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HOME

OWNER

MANUAL

LANDED ll GENTRY H 0 M E S A N D COMMUNITIES

Dear Homeowner:

Congratulations on your decision to purchase a residence from Landed Gentry Homes & Communities. We share your excitement and look forward to working with you as we build your new home.

Landed Gentry designed this Homeowner Manual to assist you during and after the purchase of your home. The information presented here will answer many questions and prepare you for each step of the new home experience, making this exciting time easier.

In addition to guiding you through the process of purchasing and building, this manual provides you with maintenance guidelines and a description of our limited warranty program, component by component.

Please take time to review this material thoroughly. Note the amount of detail we have provided. Your new home will receive the same attention to detail.

Please bring this manual to all scheduled meetings. As we progress, you will add items to it. When complete, your manual will provide a useful record of inf01mation about your new home.

If you need clarification or additional details about any topic discussed, please give us a call. We are delighted to welcome you as part of the Landed Gentry family and are always ready to serve you.

Sincerely,

an Gentry resident

Kendra Genti·y-Decker Executive Vice President

Landed Gentry Ho s & Communities Landed Gentry Homes & Communities

504 East Fairhaven Avenue, Burlington, WA 98233 phone 360.755.9021 • fax 360.755 .9029 • www.landedgentry.com

504 East Fairhaven Avenue, Bur l ington, W A 98233

phone 360.755.9021 • fax 360.755.9029 • www. landedgentry.com

Dear Landed Gentry Homeowner, Thank you for purchasing your new home from Landed Gentry! We look forward to working with you to personalize your new home! We have enclosed a preliminary options list for your review showcasing upgrade options available, along with a detailed list of specifications included with your new home at no additional charge. You will have the opportunity to view many of these options in person at your first selections appointment. Prior to our meeting, we encourage you to familiarize yourself with the options and write down any notes or questions that you have. You will meet with our selections team multiple times at preset time points:

Our selections team will be in touch with you shortly after the acceptance of your Purchase Agreement. The purpose of this contact is to answer any questions you may have regarding the construction process and to establish a date for your first selections meeting.

1. The first opportunity to personalize your home is done with our sales team at the

time of your purchase agreement. These options affect the structure of your home and/or the construction schedule. Because of this, these options cannot be added or changed after the contract has been mutually accepted. We refer to these selection items as pre-construction options (PCO’s). A list has been provided for you in your purchase contract.

2. The first selections meeting will be focused on the general selections such as: heating, plumbing fixtures, appliances, lighting fixtures, and electrical and low voltage items. We will review certain items in your Home Owner’s Manual (please bring it with you) as needed and review policies that we have regarding selections documents, payments, etc. There is a due date that must be met for these Phase-1 selections so that we may begin the construction process. Payment, if applicable, for these selections will be due at this time. All of your selections will be made using an ongoing selections addendum that tracks revisions made to your home. We will go over this in your first meeting. Once pricing has been quoted for your selected options, you can accept or decline the document. If you elect to accept the options, we ask that you sign the document and make full payment. In order to facilitate a smooth and even schedule for the construction of your new home, selections addenda that remain unsigned or unpaid become null and void.

504 East Fairhaven Avenue, Bur l ington, W A 98233

phone 360.755.9021 • fax 360.755.9029 • www. landedgentry.com

3. The second meeting will be to pick the flooring & surfaces. This Phase-2 meeting will be approximately two weeks after the Phase-1 meeting. Again, decisions and deadlines are important. This meeting may be lengthy (approximately three to four hours) because we have many products from which to choose as you personalize your home to reflect your tastes and lifestyle.

4. The last meeting is to orient you to your new home when it’s finished. This meeting

is typically scheduled one week prior to closing. You will be able to walk through your home with our customer service representative as we finalize it for closing and delivery to you.

We are honored that you have chosen Landed Gentry to build your new home. If you have any questions, please feel free to contact our selections team using the contact information below. Sincerely,

The Landed Gentry Selections team **Prices are subject to change without notice. List is provided for estimation purposes only. Please see your Landed Gentry Selections Coordinator for confirmation of pricing.

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4

Introduction

Purchasing Your Home

Arranging Your Loan

New Home Selections

Construction of Your Home

Homeowner Orientation

Closing on Your Home

Caring for Your Home

Limited Warranty Guidelines

Fire Prevention

Extended Absences

Energy and Water Conservation

Maintenance of Interior & Exterior

Materials and Systems

Forms Appendix

The Home Build Process

Community Specific Information

COMMUNITY ASSOCIATION:

Declaration of CCRs and

Amendments

Plat Maps and Bylaws

Formation Documents

Budgets

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TABLE OF CONTENTS

SECTION 1

Section 1 - Contents ............................................................................................................................................................... 1 Introduction ............................................................................................................................................................................. 2 What Happens Next? .............................................................................................................................................................. 2 Purchasing Your Home .......................................................................................................................................................... 3 - Purchase & Sale Agreement ............................................................................................................................................. 3 - Addendums ....................................................................................................................................................................... 3 Arranging Your Loan .............................................................................................................................................................. 3 - Loan Application ................................................................................................................................................................ 3 - Loan Application Paperwork ............................................................................................................................................. 4 - Loan Underwriting ............................................................................................................................................................. 5 - Loan Lock .......................................................................................................................................................................... 5 - Loan Closing ..................................................................................................................................................................... 5 - Additional Tools ................................................................................................................................................................. 5 New Home Selections ............................................................................................................................................................. 5 - Included Features ............................................................................................................................................................. 5 - Optional Features .............................................................................................................................................................. 6 - Custom Features ............................................................................................................................................................... 6 - Selections Process ............................................................................................................................................................ 6 - Addendums (Change Orders) ........................................................................................................................................... 7 General Construction Information For Your Home Build.................................................................................................... 7 - Start of Construction ......................................................................................................................................................... 7 - Site Visit Policies ............................................................................................................................................................... 8 - Safety Procedures ............................................................................................................................................................. 8 - Locks and Keys ................................................................................................................................................................. 8 - Instructions for Changing Garage Door Key Pad Code .................................................................................................... 8 - Plans and Specifications ................................................................................................................................................... 8 - Quality ............................................................................................................................................................................... 9 - Private Home Inspectors ................................................................................................................................................. 10 - Single Source .................................................................................................................................................................. 10 - Trade Contractors ........................................................................................................................................................... 10 - Schedules ....................................................................................................................................................................... 10 - Construction Sequence ................................................................................................................................................... 11 Final Walkthrough ................................................................................................................................................................. 11 - Scheduling ...................................................................................................................................................................... 11 - Last-Minute Activity ......................................................................................................................................................... 11 - Preparation ...................................................................................................................................................................... 11 - Completion of Items ........................................................................................................................................................ 12 Closing on Your Home ......................................................................................................................................................... 13 - Date ................................................................................................................................................................................. 13 - Location ........................................................................................................................................................................... 13 - Documents ...................................................................................................................................................................... 13 - "The Final Number" ......................................................................................................................................................... 13 - Preparation ...................................................................................................................................................................... 14 - House Keys ..................................................................................................................................................................... 14 - Garage Door Opener Operators ..................................................................................................................................... 14 - Mailbox Keys ................................................................................................................................................................... 14 - First Mortgage Payment (If applicable) ........................................................................................................................... 14 - Storing Documents .......................................................................................................................................................... 14 - Moving Hints ................................................................................................................................................................... 14

SECTION 2

Section 2 - Contents ............................................................................................................................................................. 15 Caring for Your Home ........................................................................................................................................................... 16 - Homeowner Use and Maintenance Guidelines ............................................................................................................... 16 - Checklists ........................................................................................................................................................................ 16 - Prompt Attention ............................................................................................................................................................. 16 - Manufacturer Literature ................................................................................................................................................... 16 Landed Gentry Limited Warranty Guidelines ..................................................................................................................... 16 - Limited Warranty ............................................................................................................................................................. 17 - Warranty Reporting Procedures ...................................................................................................................................... 18 - Warranty Item Processing Procedures ........................................................................................................................... 19 - Help Us to Serve You ...................................................................................................................................................... 20 - Warranty Service Summary ............................................................................................................................................ 21 Fire Prevention ...................................................................................................................................................................... 22 Extended Absences .............................................................................................................................................................. 23 Energy and Water Conservation ......................................................................................................................................... 23 SECTION 3

Maintenance of Interior and Exterior Materials and Systems ........................................................................................... 26 - Air Conditioning ............................................................................................................................................................... 27 - Alarm System .................................................................................................................................................................. 28 - Appliances ....................................................................................................................................................................... 28 - Asphalt ............................................................................................................................................................................ 28 - Attic Access ..................................................................................................................................................................... 29 - Brick, Stone and Masonry Products ................................................................................................................................ 29 - Cabinets .......................................................................................................................................................................... 30 - Carpet ............................................................................................................................................................................. 30 - Caulking .......................................................................................................................................................................... 32 - Ceramic Tile .................................................................................................................................................................... 32 - Concrete Flatwork ........................................................................................................................................................... 33 - Condensation .................................................................................................................................................................. 34 - Countertops ..................................................................................................................................................................... 35 - Crawl Space .................................................................................................................................................................... 35 - Damp-Proofing ................................................................................................................................................................ 36 - Decks .............................................................................................................................................................................. 36 - Doors and Locks ............................................................................................................................................................. 37 - Drywall ............................................................................................................................................................................ 38 - Easements ...................................................................................................................................................................... 38 - Electrical System ............................................................................................................................................................. 38 - Expansion and Contraction ............................................................................................................................................. 40 - Fencing ........................................................................................................................................................................... 40 - Fireplace ......................................................................................................................................................................... 41 - Foundation ...................................................................................................................................................................... 41 - Garage Overhead Door ................................................................................................................................................... 42 - Gas Shut-Offs ................................................................................................................................................................. 43 - Ghosting .......................................................................................................................................................................... 43 - Grading and Drainage ..................................................................................................................................................... 43 - Gutters and Downspouts ................................................................................................................................................. 44 - Hardware ......................................................................................................................................................................... 45 - Hardwood Floors ............................................................................................................................................................. 45 - Heating System: Gas Forced Air ..................................................................................................................................... 46 - Heating System: Heat Pump ........................................................................................................................................... 48 - Humidifier ........................................................................................................................................................................ 49 - Insulation ......................................................................................................................................................................... 49 - Landscaping .................................................................................................................................................................... 49

SECTION 3 – continued

- Mildew ............................................................................................................................................................................. 51 - Mirrors ............................................................................................................................................................................. 51 - Paint and Stain ................................................................................................................................................................ 52 - Pests and Wildlife ............................................................................................................................................................ 52 - Phone Jacks .................................................................................................................................................................... 53 - Plumbing ......................................................................................................................................................................... 53 - Property Boundaries ....................................................................................................................................................... 56 - Railings ........................................................................................................................................................................... 56 - Resilient Flooring ............................................................................................................................................................ 56 - Roof ................................................................................................................................................................................. 57 - Rough Carpentry ............................................................................................................................................................. 58 - Septic System ................................................................................................................................................................. 58 - Shower Doors or Tub Enclosures ................................................................................................................................... 59 - Siding .............................................................................................................................................................................. 59 - Smoke Detectors ............................................................................................................................................................. 59 - Stairs ............................................................................................................................................................................... 60 - Sump Pump .................................................................................................................................................................... 60 - Ventilation ....................................................................................................................................................................... 60 - Water Heater: Electric ..................................................................................................................................................... 61 - Water Heater: Gas .......................................................................................................................................................... 61 - Windows, Screens, French Doors and Sliding Glass Doors ........................................................................................... 62 - Wood Trim ....................................................................................................................................................................... 63 - What to Expect of Your Hardwood Floor ......................................................................................................................... 64 SECTION 4

Forms Appendix:

Loan Application Checklist Down Payment Worksheet Monthly Payment Worksheet Owner Walkthrough – Final Inspection Moving Preparation Checklist After Your Move Checklist Appliance Service Home-Care Supplies Maintenance Schedule Warranty Service Request Forms - 30-Day Repair Service Request - Year-End Warranty Service Request Homeowner Comment Form Additional Warranty / Maintenance Information (if applicable) SECTION 5

The Home Build Process Community Specific Information - Misc. Maps in Larger Format - Summary of Maintenance Responsibilities - Utility and Community Services Community Association: - Declaration of CCRs and Amendments - Plat Map - Bylaws - Formation Documents - Budget

1

Introduction


Arranging Your Loan

New Home Selections

Construction of Your Home

Homeowner Orientation


Communities Homeowner Manual 1

SECTION 1 Introduction

1. Landed Gentry Homes & Communities — some background on our company 2. What Happens Next? — an overview of the major steps in the home buying process

Purchasing Your Home 1. Purchase & Sale Agreement — a brief description of each of the documents you will receive 2. Addenda — examples of attachments to your Purchase & Sale Agreement

Arranging Your Loan 1. Loan Application — a list of the documents and information typically needed to complete the loan application form 2. Loan Application Paperwork — an overview of the forms involved in processing your application 3. Loan Underwriting — key points to be aware of regarding the loan approval process 4. Loan Lock — lock your loan only after Landed Gentry has provided you with a written TARGET delivery date 5. Loan Closing — avoid changes to your financial circumstances to protect your loan approval 6. Additional Tools — to assist you in determining the amount you have for down payment and monthly payments

New Home Selections 1. Included Features — confirm which features are included in your new home (See Specification Sheets) 2. Optional Features — choose from many popular options to personalize your new home (See Selections Sheets) 3. Custom Features — Landed Gentry’s policy is not to allow custom changes to home structural designs, however some

exceptions may apply. 4. Selections Process — steps and suggestions to guide you through the selections process 5. Addendums (Change Orders) — we will consider change requests in accordance with the process outlined in this manual

General Construction Information for Your Home Build 1. Start of Construction — once you sign the blueprint plan (at your phase 1 meeting), we prepare to start construction 2. Site Visit Policy — for your safety, please adhere to these policies 3. Safety Procedures — please respect the potentially dangerous nature of a construction site 4. Locks and Keys — once you use your house keys, only your keys will open your home 5. Plans and Specifications — no two homes are alike 6. Quality — we monitor work on your home to ensure that the home we deliver meets the standards we promised you 7. Private Home Inspectors — if you opt to hire a private inspector, he or she must follow all policies and procedures 8. Single Source — Landed Gentry selects all personnel and orders all materials that go into your home prior to closing 9. Trade Contractors — trades people have no authority to make changes without Landed Gentry's written change order;

questions you have should be communicated through your Sales Representative or Selections Coordinator 10. Schedules — delivery dates are a target until we confirm a closing date in writing; we promise a minimum of 30 days notice.

Note: do not schedule movers until we have confirmed the move-in date. 11. Construction Sequence — an overview of the major steps typically followed in building a home

Final Walkthrough 1. Scheduling — Landed Gentry sets Final Walkthrough appointments 5 working days prior to closing, between 8:00 AM and

3:00 PM; the walkthrough takes approximately 2 hours 2. Last-Minute Activity — many items are fine-tuned in the last few days before delivery 3. Preparation — hints on how to get the most from your walkthrough 4. Completion of Items — most items are completed prior to your move-in; any remaining work will be performed by

appointment Closing on Your Home

1. Date — Landed Gentry provides a minimum of 30 days' notice for the closing 2. Location — we confirm the location of your closing appointment when we set the appointment 3. Documents — an overview of the materials that you will sign at closing 4. “The Final Number” — due to pro-rations based on your closing date, the final amount you will need to bring can be

determined only after your closing date is set 5. Preparation — reminders to assure you have addressed all necessary tasks prior to closing 6. House Keys — available to you after closing 7. Garage Door Opener Operators — left in a kitchen drawer in your new home 8. Mailbox Keys — available from your post office or Sales Representative 9. First Mortgage Payment — your lender will inform you where to send payments and when the first payment is due 10. Storing Documents — your closing documents are valuable papers; store them safely 11. Moving Hints — some reminders to make moving easier

Landed Gentry Homes and Communities Homeowner Manual

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Introduction Landed Gentry Homes & Communities

Landed Gentry Homes and Communities has been part of the Northwest business community since 1979. Founded by Kendall and Nancy Gentry, Landed Gentry started as a small real estate sales and brokerage company. Over the years the company has evolved to help meet the needs of the community and today, in addition to sales, Landed Gentry offers land development and new home construction in communities that feature active adult, condominium, and all-age neighborhoods.

Though the company has grown substantially over the years, it continues to be family owned and operated. Kendall and Nancy continue to be involved in the daily operations of the company along with son, Brian Gentry and daughter, Kendra Gentry-Decker.

Landed Gentry builds planned neighborhoods that focus on the lifestyle of the homeowner and residents. Each community is thoughtfully created, from the land planning, amenities, and home design to the quality construction. Dedicated customer care follows each purchase. Landed Gentry is based in the Skagit Valley area, and their attention doesn’t leave the neighborhood as soon as the houses are finished.

The Gentry family also owns Wee Care Early Learning Center, and were the founders of Home Place Special Care Centers and Where the Heart is Assisted Living Community.

What Happens Next? An Overview of Your New Home Experience

Purchasing a new home is an exciting experience. The process is also complex, with many details to be decided and arranged. While Landed Gentry is building your new home, you participate by taking care of several important aspects of your purchase. Building a new home is an investment of your money, your emotions, and your time. Many of the tasks will require your attention during regular business hours, Monday through Friday, usually between 8:00 AM and 5:00 PM The chronological list that follows outlines the events that typically take place in the purchase of a new home and provides an overview of the events that will require your time and attention. Where time frames are specified, you need to observe them in order for us to deliver your home on schedule.

Purchasing Your Home The Purchase & Sale Agreement and various addenda constitute the legal understanding regarding the purchase of your new home. Please read this agreement and all attachments carefully. As with any legal agreement, you may wish to have your attorney review them. Once all the paperwork is signed, we suggest you insert those documents in this manual.

Arranging for Your Loan Once you have signed the Purchase & Sale Agreement, finalizing the details of your financing is next. To assist you, we may suggest lenders appropriate for your specific financial situation. This section contains hints and information on the loan process.

New Home Selections Several tasks need to be completed prior to the start of construction. Some of these are our job; some are yours. Shortly after signing the Purchase & Sale Agreement, your sales agent will give you a copy of your selection sheets along with a letter from your Selections Coordinator. She will then contact you to set up your Phase 1 Selections Meeting. Please be aware that any PCO or structural options must be made prior to final of your PSA. This is the first of two meetings to take place at the Landed Gentry office. At that meeting you will be given a floor plan for your home, your Selections Coordinator will explain the selections process in more detail, will schedule all future appointments and will answer any questions you may have about the process. Please bring this manual and your calendar for scheduling to this appointment. At this Phase 1 Selections Meeting, you will finalize most of your choices for your new home, specifically those items categorized under Phase 1 of the Selections Sheets. You will also begin your electrical and low voltage redline process. These decisions must be completed at this meeting, so come prepared. At the Phase 2 Selections Meeting we will address your choices for floor coverings, countertops, window coverings, and finalize your electrical. Construction of Your Home (see “General Construction Information For Your Home Build” found later in this Section 1)

Final Walkthrough The Final Walkthrough occurs just prior to closing. The first task is to confirm that we have delivered your new home at the quality level described in our documents and with all your selections correctly installed. Equally important, we want to demonstrate the features of your home and discuss maintenance and our limited warranty program. For detailed information, please review additional information in this section.


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Closing on Your Home The Closing on Your Home section describes the documents you will sign and other important details about the closing process. We have included guidelines to assist you in preparing for closing and move-in.

Caring for Your Home Many of your responsibilities as an owner under the terms of our limited warranty are discussed in Caring for Your Home, Section 2. Begin now to become familiar with the home maintenance you should provide and our warranty service commitment to you. Landed Gentry plans Two (2.) standard contacts with you during the warranty period. These visits and procedures for services outside these standard contacts are also described in Section 2.

Your Feedback and Suggestions

Our desire to maintain open communication with you extends through the buying process and after your move-in. In an effort to improve the product and service we provide, we welcome your comments on how we've performed. Our goal is to build the best home and the best customer relationship possible. Your feedback helps us reach that goal. As time passes, if your housing needs change, we are ready at any time to build you another home. We also appreciate your referrals for friends and family. Our office is always happy to provide you and others with information about where we are currently building and the products we offer.


You will use several standard forms when you buy your new home. These include the Purchase & Sale Agreement and several addendums. These agreements become binding only when all parties have signed all forms and attachments. If you are new to the United States, Landed Gentry welcomes you and understands that you may be unfamiliar with our business procedures and traditions. We will gladly discuss any questions you may have about the U.S. business practices we will be following.

Purchase & Sale Agreement

Landed Gentry utilizes standard Northwest Multiple Listing Service (NWMLS) forms, along with specialized seller/builder addendums. The Purchase & Sale Agreement is the legal document that represents your decision to purchase a home. It describes your home (both a legal description and the street address), financing information, homeowner association information, and additional legal provisions. We recommend that you read these documents carefully. Several exhibits are typically attached to the Purchase & Sale Agreement. The features of the community determine the specific items, but the list below is typical.

Addendums

Addendum #1: Closing & Warranty Specific conditions & disclosures related to the purchase and warranty of your new home. Addendum #2: Purchase & Sale Worksheet Calculation of purchase price and deposits required. Site Plans: Diagrams of your new home and homesite layout. Homeowner Manual This book is your Homeowner Manual. It will guide you through the building process and serve as a

useful reference after your move in. Homeowner Association Documents (if applicable) Section 5 of this Homeowner Manual includes copies of association

materials, and space for additional materials to be added as needed.

Arranging Your Loan

The first items you'll need to take care of are selecting a lender and completing a mortgage application. Plan to accomplish this within 5 business days of signing your Purchase & Sale Agreement. Take your completed agreement with you when you first visit your lender. Your lender's job is to understand your particular financial circumstances. You will review all information on the application at your meeting with the loan officer. A situation rarely arises that your loan officer has not encountered in the past. Do not hesitate to discuss any questions you have regarding assets, income, or credit. By providing complete information, you prevent delays or extra trips to deliver documents.

Loan Application

The amount of documentation and information required for a mortgage can seem overwhelming. You can facilitate the application process by collecting as much of the required information as you can before your appointment. The following list is a general guide to assist you with the application process. Some of the items listed may not apply to you, and your lender may request some items that we have not mentioned, but this list will get you started. This list is also available as a checklist in the Forms Appendix.

Credit Report and Appraisal You may be asked to pay for the credit report and appraisal upon signing the loan application.


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Property Information The Purchase & Sale Agreement will include the legal description of the property and the price.

Personal Information Social Security number and driver's license for each borrower Home addresses for the last two years Divorce decree and separation agreements, if applicable Trust agreement, if applicable

Income Most recent pay stubs Documentation on any supplemental income such as bonuses or commissions Names, addresses, and phone numbers of all employers for last two years W-2s for last two years Documentation of alimony or child support, if this income is considered for the loan If you are self-employed or earn income from commissioned sales, copies of last two years of tax returns with all schedules and

year-to-date profit and loss for current year, signed by an accountant Real Estate Owned Names, addresses, phone numbers, account numbers for all mortgage lenders for the last seven years Copies of leases and two years of tax returns for any rental property Market value estimates

Liquid Assets Names, addresses, phone numbers, account numbers for all bank, credit union, 401K, and investments Copies of the last three month's statements for all bank accounts Copies of any notes receivable Value of other assets such as auto, household goods, collectibles Cash value of life insurance policies Vested interest in retirement funds or IRAs

Liabilities Names, account numbers, balances, current monthly payments for all revolving charge cards Names, addresses, phone numbers, account numbers for all installment debt, and approximate balances and monthly

payments for such items as mortgages, home equity loans, auto loans Alimony or child support payments Names, addresses, phone numbers, account numbers of accounts recently paid off, if applicable

Loan Application Paperwork

Once your loan officer has all of your preliminary information, your lender sends verification forms to your employers, banks, and current mortgage company or landlord, and also orders a credit report and appraisal. You sign a release to authorize these steps. Your lender will provide you with a Good Faith Estimate and a Truth-in-Lending Disclosure.

Good Faith Estimate: The Good Faith Estimate lists the estimated costs you will incur at closing. Some of the numbers listed on this form are pro-rations, subject to change based on the actual date of the closing. Others are set fees that should remain the same.

Truth-in-Lending Disclosure: The Truth-in-Lending Disclosure shows the total cost to you, over the term of the loan, for your specific financing. The calculation is based on the assumption that you own the home and make regular payments throughout the term of the loan.

Verification of Employment: The lender sends Verification of Employment (VOE) forms to all employers for the last two years. The employers complete, sign, and return the forms to the lender. The forms show the dates of employment, the amount of money you earned last year, and how much you have earned so far this year. The VOE documents bonuses and overtime you earned.

Verification of Deposit: Verification of Deposit (VOD) forms go to each banking institution listed on your application. The institutions indicate the date you opened each account, average balances for the last three months, and the amount of money you have in each account on the day they complete the form. Any loans or overdraft accounts you have with the bank will also be shown.

Verification of Mortgage: Mortgage companies and landlords complete the Verification of Mortgage (VOM) forms. These show the lender how much you owe, the amount of your monthly payment, and whether you make your payments by the due date.

Credit Report: Your credit report shows the amounts you owe to each of your creditors, minimum monthly payments and payment history. The appraisal confirms the value of the home you are purchasing both for you and your lender.


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Loan Underwriting

Typically, several weeks pass as these reports and forms are returned to the lender. If any delays are encountered, the loan officer may contact you for assistance. The credit reporting agency may call you to verify that the information they have gathered is correct. Once the loan processor has collected this standard documentation, you may be asked to write letters describing your assets, income, or credit. Few loans are finalized without requests for additional information just before the package is submitted to the underwriter for final approval. At this point you may become frustrated with the loan process. Remember that your lender requests these letters to assist you in obtaining your financing. Do not hesitate to discuss your concerns with your loan officer. He or she may be able to provide some additional insight into what might seem to be redundant requests.

Loan Amount Requested: Before the processor submits your file to the underwriters for final approval, he or she will verify the final sales price. Make sure that copies of all addenda such as Addendums (change orders) signed after the original Purchase & Sale Agreement was completed have been sent to the lender. This assists the lender in determining the exact loan amount. If Addendums (change orders) affect the total price after this point, you may have to resubmit your loan application for the higher amount or the lender may ask you to pay for the additional items in cash.

Loan Approval: During your first meeting, you and your lender determine the timing for pre-qualification. This allows us to start the home even though final approval is still pending. You will discuss additional items that you may need to obtain final loan approval. Several weeks after your first meeting with the lender, you should receive loan approval. If any documents requested have not been returned to the lender in a timely manner, approval may take longer.

Contingencies: Loan approvals often carry conditions of approval. The sale of a previous home or proof of funds are two examples. Discuss any concerns you may have about such conditions with your loan officer and obtain any requested documentation as soon as possible. Once all contingencies are met, the final loan can be approved.

Loan Amount Approved: If you qualify for an amount that is less than you requested, ask your loan office what changes might qualify you for a larger loan. Or, consider omitting some items now (such as a deck) and adding them to your home later. Another possibility is to talk to another lender with different programs and different requirements.

Loan Declined: If after your best efforts, you are not approved for a loan within 15 days of signing your agreement, in accordance with the Purchase & Sale Agreement, Landed Gentry may elect to refund your deposit upon your signing a release letter and returning this Homeowners Manual to the sales office.

Loan Lock

The only thing anyone knows for certain about interest rates is that they will change. Do not rely on anyone's predictions regarding rates. Locking your rate prematurely can result in extra expense if your new home is not complete in time to close within the lock period. We are happy to update you throughout the process of construction on the target delivery date. As referenced in your Purchase & Sale Agreement, the decision to lock your loan is at best a gamble.

Loan Closing

Between the time your loan is approved and the date of your closing, remember that any significant changes in your financial circumstances could impact your loan approval. If your closing occurs more than 30 days after the lender issues your loan approval, the lender may order an additional credit report just prior to the closing date. Changes in your financial circumstances, for example, purchasing a new car or increases in your charge card will appear as a new liability on your updated credit report. Such changes may cause your lender to reconsider your approval. Holding off on such purchases until after closing is usually best. Additional Tools

To assist with your loan application process, a “Down Payment Worksheet” and a “Monthly Payment Worksheet” are included in the Forms Appendix.

New Home Selections

Part of the fun of buying a new home is selecting features, finish materials, and colors. We are happy to assist you in the exciting process of personalizing your new home. You will make most of these choices at the Landed Gentry design center with our knowledgeable selections coordinators. As you make your choices, consider your present and future lifestyle. Take into account your family's daily activities, hobbies, work, entertaining, and your family's holiday traditions. Landed Gentry’s Selections Coordinators will guide you through this process. Note: For models or homes already under construction, Landed Gentry will most likely have made some or all of these choices already.

Included Features

Each floor plan includes a substantial number of standard features as listed on the Included Features List of the Prospectus and/or the Community Specification Sheets available from your Sales Representative or Selections Coordinator. Please review this information carefully to prevent any misunderstandings about which features are included in the base price of your new home. Your Selections Coordinator will assist you with choosing the finishing details for your new home based on options available. Keep in mind


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that not all standard features may be changed. In addition, the construction schedule imposes time limits on decisions relative to the components of the home. These cut-off dates are explained later in this section. If you have any questions, your Selections Coordinator will be able to assist you.

Optional Features

Based on feedback from our customers, Landed Gentry has developed a list of the most popular options available for the home plans in your new community. The Selections Sheets are organized by components: heating, electrical, plumbing, and so on; and includes the current pricing for most items. The list is updated regularly based on feedback from our customers and fluctuations in costs. These options are community specific.

Custom Features

We recognize that the possibilities for your new home far exceed the popular features we offer on our options list. We make no claim that we mention or offer every possible idea, and in addition to the available options, you may have custom features you want us to consider incorporating into your new home. However, we are a semi-custom production based builder; and therefore in the interest of meeting your schedule, adhering to architectural conformity and local building codes, working with available suppliers, and ensuring our ability to offer a warranty, along with other potential constraints, Landed Gentry reserves the right to deny these requests. We will assist you in any way that we can to make these decisions as early as possible – the sooner the better for construction purposes. Landed Gentry’s policy is not to allow custom changes to home designs. On occasion, we may consider requests for custom features, but a non-refundable design/pricing deposit is required. The deposit does not obligate Landed Gentry to comply with the request if it is deemed impractical following pricing and design review. The deposit is non-refundable even in the event you decide not to proceed.

Selections Process

1. Your Selections Coordinator will schedule Phase 1 and Phase 2 Selections Meetings with you to review the build process, provide a set of plans for your review, and answer any questions you may have. You will also receive copies of the selections sheets. Please spend time reviewing lights, switches, and TV(AV)/Phone/Data plate locations, and phone locations. Note: Outlets cannot be moved as they are set by code, but additional ones may (community specific) be purchased. TV(AV)/Phone plates can be moved at this stage to suit your needs. 2. Selections Meetings will be scheduled as soon as possible. Plan to finalize your choices according to the time limits outlined in the Selections Sheets, especially for items requiring advance notice. Your prompt completion of these selections helps prevent delays caused by backorders.

Informed Choices – We recommend that you review the maintenance tasks and warranty guidelines in Sections 2 and 3 of this manual prior to making your selection decisions. Be Thorough – The Selections Sheets are very detailed, so be sure to fill in all information completely. Costly errors arise from incomplete lists. Please double-check all color and style details, square footages, pricing totals, and locations on your floor plan. Initial and date each page, and sign and date where indicated on the main worksheet. Exterior Choices – You will make exterior selections with your Sales Representative at the time of signing your Purchase & Sale Agreement. The Selections Coordinator cannot change the exterior color choice. We require that you choose from the standard color options that have been predetermined for your neighborhood. Viewing existing homes is a good way to select exterior colors, as materials often look different on a full-size home. Please note that your community association and the selections your future neighbors have made may limit your choices for exterior finish materials or colors. Selection Hold – We reserve the right to place a hold on your selections until your lender has approved your loan and all contingencies are released. Availability – If a selection you make turns out to be unavailable, we will contact you and request that you make an alternate selection. Because so many choices are offered, Landed Gentry is unable to predict when a particular manufacturer or supplier may discontinue any particular item. We regret any inconvenience this causes. Similarly, materials readily available when your home is built may not be available in years to come if replacements are needed. Record of Selections – Please retain your Selections Sheets for future reference. They are useful for matching paint colors, tile grout, and replacement items in your home. Colors – You are welcome to bring cushions or swatches to the design center to coordinate colors. Remember to view color samples in both natural and artificial light to get an accurate impression of the color. Variations between samples and actual materials installed can occur as a result of the manufacturer's coloring process (dye lots) and the fact that over time, sunlight and other environmental factors affect the samples. Some colors will appear different when seen in a large area as opposed to the sample. This is particularly true with tile, slate and other natural materials.


7 Rev. 3.13.18

Addendums (Change Orders)

Landed Gentry uses an “Addendum/Endorsement to Agreement of Sale” (Change Order#) form, two primary ways: 1st – to describe and document any changes you may request to your new home's plans or specifications, and 2nd – to price certain upgrades. By using an Addendum, you may also request pricing for a new component or change a selection previously ordered. In order to deliver your home as close as possible to the target date, we order materials well in advance of installation. Once an item is ordered, making further changes may require adjusting the delivery date and entail additional costs.

Processing When you request a change, the Selections Coordinator will document the request and submit it for approval and, in the case of custom changes, pricing. Pricing of custom changes requests typically takes 5 to 7 business days. Sometimes, a seemingly minor change impacts other elements of the home, and therefore may come with hidden costs. For example, if you order a ceiling fan, wiring is added and the framing that will hold the fixture is reinforced. Changes of any kind requested after the phase cutoff dates for your home’s construction include a $250.00 administrative fee. This is necessary because previously issued paperwork must be canceled and reissued. If the change you request impacts the construction schedule, our pricing will include construction loan interest for the additional days and any other impact fees. The cost of deleted items will be credited to you, although administrative fees are non-refundable. Changes are subject to approval by Landed Gentry.

Information on pricing and any schedule adjustment is returned to your Selections Coordinator who will then contact you for a final decision. If you elect to proceed with the change, we ask that you sign the change order and make full payment. Change orders that remain unsigned or unpaid become null and void upon the expiration date shown on the change order. For the protection of all concerned, all changes are documented and incorporated into your new home only after: • Landed Gentry has approved and signed the change • You have approved, signed, and paid for the change prior to its expiration date • The applicable building department has approved the change, when applicable Our contracts with our trade contractors prohibit them from making any changes to plans or specifications without written authorization from Landed Gentry.

Cutoff Points for Selections and Changes Landed Gentry follows a schedule of cutoffs for changes, as shown at right. Because of the need to schedule trade contractors and order materials in advance, Landed Gentry reserves the right to deny changes requested after these cutoffs.

Note: After your Phase 2 Selections Deadlines, no changes are allowed.

General Construction Information For Your Home Build

The construction of a new home differs from other manufacturing processes in several ways. By keeping these differences in mind, you can enjoy observing the construction process as we build your new home. • As a consumer, you rarely have the opportunity to see the product you purchase from start to completion. Your new home is

created specifically for you. • You have more opportunity for input into the design and finish details of a new home than for most other products. Our success in

personalizing your home depends on your effective and timely communication of your choices. • Because of the time required for construction, you have several opportunities to view your home as it is built, ask questions, and

discuss details. Start of Construction

Before construction of your home can begin, Landed Gentry has several important tasks to accomplish that involve outside people and entities that may affect the start date. For example: • Changes to the plans may necessitate revision of engineering for the home. This must be completed prior to finalizing the

Purchase and Sale Agreement and can take from several days to several weeks. • Residential construction requires that we obtain a building permit. The process varies and can take a few weeks to months,

depending on the volume of applications being processed by the building department. This volume varies from month to month. Generally, we allow a few weeks.

• The time of year may affect the start date because of the weather conditions.

Selections / changes affecting: Must be made and paid

foundation, floor plan, plumbing, mechanical systems, appliances, windows, doors, trim, hardware, mirrors, bathroom fixtures, closets, window blinds, cabinetry, lighting, audio-video, security, and electrical

At Phase 1 Selections - 7 days Following

floor coverings, countertops, finalize electrical & low voltage

Phase 2 Selections – 7 days Following


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Site Visit Policies

We share your excitement for the process of creating your new home, and we understand your desire to see your home as it is built. We will do everything that we can to accommodate occasional work site visits; however, a number of factors contribute to our ability to meet your requests. Factors such as insurance mandates, the safety needs of our construction workers, staff and visitors, the conditions associated with the various construction phases, as well as scheduling requirements, oblige us to enforce the following site visit policies: • All visits must be scheduled in advance. To make an appointment, please contact your Sales Representative. Do not enter the job

site without having made prior arrangements. • On-site workers must not be interrupted or distracted in any way. • All safety procedures must be carefully followed. Please refer to “Safety Procedures” in this section. • We reserve the right to delay your visit, based on circumstances at the site such as physical obstacles, equipment operation,

hazardous chemicals, weather conditions, etc. • Please note that for many reasons, we cannot allow you to paint or install any materials in the home until after closing.

Safety Procedures

A new home construction site is exciting, but can also be dangerous. Your safety is of prime importance to us. Therefore, we require that you stop by the sales office before visiting your homesite. We reserve the right to require that you wear a hard hat and that a member of our staff accompany you during your visit. Please observe common sense safety procedures at all times: • Wear appropriate clothing and shoes – remember, this is an active construction site! • If you plan on children accompanying you to the site, please keep older children within view and younger children within reach, or

make arrangements to leave them elsewhere when visiting the site. • Do not walk backward, even one step. Look in the direction you are moving at all times. • Watch for boards, cords, tools, nails, or any construction materials that might cause tripping, puncture wounds, or other injury. • Do not enter any level of a home that is not equipped with stairs and rails. • Stay a minimum of six feet from all excavations. • Give large, noisy grading equipment or delivery vehicles plenty of room. Assume that the driver can neither see nor hear you. • Do not interrupt or distract the workers. • Do not enter the structure when overhead work is being done. • Follow all instructions from on-site staff. If you are asked to leave, please know that it is to protect your safety and that of our

workers and trade contractors. In addition to safety considerations, be aware of the possibility that mud, paint, drywall compound, and other construction materials are in use and can get onto your skin and clothing. Locks and Keys

Once exterior doors and locks are installed, we will access your home with a construction master key or by use of a special code on the garage door opener. Company policy prohibits staff members from loaning these keys to customers. When you take possession, please make sure that you change the access code to your garage door, as many people may have the previous construction code.

Instructions for Changing Garage Door Key Pad Code (1) Press the red button on the back of the opener (2) Enter your new 4-digit number on the key pad on the side of the garage (3) Press the enter key

Plans and Specifications

The building department of the city where your new home is located must review and approve all plans and specifications. We construct each home to comply with regulations of the applicable building department. Additionally, Landed Gentry builds your home based on those plans and specifications you have signed. Your specifications become part of our agreements with trade contractors and suppliers. Only written instructions from Landed Gentry can change these contracts. Landed Gentry reserves the right to make changes deemed necessary. If you notice that your home differs from other homes in the community or the model home you viewed, remember that many factors can cause variations between existing homes and the home we deliver to you.

Regulatory Changes From time to time, city or county agencies adopt new codes or regulations that can affect your home. Such changes are usually adopted in the interest of safety and are legal requirements with which Landed Gentry must comply. Therefore, builders may construct the same floor plan slightly differently in two different jurisdictions or at two different times within the same jurisdiction.


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Individual Foundation Designs Another area where variations among homes can appear is in the foundation system. The foundation design is specific to each lot. Your foundation may differ from your neighbors' foundation or that of the same home in another neighborhood. Topography and Homesite Conditions Because each homesite is shaped differently, the position of your home on the site may vary from others in the community. You will receive a copy of a site plan, a drawing that shows you the home's position on your homesite. Landed Gentry reserves the right to shift the home to avoid buried utilities or other obstacles. In addition, exterior elevations of each home are affected by the topography, or surface contours, of your homesite. For instance, slope on the site may affect the configuration of the driveway, walks, steps, and rails. Exterior finish varies in accordance with the slope, and retaining walls are sometimes required. Our construction practices include steps intended to preserve trees in a healthy condition. However, because the reaction of trees to construction activities is outside our control, we cannot guarantee the health or survival of any existing trees. Utilities and Mailboxes The location of meters, phone and electrical junction boxes, and mailboxes are examples of items outside the control of Landed Gentry. The authority of the utility companies and the U.S. Postal Service to designate the placement of these items is well established. Changes in Materials, Products, and Methods The new home industry, building trades and manufacturers are continually working to improve methods and products. Manufacturers sometimes make model changes that can impact the final product. For instance, appliance manufacturers generally make design changes every year. Model homes will show the appliances that were current when the models were built, while your home may have a more recent version. In all instances, as required by your Purchase & Sale Agreement, any substitution of method or product that we make will have equal or better quality than that shown in our models. Since such substitutions or changes may become necessary due to matters outside our control, we reserve the right to make them without notification. Model Model homes may be equipped with larger capacity air conditioners to accommodate additional traffic. Models also display many decorator items, window coverings, and furnishings. Mature landscaping, extra walks, fences, lighting, fountains, signs and flags are other examples of items which are not part of the home we will be building for you. Please review your home's specifications as well as information Landed Gentry provides about optional items displayed in the models carefully to avoid misunderstandings. Contact your Sales Representative with any questions. Because finish sizes can vary somewhat, you should measure for window coverings in your home rather than in any model. Television and the Internet You may be aware of various home construction methods and materials from watching television programs or exploring the Internet. Landed Gentry routinely reviews new approaches with a focus on building homes with materials and methods that perform predictably and to our standards. While we will be happy to discuss alternative methods and materials you may be interested in, we take a conservative approach to utilizing new approaches until they have been proven over time. In addition, what is appropriate for a home in one area may not be appropriate for your home because of soil, climate, and other conditions. Natural Variations Dozens of trade contractors are involved in the assembly your home. The same individuals rarely work on every home and, even if they did, each home would still be unique. The exact placement of switches, outlets, registers, window location, exact square footages and, so on will vary slightly from the model and even other homes of the same floor plan. If there are specific locations you want certain items (i.e. ceiling lights, outlets, switches, please let your Selections Coordinator know during your Selections Meetings. Options offered are community specific.

Quality

Our company will build your home to the quality standards described in our documents and demonstrated in our model homes. Each new home is a handcrafted product, combining art, science, and raw labor. The efforts of many people with varying degrees of knowledge, experience, and skill come together.

Errors and Omissions From time to time during a process that takes several months and involves hundreds of people, an error or omission may occur. We have systems and procedures for inspecting our homes to ensure that the level of quality meets our requirements. We inspect every step of construction and are responsible for quality control. In addition, the county, city, or engineer conducts a number of inspections at different stages of construction. Your home must pass each inspection before construction continues. Your Questions We also respect your interest and appreciate your input into our system. However, to avoid duplication of efforts, confusion, misunderstandings, or compounding errors, we ask that you first check your purchase documents to review what you ordered and the specifications for construction of your home. If you still believe we are in error, do the following:

Contact your Selections Coordinator, in writing, with your questions using the “Our Customer Wants to Know” form in the Forms Appendix. We will note the date received and will respond within two business days. Also, keep the following points in mind when notifying us of a concern:


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• Your concern may involve a detail that has already been noted. Still, corrections may not occur immediately. Trade contractors and suppliers often impose trip charges for extra visits to the homesite, so to be efficient, we may schedule the correction for the next routine visit. Also, a particular trade may be unavailable on short notice.

• Work may simply be incomplete; early stages might look wrong to you but be exactly right when finished. • Methods and materials vary from region to region and change over time. When you are familiar with one method, you

naturally question a different one. That does not make the new method wrong. Ask questions until you are comfortable. Ugly Duckling Stages During the construction process, every home being built experiences some days when it is not at its best. Homes under construction endure wind, rain, snow, foot traffic, and activities that generate noise, dust, and trash. Material scraps are a byproduct of the process. Although your new home is cleaned regularly during construction process, during your visits you will encounter some messy moments. Keep in mind that the completed homes you toured also once endured these "ugly duckling" stages.

Private Home Inspectors

If you wish to retain the services of a private home inspector to review your home during or at the end of construction, please be aware of Landed Gentry policies regarding private inspectors. Your inspector: • Must provide us with evidence of current worker's compensation and liability insurance. • Must be a member of a professional association such as the American Society of Home Inspectors. • Must be familiar with the codes applicable in your jurisdiction. • Should be experienced with new home construction. • Is responsible for staying informed as to the stage of construction the home has reached. • Should avoid making any markings on the home itself. • Should provide you and Landed Gentry with a written report of any concerns. • Must be accompanied by a Landed Gentry representative and a fee may be charged. • Must follow all safety regulations.

Single Source

Landed Gentry is a single source company. That means that we select all personnel and companies who will contribute to your home. We order all materials and products from suppliers with whom we have established relationships and comply with our quality and insurance standards. For this reason, Landed Gentry does not install materials supplied by customers. Trade Contractors

Your home is built through the combined efforts of specialists in many trades – from excavation and foundation, through framing, mechanicals and insulation, to drywall, trim and finish work. In order to ensure you the Landed Gentry's standard of construction, only authorized suppliers, trade contractors, and Landed Gentry employees are permitted to perform work in your home. Each trade contractor works on a limited portion of the home; they may not be aware of all the details that affect the home and are not in a position to offer judgments. All questions or requests for changes must go through Landed Gentry, and we will obtain input from trade contractors when that is appropriate. Suppliers and trade contractors have no authority to enter into agreements for Landed Gentry. For your protection and theirs, the terms of our trade contractor agreements prohibit alterations without written authorization from Landed Gentry. Their failure to comply with this procedure can result in termination of their contract. Discuss changes you are considering only with your Selections Coordinator – not with the construction workers.

Schedules

The delivery date for your new home begins as an estimate. Until the roof is on and the structure is enclosed, weather can dramatically affect the delivery date. Even after the home itself is past the potential for weather-related delays, weather can severely impact installation of utility services, final grading, and concrete flatwork, to mention a few examples. Extended periods of wet weather or freezing temperatures bring work to a stop in the entire region. When favorable conditions return, the trade contractors go back to work, picking up where they left off. They are as eager as you are to get caught up and to see progress on your home. Please do not schedule movers until we have confirmed the move-in date.

Delivery Date Updates Landed Gentry recognizes that timing is critical to planning your move. Although a guaranteed date is unrealistic in the early stages of construction, we can provide regular updates. As the home nears completion, your Sales Representative can provide a more firm delivery date (usually 60 days before the closing), and will notify you of any schedule changes. Meanwhile, be flexible and avoid making arrangements that might cause you worry if the move-in date changes. • We will update you on the estimated delivery date at each of our construction meetings. You may review provisions regarding

completion in your Purchase & Sale Agreement. You are also welcome to check with us for the most current target date. As completion nears, more factors come under our control and we can be more precise about that date. Expect a relatively firm closing date issued no later than 30 days before delivery; typically 60 days.


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• We suggest that, until you receive this commitment, you avoid finalizing arrangements for your move. Until then, flexibility is the key to comfort, sanity, and convenience. We want you to enjoy this process and avoid unnecessary stress caused by uncertainty that cannot be avoided. Review the Loan Lock heading under Arranging for Your Loan for additional suggestions on this topic.

• Please keep in mind that your belongings may be brought into the home only after closing because of insurance issues, security, and the regulations of the applicable building department.

"Nothing's Happening" You should expect occasional days during construction of your home when it appears that nothing is happening. This can occur for a number of reasons. For example, each trade contractor is scheduled days or weeks in advance of the actual work. This period is referred to as "lead time." Time is allotted for completing each trade's work on your home. Sometimes, one trade completes its work a bit ahead of schedule. The next trade already has an assigned time slot, which usually cannot be changed on short notice. Progress also pauses while the home awaits building department inspections. This is part of the normal sequence of the construction schedule and occurs at several points in every home. Also, throughout construction of a home, work progresses rapidly at some stages as highly visible components are completed (such as installing large expanses of walls) and more slowly at others (such as detail work in framing in soffits and closets). If you have questions about the pace of work, please contact your Sales Representative or Selections Coordinator for an update. Do not interrupt site managers or laborers, as they will not have the information you need.

Construction Sequence

Although the specific sequence of steps varies and overlaps, generally we build your home in the following order:

Final Walkthrough

Your Final Walkthrough is an introduction to your new home and its many features. We follow a preplanned agenda and a set route through the home to ensure that we cover everything. Our homeowner orientation provides you with a: • Demonstration of your new home • Review of key points about maintenance and limited warranty coverage • Confirmation that Landed Gentry has installed selections and options as you ordered them

Scheduling

We schedule the walkthrough with you as your home nears completion, typically 3-5 working days prior to closing. Especially in winter months, beginning by 1:00 PM assures sufficient day light to view all surfaces adequately. We meet at your new home. Expect your Walkthrough to take approximately 2 hours.

Last-Minute Activity

If you visit your home a day or two prior to your Homeowner Acceptance & Orientation Walkthrough, you may notice dozens of details that need attention. During the last few days just prior to your walkthrough, many trade contractors and Landed Gentry employees will be working in your home. They are completing last-minute adjustments and fine-tuning your home. These finishing touches cannot be performed until all of the parts have been installed. What seems like a rush of activity is a normal part of the construction process. Preparation

Following these hints will assure that you get the maximum benefit from your orientation. Allow Enough Time Arrange your schedule so you can use the full amount of time allotted.

1. Foundation Excavation Footing installation Form and pour walls Perimeter drain Waterproofing (site specific) Inspection

2. Framing First and second floors Roof trusses Roof sheathing

3. Roofing Felt or paper Flashing Composition roofing

4. Exterior Exterior trim

▫ Fascia (boards at ends of rafters)

▫ Windows, doors ▫ Sheathing ▫ Finish materials ▫ Trim ▫ Deck ▫ Gutters

Exterior paint, stain Concrete or asphalt

5. Interior Mechanical systems

▫ Plumbing

▫ HVAC (heating, ventilating, air conditioning)

▫ Electrical, extra outlets ▫ Inspections

Insulation (attic insulation blown in after drywall)

Drywall hang, inspection, and tape/texture

Paint Cabinets and Countertops Flooring: tile, laminate, vinyl

or wood Interior trim (doors, hardware,

baseboards, casings, etc.)

Light fixtures, electrical Plumbing fixtures Floor coverings (carpet, etc.) Appliances Screens and window coverings

6. Construction cleaning 7. Builder's punch list 8. Improvement survey 9. Fine grading and landscaping 10. Final inspection, certificate of

occupancy 11. Homeowner orientation &

acceptance 12. Closing 13. Home maintenance


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Bring This Manual By having your manual, Selections Sheets, plans, and any approved Addendums (change orders) with you, any questions about the items installed in your home can usually be answered conveniently and immediately.

Attend Alone Our experience shows that the orientation walkthrough is most beneficial when buyers focus all their attention on their new home and the information we present. Although we appreciate that friends and relatives are eager to see your new home, it would be best if they visit after your walkthrough. Similarly, we suggest that, if possible, children and pets not accompany you at this time. If a real estate agent has helped you with your purchase, he or she is not required to attend.

Review the Form During the orientation, you will use the “Owner Walkthrough – Final Inspection” form, a copy of which is included in the Forms Appendix. We will note any details that need attention on this form.

Cosmetic Surfaces Cosmetic surface damage caused during construction is readily noticeable during the walkthrough. Such damage can also occur during the move-in process or through daily activities. Therefore, as part of your walkthrough, we will confirm that all surfaces are in good and acceptable condition. Any details that need attention will be listed on your Owner Walkthrough - Final Inspection form. After we correct any items noted during the orientation, repair of cosmetic surface damage is your responsibility. Our limited warranty specifically excludes repairs for damage caused by moving in or living in the home. If your movers scratch the marble entry floor bringing the piano in, notify the moving company. If you splinter some wood trim and break a taillight backing out of your new garage, repairs to the garage and to the car are your responsibility. Landed Gentry is always available to assist you with information about cosmetic repairs you may need to make.

Bring Questions Be sure to read the maintenance information, limited warranty, and warranty guidelines in Sections 2 and 3 of this manual. If you have questions, make note of them to bring up at the orientation.

Attire Wear shoes that are convenient to get off and on. We will tour both the exterior and interior of your home. Anticipate that some dust, bending, kneeling, and reaching may be encountered.

Get Involved Plan to listen carefully and take a hands-on approach. Push buttons, lock locks, and flip breakers. This helps you remember the dozens of details we cover.

Quality The overall quality of your home should equal that shown in our models and described in your purchase documents. We list items we agree need further attention and arrange appropriate work. Orientation items fall into several categories:

• Incomplete or missing (cabinet knob not installed.) • Incorrect (porch light should be oil rubbed bronze, not brushed nickel.) • Dysfunctional (bath fan does not work.) • Below company standard (mitered corner rough, top right of den door, hallway side.) • Damaged (scrape on wall from carpet installation.) • Not cleaned (mud on the garage floor.)

At some point, quality ceases to be scientific and becomes a matter of personal taste. In a few areas, your personal standards may be even higher than ours. Our commitment to you is that we will deliver what we promised. If you wish to make it even better after moving in, we will be happy to assist you with information.

Completion of Items

Landed Gentry takes responsibility for resolving any items noted. We will complete most items before your move-in. If work needs to be performed in your new home after your move-in, construction personnel are available for appointments Monday through Friday, 8:00 AM to 3:00 PM Under normal circumstances; you can expect us to resolve all items within 15-30 working days. We will inform you of any delays caused by back-ordered materials. Please note that we will correct only those items listed on the form. No verbal commitments of any kind will be honored by Landed Gentry. Gaining access to occupied homes to complete orientation items is a concern to homeowners and builders alike. Landed Gentry asks that you make appointments so that someone over 18 is present for repairs. Working around your busy schedule may result in service taking longer than anyone wants. Your cooperation is essential. Service hours are typically 8:00 AM to 4:00 PM, Monday through Friday. As noted above, typically your final orientation walkthrough will be scheduled the week prior to closing. At the end of your homeowner orientation, you will receive:

• The manufacturer's literature for the furnace, water heater, and other consumer products. • Copies of completed Owner Walkthrough - Final Inspection form. We suggest you insert those forms here.


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At closing the Purchase & Sale Agreement is completed: Ownership of your new home is transferred from Landed Gentry or any affiliated entity to you. The steps include finalizing your loan (one set of papers and checks) and the selling of the home (another set of papers and checks). Funds are disbursed to the appropriate people and companies, title is transferred to your name(s), and the loan is recorded against your new property. This process involves about 75 documents, some of which are duplicates. Although these documents are not negotiable and thousands of home buyers have signed them, you should read them.

Date

Landed Gentry recognizes that timing is vitally important in planning your move and locking in your loan. We can specify an exact delivery date when construction reaches a point at which weather, material and labor shortages, lender issues, or Addendums (change orders) are unlikely to affect completion of your home. The closing takes place shortly after your orientation. Landed Gentry will notify you of the closing date 60 days or more before the date. We set the specific appointment time with at least 3 day's notice. Typically, the closing process takes about an hour. On the day of closing, you will receive your keys after 4:00 pm.

