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Mirabeau Point Declaration Covenants Conditions and Restrictions
Declaration of Covenants Conditions and Restrictions for Mirabeau Point • Declaration of Covenants Conditions and Restrictions for Mirabeau Point ill AIL MI I[ 4B kit) PAINT • DECLARATION OF COVENANTS CONDITIONS AND RESTRICTIONS FOR MIRABEAU POINT TABLE OF CONTENTS Page ARTICLE I - PURPOSE 1 ARTICLE II - DEFINITIONS 2 Section 2.1 Association 2 Section 2.2 Association Subarea 2 Section 2.3 Common Area 2 Section 2.4 Declarant 2 Section 2.5 Guidelines 2 Section 2.6 Improvements 2 Section 2.7 Lot 2 Section 2.8 Occupant 3 Section 2.9 Owner 3 ARTICLE III - ASSOCIATION POWERS AND DUTIES 3 Section 3.1 Powers and Duties 3 Section 3.2 Insurance 3 Section 3.3 Accounts 4 ARTICLE IV - REGULATION OF IMPROVEMENTS 4 Section 4.1 General 4 Section 4.2 Design Guidelines 4 ARTICLE V - MAINTENANCE 4 Section 5.1 .Maintenance 4 Responsibilities Section 5.2 Enforcement 5 •ARTICLE VI - PROPERTY RIGHTS 5 Section 6.1 Permitted Operations and Uses 5 Section 6.2 Easements 6 Section ' 6.3 Right of Entry 6 ARTICLE VII - ASSOCIATION 6 Section 7.1 Membership 6 Section 7.2 Voting 6 ARTICLE VIII - MAINTENANCE ASSESSMENTS 7 Section 8.1 Creation of Lien and Personal Obligation of Assessments 7 Section 8.2 Purpose of Assessments 7 Section 8.3 Annual Assessments 7 Section 8.4 Special Assessments 7 Section 8.5 Separate Rate of Assessment 8 Section 8.6 Date of Commencement of Annual Assessments; Due Date 8 Section 8.7 Duties of the Board of Directors 8 Section 8.8 Repair Assessment 8 Section 8.9 Effect of Non-Payment of Assessments 8 Section 8.10 Subordination to Lien if Mortgages 9 Section 8.11 Exempt property 9 ARTICLE IX - DECLARANT'S RESERVED RIGHTS TO PROPERTY9 Section 9.1 Extension of Covenants and Restrictions to Include Additional Property 9 Section 9.2 Withdrawal of Land 9 Section 9.3 Platting and Subdivision Restrictions 10 Section 9.4 Public Roads-- Easements 10 ARTICLE X - MISCELLANEOUS 10 Section 10.1 Term 10 Section 10.2 Termination and.Modification 10 Section 10.3 Assignment of Declarant's Rights and Duties10 Section 10.4 Mutuality, Reciprocity; Runs with Land 11 Section 10,5 Benefits and Burdens 11 Section 10.6 Notices 11 Section 10.7 Singular and Plural 12 Section 10.8 Enforcement 12 Section 10.9 Failure to Enforce Not Waiver of Rights 12 • Section 10.10 Constructive.Notice 12 Section 10.11 No Waiver 12 Section 10'•12 Captions 12 EXHIBITS EXHIBIT A •Legal Description of Mirabeau Point EXHIBIT B Articles of Incorporation Mirabeau Point Association EXHIBIT C Mirabeau Point Design Guidelines and Concept Master Plan • Declaration of Covenants, shall also maintain membership in the Conditions, and Restrictions Mirabeau Point Association. Each separate association subarea CC&Rs shall for Mirabeau Point be consistent with the provisions herein. This Declaration, made this day of 1.2 In order to insure the proper December, ,1999 by. Inland Empire Paper development and use of Mirabeau Point Company, a Washington corporation,, and to provide a mechanism for the (hereinafter"Declarant").The Declarant is the establishment and maintenance of the owner of certain real property in the County of irrigated, landscaped median, and street Spokane, State of Washington, described in lighting in Mirabeau Parkway, declarant Exhibit A which is attached hereto and by has formed the Mirabeau Point reference made a part hereof (hereinafter Association. "Mirabeau Point"). Mirabeau Point is comprised of lots, parcels, sites, (platted or 1.3 Mirabeau Point is a mixed-use project unplatted) which shall be held, transferred, which has been master planned and zoned sold, conveyed, leased, and occupied subject to accommodate a wide variety of uses to the covenants, conditions, restrictions, within a 229 acre campus-like setting. charges and liens (sometimes referred to as There are many potential uses envisioned. "CC&R's") hereinafter set forth. These CC&Rs shall be utilized to ensure that each individual project within Mirabeau Point meets the standards ARTICLE I contained in the Mirabeau Point Design PURPOSE Guidelines December 1999, and the Concept Master . Plan, March 1999 1.1 In order to establish a general plan for (Exhibit C) and these CC&R's. the improvement and development of Mirabeau Point, Declarant desires to 1.4 Other governmental codes and impose on it mutual,beneficial covenants, regulations prescribe legal standards to conditions and restrictions for the benefit regulate development. Provisions in the of all the lands in Mirabeau Point and for Spokane County Zoning Code must be the benefit of Declarant and the future complied with, as well as the condition of owners of those lands. It is the intent that approval for the Mirabeau Point zone these CC&R's will ensure that Mirabeau change County File No.ZE-37-96. In the Point will be developed and maintained as event of specific conflicts between the an attractive, quality business, CC&R's, and governmental codes and educational, cultural,: and recreational regulations, the most restrictive shall center. Each major use area may form a control. separate association subarea and develop CC&Rs to address individual needs and 1.5 Declarant hereby declares that common areas. However, each lot or Mirabeau Point shall be subject to these parcel owner within each separate CC&R's for the benefit of all property • :association subarea of Mirabeau .Point Declaration of Covenants, Conditions, 1 12!16/99 and Restrictions for Mirabeau Point within Mirabeau Point. Each parcel Mirabeau Point, which is the landscape within Mirabeau Point shall be held, median and street lighting in Mirabeau improved and conveyed subject to these Parkway. Other common areas may be. covenants which shall be enforceable in defined as each association subarea is accordance with this Declaration. established with separate control set forth in CC&Rs for each of the MAS separate associations. ARTICLE II DEFINITIONS 2.4 "Declarant" shall mean and refer to Inland Empire Paper Company, its The following words, when used in these successors and assigns, and include any CC&R's shall have the following meanings: person or entity to which Declarant may assign its rights, privileges, duties and 2.1 "Association" shall mean and refer to obligations hereunder, which rights, • the Mirabeau Point Association, a privileges, duties and obligations are and Washington State non-profit corporation. shall be assignable. These are the CC&R's to which the Articles of Incorporation (hereinafter 2.5 "Design Guidelines" shall mean and referred to as the "Articles") in Exhibit B, refer to the quality and character and By-Laws (hereinafter referred to as specifications prepared for Declarant by the "By-Laws") of the Association make Ramm Associates, Inc. dated December reference. • 1999 and included in Exhibit C of these CC&Rs.. 2.2 "Association Subarea" (MAS) shall be a legally defined area within Mirabeau 2.6 "Improvements" shall mean and Point for which a separate association and refer to any man-made changes in the CC&Rs are established. Each MAS shall natural condition of the land including,but have control, responsibility and liability not limited to, structures and construction for it's ownership area, including any of any kind, whether above or below the common areas and landscape areas within land surface such as any building, fence, street border easements and within it's wall, sign, addition, alteration, water,. ownership area. Each lot or property sewer, drain disposal, road, paving, owner within a MAS shall also be a utilities, grading, landscaping, signs and member of the Mirabeau Point exterior illumination and shall not be Association and be subject to the CC&Rs limited to any changes in any exterior established herein. color or shape and any new exterior construction or exterior improvement. 2.3 "Common Area" shall mean and refer to all real and/or personal property 2.7 "Lot" shall mean and refer to any which the Association and/or the unplatted parcel or platted lot of the Declarant owns or has an interest in for Property in Mirabeau Point together with the common use of the members of any and all improvements thereon. • Declaration of Covenants, Conditions, 2 12/16/99 and Restrictions for Mirabeart Point • South Business Park, which is 2.8 "Occupant" shall mean and refer to approximately 109 acres, and is shown as any person or organization which has area 2. occupied, purchased, leased, rented or is The Association Subareas may add adjacent otherwise Iicensed or legally entitled to properties to their area,and there may be more occupy and/or use any Lots or subareas than identified above. Each MAS Improvements)on the Property(whether must first be approved by the Declarant and/or or not such right is exercised), as well as Mirabeau Point Association, and be made their heirs, assigns, and successors in subject to these CC&R's. interest. ARTICLE III 2.9 "Owner" shall mean and refer to the ASSOCIATION POWERS AND DUTIES record owner, whether one or more partners, person, trusts, corporations, or 3.1 Powers and Duties. The Association other entity, of the fee simple interest to a shall have the following powers and Lot or any other portion of the Property, duties: including contract sellers(but not contract (A) To amend the CC&Rs as purchasers) their heirs, successors, hereinafter provided. personal representatives or assigns. An (B) To ensure that each owner may, upon written notice to the Association Subarea (MAS) CC&Rs Declarant and/or association,assign all or are consistent with the intent of the part of his rights, but not his duties Mirabeau Point Design Guidelines and hereunder, to the owner's tenant. the provisions herein. (C) To adopt a schedule for 2.10 The"Property"shall mean Mirabeau completing the irrigation and Point and refer to the real property landscaping improvements within the described in Exhibit A and any portion Mirabeau Parkway median and the thereof, and any and all improvements street lighting. thereon and additions thereto. The (D) To establish and maintain "Property". is shown in Exhibit C improvements within the Mirabeau Conceptual Master Plan, and it includes Parkway median and street lighting. the following Mirabeau Association (E) To adopt a schedule of Subareas (MAS): assessments, establishment and maintenance of improvements within • Mirabeau Point Community Complex the Mirabeau Parkway median and the which is approximately 70 acres, and is street lighting and for the insurance shown as areas 3(cultufallcivic center and and administrative costs of the senior center), 4 (YMCA), and 5 (public Association. park and Mirabeau Trails). • North Business, Park, which is 3.2 Insurance. The Association shall approximately 50 acres, and is shown as cause to be maintained hazard insurance area 1. and liability insurance with respect to the Declaration of Covenants, Conditions, 3 12/16/99 and Restrictions for Mirabeau Point Common Area (Mirabeau Parkway 4.2 Design Guidelines for Mirabeau median), and any other areas that are Point. All Improvements shall be in under the supervision and ownership of accordance with the Design Guidelines for the Association. The limit of Mirabeau Point (Exhibit C), except that comprehensive general liability insurance Mirabeau Point Inc.MAS(non profit area shall provide coverage of at least and parks) shall comply with $1,000,000 for bodily injury and property Implementation Plan dated June 1999 damage for any single occurrence, . which is incorporated herein by this covering bodily injury and' property reference, as if fully set forth. damage resulting from the operation, maintenance,or use of the Common Area and any legal liability resulting from ARTICLE V lawsuits related to employment contracts MAINTENANCE to which the Association may be a party. The Association shall also cause to be 5.1 Maintenance Responsibilities. maintained officers and directors Owners and Occupants of any Lot shall, coverage. jointly and severally, have the duty and responsibility, at their sole cost and 3.3 Accounts. The Association shall expense, to keep that part of Mirabeau establish and maintain accounts for Point owned or occupied, including banking to handle financial obligations at buildings, improvements, and grounds in a bank located in Spokane County, and connection therewith, in a well- shall maintain accounting of all financial maintained, safe, clean and attractive records. condition at all times. Such maintenance includes, but is not limited to, the ARTICLE IV following: REGULATION OF IMPROVEMENTS (A) Removing promptly all litter, trash, 4.1 General. No Improvement shall be refuse and wastes; commenced,erected,constructed,altered, (B) Mowing of lawn no less often than or maintained upon any Lot,nor shall any when the grass is more than five (5) change or alteration thereon or thereof be inches high; if the Property is made, nor any subdivision, plat or replat unimproved, weeds, must be kept cut be filed at the Spokane County Auditor's below twenty-four (24) inches, and Office, which is inconsistent with these noxious weeds must be eliminated; CC&R's and/or the CC&Rs of the (C) Pruning of trees and shrubbery; appropriate MAS Asssociation. The (D) Watering and fertilizing; CC&R's for each MAS must be approved (E) Keeping exterior lighting,signs,and by the-Declarant and/or Association and mechanical facilities in working order; filed at the Spokane County Auditor's (F) Keeping lawn and landscaped areas Office. alive, free of weeds and attractive; (0) Keeping parking areas, driveways • Declaration of Covenants, Conditions, 4 12/16/99 and Restrictions for Mirabeau Point and roads in good repair; within thirty (30) days after receipt of a (H) Complying with all governmental, statement for such work from the health, police and fire requirements, Association, then said indebtedness shall. statutes and regulations; be a debt of all of said persons jointly and (I) Striping and sealing of parking and severally, and shall constitute a lien driveway areas; against the Lot on which said work was (J) Daring construction, it shall be the. performed. Such lien shall have the same responsibility of each Lot Owner to attributes as the lien for assessments and insure that construction site are kept special assessments set forth in Article free of unsightly accumulations of VIII and the Declarant andfor Association rubbish and scrap materials, and that shall have identical powers and rights in construction materials,trailers,shacks all respects including, but not limited to, and the like are kept in a neat and the right of foreclosure. • orderly manner; (K) Owner shall clean up mud and dirt tracked onto streets during ARTICLE VI construction; PROPERTY RIGHTS (L) Keeping all site irrigation and drainage systems in good repair and . 