1303 58TH ST SW 2016-01-01 MF Import

E. Phase 2 West on Lot 60 was developed with residential multi-family structures, which was completed before completion of the development of Lots 59 and 61, and which was established as a condominium pursuant to Chapter 64.34 RCW known as Keaton's Landing at Merrill Creek Condominium ("Keating's Landing Condominium"). F. Phase 2 East on Lot 59 is being developed with residential multi-family structures, and a portion of which has been established as a condominium pursuant to Chapter 64.34 RCW known as Seabreeze at Merrill Creek Condominium ("Seabreeze Condominium"); it is envisioned that as the remainder of the structures are completed on said Lot 59, said structures will be added to said Condominium. G. Phase 4 (Lots 1-58) was developed as a single-family dwelling subdivision known as "Thi; Ridge" or "Deer Ridge"and is governed by a Declaration of Covenants, Conditions, Restrictions and Reservations recorded under Snohomish County Recording No. 9509140393 as amended by instrument recorded under said County's recording No. 9603150702 ("The Ridge Declaration"). Now therefore, Metco hereby establishes and declares the following Restated Agreement, subject to the terms and conditions set forth herein. 1. Attached hereto as Exhibit B and incorporated herein by reference is a schedule providing for the maintenance and irrigation of the Landscaping. 2. Said Landscaping shall thereafter be maintained and irrigated ("Landscaping Work") in accordance with said schedule and this Restated Agreement. 3. Until such time as said Keating's Landing Condominium was established of record and the first certificate of occupancy was issued in connection therewith, Metco was solely responsible for performing and paying the cost of such Landscaping Work. 4. Commencing with the date that said Keating's Landing Condominium was established of record and the first certificate of occupancy was issued in connection therewith, the Keaton's Landing at Merrill Creek Condominium Owners Association ("Keating's Landing Condominium Association"), which is a Washington non-profit corporation established pursuant to Chapter 64.34 RCW, became solely responsible for performing such Landscaping Work; said Association shall be responsible for paying one-third (1l3) of the cost thereof. 5. Said Lot 59 (and the owner or owners thereof, or an association of such owners [namely Seabreeze at Merrill Creek Condominium Owners Association]) shall promptly upon written request pay to said Keating's Landing Condominium Association one-third (1/3) of the cost of such Landscaping Work. F:\WPDATA\CDOC\MErColl9504.l3.AO3 2 4113191