Location

The closing on your new home typically takes place at the title company, although it occasionally occurs at the lender's office. The title company will confirm the location with you when they set the appointment.

Documents

At closing, the documents necessary to convey your new home to you and to close the loan from the mortgage company will be signed and delivered. In addition to these standard items, the lender, the title company, and Landed Gentry may require other documents to be signed. The principal documents typically include the following:

General Warranty Deed The general warranty deed conveys the home and lot (homesite) to you, subject only to permitted exceptions. Title Commitment At or before closing, we will deliver to you a standard form for an American Land Title Association (ALTA) owner's title insurance commitment to insure salable title of your home to you in the amount of the purchase price, subject to the permitted title exceptions that may be described in the purchase documents. The title insurance company will mail the actual policy in the weeks following the closing. When you receive this, keep it in a safe place with your other important papers. What you will see on the day of closing is a document that promises to issue the policy. Lenders require title insurance in the amount of the mortgage. This insurance protects the lender in the event the title search missed anything. You are wise to request an owner's policy to protect your interest in the property. By ordering the owner's policy from the same company that issues the lender's policy, you can save a bit; the title insurance company will usually issue a second policy at a discount. Review the title commitment carefully. Discuss any questions with your title company. Within 60 days after the closing, the title company mails a standard ALTA owner's title insurance policy, insuring you the title to your home in accordance with the commitment you received at closing. Keep the title insurance policy with your other valuable papers. Promissory Note (if applicable) The note is from you, payable to the lender in the principal amount of the loan, plus interest. One-twelfth of your annual taxes and homeowner's insurance may be added to the principal and interest payment to determine your total monthly payment. Deed of Trust (if applicable) Encumbers your home as security for repayment of the note. Homeowner Association Documents You will receive and sign for a copy of your association covenants, conditions, and restrictions; the association bylaws; and articles of incorporation at closing. Landed Gentry recommends that you read these carefully. The provisions they contain will be enforced.

"The Final Number"

Certain customary items in connection with the property will be prorated to the date of closing such as prepaid expenses, or reserves required by your lender and homeowners association, if applicable. Pro-rations of general real property taxes and assessments will be based on the current year's taxes and assessments or, if they are unavailable, on the taxes and assessments for the prior year. Please note that the cost of upgraded selections and options must be paid at the time they are chosen, and cannot be paid for at closing. The final cost figure is available near to the actual closing. Although a reasonably close estimate may be determined before the date of closing, the pro-ration of several items included is affected by the closing date and cannot be calculated until that date is known. The Real Estate Settlement Procedures Act (RESPA) provides you with many protections. Under this law, you can review the settlement page that lists costs you are paying at closing one day before the closing appointment.


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Preparation

The key to a smooth closing is preparation. Several details require your attention. You can handle most of these by phone. Address these details during the weeks before closing to prevent last-minute delays.

Form of Payment Plan to bring certified funds, or a bank check (made out to the escrow company) to the closing table. In your planning, be sure to allow time to arrange for and obtain these funds. Keep in mind that some banks place a hold on monies moved from another account. Insurance You need to provide proof of a homeowner's policy from your insurance company. Your insurance agent should know exactly what is needed. We suggest you arrange for this at least 3 weeks before the expected closing date. Landed Gentry or Lender Issues The title company is not authorized to negotiate or make representations on behalf of any of the parties involved in the closing. Therefore, please discuss any questions, agreements, or other details directly with us or your lender in advance of the closing. Utilities Landed Gentry will have utility service removed from its name 3 days after closing. You will need to notify all applicable utility companies of your move so that service is provided in your name. We suggest that you contact these companies well ahead of time to avoid any interruption in service. If you ordered a security system for your home, you can arrange to activate that system by contacting the monitoring service for a connection appointment. For your convenience, we have included a list of local utility companies and contact information in the Forms Appendix.

House Keys

When the closing process is complete, you will get the keys to your new home. You will receive two keys for each lock on your home. The same key will operate both the knob and the deadbolt locks. We recommend that you try all of the keys in all of your locks to confirm smooth operations. Depending on the number of family members living in the home, you may want to get extra copies of your house keys made. Garage Door Opener Operators

Garage door opener operators, if applicable, will be left in a drawer in your kitchen. If you wish to change the code, review the manufacturer instructions. If your garage door has a coded key pad, you must change the entry code from the one used during construction. Batteries typically need to be replaced about once a year. Mailbox Keys

U.S. Postal Service regulations state that, Landed Gentry is not always permitted to deliver mailbox keys to you. Mailbox keys, where applicable, are available from your post office or the onsite sales office. You will need proof of identity, and you will be asked to sign for your keys. First Mortgage Payment (If applicable)

Your lender will provide you with information on where to send your mortgage payments and when the first payment will be due. Many lenders supply payment coupons for you to send in with your payments. Storing Documents

We suggest that you store the legal documents from your closing with other valuable papers, in a safe place. You will need them for tax purposes and when you refinance or sell your home. Moving Hints

To help you with your move, we have included a “Moving Preparation Checklist” and “After Your Move Checklist” in the Forms Appendix. Take precautions to protect vulnerable surfaces such as hardwood or resilient floors: cover rails with moving pads or blankets, remove doors where furniture might be a tight fit, protect carpet with ribbed, plastic runners. Professional movers should have insurance for any damage they might accidentally cause. Friends and relatives will not. They are also unlikely to have the training and practiced skills of professional movers. If you are moving yourself, organize the schedule to avoid rushing and include rest breaks. People who are tired or in a hurry are more likely to hurt themselves or damage belongings.

2


Limited Warranty Guidelines

Fire Prevention

Extended Absences



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SECTION 2

Caring for Your Home 1. Homeowner Use and Maintenance Guidelines 2. Checklists 3. Prompt Attention 4. Manufacturer Literature

Landed Gentry Limited Warranty Guidelines 1. Limited Warranty -- a simple list of what is covered under warranty and any exclusions 2. Warranty Reporting Procedures -- standard, emergency, and appliance warranty procedures 3. Warranty Item Processing Procedures — a simple description of a complex process 4. Help Us to Serve You — things you should know so we can provide effective warranty service 5. Warranty Service Summary — a quick-reference guide to who to contact for service

Fire Prevention 1. Train Family Members 2. Practice Prevention

Extended Absences 1. Plan in Advance 2. As You Leave

Energy and Water Conservation 1. Heating and Cooling 2. Water and Water Heater 3. Appliances 4. Electrical 5. Maintenance


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Landed Gentry has constructed your home with carefully selected materials and the work of experienced craftsmen and laborers under the supervision of our field personnel, with the administrative support of our office personnel. Although this group works from detailed plans and specifications, no two homes are exactly alike. Each one is unique; a home is one of the last hand-built products left in the world. Over time, each behaves differently. Although quality materials and workmanship have been used in creating your home, similar to an automobile, it requires care from the first day. Regular homeowner maintenance is essential to providing a quality home for a lifetime. This section of our manual was assembled to assist you in that effort. In some neighborhoods (active adult or condominium communities), the owners’ association may administer certain maintenance elements. While in these cases, the association may manage some maintenance items, such as repainting and re-roofing, it is ultimately your responsibility as homeowner and member of the owners’ association to ensure that proper maintenance is occurring on your home. Homeowner Use and Maintenance Guidelines

We are proud of the homes and neighborhoods we build. We strive to create lasting value. This is best achieved when you, as the homeowner, know and perform appropriate maintenance tasks. Periodic maintenance is necessary because of normal wear and tear, the inherent characteristics of the materials used in your home, and normal service required by the mechanical systems. Natural fluctuations in temperature and humidity also affect your home, resulting in maintenance items. The natural and manufactured materials, the components interact with each other and the environment. To assist you with the maintenance of your new home, we have included a section on Maintenance of Interior and Exterior Materials and Systems, under Section 3. We recognize that it is impossible to anticipate and describe every attention needed for good home care. We focused on items that homeowners commonly ask about. The subjects are listed in alphabetical order to make finding answers to your questions convenient. Because we offer home buyers a variety of floor plans and optional features, this manual may discuss components that are not present in your home. Checklists

You will find several checklists in the Forms Appendix of this manual, including “Appliance Service,” “Home-Care Supplies,” and “Maintenance Schedule” checklists. These cover fire prevention reminders, energy and water conservation tips, suggestions for extended absences, appliance service information, home maintenance supplies, and a maintenance schedule. We make no claim to have included every detail, best practices do change from time to time. We believe we have provided you with a good start, and we've allowed space for you to add your own notes to the checklists. Prompt Attention

In addition to routine care, many times minor maintenance provided immediately prevents more serious, time-consuming, and sometimes costly repairs later. Note also that neglecting routine maintenance can void applicable limited warranty coverage on all or part of your home. By caring for your new home attentively, you ensure uninterrupted warranty coverage as well as enjoyment of it for years. The attention provided by each homeowner contributes significantly to the overall desirability of the community. Manufacturer Literature

Please take time to read the literature (warranties and use and care guides) provided by the manufacturers of consumer products and other items in your home. The information contained in that material is not repeated here. Although much of the information may be familiar to you, some points may differ significantly from homes you have had in the past. We make every effort to keep the information in this manual current. However, if any detail in our discussion conflicts with the manufacturer's guidelines, you should follow manufacturer's guidelines. Activate specific manufacturer's warranties by completing and mailing any registration cards included with their materials. In some cases, manufacturer's warranties may extend beyond the first year, and it is in your best interests to know about such coverage.

Landed Gentry Limited Warranty Guidelines

While we strive to create a well-built home, we are realistic enough to know that, with repeated use, an item in the home may fail to perform as it should. When this occurs, we will make necessary corrections so the item meets our warranty guidelines. In support of this commitment, Landed Gentry provides you with a limited warranty.

Corrective Actions In addition to information regarding the limited warranty itself, this manual includes details about the criteria we will use to evaluate concerns your warranty requests. The purpose is to let you know what our warranty commitment is for the


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typical concerns that can come up in a new home. This manual describes the corrective action we will take in many common situations. We Sometimes Break Our Own Rules – In Your Favor Our criteria for qualifying warranty repairs are based on typical industry practices in our region and meet or exceed those practices. We reserve the right, at our discretion, to exceed these guidelines if common sense or individual circumstances make that appropriate, without being obligated to exceed all guidelines to a similar degree or for other homeowners whose circumstances are the same or different. We Sometimes Say No With a product as complex as a home, different viewpoints regarding which tasks are homeowner maintenance responsibilities and which are builder warranty responsibilities are possible. If you request warranty service on a maintenance item, we will explain to you the steps you should take to care for the item. We are available to answer your home-care questions during and after your warranty period. Providing normal maintenance for your home is your job. Review your Purchase & Sale Documents Details of the limited warranty are also outlined in your “Seller’s Addendum #1,” which you signed as part of your Purchase & Sale Agreement. Please read through the information, as well as the service procedures and guidelines discussed under section 3 of this manual, “Maintenance of Interior and Exterior Materials and Systems.” If you have questions, please contact our Customer Service Representative.

Limited Warranty A. The Warranty. Seller warrants that it will repair or replace at Seller’s expense any of its work that becomes non-operational or non-functional after closing. This warranty does not apply to issues of workmanship, aesthetics, conformity of work to the specifications, or to Buyer’s claims of any defective or incomplete work. Those items must be addressed by Buyer at the time of the walk through and identified on the Punch List. Seller may hire another person or company to perform Seller’s warranty work. The decision of whether Seller or another company performs Seller’s warranty work shall be made exclusively by Seller. If Buyer contracts with another person or company repair or replace Seller’s work without Seller’s written consent, Buyer shall not be entitled to any credit from Seller and shall remain obligated to the Seller for the full price of the home. B. Twelve Month Period. Seller’s warranty shall expire twelve (12) months from closing. Warranty work shall not extend the period for Buyer to file a claim. C. Notice Procedure. Seller must be given written notice of a warranty claim before the twelve (12) month warranty period expires. No claim or action may be made for any warranty claim that is not delivered in writing to Seller before the twelve (12) month warranty period expires. D. Additional Four Months for Lawsuit Filing. Any claim or lawsuit that is filed against Seller alleging a breach of warranty must be filed in a court of competent jurisdiction no later than four (4) months after expiration of the twelve (12) month warranty; otherwise, any such claims or lawsuit shall be time-barred. E. Manufacturer’s Warranty. Seller’s warranty applies only to Seller’s work. Seller’s warranty does not apply to manufactured or consumer items such as roofing materials, appliances, heating and mechanical systems, fixtures or equipment. In the event that Buyer encounters a defect in a manufactured or consumer product, Seller shall assist Buyer in securing repair or replacement of such product pursuant to the relevant manufacturer’s or distributer’s warranty. F. Non-transferability. This warranty is neither transferable nor assignable by either party. This prohibition against transfer or assignment applies not only to the transfer of rights to compel performance but also to the transfer of any claim or cause of action, including but not limited to claims for breach of contract, breach of warranty, tort and indemnification. G. Warranty is Exclusive. This warranty is given to Buyer as Seller’s sole and exclusive warranty and in lieu of any and all other warranties that may arise by operation of law, including the warranty of habitability. H. Exclusions from Warranty.

1) Manufactured or consumer products such as roofing materials, appliances, hardware, windows, heating and mechanical systems, fixtures, etc. are not separately warranted by Seller. In the event that Buyer encounters a defect in a manufactured or supplied product, Seller shall assist Buyer in securing the repair or replacement of such product pursuant to the particular manufacturer’s or distributor’s warranty. 2) Concrete or mortar cracks caused by normal expansion and contraction that do not substantially impair structural elements. 3) Cracking in sheetrock and/or drywall 1/16th inch in width or less. 4) Nail pops and blushers not readily visible at a distance of six (6) feet or more under normal lighting conditions. 5) Open joints or separations between floorboards on finished wood 1/8th Inch in width or less.


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6) Cracking in paint due to expansion/contraction of materials. 7) Warpage, cupping or shrinking of hardwood floors. Hardwood floors are beautiful but have drawbacks, including warpage, cupping or shrinkage. A moisture variation of as little as 2% may warp or cup hardwood flooring. Seller will be responsible for hardwood floors until occupancy. Buyer will assume responsibility for any warping or cupping not stated on the Punch List. Specifically excluded from any warranty coverage is any hardwood flooring in the kitchen or bathroom(s). In using real wood, there will be variations in color, grain and texture. 8) Mold, mildew, moss and fungi are inevitable in the Pacific Northwest. Seller does not warrant against mold, mildew, moss, fungi, or insects. 9) Warpage of doors due to temperature differential or temperature changes unless the doors become inoperable or cease to be weather resistant. 10) Discoloration and erosion of tile grout. 11) Expansion and contraction of the siding. Buyer should be aware that siding does change dimension with changing weather conditions, swelling in wet weather and shrinking in dry. Furthermore, the siding may shrink vertically to expose thin, unpainted siding below the butt of the beveled siding, a condition for which Seller offers no warranty. 12) Cracking of wood. Wood will sometimes crack, check, or “spread apart” because of the drying out process. This condition is most often caused by the heat inside of the structure or exposure to the sun on the outside of the structure. Buyer is responsible for any resulting maintenance or repairs. 13) Cracking or bleeding of caulking. Exterior caulking and interior caulking in bath tubs, shower stalls, ceramic tile surfaces, and countertops will crack or bleed somewhat in the months following installation. These conditions are normal and should not be considered a problem, and maintenance or repairs are Buyer’s responsibility. 14) Variation in stain. All items that are stained will normally have variation of colors due to the different textures and species of wood. Because of weather changes, doors that have panels will sometimes dry out and leave a small space of bare wood. These normal conditions are not considered defects. 15) Exterior. This warranty does not cover landscaping, grading, bulkheads, earth movement or instability of soil or earth, or freezing of hose bib outlets, warpage of exterior French doors or store doors. 16) Interior. This warranty does not cover adjustments to pocket doors or shower doors.

Warranty Reporting Procedures

Providing warranty service for a new home is more complicated than for other products. When you purchased your home, you actually purchased hundreds of items and the work of 35 to 50 independent trade contractors. With so many details and people involved, a planned system is essential. Our warranty service system is designed and based on your written report of non-emergency items. This provides you with protection and allows us to operate efficiently, thereby providing faster service to all homeowners. Emergency reports are the only service requests we accept by phone. Please put all non-emergency service requests in writing, using the forms indicated. For all reporting, use the “30-Day Repair Service Request,” and “Year-End Warranty Service Request” forms in the Forms Appendix. You are welcome to mail, fax, e-mail ([email protected]), or drop off your list in person at our main office. Keep a copy for your records. This written system permits Landed Gentry personnel to focus their time on producing results for you and following up. Experience has taught us that accuracy and efficiency suffer when we work outside this system and sacrifice careful documentation. We plan three (2) standard warranty contacts with you. The first is 30 days after your closing, and the second is at eleven months. We also have emergency response procedures as well. Service for your appliances is handled differently and is described in detail later in this section.

30-Day Report For your convenience and in order for our service program to operate at maximum efficiency, we suggest that you wait 30 days before submitting a repair list. This allows you sufficient time to become settled in your new home and to use most components repeatedly. As you notice items, jot them down on a “30-Day Repair Service Request”, found in the Forms Appendix or use the one that is given to you at Acceptance walk through. Year-End Report Near the end of the eleventh month of your warranty, you should submit a “Year-End Warranty Service Request” if you have any items to report. We will also be happy to discuss any maintenance questions you may have at that time. Again, keep notations of items on the request form.


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Emergency Service While emergency warranty situations are rare, when they occur, prompt response is essential. Begin by checking items you can check. Troubleshooting tips appear in this manual for several of your home's components: Air conditioning, Electrical, Heat system, Plumbing, Roof (leak), Water heater, etc. Please refer to the individual categories to review these hints; you will find them at the end of the corresponding sections. Often the appropriate action by you can solve a problem immediately or mitigate the situation until a technician arrives. If your review of the troubleshooting tips fails to solve the problem, during business hours, call Landed Gentry’s Customer Service Representative: (360) 755-9021. After hours, or on weekends or holidays, call the necessary trade contractor or utility company directly. Their phone numbers are listed on the “Utility and Community Services” list in the Forms Appendix of this manual. We also suggest that you place a copy of the “Utility and Community Services” list inside a kitchen cabinet, near your phone. Trade contractors or local utility companies provide emergency responses to the following conditions:

• Total loss of heat when the outside temperature is below 50 degrees F • Total loss of electricity • Total loss of water • Plumbing leak that requires the entire water supply to be shut off • Gas leak – contact the Gas Company (see “Utility & Community Services” in the Forms Appendix). Note that if a service

(gas, electricity, water) is out in an entire area, attention from the local utility company is needed. Trade contractors are unable to help with such outages.

Air Conditioning Understandably, if your air conditioner is not working, you want it fixed quickly. In a typical scenario, many other homeowners across our region will discover they too need service on their air conditioners on the same hot day that you do. The trades who address these needs generally respond to calls on a first come, first served basis. If your call for service comes during this time period, you may wait several days for a technician to arrive. For this reason, we recommend that you operate your air conditioner as soon as warm temperatures begin. In this way, if service is needed, you can avoid the rush and get a more satisfactory response. Roof Leak While we agree with homeowners that a roof leak is indeed an emergency, the reality is that repairs cannot safely or effectively be performed while the roof is wet. During business hours, contact our office with the information, take appropriate steps to mitigate damage, and we will follow up when conditions make repairs possible. Other Emergencies In addition to emergency situations covered by our limited warranty, be prepared for other kinds of emergencies. Post phone numbers for the fire department, police, paramedics, and poison control near phones in your home. Have companies in mind in the event you need a locksmith, water extraction, glass breakage repair, or sewer router service. If you are new to the area, neighbors may be able to recommend good service providers. Introduce your family to neighbors who might be available to help in an emergency if you are not home. Appliance Warranties The manufacturers of kitchen appliances have asked to work directly with homeowners if any repairs are needed for their products. Customer service phone numbers are listed in the use and care materials for each appliance. Be prepared to provide the model and serial number of the item and the closing date on your home. For your convenience, we have included an Appliance Service information sheet among the other checklists in this manual. Appliance warranties are generally for one year; refer to the literature provided by the manufacturer for complete information. Remember to mail in any registration cards you receive with manufacturer materials. Being in the manufacturer's system assures that in the event of a recall the company can contact you and arrange to provide the needed correction.

Warranty Item Processing Procedures

When we receive a warranty service request, our Customer Service Representative will contact you to set an appointment. This initial appointment will take approximately 45 min. It is intended to evaluate the claim and to decide what resources are needed to execute the repairs. This will allow our Service people to expedite repairs rapidly and efficiently. Note: Please do not expect any repairs to be done at this appointment. Warranty appointments are available Monday through Friday, 8:00 AM to 4:00 PM. During the first meeting we will inspect the items listed in your written request form to confirm warranty coverage and determine appropriate action. Generally, reported items fall into one of three categories: trade contractor item, in-house item, or home maintenance item If a trade contractor or an in-house employee is required to perform repairs, we issue a warranty Service Request or work order describing the situation to be addressed, and then our Customer Service Rep or the Service Rep will notify you to schedule an appointment. If the item is home maintenance, we will review the maintenance steps with you and offer whatever informational assistance we can. Use the appropriate “Warranty Service Request” form in the Forms Appendix.

See also “Roof” under

section 3


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Help Us to Serve You

We can provide service more quickly and accurately if we have all of the necessary information. With your warranty request, please include:

• Your name, address, and the phone numbers where you can be reached during business hours. • A complete description of the problem (for example, "guest bath – cold water line leaks under sink," rather than "plumbing

problem.") • Information about your availability or the best days or times to reach you. For instance, if calling you at work is acceptable, let

us know. Otherwise, we will use your home phone number. • If you have any questions call our Customer Service Representative for assistance.

Access to Your Home Landed Gentry conducts inspections of interior warranty items only when an adult is available to accompany our representative and point out the items you have listed. Both our in-house service technicians and those of our trade contractors will likewise perform repairs only when an adult is available to admit them to your home. An adult is a person 18 or older who has your authorization to admit service personnel and sign completed work orders. We do not accept keys, nor will we permit our trade contractors to accept your key and work in your home without an adult present. While we recognize that this means processing warranty service items may take longer, we believe your peace of mind and security should be our first concern.

Exterior Items Exterior items can usually be inspected and repaired without an adult present, provided access is available (for instance, no locked gate). However, we will contact you the day prior to any visit and let you know we will have someone on your property. If you prefer to meet with us and discuss the item(s) in question, we are happy to arrange an appointment to do that.

Repair Appointments Depending on the work needed, at the conclusion of the inspection and evaluation appointment, the warranty manager will most likely ask you to designate a work date, a minimum of 10 days from inspection, for approved repairs to be made. This 10-day time frame allows us to notify appropriate trades people and arrange for most repairs to occur on the same day. Although on occasion work must occur in sequence and more than one work date might be needed, this system works well in the majority of situations. Once work date appointments are set, if there are any changes please contact our Customer Service Rep.

Inspection and Work Hours Many homeowners ask whether evening and weekend appointments are available. Landed Gentry understands the desire for appointments outside normal business hours. We recognize the trend to "24-7" service availability in many businesses. However, in investigating how such appointments could be arranged, we discovered many factors that make extended service hours impractical. • A significant portion of repairs require daylight for proper execution. This applies to drywall, paint, and exterior work of almost

any type. • We also found that most of the independent trade contractors who helped us build your home – many of whom operate as

small companies – were unable to work all week and also be available for extended hours. The few repairs that could be performed off-hours failed to eliminate the need for repair appointments during normal hours.

• Administrative staff and supervisors would need to be available to answer questions. Having some personnel work extended hours meant being short staffed during normal business hours.

• When we calculated the impact on wages for adding more personnel or compensating existing personnel for working non-traditional hours, we found that this affected overhead, and consequently our home prices.

Our warranty hours are as follows: • Customer Service Rep ...................................... Monday through Friday, 9:00 AM until 4:00 PM • Inspection and work appointments.................... Monday through Friday, 8:00 AM until 4:00 PM

Evening and weekend appointments are reserved for emergency situations. We appreciate your understanding and cooperation with these policies.

Pets Landed Gentry respects the pets that many homeowners count as members of their households. To prevent the possibility of an animal being injured, lost or giving in to its natural curiosity about tools and materials used for repairs, we ask that you restrict all animals to a comfortable location during any warranty appointment, whether for inspection or warranty work. This policy is also for the protection of our employees and trades personnel. We have instructed Landed Gentry and trades personnel to reschedule the appointment if pets have access to the work area.


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Your Belongings In all work we perform we are concerned that our homeowners’ personal belongings be protected. When warranty work is needed in your home, we ask that you remove vulnerable items or items that might make the repair work difficult. Landed Gentry and trade personnel will reschedule the repair appointment rather than risk damaging your belongings.

Surfaces We expect all personnel who work in your home to arrive with appropriate materials to cover the work area, protecting it from damage and catching dust or scraps from the work being performed. Similarly, all personnel should clean up the work area, removing any excess materials. Repair personnel will routinely check the work area for any existing damage to surfaces. They will document any scratches, chips, or other cosmetic damage prior to beginning repairs to avoid any later disagreement about how and when such damage occurred.

Signatures on Warranty Service Requests Signing a work order acknowledges that a technician worked in your home on the date shown with regard to the items listed. It does not negate your rights under the warranty nor does it release us from any confirmed warranty obligation. If you prefer not to sign the work order, the technician will note that and return the work order to us for our records. Our “Warranty Service Request” forms include space for homeowner comments. We appreciate your taking a moment to give us feedback about your warranty items. If you are dissatisfied with any service we provide, you can note that on the Warranty Service Request or call our Customer Service Representative with your feedback. We will review your concerns and determine whether our requirements have been met.

Completion Time Regular review of outstanding work orders is part of our office routine. Checking with trade partners and homeowners alike, we strive to identify the cause of any delays and get all warranty work completed within an appropriate and reasonable amount of time. We intend to complete warranty work orders within 21 work days of the inspection unless you are unavailable for access. If a back-ordered part or similar circumstance causes a delay, we will let you know. Likewise, when weather conditions prevent the timely completion of exterior items, we track those items and follow up to ensure that they are addressed when conditions are right. This can mean a wait of several months.

Missed Appointments Good communication is one key to successful completion of warranty items. We strive to keep homeowners informed and to protect them from inconvenience. One of our challenges in this regard is when unexpected events sometimes result in missed appointments. If a Landed Gentry employee or a trade person will be late, we will contact you as soon as the delay is recognized, offering the choice of a later time that day or a new appointment. If you must miss an appointment, we appreciate being alerted as soon as you realize your schedule has changed. Our Customer Service Representative can put work orders on hold for 10 to 30 days and re-activate them when your schedule offers an opportunity to arrange access to the home.

Warranty Service Summary

The many details of warranty coverage can be confusing. We hope this summary of key points will help. If you do not know whom to contact, call our Customer Service Representative and they will be happy to guide you.

Warranty Hours • Customer Service Rep ............ Monday through Friday, 9:00 AM until 4:00 PM • Inspection appointments ......... Monday through Friday, 8:00 AM until 4:00 PM • Work appointments ................. Monday through Friday, 8:00 AM until 4:00 PM

Appliances Contact the manufacturer or retailer directly with model and serial number, closing date, and description of the problem. We suggest you keep this information on your “Appliance Service” information sheet included in the Forms Appendix.

Emergency First, check the troubleshooting tips under several individual headings in this manual. If those tips do not solve the problem, during our business hours (Monday through Friday, 9:00 AM until 4:00 PM), call our Customer Service Representative at (360) 755-9021. After business hours or on weekends or holidays, contact the trade or appropriate utility company directly using the emergency numbers included on the “Utility and Community Services” list in the Forms Appendix.


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Non-emergency Mail, fax, e-mail, or drop off your list of items at our main office. You will find the “30-Day, and Year-End Warranty Service Request” forms

in the Forms Appendix, or you can request copies from our office. • Phone (360) 755-9021 ext.#19 ......................... Landed Gentry Homes & Communities • Fax (360) 755-9029........................................... 504 E. Fairhaven Avenue • [email protected] ................... Burlington, WA 98233

Storm Damage or Other Natural Disaster Contact your homeowner's insurance agent immediately. Contain damage as much as possible without endangering yourself. In extreme situations, photograph the damage.

Fire Prevention

Fire safety should be practiced by all family members. Awareness of potential dangers and preventive actions are preferable to even the fastest response. Keep these hints in mind and add your own reminders in the space provided.

Train Family Members Ensure that all family members know what escape routes exist in your home. Conduct a fire drill with family members. Test the smoke detectors to assure they function and so that everyone recognizes the sound. Follow the manufacturer's

directions for cleaning and servicing all of your smoke detectors. As soon as possible, teach young children how and why to dial 911. Have a general use fire extinguisher and instruct all family members in its location and use. Teach children the safe use of appliances such as irons and toasters.

Practice Prevention Store matches away from children and heat sources. Avoid smoking in bed. Avoid leaving small children home alone, even for a short time. Maintain appliances in clean and safe working condition. Avoid overloading electrical outlets. Ensure that all electrical cords are in good repair. Avoid having any flammable objects or materials near the stove. Keep the range hood filter clean to prevent a build up of grease. Allow space for cooling around electrical equipment. Unplug the iron when it is not in use. Do not leave an iron that is on unattended. Use electric blankets with care, following manufacturer directions. Store volatile materials (paint, gasoline for the lawn mower, and so on) in appropriate containers, away from flames (such

as pilot lights) or heat sources. Many trash collection services offer a means for you to dispose of hazardous items. Check with your service provider for details.

Keep the barbeque clear of flammable objects and materials. If your home includes a gas fireplace follow all directions and do not leave the fireplace unattended when it is on. If you have a wood burning fireplace:

Arrange for professional cleaning of the chimney at appropriate intervals. Maintain the spark arrester on the chimney. Never use liquid fire starters (such as for a charcoal barbeque) in an indoor fireplace. Use a screen or glass doors when a fire is burning. Confirm the fire is out before closing the flue. Do not leave the fireplace unattended while a fire is burning.

During holidays, ensure that all cords and connections are in good condition and of appropriate capacity for electrical decorations.

If you decide to remodel or add onto your home, obtain permission from the homeowners association / architectural control committee, obtain a building permit, and work with trained professionals. Ensure that all building department inspections occur and that the work complies with all applicable codes. This also applies to installing a gas line for an outdoor barbeque, a gas fireplace, clothes dryer, and so on.


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Your Additional Reminders and Notes: __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________

Extended Absences

Whether for a vacation, business travel, or other reasons, nearly all of us occasionally leave our homes for days or weeks at a time. With some preparation, such absences can be managed uneventfully. Keep these guidelines in mind and add additional reminders that are appropriate to your situation.

Plan in Advance Ask a neighbor to keep an eye on the property. If possible, provide them with a way to reach you while you are away. If you will be gone an especially long time (over two weeks) consider arranging for a house sitter. Arrange for someone to mow the lawn or shovel snow. Notify local security personnel or police of the dates you will be away. Stop mail, newspapers, and other deliveries. Use lighting timers (available at hardware stores for $10 to $20). Confirm that all insurance policies that cover your property and belongings are current and provide sufficient coverage. Mark valuable items with identifying information. Consider whether you have irreplaceable items that should be stored in a

bank vault or security box. As You Leave Forward phone calls to a relative or close friend. Unplug computers and other electronic devices that might be harmed in an electric storm. Leave window coverings in their most typical positions. Confirm that all doors and windows are locked and the deadbolts are engaged. Shut off the main water supply. Set the thermostat on the water heater to "vacation" to save energy. Store items such as your lawn mower, bicycles, or ladders in the garage. Leave a second car in the drive. Summer: Turn your air conditioner fan to on. Set the thermostat to 78. Winter: Set the thermostat to a minimum of 55, 65 if you have wood floors. Leave doors on cabinets that contain plumbing

lines open. Leave room doors open as well. This allows heat to circulate. Arm your security system, if applicable.



Good planning and thoughtful everyday habits can save significant amounts of energy and water. In the process of conserving, you also save money. Keep these hints in mind as you select and use your home's features:

Heating and Cooling Maintain your home's systems in clean and good working order to prevent inconvenience and to maximize efficiency.

Arrange for a professional to service heat and air conditioning systems a minimum of once every two years. Keep filters clean or replace them regularly. Learn how to use your day/night thermostat for comfort and efficient energy use. If you have a zoned system (more than one furnace and separate controls) think through operating schedules and

temperature settings to maximize comfort and minimize energy consumption. During cold days, open window coverings to allow the sun to warm your home. Close them when the sun sets.


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Limit use of your wood-burning fireplace (if your home is so equipped) in extremely cold or windy weather when the chimney draft will draw room air out at an extreme rate.

Ceiling fans cost little to operate and the moving air allows you to feel comfortable at temperatures several degrees higher. On hot days, close all windows and the window coverings on windows facing the sun to minimize solar heating and reduce

demands on your air conditioner. Whole house fans draw cool outside air into the home through open windows, often effectively creating a comfortable

temperature. Avoid running a whole house fan at the same time as air conditioning. Plan landscaping elements that support efficient energy use:

Deciduous trees provide shade during the summer and permit solar warming in winter. Evergreen trees and shrubs can create a windbreak and reduce heating costs. Position trees to shade the roof and still allow good air flow around the home. Plant shrubs and trees to shade the air conditioner without obstructing air flow around the unit.

Keep the garage overhead doors closed. Water and Water Heater Set your water heater at 120 degrees. Follow the steps outlined in the manufacturer's directions for draining water from your water heater in order to remove

accumulated hard-water scale that builds up inside the tank. Timing will depend on the nature of your water supply. Correct plumbing leaks, running toilets, or dripping faucets ASAP. Keep aerators clean.

Appliances In selecting your home's appliances, compare the information on the (yellow and black) Energy Guide sticker. Sometimes

spending a bit more up front can reduce operating costs over the life of the appliance, conserving energy at the same time. Use cold water when operating your disposal. This not only saves hot water you pay to heat, it preserves the disposal

motor. When baking, preheat your oven just five minutes before you use it. When possible, bake several items at the same time or

at least consecutively. Turn the oven off a few minutes before baking time is done. Microwave rather than using the range when possible, especially during hot weather. Run the dishwasher with a full load and use the air-dry cycle. Avoid regular use of the rinse and hold cycle. Turn electric burners off a few minutes before cooking is complete. Refrigerators with the freezer on top generally use significantly less energy than side-by-side models. Select an appropriate

size for your needs; two small refrigerators use more energy than one large one. Use the “Appliance Service” checklist included in the Forms Appendix.

Electrical Use LED bulbs or tubes where possible. Incandescent bulbs are the least efficient source of light. Turn lights and other electric items off when you finish using them or leave the room.

Maintenance Caulk in dry weather when temperatures are moderate. Check all locations, such as: Foundation penetrations (electrical, phone, water, cable TV, and gas line entrances) Around fans and vents Joints between door or window frames and siding Check weather stripping on all exterior doors and adjust as needed. Ensure that door thresholds are a good fit — many are

adjustable. After any activity in the attic, check that the insulation is evenly distributed.


3

Maintenance of Interior & Exterior

Materials and Systems


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SECTION 3

Maintenance of Interior and Exterior Materials and Systems

An alphabetical list of the items in your home, from air conditioning through wood trim, including maintenance hints, warranty criteria, and troubleshooting tips


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See also Grading and

Drainage

Air Conditioning

Homeowner Use and Maintenance Guidelines Air conditioning can greatly enhance the comfort of your home, but if it is used improperly or inefficiently, wasted energy and frustration will result. These hints and suggestions are provided to help you maximize your air conditioning system. If your home includes an air conditioning system, it has been designed and installed as a whole-house system. The air conditioning unit is the mechanism that produces cooler air. The air conditioning system involves everything inside your home including, for example, drapes, blinds, and windows. Your home air conditioning is a closed system, which means that the interior air is continually recycled and cooled until the desired air temperature is reached. Warm outside air disrupts the system and makes cooling impossible. Therefore, you should keep all windows closed. The heat from the sun shining through windows with open drapes is intense enough to overcome the cooling effect of the air conditioning unit. For best results, close the drapes on these windows. Time is very important for air conditioning system response. Unlike a light bulb, which reacts instantly when you turn on a switch, the air conditioning unit only begins a process when you set the thermostat. For example, if you come home at 6:00 PM when the temperature has reached 90 degrees F and set your thermostat to 75 degrees, the air conditioning unit will begin cooling, but will take much longer to reach the desired temperature. During the whole day, the sun has been heating not only the air in the house, but the walls, the carpet, and the furniture. At 6:00 PM the air conditioning unit starts cooling the air, but the walls, carpet, and furniture release heat and nullify this cooling. By the time the air conditioning unit has cooled the walls, carpet, and furniture, you may well have lost patience. If evening cooling is your primary goal, set the thermostat at a moderate temperature in the morning while the house is cooler, allowing the system to maintain the cooler temperature. The temperature setting may then be lowered slightly when you arrive home, with better results. Once the system is operating, setting the thermostat at 60 degrees will not cool the home any faster and can result in the unit freezing up and not performing at all. Extended use under these conditions can damage the unit.

Adjust Vents Maximize air flow to occupied parts of your home by adjusting the vents. Likewise, when the seasons change, readjust them for comfortable heating.

Compressor Level Maintain the air conditioning compressor in a level position to prevent inefficient operation and damage to the equipment.

Humidifier If a humidifier is installed on the furnace system, turn it off when using the air conditioning; otherwise, the additional moisture can cause the cooling system to freeze.

Manufacturer's Instructions The manufacturer's manual specifies maintenance for the condenser. Review and follow these points carefully. Since the air conditioning system is combined with the heating system, follow the maintenance instructions for your furnace as part of maintaining your air conditioning system.

Temperature Variations Temperatures may vary from room to room by several degrees Fahrenheit. This is due to such variables as floor plan, orientation of the home on the lot, type and use of window coverings, and traffic through the home.


The air conditioning system should maintain a temperature of 78 degrees or a differential of 15 degrees from the outside temperature, measured in the center of each room at a height of 5 feet above the floor. Lower temperature settings are often possible, but neither the manufacturer nor Landed Gentry can guarantee this.

No Air Conditioning Before calling for service, check to confirm that the: Thermostat is set to "cool" and temperature is set below

the room temperature. Blower panel cover is installed correctly for furnace blower

(fan) to operate. Similar to the way clothes dryer door operates, this panel pushes in a button to let the fan motor know it is safe to come on. If that button is not pushed in, furnace will not operate.

Air conditioner and furnace breakers on the main electrical panel are on. (Remember if a breaker trips you must turn it from the tripped position to the off position before you can turn it back on.)

220 switch on the outside wall near air conditioner is on. Switch on the side of the furnace is on. Fuse in furnace is good. (See manufacturer literature for

size and location.) Filter is clean to allow air flow. Vents in individual rooms are open and air returns are

unobstructed. Air conditioner has not frozen from overuse.

Even if the troubleshooting tips do not identify a solution, information you gather will be useful to the service provider you call.

Troubleshooting Tips


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Compressor

The air conditioning compressor must be in a level position to operate correctly. If it settles during the warranty period, Landed Gentry will correct this.

Coolant The outside temperature must be 70 degrees F or higher for the contractor to add coolant to the system. If your home was completed during winter months, this charging of the system is unlikely to be complete and will need to be performed in the spring. Although we check and document this at orientation, your call to remind us is welcome.

Non-emergency Lack of air conditioning service is not an emergency. Air conditioning contractors in our region respond to air conditioning service requests during normal business hours and in the order received.

Alarm System

Homeowner Use and Maintenance Guidelines

If your home selections included pre-wiring for an alarm system, you will arrange for the final connection and activation after you move in. The alarm company will demonstrate the system, instruct you in its use, and provide identification codes for your family. We recommend that you test the system each month.


Landed Gentry will correct wiring that does not perform as intended for the alarm system, but we make no representation that an alarm system will provide the protection for which it is installed or intended.

Appliances


Please see your Appliance Service information sheet.


We confirm that all appliance surfaces are in acceptable condition during your orientation. We assign all appliance warranties to you, effective on the date of closing. The appliance manufacturers warrant their products directly to you according to the terms and conditions of these written warranties.

Asphalt


Asphalt is a flexible and specialized surface. Like any other surface in your home, it requires protection from things that can damage it. Over time, the effects of weather and earth movement will cause minor settling and cracking of asphalt. These are normal reactions to the elements and do not constitute improperly installed asphalt or defective material. If your driveway is asphalt, please avoid using your driveway for one week after it is installed. Keep people, bicycles, lawn mowers, and other traffic off of it.

Chemical Spills Asphalt is a petroleum product. Gasoline, oil, turpentine, and other solvents or petroleum products can dissolve or damage the surface. Wash such spills with soap and water immediately, and then rinse thoroughly with plain water.

Hot Weather Avoid concentrated or prolonged loads on asphalt, particularly in hot weather. High-heeled shoes, motorcycle or bicycle kickstands, trailers, even cars left in the same spot for long periods can create depressions or punctures in asphalt.

Nonresidential Traffic Prohibit commercial or other extremely heavy vehicles such as moving vans or large delivery trucks from pulling onto your driveway. We design and install asphalt drives for conventional residential vehicle use only: family cars, vans, light trucks, bicycles, and so on.

Sealcoating Exposure to sunlight and other weather conditions will fade your driveway, allowing the surface gravel material to be more visible. This is a normal condition and not a material or structural problem. You do not need to treat the surface of your asphalt driveway. However, if you choose to treat it, wait a minimum of 12 months and use a dilute asphalt emulsion, rather than the more common coal tar sealant. Hairline cracks will usually be filled by the sealing process. Larger cracks can be filled or patched with a sand and sealer mixture prior to resealing.


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Landed Gentry Limited Warranty

We perform any asphalt repairs by overlay patching. Landed Gentry is not responsible for the inevitable differences in color between the patch and original surface. Sealcoating can eliminate this cosmetic condition and is your responsibility.

Alligator Cracking If cracking that resembles the skin of an alligator develops under normal residential use, Landed Gentry will repair it. If improper use, such as heavy truck traffic, has caused the condition, repairs will be your responsibility.

Settling Settling next to your garage floor of up to 1.5 inches across the width of the driveway is normal. Settling or depressions elsewhere in the driveway of up to one inch in any 8-foot radius are considered normal. We will repair settling that exceeds these measurements.

Thermal Cracking Your driveway will exhibit thermal cracking, usually during the first 12 months. These cracks help your driveway adapt to heating and freezing cycles. Cracks should be evaluated in the hottest months – July or August. We will repair cracks that exceed ½ inch in width.

Attic Access

Homeowner Use and Maintenance Guidelines The attic space is neither designed nor intended for storage, except where a specialized attic truss was used in the home’s construction. We provide access to the attic for maintenance of mechanical equipment that may traverse the attic space. If a built-in pull down ladder has been installed for your access point, utilize the same caution you would with any ladder. When performing needed tasks in the attic, use caution and avoid stepping off wood members onto the drywall, which can result in personal injury and damage to the ceiling below. Your limited warranty does not cover such injury or damage. Attic Truss Provision

When attic trusses are used, only the areas that have preinstalled floor decking are to be used for storage, all others are not designed to carry a load. Please keep in mind that this area is not a heated or air-conditioned space. Extreme temperatures will be present and may affect your belongings stored in this area, please keep this in mind when decided what items to store in this area. Landed Gentry Limited Warranty Guidelines

Both Landed Gentry and the local building department inspect the attic before your closing to confirm insulation is correct.

Brick, Stone and Masonry Products

Homeowner Use and Maintenance Guidelines Brick is one of the most durable and lowest maintenance finishes for a home's exterior.

Efflorescence The white, powdery substance that sometimes accumulates on brick surfaces is called efflorescence. This is a natural phenomenon and cannot be prevented. In some cases, you can remove it by scrubbing with a stiff brush and vinegar. Consult your home center or hardware store for commercial products to remove efflorescence.

Tuck-Pointing After several years, face brick may require tuck-pointing (repairing the mortar between the bricks). Otherwise, no regular maintenance is required.

Weep Holes You may notice small holes in the mortar along the lower row of bricks. These holes allow moisture that has accumulated behind the brick to escape. Do not fill these weep holes or permit landscaping materials to cover them.


We check the brick work during the orientation to confirm correct installation of designated materials. Cracks

We repair masonry cracks that exceed 3/16 inch, one time at year end.


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Cabinets

Homeowner Use and Maintenance Guidelines Your Selections Sheets are your record of the brand, style, and color of cabinets in your home. If you selected wood or wood veneer cabinets, expect differences in grain and color between and within the cabinet components due to natural variations in wood and the way it takes stain.

Cleaning Products such as lemon oil or polishes that include scratch cover are suggested for wood cabinet care. Follow container directions. Use such products a maximum of once every 3 to 6 months to avoid excessive build-up. Avoid paraffin-based spray waxes and washing cabinets with water, as both will damage the luster of the finish.

Hinges If hinges catch or drawer glides become sluggish, a small amount of silicone lubricant will improve their performance.

Moisture Damage to cabinet surfaces and warping can result from operating appliances that generate large amounts of moisture (such as a crockpot) too near the cabinet. When operating such appliances, place them in a location that is not directly under a cabinet.


During the orientation, we will confirm that all cabinet parts are installed and that their surfaces are in acceptable condition. Alignment

Doors, drawer fronts, and handles should be level and even. Operation

Cabinets should operate properly under normal use. Separations

We will correct gaps between cabinets and the ceiling or cabinets and the walls by caulking or other means if the gap exceeds 1/8 inch (locations behind appliances are excepted from this repair).

Warping If doors or drawer fronts warp in excess of 1/4 inch within 24 inches, we will correct this by adjustment or replacement.

Wood Grain Readily noticeable variations in wood grain and color are normal in all wood or wood veneer selections. Replacements are not made due to such variations.

Carpet

Homeowner Use and Maintenance Guidelines Your selection workbook provides a record of the brand, style, and color of floor coverings in your home. Please retain this information for future reference. Refer to the various manufacturers’ recommendations for additional information on the care of your floor coverings.

Burns Take care of any kind of burn immediately. First, snip off the darkened fibers. Then use a soap-less cleaner and sponge with water. If the burn is extensive, talk with a professional about replacing the damaged area.

Cleaning You can add years to the life of your carpet with regular care. Carpet wears out because of foot traffic and dirt particles that get trampled deep into the pile beyond the suction of the vacuum. The dirt particles wear down the fibers like sandpaper and dull the carpet. The most important thing you can do to protect your carpet is to vacuum it frequently. Vacuum twice each week lightly and once a week thoroughly. Heavy traffic areas may require more frequent cleaning. A light vacuuming is three passes; a thorough job may need seven passes. A vacuum cleaner with a beater-bar agitates the pile and is more effective in bringing dirt to the surface for easy removal. Vacuuming high-traffic areas daily helps keep them clean and maintains the upright position of the nap. Wipe spills and clean stains immediately. For best results, blot or dab any spill or stain; avoid rubbing. Test stain removers on an out-of-the-way area of the carpet, such as in a closet, to check for any undesirable effects. Have your carpet professionally cleaned regularly, usually after 18 months in your home and then once a year after that.

Crushing Furniture and traffic may crush a carpet's pile fibers. Frequent vacuuming in high-traffic areas and glides or cups under heavy pieces of furniture can help prevent this. Rotating your furniture to change the traffic pattern in a room promotes more even wear. Some carpets resist matting and crushing because of their level of fiber, but this does not imply or guarantee that no matting or


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crushing will occur. Heavy traffic areas such as halls and stairways are more susceptible to wear and crushing. This is considered normal wear.

Fading Science has yet to develop a color that will not fade with time. All carpets will slowly lose some color due to natural and artificial forces in the environment. You can delay this process by frequently removing soil with vacuuming, regularly changing air filters in heating and air conditioning systems, keeping humidity and room temperature from getting too high, and reducing sunlight exposure with window coverings.

Filtration If interior doors are kept closed while the air conditioning is operating, air circulation from the closed room flows through the small space at the bottom of the door. This forces the air over the carpet fibers, which in turn act as a filter, catching particulate pollution. Over time, a noticeable stain develops at the threshold.

Fuzzing In loop carpets, fibers may break. Simply clip the excess fibers. If it continues, call a professional.

Pilling Pilling or small balls of fiber can appear on your carpet, depending on the type of carpet fiber and the type of traffic. If this occurs, clip off the pills. Some carpets will pill for several months after installation, this is a normal process. If you are concerned about this please ask at time of flooring selections.

Rippling High humidity may cause rippling in wall-to-wall carpeting. If the carpet remains rippled with lower humidity levels, have a professional re-stretch the carpet using a power stretcher, not a knee-kicker.

Seams Carpet usually comes in 12-foot widths, making seams necessary in most rooms. Visible seams are not a defect unless they have been improperly made or unless the material has a defect, making the seam appear more pronounced than normal. The more dense and uniform the carpet texture, the more visible the seams will be. Carpet styles with low, tight naps result in the most visible seams. Seams are never more visible than when the carpet is first installed. Usually with time, use, and vacuuming the seams become less visible. You can see examples in the model homes of how carpet seams diminish after they have been vacuumed repeatedly and have experienced traffic.

Shading Shading is an inherent quality of fine-cut pile carpets. Household traffic causes pile fibers to assume different angles; as a result, the carpet appears darker or lighter in these areas. A good vacuuming, which makes the pile all go in the same direction, provides a temporary remedy.

Shedding New carpeting, especially pile, sheds bits of fiber for a period of time. Eventually, loose fibers are removed by vacuuming. Note: Be sure to set your vacuum cleaner for your type of flooring. Setting the vacuum’s ‘beater bar’ too low can cause significant damage. Carpet experts generally suggest that the bar be set so that it just touches the tops of the carpet fibers.

Snags Sharp-edged objects can grab or snag the carpet fiber. When this occurs, cut off the snag. If the snag is especially large, call a professional.

Sprouting Occasionally you may find small tufts of fiber sprouting above carpet surface. Simply use scissors to cut off the sprout. Do not attempt to pull it, because other fibers will come out in the process.

Stains No carpet is stain-proof. Although the carpet manufacturer designates your carpet as stain-resistant, some substances may still cause permanent staining. These include hair dyes, shoe polish, paints, and India ink. Some substances destroy or change the color of carpets, including bleaches, acne medications, drain cleaners, plant food, insecticides, and food or beverages with strongly colored natural dyes as found in some brands of mustard and herbal tea. Refer to the care and maintenance brochures for recommended cleaning procedures for your particular fiber. Pretest any cleaning solution or spot remover in an inconspicuous area before using it in a large area. Apply several drops of the solution, hold a white tissue on the area, and count to ten. Examine both tissue and carpet for dye transfer and check for carpet damage.

Static Cooler temperatures outside often contribute to static electricity inside. To avoid the problem, look for carpets made with anti-static. You can also install a humidifier to help control static build-up.


During your orientation, we will verify that your carpet is in acceptable condition. We will correct stains noted at the time by cleaning, patching or replacement. Landed Gentry is not responsible for dye lot variations if replacements are made.

See also Ghosting


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Edges

Edges of carpet along moldings and edges of stairs should be held firmly in place. In some areas, metal or other edging material may be used where carpet meets another floor covering.

Seams Carpet seams will be visible. Landed Gentry will repair any gaps or fraying.

Caulking

Homeowner Use and Maintenance Guidelines Caulked areas must be inspected and maintained on a regular basis. Time and weather will shrink and dry caulk so that it no longer provides a good seal. As routine maintenance, check caulking and make needed repairs. Important areas to examine are around windows, doors, and any other penetrations in your homes exterior. Caulking compounds and dispensers are available at hardware stores. Read the manufacturer's instructions carefully to be sure you select an appropriate caulk for the intended purpose.

Colored Caulk Colored caulking is available where larger selections are provided. As with any colored material, dye lots can vary.

Latex Caulk Latex caulking is appropriate for an area that requires painting, such as along the stair stringer or where wood trim meets the wall.

Silicone Caulk Caulking that contains silicone will not accept paint; it works best where water is present, for example, where tub meets tile or a sink meets a countertop.


During the orientation we confirm that all caulked areas are adequately sealed. One-Time Repair

We will touch up caulking one time during your materials and workmanship period. This be performed with your 1-year service.

Ceramic Tile


Your selection workbook includes the brand and color of your ceramic tile. Cleaning

Ceramic tile is one of the easiest floor coverings to maintain. Simply vacuum when needed. Occasionally, a wet mopping with warm water may be appropriate. Avoid adding detergent to the water. If you feel a cleaning agent is required, use a mild solution of warm water and dishwasher crystals (they will not result in a heavy, difficult-to-remove lather on the grout). Rinse thoroughly. The ceramic tile installed on walls or countertops in your home may be washed with any nonabrasive soap, detergent, or tile cleaner. Abrasive cleaners will dull the finish.

Grout Discoloration Clean grout that becomes yellowed or stained with a fiber brush, cleanser, and water. Grout cleansers and whiteners are available at most hardware stores.

Sealing Grout Sealing grout is your decision and responsibility. Tile installers do not seal grout. Once grout has been sealed, ongoing maintenance of that seal is necessary and limited warranty coverage on grout that has been sealed is void.

Separations Expect slight separations to occur in the grout between tiles. This grout is for decorative purposes only; it does not hold the tile in place. Cracks in the grout can be filled using premixed grout purchased from flooring or hardware stores. Follow package directions. Tile around bathtubs or countertops may appear to be pulling up after a time. This is caused by normal shrinkage of grout or caulk and shrinkage of wood members as they dry out. If this occurs, the best remedy is to purchase tub caulk or premixed grout from a hardware store. Follow directions on the container. This maintenance is important to protect the underlying surface from water damage.

See also Countertops, Expansion and Contraction, Stairs, and Wood Trim


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During the orientation we confirm that tile and grout areas are in acceptable condition. We will repair or replace cracked, badly chipped, or loose tiles noted at that time. Landed Gentry is not responsible for variations in color or discontinued patterns. New grout may vary in color from the original.

One-Time Repair Cracks appearing in the grout of ceramic tiles at joints or junctions with other materials are commonly due to shrinkage. Landed Gentry will repair grouting, if necessary, at year end. We are not responsible for color variations in grout, sealing, or discontinued colored grout. Any grouting or caulking needed after that time is your responsibility.

Concrete Flatwork


By maintaining good drainage, you protect your home's foundation and the concrete flatwork: the basement floor, porch, patio, driveway, garage floor, and sidewalks. Concrete slabs are floating – they are not attached to the foundation walls. These are not structural (load-bearing) element of the home and are covered by the one year material and workmanship warranty. We install a flexible collar around the top of the furnace plenum (plan specific). Gas and water lines include flexible connections, and drain lines have slip joints. Landed Gentry incorporates all of these details in the construction of the basement floor because we know the floor will move in response to the soils. Movement of the basement slab or any concrete slab results in cracking. Minimize this movement by following Landed Gentry’s landscaping recommendations, the objective of which is to prevent moisture from reaching soils around and under the home.

