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19-104499 (3)CITY OF FEDERAL WAY COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW COMMITTEE TRANSMITTAL DATE: September 24, 2019 TO: Cole Elliott, Development Services Manager Rick Perez, City Traffic Engineer Brian Asbury, Lakehaven Water & Sewer District Chris Cahan, South King Fire & Rescue FROM: Natalie Kamieniecki, Associate Planner FOR DRC MTG. ON: October 3, 2019 - Internal Completeness Review FILE NUMBER(s): 19-104499-SU PROJECT NAME: VILLAGE GREEN PROJECT ADDRESS: 35429 2ND AVE SW ZONING DISTRICT: RS 9.6 PROJECT DESCRIPTION: Binding site plan to divide lot into 2 parcels. LAND USE PERMITS: PROJECT CONTACT: POWELL FAMILY LAND COMPANY MATERIALS SUBMITTED: Master Land Use Application Parcel Map Check Report Water Certificate of Availability Sewer Certificate of Availability Site Photographs Preliminary Technical Information Report Village Green Binding Site Plan Preliminary Binding Site Plan Engineering Plan MASTER LAND USE APPLICATION RECEIVED DEPARTMENT OF COMMUNITYhAvenO South 33325 8`h Avenue South CITY OF vz�*�hhl4 p •}nu�� Federal Way, WA 98003-6325 Federal 1�Va SEP I v `253-835-2607; Fax 253-835-2609 www.cit ❑frederalwa .com I;rrr OF FEDERAL WAY =: COMMUHfTY DEVELOPMEM' APPLICATION NO(S) !IQ 9 y 61 ` Date Project Name Village Green of Federal Way Property Address/Location lrt)204 SW 354t13 Street Parcel Number(s) 302104-9146 Project Description 2-Lot Binding Site Plan to divide existing commercial site (senior housing) PIN ASF. 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/Project SEPA Only Shoreline: Variance/Conditional Use Short Subdivision Subdivision Variance: Commercial/Residential Required Information RS RS 9.6 Zoning Designation Single Family -High Comprehensive Plan Designation $770.000 Value of Existing Improvements TBD Value of Proposed Improvements Inlernalional Building Code (IBC): LC (LICENSED CARE) Occupancy Type TBD Construction Type Applicant Name: BROOKS POWELL Address: P. O. BOX 98309 City/State: DES MOINES, — Zip: 98198 Phone: Fax: 206.824.8001 C9L ( J4L� 000A JAOV4-W.S ��C . Ckt A& Email: Signature: Age (if di f ercnt than Applicant] -- Name: Address: City/State: Zip: Phone: SAME Fax: Email: Signature: Owner Name: Address: Powell Family Land Company,LLC y City/State: Zip: c/o Brooks Powell Phone: P.O. Box 98309- Fax: O,e - oines, WA 9 198 Email: /' Si gnatur Bulletin #003 — January 1, 2011 Page 1 of 1 k:lHandouts\Master Land Use Application 1iIIII;k CITY OF Federal Way NOTICE OF APPLICATION Village Green Binding Site Plan Project Name: Village Green Binding Site Plan (BSP) Project Description: Proposed land division of one existing 4.85-acre Single -Family Residential (RS 9.6) zoned lot into two separate lots. One lot will be 3.79 acres and the other lot will be 1.06 acres. Applicant: Powell Family Land Company, LLC Project Location: 35429 2nd Avenue SW, Federal Way Date of Application: September 18, 2019 Date Determined Complete: October 3, 2019 Date of Notice of Application: October 25, 2019 Requested Decision and Other Permits Included with this Application: The applicant requests a binding site plan decision (File # 19-104499-SU) issued by the Director of Community Development pursuant to Federal Way Revised Cade (FWRC) Chapter 18�0. The department has determined the application is categorically exempt from threshold determination procedures pursuant to the State Environmental Policy Act (SEPA) Rules 197-11-800(6). Existing Environmental Documents: N/A Development Regulations to Be Used for Project Mitigation: FWRC Title 16 "Surface Water Management"; FWRC Title 18 "Subdivisions'; Title 19 "Zoning and Development Cods." Consistency with Applicable City Plans and Regulations: The project will be reviewed for consistency with all applicable codes and regulations including the Federal Way Comprehensive Plan; Federal Way Revised Code; and Public Works Department Development Standards. Public Comment & Appeals: Any person may submit written comments on the application to the Director of Community Development by November 8, 2019. Only persons who submit written documents to the director, or specifically request a copy of the original decision may appeal the director's decision. The written appeal containing items listed in FWRC 18.30.140(2) must be delivered to the department within 14 calendar days after issuance of the decision. Availability of File and Environmental Documents: The official project file is available for public review during normal business hours at the Community Development Department, 33325 8t" Avenue South, 2" Floor, Federal Way, WA 98003. Staff Contact: Associate Planner Natalie Kamieniecki, natalie.kamieniecki@cityoffederalway.com, 253-835-2638 Printed in the Federal Way Mirror October 25, 2019. 