12-101022CITY OF
t. Federal Way
July 6, 2012
David Pollock
U-Haul International / Amerco Real Estate Co
2727 North Central Avenue
Phoenix, AZ 85004
FILE
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www.cityoffederalway.com
RE: File #12-101022-00-UP; PROCESS III `PROJECT APPROVAL'
U-Haul Federal Way, 35205 Enchanted Pkwy South, Federal Way
Dear Mr. Pollock:
The Department of Community and Economic Development has completed administrative review of the
proposal to redevelop an existing 109,304 square -foot building, changing the use from a home
improvement warehouse to a self -storage center. The U-Haul center will provide self -storage, mini
storage, warehouse storage, truck/trailer rental, towing equipment sales and installation, as well as retail
sales of moving supplies. The project will also include removal of parking lot landscaping and parking
stalls to provide an equipment shunting area and additional storage units. Additional site improvements
are also included.
The land use application submitted on March 6, 2012, is hereby conditionally approved per the
conditions below and the enclosed Findings for Project Approval. The remainder of this letter outlines
future review processes required, gives a brief summary of the process under the State Environmental
Policy Act (SEPA), and outlines procedure relating to appeals and approval periods for this decision.
REVIEW PROCESSES REQUIRED
The site is located in the Commercial Enterprise (CE) zoning district. Self -storage and vehicle rental uses
are permitted in CE zones subject to regulations set forth in FWRC 19.240.050 `Vehicle, boat, equipment,
and outdoor storage container sales, rental, service, repair - Self-service storage - Tow and taxi lots'.
Retail uses are also permitted in this zone subject to the provisions of FWRC 19.240.070 `Retail use'.
This proposal is reviewed through the Process III project approval review under FWRC Chapter 19.65.
Project approval does not grant license to begin any type of site work.
CONDITIONS OF PROJECT APPROVAL
Prior to issuance of the Certificate of Occupancy, all landscaping per the landscape plan prepared by
Olympic Landscape and Irrigation Co., received May 17, 2012, must be installed and inspected.
Please contact Becky Chapin at 253-835-2641 to schedule a landscape inspection.
SEPA PROCESS
The City of Federal Way utilized the Optional DNS process as allowed in Washington Administrative
Code 197-11-355 and the Responsible Official issued a notice of Determination of Nonsignificance
(DNS) on June 1, 2012. The integrated comment period ended June 18, 2012. Following review of the
environmental checklist, the city determined the proposal would not have a probable significant adverse
impact on the environment, and an Environmental Impact Statement would not be required, and no SEPA
based mitigation was necessary. The DNS was issued June 20, 2012, and the appeal period ended July 5,
2012. There were no comments or appeals submitted to the Federal Way City Clerk.
Mr. Pollock
July 6, 2012
Page 2
REQUESTS FOR CHANGE OF VALUATION
Any affected property owners may request a change in valuation for property tax purposes, not
withstanding any program of revaluation.
APPEALS
The effective date of issuance is three calendar days following the date of this letter, or July 9, 2012.
Pursuant to FWRC 19.65.120, this land use decision may be appealed by any person who submitted
written comments or any person who has specifically requested a copy of the decision. Any appeal must
be in the form of a letter delivered to the Department of Community and Economic Development with the
established fee and within 14 calendar days after the effective date of issuance of this decision, or July
23, 2012. The appeal letter must contain a clear reference to the matter being appealed and a statement of
the factual findings and conclusion of the Director of Community and Economic Development disputed
by the person filing the appeal. The Federal Way Hearing Examiner will hear any appeals of the Process
III decision.
LAPSE OF APPROVAL
The applicant must substantially complete construction within five years after the final decision of the
city on the matter, or the decision becomes void. Per Federal Way Revised Code (FWRC) 19.15.110, a
two-year extension may be granted only if a written request is submitted to the Department of Community
and Economic Development at least 30 days prior to the expiration of the decision.
BUILDING PERMIT ISSUANCE REQUIRED
The City's Building Division is currently reviewing four building permits associated with the U-Haul
proposal. No work may begin until the building permits are issued. Please contact the permit center at
253-835-2607, or permitcenter@cityoffederalway.com, if you have any questions regarding any building
permits.
CLOSING
This land use decision does not constitute building permit approval, and it does not waive compliance
with future City of Federal Way codes, policies, and standards relating to this development. If you have
any questions regarding this decision, please contact Becky Chapin, Assistant Planner, at 253-835-2641
or rebecca.chapin@cityoffederalway.com.
Sincerely,
Isaac Conlen
Planning Division Manager
for Patrick Doherty, Director
enc: Approved Site Plan
Exhibit `A' Findings for Project Approval
c: Ann Dower, Senior Engineering Plans Examiner
Sarady Long, Senior Transportation Planning Engineer
Scott Sproul, Plans Examiner
Chris Ingham, South King Fire & Rescue
12-101022 Doc, I.D. 61538
CITY OF
Federal Way
Exhibit A
FILE
Findings for Project Approval
Federal Way Revised Code (FWRC) Chapter 19.65 `Process III — Project Approval'
U-Haul Federal Way, File #12-101022-00-UP
The Planning Division hereby presents the following analysis to the Director of Community and Economic
Development pursuant to content requirements of the Process HI written decision as set forth in Federal Way
Revised Code (FWRC) 19.65.100(4).
1. Proposal — The applicant proposes to redevelop an existing 109,304 square -foot building, changing the
use from a home improvement warehouse to a self -storage center. The U-Haul center will provide self -
storage, mini storage, warehouse storage, truck/trailer rental, towing equipment sales and installation, as
well as retail sales of moving supplies. The project will also include removal of parking lot landscaping
and parking stalls to provide an equipment shunting area and additional storage units. Additional site
improvements are also included.
2. Comprehensive Plan & Zoning — Zoning for the subject site is Commercial Enterprise (CE). Self -
storage and vehicle rental uses are permitted in CE zones subject to regulations set forth in FWRC
19.240.050 `Vehicle, boat, equipment, and outdoor storage container sales, rental, service, repair -
Self-service storage - Tow and taxi lots'. Retail uses are also permitted in this zone subject to the
provisions of FWRC 19.240.070 `Retail use'. The Federal Way Comprehensive Plan (FWCP)
designation for the subject site is Commercial Enterprise.
Site Plan Review Process — The proposed re -development is a "Change of Use" '*from hardware
warehouse use to a self -storage, vehicle rental use and requires review under Process III, `Project
Approval'. This determination is based on the increased impacts in terms of required parking,
extent/amount of outdoor storage, and the general appearance of the site. The Director of Community
and Economic Development makes a written decision on the application based on criteria listed under
FWRC 19.65.100.
4. State Environmental Policy Act (SEPA) — The proposed improvement is a change of use from the
previous use of the building and exceeds the categorical exemption levels pursuant to Washington
Administrative Code (WAC) 197-11-800 categorical exemptions - flexible thresholds. The city utilized
the Optional DNS process as allowed by SEPA Rules. A combined Notice of Application and Optional
Determination of Nonsignificance was issued June 1, 2012. No comments were received during the
integrated comment period. The City acted as lead agency and issued a Determination of
Nonsignificance on June 20, 2012. The threshold determination appeal period ended July 5, 2012, with
no appeals submitted to the Federal Way City Clerk; therefore, the determination has become final.
5. Public Notice & Comment — Pursuant to Process III and SEPA regulations, a Notice of Land Use
Application and Optional DNS was published in the Federal Way Mirror, posted at two locations at the
t Per FWRC 19.05.030, "Change of use" means the general character of a use has been modified. This determination shall
include but not be limited to a review of. (1) Hours of operation; (2) Required parking; (3) Traffic generation; (4) General
appearance; (5) Type, extent or amount of indoor or outdoor storage; and (6) Constituents of surface water discharge or runoff.
subject site, and displayed on the designated city notice boards on June 1, 2012. Notices were also
mailed to property owners within 300 feet of the subject property. No written comments were received
on the land use application or SEPA DNS notice.
Required Yards & Height — Under FWRC 19.240.050, self-service storage uses located in the CE
zoning district have a 20-foot front yard setback and a 15-foot side and rear yard setback. The
property line abutting 352°d Street is considered the front property line for this site. Building height
does not exceed 40 feet above average building elevation. The existing building meets all of these
dimensional requirements.
Landscaping — Type III perimeter landscaping five feet in width is provided along the north and
west property lines. The existing landscaping along the east property line is proposed to be
supplemented with additional shrubs and ground cover to adequately screen the proposed storage
buildings and outdoor storage/shunting area.
Per FWRC 19.125.100, a modification to the landscaping requirements may be requested for specific
requirements in unique or special circumstances. The city has reviewed the current conditions of the
site and due to the existing driveway access easement located between the new Lowe's and the
proposed U-Haul sites, modification to the proposed landscaping is approved, and perimeter
landscaping is not required along the south property line.
Twenty two square feet of interior lot landscaping, per parking space (not including truck/equipment
shunting area spaces), is provided in accordance with FWRC 19.125.070, Parking Lot Landscaping.
Final review of proposed landscaping will occur in conjunction with building permit review.
8. Parking Areas — A parking analysis was prepared by U-Haul showing that the proposed amount of
parking will adequately serve the self -storage use based on references from the ITE Trip Generation,
Call for Data, Trip Generation Handbook, Local Municipalities for Off -Street Parking requirements,
The Self -Storage Associations, The American Planning Association, and Jon E Schmidt and
Associates, Transportation Engineer. After analysis of the documents it has been determined that 46
spaces for the self -storage use is appropriate. The city concurs with this analysis; therefore, the
minimum amount of parking for the self -storage use will be 46 parking stalls.
As part of the proposal, 3,943 square feet of retail area is proposed. Per FWRC 19.240.070, Retail, 1
parking space for each 300 square feet is required. The site plan depicts 14 spaces for the retail use,
which is adequate. There will be a total of 60 parking spaces on site for both the self -storage and
retail uses.
Outdoor Storage Area — The equipment staging area and exterior storage units are subject to
FWRC 19.125.170 for outdoor storage yards. FWRC 19.125.170(3)(b) requires that outdoor storage
yards provide a six -foot -high sight obscuring solid board fence around the perimeter of the yard, or a
combination of screening and landscaping, unless such screening is determined by the Director to
not be necessary.
The site is already screened with existing vegetation from the right-of-way. The landscaping along
the east property line will be enhanced with additional shrubs and groundcover, along with existing
cedar trees, so that the trucks and exterior storage units will be minimally visible from the right-of-
way. It is concluded that additional screening will not be required.
U-Haul Federal Way Page 2
Findings for Process III `Project Approval' File # 12-101022-00-UP / Doc m 61432
10. Community Design Guidelines — Per FWRC Chapter 19.115 "Community Design Guidelines, "
expansion or remodeling of existing developments shall meet only those provisions of this chapter
which are reasonably related and applicable to the proposal. Site and architectural design meet the
requirements of FWRC Chapter 19.115 that are reasonably related based on the following key design
elements:
a. The overall site design includes separated paved pedestrian pathways connecting new and
existing buildings to one another and to adjacent rights -of -way.
b. Parking lots are broken up into rows and separated by planting areas.
c. The application demonstrates overall continuity of architectural design while implementing
current design standards.
11. Stormwater — Drainage components shall conform to the 2009 King County Surface Water Design
Manual (KCSWDM) and City amendments. Although the existing detention pond likely does not
provide flow control to current standards, the proposed project is exempt due to the relatively low value
and small amount of new or replaced impervious surface. Likewise, the project is exempt from water
quality requirements due to the same factors. However, water quality was brought into compliance with
then -current standards in 2008 when Lowe's redeveloped the southern portion of the site. Current
standards are very similar.
12. Concurrency and Traffic Impacts — Based on the trip generation estimated by staff, submitted
materials, and credit for the current/previous use (Lowes), it appears that the project will not generate
any new trips and as such a concurrency permit is not required. A traffic impact fee is also not required
for this project.
13. Street Frontage ]Improvements — The applicant is required to set aside the right-of-way on South
352" d Street as track ' X ' for future road improvement, as depicted on the site plan.
14. The proposed site plan application and application attachments have been determined to be
consistent with the Federal Way Comprehensive Plan, all applicable provisions of the FWRC, and
with the public health, safety, and welfare. The streets and utilities in the area of the subject property
are adequate to serve the anticipated demand from the proposal, and the access to the subject
property is at the optimal location and configuration for access. The proposed development is
consistent with Process III, Project Approval, decisional criteria required under FWRC
19.65.100(2)(a) and (2)(b).
15. Final construction drawings will be reviewed for compliance with specific 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.
Prepared by: Becky Chapin, Assistant Planner
U-Haul Federal Way
Findings for Process III `Project Approval'
Date: July 6, 2012
Page 3
File #12-101022-00-UP / Doc ID 61432
CRY OF
Federal Way
June 20, 2012
David Pollock
U-Haul International / Amerco Real Estate Co
2727 North Central Avenue
Phoenix, AZ 85004
CITY HALL F i L E
33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www cityoffederalway. com
RE: File #12-101023-00-SE; ENVIRONMENTAL THRESHOLD DETERMINATION
U-Haul Federal Way, 35205 Enchanted Pkwy South, Federal Way
Dear Mr. Pollock:
The city and jurisdictional agencies have reviewed the environmental checklist submitted with the U-Haul
Process III Master Land Use (MLU) application. It has been determined that the proposal will not have a
probable significant adverse impact on the environment. As a result, an Environmental Impact Statement (EIS)
is not required to comply with the State Environmental Policy Act (SEPA). A copy of the Determination of
Nonsignificance (DNS) is enclosed.
The Optional DNS Process was used to review this proposal. The 14-day comment period required by SEPA
Rules ran concurrently with the public comment period associated with the notice of land use application,
which began on June 1, 2012, and ended June 18, 2012. The city did not receive written comments regarding
the MLU application or environmental checklist. Pursuant to Washington Administrative Code (WAC) 197-11-
355, a second comment period is not required upon issuance of the DNS.
The enclosed DNS was issued on June 20, 2012. The city will provide a copy of the DNS to the Department of
Ecology, agencies with jurisdiction, Puyallup and Muckleshoot tribes, and anyone requesting a copy. All final
determinations may be appealed within 14 days following the issuance of the DNS. No licenses, permits, or
approvals will be issued until completion of the appeal period, which ends July 5, 2012.
The decision not to require an EIS does not grant the license, permit, or approval you are seeking from the city.
The environmental record is considered by the decision maker(s) and conditions will be imposed to reduce
identified environmental impacts, as long as the conditions are based on adopted and designated city policy.
After a final decision has been made on your proposal you may, but are not required to, publish a Notice of
Action as permitted in RCW 43.21C.075. The Notice of Action sets forth a time period after which no legal
challenges regarding the proposal's compliance with SEPA can be made. The city is not responsible for
publishing the Notice of Action.
Questions regarding the environmental review component should be directed to me at 253-835-2641 or
rebecca.chapin@cityoffederalway.com.
Sincerely,
�X� Mor�-
Becky p Cha i
Assistant Planner
enc: DNS
Doe. LD 61462
CITY OF 'A
Federal Way
ENVIRONMENTAL
DETERMINATION OF NONSIGNIFICANCE (DNS)
U-Haul Federal Way
File No. 12-101023-00-SE
FILE
Proposal: The applicant proposes to redevelop an existing 109,304 square -foot building, changing
the use from a home improvement warehouse to a self -storage center. The U-Haul center
will provide self -storage, mini storage, warehouse storage, truck/trailer rental, towing
equipment sales and installation, as well as retail sales of moving supplies. The project
will also include removal of parking lot landscaping and parking stalls to provide an
equipment shunting area and additional storage units. Additional site improvements are
also included.
Proponent: David Pollock, U-Haul International, 2727 North Central Avenue, Phoenix, Arizona,
85004
Location: 35205 Enchanted Parkway South, Federal Way
Lead Agency: City of Federal Way Community and Economic Development
Staff Contact: Becky Chapin, Assistant Planner, 253-835-2641
The Responsible Official of the City of Federal Way hereby makes the following decision based upon
impacts identified in the environmental checklist, Federal Way Comprehensive Plan, Federal Way
Revised Code, 2009 King County Surface Water Design Manual, and other municipal policies, plans,
rules, and regulations designated as a basis for exercise of substantive authority under the State
Environmental Policy Act Rules pursuant to Revised Code of Washington (RCW) 43.31C.060.
The lead agency for this proposal has determined that it does not have probable significant adverse impact
on the environment and an Environmental Impact Statement (EIS) is not required under RCW
43.21C.032(2)(c). This decision was made after review of a completed environmental checklist and other
information on file with the lead agency. This information is available to the public on request.
This DNS is issued after using the optional DNS process in WAC 197-11-355. No written_ comments
were received in res onse to the 14 day comment period that ended June 18, 2012. There is no further
comment period on the DNS.
You may appeal this determination to the Federal Way City Clerk, no later than 5:00 p.m. on July 5,
2012, by a written letter stating the reason for the appeal of the determination. You should be prepared to
make specific factual objections.
Responsible Official: Isaac Conlen, Planning Manager
for Patrick Doherty, Director of Community and Economic Development
Address: 33325 8"' Avenue South, Federal Way, WA` 98003
Date Issued: June 20, 2012 Signature:
Doc LD.61461
CITY OF
Federal Way
May 30, 2012
David Pollock
U-Haul International / Amerco Real Estate Co
2727 North Central Avenue
Phoenix, AZ 85004
CITY HALL FI�LE
33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www.cityoffederahvay.com
RE: File #12-101022-00-UP; LETTER OF COMPLETE APPLICATION
U-Haul Federal Way, 35205 Enchanted Pkwy South, Federal Way
Dear Mr. Pollock:
The Department of Community and Economic Development is in the process of reviewing
information you submitted on March 6, 2012, as well as additional information submitted on May 14,
May 17, and May 22, 2012, for the proposal to redevelop an existing 109,304 square -foot building
with a self -storage center and other site improvements at the above -referenced site. The project is
being reviewed under the provisions of Federal Way Revised Code (FWRC) Chapter 19.65, "Process
III Review — Project Approval" in addition to the State Environmental Policy Act (SEPA).
NOTICE OF COMPLETE APPLICATION
Please consider this letter a Notice of Complete Application. The Process III Master Land Use
application is deemed complete as of May 24, 2012. 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." A 120-day time line for reviewing the
environmental checklist and Process III application has started as of this date.
PUBLIC NOTICE
The combined Notice of Application and optional DNS 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 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.
CLOSING
If you have any questions regarding this letter or your development project, please contact me at 253-
835-2641, or rebecca.chapin@cityoffederalway.com.
Mr: Pollock
May 30, 2012
Page 2
Sincerely.
Nlo U
Becky Chapin
Assistant Planner
enc: NOA/Optional DNS notice
Ann Dower, Senior Engineering Plans Reviewer
Sarady Long, Senior Transportation Planning Engineer
Scott Sproul, Plans Examiner
Chris Ingham, South King Fire & Rescue
Brian Asbury, Lakehaven Utility District
12-101022 Doc I. D. 61215
CITY OF
. Federal Way
April 18, 2012
David Pollock
U-Haul International / Amerco Real Estate Co
2727 North Central Avenue
Phoenix, AZ 85004
F1'?
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
wwww atyoffederalway. com
RE: File #12-101022-00-UP; TECIINICAL COMMENTS
U-Haul Federal Way, 35205 Enchanted Pkwy South, Federal Way
Dear Mr. Pollock:
This letter forwards additional requests for information from Public Works — Traffic Division for the
above -referenced proposed project. Following receipt of the revised plans and information addressing the
City's review comments, the City will continue the review of the application pursuant to applicable
Federal Way Revised Code (FWRC) requirements.
ADDITIONAL INFORMATION REQUESTED
The following staff have reviewed submitted information and require additional information before
project approval is granted. These are provided at this time to expedite the review process.
Traffic Division, Sarady Long, sarady.long@cityoffederalway.com, 253-835-2743
Please find the enclosed April 17, 2012 memorandum.
RESUBMITTALS
When submitting the requested items, please submit four (4) copies of any revisions with the enclosed
Resubmittal Information Form.
If you should have any questions regarding this letter or your development project, please feel free to call
me at 253-835-2641.
Sincerely,
ko-
Becky Chapi
Assistant Planner
enc; Traffic Memo dated April 17, 2012
Resubmittal Information Form
c: Sarady Long, Senior Traffic Engineer
Doe, ID. 60916
CITY OF 40":t��
Federal Way
4ik
DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES
33325 Win Avenue South
Federal Way WA 98003
253-835-7000; Fax 253-835-2609
www. c i tyo f f e d eralway. co rn
DECLARATION OF DISTRIBUTION
hereby declare, under penalty of perjury of the laws of the State of
Washington, that a:
❑ Notice of Land Use Application/Action
❑ Notice of Determination of Significance
(DS) and Scoping Notice
J. -Sngisu� 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 Xmailed
� ❑ faxed A e-mailed and/or ❑ posted to or at each of the attached addresses on
b , 2012.
Project Name U
File Number(s) J a
Si nature a,.,,,,,-.-. � Date 6 • D -/a
K:\CD Administration Fles\Declaration of Distribution.doc/Last printed 1 /12/2012 2:20:00 PM
CITY OF IA '��a'�
Federal Way
ENVIRONMENTAL
DETERMINATION OF NONSIGNIFICANCE (DNS)
U-Haul Federal Way
File No.12-101023-00-SE
Proposal: The applicant proposes to redevelop an existing 109,304 square -foot building, changing
the use from a home improvement warehouse to a self -storage center. The U-Haul center
will provide self -storage, mini storage, warehouse storage, truck/trailer rental, towing
equipment sales and installation, as well as retail sales of moving supplies. The project
will also include removal of parking lot landscaping and parking stalls to provide an
equipment shunting area and additional storage units. Additional site improvements are
also included.
Proponent: David Pollock, U-Haul International, 2727 North Central Avenue, Phoenix, Arizona,
85004
Location: 35205 Enchanted Parkway South, Federal Way
Lead Agency: City of Federal Way Community and Economic Development
Staff Contact: Becky Chapin, Assistant Planner, 253-835-2641
The Responsible Official of the City of Federal Way hereby makes the following decision based upon
impacts identified in the environmental checklist, Federal Way Comprehensive Plan, Federal Way
Revised Code, 2009 King County Surface Water Design Manual, and other municipal policies, plans,
rules, and regulations designated as a basis for exercise of substantive authority under the State
Environmental Policy Act Rules pursuant to Revised Code of Washington (RCW) 43.31C.060.
The lead agency for this proposal has determined that it does not have probable significant adverse impact
on the environment and an Environmental Impact Statement (EIS) is not required under RCW
43.21C.032(2)(c). This decision was made after review of a completed environmental checklist and other
information on file with the lead agency. This information is available to the public on request.
This DNS is issued after using the optional DNS process in WAC 197-11-355. No written comments
were received in response to the 14 day comment period that ended June 18, 2012. There is no further
comment Mriod on the DNS.
You may appeal this determination to the Federal Way City Clerk, no later than 5:00 p.m. on July 5,
2012, by a written letter stating the reason for the appeal of the determination. You should be prepared to
make specific factual objections.
Responsible Official: Isaac Conlen, Planning Manager
for Patrick Doherty, Director of Community and Economic Development
Address: 33325 8a` Avenue South, Federal Way, WA ` 98003
Date Issued: June 20, 2012 Signature:
Doc. I,D. 61461
NOA/Optional DNS and Environmental Checklist to:
DEPT OF ECOLOGY LAKEHAVEN UTILITY DIST SOUTH KING FIRE & RESCUE
ENVIRONMENTAL REVIEW SEC PO BOX 4249 31617 1ST AVE S
PO BOX 47703 FEDERAL WAY WA 98063 FEDERAL WAY WA 98003
OLYMPIA WA 98504-7703
MUCKLESHOOT INDIAN TRIBE
ATTN ENVIRONMENTAL
REVIEWER
39015 172ND AVE SE
AUBURN WA 98002
PUYALLUP TRIBE OF INDIANS
ENVIRONMENTAL REVIEWER
3009 E PORTLAND AVE
TACOMA WA 98404
Im
Tamara Fix
From: Tamara Fix
Sent: Wednesday, June 20, 2012 9:27 AM
To: 'ECY RE SEPA UNIT'
Cc: Gordon Goodsell; 'basbury@lakehaven.org'; Chris Ingham
Subject: U-Haul DNS
Attachments: U-Haul DNS.pdf
Attached is the DNS for the U-Haul project in the City of Federal Way. This is being issued on June 20, 2012, and the
Assistant Planner for the project is Becky Chapin, 253-835-2641, rebecca.chapin@citvoffederalwa_y.com_.
CIT
Federal Way
DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES
33325 8th Avenue South
PO Box 9718
Federal Way WA 98063-9718
253-835-7000; Fax 253-835-2609
www.cifyoffederalwov.com
DECLARATION OF DISTRIBUTION
1, Kennith George
laws of the State of Washington, that a:
❑ Notice of Land Use Application/Action
❑ Notice of Determination of Significance
(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
hereby declare, under penalty of perjury of the
❑ 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
[3 Adoption of Existing Environmental
Document
was ❑ mailed ❑ faxed ❑ e-mailed and/or posted to or at each of the attached addresses on
June lst 2012.
Project Name U-Haul Federal Way
File Numbers) # 12-101022-UP # 12-10177b #'s] 2-101774 & l 2-10] 773-CO & SEPA # ] 2-101023-SE
r
Signature
Date 0 2,0J
K:\Intern\Declaration of Distribution notices\Declaration of Distribution with Posting Sites.doc
Pasting Sites:
Federal Way City Hall- 33325 ah Avenue
Federal Way Regional Library- 34200 1st Way South
Federal Way 320h Branch Library- 848 South 320th Street
Subject Site- 35205 Enchanted Parkway South (2 notice boards)
K:\Intem\Declaration of Distribution notices\Declaration of Distribution with Posting Sites.doc
A
CITY OF
Federal Way
NOTICE OF MASTER LAND USE APPLICATION AND
OPTIONAL DETERMINATION OF NONSIGNIFICANCE (DNS)
Project Name: U-Haul Federal Way
Project Description: The applicant proposes to redevelop an existing 109,304 square -foot building, changing the use
from a home improvement warehouse to a self -storage center. The U-Haul center will provide self -storage, mini
storage, warehouse storage, truck/trailer rental, towing equipment sales and installation, as well as retail sales of
moving supplies. The project will also include removal of parking lot landscaping and parking stalls to provide an
equipment shunting area and additional storage units. Additional site improvements are also included.
Applicant: David Pollock, U-Haul International, 2727 North Central Avenue, Phoenix, Arizona, 85004
Project Location: 35205 Enchanted Parkway South, Federal Way
Date Application Received: March 61 2012 Date Determined Complete: May 24, 2012
Date of Notice of Application: June 1, 2012 Comment Due Date: June 18, 2012
Environmental Review: Based upon review of a completed environmental checklist, and other information on file
with the City, it is likely that the City of Federal Way will determine that the project will not have a probable
significant adverse impact on the environment and expects to issue a Determination of Nonsignificance (DNS) for
this project. The optional DNS process in WAC 197-11-355 is being used. This may be your only opportunity to
comment on the environmental impacts of the proposed project. The proposal may include mitigation measures under
applicable codes, and the review process may incorporate or require mitigation measures regardless of whether an
environmental impact statement (EIS) is prepared. A copy of the subsequent threshold determination for the specific
proposal may be obtained upon request.
Agencies, tribes, and the public are encouraged to review and comment on the proposed project and its probable
environmental impacts. Comments must be submitted by the date noted above.