Cleaning Avoid washing exterior concrete slabs with cold water from an outside faucet when temperatures are high and the sun has been shining on the concrete. The abrupt change in temperature can damage the surface bond of the concrete. We recommend sweeping for keeping exterior concrete clean. If washing is necessary, do this when temperatures are moderate. Repeated cleaning of the garage floor by hosing can increase soil movement by allowing water to penetrate any existing cracks. We recommend sweeping to clean the garage floor. If your home has a “no step entry” please pay special attention to areas where the concrete flat work comes near the home. These areas are specially flashed to prevent and minimize rot, use of pressure washers in those areas not recommended as they may break or weaken a seal.

Cracks A concrete slab 10 feet across shrinks approximately 5/8 inch as it cures. Some of this shrinkage shows up as cracks. Cracking of concrete flatwork also results from temperature changes that cause expansion and contraction. During the summer, moisture finds its way under the concrete along the edges or through cracks in the surface. In winter, this moisture forms frost that can lift the concrete, increasing the cracking. Maintaining drainage away from all concrete slabs will minimize cracking from this cause. As cracks occur, seal them with a waterproof concrete caulk (available at hardware or home improvement stores) to prevent moisture from penetrating to the soil beneath.

Expansion Joints We install expansion joints to help control expansion. However, as the concrete shrinks during the curing process, moisture can penetrate under the concrete and lift the expansion joint. When this occurs, fill the resulting gap with a gray silicone sealant, available at most hardware stores.

Heavy Vehicles Prohibit commercial or other extremely heavy vehicles such as moving vans and other large delivery trucks from pulling onto your driveway. We design and install concrete drives for conventional residential vehicle use only: family cars, vans, light trucks, bicycles, and so on.

Ice, Snow, and Chemicals Driving or parking on snow creates ice on the drive, which magnifies the effects of snow on the concrete surface. Remove ice and snow from concrete slabs as promptly as possible after snow storms. Protect concrete from abuse by chemical agents such as pet urine, fertilizers, radiator overflow, repeated hosing, or de-icing agents, such as road salt that can drip from vehicles. Avoid using salts and chemical de-icing agents on your concrete. All of these materials can cause spalling (chipping of the surface) of concrete, and will negate your warranty.

Post-Tension Slabs If your home is built on a post-tension slab, avoid any action that penetrates the concrete. The risk of hitting a cable or tendon, which is under considerable tension, makes such actions dangerous.


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Sealer A concrete sealer, available at paint stores, will help you keep an unpainted concrete floor clean. Do not use soap on unpainted concrete. Instead, use plain water and washing soda or, if necessary, a scouring powder.


Because these slabs are not a structural (load-bearing) element of the home, they are excluded from coverage under the structural warranty. The limited warranty coverage is for one year.

Color Concrete slabs vary in color. Landed Gentry provides no correction for this condition.

Cracks If concrete cracks reach 3/16 of an inch in width or vertical displacement, Landed Gentry will patch or repair them at year end. Subsequently, concrete slab maintenance is your responsibility.

Finished Floors Landed Gentry will correct cracks, settling, or heaving that rupture finish floor materials that we installed as part of the home as you originally purchased it.

Level Floors Concrete floors in the habitable areas of the home will be level to within 1/4 inch within any 32-inch measurement with the exception of an area specifically designed to slope toward a floor drain.

Separation Landed Gentry will correct concrete slabs separation from the home if separation exceeds one inch.

Settling or Heaving Landed Gentry will repair slabs that settle or heave in excess of 2 inches or if such movement results in negative drainage (toward the house) or hazardous vertical displacement.

Spalling (Surface Chips) Causes of spalling include repeated hosing of concrete for cleaning, animal urine, radiator overflow, fertilizer, uncleared snow and ice, ice-melting agents, and road salts from vehicles. Repair of spalling is a home maintenance task.

Standing Water Water may stand on exterior concrete slabs for several hours after precipitation or from roof run-off. Landed Gentry will correct conditions that cause water to remain longer than 24 hours unless it is from roof run-off of melting snow or ice.

Condensation

Homeowner Use and Maintenance Guidelines When warm, moist air comes into contact with cooler surfaces, the moisture condenses. Outside we see this as dew; inside you may see it as a layer of moisture on glass windows and doors. This condensation comes from high humidity within the home combined with low outside temperatures and inadequate ventilation. Family lifestyle significantly influences two out of three of these conditions.

Humidifier Operation If your home includes a humidifier, closely observe manufacturer's directions for its use. Use moderate settings to maintain desired comfort levels without contributing too much moisture to your home. You may need to experiment to find the correct level for your family's lifestyle.

New Construction Some experts have estimated that a typical new home contains 50 gallons of water. Water is part of lumber, concrete, drywall texture, paint, caulk, and other materials used in building. Wet weather during construction adds more. This moisture evaporates into the air as you live in your home–adding to the moisture generated by normal living activities. Over time, this source of moisture will diminish.

Normal Activities As you live in your home, your daily lifestyle contributes to the moisture in the air also. Cooking, laundry, baths and showers, aquariums, plants, and so on, all add water to the air in your home. Likewise, your daily routine can mitigate the amount of moisture in your home and reduce condensation on interior surfaces.

Temperature Avoid setting your thermostat at extreme temperatures. Heating your home will cause materials to dry out faster, generating more moisture into the air; drying the materials too fast also increases shrinkage cracks and separations.

Ventilation Develop the habit of using exhaust fans in bathrooms and over the stove. When weather conditions permit, open windows so fresh air can circulate through your home. Keep the dryer exhaust hose clean and securely connected.


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See also Ceramic Tile

See also Ventilation


Condensation results from weather conditions and a family's lifestyle. Landed Gentry has no control over these factors. The limited warranty coverage excludes condensation.

Countertops

Homeowner Use and Maintenance Guidelines Use a cutting board to protect your counters when you cut or chop. Protect the counter from heat and from extremely hot pans. This includes solid surface countertops such as granite. If you cannot put your hand on it, do not put it on the counter. Do not use countertops as ironing boards and do not set lighted cigarettes on the edge of the counter.

Caulking The caulking between the countertop and the wall, along the joint at the backsplash (the section of counter that extends a few inches up the wall along the counter area), and around the sink may shrink, leaving a slight gap. Maintaining a good seal in these locations is important to keep moisture from reaching the wood underneath and to prevent warping.

Cleaning Avoid abrasive cleaners that will damage the luster of the surface.

Mats Rubber drain mats can trap moisture beneath them, causing certain materials to warp and blister. Dry the surface as needed.

Wax Wax is not necessary, but it can be used to make counters gleam.

Granite Granite countertops are not sealed at the time of installation. Keep in mind that granite is a natural material that may chip or stain. Clean granite regularly and apply sealer at least once per year. Cleaners and sealants are available from home improvement stores.


During your orientation we confirm that all countertops are in acceptable condition. We repair noticeable surface damage such as chips, cracks, and scratches noted on the orientation list. Repair of surface damage noted subsequent to this is one of your home maintenance responsibilities.

Solid surface, including granite Edges should be smooth and even. Where backsplash joints occur at corners, top edges should be even within 1/16 in.

Laminates Laminate countertops will have one or more discernible seams. Landed Gentry will repair gaps or differentials at seams that exceed 1/16 in.

Separation from wall Separation of countertops from walls, backsplash, and around sinks results from normal shrinkage of materials. Landed Gentry will re-caulk these areas at year end. Subsequent caulking will be your home maintenance responsibility.

Crawl Space

Homeowner Use and Maintenance Guidelines The crawl space is not intended as a storage area. Wood and other materials stored in a crawl space can attract termites. There is a plastic vapor barrier that has been installed under your home; there may be some dampness under this barrier. You may notice slight dampness in the crawl space, which is typical. It is important that the barrier remain evenly spread under your home. After work has been done under your home make sure that the vapor barrier is complete and there are no gaps or exposed earth. Landscaping that is correctly installed helps prevent excessive amounts of water from entering crawl spaces. Please make sure that sprinkler heads or other irrigation and drainage is not directed at crawl space vents. Report standing water to Landed Gentry for inspection. Landed Gentry Limited Warranty Guidelines

During the orientation we will check the condition of soils in the crawl space. Soils in the crawl space may be damp but should not have standing water. Provided that you have not altered the drainage nor caused excessive moisture to accumulate and remain in this area with incorrect landscaping, Landed Gentry will correct the conditions that result in persistent standing water.



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Damp-Proofing

Homeowner Use and Maintenance Guidelines If your home has a basement, we spray your foundation walls with a waterproofing material. Although we make every effort to assure a dry basement, during times of excessive moisture, you may notice some dampness. Over time, natural compaction of soils in the backfill areas will usually eliminate this condition. Careful maintenance of positive drainage will also protect your basement from this condition. Landed Gentry Limited Warranty Guidelines

Landed Gentry will correct conditions that allow actual water to enter the basement unless the cause is improper installation of owner-installed landscaping or failure to adequately maintain drainage.

Decks

Homeowner Use and Maintenance Guidelines Wood decks add to the style and function of your home and are a high maintenance part of your home's exterior. Many of the decks Landed Gentry installs utilize synthetic decking material, which diminishes some of the long-term maintenance requirements. If your deck is a synthetic material, please follow the manufactures recommended maintenance and care guidelines, which may be different from that of typical wood decking. If you are unsure of what type of decking material is on your home please ask your Selections Coordinator.

Effects of Exposure Wood decks are subject to shrinkage, cracking, splitting, cupping, and twisting. Nails or screws may work lose and will need routine maintenance. Plan to inspect your decks regularly, a minimum of once each year, and provide needed attention promptly to maintain an attractive appearance and forestall costly repairs. Landed Gentry recommends that you treat or re-stain your decks annually.

Foot Traffic As you use your decks, abrasives and grit on shoes can scratch or dent the wood surface. Regular sweeping and mats can mitigate this but will not completely prevent it.

Outdoor Furniture The surface of the decking can be damaged by moving grills, furniture, or other items. Use caution when moving such items to prevent scratches, gouges, and so on.

Sealing or Water Repellent To prolong the life and beauty of your deck, treat it periodically with a water repellent or wood preservative. Home centers and hardware stores offer several products to consider for this purpose. Always follow manufacturer directions carefully.

Snow and Ice Heavy snow or ice that remains on the deck over long periods increases wear and tear. Prompt removal can reduce adverse effects. Use caution in shoveling to avoid scratching of the deck boards.

Stain Exposed wood decks have been stained with a semi-transparent oil stain to protect and beautify the wood. Each board takes the same stain differently and variations in color will be readily noticeable. Over time, with exposure to weather and use, further variations in color will occur.


Exposed wood decks are constructed to meet structural and functional design. During the orientation, we will confirm that the wood decks are in satisfactory condition.

Color Variation Color variations are a natural result of the way wood accepts stain and are excluded from limited warranty coverage.

Replacement Boards or Rails Shrinkage, cracking, splitting, cupping, and twisting are natural occurrences in wood decks and are excluded from limited warranty coverage. In extreme situations where personal safety is involved, if Landed Gentry provides replacement of boards or rails, the new material will not match existing pieces that have been exposed to elements and use. Landed Gentry does not provide corrections when problems occur due to lack of normal maintenance.


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Doors and Locks Homeowner Use and Maintenance Guidelines The doors installed in your home are made of steel, fiberglass and/or wood products and are subject to the natural characteristics of each of those products, such as shrinkage and warpage. Due to natural fluctuations caused by humidity and the use of forced air furnaces, showers, and dishwashers, interior doors may occasionally require minor adjustments.

Bi-fold Doors Interior bi-folds sometimes stick or warp because of weather conditions. Apply a silicone lubricant to the tracks to minimize this inconvenience.

Exterior Finish Most exterior doors are either steel or fiberglass. These are relatively low maintenance products, although due to regular use and weather exposure, their useable lives can be extended by regular painting and general maintenance.

Failure to Latch If a door will not latch because of minor settling, you can correct this by making a new opening in the jamb for the latch plate (re-mortising) and raising or lowering the plate accordingly.

Hinges You can remedy a squeaky door hinge by removing the hinge pin and applying a silicone lubricant to it. Avoid using oil, as it can gum up or attract dirt. Graphite works well as a lubricant but can create a gray smudge on the door or floor covering beneath the hinge if too much is applied.

Keys Keep a duplicate privacy lock key where children cannot reach it in the event a youngster locks him- or herself in a room. The top edge of the door casing is often used as a place to keep the key. A small screwdriver or similarly shaped device can open some types of privacy locks.

Locks Lubricate door locks with graphite or other waterproof lubricant. Avoid oil, as it will gum up.

Shrinkage Use putty, filler, or latex caulk to fill any minor separations that develop at mitered joints in door trim. Follow with painting. Wood door panels shrink and expand in response to changes in temperature and humidity. Touching up the paint or stain on exposed areas is your maintenance responsibility.

Slamming Slamming doors can damage both doors and jambs and can even cause cracking in walls. Teach children not to hang on the doorknob and swing back and forth; this works loose the hardware and causes the door to sag.

Sticking The most common cause of sticking doors is the natural expansion of lumber due to changes in humidity. When sticking is caused by swelling during a damp season, do not plane the door unless it continues to stick after the weather changes. Before planing a door because of sticking, try two other steps: (1) apply either a paste wax, light coat of paraffin or candle wax to the sticking surface; (2), tighten the screws that hold the door jamb or door frame. If planing is necessary even after these measures, use sandpaper to smooth the door and paint the sanded area to seal against moisture.

Warping If a door warps slightly, keeping it closed as much as possible often returns it to normal.

Weather Stripping Weather stripping and exterior door thresholds occasionally require adjustment or replacement.


During the orientation we confirm that all doors are in acceptable condition and correctly adjusted. Landed Gentry will repair construction damage to doors noted on the orientation list.

Adjustments Due to normal settling of the home, doors may require adjustment for proper fit. Landed Gentry will make such adjustments.

Panel Shrinkage Panels of wood doors shrink and expand in response to changes in temperature and humidity. Although touching up the paint or stain on unfinished exposed areas is your home maintenance responsibility, Landed Gentry will repair split panels that allow light to be visible.

Warping Landed Gentry will repair doors that warp in excess of ¼ in.


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Drywall

Homeowner Use and Maintenance Guidelines Slight cracking, nail pops, or seams may become visible in walls and ceilings. These are caused by the shrinkage of the wood and normal deflection of trusses or rafters to which the drywall is attached.

Ceilings The ceilings in your home are easy to maintain: periodically remove dust or cobwebs as part of your normal cleaning and repaint as needed.

Repairs With the exception of the one-time, year-end repair service provided by Landed Gentry, care of drywall is your maintenance responsibility. Most drywall repairs can be easily made and are best done when you redecorate the room. Repair hairline cracks with a coat of paint. Repair slightly larger cracks with spackle or caulk. To correct a nail pop, reset the nail with a hammer and punch, and cover it with spackle, available at paint and hardware stores. Apply two or three thin coats. When dry, sand the surface with fine-grain sandpaper, then paint. Fill indentations caused by sharp objects in the same manner.


During the orientation, we confirm that drywall surfaces are in acceptable condition. Year End Repairs

During the warranty period, Landed Gentry will repair drywall shrinkage cracks and nail pops and will touch up the repaired area using the same paint color that was on the surface when the home was delivered. Touch-ups will be visible. Repainting the entire wall or the entire room to correct this is your choice and responsibility. You are also responsible for custom paint colors or wallpaper applied subsequent to closing. Due to the effects of time on paint and wallpaper, as well as possible dye lot variations, touch-ups are unlikely to match the surrounding area. Landed Gentry does not repair drywall flaws that are only visible under particular lighting conditions.

Related Warranty Repairs If a drywall repair is needed as a result of poor workmanship (such as blisters in tape) or other warranty-based repair (such as a plumbing leak), Landed Gentry completes the repair by touching up the repaired area with the same paint that was on the surface when the home was delivered. If more than one-third of the wall is involved, we will repaint the wall corner to corner. You are responsible for custom paint colors or wallpaper applied subsequent to closing. The effects of time on paint and wallpaper, as well as possible dye lot variations, mean touch-up may not match the surrounding area.

Easements

Homeowner Use and Maintenance Guidelines Easements are areas where such things as utility supply lines or access driveways pass through your property. They permit service to your lot (homesite) and adjacent lots, now and in the future. Your lot will also include drainage easements, meaning the runoff from adjacent lots passes across your property. Likewise, water from your property may run across a neighboring lot. Easements are recorded and are permanent. Trees, shrubs, gardens, play equipment, storage sheds, fences or other items which you install in or across these easements may be disturbed if service entities – such as the gas, electric, or phone companies – need access to lines for repairs or to connect service to nearby homesites. Utility companies, U.S. Postal Service, and others, have the right to install equipment in easements. This might include streetlights, mailboxes, or junction boxes. Neither Landed Gentry nor you as a homeowner has the authority to prevent, interfere with, or alter these installations. Plans for the location of such items are subject to change by the various entities involved. Because they have no obligation to keep Landed Gentry informed of such changes, we are unable to predict sites that will include such equipment.

Electrical System

Homeowner Use and Maintenance Guidelines Know the location of the breaker panel; it includes a main shut-off that controls all the electrical power to the home. Individual breakers control the separate circuits. Each breaker is marked to help you identify which breaker is connected to which major appliances, outlets, or other service. Should a failure occur in any part of your home, always check the breakers in the main panel box.

Breakers Circuit breakers have three positions: on, off, and tripped. When a breaker trips, it must first be turned off before it can be turned on. Switching the breaker directly from tripped to on will not restore service.

See also Property

Boundaries


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Breakers Tripping Breakers trip because of overloads caused by plugging too many appliances into the circuit, a worn cord or defective appliance, or operating an appliance with too high a voltage requirement for the circuit. Starting an electric motor can also trip a breaker. If any circuit trips repeatedly, unplug all items connected to it and reset. If it trips when nothing is connected to it, you need an electrician. If the circuit remains on, one of the items you unplugged is defective and will require repair or replacement.

Buzzing Fluorescent fixtures use transformer action to operate. This action sometimes causes a buzzing.

Fixture Location We install light fixtures in the locations indicated on the plans or based on your custom walkthroughs. Moving fixtures to accommodate specific furniture arrangements or room use is your responsibility.

GFCI (Ground-Fault Circuit-Interrupters) GFCI receptacles have a built-in element that senses fluctuations in power. Quite simply, the GFCI is a circuit breaker. Building codes require installation of these receptacles in bathrooms, kitchens, exterior and garages (areas where an individual can come into contact with water while holding an electric appliance or tool). Heavy appliances such as freezers or power tools will trip GFCI breakers. Each GFCI circuit has a test and reset button. Once a month, press the test button. This will trip the circuit. To return service, press the reset button. If a GFCI breaker trips during normal use, it may indicate a faulty appliance and you will need to investigate the problem. One GFCI breaker can control up to three or four outlets, so check adjacent GFCI plugs if the plug you are using doesn’t respond.

Grounded System Your electrical system is a three-wire grounded system. Never remove the bare wire that connects to the box or device.

Light Bulbs You are responsible for replacing burned-out bulbs other than those noted during your orientation.

Luminous Light Panels Translucent panels covering ceiling lights are made of polystyrene plastic. To clean, gently push up, tilting the panel slightly and remove it from the fixture frame. Wash with a diluted (1 to 2 percent) solution of mild detergent and warm water. Do not rinse; the soap film that remains reduces static electricity that attracts dust. Over time, the plastic panel may yellow and will become brittle and may need to be replaced if it cracks or breaks. Replacement material can be found at home center and hardware stores. Most suppliers will cut the panel to fit so if you need to purchase a replacement, be sure to note the size you need. Bulbs for these fixtures can be purchased at home centers or hardware stores. Avoid exceeding the wattage indicated inside the fixture.

Modifications If you wish to make any modifications, contact the electrician listed in the “Utility and Community Services” list in the Forms Appendix. Having another electrician modify your electrical system during the warranty period can void that portion of your limited warranty.

Outlets If an outlet is not working, check first to see if it is controlled by a wall switch or adjacent GFCI, then check the breaker. If there are small children in the home, install safety plugs to cover unused outlets. This also minimizes the air infiltration that sometimes occurs with these outlets. Teach children to never touch electrical outlets, sockets, or fixtures.

Underground Cables Before digging, check the location of buried service leads by calling the local utility locating service. In most cases, wires run in a straight line from the service panel to the nearest public utility pad. Maintain positive drainage around the foundation to protect electrical service connections.

Under- or Over-Cabinet Lights Optional under- or over-cabinet lighting provides task lighting or atmosphere to your kitchen. We suggest you note the size and type of bulbs in these fixtures and keep replacements on hand.

Caution: Never plug a refrigerator or food freezer into a GFCI-controlled outlet. The likelihood of the contents being ruined is high, and the limited warranty does not cover such damage.


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Homeowner Use and Maintenance Guidelines During the orientation, we confirm that light fixtures are in acceptable condition and that all bulbs are working. Landed Gentry’ limited warranty excludes any fixture you supplied.

Designed Load Landed Gentry will repair any electrical wiring that fails to carry its designed load to meet specifications. If electrical outlets, switches, or fixtures do not function as intended, Landed Gentry will repair or replace them.

GFCI (Ground-Fault Circuit-Interrupters) Landed Gentry is not responsible for food spoilage that results from your plugging refrigerators or freezers into a GFCI outlet.

Power Surge Power surges are the result of local conditions beyond the control of Landed Gentry and are excluded from limited warranty coverage. These can result in burned-out bulbs or damage to sensitive electronic equipment such as TVs, alarm systems, and computers. Damage resulting from lightning strikes is excluded from limited warranty coverage.

Expansion and Contraction

Homeowner Use and Maintenance Guidelines Changes in temperature and humidity cause all building materials to expand and contract. Dissimilar materials expand or contract at different rates. This movement results in separation between materials, particularly dissimilar ones. You will see the effects in small cracks in drywall and in paint, especially where moldings meet drywall, at mitered corners, and where tile grout meets tub or sink. While this can alarm an uninformed homeowner, it is normal. Shrinkage of the wood members of your home is inevitable and occurs in every new home. Although this is most noticeable during the first year, it may continue beyond that time. In most cases, caulk and paint are all that you need to conceal this minor evidence of a natural phenomenon. Even though properly installed, caulking shrinks and cracks. Maintenance of caulking is your responsibility.


Landed Gentry provides 2 service appointments; 30-Day & 1-Year (within the 1 year warranty period) to many of the effects of expansion and contraction. See individual categories such as drywall and caulk for details.

Fencing

Homeowner Use and Maintenance Guidelines Depending on the community in which your home is located, fencing may be included with your home, it may be an optional item, or it may be an item you consider adding after your move-in. When Landed Gentry installs fencing as part of your new home, we confirm its good condition during your orientation. All types of fencing require some routine attention.

Drainage In planning, installing, and maintaining fencing, allow existing drainage patterns to function unimpeded. Use caution in distributing soil removed to set posts to avoid blocking drainage swales. Plan enough space under the bottom of a wood fence for water to pass through.

Homeowner Association Design Review If you choose to add fencing after moving into your new home, keep in mind the need to obtain approval from the Design Review Committee of your homeowners association. Specific requirements about style, height, position on the lot are described in the current design review guidelines which you can obtain from a committee member. Special requirements apply to homes on corner lots where drivers must have adequate visibility. Additionally, in some communities, zoning laws may impact private fencing. Your responsibilities include checking on such details. Landed Gentry recommends that you engage the services of professionals to install your fence. Be certain to inform a fence installer of all design review requirements.

No Electrical Service Anywhere in the Home Before calling for service, check to confirm that the: Service is not out in the entire area. If so, contact the utility company. Main and individual breakers are all in the on position.

No Electrical to One or More Outlets Before calling for service, check to confirm that the: Main and individual breakers are all in the on position. Applicable wall switch is on GFCI is set (see details on GFCIs, earlier in this section) Item you want to use is plugged in Item you want to use works in other outlets Bulb in the lamp is good

Even if the troubleshooting tips do not identify a solution, the information you gather will be useful to the service provider you call.

Troubleshooting Tips – No Electrical Service

See also Property

Boundaries


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Variation Height and location of fences installed by Landed Gentry will vary with lot size, topography, and shape. Landed Gentry must meet the requirements of the Design Review process just as any homeowner would.

Wood Fences The lumber used to construct wood fences is rough cedar. Over time it will crack, warp, and split. Unless extreme, these conditions require no action on your part. As the wood ages and shrinks, nails may come loose and require attention. Also check the posts and any gates twice a year and tighten hardware or make needed adjustments.

Wrought Iron Fencing Wrought iron is subject to rusting, if it is not maintained. Use touch-up paint on any scratches or chips. Inspect the fence twice a year and touch-up as needed, then plan to repaint the entire fence every one to two years to keep it looking its best. As with wood fencing, prevent sprinklers from spraying your wrought iron fence or rails. Check monthly to confirm that water does not stand around the fence posts. Make corrections to drainage as needed to prevent this.


If fencing is part of your home purchase, we will confirm the acceptable condition of the fence during your orientation. Landed Gentry will correct fence posts that become loose during the warranty period. Be aware that damage to fencing caused by severe weather should be referred to your homeowner insurance company and is specifically excluded from warranty coverage.

Fireplace

Gas Fireplace

Landed Gentry offers direct-vent gas fireplaces that come site specific in many of our homes. If your home has this type of fireplace, it is demonstrated during the orientation. Read and follow all manufacturers’ directions. A slight delay between turning the switch on and flame ignition is normal. The flames should ignite gently and silently. If you notice any deviation from this and any gas smell, immediately shut off the switch and report it to the gas company. Excessive winds can cause a downdraft, which can blow out the pilot, requiring you to relight it before using the fireplace. Landed Gentry Limited Warranty Guidelines Fireplaces are not intended to be the sole heat source in the home. The fireplace should function properly when Landed Gentry’s and the manufacturer's directions are followed.

Cracks Normal shrinkage of mortar results in hairline cracks in masonry. Landed Gentry will repair cracks that exceed 1/8 inch in width. The repair consists of pointing or patching and the mortar color will be matched as closely as possible, but expect some variation. Exterior masonry may have chips, irregular surfaces, and color variations, which occur during manufacturing, shipping, or handling. Unless such conditions affect the structural integrity of the home, no repair is provided.

Glass Doors During the orientation we confirm that glass fireplace doors, when included with the home, are in acceptable condition. The build-up of smoke deposits on glass doors is common, and cleaning them is your homeowner responsibility. Cleaning agents specifically for glass fireplace doors are available from home supply stores or fireplace and barbeque specialty stores.

Water Infiltration In unusually heavy or prolonged precipitation, especially when accompanied by high winds, some water can enter the home through the chimney. The limited warranty excludes this occurrence.

Foundation

Homeowner Use and Maintenance Guidelines We install the foundation of your home according to the recommendations of our consultants and local building codes. The walls of the foundation are poured concrete with steel reinforcing rods. To protect your home's foundation, follow guidelines for installation and maintenance of landscaping and drainage in this manual. Basements are rare, unless your home is on a sloped lot or other unique circumstances. Most foundations make up unoccupied crawl spaces.

Cracks Even though an engineer designed the foundation and we constructed it according to engineering requirements, surface cracks can still develop in the wall. Surface cracks are not detrimental to the structural integrity of your home. If a crack develops in a foundation wall that allows water to come through, follow the procedures for submitting a warranty claim.

Dampness Due to the amount of water in concrete, basements may be damp. Condensation can also form on water lines.

Caution: The exterior vent cover for a direct-vent gas fireplace becomes extremely hot when the fireplace is operating.


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Future Construction in Basement If you decide to perform additional construction in the basement, obtain guidelines from a licensed engineer, obtain a building permit, and comply with all codes and safety requirements. Landed Gentry does not warrant your ability to obtain such a permit as building codes may change over time.


The foundation of your home has been designed and installed according to the recommendations of an engineer, architect or based on building codes. The walls of the foundation are poured concrete with steel reinforcing rods.

Cosmetic Imperfections Slight cosmetic imperfections in foundation walls, such as a seam where two pours meet or slight honeycombing (aggregate visible), are normal and require no repair unless they permit water to enter.

Cracks Shrinkage or backfill cracks are not unusual in foundation walls, especially at the corners of basement windows. Landed Gentry will seal cracks that exceed 1/8 inch in width.

Leaks Landed Gentry will correct conditions that permit water to enter a finished basement, provided you have complied with the drainage, landscaping, and maintenance guidelines.

Garage Overhead Door

Homeowner Use and Maintenance Guidelines Since the garage door is a large, moving object, periodic maintenance is necessary.

Light Visible Garage overhead doors cannot be airtight. Some light will be visible around the edges and across the top of the door. Weather conditions may result in some precipitation entering around the door as well as some dust especially until most homes in the community have landscaping installed.

Lock If the lock becomes stiff, apply a silicone or graphite lubricant. Do not use oil on a lock, as it will stiffen in winter and make the lock difficult to operate.

Lubrication Every 6 months, apply a lubricant such as silicone spray to all moving parts: track, rollers, hinges, pulleys, and springs. Avoid over-lubricating to prevent drips on vehicles or floor. At the same time, check to see that all hardware is tight and operating as intended without binding or scraping.

Opener To prevent damage to a garage door opener, be sure the door is completely unlocked and the rope-pull has been removed before using the operator. If you have an opener installed after closing on your home, we suggest that you order it from the company that provided and installed the garage door to assure uninterrupted warranty coverage. Be familiar with the steps for manual operation of the door in the event of a power failure. If Landed Gentry installed a door opener as one of your selections, during orientation we demonstrate the electric eye that provides a safety stop in the event someone crosses through the opening while the overhead door is in motion. Use care not to place tools or other stored items where they interfere with the function of the electric eye. Expect to replace the battery in the garage opener remote controls about once a year.

Painting Repaint the garage door when you repaint your home, or more often if needed to maintain a satisfactory appearance. We paint all garage doors.

Safety Follow the manufacturer's instructions for safe and reliable operation. Do not allow anyone except the operator near the door when it is in motion. Keep hands and fingers away from all parts of the door except the handle. Do not allow children to play with or near the door. After the expiration of the one-year warranty, have any needed adjustments made by a qualified specialist. Door springs are under a considerable amount of tension and require special tools and knowledge for accurate and safe servicing. Have the door inspected by a professional garage door technician after any significant impact to the door.

Sag Garage doors may sag slightly due to weight and span. This will stabilize after the panels have dried.


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The garage door should operate smoothly and with reasonable ease. The door can become misaligned and require adjustment, which Landed Gentry will provide unless the problem is caused by the installation of a garage door opener subsequent to closing on the home. Note that painted garage doors will still show the underlying color between doors sections when in operation.

Gas Shut-Offs

Homeowner Use and Maintenance Guidelines You will find shut-offs on gas lines near their connection to each item that operates on gas. In addition, there is a main shut-off at the meter. We point these out during the orientation. If you suspect a leak, leave the home immediately and call the gas company for emergency service. Landed Gentry Limited Warranty Guidelines

The gas company is responsible for leaks up to the meter. Landed Gentry will correct leaks from the meter into the home.

Ghosting

Homeowner Use and Maintenance Guidelines Recent feedback from homeowners (in both old and new homes) regarding black sooty stains which develop on surfaces in homes (on carpet, walls, ceilings, appliances, mirrors, and around area rugs – to list a few examples) have caused much investigation and research. The conclusion of research and laboratory tests has been that the majority of this staining or "ghosting" results from pollution of the air in the home caused by burning scented candles. Incomplete combustion of hydrocarbons as these candles burn contributes a considerable amount of soot to the air. This sooty substance then accumulates on surfaces of the home. The sooty deposits are extremely difficult to remove; on some surfaces (light-colored carpet, for instance), they are impossible to clean completely. The popularity of scented candles has increased many-fold in recent years. If this is an activity that is part of your lifestyle, we caution you about the potential damage to your home. When this condition results from homeowners burning candles or other lifestyle choices, the resulting damage is excluded from our limited warranty coverage.

Grading and Drainage

Homeowner Use and Maintenance Guidelines The final grades around your home have been inspected and approved for proper drainage of your lot. The local building authorities as well as Landed Gentry inspect the site. Yards drain from one to another. You and your neighbors share an overall drainage plan for the community. Use caution when installing landscaping, fencing, or additions to your home to prevent causing water problems on adjacent lots.

Drainage Typically, the grade around your home should slope away from the foundation 5 feet. Generally, drainage swales do not follow property boundaries. Maintain all slopes around your home to permit water to drain away from the home as rapidly as possible. This is essential to protect your foundation. Failure to do so can result in major structural damage and will void your warranty.

Exterior Finish Materials Maintain soil levels 6 inches below siding, stucco, brick, or other exterior finish materials. Contact with the soil can cause deterioration of the exterior finish material and encourages pest infestations.

Roof Water Do not remove the splash blocks or downspout extensions from under the downspouts. Keep these in place at all times, sloped so the water drains away from your home quickly.

Rototilling Rototilling can significantly change drainage swales. You can minimize this by rototilling parallel to the swales rather than across them.

Settling The area we excavated for your home's foundation was larger than the home to allow room to work. In addition, some trenching is necessary for installation of utility lines. Although we replaced and compacted the soil, it does not return to its original density. Some settling will occur, especially after prolonged or heavy rainfall or melting of large amounts of snow. Settling can continue for several years. Inspect the perimeter of your home regularly for signs of settling and fill settled areas as needed to maintain positive drainage.

See also Carpet / Filtration


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Subsurface Drains

Occasionally Landed Gentry installs a subsurface drain to ensure that surface water drains. Keep this area and especially the drain cover clear of debris so that the drain can function as intended.


We established the final grade to ensure adequate drainage away from the home. Maintaining this drainage is your responsibility. If you alter the drainage pattern after closing, or if changes in drainage occur due to lack of maintenance, the limited warranty is void.

Backfill Settlement Backfilled or excavated areas around the foundation and at utility trenches should not interfere with the drainage away from your home. If these areas settle during the first year, Landed Gentry will fill the areas during the warranty period.

Erosion Landed Gentry is not responsible for weather-caused damage to un-landscaped yards after the final grade has been established or the closing date, whichever occurs last.

New Sod New sod installation and the extra watering that accompanies it can cause temporary drainage problems, as can unusually severe weather conditions.

Swales Landed Gentry does not alter drainage patterns to suit individual landscape plans. Typically, a lot receives water from and passes water on to other lots, so changes in grade often affect adjacent or nearby lots. Landed Gentry advises against making such changes. After heavy rain or snow, water may stand in swales up to 48 hours.

Under Concrete Landed Gentry will fill visible sunken areas under concrete during the first year.

Gutters and Downspouts

Homeowner Use and Maintenance Guidelines Check gutters periodically and remove leaves or other debris. Materials that accumulate in gutters can slow water drainage from the roof, cause overflows, and clog the downspouts.

Extensions or Splash blocks Extensions should discharge outside of rock or bark beds so that water is not dammed behind edging materials.

Ladders Use caution when leaning ladders against gutters, as this may cause dents.

Leaks If a joint between sections of gutter drips, caulk the inside joint using a commercial gutter caulking compound available at hardware stores.

Paint Gutters and downspouts are installed with the color imbedded in them during manufacturing; however, they are sometimes painted to match your home. If painted, you should repaint them when you repaint your home.

Snow and Ice Clear excess snow from downspouts as soon as possible to allow the gutter to drain and to prevent damage. Severe ice or snow build-up can damage gutters, and such damage is not covered by the limited warranty.


Gutters over 3 feet long are installed with a slight slope so that roof water will flow to the downspouts. Leaks

We correct leaks that occur during the warranty period. Overflow

Gutters may overflow during periods of heavy rain. This is expected and requires no repair. Standing Water

Small amounts of water (up to one inch) will stand for short periods of time in gutters immediately after rain. No correction is required for these conditions.

See also Landscaping

See also Roof / Ice Dam


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Hardware Homeowner Use and Maintenance Guidelines Doorknobs and locks should operate correctly with little attention. Over time, they may need slight adjustments due to normal shrinkage of the framing. Occasionally, you may need to tighten screws or add lubrication. Landed Gentry Limited Warranty Guidelines

We confirm that all hardware is in acceptable condition during orientation. The limited warranty excludes repairs for cosmetic damage subsequent to the orientation. Landed Gentry will repair hardware items that do not function as intended.

Hardwood Floors

Homeowner Use and Maintenance Guidelines In daily care of hardwood floor, preventive maintenance is the primary goal.

Cleaning Sweep on a daily basis or as needed. Never wet-mop a hardwood floor, and use water for cleaning very sparingly. Excessive water causes wood to expand and can possibly damage the floor. When polyurethane finishes become soiled, damp-mop with a mixture of 1 cup vinegar to one gallon of warm water. To damp-mop, remove all excess water from the mop. Check with the hardwood company if your floor has a water-based finish.

Dimples Placing heavy furniture or dropping heavy or sharp objects on hardwood floors can result in dimples.

Filmy Appearance A white, filmy appearance can result from moisture, often from wet shoes or boots or a leaking refrigerator water or ice maker.

Furniture Legs Install proper floor protectors on furniture placed on hardwood floors to allow chairs to move easily over the floor without scuffing. Regularly clean the protectors to remove any grit that may accumulate.

Humidity Wood floors respond noticeably to changes in humidity in your home. Especially during winter months the individual planks or pieces expand and contract as water content changes. A humidifier helps but does not eliminate this reaction.

Mats and Area Rugs Use protective mats at exterior doors to help prevent sand and grit being tracked onto the floor. Gritty sand is wood flooring's worst enemy. However, be aware that rubber backing on area rugs or mats can cause yellowing and warping of the floor surface. Another point to keep in mind is that natural wood darkens as it ages due to exposure to sunlight. The spaces beneath rugs and mats are shielded from the light and will frequently appear lighter in color than the rest of the wood floor.

Recoat Most hardwood floors are pre-finished prior to installation. Refer to the manufacturer’s recommendations. If your floors have a polyurethane finish, you may want to have an extra coat of polyurethane applied by a qualified contractor within a few years. The timing will depend on your particular lifestyle. If another finish was used, refer to the manufacturer's recommendations.

Separation Expect some shrinkage around heat vents or heat-producing appliances, or during seasonal weather changes.

Shoes Keep high heels in good repair. Heels missing their protective cap (thus exposing the fastening nail) will exert over 8,000 pounds of pressure per square inch on the floor. That's enough to damage hardened concrete; it will mark your wood floor.

Spills Clean up food spills immediately with a dry cloth. Do not allow liquids to remain on wood floors.

Splinters When floors are new, small splinters of wood can appear.

Sun Exposure Exposure to direct sunlight can cause irreparable damage to hardwood floors. To preserve the beauty of your hardwood floors, install and use window coverings in these areas.

Traffic Paths A dulling of the finish in heavy traffic areas is likely.

Warping Warping will occur if the floor repeatedly becomes wet or is thoroughly soaked even once. Slight warping in the area of heat vents or heat-producing appliances is also typical.

See also Warping


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Wax

Wax and products like oil soap are neither necessary nor recommended. Once you wax a polyurethane finish floor, recoating is difficult because the new finish will not bond to wax. The preferred maintenance is preventive cleaning and recoating as needed to maintain the desired luster.


During the orientation we will confirm that hardwood floors are in acceptable condition. We will correct any readily noticeable cosmetic defects listed during the orientation. You are responsible for routine maintenance of hardwood floors.

Separations Shrinkage will result in separations between the members of hardwood floors. If these exceed 1/8 inch, Landed Gentry will fill them at year end. Landed Gentry is not responsible for removing excess filler that appears on the surface if the boards expand due to subsequent changes in humidity.

Heating System: Gas Forced Air

Homeowner Use and Maintenance Guidelines Good maintenance of your furnace can save energy dollars and prolong the life of the furnace. Read and follow the manufacturer's literature on use and maintenance. The guidelines here include general information only.

Adjust Vents Experiment with the adjustable registers in your home to establish the best heat flow for your lifestyle. Generally, you can reduce the heat in seldom-used or interior rooms. This is an individual matter and you will need to balance the system for your own family's needs.

Avoid Overheating Do not overheat your new home. This can cause excessive shrinkage of framing lumber and may materially damage the home. In the beginning, use as little heat as possible and increase gradually.

Blower Panel (Fan cover) You need to position the blower panel cover correctly for the furnace blower (fan) to operate. This panel compresses a button that tells the blower it is safe to operate. Similar to the way a clothes dryer door operates, this panel pushes in a button that lets the fan motor know it is safe to come on. If that button is not pushed in, the furnace will not operate.

Combustion Air Combustion air ducts are included with furnaces we install in garages or in utility closets. The outside end of the duct is covered with a screen to minimize insects or animals entering the duct. Cold air coming in though this duct means it is functioning as it should.

Duct Cleaning Consider carefully before spending money on professional ductwork cleaning services. A study by the EPA found no proof that ductwork cleaning improves indoor air quality, nor was it found to prevent health problems. For additional information contact the EPA and request document EPA-402-K-97-002. Or, view this information on their website: www.epa.gov/iaq/pubs/.

Ductwork Noise Some popping or pinging sounds are the natural result of ductwork heating and cooling in response to airflow as the system operates.

Filter A clean filter will help to keep your home clean and reduce dusting chores. Remember to change or clean the filter regularly, per the manufacturer’s instructions. A clogged filter can slow airflow and cause cold spots in your home. Although it takes less than one minute to change the filter, this is one of the most frequently overlooked details of furnace care. Buy filters in large quantity for the sake of convenience. You will find the size and type printed along the edge of the filter that is in your furnace. Alternatively, if you have a permanent, washable, removable filter, you should clean this monthly. Use water only to clean the filter, air dry, and leave the unit off for a brief period. Do not use soaps or detergents on the filter.

Furnished Home The heating system was designed with a furnished home in mind. If you move in during the cooler part of the year and have not yet acquired all of your draperies and furnishings, the home may seem cooler than you would expect.

Caution: Never cover or block the combustion air vent in any way. Outside air is needed to supply the furnace with oxygen. Blocking the combustion air vent will cause the furnace to draw air down the vent pipe and pull poisonous gases back into your home.


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Fuse

Some furnaces have a fuse directly above the on-off switch. This fuse is an S10, S12, or S15 fuse. It absorbs any spikes in the line such as electrical strikes or power surges. Unlike old fuses that burn out and clearly indicate that they are blown, these fuses, similar to automobile fuses, have a spring that depresses when tripped. Unless you have examined these before, it may be hard to determine if the fuse has blown. We suggest that you buy extra fuses of the same size to have on hand.

Gas Odor If you smell gas, call the gas company immediately.

Odor A new heating system may emit an odor for a few moments when you first turn it on. An established system may emit an odor after being unused for an extended time (such as after the summer months if you do not use air conditioning). This is caused by dust that has settled in the ducts and should pass quickly.

On-Off Switch The furnace has an on-off blower switch. This switch looks like a regular light switch and is located in a metal box outside the furnace. When turned off, this switch overrides all furnace commands and shuts down the blower. This is usually done only when maintenance service is being performed, although young children have been known to turn the furnace off using this switch. (If your furnace is a high-efficiency model, it does not have a pilot or an on-off switch.)

Pilot On models with manually lit pilots, lighting the furnace pilot involves several steps; follow manufacturers’ instructions. These instructions are also included on a sticker on the furnace and in the manufacturer's literature.

Registers Heat register covers are removable and adjustable. You are responsible for adjusting the dampers in these covers to regulate the heat flow within the home. Registers in the rooms farther away from the furnace will usually need to be opened wider.

Return Air Vents For maximum comfort and efficient energy use, arrange furniture and draperies to allow unobstructed airflow from registers and to cold air returns.

Temperature Depending on the style of home, temperatures can normally vary from floor to floor as much as 10 degrees or more on extremely cold days. The furnace blower will typically cycle on and off more frequently and for shorter periods during severe cold spells.

Thermostat The furnace will come on automatically when the temperature at the thermostat registers below the setting you have selected. Once the furnace is on, setting the thermostat to a higher temperature will not heat the home faster. Thermostats are calibrated to within plus or minus 5 degrees.

Trial Run Have a trial run early in the fall to test the furnace. (The same applies to air conditioning in the spring.) If service is needed, it is much better to discover that before the heating season.


We will install heating systems according to local building codes, as well as to engineering designs of the particular model home. Adequacy of the system is determined by its ability to establish a temperature of 70 degrees F, as measured in the center of the room, 5 feet above the floor. In extremely cold temperatures (10 degrees below or colder), the system should be able to maintain a temperature differential of 80 degrees from the outside temperature.

Duct Placement The exact placement of heat ducts may vary from those positions shown in similar floor plans.

Ductwork Although the heat system is not a sealed system, the ductwork should remain attached and securely fastened. If it becomes unattached, Landed Gentry will repair as needed.

Before calling for service, check to confirm that the: Thermostat is set to "heat" and the temperature is set

above the room temperature. Blower panel cover is installed correctly for the

furnace blower (fan) to operate. Similar to the way a clothes dryer door operates, this panel pushes in a button that allows fan motor to come on. If that button is not pushed in, the furnace will not operate.

Breaker on the main electrical panel is on. (Remember, if a breaker trips you must turn it from the tripped position to the off position before you can turn it back on.)

Switch on the side of the furnace is on. Fuse in furnace is good. (See manufacturer literature

for size and location.) Gas line is open at main meter and at the side of

furnace. Filter is clean to allow airflow. Vents in individual rooms are open. Air returns are unobstructed. Even if the troubleshooting tips do not identify a

solution, the information you gather will be useful to the service provider you call.

Troubleshooting Tips- No Heat


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Furnace Sounds

Expansion or contraction of metal ductwork results in ticking or popping sounds. While eliminating all these sounds is impossible, Landed Gentry will correct oil canning. (Oil canning occurs when a large area of sheet metal like those found in air ducts makes a loud noise as it moves up and down in response to temperature changes.)

Thermostat Thermostats are calibrated to plus or minus 5 degrees.

Heating System: Heat Pump

Homeowner Use and Maintenance Guidelines Heat pumps are offered on a limited basis. If your home contains a heat pump system, you should be aware of the performance characteristics unique to these systems. As with any system, read the manufacturer's literature and follow all instructions for efficient operation and maintenance of your system. Clean or replace filters once a month. Provide professional service for your system at least once every two years.

Air Circulation Across Coils Keep the outside unit clear of any materials that would interfere with air circulation. Snow, ice, landscaping materials, trash, leaves, and other accumulation can cause inefficiency or damage.

Air Conditioning and Heating A heat pump system operates differently than a gas forced-air furnace. The same system provides both heat and air conditioning. This is possible because a refrigerant flows back and forth in the coils of the heat pump, controlled by a reversing valve. In the heating mode, the heat pump removes heat from the outside air and transfers it to the inside air. In the cooling mode, it does the opposite, removing heat from the inside air and discharging it outside of the home. The thermostat inside your home controls this activity.

Air Temperature at Vents Do not expect dramatic temperature differences in the air coming from the vents as with other kinds of systems. The coils used in a heat pump system operate at lower temperatures than those in a gas forced-air system. As a result, in the heat mode, air from the supply vents will typically range from 85° to 90°F. The vents will not feel hot, though the air discharged is warmer than the air in the room by as much as 20°F.

Auxiliary Heat System At lower outside temperatures, less heat is available for the heat pump to draw from the exterior air. Therefore, from time to time the auxiliary heat system will come on to maintain the temperature you set at the thermostat. The auxiliary system will also come on whenever the temperature at the thermostat is moved 1.5 degrees or more at one time. If the light stays on when the outside temperature is more than 30°F, contact a service person.

Defrost Cycle When the heat pump is operating in the heat mode, the coils outside may reach below freezing temperatures. Moisture in the air will condense into frost and accumulate on the coils under these circumstances. From time to time, the system will go into defrost mode to clear accumulated frost from the coils. This is a normal part of the operation of the system and will occur automatically. During the defrost cycle, the outside fan will stop temporarily. The temperature of airflow into the home will be a bit lower during this cycle. The defrost cycle can only occur once every 90 minutes and lasts no longer than 10 minutes.

Night Setback Unless you have a night setback thermostat designed to work with a heat pump system, do not turn the thermostat down in the evenings. Adjust the temperature a fraction of a degree at a time until a comfortable, permanent setting is found.

Register Adjustment Registers will require adjustment from time to time to maximize your family's comfort. Do not completely close off more than one supply register at a time. This can restrict the airflow too much and reduce the efficiency of the system. A good technique is to completely open all the vents, then gradually move the temperature setting up until the coolest room is comfortable. Once the coolest room is comfortable, gradually close the vents in the warmer rooms until all rooms are comfortable as well. Reverse the process for air conditioning.

No Heat or Auxiliary Heat Stays on When Outside Temperature Is 30 Degrees or Above Before calling for service, check to confirm that the: Thermostat is set to "heat" and the temperature is

set above the room temperature. Breaker on the main electrical panel is on.

(Remember, if a breaker trips you must turn it from the tripped position to the off position before you can turn it back on.)

Filter is clean to allow airflow. Vents in individual rooms are open. Air returns are unobstructed. Outside unit is not blocked by snow or other

materials. Outside coil does not have an excessive ice build-up. Even if the troubleshooting tips do not identify a

solution, the information you gather will be useful to the service provider you call.

Troubleshooting Tips


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Return Air Vents

As with any heating system, return air vents must be clear so the air flows through the ducts unimpeded. Avoid placing furniture where it blocks the return air vents.

Landed Gentry Limited Warranty Guidelines Refer to the manufacturer's limited warranty for information regarding warranty coverage.

Humidifier

Homeowner Use and Maintenance Guidelines Operate a humidifier only with the furnace, not with the air conditioner. If you notice condensation on windows, the humidifier should be adjusted to a lower setting. Clean the moisture pad according to the manufacturer's instructions and suggested timetable. Landed Gentry Limited Warranty Guidelines Refer to the manufacturer's limited warranty for information regarding coverage of the humidifier.

Insulation

Homeowner Use and Maintenance Guidelines The effectiveness of blown insulation is diminished if it is uneven. As the last step in any work done in your attic (for example, the installation of speaker wire), confirm that the insulation is smooth and even. Do not step on drywall ceilings, because this can result in personal injury or damage to the drywall. Note: Electrical outlets normally emit noticeable amounts of cold air when outside temperatures are low. Landed Gentry Limited Warranty Guidelines Landed Gentry will install insulation to meet or exceed the building codes applicable at the time of construction and outlined as part of your Purchase & Sale Agreement.

Landscaping

Homeowner Use and Maintenance Guidelines The level of landscaping included with each home varies by neighborhood. Many of the homes Landed Gentry builds come with complete landscaping others do not. Providing complete details on landscape design is beyond the scope of this manual. Many excellent books, videos, and computer software programs are available that offer your this information. Local nurseries and landscape professionals can also assist you. In planning your landscaping, think of proportion, texture, color, mature size, maintenance needs, soft and hard surfaces, lighting, fencing, edging, and water requirements. A beautiful yard requires considerable planning and regular attention. Most homeowners take years to achieve the yard they want. Planning to install items in stages can spread the cost and work over several seasons. Whatever the source of your design, plan to install the basic components of your landscaping as soon after closing as weather permits. In addition to meeting your homeowner association requirements to landscape in a timely manner, well-designed landscaping prevents erosion and protects the foundation of your home.

Additions Before installing patio additions or other permanent improvements, consider soil conditions in the design and engineering of your addition. Also, check with the Architectural Control Committee of your Association (if applicable) for design guidelines.

Backfill We construct the foundation of your home beginning with an excavation into the earth. When the foundation walls are complete, the area surrounding them is backfilled. Soil in this area is not as compact as undisturbed ground. Water can penetrate through the backfill area to the lower areas of your foundation. This can cause potentially severe problems such as wet basements, cracks in foundation walls, and floor slab movement. Avoid this through proper installation of landscaping and good maintenance of drainage. Backfill areas will settle and require prompt attention to avoid damage to your home and voiding of the structural warranty. Keep downspout extensions in the down position to channel roof runoff away from the foundation area of your home. Routine inspection of downspouts, backfill areas, and other drainage components is an excellent maintenance habit.

Bark or Rock Beds Do not allow edging around decorative rock or bark beds to dam the free flow of water away from the home. You can use a non-woven landscape fabric between the soil and rock or bark to restrict weed growth while still permitting normal evaporation of ground moisture.

See also Grading & Drainage


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Erosion Until your yard is established and stable, erosion will be a potential concern. Heavy rain or roof runoff can erode soil. The sooner you restore the grade to its original condition, the less damage will occur. Erosion is of special concern in drainage swales. If swales become filled with soil runoff, they may not drain the rest of the yard, causing further problems. Correcting erosion is your responsibility. You may need to protect newly planted seed with erosion matting or reseed to establish grass in swales. It can take several years to fully establish your lawn in such challenging areas.

Hired Contractors You are responsible for changes to the drainage pattern made by any landscape, concrete, deck, or pool contractor. Discuss drainage with any company you hire to do an installation in your yard. Do not permit them to tie into existing drainage pipes without approval from Landed Gentry.

Natural Areas During construction, we remove construction debris from natural areas. Removing dead wood, tree limbs, fallen trees, or other natural items is your responsibility.

Planning Locate plants and irrigation heads out of the way of pedestrian or bicycle traffic and car bumpers. Space groves of trees or single trees to allow for efficient mowing and growth. Group plants with similar water, sun, and space requirements together.

Plant Selection Plant with regard to your local climate. Favor native over exotic species. Consider ultimate size, shape, and growth of the species.

Requirements Check with your local building department and homeowners association before designing, installing, or changing landscaping for any regulations that they require you to follow.

Seeded Lawns If lawn seeding is part of your home purchase, consider this just the first step in establishing your yard. Remember that the forces of nature are far stronger than grass seed. You will need to over-seed at some point, perhaps more than once. Heavy storms can cause washouts and erosion that you will need to correct. It generally takes at least three growing seasons to establish a good lawn, longer if weather conditions are difficult or if you do not have the time to devote to lawn care. Before over-seeding, remember to fill any depressions with a light layer of topsoil. Minimize traffic on newly seeded areas and avoid weed killer for at least 120 days. Keep the seed moist, not wet.

Sod Newly placed sod requires extra water for several weeks. Water in the cool part of the day (ideally just before sunrise) at regular intervals for the first three weeks. Be aware that new sod and the extra watering it requires can sometimes create drainage concerns (in your yard or your neighbor's) until the yard is established and requires normal watering.

Soil Mix Provide good soil mixes with sufficient organic material. Use mulch at least 3 inches deep to hold soil moisture and to help prevent weeds and soil compaction. In areas with high clay content, prepare the soil before installing your grass. First cover the soil with 2 inches of sand and 1 inch of treated, odorless manure. Rototill this into the soil to a depth of 6 inches (rototill parallel to the swales). Whether you use seed or sod, this preparation helps your lawn to retain moisture and require less water. Installing a lawn over hard soil permits water to run off with little or no penetration and your lawn will derive minimal benefit from watering or rain. Apply appropriate fertilizer and weed and pest controls as needed for optimal growth. Investigate organic compounds for additional protection of the environment.