19-104499-SU Doc ID 79680 CITY OF Federal Way DEPARTMENT OF COMMUNITY DEVELOPMENT 33325 81h Avenue South Federal Way WA 98003 253-835-7000; Fax 253-835-2609 www.c*iivoffederalway.com DECLARATION OF DISTRIBUTION I, E. Tina Piety hereby declare, under penalty of perjury of the laws of the State of Washington, that a: El Notice of Land Use Application/Action ❑ Land Use Decision Letter ❑ Notice of Determination of Significance (DS) and Scoping Notice ❑ Notice of Environmental Determination of Nonsignificance (SEPA, DNS) ❑ Mitigated Environmental Determination of Nonsignificance (SEPA, MDNS) ❑ Notice of Land Use Application & Optional DNS/MDNS ❑ FWRC Interpretation n ❑ 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 ❑x emailed ❑ mailed ❑ faxed and/or ❑ posted to or at each of the attached addresses on October 23, 2019 Project Name Village Green Binding Site Plan File Number(s) 19-104499-SU Signature Date _ October 23 2019 A CITY OF Federal Way NOTICE OF APPLICATION Village Green Binding Site Plan Project Name: Village Green Binding Site Plan (BSP) Project Description: Proposed land division of one existing 4.85-acre Single -Family Residential (RS 9.6) zoned lot into two separate lots. One lot will be 3.79 acres and the other lot will be 1.06 acres. Applicant: Powell Family Land Company, LLC Project Location: 35429 2nd Avenue SW, Federal Way Date of Application: September 18, 2019 Date Determined Complete: October 3, 2019 Date of Notice of Application: October 25, 2019 Requested Decision and Other Permits Included with this Application: The applicant requests a binding site plan decision (File #19-104499-SU) issued by the Director of Community Development pursuant to Federal Way Revised Code (FWRC) Chapter 18.20. The department has determined the application is categorically exempt from threshold determination procedures pursuant to the State Environmental Policy Act (SEPA) Rules 197-11-800(6). Existing Environmental Documents: N/A Development Regulations to Be Used for Project Mitigation: FWRC Title 16 "Surface Water Management"; FWRC Title 18 "Subdivisions"; Title 19 "Zoning and Development Code." Consistency with Applicable City Plans and Regulations: The project will be reviewed for consistency with all applicable codes and regulations including the Federal Way Comprehensive Plan; Federal Way Revised Code•, and Public Works Department Development Standards. Public Comment & Appeals: Any person may submit written comments on the application to the Director of Community Development by November 8, 2019. Only persons who submit written documents to the director, or specifically request a copy of the original decision may appeal the director's decision. The written appeal containing items listed in FWRC 18.30.140(2) must be delivered to the department within 14 calendar days after issuance of the decision. Availability of File and Environmental Documents: The official project file is available for public review during normal business hours at the Community Development Department, 33325 8' Avenue South, 2nd Floor, Federal Way, WA 98003. Staff Contact: Associate Planner Natalie Kamieniecki, natalie.kamieniecki@cityoffederalway.com, 253-835-2638 Printed in the Federal Way Mirror October 25, 2019. 19-104499-SU Doc ID 79680 Tina From: Gale Gwin <ggwin@kentreporter,com> Sent: Wednesday, October 23, 2019 10:03 AM To: Tina Piety Subject: Re: Legal Notice Thank you Tina, I received the notice (Village Green BSP NOA) to be published in the Federal Way Mirror Friday October 25, 2019. Have a good day, Gale On Wed, Oct 23, 2019 at 9:44 AM Tina Piety <Tina.Piet cit afFederaiwa .com> wrote: Hello, Please publish the attached legal notice (Village Green Binding Site Plan NOA, 19-104499-SU) in the Federal Way Mirror's Friday (10/25/2019) issue. Please furnish an affidavit of publication. This is for the Community Development account83722477. Thank you, Tina E. Tina Piety, CAP, OM Administrative Assistant II Federal Way Community Development Department 33325 81h Avenue South Federal Way, WA 98003-6325 Phone:253/835-2601 Fax: 253/835-2609 www_cityoffederalwav com 1 CITY OF . Federal Way VILLAGE GREEN BINDING SITE PLAN NO. # - -SU CITY OF FEDERAL WAY KING COUNTY, WASHINGTON AUTHORIZATION AND INDEMNIFICATION KNOW ALL PEOPLE BY THESE PRESENTS THAT WE, THE UNDERSIGNED OWNERS OF INTEREST IN THE LAND HEREBY SUBDIVIDED, HEREBY DECLARE THIS BINDING SITE PLAN TO BE THE GRAPHIC REPRESENTATION OF THE BINDING SITE PLAN MADE HEREBY. FURTHER, THE UNDERSIGNED OWNERS OF THE LAND HEREBY SUBDIVIDED WAIVE FOR