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13-104797CITY OF Federal Way FILE 33325 8th Federal South �,—Venue YW498003-6325 {�53) 837600 1 ^^ = awflediewway, com January 31, 2014 Mr- James Palda Steadfast Commercial Properties 18100 Von h'vine, CA 92612 Suite 500 RE: FILE 1113-1 Q4797-00. The Dick,, S �; PROCESS IIIPRo pOrtmg Goods Store, 1804 South T A'PrROVAL Dear 117i . palda: Commons Blvd, Federal Way The Department OfCom the proposed Dick's S ornuniiy and Economic Development has completed the a mmons of Federal Way, dministrative review of • Demolish a 2$,95$ square Y� which includes the • Construct a 45,000 s 'foot Portion of existing tenant space at the modifications , are -foot new sporting goods store with related mall; and south of the mall building; Remodel the north mall facade for new tenants Parking lot and site Relocation of parkin Paces; and g stalls, utilities, and site and landscaping improvements• The land use application submitted on October 28 hereby conditionally approved ' remainder of ' 2413' with revisions submitted this letter outlines a enclosed Exhibit _ tied on January under the Planned review Findings far Project A 13, 2014, is decision. Additional rtr°n S1;PX, and Outlines Processes required, gives a brief pproval. The requirements will be Procedure relating to a summary of the review. provided appeals and approval Process when related building periods for this REVIt;w PR g AerTnits are submitted for UCESSES REQUIRED The site is within the Ci this zone subject to the r Center -Care (CC-C) zoning district. S regional.,, Provisions ofFederal Portin Center - "This retail use is reviewed ands evised bode F g goods store uses are e Project approval does not r the Process { WRC) 19.225.030 ,, permitted in grant license to begin an Retail Shopping Y type ofsite work. r°�eC114pproval. PIease note that PLANNED ACTION SEPA PR The subject PROCESS J property is located within the conducted b area targeted b Y the City in 2p06. Thep y the Planned Action SEPA space demolition, the new AS checklist submitted b as a Planned Action sporting goods store, and Y the a {PAS) that was and are applicant demonstrated that the tenant .4ct {SEPA therefore exempt modified tenant spaces are eligible as Provided in FWRC 14.15.130 izom fiirtherrevieW aible to be considered {fj[iii). under the State be Policy Mr. Palda ]anuary 31, 2014 Page 2 applicationced is hereby approved based on CMMj,fjoNs OF APPROVAL ect Approval, the above -refer hed conditions: Pursuant to FWp 19.65 Pr °1 d the f ollowing the enclosed drawings and exhibits anplans to indicate wheel unit, the applicant shall revise ath,ay as indicated on the red- acerit to the designated pedestrian p 1. Prior to issuance of stalls adjacent Stops for all parking 13, 2414. a lens to lined site plans submitted 3anuary licant shall modify site and landscape P ermit, the app feature to the pedestrian plaza 2, Prior to the issuance of a building F beds stare. In addition, the Site no, landscape Ian features and at least ew additionalbe s stor atmg, on the south side of the add pedestrian plaza parking stalls identified on the south side of for a widened p features added near the p e laps plans shall be modified to provide ra osed sporting goods store with additional landscape proposed proposed plaza � indicated on red -lined site and landscap P immediately west ; �� 4pdified to submitted January the West building elevation shda�lbe Mo has flits feature azure add that at least 50 percent of the £a 3a a 14. 3. Prior to issuance of de feature so that submit�d January canopies and/ordrawingsdepict Pedestrian indicated on the red lined elevation arcitectural and civil plaits Shall ment that is consistent ern, lots denoted in special p icted on the 4. Prior to issuance of a building existing parking pal pavement as deP pathways through' new an Way pedestrian p with the rest of The Commons at federal in on asphalt will not be allowed - with 2014• Striping west, and south red -lined site plan dated 3anuary lighting plans for the north, ent ernnit, exterior Jig police Department' roved by the Federal Way 5. Prior to issuance of a building p Dods store, specifications for one building facades shall be reviewed and approved ro osed sporting g ermit for the p p edestrian corridor or► the parking 6 Prior to issuance of a building p camera located within the mounted security camera to monitor the interior of e p the east and west corridor roof -tap nods store, and one pole -mounted security the Federal side of the sporting g rtin Dods store to monitor access to by side of the en" to the loading dock shall be reviewed and approved lot on the south! and the entranse t e g entry pointsent staff. ,Porting goods store, one roof -top Way Police and IT Department for the proposed sp issuance of a certificate of occui?a � for of the pedestrian corridor on the east lot on the �. Prior to issrnera to monitor them Security camera located within the parking Dints mounted 5ecurity and one pole-mbiznted West corridor entry p sporting goods store, operational and approved by the of the sporting goads store to monitor and ope eat an south side dock she and the entrance to the loading artnlent staff. indicate Federal Way Police and IT pep a lans shall be revised to clearly Parking to issuance of a building permit, site and landSVI t plans at ends of relocated p g. Prior lot landscape islands are to be provided 2414. that Type 1V interior parking a plan' dated 3anuary errnit, site and landscape plans shall be revised to indicate rows as noted on red lined site and landscape p proposed for the south side of the pedestrian plazaan-oriented 9 Prior to the is of a building p ede5#rian-oriented space and to screen additional landscape features within the p theast corner of the building as noted on the red -lined sporting goods store to enhance its function as a p mechanical equipment located at the sou site plan dated 3anuary 13, 2014• Doe- 1.D. 64929 13.104797 Mr. Palda January 31, 2014 Page 3 PROCEDURAL INFORMATION Unless modified Or appealed, date Of the decision as provided in Foject approval is valid for a 19.15 110, through WRC 19-15.140 2 Period offve years from the effective Develo g a written request submitted to () An extension may be Patent prior to the expiration of the died to decision. Department of Cornrnuni�ted, pursuant to FWRC Community and Economic '�Y Person who Teceived a co PY form of a letter delivered to the Department this decision may Avenue South, Federal way,9SO03 nt of Camrnun ty a peal this decision. The appal roust be in the days after the effective date o the de8�0�n. �' and Economic Development and he accompanied by the established fewith3n I4 ale appeal letter must contain a clear reference . the matter edit a odor The effective data of decision is February 3, 2014. The findings and conclusions of the Development disputed b Ppealed and a statement of the factual This decision shall not waive compliance with fug y the person filing the appeal. relating tv this development. Also, be advised re City required for the Project. A that various ofFederal Way codes, policies Of any related p J Any bones or other a p artce austnd maintenance bonds ay be construction a dements, as required, necessary, for obtaining and mxits. A cash deposit is required to co cover the be completed five PercentUsing the proceeds of an bond prior to issuance ($140 minimum Y The cash deposit s potential expenses, if following satisfacto p) Prior to building permit issuance. P shall be rY com letion ofall bond requirements. Tl1e cash deposit will bPO to refund for ded to Ifyou have any questions regarding this decision, please call Senior Planner Janet Shull at Sincerely, 253-835-2644. Isaac Conlen, PIanning A4,anafor Patrick Doherty, Director ger etc: Exhibit A, Finriings for Project Approval Redlined/Appmv� Dverail Site Plan; Redlined/Approved Enlarged Site plans Pede - 13.2014 tted Yanuary Redlined/APproved Preliminary Landsca e 1 edestrian Access th Redlined/ApPmved Elevations P plans Sheers 4 and 5; resubmitted miffed and North Sides; resulymitted January (North, South and Westj; resubmi January 13, 2414 13, 2014 c: Janet Shull, AICP, Senior Planner tted January D, 2014 Kevin Petersen, Engineering Plans Reviewer SaradY Long, Senior T�Porlatien Engineer Lindsey Chris x� Federal W FederalWay Police Department Thomas lwichtner, Way Police Dcpamnent Chris In h I7 Sager gran Asbury, South Kin Fire and Rescue Lakehaven utility District 13-104797 Doc, I.D. 64929 CITY OF _ Federal Way EXHIBIT A FILE FINDINGS FOR PROJECT APPROVAL DICK'S SPORTING GOODS File #13-104797-00-Up The following are findings for recommending conditional approval of a Dick's Sporting Goods store at The Commons of Federal Way. p l . Overview —The applicant proposes to redevelop the mall rope with • Demolish a 28,958 square -foot portion rtY of existing aI tenant space; following actions: Construct a 45,ppt] of new Dick's Sporting Goods store with related site modifications on the north and south sides of The Commons site; • Remodel a portion of the north fagade for new mall entrance and new tenants aces • Modification of parking stall layout, utilities, pedestrian pathways and landscaping.' and 2. Zoning — Zoning for the subject site is City Center -Core CC-C . Permitted in this zone subject to the provisions Reviyed afFederal ) Sporting goads stare uses are "Retail Shopping Center - regional."The retail use is review d under Prods III R The Federal �Y (FWRC) I9.225.03D Comprehensive Plan (F WCP) designation for the subject site is J'a ect Approval. 3. Planned Action State EnvironMental Polio Act (SEPA Center --Core. the area targeted by the Planned,Qction SEP14 {PAS} conducted by the City in rtY 6. The is licant submitted a PAS checklist that demonstrates t} The subject property is located within store, and modified tenant spaces are eligible to be structure red as a demolition, lanne the newsporting pgoods exempt from further review under the State Environmental Policy �Qct (SEPA . This goods retail goods and services uses are consistent with the uses lP d Action, and therefore FWRC 14.15.130, and applicable mitigation measures from the } is is because: {l} awed under the PAS pursuant o appropriately implemented; (2) the proposed use will not generate any new PM p the PAS are (3) the proposed use meets decisional criteria of peak hour trips; and Proposed square footage associated with the demolition and s5 1rt�){d){ii} as follows: {a) The the minimum threshold for SEPA review, and the project is therefore not otherwise sporting goods store creation exceeds SEPA; and b { } The retail project is consistent with Federal Way Comprehensive Plan exempt from ##CCP4 for retail uses;' and (c) The project policy is implementing a y p environmental impacts adequately identified in the EIS; and {d} The retail (FWCP} verse Planned environmental qualifications from I4.15, ed i 3 c g Project that had its significant adverse project falls under the ( )( } as follows: i. The proposed project is located within the Planned Action area; ii. The retail project is consistent with the retail goods and services uses; The proposed retail development, in addition to other retail development ahead under the Planned Action, does not exceed the 754,dOp SF of cumulative new already perm itted development identified within the designated Planned Action area, a gel?n - Continue o develop a City center is the primary commercial area providing local Dods surrounding neighborhoods and region, and to residents and employees within the center. $ and services to the s not add to PM peak hour trips. of the elements of the iv. The project doechanges to impacts to any V. The project does not result in any environment that were identified in the EIS; and horizon al ed 1n the EIS, thus the Planned application was vested prior to the 2014those an yz identified in the PAS. vi. This project pp changed from th Environmental conditions have 1 r nand Action designation remains app s adverse impacts are able to be mitigated mitigation detailed in the mitigation document in Exhibit c m liesOrdwith all ance (e} the SEPA aff'tcialhas determined ete � fined that the project, the project comp dough the application With other applicable requirements and conditions; and T appropriate needed modifications 07-547 along state and federal regulations, and where app p Information submitted applicable local, county, ent stare is not an essential public facility. the new department 's satisfaction and further approved; and t addressed relevant criteria to the City by the applicant has adequately environmental review is not required. .fronts mons at Federal Way d new sporting goods store addition to The 3 4 to he south, anCorn d located 4 Setting —The preposeor flog goods store es o£ South 320 to the north and South a -foot onto the street frontagtheSearses he new S C 000 squar e new between the Nlacys store on the east ll tenant space and results in an approximate in the malt building replaces portions of the former ma footprint. However, a 20,000 square -fool approximately 4,000 square feet lessthan e increase in the mall buildingmust Comply footprint occurred in 2012, so that the increase still is app mufor the new overall mail footprint. Improvements associated with the new building farmer uiations. Prior to the issuance of a certificate ofbeioccupancy inspected, and current development reg improvements related to the new stare must be installed, sporting goods store, on -site insp but are not limited to: utilities; relocated approved by the City. On -site improvements include, gounda#ion and wall landscaping, arking lot landscaping; security system parking stalls and drive aisles; interior g lot and building mounted lighting; pedestrian walkways and plazas; Parkin installation; benches; and bike racks. 1 to the proposed new Development Standards —The following development standards apply 5. aces. is proposed to be department store and the relocated tenant spaces' d sociated truck loading dock. No 11 la out on the south side of the axis{, mall building p P • parking — parking sta s for Project Approval Finding GoodsDick's Sporting Page 2 File # 13-104797-00-UP/Doc. I.D. 64733 6• Design Guidelines — Site and architectural design for the new sporting Dods store generally consistent with FWRC Chapter 19.115 'Commun, Desi g ore building is provision ofthe fallowing key design elements: (a) the new sporting goods store rim e clearly visible from the South 320 street right-of-way; b u � Guidelines, "based an Split face CMU, smooth face C P entrance is MU and EFIS walls that are linked with accent bands, combinedolor variation with metal canopies, steel cable trellis, display windows, metal coping, and CMU piers; c the building fagade is modulated and has a combination of canopies, landscape screeningned with pedestrian 1 (} north plaza; the south facade has some horizontal modulation effect with the prop Ada screening wall for the truck loading zone, landscaping and plaza Improvements; the west fa minimum modulation and some plantings; south and west facades must be further enhanced conditions outlined below in order to meet the south aminnd we modulation design guidelines; Bade has articulation on the north includes a combination of large display windows ro anC) per canopies, a variety of reveal and scaring dimensions, plaza landsca i g eenes; entrance facade facade articulation on the south includes landscaping both ' P mment entrance reveal and scoring dimensions, and a steel cable support' e special P landscaping, and special pavement while connect the north entrance of the building throe the ground planted and vertical, varying north and South 324`h street on the south {)area paving is to be provided to e � e parking area to South 320'� street on the is maintained �� Pedestrian access around the perimeter of the building (g) benches bike racks, and waste receptacles and south of the proposed sporting goods store; and (h) there are provided in the public plazas north screening on the south side. is delivery truck access wit h adequate Prior to issuance of any construction Permits, the building elevations and site and lands shall be revised as identified on the enclosed redlined plans to reflect the followin Site and landscape plans shall be modified to add landscape features cape plans g benchiseating feature to the pedestrian plaza identified on the south side of the new sporting and at least one additional goods store. In addition, the pedestrian plaza should be widened and landscape features ad near the parking stalls immediately west of the proposed plaza as indicated on the redlinedded plans. d • The west building elevation shall be modified to add canopies and/or arcade feature so least 50 percent of the facade has this feature as identified on the red l i ned plans• that at 7. Pedestrian Circulation — The proposed pedestrian pathways through the parking and south side of the sporting goods store shall be delineated by using a variation of t on paved north and color. Prior to issuance of the building permit, site plans shall be revised to reflect s pavement consistent with the existing special pavement utilized at The Cam P d texture asphalt will not be special permitted. Commons. Paint striping on 8. CPTED and Security — The public entrance to the news sporting interior via a new mall entry nt the north fagade located west of the Macy's entrance P g goods store will be from the mall entrance to the new department store is proposed along the new south faqaacy's .The layout public Sporting goods store will maintain the southern mall entrance Ioca#ed to the east of the Se and the western entrance to the Macy's stare. New exterior trial/ exit corridors Y the new both the east and west sides of the news Sporting ors building P g goods store. will be created on In order to uphold Crime Prevention through Environmental Design(C surveillance and to monitor the exterior exit corridors and truck loading�Dock created new building, ) area created of neural g, the Federal Way Police Department requests that the applicant continue participation in the Safe Cities program by installing: Findings for Project Approval Dick's Sporting Goods Page 3 File #13-104797-00-U6 P/Doc. I.D. 47 4733 mounted security camera to monitor the interior of the pedestrian corridor on the a. one roof -top east side of the sporting goods store, and parking lot an the south side of the b. one pole -mounted security camera located within the p building to monitor access to the east and west exterior corridors and the entrance to the new truck loading dock area Police per the direction of the Federal Way r the new The specifications D theme t cameras shall p the applicant to view the area Department and 1 p ent staff. Prior to issuanceell he installled by f occupancy Dep the applicant to view the sporting goods store, one rooftop mounted cam truck loading dock entrance and shall be confirmed to be within the west corridor and one pole^moudnted camera shall be installed Y an building parking lot, exterior torrid addition t the security cameras, Prior to issuance a Y the City. cameras and lighting plans for these � operational by specifications for the two security ent. 5i age permits, final location and sp the Federal Way Police Department- two corridors shall be submitted far review by urveillance monitoring is also required to be placed at the entrances to the east regarding the video s and west corridors goods store is proposed to corridor located on the east of the new sportingexiting' This gate shall have Additionally, the exit -only be, utilized for building have a gate that will remain IQeked and only signage that indicates it is for exit only lot Landscaping proposed for the building ou d for ,iditiarced' Prior to parking of any 9. Landscapsn� enerall meets the intent of the FWR landscape areas g y tan shall be remised to reflect the following: construction permits, the landscape p lot landscape Landscape plans shall be modified to clearly identify Type' ni interior parking landscape tan. ends of all new (relocated) parking rows as note -he n �o' red-lined on thouth side of islands at thero used pedestrian plaza space and to screen Landscape features shall be added to the p p corner of the new store as noted on the red - the sporting goods store to enhance its function as a p mechanical equipment indicated at the southeast lined landscape plan. mits to ensure compliance with the Final, landscape plans will be reviewed with construction per FWRC and as detailed above.to clip for the proposed sporting 10. Recycling Facilities —There shall be sufficient retail space shall provide cycling a minimum Of 225 onstruct on re goods store. The proposed 45,000 sq c Prior to issuance feet of area devoted to recycling per F WRC information )( }. hall ravide detailed information on construction ns o of FWRCtsectiocting nse permits, the applicants p in the applicable p proposed ,or of recycling facilities satisfying 19.115.g50(6)(a),19.125.040, and 19.125.150. d site Ian application and application atta �hme ts provisions of the FWRC,ve been d 11. As conditioned, the propose p Comprehensive Plan, all applicable to be consistent with the Federal »'aY and the access to the and with the public health, safety, and welfare. The streets and utilities in the area of the subject ration for access. The proposed development is e are adequate to serve the anticipated demand from the proposal, prop t. at location and configuration subject property is at the opPro'ect Approval, decisional criteria required under FWRc •b5.I0Q(2 consistent with Process JB, j will be reviewed for compliance with sp (a) and (2)(b). Final construction drawings Page 4 Approval File #13-104797-00-UP/Doc. I.D. 64733 ect Findings for ProjGood Dick's sporting regulations, conditions of approval, and other applicable City requirements. This decision shall not waive compliance with future City of Federal Way codes, policies, and standards relating to this development. Recommendation Prepared by Janet Shull, AICP, Senior Planner Date: January 30, 2014 Findings for Project Approval Dick's Sporting Goods File # 13-104797-00-UP/Doc. I.D.Page 5 64733 tln^n.nr "°r1°r �w.iideralsv Milr0rcom FIOUTEs R LE-q�, NOTICES Alaverri 7@r 22. 2073 r�oure AMLABLE IN YOUR =w- r- l':"BY "� ��0 val lJ�Y, ir0 CUM: t191Ys fJ#t rme4i AREA gw? ' ''=•r?�, n� �-!�;, PuLL� Cornrra�! a7rd5 1`'u FV?EFUL WYRY `CEDA fi ..'ENC.INGe�- raL. �.kJ Si i FGHGAYOIHdOPMS % �Ma'.GaOrWt,Y12rreaLsa]faaCrrrrC ,rTVIfd �mmu.V Calf Today Fr"'ICErkODIJ$EAPPUCAT'J4 CSzCphniBO]rtr a s o! 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'� . a v. r ;r .