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DECLARATION OF PROTECTIVE COVENANTS AND EASEMENTS

RIVIERA CHELAN Transcribed from the following legal documents:

Chelan County, WA AFN #s 656703, 9309280116, 2433663 (This transcription provided for ease of reading and reference only)

of 14 Chelan County, WA AFN #s 656703, 9309280116, 2433663

The undersigned, INVESTMENT SYNDICATES INC., a Washington corporation is acquiring the real property described in the plat of Riviera Chelan No. 1 as recorded in the auditor’s records of Chelan County, Washington. Such real property is a part of a large tract of land which is intended to be developed under the name Riviera Chelan. The plat of Riviera Chelan No. 1 is a portion of the entire Riviera Chelan development plan and further portions will be platted later. Among other things the plan includes recreational and service facilities such as swimming pools and tennis courts located on various portions of the entire development property. As the entire development is completed, separate areas will be designated by the developer as divisions encompassing one or more adjacent plats. Each division shall have facilities as designated by the developer for the use and enjoyment of the lot owners in the division. For each division there will be a non-profit community club corporation to operate and maintain the facilities within its division. Other facilities may be made available to owners in the entire development or some of the divisions through other corporations. Until completion of the entire development, any or all of the facilities in the various divisions may be made available to owners in any portion of the entire development on such terms as the developer deems appropriate to afford all owners reasonable recreational and service facilities. The plat of Riviera Chelan No. 1 is a part of the first division. The first division will consist of one or more additional plats. Therefore the undersigned in furtherance of such plan of development does hereby declare and establish the following covenants, restrictions and easements appurtenant: ARTICLE I – DEFINITIONS AND IMPLEMENTATION Section 1. Unless the context clearly indicates otherwise, as used herein the words:

(a) “Declarant” shall refer to Investment Syndicates Inc., a Washington corporation or its successors or assigns.

(b) “Plat” shall refer to the plat of Riviera Chelan No. 1 and any other plat of real property in Chelan County, Washington, which may hereafter be made subject to the provisions of this instrument by the Declarant.

(c) “Real property” shall refer to the real property described in any plat. (d) “Division” shall refer to one or more contiguous plats, which may hereafter be

combined as a part of the entire development by the Declarant. (e) “Entire development” shall refer to all of the plats and real property in Chelan

County, Washington, which may hereafter be combined as an integrated development of real property by the Declarant.





(f) “Lot” or “lots” shall refer to the lots shown on each plat, except for such lots as may be excluded from this definition by the Declarant. Lots number 801 and 513 on the plat of Riviera Chelan No. 1 are excluded from this definition.

(g) “Club” shall refer to each non-profit corporation now or hereafter formed and designated by the Declarant for the purpose of holding properties and property rights and providing services and facilities primarily for the benefit of the parties in interest in the real property comprising a division.

(h) “Committee” shall refer to the Architectural Control Committee as created hereby. (i) “Owner” shall refer to the holder of a fee simple interest in any portion of real

property except for any portion subject to a contract for the sale thereof, in which event “owner” shall refer to the holder of the vendee’s interest under such contract, all to the exclusion of any other interest in the real property. A Club, shall not be an owner regardless of any interest it may hold in the real property. Such interests shall be determined by the public records of Chelan County, Washington.

Section 2. The Declarant may from time to time establish a division of the entire development and may establish the entire development by placing a written instrument of record in Chelan County, Washington, declaring such fact and thereby the division or the entire development so established shall be finally determined. Until such time as the entire development may be so finally determined, plats may be made subject to the provisions of this instrument from time to time by written instruments recorded with the auditor of Chelan County, Washington, signed by the Declarant. Such instrument may further limit the extent to which the real property described therein may be subject to the provisions hereof, may modify the provisions hereof with respect to such real property and may provide for additional restrictions, covenants and easements with respect thereto. Section 3. The Club for each division shall be hereafter designated by written instrument made by Declarant and recorded with the auditor of Chelan County, Washington. ARTICLE II – LAND USE RESTRICTIONS

1. No lot shall be used for any other purpose than residential purposes or for purposes of maintaining facilities owned or used by a club. No structure of a temporary character such as a basement, tent, shack, barn, garage, or out building shall be used on the real property as a residence either temporarily or permanently.