THEMSELVES, THEIR HEIRS AND ASSIGNS AND ANY PERSON OR ENTITY DERIVING TITLE FROM THE UNDERSIGNED, AND ANY AND ALL CLAIMS FOR DAMAGES AGAINST THE CITY OF FEDERAL WAY, IT SUCCESSORS AND ASSIGNS WHICH MAY BE OCCASIONED BY THE ESTABLISHMENT, CONSTRUCTION, OR MAINTENANCE OF ROADS AND/OR DRAINAGE SYSTEMS WITHIN THIS BINDING SITE PLAN OTHER THAN CLAIMS RESULTING FROM INADEQUATE MAINTENANCE BY THE CITY OF FEDERAL WAY. FURTHER, THE UNDERSIGNED OWNERS OF THE LAND HEREBY SUBDIVIDED AGREE FOR THEMSELVES, THEIR HEIRS AND ASSIGNS TO INDEMNIFY AND HOLD THE CITY OF FEDERAL WAY, ITS SUCCESSORS AND ASSIGNS, HARMLE.SS FROM ANY DAMAGE, INCLUDING ANY COSTS OF DEFENSE, CLAIMED BY PERSONS WITHIN OR WITHOUT THIS SUBDIVISION TO HAVE BEEN CAUSED BY ALTERATIONS OF THE GROUND SURFACE, VEGETATION, DRAINAGE, OR SURFACE OR SUB -SURFACE WATER FLOWS WITHIN THIS SUBDIVISION OR BY ESTABLISHMENT, CONSTRUCTION OR MAINTENANCE OF THE ROADS WITHIN THIS BINDING SITE PLAN. PROVIDED, THIS WAIVER AND INDEMNIFICATION SHALL NOT BE CONSTRUED AS RELEASING THE CITY OF FEDERAL WAY, ITS SUCCESSORS OR ASSIGNS, FROM LIABILITY FOR DAMAGES, INCLUDING THE COST OF DEFENSE, RESULTING IN WHOLE OR IN PART FROM THE NEGLIGENCE OF THE CITY OF FEDERAL WAY, ITS SUCCESSORS, OR ASSIGNS. THIS SUBDIVISION, WAIVER OF CLAIMS AND AGREEMENT TO HOLD HARMLESS IS MADE WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF SAID OWNERS. IN WITNESS WHEREOF WE SET OUR HANDS AND SEALS ON BEHALF OF POWELL FAMILY LAND COMPANY, LLC DATE DATE STATEGF 1 )SS COUNTY OF ) I CERTIFY THAT I KNOW OR HAVE SATISFACTORY EVIDENCE THAT SIGNED THIS DEDICATION AND ON OATH STATED THAT R0SHN tA64SAU'TIIPMZED O EXECUTE THE INSTRUMENT AND ACKNOWLEDGED ITAS THE OF TO BE THE FREE AND VOLUNTARY ACT OF SUCH PARTY FOR THE USES AND PURPOSES MENTIONED IN THE INSTRUMENT. SIGNATURE OF NOTARY PUBLIC PRINTED NAME OF NOTARY PUBLIC TITLE MY APPOINTMENT EXPIRES STATE OF ) )SS COUNTY OF ) I CERTIFY THAT I KNOW OR HAVE SATISFACTORY EVIDENCE THAT SIGNED THIS DEDICATION AND ON OATH STATED THAT tHHSHEI WAS AVTMMZED TO EXECUTE THE INSTRUMENT AND ACKNOWLEDGED IT AS THE OF TO aE THE FREEAND VOLUNTARY ACT OF SUCH PARTY FoR THE USES AND PURPOSES MENTIONED IN THE INSTRUMENT. DATED SIGNATURE OF NOTARY PUBLIC PRINTED NAME OF NOTARY PUBLIC TITLE MY APPOINTMENT EXPIRES APPROVALS: KING COUNTY RECORDING NO. CITY OF FEDERAL WAY DEPARTMENT OF ASSESSMENTS EXAMINED AND APPROVED THIS_ DAY OF_ 20 EXAMINED AND APPROVED THIS_ DAY OF-. 20 PORTION OF DIRECTOR OF PUBLIC WORKS EXAMINED AND APPROVED THIS_ DAY OF 20_ DIRECTOR OF COMMUNITY DEVELOPMENT DEPUTY ASSESSOR ACCOUNT NUMEER 302104- 9146 LEGAL DESCRIPTIONS - ORIGINAL EASEMENTS, CONTINUED * TITLE INFORMATION PER CHICAGO TITLE COMPANY OF WASHINGTON COMMITMENT NO. 0115051-06, DATED APRIL 30, 2018. LOT 11-B OF BOUNDARY LINE ADJUSTMENT NO. 11-103696-00-SU RECORDED NOVEMBER 2, 2011, UNDER RECORDING NO. 20111102900001, RECORDS OF KING COUNTY, WASHINGTON. SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. TOGETHER WITH NON-EXCLUSIVE EASEMENTS FOR THE PURPOSES OF VEHICULAR AND PEDESTRIAN ACCESS; INGRESS AND EGRESS; AND GENERAL UTILITIES, INCLUDING RIGHTS OF CONSTRUCTION, OPERATION, MAINTENANCE, REPAIR, REPLACEMENT AND REMovAL, AS SET FORTH IN THAT CERTAIN RECIPROCAL EASEMENT AND .JOINT USE AND MAINTENANCE AGREEEMENT DATED NOVEMBER 14, 2011, RECORDED NOVEMBER 17, 2011, UNDER RECORDING NUMBER 20111117001134- ALSO TOGETHER WITH NON-EXCLUSIVE EASEMENTS FOR THE PURPOSES OF STORM WATER FACILITIES AND POND AS SET FORTH IN THAT CERTAIN STORM WATER EASEMENT AGREEMENT DATED SEPTEMBER 4, 2018, RECORDED SEPTEMBER 5, 2018, UNDER RECORDING NUMBER 20180905000575. VOL./PAGE NE 1/4 of NE 1/4, S. 30 T. 21 N., R. 04 E., W.M. A1 KCRN 20010606000376 AND MODIFIEDPERKCRN'S- 20020808001539, 20040114002177. 20041021000079, 20050929002962 AND 20060126000473 - NOTHING TO SHOW ACONDITIONS AND RESTRICTIONS ON FACE OF LOT LINE 14 ADJUSTMENT PER KCRN 20011205900002 - NONE LISTED SEWER AND WATER DEVELOPER EXTENSION AGREEMENT PER KCRN 20050929002960 AND MODIFIED PER KCRN'S 20061122000795, 20071120000478, 20090210000436. 