6.1 Permitted Operations and Uses. All working order. of the building sites with the exception of the Mirabeau Point community center 5.1 Enforcement. If any owner or MAS (non profit area and parks) are occupant shall fail to maintain their lot as intended to be used for office, light required herein,the Association may give industrial, research and development, written notice to the owner and MAS limited commercial, recreational and Association and such failure shall be business uses . of a kindred nature, remedied within 10(ten)days of receipt of including accessory or directly related the notice. Should any such owner, services in compliance with all ordinances occupant or MAS fail to fulfill this duty of Spokane County. Unless otherwise and responsibility within such period,then specifically prohibited by the governing the Association, through its authorized municipal and regulatory agencies, the agents, shall have the right and power to Design Guidelines or this Declaration,any enter onto the premises and perform such operation and use,as described above,will care and maintenance without any liability be permitted if it is performed or carried for damages for wrongful entry, trespass out entirely within a building that is so or otherwise to any person. The Owners designed and constructed that the enclosed and Occupants for which such work is operations and uses do not cause or performed shall jointly and severally be produce a nuisance to adjacent sites such liable for the cost of such work and shall as, but not limited to, vibration, sound, promptly reimburse the Association for electromechanical disturbance and such cost. If such Owner or Occupant radiation, discharge of waste materials, shall fail to reimburse the Association electromagnetic disturbance,radiation,air Declaration of Covenants, Condition., 5 12/16/99 and Restrictions for Mirabeau Point or water pollution, dust emission of such locations, to carry out any of the odorous, toxic or non-toxic matter. All purposes for which such easements, excessive lighting is tobe shielded and reservations, and rights-of-way are confined within property lines. Unusual reserved. traffic hazards or congestion shall not be permitted. Further, no noxious or 6.3 Right of Entry. The Association, offensive trade,service or activity shall be through its duly authorized employees and permitted contractors, shall have the right after reasonable notice to the Owner thereof,to 6.2 Easements enter any Lot or other property subject to (A) Easements for installation and this Declaration at any reasonable hour on maintenance of utilities and drainage any day to perform such inspection and/or facilities shall be shown on any maintenance as may be authorized herein. recorded subdivision plat or binding site plan. Within these easements, no structure, planting, or other material ARTICLE VII shall be placed or permitted to remain ASSOCIATION which may damage or interfere with the installation and maintenance of 7.1 Membership. Every person or entity utilities, or which may damage, who is a record fee simple Owner of a Lot interfere with,or change the direction in Mirabeau Point,including the Declarant of flow of drainage facilities in the at all times as long as it owns all or any easement. The easement area of each part of the Property subject to this Lot and all Improvements therein shall Declaration shall be a member of the be continuously maintained by the Association, provided that any such Owner of such Lot, except for person or entity who holds such interest -- Improvements for maintenance of only as security for the performance of an which a public authority or utility obligation shall not be a member. When company is responsible. one or more persons or entities holds fee (B)No Improvement of any kind shall be simple title to any part of the Property,all built, erected, or maintained on any such persons or entities shall be members such easement, reservation, or right- but voting power is limited as provided in of-way, and such easements, the Articles. Membership shall be . reservations,and rights-of-way shall at appurtenant to, and may not be separated all times be open and accessible to from, the ownership of any Property. public and quasi-public utility corporations, theif employees and 7.2 Voting. Voting rights in the contractors,and shall also be open and Association shall be as are set forth in the accessible to the Association all of ,Articles of Incorporation of the whom shall have the right and Association. privilege of doing whatever may be necessary in, on, under, and above Declaration of Covenants, Conditions, 6 12/16/99 and Restrictions for Mirabeau Point ARTICLE VIII management, maintenance and MAINTENANCE ASSESSMENTS supervision thereof by, the Association; 8.1 Creation of the Lien and Personal (2) payment of insurance premiums; Obligation of Assessments. Each Owner (3) usual and necessary expenses for of any lot, (by acceptance of a deed of enforcement of these CC&R's and such portion of the Property, whether or administration of the Association. not it shall be so expressed in any such deed or other conveyance) including any 8,3 Annual Assessments. Except as purchaser at a judicial sale, shall be hereinafter provided, the annual deemed to covenant and agree to pay to assessment, excluding any special the Association any annual assessments or assessment, shall be set by a two-thirds charges,and any special assessments to be affirmative (2/3) vote of the Board of fixed,established and collected from time Directors of the Association. The amount to time as hereinafter provided. All such of the annual assessment shall be based on assessments, together with interest a prorata share for each member which is thereon,from the due date at the rate of I2 determined by the Board of Directors in percent per annum and costs of collection accordance with the projected financial thereof (including reasonable attorney's needs of the Association. The decision of fees), shall be a charge on the property the Board of Directors of the Association owner and shall be continuing lien upon as to such amount shall be final. the property against which each such assessment is made, and shall also be the 8.4 Special Assessments. In addition to personal obligation of the Owner. No any annual assessments, the Association Owner of a Lot or property within a may levy in any assessment year a special Mirabeau Point may waive or otherwise assessment, applicable to that year only, escape liability for the assessments for the purpose of defraying, in whole or provided for herein by non-use of the in part, the cost of any construction, Property or by abandonment. reconstruction, unexpected repair or replacement of a capital improvement as 8.2 Purpose of Assessments. The annual approved by the Board of Directors of the and special assessments levied by the Association, or to make up the difference Association shall be used exclusively for: between actual operating costs and the annual assessment provided that any such (1) the establishment and maintenance of assessment shall have the assent of a the irrigation and landscaping in the majority of the votes of the Association median,and street lights in Mirabeau members who are voting in person at a Parkway,together with any easement meeting duly called for this purpose. in favor of the Association, for the Written notice of which shall be sent to all maintenance' and replacement of Association members at least thirty (30) irrigation, landscaping and lighting days in advance and shall set forth the within the public rights-of-way, purpose of the meeting. Declaration of Covenants. Conditions, 7 12/16/99 and Restrictions for Mirabeau Point 8.5 Separate Rate of Assessment. All paid. regular and special assessments shall be _ set at a separately defined prorata rate for 8.8 Repair Assessment. If in the process each property within Mirabeau Point. of construction upon any Lot or other Property or in the making of any 8.6 Date of Commencement of Annual Improvement, the Owner, its employees, Assessments; . Due Date. The agents or independent contractors cause assessments for which provision is herein damage to any dedicated roads, irrigation made shall commence on the date or dates system, landscaping, and street lights, or (which shall be the first day of a month) to any other property within Mirabeau fixed by the board of Directors of the Point, the Owner shall be responsible for Association to be the date of such damage. If the Association, either commencement. The due date of any voluntarily or involuntarily,makes repairs assessment shall be fixed in the resolution or otherwise cures the damage caused by authorizing such assessments, and any the Owner, its employees, agents, or such assessment shall be payable in independent contractor, the Owner shall advance in monthly, quarterly, be obligated to reimburse the Association semiannual, or annual installments, as for all expenses the Association incurred determined by the Board. in curing the damage. Such amount shall be treated as a special assessment and the 8.7 Duties of the Board of Directors. At Association shall have all rights and least thirty(30)days before an assessment powers as provided in this Article. due date, the Board of Directors of the Association shall determine the date of 8.9 Effect of Non-Payment of commencement and the amount of the Assessment: The Lien, the Personal assessment against each Association Obligation, Remedies of Association. - member for each assessment period, In The lien of the Association upon the Iot or addition, at such time the Board of property of an Association member shall Directors shall prepare a roster of the be evidenced by recording, in the Public Association assessments which shall be Records of Spokane County,Washington, kept in the office of the Association and a claim of lien stating the description of shall be open to inspection by any the Lot encumbered thereby, the name of Association member. Written notice of the Owner,the amount and date when due. the assessment shall be sent to every Such claim of lien include not only Association member subject thereto not assessments which are due and payable later than ten (10) days after fixing the when the claim of lien is recorded, plus date of commencement. The Association interest,costs,attorney's fees,advances to shall upon demand, furnish to any pay taxes and prior encumbrances and Association member liable for said interest thereon, but also such claim of assessment a certificate in writing signed lien shall include such additional by an officer of the Association, setting assessments which accrue from the first forth whether said assessment has been non-payment to which the claim of lien Declaration of Covenants, Conditions, 8 12/16/99 and Restrictions for Mirabeau Point . relates to the entry of a judgment in favor Lot pursuant to a decree of foreclosure of of the Association with respect to such such mortgage. No sale or the transfer lien. Such claims of lien shall be signed shall relieve any Lot from liability for any. and verified by an officer or agent of the assessment thereafter becoming due, nor • Association. Upon full payment of all from the lien of any such subsequent sums secured by such claim of lien, the assessment. The written representation of same shall be satisfied