2. The work of constructing, altering or repairing any structure on a lot shall be diligently prosecuted from its commencement until completion and in any event the exterior appearance thereof shall be completed within four (4) months after the commencement thereof.





3. No sign of any kind shall be permitted to be displayed on any lot without the prior written consent of the Committee. The Declarant or the Club shall have and reserve the right to remove any sign displayed in violation hereof.

4. No firearms shall be used for hunting or target practice on the real property. No open fires shall be permitted on the real property except in incinerator containers, barbecue facilities, or camp fire locations which may be established and designated by a Club.

5. No animals shall be kept on the real property except for household pets which do not unreasonably interfere with the quiet enjoyment of the real property.

6. Each lot and the external appearance of improvements thereon shall be maintained in a clean, neat and orderly condition and in good repair. No trash, junk, debris, building materials or equipment, cut growth or other waste shall be permitted to accumulate on any lot, except that the reasonable keeping of building materials more than twenty feet from any road incident to construction on the lot shall be permitted. No lot shall be permitted to become overgrown with noxious weeds or other noxious growth. In the event of breach of the provisions of this paragraph which remains uncured after 10 days written notice is sent by mail to the last known address of the owner of a lot, the Club or its agents may enter upon the lot and cure any such default and the costs thereof shall be paid by the owner to the Club on demand. Such cost shall be secured by a lien on the lot as provided for in Article IV.

7. No lot may be subdivided except in the case where two or more lots are combined and subdivided to make two or more lots, each of which are larger than the smallest of the original lots. In such a case, each of the lots resulting from such subdivision shall be a lot for the purpose hereof.

8. No activity or thing shall be permitted on the real property or any part thereof which shall unreasonably interfere with the use and enjoyment of any other part of the real property or constitute a nuisance.





9. No commercial vehicle, equipment, or paraphernalia shall be permitted to be maintained on a lot unless wholly screened from view of adjacent parts of the real property.

ARTICLE III – BUILDING RESTRICTIONS Section 1. Each dwelling or other structure placed on a lot shall conform strictly to a minimum uniform pattern of external appearance as defined in this Article III. The intent of these definitions is to require that each structure and dwelling appear as a harmonious part of the entire development without sacrificing individual expression of design. The provisions of this Article III shall be strictly construed to accomplish this purpose and against the free use of the property. In the event of question of interpretation of whether the external appearance of any structure placed or proposed to be placed on a lot shall conform to this Article III, any and all parties interested in the real property agree to be bound by and comply with the decision of the Committee. Therefore no dwelling or other structure shall be erected, placed or permitted on any lot unless its external appearance shall conform to the following:

(a) The roof shall be constructed of natural materials such as cedar shakes or shingles, slate or gravel, provided, however, that the Committee may approve in its discretion a manufactured material of a specified color consistent with the intent hereof.

(b) Exterior walls constructed of masonry shall be of natural local stone, brick, or exposed aggregate concrete or of manufactured materials such as concrete block or stucco if such materials are painted or finished in white provided that the Committee in its discretion may approve a light color consistent herewith.

(c) Exterior walls constructed of wood shall be finished with stain in earth colors which shall have substantially the color and appearance of the applied stain presently manufactured by Olympic Stained Products Co., of Seattle, Washington, under the series designation of 700, 800 or 900.

(d) No bright vivid colors shall be permitted on the exterior of any structure except on trim and accent areas such as doors, trim, shutters, and similar small portions of the structure. Any such colors shall be complimentary to the other colors on the structure.

Section 2. In addition to the foregoing external appearance requirements, no dwelling

structure shall be placed, erected or permitted on any lot unless it shall comply with the following:

(a) No structure or building shall be placed or permitted on any lot except for residential

dwellings with customary structures appurtenant to a residential dwelling. (b) All structures shall comply with the provisions of current editions of the Pacific Coast

Building Officials Conference Uniform Building Code, the Uniform Plumbing Code, the





Plumbing Code of the Washington State Health Department and the National Electric Code. In addition, all structures shall comply with the then existing ordinances, rules and regulations of the governmental body having jurisdiction.