Permits Under Review: Use Process III (File #12-101022-UP), Building Permit (File #'s 12-101776, 12-101774, & 12-
101773-CO) and State Environmental Policy Act Threshold Determination (File #12-101023-SE)
Environmental Documents & Studies: Environmental Checklist
Relevant Environmental Documents Are Available at the Address Below: Yes
Development Regulations Used for Project Mitigation: Federal Way Revised Code (FWRC) Title 14,
"Environmental Policy;" Title 16 "Surface Water Management," and Title 19, "Zoning and Development Code"
Public Comment & Appeals: Any person may submit written comments on the land use application or the
environmental impacts of the proposal to the Director of Community and Economic Development by 5:00 p.m. on
June 18, 2012. Only persons who submit written comments to the Director (address below) or specifically request a
copy of the decision, may appeal the decision. However, any interested party may appeal the environmental threshold
determination. Details of appeal procedures for the requested land use decision will be included with the written
decision.
Issuance of Final Environmental Determination: The final Determination of Nonsignificance (DNS) may be
issued without a second comment period, unless timely comments identify probable significant adverse impacts that
were not considered by the Notice of Optional DNS. A copy of the DNS may be obtained upon request.
Availability of File: The officialTroject file is available for public review at the Department of Community and
Economic Development, 33325 8 Avenue South, Federal Way, WA 98003.
Staff Contact: Assistant Planner Becky Chapin, 253-835-2641
Published in the Federal Way Mirror on June 1, 2012. Doc I.D. 61225
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eral Way
DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES
33325 8th Avenue South
Federal Way WA 98003
253-835-7000; Fax 253-835-2609
www.citvoffederalway.eom
DECLARATION OF DISTRIBUTION
I, mlini,� hereby declare, under penalty of perjury of the laws of the State of
Washington, that a:
❑ Notice of Land Use Application/Action
❑ Notice of Determination of Significance
(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 Arnailed ❑ faxed Xe-mailed and/or ❑ posted to or at each of the attached addresses on
2012.
Project Name V - n Li
File Number(s)
)a-/6l6aD
Signature Date
5 • ::� / r/1
K:\CD Administration Files\Declaration of Distribution.doc/Last printed 1 /12/2012 2:20:00 PM
Federal Utilay
NOTICE OF MASTER LAND USE APPLICATIOIIN AND
OPTIONAL DETERNUNATION OF NONSIG Project Name: U-Haul Federal Way CANOE (DNS)
Project Description: The applicant proposes to redevelop an existing 109,304 s
from a home improvement warehouse to a self -storage center. The U_
storage, warehouse storage, truck/trai]er rental, towing equipment sales and installation,r will foov building, changing the use
moving supplies. The project will also include removal of Haul center will provide self -storage, mini
equipment shun#ing area and additional storage units. Additional site improvements as well as retail sales of
P ng lot landscaping and parking stalls to provide an
Applicant: David Pollock, U- P ements are also included.
Haul International, 2727 North Central Avenue, Phoenix, Arizona, 85004
Project Location: 35205 Enchanted Parkway South, Federal Way
Date Application Received: March 6 2012
Date of Notice ofApplication: June h , 20 Date Determined Complete:
Comment Due Date: A May 18, 2012
Environmental Review: Based upon review of completed environmental checklistJune 18, 2012
with the City, it's likely that the City r Federal Way will determine that the rn
significant adverse impact on the environment and expects to issue a bete and other informationole on file
sits project. The optional DNS n )ect will not have a probable
comment on the environmentali?m process in WAC 197-11-355 is being usedrTltismay be yo Lion of Nonsignifcance (DNS) for
pacts of the proposed Project. The proposal may inc ude m ngat an measures under
applicable codes, and the review process may y Aportunity to
ur
environmental impact statement 3' incorporate or require mitigation measures regardless n whether u
Proposal may be obtained u request. is prepared A copy of the subsequent threshold determination for the specific
y Eon request.
Agencies, tribes, and the public are encouraged to review and co
environmental impacts. Comments must be submitted by the datenm d above ro osed A A project and its probable
Permits Under Review: Use Process III (F`ile #12-]01022-UP I01773_Cp) and State Environmental Folic Act T )' Building Permit (File #'s 12-101776, 12-101774, & 12-
Environmental Documents & Studies: Environmental shold Determination (File #12-101023-SE)
Relevant Environmental Documents Are Available at the gist
DeveloAddress Below: Yes
pment Regulations Used for Project Mitigation: Federal Wa
"Environment Policy;" Title 16 "Surface Water M
and ement � Revised Carle CFA RC} Title 14,
Public Comment & Appeals:g y and Title 19, Zoning and Development Code"
ftheAny Person may submit written comments on the land use application or t
environmental impacts of the proposal to the Director of Commune
June Of
a der sio persons who submit written co ty and Economic Development by 5:00 P.M.
he
copy p f the decision, ma a comments to the Director {address below) or specifically re es a
determination, De y appeal �e decision. However, any interested
on
tails of appeal procedures for the requested Inte use decision ill beappeal the included ental threshold
decision,
with the written
Issuance of Final Environment., Determination. The final Determination
issued without a second comment period, unless timely cotnmen#s identi
were not considered by the Notice of Optional DNS, of Nansigrrificance (DNS) may be
identify probable significant adverse impacts that
Availability of File: The official roject file is available Of the DNS may be obtained upon request.
Economic Development, of fir 8'� e for Public review at the De
Avenue South, Federal Way, WA 98003 Department of Community and
Staff Contact: Assistant Planner Becky Chapin, 253-835-264,
Published in the Federal Way Mirror on June 1, 2012.
Doc. I. D. 61225
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NOA/Optional DNS and Environmental Checklist to:
DEPT OF ECOLOGY
ENVIRONMENTAL REVIEW SEC
PO BOX 47703
OLYMPIA WA 98504-7703
MUCKLESHOOT INDIAN TRIBE
ATTN ENVIRONMENTAL
REVIEWER
39015 172ND AVE SE
AUBURN WA 98002
Ma,
LAKEHAVEN UTILITY DIST
PO BOX 4249
FEDERAL WAY WA 98063
PUYALLUP TRIBE OF INDIANS
ENVIRONMENTAL REVIEWER
3009 E PORTLAND AVE
TACOMA WA 98404
Ord, enue)0eeS
SOUTH KING FIRE & RESCUE
31617 1 ST AVE S
FEDERAL WAY WA 98003
Tamara Fix
From:
Sent:
Tamara Fix
To:
Thursday, May 31, 2012 4:18 PM
'ECY
Cc:
RE SEPA UNIT'
Subject:
Attachments:
'basbury@lakehaven.org'; Chris Ingham; Gordon Goodsell
U-Haul NOA & Opt DNS
UHaul NOA & Opt DNS pkt.pdf
Attached are the NOA and Optional DNS and Annotated Environmental Checklist for
DNS is being issued A June 1, 2012, by the City of Federal Way. The Assistant Planner forJthe project is Becky NOA Opt
DNS is been in cit offune , 2 .com.
2'amara fix
Admi12 -Asst.
Ctty Of f ederaC-Tay
tamarq. 'xCcit o ederalwa .com
'"When life gives you a hundred reasons to cry, show life that you have a thousand reasons to smile." Unknown
FederalVjZ
VI/ay
DEPARTMENT OF COMMUNMY DEVELOPMENT SERvrcES
33325 8th Avenue South
Federal Way WA 98003
253-835-7oQ0; Fax 253
�W.cit affe _83S-2bQ9
eralwr� .com
DECLARATION OF DISTRIBUTION
hereby declare,teWashington, hat a: under penalty of Perjury of the laws of the State of
❑ Notice of Land Use Application/Action
❑ Notice of Determination of Significance
(DS) and Scoping Notice
❑ Notice of Environmental Determination
of Nonsignfficance (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 Are -mailed and/or 20 72. ❑posted to or at each of the attached
addresses on
Project Name A
File Number(s) _ ) �, _
Signature
Date
K:\CD Administration Files\Declaration of Distribution.doc/Last printed 1/12/2012 2:20:00 pM
Tamara Fix
From:
Sent: Rudi Alcott <ralcott@fedwaymirror.com>
To: Wednesday, May 30, 2012 10:49 AM
Subject: Tamara Fix
Re: Legal Notice - U-Haul
No problem. We will get this in for you.
Take care,
--------------------
Rudi Alcott
Publisher
Federal Way Mirror
p: 253.925.5565 x-1050
c: 253.336.5359
t: 206.390.5925
On Wed, May 30, 2012 at 10:48 AM, Tamara Fix <Tamara.Fix ci offederalw
. camp wrote.
-Haul NOA &Opt DNS, 12-101023 in
Fridays (June 1, 2012) issue.
Please publish the attached legal notice (U
Please confirm and issue an affidavit of publication.
Thanks!
Tamara Fix
City of Federal Way
Tamara,fix@cit offederalwq .cam
253-835-2602
"Just think about how happy you'd be if you lost everything
somehow got everything back again," gobi Yamada g and everyone you have right now, and then
i
Federal Way
NOTICE OF MASTER LAND USE APPLICATION AND
OPTIONAL DETERMINATION OF NONSIGNIFICANCE
Project Name: U-Haul Federal Way {DNS)
Project Description: The applicant
from a home improvement warehouse opa self -storage Center.
redevelopses 10 an existing 109,304 square -foot building, changing the use
storage, warehouse storage, Vuck/trailer rental, Cowin equipment The U-Haul center will provide self -story
moving supplies. The project will also include removal of parking sales and installation,as g� mini
equipment shunting area and additional storage u 'lotAdditionalwell as retail sales of
g nits. Add t anal gsite improvement,
are
al of includestallss
Applicant: David Pollock, U- provide an
Haul International, 2727 North Central Avenue, Phoenix Arizona,
Project Location: 35205 Enchanted Parkway South, Federal Way 85004
Data Application R'
Received, March 6, 2012
Date of Notice of Application: June 1, 2012 Date Determined Complete:
Environmental Review: Based Comment Due Date: June p May 24, 2012
che upon review ofa completed environmental checklist, and other nf18� 2012
with the City, it's likely that the City of Federal Way will determine that the
significant adverse impact on the environment any expects orznation on file
this project- The optional DNS process in WAC I97-1 I-355 is being protect will not have a probable
comment t- the environmental imps Process
of theProposed
ro F to issue a Determination of 1►lonsionifieance
applicable codes g used. This may be your only Opportunity for
and the review process may iPrp osed project. The Y pFortunity to
environmental impact statement (EIS) is Prepared. Proposal may include mitigation measures under
incorporate or require mitigation measures regardless of whether an
proposal may be obtained u p F A copy ofe subsequent threshold determination for the s
pan request.
Agencies, tribes, and the public are encouraged to review pecific
environmental impacts. Comments must be submitted by the date noted above. ro osed p P project and its probable Permits Under Review: Use Process III (File #12-101422-Up
101773-CQ) and ,Aare Environmental policy Act Threshold UP), Buildtn Pe ,
g (File
# (File # s 12-101776, 12-101774, & 12-
Environmental Documents & Studies: Environmentalrmination (File #12-101023-SE)
Relevant Environmental Documents Are Available the Checklist
Development Re u Address Below: yes
g lotions Used for Project Mitigation: Federal �a
"Environmental policy;" Title 16 "Surface Water Management," y Revised Carte (F WRC) Title 14,
Public Comment & Appeals: and Title 19, "Zoning and Development Code„
envirarunental impacts of the ro Any person may submit written comments on the land use
.Tune 18, 2012. onlyP Aosal to the Director of Cotnmuni application or the
FMons who submit written comments to the D e tar {address below conomic Development b 5:
copy ni the decision, may appeal the decision. However, an Y 00 p.m. on
determination. Details of appeal procedures for the requested land use dea t ) or specifically request a
decision. per' may appeal the environmental tlueshold
on will be included with the wri#ten
Issuance of Final Environmental Determination: The final Determination
issued without a second comment period, unless timely comments identify
were not considered by the Notice ofQpfiana! DNS. of IYonsignificance DNS) may be
fy probable significant adverse impacts that
Availability of File: The official roject file is available of the DNS may be obtained upon request.
Economic Development, 33325 S��Avenue South, Federal r public review at the Department of Community and
Staff Contact: Assistant Planner Becky Chapin, 253-835-2641
Published in the Feder& W", Mirror on June 1, 2012.
Doc. I.D. 61225
CITY OF FiLE
Federal Way
NOTICE OF MASTER LAND USE APPLICATION AND
OPTIONAL DETERMINATION OF NONSIGNIFICANCE (DNS)
Project Name: U-Haul Federal Way
Project Description: The applicant proposes to redevelop an existing 109,304 square -foot building, changing the use
from a home improvement warehouse to a self -storage center. The U-Haul center will provide self -storage, mini
storage, warehouse storage, truck/trailer rental, towing equipment sales and installation, as well as retail sales of
moving supplies. The project will also include removal of parking lot landscaping and parking stalls to provide an
equipment shunting area and additional storage units. Additional site improvements are also included.
Applicant: David Pollock, U-Haul International, 2727 North Central Avenue, Phoenix, Arizona, 85004
Project Location: 35205 Enchanted Parkway South, Federal Way
Date Application Received: March 6, 2012 Date Determined Complete: May 24, 2012
Date of Notice of Application: June 1, 2012 Comment Due Date: June 18, 2012
Environmental Review: Based upon review of a completed environmental checklist, and other information on file
with the City, it is likely that the City of Federal Way will determine that the project will not have a probable
significant adverse impact on the environment and expects to issue a Determination of Nonsignificance (DNS) for
this project. The optional DNS process in WAC 197-11-355 is being used. This may be your only opportunity to
comment on the environmental impacts of the proposed project. The proposal may include mitigation measures under
applicable codes, and the review process may incorporate or require mitigation measures regardless of whether an
environmental impact statement (EIS) is prepared. A copy of the subsequent threshold determination for the specific
proposal may be obtained upon request.
Agencies, tribes, and the public are encouraged to review and comment on the proposed project and its probable
environmental impacts. Comments must be submitted by the date noted above.
Permits Under Review: Use Process III (File #12-101022-UP), Building Permit (File #'s 12-101776, 12-101774, & 12-
101773-CO) and State Environmental Policy Act Threshold Determination (File #12-101023-SE)
Environmental Documents & Studies: Environmental Checklist
Relevant Environmental Documents Are Available at the Address Below: Yes
Development Regulations Used for Project Mitigation: Federal Way Revised Code (FWRC) Title 14,
"Environmental Policy;" Title 16 "Surface Water Management," and Title 19, "Zoning and Development Code"
Public Comment & Appeals: Any person may submit written comments on the land use application or the
environmental impacts of the proposal to the Director of Community and Economic Development by 5:00 p.m. on
June 18, 2012. Only persons who submit written comments to the Director (address below) or specifically request a
copy of the decision, may appeal the decision. However, any interested parry may appeal the environmental threshold
determination. Details of appeal procedures for the requested land use decision will be included with the written
decision.
Issuance of Final Environmental Determination: The final Determination of Nonsignificance (DNS) may be
issued without a second comment period, unless timely comments identify probable significant adverse impacts that
were not considered by the Notice of Optional DNS. A copy of the DNS may be obtained upon request.
Availability of File: The officialXroject file is available for public review at the Department of Community and
Economic Development, 33325 8 Avenue South, Federal Way, WA 98003.
Staff Contact: Assistant Planner Becky Chapin, 253-835-2641
Published in the Federal Way Mirror on June 1, 2012. Doc, I.D. 61225
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DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES
33325 81h Avenue South
CITY OF RESUBMITTED Federal Way, WA 98003-6325
253-835-2607; Fax 253-835-2609
FederalWay MAY 2 8 2012 .A %vw.citvof edera1► ay.coin
CITY OF FEDERAL WAY
RESUBMITT& 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. **
ANYCHANGES TO DRAWINGS MUST BE CLOUDED.
Project Number:
Project Name:
M-11AHE 12WINW STllAI
Project Address: f elf[_(}ff7
Project Contact: Nytd' PC) i 16ck� Phone: (�7,02)1 �- :3--'__1 '5-- 5
RESUBMITTED ITEMS:
# of Copies `*
Detailed Description of Item
1~ �1 P
** Always submit the same number of copies as required foryour initial application.""
Resubmittal Requested by: �C C C' Letter Dated: / /_��
(Starrem er
F _ OFFICE USE Oft Y
RESUB #.• Distribution Date._) lodd 1- By.-
Dept/Div
Name
#
Description
Building
Planning
PW
Fire
Other
Bulletin #129 — January 1, 2011 Page 1 of 1 k:\Handouts\Resubmittal Information
U HAUL
U-HAUL INTERNATIONAL • 2727 N. CENTRAL AVE. • PHOENIX, AZ 85004 • (602) 263-6502 • FAX NO. (602) 277-1026
May 22, 2012
To: Ms. Becky Chapin, Assistant Planner
City of Federal Way, Wa,
Re: File #12-101022-00-UP; U-Haul Federal Way, 35205 Enchanted Pkwy
Parking Analysis - Response
Dear Ms. Chapin;
As requested in the pre-appIicaiion conference per item number �7 ❑f the planning Division
Planning Comments, we have prepared a parking analysis which will support the number of
spaces needed for our "Self -Storage" facility as depicted on the Master Land Use Site plan
Analysis;
The Master Land Use Site Plan, as currently submitted, notates that we are proposing 46 total
Parking spaces for Self -Storage use. The data used to determine the count of46 spaces
for the Self Storage use was gathered from a series of official references including the ITE Trip
Generation, Call for i3ata, 9�' Edition, Trip Generation Handbook, 3rd Edition; Local Munici aliti
for Off -Street Parking requirements; The Self -Storage Association; The American plain P es
Association; and Jon E Schmidt and associates, Transportation Engineer. Below are guidelines
from each of the above references in determining the currant state of parking requirements relative
The Self -Storage Association is in the initial stages of purslxing a change for local munici alities
for Warehousing Facilities for Families and Small Businesses ending current requirements
that would standardize the parking requirements to (1}space per 2,000 SF GFA (up to 10,000 SF
or (1) space per customers.
SF (over 10,000 SF of GFA), with one (1) space provided for each employee
and 2 spaces for customers.
"Self Storage Standards and the Modern Community,,
(SSA), an official not -for profit organization of the elf Storage Industry along with the d by the self Storage Association
Planning Association (APA); have showed that there is no universal standard Ofparkin requirements
for self storage facilities, and the requirements that do exist v g q rnents
vary Featly throughout the Country.
RESUBMITTED
MAY 2 2 2012
l - CITY OF FCEDS RAL WAY
f the parking requirements f
The offices of don E Schmidt and Associates conducted a study 4 of the Municipalities required
Self Storage in 14 municipalities. Out of the 14 researched, only
en compared with the spaces per square foot using the Self -
more parking for storage facilities wh
Storage Association equation.
The International Traffic Engineers (1TE) Parkin Generation
tbl lied alsta lard of 0127 parkingsanual, Yd Edition, paces
for
parking requirements for self -storage facilities h
per 1,000 SF of GFA. With 84,468 SF of the planned of Future Storage areas equals a proposed total
U-Haul Federal Way development, plus the 19,393 lf-StoTage Gross Floor Area at the proposed
SF _
storage area of 103,861 SF. If you use the equations asl set
forth 1 divided by 1 000 xa0.27 Traffic
spaces
ti
of 0.27 spaces per 1,000 SF of GFA this would equal
required.
Local municipalities, such as the City of Seattle when reviewing their Municipal Code Table A,
Section municipalities,
"Required Parking!' notates that Self -Storage requires (1) one space for each 2,000
SF of GFA is required for Storage Uses. Similarly, the City of Auburn, Washington Chapter 18.52
"Off Street Parking and Loading also requires also
requires
required spaces for 2,000 SF of GFA.
Dividing our Gross Floor Area of 103,861 by 2
Conclusion;
parking requirements for Self -Storage facilitlv continuer�ments for self storage uses are
industry. Cities like Federal Way realize thatparking
a continuing problem and have implemented parking ratio determinations on a case by case basis. We
feel that this is the correct way to proceed. lalon t is the with the parking spaces they will require.current user or tenant who knows its S1ness
Because in
operations and the traffic they will generate g
a situation like ours, the end user has experienced for self -storage wledge of parking demand, we have based our
on a hybrid of the bovem ntioned
Master Land Use Site Plan parking designation
methods.
neee
We believe that 46 spaces designated for Self Storage
spaces for our count utomersthis
who are
Even if all spaces are not used, it allows for additional overflow spa
utilizing our retail or equipment rental services at this location.
ally;
David Pollock, Principal Planner / Staff Architect
U-Haul International, Phoenix Az 85004
602 263-6502
-2-
SITE DATA
,4,-" ..
,V- OF F'P(),JFC-r:
L.HAIJI- FEDERAL Y,1.1,y -
P110JEC7 DESCRIPT'Oft
TT-MANT (NOW-STRUCTURAl jWFRjoR
i
"I POVM-WS 01' A-4 M41..w M; - OINU AND
IN-) A d-mL STojtCZ .'
0 CK
iZUT-f.
PRC,,.,TtG' ADORESS:
35205 16f.H Av:> S(-:U,-.H
PARCEL NO:
T
LOT STZ':
256.512± Sj-, f5,,c!S ACI;ES)
SETSACKS:
FRONT REQUIRED: 20'--3"
FRONT PRO,:'jDED: 5,"-7"
CE RF Q, L J I R E D: 15--o"
SIDE
DE P;rO� ' ; I or D;
REAR _R[OMEO:
REAp.
PARK.Nf;:
EQUIP, RENTAL Or-r.jCE,.
S F,
SsPAPCAc
wm"qrm
sf/;Vo
4
PW-A Dr. f)
idt 51'.,.ces
SELF SeWrr 5Tolt4or:
Cll"UINEJ ON A CAS-
Rro[)IRED-
K../ -
PA W DE 0
4VEPACES
TOTAL SPACES REQUIRED:
1 , cpE3
'S,-l-AC'E
10TAL SPAUMO PROVIDED:
0 S
EQUiPMENT STAGING AREA.:
-TT: rIV&DLNGWILDE
FULlYSPAi%KLEnEr
BUILDING DATA
,JN;NG (EXIST4.-NC.):
CMAMERC!AL ENTERPRISL P-)
(S)) AND MERCANTILE M,
CONSTPUCMUN 'TYPE:
IiiR SF"RIN<L.EFZEO
BUILDING
40' ALLO'NABLE
DUIL,MNG AREA.q:
PHASE 1
109,373 S:F.
RETAII
S,. A, I (1:k?
J&P BAYS
SEl..V-STORAGE
t34 C-8 SF.
"UT-'jR- STORAGE
3 S.F.-:-
BLDG W - PHASE w
600 S, F.
91 LOG - P�iASr 111
750 S-f.
SLOG 'D' - pl.:
iASE III
AERIAL
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RESUBMITTED
MAY 2 2 2012
CITY OF FEDERAL WAY
CDS
DEPARZ',VIENT OF COMMUNITY DEVELOPMEN1• SERVICES
CITY OFV:�k�RESUBMITTED 33325 81h Avenue South
Federal Way�esleralWay,WA 9$0p3-6325
253-835-2607, Fax 253-835-2609
MAY 17 2012 u,��ti.�it aff4aeralwa .��n.,
CITY OF FEDERAL WAY
CDS
RESUBMITTAL INFORMATION
This comp/eted form MUST accompany a// resubmitta/s.
Please note: Additional or re vised plans or documents for an active project will not be accepted
unless accompanied by this completed form. Mailed resubmittals that do not include this form or that
p
do not contain the correct numberofcoles w111 be returned or discarded. You are encouraged to
submitall items in person and to contact the Permit Counter prior to submitting ifyou are not sure
about the number of copies required. "*
ANYCHANGES W DRAWINGS MUST BE CLOUDED.
Project Number:
Project Name:
Project Address:
5 52-�)5
Q'�- -2--0.1 o-gip
Project Contact: U
Phone:
RESUBMITTED ITEMS:
# of Copies **
Detailed Description of item
S
** A/ways submit the same number of copies as required foryour initial Opp/ication. *'�
Resubmittal Requested by
_Letter Dated:
RESUB #-------------------
-
Name
Planr
PW
Fire
Other
OFFICE USE ONL Y
Distribution Date.57
-
Bulletin #129— January], 2011
Page 1 of 1
k:lllandou[slResubmitta! Information
DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES
RESUBMITTED
33325 8`h Avenue South
CITYOF - `^ ==y"'" ITTED Federal Way, WA 98003-6325
253-835-2607;Fax 253-835-2609
Federal Way MAY 14 2012 %N°ww.cityoffcdcralway.com
CITY OF FEE)ERAL WAy
CD$
RESUBMITTAL INFORMATION
This completed form MUST accompany all resubmittals.
"Pleasenote.- 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: U-
t fl,.*- - k Z) �_ b -I, f2ee - _C� L_ - �L f�_
Project Address:
�" t
Project Contact. ���,t,b t'..Phone: lR �7i - Z ' �Q'�i
RESUBMITTED ITEMS:
# of Copies'"'
Detailed Description of Item
♦ I
W
La KA. In�.o�-eu
** Always submit the same number of copies as required for your initial application.'"
Resubmittal Requested by: Letter Dated: I
(5taft MemberT
S
�11
OFFICE USE Oft Y
RESUB #.'D1strr6u#on Date.- �J 1 By.'
Dept/Div
Name
#
Description
Buildin
,Plannin
PW
Fire
Other
Bulletin #129 —January 1, 2011 Page 1 of 1 k:WandoutsUtesubmittal Information
U-HAUL INTERNATIONAL • 2727 N. CENTRAL AVE. ■ PHOENIX, AZ 85004 • (602) 263-6502 ■ FAX NO. (602) 277-1026
May 11, 2012
To: Ms. Becky Chapin, Assistant Planner
City of Federal Way, Wa.
Re: File #12-101022-00-UP; U-Haul Federal Way, 35205 Enchanted Pkwy
Technical Comments - Response
Dear Ms. Chapin;
Below, is our response to the technical comments we received and that relate to our Master Land Use
application.
Traffic Division;
Public Works Traffic Division has completed their review of our project and has requested a response
to the following technical comments;
"Revise plans to depict right-of-way dedication on 352" d Street and SR 161 set aside as tract "X" for
future road extension project".
Response;
Civil Engineering Plan Sheet C1 and Architectural Pan SP-1 have been revised to reflect the right-of-
way dedication on 325nd Street and SR 161 as requested. Attached are 4 revised copies of each plan.
Building Wall Signs;
Per discussions with Ms. Grace Skidmore relating to future approvals and permitting process for our
exterior wall signs. It was pointed out that your code will consider the false window display decals as
depicted on our Master Land Use original submittal as wall signs.
U-Haul has revised its plan to construct real windows. Refer to revised Sheets CVR, SP-1, A-1 and
A-4 (Exterior Building Elevations). Attached are 4 revised copies of each plan
If you require any additional information, please contact me directly.
1 RESUBMITTED
Davi o ock, Principal Planner / Staff Architect MAY 14 ')` 17
U-Haul International, Phoenix Az 85004
602 263-6502 CITY OF FEDERAL V(Ay
CDS
-1-
FeOF
deral Way
DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES
33325 8`h Avenue Sonth
Federal Way, WA 98003-6325
253-835-2607; Fax 253-835-2609
iuvA f offederalw VXOM
Beckd
ENVIRONMENTAL C ti/�/a_
CHECKLIST
PURPOSE OF CHECKLIST
The State Environmental Policy Act (SEPA), Revised Cade of Washington (RCW) Chapter 43.21 C,
requires all governmental agencies to consider the environmental impacts of a proposal before making
decisions. An environmental impact statement {EIS} must be prepared for all proposals with probable
significant adverse impacts on the quality of the environment. The purpose of this checklist is to provide
information to help you and the agency identify impacts from your proposal {and to reduce or avoid
impacts from the proposal, if it can be done) and to help the agency decide whether an EIS is required.
INSTRUCTIONS FOR APPLICANTS
This environmental checklist asks you to describe some basic information about our proposal.
Governmental agencies use this checklist to determine whether the environmental impacts of your proposal
are significant, requiring preparation of an EIS. Answer the questions briefly, with the most precise
information known, or give the best description you can.
