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24896 PE-1414J dl~ dOL E. lmmL- Plenwing, Engfnaarin9i Anhj4aeture. LandacapMog li.ghftuctura Land SurMlnQ y_ CLC ASsocIATES, I[VC. RECEIVED MAR 2 2 2002 SPoKANE cauNw EjiGimEm ~ ~ ~ ~ ~ f ~ ~ ~ SPO~~ ~MMM MM ORIGINAL A FRWM # . ~ ~ ~ SPOKANE, INA ~ DENVER, CO ; ~ ~ - - - - - - _ I Il ~ ~ ~ DRAINAGE REPORT ~ for - RIVERWALK 11 th ADDITION PUD Spokane County, Washington March, 2002 CLC JOB #S000177 Prepared by: - CLCAssociates, Inc. _J 707 W. 7th Avenue, Suite 200 Spokane, WA 99204 (509)458-6540 This report has been prepared by Susan K. Murphy, and the staff of CLC Associates, Inc. under the direction r~ of the undersigned professional engineer whose seal and signature appear hereon. i K ,s ~t a WAS f ~ ~ ♦ v ► l ~ 1V~-' 12 1S.~R~~ G~a~A ss~o v a L tir 2 - 32t.p EXPIRES 05-18f0'Z~ t John F. Sawyers, P.E. c~ ~ 1 ~ ~ j I I ~ Riverwalk 11 fh Addition PUD Drainage Narrative GENERAL i ~ The Riverwalk 11 th Addition PUD Plat is a 4.97 acre development of 20 single family residential lots located within Spokane County, Washington. The site is currently vacant with field grass, alfalfa and fallow fields as the predominant land cover and vegetation. Single family residential developments lie directly adjacent to the south, east, and west. The location of the site is shown ~ in the vicinity and location map given in the appendix. PURPOSE '-The purpose of this report is to determine the extent of storm drainage facilities which will be ~ required to dispose of the increase in stormwater runoff created by the development of the Riverwalk 11 th Addition plat. The storm drainage facilities on this project have been designed to ~ dispose of runoff from a ten-year design storm, as required by the Spokane County Guidelines for Stormwater Management, (GSM). Calculations are also included to illustrate the extent of J containment for the 10- and 50-year storm events. This ~ qf_ 1► ~ ~ • _ _ NI . or this project, the 10 an 0-year in ensi y curves from the Spokane, ~ Medical Lake, Reardon, Cheney and Rockford areas were used, as well as the SCS iso-pluvial rainfall curves. ~ ANALYSIS METHODOLOGY ~ Per the GSM, the Rational Method, which is recommended for basins less than ten acres in size, was used to determine the peak discharges and runoff volumes for all onsite basins. ~ PROJECT DESCR/PTION ~ This phase of the Riverwalk plat comprises 20 of the 393 lots in the approved preliminary plat and SEPA documents. The Riverwalk 11th Addition subdivision is located in the NE 1/4 of the SW 1/4 v of Section 8, T. 25 N., R. 45 E., W.M. within Spokane County, Washington. TOPOGRAPHY The existing site naturally drains to the southwest at a gentle slope of about 2%. Within the plat the natural topography was used as much as possible to route storm drainage. However, due to the flat slopes and Spokane County minimum requirements for slope, the roadway profiles have been forced to facilitate drainage by localizing low spots for pond placement. Due to the flat slopes ' encountered, no concentrated pre-existing flows were observed nor were there any signs that anything other than sheet flow and ground absorption have occurred on this site. , ~ ~ CLC Associates Inc. 1 Riverwalk 11'h Addition f I ~ i The general slopes within this plat vary from flat to nearly flat with the maximum existing slope of 2.5%. Generally, the area within this platted portion of the overall preliminary plat would be characterized as a gradual slope. For development purposes as stated the natural sloping was used for design and is maintained as possible throughout the project. SOILS i ~J - As can be seen from the accompanying soils map from the Spokane County Soils Survey as performed by the SCS, the site consists of one type of soils within the Class B type. This soil type -is described as follows. GgA - Garrison gravelly loam, 0 to 5 percent slopes: Soils within this soil type are somewhat excessively drained soils formed in gravelly glacial outwash material from a variety of igneous rock. Surface runoff is slow, and the hazard of erosion is slight. GSM indicate this to be a Soil Group Type B and pre-approved for drywell installation. GgB- Garrison gravelly loam, 5 to 20 percent slopes: Soils within this soil type are ~ somewhat excessively drained soils formed in gravelly glacial outwash material from a variety of igneous rock. Surface runoff is medium, and the hazard of erosion is moderate. GSM indicate this to be a Soil Group Type B and pre-approved for drywell installation. `J DRA/NAGE NARRATIVE Offsite Based upon the general geographic tendencies surrounding this site, no offsite flows are expected for this phase. Onsite - All runoff within the drainage basin will be collected and treated using the '208' runoff method as ~ described in the GSM. From high points in the proposed road improvements, designed inlet locations and the assumed lot grading, the proposed Riverwalk 11 th Addition was divided into fives (A, B, C, D and E). Basin information is provided in Table 1. ~ The contributing runoff from the impervious street area is designed to flow to downstream ponds by placement of curb inlets, which divert runoff into the grassy'208' ponds for treatment. The runoff from each basin is directed to ponds within the basin. The drainage basins and ponds are shown on the basin map at the back of this report. I l f i , fl f~ L' , CLC Associates Inc. 2 Riverwalk 11Addition ,f l I' „ Table 1- Pond and Basin Summary Basin Total Area Tot►al impervious Area Runo Coefficient (SF/AC) (SF} , ^ A 11,035/0.25 7,300 0.65 B 49,400/1.13 19,800 0.45 ^ C 85,700/1.97 15,100 0.28 D 19,300/0.44 13,400 0.67 ~ E 8,575/0.20 6,300 0.70 A+E 19,610/0.45 13,600 0.67 ~ A Total Impervious Area included paved roadway area, 1,200 s.f per roof, sidewalk areas, and 600 s.f. per driveway. ~ B`208' Impervious Area includes the paved roadway, adjacent sidewalk areas, and driveways. DRA/NAGE CALCULAT/ONS SUMMARY ~ Bowstring calculations have been included for individual basins to determine the extent of storm drainage facilities required for the 10-year storm event. Weighted "C" Runoff Coefficients were calculated for each basin of less than 10 acres as required by the Spokane County Guidelines for Stormwater Manaqement. Table 1 provides the basin size, street and total impervious areas, and ~ runoff coefficients. ~ Provided storage volumes shown in the bowstring calculations were determined using the pond bottom areas and eight-inch depths in the proposed ponds. ~ '208' Calcu/ations - The '208' storage volume for each basin was designed to adequately contain the runoff created S-; by the first half-inch of rainfall upon the street impervious areas within the basin it serves. The provided pond bottom areas show the water quality treatment to a depth of eight inches with 3:1 -side slopes. Table 2 summarizes the requirements and designs of the ponds by basin. , I ~ CLC Associates Inc. . 3 Riverwalk 1V' Addition ~ i I ~ ~ Table 2-`208' Area and Volume Summary -Basin/ `208' `208' Area `208' `208'Pond Pond Drywells Pond Impervious Volume Volume Area Perimeter Required ~ Area Required ProvidedA Provided Provided (sF) (cF) (cF) (sF) (LF) , ~ A/A 4,900 204 261 312 75 - ~ 6/B 12,600 525 595 775 112 1- Type B M C/C 9,100 379 429 540 94 1- Type B Y D/D 7,400 308 335 400 100 1- Type B ~ E/E 3,900 163 189 210 62 - A+E/A 8,800 367 450 522 137 1- Type B . AVolume Provided is based on 3:1 side slopes and 0.67' depth; . (Pond Bottom Area)(0.67)' + (Pond Perimeter) (0.67 ft.2) ^ Total Stormwater Storage Calculations w In addition to the '208' storage requirements, the total stormwater storage for the 10-year design ~ storm was also considered. Each of the ponds in Riverwalk 11th Addition will have the capacity ~ to contain the required volume for the 10-year design storm. In addition, the 50-year design storm was also examined to verify that the 50-year event could be stored in the pond as ^ designed. This information is summarized in Table 3. w Table 3- Stormwater Storage Volume Summary 10-year and 50-year Storage Volume Summary ~ Basin Pond 10-year Volume 50-Year Pond ~ Required Volume Volume (CF) Required ProvidedA (CF) (CF) A+E A 86 265 607 ~ B B 353 696 943 ;C C 410 745 6818 D D 87 247 550 ~ A Volume Provided is based on 3:1 side slopes and 1' depth= (Pond Area)(1') + 2 Perimeter)(1.5 ft2); Pond E storm volume is(Pond Area)(0.67 )+(Perimeter)(0.67 ft). B Total pond volume below flow line elevation = 1340 CF ~ _ CLC Associates, Inc. 4 Rivenwalk 11th Addition ~ L_ l_I _ In/et Calculations Inlet calculations were performed in general accordance with GSM and W.S.D.O.T. Hydraulic V Manual to determine the runoff received and by-pass flows for each inlet. By-pass flows ~ calculated for the inlets on continuous grades were added to the following downgrade inlet. The analysis shows that ponds `A' and `E' require one type 2 curb inlet each and pond `D' requires ~ one 5' type 1 curb inlet. Ponds `B' and `C' are under sump conditions and therefore they are assumed to handle 4 cfs as per Spokane County guidelines. F/ooded Width Calculations Flooded width calculations were performed in general in accordance with GSM for ponds `A', `D' and `E' for both the 10-year and 50- year-design storm. All three ponds are in accordance with ~ GSM. Ponds 'B' and `C' did not require flooded width calculations because the inlets are not at capacity for both the 10-year and 50- year-design storms the and therefore there is no ponding. Conclusion ~ As demonstrated by the calculations and body of this report the storm drainage facilities ~ provided in this design will adequately remove from the streets, store and dispose of the stormwater from the site for the 10-year design storm as required by Spokane County. ~ Calculation worksheets for the 50-year storm event have been provided to evaluate the ~ performance of the designed drainage facilities. Additionally, the required '208' treatment area is provided for the runoff from the street impervious areas. ~J ~ ~ , ~ CLC Associates, Inc. 5 Riverwalk 11 I' Addition ~ l ~ .-1 ~ APPENDIX MAPS V I C I N ITY MAP SOI LS MAP DEVELOPED BOWSTRING CALCULATIONS 10-Year Design Storm ~ 50-Year Storm Event - Inlet Calculations ~ Flooded Width Calculations BASIN MAP ~ I~ l 1 Nlict-Nily MAP . _ ,D ,zo23 Traiter P a rk 5 v~--_ - ~ Zoas zo26 . . ~ . ~ ' ,6M Z00 . ~ ; . ~ ' ~•Substation ~ 1; v ~ ~ ` . a' G'' , o CATIpN Austin , . ° • p ~ p JEC•~' _`O . • c° .i. .~v:. ~l ~ . . . . : , '~.5- -tii•`.' 1 ' - 1} • J, ^^~i.V',:~' : , . . ~ : 7• ''4.. E::L ;t' G~'-.`!' e 9+ - ~ • ~ ' o ' . , i~c~ = ; ~ ,z~• • o . . a }C)~• : f • . o ~i~; ~^i%'$ • ~ • ~ yu t'•' 7~±:. ` ♦ t ~ . 1/~.~ •L_ ' O O ~ • ♦ `,y• ' --r~ • ~r•, _ ~ \ • 2017 'y"• ~-~~;;5fj~': ' _ . ~~.~r s• ' ~ _ ~ ~ ~ 5l ' .Y. . ' L • • ' '(i• - , ~ t ' _ . r • - . . d a • ~ u r--'. • ~ ° o . :o ~ L.. . 1 ' . . 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Ymp A ~ 3700 ~ 2 ~ 1200 4940 2400 7300 B 9000 ~ 6 ~ 3600 12604 ~ 7200 19800 C 6140 S I 3000 9140 ~ 6000 15100 D 4400 S ~ 3000 7400 ~ 6000 ~ 13400 E I 2700 2 ~ 1200 ~ 3900 2400 ~ 6300 A} E 6400 ~ 4 ~ 2400 ~ 8800 4804 ~ 13600 208' area = street + sidewalk + driveway areas driveway area = 600 SF per upstream lot roof area = 1200 SF per upsh'eam lot PEAK FLOW CALCULATION PROJEC7: RNERWALK 11TH ADDITION;;:#LL:;;:;; BOWSTRING METHOD PROJECT: RNERWALK 11TH ADDITION 'Ul 10-Year Design Storm DETENTION BASIN DESIGN BASIN: A DESIGNER SKM BASIN: A DATE: 10-Mar-02 Tot. Area 11,035 SF 0.25 Aaes Imp. Area 7,300 SF Time IncremeM (min) 5 C= 0.65 Lawns 0.15 Time of Conc. (min) 720 Pavement 0.90 Outflow (cfs) 1 CASE 1 Design Year Flow 10 Area (aaes) 0.25 ~ 65 ft. Overland Flow Impervious Area (sq R) 7300 ,C Facta 0.65 Ct = 0.15 Area ` C 0.164 L= 65 ft. Asphallic Area 4,900 n = 0.40 S= 0.0100 Time Time Inc. Imens. Q Devel, Vol.ln Vd,Out Staage (min) (sec) Jinlhrl (cfs) (cu ft) . (cu it) (cu ft) Tc = 4.22 min., by Equation 3-2 of Guidelines 7.20 432 2.61 0.48 278 432 -154 240 R. Gutter flow 5 300 3.18 0.52 209 300 -91 10 600 2,24 0.31 274 640 -326 11 = 50.0 Fa Z2 15 900 1.77 0.28 303 900 -597 Z2 = 3.5 Type B=1.0 24 1200 1.45 0,24 310 1200 -880 n= 0,016 Roned = 3,5 25 1500 121 0.20 326 1500 -1174 S= 0.0110 30 1800 1.04 0.17 331 1800 -1469 35 2100 0.91 0.15 335 2100 -1765 ..Y.:. d= 0.1020 ft. -7. 40 2400 0.82 0.13 342 2400 -2058 45 2700 0.74 0.12 345 2700 -2355 50 3000 0.68 0.11 350 3400 -2650 A R Q Tc Tc total I Qc ~ 55 3304 0.64 0.10 361 3300 -2939 0,26 0.05 0.37 2.98 1.~0 2.23 0.37 - 60 3B00 0.61 0.10 374 3600 -3226 65 3940 0.60 0.10 397 3900 -3503 Qpeak for Case 1= 0.37 cfs 70 4200 0.58 0.09 413 4200 -3787 75 4500 0,56 0,09 426 4500 -4074 80 4800 0.53 0.09 429 4800 -4371 CASE 2 85 5100 0.52 0,09 441 5100 -4653 ====K= ~`90 5400 0.50 0.08 454 5400 -4946 Case 2 assumes a Time of Concentration less than 5 minutes so that the 95 5700 0.49 0,08 469 5700 -5231 peak flaw =.90(3.18)(Imp. Area) = 0.48 cfs 100 6000 0.48 0,08 483 6000 -551 T "208" TREATMENT REQUIREMENTS So, the Peak flow for the Basin is the greater of the two flows, ` Minimum "208" Vdume Requrced 204 cu ft 0.48 cfs Provided Treatment Volume 261 cu ft _ PEAK FLOW CALCULATION PROJECT: RIVERWALK 11TH ADDITION~~~BOWSTRING METHOD PROJECT: RNERWALK 11TH ADDITION 10-Year Design Storm DETENTION BASIN DESIGN BASIN: B DESiGNER SKM I BASIN: B DATE: taMar-02 .::i.. Tot. Area 49,400 SF 1.13 Acres Imp. Area 19800 SF Time Inaement (min) 5 ~ C= 0.45 Lewns 0.15 ' Time of Conc. (min) 6.20 Pavement 0.90 Outflow (cfs) 1 ;.t.: CASE 1 Design Year Flow 10 - Area (acres) 1.13 76 R. Overland Flow Impervious Area (sq ft) 19800 =''C Facta 0.45 Ct = 0.15 Area " C 0,511 L= 16 R. Asphaltic Area 12,600 n = 0.40 : - S= 0.0150 Time Time Inc. Intens. Q Devel. Vol.ln Vol.Out Storage min sec (inlhu) R) (cu R) (cu ftL Tc = 4.10 min., by Equa6on 3-2 of Guidelines 6.20 372 2.87 1.43 718 372 343 272 ft. Gutter flow 5 300 3.18 1.63 653 300 353 10 600 2.24 1.14 832 600 232 Z1= 50.0 For Z2 15 900 1.77 0.90 929 900 29 Z2 = 3.5 Type B=1.0 20 1200 1.45 0.74 983 1200 -211 n= 0.016 RoNed = 3.5 25 1500 1,21 0.62 1006 1500 494 S= 0.0160 - - 30 1800 1.04 0.53 1024 1600 -776 35 2100 0,91 0.47 1035 2100 -1065 d= 0.1572 ft. 40 2400 0.82 0.42 1059 2440 -1341 45 2700 0.14 0.38 1069 2700 -1631 50 3000 0.68 0.35 1086 3000 -1914 A R Q Tc Tc total I Qc 55 3300 0.64 0.33 1121 3300 -2179 ~ 0.66 0.08 1.43 2.10 6.20 2.81 ~ 1,43 60 3600 0.61 0.31 1162 3600 -2438 - 65 3900 0.60 0.31 1235 3900 -2885 Qpeak for Case 1= 1.43 cis 70 4200 0.58 0.30 1282 4200 -2918 75 4500 0.56 0,29 1324 4500 -3176 80 4800 0.53 017 1334 4800 -3466 CASE 2 85 5100 0.52 0Z7 1389 5100 -3711 ~ . 90 5400 0.50 0.26 1412 5400 -3988 , , Case 2 assumes a Time of Concentration less than S minutes so that the 95 5700 0.49 0,25 1459 5700 -42+1 peak flow =.90(3,1 B)(Imp. Aree) = 1.30 cfs 100 6000 0.48 0.25 1503 6000 -4497 L "208" TREATMENT REQUIREMENTS So, the Peak flow for the Basin is the greater of the two flows, Minimum "208" Vdume Required ft 1.43 cts Provided Treatmerrt Volume 595 cu ft • DRYWELL REQUIREMENTS - 50 YEAR DESIGN STORM b K Mabmum Storage Requrred by Bowstring 353 cu ft Provided Staage Volume cu ft Number and Type of DryweNs Required 0 Single 1 Qouble PEAK FLOW CALCULATION PROJECT: RIVERWALK 11TH ADDITIONBOWSTRING METHOD PROJECT, RIVERWALK 11TH ADDITION 10•Year Design Storm DETENTION BASIN DESIGN BASIN: C DESIGNER SKM BASIN: C DATE: 21-Mar-02 Tot. Area 85,100 SF 1.97 Acres Imp. Area 20025 SF Time Increment (min) 5 C= 0.33 Lawns 0.15 Time of Conc. (min) 6.48 I Pavement 0.90 Outflow (cfs) 1 CASE 1 Design Year Flow 10 Area(acres) 1.97 70 ft. Overland Flow Impervious Area (sq ft) 20025 'C Factor 0.33 Ct = 0.15 Area ' C 0.640 L= 70 ft. Asphaibc Area 9,100 n = 0,40 S= 0.0080 Time Time Inc. Intens. Q Devel, Vol.ln Vol.Out Storage minl sec (inlhr) ( (cu ft) (cu ft) (cu ftL Tc = 4.71 min., by EquaGon 3-2 of Guidelines 6.48 389 2.80 1.74 908 389 519 240 ft. Gutter Aow 5 300 3.18 2.03 818 300 518 10 600 2.24 1.43 1049 600 449 Z1 = 54.0 ForZ2 15 900 1.77 1.13 1169 900 269 Z2 = 3.5 Type B=1.0 20 1200 1.45 0.93 1236 1200 36 n= 0.016 Rolled = 3.5 25 1500 121 0.77 1264 1500 -236 S= 0.0160 30 1800 1.04 0.67 1286 1800 -514 35 2100 0.91 0.58 1300 2100 -800 d= 0.1695 ft. 40 2400 0.82 0.52 1329 2400 -1071 45 2100 0.74 0.47 1341 2700 -1359 50 3000 0.68 0.44 1363 3000 -1637 A R Q Tc Tc total I oc 55 3300 0.64 0.41 1406 3300 -1894 0.77 0.08 1.74 1.76 6.48 2.72 1.74 60 3600 0.61 0.39 1457 3600 -2143 65 3900 0.60 0.38 1548 3900 -2352 Qpeak for Case 1= 1.74 cfs 70 4200 0,58 0.37 1608 4200 -2592 , 75 4500 0.56 0.36 1660 4500 -2840 ~80 4800 0.53 0.34 1673 4800 -3127 CASE 2 85 5100 0.52 0,33 1741 5100 -3359 90 5400 0.50 0.32 1770 5400 -3630 Case 2 assumes a Time of ConcentraUon less lhan 5 minutes so that the 95 5700 0.49 0.31 1629 5700 -3871 peak flow =.90(3.18)(Imp. Area) = 1.32 cfs 100 6000 0,48 0.31 1863 6000 -4117 "208" TREATMENT REQUIREMENTS So, the Peak flow for the Basin is the greater of the two flows, , Minimum "208" Volume Required 379 cu ft QK 1.74 cfs ; Provided TreaVnent Volume rm cu R) DRYWELL REQUIREMENTS - 50 YEAR DESIGN STORM Maximum Storage Required by Bowstring 519 cu ft ~ Provided Storage Volume cu ft Number and Type of Drywells Required 0 Single 1 Double ; ~ PEAK FLOW CALCULATION PRO,IECT: RNERWALK 11TH ADDITI0BOWSTRING METHOD PROJECT: RIVERWALK 11TH ADDITION 10-Year Deaign Stonrl DETENTION BASIN DESIGN BASIN: D DESIGNER SKM BASIN: D DATE: 10-Mar-02 Tot. Area 19,300 SF 0.44 Acres Imp. Area 13400 SF Time Inaement (min) 5 C= 0.61 Lawns 0,15 Time of Conc. (min) 8.10 Pavemertt 4.90 ~ - Outllow (cfs) 1 CASE 1 Design Year Flow 10 Area (aaes) 0.44 71 ft. Overland Flow Impervious Aree (sq ft) 13400 ,C'Facta 0.67 Ct = 0.15 Area ` C 0.297 :.n._...... L= 71 ft. AsphalDic Area 1,400 n = 0.40 S= 0.0050 Time Time Inc. IMens. Q Qevel. Vol.ln Vol.Out Storage . - ..~~n1. (cu ft) (cu ff) (cu ft~ Tc = 5.48 min., by Equation 3-2 of Guidelines 8.10 466 2.37 0.88 374 48fi 87 237 ft. Gutter flow 5 340 3.18 0.95 380 300 80 10 600 2.24 0.67 509 600 -91 2t = 50.0 Fa Z2 15 940 1.77 0.53 560 900 -340 YSt~~ Z2 = 3.5 Type B=1.0 20 1200 1.45 0.43 588 1200 -612 n= 0.016 Rolted = 3.5 25 1500 1.21 0.36 599 1500 -901 S= 0.0102 30 1800 1.04 0.31 607 1800 -1193 35 2100 0.91 027 613 2100 -1487 d= 0.1280 ft. 40 2400 0.82 0.24 625 2400 -1175 F4:~ 45 2700 0.74 022 630 2704 -2070 50 3000 0.68 0.20 640 3000 -2360 A R Q Tc Tc total I Qc 55 3300 0.64 0.19 659 3300 -2641 ~ 0.44 0,06 0,66 2.63 8.10 222 0.66 60 3600 0.61 0,18 683 3600 -2917 '.'65 3900 0.60 0,18 725 3900 -3175 : Qpeak for Case 1= 0.66 cis 70 4200 0.58 0,11 752 4200 -3448 75 4500 0.56 0,11 776 4500 -3124 SO 4800 0.53 0,16 182 4800 -4018 .,.Ff`:.. r . CASE 2 85 5100 0,52 0,15 814 5100 -4286 90 5440 0.50 0.15 821 5404 -4573 Case 2 assumes a Time of Concentration less than 5 minutes so ihat the 95 5700 0.49 0.15 854 5700 -4846 peak flow =.90(3.18)(Imp. Area) = 0.88 cis 100 6000 0.48 0.14 879 6000 -5121 "208" TREATMENT REQUIREMENTS So, the Peak flow for the Basin is the greater of the lwo flows, Miriimum "208" Vdume Required 308 cu ft 0.86 cfs `Provided Treatment Volume CM cu P) DRYWELL REQUIREMENTS - 50 YEAR DESIGN STORM Ma)dmum Storage Required by Bowstring 87 cu R °':tw Provided Stora8e Volume cu ft Number and Type of DryweNs Required 0 Single 1 Double PEAK FLQ1lIJ' CALCUL4T1QN PROJECT: RIVERWALK 1ITH ADGITI(3N eoWSTRING METHflD pROJECT,. RI1lERVVALK 11 TH ADDItfON 10-Year Design Starm aETENriaN aAsiN aEsIGN BASIN. E C}E51GNER SKM aAfiE: 21-M1ar-02 BASIN: E 1"at. Area 8,575 SF 0.20 Acres Imp. Area 6300 SF Time Incremerrt (min) 5 C= 0.70 Lawns 015 Time of Cane. (min) 5.00 Pavement 0.90 Outflaw (cFs) 0 CASE 1 Dasign Year Flaw 10 Aaea (acres) 0.20 65 ft, Orerland Flow Impervivus lrea (sq ft) 6300 : "G' Factor 0.70 Ct = 0.15 Area " C 0.138 L= 65ft. Asphaftic Area 3,900 n s 0.40 S= 0.4200 ' Time Tirne Enc. Intens. Q Devel, U'ol.ln Vo1.out Sto(age tmin) (sec) f inltul (cis) (cu ft) {cu ft) Ecu ft? Tc = 3.43 min., by Equahsan 3-2 of Guidefines 5.00 300 3.18 0,44 177 4 177 90 ft. Guttetflvw 5 300 3,18 0,44 176 D 176 10 600 224 0,31 217 0 217 ZI = 50.0 ForZ2 - 15 900 1.77 024 245 0 245 Z2 = 35 Type B=1.0 20 1204 1.45 0.20 261 0 261 n= 4.016 Rfllled = 3.5 25 1500 1.21 0.17 268 0 268 5= 0.4110 ~ 34 1800 9.44 O.t4 213 0 273 35 2100 0.91 Q,13 277 0 277 d= 0.1 08a ft. 44 2400 0,87 0.i 1 283 D 283 45 2740 0.14 O.i0 286 4 296 50 3000 0.68 0.09 291 p 291 A R Q Tc Tc tolal 1 Qe 55 3300 0,64 0.09 304 4 300 0.31 0,05 0,44 1.07 5.00 3.21 0.44 64 3804 0.61 0,08 312 0 312 +65 3944 0.60 0.08 331 0 331 Qpeak for Gme 1= 4.44 cfs 70 4204 0.58 0.09 344 D 344 75 +4500 4.56 O.IQB 356 D 356 8o 4800 0,53 4.07 359 0 359 CASE 2 85 5100 052 OV7 373 0 373 90 544U 0,50 O.a7 380 0 380 Case 2 assu mes a Time af Cancerab'a4i4n 6ess 1han 5 minute.s sa that the 95 5704 0,49 027 392 0 392 peak flow -.90(3.1 8)(1mp..Area) = 0.41 cfs 100 6004 0,46 0.47 404 0 404 '-""208" TREATMENT REQUIREMENTS Sn, th e Peak Aaw far the Basirr is ihe Brea1er of the 1wo flows, Minimum "208" Vdume Required 163 cu ft 0.d4 cfs T" Provided TreahrtienkVolume 389 cu ft ~ ' PEAK FLOW CALCULATION PROJECT: RNERWALK 11TH ADDITION BOWSTRING METHOD PROJECT: RIVERWALK 11TH ADDITION 10-Year Desiqn Storm DETENTION BASIN DESIGN BASIN: A+E DESfGNER SKM BASIN: A+E DATE: 14-Mar-02 .kv-- ,-...4:..i'... ..Tot. Area 19,610 SF 0.45 Aaes Imp. Area 13600 SF Inaement (min) 5 C = 0.67 Lavrns 0.15 Time of Conc. (min) 6.46 PavemeM 0.90 1 OutBaw (cfs) CASE 1 Design Year Flow 10 Area (acres) 0.45 72 ft. Overiand Flow Impervious Area (sq R) 13604 Factor 0.67 Ct = 0.15 Area' C 0.302 L= 72 it. Area 8,800 n = 0.40 S= 0.0184 Time Time Inc. Intens. Q Devel. Vol.ln Vol.Out Storage (min) (sec) (iNhr) ci~ fcu R1 (cu Pt) (cu ft ~ L~ Tc = 3.13 min., by Equation 3-2 of Guidelines 6.46 388 2.80 0.83 430 388 42 :'.260 ft, Gulter flow 5 300 3.18 0,96 386 300 86 : 10 600 2.24 0.68 495 600 -105 , Zt = 50.0 For Z2 15 900 1,77 0.53 551 900 •349 Z2 = 3.5 Type B=1.0 20 1200 1,45 0.44 583 1200 -617 n= 0.016 Roped = 3.5 2~ <4:~ 25 1500 1.21 0.37 596 1500 -944 S= 0.0102 30 1800 1.04 0.31 606 1800 -1194 ;tk 35 2100 0,91 0.27 613 2100 -1487 d= 0.1395 (t. 40 2400 0.82 0.25 626 2400 -1174 45 2700 0.74 0Z2 632 2100 -2068 - 50 3000 0,68 0.21 642 3000 -2358 A R Q Tc Tc total I Qc 55 3300 0.64 0.19 663 3300 -2631 0.52 0.07 0.83 2.72 6.46 2N 0.83 60 3600 0.61 0.18 687 3600 -2913 65 3900 4.60 0.18 730 3900 -3170 Qpeak for Case 1= 0.83 cfs 10 4200 0.58 0.17 758 4200 -3442 15 4500 0.56 0.17 183 4500 -3717 80 4800 0.53 0.16 789 4800 -4011 CASE 2 - 85 5100 0.52 0.16 821 5100 -4219 90 5400 0.50 0.15 834 5400 -4566 Case 2 assumes a Time of Concentration less than 5 minutes so that tlhe 95 5700 0.49 0.15 862 5700 -4838 peak flow =.90(3.18)(Imp, Area) = 0.89 cfs - 104 6000 0.48 0.14 888 6000 -5112 , 208" TREATMENT REQUIREMENTS So, the Peak flow for ihe Basin is the greater of the two flows, Minlmum "208" Vokime Required 367 cu ft 0.89 cfs Provided Treatment Volume 450 cu ft ~ DRYWELL REQUIREMENTS -10 YEAR DESIGN STORM Maximum Sbrage Required by Bowstring 86 cu ft Provided Storage Volume cu ft Number and Type of DryveNs Required 0 Single 1 Double PEAK FLOW CALCULATION PROJECT: RIVERWALK 11TH ADDITION 50•Year Design Storm BASIN: A U Tot. Area 3,700 SF 0.08 Acres Imp. Area 3,700 SF C = 0.90 Lawns 0.15 Pavement 0.90 CASE 1 20 ft. Overland Flow Ct = 0.15 L = 20 ft. n = 0.016 S = 0.0200 Tc = 0.24 min., by Equation 3-2 of Guidelines 240 ft. Gutter flow Z1 = 50.0 For Z2 Z2 = 3.5 Type B= 1.0 n = 0.016 Rolled = 3.5 S = 0.0110 d = 0.1000 ft. A R Q Tc Tc total I Qc 0.27 0.05 0.35 3.02 5.00 4.58 0.35 Qpeak for Case 1= 0.35 cfs CASE 2 Case 2 assumes a Time of Concentration less than 5 minutes so that the peak flow =.90(4.58)(Imp. Area) = 0.35 cfs So, the Peak flow for the Basin is the greater of the two flows, 0.35 cfs PEAK FLOW CALCULATION PROJECT: RIVERWALK 11TH ADDITION 50-Year Design Storm BASIN: B ~ Tot. Area 9,000 SF 0.21 Acres Imp. Area 9,000 SF C = 0.90 Lawns 0.15 Pavement 0.90 CASE 1 20 ft. Overland Flow Ct = 0.15 L = 20 ft. n = 0.016 S = 0.0200 Tc = 0.24 min., by Equation 3-2 of Guidelines 272 ft. Gutter flow Z1 = 50.0 For Z2 Z2 = 3.5 Type B= 1.0 n= 0.016 Rolled=3.5 S = 0.0160 d = 0.1295 ft. A R Q Tc Tc total I Qc 0.45 0.06 0.85 2.39 5.00 4.58 0.85 Qpeak for Case 1= 0.85 cfs CASE 2 Case 2 assumes a Time of Concentration less than 5 minutes so that the peak flow =.90(4.58)(Imp. Area) = 0.85 cfs So, the Peak flow for the Basin is the greater of the two flows, 0.85 cfs ~ _ PEAK FLOW CALCULATION PROJECT: RIVERWALK 11TH ADDITION 50-Year Design Storm BASIN: C ~ Tot. Area 6,100 S F 0.14 Acres Imp. Area 6,100 SF C = 0.90 Lawns 0.15 Pavement 0.90 CASE 1 20 ft. Overland Flow Ct = 0.15 L = 20 ft. n = 0.016 S = 0.0080 Tc = 0.32 min., by Equation 3-2 of Guidelines 240 ft. Gutter flow Z1 = 50.0 For Z2 Z2 = 3.5 Type B= 1.0 n = 0.016 Rolled = 3.5 S = 0.0160 d = 0.1120 ft. A R Q Tc Tc total I Qc 0.34 0.06 0.58 2.32 5.00 4.58 0.58 Qpeak for Case 1= 0.58 cfs CASE 2 Case 2 assumes a Time of Concentration less than 5 minutes so that the peak flow =.90(4.58)(Imp. Area) = 0.58 cfs So, the Peak flow for the Basin is the greater of the two flows, 0.58 cfs ~ - PEAK FLOW CALCULATION PRO,IECT: RIVERWALK 11TH ADDITION 50-Year Design Storm BASIN: D ~mF ~ Tot. Area 4,400 SF 0.10 Acres Imp. Area 4,400 SF C = 0.90 Lawns 0.15 Pavement 0.90 CASE 1 20 ft. Qverland Flow Ct = 0.15 L = 20 ft. n = 0.016 S = 0.0050 Tc = 0.37 min., by Equation 3-2 of Guidelines 237 ft. Gutter flow Z1 = 50.0 For Z2 Z2 = 3.5 Type B= 1.0 n = 0.016 Rolled = 3.5 S = 0.0102 d = 0.1080 ft. A _ R Q Tc Tc total I Qc 0.31 0.05 0.42 2.95 5.00 4.58 0.42 Qpeak for Case 1= 0.42 cfs CASE 2 Case 2 assumes a Time of Concentration less than 5 minutes so that the peak flow =.90(4.58)(Imp. Area) = 0.42 cfs So, the Peak flow for the Basin is the greater of the two flows, 0.42 cfs ~ • PEAK FLOW CALCULATION PRO.IECT: RIVERWALK 11TH ADDITION 50-Year Design Storm BASIN: E Tot. Area 8,575 SF 0.20 Acres ~ Imp. Area 6,300 SF C = 0.70 Lawns 0.15 Pavement 0.90 CASE 1 65 ft. Overland Flow Ct = 0.15 L = 65 ft. n = 0.40 S = 0.0200 Tc = 3.43 min., by Equation 3-2 of Guidelines 90 ft. Gutter flow Z1 = 50.0 For Z2 Z2 = 3.5 Type B= 1.0 n= 0.016 Rolled=3.5 S = 0.0110 d = 0.1240 ft. A R Q Tc Tc totai I Qc 0.41 0.06 0.63 0.98 5.00 4.58 0.63 Qpeak for Case 1= 0.63 cfs CASE 2 Case 2 assumes a Time of Concentration less than 5 minutes so that the peak flow =.90(4.58)(tmp. Area) = 0.60 cfs So, the Peak flow for the Basin is the greater of the two flows, 0.63 cfs ~ PEAK FLOW CALCULATION PROJECT: RIVERWALK 11TH ADDITIOh 50-Year Design Storm BASIN: A+E ~ Tot. Area 6,400 SF 0.15 Acres Imp. Area 6,365 SF C = 0.90 Lavms 0.15 Pavement 0.90 CASE 1 20 ft. Oveiland Flow Ct = 0.15 L = 20 ft. n = 0.016 S = 0.0184 Tc = 0.25 min., by Equation 3-2 of Guidelines 240 ft. Gutter flow Z1 = 50.0 For Z2 22 = 3.5 Type B= 1.0 n = 0.016 Rolled = 3.5 S = 0.0102 d = 0.1240 ft. A R Q Tc Tc total . I Qc 0.41 0.06 0.60 - - --2.72 5.00 " . -4.58 0.60 Qpeak for Case 1= 0.60 cfs CASE 2 Case 2 assumes a Time of Concentration less than 5 minutes so that the peak flow =.90(4.58)(Imp. Area) = 0.60 cfs So, the Peak flow for tfie Basin is the greater of the two flows, 0.60 cfs ~ PEAK FLOW CALCULATION PROJECT; RIVERWALK 11TH ADDITION'' BOWSTRING METHOD PROJECT: RIVERWALK 11TH ADDITION 50-Year Design Storm DETENTION BASIN DESIGN BASIN: A DESIGNER: SKM BASIN: A DATE: 10-Mar-02 Tot. Area 11,035 SF 0.25 Acres Time Increment (min) 5 Imp. Area 7,300 SF Time of Conc. (min) 6.81 Outflow (cfs) 0 C= 0.65 Lawns 0.15 Design Year Flow 50 Pavement 0.90 Area (acres) 0.25 Impervious Area (sq ft) 7300 CASE 1 'C' Factor 0.65 Area' C 0.164 65 ft. Overland Flow Asphaltic Area 4,900 Ct = 0.15 Time Time Inc. Intens. Q Devel. Vol.ln Vol.Out Storage L= 65 ft, min sec inmr cfs (cu ft) (cu ft) (cu ftL n= 0.40 6.81 409 3.44 0.66 362 0 362 S = 0.0100 5 300 4.58 0.75 301 0 301 Tc = 4.22 min., by Equation 3-2 of Guidelines 10 600 3.20 0.52 387 0 387 15 900 2.45 0.40 417 0 417 240 ft. Gutter Flow 20 1200 1,97 0.32 432 0 432 25 1500 1.67 0.27 448 0 448 Z1= 50.0 For Z2 30 1800 1.45 0.24 460 0 460 Z2 = 3.5 Type B=1.0 35 2100 1.30 0.21 476 0 476 n= 0.016 Rolled = 3.5 40 2400 1.18 0.19 490 0 490 S= 0.0110 45 2700 1.08 0.18 502 0 502 50 3000 0.99 0,16 509 0 509 d= 0.1260 ft. 55 3300 0.92 0.15 518 0 518 60 3600 0.87 0.14 532 0 532 65 3900 0.82 0.13 542 0 542 A R Q Tc Tc total I Qc 70 4200 0.80 0.13 568 0 568 0.42 0.06 0.66 2.59 6.81 4.04 0.66 75 4500 0.77 0.13 585 0 585 80 4800 0.75 0.12 606 0 606 Qpeak for Case 1= 0.66 cfs ~ 85 5100 0.72 0.12 617 0 617 90 5400 0.71 0.12 644 0 644 " 95 5700 0.69 0.11 659 0 659 100 6000 0.67 0.11 673 0 673 CASE 2 "208" TREATMENT REQUIREMENTS Case 2 assumes a Time of ConcentraGon less than 5 minutes so that the Minimum "208" Volume Required 204 cu ft peak flow =.90(4.58)(Imp, Area) = 0.69 cfs Provided Treatment Volume 261 cu ft So, the Peak flow for the Basin is the greater of the lwo flows, 0.69 cis PEAK FLOW CALCULATION PROJECT; RIVERWALK 11TH ADDITION' BOWSTRING METHOD PROJECT: RIVERWALK 11TH ADDITION 50-Year Design Storm DETENTION BASIN DESIGN BASIN: B DESIGNER: SKM BASIN: B DATE: 10•Mar-02 Tot. Area 49,400 SF 1.13 Acres Time Increment (min) 5 Imp. Area 19,800 SF Time of Conc. (min) 5.99 Outflow {cfs} 1 C= 0.45 Lawns 0.15 Design Year Flow 50 Pavement 0.90 Area (acres) 1.13 , Impervious Area (sq ft) 19800 CASE 1 'C' Factor 0.45 Area ' C 0.511 76 ft. Overland Flow Asphaltic Area 12,600 Ct = 0.15 ` Time Time Inc. Intens. Q Devel. Vol.ln Vol.Out Storage L= lfi ft. min sec in/hr cfs cu ft cu ft cu ft n= 0.40 5.99 359 3.53 2.19 1055 359 696 S = 0.0150 5 300 4.58 2.34 941 300 641 Tc = 4.10 min., by Equation 3-2 of Guidelines 10 600 3,20 1.64 1181 600 581 15 900 2.45 125 1280 900 380 272 ft. Gutterflow 20 1200 1.97 1,01 1331 1200 131 25 1500 1.67 0,85 1384 1500 •116 Zt = 50.0 For Z2 30 1800 1.45 0,74 1424 1800 -376 Z2 = 3.5 Type 8 =1.0 35 2100 1.30 0.66 1476 2100 -624 n= 0.016 Rolled = 3.5 40 2400 1.18 0.60 1521 2400 -879 S= 0,0160 45 2700 1.08 0.55 1558 2700 -1142 ~ 50 3000 0.99 0.51 1580 3000 -1420 d= 0.1845 ft. 55 3300 0.92 0,47 1609 3304 -1691 60 3600 0.87 0.44 1655 3600 -1945 65 3940 0.82 0.42 1685 3900 -2215 A R Q Tc Tc