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Condo Declaration
APTEP,-,-RECORDING, RETURN TO hugh Lewis, Attorney at Law, P C 114 W Magnolia Street, Suite 414 Be ilhg.; WA 98225 uo)-iqi- 20030415000674 TRANSNATION TI DCON 77 00 PACE 001 OF 059 04/15/M3 10 42 KING COUNTY, WA M CONDOMINIUM' DECLARATION CONTAINING C-'*Ul:V"E:: T§", NPITIONS T S..... ::,RESTRICTIONS D S.E AJ0. FO INI AUBURN AIR -PORT HANGAR CONDOM 1: .Y ............ lllhE QF _DUCUMJ,-4NT '.."..,CONDOMMUMDECLARATION FOR AUBURN AIRPORT HANGAR CONDOMINIUM GRANTOR AVIATION PROPERTIES, INC, GRANTEE T _)m (?WNERS ASSOCIATION OF AUBURN AW 0-kT4fkNGAR CONDOMINIUM ABBREV. LEGAL DESCRIPTIO14:::•::,._. PTN .22.!2.7 ADD`' ST, MARDEL ADD. FULL LEGAL APPEARS AT 46 (EXHIBl7'.�,',6,',..) TAX PARCEL NO 51412, Q:'ov RM FOR RECORD AT THE REQUEST TRAUSNATION TITLE INSURANCE CO. . ............. TABLE Or' CONTENTS ARTICLE �-,-,; •'-S.UBMISSION OF PROPERTY, PURPOSE I ll j. Submission of Property 1 2 �6eferenoe:.tq Survey Map 1 ARTICI;E II,:= pEFNITZONS; 1 ARTICLE III _ 17 SCRIPT ION OF AN DEVELOPMENT RIGHTS AND GRObND''LEASE 4 3 1 Land and Street Address4 32 Buildings 5 33 Development Rights",,. ;, 5 33 1 Description 5 ::,. 3 3 2 Procedure for Exercise -' S Time Carats on DeveIopment'Rights 5 3 3 4 ` Sequence of Exercise of Rights " ^ 5 �:3 5 Declarant`s Liability for Expenses 6 :'''3 4 Ground:•Lease 6 3`4 1 ; ` Description of Ground Lease 6 `•3 4 Z:"' •:drispecfi'on of Ground Lease 6 3 4';" Term and Pxpiration of Ground Lease - Options to Renew 6 . 4.4 Xo Right to Redeem, Reversion 6 3 4:5 .•Riot to Rer ove Improvements 6 3 46 Conserif of Gr4n6d'Less6r RQ'quired 7 3 4 7 ""`!::.,.A '; iat'ion mS`Owneis' Rep for for All Matters Under Ground Lease. 7 348 Ground-teasee,R: penor;toC6ndonfthirmRegine 7 ARTICLE IV — UNITS 7 41 Number and Location 7 4 1 1 Initial Units 7 412 Units Created by Phased Development 8 4 1 3 Assurances Connected with Phased D6vv lopncrent„ 8 42 Unit Boundaries 8 4 2 1 Upper and Lower (horizontal) Boundaries 3':• 8 422 Vertical (perirnetrrc) Boundaries ;''' ' 43 Monuments as Boundaries 4,4 Additional Items Included in Units 4 S`,: Items Excluded from a Unit 4. 6 Maintenance of Units 4 7 ` Alteratioms of Units 48 ; ' Cdinbmmg Units and of Unit Boundaries 4.`9 .Subdivision of Uitri's ` ARTICL�'V —:: COMMON PLEMENTS.r 5 1 Common l ieru'ents 52 Partition, Con'veyiiice, ox'Encuml3'rarice 53 Allocated 1- iteresis 53 1 Imtzal`Allocation 5 3 2 Reallocation-.' 54 Maintenance, Repair and Replacement 5 5 :, Right of Access 5 6•'" Paxk?ng Spaces y,• S .. ARTICLE VI •� LIMITED COMMON ELEMENTS 6 1 ,: Limited Common Elements 6 2 .Maintenance ARTICLE VII —UNIT OWNERS ASSOCIATION 7:.,] „„•,,.' 'Name axid Form of'Assoc%tton 72 Powvers�`.of A:ssoczatuin 73 Meiabership 74 Voting::.., 7 4 1 Voting �ighfs 742 Allocatedliiteres�:'' 75 Bylaws of Association ARTICLE VIII -•• MANAGEMENT OF CONDOMiI xUM;t1.SSOCIATION 10 10 11 11 11 11 11 12 12 12 12 12 12 12 13 13 13 13 13 13 13 13 14 8 1 Management by Declarant 14 82 Professional Management 14 8.3 Authority of the Board ' ,..14 8 3 1 General Authorty "' 14 8 3 2 Common Expenses 14 (li) 8 3 3 Liens or Encumbrances 834 Acquisition of Property 8 3 5 Business Authority of the Board of Directors Right of Entry 8 5 Board as Attorney in Fact 8 6 luriitations do Power of Board ARTICLE 1X'—`PERMITTED f7$8S, AR( Pe4mtt�.d Uses ,• 9 1 1 Ge`iexal A• •9'''1:�,,•.: •~�tesidentia UNIFORMITY Only 9 1 3 Aaf6nnas., Electr'omagnehd'Radfation, Light Pollution 9 1 4 Use•af;Taxiwa' Df"ivew"ays A'nd..W&a iys 9 1 5 Vehicle Parking 9 16 Interference with CQh mWi Elements 14 14 15 15 15 15 15 16 16 16 16 16 16 16 917 Effect on Insurance"..:.,:' 17 ,1 8 Signs 17 913;. Animals 17 1 10' ;, Offensive or Illegal Activity 17 9 J 11 `: Compliance with Environmental Laws 17 9:"i 12 "Hazardous Substances 18 9 1 1 3' Reportable Uses 18 9 1.:14; ' Nohce of•Actions and Reportable Uses, Inspections 18 9,a'1 1'S Difiylo Cleanup 18 9 1 16 : .&cutity Systeiris " 18 9 1.,**. 17 •,Lease Restrictions 19 91.1 Assigrr§nent or:•Sublettmg 19 91 19 "'TitYiesharmg 19 9120 No Fu4ng 19 9121 Aircraft Servicing„Malritena- ice ,: 19 9 2 Architectural Uniformity "' 20 ARTICLE X — COMMON EXPENSES AND ASSESSMENT$:' 20 101 Budget for Common Expenses 20 102 Meeting of Association to Approve Budget 20 103 Reserves for Capital Improvements, Replacements, %v .oz'Repairs,.&:Tiisix>aric edncttliles',;• 20 104 Assessments for Common Expenses 2 F: 104 1 Liability of Units 21 1042 Payable in Installments 21 1 Q:'S: .•..Assessments to Pay Judgment Against Association 21 106 Allocated Interests, Procedure on Reallocation 21 1-'0 6 1......Allocated Interests 21 2 Reallocation 21 l'0 7 ::SpeciaT A.'ssess neon' 21 10 8' Limited Coin ing. Assesfents :, 22 l'n'`9 Accp>iiits, Commingling{'xoFi 22 1010 '':Surplus Fends: 22 1011 Liab lity of it Qwners #or Assaciatioiibbligations 22 1012 Declarant Control Period 23 1013 Owners Personally LiAble f.6r Commcni Fitpenses 23 1014 Liability Following Conv..eyanae of.Unit 23 1015 Statement of Unpaid Assessments- 23 10 16::-::,. Lien for Assessments and Power of Stale °•:, 23 10 1'7 Perfection of Lien 24 10' 18 Priority of Lien 24 ;IO 19 Enforcement of Lien 25 10 26 Limitation of Lien Enforcement 25 10 21 .Rent Subject to Lien for Assessments """ 25 lb 22,,-:' ReWedies CumuWive 25 ARTIC >E,X1},•- 1NSURANCE'DE8TRUCTI0N RESTORATION AND DISTRIBUTION 26 11 1 Aizthorrty, ame:6flT sured, Ground Lessor Named Additional Insured 26 112 Coverage 26 113 Deductible.:" 26 1131. General-'Provisib'iis, 26 1132 Deductible,May Be'"Assessed•Against Owner 26 114 Notice of Insurance Coverage .or Tei'iximatiori:Tliezeof "`'+ 26 115 Individual Policies for Unit Owners and Tenants;: : 27 116 Unavailability, Cancellation or Nonrenewal 27 117 Adjustment and Payment of Loss Proceeds .:: 27 118 Reconstruction .Following Casualty Loss 2$ 119 Assessments if Insurance is Inadequate 28 11 10 Notice to Mortgagees and Ground Lessor 28`:• 11It Miscellaneous 28 (iv) ...'ARTICL4,XII CONDEMNATION IX ATICLE XIII WITH LAW AND COVENANTS .:131: Complian pe by Owners and Occupants 13 *. 2- :`Enforcemen'f'-by Assoqation.;:, ARTICLE XIV:'L LIMITATION& LIABILITY ........... 14A Nd1tability.-for Utility F$ilFailure;Etc,. 142 ability a Officersind Pirectorg;4nde I cation ARTICLE XV MORTGAOEE VROT`IftQN Y 6A DFbIi'-kRA ARTICLE XVI — EASEMENTS AND SPE 4 ' NYPGHTS 161 Easements for Units and'UnIt Owiiersiand-Asso8atiA Fdnetions 162 Easement for Emergency Acc;"e�g"'and:Go,/'brnmentaI 136ctio& 16 !:easements for Declarant 16 3 1 General Reservation .'16 3 2 Specific Rights 16 3 3 Liability for Costs and Restoration 16:.4' gasem6.iits Shown on Survey Map 1.65 .:`Special DeO`a nt Rights ARTICLE XVII A�4END'MENT OF DECLARATION, SURVEY MAP, PLANS -.Declaration 114" Proceddie fbi`Am0:'nd.ni'ent of 172 Re�c-*q atrjfi Requifed 173 Spe6q, 174 Amendment Map and Plin" : eea:0fSurvey 175 Consent of Mortg4gees and1be Gfound Lessor Requjxed 176 Amendments by D`6ftant ARTICLE XVIII — TERMINATION OF CON IJO.M.11. 29 29 29 29 29 29 29 30 30 30 30 31 31 31 31 31 31 32 32 32 32 32 33 33 33 ARTICLE XIX — MISCELLANEOUS 33 191 Notices for All Purposes, Delivery 33 192 Severability -34 193 No Right of First Refusal (v) 5•' 194 I. .ARTICLE XX $XHZ6IT "A•' EXHIBIT "C" Policy of Non-discrimination Effective Date — CERTIFICATE OF COMPLETION SCHEDULE 8 — MANAGMI PN,T OF CONDON 8 3 2 Common Ex•6enses i1NIUM ASSOCI TION SCHEDULE 11— INSURANCE 112 Insurance Policies and Coverage ft:2,1 Master Policy 112 2'- Directors' and Officers' Insurance 1,1 2 3 Fidelity Insurance 1;1 2 4 ; Additional Insurance Required under Ground Lease 112 Z:' General Policy Provisions and Limitations 8 ReC,OnstAiction Foalowing Casualty Loss 11' 8;A butyy:;to Reconstruct 11 .82 : Deci,6n Not To Reconstruct I : $ 3 ' . M.4ner,6f Reconstruction 11 8.4 Paymont:of ara&'Prclbedure Ny -Reconstruction SCHEDULE 12 — CONDEMNATION 121 Condemnation Affecting W,f ole int'.' 122 Condemnation of Part o Unit 12 3 Condemnation of Common Elements , 124 Condemnation of Limited Common Elements 125 Association Necessary Party to Proceedi ig :; 46 126 Complete Taking 47 47 47 12 7 Reconstruction and Repair 128 Notice to Mortgagees 129 Payment of Award 34 35 35 38 40 42 42 42 43 43 43 43 43 43 43 45 45 45 45 45 46 46 46 46 46 1' SCI� D,Ui E 15 —PROTECTION OF MORTGAGEES 15-:,,i, ; •... Percentage of Eligible Mortgagees 15 2 1�jotice of Actions 15 3! C.onserIt and Notice Required 15 3 1 Document Changes,:. '15 3 2 --Actiozjs 15 3 3 :ImpV.ed'Approval by m'o'rfgagee I-SA ;f Develo' meni Rights 155 :;Inspection•'ofBooks. 156 Fi n ial Statemenfs 157 Enforcement 15 8 Attendance at '1'vleetin r` 159 Appointment of Trustee 15 10 Limitations on Mortgagees' Fights' (vn) 47 47 47 48 48 49 50 50 50 50 50 51 51 51 ARTICLE I SUBMISSION OF PROPERTY, PURPOSE 1,,,1 Submission of Property AVIAPgX. PRC ERTIES, IN, ;n the Gr6hnd.:Lo�se described in.Secti( attg0hect; xhtb�;t "A'!•;lias #�een`1ea5ed to . rnterest•in .�aicl land, to'getlier;?'with al belonging;: colectvel referred- to he? Condominium Act ("the Qbndomimthf , creates from sucki:Pro .efty a; ondomin under Development Rightsreserved sreinafterreferred to as the "Declarant," being the Lessee. named I hereof, under which certain land more fully described in the grant subject to various conditions, hereby submits Declarant's provemints, easements, rights and appurtenances thereunto fter as, '"tfie :'roperty", to the provisions of the Washington e,, Clxaptor 64 34 of the Revised Code of Washington), and vhi iz ;m. e expanded or further subdivided and/or improved xia,M which shall be known as "Auburn Airport Hangar Condominium " 1.2 Reference to Survey Map Contemporaneously with the recdidati'on of this Declaration, th Auditor of King County, Washington a certain survey'.ina.. and Co idorr'i and dimensii ns:of the land described in Exhibit "A" and'the•Igeation any thereupon.construo ed or contemplated to be consth1q..ted, together with CondomXnlum. Act, this survey map and Condominium' plans are:Ierd. "Survey.•,Map"- of the "Survey Map and Plans", the Survey M p.:is;'recorc Declarant has recorded with the iititn.p�l.an�., showmg.:the location IXrnensions':;ofthe imp>.ovements t er mfarmation iequired by the after" together referred to as the d at'Kinv Courity R?&ordina No 1.:3 .Purpose This Declaration, together with the Survey Map and Plans referred to &re,4 states covenants, conditions, resW.'ot;ons ,and ,iese�vations intended by the Declarant to effect a common plan for the CondorrilrnutTf8e4oprientofth� Properry'iiutuallybeneficial toall ofthedescribed Units Thecovenants, conditions, restrictions!'. 'rVatibis andplan, including without limitation the statutory hen for Assessments of Sale granted here ,.,are binding upon tl'e.pkr,e Property and upon each such Unit as a parcel of realty, and upon its Owners ancl' their heir, personal repres&ntatiocs, tenants, licensees, successors and assigns, through all successive transfersgf anypart of the Pioperry, irrespecrive of whether specifically referred to in deeds, contracts or security instrgments,:andregair less'of airy s.6bse,.quent forfeitures, foreclosures, or sales of Units under security instruments,-�or'of any forfeitures, 6re6losures, 'or, sales instituted for nonpayment of government tax, levy or assessment of airy ARTICLE 'II DEFINITIONS 2.1, "Airport" means the Auburn Airport, which is owned and`operated by.-Ih dit� of,A.uburn which is the "Ground Lessor" described in Section 3.4 hereof J. 2 2. "Allocated interest" means the undivided interest in the Common Elements, the Common Expefise;liability, and votes in the Association allocated to each Unit by the provisions of Section 5 3, 7 4 2 and--10 6•of this Declaration, pursuant to RCW 64 34.224 . 2.3. "Assessment" means all sums chargeable by the Association against a Unit including, without lirriitagon `(a) Regular and special Assessments for Common Expenses, charges, and fines imposed by the Association; (b) interest'`arid late charges on any delinquent account, and (c) costs of collection, including reasofiable'"attorneys' fees, incurred ssociation in connection with the collection of a delinquent Qwzier's .accounf :> 2 4 "Association" dr 'Unit 6vners' Assp`ciatipn" means the Unit Owners' Association organized under RCW 6434100 25, "gaard''of Directors" means this 6'a' ,;with primary authority to manage the affairs of the Association 26. "Common Elements" means ail poxtioris of a Coridominitiin Esther than the Units The term "General Common Elements" is sori etinies used h'erdin to, degcrib'':Cornmori'Elernentswhich are not or have not yet been allocated as Limited Coin6ntlerMneiits 27 ;' Common Expenses" means expenditures-madeby.:�irflxianeia1141lftiesofthe..:Ass,ociation, together with any° allocations to reserves Such expenditures are described . pth: part .pulard9 ins'Schedule 8 3 2 of E41bit C to'';this Declaration Z 8:<"'ComirtonExpense hability"means the liability`foCornmoril✓xpenses`allticatedtoeachUnit pursuant to )kCW64 34 224, and Section 10 6 of this Declaration 2-•9 "Condommium!.' means real property, portions ofwhich are designated for separate ownership and the remainder cif Which is designated for common ownership solely by th bw"ner,i of those portions Rea1•property is riot a Condominium unless the undivided interests in the Commori'E.Iements are vested in the blii<t Owners; and unless Declaratioo and a Survey Map and Plans have been recorded pursuant to the Condom nYuffi Act;` 2 10 "Candommiu ;ri Instrurrient's" means the Declaration, the Survey Map and Plans, the Bylaws of the Association and,.Iny Rl les and l"Legul'attiins-ado6ted by the Board of Directors, and any amendments to any such documents 2.11 "Conveyance" matins any; transfer•;of the owriersfiip ;af a Unit, including a transfer by deed or by real estate contract, but shalt. uiclucle a transfer solely`;for. seaurity 212 "Declarant" means any entity--,,.person or group ofperspns acting ir,concert who (a) executes the Condominium Declaration, or (b) reserves or succeeds to any Special Declarant Right under the Declaration 2 13 "Declarant control" means the right of the Declarant or�persons:de'signated.,by the Declarant to appoint and remove officers and members of the Board of Directors•or to vetoor, approve a:'projsosed action of the Board or Association pursuant to Sections 8 1 and 16:5 of this i�eclarat>. w:and''•RCV 64 34 308(4) or (5) 2 :,.., s` 2 14 "Declaration" means the document that creates a Condominium by setting forth the .-infbr,mation required by RCW 64 34 216, and any amendments to that document 2-`1.5-•~-••_1!Development Rights" means any right or combination of rights reserved by the Declarant iii''the Decl'aratiort to (a) Add real property or improvements to the Condominium, (b) create Units, Common , llefnent's;'t5r Limited Common Elements within real property included or added to the Condominium, (c) subdivide Units or convort Units into CommonElements, (d) withdraw real property from the Condominium, qk (e)`reallocate Limited Common 51effYents with respect to Units that have not been conveyed by the A)ectaranf De'voiopmerit;rights are personal` to the Declarant and may be exercised, or not exercised, at the sole discietion;of the Declarant:',, In thA8'•'dondoaunium, Development rights are described in Section 3 3 hereof:' 2.16 ';" Dispose'!.tir "disposition" mearis,a v@uafary transfer or conveyance to a purchaser or lessee of any legal or equit bje'intexest 1>,i.'a Unit, but d.6es'•not'''include the transfer or release of a security interest 2.17, "Eligible Mortgagee" .:means tlae holder gf.a mortgage on..,a Unit that has filed with the secretary of the Association'••a' written request that ib-be given copies:'of:riotices of any action by the Association that requires the consent of ihortgagees,; 218 "Foreclosure" means a foOeiture 6i• judicial or'nonludictal foreclosure of a mortgage or a deed in lieu thereof 2 10 "Ground Lease" means the docume4under whioli the'condoiffi�in is permifted;fo exist on airport property, The Ground Lease is more fully descri 'ed'in S.ectign 3 Hereof' `Iie term."Ground Lease" shall include aiiy:and all amendments to such document. 2 20"Identifying number" means a symbol or address that represents the designation of each Unit or, ii}'somo' casei ; a Common Element component, in the Condommiuiri `--*-1;ist o;f` identifymg numbers for all the Units in,xhe CoiZdorriiniiiii in existence as of the effective date of this ori'gx#al peclration, along with other infcii°.ixiation required by the'trondominium Act, is attached as ExhibitB to this l?ecl2ration, where such identifying numb.Ers;are lXsted in column below the words "Unit No " 2 -1 Leasel''old,Condorninium' 1 cans a Condominium in which all or a portion of the real property is subiect,:to :Ioak, the kxpir4tion or termination of which will terminate the Condominium or reduce its size This,Condomlilil m is;.A lei sehpld Condominium See Section 3 3 4 of this Declaration for information regarding° h,�,.&'6uiid Lease wl iefi szgnifaantly affects this Condominium project 222 "Limited Common Element" in�ans,ii portion of the;Common Elements allocated by Article VI of the Declaration or by operAipn of R6W-64 34 204(2).6r (4) fox the exclusive use of one or more but fewer than all of the Units 2 23 "Limited Common Assessmet"means a portion o the Common Expenses of the Association which maybe specially assessed against one or more bu$ fewer than all oft ,-TJmts:pursuant to Section 10 8 of this Declaration, 224 "Mortgage" means a mortgage, deed of trust" or real esiate,bontr'act 3 :r r. 2,25 "Person" means a natural person, corporation, partnership, limited partnership, trust, :govefiimental subdivision or agency, or other legal entity 2 26 ''••.':Purchaser" means any person, other than the Declarant or a dealer, who by means of a d6'p,psition acquires a legal or equitable interest in a Unit other than (a) a leasehold interest, including renewal, options, of less than one year at the time of creation of the Unit, or (b) as security for an obligation 2 27 ;;"Real property" means auk fee, leasehold or other. estate or interest in, over, or under land, incluclmg``struciures,,;fxk.;tures•, and,`other,� mprovements thereon and easements, rights and interests appurtenant .tihereto . which by ougtom, usage, or.law, pass with a conveyance of land although not described in the c+%ntract:of sale of instruMprit of cptivoyance.:` 2 28'-','Special Declarant.JZigi ts" meg4s rtgllts reservea for the oenent or the ijeciarant to ta) Complete improv�eMM6 indicates on •s'iirvey;thgi s;;,ai d plans filed with the Declaration under RCW 64,34 232, (b) exercise any D6velo ..` ent;:'T2igl t under RCW 64 34 236, (c) maintain sales offices, management offices, signs•.,adyertisitig thy' Calidon imum; -and models ..under RCW 64 34 256, (d) use easementsthrough the CommariEleirients;fortl:6purposeofmaktngimpr6er ents within the Condominium or within real property which may'.be added to the; Condornimuin under•. WW 64 34 260, (e) make the Condominium part of a larger Condo inium ;or.:a de;velopimerit u�der..RCW 64 34 280, (0 make the Condominium subject to a master Association dnder R6W 64,34`276; of `&) appoint or remove any officer of the Association or any master Association or any meruxbor of the,Doard ofOirectars, or to veto; or approve a proposed; actidn of the Board or Association -.during arty period `of -6eclatant 'Gontrol;'un�''er RCW 6434308(.4) In ths;,Condomrntum, Special Declait�t, Rzglits •a're dscnbed•,n Sectxorl 165 hereof .:2 29"subsequent Phase(s) Property" means that pbrttgfi of.the Pr6p.