Loading...
Quadrant Business Park Design Guidelines & CC&RsRECEIVED COM.DEV. OCT 2 9 1993 r;niE BY ® QUADRANT FE9 Development Standards Declaration of Covenants, Conditions Restrictions The Quadrant Corporation A Weyerhaeuser Company .9 QUADRANT BUSINESS PARK - BOTHELL DEVELOPMENT STANDARDS TABLE OF CONTENTS I. MASTER PLAN SUMMARY IL OBJECTIVES III. BUSINESS PARK USES IV. SITE PLANNING, ARCHITECTURAL AND LANDSCAPE STANDARDS A. Site Coverage B. Building Setbacks C. Landscape Standards D. Parking and Access E. Architectural Standards F. Signs G. Energy Conservation H. Screening of Storage, Service and Loading Areas 1. Lighting J. Utilities K. Construction L. Grading M. Shoreline Master Program N. General Provisions V. ARCHITECTURAL COMMITTEE VI. DEFINITIONS 1 ( QUADRANT BUSINESS PARK - BOTHELL DEVELOPMENT STANDARDS L MASTER PLAN SUMMARY Quadrant Business Park - Bothell is located within the North Creek Valley, Bothell, Washington. The 175 acre Business Park includes a variety of lots ranging in size from less then 2 acres to combinations of 20 acres or more. The Business Park is adjacent to Interstate 405 offering convenient access to the Eastside, Seattle and the Puget Sound Region. The Master Plan is included for reference - See Figure 1. Quadrant Business Park - Bothell has been planned as a quality business park. The emphasis has been not only on creating and maintaining a good business environment but also on incorporating a park-like setting. A large percentage of the development is set aside as open space offering recreational opportunities for both the community and Quadrant Business Park - Bothell. Landscaping on each lot and along the major roadways further enhances the overall concept. The planning has included provisions for utilities and roadways. Development Standards have been prepared for the Business Park as a means to insure compatibility of the individual developments. These Standards define the minimum requirements for all lots and tracts. The owner/developer will be expected to work within these Standards and submit plans to the Architectural Committee and the City of Bothell for review and approval. The Development Standards have been formulated to assist the owner/developer in preparing plans for review and approval within the shortest possible time. The Architectural Committee will first review the plans to assure consistency with the overall design concepts and may make reasonable interpretations to assist in the development of a quality Business Park. The City of Bothell will review the plans for each lot based on its certificate of zoning compliance procedures and the standards and conditions related to the Master Plan. Also, to insure the shortest possible review of any plan, the owner/developer should be familiar with these Development Standards, protective covenants, development conditions affecting any proposal and any applicable City of Bothell codes. The normal review procedure is outlined in Figure 2. 2 3 r QUADRANT BUSINESS PARK - BOTHELL OUTLINE OF DEVELOPMENT REVIEW PROCEDURE FIGURE Z Preliminary • Early consultation with: Proposed - Quadrant as to development development plan requirements prepared - City of Bothell as to codes and related requirements Final • Review primarily Architectural based on: Committee - Quadrant Business Park-Bothell review/approval Master Plan/objectives/conditions CC&R's/Development Standards City of Bothell • Review based on: Certificate - Architectural Committee approval of Zoning Compliance - Master Plan/Conditions review/approval - City of Bothell codes /conditions - Development Standards Construction/ Occupancy IL QUADRANT BUSINESS PARK OBJECTIVES: To insure that the Master Plan concept is implemented, the Development Standards have been formulated to meet the following objectives: 4 A. To implement the North Creek Valley Plans as approved through the rezone and planned unit development procedures. B. To permit office, light industrial and related uses based on development standards insuring a high quality business park. C. To insure that the lots be developed in a manner which encourages the efficient use of property and the maintenance and enhancement of property values. D. To assist in the preparation of development plans for each lot and tract within the Business Park. E. To insure that the major roadways and open spaces are planned, constructed and maintained to complement or enhance the Business Park concepts. HL BUSINESS PARK USES A. OBJECTIVE: The Business Park is planned as a mixed-use business park. The mixed-uses, primarily offices and light industry, can be designed to complement one another while making a positive contribution to the employment and tax base of the Bothell area and the region. B. Offices, light industrial and incidental commercial uses have been designated as the mixed uses for the business park. Incidental commercial uses shall be limited to an aggregate of 55,000 sq. ft. within the total site and not exceed 20 percent of the gross floor area of any single building complex. C. These uses will generally be permitted, if. 1. There is no emission of significant quantities of dust, dirt, cinders, smoke, gases, fumes, odors or vapor into the atmosphere, 2. There is no emission of any solid or liquid wastes into the drainage system or North Creek, or other waterways, 3. There is no emission outside of the facility of radiation, electromagnetic, microwaves, ultrasonic, laser or other such phenomena, 4. There is no significant perception of noise, glare, heat or vibration beyond each lot, 5. There is no significant daily use of semi-trailers, 6. Not utilizing open storage. 7. Not carried on in a manner which is intended or has the effect of attracting freeway motorists as a substantial source of business. 8. Determined to be appropriate for the Business Park in accordance with applicable review procedures. 9. Conforming to the requirements of the North Creek Valley Special District - Bothell Municipal Code -BMC 17.25. D. Specific uses not permitted are defined in the Bothell Municipal Code BMC 17.23.02.B. E. If a phased development of Lots is proposed, a phasing plan will be required at the initial development review stage. 1. If the Lot is to be developed in phases, the owner/developer will provide a phasing plan indicating the construction of buildings, parking areas and related elements for the Lot. A landscaping plan for the entire Lot shall be submitted with the Certificate of Zoning compliance application; if implementation is phased, the owner/developer will describe the phases, time periods and amounts to be installed. Performance bonds may be required for later phases. 2. Each phase of development will be required to meet the provisions of the BMC and the Development Standards. 3. The Architectural Committee may require improvements to meet the approved conditions or requirements for the Business Park. IV. SITE PLANNING, ARCHITECTURAL AND LANDSCAPE STANDARDS A. SITE COVERAGE 1. OBJECTIVE: The Master Plan includes provisions for maintaining large open spaces within the North Creek Valley. These open spaces provide passive and active recreational uses benefitting the community and Business Park. Since these large open spaces have been provided, each lot can be developed according to the Development Standards. These Standards, for each lot, not only provide for reasonable building and parking facilities but require on-site landscaping areas. 5 2. Clean light industrial uses shall have a minimum of 27% of the lot area for non-impervious or landscaped areas. 3. Office, light industrial and incidental commercial uses shall have a minimum of 33 percent of the lot area for non-impervious or landscaped areas. 4. Parks and Open Spaces - per the approved Master Plan. B. BUILDING SETBACKS 1. OBJECTIVE: The building setback areas, especially those adjacent to the roadways, provide for a positive business park image through landscaping and other design features. Provisions are also made for perimeter setbacks to assure that the business park complements and enhances the overall quality of the North Creek area. In addition, other setback areas are afforded some design flexibility to enhance site efficiency and effective use of landscaping. 2. Street Building Setback a. A minimum of 30 feet as measured from the right-of-way line, except for Lots on NE 195th Street, west of 120th Avenue N.E., where the building setback on 195th Street will be a minimum of 35 feet b. Lots having frontage on two or more rights-of-way will be subject to street building setback distance for each right-of- way. 3. Side and rear yard building setbacks are to be a minimum of 10 feet except: a. When adjacent to Interstate 405 - a minimum of 25 feet (no buildings, parking areas or driveways may intrude in this setback area; other impervious surfaces may be permitted by the Planning Commission based on a specific review). b. When adjacent to the central drainage way - a minimum of 20 feet. 6 C. When adjacent to residential zoned properties - a minimum of 25 feet d. If adjoining lots are developed simultaneously or with the written approval of the adjoining property owner, the side and rear yard building setback area may be reduced to zero, except as required in a, b, c in this Section 3 and subject to City of Bothell approval C. LANDSCAPE STANDARDS 1. OBJECTIVE: The landscaping of each lot should enhance the overall quality of the Business Park. Special attention should be paid to the street landscaping in order to provide an immediate positive image and a well-maintained visual amenity. The landscaping standards also provide for perimeter visual enhancement to complement other uses within the North Creek Valley as well as for on-site measures to enhance the. interior of each lot. These standards are considered the minimum landscaping requirements for each lot and tract. Additional landscaping materials will be encouraged. 1. Total Lot Landscaping Areas a. Clean, light industrial uses - a minimum of 27% of the lot. b. Office and other business park uses - a minimum of 33% of the lot. C. Parks and open spaces - as described on the Master Plan and approved pursuant to applicable review procedures. d. The developed portions of the lot not covered by impervious surfaces shall be landscaped. Portions of the lot to be developed at a later date shall be seeded within 30 days of grading or the addition of fill. Undisturbed portions of the lot may be left in the natural state. . 