total I Qc i70 4200 0.80 0.41 1767 4200 •2433 0.91 0.09 2.19 1.89 5.99 4.29 2.19 75 4500 0.77 0.39 1819 4500 -2681 80 4800 0.75 0.38 1887 4800 •2913 Qpeak for Case 1= 2.19 cfs 85 5100 0.72 0.37 1921 5100 -3179 90 5400 0.71 0.36 2004 5400 -3396 95 5700 0.69 0.35 2053 5700 -3647 100 6000 0.67 0,34 2096 6000 -3944 CASE 2 "208" TREATMENT REQUIREMENTS Case 2 assumes a Time of Concentration less than 5 minutes so that the Minimum "208" Volume Required 525 cu ft peak flow =.90(4.58)(Imp. Area) = 1.87 cfs Provided Treatment Volume 595 cu ft ;y DRYWELL REQUIREMENTS - 50 YEAR DESIGN STORM Maximum Storage Required by Bowstring 696 cu ft So, the Peak flow for the Basin is the greater of the two flows, , Provided Storage Volume cu ft 2.19 cfs Number and Type of Orywells Required 0 Single 1 Double ; PEAK FLOW CALCULATION PROJECT: RIVERWALK 11TH ADDITION BOWSTRING METHOD PROJECT: RIVERWALK 11TH ADDITION 50•Year Design Storm OETENTION BASIN DESIGN BASIN: C DESIGNER: SKM BASIN: C DATE: 21-Mar-02 : Tot. Area 85,700 SF 1,97 Acres Time Increment (min) 5 Imp, Area 15,100 SF Time of Conc. (min) 6.36 Outflow (cfs) 1 C= 0.28 Lawns 0.15 Design Year Flow 50 Pavement 0.90 Area (acres) 1.97 Impervious Area (sq ft) 15100 CASE 1 'C' Factor 0.28 Area ` C 0.555 70 ft.Overland Flow AsphalticArea 9,100 Ct = 0.15 Time Time Inc. Intens. Q Devel. Vol,ln Vol.Out Storage L= 70 ft. min) sec (iNhr) (gjs (cu ft) (cu fi) _ (cu ft~ n= 0.40 6,36 381 3.49 2.32 1185 381 804 s = 0.0080 5 300 4.58 2,54 1022 300 722 Tc = 4.71 min., by Equation 3-2 of Guidelines 10 600 3.20 1.78 1296 600 696 15 900 2.45 1.36 1400 900 500 240 ft. Gutter flow 20 1200 1.97 1.09 1454 1200 254 25 1500 1.67 0.93 1511 1500 11 Z1 = 50,0 For Z2 30 1800 1.45 0.80 1553 1800 -247 Z2 = 3,5 Type B=1,0 35 2100 1.30 0.72 1609 2100 -491 n= 0.016 Rolled = 3.5 40 2400 1.18 0.66 1657 2400 -743 ~ S= 0.0160 45 2700 1.08 0.60 1696 2700 -1004 50 3000 0.99 0.55 1720 3000 -1280 d= 0.1887 ft. 55 3300 0.92 0.51 1751 3300 -1549 60 3600 0.87 0.48 1801 3600 -1799 65 3900 0.82 0.46 1834 3900 -2066 A R Q Tc Tc total I Qc 70 4200 0.80 0.44 1923 4200 -2277 0.95 0.09 2.32 1.64 6.36 4.18 2.32 75 4500 0.77 0.43 1979 4500 -2521 80 4800 0.75 0.42 2052 4800 -2148 Qpeak for Case 1= 2.32 cfs 85 5100 0.72 0.40 2090 5100 -3010 90 5400 0.71 0.39 2179 5400 -3221 95 5700 0.69 0.38 2233 5700 -3467 100 6000 0,67 0.37 2280 6000 -3720 CASE 2 "208" TREATMENT REQUIREMENTS Case 2 assumes a Time of Concentration less than 5 minutes so that the Minimum "208" Volume Required 379 cu ft peak flow =.90(4.58)(Imp. Area) = 1.43 cfs Provided Treatment Valume 429 cu ft DRYWELL REQUIREMENTS - 50 YEAR DESIGN STORM Maximum Storage Required by Bowstring 804 cu ft So, the Peak flow for the Basin is the greater of the Nvo flows, , Provided Storage Volume cu ft 2.32 cfs Number and Type of Drywells Required 0 Single ~ 1 Double a PROJECT PEAK FLOW CALCULATION PROJECT; RIVERWALK 11TH ADDITION ~;i BOWSTRING METHOD : RIVERWALK11TH ADDITION 50-Year Design Storm DETENTION BASIN DESIGN BASIN: D DESIGNER: SKM BASIN: D DATE: 10-Mar-02 Tot. Area 19,300 SF 0,44 Acres Time Increment (min) 5 Imp. Area 13,400 SF Time of Conc. (min) 7.78 Outflow (cfs) 1 C= 0.67 Lawns 0.15 Design Year Flow 50 Pavement 0.90 Area (acres) 0.44 Impervious Area (sq ft) 13400 CASE 1 'C' Factor 0.67 Area ` C 0.297 71 ft. Overland Flow Asphaltic Area 7,400 Ct = 0.15 Time Time Inc. Intens. Q Devel. Vol.ln Vol.Out Storage L= 71 ft. min) sec iNhr (Ef s (cu ft) (cu ft) (cu ftL n= 0.40 7.78 467 3.33 1.12 698 467 231 S = 0.0050 5 300 4.58 1.36 547 300 247 Tc = 5.48 min., by Equation 3-2 of Guidelines 10 600 3.20 0.95 722 600 122 15 900 2.45 0.73 771 900 -129 237 ft. Gutter flow 20 1200 1.97 0.59 795 1200 -405 25 1500 1,67 0.50 823 1500 -677 Z1= 50.0 For Z2 ' 30 1800 1.45 0.43 844 1800 -956 Z2 = 3.5 Type B=1,0 35 2100 1.30 0.39 873 2100 -1227 n= 0.016 Rolled = 3.5 40 2400 1.18 0.35 897 2404 -1503 S= 0,0102 y° 45 2700 1.08 0.32 918 2700 -1782 ~ 50 3000 0,99 0.29 929 3000 -2071 tl= 0.1560 ft. 55 3300 0,92 0.27 946 3300 -2354 ' 60 3600 0.87 0.26 972 3600 -2628 65 3900 0.82 0.24 989 3900 -2911 A R Q Tc Tc total I Qc 70 4200 0.80 0.24 1036 4200 -3164 0.65 0.08 1.12 2.30 7.78 3.76 1.12 75 4500 0,77 0.23 1066 4500 -3434 ' 60 4800 0.75 022 1105 4800 -3695 Qpeak for Case 1= 1.12 cfs 85 5100 0,72 021 1125 5100 -3975 90 5400 0.71 0.21 1173 5400 -4227 95 5700 0.69 021 1201 5700 -4499 100 6000 0.67 0.20 1226 6000 -4774 CASE 2 "20$" TREATMENT REQUIREMENTS Case 2 assumes a Time of Concentration less than 5 minutes so that the Minimum "208" Volume Required 308 cu ft peak flow =.90{4.58}(Imp. Area) = 1.27 cfs Provided Treatment Volume 335 cu ft DRYWELL REQUIREMENTS - 50 YEAR DESIGN STORM Maximum Storage Required by Bowstring 247 cu ft So, the Peak flow for the Basin is the greater of the two flows, Provided Storage Volume cu ft 1.27 cfs Number and Type of Drywells Required 0 Single 1 Double PEAK FLOW CALCULATION PROJECT: RIIIERWALK 11TH ADDITIO ~ BOWSTRING METHOD PROJECT: RNERWALK 11TH ADDITION 54-Year Design Stortn DETENTION BASIN DESIGN BASIN: E DESIGNER SKM BASIN: E , DATE: 21-Mer-02 Tot. Area 8,575 SF 0.20 Acres Time Increment (min) 5 Imp. Area 6,300 SF Time of Conc. (min) 5.00 Outflow (cfs) 1 C= 0.70 Lawns 0.15 'n A Design Year Flow 50 Pavement 0.90 ; Area (acres) 0.20 Impennous Area (sq ft) 6300 CASE 1 ~'C Factor 0.70 Area ` C 0.138 65 ft. Overland Flow ~ Asphaffic Area 3,900 Ct = 0.15 Time Time Inc. Intens. Q Devel. Vol.ln Vol.Out Storege L= 65 ft. -_(min) sec pNhr) cfs (cu ft) (cu ft) (cu ft~ n■ 0.40 5.06 300 .-..3.64 0.63 2300 S = 0.0200 S 300 4.58 0.63 254 300 -48 Tc = 3.43 min., by Equaaon 3-2 of Guidelines 10 600 3.20 0.44 310 600 -290 15 900 2.45 0.34 339 900 -581 90 ft. Gutter flaw 20 1200 1.97 0.27 354 1200 -846 25 1500 1.67 023 369 1500 -1131 Z1= 50.0 For Z2 ' 30 1800 1,45 020 381 1800 -1419 72 = 3.5 Type B=1.0 35 2100 1.30 0.18 395 2100 -1705 n= 0.018 Rolled = 3.5 ~ 40 2400 1,18 0.16 407 2440 -1993 S= 0.0110 45 2700 1.08 0.15 418 2100 -2282 50 3000 0,99 0.14 424 3000 -2578 d= 0.1245 ft. 55 3300 0.92 0.13 432 3300 -2868 60 3600 0.87 0.12 444 3600 -3156 - A 65 3900 0.82 0.11 453 3900 -3447 A R Q Tc Tc total I Qc f-- ; 70 4200 0.80 0.11 415 4200 -3725 _ - 0,41 0.06 0.63 0.98 5.00 4.58 0.63 15 4500 0.77 0.11 489 4500 -4011 --80 4800 0.15 0.10 507 4800 -4293 Qpeak for Case 1= 0.63 cfs - 85 5100 0.72 0,10 517 5100 -4583 - 90 5400 0.11 0.10 539 5400 -4861 95 5700 0.69 0.10 552 5700 -5148 •~=100 6000 0.67 0.09 564 6000 -5436 CASE 2 "208" TREATMENT REQUIREMENTS Case 2 assumes a Time of Concentration less than 5 minutes so that the Minimum "208" Volume Required 163 cu ft peak flow =.90(4.58)(Imp. Area) = 0.60 cis Provided Treatment Volume 189 cu ft a So, the Peak flow for the Basin is the greater of the two flows, 0.63 cfs f€ PEAK FLOW CALCULATION PROJECT: RIVERWALK 11TH ADDITION BOWSTRING METHOD PROJECT, RIVERWALK 11TH ADDITION 50•Year Design Storm DETENTION BASIN DESIGN BASIN: A+E DESIGNER; SKM BASIN: A+E DATE: 10-Mar-02 Tot. Area 19,610 SF 0.45 Acres Time Increment (min) 5 Imp. Area 13,600 SF Time of Conc. (min) 6,18 4utflow (cfs) 1 I C= 0.67 Lawns 0.15 Design Year Flow 50 Pavement 0.94 Area (acres) 0.45 Impervious Area (sq ft) 13600 CASE 1 'C' Factor 0.67 Area ' C 0.302 72 ft. Overland Flow Asphaltic Area 8,800 Ct = 0,15 Time Time Inc. Intens. Q Devel. Vol.ln Vol.Out Storage L= 72 ft. (min) sec (inlhr) cfs (cu ft) (cu ft) (cu ftL- n= 0.40 6.18 371 3.51 1.28 635 371 265 S = 0.0184 5 300 4,58 1.38 555 300 255 Tc = 3.73 min., by Equation 3-2 of Guidelines 10 600 3.20 0.97 701 600 101 15 900 2.45 0.74 758 900 -142 260 ft. Gutter flow 20 1200 1.97 0.59 788 1200 -412 25 1500 1.67 0.50 819 1500 -681 Z1 = 50.0 For Z2 30 1800 1.45 0.44 843 1800 -957 Z2 = 3.5 Type B=1.0 35 2100 1.30 0.39 873 2100 •1227 n= 0.016 Rolled = 3.5 40 2400 1.18 0.36 899 2400 -1501 S= 0.0102 45 2700 1.08 0.33 921 2700 -1779 50 3000 0.99 0.30 934 3000 -2066 d= 0.1642 ft. 55 3300 0.92 0.28 951 3300 -2349 p 60 3600 0.87 0.26 978 3600 -2622 65 3940 0.82 0.25 996 3900 -2904 A R Q Tc Tc total I Qc ~ 70 4200 0.80 0.24 1044 4200 -3156 0.72 0.08 1.28 2,44 6.18 423 1.28 75 4500 0.77 0.23 1075 4500 -3425 80 4800 0.75 0.23 1115 4800 -3685 Qpeak for Case 1= 1.28 cfs 85 5100 0.72 0.22 1135 5100 -3965 ' 90 5400 0.71 0.21 1184 5400 -421 fi 95 5700 0.69 0.21 1213 5700 -4487 100 6000 0.67 0.20 1238 6000 -4762 CASE 2 "208" TREATMENT REQUIREMENTS Case 2 assumes a Time of Concentration less than 5 minutes so that the Minimum "208" Volume Required 367 cu ft peak flow =.90(4.58)(Imp. Area) = 1.29 cfs Provided Treatment Volume 450 cu ft DRYWELL REQUIREMENTS - 50 YEAR DESIGN STORM ' Maximum Storage Required by Bowstring 265 cu ft So, the Peak flow for the Basin is the greater of the two flows, ~ Provided Storage Volume cu ft 1.29 cfs : Number and Type af Drywells Required 0 Single ' 1 Double a, . INLET CALCULATIONS RIVERWALK l 1TH ADDlTION 5000177 Spokane County, Washington 03/21l02 ~ Engineer: SKM CURB INLET FLOW CAPACITIES in Sump Conditions Curb Inlet Basin Basin + [nlet Maximum Maximum By-Pass ' lnlet Street and Inlet Type Peak Flow By-Pass* Length Flow Depth** Discharge*** Flow Statian cfs ft H Qa - a SHANNON LANE 'I'YPE 2 ~ B STA 17+15.24 LT. CURB 1.43 1.43 4.00 0.50 4.37 -2.94 SHANNON LANE TYPE 1 ~ C STA 17+15.24 RT. CURB 1.74 1.74 4.00 0.50 4.37 -2.63 I i NUTE: TYPE I CURB 11vLET TYPE 2 CURB INLET Qa = 3.087 * L* f I^ 1.5 Curb Inlet Depression = 2 in. Curb Inlet Depression = 2 in. Where L= Length of Curb Drop, H= Flow Depth Maximum Inlet Height = 8 in. Curb Inlet Length = 4 ft. Maximum inlet Height = 6 in, * By-Pass flows from upstream inlets on continuous grades. Maximum Flow Depth is based on Inlet height Calculated per Section 4-1 of the Spokane County Guidelines for Stormwater Management CurbDropS RIVERWALK I 1TH ADDITION S000177 Spokane County, Washington 03/10102 ~ Engineer: SKM CURB INLET CALCULATIONS on Continuous Grade Curb [nlet Basin Basin + Gutter Roughness Depth Discharge Inlet By-Pass BASIN Street and [nlet Type Peak Flow By-Pass Slope Cross slope Coeff. Z of Flow pcr Lcngth Length Flow Station s S lIZ n n d~ alLa** La - a RIVERWALK LANE Type 2 0•4 p,y~1 4^01P"' E STA 38+41.31 RT, Curb 41 0. 1 0.0110 0.03U4 0.01 GO 205G 0. l2 0.082 4.00 RIVERWALK LANE Type 2 O.bO A STA 36+86.01 RT. Curb 0,48 56 0.0111 0.0304 0.0160 2056 0.13 0,092 8.00 -0.17 RIVERWALK LANE Type I D STA 37+14.93 LT. Curb 0.88 0.88 0.0105 0.0304 0.0160 2056 0.16 T 0.110 8.00 0.00 NOTE: TYPES I& 2 CURB INLETS Curb Inlet Depression = 2 in. " Calculatcd per Figure 18 of the Spokane County Guidclincs for Stormwater Management Calculated per Figure 16 of the Spokane County Guidelines for Stormwater Management 2 inch curb inlet depression included CurbDropC RIVERWALK 11TH ADDITION S000177 Spokane County, Washington 03/10102 somow Storm Engineer: SKM CURB INLET CALCULATIONS on Continuous Grade Curb Inlet Basin Basin + Gutter Roughness Depth Discharge Inlet By-Pass BASIN Street and Inlet Type Peak Flow Ry-Pass Slope Cross slope Coeff. Z of Flow per Length Length Flow Station cfs) S 1/Z n n d* a/La** La - a RIVERWALh LANE Type 2 E STA 38+41.31 RT. Curb 0.60 0.60 0.0111 0.0304 0.0160 2056 0.14 0.094 4.00 0.22 RIVERWALK LANE Type 2 A STA 36+86.01 RT. Curb 0.69 0.91 0.0111 0.0304 0.0160 2056 0.16 0.110 8.00 0.03 RNERWALK LANE Type 1 D STA 37+14.93 LT. Curb 1.27 1.27 0.0105 0.0304 0.0160 2056 0.18 0.126 8.00 0.26 NOTE: TYPES 1& 2 CURB 1NLETS Curb inlet Depression = 2 in. * Calculated per Figure 18 of the Spokane County Guidelines for Stormwater Management Calculated per Figure lb of the Spokane County Guidelines for Stormwater Management 2 inch curb inlet depression included CurbDropC RIVERWALK 11TH ADD1T10N Engineer: SKN1 Spokane County, Washington 03121/02 Event I Engineer: SKM CURB INLET FLOW CAPACITIES in Sump Conditions Curb Inlet Basin Basin + Inlet Maximum Maximum By-Pass Inlet Street and Inlet Type Peak Flow By-Pass* Length Flow Depth** Discharge*** Flow Station (cfs) ft) H a Q- a SHANNON LANE TYPE 2 B STA 17+15.24 LT. CURB 2.19 2.19 4.00 0.50 4.37 -2.18 SHANNON LANE TYPE 1 C STA 17+15.24 RT. CURB 2.32 2.32 4.00 0.50 4.37 -2.05 I NOTE: TYPE 1 CURB INLET TYPE 2 CURB INLET Qa = 3.087 * L* H^ 1.5 Curb Inlet Depression = 2 in. Curb Inlet Depression = 2 in. Where L= Length of Curb Drop, H= Flow Depth Maximum Inlet Height = 8 in. Curb Inlet Length = 4 ft. Maximum Inlet Height = b in. * By-Pass flows fram upstream inlets on continuous grades. Maximum Flow Depth is based on Inlet height Calculated per Section 4-1 of the Spokane County Guidelines for Stormwater Management CurbDropS FLOODED WIDTH CALCULATIONS 1 , ~ i _ _ ~ 1---t ~ ..i ~ ~t-„ ~-a 4 i ~ . 3uj ± ~ 1 ~I . t 1 -rr ~ ci' -r h Y''" `"-1~ 1~ i , :r-- _ k ~ • ~ _ - . a. ~ ~ . -`«...i--'~ ~ • ni ~ v, ~ . ~t A 1 ` ~ ~ i ~ , . 1, 9 ~ - - ; - ~ 714 y~_ << ~ - ~ .~-y ~ 0] , - j, 1 _ . a-' -L-.r..• . , , t t' , _ . ' . , _ . . C" ~ ~ . i ~ r..... / / Uy~ . . . 1_ a . ~J ^1 ~ T 1 + ' ~ . . ~ . . ~ { • 1 T ~ r . ~ ~ C._._._ - ' - 1►1 ' ~ ~.~i L (605) o~q-s5t (606) 'VlM~`~+uns't°~ ~u4i~N~OT66 ppZ 41L Isab LOL CLC 707 wat 7th A.e. PlanninR Associstes, [nc. Saite 200 Engineering ' Splane, WA 99204 Architecture (509) 458-6840 Landscape Mchitecture (509) 458-4844 FAX i.and SunvyinR = ~ = ~ ~ ~ - ! , nw ~ Va ~ue~r "Floocl,uJl. t,)i dYI1 `&r1 - ~ _ . ~ . ; a = _ . . . . , . 1 i ~ . _ . . . . - , . _ _ . . _..t _ . . ~ ~ . V ~ • ~ ~ _ _ . ' _ y. . . . . . , ~ ~ ~ - - p,OZ t , , . . . . . . e . 13' _ - ~ . --7-rt--fi---~---t-t-trt- ~ - A==j , 41h . . ~ ► rr~ n/~r -4 C~U n, s ~ + - , - - - , 1 c►~u, ~~ead,~l, c.,vid~► - - Z 2, s'~ l Z' vy~ t n c rn u'm 61 I , _ . . - . > _ _ . t r 1._ ' Z_- t- t . I 1 ~ . , . , . . , ! . . . , . . I f . ~ ~ ine PAR oF MISCELLANEOUS CALCULATIONS Scenario:Base Pipe Report Label UpsVea ownstrea Total Length onstructe Section annings Full Upstrea vmstrea Upstrea ownstrea Upstrea ownstrea ydrauli Hydrauli System Average Node Node Syste (ft) Slope Size n Capacity Invert Invert Ground Ground Cover Cover Grade Grade Fixed Velocity Flow (NR) (cis) Elevation Elevation Elevation Elevation (ft) (ft) Line In Line Out Flow (ft!s) (cfs) (ft) (ft) (ft) (ft) (n) (n) (Cfs) P-1 1-1 0-1 2.19 58.00 0.027857 12 inch 0.010 7 73 2,018.13 2,016.57 2,020.13 2,019.57 1.00 2.002,018.76 2,016.94 2.19 623 Title: Riverwalk 11th Project Engineer: SKM c:lhaestadlstmc1tw11.stm CLC AssoaiAbs Inc StormCAD v4.1 [428] 03/21102 08:52:32 AM CHaestad Methods, Inc. 37 Brookside Road Waterbury, CT 06708 USA +1-203-755-1666 Page 1 af 1 Profile Scenario: Base Labe : 0-1 Ri m: 2,019 . 5l ft La be :-1 Sump: 2,016.57 ~ Rim: 2,020.13 ft mp. ~2 Su ,018.13 ft 2,020.50 2,019.50 2,018.50 E evation (ft) ~ - 2,017.50 ; 2,016.50 0+00 0+ 151/0+30 0+45 0+60 Stabon ; (ft) ~ ~ ~ 1 Labe : P-1 Up. Invert- 2,018.13 ft Dn. nvert 2,016.57 ft L: 56.00 ft Size: 12 i nch S: 0.027857 f~ft Title: Rivervvalk 11th Project Engineer; SKM c:lhaestadlstmclrw11.stm CLC Assxiates Inc StormCAD v4.1 [4281 03121/02 08:55:30 AM ~ Haestad Methods, Inc. 37 Brookside Road Waterbury, CT 06708 USA +1-203-755-1666 Page 1 of 1 BASIN MAP DRAFT COPY scnaJEcr To RE-visioN c,o ~ _ - Q.Q c,'R 0~ . . . . RECEIVED - ~ ~APR 18 1002 . ~ SPOKANE COUNTY ENGINEER . ~ DECI-ARATION OF COVENANTS, CONDITIONS ~ AND RESTRICTIONS . ~ FOR RIVERVALK ELEVENTH ADDI TION ~ (a Planned Unit Development) . ~ Plo After Recording Return to: '-C40I-7 --7 . ~ .Jerry Trunkenbolz lzi'°'"'"' x.s.- ~ TRUNKEIJBOLZ I ROxR PLLC 12704 E. Nora Avenue . Spokane, WA 99216 . . ~ RIVERWALK ELEVENTH ADDITION CCRs Page 1 r . - TABLE OF CONTENTS - Page ARTICLE 1 DEFINITIONS 5 1.1 'Word Defined 5 ARTICLE 2 PROPERTY SUBJECT TO THIS DECLARATION 8 2.1 Property Hereby Subjected to This Declaration..... 8 2.2 Other Property 8 ARTICLE 3 RIVERWALK ELEVENTH HOME OWNERS ASSOCIATION........ 9 3.1 Description of Association................... 9 3.2 Board of Directors 9 ~ 3:3 Membership 9 3.4 Voting 10 3.5 Architectural Review Committee 10 - ARTICLE 4 ASSESSMENTS 12 4.1 Purpose of Assessment 12 4.2 Creation of the Lien and Personal Obligation for Assessments 12 4:3 Computation..........................* 13 4.4 Revised Budget 13 4.5 Special Assessments 13 4.6 Lien for assessments 14 4.7 Effect of Nonpayment of Assessments; Remedies of -the Association 14 4.8 Date of Commencements of Assessments..* 15 4.9 Specific Assessments 15 4.10 Budget Deficits During Declarant Control.:........ 15 ARTICLE 5~ CONVEYANCE OF COMMON AREAS . TO ASSOCIATION 16 5.1 Association's Responsibility 16 ~ 5.2 Property Not Owned by Association 16 _ 5.3 Damage Caused by Owner............................ 16 5.4 Owner's Responsibility 16 5.5 Conveyance of Common Areas and Special Benefit Common Areas by Declarant to Association.......... 17 5.6 Conversion of Common Areas 17 • RIVERWALK ELEVENTH ADDITION CCRs Page 2• ( ♦ ~ ARTICLE 6 USE RESTRICTIONS AND RULES 17 ~ 6.1 General Rules and Regulations 18 6.2 Residential Use................................... 18 6.3 Building and Landscaping Requirements and Restrictions 18 6.4 Signs 19 6.5 Vehicles 19 . 6.6 Vehicles on Common Areas 20 6.7 Leasing 20 6.8 Occupants Bound 21 6.9 Animals 21 6.10 Nuisance 21 6.11 Unsightly or Unkempt Conditions 21 - 6.12 Antennas 22 6.13 Tree Removal 22 6.14 22 6.15 Sig ~tance at Intersections 22 6.16 Garbage cans, Woodpiles, Etc 22 6.17 Subdivision of Lot 23 ~ 6.18 Guns.............................................. 23 - 6.19 Utilities 23 6.20 Lighting 23 6.21 Artificial Vegetation, Exterior Sculpture, and Similar Items 23 ~ 6.22 Swimming Pools 23 . 6.23 Mailboxes 24 6.24 Clotheslines 24 6.25 Exterior Security Devices 24 6.26 Construction and Sale Period 24 ARTICLE 7 INSUR.ANCE AND CASUALTY LOSSES 24 7.1 Insurance Coverage 24 7.2 Policy Requirements 25 7.3 Other Insurance 26 7.4 Individual Insurance 26 _ 7.5 Damages and Destruction Insured by . Association 26 7.6 Damages and Destruction Insured by . Owners 27 7.7 . Insurance Deductible 28 ARTICLE 8 CONDEMNATION 28 ARTICLE 9 ANNEXATION OF ADDITIONAL PROPERTY - MERGER ~ WITH ANOTHER HOMEOWNERS ASSOCIATION PERMITTED..... 28 RIVERWAI,K ELEVENTH ADDITION CCRs Page 3 ~ ) . . . 9.1 Annexation 28 9.2 Other Annexation 29 9.3 Merger With~Another Homeowners' Association Permitted 29 ' ARTICLE 10 MORTGAGEE PROVISIONS 29 10.1 Notice of Action 29 10.2 No Priority........................................ 30 10.3' -Notice to Association 30 . 10.4 Applicability of Article 10 30 10.5 Amendments by Boar,d 30 ARTICLE 11 EASEMENTS 30 11.1 Easements for Use and Enjoyment 30 , 11.2 Easement for Utilities ............................'32 11.3 Easement for Entry.................................. 33 11.4 Easement for Maintenance 33 11.5 Easement for Entry Features 33 - 11. Construction and Sale Period Easement 33 ARTICLE 12 GENERAL PROVISIONS 34 12.1 Enforcement........................................ 34 12.2 Self-Help 35 12.3 . Duration 35 12.4 Amendments 35 12.5 Partition 36 12.6 Gender and Grammar 36 12.7 Severability 37 12.8 Captions 37 12.9 Perpetuities 37 12.10 Indemnification 37 , ~12.11 Books and Records 38 12.12 Financial Review 38 ~ ~ 12.13 Notice of Sale, Lease or Acquisition 38 , 12.14 Agreements 38 12.15 Implied Rights 38 12.16 Variances 39 12.17 Litigation......................................... 39 RIVERWALK ELEVENTH ADDITION CCRs Page 4 ' . DECLARATION OF COVENANTS, CONDITIONS . RESTRICTIONS AND RESERVATIONS OF 'EASEMENTS . . ° FOR RIVERWALK EI.EVENTH ADDI TION ( a Planned Unit Development) THIS DECLARATION is made on this day of April, 2002 by CONDRON CONSTRUCTION, Inc., a Washignton corporation Declarant" ) . A. Declarant is the Owner of certain property located in Spokane County, Washington, described in Section 2.1 of this Declaration. B. Declarant desires to subject, the real property described in Section 2.1 hereof to the provisions of this Declaration to create a residential community of single-family housing.(as "single family" is defined below) and related uses as set forth in Section 6.2 hereof and to provide for the.subjecting of other real property to the provisions of this Declaration in phases. NOW, THEREFOR, Declarant declares that all the real property described in Section 2.1 of this Declaration, including the improvements constructed_or to be constructed thereon, is hereby subjected to the provisions of this Declaration and shall be held, sold, transferred, conveyed, used, occupied and mortgaged or . otherwise encumbered subject to the covenants, canditions, restrictions, easements, assessments and liens, hereinafter set forth, which are for the purpose of protecting the value and desirability of, and which shall run with the title to, the real property hereby or hereafter made subject hereto, and shall be binding on all persons having any right, title or in.terest in all . or any portion of the real property now or hereafter made subject hereto, their respective heirs, legal representatives, successors, successors-in-title, and assigns and shall inure to the benefit of each and every owner of all or any portion thereof. ` RIVERWALK ELEVENTH ADDITION CCRs Page 5 " . . ARTICLE 1 DEFINITIONS 1.1 Word Defined. The following words, when used in this declaration or in any supplementary declaration (unless the context shall prohibit), shall have the following meanings: _ 1.1.1 "Affiliate of Declarant" means any . person who controls, is controlled by, or is under common control with Dec'larant. 1.1.2 "Association" shall mean Riverwalk Eleventh Home Owners Association, a Washington nonprofit corporation, its successors and assigns. 1.1.3 "Board of Directors" or "Board" of the Association . shall be the appointed or elected body, as applicable, having its - normal meaning under Washington law. . 1.1.4 "Bylaws" shall refer to the Bylaws of the Riverwalk - Eleventh Home Owners Association. . 1.1.5 "Common Areas" shall mean any and all real and personal p'roperty and easements and other interests therein, together with the facilities and improvements located thereon as designated on any final plat creating any phase of the Community or as otherwise conveyed to the Association for the common use and enjoyment of the Owners. Common Areas shall include Tracts A, "B and C. and all drainage and utility easements, all sidewal k easernents and all sidewalk drainage, utility and slope easements, as may be shown upon the plat of said Riverwalk Eleventh Addition. The legal description for the Common Areas is as is stated on Exhibit "B" attached hereto and incorporated herein by this reference. 1. 1. 6 "Community" shall mean and refer to that certain real property and interest therein described in Exhibit "A", attached hereto „ which real property shall be the property to which this Declaration applies. . 1.1.7 "Community-Wide Standard" shall mean the standard of conduct, maintenance, or other activity 'generally prevailing in_ the Community.. Such staridard may. be more speci f ically determined by the Boardof Directors of the association. Such determination, . however, shall generally be made with reference' to the standards originally established by the Declarant. RIVERWALK ELEVENTH ADDITION CCRs ' Page 6 e s 1.1.8 "Declarant" shall mean and refer to Condron Construction, Inc., a Washington corporation, and its successors- in-title and assigns, provided any such successor-in-title or assign shall acquire for the purpose of development or sale all or any portion of the remaining undeveloped or unsold portions of the real property deseribed in Exhibit A. attached hereto, and provided further, in the instrument of -conveyance to any such successor-in title or assign, such successor-in-title or assign is designated as the "Declarant" hereunder by the grantor of such conveyance, which grantor shall be the "Declarant" hereunder- at .the time of such conveyance; provided, further, upon such designation of such successor Declarant, all rights of the former Declarant in and to such status as "Declarant" hereunder shall cease, it being understood that as _to all of the property described in Exhibit A. attached hereto, which is.now subjected to this Declaration, there shall be only.one "Declarant" hereunder at any one point in time. 1.1.9 "Development Period" shall mean that period of time beginning on the date this Declaration is recorded in the records. of Spokane County and ending on the earliest to occur of (i) the sale by Declarant of the last lot created in the plat to a non-Declarant purchaser; (ii) twenty (20) years from the date of recording of this Declaration; or (iii) the date upon which a Supplementary declaration is recorded by declaration terminating the Development Period. . 1.1.10 "Lot" - shall mean any plot of land within the Community, whether or not improvements are constructed thereon, which constitutes or will constitute, after the construction of improvements, a residential dwelling site as shown on a plat recorded in the records of Spokane County. The ownership of each . Lot shall include, and there shall pass with each Lot as an appurtenance thereto, whether or not separately described, all of the right, title, and interest of an Owner in the Common Areas, which shall include, without limitation, membership in the • Association. 1.1.11 "Mortgage" means any mortgage, deed of trust, and any and all other similar instruments used for the purpose of encumbering real property in the Community as security for the payment or satisfaction of an obligation. 1.1.12 "Mortgagee" shall mean the holder of a Mortgage. 1.1.13 "Occupant" shall mean any Person occupying all or any portion of a residence or other property located within the Community for any period of time, regardless of whether such Person is a tenant or the Owner of such property. RIVERWALK ELEVENTH ADDITION CCRs Page 7 . ~ ~ . . 1.1.14 "Owner" shall mean and refer to the record owner, whether one,or more Persons, of the fee simple title to any Lot located within the Community, excluding, however, any Person holding such interest merely as security for the performance or satisfaction of any obligation. 1.1.15 "Person" means any natural person, as well as a corporation, joint venture, 'partnership (general or limited), association, trust, or other legal entity. 1.1.16 "Single Family" shall mean a single housekeeping unit, without regard to the construction type or ownership of such unit, that includes not more than four (4) adults who are legally unrelated. 1.1.17 "Special Benefit Common areas", if any, shall mean any and all real and personal property and easements and other interests therein, together with the facilities and improvements located thereon, as designated on the final plat of the -Community or as-otherwise conveyed to or designated by the Association for the special use of, or that are intended to provide a special benefit to, one or more Specially Benefited Lots. 1.1.18 "Special Benefit Assessment", if any, shall mean such assessment as may be levied by the Board against certain Specially benefited Lots to cover the costs of constructing, acquiring, or maintaining the Special Benefit Common Areas benefiting such lots and payable by the Owners of such Specially Benefited Zots in addition to any general or special assessments that the Asso,ciation may levy against all Lots comprising the Community. ~ 1.1.19 "Specially benefited Lots", if any, shall mean one or more Lots intended to receive the benef it of the use of the Special Benefit Common Areas. 1.1.20 "Supplementary Declaration" means an amendment or supplement to this Declaration that subjects additional property to this Declaration or imposes, expressly or by reference, additional restrictions and obligations -on the land described therein, or both. - 1.1.21 "Total Association Vote" means all of the votes attributable to members of the Association (including the controlling votes of Declarant during the Development Period), and the consent of Declarant so long as Declarant owns any property for development and/or sale in the Community or has the right to unilaterally annex additional property to the Community. , RIVERWALK ELEVENTH ADDITION CCRs Page 8 ~ ~ . . . ARTICLE 2 PROPERTY SUBJECT TO THIS DECLAR-ATION 2.1 Property Hereby Subjected to This Declaration. The real property which is, by the recording*of this Declaration, subject to the covenants and restrictions hereafter set forth and which, . by virtue of the recording of this Declaration, shall be held, transferred, sold- conveyed, used, occupied, and mortgaged or otherwise encunibered subject to this Declaration is the real property described in Exhibit A, attached hereto and by reference made a part hereof. 2.2 Other Property. Only the real property described in Section 2.1 above is hereby made subject to this Declaration; - provided, however, by one.-or more Supplementary Declarations, Declarant, an Affiliate of Declarant and the Association, after the development period, have the right, but not the obligation, to subject other real property to this Declaration, as provided in Article 9 below. ARTICLE 3 RIVERWALK ELEVENTH HOME OWNERS ASSOCIATION 3.1 Description of Association. The Association shall be charged with the duties and vested with the powers prescribed by law and set forth in this Declaration, any Suppl.ementary Declaration, and the Articles of Incorporation and By laws of the Association, all as may be amended from to time;. provided however, that no such governing documents shall for any reason be amended or otherwise interpreted so as to be inconsistent herewith. 3-.2 Board of Directors. Declarant shall have the right to appoint or remove any member or members of the Board of Directors or any officer or officers of the Association until termination of the development Period. Each Owner, by acceptance of a deed to or other conveyance of a Lot vests in Declarant the authority to appoint and remove directors and officers of the Association during the Development Period. The directors selected by the Declarant need not be Owners, but any other Directors selected shall be Owners. The number of directors shall be set forth in the Bylaws., Following termination of the Development Period, the Board of Directors shall be elected by the Owners in accordance with the ' Bylaws. 