25281 BSP-82-02
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FiLED FOR RECORD AT REQUEST OF
AND, AFTER RECORDtNG. RETURN TO: 4
ROBERT A. ROSIER ~
South 613 Washineton, Ste. 102
Spokanc, V1'ash'rngcon 99204 ,
JU1.11 2~`Z
. ~~tpIAN~Q
INDEXINC INFURM ATIOn'
Grantor: Romax Assaciates -
Grantee: Romax Associates
• Short Legal Description: ' Portion of Tracts 8, 9, 10, 11, 12, Nti"arren's 5 Acre Tracts
(full description an Exhibit A)
Tax Parcel Nos. 45082.1814, 45082.18?5 aod 45052.1813
DECLARATION OF RECIPROCAL EASEMENTS,
COVENANTS AND RESTRICTIQNS
. KNOW ALL MEN BY THESE PRESENTS that Romaa: Associates, a Washington general
partnership ("Romax") does hereby make this Declaration of Reciprocal Easements, Covenants and
Restricrions (the "Declaration"):
WITNESSETH:
WHEREAS, Romax is the owmer of Tracts 1 through 6(each a"Tract'", and collectively, the
"Tracts"), situate in Spokane County, Washington Iegally described on the attached Exhibit "A", and
has been granted an easement (the "Easement") for ingress and egress thereto pursuant to a
document recorded under Spokane Auditor's File No. 4685752; and
IVHEREAS, Rorraax desires that the Tracis and the Easement be developed in conjunction
with each other pursuant to a general plan of improvement to form a commercial shoppina center
(the "Shopping Center"); and
WHEREAS, the title to any of the Tracts may be held separately by virtue of a subsequent
sale, transfer or conveyance by Romax of one or more of said Tracts; and
VVHEREAS, Romax recogniZes the need io grant certain rights and impose certain
restrictions relative to the Tracts for the beneficiai use of the future Owners of the Tracts.
DECLARATION
NOW, THEREFORE, Romax, as Declarani, herebv declares tiiat Tracts I throuah 6, as shom,n
on the Site Plan attached as Exhibit B and as legaily described in Exhibit A. and the Easement shall
be hcld, so1d, conveyed, oxvned, hypothecated, encumbered, used, occupied, and improved subject
to the following easements, covenants, conditions, restrictions and charges, which shall run vNrith the
Tracts and shall be binding on all parties having or acquiring any riQht, title or interest in the Tracts
or any part thereof and shail inure to the benef t of each Ommer thereof.
ARTICLE 1.
Definitions
1.1 Buildiniz Areas. "Buiiding Areas" shall mean those portions of the Tracts located
within "Building Limit Lines" or designated as "Existing Building Area" or "Future Building Area"
on the "Site Plan" attached as Exhibit B. The Building Areas are to be utilized for construction of
buiidings, and areas contiguous to buildings may, with Declarant's consent, be utilized for canopies,
truck loading or delivery docks, truck tunnels, ramps or wells, trash facilities and other
appurtenances. When a Future Building Area is improved with a building or a new building is
constructed within a Building Area, the area so improved (together with areas contiguous to
buildings used for canopies, truck loading or delivery docks, truck tunnels, ramps or welis, trasli
facilities and other appurtenances) shall automarically thereafter be deemed to be a Building Area
so long as the building and appurtenances thereto exists thereon. The size and location of buildines
indicated on the Site Plan may be changed so Iong as the change does not result in any decrease in
the number of parking spaces in the Shopping Center.
1.2 Common A,reas. "Common Area" shall mean and include a11 parts of, and faciZities
in or appurtenant, the Shopping Center other than Building Areas. Common Areas are for the
nonexclusive use or benefit of Owners, Occupants, and Permittees in common, and shall include,
but not be limited to, parking areas, serv2ce areas, driveways, areas of ingress and egress (inciuding,
_ without limltation, the Easement), access and perimeterroads, side-tvalks and walk-ways, and fixtures
for the Iighting thereof and control of traff c; drainage swales and other facilities for the control of
surface water on or adjacent to the Shopping Center; utiiity lines, fixtt.ires, and equipment used for
the conveyance of utility service to and throughout the Shopping Center; Iandscaping areas (other
than landscaping within Building Areas); permanent signage, including pylon and rotunda signage,
for the Shopping Center (other than signage within Building Areas). Building Areas, and Future
Building Areas, shall be deemed and treated as Common Areas for al1 purposes of this Declaration '
until a building within such BuiIding Area is established and worl: is commenced on the site with
respect to the construction of the building.
1.3 "Declarant"shall mean Romax, so long as it owns Tract l as shown on the Site Ptan,
and Romax's successors, as Owner of Tract 1.
1.4 Owner. "Owner" or "Owners" shall mean Romax, and any person subsequeiitiy
acquiring tiile to any part of the Shopping Center, whether actina directly or through a person or
entity designated in a recorded document by any such Ovvner to act in the place of such Owner for
the purposes of this Declaraiion. -
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1.5 Occutiant. "Occupant" shall mean any Person entitled to the use and occupancy of
all or any portion of a building in the Shopping Center, v~~hether as an Ov►~ner or pursuant to any
lease, sublease, license, concession or other simiiar agreement with an Owner.
1.6 Permittee. "Pernlittee" shall mean all Occupants and the officers, directors,
employees, a~ents, contractors, custorr~ers, vendors, suppliers, business ~~isitors, invitees, Iicenaees.
subtenants, and concessionaires of Occupants insofar as their activities lawfuI ly relate to the intended
use of the Shopping Center.
1.7 Person. "Person" shall mean any individuat, partnership, firm, association,
corporation, trust, or any other form of business or governmental entity.
ARTICLE 2.
Easements
2.1 Deelaration ofEasements. Declarant hereby declares, establishes, grants and conveys,
for the mutuaI use and benefit of the Owners, and, to the extent not limited below, to Occupants and
Permittees of Tracts 1 through 6 of the Shopping Center, the foliowing easements over, upon, across
and through the Common Areas of the respective Tracts, without payment of any fee or charge,
except as otherwise provided in this Declaration:
2.1.1 Pedestrian Easements. Nonexclusive easements, for the purpose ofpedestrian
traffic over, upon, across and befween each Tract and the Building Area(s) thereon and (a) each other
Tract (and the Building Area(s) thereon), (b) the public and private streets, alleys and drives now or
hereafter abutting or located on any portion of the Shopping Center, and (c) the parking areas nowt
_ or hereafter located on the Shopping Center; limited, however, to those portions of each Tract which
are improved or designated, from time to time, as pedestrian walkways and made available by such
OuJner for such use, as such portions may be reduced, increased or relocated frorn time to time,
consistent with the Site Plan.
2.1.2 Vehicular Easements. Nonexclusive easements (including, without limitation,
the Easement) for the purpose of vehicular traffic over, upon, across and betvveen each Tract and (a)
each other Tract, (b) the public and private streets, alleys and drives and wall.-Aays now or hereafter
abutting or located on any portion of the Shopping Center, and (c) the park-ing areas now or hereafter located on the Shopping Center; limited, however, to those portions of the Shopping Center which
are improved, from time to time, for vehicular drives and access -%vavs and made available by such
Owner for such use, as such portions rnay be reduced, increased or relocated from time to time,
consistent with the Site Plan.
2.1.3 Utilitv Easements. Nonexclusive easements for the use of (and to Owners
only, nonexclusive easements for the installation, maintenance, repair, replacernent relocation and
removal o fl v►•ater lines and systems, telephone lines and systems, gas lines and systems, sanitary
sewer :ines and systems, electrical lines and systems, sprinkler systems, storm sewers, drainage Iines
and systems, and other utility lines and systems hereafter developed to sen,,e one or more of the
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Tracts, provided, however, that as to righls gt'anted only to Otirners (a) such actions may be taken
only with the pnor "rn'tten consent of Declarant, which consent shall not be unreasonably withheld,
and after thirt), (30) days prior written notice of the proposed action has been given to ail other
Owners and (b) all pipes, wires, Iines, conduits, mains, sewers, systems and related equipment
("Utility Facilities") wili be placed and maintained underground or otherwise enclosed and (c) ail
Utility Faciiities will be installed, maintained, repaired, reptaced, relocated or removed with due
diligence, and in a manner which wili not unreasonably interfere with the use or operation of the
Shopping Cenier or unreasonably interrupt any utility senlice to any building constructed on any
Tract or reduce or unreasonably impair the usefulness or function of the Utiiity Facilities and (d) all
costs of relocation or other work done for the convenience of one Tract, or otherwise not properly
chargeable as a Common Area Maintenance expense wili be borne by the Owner(s) benefitting from
such work and shali not be charged or allocated to any other Tract(s).
2.1.4 Construction Easements. To Owners only, nonexclusive easements for the
purpose ofconstruction, installation, modification, care, maintenance and replacement of buildings
and appurtenances thereto on the Building Areas of the Shopping Center; pro~~ided (a) such ~~►ork
is undertal:en onIy with the prior written consent of Declararit, which consent shall not be
unreasonably wi#hheld, (b) use of a burdened Tract is reasvnably necessary for the performance of
the proposed work, (c) the urork will be diligently pursued to completion in accordance with sound
construction practices and (d) the work will not unreasonably interfere with the use of the burdened
Tract or the improvements thereon.
2.1.5 Parking Easements. Nonexclusive easements in and to the parking areas, for
access to and use of, sueh vehicular parking areas, all in accordance with the Site Plan.
11.6 Self-Help Easemenis. Nonexclusive rights ofentry and easements over, across
' and under each Tract for all purposes reasonably necessary to enable any other Owmer af a Traet to
perform any of the provisions of this Declaration which a defaulting Owner has failed to perform.
2.2 Nature of Easements. The easements granted hereby shall be for the benefit of, but
not restricted solely to (except as expressly so restricted), the Owners of the Tracts, and each of
them, and theirrespective Occupants and Permittees. Nothing herein is intended to create, nor shall
the declaration of easements be construed as creating, any rights in, or for the benefit of the general
public, or for the owners of oiher areas located outside the Shopping Center.