2. Street Landscaped Area a. The Street Landscaped Area is a minimum of 25 feet from the edge of the right-of-way including any areas between the edge of the right-of-way and pedestrian way/sidewalk. If no sidewalk or other pedestrian path exists within the right-of-way, the Street Landscaped Area would extend to the curbline. 7 b. The primary purpose for landscaping this area is to complement or enhance the visual amenities within and a adjacent to the right-of-way and subject to the following standards: 1) Lawns and ground covers in the street landscaped area. a) Lawns will be the primary ground cover material within the Street Landscaped Area. A minimum of 60% of the street setback landscaping area should be lawn. Bark or similar ground surface materials will be limited to areas within plantings of shrubs and ground covers and may be limited in application or area by the Architectural Committee. b) Low planting areas, including ground covers and shrubs, may be included provided that sight distances entering and leaving the adjacent street are not impaired. Shrubs should not be higher than 42 inches to provide sight distance. c) To reduce the visibility of parking areas located in front of a building and beyond the Street Landscaped Area, an earthen berm up to 3 feet in height above the sidewalk will be required in the street landscaped area. The berm shall be finished with lawn unless approved otherwise by the Architectural Committee. d) Automatic sprinkler and irrigation systems will be included within the Street Landscaping Lawn areas. The underlying Owner shall be responsible for the cost of any additions or modifications to the Street Landscaping sprinkler system as may be required to irrigate supplemental landscaping installed by such Owner. 2) Trees in the Street Landscaped Area. a) The trees in the Street Landscaped Area shall provide for visual continuity along the rights- of-way. Tree species will be selected for all 9 rights-of-way and within the Street Landscaped Area by the Architectural Committee. Other species may be approved to add variety and may be approved by the Architectural Committee. b) The trees may be located in groves, in lines or otherwise arranged to enhance the building, tie with adjoining lots and relate to right-of- way tree plans. c) The number of trees should average one for every 30 feet of frontage on the right-of-way. The trees should be 6 to 8 feet in height at time of planting. d) Trees will be located as not to impair sight distances when entering of leaving the adjacent street. The limbs of the trees are to be maintained a minimum of 8 feet above the grade to provide sight distance. Trees on any Lot bordering N.E. 195th Street shall be maintained by the Owner thereof with a minimum five (5) foot separation between the branches of any tree and the overhead power transmission lines. Prior to any planned tree trimming, the Architectural Committee shall review and approve the trimming plan. 3) Paved areas within the Street Landscaped Area. a) Paved areas within the Street Landscaped Area will be limited to driveways, walkways and for approved signs. The Architectural Committee may approve other limited paved areas. b) No parking will be permitted in the Street Landscaped Area. 3. Interstate 405 a. Landscaping adjacent to Interstate 405, for that area extending 25 feet from that property Line, shall include: 10 1) trees and shrubs to be visually significant at time of planting, approximately 6 to 8 feet in height with some deciduous trees interspersed, and to include varieties similar to other Interstate 405 setback areas within the Business Park as selected by the Architectural Committee. The trees within this area should be one per 20 feet of Interstate 405 frontage and should include groupings, a minimum of 3 trees, of primarily evergreen species, 2) trees and shrubs of sufficient height and quantities at time of planting to screen outdoor storage or utility areas, 3) ground covers or lawns except for utility access, b. Provisions for utilities and utility easement access, where necessary, will be included within this area.', 4. Landscaping adjacent to North Creek Park or other open space areas. a. Shall be a minimum of 10 feet. b. If the Lot is adjacent to North Creek Park, a minimum of 10 feet from the property boundary or 50 feet from the ordinary high water mark of North Creek, whichever is greater. C. Shall include planting materials of sufficient height and quantity at time of planting to screen outdoor storage or service areas. 5. Other landscaped areas. a. Landscaping within rear and side building setback areas. 1) The rear or side yard building setback areas are to be landscaped to provide visual continuity with adjoining lots if uses on the adjoining lot are similar or visual screening if the uses are not similar. 2) If visual screening is required or to provide perimeter landscaping of parking lots one of the following methods will be required. r a) a solid screen evergreen plant material at least 4 feet high, or b) fencing in combination with planting, or c) a 3 foot high earth berm in combination with planting. See BMC 17.25.200 C. 3) If joint access to the lot is located on the property line, the Architectural Committee may require landscaping materials at suitable locations to minimize the visual impact of parking areas or to visually separate different uses. b. The central drainage channel. 1) Any landscaping within the central drainage channel easement will be designed as not to impede the flow of water, cause flooding and should be of materials which allow easy maintenance of the channel. 2) The landscaping for the central drainage channel and adjacent area will be designed and constructed by the developer of the Business Park. 3) Additional landscaping may be required by the Architectural Committee along the drainage channel when it is visually prominent from a right-of-way within the Business Park or When additional screening may be required between different uses. 4) The drainage channel shall be maintained as a grass- lined channel in order to reduce heavy metal contaminants and organic components in the storm water runoff. Maintenance shall concentrate on preventing the succession from grasses to larger growth. The grasses may need to be cleaned and replanted to remove channel sediment concentrations. C. Lots adjacent to residential zones. 1) Landscaping materials shall be of sufficient height and materials to provide for a visual separation of uses. Trees shall be a minimum of 6 to 8 feet in height at time of planting. 11 12 2) The landscaped area shall be a minimum of 20 feet and adjacent to the property line. 3) Landscaping plans for lot areas adjacent to residential zones may vary considering topographic changes, intervening open spaces, existing vegetation or other factors providing for visual separation. d. Interior Lot 1) Not less than 6% of the interior of a parking lot with at least 15 parking stalls shall be landscaped. The landscaping shall be distributed throughout the parking area. The landscaping shall include ground covers in the landscaped strips with planting of trees. The trees shall be 6 to 8 feet in height at time of planting. See BMC 17.25.200.E. 2) Landscaping shall be provided at entry ways to buildings. 3) Screening of outdoor storage and loading areas shall be screened by plant materials of sufficient size and quantity at time of planting or other features to screen the view from rights-of-way, other lots or open spaces. 7. General Landscaping standards a. Landscaping materials shall be selected as appropriate for the North Creek Valley with preference given to species indigenous or adaptable to the Northwest. b. The Architectural Committee may recommend or require specific landscaping materials or additional plant materials to insure that the quality of the Business Park is enhanced and maintained. C. All landscaping plans shall be reviewed by the City of Bothell pursuant to applicable procedures. D. PARKING AND ACCESS 1. OBiECTIVE: The parking standards provide for the necessary parking spaces and related landscaping and pedestrian access. 13 Provisions are included to allow for traffic reduction programs to reduce parking needs and to allow flexibility in the arrangement of parking areas. 2. Parking spaces a. Parking spaces required. 1) warehousing - 1 space per 1000 square feet of gross floor area. See BMC 17.25.220.A. 2) manufacturing - 1 space per 500 square feet of gross floor area. See BMC 17.25.220.B 3) business and professional offices, medical and dental clinics and banks - 1 space for each 250 square feet of gross floor area. See BMC 17.32.020. 4) for other uses - refer to the Bothell Municipal Code - BMC 17.32.010.E and BMC 17.32.020. b. Up to 40% of the parking spaces may be designated for compact vehicles. C For the size of parking spaces, traffic aisles and details - refer to Bothell Municipal Code, especially BMC 17.32.030.1-1. d. Preferential location of vanpool, carpool or other ride- sharing vehicle parking spaces will be given with respect to building entries. Those spaces will be so identified by appropriate markings or signs. d. Parking standards may be modified based on changes in Bothell codes. 3. If the number of required parking spaces can be reduced due to vanpool, carpool or other methods to reduce traffic demands, the unused parking impervious surface areas will be reallocated to landscaped areas as proposed by the owner/developer and approved pursuant to applicable review procedures and conditions of approval. 