3.3 Membership. Every person who is the record owner of a fee or undivided fee interest in any Lot that is subject to,this - Declaration shall be deemed to have a membership in the RIVERWALK ELEVENTH ADDITION CCRs Page 9 , . . Association and membership in the Association shall consisted exclusively of such owners. The foregoing is not intended to include persons who hold an interest merely as security for the performance of an ''obligation, and the giving of a security interest shall not -terminate the Owner's membership. No Owner, whether one or more persons, shall have more than one (1) membership per Lot. In the event of multiple Owners of a Lot, votes and rights of use and enjoyment shall be as provided in this Declaration and in the Bylaws. Membership shall be appurtenant to and may not be separated from ownership of any Lot. The rights and privileges of inembership, including the right to vote and to hold of f i.ce, may be exercised by a member or the member' s spouse, but in no event shall-more than one (1) vote be cast nor office held for each Lot owned. The first annual meeting of the full membership of the Association shall be held within sixty (60).days after termination of the development Period on a date set by the Board pursuant to the Bylaws. 3.4 Voting. Except as to the Declarant who shall have the controlling vote during the Development Period, Members shall be entitled to one (1) vote for each Lot owned. When more than one (1) Person holds an ownership interest in any Lot, the vote for such Lot shall be exercised as those Owners themselves determine and advise the Secretary prior to any meeting. In the absence of such advice, the Lot's vote shall be suspended in the event more than one (1) Person seeks to exercise it. 3.5 Architectural Review Committee. No construction, alteration, addition, refurbishing, or erection of any nature whatsoever shall be commenced or placed upon any part of the Community, except that which is installed by the Declarant, or as is approved in accordance with this Section, or as is otherwise expressly permitted herein. Any such construction, alteration, addition, refurbishing, or erection shall not be made unless and' until plans and specifications showing the nature, kind, shape, size and height, architectural design and detail, materials, workmanship, colors, location on site, improvement and site grade . elevations, and site landscaping shall have -been submitted in writing to and approved by the Architectural Review Committee . . established pursuant to this Section 3.5. The Board may employ .architects, engineers, or other persons as it deems necessary to enable the Architectural Review Committee to perform its review. Written design guidelines and procedures ("Design Guidelines") may be established for the exercise of this review, which Design Guideline.s mayprovide for a review fee. The Design Guidelines may evolve over time with changes in the market place. 3.5.1 So long as the Declarant or an Affiliate of Declarant owns any property for development and/or sale in the . RIVERWALK ELEVENTH ADDITION CCRs Page 10 1M • Community or has the right to unilaterally annex additional property to the Community, the Declarant shall have the right to appoint or remove any or all members of the Architectural Review Committee: Upon the expiration or earlier surrender in writing of such right, the Board shall appoint the members of the Architectural Review Committee. 3.5.2 If' the. Architectural Review Committee fails to . approve or to disapprove submitted plans and specifications within sixty (60) days after the plans and specifications have been submitted, which submission shall be evidenced by a written receipt for said plans and specifications, approval will not be required, and this Section will be deemed to have been fully complied with. In this event, any such plans and specifications shall nevertheless be in compliance with all the restrictions contained in this Declaration and any Design Guidelines established by the Architectural Review Committee which are then in effect. 3.5.3 As a condition of approval under this Section, each Owner, on behalf of such Owner and such Owner's successors- in-interest, shall assume all responsibilities for maintenance, repair, replacement, and insurance to and on any change, modification, addition, or alteration. In the discretion of the Architectural review committee, an Owner may be made to verify such condition of approval by a recordable written instrument acknowledged by such Owner on behalf of such Owner and such Owner's successors-in-interest. 3.5.4 The Archit'ectural review Committee shall be the sole arbiter of plans submitted to it and may withhold approval for any reason, including aesthetic considerations, and it shall be entitled to stop any construction in violation of approved plans or this Declaration. Any member of the Architectural Review committee or the Board or its representatives shall have the right, during reasonable hours and after reasonable notice, to enter upon any property to inspect for the purpose of ascertaining whether or not such plans and this Declaration have been or are being complied with. Such person or Persons shall not be deemed guilty of trespass by reason of such entry. In addition to any other remedies available to the Association. in the event of noncompliance with this Section, the Board may, as provided in Section 12.1 hereof, record a notice of violation naming the violating Owner. 3.5.5 Plans and specifications are not approved for engineering or structural design or qualitX of materials, and by apyroving such plans and specifications neither the architectural review coamnittee, the members thereof, nor the association assumes RIVERWALK ELEVENTH ADDITION CCRs Page 11 , , , • . liability or responsibility therefor, nor for any defect in any structure constructed from such'plans and specifications. Neither Declarant, the Association, the Architectural review Committee, the Board, nor the Officers, Directors,, Members,'EmploXees, and A~ents of any of them, shall be liable in damages to anyone submitting plans and specifications to anX of them for approval, or to anX owner of property affected bX these restrictions by reason of mistake in judc~ment, neglicjence, or nonfeasance arising - out of or in connection with the approval or disapyroval or failure to approve or disapprove any such plans or specifications. Every person who submits plans or specifications and every owner ,~grees that such person or owner will not bring any action or suit against Declarant, the Association, the Architectural Review Comaittee, the Board, or ' the. Officers, Directors, Members, Employees, and agents or any of them to recover any damages and hereby releases, remises, quitclaims, and covenants not to sue for all claims, demands, and causes of action arising out of or in connection with any judgment, negligence, or nonfeasance and herebX waives the provisions -of anX law which provides that a general release doesnot extend the claims, desnands, and causes of action not known at the time the release is given. . ARTICLE 4 ASSESSMENTS 4.1 Purpose of Assessment. The assessments provided for herein shall be used for the general purposes of promoting the recreation, health, safety, welfare, common benefit, and enjoyment of the Owners and occupants of Lots, including the maintenance of real and personal property, all as may be more specifically authorized from time to time by the Board of Directors. 4.2 Creation of the Lien and Personal Obligation for Assessments. Each owner of any Lot, by acceptance of a deed therefor whether or not it shall be so expressed in such deed, covenants and agrees to pay to the Association: (i) annual assessments or charges; (ii) special assessments, such assessments to be established and collected as hereinafter provided; and (iii) specific assessments established pursuant to the terms of the Declaration, including, but not limited to, reasonable fines imposed in accordance with the terms of this Declaration and any applicable Special benefit Assessments. 4.2.1 All such assessments, together with (i) late charges, (ii) interest set by the Board, not to exceed the maximum rate permitted by law but not to exceed eighteen percent (180) per annum), and (iii) costs, including, without limitation, reasonable RiVERWALK ELEVENTH ADDITION CCRs Page 12 . . attorneys' fees actually incurred, shall be a charge on the land and shall be a continuing lien upon the Lot against which each assessment is made. 4.2.2 Each such assessment, together with late charges, interest, costs, including, without limitation, reasonable attorneys' fees actually incurred, shall also be the personal obligation of the person who was the Owner of such Lot at the time the assessment fell due. Each Owner shall be personally liable for 'the portion of each assessment coming due while the Owner of a Lot, and each grantee of an Owner shall be jointly and . severally liable for such portion thereof as may be due and payable at the time of conveyance; provided, however, the liability of a grantee for the unpaid assessments of -its. grantor shall not apply to any first Mortgagee taking title through foreclosure proceedings or deed in lieu of foreclosure. 4.2.3 The Association shall, within five (5) days after receiving a written request therefor and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessments on a specified ' Lot have been paid. Such certificate shall be binding upon the . . Association as of the date of issuance. ; 4.2.4 Annual assessments shall be levied equally on all similarly situated Lots, as determined by the Board. However, during the Development Period, the Board may establish greater or lesser assessments for Lots owned by Declarant or builders. Assessments shall be paid in such manner and on such dates as may be fixed by the Board. Unless otherwise provided by the Board, the assessment shall be paid in annual installments. 4.3 Computation. *It shall be * the duty of the Board to prepare a budget covering the estimated costs of operating the Association during the coming year, which may include a capital reserve in accordance with a capital budget separately prepared. The Board shall cause a proposed budget and the proposed assessments to be levied against each Lot for the following year to be mailed to each Owner within thirty (30) days after its adoption by the Board and at least thirty (30) days prior to the end of the current fiscal year. The Board shall set a date for a special meeting of the Owners to consider ratification of the , budget not less than fourteen (14) nor more than sixty (60) days after the mailing of the proposed budget. Unless at such meeting the budget is rejected by at least seventy-five percent (75%) *of the Total Association Vote, in person or by proxy, the budget shall be ratified, whether or not a quorum is present. Until such time as the Owners ratify a budget following the required notice RIVERWALK ELEVENTH ADDITION CCRs Page 13 . . . . as set forth above, the budget in effect for the theii current year shall continue in effect. 4.4 Revised Budget. If the financial circumstances of the Association materially change during any year, the Board may prepare a revised proposed budget for the balance of the year, which proposed budget shall be mailed to each Owner within thirty (30) days after its adoption by the Board and a meeting of the Owners to consider ratification of the budget in the same manner a regular annual budget shall be scheduled as set forth in Section 4.3 above. The Board shall cause any ratified revised budget and assessments to be delivered to each member at least thirty (30) days before their effective date. 4.5 Special Assessments. In addition to the other assessments authorized herein, the Association may levy special assessments for expenses such as, but not limited to, capital improvements from time to time if approved at a meeting by two- thirds (2/3) of the- Total Association Vote. Special assessments shall be paid as determined by the.Board, and the Board may permit special assessment.s to be paid in installments, extending beyond the.fiscal year in which the special assessment is imposed. 4.6 Lien for Assessments. All sums assessed against any Lot pursuant to this Declaration, together with late charges, interest, costs, including, without limitation, reasonable attorneys' fees actually incurred, as provided herein, shall be secured by a lien on such Lot in favor of the Association. Such lien shall be superior to all other liens and encumbrances on such Lot, except for (a) liens for ad valorem taxes; or (b) liens for all sums unpaid on a first Mortgage or on any Mortgage to Declarant duly recorded in the records of Spokane County and all amounts advanced pursuant to such Mortgage and secured thereby in accordance with the terms of such instrument. All other Persons acquiring liens or encumbrances on any Lot after the recording of this Declaration shall be deemed to consent that such liens or encumbrances shall be inferior to future liens for assessments, as . provided herein, whether or not prior consent is specifically set forth in the instruments creating such liens or encumbrances. 4.7 Effect of Nonpayment of Assessments; Remedies of the Association. Any assessment or installment thereof delinquent for a period of more than ten (10) days shall incur -a late charge in an amount as the Board may from time to time determine. The Association shall cause a notice of delinquency to be given to any member who has not paid within ten (10) days following the due date. If the assessment is not paid within thirty (30) days, a_ lien, as herein provided, shall automatically attach and, in addition, the lien shall include interest'set by the Board from RIVERWALK ELEVENTH ADDITION CCRs Page 14 . . o time to time, on the principal amount due, late charges, costs of collection, includirig, without limitation, reasonable attorneys' fees -actually incurred, and any, other amounts provided or . permitted by law. 4.7.1 In the event that the assessment remains unpaid after sixty (60) days, the Association may, as the Board shall determine, institute suit to collect such amounts and/or to foreclose its lien. Each Owner, by acceptance of a deed or as a party to any other type of conveyance, vests in the Association or its agents the right and power to bring all actions against such Owner personally, for the collection of such charges as a debt or to foreclose- the aforesaid lien in the same manner as other liens for the improvement of real property. - 4.7.2 The lien provided for in this Article shall be in favor of the Association and shall be for the benefit of all other Owners. The Association, acting on behalf of the Owners, shall have the power to bid on the Lot at any foreclosure sale or to acquire, hold, lease, mortgage, or convey the same. 4.7.3 No Owner may waive or' otherwise exempt himself from liability for the assessments provided for herein, including, by way of illustration, but not limitation, abandonment of the Lot. . 4.7.4 All payments shall be applied first to costs, then to late charges, then to interest and then to delinquent assessments. . 4.8 Date of Commencements of Assessments. The assessments provided for herein shall commence as to a Lot subject to this Declaration on the first day of the month following conveyance of such Zot to a Person other than Declarant. The first annual assessment shall be adjusted according to the number of months then remaining in that fiscal year. 4.9 Specific Assessments. In addition to the general and . special assessments outlined above, the Board shall have the power. to levy such specific assessments pursuant to this Section 4.9 as, ,in its discretion, it shall deem appropriate. All other terms and conditions of this Article 4 relating to general and special assessments shall apply to the levy and collection of the specific assessments covered hereby and the Association shall have all powers and remedies for collection and enforcement of such assessments as are applicable to the general and special . assessments set forth above. Fines levied pursuant to Section 12.1 of this Declaration and the costs of maintenance performed by the Association for which the Owner is responsible under Sections 5.3 RIVERWALK ELEVENTH ADDITION CCRs Page 15 , • ' . . and 5.4 of- this Declaration shall be specific assessments. The Board may also specifically assess Owners for Association expenses as follows: - 4.9.1 Special benefit Assessment. Notwithstanding the requirement that annual assessments shall be levied equally on all similarly situated Lots pursuant to Section 4.2.4 hereof, the Association shall allocate the costs of constructing, acquiring, or maintaining the Specific Benefit Common Areas among the : Specially Benefited Lots in accordance with the benefits received by such Lots and in any manner that is reasonably fair and equitable, and shall levy and assess against such Specially Benefited Lots a Special Benefit Assessment. 4.9.2 Unequal Benefit. Expenses of the Association that benefit all Lots, but-that do not provide an equal benefit to all Lots, may be assessed equitably among all Lots according to the benefit received. 4.10 Budget Deficits During Declarant Control. For so long as the Declarant has the authority to appoint the directors and officers of the Association, Declarant may: (a) advance funds to the Association sufficient to satisfy the deficit, if any, between the actual operating expenses of the Association (but specifically not including an allocation for capital reserves), and the sum of the annual, special and specific assessments collected by the Association in any fiscal year, and such advances shall be evidenced by promissory notes from the Association in favor of the Declarant; or (b) cause the Association to borrow such amount from , a commercial lending instituti-on at the then prevailing rates for such a loan in the local area of the Community. ARTICLE 5 - MAINTENANCE; CONVEYANCE OF COMMON AREAS TO ASSOCIATION 5.1 Association's Responsibility. The Association shall maintain arid keep in good repair the Common Areas. This maintenance shall include,' without limitation, maintenance, repair, and replacement, subject to any insurance then in effect, of all landscaping and improvements situated on' the Common Areas. The Association shall also maintain: (i) all entry features for the Community including the expenses for water and electricity, if any, provided to all such entry features; (-ii) landscaping . originally installed by the Declarant which is on Common Areas owned in fee by the Association or on property where an easement has been granted to the Association; and (iii) all facilities serving the Community not dedicated to or maintained by a public RIVERWALK ELEVENTH ADDITION CCRs Page 16 . - . o entity. The foregoing maintenance shall be performed consistent with the Community-Wide Standard. 5.2 Property Not Owned by Association. The Association shall have the right, but not the obligation, to maintain other property not owned by the Association, whether within or without the Community, where the Board has determined that such - maintenance would benefit all Owners. Without limitation of the foregoing, the Association may enter into a joint maintenance agreement with adjoining property owners or associations for the repair, maintenance and replacement of shared facilities or other property. 5.3 Damage Caused .by Owner. In the event that the Association determines that the need for maintenance, repair, or replacement, which is the responsibility of the Association hereunder, is caused through the willful or negligent act of an Owner, or the family, guest,- lessees, or invitees of any Owner, the Association may perform such maintenance, repair or replacement at such Owner's sole cost and expense, and all costs thereof shall be added to and become a part of the assessment to ' _ which such Owner is subject and shall become a lien against the Lot of such Owner. 5.4 Owner's Responsibility. Except as provided in Sections 5.1, 5.2 and, 5.3 above, all maintenance of any Lot and all structures, parking areas, landscaping, and other improvements thereon together with the landscaping on any parking strip fronting any such Lot, shall be the sole responsibility of the Owner thereof, who shall provide maintenance consistent with the Community-wide standard and this Declaration. In the event that the Board of Directors of the Association determines that any Owner has failed or refused to discharge properly any of such Owner's obligations with regard to the maintenance, repair, or replacement of items for which such Owner is responsible hereunder, the Association shall, except in •an emergency situation, give the Owner written notice of the Association's intent to provide such necessary maintenance, repair, or replacement at the Owner's sole cost and expense. The notice shall set forth with reasonable particularity the maintenance, repairs, or replacement deemed necessary. The Owner shall have ten (10) , days after receipt of such notice within which to complete such maintenance, repair or replacement, or, in the event that such maintenance, repair, or replacement is not capable of completion within a ten (10) day period, to commence such work which shall be completed within a reasonable time. If any Owner does not comply with the provisions hereof, the Association may provide any such maintenance, repair,- or replacement at such Owner's sole cost and expense, and all costs shall be added to and become a part of the RIVERWALK ELEVENTH ADDITION CCRs Page 17 - . . . . • . assessment to which such Owner is subject and shall become a lien against the Lot. 5.5 Conveyance of Common Areas and Special Benefit Common Areas by Declarant to Association. The Declarant may transfer or convey to the Association any personal property and any improved or unimproved real property, leasehold, easement, or other property interest. Such conveyance shall be accepted by the Association,and the property shall thereafter be Common Ar'ea or Special Benefit Common Area, as designated by the Declarant, to be maintained by the Association. Declarant shall not be required to make any improvements whatsoever to property to be conveyed and accepted pursuant to this Section. 5.6 Conversion of Common Areas. A Common Area may not be converted by the Association to a Special Benefit Common Area without the consent of two-thirds of all Owners as well as two- thirds of the Owners of the Lots that would become Specially Benefited Lots and be specially assessed for such Special Benefit Common Area. A Special Benefit Common Area may not be converted to a Common Area for the use of all Owners without the consent of two-thirds of all Owners aswell as two-thirds of the Owners of the Specially Benefits Lots that have benefited from such Special Benefit Common Area. ARTICLE 6 iJSE RESTRICTIONS AND RULES 6.1 General Rules and Regulations. This Article, beginning at Section 6.2, sets out certain use restrictions which must be complied with by all Owners and Occupants. These use restrictions may only be amended in the manner provided in Section 12.4 hereof regarding amendment of this Declaration. In addition, the Board may, from time to time, without consent of the Owners, promulgate, modify, or delete other use restrictions, and rules and . regulations applicable to the Community. Such use restrictions and rules shall be distributed to all Owners and Occupants prior to the date that they are to become effective and shall thereafter be binding upon all Owners and Occupants until and unless overruled, canceled, or modified in a regular or special meeting by a majority of the Total Association Vote. 6.2 Residential Use. Except as provided in this* Section, all Lots shall be used for single-family residential purposes exclusively with the exception that certain home occupations will be permitted, subject to the guidelines _and rules established by the Board. Such home occupations may be limited to certain RIVERWALK ELEVENTH ADDITION CCRs Page 18 ~ A ' business uses, shall not create any disturbance, noise, orunsightliness, shall not unduly increase traffic flow or parking congestion, and shall not be in violation of any of the provisions of the Declaration or By-laws. Use of the Lots shall in all cases be in compliance with all applicable laws, ordinances, rules and regulations. 6.3 Building and Landscaping Requirements and Restrictions. All residences constructed within the Community by any Person other than Declarant shall be subject to Design Guidelines which may cover the minimum size, architectural style, scope of improvements, quality of design, materials, workmanship, and siting standards. Such Design Guidelines shall be established by the Architectural Review Committee for the purpose of establishing a Community of harmonious design. Without restricting or limiting the authority of the Architectural Review Committee pursuant to Section 3.5 in approving or disapproving of any specific proposal, the following restrictions shall apply to the Community in . general: 6.3.1 Any residence or other structure erected or placed on any Lot shall be completed as to external appearance, including finished painting, within six (6) months after the date of commencement 'of construction. All front, side and rear yards landscaping must be completed within one (1) year from the date of closing of the purchase of the residence by the Owner from the Declarant or any other builder. 6.3.2 Setback requirements for all Lots shall be as provided in applicable ordinances of Spokane County. 6.3.3 All homes within the Community shall contain a garage; carports shall not be permitted. Unless otherwise approved by the Architectural Review Committee, all garages must be attached to, or incorporated in .and made a part of, the residence constructed upon aLot. In granting waivers to this requirement, the Architectural Review Committee will consider functional necessity and architectural desirability. . 6.3.4 No fence, fencing-type barrier, or hedge of any kind in excess of six (6) feet high or extending into the_ front yard of any residence shall be erected, allowed or maintained upon any Lot, without the prior written consent of the Architectural Review Committee. Any such fence, barrier, row of trees, or hedge shall be strictly in compliance with Design guidelines established by the Architectural Review Committee, which standards may provide for limited acceptable styles and/or specifications. RIVERWALK ELEVENTH ADDITION CCRs Page 19 • • . ' . 6.3.5 Any change to the exterior color of any improvement located on a Lot, including, without limitation, the dwelling, must be approved by the Architectural Review Committee. 6.4 Signs. No sign of any kind shall be erected by an Owner or Occupant within the Community without the prior written consent of the Architectural Review Committee. Notwithstanding the foregoing, the Board and the Declarant shall have the right to erect reasonable and appropriate signs including; without limitation, signs related to Declarant's development and marketing of residences within the Community and a builder's construction of a new home on a lot. In addition, " For Sale" and " For Rent" signs and security signs consistent with the community-wide standard and any signs required by legal proceedings may be erected upon any Lot. 6.5 Vehicles. The term "vehicles" as used herein shall include, without limitation, automobiles, vans, campers, trucks, buses, motor homes, mobile homes, boats, trailers, portable aircraft, motorcycles, snowmobiles, mini-bikes, scooters, go- carts, and any other towed or self propelled transportation type vehicle. The term "passenger vehicles" as used herein shall - include passenger automobiles, vans, small trucks, motorcycles, and similar type vehicles used regularly and primarily as transportation for the Occupants-of the Lot. Vehicles used for commercial and recreational purposes are not considered passenger vehicles. "Parking areas" shall refer to the number of garage parking spaces and driveway areas in front of garages. However, driveway areas shall be -considered "parking areas" for passenger vehicles only and only to the extent that sufficient parking spaces are not provided in the garage for all the vehicles used by the Occupants of the Lot. 6.5.1 No vehicles other than passenger vehicles in regular use may be parked on any Lot or portion of the Community, except in parking areas on Lots, or in a screened area on a Lot, if such screened area is approved by the Architectural Review Committee. Any vehicle regularly parked in an unapproved area or for longer than twelve (12) consecutive hours shall be considered a nuisance and rriay be removed from the Community. 6.5.2 Passenger vehicles parked overnight or for more than eight (8) consecutive hours shall be parked in garages to the extent that garage parking areas are provided and not occupied by other vehicles used by the Occupant of the Lot. No passenger vehicles may be parked on any Lot or portion of the Community except in "parking areas" as defined in this Section. RIVERWALK ELEVENTH ADDITION CCRs Page 20 • 3s . o 6.5.3 Any passenger .vehicle which is inoperable mr unlicensed and not capable of use on the public highways and which is parked on any Lot for a period of more than forty-eight (48) hours shall be treated the same as a non-passenger vehicle and shall be considered a nuisance and may be removed from the Community. 6.5.4 The Board shall adopt and maintain current rules . and regulations concerning the parking and storage of vehicles on any Lot or any portion.of the Community. Said rules are to protect the Community from the potentially adverse impacts of vehicles on the Community environment and to accommodate the evolving nature and use of such vehicles. Such rules and regulations may provide for exceptions and/or modifications to the conditions of this Section as determined in the sole discretion of the Board. The Board* shall rule on any dispute as to the interpretation or . application of t.his Section and all rules and regulations . established by the Board with respect to vehicles. 