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HomeMy WebLinkAbout25-022 Approving the Final Plat for the Landes Terracae Application, Located in Jefferson County Tax Parcel No: 948302901Resolution 25-022 RESOLUTION NO.25-022 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, WASHINGTON, APPROVING THE FINAL PLAT FOR THE LANDES TERRACE APPLICATION, LOCATED IN JEFFERSON COUNTY TAX PARCEL NO: 948302901. WHEREAS, on August 29, 2023, the Hearing Examiner for the City of Port Townsend conditionally approved the Associated Preliminary Plat File No. LUP22-076 and Site Development Permit File No. SDP24-002; and WHEREAS, on February 9, 2025, the applicant received Civil Plan approval to begin work on constructing the roads and the public and private infrastructure required in the preliminary plat approval under File No. SDP24-002; and WHEREAS, on May 8, 2025, under File No. LUP25-021, the City of Port Townsend accepted a complete application for Final Plat Approval; and WHEREAS, the applicant has submitted a bond for remaining public infrastructure to be completed as identified in SDP24-002; and WHEREAS, the final drawings of the proposed final plat and requested documents were circulated to the appropriate departments of the City and recommendations for approval were obtained; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Port Townsend, as follows: Section L..Findin: The City Council hereby finds that, pursuant to Port Townsend Municipal Code Title 17 and Title 18, the Landes Terrace — Final Plat (Exhibit A to this resolution): 1. Meets all general requirements for plat approval as set forth in Chapter 18.16 PTMC, General Requirements for Full Subdivision Approval except as described in the conditions below; and 2. Conforms to all conditions of the preliminary plat; and 3. The applicant and the appropriate departments of the City have agreed to amend the plat at time of recording to clarify ownership of easements and maintenance responsibilities; and 4. Meets the requirements of Chapter 58.17 RCW, other applicable state laws, Title 18 PTMC, and all applicable ordinances which were in effect at the time of preliminary plat approval. �Sectioll. p : rowel Conditions: The City Council hereby approves Landes Terrace Final Plat under File No. LUP 25-003, subject to the following conditions: 1. The Landes Terrace Final Plat along with Exhibit A (Survey and Legal Description) and Exhibit B (Conditions of Approval Report, Dated September 13, 2023) shall be signed and Resolution 25-022 recorded with the County Auditor prior to recording the final plat. (Exhibit B to this resolution) 2. The Declaration of Covenants, Conditions and Restrictions for Landes Terrace Final Plat shall be recorded with the County Auditor prior to recording of the final plat. (Exhibit C to this resolution) 3. Final plat approval is specifically conditioned upon amendment to the final plat to clarify ownership of easement(s) and tree maintenance responsibilities. These amendments shall be approved by City staff prior to recording of the final plat. Section 3. The City Council directs all appropriate City officials to inscribe and execute the City's written approval on the face of the plat. Section 4. The Applicant shall record the final plat with the County Auditor, after all inspections and approvals, and after all fees, charges and assessments due to the City resulting from the subdivision development have been paid in full. ADOPTED by the City Council of the City of Port Townsend at a regular meeting thereof, held this 21 st day of July 2025. z —_...�.. 1Javid Mayor Attest: w Ny a R "ygue ,m "t.y(ZN THROUGHLOTS I AND • THROUGH 32, INCLUSIVE, ALL rn BLOCK ► OF EISENBEISADDITION OF PORT TOWNSEND,AS ► ► PLAT RECORDED IN VOLUME 2 OF PLATS, PAGE 24, RECORDS OF JEFFERSON COUNTY, !li��ll�ilill!ll���i�•l��'iii������,i��'iii��l��ill�l�illi���ll��l' • U uat Orsroh"no., AND#.-.-.-.-S 713-PRACEF RNA L 1-1 AT / PLAI" Al.MRUJON "Mi" AND E ArCE ss F "I... ww, "". ,,, '/4, —ri- PA, Al"", .. _,", "", , ­ .11, 0' PART ..'som 4A`v 4,A. C."i ... L PiMrV A, HABITA I fORHUMANHYPARTO OF i.Asr,N,olinstm cool P0. BOX658 mg"t PORT 7014l WA gi W. CLARAl / )i FOI —­1 OF IANI I M fil COLIl APPi PUCIUC WORKS Mi CEll Ail P.. 'A., g, to AAWV, A= Brnc JAM 0 ONANCI UMCMH'S CHIMCAP, iq q fl, AM vl� , '- lli"t .,l mew"wAN ."o Alt f �r�"JR 4 v w,I -, .10 -A 1h mi 'f--, t4t,, cU ".1 1. .11 Oil l4, nl PIS IIIAIIIII, 1- 1 — tK - . I'll BANOSCAPWC AND MU r0lill VA f0l; l"w 'ON, raw ,! l iu ,h , .1l,, tVf OIA —M C,rmHC-IM li- prrj OCCLARA nON AND DEDICA flON, —7-M, ICAl liuwiv MAI 0 11 ,,A— l, � I At i Ar".11A ON. l,- zlAi i V.l ill, M0414 IL =� 1, , 1.1"N", 1� W� A I'll �w Ale ACI, Ii w a bw WaAx q MIN ll At o'll 1,04, m Aw 01 2 PLANNiNG AND COMMUNITY DEMLOPMENr DEPARTMENT 011 CERRFACArr. w o", A, ""L'o --�l QXA I LtLNU 0404,t "M 'Y� Al I",trw HART AT FOR HUMANITY Of FA51 JUriERsQN COUNTY, ............. IIAI ... 'I'll, I., 11-11A— ZK, '7"i"'ki, 'g, Digt b , hw.... .IEFn:RSL'N COUNTY rVIAIURER CERnmi —V 4, 41,41 A. 0 AMkw VA C"IfO R,W—io mllU 0, w 1.11-Ir 01"Oh ASSESSOR'S APPROVAL. —my P,,i, AM APPROVCD BY THE' CYTY OF PORT' MWNSEND� AlamrVs CfHRP,CA7l`: flili N-1 Al PI p na 1 lii­ ­ I W V­ tV Al- -'I A",.' MA, t� —M i,� AM"', 0,01011 It . ................ hk4m,q m nar G NrW . . .......... z gA-qm — A, All l. ON4.— 'I" All R11,1140 I'M 1A, "w "'N". Aw ""Ai-c ,,A "'i Nmw 'i ;, 'l .'i il*J+M, 'qw- Am o"ro "lia IIgArk our 1— A' iii .4r ­ 11 11-11AI y llM , 9-M,09$ 1Ni.1 1- 11K IIAI ha , VU Afth , v JN,w - h, I � I -I - --� 4 I FINA1 Wy � p II 16TH Sr. aM PAW lr r. o ..... . ..... q I ANDES "ITRUMU" -'. OW, -s,", '0-% -,., -rw" oRr row5mo Jewi om cou-m wA5,,,,,4'iQkPd 111-11111 1. )RHUMANIfYOf IASI AP10501000UNTY Awn ;VIP 07f 11AkV PROCEMRM VT AW 99"ft 11.1 VIA VI I. I q 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 DECISION The proposed preliminary plat/plat alteration is approved for the reasons identified in the Conclusions of Law, subject to the following conditions: GENERAL I . Development shall be carried out in substantial conformance with the submitted plans and reports (Ex. D-K) except where modified by these conditions of approval or by the subsequent Street and Utility Development permit (SDP). The Plat Alteration portion this approval includes the alley in Block 29 of the First Supplemental Plat of Eisenbeis Addition. CONDITIONS RELATED TO THE FINAL PLAT PP/PA p. 12 Findings, Conclusions and Decision 0 r 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2. Per RCW 58.17.140(3)(a), the applicant shall have applied for final Plat/Plat Alteration approval within five (5) years of date of preliminary approval. 3. Final Plat/Plat Alteration approval shall be presented by the applicant as required by City code and shall indicate the precise location of all required dedications and easements per these conditions of approval. The applicant's surveyor shall be responsive to comments from the County Assessor (Ex. L). 4. The applicant shall provide a mylar reproduction of the Plat/Plat Alteration to Port Townsend Planning and Community Development for review and approval (5 paper copies and one electronic .pdf version) as part of the final Plat/Plat Alteration approval process. Said mylar shall contain the acknowledged signatures of all parties having an ownership interest in the subject property as evidenced by a plat certificate prepared by a local title company. Said plat certificate, or any update provided, shall be less than 30 days old. As part of the Final Plat application, the applicant shall prepare and submit a Final Landscaping and Tree Conservation Plan (TCP) for review and approval by the PCD Director. The submitted Final Landscaping and TCP must be prepared by a landscape design professional, arborist, or tree service professional and shall include a watering plan to be installed as part of the construction. The applicant shall provide a watering plan for proposed new trees. The plan must provide for adequate watering of the newly installed trees at the time of planting and through the dry periods (typically May through September) for a minimum of three years in compliance with PTMC 19.06.110(A)(14). The Final TCP must include a commitment to planting at least 33 tree unit credits. 6. A notation on the face of the final Plat/Plat Alteration map as required by PTMC 19.0 will provide future purchasers with reference to the resulting Landscaping and Tree Conservation Plan (TCP) requirements. To receive final Plat/Plat Alteration approval, all required improvements set forth in the subsequent Street and Utility Development permit (e.g., street, driveway and utility improvements) and the approved Final Landscaping and Tree Conservation Plan must be installed (with conveyance and acceptance by the City as applicable) or bonded for. The amount of the performance security for any bonded items shall be based upon the current cost estimate of all materials and construction costs, including applicable tax. The performance security shall consist of a performance bond in a form acceptable to the City Attorney and in an amount acceptable to the Director and consistent with city code. Cash deposited in an escrow account may also be accepted by the city. All required landscaping plantings shall be installed within six months of approving the performance security unless a longer time period is agreed to by the PCD Director. 8. The approved Plat/Plat Alteration shall not become effective until the mylars required for recording have been filed with the Jefferson County Auditor. While the City will assist in recording the Plat/Plat Alteration mylar, the Applicant is responsible for all fees associated with recording. All property taxes due and owing on the subject property must be paid in full prior to obtaining the signature of the Jefferson County Treasurer. PRIOR TO ISSUANCE OF DEVELOPMENT PERMITS 9. The power plan, which can be obtained from the PUD, will be submitted with the Street and Utility Development Permit Application. PP/PA p. 13 Findings, Conclusions and Decision 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 10. To ensure compliance with City Engineering Design Standards, together with the street and utility installations required by this decision, the following plans must be prepared and submitted with a completed application for a Street and Utility Development Permit (SDP). a. Engineered plans for the public streets, serving this project including but not limited to the location of all driveways, turn around areas, sidewalks, and drainage facilities. b. Engineered plans for water and sewer mains and services for the project. c. Final engineered stormwater drainage plan and report including construction drawings complying with the requirements of the 2005 Department of Ecology Stormwater Manual for Western Washington and the Port Townsend Engineering Design standards must be submitted to PCD and approved by the Public Works Department. Said plan and report shall include detailed operation and maintenance (O & M) provisions for the completed facilities. 11. Revised CC&Rs: Once approved by City engineering staff, O&M provisions must be formatted by the applicant (or their engineer) and incorporated into the required CC&R for review and approval by city staff prior to recordation. The CC&R shall clearly indicate those items that may not be amended without City approval. This includes stormwater facilities, parking, shared utility lines, cleaning of the 16th Street and Landes sidewalks, and maintenance of street trees and all frontage vegetation. Healthy trees on the slope at the rear of lots 313, 413, 513, 613, 7B abutting the Landes Street right-of-way shall be retained. Trees may be selectively limbed but not topped. 12. The following conditions augment the submitted application. The materials in the application are included as conditions of approval except as provided below. :jAn MrttattioIi. a. 16`h_...Street: Provide a T-8 street section including sidewalk from Landes to the alley. Extend paving with a T-9 Street west of the alley thru the frontage to the Hill Street right-of-way. Paving of the street shall be incorporated into the drainage control berm design proposed. b. 16"' 'Stre�.t: The applicant shall evaluate parking on 16th during design and shall assess: i. turning templates showing alley access by East Jefferson Fire Rescue. ii. passing of two passenger vehicles on 16th given the short block length and proximity to Landes. iii. need for provisions in the CC&R to place "no parking" signs. iv. On -street parking shall not be painted. 16"' 'street Option: If the applicant desires parking on both sides of 16t" and a continuous width for two vehicles to pass one another, a wider street width is required. PP/PA p. 14 Findings, Conclusions and Decision 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 c 16"" Street: provide a non-molorized connection to the existing llil�l Sir-eet trail frorn the end of"paving linrlls orr 16th Strect. Install city provided `Public Trail" signs for ("Jill Street trails oil l6th with boulders to deter parking in front of the trails. d 1.t rdc:, Stre t:: One streetlight at the intersection r l' 16th Street and Landes per the City's Street fighting policy (Ordinance 3271) is required. e. Alley: The alley shall be paved asphalt and constructed to a minimum width of 16 feet consistent whlr the application materials within the property and then 12.5 lec;t. wide with 2 I`t shoulders from the property line to 14th Street. Trees shall be limbed to provide a minimum 15 foot of clearance for emergency vehicles. f. Emergency Access: The applicant shall work with East Jefferson Fire and Rescue to ensure safe emergency vehicle access. The applicant shall also maintain the street trees to ensure unobstructed emergency vehicle access. Water"_until I;tydrrnt; g. No exceptions or conditions to the submitted plans are required. Sirnitar-Y 5�zv r h. All private shared utilities lines shall be maintained under the homeowner's association. City approval of the homeowner's association language is required. Sto vv er i. Water quality treatment is required for the project site. New impervious areas for the alley and 16th Street shall be counted together as one site to determine if water quality thresholds are exceeded. Basic Treatment shall be provided per the 2005 Stormwater Management Manual for Western Washington. j. Flow control is exempt for projects that discharge to Kah Tai Lagoon given its connectedness to the Salish Sea. k. The project may use the cartridge type filters for stormwater treatment, but the City will not maintain or replace filters, as required per the manufacturer's operations and maintenance guidelines. If used, the homeowner's association shall maintain the filters. See the stormwater manual for other basic treatment options. 1. The applicant shall not be required to improve the overflow controls in the 16th Street right-of-way west of Hill Street as this is a City responsibility. Plans shall reflect City to install a beehive or equivalent inlet structure at the 16th street culvert inlet and quarry spall protection for overflow events. PRIOR TO ISSUANCE OF BUILDING PERMITS 13. The Applicant shall apply for and receive final Plat/Plat Alteration approval prior to the issuance of building permits. PP/PA p. 15 Findings, Conclusions and Decision Filed for Record at Request of: Habitat for Humanity of East Jefferson County P.O. Box 658 Port Townsend, WA 98368 WV1.511iol tows State Recorder's Cover Sheet i CW 65.011 Document Title: Declaration for Landes Terrace Reference Number(s) of Related Documents: (Final Plat Survey) Grantor: Habitat for Humanity of East Jefferson County ................ ... _.. ...... Grantee: Habitat for Humanity of East Jefferson County Salish Coast Housing, LLC Landes Terrace Homeowners Association Abbreviated Legal Description: Lots 1-I I & 29-32, Blk 29, Eisenbeis Add.. V 2, Pg 24 Additional legal description on page Exhibit A of document Assessor's Property Tax Parcel/Account Number(s): 948 302 901 (Individual numbers not yet assigned) ..... _.. .................. ........I HFHEJC\CCR.HOA.LANDES TERRACE .04.10..2025 DECLARATION FOR LANDES TERRACE (This Declaration is an easement or covenant that requires the owners of separately owned parcels of real estate to share costs or other obligations as contemplated under RCW 64.90.115. As a result, the Property to which it is subject is not a common interest community under the Washington Uniform Common Interest Ownership Act, Ch 64.90 RCW. ) NO"1'ICE REC'ARDING RESALE AND LEASING RESTRICTION' LANDES TERRACE IS A HABITAT FOR HUMANITY OF EAST JEFFERSON COUNTY PROJECT DEVELOPED FOR SALE TO INCOME -QUALIFIED BUYERS ONLY. ALL HOMES ARE SUBJECT TO RESALE RESTRICTIONS, LEASING PROHIBITIONS, AND THE RIGHT OF HABITAT OR ITS SUBSIDIARY TO REPURCHASE THE HOME FOR THE RESTRICTED PRICE. Landes Terrace was developed by Habitat for Humanity of East Jefferson County as a permanently affordable residential development available for purchase by income - qualified buyers who will occupy the Home as their primary residence. Each buyer of a Landes Terrace Home must be income -qualified by Declarant at the time of purchase and satisfy all criteria for participation in Declarant's program for permanent affordability in effect at the time of purchase. The price at which an Owner may resell their Home is permanently restricted. The Home may not be leased to others, even on a short term basis, without the prior written consent of the Ground Lessor. As a condition of purchase, each Owner must sign a Ground Lease or restrictive covenant that limits the resale price of the Home to ensure it remains affordable to the next buyer and which grants to Declarant a first right to repurchase the Home and interest in the Lot at the restricted price. These restrictions are a condition of participation in Declarant's permanent affordability program and compliance is required to purchase a Home in the Landes Terrace development. Do not purchase a Home if the restrictions described in this Declaration, in the required Ground Lease or restrictive covenant, and other recorded documents are not acceptable to you. HHIIFA` CCIR HOB,.LANDES 'MRIfYACF 04.0CP.2025 This Declaration for Landes Terrace is made and dated for references purposes and effective on - _ ......... ., 2025, by HABITAT FOR HUMANITY OF EAST JEFFERSON COUNTY, a Washington non-profit corporation, hereinafter referred to as "Declarant." RECITALS A. Declarant is the owner of that certain real property located within Jefferson County, Washington, and legally described on Exhibit A attached hereto (the "Property"). B. Declarant desires to subject the Property to the covenants, conditions, restrictions, easements, and reservations set forth below. SUBMISSION OF THE PROPERTY TO THIS DECLARATION Declarant, being the sole owner of the Property, hereby submits the Property to the terms of this Declaration and declares that it be forever held, sold, conveyed, encumbered, ground leased, occupied and improved subject to the following covenants, conditions, restriction, reservations, grants of easement rights, rights of way, liens, charges and equitable servitudes, which are for the purpose of protecting the Property as a permanently affordable housing development for income qualified individuals. This Declaration shall be binding on all parties having any right, title or interest in the Property or any part thereof. This Declaration shall run with the land and bind Declarant, its successors and assigns, all subsequent owners of the Property or any part thereof, together with their grantees, successors, heirs, executors, administrators, or devisees. Any conveyance, transfer, or sale of a Lot shall and hereby is deemed to incorporate by reference all provisions of this Declaration. This Declaration shall be enforceable by the Ground Lessor, the Association, and any first Mortgagee of any Home. ARTICLE I DEFINITIONS Section 1.1 Definitions. For the purposes of this Declaration and any amendments hereto, the following definitions shall apply. "Act" means the Washington Uniform Common Interest Ownership, Act (RCW Chapter 64.90). "Approved Number of Homes" means fourteen (14) Homes for the Property. "Articles" shall mean the articles of incorporation of the Association.. "Assessments" shall mean all sums chargeable by the Association against a Lot, including, without limitation: (a) general and special Assessments for Common Expenses; (b) charges and fines imposed by the Association; (c) interest and late charges on any delinquent account; and (d) costs of collection, including reasonable attorneys' fees, incurred by the Association in connection with the collection of a delinquent Owner's account. -1- HFHEJC\CCR.HOA.LANDES TERRACE .04.10.2025 "Association" shall mean the Landes Terrace Homeowners Association, a Washington non-profit corporation, as described more fully in Article 3, and its successors and assigns. "Board" shall mean and refer to the Board of Directors of the Association, as provided for in Article 4. "Bylaws" shall mean the bylaws of the Association as they may from time to time be amended. "Common Areas" shall mean the improvements that benefit more than one Owner including, without limitation, shared utility lines including side sewers, shared entry paths, storm water filters serving the Property (including those that may be located within the public right of way), any community mailbox kiosk (wherever located), the trees and landscaping identified in the Landscaping and Tree Conservation Plan (including those located within the public right of way), any retaining walls that are not conveyed to and accepted by the City of Port Townsend, and community signage, if any. Shared Improvements which are a part of the Home such as party walls, shared roofs, and shared foundation systems are not Common Areas. "Common Expenses" shall mean the expenses and liabilities of the Association, including, but not limited to, insurance and costs related to the maintenance (including watering), repair, replacement of the Common Areas. "Common Expense Liability" shall mean the allocation of Common Expenses to the Owners of the Homes equally, unless otherwise specified in Section 2.4.1. "Declarant" shall mean Habitat for Humanity of East Jefferson County, a Washington non-profit corporation. "Declaration" shall mean this Declaration for Landes Terrace and any amendments thereto. "Easements" shall mean those certain easements for utilities, access, ingress, egress identified on the Plat or otherwise recorded in the official records of Jefferson County, Washington and encumbering all or any portion of the Property for the benefit of the Owners and/or other beneficiaries. "Ground Lease" shall mean any one or more ground leases entered into by the Declarant or an affiliate of Declarant, as ground lessor, with the purchaser of a Home, as ground lessee, for the possession of the land comprising the Lot pursuant to and on the conditions set forth in such Ground Lease. As provided in Article 18 below, if Homes are sold on a fee simple, rather than ground leased basis, then the term "Ground Lease" as used herein shall include the Permanent Affordability Restrictive Covenant signed by Owner and Declarant or its assigns in connection with the sale of the Lot and the term "Ground Lessor" as used herein shall mean Declarant and/or its subsidiary. -2- HFHEJC\CCR.. HOA. LAN DES TERRACE 04..10 2025 "Ground Lessor" shall mean the ground lessor under the any one or more Ground Lease. "Home" shall mean the residential improvements constructed on a Lot. "Landscaping and Tree Conservation Plan" shall mean the final Landscaping and Tree Conservation Plan approved by the City of Port Townsend in connection with the development of the Property. "Lot" shall mean and refer to any of the unit lots shown upon the recorded Plat of the Property. Declarant shall retain title to the land comprising the Lot, unless fee simple conveyance is required to obtain financing for the Home and/or Declarant otherwise elects to sell fee simple title subject to a Permanent Affordability Restrictive Covenant. Ownership of a Home shall include the right to occupy the Lot pursuant to a Ground Lease from Declarant. "Member" shall mean a person entitled to membership in the Association pursuant to Section 3.5 of this Declaration. "Mortgage" shall mean a recorded mortgage or deed of trust that creates a lien against a Home and/or an Owner's leasehold interest in the land pursuant to a Ground Lease. "Mortgagee" shall mean the beneficial owner, or the designee of the beneficial owner, of an encumbrance on a Home or Lot created by a purchase money Mortgage. Mortgagees shall have the same voting rights as the owners of any Lot subject to such Mortgage. "Owner" shall mean the owner of record, whether one or more persons, of a fee simple title to any Home. "Plat" shall mean the Landes Terrace Plat, recorded in the official records of Jefferson County, Washington, under Recording No. _ together with any and all subsequently filed amendments, corrections, or addenda. "Property" shall mean the real property more particularly described on Exhibit A and all improvements and structures now or hereafter placed on the Property. "Shared Improvements" shall mean improvements that benefit two or more Lots but are excluded from the definition of Common Areas, such as party walls and shared roof and foundation systems. ARTICLE 2 COMMON AREAS Section 2.1 1;Je�serit)tion oaf(,,onin,ioti Arca. The Common Area consist solely of improvements serving the Property that benefit more than one Lot including without limitation, shared utility lines, if any, including shared side sewers, shared entry paths, storm -3- HFHEJC\CCR,HOA. LAN DES TERRACE .04,10..2025 water filters (including those that may be located within the public right of way), any community mailbox kiosk (wherever located), the trees and landscaping identified in the Landscaping and Tree Conservation Plan (including those located within the public right of way), any retaining walls that are not conveyed to and accepted by the City of Port Townsend, and any community signage. As used herein, Shared Improvements are not included in the definition of the Common Area. Declarant reserves the right to create additional Common Area by easements recorded after the Plat is recorded. Designation of an improvement as a Common Area does not change the ownership of the improvement. Any Common Area located on an Owner's Lot shall be owned and insured by such Owner unless otherwise provided herein or in a separate deed of conveyance. Section 2.2 Use of Common Area. Owners shall have the right to use the Common Areas for the purposes for which they were created, subject to this Declaration, the Bylaws, any rules and regulations adopted by the Association and the terms and conditions of all applicable Easements and the Ground Leases. The Association may totally bar or restrict use or access to portions of the Common Area if ordinary use could be dangerous, unreasonably increase Association costs, or be detrimental to the designated use of such Common Areas. Section 2.3 DafnLl t ,'onlni n Area,. Each Owner shall be personally liable for any damage to any Common Area or any other area maintained by the Association or to any other property of the Association, whether real or personal, if caused by the negligence, willful misconduct or gross negligence of an Owner or the Owner's family member, guest, agent, or invitee or failure of the Owner to comply with a maintenance standard set forth in any applicable Ground Lease, any applicable rules and regulations adopted by the Board and/or in this Declaration. The Association may record a lien upon the Owner's Home and/or Lot for the amount of such damages as determined by the Board. Section 2.4 Maintenance. 2.4.1 General. .mm-__----The Association shall have full responsibility for the maintenance, repair, replacement and improvement of the Common Area, including any common utilities located therein, to the extent they are not maintained by a public utility. All such areas and facilities shall be reasonably maintained for their intended use, subject to applicable governmental restrictions. The cost of such maintenance, repair and replacement shall be included in the Association Budget. If a Common Area serves a limited number of Lots (shared entry paths, side sewers, etc.), such costs shall be allocated only to those Lots served by the particular Common Area. If a Common Area benefits the Property generally, such costs shall be allocated equally among all Lot Owners. For avoidance of doubt, Common Area that benefit the Property generally include, without limitation, storm drain filters (whether or not located within the public right of way), trees and landscaping located in the public right of way, any retaining walls that are not conveyed to and accepted by the City of Port Townsend, any community mailbox kiosk, and community signage. To the extent any utilities serving the Property are not separately metered to specific Lots, the Association shall be named as owner on the utility account and all such charges shall be included in the Assessments as a Common Expense. 2.4.2 Side Sewers. The Association shall be responsible for the maintenance, repair and replacement of all shared side sewers located on the Property. The cost -4- H F HEJC\CCR.. HOA.. LANDES TERRACE,04.10..2025 of such maintenance, repair and replacement shall be included in the Association Budget and assessed solely to the Lots served by the particular side sewer requiring work. The Association reserves the right to seek reimbursement from any individual Owner responsible for damaging any side sewer as a result of improper use or otherwise. Owners shall be solely responsible for the maintenance, repair and replacement of any side sewer that serves only their Lot. 2.4.3 Power„ Outlet. Declarant reserves a right of entry over the Property to locate and install a power outlet for use by the Association. An easement is hereby reserved in favor of the Association for the purpose of accessing, maintaining, and using such power outlet, if constructed. Section 2.5 Association Functions. There is hereby reserved to Declarant and the Association or their duly authorized agents and representatives such easements over the Property as are necessary to perform the duties and obligations of the Association as are set forth in the Declaration, or in the Bylaws, and rules and regulations adopted by the Association. Section 2.6 Ground Lessor Ri wl7l t to !!Le. The Association's obligation to maintain the Common Areas in the manner described in this Declaration is a requirement of each Owner's acquisition of a Home through Declarant's permanent affordability homeownership program. If the Association fails to maintain, repair, or replace those improvements and/or to perform any other work required by applicable governmental entity or otherwise in this Declaration, the Ground Lessor reserves the right (but not the obligation) to do so and charge each Owner a proportionate share of such costs as an additional fee due under the Ground Lease. ARTICLE 3 OWNERS ASSOCIATION Section 3.1 1-stablishinerrt,. There is hereby created an association called the Landes Terrace Homeowners Association. Section 3.2 Form of Association. The Association shall be a nonprofit corporation formed and operated under the laws of the State of Washington. Section 3.3 Articles„ and Bylaws. Declarant will adopt Articles of Incorporation and Bylaws to supplement this Declaration. In the event of any conflict between this Declaration and the Articles or Bylaws for such nonprofit corporation, the provisions of this Declaration shall prevail. Section 3.4 Board. 