|
of the unsatisfied Mortgages duly recorded against the Property shall be required in order to materially
<br />amend any of the provisions of this Master Declaration, which such consent shall not be unreasonably
<br />withheld. Notwithstanding the foregoing, for avoidance of doubt, non -material amendments to this Master
<br />Declaration may be made without consent of Mortgagees (it being agreed that amendments of the type
<br />described in the foregoing Section 9.5(b) shall be deemed material and require Mortgagee consent as
<br />provided therein). Any Mortgagee who receives a written request from the Master Association to respond
<br />to or consent to any action shall be deemed to have approved such action if the Master Association does
<br />not receive a written response from the Mortgagee vs ithin 30 days of the date of the Master Association's
<br />request, provided that such request is delivered to the Mortgagee by certified or registered mail, return
<br />receipt requested.
<br />10. ARCHITECTURAL REVIEW COMMITTEE
<br />10.1.. Design Review. No application or request for approvals or peiinits for any Improvements
<br />shall be submitted to the City of Everett or any other authority for any Improvement and no Improvement
<br />shall be commenced, erected, placed, altered, or added to, on, within, 01 beneath the ground level of the
<br />Property until design plans and specifications showing the site layout, structural design. extenor elev ations,
<br />exterior materials and colors, signs, landscaping, drainage, lighting, irrigation, utility facilities layout, and
<br />screening therefor have been submitted for review by the Architectural Review Committee and have been
<br />approved by the Architectural Review Committee in writing, which approval shall not be granted if the
<br />application or request would contradict the tei III s of the Design Guidelines. Notwithstanding the foregoing,
<br />any Owner may renovate, paint, or redecorate the interior of structures on the Owner's Lot without such
<br />approval In addition, no approval shall be required to repaint the exterior of a structure m accordance with
<br />the originally approved color scheme or to rebuild in accordance with originally approved plans and
<br />specifications. It is the intent and purpose of this Master Declaration to achieve a high standard of quality
<br />of workmanship and materials and to ensure harmony of external design with existing Improvements and
<br />anticipated future improvements and with location with respect to topography and finished grade elevations
<br />and other architectural features, and compliance with applicable laws.
<br />10.2. Procedure. In all cases that require Architectural Review Committee review and approval
<br />or consent pursuant to this Master Declaration, the provisions of this Section 10 shall apply. The procedure
<br />and specific requirements for the Architectural Res few Committee review and approval or consent shall be
<br />set forth in the Design Guidelines. The Board may establish and/or supplement any procedure or specific
<br />requirements under this Section 10.2, or define and describe design standards for the Property and uses
<br />therein, so long as any of the foregoing procedui es, requirements, definitions, standards, or uses do not
<br />contradict the teiuis of the Design Guidelines. The Architectural Review Committee may charge a
<br />reasonable fee to the applicant to cover the cost of processing an application for its approval, including,
<br />without limitation, costs of obtaining professional review and advice related to the application. The
<br />Architectural Review Committee may avail itself of technical and professional advice and consultants as it
<br />deems appropriate, at the applicant's expense. Compliance with the design review process set forth in this
<br />Master Declaration is not a substitute for compliance with governmental building, zoning, and subdivision
<br />regulations, and each Owner is responsible for obtaining all governmental approvals, licenses, and permits
<br />as may be required prior to commencing construction.
<br />10.3. Variance. The Architectural Review Committee may, but is not required to, authorize
<br />variances from compliance with any of its Design Guidelines when circumstances such as topography,
<br />natural obstructions, hardship, or aesthetic or environmental considerations so require; provided that such
<br />authorization may be conditioned on separate approval of any such variances by the City of Everett
<br />However, such variances may only be granted when unique circumstances exist and no such variance shall
<br />20
<br />4864-8276-8240, v. 14
<br />
|