(c) No structure shall be designed or located on a lot so that in the determination of the Committee the view from lots at a higher elevation shall be unreasonably obstructed thereby.

(d) Each lot improved with a dwelling shall (i) be equipped with modern plumbing facilities fully connected to a system of sewage disposal located, designed and constructed in accordance with the rules and regulations of the Chelan County Health Department and other governmental agencies having jurisdiction and maintained in good order and repair and in sanitary condition and (ii) have facilities for sanitary disposal or holding of garbage and other wastes concealed from view with facilities shall be kept clean and be regularly emptied.

(e) All service yards, woodpiles and facilities for drying clothes on a lot shall be located out of or fully screened from view of other portions of real property.

(f) Prior to erecting or placing any structure on a lot, or to modifying, changing or altering any structure on a lot, including any change in exterior color of a structure or to landscaping of a lot, the plans and specifications therefor shall be submitted to and approved by the Committee as hereafter provided and the structure, alteration, modification and landscaping shall conform to such approved plans and specification.

Section 3. There shall be an Architectural Control Committee (the Committee as

heretofore defined) consisting of three (3) members the first members of which Committee shall be John H. Rudolph, Felix Reisner and Mrs. Dirk Minkiewitz. The address of the Committee shall be P. O. Box 579, Chelan, Washington, until notice of change of address of the Committee signed by the members shall be recorded with the auditor of Chelan County, Washington. The Committee may delegate all or any part of its functions to such persons as it deems advisable. It may assign its functions with respect to any division to the trustees of the Club designated for such divisions by written assignment filed with the auditor of Chelan County, Washington. Any vacancy on the Committee shall be filled by the remaining member or members of the Committee.

Section 4. All plans and specifications required to be submitted to the Committee shall be submitted in duplicate and in writing by mail to the address of the Committee and shall contain the name and address of the person submitting the same, a description of the structure, modification, alteration or landscaping setting forth the location of the structure or structures on the lot, the elevation thereof with reference to existing and finish grade, general design, interior layout, exterior appearance, finish materials and color, a full description of landscape features, and such other information as may be required to determine whether such structure or landscaping conforms to these restrictions.





Section 5. The Committee shall have authority to make further determinations involving esthetic consideration of harmony of construction and landscaping which it shall determine to be in the best interest of providing for an attractive environment in the entire development. In this respect the Committee may be guided by the structures then located on the real property. Such authority shall extend to all improvements including landscaping on a lot and any determination by the Committee in this respect shall be binding on all persons interested. Section 6. The Committee shall approve or disapprove the plans and specifications submitted within 30 days after they are mailed to the Committee by written notice mailed to the person submitting them and may disapprove any such plans and specifications which in the Committee’s opinion do not conform to the provisions hereof or its esthetic standards. In the event the Committee fails to give notice of approval or disapproval within 30 days of submission in compliance herewith its approval shall be deemed to have been given. ARTICLE IV – THE CLUBS Section 1. From time to time certain property and property rights shall be transferred to a Club for the use and enjoyment of its membership. There shall be at least one membership in the Club designated for a division for each lot in such division. Each membership for a lot shall be appurtenant to the title of the lot and shall be transferable only as a part of the title to such lot. The membership appurtenant to a lot shall stand in the name of the owners of the lot, provided that if the record owners shall give the Club written notice of an owner not of record, such notice shall be equivalent to record notice. Such owners of a lot shall be entitled to and shall take membership in the Club. Nothing herein shall preclude a Club from making its facilities and memberships available to others than such owners of lots in the division. Section 2. Each Club shall maintain all properties and facilities it may acquire in as good condition and repair as they were at the time of their acquisition by the Club, provided that nothing herein shall prevent any Club from altering, changing, replacing or reconstructing any such improvements on such properties or any such facilities unless otherwise restricted from doing so. Each Club shall bear the cost of such maintenance and shall pay all taxes incident thereto. This covenant is for the benefit of each owner and the Declarant and may be enforced by them severally. Section 3. In order to provide for maintenance, operation and replacement of its facilities, each Club may establish a periodic maintenance assessment by action of its trustees and in addition to such assessments such Club may require payment of charges as a condition to the use of any of its facilities or services. Until otherwise established by such trustees the maintenance assessment shall be $4.50 per month. Although charges for use of its facilities and