You must answer each question accurately and carefully, to the best of your knowledge. In most cases, you
should be able to answer the questions from your own observations or proj ect plans without the need to
hire experts. If you do not know the answer, or if a question does not apply to your proposal, write "do not
know" or "does not apply." Complete answers to questions now may avoid unnecessary delays later.
Some questions ask about governmental regulations, such as zoning, shoreline, and landmark designations.
Answer these questions if you can. Ifyou have problems, the governmental agencies can assist you.
The checklist questions apply to all parts of your proposal, even if you plan to do them over a period of
time or on different parcels of land. Attach any additional information that will help describe your proposal
or its environmental effects. The agency to which you submit this checklist may ask you to explain your
answers or provide additional information reasonably related to determining if there may be
adverse impact. significant
USE OF CHECKLIST FOR NON -PROJECT PROPOSALS
Complete this checklist for non -project proposals, even though questions may be answered "does not
apply-" In addition, complete the Supplemental Sheet for Non -Project Actions.
For non -project actions, the references in the checklist to the words "project
or site" should be read as "proposal,, proposer," applicant,,' and "property
proposer," and "affected geographic area," respectively.
--• ��� — ✓au ualy 1, LV 11
Page I of 18
RECEIVE
MAR 062012
CDS
A. BACKGROUND
1. Name of proposed project, if applicable:
2. Name of applicant:
U-Haul International
Address and phone number of applicant and contact person:
2727 North Central Ave, Phoenix, Arizona, 85004, (602) 263-6502, David Pollock
4. Date checklist prepared:
January 30, 2012
5. Agency requesting checklist:
City of Federal Way
6. Proposed timing or schedule (including phasing, if applicable):
Tenant Improvements and parking lot changes the fall of 2012, and open for business fall 2012
7. Do you have any plans for future additions, expansion, or further activity related to or connected with
this proposal? If yes, explain.
Yes, additional storage units may be added in the future.
8. List any environmental information you know about that has been prepared, or will be prepared,
directly related to this proposal.
None, the site is currently developed and in an urban area. No environmental impacts are expected.
9. Do you know whether applications are pending for governmental approvals of other proposals directly
affecting the property covered by your proposal? If yes, explain.
No.
Bulletin #050 —January 1, 2011 Page 2 of 18
k;lT-fandoutslEnvironmental Checklist
10. List any government approvals or permits that will be needed for your proposal, if known.
Grading permit for parking lot modifications. Building permit for storage units and tenant improvements.
f r uc-3 -5 tAa ug epr rm I.
11. Give brief, complete description of your proposal, including the proposed uses and the size of the
project and site. There are several questions later in this checklist that ask you to describe certain
aspects of your proposal. You do not need to repeat those answers on this page.
The existing building of 109,304 sf will be improved to a new storage facility and rental truck operation.
Existing parking lot will be modified to facilitate a truck rental facility.
12. Location of the proposal. Give sufficient information for a person to understand the precise location of
your proposed project, including a street address, if any, and section, township, and range, if known.
If a proposal would occur over a range of area, provide the range or boundaries of the site(s). Provide
a legal description, site plan, vicinity map, and topographic map, if reasonably available. While you
should submit any plans required by the agency, you are not required to duplicate maps or detailed
plans submitted with any permit applications related to this checklist.
Sit is located in the City of Federal Way, Washington at the corner of South 352nd Street and Enchanted Parkway.
B. ENVIRONMENTAL ELEMENTS
1. EARTH
a. General description of the site (circle one): , rolling, hilly, steep slopes, mountainous, other.
b. What is the steepest slope on the site (approximate percent slope)?
1 % to 2%
c. What general types of soils are found on the site (for example, clay, sand, gravel, peat, mulch)? If
you know the classification of agricultural soils, specify them and note any prime farmland.
Site has native and fill soils underlined by Glacial Till. Fill soils extend to a maximum depth of
approximately eight to ten feet. Fill soils consist generally of brown, and gray brown, silty sand
with gravel (SM to SP-SM)
Bulletin #050 — January 1, 2011 Page 3 of 18 k:\Handouts\Environmental Checklist
d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe.
No.
e. Describe the purpose, type, and approximate quantities of any filling or grading proposed.
Indicate source off1l.
There will be an excavation of approximately 50 yards of excavation for landscape organic material removal.
there will approximately 25 yards of fill for select fill base material prior to pavement operations.
f. Could erosion occur as a result of clearing, construction, or use? If so, generally describe.
Yes, there is all ways the potential for silt runoff to enter the private onsite drainage system. standard BMP
will be used to reduce this potential risk.
g. About what percent of the site will be covered with impervious surfaces after project construction
(for example, asphalt or buildings)?
the site is currently 84% cover by impervious surface and building roof. at the end of this project the site will
be covered by 85% impervious surface and building roof.
h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any.
Standard BMPs of silt fence and catch basin filter socks will be used.
2. AIR
a. What types of emissions to the air would result from the proposal (i.e., dust, automobile, odors,
industrial wood smoke) describe and give approduring construction and when the project is completed? If any, generally
during
quantities if known.
Common Urban air delivery trucks and automobile traffic. there will be some short term construction
equipment diesel exhaust.
b. Are there any off -site sources of emissions or odor that may affect your proposal? If so, generally
describe.
Non except for standard Urban car exhaust
Bulletin #050 —January 1, 2011 Page 4 of 18
k:wandautslEnviranmentai Checklist
c. Proposed measures to reduce or control emissions or other impacts to air, if any.
Non.
3. WATER
a. Surface.
1) Is there any surface water body on or in the immediate vicinity of the site (including year-
round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe type and
provide names. If appropriate, state what stream or river it flows into.
systems. No Since the Middle 1960 the runoff in the Urban area has been handled through closed pipe conveyance
2) Will the project require any work over, in, or adjacent to (within 200 feet) the described
waters? If yes, please describe and attach available plans.
No
3) Estimate the amount of fill and dredge material that would be placed in or removed from
surface water or wetlands and indicate the area of the site that would be affected. Indicate the
source of fill material.
N/A
4) Will the proposal require surface water withdrawals or diversions? Give general description,
purpose, and approximate quantities if known.
No.
5) Does the proposal lie within a 100-year floodplain? If so, note location on the site plan.
No.
Bulletin #050 —January 1, 2011 Page 5 of 18
k;lHandoutslEnvironmenraf Checklist
6) Does the proposal involve any discharges of waste materials to surface waters? If so, describe
the type of waste and anticipated volume of discharge.
No.
b. Ground.
1) Will ground water be withdrawn, or will water be discharged to groundwater? Give general
description, purpose, and approximate quantities if known.
No utility excavation are anticipated to require construction dewatering. No groundwater withdraw will be
done during the day to day operation of the U-Haul facility.
2) Describe waste material that will be discharged into the ground from septic tanks or other
sources, if any (for example: domestic sewage; industrial, containing the following
chemicals...; agricultural; etc.). Describe the general size of the system, the number of such
systems, the number of houses to be served (if applicable), or the number of animals or
humans the system(s) are expected to serve.
There are no know septic tanks or underground tanks on the site. Site is served by public sewer system.
c. Water Runoff (including stormwater)
1) Describe the source of runoff (including storrawater) and method of collection and disposal,
if any (include quantities, if known). Where will this water flow? Will this water flow into
other waters? If so, describe.
Site runoff is from building roofing and typical urban parking lot runoff. stormwater for the paved area is
collected through an existing closed pipe conveyance system. The stormwater then drains into and existing private wet
pond. records show the wetpond outlets into the public drainage system on Enchanted Parkway. The building roof area
discharges into an underground infiltration system per the public record 1991 storm drainage report for Eagle Hardware.
2) Could waste materials enter ground or surface waters? If so, generally describe.
No, unless large amounts of oils enter the storm drainage system.
Bulletin #050 —January 1, 2011 Page 6 of 18 kAHandouts\Environmental Checklist
d. Proposed measures to reduce or control surface, ground, and runoff water impacts, if any.
Standard BMP practices and the work standards and safety training of the U-Haul company
4. PLANTS
a. Check or circle types of vegetation found on the site.
x deciduous tree: alder, maple, aspen, other
x evergreen tree: fir, cedar, pine, other
x shrubs
amass
_pasture
_crop or grain
_wet soil plants: cattail, buttercup, bulrush, skunk cabbage, other
_water plant: water lily, eelgrass, milfoil, other
_other types of vegetation
b. What kind and amount of vegetation will be removed or altered?
Some existing onsite landscaping.
SO(W 'Par + L� f �Q�'ccip, mcl ucf tr eeS ayA
W-ro�.�� cov"C wt l t 1p2 ►-CmZveA TV ► -
r�• j ctrez�"-
c. List threatened or endangered species known to be on or near the site.
None
d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation
on the site, if any.
Site is already landscaped. Trees will be added to the site to enhance the existing landscaping
environment.
S �..pQ�n.-�-r►,1 -�-t��'S , S 1-� n�b5, e�r�d r� r� ux� ca Ve-r 'tom be..
Bulletin #050 — January 1, 2011 Page 7 of 18 k:\Handouts\Environmental Checklist
5. ANIMALS
a. Circle any birds and animals which have been observed on or near the site or are known to be on
or near the site.
birds: hawk, heron, eagle, son , other
mammals: deer, bear, elk, beaver, other
fish: bass, salmon, trout, herring, shellfish, other
b. List any threatened or endangered species known to be on or near the site.
None
c. Is the site part of a migration route? If so, explain.
None are known.
d. Proposed measures to preserve or enhance wildlife, if any.
Site is an Urban area, none.
6. ENERGY AND NATURAL RESOURCES
a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the
completed proj ect's energy needs? Describe whether it will be used for heating, manufacturing,
etc.
Electric and natural gas will be used for heating and cooling
b. Would your project affect the potential use of solar energy by adjacent properties? If so, generally
describe.
no.
Bulletin #050 — January 1, 2011 Page 8 of 18 k:\Handouts\Environmental Checklist
c. What kinds of energy conservation features are included in the plans of this proposal? List other
proposed measures to reduce or control energy impacts, if any.
Compliance with all applicapable Washington state energy codes.
7. ENVIRONMENTAL HEALTH
a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and
explosion, spill, or hazardous waste that could occur as a result of this proposal? If so, describe.
No.
1) Describe special emergency services that might be required.
None, except what is currently expected for when the site housed Eagle Hardware and then Lowes.
2) Proposed measures to reduce or control environmental health hazards, if any.
Standard BUT practices and the work standards and safety training of the U-Haul company
b. Noise.
1) What types of noise exist in the area which may affect your project (for example: traffic,
equipment operation, other)?
Standard Urban Parking lot traffic noise
2) What types and levels of noise would be created by or associated with the project on a
short-term or long-term basis (for example: traffic, construction operation, other)? Indicate
what hours noise would come from the site.
Short term would be the construction work to do the parking lot modifications and
building facade changes. Long term would be standard urban parking lot noise.
Bulletin #050 — January 1, 2011 Page 9 of 18 k:\Handouts\Environmental Checklist
3) Proposed measures to reduce or control noise impacts, if any.
None
8. LAND AND SHORELINE USE
a. What is the current use of the site and adjacent properties?
A close Lowes Hardware store.
S i i s an. &,b ' rv4 WA.rehow9e / f W-A\ AVr- Sion -'( /PCB
f ctcer�-ti p r� perdu 5 io L.r5 H-ewdA wo" e-, Dg3M core'` S
b. Has the site been used for agriculture? If so, describe.
no.
c. Describe any structures on the site.
109,304 square foot retail store building
d. Will any structures be demolished? If so, what?
M
e. What is the current zoning classification of the site?
CE- commercial enterprise
f. What is the current comprehensive plan designation of the site?
Commercial Enterprise
Bulletin #050 — January 1, 2011 Page 10 of 18 k:\Handouts\Environmental Checklist
g. If applicable, what is the current shoreline master program designation of the site?
None
h. Has any part of the site been classified as an environmentally critical area? If so, specify.
No
Sim is w4hin '5 year at,d 10-year ►"�lh.Ad Frafr
4*7Ard0KS "kn,10 tnuentoy Gra+I--^J A-rniry--f
welt h,wA P nor AreAS Ao rrvvS havefaun f, -{-Le. C
i. Approximately how many people would reside or work inthe comPfeted project? '
10 employees at a daytime shift and 1 to 2 during any PM shifts.
j. Approximately how many people would the completed project displace?
None
I Proposed measures to avoid or reduce displacement impacts, if any.
None
1. Proposed measures to ensure the proposal is compatible with existing and projected land uses and
Plans, if any.
The meeting of all applicable city codes and U-haul building standards
9. HOUSING
a. Approximately how many units would be provided, if any? Indicate whether high, middle, or low-
income housing.
None,
Bulletin #050 —January 1, 2011
Page 11 of 18 k,-\FlandoutslEnvironnienlai Checklist
b• Approximately haw many units, if any,
low-income housing. would be eliminated?Indicate whether high, middle, or
None
c. Proposed measures to reduce or control housing impacts, if any.
None
10. AESTHETICS
a. What is the tallest height of anyproposed structure(s), not including antennas, what is t
Principal exterior building material(s) proposed? he
25 feet
b. What views in the immediate vicinity would be altered or obstructed?
None
c. Proposed measures to reduce or control aesthetic impacts, if any,
None
11. LIGHT AND GLARE
a. What type of light or glare will the proposal produce? What time of day would it mainly occur?
Current parking lot lighting will be maintained. some light glare may combine with t
the adjacent LOwes parking lot. Existing lighting does not effect street traffic.
he light glare of
Bulletin #050 — January.l, 201 I
Page 12of18
UHandoutsSrtvironmental Checklist
b. Could light or glare from the finished project be a safety hazard or interfere with views?
No.
c. What existing off -site sources of light or glare may affect your proposal?
The adjacent Lowes parking lot lighting and public street lighting.
d. Proposed measures to reduce or control light and glare impacts, if any.
None.
12. RECREATION
a. What designated and informal recreational opportunities are in the immediate vicinity?
Enchanted Park Six Flags
b. Would the proposed displace any existing recreational uses? If so, describe.
No
c. Proposed measures to reduce or control impacts on recreation, including recreation opportunities
to be provided by the project or applicant, if any.
None
Bulletin #050 — January 1, 2011 Page 13 of 18 k:\Handouts\Environmental Checklist
13. HISTORIC AND CULTURAL PRESERVATION
a. Are there any places or objects listed on, or proposed for, nation, state, or local preservation
registers known to be on or next to the site? If so, generally describe.
No
importance known to be on or next to the site. b. Generally describe any landmarks or evidence of historic, archaeological, scientific, or cultural
None
c. Proposed measures to reduce or control impacts, if any.
None
14. TRANSPORTATION
a. Identify public streets and highways serving the site, and describe proposed access to the existin
street system. Show on site plans, if any. g
Streets are Enchanted Parkway and South 352nd Street. The site Building is accessible by walk paths to the
city street.
b. Is the site currently served by public transit? If not, what is the approximate distance to the
nearest transit stop?
Yes a bus stop is at the corner of Enchanted Parkway and South 352nd Street.
c' How many parking spaces would the completed project have? How many would the project
eliminate?
Project will provide 48 parking stalls. approximately 33 will be eliminated.
p"v i°-o
nof inr{ W w arm..
Bulletin #050 —January 1, 2011
Page 14 of 18 k:WandautslEnvironmental Checklist
d• Will the proposal require any nevi roads or streets, or improvements to existing reads or streets,
not including driveways? If so, gencrally describe (indicate whether public or private).
No. all required street improvements per code all ready exist.
]'p if h'1H Y�Yt [� C_�re
e• Will the project use (or occur in the immediate vicini
generally describe. ty of) water, rail, or air transportation? If so,
No.
f How many vehicular trips per day would be generated by the completed project? If known,
indicate when peak volumes would occur.
ITE code 151 storage unit will produce 25 daily trips and 2 pm peak hour trips.
g. Proposed measures to reduce or control transportation impacts, if any.
None
15. PUBLIC SERVICES
a. Would the project result in an increased need for public services (for example: fire protection,
police protection, health caire, schools, other)? if so, generally describe.
No more then what was required by Eagle Hardware and Lowes Hardware
Bulletin #050 —January 1, 2011
Page 15 of 18 k:ld-landantslEnviranntental Checklist
b. Proposed measures to reduce or control direct impacts on public services, if any.
None
16. UTILITIES
a. Circle utilities currently available at the site:
electricity, natural gas, water, refuse service, telephone, sanitary sewer, septic system, other
(please list)
b. Describe the utilities that are proposed for the proiect, the utility providing the service, and the
general construction activities on the site or in the immediate vicinity Which might be needed.
Water and sewer from Lakehaven. Power and natural gas from Puget Sound Energy,
C. SIGNATURE
The above Answers are true and complete to the best of my knowledge. I understand that the lead agency is
relying on t}rein to make its decision.
SIGNATURE: 0am J90j, �nwL
DATE SUBMITTED: Jan���
ci� <:( VVY
Bulletin #050—January 1 2011 Page 16 of 18
k:1lfandoats%Envirnr}rnentat Checklist
D. SUPPLEMENTAL SHEET FOR NON -PROJECT ACTIONS
Because these questions are very general, it may be helpful to read them in conjunction with the list of the
elements of the environment.
When answering these questions, be aware of the proposal, of the types of activities likely to result from
and
the proposal, . if they are likely to affect the item at a
Proposal were not implemented, Respond briefly and in genaetral teer trmslty or at a faster rate than if the
1 • How would the proposal be likely to increase discharge to water; emissions to air, production, storage,
or release of toxic or hazardous substances; or production of noise?
N/A
Proposed measures to avoid or reduce such increases:
None
2. How would the proposal be likely to affect plants, animals, fish, or marine life?
None.
Proposed measures to protect or conserve plants, animals, fish, or marine life:
None
3. How would the proposal be likely to deplete energy of natural resources?
needed. It will help save natural resources by providing short term lease vehicles so people only use the service when
Proposed measures to protect or conserve energy and natural resources:
Meet energy codes
Bulletin #050 —January 1, 2011
Page 17 of 18 k:\Handouts\Environmental Checklist
4. How would the proposal be likely to use or affect environmentally critical areas or areas designated eligible or under study} for governmental protection; such as parks, wilderness, wild and scenic a{or
threatened or endangered species habitat, historic or cultural sites, wetlands, ss, willains, scenic
rime
farmlands? '
P
No impact is anticipated
Proposed measures to protect such resources or to avoid or reduce impacts:
None
5. How would the proposal be likely to affect land and shoreline use, including whether it would all
or encourage land or shoreline uses incompatible with existing plans. °w
It will not effect the urban environment
Proposed measures to avoid or reduce shoreline and land use impacts:
None
6. How would the proposal be likely to increase demands on transportation or public service and
utilities?
It will not add any more impacts then Eagle Hardware or Lowes Hardware.
Proposed measures to reduce of respond to such demands:
None
7. Identify, if Possible, whether the proposal may conflict with local, state, or federal laws or
requirements for the protection of the environment.
Project meets City of Federal way code and zoning.
Bulletin #050 —January 1, 2011
Page 18 of 18 k:li-IandoulslEnvironmenta! Checklist
-� Federal Way
MEMORANDUM
DATE: April 17, 2012
TO: Becky Chapin
FROM: Sarady Long_
SUBJECT: U-HAUL FEDERAL WAY -
35205 ENCHANTED pKWY S 101022-00-UP)
Public Works Department
The public Works Traffic Division has reviewed the submitted material and has y
comments:
s the following technical
1• Revise submit plans to depict right -of --way dedication on S 352"d Street and SR 1
"X" for future road extension project. Please see Enclosed right-of-way plan for
61 set aside as tract
extension project' South 352"d Street
erry of
Federal
April 4, 2012
L E
CITY HALL
Way 33325 8th Avenue South
Federal Way, WA 98003-6325
{253j 835-7o0a
www. CiWffed&.?Avay. com
David Pollock
U-HauI International / Amerco Real Estate Co
2727 North Central Avenue
Phoenix, AZ 85004
RE: File #12-101022-00-UP; INCOMPLETE AIPPLICATTON
U-Haul Federal Way, 352Q5 Enchanted pkwy South, Federal Way
Dear Mr. Pollock:
The Department of Community and Economic Development is in the process of reviewing information o
submitted an March b, 20I2, for the proposal to redevelop an existing 117,433 square foot buildingwith a
storage center at the above -referenced site. The project is being reviewed under the provisions of Feder 1 u
Revised Code �. self-
(FWRC) 19.65.010, Process 1II Review — Project Ate'
Environmental Policy.4ct (SEPA), Approval,,, in addition to the State
INCOMPLETE APPLICATION
During the course of the City's review, the following items were found to be missing or incomplete. In order
for your application to be considered complete and ready for�processing, the items below must be Provided.
■ As stated in the preapplication conference summary letter, a parking analysis is required. p ded.
Parking for the proposed self -storage center is determined on a case -by -case basis. lease Submits
Parking analysis/study.
ftELfAUNARY TECHMCAL COMMENTS
In reviewing the application for completeness we also noted the following technical comments. These
provided at this time to expedite the review process. are
1• Landscape Plan —The following comments are based on review of plan pages L-1 and L-2:
(a) Landscape plans must be prepared and stamped by a Washington State licensed landscape
architect, FWRC 19.125.030(2),
(b) PerFWRC 19.125.060(9), Type III perimeter landscaping a minimum of five feet in width
consisting of trees, large shrubs, and ground cover is required along all perimeter lot lines
landscape plan must meet the requirements of FWRC . The I9.I25.035, Landscape and irrigation
Plan submittal requirements. Please depict the following information on the landscape plan:
i. All existing and proposed Iandscape areas showing existing trees and/or veetation to
g
be retained and vegetation to be removed and proposed plants to be installed. The
area of all existing and proposed landscaping shall be calculated and shown on the
plan; and
Mr. Pollock
April 4, 2012
Page 2
ii. A plant schedule containing the botanical and common names O f e new plant
spacing for that
material, existing plant material proposed to be retained, typical p special
species, the planting size of the material, the quantity of each plant and any p
planting instructions.
stated that per FVJRC 19.125A40(27), pi
ng
in
(c) In the preapplication summary letter it was g
is not required along interior lot lines within a development where parking is �Q�n�ared.
agreement
However, since that letter was issued, the reciprocal parking
Recording # 2006080400865) has been released per the recorded
corded Easem0003 ents
dovenants, r
Conditions, and. Restrictions (King County Recording
landscaping is now required along the west property
line.
be
ested
Per FVJRC 19.125.100, a modification to thucurristances, The city has reviewed andscaping requirements the ucurrent
or
specific requirements in unique or special
conditions of the site and due to the existingit s, modification t the proposed landscaping
the
new Lowe's and the proposed U-Hauls ' along the west interior property line.
approved. No further landscaping will be required
(d) Twenty squ
are feet of interior lot landscaping, per parking space (not including
truck/equipment shunting area aes },The square footage of intt be provided in erior
lot landdance with scaping must be
19.125.070, Parking Lot Landscaping.
listed on the landscape plans, and the interior landscape areas used for this calculation must be
identified on the plan.
project narrative
2. Garbage & Recycling — No facilities for garW lglae r laced ine� building eand containers will be
indicates that trash and recycling containers P
rolled out for pick-up and immediately rolled obbact ui . PPl she � ingr� d egress f Se viice veh cles,
located inside the building and provide an un
ss an
directly in line with where the containers will be located for pick-up.
Additional comments from City staff will be forwarded at a later date. green resubmittal
Please provide six copies of any plans, and four copies of any reports, in addition to the
ete.application section of this
form. After receipt of the requested information noted in thel cation is considered complete or what, f any, e
department will notify you within 14 days whether your app
information is still needed. The review clock for processing your formal application will not begin until all
items are submitted. questions. I
Please call me at 253-835-2641, or email rebecca.chapin@cityoffederalway.com, if you have any q
look forward to working with you.
Sincerely,
Becky Chapin
Assistant Planner
enc: Resubmittal Form
Doc LD, 60693
12-101022
CITY OF FEDERAL WAY
DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES
DEVELOPMENT REVIEW COMMITTEE TRANSMITTAL
DATE: March 12, 2012
TO: Ann Dower, Senior Engineering Plans Reviewer
-Development Services
-Traffic
Scott Sproul, Plans Examiner
Brian Asbury, Lakehaven Utility District
Chris Ingham, South King Fire & Rescue
FROM: Becky Chapin
FOR DRC MTG. ON: Internal Completeness Review March 22, 2012
FILE NUMBER(s): 12-101022-00-UP, 12-101023-00-SE
RELATED FILE NOS.: 11-103472-00-PC
PROJECT NAME: U-HAUL FEDERAL WAY
PROJECT ADDRESS: 35205 Enchanted Pkwy South
ZONING DISTRICT: Commercial Enterprise (CE)
PROJECT DESCRIPTION: Land use review for proposed change of use to existing
building from warehouse retail to self -storage
facility.
LAND USE PERMITS: Process III `Project Approval', SEPA
PROJECT CONTACT: U-HAUL INTERNATIONAL / AMERCO REAL ESTATE CO
DAVID POLLOCK
2727 N CENTRAL AVE
MATERIALS SUBMITTED: Project Narrative
CPTED
Hazardous Materials Inventory Statement
Title Report
Environmental Checklist
Plans Set
U�HAULM ��
AMERCO Real Estate Co.
U-HAUL INTERNATIONAL 412727 N. CENTRAL AVE. • PHOENIX, AZ 85004 ■ (602) 263-6502 • FAX NO. (602) 277-1026
February 27, 2012 REcEIVEL j
To: Ms. Rebecca Chapin, MAR 0 6 2012
Department of Community Development Services CiN QF FEDERAp . WAY
City of Federal Way, 33325 8h Ave. South CDS
Federal Way, Wa. 98063
Re: File #11-103472-00; Master Land Use Application — Process III
U-Haul Federal Way, 35205 Enchanted Pkwy South, Federal Way
Dear Ms. Chapin;
U-Haul International / Amerco Real Estate Company has completed the Master Land Use application
and we are scheduled for a Use Process III Intake Appointment with a Development Specialist on
March 6, 2012 at 8:30 AM.
Project Description & Response to Staff Comments;
U-Haul's Development plan is to perform a Re -development of an existing 117,433 square -foot
building that will change the use from a home improvement warehouse building to a self service
storage center. This U-Haul center will provide climate controlled self storage internal locker
systems, exterior mini storage units, warehouse storage, truck / trailer equipment rental, towing
equipment sales and installation, as well as retail sales of moving supplies. The existing parking
lot with existing landscaping will be modified to accommodate the rental equipment staging and
shunting area.
Building improvements for this development shall be performed under a two (2) phase process. Phase
1 consists of an interior Non -Structural Tenant Improvements where metal wall framing will create
future center spaces, upgraded plumbing and lighting,re-use of the existing HVAC systems, minor fire
sprinkler systems repair / adjustments and a updated fire alarm & building security system. be submitted to the Federal Way Building Division which have been prepared and designed inans shall
accordance with all required codes as provided by Mr. Scott Sproul.
Incorporated with our Master Land submittal is included a Life Safety and Exiting plan that details the
travel distances to exists per IBC section 1016.1. The plan also indicates that the showroom is provided
with 2 exits as required and that any exit required shall not be blocked.
Referring to Sheet T-0 provides the code criteria for accessible self storage & Sheets A-1 graphically
indicates which storage lockers shall be accessible per IBC section 1108.3
-1-
Phase 2 is planned to incorporate the Engineered Structural improvements which include the 3 Outside
Buildings, the wall openings into the D/R bay, the masonry work which will include raising the south
building side parapet wall 30" creating the required 3 hour separation and removing the existing
overhead door and replacing with solid masonry, creating a 3 hour rated assembly.
On September 27, 2011, we received your summary comment letter that addressed our project based on
the plans and information submitted for the preapplication review. Below is a reply to those comments.