�rty in wh.ich.16 Declarant has reserved''Dev°elopment Rights to add additional Units, Common dements and: Limited Common Elements, said pzoperty is legally described in Exhibit A to this Declaration .30 .:� 'Titheshare"shallhavethesamemeaningspecifiedinthetimesliareact,RCW6436O10(11) 231 '.'Unit" means; physical portion of the Condominium designated for separate ownership, the boundaries:of tvhicbi ar des ribe•,d in•Secti'op 4 2 hereof "Separate ownership" includes leasing a Unit in a leasehold Condoiiimzum;tinder alease that'cxpires contemporaneously with any lease, the expiration or termination of which will remove the Dki'it froih ehe,.Condomimum 2 32 "Unit O�`rier" means the Declarant or• `' ny other person who owns a Unit or leases a Unit in a leasehold Condominium under a'`leas� that., expires simultaneously with any lease, the expiration or termination of which will remove the Unit�frorii the Coridai�nitim;..but does notmclude a person who has an interest in a Unit solely as seeurrty, for'an obligation,-- "Unit OWner',! •means the vendee and not the vendor of a Unit under a real estate contract ARTICE JZT 3 1 Land and Street Address 4 :'The land on which the buildings and improvements of this Condominium are located is situated at :-2509;:"E" Street N E , Auburn, King County, Washington, and is more particularly described in Exhibit "A" whzeZ is 'attached hereto and incorporated herein 3 2 Btulding The Co.idominiiim.,Gontams three (3) buildings depicted on the Survey Map and Plans 3•`3 beyelopri!ient RiO, 't� ; .3 3 ;i. Oeso'h4 on Pursuant.tb RdW a1 e.p..'eclarant has reserved one or more Development nt and rriay be„exercised, or not exercised, at the sole discretion of rights which are personal to f}ie Declara the Declarant These include the rights to" cTcAte gd�ditional Units and Common Elements within the Subsequent Phase(s) Property .-. Without limitinj the foregoing, the Declat��dilt reserves the right to expand ithin the scope of development wthe'•Condominiun though phased development, as described below • (a) Phase i shall consist of the`tvi entiy-one (11) LTrirts desct bed in'Exhzbtt B to this Declaration, and (b) Declarant reserves the right to'�create up to.fbrty-seven � 7) Units• m pne or more phases on the SubsequentP.hase(s) Property The Declarantinust:buil'c1,th.IJnits and assoeYated Coininon Elements on the Subsequent.Yhase(4) Property .3,3 2 Procedure for Exercise T6 exercise any Development Right reserved under S;ection'3 3 1 of this Declaration, the Declarant shall pfepan. execute, and record an amendment to the DecW-atwn � nd either a new Survey Map and,...Plans.:fecessary to conform to the requirements of subsections (1), (2), and (3),of R, W 64 34 232, or new certfflcat16ns of. ihd`Survey'Map and Plans previously recorded if the docuii'ienfs otherwise conform to the requirements dtli'ose subsections, in accordance with Section 17 6 of this Declamation The Declarant shall lie, the Untt'Orvtier of ariy Uxatts thereby created The amendment to the Declaration shall assign an identifying,ff0i iber:to each new Untt createdY and, except in the case of subdivision or conversion of Units described in subsecftion'(c)•.df thi 5'section;.shall reallocate the allocated interests among all Units in existence following the amendment, using the same formulas br• factors for allocation specified in Sections 5 3, 7 4 2 and 10 6 hereof. The arrlendaien(shal. d ,,, escr't>� any Common Elements and any Limited Common Elements thereby created and, in the case of Liffiuted Common Ffemeif' s,, designate the Unit to which each is allocated to the extent required by RCW:',64 3.4' 228. N6: additional Phase.,of development shall be deemed to be completed or to constitute a lawful portion pfthfs Condoir. inii4m1. til'the Amendments described above shall have been recorded " 3 3 3 Time Limits on Development Rights' The Declarant shall exercise the D&velolimen,f Rights described,°''in: Sec�tigr 3 3 1 of this Declaration within ten (10) years from the date of recordation of this Declaration .:-.Declarant may commence construction of any improvements relating to such Development Rights at any time prior thereto, under the Easement Rights and Special Declarant Rights reserved in Seetions•:16 3;and:16.5 o f •tli s:�eclar tioi' 3 34 Sequence of Exercise of Rights 5 The Declarant declares, pursuant to RCW 64 34,216(1)(k), thatsubject to the time limitations :�tateoin, Section 3 3 3 hereof, and except as otherwise expressly provided elsewhere in this Declaration, the DevelopihetitRights described in Section 3 3 1 of this Declaration maybe exercised at anytime, at different times. nd i[i any.. order, without further assurances or limitation of any sort 335 Declarant's Liability for Expenses ;4niddition to -the habal'igthat the Declarant as a Unit Owner has under this Declaration, the t0eclarant; alozie:d's liable #'or all expenses connection with real property subject to Development Rights No.. -'other Unit Owner and no,6ther portion of the,Cqndominmm is subject to a claim for payment of those expenses Any mdome; or proceeds froffi 0, dl prop�r�.subject to Development Rights shall inure to the Declarant" ' 3.4 Groitin 1 easeease.41* 3 4 1 Description of Ground Tease : This Condomimum exist' obi land: that is ow,ried�'•by and''leiased from the City of Auburn, hereinafter known as the "Ground Lessor":`sucks' land isl'egally descli'ed on the attached Exhibit A The Declarant thus does not own the land upon-Whigh the buildings aixd ireiprovements of this Condominium are situated The written lease agreement between the'Deelarant and tl�e Gr�und'' essi r;ls known herein as the "Ground Lease " .: This Declaration is subject to aril subord irate �3i all:resp-6ts;to the`terms acid conditions of the Ground Lease,'!:Upon the termination of the Gro'tmd Lease,.€his CondoixlAuni;shall alsp terry mate and, unless otherwiseprovided in the Ground Lease, title to tl 8'bmts::and Common Eleinents.ofthi CoLominium shall reyrert to.A:68;become the property of the Ground Lessor :it sucSessors' nd/or a'ssi its „' 3,42 : Inspection of Ground Lease 'A mdm.oranduffi.,of the Ground Lease was recorded under k'm County Recording No 200206270'02.407 ,:A :true and coniplete copy of the Ground Lease may be inspecte&at the office of the City MaAger, City Qf`kuburn;'25 -West Main, Auburn, WA 98001 3 4:::3 eri and gx't*M� ration cif Ground Lease - Options to Renew The ".-:Term o f ili Ground 'teas6 *'foi: fifty (50) years, terminating on the 70' day of June, 2051 The Unit Owners';MsocXatiod of the Cond6im iium;hgs no option to renew the lease term 344 No Ri&Lit to Redeem Reversion.. -,- Under the Ground Lease, neithef.'.the,:tfnit" Owners"'tor the Association have the right to redeem the reversionary interest of the Ground Lessor. 3 4 5 Right to Remove Improvemenlf Unit Owners have no right to remove any ihiprovement's exdept:ird e fixtures which, along with all other personal property belonging to Owners or to the Association, must be r,6r ved pri'o,• .q the expiration of the Ground Lease, in such a manner as not to damage the reve (. ins pr -.the Property 6 3 4 6. Consent of Ground Lessor Required. Under the Ground Lease and elsewhere in this Declaration, the consent of the Ground Lessor to: eertam activities or conduct of Unit Owners and of the Association is required 3.4 7 Association is Owners' Representative for All Matters Under Ground Lease Under the Ground Lease, b Association shall collect from each Unit Owner a proportionate -;share of the Rent owliig`tp the: Ground Lessor under the Ground Lease, and shall timely pay to the Ground I es'sor all Rent:'owir." under the•�round; as.e.-,T-he Association shall be the representative of all the Unit Owner s.on,:all: nat1&s relating to the Ground Lease' Section 12(b) of the Ground Lease provides that the Ground Lease -half be autotnatcalli(...agslgried toil a :t✓ondommium Association upon the recording of the deed transferring Lessee'.s`inteiest ix the last c6doiriittiu n unit to a Unit owner other than Declarant Upon the assignment of � this' �Leaae to; thCo e ndominiums;:.Association, a novation shall occur such that the Condominium Association.shall 6ecomb abstil' itely and for all purposes substituted for the Declarant under the Ground Lease, and the.Declarant:: hall -have na:furtherliability und&-the Ground Lease If, for any reason, the condominium or the Cgiido iniuin Association is termmated, ,each and every party with an interest in the Condominium Property at.the kime of such teiirinnat#on shall°tejointly and severally liable as Lessee under the Ground Lease. ..3 4.8. Ground Lease is Supe'rior-to 6ndomnnium ReMMIS This Declaration shall at all times be'�sul?jecY'and subbrdinate.�p :the Grbund>'Lease If there is any mconsistency b6tween the terms of this Declaration and -'the tennis of the Ground Lease ;the terms of the Ground Lease;:shaltprevail The acceptance of a deed of 6nveyaijce Qrthe;enterfng nto,occupancy of any Unit shall constitute an agreement that the provisions of the Ground Leese;'dins Declaration, the Articles of lnc6rpoxation,--$yla:k and Rules and Regulations, if any, of the Association, as they ifiay be amended from .time.�to time, are•`accepted and ratified by such Owner or occupant, and.all of suah provisions shall be deemed and taken t6be-covenants running with the land and shall bind any person having at any time any nnterest or estate iXX such Umt, as though such provisions were recited and stipulated..at length in each and every deed or conveyance'or lease:?thereof Failure of an Owner, a tenant, or the Association to comply with the Groiind�Lease, this Dedaration,•'tfie'Articles of Incorporation, Bylaws, Rules and Regulations, or decisions made by the Assoiation under authority granted in those documents shall be grounds for an action to recover sums dui'-. for damages-`and/or'ather relief... :AR 'ICLF. IV.r 4 1 Number and Location 4 1 1 Initial Units The Condominium contains twenty-one (21) Units which`are.depicted°ar'the Survey�:Map and Plans The location of existing Units within the buildings and the dimensions ot:• se UnitsNitre shown. 7 on the;: urvey Map and Plans Exhibit B hereto contains a list of all Units, their identifying numbers, size, :the Allocated Interests appurtenant to each Unit, and other information required by the Condominium Act 4 12 Units Created by Phased Development, The Declarant reserves the right to create a total of forty-seven (47) Units pursuant to Devel¢- met tRIghts.reOrved in Section 3 3 1 of this Declaration Reference should be made to that Section for additigrial iiifptmation Assurarlces Co�rieoted.with Phased Development Upo#i„the leclatant'.s exercise ofi, I7evolopment Right to create additional Units in the Condominium,`•the Units themselves, aiicl all CommonElements supporting such additional Units, shall be well constructed; °ar l,.ter the,oxte .. reas, ably: ppfopriate, shall use materials of quality and appearance comparable to those used in'the earlier phases,if'development, Any buildings containing such additional Units shall be of similar design,so as to preservda reasonably,harmonious,•`appearance relative to the°initial phases of development. 42 Unit Boundaries The boundaries of each Unit are as fvilo�vs. 4 2 I:;. Upper and Lower (horizontal).4?pa lanes. ' I'lae upper and lower boundaries of the Unit sfiall.lie lie foll.6W'ng boundaries extended to an intersection with thy: vertical (perimetrie) boundaries Upper Boundary The horizontal or oblique plafies .bf the bottom surfaces of the metal roofing atertals:: The structural members supporting the metal roof are„Commoz Elements (bj • `` Loner Boundary- The horizontal plane of the top surface' of the undecorated concre�641p,ox slab 4 2''2 Vertical' (ben c} Boundaries The vertieel'bouiidq.'ics of theUnit shall be, -the vertical planes which include (i) the interior surfaces of the metal siding mat'pnaTs,;G,oniprisiilg portions: bf the exterior walls of the building in which the Unit is located, and/or (u) the hack surfa�es.,00f the wahboard,.:paneling or other materials covering the structural members of all interior ' -par botifidin the Uniti, extended to intersections with each other and with the upper and lower boundaries: 43 Monuments as Boundaries The physical boundaries of a Unit constructed m`substantial aceordance'wttl the'original Survey Map and Plans constitute its boundaries rather than any in Wst and;•bounds expressed in the Survey Map or Plans, regardless of settling or lateral movement ofthebuilding orinmvrvariance V} tweerttoundanes•shown on the Survey Map or Plans and those of the building 8 I 4 4 Additional Items Included in Units, Pach Unit contains' (i) any nonstructural interior partition walls located within the boundaries of the U> it,: (ii) 4ny' •insulation other finishing materials, and (lit) any interior flooring materials, mezzanine strudtures, interior doors or windows, and any fixtures, appliances, mechanical, plumbing, electrical or ? coxnnw iication systems and equipment serving only that Unit, commencing at the point of disconnection from the structural belly of:the building or from utility lines, pipes or systems serving any other Unit or the Comfnon Elements :;4 5 :'Items Ex6lud6difrom a• Unit. .A.'Unit.shafl,b'e deimed'•not tc ...I.Adude pap s,; aras, conduits and other public or private utility lines, bearing columri9,,:!I. ti i al ra6fing`meii hers, or btli&:gttructural portions of the building running through a Unit which are util�i'zed' for of serve more lian.or e tTrii't..or the Common Elements, and all other property and fixtures of any kind which gre not removable�witlouti`eopardizing the soundness, safety or usefulness of the remainder of the Condomiiinj • 46 Maintenance of Urii.ts Each Unit Owner shall, at his or }ier:.sble 6pohse, have the right axld-the.,duty to keep the interior of such persot as,Unit and its fixtures, equipment, and appdtenanee's in;good order, condition and'repair and shall do all 1CiaintCYia.nce, repair and replacements ai'any time riecc'ssary to maintai ;the food appe i ance and condition:of such Unit. Each Owner shall also be respbnsible fox the'maariteil nce 'repair W� epfacement of any mdividual `heatmg, ventilating or air-conditioning equipment; wherever,,.located;."installed) for the sole and exelusivd'use: of the Unit, and of any device or equipment lyrtig outside thi boundaries of the Unit but installed fox'the :sole and exclusive use of the Unit, and of any other fixtures,. -.appliances, systems or equipment;- described;in Section 4 4(111) hereof This Section shall n'ot be;?construed as permitting any mtei•ferez oe w3ih or,:, am4i'le'to, the structural integrity of the building or '6*fference: with the use and eitj,oymeiit.of the Cdijzmon Elements or of the other Units or any of them, nor shalt, it be construed to limit the'powers or obl�igafions,,of the Board heretuider. See also Section 8 4 hereof 47 AlWratfnns .df Uriits `` Subject to the provisions of this 17eclaat7.bn'arid other provisions of law, a Unit Owner 47 1 May, wzth t.h written consent of �.i -.;Ground Lessor, make any improvements or alterations to the Owner's Unit that do nofaffect tho struetura)' integxityor mechanical or electrical systems of any other Unit or the Commorii'Elemgdt's,,or le 'sen the supp�rt of any.•portion of the Condominium, 472 May not change the appearance of`the°CoinimonEler . 6ffts:or the exterior appearance of a Unit without permission of the Association,. 4 7 3 May, after acquiring an adjoining?Unitor an.adjoxning pax t gfan adj'eiriing Unit, and following written approval by the Ground Lessor and the B oa.rd of I'7iree'tors `'rembv'e or alter arid! intervening partition or create apertures therein, even if the partition in whol6, or ,in part is -a ... Yf,those acts do not adversely affect the structural integrity or mechanical or,elecineal:system,"s of any ptli,er Units" or the Common Elements, or lessen the support of any portion of the Cond wti i*luin Removal: ofpartitions or`, creation of apertures under this Subsection is not a relocation of boundaries The Board:of Direct'". "'sha11, approve a Unit Owner's request, which request shall include the plans and specifications for the proposed :..removal or alteration, under this Subsection within thirty days, unless the proposed alteration does not comply -Xth the Condominium Act or the Declaration or impairs the structural integrity or mechanical or electo'bal •sxstems in the Condominium The failure of the Board of Directors to act upon a request within siicla" period shall -.be deemed approval thereof 4 8.': Coom_biit'ing,Units and Relocation of Unit Boundaries 48 1 ;-••`Subjebt to :the provisions of any applicable building, zoning or other applicable regulations,•.snd wit,l the consent of any Eligibl.e,,Mortgagees holding mortgages in the affected Units pursua t to, ;Section,'-15.3-';herq-of..,the bouadart:es between adjoining Units may be relocated, or Units maybe combinedi,but:;only.byan at&ndment tca'tfie-bor*mi iiil n Instruments as provided in Article XVII hereof, following application to the AssociatYon:`by the (7,wners atthose Units If the Owners of the adjoining Units have specified a real, locationbetwden their Units of their Allocated Interests, the application must state the proposed reallocations Where two or ririore,;etitix6 Units are combined, the Allocated Interests allocated to the resulting Unit shall equal the sum of the Allocated`Integes $, formerly allocated to each of the Units which were combined Unless tlie'"Board;iif D;irecte rs deterriimes v�rithm chi.* 4ys that the reallocations are unreasonable, the Association shall prepare''an. m.6ndmerit to 'the De'cla>Eation that identifies the Units involved, states the reallocations, is'execute� by.lho e Unit O. �mers, co ita,ins words of conveyance between them, and is recorded in the name of the grantor and the grantee: -,in the Office of the County Auditor `.4 8 2 The Association shall obtain anti"record Survey Mops or Plans complying with the requirements ofRC�V 64 34 232(4) necessary to sh�iw the altereri baiindanes'lietrkeer 'adjoihmg�Units and their dimensions and`identifying numbers 4.83. : The reasonable costs incurred in prepdnng; and re.c6rdina amendments to the Conddmmitim Instruments shall be paid by the Owners of the adjoining Units to.:the:,Assdciation prior to recoz'datioai of such amendments 49 Subd4viaia6 of Uriits 4 9'1. : Subjeecto .cite provisions of any applicable building, zoning or other applicable regulations, and with tlie•conseiit, o' f the.Groti6d Lessor and of any Mortgagee holding a mortgage in the affected Unit, a Unit may be.. ul 'divlded .rxito two or -.more Units Upon application of a Unit Owner to lawfully subdivide a Viuty the Association sfiall; after determining the lawfulness of the application, prepare, execute, and record amendments to the Condomimurii In&6uents subdividing that Unit The amendment to the Declaration must be executed by'tl e",pwner of -the Unit to besubdivided, assign an identifying number to each Unit created, and reallocate,the Allocated Interests formerl* allocated to the subdivided Unit to the new Units in any reasonable.and equitable rifanner preson ed.by is,-6 tier of the subdivided Unit 4 9 2 The reasonable costs iaotrred::in.prepanng and "recording amendments to the Condominium Instruments shall be paid by the 'U-i 2, t Owner to; -the Association prior to recordation The Association shall obtain and record Survey Maps .;4 Pfl ns.:compiying with the recliiitments of RCW 64 34 232(4) necessary to show the boundaries of new Units, and their dimetis' ion's,aiid identifying numbers ARTICLE V 10 1> COMMON ELEMENTS S.t. Common Elements ` Except as otherwise specifically reserved, assigned or limited by the provisions of Article VI hereof, "- tb . Coi imati Elements, of the Condominium, which may also be referred to as "General Common Elements," cdnsiai of 6e following, :5.1 L, ' the l�nd;-18ove,dpscribed, including all open spaces depicted on the Survey Map 5 1' 2 Ther'ropfs, foundations, colutx np, girders, studding, joists, beams, supports, main walls (as oppdsed td-ri,onbpanng intcra ip`partiti.dri'`of Un ts), and all other structural parts of the buildings, to the boundaries..of the•,l nits"as d6scribid abov m 'S-ebtion 4 2 5 13 Installat6s of serv.