20100803000172, 20110405000167, 20120618001868, 20121002001340 AND 20130430002121 - NOTHING TO SHOW DRAINAGE RELEASE COVENANT AND EASEMENT PER KCRN A20060626002497 AND CORRECTED PER KCRN 20061031001521 A - SHOWN QLICENSE TO ENTER PROPERTY PER KCRN 20071217000017 - DOCUMENT CONTAINS NO DESCRIBED EASEMENT, UNABLE TO BE SHOWN ® NO RESPOND B' OF ITEM NUMBOER RT. 18 20080226001717 - NOTHING TO SHOW EASEMENTS UTILITY FACILITIES EASEMENT PER KCRN 20080305000581 - EASEMENT ON FACE OF SHORT PLAT PER KING COUNTY 19 DESCRIBED "AS CONSTRUCTED" AND UNABLE TO BE SHOWN IL RECORDING NO. (KCRN) 7708100901 - SHOWN ® WATER AND SEWER FACILITIES EASEMENT PER KCRN WATER SUPPLY AND SEWER SYSTEM DEVELOPERS EXTENSION 20090114001?11 - SHOWN 2 AGREEMENT PER KCRN 8802100726 - NOTHING TO SHOW AFFORDABLE HOUSING COVENANT PER KCRN 20100218000744 SANITARY SEWER AND WATER DISTRIBUTION SYSTEMS A - NOTHING TO SHOW CONNECTION CHARGES AGREEMENT PER KCRN 9604081934, Q SENIOR HOUSING COVENANT PER KCRN 20100216000745 - 3 MODIFIED PER KCRN 9705161353 AND RELEASED PER KCRN 19990929001213 - NOTHING TO SHOW NOTHING TO SHOW SEWER AND WATER CONNECTION CHARGES AGREEMENT PER Q CONDITIONS AND RESTRICTIONS ON FACE OF LOT LINE 4 KCRN 9604081935 - NOTHING TO SHOW ADJUSTMENT PER KCRN 20111102900001 - NONE LISTED UTILITY FACILITIES EASEMENT PER KCRNS 9609031406 - A RECIPROCAL ACCESS EASEMENT PER KCRN 20111117001134 - 5 DOCUMENT CONTAINS NO DESCRIBED EASEMENT, UNABLE TO BE SHOWN SHOWN LICENSE TO ENTER PROPERTY PER KCRN 20180129001079 - QUTILITY FACILITIES EASEMENT PER KCRN 9609031407 - DOCUMENT CONTAINS NO DESCRIBED EASEMENT, UNABLE TO 6 DOCUMENT CONTAINS NO DESCRIBED EASEMENT, UNABLE TO BE BE SHOWN SHOWN MATTERS DISCLOSED BY SURVEY BY DUNCANSON COMPANY, CABLE TV DISTRIBUTION SYSTEM EASEMENT PER KCRN INC-, DATED FEB. 09, 2018 - SHOWN 7 9703211904 - DOCUMENT CONTAINS NO DESCRIBED EASEMENT, STORM WATER EASEMENT PER KCRN 20180905000575-SHOWN UNABLE TO BE'SHOWN A LICENSE TO ENTER PROPERTY PER KCRN 9706161537 - DOCUMENT CONTAINS NO DESCRIBED EASEMENT, UNABLE TO BE 6 E SHOWN SANITARY SEWER AND WATER DISTRIBUTION SYSTEMS CONNECTION CHARGES AGREEMENT PER KCRN 9812160485 - 9 NOTHINGG TO SHOW ACCESS AND UTILITY EASEMENT PER KCRN 9901071544 - DOCUMENT INDICATES ROAD "INSTALLATION AND MAINTENANCE AOFROADS" AND "UTILITIES INSTALLATION AND MAINTENANCE" A ON ADJACENT PROPERTIES, BUT CONTAINS NO DESCRIBED EASEMENT, UNABLE TO BE SHOWN CONDITIONS AND RESTRICTIONS ON FACE OF LOT LINE AXADJUSTMENT PER KCRN 19990708900011 - TRACT X EASEMENT SHOWN ACCESS AND UTILITIES EASEMENT PER KCRN 20010227000472 AA- DOCUMENT INDICATES ROAD "SHALL BE CONSTRUCTED" AND UTILITIES "SHALL BE INSTALLED" AT "LOCATIONS AGREED TO", BUT CONTAINS NO DESCRIBED EASEMENT, UNABLE TO BE SHOWN AUDITOR'S CERTIFICATE LAND SURVEYOR'S CERTIFICATE 1ilW for record This day Of J 20 at M This Boundary Line Adjustment correctly represents a survey made by me 111 book of at page at the request of or under my direction in conformance with the requirements of the % Jonathan M. Becker. appropriate state and city statute and ordinance in MONTH , 20 19 . w ■ 277 4L LAIN Certificate No. 41277 (D DUNCANSO Coinffilp; Inc. CIVIL ENGINEERING - SURVEYING - LAND 145SW1551h Street, Ste. 102 Seattle, Washington LEGAL DESCRIPTIONS - BSP PARCEL A THAT PORTION fW LOT 11-0 OF BOUNDARY LINE ADJUSTMENT NO. 11--1Q369S--OD-SU RECORDED NOVEMBER Z 2011, UNDER RECORDING NO. 201111029ODOD1, RECORDS OF KING COUNTY, WASHINGTON. BEING A PORTION OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 21 NORTK RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 11-B; THENCE ALONG SAID SOUTH LINE OF LOT 11-B, NORTH 88-47'44" WEST 253.83 FEET; THENCE NORTH 18'13'33" EAST 191.17 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT HAVING A RADIUS OF 100.00 FEET; THENCE ALONG SAID CURVE 54.73 FEET THROUGH A CENTRAL ANGLE OF 3121'39"; THENCE NORTH 4935'12" EAST 36.74 FEET; THENCE SOUTH 4334'22" EAST 101.70 FEET; THENCE NORTH B356'04" EAST 71..00 FEET; THENCE SOUTH 71'27'52" WEST 189.48 FEET TO THE POINT OF BEGINNING; CONTAINING 46,318 SQUARE FEET, MORE OR LESS. TOGETHER IWTH NON-EXCLUSIVE EASEMENTS FOR THE PURPOSES OF VEHICULAR AND PEDESTRIAN ACCESS; INGRESS AND EGRESS; AND GENERAL UTILITIES, INCLUIING RIGHTS OF CONSTRUCTION, OPERATION, MAiNTEHANOE, REPAIR, REPLACEMENT AND REMOVAL, AS SET FORTH IN THAT CERTAIN RECIPROCAL EASEMENT AND JOINT USE AND MAINTENANCE AGREEEMENT DATED NOVEMBER 14, 2011, RECORDED NOVEMBER 17, 2011. UNDER RECORDING NUMBER 20111117001134. ALSO TOGETHER WITH NON-EXCLUSIVE EASEMENTS FOR THE PURPOSES OF STORM WATER FACILITIES AND POND AS SET FORTH IN THAT CERTAIN STORM WATER EASEMENT AGREEMENT D44TED SEPTE, BM 4, 2018, RECORDED SEPTEMBER S. 2018, UNDER RECORDING NUMBER 20180905000575. PARCEL B: THAT PORTION OF LOT 11-B OF BOUNDARY LINE ADJUSTMENT NO. 11-103696-00--SU RECORDED NOVEMBER 2, 2011, UNDER RECORDING NO. 201111029004D1. RECORDS OF KING COUNTY, WASHINGTON. BEING A PORTION OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID LUT 11-B; THENCE ALONG SAID SOUTH LINE OF LOT 11-B, NORTH 88'47'44" WEST 253.83 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 88'47'44" WEST 205.22 FEET TO A POINT THAT IS SOUTH 88'47`44" EAST 197.39 FEET; THENCE ALONG 11HE WEST, NORTH AND EAST LINES OF SAID LOT 11-B FOR THE