AR7ICLE 3.
Covenants Reeardine Shonnine Center
Use and OnEration
3.1 Permitted Uses. The Shopping Center shall be used only for development,
construction, leasing, operation and maintenance of retail and wholesale mercantile business,
consumersen~iceand entertainment business, restaurants, business and professional offices, financial
institutions and eomparable business enterprises cammon to shopping centers. No portjon of the
Shopping Center may be used for warehousing (other than temporary storage of fixtures, equipment
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and inventory by an Occupant}, or for industrial, ma,nufaCturing or residential purposes, except as
, incidental ta the conduct of a perniitted business activity within the Shopping Center.
3.2 Uniform Genera) Plan for Shoppina- Center. Declarant intends by ihis Declaration to
create a uniform general plan far the Shopping Center. Any development or construction in the
Building Area, Future Building Area, and Comman Area, remodelina or reconstruction of any
building in the $uilding Area, or alteration or addition to the Common Area, shali at all times
conform to the design concepts of the Shopping Center so that the exterior of all such buildings and
all such other improvements wiil be architecturally and aesthetically compatible and harnionious
with the other buildings and improvements in the Shopping Center.
3.3 Buildine Area.
3.3.1 BuildinQ Area Limit Lines. Bvildings shall he placed or constructed only
within the Building Area Limit Lines, Existing Building Areas or Future Building Areas on each
Tract as shown an the Site Plan. Building canopies (including covered fueling areas associated with
a gas station/convenience store or covered drive-in or drive-through area associated with a banl: or
restaurant facility located on Tracts 3, 4, 5 and 6), truck loading and delivery docks, truck tunnels,
ramps or wells, and trash facilities may, with the consent of Declarant, which shall not be
unreasonabiy withheld, extend a reasonable distance beyond such limit lines (and the limit line shall
thereupon automatically be deemed amended accordingly). In no event shall any building or
structures be erected within the Common Area, except as specifically pernlitted by this Declaration.
3.3.2 BuildinQ~ Uukeep and Maintenance. Eacn OANmershall, without cost orexpense
to any other 4wner, provide for appropriate upkeep and maintenance of (a) the exterior of ihe
buildings and improvements locateci in the Building Area of such OvAner's Tract and (b) perimeter
and other walkways on such Owner's Tract, from the back of the curb to the exterior building face,
truck loading and delivery docks, truck tunnels, ramps or wells, trash facitities and landscaping
located directly adjaeent to and contiguous with the exterior of each of the buildings, to ensure that
the Shopping Center and each part thereof is maintained in a first-class manner, and is at all times
neat, orderly, sanitary and in good condition and repair, and retains at all times the appearance of a
first-class shopping center.
3.3.3 Damaae. If a building located on any Tract is damaged or destroyed by f re
or any other cause, the Owner of such building or buildings shal] promptly and with diligence, and
without expense to any other Owner cause either: (a) the repair, restoration, or rebuilding of the
building so damaDed or destroyed, in accordance with this Declaration, or (b) the razing of the
' damaged building, the filljng of any excavation, and performance ofany otherwork necessary to put
such portion of the Shopping Center in a clean, sightly and safe condition.
3.3.4 Construction, Remodeling, and ReAlacement. Buildings and improvements
located in any Building Area may be remodeled or replaced, buildings and improvements may be
developed in Building Areas, and alterations and additions may be made to the Common Area, upon
compliance with the provisions in Article 4, concerning approval of plans and specifications;
provided, however, that no such requirement for plan approval shall app)v in the case o£pr9posed
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repair or reconstruction of buildings or impxot'ements which have been damaged or destroyed by
fire, other casualty or condemnation, or which have become worn out or obsolete, so long as such
repair or reconstruction wiil not substantially alter the size, height, bulk and exteriar appearance of
the buildinc, or improvements as they existed prior to the event or condition requiring repair or
reconstruction, provided that notice of intent so to repair or reconstruct (iogether with a brief
eaplanation of the cause and nature of the proposed work) is given by the Owner proposing such
work to the other Owners at least thirty {30} days prior to the commencement of any work thereon,
and provided that all such work is diligently pursued to completion. Any building erected in any
Building Area, any remodeling or reconsiruction work undertal:en on any existing buildings in any
B uilding Area, or improvements in the Common Area, and any alteration or addition to the Common
Area shalI at all times be of first-class quality consiruciion and architectural desi-P.
3.4 Nuisances and Prohibited Uses.
3.4.1 Nuisances. No Owner shall use or permit the use of its Tract, or any portion
thereof (a) for the conduct of any offensive, noisy or dangerous trade, business, manufacturing
activity or occupation, including, without limiting the generality of the foregoing, burning of trash,
refuse or waste materiaIs; (b) for the maintenance of any nuisance or the conduct of any activity
which violates public policy; (c) for any activity which physically interferes with the business of any
other Owner or Occupant; (d) in violation of any law, ordinance, rule or regulation of any
governmental authority having jurisdiction over the Shopping Center or any portion thereof; (e) for
any sales outside the exterior walls of any building on any Building Area, for the dispiay of
merchandise in any Common Area or any similar use except in areas specifically approved for such
purpose by Deciarant in writing, except that (i) each Ownermay itself, ormay grant to any Occupant
of its Tract, the rigbt to use the sidewall:s immediateiy adjacent and contiguous to its building for
the sale or dispiay of its merchandise (provided pedestrian passage is not blocked or unreasonably
_ restricted) and (ii) Declarant may grant to Occupants the right to use a portion of the Common Area
for seasonal sales of inerchandise, subject in all respects to the follovNring Iimitations: (A) the
seasonal sale of rnerchandise from the Common Area shall be limited to not more than ten (10)
occasions per calendar year for a cumulative total of not more than forty (40) days duration; (B) the
sales area in shall be limited and located so as not unreasonably interfere with access to or saies from
the premises of any other Occupant; and (C) such use shall not require any parking spaces in excess
of those available in the Shopping Center and adjacent streets, under any ]aw, ordinance, rule or
regulation of any govemmental authority leaving jurisdiction over the Shopping Center or any
portion thereof; for any other use not compatible with the operation of a first class retail and
commercial shopping center, well maintained in accordance with the standards of this Declaration;
including, without limitation, visual advertising which is incompatible with standards and guidelines
set forth in this Declaration or othervvise developed by Declarant, or audio u-hich to an unreasonable
extent, is audible on the exterior of any building or other improvement from which it emanates.
3.5 Rules and Rep-ulations.
).5.1 Promuleation. Declarant may, from time to time, adopt reasonable rules and
reQulations pertaining to the use of all Common Areas by Owners, Occupants and Permittees. All
enforcement of such rules and regulations by Declarant shall be against all Owners, Occupants or
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Permittees of the Shopping Center in a reasonable and nondiscriminatory manner, but Decla.rant
shall have no Iiabilitv for failure ofany Owner, Occupant orPermittee to comply xvith such rules and
regulations.
3.5.2 Parkine Tract Levies. No Owner shall impose any charge, service fee or exact
any other consideration in exchange for the right of any Person to enter, depart from, or park a
vehicle in the Shopping Center for purposes contemplated herein unless such charges are Iawfully
ordered by appropriate governmental authority having jurisdiction over the Shopping Center.
3.6 No Walls. Fences or Barriers. Subject to the provisions concerning construction
activities, no walls, fences or barriers of any sort shall be constructed or erected in the Shopping
Center, or any portion thereof, by any awner which shall impair the exercise of any of the rights
granted herein, or the free access and movement of Occupants and Permittees, including without
limitation, pedestrian and vehicular traffic, benween the various Tracts as contemplated by this
Declaration; provided, however, reasonable traffic control si-ans and devices, barriers and parking
stops, as may be necessary to guide and controi the orderly flow of pedestrian and vehicular traffic,
may be installed so long as access driveways and sidewall:s within and to the Shopping Center are
not ciosed or blocked and the traffic circulation pattern of the Common Area, as shown on the Site
Plan, is not adversely affected; and provided further that each Owner shali" have the right to
temporarily erect barriers to avoid the possibility of dedicating such areas for public use or creating
prescriptive rights thereon.
3.7 Siens. No signs shall be erected without the prior 'Afritten approval of DecIarant,
which approval shall not be unreasonably withheld. Eaeh Owner and Occupant shall comply with
reasonable standards, specifications, rules and regulations promulgated from time to time by
Declarant with respect to the appearance and location of signage in the Shopping Center. Without
limitation ofthe forgoing, each Occupant shall maintain, at all t2mes (and will periodically change
the same in accordance by such standards, specifications, rutes and regulations, but not more
frequently than quarterly), wall signs containing graphic images on one or rivo sides of its building,
with size, location, configuration and content reasonably satisfactory to Declarant, in order to
coordinate and complement the theme and appearance of the Occupant's building (and graphics
located thereon) with the appearance of graphics placed on other buildings within the Shopping
Center. Declarant rnay maintain on the Building Area within Tract 1 or on the Common Area,
facilities for the display of signage consistent with other signage in the Shopping Center, relating
to businesses operated by Occupants and other businesses not in direct competition with Occupants,
and may charge such rates as the Dec)arani may determine for the erection, display and maintenance
of such signage.
3.8 Chanae in Confiauration. The Shoppina Center shall be developed and utilized
consistently with the Site Plan. No change in the Common Area tk.'hich (a) reduces the number of
parking spaces (other than construction of buildings within Building Areas temporarily deemed
Common Area pursuant to Section 1.1), (b) calls for construction of any parking garage or similar
structure, the cost ofwhich would be assessed as a common area expense, (c) materially changes the
parking layout or pattern of traffic flow thereon, or (d) makes any other material change in the
Common Area conf c-yuration sliall be made without the prior written approval of (i) the Owners of
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70 % of the gross land arLa of the Shopping Center and (ii) the Occupants of 70 % of the occupied
main floor area ofail buildinc-rs located within the Shopping Center. Declarant reserves the right to
alter the operation, confiauration (including without Iimitation, subdivision or adjustments to the
boundaries of the Tracts or addition of additional Tracts and Common Areas), Iayout and
improvements of the Shopping Center, in I?eclarant's sole discretion; provided however, Declarant
may not (except to the extent required by Iaw or governmental authorit}r) materially change the grade
within the Shopping Center, reduce the number of parking spaces below that required by law, or
construct or maintain, or pennit to be constructed or mainiained, any building or barrier or alter the
size, number or location of curb cuts in any manner which woutd substantlally limit or otherwise
interfere with access to or the circulation of vehicular and/or pedestrian traffic within the Shopping
Center. The forgoing vvill not be construed to prevent Dectarant from reconfiguring or restriping
parking or installing speed bumps and similar facilities to control traff c throu~h the Shopping
Center.