•i'ces;for common use such as main power lines, exterior lighting, main water or sewer lines,'pipes, conduits, and wii'es,,Werevey they m:Ay"be located, any common trash receptacles, containers or "dumpstors"; and in general any and all app4atlts and installations existing for common use rather than for any of e.•Unit ! 5 14 The taxi -ways, walkways'and':dnveway areas *hiph--provide access to any areas reserved for,,pariG ng, and any guest parking space's,. or othe'r:parkirig a> eas:.t of assigned to Units 5.1 5 `:.. All other parts ofthe property riecdssary or ciinvenient'tt�7ts existence, Maintenance and safety, or 4'6 �-mally in common use 5:1 6 The Declarant reserves the right to create additional Common;Elements containing Units, pursuant tb Development Rights reserved under Section 3 3 hereof 52:" Partition, Conveyance, or Encumbrance, oept'as perm tted by ti is 1)&W-ation, the Ground Lease or the Condominium Act and with the advance written co-nsertt oft" e Gi quiid Lessor,.the Common Elements shall remain undivided and shall not be abandoned by ant or omission,;: -and ,PdJ)nit Ovmer or other person may bring any action for partition or division of the COIYTiY{On Eleriietits, exceptw proyide'd in Section G 4 hereof Any purported conveyance, encumbrance, or other vb'lantary tranisfer of Conirtion Elements, unless made.pursuant to this section, is void A conveyance or encumbrance bf Common Element's pursuant to• this section shall not deprive any Unit of its rights of access and support,' or shall t.•affeet the p><- brity or.;wMidity of preexisting encumbrances. 53 Allocated Interests' " 5 3 1, Initial Allocation Pursuant to RCW 64 34 224(1), the Declarant) as allocated to each Unit in th6C- ondommium an undivided interest in the Common Elements of the Condo `iiiniu n, which s 166w. n as,,the Unit's Allocated Interest in the Common Elements The allocation ofthese undivided intere..sts has beeii••detg'rmined.'generally on the basis of the size of each Unit relative to all other Units in the Coridoiriiniurn ;'Eew Unit's Al18, aiea: Interest in the Common Elements is expressed as a percentage and is stated•with parti�etilarity°on:ihe attached Exhibit B 11 • 5.3.2 Reallocation Upon Declarant's exercise of a Development Right to create additional Units in the Cpndomrr-,.,these initial Allocated Interests shall be reallocated pursuant to Section 3 3 2 hereof YA: Maintenance, Repair and Replacement. The Aoociation is responsible for maintenance, repair, and replacement of the Common Elements, `.incltidtng'theli..mxted,Commpn Elp nents,(*except as may be provided m Section 6 2 hereof 5 S' Ri Whit of Acges's,.. Each Unit Ownef`shall aff&d'•tb the A�soci'a.%Mj and the other Unit Owners, and to their agents or employees, access° tl�xough the O er's ;[)nit anh-ft ;tted Common Elements appurtenant thereto as may be reasonably necessary for the purposes of mazn'tenanc% repair and replacement If damage is inflicted on the Common Elements, or on.,any�Unit,.through Which; access�is,taken, theiUpit Owner responsible for the damage, or the Association if�it is r�'sponsrble, shall be liable to�.the re ar thereof, as provided m Section 8.4 hereof 56 Parking Spaces The'Coridommlum contains a total of zero'(0) motor'veh;ele parkrng;s�acgs No person m$y use any public struts, rights of way, taxi -lanes, driveways or btller properties riot qonta.u�ed`with.ln the CoAdommium for the parkmg.:.of vehicles Use of a31 parking spaces shall bovernsd by the provisiong ofectron 9 14 hereof. ARTICLE VI LIMITED COMMON ELEMENTS Cortmori Eleilierits�;. Limited Common El are'tllose portions: of the Common Elements allocated to and reserved for the exclusive us'&.of one,:or more, but'i'ower thari::all of the Units. They consist of all exterior doors, windows, skylights or o'Nr'- fixtares designed to serve -'a single Unit, but which are located outside the Umt's boundaries If any chute, flue;, duoty-Pere, co. iduif, bearmg'wa 1, bearing column, or any other fixture (including without limitation any.,xndividualheating, ventilating or alr;aonditionmg equipment) lies partially within and partially outside the designated bdund nes:of a of f; any;,p'orti:on thereof serving only that Unit is a Limited Common Element allocated solely t6that Unit, and any porticin thereof serving more than one Unit or any portion of the Common Elements is a,part ofth `Getteral: CorrriTion Elements 62. Maintenance The Owners of the respective Units to which the alc6ve4esoribed.'tima ted Common'Elements are appurtenant shall be responsible for cleaning and caring for such Lliiited``Comrrion I Idmx nts .antl Keeping them 1n sightly condition Except as may be provided below and•m ,gectons 4 `o' .J0 8,:1 iereci,f;'the. Association shall bear the costs of and shall have exclusive control over.paiiltmg;,decorsfing, repairing, 12 ' xeplag1ng, reconstructing and maintaining all Limited Common Elements The Unit Owner, however, will 'be resppnsible for the costs of repairing and replacing the motorized equipment operating the Unit's hangar door ARTICLE VII UNIT OWNERS ASSOCIATION 7.1, NameifidFoi"m.d£.?Assoc}� Tkie nameof the Association slia]l: be the;;�'Unt Owners Association of Auburn Airport Hangar Condoini'iun ." the Association kids; been or"k' il�.� be; incorporated by the Declarant prior to the first conveyance of`o Unit w"the;'Condominium as.a.rioit.•.profit corporation under the laws of the State of Washington Tl e"1riglits and dunes of, the .metisbeis. and of said corporation shall be governed by the provisions of the Condomifi" Act artd of;.tli'is,;T}eclaration The Association shall remain organized as a profit or nonprofit corpomtiog In.;:`case,'of ahy conflict"li`atween Chapta> 24 06 RCW, the Nonprofit Miscellaneous and Mutual Corporatfons Act, did t1�c Condominium Act, teandominium Act shall control 72 Powers of Association The; l�ssociation shall, through its `$oa d of':,Lhrectors, all;:po�Yers available to oon.dominium associations�underfhe Condominium Act, mcluding;the power�to.assi n its'fight-to. future incQrne, including the right to receive common expense assessments), pi6v.Aed`tha'i su c. i assignment:is apt roved by a majority of the voting power otthe membership of the Association, S4 ch dowers are"set forth'w;th particularity in the Bylaws o f'the;Association In particular, and without limitatigh, s>khpowel=s includg the light to collect from aach U.-hit O. vner a fractional share of the Rent owing to the Lessor iin-der the' Ground'•Lease 7•�� :1Vlemher�lii77••:••.. Membersliip''righls are specified in the Bylaws of the Association Voting;' 7 4'`1 Votin '`Rights," The manner of voting shall be as'prescribed•m the Bylaws 7.4.2. Allocated.lnterest; Pursuant to RCW 64 34 224(t ), the Declarant lzas allocated C., each Unit m the Condominium an equal vote in the Association which is known asithe U iit'S• Alloeat0 Interest for voting, or "vote" Each Unit's Allocated Interest for voting is expressed as-;-# percen'taga'bf th6 totat'woting power and is stated with particularity on the attached Exhibit B Upon the a'Developrrieiit,Right to create additional Units in the Condominium, these initial Alloca6d.Werects shall be'realloE'atedpursuant toSection 3 3 2 hereof 7.5. Bylaws of Association ;t>' 13 Bylaws for the administration of the Association and the Property, and for other purposes not mco. mistent with the Condominium Act and this Declaration have been or will be prepared by the Declarant, subJect:to•'the approval of the initial Board of Directors of the Association ARTICLE VIII MANAGE M NT�OF CONDOMINIUM ASSOCIATION 8 1 • "Mat ag_erhent:by'Declararit yl The ID,eclafMT t, pujsuarit to ]L FBI 64 3. ' ' 'has -'reserved the rights to (a) appoint and remove the oard;,bf Directors e l'the'Association, and (b) veto or approve a proposed action Officers and meh?bers of the $ of the Board or the Association, for a period;oftiriie known as the "Declarant Control Period" Limitations on the Declarant Control,.Penod are„s'pec eied,,tn Section S 1 of the Bylaws At the termination of the Declarant Control Period, i1 c-.Declaratitsl�llprovidotheAssoctattonwit)a�a tdocuments and things required under RCW 64.34 312 8.2. Professional Management;' Stat o' rdsforprofessionalmanagementoftheAssoctationare$p,ecr�fiedinSe'' 'tion8 29ftheBylaws • r5,. $;3 Auth6rjty of the Board 8 `.3 1 General Authori!y :The B6ard, for the benefit of the Condominium and the OWt'idx slaiall,..enfa-ioe the provisions of.fhe Condotrimiuin' Insfruments and shall have all powers and authority" granted to"the Board or the A�sociatan,finder,thcCondominitmActandthisDeclarationwhicharenotexpress:ysubjecttotheapproval of Unit Owners 8 52. ,i Co �n� moh Hkpenses. The -'-,Board sh'6111'acquire a4d.shalfpay for, as Common Expenses, all goods and services requisite for the proper 'fittictioging pf the CoAdaininfum, including, but not limited to, the items described in Schedule 8 3 2 appeanng m �xhibat'G, to this'Declaration.';.- 8 3 3 Liens or ncum, branees i The Board may also pay any. amount necessity to.4ikharge'airy'hen or encumbrance levied against the entire Property or any part thereof vkilch j's cl'aimed to or tr Ay, in the opinion of the Board, constitute a lien against the Property or against the bar 6? Elements,m rather than therelyegast the interest therein of particular Owners Where one or more Owners'are re` spozisible for�'theexistence of such lien, they shall be jomtly and severally liable for the cost of discharging it, and a;ny costs and' expenses incurred by the Board by reason of such lien or liens shall constitute Special Asseast�ients against the,Dnxts responsible, to the extent of their responsibility 8 3 4 Acquisition of Property 14 The Board may acquire and hold in the name of the Association, for the benefit of the Owil.ers, tangible and intangible personal property and real property and interests therein, and may dispose of the Barrie by sale or otherwise Such property shall thereafter be held, sold, leased, rented, mortgaged or otli'erwise,, ealt•with for the benefit of the Association as the Board may direct 8.`3 5 Business Authority of the Board of Directors ;�N.othing herein contairi'ed'`shall be construed to give the Board the authority to conduct an :':acti; e busine4s,,ror profit on behalf`f all of the Owners or any of them, absent the vote or agreement of Ovimexs kiolding nor less than 51% of,-,,' t votin�g.power of the Association, following the advice of the Associ6tioWs:s•ttorhey mnd t:x`advisor `; 84 ',-Right of Entry" `} The Board and its,,igents or eziiplo e s,.fnay..:'enter any Unit or Limited Common Elements when necessary in connection wAb anmaiAtenat'ice,•;repaAT or construction for whlah the Board is responsible, or in the event of bond fide emergencies, Exicepfin tbi case of an etxiergenCy, reasonable advance notice shall be given to the Unit Owner and, if ` pli6ble; to gny lawful tenanti:or sutitenAtnt in the Unit, Such entry shall be made with as little inconvenience to4he:Own6rs'as practicable,; and arty damage caused thereby shall be repaired by the Association out of the CoiYimori Expense fund if the entry was -flue to an emergency (unless the emergen�.was caused by the Owner of the;Unir,:pntered, iri whtoh 0ase the',cost shalVbe specially assessed to,tbe 7bint entered) or for the purpose of irzaintenance, or repAirs,1?o,.Commoii: or Lir ited'bommon Elements where the'rcpairs were undertaken by orunder,,tho:direetion:or authov;ty of the?Board Ifthe repairs or maintenance ,were'necessitated by or for the Unit entered qr its Ow0rs, or requested by its: Owners, the costs thereof shall be specially assessed to such Unit The Grounc��;r essor also has rigiits.�if access under the terms.Section 29 bf the Ground Lease :ttorney in Fact board as A Each Ow.nei; by the act',of becoming an Owner of a Unit, shall be dee iie4:b have irrevocably appointed the Board of D6ectors as his or her attorney-m-fact, with full power of substitution, to take such actions�as•wr�e reasoiiabl, necessaly t0perf6rnl the duties of the Association and Board hereunder, including, but not limited to,;;the duties to �hiMntain, rep�r and improve the Property, to handle all matters relating to the Ground Lease,'to deal wit�x'ttie Ulaii upon damage or destruction, to grant licenses and easements, and to secure and distrilkite. conderfm- atio'n awhd,s`andlor ihsurance proceeds 86 Limitations on P'oweHf•Board:' The Board of Directors shall nof"acf'on behalf of the Asso•.q%ati6n.to amend the Declaration in any manner that requires the vote or approval of the Unit Owners pursuant toCW 64 34 264, to terminate the Condominium pursuant to RCW 64 34 268,"or to Qlect nriembers of & Bodi•d ofDirectors or determine the qualifications, powers, and duties, or terms of'6'Mce;nf nieml ers bf the.-Board'.of Directors pursuant to Section 8 2 hereof, but the Board of Directors may" ay f"ill,vacancies in its me"rnb&ship''for,,the-ul expired portion of any term ARTICLE IX PERMITTED USES, ARCHITECTURAL IJNIPORK TY*-:;..,. 15 91 Permitted Uses 9 1 1, General Aviation Aircraft Hangar Use Only. The Units and Common Elements may be used only for purposes of storing and maintaining aircra#hand"relat'ed pqu'ipment, and for such ancillary uses and purposes compatible with general aviation rase as may be permitted under the Ground"Lease which are consistent with applicable laws, ordinances and ;regulationsof'an go Eiiet`hmentalaut�'orityWthlunsdiction, including without limitation those oftheFederal 'Vlatio;lAdiI :*istra' i("FAA,'=) Nou' 6fthe.Cop.dommiumProperty may interfere with landings ortake- offs by:aircrafi'usii* the Airports nor otherwise constitute a hazard to any person or activity in or around the Airport 555 • 9'"1.2,,..•'�2esLdentxa't Use��Prohil3ited:;,,'. No residential uses ofany sort,: Jhcludinpvernight sleeping,, are permitted on the Property, 9.1.3 Antennas Mectiomamnetic Radiation Light Pollutdon No antenna greater than o6e meter in height or`&i m�6r "611 be installed anywhere within the Condominium Property, unless containe&l Intirely vntbin a Unit, or:iinl . 's installed by the; -Association No antenna:;ofany nature or description may be�.used in such a fa4ioh-',:.as to, produce eloctrainagnetic radiation tb" Great interference with any air navigak►onal,aids;or co nm�dnic�tiori's equipment ii use at the i. Airport, pr wbirh otherwise violate FAA rules and regulations,:- Lightin,g'with'iithe CoaidoinmOra Property shall be-.desi� 'k. used and operated in such a fashion as to Create ni interfef'once with•%iior.tial nocturnal activitibs at the Airpori or confusion to nocturnal navigation by'aircraft tn:,the'vieiiiity of tli'e Airport .r' .9 1 4 Use pf Taxiways, Driveways and Walkways Taxiways, drying areas, walkways, corridors and parking areas witl' n tb6 Common Elements shaIl:be used exelus velyfor;normal transit consistent with the intended purposes d"such areas, and shall remain`ixnohstt acted for such usds absent"the express written consent of the Board of Directors 9 11:•,� arking" Motor'�iehicle Barking is permitted only in:those areas that are specifically designated for such purposes. Parking of anytnotk.vehiele at'any%location within the Condominium is further subject to the limitation thatno such moto?,vehicle shall obstruct in.:any fashion, the free passage of aircraft nor the free passage of vehicles and/or pedestrians to:'and•'froni other Un�.its,or to,6,from the Airport Persons may park motor vehicles within Units while such persons are.operat,mg their dircraf outside such Units, but the Units are not otherwise to be used as parking facilities for motof vehicles"- T.Jie Boat=d'inay require removal of any improperly parked, or inoperative or unregisterdd vehicle, and any�'other, equipment or item improperly stored or parked within the Condominium property "If.:ttie sarne;is not removed, the Board may cause removal at the risk and expense of the owner thereof, under such reasonable; proc.edufes as'iiiay be provided by Rules and Regulations adopted by the Association 9 16 Interference with Common Elements. 16 ti: No Unit Owner shall obstruct any of the Common Elements nor shall any Unit Owner place -.or cause or permit anything to be placed on or in any of the Common Elements without the approval of the Board,:"i4othmg shall be damaged, altered, constructed in or removed from the Common Elements except w1:t'h the in'Or written consent of the Board of Directors 9•;4.7 Effect on Insurance ;. Ngthing shall be done 6'fbiaintained in any Unit or in the Common Elements which will increase the xatq''of insurancd;on'.:tll;e Comihon Elements or Units without the prior written consent of the Board No Owner .shall,'perrhit:,hnythiiIg•Ito be•.dpne or maintained in his or. her Unit or in the Common Elements whiq%will result in:thi?,on any Unit or any part of the Common Elements 4. No sign of any bind shall be;:Aipiayed to the public view on or from any Unit or Common Elements without the prioi'� consent of�ihe Bbard•`andj' Ground Lessor, provided that this section shall not apply to Declarant or Deelai6 is agents during the coristructiozr,.and sale of;tJnits in the project 919 Animals The keeping of animals otlieVIthaii md4ical animal`s is:strongly'discouraged,;.and shall be limited by Rules- and Regulations adopted by the Board o Directors T-lie o'xmer of any anima 'permitted on the Property shall ekexcise appropriate control over fhe.animv.al, acid sl�>311 cleanup af. ex spch animal and shall not permit deposits o%fecal matter, urinary residue or foodstuff froiri ox for sucli`atiimal to maixi anywhere on the Commo'n'.Elements Any Unit Owner who brings any 6mal ilpon_any'portzozi of the Property shall be deemed to have indemnified and agreed to hold the Unit Owii rs Assoexatzon, ea'bh T,-Jnit,,bwner and the Declarant free wild harmless from any loss, claim or liability of any kind or character whatever arising by reason of lceepizig or maintaining such animal within the Condominium Th'eBoai'd ixiay at anytime require the`remo�/al of any anim'M which it finds is or has become an unreasonable source,.bf annoyance, and may exgrcise this' authority for specific animals even though other animals are permitfed tv'remain ffehsiye or,Illegal.Activity Na;undulY%noxious, smelly or noisy.activity, nor any illegal activity shall be carried on in any Unit or the Commori.