4. Parking area setbacks required a. From rights-of-way a minimum setback of 25 feet. b. From side or rear property lines a minimum of 5 feet or as described in Section C6, unless additional area is required as part of the Certificate of Zoning compliance process, except where; 1) adjacent to Interstate 405 - a minimum of 25 feet, (no buildings, parking lots or driveways may intrude in this setback area; other impervious surfaces may be permitted by the Planning Commission based on a specific review) or 2) adjacent to the central drainage channel - a minimum of 20 feet, or 3) adjacent to North Creek Park - a minimum of 20 feet from the property line, or 75 feet from the mean high water line of North Creek, whichever is greater, or 4) adjacent to other open spaces or parks - a minimum of 10 feet, 5) adjacent to residentially zoned property - a minimum of 20 feet, or 6) as defined in following Sections. c If parking areas on two lots adjoin, either when lots are planned jointly or adjacent to an existing parking area and the parking areas can be functionally connected, the parking area setback may be reduced provided that parking areas do not intrude in the setback along 1-405. The combined parking area plans may be approved pursuant to applicable review procedures. Any reduction in the parking area setback would require comparable landscaping in the parking areas in addition to the 6% requirement in Section C6d1. d. If the following conditions are met, the parking area setback may be reduced to zero and be approved in accordance with applicable review procedures: 1) a Lot adjoins a common area or public park, 2) parking stalls will be available on the adjoining lot for use by public park users, 14 15 5. Vehicular Access a. Shared vehicular access to lots will be encouraged as a means to reduce impervious surfaces and the number of access points. b. Access points for each lot will be limited to no more than two locations to public rights-of-way. Corner lots will be limited to two access points. C. Lots adjacent to NE 195th Street 1) Corner lots adjacent to NE 195th street will be required to have primary access from North Creek Parkway or 120th Avenue NE. A right. turn only ingress/egress access point may be permitted to NE 195th Street or access to NE 195th may; be shared with an adjacent lot. 2) Lots with access to NE 195th Street only will be limited to one primary access point. A second access point may be permitted on a share basis with an adjacent lot or limited to a right turn ingress/egress access. d. When parking is provided at the rear of the building, and a driveway or land alongside the building provides access to the rear parking area, such driveway will have a minimum width of 12 feet and a 3 foot minimum sidewalk adjoining the building curbed or raised six inches above the driveway surface. See BMC 17.32.030.1. E. ARCHITECTURAL STANDARDS 1. OBTECTIVE: The architectural standards have been formulated to encourage high quality design yet allow owners /developers latitude to construct facilities based on individual needs and to utilize innovative or creative design solutions. 2. Building height a. There is no building height limitation, provided that, for all structures over 35 feet in height, all building setbacks will increase by one foot for each foot of building over 35 feet. 16 b. The additional setback distance required for structures over 35 feet in height, may be applied unequally with respect to each setback area and in accordance with applicable review procedures. C. For buildings exceeding 35 feet in height, see BMC 17.25.180.E and BMC 17.34.010. Additional environmental review will be required in conjunction with the Certificate of Zoning Compliance if buildings with more than three stories are proposed. d. Consideration will be given to the location and height of buildings relative to any existing solar collection elements to minimize shading thereof. 3. Building Materials and Components a. The Architectural Committee will review all building and structure designs to insure the style and materials of which they are constructed are compatible with the surrounding buildings and the overall character of the Business Park. No "period buildings" will be permitted. Contemporary buildings forms and materials will be encouraged. b. Prefabricated pre-engineered metal buildings will not be permitted. Metal building components may be incorporated as an exterior finish material provided the components fit the overall design concept for the structure. Plans which provide for metal clad buildings may be proposed. These buildings must be designed and constructed so as not to have the appearance of a pre-engineered building and designed by an architect and specifically approved in writing by the Architectural Committee. C All rooftop or other attached equipment must be treated architecturally to minimize its visual impact on the building and from major roadways and hillsides. If rooftop equipment cannot be screened by building parapets such equipment will be screened by unobtrusive devices that would appear as an integral part of the building. See BMC 17.25.180.D. d. The major exterior portions of buildings and fencing materials should be of natural, white or earth tones. Accent colors would be permitted. See BMC 17.25.180.B. 17 4. Design consideration for each building should be given to achieving these guidelines. a. views and vistas b. solar orientation and climate, solar reflection c. orientation toward major streets and thoroughfares d. vehicular and pedestrian flows e. the character of surrounding developments f. expressions of a facility's functional organization g. expressions of the individual character of each business h. the satisfaction of physical, psychological, social and functional needs of facility users i. energy conservation through facility design j. potential environmental hazards k. enhancement of the overall landscape 1. the adjacent open space 5. Consideration should be given to the incorporation of design features. a. ceremonial or well defined entrance drives b. visitor parking areas c. highlighted visitor entrance and entry plazas d. highlighted employee entries and entry plazas e. decorative pedestrian plazas and walkways f. focal theme towers g. focal site sculptures h. employee lunch areas i. employee recreational facilities j. accent landscaping k. accent lighting 1. atriums and interior courts M. dynamic building and roof forms n. striking window patterns o. light and shadow patterns p. color accents 6. Buildings located on Lots adjacent to Interstate 405 a. Shall be designed or positioned so as to buffer freeway noise. b. Shall be designed to minimize the view of storage or loading areas from the freeway. 7. Buildings located on Lots adjacent to open spaces. 18 a. These buildings should be designed to take advantage of the open space amenities. b. The Architectural Committee will review building elevations adjacent to and facing the open spaces to assure workable and suitable elevations. F. SIGNS 1. OBJECTIVE: Signs are to provide for identification of the Business Park, buildings and major business as therein. The size and number of signs are to be limited to minimize their negative visual impact. 2. Business Park identification signs a. Signs identifying Quadrant Business Park -Bothell may be located at each entry to the Business Park. b. Each sign may be up to 40 square feet in area and be illuminated. The signs may be designated as part of an entry structure. C. The signs are to be located as not to impair sight distances. 3. Project identification signs on each lot. a. The signs shall be related to the scale of the building, location on the lot and size of other signs. b. The signs may be attached to the building or ground mounted. No pole signs will be permitted. C. Primary identification signs may be permitted in the street building setback area and contain the name of the building or sole user of any lot and the address. Signs in the street building area are not to exceed 42 inches in height and be located as to provide adequate sight distances for vehicles - entering the right-of-way. No directory sign will be permitted in the street building setback area. d. Any directory sign to identify all tenants will be located a minimum of 25 feet from the right-of-way. The directory sign is to be oriented to facilitate ease of direction on site and not be oriented to vehicles within the right-of-way. e. Signs on buildings. 19 1) Signs on buildings may be in lieu of primary identification signs. 2) Tenant identification signs may be located near entries to the building, and shall be in scale with the design of the building and entryway. 3) Addresses should be attached to buildings or may be integrated with other signs to facilitate easy identification. f. For lots adjacent to Interstate 405, signs may be visible to the freeway incidentally, but will not be directed toward the freeways or travelling public. Such signs will be designed and located to serve the users of the property. Any signs which may be directed to the freeway incidentally may be limited in size and color. See BMC 17.25.210:1). 4. Temporary real estate, construction and related signs will be limited in size and number, will not be illuminated, will be appropriately designed and require Architectural Committee approval. Removal of temporary signs will be upon completion of a building under construction, or sale or lease of a lot or improvement thereon. See BMC 17.28.090 for sign dimensions. 5. The sign requirements of the Bothell Municipal Code will also apply except the Architectural Committee may recommend or require that the size of signs be limited further. G. ENERGY CONSERVATION 1. OBJECTIVE: To encourage site planning and architectural standards as well as a traffic system management (TSM) program to achieve conservation and the effective use of energy. 2. Site Planning: a. To reduce energy consumption the buildings shall be oriented considering the following factors: 1) to gain maximum solar insolation to reduce space heating demand, and 2) to minimize cooling needs. 20 b. Trees and other landscaping materials and treatments should be located 1) to take advantage of solar access opportunities, 2) to enhance summer cooling effects and to minimize the effects of winter prevailing winds. C. Exterior lighting shall be energy efficient. d. Site planning examples 1) Primary orientation of buildings should be to due south for maximum passive solar opportunities yet recognizing that orientations of 30 degrees or more from due south provides good passive solar benefits. 2) The location of deciduous trees, primarily to the southeast, south, southwest and west of buildings can provide summer shade for reducing cooling needs and allow for solar exposure during the winter months. 3) Significant groupings of evergreen trees should be avoided to minimize solar access problems relative to office or similar buildings on-site or to adjacent lots. 3. Architectural a. Roof overhangs or other shading elements should be located on southerly facing facades to minimize summer heat gains. Such roof overhangs or other shading devices would not be counted as impervious surfaces. b. Major exterior entries to office or other similar work areas should include vestibules to minimize excessive infiltration. C. Elements of solar systems, such as solar panels, photovoltaic cells or other external individual energy generating equipment, will be reviewed and approved by the Architectural Committee on a case-by-case basis to insure that the elements are integrated as a design feature of the building and are considered as part of the site plan. 21 d. The proposed energy conservation and the solar elements with respect to adjoining lot buildings and landscaping for the purpose of maximizing solar access potential will be reviewed on case-by-case basis by the Architectural Committee. e. Design parameters 1) Interior temperatures should be 70 degrees F for heating and 78 degrees F for cooling based on State Energy Code and ASHRAE design guidelines. 