3.9 Limitations on Division of Tracts. No Traci shall be subdivided, parcelized, split or
otherurise divided or the boundaries between Tracts adjusted, without the prior written approval of
Declarant; provided nothing shall prevent Declarant from taking any such action prior to Declarant's
sale of a Tract.
ARTICLE 4.
Shotapinq- Center Development
4.1 Development of Buildine Area.
4.1.1 ,Architectural Stvle. The Site Plan designates Building Areas on each Tract
- - upon vc+hich each Owner may construct and develop buildings and related improvements as provided
herein and by this Declaration. Declarant has entered into an architectural services contract or
contracts with a pi-oject archiiect to design and prepare the Site Plan, plans and specifications for the
Building Area on Tract 1 and elsewhere in the Shopping Center, and plans and specifications for the
Common Area. All Building Area buildings and improvements shall conform to the requirements
of the Site Plan and this Declaration in order to create compatibiIity of appearance and aesthetic
harmony in the entire Shopping Center, pursuant to the uniform general plan for the development
and construction of buildings and improvemenis on the Tracts as set forth in this Declaration.
4.1.2 Certain Sidewalks. Landscapin2 and Loadiney Facilities. In addition to the
construction ofbuildinas and improvements within each Building Area, each Owner shall, without
cost or expense to any other Owner, develop and construct on its Tract, any necessary or desirable
perimeter and other walkways between the back of the curbs adjacent to the Building Area and the
exterior building face, and any truck loading and delivery docks, truck tunnels, ramps or wells, trash
faciiities and landscaping, adjacent to and contiguous with the exterior of the building, whether or
not located in Common A.rea.
4.1.3 Develonment of Buildines. Subject to the provisions contained in this
Declaration, each Qwnermay construct a building on its Tract within the Building Area Limit Lines,
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imprvvenients Jocated in the Build'ng Area on
and remodel and recanstruct existing buildings and
its Tract.
(a) AMrcaval ofiPlans.
{i) Concen# Plans. Pn'or to the comniencement of any
deve]op-ment, construction, remode1ing or reconstructkon on aTract, the Owner proposing such worh
shall prepare and submit to Declarant for review and approval, „concept plans" cQnsistin,cyof scaled
elevations and ascaled extenior footpn'nt, including-, without limitativn, exterior design concepts,
material selection, color and signina, for the exterior surfaices of the proposed bualdin.-c, or other
improvements appurlenant to such buitding. Dec}arant, within fi#teen(15) days afterreceipt o fplans,
shaYl b}r wrftten natice (A) apprave, disapprove armake reconlrnendailons for change in the concept
plaris or (B) for good cause, extend the time for plan revkew by an additional period, not to exceed
fifteen (15) days. Any disapproval or recommendation forchan~e shall specify ~~itl~ pa-tict~la.~ity the
reason therefor, including any c-nteria set forth in this Declaration relied upan for such disapproval
or reconnrnendation. Upon any such disapprava.l or recommendativn for change, the Ourner
praposing such work and Declarant shall co-n.sult in gaod faith to establish rnutually ac.ceptable
concept pla.ns for the propasal. .
(ji) PreIiminarv Plans_ Upon ~utual approval ofthe concept plans,
the developing Ovc►ner sh~~~ pr~pare and subrnit to Declarant for re'V~ew and approval, preliminary
plans and specifications for its proposal. Declararzt, vvithin fif~een (15) days after receipt of
preiI'minary p1~s, shall by written r~otice {A} approve, disa~pprove or r~ake rece~s~mer~dat~~ns f~~
change in the preliminary plans or (B) far g;ood cause, extend the time for plan rer>ieur by an
additional period, nvt to exceed fifteen (15) days. A.ny disappraval or recommendation for change
shall specify witb particularity the reason therefor and justify the disapproval or recominendation
by reference to the cn'teria set forth in this Deelarativn. Upon any such disapproval 4r
recammendatponfoTchange, fhe Ow~er praposing such work- and Declarant shall consult M good
faith to establish rnutually acceptable preliminary glans far the proposai.
(iii) Final Planse Upon mutual approval of the preliminary plans
and specificafiions, thie, develaping Ovvner shall prepare and submit to Declarant f~r revievv a~d
a-pproval, final plans and specYf~catians far its propvsal. Declarant, ,vithin fifteen (15) days aftea-
receipt of finai plans, shall by writien notice (A) approve, disapprove or make recornmendations for
change in the final plans or (B) for gaod cause, extend the tirne for plan revieu• by an additional
period, not to exceed fif~een (15) days. Any disappra►val or recornmendalion for c,ha-nge shall specify
with particul arity the reason therefar andJ -ustify the disapFroval or recommendativn by reference to
the criteria set forth in this Declaratian. Upan any such disapprovaI or recommendation far change,
the Ow-ner proposing such work and Declar-anfi shall consuh in eood faith to establish nlutually
accepiable final plans for the proposal.
(b) Co,nstructi on Standards. Upan approval of the f nal pla.ns and
specificatians for the buildings and improvetnents to be locaced on an Ownei's Tract, that Owner
shall canstruct or cause to be canstruc#ed such buildin~s ~d i~~pro~'e~nen~ i-n cora~'or~nance ~~ith the
approved p1ans and specificatians, without cast or expense ta anv other Owner. Such construction
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shall be performed in a f rst-class workmanlike manner using first quality materials. Development
and construction of the buildings and improvernents sha11 be promptly and diligently undertal:en and
diligently pursued to completion. Each Owner shall secure alI licenses and permits necessary for
construction of its buildings and improvements, and shall comply with the requirements of all
applicable authorities having juri sdiction, and a11 applicable laws, regulations, ordinances and rules,
including without Iimitation, zoning laws and building codes, in the construction ofits building and
improvements. No material change shall be made in any plans and specifications, or worl: of
construction, once the final plans and specifications thereforhave been approved as herein provided,
unless the change is first approved pursuant to the procedures set forth above.
(c) No Liabzlitv. No review and approval by Declarant of any plans and
specifications or other construction documents, or any construction pursuant ihereto, shall impose
any liability or constitute assumption of any responsibility by the reviewing Owner as to the
accuracy, sufficiency or propriety thereof or a representation or warranty that the proposed
improvements are prudent, feasible or comply with applicable laws or accepted design and
engineering standards and practices. The developing Owner, its employees and contractors, shall be
solely responsibie for the design and construction of that Owner's building and improvements, and
for any enors, omissions or deficiencies in such plans and improvements.
(d) Vacant Areas. In the event that, after the first store opens for business
in the Shopping Center, there are Buiiding Areas upon which no building or Common Area has been
constnicted, or from which existing buildings have been razed and not replaced ("vacant areas"), the
4wner thereof shall maintain such vacant area in a safe, neat and attractive condition, free of vveeds
and debris, and take necessary and appropriate measures to prevent and control the emanation ofdust
and dirt from such vacant area, which may include use of gravel, grass, ground cover or the sealing
of the ground surface. In the event that construction of a building or other improvement is not
- commenced on such vacant area within one (1) year after the date of substantial completion of
construction of the Common Area, the Owner owlning or occupying such vacant area shall piant ground cover thereon compatible and harmonious with the Shopping Center landscaping, and
maintain the same at all times in a neat, orderly, sanitary condition and good repair, consistent with
the appearance of a first-class shopping center, until construction of buildings or other improvement
on such vacant area is commenced.
4.2 Develovment and Construction of Common Area.
4.2.1 Common Area Develonment. The Site Plan designates Common Area, and
Future Building Areas to be initially used as Common A,xea as provided by this Declaratian, which
shall be used in common by the Owners and Occupants in the operation of the Shopping Cencer
pursuant to this Declaration. Common Area work shall include ihe general preparation of a buildable
pad for each Building Area, the construction of customary utilities to the Building Areas and the
Common Area, and the overall development and construction ofthe Common Area and aIl necessary
off-site improvements as required by governmental and/or quasi- governmental authority. Declarant
shall engage a project architect and shalJ undertake development and construction of the Common
Area work in accordance with the provisions contained in this Section 4.2. The obiigations of
Declarant for Common Area vvork shall not include the de%,elopment and construction of
~
10
improvements appurtenant to any building, including, without limitation, perimeter sidewalks from
the back of the curb to the exterior building face: truck loading and deIivery docks, truck tunnels, "ramps or welis, trash faciiities or Iandscaping adjacent to buildinas, the design, construction and
maintenance of which are the responsibility of each Ou~ner on its own Tract.
4.2.2 DesiQn arid Construction ofCommon Area. The project architeci shall prepare
Common Area plans and specifications conformincr to the Site Plan and the intent of this
Declaration, including the following, and any other elements directed by Declarant:
(a) Common Facilities. The location, size and dimensions ofall facilities
for conunon use in the Common Area where such Iocation is possible, and ifprecise iocation cannot
be established, then guidelines for such location.
(b) Parking- Area. A composite parl:ing Iayout for the entire parking area,
including utithout limitation, location and design of lighting systems, designating areas which may
be separately illuminated from time to time at the request of an Owner, and the paWing, striping,
curbs, berms, retaining walIs, Iighting, bumpers, sidewalks and driveways for the,Common Area.
(c) Landscanine. Ageneral landscaping, plan specifying overall plant
materials and planting, together with the design and layout of an irrigation system. The water
servicing the Common Area landscaping shall be separately metered from any of the Tracts.