6.6 Vehicles on Common Areas. No motorized vehicles shall be permitted on pathways or unpaved Common Areas except vehicles ' being used for the limited purpose of operating and maintaining utilities. - 6.7 Leasing. Lots may be leased for residential purposes. All leases shall have a minimum term of at least three (3) months. All leases shall require, without limitation, that the tenant acknowledge receipt of a. copy of the Declaration, By-laws, and rules and regulations of the Association. The lease shall also obligate the tenant to comply with the foregoing and shall provide that in the event of noncompliance, the Board, in addition to any other remedies available to it, may evict the tenant on behalf of _the Owner and specifically assess all costs associated therewith against the Owner and the Owner's property. 6.8 Occupants Bound. All provisions of the Declaration, Bylaws, and of any rules and regulations, which govern the conduct of Owners and which provide for sanctions against Owners shall also apply to all Occupants. Fines may be levied against Owners or Occupants. If a fine is first levied against an Occupant and is not paid timely, the fine may then be levied against the Owner. 6.9 Animals. No animals, livestock or poultry of any kind shall be raised bred or kept in the Community; provided, however, that conventional household pets may be kept on a Lot subject to the following restrictions: Pets shall not be kept, bred or maintained for any commercial purposes. Owners shall be . responsible for the immediate cleanup and removal of all fecal matter deposited by pets on any property other than the Lot of the RIVERWALK ELEVENTH ADDITION CCRs Page 21 . , . owner of the pet. Pets shall be confined on the Owner' s Lot in a dog run, or otherwise, unless on a leash and accompanied by a responsible person. No domestic pet may be kept if it is a source of annoyance or a.nuisance. The Board shall have the authority to determine whether a particular pet is a nuisance or a source of annoyance, and such determination shall be final and conclusive. Pets shall be attended at all times and shall be registered, licensed and inoculated from time to time as required by law. 6.10 Nuisance. Each Owner and Occupant shall prevent the development of any unclean, unhealthy, unsi.ghtly, or unkempt ' condition on his or her Lot. No Lot shall be used, in whole or in part, for the storage of any property or thing that will cause such Lot to appear to be in an unclean or untidy condition; -nor shall any substance, thing, or material be kept that will emit foul or obnoxious- odors or that will cause any noise or other condition that will or might disturb the peace, quiet, safety, comfort, or serenity of the occupants of surrounding property. No illegal, illicit, noxious or offensive activity shall be carried on within the Community, nor shall anything be done tending to cause embarrassment, discomfort, annoyance, or nuisance to any Person using any property within the Community. Without limiting the generality of the foregoing, no speaker, horn, whistle, siren, . bell, amplifier or other sound device, except such devices as may be used exclusively for security purposes, shall be located, installed or maintained upon the exterior of any Lot unless required by law or unless specifically approved by the - Architectural Review Committee. 6.11 Unsightly or Unkempt Conditions. The pursuit of hobbies or other activities, including specifically, without limiting the generality of the foregoing, the assembly of and disassembly of motor vehicles and other mechanical devices, which might tend to cause disorderly, unsightly, or unkempt conditions, shall not be undertaken outside of homes or garages. Garage doors shall be kept closed at all times unless they are in use. In addition, the storage of equipment, machinery, construction supplies or any similar material on a Lot outside of the home and garage constructed thereon is strictly prohibited exceptas required during the remodeling or refurbishing of improvements on such Lot and then for not more than sixty (60) days. 6.12 Antennas. No television or radio antenna, tower, satellite dish, or exterior antenna of any kind shall be placed, allowed, or maintained upon any Lot or any portion of the Community without the prior written consent of the Architectural Review Committee. Each Owner and Occupant acknowledges thatt'his provision benefits a'll Owners and Occupants and each Owner and Occupant agrees to comply with this provision despite the fact RIVERWALK ELEVENTH ADDITION CCRs Page 22 . . - ' . . . that the erection of an outdoor antenna or similar device would be the most cost-effective way to transmit or receive the signals sought to be transmitted or received. " 6.13 Tree Removal. No trees that are more than six (6) inches in diameter at a point three (3) feet above the ground shall be removed without the prior written consent of the Architectural Review Committee. Notwithstanding all of the above, no consent or approval is required for the removal by an Owner of any trees, regardless of the diameter, that are located within ten (10) feet of the owner's residence. 6.14 Drainage. Catch basins and drainage areas are for the purpose of natural flow of water only. No obstructions or debris shall be placed in these areas. No Owner or Occupant may obstruct' or re-channel the drainage flows after location and installation of drainage swales, storm sewers or storm drains. Declarant hereby reserves for the benefit of Declarant and the Association and their respective successors and assigns a perpetual easement . across.all Common Areas and Lots for the purpose of maintaining or altering drainage and water flow. 6.15 Sight Distance at Intersections. All property located at street intersections shall be landscaped so as to permit safe sight across the street corners. No fence, wall, hedge or shrub planting shall be placed or permitted to remain where it would create a traffic or sight problem as determined by the Architectural Review Committee in its sole discretion. . 6..16 Garbage Cans, Woodpiles, Etc. All garbage cans, woodpiles, air conditioning compressors, machinery, equipment "and other similar items related to the operation of the residence shall be located or screened so as to be concealed from view from the street abutting the Lot on which such items are located. All rubbish, trash, and garbage shall be regularly removed and shall . not be allowed to accumulate. Trash, garbage, debris, or other waste matter of any kind may not be burned within the Community. This Section 6.16 is subject to all rights granted and reserved pursuant to Section 11.6 below. 6.17 Subdivision of Lot. No Lot shall be subdivided or its boundary lines changed except with the prior written approval of the Architectural Review Committee. Declarant, however, hereby expressly reserves the right to re-plat any Lot or Lots owned by Declarant. Any such division, boundary line change, or re-platting shall not be in violation of the applicable subdivision and zoning regulations. ' RIVERWALK ELEVENTH ADDITION CCRs Page 23 .a 6.18.Guns: The use of firearms in the Community is prohibited. The terms "firearms" includes without limitation BB guns, pellet guns, and firearms of all types. 6.19 Utilities. . 6.19.1 Except as may be permitted by the Architectural Review Committee, no overhead utility lines, including lines for cable television, shall be permitted within the Community, except for temporary lines as required during construction. 6.19.2 The use of private wells and water systems within the Community is prohibited. In addition, Owners are subject to and shall comply with certain conditions of approval of Spokane County with respect to sewer and stormwater control facilities as set forth. on the applicable plat of the phase in wfiich such Owner's Lot is located. 6.20 Lighting. Except as may be permitted by the Architectural Review Committee, exterior lighting shall not be - permitted except for (i) two (2) decorative post lights, (ii) street lights in conformity with an established street lighting program for the Community; (iii) seasona.l decorative lights; or (iv) front house illumination of model homes. Other decorative yard lighting shall be permissible subject to prior approval of the Architectural Review Committee. 6.21 Artificial Vegetation, Exterior Sculpture, and Similar Items. No artificial vegetation, exterior sculpture, fountains, flags, and similar items shall be permitted in the front yard of any Lot unless approved by the Architectural Review Committee. 6.22 Swimming Pools. Swimming pools and hot tubs shall be constructed, erected or maintained upon any Lot only with the prior written consent of the Architectural Review Committee. The Architectural Review Committee may disallow any swimming pool or hot tubs which the Committee determines will be contrary to the best interests of the Community. The Architectural Review Committee shall have the authority to establish rules and . regulations governing the -use of any such facilities. Considerations shall include, but not be limited to, the visual and audio intrusion such a facility and associated activities would have on surrounding residences. 6.23 Mailboxes. All mailboxes located on Lots shall be of a style approved by the Architectural Review Committee. Mailboxes shall be attached only to 'stands provided and.maintained by the Association in designated locations. RIVERWALK ELEVENTH ADDITION CCRs Page 24 . . . . 6.24 Clotheslines. No exterior clotheslines of any type shall be permitted upon any Lot. 6.25 Exterior Security Devices. No exterior security devices, including without limitation, window bars, -shall be permitted on any residence of Lot. Signs placed on the Lot or the exterior of the residence stating that such residence is protected by a security system are permissible. 6.26 Construction and Sale Period. Until Declarant's right unilaterally to subject property to this Declaration as provided in Article 9 terminates and thereafter so long as Declarant owns any property in the Community for development and/or sale, the restrictions set forth in this Article 6, or hereinabove, shall not be applied or interpreted- so as to prevent, hinder or interfere with development, construction and sales activities of Declarant or any builder or developer approved by Declarant. • ARTICLE 7 - INSURANCE AND CASUALTY LOSSES 7.1 Insurance Coverage. The Board of Directors or the duly authorized agent of the Association shall have the authority to and shall obtain or cause to be obtained insurance as follows: 7.1.1 The Board shall obtain insurance on any and all insurable buildings and, where the Board deems there to be -a reasonable risk, other substantial structures whether or not such buildings or structures are located on the Common Areas and.which the Association is obligated to maintain. Insurance on buildings shall provide, at minimum, fire and extended coverage, including vandalism and malicious mischief, and shall be in an amount . sufficient to cover the full replacement cost of any repair'or reconstructionin the event of damage or destruction from any such hazard. Insurance on other substantial structures shall cover those risks deemed advisable by the Boardand shall be in such amounts as are deemed advisable by the Board. The Board may insure other types of improvements, including entry monuments, landscaping, and the like, as it deems advisable. With respect to such other improvements, the Board shall determine the risks to be insured and the amounts of insurance to be carried. 7.1.2 The Board shall obtain a public liability policy applicable to the Common Areas covering the Association and its members for all damage or injury caused by the negligence of the Association or any of its members or agents, and, if RIVERWALK ELEVENTH ADDITION CCRs Page 25 . , . . reasonably available, directors' and officers' liability insurance. The public liability policy shall have a combined single limit of at least one Million Dollars ($1,000,000.00). 7.1.3 The Board is hereby authorized to contract with or otherwise arrange to obtain the ,insurance coverage required hereunder through the Declarant and to reimburse - Declarant for the cost thereof, and Declarant shall be authorized, but not obligated, to purchase such insurance coverage for the benefit of the Association and the Owners upon Declarant and the Association agreeing upon the terms and conditions applicable to reimbursement by the Association for costs incurred by Declarant . _ in obtaining such coverage. Notwithstanding anything contained in this Declaration to the contrary, the Board shall not be required to comply with the provisions of this Article*if the Board has contracted for or otherwise arranged to obtain the required insurance coverage through the Declarant. 7.1.4 Premiums for all insurance shall be common expenses of the Association. The policies may contain a reasonable deductible, and the amount thereof shall not be subtracted from the faCe amount of the policy in determining whether the insurance at least equals the full replacement cost. 7.1.5 In the event insurance premiums in connection with the insurance required by this Article 7 become prohibitive in the judgment of the Board, the Board may with approval of seventy-five percent (750) of the total association Vote reduce the amount of the required insurance, self-insure itself, or discontinue the insurance all together. 7.2 Policy Requirements. All such insurance coverage obtained by the Board of Directors shall be written in the name of the Association, as trustee for the respective benefited parties. Such insurance shall be governed by the provisions hereinafter set forth : 7.2.1 Al1 policies shall be written with a company authorized to do business in Waahington. 7.2.2 Exclusive authority to adjust losses under policies obtained by the Association shall be vested in the Association's Board of Directors; provided, however, no Mortgagee having an interest in such losses may be prohibited from participating in the settlement negotiations, if any, related thereto. . 7.2.3 In no event shall the insurance coverage obtained and maintained by.the Association's Board of Directors RIVERWALK ELEVENTH ADDITION CCRs Page 26 . . , hereunder be brought into contribution with insurance purchased by individual Owners, occupants, or their Mortgagees, and the insurance carried by the Association shall be primary. 7.2.4 All casualty insurance policies shall have an inflation guard endorsement and an agreed amount endorsement if these are reasonably available and all insurance policies shall be reviewed annually by one or more qualified persons, at least one of whom rnust be in the real estate industry and familiar' with construction in Spokane County. _ 7.3 Other Insurance. In addition to the other insurance required by this Article 7, the Board shall obtain worker's compensation insurance, if and to the extent necessary to satisfy the requirements of applicable laws. The Board may, in its discretion, obtain a fidelity bond or bonds on directors, officers, employees, and other persons handling or responsible for the Association's funds, if reasonably available. The Association shall obtain additional insurance coverage, if and to the extent necessary,--to satisfy the requirements of the Federal Home Loan Mortgage Corporation, the Federal National Mortgage Association, the U.S. Department of Veterans Affairs, or the U.S. department of Housing and urban Development. 7.4 Individual Insurance. By virtue of taking title to a Lot subject to the terms of this Declaration, each Owner acknowledges that the Association has no obligation to provide any insurance for any portion of individual 'Lots, and each Owner covenants and agrees with all other Owners and with the Association that each Owner shall at a minimum, carry fire and extended coverage casualty insurance on the Lot and all structures constructed thereon in an amount sufficient to cover the full replacement costs of any repair or reconstruction in the event of damage or destruction from any such hazard. 7.5 Damages and Destruction Insured by Association. 7.5.1 Immediately after damage or destruction by _ fire or other casualty to all or any portion of any improvement covered by insurance written in the name-of the Association, the Board of Directors or its duly authorized agent shall proceed with , the filing and adjustment of all claims arising under such insurance and obtain reliable and detailed estimates of the cost of repair or reconstruction of the damaged or destroyed property. Repair or reconstruction, as used in this Section, means repairing or restoring the property to substantially the same condition and - location that existed prior to the fire or other casualty, allowing for any changes or improvements necessitated by changes in applicable building codes. The Board of Directors shall have RIVERWALK ELEVENTH ADDITION CCRs Page 27 • . o the enforcement powers specified in Section 7.2 of this Declaration necessary to enforce this provision. 7.5.2 Any damage or destruction to property covered by insurance written in the name of the Association shall be repaired or reconstructed unless, within sixty (60) days after the casualty, at least seventy-five percent (75a) of the Total Association Vote otherwise.agree. If for any reason either the amount of the insurance proceeds to be paid as a result of such damage or destruction, or reliable.and detailed estimates of the cost of repair or reconstruction, or both, are not made available to the Association within such period, then the period shall be extended until such information shall be made available; provided, however, such extension shall not exceed sixty (60) days: No Mortgagee shall have the right to participate in the determination of whether damage or destruction shall be repaired or xeconstructed. - 7.5.3 If the damage or destruction for which the insurance proceeds are paid is to be repaired or reconstructed and such proceeds are not sufficient to defray the cost thereof, the Board of Directors shall, without the necessity of a vote of the Association's members, levy a special assessment against all Owners in proportion to the number_of Lots owned by such Owners.Additional assessments may be made in like manner at any time during or following the completion of any repair or reconstruction. If the funds available from insurance exceed the costs of repair or reconstruction or if the improvements are not repaired or reconstructed, such excess shall be deposited to the benefit of the Association. 7.5.4 In the event it should be. determined by the Association in the manner described above that the damage or destruction shall riot be repaired or reconstructed and no alternative improvements are authorized, then and in that event the property shall be restored to its natural state and maintained as an undeveloped portion of the Community by the Association in a neat and attractive condition. 7.6 Damage and Destruction Insured by Owners. The damage or destruction by fire or other casualty to all or any portion of any improvement on a Lot shall be repaired by the Owner thereof within seventy-five (75) days after such damage or destruction or, whether repairs cannot be completed within seventy-five (75) days, they shall be commenced within such period and shall be completed within a reasonable time thereafter.- Alternatively, the Owner may elect to demolish all improvements on the Lot. and remove all debris therefrom within seventy-five (75) days after such damage or destruction. In the event of non- RIVERWALK ELEVENTH ADDITION CCRs Page 28 . • compliance with this provision, the Board of Directors shall have all enforcement powers specified herein. 7.7 Insurance Deductible. The deductible for any casualty insurance policy carried by the Association shall, in the event of damage or destruction, be allocated among the Persons who are responsible hereunder, or be a common expense of the Association. ARTIGLE 8 CONDEMNATION - In the event of a taking by eminent domain of any portion of the Common Areas on which improvements have been constructed, then, unless within sixty (60) days after such taking, at least seventy-five percent (75%) of the Total Association Vote shall otherwise agree, the Association shall restore or replace such . improvements so taken on the remaining.land included in the Common Areas to the extent.lands are available therefor. The provisions of Section 7.5, above, applicable to Common Areas improvements damages, shall govern replacement or restoration and the actions to be taken in the event that the improvements are not restored or replaced. ARTICLE 9 ANNEXATION OF ADDITIONAL PROPERTY-MERGER WITH ANOTHER HOMEOWNERS • ASSOCIATION PERMITTED 9.1 ANNEXATION. The rights reserved unto Declarant and its Affiliate to subject additional land to the Declaration shall not impose any obligation upon Declarant or its Affiliate to subject any of such additional land to this Declaration or to the jurisdiction of the Association. If such additional land is not " subj ected to this Declaration, Declarant' s or its Affiliate' s.. reserved rights shall not impose any obligation on Declarant or its Affiliate to impose any covenants and restrictions similar to those contained herein upon such additional land nor shall such rights in any manner* limit or restrict the' use to which such additional land may be put by Declarant, its Affiliate, or any subsequent owner thereof, whether such uses are consistent with_ the covenants and restrictions imposed hereby or not. 9.2 Other. Annexation. Subject to the consent of the owner(s) thereof and the consent of the Declarant, or its Affiliate (so long as the Declarant owns any property for development and/or sale in. the Community or has the right to unilaterally annex additional property to the Community), upon the affirmative vote or written consent, or any combination thereof, RIVERWALK ELEVENTH ADDITION CCRs . Page 29 \ of seventy-five percent (750) of~the Total Association*Vote, the Association may annex real property to the provisions of this Declaration and the jurisdiction of the Association by filing for record a Supplementary Declaration describing the property being annexed. Any such Supplementary Declaration shall be signed by the President of the Association whose signature shall be attested by the Secretary of the Association, and any such-annexation shall be effective only upon the filing for record of such Supplementary declaration, unless a later effective date is provided therein. 9.3 Merger With Another Homeowners' Association Permitted. Notwithstanding any other pr.ovision to the contrary herein, at any _ time after the end of the Development Period, as defined hereinabove, the Board of Directors, upon a unanimous vote of the Board and upon the valid written consent of another homeowners' association at the Riverwalk development, may cause the Riverwalk Eleventh Homeowners' Association to merge with said other existing . homeowners' association and then cause the Riverwal-k Eleventh Homeowners' Association to be terminated. Thereafter, all lots in Riverwalk Eleventh Addition shall be under the direction and control of said association into which the Riverwalk Eleventh Homeowners' Association is merged. ARTICLE 10 MORTGAGEE PROVISIONS The following provisions are for the benefit of holders of first Mortgages on Lots in the Community. The provisions of this Article apply to both this Declaration and to the Bylaws, notwithstanding any other provisions contained therein. 10.1 Notice of Action. An institutional holder, insurer, or guarantor of a first Mortgage, who provides a written request to the Association (such request to state the name and address of such holder, insurer, or guarantor and the Lot number, therefore becoming an "eligible holder"), will be entitled to timely written . report as to the current status of said Lot with respect to the following: 10.1.1 Any condemnation loss or any casualty loss - which affects a material portion of the Commtznity or which affects any Lot on which there is a first Mortgage held, insured, or guaranteed by such eligible holder. 10.1.2 Any delinquency in the payment of assessments or charges owed by an Owner of a Lot subject to the Niortgage of such eligible holcler. - RIVERWALK ELEVENTH ADDITION CCRs Page 30 ♦ • - • 10.2 No Priority. -No provision of this Declaration or the - Bylaws gives or shall be construed as giving any Owner or other party priority over any rights of the first Mortgagee of any Lot in the case of distribution to such Owner of insurance proceeds or condemnation awards for losses to or a taking of the Common Areas. 10.3 Notice to Association. As long as the Declarant has the right to appoint and remove the Directors of the Association and so long as the proj ect is approved by the U. S. Department of Housing and Urban Development ("HUD") for insuring or the U.S. Department of Veterans Affairs VA") for guaranteeing any Mortgage in the Community the following actions shall requir,e the prior approval of the VA and/or HUD as appl-icable: dedication of Common Areas to any public entity; mergers and consolidations; dissolution of the Association, and material amendment of the Declaration,- By-laws or Articles of Incorporation. 10.4 Applicability of Article 10. Nothing contained in this Article shall be construed to reduce the percentage vote that must otherwise be obtained under the Declaration, By-laws, or Washington law for any of the acts set out in this Article. 10.5 Amendments by Board. Should the Federal National . Nlortgage Association, the-Federal Home Loan Mortgage Corporation, HUD or VA subsequently delete any of their respective requirements which necessitate the provisions-of this Article or make any such requirements less stringent, the -Board, without approval of the Owners, may cause an amendment to this Article to be recorded to reflect such changes. ARTICLE 11 EASENlENTS 11.1 Easements for Use and Enjoyment. _ 11.1.1 Every Owner of a Lot shall have a right and easement of ingress and egress, use and. enjoyment in and to the . Common Areas which shall be appurtenant to and shall pass with the title-to each Lot, subject to the following provisions: 11.1.1.1 the right of the Association to charge reasonable fees for the use and maintenance of any portion of the Common Areas, to limit the number of guests of Lot Owners and tenants who may use the Common Areas, and to provide for the exclusive use and enjoyinent of specific portions thereof at certain - designated times by an Owner, his family, tenants, guests, and invitees, Provided However, any portion of RIVERWALK ELEVENTH ADDITION CCRs Page 31 ' . c • the Common Areas comprising the private roads as shown ~ on the final plat shall not be restricted as to other platted areas of the Riverwalk subdivision that are subjected to a reciprocal easement allowing rights of said subdivision Plat occupants to travel. over said private roads; 11.1.1.2 the right of the association to suspend the voting rights of an Owner and the right of an *Owner to use certain Common Areas for any period during which any assessment against such Owner's Lot remains unpaid; 11.1:1.3 the right of the Association to borrow money for the purpose of improving the Common Areas, or- .any portion thereof, or for construction, repairing or improving any facilities located or to be located thereon, and to give as security for the payment of any such loan a Mortgage conveying all or any portion of ~ the Common Areas; provided, however, the lien and encumbrance of any such Mortgage given by the Association shall be subject and subordinate to any rights, interest,. options, easements and privileges herein reserved or established for the benefit of Declarant, or any Lot-or Lot Owner, or the holder of any Mortgage, irrespective of when executed, given by Declarant or any Lot Owner encumbering any Lot or other - property located with in the Community; and 11.1.1.4 the right of the Association to dedicate or transfer all or any portion of the Common Area private roads only to the county_ or other governing municipality so as to make said roadways public and to obtain repair and maintenance of said roads by said municipality and subject to such other conditions as may be agreed to by the members of the Association. No such dedication or transfer shall be effective unless an instrument agreeing to such dedication or transfer has been approved by the affirmative vote of at least seventy-five percent (750) of the Total Association ..Vote; provided, however, that during the Development Period, Declarant may, on its sole signature, dedicate , or transfer portions of the Common Areas, so long as such transfer or dedication does not materially and adversely affect the Association or any Lot Owner. Not withstanding the above, the private roadways as shown . - on the plat of Riverwalk Eleventh are for the purpose of ingressand egress for all of the lots in Riverwalk _ Eleventh and nothing shall be done by the Association or the Declarant that shall eliminate the rights of any RIVERWALK ELEVENTH ADDITION CCRs Page 32 + r . i lot within the Plat of Riverwalk El-eventh from using . said roadways for ingress and egress to their lot. No other area of the Common Area shall be sold, conveyed or transferred in any manner except as stated above. It is the intent of the Declarant that the Common Area- shall be considered as servient estates for taxing purposes to the property described as lots within the Plat of Riverwalk Eleventh. THE OBLIGATION TO CONSTRUCT, MAINTAIN AND REPAIR THE COMMON AREA, INCLUDING THE PRIVATE ROADWAYS, SHALL NOT BE THE RESPONSIBILITY OF SPOKANE COUNTY AND SAID COSTS SHALL- BE SHARED PRORATA BY ALL OF THE LOTS IN THE PLAT OF RIVEP:WALK ELEVENTH, EQUALLY. NOTWITHSTANDING THE ABOVE, SPOKANE COUNTY IS HEREBY GIVEN RIGHTS OF EASEMENT ON, OVER AND ACROSS THE CONMON AREA PRIVATE ROADWAYS AND OTHER CONMON AREAS AND DRAINAGE AR£.AS FOR ALL NORMAL AND CUSTOMARY COUNTY PURPOSES, BUT NOT TO THE EXTENT OF RESTRICTING THE RIGHTS OF INGRESS AND EGRESS TO EACH OF THE LOTS WITH IN THE PLAT. 11.1.1.5 the right of the Associ.ation to designate certain Special Benefit Common Areas for the exclusive benefit of certain Specially Benefited Lots and to exclude the Owners of other Lots from the use of such Special Benefit Common Areas. 