3.4.1 hoard C ornppgsition. The affairs of the Association shall be managed by a Board. The number of Directors which shall constitute the initial Board shall be at least three (3). Directors appointed by the Declarant need not be Owners. After control of the Association passes to the Owners (as provided in Section 3.4.2 below), directors shall be owners of the Homes. At least one third (1/3) of the terms of the members of the Board shall expire annually -5- I-IFHEIC\CCR.HOA.LANDES TERRACE .04.10 2025 as provided in the Bylaws. In addition to the initial board members, the Ground Lessor shall be entitled to appoint an additional director to serve on the Board in an advisory, non -voting capacity. The Ground Lessor appointed board member need not be a member of the Association. 3.4.2 Declarant Control. Declarant shall have the right to select some or all of the directors until the earliest of the following events happens: (1) a date sixty (60) days after the conveyance of seventy-five (75%) of the Homes to income qualified individuals; or (2) a date two (2) years after the last conveyance or transfer of record of a Home except as security for a debt; or (3) the date on which Declarant records an amendment to the Declaration to voluntarily surrender the right to further appoint and remove officers and members of the Board. Upon the happening of any of the foregoing events, the directors selected by Declarant shall resign, to be succeeded by directors elected by the Owners, and the control of the Association thereafter pass from Declarant to the Owners. During the period of Declarant control, Declarant may veto or approve a proposed action of the Board or the Association, provided such action is taken in writing within thirty (30) days after receipt of written notice of the proposed action. Failure of Declarant to timely veto or approve a proposed action shall be deemed approval by Declarant. 3.4.3 Dircclors fironn Owners_ , mohited bv Declaramt. Not later than sixty (60) days after conveyance of twenty-five percent (25%) of the Homes to owners other than Declarant, at least one (1) member (and not less than twenty-five percent (25%) of the Board) must be elected by Owners other than Declarant. Further, no later than sixty (60) days after conveyance of fifty percent (50%) of the Units, not less than one-third (1/3) of the Board must be elected by Owners other than Declarant. 3.4.4 Election by Members of Directors. Within thirty (30) days after the termination of the period of Declarant control, the Owners shall elect a Board of at least three (3) members, a majority of whom must be Owners. The Board shall then elect its officers from the members of the Board, as set forth in the Bylaws. The members of the Board and officers shall take office upon election. 3.4.5 Removal of a Director. The Owners, by a two-thirds (2/3) vote of the members of the Association present and entitled to vote at a meeting of the Owners at which a quorum is present, may remove any member of the Board with or without cause, other than a member appointed by Declarant during the period of Declarant control. Declarant may not remove any member of the Board elected by the Owners, even if that Director was elected during the period of Declarant control. Further, prior to the termination of the period of Declarant control, the Owners, other than Declarant, may remove by a two-thirds (2/3) vote any Director elected by the Owners. -6- IHF'H EX'tCCR MA.ILAN11)E:S'I'IGktRACIn' 04 10,2025 3.4.6 Standard of Care. The duty of care required of Directors shall be ordinary and reasonable care. However, if the statutory standard of care is, at any time, different than the standard of care set forth herein or in the Bylaws, this Declaration and/or the Bylaws shall be deemed amended so that the standard of care shall be that standard set forth statutorily in the State of Washington. This subsection shall not apply where the consequences of such act, omission, error, or negligence are covered by the insurance obtained by the Board. 3.4.7 Indemnification. The Association shall indemnify its directors and officers against all liability, damage, and expenses arising from or in connection with service as directors and officers of the Association to the maximum extent and under all circumstances permitted by law as otherwise as provided in Section 10.2. 3.4.8 Ground Lessor Consent l0,. All actions taken by the Association shall be consistent with and in full compliance with the provisions of the Ground Leases unless the prior written consent of the Ground Lessor is obtained. 3.4.9 Appointment of Prole i:ssional Directors. Active management of the Association through the Board is a requirement for purchase of a Home within Habitat's permanent affordability program. If Owners fail to elect directors and officers to manage the Association, or such directors and officers fail to perform the duties described in this Declaration or the Bylaws, the Ground Lessor may, upon thirty (30) days prior written notice to each Owner, retain professional directors to lead the Association and charge the fees and costs for such service to each Owner as an additional fee due under the Ground Lease. Section 3.5 Membershi_p. The individual owners of each Home shall automatically be members of the Association. Membership in the Association only terminates when such individuals no longer own a Home. Membership is appurtenant to and may not be separated from ownership of a Home. Owners covenant and agree that the Property shall be managed in compliance with this Declaration, each individual Ground Lease, the Articles and Bylaws of the Association and any rules and regulations of the Association. The Articles and Bylaws provide that the affairs of the Association shall be managed by a Board. Section 3.6 Voting. There shall be one voting owner or agent for each Home. Such voting owner or agent shall be designated by the owner or owners of a Home by written notice signed by each party with an ownership interest, which notice shall be filed with the Secretary of the Board. The voting agent need not be an owner. Any designation of voting owner or agent may be revoked at any time by any one of the parties with an ownership interest in the Home on written notice filed with the Secretary of the Board. Such designation shall be deemed revoked when the Secretary receives actual notice of the death or judicially declared incompetency of the owner of the Home, or of the conveyance of such ownership interest. When no designation is made, or where designation has been made and revoked and no new designation has been made, the voting owner shall be the person or group composed of all owners of that Home who attend any meeting of the Association; however, votes may not be split by multiple owners of a Home. Thus, if multiple owners cannot agree on a vote, their vote will not be counted on a vote of the Association -7- HEHEJC\CCR HOA.LANDES TERRACE 04,10 2025 membership, even though those owners may be counted for purposes of a quorum (as if abstaining). As used in this Declaration, the term "total voting power" shall mean the total number of votes, as described above, which may be exercised at the time the vote is taken. Section 3.7 Transfer ol" Membership. The membership in the Association of each Owner (including Declarant) shall be appurtenant to the Home giving rise to such membership, and shall not be transferred in any way except upon the transfer of title to the Home, and then only to the transferee of title to the Home. Any attempt to make a prohibited transfer shall be void. Any transfer of title to a Home shall operate automatically to transfer the membership in the Association to the new Owner. Section 3.8 Books and Records. The Board shall cause to be kept complete, detailed, and accurate books and records of the receipts and expenditures of the Association, in a form that complies with standard accounting principles. The Board or a majority of the Owners may at any time require an annual audit prepared by an independent certified public accountant which shall be paid for by the Association. Section 3.9 Inspection of Association Documcnts. Books., and , Rectards. During normal business hours or under other reasonable circumstances, the Association shall have available for inspection by Owners, the Ground Lessor, prospective purchasers, and holders, insurers, or guarantors of any first mortgage, current copies of the Declaration, Articles of Incorporation, Bylaws, the most recent financial statements including delinquency reports, meeting agendas and minutes, and all rules and regulations governing the Association. The Ground Lessor and any Owner, holder, insurer, or guarantor shall, upon written request and without charge, be entitled to an audited financial statement, for the preceding year. If there is no audited statement available, the Ground Lessor and any Owner, holder, insurer, or guarantor may have an audited statement prepared at the Ground Lessor's, Owner's, holder's, insurer's, or guarantor's expense. The statement shall be furnished within a reasonable time following the request. An annual audit prepared by a certified public accountant is required if the annual assessment of the Association equals or exceeds fifty thousand dollars ($50,000). If the annual assessment of the Association is less than fifty thousand dollars ($50,000), an annual audit is also required but may be waived annually by Owners (other than the Declarant) holding a majority of the votes in the Association. "Available" shall mean available for inspection upon request, during normal business hours or under other reasonable circumstances. The Association may require the requesting party to pay a reasonable charge to pay the cost of making the copies. The dollar amounts in this Section shall be subject to adjustment in the manner provided in RCW 64.90.065. Section 3.10 Notice to Ground Lessor/ `1cetin.- ttendancq. The Association shall give written notice to the Ground Lessor if any Owner of a Home has for more than 60 days failed to meet any obligation under this Declaration including payment of Association assessments or fees. Ground Lessor may attend any meeting of the Association or the Board and designate a representative for such purposes. The Board shall give the Ground Lessor no less than (10) days' prior written notice of all meetings of the Board or the Association. Such notice shall include copies of the meeting agenda and all supporting documentation for the matters under -8- 111 pUL`CCI12.,HOALANiDIL52�IfRACE041C2025 consideration (draft budgets; assessment delinquency reports, bids for proposed work; contracts, minutes to approve; etc.). ARTICLE 4 MANAGEMENT OF THE ASSOCIATION Section 4.1 Administration or the Prop r The Owners covenant and agree that the administration of the Property shall be in accordance with the provisions of this Declaration and the Bylaws of the Association which are made a part hereof. Administrative power and authority shall be vested in the Board. Section 4.2 Authority "and Duties of the Board. On behalf of and acting for the Association, the Board, for the benefit of the Property and the Owners, shall have all powers and authority permitted to the Board under this Declaration including, but not limited to, the following: 4.2.1 Levy, collect, and enforce the collection of, Assessments, as more particularly set forth in Article 7 hereof, to defray expenses attributable to carrying out the duties and functions of the Association hereunder. 4.2.2 Require any officer of the Association handling or responsible for Association funds to furnish adequate fidelity insurance, the premiums for which shal l be paid by the Association. 4.2.3 Impose and collect charges for late payment of Assessments as further provided in Section 7.9 and in accordance with such procedures as provided in this Declaration, the Bylaws, or rules and regulations adopted by the Board, levy reasonable fines in accordance with a previously established schedule thereof adopted by the Board and furnished to the Owners for violations of this Declaration, the Bylaws, and rules and regulations of the Association. 4.2.4 Enter into agreements with one or more qualified persons to assist it in carrying out its obligations under this Declaration, collecting Assessments, sending notices to Members, operating Association meetings, and other regular activities of the Association. 4.2.5 Contract and pay for any materials, supplies, labor or services which the Board should determine are necessary or proper for carrying out its powers and duties under this Declaration, including legal, accounting, management, utilities or other services. 4.2.6 All checks, drafts, or other orders for the payment of money, notes, or other evidences of indebtedness in the name of the Association shall be signed by such officer or officers, agent or agents of the Association and in such manner as is from time to time determined by the Board. Section 4.3 Adoption of rules and ons. When and to the extent it deems advisable, the Board may adopt reasonable rules and regulations governing the operation, -9- HFHEC\CCR,HOA.LANDES TERRACE.04,102025 maintenance or use of the Common Area, Lots and Homes and other matters of mutual concern to the Members, which rules and regulations shall be consistent with this Declaration and the Bylaws and which treat all Members fairly and in a non-discriminatory manner. Section 4.4 Additional ,Powers ol" the Assoc iatioN7;.. In addition to the duties and powers of the Association, as specified herein and elsewhere in this Declaration, but subject to the provisions of this Declaration, the Association, acting through its Board, shall have the power to do all other things which may be deemed reasonably necessary to carry out its duties and the purpose of this Declaration. Section 4.5 Professional Managgncn . If required by the Ground Lessor, the Board of the Association shall enter into a contract for professional management of the Property, subject to the prior written consent of the Ground Lessor as to the management company and the form of contract. The maximum term of such contract shall not exceed one (1) year, and the contract shall be terminable without cause on thirty (30) days written notice; provided that any such termination by the Association shall require the prior written consent of the Ground Lessor. ARTICLE 5 INSPECTION RIGHTS The Association shall have the right, but not the obligation, to conduct inspections and tests from time to time of all or any parts of the Common Areas in order to ascertain the physical condition of the improvements and to determine whether maintenance, repairs or replacements of any such improvements are indicated. The Association shall have the right to make such repairs at it deems appropriate and such rights of entry on, over, under, across and through the Lots as may be reasonably necessary to exercise the rights described in this Section. The Association shall provide reasonable advance notice to Owners of inspections and repairs. -10- kIFIFN `,JC'AvCIR,1FIOALANY.,9V S'��IFRRA6"IE 04 II02025 ARTICLE 6 USE RESTRICTIONS AND MAINTENANCE OBLIGATIONS Section 6.1 Maintenance of Homes and Lots. 6.1.1 Association_ 1� s . onsibility. The Association shall be responsible for maintenance, repair and replacement of the Common Areas. The costs relating thereto shall be allocated in accordance with Section 2.4.1 above. 