Sprinkler System If Landed Gentry included a sprinkler system with your home, we will arrange to have the installer demonstrate the system and make final adjustments shortly after you move in. The installer will note and correct any deficiencies in the system at the same time. Whether we install your sprinkler or you install it yourself, keep these points in mind. You, or your Owners Association (depending on the neighborhood), are responsible for routine cleaning and adjusting of sprinkler heads as well as shutting the system down in the fall. Failure to properly drain the system and blow out the lines before freezing temperatures occur can result in broken lines, which will be your responsibility to repair. Conduct weekly operational checks to ensure proper performance of the system. Direct sprinkler heads away from the home. Trickler- or bubbler-type irrigation systems are not recommended for use adjacent to your home. Automatic timers permit you to water at optimum times whether you are at home, away, awake, or asleep. The amount of water provided to each zone can be accurately and consistently controlled and easily adjusted with a timed system. Check the system after a power outage and keep a battery in place if your system offers that as a backup.

See also Property Lines


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Stones

The soil in your area may contain rocks. Removing these naturally occurring elements is a regular maintenance activity. If Landed Gentry installs seed or sod, rocks will be removed and surface raking performed. You will need to provide continued attention to this condition as part of your yard care.

Trees Landed Gentry values trees as one of the features that make up an attractive community and add value to the homes we build. We take steps to preserve existing trees in the area of your home. In spite of our efforts, trees located on construction sites can suffer damage from construction activities, which can manifest months after work completion. Damage to existing trees can be caused by such things as compaction of soil in the root zone, changing patterns of water flow on the lot, disturbing the root system, and removing other trees to make room for the home. The newly exposed tree may react to conditions it is unaccustomed to. Caring for existing trees, including pruning dead branches or removing these trees altogether is your responsibility. Remember to water trees during the summer or during warm dry periods in the winter. Mulch around trees and avoid tilling or planting flower beds around trees. This is especially important while trees are recovering from the construction process. Trees and other plants that exist on the lot when construction begins and are not part of any landscaping installed by Landed Gentry are excluded from warranty coverage.

Utility Lines Slight depressions may develop in the lawn along the line of a utility trench. To correct this, roll back the sod, spread topsoil underneath to level the area, and relay the sod. Before any significant digging, check the location of buried service leads by calling the local utility locating service. In most cases, wires and pipes run in a straight line from the main service to the pubic supply.

Waiting to Landscape If you leave ground un-landscaped, it erodes. Correcting erosion that occurs after closing is your responsibility. Many neighborhoods have requirements within their CC&Rs related to a time period after closing that landscaping must be installed.

Weeds Weeds will appear in your new lawn whether seed or sod is used. Left un-landscaped, your yard will quickly begin to show weeds. When soil is disturbed, dormant seeds come to the surface and germinate. The best control is a healthy lawn, achieved through regular care and attention.


Landscape materials we install are warranted for one growing season. We will confirm the healthy condition of all plant materials during the orientation. Maintaining landscaping is your responsibility.

Mildew

Homeowner Use and Maintenance Guidelines Mildew is a fungus that spreads through the air in microscopic spores. They love moisture and feed on surfaces or dirt. On siding, they look like a layer of dirt. To determine whether you are dealing with mildew or dirt, wipe the surface with a cloth or sponge dampened with bleach. If the bleach causes the surface to lose its dark appearance, you are most likely seeing mildew. Cleaning mildew from your home is your responsibility. Solutions that remove mildew are available from local paint or home improvement stores. Wear protective eyewear and rubber gloves for this task; the chemicals that remove mildew are unfriendly to humans. Landed Gentry Limited Warranty Guidelines

We will remove any mildew noted during the orientation. Landed Gentry warranty excludes mildew.

Mirrors

Homeowner Use and Maintenance Guidelines To clean your mirrors, use any reliable liquid glass cleaner or polisher available at most hardware or grocery stores. Avoid acidic cleaners and splashing water under the mirror; either can cause the silvering to deteriorate. Acidic cleaners are usually those that contain ammonia or vinegar. Avoid getting glass cleaners on plumbing fixtures as some formulas can deteriorate the finish. Landed Gentry Limited Warranty Guidelines

We will confirm that all mirrors are in acceptable condition during the orientation. Landed Gentry will correct scratches, chips, or other damage to mirrors noted during the orientation.

See also Easements


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Paint and Stain

Homeowner Use and Maintenance Guidelines Recent changes in the formula for paint (such as the elimination of lead), mean that painted surfaces must be washed gently using mild soap and as little water as possible. Avoid abrasive cleaners, scouring pads or scrub brushes. Flat paints show washing marks more easily than gloss paints do. Touching up rather than washing the paint often yields better results.

Colors Your Selections Sheets are your record of the paint and stain color names, numbers, and brands in your home. You will be given small containers of paint and stain samples to match the products and colors used on your home.

Exterior Regular attention will preserve the beauty and value of your home. Check the painted and stained surfaces of your home's exterior annually. Repaint before much chipping or wearing away of the original finish occurs; this will save the cost of extensive surface preparation. Plan on refinishing the exterior surface of your home approximately every three to seven years or as often as your paint manufacturer suggests for your area and climate. Climatic conditions control the chemical structure of the paint used. Over time, the finish will fade and dull a bit. Depending on the exposure to weather of each surface, the paint on some parts of your home may show signs of deterioration sooner than others. When you repaint the exterior of your home, begin by resetting popped nails and removing blistered or peeling portions of paint with a wire brush or putty knife. Sand, spot with primer, and then paint the entire area. Use a quality exterior paint formulated for local climate conditions. Avoid allowing sprinklers spray water on the exterior walls of your home. This will cause blistering, peeling, splintering, and other damage to the home.

Severe Weather Hail and wind can cause a great deal of damage in a severe storm, so inspect the house after such weather. Promptly report damage caused by severe weather to your insurance company.

Stain For minor interior stain touch-ups, a furniture-polish-and-stain treatment is inexpensive, easy to use, and will blend in with the wood grain. Follow directions on the bottle.

Touch-Up When doing paint touch-ups, use a small brush, applying paint only to the damaged spot. Touch-ups may not match the surrounding area exactly, even if the same paint mix is used. When it is time to repaint a room, prepare the wall surfaces first by cleaning with a mild soap and water mixture or appropriate cleaning product. We provide samples of each paint used on your home. Store these with the lids tightly in place and in a location where they are not subjected to extreme temperatures.

Wall Cracks We suggest you wait until after the first heating season to repair drywall cracks or other separations due to shrinkage.

Landed Gentry Limited Warranty Guidelines During your orientation we will confirm that all painted or stained surfaces are in acceptable condition. Landed Gentry will touch up paint as indicated on the orientation list. You are responsible for all subsequent touch-up, except painting we perform as part of another warranty repair.

Cracking As it ages, exterior wood trim will develop minor cracks and raised grain. Much of this will occur during the first year. Raised grain permits moisture to get under the paint and can result in peeling. This is not a defect in materials or workmanship. Paint maintenance of wood trim and gutters is your responsibility.

Fading Expect fading of paint or stain caused by the effects of sun and weather. Landed Gentry limited warranty excludes fading.

Touch-Up Visible Paint touch-up is visible under certain lighting conditions.

Wood Grain Due to wood’s characteristics, color variations will result when stain is applied. This is natural and requires no repair. Water-base paints often make wood grain visible on painted trim. Landed Gentry does not provide corrections for this condition.

Pests and Wildlife

Homeowner Use and Maintenance Guidelines Insects such as ants, spiders, wasps, and bees, and animal life such as woodpeckers, squirrels, mice, and snakes, may fail to recognize that your home belongs to you. Addressing concerns involving these pests and wildlife goes with being a homeowner.

See also Drywall


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Informational resources include, among others, the state wildlife service, animal control authorities, the county extension service, pest control professionals, Internet, and public library.

Phone Jacks

Homeowner Use and Maintenance Guidelines Your home is equipped with telephone jacks in predetermined locations. Initiating phone service, additions to phone service, and moving phone outlets for decorating purposes or convenience are your responsibility. Landed Gentry Limited Warranty Guidelines Landed Gentry will repair wiring that does not perform as intended from the phone service box into the home. From the service box outward, care of the wiring is the responsibility of the communications provider.

Plumbing

Homeowner Use and Maintenance Guidelines Your plumbing system has many parts, most of which require little maintenance. Proper cleaning, occasional minor attention, and preventive care will assure many years of good service from this system.

Aerators Even though your plumbing lines have been flushed to remove dirt and foreign matter, small amounts of minerals may enter the line. Aerators on the faucets strain much of this from your water. Minerals caught in these aerators may cause the faucets to drip because washers wear more rapidly when they come in contact with foreign matter.

Basement Construction If you perform any construction in your basement, ensure that the plumbing lines in the basement or crawl space are not isolated from the heating source without insulation being added.

Cleaning Follow manufacturer's directions for cleaning fixtures. Avoid abrasive cleansers as they remove the shiny finish and leave behind a porous surface that is difficult to keep clean. Clean plumbing fixtures with a soft sponge and soapy water (a nonabrasive cleaner or a liquid detergent is usually recommended by manufacturers). Then polish the fixtures with a dry cloth to prevent water spots. Care for brass fixtures with a good-quality brass cleaner, available at most hardware stores. Note: Using chlorine tablets in your toilet tank can damage the components over time and negates your warranty.

Clogs The main causes of toilet clogs are domestic items such as disposable diapers, excessive amounts of toilet paper, sanitary supplies, Q-tips, dental floss, and children's toys. Improper garbage disposal use also causes many plumbing clogs. Always use plenty of cold water when running the disposal. This recommendation also applies to grease; supplied with a steady flow of cold water, the grease congeals and is cut up by the blades. If you use hot water, the grease remains a liquid, then cools and solidifies in the sewer line. Allow the water to run 10 to 15 seconds after shutting off the disposal. You can usually clear clogged traps with a plumber's helper (plunger). If you use chemical agents, follow directions carefully to avoid personal injury or damage to the fixtures. Clean a plunger drain stopper – usually found in bathroom sinks – by loosening the nut under the sink at the back, pulling out the rod attached to the plunger, and lifting the stopper. Clean and return the mechanism to its original position.

Dripping Faucet You can repair a dripping faucet by shutting off the water at the valve directly under the sink, then removing the faucet stem, changing the washer, and reinstalling the faucet stem. The shower head is repaired the same way. Replace the washer with another of the same type and size. You can minimize the frequency of this repair by remembering not to turn faucets off with excessive force. (Note that some manufacturers do not use rubber washers.)

Extended Absence If you plan to be away for an extended period, you should drain your water supply lines. To do this, shut off the main supply line and open the faucets to relieve pressure in the lines. You may also wish to shut off the water heater. Do this by turning off the cold water supply valve on top and the gas control at the bottom. Drain the tank by running a hose from the spigot on the bottom to the basement floor drain. If you leave the tank full, keep the pilot on and set the temperature to its lowest or "vacation" setting. Check the manufacturer's directions for additional instructions.

Fiberglass Fixtures To clean, use a nonabrasive bathroom cleanser and sponge or nylon cleaning pad. Avoid steel wool, scrapers, and scouring pads. Auto wax can provide a shine and restore an attractive appearance.

See also Extended Absence

Checklist


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Freezing Pipes Provided the home is heated at a normal level, pipes should not freeze at temperatures above 0 deg. Fahrenheit. Set the heat at a minimum of 55 deg. F if you are away during winter months. Keep garage doors closed to protect plumbing lines running through this area from freezing temperatures. In unusually frigid weather, or if you will be gone more than a day or two, open cabinet doors to allow warm air to circulate around pipes. Use a hair dryer to thaw frozen pipes – never use an open flame.

Glass Shower Doors Use a squeegee to dry glass shower doors after each use to prevent stains and spots caused by water and soap build-up.

Gold or Brass Finish Avoid using any abrasive cleaners on gold or antique brass fixtures. Use only mild detergent and water or a cleaning product recommended by the manufacturer.

Jetted Tubs If your home includes a jetted tub follow manufacturer directions for its use and care. Never operate jets unless the water level is at least one inch above the jets. Be cautious using the tub if you are pregnant, have heart disease or high blood pressure; discuss the use of the tub with your doctor. Tie or pin long hair to keep it from becoming tangled in the jets - a potentially dangerous situation. Clean and disinfect the system every one to two months, depending on usage. To do this, fill the tub with lukewarm water and add one cup of liquid chlorine bleach. Run the jets for 10 to 15 minutes, drain and fill again. Run for 10 minutes with plain water, drain. Avoid abrasive cleansers. Auto wax will help seal and preserve your tub's surface.

Laundry Tub If you have a laundry room tub, the faucet does not have an aerator. This allows the faucet to accept a hose connection.

Leaks If a major plumbing leak occurs, the first step is to turn off the supply of water to the area involved. This may mean shutting off the water to the entire home. Then contact the appropriate contractor.

Low Flush Toilets We want to point out a water-saving regulation that went into effect in 1993, prohibiting the manufacture of toilets that use more than 1.6 gallons of water per flush. In seeking a balance among comfort, convenience, and use of natural resources, the government conducted several studies. The 1.6-gallon toilet was found to be the size that consistently saves water. As a result of this standard, flushing twice is occasionally necessary to completely empty the toilet bowl. Though you may occasionally flush twice, overall you are saving water and complying with the law. Similarly, flow restrictors are manufactured into most faucets and all shower heads and cannot be removed. We apologize for any inconvenience this may cause.

Low Pressure Occasional cleaning of the aerators on your faucets (normally every three to four months) will allow proper flow of water. The water department controls the overall water pressure.

Main Shut-Off The water supply to your home can be shut-off entirely in two locations. The first is at the street and the second is at the meter. We will point both of these out during your Final Walkthrough.

No Water Anywhere in the Home Before calling for service, check to confirm that the: Main shut off on the meter inside your home is open. Main shut off at the street is open. Individual shut-offs for each water-using item are open.

No Hot Water See Water Heater

Leak Involving One Sink, Tub, or Toilet Check caulking and grout. Confirm shower door or tub enclosure was properly closed. Turn water supply off to that item. Use other facilities in your home and report problem next business day.

Leak Involving a Main Line Turn water off at the meter in your home. Call emergency number for service.

Back Up at One Toilet If only one toilet is affected, corrections occur during normal business hours. Shut off the water supply to the toilet involved. Use a plunger to clear the blockage. Use a snake to clear the blockage. If you've been in your home fewer than 30 days, contact Landed Gentry or

the plumber listed on your Emergency Phone Numbers sheet. If you've been in your home over 30 days, contact a router service.

Sewer Back Up Affecting Entire Home If you've been in your home fewer than 30 days, contact Landed Gentry or

the plumber listed on your Emergency Phone Numbers sheet. If you've been in your home over 30 days, contact a router service. Remove personal belongings to a safe location. If items are soiled,

contact your homeowner insurance company. Even if the troubleshooting tips do not identify a solution, the information you gather will be useful to the service provider you call.

Troubleshooting Tips: Plumbing


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Marble, Manufactured Marble or Solid Surface

Marble and manufactured marble will not chip as readily as porcelain enamel but can be damaged by a sharp blow. Abrasive cleansers and razor blades will damage the surface of manufactured marble. Always mix hot and cold water at manufactured marble sinks; hot water alone can damage the sink.

Outside Faucets Outside faucets (sillcocks) are freeze-proof, but in order for this feature to be effective, you must remove hoses during cold weather, even if the faucet is located in your garage. If a hose is left attached, the water that remains in the hose can freeze and expand back into the pipe, causing a break in the line. Repair of a broken line that feeds an exterior faucet is a maintenance item. Note that Landed Gentry does not warrant sillcocks against freezing.

Porcelain You can damage porcelain enamel with a sharp blow from a heavy object or by scratching. Do not stand in the bathtub wearing shoes unless you have placed a protective layer of newspaper over the bottom of the tub. If you splatter paint onto the porcelain enamel surfaces during redecorating, wipe it up immediately. If a spot dries before you notice it, use a recommended solvent. Avoid using abrasive cleaning products or scouring pads, as these can damage the surface

Running Toilet To stop running water, check the shut-off float in the tank. You will most likely find it has lifted too high in the tank, preventing the valve from shutting off completely. In this case, gently bend the float rod down until it stops the water at the correct level. The float should be free and not rub the side of the tank or any other parts. Also check the chain on the flush handle. If it is too tight, it will prevent the rubber stopper at the bottom of the tank from sealing, resulting in running water.

Shut-Offs Your main water shut-off is located near your meter. You use this shut-off for major water emergencies such as a water line break or when you install a sprinkler system or build an addition to your home. Each toilet has a shut-off on the water line under the tank. Hot and cold shut-offs for each sink are on the water lines under the sink.

Sprinklers Routinely inspect sprinkler heads and provide seasonal service to maintain proper functioning.

Stainless Steel Clean stainless steel sinks with soap and water to preserve their luster. Avoid using abrasive cleaners or steel wool pads, which will damage the finish. Prevent bleach from coming into prolonged contact with the sink as it can pit the surface. Occasional cleaning with a stainless steel cleaner will enhance the finish. Rub in the direction of the polish or grain lines and dry the sink to prevent water spots. Avoid leaving produce on a stainless steel surface, since prolonged contact with produce can stain the finish. Also avoid using the sink as a cutting board; sharp knives will gouge the finish. Local water conditions also affect the appearance of stainless steel. A white film can develop on the sink if you have over-softened water or water with a high concentration of minerals. In hard water areas, a brown surface stain can form appearing like rust.

Tank Care Avoid exposing the toilet to blows from sharp or heavy objects, which can cause chipping or cracking. Avoid abnormal pressures against the sides of the tank. It is possible to crack the tank at the points where it is attached to the bowl.

Water Filter or Softener If you install either a water filter or a water softener, carefully read the manufacturer's literature and warranty for your specific model. If your home includes a septic system, prior to installing a water softener, discuss with the vendor whether the system you are considering will adversely affect your septic system.

Landed Gentry Limited Warranty Guidelines During the orientation we will confirm that all plumbing fixtures are in acceptable condition and are functioning properly, and that all faucets and drains operate freely.

Clogged Drain Landed Gentry will correct clogged drains that occur during the first 30 days after closing. If a household item is removed from a clogged drain during this time, we will bill you for the drain service. After the first 30 days, you are responsible for correcting clogged drains.

Cosmetic Damage Landed Gentry will correct any fixture damage noted on the orientation list. Repairing chips, scratches, or other surface damage noted subsequent to the orientation list is your responsibility.

Exterior Faucets Landed Gentry will repair leaks at exterior faucets noted on the orientation list. Subsequent to orientation, repair of a broken line to an exterior faucet is your responsibility.

See also Landscaping / Sprinkler

See also: Septic System


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Freezing Pipes Provided the home is heated at a normal level, pipes should not freeze. Set heat at 55 degrees F if you are away during winter months. Keep garage doors closed to protect plumbing lines.

Leaks Landed Gentry will repair leaks in the plumbing system. If a plumbing leak caused by a warranted item results in drywall or floor covering damage, Landed Gentry will repair or replace items that were part of the home as originally purchased. We do not make adjustments for secondary damages (for example, damage to wallpaper, drapes, or personal belongings). Insurance should cover these items.

Noise Changes in temperature or the flow of the water itself will cause some noise in the pipes. This is normal and requires no repair. Landed Gentry will repair persistent water hammer. Expect temperatures to vary if water is used in more than one location in the home at the same time.

Supply Landed Gentry will correct construction conditions that disrupt the supply of water to your home if they involve service from the main water supply to your home, provided actions of yours have not caused the problem. Disruption of service due to failure of the water department system is the responsibility of the water department to correct.

Property Boundaries

Homeowner Use and Maintenance Guidelines At closing, in your title report, you will receive a copy of a survey that shows your lot. To construct the home Landed Gentry established the property boundaries and corners. During construction, some of the monuments that mark the lot corners may be affected or covered up by grading, excavation, installation of utility lines and other typical construction activities. If you wish to install a fence, swimming pool, add a deck or patio to your home, or otherwise establish a permanent structure, we advise that you have professional surveyors locate and mark property boundaries to be certain they are accurate and you have found all corners.

Railings

Homeowner Use and Maintenance Guidelines Stained wood or painted aluminum railings in your home require little maintenance beyond occasional dusting or polishing. Protect railings from sharp objects or moisture. Cover them during move-in to prevent dents or scratches. Stained railings will show variation in the way the wood grain took the stain. Some designs show seams where pieces of wood came together to form the railing. Landed Gentry Limited Warranty Guidelines

During the orientation we will confirm that all railings are in good condition. Landed Gentry installs railings in positions and locations to comply with applicable building codes. Railings should remain securely attached with normal use.

Resilient Flooring

Homeowner Use and Maintenance Guidelines Although resilient floors are designed for minimum care, they do have maintenance needs. Follow any manufacturer's recommendations for care and cleaning. Some resilient floors require regular application of a good floor finish. This assures you of retaining a high gloss. However, avoid using cleaning or finishing agents on the new floor until the adhesive has thoroughly set. This will take about two weeks.

Color and Pattern Your Selections Sheets provide a record of the brand, style, and color of floor coverings in your home. Please retain this information for future reference.

Limit Water Wipe up spills and vacuum crumbs instead of washing resilient floors frequently with water. Limit mopping or washing with water; excessive amounts of water on resilient floors can penetrate seams and get under edges, causing the material to lift and curl.

Moving Furniture Moving appliances across resilient floor covering can result in tears and wrinkles. Install coasters on furniture legs to prevent damage. If you damage the resilient floor, you can have it successfully patched by professionals. If any scraps remain following installation of your floor covering, we leave them for you in the hope that having the matching dye lot will make such repairs less apparent.

See also Easements


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No-Wax Flooring The resilient flooring installed in your home is the no-wax type. No-wax means a clear, tough coating that provides both a shiny appearance and a durable surface. However, even this surface will scuff or mark. Follow the manufacturer's recommendations for maintaining the finish.

Raised Nail Heads Raised nail heads are the result of movements of the floor joist caused by natural shrinkage and deflection. We have used special nails and glued the underlayment to help minimize this movement. If a nail head becomes visible through resilient flooring, place a block of wood over it and hit the block with a hammer to reset the nail.

Scrubbing and Buffing Frequent scrubbing or electric buffing is harder on floors than regular foot traffic. Use acrylic finishes if you scrub or buff.

Seams Any brand or type of resilient flooring may separate slightly due to shrinkage. Seams can lift or curl if excessive moisture is allowed to penetrate. Special caulking can be used at tub or floor joints to seal seams at those locations. Avoid getting large amounts of water on the floor from baths and showers.


We will confirm that resilient floor covering is in acceptable condition during your orientation. Landed Gentry limited warranty does not cover damage to resilient floors caused by moving furniture or appliances into the home. We can assist you in contacting professionals who can repair such damage if it occurs in your home. Landed Gentry is not responsible for discontinued selections.

Adhesion Resilient floor covering should adhere. Landed Gentry will repair lifting or bubbling and nail pops that appear on the surface.

Ridges Landed Gentry has sanded and filled the joints of underlayment to minimize the possibility of ridges showing through resilient floor coverings. Ridging is measured by centering a 6-inch straight edge perpendicular to the ridge with one end tight to the floor. If the opposite end of the straight edge is 1/8 inch or more from the floor, Landed Gentry will repair this condition.

Seams Seams will occur and are sealed at the time of installation. Landed Gentry will correct gaps in excess of 1/16 inch where resilient flooring pieces meet or ⅛ inch where resilient flooring meets another material. Landed Gentry will correct curling at seams unless caused by excessive water.

Roof

Homeowner Use and Maintenance Guidelines The shingles on your roof do not require any treatment or sealer. The less activity your roof experiences, the less likely it is that problems will occur. Refer to Roofing Products Limited Shingle Warranty.

Clean Gutters Maintain the gutters and downspouts so that they are free of debris and able to quickly drain precipitation from the roof.

Ice Dam On occasion, depending on conditions and exposure, rising heat from inside the home melts snow on the roof. When the water runs down and reaches the cold eaves, it may freeze. An accumulation of this type of ice dams subsequent runoff and water begins to back up, sometimes working its way up and under shingles, into the home through windows or ceilings. If your home design or orientation makes it vulnerable to this occurrence, you may want to install an electric gutter heater strip in susceptible areas. Be aware that manually removing ice from the roof can damage electric heater strips.

Leaks If a leak occurs, try to detect the exact location. This will greatly simplify finding the area that requires repair when the roof is dry.

Limit Walking Limit walking on your roof. Your weight and movement can loosen roofing material resulting in leaks. Never walk on the roof of your home when the shingles are wet – they are slippery.

Severe Weather After severe storms, do a visual inspection of the roof for damages. Notify your insurance company if you find pieces of shingle in the yard or shingle edges lifted on the roof.


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Landed Gentry will repair roof leaks other than those caused by weather such as hail damage, or action you have taken, such as walking on the roof. Roof repairs are made only when the roof is dry.

Ice Dam An ice build-up (ice dam) may develop in the eaves during extended periods of cold and snow. Your homeowner insurance may cover this damage, which is excluded from warranty.

Severe Weather Storm damage is excluded from warranty coverage. Notify your homeowner insurance company if storm damage is discovered.

Rough Carpentry

Landed Gentry Limited Warranty Guidelines Some floor and stair squeaks are unavoidable. Although Landed Gentry does not warrant against floor squeaks, a reasonable effort will be made to correct them.

Floor Deflection Floors will deflect (bend) when walked on. This will be more noticeable next to hutches, bookcases, pianos, chairs, and other heavy furniture. This is not a structural deficiency and Landed Gentry will take no action for this occurrence.

Floor Level Floors will be level to within ¼ inch within any 32-inch distance as measured perpendicular to any ridge or indentation. Landed Gentry will correct floor slope that exceeds 1/240 of the room.

Plumb Walls Landed Gentry will correct walls that are out of plumb more than ½ inch in an 8-foot distance or walls that are bowed more than ¼ inch in any 32-inch measurement.

Septic System

Homeowner Use and Maintenance Guidelines Most of Landed Gentry’s homes are served by sanitary sewer service provided by a municipality or other entity. If your home is in a rural area or an area not served by sewer service, you will have a septic system. Septic systems consist of two basic parts: a septic tank and an underground disposal field. Bacteria break down solids forming a sludge which is moved by incoming water out to the disposal field where it is filtered into the soil. To preserve the effectiveness of the system, keep these points in mind: Avoid disposing of chemicals such as solvents, oils, points, and so on, through the septic system Avoid using commercial drain cleaners. They can kill the bacteria that are working to break down the solid waste matter. Food from a disposal decomposes more slowly and adds to the solids in the tank. Coffee grounds may clog the system. Avoid disposing of paper product (diapers, sanitary supplies, paper towels, etc.) other than toilet paper through the system. Do not rely on yeast or chemical additive to digest sludge. They are not an alternative to regular pumping and may actually harm

the system. Drain surface water away from the disposal field. Eliminate unnecessary sources of water in the area of the disposal field. Plant

only sod over the disposal field. Avoid fertilizers in this area. Conserve indoor water use to put less strain on the system. Correct leaky faucets or running toilets promptly. Keep in mind that a

water softener will generate 30 to 85 gallons of water every regeneration cycle. Do not drive on the disposal field or build over it.

Pumping the System Over time, the matter not broken down by the bacteria can clog the system. This will happen in spite of careful use and good maintenance. To prevent serious problems, regular pumping to clean out the tank is essential – usually every 1 to 2 years, more often if usage is heavy.

System Failure If you believe your system requires attention, call a professional to assess the situation. Have the system pumped. If a new system is required, a permit must be obtained from the county or municipality where your home is located. Signs that your septic system is failing include: Black water with a foul odor backing up in drains or toilets.

Keep in mind that roof leaks cannot be repaired while the roof is wet. However, you can get on the schedule to be in line when conditions dry out, so do call in your roof leak. Confirm the source of the water is the roof rather than

from: Plumbing leak Open window on a higher floor Ice dam Clogged gutter or downspout Blowing rain or snow coming in through code

required roof vents Gap in caulking

Where practical, place a container under dripping water. If a ceiling is involved, use a screwdriver to poke a small

hole in the drywall to release the water. Even if the troubleshooting tips do not identify a solution,

the information you gather will be useful to the service provider you call.

Remove personal belongings to prevent damage to them. If damage occurs, contact your homeowner insurance company to submit a claim.

Report the leak to Landed Gentry during first available business hours.

Troubleshooting Tips: Roof Leak


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Toilets flush slowly. Water ponds on top of the disposal field. Grass stays green over the disposal field even in dry weather.

Water Softener Prior to installing a water softener, discuss with the vendor whether the system you are considering will adversely affect your septic system.


During the orientation we confirm that the septic system is working properly and that you are familiar with the location of the tank and disposal field. While we install the system in accordance with codes and plans based on your soil conditions, we do not warrant that the septic system will function indefinitely. Weather, ground water, environmental conditions, topography, as well as your family's habits can all generate unpredictable effects.

Shower Doors or Tub Enclosures

Homeowner Use and Maintenance Guidelines Shower doors and tub enclosures require minimal care. Using a squeegee to remove water after a bath or shower will keep mineral residue and soap film to a minimum. A coating of wax can also help prevent build-up of minerals and soap. Use cleaning products suggested by the manufacturer to avoid any damage to the trim and hardware. Avoid hanging wet towels on corners of doors; the weight can pull the door out of alignment and cause it to leak. Check and touch-up caulking on an as needed basis. Landed Gentry Limited Warranty Guidelines

During your orientation we will confirm the good condition of all shower doors and tub enclosures. Landed Gentry warrants that shower doors and tub enclosures will function according to manufacturer specifications.

Siding

Homeowner Use and Maintenance Guidelines Siding expands and contracts in response to changes in humidity and temperature. Slight waves are visible in siding under moist weather conditions; shrinkage and separations will be more noticeable under dry conditions. These behaviors cannot be entirely eliminated.

Wood and Wood Products Wood or wood-product siding will require routine refinishing. The timing will vary with climatic conditions. Maintain caulking to minimize moisture entry into the siding. Note that some paint colors will require more maintenance than others and some sides of the home may show signs of wear sooner based on their exposure to the elements. Some wood siding, such as cedar, is subject to more shrinking and cracking as the wood dries over time, and will require more maintenance attention.

Vinyl Vinyl siding will occasionally require cleaning. Start at the top to avoid streaking and use a cleaning product recommended by your siding manufacturer. Follow directions carefully.

Cement Based Products Cement based siding will require repainting and caulking just as wood products do.

Landed Gentry Limited Warranty Guidelines Landed Gentry warrants all siding to be appropriate in material and workmanship. We will confirm the good condition of the siding during your orientation. Subsequent damage to the siding will be your responsibility to repair. Landed Gentry will caulk and apply touch-up paint to cracks that exceed 3/16 inch. We provide this repair at year end. Paint or stain touch-up will not match the original. We will correct any separation at joints or where siding meets another material if the separation allows water to enter the home. Landed Gentry will correct delaminating siding.

Smoke Detectors

Homeowner Use and Maintenance Guidelines Read the manufacturer's manual for detailed information on the care of your smoke detectors.

Battery A chirping sound from a smoke detector indicates that the battery needs to be replaced. Follow manufacturer instructions for installing a new battery. Most smoke detectors use a 9 volt battery.

Cleaning For your safety, clean each smoke detector monthly to prevent a false alarm or lack of response in a fire. After cleaning, push the test button to confirm the alarm is working.

See also Paint and

Wood Trim


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Locations Smoke detectors are installed in accordance with building codes, which dictate locations. Landed Gentry cannot omit any smoke detector and you should not remove or disable any smoke detector.

Landed Gentry Limited Warranty Guidelines Landed Gentry does not represent that the smoke detectors will provide the protection for which they are installed or intended. We will test smoke detectors during the orientation to confirm that they are working and to familiarize you with the alarm. You are responsible for obtaining fire insurance.

Stairs

Homeowner Use and Maintenance Guidelines No known method of installation prevents all vibration or squeaks in a staircase. A shrinkage crack will develop where the stairs meet the wall. When this occurs, apply a thin bead of latex caulk and, when dry, touch up with paint. Landed Gentry Limited Warranty Guidelines Although Landed Gentry does not warrant against stair vibration or squeaks, a reasonable effort will be made to correct them.

Sump Pump

Homeowner Use and Maintenance Guidelines If conditions on your lot made it appropriate, the foundation design includes a perimeter drain and sump pump. The perimeter drain runs around the foundation to gather water and channel it to the sump pit, or crock. When the water reaches a certain level, the pump comes on and pumps the water out. Read and follow the manufacturer's directions for use and care of your pump.

Continuous Operation The pump may run often or even continuously during heavy storms or long periods of rain. This is normal under such conditions.

Discharge Know where the discharge for your sump pump system is and keep the end of the drain clear of debris so that water can flow out easily.

Power Supply The sump pump runs on electricity. If power goes off, the pump cannot operate. Storm water (not sewage) could then enter your basement. You may wish to install a back-up system to guard against this possibility. Homeowner insurance does not usually cover damage to your property from this source; you may want to obtain a rider to cover this.

Roof Water Ensure that roof water drains quickly away from the home to avoid circulating it through your sump pump. Keep downspout extensions or splash blocks in place to channel water away from your home.

Trees and Shrubs Avoid planting trees or shrubs with aggressive root growth patterns near your home’s foundation. The roots can make their way into the perimeter drain and eventually clog the system.

Routine Check Periodically check to confirm the pump is plugged in, the circuit breaker is on and that the pump operates. To check the operation of your sump pump, pour five gallons of water into the sump pump crock (hole). The pump should come on and pump the water out. Follow this procedure once a year.


During your orientation we will discuss the sump pump and confirm it is operational. The pump is classified as an appliance and is warranted by the manufacturer.

Ventilation

Homeowner Use and Maintenance Guidelines Homes today are built more tightly than ever. This saves energy dollars but creates a potential concern. Condensation, cooking odors, indoor pollutants, and carbon monoxide may all accumulate. We provide mechanical and passive methods for ventilating homes. Your attention to ventilation is important to health and safety. Building codes require attic and crawl space vents to minimize accumulation of moisture.

Attic Vents Attic ventilation occurs through vents in the soffit (the underside of the overhangs) or on gable ends. Driving rain or snow sometimes enters the attic through these vents. Do not cover them to prevent this. Instead, cover the insulation in front of the vent. When you do this, precipitation that blows in safely evaporates and ventilation can still occur.


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Crawl Space Vents Homes with crawl spaces usually include two or more vents. Make sure these vents remain open and that debris other items do not block their operation.

Daily Habits Your daily habits can help keep your home well ventilated: Do not cover or interfere in any way with the fresh air supply to your furnace. Develop the habit of running the hood fan when you are cooking. Ditto the bath fans when bathrooms are in use. Air your house by opening windows for a time when weather permits.

Proper ventilation will prevent excessive moisture from forming on the inside of the windows. This helps reduce cleaning chores considerably.

Landed Gentry Limited Warranty Guidelines Landed Gentry warranty guidelines for active components (for example, exhaust fans) are discussed under the appropriate headings (such as electrical systems, heating system, and so on).

Water Heater: Electric

Homeowner Use and Maintenance Guidelines Carefully read the manufacturer's literature and warranty for your specific model of water heater.

Drain Tank Review and follow the manufacturer's timetable and instructions for draining several gallons of water from the bottom of the water heater. This reduces build-up of chemical deposits from the water, thereby prolonging the life of the tank as well as saving energy dollars. Also drain the tank if it is being shut down during periods of freezing temperatures. Carefully follow the instructions in the manufacturer's literature.

Element Cleaning or Replacement The heating elements in the water heater will require periodic cleaning. The frequency is determined in part by the quality of the water in your area. Again, refer to the manufacturer’s literature for step-by-step instructions and drawings, or contact an authorized service company.

Pressure Relief Valve At least once each year, manually operate the pressure relief valve. Stay clear of the discharge line to avoid injury. See manufacturer's literature for diagrams and detailed instructions.

Safety Keep the area around a water heater clear of stored household items. Never use the top of the water heater as a storage shelf.

Temperature Temperature settings on an electric water heater will produce approximately the temperatures listed below:

Hot 120 degrees F A 130 degrees F B 140 degrees F C 150 degrees F Very Hot 160 degrees F

The recommended setting for operation of a dishwasher is B, or 140 degrees. Higher settings can waste energy dollars and increase the danger of injury from scalding. Note: Hot water will take longer to arrive at sinks, tubs, and showers that are farther from the water heater.


Refer to the manufacturer's limited warranty for complete information regarding warranty coverage on your water heater.

Water Heater: Gas


Carefully read and follow the manufacturer's literature for your specific model of water heater. Condensation

Before calling for service, check to confirm that: Water heater breaker on your main electric

panel is in the on position. (Remember if a breaker trips you must turn it from the tripped position to the off position before you can turn it back on.)

Temperature setting is not too low or set on “vacation.”

Water supply valve is open. Refer to the manufacturer's literature for specific locations of these items and possibly other troubleshooting tips. Even if the trouble shooting tips do not identify a solution, the information you gather will be useful to the service provider you call.

Troubleshooting Tips – No Hot Water

See also Plumbing

See also Plumbing


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Condensation inside your new water heater may drip onto the burner flame. This causes no harm and in most cases will disappear in a short period of time.

Drain Tank Review and follow the manufacturer's timetable and instructions for draining several gallons of water from the bottom of the water heater. This reduces the build-up of chemical deposits from the water, prolonging the life of the tank and lowering energy costs.

Pilot Never light a gas pilot when the water heater tank is empty. Always turn off the gas before shutting off the cold water supply to the tank. Most often there are lighting instructions adjacent to the pilot light. To light the water heater pilot: (1) remove the cover panel on the tank to expose the pilot. (2) Rotate the on-off-pilot knob to the pilot position. When the knob is in this position, the red button can be depressed. (3) While depressing the red button, hold a match at the pilot. Once the pilot lights, continue to hold the red button down for 30 to 60 seconds. When you release the red button, the pilot should stay lit. (4) If it does not, wait several minutes to allow the gas to dissipate from the tank and repeat the entire process. (5) If it stays lit, rotate the on-off pilot knob to the on position. (6) Reinstall the cover panel, then adjust the temperature setting with the regulating knob on the front of the tank. Note: Water heaters sometimes collect small quantities of dirty water and scale in the main gas lines, which may put out the pilot light. While away from home for an extended period of time, set the temperature to its lowest point and leave the pilot lit.

Safety Vacuum the area around a gas-fired water heater to prevent dust from interfering with proper flame combustion. Avoid using the top of a heater as a storage shelf.

Temperature The recommended thermostat setting for normal everyday use is “normal.” Higher settings can result in wasted energy dollars and increase the danger of injury from scalding. Hot water will take longer to arrive at sinks, tubs, and showers that are farther from the water heater.


Refer to the manufacturer's limited warranty for information regarding coverage of the water heater.

Windows, Screens, French Doors and Sliding Glass Doors

Homeowner Use and Maintenance Guidelines Contact a glass company for re-glazing of any windows that break. Window glass is difficult to install without special tools.

Acrylic Block Clean during moderate temperatures with only a mild soap and warm water using a sponge or soft cloth and dry with a towel. Avoid abrasive cleaners, commercial glass cleaner, razors, brushes, or scrubbing devices of any kind. Minor scratches can often be minimized using by rubbing a mild automotive polish.

Aluminum Clean aluminum metal surfaces with warm, clear water. Do not use powdered cleaner. After each cleaning, apply a silicone lubricant. Clean glass as needed with vinegar and water, a commercial glass cleaner, or the product recommended by the window manufacturer.

Condensation Condensation on interior surfaces of the window and frame is the result of high humidity within the home and low outside temperatures. Your family’s lifestyle controls the humidity level within your home. If your home includes a humidifier, closely observe the manufacturer's directions for its use.

Screen Storage and Maintenance Many homeowners remove and store screens for the winter to allow more light into the home. To make re-installation more convenient, label each screen as you remove it. Use caution: screens perforate easily and the frames bend if they are not handled with care. Prior to re-installing the screen, clean them with a hose and gentle spray of water.

Sills Window sills in your home are made of wood, wood product, man-made marble, or marble. The most common maintenance activity is dusting. Twice a year, check caulking and touch-up as needed. Wax is not necessary but can be used to make sills gleam. Protect wood and wood product sills from moisture. If you arrange plants on a sill, include a plastic tray under the pot.

Before calling for service, check to confirm that: Pilot is lit. (Directions will be found on the

side of the tank.) Temperature setting is not too low or set on

“vacation.” Water supply valve is open.

Refer to the manufacturer's literature for specific locations of these items and possibly other troubleshooting tips. Even if the trouble shooting tips do not identify a solution, the information you gather will be useful to the service provider you call.

Troubleshooting Tips – No Hot Water



63 Rev. 3.13.18

Sliding Glass Doors Sliding glass doors are made with tempered glass which is more difficult to break than ordinary glass. If broken, tempered glass breaks into small circular pieces rather than large splinters which can easily cause injury. Keep sliding door tracks clean for smooth operation and to prevent damage to the door frame. Silicone lubricants work well for these tracks. Acquaint yourself with the operation of sliding door hardware for maximum security. Under certain lighting conditions, door glass may be hard to see. If you keep the screen fully closed when the glass door is open, your family will be accustomed to opening something before going through. You may want to apply a decal to the glass door to make it readily visible.

Sticking Windows Most sliding windows (both vertical and horizontal) are designed for a 10-pound pull. If sticking occurs or excessive pressure is required to open or close a window, apply a silicone lubricant. This is available at hardware stores. Avoid petroleum-based products.

Tinting Applying tinting of foil lining to dual pane windows can result in broken windows due to heat build-up. Some manufacturers void their warranty on the windows if you apply tinting or foil lining. Contact the manufacturer to check on their current policy before you apply such coatings.

Weep Holes In heavy rains, water may collect in the bottom channel of window frames. Weep holes are provided to allow excess water to escape to the outside. Keep the bottom window channels and weep holes free of dirt and debris for proper operation.


We will confirm that all windows, screens, and sliding glass doors are in acceptable condition during the orientation. Landed Gentry will repair or replace broken windows or damaged screens noted on the orientation list. Windows should operate with reasonable ease and locks should perform as designed. If they do not, Landed Gentry will provide adjustments and/or contact the manufacturer for repairs.

Condensation Condensation on interior surfaces of the window and frame is the result of high humidity within the home and low outside temperatures. You influence the humidity level within your home; Landed Gentry provides no corrective measure for this condition. Condensation that accumulates between the panes of glass in dual-glazed windows indicates a broken seal. Landed Gentry will replace the window if this occurs during the warranty period.

Infiltration Some air and dust will infiltrate around windows, especially before the installation of landscaping in the general area. Landed Gentry warranty excludes this occurrence.

Scratches Landed Gentry confirms that all window glass is in acceptable condition at the orientation. Minor scratches on windows can result from delivery, handling, and other construction activities. Landed Gentry will replace windows that have scratches readily visible from a distance of 4 feet. Landed Gentry does not replace windows that have scratches visible only under certain lighting conditions.

Tinting If you add tinting to dual-glazed windows, all warranties are voided. Damage can result from condensation or excessive heat build-up between the panes of glass. Refer to the manufacturer’s literature for additional information.

Wood Trim

Homeowner Use and Maintenance Guidelines Shrinkage of wood trim occurs during the first two years or longer, depending on temperature and humidity. All lumber is more vulnerable to shrinkage during the heating season. Maintaining a moderate and stable temperature helps to minimize the effects of shrinkage. Wood will shrink less lengthwise than across the grain. Wood shrinkage can result in separation at joints of trim pieces, which can usually be corrected with caulking and touch-up painting. Shrinkage may also cause a piece of trim to pull away from the wall. If this occurs, drive in another nail close to, but not exactly in, the existing nail hole. Fill the old nail hole with putty and touch up with paint as needed. If the base shoe (small trim between base molding and the floor) appears to be lifting from the floor, this is probably due to slight shrinkage of the floor joists below. Again, you can correct this condition by removing the old nails and re-nailing. You may prefer to wait until after the first heating season to make any needed repairs at one time when redecorating. Landed Gentry Limited Warranty Guidelines

See also Expansion and

Contraction


64 Rev. 3.13.18

During the orientation we will confirm that wood trim is in acceptable condition. Minor imperfections in wood materials will be visible and will require no action. Landed Gentry will correct readily noticeable construction damage such as chips and gouges listed during the orientation.

Exterior Landed Gentry will caulk and apply touch-up paint to cracks in exterior trim components that exceed 3/16 inch. We provide this repair at year end. Paint or stain touch-up will not match. We will correct any separation at joints that allows water to enter the home.

Raised Grain Because of the effects of weather on natural wood, you should expect raised grain to develop. This is normal and not a defect in the wood or paint. Warranty coverage excludes this condition.

What to Expect of Your Hardwood Floor Customers are sometimes unhappy with their hardwood floors because the floors don't look or perform the way they expected them to. Here are some things you should know about hardwood flooring: 1) WOOD FLOORS WILL DENT: No matter how hard the wood species or what type of finish is applied, wood floors will dent from

improperly protected furniture, moving appliances, high heeled shoes and pet toenails. No site or factory applied finish can prevent this.

2) WOOD IS NOT MONOCHROMATIC: Wood varies in color and grain from piece to piece. Your flooring was milled from many different trees and will have natural variations according to the grading rules of the species or grade selected. The installed floor will vary from the sample.

3) WOOD CHANGES COLOR AS IT AGES: Most woods will naturally patina with or without direct sunlight. Direct sunlight may yellow or accelerate the natural process in some species.

4) FURNITURE QUALITY FINISH SHOULD NOT BE EXPECTED: Your floor was made to be walked on. Small finish imperfections, particularly those seen only in reflections or window glare should be expected and should not compromise the beauty of your floor.

5) YOUR FLOOR SHOULD BE INSPECTED FROM A STANDING POSITION: Minor blemishes or imperfections that cannot be seen from a standing position should not be considered as defects or detract from the appearance of the floor.

6) WOOD FLOORS MAY SHOW GAPS BETWEEN THE BOARDS: No matter how well the boards fit when first installed, your floor will continuously absorb and release moisture from changes in your home's humidity and temperature. This process will cause boards to shrink and show gaps during the winter heating season (more so for solid wood flooring, less for engineered floors). Lighter colored woods and stains will show these gaps more readily.

7) MAINTAIN PROPER TEMPERATURE & HUMIDITY LEVELS: Hardwood flooring performs best if temperature and humidity levels in the home do not vary greatly (consult manufacturer’s recommendations). Too much moisture can make flooring "cup", too little may result in gaps or cracks.

8) PROPER CARE & MAINTENANCE IS REQUIRED: To keep your floor looking and performing well you must follow manufacturer or industry guidelines in caring for and cleaning your floor. Do not move heavy appliances (even on rollers) directly on the flooring. Do not wet mop or leave standing water on your floor. Dust, sweep, vacuum and damp mop your floor regularly. Always use approved cleaners. Place area rugs or runners in high traffic locations, and have proper protectors on all furniture.

9) ASK YOUR DEALER: We are here to help and can recommend ways to clean, maintain and protect your hardwood floor.

4 Forms Appendix

SECTION 4 Appendix: Forms and Additional Warranty / Maintenance Information Following are the forms mentioned throughout this Homeowner Manual. Feel free to pull them out and make copies for your use.

● Loan Application Checklist ● Down Payment Worksheet ● Monthly Payment Worksheet ● Owner Walkthrough – Final Inspection ● Moving Preparation Checklist ● After Your Move Checklist ● Appliance Service ● Home-Care Supplies ● Maintenance Schedule ● Hardwood Flooring ● Warranty Service Request Forms

30-Day Repair Service Request Year-End Warranty Service Request

● Homeowner Comment Form ● Additional Warranty / Maintenance Information (if applicable)

Rev 041201 04 Loan App Checklist

Loan Application Checklist The amount of documentation and information required for a mortgage can seem overwhelming. You can facilitate the application process by collecting as much of the needed information as you can before your appointment.

The checklist that follows is a general guide to assist you with the loan application. Some of the items listed may not apply to you, and your lender will probably request some items that are not included here, but this list will get you off to a good start.

Credit Report You will be asked to pay for a credit report and an appraisal upon signing the application.

Property Information The purchase agreement will include the legal description of the property and the price.

Personal Information Social Security number and driver's license for each borrower Home addresses for the last two years Divorce decree and separation agreements, if applicable Trust agreement, if applicable

Income Most recent pay stubs Documentation on any supplemental income such as bonuses or commissions Names, addresses, and phone numbers of all employers for last two years W-2s for last two years If you are self-employed or earn income from commissioned sales, copies of last two years of tax

returns with all schedules and year-to-date profit and loss for current year, signed by an accountant Documentation of alimony or child support, if this income is considered for the loan

Real Estate Owned Names, addresses, phone numbers, and account numbers of all mortgage lenders for the last seven

years Copies of leases and two years of tax returns for any rental property Market value estimate

Liquid Assets Complete names, addresses, phone numbers, and account numbers for all bank, credit union, 401K,

and investment accounts Copies of the last three month's statements for all bank accounts Copies of any notes receivable Value of other assets such as auto, household goods, and collectibles Cash value of life insurance policies Vested interest in retirement funds or IRAs

Liabilities Names, account numbers, balances, and current monthly payments for all revolving charge cards Names, addresses, phone numbers, and account numbers for all installment debt and approximate

balances and monthly payments for such items as mortgages, home equity loans, and auto loans Alimony or child support payments Names, addresses, phone numbers, account numbers of accounts recently paid off, if used to

establish credit

Rev 041201 05 Down Pmt Worksheet

Down Payment Worksheet Available Funds

Equity in present home $ ______________________________

Savings, savings certificates $ ______________________________

Investments $ ______________________________

Insurance (cash value) $ ______________________________

Other funds (such as a cash gift) $ ______________________________

Total available funds $ ______________________________

Minus amount you want to keep in savings $ ______________________________

Adjusted Total Available Funds $ ______________________________

Expected Expenses Settlement costs (estimate 5 percent of loan) $ ______________________________

Moving costs $ ______________________________

Landscaping $ ______________________________

Other expected expenses $ ______________________________

Total Expected Expenses $ ______________________________

Down Payment Adjusted total available funds $ ______________________________

Minus total expected expenses $ ______________________________

Amount Available for Down Payment $ ______________________________

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Rev 041201 06 Monthly Pmt Worksheet

Monthly Payment Worksheet Loan Payment

Principal and interest $ ______________________________

Property tax $ ______________________________

Hazard insurance $ ______________________________

Total Loan Payment $ ______________________________

Homeowner Association Monthly Dues $ ______________________________ Estimated Utilities

Electric $ ______________________________

Gas $ ______________________________

Water $ ______________________________

Sewer $ ______________________________

Trash collection $ ______________________________

Cable TV $ ______________________________

Security system monitoring $ ______________________________

Total Estimated Utilities $ ______________________________

Monthly Payment

Loan payment $ ______________________________

Homeowner association dues $ ______________________________

Estimated utilities $ ______________________________

Total Monthly Payment $ ______________________________

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Owner Walk-Through - Final Inspection

Purchaser Date

Address Phone

Lot Plan Community

Entry / Foyer Comments

Kitchen Comments

Dining / Nook Comments

Doors

Flooring

Walls / ceiling

Windows

Closet

Lights / outlets

Flooring

Walls / ceiling

Windows

Lights / outlets

Countertops

Cabinets

Appliances

Plumbing

Flooring

Walls / ceiling

Windows

Lights / outlets

09 Walk-Through - Final - 051006

Initials: Builder_______ Purchaser_______/_______Page 1

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Lot Plan Community

Living Room Comments

Master Bedroom Comments

Master Bath Comments

Flooring

Walls / ceiling

Windows

Lights / outlets

Fireplace

Flooring

Walls / ceiling

Windows

Lights / outlets

Doors

Closet

Flooring

Walls / ceiling

Windows

Lights / outlets

Doors

Vanity

Mirror

Hardware / fixtures

Tub / shower

Tile

Toilet

Plumbing



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Lot Plan Community

Bedroom 2 Comments

Bedroom 3 / Den Comments

Bathroom 2 Comments

Flooring

Walls / ceiling

Windows

Lights / outlets

Doors

Closet

Flooring

Walls / ceiling

Windows

Lights / outlets

Doors

Closet

Lights / outlets

Doors

Vanity / mirror

Flooring

Walls / ceiling

Windows

Hardware / fixtures

Tub / shower

Tile

Toilet

Plumbing



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Lot Plan Community

Laundry Room Comments

Options / Misc. Comments

Garage Comments

Flooring

Walls / ceiling

Windows

Lights / outlets

Doors

Sink

House fan

Cabinets

Plumbing

Windows / screens

Closets

Doors

Garage door opener

Slab

Walls / ceiling

Lights / outlets

Power panel

Hot water tank

Furnace

Water shut off

Plumbing

Attic storage



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Lot Plan Community

Exterior Comments

1. WALK-THROUGH SIGN-OFF

Purchaser: Builder:

Date: Date:

2. FINAL SIGN-OFF

Number of garage door remote controls to be issued:

Purchaser: Date:

I acknowledge that the above Inspection List items have been completed or corrected in a workmanlike manner and to my satisfaction and acceptance.

Builder and Purchaser have completed the inspection and are in agreement with the above listed correction items and terms.

All plumbing and light fixtures, cabinets, mirrors, appliances, countertops, tile and flooring areas are free of chips, scratches, dents, cracks, and other surface defects.Every attempt will be made to have landscaping in place prior to closing; however, it may take as long as six months to complete, depending on weather, scheduling, and seasonal considerations.Work will be completed as quickly as possible to facilitate occupancy. Builder will attempt to have all items on this list completed within a 30 day period. Some items may be back-ordered from the vendor and could take longer. Purchaser will be informed of any delays. There will be a final acceptance inspection performed to verify that the items have been corrected, that the home meets the Purchaser's expectations, and is accepted.House and mailbox keys will be issued following closing.Warranty information is provided in the Homeowner Manual and in the Public Offering Statement.