Our current submittal is following the Planning Division requirements to use the Process III Master
Land Use application with an environmental checklist ("SEPA") since we are changing the Use. Also,
we have incorporated a pedestrian access to the building, circulation throughout the parking area and
provided connection to the public sidewalks. Refer to Site plan Sheet No SP-1
Public Works Development Services Division has advised us that no drainage revisions are required
with this proposal.
Public Works Traffic Division has advised us that based upon their review, this project will not
generate any new trips and as such a concurrency will not be required. We have provided a truck
turning path for the driveway located on South 352nd Street. Refer to attached Site Plan, Sheet SP-1.
Wellhead Protection Zone — Since this site is within a 5-year and 10-year wellhead protection zone.
We have prepared and are submitting a Hazardous Material Inventory Statement for Critical Aquifer
Recharge & Wellhead Protection Areas.
Key Development Regulations — Our Site Plan, refer to Sheet SP-1 as submitted, addresses the
setback requirements for self service storage uses. Since the property line abutting 352nd Street is now
considered the front property line for this site. We are required to provide a minimum 20 foot setback.
Our front building setback as noted on our submitted plans is noted as 57'-7". The required side and
rear yard setbacks are 15 feet and our submitted site plan indicates a minimum 20 feet.
Building Heights - allowed for this development is 40 feet above average building elevation to 55 feet
with approval from the Community Development Director. Our re -use development has no plans to
raise the existing building elevations which are currently 24 feet above average grade, with the
exception of the building division requiring the existing south wall parapet raised 30 inches to meet the
required 3 hour rated wall separation. Total building height of the south wall shall be 27' above
finished average grade.
Parking — Refer to Sheet SP-1 for the Site Development parking analysis which remains consistent
with parking requirements as agreed during our initial development meeting.
Community Design Guidelines; Our Site Plan, refer to Sheet SP-1 as submitted, provides the required
Pedestrian pathway which is a minimum six (6) feet wide. This pedestrian pathway has been delineated
by using a variation in the paved texture and color. Pedestrian connections are also provided between
properties which establishes pedestrian links to the adjacent building, parking and public right-of-ways.
The parking lot remains broken up into rows containing no more than 10 adjacent stalls, separated by
planting areas.
-2-
Crime Prevention (CPTCED) — U-Haul's corporate security policy is implemented at each and every
center around the United States and throughout Canada. This policy is to be established immediately
upon development acquisition with NO exceptions. U-Haul takes it very serious about protecting each
and every employee, all customers and also the property we have purchased. These systems shall
eliminate any blind corners, improve the site and building layout, provide a comfort at site open spaces
and provide safe methods at all entrances and exits.
Landscaping — Preliminary Landscape plans have been prepared and meet the Perimeter Landscape
Buffer, Interior Parking Lot Landscaping and Parking Area Screening requirements. Currently, all the
existing perimeter, parking lot and parking area landscaping shall remain. The existing landscaping
shall only be removed the area where we have planned to stage our rental equipment. Landscape
mitigation to meet the required "Tree Units" shall be planted along the western side of the property.
Within the CE zoning along with the size of our lot, we are required to provide 118 tree units. The
existing trees that are to remain equal 102.5 Tree Units. After mitigating the trees that where existing
from the proposed equipment staging area to the west side of the lot or (16 Tree Units). We now
provide a total of 118.50 Tree Units
Garbage & Recycling — U-Haul's policy for garbage and recycling is as follows;
1. Trash Container shall not be placed on the outside of the facility. Center operations shall
coordinate with the trash removal company and roll out and immediately roll back in the
container after pickup. This avoids unnecessary trash and debris and eliminates the need
for an enclosure
2. Recycling containers are also place indoors and follow a similar program with the one
exception. U-Haul Storage Centers provides an area within the building that customers
can place furniture or fixtures they do not want and any other customer has the opportunity
to take these recycle good.
Lakehaven Utility District — Communication and documents have been shared with U-Haul and
Brian Asbury from Lakehaven Utility District. Existing Fire Hydrant relocation, Water Use
Questionnaire, Sewer Survey, Concurrency & Capital Improvements have been addressed and
awaiting official notification.
Closing
This letter reflects our responses to the majority of the information provided from the pre -application
meeting. The remainder of our responses has been incorporated into the submitted Master Land
Use plans provided. We look forward to your review and approvals
rdi y,
David llock, Principal Planner / Staff Architect
U-Haul International, Phoenix Az 85004
602 263-6502
-3-
44k
CITY OF
Federal Way
DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES
33325 8`" Avenue South
C PO Box 9718
RECEI V Lf,) Federal Way WA 98063-9718
253-835-2607; Fax 253-835-2609
MAR 0 6 2012 www.cityoffederalway.com
rom
,�T —r' OF FE®EML WAY
CDS
HAZARDOUS MATERIALS INVENTORY STATEMENT
CRITICAL AQUIFER RECHARGE AND WELLHEAD
PROTECTION AREAS
I. WHY SHOULD THIS INVENTORY STATEMENT BE FILLED OUT?
Critical Aquifer Recharge (CARAs) and Wellhead Protection Areas (WIPAs) are considered
"critical areas" pursuant to Federal Way Revised Code (FWCC), Title 14, `Environmental Policy."
This inventory statement must be filled out by the applicant or agent for any proposed activity listed
in Section II of this handout, and which are located within Wellhead Capture Zones 1, 5, and 10 as
shown on the Critical Aquifer Recharge and Wellhead Protection Areas Maps. Please refer to the
handout on Critical Aquifer Recharge and Wellhead Protection Areas for a description of the review
process.
II. ACTIVITIES GOVERNED BY CARA AND WHPA REGULATIONS
The inventory statement must be filled out for the following activities:
• Construction of any residential structure, including single-family development
• Construction of any barn or other agricultural structure
■ Construction of any office, school, commercial, recreational, service, or storage building_
■ Construction of a parking lot of any size
■ Other minor new construction (see WAC 197-11-800[2])
• Additions or modifications to or replacement of any building or facility (does not include
tenant improvements)
■ Demolition of any structure
■ Any landfill or excavation
■ Installation of underground tanks
• Any division of land, including short plats
■ Change of use, which involves repair, remodeling, and maintenance activities
■ Dredging
• Reconstruction/maintenance of groins and similar shoreline protection structures
• Replacement of utility cables that must be buried under the surface of the bedlands
■ Repair/rebuilding of major dams, dikes, and reservoirs
• Installation or construction of any utility, except for on -going operation and maintenance
activities of public wells by public water providers
• Personal wireless service facilities
'3)AN
L--
Project Name Applicant NM -Q.t' t'
Project Location Tracking No.
4►I
III. TYPES AND QUANTITIES OF ITAZARDOI�TERIALS
Please provide the approximate quantity of the types of hazardous materials or deleterious substances
that will be stored, handled, treated, used, produced, recycled, or disposed of in connection with the
proposed activity. If no hazardous materials will be involved, please proceed to Section IV.
MATERIAL
LIQUID ( allons)
SOLID(pounds)
(1) Acid or basic solutions or solids
(2) Antifreeze or coolants
(3) Bleaches, peroxides, detergents, surfactants,
disinfectants, bactericides, algaecides
(4) Brake, transmission, hydraulic fluids
(5) Brine solutions
(6) Corrosion or rust prevention solutions
(7) Cutting fluids
(8) Deicing materials
(9) Dry cleaning or cleaning solvents
(10) Electroplating or metal finishing solutions
(11) Engraving or etching solutions
(12) Explosives
(13) Fertilizers
(14) Food or animal processing wastes
(15) Formaldehyde
(16) Fuels, additives, oils, greases
(17) Glues, adhesives, or resins
(18) Inks, printing, or photocopying chemicals
(19) Laboratory chemicals, reagents or standards
(20) Medical, hospital, pharmaceutical, dental, or
vet fluids or wastes
(21) Metals (hazardous e.g. arsenic, copper,
chromium, lead, mercury, silver, etc.)
(22) Paints, pigments, dyes, stains, varnish, sealers.
(23) Pesticides, herbicides or poisons
(24) Plastic resins, plasticizers, or catalysts
(25) Photo development chemicals
(26) Radioactive sources
(27) Refrigerants, cooling water (contact)
(28) Sludges, still bottoms
(29) Solvents, thinners, paint removers or strippers
(30) Tanning (leather) chemicals
(31) Transformer, capacitor oils/fluids, PCB's
(32) Waste oil
(33) Wood preservatives
(34) List OTHER hazardous materials or deleterious
substances on a separate sheet.
Bulletin #056 — April 10, 2009 Page 2 of 3 k:\Handouts\Hazardous Materials Inventory Statement
Project Name Applicant S�M&x%
Project Location S r= Tracking No.
IV. FURTHER INFORMATION �[
Provide the approximate quantity of fill and source of fill to be imported to the site.
Approxhnate anti of Imported Fill Source of Fill
Check box #1 if you do not plan to store, handle, treat, use, produce, recycle, or dispose of any of the
types and quantities of hazardous material or deleterious substance listed in Section III. Check box(s) #2
through #5 (and fill in appropriate blanks) of the below table if they apply to your facility or activity.
#1
The proposed development will not store, handle, treat, use, produce, recycle, or dispose of any of
the types and quantities of hazardous materials or deleterious substances listed above.
#2 [ ]
Above ground storage tanks, having a capacity of gallons will be installed.
#3 [ ]
Construction vehicles will be refueled on site.
Storage within wholesale and retail facilities of hazardous materials, or other deleterious
#4 [ ]
substances, will be for sale in original containers with a capacity of _ gallons liquid or
_mounds solid.
The presence of chemical substances on this parcel is/will be for "temporary" non -routine
#5 [ ]
maintenance or repair of the facility (such as paints and paint thinners) and are in individual
containers with a capacity of _ gallons liquid or _pounds solid.
Check any of the following items that currently exist or are proposed in connection with the
development of the site.
#1
Stormwater infiltration system (e.g., french drain, dry well, stormwater swale, etc.)
#2
]
Hydraulic lifts or elevator, chemical systems, or other machinery that uses hazardous materials
#3 [ ]
Cathodic protection wells
#4 [ ]
Water wells, monitoring wells, resource protection wells, piezometers
#5 [ ]
Leak detection devices, training for employees for use of hazardous materials, self-contained
machinery, etc.
SIGNATURE
Llr
Signature
Print Name
Ifyou have any questions about filling out this application form, please call the Department of Community
Development Services at 253-835-2607. Please be advised that an application for a development permit
lacking the required information will not be accepted.
Bulletin #056 — April 10, 2009 Pagel of 3 k:\Iiandouts\Hazardous Materials Inventory Statement
41k
FederalOF
Way
DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES
33325 8`h Avenue South
PO Box 9718
Federal Way WA 98063-9718
253-835-2607;Fax 253-835-2609
.cit offcdcrahva .cam
RCCET� f
LIAR 0 6 2012
_- WAY
Crime Prevention Through Environmental Design
(CPTED) Checklist Instructions
This checklist is designed to assist the project proponent in demonstrating how CPTED principles have
been met. This goal can also be met by submitting a written explanation as to how each of the three design
principles of Natural Surveillance, Access Control, and Ownership has been met.
The checklist has been prepared to provide guidance and assistance in regard to the integration of CPTED
principles into proposed project designs. The purpose of the checklist is to assist a project proponent in
identifying and incorporating design strategies that implement the CPTED principles identified in Federal
Way Revised Code (FWRC) 19.115.010.
CPTED principles, performance standards, and strategies are used during project development review to
identify and incorporate design features, which reduce opportunities for criminal activity to occur. The
effectiveness of CPTED is based on the fact that criminals make rational choices about their targets. In
general:
(1) The greater the risk of being seen, challenged, or caught; the less likely they are to commit
a crime.
(2) The greater the effort required, the less likely they are to commit a crime.
(3) The lesser the actual or perceived rewards, the less likely they are to commit a crime.
Through use of CPTED principles, the built environment can be designed and managed to ensure:
(1) There is more chance of being seen, challenged, or caught;
(2) Greater effort is required;
(3) The actual or perceived rewards are less; and
(4) Opportunities for criminal activity are minimized.
CPTED 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 public 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 therefore available for undesirable uses.
Bulletin #021 — April 8, 2009 Page 1 of 2 k:\Handout \CPTED Instructions
How to Use This Checklist
This checklist has been prepared to assist in identifying appropriate strategies to incorporate CPTED
design principles into proposed projects in Federal Way. The guidelines included in this checklist expand
on the principles found in FWRC 19.115.010.
It is recommended that the principles be reviewed initially to identify the approaches used to implement
CPTED. 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 CPTED principles may be addressed through: strategies that are not listed.
Checklist Design
The checklist has been organized in the following manner:
Functional Area
Specfedesign element
addressed by CPTED_ principles
Section and
.f
FuactioaalArea
Evaluation
Performance
Performance Standard
for Agency
Performance Standard
Standard
Use Only
What is the desired outcome of
Strategy
applyorg CPTED principles to
this functional area
A Applkabk during Site Plaa Rcvicw
9 Apptiabk dutiag Buildin; Pcanit Review
Strategy
Seca IM Natural Surveillance
Technique which can be used
to implement CPTED principles
!•I Blind Corners
Conforms
Check Box
Avoid blind corners in pathways and parking lots.
Rcvise
Indicate by checking this box if
this stmtegr has been used in the
�NA
C oauncrlts.
proposed project
Strategy Write-in
Pathways should be direct. All barriers along
This section can be used to write
pathways- should be permeable (see through)
in a strategy which is not
includin landscaping, feming etc. ■
specifically listed but is
Consider the installation of mirrors to allow users to
employed in the project
see ahead of them and around corners —a
❑ Othecsttate
Process Applicability
Indicates when in the review
process the identifeed guideline
should be assessed
Site Plan and Building Permit Review
Certain guidelines and techniques are best applied during different points in the review process. To assist
in 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 "e" symbol.
Bulletin #021 — April 8, 2009 Page 2 of 2 k:\Handout \CPTED Instructions
CITY OF A
Federal Way
DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES
33325 8th Avenue South
PO Box 9718
Federal Way WA 98063-9718
253-835-2607;Fax 253-835.-2609
'.vww. c i t voff edeM1 v •ay.com
Crime Prevention Through Environmental
Design (CPTED) Checklist
Directions
Please fill out the checklist to indicate which strategies have been used to implement CPTED principles in
your proposed project. Please check all strategies that are applicable to your project for each of the
numbered guidelines. You may check more than one strategy for each guideline.
Your responses will be evaluated by City Staff, and will be integrated into the Site Plan and/or Building
Permit review process.
Section and Functional Area Evaluation for
Performance Performance Standard Agency Use Only
Standard
Strategy
■ Applicable dvrin- Site Plan Review
® Applicable dtrrin;BoiIding Permit Review
Section 1.0 Natural Surveillance
1.1 Blind Corners Conforms
Avoid blind corners in pathways and parking lots. Revise
NA
Comments -
1.2
Pathways should be direct. All barriers along pathways should
be permeable (see through) including landscaping, fencing etc.
10
❑ Consider the installation of mirrors to allow users to see ahead
of them and around comers. A
Other strategy used:
Site and Building Layout —Conforms
Allow natural observation from the street to the use, from the —Revise
use to the street, and between uses NA
Comments:
Bulletin #022 — April 10, 2009 Page 1 of 9 k:\Handouts\CPTED Checklist
Section and Y" Functional Area
Performance Performance Standard
Standard
Strategy
u Applicablc during Site VUn Review
B Applicable during Building Pernrit Review
El Orient the main entrance towards the street or both streets on
For Non -Single comers. ■
Family
Development
El Position habitable rooms with windows at the front of the
dwelling. ■
Access to dwellings or other uses above commercial/ retail
development should not be from the rear of the building. ■
Offset windows, doorways and balconies to allow for natural
observation while protecting privacy. ■
Locate main entrances/exits at the front of the site and in view
of the street. ■
For Commercial/
Retail/ Industrial , If employee entrances must be separated from the main
and Community /J entrance, they should maximize opportunities for natural
Facilities surveillance from the street. ■
❑ In industrial developments, administration/offices should be
located at the front of the building. ■
Avoid large expanses of parking. Where large expanses of
For Surface �parking are proposed, provide surveillance such as security
Parking and cameras. ■
Parking
Structures Access to elevators, stairwells and pedestrian pathways should
Access
clearly visible from an adjacent parking area. ■
Avoid hidden recesses. M
vy( Locate parking areas in locations that can be observed by
W adjoining uses. ■
Open spaces shall be clearly designated and situated at
For Common/ locations that are easily observed by people. Parks, plazas,
Open Space ❑ common areas, and playgrounds should be placed in the front
Areas of buildings. Shopping centers and other similar uses should
face streets. 0
Other strategy used:
L�
Evaluation for
Agency Use Only
Bulletin #022 — April 10, 2009 Page 2 of 9 k:\Handouts\CPTED Checklist
Section and
✓ Functional Area
Performance
Performance Standard
Evaluation for
Standard
Agency Use Only
Strategy
■ Applicable during sicc Plan Review
f) Arypii-ble during Building Permit
1.3
R,,iawr
Cott1,Pen Space Areas and Public. On -Site Open
Spacee
__._ Conforms
Provide natural surveillance for common/open space areas.
DNA Revise
Comments:
Position active uses or habitable rooms with windows adjacent to main
commanlopen space areas, e.g. playgrounds,
swrmmiug Pools, etc., and public on -site open space. ■
Design and locate dumpster enclosures in a manner which
screens refuse containers but avoids providing opportunities to
hide. ■
Locate waiting areas and external entries to elevators/stairwells
❑ close to areas ofactive uses to make them visible from the
building entry. e
❑ Locate seating in areas of active uses.
Other strategy used:
LEI
1.4 Entrances
Provide entries that are clearly visible.
Design entrances to allow users to see into them before
►►��" entering. st
y/ Entrances should be clearly identified (Signs must conform to
FWRC I9.14U60. Exempt Signs. (Applicable during
Cer1i reate o �ccu anc his ectian .
Other strategy used:
❑■I
.Conforms
—Rer-ise
_NA
Continents:
1.5 Fencing
Fence design should maximize natural surveillance from the _ollf
Rev forms street to the building rind from the building to the street, and _Revise
minimize opportunities far intruders to hide. C
Comments:
Bulletin #022 — April 10, 2009
Page 3 of 9
k:WandoutslCPTED Checklist
Fvaluation for
section and
Functional :krea
Agency Use Only
Performance Standard
performance
Standard
Strategy
■ Applicable during Site Plan Rev'm
f3 Applicable (luring Building Permit Rt%'14.w
Front fences should be predominantly open in design, e.g.
❑ pickets or wrought iron, or low in height- e
Design high solid front fences in a manner that incorporates
the height of five feet-
❑ open elements to allow visibility above
9
if noise insulation is required, install double -glazing at the
fences higher than five
❑ front of the building rather than solid
feet: B
Other strategy used:
13
Conforms
�ltevise
1.6
Landscaping
landscaping which obstructs natural surveillance and
�NA
,ovoid
allows intruders to hide.
Comments:
IATrees with dense low growth foliage should be spaced or their
V Crown should be raised to avoid a continuous barrier. ■
se low groundcover, shrubs a minimum of 24 inches in
eight, or high -canopied trees (clean trimmed to a height of
eight feet) around children's play areas, parking areas, and
along pedestrian pathways. ■
Avoid vegetation that conceals the building entrance from the
street. ■
Other strategy used:
El
Conforms
1.7 Exterior Lightiing Revise
Provide exterior lighting that enhances natural surveillance. —Revise
(Refer to F I RC 19.115.050(7)(a) for specific lighting Corn menu:
requirements.)
Prepare a lighting plan in accordance with tIllum Illuminating
eh
(angineering Society of America (IESA)
ddresses project lighting in a comprehensive manner. Select a
lighting approach that is consistent with local conditions and
crime problems. ■
k_1 andouts%CPTED Checklist
Page 4 of 9
Bulletin #022 — April 10, 2009
Section and Functional Area
Performance Performaltce Standard Standard Evaluation For
Strategy Agency i7se Only
4 Applicant_ during Sit, Pars ltmiew
Appticahte durirrg l3uatding AerrQ Review
Locate elevated light fixtures {poles, fight standards, etc.
coordinated manner that provides the desired coverage. The a
urseful ground coverage of an elevated light fixture is roughly
twice its height. ■
For areas intended to be used at night, ensure that lighting
supports visibility. Where lighting is placed at a lower h support visibility for pedest
resistant. B rians, ensure that it is vandal -
eight to
VEnsure inset or modulated spaces on a building facade,
access/egress routes, and signage is well lit. e
In areas used by pedestrians, ensure that Iighting shines on
pedestrian pathways and possible entrapment spaces. G
Iace lighting to take into account vegetation, in its current and
mature form, as well as any other element that may have the
Potential for blocking light. E)
void lighting of areas giving a not intended for tughttirne use to avoid
false impression of use or safety. if danger spots are
usually vacant at night, avoid li
to pedestrians, 8 ghtre ing theand close them off
070
Select and light "safe routes" so tha
t these become the focus of
Iegitimate pedestrian activity after dark. ■
y Avoid climbing opportunities b
y locatin., t standards
electrical equipment away from walls or low buildings. d
Q Use photoelectric rather .than time switches for eVerior
lighting. e
In projects that will be used primarily by older people
(retirement homes, congregate care cofacilities, senior and/ or
community centers, etc.) provide facilities,
levels of brightness in
publicicammon areas.
13
Other strategy used;
1.8 Mix of Uses
In mixed use buildings increase opportunities for natural Corifortrrs
surveillance, while protecting privacy. —Revise
__NA
Comments.
Bulletin ##022 — April 10, 2009
Page 5 of 9
k'\HandoutslCPTED hC ce klist
Evaluation for
Section and
,� Functional Area Agency Use Only
Performance Performance Standard
Standard Strategy
s r%pplicable during Sate Plan iteFiew
8 pppii�:nblc during F3uild'sng Pt'srnit itcviCw
Where allowed by city code, locate shops and businesses on
lower floors and residences on upper floors. In this way,
❑ residents can observe the businesesess after hoursing business
residences can be observed by
hours. ■
Include food kiosks, restaurants, etc. within parks and parking
❑ structures. ■
Other strategy: used
E
Conforms
I'9
Security Bars, shutters, and Doors
by building and f re codes, security
— Revise
�NA
When used and permitted
bars, shutters. and doors should allow observation of the street
style of the building.
—: r4 eats:
and be consistent with the architectural
Security bars and security doors should be visually permeable
❑ (see -through). B
Other strategy used:
Evaluation for
f Functional Area
Agency Use Only
Section and
Performance Standard
Performance
Standard
Strategy
■ Applicable during site Plan Review
Permit Review
e Applicable during Building
Section ?.f1
Acce95 Control
Conforms
2.1
Building Identification
Ensure buildings are clearly identtfted by street tryingnumbtoornd
trying f
_Revise
DNA
prevent unintended access and to assist persons
conform to EWRC
Conuneuts:
the building. Identification signs must
19.140.060. Exempt Signs.
visible and legible from they
should be plainly--
_
Street numbers
fronting the property. a
street or road
k:11'lan�TED Checklist
Bulletin #022 — April 10, 2009 Page 6 of 9
Section and ✓ Functional Area
Performance Performance Standard Evaluation for
Standard Agency Use Only
2.2
2.3
Strategy
■ Applicable during Site Plan Review
9 Applicable during Building Permit Review
In residential uses, each individual unit should be clearly
numbered. In multiple building complexes, each building entry
❑ should clearly state the unit numbers accessed from than entry.
In addition, unit numbers should be provided on each level or
floor. e
❑ Street numbers should be made of durable materials, preferably
reflective or luminous, and unobstructed (e.g. by foliage). e
VdFor larger projects, provide location maps (fixed plaque
format) and directional signage at public entry points and along
internal public routes of travel. e
0
Other strategy used;
Entrances
Avoid confusion in locating building entrances.
Entrances should be easily recognizable through design
features and directional signage. (Signs must conform to
FWRC 19.140.060. Exempt Signs. ■
W/Minirnize the number of entry points. a
U
Other strategy used:
Landscaping
Use vegetation as barriers to deter unauthorized access.
Vconsider using thorny plants as an effective ba
rrier. 6
11 Other strategy used:
2.4 Landscaping Location
Avoid placement of vegetation that would enable access to a
building or to neighboring buildings.
Bulletin #022 — April 10, 2009
Page 7 of 9
-Conforms
_Revise
_NA
Continents:
Conforms
_ Revise
—NA
Comments -
,Conforms
Revise
�NA
Comments:
k:\Handouts\CPTED Checklist
Evaluation for
Section and J Functional Area Agency Use ()DIY
Performance Performance Standard
Standard Strategy
■ Applicable dur'sng Site Plan review
E Applicable during 6itildi�tg permit Review -
Avoid placement of large trees, garages, utility structures,
fences, and gutters next to second story windows or balconies
that could provide a means of access. ■
other strategy used:
�_j
Confos
2.5 Security — rmRevise
Reduce opportunities for unauthorized access �N A
Conunents:
�Consider the use of security hardware and/or human measures
to reduce opportunities for unautl►orixed access. (applicable
during Certi cote o occu an Ins ection .
other strategy used:
Conforms
2.6
Signage to read and simple _._Kevfse
Insure that signage is clearly visible, easy N A
to EWRC I9.14p add
to understand [Signs must conform Comments -
Exempt Signs].
�Usetrong colors, standard symbols, and simple graphics for
informational signs. 6
Upon entering the parking area, provide both pedestrians and
of the direction to stairs,
drivers with a clear understanding
For Surface
elevators, and exits -
Parking and
Parking
Structures
a to distinguish
In multi -level parking areas, use creative signage
o to easily locate their cars- 9
between floors to enable users f
Advise users of security measures that are in place and where
13 to find them, i.e. security phone or intercom system. B
Provide signage in the parking area advising users to lock their
13 cars.6
Bulletin #022 - Apri110, 2009
Page 8 of 9 k:lHandautslCPTEU Checklist
Section and f Functional Area Evaluation for
Performance Performance Standard Agency Use Only
Standard
Strategy
■ Applicable during Site Plan Review
8 Applicable during Building Permit Review
Where exits are closed after hours, ensure this information is
indicated at the parking area entrance. e
Other strategy used:
Section 3.0 Ownership
3.1 Maintenance
Coufnrmm
Create a "cared for" image
—Revise
NA
Comments -
Ensure that landscaping is well maintained, as per FWRC
19.125.090, in order to give an impression of ownership, care,
and security. (Ongoing).
Where possible, design multi -unit residential uses such that no
❑ more than six to eight units share a common building entrance.
■
Other strategy used:
3.2 Materials
Conforms
Use materials, which reduce the opportunity for vandalism.
Revise
_NA
Comments:
Consider using strong, wear resistant laminate, impervious
glazed ceramics, treated masonry products, stainless steel
materials, anti -graffiti paints, and clear over sprays to reduce
opportunities for vandalism Avoid flat or porous finishes in
where graffiti is likely to be a problem. e
'areas
r� Where large walls are unavoidable, refer to FWRC
�P 19.125.040(21 ) regarding the use of vegetative screens. e
Common area and/or street furniture shall be made of long
❑ wearing vandal resistant materials and secured by sturdy
anchor points, or removed after hours. 6
Other strategy used: _
Bulletin #022 — April 10, 2009 Page 9 of 9 k:\Handouts\CPTED Checklist
d
CITY
Way
OF
MASTER Ltxi*;D USE
APPLICATION OF COMMUNITY DEVELOPMENT SERVICES
33325 8" Avenue South
MAK U 6 2VI Federal Way WAP 8063_-9718
CITY OF FEDERAL WAYz53-835-2607; Fax 253-835-2609
www.ci oifederalwav,com
APPLICATION NO(s) �� �� 0 V o� d — u
Project Name 11,
Property Address/Location
Parcel Nuinber(s)
Project Description
PL
r-EASE PRINT
�
Type 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/Proj ect
SEPA Only
Shoreline: Variance/Conditional Use
Short Subdivision
Subdivision
Variance:. Commercial/Residential
I. �EDER,o,I.
Required Information
Ff Zoning Designation
- Comprehensive Plan Designation
- Value of Existing Improvements
Value of Proposed Improvements
International Building Code (IBC):
.l
Occupancy Type
Construction Type
3ulletin #003 — August 18, 2004
CDS
� Date 3 (�
Applicant
Name: U4A4.11O&H d
Address: ' 1101 1,05
Address-
City/State.���r {{{y .��
Zip:
Phone:plj, .� y
Fax: U V Z ,
Email:
Signature: �,
Agent (if different than Applicant)
Name- >A V 1 ❑ P LI o ck—
Address: �
City/State: K/ ��+ i�41
Zip: ��
Phone:40I2,.3bo — 0S6 Ig-
Fwx:
Email: 4avi a 4b• xOGk e.agAhd 5ignatuPL§� is
Owner
Name: A"'t-^,tr C 1, ,t^` ��T+ri'TL CA
Address:
City/State: Ne
Zip:
Phone: l4D'Z-
Fax:
Email:
Signatur
Page I of 1
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201261 300(DOS'S0
Return Address:
Lowe's HIW, Inc.