11.1.2 Any Lot Owner may delegate such Owner's right of use and enjoyment in and to the Common Areas and*facilities located thereon to the members of such Owner's family and to such Owner's tenants and guests and shall be deemed to have made a delegation of all such rights to the Occupants of such Owner's Lot, if leased. 11.2 Easement for Utilities. There is hereby reserved to the Declarant, the Association and any utility providers designated by either the Declarant or the Association blanket easements upon, across, above and under all property within the Community for access, ingress, egress, installation, repairing, replacing, and maintaining all utilities serving the Community or any portion thereof, including, but not 1_imited to, gas, water, sanitary sewer, telephone and electricity. It shall be expressly permissible for the Declarant, the Association, or the designee of either, as the case may be, to install, repair, replace, and maintain or-to -authorize the installation, repairing, replacing, and maintaining of such wires, conduits, cables and other equipment related to the providing of any such utility or service. . This easement shall be utilized so as to"-not unreasonably interfere with improvements constructed upon any Lot and the ' RIVERWALK ELEVENTH ADDITION CCRs Page 33 ~ ~ . . , . building envelope for any unimproved Lot. Should any party furnishing any such utility or service request a specific license or easement by separate recordable document, the Board shall have the right to grant such easement. 11.3 Easement for Entry. In addition to the right of the Board to exercise self-help as. provided in Section 12.2 hereof, the Board shall have the right, but shall not be obligated, to enter upon any property within the Communityfor emergency, security, and safety reasons, which right may be exercised by police officers, fire fighters, ambulance personnel, and similar emergency personnel in the performance of their respective duties. Except in an emergency situation, entry shall only be during reasonable hours and after notice to the Owner, and the entering party shall be responsible for any damage caused. 11.4 Easemerit for Maintenance. Declarant hereby expressly reserves a perpetual easement for the benefit of the Association across such portions of the Community, determined in the sole discretion of the Association, as are necessary to allow for the maintenance required under Article 5. Such maintenance shall be ' performed with a minimum of interference to the quiet enjoyment of Owner' s property, reasonable steps shall be taken to protect such property, and damage shall be repaired by the Person causing the damage at its sole expense. - 11.5 Easement for Entry Features. There is hereby reserved to the Declarant and the Association an easement for ingress, egress, installation, construction, landscaping and maintenance of entry features. and similar street-scapes for the Community, as more fully described on the recorded subdivision plats for the Community or any other recorded instrument, easement or , conveyance. The easement and right herein reserved shall include the right to cut, remove, and plant trees, shrubbery, flowers and other vegetation around such entry features and the right to grade the land under and around such entry features. 11.6 Construction and Sale Period Easement. Notwithstanding any provisions contained in this Declaration, the By-laws, Articles of Incorporation, rules and regulations, design guidelines, and any amendments thereto, until Declarant's right unilaterally to subject property to this Declaration as provided in Article 9 terminates and thereafter so long as Declarant owns any property in the Community for development and/or sale, Declarant reserves an easement across all Community property for Declarant and any builder or developer approved by Declarant to maintain and carry on, upon such portion of the Community as Declarant may reasonably deem necessary, such facilities and activities as in the sole opinion of Declarant may be required, RIVERWALK ELEVENTH ADDITION CCRs Page 34 ' ' . . < . convenient, or incidental to activities related to property described on Exhibit A to this Declaration, including, but without limitation; the right of access, ingress and egress for vehicular and pedestrian traffic and construction activities over, under, on or in the Community, including, without limitation any Lot; the right to tie into any portion of the Community with driveways, parking areas and walkways; the right to tie into and/or otherwise connect and use (without a tap-on or any other fee for so doing), replace, relocate, maintain and repair any device which provides utility or similar services including, without limitation, electrical, telephone, natural gas, water, sewer and drainage lines and facilities constructed or installed in, on, under and/or over the Community; the right to carry on sales and promotional activities in the Community; and the right to construct and operate business offices, signs, construction trailers, model residences, and sales offices. Declarant and any such builder or developer may use residences, offices, or other buildings owned or leased by Declarant or such builder or developer as model . residences and sales offices. Rights exercised pursuant to such reserved easement shall be exercised with a minimum of interference to the quiet enjoyment of affected property, - reasonable steps shall be taken to. protect such property, and damage shall be repaired by the Person causing the damage at its sole expense. During the Development Period, this Section shall - not be amended without the Declarant's express written consent. ARTICLE 12 GENERAL PROVISIONS 12.1 Enforcement. Each Owner and Occupant shall comply strictly with the Association's By-laws, rules and regulations, the use restrictions, as they may be,lawfully amended or modified from time to time, and with the covenants, conditions, and restrictions set forth in this Declaration and in the deed to such Owner' s Lot, if any. After notice and an opportunity to be heard by the Board of Directors or by a representative designated by the Board, and in accordance with rules and regulations adopted by the Board, the Board may levy reasonable fines for violations of the above (in addition to any late charges that may be assessed in connection with the late payment of assessments or other . Association charges) An accordance with a previously established . schedule adopted by the Board and furnished to the Owners, which fines shall be collected as provided herein for the collection of assessments. Failure to comply with this Declaration, the By-Laws or the rules and regulations shall be grounds for an action to this Declaration, the By-Laws or the rules and_regulations shall be grounds for an action to recover sums due for damages or injunctive relief, or both, maintainable by the Board of RIVERWALK ELEVENTH ADDITION CCRs Page 35 • II , • i, • • _ , Directors, on behalf of the Association, or, in a proper case, by . an aggrieved Owner. Failure by the Association or any Owner to enforce any of the foregoing shall in no event be deemed a waiver - of the right to do so thereafter. The Board shall have the right to record a notice_of violation of the Declaration, By-Laws, rules and regulations, or design guidelines and to assess the cost of recording and removing such notice against the Owner who is responsible (or whose Occupants are responsible) for violating the foregoing. - 12.2 Self-Help. In addition to any other remedies provided for herein, the Association or its duly authorized agent shall have the power to enter upon any Lot or any other portion of the , Community to abate or remove, any structure, thing or condition which violates this declaration, the By-laws, or the association's rules and regulations. Unless an emergency situation exists, the board shall given the violating owner ten (10) days' written notice of its intent to exercise self-help. Notwithstanding the foregoing, vehicles may be towed after reasonable notice. All costs of self-help, including, without limitation, reasonable attorneys' fees_actually incurred, shall be assessed against the ' violating Owner and shall be collected as provided for herein for the collection of assessments. 12.3 Duration. This Declaration shall run with and bind the Community, and shall inure to the benefit of and shall be enforceable by the Association or any Owner, their respective legal representatives, heirs, successors, and assigns, perpetually to the extent provided by law; provided, however, so long as and to the extent that Washington law limits the period during which covenants restricting land to certain uses may run, any provisions of this Declaration affected thereby shall run with and bind the land so long as permitted by such law, after which time, any such. provision shall be (a) automatically extended (to the ,extent allowed by applicable law) for successive periods of ten (10) years, unless a written instrument reflecting disapproval signed by the then Owners of at least two-thirds (2/3) of the Lots and the Declarant (so long as the Declarant owns any property for development and/or sale in the Community) has been recorded within the year immediately preceding the beginning of a ten (10) year renewal period agreeing to change such provisions, in whole or in part, or to terminate the same, in which case this Declaration shall be modified or terminated to the extent specified therein; or (b) extended as otherwise provided by law. Every purchaser or grantee of any interest (including, without limitation, a security interest) in any real, property subject to this Declaration, by acceptance of a deed or other conveyance therefor, thereby agrees that such provisions of this Declaration may be extended and renewed as provided in this Section. RIVERWALK ELEVENTH ADDITION CCRs Page 36 • . - _ , b , 12.4 Amendments. ' 12.4.1 This Declaration may be amended unilaterally at any time and from time to time by Declarant (i) if such amendment is necessary to bring any provision hereof into compliance with any applicable governmental statute, rule, or regulation or judicial determination which shall be in conflict therewith; (ii) if such amendment i's necessary to enable any title Insurance company to issue title insurance coverage with respect to the Lots subject to this Declaration; (iii) if such amendment is required by an institutional or governmental lender or purchaser of mortgage loans, including, for example, the Federal National Mortgage Association or Federal Home Loan Mortgage Corporation, to enable such lender or purchaser to make or purchase Mortgage loans on the Lots subject to this- Declaration; or (iv) if such amendment is necessary to enable any governmental agency or private insurance company to insure or guarantee Mortgage loans on the Lots subject to this Declaration; provided, however, any such amendment shall not adversely affect the title to any Owner's Lot unless any such Lot Owner shall consent thereto in writing. Further, so long as Declarant owns any property for development and/or sale in theCommunity or has the right unilaterally to subject additional property to this Declaration for any other purpose; provided, however, any such amendment shall not materially adversely affect the substantive rights of any Lot Owners hereunder, nor shall it adversely affect title to any Lot without the consent of the affected Lot Owner. . 12.4.2 This Declaration may also be amended upon the affirmative vote or written consent, or any combination thereof, of the Owners of at least seventy-five percent (75 0) of the total association vote and the -consent of Declarant (so long as the Declarant owns any property for development and/or sale in the Community or has the •right to unilaterally annex additional . property to the Community). Amendments to this Declaration shall become effective upon recordation, unless a later effective date is specified therein. 12.5 Partition. The Common Areas shall remain undivided, and no Owner nor any other Person shall bring any action for partition or division of the whole or any part thereof without the written consent of all Owners of all portions of the property located within the Community and without the written consent of all holders of all Mortgages encumbering any portion of the property, including, but not necessarily limited to, the Lots located within the Community. RIVERWALK ELEVENTH ADDITION CCRs Page 37 . 12.6 Gender and Grammar. The singular, wherever used . herein, shall be construed to mean the plural, when applicable, and the use of the masculine pronoun shall include the neuter and feminine. . , 12.7 Severability. Whenever possible, each provision of this Declaration shall.be interpreted in such manner as to be effective and valid, but i.f the' application of any provision of this Declaration 'to any person or to any property shall be prohibited or held invalid, such prohibition or invalidity shall not affect any other provision or the application of any provision which can be given effect without the invalid provision or application, and, to this end, the provisions of this Declaration . are declared to be severable. 12.8 Captions. The captions of each Article and Section hereof, as to the contents of each Article and Section, are inserted only for convenience and are in no way to be construed as defining, limiting, extending, or otherwise modifying or adding to the particular Article or Section to which they refer. . 12.9 Perpetuities. If any of the covenants, conditions, restrictions, or other provisions of. this Declaration shall be unlawful, void, or voidable for violation of the rule against perpetuities, then such provisions shall continue only .until twenty-one (21) years after the death of the last survivor of the now-living descendants of the individuals signing this Declaration. 12.10 Indemnification. To the fullest-extent allowed by applicable Washington law, the Association shall indemnify every officer and director against any and all expenses, including, without limitation, attorney's fees, imposed upon or reasonably incurred by any officer or director in connection with any action, suit, or other proceeding (including settlement of any suit or proceeding, if approved by the then Board of Directors) to which such officer or director may be a party by reason of being or having been an officer or director. The officers and directors shall not be liable for any mistake of judgment, negligent or otherwise, except for their own individual willful misfeasance, . malfeasance, misconduct, or bad faith. The officers and directors shall have no personal liability with respect to any contract or other commitment made by them, in good faith, on behalf of the Association (except to the extent that such officers or directors may also be members of the Association), and the Association shall indemnify and forever hold each such officer director free and harmless against any and all liability to others on account of any such contract or commitment. Any right to indemnification provided for herein shall not be exclusive of any other rights to which any RIVERWALK ELEVENTH ADDITION.CCRs • Page 38 . ~ ~ ` . officer or director, or former officer 'or director, may be entitled. The Association may, at the discretion of the Board, . maintain adequate general liability and officers' and directors' _ liability insurance to fund this obligation, if such coverage is reasonable available. 12.11 Books and Records. This Declaration, the By-laws,. copies of rules and use restrictions, membership register, books of account, and minutes of ineetings of the members of the Board and of committees shall be made available pursuant to reasonable procedures established by the Board for inspection and copying by any member of the insurers, or guarantors of any first Mortgage at any reasonable time and for a purpose reasonably related to such Person's interest as a member or holder, insurer, or guarantor of a first Mortgage at the office of the Association or at such other reasonable place as the Board shall prescribe. 12.12 Financial Review. At least annually, the Board of . -Directors shall prepare, or cause to be prepared, a financial statement of the Association.- If the annual assessments of the Association equal or exceed fifty thousand dollars, the financial statements shall be audited at least annually by an independent . cer_tified public accountant unless the audit .requirement is waived for a particular year by the affirmative vote of sixty-seven percent (670) of the votes cast by Owners, whether in person or by proxy, at a meeting of the Association at which a quorum is present. Upon written request of any institutional holder of a first Mortgage and upon payment of all necessary casts, such holder shall be- entitled to receive a copy of audited financial statements within ninety (90) days of the date of the request. 12.13 Notice of Sale, Lease or Acquisition. In the event an Owner sells or leases such Owner's Lot, the.Owner shall give to the Association, in writing, prior to the effective date of such sale or lease, the name of the purchaser or lessee of the Lot and such other information as the Board may reasonably require. Upon acquisition of a Lot each new Owner shall give the Association, in writing, the name and mailing address of the Owner and such other information.as the Board may reasonably require. - 12.14 Agreements. Subject to the prior approval of Declarant (so long as Declarant owns any property for development and/or sale in the Community, all agreements and determinations, including settlement agreements regarding litigation involving the Association, lawfully authorized by the-Board of Directors shall RIVERWALK ELEVENTH ADDITION CCRs Page 39 t y • w ~ be binding upon all Owners, their heirs, legal representatives, successors, assigns, and others having an interest in the Community or the privilege of possession and enjoyment of any part of the Community. 12.15 Implied Rights. The Association may exercise any right or privilege given to it expressly by this Declaration, the By-laws, the Articles of Incorporation, any use restriction or rule, and every other right or privilege reasonably to be implied from the existence of any right or privilege given to it therein or reasonably necessary to effectuate any such right or privilege. 12.16 Variances. Notwithstanding anythirig to the contrary contained herein, the Board of Directors or its designee shall be authorized to grant individual variances from any of the provisions of this Declaration, the By-laws and any rule, regulation or use restriction established pursuant thereto if it determines that waiver of application or enforcement of the provision in a particular case would not be inconsistent with the overall scheme of development for the Community. . 2 12.17 Litigation. No judicial or administrative proceeding shall be commenced or prosecuted by the Association unless approved by at least seventy-five percent (750) of the Total Association Vote. This Section shall not apply, however, to (i) actions brought by the Association to enforce the provisions of this Declaration- (including, without limitation, the foreclosure of liens), (ii) the imposition and collection of assessments as provided in Article 4 hereof, (iii) proceedings involving challenges to ad valorem taxation, or (iv) counterclaims brought by the Association in proceedings instituted against it. This Section shall not be amended unless such amendment. is made by the Declarant pursuant to Section 12.4, hereof, or is approved by the percentage votes, and pursuant to the same procedures, necessary to institute proceedings as provided above. EXECUTED the day and year first above written. DECLARANT: CONDRON-CONSTRUCTION, INC. By: . . CRAIG CONDRON, It's President RIVERWALK ELEVENTH ADDITION CCRs Page 40 / Il' 3 w t,. n' • CONSENT TO RECORDATION OF DECLARATION Bank and the other undersigned parties, which are the holders of a First Mortgage and/or construction mortgages and second Deed of Trust, respectively, covering the Lots described in the.foregoing Declaration, hereby acknowledges that they have read and approve the above and foregoing Declaration, and each entity and individual signing below agrees that the lien of said Deeds - of Trust and/or Mortgages shall be subject to the Declaration to the same extent as though the Declaration were executed and recorded prior to the Deed of Trust ( s ) /Mortgage ( s ) DATED this day of , 2002. BANK By: _ It's . By: I t' s RIVERWALK ELEVENTH ADDITION CCRs Page 41 1 t ► STATE OF WASHINGTON ) ) ss. County of Spokane ) On this day of , 2002, before me the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared and to me known to be the and of BANK, the corporation that executed the foregoing instrument and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute the said instrument and that the seal affixed is the corporate seal of said corporation. GIVEN -under my hand and official seal the day and year last above written. , _ Notary Public in and for the State of Washington,- residing in _ My Commissi•on Expires : - STATE OF WASHINGTON ) ) ss. County of Spokane ) On this day personally appeared before me and , to me known to be the individual(s) described in and who executed the within and foregoing instrument, and acknowledged that they signed the same as their free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of , 2002. Notary Public in and for the State of Washington, residing in My Commission Expires: RIVERWALK ELEVENTH ADDITION CCRs Page 42 - ♦ s ' m ' STATE OF WASHINGTON ) ) ss. County of Spokane . On this , day of , 2002 before me the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared CRAIG CONDRON and to me known to be the President and • of CONDRON CONSTRUCTION, INC., the corporation that executed the foregoing instrument and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was 'authorized to execute the said instrument. . GIVEN under my hand and official seal the day and year last above written. • Notary Public for Washington Residing at Spokane My Commission Expires: - C/WPF/JLT/REAL/CONDRON-CONST/CCR'S-001 ' RIVERWALK ELEVENTH ADDITION CCRs Page 43 ~DITIpN E ~~~Tx RIV~~~ALX 55083 ' 9013, , T, gar~el ak~e C~un~ ri i Des~ption) . tLega " Paqe 44 AppI2'~ON CCRs RI~gWALK ELEVEI~TH . . 0, f EXHIBIT "g" (Legal description of Comnon Areas) . (or Plat less identified Lots = remainder = common area) RIVERWALK ELEVENTH ADDITION CCRs Page 45 _ ~~~EIVED MAY 01 2002 SPOKANE GOUNqY ENGl=-DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR R2VERWALK ELEVENTH ADD2T20N [with subsequent merger provisions to existing Riverwalk Home Owners Association] (a Planned Unit Development) D-004 After Recording Return to: Jerry Trunkenbolz TRUNKENBOLZ I ROHR PLLC 12704 E. Nora Avenue Spokane, WA 99216 RIVERWALK ELEVENTH ADDITION CCRs Page 1 TABLE OF CONTENTS Page ARTICLE 1 DEFINITIONS 5 1.1 Word Defined 5 ARTICLE 2 PROPERTY SUBJECT TO THIS DECLARATION 9 2.1 Property Hereby Subjected to This Declaration..... 9 2.2 Other Property 9 ARTICLE 3 RIVERWALK ELEVENTH HOME OWNERS ASSOCIATION........ 9 3.1 Description of Association 9 3.2 Board of Directors 9 3.3 Membership 9 3.4 Voting 10 3.5 Architectural Review Committee 10 ARTICLE 4 ASSESSMENTS 12 4.1 Purpose of Assessment 12 4.2 Creation of the Lien and Personal Obligation for Assessments 12 4.3 Computation 13 4.4 Revised Budget 14 4.5 Special Assessments 14 4.6 Lien for assessments 14 4.7 Effect of Nonpayment of Assessments; Remedies of the Association 14 4.8 Date of Commencements of Assessments 15 4.9 Specific Assessments 15 4.10 Budget Deficits During Declarant Control.......... 16 ARTICLE 5 MAINTENANCE; CONVEYANCE OF COMMON AREAS TO ASSOCIATION 16 5.1 Association's Responsibility 16 5.2 Property Not Owned by Association 17 5.3 Damage Caused by Owner 17 5.4 Owner's Responsibility 17 5.5 Conveyance of Common Areas and Special Benefit Common Areas by Declarant to Association.......... 18 5.6 Conversion of Common Areas 18 RIVERWALK ELEVENTH ADDITION CCRs Page 2 ARTICLE 6 USE RESTRICTIONS AND RULES 18 6.1 General Rules and Regulations 18 6.2 Residential Use 18 6.3 Building and Landscaping Requirements and Restrictions 19 6.4 Signs 20 6.5 Vehicles 20 6.6 Vehicles on Common Areas 21 6.7 Leasing 21 6.8 Occupants Bound 21 6.9 Animals 21 6.10 Nuisance 22 6.11 Unsightly or Unkempt Conditions 22 6.12 Antennas 22 6.13 Tree Removal 23 6.14 Drainage 23 6.15 Sight Distance at Intersections 23 6.16 Garbage cans, Woodpiles, Etc 23 6.17 Subdivision of Lot 23 6.18 Guns 24 6.19 Utilities 24 6.20 Lighting 24 6.21 Artificial Vegetation, Exterior Sculpture, and Similar Items 24 6.22 Swimming Pools 24 6.23 Mailboxes 25 6.24 Clotheslines 25 6.25 Exterior Security Devices 25 6.26 Construction and Sale Period 25 ARTICLE 7 INSUR.ANCE AND CASUALTY LOSSES 25 7.1 Insurance Coverage 25 7.2 Policy Requirements 26 7.3 Other Insurance 27 7.4 Individual Insurance 27 7.5 Damages and Destruction Insured by Association 27 7.6 Damages and Destruction Insured by Owners 28 7.7 Insurance Deductible 29 ARTICLE 8 CONDEMNATION 29 ARTICLE 9 ANNEXATION OF ADDITIONAL PROPERTY PERMITTED- MERGER WITH RIVERWALK OWNERS' ASSOCIATION - MANDATORY.... 29 RIVERWALK ELEVENTH ADDITION CCRs Page 3 9.1 Annexation 29 9.2 Other Annexation 30 9.3 Merger With Riverwalk Owners' Association - Mandatory 30 ARTICLE 10 MORTGAGEE PROVISIONS 30 10.1 Notice of Action 30 10.2 No Priority 31 10.3 Notice to Association 31 10.4 Applicability of Article 10 31 10.5 Amendments by Board 31 ARTICLE 11 EASEMENTS 31 11.1 Easements for Use and Enjoyment 31 11.2 Easement for Utilities 33 11.3 Easement for Entry .................................34 11.4 Easement for Maintenance 34 11.5 Easement for Entry Features 34 11.6 Construction and Sale Period Easement 34 ARTICLE 12 GENER.AL PROVISIONS 35 12.1 Enforcement 35 12.2 Self-Help 36 12.3 Duration 36 12.4 Amendments 37 12.5 Partition 38 12.6 Gender and Grammar 38 12.7 Severability 38 12.8 Captions.......................................... 38 12.9 Perpetuities 38 ~ 12.10 Indemnification 38 12.11 Books and Records 39 12.12 Financial Review 39 12.13 Notice of Sale, Lease or Acquisition 39 12.14 Agreements 40 12.15 Implied Rights 40 12.16 Variances 40 12.17 Litigation 40 RIVERWALK ELEVENTH ADDITION CCRs Page 4 DECLARATION OF COVENANTS, CONDITIONS RESTRICTIONS AND RESERVATIONS OF EASEMENTS FOR RIVERWALK ELEVENTH ADDITION ( a Planned Unit Development) THIS DECLAR.ATION is made on this day of , 2002 by C& L DEVELOPMENTS, LLC, a Washington limited liability company ("Declarant"). A. Declarant is the Owner of certain property located in Spokane County, Washington, described in Section 2.1 of this Declaration. B. Declarant desires to subject the real property described in Section 2.1 hereof to the provisions of this Declaration to create a residential community of single-family housing (as "single family" is defined below) and related uses as set forth in Section 6.2 hereof and to provide for the subjecting of other real property to the provisions of this Declaration in phases. NOW, THEREFOR, Declarant declares that all the real property described in Section 2.1 of this Declaration, including the improvements constructed or to be constructed thereon, is hereby subjected to the provisions of this Declaration and shall be held, sold, transferred, conveyed, used, occupied and mortgaged or otherwise encumbered subject to the covenants, conditions, restrictions, easements, assessments and liens, hereinafter set forth, which are for the purpose of protecting the value and desirability of, and which shall run with the title to, the real property hereby or hereafter made subject hereto, and shall be binding on all persons having any right, title or interest in all or any portion of the real property now or hereafter made subject hereto, their respective heirs, legal representatives, successors, successors-in-title, and assigns and shall inure to the benefit of each and every owner of all or any portion thereof. RIVERWALK ELEVENTH ADDITION CCRs Page 5 ARTICLE 1 DEFINITIONS 1.1 Word Defined. The following words, when used in this declaration or in any supplementary declaration (unless the context shall prohibit), shall have the following meanings: 1.1.1 "Affiliate of Declarant" means any person who controls, is controlled by, or is under common control with Declarant. 1.1.2 "Association" shall mean Riverwalk Eleventh Home Owners Association, a Washington nonprofit corporation, its successors and assigns. 1.1.3 "Board of Directors" or "Board" of the Association shall be the appointed or elected body, as applicable, having its normal meaning under Washington law. 1.1.4 "Bylaws" shall refer to the Bylaws of the Riverwalk Eleventh Home Owners Association. 1.1.5 "Common Areas" shall mean any and all real and personal property and easements and other interests therein, together with the facilities and improvements located thereon as designated on any final plat creating any phase of the Community or as otherwise conveyed to the Association for the common use and enjoyment of the Owners. Common Areas shall include Tracts A and D common areas and Tracts B and C private roadway easements, along with all drainage and utility easements, all sidewalk easements and all sidewalk drainage, utility and slope easements, as may be shown upon the plat of said Riverwalk Eleventh Addition. The legal description for the Common Areas is as is stated on Exhibit "B" attached hereto and incorporated herein by this reference. 