Landscape

Walks / drives

Patio / porch

Siding / trim

Windows

Lights / outlets

Hose bib(s)

Doorbell



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Rev 041201 10 Moving Prep Checklist

Moving Preparation Checklist Compare proposals of professional movers:

Costs for services such as packing and unpacking Costs of packing materials and boxes Distance and weight charges Insurance Availability and notice needed

Plan a self-move well in advance: Make truck reservations early (6-8 weeks or more) Include a reservation for a dolly and moving pads Reconfirm one week prior Arrange for help from family and friends

If you have children, involve them in planning and preparing for the move Create a file for storing documents about your home and manufacturer literature Retain receipts for tax purposes – moving costs may be deductible Send change-of-address cards to magazines and book clubs six weeks prior to your move Give the forwarding order to your old post office one month prior to assure uninterrupted service Register children in their new schools Transfer medical and dental records, if necessary Arrange for homeowner insurance and obtain the certificate you need for closing Order checks with new your address; update financial records Properly dispose of flammable or hazardous materials that should not be moved Packing Materials

Boxes of various sizes; cartons for mattresses Packing tape and heavy string Packing paper, newspaper, bubble wrap Labels to identify boxes (include a number, room/name); "Fragile" labels for special items Markers Master packing list (list each box by number with name/room and brief description of contents) Scissors Furniture pads, blankets, rugs

Moving Day Necessities Children's toys and games Toilet paper Beverages and snacks Paper towels Soap and hand towels Trash bags First aid kit Prescription medication Medical supplies for special needs Pad and pen Small tools: tape measure, scissors, screwdrivers, hammer Ice maker hook-up kit Dryer vent flex hose New hoses for washing machine Picture hangers Plant hooks Scratch cover Shelf liner / contact paper Phone and phone book

Additional Notes: ________________________________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________________________________

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Rev 041201 11 After Your Move Checklist

After Your Move Checklist Store your closing documents, warranties and appliance manual is a safe location for easy reference Fill out and mail in all manufacturers’ warranty information cards for all your new appliances Store all touch-up paint and stain in safe location for easy access Purchase extra fire extinguishers as needed Assemble a first-aid kit Locate main water and gas shut-off valves Locate electrical service panel and main shut-off switch Familiarize yourself with the operation of all appliances and equipment Install floor protector pads on the bottom of all furniture legs where needed Review your home maintenance schedule Update your driver's license, car and voter registration Notify the following of your new address:

Place(s) of employment Driver license(s) Vehicle Insurance companies Credit card companies Social security Administration Health and benefits plans Investments accounts Magazine subscriptions Professional organizations Family and friends

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Rev 041201 12 Appliance Service

Appliance Service This sheet is for your convenience. For warranty service on an appliance, contact the appropriate manufacturer directly at the service number provided in the appliance literature. You will need to supply the model and serial number (usually located on a small metal plate or seal attached to the appliance in an inconspicuous location), and the date of purchase (your closing date). Closing Date ______________________________

Appliance Manufacturer Model # Serial # Service Phone # Range

Range Hood

Cooktop

Oven

Microwave

Dishwasher

Disposal

Compacter

Washer

Dryer

Refrigerator

Freezer

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Rev 041201 13 Home-Care Supplies

Home-Care Supplies You will find that caring for your home is much easier if you have necessary tools and supplies on hand. As you review the maintenance information in this manual and in the manufacturer materials, note the materials and tools you will need. Note sizes, colors, brands, sources, and so on to create a convenient inventory that will make shopping for home-care products easier. You may wish to make copies of this form before filling it out.

For Item / Brand Color/ Style / Size Source Notes

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Rev 041201 14 Maintenance Schedule

Maintenance Schedule Begin care of your home with organized records, including information about all of its components and your furnishings. This information will make caring for you home easier, the records may be useful in completing tax returns, and will be valuable when you sell your home. Another worthwhile step is to inventory all equipment, appliances, furnishings, and personal belongings. A photo album containing pictures of each room is an excellent supplemental item. In addition to normal daily and weekly care, develop a schedule of preventative routines based on the information in this manual and the manufacturer literature you receive. A change of season creates special maintenance needs so plan for winterizing and summarizing your home.

Task/Notes Frequency J F M A M J J A S O N D

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CUSTOMER CARE AND INFORMATION GUIDE FOR

HARDWOOD FLOORSCongratulations on the purchase of your new Landed Gentry home.

Great Floors takes great pride in our quality worksmanship and materials. With proper maintenance and appropriate cleaners, your hardwoood will remain beautiful for many years to come.

CARe OF HARDWOOD FLOORSCongratulations on having made hardwood floors part of your decorative environment. They are a wonderful investment that will last a lifetime. Hardwood is a product of nature. There are many species of wood available today, each with its own natural characteristics, which add to the beauty of the products. A hardwood floor should be expected to show hairline cracks in and between boards. There might also be a slight variation in the height of the boards in relationship to each other. Natural variations in color and grain are to be expected and are not considered to be a product defect. Some pre-finished wood floors are laminated (made up of several layers of hardwood with the top layer being stained and finished). Pre-finished wood is sanded and stained at the factory, so when installed, there may be a slight variation in the height between boards. A space between each board is intentional (necessary for the expan-sion and contraction of wood due to tempera-ture and moisture changes in the wood). Minor splintering and chipping is considered normal. Below you will find information intended to help you keep your floors as beautiful as the day they were installed or refinished. Note: Always follow the manufacturers recommended proce-dures when known.

PReventive MAintenAnCe • Oils from asphalt driveways or roads will tend

to leave a stain. Use dirt-trapping, walk-off mats at all exterior doors to prevent as much dirt as possible from getting inside. Soft-backed throw rugs or small carpet squares just inside entrances are also helpful. Dirt

and grit are ANY floor’s worst enemy – includ-ing carpet and vinyl.

• Certain chemicals in wood oxidize in stronglight causing the wood to change color, weather age, or develop patina. To avoid uneven appearance, move area rugs occa-sionally and drape or shade large west-facing windows.

• Put fabric-faced glides on the legs of furniture.This allows movement without scuffing. Clean the glides regularly as dirt can become embedded in them. Some furniture may require barrel-type roller casters as ball-type caster may cause damage. Grey, non-mark-ing rubber casters are the best. Avoid plastic casters.

• Vacuum regularly (do not use a vacuum with abeater bar), as often as you vacuum carpets. A brush attachment works well. Sweep or use a dust mop daily or as needed, but do not use a household dust treatment as this may cause your floor to become dangerously slick or dull the finish.

• Never damp mop a wax-finished wood floor.There are some finishes that can be damp mopped. In this case, you still need to use minimum water as water causes deteriora-tion of the wood itself as well as the finish.

• Wipe up food and other spills immediately us-ing a damp – not wet –cloth. Then wipe the floor dry with a soft, dry cloth.

• Waxing is not required for some finishes. Besure you are aware which type finish was used on your floors before attempting to wax them.

• Keep high heels in good repair. High heels canalways dent a hardwood floor

CARe OF StAnDARDHARDWOOD FLOORS

• Keep grit off the floor. Dust mop regularly andkeep mats clean.

• Wipe up spills immediately with a soft, drycloth. Use a damp – not wet – cloth for sticky spills.

• Never damp mop a wood floor. Do not cleanyour wood floors with water or water-based products on a regular schedule. Retail stores carry hardwood floor care kits that can be used to clean your floors instead of vinegar and water, which will dull the finish over a period of time.

• Buff to restore luster.• Never wax a surface finish! Once waxed, the

floor will be unable to be merely re-coated, but will have to be completely sanded down to raw wood to restore the floor.

CARe OF WHite tOPiCAL StAinHARDWOOD FLOORS

Due to their light color, these floors will show the effects of dirt and traffic more than those with natural or dark-stained finish will. There-fore, they need more attention. Vacuum or sweep often. Wipe off spill immediately. Follow

the maintenance recommended for the type fin-ish used.

Something else you’ll probably notice with such finishes is tiny separations between the flooring strips during dry seasons or long heating periods. The amount of moisture in the air is what causes wood to expand or contract. When humidity levels are low, the flooring will contract and the separations will become more noticeable than at other times. The contrast of a white floor surface causes even tiny scratches to appear larger. This is all normal. Depending on the type of finish used (factory or on-the-job), the light-tinted or white floors may have some shading changes over time. The finish on white or pastel stained floors will appear to diminish or deteriorate faster than a natural stain, especially if in contact with water.

Hollow Sounds: No sub-floor is perfectly level. Dips and ridges will remain in the sub-floor even after hardwood floor preparation. There may be hollow sounds where this condition occurs. This condition does not affect the structural integ-rity of the hardwood or the installation. Hollow sounds are considered normal and are not con-sidered a product or installation defect.

CUSTOMER CARE AND INFORMATION GUIDE FOR

HARDWOODPAGE 2

Great Floors Burlington Showroom 1250 Swan Drive . Burlington, WA 98233 . 360/757-4600

30 Day Warranty Service Request

Rev. 3.13.18

This request can be used one time, 30 days after the closing of your home. For your protection and to allow efficient operations, we require all non-emergency requests must be made in writing using the approved form for warranty claims and made within the time frame requested. Please refer to the Home Owner’s Manual for items covered under warranty. The page listing your warrantable item must be referenced on the submission form.

All warranty submissions must be made using any of the following methods: Email – [email protected] US Mail – 504 E. Fairhaven Ave., Burlington, WA 98233

We will contact you to set an inspection appointment. Service appointments are available between the hours of 8:00 a.m. and 4:00 p.m., Monday through Friday. Thank you for your cooperation.

Purchaser(s):_______________________________________________________________________ Date:__________________

Address:_____________________________________________________________________________________________________

Phone (home):________________________________________ Phone (cell):_________________________________________

Home site:______________ Floorplan:_____________________________ Community:_____________________________

Location

Service Requested

Page Reference of Warrantable Item

Comments:___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Homeowner(s) requests for a review of the above items pursuant to the Limited Warranty Guidelines outlined in the Homeowner’s Manual.

Homeowner Signature(s):___________________________________________________________ Date:___________________

Homeowner(s) hereby acknowledge that the above warranty items have been completed or corrected in a workmanlike manner pursuant to Builder’s Limited Warranty Guidelines.

Homeowner Signature(s)____________________________________________________________ Date:___________________

mailto:[email protected]

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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Year-End Warranty Service Request

Rev. 3.13.18

This request can be used one time, no later than 1 year after the closing of your home. For your protection and to allow efficient operations, we require all non-emergency requests must be made in writing using the approved form for warranty claims and made within the time frame requested. Please refer to the Home Owner’s Manual for items covered under warranty. The page listing your warrantable item must be referenced on the submission form.

All warranty submissions must be made using any of the following methods: Email – [email protected] US Mail – 504 E. Fairhaven Ave., Burlington, WA 98233

We will contact you to set an inspection appointment. Service appointments are available between the hours of 8:00 a.m. and 4:00 p.m., Monday through Friday. Thank you for your cooperation.

Purchaser(s):_______________________________________________________________________ Date:__________________

Address:_____________________________________________________________________________________________________

Phone (home):________________________________________ Phone (cell):_________________________________________

Home site:______________ Floorplan:_____________________________ Community:_____________________________

Location

Service Requested

Page Reference of Warrantable Item

Comments:___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Homeowner(s) requests for a review of the above items pursuant to the Limited Warranty Guidelines outlined in the Homeowner’s Manual.

Homeowner Signature(s):___________________________________________________________ Date:___________________

Homeowner(s) hereby acknowledge that the above warranty items have been completed or corrected in a workmanlike manner pursuant to Builder’s Limited Warranty Guidelines.

Homeowner Signature(s)____________________________________________________________ Date:___________________


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18 Homeowner Comment REV. 3.22.17

Homeowner Comment Form Dear Homeowner, We want our Homeowner Manual to be relevant and useful to the needs of our customers and homeowners. We revise this material regularly and would appreciate your feedback and comments. Please email to [email protected]. 1. Please indicate how you used this manual: Read it from cover to cover Briefly looked it over Looked up answers to specific questions on occasion Did not use it at all

2. Did you find the information: Useful Easy to understand Accurate

3. What sections were most helpful? Purchasing Your Home Arranging Your Loan New Home Selections Construction of Your Home Homeowner Orientation Closing on Your Home Caring for Your Home Maintenance of Interior and

Exterior Materials and Systems 4. What topics should we add? 5. Are there any topics we need to clarify, or any item that was confusing? 6. Do you have any additional comments? Please fill in your name, address, and phone number below (optional): Name ______________________________________________________________________ Address _____________________________________________________________________ Phone Number _______________________________________________________________

Please check here if you would like us to call you Thank you, Landed Gentry Homes & Communities


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5

The Home Build Process

Community Specific Information

COMMUNITY ASSOCIATION:

Declaration of CCRs and

Amendments

Plat Maps and Bylaws

Formation Documents

Budgets


SECTION 5 The Home Build Process Community Specific Information

● Misc. Maps in Larger Format ● Summary of Maintenance Responsibilities ● Utility and Community Services

Community Association

● Declaration of CCRs and Amendments ● Plat Map ● Bylaws ● Formation Documents ● Budget

P:\Departments\Construction - Home Building\6 HOManual\New Section 5 (Unique & Community Specific)\01 Build Process FlowChart - 11x17 Rev 2.7.18.doc

Creating Your New Home - The Build Process Following is a basic diagram summarizing the home build and selections processes. Please note that these diagrams are intended for explanation purposes only, and are not an exact representation of the timeline. Weather, the availability of materials, and trade contractor schedules can all affect the construction schedule. Your Sales Representative will contact you in the unlikely event that schedule variations will change your closing date. Note: Be sure to bring your Homeowner Manual and Selections Sheets with you to all meetings and walkthroughs

Purchase & Sale Meeting

Final Purchase & Sale documents signed Site plan signed Floor plan signed (if no customization) Deposit collected Buyer receives Homeowner Manual and

Selections Letter & Workbook Finalize exterior color

Pre-Construction Contact

Review schedule and selections deadlines Review procedures and change order

process Phase 1 Selections Meeting scheduled

Customization Contact (if needed)

Finalize construction plans: customization and structural options

Start of

Construction Phase

Permitting

Project Manager applies for building permit from city

Buyer reviews selections sheets and floorplans prior to Phase 1 Selections Meeting

Slab Prep Utilities

Foundation Footings

Backfill

Framing

Roof

Phase 1 Selections Meeting

Sign-off on redline floorplan Buyer receives copies of floorplan

and electrical plan Initial electrical & low voltage plan Majority of selections finalized Upgrades paid in full

Year-End Warranty Service Period 30-Day Repair Service Period Closing

Staking Digging Grading

Warranty Phase

Pre-Construction Phase

Construction Phase

Phase 2 Selections Meeting

Finalization of flooring, window blinds, countertop, electrical and low voltage selections

Pricing done via change order Upgrades paid in full

Final Walkthrough

Scheduled appointment - site specific Final review of home, materials and systems for

homeowner acceptance and orientation Any outstanding items added to the final punch

list for completion following closing

Plumbing Permit Processing

Electrical Wall

Insulation Siding Drywall

Gutters Attic

Insulation

Paint Cabinetry

Flatwork Vinyl

Heating

Carpet Doors Trim

Landscape

Inspection Final

Details

Cleaning Closing

Detail of Change Order Process

Pricing

Buyer accepts, payment collected

Buyer declines

Project Manager

implements

Selections Coordinator prepares CO

Construction Manager reviews

Declined

Selections Coordinator

reviews with Buyer

Rev. 6.22.17

Maintenance Responsibilities• Underground utilities / appurtenances outside lot boundaries - common areas, public easements

sewer - main lines, manholes Association / Citywater - lines, valves, hydrants Association / City

• Underground utilities / appurtenances within lot boundary

franchise utilities - electric, natural gas, cable, phone, etc. Homeownersewer - lines, cleanouts Homeownerwater - domestic / irrigation lines and valves Homeowner

• Stormwater drainage

within common areas - main lines, catch basins, culverts Associationwithin public easements - main lines, catch basins, culverts Association / Cityacross lots, benefiting multiple lots - main lines, catch basins, culverts Homeowner / Associationwithin lot boundary, benefiting one lot - gutters, downspouts, underground pipes, curtain drains, footing drains, yard drains Homeowner

• Landscaping and grounds - lawns, trees, plants, ground cover, bark

common areas, parks, buffers, greenbelts, conservation open spaces Association• Trees

street trees & mature tree preservation Homeowner• Landscaping within lot boundary

replacement of bark & plants Homeowner• Landscaping within lot boundary & public right-of-ways in front of lot

mowing, edging, trimming & weed pulling Homeowner• Fencing

between lot and common areas, roads or off-site properties Homeownerrear property line & between lots Homeowner

• Equipment / amenities within common areas

mailboxes, benches, trashcans, playground equipment Associationsigns, trellises, decorative treatments, gazebos, structures installed for community benefit Association

• Exterior of homes

siding, trim, caulking, paint Homeownerhardscape, walkways, patios Homeowner

Rev 4.6.18 03 Utility & Comm Svcs - 48N rev. 4.6.18

Utility and Community Services

48°North – Anacortes

Gas Cascade Natural Gas 888-522-1130

Water / Sewer / Garbage / Recycling / Yard Waste City of Anacortes 360-293-1909

Electricity Puget Sound Energy 888-225-5773

Post Office 519 Commercial Avenue Anacortes, WA 98221 Local: 360-299-6689 Toll-free: 800-275-8777

Cable / Telephone / Internet Comcast 877-824-2288

Telephone (alternate) Verizon Northwest 800-483-1000

Association Management A’Town Community Management Shelly Parfitt 360-757-4904 [email protected] PO Box 1036 Anacortes, WA 98221 The 48°North Community Association is responsible for the maintenance of the common areas and elements of your community.

Emergency Service Following is a list of emergency phone numbers for critical trade contractors who might be needed after hours or on weekends. Please note that these numbers are for emergency use only. Should you contact these contractors directly during normal hours or for non-emergency service, you will be charged a service fee.

Heating Baron Heating 800-328-7774 Plumbing Absolute Plumbing 360-855-5070 Electrical Meridian Center Electric (MCE) 360-202-7773

Warranty 1. Mike Lynch 360-661-0093 2. Dave Norman 360-661-3272 3. Art Shaw 425-766-9388


Building Homes & Communities Since 1979 • LandedGentry.com • (877) 769-8070

Community Association

l~~J~j~~i~j~~~J~l~~~~~~~~I Skagit County Auditor

7/14/2017 Page

,, .. , .. I'··-""';,·:,:: __ ,,-,.;,,'~:-\.

1 of $75.00

3 2:57PM

TITLE OF DOC~~~i,:: FIRST AMENDMENT TO DECLARATION OFCOVENANTSFOR48NORTHPUD

AF# OF AFFECTED DQ1cl!JV!)j;J•ff~ AF# 2017 05020029 GRANTOR: GRANTEE:

48 NORTH ANACORTES, L.L.C. THE GENERAL PUBLIC

FIRST AMENI>)IEN'J:' J.Q DECLARATION OF COVENANTS . . k'.OR 48 NORTH PUD

Land Tille and Escrow

PURP0~;:·~666~C!f TECHNICAL ERRORS

TIDS AMENDMENT is made t~s /~q IA day~~- ... _J' ~\L , 2017, by 48 NORTH ANACORTES, L.L.C., a Washington Limited Liability (,OllJp!lllY ("Successor Declarant") .

. ,__ ,.,...-.-· _/

WHEREAS, a certain Plat Map establishi~~4§:~9~IiPlJv was recorded among the land records of Skagit County, Washington, at Auditor's,. file Np./201705020028, along with a Declaration of Covenants (the Declaration) benefitting an~~cl~ng!lll the Lots in the 48 North PUD Community, which Declaration was recorded at A.udi~or'..sFile\No. 201705020029; the Declaration has not been previously amended; · · ··

,._ '• i

WHEREAS, pursuant to 17.3 of the Declaration, the S~~~;;tJ~-~~~;~ant may unilaterally amend the Declaration of Covenants from time to time; and

WHEREAS, the Declaration contained certain technical err~;~:j~-~~4~;iv1, including incomplete and incorrect references, respectively, to certain recorded docUI11,jlrits" j.!'§seriJ1e.d therein;

WHEREAS, the Successor Declarant now wishes to correct such tec~~~t:~~~~s'.:· NOW, THEREFORE, pursuant to and in compliance with Section 17.3 o~th~~~~i~~~{9'Q,

the Successor Declarant hereby amends the following Sections of the Declaration, as"{91l9)l>'s.~. ·

1

16.2.3. Covenant for Upkeep of Private Drainage Facilities. [AF# corrected]

c:':::;'.:'.,/:'.' Lots 2, 3, 4, 18, 19, 20, 21, 27, 28, 29 & 30, and Tracts A and B, respectively, are 'edb~.t:!iiv~te drainage lines located within private storm drainage easements depicted on the Plat ~Ill', as ?ei;cribed in Section 4. 7 hereof. Provisions for joint use and joint maintenance of such 'Fn~9'!!''l)tea;i, to assure their perpetual maintenance, repair and replacement at the sole cost of such\1'!!!~, .. a~JJe,ar in an instrument recorded at Auditor's File No. 201706020017, Records of Skagit CollJ.l~, ... \Xasl:\il)gton (the "Joint Maintenance Covenant"). In the event that the owners of such Lots faff to a<jhe1}t9 maintenance standards established in the Joint Maintenance Covenant, the Association m!l~'/:trr'thy event that such Owners fail to properly perform such Upkeep, the Association is a(jJJr~z~'ibtreat such pipes and the easement areas within which they are constructed as LimitedCp.rnPion Areas, and perform any necessary Upkeep on behalf of such Owners; any and allposts)>oi~c~ed by the Association shall constitute Specially Allocated Assessments against suth,.fyts, as,p;rovided in Section 10.1.7 hereof.

--'-~ ********** ---· ,-'-'

16.5.2. Covenarii .. AffectingParcel to North. [AF# completed]

A Parcel of real ;~~;~?'(§~~git,county Tax Parcel No. P31586] lying northerly of Oakes Avenue [the "Northerly Parc~l"]J··P!~ently owned by Channel Crossing Limited Liability Company, is subject to the terms of a c;;oylmant [the "Channel Crossing Covenant"] recorded at Auditor's File No.U>l7i"707DIDO, R~cp.rds of Sk~git County, Washington. The Channel Crossing Covenant contains provisions tlfat restge,t:.!11~ maximum height of buildings and vegetation within the Northerly Parcel for the PJ,!l'B,OSe of,Pfotecting territorial views to the North available to Occupants of the Community; suchpf?~~io9s shall be deemed incorporated herein by this reference, and may be enforced by individuaLL?t f)'.IY~s or by the Association on their behalf, as provided in the Channel Crossing Covenant :in<} ill Seo,:ti,on 7 .2.1 hereof.

* * * * * * * * * * ::·::.,: \\: EXCEPT as modified by this Amendment, all of i,~e t~rr:i~··~d proV1s1ons of the

Declaration of Covenants are hereby expressly ratified and confirmoo ... ~~shall ~~ain in full force and effect so as to benefit, burden, bind and run with the land with r~spect t9 .. aJlof the Lots in the Subdivision.

I I I

IN WITNESS WHEREOF, the Successor Declarant has caused this Arner!@1er~ttpr executed as of the date first written above.

2

STATE OF WASHINGTON

COUNTY OF SKAGIT

2017.

SUCCESSOR DECLARANT: 48 NORTH ANACORTES, L.L.C.

By Kendra Decker, its Manager

I hereby certify that I kno::;~~ve~~:~fli~tory evidence that KENDRA DECKER is the person who appeared before me, and said persoft.,ac~t9)vledged that he signed this instrument, on oath stated that he was authorized to execute the instru~n\ and acknowledged it as the Manager of the Successor Declarant, 48 NORTH ANACORTES, L.L.C.,\p be the frex and voluntary act of such party for the uses and purposes mentioned in the instrument. · ·

DATED: -~J~u.~r./~£_:<._9_Jf. __ , ___ , 2017.

Notary Public State ofWashingtoa

DIANA K WHITNEY MY COMMISSION EXPIRES

May 15, 2021

3

NO';\'A!l''l:'.:PtJB~i~ for the State of Washington Residing.at.,..@~··· ."-'/~w=· ,,.. •.. ··~·. ----~--My Conuajs'lf6n exp~s !5Mfl'ifla:<I

AFTER RECORDING, RETURN TO: Hugh Lewis, Attorney at Law, P .C. 2200 Rimland Drive, Suite 115 Bellingham, WA 98226

(360) 392-2880

1111111111111111111111111111111111~ m11111111111111111111111111111 201705020029

Skagit County Auditor $111.00

3911:41AM

DECLARATION OF

5/2/2017 Page 1 of

COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS FOR

48NORTHPUD

TITLE OF DOCUMENT:

GRANT OR: GRANTEE: ABBREV. LEGAL DESCRIPTION:

FULL LEGALS APPEAR: TAX PARCEL NOS.:

DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS FOR 48 NORTHPUD 48 NORTH ON FIDALGO ISLAND, L.L.C. THE GENERAL PUBLIC LOTS 1-30 & TRACTS A, B & C, 48 NORTH PLAT & PUD, AF# a-011 05 oa DO;:;/B P. I P31681/350122-4-004-0000

©2017 Hugh Lewis Attorney at Law, P.C. 4-21-17

TABLE OF CONTENTS

ARTICLE I - IDENTIFICATION OF DECLARANT AND PROPERTY; PURPOSE ................... . 1.1. Identification of Declarant and Property... . . . . . . . . . . . . . . . . . . . . . . . . .......... . 1.2. Identification of Platting Documents, Community & Property Burdened by Covenants ... .

1.2. 1. Platting Documents. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ...... . 1.2.2. Legal Description of Land Burdened by Covenants. . . . ............. . 1.2.3. Identification of the Community. . . ..................... .

l.3. Purpose.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ............. .

ARTICLE 11 - DEFINITIONS ...................... . 2

ARTICLE Ill - DESCRIPTION OF DEVELOPMENT PLAN AND AMENITIES .... . 4 3.1. Development Plan .............................................................. 4 3.2. Location and Amenities.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 3.3. Municipal Services ............................ . 5

5 3.4. Community Association Provides Upkeep to Common Areas ...... .

ARTICLE IV - RESIDENTIAL LOTS.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 4.1. Number and Location.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 4.2. Initial Construction of Dwellings and Other hnprovemcnts Within Lots............ 6 4.3. Limitations on Construction Within Easements.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 4.4. Upkeep of Lots.................. . . . . . . . . . . . . . . . . . . . . . . . 6 4.5. Damaged Improvements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ........... 6 4.6. View Protection Covenants Affecting Construction, Trees and Vegetation. . . . . . . . . . . . . . . . 6

4.6.1. Restrictions on Siting and Height of Improvements Within Lots.. . . . . . . . . . . . . . 6 4.6.2. Restrictions on Height of Trees and Vegetation Within Lots................... 7 4.6.3. Compliance....................... . . . . . . . . . . . . . . . . . . . . . 7

4. 7. Upkeep of Shared Private Drainage Facilities.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

ARTICLE V - COMMON AREAS.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 5.1. Common Areas. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ........ 8 5.2. No Interference with Common Areas.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 5.3. Maintenance, Repair and Replacement - General Provisions............................ 8 5.4. Upkeep of Principal Common Amenities By Association.. . . . . . . . . . . . ........... 8 5.5. Schedules for Preventative Maintenance ........................................ . 9 5.6. Trees and Vegetation in Common Areas., ........................................... 9

5.6.1. Height Limitations.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 5.6.2. City Requirements.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

5.7. Perpetual Existence - Rights of The City of Anacortes... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

ARTICLE VI - SPECIAL USE AND UPKEEP PROVISIONS.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 6.1. Use and Upkeep of Community Park.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 0

6.1.1. UseofCommunityPark-TractC .......................................... 10 6.1.2. Upkeep of Community Park Area.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 0

6.2. Upkeep of Rain Garden Facility.................................................. 10 6.3. Upkeep of Retaining Walls... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 0

ARTICLE VII - OWNERS ASSOCIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 7.1. Name and Form of Association ............... , . . . . . . . . .... , ................... 11 7 .2. Powers & Duties of Association... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

7.2.1. Duties &Responsibilityof Association ...................................... 11 7.2.2. SlatutoryPowersExercisedbyBoardofDirectors................. 11

7 .3. Lapse of Corporate Status - Personal Lot-Owner Liability Created. . . . . . . . . . . . . . 11

7.4. 7.5.

7 .3 .1. Association Must Remain Incorporated ................. , . 7.3.2. Incorporation Protects Owners - Owners Personally Liable Upon Abandonn1ent.. Membership and Voting Rights. . . ....... . Bylaws of Association ........................ .

11 11 12 12

ARTICLE VIII - MANAGEMENT OF ASSOCIATION.......................... 12 8.1. Management by Declarant.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 8.2. Authority of the Board......................... . . .. . .. . .. . .. . .. .. . 12

8.2.1. General Authority... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 8.2.2. Incurring and Payment of Common Expenses.......... . .................. 12 8.2.3. Acquisition of Property.. .. .. .. .. .. .. .. .. . .. .. .. .. .. .. .. . 13 8.2.4. No Business Authority........ 13

8.3. Board as Attorney in Fact. . . 13

ARTICLE IX - PERMITTED USES.. . . . . ....... . 13 13 13

9.1. Pern1itted Uses.. . . . . ....... . 9.1.1. Residential Use ................................................ . 9.1.2. 9.1.3. 9.1.4. 9.1.5. 9.1.6. 9.1.7. 9.1.8. 9.1.9. 9.1.10. 9.1.11.

Use of Common Areas - General Provisions .................................. 13 Trees and Vegetation - General Require1nents ..................... . Trees and Vegetation - City Requirements. . . . ......... . Surface Water Run-Off ................... . Noise, Offensive or Illegal Activity.. . . . . . . . ...... . Perimeter and Privacy Fencing. . . . . . . . . . . . . . . .......... . Vehicle Operation and Parking Restrictions ......................... .

14 14 14 14 14 15

Signs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Underground Utilities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Uses by Declarant. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

ARTICLE X - ASSESSMENTS AND LIENS FOR COMMON EXPENSES................... 16 10.1. Assessments for Common Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

10.2.

10.3. 10.4. 10.5. 10.6. 10.7. 10.8. 10.9.

10.10.

10.1.1. Liability of Lots.. .. . .. . .. . .. . .. . . . . . .. . .. .. . . .. . . .. . .. . .. . .. . .. . .. . 16 10.1.2. Assessment of Undeveloped Lots. . . . . . . . . . . . . . . . . . . . . . . . 16 10.1.3. Initial Assessment Deposits - New Owners Fee...................... 16 10.1.4. Transfer Fees on Resales.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 10.1.5. Timing of Payments.................... . .. . .. . . .. . .. . .. . .. 17 10.1.6. Special Assessments ..................................................... 17 10.1.7. Specially Allocated Assessments ........................................... 17 10.1.8. Owners Personally Liable for Common Expenses .................... , , . . . . . . . . l 8 Annual Budget - Development and Ratification. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 10.2.1. Budget for Common Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 10.2.2. Meeting of Association to Ratify Budget. ................................... 18 Liability Following Conveyance of Lot.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Lien for Assessments ... , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Perfection of Lien.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Priority of Lien ..................................................... · · · · · · · · · · · Enforcement of Lien ........................................................... . Limitation of Lien Enforcement. .................... , ................ . Rent Subject to Lien for Assessments- Other Remedies for Nonpayment. ..... . 10.9.1. Rent Payable to Association Upon Default of Owner.. . ........... .

19 20 20 20 20

10.9.2. Association Entitled to Appointment of Receiver ....................... , ...... 20 Remedies Cumulative. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21

ARTICLE XI - INSURANCE MATTERS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21

(iii)

11.1. 11.2. 11.3.

Association's Coverage ... Deductible ... Insurance for Lot Owners.

. . . . . . . . . . . 21 21 21

ARTICLE XII - CONDEMNATION .......... . 21

ARTICLE XIII - COMPLIANCE WITH LAW AND COVENANTS ................ . 22 13.1. Co1npliance by Owners and Occupants. . . . . . . . . . . . . . . . . . ...... . 22

22 13.2. Enforcement by Association......................... . ....... . 13 .3. Legal Proceedings. . . . . . . . . . . . . . . . . . . . . . . . . . . ............ . 22

22 13 .4. Costs and Attorney's Fees .. ............................... . 13.5. Late Charges and Interest.. . . . . . . . . . . . . . . . . . . ........... 22 13.6. No Waiver of Rights.......................... . . . . . . . . . 23 13.7. Remedies Cumulative............... . . . . . . . . . . ....................... 23

ARTICLE XIV - LIMITATION OF LIABILITY...... . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 14.1. Association Not a Guarantor- No Liability for Equipment Failure, Etc... 23 14.2. No Bailment................. . ............................................. 23

ARTICLE XV - MORTGAGEE PROTECTION ........... . . ............................... 24

ARTICLE XVI - EASEMENTS AND SPECIAL DECLARANT RIGHTS.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 16.1. Easements for Lots, Lot Owners, Declarant and Association Functions. . . . . . . . . . . . . . . . . . . . 24

16.1.1. Easements for Lots and Lot Owners. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24

16.2.

16.3. 16.4. 16.5.

16.6.

16.1.2. Easements for Declarant. . . . . . . . . . . . . . . . . . . . . . . . 24 16.1.3. Easements for Association Functions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Easements Shown on PUD Plat. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 16.2. 1. General Provisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 16.2.2. Easement across Lot 30 for Retaining Wall. ................................. 25 16.2.3. CovenantforUpkecpofPrivateDrainageFacilities .... ....................... 25 Easement for Utilities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Avigation Easement........................ . ............................... . View Covenants Affecting Nearby and Adjoining Properties. . . . . . . . ............ . 16.5.1. Covenant Affecting Felt Property to West Protects Lots 16 - 20 ........ . 16.5.2. Covenant Affecting Parcel to North ....................................... . Special Declarant Rights . ....................................... , ..... . 16.6.1. Reservation .......................................................... . 16.6.2. Status of Special Declarant Rights ........................................ . 16.6.3. Automatic Assignment Upon Sale of Lots in Bulk . ........................... .

25 26 26 26 26 26 27 27

ARTICLE XVII - AMENDMENT OF DECLARATION OF COVENANTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 17.1. Procedure for Amendment of Declaration of Covenants.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 17.2. Recordation Required........................................................ 27 17.3. Amendments by Declarant.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28

ARTICLE XVIII - MISCELLANEOUS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 18.1. Notices for All Purposes, Delivery. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 18.2. Severability .................................................................. 28 18.3. No Right of First Refusal.. ...................................................... 28 18.4. Effective Date. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28

EXHIBIT "A" - LANDSCAPE PLAN. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 EXHIBIT "B" - STORMWATER SYSTEM MAINTENANCE MANUAL. ............................ 31

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ARTICLE I

IDENTIFICATION OF DECLARANT AND PROPERTY; PURPOSE

1.1. Identification of Declarant and Property.

48 NORTH ON FIDALGO ISLAND, L.L.C., a Washington Limited Liability Company hereinafter referred to as the "Declarant," is the owner in fee simple of certain land in the City of Anacortes more particnlarly described in Section 1.2 hereof, together with all improvements, easements, rights and appnrtenances thereunto belonging (all collectively referred to hereinafter as "the Property").

1.2. Identification of Platting Documents, Conununity & Property Burdened by Covenants.

1.2.1. Platting Documents.

The Declarant has recorded with the Auditor of Skagit County, Washington a certain subdivision plat map showing the location and dimensions of various lots and/or tracts and Common Areas within the Property, together with other necessary information; this plat map is hereinafter referred to as the "PUD Plat"; the PUD Plat is recorded at Auditor's File No . .;).I:>\ J c>5 0 a DD;J,.8 .

1.2.2. Legal Description of Land Bnrdened by Covenants.

The land bnrdened by this Declaration of Covenants includes the Lots and Tracts included in the PUD Plat described above; the land included within the PUD Plat is legally described as follows:

Lots 1 through 30, inclusive, and Tracts A, B & C, 48 North Plat & PUD, as per the map thereof recorded 1'\1\11.~ 2 M , 2017 under Auditor's File No.

,;)D/7 t>5 Ot:l 00.1.5, records of kagit County, Washington.

1.2.3. Identification of the Community.

All such Lots and Tracts, and any other Common Areas identified in the PUD Plat shall be known collectively as the "Community" which also shall be known as "48 North PUD." Tract A will be dedicated to the City of Anacortes, but will be maintained by the 48 North Association described in Section 7 .1 hereof, as hereinafter provided.

1.3. Purpose.

This Declaration of Covenants, together with the PUD Plat referred to herein, state covenants, conditions, restrictions and reservations intended by the Declarant to effect a common plan for the development of the Property mutually beneficial to all of the described Lots. These

covenants, conditions, restrictions, reservations and plan are intended to become, and by the recordation of this instrument shall be conclusively deemed to be legal and equitable servitudes which shall run with the land of the Property and shall be binding upon the entire Property and upon each such Lot therein as a parcel of realty, and upon its Owners, their family members, their heirs, personal representatives, successors and assigns, and their tenants, licensees and other lawful Occupants, through all successive transfers of all or part of the Property or any security interest therein, without requirement of further specific reference or inclusion in deeds, contracts or security instruments, and regardless of any subsequent forfeiture, foreclosures, or sales of Lots under security instruments, or of any forfeiture, foreclosures, or sales instituted for nonpayment of government tax, levy or assessment of any kind.

ARTICLE II

DEFINITIONS

2.1. "Assessment" means all sums chargeable by the Association against a Lot including, without limitation: (a) Regular, Special and Specially Allocated Assessments for Common Expenses imposed by the Association; (b) interest and late charges on any delinquent account; and ( c) all costs of collection, including without limitation reasonable attorneys' fees, incurred by the Association in connection with the collection of a delinquent Owner's account.

2.2. "Association" or "Owners Association" means the nonprofit corporation described in Article VII, to be incorporated at the direction of the Declarant to manage the Common Areas of this Community and enforce the provisions of the Governing Documents.

2.3. "Board of Directors" means the body with primary authority to manage the affairs of the Association.

2.4. "Common Areas" means those portions of the property within the Community so designated on the PUD Plat, along with any other real property owned by the Association or for which the Association has maintenance responsibilities under this Declaration of Covenants. Common Areas arc further defined and described in Article V hereof.

2.5. "Common Expenses" means expenditures made by or financial liabilities of the Association, together with any allocations to reserves; without limitation, such expenses include those necessary or desirable for maintaining, repairing, replacing, insuring or managing the Common Areas, along with taxes, other insurance, professional services and all other goods and services provided by the Association to its members.

2.6. "Common Expense liability" means the Lot's proportionate share of the Association's Budget for Common Expenses, which is allocated to each Lot pursuant to Section 10.1 of this Declaration of Covenants.

2

2. 7. "Community" means all the Property described in Section 1.2 hereof, along with all the improvements constructed therein, the Association, and all other institutions and things serving the Owners of Lots therein.

2.8. "Conveyance" means any transfer of the ownership of a Lot, including a transfer by deed or by real estate contract, but shall not include a transfer solely for security.

2.9. "Declarant" means the entity, person or group of persons acting in concert who (a) executes this Declaration of Covenants, or (b) who succeeds to any Special Declarant Right under this Declaration of Covenants as a Successor Declarant.

2.10. "Declarant control" means the right of the Declarant or persons designated by the Declarant to appoint and remove officers and members of the Board of Directors or to veto or approve a proposed action of the Board or Association pursuant to Sections 8.1 and 16.6 of this Declaration of Covenants.

2.11. "Declaration of Covenants" means this document, which facilitates the creation of this Community; the term also includes any lawful amendments to this document.

2.12. "Development Plan" means any formal plan of development, however termed under the PUD Ordinance described in Section 3.1 hereof, approved by the City of Anacortes. The term also includes any amendments thereto approved by applicable governmental entities.

2.13. "Dwelling" means the principal housing structure constructed on a Lot by or under the direction of the Declarant.

2.14. "Foreclosure" means a forfeiture or judicial or nonjudicial foreclosure of a mortgage or a deed in lieu thereof.

2.15. "Governing Documents" means this Declaration of Covenants, the PUD Plat, the Articles of Incorporation and Bylaws of the Association, along with any Rules and Regulations adopted by the Board of Directors.

2.16. "Governing Law" means the Washington Homeowners Association Act (Chapter 64.38 RCW, the "Act") or any successor statute, and any amendments thereto.

2.17. "Limited Common Area" means a portion of the Common Areas which is designed to serve one or more but fewer than all the Lots in the Community. The costs of Upkeep to a Limited Common Area are to be borne exclusively by the Owners of the Lot(s) served by such Limited Common Area, pursuant to Section 10.1. 7 hereof.

2.18. "Lot" means a physical portion of the Community designated for separate ownership, the boundaries of which are depicted on the PUD Plat.

3

2.19. "Lot Owner" means the Declarant or any other person who owns a Lot, but does not include a person who has an interest in a Lot solely as security for an obligation. "Lot Owner" means the vendee, not the vendor, of a Lot under a real estate contract.

2.20. "Mortgage" means a mortgage, deed of trust or real estate contract.

2.21. "Person" means a natural person, corporation, partnership, limited partnership, trust, governmental Community or agency, or other legal entity.

2.22. "Property" or "the Property" means all the real property described as being contained within the PUD Plat and, where appropriate, includes all real property which may be from time to time either added to the Community by the Declarant or acquired by the Association pursuant to Section 8.2.3 hereof.

2.23. "Residential purposes" means use for dwelling and human habitation, whether on an ownership, rental or lease basis and for reasonable social, recreational or other uses normally incident to such purposes.

2.24. "Special Declarant Rights" means rights reserved for the benefit of the Declarant: (a) to complete improvements indicated on the PUD Plat; (b) to maintain sales offices, management offices, signs advertising the Community, and models; ( c) to use easements through the Common Areas for the purpose of making improvements within the Community; ( d) to appoint or remove any officer of the Association or any member of the Board of Directors; or ( e) to veto or approve a proposed action of the Board or Association during any period of Declarant Control reserved in this Declaration of Covenants. Special Declarant Rights are described in Section 16.6 hereof.

2.25. "Specially Allocated Assessment" means an assessment made by the Association against one or more but fewer than all of the Lots pursuant to Section 10.1.7 of this Declaration of Covenants.

2.26. "Upkeep" means any care, inspection, maintenance, operation, repair, repainting, remodeling, restoration, improvement, renovation, alteration, replacement and reconstruction that is required to maintain property in a decent, safe and sanitary condition, in keeping with the high standards of the Community.

ARTICLE III

DESCRIPTION OF DEVELOPMENT PLAN AND AMENITIES

3 .1. Development Plan.

The Lots in this Community were authorized to be created by the City of Anacortes under Chapter 16.40, Anacortes City's Municipal Code [the "PUD Ordinance"], subject to certain conditions established in City of Anacortes File No. PUD-2015-0003. Such conditions appear in full

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on the face of the PUD Plat, but several such conditions are reproduced in the text of the Covenants that follow.

3.2. Location and Amenities.

The Community is located on the south side of Oakes Avenue between the Felt Property described in Section 16.5 hereof and Eagle View Court. The Anacortes Airport abuts property within the Community to the east. A Community Park located within the Community near its entrance is designed to provide open space and recreational values to the Community. The project site is located on a hillside overlooking Guemes Channel; as a result, many of the Lots in the Community enjoy scenic views that these Covenants, and certain covenants burdening adjacent and nearby properties to the west and north, are designed to protect to some degree. See Sections 4.6, 5. 6 and 16. 5 for further detail.

3.3. Municipal Services.

The Lots in the Community are served by a public road known as Latitude Circle. Electric power is provided by Puget Sound Energy. Telecommunications facilities will be provided by Comcast/XFinity. Fire protection is provided by the City of Anacortes. Police protection is provided by the City. Water is supplied by the City. Sanitary sewerage services are also provided by the City. Stormwater collection and treatment are provided through a combination of a Rain Garden facility constructed within the Tract A Entry Feature adjoining the entrance to the Community, to be maintained by the Association, and conveyance facilities maintained by the City of Anacortes.

3.4. Community Association Provides Upkeep to Common Areas.

The Association described in Section 7. I hereof is charged with responsibility to provide Upkeep to the Community Park [Tract CJ two landscaped Entry Features [Tracts B and CJ and certain retaining walls in the Community, in perpetuity. Tract A, which will be dedicated to the City of Anacortes, contains a Rain Garden stormwater facility that must be specially maintained by the Association. See Sections 6.1, 6.2 and 6.3 hereof for further details.

ARTICLEN

RESIDENTIAL LOTS

4.1. Number and Location.

The Community contains thirty (30) Lots zoned for residential use that are depicted on the PUD Plat. The location of those Lots and their dimensions are shown on the PUD Plat.

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4.2. Initial Construction of Dwellings and Other Improvements Within Lots.

Dwellings and related improvements, including fencing and accessory structures, will be constructed within the Lots by or under the direction of the Declarant, according to a common design scheme established by the Declarant. Declarant shall have exclusive control of the design review process. No manufactured homes are permitted. Any addition, alteration or improvement upon any Lot shall be consistent with the Declarant' s original scheme, and shall be constructed in accordance with the building code and other ordinances of the City of Anacortes.

4.3. Limitations on Construction Within Easements.

No permanent building, deck or other structure shall be constructed within the easement areas on the Lots depicted on the PUD Plat. Note that the Avigation Easement described in Section 16.4 hereof also contains unique limitations on construction more fully described therein.

4.4. Upkeep of Lots.

Each Lot Owner, at his or her sole expense, shall have the right and the duty to keep the Lot, its Dwelling and all other improvements in good order, condition and repair and shall do all Upkeep, decorating, landscaping and painting at any time necessary to maintain its good appearance and condition. Each Owner shall perform this Upkeep responsibility in such manner as shall not unreasonably disturb other Occupants or interfere with rights of the other Owners.

4.5. Damaged Improvements.

If a Dwelling or other major improvement located upon a Lot is damaged or destroyed, the Owner thereof shall restore the site either (i) by repairing or reconstructing such building or improvement in a manner generally consistent with the architectural appearance of the structure prior to its loss or damage, or (ii) by clearing away the debris and restoring the site to an acceptable condition compatible with the remainder of the Property. Unless the Board of Directors permits a longer time period, such work must be commenced within four months after the casualty and be substantially completed within twelve months after the casualty. The four-month period may be extended for a reasonable period thereafter in the event that repairs or reconstruction have not commenced because of factors beyond the control of the Owner, provided that the Owner has exercised and does thereafter continue to exercise due diligence in commencing any required work.

4.6. View Protection Covenants Affecting Construction, Trees and Vegetation.

4.6.1. Restrictions on Siting and Height of Improvements Within Lots.

Scenic views available from most Lots shall be protected through the positioning of the Dwellings on the other Lots by the Declarant in locations that minimize the impactofconstructed improvements within the Community on views available to Lots lying further uphill, and by restricting the height of the Dwellings and other improvements within the Lots. The Declarant' s

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decisions in regard to the siting of Dwellings and placing limits on the height of Dwellings and other structures within a Lot shall be conclusive and not appealable. The locations of improvements and any height limitations approved by the Declarant and incorporated into initial construction of Dwellings and other structures may not be altered by an Owner following the initial construction of improvements within a Lot that interferes with scenic views from other Lots, in the absence of the advance written consent of all affected Lot Owners. Notwithstanding the foregoing, these Covenants do not affect the rear yard areas of Lots 4 through 17, except to the extent controlled by the Avigation Easement described in Section 16.4 hereof.

4.6.2. Restrictions on Height of Trees and Vegetation Within Lots.

Following the construction of a Dwelling structure on a Lot, its Owner(s) shall endeavor to preserve mature trees on the Lot and properly maintain any landscaping vegetation on the Lot, so as to enhance the appearance and value of the Lots in the Community and to prevent the spread of noxious weeds. Nevertheless, no trees or other landscape vegetation planted within the Lots [other than within the rear yards of Lots 4 through 17] shall be permitted to grow to a height greater than the ridge of the roof of the Dwelling on the Lot. See Section 9.1.4 for further details.

4.6.3. Compliance.

The provisions of this Section 4.6 shall be construed so as to be consistent with the terms of the Avigation Easement described in Section 16.4 hereof. Any violation of these provisions is expressly declared to be a nuisance. The Association and/or any affected party may maintain an action in a court of competent jurisdiction to abate or enjoin any such violation; the prevailing party in any such action shall be entitled to an award of attorneys' fees and costs.

4.7. Upkeep of Shared Private Drainage Facilities.

Lots 2, 3, 4, 18, 19, 20, 21, 27, 28, 29 & 30 are served by private drainage pipes located within private storm drainage easements depicted on the Plat Map. Under a separate Covenant described with greater particularity in Section 16.2.3 hereof, the Owners of said Lots are obligated to perform periodic Upkeep to such drainage pipes. In the event that such Owners fail to properly perform such Upkeep, the Association is authorized to treat such pipes and the easement areas within which they are constructed as Limited Common Areas, and perform any necessary Upkeep on behalf of such Owners; any and all costs so incurred by the Association shall constitute Specially Allocated Assessments against such Lots, as provided in Section 10.1. 7 hereof.

ARTICLE V

COMMON AREAS

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5 .1. Common Areas.

The Common Areas of the Community, to be maintained by the Association, consist of:

5.1.1. Entry Features within Tracts A and B on the PUD Plat, with associated retaining walls. The Entry Features consist oflandscaped areas located on either side of the entrance to the Community off of Oakes Avenue. Tract A will be dedicated to the City of Anacortes. Tract A contains a Rain Garden stormwater collection and treatment facility that requires periodic maintenance by the Association, as described more fully in Section 6.2 hereof. A common fence lies on the north property line of Tract B.

5.1.2. The Community Park [TractC on the PUD Plat) with an associated retaining wall. The Community Park is located across the road from the Entry Features; provisions for the use and Upkeep of the Community Park appear in Section 6.1 hereof.

5.1.3. Another retaining wall supporting Lot 30. Provisions for Upkeep ofretaining walls appear in Section 6. 3 hereof.

5.1.4. The mail kiosk near the entrance to the Community.

5.1.5. 1 O' storm drainage casements lying across many of the Lots, as described and depicted on the PUD Plat Map.

5.2. No Interference with Common Areas.

No Lot Owner or Occupant shall obstruct any of the Common Areas nor shall any Lot Owner place or cause or permit anything to be placed on or in any of the Common Areas without the approval of the Board. Nothing shall be altered or constructed in or removed from the Common Areas except with the prior written consent of the Board of Directors. See Article VI of this Declaration for further restrictions on uses of the Community Park and Entry Features.

5.3. Maintenance, Repair and Replacement - General Provisions.

The Association, through its Board of Directors, is and shall remain perpetually responsible for all Upkeep of all the Common Areas.

5.4. Upkeep of Principal Common Amenities By Association.

Provisions relating to Upkeep of the most important Common Areas, known as "Principal Common Amenities," appear in Article VI hereof.

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5.5. Schedules for Preventative Maintenance.

The Board, with the assistance of the Association's Manager and/or other competent professionals, shall develop a schedule ofroutine Preventative Maintenance for all components of the Common Areas which require same, establishing appropriate times during each year when such maintenance should occur, and identifying qualified employees, agents or contractors to conduct such inspections and Preventative Maintenance.

5.6. Trees and Vegetation in Common Areas.

5.6. l. Height Limitations.

Trees and vegetation located in the Common Areas shall be maintained by the Association such that they shall not be permitted to grow to heights that are greater than [a] a height which would interfere with scenic views available to any Lot in the Community, or [b] a height that would violate the provisions of the Avigation Easement described in Section 16.4 hereof. Presumptively, a maximum height of ten feet (10') would apply to any and all such trees and vegetation.

5.6.2. City Requirements.

Mature trees and new trees planted by or on behalf of the Declarant that are located within the Common Areas shall be preserved by the Association. Such trees are depicted schematically on the Landscape Plan attached hereto as Exhibit A. The Landscape Plan was approved by the City of Anacortes pursuant to Anacortes Municipal Code§ 16.50.050, as a condition to the platting and development of the Community. The Landscape Plan requires the preservation of certain existing trees and the planting of additional trees to meet the City's minimum vegetation requirements for new development, as described in a "Tree Preservation & Assessment Plan" prepared by Urban Forestry Services Inc., dated August 12, 2015. The City retains the right to enforce such requirements against the Association. Changes to the Landscape Plan, including the removal of trees depicted on the Landscape Plan, require the advance written approval of the City.

5.7. Perpetual Existence - Rights of The City of Anacortes.

The restrictions contained in this Article VI shall exist in perpetuity. No changes in the uses described herein for any of the Common Areas may occur without the advance written approval of the City of Anacortes. The City reserves the right to enter upon the Property to inspect the Rain Garden portions of the storm water system and to perform necessary maintenance thereto should the Association fail to do so, and recover the costs of such Upkeep from the Association.

ARTICLE VI

SPECIAL USE AND UPKEEP PROVISIONS

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6.1. Use and Upkeep of Community Park.

6.1.1. Use of Community Park- Tract C.

The Community Park is designed for low-impact recreational uses, and for the protection of trees and other vegetation, to preserve and enhance the aesthetic and environmental values of the Community. Owners and Occupants of the Community may use the walkway and other open portions of the Park for wildlife viewing, picnicking and other low-impact recreational uses. Reasonable rules and regulations adopted by the Board may further restrict the use of all or any portion of the Park in order to promote its open space value to the Community. The dumping of debris, yard waste or organic matter in this area is prohibited.

6.1.2. Upkeep of Community Park Area.

Open Space features and native vegetation shall be protected during construction. Where damage may occur due to construction actions, temporary fences shall be installed. Trees and vegetation damaged during construction shall be replaced. The height of trees and vegetation shall be maintained so as to be consistent with Section 5.6 hereof. Walking paths and other recreational features shall be properly maintained to promote uninterrupted long-term use of such facilities.

6.2. Upkeep of Rain Garden Facility.

In spite of the fact that Tract A will be dedicated to the City of Anacortes, all necessary Upkeep of the Rain Garden facility located within Tract A and any other portions of the Storm water System not maintained by the City of Anacortes shall be conducted by the Association in accordance with provisions of the Operations and Maintenance Manual prepared by Herrigstad Engineering, dated March, 2017, a copy of which is attached hereto as Exhibit "B," and otherwise in accordance with the DOE Stormwater Management Manual for Western Washington ["DOE Stormwater Manual"], as the same may be updated from time. The Association shall consistently engage the services of qualified personnel to perform Upkeep to the Stormwater System, and shall maintain provisions in its Budget to ensure that adequate funding shall always exist for such purposes.

6.3. Upkeep of Retaining Walls.

The retaining walls supporting the Entry Features, the Community Park and Lot 30 require periodic inspections to determine whether they require repairs or replacement. At least annually, the Association shall cause a visual inspection to be made of all such retaining walls. Any necessary Upkeep to such retaining walls shall be performed promptly. The retaining walls supporting the Entry Features in Tracts A and Bare located in part in portions of the right of way of Oakes Avenue and are subject to certain conditions appearing in an Encroachment Permit issued by the City of Anacortes. All such conditions are binding on the Association. The Association shall consistently engage the services of qualified personnel to perform Upkeep to the retaining walls, and shall maintain provisions in its Budget to ensure that adequate funding shall always exist for such purposes.

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ARTICLE VII

OWNERS ASSOCIATION

7. l. Name and Form of Association.

The name of the Association shall be the "48 North Association." The Association has been or will be incorporated by the Declarant as a non-profit corporation under the laws of the State of Washington. The rights and duties of the members and of said corporation shall be governed by its Articles of Incorporation, the provisions of the Ordinance and of the Governing Documents. The Association shall remain organized as a profit or nonprofit corporation. In case of any conflict between Chapter 24.06 RCW, the Nonprofit Miscellaneous and Mutual Corporations Act, and the Governing Law, the Governing Law shall control.

7.2. Powers & Duties of Association.

7.2.1. Duties & Responsibility of Association.

The business of the Association shall be to maintain, repair, replace and manage the Common Areas of the project, to provide necessary insurance coverage, and to enforce provisions of the Governing Documents to preserve the long-term value of the Property for the benefit of the Lot Owners. In particular but without limitation, the Association shall provide Upkeep to all the Common Areas in the Community, and shall have the authority to compel compliance with all the covenants, conditions and restrictions in the Governing Documents, including without limitation those which protect scenic views.