1530 Faraday Avenue, Suite 140
Carlsbad, CA 92008
Attention: Legal Department
Document Title(s) (or transactions contained therein):
1. EASEMENTS, COVENANTS, CONDITIONS AND RESTRICTIONS
2.
Reference Number(s) of Documents assigned or released:
20060804000865
Grantor(s) (Last name first, then first name and initials):
1. LOWE'S HIW, INC. a Washington corporation
2. AMERCO REAL ESTATE COMPANY, a Nevada corporation
3. Additional names on page _ of document.
Grantee(s) (Last name first, then first name and initials):
1. AMERCO REAL ESTATE COMPANY, a Nevada corporation
2. LOWE'S HIW, INC. a Washington corporation
3. Additional names on page — of document.
Legal description (abbreviated: i.e. lot, block, plat or section, township, range)
292104 96 LOTS 1 & 2 OF FEDERAL WAY LLA #06-102635-00-SU REC
#2007-0130900008 SD LLA IN E 1/2 OF NE 1/4 OF NE 1/4 OF SEC 29-21-4
Full legal is on page 3 of document.
Assessor's Property Tax Parcel/Account Number
292104-9096-04 & 292104-9077
ECCR-Amerm Real Estate Federal Way, WA
EASEMENTS
COVENANTS, CONDITIONS AND RESTRICTIONS
BY AND BETWEEN
LowE's HIW, INc.
E
AMERCO REAL ESTATE COMPANY
LF-A
TABLE OF CONTENTS
ARTICLE I BASIC DEFINITIONS...................................................................................,........... 2
ARTICLE II EASEMENTS ................................................. 6
Section 2.1.
...................... .
Easements Definitions and Documentation: ................................................6
Section 2.2.
Easements for Use of Common Area............................................................. 7
Section 2.3.
Easements for Utility Facilities
Section2.4.
......................................................................... 10
Drainage
.......................................................................................................... 13
Section 2.5.
Construction Easements.......................................................... 14
Section2.6.
...............
Indemnification
Section 2.7.
................................................................................................. 15
Intentionally Deleted
Section 2.8.
...........................................................
Cure Right Easements
................................. ............ ....................................... ... 15
ARTICLE III
USE RESTRICTIONS
Section 3.1.
.......................................................................... 16
Permitted Uses
Section 3.2.
................. 16
Nuisances
Section 3.3.
.........................................................................................................
16
Use Restrictions
Section 3.4.
..........................:.....................................................................
.................................................................... 16
Exclusive Use Restriction for the Benefit of the Lowe's Parcel
...................... 17
Section 3.5.
Proprietary Rights of Lowe's............................................................................
18
ARTICLE IV GENERAL CONSTRUCTION & DEVELOPMENT
Section 4.1.
.......................................... 19
.
Development Parameters
Section 4.2.
.................................
Building Design................................................................................................ 19
Section4.3.
Signage......................................................................
Section 4.4.
....................................... 23
Outparcel Development
Section 4.5.
......................................� 24
Performance of Construction Work Generally
Section 4.6.
......
Compliance in Construction
Section 4.7.
............................................................................ 26
.
Construction Insurance
Section 4.8.
... ----............26
Damage and Destruction............
Section 4.9.
.......................................................................
........................................... 29
Eminent Domain:
............................................................................................. 29
ARTICLE V MAINTENANCE, TAXES AND INSURANCE
Section 5.1.
.............................................. 30
..........................
Maintenance
Section 5.2.
..................
.. ................................................................... 30
Maintenance Director
Section 5.3.
...................30
Failure in Performing Maintenance Responsibilities ............................. . 30
...........
Section 5.4.
Taxes
Section5.5.
...................................................................................... .......... 30
Insurance
Section 5.6.
............................................................................................ .........31
Failure to Carry Insurance
Section 5.7.
.....................................................................
Cross Indemnity
.............................................................................. 33
Section 5.8.
Waiver of Subrogation...................................................................................... 33
ARTICLE VI DEFAULT, REMEDIES....................................................................................... 34
Section6.1.
Default
Section 6.2.
.......................................................................................... 34
Remedies for all Owners
Section 6.3.
............................ 34
Right to Cure
Section6.4.
................................................................................................
Liens
................................................................................... ........................ 35
ECCR-Amuw Real Estate Federal Way, WA
Section 6.5.
Cumulative Remedies
Section 6.6.
.................. ..................................................................... 36
No Waiver
Section 6.7.
.................................................................................. 36
No Termination for Breach............
Section 6.8.
... 36
Limitation of Liability
Section 6.9.
.......................................................................................
Attorneys Fees........................................................................................ 36
ARTICLE VII MISCELLANEOUS
Section 7.1.
............................................................................................. 37
Estoppel Certificates
Section 7.2.
...............................
Term and Perpetuity.......................................................................................... 37
Section 7.3.
Entire Agreement.................................................................................. 37
Section7.4.
Amendment
Section 7.5.
............................................................................................
Transfer of Interests; Notices
Section 7.6.
............................................................................ 38
Ground Lessee Assignment
Section 7.7.
.................................... .......................................... 39
No Covenant to Continuously Operate
Section 7.8.
...................
Severability................................................................................. 39
Section 7.9.
No Public Dedication.......... ...
Section 7.10.
......................................................................... 40
Counterparts .............................
Section 7.11.
.................................................................... 40
Relationship of the Parties ............
Section 7.12.
Construction of Documents.......... 40
Section 7.13.
.................................................................... 40
Governing Law
Section 7.14.
................................................................................................. 41
Waiver of Jury Trial
Section 7.15.
........................................................................................ 41
Non -Merger
Section 7.16.
................................
Headings........................................................................................................... 41
.............................................................. 41
EXHIBITS
Schedule I
Schedule II
Exhibits A-1, A-2, A-3
Legal Description Lowe's Parcel
Legal Description Developer Parcel
Site Plan
ii
0
EASEMENTS
COVENANTS, CONDITIONS AND RESTRICTIONS
THESE EASEMENTS, COVENANTS, CONDITIONS AND RESTRICTIONS
(hereinafter referred to as this "ECCR'), are made and entered into as of the date of the last
execution hereof, which date is the day of January, 2012, by and between AMERCO
REAL ESTATE COMPANY, a Nevada corporation ("Developer") and LOWE'S HIW, INC., a
Washington corporation ("Lowe's") (the foregoing parties hereinafter collectively referred to as
the "Parties").
RECITALS:
WHEREAS, Lowe's is the owner of that certain tract of real property consisting of
approximately 11.061 acres located in the City of Federal Way, King County, State of
Washington as more particularly described on Schedule I attached hereto and made a part hereof
for all purposes (the "Lowe's Parcel"); and
WHEREAS, Developer is the owner of a certain tract of real property consisting of
approximately 5.889 acres located in the City of Federal Way, King County, State of
Washington, located contiguous with and adjacent to the Lowe's Property, which is more
particularly described in Schedule II attached hereto and made a part hereof for all purposes (the
"Developer Parcel"); and
WHEREAS, both the Lowe's Parcel and the Developer Parcel (collectively, the
"Shopping Center") are further designated on the site plan of the overall shopping center
development, attached hereto and made a part hereof as Exhibit A-1 (the "Site Plan") and
WHEREAS, the Shopping Center was previously encumbered by that certain Reciprocal
Access and Parking Easement Agreement recorded against the Lowe's Parcel and the Developer
Parcel in the King County Official Records on August 4, 2006 as Document Number
20060804000865 (the "REA") which, by this ECCR, is hereby replaced and superceded in all
respects, and as of the date of recordation of this ECCR, shall be of no further force or effect.
NOW, THEREFORE, the Developer and Lowe's hereby declare, agree, covenant and
consent that, each of the RECITALS above are hereby incorporated by reference into this ECCR
as an integral part of this ECCR, and further that, all of the Parcels, such term being hereinafter
defined in Section 1.9, described on Schedule I and Schedule II shall be held, sold and conveyed
1
subject to the following easements, restrictions, covenants and conditions which are imposed on
such Parcels to run with the land and be binding on and inure to the benefit of all parties having
any right, title or interest in the described Parcels or any part thereof, their heirs, successors and
assigns for the purpose of development and operation of the Parcels in an integrated shopping
center and to protect the value of such respective Parcels. Further, in consideration of the
premises, the agreements and the covenants of the Parties hereto, the mutual benefits and
advantages accruing to them, and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the Parties agree as follows:
ARTICLE I
BASIC DEFINITIONS
Section 1.1. "Building" shall mean the permanently enclosed structure(s) which has
(have) been, will be or may be constructed within the Permissible Building Areas, but shall not
include Common Area Improvements and shall not include the Outdoor Storage Buildings
shown on the Site Plan attached as Exhibit A-1.
Section L2. "Common Area" shall mean all real property owned by the Parties for the
common use and enjoyment of the Owners and shall consist of all portions of the Shopping
Center not designated as Permissible Building Areas, Equipment Shunting Areas, Outdoor
Storage Building Areas and all portions of any Permissible Building Area upon which no
Building, fenced or gated area is currently constructed. For purposes of this ECCR, "Common
Area" shall not include any garden center, appurtenant canopies, supports, loading docks, truck
ramps and other outward extensions, drive up or drive -through areas and facilities, loading
docks, patio areas, or permanent outdoor sales and storage areas.
Section 1.3. "Common Area Improvements" shall mean all improvements constructed
from time to time within the Common Area and intended for common use which shall exclude
the Equipment Shunting Area on the Developer Parcel as approximately depicted on the Site
Plan attached as Exhibit A-2, and which may include, without limitation, parking areas, access
and egress drives, service drives, non -dedicated streets, lighting standards, sidewalks,
landscaping, fixtures, and signage. The initial Common Area Improvements are shown on the
Site Plan.
Section 1.4. "Common Utility Facilities" shall mean Utility Facilities from time to time
situated on or serving the Shopping Center, up to the building wall of any Building, for use or
2
service in common by all Owners. All Common Utility Facilities lying within any Common
Area shall for all purposes be deemed to be included within the definition of Common Area
Improvements.
Section 1.5. "Consenting Owner" shall mean and refer to Lowe's, so long as Lowe's is
the Owner or lessee of the Lowe's Parcel and the Owner of the Developer Parcel. At such time
that Lowe's is no longer Owner or lessee of the Lowe's Parcel, the current Owner of the Lowe's
Parcel shall be the Consenting Owner of the Lowe's Parcel. The Parties intend that there shall be
only two (2) Consenting Owners for the Shopping Center consisting of only one Consenting
Owner representing the Developer Parcel and only one Consenting Owner representing the
Lowe's Parcel. In the event that the Lowe's Parcel or the Developer Parcel are further
subdivided, the current Consenting Owner shall designate the particular parcel of the subdivided
Parcel whose Owner shall succeed as the Consenting Owner.
Section I.6. "Default Rate" shall mean the rate of interest that is the lesser of (i) twelve
percent (12%) per annum, compounded monthly, and (ii) the maximum rate allowed by
applicable law.
Section 1.7. "Improvement(s)" shall mean Building(s) and other structures within a
Permissible Building Area and Common Area Improvements.
Section 1.8. "Maximum Permissible Building Area" shall mean and refer to the
Maximum Square Footage allowed for all Buildings and other structures contained within the
Permissible Building Area of the Developer Parcel. The Permissible Building Area for the
Lowe's Parcel shall be the existing Lowe's Parcel excepting those portions of the Lowe's Parcel
reserved for easements, and there shall be no Maximum Square Footage for the Permissible
Building Area on the Lowe's Parcel. The Maximum Square Footages allowed for the three (3)
Outdoor Storage Buildings on the Developer Parcel are reflected on the Site Plan attached
hereto as Exhibit A-2. The Maximum Square Footage of the Permissible Building Area on the
Developer Parcel shall be 115,000 square feet of floor area including any mezzanine areas as
approximately depicted on the Site Plan attached hereto and incorporated by this reference as
Exhibit A-1. The three (3) Outdoor Storage Buildings approximately depicted on Exhibit A-2
shall be used exclusively for storage purposes only, shall be limited in height to not more than
eighteen (18) feet from the finished elevation of the parking lot where each is located, and shall
not be included in the Permissible Building Area of the Developer Parcel. Any change to the
3 11-0'
Maximum Square Footage of the Permissible Building Area of the Developer Parcel or to the
Maximum Square Footage of the Outdoor Storage Buildings shall be subject to the prior written
consent of the Consenting Owners, which consent may be withheld in the sole discretion of
each of the Consenting Owners and any such change shall be reflected in an amendment to this
ECCR.
Section lI "No Change Shared Access Drive Area" shall mean and refer to the
"East-West No Change Shared Access Drive" and the "North -South Shared Access Drive"
approximately depicted on the Site Plan attached hereto and incorporated by this reference as
Exhibit A-1. The East-West No Change Shared Access Drive shall be maintained by the Owner
of the Lowe's Parcel at its sole cost and expense in accordance with Section 5.1(B) below. The
North -South Shared Access Drive shall be maintained by the Owner of the Developer Parcel at
its sole cost and expense in accordance with Section 5(B) below. The access drives within the
No Change Area shall not be reduced in width below the minimum widths shown on the Site
Plan and the No Change Area in all respects shall not be changed without the prior written
consent of the Consenting Owners which may be withheld in each of their sole and independent
discretion.
Section 1.10. "Owner" shall mean and refer to the record owner, whether one or more
persons or entities, of fee simple title to any Parcel which is a part of the Shopping Center, as
hereinafter defined, but excluding those having such interest merely as security for the
performance of any obligation. Notwithstanding the foregoing, in the event Lowe's is a lessee of
all or a portion of the Lowe's Parcel, whenever the consent of the Owner of the Lowe's Parcel is
required under this ECCR, the Owner of the Lowe's Parcel will give such consent only after
obtaining Lowe's written consent.
Section 1.11. "Parcel" shall mean and refer to the Lowe's Parcel and the Developer
Parcel.
Section 1.12. "Outparcel" shall mean and refer to the Developer Parcel and any
parcel(s) into which the Developer Parcel may, in the future, be subdivided, as may be identified
as a numbered or lettered outparcel on the Site Plan. Every Outparcel shall be a Parcel from the
date of recording of a subdivision map showing the Outparcel, so that all references herein to
Parcels shall apply with equal force to Outparcels; however, references to Outparcels shall be
specific to Outparcels as herein defined.
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Section 1.13. "Permissible Building Area" shall mean the perimeter of the area
designated on the Site Plan within which a Building(s) may be constructed not to exceed the
Maximum Square Footage for that Parcel. The Permissible Building Area for the Lowe's Parcel
shall be the existing Lowe's Parcel excepting those portions of the Lowe's Parcel reserved for
easements, and there shall be no Maximum Square Footage for the Permissible Building Area on
the Lowe's Parcel. The Maximum Square Footage of the Permissible Building Area (including
any mezzanine area of the Building(s) but not including the Outdoor Storage Buildings) on the
Developer Parcel shall be 115,000 square feet. Any change to the Maximum Square Footage of
the Permissible Building Area of the Developer Parcel shall be subject to the prior written
consent of the Consenting Owners, which consent may be withheld in the sole discretion of each
of the Consenting Owners and any such change shall be reflected in an amendment to this
ECCR. Notwithstanding the foregoing, the Owner of the Lowe's Parcel, or Lowe's, so long as it
is Owner or lessee of the Lowe's Parcel, may add, change, delete, enlarge, reduce or otherwise
modify the Permissible Building Area on the Lowe's Parcel so long as such changes do not
materially impair or restrict access to other Parcels.
Section 1.14. "Permittees" shall mean tenants and subtenants and the occupants,
contractors, customers, employees, agents, licensees, guests, and invitees of an Owner, its
tenants and subtenants.
Section L 15. "Separate Utility Facilities" shall mean Utility Facilities not installed
under the terms of this ECCR for use in common by other Owners and not for service of the
Common Area.
Section 1.16. "Shared Access Drive" shall mean and refer to the No Change Shared
Access Drive which runs from SR 161 aka Enchanted Parkway along the northerly side of the
Lowe's Parcel and the southerly side of the Developer Parcel and then runs north along the
westerly side of the Developer Parcel, providing access to both the Developer Parcel and the
Lowe's Parcel for the benefit of such Parcels, to and from S. 352"d Street and SR 161 (Enchanted
Parkway).as approximately depicted on the Site Plan that is attached hereto as Exhibit A-1.
Section 1.17. "Shopping Center" shall mean and refer to the Lowe's Parcel and the
Developer Parcel as shown on the Site Plan attached as Exhibit A-3, and being more particularly
described in Schedule I and Schedule 11.
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Section 1.18. "Utility Facilities" shall mean utility systems and utility facilities serving
the Shopping Center such as the following: storm drainage, detention, retention and disposal
facilities and sanitary sewer systems, manholes, underground domestic and fire protection water
systems, underground natural gas systems, underground electric power cables and systems,
underground telephone and television cables and systems, and all other utility systems and utility
facilities installed under the provisions of this ECCR and as replacements thereto.
ARTICLE II
EASEMENTS
Section 2.1. Easements Definitions and Documentation:
For the purposes of this Article II, the following will apply:
(A) An Owner granting an easement is called the "Grantor", it being intended that the
grant shall thereby bind and include not only such Owner but also its successors and assigns.
(B) An Owner to whom the easement is granted is called the "Grantee", it being
intended that the grant shall benefit and include not only such Owner but its successors, assigns,
and Permittees; although not for the direct benefit of Permittees, the Grantee may permit from
time to time its Permittees to use such easements; provided, however, that no such permission
nor the division of the dominant estate shall permit or result in a use of the easement in excess of
the use contemplated at the date of the creation of such easement.
(C) The word "in" with respect to an easement granted "in" a particular Parcel means,
as the context may require, "in", "to", "on", `cover" "throu h" " " °�
g upon", across", and "under", or
any one or more of the foregoing.
(D) All easements granted herein are non-exclusive and are irrevocable and perpetual.
(E) All easements granted herein shall be easements appurtenant and not easements in
gross.
(F) In the event an Owner transfers or conveys a portion of its Parcel in accordance
with the terms of this ECCR, those easements granted under this Article II which benefit, bind,
and burden the remainder of the Parcel not transferred or conveyed shall benefit, bind, and
burden the portion of the Parcel so transferred or conveyed, and those easements granted under
this Article II which benefit, bind, and burden the portion so transferred or conveyed shall
benefit, bind, and burden the remainder of the Parcel of which it was a part.
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(G) All easements granted hereunder and herein shall exist by virtue of this ECCR,
without the necessity of confirmation by any other document. Likewise, upon the termination of
any easement (in whole or in part) or its release in respect of all or any part of any Parcel, in
accordance with the terms hereof, the same shall be deemed to have been terminated or released
without the necessity of confirmation by any other document. However, upon the reasonable
request of an Owner, the other Owners shall sign and acknowledge a document memorializing
the existence (including the location and any conditions), or the termination (in whole or in part),
or the release (in whole or in part), as the case may be, of any easement, if the form and
substance of the document is approved by the other Owners, which approval shall not be
unreasonably conditioned, delayed or withheld. No grant of an easement pursuant to this
Article II shall impose any greater obligation on any Owner to construct or maintain its
Building(s) except as expressly provided in this ECCR.
Section 2.2. Easements for Use of Common Area:
(A) Grant of Easement: Each Owner hereby grants to the other Owner(s) easements
in the Common Area on its (Grantor's) Parcel for:
(i) ingress to and egress from the Grantee's Parcel;
(ii) the passage of vehicles;
(iii) the passage and accommodation of pedestrians; and
(iv) the doing of such other things as are expressly authorized or required to be
done on the Common Area under this ECCR.
(B) No Cross Parking: The Owners hereby specifically disclaim any intention to
create any reciprocal parking easements between the Lowe's Parcel and the Developer Parcel
and any other Parcel in the Shopping Center.
(C) Desi i of the Common Areas:
(i) Initial Develo went of the Common Areas: The Common Area
Improvements depicted on the Site Plan are hereby deemed approved by the Consenting Owners.
(ii) Chan e� s after Initial Development. Any Owner may add Common Areas
and Common Area Improvements not shown on the Site Plan or make changes to the Common
Area and the Common Area Improvements shown on the Site Plan on such Owner's Parcel, as
such Owner determines in its sole discretion; provided, however, that the consent of each
Consenting Owner shall be required for any change or addition that adversely impacts: (a) access
to an Owner's Parcel (including changes and additions to entrances or exits that adversely affect
access to an Owner's Parcel), (b) vehicular traffic flow to any other Parcel in the Shopping
Center (including changes or additions to curb cuts or the orientation of parking spaces or drive
aisles that adversely affect traffic flow to any other Parcel in the Shopping Center), or
(c) visibility of any other Owner's building or any sign on which any other Owner has a right to
display a sign panel, and such consent may be withheld in the sole discretion of each Consenting
Owner. No change may (a) reduce parking spaces below the minimum required under this
ECCR, (b) alter the location of free standing signs as provided in Section 4.3 of this ECCR, or
(c) relocate Utility Facilities except as provided in Section 2.3 of this ECCR. There shall be no
drive -through windows or drive -through lanes of traffic installed on the Developer Parcel unless
(a) the site plan for such improvements has been pre -approved in writing by the Owner of the
Lowe's Parcel, which approval may be withheld at Lowe's sole discretion, (b) the designed
improvements include sufficient distance provided for the stacking of a minimum of five (5) car
lengths (of twenty feet each) from the order station to the drive entrance of such parcel, and
(c) the designed improvements provide a minimum of three car lengths from the order station to
the first service window.
(iii) Enjoyment and use of the Common Area easements granted by this
Section 2.2 shall commence on the date the Common Area Improvements with respect to the
Common Area in question are substantially complete.
(D) Common Area Sales and Displays: Notwithstanding the grant of easements under
Section 2.2(A):
(i) The Owner or occupant of the Lowe's Parcel may use the Common Area
on the Lowe's Parcel for the display, storage and sale of merchandise so long as such activity
does not materially interfere with ingress and egress to the rest of the Shopping Center.
(ii) The Owner or occupant of the Lowe's Parcel shall have the right, but not
the obligation, to install and maintain a bank teller machine or similar kiosk type structure(s) in
the parking field of the Lowe's Parcel.
(iii) The Owner or occupant of the Lowe's Parcel may display merchandise,
conduct sidewalk sales and/or conduct other business on the sidewalks on the Lowe's Parcel so
long as such activity does not materially interfere with pedestrian passage to the rest of the
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Shopping Center and may otherwise enclose and/or redesign its sidewalk areas without the need
of obtaining any other Owner's consent.
(iv) The Owner or occupant of the Lowe's Parcel may park vehicles or
equipment in the parking field of the Lowe's Parcel in connection with the leasing of vehicles
and/or equipment.
(v) The Owner or occupant of the Developer Parcel shall be allowed to park
U-Haul equipment in the Equipment Shunting Area as approximately depicted on the Site Plan
attached as Exhibit A-2.
(E) Easements for Access Roads: Each Owner hereby grants to the other Owner(s)
non-exclusive easements for pedestrian and vehicular traffic in those drive aisles and access
roads on its (Grantor's) Parcel which are depicted on the Site Plan (hereinafter collectively
referred to as the "Access Roads"), the locations of which may change from time to time, but
which shall provide ingress to and egress from the Grantee's Parcel to and from Enchanted
Parkway, South 352"d Street, and South 356 h Street, together with the following rights and
subject to the following restrictions and reservations:
(i) The use of the Access Road easements by any person entitled to the use
thereof shall be in common with all other such persons. The Access Road easements and the
land upon which they are located shall be considered in all respects part of the Common Area,
and the improvements thereon shall be considered in all respects part of the Common Area
Improvements; and
(ii) As further provided in Section 2.2(F) herein, Grantors of the Access Road
easements agree not to obstruct or interfere in any way with the free flow of pedestrian and
vehicular traffic over the roadways which comprise the Access Road, except to the extent
necessary for reasonable repair and maintenance, traffic regulation and control, and to prevent a
dedication thereof or the accrual of any prescriptive rights to any person therein.
(F) General Provisions for Common Area Easements:
(i) No barriers, fences, walls, grade changes or other obstructions shall be
erected so as to impede or interfere in any way with the free flow of vehicular and pedestrian
traffic between those portions of the Shopping Center from time to time devoted to pedestrian
access, vehicular roadways or parking area, or in any manner unreasonably restrict or interfere
with the use and enjoyment by any of the Owners of the rights and easements created by this
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Article II. In addition, each Owner may temporarily close or block traffic on its Parcel for the
time necessary for the purpose of protecting ownership rights and preventing creation of
easements to the public and unrelated third parties (provided, however, that prior to closing off
any portion of the Common Area, as herein provided, such Owner shall give fifteen (15) days
written notice to each other Owner of its intention to do so and shall attempt to coordinate such
closing with each other Owner, so that no unreasonable interference in the passage of pedestrians
or vehicles shall occur), and may temporarily fence off portions of its Parcel as reasonably
required for the purpose of repair, construction and reconstruction.
(ii) The easements granted under this Section 2.2 are limited to such portions
of the Common Area of the Grantor's Parcel as are now or hereafter from time to time set aside
or intended to be set aside, maintained and authorized for such use under this ECCR.
(iii) Each Owner hereby reserves the right to eject from the Common Area on
its Parcel any person not authorized to use the same.
(iv) The easements provided for in this Section 2.2 are subject to the rights to
use and the restrictions on use of the Common Area provided for in this ECCR.
Section 2.3. Easements for Utility Facilities:
(A) Grant of Easement: Each Owner hereby grants to the other Owner(s) perpetual
easements to its (Grantor's) Parcel, except within such Owner's Permissible Building Area, for
the installation, use, operation, maintenance, repair, replacement, relocation and removal of
Common Utility Facilities and Separate Utility Facilities serving the Parcel of the Grantee;
provided however, no Owner shall have an obligation to grant any new easement of any kind
which would, in such Owner's sole and independent discretion, have an adverse impact on the
use, operation or maintenance of such Owner's Parcel.
(B) Installation Re air arrd Maintenance:
(i) All Separate Utility Facilities installed in the Common Area, whether
installed under this Section 2.3 or otherwise, and all Common Utility Facilities, shall be
underground, if reasonably possible.
(ii) The location of the Utility Facilities shall be subject to the prior written
consent of the Owner across whose Parcel the same are to be located, which consent shall not be
unreasonably withheld, conditioned or delayed.
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(iii) Except as otherwise provided herein, the Grantee of any easement for
Separate Utility Facilities under this Section shall be responsible, as between such Grantee and
the Grantor, for the installation, maintenance, repair and removal at Grantee's cost of all
Separate Utility Facilities installed by the Grantee pursuant to this grant of easement, as well as
for all Separate Utility Facilities installed by the Grantee on its own Parcel. Each Owner shall
maintain the Common Utility Facilities on such Owners' Parcel; provided that the Owners may
separately provide for the responsibility and cost of installing the Common Utility Facilities.