6.1.2 Owner Res o� nsibility, Association Right to _Repair at Owner Cost. Except as otherwise provided in this Declaration, each Owner, at the Owner's cost and expense, shall promptly and continuously maintain, repair, replace and restore all interiors and exteriors of their Home and other portions of the Owner's Lot, in a sound, good, clean, attractive, safe and sanitary condition and in full compliance with all applicable laws, the provisions of this Declaration, any rules and regulations of the Association, and the applicable Ground Lease. An Owner shall be liable for any damage or loss caused by the failure to comply with these maintenance standards. If any Owner fails to maintain, repair, replace or restore their Home and Lot after written request from the Board and a reasonable opportunity to do so, the Association may maintain, repair, replace or restore such items or areas at the Owner's expense. The Association shall levy a special Assessment against the Owner for all such expenses. The Association shall have the irrevocable right, to be exercised by the Board and its agents, to access each Home and Lot from time to time during reasonable hours as may be necessary for the maintenance, repair or replacement of Common Areas accessible therefrom or for making emergency repairs therein necessary to prevent damage to the Common Areas, or to do any cleaning, maintenance, repair and replacement work which the Owner is required to do but has failed or refused to do. In addition, either Habitat or Ground Lessor may do so and charge the defaulting Owner the cost of such work as additional rent or stewardship fee under the Ground Lease or any applicable permanent affordability restrictive covenant signed by Owner. An easement over the Property for performance of the work contemplated under this Section is hereby reserved in favor of the Association, Habitat, and the Ground Lessor, which easement shall run with the land and bind all current and future Owners of the Property. Reimbursement of maintenance, repair, or replacement costs under this Section shall be paid within thirty (30) days of the written request of the Association, Habitat and/or the Ground Lessor, as applicable, provided, if agreed in writing by the entity incurring the cost, (i) in equal installments over a period of time, or (ii) upon sale of the Home consistent with the procedure for payment of deferred maintenance costs otherwise applicable to Owner under the Ground Lease or restrictive covenant signed by Owner when it acquired the Home. Any maintenance, repair, or replacement costs that are not paid within thirty days of request shall accrue interest at a rate of 10% per annum or such lesser rate allowed by law until paid in full. Owner's reimbursement obligation to Habitat and the Ground Lessor under this Section is secured by any and all deeds of trust granted by Owner for the benefit of Habitat or Ground Lessor and shall remain a personal obligation of such Owner regardless of any subsequent sale of the Home. -11- �11t 1H1FIC'\C'C R HC§A LANDES"CIEIRRAC;113.G4 10,1:025 Section 6.2 Park il ig. An Owner may park not more than two (2) operational motor vehicles on their Lot at any one time. Unassigned public parking spaces on the street may be used on an as -available basis and consistent with applicable ordinances provided on street parking shall not be painted. Parking shall not block or interfere with use of the alley, any driveway, sidewalks, public rights of way, or fire lanes. Violations of this Section shall subject such vehicles to impound by the Association, at the expense and risk of the owner thereof. If emergency vehicle access to the alley is impaired due to parked vehicles, the Association shall post "no parking" signs where required by the City. Section 6.3 Phnivewa s Parking lads Shared I:,ntr l'Krtltwa and Sidewalks. Driveways, entryways, and parking pads located on each Lot shall be maintained by the Owner of the Home located on that Lot. The shared entry pathway serving Lots 1 B and 2B shall be maintained by the Association with costs shared equally by the Owners of the Homes located on such lots. Each driveway and pathway shall be used exclusively for normal access, ingress and egress. No obstructions shall be placed within shared pathways. The Association shall be solely responsible for maintenance of any sidewalks located within a public right of way in a condition that is fit and safe for purposes of public travel and is free of any obstruction or defects including but not limited to snow, ice, and mud. Section 6.4 residential Iise/Primer qjesidencc. Subject to Section 6.7 below, all Homes shall be used only as single family residences and as the sole primary residence of the Owner(s) of each Home and such Owner's immediate family. Section 6.5 Lease Restriction:/ l in eshag irk ��rohibiled. Short term vacation rentals (such as VRBO or AIRBNB) and time sharing of the Homes and/or any Lot is strictly prohibited. Longer term residential tenancies of a portion of a Home coincident with an Owner's occupancy of that Home as their primary residence are allowed only with the prior written approval of Ground Lessor, which may be given or denied in its sole and absolute discretion. Section 6.6 Prohibited Activities. No illegal activity, excessive noise or activity which interferes with or jeopardizes any other Owner's use and enjoyment of their Lot or their Home shall be carried on. Section 6.7 Businesses. To preserve the residential character of the neighborhood, no Owner or member of the Owner's household shall be allowed to conduct any business on a Lot or within a Home which creates a nuisance or unreasonably interferes with the privacy and peaceful enjoyment of other Owners. Section 6.8 Animals and Pets. Owners shall observe and obey all applicable laws and codes applicable to the care and control of pets. Pets may not be kept, bred, or maintained for any commercial purpose, and shall not endanger the health or unreasonably disturb the Owners or occupants of other dwelling units, and shall not create a nuisance. Owners shall not allow dogs to run at large, and shall promptly clean-up and dispose of any droppings or waste from their pet(s). No farm animals, livestock or poultry of any kind shall be raised, bred or -12- IH:IfIINll7C1E"Q:`R.IIE4".SA,.LA.NDE" FERRlACE•n',6)4.I0202.5 kept on the Property or within any Home. The Association may adopt additional rules regarding the keeping of pets. Section 6.9 Outdoor Fires,. Outdoor barbecues may be used for cooking on Lots when permitted by law. Reasonable and adequate precautions against fires must be taken. Excessive smoke or soot accumulation from fires is not allowed. No outdoor fires are allowed on any Lot unless contained within a small fire pit that is sold or constructed for that specific purpose and located no less than five (5) feet from any Home. No grills are allowed on covered porches. Section 6.10 I aelldscat�mg-�tLd Strue:l,. Trees. 6.10.1 The Property is subject to the Landscaping and Tree Conservation Plan (the "Plan") binding on the Association and all Owners. The Association shall maintain and water trees located within the public right of way in compliance with the Plan. All costs related thereto shall be a Common Expense shared equally among all Owners. Declarant reserves a right of entry over the Property to locate and install a hose bib and associated water meter to provide the Association the means of watering trees and required vegetation in the public right of way in compliance with the Plan. An easement is hereby reserved in favor of the Association for the purpose of accessing, maintaining, and using the hose bib to comply with its obligations under the Plan. 6.10.2 Each Owner shall maintain and water all landscaping and trees installed on their Lot in compliance with the Plan. All costs related thereto shall be borne by the Owner. Landscaping shall be kept neatly mowed and weeded. Any noxious weeds and dead plants shall be promptly removed and replaced. An easement is hereby reserved in favor of the Association for the purpose of accessing, maintaining, and watering the trees and landscaping on the Owner's lot in accordance with the Plan should the Owner fail to do so. Any costs incurred by the Association to do so shall be the sole responsibility of the Owner. 6.10.3 The Association shall maintain street trees to ensure unobstructed emergency vehicle access. Healthy trees abutting the Landes Street right of way shall be retained and selectively limbed but not topped. Section 6.11 Fences. Owners shall abide by all applicable height restrictions and fencing ordinances and laws applicable to the Property. No fence shall be constructed on any Lot without the prior written approval of the Board, which may be granted or denied in its sole discretion. If approved, the Owner requesting permission to build the fence shall maintain and keep it in good repair, at its own cost. Section 6.12 Exteriors. Habitat designed the Homes and landscaping to be harmonious, compatible, and complementary to each other. Ground Lessor may prohibit, require or regulate any modification or decoration of the Homes or Lots which are visible to the public. In order to preserve a uniform external appearance, Ground Lessor has adopted a uniform palette of exterior colors that must be maintained. Exterior colors of each dwelling unit and exterior -13- HFFIEJC\CCR.HOA.LANDES TERRACE.04,.10.2025 improvements (fences, etc.) are not subject to change provided Owners may select exterior door colors from a pre -approved palette provided by Ground Lessor. The approved palette extends to any portion of a dwelling unit that is visible to the public. Section 6.13Share(] Improvements. This Section shall govern the maintenance and other obligations of Owners for shared improvements that are not included in the definition of Common Areas such as foundation piers, floors, beams, party walls, roofs, and other structural members or elements common to Homes which are built as part of the original construction, are placed upon or straddle the dividing line between adjacent Lots, and actually support or protect adjacent Homes. 6.13.1 If Shared Improvements are in need of repair, the Owners who benefit from the Shared Improvements shall attempt to agree on the scope of work, the contractor to be hired, the timing of the work and the allocation of costs before construction commences. If the Owners are unable to agree within fifteen (15) days of either Owner's delivery of a written proposal to the other, then the Owner making such proposal may submit the dispute to the Board of Directors of the Association for resolution after notice and opportunity to be heard. The decision of the Board of Directors shall be final. If the Board of Directors determines that the work is reasonably necessary, the Owner making the proposal may cause the work to be completed consistent with that proposal and seek reimbursement from the other Owner for its proportionate share provided if the need for any maintenance or repair work is caused through the willful or negligent act of an Owner or his or her family, guests, or invitees, the cost of such maintenance or repairs shall be borne by that Owner alone. If that proportionate share or entire cost is not paid within thirty (30) days of request, the Owner causing the work to be done may file a mechanics lien against the other Home for that amount and any costs of collection incurred by the Owner (including attorneys' fees and costs). If the Owner (the "Defaulting Owner") fails to perform its obligations under this Section including, without limitation, repairing damage caused by the Defaulting Owner, the Association may perform such action and the Defaulting Owner shall promptly reimburse the Association for all costs and expenses (including attorneys' fees and costs) incurred with interest thereon at five percent (5%) per annum until paid and any amounts not so paid shall become a lien on the Home of the Defaulting Owner in accordance with the provisions of RCW 64.90.485. 6.13.2 Subject to the requirements of any other agreement signed by an Owner and Ground Lessor, if Shared Improvements are destroyed by fire or other casualty, either Owner may repair and restore them and the other Owner shall contribute fifty percent (50%) of all repair costs, subject to adjustment if the damage was due to the negligence or willful acts or omissions of either or both of the Owners. All Shared Improvements shall be repaired or rebuilt using the same or better standards of construction and shall be the same size and configuration as the original improvements constructed by Declarant. 6.13.3 Declarant hereby reserves and declares for the benefit of each Home with Shared Improvements, in perpetuity, an easement over that portion of the adjacent Lot on which the Shared Improvements are located for the use, maintenance, repair and -14- IHIFHF.ud.`\G"CIR.I110A LA.NDFS'1fIERRACIF,.Q74.➢QY.2025 replacement of the Shared Improvements, together with the right of entry after reasonable notice onto the adjacent Lot and Home to perform such work. Section 6.14 Cone in Lill ityMailbox. An easement is hereby reserved over the Property, as necessary, for Owners and the Association to access and use any community mailbox serving the Property. All Owners shall share equally in the cost to maintain, repair, rebuild, and replace any community mailbox through an assessment levied by the Association. Section 6.15 Wilidow (". overin s. Non-traditional or alternative window coverings such as, but not limited to, blankets, sheets, cardboard, towels, posters, etc. are prohibited on a Lot or within a Home, whether temporary or permanent. Owners shall not replace the screens in the windows or doors of the Homes except with materials of similar color and quality to those originally installed. Section 6.16 Antennae. All satellite dishes, television antennas, and other communication devices must be permanently attached to the Homes they serve. They shall not project above the highest point of the roof. Section 6.17 1U%isl�,"�a im�„ nNo Lot or Home shall be used or maintained for the dumping of rubbish. The Owner of each Home shall ensure that all rubbish, trash, and garbage is regularly removed and placed in the trash bin provided for that purpose and is not allowed to accumulate within the Home or Lot. No trash, rubbish, and garbage shall be accumulated outside of a Home, including any deck, porch, balcony, patio or driveway. Trash, rubbish, and garbage shall be placed in approved receptacles and shall be placed at designated times in designated locations within the neighborhood for pick up by the municipality. No garbage shall be disposed of by burning. All trash collection devices, rubbish containers, recycling containers or composting bins shall be returned to each Lot on the day of collection. Owners shall adequately secure them after use to prevent bird, animal, rodent or insect attractions or infestation. Section 6.18 Use and Dis,12osgl of l lazardous Substances. Owners shall comply with all state, federal, and local laws and regulations governing or in any way relating to the handling, storage, use, dumping, discharge, or disposal of any hazardous substance or material on their Lot, in their Home, and on the Property. Owners shall not dispose of or discharge any hazardous substance or materials within the Home or on any Lot, Common Area, public street, or any other area located within or adjacent to the Property. Section 6.19 Prohibited Structures, Trailers�ehi,cles and Boats. No outbuilding shall be constructed on, moved to, or located on any Lot without the prior written consent of Ground Lessor. In addition, no recreational vehicles or inoperable and/or unregistered vehicles (including boats and boat trailers) will be permitted on any Lot, or parked or stored on any Common Area or street. No structure of a temporary character, such as a trailer, tent, garage, barn or other outbuildings shall be used on any Lot at any time as a dwelling unit, or for other habitable purpose, either temporarily or permanently. Storage sheds and play structures are permitted provided the design, materials, and finish is consistent with the Homes, and the -15- HFHEJC\CCR.HOA.LANDES TERRACE ..04..10.2025 construction complies with all governmental rules, such as setback requirements and obtaining the necessary permit from the applicable local jurisdiction. All structures, including storage sheds, shall be equipped with a door adequate to prevent their contents from being visible from any public right-of-way and be kept closed except when in use. Section 6.20 hILdpingnt. All mechanical equipment, such as fuel storage tanks (except solar collectors), propane tanks, and heat pumps larger than 40" w x 40" h x 15" shall be screened so as not to be visible from any public right-of-way, unless otherwise approved by Ground Lessor in writing. No window air conditioning units may be installed in any Home. Section 6.21 [Jnsif May or Unkempt (:onn itions, The accumulation of items, materials, and other