2) Resistance to heat flow (R values) are to meet State Energy Code requirements. Any proposed reductions in the R values would require documentation as to the expected energy efficiency as equal to or better than the R value and be approved' as part of the normal review process. f. The maximum percentage of exterior wall glazing and the insulated glass requirements are to meet State Energy Codes. All sky lights will be double glazed, except for unheated areas. If passive solar features are included in the design of the building, the glazing area which meets the following criteria may be excluded from the area percentage requirements. The area must be double glazed. The glazing must be untinted, non-reflective glass,foriented within 30 degrees of due south and receive substantial solar exposure. The building must contain a required amount of heat storage capacity based on each square foot of exempt glazing. . g. Energy saving measures should be included in the design of each building. The following list includes some energy saving measures to promote the efficient use of energy or reduce energy consumption. These measures are included to illustrate some possibilities and need to be evaluated by the owner/developer based on the type of building use, the size and design of the building or use, the machinery or equipment within the building, cost effectiveness and state and local code requirements. 1) heat pumps 22 2) operable windows for natural ventilation 3) skylights in warehouse to reduce the number of light fixtures 4) low wattage lighting 5) dual level lighting switches for exterior offices 6) area or individual office switching for light fixtures 7) infra red heating in warehouse areas with fans to circulate heated air 8) high pressure sodium vapor lights in warehouse area. 9) lighting levels related to task rather than area lighting 10) setback thermostats 11) time clocks for heating/cooling systems 12) low leakage dampers for heating systems . 13) lighter interior colors to reduce lighting requirements 14) reflective exterior glass for primarily east and west sides of building 15) energy efficient motors 16) heat recovery to assist in meeting hot water demands 17) zone controls for heating/cooling systems. h. The Architectural Committee may offer reasonable suggestions as to possible measures for reducing energy consumption, including, but not limited to, building insulation, glazing or window treatments, low energy heating and cooling equipment or efficient lighting systems. L The owner/developer should review applicable state and local energy codes for additional and specific requirements. 4. The owner/developer of each lot will be required to make a specific proposal for reducing peak hour trips. Individual proposals will also be viewed as integral parts of an overall corporate park traffic system management (TSW plan. a. The methods for reducing peak hour trips could include, but not be limited to, vanpools, ride sharing, staggered work hours, flex-time or combinations thereof. b. How the plan will be implemented including designated parking spaces for vanpool or ride-share vehicles and programs for continued operation. 23 C. The Architectural Committee will review the proposed methods for reducing peak hour trips to ascertain the possible reduction in parking spaces and the effect on the overall site plan. d. The owner/ developer, if requesting a reduction of required parking spaces, would be required to show how the methods would be implemented and the proposed reductions in parking spaces. H. SCREENING OF STORAGE, SERVICE AND LOADING AREAS 1. OBJECTIVE: The visual screening of service and loading areas will help to insure the quality image of the Business Park yet allow for necessary accessory facilities. 2. Visual screening of any exterior trash receptacle, storage area, loading area, service area, utility area, mechanical equipment or similar accessory facilities or areas will be required. a. These facilities must be screened from the adjacent streets, Interstate 405, adjoining lots, open spaces or other areas that could adversely affect other lots or the overall appearance, value and quality of the Business Park b. These facilities will not be located in the street building setback area, building setback areas adjoining parks or residential zones. 3. The methods of visual screening could include: a. Landscaping materials of sufficient height and density, b. Earthen berms with sufficient landscaping materials, c. Fencing with sufficient height and of materials to visually obscure, d. The walls or position of buildings on the site, e. Roofing or an enclosure as determined by the Architectural Committee, if no other method is sufficient to visually screen the above cited facilities. 4. Provisions will be made for any necessary vehicle loading areas. i a. On-street loading or unloading will not be permitted. b. Loading areas are not to be located within the street building setback area or adjacent thereto. C. Loading areas should be located as not to be visually prominent from the rights-of-way. d. The screening of loading areas will be required. e. See Bothell Municipal Code - BMC 17.25.200.B and 17.32.040 for additional loading space requirements. 5. All screening proposals will be reviewed by the Architectural Committee to insure conformance with the design criteria. The Architectural Committee may require additional means to visually screen storage, service or loading areas. 6. The construction of necessary and visually complementary fences and walls may be permitted for the purpose of site security, sound attenuation, separation of activities or the screening of unloading, storage or other areas where visual buffering may be required. Fences, walls and other such installations will be reviewed by the Architectural Committee. a. Installation will be undertaken to insure they are as inconspicuous as possible and designed as complementary to the architectural features of the buildings. b. The location or height does not reduce the safety or efficiency for ingress/egress to each Lot. C. May be required to screen storage, loading service or other such areas as further described in other, sections. d. If chain link fencing is proposed, it will be designed with appropriate colors or materials to not detract from the visual quality of the Business Park. Plant materials or berms may be required by the Architectural Committee in conjunction with the fencing. Galvanized or other such fencing, by itself, will not be permitted, except for temporary construction site fencing. e. The height and location will be restricted to the minimum necessary regarding security, sight lines or for other safety or protective purposes. 24 25 f. The BMC provisions regarding height and location will prevail. I. LIGHTING 1. OBJECTIVE: The different purposes of exterior lighting in the Business Park are for public safety, business identification, security of property and architectural accent. These guidelines are to provide a Business Park that is safe to walk and drive through, architecturally pleasing to look at, easy to locate businesses and provides workable service areas. When planning a project the owner/developer should use fixtures that are architecturally coordinated with the appropriate building, landscaping or sign while minimizing any light spillage on adjacent property or adjacent hillsides. 2. Lighting Standards a. Building identification or accent lighting may be permitted including 1) Lighting from the planting beds 2) Architectural pole lighting of a height in scale with the building 3) Building mounted fixture coordinated with the building architecture. b. Lighting for approved signs could be from internal or external sources and limited to illumination of the sign only. See BMC 17.25.210. C. Parking Lots 1) Lighting standards in scale with the building but not to exceed thirty feet in height. 2) The fixtures are to be selected to minimize spillage beyond area to be lighted. 3) All parking lot lighting should be energy efficient high pressure sodium vapor or other fixture to match other exterior lighting. 26 d. Pedestrian Walkway 1) Fixtures that are coordinated with the adjacent landscaping. 2) The lighting is directed to minimize spillage beyond the walkways. e. Service/Storage 1) The lighting is directed and related only to the service or storage area. 2) Other methods than pole type light fixtures will be encouraged. f. Lighting fixtures are to be designed to minimize glare and excess lighting toward the hillsides. 3. The Architectural Committee may recommend or require specific lighting fixtures to minimize energy demands, provide for continuity of existing types or to achieve the purposes of this section. J. UTILITIES All utilities serving individual lots in the Business Park will be underground. In all cases the Owner/developer should contact the appropriate company or agency responsible for the particular utility to insure compliance for design, availability, fees, inspections and other requirements. Those companies or agencies are: a. Electrical - Puget Power b. Natural Gas - Washington Natural Gas C. Telephone - General Telephone d. Water - City of Bothell e. Sanitary Sewer - City of Bothell 2. Any utility and operational equipment located on the exterior of the building or above ground are to be screened from off-site view. Screens shall be integrated with the building plans and be 27 designed so as not to attract attention. Examples of screening are as follows: a. Building configuration b. Screening walls of material similar to and compatible with that of the building. C. Suitable landscaping consistent with the safety and other regulations of the utility companies 3. On-site storm retention systems located on individual lots are to meet City of Bothell standards and other applicable requirements to insure proper installation, operation and maintenance by the Owner/ Developer. In order to satisfy storm water retention requirements for streets within the Park, each on-site storm retention system shall be designed to accommodate 75.5 cubic feet of storm water runoff per acre of property served thereby, in addition to runoff calculated to be generated by the particular site. 4. Any external structure, device or equipment used in the transmitting or receiving of electronic, microwave or other such measures will be included and identified in the proposed plans and be reviewed by the Architectural Committee in addition to meeting the provisions of other applicable codes. K. CONSTRUCTION 1. During the development stage of the Business Park there will be completed projects adjacent to projects under construction. To allow the completed projects to do business free from as much distraction and inconvenience from adjacent construction as possible projects under construction must organize the construction site and activities accordingly. Also, the construction activities are not to cause the rights-of-way to be unsightly or create traffic obstructions. - 2. Construction guidelines a. Trailers or temporary construction buildings will be placed as inconspicuously as practicable, minimize inconvenience to owners or occupants of other building sites, and be removed not later than 30 days after the date of substantial completion for beneficial occupancy of the building(s) in connection with which the trailer or temporary structure was used. i b. An approved temporary erosion control method will be employed to eliminate any excessive storm damage on adjacent property and control sediments pursuant to BMC. C. See applicable BMC Sections for fill requirements. 