1.1.6 "Community" shall mean and refer to that certain real property and interest therein described in Exhibit "A", attached hereto „ which real property shall be the property to which this Declaration applies. 1.1.7 "Community-Wide Standard" shall mean the standard of conduct, maintenance, or other activity generally prevailing in the Community. Such standard may be more specifically determined by the Board of Directors of the association. Such determination, however, shall generally be made with reference to the standards originally established by the Declarant. RIVERWALK ELEVENTH ADDITION CCRs Page 6 1.1.8 "Declarant" shall mean and refer to Condron Construction, Inc., a Washington corporation, and its successors- in-title and assigns, provided any such successor-in-title or assign shall acquire for the purpose of development or sale all or any portion of the remaining undeveloped or unsold portions of the real property described in Exhibit A, attached hereto, and provided further, in the instrument of conveyance to any such successor-in title or assign, such successor-in-title or assign is designated as the "Declarant" hereunder by the grantor of such conveyance, which grantor shall be the "Declarant" hereunder at the time of such conveyance; provided, further, upon such designation of such successor Declarant, all rights of the former Declarant in and to such status as "Declarant" hereunder shall cease, it being understood that as to all of the property described in Exhibit A, attached hereto, which is now subjected to this Declaration, there shall be only one "Declarant" hereunder at any one point in time. 1.1.9 "Development Period" shall mean that period of time beginning on the date this Declaration is recorded in the records of Spokane County and ending on the earliest to occur of (i) the sale by Declarant of the last lot created in the plat to a non-Declarant purchaser; (ii) twenty (20) years from the date of recording of this Declaration; or (iii) the date upon which a Supplementary declaration is recorded by declaration terminating the Development Period. 1.1.10 "Lot" shall mean any plot of land within the Community, whether or not improvements are constructed thereon, which constitutes or will constitute, after the construction of improvements, a residential dwelling site as shown on a plat recorded in the records of Spokane County. The ownership of each Lot shall include, and there shall pass with each Lot as an appurtenance thereto, whether or not separately described, all of the right, title, and interest of an Owner in the Common Areas, which shall include, without limitation, membership in the Association. 1.1.11 "Mortgage" means any mortgage, deed of trust, and any and all other similar instruments used for the purpose of encumbering real property in the Community as security for the payment or satisfaction of an obligation. 1.1.12 "Mortgagee" shall mean the holder of a Mortgage. 1.1.13 "Occupant" shall mean any Person occupying all or any portion of a residence or other property located within the Community for any period of time, regardless of whether such Person is a tenant or the Owner of such property. RZVERWALK ELEVENTH ADDITION CCRs Page 7 1.1.14 "Owner" shall mean and refer to the record owner, whether one or more Persons, of the fee simple title to any Lot located within the Community, excluding, however, any Person holding such interest merely as security for the performance or satisfaction of any obligation. 1.1.15 "Person" means any natural person, as well as a corporation, joint venture, partnership (general or limited), association, trust, or other legal entity. 1.1.16 "Single Family" shall mean a single housekeeping unit, without regard to the construction type or ownership of such unit, that includes not more than four (4) adults who are legally unrelated. 1.1.17 "Special Benefit Common areas", if any, shall mean any and all real and personal property and easements and other interests therein, together with the facilities and improvements located thereon, as designated on the final plat of the Community or as otherwise conveyed to or designated by the Association for the special use of, or that are intended to provide a special benefit to, one or more Specially Benefited Lots. 1.1.18 "Special Benefit Assessment", if any, shall mean such assessment as may be levied by the Board against certain Specially benefited Lots to cover the costs of constructing, acquiring, or maintaining the Special Benefit Common Areas benefiting such lots and payable by the Owners of such Specially Benefited Lots in addition to any general or special assessments that the Association may levy against all Lots comprising the Community. 1.1.19 "Specially benefited Lots", if any, shall mean one or more Lots intended to receive the benefit of the use of the Special Benefit Common Areas. 1.1.20 "Supplementary Declaration" means an amendment or supplement to this Declaration that subjects additional property to this Declaration or imposes, expressly or by reference, additional restrictions and obligations on the land described therein, or both. 1.1.21 "Total Association Vote" means all of the votes attributable to members of the Association (including the controlling votes of Declarant during the Development Period), and the consent of Declarant so long as Declarant owns any property for development and/or sale in the Community or has the right to unilaterally annex additional property to the Community. RIVERWALK ELEVENTH ADDITION CCRs Page 8 ARTICLE 2 PROPERTY SUBJECT TO THIS DECLARATION 2.1 Property Hereby Subjected to This Declaration. The real property which is, by the recording of this Declaration, subject to the covenants and restrictions hereafter set forth and which, by virtue of the recording of this Declaration, shall be held, transferred, sold conveyed, used, occupied, and mortgaged or otherwise encumbered subject to this Declaration is the real property described in Exhibit A, attached hereto and by reference made a part hereof. 2.2 Other Property. Only the real property described in Section 2.1 above is hereby made subject to this Declaration; provided, however, by one or more Supplementary Declarations, Declarant, an Affiliate of Declarant and the Association, after the development period, have the right, but not the obligation, to subject other real property to this Declaration, as provided in Article 9 below. ARTICLE 3 RIVERWALK ELEVENTH HOME OWNERS ASSOCIATION 3.1 Description of Association. The Association shall be charged with the duties and vested with the powers prescribed by law and set forth in this Declaration, any Supplementary Declaration, and the Articles of Incorporation and By laws of the Association, all as may be amended from to time; provided however, that no such governing documents shall for any reason be amended or otherwise interpreted so as to be inconsistent herewith. 3.2 Board of Directors. Declarant shall have the right to appoint or remove any member or members of the Board of Directors or any officer or officers of the Association until termination of the development Period. Each Owner, by acceptance of a deed to or other conveyance of a Lot vests in Declarant the authority to appoint and remove directors and officers of the Association during the Development Period. The directors selected by the Declarant need not be Owners, but any other Directors selected shall be Owners. The number of directors shall be set forth in the Bylaws. Following termination of the Development Period, the Board of Directors shall be elected by the Owners in accordance with the Bylaws or as otherwise provided hereinafter. 3.3 Membership. Every person who is the record owner of a fee or undivided fee interest in any Lot that is subj ect to this Declaration shall be deemed to have a membership in the RIVERWALK ELEVENTH ADDITION CCRs Page 9 Association and membership in the Association shall consisted exclusively of such owners. The foregoing is not intended to include persons who hold an interest merely as security for the performance of an obligation, and the giving of a security interest shall not terminate the Owner's membership. No Owner, whether one or more persons, shall have more than one (1) membership per Lot. In the event of multiple Owners of a Lot, votes and rights of use and enjoyment shall be as provided in this Declaration and in the Bylaws. Membership shall be appurtenant to and may not be separated from ownership of any Lot. The rights and privileges of inembership, including the right to vote and to hold office, may be exercised by a member or the member's spouse, but in no event shall more than one (1) vote be cast nor of f ice held for each Lot owned. The first annual meeting of the full membership of the Association shall be held within sixty (60) days after termination of the development Period on a date set by the Board pursuant to the Bylaws. 3.4 Voting. Except as to the Declarant who shall have the controlling vote during the Development Period, Members shall be entitled to one (1) vote for each Lot owned. When more than one (1) Person holds an ownership interest in any Lot, the vote for such Lot shall be exercised as those Owners themselves determine and advise the Secretary prior to any meeting. In the absence of such advice, the Lot's vote shall be suspended in the event more than one (1) Person seeks to exercise it. 3.5 Architectural Review Committee. No construction, alteration, addition, refurbishing, or erection of any nature whatsoever shall be commenced or placed upon any part of the Community, except that which is installed by the Declarant, or as is approved in accordance with this Section, or as is otherwise expressly permitted herein. Any such construction, alteration, addition, refurbishing, or erection shall not be made unless and until plans and specifications showing the nature, kind, shape, size and height, architectural design and detail, materials, workmanship, colors, location on site, improvement and site grade elevations, and site landscaping shall have been submitted in writing to and approved by the Architectural Review Committee established pursuant to this Section 3.5. The Board may employ architects, engineers, or other persons as it deems necessary to enable the Architectural Review Committee to perform its review. Written design guidelines and procedures ("Design Guidelines") may be established for the exercise of this review, which Design Guidelines may provide for a review fee. The Design Guidelines may evolve over time with changes in the market place. 3.5.1 So long as the Declarant or an Affiliate of Declarant owns any property for development and/or sale in the RIVERWALK ELEVENTH ADDITION CCRs Page 10 Community or has the right to unilaterally annex additional property to the Community, the Declarant shall have the right to appoint or remove any or all members of the Architectural Review Committee. Upon the expiration or earlier surrender in writing of such right, the Board shall appoint the members of the Architectural Review Committee. 3.5.2 If the Architectural Review Committee fails to approve or to disapprove submitted plans and specifications within sixty (60) days after the plans and specifications have been submitted, which submission shall be evidenced by a written receipt for said plans and specifications, approval will not be required, and this Section will be deemed to have been fully complied with. In this event, any such plans and specifications shall nevertheless be in compliance with all the restrictions contained in this Declaration and any Design Guidelines established by the Architectural Review Committee which are then in effect. 3.5.3 As a condition of approval under this Section, each Owner, on behalf of such Owner and such Owner's successors- in-interest, shall assume all responsibilities for maintenance, repair, replacement, and insurance to and on any change, modification, addition, or alteration. In the discretion of the Architectural review committee, an Owner may be made to verify such condition of approval by a recordable written instrument acknowledged by such Owner on behalf of such Owner and such Owner's successors-in-interest. 3.5.4 The Architectural review Committee shall be the sole arbiter of plans submitted to it and may withhold approval for any reason, including aesthetic considerations, and it shall be entitled to stop any construction in violation of approved plans or this Declaration. Any member of the Architectural Review committee or the Board or its representatives shall have the right, during reasonable hours and after reasonable notice, to enter upon any property to inspect for the purpose of ascertaining whether or not such plans and this Declaration have been or are being complied with. Such person or Persons shall not be deemed guilty of trespass by reason of such entry. In addition to any other remedies available to the Association. in the event of noncompliance with this Section, the Board may, as provided in Section 12.1 hereof, record a notice of violation naming the violating Owner. 3.5.5 Plans and specifications are not a2proved for engineering or structural design or quality of materials, and by 2pproving such plans and specifications neither the architectural review committee, the members thereof, nor the association assumes RIVERWALK ELEVENTH ADDITION CCRs Page 11 liability or responsibility therefor, nor for any defect in any structure constructed from such plans and sPecifications. Neither Declarant, the Association, the Architectural review Committee, the Board, nor the Officers, Directors, Members, Enployees, and Agents of any of them, shall be liable in damages to anyone submitting plans and specifications to any of them for approval, or to any owner of property affected by these restrictions by reason of mistake in judgment, negligence, or nonfeasance arising out of or in connection with the approval or disapproval or failure to aEprove or disapprove any such plans or specifications. Every person who submits plans or specifications and every owner agrees that such person or owner will not bring any action or suit against Declarant, the Association, the Architectural Review Committee, the Board, or the Officers, Directors, Members, Employees, and agents or any of them to recover any damages and hereby releases, remises, quitclaims, and covenants not to sue for all claims, demands, and causes of action arising out of or in connection with anx judgment, neqligence, or nonfeasance and hereby waives the provisions of any law which provides that a general release does not extend the claims, demands, and causes of action not known at the time the release is given. ARTICLE 4 ASSESSMENTS 4.1 Purpose of Assessment. The assessments provided for herein shall be used for the general purposes of promoting the recreation, health, safety, welfare, common benefit, and enjoyment of the Owners and occupants of Lots, including the maintenance of real and personal property, all as may be more specifically authorized from time to time by the Board of Directors. 4.2 Creation of the Lien and Personal Obligation for Assessments. Each owner of any Lot, by acceptance of a deed therefor whether or not it shall be so expressed in such deed, covenants and agrees to pay to the Association: (i) annual assessments or charges; (ii) special assessments, such assessments to be established and collected as hereinafter provided; and (iii) specific assessments established pursuant to the terms of the Declaration, including, but not limited to, reasonable fines imposed in accordance with the terms of this Declaration and any applicable Special benefit Assessments. 4.2.1 Al1 such assessments, together with (i) late charges, (ii) interest set by the Board, not to exceed the maximum rate permitted by law but not to exceed eighteen percent (18%) per annum), and (iii) costs, including, without limitation, reasonable RIVERWALK ELEVENTH ADDITION CCRs Page 12 attorneys' fees actually incurred, shall be a charge on the land and shall be a continuing lien upon the Lot against which each assessment is made. 4.2.2 Each such assessment, together with late charges, interest, costs, including, without limitation, reasonable attorneys' fees actually incurred, shall also be the personal obligation of the person who was the Owner of such Lot at the time the assessment fell due. Each Owner shall be personally liable for the portion of each assessment coming due while the Owner of a Lot, and each grantee of an Owner shall be jointly and severally liable for such portion thereof as may be due and payable at the time of conveyance; provided, however, the liability of a grantee for the unpaid assessments of its grantor shall not apply to any first Mortgagee taking title through foreclosure proceedings or deed in lieu of foreclosure. 4.2.3 The Association shall, within five (5) days after receiving a written request therefor and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessments on a specified Lot have been paid. Such certificate shall be binding upon the Association as of the date of issuance. 4.2.4 Annual assessments shall be levied equally on all similarly situated Lots, as determined by the Board. However, during the Development Period, the Board may establish greater or lesser assessments for Lots owned by Declarant or builders. Assessments shall be paid in such manner and on such dates as may be fixed by the Board. Unless otherwise provided by the Board, the assessment shall be paid in annual installments. 4.3 Computation. It shall be the duty of the Board to prepare a budget covering the estimated costs of operating the Association during the coming year, which may include a capital reserve in accordance with a capital budget separately prepared. The Board shall cause a proposed budget and the proposed assessments to be levied against each Lot for the following year to be mailed to each Owner within thirty (30) days after its adoption by the Board and at least thirty (30) days prior to the end of the current f iscal year. The Board shall set a date f or a special meeting of the Owners to consider ratification of the budget not less than fourteen (14) nor more than sixty (60) days after the mailing of the proposed budget. Unless at such meeting the budget is rejected by at least seventy-five percent (750) of the Total Association Vote, in person or by proxy, the budget shall be ratified, whether or not a quorum is present. Until such time as the Owners ratify a budget following the required notice RIVERWALK ELEVENTH ADDITION CCRs Page 13 as set forth above, the budget in effect for the then current year shall continue in effect. 4.4 Revised Budget. If the financial circumstances of the Association materially change during any year, the Board may prepare a revised proposed budget for the balance of the year, which proposed budget shall be mailed to each Owner within thirty (30) days after its adoption by the Board and a meeting of the Owners to consider ratification of the budget in the same manner a regular annual budget shall be scheduled as set forth in Section 4.3 above. The Board shall cause any ratified revised budget and assessments to be delivered to each member at least thirty (30) days before their effective date. 4.5 Special Assessments. In addition to the other assessments authorized herein, the Association may levy special assessments for expenses such as, but not limited to, capital improvements from time to time if approved at a meeting by two- thirds (2/3) of the Total Association Vote. Special assessments shall be paid as determined by the Board, and the Board may permit special assessments to be paid in installments extending beyond the fiscal year in which the special assessment is imposed. 4.6 Lien for Assessments. All sums assessed against any Lot pursuant to this Declaration, together with late charges, interest, costs, including, without limitation, reasonable attorneys' fees actually incurred, as provided herein, shall be secured by a lien on such Lot in favor of the Association. Such lien shall be superior to all other liens and encumbrances on such Lot, except for (a) liens for ad valorem taxes; or (b) liens for all sums unpaid on a first Mortgage or on any Mortgage to Declarant duly recorded in the records of Spokane County and all amounts advanced pursuant to such Mortgage and secured thereby in accordance with the terms of such instrument. All other Persons acquiring liens or encumbrances on any Lot after the recording of this Declaration shall be deemed to consent that such liens or encumbrances shall be inferior to future liens for assessments, as provided herein, whether or not prior consent is specifically set forth in the instruments creating such liens or encumbrances. 4.7 Effect of Nonpiyment of Assessments; Remedies of the Association. Any assessment or installment thereof delinquent for a period of more than ten (10) days shal l incur a late charge in an amount as the Board may from time to time determine. The Association shall cause a notice of delinquency to be given to any member who has not paid within ten (10) days following the due date. If the assessment is not paid within thirty (30) days, a lien, as herein provided, shall automatically attach and, in addition, the lien shall include interest set by the Board from RIVERWALK ELEVENTH ADDITION CCRs Page 14 time to time, on the principal amount due, late charges, costs of collection, including, without limitation, reasonable attorneys' fees actually incurred, and any other amounts provided or permitted by law. 4.7.1 In the event that the assessment remains unpaid after sixty (60) days, the Association may, as the Board shall determine, institute suit to collect such amounts and/or to foreclose its lien. Each Owner, by acceptance of a deed or as a party to any other type of conveyance, vests in the Association or its agents the right and power to bring all actions against such Owner personally, for the collection of such charges as a debt or to foreclose the aforesaid lien in the same manner as other liens for the improvement of real property. 4.7.2 The lien provided for in this Article shall be in favor of the Association and shall be for the benefit of all other Owners. The Association, acting on behalf of the Owners, shall have the power to bid on the Lot at any foreclosure sale or to acquire, hold, lease, mortgage, or convey the same. 4.7.3 No Owner may waive or otherwise exempt himself from liability for the assessments provided for herein, including, by way of illustration, but not limitation, abandonment of the Lot. 4.7.4 All payments shall be applied first to costs, then to late charges, then to interest and then to delinquent assessments. 4.8 Date of Commencements of Assessments. The assessments provided for herein shall commence as to a Lot subject to this Declaration on the first day of the month following conveyance of such Lot to a Person other than Declarant. The first annual assessment shall be adjusted according to the number of months then remaining in that fiscal year. 4.9 Specific Assessments. In addition to the general and special assessments outlined above, the Board shall have the power to levy such specific assessments pursuant to this Section 4.9 as, in its discretion, it shall deem appropriate. All other terms and conditions of this Article 4 relating to general and special assessments shall apply to the levy and collection of the specific assessments covered hereby and the Association shall have all powers and remedies for collection and enforcement of such assessments as are applicable to the general and special assessments set forth above. Fines levied pursuant to Section 12.1 of this Declaration and the costs of maintenance performed by the Association for which the Owner is responsible under Sections 5.3 RIVERWALK ELEVENTH ADDITION CCRs Page 15 and 5.4 of this Declaration shall be specific assessments. The Board may also specifically assess Owners for Association expenses as follows: 4.9.1 Special benefit Assessment. Notwithstanding the requirement that annual assessments shall be levied equally on all similarly situated Lots pursuant to Section 4.2.4 hereof, the Association shall allocate the costs of constructing, acquiring, or maintaining the Specific Benefit Common Areas among the Specially Benefited Lots in accordance with the benefits received by such Lots and in any manner that is reasonably fair and equitable, and shall levy and assess against such Specially Benefited Lots a Special Benefit Assessment. 4.9.2 Unequal Benefit. Expenses of the Association that benefit all Lots, but that do not provide an equal benefit to all Lots, may be assessed equitably among all Lots according to the benefit received. 4.10 Budget Deficits During Declarant Control. For so long as the Declarant has the authority to appoint the directors and officers of the Association, Declarant may: (a) advance funds to the Association sufficient to satisfy the deficit, if any, between the actual operating expenses of the Association (but specifically not including an allocation for capital reserves), and the sum of the annual, special and specific assessments collected by the Association in any fiscal year, and such advances shall be evidenced by promissory notes from the Association in favor of the Declarant; or (b) cause the Association to borrow such amount from a commercial lending institution at the then prevailing rates for such a loan in the local area of the Community. ARTICLE 5 MAINTENANCE; CONVEYANCE OF COMMON AREAS TO ASSOCIATION 5.1 Association's Responsibility. The Association shall maintain and keep in good repair the Common Areas. This maintenance shall include, without limitation, maintenance, repair, and replacement, subject to any insurance then in effect, of all landscaping and improvements situated on the Common Areas. The Association shall also maintain: (i) all entry features for the Community including the expenses for water and electricity, if any, provided to all such entry features; (ii) landscaping originally installed by the Declarant which is on Common Areas owned in fee by the Association or on property where an easement has been granted to the Association; and (iii) all facilities serving the Community not dedicated to or maintained by a public RIVERWALK ELEVENTH ADDITION CCRs Page 16 entity, including all private roadways in the plat. The foregoing maintenance shall be performed consistent with the Community-Wide Standard. 5.2 Property Not Owned by Association. The Association shall have the right, but not the obligation, to maintain other property not owned by the Association, whether within or without the Community, where the Board has determined that such maintenance would benefit all Owners. Without limitation of the foregoing, the Association may enter into a joint maintenance agreement with adjoining property owners or associations for the repair, maintenance and replacement of shared facilities or other property. 5.3 Damage Caused by Owner. In the event that the Association determines that the need for maintenance, repair, or replacement, which is the responsibility of the Association hereunder, is caused through the willful or negligent act of an Owner, or the family, guest, lessees, or invitees of any Owner, the Association may perform such maintenance, repair or replacement at such Owner's sole cost and expense, and all costs thereof shall be added to and become a part of the assessment to which such Owner is subject and shall become a lien against the Lot of such Owner. 5.4 Owner's Responsibility. Except as provided in Sections 5.1, 5.2 and 5.3 above, all maintenance of any Lot and all structures, parking areas, landscaping, and other improvements thereon together with the landscaping on any parking strip fronting any such Lot, shall be the sole responsibility of the Owner thereof, who shall provide maintenance consistent with the Community-wide standard and this Declaration. In the event that the Board of Directors of the Association determines that any Owner has failed or refused to discharge properly any of such Owner's obligations with regard to the maintenance, repair, or replacement of items for which such Owner is responsible hereunder, the Association shall, except in an emergency situation, give the Owner written notice of the Association's intent to provide such necessary maintenance, repair, or replacement at the Owner's sole cost and expense. The notice shall set forth with reasonable particularity the maintenance, repairs, or replacement deemed necessary. The Owner shall have ten (10) days after receipt of such notice within which to complete such maintenance, repair or replacement, or, in the event that such maintenance, repair, or replacement is not capable of completion within a ten (10) day period, to commence such work which shall be completed within a reasonable time. If any Owner does not comply with the provisions hereof, the Association may provide any such maintenance, repair, or replacement at such Owner's sole cost and RIVERWALK ELEVENTH ADDITION CCRs Page 17 expense, and all costs shall be added to and become a part of the assessment to which such Owner is subject and shall become a lien against the Lot. 5.5 Conveyance of Common Areas and Special Benefit Common Areas by Declarant to Association. The Declarant may transfer or convey to the Association any personal property and any improved or unimproved real property, leasehold, easement, or other property interest. Such conveyance shall be accepted by the Association, and the property shall thereafter be Common Area or Special Benefit Common Area, as designated by the Declarant, to be maintained by the Association. Declarant shall not be required to make any improvements whatsoever to property to be conveyed and accepted pursuant to this Section. 