•.Eleme4ts, nor shall ahyth ng.be done therein which is or may become a nuisance or an unreasonable source of'2'rinoyance to other 6) v s or other lawful occupants of the Property 9 111. Compliance witl •'Environiiiental Laws . Use of the Units and Common Elements of •this Coitormiuum is subj cot to various federal, state and local laws, regulations and guidelines now 'in effect and/or hereaftor-eri'aeted, relating to or affecting the Property, concerning the impact on the environment of earistr4;c; tion, land tise, the maintenance and operation of structures and the conduct of business...,N;o Uri it Ownershall'cause, or permit to be caused, any act or practice by negligence, or omission, or othervi%1se,;,that ,'�ould' adversely a&ct•itlie environment or do anything or permit anything to be done that would vzolate•;any c f the; said:laws, regulations'gr guidelines The foregoing shall cover all requirements whether or not foreseeable at tine present tiro&:and;regardless of their expense .,' 17 } 9 1 12 Hazardous Substances A person shall maintain or store on or in the Property only such property and materials which may b7 legally possessed by such person No person shall improperly store or release from a Unit or the G'ommon Elerner4s any hazardous substance, as that term is defined in CERCLA, 42 USC 9601, et seq or the Washlnivon Model Toxics Control Act, which without limitation include petroleum distillates, liquid or aroma ichydroct rbpht ,medical wastes or infectious biological agents, acids, caustics, carcinogens, mutagens ., .or heavy: iiie%ls,-:'nor shall there be,''any improper storage or release of any other inflammable, toxic, `explosive, radioachyd', o'i* other type of Sstance which may be hazardous to either the public health or safety, to the Ptopexty -to theiHealth or safely-;bf:any lawful occupants of the Property or the Airport, any and all''�such siibstaxices also>'being kno i:he'rein as,,' Iardous Substances" 95:113 Rep_oAabla�Use,§:, A Reportable Use shall'inearl(i)ahe it?stallation or use of apy above or below ground storage tank, or (n) the generation, Pos.sessiorY; stoxs ge,:tise„ti ansportatron or disp. sal of a Hazardous Substance that requires a permit from, or with respect to:'which a.report, notice, registraboi or business plan is required to be filed with any governmental auihori,ty keporlab'le Usd shall also anelu& an Owner's being responsible for the presence in, on or about the Property of a'Hazardous Substance w>th respect to which any applicable law, ordinance or regulation requires that a notice be given to persons entering or..occupying the Property or any adjaeeritx.r neighboring property ti 9 1 14.. Notice of Actions and Reuortable'`Uses', Inspectlbns"'" •••.. Any person lawfully occupying any portion of the Property shall Withifi 24;-tours provide written not>,,& to the Association and to the Ground Lessor of any Reportable Uses or o€any.receipt ofnotice of g6vem6ent�l action or third party claims alleging noncompliance oY"'su'speeted noncompliance with environn ental,laws or laws relating to hazardous substances. The Associati4�611 bave,..a right of entry into a6y Unit xnd'its Limited Common Elements at any reasonable time in order to inspect: for compliance with environmental laws;. -,or lays relating to hazardous substances 9 115 Dufv to:Cldanup. —,r— In the event,o'f a spill* or release of any hazardous substances within or from the Property, the person(s) causing :Yi&rWise responsible fbr sueh spill• or release shall promptly undertake thorough cleanup measures and provide notice tiy..,the Association; ,to �ihe Ground Lessor, and to any governmental entity with appropriate jurisdiction, of he'bceurreice of the,:spilt or,xelease, and. of the measures taken for cleanup and rernediation 9 1 16 Security Systems In the event that either the Deolarant or the:Association shall itistall a central. security system within the Condominium, no Owner shall install or maintain any,: alternative security system which shall interfere with the proper operation of such central system, nbr shall any Unit's itidividual•security system be connected in any way with any such central system without the:' cdyance•"writt.oft appr oval of iho Board of Directors No security system of any sort which has the capacity to i-nterfere wrath 2ny sccunty .�y is ift installed by or on behalf of the Ground Lessor for the Airport maybe maintained witbjti.t &,Candonijmum 1$ T Thder,.:Section 28 of the Ground Lease, the Ground Lessor has reserved the nght to require the Association Ito construct facilities providing positive uninterrupted on -site security at all times for the prevention of unauthorized pedestrian and vehicular access to the aircraft operating area ("AOA") by way of the CondommiUM'..) pperty Direct or indirect points of entry of the AOA to accommodate authorized ip-diy duals and authorzed vehicles shall be controlled by the Association in compliance with the FAA and Airport:secanty requirements The Association shall provide adequate lighting to provide for all-night iljumiiiation of the Taxi4a ,a. apron of all buildings in the Condominium, including aprons, aircraft tie -down areas;'veht�ular parkinglots, and pedestriait.:walkways surrounding the Property If at anytime during the term, of the Ground I,easa; additidri�l seegr ty requirements are imposed on the Airport by the FAA or any other agency,.ha'ymg�jurisdictton:•bver Aiaport,.the'Association shall comply with said security requirements 9 1 1.�•: Lea'se Restrictions, Witme exception' of arL,•inst1tUt1`o11alT6nder in possession of a Unit following a default under a first mortgage, a foreclosure pfoceeding 9t any''depd or other arrangement in lieu of foreclosure, no Unit Owner shall be permitted to`i .dse his"or her Utiit for periods'of less thaii,;ihii ty (30) days No Unit Owner may lease less than the entire Unit. All leases.,shall: be!in writing acid eac�:lease agreement shall be required and deemed to provide that the terms• of suoh lease•shall.lie'sub9ect ins'-alf;•i spects to the provisions of the Ground Lease and the Condominium instrumerit'and:that ariy:p 1i ie b the tenant to comply with such provisions shall be a default under the lease; ,9. ititfing the Association to en oree.such provisions as a real party in interesi :.,.A lease, as defined herein, shall ihclua`e"i` onth-to'-mgr th ientals Atiy tenant'or°subtenant of a Unit shall be 'deemed to have assumed all the,responsibij�ties .,of an (7wiiei ,xiider Arficle''9 of this Declaration. ;,.......: 9 '1 18 Assigiiment or Subletting The assignment or subleasing of a Unit shall be subject" t6r'the`sarrie j* itations as are applicable to the leasing. -Or renting thereof An Owner or tenant may not exerript,himn elf or herself from any liability uhd6r the Condominium Instruments or the Ground Lease by assigning or st bledsmg the occupancy righ'fs:to his or her Unit 9 T 19 Tirr eshairing Timesharing; is i3ot perniitiod ii'i this �;ondommium, and no Unit in the Condominium may be conveyed or held pursuant to any timesliaze plan 9120 No Fuefina At no time will aircraft be fiieled'imWe any Vnit. 9 121 Aircraft Servicing. IVfainterianee. No servicing or other work on aircraft may ocdur wfilim:ihe Condominium ekeept (a) within the legal limits allowed by FAA for persons working on"their,;'own airoxaft; aT (b),by licensed, aircraft mechanics who have a valid City of Auburn business registratiorf•and h' aue obtaliied inability ir;�sujaiicc with policy limits equivalent to those required to be maintained by the Association'urider his'Declaration dpsuch lesser policy limits as may be otherwise approved by the Ground Lesson...:- ",. 19 :;'' 9 2. Architectural Uniformity In order to preserve a uniform exterior appearance to the buildings, and the Common Elernents visible,.to the public, the Board shall provide for the painting and other decorative finish of the 1Za,l mgs and other Common Elements, and may prohibit or regulate any modification or decoration of the Common Eitmenis undertaken or proposed by any Owner ARTICLE X ;i_-0MM0N`j3XI' SE, AND ASSESSMENTS 101 Budaet for"Cofhmol Exj onses Within thirty (30) days following tb'e Ar ival`'meeting of the Association, or at such other time as may be deemed necessary or desirable by the Board.•of Pi�r'eators,or the Assdetation's accountant, the Board shall prepare an Annual Budget which shall estimate th'e Common;Expedi S,Aescnbed generally in Section 2 7 of this Declaration, to be paid dui iiigucl <year;' Tie Budget shall mare,r`oviston for payment of all Rent owing to the Lessor under the Ground`iease, ftir creatxrig, fi:iii�1}iig grid ,i iiatntaining reserves required by Section 10 3 hereof, and shall take into account any:expected income,dnd any surplus.,available fr,Qm the prior year's operatmg:£und. The Declarant or the initial:,_Board,•may at:aiiy siiital le time stablish the:first such estimate If deemed.necessary by the Board of Directors, any iuff al l vdget may liG. re)hsed prior;io the end of its budget year, sul feet to the provisions of Section`'-0�2''her.. `10 2 MaetO of Association to Approve Budget Wiihm thirty; -days after adoption of any proposed budget farIhe-.Condomimutn, the Board of Directors,`shall provide a: surritnary of the budget to all the Unit Owners and shall,set;a date for a meeting of th ,Unit owners to,,:tgnsider ratification of the budget not less than. fourteen nor mgre than sixty days after mailing of the sum°m4ry Vfil�.ss at: that meeting the Owners of Units to which a maj @-Ay of the votes in the Association ara allabated ieje.& th6 budget, -the budget is ratified, whether or not a quorum is present In the event the proposedbudget is''re3eted or the required notice is not given, the periodic budget last ratified by the Unit Owners sliall be' continued unto _.such time as the Unit Owners ratify a subsequent budget proposed by the Board of Directors ' 10 3 Reserves for Capital itrovemezits Replaeeiij eaZts Mayor Repairs, & Insurance Deductibles The Board of Directors sli'altestablisl and'maiti'tain:reasonable.reserves for capital improvements, replacements, major repairs and the amourif(s) of any:deductible d6` i insurance policies obtained by the Association pursuant to Article XI hereof, by.provd g for such reserves in'rhe'Annual Budget, segregating such reserves on the books of the Condominiitm,,apid allocating;and paying montWy to such reserves one - twelfth of the total amount budgeted for such reserves for the currentscal year The Board may also establish and maintain reserve funds for operations aiid kr sv-61i oilier purp,oses,:w.iliay appear advisable The portion of the Units' Assessments paid into such reser•.Ves shall.be concl,is.Oely deemed. to be non- refundable contributions to the capital of the Association by tjie [7nit;wnrs Sucki'reseives'inay be expended only for the purposes for which they were established unless the,Umt•Ot�rtie> s at a du1-p'onsttuted meeting of the Association held under the provisions of the Bylaws, niay,otherwis� decide,,` 20 10 4. Assessments for Common Expenses ' 10 4 1 Liability of Units The total amount of the estimated funds required to pay the Common Expenses of the 'CQ1i dovairi i m set' forth in the Annual Budget adopted by the Board of Directors for the fiscal year shall be assessi� ag�iinst.ihe..Units'n..proportionto,theirrespectiveAllocatedInterestsforCommonExpenseliability described azi Section 10 6 hereof, exqe'pt as'provided in Section 10 8 below '10 4.2 Payabloin Installments: ^ . Unless' othl w>s'e deteinxYied by-'the.;$oaid of Directors, with the written approval of all Eligible Mortgagees, the annual Asessment against`each Unit for its proportionate share of the Common Expenses shall be'payable 11h:* 12t`equal;`montly;'installments, and each installment shall be payable in advance on the first day of.ihe month 105 Assessments to Pay,4udgrnenf Against` Association. ' Assessments to payaludgmehfgainstthe Assodc at166pursu�ntt4•RCW 64 34 3 68(l) maybe made only against the Units in the Condommiuin.,4f the time the jud'gment Was entered in proportion to their Allocated Into'rrsts for Common Expense Liability at thetime the)udznetlt was entered 10' 6 Allocated Interests, Procedure on Rea1'lo.cat on:-, 10, 6 1 Allocated Interests Pursuantto RCW 64 34 224(1), the Declarant has allocatied•to ea.ch;bAit in t.he Condominium a h6ilit 'for payment oith6e *C moron Expenses of the Association which is known,as the Unit's Allocated Interest foi:Cammofi Expense Liability The allocation of this liability, among the Whits lags been determined generally on the (�asr`s of t1ie size of each Unit relative to all other Units in the Condomimum Each Unit's Allocated Interest for CommpnExpense'Liability is expressed as a percentage and is stated with particularity on the attached Exhibit B. " A Unit's liability, for Common Expense Assessments under such Allocated Interests maybe su�ject°to'adjilst_Merit under the provisions of Section 10 4 1 hereof Upon the Declarant's exercise of a Develgpment Rfgiit to ereat� adc itidrial, Units in the Condominium, these initial Allocated Interests shall be reallocated pt i suafit to Sectron.3 3 2 and•.10 6 2 hereof 10 6 2 Realloo6tion Subject to the provisions of Sections 1..,0 6S aild 15 4'f ereof, if Common Expense liabilities are reallocated, Common Expense Assessments or any installin.eribthereof •iot-�y�t due under the prevailing budget shall be recalculated by the Board in acgoi.aanee'wxth the reallocated Coiiimon Expense liabilities, and each Unit shall thereafter be liable for the rev'ised:Assessriients.•.due. i n such recalculation 10 7 Special Assessments The Board of Directors may levy a Special Assessment foHhe purpose of defraying tlie,cost,bf any unexpected repair or other nonrecurring contingency, or to meet anyrother deficienc'8�;.19"operat1 '0ns of reserves occurring from time to time The Board of Directors shall give riptide to tliO.5 4it Owners of any 21 ;; such Special Assessment by a statement in writing giving the amount and reasons therefor, along with a date ;for a:Special Meeting of the Association to be held not less than 14 days following such notice, for approval r' of the Special Assessment Subject to the provisions of Section 10 2 hereof, such Special Assessments shall become dq; .,aad payable, unless otherwise specified in the notice, with the next monthly Assessment p orient Which is due more than thirty days after the delivery or mailing of such notice All Unit Owners s�'hali be:robligatetl to pay the adjusted monthly amount or, if the Special Assessment is not payable in inAalluients:; the:°'fult.arnount of such Special Assessment, in proportion to their Allocated Interests for Coniffion F,�cperise liability 10 8., :Limited Gomrrion` Asseasii ents 108 1.=' I� one` or mo&'Units or;<the' ibmmon Elements are not separately metered, the ornrri .Expense,, and th 'board may either allocate, by reasonable formula, utility service shall be paid as a a portion of such`cxpease to each such Uhit involwO',; 84 Limited Common Expense, or reimburse any Unit Owner who pays, in whole of in part for .i tilitieg serving the Common Elements, as appropriate Further, the Association may, by resolution supported b� gr * rAhan 50% of the votes, in the Association, require that any Common Expense or portion thereof b&f &g fewe thari'a11 of the T7n t shall be assessed exclusively against the Units benefitted, such assesstiient`shall also constitute a Lin-Ited Common Expense. 1082 To the extent that any Comrno X..,.xpense,,''�is caused by the negligence or misconduct of any Unit Owner, the Associatroli may, subject to the provi�ion5 of Section 7 10 0f the Bylaws, levy a Limite!aVommon Assessment for that expense against th6'Owner!s: Unit Ii ?.-additiov' hd without limitation, +the liability of a Unit Owner to pay airy, costs,,,f'ee', charges, itisiiratice `Iedutibles or fines imposed or ineurrea-.'-.by the Association, along wit�i'4. costs arid atioirii''ey's•fees deseribe'd in RCW 64 34 364(14) end interest on any delinquent account shall be deemed a Limited Conainoix` Assessment which,.; inless'oth4rwise directed by the Board, shall be due anci:payablewithiii thirty (30) days following their xtnposition. 9. ;"Accounts'"'C '' nmin ling Prohibited Amount `cvllected''hy the Board of Directors as Assessments against 'thQ,;brats for operating expenses or Reserves shall b kept in accounts in the name of the Association and shall not be commingled with funds of any; oth, r Agsociatton, nor 'Vvrth the funds of any Managing Agent or any other person responsible for the:'custod)Vofsualxfunds,.,,Anyieserve funds shall be keptin one or more insured, segregated accounts and any .traiisaction,`affccg6< s ich-Tun&;'.;lncluding the issuance of checks, shall require the signature of at least iwq persons who are o fieers`or Directors of the Association. 10 10 Surplus Funds Unless otherwise provided' ti tlias D.eclaration;'any:surplus Minds o�the Association remaining after payment of or provision for Common Expenses dhd-6y.pxepaym,eljt of reserves shall, in the discretion of the Board of Directors, either be paid to the Uixit Owners in propprtiori to their Allocated Interest for Common Expense Liability or credited to them ta`redttce.their:future Caminon Expense Assessments 10 11. Liabilitv of Unit Owners for AssociatiodQbl'i atQ 10ns:: The liability of any Unit Owner arising out of any contractzriade by the Boaxct`o Dirtctors;'or tort of the Association not fully covered by insurance, or arising out0' f tk e in�e ruii lcat'ion of the B,kard of s" .... 22 Directors, shall be limited to that proportion of the total liability thereunder as the Allocated Interest of his :or her Unit bears to the aggregate Allocated Interests of all Units M,1.2... Declarant Control Period ::Ditxzng the Declarant Control Period, until the Association makes a Common Expense Assessment, pursuant to0CW 64,,34~349(1), the Declarant shall pay all Common Expenses 16 13:�' Owners-Persooiwly, Liable f-brr Common Expenses ' Each Asse6smeht slill.'.be the int 1 d several obligation of the Owner or Owners of the Unit to which tli'e-samc are •assessed' as pf the t164'''tiie Ass s$tt 0 t is due Suit to recover a personal judgment for any delinquent Assessmeiitshall be.,rr a r tamable,m ai y oburt of competent)urisdietion without foreclosing or waiving the lien,seeuring such sums ;l`lo Unif Qwner may exempt himself or herself from liability with respect to the Common Expeses;by waiver oftl e,onjoyment ofthe right to use any of the Common Elements or by leasing, rental or aWidonment.cif his or her Unit or.atherwise The:failure or delay of the Board of Directors to adopt the Annua1-Budget for ,p'ny year &11 riot constitute a Waivsr or release in any manner of a Unit Owner's obligation to pay his`or her all,pcabl'e share of., the Common �.penses as herein provided, and in the absence of an Annual Budget br. adjusted Atin al Budgt, each Uiitt;()wner shall continue to pay (with or without notice) a monthly Assessment at ttie .iate,e`stabltshea for tbb preceding fiscal year until an Assessment is made under a current Annual'Btidg6t or 4djusted Annual hudget'hnd,potice thereof has been sent to the Ut qJ vner "' : ;: :;? T. 1014 LiabilatyFollowin Cg onveyanceofWit- .'` A selling; Unit Owner shall not be liable for the payment of any., part' of th' e Common Expenses assessed against bis or her Unit subsequent to a sale, transfer or other conveyance by hyin of kch Unit The purcliaser.;'of a;Unit,shall be jointly and severally liable with the selliri Owner for all unpaid Assessments a.gains :the:Iriiit"iip.to the time of the conveyance without prejudtce to: he purchaser's right to recover ffom'-the s.oIlk6g Unit O)�ner the amounts paid by the purchaser therefore`,,Except as provided in Section 10 18 2 b6reof, th'e •holder of a mortgage or other purchaser of a Unit wl afobtains the right of possession of the Urirt through foreclosure,shall not be liable for Assessments that became due prior to such right ofpossession. Such uupaidAssessments.shall be deemed to be Common Expenses collectible from all the Unit Owners, iiiclud'in•$ sucli' mortgagee or'other purchaser of the Unit Foreclosure of a mortgage does not relieve the prior'::Owner of pe'rsona`11ia1 ility fWAssessments accruing against the Unit prior to the date of such sale as provid d;4bd�e J. 10 15 Statement of9ri aid' Assessments The Association, upon writtefl request, s11a11 urnish to a TJr it CiWner or a mortgagee a statement signed by an officer or authorized agent oftlle Association'setting.