(iv) Any installation, maintenance, repair, replacement, relocation and removal
of Utility Facilities shall be performed by Grantee only after thirty (30) days advance notice to
Grantor of Grantee's intention to do such work. However, in the case of an emergency (whereby
either persons or property are in immediate danger of substantial damage and/or harm), any such
work may be immediately performed after giving such advance notice to Grantor as is
practicable and reasonable under the circumstances.
(v) All installation, maintenance, repair, replacement, relocation and removal
of Utility Facilities shall be performed in a manner that causes as little disturbance to Grantor as
may be practicable under the circumstances and any and all portions of the surface area of
Grantor's Parcel which may have been excavated, damaged or otherwise disturbed as a result of
such work shall be restored, at the sole cost and expense of Grantee, to essentially the same
condition as existed prior to the commencement of any such work.
(vi) No installation, repair or removal of Utility Facilities, except emergency
repair work, shall be carried on during the period from November 15'h through the next
succeeding January 15'', and April 1st through July 4 h, or on any weekends.
(C) Easements to Public Utilities. Any grant or other conveyance of an easement to a
public utility, as Grantee, by a Grantor on its Parcel shall, without necessity of further recital in
the conveyancing instrument, be deemed to include the following conditions, covenants and
restrictions, in addition to the other provisions of Section 2.3, to which such public utility and its
successors shall be bound unless specifically stated otherwise in such instrument.
(vii) The easement is non-exclusive;
(viii) All Utility Facilities installed pursuant to the easement shall be
underground, except for manholes and manhole covers which shall be flush with adjacent grade,
and except as otherwise shown on plans subject to the prior written consent of Grantor, which
consent shall not be unreasonably withheld, conditioned or delayed;
(ix) The right to use the surface areas for the purposes allowed under this
ECCR is reserved;
(x) Grantor reserves the right to require Grantee to relocate its facilities (and
vacate the easement) to another location on Grantor's Parcel, subject to the conveyance of a
similar easement, all at Grantor's cost and expense;
(xi) Grantee shall not, in its use or installation, interfere with other installations
and easements in the area;
(xii) Grantee shall protect its Utility Facilities against uses of the surface made
by Grantor and others;
(xiii) Grantee shall make adequate provisions for the safety and convenience of
all persons using the area;
(xiv) Grantee, following installation or other work, shall replace and restore the
areas and improvements to the condition in which they were immediately prior to performance of
such installation and work;
(xv) Grantee shall indemnify, defend and hold harmless Grantor against all
loss, liability, and costs (including reasonable attorney's fees and reasonable attorneys' fees on
appeal) which may result to Grantor from the negligent or willful wrongful act or omission of
Grantee, its agents, employees and contractors; and
(xvi) Grantee shall not permit any claim, lien or encumbrance to attach against
Grantor's Parcel or any interest therein.
(D) Grantee's i2i hts as t❑ L]tility Facilities:
(i) Use Qf Se crate Utili Facilities: The Grantor of any easement for
Separate Utility Facilities under this Section 2.3 may use the utility facilities installed pursuant to
such easement; provided, however, that any increase in costs incurred in order to make such
utility facilities adequate to serve Grantor's additional use shall be borne by such Grantor; and
provided, further, that Grantor gives written notice within the time period called for under, and
otherwise complies with, the requirements of Section 2.3(E)(ii).
(ii) relocation of UtFacilities on Urantor's Parcel: Except during the
period from November 15"' through the following January 15'h and the period from April lst
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through July 4th, the Grantor of any easement under this Section 2.3 may relocate on its Parcel
any Separate Utility Facilities or Common Utility Facilities installed thereon under any easement
granted by it; provided, however, that such relocation:
(a) may be performed only after Grantor has given Grantee thirty (30)
days' written notice of its intention to relocate such facilities;
(b) shall not interfere with or diminish the utility services to the
Grantee (however, temporary, reasonable interferences with and diminutions in utility services
shall be permitted if they occur during the non -business hours of the Grantee, and Grantee has
been so notified under Subsection 7.4(B). Grantor shall promptly reimburse Grantee for all
costs, expenses and losses incurred by Grantee as a result of such interferences or diminutions, or
both;
(c) shall not reduce or unreasonably impair the usefulness or function
of the facilities in question;
(d) shall be located underground, if reasonably possible; and
(e) shall be performed without cost or expense to Grantee, and, if
Common Utility Facilities or Separate Utility Facilities which provide service to the Grantee are
involved, in accordance with plans approved by the Grantee.
(iii) Limitation on Ri hts: Nothing herein shall be construed to grant any
Owner the right to utilize, drain into, or otherwise alter natural water flow into any detention or
retention facilities located on or exclusively serving any other Owner's Parcel.
Section 2.4. Drainage:
Each Owner hereby grants to the other Owners easements to use, maintain and repair any storm
water drainage system (the "Storm Drainage System") now or hereafter located on any Parcel,
together with the right to discharge surface water runoff across portions of any Parcel in
accordance with the design of the existing Storm Drainage System; provided, however, that use,
maintenance and repair of any Utility Facilities for the Storm Drainage System shall comply with
Section 2.2. Any alteration in the natural water flow which may occur as a natural consequence
of normal construction activities and the existence of an Owner's Improvements substantially as
shown on the Site Plan (including, without limitation, Buildings, curbs, drives and paving) shall
be permitted, provided that the same is in accordance with the existing drainage plan and which
does not cause water to settle or pool within another Owner's Parcel.
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Section 2.5. Construction l asements:
(A) Each Owner hereby grants to the other Owners temporary construction related
easements in the Common Area of its (Grantor's) Parcel, and where appropriate and necessary in
the Permissible Building Area on its (Grantor's) Parcel, but only prior to the commencement of
construction by Grantor of Improvements on its own (Grantor's) Parcel, for the purpose of
facilitating the initial construction of the Grantee Improvements contemplated within this ECCR.
(B) With respect to any Parcel on which fresh dirt is dumped, the area shall be sloped
to meet any contiguous property within the Shopping Center or any public roads, and shall be
smoothed in a level manner consistent with the contours of the adjoining property or in
accordance with a grading plan approved by the Grantor, which approval shall not be
unreasonably withheld, conditioned or delayed.
(C) The location and use of all temporary construction easements under this
Section 2.5 shall be subject to the prior written consent of Grantor, which consent shall not be
unreasonably withheld, conditioned or delayed.
(D) Each Grantee agrees to pay the Grantor any additional cost of construction,
maintenance, repair and replacement of any improvement or structure constructed by Grantor
which may arise on account of or due to Grantee's exercise of its temporary construction
easement rights under this Section 2.5. Each Grantee further agrees to use due care in the
exercise of the rights granted under this Section 2.5 and, in the event the exercise of the rights
granted under this Section 2.5 requires Grantee to enter upon the Parcel of Grantor, to first obtain
the consent of Grantor as to the specific activities, methods and timing in the exercise of such
rights so as to avoid cost or damage to Grantor.
(E) Each Owner covenants and agrees, respectively, that its exercise of such
easements shall not result in damage or injury to the Building(s) or other Improvements of any
other Owner, and shall not interfere with or interrupt the business operations conducted by any
other Owner in the Shopping Center. Each Grantee shall keep access, egress and service drives
utilized by exercise of such easements clean and shall wash them down daily. All construction
traffic to or from the Developer Parcel will be limited to the use of the following roadways:
South 352nd Street. In addition, each Grantee, at its sole cost and expense, shall promptly repair,
replace or restore any and all improvements of Grantor which have been damaged or destroyed
in the exercise by Grantee of the temporary construction easements granted under this
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Section 2.5 and shall indemnify, defend and hold Grantor harmless from and against all liens,
losses, liabilities, costs or expenses (including reasonable attorneys' fees and reasonable
attorneys' fees on appeal) incurred in connection with or arising out of Grantee's exercise of said
temporary construction easements, except to the extent occasioned by Grantor's grossly
negligent or wrongful acts or omissions.
(F) Grantee's Improvements made within such temporary construction easements
shall, for purposes of cost allocation due to maintenance, operation, insurance, taxes, repairs,
reconstruction and restoration under this ECCR, be deemed to be part of the Grantee's Parcel and
Building and shall be deemed not to be part of the Grantor's Parcel or Building for such
purposes.
(G) Except as reasonably necessary for and during the construction of any Building,
no structure of a temporary character shall be erected or allowed to remain on any Parcel.
Section 2.6. indemnification:
The Grantee shall indemnify, defend and hold Grantor harmless from and against any and all
liens, losses, liabilities, costs or expenses (including reasonable attorney's fees and reasonable
attorney's fees on appeal), incurred in connection with Grantee's use of the Easements in
Sections 2.3, 2.4 and 2.5, except to the extent occasioned by Grantor's negligent or willful
wrongful act or omission to act.
Section 2.7. Intentionally_Deleted.
Section 2.8. Cure Right Easements:
Each Owner hereby grants to the Consenting Owners an easement and license to enter upon its
Parcel for the purpose of exercising the cure rights provided under Article V of this ECCR. Each
Grantee of the easements granted under this Section 2.8 shall indemnify, defend and hold
Grantor harmless from and against all liens, losses, liabilities, costs or expenses (including
reasonable attorney's fees and reasonable attorneys' fees on appeal) incurred in connection with
or arising out of Grantee's use of said easements, except to the extent occasioned by the
Grantor's negligent or wrongful act or omission to act. The duration of the easements granted
under this Section shall be coterminous with the respective provisions of the ECCR which give
the Grantee the right or the obligation to perform the work described in this Section 2.8.
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ARTICLE III
USE RESTRICTIONS
Section 3.I. Permitted Uses:
The Developer Parcel shall only be used for purposes of the kind typically found in shopping
centers, including, but not limited to, offices, restaurants with over 70% of gross revenues from
food sales, and retail shops. "Offices" shall mean offices of the type customarily found in retail
shopping centers for use primarily with customers or clients including, without limitation,
insurance offices, real estate offices, banks and financial institutions, and travel agents, but shall
not include educational or training facilities or medical or dental offices.
Section 3.2. Nuisances:
Subject to the provisions of Section 3.1, no Parcel shall be used for anything other than
purposes which may be permitted by applicable zoning regulations, nor shall anything be done
on any Parcel which shall constitute a public nuisance to the community.
Section 3.3. Use Restrictions:
(A) During the term of this ECCR no portion of the Developer Parcel may be used for
any of the following purposes without the prior written consent of the Owner of the Lowe's
Parcel which consent may be withheld in the absolute and sole discretion of the Owner of the
Lowe's Parcel:
(i) A tavem, bar, nightclub, cocktail lounge, discotheque, dance hall, or any
other establishment selling alcoholic beverages for on -premises consumption; provided,
however, the foregoing shall not prohibit the operation of a restaurant where the sale of alcoholic
beverages therein comprises less than thirty (30%) percent of the restaurant's gross revenues.
(ii) A bowling alley, billiard parlor, bingo parlor, arcade, game room or other
amusement center.
(iii) A theater (motion picture or live performance).
(iv) A health club, gymnasium or spa.
(v) A service station, automotive repair shop or truck stop.
(vi) A flea market or pawn shop.
(vii) A training or educational facility (including without limitation, a school,
college, reading room or other facility catering primarily to students and trainees rather than
customers.
(viii) A car wash, except where the same shall have constructed and shall use
sanitary sewer, water and storm water drainage lines entirely separate from those utilized by
Seller's adjoining property.
(ix) A medical clinic or office.
(x) A dry cleaning plant, central laundry or laundromat.
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(xi) An establishment for the sale of automobiles, mobile homes or
recreational motor vehicles.
(xii) A child day care facility.
(xiii) A hotel or motel.
(xiv) An establishment primarily for the sale or storage (either temporary or
permanent) of automobiles, trucks, mobile homes, boats or recreational motor vehicles, as
distinguished from the incidental and temporary storage of automobiles and trucks in the
Developer's U-Haul Truck rental business which shall be permitted.
(xv) Governmental offices.
(xvi) A liquor store or other store selling alcoholic beverages for off -premises
consumption as its primary business.
(B) No portion of the Developer Parcel may at any time be used for any of the
following uses whatsoever:
(i) An adult type bookstore or other establishment selling, renting, displaying
or exhibiting pornographic or obscene materials (including without limitation: magazines,
books, movies, videos, photographs or so called "sexual toys") or providing adult type
entertainment or activities (including, without limitation, any displays or activities of a variety
involving, exhibiting or depicting sexual themes, nudity or lewd acts).
(ii) A massage parlor.
(iii) A skating rink.
(iv) A mortuary, crematorium or funeral home.
(v) A mobile home or trailer court, labor camp, junkyard or stockyard.
(vi) A land fill, garbage dump or other such facility for the dumping,
disposing, incineration or reduction of garbage.
(vii) A telephone call center.
(viii) A gambling establishment or betting parlor.
(ix) Veterinary hospital or animal raising or keeping facilities, provided that a
regional or national pet supply store or pet store providing such services (such as, by way of
example but not limitation, a "Petco" or "Petsmart") shall be permitted.
facility. (x) Assembling, manufacturing, industrial, distilling, refining or smelting
(xi) A tattoo parlor.
Section 3.4. Exclusive Use Restriction for the Benefit of the Lowe's Parcel.
(A) No portion of the Developer Parcel shall be used or shall permit the occupancy or
use of any space upon the Developer Parcel for or in support of the purposes set forth below, and
no portion of the Developer Parcel shall provide access or parking, or be a part of a larger unified
development with any of the uses set forth below:
(i) A hardware store or center.
(ii) An appliance and/or lighting store or center.
(iii) A home electronics store or center or a barbecue store or center.
(iv) A nursery and/or lawn and garden store and/or the sale of Christmas trees.
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(v) A paint store or center, wall paper or wall covering store or center, file
store or center, flooring store or center, carpeting store or center, and/or home decor store or
center.
(vi) A retail and/or warehouse home improvement center, lumber yard,
building materials supply center, home improvement service center and/or other stores or centers
similar to those operated by or as Lowe's, Home Depot, Home Depot Expo, Villagers Hardware,
84 Lumber, Wickes, Hughes Lumber, McCoys, Menard's, stores operating under the Sears: narne
(including, without Iimitation, Sears Hardware and Sears Home Appliance Showroom) or selling
Sears branded goods (e.g. Craftsman, Kenmore), Great Indoors, Pacific Sales, Best Buy,
hhgregg, Conn's, Sutherlands, Scotty's and Orchard Supply.
(B) These restrictions or exclusive rights shall also apply to prohibit a business
having space in its store devoted to selling the merchandise described in subparagraphs (A)(1)
through (A)(5) when the aggregate of such space (including any outdoor areas) for all such items
exceeds the Iesser of (i) five percent (5%) of the floor area of such building (which shall include
an allocable portion of the aisle space adjacent to the floor area of such use) or (ii) 1,000 square
feet of floor area (which shall include an allocable portion of the aisle space adjacent to the floor
area of such use).
(C) The restrictions in Section 3.4 shall remain in effect until the date that is
three (3) years after Lowe's, its successors, assigns or tenants cease operating a business on the
Lowe's Parcel, excluding periods of building, expansion or rebuilding, for any reason, at which
point the restrictions contained in Section 3.4 will no longer be of any force or effect until such
time (if any) as Lowe's or its successors, assigns or tenants shall re -open a store on any portion
of the Lowe's Parcel for any one of the foregoing uses (in which case such restrictions shall be
reinstated), which reopening shall not prohibit uses in violation of such exclusives if such uses
were begun during such time as the above exclusive use restrictions were of no force and/or
effect.
(D) Nevertheless, none of the above restrictions and obligations shall apply to
any future use by the Owner of the Lowe's Parcel in the event the Owner of the Lowe's Parcel
shall obtain future interest in the Developer Parcel.
Section 3.5. Proprietary Rights of Lowe's:
Any owner, occupant or person owning, leasing or otherwise making use of any portion of the
Shopping Center shall be deemed, by virtue of accepting such ownership, leasehold interest or
making such use, to have covenanted and agreed that (i) the trade names, trademarks, service
marks (including, without limitation, all logos, emblems, designs or designating words or names)
utilized by Lowe's HIW, Inc. or its affiliated companies ("Lowe's"), in connection with the
Shopping Center or the conduct of its business thereat are registered and/or the proprietary
property of Lowe's or its affiliates, (ii) except as provided below, no usage of those marks or
names will be made in naming or referring to any activity within or without the Shopping Center
and (iii) no usage of such marks or names shall be made without the prior written consent of
Lowe's and Lowe's legal counsel, which consent Lowe's may withhold in its sole discretion.
Lowe's reserves the right to require any person or entity to whom it may grant a written right to
use a given name or mark to enter into a formal written license agreement with Lowe's and to
charge a fee or royalty therefor.
ARTICLE IV
GENERAL CONSTRUCTION & DEVELOPMENT
Section 4.1.
(A) Develo meat Parameters: All Buildings on the Developer Parcel must be
constructed within the Permissible Building Area for the Developer Parcel. No Building(s) on
the Developer Parcel shall in the aggregate exceed the Maximum Square Footage shown on the
Site Plan, (not counting the Outdoor Storage Buildings). Except for the Outdoor Storage
Buildings, no other building, structure or improvements (other than Common Area
Improvements) on the Developer Parcel shall be erected or maintained outside of the Permissible
Building Area of the Developer Parcel. The Permissible Building Area and Maximum Square
Footage of the Developer Parcel shown on the Site Plan cannot be changed without the prior
written consent of the Owner of the Lowe's Parcel which changes, if any, shall be reflected in an
amendment to this ECCR.
(B) Parking_ Requirements: The Developer Parcel, including any Outparcels, shall be
self-supporting with respect to parking, and there shall be no cross parking easement between the
Developer Parcel and the Lowe's Parcel. To be self-supporting, the parking spaces must be
located on each such parcel so that parking spaces available on other Outparcels or available
through easements with other Outparcels cannot be counted in meeting the requirements of this
Section. As long as the Developer Parcel is used entirely as a U-Haul retail center for truck and
trailer rentals, self storage rentals, and U-Box rentals, and as long as the Building and
Improvements remain substantially in accordance with those shown on the Site Plan attached
hereto as Exf)ibit A-2, the Developer Parcel shall contain the number of spaces required by local
19 e
code or ordinance. In the event that the use of any portion of the Developer Parcel changes from
that described above, or in the event that any portion of the Building and/or Improvements are
expanded from those shown on the Site Plan attached as Exhibit A-2, then the Developer Parcel
shall contain at least five (5) parking spaces per one thousand (1,000) square feet of retail use,
ten (10) parking spaces per one thousand (1,000) square feet of restaurant use, and at least fifteen
(15) parking spaces per one thousand (1,000) square feet of restaurant use with alcohol sales, or
the number of spaces required by local code or ordinance for such restaurant use, whichever is
greater.
(C) Fire Protection: Any building, structure or similar improvements constructed in
the Shopping Center shall be constructed and operated in such a manner which will preserve the
sprinklered rate on the other Buildings, structures or similar improvements in the Shopping
Center. The Parties acknowledge that Lowe's has constructed on the Lowe's Parcel a Building
which is classified as an "unlimited area building" under certain building codes. The term
"unlimited area building" as used in this ECCR refers to a building that is allowed to exceed area
limitations stipulated in the applicable building code, not by virtue of its construction type, but as
a condition of its isolation on the property and by its inclusion of a sprinkler system. To
facilitate the construction and continuing fulfillment of such requirements, no Permissible
Building Area, Buildings or other Structures shall be located within sixty (60) feet of any
existing or proposed Building on the Lowe's Parcel.
(D) Condition Prior to Construction: If any portion of the building or improvements
on the Developer Parcel and/or any Outparcel (if the Developer Parcel is subdivided) is raised to
the ground for redevelopment, the property shall be kept neat, orderly, planted in grass instead of
leaving as rough dirt, and trimmed until re -improved and re -constructed.
Section 4.2. BuiIding Design:
(A) Harmony. All structures (including Common Area Improvements such as
lighting) erected within the Shopping Center shall be architecturally harmonious (including,
without limitation, harmonious colors, materials and designs). The Consenting Owners shall
cooperate in creating a reasonably harmonious exterior appearance for the Buildings and
Improvements to be constructed by them within the Shopping Center, acknowledging however
that the Owner of the Lowe's Parcel may construct improvements similar to its current
prototypical store building and improvements as modified to meet Governmental Requirements.
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Specifically, the initial design and appearance of the Buildings and Improvements on the Lowe's
Parcel and any changes to or replacements of the Buildings and Improvements on the Lowe's
Parcel that the Owner of the Lowe's Parcel may deem appropriate for consistency with changes
in the design and appearance of its then current prototypical stores as modified to meet
Governmental Requirements do not require the consent of any other Owner. All Buildings
within the Shopping Center shall be single story.
(B) A ron,als. Except as to the Building and Improvements existing on the
Developer Parcel as of the date of this ECCR, and the Outdoor Storage Buildings shown on the
Site Plan attached as Exhibit A-2 and except as provided in Section 4.2(A), no additional
buildings or structures shall be erected or allowed to remain on the Developer Parcel unless a set
of proposed civil plans, including overall site plan, utility plan, grading and drainage plan,
elevation drawings and architectural renderings (depicting the exterior elevations of all sides,
materials, colors and dimensions), in electronic and/or I P by 17" format plan (collectively, the
"Plans"), have been presented to and approved in writing by the Owner of the Lowe's Parcel
prior to commencing clearing, grading, or construction of a building of any kind, which approval
shall not be unreasonably withheld, conditioned or delayed, as long as in conformance with the
terms and conditions of this ECCR. Upon completion of a new or redeveloped Building
foundation, an actual field survey of the foundation shall be presented to the Owner of the
Lowe's Parcel to ensure that it has been constructed in accordance with the Plans. All
improvements on the Developer Parcel shall comply with the Plans as approved by the Owner of
the Lowe's Parcel unless changes are approved in writing by the Owner of the Lowe's Parcel.
The right to make inspections necessary to assure compliance is reserved to the Owner of the
Lowe's Parcel. Except as provided in Section 4.2(A), the Owner of the Developer Parcel shall
not make alterations that will substantially change the exterior of its Building(s) without the
consent of the Owner of the Lowe's Parcel, such consent not to be unreasonably withheld,
conditioned or delayed.
(C) Construction Timing. In the event of any redevelopment on the Developer Parcel,
weather permitting, all paving and landscaping will be finished upon completion of the Building,
but in no event shall it be installed later than ninety (90) days after the Building is occupied.
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(D) Devel❑ r�ient Guidelines and Restrictions:
(i) Except for the existing Building on the Developer Parcel, there may be no
more than three (3) one-story Outdoor Storage Buildings constructed on the Developer Parcel in
the locations as approximately depicted on Exhibit A-2, not to exceed eighteen (18) feet in height
from the finished elevation of the parking lot where located. The exterior of all such Buildings
shall not be constructed of metal; however, the Building may have a metal standing seam roof,
metal architectural panels and metal roll -up doors.
(ii) Only signs advertising business located on the Developer Parcel may be
erected thereon.
(iii) All rooftop equipment on the Building(s) on the Developer Parcel shall be
screened from view and no rooftop signs shall be allowed.
(iv) Subject to local governmental approval, the Owner of the Developer
Parcel shall be permitted at its sole cost and expense to erect one freestanding sign on the
Developer Parcel; provided however, in no event shall such freestanding sign reduce the
visibility of the Owner of the Lowe's Parcels' signs on the adjacent Lowe's Parcel.
(v) Developer agrees, on behalf of itself, its successors and assigns to submit
"Developer's Plans", including and defined as: (i) a dimensioned site plan showing the location
and configuration of Developer's contemplated building, parking and drives, including location
of freestanding signage, and the height and size of such signage, and any points of ingress and
egress; (ii) building elevations (iii) a construction schedule indicating the timing of the
Developer's development and construction; and, (iv) storm water drainage plans showing the
contours and slopes of the Developer Parcel and no adverse effect on and no interference with
the existing Owner of the Lowe's Parcel's storm water system, including, but not limited to,
plans for an oil/water separator system, if applicable. Additionally, the Developer's Plans shall
also be provided in a .jpg or .pdf format. The Developer's Plans must be submitted to Lowe's,
c/o Glen Williamson, at the notice address for Excess Property for the Owner of the Lowe's
Parcel's written review and approval. Such approval by the Owner of the Lowe's Parcel shall be
without warranty or representation and the responsibility for the successful design, development,
and operation of the Developer Parcel will remain with the Owner of the Developer Parcel. The
Owner of the Developer Parcel shall submit all plans to the Owner of the Lowe's Parcel for
approval prior to proceeding with any proposed construction or reconstruction on the Developer
Parcel. This approval will facilitate the compatibility of the design of such site work and other
improvements that may be constructed or reconstructed by Buyer and will include, but not be
limited to, location of building pad, architectural compatibility, location of the building,
entrances, landscaping, parking lot design and circulation, and underground improvements.
(vi) The Owner of the Developer Parcel and its successors and assigns shall
secure the Owner of the Lowe's Parcel's written approval, prior to making any structural or
footprint related changes or deviations from the Developer's Plans as approved by the Owner of
the Lowe's Parcel, and prior to granting any easements or right of ways which may affect the
adjacent Lowe's Parcel.
(vii) Within thirty (30) days after completion of any new construction or
reconstruction of the exterior of the building on the Developer Parcel, the Owner of the
Developer Property shall provide the Owner of the Lowe's Parcel with as -built plans of all such
construction. Such plans shall be prepared by a surveyor licensed in the jurisdiction in which the
Developer Parcel is located and shall be in a CAD format.
(viii) At least thirty (30) days prior to the commencement of any construction or
reconstruction by the Owner of the Developer Parcel, the Owner of the Developer Parcel shall
first notify the Owner of the Lowe's Parcel that it will be commencing construction on the
Developer Parcel. Thereafter and during such construction or reconstruction on the Developer
Parcel, the Owner of the developer Parcel shall coordinate such construction activities with the
Owner of the Lowe's Parcel so that there shall be no interruption of business operations and/or
business activities on the Lowe's Parcel.
(ix) Any future reconstruction of the Building(s) on the Developer Parcel shall
be limited to a height of the building not to exceed forty (40) feet in height (inclusive of
architectural features and building signage), as measured from the finished elevation of the
parking area.
Section 4.3. Swage;
A freestanding identification sign may be erected on the Developer Parcel only with the
prior written consent of the Owner of the Lowe's Parcel, such consent not to be unreasonably
withheld so long as the design meets with Seller's design standards and the proposed location is
acceptable to Seller, but in no event shall such freestanding identification sign exceed 75% of the
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height or surface area of, or reduce the visibility of, any Lowe's or multi -occupant monument
sign or pylon sign on the Seller's adjacent property. If the Owner of the Developer Parcel desires
to erect such a freestanding sign, it shall make its request in writing to the Owner of the Lowe's
Parcel with a copy of the sign plans. The Owner of the Lowe's Parcel shall then have thirty (30)
days from receipt of the notice to object to the proposed sign. If the Owner of the Lowe's Parcel
does not object within the thirty (30) day period, then the proposed sign shall be conclusively
deemed approved, and the Owner of the Lowe's Parcel shall not have the right to any further
objection. Notwithstanding the foregoing, there may be erected entrance -exit signs to facilitate
the free flow of traffic, which entrance -exit signs shall be of a monument type, not to exceed 3'3"
in height, the type and location of such signs to be approved by the Owner of the Lowe's Parcel.
Section 4.4. OutRarcel Development:
The Developer Parcel and any Outparcel within the Developer Parcel shall only be re -developed
under the following guidelines:
(A) Any Building(s) on the Developer Parcel or on any Outparcel may be no more
than one (1) story. The Permissible Building Area of the Developer Parcel shall be limited to the
area that approximately represents the building footprint of the Building that exists on the
Developer Parcel as of the Effective Date of this ECCR, as approximately depicted on the Site
Plan attached hereto as Exhibit A-l.. The Developer Parcel shall have a Maximum Permissible
Building Area of 115,000 square feet. The exterior of any Buildings on the Developer Parcel
shall not be constructed of metal as its primary material.