FOLLOWING TEN (10) COURSES, NORTH 12-04'02" EAST 436.35 FEET; THENCE NORTH 23'18'46" EAST 155-92 FEET; - THENCE SOUTH 37'07'01" EAST 135.99 FEET; THENCE SOUTH 02-52.59" WEST 110.00 FEET; THENCE NORTH 897)B'19" EAST 112.07 FEET; THENCE SOUTH 1331'54" EAST 191.07 FEET; THENCE NORTH 7449'59" EAST 84.87 FEET-, THENCE SOUTH 15'01'02" EAST 87.11 FEET; THENCE SOUTH 01'55'35" EAST 76.67; THENCE SOUTH 38'0425" WEST 84.62 FEET; THENCE NORTH 01'27'52" EAST 52.06 FEET; THENCE SOUTH 83'56'04" WEST 71.00 FEET; THENCE NORTH 4334'22" WEST 101.70 FEET; THENCE SOUTH 4935'12" WEST 36.74 FEET TO THE BEGINNING OF A CURVE TO THE LEFT HAVING A RADIUS OF 100.00 FEET, THENCE ALONG SAID CURVE 54.73 FEET THROUGH A CENTRAL ANGLE OF 31'21'39"; THENCE SOUTH 18-13'33" WEST 191.17 FEET TO THE POINT OF BEGINNING; CONTAINING 155,182 SQUARE FEET, MORE OR LESS. TOGETHER WITH NON-EXCLUSIVE EASEMENTS FOR THE PURPOSES OF VEHICULAR AND PEDESTRIAN ACCESS; INGRESS AND EGRESS; AND GENERAL UTILITIES, INCLUDING RIGHTS OF CONSTRUCTION, OPERATION, MAINTENANCE, REPAIR, REPLACEMENT AND REMOVAL, AS SET FORTH IN THAT CERTAIN RECIPROCAL EASEMENT AND JOINT USE AND MAINTENANCE AGREEEMENT DATED NOVEMBF-4 14, 2011. RECORDED NOVEMBER 17. 2011, UNDER RECORDING NUMBER 20111117001134. ALSO TOGETHER WITH NON-EXCLUSIVE EASEMENTS FOR THE PURPOSES STORM WATER FACILITIES AND POND AS SET FORTH IN THAT CERTAIN ST WATER EASEMENT AGREEMENT DATED SEPTEMBER 4, 2018, RECORDED SEPTEMBER 5, 2018, UNDER RECORDING NUMBER 20180905000575. FEDERAL WAY BINDING SITE PLAN NO.: SE # ]'A FOR: POWELL FAMILY CITY C PLANNING LAND COMPANY, LZ'MUN 98166 OWN. BY JMB I DATE 9/17/2019 JOB NO. 98480.6 Phone: (106) 2444141 Fax (106) 2444455 CHh;D. BY JMB I SCALE N/A I SHEET 1 OF 2 CEIVED 18 2019 FEDERAL WAY YDEVELOPMENT Auditor CITY OF PORTION OF Federal Way VILLAGE GREEN BINDING SITE PLA NO.—#--# SU CITY OF FEDERAL WAY KING COUNTY, WASHINGTON FOUND 2" BRASS DISK W/PUNCH IN CASE SW 353RD PLACE S88-51.45-E 136.01' FOUND 1.75" BRASS 1 DISK W/"X" IN CASE I I I OWNER/ DEVELOPER NE 1/4 of NE 1/4, S. 30 T. 21 N., R. 04 E., W.M. N L°T2 1 �3 CO � 1 r� _ FOUND 2" ASSBR D1 ~ rySA �� LDT 12IT/ RLLE�p W/� PUNCH 1N CASE OI C11, �0-0120 LOT APR v- %�� Ps A t' LOT 1$ y6 i4BO "7 P PRET LI 130 Sgg,TAIGAO3720�0 ry r�. / J OOOS -` SCANY W g6-1aa �p� 23B pC"5 LOT 16 Y KHA)V %Ag7a 50'0�0�. _ Ott 87xp50_0150 AFN I + � _ I LOT 16 wo AIIA LOT 14 U? °°'''s7za50-01 I w POWEL FAMILY LAND COMPANY, LLC P.O. BOX 98309 DES MOINES, WA 98198 BUILDABLE LANDS CALCULATION GROSS PLAT AREA: 211,501 SF (4.86 AC) r CRITICAL AREA: N/A RIGHTS -OF -WAY: 55,445 SF (1.27 AC) PUBLIC PURPOSE: 281 SF (0.01 AC) NET PLAT AREA: 155,774 AF (3.58 AC) BASIS OF BEARING CITY OF FEDERAL WAY BOUNDARY LINE ADJUSTMENT NO. 11-103696-00-SU PER KING COUNTY RECORDING NO. 2011110290000 REFERENCES E PARCEL B 165,182 SF (3.79 AC) `� 40T 57 SCR & � n-0$j0 Ty 3p21p4R9146 1 Cy£ OS 8724i ' Q � Id' 1) CITY OF FEDERAL WAY BOUNDARY LINE ADJUSTMENT NO. 11-103696-00-SU PER KING COUNTY RECORDING NO. 2011110290000 2) PLAT OF TUSCANY WOODS, VOL. 236 OF PLATS, PGS. 96-100, RECORDS OF KING COUNTY. SURVEY NOTES 1) FIELD WORK CONDUCTED 1998-2018, UNLESS OTHERWISE NOTED. 2) THE RELATIVE POSITIONS SHOWN ON THIS SURVEY REPRESENT A FIELD TRAVERSE AND ARE REPORTED TO A RELATIVE ACCURACY THAT MEETS OR EXCEEDS A TOLERANCE OF 1:20,000. 3) THIS SURVEY WAS PERFORMED WITH A TOPCON GT3 ELECTRONIC THEODOLITE READING DIRECT TO 5 SECONDS OF ARC AND MEASURING DISTANCE t(3MMt(2PPMxD)). NGS BASELINE COMPARED DECEMBER, 2010. THIS SURVEY MEETS THE MINIMUM STANDARDS SET FORTH IN WAC 332-130. 4) COMPREHENSIVE PLAN DESIGNATION: SINGLE FAMILY, HIGH DENSITY (SUBJECT & SURROUNDING) 5) ZONING: RS9.6 (SUBJECT & SURROUNDING TO NORTH, SOUTH & WEST) AND RS7.2 (SURROUNDING TO EAST) LOT IS LOT 19 APN 872 50 001 80 MIAE K APN 8724500190E LOT 20 RICHA D 872450-020 0UL0 AFN LOT 21 5 LEACH WA�N2j0 AP8720 LOT 22 &'022 ENANNVEGA P812450 hGo1r OIV 4Pf AVE SW LLC APN 718i00-0010 LEGEND / UNIT 202E (UP)_,--" UNIT 25326B (DN) RECORDING NO. VOL./PAGE I GRAPHIC SCALE -7, r 1 r IN FEET ) 1 inch = 50 ft r II+ I SO 52'59 W f I W I I a li� I Q LLu I rn I 30' i � I 8 353 RD PLACE � Ila PRIV Fj Y WA EN FEDERAL 4 / I VILLAGEAPN30210b"442 ! ! N89'08'19"EI 1 1 / f 112.07' 1 22' UNrT 202A (UP) 1 rtINIT 2026A (qN)7 I 0 1 LOT 11.8 wAy T / o G1v of l NB ADJ" 5u BD�NNo.20,11 C) (0 z K(211,5Q1 SF/4.Bs 1 I • SET 5/8" REBAR & CAP, L.S. # 41277 0 SET MAC NAIL W/WASHER, L.S. # 41277 0 REBAR & CAP, L.S. # 30023 PER REFERENCE O REBAR & CAP, L.S. # 41038 PER REFERENCE APN ASSESSOR PARCEL NUMBER EXTERIOR BOUNDARY OF PLAT PROPERTY EXISTING STREET RIGHT-OF-WAY MARGIN — - - — EXISTING EASEMENT LINE PARCEL A 46,31E SF (1.06 AC) 83' II i LOT 