(d) Commo-ii Area Electrical. Electric service to the Common Areas will
be coordinated to serve the entire Shopping Center, but shall be separately metered from any of the
Tracts.
(e) Utilities. The location and specificarions for alI necessary utilities to
be used in common for the Common Area and the Building Areas as provided by this Declaration,
inciuding design and working drawings for storm sewers or area drains, including extensions thereof
to the Shopping Center, sanitary sewers, water, telephone, gas, eiectric power, and other utility lines,
conduits and systems. A1l utilities servicing the Building Areas shall be stubbed into said Building
Areas and shall be sized according to the contemptated building size and use.
4.2.3 Construction ofCommon -Area. DecIarant shall contract for and supervise the
lien-free completion of the Commvn Area work in accordance with tbe Common Area plans
including clearing, demolition, excavation and on-site grading, soil compaction and drainaQe,
licenses and permits, necessary for the development and construction of the Gommon Area, in
compliance, with the requirements of all applicable auihorities or entities having jurisdiction over,
or servicing, the Shopping Center and with all applicable laws, regulations, ordinances and rules,
including, u►ithout limitation, zoning laws, subdivision laws, and building codes.
4.2.4 Pavment of Common Area Develaoment Costs. The entire cost of the design
and preparation of the Site Plan and the Common Area plans, and the deveiopment and construction
of the Common Area improvements shall be paid by Declarant. The cost of any changes or additions
ll
to the Common Area done at the request of an Ovvner, which does not benefit the Shopping Center .
as a«thole, shall be borne by the Owner requesting the change.
4.2.5 Chanae of Common A.rea Plans. I`o material change shall be made to the
Common Area or Common Area plans without written approval of (i) the Owners of 70 % of the ,
aross land area of the Shoppina Center and (ii) the Occupants of 70 % of the occupied main floor
area of all buildings located «°ithin the Shopping Center.
ARTICLE 5.
Maintenance of Common Areas,
5.1 Maintenance. Except for those portions of the Common Area and improvements
thereon required in this Declaration to be maintained by O%vners, Declarant shall operate and
maintain in a first-class condition the Common Area and shall make any repairs or replacements
necessary to the Conunon Area, including, but not limited to, the parking area, roads, sidewalks,
landscaping, drainage, public utilities (to building connection points) and lig,hting facilities (except •
to the extent that such public utilities and lighting facilities might be operated and maintained by a
public, quasi-public or private utility company). ,All Common .Area improvements repaired or
repiaced by Declarant shall be repaired or replaced with materials, apparatus and facilities of quality
at Ieast equal to the quality of the materials, apparatus and facilities repaired or replaced and so as
to maintain the architectural and aesthetic harmony and integration of the Shopping Center as a
«rhole. The obligation ofDeclarant to maintain, operate, repair and replace facilities ofthe Common
Area shall include, but not be Iimited to, the following:
5.1.1 Paved 4reas. Maintaining all paved surfaces and cwbs of the Common Area
- " in a smooth and evenly covered condition, «lhich rnaintenance work shall include, without limitation,
cleaning, sweeping, striping, repairing, replacement and resurfacing of the parking area, and curbs,
using surfacing material of a quality equal or superior to the original surfacing material.
5.1.2 Debris and Refuse. Providing appropriate cleaning services to the Common
Area to keep them reasonably free of debris, filth and refuse to the extent necessary to keep the
Common Area in a first-class, clean and orderly condition, proNtided each Owner shall install,
operate and maintain, or cause to be so installed, operated and maintain, on its respective Tract
«lithout cost or expense to the other Owners and so as not to be visible io the general public
shopping at the Shopping Center (except when required to be placed outside for collection),
sufficient trash compactors, bailers and enclosed trash bins, for use in conriection with storage ofall
trash, refuse and,,A~aste materials of Occupants and each Owner shall take, or cause to be taken, all
reasonable measures to keep the Shopping Center free from all debris and rubbish caused by, or
emanating from, such facilities.
5.1.3 Snow and Ice. Plowing snow and treating ice v~~ithin a reasonable time after
accumulation (sno«- ma}• be stored in Iandscaped areas or in surplus parking areas) so that, to the
extent practicable, the parking area and the walkways shall be reasonably free of snow and ice,
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provided, however, that each OuTner shall be responsible for snow removal and treamient of ice on
perimeter walk-ways bemteen the curb line and the eaterior buiidir.g wa1ls on that Ovvner's Tract.
5.1.4 Sians. SiQnals and Markers. Placing, }:eeping in repair, replacing and
repainting anv appropriate traffic control and directional devices, sic-rns, markers and lines, and any
Shopping Center pylons, monuments and signs.
5.1.5 Parkin2 Lot and Exterior LiLyhring. Operating, repairing, cleaning and
replacing when necessary such Common Area lighting fG;,ilities, incIudina all lighting necessary or
appropriate for Common Area security and exterior lights attached to buildings as Declarant may
locate on Building Areas which are intended to illuminate the Common 4rea; provided that the
Declarant shall not be responsible for, any failure or interruption of Iighting services due to causes
beyond its reasonable eontrol, or for security of the Shopping Center. With respect to each Tract,
lighting for the Common Area thereon (other than lighting necessary for Shopping Center security)
shall remain on each day commencing at least one half (%2) hour before dark-ness and thereafter untii at least the later of (a) one haif (%2) hour after the last Occupant oi the Shopping Center has closed
for business or (b) midnight, unless otherwise restricted by any applicable law, in which event the
standard prescribed by such restrictions shall be adhered to wl2ile in effect. Except as provided in the
pxecedin~ sentence, lighting representing no less than twenty-fi~~e percent (25%) of full intensity of
the Common Area lighting system, uniformly distributed throughout the Common Area of the Tract,
shall remain on during hours of darkness for security purposes, unless all Occupants consent to a
greater amount of lighting in writing, or unless otherwise restricted by any applicable law, in which
event the standard prescribed by applicable law shall be adhered to while in effect. If special lighting
other than the foregoing is required, then the cost of such special lighting shall be determined on a
prorated basis in accordance with the special usage and all such prorated eapenses shall be paid by
the Qwner or Occupant which requires the special service.
5.1.6 LandscaDed Areas. Cleaning, repairing, maintaining and repiacing landscaped
areas, including irrigation systems and water lines in the Common Area; provided, however, each
Owner and/or Occupant shall clean, repair, maintain and replace a]1 landscaping between the back
of the curbs adjacent to the Building A.rea on its Tract and the exterior building face, in a manner
consistent with the landscaping of the remainder of the Shoppin` Center, without cost or expense
to other Occupants or Owners. 5.1.7 Utilities. Maintaining, cleaning, repairing and replacing any and all storni
drains, drainage swales and facilities for the control of surfaee Avater on or adjacent to the Shopping
Center, utility lines, sewers and other utiIity s}lstems and sen•ices Iocated in the Common Area (to
building connection points only) which are necessary for the op:ration of the Common Area and
Building Areas, and any buildings and improvements therein, except for those utility Iines which are
maintained, cleaned, repaired and replaced by public, quasi-public orprivate utiliry campanies (aii}i
cost and expense of which shall nevertheless be Common Area Costs), provided that Declarant shall
not be respansible for the failure or interruption of any utility systems or services resulting from
causes beyond its control.
I3
j •
5.1.8 Obstructions. Keeping the Common Area free from obstructions not required
or permitted hereunder, specifically (but without-limitation) l:eeping the Common Area free from
any obstructions caused by sale or display of inerchandise outside the exterior walls of buildings
within the Building Areas, eacept as authorized by Declarant.
5.1.9 Wall.-wavs. Gleaning (including mrashing and/or steam cleaning), maintenance
and repair of alI walkvvays, including perimeter sidewalks and sidewalks adjacent and contiguous
to buildings located on Building Areas. Cleaning shall be performed at appropriate intervals, and to
the greatest extent practical, during such time as no stores in the Shopping Center are open for .
business, except for those stores that are open beyond midnight, provided each Owner shall be
responsible for daily sweeping of perimeter sidewalks and side«-all:s adjacent and contiguous to
buildings on their Tract.
5.1.10 Governmental Reouirements. Complying «~ith all applicable reyuirements of
governmental agencies pertaining to the Common Area, including, «-ithout limitation, any alterations
or additions required to be made to, or safety appliances and devices required to be maintained in
or about the Common Area under any laws, ordinances, rules, regulations or orders now or hereafter
adopted, enacted or made and applicable to the Common Area.
5.1.11 Rules. Enforcement of rules and regulations established pursuant to the terms
and conditions of this Declaration.
.
5.1.12 Other Duties. Performance of other duties required of Declarant pursuant to _
any provision of this Declaration or otherwise reasonabIy necessary for operation, maintenance,
repair and replacement of the Common Area.
Declarant may contract with a third Person or Persons to provide for perforrnance of all or
part ofthe duties and obli~ations ofDeclarant to maintain and operate the Common Areas, provided,
however, that Declarant shall remain responsible for the operation and maintenance of the Common
Area in the Shopping Center and for the performance of such third Person or Persons.
5.2 Common Area Costs of Ooeration and Maintenance. Common Area maintenance
costs ("CAM Charges") means all reasonable eapenses incurred by Declarant for the management,
operation, repair and maintenance of the Common Area, including, -*t•ithout limitation, expenses for
services described in Section 5.1 and (a) all paving, landscaping, electrical, plumbing, and lighting
fiatures and utilities and other systems, structures and improvements appurtenant to the Common
Area; (b) fees for consulting, accounting, legal, maintenance, guard, security; and other services;
management fees and costs (incurred by Landlord, any affiliate of Landlord, or charged by any other
entity managing the project at a rate consistent with prevailing mark-et rates for comparable services
and projects); (c) reasonabJe reserves for operating, repair and maintenance expenses; (d) costs of
power, water, sewer, waste disposal, telephone, security and other utilities and services, fire
protection and fire hydrani charges, license and permit fees, to the eztent incurred for the benefit of
the Shopping Center as a whole; (e) obtaining, storing, and installing equipment, materials and
supplies; ( fl cleaning, sweeping, landscaping, snour removal, painting, sealing and resurfacing of
vehicle parking areas, drives and walkways; (g) shopping center signs, including pylons and the
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rotunda, traffic control and directional signage; (h) seasonal hoiiday decorations; (i) capita]
improvements to the Cornmon Area or the Shopping Center, to the extent allowed below; (j} liability
and property insurance maintained by Landlord with respect to the Shopping Center as a whole; (k)
depreciation on personal property and eyuipment used in connection with the operation and
maintenance of the Shopping Center; and any other costs, charges, and expenses that under generally
accepted accounting principles would be regarded as management, maintenance, repair or operating
expenses of the Common Area or the Shopping Center.