-forth the:;amount of unpaid Assessments against that Unit The statement shall be fti . shda within,-hfteen days after receipt of the request and is binding on the Association, the Board of Directors,,ande•v6'iy T;3nit Qwneir;"tuiless`and to the extent known by the recipient to be false 10 16 Lien for Assessments and Power of Sale 23 .. . 10 16 1 Pursuant to RCW 64,34 364, the Association has alien on a Unit for any unpaid Assessments levied against a Unit from the time the Assessment is due If an Assessment is payable in r' mstallt i 4e , the Association has a lien for the full amount of the Assessment from the time the first install'inent thereof is due .0 16 2 Each and every Unit Owner of any Unit in the Condominium, by virtue of his or her acquisition 1� any"ibeans of title to such Unit, shall take such title subject to the Association's lien for Assessments ,Pursuant to kW 64 34 '64(9), the Declarant as "Grantor" does hereby grant, bargain, sell I ;and;conveytoip� nsnaticrlt Tine Ii}stirance Sao , a corporation, as "Trustee" intrust WITH POWER OF SALE, all; the real property.%'tn the C©ndbmmiufr �'�'des.qribed; in Exhibit A to this Declaration, which property is not usedpriricially for'agncultiarpurposes; tpgetherwtll all tenements, hereditaments, and appurtenances now or hereafter thereuiito elor gang or ip 0„ y mannesapper ining, and the rents, issues and profits thereof, to secure the obligations oPthe.,Unit Owr •ers to 'tlie Xssm"iation, as "Beneficiary", for the payment of any Assessments lawfullylevied tinder this :l)eclar tiori :;Each and every Unit Owner shall be deemed for all purposes, as of the time of his or% -her acquisiti6ir':6f title to any Unit in the Condominium, to have joined as an additional "Grantor" in, -the c•6nveytince:ih trust al bve,desr rtbed, and tg''have at that time bargained, sold and conveyed his or her Unit; `iflong With its uric iv�ded Allocatecl�Xnterest`m the Common Elements and any Limited Common Elements assigt'ed tkieretb, to;``such Trustee, tp secure• all obligations imposed by this Declaration on such Unit Owner to pay' As.sessmeats to.: -.€he Power of Sale provided and granted herein shall be operative in the case of; 4flaulf in the obligafi ifr o pay Assessments, upon default by such Grantor in the payment of any indebtedness,,,Secured.Iiere,4y,,oll surris�••aecured lj'er,eby shall immediately become due and payable at the opti6n of the B•en6fieixiy In, sucli ev6nt andi`up4`n written request of,8enefYciary, Trustee shall sell the trust prdpet'ty,ah aacordanc�.w>tki the.Deed of 1`rust Act of the State of Washipgton, at public auction to the highest bidder. Anypctsota`except Trustee may bicl at Trustee's sale Trusteec`sQl apply the proceeds of the sale as follow8-;.:(1) fo the expense$ ofsafe, including a reasonable Vuste.�'s fee and attorney's fee, (2) to the obligations secured by�ih-i Dec1' ration,,.(3) the surplus, if any, shall, be distributed to the persons entitled thereto „•• 1�0 17.. � Per£ect�on of Lien . Recordzrig of the declaration constitutes record notice and perfection of the lien for Assessments While no further recording dany:-claiiii'oi libn• for Assessments shall be required to perfect the Association's lien, the Association rhay.fecord_a notice of 'claim of lien for Assessments under this section in the real property records of'any county,in,tivhicf rtlie, Coz, dolpinium is located Such recording shall not constitute the written notice of delingi eng 'i n0tgagee•0ferred'*to in Section 10,18 3 hereof i; .. 10 18 Priori of Lien. 10 18 1 A lien under this S'ectigti shall be'prior to,,'.. 'other liens and encumbrances on a Unit except (a) the Ground Lease, (b) liens afid,encuinbi;aiices„recorded•_before the recording of the Declaration, (c) a mortgage on the Unit recbrded,:befor6 the date on which the`Asessmerit sought to be enforced became delinquent, and (d) liens for'i&, `property taxes and other governmental assessments or charges against the Unit 10 18 2 Except as provided in Sections 1016.2,:'10 V8 3 and 1649 2 boreof,-the lien shall also be prior to the mortgages described in subpart (c) of Section lb- :18'J hereof; to the pxteift ofAsses' ments for Common Expenses, excluding any amounts for capital improvementsF:,based'on''the annual :Nudger; adopted by the Association which would have become due during the six months imil pdiat4y2 pt•ece,,dm.g the 24 :;r ` date of a sheriffs sale in an action for judicial foreclosure by either the Association or a mortgagee, the date :of a trustee' sale in a nonjudicial foreclosure by a mortgagee, or the date of recording of the declaration of ' forfeituf6b .m a proceeding by the vendor under a real estate contract 1,0 18 3. The priority of the Association's lien againstUmts encumbered by a mortgage held y an 1✓ltgtlale Mortgagee, or by a first mortgagee which has given the Association a written request for a notiace.6f deiingybnt;Assessrnents, shall be reduced by up to three months if and to the extent its foreclosure includes delin#} epcies which.relate to,a period after such holder becomes an Eligible Mortgagee or has given such'iaotice and (a'efor the Asg'pciat�dn givo'the holder a written notice of the delinquency This Subsection does not:affeEt the pnorn� of iiiiettlaanics4'armaten Xmen's liens, or the priority of liens for other Assessments made by the A580efatio6i F 10 19 `: Enforcement of 10 19 1. Tk e lien arising unifier &s section may be enforced judicially by the Association or its authorized representafive iii the manner set:•fortl in chapter 6112 RCW, or nonjudicially in the manner set forth in chapter dl 24 RC J for norijudi ial foroc�osure"n£ deeds,of irust The Association or its authorized representative shall hate the,power tw; ijrehase,.the V"bit at the foreclosure sale and to acquire, hold, lease, mortgage, or convey the, same Upowan e preys waiver'''in,,the complaint of any right to a deficiency judgment in a judicial foreclosure action, the peno'alof redetliptron shall be eight months The Association spay elect to take a deed in lieu Of foreclosure, in any sttch proeeedirlg..,,,. 10:1:92 Tfthe Association forecloaes;�tsheafiojudirallyputsuattohapter6,I24RCW, theAsWo ation.shall''6t be entitled to the lien prtority`provtd•.ed for under Section 1048 hereof 10 20 Limitation of Lien Enforcement &-lien for unpaid Assessments and the personal liability for paym`dht,thereof;is exfinguished unless prdsoeediz gs t enforce the lieri'are instituted within three years after the amottnt,'bf the Assessments sought to'.be recdwfed bedoxries due SA]ect to L`ien•fot"Assessments From the time of dommepcement of an.acti.on by the Association to foreclose a lien for nonpayment of delinquent Assessments agatnst a Unit'that .is n'ot opcupied by the Owner thereof, the Association shall be entitled to the appo htment of a receiver to collect .from,,.the lessee thereof the rent for the Units as and when due If the rental is not p4id, it _receiver rrray obtain the of the Unit, refurbish it for rental up to a reasonable standard for rental Units izl this type of;aondominiuin, rent the Unit or permit its rental to others, and apply the rents first to'bhe co.,sfof:the recetvership and attorneys' fees thereof, then to the cost of refurbishing the Unit, then to applicable charges ',theg to costs, fee8, and charges of the foreclosure action, and then to the payment of the delinquent Assessments ,•. Oniy ax cetver fii#-take possession and collect rents under this Subsection, and a receiver shall notice appoifited.,less Haan ninety d' ys after the delinquency, The exercise by the Association of the foregoing right's shall not affect fideariority of preexisting liens on the Unit .r' 10 22 Remedies Cumulative 25 ti „"The remedies provided herein are cumulative and the Board may pursue them concurrently, along with any other remedies which may be available under the law although not expressed herein ARTICLE XI INSIEMCE, DESTRUCTION, RESTORATION AND DISTRIBUTION 11, I A, uthon-tv. 14me:of`fisur�. Ground Lessor Named Additional Insured Tho'BOard...'bf Directori.shall. objainpd niaihtam casualty and liability insurance tinder such terms deer4W'fteces�g and for'iuL a*xinoub- �' ` �f Wthe, Board of Directors, but unless not reasonably .0�is shill y�; J available, for riot less thap"the.lerms,`6 ditiori§ and ain6unts required by Section 112 hereof The name o i s ,.s.ta: of the insured under(I polly ball be;,t' ' d as follows: "Unit Owners Association of Auburn Airport Hangar Condornmitihi, fo'� the uk and:beriefit-bf the individual Owners thereof ” The Lessor under the Ground Lease shall be.-riamcd as an add,i6n�i insured under all policigs maintained by the Association 11.2. Coverage See Schedule 112 under Exhibit Gto thisl)6claia tion !e GLna Lease requires certain minimum levels of insurance coverage The provisi'o'n.sof.said i$cheduleare intended 10,be complementary to the coverage re�#ed under the Ground Lease . ........ 1.13. Deddc.tIble 3 V: General Provisions Jnsur, nce coverage maybe subject to a reasonable dehottblp, � Exce'�'t as' -provided herein, ..., .. . the:. amount ofthe deductrbl6",�,hall be paid by the Association as a CommoJ�� xper.ise Funds to cover the alpountdflhe`�d'eduotible shall b6':,included in the Association's reserve accounts The 6ductible should be es tab.hshed at a 16 v6 I thari�;,.. sufficiently high to eliminate minor "nuisance" claiiizs which could cause cancellation off'ihe-.'-'Xss6..'ciatil;on's::mas,ter....policy, but not so high that Unit Owners would have difficulty liabflityiin,&rS ` covering'their potential'ecti.6nl132hereof 1 1'3,2 Deddble Miv to Nkseg's"dd Against Owner. Where damage,is limited mited to a.single Um:'t;t'or where damage is caused by the fault of an Owner or that Owner's tenant on�O fafh-ernbQt, t4o Own"er sh"allbg held responsible and specially assessed for the deductible. or.T 114 Notice of Insurance Coverage .et6natiof Thereof 114.1. The Board of Director"S`sh�all Vroniptly:Tum�*sh tp-the Gr6und Lessor, to each Unit Owner and to each Eligible Mortgagee written notice . b.fthE'Proo'irednt,.subs6que�it cliatigq, or termination of each insurance policy or Fidelity bond obtained on behqJf..(':)'f th.q:'Aslsocia-t'loa.:.'...,,:.-I"..- 26 It 4.2, An insurer that has issued an insurance policy under this Section shall issue nerti f:ates or memoranda of insurance to the Association and to the Ground Lessor, upon written request, to ally ;(?riit, Owner or holder of a mortgage 1 f' 5. jUdividual Policies for Unit Owners and Tenants ;.11 :'Eack�Unit Owner shall obtain and keep m force a commercial general Iiability policy providing; Combined Single'L,imit 13gdily'Jn)ury and Property Damage insurance, insuring the Owner, the Orotnd )::;esspr,,and the''-1sso,ciatiOi against any Iiability arising out of the Owner's use, occupancy or it tend nce�of'ihe Unit and tIie,&.mm6fi`kements,. Until changed by requirements of the Ground Lessor, or by re of the B.,oard;fo'llowing advice of cou' isel, such insurance shall be in an amount not less than One Million Dollars ($1,OOb,Opb 00.). 'e occur -Pon ' ai tl may not contain exclusions from coverage for hazards required to be insiired:agaii sttinder th&Odo�mc "Lease. 1152 The Owner ofany VMit *high is used for any purpose for which special insurance is required by any statute o'r.l•qulatioXi shal'1 obtain aiid l oepp-in force such',special insurance, which in each case shall name the Association as;'an addiu6nabinsthr d, and`�shall provide that the insurance provided thereunder may not be canceled, substafitiall� madifed or-redu6�d wxtFiitiuf. at least 30 days' prior written notice to the Association • ..... . 1153 It is recommended tYi t each Urg,Owner also gbtalii the commercial gt}ivalent of a "Condoms iiuiii!,,Unit Owner's Policy," to msure..against-'1',oss,;.or damajj ,jo••any grade fixturds, tenant improvements, bett&rnents or upgrades to the Un&nQt go4racl by," poi po�Ycy dbiai ied by the Association, or:.to othi r.personal property used in. or incidental to the ebnduct of busj iess within the Unit, including coverage for vandalism or malicious mischief, theft 'lass asiessmefht .coverage,:to hd1p the Owner pay a:.5pecial assessment due to casualty losses which exceed the ai'riount.•of` coy- age under the master policy, any loss arising from the application of Section 113 2 hereof, "aA t1le. like' 11 5•4"No Unit.Owner shall maintain insurance coverage whA �111 tend to decrease the aiY ount which thq:Agsomtion may realize under any insurance policy which it rday,have in force at any particular time;,tlie.$oardof Dire6tors may require that each Unit Owner shall file with the Secretary or the Manager'a•cOpy of eacl mdi,�idual p.o'liey of -insurance purchased by the Unit Owner within 30 days after its purchase 11 S''S „ A„ tenant or sub#eiant,bf atiy Unit or portion thereof shall obtain insurance coverage equivalent to that described above for Owners; ahy such policy shall name the Association and the Ground Lessor as additional insureds 116 Unavailability, C&ellation``or hionrenewdl If the insurance described in Section:•'I 12 hereof is nptrea§onably available, or is modified, canceled or not renewed, the Association promptly shall"cause ndtic of that fact to be hand delivered or sent prepaid by first class United States mail to all Unit Owners,"W'the Ground lessor, to eael 'Lltgible•Mortgagee, and to each mortgagee to whom a certificate or memorandut�,,of -msurance:has,:beed issued, at their respective last known addresses 11.7 Ad)ustment and Payment of Loss Proceeds , 27 `;; All policies shall provide that adjustment of loss shall be made by the Board of Directors, and that ;proceeds payable pursuant to the policies shall be paid directly to the Board of Directors as Insurance Ttu4ee:'to be held in trust for Unit Owners and all lienholders as their interests may appear Proceeds of msuraAce policies received by the Insurance Trustee shall be distributed to or for the benefit of the Unit Q,wrlexs and Mortgagees entitled thereto, after first paying or making provisions for the payment of the ,;expenses -ofthe Irisuranee Trustee, in the following manner. Prd'ceeds are,.to--b,. paid first to repair or restore damage or destruction After .:completely defraying the,5cost•.,of the4epair,or restoration, any surplus proceeds shall be payable jointly to the.,Umt;OwAers andl'Mortgageg, i'f any;'.entitled thereto (b)'.: ' If, :pursuant to--4lie $rovis6nt`6f Section 118 hereof, not all of the damaged or destroyed portions of the Qond6minttitrn'are to Viq' rep.A1re.. or replaced, insurance proceeds shall be payable as provided in tfiat.Section. 118 Reconstruction': 'o]lowine�Casualty T oss See Schedule 118 in Exhibit C t"o thls Detlafation 11 9 Assessments if Insuraiice.is In -to Immediately after a casualty causing damage id,property,,for whick the Boded of Directors has the responstbil.1 of i iaintenance and repair, the Boarcl;shall obtain' •reliable antl:d&Ui. '' stimates ,of the cost to replace:lhe damaged property in as good a condition as-tt*as•before the'casualiy' SuOh casts thay include professidnal fees and premiums for such bonds as the Board desire's or -as mawy.,.be required If;'the proceeds of msurance,,'coupled with any available reserve funds, are not MAffidient,to defray 9'uch estulriated costs, a Special Assessment sh0l be made against all the Units in proportion to;theti -H ity for"Cornmon Expenses provided iri the Declar: ation, in sufficient amounts to provide funds to p�ythe estinYaterl costs. If at any time during re� onstruction and'"repaxr, or upon completion of reconstruction or repair; th'e funds for payment of tl•� costs°thereof are Irisufficient;::,Assessments shall be made against all of the'TJnrxts tn' proportion to their respective Comra,6ntExpeAse,liabilities, in sufficient amounts to provide funds for the'payment of such costs, 1 I''f 0 Nattee' to Moees and Ground Lessor .1• The Board of Directors shall give;writt n nohye to (a) an Eligible Mortgagee of the Unit whenever damage to the Unit cavelr�d'`by. the:tnortgage,8xceed' $1,000, and (b) the Ground Lessor and all Eligible Mortgagees whenever damage;to the Common Elem6nts koi.peds $10,000 II II Miscellaneous The provisions of this Article XI shall coiistitute:'the,--proce„dure by.wbich a determination is made by the Unit Owners to repair, restore, recoristruct,or rebuild'the.Condomiritum following casualty thereto The purpose of this Article XI shall be to provide'a.;fair and,equitable z ieth.od.of alloeating the costs of repair and restoration and making a determination for repair,and restoration if all o : a portion.of the improvements are damaged or destroyed The provisions of this Article XI shall 13e liberally csttiied to accomplish such purpose 28 ,S� ARTICLE XII CONDEMNATION Pibvisio'as dealing with the effect of condemnation proceedings affecting this Condominium appear an SchediiWl2 ir;Exhibit C to this Declaration a.• ' ARTICLE XIII QbMPLIANCE WITH LAW AND COVENANTS 131 Comphane by Ovuners and 04Guparits,;>` Each Owner and occuparit of a:Unit,, ffil.I� copaply strictly with the provisions of the Condominium Actor the Condominium Irstrurtients `All remedies pi ovided the Associatlon,ln this Article maybe enforced against any tenant or other ocd`upant'of 132 Enforcement by Assb tioii The Board of Directors shall have priiiiary'..r nsibllity far maintarhing 6M.pnforcing°cgmpliance with the cov�narits;,ponditionsand restrictions contaxnedinth ,,Co�dord"mnii`alnstmmd.hts Withol tlimiting the authority and powers conferred upon the Board by'tli,e„ominiiim eta ti e B;oardshal.Yhavthe rights and powers described in Section 7 of the Bylaws ARTICLE XIV LIMITATION OF VIABILITY :.14.1 : No. Liabi� for utility h.aih re, Etc Except to theextent covered by insuraiice obtained by the Board pursuant to Article XI, neither the Association nor the'. -.Board nox'tlie DeClarnt s1ia11`be liable for any failure of any utility or other service obtained by the Boaz'd;:.pr%r injurylor dariiage tR'per�on or property caused by the elements, or resulting from electricity, water, rain, dust or sand which' mad lead'or• flow from outside or from any parts of the buildings, or from any of its pip:es,•dMs;•conduits 'appliances, or,. equipment, or from any other place, or for inconvenience or discomfort resulting. from any''actiQn taken t'b cotriplywith any law, ordinance or orders of a governmental authority No diiritriiition or Ain;` ate JYability for Common Expense Assessments shall be claimed or allowed for any such U01ty or'SerVice; failure,, or,for suelt.inlury or damage, or for such inconvenience or discomfort 142 Liability of Officers and Directors, Trideninificatiorl The Directors and Officers shall exercise ordinary and reason abl.:care :in' discli,argixig their responsibilities and shall not be liable to the Association or to the`Uriit O,lvne6 for rnistakf jy ies odgrri•Ent or for negligence not amounting to gross negligence, willful misconduct ar bad faith;-' Tl e-AssbOatiori-'shali::. indemnify and hold harmless each of the Directors and Officers from and•`against al-,00htractual habibt to' 29 others: using out of contracts made by the Board of Directors or Officers on behalf of the Association or the rat:<Owners unless such contract was made in bad faith or contrary to the provisions of the Condominium Instruiri6hts The Directors and Officers shall not be personally liable for contracts made by them on behalf o Ah kss&,aation The Association shall indemnify any person who was or is a party or is threatened to be ii"'aele a party to any threatened, pending or completed action, suit or proceeding by reason of the fact that `(s)le is;'or Was a Director or Officer of the Association, against amounts paid in settlement incurred by him in` eorinectibn ;with•-�such`aetion, suit or proceeding if (s)he acted in good faith and in a manner (s)he reasgnably believed to be in; ox not ,appo'kj to, the best interests of the Condominium or the Association, •.to 6e fullest" ektent,,'tii,onz�d 1by`RCW,;d3B 08 510, 520, 530, and 570, and any amendments thereto, whether` ox ztot:the �sso,0ation;is incoi j o` atgd tmde.I RCW 23B :f 143 No'B.Ailmciit, "` X Neither tfie`Board of Directors,.