1yz LINA'Y OF F Ok Uslto6w CIVy LINt; p0 5 U gOUN110 p10�"'ID p1 Z 11 1 � al � { l 1 vs j`}I 41}li i- n I n S 1 $88'04'25"W IIM � I lid � h I I o I VILLAGE LLC VILLAG EG EEN 04 Ag0171 tA rl�llr N88'47'44"W 459.05' ' CHARLES CHALFANT DALE & VIVIAN WIDEL 2 N D AVENUE SW APN 38700-0060 APN 738700-0070 60' PUBLIC RIGHT-OF-WAY FEDERAL WAY BINDING SITE PLAN NO.: ECEIVED 18 2019 - # CITY OF FEDERAL WAY DUN CANS N FOR:kii POWELL FAMILY COMMA ITY DEVELOPMENT CIVIL ENGINEERING - SURVEYING •LAND PLANNING LAND COMPANY, LLC 145SW755rhStreet, Ste. 102.Searcle,Washing- 981. OWN. BY JMB DATE 9/17/2019 JOB NO. 98480.6 Phone: (206)144-4141 Fa (206)2444455 CHKD. BY JMB SCALE NIA SHEET 2 OF 2 If a RaU�a as -AA y1 ,—AAA"l A • —"I ""1YV "Llx*Vaalb*A iL/ itiVV■ WIVJa✓V 1 "r1V 1 Record Date:1/2/2020 2:09 PM King County, WA !Il161tl!lII IIkI IIIII11111I1u1 uu1114111111 auI lumi ■ut oil im 20200102000860 1AGREEMENT ReC: S#09.60 I IN2024 2:09 PM I KING COUNTY. WA AFTER RECORDING RETURN TO: City of Federal Way Attn: Kevin Peterson, Public Works Department 33325 8th Avenue South Federal Way, WA 98003-6325 FIRST AMERICAN'- \'0 IOG50' TRACT "X" AGREEMENT Grantor (s): VILLAGE GREEN OF FEDERAL WAY, A RETIREMENT COMMUNITY, LLC, a Washington limited liability company Grantee (s): C= OF FEDERAL WAY, a Washington municipal corporation Abbreviated Legal Description: A portion of Lot l 1-C, City of Federal Way BLA#11-103696-00-SU Assessor's Tax Parcel ID#(s): 302104-9024 I. RECITALS 1. VILLAGE GREEN OF FEDERAL WAY, A RETIREMENT COMMUNITY, LLC, a Washington limited liability company (the "Gmaor"); is the owner of property located in Federal Way, Washington and legally described in Exhibit "A" attached hereto and incorporated herein by this reference (the "Property"). Grantor has applied for site plan approval needed to build senior housing facilities (the "Project") on the Property; and 2. THE CITY OF FEDERAL WAY, a Washington municipal corporation (the "City"), has determined that a future mad, shown in the Federal Way Comprehensive Plan as 1st Avenue South, shall be constructed and that right-of-way across the eastern portion of the,Property will be needed for this road; and 3. In return for the City's approval of the Project, to avoid the need for Grantor to construct improvements at this time, and to ensure that cumulative traffic impacts of the Project will be adequately mitigated, the Grantor covenants and agrees as follows: 11. COVENANTS, CONDITIONS, AND RESTRICTIONS 1. DesignationofTract "X.' Grantor hereby designates Tract "X" on the Property, as legally described on Exhibit "A" and depicted on Exhibit "A-1" attached hereto and incorporated herein by this reference. 2. Agreement to Ded'seate Tract "X." Grantor hereby covenants and agrees, for itself, its successors, grantees, and assigns, to dedicate Tract "X" to the City.of Federal Way for right-of-way and street purposes at such time as the City determines in its discretion that Tract "X" is needed for these purposes. A Statutory Warranty Deed in a form acceptable to the City, and conveying Tract "X" to the City shall be executed by the Grantor, its successors, grantees, or assigns, and shall be delivered to the City upon demand. The Statutory Warranty Deed shall convey title subject to taxes and assessments not yet due. RECORD)N6 R50UEMD 9Y FIRSTAtAERICAN TITLE CokIpAANy AS AN ACCOktlApoATIO, t ONLY 111U14ALA ARM %rilV 1I La AAA"%,1 • itV %,& AAA v11 0'•11V 1_v\.• W1V/•�1V 1 K�� ii Record Date:1/2/2020 2:09 PM King County, WA 3. Encroachment into Tract' X." 3.1 No structures currently encroach into Tract "X." There shall be no encroachment into "Tract X" by any structure. 3.2 The parties recognize that the Grantor has installed utilities and may install utilities in the future to serve the Project. Some of these utilities are or may, in the future, be located in the Tract' X:' The Grantor covenants and agrees for itself, its successors, grantees and assigns to remove or relocate any of said utilities that the City determines interfere with the construction of City road improvements within the Tract "X" 4. Agreement to Participate in and Not Oppose LTD. For a period not to exceed ten (10) years fi•om the date of this Agreement, Grantor covenants and agrees, for itself, its successors, grantees, and assigns, to participate in, and not oppose, protest, or challenge, the formation of a Local Improvement District ("LID'•'), or the approval and execution of a Latecomers' Agreement under Chapter 18.65 FWRC and RCW 35..72.010—.050, for construction of any road or street improvement project approved by the City and designed to improve all or part of Tract 'X" Timing of the formation, execution or approval of said LID, Latecomers' Agreement, or other road or street improvement project shall be determined by the City of Federal Way, in its sole discretion. To the extent permitted by state law, the City shall reduce the assessment to the Grantor for the value of the Tract "X" dedication. 