3. Construction projects will be diligently pursued from initial site preparation to substantial completion. 4. Storage of construction materials will be undertaken in an organized manner and any hazardous materials will be fenced for safety. 5. All construction vehicles will be parked on the site. Construction employee vehicles shall be parked on the site and, if practicable, on all-weather surface to minimize off - site mud and dirt. 6. Methods of dust control will be employed whenever adjacent properties are adversely affected. 7. All city codes pertaining to street clean-up will be met pursuant to BMC. 8. Construction equipment should be maintained to minimize noise. Construction will be limited to the hours between 7 AM and 8 PM Weekdays. L. GRADING 1. OBTECTIVE: To insure that all buildings and other impervious surfaces are designed in accordance with the approved grading plan. . 2. All developments must conform to the grading and related drainage requirements as well as applicable City of Bothell codes and guidelines. M. SHORELINE MASTER PROGRAM 1. All developments located within 200 feet of the ordinary high water mark of North Creek must conform to and comply with the Bothell Shoreline Master Program and applicable sections of the Development Standards. 28 29 N. GENERAL PROVISIONS 1. If there is a conflict between the Conditions, Covenants and Restrictions (CC and R's) /Development Standards and the Bothell Municipal Code, the provisions of the Bothell Municipal Code will prevail, except as follows: a. when the CC and R's/Development Standards require landscaping, setbacks or other standards in excess of the BMC provisions, then the CC and R's/Development Standards will prevail; or b. when the BMC provisions were specifically modified through the PUD, plat or other process and identified as follows: 1) Section IVB3d to include zero line setbacks based on written approvals of the adjacent property owner, and 2) Section IVD4c to include provisions for adjoining parking lots where parking setbacks may be reduced and the required landscaping reallocated, then the CC and R's/Development Standards will prevail. 2. The Development Standards may be amended as follows: a. Minor modifications may be approved by the Department of Community Development. Minor modifications mean changes to insure internal consistency, clarifications of the dimensions or requirements or changes based on adopted conditions and consistent with BMC 17.26.230. b. Major modifications require approval of the Planning Commission and City Council. V. ARCHITECTURAL COMMITTEE A. The Architectural Committee will be appointed by The Quadrant Corporation pursuant to the recorded Conditions, Covenants and Restrictions. B. The Architectural Committee will review and approve all plans for the development of each lot and tract within Quadrant Business Park- Bothell. r C. Any approval of plans by the Architectural Committee will be based on meeting or exceeding the requirements in the Development Guidelines. Approval by the City of Bothell is also required. VI. DEFINITIONS BUSINESS PARK - Quadrant Business Park - Bothell IMPERVIOUS SURFACE - Materials or structures placed on or above the ground which reduce the rate of water absorption at any location on the development site from that which occurred prior to development. The term impervious surface includes, but is not limited to: A. Buildings (not including roofs and overhangs), B. Sidewalks and other paved ways; C. Parking lots; D. Paved streets, except as otherwise provided in BMC 17.25.. E. Decks, terraces and patios; F. Incidental outside storage. Impervious surface area is measured as the ground area of the entire development site covered by any impervious surface determined by vertical projections to the ground from the widest points of the building (not including roofs and overhangs) or other impervious surface. In order to encourage flexibility in the location of buildings and other structures, public rights-of-way and primary access roads which are determined by the city to be reasonably necessary to serve the purposes of the development and of Bothell Municipal Code - BMC 17.25 shall not be counted as impervious surface. The determination shall be based upon the following criteria: 1. The relationship of the proposed development's buildings and/or open space to adjacent properties; 2. The visual impact which will stem from excluding the area; I The location of and need for the street or right-of-way in relation to other transportation corridors, either existing or as proposed in the Bothell comprehensive plan. In the event the city specifically requires, approves or constructs any improvement in an area set aside as open space pursuant to an approved open space plan, impervious surface necessitated by such improvement shall be included as open space in the calculation of allowable impervious surface coverage. 30 31 OWNER/DEVELOPER - A holder of fee or simple title or contract purchaser in possession of a Lot. LOT - Means those lots shown on the plat of Quadrant Business Park Division One and any subsequent lots added to the Business Park. See CC and R's. BUILDING SETBACK - The distance from the property line to the exterior wall of the building or structure, usually described as a minimum distance. MASTER PLAN - The approved plat and planned unit development for Quadrant Business Park - Bothell. ARCHITECTURAL COMMITTEE - The Architectural Control Committee as established in the Conditions, Covenants and Restrictions. IMPROVEMENT - Any structure, building, sign, landscaping treatment, parking area, driveway, storm water retention system and any other improvement on a lot. LANDSCAPED AREA - Any area that is not covered by an impervious surface. Landscaped areas within or immediately adjacent to developed portions of the Site will be constructed with trees, shrubs or ground covers or utilize existing vegetative materials and be approved. Landscaped areas in undeveloped portions of the lot will be seeded or the existing vegetation maintained. BMC - Bothell Municipal Code. CLEAN. LIGHT INDUSTRIAL USES - As defined in the Bothell Municipal Code, Chapter 17, and as amended from time to time. 1 DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS, AND AGREEMENTS FOR QUADRANT BUSINESS PARK-BOTHELL REVISED MAY 12,1993 (First Through Fifth Amendment Changes Incorporated into CC&R's) DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS, AND AGREEMENTS FOR QUADRANT BUSINESS PARK-BOTHELL ARTICLE I DECLARATION 1.1 This Declaration is made on the date hereinafter set forth by The Quadrant Corporation, a Washington corporation, which is the owner of all that certain real property located in King County, Washington, commonly known as Quadrant Business Park-Bothell, (referred to as The Park herein), and more particularly described on Schedule A, attached hereto and incorporated herein by this reference. 1.2 The Quadrant Corporation hereby declares that all of the real property within The Park shall be held, sold, and conveyed subject to the following easements, restrictions, covenants, conditions, reservations, charges, and liens (hereinafter collectively referred to as "Covenants"). Such Covenants shall benefit The Park and are for the purpose of enhancing and protecting the value, desirability, and attractiveness of The Park. The Covenants shall inure to the benefit of and shall burden the real property within The Park and shall run with the land, and shall apply to and be binding upon all of the parties having or acquiring any right, title, or interest in The Park or any part thereof, and shall be binding upon their heirs, successors, and assigns, in perpetuity. Declarant reserves unto itself the right to initiate any and all studies, sign any and all agreements and otherwise take actions necessary to satisfy adopted City of Bothell Project Approval Conditions for the Park. Declarant may transfer these responsibilities to the Association at its sole discretion. ARTICLE II DEFINITIONS For purposes of this declaration, certain words and phrases have particular meanings which are as follows: 2.01 "Architectural Committee" - shall mean and refer to the Architectural Control Committee referred to and provided for in this Declaration. 1 2.02 "Association" - shall mean the Quadrant Business Park - Bothell Owners' Association, a Washington non-profit corporation, its successors and assigns and composed of owners of lots within The Park. 2 The Association may not be dissolved without written authorization from the City of Bothell. 2.03 "Board" - shall mean the Board of Directors of the Association which shall be elected by the Association from among its members. 2.04 "Central Channel Easement" - shall mean the forty-foot to sixty-foot wide drainage and pedestrian corridor easement running generally in a north-south direction, commencing on N.E. 195th Street with its centerline beginning approximately 450 feet east of the right-of-way of xNorth Creek Parkway and thence southerly to the southerly limits of The Park as depicted on the Plat. 2.05 "Common Areas" - shall mean and refer to: a) Tracts A and G as shown on the plat which shall be conveyed to the Association pursuant to terms of this Declaration and, b) Reserved open space areas on lots as shown on the face of the plat including the "Central Channel Easement". Tracts B through F have been dedicated to the City of Bothell as permanent open space. Tracts A through G shall have permanent public access. 