5.2.1 Pavment bv Declarant. All C.AM Charges incurred by Declarant shall be paid
directly by Declarant promptly and prior to delinquency. Declarant shall expend only such monies
as are reasonably necessary for the proper operation and maintenance of the Common Area.
5.2.2 Capital Improvements. CA.M Charges shall include costs (amortized over such
period as Declarant may reasonably determine) together with interest at a reasonable borrowing rate
on the unamortized cost of any capital improvements that are made to the Common Area by
Declarant (a) for the purpose of reducing operaring expenses, or (b) by requirement of any
governmental law or reguiation that was not applicabie at the time the Cvmmon Area was
constructed and not as a result of special requirements for any Occupant's use. -
5.2.3 Exclusions. CAM Charges wiII not include (a) depreciation (other than
depreciation on personal property and equipment); (b) costs of alterations of leased space or other
improvements made for the benefit of any Owner or Occupant in the Shopping Center; (c) all costs,
including finders' fees and real estate brokers' commissions, legal fees, relating to solicitation,
execution or enforcement of agreements for lease or sate of any part of the Shopping Center; (d)
mortgage principat or interest; (e) capital items other than those referred to in subsection 5.2.2; (f)
costs of replacement of personal property and equipment for urhich depreciation costs are included
as an operating expense; (g) cvsts of services provided to any Occupant that are directly billed to
such Occupant; (h) costs of repair reimbursed by third parties; (i) any cost due to Declarant's failure
to fulfil its obligations under this Deciaration; or (j) any incame, estate or inheritance tax.
5.3 Allocation of CAM CharQes. The CAM Charges shall be shared by the Ov&mers and
Occupants of the Tracts in accordance with the following:
5.3.1 Amone Tracts. The total CAM Charaes for the entire Shopping Center shail
be allocated among the Tracts on the basis of the relative gross land area of each Tract, compared
to the gross land area of the entire Shopping Center; which, for such purposes, shall be deemed to
be such CAIV1 Charges multiplied by a fraction, the numerator ofwhich shall be the gz-oss land area
vN►ithin such Tract and the denominator of which shall be the ag`reQate gross land area in the enti2-;,
Shopping Center.
5.3.2 Amone 4ccupants. As to any Tract occupied b}j multiple Occupants, the
portion of CAM Charges alIocated to each Tract pursuant to subsection 5.3.1 may be further
allocated among the Occupants of such Tract by the Owner thereof in such manner as the Owner of
the Tract may determine, but such allocation shall not relieve the Owner of the Tract from liability
for payment. Declarant will bill each Occupant of Tracts owned b}T Declarant for CAM Charges
15
owed and may, in Declarant's sole discretion and on such terms and conditions as Declarant and anv
other O»►ner mav determine, bill Occupants ofTracts owed by otht~rs in accordance with agreements
for allocation of CAM Charges between such Owmers and Occupants.
5.4 Pax-men# for CAM CharQes. Each O«rner's or Occupant's share ofCAM Charges Will be paid monthIy, as deterniined by Declarant for any calendar }►ear, either:
5.4.1 In Arrears. In arrears, within thirty {30} days after receipt of an invoice
showing the actual C:AM Charges incurred during ihe preceding month. If DecIarant elects to charge
CAM Charges in arrears, within fifteen (15) days afler the end of each calendar month, Declarant
shall submit a statement to each Owner or Qccupant for its share of CAM Charges for the preceding
caIendar month. In addition to setting forth the proportionate share, the statement shall summarize
by appropriate cateaories the casts and eapenses incurred by Declarant for the operation and
maintenance of the Conunon Area for such preceding calendar month.
5.4.2 In Advance. In advance, on the first day of each month, in equal monthly installments of one-nvelfth the annuaI budgeted amount for such CAM Charges, based on an annual
budget for CAA7 Charges prepared by Declarant prior to the commencement of each calendar year.
IfDeciarant elects to charge CAM Charaes based on an annual budget, Declarant shall provide each
Owner or Occupant (a) prior to the beginning of any calendar year, with a budget of CAM Charges
reasonably anticipated to be incurred in the coming year, and (b) within ninety (90) days after the
end of each calendar year, with a statement, showing in detail all items constituting CA.M Charges
for the year just ended, and showing the manner in which such Occupant's share has been computed.
Any excess CA-M Charges paid durina, any year wi11 be offset against CAM Charges due in the
succeeding yearT or if Occupant will noi be present in the Shopping Center in the succeeding year,
_ refunded to Occupant -Aithin thirty (30) days following calcuIation of such excess. Each Owner or
l Occupant shaIl pay Declarant any shortfall in CAM Charges,%rithin thirty (30) days of receipt of an
invoice therefor.
5.5 Records. Declarant shall, in accordance with good bookl:eeping prachces and
generally accepted accounting principles, maintain a complete record of each and every item charged
as a CAM Charge for tle management, operation, repair and maintenance of the Common Area.
Declarant shali keep and maintain all records and books herein required for a period of four (4) years
from the end of each calendar year to which they appIy. All records and books hereunder shall be
kept by Deciarant at its principal place of business; provided, the records and books maintained
hereunder shall ahkays be kept at a location within the State of Washington.
5.6 Review. Not more than once each calendar year, each Owner or Occupant paying
CAM Charges to Declarant shall have the right, upon thirty (30) days' prior notice to Declarant, to
review Declarant's records for the prior year relating to CAM Charges, including such documents
and records as may be necessary to verify the accuracy and content of each statement hereunder and
Declarant shall supply, or make availabie for review, such documenis and records upon request. As
to any calendar Nrear, anv review must be initiated before the end of the following calendar year; and
absent fraud or gross neaiigence on Dec)arant's part, the CAM Charges timely reported for the
calendar year Nti ill be deemed controlling upon the expiration of such following calendar year. If it
16
is detemiined that there was an error in the deterrnination of common area charaes, then an
appropri ate adjustment will be made within thirty (30) days follo«,ing determination. Declarant shall
pay the reasonable accounCing cost of any review if such reti-iew discloses an overstatement by
Declarant of three percent (3%) or more of CAM Charges payable by the chalIenging Occupant in
a calendar year.
.ARTICLE 6.
Taxes
6.1 Each Owner shall pay, or cause to be paid, prior to delinquency, directly to the
appropriate taxing authorities, all real and personal property taxes, installments of jeneral or special
assessments (amortized over the longest permissible time), levies, license fees and other
governmental charges and impositions which are levied, imposed on account of, assessed against
or allocated to real or personal property within their respective Tracts ("Taxes"). Nothing contained
in this Section shaIl prevent any Owner from contesting, at its cost and expense, any such Taxes,
with respect to such Owner's Tract in any manner that such Owner elects, so long as such contest
is maintained «rith reasonabie diiigence and in good faith. At the time such contest is concluded
(allowing for appeal to the highest appellate court), the contesting Owner shall promptly pay all such
Taxes determined to be owing, together with all interest, penalues and costs.
6.2 As to any Tract, the Taaes allocated to each Tract or any improvements or personal -
property thereon may be fiuther allocated among the Occupants of such Tract by the Owner thereof
in such manner as the Owner of the Tract may determine, but such aliocation shall not relieve the
Owner of the Tract from liability for payment. ARTICLE 7.
Liens
Declarant shall keep the Tracts free from any and ali liens arising out of any work performed
for, materials furnished to, or obligations incurred by, Declarant in connection with the operation,
maintenance, repair and repiacement ofthe Common Area. Each other O«Jner shall keep its Tract(s)
free from any and all liens arising out of any work performed. materials furnished to or obligations
incurred by such Owner in connection with the construction. operation, maintenance, repair and
replacement of improvements on their respective Building Areas. Declarant, or each other Owner,
as the case may be, shall, within thirty (30) days after the date ofthe imposition ofsuch 1ien, pay the
lien claim in full, unless such Owner desires to contest any such Iien claim, in which case such
contesting Owner shall, within such thirty (30) day period, and as a condition precedent to the
contesting Ovvner's right so to contest, procure a bond from a responsible corporate surety in such
amount as may be required to release the iien. Nothing in this Arcicle shall prevent any Owner from
voluntarily encumberino, their Tract with long tenn financinQ for the acquisition and development
of the Tract; subject however, to the temis of this Deciaration.
l7
ARTICLE 8.
Indemnification and Insurance
8.1 Indemnification.
8.1.1 Common Area Indemnitv. Except as provided in Section 8.2_4, Declarant shall
indemnify, defend and hold the other Owners harmless from and aQainst any and all claims,
expenses, liabilities, loss, damage and costs, including reasonable attorney's fees, and any actions
or proceedings in conriection therewith, incurred in connection with, arising from,,due to, or as a
result of the death of any Person or any accident, injury, loss or damage, howsoever caused, to any
Person or property as shall occur in or about the Common Area Iocated on each Owner's respective
Tract to the extent caused by or resulting from the negligence or willfui act or omission of Declarant. ~
8.1.2 Buildine Area Indemnitv. Except as provided inSection 8.2.4, each Owner
(including Declarant, as Owner of Tract 1) shall indemnify, defend and hold the other Owners (and
Declarant, as operator ofthe Common Area) harmless from and against any and all claims, expenses,
liabilities, loss, damage and costs, including reasonable attorney's fees, and any actions or
proceedings in connection therewith, incurred in connection with, arising from, due to, or as a result
of the death of any Person or any accident, injury, loss or damage, howsoever caused, to any Person
or property as shall occur in or about the Building Areas located on each Owner's Tract, to the extent
caused by the negligence or willful act or omission of such Owner or any Occupant or Licensee of
any such Owner's Tract, or their respective agents, servants or employees.