£r ,-,es 7n i•.rary•j , r•, J1 Ave '30te 10- oufnilcation -.! {hat he is the Publisher of Ruth Aicott, `tieing first duly sworn on oath; deposes and say. �_ Ar is published n Federal War, King The Federal Way Mirror, a semi-v,Feesl a semi -weekly rlr�'sP� �ewspa h ii7ted in an office in ie English language continual y a all of said time has been Pr County, Washington, and is noLM andduring f ublicatiorn of said ne-wspaper. maintained by the aforPnientioned place nexed is a true copy of a legal advertisement placed by Tha t the an City of Federal Way — Economic Develops-ent {mental form) cf saki newspaPcr core mencir►g on il)e as tt was pualished in regular riod }of c)nefcoMe4.utive supplemental �eks(NaVember 2Di3 . both dates arse each v:eelt #or a i� on theme day of L of day of November 2013 , and ending inclusive. and that such newspaper was t�eg�4arly� distributed �c its readers=t�=rirg all said period �d for the foregoing publication is the sum oo ROW That the #Ufimou�t h� b en p d in full, or billed at the'egaf rate according ..93 �Yhic n5.16.020. of January_ 0 t w. Subscribed to and sworn before me this 27tth ay' �-- N.Otaty Public;rt and fo. the State Of %Nashington Residing at Buckley CITY OF �- Federal Way January 22, 2014 F:i CITY NAIL LL 33325 8th Avenue South Federal Way, WA 98003-6325 l253l 835-7000 www cityoffederalway, cam Mr- James Palda Steadfast Comrutercial Properties I8100 Von Karman, Suite 500 Irvine, CA 92612 RE: FILE #13-104797-OD- PLANNED ACTION SEPA Dick's Sporting Goods at The Commons,17XX South Commons BI Dear Mr. Palda: vd, Federal Way The Community and Economic Development De "C"On SEpf4 (PAS) checklist you submitted. We have determined that Goods store at The Commons of Federal Way partment and other City staff have reviewed the Planned y does qualify as a Planned proposed Dick's Sporting a3'Revised Cade {FWRC) s OfF1 Federal iii) as does p ned action as Provided in Federal The subject property is located within the area targeted h by the City in 2006. The applicant submitted a PAS checklist that den goods store is eligible to be consideredy the Planned Action SEP,4 (PAS) conducted Sporting demonstrates that the ❑ review under the State Envirvnmentarl Fatica t (SEPA).planned Action, and Proposed uses are consistent with the uses reviewed der the PAS ursu therefore exempt from further This is because: (I) retail go❑ds and services mitigation measures from the EIS associated with the PAP are appropriately Proposed use will not generate any new ate pet hour t P ant to FWRC 14.15.I30, and applicable criteria of FWRC 14.I5.130 3 d tt as follows: a p eIy implemented; {2) the ( )(x) tips; and (3) the proposed use meets decisional space and number ofparking stalls associated with the 28,9op square felt of de The Proposed gross square footage of new retail square feet of new construction exceeds the minimum construction threshold Project is therefore not otherwise exempt from SEPA molition and the 45,000 Federal Way Comprehensive plan for SEPA review, and the MCP) policy #C P4 far etaiI usetspd (c ct sThe szstent with implementing a project that had its signifcant adverse environmental the EIS; and (d) The retail project falls under the Planned Action qua] ) project i follows: impacts adequately identified in g tfications from 14.15.130(3)(c) as i The retail project is consistent with the retail goads and services u ii. The retail use does not exceed the development envelope for the 75 development; uses; The proposed project is Iocated within the deli 0,004 SF retail mall iv. The project does not add to p1VI designated Planned Action area; footage at the Commons Mail including the proposed Dick's Sporting Pe how' trips due to existing overall reduction in square v The project does not result in any changes in impacts to any of the elements that were identified in the EIS; and ele Goods store; menus of the environme t n CCP4 - Continue to develop a City C ent!r that is the surrounding neighborhoods and region, and tv residents and emptoyees within the center. primary mmerc it area providing local goads and sery coices to the Mr. Palda Ianuary 22, 2014 Page 2 in the PAS, Also, vi. This praaect app licatian was vested prior to the 2014 hoanal zed in the EIS, thus the Planned environmental conditions have not changed from those acts are able to be mitigated Action designation remains applicable; {e) the SEPA official has determined that the project's adverse imp s mitigation detailed in the mitigation document in Exhibit B of Ordinance with all through the applicationthe project comp aeon with other applicable requirements and conditions; and ro riate needed ded modifications 07-547 g state and federal regulations, and where app p applicable local, county, (g) the new department store is not an essential public facility. have been approved; This letter confirms that information submitted iew of the redevelopment project under the by the applicant adequately addresses relevant PA dap and further environmental rev criteria to the city' s satisfaction State Environmental Policy Act (SEPA) is not required- state mean that the license, permit, or Approval or denial of the proposal Will be made our decision not to require additionalthie has been granted• pip rodoea on . The PAS environmental approval you are seeking from vested with that au used o reduce identified by the appropriate administrative or legislates andd auditions will be imp stud City policy. record is considered by the decision maker(] an adopted and design environmental impacts, as long as the conditions are based If you need further as sistance, feel free to contact Senior Planner Janet Shull at 253-835-2644. Sincerely, Isaac Conlen, Planning Manager for Patrick Doherty, Director a Janet Shull, AICP, Senior Planner Doc I.D.64454 13-104797 CITY OF Federal Way RuPARTMENT or CO3MMUN11,y DEVVLOPMENT 5ERVICFS 33325 8" Avenue South Federal Way, WA 98003-6325 253-835-2607;•Fax 253-835-2609 www.cit ofFederalwa .com RESUBMITTAL INFORMATION Thls comp/eted form MUST accompany aid resubmittai "Please note: Additional or re v/sed pans or documents for an active project will not be accepted unless accompanied by this completed form. Mailed resubmittals do not contain the correct nuthat do not include this form Or that mber of copies w111 be returned or discarded You are encouraged to submit a// items in person and to contact the Permit Counter prior about the number of copes to• submitting ifyou are not sure ANYCHANrequired. *GES TO DRAWINGS MUST BECLOUDED. Project Number: 3 _ q7 Project Name: Project Address: 1 1--~~~—��- c Project Contact: Phone: RESUBMITTED ITEMS: # of Copies ** (Q t De 1 d Description of Item * Always submit the same number of copies as required for your initial application. ** Resubmittal Requested by RESUB #. Dept/DiVName Buildin Plannin PW Fire Other SA H E. Fl S 1 Letter Dated: t Z. [a Em @r OFFICE USE ONL Y -- Distribution Date, - Bulletin #129 — January 1, 2011 Page 1 of 1 k:1Ha nd ou ts4ies ubmi t to I Information CITY OF ri Federal ay MEMORANDUM Community and Economic Development DATE: January 14, 2014 TO: Marty Gillis, Kevin Peterson, Sarady Long, Chris Ingham, Brian Asbury, Lindsey Tiroux FROM: Janet Shull, AICP SUBJECT: RESUBMITTAL: DICK'S SPORTING GOODS - (13-104797-00-UP) 17XX S COMMONS Please find enclosed resubmittal items for the above -referenced project. The following items were submitted: • Revised site plans, civil and landscape plans, and building elevations ■ CPTED checklist • 2 separate response letters Due to limited copies of materials submitted, I may not have routed all items to each of you. If you would like a copy of something and I didn't send it your way, just let me know. Please let me know if you have any comments on these items or any particular conditions of approval for the land use permit. AVALON ARCHITECTURAL January 9, 2014 Janet Shull City of Federal Way Planning Division 33325 8th Avenue South Federal Way, WA 98003-6325 ph 253-835-2644 RE: The Commons Dick's Sporting Goods Janet, D E s I G f,I A R C H � T E C T u R E RESUBMITTED JAN 13 2014 CITY OF FEDERAL WAy The proposed retail addition will enhance the shopping center and bring increased activity to the existing complex. The new development will address the Federal Way design guidelines and provide an appropriate level of architectural features to satisfy city requirements. The north facade (Dick's Sporting Goods entrance) will have a large canopy that is 92' long and projects 15' out from the main wall of the mall. This canopy has display windows on either side and a large glass entry in the center. The tower element is supported by brick clad columns which contrast with the new color of the existing wall. There is also a canopy closer to the Sears store that is 66' long and projects out 5' from the existing mall. The total width of this building frontage is 180' so this canopy is much more than fifty percent of the total. There is a large (Approximately 5,000 s.f.) pedestrian plaza in front of this area which faces 320th Street with several planter areas and pedestrian amenities including a bike rack, benches and trash receptacles. On the south side of the Dick's Sporting Goods building there is a 26' offset between the two faces of the building. The south facade has several contrasting brick pilasters and vine trellises attached to the masonry wall. There is also a public plaza of over 700 s.f. adjacent to the loading dock which will have a trash receptacle, bike rack and a bench as pedestrian amenities. The metal screen wall south of the loading dock will have ribbed painted panels and exposed support columns six feet on center with decorative metal caps. There will be vine trellises attached to the face of the screen wall as well. 20320 SW BIRCH STREET SUITE 140 = NEWPORT BEACH CALIFORNIA 92660 Phone 949.474.7668 Fax 949.474.7960 0 wv-ivw..avaIona rchitectural_corri FLEETWOOD B. JOINER & ASSOCIATES, INC. The west wall of Dick's will have an offset between facades of 132'. This wall will also have brick pilasters, vine trellises and three door openings with canopies above them. There is also a public plaza of over 2,000 s.f. at the junction of the Sears store. Regards, Gordon Ra dal), Architect CC: FILE RLSUB fg177rED JAN 13 2014 CITY OF ED ML Wqy ARCHITECTURE - PLANNING P. O. BOX 10296 — NEWPORT BEACH, CA 92660 (949) 640-0606 January 13, 2014 Ms. Janet Schull, A.I.C.P. Senior Planner City of Federal Way 33325 8th Avenue South Federal Way, WA 98003-6325 RE: File #13-104797-00-UP, Dick's Sporting Goods Response to Request for Additional Information Dear Ms. Schull: Job No. 1064-019-013 RESUBMITTED JAN 13 2014 CITY OF FEDERAL WAY CDS We are in receipt of the City's letter dated December 24, 2013, requesting additional information regarding the Process III Land Use review for Dick's Sporting Goods, located at the Commons Mall. With this letter, we are submitting six (6) copies of a revised civil and landscaping plan set for your continued review. The following items are addressed in this plan change as noted below: II. Parking The revised site plan submitted December 18, 2013, indicates there will be parking stalls directly adjacent to a new retaining wall with a pre -finished corrugated metal wall above. At a minimum, wheel stops are required to Prevent vehicles from hitting the adjacent wall. It is unclear whether the Proposed parking configuration with required wheel stops will meet the minimum parking stall dimensional criteria. For reference, see enclosed Bulletin 042 "Parking Lot Design Criteria" Response: The parking lot has been slightly reconfigured, shifting approximately 6' to the south, away from the new retaining wall. This leaves adequate room for a new cUrb and sidewalk to be placed between the stalls and the wall to prevent cars from hitting the wall. III. Landscaping A complete set of preliminary landscape plans is required for the Process III land use decision. The landscape plans must include all proposed landscaping in conjunction with the project. It appears from the conceptual drawings submitted that there is also landscaping proposed on the north side of the mall. The landscape plans shall include the following information at a minimum: ESM Federal Way 33400 81h Ave S. Ste 205 ESM Everett Federal Way. WA 98003 1010 SE Everett Mall Way. Ste 210 Civil Engineering Land Planning 252.638.6113 let Everett. WA 98208 Land Surveying 425.297 9900 let Landscape Architecture 800.345.56941011 free 3D Laser Scanning GIS 253.038.7104 fax 866.415.6144 toll free 425.297.9901 fax www.esmcivit.com Ms. Janet Schull, AI.C.P, January 13, 2014 Page 2 • Plant schedule with scientific name, common name, size, spacing and quantity of each plant • Specific location and square footage landscaping • Irrigation plan for lawn areas, if any Screening of outdoor facilities such outdoor storage, stormwater facilities equipment calculations of drought tolerant as trash/recycling enclosures, and ground based mechanical Response: Landscaping plans have been added as sheets 4 and 5 of this revised plan set They include the following: • A plant legend with scientific and common names, size spacing and quantities is located on sheet 5. • The plant legend on sheet 5 notes that all landscaping materials are drought tolerant. ■ There are no areas of lawn; therefore, no irrigation is proposed. ■ Screening of the outdoor facilities (loading dock) is proposed by the wall along the south side. There is a 1'-wide planter along this wall to support vines that will grow on the proposed vine supports along this wall. If you have any questions or need additional information, please do not hesitate to call. Sincerely, ESM CONSULTING ENGINEERS, L.L.C. FREDERICK B. BROWN, PE Vice President/Director of Engineering CC: James Palda, Steadfast Companies Don Larsen, Steadfast Companies iAesm-jobs11 064M M1 Mocumentlltr-001.doc MrARTmExroF Commumry DEVELOPMENT SKeveCFs 33325 8'h Avenue South G:'`:•C: -- Crime Prevention Federal Way, WA 9SW3-6325 253-935-2607;Fax 253-935-2609 WWW.6 ff way.com ESUBMITTED ' JAN 13 2014 crrY oF. FE Through Environmental b6libn OPTED) Checklist Instructions This checklist is designed to assist the project proponent in demos, I I -qg how CP'M principles have been met. This goal can also be met by submitting a written explanation as to low each of the three design principles ofllfawral Surveillance, Acem Control, and Cwnmho has been met. The checklist has bees prepared to provide guidance and mmstance in regard bo the integration of CPTED principles into proposed project designs. The purpose of the checklist is to assist a project proponent in identifying and inourporatixig design strategics that implement the CP'I`FD principles idexitified in Federal Way Revised Code (FMQ 19.115.010. C = principles, perforam = standards, and strategies are used during projcct development review too identify and incorporate design features, which reduce opportunities for crimftal activity to occur. The effectiveness of CPTED is based on the fact that crmnri�ls make rational choices about thaw targets. In general: (1) The greater the risk of being seen, challenged, or caught; the less NO* they are to commit a crime. (2) The greater the effort rcqunvd, the less likely tley are to wit a crime. (3) The lesser the actual or perceived rc wt% the less Rely they are to commit a crime. Through use of CP'IED principles, the built environment can be designed and managed to ensure: (1) There is more chance of being semi, challenged, or caugbt; (2) Greater effort is rap r4 (3) The actual or perceived rewards are less; and (4) Opportunities for criminal activity are minirnized- ClP'TED Design Principles CPTED design principles are functionally grouped into three categories: (1) Natural Surveillance. This category focuses on strategies to design the built environment in a manner that promotes visibility of pubfic spaces and areas. (2) Access Control. This category focuses on the techniques that prevent and/or deter unauthorized and/or inappropriate access. (3) Ownership. This category focuses on strategies to reduce the perception of areas as "ownerless" and ibereforeaysilable-&ru ndtsirable-mes - - - - - - - Bulletin #021— January 1, 2011 Page 1 of 2 UHandout 1CPTED Instructions How to Use This Checklist This checklist has been plgy=d to assist in identifying appropriate strategies to &corporrate OPTED design principles into proposed projects in Federal Way. The guidelines included in this checklist eapazld on the principles fmind in FWRC 19.115.010. It is recommended than the principles be reviewed initially to idcn* the approaches used to implement CYMD. Subsequent to this initial, review, this checklist should be reviewed to identify additional strategies that may be applicable for a proposed project. Not all strategies are applicable to all projects. In addition, the CPD principles may be addressed through strategies that are not listed. Checklist Design The checklist has been orgrmiwd m the following nanner. F%Rcdwat Ares 4-rricderig t thoww O&rc+MdbyC.PTEaprvtWf" Section sad d 1 1Frn4t1o1As1 Axes Evafaasion IN Perfortaaaoc PeOtWM== SkM1& d forAveW Cerformweesumdaw Stau&ud Use Only What &ache de� aumme of K� dcr"raSac Fl�aRc.•icw Strati' E3 Apt+wEledm�ie�Badd'vgl'amal6eri-w red-s4ue Wlsi ha. be amid toi�enrCpr IA: Natural SusvriElaace ' Chea Box t.t 8rOd Cornea Conforms ladx=a6rdrkisbar f A w id h Und Cff"M 14 padnvwW wdparkWgtom Air sMwevAar 6csn used in d=e i+1A scrate�r wrirr�n r � �n a� edw wife l's(tiwsyr,.;fiO d be di=L All bard= sloua krastrntrgy.►ahirhirxat � pWweqr9sbvAd be prim bla 4see through) �y lirtedbrr is CA+p yrd&*Cprgieci 1attQ.9 CtC. q CvpsiderfireFneal��P.n..ofmirrorsWallow us=to sm ehW of than and arcuad camas 6 Frt-x AppU=ta ay ❑ Otbff 1-dx'clrs +char M file rerirw Prac=ihe Ide rcrrrwdZWde!&r,r AahM&r an-ued Site Plan and Building PertWt Review Certain guidelines and tec:bniques are best applied during di$emt points in the review process. To assist 1n facilitating CPTED review, guidelines which are best considered during site plan review are indicated with a " ■ " symbol. Guidelines that are most -appropriately applied during building permit review are indicated with a "t)" symbol. Bulletin #021— Janaary 1, 2011 Page 2 of 2 k:lHandout ICPTED Instructions D"A PMENT OF COMiMUMW DEVELOPMENT V.MvICFS CITY OF 33325m 8Avenue South Federal Way, WA 98003-6325 253-935-2607; Fax 253-935-2609 %vwwxi nffederalwa .co n Preventlon Through Environmental Design (OPTED) Checklist, Directions PIease fill nut the checklist to indicate which strategies have bem used to implement CPM principles in Your proposed project. Pleas.- check all strategies that are applicable to your pMect for each of the numbered guidelines. You may check more than one strategy for each guideline. Your responses will -be evalLated by City Staff and wM be integrated info the Site Plan and/or Building Permit review prucag. Semen sod ✓ Funaionai uea Perfornmmce t I Perl'ormance Standard Stand i l N-Ainkcable&xmgSite rhwy&%�w _- a r7{I Id+±� d�tv� Paext RCVL-w SWIM 1.0 1.1 Bliaid Corners - Avoid blind comas inP"Wxgsand par%g lob. Paihvrays should be direct. All banim along pathways should peameable (see through) iaciud no taadscapin& .Fencing etc. © Consider the installation of mi nm to allow users to we abead of tham and around comers. Q Oth w strategy A 1.2 Site and Building Layout Allow natural observation from the street to the tree, front the use to the sbseK and between uses Valuatio-a for Agency Use CWy f �Coafbnw Revise, NA Ca .Mts: 'CO-60 5 Revise lIA Ca=zq�s., Bulletin #022— January]. 20t] — - Page 1 of kVIandoutsT.PTiBi] Checklist Seer €rod f Functional Area Performnl vslMa�iar for ce f k'erforrnsnce Ste 3art3 Standard Ageit ilsertly Stxatiegy it AppIxaMe dwft Ssa pbn RVVMW i B A#spr>cah!e during L�midmgFextfltt l�evaew 13 i OEleni the main entrance towards the street or both streets on � i For Non -Single corneas. ■ Family Development 1 Q Position habitable rooms with wludat+vs at the front of the dwelling, M Access by dwells or other uses above conmscrciall retail development should not be from the rear of the building. ■ Offriet windows, doorways and balconies to allow for natmrd observation while protecting privacy. ■ a Locate main ent ances/ents at the front of the site and in view of the street ■ For Cammcrcm / Retail/ T.rfilg al If employee entrances mast be separated from the main and Comnu ity ❑ entrancc, they should maximize opportuaWes ibr natural Facilities surveillance from the street 0 In jiAdMtrial developments, ad 3jm tratinnlofrjces should be located at the front of the building. ■ Avoid large expanses ofparlcing. Whim large rpames of For Surface �j PaikiaS are proposed, provide surveillance such as sftnnity Parking and cameras_ ■ Parking Structures Access to elevatoTs, stairwells and pedestrian pathways should be clearly vimble from an adjacent pacing area. a Avoid hidden recesses. ■ I."ate Parking arras in locations that can be observed by adjoining uses. a Open spaces shall be clearly designated and situated at For Conn/ ,,�( locations that are easily observed by people. Parks, plazas, CPS Slime U co=Mn urns, aged playgrounds should be placed in the front Areas of buildings- Shopping centers and other similar uses should fare streets_ w Other strategy used: Bulletin #022 —January 1, 2011 Page 2 of 9 iclHandvu#91CPTED Checklist i "eziioil aud V' i ctiaual Area E-Valuatim for �'e>s io�ma�Stant#srd tt ilse only � _ ■ R3u�iic�k ��gSitc 1"!� t�.+nesv 13 Common/Open Space Arens and PubBe 01-Site Open .+,Ctrdarms Space Revi� Provide na wW srenwUmce for commonloperr space areas. � _ ,, r CNA �m:rzfs. Positron active um or habitable rooms with windows adjacent L-J to main M=Mnlopen space areas, e.g, Alaygraunds, i 5winn� Pavia, etc., and public on-srte open, space... Design and 'm tc dumpster enclosures in a man = which screens refuse containers but avoids pmvidmg upporhmties to E1A4 R I.acIlte waiting areas and extcrml entries to elevatOrS/Aairwells 13 close to areas of active uses to make them visible from the building entry. e 0 Locate seating in areas ofactive nsm e i ❑ t lA Entsnnces Provide en ies that are c � Cottfarnas leariq �� I'.evise „DNA Comments: IS bl Design entrances to allow uses to see ipbp them be6mae entering. ■ Enhmmes should be Glean identified Si F Y (Signs nanst conform to PWRC 19.140.060. Exomist,S�n (Appikable during Cerkficots of �ianc+}�Ins ectianl_ er St-aegy used: 0 F Fencing �a� Fence design should maranke natiaal moveillan"from the _Confo street to the building and from the building to fire suet% and . -I' A ; nunimae OPPOrtu hies for baruders to hide. Bulletin #022 — January I, 2011 Page 3 of 9 kAHandantslCP7'ED # Section and I '/ Performance I Standard j i Functional Area Evalusson for Performance Standard Agency Use Only Stxa�,egy � = AWicaSkdutmgsize Phsltavtea e AppFi-We dmng su wmg PFmst!