2.06 "Declaration" - shall mean this Declaration of Protective Covenants, Conditions, Restrictions, Easements and Agreements for Quadrant Business Park -. Bothell, and any amendments thereto. 2.07 "Declarant" - shall mean Quadrant Business Park Associates, a Washington general partnership, and the successors and assigns designated by it as Declarant for the Park. 2.08 "Improvement" - shall mean any structure or other building, sign, landscaping or other planting, parking area, driveway, storm water retention system, and any other improvements located on a lot, tract or common area. 2.09 "Lot" - shall mean any legal subdivision of land within The Park and include Lots 1 through and including 36 as shown on the face of the Plat, together with all appurtenances of said Lot. 2.10 "Owner" - shall mean the record owner of a Lot, whether one or more persons or entities, but excluding entities or individuals having such interest merely as security, and excluding, for purposes only of membership and voting in the Association and assessment for Association expenses (but not excluding assessments under Section 6.7) the record Owner of Lots lying west of Interstate 405. A purchaser under a recorded real estate contract shall be deemed an Owner as against its respective seller. 2.11 "The Park" - shall mean Quadrant Business Park -Bothell. 2.12 "Plat" - shall mean the plat of The Park recorded in Volume of Plats pages -, records of King County, Washington. A copy of the Plat is attached hereto as and incorporated herein by reference. 2.13 "Streetscape Area" - shall mean that portion of a Lot, tract, or Common Area as shown on the face of the Plat lying within 25 feet of the near edge of a street right-of-way within the Park, including N.E. 195th Street, North Creek Parkway, and 120th Avenue N.E. Said Streetscape Area shall be considered part of the Lot, tract, or Common Area upon which it is located but shall be subject to certain common property rights as set forth in Section 5.5 of this Declaration. The Streetscape Area shall in addition include any street right-of-way between the near curbline and the near edge of the right-of-way but shall not include street medians. ARTICLE III. RESTRICTIONS ON USE OF PROPERTY 3.1. DEVELOPMENT STANDARDS. All Improvements constructed within The Park shall be constructed consistent with procedures, goals, objectives and standards set forth in the Quadrant Business Park - Bothell Development Standards approved by the City of Bothell and located in City file #E2-82-126. 3.2 PERMITTED USE. No Lot within The Park shall be used for any purpose other than dean light industrial, light industrial, office, and incidental commercial uses in conformance with the North Creek Valley Plan and applicable zoning or other regulations of the City of Bothell. No single- family residential or multifamily residential shall be permitted. No industrial, office or commercial structure is permitted in the Common Area. 3.3 CONSTRUCTION OF IMPROVEMENTS. Construction of any improvements shall be diligently pursued and completed once such construction has commenced. 3.4 NO TEMPORARY DWELLINGS. No trailer, shack, barn, or other outbuilding, or any other structure of a temporary character shall be used on any Lot, tract or Common Area at any time provided that temporary sales or construction offices or other such structures shall be 3 4 permitted on any Lot upon the approval of the same by the Architectural Committee. 3.5 NUISANCE. No noxious or offensive activity shall be carried on upon any Lot, tract or Common Areas nor shall anything be done on any Lot which is or may become an annoyance or nuisance to the Owners of the Lots. 3.6 VACANT LOTS. Vacant Lots and any Lots under construction shall be maintained by their respective Owners in an orderly condition. Debris, weeds, or other waste material shall be removed or controlled on a regular basis by the Owner. 3.7 TRASH. No garbage, refuse, or rubbish shall be deposited or kept on any Lot or building except in a suitable enclosed container. All areas for the deposit, storage, removal, or collection of garbage or trash shall be screened from other Lots and from the public roads or Common Areas. All equipment and containers for the storage or disposal of trash, garbage, or other waste shall be kept in a clean and sanitary condition. 3.8 SIGNS. Any signs of any kind to be displayed to the public view on any Lot shall be subject to the review of the Architectural Committee; provided however, that Declarant shall have the right, without approval of the Association or the Architectural Committee, to advertise The Park and any lot for sale or lease by signs displayed to the public until such time as all Lots within The Park have been sold by Declarant. All signs are subject to applicable Laws and Ordinances of the City of Bothell. ARTICLE IV ARCHITECTURAL CONTROL COMMITTEE 4.1 ESTABLISHMENT. An Architectural Control Committee (referred to as the Architectural Committee) is hereby established for the purpose of ensuring consistency in the design of any and all Improvements upon the Lots, tracts and Common Areas and preserving the landscaping and native vegetation of the same and ensuring proper maintenance of the property and its appurtenances. The Architectural Committee shall have three members. The members shall be appointed and may be removed by Declarant. The members of the Architectural Committee shall designate one of their number to serve as chairman of the Architectural Committee and shall adopt such procedures and guidelines as they deem necessary for the orderly administration of their duties 4.2 IMPROVEMENTS. No Improvement shall be erected, placed or altered or lot line adjusted or parcel segregated on any Lot, tract or Common Area until the lot line adjustment or segregation or building plans, specifications, and plot plan (hereafter called "The PROPOSAL"), showing the nature, kind, shape, height, materials, and locations of such building structure, segregation or other Improvement have been submitted and approved in writing by the Architectural Committee. 4.3 CRITERIA FOR IMPROVEMENTS. The Architectural Committee shall consider the following criteria in approving, rejecting, or modifying the plans for the Proposal submitted to it. No changes or amendments shall be made to these criteria without authorization in writing by the City of Bothell prior to the changes or amendments. a. The harmony of the external design, color, and appearance of the Proposal in relation to the other light industrial and office development within the Property. b. The conformance and compatibility of the Proposal with the development Standards applicable to The Park particularly in light of the following criteria: site coverage, building setback, landscape standards, parking and access requirements, architectural standards, screening requirements, lighting requirements, utilities service requirements and other elements contained in the Development Standards. C. The location of the Proposal on the Lot with regard to slopes, soil conditions, existing trees and vegetation, roads and surfaces, and existing buildings and other structures. d. The relationship of the Proposal to the surrounding development. e. The compliance of the Proposal with the covenants contained in this Declaration f. The compliance of the Proposal with the provisions of the relevant ordinances of the City of Bothell applicable to The Park. g. The compliance of the Proposal with the Plat and the conditions thereof. h. The harmony of the landscaping indicated in the Proposal with other trees, shrubs, bushes, hedges and ground cover on other Lots. 4.4 PROCEDURE. The Architectural Committee shall approve or reject all Proposals submitted to it within thirty (30) days from the date of the submission of the Proposal to the Committee unless the Owner submitting the Proposal consents to an extension of the time for a decision. The Architectural Committee shall have the right to reject any Proposal which it decides is not 5 6 suitable or desirable based on the above criteria or other relevant criteria. The Architectural Committee's decision shall be in writing, and if a Proposal is not approved, the decision shall include a brief statement of the reasons for the Committee's action. The Architectural Committee shall have the right to approve a Proposal subject to compliance with the above established criteria and conditions established by the Committee. The Owner acknowledges and is aware that approval by the Architectural Committee hereunder shall not be deemed approval by the City of Bothell or any other applicable governmental agency. In the event the Architectural Committee rejects a Proposal or any portion thereof, an Owner may resubmit such Proposal, modified accordingly, at any time for a review by the Architectural Committee. 4.5 NO LIABILITY. The members of the Architectural Committee shall have no personal liability for any action by or decision of the Architectural Committee. By acceptance of a deed to any Lot within The Park, the Owner of that Lot agrees and covenants not to bring or maintain any action against any member of the Architectural Committee which seeks to hold that member personally or individually liable for costs or damages relating to or caused by any action of or decision by the Architectural Committee and further agrees not to bring or maintain any action against the Declarant hereunder. 4.6 FEES. The Architectural Committee shall have the authority to establish reasonable fees for the review of Proposals to compensate the members of the Architectural Committee and to pay the costs and expenses of the Architectural Committee. Approval of any Proposal may be withheld pending payment of such fees. Such fees shall be chargeable to the Owner of the Lot submitting such Proposal to the Architectural Committee for approval. 4.7 TERMINATION OF ARCHITECTURAL COMMITTEE. Unless Declarant elects otherwise, there shall be no termination of the Architectural Committee until such time as no Lot is owned by Declarant and all construction of Improvements has been completed on all Lots; provided that Declarant may at its option terminate the Architectural Committee prior to that time. Termination of the Architectural Committee shall not be effective until authorized in writing by the City of Bothell. Upon the termination of the Architectural Committee, the Association shall assume the obligations imposed upon the Architectural Committee by the terms of this Declaration. The Association and the Owners of Lots within The Park may, after termination of the Architectural Committee, at their election, elect or appoint a separate group to perform the obligations of the Architectural Committee hereunder. r_. ARTICLE V OWNERS ASSOCIATION 5.1 MEMBERSHIP. Every person or entity who is an Owner of any Lot shall become a member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any Lot and shall not be assigned or conveyed in any way except upon the transfer of title to said Lot and then only to the transferee of such title to the Lot. All Owners shall have rights and duties as specified in this Declaration. 