objects on any Lot or the Home (including any porches or patios), and overgrown landscaping or other conditions that may create a nuisance, are not allowed. Section 6.22 Rk t of Way _lsn�'ovenicnts. Any right of way or alley improvements constructed or installed by Habitat in connection with the development of the Property shall be maintained by the Association, unless ownership of such improvements has been transferred to a governmental entity. The costs to do so shall be shared equally by all Owners. If the Association fails to maintain, repair, or replace those improvements and/or to perform any other work required by applicable governmental entity, the Ground Lessor reserves the right to do so and charge each Owner a proportionate share of such costs as an additional fee due under the Ground Lease. Section 6.23 Rgle leer Party Walls. Foundation piers, floors, beams, walls, roofs, and other structural members or elements common to Homes which are built as part of the original construction, are placed upon or straddle the dividing line between adjacent Lots and actually support or protect adjacent Homes shall be regarded and treated as party walls. This Section shall govern the maintenance and all other obligations of Owners with respect to party walls. The cost of repair, replacement, and maintenance of a party wall shall be borne by the Owners sharing the party wall as a Shared improvement under Section 6.13 above. No Owner of a Home with a party wall shall have the right to cut into or otherwise gain access to, the interior of a party wall for any purpose without the prior written consent of the Association and the other Owner. Each Owner shall indemnify the Owner of the Home adjoining the party wall for any damages caused by that Owner. No such act shall adversely affect noise transmission between Homes or the fire rating of the wall assembly. Interior decoration excepted, no Owner of a Home with a party wall may make any changes to or alterations of a party wall without the prior written consent of the Owner of the Home adjoining the party wall and the Association. Speakers shall not be attached to a party wall. Section 6.24 Addition Alteratio oo�r Iw�n7eayt by l-ome Owner. A Home Owner may not make any improvements or alterations to the Owner's Home without the prior written approval of the Board and the Ground Lessor. In no event will any improvements or alterations be made that (i) affect the structural integrity or mechanical or electrical systems or lessen the support of any portion of the Home, (ii) change the appearance of the Common Areas or the exterior appearance of a Home, or (iii) are not in accordance with the provisions of the -16- HrHEJC\CCR.HOA..LANDES TERRACE .04..102025 applicable Ground Lease. The Board and the Ground Lessor shall have the obligation to answer any written request by the Owner, which request shall include, the proposed work plans and specifications within thirty (30) days after such request. Failure to do so within the stipulated time shall constitute a consent by the Board or the Ground Lessor, as the case may be, to the proposed addition, alteration or improvement. ARTICLE 7 ASSESSMENTS Section 7.1 Creation of the Lienwww and Personal Obligation of Assessments, Each Owner is deemed to covenant and agree to pay to Association any Assessment duly levied by the Association as provided herein. Such Assessments, together with interest, costs, late charges and reasonable attorneys' fees, shall be a charge on the Owner's Home and a continuing lien upon the leasehold interest of the Owner (or on the Lot and Home if sold in fee simple). Each such Assessment, together with interest, costs, late charges and reasonable attorneys' fees, shall also be the personal obligation of the person who was the Owner of the Home at the time when the Assessment fell due. The personal obligation for delinquent Assessments shall not pass to his successor in title unless the lien for such delinquent Assessments had been properly recorded prior to title transfer or unless expressly assumed by that party. Common Expenses shall include: (1) any common expenses defined in this Declaration; (2) the cost of any insurance policies maintained by the Association; (3) all charges for utilities used in connection with maintaining any Common Area including without limitation, any shared irrigation and lighting systems, and all charges for utilities for individual Homes which costs, if not separately metered, shall be paid to the utility provider by the Association and submetered by the Association through a third party billing provider for allocation to and collection from individual Home Owners based on usage; (4) the cost of repair or replacement of any portion of the Property covered by insurance in excess of the insurance proceeds and reserves. (5) the costs of all maintenance and repair obligations of the Association including the cost of maintaining the Common Areas, unless otherwise assessed to specific Owners under Section 6.13; (6) any taxes, assessments, fees and any other charges levied on the land by Jefferson County or any other governmental entity; (7) any shared expenses not listed above but which are approved by the Board as Common Expenses; -17- VNII6NV-I.ACCuB,IFM„L N%SIk'S"IfTRIdACE04102025 (8) reserves in an amount determined by the Board and otherwise acceptable to the Ground Lessor; and (9) all other amounts the Board may deem necessary or advisable for the lawful exercise of its powers and duties. I' otwitlistandin , the ro e (li , (10) any Common Expense associated with the operation, maintenance, repair, or replacement of a Common Area shall be paid by the Owner causing the need for such Common Expense, to the extent the maintenance, repair, or replacement of the Common Area results from unusual or abnormal wear and tear caused by such Owner; (11) assessments to pay a judgment against the Association may be made only against the Homes at the time the judgment was entered in proportion to their allocated Common Expense Liability at the time the judgment was entered; (12) to the extent that any Common Expenses are caused by the misconduct of any Owner, the Association may assess that expense against the Owner's Home; and (13) each Owner is responsible to pay all sewer capacity charges and similar assessments applicable to their Home for new sewer connections including any monthly sewer capacity charges payable over time and commencing at the time of the original connection. The Board shall at all times act to insure that Assessments are sufficient to maintain the Common Area in a condition which is safe, attractive in appearance and structurally sound. The Board shall set monthly Assessments to include sufficient reserves as necessary for projected maintenance and capital improvement requirements, in order to minimize the need to impose special Assessments on the Owners. Section 7.2 Liabilit Ibr Assessments. Any Assessments which may be levied from time to time pursuant to the authority of the Board shall be established in accordance with this Article, except for Assessments levied against an Owner for the purpose of reimbursing the Association for costs incurred in bringing the Owner or their Home or Lot into compliance with the provisions of this Declaration. Common Expenses shall be allocated among Lots in accordance with Section 2.1 above; provided, however, Declarant shall not be obligated to pay any Assessment levied against any Lots owned by it unless a Home has been constructed on the Lot and the Home is occupied. No Owner may exempt themselves from liability for their Assessments by abandoning their Home. Section 7.3 Association BU&dg t . The initial budget for the Association shall be adopted by Declarant, which shall be based on a total development consisting of the Approved Number of Homes with Common Area according to Declarant's current plans. Subsequent budgets shall be prepared by the Board, subject to ratification by the members of the -18- HFHEXTCR HOA,LANDES TERRACE,04.10.2025 Association as provided below. The budgets shall set forth sums required by the Association for the completed development, as estimated by the Board, to meet its annual costs for Common Expenses, including a reasonable sum for reserves for future major repairs and replacements for which the Association is responsible. The initial reserve payment shall be established based on a reserve study obtained by Ground Lessor. The Association shall adjust that payment over time to provide a reasonable reserve account for payment of future repairs and replacements to the Common Area. If at any time Ground Lessor questions whether the reserve balance is sufficient for future repairs or replacements of the Common Area, Ground Lessor, in its sole discretion and at its sole cost, may obtain a reserve study satisfying the requirements of RCW 64.90.545. If the reserve balance held by the Association is less than eighty percent (80%) of the amount recommended for reserves in that reserve study, the Association shall amend the budget to increase the reserve payment to the amount recommended in such study. Failure of the Association to so amend the budget, or failure of the Owners to approve the budget so amended, shall constitute a default under this Declaration by the Association and each Owner in its individual capacity. Ground Lessor may pursue all remedies available to it at law or in equity as a result of such default including, without limitation, an action for specific performance or claim for damages. Notwithstanding the foregoing, any Owner may cure any individual default for such failure by paying directly to Ground Lessor the amount that such Owner would have paid the Association for such reserve payment if the budget had been amended and approved. Ground Lessor shall hold all such payments in trust for the Association for future repairs and replacement of the Common Areas. This Section shall not be amended without the prior written consent of the Ground Lessor. Section 7.4 Ratification of ludg4. Within 30 days after adoption of any proposed budget for the Association after the initial budget adopted by Declarant, the Board shall provide a summary of the budget to all the Owners and shall set a date for a meeting of the Owners to consider ratification of the budget not less than 14 days nor more than 50 days after mailing of the summary. Unless at that meeting the Owners to which a majority of the votes in the Association are allocated reject the budget, the budget is ratified, whether or not a quorum is present. In the event the proposed budget is rejected or the required notice is not given, the periodic budget last ratified by the Owners shall be continued until such time as the Owners ratify a subsequent budget proposed by the Board. Section 7.5 Supplemental Budget. If during the year the budget proves to be inadequate for any reason, including nonpayment of any Owner's Assessments, the Board may prepare a supplemental budget for the remainder of the year. A supplemental budget shall be subject to ratification by the Owners pursuant to Section 7.4. Section 7.6 Lev of Assessmctats. In order to meet the costs projected in its operating budget, the Board shall determine and levy on every Owner of a completed Home (other than Declarant unless the Home is occupied) a general Assessment for Common Expenses. The Association's operating budget for Common Expenses shall be allocated equally among the Owners, except for expenses related to Common Areas serving fewer than the Approved Number of Lots which shall be allocated solely to the Owners served by those Common Areas (e.g. shared pathways). The regular Assessments provided for herein shall commence as to all completed Homes (Homes to which certificates of occupancy have been issued by the local governmental authorities) on the making of an Assessment by the ELM Iflll 111EJC\C'C'R I OA,LAAIfSIEs TE'IR1RACE,04,N0,2125 Association, or within sixty (60) days after the date of conveyance of the first Home, whichever is later. Section 7.7 Amount of General Assess inents. The Board shall make reasonable efforts to determine the amount of the general Assessments payable by each Owner for an Assessment period at least 30 days in advance of beginning of such period. Notice of the general Assessments shall thereupon be sent to each Owner subject to Assessments; provided, however, that failure to notify an Owner of the amount of an Assessment shall not render such Assessment void or invalid. Any failure by the Board, before the expiration of any Assessment period, to fix the amount of the general Assessments hereunder for the next period, shall not be deemed a waiver or modification in any respect of the provisions of this Article or a release of any Owner from the obligation to pay the general Assessments, or any installment thereof, for that or any subsequent Assessment period. Section 7.8 Assessment Period. The general Assessments fixed for the preceding period shall continue until new Assessments are fixed. Upon any revision by the Association of the operating budget during the Assessment period for which each budget was prepared, the Board shall, if necessary, revise the general Assessments levied against the Owners and give notice of the same in the same manner as the initial levy of a general Assessments for the Assessment period. Section 7.9 Manner and Twiwm ol" l'a �r�c� m% h xtcCharge,.. Assessments shall be payable in such reasonable manner as the Board shall designate. The Association may from time to time establish reasonable late charges and a rate of interest to be charged on all subsequent delinquent Assessments or installments thereof. Delinquent Assessments shall bear interest from the date of delinquency at the rate of five percent (5%) or the highest rate per annum allowed by law on the date on which the Assessments became delinquent, whichever is lower. Section 7.10 Initial Contribution to Reserve Funds. In connection with the closing of the sale of each Home, if required by Declarant, the purchaser thereof shall pay to the Association, as a nonrefundable contribution, (i) an operating reserve fund contribution in the amount determined by the Declarant, which amount shall not be considered as an advance payment of regular Assessments, and (ii) a capital reserve fund contribution for future capital improvements needed for the Property. Declarant shall not use any of the operating reserve fund or the capital reserve fund to defray any of its expenses for development of the Property. Section 7.11 Accounts. Any Assessments collected by the Association shall be deposited in one or more Federally insured institutional depository accounts established by the Board. The Board shall have exclusive control of such accounts and shall maintain accurate records thereof. No withdrawal shall be made from said accounts except to pay for charges and expenses authorized by this Declaration. Section 7.12 Liens for Assessments. 7.12.1 Itigits of Association. The Association has a lien on a Home for any unpaid Assessments levied against a Home from the time the Assessment is due, together with interest, late charges, and attorneys' fees as provided in this Declaration. 7.12.2 Prio�l;xcc tions. A lien under this Section shall be prior to all other liens and encumbrances on a Home except: (a) liens and encumbrances recorded before the recording of the Declaration; (b) a mortgage or deed of trust on the Home recorded before the -20- HFHEJC\CCR,HOA LANDES TERRACE 04,10,2025 date on which the Assessment sought to be enforced became delinquent; and, (c) liens for real property taxes and other governmental assessments or charges against the Home or Lot. 7.12.3 Prio-d[y or tga' cs. Except as provided in subsections 7.12.4 and 7.12.5 below, the lien shall also be prior to mortgages to the extent of Assessments for Common Expenses, excluding any amounts for capital improvements, based on the periodic budget adopted by the Association pursuant to the Act which would have become due during the six (6) months immediately preceding the date of a sheriff's sale in an action for judicial foreclosure by either the Association or a Mortgagee, the date of a trustee's sale in a nonjudicial foreclosure by a Mortgagee, or the date of recording of the declaration of forfeiture in a proceeding by the seller/vendor under a real estate contract. 