•:the A.06.0afion, any Owner nor the Declarant shall be considered a bailee of any personal picgperty stored or placed on.,the Common Elements (including property located in vehicles parked on the Coin-mon Elements, vyhether or4i6l'b'xclusive possession of the particular area is given to an Owner for parking or otherwise, rior Aall'they be responsible for the security of such personal property or for any loss or damage theretohethe ,;wr'oruot due to:neglLgeiice, except to the extent covered by insurance in excess of any applicable deductible ARTTGLE XV+'. MORTGAGEE I'ROTE&16' ' Moa tgagees (l:riders) in this Condominium project and the Ground 6ssor havevari6us rights which are set forth with part 6ulanty in Schedule 15 in Exhibit C to this Declatati6p ARTICLE XVI EA-SEMENTS AND�SEECIAL DECLARANT RIGHTS 161 Easements fof• nits:and Unit'Owners: and Association Functions Each Unit has an easement nand through each ofher Unit and the Common and Limited Common Elements for support, and each Trott Ownephas'a perpetual right o�'ingress to and egress from his or her Unit over the Common Elements The re:is:her'eby`reserved :to the Association,, or its duly authorized agents and representatives, such easements as are nece�.sary ftperform the duties and bbligations of the Association as are set forth in the Condominium Instrumerits Se .Sectton.S 4bereOf for iariher details 162 Easement for Emergency Access and.Goyernmental Functions A nonexclusive perpetual easement is hereby grasited tin, elver,; undex;:`and across the common Elements to all police, fire, ambulance and other rescue personnel' far.:'the.:lavvful..perormanee Of;their functions during bona fide emergencies, and to representatives from the Groltnd Y ess,or and the E;'deral. Aviation Administration to the extent required under the Ground Lease obotheiwis�,neces'sairy to dzs,charge ;:. their official functions ° 30 ,I ` 16 3 Easements for Declarant The Declarant reserves an easement through the Common Elements as may be reasonably necessary for' th6 pgoe of discharging the Declarant's obligations or for exercising Special Declarant Rights itb litniting. the generality of the foregoing, such easements include the following ,16 3,.-1-Operal Reservation Declarant reserves ,5r on -exclusive easements for ingress, egress and utilities over and across 11.,Comiiiori: lemerits within Phase 1 and`aero. 5. all Common Elements included within any subsequently completed Fha'se of`the::Con. oi6iuiri"'t; 16 3 2 94e' ClAc Ri'11 i*`K .' The "easements reserved un&rAhss S6 tion shall entitle the Declarant, for the development of each successive phase of the Gondortiiniui ri, to'tie into water, sewer, storm.sewer, electrical, gas, telephone or other utility conduits, Ime's;•liipes, culverts at other facilities'af anynatut re Qr description whatsoever, and to travel over and connect with roadways;' driyeways,;walkways,opm arias pr utility systems developed and employed in any completed phases o#'A ie .CondonainiuYA' The becla�ani also reserves the right to grant casements to public utility companies and;to convey to such"com` pames'�utility Imes, pipes, wires, ducts, conduits and/or other facilities in furtheraric'erof s�ch t"rants 163 3 Liability for Costs and Re6ration.,l'J Declarant shall bear the cost of tie-ins to such"outilitles;andxoads ands Ifnot`connect with such utilities: in & malper that impairs or significantly reduces -the .cif the; utAity:service to any completed phase of the.'.Condomimurn, provided, that if said tie-ms cause an increase in the o6st of delivering affected utility ;servie'es to any completed phase of the Condomimuiri;'that cost:shall, '6 borne by the Declarant Deelarant'shall properly clean up and restore any Common Ele'me'hts..,soiled or' damaged through exercise af.a4 Of,tha''easement rights reserved herein 'O 4 ,. ''Easements Shown on -Survey Map Easement5:;sho�vn`6n tb< Survey -Map filed, concurrently with this Declaration are hereby declared and established Any easement shown 6n the Suivoy Map which benefits one or more Units in the Condominium, or which benefit's any real pi oety not included within the Condominium, confers various rights and benefits upon the otvnerQ);,of such..reah-prop."e*t - and may also impose obligations upon the Association. Reference should b.e made 6,the Survey l Iap aiid,.ifrelevant, to Schedule 8 3 2 in Exhibit C to this Declaration 165 Special Declarant Rights ,. Pursuant to RCW 64 34 020(29), the Declar'.ant'has'reseived xhe fo'll'awmg.special Declarant Rights for the purpose of furthering and completing the d'evel.'opment of` the Co dozliiz� in I� ,complete any improvements indicated on the Survey Map and Plaris•;.filed; with' the`* Declaration, to �`oxercise any Development Right under Section 3 3 hereof, to maintain sales off"ides,;hanagerAbri toffiees;:sigris advevtismg the Condominium, and models on the Condominium Property, to. usq eas, rnients,;;thxo'iagh the` Corhmop Elements for the purpose of making improvements within the Condominium; acid to appoint or,remove any;" ............ . 31 ::r j: officer;:of the Association or any member of the Board of Directors, or to veto or approve a proposed action :bf th'Board or Association during the Declarant Control Period described in Section S 1 of the Bylaws A failtr're.by the Declarant to veto or approve any such proposed action within thirty (30) days after receipt of writteii notice of the proposed action shall be deemed to constitute approval thereofby the Declarant Except With respect to the right to exercise Development Rights, which is governed by Section 3 3 3 hereof, or as diriited n,ectioi S 1 of the Bylaws, Special Declarant Rights shall terminate upon the sale of the last Unit in:the Condbminium,..or,:%yen (7) years from the date of conveyance of a Unit to a purchaser other than the leclarant,• WhAgv`er is eafiier . .ARTICLE XVII A 4FNDMFNT�&DECL''A1 ty1`IION. SURVEY MAP, PLANS 17.1. Procedure for Amendment of Pa6lar'ation Amendments to the D claration s}i�a11 b'e ma&,by ari iristrument invt itmg entitled "Amendment to Declaration" which sets forth the entire ameridment,:� Except as otherwise specifically provided for in this Declaration, any proposed amendrilenti iiiust'be approved.by a:majtirity'q f the Board prior to its adoption by the Owners Except in cases of am that may b'e ado'pte. ,"byilie,beclarant unilaterally pursuant to Section 17,6 hereof, by the Association under affection b 4 hereof o> ind r statutory authority in the case of Y. condemnatwfior a termination of the eondomimur 4, or by,eertain Vh.' It Owners under''Sections.4 8 ,4 9 or 6 3 hereof, admerit's. may be adopted only at a meefmg of the OOer$' if mel at least"st ty-'seven;;. ier ent (670 o) of the votes in the Asspciation are cast for such amen&ent, 'or •without any'Meeting if all O Tiers have been duly nogfCied a�-d:Owriers holding at least sixty-seven percent (.670/p) ofihe votes, in the' Association consent in writing to;�suel amendment. In all cases, the amendment iAl n a.�opted skia11 bear;'•the dcknowledged signature of'tlie President of the Association, who shall certify that the ametidineat' was properly adopted 1• 2 :"Recordatiori'•Reguired Every amenctmentto :the Declaration must be recorded with the County Auditor and is effective only upon tecordingrrAn arne,4m6nt shall b•e.wdexed in the name of the Condominium and shall contain a cross- reference'by"recording number to the Declaration and each previously recorded amendment thereto 173 Spepial Restrrtions Except to the extent expressly permitted' or r6quir.W-..by other provisions of this Declaration, or of the Condomnium Act, no amendmei tiiiay, create or-�increase Special Declarant Rights, increase the number of Units, change the boundaries' f any Unit, the Allocated Interests •of a Unit, or the uses to which any Unit is restricted, in the absence of the vote•ot''agreemgiit of the C'wner of ed6k. ynit particularly affected and his or her Mortgagee and the Owners of Umt� to which at:-leaSt nitlpty pei�ent..(90%) of the votes in the Association are allocated other than the Declarant, arxd thatpercentage pf Eligible M" ,prtgagees and/or° Eligible Insurers specified in Article XV hereof. No amen'dmezit may restrict, ellinmate, :or otherwise modify any Special Declarant Right provided in the Declaration`4 -xffio .t the•consent of the DeGlamnt'and• any mortgagee of record with a security interest in the Special Declar�nt•Right;or itianyreai' pi'operry si b3ect thereto, excluding mortgagees of Units owned by persons other thari'the Declarant 174 Amendment of Survey Map and Plans 32 :t' The Survey Map and Plans maybe amended by revised versions referred to and described as to effect An an:amendment to the Declaration adopted as required above Copies of any such proposed amendment to the Survey Map and Plans shall be made available for examination by every Owner Such amendment to tho'Survey1Vlap and Plans shall also be effective, once properly adopted, upon recordation in the appropriate ctun,'ty offices, along with the amendment to the Declaration which accompanies it 17 5 Consent -of Mortgagees and the Ground Lessor Required `];he cvxlsent Qft-he Grgugd,yessor �'nd specified percentages of Eligible Mortgagees and/or Eligible Iiisurers;`may be requira'd, piirsuant to''7"rticl.e.•,XV of this Declaration, prior to recordation of certain amendments to the:'tondominium Instruments In car 1 Fyang that an amendment has been properly adopted, as requiredl by •Sectipn:,l 7 l-i'=8'f, the Bresident, sliall,be geemed to have certified that any consents required by Article XV'.have been,.obtaihed:or'Waived ptu`suant tb law Under Schedule 15 3 1 of Exhibit C to the Declaration, not'iae;,zxius't be, provided ta' the G„round._ lessor and consent of the Ground Lessor must be obtained prior to recording,,any ainendiiient,bf'aliq material provision of the Condominium Instruments 176 Amendmenis-'by Declarant r The Declarant may unilaterally..'adopt and flee a0ndriaents to the Declaration and to the Survey Map and Plans for so long as the Declarant is the 0ywneT of say Unit' hi the Condominium or until the expiration of the time li rit for the exercise of any Devctopinent tights resezved liy tlae Declarant, in order, to (a) con�ormthemtotheaetuallocaiYonof�n�laftheconstructedamprQ�ements�ndtliestablish, vacate ar}i relocate uti:hty easements, access road easements and parking areas, Al ;` (b) exercise any DevelopmentRight or Special Declarant:Rigl treservedb:theI3eclarantunder this Declaration,;:br (.6) correct, title-refated matters at the request of any title insurance gdmpany, or correct any nbrimatenal technical errors,contdmed in the Condominium Instruments or clan fy provisions of same ARTICLE XVIII T=INXT `ON•OF CONDOMINIUM The provisions of RCS 64134,2.6$ a:ad the Gr8un41ease shall govern the terrinnation of the condominium. 4RTICLEXIX MISCELLANEOUS 19 1 Notices for All Purposes, Deliyerx 19 1 1 Except as otherwise provided by law, or by Article,::15:'her'of as :to certainoticcs:.. to Eligible Mortgagees, any notice permuted or required to be delivo ed undei":the•,.pr visions -•of the 33 J. Declaration or the Bylaws may be delivered either personally or by marl, addressed to the person entitled to 'such:notice at the most recent address given by such person to the Board in writing, or to the most recent addiress''known to the Board. Notice to the Owner of any Unit shall be sufficient if mailed to his or her Unit if go othev,'ina>,ling address has been given to the Board Mailing addresses may be changed from time to t} n�by notice iti.,. riting to the Board Notice to be given to the Association may be given to the President ,,br 8ecretaly of the Association, or to the Association's Registered Agent 1.9 12 New, Unit OWrii;'i'§ must supply their names and addresses, along with the names and 'addxesses''of tYiqir respective Tvlartgees, to the Secretary of the Association promptly after conveyance 19,2 Severa 411ti,J, The provisions hdreof'shall' be`'deeme`ci•.,ind'epeiident and severable, and the invalidity or partial invalidity or unenfoxoeabihty oV any Me pro.,i 1q,.or portion thereof shall not affect the validity or enforceability of any other��proyasion bereof, f;,the f6mamder complies with the Condominium Act and furthers the common plan' f this Condomimurii r r:' 193 No Right of First Refusal ,hl There is no right of first refusal in the A isopiation limiting or restxicting:the right of any Unit Owner to sell, transfer, or convey his or her Unit 19:.`4 Polley of Non-disennimation .f-9 4.1 The Association shall conduct all its operaiiorxs m a iyi t' er that satis Pies federal and state nbn-diserimihatioii guidelines Specifically, 1') except as provided by law, no person on the grounds •gf.yace c91or,,sex, or national origin sh611 be:°excluded.--from participation in, denied the benefits of, of ;bo'otherwise subjected to, diic* nmi'iigtzdri in.thp-iise any portion of the Condominium Property, 2j.tl at u the construction of any improvements on, over, or uriftr the Property and the fl rfw#ing bf services thergbn,rno person on the grounds of race, color, sex, or national origin shall be excluded from :participation iri •:dented the benefits of, or be otherwise subjected to discrimination, and 3) that the; °Cvridoimitim Prooft y shall be used in compliance with all other requirements imposedby or pursuant to Title 49, Cod'e•,gf Federal Regulations, DOT, Sub -title A, Office of the Secretary, Part 2I Np... .. rimmation :in .federally Assisted Programs of the Department of Transportation;:1✓ffectuatioh ofTitleIVI 4f the Civil Rights Act of 1964, and as said Regulations maybe amended; ; 4) that the Association acid its `rri'emb:ers. shall• fiirnisl ,all .accommodations and/or services on a fair, equal, and not unjustly di eri>pinatory, `bass to all users thereof and it shall charge fair, reasonable, and not unjustly discnminatofy:•.Prices for:`eacb- item, • ,: S) that'noncompliance with these i'equiremJ'cnts"shah emstitute a matezaal breach of the Ground Lease and, in the event of such noncompiidrice, the Gourd Lessor shall hive the right to terminate the Ground Lease and the estate hereby created without liability.'thoref6r or,''•at the election of the Ground Lessor or the United States, either or both said C�overrimcnts s all hake the.;;. . right to judicially enforce the provisions of said Section 30(d). 34 1942 The Association shall insert the above five subsections in any lease, license, or sdb,166se agreement by which the Association grants a right or privilege to any person, firm, or coi`ppratiA to..,render accommodations and/or services to the public within the Condominium rgpegy, •, 19.4 3 The Associatzan.will undertake an Affirmative Action program as required by 14 CFI Pay t::152,itb-part E� ('.Sub -part E") to ensure that no person shall on the grounds ofrace, dre6d, color, iptiolial engird, per sex,,bd, excluded from participating in any employment activities covere4 in'•SO-p,Lrt F. '1~kio :Associ tioi}� `aff ,4spre that no person shall be excluded on these grounds from:,particip'ating in,,br receiving thq.,& ' v;#ces: or benefits of any program or activity covered by Sub -part E' ,The Association skiali fissure that it will require that its any covered sub -organizations shall provide assurances to it that they sirtiilart}�rill undertake Affirmative Action programs, and that they will require assurances fQrn their'ariy sub -organizations, as required by Sub -part E, to the same effort. 105 Effective Date This Declaration shall take effect upon recording ARTICLE•XY CERTIFICATE OF COMPII✓IIAl CN ' De'clarafit hereby certifies, pursuant to RCW 64.34 200(2), tiiht• Q*1 struetural.;:oomponents and mechanical sysleim,oNlbuikhngs containing or comprising anyUnits in the 604dom"iniuzn are substantially c©mpleted: ' DATEi?•ft 2003 DFyCLAR.ANT AVIATION PROPERTIES, INC By. ; Erinted'Naxiie Title ,• P:' .. r� . :' 35 .' ,i 1;: S`TATIa OF WASHrNGTON ) ss CO,iJNTY,OF ) Y liexeby certify that I know or have satisfactory evidence that J aao is'the,l erson whb appeared,before me, and said person acknowledged that (s)he signed this instrument, on 8ath,state4' that (5)he was authorized:.to execute the instrument and acknowledged it as the President of the 'Declarant, AVIATIOIq.3 -ROI ET,'T-rES, INC , to be the free and voluntary act of such party for the uses and purposes mevntfoned'' in the mstmment :• DATED NbFRY 1?UBLIC for the SW 0 t cc* OF Q Wi n my,eommtssioil: `ui srr a C ,tir�Q» �XjtITOs :G�G�"tl.,v�r.> 6+CT (N i+� ► ��` Notary Pa IG Sufrs�c... •B�C,r �� :'V35 409 ft�, 36 t. J. CONSENT BY GROUND LESSOR ti TH2 CITY OF AUBURN, a Washington municipal corporation, as the Lessor under the Ground Lease described ,ih }section 3 4 of this Declaration, hereby consents that the Property described herein may be ,> b, itted to Ckz'apter 64 34 RCW in accordance with the foregoing DATED this 7* day.of.. 12003 ,; LESSOR THE CITY OF AUBURN, a ' Washington Municipal Corporation By Printed Nam5 Title'�`�,GV� STATE OF WASHINGTON ) ; COUNTY OF KING } I hereby certify that I know or have satlsfadtory evidende tho is the person who appeared before me, and said persoriIvcl< iowiedged tYlat•(s)Gsignea thi� in0rument, on oath stated that (s) gj v s authorized to execute the instrument:and.ack&wledged it as:the;kayor of the City of Aul ajn a;?6Vas iingtpn Municipal Corporation, to be the free an' d volun. .act of." uab party for the uses and prposps mentioned in the instrument .... ; DATED.-` T , zoa3 •p`i. '' ; s NOTARY PUBLIC for the State of V tOT ; •.�1m Washington My Commission expires 37 EXHIBIT "A" 4. TO DECLARATION FOR ' AUBURN AIRPORT HANGAR CONDOMINIUM i' LEGAL DESCRIPTION OF LAND WITHIN THE CONDOMINIUM Th'e legal description o,f tie land on which the buildings and improvements of the Condominium are located is as follows r ""'NORTH gF'23R1?.4.1'REET NE BETWEEN "D" AND "E" ••THAT PORTION 4 I QTS 22,;23,, 2'4, 25, g`6,.--AND 27 OF MARDEL ADDITION NO 2 AS Rk0,RDED IN VVSLt7ME..