(B) Any rooftop equipment installed on the Developer Parcel or any Outparcel shall
be screened from view in a manner reasonably satisfactory to the Owner of the Lowe's Parcel.
(C) No rooftop signs shall be erected on any Building constructed on the Developer
Parcel or on any Outparcel within the Developer Parcel after the Effective Date of this ECCR.
(D) Any Owner or other party purchasing or leasing from the Owner of the Developer
Parcel and having an ownership or leasehold interest in an Outparcel or a portion of the
Developer Parcel shall repair any damage caused to any of the Utility Facilities, as described in
Section 2.3 of this ECCR, serving the Shopping Center, which is caused by such Owner or party.
(E) The foregoing restrictions and agreements are imposed on each of the Developer
Parcel and any Outparcels within the Developer Parcel for the benefit of the entire Shopping
Center. The agreements, restrictions and covenants herein made shall be deemed restrictive
24 W__
covenants running with the land and shall be binding upon the Developer Parcel and any
Outparcels within the Developer Parcel and any person who may from time to time may own,
lease, or otherwise have an interest in the Developer Parcel or any of the Outparcels.
Section 4.5. Performance of Construction Work Generally:
All construction, alteration or repair work ("Work") undertaken by the Owner of the Developer
Parcel or an Outparcel shall be accomplished in an expeditious, diligent and speedy manner. The
person or entity undertaking such Work shall: (i) pay all costs and expenses associated with such
Work; (ii) take necessary measures to minimize disruption and inconvenience caused by such
Work; (iii) make adequate provisions for the safety and convenience of the Owners and their
Permittees; (iv) control dust, noise and other effects of such work using methods customarily
utilized in order to control such deleterious effects associated with construction projects in a
populated or developed area; (v) repair any and all damage which may be caused by or result
from such Work; (vi) restore all affected portions of any Parcel to a condition equal to or better
than the condition existing prior to beginning such Work; (vii) indemnify, defend and hold
harmless all other Owners in the Shopping Center against any mechanics liens for such Work,
particularly as to Common Areas; and (viii) obtain all necessary governmental approvals. Such
Work shall not unreasonably interfere with the business operations on any other Parcel and shall
not block or impede the Shopping Center ingress or egress from public streets. The party
performing such Work shall limit all construction work and staging areas to its own Parcel and
not encroach on any Common Areas on any other Parcel and shall not utilize parking areas of
any other Parcel. In connection with Work performed within the Permissible Building Areas of
the constructing Owner, incidental encroachment upon the Common Area of the party
performing such work may occur in the use of ladders, scaffolding, store -front barricades and
similar facilities resulting in temporary obstruction of portions of such Common Area, if such
encroachment is kept within reasonable requirements of such Work expeditiously pursued. For
construction purposes, the Common Areas may be utilized: (a) for ingress and egress of vehicles
transporting construction materials and equipment and persons employed in connection with
such Work (but each Owner performing Work shall, to the extent reasonably possible and
subject to Section 2.5, limit such access to its own Parcel) and (b) temporary storage and parking
on the constructing Owner's Parcel of materials and vehicles in connection with such Work. All
such Work for which a license is granted above (i) which will be performed by an Owner on
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another Owner's Parcel (subject to Section 2.5), or (ii) which would adversely affect the ingress
and egress to the Shopping Center, the availability of parking and/or circulation of traffic in the
Shopping Center, or the operation and supply of common utility facilities to or in the Shopping
Center shall be undertaken only after giving the other Owners thirty (30) days prior written
notice of the Work to be undertaken, and the scope, nature, duration, location and extent of the
Work. Such notice shall include any plans and specifications for the Work ("Plans"). No such
Work shall be performed in the Common Areas without the prior written consent of the Owner
of the Lowe's Parcel, such consent not to be unreasonably withheld, conditioned or delayed. In
the event of any emergency involving an immediate and imminent threat of substantial harm or
injury to persons or property, only such notice as may be reasonable under the circumstance shall
be required.
Section 4.6. Compliance in Construction:
All work which an Owner undertakes pursuant to this ECCR shall comply with the Plans, the
requirements of all applicable governmental authorities, public bodies and other entities (such as
public utilities) having jurisdiction, and all applicable laws, ordinances, rules and regulations,
including procurement of all licenses and permits required for such Work. The consent by the
Owner of the Lowe's Parcel of any such Work or Plans, under any provisions of this ECCR,
shall not constitute any assumption of responsibility for the accuracy, sufficiency or propriety of
such Work or Plans, nor shall such consent constitute a representation or warranty that such
Work or Plans will be economic to construct or will comply with law.
Section 4.7. Construction Insurance.
(A) Prior to commencing any construction activities within the Shopping Center, each
Owner/Occupant shall obtain or require its contractor to obtain and thereafter maintain so long as
such construction activity is occurring, at least the minimum insurance coverage set forth below:
(i) Worker's Corn ensation and Ern to er's ability Insurance. The general
contractor and each of its subcontractors shall carry workers' compensation and employer's
liability coverage as outlined below
(a) Worker's compensation insurance as required by any applicable
law or regulation with statutory limits.
M,
26
(b) Employer's liability insurance in the amount of $1,000,000 each
accident for bodily injury, $1,000,000 policy limit for bodily injury by disease and $1,000,000
each employee for bodily injury by disease.
(ii) Commercial General Liability Insurance. Commercial General Liability
insurance covering all operations by or on behalf of the general contractor and any
subcontractors, which shall include the following minimum limits of liability:
(a) $2,000,000 each occurrence for bodily injury, death and property
damage;
(b) $5,000,000 per project aggregate for products and completed
operations (which shall be maintained for a three (3) year period following final completion of
work); and
(c) $5,000,000 per project general aggregate.
The commercial general liability policy shall include coverage for contractual liability and shall
be endorsed to include coverage for Explosion, Collapse and Underground (XCU) hazard, if
applicable. If the commercial general liability policy does not provide for per project aggregate
limits as required herein, then the insuring party shall carry coverage sufficient to bring the
aggregate limits for the general aggregate and the products/completed operations aggregate to
not less than $10,000,000 each (may include excess liability coverage).
(iii) Automobile Liabili Insurance. Automobile liability insurance covering
any auto with minimum combined single limit of $1,000,000 for bodily injury, death and
property damage. The general contractor shall require each of its subcontractors to maintain
automobile liability insurance covering any auto with minimum combined single limit of
$1,000,000 for bodily injury, death and property damage.
(iv) Builders Risk Insurance. Builder's Risk insurance with limits equal to the
replacement costs of the improvements on a completed value basis, including coverage for on -
site materials and materials in -transit or stored off -site, naming the Developer, Owner, the
general contractor and subcontractors as insureds.
(B) If the construction activity involves the use of another Parcel, then the Owner and
mortgagee of such Parcel shall each be additional insured(s) under the commercial general,
liability required herein and such insurance shall provide that the insurance shall not be canceled
without endeavoring to provide thirty (30) days prior written notice to the additional insureds. If
27 7�
such insurance is canceled or expires, then the constructing party shall immediately stop all work
on or use of the other Owner's Parcel until either the required insurance is reinstated or
replacement insurance obtained. Each Owner or occupant, as the case may be, shall supply or
cause its general contractor to supply each Owner with certificates with respect to all insurance
required by this Section. The insurance required pursuant to this Section 4.7 shall be primary for
any claims resulting from the performance by or on behalf of general contractor of the services
herein.
(C) All insurance required herein shall be procured from companies authorized to do
business in the United States and shall be rated by A.M. Best at not less than A-NII. The
commercial general liability insurance may be provided under (i) an individual policy covering
this location with per project minimum limits of $2,000,000 per occurrence and aggregate limits
of $5,000,000 each general aggregate and products/completed operations aggregate, (ii) a blanket
policy or policies which includes other liabilities, properties and locations of such party
(provided, however, that if such blanket commercial general liability insurance policy or policies
contain a general policy aggregate of less than $10,000,000, then such insuring party shall also
maintain excess liability coverage necessary to establish a total aggregate limit of $10,000,000
each for the general aggregate and the products/completed operations aggregate), (iii) a plan of
self-insurance, provided that any party so self -insuring notifies the other parties of its intent to
self -insure and agrees that upon request it shall deliver to such other parties each calendar year a
copy of its annual report that is audited by an independent certified public accountant which
discloses that such party (as to Lowe's such party shall consist of Lowe's and its parent
corporation) has a net worth in excess of $200,000,000 as determined by generally accepted
accounting principles consistently applied, or (iv) a combination of any of the foregoing
insurance programs. A party is excused from the requirement to deliver a copy of its annual
report provided a copy is publicly available through the internet or similar means. To the extent
of any deductible carried by a party, such party shall be deemed to be covering the amount
thereof under an informal plan of self-insurance; provided, however, that in no event shall any
deductible exceed $250,000 unless such party complies with the requirements regarding self-
insurance pursuant to (iii) above. Each party agrees to furnish to any party requesting in writing
the same, a certificate(s) of insurance evidencing that the insurance required to be carried by
such party is in full force and effect.
28 �P v
(D) The insurance required above shall provide that except with respect to the limits
Of insurance, the coverage applies separately to each insured against whom claim is made or suit
is brought and contains no cross -claim exclusions. All insurance required pursuant to this
Section 4.7 shall be written on an occurrence form utilizing the most current ISO policy form (or
equivalent).
Section 4.8. Damage and Destruction:
In the event of the destruction or damage to any extent to any Buildings or Improvements in the
Shopping Center, the affected Owner shall either: (1) diligently commence and pursue
completion of the repair or restoration of such Building or Improvement, or (2) within ninety
(90) days after the destruction or damage, level such Building or Improvement, remove the
debris and keep the Parcel neat, orderly, planted in grass and mowed/trimmed(or otherwise
treated for dust and weed control) until subsequently improved, constructed upon and operated
and so that the Parcel is in a clean, orderly, sightly and safe condition. In the event any Building,
structure or other Improvement on an Outparcel shall be damaged or destroyed by any fire or
other casualty, the Owner, lessee or user of the Outparcel shall within thirty (30) days of such
damage or destruction (a) commence to repair and/or reconstruct such improvements to the
condition required by this Section; or (b) level such Building or improvement, remove the debris
from the Outparcel and keep the Outparcel neat, orderly, planted in grass and mowed/trimmed
until subsequently improved, constructed upon and operated and so that the Parcel is in a clean,
orderly, sightly and safe condition.
Section 4.9 Eminent Domain:
(A) Owner's Re ht to Award. Nothing herein shall be construed to give any Party any
interest in any award or payment made to any other Party in connection with any exercise of
eminent domain or transfer in lieu thereof affecting said other Party's Parcel giving the public or
any government any rights in said Parcel. In the event of any exercise of eminent domain or
transfer in lieu thereof of any part of the Common Area located in the Shopping Center, the
award attributable to the land and improvements of such portion of the Common Areas shall be
payable only to the Owner thereof, and no claim thereon shall be made by the Owners of any
other portion of the Common Area.
29
(B) Collateral Claims. All other Owners of the Common Area may file collateral
claims with the condemning authority for their losses which are separate and apart from the
value of the land area and improvements taken from another Owner.
(C) Tenant's Claim. Nothing in this Section 4.9 shall prevent a tenant from making a
claim against an Owner pursuant to the provisions of any lease between tenant and Owner for all
or a portion of any such award or payment.
(D) Restoration of Common Area. The Owner of any portion of the Common Area so
condemned shall promptly repair and restore the remaining portion of the Common Area within
its respective Parcel as nearly as practicable to the condition of the same immediately prior to
such condemnation or transfer, to the extent that the proceeds of such award are sufficient to pay
the cost of such restoration and repair and without contribution from any other owner.
ARTICLE V
MAINTENANCE TAXES AND INSURANCE
Section 5.1. Maintenance:
Each Owner of the Developer Parcel and any Outparcels (if subdivided) shall self -maintain, at
each party's own expense, the Building(s), improvements and the Common Areas on its Parcel
and Outparcel in good order and condition and state of repair in accordance with the standards of
good shopping center operation including (but not limited to) sweeping and removal of trash,
litter and refuse, painting and striping of parking areas, repair and replacement of paving as
necessary, maintenance of landscaped areas (including replacement and replanting), removal of
ice and snow from driveways and parking areas, and maintenance and repair or lighting
standards and signs. Each Owner of the Developer Parcel and any Outparcels (if subdivided)
covenants that it, in addition to other requirements of this Section, will keep the inside and
outside of all glass in the doors and windows of its buildings clean; will maintain its buildings at
its own expense in a clean, orderly and sanitary condition and free of insects, rodents, vermin
and other pests; will not permit accumulation of garbage, trash rubbish and other refuse, and will
remove same at its own expense, and will keep such refuse in proper containers or compactors in
places designated therefore until called for to be removed; and will keep the Common Areas on
its Parcel/Outparcel clear of accumulations of ice and snow. The maintenance and repair of the
Buildings and Improvements on each Parcel should be of such a character that their appearance
will be that of a unified shopping center and, accordingly, the Parties agree to cooperate with
30
each other in good faith with respect to said maintenance and repair and, to the extent reasonably
possible, coordinate such repair and maintenance.
(A) Ling: Each Owner shall cause the Common Area on its Parcel to be
adequately lit for at least the hours during which the business on the Lowe's Parcel is open for
business and for one (1) hour after Closing. In the event an Owner wishes to have the Common
Area lights on another Owner's Parcel, illuminated before or after the required time period, an
Owner shall have the right, at any time, to require the Owner that controls the lighting on such
Parcel to keep the Common Area lights it controls operating as stipulated by the requesting
Owner, provided that the requesting Owner provides written notice to the other Owner not less
than fifteen (15) days in advance and agrees to reimburse the other Owner 110% of the
reasonable cost for such additional operation, including electrical power and bulbs, within forty-
five (45) days of receipt of an invoice with reasonable documentation of the costs..
(B) Maintenance of No Chan a Shared Access Drive The Owner of the Lowe's
Parcel shall be responsible for all ongoing maintenance and repair of the East-West No Change
Shared Access Drive at its sole cost and expense, and the Owner of the Developer Parcel shall be
responsible for all ongoing maintenance and repair of the North -South No Change Shared
Access Drive at its sole cost and expense.
Section 5.2 Maintenance Director. Subject to the mutual agreement of each of the
Consenting Owners, a third party may be appointed to maintain and repair the Common Areas in
the manner as above outlined (the "Maintenance Director"). The Maintenance Director may
receive for such agency a fee that is mutually acceptable to the Consenting Owners to cover
supervision, management, accounting and similar fees. The cost of all maintenance and repair
activities undertaken by the Maintenance Director, together with the agency fee, shall be
prorated between all Owners based upon acreage owned. An Owner shall pay its proportional
share of all such costs and fees within thirty (30) days following its receipt of a detailed invoice
thereafter.
Section 5.3 Failure in Performing Maintenance Re onsibilities. In the event that an
Owner fails or defaults in its maintenance obligations as set forth in Section 5.1, which failure
continues for a period of thirty (30) days (ten [10] business days in the event of a failure to pay
money) after receipt of written notice thereof specifying the particulars of such failure, such
failure shall constitute a breach under the ECCR and either Consenting Owner (the "Curing
31 W__
Party") may thereafter perform such maintenance obligations, in addition to such Owner's other
remedies. The Curing Party shall then invoice the defaulting Owner for the expenses incurred.
The defaulting Owner shall have fifteen (15) days to pay the Curing Party after receipt of the
invoice. If the defaulting Owner does not so pay, the Curing Party shall have a lien on the Parcel
of the defaulting Owner for the amount of the invoice, which amount shall bear interest at the
Default Rate from the date of expiration of said fifteen (15) day period until paid.
Section 5.4 Taxes. The Owner of each Parcel shall pay or cause to be paid, prior to
delinquency, directly to the appropriate taxing authorities all real property taxes and assessments
which are levied against such Owner's Parcel. In the event an Owner fails to pay when due all
taxes and assessments described herein, which failure continues for a period of ten (10) days
after written notice thereof, such failure shall constitute a breach under this ECCR and either
Consenting Owner (the "Curing Party") may, in addition to such Owners' other remedies,
thereafter pay such taxes if such taxes are delinquent and the owing Owner has not commenced
and is not duly prosecuting any contest of such taxes. The Curing Party shall then invoice the
defaulting Owner for the expenses incurred. The defaulting Owner shall have ten (10) business
days after receipt of the invoice to pay the Curing Party. If the defaulting Owner does not so
pay, the Curing Party shall have a lien on the Parcel of the defaulting Owner for the amount of
the invoice, which amount shall bear interest at the Default Rate from the date of expiration of
said ten (10) business day period until paid.
Section 5.5 Insurance. Each Owner will at all times maintain or cause to be maintained
with respect to its Parcel and all Buildings and Improvements thereon: (i) commercial property
insurance insuring against risk of direct physical loss or damage, including the perils of flood and
earthquake, for the full replacement cost of the Building(s) and Improvements located thereon
and (ii) commercial general liability insurance (including contractual liability coverage) against
claims for bodily injury, death or property damage occurring on, in or about such Owner's Parcel
with minimum limits of not less than TWO MILLION DOLLARS ($2,000,000.00) per
occurrence. Nothing herein shall be construed from prohibiting an Owner which has a net worth
in excess of TWO HUNDRED MILLION DOLLARS ($200,000,000), as determined by
generally accepted accounting principles consistently applied, from self -insuring for such
insurance coverage (the net worth requirement may be met through the combined net worth of
the contracting Owner and its parent corporation). All insurance required pursuant to Section 5.5
32�
shall be written on an occurrence form utilizing the most current ISO policy form (or equivalent).
Each Owner agrees to furnish to any other Owner requesting in writing, a certificate(s) of
insurance evidencing that the insurance required to be carried by such Owner is in full force and
effect.
Section 5.6 Failure to g4U Insurance. In the event an Owner fails to maintain the
insurance described above, which failure continues for a period of ten (10) days after written
notice thereof, such failure shall constitute a default under this ECCR and the Owner of the
Lowe's Parcel and/or the Owner of the Developer Parcels (the "Curing Party") may, in addition
to such Owners' other remedies, thereafter obtain and pay for such insurance. The Curing Party
shall then bill the defaulting Owner for the expenses incurred. The defaulting Owner shall have
fifteen (15) days within which to pay the bill. If the defaulting Owner does not so pay, the
Curing Party shall have a lien on the Parcel of the defaulting Owner for the amount of the bill,
which amount shall bear interest at the Default Rate from the date of expiration of said
fifteen (15) days period until paid.
Section 5.7 Cross Indenirkv. To the extent not covered by the insurance policies
described above, each Owner (the "Indemnitor") will pay, and indemnify, defend and hold
harmless the other Owner (the "Indemnitee") from and against, all liabilities, losses, damages,
costs, expenses (including attorneys' fees and expenses), causes of action, suits, claims, demands
or judgments of any nature arising from: (i) any injury to or death of a person or loss of or
damage to property occurring on the Indemnitor's Parcel; (ii) any use or condition of the
Indemnitor's Parcel; and (iii) any negligence or tortious acts of the Indemnitor or any of his
tenants, licensees, agents or employees.
Section 5.8 Waiver of Subrogation. Each Owner (the "Releasor") hereby releases the
other Owners (the "Releasees"), to the extent of their agreed insurance coverage or any amounts
covered under a program of self insurance pursuant to Section 5.5, from any and all liability for
any loss or damage caused by fire or any of the losses covered by the releasing party's property
insurance or loss covered by the releasing party's commercial general liability insurance, even if
such property or casualty loss shall be brought about by the fault or negligence of the other
Owner. The Owners agree to include in their insurance a clause permitting such release. Failure
by any Owner to include this release in their insurance policies shall relieve all other Owners
from the obligation to grant the release as to such failing Owner. Except as provided herein,
33
nothing contained in this agreement shall be deemed to release any party from liability for
damages resulting from the fault or negligence of that party or its agents, contractors or
employees.
ARTICLE VI
DEFAULT REMEDIES
Section 6.1. Default:
The occurrence of any one or more of the following events shall constitute a breach of this
ECCR by the non -performing party (the "Defaulting Owner,,):
(A) The failure to perform any obligation of Article V hereof and to cure such failure
within the time requirements cited therein which shall be a breach under this ECCR without
necessity of any further notice to the defaulting party other than as provided for in Article V;
(B) The failure to make any payment required to be made hereunder within ten (10)
business days of the due date which shall be a breach under this ECCR without necessity of any
notice to the defaulting party, or
(C) The failure to observe or perform any other of the covenants, conditions or
obligations of this ECCR or to abide by the restrictions and requirements herein provided, other
than as described in (A) above, which shall be a breach under this ECCR after expiration of
thirty (30) days after the issuance of a notice by a non -defaulting Owner ("Non -Defaulting
Owner") specifying the nature of the default claimed.
Section 6.2. Remedies for all Owners:
Each non -defaulting Owner shall have the right to prosecute any proceedings at law or in equity
against any Owner or any other person for breach of any easement or restriction benefiting such
non -defaulting Owner. Such proceeding shall include the right to restrain by injunction any such
violation or threatened violation and to obtain a decree to compel performance of any such
easements or restrictions. No Permittee shall have the right to bring any action to enforce any
provision of this ECCR and no enforcing Owner shall have the obligation to join any Permittee
in any action to enforce this ECCR.
Section 6.3. Right to Cure:
With respect to any default under Section 6.1, any Non -Defaulting Owner who is a Consenting
Owner (the "Curing Owner") shalI have the right, but not the obligation, in addition to any
remedy available at law or equity, to cure such default by the payment of money or the
34 %*r
performance of some other action for the account of and at the expense of the defaulting Owner
(except as otherwise limited in Article V); provided, however, that in the event the default shall
constitute an emergency condition involving an immediate and imminent threat of substantial
injury or harm to persons or property, the Curing Owner, acting in good faith, shall have the right
to cure such default upon such advance notice as is reasonably possible under the circumstances
or, if necessary, due to such emergency, without advance notice, so long as notice is given as
soon as possible thereafter. To effectuate any such cure, the Curing Owner shall have the right
to enter upon the Parcel of the defaulting Owner (but not into any Building) to perform any
necessary work or fumish any necessary materials or services to cure the default of the
defaulting Owner. Each Owner shall be responsible for the non-performance or default of its
Occupants and lessees. In the event any Curing Owner shall cure a default, the defaulting Owner
shall reimburse the Curing Owner for all costs and expenses incurred in connection with such
curative action, plus interest at the Default Rate, within ten (10) business days of receipt of
demand, together with reasonable documentation supporting the expenditures made.
Section 6.4. Liens:
Costs and expenses accruing and/or assessed pursuant to Section 6.3 above and the amounts
described in Section 6.1 shall constitute a lien against the defaulting Owner's Parcel. A lien
under this Section 6.4 or under Article V shall attach and take effect upon recordation of a claim
of lien in the applicable real estate records office of the county in which the said Parcel is
located, by the Curing Owner or Curing Party making the claim or upon such earlier date or
event specified in this ECCR. If a claim of lien is recorded, it shall include the following:
(A) The name and address of the lien claimant;
(B) A statement concerning the basis for the claim of lien and identifying the lien
claimant as a Curing Owner and/or Curing Party;
(C) An identification by name and address (if known) of the Owner or reputed Owner
of the Parcel or interest therein against which the lien is claimed;
(D) A description of the Parcel against which the lien is claimed;
(E) A description of the work performed which has given rise to the claim of lien;
(F) A statement itemizing the total amount due, including interest;
(G) A statement that the lien is claimed pursuant to the provisions of this ECCR,
reciting the date, book and page of recordation hereof.
14/
35
The notice shall be duly acknowledged and contain a certificate that a copy thereof has been
served upon the Owner against whom the lien is claimed, by personal service or by mailing
pursuant to Section 7.4 below. The lien so claimed shall attach from the date of recordation
solely in the amount claimed thereby and may be enforced in any judicial proceedings allowed
by law, including without limitation, suit in the nature of a suit to foreclose a mortgage or
mechanic's lien under the applicable provisions of the law of the State in which the Shopping
Center is located.
Section 6.5. Cumulative Remedies:
All of the remedies permitted or available to a Consenting Owner under this ECCR or at law or
in equity shall be cumulative and not alternative, and invocation of any such right or remedy
shall not constitute a waiver or election of remedies with respect to any other permitted or
available right or remedy.
Section 6.6. No Waiver:
No delay or omission of any Owner in the exercise of any right accruing upon any default of any
other Owner shall impair any such right or be construed to be a waiver thereof, and every such
right may be exercised at any time during the continuance of such default. No waiver by any
Owner of any default under this ECCR shall be effective or binding on such Owner unless made
in writing by such Owner and no such waiver shall be implied from any omission by an Owner
to take action in respect to such default. No express written waiver of any default shall affect
any other default or cover any other period of time other than any default and/or period of time
specified in such express waiver. One or more written waivers or any default under any
provision of this ECCR shall not be deemed to be a waiver of any subsequent default in the
performance of the same provision or any other term or provision contained in this ECCR.
Section 6.7. No Termination for Breach:
No breach, whether or not material, of the provisions of this ECCR shall entitle any Owner to
cancel, rescind or otherwise terminate this ECCR, but such limitation shall not affect, in any
manner, any other rights or remedies which any Party may have hereunder by reason of any
breach of the provisions of this ECCR.
Section 6.8. Limitation of Liability:
Notwithstanding the foregoing, any person acquiring fee or leasehold title to a Parcel, or any
portion thereof, shall be bound by this ECCR only as to the Parcel or portion of the Parcel
36 �cD
acquired or possessed by such person. In addition, such person shall be bound by this ECCR
only during the period such person is the fee leasehold Owner or occupant of such Parcel or
portion of the Parcel; and, upon conveyance or transfer of the fee or leasehold interest shall be
released from liability hereunder, except as to the obligations, liabilities or responsibilities that
accrue prior to such conveyance or transfer. Although persons may be released under this
Section 6.8, the easements, covenants and restrictions in this ECCR shall continue to be benefits
to and servitudes upon said Parcels running with the land.
Section 6.9. Attome s Pees:
In the event of a breach hereof, the non -prevailing Owner shall pay the reasonable attorney's fees
(and the reasonable attorneys' fees on appeal) of the prevailing Owner.
ARTICLE VII
MISCELLANEOUS
Section 7.1. Esto el Certificates:
Each Owner shall upon not less than thirty (30) days from receipt of written notice from the
requesting Owner execute and deliver to the requesting Owner, not more often than once in any
calendar year for no charge, an estoppel certificate stating that (i) either this ECCR is unmodified
and in full force and effect or are modified (and stating the modification); and (ii) whether or not
such Owner has sent any notice of any default to any other Owner under this ECCR.
Section 7.2. Tenn and Pe etui :The agreements, conditions, covenants, and
restrictions created and imposed herein shall be effective upon the date hereof and shall continue
in full force and effect, to the benefit of and being binding upon all Owners, their heirs,
executors, administrators, successors, successors -in -title, and assigns for a term of sixty (60)
years from the date hereof, and shall be renewed automatically for successive ten (10) year
periods, unless the Owners terminate or affirmatively elect not to renew this ECCR by the
consent of all the Owners pursuant to a writing recorded in the real property records of the
county and state in which the Shopping Center is located. Said agreements and restrictions shall
be unaffected by any change in the ownership of any real property covered by this ECCR or by
any change of use, demolition, reconstruction, expansion or other circumstances, except as
specified herein. Notwithstanding the foregoing, the easements contained herein binding and
benefiting the Parcels shall be perpetual and shall run with the land. Upon termination of the
agreements, conditions, covenants and restrictions of this ECCR, all rights and privileges derived
37i
from and all duties and obligations created and imposed by the provisions of this ECCR, except
as related to the easements cited and mentioned herein, shall terminate and have no further force
or effect. Entire A regiment
This ECCR, together with any Exhibits referred to herein, constitute the entire agreement
between the parties hereto. The Parties do not rely upon any statement, promise or
representation no herein expressed.