7.12.4 Reduction of Priorit Period. The priority of the Association's lien against Homes encumbered by a mortgage held by a Mortgagee or by a Mortgagee which has given the Association a written request for a notice of delinquent Assessments shall be reduced by up to three (3) months if and to the extent that the lien priority under subsection 7.12.3 of this Section includes delinquencies which relate to a period after such Mortgagee becomes an Mortgagee or has given such notice and before the Association gives the Mortgagee a written notice of the delinquency. This subsection does not affect the priority of mechanics' or materialman's liens, or the priority of liens for other Assessments made by the Association. 7.12.5 Pr for ity/Nonjudicial Foreclosure. If the Association forecloses its lien under this Section nonjudicially pursuant to RCW Chapter 61.24, as provided by subsection 7.12.8 below, the Association shall not be entitled to the lien priority provided for under subsection 7.12.3 of this Section. 7.12.6 Notice and Perfection. Recording the Declaration constitutes record notice and perfection of the lien for Assessments. While no further recording of any claim of lien for Assessments under this Section shall be required to perfect the Association's lien, the Association may record a notice of claim of lien for Assessments under this Section with the Jefferson County Auditor. Such recording shall not constitute the written notice of delinquency to a Mortgagee referred to in subsection 7.12.2 above. 7.12.7 Three Year Time Limit. A lien for unpaid Assessments and the personal liability for payment of Assessments is extinguished unless proceedings to enforce the lien or collect the debt are instituted within three (3) years after the amount of the Assessments sought to be recovered becomes due. 7.12.8 Foreclosure Options. The lien arising under this Section may be enforced judicially by the Association or its authorized representative in the manner set forth in RCW Chapter 61.12. The lien arising under this Section may also be enforced nonjudicially in the manner set forth in RCW Chapter 61.24 for nonjudicial foreclosure of deeds of trust. The Declarant hereby grants to First American Title Company of Jefferson County (the "Title Company") whose address is 2424 S Park Avenue, Port Townsend, WA 98368, as Trustee, with power of sale, for the purpose of foreclosing on any Home or Lot. The Property is not used -21 - HFF[EJC\CCR.HOA.LANDES TERRACE 04.10,2025 principally for agricultural or farming purposes. This grant is for the sole purpose of securing the obligations of the Owners to the Association for the payment of Assessments. The Title Company, or its successor, shall act as Trustee for the benefit of the Association, as beneficiary. On default by any Owner in the payment of the Assessments, the power of sale shall be operative and on the written request of the beneficiary, Trustee shall sell the trust property in accordance with the Deed of Trust Act of the State of Washington at a public auction to the highest bidder. Subject to the superior purchase option granted to the Ground Lessor under the applicable Ground Lease, any person, including the Association or its authorized representative, shall have the power to purchase the Home at the foreclosure sale and to acquire, hold, lease, mortgage, or convey the same subject to the restrictions in the underlying Ground Lease, except that the Trustee may not bid at the Trustee's sale. The Trustee shall apply the proceeds of the sale as follows: (1) to the expense of the sale, including a reasonable Trustee's fee and attorneys' fees and costs; (2) to the obligation owed by the defaulting Owner; and, (3) the surplus, if any, to those entitled to such proceeds under applicable law and subject to the restrictions and requirements of the applicable Ground Lease. On an express waiver in the complaint of any right to a deficiency judgment in a judicial foreclosure action, the period of redemption shall be eight (8) months. Nothing in this Section shall prohibit an Association from taking a deed in lieu of foreclosure. This power of sale is not an exclusive remedy; the Association may pursue any other remedy available under the terms of the Declaration or at law. 7.12.9 Assessments/Foreclosure. Except as provided in subsection 7.12.3 above, a Mortgagee or other purchaser of a Home who obtains the right of possession of the Home through foreclosure of a mortgage shall not be liable for Assessments or installments thereof that became due prior to such right of possession. Such unpaid Assessments shall be deemed to be Common Expenses collectible from all the Owners, including such Mortgagee or other purchaser of the Home. Foreclosure of a mortgage does not relieve the prior owner of personal liability for Assessments accruing against the Home prior to the date of such sale as provided in this subsection. 7.12.10 Joint and Several Liability. In addition to constituting a lien on the Home, each Assessment shall be the joint and several obligation of the Owner or Owners of the Home to which the same is assessed as of the time the Assessment is due. In a voluntary conveyance, the grantee of a Home shall be jointly and severally liable with the grantor for all unpaid Assessments against the grantor up to the time of the grantor's conveyance, without prejudice to the grantee's right to recover from the grantor the amounts paid by the grantee therefor. Suit to recover a personal judgment for any delinquent Assessment shall be maintainable in any court of competent jurisdiction without foreclosing or waiving the lien curing such sums. 7.12.11 Attorney fees. The Association shall be entitled to recover any costs and reasonable attorneys' fees incurred in connection with the collection of delinquent Assessments, whether or not such collection activities result in suit being commenced or prosecuted to judgment. In addition, the Association shall be entitled to recover costs and reasonable attorneys' fees if it prevails on appeal and in the enforcement of a judgment. - 22 - HV 111UJOC:CRI-tOA„LA.NiDICsIWAR..RACIG.04.Va.7102."S 7.12.12 Assessment Statements. The Association on written request shall furnish to an Owner, Mortgagee, and Ground Lessor a statement signed by an officer or authorized agent of the Association setting forth the amount of unpaid Assessments against that Home. The statement shall be furnished within fifteen (15) days after receipt of the request from any Owner or the Association or Ground Lessor (or earlier if required by applicable law) and shall be binding on the Association, the Board, and every Owner, unless and to the extent known by the recipient to be false. 7.12.13 Remedies Cumulative. The remedies provided are cumulative, and the Board may pursue them concurrently, as well as any other remedies which may be available under law although not expressed herein. 7.12.14 Convevance, Liability of Grantor and Grantee for Unpa14 Common Expenses. In a voluntary conveyance, the grantee of a Home shall be jointly and severally liable with the grantor for all unpaid Assessments against the latter for grantor's share of the Common Expenses up to the time of grantor's conveyance, without prejudice to the grantee's right to recover from the grantor the amounts paid by the grantee therefor. Any such grantee shall be entitled to a statement from the Board setting forth the amount of the unpaid Assessments against the grantor; and such grantee shall not be liable for, nor shall the Home conveyed be subject to a lien for, any unpaid Assessments against the grantor in excess of the amount therein set forth in the Board's statement. Section 7.13 Waiver of Homestead. Under RCW 6.13.080(6), no Owner is entitled to a homestead exemption if the Association forecloses on a lien for unpaid Assessments. Each Owner acknowledges and agrees that it is not entitled to assert a homestead exemption in the case of such foreclosure. For avoidance of doubt, each Owner hereby waives, the benefit of any homestead or other exemption law in effect at the time any Assessment or installment thereof become delinquent or any lien is imposed pursuant to the terms hereof. Section 7.14 Special Assessments. For those Common Expenses which cannot reasonably be calculated and paid on a monthly basis, the Board may levy special Assessments for such expenses against the Owners on the same basis as general Assessments for such expenses. To the extent that any Common Expense is caused by the misconduct of an Owner or tenant of any Home, the Association may levy a special Assessment for the expense against the Owner of the Home. Section 7.15 Records. The Board shall cause detailed and accurate records of the receipts and expenditures of the Association to be kept specifying and itemizing the maintenance, operating, and any other expense incurred. Such records, copies of this Declaration, the Articles and the Bylaws, and any resolutions authorizing expenditures of Association funds shall be available for examination by any Owner at convenient weekday hours. Section 7.16 Certificate of Assessment. A certificate executed and acknowledged b the treasurer g y or the president of the Board (or an authorized agent thereof, if neither the president nor treasurer is available) stating the indebtedness for Assessments and charges or lack thereof secured by the Assessments upon any Home shall be conclusive upon the Association as to the amount of such indebtedness on the date of the certificate, in favor of all - 23 - HFHEJC\CCR.HOA,LANDES TERRACE,04,10 2025 persons who rely thereon in good faith. Such a certificate shall be furnished to any Owner or any Mortgagee within a reasonable time after request, in recordable form, at a reasonable fee. Section 7.17 Curin ,' Of DOIRdt atisfactio�n and Release of Lien. The Board shall prepare and record a satisfaction and release of the lien for which a notice of Assessment has been filed and recorded in accordance with this Article upon timely payment or other satisfaction of all delinquent Assessments set forth in the notice and all other Assessments which have become due and payable following the date of such recordation with respect to the Lot or Home to which such notice of Assessment was recorded, together with all costs, late charges and interest which have accrued thereon. The satisfaction and release of the lien created by the notice of Assessment shall be executed by the president or treasurer of the Association or by any authorized representative of the Board. ARTICLE 8 INSURANCE Section 8.1 General lie uircnients. The Association shall maintain a policy or policies and bonds necessary to provide (a) property insurance (if applicable), (b) commercial general liability insurance, (c) fidelity insurance, (d) directors and officers liability insurance, and (e) such other insurance as the Board deems advisable. The Board shall review at least annually the adequacy of the Association's insurance coverage. All insurance shall be obtained from insurance carriers that are generally acceptable for similar projects, authorized to do business in the state of Washington, and meet the specific requirements of the Federal National Mortgage Association ("FNMA") regarding the qualifications of insurance carriers. Notwithstanding any other provisions herein, the Association shall continuously maintain in effect insurance that meet the insurance requirements for similar projects established by FNMA so long as any of them is a holder of a mortgage or Owner of a Home, except to the extent such coverage is not available or has been waived in writing by them. All such insurance policies shall provide that coverage may not be cancelled or substantially reduced without at least 30 days' prior written notice (10 days for cancellation for nonpayment of premium) to the Association as the first named insured therein. Section 8.2 Owneifs 1_ ro erty Insurance. Each Owner shall carry property insurance for their Home and contents. The property insurance shall, at the minimum and subject to such reasonable deductible as the Board may determine, provide All Risks of Direct Physical Loss coverage in an amount equal to the full replacement cost of the Home and any personal property of the Owner. The cost of property insurance for the Homes shall be an expense of the Owner of such Home. The Owner's policy shall provide a separate loss payable endorsement in favor of the Mortgagee of such Home. Each Owner, the Owner's Mortgagee, if any, and the Ground Lessor, shall be beneficiaries of the policy in accordance with the Owner's interest in the Owner's Lot and Home. Certificates of insurance shall be issued to each Owner, Mortgagee and Ground Lessor upon request. Each Owner of a Home shall be responsible for damage or loss to or within the Owner's Home and Lot up to the amount of the deductible or for any amounts not covered by the Owner's insurance policy. The insurance shall include earthquake insurance if a majority of the Board requires such coverage, and if such coverage is available at a reasonable cost. Section 8.3 Commercial General Liability Insurance. The Association's liability insurance coverage shall insure the Association and the Board and cover the -24- HFHEJC\CCP HOA,LANDES TERRACE 04 10.2025 Association's responsibilities with respect to the Common Areas with a "Severability of Interest Endorsement" or equivalent coverage which would preclude the insurer from denying the claim of an Owner because of the negligent acts of the Association or of another Owner, and shall cover liability of the insureds for property damage, bodily injury, and death of persons arising out of the operation, maintenance, and use of the Common Areas, employers' liability insurance, and such other risks as are customarily covered with respect to residential projects and/or required under any Ground Lease. Such insurance shall be not less than Two Million Dollars ($2,000,000) for each single accident or occurrence and shall cover bodily injury, deaths of persons, and property damage, including water damage. Section 8.4 Additional Named Insured. The Ground Lessor shall be named as an additional insured under the policies referred to in Section 8.2 and Section 8.3. Section 8.5 Additional Policy Provisions. The insurance obtained pursuant to Section 8.2 and Section 8.3 shall contain the following provisions and limitations: 8.5.1 Each Owner is an insured person under the policy with respect to liability arising out of the Owner's interest in the Owner's Home or membership in the Association. 8.5.2 Coverage shall not be prejudiced by any act, omission, or neglect of the Owners when such act or neglect is not within the scope of the Owner's authority on behalf of the Association. 8.5.3 A waiver of subrogation by the insurer as to any and all claims against the Association, the Owner of any Home, and/or their respective agents, members of the Owner's household and of any defenses based upon co-insurance or upon invalidity arising from the acts of the insured. 