5. Utifty Erasement. Grantor conveys and warrants to the City a nonexclusive perpetual easement over, under, along, across, and through Tract "X" to construct, operate, maintain, repair, replace, improve, remove, enlarge, and use for one or more utility systems. At such time Tract "X" is dedicated to the City, the rights granted herein affecting Tract `A` shall automatically terminate. 6. Amendment of Covenants. Conditions and Restrictions. Grantor covenants and agrees that this Agreement may be amended- only with the proper written consent and agreement of both Grantor and the City, and that Grantor shall take no action that would. limit or otherwise affect the rights of the City under this Agreement without the express written consent of the City. In the event either of the parties desire to relocate the Tract "X" on the Property prior td.dMicatioo, the relocation shall constitute an amendment requiring the written consent of the other party, which consent shall not be unreasonably withheld. 7. Agreement to Indumni_fy. old Harmless and Defend, Grantor covenants and agrees to indemnify, hold harmless, and defend the City from and against any and all liability, claims, damages, costs, expenses, including attorneys' fees, arising out of Grantor's breach of this Agreement. This agreement to indemnify, defend and hold harmless shall survive delivery and recording of the Statutory Warranty Deed and shall not merge in said Deed. 8. Authority. Grantor represents and warrants to the City that the Grantor has all of the necessary power and authority to enter into this Agreement and to perform the obligations to be performed by the Grantor hereunder, and the individual signing on behalf of the Grantor has full legal authority to do so. illUVl aaaaat.aaa. 1\talk" & a V V VV✓V LV�. laa�a�raa 4aL�V its+\.• W1V/�✓V 1 K�V ✓ Record Date:1/2/2020 2:09 PM King County, WA 9. Remedies. 9.1 ' The parties acknowledge and agree that the rights provided to each of them under this Agreement are unique. They furllicr acknowledge and agree that, in the event of a bivach by either pally of its obligmions under this Agreement, any remedy at law would be inadequate and that the other party would stiffer irreparable harm as a result of such breach. Accordingly, each patty hereby agrees and consents to temporary and permanent injunctive relief and/or an order of specific performance, without bond, in addition to money damages or other available relief in any proceeding brought by a party to enforce this Agreement. 9.2 In the event of a breach of this Agreement, the aggrieved party may pursue any remedy available under this Agreement or any other remedy or remedies available at law or in equity concurrently or consecutively and in any order as to any such breach or violation, and the pursuit of such remedies at any time shall not be deemed an election of remedies or waiver of the right to pursue any of the other of such remedies. 10. Covenants, Conditions, and Restrictions -to -Run Will) the Land_ The covenants, conditions and restrictions contained herein shall touch and concern the land and run with the land, and the rights and obligations granted herein shall inure to the bencft of and be binding upon the parties' respective successors, grantees, or assigns. DATED THIS'?4J day of "(+"`— , 20! I [signature pages to follow) AA20%,/ %*RaL�—;•M' L,"AMR "J x • i►V "M-X .11l•L 14j li Vi-• y%1 VI•�JV l LLSL Record Date:1/2/2020 2:09 PM King County, WA APPROVED AS TO FORM: J. Ryan Cali, City Attorney GRANTOR: Monte B. Powell, Manager Village Green of Federal Way, a Retirement Community, LLC P.O. Box 98309 Des Moines, WA 99198 (206) 824-3733 STATE OF WASIUNGTON'' ) ss. ' COUNTY OF On this day personally appeared before me Monte B. Powell. to me known to be the Manager of Village Green ofFcderal LVa a Retirement Commuifity, LLC that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said limited liability company, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument. GIVEN my hand and official seal this A I-1 day of (notary signature) UI SUSAN M. RRY NOTARY PUBLIC STATE OF WASHINGTON (typedlprinted name of notary) my Commission Expires April 23, 2020 Notary Public in and for the S to ❑ Washington. My commission expires d iKzo&x llllltAA%' 111a AAAR1F %WM • ICI VIdVVl ViIVV VV✓V 1/VL-11111 V114•LiV 1\r\.