Section 7.4. Amendment:
This ECCR may not be amended except by agreement of the Consenting Owners in writing.
Any amendment that would materially and substantially change the easements granted under
Article 2, the uses permitted under Article 3, or the development requirements of Article 4 shall
require the prior written consent of any Owner reasonably likely to be materially adversely
impacted by such amendment, which consent shall not be unreasonably withheld, conditioned or
delayed.
Section 7.5. Transfer of Interests- Notices:
(A) In the event that any person or entity (the "Acquiring Party") shall acquire a fee or
mortgage interest in any Parcel subject to this ECCR, or any portion thereof, the Acquiring Party
shall execute and file in the land records of King County, State of Washington, a statement
setting forth the name of the Acquiring Party, the address of the Acquiring Party to which all
notices for the purposes of this ECCR may be sent, the nature of the interest held by the
Acquiring Party, and the date that such interest was acquired (the "Notice Statement").
Contemporaneously with such filing, the Acquiring Party shall also send by certified mail, return
receipt requested, or deposit with a nationally recognized overnight delivery service, a copy of
such Notice Statement to all other Owners of any Parcel subject to this ECCR, or any portion
thereof, as reflected by the Notice Statements then of record in the land records of King County,
State of Washington (the "Existing Interest Holders"). Until such time as an Acquiring Party
files and mails such Notice Statement in accordance with the terms of this Section, it shall not be
entitled to receive any notice required or permitted to be given under this ECCR, and the
Existing Interest Holders shall have no obligation to give any such notice to the Acquiring Party.
Any change of address shall require the filing and mailing of a new Notice Statement. Until such
time as the Notice Statement for such change of address is effective pursuant to the terms of this
Section, the last address of said party shall be deemed to be the proper address of said party. It is
38 \' V
understood and agreed that the provisions of this Section 19.1 regarding the recordation of the
Notice Statement are satisfied with respect to Developer and Lowe's.
(B) Any notice or invoice required or permitted to be given under this ECCR shall be
in writing and shall be deemed to have been given upon deposit in the United States Mail as
certified mail, return receipt requested, postage prepaid or deposit with a nationally recognized
overnight delivery service, and addressed to the Party being notified at the address given below
(or such other address which any party may designate for itself from time to time hereafter by
written notice to the other Party):
Developer: AMERCO Real Estate Company
2727 N. Central Avenue
Phoenix, AZ 85004
Attention: Jennifer Hudgins
Lowe's: Lowe's HIW, Inc.
1000 Lowe's Blvd.
Mooresville, NC 28117
Attention: Legal Department (NB6LG)
Copy to: Lowe's HIW, Inc.
1530 Faraday Avenue, Suite #140
Carlsbad, CA 92008
Attention: Real Estate Department
Section 7.6. Ground Lessee Assi nment:
The rights and obligations of any Owner hereunder may be assigned in whole or in part to one or
more ground lessees which rights and obligations shall be expressly assumed by such ground
lessee or lessees for the term of the ground lease or leases between such Owner and such ground
lessee or lessees.
Section 7.7. No Covenant to Continuously Operate:
The Owner of the Lowe's Parcel is not obligated to continuously operate a business on the
Lowe's Parcel and, specifically, is not obligated to continuously operate or operate for any
specific period of time a Lowe's building supply or home improvement retail warehouse or any
store on the Lowe's Parcel. Nothing contained in this ECCR shall be construed, interpreted or
otherwise read to require the Owner of the Lowe's Parcel to operate a business on the Lowe's
Parcel or to prevent the Owner of the Lowe's Parcel from closing its business on the Lowe's
Parcel.
39�
Section 7.8. 5everabili :
In the event any provision or portion of this ECCR is held by any court of competent jurisdiction
to be invalid or unenforceable, such holding will not affect the remainder hereof, and the
remaining provisions shall continue in full force and effect to the same extent as would have
been the case had such invalid or unenforceable provision or portion never been a part hereof.
Section 7.9. No Public Dedication:
Nothing contained herein shall be deemed or implied to be a gift, grant or dedication of the
Shopping Center or any portions thereof, to the general public, or for any public use or purpose
whatsoever. Except as may be specifically provided herein, no right, privileges or immunities of
any Owner hereto shall inure to the benefit of any third -party, nor shall any third -party be
deemed or considered to be a beneficiary of any of the provisions herein contained.
Section 7.10. Coun� t_ eroarts:
This ECCR may be executed in one or more counterparts, each of which shall be deemed an
original and all such counterparts shall constitute one and the same instrument.
Section 7. 11. Relationship of the Parties:
Nothing contained herein shall be construed or interpreted as creating a partnership, joint
enterprise or joint venture between or among the Parties hereto or the Owners. It is understood
that the relationship between the Parties hereto and Owners is an arms length one that shall at all
times be and remain that of separate owners of real property. No Party hereto nor any Owner
shall have the right to act for or on behalf of another Party or Owner, as agent or otherwise,
unless expressly authorized to do so by separate written instrument signed by the Party or Owner
to be charged or bound, except as otherwise specifically provided herein.
Section 7.124 Construction of Documents.
Each of the Parties has participated in negotiations in the drafting of the terms and conditions of
this ECCR, the Parties agree that this ECCR shall be construed without regard to the identity of
the person or Party who drafted the various provisions and any rule of construction that a
document is to be construed against the drafting party shall not be applicable. Whenever
required by the context of this ECCR, the singular shall include the plural, and vice versa, and
the masculine shall include the feminine and neuter genders, and vice versa.
40
Section 7.13. Governing Law
This ECCR shall be governed by and construed in accordance with the laws of the state of
Washington. The Parties hereby consent and submit to the jurisdiction and forum of the state
and federal courts in the State of Washington in all questions and controversies arising out of this
Agreement.
Section 7.14. Waiver of Jury Trial
THE PARTIES AND ALL PERSONS WHOSE RIGHTS DERIVE BY, THROUGH OR
UNDER SUCH PARTIES, HEREBY WAIVE ALL RIGHT TO TRIAL BY JURY IN ANY
CLAIM, ACTION, PROCEEDING OR COUNTERCLAIM ON ANY MATTERS ARISING
OUT OF OR IN ANY WAS CONNECTED WITH THIS ECCR.
Section 7.15. Non -Merger
So long as Lowe's is Owner or lessee of the Lowe's Parcel, this ECCR shall not be subject to the
doctrine of Merger.
Section 7.16. Headiness
The headings herein are inserted only as a matter of convenience and for reference and in no way
define, limit or describe the scope or intent of this ECCR nor in any way affect the terms and
provisions hereof.
IN WITNESS WHEREOF, the Parties hereto have executed and delivered this ECCR as
of the day and year first written above.
[Remainder of Page Left Intentionally Blank; Signatures on Following Pages]
41
Signature Page for Lowe's (ECCR):
LOWE'S:
Lowe's HIW, Inc.,
a Washington/ corporation
Name:
Title:
STATE OF NORTH CAROLINA )
COUNTY OF WILKES ss.
)
ON THIS day of 2012, before me, the undersigned, a Notary
Public in and for said County and State, personally appeared _
to me personally known to be the person described in and who executed the foregoing
instrument, who, being by me first duly sworn, stated that he/she is the _ut_
of LOWE'S HIW, INC., a Washington corporation, and that he/she executed -such instrument on
behalf of said corporation by authority of its board of directors, and said person acknowledged to
me that he/she executed such instrument as the act and deed of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year last above written.
My Commission Expires:
Notary Public
Printed Name:
42
MAN
Signature Page for Developer (ECCR):
AMERCO REAL ESTATE COMPANY
a Nevada corporation
Date:
STATE OF )
) ss.
COUNTY OF )
Name:
Title:
ON THIS day of , 2012, before me, the undersigned, a Notary
Public in and for said County and State, personally appeared
to me personally known to be the person described in and who executed the foregoing
instrument, who, being by me first duly swom, stated that he/she is the
of a , and that he/she executed such instrument on
behalf of said corporation by authority of its board of directors, and said person acknowledged to
me that he/she executed such instrument as the act and deed of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year last above written.
My Commission Expires:
Notary Public
Printed Name:
43
EXHIBITS
Schedule 1
Legal Descri Lion of the Lowe's Parcel
That certain real property, situated in the County of King, State of Washington, more
particularly described as follows:
LOT 2 OF FEDERAL WAY BOUNDARY LINE ADJUSTMENT FILE #06-102635-00-SU
RECORDED AS DOCUMENT NO.2007-0130900008 ON JANUARY 30, 2007.
In
44
Schedule II
Legal DescriLtion the Developer Parcel
That certain real property, situated in the County of King, State of Washington, more
particularly described as follows:
LOT 1 OF FEDERAL WAY BOUNDARY LINE ADJUSTMENT FILE #06-102635-00-SU
RECORDED AS DOCUMENT NO.2007-0130900008 ON JANUARY 30, 2007.
Lm
45
EXHIBIT A
Site Plans
(Exhibit A- L A-2 and A-3)
M
EXHIBIT A-1
Y!�
EQUIPMENT SHUNTING AREA -
OUTDOOR STORAGE BUILDING AREA -
MAXIMUM SQUARE FOOTAGE - MSF
EXHIBIT A-3
133HLS H199C S
f
r r
r ,
,
D I
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s ,
, IJ,
33HLS ONZSE'S
Form WA-5 (6/76)
Commitment Face Page
COMMITMENT FOR TITLE INSURANCE
File No.: NCS-505093-SAl
Updated to 1-19-
2012
RECEIVE®
MAR 0 6 2012
CITY OF FEDERAL WAY
CDS
Issued by
FIRSTAMERICAN TITLEINSURANCECOMPANY
First American Title Insurance Company, herein called the Company, for valuable consideration, hereby
commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the
proposed Insured named in Schedule A, as owner or mortgagor of the estate or interest covered
hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges
therefor; all subject to the provisions of Schedules A and B and to the Conditions and Stipulations
hereof.
This Commitment shall be effective only when the identity of the proposed Insured and the amount
of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either
at the time of the issuance of the Commitment or by subsequent endorsement.
This Commitment if preliminary to the issuance of such policy or policies of title insurance and all
liability and obligations hereunder shall cease and terminate six (6) months after the effective date
hereof or when the policy or policies committed for shall issue, whichever first occurs, provided that
the failure to issue such policy or policies is not the fault of the Company. This Commitment shall not
be valid or binding until countersigned by an authorized officer or agent.
IN WITNESS WHEREOF, the Company has caused this commitment to be signed and sealed, to
become valid when countersigned by an authorized officer or agent of the Company, all in accordance
with its By -Laws. This Commitment is effective as of the date shown in Schedule A as "Effective Date."
FirstAmerican Title Insurance Company
*�attE F�s�.Ai
ti ..
By: �. President
d � 1951
J
`
*0*II F0vo,
- I
Attest: Secretary
By: �-� Countersigned
V fffJJJ
First American Title Insurance Company
Form WA-5 (6/76)
Commitment
To
1.
3.
4.
FirstAmerican Title Insurance Company
National Commercial Services
3281 E Guasti Road, Suite 440, Ontario, CA 91761
(909)510-6200 - FAX (909)510-6201
Daisy Howell
(714)250-8381
dhowell@firstam.com
Tom Zowarka
(909)510-6212
tzowarka@firstam.com
Lowe's HIW, Inc.
1530 Faraday Avenue, Suite 140
Carlsbad, CA 92008
Attn: Diana L. Farace
SCHEDULE A
Commitment Date: January 19, 2012 at 7:30 A.M.
Policy or Policies to be issued:
File No.: NCS-505093-SA1
Page No. 1
Shauna Smith
(909)510-6215
shaunsmith@firstam.com
File No.: NCS-505093-SAl
Your Ref No.:
AMOUNT PREMIUM TAX
Extended Owner's Coverage $ 5,000,000.00 $ '8,700.00 $ 826.50
Proposed Insured:
AMERCO Real Estate Company, a Nevada corporation
The estate or interest in the land described on Page 2 herein is Fee Simple, and title thereto is
at the effective date hereof vested in:
Lowe's HIW, Inc., a Washington corporation
The land referred to in this Commitment is described as follows:
The land referred to in this report is described in Exhibit "A" attached hereto.
First American Title Insurance Company
Form WA-5 (6/76)
Commitment
EXHIBIT 'A'
LEGAL DESCRIPTION:
File No.: NCS-505093-SAI
Page No. 2
LOT 1 OF FEDERAL WAY BOUNDARY LINE ADJUSTMENT NO. 06-102635-00-SU, RECORDED UNDER RECORDING
NO. 20070130900008, IN KING COUNTY, WASHINGTON.
First American Tit/e Insurance Company
Form WA-5 (6/76)
Commitment
SCHEDULE B - SECTION 1
REQUIREMENTS
The following are the Requirements to be complied with:
File No.: NCS-505093-SAl
Page No. 3
Item (A) Payment to or for the account of the Grantors or Mortgagors of the full consideration for the
estate or interest to be insured.
Item (B) Proper instrument(s) creating the estate or interest to be insured must be executed and duly
filed for record.
Item (C) Pay us the premiums, fees and charges for the policy.
Item (D) You must tell us in writing the name of anyone not referred to in this Commitment who will
get an interest in the land or who will make a loan on the land. We may then make
additional requirements or exceptions
SCHEDULE B - SECTION 2
GENERAL EXCEPTIONS
The Policy or Policies to be issued will contain Exceptions to the following unless the same are disposed
of to the satisfaction of the Company.
A. Taxes or assessments which are not shown as existing liens by the records of any taxing
authority that levies taxes or assessments on real property or by the public records.
B. Any facts, rights, interest, or claims which are not shown by the public records but which could
be ascertained by an inspection of said land or by making inquiry of person in possession thereof.
C. Easements, claims of easement or encumbrances which are not shown by the public records.
D. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts
which a correct survey would disclose, and which are not shown by public records.
E. (1) Unpatented mining claims; (2) reservations or exceptions in patents or in acts authorizing the
issuance thereof; (3) Water rights, claims or title to water; whether or not the matters excepted
under (1), (2) or (3) are shown by the public records; (4) Indian Tribal Codes or Regulations,
Indian Treaty or Aboriginal Rights, including easements or equitable servitudes.
F. Any lien, or right to a lien, for services, labor, materials or medical assistance theretofore or
hereafter furnished, imposed by law and not shown by the public records.
G. Any service, installation, connection, maintenance, construction, tap or reimbursement
charges/costs for sewer, water, garbage or electricity.
H. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in
the public records or attaching subsequent to the effective date hereof but prior to the date the
proposed insured acquires of record for value the estate or interest or mortgages thereon
covered by this Commitment.
FirstAmerican Title Insurance Company
Form WA-5 (6/76) File No.: NCS-505093-SAI
Commitment Page No. 4
SCHEDULE B - SECTION 2
(continued)
SPECIAL EXCEPTIONS
1. Lien of the Real Estate Excise Sales Tax and Surcharge upon any sale of said premises, if
unpaid. As of the date herein, the excise tax rate for the City of Federal Way is at 1.78%.
Levy/Area Code: 1205
For all transactions recorded on or after July 1, 2005:
A fee of $10.00 will be charged on all exempt transactions;
• A fee of $5.00 will be charged on all taxable transactions in addition to the
excise tax due.
2. General Taxes for the year 2011.
Tax Account No.:
292104-9096-04
Amount Billed:
$
115,076.71
Amount Paid:
$
115,076.71
Amount Due:
$
0.00
Assessed Land Value:
$
3,847,600.00
Assessed Improvement Value:
$
4,372,400.00
3. Facility Charges, if any, including but not limited to hook-up, or connection charges and
latecomer charges for water or sewer facilities of Federal Way Water and Sewer District of King
County, Washington as disclosed by instrument recorded August 4, 1986 and May 12, 1989
under Recording Nos. 8608041129 and 8905120210.
4. The terms and provisions contained in the document entitled "Agreement", executed by and
between Federal Way Water and Sewer District, a municipal corporation and STRS Associates,
recorded February 6, 1991 as Instrument No. 9102060982 of Official Records.
5. Terms, covenants, conditions and restrictions as contained in recorded Lot Line Adjustment
(Boundary Line Revision) BLA-91-0005 :
Recorded: January 16, 1992
Recording Information: 9201169003
6. This item has been intentionally deleted,
7. This item has been intentionally deleted.
8. This item has been intentionally deleted.
Easement, including terms and provisions contained therein:
Recording Information: June 9, 1992 under Recording No. 9206090954
In Favor of: Puget Sound Power and Light Company, a Washington
corporation
For: Underground electric transmission and/or distribution system
Affects: as described therein
First American Title Insurance Company
Form WA-5 (6/76) File No.: NCS-505093-SAI
Commitment Page No. 5
10. The terms and provisions contained in the document entitled "License" recorded August 20, 1992
as Recording No. 9208200620 of Official Records.
11. The terms and provisions contained in the document entitled "Real Property License", executed
by and between R & B Development, Inc. and Federal Way Water and Sewer District, King
County, Washington, recorded September 22, 1992 as Instrument No. 9209220402 of Official
Records.
12. The terms and provisions contained in the document entitled "License to the City of Federal
Way", executed by and between R & B Development, Inc. and City of Federal Way, a Washington
municipal corporation, recorded October 1, 1993 as Instrument No. 9310010585 of Official
Records.
13. The terms and provisions contained in the document entitled "License", executed by and
between Lowe's HIW, Inc., a Washington State corporation and City of Federal Way, a
Washington municipal corporation, recorded July 21, 2006 as Instrument No. 20060721001186 of
Official Records.
14. The terms, provisions and easement(s) contained in the document entitled "Reciprocal Access
and Parking Easement Agreement" recorded August 4, 2006 as Recording No.
20060804000865 of Official Records.
15. The terms, provisions and easement(s) contained in the document entitled "No Build Easement
Agreement" recorded August 4, 2006 as Recording No. 20060804000866 of Official Records.
16. The terms and provisions contained in the document entitled "Agreement", executed by and
between Lakehaven Utility District, King County, a municipal corporation and Lowe's HIW, Inc.,
recorded November 22, 2006 as Instrument No. 20061122000786 of Official Records.
The lien of said agreement has been released by instrument recorded under Recording No.
20080527001671.
17. The terms and provisions contained in the document entitled "Declaration of Covenant"
recorded January 30, 2007 as 20070130001507 of Official Records.
18. Restrictions, conditions, dedications, notes, easements and provisions, if any, as contained
and/or delineated on the face of the Federal Way BLA 06-102635-00-SU recorded under
Recording No. 20070130900008, in King County, Washington.
19. Easement, including terms and provisions contained therein:
Recording Information: 20080527001647
In Favor of: Lakehaven Utility Distric
For: Water facilities
INFORMATIONAL NOTES
A. Effective January 1, 1997, and pursuant to amendment of Washington State Statutes relating to
standardization of recorded documents, the following format and content requirements must be
met. Failure to comply may result in rejection of the document by the recorder.
First American Title Insurance Company
Form WA-5 (6/76) File No.: NCS-505093-SAI
Commitment Page No. 6
B. Any sketch attached hereto is done so as a courtesy only and is not part of any title commitment
or policy. It is furnished solely for the purpose of assisting in locating the premises and First
American expressly disclaims any liability which may result from reliance made upon it.
C. The description can be abbreviated as suggested below if necessary to meet standardization
requirements. The full text of the description must appear in the document(s) to be insured.
Lot 1, Federal Way BLA 06-102635-00-SU, Rec. 20070130900008
APN: 292104-9096-04
D. According to the application for title insurance, title is to vest in AMERCO Real Estate Company, a
Nevada corporation.
Examination of the records discloses no matters pending against said party(ies).
E. A fee will be charged upon the cancellation of this Commitment pursuant to the Washington
State Insurance Code and the filed Rate Schedule of the Company.
END OF SCHEDULE B
First American Title Insurance Company
Form WA-5 (6/76)
Commitment
`� •. 1sF N ,
FirstAmerican Title Insurance Company
National Commercial Services
COMMITMENT
Conditions and Stipulations
File No.: NCS-505093-SAI
Page No. 7
The term "mortgage" when used herein shall include deed of trust, trust deed, or other security
instrument.
2. If the proposed Insured has or acquires actual knowledge of a defect, lien, encumbrance,
adverse claim or other matter affecting the estate or interest or mortgage thereon covered by
this Commitment, other than those shown in Schedule B hereof, and shall fail to disclose such
knowledge to the Company in writing, the Company shall be relieved from liability for any loss or
damage resulting from any act or reliance hereon to the extent the Company is prejudiced by
failure to so disclose such knowledge. If the proposed Insured shall disclosure such knowledge
to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien,
encumbrance, adverse claim or other matter, the Company at its option, may amend Schedule B
of this Commitment accordingly, but such amendment shall not relieve the Company from liability
previously incurred pursuant to paragraph 3 of these Conditions and Stipulations.
Liability of the Company under this Commitment shall be only to the named proposed Insured
and such parties included under the definition of Insured in the form of Policy or Policies
committed for, and only for actual loss incurred in reliance hereon in undertaking in good faith
(a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B,
or (c) to acquire or create the estate or interest or mortgage thereon covered by this
Commitment. In no event shall such liability exceed the amount stated in Schedule A for the
Policy or Policies committed for and such liability is subject to the Insuring provisions, exclusion
from coverage, and the Conditions and Stipulations of the form of Policy or Policies committed for
in favor of the proposed Insured which are hereby incorporated by references, and are made a
part of this Commitment except as expressly modified herein.
4. Any claim of loss or damage, whether or not based on negligence, and which arises out of the
status of the title to the estate or interest or the lien of the Insured mortgage covered hereby or
any action asserting such claim, shall be restricted to the provisions and Conditions and
Stipulations of this Commitment.
First American Title Insurance Company
Form WA-5 (6/76)
Commitment
The First American Corporation
First American Title Insurance Company
National Commercial Services
PRIVACY POLICY
We Are Committed to Safeguarding Customer Information
File No.: NCS-505093-SAI
Page No. 8
In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be
concerned about what we will do with such information particularly any personal or financial information. We agree that you have a right to know how
we will utilize the personal information you provide to us. Therefore, together with our parent company, The First American Corporation, we have
adopted this Privacy Policy to govern the use and handling of your personal information.
Applicability
This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may use information we
have obtained from any other source, such as information obtained from a public record or from another person or entity. First American has also
adopted broader guidelines that govern our use of personal information regardless of its source. First American calls these guidelines its Fair
Information Values, a copy of which can be found on our website at www.firstam.com.
Types of Information
Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include:
Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by
telephone or any other means;
Information about your transactions with us, our affiliated companies, or others; and -
Information we receive from a consumer reporting agency.
Use of Information
We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not
release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as
permitted by law. We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such
information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of
nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers,
such as title insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such
as appraisal companies, home warranty companies, and escrow companies. Furthermore, we may also provide all the information we collect, as
described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other financial institutions
with whom we or our affiliated companies have joint marketing agreements.
Former Customers
Even if you are no longer our customer, our Privacy Policy will continue to apply to you.
Confidentiality and Security
We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal
information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best
efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy
Policy and First American's Fair Information Values. We currently maintain physical, electronic, and procedural safeguards that comply with federal
regulations to guard your nonpublic personal information.
c 2001 The First American Corporation - All Rights Reserved
First American Title Insurance Company
31919 Is' Ave S, Suite 101 1 Federal, Way, WA 98003 1 253.925.5565 1253.925.5750 (f)
Affidavit of Publication
Rudi Alcott, being first duly sworn on oath, deposes and says that he is the
Publisher of The Federal Way Mirror, a weekly newspaper. That said
newspaper is published in the English language continually as a weekly
newspaper in Federal Way, King County, Washington, and is now and
during all of said time has been printed in an office maintained by the
aforementioned place of publication of said newspaper.
That the annexed is a true copy of a legal advertisement placed by
City of Federal Way - Community Development Department
as it was published in regular issues (and not in supplemental form) of said
newspaper once each week for a period of one consecutive weeks(s),
commencing on the 1 st day of June 2012, and ending on the 1 st day of
June 2012, both dates inclusive, and that such newspaper was regularly
distributed to its readers during all of said period.
That the full amount of the fee charged for the foregoing publication is the
sum of $162.95, which amount has been paid in full, or billed at the legal
rate according to RCW 65.16.090.
Subscribed to and sworn before me this 26th day of June 2012.
Notary Public in and for the State of Washington,
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Federal Way
NOTICE OF MASTER LAND USE APPLICATION
AND
OPTIONAL DETERMINATION OF
NONSIGNIFICANCE (DNS)
Project Name: U-Haul Federal Way
Project Description: The applicant proposes to re-
develop an existing 109,304 square -foot building,
changing the use from a home improvement ware-
house to a self -storage center. The U-Haul center
will provide self -storage, mini storage. warehouse
storage, truck/trailer rental, towing equipment
sales and installation, as well as retail sales of
moving supplies. The project will also include re-
moval of parking lot landscaping and parking stalls
to provide an equipment shunting area and addi-
tional storage units. Additional site improvements
are also included.
Applicant: David Pollock, U-Haul International,
2727 North Central Avenue, Phoenix, Arizona,
65004
Project Location: 35205 Enchanted Parkway
South, Federal Way
Date Application Received: March 6.2012
Date Determined Complete: May 24, 2012
Date of Notice of Application: June ), 2012
Comment Due Date: June 18, 2012
Environmental Review: Based upon review of a
completed environmental checklist, and other in-
formation on file with the Clty, it is likely that the
City of Federal Way will determine that the project
will not have a probable significant adverse impact
on the environment and expects to issue a Deter-
mination of Nonsignificance (DNS) for this project.
The optional DNS process in WAC 197-11-355 is
being used. This may be your only opportunity to
comment on the environmental impacts of the pro-
posed project. The proposal may include mitiga-
tion measures under applicable codes, and the re-
view process may incorporate or require mitigation
measures regardless of whether an environmental
impact statement (EIS) is prepared. A copy of the
subsequent threshold determination for the specif-
ic proposal may be obtained upon request,
Agencies, tribes, and the public are encouraged to
review and comment on the proposed project and
its probable environmental impacts. Comments
must be submitted by the date noted above.
Permits Under Review: Use Process III (File
#12-101022-UP), Building Permit (File #'s
12-101776, 12-101774, & 12-101773-CO) and
State Environmental Policy Act Threshold Determi-
nation (File #12-101023-SE)
Environmental Documents & Studies: Environ-
mental Checklist
Relevant Envirenmenlaf Documents Are Avail-
able at the Address Below: Yes
Development Regulalions Used for Project Miti-
gation: Federal Way Revised Code (FWRC) Title
14, "Environmental Policy;" Title 16 "Surface Water
Management," and Title 19, "Zoning and Develop-
ment Code"
Public Comment & Appeals: Any person may
submit written comments on the land use applica-
tion or the environmental impacts of the proposal
to the Director of Community and Economic Devel-
opment by 5:00 p.m. on June 18, 2912. Only per-
sons who submit written comments to the Director
(address below) or specifically request a copy of
the decision, may appeal the decision. However,
any interested party may appeal the environmental
threshold determination. Details of appeal proce-
dures for the requested land use decision will be
included with the written decision.
Issuance of Final Environmental Delermination:
The final Determination of Nonsigniticance (DNS)
may be issued without a second comment perlod.
unless timely comments identify probable signifi-
cant adverse impacts that were not considered by
the Notice of Optional DNS. A copy of the DNS
may be obtained upon request.
Availability of File: The official project fife is
available for public review at the Department of
Community and Economic Development, 33325
8th Avenue South. Federal Way, WA 981101
Staff Contact: Assistant Planner Becky Chapin,
253-835-2641
Published in the Federal Way Mirror on June 1,
2012.
FWM 1898