5.2 VOTING RIGHTS. Owners, including the Declarant, shall be entitled to one vote for each 1,000 square feet in each Lot owned by any Owner; provided that so long as Declarant owns any Lot, Declarant shall have three (3) votes for each 1,000 square feet then owned by Declarant. Should the calculation of any Owner's votes result in a figure for total votes applicable to that Owner other than a whole number, the number of votes applicable to that particular Owner shall be increased such that the number of total votes shall be the next highest whole number. When more than one person or entity owns an interest in any Lot, the vote for such Lot shall be exercised as they among themselves determine, but in no event shall any vote be divided among the Owners. The voting rights of any Owner may be suspended as provided in the Declaration, Articles or By-Laws of the Association. 5.3 MANAGEMENT OF COMMON AREAS AND ENFORCEMENT OF DECLARATION. With the exception of the City of Bothell's authority to enforce certain provisions of this Declaration as set forth in paragraph 8.4, the Association shall have the sole authority and obligation to manage and administer the Common Areas and to enforce this Declaration. Such authority shall include all authority provided for in the Association's Articles, By-Laws, rules and regulations as initially adopted, or is hereinafter amended, and all the authority granted to the Association by this Declaration, either directly or by necessary implication. 5.4 AUTHORITY OF THE BOARD. The Board, for the benefit of The Park and the Owners, shall enforce the provisions of this Declaration, shall manage and operate the Common Areas and Improvements thereon and shall acquire and shall pay for out of the Common Area Expense Fund, all goods and services requisite for the proper functioning of The Park and the Common Areas, and any other facet of The Park and shall have all the rights, powers and authorities more particularly stated in the Articles and By-Laws. The Board shall have the power to adopt and enforce from time to time rules and regulations governing the use of The Park, Common Areas, Streetscape Area, and Transportation Management Systems by Owners and their guests. Any such rules and regulations shall become effective thirty (30) days after promulgation or amendment and shall be mailed to all Owners within thirty 7 8 (30) days after promulgation or amendment. A copy of the rules and regulations then in force shall be retained by the Secretary of the Association. 5.5 PROPERTY RIGHTS IN COMMON AREAS AND STREETSCAPE AREA. Every Owner, its employees, tenants, business invitees and licensees shall have a right and easement of enjoyment in and to and an easement for ingress and egress over and upon the Streetscape Area and Common Areas owned by the Association for the common use of all Owners which right shall be appurtenant to and shall pass with the title to every Lot subject to the following restrictions: a. The rights reserved to the Declarant in this Declaration. b. The other restrictions, limitations and reservations contained or provided for in the Declaration and the Articles and By-Laws of the Association, and C. Any restrictions of use imposed by the City of Bothell in'approval of the Plat. ARTICLE VI MAINTENANCE AND COMMON EXPENSE 6.1 MAINTENANCE OF COMMON AREAS A. The Association shall maintain all Improvements therein and appurtenances thereto, including but not limited to all storm drainage channels, the open space areas and the landscaped street medians within the rights-of-way of the Park including N.E. 195th Street, North Creek parkway and 120th Avenue N.E. B. Tract A and Tract G shall remain in Association ownership and shall be maintained by the Association to standards as, established in the landscaping plan submitted in conformance with PUD Condition 21, City of Bothell Resolution 639, and approved by the City. 6.2 MAINTENANCE OF LOTS, UTILITIES AND STREETSCAPE AREAS. A. The maintenance, upkeep, and repair of individual Lots and the Improvements and utilities thereon shall be the sole responsibly of the Owners thereof. Any action necessary or appropriate to the maintenance and upkeep of such individual Lots, the landscaping, irrigation, sewer and water systems, storm drainage systems, other utility systems, all Improvements including but not limited to building exteriors and roofs, recreation areas, parking areas and walks, gas, telephone or electrical or 9 television facilities, and property taxes shall be the sole responsibility of l? the individual Lot Owners. B. The Owner shall be solely responsible for maintenance of landscaping and the cost of maintenance, repair and operation of the irrigation system and sidewalk/ pedestrian facility within the Owner's Streetscape Area. The Association may contract with a landscape maintenance firm for all the Association's maintenance responsibilities, and any of the owners may similarly contract with such firm for maintenance of their respective Streetscape Areas, but each Owner so contracting shall be responsible for payment of all costs and expenses in connection with maintenance of such Owner's Streetscape Area. The Association may at its sole discretion accept responsibility to pay the monthly water service charge for irrigating the streetscape area in the Park, which cost shall be added to the monthly assessment for Common Expenses and prorated to each Owner on the basis of their front footage of streetscape area. 6.3 MAINTENANCE RESPONSIBILITIES. Each Owner hereby covenants and agrees to maintain its respective Lot and Improvements located thereon in a neat and orderly manner consistent with that of similar first class business parks in the Pacific Northwest and other Lots within the Park. If any Owner should fail to maintain its Lot in such a condition, the Association shall have the right to notify said Owner in writing of the maintenance required. If said maintenance is not performed within thirty (30) days of the date of such notice, the Association shall have the right to enter onto the offending Lot, provide such maintenance and to levy an assessment against the Lot Owner and its Lot for the cost of providing such maintenance. Said assessment shall constitute a lien against the Lot owned by the non-performing Lot Owner and may be collected in the same mariner as any other monthly or special assessment and, if not paid within thirty (30) days after said assessment is levied, the Association shall have all remedies for collection as provided for in this Declaration. 6.4 MAINTENANCE OF STORM DETENTION SYSTEM. The Association's right to maintain is specifically extended to any storm water detention systems located on Lots. All Owners shall maintain in proper working order all roof drains and storm drains located on or in the Lot including but not limited to the individual storm detention system. Should any Owner fail to maintain its detention system in a manner consistent with standards of The Park, the City of Bothell and other agencies having requisite jurisdiction, the Association shall have the right to perform such maintenance and make such assessment in a manner set forth in Section 6.3 above. 6.5 ASSOCIATION EXPENSES. Certain expenses shall be paid by the Association for the benefit of all Owners and shall be referred to as "Common Expenses". The Common Expenses shall be paid by the Association from the Common Expense Fund established by assessments paid by Lot Owners as herein provided. The Common Expense Fund shall include, but shall not be limited to, funds for the following: a. The expense of maintaining the Common Areas, b. The real property and other taxes upon the Common Areas, C. The cost of maintaining all required insurance coverage on the Common Areas, d. The cost of maintaining landscaped street median areas within the dedicated rights-of-way of streets located within the Plat, including N.E. 195th Street, North Creek Parkway and 120th Avenue ME, e. The cost of any repairs to or replacement of improvements within the Common Areas, f. Utility charges attributable to the Common Areas, g. The cost of maintaining entrance improvements including, but not limited to, signs, lights, fences, walls, plantings, landscaping, h. The cost of setting up, implementing and monitoring a traffic system management program for The Park set up to encourage the use of other forms of transportation than the single occupant automobile, and i. Any other expense reasonably related to the health, safety and welfare of the Owners, guests, business invitees, employees and licensees of The Park and which shall be designated as a Common Expense in the Declaration or from time to time by the Association. j. The cost of maintaining common drainage facilities both temporary and permanent. . k. The cost of maintaining the air quality monitoring program as established pursuant to City of Bothell Approval Conditions. 1. The cost of business park security measures as deemed appropriate by the Association. M. As may be required by the City of Bothell, costs associated with retention of a qualified firm to provide ongoing maintenance of drainage detention systems on lots, tracts or Common Areas and posting and maintenance of a bond with the City of Bothell to cover the cost of periodic inspection and maintenance by the City. 10 6.6 IMPROVEMENT OF THE COMMON AREAS. The Declarant hereby agrees that it will construct certain improvements on Tracts A and G of the Common Area in accordance with the requirements of the City of Bothell. Upon completion of those improvements, or at a date at the option of the Declarant, such Tracts shall be dedicated and deeded to the Association, and shall remain as common open space in perpetuity. Permanent public access shall be available. 