# Rsvmw _E3 Front fences should be predomimanIy open in design, e.g. Pickets or wrought iron, or lore in height_ E) Design high solid front fences in a manner thatco inrporates Q Open elements to allow visibility above the height of five feet if noise insulation is raquk4 install double -glazing at the ❑ front of the building rather than solid fences higher than five feet. 8 Other strategy v.se& 1.5 Landsxaping _. Gonfenxns Avoid landscaping which obslruc& natural surveillance and Revise allows intruders to hide. ILIA ❑ Tres with dense low growth foliage should be spaced or the crown should be raised to avoid a continuous barrier. ■ Ilse Iow grouxtdcaver, shrubs a minimum of 24 inches in height, or high -canopied trees (clean trimmed to a height of eight feet) around chUdren's play areas, parking areas, and along pedestrian pathways. a Avoid vegetation that conceals the budding entrance from the street a Other strateunse& i 1.7 Exterior Lighting _Cordomu Provide extenorlighhng that enhances nawra =rveillance. # Devise (Refer to FWRC 19.115.05007)(a) for specific Jig Ming ! 'vA re9vireznents.) Contents: Prepare a lighting Plan in accordance with MamEinating i Engmeering Society of America (rESA) Standards, which ❑ addresses project lighting in a comprehewive nic er_ Select a lighting approach that is consistent with local conditions and 1 i crime problems. w Bulletin #022 — January 1, 2011 Page 4 of 9 k:lHandoutslCP7BD Checklist a - t RtucljonsJ Area -PerfOruance Standard 1 � _'larT�nis}» dwr�xa �� PL�a �e+Fxtti' Locate elevated light fixtures (poles, light sue, etc.) in a { coordinated man= that provides the 1 P desired cover -age. The usef'trI ground ebvarage of an elevated lightftuft is roughly twice its height M For areas intended to be used at night, ensure that Ding �] suppvxte v'M'Mdity. Where hghtil;g is placed at a lower he,* tc support ebility for pedestrians, ensme that it is va:�. resistw& ❑ Ensue inset or modulated spaces on a buRding facade, accesslegms rotdr~s, and signage is well lit e ❑ In areas used bypedestri =, ensure that lighting ahfttes an pedest<isa pathways and possble enti-dpmrat spaces. e Plane Ong to "'ke ift amour vegtWon, is its current and ❑ matte fuM as well as any e'thcr elemcctt that may have the Potential for blocking h9ht- E) Avofd lighting Ofsrcas not natended far nighttime use to avoid om ❑ &ta false impression of use or safety. If danger spots are usually vacant at rgght, avoid lighting them and close &= off to pedestrians. Q p� Select and light "safe routes" so that these become the focus of legitimrite pedesGrisn activity after dadL ■ mbing OPPOMMUes ° bylocatiEg h�eec� P away ftmwaW Or law Use photaelectm rather than tM swiwh m far �vr lighting. b projects that WHI be used primarily by older people (mat homes, congregate care facilities, senior and/ or C°MMMnity centers, etc;) provide higher levels of brightness m public/comn= areas. Q ElOL?E2 SttB#�� : ASK of Us" 11 wed use buildings increase opportunities formadual since, while prateag privacy. Yalu atjoR faY, Ap.acy Use ().G4,t i canfor :, —'Revise �XA Co mn , Bulletin #022 —January 1, ZOl t Page 5 of 9 kWandnutsiCPTID Checklist Se.W ►n and f Performance f ✓ � �e�.�s.J Area I Sta>�a_rd i Perforwa� S'taudar'd &a-�ng s, te pjW Reveft 9 A3eo nx du"; &an&img P n9i �iy,lew Whereallowed by cety co ` de, locate P shops and businesses on lower floors and residences on upper floors. I- this ❑ reside"& eau observe the businasses aRet hours while the residences can be observed by the busimesses 1 hours. R &Uillg b[I�q ❑ Include fopd tn,.�1� structures. 14" dw' restu� eW' W'ddnI II Ild fieddag OtherstrRk-W. mod E'*atnatiou for Agency L.rse Orly Security Bars, Shutters, and Doors When used and permitted by huildnr •r� rn:� $ors shutters, g andre coder, security • 11; : ,;r and doors should allow observation of the street � s ❑ �and be ianrlSrLent with the arcfrtiectura! si le o the 6uildu� - Sr-�CamritYa" s and suety doors should 6e {see~thrat�h). Q WmWa y pernmable [ Other strategy used_ i Seetion and ve Fttncti Oral Area - Performance Perform%Rce Standard Evaluation for _ S zdard Agesey Use Only sit ■ APP cable during site pim�vreW Q Appbcable dwing Biding p"=Revrew Sects Z.Q Acmes Control 2.1 Budding IdentMea#ion Ensure buildings are Clearly identified confornIs Prevent unintended access and to assist sheet nturther to _Rewse the building. Identification si perso�rs trying to J d him 19140.060. Exempt Sig.. � must confarnt to FWRC Colments. ❑ Street number Should be plainly vaisible and 1 street or road frogging the property- C) from the Bulletin #022.. ]anuary (' 2011 Page 6 of 9 LAHandout _l TED ch"kh t iA, tf-••a-443 EJ'!b lLi{�]•RL��'� Area rs r lee Pcafvrmnacc tiSta'ndard standard S! ate yr' r I AgplicahL- dine;& Srte Plan R,, { •APPlicable darn$ &n � khog Pe;= Re�- In residential uses, each dal unit should be clearly .numbered In Mull3ple.lluildiztg. cumisleaes, each building may. ® should elearly statL- the unit nambers accessed In addifia ss_d from than entry. n, unit hers should be provided on each level or floor. 8 ❑ Street �bexs should 6e made of duble rci?ective or luminous, and usabstcuctedr Pre�biy i {c.g- by #aliage). A 1 i For larger projects, provide location asses {fixed plaque . ❑ format) and dir,,, cd a1 siP4$e at public I intomal public routes of travel 9 CEIr'Pam and along s ❑ter stia wed; E A"` Entraaces Avoid confusion M loca ing huilsk g e�etronees. 2.3 2.4 En%cs should be e.RYTeM amble through design featrnu, and airecfinnal sigwge. (Si9M meat conform to FWRC 19.140-060. Exempt Signs. ■ Ukunizethe amber of entrypoints a Other strategy used: 13 EvWnatjol, �v gamey Vs OJ'Y f Cotrfarsrts . Jtovm DNA comments - Landscaping ��` Use vege&UYOn as harriers to deter unasrtharired access _` fv s ❑ using thomyplants as an efFcc ive baser. A 13 Othastrategy used. Landscaping Location Amid placement of vegetation that would enable access to a building or to neighboring building3. Bulletin#= _January 1, 2011 Page 7 of 4 onfoxms 1 wise NA C-=M=vs1 kVfandoutslCpTED Checklist Serlon and ✓nnsta Pad nCe Standard Pe3rfOrm nee Standard 2.5 2.6 Strategy 0 Applicable during Site Plan Renew 9 "PP =ble dig Builder Fernm RM. Avoid placement of urge trees, ��, uttystructures, few and gU ters next to second story windows or balconies that could provide a means Of access. ■' Other strategy used: 0 - Security Reduce oPPo?uatii J far unauthorized access Consider the use of security �lwdvvam ndr0 reduce oppart.,fesfo.nth cs orzed access. l to eox r Other strategy used: C] Evaiaation for Agency Use 0D1y --Conforms NA 1 events- s ignage .Insure that signage is clearly visibl7FaS*Yread and simplel�.iss to understand jSignr must conform tokC19.1�p pdp F,xernPt Signs]. _NA -0mme xts. 0 Use strong colors, standard symbols, and L- informational signs. e strop B Fhics for For Surface 0 U}7ort enter� the Parkmg area, Provide both p,demuw and Par drivers withr a olear undentandiug of the direction to stags, and elevators, and exits. S Parking structures Ej In intlti Ievel parking areas, u'se creative signage to distinguish between floors to enable users to easily locate their cars. B Advise users of security measures that are in place and where to find them, i.e. Security phone or intercom system, Provide signage in the parking area. advising users to lock theix cam B Bulletin #022-7anuary 1, 2011 Page 8 of9 k:IFiandouM CP ChChecklist i Seaman and ��z wee f wg vl 3. i 3.1 3.2 Y, FURCti►trrat Area Perfbr a Stmdard • °�Ppltcahle � Fran R Apple;a &Muggmidns I�er= Sew ❑ Whem exits are closed af}cr e rn, � this iufoma indicsied at thho e parking area Ica e Other strategy used. Maintenance Create a "caredfor" image Evatuan" -for Agency use ()Dl r Ensure that lands"" '�~ �.craeztis: I9-125.090 r H �.mcd, as per MVIZC and sectdty, f order to of ownexsl P, cane, r ❑ VVhcw possible, design Mnlb-unit residential � *an she to eight Uab dwe a biding entnmcc. Other strategy used . Materials Use »/R whichreAwethe opPortunityf°rdutistrr. Consider using strong, wc&r resistant zed ceramics, treated y p 'MMna,M_ �❑ At essbiD�, anti -graffiti paints, anti cIear over spra cpFortunitzes for vandeli=L Avoid flat or pc F to redacc arm "re lramd i-9 hkely to be a problem. 9 � in ❑ Where large walls are unavoidable, Ofir to FWRC 19.I2S.04p(21) regardi.4g th, nse of ► Wetative screens. 9 Commn are* for street fianitare ❑ wed vandal �resistaur Shall be made of long anchoz points, Or 1s and sec by sturdy removed after hours_ S 0 st-Vewused. Bulletin #0?.2 _ January 1, 2011 Fags 9 oi9 k:ViendoutskCPTED Checklist CITY OF Federal CITY HALL 33325 8th Avenue South Feder y Federal Way, WA 98003-6325 (253) 835-7000 wwwcityoffederalway. com Mr. James Paldo December 24, 2013 Steadfast Commons II, LLC 18100 Von Karman, Suite 500 Irvine, CA 92612 Re: File #13-104797-00-UP; Additional Information Requested / I" Technical Review Comments Dick's Sporting Goods, 1819 South Commons, Federal Way; WA Dear Mr. Paldo: The following information must be received in order to complete review of your application for Process III review. This letter addresses information submitted on October 28, 2013, and modifications submitted on December 18, 2013. Planning Division, Janet Shull, (253) 835-2644, janet.shull@cityoffederalway.com I. Site Plan — General Requirements The October 28, 2013, submitted Overall Site Plan has useful information, such as the parking stall count; however, the scale of 1/8 inch equals 1 foot is too small to provide adequate detail for land use permit review. Please submit project site plans at a minimum scale of 1"=20' that shows all proposed work on both the north and south sides of the existing mall stricture and include at a minimum, the following information: Name and phone number of the owner/agent • Name, phone number, and license stamp of preparer North arrow and bar scale Vicinity Map Site area Total parking stall count Total gross floor area of all proposed floors or levels Location and dimensions of existing/proposed structures, property lines sidewalks, easements, parking layout, street edges, mechanical equipment, trash enclosures, outdoor uses, storage areas, fencing, rockeries, and retaining walls Existing and proposed utilities • Location and square footage of any on -site pedestrian areas, such as plazas or courtyards or open space areas II. Parking The revised site plan submitted December 18, 2013, indicates there will be parking stalls directly adjacent to a new retaining wall with a pre finished corrugated metal wall above. At a minimum, wheel stops are required to prevent vehicles from hitting the adjacent wall. It is unclear whether the proposed parking configuration with required wheel stops will meet the minimum parking stall dimensional criteria. For reference, see the enclosed Bulletin 042 "Parking Lot Design Criteria." Mr. James Paldo Page 2 December 24, 2013 III. Landscape Plans A complete set of preliminary landscape plans is required for the Process III land use decision. The landscape plans must include all proposed landscaping in conjunction with the project. It appears from the conceptual drawings submitted ihat there is also landscaping proposed on the north side of the mall. The landscape plans shall include the following information at a minimum: • Plant schedule with the scientific name, conznzon name, size, spacing and quantity of each plant • Specific location and square footage calculations of drought tolerant landscaping • Irrigation plan for lawn areas, if any Screening of outdoor facilities such as trash/recycling enclosures, outdoor storage, stormwater facilities and ground based mechanical equipment IV. Administrative Design Guidelines a. Critne Prevention Through Environmental Design (CPTED) — The applicant states in the one page narrative submitted on October 28, 2013, that the project will meet CPTED requirements through the use of security cameras and mirrors in corridors. This information has been reviewed by Police Department staff and is found to be acceptable with the assumption that the applicant is proposing to use Safe City cameras and mirrors in line with the security measures approved for other mall tenants. Please identify proposed camera locations on the site plan/ elevation drawings (as applicable). In addition, the applicant must complete and submit a CPTED checklist addressing overall building and site design. The CPTED checklist will be routed to our Police Department for review. A copy of the CPTED checklist and instructions is enclosed. b. Site Design Standards — Pedestrian amenities should be incorporated into the overal I site design (Federal Way Revised Code [FWRC] 19.115.050[1][b]). Pedestrian amenities need to be added to the public spaces on the south side of the building. At a minimum, a bicycle rack, furniture, and trash receptacles should be added to the pedestrian areas on the south side. Note that there is an existing wall -mounted bike rack in the vicinity of the building addition on the south side of the mall that appears to be in the path of the new development. In addition, South 324"' Street is a designated bicycle route with bicycle lanes directly adjacent to the subject site. c. Pedestrian Circulation and Public Spaces — Per FWRC 19.15.050(4)(c) and 19.15.090(3)(d), pedestrian connections should be provided between buildings, and shall connect all major business entrances in multi -tenant complexes. The December 28, 2013, resubmittal appears to eliminate the pedestrian connection along the south facade of the proposed building addition. A pedestrian connection currently exists in this area and must be maintained in the proposed development. Eliminating the existing pedestrian connection would make the subject site more nonconforming than it already is. Therefore, the site plan must be revised to maintain the pedestrian connection along the south side of the mall building. d. Facade Treatment — The north, south (including the wall screening the loading dock as it functions as part of the south facade), and west building facades exceed 60 feet and are visible from the public right of way. The north, south, and west facades must meet the minimum Fl I 913-IOa797-00-UP Doc. ID 64545 Mr. James Paldo Page 3 December 24, 2013 requirements of FWRC 19.115.060(2)(a-d) by incorporating a minimum of two of four of the fagade treatments specified below. The submitted plans and elevations lack dimensional information and detail necessary to ascertain that the minimum fagade treatment requirements are met. Please submit site plans and elevations that clearly indicate how the minimum fagade treatment standards are met. In addition, please provide a narrative that describes how the below requirements are satisfied. 1. Fagade Modulation — A minimum depth of 2 feet, minimum width of 6 feet, and maximum width of 60 feet. Alternative methods to shape a building such as angled or curved fagade elements, offset planes, wing walls, and terracing will be considered, provided that the intent of the section is met. 2. Landscape Screening — Eight -foot -wide Type II landscape screening along the base of the fagade, except Type IV may be used in place of Type Il for facades that are comprised of 50% or more window area, and around building entrances. 3. Canopy or Arcade — As a modulation option, canopies or arcades may be used only along facades that are visible from a right-of-way. Minimum length is 50% of the length of the fagade using this option. 4. Pedestrian Plaza — Plaza square footage is equal to I % of the gross floor area of the building, but it must be a minimum of 200 square feet. The plaza should be clearly visible and accessible from the adjacent right-of-way. In most cases for this project, it would be adjacent sidewalk accessing parking area. e. Building Articulation and Scale — FWRC 19.115.060(3) specifies that building walls that are visible from rights -of -way and other public areas should incorporate methods of articulation and accessory elements in the overall architectural design. This requirement is applied in a manner where no wall area shal I be greater than 240 square feet in size and not have at least one element of articulation. The wall screening the loading dock and the west elevation have blank wall areas greater than 240 square feet without articulation treatment and would be visible from public rights -of -way, or other public areas. The following are the possible elements that may be applied to articulate blank walls: (i) Showcase, display, and/or recessed windows; (ii) Window openings with visible trim material, or painted detailing that resembles trim; (iii) Vertical treIIis(es) in front of the wall with climbing vines or similar planting; (iv) Set the wall back and provide a landscaped or raised planter bed in front of the wall, with plant material that will obscure or screen the wall's surface; (v) Artwork such as mosaics, murals, decorative masonry, or metal patterns or grillwork, sculptures, relief, etc., over a substantial portion of the blank wall surface (the Federal Way Arts Commission may be used as an advisory body at the discretion of the planning staff); File II3-104797-00-UP Doc I D 64545 Mr. James Paldo Page 4 December 24, 2013 (vi) Architectural features such as setbacks, indentations, overhangs, projections, articulated cornices, bays, reveals, canopies, and awnings; (vii) Material variations such as colors, brick or metal banding, or textural changes., and (viii) Landscaped public plaza(s) with space for vendor carts, concerts, and other pedestrian activities. Lakehaven Utility District, Brian Asbury, BAsbury@lakehaven.org The applicant has completed and submitted to Lakehaven an application a Developer Extension Agreement. The applicant will simply need to complete any necessary water and/or sewer facility construction and subsequently submit applications to Lakehaven for any necessary water and/or sewer service connections. APPLICATION STATUS Pursuant to FWRC development regulations, city departments are allotted 120 days to review and endeavor a decision on the Process III application. Any period in which the applicant has been requested to correct plans or provide additional information is excluded from the 120-day period. As of today, the review period has stopped with 31 days used. The review period will commence within 14 days of a resubmittal of items requested/corrected. CLOSING When resubmitting requested information, please provide four copies of any reports and six copies of any plans, in addition to the green resubmittal form. Pursuant to FWRC 19.15.050, if an applicant fails to provide additional information to the city within 180 days of being notified that such information is requested, the application shall be deemed null and void and the city shall have no duty to process, review, or issue any decisions with respect to such an application. If you have any questions regarding this letter or your development project, please contact me at 253-835- 2644, orjanet.shull@cityoffederalway.com. Sincerely, r Janet Shull, AICP, CSBA, LEED Green Associate Senior Planner enc: Bulletin 129 "Resubmittal Information" Bulletin 021 "CPTED Instructions" c: Kevin Peterson, Engineering Plans Reviewer Sarady Long; Senior Transportation Planning Engineer Bulletin 022 "CPTED Checklist" Bulletin 042 "Parking Lot Design Criteria" Rob Van Orsow, Solid Waste/Recycling Coordinator Brian Asbury, Lakehaven Utility District Fi le;Y13-104797-00-UP Doc. ID 64545 DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES � RESUBMITTED 33325 8`h Avenue South Federal Way, WA 98003-6325 CITY OF 253-835-2607; Fax 253-835-2609 Federal Way DEC 18 2013www.cJ1yoffedera1NvaX.com CITY OF FEDERAL WAY CDS RESUBMITTAL INFORMATION This completed form MUST accompany all resubmittals. **Please note.- Additional or revised plans or documents for an active project will not be accepted unless accompanied by this completed form. Mailed resubmittals that do not include this form or that do not contain the correct number of copies will be returned or discarded. You are encouraged to submit all items in person and to contact the Permit Counter prior to submitting ifyou are not sure about the number of copies required. ** ANY CHANGES TO DRAWINGS MUST BE CLOUDED. Project Number: Project Name: Project Address: Project Contact: 3- 1 OBI -~I q 7- o(9-L)P° 5�PYR77AI G 6�oor,>S 6P14 M 0 AfS MA-,L 5 o ✓ 77/ 4:1004 •14 o n/S VeA/ AZ-6`XA-,AJP6W Phone: RESUBMITTED ITEMS: # of Copies *" Detailed Description of Item � R�✓�sEb I�rl/GS' - GS Gs / aS.6 �Id o .Q� �/ �Iv: o/ A/z. ��.�� o f{-��},02 ji''pd,0/ SD•a/ 520.0/ .f'`�O.o/ 0.02 ,S',�D.Q/ I0, 02 mod, a2 �2b.o I ** Always submit the same number of copies as required for your initial application.** Resubmittal Requested by: -(at�'ra We-m-bei) Letter Dated: / 1 OFFICE USE ONL Y a� y RESUB A- Distribution Date: BY- Dept/Div Name # Description Building Planning PW Fire Other Bulletin # 129 - January 1, 2011 Page 1 of 1 k:�Handouts\Resubmittal Information CITY OF Federal Way DATE: November 21, 2013 TO: Lindsey Tiroux, PD FROM: Janet Shull, CED SURIECT: DICK'S SPORTING GOODS - (13-104797-00-UP) 1819 S COMMONS Dear Lindsey, MEMORANDUM Community Development Services, Department Please find attached a conceptual plan set for a proposed Dick's Sporting Goods at The Commons Mall. Will you please review this and comment in regard to OPTED concerns and in particular if you have similar concerns to those that were raised with the Kohl's addition. There appear to be some similar open air very narrow corridors with blind corners etc. I will be out of the office November 22-29 and back in the office December 2. I will check in with you after I return to see if you have any comments on this. Thank you. Janet DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT 33325 8th Avenue South Federal Way WA 98003 CITY OF 'V ' 253-835-7000; Fax 253-835-2609 `� Federal Way www.cifvoffederolway.com DECLARATION OF DISTRIBUTION I I A�&� hereby declare, under penalty of perjury of the laws of the State of Was ington, that a: Notice of Land Use Application/Action ❑ Land Use Decision Letter ❑ Notice of Determination of Significance ❑ Notice of Public Hearing before the (DS) and Scoping Notice Hearing Examiner ❑ Notice of Environmental Determination of Nonsignificance (SEPA, DNS) ❑ Notice of Mitigated Environmental Determination of Nonsignificance (SEPA, MDNS) ❑ Notice of Land Use Application & Optional DNS/MDNS ❑ FWRC Interpretatbn ❑ Other ❑ Notice of Planning Commission Public Hearing ❑ Notice of LUTC/CC Public Hearing ❑ Notice of Application for Shoreline Management Permit ❑ Shoreline Management Pemit ❑ Adoption of Existing Environmental Document was ❑ mailed ❑ faxed ❑ e-mailed and/or posted to or at each of the attached addresses on 2013. 