8.2 Insurance.
8.2.1 Commercial General LiabiIitv on Common Areas. Declarant shall maintain,
or cause to be maintained, in full force and effect commercial general liability insurance (or its then
equivalent in the insurance industry) covering the Common Areas with a single occurrence limit of
liability of not less than One Million Dollars ($1,000,000.00) and an aggregate liability limit of not
less than Two Million Dollars ($2,000,400.00) forbodily or personal injury or death. Such insurance
shall include the following provisions:
(a) shall provide that the policy may not be canceled or materially reduced
in amount or coverage without at least thirty (30) days' prior written notice by the insurer to each
insured and additional insured;
(b) shall name each other Owner as an additional insured;
(c) shall provide for severability of interests;
(d) shall provide that an act or omission of one of the insureds which
would void or othervt►ise reduce coverage shall not reduce or void the coverage as to the other named
insureds.
ls
8.2.2 Commercial General Liabilit-v Insurance on Buildin2 Area. Each Owner shall
maintain or cause to be maintained in fuil force and effect commercial general liability insurance (or
its then equivalent in the insurance industry) covering the Building .qreas iocated on each Owner's
Tract with a single occurrence limit of liability ofnot less than One Million Dollars (S 1,000,000.00)
and an aggregate liability limit of not less than Two Million Dollars (S2,000,000.00) for bodily or
personal injury or death. Such insurance shall include the following provisions:
(a) shall provide that the policy may not be canceled or materially reduced
in amount or coverage without at least thirty (30) days' prior v~~ritten notice by the insureX to each
insured and any additional insured;
(b) shall name each other Owner as an additional insured;
(c) shall provide for severability of interests;
(d) shall provide that an act or omission of one of the insureds or
additional insureds which wouid void or othenvise reduce cotrerage shall not reduce or void the
coverage as to the other additional insureds or the insured, respectively.
8.2.3 Pronertv Insurance. Each Owner shall carry (or cause to be carried) Special
Form property insurance exclusive of earthquake and flood coverage (or such other ali-risk coverage
as may then be customary in the insurance industry) upon all buildings located in the Building Area
upon its Tract, with coverage in an amount of not less than ninety percent (90%) of the full
replacement cost thereof (exclusive of the cost of excavations, foundations and footings). The loss,
if any, covered by such insurance shall be paid to the respective O"Mer, unless payment of all or a
portion of said insurance is required to be made to a mortgagee, deed of irust beneficiary or
- ' leaseback lessor, as its interest may appear. Each Owner shall have the right and power to adjust and
settle any loss with its insurer.
8.2.4 Waiver of Subroeation. Each Owner and Occupant hereby releases, and
waives for itself and on behalf of its insurer, each other Owner and Occupant from any liability for
any loss or damage to property of such releasing Owner located upon any portion o.f the Shopping
Center, which loss or damage is of the type covered by special form (alI-risk) property insurance,
irrespective either of any negligence on the part of the released Owner which may have contributed
to or caused such loss, or of the amount of such insurance required or actually carried. Each Owner
agrees to use its best efforts to obtain, if needed, appropriate endorsernents to its policies of
insurance with respect to the foregoing waiver; provided, however, that failure to obtain such
endorsements shall not affect this release.
8.2.5 Other Insurance ReQUirements. All insurance required by this Section shall
be procured from companies licensed in the State of Washington and rated no less than A: VIII in
the most current edition of A. M. Besr 's Kei~ Rariirg Guide and no less than A- in the most current
edition of Stutidar-d & Poor Insurance Solvencl• Revieiv or as otherwise approved by Declarant and
the limits of such policies shall be reviewed by Declarant and Owners and approved as to sufficiency
at least every five (5) years.
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8.2.6 Self-Insurance. Each Owner shall have the right to self-insure the risl:s that
would othenvise be coxiered by the commercial general liability and property insurance policies
required to be maintained by the terms of Sections 8.2 and 8.3. If an Owner desires to self-insure,
it shall so notify Declarant and shall thereupon assume the risks of and shall pay from its assets the
costs, expenses, damaQes, claims, losses, and liabilities relating to injury or death to persons or
damage to property, if and to the same extenc that a third party insurance company would have paid
those amounts if the insurance company were insuring those risl:s under the policies described in
Sections 8.2 and 8.3. No Owner may self-insure unless and only so long as said O"Amer (or any
Occupant expressiy assuming Iiability hereunder on behalf of such Owner) maintains a net worth
equal to or exceeding Fifty Million Dollars ($50,000,000.00), or as such figure may hereafter be
adjusted by xvritten notice to each Owner from Declarant, to reflect the effects of inflation, based
on figures pubIished from time to time by the United States Department of Labor, Bureau of Labor
Statistics. In furtherance of ihese conditions:
(a) Any Owner (or any Occupant eapressly assuming liability hexeunder
on behalf of such Owner) shall within one hundred and tvventy (120) days after the end of such
Owner's (or Occupant's) f scal year, shall provide Declarant with a copy of its most recent annual
report, accompanied by a letter from its Chief Financial Officer, Assistant Treasurer, or Director of
Insurance, in form and substance reasonably satisfactory to Declarant, that confirrns that the Owner
(or Occupant) does not maintain insurance against general liabiIity or property claims or,
o alternativeI}r, ifthat insurance is maintained, that the 4wner (or Occupant) has elected to self-insure
the deductibles under the policy and has elected to seIf-insure claims in eacess of the policy's
maximum dollar lim2tation. That letter shall further confirm that the Owner (or Occupant) assumes
responsibility for the risks associated with self-insurance under a regular program of self-insurance.
. Upon the request ofDeclarant, the Owner (or Occupant) shall furnish Declarant with such additiona]
" information as Declarant may reasonably request to substantiate that the Owner (or Occupant)
maintains a regular program of self-insurance, that the Owner's (or 4ccupant's) net worih equals or
exceeds the amount required and that the Owner (or Occupant) is otherwise entitled to self-insure
(b) The Owner (or Occupant) shall promptiy notify Declarant in writing
in the event its net worth falls below the amount specified, or if the Owner (or Occupant) is required
to or elects to terminate its program of self-insurance for any reason whatsoever. That notice shall
be accompanied by a certificate of insurance from a ihird party 'insurance company which evidences
the existence of the insurance coverage required to be maintained pursuant to the terms of Section
Sections 8.' and 8.3.
ARTICLE 9.
Eminent Domain
9.1 Owner's Ri aht to Award. In the event of any exercise of eminent domain or transfer
in lieu thereof of any part of the Common Areas, the award attributable to the land and
improvements of such portion of the Common Areas shall be payable only to the Declarant and no
claim thereon shall be made by the other 4wners. Similarly, the award attributable to the land and
20
improvements on Building Areas shal} be payable only to the Owner in fee thereof and no claim
thereon shall be made by the Owners of any other portion of the Shopping Center. Division of the
avvard shall be in a proceeding or hearing separate from the valuation of the property tal:en in the
condemnation action.
9.2 Collateral Claims. Other Owners (i.e. other than Dzclarant) of the Common Areas
rnay file collateral claims with the condemning authority for their losses which are separate and apart
from the value of the land area and improvements taken from another Owner.
9.3 Restoration. The Owners and Declarant, as to any tak-ing affecting Building Areas or
the Common Areas, shall to the extent of their respective shares of the award, promptly repair and
restore the remaining portion of the bui Iding and Conunon Area, respectively, as near as practicable
to the condition of same immediately prior to such condemnation or transfer.
ARTICLE 10. Remedies
10.1 Force Maieure. The time for performance of any term, covenant, condition, or
agreement of this Declaration shall be extended by any period of Unavoidable Delays. In this
Declaration "Unavoidable Delays" means a cause beyond the reasonable control of the Owner
obligated to perform the applicable covenant, condition, or agreement under this Declaration and
shali include, without limiting the generality of the foregoing, delays attributable to acts of God,
another Owner, strikes, lockout, labor disputes, explosion, governmental restrictions, court
injunctions, riot, civil commotion, war, invasion, insurrection, sabotage, malicious mischief, inability
(notwithstanding good faith and diligent efforts) to procure, or general shortage of, labor, equipment,
- facilities, materials or supplies in the open market, failure of power, failure of transportation, fires,
epidemics, quarantine restrictions, freight embargoes, unusually severe weather for Spokane,
Washington, inability (notwithstanding good faith and diligent efforts) to obtain oovernmental
permits or approvals or delays of contractors or subcontractors due to such causes, and not caused
by any act or failure to act by the Owner thereby delayed in such performance, acts of a public
enemy and casualty, but shall not include delays attributable to financial difficulties of an Owner.
In the event any Owner intends to avail itself of this Section, it shall give written notice of such
intent tv the other Owners, such notice to be given not more than thirty (30) days after the date when
tlie prevention, interruption or delay caused by the Unavoidable Delay began.
10.2 Self Help and Lien Riehts. If any Owner shall default in the performance of an -
obligation of such Owner to another Owner, such other Owner shall. in addition to all other remedies
it may have at law or in equity, after fifteen (15) days prior written notice (except in the event of an
emergency), have the nght to perform such obligation on behalf of such defaulting Owner and be
reimbursed by such defaulting Owner for the cost thereof, together with interest at twelve per cent
(12%) per annum. A.ny such claim for reimbursement, together «-ith interest as aforesaid, shal] be
secured by a lien therefor and shall attach to the portion of the Shopping Center and improvernents
thereon owned by the defaulting Owner effective upon recording of a notice thereof in the Office of
the Auditor of Spokane County, Washington.