of,record. If the the Association that the lien is subordinate assessmentis not paid within thirty (30) to a mortgage shall be dispositive of any days after the delinquency date, which questions of subordination. shall be set by the Board of Directors of the Association,the assessment shall bear 8.11 Exempt Property. The Board of interest from the date due at the rate of Directors shall have the right to exempt twelve percent (12%) per annum, and the any Lot subject to this Declaration from Association may at any time there after the assessments, charge and lien created bring an action to foreclose the lien herein provided that such lot exempted is against the Lot(s) in like manner as a used (and as long as it is used) for an foreclosure of a mortgage on real property, easement or right of way, therein and/or a suit on the personal obligation dedicated and accepted by the local public against the Owner(s), and there shall be authority and devoted exclusively to added to the amount of such assessment public use. the cost of preparing and filing the complaint in such action including a reasonable attorney's fee,and in the event ARTICLE IX a judgment is obtained, such judgment DECLAARANT'S RESERVED RIGHTS shall include interest on the assessment as TO PROPERTY above provided and a reasonable attorney's fee to be fixed by the Court, 9.1 Extension of Covenants, Conditions together with the cost of the action. and Restrictions to Include Additional Property. The Declarant or Association 8.10 Subordination to Lien of Mortgages. may, at any time, make, subject to these The lien of the assessments for which Protective Covenants and Restrictions, provision is herein made,as well as in any other properties now or hereafter owned other Article of this Declaration, shall be by the Declarant, or subsequent subordinate to the lien' of any first purchasers,by executing an instrument in mortgage to a federal or state chartered writing applying these Covenants, bank, life insurance company, federal or Conditions and Restrictions to such other state savings and loan' association, real properties and by recording the instrument estate investment trust,retirement fund or in the Public Records of Spokane County, institutional mortgage company. Such Washington. subordination shall apply only to the assessments whichhave become due and 9.2 Withdrawal of Land. Declarant may, payable prior to a sale or transfer of such but shall have no obligation to, withdraw Declaration of Covenants, Conditions, 9 12/16/99 and Restrictions for Mirabeau Point at any time or from time to time portions same)free and clear of these CC&R's and of the land described in Exhibit A to dedicate the same to public use or to provided only that the withdrawal of lands grant the same to any governing municipal as aforesaid shall not, without the joinder or regulatory authority, including any or consent of a majority of the Members appropriate public utility corporations. of the Association, materially increase to prorata . share of expenses of the Association payable by the Owners ARTICLE X remaining subject hereto after such MISCELLANEOUS withdrawal. The withdrawal of lands as aforesaid shall be made and evidenced by 10.1 Term.This Declaration, every filing in the Public Records of Spokane provision thereof,and every covenant, County, Washington, a supplementary condition, restriction and reservation Declaration with respect to the lands to be contained herein shall continue in full withdrawn. Declarant reserves the right to force and effect in perpetuity from the so amend and supplement this Declaration date hereof, unless and until without the consent or joinder of the terminated as provided in Section 10.2 Association or of any Owner and/or hereof. mortgagee of land in Mirabeau Point. 10.2 Termination and 9.3 Platting and Subdivision Modification. This Declaration, or Restrictions. The Declarant as to any provision hereof,or any covenant, property owned by Declarant, shall be condition or standard contained entitled at any time and from time to time, herein, may be terminated, extended, to plat and/or re-plat all or any part of the • modified or amended, as to the whole Property, and to file subdivision, or of said Property or any portion binding site plan restrictions and/or thereof, by 75% of the votes at a amendments thereto with respect to any meeting of the Association(excluding undeveloped portion or portions of the mortgagees and the holders of other Property.' security devices who are not in possession and lessees). No such 9.4 Public Roads — Easements. The termination, extension, modification Declarant as to property owned by the or amendment shall be effective until. Declarant, reserves the right from time to a proper instrument in writing has time hereafter to delineate, plat, grant or been executed and acknowledged and reserve within Mirabeau Point such recorded in the Public Records of public streets,roads, sidewalks,ways and Spokane County, Washington. appurtenances thereto,and such easements for drainage and public utilities, as it may • 10.3 Assignment of Declarant's deem necessary ;.or desirable for the Rights and Duties. Any and all of the development of Mirabeau Point(and from rights, powers and reservations of the time to time to change the location of the Declarant herein contained may be Declaration of Covenants, Conditions, 10 11/16099 and Restrictions for Mirabeau Point assigned to any person,corporation or automatically be released from such association which will assume the responsibility. duties of the Declarant pertaining to the particular rights, powers and 10.4 Mutuality,Reciprocity; Runs reservations assigned, and upon any with Land. All covenants, such person, corporation or restrictions, conditions and association evidencing its consent in agreements contained herein are made writing to accept such assignment and for the direct, mutual and reciprocal assume such duties, he or it shall, to benefit of each and every Lot and the extent of such assignment, have other Property,shall create reciprocal the same rights and powers and be rights and obligations •between all subject to the same obligations and grantees of said Lot and other duties as are given to and assumed by Property, their heirs, successors, Declarant herein. If at any time the personal representatives and assigns; Declarant ceases to exist and has not and, shall, as to the Owner of each made such an assignment,a successor Site, his heirs, successors, personal Declarant may be appointed in the representatives and assigns,operate as same manner as these Covenants and covenant running with the land for the Restrictions may be terminated, benefit of all other Sites. extended, modified or amended hereunder. The Declarant may from 10.5 Benefits and Burdens. The time to time delegate any or all of its terms and provisions contained in this rights, powers, discretion and duties Declaration of Protective Covenants hereunder to such agents and it may and Restrictions shall bind and inure nominate. It may also permanently to the benefit of the Declarant, the assign any or all of its powers and Owners, the Owners of additional duties(including discretionary powers Property made subject to this and duties), obligations, rights, title, Declaration of Protective Covenants easements and estates reserved to it by and Restrictions and their respective this Declaration to any one or more heirs, successors, personal corporations, associations or persons representatives and assigns. that will accept the same. Any such assignment shall be in writing and 10.6 Notices. Any notice required ,recorded in the Public Records of or permitted herein shall be in writing Spokane County,Washington and the and mailed, postage prepaid by assignee shall join therein for the registered or certified mail, return purpose of evidencing its acceptance receipt requested and shall be directed of the same. Such assignee shall as follows: If intended for a MAS(A) thereupon have the same rights, title, to the address of the MAS powers, obligations, discretion and • Associaiton; (B); if the MAS duties as are herein reserved to the Association is not formed, to the Declarant and the Declarant shall address set forth in the purchase and Declaration of Covenants, Conditions, 11 12/16/99 and Restrictions for Mirabeau Paint sale contract; or (C) if none of the deemed to be a waiver of the right to foregoing,to the last known address of do so thereafter nor of the right to the Owner. If intended for Declarant, enforce any other Covenant :or to the address as set forth herein. Restriction. 10.7 Singular and Plural. Words 10.10 Constructive Notice and used herein, regardless of the number Acceptance. Every person whonow and gender specifically used, shall be or hereafter ovens or acquires any right deemed and construed to include any title or interest in or to any portion of other number, singular or plural, and said Property and/or MAS is and shall any other gender,masculine,feminine be conclusively deemed to have or neuter, as the context requires. consented and agreed to every covenant, condition and restriction 10.8 Enforcement. The contained in the instrument by which Association shall have the exclusive such person acquired an interest in right to enforce, by any proceeding at said Property. law or in equity, all restrictions, conditions, covenants, reservations, 10.11 No Waiver. All of the liens and charges now or hereafter conditions,covenants,restrictions and imposed by these CC&Rs against any reservations contained in this person or persons violating or Declaration of Protective Covenants attempting to violate any covenant. and Restrictions shall be construed The prevailing party in any such together, but if it shall at any time be proceeding shall be entitled to an held that any one of said conditions, award of attorney's fees, expert fees covenants, restrictions and and other costs. reservations, or any part thereof is invalid, or for any reason becomes 10.9 Failure to Enforce Not a unenforceable, no other conditions, Waiver of Rights. Any waiver or covenants, restrictions and failure to enforce any provision of reservations or any part thereof shall these Covenants and Restrictions in a be thereby affected or impaired. particular situation shall not be deemed a waiver or abandonment of 10.12 Captions. The captions, such provision as it may apply in any section numbers and article numbers Other situation or to the same or appearing in these Protective similar situation at any other location Covenants and Restrictions are in Mirabeau Pdint or any other inserted only as a matter of provision of these Covenants. The convenience and in no way define, failure of Declarant, and/or limit,construe or describe the scope or Association or any Lot Owner to intent of such sections or articles of enforce any Covenant or Restriction these Protective Covenants and herein contained shall in no event be Restrictions nor in any way modify or- Declaration of Covenants, Conditions, 12 12/16/99 and Restrictions for Mirabeau Point affect these Protective Covenants and Restrictions. 10.13 Severability. Invalidation of any one of these Covenants and Restrictions by judgment or court order shall in no way affect any other provision which shall remain in full force and effect. Declaration of Covenants, Conditions, 13 12/16/99 and Restrictions for Mirabeau Point IN WITNESS WHEREOF, the Declarant has caused these presents to be executed as required by law on the day and year first above written. Witnesses: INLAND EMPIRE PAPER COMPANY (.,c4efr �. BY: aEs1J T BY: (SEAL) STATE OF WASHINGTON ) ) SS: COUNTY OF SPOKANE ) I certify that I know or have satisfactory evidence that )C ,W( , �h�l,;,�s the person who appeared before me, and said person acknowledged that Wshe was authorized to sign this instrument as an officer of INLAND EMPIRE PAPER COMPANY, and acknowledged it to be the free and voluntary act of such entity, for the uses and purposes mentioned in the instrument. DATED: iDa'niJ) , 1999. � /2/ kr/2(1.JVA Notary Public My Commission Expires: a y C ``,1+P111�1R1�1it,/ ei 44c�'�O!ARYk � ,nom PUBLtiC' .. Declaration of Covenants, Conditions, 14 12/16/99 and Restrictions for Mirabeau Point EXHIBIT A Legal Description for Mirabeau Point i • EXHIBIT A LEGAL DESCRIPTION FOR MIRABEAU POINT That part of the South half of Section 3, Township 25 North, Range 44 East, W.M., described as follows: BEGINNING at the South quarter corner of said Section 3, thence South 89°27'56" East, along the South line of said Section 3, 1064.99 feet to the Meander Corner; thence North 78°53'36" West, 218.01 feet to a point on the North right of way of Euclid Avenue and the Southwesterly right of way line of the Inland Empire Paper Company Railroad the True Point of beginning; thence on said Euclid Avenue right of way line the next two courses: North 89027'56" West, 850.87 feet and South 89°58'18" West, 1040.66 feet to a point 290.00 feet East of the West line of the East half of the Southwest quarter of said Section 3;thence North 0°29149"West,parallel to and 200.00 feet