•.7,9" 01� PLAT-S,;`'PA'GE 1, RECORDS OF KING COUNTY, WAS IINGTONV TOGETHER W.TTI-I TH�:T P'QZt I ION OF "D" STREET NE AS SHOWN ON SAID PEA I „pF'7vIAR37EL� A DDIhON NO, 2;,QUIT CLAIMED TO THE CITY OF AUBURN AIRPORT DEPARTMENTASRECOR'Rfi 7�UNDERAUDITOR'S FILE NOT 8211050440AND SURPLUSED BV*THECITY' OF,;t UEURN RESOLUTION NO ;;1730, DESCRIBED AS FOLLOWS ` BEGINNINGATTHENORT-ffV. T;COIF*1EROFSri:TF2MARDI;I;, b&TIONNO 2,THENCE SOUTH 89021' 15' EAST ALO&d Tl-IE NORTH 13.OUNDAR`Y• Q1 SAID MARDEL ADDITION NO 2 A DISTANCE OF 303 80 FEET; ThENOE SOUTH Q.0°31"30" WEST, 484 07 FEET, THENCE NORTH 88058'22" WEST, 309 37--�EE+,T A POIN r LpCA�BD 307.5. FEET E� ST, MEASURED AT RIGHT ANGLES OF THE PRINTED CE3NT.tRLINE QF;TI�E MAINRUNWA;� FOR THE 6ITY OF AUBURN AIRPORT, THENCE NORT-H 00P39'0.4," E' ST'AL&gG A LINE PARALLEL WITH SAID PAINTED CENTERLINE OF THE MAtNN RUNWAY, 482 Q•f FEET, THENCE, SOUTH 80021'15" EAST, 4 49 FEET TO THE -POINT QF BEGINNING` Situate in tl''e City of Auburn, King County, Washington, SUBJECT,TO`t�he Gr,, Und''Le. §e described m Section 3 4 hereof, acid further subject to covenants, conditions, resfrictrq s, Vesq vattons, agreements, eneiimbrances. and otlherniiiatters of record ..... LEGAL:' DESCRIPTION OF LAND WITHIN PHASE I The legal descripti6ii of the laind"witbin PZXase l of this Condominium, upon which the existing Units and Common Elements liave be6n abnstliicted,•i8is follows COMMENCING AT THB. NORTHWEST CORNER OF SAID.: MARDEL ADDITION NO 2, THENCE SOUTH 89°21'15''!IEAS'I' .ALONd THE NQ&TI-I BOUNDARY OF SAID MARDEL ADDITION NO 2 A DISTANCE OF;303 80.,1?EET, - HENCE SOUTI4, 00°31'30" WEST 230 66 FEET TO THE POINT OF BEG1NNIriG, TPIENC:V CONTINUING SOUTH,• 00031'30" WEST 253 41 FEET, THENCE NORM 88°58'2VVEST"309 37 IaEE'F; THENCE 14ORTH 00-39104-1 EAST 198 00 FEET, THENCE SOUTH 89°2d'-57'!:EA$T 205 FEET, TFIL" NCE NORTH 00039103" EAST 53 11 FEET, THENCE SOUTH 89°29'43" AS* 10. 81 1 EET TQ' THE..,I�OINT OF BEGINNING Situate in the City of Auburn, King County, Washington i LEGAL DESCRIPTION OF LAND SUBJECT TO DEVELOPMENT RIGHTS The..'4egal 1descnption of the Subsequent Phase(s) Property, upon which Units and Common Elements in futixre phases of development of this Condominium will be constructed, is as follows 13'EGJNNINGA,�T!THENO� 4WEST.`CORNEROFSAIDMARDELADDITIONNO 2,THENCE SOU;T489-Zil15;' EAST,AEONQ• RE NORTH BOUNDARY OF SAID MARDEL ADDITION .; NO.,'2 A! DISTANd' OP 3'03 80 FEET, TJ&Nt�r SOUTH 00031'30" WEST 230 66 FEET, THENCE "NaRTkI S9°2 '43" .W ,!' T 103 $4-:F1 ET, TH NQF, SOUTH 00-39103" WEST 53 11 FEET, 7IIEN E NORTH ,;W -T 205 ;0tl`'F1NtT,,;THENCE NORTH 001139'04" EAST 284 01 FEET, THENCE SOU�'H 89,°21'1i!' EAST-',4 50'FF,LT TO THE POINT OF BEGINNING I Situate in the City of'Aubum, Ki1ig County, -W mgton r. 39 r.11ll..• r � � � 0 �o in 6% kn (7, ON Cri CN C, V) m m M C-n 4) 4) V C) If, (u 0 0 Q 1) pq PP -5 & (D' . V 4) 0 pq PO Pa 00., QQ OQ 00 OQ 00 OQ 00 C> •M m m M m cN 0,% M 0 00 0 o 0 "o 0 c- 0 10 m 8) ON C, cq:l 00 N N N k4r) Aj V Q> c; 4-4 - 50 i-,- Cf) oo m to 44 cd A4 O En l; 0 L9 Cd JD 'd o g 6) DO !;5 Cd CN C) 1 4-1 4z —a zll� m pu P4 . 4 42 EXHIBIT "C" TO DECLARATION FOR AUBURN AIRPORT HANGAR CONDOMINIUM CHEbULE OF MISCELLANEOUS PROVISIONS AFFECTING THE CONDOMINIUM $CflEDULE 8 4NA(3BMRN'f0F CQNDOMINIUM ASSOCIATION 8 32 .�Xomtn6,ExpensA 7 niri`19.Experfses of4he Xsspoiafton,,4cbut are not limited to the following (a) All Rent�bwing.iinder.jtlie G ourid asqdespribed in Sectiodi 3 4 hereof ..4 (b) Water and sever, conim8ri e*'Wal and; if-deern6d nec"s�"iy%r desirable by the Board of Directors, common garbage and/or trash collection, commo-In' gg"" and anyo ther necessary u(ilityservice as required for the Common Elements See Section 10 8 of the Declaration for further progisions' . ..... Policies of insurance or bonds required by Article X1 X. "(d) The services ofpersons or firms as required Wproperly ttiana&q.the,offairs,.Q'ithv"60n.ftominiumto the extent detmed advisable Wthe Board as well as such other personnel as the Board shall determine are-'-nec6ssary;'br proper for the operatloti of thin con; on Elements, whether such personnel are employed directly by the`Board orre fufish�od by a Manager aa .," " Jhi&'services of attorneys, along with bookkeepers and accountants qualified i , f-:ed to'maintain Association records in the .,,vanncr required by Sect16 8 4 of the Bylaws, and to perform the independent a-ah reqinred.Under Section 8 5 of the Bylaws Painting, rhawlenance, repair and all landscaping and gardening work for the Common Elements, and . such furnishings and e0pnqnt,eor thWC6mmon ElerneAts as the, Board shall detemime are necessary and proper (9) 1 Any otho niI suo lies jabo.iiservices, maintenance, repairs, structural alterations, insurance, taxes or assessments which the Board is reqtlired.to by law fb pay'or procu?ei or which in its opinion shall be necessary or proper for the operation of the Condominium, thernain"t6ir"'co, repaiiorre lace.itiont 6� thQ.Common Elements, or for the enforcement of this an Declaration (h) Maintenance and repair of afl�,Yjnit, ..Its L!'mirtqd,.IQommofi,E1eMents, other appurtenances and appliances, if such maintenance or repair is reasonably, neceqar ,y,in&o�inioA*ofthcBoaid, to protect the Common Elements or to preserve the appearance and value of the Condominium 6v�iopindrit,grid the Owner ofpO Unit has failed or refused to perform said maintenance or repair as required by Section 4 6 hereof within a reasonable tfiric a6erTittcn,-:noticc of the necessity of said maintenance or repair has been delivered by the Board to the Own6r The cosfofsuAma.i . -nten� .. nce Or . Tepd , i r . sh a ! ll'constitute a special Assessment against the Unit of such Owner, pursuant to Section 10 7 2.hqeof 42 . J" SCI-IED(iLE I I — INSUIMANCE F1•2 Insurance Policies and Coveraee 1+1 2 1 Master Policy Thd insurable improvemegtswithm this Condominium shall be insured under one or more policies of insurance, .;agaiikst casualtyor ,physical,damage inan.i,6unt;equal to the maximum insurable replacement value thereof (i e, 100% of `replacement costs biased tllion (Me value df replacipg the structural portions ofthebuildings within the Condominium, including their mebhanical, electrical aid plulnbmg�'egttpment;:�ntenor,,paifitiolting and doors and windows, but exclusive of land, excavations and foundahnris, uiilizmg contet}iporary lsuzldmg materials and technolAgy Level(s) of coverage shall be determined annually by the Board of Directors with.p istane¢ of th''e agent(5 pf the msrtr�hc., coir}pames affording such coverage Such coverage shall afford protection against: (a) loss or damage by -fire, vandalism,• malicious mischief, windstorm, and other hazards covered by the standard extended coverage endbrsemQnt togetherwltli c06ge:,for CgmMQn Expenses with, respect to Condominium Units during any period of repair or reconstruction; and such otbt r peitils customarily cover•,ed by msgPanc� for similar projects Such coverage shall insure all buildings and other General and Ligirted. oimiion ilements that 5re nornt�lly tholuded in commercial coverage The policy shall also cover all of the nisurable`,improvement within,-fhe Up.16"constcacte&.py the Declarant, together with all included ventilating, heating and other equipment, but itot including trade fixtures.urniture; furnishings, aircraft, tools or other personal property supplied or installed by Unit Owners The j ohcy'shali alsa;bover othet'Cotidoml,Fiiumproperty including fixtures, building service equipment and common personal property and,:isupplles 6wned by the Qwner� Association, or included in the Common Elements An fhsdeance policy that includes either of the following endorsements will''assure full ►nsui•Ale value replacement cost coverage liability for death, personal injury and property'damdgeahstnpfrom,lheuse;owuershipormaintenance of any o(''the Common Elements The insurance should also cover any commercial spaces chat ai'e owned t� the."ssociation, even if they #e leased to others coverage should be afforded under a commercial general Itzbility policy for the'enare project, including all area`s under the sgpems§ on of the Association Limits of liability shall in no event be,:less than.$1,Op0,00q with respect to any singld occur- ence,,o'nd (d) ,'' rtiedieal payments coverage, in such amounts as are customarily provided-iri such policies 11'2 2 Dn�ctors''and Officers' Insurance If reson#y..available, the Board'•shall gcquiq Directors' and Officers' errors and omissions insurance to satisfy the Association's indemnification responsibaYrties under tha'Bylgws of the.Condominium It 23 Fidelity Insurance The Association may obtain blanket fidelity, insurance'.for aii'y person whd*eiffier handles (or is responsible for) funds that he or she holds or administers, whether or not that fnd' ividiial receiv.is compensation for services The policy shall name the Association as the insured and must include a provision that calls for'ten days' wi'ttten iiptipe to the Association, and all Eligible Mortgagoes before the policy can be canceled or substantially modilled,-�klr and reasoi, in the manner provided ifi Section 15 2 hereo f The policy should cover the maximum funds that will be. in the custodyof the Asso•,oiatipn or its Mattag0r at any tirri�.Whlle the policy is in force A Manager that handles funds for the Association shall be'obvered by its owls fdelity insurance policy, which must provide the same coverage required of the Association 43 1124 Additional Insurance Required under Ground Lease The Board shall also acquire such additional insurance coverage as may be required under the Ground Lease, in tAe er ent tt•iat.the insurance requirements of the Ground Lease are greater than those expressed herein, the provisions of the Ground i3Oase shall sdpercede the requirements of this Declaration, to the extent that the insurance requirements of the Declaration contain reatbr coverage requirements than those owing under the Ground Lease, the provisions of this Declaration shall control 112 7 General Poliey,V8"sWris and Limitations Inslirance!'obtair ed'pursuani to the xequtrett ents of this Article XI shall be subject to the following provisions (a) E ch pplicy shall'b,,e written with a4-ompiaiiy or companies which are licensed to do business in the State of Washington and 'bi hich hotel a B genera•1 pohcyliolder's �tipg.o'f�a financial performance index of 6 or better in the latest edition of Best' Key Rating Gffle, or an:A or better rating frogb6rio4ch, Inc, or such other rating(s) by such other entities as may be acceptable to or required under tRe Ground Lease (b) The master p icywiIl be.prim4y,.piid no msuranoe coverage.vbtained and maintained pursuant to the requirements of this Article XI shall be brought rhto gbntrtbution with,itisuYance,'purchesed'individually by any of the Unit Owners or their Mortgagees, as herein permitted, and •t[riy ",no other insurance" or;•simgar giauso'•in any policy obtained by the Board of Directors pursuant to the requirements of this Secttdn shall exclude such poliates from cbnstderhon ....... . (c)'•, Each policy shall provide that itmaynot be, cancel'eel,substantiall"ymodifiedorredge'dwithoutatleast 30 days' pri0written notice to all insureds named thereon, includmg.tht Ground L"essor'and'-all-nanied Mortgagees.` .t (d) ' Each policy of casualty insurance shall contain a waiver of any right of t#ie camer.fo elect to restore, or repari damage or reconstivct in lieu of making a cash settlement if a decision is made pursuant to.ihis;115eclar'ation not to do so (e) ,,$achpo4cyshall contain awaiver ofsubrogation bytheinsurerast`a•iuiyAndall- claims against the Unit 04yners, the'Associatio,A, the Board of Directors, the Manager, the Ground Lessor, and their respective :agents, arising from the acts of airy, Unit Owner, rnern, bcr of 6e Owner's household, or lessee of the Owner (f) + PO'cy eo,ntracts shall prodi{ e that each Unit Owner is an insured person under the policy with respect to liability arising out of, the G'wner's.mto'rest tr},tlie;Common P4ements or membership in the Association (g) Each policy Aall provide that"(i) t>,ie poh�'y s'coverage shall not be prejudiced by any act or neglect of any occupants or Unit Owners of the t ondoinieium or their agents, employees, tenants, Mortgagees or invitees when such act or neglect is not within the control of the iiigured or tha:`-Unif Owners eolleetively,arid•,(ki) the policyshall not be prejudiced by failure of the insured or the Unit Owners colleetively,,te coinply;,`with any warrariiy oz,'condition with regard to any portion of the Condominium over which the insured or the Nit Owners cpllecttvely tiave,no coi'itrol (h) Each policy most contain a standard mortgage clause and mustqame as covered Mortgagees each such covered Mortgagee, followed by the phrase "its successors ai d•ossigns,:" (1) The insurer issuing the policy may not modify tha:amoiTnt or the extent of tbpcovera�e oftthe policy or cancel or refuse to renew the policy unless the insurer has complied with all apt7kpableprdi isiotisofchapt-rM$ 18RCWpertaimng to the cancellation or nonrenewal of contracts of insurance The insurer shall not modify the amLnt or tfie e'xtent'of the epveerage of the policy, or cancel or refuse to renew the policy without complying with RCW 64 `3 4, 352 i' 44 118 Reconstruction Following Casualty Loss, 'J. 118 1 Duty to Reconstruct Any portion of the Condominium for which insurance is required under this Section and for which the Board of Diz!ctors"G"the responsibility of maintenance and repair which is damaged or destroyed shall be repaired or replaced promptly by the Asso'ciatici.iiunldss (a)-ftCojidominium is terminated, (b) repair or replacement would be illegal under any state or local health or safq. , iy statiite oc:o,rd-ibance, or (c)-eightyperoft (8.0%) of the Unit Owners, including every Owner of an Unit or assigned Limited .--Common El-&nent wh i ch will -act b e iebut It, afongwq� the GroundLessorand any Mortgagoes whose approval mustbe soughtunder - .. i. li. Declaration;- -ap�licable,provi8iahs of l: e vote nqt to rebuild The cost of repair or replacement in excess of insurance proceeds and reserves shall be d'Comirion Expense J 11 82 4Lisio'n' Not,,14"Reconstnr6t If all of the damaged or destroye.-the Condominium are not repaired or replaced (i) the insurance. dsportions o proceeds attributable to the damaged Common Elera.ents Shall tie used. to,restore the dam6gfd area to a condition compatible with the remainder of the Condonnmuiiij(ti) the iiisurande prt'ceedglattrlbutable'6.Umts and,6�mi'.t'ed Common Elements which are not rebuilt shall be distributed to the Owners of those Units.and thb Ow"ners of the Units to which dose Limited Common Elements were 1" X allocated, and/or to licnholdQrs, as their iderests'may:t.appeint, and (in).'th6-'remainder.af d�.Vproceeds shall be distributed to all the. Unit Owners or lienholders, as their interest it'ay" appe I ar, in ... proportion portlpn to tl�c. Commp:n 'E'lement Allocated Interests of all the Units If the Unit Owners vote not to rebuild any Unit, th6t,UnA al*jocat�d interests' are automatically reallocated upon the vote as if the Unit had been condemned under RCW 64 34 060(1), aW*the Associationproffiptly tshall1prepat , 6,'ex66utc, and recordp amendment to the Declaratfori' reflecting the reallocations NotwithstaAng th&"pioyisiong of this Subsection, ReM,7 ,.64 34,-P8•1 ovems the distribution orlmsur`a'ike. Proceeds if the Condominium is tcrritil.jated . ..... 8 3 Manner of Reconstruction fPdostr6yed or damaged property is to be reconstructed or repaired,: !thA roconstnictio� or repair thereof shalt be accqfiplislied as riqaitrly as practicable to the character of the building or improvement existmi, llrqi eqihtely Prior to such casualty Ar�yreconstructi" or repair,shall be''done in accordance with then prevailing Building Code requirements - and may be done with coi4teniporary,.btiilding..inaferials, and achieved by utilizing updated construction systems and technology:" _Y 11.84 .,�Paynaent 4and'Pr'oce`hre for Reconstruction The proceeds ofLa`ranco.-'ctllctted on accoimt of casualty, and funds received by the Board of Directors from collections of Assessments aqipst"brai Owiiers on acc-ounp-of s# casualty, shall constitute a construction fund which shall be disbursed in payment of the costs of rqeonsl' uctton and rephir m-the foll6wing manner X (a) ffttb e damages qX i st ofi, y toparts 4an Unitj&,which the responsibility of maintenain cc and repair is borne by the Unit Owner, then th6'10wh"er shall and repair after casualty and shall be entitled, with the assistance of the Board of Directors, �to appfj -fWiind use ariyapplicable insurq Ace proceeds In such instances, the Association shall not be required to pay any of the insurance deductihle T-� all � 6r.'r:instandes the'responsibility of reconstruction and repair after casualty shall be that of the Board of Dlrect6r's, N If the amount of the estimate'd.co�ts of,ye003siructfon Arid0�9 � -iepair is $00 or less, (as estimated by the Board of Directors)thenthe construction fund shall be J['Aurscc in p6ymedtof such costsuppn order ofthe Board of Directors, provided, however, that upon request of a Mortgagee which is Wbeneficiary of an iftsurailce policy,.tbe�prooecds of which are included in the construction fund, such fund shall be disbursed in the iiia`niier.,-provjdcJ in SAseci . ion (Iti;l) j ereaff . .... ..... 45 J. (o) If the estimated costs of reconstruction and repair of the buildings or other improvement is ,more than $50,000, then costs and expenses so mcurred from the construction fund shall be disbursed from time to time as the work Yprogressgs upon approval by an engineer or architect (hereinafter referred to as the "Reconstruction Supervisor") licensed to practice i' in the State of Washington and employed by the Board of Directors to supervise such work The Reconstruction Supervisor shall be required to• f9mish a certificate giving a brief description of the services rendered and materials furnished by various contractors, sg6cosltracto'6, materialmen, the Reconstruction Supervisor, or other persons who have rendered services or furnished materials in connection with the �' york, and stating that (a) the sums requested by them in payment are justly due and owing and that said sums 'do.not exceed• the value of the services and materials furnished, (b) there is no other outstanding indebtedness known to the Reconstruction Supt'rvisor-f6t the services and materials described, and (c) the cost as estimated by the Reconstruction Supervisor for th9'work•:remaimi g to be done. subsequer;t-ffthe, date of such certificate, does not exceed the amount of the construction fund remaihing after payment of the sum`so requested i. SCHEDULt112 W.COI iD MN? IOIrI' ` J }. 121 Conrlemnahod Affeotmg Whole Uhit" If a Unit is acquired by condemna`tron; or if part of a Unit is acquired by cor4cm$ation leaving the Unit Owner with a remnant of a Unit which may not practically or,lawMly be�•used for apy purpgse pertiiittgs by this Declaration, the award must compensate the Unit Owner for the Owner's Umtrand its appurtenant interest in the Corii'tnon Elements, whether or not any Common Elements are acquired Upon acquisition, unle's''s tha decree otherwise provide -ill that Unrt's Allocated Interests are automatically reallocated to the remaining Units in proportion to',the; respective' Allocated Interests.,4 those,.,xfnrts before the taking, and the Association shall,promptly prepare, execute, and recor&� n amendrrlerjtto the Deefaratwp reflecting the reallocatiog4) Any remnant of a Unit remai'iling'after part of a Unit is taken under this Subsection is thereaaer a Comriion El,ertlent 1.22 ' .Conderhriahon of Part of Unit ;' Except as provided in Section 12 1 hereof, if part of a Unit is acquired by condemnation, the award mast compensate the Unit 6vner for the reductipn in value of the Unit and its appurtenant interest in the Common-Elgments, whether or not any Common Elements are acquired. Upon acquisition, unless the decree otherwise provides (a) that Uniti'$ Ali'ocaied Interests are reduced ill pr4ortionao the feductr.on iirthe size'bf the Unit, and (b) the portion of the Allocated Interests di w'ested from the partially acquired Unit are autotriatically;real focated to thaCurlit and the remaining Units in proportion to the respectrve;All'ocated Interests of those UnAb.ofore the taking, w th the,par Tally acquired Unit participating in the reallocation on the basis of lts reduced Allocated interests 123 Condemh� of 6mmon Elements. If part of the ComWpp- 6enients is acquired--1 y Fondex matipn, the portion of the award attributable to the Common Elements taken shall be paid to the Ownei!s based on their respective Allocated interests in the Common Elements unless the Association at a special meeting call4for sdeh j urpose, decides oth4wise••" 124 Condemnation of Limited"Common Elements.