8.5.4 If, at the time of a loss under an Association policy, there is insurance in the name of the Owner covering the same risk, the Owner's policy provides primary insurance. Section 8.6 F'idefitv Bends. The Board shall maintain blanket fidelity bonds, in an amount determined by the Board, for all officers, directors, trustees, management agents, employees of the Association, and all other persons handling or responsible for funds of or administered by the Association. Section 8.7 Use _of_Insurance Proceeds. Any portion of the Property for which insurance is required under this Article which is damaged or destroyed shall be repaired or replaced promptly unless (a) the Declaration is terminated, or (b) repair or replacement would be illegal under any state or local health or safety statute or ordinance. The insurance proceeds not used for the purpose of repairing or rebuilding the Property shall be paid to the Ground Lessor, the Owners, Mortgagees and lienholders as their interests may appear and as required by the applicable Ground Lease and Mortgage. Section 8.8 Indemnification ofGroundLessorandHabitat. The Association and each Owner shall defend, indemnify and hold Ground Lessor and Habitat harmless from and against all liability and claims of liability for damage or injury to person or property from any cause on or about the Property. The Association and each Owner waive all claims against - 25 - HFHEJC\CCR,140A.LANDES TERRACE .04.10.2025 Ground Lessor and Habitat for damage or injury to person or property on or about the Property arising or asserted to have arisen on or about the Property from any cause whatsoever. Notwithstanding anything to the contrary in the applicable Ground Lease and the directly preceding two sentences, Ground Lessor shall remain liable (and the Association and Owners shall not indemnify and defend Ground Lessor against nor waive such claims of liability) for damage or injury due to the gross negligence or intentional acts of Ground Lessor or Ground Lessor's agents or employees. Section 8.9 Additional Insurance. The Board may require the Association to carry such additional insurance that it deems appropriate to protect the Association and/or Owners. Owners shall additionally carry insurance for their own benefit insuring their Homes and all carpeting, wall coverings, fixtures, furniture, furnishings and other personal property. All such policies shall contain waivers of subrogation, and the liability of the carriers issuing insurance obtained by the Board shall not be affected or diminished by reason of any such additional insurance carried by any Owner. The Board shall continuously maintain in effect such casualty, flood, liability insurance, and fidelity bond meeting the insurance and fidelity bond requirements established by a mortgage covering a Home within the project, whether or not such Mortgagee has obtained a fee interest in a Home, by the Ground Lessor or its successor or assigns under the terms of any Ground Lease, and/or by any governmental entities pursuant to the terms of any grant or authorization for the term of such grant or authorization, except to the extent such coverage is not available or has been waived in writing by such Mortgagee, the Ground Lessor and any such governmental entity. ARTICLE 9 COMPLIANCF, AND FNF0I1C;EMEN'T Section 9.1 Enl�arcement. 9.1.1 Each Member shall comply strictly with the provisions of this Declaration and with the Bylaws and administrative rules and regulations adopted by the Association (as the same may be lawfully amended from time to time). Failure to comply shall result in a claim for damages or injunctive relief, or both, by the Board (acting through its officers on behalf of the Association and the Owners). 9.1.2 In any action or arbitration to enforce the provisions of this Section or any other provision of this Declaration, the Articles or the Bylaws, the prevailing party in such action or arbitration shall be entitled to an award for reasonable attorneys' fees and all costs and expenses reasonably incurred in preparation for prosecution of said action or arbitration, in addition to all costs permitted by law. Section 9.2 No Waiver of Strict Performance. The failure of the Board in any one or more instances to insist upon or enforce the strict performance of any of the terms, covenants, conditions or restrictions of this Declaration, or of any Bylaws or administrative rules or regulations, shall not be construed as a waiver or a relinquishment for the future of such term, covenant, condition or restriction, but such term, covenant, condition or restriction shall remain -26- HII'diIIEJG:VXLR,HOA ILANICDES l'E112E8.ACE, 04 W 2025 in full force and effect. No waiver by the Board of any provision hereof shall be deemed to have been made unless expressed in writing and signed by the Board. Section 9.3 Remedies Cumulative. The remedies provided herein are cumulative, and the Board may pursue them concurrently, as well as any other remedies which may be available under law although not expressed herein. Section 9.4 Arbitration. Should any dispute arise between the Owners as to the terms of this Declaration, the Articles of Incorporation, the Bylaws, the rules and regulations for the Association, or decisions made by the Association under authority granted in those documents, the dispute shall be resolved through binding arbitration according to the rules of the Jefferson County Mandatory Arbitration Program for the Superior Court of Jefferson County. The parties shall agree to one arbitrator mutually acceptable to both parties. Further, for any dispute, the prevailing party shall recover costs and reasonable attorneys' fees, including those for appeals. ARTICLE 10 LIMITATION OF LIABILITY Section 10.1 No Personal Liability. So long as a Board member, Association officer, or authorized agent(s) has acted in good faith, without willful or intentional misconduct, upon the basis of such information as may be possessed by such person, no person shall be personally liable to any Member, or other party including the Association, for any damage, loss or prejudice suffered or claimed on account of any act, omission, error, negligence (except gross negligence), any discretionary decision or failure to make a discretionary decision, by such person in such person's official capacity; provided, however, that this Section shall not apply where the consequences of such act, omission, error or negligence are covered by insurance or bond obtained by the Board pursuant to Article 4 or Article 8. Section 10.2 Indemnification. Each Board member or Association officer, and their respective heirs and successors, shall be indemnified by the Association against all expenses and liabilities, including attorneys' fees, reasonably incurred by or imposed in connection with any proceeding to which he or she may be party, or in which he or she may become involved, by reason of being or having held such position at the time such expenses or liabilities are incurred, except in such cases wherein such person is adjudged guilty of intentional misconduct, or gross negligence or a knowing violation of law in the performance of his or her duties; provided, however, that in the event of a settlement, indemnification shall apply only when the Board approves such settlement and reimbursement as being in the best interests of the Association. Nothing contained in this Section shall, however, be deemed to obligate the Association to indemnify any Member who is or has been a Board member or officer of the Association with respect to any duties or obligations assumed or liabilities incurred by the Member under and by virtue of the Declaration as a Member or Owner of a Home. ARTICLE 11 MORTGAGEE PROTECTION Section IL I Priority o1` Mort ispcs. Notwithstanding all other provisions hereof, the liens created under this Declaration upon any Lot or Home for Assessments shall be subject to tax liens on the Lot in favor of any assessing and/or special district and be subject to -27- Hf HEJC\CCR,HOA,LANDES TERRACE .04,10.2025 the rights of the secured party in the case of any indebtedness secured by first lien mortgages or deeds of trust which were made in good faith and for value. A Mortgagee, or other purchaser of a Home, who obtains possession of a Lot as a result of foreclosure or deed in lieu thereof will be liable for any Assessment accruing after such possession. Such unpaid share of Common Expenses or Assessments shall be deemed to be Common Expenses collectible from all of the Owners including such possessor, his successor and assigns. Section 11.2 Effect of Declaration Amendments. The prior written approval of the Ground Lessor and the affirmative vote of (i) Owners who represent at least sixty seven percent (67%) of the total allocated votes in the Association, and (ii) the holders of at least fifty one percent (51%) of the first mortgages (based on one (1) vote for each first mortgage owned) covering individual Homes, shall be required for any amendments of a material nature to this Declaration or the Bylaws of the Association. Any amendment to the Declaration or Bylaws which changes any of the following shall constitute a material change: (1) Voting rights; Areas; (2) Assessment lien rights, or the priority of such liens; (3) Reserves for maintenance, repair and replacement of the Common (4) Responsibility for maintenance and repairs; (5) Reallocation of rights to use Common Areas, except as otherwise provided in this Declaration; Areas into Homes; Property; (6) The boundaries of any Home; (7) Convertibility of Homes into Common Areas, or of Common (8) The addition, annexation or withdrawal of property to or from the (9) Hazard or fidelity insurance requirements; (10) Insurance or fidelity bonds; (11) Any decision by the Association to terminate any professional management of the Property required by the Ground Lessor or change management companies without Ground Lessor's prior approval; (12) Restoration or repair of the Property (after damage or partial condemnation) in a manner other than specified in this Declaration or Bylaws; -28- HFIMESOCClR„G-NO,.04,10.2025 (13) Any provisions that expressly benefit Mortgagees, insurers or guarantors (i.e., Mortgagee priority); and (14) Any provisions that protect the Ground Lessor's fee interest in the Property or otherwise require Ground Lessor to consent or approve. No amendment of this Declaration shall be effective to modify, change or limit or alter the rights expressly conferred upon Mortgagees in this instrument with respect to any unsatisfied mortgage duly recorded unless the amendment shall be consented to in writing by the holder of such mortgage. Any provision of this Article conferring rights upon Mortgagees which is inconsistent with any other provision of this Declaration shall control over such other inconsistent provisions. Notwithstanding the foregoing, the consent of a Mortgagee shall be deemed implied if such Mortgagee fails to submit a response to any written proposal for an amendment within sixty (60) days after the Mortgagee actually receives proper notice of the proposed amendment, provided such notice was delivered by certified or registered mail with a "return receipt" requested. Section 11.3 16 his of I icri Ilolders. A breach of any of the provisions, conditions, restrictions, covenants, easements or reservations herein contained shall not affect or impair the lien or charge of any bona fide mortgage made in good faith for value on any Homes; provided, however, that any subsequent owner of the Home shall be bound by these provisions whether such owner's title was acquired by foreclosure or trustee's sale or otherwise. Section 11.4 Cooics of 'Notices '.If the first Mortgagee of any Home has so requested of the Association in writing, the Association shall give written notice to such first Mortgagee that an Owner/mortgagor of a Home has for more than 60 days failed to meet any obligation under this Declaration. Any first Mortgagee shall, upon written request, also be entitled to receive written notice of all meetings of the Association and be permitted to designate a representative to attend such meetings. Section 11.5 Fill- 1""i'sl"ii , of DOCuments. The Association shall make available to prospective purchasers, Mortgagees, and insurers, at their request, current copies of the Declaration, Bylaws, and other rules governing the Property, and the most recent balance sheet and income/expense statement for the Association, if any has been prepared. ARTICLE 12 ABANDONMENT OF SUB01 ISION STATUS Section 12.1 Duration of Covenants. The covenants contained herein shall run with and bind the land and be perpetual, unless modified by an instrument executed in accordance with Article 13. Section 12.2 Abandonment of Subdivision Status. The Association shall not, without the prior written approval of the governmental entity having jurisdiction over the Property and without prior written approval of 100% of all first Mortgagees and Owners of record and the Ground Lessor, seek by act or omission to abandon or terminate the subdivision status of the Property as approved by the governmental entity having appropriate jurisdiction over the Property. -29- LH'➢-ll FJOCC12w,HW:1A, L,NIB'S TI[?,d8.RFn.C9 , 04 ➢Y1.202f5 ARTICLE 13 AMENDMENTOF DECLARATION OR PLAT Section 13.1 Declaration Amendment. Amendments to this Declaration shall be made by an instrument in writing entitled "Amendment to Declaration" which sets forth the entire amendment. Except as provided in Article 11 or elsewhere in this Declaration, this Declaration may be amended by an instrument approved and executed by (i) sixty-seven percent (67%) of the Members in the Association, and (ii) the Ground Lessor. The members' approval may be obtained by a special vote of the members at a meeting of the Association, or the written consent of the requisite percentage of members. The amendment shall be executed by the president and secretary of the Association who shall certify that the requisite vote or consent has been obtained. It is specifically covenanted and understood that any amendment to this Declaration properly adopted will be completely effective to amend any or all of the covenants, conditions and restrictions contained herein which may be affected and any or all clauses of this Declaration unless otherwise specifically provided in the section being amended or the amendment itself. Section 13.2 Amendments to {."onform to (lonstruction. Declarant, upon Declarant's sole signature, and as an attorney -in -fact for all Home Owners with irrevocable power coupled with an interest, may at any time, until all Homes have been sold by Declarant, file an amendment to the Declaration and to the Plat to conform data depicted therein to improvements as actually constructed and to establish, vacate and relocate Easements. Section 13.3 ('its _r�l�.Loval l �quat�rl for certain Dell; .anion Amendments. Notwithstanding anything contained in this Declaration to the contrary, any provision regarding the operation or maintenance of the following Plat improvements may not be amended without the prior written approval of the City of Port Townsend: stormwater facilities, parking, shared utility lines, sidewalk cleaning, and maintenance of street trees and required vegetation within the adjoining public rights of way. Section 13.4 Amendments Im pac:tima _ I lilts t xcc:tt,rnd 1,.,css r. This Declaration may not be amended in any manner which removes, limits, restricts, or alters in any way the Ground Lessor's rights under this Declaration, without the written approval of the Ground Lessor documented in a written amendment to this Declaration signed by Ground Lessor and recorded in the official records of Jefferson County, Washington. Any amendment altering Ground Lessor's rights without its consent shall be null and void and of no effect. ARTICLE 14 CONDEMNATION, LAMAG" OIL DESTRUCTION CTION Section 14.1 Condemnation. Except as otherwise provided in the applicable Ground Lease, and subject to any terms, conditions, and restrictions contained therein, proceeds of any condemnation of all or a portion of the Property shall be allocated as set forth in this Section 14.1. -30- E11'1fV XACCIIk.,f-OA [ AAD S"I'IFRRA,CIG.04.4Cl,2025 14.1.1 Association as an AL[o n �-in-Fact. If one or more Homes is partially or completely condemned, the Association shall act as the representative of the Owners and Mortgagees in any proceeding, negotiation, or settlement. Each owner appoints the Association as its attorney -in -fact for this purpose. The Ground Lessor shall represent itself as the owner of the land. Any proceeds shall be paid to the Ground Lessor and the Association for the benefit of the owners and the Mortgagees and shall be used and distributed as set forth below. 