1 ` �S'� Project Name File Number(s) 13 6 0 9 Signature Date �J K:\CD Administration Files\Declaration of Distdbution.doc/Last printed 11 /21 /2013 12:56:00 PM Posted Sites: Federal Way City Hall: 33325 8h Ave South Federal Way Library: 34200 1st Way South Federal Way 320h Library: 848 S. 32ah St '. 18 I °1 saji/I K:BCD Administration Files\Declaration of Distribution.doc/Last printed 11 /21 /2013 12:56:00 PM .-t CITY OF Ak Federal Way DECLARATION DEPARTMENT OF COiNIMUNITY AND ECONOMIC DEVELOPMENT 33325 81h Avenue South Federal Way WA 98003 253-835-7000; Fax 253-835-2609 www.cit atfederalwa .core OF DISTRIBUTION Washington, that a: 1v h reby declare, under penalty of perjury of the laws of the State of - Notice of Land Use Applicatio n/Action ❑ Notice of Determination of Significarce (DS) and Scoping Notice ❑ Notice of Environmental Determination of Nonsignificance (SEPA, DNS) ❑ Notice of Mitigated Environmental Determination of Nonsignificance (SEPA, MDNS) ❑ Notice of Land Use Application & Optional DNS/MDNS ❑ FWRC Interpretatbn ❑ Other was � mailed ❑ faxed C/ , 2073. Project Name File Number(s) __13- ❑ Land Use Decision Letter ❑ Notice of Public Hearing before the Hearing Examiner ❑ Notice of Planning Commission Public Hearing ❑ Notice of LUTC/CC Public Hearing ❑ Notice of Application for Shoreline Management Permit ❑ Shoreline Management Pemit ❑ Adoption of Existing Environmental Document EJ e-mailed and/or ❑ posted to or at each Of the attached addresses on s 14 u C,4 qLo LklL 4-- --------------------- Signature r:\CD Administration Files\Decloration of Dislribution.doc/Lost printed 1 1 /19/2013 3:05:00 PM Date —Aila� � Posted Sites: FedFed Tare Way City Hall: 33325 8h Ave South Federal Way Library: 34200 I,t Way South Federal Way 320h Library: 848 S. 32(jh St K:\CD Adminislra lion Files\Declaration of Distribution.doc/Last printed 11 /19/2013 3:05:00 PM A�� CITY OF Federal Way NOTICE OF LAND USE APPLICATION Project Name: Dick's Sporting Goods Store Project Description: Construction of 45,000 square feet of new retail space with site improvements requiring Process III, Project Approval. Applicant. Mr. James Palda, Steadfast Companies Project Location: 1819 South Commons (The Commons Mall), Federal Way, WA Date Application Received: October 28, 2013 Date Determined Complete: November 15, 2013 Date of Notice of Application: November 22, 2013 Pen -nits Required by this Application: 1. Project Approval (File #13-104797-00-UP) 2. State Environmental Policy Act (SEPA) (File #13-104798-00-SE) Related Permits: None Relevant Environmental Documents are Available at the Address Below. X YES _NO Development Regulations to be Used for Project Mitigation, Known at This Time: Federal Way Revised Code (FWRC) Title 14, "Environmental Policy"; FWRC Title 19, "Zoning and Development Code" Consistency With Applicable City Plans and Regulations: The project will be reviewed for consistency with all applicable codes and regulations including the FWRC; King County Surface Water Design Manual, the International Building, Fire, and Mechanical Codes. The official project file is available for public review at the Department of Community and Economic Development (address below). Any person may submit written comments on the environmental and land use applications to the Director of Community and Economic Development by December 9 2013. Only persons who submit written documents to the director, or specifically request a copy of the original decision, may appeal the director's decision. Contact Senior Planner Janet Shull, AICP, 253-835-2644 33325 8th Avenue South Federal Way, WA 98003 Published in the Federal Way Mirror. November 22, 2013 Doc I D 64513 N DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT 33325 8th Avenue South Federal Way WA 98003 CITY OF 253-835-7000; Fax 253-835-2609 Federal Wa'^"^'N'-clt affederalwa .ca Y DECLARATION OF DISTRIBUTION t, hereby declare, under penalty of perjury of the laws of the State of 2� Washington, that a: 0- Notice of Land Use Application/Action ❑ Notice of Determination of Significarce (DS) and Scoping Notice ❑ Notice of Environmental Determination of Nonsignificance (SEPA, DNS) ❑ Notice of Mitigated Environmental Determination of Nonsignificance (SEPA, MDNS) ❑ Notice of Land Use Application & Optional DNS/MDNS ❑ FWRC Interpretation ❑ Other ❑ Land Use Decision Letter ❑ Notice of Public Hearing before the Hearing Examiner ❑ Notice of Planning Commission Public Hearing ❑ Notice of LUTC/CC Public Hearing ❑ Notice of Application for Shoreline Management Permit ❑ Shoreline Management Permit ❑ Adoption of Existing Environmental Document was ❑ mailed ❑ faxed �e-mailed and/or ❑ posted to or at each of the attached addresses on 2013, Project Name File Number(s) 3- D l 9L ,S 2 Signatur Date l ` .K:\CD Administrai ion Files\Decloraiion of DistribuIion. doc/Last printed 11 /19/2013 3:05:00 PM Posted Sites: Federal Way City Hall: 33325 8h Ave South Federal Way Library: 34200 lst Way South Federal Way 32dh Library: 848 S. 320h St K:\CD Adminisiration Files\Declaration of Distribufio%doc/Last printed 1 1 /19/2013 3:05:00 PM 0 CITY OF 44k"., Federal Way NOTICE OF LAND USE APPLICATION Project Name: Dick's Sporting Goods Store Project Description: Construction of 45,000 square feet of new retail space with site improvements requiring Process III, Pro space Applicant: Mr. James Palda, Steadfast Companies Project Location: 1819 South Commons (The Commons Mall), Federal Wa , WA Date Application Received: Y 13 Date Determined Complete: October November , 20 13 Date of Notice ofApplication- November 22, 2013 Permits Required by this Application: 1. Project Approval (File #13-104797-00-1JP) 2. State Environmental Policy Act (SEPA) (File #13-104798-00-SE) Related Permits: None Relevant Environmental Documents are Available at the Address Below. X YES _ Development Regulations to be USed for Project Mitigation, Known at This Time: NO Federal Way Revised Code (FWRC) Title 14, "Environmental Policy,; FWRC Title 19 "Zoning and Development Code" Consistency With Applicable City plans and Regulations: The project will be reviewed for consistency with all applicable co Building, Fire, and Mechanical Codes. des and regulations including the Ff1VRC; King County Surface Wafer Design Manual; the International The official project file is available for public review at the Department of Community Economic Development (address below). An environmental and land use applications to the Director of Community and Economic and y person may submit written comments on the Development by December 9 2D13. Only or specifically request a co of the original decision, ersons who m submit written documents to the director, PY Y appeal the director's decision. Contact: Senior Planner Janet Shull, AICP, 253-835-2644 33325 8`h Avenue South Federal Way, WA 98003 Published in the Federal Way Mirror. November 22, 2013 a Tina Piety From: Mary Lou Goss <mgoss@fedwaymirror. com> Sent: Wednesday, November 20, 2013 9:52 AM To: Tina Piety Subject: Re: FW: Legal Notice I had not ... but it is all taken care of now:) Mary Lou Goss Office Coordinator/ Advertising Sales Consultant Office: 253-925-5565, Ext 3056 Internal: 02-3056 31919 1st Ave S, Ste 101, Federal Way, WA 98003 191 Sound Publishing, Inc. Map Print Rates Online Rates Media Kit Sound Info On Wed, Nov 20, 2013 at 9:41 AM, Tina Piety <T na.Pietvfa)citvoffederalwa .comp wrote: Did you receive this? Thank you. Tina From: Tina Piety Sent: Tuesday, November 19, 2013 1:23 PM To: Admin at Fed Way Mirror Subject: Legal Notice Hello, Please publish the attached legal notice (Dick's Sporting Goods Store NOA, 13-104797-00-UP) in Friday's (11/22/13) issue. Please furnish an affidavit of publication. Thank you, Tina Piety, Administrative Assistant II Department of Community and Economic Development City of Federal Way 33325 8th Avenue South 1 Federal Way, WA 98003-6325 253-835-2601;Fax 253-835-2609 4s� CITY of Federal11 ay NOTICE OF LAND USE APPLICATION Project Name: Dick's Sporting Goods Store Project Description: Construction of 45,000 square feet of new retail space with site improvements requiring Process III, Project Approval. Applicant: Mr. James Palda, Steadfast Companies Project Location: 1819 South Commons (The Commons Mall), Federal Way, WA Date Application Received: October 28, 2013 Date Determined Complete: November 15, 2013 Date of Notice of Application: November 22, 2013 Permits Required by this Application: 1. Project Approval (File #13-104797-00-UP) 2. State Environmental Policy Act (SEPA) (File #13-104798-00-SE) Related Permits: None Relevant Environmental Documents are Available at the Address Below: X YES _NO Development Regulations to be Used for Project Mitigation, Known at This Time: Federal Way Revised Code (FWRC) Title 14, "Environmental Policy"; FWRC Title 19, "Zoning and Development Code" Consistency With Applicable City Plans and Regulations: The project will be reviewed for consistency with all applicable codes and regulations including the FWRC; King County Surface Water Design Manual; the International Building, Fire, and Mechanical Codes. The official project file is available for public review at the Department of Community and Economic Development (address below). Any person may submit written comments on the environmental and land use applications to the Director of Community and Economic Development by December 9, 2013. Only persons who submit written documents to the director, or specifically request a copy of the original decision, may appeal the director's decision. Contact: Senior Planner Janet Shull, AICP, 253-835-2644 33325 8th Avenue South Federal Way, WA 98003 Published in the Federal Way Mirror. November 22, 2013 ^^ � CITY OF Federal November 19, 2013 Mr. James Palda Steadfasi Companies 18100 Von Karman, Suite 500 Irvine, CA 92612 CITY HALL 33325 8th Avenue South Feder y Federal Way, WA 98003-6325 (253) 835-7000 www. cityoffederalway. cam Re: File #13-104797-00-UP; NOTICE OF COMPLETE APPLICATION Dick's Sporting Goods; 1819 South Commons, Federal Way, WA Dear Mr. Palda: FILE The Community and Economic Development Department is in receipt of your Process III Master Land Use (MLU) application and environmental checklist. The applicant proposes to construct a new 45,000 square foot retail space at The Commons Mall with associated site improvements. Pursuant to Federal YVay Revised Code (FWRC) 19.15.045, within 28 days of receiving an MLU application, the city shall determine whether all information and documentation required for a complete application has been submitted. NOTICE OF COMPLETE APPLICATION Please consider this letter a Notice of Complete Application. The Process III MLU application is deemed complete as of November 15, 2013. This determination of completeness is based on a review of your submittal relative to applicable requirements referenced within FWRC 19.15.040, "Development Application Submittal Requirements." Submittal requirements are not intended to determine if an application conforms to city codes, they are used only to determine if all required materials have been submitted. A 120-day time line for reviewing this environmental checklist and Process III application has started as of this date. The city's development regulations allow the department 120 days from the date that an application is deemed complete to take action on the application. However, the 120-day tirne line will be stopped at any time the city requires corrections and/or additional information. You will be informed of the status of the 120-day time line when you are notified in writing that corrections and/or additional information are needed. The Development Review Committee (DRC) staff is preparintD g initial technical review comments that will be forwarded to you in separate correspondence. Mr. James Palda Page 2 November 19, 2013 PUBLIC NOTICE The Notice of Application (NOA) will be distributed within 14 days of this letter as follows: 1) at least one notice will be posted at the subject property; 2) one copy will be posted at each of the official notification boards; 3) one copy will be published in the Federal Way Mirror; and 4) a copy will be mailed to residential property owners within 300 feet of the subject property. The department also has the responsibility to notify other agencies that may have jurisdiction over your development project or an interest in it. _. lu CLOSING If you have any questions regarding this letter or your development project, please contact me at 253-835- 2644, or Janet.shull(i)citvofFederalwav,corn. Sincerely, Ja iet Shull, AICP, CSBA, LEED Green Associate enior Planner c: Scott Sproul, Assistant Building Official Kari Cimmer, Permit Center Supervisor Ann Dower, Senior Engineering Plans Reviewer Sarady Long, Senior Transportation Planning Engineer Chris Ingham, South King Fire and Rescue Brian Asbury, Lakehaven Utility District File 913-104797-00-UP 64511 W--x272 !129 4- L 7622400015 2001 y h 4478 L-- 4475 1 .y \ �1 3 W-1272 16" W-i27� �rc•,� I 4572 an an memo" mmw XMI1 am win in Mm *1 3 on kehaven Utility district rrants nor guarantees + acy of any facility provided. Facility LTTY�and conditions areld verification. W--1.272 i2'--_______ 7622400025 2001 4569 Dick's Sporting Goods (13-104797-00-UP) N 0 100 200 Feet 11/5/2013 ------------------------------- W-Z272 -12 1 4 4478 4-475 7622400015 2001 . • ry ■ .' 4p 3 Mb 3 w-1272 16., W--1272 16" .1272 x ❑TE: Lakehaven Utility District neither warrants nor guarantees a the accuracy of any facility information provided, Facility locations and conditions are subject to field verification. 1 1 r I 4572 IV w--1272 x2 7622400025 2001 4569 Dick's Sporting Goods (13-104797-00-Up) 0 100 200 Feet N 11/5/2013 CITY OF A�' Federal Wa RECEIVED MASTER LAND USE APPLICATION I)EPARTiHENTDFCO,NIMUNITY DEVELOPIYIENTSERVICES 0 C T 2 2013 33325 8"' Avenue South Federal Way, WA 98003=6325 CITY OF FEDERAL WAY 253-835-2607; Fax 253-835-2609 CDS to w wxit 'o FfCder81 �V a r.00171 _Ur APPLICATION NO(S) �— '� _ IN qC18 5E Project Name Property Address/Location `1 19 i i Parcel Number(s) Project Description PLEASE PRINT Z2y(�-- boi© t ype of Permit Required Annexation Binding Site Plan Boundary Line Adjustment ComP Plan/Rezone Land Surface Modification Lot Line Elimination Preapplication Conference Process I (Director's Approval) Process II (Site Plan Review) ✓Process III (Project Approval) Process IV (Hearing Examiner's Decision) Process V (Quasi -Judicial Rezone) Process VI SEPA w/Project SEPA Only Shoreline: Variance/Conditional Use Short Subdivision Subdivision —Ve-Variance: Commercial/Residential Required Information -G _Zoning Designation C !�i�Comprehensive Plan Designation Value of Existing Improvements Value of Proposed Improvements International Building Corte (IBC): Occupancy Type Construction Type .rp G _ Applicant Date ! 21 Name: c, -,," s �y k C.� C_ i Address: l ��.. IG,at�-►,.,�s.� 4 �- t City/State: C k Zip: 112'i—j 7 Phone: `i -t " I r. Z 3 - --� 4 Oct Fax: cl L( c( asz 1 Email: Signature.� _ Agent (ifdifferen h n Applicant) Name: Address: City/State: Zip: Phone: Fax: Email: Signature: Owner Name: Address: City/State: Zip: Phone: Fax: Email: Signature: :tin #003 — January 1, 2011 Page 1 of 1 kAHandouts\Master Land Use Application Dicks Sporting Goods .A lication Narrative The proposed redevelopment, which consists of removal of 28,958 square feet and building 45,000 square feet for a new Dick's Sporting Goods store, for a net additional square footage of 16,042. Our previous Kohl's redevelopment reduced the overall mall square footage by 20,165 square feet, therefore we are still 4,123 square feet less than previously built. The proposed retail addition will enhance the shopping center and bring increased activity to the existing complex. The new development will address the Federal Way design guidelines and provide an appropriate level of architectural features to satisfy city requirements. The Crime Prevention through Environmental Design requirements will be met through the use of security cameras and mirrors in the corridors between existing Macys and existing Sears buildings and the proposed DSG store. Surface parking between the building and the adjacent public streets will provide for linkage to pedestrian pathways with additional landscaping to provide screening. The plaza in front of the north entrance will have canopies and extensive glazing penetrations. There will be enhanced paving, planters and benches in the plaza along with decorative bike racks as part of the pedestrian experience. The proposal is consistent with the Community Design Guidelines (FWRC Chapter 19.115) by: (a) the new department store primary entrance is clearly visible from the South 320ffi Street right-of-way; (b) use of material and color variation i.e., split face CMU, smooth face CMU and EFIS walls that are linked with accents bands, combined with metal canopies, steel cable trellis, display windows, metal coping and CMU piers; (c) the north building fagade is modulated and has a combination of canopies, landscape screening and a pedestrian plaza, while the south facade is modulated and has landscape screening; (d) facade articulation on the north includes a combination of large display windows, prominent entrance canopies, a variety of reveal and scoring dimensions, plaza landscaping, and a special pavement while fagade articulation on the south includes landscaping both ground planted and vertical, varying reveal and scoring dimensions and a steel cable support; (e) special paving is to be provided to connect the: north entrance of the building through the parking areas to South 320t' Street; (f) pedestrian access around the perimeter of the building is maintained; (g) benches and bike racks are provided in the public plaza on the north fagade; and (h) there is adequate delivery truck access and turning radius to the south as well as the north. RECEIVED OCT 2 $ 2013 CITY OF FEDERAL WAY CDS 4ik CITY Federalo. Way, RECEIVPEE D 0 Cl 2 8 'Z'61'3 CITY OF FEDERAL WAY CDS CITY CENTER PLANNED ACTION CHECKLIST This checklist is used to determine whether a proposed project is eligible to be considered a Planned Action and therefore exempt from further review under the State Environmental Policy Act (SEPA). PROJECT NAME Dick's Sporting Goods at Commons Malls STREET ADDRESS 1819 South Commons PARCEL NUMBER(S) 762240-0026-05 APPLICANT: COMPANY NAME OFFICE PHONE Commons Mall, LLC ( 949 ) 623 - 7709 APPLICANT NAME CELL PHONE James Palda ( 949 ) 533 - 3436 MAILING ADDRESS (STREET ADDRESS): FAX NUMBER 18100 on Karman, Suite 500 ( 949 ) 852 - 0701 (CITY, STATE, ZIP) E-MAIL ADDRESS Irvine, CA 92612 jpalda@steadfastcompanies.com 9 10 211 3 1. Please describe the proposed project in detail. Include the square footage of each proposed use. Also describe any existing uses currently on site and indicate if they will be removed. Demolish approximately 28,958 square feet of existing, vacant mall space to make way for a new Dicks Sporting Goods store approximately 45,000 square feet. New outward facing retail fagade for DSG and Future Tenants along 320th Street. New landscape, signage, enhanced walkways, paving for the redevelopment of the mall. 2. Please provide an estimate of the probable, net PM peak -hour vehicle trips to be generated by the proposed use(s). (You may deduct vehicle trips currently/previously generated by pre- existing uses on the site.) Please provide references and/or technical support for your estimates. There are no additional PM peak -hour trips for the proposed use. Our previous application for Kohl's reduced the mall square footage by 20,165 square feet (see File#11-102984-00-UP). Under the DSG proposal, we add only 16,042 SF of new building area. Therefore, the mall is still 4,123 square feet less than previous mall building area. 3. In order to be considered a "Planned Action" project, pursuant to Federal Way Revised Code (FWRC) 14.15.130(3)(d)(ii), a project must meet the all of the following criteria. Please verify that the proposed project meets these criteria. Feel free to provide explanatory notes, if applicable. a. X The proposed project is not otherwise exempt from SEPA; and b. X The proposed project is consistent with the City of Federal Way Comprehensive Plan adopted under RCW 36.70A; and C. X The proposed project is subsequent to or is implementing a project which has had its significant adverse environmental impacts adequately identified in the City Center Planned Action EIS; and d. X The proposed project falls within the Planned Action qualifications identified in FWRC 14.15.130(3(c); and e. X The proposed project's adverse impacts are able to be mitigated through the application and/or inclusion of mitigation measures detailed in the Mitigation Document, as well as other applicable City, county, state, and federal requirements and conditions, which together constitute sufficient mitigation for the significant environmental impacts associated with the proposed project; and f. X The proposed project complies with all applicable local, county, state, and federal regulations, and where appropriate, the proposed project complies with needed variances or modifications or other special permits have been identified; and g. X The proposed project is not an essential public facility. 18100 Von Kannan, Suite 500 Irvine, CA 92612 T 949.852-0700 F 949.852-0701 W www steadfastcom anies.com E inalda&a eadfastcompanies.com STEADFAST co®laIi0a 10/23/13 Grace Skidmore Development Specialist City of Federal Way 33325 8th Ave. South Federal Way, WA 98003 RE: DSG — Process III Submittal Dear Grace, Enclosed you will find the following materials for our Process III submittal: 1. Checklist 2. Application Fees 3. Master Land Use Application 4. 4 Copies of Application Narrative 5. 8 Copies of Modified SEPA Checklist 6. 8 Copies of Civil Plans including: a. Topographic Survey b. Preliminary Grading/Drainage/Right of Way Plan c. Preliminary Landscape Plan d. Clearing/Grading Plan Memo (4 copies) e. BMP Memo (4 copies) 7. 