21
10.3 Iniunctive Relief. In the event of any violation by any Owner hereto or by any
Occupant of any pari of the Shopping Center of any of the terms, restrictions, covenants and
conditions provided herein, any of the Qwners, shall have in addition to the right to colleci damacres,
the right to ha~•e such violation enjoined by a court of competent jurisdiction. Prior to ihe
commencement of any such action, fifteen (15) days vvritten notice of the violation will be given to
all other 4wmers and to the Occupant(s) allegedly in violation.
10.4 Non-Terminable Declaration. No breach of the provisions of this Declaration shail
entitle any Owner to cancel, rescind or otherwise terminate this Declaration; but such limitation shall
not affect, in any majlner, any other rights or remedies which an~~ Owner may have hereunder by
reason of any breach of the provisions of this Declaration. .
10.5 Non-Waiver. No delay or omission of any Owner in the eaercise ofany right accruing .
upon any default of any other Ourner shall impair such right or be construed to be awaiver thereaf,
and every such right may be exercised at any time during the continuance of such default. A waiver
by any Owner of a breach of, or a default in, any of the terms and conditions of this Declaration by
any other Owner shall not be construed to be a waiver of any subsequent breach of or default in the
same or any other provision of this Declaration.
ARTICLE 11. Release Unon Sale of Interesr 11.1 Transfer of Interest. Any transferee, by lease, sale or otherwise, of any ownership or
possessory interest in any Tract (or portion thereo fl shall automatically, by acceptance of title to or
~ possession of such Tract (or portion thereofj, be deemed to have assumed all obligations of this
Declaration relating thereto to the extent of its interest in its Tract and to have agreed with the then
OvNmer or Owmers of all other Tracts in the Shopping Center to execute any and all instruments and
to do any and all things reasonably required to carry out this Declaration. If any 4wner shall transfer
its fee interest in a Tract, such Owner shall, upon the completion of such transfer, be relieved of all
further Iiability under this Declarat2on, except such liability as may have arisen during its period of
ownership or occupancy of the Tracts(s) so conveyed.
, ARTICLE 12.
Mortdaees and Estoppel Certificates
12.1 Morteaeee Protection. This Declaration, and the rights, priviJeges, covenants,
agreements and easements bereunder with respect to each Owner and Tract, shall be superior and
senior to any lien placed upon any Tract, including the lien of any mortgage or deed of trust.
Notwithstanding the foregoing, no breach hereof shall defeat, render invalid, diminish or impair the
lien of any mortgage or deed of trust made in good faith and for value, but all of the covenants and
restrictions, easements and conditions and other provisions, terms and conditions contained in this
Declaration shall be binding upon and effective against any Person (incJuding any mortgagee oi
' e•
beneficiary under a deed of trust) who acquires title to any Tract by fot'eclosure, trustee's sale, deed
in ]ieu of foreclosure or otherwise.
12.2 Subordination As To Encumbrance Whether Prior to Lien Claim or Not. Any lien
created pursuant to the provisions of Section 10.2 shall be subject and subordinate to the interest held
by any bona fide encumbrances under a mortgage, deed of trust or the holder of title under a sale and
leaseback arrangement (which mortgage, deed af trust or title is subject to no prior contractual
encumbrance securing payment of money), contracted in good faith and for fair value in connection
with financing on customary and usual terms with respect to the Tract which is the subject of the
claim of lien, regardless of the date of recordation or creation thereof.
12.3 Mortea¢ee Protection Extends to Sale and Leasebacks. For purposes ofthe mortgagee
protection prolTisions in this Article 12, a"sale and leaseback" lessor shall be entitied to the benefits
of the provisions of this Article 12 in the event that title to a Tract is transferred by the Owner
against whom a Iien is claimed, subject to no encumbrance securing an obiigation for payment of
money (other than a lien to secure payment of real estate taxes) and the Tract is leased back in its
entirety by the Owner against whom the lien is claimed, which Oxvner assumes in the ieaseback
arrangement full responsibility for performance of all obligations to be performed hereunder.
12.4 Estoppel Certificate. Each Owner agrees that upon wntten request (which shall not
be more frequent than three (3) times during any calendar year) of any other Owner, it will issue to
a prospective mortgagee or successor of such other Owner, or to such other Ovvner, an estoppei
certificate stating to the best of the issuer's knowIedge as of such date:
(a) wheiher the Owner to whom the request has been directed l-nows of
any default by the requesting Owner under this Declaration, and if there are known defaults,
- specifying the nature ihereof;
(b) whether this Declaration has been assigned, modified or amended in
any way (and if it has, then stating the nature and terms ihereof); '
(c) whether this Declaration is in full force and effect:
(d) the status of GAM Charges applicable to such Owner's Tract.
Such statement shaIl act as a waiver of any claim by the Owner furnishing it to the extent
such claim is based upon facts contrary to those asserted in the statement and to the eatent the claim
is asserted against a bona fide encumbrancer or purchaser for value without knowledge of facts to
the contrary of those contained in the statement, and who has acted in reasonable reliance upon the
statement houlever, such statement shall in no event subject the ONN•ner furnishing it to any liability
vvhatsoever, notwithstanding the negligent or othervvise inadvertent failure of such 0wner to disclose
correct andJor relevant information.
2 3
ARTICLE 13. •
Miscellaneous Provisions
13.1 Ivotices. AIl notices, demands, statements, and requests (each, a"notice") required
or perniitied to be given under this Declaration must be in writing and shall be deemed to have been
properly eiven or served as of the date hereinafter specified: (a) on the date of personal service upon
the Person to whom the notice is addressed or if such person is not available the date such notice is
left u'iih an identified person of suitable age and discretion at the address of the Person to whom it
is directed, (b) three (3) days after the date the notice is postmarked by the United States Post Office,
provided it is sent prepaid, registered or certified mail, return receipt requested, and (iii) on the date
the notice is delivered by a reputable professional courier sen•ice (including Federal Express,
Express Mail, DHL, Emery or similar operation) to the address of the Person to whom it is directed,
provided it is sent prepaid, return receipt requested. The addresses of the Owners shall be
established, from time to time, by notice given in the manner herein provided.
Each Owner shall have the right, from time to time, and at any time, upon at least ten (10)
days prior written notice thereof in accordance with the provisions hereof, to change its respective
address and to reasonably speci fy any other addresses within the United States of America; provided,
however, notvvithstanding anything herein contained to the contrary, in order for the notice of
address change to be effective it must actually be delivered. Refusal to accept delivery of a notice
or the inability to deliver a notice because of an address change which was nvt properly
communicated shall not defeat or delay the giving of a notice. -
13.2 Annroval Ri ehts. Unless otherwise herein provided, whenever approval or consent
(collectively "approval") is required, such approval shall not be withheld or delayed, except for a
. reason «rhich the party withholding consent believes, in good faith, to be a vaiid business reason.
r Unless provision is made for a specific time period, approval shall be given or withheId within thirty
(30) days of the effective date of a notice containing a request for approval. If a disapprovai is not
given x~~ithin the required time period, the requested Owner shall be deemed to have given its
approval. If an Owner shall disapprove, the reasons therefor shall be stated. Except with respect to
an approval given by lapse of time, all approvals and disapprovals shall be in writing.
13.3 Bindine Effect. All of the easements hereby granted, the restrictions hereby imposed,
and the covenants and other provisions herein contained shall create mutuai benefits and servitudes
upon the Tracts, running with the land, and shall be binding upon and inure to the benefit of the
Owners of the Tracts and their respective personal representatives, heirs, successors in interest, and
assigns.
13.4 Not a Public Dedication. N'othing contained in this Declaration shall be deemed to
constitute a gift or dedication of any portion of the Shopping Center to the general public or for the
benefit of the eeneral public or for any public purpose whatsoever, it being the intention of the
Declarant that this Declaration wiil be strictly limited to and for the purposes expressed herein.
13.5 No Third Partv Beneficiarv. The provisions of this Declaration are for the exciusive
benefit of the Oulners, their successors and assiens, and not for the benefit of any third Person, nor
24
shall this Declaration be deemed to have conferred any ricrhts, express or implied, upon any third
Person. It is expressly understood and agreed ihat no modification or amendment, in whole or in
_ part, shall require any consent or approval on the part of any Occupant or Permittee other than an
Qwner.
13.6 Modification/Terniination. This Declaration max-be amended, modified orterminated
at any time, but only by written consent of (i) the O«-ners of 70 % of the gross land area of the
Shopping Center and (ii) the Occupants of 70 % of the occupied main floor area of all buildings
Iocated u-ithin the Shopping Center.
13.7 Paraeranh Headinas for Convenience OnIv. The -A.rticle headings in this Declaration
are for convenience only, shall in no way define or iimit the scope or content of this Declaration, and
shall not be considered in any construction or interpretation of this Declaration or any part hereof.
13.8 Ne2ation of Partnership. Nothing in this Declaration shaIi be construed to mak-e the
parties hereto partners or joint venturers or render an Otitmer liable for the debts or obligations of
another Owmer.
13.9 No Meraer. This Declaration shall not be subject to the doctrine of inerger, even
though the underlyinc, fee ovvmership to the Tracts described herein, or any iwo of them, is vested
in one Owner.
13.10 Partial Invaiiditv. If any provision of this Declaration, or portion thereof, or the
application thereof to any Person or circumstances, shaIl, to any extent be hetd invalid, inoperative or unenforceable, the remainder of this Declaration, or the application of such provision or portion
. thereof to any other Persons or circumstances, sha11 not be affected thereby; and each provision of
" this Declaration shall be valid and enforceable to the fuilest extent permitted by law.
13.11 Governing, Law. This Declaration shall be construed in accordance with the laws of
the State of Washington.
13.12 Intemretation. If, from time to time, matters arise with respect to the administration
of the property which is subject to this Declaration which have not been contemplated by this
Declaration, or as to wh2ch, due to changes in circumstances, application of the provisions of this
a2,reement would bring about an unintended result, the parties ~vil] meet and negotiate in good faith
in an attempt to arrive at a solution which carries out tbe basic intention ofthis agreement and whieh
does not cause undue hardship to any party to this Declaration or to any Owner or Occupant of any
of the property.