distance from said West Iine of the East half of the Southwest quarter, 1246.07 feet to the South boundary of a tract of land conveyed to Washington Water Power and recorded in Book 765 of Deeds, Pages 354, 355, 356; thence North 69040116" East, along said South boundary, 97.60 feet; thence south ' 73°11'13" East,74.03 feet to station 132+65.02 P.T. on said Southwesterly right of way lien of the I.E.P. Co.' RR; thence South 57°55°20" East, along said right of way line 1338.37 feet to station145+03.39 P.C.; thence 826.32 feet, along the arc of a 2271.57 feet radius curve to the right, to the True Point of Beginning; TOGETHER WITH Government Lot 2; the Southwest quarter of the Northeast quarter; the Northeast quarter of the Northwest quarter; the East 20 rods of the Northwest quarter of the Northwest quarter; and that portion of the North half of the Southeast quarter lying Northerly of the Northerly right of way line of the Spokane International Railway;in Section 10,Township 25 North, Range 44 East,W.M.; TOGETHER WITH all of Government Lots 4,5 and 6 lying Northerly of the Northerly right of way line of the Spokane International Railway in Section 11,Township 25 North,Range 44 East, W.M.; EXCEPT for those portions of the above described property conveyed as follows: 1. To Spokane County for Mirabeau Parkway by deeds recorded June 18, 1998 and November 9, 1998 under Recording Nos. 4233843 and 4291013; 2. To Washington State Parks and Recreation Commission by deeds recorded August 25, 1988 and October 20, 1999 under Recording Nos. 8808250252 and 4423184; 3. To the YMCA of the Inland Northwest by deed recorded October 20, 1999 under Recording No. 4423185; 4. To the Nature Conservacy, a District of Columbia Non-Profit Corporation by deed recorded April 2, 1993 under Recording No. 9304020173; and 5. To Barbara Jo Richards, a single woman,by deeds recorded January 14, 1994 and Octoer 1, 1998 under Recording Nos. 9401140541 and 4275850; Situate in the County of Spokane, State of Washington. 4 • • - I EXHIBIT B Articles of Incorporation for Mirabeau Point Association• • ARTICLES OF INCORPORATION OF MIRABEAU POINT ASSOCIATION We, the undersigned, hereby associate ourselves together for the purpose of forming a nonprofit corporation under RCW Chapter 24.03, as follows: ARTICLE I. NAME The name of this corporation is MIRABEAU POINT ASSOCIATION (the "Association"). ARTICLE II. PURPOSES The purposes for which the corporation is organized are as follows: A. To promote the health, safety and general welfare of the owners of property within that area referred to as Mirabeau Point in the Declaration of Protective Covenants Conditions and Restrictions for Mirabeau Point to be recorded in the Public Records of Spokane County, Washington (the "Declaration"). B. To establish,maintain,repair and replace the general median landscaping, irrigation, and lighting within Mirabeau Parkway, and other improvements in and/or benefiting Mirabeau Point for which the obligation to maintain and repair has been delegated and accepted. C. To coordinate the general appearance of development within Mirabeau Point, including the location of buildings and improvements of any type, landscaping, walls, fences, utilities, drainage, or other structures constructed,placed or permitted to remain in Mirabeau Point D. To provide such other services the responsibility for which has been or may be accepted by the Association,•and the capital improvements and equipment related thereto, in Mirabeau Point. E. To operate without profit for the sole and exclusive benefit of its members. F. To perform all of the functions contemplated of the Association,and undertaken by the Board of Directors of the Association,in the Declaration. G. To hold funds solely and exclusively for the benefit of the members for purposes set forth in these Articles of Incorporation. Articles of Incorporation Mirabeau Point Association I 12/16/99 H. To promulgate and enforce rules, regulations, By-Laws, covenants, conditions, restrictions and agreements to effectuate the purposes for which the Association is organized. T. To delegate power or powers where such is deemed in the interest of the Association. J. To purchase, lease, hold, sell, mortgage or otherwise acquire or dispose of interests • in,real or personal property, except to the extent restricted hereby; to enter into, make, perform or carry out contracts of every kind with any person, firm, corporation, association or other entity; to do any and all acts necessary or expedient for carrying on any and all of the activities and pursuing any and all of the objects and purposes set forth in the Articles of Incorporation and not forbidden by the laws of the State of Washington. K. To fix assessments to be levied against the Property to defray expenses and the cost of effectuating the objects and purposes of the Association, and to create reasonable reserves for such expenditures, and to authorize its Board of Directors, in its discretion, to enter into agreements with mortgage companies and other organizations for the collection of such assessments. L. To acquire liability insurance and pay taxes and other charges, if any, on or against common area property owned or accepted by the Association. M. To merge with any other association which may perform similar functions, located within the same general vicinity of the real property subject to the Declaration. N. In general, to have all powers conferred upon a nonprofit corporation by the laws of the State of Washington. ARTICLE III. MEMBERS Every person or entity who is a record fee simple owner of a lot or property in Mirabeau Point, including Inland Empire Paper Company(the"Declarant"), at all times as long as it owns all or any part of the property subject to the Declaration, shall be a member of the Association,provided that any such person or entity, who holds such interest only as security for the performance of an obligation, shall not be a member. Membership shall be appurtenant to, and may not be separated from, the ownership of any Property. ARTICLE IV. TERM The Association shall have perpetual existence. Articles of Incorporation Mirabeau Point Association 2 12/16/99 ARTICLE V. INCORPORATOR The names and addresses of the incorporators are as follows: Wayne A. Frost Wayne D. Andresen 3320 N. Argonne 3320 N. Argonne Spokane, WA 99212 Spokane, WA 99212 ARTICLE VI. OFFICERS The officers of the Association shall be a President, a Vice President, and a Secretary/Treasurer, and such other officers as the Board may from time to time by resolution create. Any two (2) or more offices may be held by the same person except the offices of President and Secretary. Officers shall be elected for two (2) year terms in accordance with the procedures set forth in the By-Laws. The names of the officers who are to manage the affairs of the Association until the annual meeting of the Board of Directors to be held in the year 2001 and until their successors are duly elected and qualified are: President Wayne D. Andresen Vice President Wayne A. Frost Treasurer/Secretary Wayne A. Frost ARTICLE VII. BOARD OF DIRECTORS The affairs of the Association shall be managed by a Board of Directors consisting of three (3) Directors, who need not be members, nor residents of the state of Washington. The terms of the initial Directors shall be until the second annual meeting of the members and until their successors are elected and qualified. Thereafter, the terms of Directors will be staggered by dividing the Directors into three groups with each group containing one-third of the total, as near as may be. The terms of the Directors in the first group will expire at the first annual members' meeting after their election. The terms of the Directors in the second group will expire at the second annual members' meeting after their election. The terms of the Directors of the third group will expire at the third annual members' meeting after their election. At each annual members' meeting after the establishment of staggered terms for Directors,Directors shall be chosen • for a term of two (2) years to succeed those whose terms expire. In voting for the appointment of Directors, the members shall not have the right to cumulate votes. Articles of Incorporation Mira beau Point Association 3 12/16/99 Any Director may be removed with or without cause upon the affirmative vote of a majority of the members. The names and addresses of the initial Directors are as follows: Wayne D. Andresen 3320 N. Argonne Spokane, WA 99212 Wayne A. Frost 3320 N. Argonne Spokane, WA 99212 Greg Bever 112 E. First Spokane, WA 99202 ARTICLE VIII. BY-LAWS The By-Laws of the Association shall be adopted by the Board of Directors and may be amended, altered or rescinded only by a majority vote of such Board. ARTICLE IX. AMENDMENT These Articles may be amended only upon a majority vote of the Board of Directors. • ARTICLE X. • VOTING AND ASSESSMENTS Except as otherwise provided herein, each member shall be entitled to one (1) vote for each acre of property in which he holds the interest required for membership. There shall be fractional voting and all such fractions shall be rounded off to the nearest one-tenth (.1)of an acre. When more than one person holds a joint interest in any property, all such persons shall be members, but the vote(s) attributable to such property, the exercise of which shall be determined amongst the property owners themselves, cannot be divided for any issue and must be voted as a whole. In consideration of the public use and open space provided in the Mirabeau Point Community Complex area, that area shall be adjusted downward to 29 acres for the purpose of voting rights to represent the area occupied by the YMCA and the Cultural/Civic Center. Articles of Inco,poration lvfirabeau Point Association 4 12/16/99 Notwithstanding anything else to the contrary, the Declarant, for the purpose of exercising voting rights, shall be deemed to own four(4) times the actual acreage owned by the Declarant. Except where otherwise required under the provisions of these Articles, the Declaration, the By-laws, or Washington law, the affirmative vote of the owners of a majority of acres represented at any meeting or the members duly called and at which a quorum is present, shall be binding upon 'the members. The Association will obtain funds to operate by assessment of its members owning lots in accordance with the provisions of the Declaration, as supplemented by the provisions of the Articles and By-Laws of the Association relating thereto. ARTICLE XL INDEMNIFICATION OF OFFICERS AND DIRECTORS The Association hereby indemnifies any Director or officer made a party to, or threatened to be made a party to any threatened, pending or completed action, suit or proceeding: A. Whether civil,criminal, administrative,or investigative,other than one or in the right of the Association to procure a judgment in its favor, brought to impose a liability or penalty on such person for an act alleged to have been committed by such person in his capacity of Director or officer of the Association, or in his capacity as Director, officer, employee or agent of any other corporation, partnership,joint venture, trust or other enterprise which he served at the request of the Association, against judgments, fines, amounts pain in settlement and reasonable expenses, including attorney's fees, actually and necessarily incurred as a result of such action, suit or proceeding or any appeal therein, if such person acted in good faith in the reasonable belief that such action was in the best interest of the Association, and in criminal actions or proceedings, without reasonable ground for belief that such actions was unlawful. The termination of any such action, suit or proceeding by judgment, order, settlement, conviction or upon a plea of nolo contendere or its equivalent shall not in itself create a presumption that. any such Director or officer did not act in good faith in the reasonable. belief that such action was in the best interests of the Association or that he had reasonable grounds for belief that such action was unlawful. • B. By or in the right of the Association to procure a judgment in its favor by reason of his being or having been a Director or officer of the Association, or by reason of his being or having been a Director, officer, employee or agent of any other corporation,partnership,joint venture, trust or other enterprise which he served at the request of the Association, against the reasonable expenses, including attorneys' fees, actually and necessarily incurred by him in connection with the defense or settlement of such action, or in connection with an appeal therein if such person acted in good faith in the reasonable belief that such action was in the best interest of the Association. Such person shall not be entitled to indemnification in relation to matters to which such person has been adjudged to have been guilty of negligence or misconduct in the performance of his duty to the Articles of Incorporation Mirabeau Point Association 5 11/16199 • • Association