8 Copies of Architectural Plans including a. Site Plans b. Elevations 8. Two Copies of Title Report 9. One self -stamped envelope to Belmor Holdings. If you have any questions, please do not hesitate to contact me. Z ent, ?Steadfast Commercial Properties Cc: Isaac Conlen — Planning Department Marty Gillis — Building Official Chris Ingham — Deputy Fire Marshall RECEIVED OCT 2$ 2013 CITY OF FEDERAL WAY CDS CHICAGO TITLE COMPANY 701 FIFTH AVENUE, #2300, SEATTLE, WA 98104 Order No.: 0o3349459 PROPERTY .ADDRESS: COMMONS AT FEDERAL. WAY Your No.: NBU #OO M27-57/COMMONS AT FEDERAL WAY FEDERAL WAY, WASHINGTON 98003 RECEIVED STEADFAST COMPANIES OCT 2 8 2013 18100 VON KARMAN AVE, #500 CITY OF FEDERAL WAY IRVINE, CALIFORNIA 92612 CDS ATTN: DEAN CURCI Enclosed are your materials on the above transaction. If you have any questions regarding these materials, please contact us. Thank you for this opportunity to serve you. <<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<< >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> TMEUNIT 6 TELEPHONE: (206) 628-5610 TOLL FREE: (800) 627-0530 FAX: (206) 628-9717 DARYL SAVIDIS SENIOR TITLE OFFICER AND UNIT MANAGER (E-MAIL: DARYL.SAVIDIS@CIT.COM) DAVIDP. CAWBF:t.T. SENIOR TITLE OFFICER (E-MAIL: DAVID.CAMPBE r@=.COM) KETTH EISENBREY TITLE OFFICER (E-MAIL; KPnH.EiSENBREY@CTT.COM) MIKE IIARRIS TITLE OFFICER (E-MAIL: MICIIAEL.HARRIS@CTT.COM) <<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> 77TLM/RIDA/OM CHICAGO TITLE COMPANY 701 FIFTH AVENUE, #2300, SEATTLE, WA 98104 PHONE: (206)628-5610 FAX: (206)628-9717 Extended Loan Policy of Title Insurance SCHEDULE A Policy No: 001349459 Your Ref: NBU #OW02227-57/COMMONS AT FEDERAL WAY Address Reference: * * * SEE ATTACHED * * * Amount of Insurance: $ 42 , 2 5 0 , 0 0 0.0 0 Premium: $13 , 5 6 3 .0 0 Date of Policy: DECEMBER 27, 2012 at: 09:47 AM 1. Name of Insured: BANK OF AMERICA, N.A., A NATIONAL BANKING ASSOCIATION, ITS SUCCESSORS AND/OR ASSIGNS 2. The estate or interest in the Land that is encumbered by the Insured Mortgage is: FEE SIMPLE 3. Title is vested in: COMMONS MALL, LLC, A DELAWARE LIMITED LIABILITY COMPANY 4. The Insured Mortgage, and its assignments, if any, are described as follows: DEED OF TRUST, ASSIGNMENT OF LEASES AND RENTS, SECURITY AGREEMENT AND FIXTURE FILING, IN THE AMOUNT OF $42,250,000.00, DATED DECEMBER 26, 2012, EXECUTED BY COMMONS MALL, LLC, A DELAWARE LIMITED LIABILITY COMPANY, AS GRANTOR, TO PRLAP, INC., A WASHINGTON CORPORATION, AS INITIAL TRUSTEE, AND FOR THE BENEFIT OF BANK OF AMERICA, N.A., A NATIONAL BANKING ASSOCIATION, ITS SUCCESSORS AND/OR ASSIGNS, AS BENEFICIARY, RECORDED DECEMBER 27, 2012, AS INSTRUMENT NUMBER 20121227000629, OF OFFICIAL RECORDS. THIS POLICY VALID ONLY IF SCHEDULE B IS ATTACHED OBLPISA 11/20/07 bk CIIICAGO TITLE COMPANY ( Address Reference of Schedule A Exhibit) Policy No: 1349459 COMMONS AT FEDERAL WAY, FEDERAL WAY, WASHINGTON 98003 TAX NO. 06LPSAPO 11/20/07 bk CHICAGO TITLE COMPANY Emended Loan. Policy of Title Insurance Schedule A Continued POlicyNo: 001349459 5. The land referred to in this policy is described as follows: TRACTS A, B, C, D, E, F, G, I, J, K, L, M, X AND Y, CITY OF FEDERAL WAY BINDING SITE PLAN RECORDED UNDER RECORDING NUMBER 20070530001'643, IN VOLUME 241 OF PLATS, PAGE(S) 40 THROUGH 52, INCLUSIVE, AS AMENDED BY AFFIDAVIT OF CORRECTION OF BINDING SITE PLAN RECORDED NOVEMBER 1, 2007, UNDER RECORDING NUMBER 20071101001278; TOGETHER WITH THOSE CERTAIN NONEXCLUSIVE EASEMENT RIGHTS FOR VEHICULAR AND PEDESTRIAN INGRESS AND EGRESS, FOR PARKING, AND FOR UTILITIES AS MORE SPECIFICALLY DESCRIBED IN THE CONSTRUCTION, OPERATION AND RECIPROCAL EASEMENT AGREEMENT RECORDED UNDER RECORDING NUMBER 7501130291, AND AS SAID AGREEMENT MAY HAVE BEEN AMENDED BY INSTRUMENT RECORDED UNDER RECORDING NUMBER 5704011390, RECORDS OF KING COUNTY, WASHINGTON. ASSESSOR'S TAX PARCEL NOS.: 762240-0010-03, 762240-0011-02, 762240-0012-01, 762240-0013-00, 762240-0014-09, 762240-0016-07, 762240-0017-06, 762240-0018-05, 762240-0019-04, 762240-0020-01, 762240-0021-00, 762240-0025-06, 762240-0026-05 6. This policy incorporates by reference those ALTA endorsements selected below: ❑ 4-06 ( Condominium ) ❑ 4.1-06 ❑ 5-06 ( Planned Unit Development) ❑ 5.1-06 ❑ 6-06 ( Variable Rate) ❑ 6.2-06 (Variable Rate - Negative Amortization) Ej 8.1-06 ( Environmental Protection Lien) Paragraph b refers to the following state statute(s): ❑ 9-06 ( Restrictions, Encroachments, Minerals) ❑ 14-06 (Future. Advance - Priority) ❑ 143-06 ( Future Advance -Reverse Mortgage) ❑ 22-06 ( Location) The type of improvement is a and the street address is as shown above. ❑ 13.1-06 (Leasehold Loan) ❑ 14.1-06 (Future Advance - Knowledge) THIS POLICY VALID ONLY IF SCHEDULE B IS ATTACHED 06LPISAC 11/20/07 bk CHICAGO TITLE COMPANY Extended Loan Policy of Title Insurance SCHEDULE B - PART I Policy No: 1349459 Your Ref: NBU #00002227-57/COMMONS AT FEDERAL WAY EXCEPTIONS FROM COVERAGE Except as provided in Schedule B - Part 11, this policy does not insure against loss or damage, and the Company will not pay casts, attorneys' fees, or expenses that arise by reason of: A B C D 1. EASEMENT CONDEMNED IN UNITED STATES DISTRICT COURT AND THE TERMS AND CONDITIONS THEREOF: IN FAVOR OF: UNITED STATES OF AMERICA PURPOSE: ELECTRIC TRANSMISSION LINE AND TELEPHONE AND/OR TELEGRAPH LINES AREA AFFECTED: PORTIONS OF SAID PREMISES CAUSE NUMBER: 274 AND 280 2. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: UNITED STATES OF AMERICA PURPOSE: ELECTRIC TRANSMISSION AND/OR DISTRIBUTION LINE AREA AFFECTED. A PORTION OF SAID PREMISES AND OTHER PROPERTY AS DESCRIBED IN SAID INSTRUMENT RECORDED: JANUARY 6, 1941 RECORDING NUMBER: 3139640 3. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: UNITED STATES OF AMERICA PURPOSE: ELECTRIC TRANSMISSION AND/OR DISTRIBUTION LINE AREA AFFECTED: A PORTION OF SAID PREMISES AND OTHER PROPERTY AS DESCRIBED IN SAID INSTRUMENT RECORDED: SEPTEMBER 19, 1941 RECORDING NUMBER: 3191819 4. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PURPOSE: OSLPiSS1 11/25/07 bk UNITED STATES OF AMERICA ELECTRIC TRANSMISSION AND/OR DISTRIBUTION LINE a t c jr CHICAGO TTTLE COMPANY SCHEDULE B - PART I ( continued) Policy No: 1345459 AREA AFFECTED: PORTION OF SAID PREMISES AS DESCRIBED IN SAID INSTRUMENT RECORDED: SEPTEMBER 24, 1941 RECORDING NUMBER: 3192646 5. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: UNITED STATES OF AMERICA PURPOSE; ELECTRIC TRANSMISSION AND/OR DISTRIBUTION LINE AREA AFFECTED: A PORTION OF SAID PREMISES AND OTHER PROPERTY AS DESCRIBED IN SAID INSTRUMENT RECORDED: JULY 23, 1942 RECORDING NUMBER: 3253880 6. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: UNITED STATES OF AMERICA PURPOSE: ELECTRIC TRANSMISSION AND/OR DISTRIBUTION LINE AREA AFFECTED: A PORTION OF SAID PREMISES AND OTHER PROPERTY AS DESCRIBED IN SAID INSTRUMENT RECORDED: OCTOBER 2, 1942 RECORDING NUMBER: 3268317 7. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: UNITED STATES OF AMERICA PURPOSE: ELECTRIC TRANSMISSION AND/OR DISTRIBUTION LI_NE AREA AFFECTED: A PORTION OF SAID PREMISES AND OTHER PROPERTY AS DESCRIBED IN SAID INSTRUMENT RECORDED: OCTOBER 24, 1942 RECORDING NUMBER: 3273002 8. EASEMENT CONDEMNED IN UNITED STATES DISTRICT COURT AND THE TERMS AND CONDITIONS THEREOF: 0GUS810 11/26/07 bk CHICAGO TITLE COMPANY SCHEDULE B - PART I ( continued 1 PolicyXo: 1349459 IN FAVOR OF: UNITED STATES OF AMERICA PURPOSE: ELECTRIC TRANSMISSION AND/OR DISTRIBUTION LINE AREA AFFECTED: A PORTION OF SAID PREMISES AND OTHER PROPERTY CAUSE NUMBER: 644 z A COPY OF THE JUDGMENT IN SAID MATTER WAS RECORDED MARCH 12, 1943, UNDER RECORDING NUMBER 3296523. .7 9. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: UNITED STATES OF AMERICA PURPOSE: ELECTRIC TRANSMISSION AND/OR DISTRIBUTION LINE AREA AFFECTED: A PORTION OF SAID PREMISES AND OTHER PROPERTY AS DESCRIBED IN SAID INSTRUMENT RECORDED: APRIL 13, 1943 RECORDING NUMBER: 3303164 x 10. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PUGET SOUND POWER & LIGHT COMPANY PURPOSE: ELECTRIC TRANSMISSION AND/OR DISTRIBUTION LINE AREA AFFECTED: A PORTION OF SAID PREMISES AND OTHER PROPERTY AS DESCRIBED IN SAID INSTRUMENT RECORDED: FEBRUARY 27, 1948 RECORDING NUMBER: 3777378 s THE DESCRIPTION CONTAINED THEREIN IS NOT SUFFICIENT TO DETERMINE ITS EXACT LOCATION WITHIN THE PROPERTY HEREIN DESCRIBED. m 11. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PURPOSE: OBL1881C 11/26/07 bk UNITED STATES OF AMERICA ELECTRIC TRANSMISSION AND/OR N 0 F 4 CHICAGO TITLE COMPANY SCHEDULE B - PART I continued ) Policy No: 1349459 DISTRIBUTION LINE AREA AFFECTED: PORTION OF SAID PREMISES RECORDED: NOVEMBER 7, 1958 RECORDING NUMBER: 4963337 12. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: UNITED STATES OF AMERICA PURPOSE: ELECTRIC TRANSMISSION AND/OR DISTRIBUTION LINE AREA AFFECTED: PORTION OF SAID PREMISES RECORDED: NOVEMBER 14, 1958 RECORDING NUMBER: 4965588 13. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: UNITED STATES OF AMERICA PURPOSE: ELECTRIC TRANSMISSION AND/OR DISTRIBUTION LINE AREA AFFECTED: PORTION OF SAID PREMISES RECORDED: NOVEMBER 1958 RECORDING NUMBER: 4967829 14. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: UNITED STATES OF AMERICA PURPOSE: ELECTRIC TRANSMISSION AND/OR DISTRIBUTION LINE AREA AFFECTED: PORTION OF SAID PREMISES RECORDED: DECEMBER 1, 1958 RECORDING NUMBER: 4971162 15. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: UNITED STATES OF AMERICA PURPOSE: ELECTRIC TRANSMISSION AND/OR DISTRIBUTION LINE AREA AFFECTED: PORTION OF SAID PREMISES RECORDED: DECEMBER 1, 1958 RECORDING NUMBER: 4972637 08LISBIC 11/28107 bk R s T v CIUCAGO TITLE COMPANY SCHEDULE B - PART I ( continued ) Policy No,. 1349459 16. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: UNITED STATES OF AMERICA PURPOSE: ELECTRIC TRANSMISSION AND/OR DISTRIBUTION LINE AREA AFFECTED: PORTION OF SAID PREMISES RECORDED: _ _, 1959 RECORDING NUMBER: 4996811 17. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: UNITED STATES OF AMERICA PURPOSE: ELECTRIC POWER TRANSMISSION STRUCTURES AND APPURTENANT SIGNAL LINES AREA AFFECTED: A PORTION OF SAID PREMISES AND OTHER PROPERTY AS DESCRIBED IN SAID INSTRUMENT RECORDED: OCTOBER 20, 1959 RECORDING NUMBER: 5093424 18. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PUGET SOUND POWER & LIGHT COMPANY, A WASHINGTON CORPORATION, AND PACIFIC NORTHWEST BELL TELEPHONE COMPANY PURPOSE: UNDERGROUND TRANSMISSION AND ELECTRIC LINES AREA AFFECTED: A PORTION OF SAID PREMISES AND OTHER PROPERTY AS DESCRIBED IN SAID INSTRUMENT RECORDED: DECEMBER 1, 1966 RECORDING NUMBER: 6113815 PACIFIC NORTHWEST BELL TELEPHONE COMPANY RELEASED ITS INTEREST IN SAID EASEMENT BY INSTRUMENT RECORDED UNDER RECORDING NUMBER 9102220719. NOTE: THE INTEREST OF PUGET SOUND POWER & LIGHT COMPANY UNDER SAID 06L1SB1C 11/26/07 bk v N x Y CHICAGO TITLE COMPANY SCHEDULE B - PART I ( continued ) PohcyNo: 1349459 EASEMENT HAS NOT BEEN RELEASED OF RECORD. 19. EASEMENT AND THE TERMS AND CONDITIONS THEREOF; GRANTEE: UNITED STATES OF AMERICA PURPOSE: ELECTRIC POWER TRANSMISSION STRUCTURES AND APPURTENANT SIGNLA LIENS AREA AFFECTED: A PORTION OF SAID PREMISES AND OTHER PROPERTY AS DESCRIBED IN SAID INSTRUMENT RECORDED: APRIL 9, 1970 RECORDING NUMBER; 6638511 20. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: LAKEHAVEN SEWER DISTRICT, A MUNICIPAL CORPORATION PURPOSE: SEWER MAINS AREA AFFECTED: A PORTION OF SAID PREMISES AND OTHER PROPERTY AS DESCRIBED IN SAID INSTRUMENT RECORDED: JANUARY 5, 1973 RECORDING NUMBER: 7301050358 21. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: CITY OF TACOMA PURPOSE: WATER TRANSMISSION PIPELINE, OR PIPELINES AREA AFFECTED: A PORTION OF SAID PREMISES AND OTHER PROPERTY AS DESCRIBED IN SAID INSTRUMENT RECORDED: DECEMBER 26, 1974 RECORDING NUMBER: 7412260127 22. CONSTRUCTION, OPERATION AND RECIPROCAL EASEMENT AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: BETWEEN: OSL1381C 11/26/O7 bk SEA-TAC MALL ASSOCIATES, A LIMITED PARTNERSHIP GO z AA Ac AD CHICAGO TITLE COMPANY SCHEDULE B - PART I ( continued ) Policy No: 1349459 AND: SEARS, ROEBUCK AND CO., A NEW YORK CORPORATION RECORDED: JANUARY 13, 1975 RECORDING NUMBER: 7501130291 REGARDING: MALL ENCLOSURE AND PARKING, UTILITY AND CONSTRUCTION EASEMENTS THE COMPANY INSURES THAT SAID INSTRUMENT WILL NOT RENDER INVALID OR DEFEAT THE LIEN OF THE INSURED MORTGAGE HEREIN. SAID INSTRUMENT HAS BEEN MODIFIED BY SECOND AMENDMENT RECORDED UNDER RECORDING NUMBER 9704011390. SAID INSTRUMENT REFERENCES EARLIER UNRECORDED AGREEMENTS AND AMENDMENT TO THE ORIGINAL AGREEMENT. A THIRD AMENDMENT TO SAID RECIPROCAL EASEMENT AGREEMENT WAS RECORDED UNDER RECORDING NUMBER 20050725000393. 23. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: KING COUNTY WATER DISTRICT NO. 124, A MUNICIPAL CORPORATION PURPOSE: WATER MAINS AREA AFFECTED: A PORTION OF TRACT B RECORDED: MARCH 6, 1975 RECORDING NUMBER: 7503060340 24. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: KING COUNTY WATER DISTRICT NO. 124, A MUNICIPAL CORPORATION PURPOSE: INGRESS, EGRESS, AND ROAD PURPOSES AREA AFFECTED: A PORTION OF TRACT B AS DESCRIBED IN SAID INSTRUMENT RECORDED: MARCH 6, 1975 RECORDING NUMBER: 7503060341 25. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: PURPOSE: DBL18810 11/26107 bk INGRESS, EGRESS, AND ROAD AND UTILITY CHICAGO TITLE COMPANY SCHEDULE B - PART I ( continued } Policy No: 1349459 AREA AFFECTED: A PORTION OF SAID PREMISES AS DESCRIBED IN SAID INSTRUMENT RECORDED: JULY 8, 1975 RECORDING NUMBER: 7507080118 AN 26. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PURPOSE: AREA AFFECTED: RECORDED: RECORDING NUMBER: WASHINGTON NATURAL GAS COMPANY COMPANY NATURAL GAS LINE AND EQUIPMENT INCIDENTAL THERETO PORTION OF SAID PREMISES AS DESCRIBED IN SAID INSTRUMENT MARCH 10, 1976 7603100364 Ar 27. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: LAKEHAVEN SEWER DISTRICT PURPOSE: SANITARY SEWER AREA AFFECTED: A PORTION OF SAID PREMISES AS DESCRIBED IN SAID INSTRUMENT RECORDED: DECEMBER 17, 1976 RECORDING NUMBER: 7612170488 Aa 28. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PUGET SOUND POWER & LIGHT COMPANY, A WASHINGTON CORPORATION PURPOSE: ELECTRIC TRANSMISSION AND/OR DISTRIBUTION LINE AREA AFFECTED: A PORTION OF SAID PREMISES AS DESCRIBED IN SAID INSTRUMENT RECORDED: DECEMBER 30, 1976 RECORDING NUMBER: 7612300493 as 29. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: OSL1SB1C 11/26/07 hk WASHINGTON NATURAL GAS COMPANY COMPANY, A WASHINGTON CORPORATION CHICAGO TITLE COMPANY SCHEDULE B - PART I (continued) Policy No:1349459 PURPOSE: GAS PIPELINE OR PIPELINES AREA AFFECTED: PORTION OF SAID PREMISES AS DESCRIBED IN SAID INSTRUMENT RECORDED: AUGUST 26, 1982 RECORDING NUMBER: 8208260408 Az 30. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: FEDERAL WAY WATER AND SEWER DISTRICT PURPOSE: WATER FACILITIES AREA AFFECTED: PORTION OF SAID PREMISES AS DESCRIBED IN SAID INSTRUMENT RECORDED: MARCH 13, 1989 RECORDING NUMBER: B903130503 Ao 31. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: U.S. WEST COMMUNICATIONS, INC., A COLORADO CORPORATION PURPOSE: TELECOMMUNICATIONS FACILITIES AREA AFFECTED: A PORTION OF SAID PREMISES AS DESCRIBED IN SAID INSTRUMENT RECORDED: OCTOBER 19, 1993 RECORDING NUMBER: 9310190742 art SAID INSTRUMENT SUPERSEDES THE EASEMENT RECORDED UNDER RECORDING NUMBER 91D4221100. AZ 32. EASEMENT AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: CITY OF FEDERAL WAY PURPOSE: CONVEYANCE SYSTEM, WATER QUALITY FACILITIES, AND UTILITIES AREA AFFECTED: PORTION OF SAID PREMISES RECORDED: AUGUST 21, 2000 RECORDING NUMBER: 20000821000463 An 33. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: CITY OF FEDERAL WAY or'LlsBic 11/26/07 bk Arr AO AP CHICAGO TITLE COMPANY SCHEDULEcontinuedPART I PolicgNo: 1349459 PURPOSE: PERMANENT EASEMENT FOR STORM WATER CONVEYANCE SYSTEM AND RELATED WATER QUALITY FACILITIES AND TEMPORARY CONSTRUCTION EASEMENT FOR SURFACE WATER FACILITIES AREA AFFECTED: PORTION OF SAID PREMISES AS DESCRIBED IN SAID INSTRUMENT RECORDED: AUGUST 21, 2000 RECORDING NUMBER: 20000821000464 34. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PURPOSE: AREA AFFECTED: RECORDED: RECORDING NUMBER: PUGET SOUND ENERGY, INC., A WASHINGTON CORPORATION UTILITY SYSTEMS PORTION OF SAID PREMISES AS DESCRIBED IN SAID INSTRUMENT NOVEMBER 2, 2000 20001102000843 35. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: CITY OF FEDERAL WAY PURPOSE: BEAUTIFICATION IMPROVEMENTS AREA AFFECTED: PORTION OF SAID PREMISES AS DESCRIBED IN SAID INSTRUMENT RECORDED: MARCH 30, 2001 RECORDING NUMBER: 20010330002752 36. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PURPOSE: AREA AFFECTED: RECORDED: RECORDING NUMBER: PUGET SOUND ENERGY, INC., A WASHINGTON CORPORATION UTILITY SYSTEMS PORTION OF SAID PREMISES AS DESCRIBED IN SAID INSTRUMENT SEPTEMBER 27, 2001 20010927000845 AQ 37. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: WU SBIC 11/26/07 bk ax as CHICAGO TITLE COMPANY SCHEDULE B - PART I ( continued) Policy No: 1349459 GRANTEE: LAKEHAVEN UTILITY DISTRICT PURPOSE: SEWER FACILITIES AREA AFFECTED: PORTION OF SAID PREMISES AS DESCRIBED IN SAID INSTRUMENT RECORDED: APRIL 11, 2002 RECORDING NUMBER: 20020411000173 38. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PURPOSE: AREA AFFECTED: RECORDED: RECORDING NUMBER: CITY OF FEDERAL WAY PUBLIC UTILITY IMPROVEMENTS THE NORTHEASTERLY PORTION OF SAID PREMISES AS MORE PARTICULARLY DESCRIBED AND DELINEATED IN SAID INSTRUMENT FEBRUARY 4, 2003 20030204000970 39. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PURPOSE: AREA AFFECTED- RECORDED - RECORDING NUMBER: PUGET SOUND ENERGY, INC. CONSTRUCT, OPERATE, MAINTAIN, REPAIR, REPLACE, ONE OR MORE UNDERGROUND UTILITY SYSTEMS FOR GAS, ELECTRICITY, FIBER OPTIC CABLES AND FACILITIES FOR COMMUNICATED, SEMI -BURIED OR GROUND -MOUNTED FACILITIES AND ALL FACILITIES OR APPURTENANCES NECESSARY A 15 FOOT WIDE STRIP OF LAND THROUGH A PORTION OF SAID PREMISES AS DESCRIBED IN SAID INSTRUMENT FOR GRANTEE'S FACILITIES AS CONSTRUCTED OR TO BE CONSTRUCTED AUGUST 11, 2005 20050811000548 SAID EASEMENT SUPERCEDES EASEMENT: RECORDED: MARCH 11, 2004 RECORDING NUMBER: 20040311000691 060M C 11/26/07 bk CHICAGO TITLE COMPANY SCHEDULE B - PART I ( continued ) Policy No: 1349459 AT 40. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PURPOSE: AREA AFFECTED: RECORDED: RECORDING NUMBER: LAKEHAVEN UTILITY DISTRICT WATER FACILITIES PORTION OF SAID PREMISES AS MORE PARTICULARLY DESCRIBED AND DELINEATED IN SAID INSTRUMENT DECEMBER 27, 2004 20041227000120 Au 41. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PURPOSE: AREA AFFECTED: RECORDED: RECORDING NUMBER: LAKEHAVEN UTILITY DISTRICT WATER FACILITIES PORTION OF SAID PREMISES AS MORE PARTICULARLY DESCRIBED AND DELINEATED IN SAID INSTRUMENT DECEMBER 27, 2004 20041227000121 AV 42. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PURPOSE: AREA AFFECTED: RECORDED: RECORDING NUMBER: LAKEHAVEN UTILITY DISTRICT WATER FACILITIES PORTION OF SAID PREMISES AS MORE PARTICULARLY DESCRIBED AND DELINEATED IN SAID INSTRUMENT DECEMBER 27, 2004 20041227000122 AN 43. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PURPOSE: AREA AFFECTED: RECORDED: RECORDING NUMBER: 0SL1Sa1c 11/26/07 bk LAKEHAVEN UTILITY DISTRICT SEWER FACILITIES PORTION OF SAID PREMISES AS MORE PARTICULARLY DESCRIBED AND DELINEATED IN SAID INSTRUMENT DECEMBER 27, 2004 20041227000126 Ax AY CHICAGO TITLE COMPANY SCHEDULE B - PART I ( continued ) Policy No: 1349459 44. LICENSE AND THE TERMS AND CONDITIONS THEREOF: BETWEEN: STEADFAST COMMONS, L.L.C., A WASHINGTON LIMITED LIABILITY COMPANY AND: THE CITY OF FEDERAL WAY RECORDED: SEPTEMBER 15, 2006 RECORDING NUMBER: 20060915000743 REGARDING: PERMISSION TO ENTER THE PREMISES FOR INSPECTION OF WORK OR PERFORMANCE OF ANY MAINTENANCE OR WORK PROVIDED FOR IN THAT CERTAIN UNRECORDED AGREEMENT AND PERFORMANCE/MAINTENANCE BOND DATED AUGUST 18, 2006. 45. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PURPOSE: AREA AFFECTED: RECORDED: RECORDING NUMBER: PUGET SOUND ENERGY, INC., A WASHINGTON CORPORATION TRANSMISSION, DISTRIBUTION AND SALE OF GAS AND ELECTRICITY TEN (10) FEET IN WIDTH HAVING FIVE (5) FEET OF SUCH WIDTH ON EACH SIDE OF THE CENTERLINE OF GRANTEE'S SYSTEMS LOCATED AS CONSTRUCTED, OR TO BE CONSTRUCTED, EXTENDED OR RELOCATED, EXCEPT THOSE PORTIONS OCCUPIED BY EXISTING BUILDING FOOTINGS, FOUNDATIONS, AND/OR SUBSURFACE STRUCTURES JUNE 2, 2008 20080602001940 46. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PUGET SOUND ENERGY, INC., A WASHINGTON CORPORATION PURPOSE: TRANSMISSION, DISTRIBUTION AND SALE OF GAS AND ELECTRICITY AREA AFFECTED: TEN (10) FEET IN WIDTH HAVING FIVE (5) FEET OF SUCH WIDTH ON EACH SIDE 06LISB10 11/26/07 bk as sa CHICAGO TITLE COMPANY SCHEDULE B - PART Y ( continued ) Policy No: 1349459 OF THE CENTERLINE OF GRANTEE'S SYSTEMS LOCATED AS CONSTRUCTED, OR TO BE CONSTRUCTED, EXTENDED OR RELOCATED, EXCEPT THOSE PORTIONS OCCUPIED BY EXISTING BUILDING FOOTINGS, FOUNDATIONS, AND/OR SUBSURFACE STRUCTURES RECORDED: DUNE 2, 2008 RECORDING NUMBER: 20080602001941 47. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: LAKEHAVEN UTILITY DISTRICT, A MUNICIPAL CORPORATION PURPOSE: WATER FACILITIES AREA AFFECTED: AS DESCRIBED AND DEPICTED THEREIN RECORDED: JANUARY 14, 2009 RECORDING NUMBER: 20090114001109 48. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: LAKEHAVEN UTILITY DISTRICT, A MUNICIPAL CORPORATION PURPOSE: INSTALLATION, REPAIR, RECONSTRUCTION OR MAINTENANCE OF WATER FACILITIES AND APPURTENANCES AREA AFFECTED: AS DESCRIBED AND DEPICTED THEREIN RECORDED: APRIL 131 2009 RECORDING NUMBER: 20090413000402 sv 49. COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS, NOTES, DEDICATIONS AND SETBACKS, IF ANY, SET FORTH IN OR DELINEATED O,' THE PLAT OF SEA TAC MALL AS RECORDED IN VOLUME 97 OF PLATS, PAGES 39 THROUGH 42, INCLUSIVE, UNDER RECORDING NUMBER 7409170549, IN KING COUNTY, WASHINGTON. sa 50. COVENANTS, CONDITIONS, RESTRICTIONS, DEDICATIONS, AGREEMENTS, EASEMENTS, MAINTENANCE PROVISIONS AND NOTES, AS CONTAINED IN CITY OF FEDERAL WAY BINDING SITE PLAN NUMBER 06-100926-00-SU, RECORDER UNDER RECORDING NUMBER 20070530001643. 06LISS10 11/26/07 bk CHICAGO TITLE COMPANY SCHEDULE B - PART I (continued) Policy No: 1349459 Br AFFIDAVIT OF MINOR CORRECTION TO BINDING SITE PLAN RECORDED UNDER RECORDING NUMBER 20071101001278. Bc 51. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: BETWEEN: LAKEHAVEN SEWER DISTRICT AND: SEATAC MALL ASSOCIATES, A LIMITED PARTNERSHIP RECORDED: APRIL 18, 1975 RECORDING NUMBER: 7504180323 REGARDING: SEWAGE FACILITIES GP THE COMPANY INSURES THAT SAID INSTRUMENT WILL NOT RENDER INVALID OR DEFEAT THE LIEN OF THE INSURED MORTGAGE HEREIN. BH 52. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: BETWEEN: SEATAC MALL ASSOCIATES AND: SWEBS, INC. DBA AUNTIE ANNE'S RECORDED: MARCH 30, 1995 RECORDING NUMBER: 9503301413 REGARDING: WASTEWATER PRETREATMENT Br 53. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: BETWEEN: H.M.A. ENTERPRISES-SEA-TAC MALL, L.P., A DELAWARE LIMITED PARTNERSHIP AND: ATLANTIC RICHFIELD COMPANY, A DELAWARE CORPORATION RECORDED; JANUARY 3, 2001 RECORDING NUMBER: 20010103000488 REGARDING: ENVIRONMENTAL CONTAMINATION Bs 54. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: BETWEEN: STEADFAST SEA-TAC I, LLC, STEADFAST SEA-TAC II, LLC, STEADFAST SEA-TAC III, LLC, AND STEADFAST SEA-TAC IV, LLC, AND, LAKEHAVEN UTILITY DISTRICT RECORDED: APRIL 12, 2004 06LISB10 11/26/07 bk CHICAGO TITLE COMPANY SCHEDULE B - PART I continued ) Policy No: 1349459 RECORDING NUMBER: 20040412000612 REGARDING: WATER AND SEWER DISTRIBUTION SYSTEMS IN CONJUNCTION WITH SEA-TAC MALL RENOVATION BK SAID UTILITY AGREEMENT WAS MODIFIED BY AGREEMENT RECORDED UNDER RECORDING NUMBER 20041021000098. 