`' Anyportion of an award attributable to the acgiiisifioii of a Limited Common Element must be equally divided among the Owners of the Units to which that Limited Common Element'was allocated of the t1hie of acqulsition 125 Association Necessary Party to Proceeding ..... 46 ,r r The Association, through its Board of Directors, shall be a necessary party to any condemnation proceedings and shall, to the extent feasible, act as a fiduciary on behalf of and in the best interests of any and all Unit Owners affected by such proceedings +'Should the Association not act on the Owners' behalfin a condemnation proceeding, the affected Owners may individually or jointly act oh their own behalf 126 Complete Taking In the event.df a completo taking of the Condominium, or in the event that the taking by the condemning authority is so substantial a$ to rg'n46 the remamcer of the CC$ndomj'ruumunsuitable or undesirable for use by the remaining Unit Owners, then the .Condominium shalt (in t114 case of cbmpRtaking){or may (as to a partial taking) be terminated in accordance with the terms and conditions of )i.C\N G4 �4 268; and;A>$1'cle XV;�iei'eof •�:,,. 127 Rccwstructlnn and Repair;:' Any reconstruction and. tepair.,iiecessi6ted ba ,aotleiemnpiion shall be governed by the procedures specified in Article XI hereof, provided that the Board may retain and ,apply such p�6rtion'of each Owner's share of the Condemnation Award as is necessary to discharge said Owner's liability ;Fo .'-any sp;cial Assessment di isitig''froi "thg operationiof s4id Article XI 128 Notice to Mortgagees The Board of Directors shall promptly give written notice to 01.Eligible,Mort ogees of pendency of any e4ndemnation proceedings affeetiiig: any portion of the Condominium 199 'avmciit of Award, I' When a Ugit Own4 becomes entitled to receipt of a condemnation award, or of any portiof of such,an award, or of any payment in lieu of sq> h an award, then any such payment shall be made payable jointly to' gu&Vnit Qwaer and'to the holders of any Mortkages ancumbering siich Qwnei•'s Unit, as their interests may appear SCHED.UL,Fi 15. r1'RO'TEC1ION OF MORT,AGEE$ This SchedulC establishes c�6a'i'n stair&a d� and covenants which are for the benefit of the holders, insurers and guarantors of certain mortgages Thas Articleis supplomental`'ao, andnot in substitution for, any other provisions of the Condominium Instruments, but in the case of,66iihict,tthis Schedule shall dontrol 15 1 Percentage of Eligl6le Mortgagees , Wherever in this Declaration the approval dr conseni of a specified percentage ofMdi'tgagecs is required, it shall mean, pursuant to RCW 64 34 272, the approval or consent itr writiiipf El'igibl'e Mgftgngdes holding firsp lien mortgages on Units, and the percentage shall be based upon the votes attributable to Units with respect: to which Eligible Mortgagees have an interest 152 Notice of Actions 47 . t7 i'• i '.. The Association shall give prompt written notice to each Eligible Mortgagee of, and each Unit Owner hereby consents to, And authorizes the giving of notice of 5• (a),,` Any condemnation loss or any casualty loss which affects a material portion of the Condominium or any Unit m.v✓llich thdr6 is a first mortgage held by such Eligible Mortgagee, . ' (b) Any,dehriqueneym the payment of Common Expense Assessments owed by a Unit Ownerwhose Unit is subject " to a first morfgage'•held', insured, or. guaranteed; by:.such Eligible Mortgagee, asapplicable, which remains uncured for a period of ,:sixty;(60) dd'ys, t' Any lapse, cancellation, or tliat+erlaI modifibatton of any insurance policy or fidelity bond maintained by the Association,;: , (d) Any, pr6posed.actio4-lwhich;woulI rggfre'f}ag consent of a specified percentage of Eligible Mortgagees as specified in Section 15 3 of this ,Schedule (in which cash, libti=shall be provided by certified or registered mail, "return receipt requested"), and (e) Any judgment rendered against the Association iri,exgess of $2,5QQ wlr ch is not covered by insurance 153 Consent and Notice Required " 153':1. Document Changes „ , Nbtwlthstandmg any lower requirement permitted by this Declaration or the Cond04iirin7m Act, no amendment of any rtiaterial.l roviston of the Condominium Instruments by the Association or Unit -Owners descnbed ip this subsection maybe effecOewithout notice to the Ground Lessor and to all Eligible Mortgagees, as required;bySection 1•5 2(d) above, and the approval by qy ners a't Units to which at least 67% (or any greater Unit Owner vote required m Seglion.47 3; of this Declaration or the Condominium Act) of the votes'm fhe•Association are allocated, and approval in writing by''the;'Crrpund 1,essor and by Eligible Mdrtgageestiyho represent fttteast 51 % (tir any greater Eligible Mortgagee approval required by this Declaration) of the votes of Unit esf2tes that are subjectf Iiiortgages held 1) Eligible Mortgagees The foregoing approval requirements do;not apply to amendments effecfe'd.by the exercise df any. Development Right A change to any of the following would be considered material (a) Udting rfgl>,is, (b) "'Ititireases`inAssessments'i'at r�ise the pramusly assessed amount by more than 25%, Assessment lions or priority of Assessment liens, (c) Reductions ih'iregerVes fc maiiitenance, repair; and replacement of Common Elements, (d) Responsibility for maintenance+t-nd repairs,'' (e) Reallocation of interests in the Gen eral:Comtrion Elements or l imitei3 cd'mmon t'lernents, or rights to their use, except that when Limited Common Elements are reallocated b'y,aireem ntb.Awcent OwUniners, onlytho;;e Unit Owners and only the Eligible Mortgagees holding mortgages in such Units need approue such action, , 48 „'i (f) Redefinitions of boundaries of Units, except thatwhen boundaries of only adjoining Units are involved, Or when a Unit is being lawfully subdivided by its Owner pursuant to Section 4 9, then only those Unit Owners and the Eligible ' Mortgagges holding mortgages in such Unit or Units need must approve such action, (g) Convertibility of Units into Common Elements or Common Elements into Units, O Expansion or contraction of the Condominium, or the addition, annexation or withdrawal of property 1b or fXom the Condomnium (i) .14azatd 0% fidelitymsurapce'r'e'qu!,tements, tj) I1liposition o£atiy}estrictlohq on the ledsing of Units, (k) Imposition of any''resti.ti;'tions-'bn a,Unit Owner's right to sell or transfer his or her Unit, ..t,. (1) Restoration oirepati' of the proj:ecb'after damage dr partia '!gonaemnation in a manner other than that specified in the Condominium Instruments,: (m) Any provision that expr246ly benefiC mortgage ho!Oers, (tisurefs, or guarantors 15 3'�; Actions „ Nptwtths'tandmganylowerrequirementpermittedbythisDeblarationo the,i.ondoitiiniumAct,the Association may ngtake azty of the following actions (other than rights reserved by the Declarant as Dev' lkpmentRigk ts), \ ithout notice to all Engiiile Mortgagees;•.and eligible Insurers as required by Section 15 2(d) above, approval'by.Civners.ofUnits to which at least 67% (or the indicated percentage, if different) ofthe votes in the Association are allocated, and approval ip'wrrtmg b� Eligible Mortgagees who�represent at least 5l % (or'ihe percentage indicated below, if different,) of the votes of Unit estates•that are subject to mortgages held by Eh'g4ble'Mortgdgcis (a) ti Any:actiori to, 6andon !or terminate the legal status of the Condominium after condemnation or substantial destruction'; (b) to:abandon•'•or`teltimae the, legal status of the Condominium for reasons other than substantial destruction or condemnation, as ;to which a sixty-seven perpe4(67%) Eligible Mortgagee approval is required (o) Abandon,partition,sibid iv-*ide,encumber, sell, trgbsfer�r,conveythe Common Elements orany portion thereof, as to which the approval of Owners to'Svhich at least ei hf, ercent; 80% 'df the•votes in the Association are allocated is required, and the procedures specified in Section 5 2 liereofir Ut t'6e followed Thp.granting of..e4sements for public utilities or for other public purposes consistent with the intended use'.of the Commgn Elements by the Association will not be deemed a transfer within the meaning of this clause, r.. (d) Change any of the Allocated Interests allbQgd:, to any Ui3it other than as pernutted ir(.Sections 4 5 or 4 6 hereof, in any other case the vote or agreement of the Owner of each Unit particulatly affected•ilrid his or -her Mo'rtgage.p and the Owners of Units to which at least ninety percent (90%) of the votes in the Association are allocated other`!l Ah the;beclaran] must be obtained, pursuant to Section 17 3 hereof and to RCW 64 34 264 (4) J. 49 (e) Increase the number of Units, change the boundaries of any Unit (other than as provided in Sections 4' 8 and-4 9 hereof) or change the uses to which any Unit is restricted, as to which the approval of Owners of Units to which at least ninety pel cent (90%) of the votes in the Association are allocated must be obtained, pursuant to Section 17 3 hereof and to RCW G4 34 264 (4) (f) The assignment ofthe future incomoofthe Association, including its right to receive Common Expense •,'Assessments':; ' The restoration or repair of the Property after hazard damage, as to which the approval of Owners to `v hioh at Ieast eighty pera6nt (g0%);bftlie dotes ul.the Association are allocated is required, pursuant to Section 11 8,9 hereof, or after a partial cbndemnVlon, ;in a madder otheviluin sppcifled•in the Condominium Instruments 15 3 3 Igiplic&Approird'l.tiy Mortgagee..; { The failure of an Eligible Mortgagee oc insure r to respond within thirty (30) days to any written request of the Association delivered by certifie'il or rQgistered mail,,"retutn receipt requested" for approval of an amendment to the Condominium Instruments, wherever Eligible ]vfortgagee or'Insurer aRproval`is required, shall constttti`te arc implied approval of the addition or amendment r 154 Development Rights No,ISevelopment Rights may be exercised or voluri` arily abanloned or torminated -by flic. Declarant unles§* all persons holding mortgages inthe`laevelopment Rights consent to the exera►sc,."bandonmerit, ot•termrttatiorr' Is 5 Irispecti0n of Books Th'eAssodiation.m' ustM=.taincurrentcopiesoftheDeclaration,Bylaws,Articlesoffocorli'oratlon,RulesandRegulations, books and records:and fitnanoa7 statements The Association shall permit any Eligible Mortgagee•or other first mortgagee of a Unit, to•:inspect tKebdoks aild records of the Association during normal business hours r556„ EinanciafStatements' 1, The Associatiop shall proyi6e any Mortgagee who submits a written request, a copy of an annual financial statementwithm one hundred twenty (120j'''day� following the'end of &cli fiscal ygar of,the Association Such financial statement shall be audited by an independent certified public accountant if `' (a) The Condominium contains fiffy or;itirore.Units. fn which g6se the qo�t of the audit shall be a Common Expense, or (b) The Condominium contains fewer tlian fit' Units and any.8hgibte Mortgagee or' -Eligible Insurer requests it, in which case the Eligible Mortgagee or Eligible Insurer shall bear,the cost of the audit 157 Enforcement so ;'The provisions of this Article are for the benefit of Eligible Mortgagees and Eligible Insurers and their successors, and may p'e enfofced by any of them by any available means, at law, or in equity Attendance at MegLngs Ahy,,:repre§&ntative of an Eligible Mortgagee may attend and address any meeting which a Unit Owner may attend IS'9 AiVomtment of.Trustee,' In the event bf dalriage c r d�estructioh:.undex' ArticleXI or condemnation of all or a portion of the Condominium, any Eligible IVlo!tg" agee mayregdire that su4h proceeids:b'eipayable;fb a` i-pstee established pursuant to Section 117 of this Declaration Proceeds will thereafter b6 distrtliuted,.pursuanl`to ArticIe,XTt r, urs46 to a condemnation award 15 10 Limitations on Moria.aees';Ris No requirement for approval cop6ined'tn this Artiele.tnay opera"i0c, (1) 4bny;or delegate control over the general administrative affairs of the Association by'the Uhit Ovmers;or the Bogrd,of Directors, or (2) prevent the Association or the Board of Directors from commencing, intervcnmg in, 6r setting ar'iy ]'itigatioh or'_proceedinj, 'oT receiving and distributing any insurance proceeds except pursuant to RCW 64 34 352 .5'I 51 I' •1 .r r' j i., a. :.-`AFTER RECORDING RETURN TO: UGH-L C. EWIS, ATTORNEY AT LAW, P 'and Drive, Suite 220 EL LIN69XM, WA 98226-6643 .......... 11111111111111 1 001911 M CN 26.00 TITLE OF DOENT:FIRST AMENDMENT TO DECLARATION FOR AUBURN AIRPORT HANGAR CONDOMINIUM AF# OF AFFECTED DOPPITENT:,." AA # 20 �03, 0415000674 4" INC. V PROPERT. GRANTOR: A LATION `AL PUBLICGRANTEE: ABBREV, LEGAL DESCRIPT16j4%..... BUkA.--, AIRR6"-RT HANGAR CONDO, AF # 000415060674j" T ON.-,:., ATTODECLARA Ii FIRST AMENDMENT FOR AUBURN AIRPORf%4 CQNDOw DEVJ60PME�ff.,RrGHT PURPOSE: TO EXERCISE TO ADD ADDITIONAL PHASh, HZS '. MENT"Is made this 3 day of Ti u 0- 2005, by AVIATION RQPERTIE, S,N a Washington Corporation ("Declarant"). --`WjT1,-MSSETH THAT: WHEREAS, the Dqolafant eK'e`8ute�::': certain Condominium Instruments establishing AUBURN AIRPORT HAN(aA-k,CONDOMIMUM':::in.,)*Kin"Coun ty, Washington and caused the Declaration to be recorded in the land records of KingiCounty, W6hinjton,af*-Auditor's File No, 20030415000674, along with a Survey Map and Plans, which wer'6-60`htqmpbrageouqjy req`6rded at Auditor's File No. 20030415000673; WHEREAS, pursuant to R0W 64"34-2`36 aiiid 17.6 of the Declaration, the Declarant may unilaterally amend the Condon-riniuihlnst.rumgntsftiom tim6 to tithe to exercise Development Rights; and WHEREAS, in Section 3.3.1 of the Declgr&ioh, th6 Dedlaraft r6serv.Q6 domin6d Development Rights to — Tn and creating develop the Condominium in up to four "Phases" by addi'n�'g:it:n"prq:`emtho, 6ntst` ru.. sw 'h t 1 ty i�aclgdp4 in the additional Units, Common Elements, or Limited Common I�lemdnt ith.1 erea ropor Condominium; and Pagel w WHEREAS, the Declarant now wishes to exercise one or more of such Development Rights and has created.,additional improvements, Units, Common Elements, and Limited Common Elements as more particularly described below, all for the purpose of creating an additional Phase of Development, known as 'Tha-se 2"2 consistmg of seventeen (17) additional Units, as described in Section 3.3.1 of the Declaration. NOW, THEREFORE, pursuant to and in compliance with Section 3.3.2 of the Declaration and RCW G4.34',236'the;3�eclarant lxeteby amepds,;ihe following Sections of the Declaration, as follows: l .2.•1' Reft ]rence tdFiistAm,endment to Survey Map. " Cont rnpcirqeously w%th the r" ,datiop 6f.;tfi`is Amendment, the ]declarant has recorded with the Auditor of King County? "Washing6A A First:Ainohdi�lbnt to the Survey Map and Condominium plans, showing the location and di1pe' nsi9:h: s of thenewi-Utu•ts and other improvements constructed or contemplated to be constructed' for Phase 2 ,tif this"Condal-A niuin, together with other information required by the Condominium Act; this First Anlendment'ie the Survey dap and Plans;is recorded at Recording No. — among the larid:i•ecords of king.-"CoLu ty;:'4 lash iigton, on,; 2005. ,fin o.s o 9 0 of Qr� 3.2 Buildings, The` Condominium presently contains five.(S) buildings c'ontainin ,Units, altof whit are depicted on the Sux.'Vey Map' and Plans, as Amended. 3.3 eve] 'oment'.Rits. 3.3'.1 ;Deso6vtion. o change' `4;.lA-`" Number of -.-`Units F.ollo hig Amendment. The Condominium contains thirty-eight (38) Units. The location �'of : existing` Units wiibin the buildings and their dimensions are shown on the Condominium Survey lvtap and Mans, asamezlded;..The First Amendment to Exhibit B to the Declaration attached hereto contains a,At•of all Units,their• id�intifying numbers, location, style and the Allocated Interests appurtenant:to'each;;Unit: The Allo.6ated' Interests have been reallocated among all Units in accordance with Section 3.3.2'bf the 154,1arati6n acid wifth RCW...64.34.236(1). 6.1 Limited Common Elements. (No Change.) 20. Certificate of Completion of All Units Declarant hereby certifies, pursuant to RCW 64.34.200(2), that all structural components and mechanical systems of all buildings containing or comprising any Units in the'Condominium, including the Uz ts:add6d,b this Amendment, are substantially completed. Exhibitg. ..'Attached heieto is the �ust Azx�eridment,,to Exhibit B to the Declaration. EXCEP I:;.,s n difiad by this Amend merit,. all of the terms and provisions of the Condominium Instruments are hereby express ratified arc -:b "' firmed and shall remain in full force and effect. IN WITNESS WHEREOF; the;beelarari hA caused thii Amgn'clm*ent to be executed as of the date first written above. ?ECLAkAN I AVIATION 1?Ra1?hI2TIES%n INC.;s' S Its %'r#:5. Page 3 :STAT1; OF WASHINGTON ) ss. COtNTY;0F KING ) ,I.gertify'#hat I know or have satisfactory evidence that _w t t L � ykrn v is the person who appeared, before me, and said person acknowledged that he signed this instrument, on oath 5tated''tllat;he vras.:authorizec to execute.•.the instrument and that he acknowledged it as the President of the ' )eplaranf, AVIATIOI�I, ?ROf')aR 'It INS. to be the free and voluntary act of such party for the uses and "p.u,>`pos(pis nio bned'in this it striiment.• DATEtY: 1'� o ` ;• t�OS. �, ;, r� NOTARY.PUBLIC in and for the State of ��z�;ZvUS!~EE::' Washington."'My comrinision expires: STATE O� WASHENGTQN:,'- TURRANCE R. !(iail~,St7W... Mpy ppnintmen5 Expires May 1, 2006 Page 4 CONSENT BY GROUND LESSOR CITY'16� AUBURN, a Washington municipal corporation, as the Lessor under the Ground Lease described iui'Sectior13:4 "of the Declaration for this Condominium, hereby consents that the new Phase of development ye' Mcted in this Amendment to Declaration may be created in accordance with the foregoing. I -AT6 this 'day of" 2005. SSOR: CITY OF AUBURN, a Washington Municipal Gory a Fruited Name: Title STATE OF WASHINGTON ) " ss. COUNTY Off`;SING } I.hereby eeiVy that I know or have satisfacNyx. idence that :,•," T�: -. ✓+ is the person Who appgared before me, and said person acknowledged'that (s)he signed this instrument, on oath stated tk at ()he was authorized to execute the instrumeiYt and i ack iowledge it..;as th'e Commission President of'CITY OF AUBURN, a Washington Municipal Corp orat qn, t5 e the•;free'and':voluntary act of such" arty"for the uses and purposes mentioned in the instrument. 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