7.2.2. Statutory Powers Exercised by Board of Directors.

The Association, through its Board of Directors, shall have all powers available to homeowners' associations under the Governing Law. Such powers are set forth with particularity in the Bylaws of the Association.

7.3. Lapse of Corporate Status - Personal Lot-Owner Liability Created.

7.3.1. Association Must Remain Incorporated.

The Association shall have perpetual existence. The Lot Owners shall not permit its corporate charter to be dissolved or abandoned, nor may the Association's obligations under this Declaration of Covenants with respect to the Common Areas be altered or abandoned.

7.3.2. Incorporation Protects Owners - Owners Personally Liable Upon Abandonment.

Should the corporate charter for the Association be dissolved for any reason in violation of the foregoing, the Lot Owners shall become jointly and severally liable for all

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obligations imposed upon the Association under these Covenants. The corporate status of the Association exists to protect Lot Owners from personal liability, to the fullest extent provided by law.

7.4. Membership and Voting Rights.

The Owner of each Lot in the Community shall be a member of the Association, and such membership shall be an inseparable appurtenance to the Owner's Lot. Membership and voting rights are further specified in the Articles of Incorporation and Bylaws of the Association. Each Lot is entitled to one vote in the Association.

7.5. Bylaws of Association.

Bylaws for the administration of the Association and for other pnrposcs not inconsistent with the Homeowners Association Act and this Declaration of Covenants shall be adopted by the initial Board of Directors of the Association.

ARTICLE VIII

MANAGEMENT OF ASSOCIATION

8.1. Management by Declarant.

The Declarant has reserved Special Declarant Rights to (a) appoint and remove the Officers and members of the Board of Directors of the Association, and (b) veto or approve a proposed action of the Board or the Association, for a period of three (3) years, or until all Lots in the Community are sold to purchasers unrelated to the Declarant. See Section 16.6 for further details.

8.2. Authority of the Board.

8.2.1. General Authority.

The Board, for the benefit of the Community and the Owners, shall perform all Upkeep for the Common Areas, shall enforce the provisions of the Governing Documents and shall have all powers and authority granted to the Board or the Association under the Homeowners Association Act and this Declaration of Covenants which are not expressly subject to the approval of the Owners.

8.2.2. Incurring and Payment of Common Expenses.

The Board shall acquire and shall pay for, as Common Expenses, all goods and services deemed necessary or desirable for the proper functioning of the Association.

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8.2.3. Acquisition of Property.

The Board may acquire and hold in the name of the Association, for the benefit of the Owners, tangible and intangible personal property and real property and interests therein, and may dispose of the same by sale or otherwise. Such property shall thereafter be held, sold, leased, rented, mortgaged or otherwise dealt with for the benefit of the Association as the Board may direct.

8.2.4. No Business Authority.

Nothing herein contained shall be construed to give the Board authority to conduct an active business for profit on behalf of all of the Owners or any of them.

8.3. Board as Attorney in Fact.

Each Owner, by the act of becoming an Owner ofa Lot, shall be deemed to have irrevocably appointed the Board of Directors as his or her attorney-in-fact, with foll power of substitution, to take such actions as are reasonably necessary to perform the duties of the Association and Board hereunder, including, but not limited to, the duties to maintain, repair and improve the Property, to grant licenses and easements, and to secure and distribute condemnation awards and/or insurance proceeds affecting the Common Areas.

ARTICLE IX

PERMITTED USES

9.1. Permitted Uses.

9 .1.1. Residential Use.

The Lots in this Community are intended to be used for residential purposes, whether on an ownership, rental or lease basis and for common social, recreational or other reasonable uses normally incident to such purposes. Parts of a Dwelling may be used for a professional office or other low impact commercial use, provided that such use is consistent with all applicable laws, ordinances and regulations of any governmental authority, and so long as such use does not generate any appreciable levels of client or customer traffic, noise or other disturbance to other lawfnl Occupants of the Community.

9.1.2. Use of Common Areas - General Provisions.

The Common Areas shall be used only for the famishing of such services and facilities for which the same are reasonably suited and which are incident to the use and occupancy of the Lots. The improvements located on the Common Areas shall be used only for their intended purposes. Except as otherwise expressly provided in the Governing Documents or Rules and

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Regulations adopted by the Board, no Owner shall make any private, exclusive or proprietary use of any of the Common Areas.

9.1.3. Trees and Vegetation - General Reguirements.

Following the construction of a dwelling structure on a Lot, its Owner(s) shall use good faith efforts to preserve mature trees on the Lot and properly maintain any other landscaping vegetation on the Lot, so as to enhance the appearance and value of the Lots in the Community and to prevent the spread of noxious weeds. Nevertheless, the provisions of Sections 4.6 will limit the height of vegetation on many Lots in the Community.

9.1.4. Trees and Vegetation - City Requirements.

Mature trees and new trees planted by or on behalf of the Declarant that are located within Lots 4 through 17 shall be preserved by the Owners of such Lots. Such trees are depicted schematically on the Landscape Plan attached hereto as Exhibit A. The Landscape Plan was approved by the City of Anacortes, pursuant to Anacortes Municipal Code§ 16.50.050, as a condition to the platting and development of the Community. The Landscape Plan requires the preservation of existing trees and the planting of additional trees to meet the City's minimum vegetation requirements for new development, as described in a "Tree Preservation & Assessment Plan" prepared by Urban Forestry Services Inc., dated August 12, 2015. The City retains the right to enforce such requirements against any an all responsible parties. Changes to the Landscape Plan, including the removal of trees depicted on the Landscape Plan, require the advance written approval of the City.

9.1.5. Surface Water Run-Off.

No Lot shall be improved in such a way as to cause excess surface water run-off that may damage or inconvenience other Lots or contiguous properties or the owners thereof.

9.1.6. Noise, Offensive or lllegal Activity.

No person shall cause any unreasonably loud noise anywhere in the Community, nor shall any person permit or engage in any noxious, offensive or illegal activity, practice or behavior causing annoyance, discomfort or disturbance to any person lawfully present on any portion of the Property. Quiet hours shall be observed from 11 :00 p.m to 6:00 a.m., during which only minimal noise shall be permitted to emanate from any Lot.

9.1.7. Perimeter and Privacy Fencing.

Fences are permitted but must conform to the style installed by the Declarant, consistent with such further standards as required by the City of Anacortes. Any perimeter fencing installed by the Declarant shall be maintained in good condition by the abutting Lot Owners within the Community in a manner that preserves a common external appearance to the Community. Any

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privacy fencing installed by a Lot Owner shall be maintained in good condition by the abutting Lot Owners who, in absence of an agreement to the contrary between them, shall equally share the costs of any necessary Upkeep thereto.

9.1.8. Vehicle Operation and Parking Restrictions.

9.1.8.1. General Restrictions.

V chicle parking is permitted on portions of the Lot which have been improved for such purposes. A minimum of two off-street parking spaces is required per Lot, in addition to the garage structure within the Lot, which can be accomplished by using the driveway area in front of the garage associated with each Dwelling.

9.1.8.2. R.V. Parking.

Except has hereinafter provided, junk vehicles (as defined in RCW 46.55.010), Recreational Vehicles (including without limitation camper-trailers, mobile homes, motor homes, "fifth-wheels" off-road vehicles, boats, airplanes or etc.), large commercial-style vehicles (including without limitation trucks, tractors, large vans or other types of vehicles or equipment which either require a commercial vehicle operator's license or which exceed 8,000 lbs in gross vehicle weight) or any other type of vehicle or equipment which exceeds 24 feet in length may not be stored, kept or maintained anywhere within the Community. Nevertheless, a Recreational Vehicle may be maintained within a Lot, if it is fully enclosed within a garage or an approved accessory structure. The Board may require removal of any vehicle or equipment not authorized by this Section; if it is not so removed, the Board may cause its removal at the risk and expense of the owner thereof, under such reasonable procedures as may be consistent with the provisions of RCW 46.55. Failure of an Owner or other Occupant to remove such a vehicle or equipment from a Lot or the Common Areas may result in any or all remedies available to the Association under the Governing Documents. TI1e Board may adopt additional rules and regulations regarding parking and storage of Recreational Vehicles.

9.1.8.3. Power to Regulate Vehicle Speed and Operation.

The Board shall have the authority to regulate the speed and other aspects of vehicle operation on Latitude Circle, notwithstanding that Latitude Circle is a public street.

9 .1.9. Signs.

Initially, no other sign of any kind, shall be displayed to the public view on or from any Lot or the Common Areas withoutthe prior consent of the Board; provided that this section shall not apply to Declarant or Declarant's agents, nor shall it be deemed to prohibit the Owner of a Lot from displaying a sign for a period of time in which the Lot is for sale or rent. The Board may by resolution establish further policies regarding signs, to reflect the sentiments ofthe Community while giving due regard to traditional democratic rights of free speech, religion and expression of Persons

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owning or occupying Lots in the Community. The Board's judgment in such matters shall be conclusive, except to the extent governed by applicable state or federal law.

9.1.10. Underground Utilities.

All utilities are required to be located underground.

9.1.11. Uses byDeclarant.

Nothing in the Governing Documents shall be construed to prohibit the Declarant or its designees from using any Lot owned by the Declarant (or any other Lot with the permission of the Owner thereof) or any portion of the Common Areas for promotional, marketing, display or customer service purposes (such as a visitors' center) or for the closing of sales of Lots. Further, the Declarant specifically reserves the right to operate a construction office or a rental, brokerage and management office at any time on Lots owned or leased by the Declarant (or any other Lot with the permission of the Owner thereof) and on any portion of the Common Areas, to the extent permitted by law. The Declarant may assign its rights under this subsection to or share such rights with one or more other persons, exclusively, simultaneously or consecutively with respect to the Common Areas and Lots owned or leased by the Declarant or such persons.

ARTICLEX

ASSESSMENTS AND LIENS FOR COMMON EXPENSES

10.1. Assessments for Common Expenses.

I 0.1.1. Liability of Lots.

Except as provided in Sections I 0.1.2 and 10.1. 7 hereof, the total amount of the estimated funds required to pay the Common Expenses of the Association set forth in the Annual Budget adopted by the Board of Directors for the fiscal year shall be assessed equally against the Lots in the manner prescribed in Section I 0.2 hereof.

I 0.1.2. Assessment of Undeveloped Lots.

Until the Dwelling on a Lot is substantially completed and sold to a purchaser other than the Declarant, such Lot shall be subject to only 20% of the assessment liability allocated to a Lot containing completed improvements.

10.1.3. Initial Assessment Deposits - New Owners Fee.

An initial assessment deposit known as the "New Owners Fee," in the amount of $250.00, shall be payable to the Association by the purchaser of each Lot at the time of the Closing

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of the initial sale of the Lot from the Declarant; this initial New Owners Fee may be used by the Association to defray expenses in its operating budget or to fund the Association's reserves, at the discretion of the Board of Directors.

10.1.4. Transfer Fees on Resales.

A New Owners Fee equal to three (3) months' worth of the annual assessment against the Lot shall continne to be due and owing to the Association upon the transferoftitle of a Lot upon its resale to a subsequent purchaser. The Resale New Owners Fee shall be collected at the Closing of a Lot's resale in addition to any outstanding assessment obligations affecting the Lot, to fund the Association's reserves so as to enhance the Association's ability to maintain, repair, replace, manage and improve the Common Areas of the project, for the common benefit of all the Lot Owners.

10.1.5. Timing of Payments.

Until changed by resolution of the Board of Directors, the annual Assessment against each Lot for its share of the Common Expenses shall be due and payable on the first day of the month of February of each year. The Board may adopt further payment policies which permit payment in monthly or quarterly installments under conditions to be determined by the Board. Until changed by resolution of the Board of Directors, Assessments against each Lot for its share of the Common Expenses shall be due and payable on the first day of February of each year. The Board may adopt further payment policies which permit payment in installments under conditions to be determined by the Board.

10.1.6. Special Assessments.

The Board of Directors may levy a Special Assessment for the purpose of defraying the cost of any unexpected repair or other nonrecurring contingency, or to meet any other deficiencies in operations or reserves occurring from time to time, but by statute, the Budget Ratification process described in Section 10.2 must be undertaken by the Board with respect to any such Assessment.

10.1. 7. Specially Allocated Assessments.

If any Common Expense is caused by the negligence or misconduct of a Lot Owner, or ifthe Association provides Upkeep to a Lot, the Association may, subject to the provisions of the Bylaws, levy a Specially Allocated Assessment for that expense against the Owner's Lot; any other costs, fees, charges, or fines imposed or incurred by the Association associated with the Lot, including without limitation attorneys' fees and court costs associated with litigation involving protection of scenic views, along with any costs and/or attorney's fees recoverable under the Governing Documents, and interest on any delinquent account shall also be deemed Specially Allocated Assessments. Further, by resolution supported by a majority of all possible votes in the Association, the Association may require that any Common Expense or portion thereofbenefitting fewer than all of the Lots shall be assessed exclusively against the Lots benefitted.

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10.1.8. Owners Personally Liable for Common Expenses.

Each Assessment shall be the joint and several obligation of the Owner(s) of the Lot to which the same are assessed as of the time the Assessment is due. Suit to recover a personal judgment for any delinquent Assessment shall be maintainable in any court of competent jurisdiction without foreclosing or waiving the lien securing such sums. No Lot Owner may exempt himself or herself from liability with respect to the Common Expenses by waiver of the enjoyment of the right to use any of the Common Areas or by leasing, rental or abandonment of his or her Lot or otherwise. The failure or delay of the Board of Directors to adopt the Annual Budget for any year shall not constitute a waiver or release in any manner of a Lot Owner's obligation to pay his or her allocable share of the Common Expenses as herein provided, and in the absence of an Annual Budget or adjusted Annual Budget, each Owner shall continue to pay (with or without notice) an Assessment at the rate established for the preceding fiscal year until an Assessment is made under a current Annual Budget or adjusted Annual Budget and notice thereof has been sent to the Lot Owner.

10.2. Annual Budget - Development and Ratification.

10.2.1. Budget for Connnon Expenses.

Not less than 45 days prior to the Annual meeting of the Association, or at such other time as may be deemed necessary or desirable by the Association's accountant, the Board shall prepare an Annual Budget which shall estimate the Common Expenses, described generally in the Covenants, to be paid during such year. The Budget shall also contain provisions for creating, funding and maintaining reasonable reserves for capital improvements, major repairs and replacements of components of the project for which the Association is responsible, and the amount of any deductible under any insurance policy obtained by the Association. The Budget shall further take into account any expected income and any surplus available from the prior year's operating fund.

10.2.2. Meeting of Association to Ratify Budget.

Within thirty days after adoption of any proposed regular or special budget for the Association, the Board of Directors shall provide a summary of the budget to all the Lot Owners and shall set a date for a meeting of the Lot Owners to consider ratification of the budget not less than fourteen nor more than sixty days after mailing of the summary. Unless at that meeting the Owners of Lots to which a majority of the votes in the Association are allocated reject the budget, the budget is ratified, whether or not a quorum is present. In the event the proposed budget is rejected or the required notice is not given, the periodic budget last ratified by the Lot Owners shall be continued until such time as the Lot Owners ratify a subsequent budget proposed by the Board of Directors. Pursuant to RCW 64.38.025(3), this procedure shall be deemed to govern both general assessments and special assessments; this Section of these Covenants may not be amended without the advice of counsel, since its terms are controlled by law.

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10.3. Liability Following Conveyance of Lot.

A selling Lot Owner shall not be liable for the payment ofany part of the Common Expenses assessed against his or her Lot subsequent to a sale, transfer or other conveyance by him of such Lot. The purchaser of a Lot shall be jointly and severally liable with the selling Lot Owner for all unpaid Assessments against the Lot up to the time of the conveyance without prejudice to the purchaser's right to recover from the selling Lot Owner the amounts paid by the purchaser therefore. The holder of a mortgage or other purchaser of a Lot who obtains the right of possession of the Lot through foreclosure shall not be liable for Assessments that became due prior to such right of possession. Such unpaid Assessments shall be deemed to be Common Expenses collectible from all the Lot Owners, including such mortgagee or other purchaser of the Lot. Foreclosure of a mortgage does not relieve the prior Owner of personal liability for Assessments accruing against the Lot prior to the date of such sale as provided above.

10.4. Lien for Assessments.

The Association shall have a lien on a Lot for any unpaid Assessments levied against a Lot from the time the Assessment is due.

10.5. Perfection of Lien.

Recording of this Declaration of Covenants constitutes record notice and perfection of the lien for Assessments. While no further recording of any claim of lien for Assessments shall be required to perfect the Association's lien, the Association may record a notice of claim of lien for Assessments under this section in the real property records of the county in which the Community is located.

10.6. Priority of Lien.

10.6.1. A lien under this Section shall be prior to all other liens and encumbrances on a Lot except: (a) Liens and encumbrances recorded before the recording of the Declaration of Covenants; (b) a mortgage on the Lot recorded before the date on which the Assessment sought to be enforced became delinquent; and ( c) liens for real property taxes and other governmental assessments or charges against the Lot.

10.6.2. The Association's lien shall also be prior to the mortgages described in subpart (b) of Section 10.6.1 hereof, to the extent of the "priority amount," that is, an amount equal to ( 1) the Common Expense Assessments against the Lot, excluding any amounts for capital improvements, based on the periodic Budget adopted by the Association which would have become due in the absence of acceleration during the six months immediately preceding the institution of proceedings to foreclose either the Association's lien or a lien described in Subsection 10.6.l(b) hereof; and (2) the Association's actual costs and reasonable attorney's fees incurred in foreclosing its lien up to the time when any person pays to the Association the full priority amount described above, including the Association's attorneys' fees and costs. The term "institution of proceedings,"

19

as used herein, shall mean either: (i) the date of recording of a notice of trustee's sale by a deed of trust beneficiary; (ii) the date of commencement, pursuant to applicable court rules, of an action for judicial foreclosure either by the Association or by the holder ofa recorded mortgage; or (iii) the date of recording of a notice of intention to forfeit in a real estate contract forfeiture proceeding by the vendor under a real estate contract.

10.7. Enforcement of Lien.

The lien arising under this section shall be enforced judicially by the Association or its authorized representative in the manner set forth in chapter 61.12 RCW. The Association or its authorized representative shall have the power to purchase the Lot at the foreclosure sale and to acquire, hold, lease, mortgage, or convey the same. Upon an express waiver in the complaint of any right to a deficiency judgment in a judicial foreclosure action, the period ofredemption shall be eight months. The Association may elect to take a deed in lieu of foreclosure in any such proceeding.

10.8. Limitation of Lien Enforcement.

A lien for unpaid Assessments and the personal liability for payment thereof is extinguished unless proceedings to enforce the lien are instituted within six years after the amount of the Assessments sought to be recovered becomes due.

I 0.9. Rent Subject to Lien for Assessments- Other Remedies for Nonpayment.

10.9.1. Rent Payable to Association Upon Default of Owner.

If a Lot is rented or leased by its Owner, and if the Owner becomes delinquent in the payment of assessments for more than 90 days, the Association may collect the delinquent amount from the tenant, who shall pay over to the Association so much of the rent for such Lot as is required to pay such delinquency, plus interest, attorneys' fees and other costs of collection. In order to avail itself of the remedy contained in this Subsection, the Association shall first send a notice jointly to the Owner and the Tenant by First Class U.S. Mail, advising both parties [a] of the Owner's delinquency in assessments [b] of the tenant's obligations under this Subsection of the Declaration, and [ c] notifying both parties that if such delinquency is not cured within ten (I 0) days of mailing, the tenant must commence paying rent to the Association until the delinquency has been cured. The tenant shall not have the right to question payment to the Association, and such payment shall discharge both the tenant's duty to pay rent to the Lot Owner and the Lot Owner's obligation to pay assessments, pro tanto. The Association shall not resort to this remedy where a receiver has been appointed and is collecting such rents, as provided immediately below in Section 10.10.2.

10.9.2. Association Entitled to Appointment of Receiver.

From the time of commencement of an action by the Association to foreclose a lien for nonpayment of delinquent Assessments against a Lot that is not occupied by the Owner thereof, the Association shall be entitled to the appointment of a receiver to collect from the lessee thereof

20

the rent for the Lot as and when due. If the rent is not paid, the receiver may obtain possession of the Lot, refurbish it for rental up to a reasonable standard for rental Lots in this type of project, rent the Lot or permit its rental to others, and apply the rents first to the cost of the receivership and attorneys' fees thereof, then to the cost of refurbishing the Lot, then to applicable charges, then to costs, fees, and charges of the foreclosure action, and then to the payment of the delinquent Assessments. The exercise by the Association of the foregoing rights shall not affect the priority of preexisting liens on the Lot.

10.10. Remedies Cumulative.

The remedies provided are cumulative and the Board may pursue them concurrently, along with any other remedies which may be available under the law although not expressed herein.

ARTICLE XI

INSURANCE MATTERS

11.1. Association's Coverage.

The Board of Directors shall obtain and maintain liability insurance and, if necessary, property insurance, under such terms and for such amounts as shall be deemed necessary by the Board of Directors. Levels of coverage shall be determined annually by the Board of Directors with assistance from the agent of the insurance company affording such coverage

11.2. Deductible.

The deductible, if any, on any policy of insurance purchased by the Board of Directors, shall be paid by the Association as a Common Expense. Funds to cover the deductible should be included in the Association's operating reserve account.

11.3. Insurance for Lot Owners.

Each Lot Owner should obtain property and personal liability insurance covering the Dwelling and other insurable improvements on the Lot, and providing liability coverage for the Lot and any portions of the Common Areas not covered by the Association's insurance policy

ARTICLE XII

CONDEMNATION

In the event that Common Areas of the Community are become subject to eminent domain proceedings, the Association shall be a necessary party to such proceedings.

21

ARTICLE XIII

COMPLIANCE WITH LAW AND COVENANTS

13.1. Compliance by Owners and Occupants.

Each Owner and Occupant of a Lot shall comply strictly with the provisions of the Governing Documents. All remedies provided the Association in this Article may be enforced against any tenant or other Occupant of a Lot.

13.2. Enforcement by Association.

The Board of Directors shall have primary responsibility for maintaining and enforcing compliance with the covenants, conditions and restrictions contained in the Governing Documents.

13 .3. Legal Proceedings.

Failure to comply with any of the terms of the Governing Documents shall be grounds for legal relief, including without limitation, actions to recover any sums due for money damages, injunctive relief, foreclosure of the lien for payment of Assessments, or any combination thereof and any other relief afforded by a court of competent jurisdiction, all of which relief may be sought by the Association or, if appropriate, by any aggrieved Owner, and shall not constitute an election of remedies.

13.4. Costs and Attorney's Fees.

The Association shall be entitled to recover any costs and reasonable attorneys' fees incurred in connection with the collection of delinquent Assessments, whether or not such collection activities result in suit being commenced or prosecuted to judgment. In addition, the Association shall be entitled to recover costs and reasonable attorneys' fees if it prevails on appeal and in the enforcement of a judgment. In any other proceeding arising out of an alleged default by an Owner, the prevailing party shall be entitled to recover the costs of the proceeding, and such reasonable attorney's fees as may be determined by the court. In the event that the prevailing party is the Association, the costs and attorney's fees so awarded shall constitute a Special Assessment against the Owner's Lot.

13 .5. Late Charges and Interest.

The Board may impose and collect reasonable late charges to encourage prompt payment of Assessments. Until changed by resolution of the Board with advice of counsel, the Board may collect a late charge: (a) when any Assessment or installment thereofis received by the Association more than ten ( 10) days beyond the due date of such Assessment or installment; (b) in an amount not to exceed the greater of $25.00 or ten percent (10%) of the amount of said Assessment or installment. Delinquent Assessments shall bear interest from the date of delinquency at the rate of

22

12% per annum, or the maximum rate permitted under RCW 19.52.020 on the date on which the Assessments became delinquent.

13.6. No Waiver of Rights.

The failure of the Association, the Board of Directors or of an Owner to enforce any right, provision, covenant or condition which may be granted by the Governing Documents or the Act, shall not constitute a waiver of the right of the Association, the Board or the Owner to enforce such right, provision, covenant or condition in the future.

13. 7. Remedies Cumulative.

A suit to recover a money judgment for unpaid Assessments may be maintained without foreclosing or waiving the lien securing the same, and a foreclosure may be maintained notwithstanding the pendency of any suit to recover a money judgment. All rights, remedies and privileges granted to the Association, the Board of Directors or any Owner pursuant to any term, provision, covenant or condition of the Governing Documents or the Act shall be deemed to cumulative and the exercise of any one or more thereof shall not be deemed to constitute an election ofremedies, nor shall it preclude the party exercising the same from exercising such other privileges as may be granted to such party by the Governing Documents or the Act or at law or in equity.

ARTICLE XIV

LIMITATION OF LlABILITY

14.1. Association Not a Guarantor - No Liability for Equipment Failure, Etc.

Except to the extent covered by insurance obtained by the Board pursuant to Article XI, neither the Association nor the Board nor the Declarant shall be liable for any failure of any equipment or services obtained by the Board, or for injury or damage to person or property caused by the elements, or for inconvenience or discomfort resulting from any action taken to comply with any law, ordinance or orders of a governmental authority. No diminution or abatement of liability for Common Expense Assessments shall be claimed or allowed for any such injury or damage, or for such inconvenience or discomfort.

14.2. No Bailment.

Neither the Board of Directors, the Association, any Owner nor the Declarant shall be considered a bailee of any personal property stored or placed on the Common Areas (including property located in vehicles parked on the Common Areas), whether or not exclusive possession of the particular area is given to an Owner for parking or otherwise, nor shall they be responsible for the security of such personal property or for any loss or damage thereto, whether or not due to negligence, except to the extent covered by insurance in excess of any applicable deductible.

23

ARTICLE XV

MORTGAGEE PROTECTION

Any representative of a Mortgagee or the institutional insurer of any mortgage may attend and address any meeting which a Lot Owner may attend.

ARTICLE XVI

EASEMENTS AND SPECIAL DECLARANT RIGHTS

16.1. Easements for Lots, Lot Owners, Declarant and Association Functions.

16.1.1. Easements for Lots and Lot Owners.

Each Lot has an easement in and through each other Lot and the Common Areas for utilities and for lateral and/or subjacent support. Lot Owners in Good Standing, and their family members, guests and lawful tenants, have rights to use the Community Park and its any recreational facilities.

16.1.2. Easements for Declarant.

The Declarant reserves to itself and its any lawful successors an easement through the Common Areas for any and all activities necessary or desirable to complete the development of the Community or for exercising Special Declarant Rights.

16.1.3. Easements for Association Functions.

There is hereby granted and reserved to the Association, or its duly authorized agents and representatives, such easements as are necessary to perform the duties and obligations of the Association as are set forth in the Governing Documents.

16.2. Easements Shown on PUD Plat.

16.2.1. General Provisions.

Easements shown on the PUD Plat are hereby confirmed. Any easement shown on the PUD Plat which benefits one or more Lots in the Community, or which benefits any third parties or any real property not included within the Project, confers various rights and benefits upon such third parties or owner(s) of any such real property, and may also impose obligations upon the Association. Reference should be made to the PUD Plat.

24

16.2.2. Easement across Lot 30 for Retaining Wall.

A 5' wide easement across Lot 30 for the perpetual existence and Upkeep of a retaining wall supporting Lot 30 and the adjacent Community Park Tract C is depicted on Sheet 2 of the PUD Plat Map, and exists by virtue of Note 11 on Sheet 3 of the PUD Plat. The Association has responsibility for all such Upkeep, consistent with the provisions of Section 6.3 hereof.

16.2.3. Covenant for Upkeep of Private Drainage Facilities.

Lots 2, 3, 4, 18, 19, 20, 21, 27, 28, 29 & 30, and Tracts A and B, respectively, are served by private drainage lines located within private storm drainage easements depicted on the Plat Map, as described in Section 4. 7 hereof. Provisions for joint use and joint maintenance of such drainage areas, to assure their perpetual maintenance, repair and replacement at the sole cost of such owners, appear in an instrument recorded at Auditor's File No.JO II 0'500! ~8, Records of Skagit County, Washington (the "Joint Maintenance Covenant"). In the event that the owners of such Lots fail to adhere to maintenance standards established in the Joint Maintenance Covenant, the Association may In the event that such Owners fail to properly perform such Upkeep, the Association is authorized to treat such pipes and the easement areas within which they are constructed as Limited Common Areas, and perform any necessary Upkeep on behalf of such Owners; any and all costs so incurred by the Association shall constitute Specially Allocated Assessments against such Lots, as provided in Section 10.1.7 hereof.

16.3. Easement for Utilities.

A non-exclusive perpetual blanket easement is hereby granted over and through the Property for ingress, egress, installation and Upkeep of any utility lines, pipes, wires, ducts, conduits and/or other facilities and equipment for providing to any portion of the Property utilities of any type, whether public or private; such easement is hereby granted to any person installing or providing Upkeep for such utilities. Any pipes, conduits, lines, wires, transformers or any other apparatus necessary for the provision or metering of any utility may be installed, maintained or relocated where permitted by the Declarant or where approved by resolution of the Board of Directors. See the PUD Plat for further details.

16.4. Avigation Easement.

The Community is subject to the terms of an Avigation Easement benefitting the Port of Anacortes and the municipal airport operated by the Port that adjoins the Community to the east. The Avigation Easement is designed to promote the free and unobstructed passage of aircraft in and through the airspace over the Community, together with the right of aircraft to cause noise that may ensue from their operation. The Avigation Easement is recorded at Auditor's File No. 732440, Records of Skagit County, Washington. This casement limits the overall height of building structures and vegetation within the Community.

25

16.5. View Covenants Affecting Nearby and Adjoining Properties.

16.5.1. Covenant Affecting Felt Property to West Protects Lots 16 - 20.

Parcels of real property that adjoin the Community immediately to the west, presently owned by Christopher P. Felt and Cheryl A. Felt [the "Felt Property"], are subject to the terms ofa Covenant [the "Felt Covenant"] recorded at Auditor's File No. 201612190147, Records of Skagit County, Washington. Article IV of the Felt Covenant contains provisions that restrict the maximum height of buildings and vegetation within the Felt Property for the purpose of protecting territorial views to the West and North available to Lots 16 through 20 in the Community; such provisions shall be deemed incorporated herein by this reference, and may be enforced by individual Lot Owners or by the Association on their behalf, as provided in the Felt Covenant and in Section 7.2.1 hereof.

16.5.2. Covenant Affecting Parcel to North.

A Parcel ofreal property [Skagit County Tax Parcel No. P31586] lying northerly of Oakes Avenue [the "Northerly Parcel"], presently owned by Channel Crossing Limited Liability Company, is subject to the terms of a Covenant [the "Channel Crossing Covenant"] recorded at Auditor's File No. , Records of Skagit County, Washington. The Channel Crossing Covenant contains provisions that restrict the maximum height ofbuildings and vegetation within the Northerly Parcel for the purpose of protecting territorial views to the North available to Occupants of the Community; such provisions shall be deemed incorporated herein by this reference, and may be enforced by individual Lot Owners or by the Association on their behalf, as provided in the Channel Crossing Covenant and in Section 7 .2.1 hereof.

16.6. Special Declarant Rights.

16.6.1. Reservation.

The Declarant has reserved the following Special Declarant Rights for the purpose of furthering and completing the development of the Community: To complete any improvements indicated on the PUD Plat or described earlier in this Declaration of Covenants; to maintain sales offices, management offices, signs advertising the Community, and models on the Property, all in such location or locations as the Declarant may unilaterally determine; to use easements through the Common Areas for the purpose of making improvements within the Community; and to appoint or remove any Officer or Director of the Association, or to veto or approve a proposed action of the Board or of the Association during the Declarant Control Period described in Section 8.1 hereof; the Dcclarant shall be deemed to hold a proxy from all Lot Owners during the Declarant Control Period for such purposes.

26

16.6.2. Status of Special Declarant Rights.

Each Special Declarant Right reserved by Declarant in this Declaration of Covenants has been, is and shall remain an equitable servitude burdening all lands subject thereto and running with such lands, for so long as Declarant owns a Lot in the Community. Each Special Declarant Right shall exist for the benefit of the Declarant and/or any assignee of Declarant and/or any successor declarant. Declarant has and shall retain, with respect to each Special Declarant Right, a power coupled with Dcclarant' s interest in said lands.

16.6.3. Automatic Assignment Upon Sale of Lots in Bulk.

In the event that all or substantially all of the Lots and Tracts in this Community arc concurrently conveyed to a purchaser in bulk, the purchaser shall be deemed a "Successor Declarant" who or which shall automatically succeed to all Special Declarant Rights reserved in this Section 16.6, except to the extent otherwise provided in the deed of conveyance of such Lots and Tracts to such purchaser.

ARTICLE XVII

AMENDMENT OF DECLARATION OF COVENANTS

17. I. Procedure for Amendment of Declaration of Covenants.

Amendments to the Declaration of Covenants shall be made by an instrument in writing entitled "Amendment to Declaration of Covenants" which sets forth the entire amendment. Except as otherwise specifically provided for in this Declaration of Covenants, any proposed amendment must be approved by a majority of the Board prior to its adoption by the Owners. Except in cases of amendments that may be adopted by the Declarant unilaterally pursuant to Section 17 .3 hereof, amendments may be adopted only at a meeting of the Owners if at least 67% percent of the votes in the Association are cast for such amendment, or without any meeting if all Owners have been duly notified and Owners holding at least 67% of the votes in the Association consent in writing to such amendment. In all cases, the amendment when adopted shall bear the acknowledged signature of the President of the Association.

17.2. Recordation Required.

Every amendment to the Declaration of Covenants must be recorded with the County Auditor and is effective only upon recording. An amendment shall be indexed in the name of the Community and shall contain a cross-reference by recording number to the Declaration of Covenants and each previously recorded amendment thereto.

27

17.3. Amendments by Dcclarant.

The Declarant may unilaterally adopt and file amendments to the Declaration of Covenants for so long as the Declarant is the Owner of any Lot in the Community.

ARTICLEXVill

MISCELLANEOUS

18.1. Notices for All Purposes, Delivery.

18.1.1. Any notice permitted or required to be delivered under the provisions of the Declaration of Covenants or the Bylaws may be delivered either personally or by mail, addressed to the person entitled to such notice at the most recent address given by such person to the Board in a Record, or to the most recent address known to the Board. Notice to the Owner of any Lot shall be sufficient if mailed to his or her Lot if no other mailing address has been given to the Board. With the advance written consent of any Owner, required notice may be provided electronically. Mailing addresses may be changed from time to time by notice provided by the Owner in a Record to the Board. Notice to be given to the Association may be given to the President or Secretary of the Association, or to its Registered Agent. Notice also may be provided to any person in any manner permitted by statute.

18.1.2. New Lot Owners must supply their names and addresses, telephone numbers and, if so desired in order to receive notices from the Association, e-mail addresses, to the Secretary of the Association promptly after conveyance.

18.2. Severability.

The provisions hereof shall be deemed independent and severable, and the invalidity or partial invalidity or unenforceability of any one provision or portion thereof shall not affect the validity or enforceability of any other provision hereof, if the remainder complies with the Governing Law and furthers the common plan of this Subdivision.

18.3. No Right of First Refusal.

There is no right of first refusal in the Association limiting or restricting the right of any Lot Owner to sell, transfer or convey his or her Lot.

18.4. Effective Date.

This Declaration of Covenants shall take effect upon recording.

28

I ~+. DA TED this ___ day of ('()~ ' 2017.

STATE OF WASHINGTON ) ) SS.

DECLARA~~: 48 NORT( r ' FIDALGO ISLAND, L.L.C.

By ~~ I I \ \ I , its fV\l rvU?u -----.+-,,..,...--

u r COUNTY OF SKAGIT )

I hereby certify that I know or have satisfactory evidence that ~US St<-u.nd.~~ is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the V\-\e.~ 12 t'

of the Declarant, 48 NORTH ON FIDALGO ISLAND, L.L.C., to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument.

DATED : ~ lSi , 2017.

29

~rvv-0~ NOTARY PUBLIC for the State of Washington. My Commission expires 4. / I / 2..D l ~ . .

EXHIBIT "A" LANDSCAPE PLAN

r .11

1115 SF

11 11,621 SF:

-~~

2 ~T3.''··~~·· ,1 /~~1~c~2 5F ~l'eoeasF fl 11,285"~~ 4)

- . ~ I /'>c.O '"'~ D~Gr<~C>~S ,. G~~"~ &IANT ~'ocr~1:r~··-iiliii "'- . · I ;I s - c;y

25 1'1'14 SF

'""

24 .f 1150 Sf '

25 1114 SF

8033 Sf: "";i (,.\i

,'-.../,

b ,

8155 SF 15005f@ ,,:

_@!

--

2q 1'135 SF

2B 1'135 SF

21 1'135 Sf

= 2b

8115 SF

' jf !

"\ 1

10 1521 Sf

... 11 ·~

15 \ 12 lb115P - I B156 SF

!]LAND$CAP\:1 u;GSNP

)w>•&91- "'"'"'o~ w.Me SC:Jel<Tl~IC' AAKe Qrr.

:We f~.l"~"~"'-" ~CN

Ip) ~-·~-G"·"C~lll~A Ill

*' I EO W<.~ D·~G.~~~o~ ~~~"-" ·~~'~"'

r-;-~ '~"'

".

;,~~~,l;;?~T ""O~R•,ITAO THc;..~TnN("~''"

~c=< ·~~-r _;M

OOCIDUOU~~TRO~TT"l!l< I TOBl'P....,.."reOV<IHOHf

WN<FORTRO• I TOPL.ANTV'<l><OHE

EXISTING TR•OS TO O• ROTAJNEO [!<E""R TO ;,RSORtoT P!<ES.l<>'!>TION !<EPOltT O~URl!AN F0REST><rS•f<VIC"5. INC.,!>UG. 1:!.;101>)

,.

,.,..:0 ..... 0/'00

1"•Tl"

,.,..,,

'II'' i i'"b ~ ~~ '"

t ~~ '5~ ~~ ~~

I TOTAL SITE AREA I PROPOSED L.'l.NDSGAPE

BUPPERAREA5 PARK AREA TOT"'1. PARKS & BUFFER t.ANDSGAP!N6

12,0;20 SF

~ 1f/,55b5F

TYPIGALHOME LANDSCAPE AV&. (4,B'l4 SF X 30) ~ TOT""1. J.ANDSC.APe AREA 165,916 SF

TOTAL PERCENTAGE Of J...A.NDSC.APE AREA 53% MINIMUM LAN DSC.APE REQUIRED BY C.ODi: 20%

TOTAL TREE CREDITS FROM RETAINED TREES 1qB

~ • li .< ~. ~lit z" :I fil zill

~~ z-~

TREE'S TO BE PLANTED i"llTH PLAT BO I F:-:~ I MINIMUM TREES TO BE PLANTED i"llTH HOMES bO (~T LOCATION T.5.D. ATTIHIO OF HOHE CON5TRLICTIOtl PERHIT)

TOTAL TREE CREDITS MINIMUM TREE CREDITS PER CODE

338· 313 1

EXHIBIT "B" STORMWATER SYSTEM MAINTENANCE MANUAL

HERRIGSTAD ENGINEERING & SURVEYING

4320 Whistle Lake Road Anacortes, WA 98221

Civil Engineering and Surveying Dale Herrigstad, P.E., P.L.S. (360) 299-8804 Phone

STORMWATER OPERATIONS & MAINTENANCE MANUAL

Prepared for

48NORTHPUD By

Dale K. Herrigstad P.E., P.L.S. Dated: March, 201 7

February 2005

Construction Criteria

The biofiltration swale should not be put into operation until areas of exposed soil in the contributing drainage catchment have been sufficiently stabilized. Deposition of eroded soils can impede the growth of grass in the swale and reduce swale treatment effectiveness. Thus, effective erosion and sediment control measures shnuld remain in place until the swale vegetation is established (see Volume ll for erosion and sediment control BMPs). Avoid compaction during construction. Grade biofilters to attain uniform longitudinal and lateral slopes

M11intemmce Criteria

• Inspect biofilters at least once every 6 months, preferably during storm events, and also after storm events of> 0.5 inch rainfall/ 24 hours. Maintain adequate grass growth and eliminate bare spots.

• Mow grasses, if needed for good growth {typically maintain at 4 ~ 9 inches and not below design flow level (King County, 1998)).

• Remove sediment as needed at head of the swale if grass growth is inhibited in greater than IO percent of the swale, or if the sediment is blocking the distribution and entry of the water (King County, l 998).

• Remove leaves, litter, and oily materials, and re-seed or resod, and regrade, as needed. Clean curb cuts and level spreaders as needed.

Prevent scouring and soil erosion in the biofilter. If flow channeling occurs, regrade and reseed the biofilter, as necessary.

Maintain access to biofilter inlet, outlet, and to mowing (Figure 9.8)

• If a swale is equipped with underdrains, vehicular traffic on the swale bottom (other than grass mowing equipment) should be avoided to prevent damage to the drainpipes.

Volume V - Runoff Treatment BMPs 9-19

No. 8 Typical Biofiltration Swale

nance_ Mainte Compo ne:nt

----· Genera I

---

.. . O~feof<>r• .· pqndijjol!l,l\/hel)

.. ··.

-PrPPlSnl Mainf:f!nan.;e is Needed · ·.

Sedirnent Sediment depth exceeds 2 Accumulation on inches. Grass

------Standing Water V\/hen water stands in the

swale between storms and does not drain freely.

---· - -----Flow spreader Flow spreader uneven or

clogged so that flows are not uniformly distributed through entire swale width.

~--------

Constant \l\lhen small quantities of Baseflow water continually flow through

the swa!e, even when it has been dry for weeks, and an eroded, muddy channel has formed in the swale bottom.

---·--·--Poor Vegetation \l\lhen grass is sparse or bare Coverage or eroded patches occur in

more than 10°/o of the swale bottom.

!-----·--···~---·-- -· Vegetation \M'len the grass becomes

excessively tall (greater than 10-inches); when nuisance weeds and other vegetation starts to take over.

e-

Excessive Grass growth is poor because Shading sunlight does not reach

swale.

Inlet/Outlet Inlet/outlet areas clogged with sediment and/or debris.

Trash and Trash and debris Debris accumulated in the bio-swale. Accumulation

Erosion/Scouring Eroded or scoured swale bottom due to flow channelization, or higher flows.

·-

··-._',"'"''' _--.-.· __ -" .· .. · fu correo! .. --- ·- __ ._-_;,_·:_

. .. -< __ ._,,- --- -__ --<-' :_-.-- --- •" '

Remove sediment deposits on grass treatment area of the bio-swale. V\Jhen finished, swale should be level from side to side and drain freely toward outlet. There should be no areas of standing water once inflow has ceased.

-·-··---Any of the following may apply: remove sediment or trash blockages, improve grade from head to foot of swale, remove dogged check dams, add underdrains or convert to a wet biofiltration swale. ~. --

Level the spreader and clean so that flows are spread evenly over entire swale width.

- ··-Add a !ow-flow pea-gravel drain the length of the swale or by~pass the baseflow around the swale.

Determine why grass growth is poor and correct that condition. Re-plant with plugs of grass from the upper slope: plant in the swale bottom at 8-inch intervals. Or re-seed into loosened, fertile soil.

--~- .. ·-·-

Mow vegetation or remove nuisance vegetation so that flow not impeded. Grass should be mowed to a height of 3 to 4 inches. Remove grass clippings.

If possible, trim back over-hanging lirnbs and remove brushy vegetation on adjacent slopes.

Remove material so that there is no clqgging or blockage in the inlet and outlet area.

Remove trash and debris from bioswale.

-For ruts or bare areas less than 12 inches wide, repair the dan1aged area by filling with crushed gravel. If bare areas are large, generally greater than 12 inches wide, the swale should be re-graded and re-seeded. For smaller bare areas, overseed when bare spots are evident, or take plugs of grass from the upper slope and plant in the swale bottom at 8-inch intervals.

February 2005 Volume V - Runoff Treatment BMPs 4-39

BYLAWS

OF

48 NORTH ASSOCIATION

© 2017Hugh Lewis, Attorney at Law, P.C. 2200 Rimland Drive, Suite 115 Bellingham, WA 98226

(360) 392-2880

TABLE OF CONTENTS

1. IDENTIFICATION OF THE COMMUNITY AND THE ASSOCIATION.. . . . . . . . . . . . . . . . . 1

2. DEFINITIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

3. APPLICABILITY OF BYLAWS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

4. OWNERS ASSOCIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14.1. Form of Association. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14.2. Law Governing Association.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24.3. Registered Office and Registered Agent. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24.4. Powers of Association. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24.5. Membership.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

4.5.1. Basic Provisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24.5.2. Member in Good Standing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24.5.3. Rights and Privileges of Membership.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

4.6. Transfer of Membership. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34.7. Meetings.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

4.7.1. Place of Meetings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34.7.2. Annual Meetings.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34.7.3. Special Meetings.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34.7.4. Notices of Meetings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34.7.5. Notices of Meetings Involving Amendments to Covenants or Bylaws.. . . . . . . . 44.7.6. Manner and Content of Notice. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44.7.7. Waiver of Notice.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

4.8. Voting. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44.8.1. Voting Rights. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44.8.2. Joint Owner Disputes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44.8.3. Proxies and Voting by Ballot. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44.8.4. Voting Procedure. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54.8.5. Quorums. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54.8.6. Order of Business. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54.8.7. Conduct of Meeting. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54.8.8. Additional Procedures for Voting & Obtaining the Consent of Owners. . . . . . . 5

4.9. Action by Members Without a Meeting.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

5. BOARD OF DIRECTORS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65.1. Declarant Control Period. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65.2. Management by Owners' Board, Qualifications, Terms of Office. . . . . . . . . . . . . . . . . . 6

5.2.1. Number of Directors.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65.2.2. Qualifications... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65.2.3. Term... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

5.3. Meetings.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75.3.1. Annual Meeting. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75.3.2. Regular Meetings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75.3.3. Special Meetings.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75.3.4. Notice and Waiver of Notice. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75.3.5. Quorum. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75.3.6. Conduct of Meeting. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

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5.3.7. Open Meetings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85.3.8. Action by Directors Without a Meeting. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

5.4. Removal of Directors.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85.5. Vacancies. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85.6. Compensation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95.7. Fidelity Insurance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95.8. Duty of Care.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95.9. Duty of Loyalty - Conflict of Interest. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95.10. Right to Indemnification. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105.11. Advisory Committees.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105.12. Participation by Lot Owners in Development of Rules and Regulations.. . . . . . . . . . . . 10

6. OFFICERS.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106.1. Appointment of Officers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116.2. Removal of Officers; Vacancies. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116.3. President. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116.4. Vice President. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116.5. Secretary. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116.6. Treasurer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126.7. Compensation of Officers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126.8. Liability of Officers and Indemnification... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

7. ENFORCEMENT OF PROVISIONS OF GOVERNING DOCUMENTS. . . . . . . . . . . . . . . . . 127.1. Authority of the Board.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127.2. Abatement of Violations... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127.3. Legal Proceedings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137.4. Costs and Attorney's Fees.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137.5. Late Charges and Interest.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137.6. Fines.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137.7. No Waiver of Rights.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147.8. Remedies Cumulative.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147.9. Alternative Forms of Dispute Resolution Authorized.. . . . . . . . . . . . . . . . . . . . . . . . . . 147.10. Pre-Sanction Hearings.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

7.10.1. Notice of Violation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147.10.2. Form and Contents of Request for Hearing. . . . . . . . . . . . . . . . . . . . . . . . . . . . 157.10.3. Establishment of a Hearing Date. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 157.10.4. Hearing Procedures.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 157.10.5. Default. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 157.10.6. Continuances.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 157.10.7. Decision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 157.10.8. Assurance of Voluntary Compliance in Lieu of Hearing. . . . . . . . . . . . . . . . . 16

8. MANAGEMENT OF COMMUNITY. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 168.1. Management by Board of Directors.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 168.2. Professional Management... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

8.2.1. Employment of Manager. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 168.2.2. Management Agreement.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

8.3. Bank Accounts for Operations and Reserves.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 168.3.1. Insured Accounts - Retention of Funds Within State of Washington. . . . . . . . 168.3.2. Commingling Prohibited.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

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8.3.3. Reserve Accounts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 168.4. Association Records.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17

8.4.1. Financial Records.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 178.4.2. Other Records.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 178.4.3. Ownership of Records, Inspection... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18

8.5. Preparation and Audit of Financial Statements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18

9. NOTICE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 199.1. Manner of Notice. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 199.2. Waiver of Notice. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19

10. AMENDMENT OF BYLAWS.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19

11. MISCELLANEOUS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1911.1. Compliance with Law. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1911.2. Conflict. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1911.3. Severability. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1911.4. Captions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2011.5. Gender, Number.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20

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BYLAWS OF48 NORTH ASSOCIATION

1. IDENTIFICATION OF THE COMMUNITY AND THE ASSOCIATION.

The name of the Community is: 48 North PUD, which is located in Anacortes, Washington.The name of the Association is: 48 North Association, which will hereinafter be referred to as the"Association."

2. DEFINITIONS.

All terms used in these Bylaws shall have the same meanings ascribed to them in theWashington Homeowners' Association Act, Chapter 64.38 RCW ("the Act"), and/or in the recordedCovenants for the Community (hereinafter "the Covenants") recorded in the office of the Auditorof the County in which the Community is located, and/or the Articles of Incorporation for theAssociation. The term "Ballot" means a record or electronic transmission designed to cast or registera vote or consent in a form provided by the Association. The term "Cumulative Voting,” as usedherein, shall mean a system of voting for Directors under which an Owner, who is entitled to castone vote for each Director's position up for election, is permitted to cast all such votes for a singleDirector, or to distribute all the possible votes among fewer than all the positions open for election;cumulative voting is not permitted under these Bylaws. The term "Record," used as a noun, meansinformation that is inscribed on a tangible medium or that is stored in an electronic or other mediumand is retrievable in perceivable form.

3. APPLICABILITY OF BYLAWS.

These Bylaws are promulgated to provide for the self-government of the Community and topromote the safety, health, well-being and enjoyment of its members. The administration andmanagement of the Community and the actions of the Owners, the Association and its Board ofDirectors and Officers shall be governed by these Bylaws. All present and future Owners and theirfamily members, tenants, licensees, invitees, servants, agents, employees and any other persons whoare permitted to use the Common Areas of the Community or benefit from services supplied by theAssociation shall be subject to these Bylaws and to any Rules and Regulations promulgated by theBoard. Acquisition, rental or occupancy of a Lot shall be deemed conclusive evidence of theOwner's, tenant's or occupant's acceptance and ratification of, and agreement to comply with, theGoverning Documents now in existence or hereafter adopted.

4. OWNERS ASSOCIATION.

4.1. Form of Association.

The Association has been or will be incorporated by the Declarant as a Washington NonprofitMiscellaneous and Mutual Corporations Act under the provisions of chapter 24.06 RCW (the“Corporation Act”). The rights and duties of the members and of said corporation shall be governedby the provisions of the Act and of the Covenants. The Association shall remain organized as anonprofit corporation.

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4.2. Law Governing Association.

The Community is currently governed by the Washington Homeowners Association Act,chapter 64.38, RCW and may become subject to the provisions of a successor statute. The rights andduties of the Members in relation to the Association shall also be governed by the provisions of theCovenants, as amended, and the Corporation Law. In case of any conflict between any of theforegoing, the Homeowners Association Act or any successor statute (in either case, the “GoverningLaw”) shall control, and with respect to any conflicts between the Covenants and the Bylaws, theCovenants shall control.

4.3. Registered Office and Registered Agent.

The Association shall maintain a Registered Agent to receive legal process and officialnotices on behalf of the Association, as required by the Corporation Law. The Association’sRegistered Agent shall be appointed by the Board of Directors and shall have a business officeidentical with such Registered Office. The Registered Office of the Association shall be located inthe State of Washington at such place as may be fixed from time to time by the board of Directorsupon filing of such notices with the Secretary of State and elsewhere as may be required by theCorporation law.

4.4. Powers of Association.

Subject to the provisions of the Covenants, the Association may, through its Board ofDirectors, exercise all powers granted to homeowners’ associations under the Governing Law,subject to the rights of the Owners to amend the Bylaws of the Association under Section 10 hereof,to participate in the drafting of Rules and Regulations as provided in Section 5.12 hereof, and toratify Budgets in the manner provided in the Declaration of Covenants.

4.5. Membership.

4.5.1. Basic Provisions. Each fee Owner or real estate contract vendee of a Lot inthe Community shall be a Member of the Association. Ownership of a Lot shall be the solequalification for membership in the Association, and the membership of the Association at all timesshall consist exclusively of all the Owners. The ownership of an interest in a Lot solely as securityfor the performance of an obligation does not entitle the owner of such interest to membership in theAssociation. The term “Owner,” as used in the remainder of these Bylaws, shall be deemed theequivalent of the term “Member,” as used in the Corporation Law, unless the context otherwiseclearly requires.

4.5.2. Member in Good Standing. A Member shall be considered a “Member inGood Standing” when such Member has paid all required dues, charges and assessments owing bysuch Member, and is not subject to sanctions for violations of other provisions of the GoverningDocuments.

4.5.3. Rights and Privileges of Membership. Members in Good Standing shall havethe right to run for and hold positions as Directors or Officers of the Association. Members in Good

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Standing, their immediate family members, well-behaved guests and lawful tenants of Owners shallalso have the privilege of using any special services and/or facilities provided by the Association foruse by its Members, above and beyond basic rights of ingress, egress and support which are notdependent upon Good Standing status. Such rights and privileges are subject to payment of all dues,charges or assessments as may be lawfully imposed by the Board of Directors from time to time, andare further subject to remaining in compliance with all other provisions of the GoverningDocuments. A Member who fails to pay all required dues, charges or assessments, or who is foundto have violated other provisions of the Governing Documents in a proceeding conducted underSection 7.10 hereof, shall cease to be a Member in Good Standing and may lose any or all of theforegoing rights and privileges of membership until such time as the Member shall make all requiredpayments and/or satisfy any conditions required of the Member in such proceeding.

4.6. Transfer of Membership.

The Association membership of each Owner shall be appurtenant to the Lot giving rise tosuch membership, and shall not be assigned, transferred, pledged, hypothecated, conveyed oralienated in any way except upon the transfer of title to said Lot and then only to the transferee oftitle to such Lot. Any attempt to make a prohibited transfer shall be void. Any transfer of title toa Lot shall operate automatically to transfer the membership in the Association appurtenant theretoto the new Owner thereof.

4.7. Meetings.

4.7.1. Place of Meetings. Meetings of the Association shall be held at such placewithin the County within which the Community is situated as may be designated by the Board ofDirectors and stated in the Notice of the Meeting.