services may differ on the basis of the facilities used, all payments required for use shall be the same for all persons entitled to membership in the Club. Subject to an affirmative vote of two thirds of the membership convened according to its Bylaws, each Club may establish a capital assessment for the purpose of making acquisitions or capital additions to its properties. Such capital assessments may be made payable over a period of years. Each improved or unimproved lot shall be subject to assessments of the same amount unless a lot is improved with more than one single family dwelling unit. Any lot improved with more than one single family dwelling unit shall be subject to an assessment based on the number of such units on the lot. Thus, for example if a lot is improved with two single family dwelling units, such as a duplex, the assessment payable by the owners of such lot shall be two times the assessment payable by owners of an unimproved lot or a lot improved by a single family dwelling unit. For this purpose a single family dwelling unit shall be that part of a structure whether or not enclosed in one structure which may be customarily occupied and intended to be occupied by a single family. Section 4. Each Club may enter into a contract with another person, firm or corporation providing for the maintenance and operation of its facilities and for a method of ascertaining the amount of the maintenance assessments and charges for use of the Club’s facilities and may assign to such person, firm or corporation the right to enforce payment of such assessments and charges and any lien therefor. The maintenance assessments shall be based upon the cost of maintenance and operation of the facilities of the Club with provision for reasonable reserves. Section 5. The grantees and vendees of a lot in each division jointly and severally agree for themselves, their heirs, personal representatives, assigns and successors, by the act of accepting a deed or entering into a contract of sale as vendee, that all assessments and charges made by the Club hereafter designated for the division in which they own such lot shall be paid by them when due to the Club. Section 6. In the event that the persons entitled to membership in a Club by virtue of ownership of a lot shall be delinquent in the payment of any sums to such Club, whether assessments or charges for use of facilities, for a period of sixty (60) days after the due date, then a written notice may be recorded with the auditor of Chelan County, Washington, that such Club claims a lien against the lot owned by such persons for the amount of delinquent assessments and charges. Thereafter such lot shall be subject to a lien as security for the payment of such delinquent assessments and charges, with interest thereon at the rate of 10% per annum from the due date and a reasonable sum as attorneys fees incurred incident thereto. Such lien may be foreclosed in the manner of a mortgage of real property and in such foreclosure proceeding such Club shall recover a reasonable sum as attorneys fees and the reasonable and necessary costs of searching and abstracting the public records.