unless, and only to the extent that, the court, administrative agency, or investigative body before which such action, suit or proceeding is held shall determine upon application that, despite the adjudication of liability but in view of all circumstances of the case, such person is fairly and reasonably entitled to indemnification for such expenses which such tribunal shall deem proper. The Board of Directors shall determine whether the amounts for which a Director or officer seeks indemnification were properly incurred and whether such Director or officer acted in good faith and in a manner he reasonable believed to be in the best interests of the Association, and whether, with respect to any criminal action or proceeding, he had no reasonable ground for belief that such action was unlawful. Such determination shall be made by the Board of Directors by a majority vote of a quorum consisting of Directors who were not parties to such action, suit or proceeding. The foregoing rights of indemnification shall not be deemed to limit in any way the powers of the Association to indemnify under applicable law. ARTICLE XII. TRANSACTION IN WHICH DIRECTORS OR OFFICERS ARE INTERESTED No contract or transaction between the Association and one or more of its Directors or officers, or between the Association and any other corporation, partnership, association, or other organization in which one or more of its Directors or officers are Directors or officers; have a financial interest, shall be invalid, void or voidable solely for this reason, or solely because the Director or officer is present at or participates in the meeting of the Board or committee thereof which authorized the contract or transaction, or solely because his or their votes are counted for such purpose. No Director or officer of the Association shall incur liability by reason of the fact that he is or may be interested in any such contract or transaction. Interested Directors may be counted in determining the presence of a quorum at a meeting of the Board of Directors or of a committee which authorized the contract or transaction. ARTICLE XIII. DISSOLUTION OF THE ASSOCIATION Upon dissolution of the Association, all of its assets remaining after provision for creditors and payment of all costs and expenses of such dissolution shall be distributed in the following manner: That portion of any Common Area which constitutes a park or surface water management system shall be dedicated to an appropriate public agency or utility to be devoted to purposes as nearly as practicable the same as those to which they were required to be devoted by the Association. Articles of Incorporation Mirabeau Point Association 6 12/16/99 In the event that such dedication is refused acceptance, such assets shall be granted, conveyed and assigned to any non-profit corporation, association, trust or other organization, to be devoted to purposes as nearly as practicable to the same as those to which they were required to be devoted by the Association. No such disposition of Association properties shall be effective to divest or diminish any right or title of any member vested in him under the recorded covenants and deeds applicable to such member unless made in accordance with the provisions of such covenants and. deeds. The remaining real property contributed to the Association without the receipt of other than nominal consideration by Declarant (or its predecessor in interest), shall be returned to Declarant unless it refuses to accept the conveyance (in whole or in part). The Mirabeau Parkway right of way and median is owned by Spokane County but the establishment and maintenance of irrigation, landscaping and street lights is the responsibility of the Association, such responsibility would be returned to Spokane County. In the event that such responsibility is refused acceptance, such shall be conveyed and assigned to any non-profit corporation, association, trust or other organization, to be devoted to purposes as nearly as practicable to the same as those to which they were required to be devoted by the Association. The Association may be dissolved upon a resolution to that effect being recommended by three-fourths (3/4) of the Directors, and, if such decree be necessary at the time of dissolution, after receipt of an appropriate decree as set forth in the Washington Non Profit Corporation Act (RCW 24,03), and approved by the vote of two-thirds (2/3) of the members. ARTICLE XVI. REGISTERED AGENT The registered office of the Association, and the name of its registered agent at said office is as follows: Inland Empire Paper Company 3320 N. Argonne Spokane, WA 99212 The undersigned Incorporators have executed these Articles of Incorporation for Mirabeau Point Association on this day of December,1999. WAYNE D. ANDRESEN • WAYNE A. FROST Articles of Incorporation Mirabeau Point Association 7 12/16/99 CONSENT TO APPOINTMENT AS REGISTERED AGENT Inland Empire Paper Company consents to serve as registered agent in the State of Washington for the following corporation: MIRABEAU POINT ASSOCIATION. Inland Empire Paper Company understands that as agent for the corporation, it will be its responsibility to accept service of process in the name of the corporation; to forward all mail and license renewals to the appropriate officer(s) of the corporation; and to immediately notify the Office of the Secretary of State of its resignation or of any changes in the address of the registered office of the corporation for which it is agent. Dated: INLAND EMPIRE PAPER COMPANY By Its: Articles of Incorporation Mirabeau Point Association 8 12/16/99 EXHIBIT C Design Guidelines and Master Plan for Mirabeau Point r MIRABEAU POINT • DESIGN GUIDELINES TABLE OF CONTENTS • • • Page I. INTRODUCTION 1 A. Purpose 1 B. Goals 1 C. Master Plan 2 D. Planning and Zoning 2 E. Engineering and Utilities 3 II. GENERAL PROVISIONS 3 A. Definitions 3 B. Application 4 C. Term and Amendment of Design Guidelines 5 D. Enforcement 5 III. SITE DEVELOPMENT - DESIGN STANDARDS 5 A. Codes 5 B. Site Grading & Stormwater 5 C. Erosion Prevention During Construction 5 D. Buffers, Fences and Walls 6 E. Setbacks 6 F. Utilities . 6 G. Vehicular Circulation and Parking 7 H. Loading and Service Areas 7 I. Pedestrian Circulation 8 J. Exterior Lighting 8 K. Signage 9 L.' Storage Areas 9 M. Refuse Collection Areas 10 N. Maintenance 10 IV. ARCHITECTURAL DESIGN AND STANDARDS 11 A. General . 11 B. Siting of Buildings 11 C. Building Design 11 D. Building Materials and Colors 11 V. LANDSCAPING DESIGN STANDARDS 12 A. Landscape General 12 B. Types of Landscaping 12 C. Streetscape Standards 13 D. Private Yard Standards 13 E. Parking Area Standards 14 F. Truck Loading Area Standards 14 G. Open Space Common Area Standards 14 MIRABEAU POINT MASTER PLAN TREE LIST MIRABEAU POINT TYPICAL ROAD SECTIONS MIRABEAU POINT TYPICAL ROADWAY/PARKING LOT RELATIONSHIPS MIRABEAU POINT CONCEPT MASTER PLAN • • Mirabeau Point Mirabeau Point has a Master Implementation Plan(June 1999 by DEA, Inc.)and it is managed by Mirabeau Design Guidelines Point, Inc. The Master Implementation Plan includes specific design guidelines for the I. INTRODUCTION public and semi public uses planned on The Mirabeau Point Design Guidelines are a approximately 70 acres comprising the written guide to be utilized in conjunction Community Complex. with the Master Plan for development within the Mirabeau Point Project. Both the Design The Mirabeau Point Design Guidelines shall Guidelines and the Master Plan shall be cited be utilized specifically for the north and south in the Declaration of Covenants, Conditions business park areas (identified on the Master and Restrictions (CC&R's) recorded against Plan as areas 1 and 2) to ensure that each Real Property located within the Mirabeau individual project within Mirabeau Point Point Project, Spokane County, Washington. meets the same consistent high quality Each separate subarea located within standards envisioned in the Master Plan. Mirabeau Point may establish a separate association and CC&Rs. Property owners in The Design Guidelines provide detailed each separate subarea shall also be members information to aid in the future development of the Mirabeau Point Association. of .Mirabeau Point. As such they are incorporated by reference into the CC&R's. A. PURPOSE Other governmental codes and regulations Mirabeau Point is a mixed-use project which prescribe legal standards to regulate has been master planned and zoned to development. Provisions in the Spokane accommodate a wide variety of public and County Zoning Code must be complied with, private uses within a 229 acre campus like as well as the conditions of approval for the setting. There are many potential uses Mirabeau Point zone change (County File envisioned which may have subarea names Number ZE-37-96). In the event of specific such as the "Mirabeau Point Community conflicts between the Design Guidelines, Complex", or "The South Business Park at CC&R's, and governmental codes and Mirabeau Point" for example, but as regulations, the more restrictive provisions • referenced herein,Mirabeau Point includes the shall apply. entire 229 acre site. The Master Plan of record was-prepared by Ramm Associates, B. GOALS Inc., March 1999 and is included herein. The fundamental design principals evolve around the following goals: The Mirabeau Point Community Complex, in • Emphasis of high quality site development the central area of the site is generally through good landscaping,building siting identified on the Master Plan as areas 3,4,and and architectural design. 5. The Mirabeau Point Community Complex • Compatibility of business and light Mirabeau Point Design Guidelines l December 1999 Mirabeau Point industrial uses which will compliment individual sites. Mirabeau Parkway provides rather than conflict with one another. direct access to Indiana Avenue to the south • Development of a superior quality and Pines Road to the north. Mirabeau "campus-like" mixed-use project with Parkway intersects Mansfield Avenue north of emphasis on open space and pedestrian the main entrance to Mirabeau Point. pathways.. Mansfield Avenue provides the main east- • Protection and enhancement of the west access through Mirabeau Point. existing natural site amenities eg. the Integration and continuity in street tree river, hills, trees, rock outcroppings, plantings on these highly visible roadways is native vegetation, addressed with the Mirabeau Point Master • Protection of property values through Plan Tree List in Section V. The Landscaping • mutually beneficial restrictions. Design Standards. • Encourage pedestrian traffic and alternative forms of transportation within D. PLANNING AND ZONING Mirabeau Point. Spokane County Division of Building and Planning has jurisdiction over planning and The following . sections of these Design zoning regulations for this site. The Design Guidelines will focus on the separate aspects Guidelines and CC&R's are in addition to the of the Design Guidelines which support the jurisdiction's minimum requirements. Any overall goals stated above, development within Mirabeau Point is subject to the provisions of the Spokane Zoning Code, C. MASTER PLAN future amendments, and the Conditions of The 229 acres which make up Mirabeau Point Approval for the Mirabeau Point zone change can be best described as a collaboration of (ZE-37-96). public and private facilities in a mixed use "campus like" setting. This composite of Spokane County required an environmental multi-use areas and open spaces are organized impact statement(EIS)for the Mirabeau Point in a well, conceived arrangement. of these zone change and conceptual Master Plan. elements within the beauty of the natural site Plans which are generally in compliance with amenities. Individual subareas should be the Master Plan and the EIS will not require a designed to provide integrated street tree supplemental EIS. However,any additions of plantings, and pedestrian links by utilizing new property or substantial changes to pathways and open space to maintain a Mirabeau Point will be subject to the "campus like" environment. Washington State Environmental Policy Act (SEPA) requirements. This may require an The primary access to Mirabeau Point is Environmental Checklist or the submittal of provided by Mirabeau Parkway. This an Addendum or a Supplemental EIS. parkway allows access to public and private streets and in turn provides direct access to the Each zone has permitted and excluded uses Mirabeau Paint Design Guidelines 2 December 1999 • Mirabeau Point that are defined in the Spokane County Design Guidelines and the CC&R's shall have Zoning Code. The underlying intent is to the following meanings: maintain the openness and recreational theme throughout the project. Uses which support "Association" shall mean and refer to the this theme and the campus like setting are Mirabeau Point Association, a Washington preferred. All uses proposed to be located on- State non-profit corporation. site will require approval by the Spokane County Division of Building and