4.7.2. Annual Meetings. There shall be an Annual Meeting of the Association inthe fourth quarter of each year. The Annual Meeting of the Association shall be held for the electionof Directors and the conduct of such other business as may be properly brought before the Meeting. At the Annual Meeting, there shall be presented a report containing a balance sheet and a revenueand expense statement of the Association prepared on an accrual basis, which shall be current tosixty days - the balance sheet should show the condition of the Association’s reserve account;

4.7.3. Special Meetings. Special Meetings of the Association may be called at anytime for the purpose of considering matters which by the terms of the Governing Law or GoverningDocuments require the approval of all or some of the Owners, or for any other reasonable purpose. Such Meetings shall be called by written notice of the Secretary of the Association upon the decisionof the President, or after request signed by a majority of the Board, or by written request by of anytwo Owners. Only matters described in the Notice of a Special Meeting may be considered at sucha Meeting, and the order of business at a Special Meeting shall generally conform to the orderspecified in the Notice of such Meeting.

4.7.4. Notices of Meetings. Except as provided in Section 4.7.5 below, Notice ofany Meeting of the Association shall be provided by the Secretary to all Owners not less thanfourteen (14) nor more than sixty (60) days in advance of the Meeting.

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4.7.5. Notices of Meetings Involving Amendments to Covenants or Bylaws. In theevent that an Agenda item at any Meeting involves a proposal to amend the Declaration ofCovenants or the Association’s Bylaws, the Notice shall be given not less than twenty-five (25) daysin advance of the Meeting, and the Notice shall include a copy of the text of the Amendment.

4.7.6. Manner and Content of Notice. The Notice of any Meeting of the Associationshall be either hand-delivered or sent prepaid by first class United States mail to the mailing addressof each Lot or to any other mailing address designated in a Record by the Owner. With the advancewritten consent of any Owner, or in the event that legislation otherwise permits, Notice may also beprovided electronically, to an e-mail or other electronic address specified by the Owner for suchpurposes. The Notice of any Meeting shall state the date, time and place of the Meeting, and theitems on the Agenda to be voted on by the Members, including without limitation, if appropriate,a list of the candidates seeking to be elected as Directors of the Association, all information requiredto be delivered to Owners in conjunction with the development of the Association’s Annual Budget,the nature of any proposed amendment to the Declaration or Bylaws, and any proposal to removea Director.

4.7.7. Waiver of Notice. Whenever any Notice to an Owner is required to be givenby the Association, a Waiver thereof in a Record signed by the Owner, whether made before or givenafter the time stated therein, shall be equivalent to the giving of such Notice.

4.8. Voting.

4.8.1. Voting Rights. Each Owner has a right to vote at Meetings of the Associationfor the election of Directors and with respect to such other matters that are not within the powers ofthe Board of Directors as may lawfully come before the Meeting. Each Owner shall be entitled toone vote for each Lot owned by such Owner on each matter submitted to a vote of the Owners. Inthe event that a Lot is owned by the Association, the votes allocated to such Lot must be cast in thesame proportion as the votes cast on the matter by Lot Owners other than the Association. Cumulative voting shall not be permitted.

4.8.2. Joint Owner Disputes. The vote for a Lot must be cast as a single vote, andfractional votes shall not be allowed. Since a Lot may be owned by a corporation, partnership,marital community, limited liability company, trust or other legal entity involving or comprisingmultiple persons, any director, officer, partner in, or trustee of any such entity may be deemed theOwner thereof to cast the vote for such Lot. Where a Lot is owned by more than one person, if onlyone of such persons is present at a Meeting of the Association, in person, by proxy or Ballot, suchperson is entitled to cast all the votes allocated to that Lot. If more than one of the multiple personscomprising an Owner are present, such Owner’s vote may be cast only in accordance with theagreement of a majority in interest of such multiple persons. There is majority agreement if any oneof the multiple persons casts a vote for such Owner without protest being made promptly to theperson presiding over the Meeting by any of the other persons comprising the Owner. In the absenceof majority agreement, the conflicting votes shall be deemed an abstention of the vote for such Lot.

4.8.3. Proxies and Voting by Ballot. Votes allocated to a Lot may be cast by a Ballotor pursuant to a proxy duly executed by the Owner. An Owner may not revoke a proxy given

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pursuant to this Section except by actual notice of revocation to the person presiding over a Meetingof the Association. A proxy is void if it is not dated or purports to be revocable without notice. Unless stated otherwise in the proxy, a proxy terminates eleven months after its date of issuance. A Ballot shall not be valid unless it is signed by the Owner and received by the Association on orbefore the date and time of the Meeting at which it is to be counted, as directed in the Notice of theMeeting. A Ballot, when used at any Meeting of the Association, may be deemed the equivalent ofa directed proxy, irrespective of its form; a Ballot may designate an individual either by name or bygeneral description (e.g., "any Officer of the Association") and therein instruct such person how tovote on the matters to be decided at the Meeting for which the Ballot is prepared. Alternatively, aBallot may consist of any form prepared by the Board, in written or electronic form, designed toobtain votes on matters constituting the business of the Meeting. A proxy or Ballot may be deliveredby electronic transmission in accordance with procedures previously approved by resolution of theBoard in compliance with the provisions of RCW 24.06.110.

4.8.4. Voting Procedure. Unless otherwise required under the GoverningDocuments or by law, the vote of Owners holding a majority of the votes cast for any candidate orother item of business at any Meeting of the Association (a “plurality vote”) shall be sufficient todecide any such election or other item of business at that Meeting. In the event that the Boarddesires to prepare a Ballot for use at a Meeting, copies thereof may be served with the Notices ofsuch Meeting, or may be distributed at the Meeting, at the option of the Board.

4.8.5. Quorums. A quorum is present throughout any Meeting of the Associationif the Owners of Lots to which at least thirty-four percent of the votes in the Association areallocated are present in person, or by proxy or Ballot at the beginning of the Meeting.

4.8.6. Order of Business. The order of business at an Annual Meeting of theAssociation shall be as follows: (i) proof of Notice of the Meeting; (ii) determination of the presenceof a quorum; (iii) approval of the Agenda for the Meeting; (iv) approval of Minutes of the previousMeeting of the Association; (v) appointment of inspectors of election if applicable; (vi) election ofDirectors, if applicable; (vii) reports of the Board of Directors, Officers and Committees; (viii)unfinished business, if any; and (ix) new business, if any. Items (iv), (viii) and (ix) shall be omittedfrom the order of business of a Special Meeting held for the sole purpose of electing a Director. Only matters described in the Notice of a Special Meeting may be considered at such a Meeting, andthe order of business at a Special Meeting shall generally conform to the order specified in the Noticeof such Meeting. New business at an Annual Meeting should include a discussion of whether toconduct an audit of the Association’s financial statements, as described in Section 8.5 hereof.

4.8.7. Conduct of Meeting. The President shall preside at Meetings of theAssociation and the Secretary shall keep the Minutes of Meetings, for inclusion in the Association'spermanent Minute Book. Until changed by resolution of the Board of Directors, Roberts Rules ofOrder, latest edition, shall govern the conduct of all Meetings of the Association when not in conflictwith the Governing Law, the Declaration or these Bylaws.

4.8.8. Additional Procedures for Voting & Obtaining the Consent of Owners. TheBoard may by resolution adopt additional procedures, not inconsistent herewith, to assist the Boardin maintaining the integrity of the voting process at Meetings of the Association. If deemed useful,

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the Board may also use Ballots in order to obtain the consent or agreement of Owners to proposalsto amend the Governing Documents or to the taking of other actions by the Association, without aMeeting of the Association.

4.9. Action by Members Without a Meeting.

Any action required or permitted to be taken may be taken without a Meeting if all of theMembers of the Association consent in writing to such action. Such written consent or consents maybe in the form of Ballots, and shall be filed with the Minutes of the proceedings of the Association.

5. BOARD OF DIRECTORS.

5.1. Declarant Control Period. The Declarant has reserved the rights to (a) appoint andremove the Officers and members of the Board of Directors of the Association, and (b) veto orapprove a proposed action of the Board or the Association, for a period of time known as the"Declarant Control Period," which shall persist for a period of time not to exceed three (3) years. The Declarant Control Period shall terminate sixty days after conveyance of seventy-five percent ofthe Lots which may be created in the Community to Owners other than the Declarant. The DeclarantControl Period is established in order to assure that the Association and the Common Areas will beadequately administered in the initial phases of development, and to assure an orderly transition ofAssociation operations.

5.2. Management by Owners' Board, Qualifications, Terms of Office.

5.2.1. Number of Directors. Within thirty days after the termination of the DeclarantControl Period, the Owners shall hold a Meeting of the Association to elect a Board of Directors of three (3) persons elected by the Members of the Association. The number of Directors on the Boardmay thereafter be increased or decreased as provided in these Bylaws. Newly elected Boardmembers shall take office upon adjournment of the Meeting at which they were elected. Promptlyfollowing such election, the Board shall elect or appoint the Officers of the Association describedin Article 6 hereof.

5.2.2. Qualifications. At least a majority of the members of the Board of Directorsmust be Owners. Any Owner serving on the Board must remain a Member in Good Standing. Theterm "Owner" in such context shall be deemed to include any director, officer, partner in, or trusteeof any entity which is, either alone or in conjunction with another person or entity, an Owner. AnyOfficer or Director of the Association who would not be eligible to serve as such if (s)he were nota director, officer, partner in, or trustee of such an entity shall be disqualified from continuing inoffice if (s)he ceases to have any such affiliation with that entity.

5.2.3. Term. A Director shall serve for a term of one year, and until his or hersuccessor is elected.

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5.3. Meetings.

5.3.1. Annual Meeting. An annual organizational Meeting of the Board of Directorsshall be held within 10 days after each Annual Meeting of the Association. No Notice shall benecessary to the newly elected Directors in order legally to constitute such Meeting, providing amajority of the entire Board is present at the Meeting.

5.3.2. Regular Meetings. Regular Meetings of the Board of Directors shall be heldat such time and place as shall be determined from time to time by the Board of Directors, but atleast one Meeting shall be held in each quarter of each fiscal year.

5.3.3. Special Meetings. Special Meetings of the Board of Directors may be calledby the President and shall be called by the President or Secretary on the written request of at leasttwo Directors. Unless all sitting Directors are present at a Special Meeting, no business other thanthat stated as the purpose for such Special Meeting may be conducted at a Special Meeting.

5.3.4. Notice and Waiver of Notice. Notice of Regular or Special Meetings of theBoard of Directors shall be given to each Director, by mail, receipted e-mail or digital equivalent,receipted telefacsimile or hand-delivery at least 72 hours prior to the time of the Meeting, and shallstate the date and place and hour of the Meeting. Notice of Regular Meetings may also be given byproviding each Board member with a written schedule of Regular Meetings adopted for the ensuingyear at any time after the Annual Meeting and at least seven days prior to the next succeedingRegular Meeting. Notice of a Special Meeting shall state the purpose(s) of the Meeting. Notice ofa Meeting of the Board of Directors may be waived in a Record by a Director either before or afterthe Meeting. Attendance at a Meeting constitutes waiver of Notice of that Meeting, except wherea Director attends a Meeting for the express purpose of objecting to the transaction of businessbecause the Meeting is not lawfully called or convened. In a bona fide emergency, and if all of theBoard members are present and so consent, no Notice shall be required and matters relating to thesubject of the emergency may be considered at the Meeting.

5.3.5. Quorum and Voting. A quorum is deemed present throughout any Meetingof the Board of Directors if persons entitled to cast at least a majority of the votes on the Board ofDirectors are present at the beginning of the Meeting. Any one or more Directors may participatein a Meeting thereof by means of a conference telephone or similar communication equipment,allowing all persons participating in the Meeting to hear each other at the same time. Each Directorshall have one vote, which must be cast in person; proxy voting is not permitted. The votes of amajority of the Board members present at a Meeting at which a quorum is present shall constitutethe decision or act of the Board of Directors. If less than a quorum is present at a Meeting, themajority of those present may recess the Meeting to a designated time and place. A recessedMeeting may be held as designated upon such further Notice as may be necessary to assureattendance and to satisfy the “open meetings” requirements of Section 5.3.7 hereof; when a quorumis present any business may be transacted which might have been transacted at the Meeting asoriginally called.

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5.3.6. Conduct of Meeting. The President shall preside at Meetings of the Board ofDirectors and the Secretary shall keep the Minutes of the proceedings. Following proof of Noticeand determination of the presence of a quorum, any lawful business may be transacted.

5.3.7. Open Meetings. Except as hereinafter provided, all Meetings of the Boardof Directors shall be open for observation by all Owners of record and their authorized agents. Uponthe affirmative vote in open session to assemble in closed session, the Board may convene in closedexecutive session to consider personnel matters, to consult with legal counsel or considercommunications with legal counsel, to consider proposed contracts with one or more vendors, or todiscuss likely or pending litigation, matters involving possible violations of the GoverningDocuments, or matters involving the possible liability of an Owner to the Association. The motionshall state specifically the purpose for the closed session. Reference to the motion and the statedpurpose for the closed session shall be included in the Minutes. The Board shall restrict itsconsideration of matters during the closed portions of the Meeting to only those purposes specificallyexempted and stated in the motion. No motion, or other action adopted, passed, or agreed to inclosed session may become effective unless the Board, following the closed session, reconvenes inopen session, reasonably identifies the motion or other action considered in executive session, andvotes again in the open session on such motion or other action. The requirements of this Sectionshall not require the disclosure of information in violation of law or which is otherwise exempt fromdisclosure.

5.3.8. Action by Directors Without a Meeting. In a bona fide emergency, or toaccomplish purely ministerial objectives, or as may be otherwise permitted by law, any actionrequired or permitted to be taken may be taken without a Meeting if all of the members of the Boardof Directors unanimously consent to such action and such consent is evidenced in a Record eitherprior to or subsequent to the taking of such action. Such written consent or consents shall be filedwith the Minutes of the proceedings of the Board of Directors.

5.4. Removal of Directors.

The Owners, by majority vote of the voting power in the Association present and entitled tovote at any duly constituted Meeting of the Association at which a quorum is present, may removeany member of the Board of Directors with or without cause.

5.5. Vacancies.

A vacancy on the Board of Directors caused by any reason, other than removal of a Directorby a vote of the Association, shall be filled by a vote of the majority of the remaining Directors, eventhough they may constitute less than a quorum. Each person so selected shall serve until the AnnualMeeting of the Association. A vacancy occurring on the Board of Directors by reason of an increasein the number of Directors constituting the entire Board of Directors or by reason of the removal ofa Director by a vote of the Association shall be filled by the Association at an Annual Meeting orat a Special Meeting called for that purpose.

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5.6. Compensation.

A Director shall not receive compensation from the Association for serving on the Board ofDirectors, but a Director may be reimbursed for reasonable out-of-pocket expenses incurred by himor her in the proper performance of his or her duties.

5.7. Fidelity Insurance.

The Board of Directors may obtain fidelity insurance for any Director, Officer, trustee,volunteer, agent, or employee of the Association handling or responsible for Association funds. Thepolicy shall name the Association as the named insured and must include a provision that calls forten days' written notice to the Association before the policy can be canceled or substantially modifiedfor any reason. The policy should cover the maximum funds that will be in the custody of theAssociation or its Manager at any time while the policy is in force. A Manager that handles fundsfor the Association should be covered by the Association’s policy.

5.8. Duty of Care.

A Director shall perform the duties of a Director, including duties as a member of anyCommittee of the Board upon which the Director may serve, in good faith, in a manner such Directorbelieves to be in the best interests of the Association, and with such care, including reasonableinquiry, as an ordinarily prudent person in a like position would use under similar circumstances. In performing the duties of a Director, a Director shall be entitled to rely on information, opinions,reports, or statements, including financial statements and other financial data, in each case preparedor presented by (a) one or more officers or employees of the Association whom the Directorreasonably believes to be reliable and competent in the matter presented; (b) legal counsel, publicaccountants, or other persons as to matters which the director reasonably believes to be within suchperson's professional or expert competence; or (c) a Committee of the Board upon which the Directordoes not serve, duly designated in accordance with a provision in the Bylaws, as to matters withinits designated authority, which Committee the director believes to merit confidence; so long as, inany such case, the Director acts in good faith, after reasonable inquiry when the need therefor isindicated by the circumstances, and without knowledge that would cause such reliance to beunwarranted.

5.9. Duty of Loyalty - Conflict of Interest.

The Directors shall exercise their powers and duties in good faith and with a view to theinterests of the Association and consistent with the purposes set forth in these Bylaws. No contractor other transaction between the Association and any Director, or between the Association and anycorporation, firm entity or association in which the Director is an officer or director or is pecuniarilyor otherwise interested, shall be either void or voidable because such Director is present at theMeeting of the Board of Directors which authorizes or approves the contract or transaction, if thefact of the common directorate or other interest is disclosed or known to the Board of Directors ora majority thereof and noted in the Minutes, and the Board of Directors authorizes, approves orratifies such contract or transaction in good faith by a vote sufficient for the purpose. Directors whohave a financial interest or other personal interest in the transaction may be counted in determining

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the presence of a quorum at any Meeting of the Board of Directors or committee thereof whichauthorizes, approves or ratifies any contract or transaction, but such Directors must abstain fromvoting. If disclosures and decisions are not made as required by this subsection, the contract ortransaction may be voidable at the instance of the Association, and affected Director may not beinsulated from liability for any harm suffered by the Association as a result of entering into thecontract or transaction.

5.10. Right to Indemnification.

The Association shall indemnify and hold harmless each of the Directors and Officers fromand against all contractual liability to others arising out of contracts made by the Board of Directorsor Officers on behalf of the Association or the Owners unless such contract was made in bad faithor contrary to the provisions of the Governing Documents. Directors and Officers shall not bepersonally liable for contracts made by them on behalf of the Association. The Association shallindemnify any person who was or is a party or is threatened to be made a party to any threatened,pending or completed action, suit or proceeding by reason of the fact that (s)he is or was a Directoror Officer of the Association against amounts paid in settlement incurred by him or her in connectionwith such action, suit or proceeding if (s)he acted in good faith and in a manner (s)he reasonablybelieved to be in, or not opposed to, the best interests of the Association, to the fullest extentauthorized by RCW 23B.08.320, and 23B.08.500 through 23B.08.600, and any amendments thereto,irrespective of the fact that the Association is not incorporated under RCW 23B. See RCW23B.17.030.

5.11. Advisory Committees.

The Board of Directors may by resolution establish and appoint the members of one or morecommittees intended to obtain information for and provide advice to the Board, but not to exerciseany of the powers of the Board, with respect to such matters as from time to time may be deemeduseful by the Board. The members of any such committee may be Board members, Owners, or otherpersons whose participation is deemed useful by the Board, in its discretion.

5.12. Participation by Lot Owners in Development of Rules and Regulations.

Before adopting, amending or repealing any rule, the Board shall provide all Lot Owners [1]Notice of its intention to adopt, amend, or repeal a rule, providing the text of the rule or the proposedchange; and [2] a date on which the Board will act on the proposed rule or amendment afterconsidering comments from Lot Owners. Following adoption, amendment, or repeal of a rule, theBoard must give Notice to the Lot Owners of its action, providing with said Notice a copy of anynew or revised rule.

6. OFFICERS.

The principal Officers of the Association are a President, a Vice President, a Secretary anda Treasurer. All the principal Officers of the Association must be members of the Board ofDirectors. Two or more offices may be held by the same person, except the offices of President and

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Secretary. The Board of Directors may, in its discretion, also elect or appoint such other Officersand assistant Officers as may be deemed necessary. Officers are charged, in general, withresponsibility for implementing policy decisions adopted by the Board of Directors.

6.1. Appointment of Officers.

The Officers of the Association shall be appointed annually by the Board of Directors at itsannual organizational Meeting.

6.2. Removal of Officers; Vacancies.

An Officer may be removed by the Board of Directors with or without cause by theaffirmative vote of a majority of the entire Board of Directors. A successor may be elected at anyRegular Meeting of the Board of Directors or at any Special Meeting called for that purpose.

6.3. President.

The President is the chief executive Officer of the Association; (s)he shall preside atMeetings of the Association and shall serve as Chair of the Board of Directors; (s)he shall overseethe business of the Association such that the orders and resolutions of the Board of Directors maybe carried into effect. The President shall be the Officer authorized and empowered to prepare,execute, certify, and record any lawful amendments authorized to be made to the Covenants onbehalf of the Association.

6.4. Vice President.

The Vice President shall perform the duties and exercise the powers of the President in theabsence or disability of the President, and shall perform such other duties as the Board of Directorsmay prescribe.

6.5. Secretary.

The Secretary shall attend all Meetings of the Board of Directors and of the Members, andshall record the voting and the Minutes of all proceedings in a Minute Book to be kept for thatpurpose. (S)he shall give Notice of Meetings of the Association and the Board of Directors, andshall perform such other duties as may be prescribed by the Board of Directors or the President. TheSecretary, with the assistance of the Treasurer, shall compile and keep current at the principal officeof the Association all records required by Section 8.4 hereof. The Secretary shall keep current andretain custody of the Minute Books of the proceedings of the Association and the Board of Directors,and may maintain a separate Book of Resolutions containing copies of resolutions of the Boardintended to have ongoing or permanent effect. An Assistant Secretary may perform the duties andexercise the powers of the Secretary in the absence or disability of the Secretary and shall performsuch other duties as the Board of Directors may prescribe.

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6.6. Treasurer.

The Treasurer shall exercise control over all funds and securities of the Association exceptthose which are placed under the control of a Manager. The Treasurer shall deposit all funds of theAssociation in such federally insured financial institution(s) as may be designated by the Board ofDirectors. (S)he shall disburse funds in accordance with the Association’s Budget and as orderedby the Board of Directors. With the assistance of any accountant or Manager employed by theAssociation, the Treasurer shall keep the books of the Association on an accrual basis, with detailedaccounts of the receipts and expenditures affecting the Association, in at least the detail required bySection 8.4 hereof. The books and supporting vouchers and records shall be available forexamination by the Owners, Mortgagees and their duly authorized agents or accountants or attorneys,during regular business hours in the manner set by the Board of Directors. All books and recordsshall be kept in accordance with generally accepted accounting principles, in a manner consistentwith homeowners association auditing guidelines. The Treasurer shall be responsible for preparationof the Association's annual financial statement required by Section 8.5 hereof. An AssistantTreasurer may perform the duties and exercise the powers of the Treasurer in the absence ordisability of the Secretary and shall perform such other duties as the Board of Directors mayprescribe. In the absence of a specifically-appointed Vice President, the Treasurer shall serve as VicePresident.

6.7. Compensation of Officers.

No Officer shall receive any compensation from the Association for acting as such unlesssuch compensation is approved by a vote of Owners entitled to cast at least 75% of the votes in theAssociation. An Officer shall be reimbursed for reasonable out-of-pocket expenses incurred by himor her in the performance of his or her duties.

6.8. Liability of Officers and Indemnification.

See Sections 5.8, 5.9 and 5.10 of these Bylaws.

7. ENFORCEMENT OF PROVISIONS OF GOVERNING DOCUMENTS.

7.1. Authority of the Board.

The Board of Directors shall have primary responsibility for maintaining and enforcingcompliance with the covenants, conditions and restrictions contained in the Covenants and otherGoverning Documents. Without limiting the authority and powers conferred upon the Board byGoverning Law, the Board shall have the power and authority specified in this Section of theseBylaws.

7.2. Abatement of Violations.

A violation of provisions of the Governing Documents relating to the Common Areas shallgive the Association the right to abate unauthorized structures or conditions within the Common

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Areas caused by such violation. PROVIDED, that this remedy shall not be utilized when a breachof the peace may ensue.

7.3. Legal Proceedings.

Failure to comply with any of the terms of the Governing Documents shall be grounds forlegal relief, including without limitation, actions to recover any sums due for money damages,injunctive relief, foreclosure of the lien for payment of Assessments, any other relief provided forin these Bylaws or any combination thereof and any other relief afforded by a court of competentjurisdiction, all of which relief may be sought by the Association or, if appropriate, by any aggrievedOwner, and shall not constitute an election of remedies.

7.4. Costs and Attorney's Fees.

The Association shall be entitled to recover any costs and reasonable attorneys' fees incurredin connection with the collection of delinquent Assessments, whether or not such collection activitiesresult in suit being commenced or prosecuted to judgment. In addition, the Association shall beentitled to recover costs and reasonable attorneys' fees if it prevails on appeal and in the enforcementof a judgment. In any other proceeding arising out of an alleged default by an Owner, the prevailingparty shall be entitled to recover the costs of the proceeding, and such reasonable attorney's fees asmay be determined by the court. In the event that the prevailing party is the Association, the costsand attorney's fees so awarded shall constitute a Specially Allocated Assessment against the Owner'sLot.

7.5. Late Charges and Interest.

The Board may impose and collect reasonable late charges to encourage prompt payment ofAssessments. Until changed by resolution of the Board with advice of counsel, the Board maycollect a late charge: (a) when any Assessment or installment thereof is received by the Associationmore than fifteen (15) days beyond the due date of such Assessment or installment; (b) in an amountnot to exceed the greater of $50.00 or ten percent (10%) of the amount of said Assessment orinstallment. Delinquent Assessments shall bear interest from the date of delinquency at the rate of12% per annum, or the maximum rate permitted under RCW 19.52.020 on the date on which theAssessments became delinquent.

7.6. Fines.

The Board may impose and collect reasonable fines against Owners for violations of theGoverning Documents. PROVIDED, however, that no fine may be levied unless (1) the Board hasby resolution established a schedule of fines which has been furnished to all Owners prior to thealleged violation, and (2) the allegedly offending Owner has been provided with notice of and anopportunity to be heard at a hearing to be conducted pursuant to Section 7.10 of these Bylaws. Untilchanged by resolution of the Board with advice of counsel, the amount of any fine so assessed shallnot exceed one hundred dollars for a single offense or fifty dollars per diem for any offense of acontinuing nature, and shall be treated as a Specially Allocated Assessment against such Owner'sLot.

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7.7. No Waiver of Rights.

The failure of the Association, the Board of Directors or of an Owner to enforce any right,provision, covenant or condition which may be granted by the Governing Documents or the Act,shall not constitute a waiver of the right of the Association, the Board or the Owner to enforce suchright, provision, covenant or condition in the future.

7.8. Remedies Cumulative.

A suit to recover a money judgment for unpaid Assessments may be maintained withoutforeclosing or waiving the lien securing the same, and a foreclosure may be maintainednotwithstanding the pendency of any suit to recover a money judgment. All rights, remedies andprivileges granted to the Association, the Board of Directors or any Owner pursuant to any term,provision, covenant or condition of the Governing Documents or the Act shall be deemed to becumulative and the exercise of any one or more thereof shall not be deemed to constitute an electionof remedies, nor shall it preclude the party exercising the same from exercising such other privilegesas may be granted to such party by the Governing Documents or the Act or at law or in equity.

7.9. Alternative Forms of Dispute Resolution Authorized.

In addition to the rights, remedies and procedures described above, the Association may, withthe consent of an affected Owner and/or any other interested party, agree to resolve any disputethrough mediation, binding or non-binding arbitration, or such other alternative dispute resolutionmechanism as may be deemed appropriate, at the discretion of the Board.

7.10. Pre-Sanction Hearings.

In any cases under Section 7.6 or 7.7 of these Bylaws, where a fine or Specially AllocatedAssessment for misconduct is proposed, or when a suspension of membership privileges forviolation of the Governing Documents is proposed, or in any other case where the Board, in itsdiscretion, deems necessary or advisable, an allegedly offending Owner shall be afforded theopportunity for a hearing by the Board to determine the appropriateness of the action proposed tobe taken. A hearing will be governed by the procedure set forth below:

7.10.1. Notice of Violation. A written Notice of Violation shall be prepared andhand-delivered or mailed by registered or certified mail, return receipt requested, to such Owner athis or her last known mailing address. The Notice of Violation shall include:

(a) A statement, in reasonable detail, of the factual nature of any alleged violations,along with the Section number of any portion of the Governing Documents allegedly violated;

(b) The nature of the action proposed to be taken against such Owner, including thedollar amount of any fine which could be imposed under the Schedule of Fines;

(c) A date by which the Owner must mail or deliver a written Request For Hearingto the Association to contest the imposition of the proposed sanction (which date must be not less

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than 14 days following the delivery of the Notice of Violation) along with the address to which suchRequest For Hearing must be sent; and

(d) A date, which is not less than 30 days following the delivery of the Notice ofViolation, upon which the sanction would be imposed in the event that no hearing is requested bythe Owner.

7.10.2. Form and Contents of Request for Hearing. The Request for Hearing shallbe made in writing, shall be signed by or on behalf of the Owner, and shall contain a brief statementof any reasons known to the Owner that the proposed sanction should not be imposed.

7.10.3. Establishment of a Hearing Date. In the event that a hearing is requested byan Owner, no sanction may be imposed until the requested hearing is held. Upon receipt from anOwner of a Request For Hearing, a Notice of Hearing shall be prepared and hand-delivered, ormailed to such Owner by registered or certified mail, return receipt requested. The Notice of Hearingshall include the location, date and time of the hearing.

7.10.4. Hearing Procedures. At the hearing, the President, or his or her designee,shall preside. The hearing shall be conducted generally in accordance with the requirements forMeetings of the Board as provided in Section 5.3 of these Bylaws. Any Director who feels that itwould be impossible to be fair, objective and unbiased in the proceedings shall disqualify himselfor herself prior to the commencement of the hearing. Both the Owner who is the subject of thehearing and the Association may be represented by counsel. Minutes shall be taken and, if requestedby either the Association or the Owner, the hearing may be recorded either stenographically, or byaudio or video tape or equivalent means. After receiving proof of the giving of the two Noticesrequired by Sections 7.10.1 and 7.10.3 of these Bylaws, factual evidence in support of the allegationthat a violation has occurred will be received. Live testimony from witnesses with personalknowledge shall be received where practicable. Affidavits or declarations in the form required byRCW 9A.72.085 may, however, be received in lieu of live testimony as the interests of justice mayrequire, and formal adherence to legal rules of evidence shall not be required. Thereafter, evidencefrom the Owner, in defense or toward mitigation, shall be received. Any rebutting evidence maythen be received. Legible copies of all documentary evidence received shall be attached to theMinutes of the hearing. At the close of the evidence, both sides shall have the opportunity for legalargument.

7.10.5. Default. In the event that the Owner fails to appear at the hearing, (s)he maybe deemed to be in default, and upon receipt of proof of delivery of both of the Notices requiredunder Sections 7.10.1 and 7.10.3 of these Bylaws, and upon receipt of any satisfactory evidence thatestablishes the existence of the violation, the Board may render its decision forthwith.

7.10.6. Continuances. In its discretion, if the interests of justice appear torequire, the Board may continue the hearing at the request of either the Owner or any other affectedparty, for such reasonable period not to exceed thirty (30) days, as may be deemed necessary.

7.10.7. Decision. The Board may issue its decision at the close of the hearing, ormay adjourn and render its decision at a later date, not to exceed thirty (30) days following the date

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of the hearing or any continuation thereof. The decision shall be in writing, but need not containdetailed findings of fact or conclusions of law, and shall be delivered or mailed to the Owner and hisor her attorney on the date of issuance. The original copy of the decision shall be dated and signedby the presiding Officer, and filed among the Minutes of the Board of Directors.

7.10.8. Assurance of Voluntary Compliance in Lieu of Hearing. The Board may,with or without holding a hearing and at any time prior to rendering its Decision, accept from theOwner an Assurance of Voluntary Compliance in lieu of further proceedings, subject to such termsand conditions as may appear reasonable.

8. MANAGEMENT OF COMMUNITY.

8.1. Management by Board of Directors.

The Board of Directors shall have all of the powers and duties necessary for theadministration of the affairs of the Association and may do all such acts and things as are not by theGoverning Law or the Governing Documents required to be exercised and done by the Associationthrough a vote of the Owners. The Board of Directors is charged with the responsibility forformulating and adopting all policy decisions affecting the Community.

8.2. Professional Management.

8.2.1. Employment of Manager. This Section is reserved.

8.2.2. Management Agreement. This Section is reserved.

8.3. Bank Accounts for Operations and Reserves.

8.3.1. Insured Accounts - Retention of Funds Within State of Washington. TheBoard of Directors shall promptly deposit all sums collected for operating expenses or reserves ininsured accounts with reputable financial institutions. Accounts in the name of the Association overwhich a Managing Agent has any control must be maintained in a financial institution located in theState of Washington.

8.3.2. Commingling Prohibited. Amounts collected by the Board of Directors asAssessments for operating expenses or Reserves shall not be commingled with funds of any otherhomeowners association, nor with the funds of any Manager or any other person responsible for thecustody of such funds.

8.3.3. Reserve Accounts. Any reserve funds shall be kept in one or more segregated,interest bearing accounts, and any withdrawal transaction affecting such funds, including theissuance of checks, shall require the signatures of at least two persons who are Officers or Directorsof the Association.

16

8.4. Association Records.

8.4.1. Financial Records. The Treasurer, with the assistance of the Association'sManager and accountant, shall keep financial records sufficiently detailed to fully declare to eachOwner a true statement of the Association's financial condition. Where annual assessments exceed$5,000, the accrual method of accounting should be employed, and any expenses required by theCovenants to be charged to more than one but fewer than all Owners shall be accounted forseparately. At minimum, such records shall include:

(a) an "income statement" reflecting all income and expense activity forthe preceding quarter on an accrual basis;

(b) an "account activity statement" reflecting all receipt and disbursementactivity for the preceding quarter on a cash basis;

(c) an "account status report" reflecting the status of all accounts in an"actual" versus "projected" (budget) format;

(d) a "balance sheet" reflecting the financial condition of the Associationon an unaudited basis;

(e) a "budget report" reflecting any actual or pending obligations whichare in excess of budgeted amounts by an amount exceeding the operating reserves or ten percent ofa major budget category (as distinct from a specific line item in an expanded chart of accounts);

(f) a "delinquency report" listing all Owners who are delinquent in payingCommon Expense assessments and describing the status of any actions to collect such assessments;

(g) all canceled checks, bank statements, receipts and vouchers forexpenses and other source documents for income and expenses, for up to seven years; and

(h) the annual financial statement described in Section 8.5 hereof.

8.4.2. Other Records. The Secretary shall compile and maintain the followingrecords, documents and things:

(a) The original or a photocopy of the recorded Covenants and eachamendment to the Covenants;

(b) The Certificate of Incorporation and a copy or duplicate original of theArticles of Incorporation of the Association as filed with the Secretary of State;

(c) The Bylaws of the Association, and all amendments thereto;

(d) The Minute Books, including all Minutes, and the separate Book ofResolutions required by Section 6.6 hereof;

17

(e) Any rules and regulations that have been adopted;

(f) An inventory of all tangible personal property of the Association;

(g) If reasonably available, a copy of the Developer's plans andspecifications utilized in the construction of the Common Area improvements;

(h) Insurance policies or copies thereof for the Common Areas and theAssociation;

(i) Any other permits issued by governmental bodies applicable to theCommon Areas of the Community;

(j) All written warranties that are still in effect for any portions of theCommon Areas, or any other areas or facilities which the Association has the responsibility tomaintain and repair, from the contractor, subcontractors, suppliers, and manufacturers and all owners'manuals or instructions furnished with respect to installed equipment or building systems;

(k) A roster of Owners and their addresses, telephone numbers and e-mailaddresses, if known;

(l) Any employment contracts or service contracts in which theAssociation is one of the contracting parties or service contracts in which the Association or theOwners have an obligation or a responsibility, directly or indirectly, to pay some or all of the fee orcharge of the person performing the service; and

(m) All other contracts to which the Association is a party.

8.4.3. Ownership of Records, Inspection. All financial records and other books,records and documents of the Association are and shall remain the property of the Association, butshall be made reasonably available for examination and copying by the Association's Manager, anyOwner, or the Owner's authorized agents for legitimate reasons relating directly to the Association. However, the Association shall not release the unlisted telephone number of any Owner without suchOwner's consent, and shall protect any other information regarding any or all Owners that may bereasonably considered private and unrelated to Association’s legitimate affairs, or that are otherwiseprivileged from disclosure by law. The Association may impose and collect a reasonable charge forcopies and any reasonable costs incurred by the Association in providing access to records.

8.5. Preparation and Audit of Financial Statements. At least annually, the Associationshall prepare, or cause to be prepared, a financial statement of the Association in accordance withgenerally accepted accounting principles. The annual financial statements of an Association withannual Assessments of fifty thousand dollars or more are required by the Act to be audited at leastannually by a certified public accountant. This annual audit may, however, be waived annually bythe vote of Owners to which at least sixty-seven percent (67%) of the votes in the Association areallocated.

18

9. NOTICE.

9.1. Manner of Notice.

Notice to Lot Owners shall be provided in the manner prescribed in Section 4.7.6 hereof. Notice of Directors' Meetings shall be given as prescribed in Section 5.3.4 hereof. Mortgagees maybe entitled to notice by certified or registered mail pursuant to special provisions of the Covenants.

9.2. Waiver of Notice.

Whenever any notice is required to be given under the provisions of Governing Law, theCovenants or these Bylaws, a Waiver thereof, in a Record, signed by the person or persons entitledto such notice, whether signed before or after the time stated therein, shall be deemed equivalentthereto.

10. AMENDMENT OF BYLAWS.

Amendments to the Bylaws may be adopted at a duly constituted Meeting of the Associationif at least two-thirds of the votes of Owners present, in person or by proxy, are cast for suchAmendment, or without any meeting if all Owners have been duly notified and Owners holding atleast a majority of the votes in the Association consent in a Record to such amendment. Amendments may be proposed by the Board of Directors or by petition signed by Ownersrepresenting at least one-third of the votes in the Association.

11. MISCELLANEOUS.

11.1. Compliance with Law.

These Bylaws are set forth in compliance with the Governing Law, the Covenants, and theprovisions of the Corporation Act.

11.2. Conflict.

These Bylaws are subordinate and subject to Governing Law, the Corporation Act and theCovenants. In the event of any conflict between these Bylaws and the foregoing, the provisions ofthe foregoing shall control, in that order of priority.

11.3. Severability.

If any provision of these Bylaws or the application thereof in any circumstances is heldinvalid, the validity of the remainder of these Bylaws shall not be affected thereby, and to this endthe provisions of these Bylaws are declared to be severable.

19

11.4. Captions.

The captions (section headings) of these Bylaws are for convenience only and are not a part of these Bylaws and are not intended in any way to limit or enlarge the terms and provisions of these Bylaws.

11.5. Gender, Number.

Whenever in these Bylaws the context so pennits, the use of the singular shall include the plural and vice versa; the use of any gender shall be deemed to include all genders.

IN WITNESS WHEREOF, 48 North Association, a Washington Nonprofit Miscellaneous and Mutual corporation, has caused this instrument to be adopted as its Bylaws by resolution of its Board of Directors adopted on J IA. //Le d / 5-& , 2017.

ATTEST:

_________ , its Secretary.

20

RETURN TO:

Q_~~ 6vvs<){hlLLl tPo 0o ¥- 31ct

TITLE OF DOCUMENT: GRANTOR:

DOCUMENT AFFECTED: GRANTEE: ABBREV. LEGAL DESCRIPTJON: FULL LEGALS APPEAR: ASSESSOR'S TAX PARCEL NO.:

Land Title and Escrow

lllJ,)lllJIJ~IJl~IJIJ~IB/ Skagit County Auditor

7/14/2017 Page 1 Of $79.00

7 2:57PM

COVENANT PROTECTING SCENIC VIEWS CHANNEL CROSSING LIMITED LLABILITY COMPANY AF# 20 17 05020028, 2017 05020028 48 NORTH ANACORTES, L.L.C. PTN. NE 1/4, SE 1/4, S. 22, T 35, RlE WM PP.6, 7 P 31586, P133659; Pl33660; P\33661; Pl33662 P133663 ; P133664; P133665 ; P133666; P133667; P\33668; P133669; Pl33670; P133671 ; P133672; P133673 ; P133674; P\33675; P133676; Pl33677; P133678; Pl33679; P1336580 P133681 ; P\33682; P\33683; Pl33684; Pl33685 ; P133686; Pl33687; P133688; P133689;P133690; P133691

COVENANT PROTECTING SCENIC VIEWS

This Covenant is made by CHANNEL CROSSING LIMITED LIABILITY COMPANY,

a Washington Limited Liability Company (hereinafter referred to as the "Grantor"), for the use and benefit of 48 NORTH ANACORTES, L.L.C., a Washington Limited Liability Company,

(hereinafter referred to as the "Grantee").

The following recitals of fact are a material part of this instrument:

A. The Grantor is the sole owner in fee simple of a tract of land which is hereinafter

referred to as "Parcel A" and which is legally described as follows :

See attached Exhibit A.

B. The Grantee is the sole owner of a tract of land which is hereinafter referred to as

"Parcel B" and which is legally described as follows:

See attached Exhibit B.

C. The Granter wishes to grant and the Grantee wishes to receive certain covenants

benefitting Parcel B.

Now, therefore, in consideration of Ten Dollars and other valuable consideration, the

receipt and sufficiency of which are hereby acknowledged, the following grants, agreements , and

covenants and restrictions are made by the Parties:

1. GRANT OF COVENANTS. The Granter hereby grants to the Grantee the

covenants that follow in this instrument, for the purpose of preserving and maintaining scenic

views that benefit certain "Benefitted Owners," described hereinafter in greater detail , who own

an interest in Parcel B or who may in the future own platted Lots within Parcel B.

2. RESTRICTIONS ON USE OF PARCEL A. So that Grantee, its transferees,

successors and assigns may make full use and enjoyment of the scenic views generally described

in Paragraph 1 hereof, the following restrictions on the use and development of Parcel A shall

henceforth apply: In order to maintain for the Benefitted Owners certain territorial views to the

West and North across Parcel A, the maximum building height of any improvements shall be 3

stories, but no more than 35 feet (R2 District - Anacortes Municipal Code 17.36.090). The

maximum height of trees or vegetation shall be limited to grow no taller than 25 feet. This

covenant shall be appurtenant to and a covenant running with the land for the parcels owned by

the Benefitted Owners, described below in Section 3 hereof. Any violation of these provisions is

expressly declared to be a nuisance. Any trimming of trees or other vegetation that is necessary

to maintain the maximum height limit specified herein shall be accomplished at the sole cost and

expense of the owner of the lot or parcel within Parcel A on which the offending tree or

vegetation exists, within 60 days of the mailing of written notice to such owner of the violation

of this covenant.

3. BENEFITTED OWNERS. The covenant granted and/or described in Sections 1

and 2 hereof are intended to benefit Grantee and its transferees, specifically including any

owner[s] of each and every Lot and Tract in the Plat of 48 North Plat & P.U.D., their officers,

directors, family members, heirs, personal representatives, successors and assigns, and their

tenants, licensees and other lawful occupants.

4. ENFORCEMENT. Any aggrieved party may maintain an action in a court of

competent jurisdiction to abate or enjoin any violation of the terms and conditions of this

Covenant, including without limitation the provisions of Section 2 hereof; the prevailing party in

any such action shall be entitled to an award of attorneys' fees and costs. This Covenant shall be

2

enforceable by either the Benefitted Owners, or any of them or by 48 North Association, a

Washington Nonprofit Miscellaneous and Mutual Corporation that has been or will be

incorporated to serve as the homeowners association for the Plat of 48 North Plat & P.U.D., but

in order to avoid a multiplicity of suits, no Benefitted Owner[ s] shall maintain a separate cause

of action for enforcement if 48 No1ih Association has elected to maintain enforcement

proceedings.

5. RUNNING OF BENEFITS AND BURDENS. The covenants contained herein,

along with any and all benefits and burdens arising therefrom, and all covenants, conditions,

restrictions and reservations included herein are intended to become, and by the recordation of

this instrument shall be conclusively deemed to be legal and equitable servitudes which shall run

with the land of the above-described Parcels owned by Grantor and Grantee, and which shall be

binding upon both Parcels, and upon their respective owners and occupiers, and upon the

respective officers, directors, heirs, personal representatives, successors and assigns of such

parties, through all successive transfers of either Parcel and/or the granting of any security

interests therein, without requirement of further specific reference or inclusion in deeds,

contracts or security instruments, and regardless of any subsequent forfeiture , foreclosures, or

sales under security instruments, or of any forfeiture, foreclosures, or sales instituted for

nonpayment of governmental tax, levy or assessment of any kind.

6. CONSTRUCTION. The rule of strict construction does not apply to this grant.

This grant shall be given a reasonable construction so that the intention of the parties to confer

usable rights of enjoyment in the Grantee is carried out.

IN WITNESS WHEREOF the Grantor has caused this instrument to be executed this

lli dayof jLL~ , 2017.

SIGNATURES APPEAR ON THE FOLLOWING PAGES:

3

CHANNEL CROSSING LIMITED LIABILITY COMP ANY

By: STRANDBERG l ESTMENTS LLC, its Managing Member

By: ~~~~~----+---+-+-~~~~~Nels Strandberg, its

STATEOFWAS~d )

) SS.

COUNTY OF SKAGlT)

I hereby ce1tify that I know or have satisfactory evidence that Nels Strandberg is the person who

appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he

was authorized to execute the instrument and acknowledged it as the f'vl.1v1.1.~f1 13 mQh-\ber of

STRANDBERG INVESTMENTS LLC, in its capacity as the Managing Member of CHANNEL

CROSSlNG LIMITED LIABlLITY COMPANY, to be the free and voluntary act of such patty for the

uses and purposes mentioned in the instrument.

DATED: ~~ \l\ '2017.

LJ .4Nvn.,~~ NOTARY PUBLIC for the State of Washington,

Residing in J.v.u.( UVl.es ) J.JA , My Commission expires 4./ l /201 8 .

4

48 NORTH ANACORTES, L.L.C.

By Kendra Decker, its Manager

ST ATE OF WASHINGTON )

) SS.

COUNTY OF SKAGIT)

I hereby certify that I know or have satisfactory evidence that KcN1>(/l JJ&e1<eK. is the person who appeared before me, and said person acknowledged that she signed this instrument, on

oath stated that she was authorized to execute the instrument and acknowledged it as the

of 48 NORTH ANACORTES, L.L.C. , to be the free and voluntary act of such party for the uses and

purposes mentioned in the instrument.

DATED:

..

Notary Public State of Washingtoa

DIANA K WHITNEY MY COMMISSION EXPIRES

May 15, 2021

,

'2017.

NOTAR~f~on, Residing in ___,.J)'-"-"dU)'-=--'""'-------M y Commission expires /5 /.l/1Y c!/. CJ :l. /

5

EXHIBIT A

Legal Description of Grantor' s Parcel ["Parcel A"]

That portion of the Northeast 1/4 of the Southeast 1/4 of Section 22, Township 35 North, Range

1 East, W.M. , described as fo llows:

Beginning at the Southwest corner of said Northeast 1/4 of the Southeast 114; thence N011h

0°57'37" West along the West line of said subdivision, a distance of 568.64 feet to the Northerly

line of Oakes Avenue, being the true point of beginning; thence continue No11h 0°57'37" West a

distance of 309.33 feet; thence South 52°56'22" East a distance of 203.44 feet to the Northerly

line of Oakes Avenue; thence South 29°56' West along said Northerly line of Oakes Avenue a

distance of 153.67 feet; thence South 56°22'50" West along said Northerly line of Oakes

A venue, a distance of 96.65 feet to the true point of beginning.

Situate in the County of Skagit, State of Washington.

Property I.D. No. P 31586

6

EXHIBIT B

Legal Description of Grantee' s Parcel ["Parcel B"]

Lots 1-30 and Tract A, Tract B and Tract C of "48 North Plat & PUD'', recorded May 2, 2017

under Skagit County Auditor' s File No. 201705020028.

Situate in the County of Skagit, State of Washington.

7

1111111111! 11111 ~1111111111111llil1111111111 ~~11111111111Iii1111 201705020028 AUDITORS CJ2'~TIFICATE

48 NORTH PLAT & PUD Skagit County Auditor

5/2/2017 Page 1 of

$168.00 311:40AM RECORD OF SURVEY A~"°,.;)"'.~~U~E~:( OF DALE K. HERRIGSTAD

GENERAL INFORMATION 1. Assessor's Account No.s 350122-4-004-0000, P31681.. 2. Description and exception information is from the 3rd Revision to Subdivision Guarantee, Order No: 153377-0A, dated March 7, 2017. 3. This property is SUBJECT TO and TOGETHER WITH easements, reservations, restrictions, covenants and other instruments of record including but not limited to those instruments referred to in the Subdivision Guarantee referenced under Note 2 above. Said report lists documents recorded under Auditors File Number AF 732440 (Avigation Easement), AF 200807220033 (Record of Survey), AF 201607050142 (1 O' wide Puget Sound Easement over new utilities), AF 201612060089 (1 O' wide Puget Sound Easement over new utilities), AF 201612190147 (Covenants, Conditons and Restrictions on adjoining property) and AF 201702240096 (access and utility easement over Lot 17 as shown on the Plat). Deed of Trust recorded under AF 201605130083 (Skagit State Bank). 4. Residential Low Density (R2). 5. Water Supply: City of Anacortes. 6. Sewer Disposal: City of Anacortes 7. Storm Sewer: City of Anacortes

SECTION 22, TOWNSHIP 35 NORTH, RANGE 1 CITY OF ANACORTES, WASHINGTON

EAST, W.M. . '"~:~~:.::~·\.

,;;'"°''"'J;~~:·:~:::::·'·'.;;·:.~:'.;~~'.~\: SKAGIT COUNTY TREASURERS CERTIFICATE DEDICATION 1 ,,cd/''_,_,_;f''''''. .,\\ .\;\,, .,,,,,_,,,., .... ,,,,,.,, .... ;:·fr.

I certify that all taxes heretofore levied and which have become a lien upon the Know All Men by these Present thqt.,/SfSfiGIT ST~li€.. BAN)~\\ ~_rtgag~'''M).ider, and lands herein described have been fully paid and discharged accordin 48 NORTH ON FIDALGO ISLAND, Ll~, p:f;'pperty/tfwn;<)r of ti;\,~ lqpd hereby platted, records of my office, up to and including the year of 2o_L'l_. ~e~ • S a9/t declare this plat and dedica~\?;\to t~~. J:sr,,;,,df .~:@··· public. f~~y~fr. streets _and " d ~..:> OFFICIAi. Cb a~enues shown hereon an_~/t~e'\~.se t~.?reo!/f'Or all ~·:41b!1p pti_rposes consistent

.. _ 'l. I • ~ Jr r1 ~frJ ¢ ~ with the use thereof for ~pbl~f H~ghway.,\!_putcposes ,~get,ry~:ir with the right to make Cert1f1e~ this -UL.-=-- day of -- -- , 20 -1--· ~ JJJ .:<" all ne~e~sary slope for cut~ .. a~,~- fi~J,.s u1i9p tt,J.~_.)6'ts ... J:i.fid blocks shown hereon in

e-:r\-. { 1 ·_ ,1 • JJJ the original reasoq<JQ,~~ grad1rg\qf, rnt sud\_stf.@et~u,t:ind avenues shown hereon. ,..,J.Hl"'-Uu .. -+ ~'9'11 1~ • • • Th~ Owners an1.('th~i~'·'o~;~ig~ ~r~:P(t~~ive'r\tplJ/t'l?ims for damages a.gainst

~& · -;;;:- ¢-': wh1~h mayf;pe ot~eas P.~C:h;~? \~hE".'~,a'dJ.~C•awt pr'0pertres by the construction,

CITY OF ANACORTES APPROVALS $0f'Nas~'~~ drainage -;~~: 1 tl\':.\~ain:t~,, ; ~ .. :·~'•;c·Of:.:,w.;ai,lrco~,~,,}1fld or area.

The .Planning 1,ommi~~io_~ of ~h~ A City <;>f ~nacortes meeting in regular .. . .. \:,:c, ,,,~\\. \·:1,_,_. ···\,~~.:~'-''\;'<.-,. ·,'.~,, ., session on _2...:t_ __ Z....~Llt.J-- did find that the 48 North Plat & .,,/~:, ''\ · (·,. I ·1\., .. ,,,_ ·· ,,,;/' PUD serves the public use & interest & hos authorized the Subdivision ·~< \\ '\ .. ,,.,,'.,. l '\,. .,~:,,, Administrator to execute its written approval. 'r\.~ NQRTH ON4ij0 '''. 1§iAN'·o-.-LL-C

-. -~~----. ---;------·· ---- /'''"'"'.:::~'''•';!, "\,, ··~J l' ! Signature of Planning Director /:f. jr':.v···'·"·\/'. ·.;;\_ ··'·:,,.,,,".,., 1 .J···--~J? · I ~rovql by the .nG\:>!Jncil o.f thq t~ity of Anacortes, WA, this ;W /. ---.. .,l' .. ,, .. _. "'· 7 .. ;,,.··:<'C,_~

~1:=-day of UlliJ.CY~~?~-}'¥· 1) ,~:., 'it 1\~,IT STA:f.E·';f3ANK

ATTEST: City Clerk ~,·:::J...(: . .,ulL! ~--------------'77"',.,,.0··"·''''''>J,,~, .. ,. ','i\, ··~-\-~,\ Sfrat~,;' of Washington

approved this _:z_s day of Are 1L--,'.~l/'':c::,,,.·.~~··'1i.'''.';:'"~\,,,,'\,\,,,,::'."'''':·.",,.,:,,.,,,·,,;f~~~1ty 0~h~ra1gi~now of have satisfactory evidence that N...cls __ ~_bed-------- ~G' &' '·10. ·\';., -~,_,,,,,".,, .. ,, ... ,,,.,, .. Signed this instrument, on oath stated that ~/she/) ~/are) authorized to execute the

_.a~-=----- 1i·, t '·k 't,_ instrument and acknowledged it as the ~L------------------- of "'"'"'·"'·''''. \\ ··-;;.,, { } 48 NORTH ON FIDALGO ISLAND, LLC to be the free and

NOTES 1. Subject to Declaration of Covenants, Conditions, Restrictions, (CC&R's), recorded under;

AFN _Ja1'705o~Q~C\ 2. This plat is subject to the Tree Preservation Plan dated August 12, 2015 and recorded under;

AFN ~oom:J.oo~o

.,ii';'.'"·· <!,-·,,,.,;,,,. '\ \,,_ _Ji'' ;/ voluntary act of such party for the uses and purposes mentioned in the instrument . .-·"''~;,,.,, .. _/,;,;'.;:·'·"""''"',''"\,."· .,'\_;,.,, "·\~,;;._ ..... o\,;,,,,,,.,.:,;.,, .. Y .,/·':/' Given under my hand and official seal this ~ day of ~ \ 20 f1

<;:·. ·<.'· .,,,\, ···\,. '•'\·,,;,.,;;,;,;v,;o'.''.,, .. ;i'""' Notary Public in and for the State of Washingto~-- -------• -----· "'< "\·,_ "\·, "f(,_ '.'o D w . \), I I\\ I 111 I ! I 11

'\~:'i,,. 'c\~., [(: w Name printed CAl1M L cJlL_~-------- ,,,,''o l.;."'!.C.~1.;;:_,,,/ ··\~).., '\•,, ./! F Residing at AM.C.~.l ~A ~'~~·-::,'<o1ar1 E.r,;;.~..p~~

·.\,;\;.0

''·'\,r,_,.,,/·i''.,,/i)' My commissions ~~-pi-r~ ll-/l /zotB -----~~/g~~o1A~ ~~..... ~ .,<~/\,\;,, ,;,',i;,\1,,.://'·';;1·· \~· •• -1:;1..\v,.,,c~·:!}

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·{(',-;'·:::'·'''''~'\,,,.,,,.,~ 0

\'~,·~'\,,:\,':'1,\\,. __ ,.,,.//,'''~.::·::;:,;;,. \-; ~~~E M~I~~ M g~~E~N 111111 II I

c.• -.~- s '·"..!.:.--&, '20 o·~ 'fJ!1' -~-· ;~· .. , "::'.'.''<· Cf··,,,,,_'''"" J.;~, .. L.' _ .. /·/"'• 2610.39' 2-19-2009

'< :.,_,,_ r~O~~ ~~·~'' ~~0.,,._~"'"'.. 652. 60, 652. 60, ~' ~\ \, 1r'''Ah~ ·., <'"',/''f! ' ~ ~ , '· .. ,,. d~S v ··'" . ...... . " . . J "'""

State of Washington County of Skagit , r:

.... ,,,,,,,, .. , ... ";;;:,·,.:~ ,;~ ··~,,_ c~'0i~~ 9 cc ~ '2' C,ci .. :/'J"' ..... ,,, .. ,, .. ,,,,_,,,,,;~Ws ~\,_G~~i~~ \. ~ ~ ~ LJ.J 8

3. The PUD refer_ence nun:ber PUD-2015-0003 and date,j/bf /'r · ~ .,\\. '\·,,,., ~1.i/',;/· 0 ~ ~ S 88"39 46" £ ~ §3 l'vJ

I certify that I know of have satisfactory evisL.~n~e that ill~c\ ".[""_yed \u~--signed this instrument, on oath stated that ~she/) ~are) authorized to execute the

instrument and acknowledged it as the ~l.e ;i\-Rsid__er.:d__ approval shall be included m all deeds and contracts. ':~ t\ 0

••. ,/\ GOVf' LOT 2 ~ 655 36' 655 36' V) ~ .,•;,, A~::':,·,\~,~. ''it\ '1:1\,, c:; :f :1,: '\Y 1~ ~ "' . . ~ ~

- • .. ~ ' • ••• ' •• ,,._ ... _ .,, .,,.. 1''·· ._,, (/)._' /Y ~ ~ 4:) "' '-.::.. 8

,c;;".'t" -~~~~ ~ SITE ~ ., ~ .;:k,_

"' . 0) ~ (X) Li_ ~ <.O "'C

658.13' ~ ~ I

812.14 ~ ~ S 88°59 117" E ~ ~ - - ~

'\/ :~ le, ~ \_1/1~~~6.26' - ~ ~ SURVEY~ R~ C ERT~~,I C~ TE\,,,_,",:::'.b I h~-t"epy certify;;_ that the 4t.f. N~rth Plbt & PUD is based upon on(\ad~_al i~rvEfy,. and subd~isipn performed by me or under my sup~;:vis'l~n ot, Se'futlon 24~/To,\linship 35 North, Range 1 East,

fc.-,.,,~,.. W .M.;''''1;he"'\%?,,laC~i:~ ... d''-'i:f.V-C:',,.al),~/'·correct representation of the land -;;\ ·-'~<ur.;.~H_911Y\;rui"f,]',ryed·;.;;,;t.tU\lt:J.tic'·'"courses and distanc~s ar~ shown

..• ·:;, · ,.,. ·\l'.;_,~9.rreet!¥.''<;?n tt).e ground; and that I have complied with the

~ ~ ~ CORNER ~ ~ a ~lr) :: ~ ~

~ ~ ~~ V)~

CJ ~ CASE WITH COVER '-=--V) [CALCULATED CORNER (:::i 2-19-2009

SKAGIT STATE BANK to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument.