6.7 FUTURE OFFSITE ROAD IMPROVEMENTS. Each Owner shall be responsible for paying that owner's proportional share of the cost of City of Bothell Project Approval Conditions numbers 16 and 17 pursuant to City Ordinance No. 1100 (File E2-82-126) for the Business Park which relate to proportional cost sharing by the Park with other affected properties in the analyses and construction of certain potential future off-site road improvements. Said improvements, if constructed, may be funded through Local Improvement District (LID) or other means as set forth in the Approval Conditions. Unless otherwise stipulated through the LID process costs shall be apportioned to all property in The Park, whether lying east or west of Interstate 405, on the basis of their square footage in proportion to the total square footage of lands within The Park, excluding Tracts A through G and all publicly dedicated rights-of-way. Said improvements may include the following: 1. Widening of the I-405 overpass and on and off ramps at N.E. 195th Street, 2. Riverside Parkway bypass as identified in the City Transportation Improvement Plan, 3. Widening of Beardslee Boulevard between N.E.. 195th Street and I 10th Avenue N.E. (if extended), 4. Interchange on to I-405 at 240th Street S.E., 5. Widening of 39th Avenue S.E., between the King/Snohomish County line and 240th Street S.E., 6. Widening 240th Street S.E. between 1-405 and 39th Avenue S.E., 7. Extension of 240th Street S.E. between 1-405 and SR 527, 8. Extension of 120th N.E. over SR 522 to 124th Avenue N.E. 11 All costs to be paid by the Owners for such improvements shall be deemed assessments as such term is used herein, and any such unpaid costs shall constitute a 12 lien which may be foreclosed by the Association as provided in Article VII hereof. Following any such foreclosure, such unpaid amount shall be paid over by the Association to the order of the City of Bothell. ARTICLE VII ASSESSMENTS 7.1 MONTHLY ASSESSMENTS. Each Lot shall be subject to monthly assessments or charges and certain special assessments in an amount to be determined by the Association. Monthly assessments shall commence on a date to be determined by the Association. Subsequent assessments shall be due and payable on a schedule established by the Association. 7.2 BOARD DETERMINES THE AMOUNT OF ASSESSMENT. The Board of Directors of the Association shall determine the size of assessment necessary to pay Common Expenses. The amount of assessment may be increased or decreased periodically as may be necessary from time to time to properly provide for payment of the Common Expenses. The share of Common Expenses allocated to each Lot shall be the ratio that the proportionate square footage of the Lot bears to the total square footage of all Lots. 7.3 ASSESSMENT CERTIFICATES. The Association shall, upon written demand, furnish a certificate in writing setting forth whether the assessment on a specified Lot has been paid. A reasonable charge may be made for issuance of such a certificate. 7.4 SPECIAL ASSESSMENTS. In addition to the regular assessments authorized above, the Association, by and through its Board of Directors, may levy in any year a special assessment applicable to that year only for purposes of defraying in whole or in part the cost of the following, including but not limited to: a. Any construction or reconstruction, unexpected repair or replacement of facilities in the Common Areas including the necessary fixtures and personal property related thereto, b. Special studies as may be required by the City of Bothell Project Approval Conditions, City of Bothell Resolution 639, including prepara- tion of a future traffic study as provided in Approval Condition 16 (E) and 17 (B) to assess the Park's contribution to total traffic in the area as may affect cost sharing for future offsite road improvements set forth in Approval Condition 17. 7.5 ADDITIONAL LOTS. At such time as additional Lots are subject to assessment by virtue of having been subjected to this Declaration, the assessments for all Lots subject to the assessment shall be adjusted to reflect actual "Common Expenses". 7.6 CREATION OF LIEN AND PERSONAL OBLIGATION. Each Owner of a Lot within The Park, by acceptance of the deed to or other conveyance of that Lot, shall be deemed to covenant and agree to pay any and all assessments provided for herein. Any assessment or any portion thereof not paid when due, together with any interest and costs and attorney's fees for collection, shall be a continuing lien upon the Lot within The Park which may be foreclosed by the Association in the manner provided by law for the foreclosure of a mortgage on real property. Each Lot Owner shall also be personally obligated to pay the amount of any assessment levied against their Lot during the time that they are the Owner thereof, together with any interest, and costs and attorney's fees for collection of that assessment. This personal obligation shall not be released by any transfer of the Lot subsequent to the effective date of the assessment. ARTICLE VIII ENFORCEMENT 8.1 PROCEDURE. If any assessment is not paid according to the procedures established by the Association, the amount of the assessment shall bear interest at the maximum legal rate and the Association shall file a lien on the Lot subject to the unpaid assessment for the amount of the assessment plus interest. The Association may bring an action at law to enforce payment of delinquent assessments against the Owner of the Lot subject to the unpaid assessment in order to recover the amount of the assessment and the Association may also take whatever measures are provided for by law to foreclose or collect on the lien filed on the Lot subject to the assessment. If a legal action is initiated to enforce or collect any assessment, the prevailing party shall be entitled to recover court costs, actual attorney's fees and other expenses of litigation. 8.2 PAYMENTS IN ARREARS. If any Owner shall be in arrears on the payment of an assessment due or should be in default in the performance of any of the terms of the Declaration, the rules or regulations of the Association or the By- Laws for a period of thirty (30) days, said member's right to vote shall be suspended and shall remain suspended until all payments are brought current and all defaults remedied. In addition, the Association shall have any other remedies against such delinquent Owners as may be provided for by the Articles, By-Laws or Declaration. 8.3 OWNERS AND ASSOCIATION RIGHTS AND REMEDIES. Any Owner of any Lot and the Association shall have all rights and remedies available to it in law and in equity to enforce this Declaration, the Articles and By-Laws against any Owner not in compliance therewith. The prevailing party in any action 13 14 brought to enforce the Covenants contained in this Declaration shall have the right to collect attorneys' fees, court costs, and other expenses of litigation, in addition to any damages which may be awarded. 8.4 ENFORCEABILITY BY CITY OF BOTHELL. The City is a third-party beneficiary to these CC&R's and shall have the right but not the obligation to enforce the provisions of these CC&Rs listed below: Section Section Section 3.1 4.2 6.4 3.2 4.3 6.5 3.3 4.7 6.6 3.4 5.3 6.7 3.6 6.1 7.1 3.7 6.2 7.2 6.3 7.4 8.1 Article X ARTICLE IX UTILITIES There is reserved to the utility district or utility company providing utility service, when such utility district or utility company serves The Park, the exclusive right to connect improvements upon the Lots with the utility service lines, for which service the Owner shall pay the then prevailing price for such connections as charged by such utility district or utility company. ARTICLE X INSURANCE The Association shall have the authority to and shall obtain insurance for the Common Areas against loss or damage by fire or other hazards in an amount sufficient to cover the full replacement in the event of damage or destruction. It shall also obtain a broad form public liability policy covering the Common Areas. All such insurance coverage shall be written in the name of the Association as trustee for the Owners. Cost of the insurance shall be a Common Expense. ARTICLE XI MISCELLANEOUS RULES AND REGULATIONS 11.1 The Association and/or its Board of Directors is hereby authorized and empowered to adopt rules and regulations governing the use of the 15 Common Areas. All Owners shall be given written notice of such rules and regulations. The rules and regulations shall specify continued public access at all times to Tracts A and G; this rule may not be amended. 11.2 WAIVER. The failure to enforce any Covenant contained in this Declaration shall not be deemed a waiver of the right to enforce such a Covenant. 11.3 SEVERABILITY. If any Covenant contained in this Declaration is held invalid, the remainder of the Declaration shall not be affected and shall continue in full force and effect. 11.4 CAPTIONS. The captions in the Declaration are inserted only as a matter of convenience and for reference, and in no way describe, define, or limit the intent of this Declaration. The captions are not to be used in interpreting this Declaration. 11.5 MUNICIPAL ORDINANCES. These Covenants shall in 'no way restrict the effect of any ordinance adopted by a municipal corporation having jurisdiction over any portion of the Property subject to this Declaration. 11.6 INTERPRETATION. Except as to the City of Bothell, the Association shall have the right to determine all questions arising in connection with this Declaration and to construe and interpret the provisions of this Declaration. Its good faith determination, construction, or interpretation of this Declaration shall be final and binding on all parties except the City of Bothell. 11.7 AMENDMENT. This Declaration may be amended only by a written instrument duly recorded with the King County Department of Records and Elections. A proposed amendment must be approved by a simple majority of the total votes and shall not contravene any condition of the PUD or plat approval established by the City of Bothell. Notification 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 Quadrant Business Park - Bothell, 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 Commission as provided for in Sections 17.26.230, BMC. IN WITNESS WHEREOF, the undersigned Declarant has executed this Declaration this day of 1982. THE QUADRANT CORPORATION STATE OF WASHINGTON) COUNTY OF KING By its ss. On this day before me the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared to me known to be of The Quadrant Corporation, the corporation described in and which executed the within and foregoing instrument, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute said instrument in the name of and on behalf of such corporation. Given under my hand and official seal hereto affixed this day of Notary in and for the State of Washington residing at 16