Section 7. The right of a Club hereunder to receive payments for assessments and charges by virtue of ownership of a lot in a division shall not arise before, but shall arise at the time that either (a) title to such lot has been first conveyed after the date of recording the plat in which the lot is located or (b) a contract for the sale of a lot has been first entered into after the date of recording the plat in which the lot is located. No lien which may be created hereunder against a lot by the Club shall be enforceable against a lot until the right to receive payments for assessments or charges has arisen because of sale or conveyance of such a lot. However, if a residence is constructed and occupied, or occupancy of a residence is permitted on any lot without such a sale or conveyance, then the owners of such lot shall then be liable for payment of assessments and charges and the lot shall then be subject to a lien created hereby for such assessments and charges arising after such occupancy. Each Club shall on request furnish to any interested party a written statement of the unpaid assessments and charges due from the owners of a lot and such statement shall be conclusive on the Club when furnished. Section 8. The rights and obligations of an owner to a Club shall be in reference to the division for which the Club is formed and in which the owner’s lot or lots are located. Thus no Club shall have any right to lien against a lot in any other division. By agreement between a Club, the Declarant and another Club for such periods as they deem advisable, the membership of one Club may be entitled to use the facilities and services of other Clubs. In addition, any Club by agreement may pay to any other corporation or firm such fees and charges as agreed upon for the purpose of having such facilities and services of such other corporation or firm available for its membership and in such event, the assessments made by the Club may take into account such fees and charges. ARTICLE V – EASEMENTS AND RESERVATIONS Section 1. The Declarant reserves the right to grant easements for drainage and utilities with access upon such terms and conditions as the Declarant deems advisable over, across and under a strip of land five (5) feet in width on each lot, tract and parcel of land shown on the plat, along and abutting all lot lines and lines of such tracts and parcels as shown on the plat. Section 2. Where the configuration of any two adjacent lots in the plat shall contain a contiguous strip of land ten feet in width as a part of the lot from a wider portion of each such lot to the road shown on the plat, as for example in the case of lots 626 and 628 of the plat of Riviera Chelan No. 1 recorded in Chelan county, Washington, then such contiguous ten foot strips shall be subject to a mutual private easement for the benefit of and as a burden upon such two contiguous lots for the purpose of a common private driveway and access from the larger portions of such lots to the road. The owners of such two contiguous lots shall bear the cost of improving and maintaining such common driveway equally.





ARTICLE VI – MICELLANEOUS Section 1. After each division is established the provisions of Articles II and III may be amended, changed, revoked or terminated in whole or part at any time with respect to each division by written instrument signed by the owners of a majority in the area of the portion of the real property in such division and recorded with the auditor of Chelan county, Washington. However no such amendment shall be effective as to any other division unless the owners therein so make and record such an instrument. Section 2. The provisions of Articles I and IV may be amended, changed, revoked or terminated in the same manner as Articles II and III provided, however, that until the entire development is established by Declarant and for twenty-five years thereafter no such amendment, change, revocation or termination shall be effective unless the Declarant, its successor or assigns, shall join in and consent thereto. Section 3. Until amended, changed, revoked or terminated as above provided the provisions hereof shall remain in full force and effect as covenants, restrictions, easements, rights, liens and encumbrances running with the land and binding upon the real property and any and all parts thereof, the parties in interest thereto and their heirs, assigns, personal representatives and successors in interest. Accepting an interest in and to any portion of the real property from or through Declarant shall constitute an agreement by any person, firm or corporation accepting such an interest, that they and each of them shall be bound by and subject to the provisions of this instrument. Section 4. In the event that any provision hereof shall be declared invalid or unenforceable by any court of competent jurisdiction, no other provision shall be affected thereby and the remaining provisions shall remain in full force and effect. No waiver of a breach of any provision shall constitute a waiver of a subsequent breach of the same provision or of any other provision.





Section 5. The parties in interest in and to any part of the real property, and each of them, and each Club, for the benefit of owners in a division, and each of them shall have the right and authority to enforce the provisions hereof and in addition to any other remedy for damages or otherwise, shall have the right to injunctive relief. Except for foreclosure of any lien in favor of a Club or its assigns, the prevailing party in any action to enforce any provision hereof shall recover a reasonable sum as attorney’s fees and the reasonable costs of searching and abstracting the public records which sums shall be paid by the unsuccessful party.

DATED this 4th day of October, 1966

INVESTMENT SYNDICATES INC., A Washington corporation

By <Jerald E. Scofield> President

STATE OF WASHINGTON ) ) ss COUNTY OF PIERCE ) On this 4th day of October, 1966, before me personally appeared JERALD E. SCOFIELD to me known to be the President of INVESTMENT SYNDICATES INC., the corporation that executed the within and foregoing instrument, and acknowledged the same to be the free and voluntary act of said corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument and that the seal affixed thereto is the corporate seal of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written.

<notary’s signature> Notary public in and for the state

of Washington, residing at _______________





AMENDMENT TO THE DECLARATION OF PROTECTIVE COVENANTS AND EASEMENTS

RIVIERA CHELAN Notice of Amendment to Article III, Section 3 of the protective covenants of Riviera Chelan filed under Auditor No. 656703, recorded October 5, 1966 is hereby filed as follows: The address of the Committee shall be Chelan Maintenance Association, P.O. Box 284, Chelan, Washington, 98816.