Given under my hand and official seal this 2J-t"1_ day of _Apvi 1 _____ , 20 11 ___ _ Notary Public in and for the State of Washington

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Name printed e.1.- l nr"\ D L ~l \ l ve~ ,,,,,~\:."!.~Hit:'";_,, A \ _. _A ~' ~ ··~OM o,\',o"•{<"_.p f,

Residing at Y\ a.. c__O< \C. .S. U) ---;;;~~ .. ·~"""" 1'9;;.. ~ M · · · 4/1 / ,,.,D 11'1 :::LJ.J • ~ 0:1A.RY • ::: y comm1ss1ons expires £.... "D .,;_..;:; "' .- :z=

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1111 OF'Wr-,,,, 11111111111111

LAND SURVEYOR

of

.:01'''"' ·\, '·'\;; · .. ~'P,fOVi§~pns<~f fhe statutes and platting regulations and that \~,. ·'\.. '!'\. i'Y~rmar\'ent,,fontfbl monuments have been established at each

_.,::'\. '\~'t ..... ~, \. '\,<~n'G:;,,,e~ery d:Jii{rolling corner of the parcel of land being fi

t -. ,le) FND MONUMENT IN~~ Q§

- 1321.27' V) 1327.27' 22 1 ~

S 39·37'49" E 2654.53' 27

OWNER/DEVELOPER 48 NORTH ON FIDALGO ISLAND LLC PO BOX 319

DALE HERRIGSTAD PLS 4320 WHISTLE LAKE ROAD ANACORTES, WA 98221

~-2-4-U? 17 •!(~• ·;;\ "''\ "'\, -~~:;ied. <Q~ I A J

'\.,,_ '\~, ;/, \;, DALr''.'K. HERRIGSTAD, P.L.S. 1 • - r .

·'·\, ···\,, P A! Certificate No. 27807

'''\,,,\,,:'';·:;,,,,,,,d'.·, ,,~./~;-· M ~ [ L 2 ~ 2 0 l 7 .. _.,,,;,_,_ .. :,,,..,. .... ,,. Date _ . ...,,_,,_, ___ _

ANACORTES, WA 98221

4320 Whistle Lake Road, Anacortes, WA 98221 (360) 299-8804

SECTION 22 TOWNSHIP 35N, RANGE 1 EAST, W.M. PUD-2015-0003 PW #16-005-DEV I

NONE In j j

SHEET 1 OF 3

SCALE: NOTED 1~v'IN BY: DKH IHERRIGSTAD ENGINEERING SURVEYING & SCALE: DATE: APRIL 2017 JOB 2015-53

~

EASEMlNI NOTE - - " "

fil PSE EASEMENTS UNDER AUDITORS FILE NUMBERS 201607050142 & 201612060089.

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48 NORTH PLAT & PUD I lllll~lll~ll~ll~~~~~~~'~'ijll~ll Ill ...... -:-·· 1.·~·~-

SECTION 22, TOWNSHIP 35 NORTH, RANGE 1 EAST, W.M. Skag it Couri~·l'''AudifP'C ''';:,. $168.00

5121~ . .Pii''~fl-1~·''.. '\~~} ·~\,, 3 11 :40AM

CITY OF ANACORTES, WASHINGTON

'~:''""''~'"••.:~::':~~··"'\, "'\,.:·::~;~" " LOT /1 P 315 8 3 SHORT PLAT ANA-98-002

LOT /3 P31682

--~_J AF #9806220012 C UR VE TAB LE -··'<- .,,, ... , .,,:,:.~";;,,.__ ... ,,,,,., ;;:'< '\. N 88°39'461 'vi

30 8155 SF

316.28 1

- , , "<t" ....... _, "<t" b cS (\J = 0 ....... .....

"<t" ..... _, = -, , b ..,: ~ IO -

_133.341_

10' SETBACK I 4

10)690 SF I 114101 I N 88°39146' v

112.28'

~ ....... cS t-..

_,,;;!'•" ,,.,::-,/'~~\;_. ''\\~,~·'·\.;:,~;::·:·.·.-,,,,,,,,,,,,,.,.,~~:;::;~« .. ,,;, .. ~~·.>: .. NUMBER RADIUS ARC LENGTH DELTA ANGLE../''·/·- ·.~·/';'t.JUMBER'=>~)'.RADitlS ·\~.RC LENGTH c1 610 00 1 83101 ro6 123· .. ·'~\. ·'·\,. ca?'"~, .. ,,.,:/·· so oo'1\·, ··\, 30 431

c2 61.50 1 165.121 140• 40 1oa»'i'~~\,. .,~\. ··'<:t2a··''';''' 9.a:-0.0 1 '\;/''' 5°.15 1

C3 57.501 89.13 1 99·4~j4g._ ·o:;,,,,, >~:,, C~ ,J'tfo.oJ?· 52.061

C4 57.50' 90.09 1 . 89° 46°~;ll. \h·,. ··\:"'-. ·.-~''£30~'-\:,;·---/'/-"'. 5ltf'.001 29.15 1

C5 67.50' 64.77' .. ,./r.:,-:,c~,;54•59/55•\\,,,;, ''\,.. C0S1, .,, .. J''/''647.501 39.201

C6 6 70.00' 83.10' \i; -\,, 7~b°1:,'.24\. \~, '\;:, ''\,,.. C32\,,,f'· 20.00' 10.06' C7 687.50' 1.~;;a7 1 .,:,~\ 11:@51~4-{::j:,. \, "~\ .. ,\f.33 20.00 1 22.64' c8 6B7.50' ···~1.6'11.r. ·\.,,3~t1a"a4: ··<. t. ··\ .. /'t34 20.001 26.36'

5 I , c9 50.00.'. 12'1!1J61'·\~ i~i~· 4~~o·a·"-=\,.. ·% c35 20.00 1 6.331

- ·;.S,~ ·1~. ·~I ·.~,. ··'~:- ·!;~~ .. ·~.(.· 8092 SF ~ C10 40.J)t)'1"''<·.- 62.Gt\;. ·~·''.:,, gg:~48"4J• ,,,,,. C36 647.50' 39.011

114141 I ~ Cll 40;00.1:. '\'\. 62.6 i;;_\! '>\99•4;~:,~t~ C37 522.50' 6 9.861

C12 ......... c:;:o oo~~f· ·.,,.. 10111 ,; ·1 20°45100· c3s 522 501 20 001

N 87.47158'1 v c1t'j•·i':·:~.:·.:·''.'·~,O~no 1 '\·~\,,_ ··.\,\29.871 .Ji' .P34°1314B1 C39 522:501 125.'401

86.60' I /l ~/'·;"''''·· .. ·-·o.;~'9'b.00 1 .• ,\,\, ''.3's-,;;:w._f·_./f~; 22·24153' c4o 552.501 80,82 ~ ~;c14;· 90.00 1",-;<:\.. ''''::BO~.Qp,~,.i·i"'· 19°06100• C41 552.50' 44.58'

6 I f;i '~_;Cl~~;. 90.0~t.' '\;, 65.57' 41° 44 131' C42 6 70.00 1 34.52 1

7682 SF gc,y-···pj'·-···'·-J,.~,"., &J7 "\\. 9o.oqr h· 30.001 19·06'00· LINE TABLE ~""' u ~ .,.... c~'8 ._, 90.D{J1 ·' 30 161 19°12100'

114161 //,·,:;.:,~/···R:·· '''\~"'\,''\'G,~9';;,,,,,,,:'.''''':·.,,:,.§'Q';qp.f//''. 30:02 1 19°06136' NUMBER BEARING • / ~0'. / f' · .. ,.[:\. c~o -,_,,,,,".,, .. 'BtfoO' 39.50' 20·11 127' u N 29·29113· E

N 87147 51::i. "~.•-;, -,~\ca,+ 80.001 33.751 24°10'07' L2 N 29°29113' E

1...._.,,P'"'·"'"''''!~,~;·,00 \J '~'\.,. .)l Cq2 80.001 34.21' 24°3010G6 L3 N 34°46117' E

DELTA ANGLE 21°47 132' 3°16 154 1

33°08 126' 18°33135' 3°281071

28°48120· 64°501581

75°31121' 18°07156 1

3°27'061

7°39 1 391

2·111351

13°00115' s·22'54' 4°37'21' 2°57'071

., _.1Jif~·.;'.':·'·""'''"',,,,.:~ -,,.,,.'\; .. -1

.\\, .,""\.,,, ,,,,,.,.:.,,, .. /' )~23 80.00' 16.551 11°51116' L 4 N 60°33 111 • 'W I 1, I ·d)'~.J.:ei' "\,, '\,, ""i''\·,. - .,.,.,./P-C24 80.00' 23.74 1 17°00'00' L5 N 39•30 1 431 E I~ ··~.'.,, ~t\·~ 7500 '\SF;~~, ~·· ,;,,_;o···· C25 80.00 1 30.02' 21130 100' L6 N 39"30'43' E

DISTANCE 21.20 1

17.30' 34.11' 20.021

22.27 1

22,22 1

40.641 1 'R · '-:~\,.~ *''-'\ [ill] l(' r w r--.. c26 00.00 1 41.16 1 29·28'39' L 7 s 88"59 117· E I 'f.\. '\•,,,, ./; J.f'' L8 s 54 °30' 43• 'W s 88°59'17' E 1 s 88~5- 9· ,~17, E I 1 ..., 1 .,\,,,:./-i"" t 4 'Ps._. ~;r~\v , NOTES

16,821

P56562 v .,;, 100.001 I .........

116.27 / 113.371 .. , ... '·'\c,. g I '.','\, ,.,../''. cq 1. 1 SET CONCRETE MON WITH BRASS CAP IN CASE WITH COVER.

110' PUBLIC I I '\,. ·µ,. I N I ·+;·.-· (Y) 2 .• SET RE-BAR AND RED CAP PLS. #27817.

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' UTILITY 23 I ' I 28 '-':!\. c¥/\. /, ~I I 8 I ~ 3. 0 FOUND EXISTING REBAR AND CAP MARKED PLS #9569 OR AS NOTED.

' ~ ~: I E&T 8287 SF I ~ I 1.p'79'3"6,,_,SF "::~4,,.·,,~·~ ~-;:'i-//·~·>~ 1 7500 SFI ~ w ~'.Sl~~E1P1;E~~2~~~D: CARLSON CR2 2" TOTAL STATION. 1:::; .,, 1 116051 1 It u.5~ 11 ,.,\,:," F;/-.. ,~.~ ·\}>i· .... ,,/- I 114201 .. 5. ALL coNcRETE MONUMENTS WERE v1s1TED oN 2-1-2017. I$ ~ I I j \.. .,., ... ·-·\... ···\,.,,,,. :><::J '-..\, · z,:-":"'·· j ~ 6. ERROR OF CLOSURE MEETS WASHINGTON STATE SURVEY STANDARDS. I ~ S 88°59'17' E ·''~· I \S oo•s9~1.;r E ''':''',·. _ I ·;·'"/··"'-I I N 87"47158' 1J (u 7. SURVEY METHOD: STANDARD FIELD TRAVERSE.

19 I I=: I /ru 117.78' 1< ··'·.\:, \ ~p~;i-· _,.•·<·,., .. I··,'.\·•· '1-- 100.00 1 / ~ 8. BASIS OF BEARINGS: Record of Survey, AF 200104030063.

. / v I C2 ~~\~;.. '\J,_~ \ ~.,.· .. +/'' .,.,«+/) , I '----10' PUBLIC ru 9.c::::JADDRESSES SHOWN ON PLAT.

7500 S. F ru/ / ~~ / /=l 2 4 .,:.·>'-''''''''-"''"''":t\'.0 ~'''i ~- i·~l \2 /(''. I ~I UTILITY ESMT / I :Z 10. SEE SHEET 3, PUD AND PLAT CONDITIONS #2 FOR BUILDING SETBACK c:: , v , , td .. f's-· i::::. 1i:;;k~ ·.,; .. 1 M''ii, ,,_ 'l I '0..1 IO' & 9 REou1REMENTs.

51 116041 (/)/ ' b ~ IF; 818.tf" .,/"'''''·''''.';,/''£: R ·;'tk;i/ ;~'1939 'irF @ t-..1 g ,y s I~ (/) RI 7' l\@03f' /R I-~,,. ·.\,~/"> I I" I 7500 SF/ ~

.. 62•..'."> J> 11{') I ,,, ''·: .,,.\j f';~, ~ I I 115021 ::'.3: iu <:'/, n / r--.. ·.:· ,,, -· .. ,, .,,, .,,. / I / c:.> ''ea , 0' 1v"' 1 22.so·l11.s I / :f\,,,s 8ITT?9'I~' E '~'. ·;;:= '\'§'" 88.59'17" E 1 1 • , , I

~ I f;i 'O I ROW ROW <,. ·\,. ·\ 'f~6.0 i\,, ~ ,;;' { 113.371 N 87 47 58 'ti OFFSET PROPERTY CORNER NOTES

t:n ~ II I ~ 18 II ,J/ ~:'L !-\.... '•'\, 2S ., l;:,:,.,., __ , ,, .. ;.!/ 1iY 2 6 100.00' I ~ ~ i I R7 7 81 s F I I~ .. ,.;/,/'·: :.:::~,;,,;-; ~, [ -/~'- ·.,\~,~;'~ ·':s·F_,., .. ,;·~~,.:;, ;': k I 8115 s F 1 o I : (/) I 11602 I ,J.;, '''\.,. .,~ '•\,. . =""f ... \i\·, '\·l,IS'fQJ R / 112 £ I 7 518 s F ~ ~

I \f·\··n1 ··,\, .,</ c,,\r· " 20''\·SETIMCK 115051 t; / A ~ / ~ "<t" · ,.~;~\ -;\EJ .,,_, " -·i"/ '- - ~.,~··= ~ -- J z " o 1504 n r--..

-~-; ·.I ·.~~ "I~ ......... ., LlO' SETBACK '\." N/ A N 88.59'17.'··''~j;·· .. /'L'' .,~, .. ~.:, '--.... - - - - - - - - 7 - - - - - ./ c, (J I

•'V W ,.,, ·<1 ',•' 7 4 3 I

-t--'---92-.i~ef~.:~·-;;.;_· ~<~""·:·::'::.;..·' .....,_J,;-/~. ···•;,;~~4\'.\·- . 5 74.191 c~ N 8?647'58' "'

/....

G) REBAR & CAP SET 1.00' S 32'20'58" W OF TRUE CORNER DUE TO FENCE.

@ REBAR & CAP SET 1.00' S 1'20'14" W OF TRUE CORNER DUE TO FENCE. Q) REBAR & CAP SET 0.75' N 1·0'43" E OF TRUE CORNER DUE TO FENCE. @ REBAR & CAP SET 0.50' N 13"21 '22" W OF TRUE CORNER DUE TO FENCE.

PRIVATE_JQ'._ SHA~D Ac.Cf-SL~>~ '•\J LATITUDE CIRCLE ~ 109.56' I ~CAP HERRIGSTAD~~r.~J)>£SMt.~: 2(}[~~2t£fl96 ""'" '.'.',"' N 88.59117' IJ 148.541

···""'"·· "ir·"~"~,<::""~" "7 16 Lo~ 11 I

0

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@ REBAR & CAP SET 1.00' S 62"27'00" E OF TRUE CORNER DUE TO FENCE.

@ REBAR & CAP SET 1.00' N 58'29'41" E OF TRUE CORNER DUE TO FENCE.

8054 SF 115061 I

"\ . .,,_ ... ,\,' ',~; '· :!; '\ '-0 ,f ~i 0 N 8?647158' IJ 15

94.511

= cS t-.. ~ ~

(J) REBAR & CAP SET 1.00' S 2"12'02" W OF CORNER DUE TO WATER METER BOX.

.,,_ PSu~,I.J.\,.. '·\~J. 1'~{;~1.~,,/s~/§ ~ 8092 SF 7930 SF 115161

30' SETBACK

12 °" (Y)

a5

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GRAPHIC SCALE 25 0 25 50 100 ~-I , , I

{ IN FEET ) 1 inch = 50 fl.

·"" \\;::::< ::,.,:,:.:::;:::~::·~:~~~: ::.::;~::~ ; s ~w xv 00.00' sooo· 76.~' ~ 'z

.;'('··· '\h '\,, '\~·- '\ \,.. 1/16TH S ggo59 17• E 50412' ' TPOB

D'WNER/DEVELDPER 48 NORTH ON FIDALGD ISLAND LLC PD BOX 319 ANACORTES, 'WA 98221

LAND SURVEYOR DALE HERRIGSTAD PLS 4320 'WHISTLE LAKE ROAD ANACORTES, 'WA 98221

'\\ "'-'~,,_ \\ ... ,\~. \L,,;·;:,v. CORNER * NO STRUCTURE ON '

''\.\·, .. ,\, % J\' ,,. ~ P82597 P82596 LOT 15 SHALL BE CLEARIDGE DIV. II "';, ·,\., { /~' ~ ~ TALLER THAN 25' AF #8204220013

·\.\·,. ''';·:,,,,,,,,,,o<' ·, ~f:' I FROM THE NE "'\.,,,. •. ,,/' \ I CORNER. P82595

• -.·.',"! ; ~.: ••• ':.~ !·.'="~~ ~-P82594 /

/

/ P82593

I

SHEET 2 OF 3

I PUD-2015-0003 PW 16-005-DEV I I DWN BY: DKH I HERRIGSTAD ENGINEERING & SURVEYING I SCALE: NOTED I

DATE: APRIL 2017 4320 Whistle Lake Road, Anacortes, WA 98221 (360) 299-8804 JOB 2015-53

48 NORTH PLAT & PUD SECTION 22, TOWNSHIP 35 NORTH, RANGE 1

CITY OF ANACORTES, WASHINGTON EAST, W.M.

111~1-ll]~JIJlll Skagit c~~,~~ll#i\fd'tg;ir .,~\. $168.00

§l:2'i~p1'11 "'Page '\,<,; a\/rf 3 11 :40AM

PUD AND PLAT CONDITIONS A (''":;:::·::~::~:;:::,\'\, ''\.:.::>· LEGAL DESCRIPTION .. , .. A·-;, ,,... .,,. ··-.,.,, • ., .• ,,., ··.'. UTILITY and ACCESS EASEMENTS & DEDICATIONS 48 NORTH PLAT & PUD

PUD-2015-0003

All parcels within the subdivision are subject to the "Findings of Fact and Conclusion of Law" as adopted by the Anacortes City Council on the 21st day of March, 2016. The following Conditions were required to be identified on the face of the Plat.

1 . An easement is hereby reserved for and conveyed to the CITY OF ANACORTES, PUGET SOUND ENERGY INC.(A.F. NO. 201607050142 & 201612060089), FRONTIER COMMUNICATIONS TELEPHONE COMPANY, CASCADE NATURAL GAS COMPANY, AND COMCAST CABLE TELEVISION COMPANY and their respective successors and

.. ";)':'-- • 1~~;_. -~.~f!. '·~·h._ '·-.•.·.-~~;;::~'~• I'·.-:... ··~\~":.

That portion of the South 1 /2 ~f.c>tlle . .otr!drtheast 1/:4, of-::~=the So~th<J.Q~~ .Jf4, of Section 22, Township 35 North, Range I East, W.M.,~_,'i}Jl"n9,,:S6uthea~W,ly of''{~ ~.RROWS BAY ROAD", EXCEPT the "COPPER MINE ROAD" along the Easr1;line ttlereof, .NitiJ EtCEPT th'e:, folfb:wing described tracts:

,.:~!'/~~.:.. ·~ .. ;~1~~, "!\~·~~~~d~f·~·:/·'-"' _,di!':";:~-'--' -: '·::,•:;--~! ~,~ i~=~·/f ! assigns under and upon the front ten (10) feet, or as shown on the plat, of front boundary lines all lots, tracts and spaces within the plot lying parallel with and adjoining all public street(s), as shown on the plat, in which to construct, operate, maintain, repair, replace and enlarge underground pipes, conduits.

a.) Beginning at tb~''·Soiit_~east "'t;?,rner _J!:f''fhe Sou~h:A'J{? of''the Northeast 1/4 of the Southeast 1/4 Of "d Sect· n· ''· \ ··.;·" '~=- .. ,i.. _,._,... .F··

1. (FF #10) The lots in this subdivision are subject to applicable water, sewer, and stormwater general facility and hookup fees and transportation, fire, and park impact fees. These fees are payable at levels in effect at the time of building permit issuance and may differ from those fee levels currently in effect; sewer and water latecomer charges may be payable.

cables and wires all necessary or convenient underground or ground mounted appurtenances thereto for the purpose of serving this subdivision and other property with electric, gas, telephone and other utility service, together with the right to enter upon the streets, lots, tracts and spaces at all times for the

SOI 10 , ~k ::i ··-~~. ··-~-;. -!~:-, _,-/!"~-· ~,·.~·~···

thence N~_rth 88.59~~6"-{i..YesF~.;q,!ong ~tt,.i:; s~~y:{fln~; .. ,!'Jf said South ~ of the Northeast 1I4 of the Southeg:if'':'l/,~. 30.dtJ f~hJo 'tl:i-? Wes't\line qfAl'ie "COPPER MINE ROAD"; thenti~· ce{l~in.Je:4;-1_ort~;. 8ffi~g?:4;6"·;·,w~st i8'~~sa·· feet;

.•.. •·;- ···-F ~.. ~·. ... .... • _);!)_ence;;,tj_ortti\·~:11 2!('.!~as~~,66~,-~4-,;~tet to the North line of the Southwest 1/4 of the Northeast

-:~f 1/!1-. of'tt_ie ·s0u:~~~asFi1/4\ ari/f1Jit.e·· true point of beginning of this description, said point being ···~\~he'"~9rthw~! d~eY'i,~f.. thaf~;~ertoin tract conveyed to the Port of Anacortes, a municipal purposes herein stated.

2. (FF #11) ZONING INFORMATION: Underlying Zone: Residential District (R2) Zone's Minimum Lot Size: 7,500 Square Feet

.,,8 . &:)rpoi'&.tj_on, oy,, __ de&!;J. recoaj_~r July 22, 1968, under Auditor's File No. 716164; 2. A 1 O foot private storm drainage easement across the North boundary 0ri~;:' ''·\~, thri~~ ff~T sd~~:_;,tr~-,,poirit of beginning run South 2"11'29" West along the West line of said Port Lots 2, 3 and Tract B as shown on the plat is hereby reserved for and \':\. ··-\ of A~€orte;~ tract\t9i·''~1stance of 15_ feet; .

Gross Acreage: 7.48 Acres (included 1/2 abutting ROW) co~veyed to Lots 2, 3 & 4 for _sto:m drai~age to service lots 2, 3 &,,;;,4''···-in,-,;,,~\. "\·,. ·=~\. .. thence-N'es~(;Parallel with the No~h hne of ~.aid Southwest 1/4 .of the Northeast 1/4 of the which to construct, operate, maintain, repair, replace and enlarge upd'erc;ir,9!;!!1<t>· ... ,,< ·'·'\_ South~i:ist ,ff 4 to the Easterly hne of the BURROWS BAY ROAD ; pipe~, thereto for the purpose of se~ing the lots here~n:. The mqiht~_!l6hce·'l;6f ·'-\., .,"··~nee ~\)'rtherly along said Easterly line to the North line of said Southwest 1/4 of the Northeast the improvements to the easement will be the respons1b1lity of ar#J ~Jiared by .. '\;,, 1/4 .PV'the Southeast 1/4;

Net Acreage: 7 .20 Acres Zone's Maximum Density: 4 Dwelling Units (DU) per Gross Acre Density Calculation: 4 DU 7.48 Acres = 29.92, rounded to 30 DU

the benefiting lots. \'~i. 'I,; ,,,-er:'-\_ ... ,,'t'i'i@"h"ce East along said North line to the true point of beginning.

3. A 10 foot private sanitary sewer easer:nent acro~,7:'°Artte'-'N~,~-w,~~~ · .. ,:b=~pndary o}} J~' b.) Beginning at the Southeast comer of the South 1/2 of the Northeast 1/4 of the Southeast 1/4; Lot 1 and Tract .B as shown ~m the plat .1s herebz(re~.~·\¥!§ .. ~" foF'\~nt:!,i1,~ofi1t~XZ,8-,,,·/'. jt' thence North 88"59' 46" West along the South line of said subdivision 30.00 feet to the West line of

Proposed Lots: 30 Lots + 1 Community Park

SETBACKS:

to Lot 2 fo~ s~nitary ~ewer pipes to service lot 4,. 1 ~,,,,-which ~'ll~. cCin.,.~tr~.~~ _,,"·,·/ the "COPPER MINE ROAD" and the true oint of be innin · operate, maintain, repair, replace and enlarge un.~erground pipe~"\. to~,__ the'·1.pu~p9'Se . : , " P . g g, of serving lot 2. The maintenance of the impro¥errtents to the ··~~as~ment will be thence continui: N?rt~ 88 59 46 West 781.88 feet, . . ...

Front Yard: For lots 3-17 only, the front setback is 10 feet for the residence & 20 feet for garages. All other lots must meet the 20 foot front yard setback for the R2 Zone. the responsibility of lot 2. 'oii, \i.. 'f.)_ :}': thence North 2 11 29 East 669.34 feet to the North hne of said subd1v1s1on;

··"''"'"., .. ,,,:,,,,.. ·'\. ·\. _{ j thence South 88'40'23" East along the North line of said subdivision 760.00 feet to the West line of 4. A 10 foot private sanitary sew.~r/'& .... ,~t9r~·;";qfafj\9g~\~,eserr:i~t _g:'tross the the "COPPER MINE ROAD";

Rear Yard:

West boundary of Lots 27. 28, .. ~lll" ~,.A~·o cis\~hd~.r ·&.i:t th·~··''·j)Tat .)$': hereby thence South Ci18'59" West along said road a distance of 664.96 feet to the true point of reserved for and conveyed to l;'qts ,gs, 27, 25~, 29t;, & ·30,,;,f,gr,,.,,si:J'nitary sewer & beginning.

For lots 3-17 feet.

only, the rear setback is increased from 20 feet to 30

All other lots must meet the 20 foot rear yard setback for the R2 Zone.

Side Yard: All lots shall meet the R2 side yard setback requirements for the R2 Zone.

3. (FF #15) A homeowner's association shall be established and be responsible for the maintenance of the bioretention swale (Tract A), landscaping buffer (Tract B) and community park (Tract C).

storm drainage pipes to service.''·>1pts'\:?6. 27, 2~i. 2lt & 30 in which to construct, operate, maintain, repcilt(L re~_lace and.l[:enwrge underground pipes for the purpose of serving the lots herey,jn. ·\,,,The mgint~hance of the improvements to the easement will be the responslt~i,iity'\of J&dd _,$'hared by the benefiting lots.

··~~~·::. 1,~~·rj; I .•:!:::=,!-~;;i'

5. A 10 fogtc\private sanitary sewer & ''~toq;rl''·drainage easement across the West bounddty of.. Lots 18, 19, 20, 21 &"!if-fact A as shown on the plat is hereby reserV'~.d f&:r. and conveyed to Lots 17, 18, 19, 20 & 21 for sanitary sewer & storm~'\9raiey,age pipes .. ,,:t!9, service lots 17, 18, 19, 20 & 21 in which to cox..riot'l;'~Jct, operat~.. ~intain,,jrep('_j,jr, replace and enlarge underground pipes for

4. (FF #19) Pursuant to AMC 16.50.120 (D), the applicant shall record ~·e ,pu'ff;q:_?e of se#¥jng\th..!ia/fot_.§f'herein. The maintenance of the improvements notice with the Skagit County Auditor's Office which provides a public t~ t~:®,;,,~aS'~.ent wi'R\be'',"~h~./'tesponsibility of and shared by the benefiting lots. record of any approved tree preservation plan and conservation areas; thE)l ·-\ -~~, .. ,,,,\, .. _ .. ,,,,.,,,,,,,.,_ .,,~~\ . .-.. /'''·· application of this title to the property; and that limitations on actions _jf't·\,, 6. ~ .. A\20 J?ot &'·''lP. foot public water main easement on and across Lots 12 & or affecting the property may exist. See recording number on sheet f.:~.. ..,\ 13 ~ps \?~'WIJ/O!i\,;,, th .. ~{;'plat is hereby reserved for and conveyed to the City of

'"'\, '''\, Ana~prfe~_.)fi"' whidf" to construct, operate, maintain, repair, replace and enlarge 5. (FF #20) This Subdivision is subject to the Tree Preservatis.fi"''Pibtl\ ·\; "<.:,. undetgrop·nd pipes for the purpose of serving this subdivision and other property Dated August 12, 2015. Retained Trees shall be maintaineg/'by_,,Jh~,,_,!9f:'· ·:',.'\. ·,-,_~ith ~ate;[ service, ~ogether with the right to e_nter upon the streets, lots, tracts owners, unless approved for removal by the City of Anacor.:tes.j-''' -. "'\.. on,9 s)1.a,9es at all times for the purposes herein stated.

6. (FF #21) The maximum permitted height for LQt 15 ~tall~r.be restrict~''i!,~·. '·\,~:o:):'.An'W~ccess and utility easement on and across Lot 17 is described in to twenty-five (25) feet from the high point of tl(!l ... Pr.ope~y &rt existing Tu· J.: Auditor's File No. 201702240096. grade. .-fr=·-~·:·. ··===~i. -~~:.-:.· "\;·~-.

1

··~~~~·~ _,/·~ •• ? . . . . .f'·· >.' ··;,, ·•,., ··;;,... .,,:,.,.,,, ... ,, .. ,_,,,..:- .. - .;:;· 8. Tract A 1s hereby dedicated to the City of Anacortes as a storm drainage

7. (FF Modifications) Lot coverage is m6'8"i'fiecf''trom .,.,R-2 .l-Qni~·~·\·.Q[st;l~t'..$,.,;::<"i" conveyance and water quality treatment facility. Tract A will be maintained by maximum of thirty-five (35) percenL,ttf.o..,;.fu,~xim m 0f';_;'tl1irl:~ ... sev~-~··-;arid the 48 North Home Owne~s _Associa_tion and the City of Anaco.rtes. The 48

·•:.\";_ -;~~::. .,,).J. ''h, .,,~"' \,. North Home Owners Assoc1at1on maintenance and upkeep requirements are one half (37.53). _,.,.p·\. "\, ·-,:,\. /',,:;:· J,./· -..;:.,;,.... '·\;,,. identified in the recorded Declaration of Covenants, Conditions, & Restrictions.

_,,:~/·'0 ,,}'' .,.\\ ·v' .. J'':·· ··;\,;/-'"' See Note #1 on sheet 1 of 3. All other maintenance and upkeep is the _,,,.d''' ,,/-'/' \\ ·'!{\~. responsibility of the City of Anacortes.

-~:, .. ·-·· ,,·.~·:~=· .~-:~L ··~~:; -~~\

'\;L ·;'!.;,_ .. ,Y-'.e .'.'].,.. .,\, '\,_ 9. Tract B is hereby dedicated to the 48 North Homeowners Association for the ·\.,, "'\:-.,//"' _.,;/"'. ·"\., _}: purposes of landscaping and landscape maintenance .

. --:.:-:.:..~·J:;':·~~=-J,·.:.·.~~=!~-:.=~ ·-·~\L ·:=-, ,~-:-:r,=·~::::·. -=:_:t,~~:-~--,/''"· ·"'\-;,. \~., ··\_ 10. Tract C is hereby dedicated to the 48 North Homeowners Association for the

//' _,,/"',,._.:.,·.-.·,"'''\,,.,,_ "e\... ''~\.. '1·\._ purposes of a Community Park to be maintained by the Homeowners Association. j{ .ft' 'i.~~~--. =\t~~: ··.'~t1~ -~~\..

fl~ t~ >::\. \, .,,\.,,/? 11. All common retaining walls will be the responsibility and owned by the 48 ..•. ;·:-'\ i1: \\. \ ·R·: .,.. North Homeowners Association. A 5 foot wide easement across Tract C and Lot

·( "\,,, \;~ ·\,,. F 1!! 30 for the length of the wall as shown on the plat map is granted to the '\, '\\ \L ··'·\., ,,/ ,k Homeowners Association for upkeep as identified in the recorded Declaration of

.... ;"•:·,-,,__ ·'·\,.. ''(\, "'\.,.. -.,,,_,,,,:,·,.s;•:f'. _·;'~j·· Covenants, Conditions, & Restrictions. See Note #1 on sheet 1 of 3.

Situate in the City of Anacortes, County of Skagit, State of Washington.

IMPERVIOUS COVERAGE LIMITATIONS Based on the storm water design for the plat the total impervious coverage for each lot is 48%.

LAND SURVEYOR 4 .:z_ 4_,2J?f) ,.:; .,, ::.,. ··,:·:':~::.':~·::.'·"',,·, ... ::::~::::\.'\\,;,; "''.;;,;.,"';,,,.,,,:,.,.,.c--·'j_._,. OWN ER /DEVELOP ER ./''· "\,°' ·.,\ \,, "'''·=>.·,•;--. ·····I;... ''i~'°· 48 NORTH ON FIDALGO ISLAND LLC ·-~.~\,; .. ..,_,\:· .. ,i\\ ... '\\·'io. -.,,_,,,,,.,,,,,,,,_,,;.,_/'0;;-' PO BOX 319

DALE HERRIGSTAD PLS 4320 WHISTLE LAKE ROAD ANACORTES, WA 98221 ,.,/\.. .,,~,"\.,. \,,_ \,_:~,, "\\., ANACORTES, WA 98221

'\<::\""' '\,,)\} '\,,,} PUD-2015-0003 PW 16-005-DEV "\'\:'\,::·.·:·:::~:~,,::.; :/.,/"'" OWN BY: DKH HERRI GSTAD ENGINEERING & SURVEYING SCALE: NOTED

SHEET 3 OF 3

DATE: APRIL 2017 4320 Whistle Lake Road, Anacortes, WA 98221 (360) 299-8804 JOB 2015-53

sns Office of the Secretary of State

Corporations & Charities Division

Congratulations:

Yo u have completed the initial filing to create a new bus iness enti ty. The next step in opening your new business is to complete a Business License Application. You may have completed th is step already. The Business License Application can be completed online or downloaded at: http://www.bls.dor.wa.gov .

If you have any questions about the Business License Appl ication, or would like a Business License Application package mailed to you, please call Business License Services at 1-800-45 1-7985.

G REGORY E TH ULIN 2200 RIMLAN D DR # 11 5 BELLINGHAM, WA 98226

James M. Dolliver Building 801 Capitol Way South • PO Box 40234

Olympia, WA 98504-0234 Tel : 360.725.0377

www.sos.wa.gov/corps

JMPORTANT

You have completed the initia l filing to c reate a new enti ty. To keep your filing status active and avoid administrative dissolution, you must:

I . File an Annual Report and pay the annual license fee each year before the anniversary o f the filing date for the entity. A notice to fi le your annual report will be sent to your registered agent. It is the corporation or LLC's responsibil ity to fi le the report even if no notice is received.

2. Maintain a Registered Agent and registered offi ce in this state. You must notify the Corporations Division if there are any changes in your registered agent, agent's address, or registered office address. Failure to notify the Corporations Div is ion o f changes will result in misrouted mail, and possibly adm inistrative dissolution.

If you have questi ons about report and registered agent requirements, please contact the Corporatio ns Di vision at 360-725-03 77 or visit our website at: htt p://www.sos.wa.gov/corps.

48 NORTH ASSOCIATION

2018 BUDGET: BASED ON AMORTIZED BUILD-OUT

Effective: January 1 - December 31, 2018 Adopted: November 30, 2017 Ratified: N/A

30 BUILDING SITES 2018 2018 2018 2018$530.00 ANNUAL ASSESSMENT* MONTHLY MO. PER HOME

INCOME BUDGET % TO REVENUE BUDGET BUDGET1000 Homeowner Assessments 5,830.00 44.58% 485.83 16.191200 Homeowner Initial Fees 5,500.00 42.05% 458.33 15.281500 Developer Assessments 1,748.34 13.37% 145.70 4.86Total Income: 13,078.34 100.00% 1,089.86 36.33

EXPENSESLoan Payable 4,000.00 24.03% 333.33 11.11

5000 Accounting: Tax Return 200.00 1.20% 16.67 0.565200 Insurance 1,000.00 6.01% 83.33 2.785300 Legal 100.00 0.60% 8.33 0.285400 Licenses, Fees & Permits 10.00 0.06% 0.83 0.035500 Management Services: Contract 3,552.00 21.34% 296.00 9.875700 Office Expense 120.00 0.72% 10.00 0.33Total Administrative Expenses: 8,982.00 53.97% 748.50 24.95

UTILITIES6500 Water: Irrigation 1,000.00 6.01% 83.33 2.78Total Utilities: 1,000.00 6.01% 83.33 2.78

MAINTENANCE7000 Landscape Maintenance Contract 6,276.00 37.71% 523.00 17.437100 Landscape Maintenance Extras 100.00 0.60% 8.33 0.287230 Bioswale Maintenance 100.00 0.60% 8.33 0.287300 Backflow Apparatus Testing 65.00 0.39% 5.42 0.187500 Common Area Maint. & Repairs 120.00 0.72% 10.00 0.33Total Maintenance Expenses: 6,661.00 40.02% 555.08 18.50

TOTAL OPERATING EXPENSE: 16,643.00 100.00% 1,386.92 46.23

8000 Reserve Contribution: 0.00% 0.00 0.00

Total Expenses: 16,643.00 100.00% 1,386.92 46.23 GAIN / (LOSS) (3,564.66) *Note: Due to amortized $530.00 annual assessment schedule, anticipated Total Income does not match

Total Expenses as the basis for the annual assessment.

48°NORTH Homeowners Association

BOARD OF DIRECTORS RESOLUTION #2-2018 Architectural Review & Design Policy

WHEREAS the undersigned, all being Directors of the 48 North Association (the "Association"), and

WHEREAS pursuant to the Association's Declaration §4.2 Initial Construction of Dwellings and Other Improvements Within Lots.; Bylaws §5.11. Advisory Committees.; Declaration ARTICLE XIII COMPLIANCE WITH LAW AND COVENANTS, initial property improvements are under the direction of the Declarant, and compliance for any addition, alteration or improvement upon any Lot is enforced by the Association's Board of Directors,

NOW THEREFORE BE IT RESOLVED THAT • The Architectural Review & Design Policy (attached) has been adopted to provide

Owner's with standardized application, review and approval standards and expectations.

• The review and approval process may, in the future, be administered by an advisory Architectural Review Committee appointed by the Board of Directors by Resolution.

• Owner's must comply to the property improvement design standards' application and approval process, as well as adhere to any and all necessary property improvement maintenance.

Pursuant to the Washington Non-Profit Corporations Act, RCW 24.03.465 and Association Bylaws §4. 9 Action bv Members Without a Meeting. which provides that any action which may be taken at a meeting of the directors, may be taken without a meeting if a written consent form is signed by all Directors.

his 2.8~ day of M ~ 1 2o_ill_

Recorded in the Book of Minutes: Date

1

Association Architectural Review & Design Policy

Architectural Review Committee

Initially, Architectural Review Committee (ARC) consists of the Board of Directors. The ARC endeavors to

sustain and improve property values by managing the design and appearance of additions and

alterations within the 48 North community. The ARC will review all submittals for such external

aesthetic alterations (including all structures and some landscaping modifications including installation

of trees, expanding planting beds, etc.) by applying the following standards and design guidelines and

will keep permanent records of all Applications and approvals/denials.

ARC Applications are subject to Declaration 4.2 Initial Construction of Dwellings and Other

Improvements Within Lots. No construction or external alterations can be commenced without first

submitting and gaining written approval from the ARC. All such alterations must comply with applicable

municipal and building codes and design guidelines. Since the guidelines cannot contain every possible

proposed alteration, the ARC can authorize its discretion when approving or denying each Application.

It is not the responsibility of the ARC to review municipal, local and county codes and building permit

requirements of the local authorities with jurisdiction. Compliance with local laws and codes is the sole

responsibility of Owners. The ARC is not liable for any action or inaction done in good faith and in

consideration of the overall aesthetics and good of the community in general.

Submittal Procedures

● Proposed construction and modifications must be submitted to the ARC with a completed

project Application (attached) at least 30 days prior to the start of construction, and must

include the following:

○ Project summary (materials, specifications, colors, and detailed diagrams), including a

site plan indicating current structures and impervious surfaces. (Drawings must be at ⅛

or ¼ inch scale to the linear foot.)

○ Brochures and/or photos, if applicable.

48 North Association : Architectural Review and Design Policy 3-2018

2

○ A signed construction agreement if a licensed contractor has been engaged.

● The ARC will have 14 days to review the submittal before responding in writing to the Applicant

by either 1) approving, 2) approving a variance subject to certain conditions (to be outlined in

the response), or 3) declining.

● Upon approval, a property improvement project commenced must be completed within a timely

manner, which may be subject to Board of Directors evaluation and discretion. The ARC may

grant a completion extension upon written request by the Applicant.

● If an Application is denied, the applicant may appeal to the Board of Directors in writing and

request an in-person meeting. The Board may invite neighboring Owners to an in-person

appeal. The Board must respond in writing within 45 days with either approval or denial of an

appeal review.

Design Guidelines and Standards

● Exterior Colors

○ All exterior colors must be approved by the ARC.

○ The ARC does not need to approve of any re-painting of the same (previously approved)

color(s).

● Fences and Hedges (serving as fences)

○ The ARC must approve new fences as well as proposals for modifications to existing

fences and gates. Wood fences are not allowed in front yards extending beyond the

front perimeter of the residence’s structure.

○ Fences must be constructed of wood or similar material and must not exceed 7 ft. in

height. Hedges serving as “green” fences must be maintained at the height stated in the

Application and may not encroach on neighboring yards or common areas.

○ Fences must conform with the style and design of fences currently in the community. A

semi-transparent wood-colored stain is recommended, although the ARC may approve

an alternate preservative coating. Under no circumstances will a fence be allowed to

weather.

○ Neighboring Lot Owner’s must share equally in the cost of maintaining adjoining Lot

fences, in absence of an agreement to the contrary.


3

○ Note: City of Anacortes Municipal Code, Chapter 17.52 Fences, Walls, and Hedges

applies.

● Decks, Patios, Porches, Trellis, Arbors, Pergolas, Awnings, etc.

○ All proposed construction projects, installations, and landscaping elements must be

approved by the ARC.

○ The application must include a detailed depiction of the structure (including the

materials, dimensions, location and color).

○ The design of the structure must fit the character of the home and community.

○ Fiberglass and plastic awnings will not be permitted.

● Antennae, Poles & Satellite Dishes

○ Approval for satellite dishes is unnecessary if the dish is not larger than 39” in diameter,

if it is installed in an inconspicuous location, and if the color and finish of the dish

minimize its visibility.

○ Exterior poles and towers (freestanding or attached to structures) are not permitted.

○ Flag poles must be submitted for approval and may not be placed in a manner that may

infringe on neighboring lot views or in any case exceed the roof peak height of the

home, i.e. the location of the pole lines up with the home’s highest peak. Approval is

not required for a single bracket attached to the home.

● Heating & Air Conditioning

○ HVAC units do not require ARC approval, however, they should be placed so as to

minimize noise and visibility from the street and surrounding homes.

○ Portable AC window units may not be placed in windows visible from the street. Noise

nuisance should be considered when placing portable AC window units.

● Clothes Lines

○ Installation of permanent clothes lines are not permitted. Retractable clotheslines may

be permitted if not visible from the street and not offensive to neighboring Owners--the

Board of Directors retains discretion on interpreting “offensive.”


4

● Dog Runs & Dog Houses

○ Dog runs/houses must be submitted for ARC approval and must include a detailed

depiction of the proposed area and construction materials.

○ Dog runs/houses shall be located behind the home, or behind a fence and as close to

the home as possible.

○ The size and style of the dog run and/or house must be appropriate for the size of the

home and lot, and in keeping with the character of the community. Please be

considerate of neighbors and ensure sight, smell, and noise are not offensive--the Board

of Directors retains discretion on interpreting “offensive.”

● Play Equipment

○ ARC approval is required for all play equipment, play houses, jungle gyms, etc.

○ The size of the equipment should be in keeping with the size and dimensions of the lot.

○ All basketball hoops (both portable and permanent installations) are subject to ARC

approval. Please be considerate of neighbors and noise nuisance.

○ Screening (through vegetation and/or fencing) is recommended to protect the view of

adjacent homes.

● Swimming Pools, Spas & Hot Tubs

○ ARC approval is required for all swimming pools, spas and hot tubs.

○ Swimming pools, spas and hot tubs should be located to minimize visibility from

adjacent homes. This should include landscaping or fence screening.

● Parking & Storage of Vehicles, Boats & Trailers

○ Per Article 9.1.8.2 of the Declaration, all RVs, trailers, boats, etc. must be kept within a

garage or approved accessory structure.

○ Designs for an accessory structure must be submitted to the ARC including an accurate

depiction of the structure, and a summary of materials, color, and location.


5

● Vegetation & Landscaping

○ Landscaping alterations and trees must be submitted for ARC review. In general,

flowers, bulbs and shrubs maintained at waist level do not require ARC review, unless

shrubs are planted as a hedge.

○ Declaration Article 4.6.2 and 9.1.4 provides restrictions to trees and other vegetation,

which must be maintained and should not be allowed to grow higher than the ridge of

the roof of the home. Homeowners shall be solely responsible for adherence to these

restrictions and are subject to compliance proceedings for violations.

○ Ensure trees and shrubs are maintained so as not to encroach on neighboring yards or

common areas.

● Trash & Recycling Containers

○ Containers must be stored out of sight—in garages, rear yards, or behind an approved

fence, enclosure, or landscaping screen.

● Storage Sheds and Accessory Structures

○ ARC approval is required for all storage sheds and other outbuildings. The application

should include an accurate depiction of the structure, including dimensions, location,

materials and color.

○ The size and style of accessory must be appropriate for the size of the home and lot, and

in keeping with the character of the community.

○ Sheds must be placed on pier blocks, concrete or paver foundation, with a minimum

setback of five (5) feet from the rear property line and three (3) feet from any side

property line. Note: City of Anacortes Municipal Code 17.28.060 C. 1. applies.

● Signs

○ Per Article 9.1.9 of the Declaration, at this time no signs are allowed to be displayed on

the home or lot, in view of the public. Note: In the future, the Board of Directors may

establish a Rules policy regarding signs.

○ Small, discrete commercial security and no soliciting signage, etc. may be located at

exterior doors, although the Board of Directors retains the right of discretion on the

appropriateness of the size, appearance, and location.


6

● Outdoor Kitchens, Barbeques and Firepits

○ Outdoor kitchens and barbeques may not be located or utilized in front yards.

○ Installation or construction of permanent structure outdoor kitchens require ARC

approval.

○ Outdoor wood burning, including chimineas, burn pits and burn piles are not permitted.

○ Note: City of Anacortes Municipal Code 9.06.040 Public nuisance defined. 4. applies.

Please be considerate of neighbors and consider the impact of smells, smoke, soot and

gases emitted.

Revisions

The Board of Directors may amend or revise the provisions of the Architectural Design Policy if there is a

demonstrated need or legal requirement. However, no such amendments will take effect until the

Board has approved the policy changes by Resolution, and such changes will not affect any projects

approved by the ARC prior to the enactment of the change.

Note: Approval of plans for one applicant does not necessarily represent a precedent which removes

the necessity of further applications for the same or similar project for other homeowners, nor does it

ensure that the same or similar project will be approved. Each project governed by the architectural

design policy requires individual application and approval by the 48 North Association ARC.

48 North Association - ARC Application 3/2018

48 NORTH ASSOCIATION ARCHITECTURAL REVIEW COMMITTEE APPLICATION

For Exterior Home and Landscape Improvements or Changes

Architectural Review Committee (“ARC”) or Board of Directors approval is required for any improvements, buildings, changes, landscaping and other modifications to the outside of your house or your property. Written approval is required before work can begin. You should receive a response within 14 days after your completed application, including all attachments, is received.

Direct questions to: Shelly Parfitt / A’Town Community Management 360.757.4904 or via email: [email protected]

EVERY APPLICATION MUST HAVE ATTACHED: • A site plan showing the location of current structures and impervious surfaces, and the proposed change or improvement

and all dimensions including distances from property lines, easements, and existing structures. • Any pertinent details regarding your project (as applicable): pictures, plans, specifications, drawings, photographs,

paint chips, impervious surface calculation, etc.

MAIL APPLICATION TO: 48 NORTH ASSOCIATION C/O A’Town Community Management PO Box 1036 Anacortes, WA 98221

EMAIL APPLICATION TO: [email protected]

OWNER NAME (please print)

DAYTIME PHONE

NUMBER

LOT #

EMAIL

LOT ADDRESS

Mailing Address

(if different)

Project Description: (Attach another sheet if necessary) List colors, materials, siding, roofing, square footage, measurements, etc. Refer to Architectural Review & Design Policy.



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48 North Association - ARC Application 3/2018

PAGE 2 -- 48 NORTH ASSOCIATION ARCHITECTURAL REVIEW COMMITTEE APPLICATION

Owner Name: Project:

1. Project Start Date: 2. Approximate time for completion of project? __________________________________________________ 3. Who will be doing the work? ___________________________________________________________________ 4. Is a Permit required? Has it obtained? _________________________________________________________ 5. Will this impact the common areas? ____________________________________________________________ 6. Will this impact neighbors? ____________________________________________________________________

If YES, please have neighbors sign in section below. A neighbor’s signature does not imply approval of the modification; only that the neighbor has been made aware of this modification request.

Neighbor Acknowledgement Signature:

Print Name:

Address:

Signature:

Print Name:

Address:

ADDITIONAL INFORMATION: 1. Association approval does not constitute approval to proceed if the required work permits have not been obtained.

Please be advised that approval by the ARC or Board of Directors does not constitute approval by the city, county or any other agency with governing jurisdiction. Nor does the ARC review applications for structural integrity. It is the responsibility of the Applicant to contact the local jurisdiction to ensure that all projects meet code and have all other necessary permits/approval prior to beginning the project.

2. Washington law requires you to “Call Before You Dig”, prior to any digging or excavation to protect you and underground utilities. (www.callbeforeyoudig.com, 1-800-424-5555).

3. Please allow at least 14 days for review and approval from the date of your application. Work started before receipt of approval is done at your risk, and if the project cannot be approved, the affected area must be returned to its original condition. Property Improvement approval must be received by the Owner in writing.

4. Property access for ARC representatives might be required to review the project. (An Association representative will contact the owners in advance and schedule access.)

5. All contractors must abide by policies established by the governing municipality and the Association pertaining to access, hours of work, noise and cleanup.

6. All improvements must be completed in a timely manner, unless otherwise approved by the ARC or Board of Directors.

7. Include with application form any details regarding your project, including but not limited to: paint color chips, a brochure, drawing or project plan.

I understand that I have sole responsibility for obtaining all necessary permits, calling underground utility locator service, and complying with all setbacks and easements. The information above is complete and accurate. Property Owner’s Signature: ____________________________________ Date: _________________

****FOR ARC USE ONLY***

APPROVED ______________________________ DENIED: _________________________________

CONDITIONAL APPROVAL: _____________________________________________________________

________________________________________________________________________________________

DATE: _____________________

http://www.callbeforeyoudig.com/

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Landed Gentry Homes | - Introduction · 2018. 5. 1. · Landed Gentry designed this Homeowner...

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Transcript of Landed Gentry Homes | - Introduction · 2018. 5. 1. · Landed Gentry designed this Homeowner...