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Shelter Holdings 9/23/2024 (3)
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Shelter Holdings 9/23/2024 (3)
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Last modified
9/23/2024 3:42:12 PM
Creation date
9/23/2024 3:36:53 PM
Metadata
Fields
Template:
Contracts
Contractor's Name
Shelter Holdings
Approval Date
9/23/2024
Department
Legal
Department Project Manager
Tim Benedict
Subject / Project Title
Master Declaration
Tracking Number
0004524
Total Compensation
$0.00
Contract Type
Real Property
Contract Subtype
Other Real Property
Retention Period
10 Years Then Transfer to State Archivist
Imported from EPIC
No
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1.7. "Bylaws" means the Bylaws of the Master Association, as amended from time to time. <br />1.8. "Condominium" means any property formed as a condominium in the manner provided <br />in the Revised Code of Washington. This definition shall not be interpreted to mean that there is a <br />condominium within the Property. <br />1.9. "Common Area" means all areas within Riverfront provided for the non-exclusive use <br />and enjoyment of Declarant, Affiliates, Owners, and all other Permitted Users of any portion of Riverfront <br />in common with other authorized users as permitted by this Declaration, but shall exclude: (i) any common <br />areas or common elements within any Condominium or apartment project vs ithin the Property that is <br />intended for the exclusive use of the owners and residents thereof, and (ii) any parks, greenways or other <br />real property dedicated to the City of Everett or other governmental authority. The Common Ai ea shall <br />include, without limitation parking areas; access points and internal roadways; walkways; sidewalks* <br />lighting systems and standards, Riverfront identification signs and directional signs; ra nps; service areas <br />and ways; utility areas; landscaping; irrigation or sprinkler systems in landscaped areas; garbage collection <br />areas; retaining walls; perimeter fencing, exterior stairways not attached to buildings; storm water systems <br />and facilities. <br />1.10. "Common Maintenance Area" means the Common Area, if any, and also any areas <br />within public rights -of -way, tracts or other property that the Master Association is required to maintain <br />pursuant to this Master Declaration or that the Declarant (in its sole discretion) or the Board deems <br />necessary, desirable or appropriate to maintain for the common benefit of the Members, including without <br />limitation, all Improvements located outside of the exterior of the buildings within the Property, provided, <br />however that all underground elements, utilities and Improvements that are pile supported by the structural <br />piles of a particular building and all landfill gas collection systems beneath a particular building shall be <br />maintained by the Owner of that building and shall not be considered Common Maintenance Areas. <br />Common Maintenance Areas may also include parks, greenways, storm drainage mamtenance areas, the <br />low permeability barrier of the landfill gas collection system and other real property dedicated to the City <br />of Everett or other governmental authority, if the Owner(s) of the Property or the Master Association is <br />responsible for maintenance of such area. <br />1.11. "Conversion Date" means the date on which the Declarant special rights shall cease. The <br />Conversion Date shall be the earlier of: (i) the date that eighty percent (80%) of the land area of all of the <br />Lots in Riverfront that have been or may be submitted to this Master Declaration have been sold to an <br />Owner other than (a) Declarant or Affiliates (or their affiliates), or (b) an Owner holding title for purposes <br />of development and resale, or (n) such earlier date as Declarant shall, in its sole and absolute discretion, <br />determine. <br />1.12. "Declarant" means Riverfront Phase 1, LLC, a Washington limited liability company and <br />its successors and assigns if such successor or assign acquires all of the Declarant's rights under this Master <br />Declaration pursuant to a recorded instrument executed by Declarant. <br />1.13. "Design Guidelines" means the design guidelines as set forth more fully in the <br />Development Agreement, subject to the Board's right to establish and/or supplement any procedure or <br />requirement therein pursuant to Section 10.2 of this Declaration. <br />1.14. "Environmental Law" means any and all federal, state and local statues, regulations and <br />ordinances pertaining to the protection of human health or the environment. <br />3 <br />4864-8276-8240, v. 14 <br />
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