<signature> Lenard Cochran <signature> Lynn Nelson <signature> Scott Patrick <signature> Alan Weeks <signature> Zoe Wolfberg

Filed for recording at Chelan, Washington this 31st day of August, 1993. State of Washington, County of Chelan I, Rita K. Steveson, Notary Public in and for the State of Washington, do hereby certify that the persons named above are known to be the current members of the Architectural Control Committee and thereby authorized to execute this change. GIVEN UNDER MY HAND AND OFFICIAL SEAL this 31st day of August 1993.

<Rita K. Steveson> Notary Public in and for the State of Washington at Manson in said County.





SECOND AMENDMENT TO DECLARATION OF PROTECTIVE COVENANTS AND EASEMENTS

RIVIERA CHELAN

RECITALS A Declaration submitting real estate to the Washington Homeowners Association Act (Revised Code of Washington, Chapter 64.38), entitled Declaration of Protective Covenants and Easements Riviera Chelan, was recorded on October 5, 1966 under recording number 656703 in Chelan County, Washington, (hereinafter, the “Original Declaration,”), together with Plat of Riviera Chelan (“original Plat”) filed with the Recorder of Chelan County, Washington, under Recording Number 656190, in Volume 7 of Plats, pages 10 through 14. An “Amendment to the Declaration of Protective Covenants and Easements Riviera Chelan” was recorded in Chelan County, Washington on September 28, 1993 under Recording Number 9309280116. Chelan Maintenance Association (the “Association”) desires to amend the Declaration to provide view protection to residents within Riviera Chelan. Pursuant to Article VI, Sections 1 and 2 of the Original Declaration, at least a majority of the owners in Riviera Chelan approved the provisions in this Amendment. More than twenty-five (25) years have passed since the Original Declaration was recorded and thus, Declarant approval is not necessary for this Amendment. To accomplish the foregoing purpose, the undersigned President and Secretary of the Chelan Maintenance Association does hereby certify that the requirements of the Original Declaration have been complied with and therefore declare and adopt the following Amendment to the Declaration:





B. Article II shall be amended to add a new section 10 to read as follows:

10. No fences, hedges or boundary walls shall be planted or constructed more than six feet in height and shall not unduly obstruct views from nearby property and all buildings shall be located within the setback lines currently adopted by the town of Chelan. Ornamental and shade trees shall not be planted in a manner that will, in the judgment of the Architectural Control Committee, obscure a major portion of the view from adjoining lots when the trees have reached mature height and fullness. EXCEPT AS MODIFIED AND AMENDED HEREBY, the Original Declaration for Riviera Chelan shall remain in full force and effect. This Amendment to the Declaration shall take effect upon recording. The terms of this Amendment to the Declaration shall control over and implicitly amend any inconsistent provision of the Declaration or Bylaws of the Association. IN WITNESS WHEREOF, this Amendment has been adopted and executed. <signature> Ron Coulter, President of the Association Date: 2/17/16 STATE OF WASHINGTON ) ) ss. COUNTY OF CHELAN ) On this 17th day of February, 2016, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Ron Coulter, to me known to be the President of the Chelan Maintenance Association, the non-profit corporation that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated he/she is authorized to execute said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate above written.

<signature> Print Name: Daniel K Gildehaus NOTARY PUBLIC in and for the State of Washington.





IN WITNESS WHEREOF, this Amendment has been adopted and executed. <signature> John P. Swenson, Secretary of the Association Date: Feb. 23, 2016 STATE OF WASHINGTON ) ) ss. COUNTY OF CHELAN ) On this 23rd day of February, 2016, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared John P. Swenson, to me known to be the Secretary of the Chelan Maintenance Association, the non-profit corporation that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated he/she is authorized to execute said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate above written.

<signature> Print Name: Russell E. Jones NOTARY PUBLIC in and for the State of Washington.

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