Planning. "Association Subarea" (MAS) shall be a legally defined area within Mirabeau Point for E. ENGINEERING AND UTILITIES which a separate association and CC&Rs are All street improvement plans for Mirabeau established. Each MAS shall have control, Pointare to be approved, and completed prior responsibility and liability for it's ownership to any individual tenant lot improvements, area, including any common areas and These plans include grading, drainage, landscape areas within street border easements utilities, and street landscaping. Individual and within it's ownership area. Each lot or site engineering plans and landscaping plans property owner within a MAS shall also be a for lots shall integrate with the overall member of the Mirabeau Point Association Mirabeau Point Master Plan and the existing and be subject to the CC&Rs, design of Mirabeau Parkway, Discovery Place, and planned extension-of Mansfield "Common Area" shall mean and refer to all Avenue. real and/or personal property which the • Association and/or the Declarant owns or has All utilities to Mirabeau Point shall be an interest in for the common use of the constructed underground. Stormwater members of Mirabeau Point, which is the controls shall utilize a combination of landscape median and street lighting in stormwater management techniques including Mirabeau Parkway. Other common areas swales,retention ponds,and drywelIs to retain shall be defined as each association subarea is stormwater on-site. The drainage system and established with separate control set forth in street improvement plans shall be designed in CC&Rs for each of the MAS separate accordance with the current Spokane County associations. Engineer's Standards. Sewer and water plans shall be designed to meet the standards of the "Declarant" shall mean and refer to Inland respective jurisdictions. f Empire Paper Company,the its successors and assigns, and include any person or entity to which Declarant may assign its rights, II. GENERAL PROVISIONS privileges, duties and obligations hereunder, which rights,privileges,duties and obligations A. DEFINITIONS are and shall be assignable. The following words, when used in these Mirabeau Paint Design Guidelines 3 December 1999 Mirabeau Point to the Declarant and/or association, assign all "Improvements" shall mean and refer to any or part of his rights, but not his duties man-made changes in the natural condition of hereunder, to the owner's tenant. the land including, but not limited to, structures and construction of any kind, The "Property" shall mean Mirabeau Point whether above or below the land surface such and refer to the real property described in the as any building, fence, wall, sign, addition, CC&Rs Exhibit A and any portion thereof, alteration, water, sewer, drain disposal, road, and any and all improvements thereon and paving, utilities, grading, landscaping, signs additions thereto. The"Property" is shown-in and exterior illumination and shall not be the Conceptual Master Plan, and it includes limited to any changes in any exterior color or the following Mirabeau Association Subareas shape and any new exterior construction or (MAS): exterior improvement. • Mirabeau Point Community Complex "Lot" shall mean and refer to any parcel of which is approximately 70 acres, and is the Property in Mirabeau Point together with shown as areas 3(cultural/civic center and any and all improvements thereon,created and senior center), 4 (YMCA), and 5 (public existing by a record plat recorded in the Public park and Mirabeau Trails). Records of Spokane County, Washington, on • North Business Park, which is which any improvement could be constructed, approximately 50 acres, and is shown as whether or not it has been constructed. area 1. • South Business Park, which is "Occupant" shall mean and refer to any approximately 109 acres, and is shown as person or organization which has occupied, area 2, purchased, leased, rented or is otherwise The Association Subareas may add adjacent licensed or legally entitles to occupy and/or properties to their area,and there may be more use any Lots or Improvement(s) on the subareas than identified above. Each MAS Property (whether ornot such . right is must be approved by the Declarant and/or exercised), as well as their heirs, assigns, and Mirabeau Point Association successors in interest. B. APPLICATION "Owner" shall mean and refer to the record The Design Guidelines shall apply to all owner, whether one or more partners, person, properties within Mirabeau Point,held,leased, trusts, corporations, or other entity, of the fee occupied, sold, and conveyed, subject to the simple interest to a Lot or any other portion of CC&R's for the same,except for the Mirabeau the Property, including contract sellers (but Point Community. Complex which shall also not contract purchasers) their heirs, comply with their Implementation Plan dated successors, personal representatives or June 1999. Any addition.of properties to assigns. An owner may, upon written notice Mirabeau Point will be subject to the Design A'lirabeau Point Design Guidelines 4 December 1999 Mirabeau Point Guidelines and CC&R provisions. Any Enforcement of individual subarea CC&Rs is modification or amendment will require the the responsibility of each subarea Association. Board of Directors approval in accordance with the section entitled Term and Amendment of Design Guidelines and must III. SITE DEVELOPMENT support the overall Goals stated in the Design DESIGN STANDARDS Guidelines. A. CODES C. TERM AND AMENDMENT OF a. Administrative site plan review by DESIGN GUIDELINES Spokane County Division of Building and The Mirabeau Point Design Guidelines shall Planning and compliance with the rezone be effective for the same term as the CC&R's. conditions of approval is required. b. Site planning shall show consideration of If the term for the CC&R's is modified by declaration, then the same modification of potential future divisions of property in term shall apply to the Design Guidelines. compliance with the Spokane County Subdivision and Binding Site Plan Declarant reserves the exclusive right to add Ordinance. to or amend these Design Guidelines. B. SITE GRADING & STORMWATER Following formation of the Mirabeau Point a. Maintain safety and adequate depth Association, these Design Guidelines may coverage for all utilities located on also be amended as provided in the CC&Rs site. for Mirabeau Point. b. Stormwater shall be managed on individual sites through a combination • Revisions must either be in response to of drainage swales, drywells, and changing conditions and needs or to correct retention ponds designed according to errors or discrepancies. Any amendment or the Spokane County Engineers current modification of the Design Guidelines shall standards for stormwater management. comply with the intent of the requirements of c. Roadside stormwater.detention areas the CC&R's. are encouraged to provide irregular forms to add visual interest. The use D. ENFORCEMENT of boulders or landscape features on The Mirabeau Point CC&R's identifies the the side slope ofssvales is encouraged. responsibility each member has for conformance with the Design Guidelines. C. EROSION PREVENTION DURING Each individual subarea within Mirabeau CONSTRUCTION • Point may develop CC&Rs. Such CC&Rs a. Revegetate and establish permanent shall be consistent with the provisions in the landscaping on exposed soils as soon Mirabeau Point Association CC&R's. as possible March through November. Mirabeau Point Design Guidelines 5 December 1999 • Mirabeau Point b. Use water sprays and dust palliatives Zoning Code unless the Design to control dust from exposed soils Guidelines apply more restrictive during construction. provisions. c. All traveled roadways and parking b. No building shall be closer than ten lots on-site shall be paved. feet (10') from an interior property d. If tracking or spill of soil occurs on line. paved surfaces, these surfaces must c. Plantings within the landscaped promptly be cleaned by the owner or right-of-way of Mirabeau Parkway responsible party, will be installed and maintained by e. Applicant must comply with current the Mirabeau Point Association. All Spokane County Air Pollution other streetscape plantings and Control Authority regulations for plantings in the setback area on emission standards. private lots adjacent to the right of way, will be installed, and D. BUFFERS, FENCES, AND WALLS maintained by the individual lot a. No fencing or walls shall be allowed developer. which, would create a barrier to d. All setback areas shall be landscaped common pedestrian or vehicular according to Section V.Landscaping circulation, or in any way decrease Design Standards. the sense of openness. a. No parking shall be permitted closer b. Screening of storage, loading, and than twenty-five (25') from a street- unsightly areas can be achieved fronting property line or ten feet(10') through sight-obscuring fencing or from an interior property line. vegetation screening per of the Spokane County Zoning Code. F. UTILITIES c. Landscape buffering shall comply a. All utilities not located within a with the landscape standards in building shall be installed and Section V. Landscaping Design maintained underground. This Standards. includes water lines, sewers, a. Fences and walls shall be of electrical, telephone, and • complementary or siinilar material as communications wires. buildings per Section IV, b. Necessary utility easements shall be Architectural Design Standards. • established prior to final site plan approval. c. Antennas or microwave dishes for E. SETBACKS the transmission or reception of a. All buildings must comply with telephone,television,or radio signals current or amended setback shall be located and screened so as to requirements of the Spokane County have minimum visual impact. Mirabeau Point Design Guidelines 6 December 1999 .N irabeals Point a. Conduits shall be placed under access streets with a two foot (2') driveways,sidewalks,streets,etc.for high. earth berm with a 5' wide future utility extensions to avoid Type II landscaping at the top to cutting and patching paved areas. effectively screen the parking areas as shown in Section V. G. VEHICULAR CIRCULATION AND Landscaping Design Standards. PARKING j. Coordinate with STA for the a. Individual access drives shall be provision of public transit bus stops limited primarily to 24 feet curb to. and shelters at adequate intervals to curb private roads. encourage the use of public transit b. Access to both private and public along Mansfield Avenue and roads should be adequately Mirabeau Parkway. separated and spaced per the k. Reserved spaces for carpool or STA Spokane County Engineers current vanpool parking should be standards. provided in parking lots in close c. Entry boulevards shall include a 10 proximity to the building entrance. feet wide curbed center landscape I. Cycle parking areas which have median. racks with locking capabilities d. Directional and informational signs ' should be made available near the should be easy to read from a employee entrances of buildings. moving vehicle. Signage on-site shall be consistent in style and H. LOADING AND SERVICE AREAS location according to Section III K. a. No on-street or front of building Signage of the Design Guidelines. entrance, truck or vehicle loading e. Parking areas shall include shall be permitted. Express courier landscaping as described in Section service, drop-off and pick-up of V Landscaping Design Standards. passengers will be allowed in f. Parking spaces and loading areas designated off street locations near shall be provided for each lot in the front entrances of buildings. The compliance with space and design front of buildings shall be considered requirements of 'the Spokane the entrance facing the major arterial, County zoning code. streets, and that entrance primarily g. Parking shall be allowed only in used by visitors. paved and designated parking b. Loading dock areas shall be recessed spaces. and located at the rear or side of h. Separate vehicular parking lot access buildings with the building design from truck loading dock access. providing some screening where i. Parking lots shall be visually possible. screened from adjacent primary c. All loading and service areas shall be screened from view from adjoining Mirabeau Point Design Guidelines 7 December 1999 Mirabeau Point public streets, Centennial Trail, and and Mansfield Avenue will be a open space areas by building design decorative cutoff style 250 watt features, fencing, orlandscape metal halide on a 25 foot pole with screening. These methods of flush base. The same shall be screening can be used in combination continued with extension of these to achieve maximum screening. streets and other public streets a. All loading and service areas shall be within Mirabeau Point. Other in accordance with the Spokane private streets, parking, and County Zoning Code for required pedestrian pathways shall have number and size of loading berths decorative style lighting with the and for screening