5.6 Conversion of Common Areas. A Common Area may not be converted by the Association to a Special Benefit Common Area without the consent of two-thirds of all Owners as well as two- thirds of the Owners of the Lots that would become Specially Benefited Lots and be specially assessed for such Special Benefit Common Area. A Special Benefit Common Area may not be converted to a Common Area for the use of all Owners without the consent of two-thirds of all Owners as well as two-thirds of the Owners of the Specially Benefits Lots that have benefited from such Special Benefit Common Area. ARTICLE 6 USE RESTRICTIONS AND RULES 6.1 General Rules and Regulations. This Article, beginning at Section 6.2, sets out certain use restrictions which must be complied with by all Owners and Occupants. These use restrictions may only be amended in the manner provided in Section 12.4 hereof regarding amendment of this Declaration. In addition, the Board may, from time to time, without consent of the Owners, promulgate, modify, or delete other use restrictions, and rules and regulations applicable to the Community. Such use restrictions and rules shall be distributed to all Owners and Occupants prior to the date that they are to become effective and shall thereafter be binding upon all Owners and Occupants until and unless overruled, canceled, or modified in a regular or special meeting by a majority of the Total Association Vote. 6.2 Residential Use. Except as provided in this Section, all Lots shall be used for single-family residential purposes exclusively with the exception that certain home occupations will be permitted, subject to the guidelines and rules established by RIVERWALK ELEVENTH ADDITION CCRs Page 18 the Board. Such home occupations may be limited to certain business uses, shall not create any disturbance, noise, or unsightliness, shall not unduly increase traffic flow or parking congestion, and shall not be in violation of any of the provisions of the Declaration or By-laws. Use of the Lots shall in all cases be in compliance with all applicable laws, ordinances, rules and regulations. 6.3 Building and Landscaping Requirements and Restrictions. All residences constructed within the Community by any Person other than Declarant shall be subject to Design Guidelines which may cover the minimum size, architectural style, scope of improvements, quality of design, materials, workmanship, and siting standards. Such Design Guidelines shall be established by the Architectural Review Committee for the purpose of establishing a Community of harmonious design. Without restricting or limiting the authority of the Architectural Review Committee pursuant to Section 3.5 in approving or disapproving of any specific proposal, the following restrictions shall apply to the Community in general: 6.3.1 Any residence or other structure erected or placed on any Lot shall be completed as to external appearance, including finished painting, within six (6) months after the date of commencement of construction. All front, side and rear yards landscaping must be completed within one (1) year from the date of closing of the purchase of the residence by the Owner from the Declarant or any other builder. 6.3.2 Setback requirements for all Lots shall be as provided in applicable ordinances of Spokane County. 6.3.3 All homes within the Community shall contain a garage; carports shall not be permitted. Unless otherwise approved by the Architectural Review Committee, all garages must be attached to, or incorporated in and made a part of, the residence constructed upon a Lot. In granting waivers to this requirement, the Architectural Review Committee will consider functional necessity and architectural desirability. 6.3.4 No fence, fencing-type barrier, or hedge of any kind in excess of six (6) feet high or extending into the front yard of any residence shall be erected, allowed or maintained upon any Lot, without the prior written consent of the Architectural Review Committee. Any such fence, barrier, row of trees, or hedge shall be strictly in compliance with Design guidelines established by the Architectural Review Committee, which standards may provide for limited acceptable styles and/or specifications. RIVERWALK ELEVENTH ADDITION CCRs Page 19 6.3.5 Any change to the exterior color of any improvement located on a Lot, including, without limitation, the dwelling, must be approved by the Architectural Review Committee. 6.4 Signs. No sign of any kind shall be erected by an Owner or Occupant within the Community without the prior written consent of the Architectural Review Committee. Notwithstanding the foregoing, the Board and the Declarant shall have the right to erect reasonable and appropriate signs including, without limitation, signs related to Declarant's development and marketing of residences within the Community and a builder's construction of a new home on a lot. In addition, "For Sale" and "For Rent" signs and security signs consistent with the community-wide standard and any signs required by legal proceedings may be erected upon any Lot. 6.5 Vehicles. The term "vehicles" as used herein shall include, without limitation, automobiles, vans, campers, trucks, buses, motor homes, mobile homes, boats, trailers, portable aircraft, motorcycles, snowmobiles, mini-bikes, scooters, go- carts, and any other towed or self propelled transportation type vehicle. The term "passenger vehicles" as used herein shall include passenger automobiles, vans, small trucks, motorcycles, and similar type vehicles used regularly and primarily as transportation for the Occupants of the Lot. Vehicles used for commercial and recreational purposes are not considered passenger vehicles. "Parking areas" shall refer to the number of garage parking spaces and driveway areas in front of garages. However, driveway areas shall be considered "parking areas" for passenger vehicles only and only to the extent that sufficient parking spaces are not provided in the garage for all the vehicles used by the Occupants of the Lot. 6.5.1 No vehicles other than passenger vehicles in regular use may be parked on any Lot or portion of the Community, except in parking areas on Lots, or in a screened area on a Lot, if such screened area is approved by the Architectural Review Committee. Any vehicle regularly parked in an unapproved area or for longer than twelve (12) consecutive hours shall be considered a nuisance and may be removed from the Community. 6.5.2 Passenger vehicles parked overnight or for more than eight (8) consecutive hours shall be parked in garages to the extent that garage parking areas are provided and not occupied by other vehicles used by the Occupant of the Lot. No passenger vehicles may be parked on any Lot or portion of the Community except in "parking areas" as defined in this Section. RIVERWALK ELEVENTH ADDITION CCRs Page 20 6.5.3 Any passenger vehicle which is inoperable or unlicensed and not capable of use on the public highways and which is parked on any Lot for a period of more than forty-eight (48) hours shall be treated the same as a non-passenger vehicle and shall be considered a nuisance and may be removed from the Community. 6.5.4 The Board shall adopt and maintain current rules and regulations concerning the parking and storage of vehicles on any Lot or any portion of the Community. Said rules are to protect the Community from the potentially adverse impacts of vehicles on the Community environment and to accommodate the evolving nature and use of such vehicles. Such rules and regulations may provide for exceptions and/or modifications to the conditions of this Section as determined in the sole discretion of the Board. The Board shall rule on any dispute as to the interpretation or application of this Section and all rules and regulations established by the Board with respect to vehicles. 6.6 Vehicles on Common Areas. No motorized vehicles shall be permitted on pathways or unpaved Common Areas except vehicles being used for the limited purpose of operating and maintaining utilities. 6.7 Leasing. Lots may be leased for residential purposes. All leases shall have a minimum term of at least three (3) months. All leases shall require, without limitation, that the tenant acknowledge receipt of a copy of the Declaration, By-laws, and rules and regulations of the Association. The lease shall also obligate the tenant to comply with the foregoing and shall provide that in the event of noncompliance, the Board, in addition to any other remedies available to it, may evict the tenant on behalf of the Owner and specifically assess all costs associated therewith against the Owner and the Owner's property. 6.8 Occupants Bound. All provisions of the Declaration, Bylaws, and of any rules and regulations, which govern the conduct of Owners and which provide for sanctions against Owners shall also apply to all Occupants. Fines may be levied against Owners or Occupants. If a fine is first levied against an Occupant and is not paid timely, the fine may then be levied against the Owner. 6.9 Animals. No animals, livestock or poultry of any kind shall be raised bred or kept in the Community; provided, however, that conventional household pets may be kept on a Lot subject to the following restrictions: Pets shall not be kept, bred or maintained for any commercial purposes. Owners shall be responsible for the immediate cleanup and removal of all fecal matter deposited by pets on any property other than the Lot of the RIVERWALK ELEVENTH ADDITION CCRs Page 21 owner of the pet. Pet s shal l be conf ined on the Owner' s Lot in a dog run, or otherwise, unless on a leash and accompanied by a responsible person. No domestic pet may be kept if it is a source of annoyance or a nuisance. The Board shall have the authority to determine whether a particular pet is a nuisance or a source of annoyance, and such determination shall be final and conclusive. Pets shall be attended at all times and shall be registered, licensed and inoculated from time to time as required by law. 6.10 Nuisance. Each Owner and Occupant shall prevent the development of any unclean, unhealthy, unsightly, or unkempt condition on his or her Lot. No Lot shall be used, in whole or in part, for the storage of any property or thing that will cause such Lot to appear to be in an unclean or untidy condition; nor shall any substance, thing, or material be kept that will emit foul or obnoxious odors or that will cause any noise or other condition that will or might disturb the peace, quiet, safety, comfort, or serenity of the occupants of surrounding property. No illegal, illicit, noxious or offensive activity shall be carried on within the Community, nor shall anything be done tending to cause embarrassment, discomfort, annoyance, or nuisance to any Person using any property within the Community. Without limiting the generality of the foregoing, no speaker, horn, whistle, siren, bell, amplifier or other sound device, except such devices as may be used exclusively for security purposes, shall be located, installed or maintained upon the exterior of any Lot unless required by law or unless specifically approved by the Architectural Review Committee. 6.11 Unsightly or Unkempt Conditions. The pursuit of hobbies or other activities, including specifically, without limiting the generality of the foregoing, the assembly of and disassembly of motor vehicles and other mechanical devices, which might tend to cause disorderly, unsightly, or unkempt conditions, shall not be undertaken outside of homes or garages. Garage doors shall be kept closed at all times unless they are in use. In addition, the storage of equipment, machinery, construction supplies or any similar material on a Lot outside of the home and garage constructed thereon is strictly prohibited except as required during the remodeling or refurbishing of improvements on such Lot and then for not more than sixty (60) days. 6.12 Antennas. No television or radio antenna, tower, satellite dish, or exterior antenna of any kind shall be placed, allowed, or maintained upon any Lot or any portion of the Community without the prior written consent of the Architectural Review Committee. Each Owner and Occupant acknowledges that this provision benefits all Owners and Occupants and each Owner and Occupant agrees to comply with this provision despite the fact RIVERWALK ELEVENTH ADDITION CCRs Page 22 that the erection of an outdoor antenna or similar device would be the most cost-effective way to transmit or receive the signals sought to be transmitted or received. 6.13 Tree Removal. No trees that are more than six (6) inches in diameter at a point three (3) feet above the ground shall be removed without the prior written consent of the Architectural Review Committee. Notwithstanding all of the above, no consent or approval is required for the removal by an Owner of any trees, regardless of the diameter, that are located within ten (10) feet of the owner's residence. 6.14 Drainage. Catch basins and drainage areas are for the purpose of natural flow of water only. No obstructions or debris shall be placed in these areas. No Owner or Occupant may obstruct or re-channel the drainage flows after location and installation of drainage swales, storm sewers or storm drains. Declarant hereby reserves for the benefit of Declarant and the Association and their respective successors and assigns a perpetual easement across all Common Areas and Lots for the purpose of maintaining or alterin - - - 6.15 Sight Distance at Intersections. All property located at street intersections shall be landscaped so as to permit safe sight across the street corners. No fence, wall, hedge or shrub planting shall be placed or permitted to remain where it would create a traffic or sight problem as determined by the Architectural Review Committee in its sole discretion. 6.16 Garbage Cans, Woodpiles, Etc. All garbage cans, woodpiles, air conditioning compressors, machinery, equipment and other similar items related to the operation of the residence shall be located or screened so as to be concealed from view from the street abutting the Lot on which such items are located. Al1 rubbish, trash, and garbage shall be regularly removed and shall not be allowed to accumulate. Trash, garbage, debris, or other waste matter of any kind may not be burned within the Community. This Section 6.16 is subject to all rights granted and reserved pursuant to Section 11.6 below. 6.17 Subdivision of Lot. No Lot shall be subdivided or its boundary lines changed except with the prior written approval of the Architectural Review Committee. Declarant, however, hereby expressly reserves the right to re-plat any Lot or Lots owned by Declarant. Any such division, boundary line change, or re-platting RIVERWALK ELEVENTH ADDITION CCRs Page 23 ► shall not be in violation of the applicable subdivision and zoning regulations. 6.18 Guns. The use of firearms in the Community is prohibited. The terms "firearms" includes without limitation BB guns, pellet guns, and firearms of all types. 6.19 Utilities. 6.19.1 Except as may be permitted by the Architectural Review Committee, no overhead utility lines, including lines for cable television, shall be permitted within the Community, except for temporary lines as required during construction. 6.19.2 The use of private wells and water systems within the Community is prohibited. In addition, Owners are subject to and shall comply with certain conditions of approval of Spokane County with respect to sewer and stormwater control facilities as set forth on the applicable plat of the phase in which such Owner's Lot is located. 6.20 Lighting. Except as may be permitted by the Architectural Review Committee, exterior lighting shall not be permitted except for (i) two (2) decorative post lights, (ii) street lights in conformity with an established street lighting program for the Community; (iii) seasonal decorative lights; or (iv) front house illumination of model homes. Other decorative yard lighting shall be permissible subject to prior approval of the Architectural Review Committee. 6.21 Artificial Vegetation, Exterior Sculpture, and Similar Items. No artificial vegetation, exterior sculpture, fountains, flags, and similar items shall be permitted in the front yard of any Lot unless approved by the Architectural Review Committee. 6.22 Swimming Pools. Swimming pools and hot tubs shall be constructed, erected or maintained upon any Lot only with the prior written consent of the Architectural Review Committee. The Architectural Review Committee may disallow any swimming pool or hot tubs which the Committee determines will be contrary to the best interests of the Community. The Architectural Review Committee shall have the authority to establish rules and regulations governing the use of any such facilities. Considerations shall include, but not be limited to, the visual and audio intrusion such a facility and associated activities would have on surrounding residences. RIVERWALK ELEVENTH ADDITION CCRs Page 24 6.23 Mailboxes. All mailboxes located on Lots shall be of a style approved by the Architectural Review Committee. Mailboxes shall be attached only to stands provided and maintained by the Association in designated locations. 6.24 Clotheslines. No exterior clotheslines of any type shall be permitted upon any Lot. 6.25 Exterior Security Devices. No exterior security devices, including without limitation, window bars, shall be permitted on any residence of Lot. Signs placed on the Lot or the exterior of the residence stating that such residence is protected by a security system are permissible. 6.26 Construction and Sale Period. Until Declarant's right unilaterally to subject property to this Declaration as provided in Article 9 terminates and thereafter so long as Declarant owns any property in the Community for development and/or sale, the restrictions set forth in this Article 6, or hereinabove, shall not be applied or interpreted so as to prevent, hinder or interfere with development, construction and sales activities of Declarant or any builder or developer approved by Declarant. ARTICLE 7 INSURANCE AND CASUALTY LOSSES 7.1 Insurance Coverage. The Board of Directors or the duly authorized agent of the Association shall have the authority to and shall obtain or cause to be obtained insurance as follows: 7.1.1 The Board shall obtain insurance on any and all insurable buildings and, where the Board deems there to be a reasonable risk, other substantial structures whether or not such buildings or structures are located on the Common Areas and which the Association is obligated to maintain. Insurance on buildings shall provide, at minimum, fire and extended coverage, including vandalism and malicious mischief, and shall be in an amount sufficient to cover the full replacement cost of any repair or reconstruction in the event of damage or destruction from any such hazard. Insurance on other substantial structures shall cover those risks deemed advisable by the Board and shall be in such amounts as are deemed advisable by the Board. The Board may insure other types of improvements, including entry monuments, landscaping, and the like, as it deems advisable. With respect to such other improvements, the Board shall determine the risks to be insured and the amounts of insurance to be carried. RIVERWALK ELEVENTH ADDITION CCRs Page 25 7.1.2 The Board shall obtain a public liability policy applicable to the Common Areas covering the Association and its members for all damage or injury caused by the negligence of the Association or any of its members or agents, and, if reasonably available, directors' and officers' liability insurance. The public liability policy shall have a combined single limit of at least one Million Dollars ($1,000,000.00). 7.1.3 The Board is hereby authorized to contract with or otherwise arrange to obtain the insurance coverage required hereunder through the Declarant and to reimburse Declarant for the cost thereof, and Declarant shall be authorized, but not obligated, to purchase such insurance coverage for the benefit of the Association and the Owners upon Declarant and the Association agreeing upon the terms and conditions applicable to reimbursement by the Association for costs incurred by Declarant in obtaining such coverage. Notwithstanding anything contained in this Declaration to the contrary, the Board shall not be required to comply with the provisions of this Article if the Board has contracted for or otherwise arranged to obtain the required insurance coverage through the Declarant. 7.1.4 Premiums for all insurance shall be common expenses of the Association. The policies may contain a reasonable deductible, and the amount thereof shall not be subtracted from the face amount of the policy in determining whether the insurance at least equals the full replacement cost. 7.1.5 In the event insurance premiums in connection with the insurance required by this Article 7 become prohibitive in the judgment of the Board, the Board may with approval of seventy-five percent (75°s) of the total association Vote reduce the amount of the required insurance, self-insure itself, or discontinue the insurance all together. 7.2 Policy Requirements. All such insurance coverage obtained by the Board of Directors shall be written in the name of the Association, as trustee for the respective benefited parties. Such insurance shall be governed by the provisions hereinafter set forth: 7.2.1 All policies shall be written with a company authorized to do business in Washington. 7.2.2 Exclusive authority to adjust losses under policies obtained by the Association shall be vested in the Association's Board of Directors; provided, however, no Mortgagee having an interest in such losses may be prohibited from RIVERWALK ELEVENTH ADDITION CCRs Page 26 participating in the settlement negotiations, if any, related thereto. 7.2.3 In no event shall the insurance coverage obtained and maintained by the Association's Board of Directors hereunder be brought into contribution with insurance purchased by individual Owners, occupants, or their Mortgagees, and the insurance carried by the Association shall be primary. 7.2.4 All casualty insurance policies shall have an inflation guard endorsement and an agreed amount endorsement if these are reasonably available and all insurance policies shall be reviewed annually by one or more qualified persons, at least one of whom must be in the real estate industry and familiar with construction in Spokane County. 7.3 Other Insurance. In addition to the other insurance required by this Article 7, the Board shall obtain worker's compensation insurance, if and to the extent necessary to satisfy the requirements of applicable laws. The Board may, in its discretion, obtain a fidelity bond or bonds on directors, officers, employees, and other persons handling or responsible for the Association's funds, if reasonably available. The Association shall obtain additional insurance coverage, if and to the extent necessary, to satisfy the requirements of the Federal Home Loan Mortgage Corporation, the Federal National Mortgage Association, the U.S. Department of Veterans Affairs, or the U.S. department of Housing and urban Development. 7.4 Individual Insurance. By virtue of taking title to a Lot subject to the terms of this Declaration, each Owner acknowledges that the Association has no obligation to provide any insurance for any portion of individual Lots, and each Owner covenants and agrees with all other Owners and with the Association that each Owner shall at a minimum, carry fire and extended coverage casualty insurance on the Lot and all structures constructed thereon in an amount sufficient to cover the full replacement costs of any repair or reconstruction in the event of damage or destruction from any such hazard. 7.5 Damages and Destruction Insured by Association. 7.5.1 Immediately after damage or destruction by fire or other casualty to all or any portion of any improvement covered by insurance written in the name of the Association, the Board of Directors or its duly authorized agent shall proceed with the filing and adjustment of all claims arising under such insurance and obtain reliable and detailed estimates of the cost of repair or reconstruction of the damaged or destroyed property. RIVERWALK ELEVENTH ADDITION CCRs Page 27 Repair or reconstruction, as used in this Section, means repairing or restoring the property to substantially the same condition and location that existed prior to the fire or other casualty, allowing for any changes or improvements necessitated by changes in applicable building codes. The Board of Directors shall have the enforcement powers specified in Section 7.2 of this Declaration necessary to enforce this provision. 7.5.2 Any damage or destruction to property covered by insurance written in the name of the Association shall be repaired or reconstructed unless, within sixty (60) days after the casualty, at least seventy-five percent (75%) of the Total Association Vote otherwise agree. If -for any reason either the amount of the insurance proceeds to be paid as a result of such damage or destruction, or reliable and detailed estimates of the cost of repair or reconstruction, or both, are not made available to the Association within such period, then the period shall be extended until such information shall be made available; provided, however, such extension shall not exceed sixty (60) days. No Mortgagee shall have the right to participate in the determination of whether damage or destruction shall be repaired or reconstructed. 7.5.3 If the damage or destruction for which the insurance proceeds are paid is to be repaired or reconstructed and such proceeds are not sufficient to defray the cost thereof, the Board of Directors shall, without the necessity of a vote of the Association's members, levy a special assessment against all Owners in proportion to the number of Lots owned by such Owners. Additional assessments may be made in like manner at any time during or following the completion of any repair or reconstruction. If the funds available from insurance exceed the costs of repair or reconstruction or if the improvements are not repaired or reconstructed, such excess shall be deposited to the benefit of the Association. 7.5.4 In the event it should be determined by the Association in the manner described above that the damage or destruction shall not be repaired or reconstructed and no alternative improvements are authorized, then and in that event the property shall be restored to its natural state and maintained as an undeveloped portion of the Community by~the Association in a neat and attractive condition. 7.6 Damage and Destruction Insured by Owners. The damage or destruction by fire or other casualty to all or any portion of any improvement on a Lot shall be repaired by the Owner thereof within seventy-five (75) days after such damage or destruction or, whether repairs cannot be completed within RIVERWALK ELEVENTH ADDITION CCRs Page 28 seventy-five (75) days, they shall be commenced within such period and shall be completed within a reasonable time thereafter. Alternatively, the Owner may elect to demolish all improvements on the Lot and remove all debris therefrom within seventy-five (75) days after such damage or destruction. In the event of non- compliance with this provision, the Board of Directors shall have all enforcement powers specified herein. 7.7 Insurance Deductible. The deductible for any casualty insurance policy carried by the Association shall, in the event of damage or destruction, be allocated among the Persons who are responsible hereunder, or be a common expense of the Association. ARTICLE 8 CONDEMNATION In the event of a taking by eminent domain of any portion of the Common Areas on which improvements have been constructed, then, unless within sixty (60) days after such taking, at least seventy-five percent (75°s) of the Total Association Vote shall otherwise agree, the Association shall restore or replace such improvements so taken on the remaining land included in the Common Areas to the extent lands are available therefor. The provisions of Section 7.5, above, applicable to Common Areas improvements damages, shall govern replacement or restoration and the actions to be taken in the event that the improvements are not restored or replaced. ARTICLE 9 ANNEXATION OF ADDITIONAL PROPERTY PERMITTED - MERGER WITH RIVERWALK OWNERS ASSOCIATION - MANDATORY 9.1 ANNEXATION. The rights reserved unto Declarant and its Affiliate to subject additional land to the Declaration shall not impose any obligation upon Declarant or its Affiliate to subject any of such additional land to this Declaration or to the jurisdiction of the Association. If such additional land is not subjected to this Declaration, Declarant's or its Affiliate's reserved rights shall not impose any obligation on Declarant or its Affiliate to impose any covenants and restrictions similar to those contained herein upon such additional land nor shall such rights in any manner limit or restrict the use to which such additional land may be put by Declarant, its Affiliate, or any subsequent owner thereof, whether such uses are consistent with the covenants and restrictions imposed hereby or not. RIVERWALK ELEVENTH ADDITION CCRs Page 29 9.2 Other Annexation. Subject to the consent of the owner(s) thereof and the consent of the Declarant, or its Affiliate (so long as the Declarant owns any property for development and/or sale in the Community or has the right to unilaterally annex additional property to the Community), upon the affirmative vote or written consent, or any combination thereof, of seventy-five percent (750) of the Total Association Vote, the Association may annex real property to the provisions of this Declaration and the jurisdiction of the Association by filing for record a Supplementary Declaration describing the property being annexed. Any such Supplementary Declaration shall be signed by the President of the Association whose signature shall be attested by the Secretary of the Association, and any such annexation shall be effective only upon the filing for record of such Supplementary declaration, unless a later effective date is provided therein. 