00 THE COMPANY INSURES THAT SAID INSTRUMENT WILL NOT RENDER INVALID OR DEFEAT THE LIEN OF THE INSURED MORTGAGE HEREIN. Ra 55. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: BETWEEN: STEADFAST COMPANIES AND: LAKEHAVEN UTILITY DISTRICT RECORDED: MARCH 15, 2006 RECORDING NUMBER: 20060315000859 REGARDING: SANITARY SEWER AND WATER DISTRIBUTION FACILITIES TO COMMONS RETAIL PADS Ras A CERTIFICATE OF COMPLETION/RELEASE OF LIEN WAS RECORDED UNDER RECORDING NUMBER 20090210000420. Rx 56. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: BETWEEN: STEADFAST COMPANIES AND: LAKEHAVEN UTILITY DISTRICT RECORDED: MARCH 15, 2006 RECORDING NUMBER: 20060315000860 REGARDING: SANITARY SEWER AND WATER DISTRIBUTION FACILITIES TO CENTURY THEATER DO A CERTIFICATE OF COMPLETION/RELEASE OF LIEN WAS RECORDED UNDER RECORDING NUMBER 20080527001870. RR 57. JOINT PRIVATE SEWER MAIN COVENANT, INCLUDING THE TERMS AND PROVISIONS THEREOF: RECORDED: JANUARY 14, 2009 OBLISB10 11/26/07 bk CHICAGO TITLE COMPANY SCHEDULE B - PART I { continued ) PolkyNo: 1349459 RECORDING NUMBER: 20090114001119 so 58. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: BETWEEN: STEADFAST COMMONS LLC, A WASHINGTON LIMITED LIABILITY COMPANY AND: CITY OF FEDERAL WAY, A WASHINGTON MUNICIPAL CORPORATION RECORDED: MAY 30, 2007 RECORDING NUMBER: 20070530001644 REGARDING: TRACT "X" AND TRACT "Y" sit 59. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: BETWEEN: STEADFAST COMMONS II, LLC, A DELAWARE LIMITED LIABILITY COMPANY AND: LAKEHAVEN UTILITY DISTRICT, A MUNICIPAL CORPORATION RECORDED: DECEMBER 19, 2007 RECORDING NUMBER: 20071219002154 REGARDING: INSTALLATION AND USE OF UNDERSIZED BUILDING SEWER PIPE art THE COMPANY INSURES THAT SAID INSTRUMENT WILL NOT RENDER INVALID OR DEFEAT THE LIEN OF THE INSURED MORTGAGE HEREIN. s8 60. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: BETWEEN: STEADFAST COMMONS II, LLC, A DELAWARE LIMITED LIABILITY COMPANY AND: LAKEHAVEN UTILITY DISTRICT RECORDED: JANUARY 14, 2009 RECORDING NUMBER: 20090114001124 REGARDING: SEWER SERVICE GRADE RELEASE sr 61. RIGHT TO MAKE NECESSARY SLOPES FOR CUTS OR FILLS UPON PROPERTY HEREIN DESCRIBED AS GRANTED IN DEED: GRANTEE: KING COUNTY RECORDED: DECEMBER 15, 1966 OOLlSBIC 11/28/07 bk CHICAGO TITLE COMPANY SCHEDULE E - PART I ( continued ) Policy No: 1349459 RECORDING NUMBER: 6118782 ev 62. MATTERS DISCLOSED ON SURVEY BY ESM CONSULTING ENGINEERS, LLC, DATED MARCH 30, 2007, AND LAST REVISED APRIL 17, 2007, UNDER JOB NO. 1064-007-007, AS FOLLOWS: A. SOUTHEASTERLY CORNER OF EXISTING MACYS BUILDING EXTENDS OVER A PORTION OF POWER EASEMENT RECORDED UNDER RECORDING NUMBER 7612300493 WHICH IS SHOWN AS EXCEPTION 28 HEREIN- B. EXISTING MALL BUILDING IS BUILT OVER ELECTRICAL AND SEWER EASEMENTS SHOWN ON THE FACE OF THE PLAT OF SEA TAC MALL, AND AS RECORDED UNDER RECORDING NUMBER 6113815, WHICH ARE SHOWN IN EXCEPTIONS 18 AND 49 HEREIN. C. EXISTING TARGET BUILDING IS BUILT OVER NATURAL GAS LINE, SANITARY SEWER, ELECTRIC TRANSMISSION, AND STORM WATER SYSTEM EASEMENTS, RECORDED UNDER RECORDING NUMBERS 7603100364, 7612170488, 7612300493 AND 20000821000464, WHICH ARE SHOWN IN EXCEPTIONS 26, 27, 28 AND 33, RESPECTIVELY, HEREIN. D. CENTURY THEATRE BUILDING CURRENTLY UNDER CONSTRUCTION IS LOCATED OVER A PORTION OF ELECTRIC TRANSMISSION EASEMENT, RECORDED UNDER RECORDING NUMBER 7612300493 WHICH IS SHOWN IN EXCEPTION 28 HEREIN. SURVEY INDICATES THIS PORTION OF SAID EASEMENT IS TO BE VACATED DURING THE CONSTRUCTION OF SAID BUILDING. Ev 63. TERMS AND CONDITIONS OF NOTICE OF CHARGES BY WATER, SEWER, AND/OR STORM AND SURFACE WATER UTILITIES, RECORDED UNDER RECORDING NUMBER 8106010916. as 64. THIS PARAGRAPH HAS BEEN INTENTIONALLY OMITTED. oT 65. THIS PARAGRAPH HAS BEEN INTENTIONALLY OMITTED. au 66. THIS PARAGRAPH HAS BEEN INTENTIONALLY OMITTED. av 67. THIS PARAGRAPH HAS BEEN INTENTIONALLY OMITTED. ON 68. THIS PARAGRAPH HAS BEEN INTENTIONALLY OMITTED. cx 69. THIS PARAGRAPH HAS BEEN INTENTIONALLY OMITTED. DWSBIC 11/26/07 bk CHICAGO TITLE COMPANY SCHEDULE B - PART I ( continued ) Policy No: 1349459 cy 70. THIS PARAGRAPH HAS BEEN INTENTIONALLY OMITTED_ oz 71. THIS PARAGRAPH HAS BEEN INTENTIONALLY OMITTED. as 72. THIS PARAGRAPH HAS BEEN INTENTIONALLY OMITTED. sa 73. THIS PARAGRAPH HAS BEEN INTENTIONALLY OMITTED. ac 74. THIS PARAGRAPH HAS BEEN INTENTIONALLY OMITTED. 1w 75. THIS PARAGRAPH HAS BEEN INTENTIONALLY OMITTED. Im 76. THIS PARAGRAPH HAS BEEN INTENTIONALLY OMITTED. are 77. THIS PARAGRAPH HAS BEEN INTENTIONALLY OMITTED. ac 78. THIS PARAGRAPH HAS BEEN INTENTIONALLY OMITTED. as 79. RIGHT, TITLE AND INTEREST OF THE CITY OF FEDERAL WAY, PRESUMED BY THE KING COUNTY TAX ROLLS TO HAVE AN INTEREST IN TRACT X OF SAID BINDING SITE PLAN. FP 80. EASEMENT AND THE TERMS AND CONDITIONS THEREOF - GRANTEE: PUGET SOUND ENERGY, INC., A WASHINGTON CORPORATION PURPOSE: TRANSMISSION, DISTRIBUTION AND SALE OF GAS AND ELECTRICITY AREA AFFECTED: PORTIONS AS DESCRIBED THEREIN RECORDED: NOVEMBER 21, 2012 RECORDING NUMBER: 20121121001276 as 81. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PUGET SOUND ENERGY, INC., A WASHINGTON CORPORATION PURPOSE: TRANSMISSION, DISTRIBUTION AND SALE OF GAS AND ELECTRICITY AREA AFFECTED: PORTIONS AS DESCRIBED THEREIN RECORDED: NOVEMBER 29, 2012 RECORDING NUMBER: 20121129001029 06LISS10 11/26/07 bk CHICAGO TTn E COMPANY SCHEDULE continued B PART I policyNo: 1349459 BE 82. RIGHTS OF THE FOLLOWING TENANTS UNDER UNRECORDED LEASES, AS TENANTS ONLY WITH NO OPTION TO PURCHASE OR RIGHT OF FIRST REFUSAL OF ALL OR ANY PART OF THE LAND, EXCEPT AS EXPRESSLY NOTED: ACTIVATE AMERICAN EAGLE APPLE WASHINGTON LLC (APPLEBEES #31), MEMORANDUM OF LEASE RECORDED UNDER RECORDING NUMBER 20071109002332 AZTECA BANK OF AMERICA ATM BARBER'S LAB BY J. KINLOW BASKIN ROBBINS BATH & BODY WORKS BEAUTY NAILS BO$A SMOOTHIES BLAZIN WINGS, INC. (BUFFALO WILD WINGS), MEMORANDUM OF LEASE RECORDED UNDER RECORDING NUMBER 20120928001563 CATHERINE'S CELLAXS - ABH GROUP CENTURY THEATRES, INC., MEMORANDUM OF LEASE RECORDED UNDER RECORDING NUMBER 20050722001513, CONTAINING AN OPTION TO PURCHASE AND A RIGHT OF FIRST REFUSAL FOR ITS LEASED PREMISES CHAMPS CHINESE GOURMET CHRISTOPHER & BANKS CLAIRE'S BOUTIQUE DIAMOND WIRELESS FAMOUS FOOTWEAR FEDEX OFFICE FOOT LOCKER GAME STOP GENERAL NUTRITION CENTER GYRO'S HOUSE HILLS HALLMARK JASMINE MONGOLIAN GRILL JUST SPORTS KAY JEWELERS KEY BANK KOHL'S LA PARFUMERIE LADY FOOT LOCKER LANE BRYANT LAURA'S ALTERATIONS LOTUS GRILL 06L1S61C 11/28/07 bk CHICAGO TTTLE COMPANY SCHEDULE B - PART I ( continued) Policy No:1349459 MASTER CUTS MCGRATH'S PROPERTIES, LLC (MCGRATH'S FISH), MEMORANDUM OF LEASE RECORDED UNDER RECORDING NUMBER 20070810002415 MIX BOUTIQUE MRS. FIELDS/TCBY NATIONAL LINK INCORPORATED ORANGE JULIUS ORIENTAL MASSAGE PACIFIC SUNWEAR PANERA BREAD PAYLESS SHOE SOURCE RADIO SHACK RED ROBIN REGIS SALON SALON AVIDA SEARS SMART WIRELESS/AT&T STARBUCK'S SUBWAY TARGET CORPORATION, MEMORANDUM OF LEASE RECORDED UNDER RECORDING NUMBER 20050202001325, CONTAINING AN OPTION AND RIGHT OF FIRST REFUSAL FOR ITS LEASED PREMISES THINGS REMEMBERED TILT TORERO'S TAQUERIA VERIZON VICTORIA'S SECRET WATCH & JEWELRY FIX WEISFIELDS WET SEAL YUMMY CREPES ZITA PIZZA & PASTA ZUMIEZ NOTE: DEED OF TRUST ENCUMBRANCES AFFECTING THE TENANT'S INTERRST(S), IF ANY, HAVE NOT BEEN SHOWN AT THE REQUEST OF THE INSURED. PT 06OSS1Q 11/26/07 bk ** END OF SCHEDULE B - PART I ** CHICAGO TrrLE COMPANY SCHEDULE B - PART II PolicyNo:1349459 Your Ref: NBU #00002227-57/COMMONS AT FEDERAL WAY EXCEPTIONS FROM COVERAGE In addition to the matters set forth in Part I of this Schedule, the Title is subject to the fallowing matters, and the Company insures against loss or damage sustained in the event that they are not subordinate to the lien of the Insured Mortgage: CN 1. MEMORANDUM OF LEASE, INCLUDING THE TERMS AND CONDITIONS OF THE LEASE DISCLOSED THEREIN: LESSOR: SEA-TAC MALL ASSOCIATES, A LIMITED PARTNERSHIP LESSEE: ALLIED STORES CORPORATION, A DELAWARE CORPORATION RECORDED: DECEMBER 27, 1975 RECORDING NUMBER: 7612270041 co BY SUCCESSIVE ASSIGNMENTS THE LESSEE'S INTEREST IN SAID LEASE IS NOW HELD OF RECORD BY: ASSIGNEE: ASTORIA REALTY, INC. RECORDING NUMBERS: 7712210777, 7712220124, 8710070517, 9203021570, AND 20050207000985 Es LESSOR'S INTEREST NOW HELD BY COMMONS MALL, LLC, A DELAWARE LIMITED LIABILITY COMPANY. LESSEE'S INTEREST NOW HELD BY MACY'S WEST STORES, INC., AN OHIO CORPORATION, AS SUCCESSOR -IN -INTEREST TO ALLIED STORES AND ASTORIA REALTY, INC. Er 2. SUBORDINATION, NONDISTURBANCE AND ATTORNMENT AGREEMENT, AND THE TERMS AND CONDITIONS THEREOF: of � TENANT - LANDLORD: RECORDED: RECORDING NUMBER: 0OLMM 11/25/07 bk BANK OF AMERICA, N.A., A NATIONAL BANKING ASSOCIATION MACY'S WEST STORES, INC., AN OHIO CORPORATION COMMONS MALL, LLC, A DELAWARE LIMITED LIABILITY COMPANY JANUARY 14, 2013 20130114001703 CHICAGO TITLE COMPANY SCHEDULE B - PART II ( continued ) policy No: 1349459 ** END OF SCHEDULE B ** W►A Loan Policy Endorsements: ALTA 9-06, ALTA 6-06, ALTA 8.1-08, ALTA 17-06, ALTA 17.1-06, ALTA 17.2-06, ALTA 18.1-06, ALTA 24-06, ALTA 25-06, ALTA 26-06, ALTA 27-06, ALTA 3.1-06, 116, 103.1, WAIVER OF ARBITRATION, ALTA 28-06 Owner's Policy Endorsements: N/A OeUSB20 11/28/07 hk Your R "`-rence: IVBU #L Z7-57/COMMONS ATFEDERAL WAY ENDORSEMENT Attached to and forming a part of Policy No. 1349459 Issued by CHICAGO TITLE INSURANCE COMPANY Dated: December 27, 2012 ALTA ENDORSEMENT FORM 9-06 (Remictions, Encroachments, Minerals) Loan Policy (4-2-12) 1. The insurance provided by this endorsement is subject to the exclusions in Section 5 of this endorsement; and the Exclusions from Coverage, the Exceptions from Coverage contained in Schedule B, and the Conditions in the policy. 2. For the purposes of this endorsement only: a. "Covenant" means a covenant, condition, limitation or restriction in a document or instrument in effect at Date of Policy. b. "Improvement" means an improvement, including any lawn, shrubbery, or trees, affixed to either the Land or adjoining land at Date of Policy that by law constitutes real property. 3. The Company insures against loss or damage sustained by the Insured by reason of: a. A violation of a Covenant that: i. divests, subordinates, or extinguishes the lien of the Insured Mortgage, ii. results in the invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage, or iii. causes a loss of the Insured's Title acquired in satisfaction or partial satisfaction of the Indebtedness; b. A violation on the Land at Date of Policy of an enforceable Covenant, unless an e%ceptioa in Schedule B of the policy identifies the violation; C. Enforced removal of an Improvement located on the Land as a result of a violation, at Date of Policy, of a building setback line shown on a plat of subdivision recorded or filed in the Public Records, unless an cxceptiou in Schedule B of the policy identifies the violation; or d. A notice of a violation, recorded in the Public Records at Date of Policy, of an enforceable Covenant relating to environmental protection describing any part of the Land and referring to that Covenant, but only to the extent of the violation of the Covenant referred to in that notice, unless an exception in Schedule B of the policy identifies the notice of the violation. 4. The Company insures against loss or damage sustained by reason of: a. An encroachment of: 1. an Improvement located on the Land, at Date of Policy, onto adjoining land or onto that portion of the Land subject to an easement; or MMOM/ADA j ax9 Your' ence: MU #0(xx1 V-57/COMMONS AT FEDERAL WAY ENDORSEMENT Attached to and forming a part of Policy No. 1349459 Issued by CHICAGO TITLE INSURANCE COMPANY Dated: December 27, 2012 ii. an Improvement located on adjoining land onto the Land at Date of Policy unless an exception in Schedule B of the policy identifies the encroachment otherwise insured against in Sections 4.a.i. or 4.a!L; b. A final court order or judgment requiring the removal from any land adjoining the Land of an encroachment identified in Schedule B; or C. Damage to an Improvement located on the Land, at Date of Policy: i. that is located on or encroaches onto that portion of the Land subject to an easement excepted in Schedule B, which damage results from the exercise of the right to maintain the easement for the purpose for which it was granted or reserved; or ii. resulting from the future exercise of a right to use the surface of the Land for the extraction or development of minerals or any other subsurface substances excepted from the description of the Land or excepted in Schedule B. 5. This endorsement does not insure against loss or damage (and the Company will not pay costs, attorneys' fees, or expenses) resulting from: a. any Covenant contained in an instrument creating a lease; b. any Covenant relating to obligations of any type to perform maintenance, repair, or remediation on the Land; C. except as provided in Section M, any Covenant relating to environmental protection of any ldnd or nature, including hazardous or toxic matters, conditions, or substances; d. contamination, explosion, fire, fracturing, vibration, earthquake or subsidence; or e. negligence by a person or an Entity exercising a right to extract or develop minerals or other subsurface substances. This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements. A 2:=�c ut orize ' ignat ry Note: This endorsement Aball not be ralid or binding until countersigned by an authorized signatory 13NDORSEC/RDA/0999 Your' :nnce: NBU #0o0=7-57/C0MMONS AT FEDEML WAY ENDORSEMENT Attached to and forming a part of Policy No, 1349459 Issued by CHICAGO TITLE INSURANCE COMPANY Dated: December 27, 2012 ALTA ENDORSEMENT FORM 6-06 (Variable Rate) The Company insures against loss or damage sustained by the Insured by reason of: The invalidity or unenforceability of the lien of the Insured Mortgage resulting from its provisions that provide for changes in the rate of interest. Loss of priority of the lien of the Insured Mortgage as security for the unpaid principal balance of the loan, together with interest as changed in accordance with the provisions of the Insured Mortgage-, which loss of priority is caused by the changes in the rate of interest. "Changes in the rate of interest", as used in this endorsement, shall mean only those changes in the rate of interest calculated pursuant to the formula provided in the Insured Mortgage at Date of Policy. This endorsement does not insure against loss or damage based upon: usury, or any consumer credit protection or truth in lending law. This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements. 1 1 utonzed Signat Note: This endorsement shall not be ralid ox binding until aountersigned by an autharisad mignatazy ENDORSEC/RDA/0999 Your -ence: NDU #OwU2227--57/COMMONS AT FEDERAL WAY ENDORSEMENT Attached to and forming a part of Policy No. 1349459 Issued by CHICAGO TITLE INSURANCE COMPANY Dated: December 27, 2012 ALTA ENDORSEMENT FORM 8.1-06 (Environmental Protection Lien) The Company insures against loss or damage sustained by the Insured by reason of lack of priority of the lien of the Insured Mortgage over (a) any environmental protection lien that, at Date of Policy, is recorded in those records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge, or is filed in the records of the cleric of the United States district court for the district in which the Land is located, except as set forth in Schedule B; (b) any environmental protection lien provided by any state statute in effect at Date of Policy, except environmental protection liens provided by the following state statutes; The "Mill Tailings Licensing and Perpetual Care Act of 1979", and amendments thereto, codified as RCW 70.121.140, This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and lovisions of the policy and of any prior endorsements. Au ooze ign ry Note. This andozaement shall not be valid or binding until countervigned by an authorixed signatory P, D0FSEC/RDA/09% Your :ence: NBU #OQU=757/COMMONS AT FEDERAL WAY ENDORSEMENT Attached to and forming a part of Policy No. 1349459 Issued by CHICAGO TITLE INSURANCE COMPANY Dated: December 27, 2012 ALTA ENDORSEMENT FORM 17-06 (Access and Entry) The company insures against loss or damage sustained by the Insured if, at Date of Policy (i) the Land does not abut and have both actual vehicular and pedestrian access to and from south 324th Street, South 320th Street, and 23rd Avenue South (collectively the "Street"), (ii) the street is not physically open and publicly maintained, or (iii) the insured has no right to use existing curb cuts or entries along that portion of the Street abutting the Land. This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements. r— ALfthdhzeTSiP4torV Note: Thia endorsement shall not be valid or binding until countersigned by an authorised signatory BNOORSEC /RE A/M Your' :once: NBU *00002227-57/COMMONS AT FEDERAL WAY ENDORSEMENT Attached to and forming a part of Policy No. 1349459 Issued by CHICAGO TITLE INSURANCE COMPANY Dated: December 27, 2012 ALTA ENDORSEMENT FORM 17.1-06 (Indirect Access and Entry) The Company insures against loss or damage sustained by the Insured if, at Date of Policy (i) the easements identified in Schedule A (the "Easements") do not provide the Land in Schedule A both actual vehicular and pedestrian access to and from South 32nd Street and Pacific Highway South (collectively the "Streets"), (ii) the Streets are not physically open and publicly maintained, or (iii) the Insured has no right to use existing curb cuts or entries along those portions of the Streets abutting the Easements. This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements. u onzed Signatory,,, -- Note. This endoxeement RbaI2 not be valid or binding until countersigned by an authorized aignatosy MMORSEC/RDA/4999 Your ? 'ence: NBU#oUW2227-57/COMMONSATFEDEttALATAY ENDORSEMENT Attached to and forming a part of Policy No. 1349459 Issued by CHICAGO TTTLE INSURANCE COMPANY Dated: December 27, 2012 ALTA 17.2-06 (UTILITY) The Company insures against loss or damage sustained by the Insured by reason of the lack of a right of access to the fallowing utilities or services: Water service, Natural gas service, Tc1cphnne service, Electrical power service, Sanitary sewer, Storm water drainage either over, under or upon rights -of -way or easements for the benefit of the Land because of (1)a gap or gore between the boundaries of the Land and the rights -of -way or easements; (2)a gap between the boundaries of the rights -of -way or easements ; or (3)a termination by a grantor, or its successor, of the rights -of -way or easements. This endorsement is made a part of the policy and is subject to all the terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the policy and prior endorsements, if any, nor does it extend the effective date of the policy and prior endorsements, or increase the face amothereof. ort�e gnats .Kota: Tbin endorsement shall not be slid or binding until countersigned by an autborised signatory ENDORSE'C5Y A (0999 Your'. rence: NBU #0000=7-57/COMMONS AT FEDERAL WAX ENDORSEMENT Attached to and forming a part of Policy No. 1349459 Issued by CHICAGO TTILE INSURANCE COMPANY Dated: December 27, 2012 ALTA ENDORSEMENT FORM 19.1-06 (Multiple Tax Parcels) The Company insures against loss or damage sustained by the Insured by reason of: 1. those portions of the land identified below not being assessed for real estate taxes under the listed tax identification numbers or those tax identification numbers including any additional land: 762240-0010-03, 762240-0011-02, 762240di012-01, 762240-0013-00, 762240-0014-09, 762740-0016-07, 762240-0017-06, 762240-{i018-05, 762240-0019-04, 762240-0020-01, 762240-0021-00, 762240-0025-06, 7622404X 26-05 2. the easements, if any, described in Schedule A being cut off or disturbed by the nonpayment of real estate taxes, assessments or other charges unposed on the servient estate by a governmental authority. This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements. c 4AUfhorffieldt ato Note: We endoreement ehaI2 not be valid or binding until aountereigned IT an authorised eignatorq BNDORSBCIRDA/0M your! •ence: NBU #Ol W227-57/COMMONS AT FEDERAL WAY ENDORSEMENT Attached to and forming a part of Policy No. 1349459 Issued by CHICAGO TTTLE INSURANCE COMPANY Dated: December 27, 2012 ALTA 24-06 (Doing Business) The Company insures against loss or damage sustained by the Insured by reason of the invalidity or unenforceability of the lien of the Insured Mortgage on the ground that making the loan secured by the Insured Mortgage constituted a violation of the "doing - business" laws of the State where the Land is located because of the failure of the Insured to qualify to do business under those laws. This endorsement is made a part of the policy and is subject to all the terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the policy and prior endorsements, if any, nor does it extend the effective date of the policy and prior endorsements, or increase the face amount thereof. ut a gnato Note. This endoreement shall not be valid or binding until aountexeigned by an authorized signatory IRNDORSW- N]A/OM Your ! ,ence: NBU #00MM7-57/COMMONS AT FEDERAL WAY ENDORSEMENT Attached to and forming a part of Policy No. 1349459 Issued by CHICAGO TTTLE INSURANCE COMPANY Dated: December 27, 2012 ALTA 25-06 (SURVEY) The Company insures against loss or damage sustained by the Insured by reason of the failure of the Land as described in Schedule A to be the same as that identified on the survey made by ESM Consulting Engineers LLC dated September 25, 2012, and designated Job No.1064-015-012. This endorsement is made a part of the policy and is subject to all the terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the policy and prior endorsements, if any, nor does it extend the effective date of the policy and prior endorsements, or increase the face amount thereof. C Au ortOe �nato Note: This endorsement shall not be valid or binding until countersigned by an authorized signatory BNDDRSEC/RDA/0M Your I 'once: NBU #00002227-57/COMMONS AT FEDERAL WAY ENDORSEMENT Attached to and forming a part of Policy No. 1349459 Issued by CHICAGO TITLE INSURANCE COMPANY Dated: December 27, 2012 ALTA M-06 (SUBDIVISION) The Company insures against loss or damage sustained by the Insured by reason of the failure of the Land to constitute a lawfully created parcel according to the subdivision statutes and local subdivision ordinances applicable to the Land. Tbis endorsement is made a part of the policy and is subject to all the terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the policy and prior endorsements, if any, nor does it extend the effective date of the policy and prior endorsements; or increase the face amount thereof. C MR h vrz gr�,ato Note: We endore®ent Kba2I not be valid ar binding until countersigned by an authorised aigaatoxy 2ND0RSBC/RDA/0M Your' ence: NBU #0W0=7-57/C0MM0NS AT FEDERAL WAY ENDORSEMENT Attached to and forming a part of Policy No. 1349459 Issued by CHICAGO Tl= INSURANCE COMPANY Dated; December 27, 2012 ALTA ENDORSEMENT FORM 27-06 (Usury) The Company insures against loss or damage sustained by the insured by reason of the invalidity or unenforceability of the lien of the Insured Mortgage as security for the Indebtedness because the loan secured by the Insured Mortgage violates the usury law of the state where the Land is located. This endorsement is made a part of the policy and is subject to all the terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the policy and prior endorsements, if any, nor does it extend the effective date of the policy and prior endorsements, or increase the face amount thereof, C 1 � Au time i story Kota: 2121a endorsement shall not be valid or binding until countersigned by an authorised signatory M4D0RSW/RDA/0M Your' :ence: NBU #000=27-57/COMMONS AT PEDERAL WAY ENDORSEMENT Attached to and forming a part of Policy No. 1349459 Issued by CHICAGO TITLE INSURANCE COMPANY Dated: December 27, 2012 ALTA ENDORSEMENT FORM 3.1-06 (Zoning - Completed Structure) The Company insures against loss or darnagc sustained by the Insured in the event that, at Date of Policy, a. according to applicable zoning ordinances and amendments, the Land is not classified Zone City Center Core (CC-C); b, the following use or uses are not allowed under that classification: Including but not limited to retail variety, specialty, or department stores, entertainment, recreational or cultural services or activities and restaurants and fast food providers, and there shall be no liability under this Paragraph 1(b) if the use or uses are not allowed as the result of any lack of compliance with any conditions, restrictions or requirements contained in the zoning ordinances and amendments thereto mentioned above including, but not limited to, the failure to secure necessary consents or authorizations as a prerequisite to the use or uses. There shall be no liability under this paragraph Lb. if the use or uses are not allowed as the result of any lack of compliance with any conditions, restrictions, or requirements contained in the zoning ordinances and amendments, including but not limited to the, failure to secure necessary consents or authorizations as a prerequisite to the use or uses. This paragraph 1.c. does not modify or limit the coverage provided in Covered Risk 5. The Company further insures against loss or damage sustained by the Insured by reason of a final decree of a court of competent jurisdiction a. prohibitilig the use of the Land, with -any eidsting structure, as insured in paragraph Lb.; or b. requiring the removal or alteration of the structure on the basis that, at Date of Policy, the zoning ordinances and amendments have been violated with respect to any of the following matters: Area, width, or depth of the Land as a building site for the structure ii. Floor space area of the structure iii. Setback of the structure from the property lines of the Land iv. Height of the structure, or V. Number of parking spaces. There shall be no liability under this endorsement based on the invalidity of the zoning ordinances and amendments until after a final decree of a court of competent jurisdiction adjudicating the invalidity, the effect of which is to prohibit the use or uses; IiNi RSEC rPMA/" Your :once: NBU #0kW2227-57/C0MM0NS AT FEDERAL WAY ENDORSEMENT Attached to and forming a part of Policy No. 1349459 Issued by CHICAGO TPI`LE INSURANCE COMPANY Dated: December 27, 2012 b. the refusal of any person to purchase, lease or lend money on the estate or interest covered by this policy. This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements. Aulth6rfized Sfg-natoryooO' Note: This endorsement shall not be valid or binding ustzl eountersigned by an authorised signatory ENDOR=/RDA/0999 Your :ence: NBU #00002227-57/COMMONSAT FEDERAL WAY ENDORSEMENT Attached to and farming a part of Policy No. 1349459 Issued by CHICAGO TITLE INSURANCE COMPANY Dated: December 27, 2012 ENDORSEMENT 115 The Company hereby insures the Insured against loss or damage which the Insured shall sustain by reason of the failure of shopping mall known as: 1928 South Commons, Federal Way, Washington to be located on the land at Date of Policy. This endorsement is made apart of the policy and is subject to all the terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the policy and prior endorsements, if any, nor does it extend the effective date of the policy and prior endorsements or increase the face amount thereof. 7 I AuUmnzed Signatory Note: This endorsement shall not be valid or binding until countersigned by an authorised Kignatasy iiN DC)Rs fx /tu-7A /0999 Your -ence: NBIJ #00002227--57fCO1V MONS AT FEDERAL WAY ENDORSEMENT Attached to and forming a part of Policy No. 1349459 Issued by CHICAGO TITLE INSURANCE COMPANY Dated: December 27, 2012 ENDORSEMENT 103.1 The Company hereby insures the Insured against loss which said Insured shall sustain as a result of any exercise of the right of use or maintenance of the easement(s) referred to in paragraph(s) 10 and 31 of Schedule B, Part I, over or through said land. The total liab ity of the Company under said policy and any endorsements therein shall not exceed, in the aggregate, the face amount of said policy and costs which the Company is obligated under the conditions and stipulations thereof to pay. This endorsement is made a part of said policy and is subject to the schedules, exclusions from coverage, conditions and stipulations therein, except as modified by the provisions hereof. uthanze zgnatory Note: This endorsement shall not be valid or binding until countersigned by an autboriaed signatory ffianoRSW/xnA10M Your ; unce: .r,MU #WU02227-57/coMMolvS AT FEDEB AL WAY ENDORSEMENT Attached to and forming a part of Policy No. 1349459 Issued by CHICAGO TITLE INSURANCE COMPANY Dated: December 27, 2012 ENDORSEMENT 110.1(Modified) WAIVER OF ARBITRATION The Policy is hereby amended by de€eting Paragraph 13 (for Lender's Policy) or Paragraph 14 (for Owner's policy) of the Conditions of the policy (6-17-06) to which this endorsement is attached. The total liability of the Company under said policy and any endorsements therein shall not exceed, in the aggregate, the face amount of said policy and costs which the Company is obligated under the conditions and sti€fula[ ions thereof to pay. This endorsement is made a part of said policy and is subject to the schedules, conditions and stipulations therein, except as modified by the provisions hereof. This endorsement is not to be construed as insuring the title to said estate or interest as of any later date than the date of said policy, except as herein expressly provided as to the subject matter hereof. c�- o n z e i T Si gffatory Note: This endorsement shell not be valid or'binding until aounteKs_gned by an authorized signatory BNDOR=A MA/OM Your! 'ence: NBU #00002227-57/COMMONS AT FEDERAL WAY ENDORSEMErU Attached to and forming a part of Policy No. 1349459 Issued by CHICAGO T= INSURANCE COMPANY Dated: December 27, 2012 ALTA 28-06 The Company insures against loss or damage sustained by the Insured if the exercise of the granted or reserved rights to use or maintain the easement(s) referred to in Exception(s) 18, 26, 27, 28, 32, 33, 49, 62, 80 and 81 of Schedule B results in: (1) damage to an existing building located on the Land, or (2) enforced removal or alteration of an existing building located on the Land. This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, ;this dco orsement ntrols. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of arr endorsements. L --h Z7 Niffiforrzed SVatory/--7' Note: This endoroament sbalI not be ralid or binding until aountereignad by an authorioed signatory M400itS X/RnA1 OM (* o Chicago Title Insurance Company LOAN POLICY OF TITLE INSURANCE Issued by Chicago Title Insurance Company Any notice of claim and any other notice or statement in writing required to be gi any to the Com- - under this Policy must be given to the Company at the address shown in Section 17 of the onditions. COVERED RISKS SUBJECTTO THE EXCLUSIONS FROM COVERAGE. THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHED- ULE B. AND THE CONDITIONS. CHICAGO TITLE iNSURANCE COMPANY, a Nebraska corporation (the "Company") insures as of late of Policy and. to the extent stated in Covered Risks 11, 13, and 14, after Date of Policy, against loss ordamage, not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of: 1. Title being vested other than as stated in Schedule A. 2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from (a) A defect in the Title caused by (i) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation; (ii) failure of any person or Entity to have authorized a transfer or conveyance; (iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or deliv- ered; (iv) failure to perform those acts necessary to create a document by electronic means authorized by law; (v) a document executed under a falsified, expired, or otherwise invalid power of attorney; (vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic means authorized by law; or (vii)a defective judicial or administrative proceeding. (b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid. (c) Any encroachment, encumbrance. violation, variation, or adverse circumstance affecting the Title that would be dis- closed by an accurate and complete land survey of the Land. The term "encroachment" includes encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing itnprove- ments located on adjoining land. 3. Unmarketable Title. 4. No right of access to and from the Land. 5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (a) the occupancy, use, or enjoyment of the Land; (b) the character, dimensions, or location of any improvement erected on the Land; (c) the subdivision of land; or (d) environmental protection if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to the extent of the violation or enforcement referred to in that notice. 6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice. 7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records. R. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Know] - edge. FORM 724)41-I)6 (6/08) ALTA Loan Policy (6-17-06) 9. The invalidity or unenforceability of the lien of the Insured Mortgage upon the Title. This Covered Risk includes but is not limited to insurance against loss from any of the following 'impairing the lien of the Insured Mortgage (a) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation. (b) failure of any person or Entity to have authorized a transfer or conveyance; (c) the Insured Mortgage not being properly created, executed, witnessed, sealed, acknowledged, notarized, or delivered; (d) failure to perform those acts necessary to create a document by electronic means authorized by law; (e) a document executed under a falsified, expired, or otherwise invalid power of attorney; (f) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic means authorized by law; or (g) a defective judicial or administrative proceeding. 10. The lack of priority of the lien of the Insured Mortgage upon the Title over any other lien or encumbrance. 11. The lack of priority of the lien of the Insured Mortgage upon the Title (a) as security for each and every advance of proceeds of the loan secured by the insured Mortgage over any statutory lien for services, labor, or material arising from construction of an improvement or work related to the Land when the improvement or work is either (i) contracted for or commenced on or before Date of Policy; or (ii) contracted for. commenced, or continued after Date of Policy if the construction is financed, in whole or in part, by proceeds of the loan secured by the Insured Mortgage that the Insured has advanced or is obligated on Date of Policy to advance. and (b) over the lien of any assessments for street improvements under construction or completed at Date of Policy. 12. The invalidity or unenforceability of any assignment of the Insured Mortgage, provided the assirnntent is shown in Sched- ule A. or -the failure of the assignment shown in Schedule A to crest title to the Insured Murtg,tge in the named insured assignee free and clear of all liens. 33. The invalidity, unenforceability, lack of priority, or avoidance of the lien of the Insured Mortgage upon the Title (a) resulting from the avoidance in whole or in part, or frotn a court order providing an atternative remedy, of any transfer of all or any part of the title to or any interest in the Land occurring prior to the transaction cmating the lien of the Insured Mortgage because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy. state insolvency, or similar creditors' rights laws: or (b) because the Insured Mortgage constitutes a preferential transfer under federal bankruptcy, state insolvency. or similar creditors' rights laws by reason of the failure of its recording in the Public Records (i) to be timely, or (ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor. 14. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks I through 13 that has been created or attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the Insured Mortgage in the Public Records. The Company will also pay the -costs. attorneys' fees, and expenses incurred in defense of any matter insured against by this Policy, bul only to the extent provided in the Conditions. IN WITNESS WHEREOF CIi1CAG0 TITLE INSURANCE COMPANY has caused this policy to he signed and sealed by its duly authorized officers. c- Countersigned: t - - Authorized Signalure Chicago Title insurance Company 1, President ATTEST`. Secretary FORM 72d141-06 (6l08) ALTA Luau Policy (6-17-061 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: l . (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land: (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion I (b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims. or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant: (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the dale the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 13, or 14); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4, Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing -business laws of the state where the Land is situated. 5. Invalidity or unenforceabilily in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth -in -lending law. 6_ Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy, 7_ Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk 11(b). CONDITIONS 1. DEFINITION OF TERMS The following terms when used in this policy mean: (a) "Amount of Insurance": The amount stated in ScheduleA, as may be increased or decreased by endorsement to this policy, increased by Section 8(b) or decreased by Section 10 of these Conditions. (b) "Date of Policy": The date designated as "Date of Policy" in Schedule A. (c) "Entity": A corporation. partnership, trust, limited liability company, or other similar legal entity. (d) "Indebtedness": The obligation secured by the Insured Mortgage including one evidenced by electronic means authorized by law, and if that obligation is the payment of a debt, the Indebtedness is the sum of (i) the amount of the principal disbursed as of Date of Policy; (4) the amount of the principal disbursed subsequent to Date of Policy; (iii) the construction loan advances made subsequent to Date of Policy for the purpose of financing in whole or in part the construction of an im- provement to the Land or related to the Land that the Insured was and continued to be obligated to advance at Date of Policy and at the date of the advance; (iv) interest on the loan; (v) the prepayment premiums. exit fees, and other similar fees or penalties allowed by law; (vi) the expenses of foreclosure and any other costs of enforcement; (vii) the amounts advanced to assure compliance with laws or to protect the lien or the priority of the lien of the Insured Mortgage before the acqui- sition of the estate or interest in the Title; (viii) the amounts to pay taxes and insurance; and (ix) the reasonable amounts expended to prevent deterioration of improve- ments: but the Indebtedness is reduced by the total of all payments and by any amount forgiven by an Insured. (e) "Insured": The Insured named in Schedule A_ (i) The term "Insured" also includes (A) the owner of the Indebtedness and each successor in ownership of the Indebtedness, whether the owner or successor owns the In- debtedness for its own account or as a trustee or other fiduciary, except a successor who is an obligor under the provisions of Sec- tion 12(c) of these Conditions: (i3) the person or Entity who has "control" of the "transferable record." if the Indebtedness is evidenced by a "transferable record," as these terms are defined by applicable electronic transactions law; (C) successors to an Insured by dissolution. merger, consolidation, dis- tribution, or reorganization; (D) successors to an Insured by its conversion to another kind of En- tity; (E) a grantee of an Insured under a deed delivered without payment of actual valuable consideration conveying the Title (1) if the stock, shares, memberships, or other equity interests of the grantee are wholly -owned by the named lnsured, (2) if the grantee wholly owns the named Insured, or (3) if the grantee is wholly -owned by an affiliated Entity of the named Insured, provided the affiliated Entity and the named Insured are both wholly -owned by the same person or En- tity; (F) any government agency or instrumentality that is an insurer or guarantor under an insurance contract or guaranty insuring or guar- anteeing the Indebtedness secured by the Insured Mortgage, or any part of it, whether named as an Insured or not; (H) With regard to (A), (6), (C), (D), and (E) reserving, however, all rights and defenses as to any successor that the Company would have had against any predecessor Insured, unless the successor acquired the Indebtedness as a purchaser for value without Knowledge of the asserted defect, lien, encumbrance, orotherMatter insured against by this policy. (1) "Insured Claimant": An Insured claiming loss or damage. (g) "Insured Mortgage": The Mortgage described in paragraph 4 of Schedule A. (h) "Knowledge" or "Known": Actual knowledge, not constructive knowledge or notice that may be imputed to an Insured by reason of the Public Records or any other records that impart constructive notice of matters affecting the Title. (i) "Land": The land described in Schedule A, and affixed improvements that by law constitute real property. The term "Land" does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is insured by this policy. 0) "Mortgage"; Mortgage, deed of trust, trust deed, or other security instru- mem including one evidenced by electronic means authorized by law, (k) "Public Records". Records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. With respect to Covered Risk 5(d), "Public Records" shall also include environmental pro- tection liens filed in the records of the clerk of the United States District Court for the district where the Land is located. (1) "Title": The estate or interest described in Schedule A. (m) "Unmarketable Title": Title affected by an alleged or apparent matter that would permit a prospective purchaser or lessee of the Title or tender on the Title or a prospective purchaser of the Insured Mortgage to be released from the obligation to purchase, lease, or lend if there is a contractual condition requiring the delivery of marketable title. CONTINUATION OF INSURANCE The coverage of this policy shall continue in force as of Date of Policy in favor of an Insured after acquisition of the Tide by an Insured or after conveyance by an Insured, but only so long as the Insured retains an estate or interest in the Land, or holds an obligation secured by a purchase money Mortgage given by a purchaser from the Insured, or only so long as the Insured shall have liability by reason of warranties in any transfer or conveyance of the Title. This policy shall not continue in force in favor of any purchaser from the Insured of either (I) an estate or interest in the Land, or (h) an obligation secured by a purchase money Mortgage given to the Insured NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT The Insured shall notify the Company promptly in writing (i) in case of any (iriga- tion as set forth in Section 5(a) of these Conditions, (ii) in case Knowledge shall come to an Insured of any claim of title or interest that is adverse to the Title or the lien of the Insured Mortgage, as insured, and that might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if the Title or the lien of the Insured Mortgage, as insured, is rejected as Unmarketable Title. If the Company is prejudiced by the failure of -the Insured Claimant to provide prompt notice, the Company's liability to the Insured Claimant under the policy shall be reduced to the extent of the prejudice. PROOF OF LOSS In the event the Company is unable to determine the amount of loss or damage, the Company may, at its option, require as a condition of payment that the Insured Claimant furnish a signed proof of loss. The proof of loss must describe the defect, lien, encumbrance, orother matter insured against by this policy thatconstitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculat- ing the amount of the loss or damage. S. DEFENSE AND PROSECL71ON OF ACTIONS (a) (b) (c) Upon written request by the Insured, and subject to the options contained in Section 7 of these Conditions, the Company, at its own cost and without un- reasonable delay, shall provide for the defense of an Insured in litigation in which any third parry asserts a claim covered by this policy adverse to the Insured This obligation is limited to only those stated causes of action alleg- ing matters insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of the Insured to object for reasonable cause) to represent the Insured as to those stated causes of action. It shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs, or expenses incurred by the Insured in the defense of those causes of action thatallege matters not insured against by this policy. The Company shall have the right, in addition to the options contained in Section 7 of these Conditions, at its own cost, to institute and prosecute any action or proceeding or to do any other act that in its opinion may be neces- sary or desirable to establish the Title or the Tien of the Insured Mortgage, as insured, or to prevent or reduce loss or damage to the Insured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable to the Insured. The exercise of these rights shall not be an admission of liability or waiver of any provision of this policy. If the Com- pany exercises its rights under this subsection, it must do so diligently. Whenever the Company brings an action or asserts a defense as required or permitted by this policy, the Company may pursue the litigation to a final determination by a court of competent jurisdiction, and it expressly reserves the right, in its sole discretion, to appeal any adverse judgment or order. DUTY OF INSURED CLAQMMNT TO COOPERATE (a) In all cases where this policy permits or requires the Company to prosecute or provide forthe defense of any action or proceeding and any appeals, the Insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, including the right to use, at its option, the name of the Insured for this purpose. Whenever requested by the Company, the insured, at the Company's expense, shall give the Company all reasonable aid (i) in securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act that in the opinion of the Company may be necessity or desirable to establish the Title, the lien of the Insured Mortgage, or any other matter as insured. If the Company is prejudiced by the failure of the Insured to furnish the required cooperation, the Company's obligations to the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiting such cooperation. (b) The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized representative of the Company and to produce for examination, inspection, and copying, at such reasonable times and places as may be designated by the authorized representative of the Company, all records, in whatever medium maintained, including books, ledgers, checks, memoranda, correspondence, reports, e-mails, disks, tapes, and videos whetherbearing adate before orafterDate of Policy, that reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Insured Claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect, and copy all of these records in the custody or control of a third parry that reasonably pertain to the loss or damage. All information designated as confidential by the Insured Claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the insured Claimant to submit for examination under oath, produce any reasonably requested information, or grant permission to secure reasonably necessary information from third parties as required in this subsection, unless prohibited by law or governmental regulation, shall terminate any Ilability of the Company under this policy as to that claim. 