13.13 Deleaation. The assignment ofany duty or obIigation herein to an Owneror Qccupant
shall not prevent the delegation by contract or otherv►►ise, of such duty or obligation to another;
25
. .
provided however, no such delegation sha1I release such Owner or Occupant from the responsibility
to perform the duty or obligation if the party to whom it has been delegated fails to do so.
DATED thisK7% day of 200t
ROMAa ASSOCIATES
By:
Ma< Spaldili~, er
By:
Robert A. Rosier, Partner
STATE OF WASHINGTON )
)ss.
Counry of Spokane )
I certify that I know or have satisfactory evidence that MAX SPALDING and ROBERT A.
ROSIER are the persons who appeared before me, and said persons aclanowledged that they signed
the instrument, on oath stated that they were authorized to execute the instrument and acknowledged
. it as the general parmers of ROM.AX ASSOCIATES, a Washington general partnership, to be the
free and voluntary act of such party for the uses and purposes mentioned in the instrument.
Dated: Mov, Gh Lo 20(A.
07tt-0
~ -~~i~~ Print Name: .-)Ye br1a S _ -DFn--r ~r
Notary PubIic in and for the State of Washington,
residing at
: P, : Commission Expires: DQ 64-
r►• -
.
` ~'`~'•-p
i
VV_t24`,283\00003iA1002-7 REA.wpd:lS
26
Exhibit A
Legal Description (Tracts 1-6)
TR4CT I:
Tracts 8, 9 and 10 of WARREN'S FIVE ACRE TRACTS according to the plat thereof recorded
in Volume "C" of Plars, Page SS in the County of Spokane, State of Washington;
EXCEPT the East 210.00 feet of said tracts.
AND EXCEPT the South 169.96 feet of said Tract 10.
TOGETHER WITH that portion of Tracts 11 and 12 of said plat described as follows:
Becrituiing at the Northeast corner of said Tract 12; thence S74°00'38"W aiong the north line of
said Tract 12 a distance of, 113.84 feet; thence S00°07' 13"E, a distance of 450.05 feet to its
intersection with the north line of the south 169.96 £eet of said Tract 11; thence S89°59'31 "E
aiong said line, a distance of 103.03 feet to the east line of said Tract 11; thence N00°39'00"E
along the east line of said Tra.cts I 1 and 12, a distance of 481.46 feet to the point of beginning.
Containing 276,962 square feet more or less.
TRACT 2:
_ Tracts 11 and 12 of WpRREN'S FNE ACRE TR.ACTS accordincy to the plat thereof recorded in
Volutne "C" of Plats, Page 58 in the County of Spokane, State of Vllashington;
EXCEPT the West 15 feet thereof conveyed to Spokane County for Arganne Road by instrument
recorded under Recording No. 506268B.
AND EXCEPT the South 169.96 feet of said Tract 1 I
AND EXCEPT that portion of said tracts described as foIlows:
Becrinning at the Northeast comer of said Tract 12; thence S74°00'38"W along the north line of
said Tract 12 a distance of, 113.84 feet; thence SO0°07' l 3"E, a distance of 450.05 feet to its
intersection with the north line of the south 169.96 feet of said Tract 11; thence S89°59'3 1"E
along said line, a distance of 103.03 feet to the east line of said Tract 11; thence N00°39'00"E
along the east line of said Tracts 1 l and 121, a distance of 481.46 feet to the point of beginning.
,
Containing 192,276 square feei more or tess.
•
TRACT 3:
. .4 parceI of land located in the Northtivest Quarter of Section 8, Tov►~nship 25 North, Range 44
East of the jN'iIlamette Meridian, in the County of Spol:ane, State of Washington, being in part a
portion of Tract 11 of WARREN'S FIVE ACRE TRACTS according to the plat thereof recorded
in Voiume "C" of Plats, Page 58 in the Spokane County Auditor's Office, being more particularly
described as follows:
Commencing at the Southeast corner of said Tract 11; thence N.00°39'00"E. along the East line
of said Tract, a distance of 33.50 feet to the Northerly margin of Montgomery Avenue per Right
of Way Deed recorded under Auditor's No. 4250862; thence Westerly along said Northeriy
margin the following three (3) courses; (1) thence N. 89`59'31 "W., a distance of 24.72 feet; (2)
thence S.38`49'09"W., a distance of 25.66 feet; (3) thence N.89°59'31 "W., a distance of 207.96
feet to the TRUE POTNT OF BEGINNING; thence continuing along said Northerly marain the
following three (3) courses; (1) N.89°5913I"W., a distance of 16.49 feet; (2) thence
N.$7008'04"W., a distance of 150.43 feet; (3) thence I`'.89°59'31"W., a distance of 34.69 feet to '
an angle point in the boundary of said margin; thence continuing N.89°59'31 "W., a distance of
135.85 feet; thence N.43°24'08"W., a distance of 41.95 feet to the Easterly margin of Argonne
Road according to instrument recorded under Auditors Nlo.506268B; thence N. 00°38'24"E.
along said Easterly margin, a distance of 118.49 feet to the North Iine of the South 169.96 feet of
said Tract; thence S.89°59'31 "E. along said line, a distance of 364.76 feet; thence S.00°00'00"W.,
a distance of 156.46 feet to the True Point of Beginning.
Containing 54,701 Square Feet, more or Iess.
TRACT a:
A parcel of Iand located in the Northwest Quarcer of Section 8, Tournship 25 North, Range 44
East of the Willamette Meridian, in the County of Spokane, Siate of Vt7ashington, being in part
portions of Tracts 10 and 11 of WARREN'S FIVE ACRE TR.ACTS according to the plat thereof
recorded in Voiume "C" of Plats, Page 58 in the Spokane County Auditor's Office, being more
particularly described as follows:
Commencing at the Southeast corner of said Tract 11; thence N.00`39'00"E. along the East line
of said Tract, a distance of 33.50 feet to the Northerly margin of Montgomery Avenue per Right
of Way Deed recorded under Auditor's No. 4250862 and TRUE P4INT OF BEGINNING;
thence S.89`59'31 "E. along said Northerly margin, a distance of 11.23 feet; thence
N.00°00'00"E., a distance of 136.46 feet to the North line of the South 169.96 feet of said Tracts
10 and 11; thence N.89°59'3 I"W. along said Norih Iine, a distance of 260.00 feet; thence
S.00000'00"W., a distance of 156.46 feet to said Ivortherly margin of Montgomery Avenue;
thence Easterty along said Northerly margin the following three (3) courses; (1) thence
S.89°59'31 "E., a distance of 207.96 feet; (2) thence N.38`49'09"E., a distance of 25.66 feet;
thence S.89`59'31 "E., a distance of 24.72 feet to the True Point of Beainning.
Containine 39,799 Square Feet, more or less.
TRACT 5: .
, .
~
A parcel of land located in the Northwest Quarter of Section 8, ToNvnship 25 North, Range 44
East of the VVillamette Meridian, in the Countv of Spol:ane, State of Washington, being in part a
portion of Tract 10 of WARREN'S FIVE ACRE TRqCTS according to the plat thereof recorded
in Volume "C" of Plats, Pacre 58 in the Spokane County Auditor's Office, being more particularly
described as follows: .
Commencing at the Southwest corner of said Tract 10; thence N.00°39'00"E. along the West Iine
of said Tract, a distance of 33.50 feet to the Northerly margin of Montgomery Avenue per Right
of Way Deed recorded under Auditor's No. 4250862; thence S.89`59'3 I"E. along said Northerly
margin, a distance of 11.23 feet to the TRUE POlNT OF BEGI?vNING; thence N.00°00'00"E., a
distance of 136.46 feet to the North line of the South 169.96 feet of said Tract; thence
S.89°59'31 "E. along said North line, a distance of 260.00 feet; thence S.00°00'00"W., a distance
of 169.96 feet to said Northerly niargin of Montgomery* Avenue; thence Westerly alon~ said
Northerly margin the folIo«ring six (6) courses; (1) thence N. 89`59'31 "W., a distance of 1.56
feet; (2) thence N00'00'29"E., a distance of 3.00 feet; (3) thence N.84°17'33"W., a distance of
105.73 feet; (4) thence N.89°59'31"W., a distance of 105.03 feet; (5) thence N.43°40'33"W., a
distance of 27.65 feet; (6) thence N.89°59'31 "W., a distance of 29.11 feet to the True Point of
Beginning.
Containing 40,479 Square Feet, more or less.
TI2ACT 6:
A parcel of land located in the Noi-thwest Quarter of Section S, Township 25 North, Range 44
East of the Willamette Meridian, in the County of Spokane, State of Washington, being in part a
- portion of Tract 10 of WA►RREN'S FIVE ACRE TR.ACTS according to the plat thereof recorded
in Volume "C" of Plats, Page 58 in the Spokane County Auditor's Office, being more particularly
described as follows:
Commencing at the Southwest corner.of said Tract 10; thence N.00°39'00"E. along the West line
of said tract, a distance of 33.50 feet to the Northerly margin of Montgomery Avenue per Right
of Way Deed recorded under Auditor's No. 4250862; thence S.89°59'31 "E. along said Nortiherly .
margin, a distanee of 11.23 feet; thence N.00°00'00"E., a distance of 136.46 feet to the North line
of the South 169.96 feet of said tract; thence S.89°59'31 "E. along said I`Torth line, a distance of
260.00 feet to the TRUE POINT OF BEGINNING; thence S.00°00'00"W., a distance of 169.96
feet to the Northerly margin of Montgomery Avenue; thence S.89°59'31 "E. along said Northerly
margin, a distance of 348.31 feet to the West line of the East 10 feet of said tract; thence
N.00°39'00"E. along said West line, a distance of 199.99 feet to the South line of the North 100
feet of said tract; thence N.90°00'00"W. along said South line, a distance of 200.00 feet to the
West ]ine of the East 210 feet of said tract; thence S.00°39'00"W. along said West line, a distance
of 30.00 feet to said North line of the South 169.96 r5eet of said tract; thence N.89°59'31 "W.
along said North line, a distance of 150.24 feet to the True Point of Beginning.
Containing 65,364 Square Feet, more or less.