9.3 Merger With Existing Riverwalk Owners' Association - Mandatory. Notwithstanding any other provision to the contrary herein, after the end of the Development Period, as defined hereinabove, the Board of Directors of Riverwalk Eleventh Homeowner's Association, upon a notification of requisite vote by the Board of the existing Riverwalk Owners' Association, shall cause the Riverwalk Eleventh Homeowners' Association to merge with said other existing homeowners' association, and then cause the Riverwalk Eleventh Homeowners' Association to be terminated. Thereafter, all lots in Riverwalk Eleventh Addition shall be under the direction and control of said association into which the Riverwalk Eleventh Homeowners' Association is merged for application of this Declaration of Covenants, Conditions and Restrictions of Riverwalk Eleventh Addition to the lots covered thereby. ARTICLE 10 MORTGAGEE PROVISIONS The following provisions are for the benefit of holders of first Mortgages on Lots in the Community. The provisions of this Article apply to both this Declaration and to the Bylaws, notwithstanding any other provisions contained therein. 10.1 Notice of Action. An institutional holder, insurer, or guarantor of a first Mortgage, who provides a written request to the Association (such request to state the name and address of such holder, insurer, or guarantor and the Lot number, therefore becoming an "eligible holder"), will be entitled to timely written report as to the current status of said Lot with respect to the following: RIVERWALK ELEVENTH ADDITION CCRs Page 30 10.1.1 Any condemnation loss or any casualty loss which affects a material portion of the Community or which affects any Lot on which there is a first Mortgage held, insured, or guaranteed by such eligible holder. 10.1.2 Any delinquency in the payment of assessments or charges owed by an Owner of a Lot subject to the Mortgage of such eligible holder. 10.2 No Priority. No provision of this Declaration or the Bylaws gives or shall be construed as giving any Owner or other party priority over any rights of the first Mortgagee of any Lot in the case of distribution to such Owner of insurance proceeds or condemnation awards for losses to or a taking of the Common Areas. 10.3 Notice to Association. As long as the Declarant has the right to appoint and remove the Directors of the Association and so long as the project is approved by the U.S. Department of Housing and Urban Development ("HUD") for insuring or the U.S. Department of Veterans Affairs ("VA") for guaranteeing any Mortgage in the Community the following actions shall require the prior approval of the VA and/or HUD as applicable: dedication of Common Areas to any public entity; mergers and consolidations; dissolution of the Association, and material amendment of the Declaration, By-laws or Articles of Incorporation. 10.4 Applicability of Article 10. Nothing contained in this Article shall be construed to reduce the percentage vote that must otherwise be obtained under the Declaration, By-laws, or Washington law for any of the acts set out in this Article. 10.5 Amendments by Board. Should the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, HUD or VA subsequently delete any of their respective requirements which necessitate the provisions of this Article or make any such requirements less stringent, the Board, without approval of the Owners, may cause an amendment to this Article to be recorded to reflect such changes. ARTICLE 11 EASEMENTS 11.1 Easements for Use and Enjoxment. 11.1.1 Every Owner of a Lot shall have a right and easement of ingress and egress, use and enjoyment in and to the Common Areas which shall be appurtenant to and shall pass with the title to each Lot, subject to the following provisions: RIVERWALK ELEVENTH ADDITION CCRs Page 31 11.1.1.1 the right of the Association to charge reasonable fees for the use and maintenance of any portion of the Common Areas, to limit the number of guests of Lot Owners and tenants who may use the Common Areas, and to provide for the exclusive use and enjoyment of specific portions thereof at certain designated times by an Owner, his family, tenants, guests, and invitees, Provided However, any portion of the Common Areas comprising the private roads as shown on the final plat shall not be restricted as to other platted areas of the Riverwalk subdivision that are subjected to a reciprocal easement allowing rights of said subdivision Plat occupants to travel over said private roads; 11.1.1.2 the right of the association to suspend the voting rights of an Owner and the right of an Owner to use certain Common Areas for any period during which any assessment against such Owner's Lot remains unpaid; 11.1.1.3 the right of the Association to borrow money for the purpose of improving the Common Areas, or any portion thereof, or for construction, repairing or improving any facilities located or to be located thereon, and to give as security for the payment of any such loan a Mortgage conveying all or any portion of the Common Areas; provided, however, the lien and encumbrance of any such Mortgage given by the Association shall be subject and subordinate to any rights, interest, options, easements and privileges herein reserved or established for the benefit of Declarant, or any Lot or Lot Owner, or the holder of any Mortgage, irrespective of when executed, given by Declarant or any Lot Owner encumbering any Lot or other property located with in the Community; and 11.1.1.4 the right of the Association to dedicate or transfer all or any portion of the Common Area private roads only to the county or other governing municipality so as to make said roadways public and to obtain repair and maintenance of said roads by said municipality and subject to such other conditions as may be agreed to by the members of the Association. No such dedication or transfer shall be effective unless an instrument agreeing to such dedication or transfer has been approved by the affirmative vote of at least seventy-five percent (750) of the Total Association Vote; provided, however, that during the Development RIVERWALK ELEVENTH ADDITION CCRs Page 32 Period, Declarant may, on its sole signature, dedicate or transfer portions of the Common Areas, so long as such transfer or dedication does not materially and adversely affect the Association or any Lot Owner. Not withstanding the above, the private roadways as shown on the plat of Riverwalk Eleventh are for the purpose of ingress and egress for all of the lots in Riverwalk Eleventh and nothing shall be done by the Association or the Declarant that shall eliminate the rights of any lot within the Plat of Riverwalk Eleventh from using said roadways for ingress and egress to their lot. No other area of the Common Area shall be sold, conveyed or transferred in any manner except as stated above. It is the intent of the Declarant that the Common Area shall be considered as servient estates for taxing purposes to the property described as lots within the Plat of Riverwalk Eleventh. THE OBLIGATION TO CONSTRUCT, MAINTAIN AND REPAIR THE COMMON AREA, INCLUDING THE PRIVATE ROADWAYS, SHALL NOT BE THE RESPONSIBILITY OF SPOKANE COZJNTY AND SAID COSTS SHALL BE SHARED PRORATA BY ALL OF THE LOTS IN THE PLAT OF RIVERWALK ELEVENTH, EQUALLY. NOTWITHSTANDING THE ABOVE, SPOKANE COTJN'rY IS HEREBY GIVEN RIGHTS OF EASEMENT ON, OVER AND ACROSS THE CONIlMON AREA PRIVATE ROADWAYS AND OTHER CONIlKON AREAS AND DRAINAGE AREAS FOR ALL NORMAL AND CUSTOMARY COUNTY PURPOSES, BUT NOT TO THE EXTENT OF RESTRICTING THE RIGHTS OF INGRESS P,ND EGRESS TO EACH OF THE LOTS WITH IN THE PLAT. 11.1.1.5 the right of the Association to designate certain Special Benefit Common Areas for the exclusive benefit of certain Specially Benefited Lots and to exclude the Owners of other Lots from the use of such Special Benefit Common Areas. 11.1. 2 Any Lot Owner may delegate such Owner' s right of use and enjoyment in and to the Common Areas and facilities located thereon to the members of such Owner's family and to such Owner's tenants and guests and shall be deemed to have made a delegation of all such rights to the Occupants of such Owner's Lot, if leased. 11.2 Easement for Utilities. There is hereby reserved to the Declarant, the Association and any utility providers designated by either the Declarant or the Association blanket easements upon, across, above and under all property within the Community for access, ingress, egress, installation, repairing, replacing, and maintaining all utilities serving the Community or RIVERWALK ELEVENTH ADDITION CCRs Page 33 any portion thereof, including, but not limited to, gas, water, sanitary sewer, telephone and electricity. It shall be expressly permissible for the Declarant, the Association, or the designee of either, as the case may be, to install, repair, replace, and maintain or to authorize the installation, repairing, replacing, and maintaining of such wires, conduits, cables and other equipment related to the providing of any such utility or service. This easement shall be utilized so as to not unreasonably interfere with improvements constructed upon any Lot and the building envelope for any unimproved Lot. Should any party furnishing any such utility or service request a specific license or easement by separate recordable document, the Board shall have the right to grant such easement. 11.3 Easement for Entry. In addition to the right of the Board to exercise self-help as provided in Section 12.2 hereof, the Board shall have the right, but shall not be obligated, to enter upon any property within the Community for emergency, security, and safety reasons, which right may be exercised by police officers, fire fighters, ambulance personnel, and similar emergency personnel in the performance of their respective duties. Except in an emergency situation, entry shall only be during reasonable hours and after notice to the Owner, and the entering party shall be responsible for any damage caused. 11.4 Easement for Maintenance. Declarant hereby expressly reserves a perpetual easement for the benefit of the Association across such portions of the Community, determined in the sole discretion of the Association, as are necessary to allow for the maintenance required under Article 5. Such maintenance shall be performed with a minimum of interference to the quiet enjoyment of Owner's property, reasonable steps shall be taken to protect such property, and damage shall be repaired by the Person causing the damage at its sole expense. 11.5 Easement for Entry Features. There is hereby reserved to the Declarant and the Association an easement for ingress, egress, installation, construction, landscaping and maintenance of entry features and similar street-scapes for the Community, if any, as more fully described on the recorded subdivision plats for the Community or any other recorded instrument, easement or conveyance. The easement and right herein reserved shall include the right to cut, remove, and plant trees, shrubbery, flowers and other vegetation around such entry features and the right to grade the land under and around such entry features. 11.6 Construction and Sale Period Easement. Notwithstanding any provisions contained in this Declaration, the By-laws, Articles of Incorporation, rules and regulations, design RIVERWALK ELEVENTH ADDITION CCRs Page 34 guidelines, and any amendments thereto, until Declarant's right unilaterally to subject property to this Declaration as provided in Article 9 terminates and thereafter so long as Declarant owns any property in the Community for development and/or sale, Declarant reserves an easement across all Community property for Declarant and any builder or developer approved by Declarant to maintain and carry on, upon such portion of the Community as Declarant may reasonably deem necessary, such facilities and activities as in the sole opinion of Declarant may be required, convenient, or incidental to activities related to property described on Exhibit A to this Declaration, including, but without limitation; the right of access, ingress and egress for vehicular and pedestrian traffic and construction activities over, under, on or in the Community, including, without limitation any Lot; the right to tie into any portion of the Community with driveways, parking areas and walkways; the right to tie into and/or otherwise connect and use (without a tap-on or any other fee for so doing), replace, relocate, maintain and repair any device which provides utility or similar services including, without limitation, electrical, telephone, natural gas, water, sewer and drainage lines and facilities constructed or installed in, on, under and/or over the Community; the right to carry on sales and promotional activities in the Community; and the right to construct and operate business offices, signs, construction trailers, model residences, and sales offices. Declarant and any such builder or developer may use residences, offices, or other buildings owned or leased by Declarant or such builder or developer as model residences and sales offices. Rights exercised pursuant to such reserved easement shall be exercised with a minimum of interf erence to the quiet enj oyment of af f ected property, reasonable steps shall be taken to protect such property, and damage shall be repaired by the Person causing the damage at its sole expense. During the Development Period, this Section shall not be amended without the Declarant's express written consent. ARTICLE 12 GENERAL PROVISIONS 12.1 Enforcement. Each Owner and Occupant shall comply strictly with the Association's By-laws, rules and regulations, the use restrictions, as they may be lawfully amended or modified from time to time, and with the covenants, conditions, and restrictions set forth in this Declaration and in the deed to such Owner's Lot, if any. After notice and an opportunity to be heard by the Board of Directors or by a representative designated by the Board, and in accordance with rules and regulations adopted by the Board, the Board may levy reasonable fines for violations of the above (in addition to any late charges that may be assessed in RIVERWALK ELEVENTH ADDITION CCRs Page 35 connection with the late payment of assessments or other Association charges) in accordance with a previously established schedule adopted by the Board and furnished to the Owners, which fines shall be collected as provided herein for the collection of assessments. Failure to comply with this Declaration, the By-Laws or the rules and regulations shall be grounds for an action to this Declaration, the By-Laws or the rules and regulations shall be grounds for an action to recover sums due for damages or injunctive relief, or both, maintainable by the Board of Directors, on behalf of the Association, or, in a proper case, by an aggrieved Owner. Failure by the Association or any Owner to enforce any of the foregoing shall in no event be deemed a waiver of the right to do so thereafter. The Board shall have the right to record a notice of violation of the Declaration, By-Laws, rules and regulations, or design guidelines and to assess the cost of recording and removing such notice against the Owner who is responsible (or whose Occupants are responsible) for violating the foregoing. 12.2 Self-Help. In addition to any other remedies provided for herein, the Association or its duly authorized agent shall have the power to enter upon any Lot or any other port ion of the Community to abate or remove, any structure, thing or condition which violates this declaration, the By-laws, or the association's rules and regulations. Unless an emergency situation exists, the board shall given the violating owner ten (10) days' written notice of its intent to exercise self-help. Notwithstanding the foregoing, vehicles may be towed after reasonable notice. Al1 costs of self-help, including, without limitation, reasonable attorneys' fees actually incurred, shall be assessed against the violating Owner and shall be collected as provided for herein for the collection of assessments. 12.3 Duration. This Declaration shall run with and bind the Community, and shall inure to the benefit of and shall be enforceable by the Association or any Owner, their respective legal representatives, heirs, successors, and assigns, perpetually to the extent provided by law; provided, however, so long as and to the extent that Tnlashington law limits the period during which covenants restricting land to certain uses may run, any provisions of this Declaration affected thereby shall run with and bind the land so long as permitted by such law, after which time, any such provision shall be (a) automatically extended (to the extent allowed by applicable law) for successive periods of ten (10) years, unless a written instrument reflecting disapproval signed by the then Owners of at least two-thirds (2/3) of the Lots and the Declarant (so long as the Declarant owns any property for development and/or sale in the Community) has been recorded within the year immediately preceding the beginning of a ten (10) year RIVERWALK ELEVENTH ADDITION CCRs Page 36 renewal period agreeing to change such provisions, in whole or in part, or to terminate the same, in which case this Declaration shall be modified or terminated to the extent specified therein; or (b) extended as otherwise provided by law. Every purchaser or grantee of any interest (including, without limitation, a security interest) in any real property subject to this Declaration, by acceptance of a deed or other conveyance therefor, thereby agrees that such provisions of this Declaration may be extended and renewed as provided in this Section. 12.4 Amendments. 12.4.1 This Declaration may be amended unilaterally at any time and from time to time by Declarant (i) if such amendment is necessary to bring any provision hereof into compliance with any applicable governmental statute, rule, or regulation or judicial determination which shall be in conflict therewith; (ii) if such amendment is necessary to enable any title insurance company to issue title insurance coverage with respect to the Lots subject to this Declaration; (iii) if such amendment is required by an institutional or governmental lender or purchaser of mortgage loans, including, for example, the Federal National Mortgage Association or Federal Home Loan Mortgage Corporation, to enable such lender or purchaser to make or purchase Mortgage loans on the Lots subject to this Declaration; or (iv) if such amendment is necessary to enable any governmental agency or private insurance company to insure or guarantee Mortgage loans on the Lots subject to this Declaration; provided, however, any such amendment shall not adversely affect the title to any Owner's Lot unless any such Lot Owner shall consent thereto in writing. Further, so long as Declarant owns any property for development and/or sale in the Community or has the right unilaterally to subject additional property to this Declaration for any other purpose; provided, however, any such amendment shall not materially adversely affect the substantive rights of any Lot Owners hereunder, nor shall it adversely affect title to any Lot without the consent of the affected Lot Owner. 12.4.2 This Declaration may also be amended upon the affirmative vote or written consent, or any combination thereof, of the Owners of at least seventy-five percent (75%) of the total association vote and the consent of Declarant (so long as the Declarant owns any property for development and/or sale in the Community or has the right to unilaterally annex additional property to the Community). Amendments to this Declaration shall become effective upon recordation, unless a later effective date is specified therein. RIVERWALK ELEVENTH ADDITION CCRs Page 37 12.5 Partition. The Common Areas shall remain undivided, and no Owner nor any other Person shall bring any action for partition or division of the whole or any part thereof. 12.6 Gender and Grammar. The singular, wherever used herein, shall be construed to mean the plural, when applicable, and the use of the masculine pronoun shall include the neuter and feminine. 12.7 Severability. Whenever possible, each provision of this Declaration shall be interpreted in such manner as to be effective and valid, but if the application of any provision of this Declaration to any person or to any property shall be prohibited or held invalid, such prohibition or invalidity shall not affect any other provision or the application of any provision which can be given effect without the invalid provision or application, and, to this end, the provisions of this Declaration are declared to be severable. 12.8 Captions. The captions of each Article and Section hereof, as to the contents of each Article and Section, are inserted only for convenience and are in no way to be construed as defining, limiting, extending, or otherwise modifying or adding to the particular Article or Section to which they refer. 12.9 Perpetuities. If any of the covenants, conditions, restrictions, or other provisions of this Declaration shall be unlawful, void, or voidable for violation of the rule against perpetuities, then such provisions shall continue only until twenty-one (21) years after the death of the last survivor of the now-living descendants of the individuals signing this Declaration. 12.10 Indemnification. To the fullest extent allowed by applicable Washington law, the Association shall indemnify every officer and director against any and all expenses, including, without limitation, attorney's fees, imposed upon or reasonably incurred by any officer or director in connection with any action, suit, or other proceeding (including settlement of any suit or proceeding, if approved by the then Board of Directors) to which such officer or director may be a party by reason of being or having been an officer or director. The officers and directors shall not be liable for any mistake of judgment, negligent or otherwise, except for their own individual willful misfeasance, malfeasance, misconduct, or bad faith. The officers and directors shall have no personal liability with respect to any contract or other commitment made by them, in good faith, on behalf of the Association (except to the extent that such officers or directors may also be members of the Association), and the Association shall RIVERWALK ELEVENTH ADDITION CCRs Page 38 indemnify and forever hold each such officer director free and harmless against any and all liability to others on account of any such contract or commitment. Any right to indemnification provided for herein shall not be exclusive of any other rights to which any officer or director, or former officer or director, may be entitled. The Association may, at the discretion of the Board, maintain adequate general liability and officers' and directors' liability insurance to fund this obligation, if such coverage is reasonable available. 12.11 Books and Records. This Declaration, the By-laws, copies of rules and use restrictions, membership register, books of account, and minutes of ineetings of the members of the Board and of committees shall be made available pursuant to reasonable procedures established by the Board for inspection and copying by any member of the insurers, or guarantors of any first Mortgage at any reasonable time and for a purpose reasonably related to such Person' s interest as a member or holder, insurer, or guarantor of a first Mortgage at the office of the Association or at such other reasonable place as the Board shall prescribe. 12.12 Financial Review. At least annually, the Board of Directors shall prepare, or cause to be prepared, a financial statement of the Association. If the annual assessments of the Association equal or exceed fifty thousand dollars, the financial statements shall be audited at least annually by an independent certified public accountant unless the audit requirement is waived for a particular year by the affirmative vote of sixty-seven percent (67%) of the votes cast by Owners, whether in person or by proxy, at a meeting of the Association at which a quorum is present. Upon written request of any institutional holder of a first Mortgage and upon payment of all necessary costs, such holder shall be entitled to receive a copy of audited financial statements within ninety (90) days of the date of the request. 12.13 Notice of Sale, Lease or Acquisition. In the event an Owner sells or leases such Owner's Lot, the Owner shall give to the Association, in writing, prior to the effective date of such sale or lease, the name of the purchaser or lessee of the Lot and such other information as the Board may reasonably require. Upon acquisition of a Lot each new Owner shall give the Association, in writing, the name and mailing address of the Owner and such other information as the Board may reasonably require. RIVERWALK ELEVENTH ADDITION CCRs Page 39 12.14 Agreements. Subject to the prior approval of Declarant (so long as Declarant owns any property for development and/or sale in the Community), all agreements and determinations, including settlement agreements regarding litigation involving the Association, lawfully authorized by the Board of Directors shall be binding upon all Owners, their heirs, legal representatives, successors, assigns, and others having an interest in the Community or the privilege of possession and enjoyment of any part of the Community. 12.15 Implied Rights. The Association may exercise any right or privilege given to it expressly by this Declaration, the By-laws, the Articles of Incorporation, any use restriction or rule, and every other right or privilege reasonably to be implied from the existence of any right or privilege given to it therein or reasonably necessary to effectuate any such right or privilege. 12.16 Variances. Notwithstanding anything to the contrary contained herein, the Board of Directors or its designee shall be authorized to grant individual variances from any of the provisions of this Declaration, the By-laws and any rule, regulation or use restriction established pursuant thereto if it determines that waiver of application or enforcement of the provision in a particular case would not be inconsistent with the overall scheme of development for the Community. 12.17 Litigation. No judicial or administrative proceeding shall be commenced or prosecuted by the Association unless approved by at least seventy-five percent (75%) of the Total Association Vote. This Section shall not apply, however, to (i) actions brought by the Association to enforce the provisions of this Declaration (including, without limitation, the foreclosure of liens), (ii) the imposition and collection of assessments as provided in Article 4 hereof, (iii) proceedings involving challenges to ad valorem taxation, or (iv) counterclaims brought by the Association in proceedings instituted against it. This Section shall not be amended unless such amendment is made by the Declarant pursuant to Section 12.4, hereof, or is approved by the percentage votes, and pursuant to the same procedures, necessary to institute proceedings as provided above. EXECUTED the day and year first above written. DECLARANT: C & L DEVELOPMENTS, LLC By: CR.AIG CONDRON, Managing Member RIVERWALK ELEVENTH ADDITION CCRs Page 40 CONSENT TO RECORDATION OF DECLARATION Bank and the other undersigned parties, which are the holders of a First Mortgage and/or construction mortgages and second Deed of Trust, respectively, covering the Lots described in the foregoing Declaration, hereby acknowledges that they have read and approve the above and foregoing Declaration, and each entity and individual signing below agrees that the lien of said Deeds of Trust and/or Mortgages shall be subject to the Declaration to the same extent as though the Declaration were executed and recorded prior to the Deed of Trust ( s ) /Mortgage ( s ) . DATED this day of , 2002. BANK By: It's By: It' s RIVERWALK ELEVENTH ADDITION CCRs Page 41 STATE OF WASHINGTON ) ) ss. County of Spokane ) On this day of , 2002, before me the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared and to me known to be the and of BANK, the corporation that executed the foregoing instrument and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute the said instrument and that the seal affixed is the corporate seal of said corporation. GIVEN under my hand and official seal the day and year last above written. Notary Public in and for the State of Washington, residing in My Commission Expires: STATE OF WASHINGTON ) ) ss. County of Spokane ) On this day personally appeared before me and , to me known to be the individual(s) described in and who executed the within and foregoing instrument, and acknowledged that they signed the same as their free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of , 2002. Notary Public in and for the State of Washington, residing in My Commission Expires: RIVERWALK ELEVENTH ADDITION CCRs Page 42 STATE OF WASHINGTON ) ) ss. County of Spokane ) On this day of , 2002 before me the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared CRAIG CONDRON to me known to be the Managing Member of C& L DEVELOPMENTS, LLC, the limited liability company that executed the foregoing instrument and acknowledged the said instrument to be the free and voluntary act and deed of said limited liability company, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute the said instrument. GIVEN under my hand and of f icial seal the day and year last above written. Notary Public for Washington Residing at Spokane My Commission Expires: C/WPF/JLT/REAL/CONDRON-CONST/CCR'5-004 RIVERWALK ELEVENTH ADDITION CCRs Page 43 EXHIBIT "A" RIVERTaALK ELEVENTH ADDITION (Spokane County Tax Parcel 55083.9073) (Legal Description) RIVERWALK ELEVENTH ADDITION CCRs Page 44 EXHIBIT "g" (Legal description of Common Areas) (or Plat less identified Lots = remainder = common area) RIVERWALK ELEVENTH ADDITION CCRs Page 45