14.1.2 Homes Livable. In the event of partial condemnation which does not result in any Home becoming unlivable, the proceeds shall be used: (i) to restore the Common Area; (ii) for payment to the Ground Lessor for condemnation of its fee interest and then to the Owners and their Mortgagees specially damaged by the condemnation, provided the damage was a part of the condemnation award; and (iii) the balance, if any, to the Association. 14.1.3 Home wUnlwi„v,ab„lme. In the event of partial condemnation which does result in some but not all of the Homes becoming unlivable, unless Ground Lessor elects to rebuild such Homes, the Property documents shall be amended to reflect any required elimination of Homes and reallocation of percentage interests, and the condemnation proceeds shall be used: (i) for payment to Owners and their Mortgagees eliminated in the revised documents, to the extent value of the entire Home was an element of the condemnation award provided any payment to an Owner shall not exceed the resale price it would otherwise be entitled to if the Home had been sold as opposed to condemned; (ii) to the restoration of the remaining Common Area; (iii) for payment to Owners and their Mortgagees specially damaged by the condemnation but which remain in the Property, which damages were an element of the condemnation award; and (iv) for payment to the Ground Lessor for any loss in its fee interest in the land and any value associated with the condemned Home or Lot which exceeds the resale price otherwise due Owner under subsection (i) above; and (v) the balance shall be distributed to the Association. is i . In the event that the entire Property is 14.1.4 Condemnation Dis �c�sMtio��, taken or condemned, or sold or otherwise disposed of in lieu of or in avoidance thereof, the Property ownership pursuant thereto shall terminate. The condemnation award for the Homes shall be apportioned in accordance with the terms of the Ground Leases. Section 14.2 )Mail it and Destruction. 14.2.1 In Accordance with the Act. In the event of any damage to or destruction of all or any part of the Property, a decision by the Owners to do other than repair, construct or rebuild in accordance with the original Plat shall be made in accordance with those requirements of the Act then in effect. Nothing contained in this Section shall be construed to give an Owner, the Ground Lessor or other party priority over any right of the first Mortgagee of the Home pursuant to its mortgage in the case of distribution to such Owner of insurance proceeds or condemnation awards. 14.2.2 1jbts ol" l lonne Owner. An Owner of a Home which has been damaged or destroyed shall have the right to repair, reconstruct or rebuild the Home, without a -31- HFHEJC\CCR.HOA.LANDES TERRACE.04.102025 vote of the Association, so long as the Owner obtains the written consent of the Board and the Ground Lessor within ninety (90) days from the date of damage or destruction and causes the work to be performed in a manner satisfactory to the Board and the Ground Lessor. However, the Owner must make arrangements satisfactory to the Board and Ground Lessor for the Owner's payment of all costs of repair, reconstruction or rebuilding not covered by such Owner's insurance proceeds. 14.2.3 l meiggncies. In this section, "emergency" means an event or condition or a state of emergency that constitutes an imminent: (a) threat to the health or safety of the public or residents of the Property; (b) threat to the habitability of Homes; or (c) risk of substantial economic loss to the Association. In an emergency, this section governs the authority of the Board to respond. The Board may call an Owner's meeting to respond to an emergency by giving notice to the Owners in a manner that is practicable and appropriate under the circumstances. The Board may call a Board meeting to respond to an emergency by giving notice to the Owners and Board members in a manner that is practicable and appropriate under the circumstances. A quorum is not required for a meeting under this section. After giving notice under this section, the Board may take any action by vote without a meeting it considers necessary, as a result of the emergency, to protect the interests of the unit owners and other persons holding interests in the Property acting in a manner reasonable under the circumstances. If, under the preceding sentence, the Board determines by a two-thirds vote that a special assessment is necessary: (a) the assessment becomes effective immediately or in accordance with the terms of the vote; and (b) the Board may spend funds paid on the assessment only in accordance with the action taken by the Board. The Board may use funds of the Association, including reserves, to pay the reasonable costs of an emergency action. After taking an action under this section, the Board shall promptly notify the Owners of the action in a manner that is practicable and appropriate under the circumstances. 14.2.4 Notice of 1,) Each Owner shall notify the Association and Ground Lessor of any significant damage or destruction to their Home and/or the Common Areas as soon as practical but in any event no later than three (3) business days after the occurrence of such damage or destruction. For purpose of this subsection, the term "significant damage or destruction" shall mean damage having a cost to repair of One Thousand Dollars ($1,000.00) or more. ARTICLE 15 MISCELLANEOUS Section 15.1 Notices. 15.1.1 Any written notice or other documents as required by this Declaration, may be delivered personally or by certified mail. If by mail, such notice, unless expressly provided for herein to the contrary with regard to the type of notice being given, shall be deemed to have been delivered and received 48 hours after a copy thereof has been deposited in the United States mail, postage prepaid, addressed as follows: -32- HFI[ kIL,2OCCIlA..11-10ALLAeIVC'kllFS "1'lEl(wRA,A:IL?.04 1102025 15.1.2 If to a Member, other than Declarant: to the mailing address of such Member maintained by the Association, pursuant to the Bylaws. 15.1.3 If to Declarant, whether in its capacity as a Member, or in any other capacity, the following address (unless Declarant shall have advised the Board in writing of some other address): Habitat for Humanity of East Jefferson County P.O. Box 658 Port Townsend, WA 98368 15.1.4 Prior to the organization of the Association, notices to the Association shall be addressed as set forth above. Thereafter, notices to the Association shall be addressed to the official mailing address furnished by written notice from the Association. In addition, from and after the organizational meeting, notice of the address of the Association shall be given by the Board to each Owner, within a reasonable time after the Board has received actual notice of such Owner's purchase of a Home. Section 15.2 Conveyance. If a Home is being sold, the Board shall have the right to notify the purchaser, the title insurance company, and the closing agent of the amount of unpaid Assessments and charges outstanding against the Home or Lot, whether or not such information is requested. Section 15.3 Succcssos� s and... ssi S. This Declaration shall be binding upon and shall inure to the benefit of the heirs, personal representatives, successors and assigns of Declarant, and the heirs, personal representatives, grantees, and assignees of the Member. Section 15.4 Joint_ and Several liability. In the case of joint ownership of a Home, the liability of each of the Owners thereof in connection with the liabilities and obligations of Owners, set forth in or imposed by this Declaration, shall be joint and several. Section 15.5 Construction. The provisions of this Declaration shall be liberally construed to effectuate its purpose of creating a uniform plan for the operation and maintenance of the Property. Section 15.6 Captions. Captions given to the various articles and sections herein are for convenience only and are not intended to modify or affect the meaning of any of the substantive provisions hereof. Section 15.7 Effective Date. The Declaration shall take effect upon recording. Section 15.8 Severabilily. The provisions hereof shall be deemed independent and severable, and the invalidity or partial invalidity or unenforceability of any one provision or portion thereof shall not affect the validity or enforceability of any other provision hereof. Section 15.9 l"bird Patt�ty l�un lrciariwes Habitat and Ground Lessor are third - party beneficiaries of this Declaration and retain the right to enforce its terms to ensure the Property is perpetually used and maintained consistent with the requirements of this Declaration -33- II-IME ACCll8.P-0A,ILAAfI.)ES'4'FRIZA(.,IG,04,V6D2025 and all other agreements between Habitat, and/or Ground Lessor, and each Owner to achieve the goals of the permanent affordability homeownership program of Habitat and Ground Lessor. ARTICLE 16 I EVIL I.JC)l illl.:N"l III.GII°I S AND SPECIAI, 11ECLARANT R1GI-ITS.. Section 16.1 S iecial Declarant Lti�s. Declarant reserves to itself the following Special Declarant Rights: (a) to complete any improvements shown on the Plat including without limitation all Homes contemplated for construction; (b) to use all easements through the Property for the purpose of such work, (c) to select Board members for the period allowed hereunder, (d) to access and enter the Property as needed to complete construction and obtain final certificates of occupancy for all Homes, (e) to execute such amendments to this Declaration as described in RCW 64.90.285, and (f) to amend this Declaration during any period of Declarant control. Until all Homes have been sold by Declarant, this Declaration may not be amended by the Association in a manner which removes, limits, restricts, or alters in any way Declarant's rights under this Declaration, without the written approval of Declarant. Section 16.2 Tr n,sfcr. The rights described in this Article may not be transferred except by instrument evidencing the transfer executed by Declarant or its successor and the transferee, and recorded in Jefferson County, Washington. Declarant may contract or otherwise arrange for any third party agent of Declarant to complete improvements within the Property; such arrangements shall not constitute a transfer of development rights or special declarant rights. Section 16.3 Ri 11�ts oC C,rou�nrJLessor the Ground N�c�s . Nothing contained herein shall limit amend, restrict or otherwise modify the Ground Lessor's rights under the Ground Leases. ARTICLE 17 RESERVATION OF EASEMENTS Section 17.1 1 � �3ent 1 � r hfoine C onstp =tion. Declarant reserves for itself and its successors and assigns, affiliates, contractors, subcontractors and other agents, a nonexclusive easement over, under and across the Property for purposes of developing, constructing, marketing and selling Homes and the completion of all improvements and landscaping required as a condition of approval of the Plat or otherwise deemed necessary or desirable by the Declarant. Any damage to the Property resulting from the exercise of such easement shall be repaired by, and at the expense of, the Declarant or individual or entity exercising the easement right. Declarant shall not unreasonably interfere with access to any Lot or Home provided, however, temporary closures of the alley or other access points are allowed if needed for construction activities. Declarant shall provide at least 24 hours prior written notice to any Owner affected by a closure by attaching a copy of such notice to the door of the Home. Section 17.2 Easement for Party Walls. Declarant hereby reserves for the benefit of Lots with a party wall an easement over the adjoining Lot sharing the party wall for -34- Hf'HEJC\CCR HOA LANDES TERRACE 04 10.2025 the purpose of accommodating any encroachment by buildings or structures on the Lot due to engineering errors, errors in original construction, or the settling or shifting of such buildings or structures. If any Home is partially or totally destroyed and then repaired and rebuilt substantially in accordance with the original plans and specifications, there shall also be appurtenant to the Lot an easement to accommodate minor encroachments by the successor structure from similar causes. Section 17.3 Easement to Maintaii�i Inc airand Rcolace Conirnon Areas. Declarant hereby reserves, for the benefit of the Association, an easement over the Common Areas for the purpose of maintenance, repair, and replacement of such Common Areas. Such easement shall include the right of the Association to improve such Common Areas from time to time such as the construction of handrails within shared entryways, provided the Owners benefitted by such improvements shall pay the cost of such construction. ARTICLE 18 FEE SIMPLE SALES WITH RESTRICTIVE COVENANT Nothing in this Declaration prohibits (nor shall be construed to prohibit or limit in any manner) sales of Lots and Homes on a fee simple basis subject to a Permanent Affordability Restrictive Covenant in a form then required by Habitat, Salish Coast Housing, LLC, or any successor or assigns of same (the "Steward"). In such event, references to the term Ground Lease in this Declaration shall include the Permanent Affordability Restrictive Covenant signed by Owner in favor of the Steward, the term "Ground Lessor" as used herein shall mean such Steward, and the term "Home" shall mean the Home together with the Lot, as applicable. ARTICLE 19 LANDES TERRACE IS A HABITAT FOR HUMANITY OF EAST JEFFER.SON COUNTY PROJECT DEVELOPED FOR SALE TO INCOME QUALIFIED BUYERS. THE PROJECT IS SUBJECTIO RESALE, LEASING AND OTHER RESTRICTIONS. Landes Terrace was developed by Habitat for Humanity of East Jefferson County as a permanently affordable residential development available for purchase by income -qualified buyers who will occupy the Home as their primary residence. Each buyer of a Landes Terrace Home must be income -qualified by Declarant at the time of purchase and satisfy all criteria for participation in Declarant's program for permanent affordability in effect at the time of purchase. The price at which an Owner may resell their Home is permanently restricted. The Home may not be leased to others, even on a short term basis, without the prior written consent of the Ground Lessor. As a condition of purchase, each Owner must sign a Ground Lease or restrictive covenant that limits the resale price of the Home to ensure it remains affordable to the next buyer and which grants to Declarant a first right to repurchase the Home and interest in the Lot at the restricted price. These restrictions are a condition of participation in Declarant's permanent affordability program and compliance is required to purchase a Home in the Landes Terrace development. Do not purchase a Home if the restrictions described in this Declaration, in the - 35 - FIFN-3EJC\CCR-IIOA.LA.NDES TERRA.CE.04,10,2025 required Ground Lease or restrictive covenant, and other recorded documents are not acceptable to you. [End of Text; Signature Page and Exhibit Follows] -36- IN WITNESS WHEREOF, Habitat has executed and declared this Declaration for Landes Terrace on the ......... day ol" ., � 2025,. HABITAT FOR HUMANITY OF EAST JEFFERSON COUNTY, a Washington non-profit corporation Jamie Maciejewski, Executive Director STATE OF WASHINGTON ) ) ss. COUNTY OF JEFFERSON ) This record was acknowledged before me on ......... ..............................—_ _____ ., 2025 by Jamie Maciejewski, in her capacity as Executive Director of Habitat for Humanity of East Jefferson County. (Statlip) (Signature of Notary Public) (Title of Office) My Commission Expires: -37- HFHEJCICCR.HQA LANDES TERRACE,04.10.2025 EXHIBIT A LANDES TERRACE (LEGAL DESCRIPTION OF PROPERTY SUBJECT TO DECLARATION) LOTS 1 THROUGH 11, INCLUSIVE, AND LOTS 29 THROUGH 32, INCLUSIVE, ALL IN BLOCK 29 OF EISENBEIS ADDITION THE CITY OF PORT TOWNSEND, AS PER PLAT RECORDED IN VOLUME 2 OF PLATS, PAGE 24, RECORDS OF JEFFERSON COUNTY, WASHINGTON. SITUATE IN THE COUNTY OF JEFFERSON, STATE OF WASHINGTON