requirements. following standards and level of illumination: Streets shall be pole I. PEDESTRIAN CIRCULATION mounted luminaire,250 watt,metal a, Approaches to street crossings shall halide, with an average of 1.0 be distinguished by a change in footcandles (a minimum of 0.25 texture or markings on the pathway. and a maximum of 4.0 All street crossings shall be marked footcandles). Parking lots and on the street. sidewalk adjacent to parking lots b. Sidewalks and pathways should be shall be pole mounted luminaire, physically separated from the more. 400 watt,metal halide,and have an heavily traveled streets by average of 2.5 footcandles (a landscaping, unless physical minimum of 0.60 and a maximum limitations prohibit. of 10.0 footcandles). Sidewalks c. Individual site plans for sidewalks adjacent to roadways shall have an and pathways shall be integrated to average of 0.60 footcandles with a match widths, sidewalk type, etc. minimum of 0.20 and a maximum where individual MAS areas meet. of 2.0 footcandles allowed. d. Convenient pedestrian and handicap Perimeter, private plaza, and access shall be provided from all pathway lighting may vary in parking areas to building entrances. design within major use areas. a. Sidewalks and pathways shall be a b. The mounting height for street lights minimum of six (6) feet wide shall be twenty five feet (25') and throughout Mirabeau Point unless parking lot lights (center islands) . Spokane County: standards are shall be twenty three feet(23') and different for sidewalks adjacent to for pedestrian pathways it shall be public streets. twelve to sixteen feet 12-16'). c. Buildings private plazas and private J. EXTERIOR LIGHTING pathways shall have incandescent a. Light fixtures on Mirabeau Parkway or color corrected lighting. The Mirabeau Point Design Guidelines 8 December 1999 Mirabeaji Point maximum height of bollard type one sign per building is allowed to lighting shall be thirty-six inches accommodate multiple businesses in (36") unless it is installed on the the same building. underside of a handrail or banister. b. The building material and design of Accent and uplighting is permitted signs shall be compatible with at building entrances, signs, and to architectural and landscape design accent certain landscape features. features. Painted signs or advertising d. Lighting of service area shall be the murals on buildings will not be same as for parking lots except allowed. Iuminaire lighting may be mounted c. The location of all signs (permanent on a building. and temporary) on-site shall not • impair sight distances for traffic on K. SIGNAGE adjacent streets. The provisions of a. All signs must conform to the the Spokane County Zoning Code for requirements of the Spokane County "clear view triangle" must be met. Zoning Code along with certain d. No flashing, moving, or rotating height,, size and number limitations, signs shall be allowed on any site in as set forth in these Design Mirabeau Point. No portable signs Guidelines. are permitted. b. Accent,uplighting, and backlighting e. One temporary sign per lot shall be may be used for building permitted for notice of sale,lease, or identification signs. rent, and containing development c, One free standing building information. identification sign oriented toward f All permanent freestanding signs the street will be allowed on each lot. shall be uniform in color and design A listing of tenants may be included and shall, at minimum, be uniform , on the building identification sign. within each of the subareas of Free-standing signs for business Mirabeau Point. identification, -information, and vehicular control shall be maximum L. STORAGE AREAS • f height of six feet (6') above the a. Finished products may be stored in finished grade. the back half of lots or in a side yard a. All building signs must be placed flat when completely screened from view against the building and not extend beyond the property lines by a above the top of the wall, onto the minimum six foot (6') high solid roof area, or exceed the outer limits decorative concrete block, masonry of the wall. Building signs shall be wall, or sight-obscuring fence which integrated with the architectural is architecturally integrated with the design of the building, More than buildings. Mirabeau Point Design Guidelines 9 December 1999 Mirabeati Point b. Storage of raw material shall be be screened on all sides from public visually screened from public access view and at a minimum be enclosed streets',the freeway,Centennial Trail, on three sides with a five and one- and adjacent property by a six-foot half foot(5-1/2')high concrete block, (6'), sight-obscuring fence or wall. masonry wall with a sight-obscuring c. The area allowed for raw material gate for access storage shall not occupy more than b. All refuse storage areas shall be half of the rear or side yard lot and located to the rear or side of the shall comply with minimum yard building they serve, but not in the setbacks of fifteen (15') for side and front of a building. rear yards. c. Each refuse enclosure shall be a. That a minimum five foot (5') designed to contain all refuse irrigated landscaping strip consisting generated on the site it is intended to of a mix of evergreen and deciduous serve. No outside containers. trees spaced so that branches will d. The location of refuse storage areas touch in ten (10) years shall be shall be easily accessible to refuse provided along the outside fenced collection trucks. perimeter of the storage yard, or a. The refuse storage area shall be other acceptable sight-obscuring architecturally integrated with the technique shall be used as approved adjacent building in color, texture, by Spokane County. Existing and style. landscaping may be incorporated. e. Any wall or fencing to be used for N. MAINTENANC E screening purposes and adjacent to a a. Each owner shall be responsible for street shall comply with the "clear the maintenance and repair of all view triangle" requirements of the buildings, fences, parking areas, Spokane County Zoning Code. driveways, walkways, and a. Temporary storage, building truck landscaping on his lot. docks, truck loading, truck or heavy b. The owner or occupant of any lot equipment parking and storage areas shall at all times keep it in a safe, shall be screened frdm view of the clean, and wholesome condition and adjacent streets and Centennial Trail comply with all applicable by building berms with landscaping governmental,health,fire,and safety including evergreen trees or fencing. regulations Said screening shall be to a height c. Lawns shall be kept mowed, that effectively screens the above, fertilized, and watered. • c. Landscaped areas shall be M. REFUSE COLLECTION AREAS maintained on a regular basis. No a. All outdoor refuse storage areas shall rubbish or weeds will be allowed to Mirabeau Point Design Guidelines 10 December 1999 14irrabea u Point accumulate due to lack of recommended. maintenance. b. Natural day lighting within a a. Trees` and shrubs shall be building can be achieved through the professionally pruned and - use of courtyards and atriums as well maintained. as clerestory windows and skylights which are encouraged. c. The main building entrance or visitor IV. ARCHITECTURAL, DESIGN entrance shall be distinguished from STANDARDS employee and other entrances by landscape features, entry plazas, signage, and orientation toward the A. GENERAL public streets. a. Architectural designs shall adapt and d. Consideration of shelter from integrate with the overall site design weather at entries by projecting an concept within individual subareas. entry or providing a courtyard entry b. The use of berms and tree massing in is encouraged. landscaped areas near buildings is e. Side and rear walls visible from the encouraged to soften the impact of street or Centennial Trail shall be larger buildings, finished in similar style and materials as the front of the building. B. SITING OF BUILDINGS a. The front face of all buildings shall D. BUILDING MATERIALS AND be oriented toward the access streets. COLORS The building face or front door a. The color of all buildings, structures, entrance will be the entrance used screening walls, and fences shall be primarily by visitors, either via limited to earth tone colors and brick sidewalks or visitor parking lots. (no bright pastel or flourescent)with Buildings along the Centennial Trail color accents that reinforce building side'of the project may have the front form and massing. face toward the trail, b. No prefabricated metal buildings will b. Employee entrances' and access to be permitted. Metal roof systems buildings from Iarge parking lots may be allowed for certain uses. The should be from the rear or side of metal shall be of a heavy gauge, and buildings, the color consistent with 2a. above. c. All screening walls, fencing, C. BUILDING DESIGN trellises, railings, and sun screens a. The provision of interest in the must be of' the same or coordinated• building facade design through complimentary color and materials as placement of walls and windows to the building. break a flat plane appearance is Mirabeau Point Design Guidelines 11 December 1999 Mirabeau Point • d Temporary structures must comply and Type III See-Through Buffer. A detailed with Spokane County Building and description of these landscaping types is Zoning Code requirements, included in the Spokane County Zoning Code. The general purpose of each is described as follows: V. LANDSCAPING DESIGN a. Type I: Screen is intended to provide STANDARDS a very dense sight obscuring barrier to significantly separate incompatible land uses and zoning designations. A LANDSCAPE GENERAL b. Type II: Visual Buffer is intended to a. All street scape landscape plans shall create a visual separation between utilize and be integrated with the incompatible land uses and zoning Mirabeau Point Master Plan Tree designations. List. c. Type III: See-Through Buffer is b. All areas not covered by paving or intended to provide street frontage buildings shall be subject to these aesthetics by softening appearance of landscape standards for landscape streets, parking areas, and building development and landscape types. elevations. The Type III landscaping c. The open space campus concept shall is also intended to provide visual include both private and public open. relief where incompatible land uses spaces, which shall be coordinated to and zoning designations are link pedestrian access and enhance separated by distances rather than the overall appearance of Mirabeau dense landscaping. Point, d. In all landscaped areas, existing d. Special landscaping treatment shall vegetation may be incorporated into be given to entrance area image the landscape design as set forth in zones for each subarea to establish the Spokane County Zoning Code project identity and continuity. and shall be considered acceptable in a. Each subarea and•lot owner will be lieu of new plantings;provided that it responsible for establishing the street contributes to achieving the intent of scape in a timely manner to create a this section. mature,consistent tree appearance on e. All proposed plant material, sizes, Mirabeau Parkway and Mansfield and characteristics shall be in Avenue in accordance with the accordance with the Mirabeau Point Mirabeau Point Master Plan Tree Master Plan Tree List. List. f. The landscape shall be designed to create diverse landscape plantings B. TYPES OF LANDSCAPING with trees and shrubs of varying size, The different types of landscaping required character, type, texture and color. are: Type I Screen; Type II Visual Buffer; Mirabeau Point Design Guidelines 12 December 1999 Mirabeau Point C. STREET SCAPE STANDARDS Private Yards are privately owned or leased Street scape is, the area within or directly portions of any lot or parcel within Mirabeau adjacent to the public or private street right- Point which is not over covered by building, of-way which is not used for roadway. This street, sidewalk, pedestrian pathway, or area includes landscaped strips along the parking lot. Private yards also include any roadway and sidewalk or pedestrian pathway. outside storage area. All landscaping within the street scape areas a. Where subareas meet and adjacent to shall be in accordance with the Mirabeau common areas separating major use Point Mirabeau Point Master Plan Tree List. areas, there shall be a Type III See- a. Common assessment to establish and Through Buffer a minimum width of maintain the landscaped median twenty feet (20'), except in areas within Mirabeau Parkway will be where special screening or another made by the Mirabeau Point type of landscaping is required per Association per the CC&Rs. the Spokane County Zoning Code. b. Street scape landscaping and b. Open Area landscaping shall be irrigation on each side of Mirabeau provided on all private yards with a Parkway,and Mansfield Avenue will combination of other types of be the responsibility of lot owners for landscape as required for screening establishment and maintenance. This and buffering purposes. can be