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION 'OF LIABILITY In case of a claim under this policy, the Company shall have the following addi- tional options: (a) To Pay or Tender Payment of the Amount of insurance or to Purchase the Indebtedness. (i) To pay or tender payment of the Amount of Insurance under this policy together with any costs, attorneys' fees, and expenses incurred by the insured Claimant that were authorized by the Company up to the time of payment or tender of payment. and that the Company is obligated to pay; or (ii) To purchase the Indebtedness for the amount of the Indebtedness on the date of purchase, together with any costs, attorneys' fees, and expenses incurred by the Insured Claimant Burt were authorized by the Company up to the time of purchase and that the Company is obligated to pay, When the Company purchases the Indebtedness, the. Insured shall transfer, assign, and convey to the Company the Indebtedness and the Insured Mort- gage, together with any collateral security. Upon the exercise by the Company of either of the options provided for in subsec- tions (a)(i) or (ii), all liability and obligations of the Company to the Insured under this policy, other than to make the payment required in those subsections, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. (b) To Pay or Otherwise Settle With Parties Other Than the Insured or With the Insured Claimant, (i) to pay or otherwise settle with other parties for or in the name of an Insured Claimant any claim insured against under this policy. In addi- tion, the Company will pay any costs, attorneys' fees, and expenses in- curred by the Insured Claimant that were authorized by the, Company up to the time of payment and that the Company is obligated to pay; or (ii) to pay or otherwise settle with the Insured Claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obli- gated to pay. Upon the exercise by the Company of either of the options provided for in subsec- tions (b)(i) or (ii), the Company's obligations to the Insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. 8. DETERMINATION AND EXTENT OF LIABILITY This policy is a contract of indemnity against. actual monetary loss or damage sustained or incurred by the Insured Claimant who has suffered loss or damage by reason of matters insured against by this policy. (a) The extent of liability of the Company for loss or damage under this policy shall not exceed the least of (i) the Amount of Insurance, (ii) the Indebtedness, (iii) the difference between the value of the Title as insured and the value of the Title subject to the risk insured against by this policy, br (iv) if a government agency or instrumentality is the Insured Claimant, the amount it paid in the acquisition of the Title or the insured Mortgage in satisfaction of its insurance contract or guaranty. 9. (b) If the Company pursues its rights under Section 5 of these Conditions turd is unsuccessful in establishing the Title or the lien of the Insured Mortgage, as insured. (i) the Amount of Insurance Shall be inereused by 10%. raid (ii) the insured Claimant shall have the right to have the loss or damage determined either as of the date the claim was made by the Insured Claimant or as of the date it is settled and paid. (c) in the event the Insured has acquired the Tide in the manner described in Section 2 of these Conditions or has conveyed the Title. then the extent of liability of the Company shall continue as set forth in Section $(a) of these Conditions, (d) In addition to die extent of liability under (art, (b). and (c), the Company will also pay Iho%e costs, attorneys' fees. and expenses incurred in accordance with Sections 5 and 7 of these Conditions. LIMITATION OF LIABILITY (a) if the Company establishes the Title. or removes the alleged defect. lien. or encumbrance. or cures the lack of a right of access to or from the Land. or cures the claim of Unmarketable Title. or establishes the lien of the Insured Mortgage, ail as insured, in a reasonably diligent manner by any method. including litigation and the completion of any appeals, it shall have fully per- formed its obligations with respect to that matter and shall not be liable ror any loss or damage caused to the Insured_ (bl In tine event of any litigation, including litigation by the Company or with the Company's consent. the Company %hail have no liability for loss or damage until [here has been a final determination by a court of competent jurisdiction, and disposition of all appeals. adverse to the Tile or to the lien of the insured Mortgage. as insured. (c) The Company shall not be liable for loss or damage to the Insured for linhilit) voluntarily assumed by the Insured in settling any claim or suit without the prior written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY (a) All payments under this policy. except payments made for costs. attorneys' fees. and expenses• shall reduce the Amount of Insurance by the amount of the payment. However. any payments made prior its the acquisition orTitle as provided in Section 2 of these Conditions shall not reduce the Amount of Insurance afforded under this policy except to the extent that the payments reduce the Indebtedness. (bi The voluntary satisfaction or release of the Insured Mortgage shall terminate all liability of the Company except as provided in Section 2 of these Condi- tions. 11, PAYMENT OF LOSS When liability and the extent of loss or damage have been delinitely fixed in accor- dance with these Conditions. the payment shall be made within 30 days, 12. RIGHT'S OF RECOVERY UPON I'AYbIENT OR SETTLEMENT fill The Company's Right to Recover Whenever the Company :hall have settled and paid a claim under this policy. it shall be subrugated and entitled to the rights of the insured Claimant in the Tuk or Insured Mortgage :cod all other rights and remedies in respect to the claim that the Insured Claimant has against any person or property. to the extent of the amount of any loss. costs. attorneys' fees, and expenses paid by the Company. if requested by the Company. the Insured Claimant shall ex- ecute documents to evidence the transfer to the Company of these rights and remedies. The Insured Claimanl shall permit the Company to sue. compro- mise. or settle in the name of the Insured Claimant and to use the name of the Insured Claimant in any lmnsaction or litigation involving' these rights and remedies. If a payment on account of aclaim does not fully coverthe lossof the Insured Claimant, the Company shall defer the exercise of its right to recover until after the insured Claimant shall have recovered its loss. (b) The Insureds Rights and Limitations 0) The owner of the Indebtedness may release or substitute the personal liability of any debtor or guarantor. extend orotherwise modify the temps of payment, release a portion of the Title from the lien of the Insured Mortgage, or release any collateral security for the Indebtedness. if it does not affect the enforceability'or priority of the lien of the insured Mortgage. (ii) If the Insured exercises a right provided in (b)(i), but has Knowledge of any claim adverse to the Title or the lien of the Insured Mortgage in- sured against by this policy, the Company shall be required to pay only that part of any losses insured against by this policy that shall exceed the amount. if any, lost to the Company by reason orthe impairment by the Insured Claimant of the Company's right of subrogation. (c) The Company's Rights Against Noninsured Obligors The Company's right of'suhroeanon includes the insured's rights against non- insured obligor% including the rights of dle Insured to indemnities. guaran- ties, other ptdieies of insurance. or bonds, notwithstanding any lerins or con- ditions contained in those instruments that address subrogation rights. The Company's right ol'suhrogatiun shall not be avoided by acquisition of the Insured Mortgage by an obligor (except an obligor described in Section I(e1(i)(F) of these Conditions) who acquires the Insured Murlguge as a result of an indemnity. guarantee. other policy of insurance. or hond. and file obli- gor will not be an insured under this nulicy. 13, ARBITRATION Either the Company or the Insured may demand that the claim or controversy shall he submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the American Land'Ttile Associluion ("Rule:'). Except as provided in the Rules, there shall be no joinder or consolidation with claims or controversies of other persons, Arbitrable mattes may include. but are not limited to, any controversy or claim between the Company and the Insured nrisiug out of or relating to this policy, any service in connection with its issuance or the breach of a policy provision. or to any other controversy or claim arising out of the Iran%acion giving rise in this policy. All arbitrable matter% when the Amount of Insurance is S2.(XXVX11) or less shall be arbitrated at (he option of either the Company or the Insured. All arbitrable matters when the Amount of lusurance is in excess of $13k)(10C shalt be arbitrated only when agreed n) by twdi the Company and the Insured. Arbiinition pursuant to this policy anti under the Rules shall be binding upon the paries. Judgment upon the award rendered by the ArbiLrator(s) may he entered in any court oI'conipetent juris- diction. 14. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT (a) This policy together with all endonemems. if any, attached to it by (he Com- pany is the entire policy anti contract between the insured and the Company. In interpreting any provision urtbis policy, IhN policy :hill) be construed as a whole. (h) Any claim of loss or damage that arises out of The status of the Title or lien of the Insured Mortgage or by any action asserting such claim shall be restricted to this policy. (c) Any amendment of or endorsement to this policy must be in wrifing and au- thenticated by an authorized person. or expressly incorporated by Schedule A of this policy. (d) Each endorsement u) this policy issued at any time is made a part of this policy and is subject to all of its terms and provisions_ Except as the endorse- nnent expressly states. it does not (i) modify any of the terms and provisions of the pu)icj•. ( fi) modify arty prior endorsement. (iii) a xlend the Late or Pohc_y: or (iv) increase the Amount of Insurance. 15. SF.VERABILITY In the event any provision of this policy. in whole or in part- is held invalid or unenforceable under applicable law, the policy shall tie deemed not to include that provision or such pan held to be invalid, but all other provisions shall remain in full force and effect. 16. CHOICE OF LAW. FORUM (a) Choice of Lamy.: The Insured acknowledges the Company has underwritten the risks covered by this policy and determined the premium charged therefor in reliance upon the law affecting interests in real property anti applicable to the interpretation. rights. remedies. or enforcement of pulicies of title insurance of the jurisdiction where the Land is located. Therefore, the court or an arbitritur shall apply the lams of the jurisdiction where the Land is located to determine the validity of claims against the Title or the lien of the Insured Mortgage that are adverse to the Insured and to interpret and enforce the terms of thi% policy. In neither case shall the court or arbitrator apply its conflicts of haw principles to determine the applicable law. ib) Choice of Forma: Any litigation or other proceeding brought by the Insured against the Company must he filed only in it .late or federal court within the United Stales of America or its territories having appropriate jurisdiction. 17. NOTICES, WHERE SENT Any notice of claim and any other notice or statement in writing required to be given to (he Company under this policy most be given to the Company at Chicago Title Insurance Company National Claims Administration P.O. Box 45023 Jacksonville. Florida 32232-5023 Chicago Title Insurance Company LOAN POLICY OF TITLE INSURANCE Issued by Chicago Title Insurance Company Any notice of claim and any other notice or statement in writing required to be given to the Com- pany under this Policy must be given to the Company at the address shown in Section ection 17 of the COVERED RISKS SUBJECTTO THE EXCLUSIONS FROM COVERAGE. THE: EXCEPTIONS FROM COVERAGE CONTAINED IN SCHE[)- ULE B. AND THE CONDITIONS, CHICAGO TITLE INSURANCE COMPANY, a Nebraska corporation (the "Company"l insures as of Date of Policy and, to the extent Stated in Covered Risks 11. 13, and ILL, after Date of Poliey, against loss or damage, trot exceeding the Amount of Insurance, sustained or incurred by the ln.sured by reason of'. L Title being vested other than as stated in Schedule A. 2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from (a) A defect in the Title caused by (i) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation; (ii) failure of any person or Entity to have authorized a transfer or conveyance; (iii) a document affecting Title not properly created, executed, witnessed. sealed, acknowledged, notarized, or deliv- ered; (iv) failure to perform those acts necessary to create a document by electronic means authorized by law; (v) a document executed under a falsified, expired, or otherwise invalid power of attorney.; (vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic means authorized by law; or (vii)a defective judicial or administrative proceeding. (b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid. (c) Any encroachment, encumbrance. violation, variation, or adverse circumstance affecting the Tittle that would be dis- closed by an accurate and complete land survey of the Land. The term "encroachment" includes encroachments of existing improvements located on the Land onto adjoining land: and encroachments onto the Land of existing iinpmve- ments located on adjoining land. :3. Unmarketable Title. 4. No right of access to and from the Land. 5. The violation or enforcement of any law, ordinance, permit, or ,governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (a) the occupancy, use, or enjoyment of the Land- (b) the character, dimensions, or location of any improvement erected on the Land; (c) the subdivision of land; or (d) environmental protection if a notice, describing any part of the Land, is recorded in the Public Records setting Forth the violation or intention to enforce, but only to the extent of the violation or enforcement referred to in that notice. 6.. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action, describing any part of the Land; is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice. 7. The exercise of the rights of eminent domain if a notice of the exercise, describing any par( of the Land, is recorded in the Public Records. 8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowl- edge. FORM 72-041-06 (0/08) ALTA Loan Policy (6-17-06) RECEIVED 33" Sth Avenue Soutl% Suite 205 Federal way, WA 98003 MEMORANDUM ® �M4�O� FEDERAL WAY CDS TO: KEVIN PETERSON, CITY OF FEDERAL WAY FROM: LAURA BARTENHAGEN, P.E. SUBJECT: DICKS SPORTING GOODS PRELIMINARY STORMWATER MEMORANDUM JOB NO: 1064-019-004 DATE: OCTOBER 21, 2013 The purpose of this memorandum is to review the Flow Control BMPs, as they apply to the Dicks Sporting Goods project, as outlined in Section 5.2.2 of the 2009 King County Surface Water Design Manual (KCSWDM), as adopted by City of Federal Way on February 16, 2010. • "Full Dispersion" - Full Dispersion requires a length of at least 100 feet of natural vegetated surface. The site does not have 100 feet of natural vegetation to meet this requirement • "Full Infiltration" - Based on past soils reports for the project site, infiltration is not feasible. • "Limited Infiltration" - Based on past soils reports for the project site, infiltration is not feasible. • "Basic Dispersion" - The use of basic dispersion is not feasible for this site whether it is splash blocks, rock pads, gravel filled trenches or sheet flow. Based on the manual the minimum vegetated flow path for the gravel filled trenches is 25 feet The site does not allow for a vegetated flow path of 25 feet and located 10 feet from a building in addition to a setback of 5 feet from the property line. • "Rain Garden" - Due to the minimum setbacks per the 2009 KCSWDM, the minimum setback is 5 feet from any structure or property line. Based on the site plan the planter islands are approximately 9 x 19 (plan view dimension). The manual requires the water storage area shall be at least 6-inches below any adjacent pavement area Thus, making the rain garden to be 2 feet below the top of curb, The manual also requires a minimum side slope of 31 requiring a minimum width of 12' to obtain a V shaped bottom. • "Permeable Pavement'- Based on past soils reports for the project site, infiltration is not feasible. Civil Engineering • Lend Surveying • Project Management . Public Works • Land Planning • Landscape Architecture Phone 253.838.6113 800.345-5694 Fax 253.838.7104 "Rainwater Harvesting" - Per the manual, the minimum setbacks for this type of facilities requires a 5-foot setback from the rainwater harvesting system to the property line. • "Vegetated Roof — The building structure were not designed to accommodate this additional weight The building roof is being designed with a pitch. i "Reduced Impervious Surface Credit' - Does not apply for this site. • "Native Growth Retention Credit'- The current site does not have a Native Growth area • "Perforated Pipe Connection" - Based on past soils reports for the project site, infiltration is not feasible. In summary, due to the proposed development type and density, flow control BMPs such as dispersion, rain gardens, and retention of native growth were evaluated but are not practical and could not be implemented on the project site. 11esm81engr%esmqobs11064101910131documenttmemo-OOi .doe er F� w� WA 9 SuM° 26b 161014 MEMORANDUM TO: KEVIN PETERSON, CITY OF FEDERAL WAY FROM: FRED BROWN, P.E. SUBJECT: DICKS SPORTING GOODS JOB NO: 1064-019-004 DATE: OCTOBER 22, 2013 The purpose of this memorandum is to provide the approximate quantities for the proposed grading and the amount of impervious are for the development The following is a summary of the earthwork volumes: Cut 58 cubic yards Fill: 70 cubic yards Net 12 cubic yards The amount of impervious/pervious area is as follows: Impervious: 24,414 square feet Pervious Area: 171 square feet Ilesm8lengrlesm-jobs11064101910131documentlmemo-002.doc Clvil Englneering • Land Surveying • Project Management • Public Works • Land Planning . Landscape Architecture Phone 253.838.6113 800,345-5694 Fax 253.838.7104 4 0 a tf i ii e .PROPOSED PYLON SIGN ov i J CONSTR C I /yam J' i a � U) ! DIMS SIGN rAiuGa AQra.w 289.7' ONE STORY EXPANSION EXISTING SEARS ENTRANCE 0 160,544 S.F. g in co N 55.00, 155.00, o � - SEAR WADI C 80.0 0' AB SAP r - � 1 x r' ,,yy�� j r' ~ p�P9�➢ r TOWER MI� X, j PYLON S IN ENTRANCE nKn 226' e DICK'S 31.0 45,055 SF AT ENTRY TOWER , KU - E] i 227.15' 0 0 ;WS LOADING 1415 N ACCESSTO MACY'S DOCKTO BE PROVIDED =� ATALLTIMES -- 4 1 .. 132.7' MACY'S 1='" 45.3' 141,259S.F. 5000, E l�� 1. � i,-i♦\� } o E ENTRANCE G'_ ACCESS TO MACY'S ENTRANCE TO BE f OF DICK'S BLDG. N PROVIDED AT ALL TIMES t� - 75.00' iG, s�illct - 252.15' SA. A ;. IMACY'S OPEN < X —I DURING —I CONSTRUCTION I I I ! l 7 IPOWER LOC. TOWER MACY'S L61THEA N LOADING 1i TRAFFIC c 1:111 SIGNAL 4 SITE REFERENCE PLAN ti p r SCALE V=80 7 WORKAREA - JAN 27 2014TO OCT I, 2014 -MALL ACCESS OPEN ATALLTIMES WORKAREA - JAN 27, 2014TO OCT I, 2014 -FENCED WITH WINDSCREEN OTHER THAN AT MALL INTERIOR CONSTRUCTION HAUL ROUTE - JAN 27, 2014TO OCT I, 2014 -ROADWAY OPEN ATALL TIMES 11-26-13 CONSTRUCTION STAGING, OFFICES & CONTRACTOR PARKING - JAN 27, 2014TO OCT 1, 2014. FENCED WITH WINDSCREEN 01-10-14 REV 01-20-14 REV "'— FENCE LINE 01-23-14 REV PHASE 2: DICK'S SPORTING GOODS CONSTRUCTION PHASING PLAN: JAN 2014 - OCT 2014