done by individual owners or c. All private yard areas which are through a subarea Association. adjacent to and within twenty-five c. All landscaping within the "clear feet (25') of a public street right-of- view triangle" shall meet the way and adjacent to common areas. requirements of the Spokane County shall be Iandscaped in Type III See- Zoning Code. Through Buffer. d. Landscape treatment of the streets d. An outside storage area of unfinished will be formal Type III landscaping, or raw materials shall be located in with,grass covering the ground in the rear yard or side yard, and be planting strips between the sidewalks adequately screened with a minimum and roadway. Trees shall be spaced ten foot (10') irrigated landscaping 30 feet on center, size and type in strip consisting of a mix of evergreen accordance with the Mirabeau Point and deciduous trees spaced so that Master Plan Tree List. branches touch in ten (10) years. . e. Street medians shall be landscaped in This shall be provided along the shrubs and trees in accordance with outside fenced perimeter of the the Mirabeau Point Master Plan Tree storage yard. A Type I Screen or List. Type II Visual Buffer is acceptable for the landscaping strip. D. PRIVATE YARD STANDARDS e. Temporary storage,heavy equipment Mirabeau Point Design Guidelines 13 December 1999 • Mirabeau Point parking, or storage areas shall be F. TRUCK LOADING AREA screened from view of. Mirabeau STANDARDS Parkway, the main access streets and Truck Loading Areas are those areas where the Centennial Trail by building off-street truck delivery loading and berms with landscaping or fencing. unloading berths are provided. Landscaping used to screen shall be a. A type I Screen landscaping strip a Type I Screen unless a berm or minimum five feet (5') wide shall be fence is also used, in which case a provided where the building or six- Type II Visual Buffer is acceptable. foot (5') high fencing does not effectively screen the truck loading E. PARKING AREA STANDARDS areas from view from adjoining Parking Areas are defined as any off-street public streets. parking lot used for visitor or employee b. A combination of fencing and Type II parking purposes for one or more buildings Visual Buffer or berming with Type located in Mirabeau Point. II Visual Buffer which effectively a. All landscaping around the perimeter screens the truck loading areas shall of parking lots shall be at a minimum be acceptable. ten feet (10') in width Type III c. All proposed screening methods landscaping unless more restrictive which include landscaping or screening is required. . . combination of landscaping and. b. Where parking lots are visible from fencing must be approved. public streets, a minimum two foot (2') high berm with Type II G. OPEN SPACE COMMON AREA landscaping is required as illustrated STANDARDS in Section V. Landscaping Design Common Areas are those areas held in Standards, common ownership and maintained through c. All landscaped areas shall be common assessments. There are no protected from vehicle damage by a established common areas controlled by the six inch(6")high protective curbing, Mirabeau Point Association except for the and a (3') wide landsrcaped bumper median area in the right of way of Mirabeau overhang area with"low growing Parkway. Future common areas to be ground-cover or turf. established within subareas will generally be d. Landscaping areas in parking lots located along streets,trails,and at major focal shall not be less than one hundred points. Common areas may also separate and (100) square feet in area and no buffer some major use areas. There may be parking stall shall be more than sixty separately established and maintained feet (60') from a landscaped area, common areas for each sub area of Mirabeau Point. For example, the Mirabeau Point Community Complex will include a central r - Mirabeau Point Design Guidelines 14 December 1999 Mirabeau Point common area that will be established and a. A common central recreation area maintained by Mirabeau Point,Inc. The north will be a primary feature established and south business park areas in Mirabeau in the Mirabeau Point Community Point may establish common areas with trails, Complex Master Implementation drainage areas, and open spaces which link to Plan. It will be privately maintained other public use areas. by Mirabeau Point, Inc. until it is passed to a public entity such as a. The common areas should incorporate Spokane County or the State of special features and a pedestrian Washington. This central recreation pathway system linking to sidewalks area will be linked to other public and other public use areas within and private open space areas on site Mirabeau Point. and the Centennial Trail. b. The street scape areas within each b. Private Yard landscaping shall subarea may be established as coordinate and enhance adjacent common area for development and Common Area open space and the maintenance of the landscape strip Centennial Trail, and may include adjacent to all streets. courtyards, benches, tables, plazas, a. The main entries to Mirabeau Point and recreational facilities. and the subareas may be designated c. The main feature of the future as common areas to incorporate Common Areas will typically be a - signage and special landscape paved curvilinear pedestrian pathway treatment, which may include large system connecting to formal rocks and water features in certain sidewalks throughout Mirabeau locations., Point,the central recreation area,and b. The interface of Common Area, to the Centennial Trail, Street scape, and Private Yards should provide for transition and definition of areas which can be commonly used by all tenants of Mirabeau Point. e. Selection of planting materials from the Mirabeau Point Master Plan Plant List-in Section V. Landscape Design Standards. shall control the type of landscape materials to be used in streetscapes and open space areas which will provide the necessary transition and achieve the desired overall landscape concept. Mirabeau Point Design Guidelines 15 December 1999 Mirabeau Point Mirabeau Point Master Plan Tree List Mirabeau Parkway Plant same trees for 1500' then change species and/or identify appropriate transitions Large Street Trees Botanical Name Common Name Size Description & Color Acer x freemanii `Autumn Blaze' Autumn Blaze Maple 2"cal. red fall color Acer x freemanii`Celebration' Celebration Freeman Maple 2"cal. crimson-gold fall color Acer x freemanii `Armstrong' Armstrong Maple 2"cal. columnar Acer platanoides `Deborah' Deborah Norway Maple 2"cal red new growth Acer rubrum `October Glory' October Glory Maple 2"cal. red fall color Fraxinus pennsylvanica `Summit' Summit Green Ash 2" cal. yellow fall color Ginkgo biloba Maidenhair Tree 2"cal yellow fall color Liriodendron tulipifera Tulip Tree 2"cal. yellow fall color Platanus x acerifolia London Planetree 2" cal. yellow brown fall color Quercus coccinea Scarlet Oak 2" cal. red fall color Quercus rubra Red Oak 2"cal. red fall color Tilia americana'Redmond' Redmond Linden 2"cal. white, yellow fall color Theme Trees (Flowering Trees) Malus`Profusion' Profusion Crabapple 1'/," pink; cal. Malus x 'Prairiefire' Prairiefire Crabapple 1'4" pink; purple leaves cal. Prunus cerdsifera'Thundercloud' Thundercloud Flowering Plum I'/4" pink;purple leaves cal. Prunus virginiana'Canada Red' ; Canada Red Chokecherry 1'/4" cal. Pyrus calleryana'Bradford' Bradford Flowering Pear 1'/4" white;reddish leaves;fruitless cal. Pyrus calleryana'Capital' Capital Ornamental Pear I'/4" white flowers WI red fall color cal. Pyrus calleryana'Chanticleer' Chanticleer Pear ly4" white flowers wi red fall color cal. Pyrus calleryana'Redspire' Redspire Pear 1%" white flowers WI yellow fall color cal. Mirabeau Point Design Guidelines 1 December 1999 • Mirabeaec Point Mansfield Avenue • Plant same trees for 1000' then change species and/or identify appropriate transitions Large Street Trees Botanical Name Common Name Size Description & Color Acer rubrum `October Glory' October Glory Maple 2" cal. red fall color Fraxinus pennsylvanica'Summit' Summit Green Ash 2"cal. Liriodendron tulipifera Tulip Tree 2"cal. yellow fall color Quercus coccinea Scarlet Oak 2" cal. Quercus rubra Red Oak 2"cal. red fall color Tilia americana`Redmond' Redmond Linden 2"cal. white, yellow fall color Gleditsia triacanthos 'Shademaster' Shademaster Honeylocust 2" cal. Platanus x acerifolia `Bloodgood' Bloodgood London Planetree 2"cal. Tilia cordata `Greenspire Greenspire Linden 2"cal. yellow fall color Flowering Theme Trees Malus `Profusion' Profusion Crabapple 11/4" cal. Malus x 'Prairiefire' Prairiefire Crabapple 11/4" pink;purple leaves cal. Prunus cerasifera'Thundercloud' Thundercloud Flowering Plum 11/4" pink;purple leaves cal. Pyrus calleryana`Bradford' Bradford Flowering Pear P/<" white;reddish leaves; fruitless cal. Pyrus calleryana 'Capital' Capital Ornamental Pear 11/4" white flowers w/red fall color cal. Pyrus calleryana`Chanticleer' Chanticleer Pear 11/4" white flowers w/red fall color cal. • Pyrus calleryana `Redspire' Redspire Pear 11/4" white flowers w/yellow fail color cal. Crataegus phaenopyrum Washington Hawthorn 11/4" white flowers cal. Prunus virginiana `Canada Red' Canada Red Chokecherry 1'/4" maroon fall color;white;dark cal. fruit Sorbus aucuparia European Mountain Ash 11/4" white flowers w/orange fruit cal. Parking Lot Trees M'irabeau Point Design Guidelines 3 December 1999 Mirabeau Point. Fraxinus pennsylvanica`Summit' Summit Green Ash 2" cal. yellow fall color • Gleditsia triacanthos 'Shademaster' Shademaster Honeylocust • 2"cal. yellow fall color • Pyrus calleryana `Capital' Capital Ornamental Pear 2"cal. white flowers w/red fall color Prunus virginiana `Canada Red' Canada Red Chokecherry 2" cal. maroon fall color;white;dark fruit • Mirabeau Point Design Guidelines 4 December 1999 Mirabean Point Native Area Planting Native Plants to be selected for compatibility with existing vegetation and/or conditions Botanical Name Common Name Size Description & Color Alnus rubra Red Alder 1" cal. moist;sun; nitrogen fixing Populus trichocarpa Black Cottonwood 1"cal. yellow fall color; moist Salix lasiandra Pacific Willow 1"cal. moist;erosion control Acer circinatum Vine Maple 1"cal. red fall color Acer glabrum `Douglasii' Douglas Maple 1"cal. yellow fall color;sun Betula occidentalis Water Birch 1"cal. yellow fall color;moist;sun Corylus americana American Filbert 5 gal. Crataegus douglasii Douglas(Black)Hawthorn l"cal. white; scarlet berries;moist Populus tremuloides Quaking Aspen 1"cal. yellow fall color Prunus virginiana Chokecherry 1"cal. maroon fall color;white;dark cherries;screen Sorbus scopulina Dwarf Mountain Ash 1"cal. sun;orange fall color;white Amelanchier alnifolia Saskatoon Serviceberry ° 2 gal. white Atriplex canescens Four Singed Saltbrush I gal. grey foliage;sun; dry; fire resistant;do not water Ceratoides lanata Winterfat 1 gal, grey foliage;sun;dry;tough Cerocarpus ledifolius Curl-leafed Mountain Mahogany 2 gal. evergreen;yellow;dry Cerocarpus montanus True Mountain Mahogany 2 gal. yellow;sun;dry Chrysothamnus nauseosus Rubber Rabbitbrush 1 gal. yellow;grey foliage;sun; dry;erosion control Ceanothus sanguineus Redstem ceanothus 1 gal. white;dry;cool;open Comus,sericea(stolonifera) Redosier(Red Twig)Dogwood 1 gal. white;white berries;moist; Cowania stansburiano . Cliffrose l gal. cream;evergreen;dry;sun Chrysothamnus visidiflorus Low Green Rabbitbrush I gal. yellow;grey foliage;sun;dry Holodiscus discolor Oceanspray 5 gal. white Mahonia aquifolium Oregon Grape 1 gal. evergreen;yellow;blue berries Mahonia repens Creeping Oregon Grape I gal, yellow;evergreen;blue berries Prunus besseyi Western Sand Cherry 2 gal. white;purple berries;sun;dry Philadelphus lewisii Mockorange, Syringa 5 gal. white flowers Physocarpus malvaceous Mallow Ninebark 2 gal. sun;dry; white; Mirabeau Point Design Guidelines 5 December 1999 Mirabeau Point Ribes alpinum Alpine Currant 1 gal. 4 tough Ribes aureum Golden Currant 2 gal. yellow; sure; dry;red berries Ribes cereum Wax Currant 2 gal. red berries;sun; dry Rosa nutkana Nootka Rose 2 gal. pink;sun;dry; orange hips Rubus parviflorus Western Thirnbleberry I gal. Ribes sanguineum Red Flowering Currant 2 gal. red;blue berries;sun; dry Rosa woodsii Pear Hip Rose 1 gal. dry;sun Symphoricarpos albus Snowberry 1 gal. dry; sun;white berries Sambucus cerulea Blue Elderberry 2 gal. moist; tolerant Spires douglasii Douglas Spirea 1 gal. part shade;red;moist;suckering Salix exigua Coyote Willow,Sandbar Willow 2 gal. wet; erosion control Salix scouleriana Scouler's Willow 2 gal. moist; tolerant • • • Mirabeau Point Design Guidelines 6 December 1999 • - 4 . 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Dare o, 700 . Aj11;!�,40� jillis ......... di ca VI ��@ O� PLAZA ' PLCYti;Rl7-5 STT—°�;T!¢. — -- ---------- rf/ SEATI ' •• 1! �t » a ' r ,*10 • • ao It' :: ) Ai, ,Ens mil • • i & ` o INIPI co 41- *S. . co ,041 p •.„„,,,,.„,, • • • illijitc4r . . . • I , i ce■.t 1411 A ; !AI • TYPICAL ROADWAY I PARKING LOT RELATIONSHIPS MIRABEAU POINT DESIGN GUIDELINES