• yli V/•✓V 1 "S%l ✓ Record Date:1/2/2020 2:09 PIN-1 King County, WA GRANTOR: Diane E. Powell, Manager Village Green of Federal Way, a Retirement Community, LLC P.O. Box 98309 Des Moines, WA 98198 (206) 824-3733 STATE OF WASFUNGTON ) ss. COUNTY OF �� ) On this day personally appeared before me Diane E. Powell. to me known to be the Manager of V iltagc Green of Federal Way, a Retirement Community. LL.0 that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said limited liability company, for the uses and purposes therein mentioned, and on oath stated that she was authorized to execute said instrument GIVEN my hand and official seal this day f , R �� 2017 SUSAN M. BERRY (notary signature) NOTARY PUBLIC C7�� 7 ��,r,y STATE OF WASHINGTON i My Commission spires April 23, 2020 (typed/printed name of notary) Notary Public in and far the $ to of +ashington, My commission expires W� Record"Date: l/2/2020 2 09 PM King County, WA �_.......��,.�.,1 . 6� .. EDIT A TRACT FOR FUTURE RIGHT OF WAY THE WEST 8 FEET OF THE EAST 53 FEET OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., LYING BETWEEN THE NORTH AND SOUTH PROPERTY LINES OF LOT 11-C, CITY OF FEDERAL WAY BOUNDARY LINE ADJUSTMENT NO. 11-103696-00-SU, RECORDED UNDER KING COUNTY RECORDING NO.2011110200001, SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON, CONTARSTING 6,190 SQUARE FEET, MORE OR LESS. il•Vt.l 11111 �•114 1\lLaxxx %Wx • 1 "•"- Record Date:1/2/2020 2:09 PM King County, WA EXHIBIT A-1 TO TRACT X NE COR SEC 30 1 I PARENT PARCEL III IU) 53' w j GRAPHIC SCALE 0 0 8' TRACT co r 1 incle =150' ft- 15' DEDICATION Ll 45' RESULTING HALF 1 RIGHT-OF-WAY f! 30' EX HALF RIGHT-OF-WAY 3' DEDICATION 42' EX HALF RIGHT-OF-WAY i MON 1N CASE SW 356�S m iARua.a as asati..sA& A I"ARA Rona . rv+rvv Yu"r vvv*� J-1`"! 'ASRA LA-W. rr L la...L. W v 0.✓w .i Record Date:1/2/2020 2:09 PM King County, WA EJUCAIN 1� Return Address: 1 0-1 City of Federal Way Attn: Kevin Peterson, Public Works Department 33325 8th Avenue South Federal Way, WA 98003-6325 20200102000849 1IWARRANTY DEED Roe: $107.50 i 102020 2M PM WNG COUNTY. WA IE3028544 11212020 2:09 PM KING COUNTY, WA Tax Amount610.00 �I i; STATUTORY WARRANTY DEED Grantor (s): VILLAGE GREEN OF FEDERAL WAY, A RETIREMENT COMMUNITY, LLC, a Washington limited liability company Grantee (s): CITY OF FEDERAL WAY, a Washington municipal corporation Property Legal Description (abbreviated): A portion of Lot 11-C, City of Federal Way BLA 411-103696-00-SU Assessor's Tax Parcel ID#(s): 302104-9024 THE GRANTOR(S) VILLAGE GREEN OF FEDERAL WAY, A RETIREMENT COMMUNITY, LLC, a Washington Iimited liability company, for and in consideration of The City of Federal Way's approval of land use application No. 18-105293-00-UP for construction of a senior housing facility and other good and valuable consideration, convey(s) and warrant(s) to the CITY OF FEDERAL WAY, a Washington municipal corporation, all of its right, title and interest, and any after -acquired interest therein, in and to the real property described in Exhibit A and depicted in Exhibit A-1 herewithattached and made a part hereof, situated in King County in the State of Washington. DATED THIS Al-n . day of 4"�2017 [signature pages to follow] FtEcOr„` :=. A UESTE 6y FIRST A1 ABhK---ONLY 111C71.111111 V111' 1\1a111"/ A • ♦♦ 1 t\vim.• W1V / •✓V 1 "r,%, r' Record Date:1/2/2020 2:09 PM King County, WA GRANTOR(S): _ 66� Monte B. Powell, Manager Village Green of Federal Way, a Retirement Community, LLC STATE OF WASHINGTON ) ss. COUNTY OF On this day personally appeared before me Monte B. PowelI, to me known to be the Manager of Viliage Green of Federal Way, a Retirement Community. LLC that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary set and deed of said limited liability company, for the,vses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument. GIVEN my hand and official seal this Sj clay of 20 Af '505an 1, J�-ery RY (typedlprinted name of notaryl C =WASKINGTON Notary Public in and for the State ofl1Washington. TON My commission expires V175 17Pl 23. 2020 A llVl.■ µll•L. as ►, 1 •"Ana / . • l VYVV VViJ LVLµ ill Lll L• ■■ 1 µE'L V Record Date:1/2/2020 2:09 PM King County, WA GRANT'OR(S): Diane E. Powell, Manager Village Green of Federal Way, a Retirement Community, ILLC STATE OF WASHINGTON ) COUNTY OFiC, � ) ss.} On this day personally appeared before me Diane E. Powell, to me known to be the Maringer of Village Green of Federal Way, a Retirement Community, LLC that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said limited liability company, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument. GIVEN my hand and official seal this `Z(day of 20 r% SUSAN M. BERRY ��n 6e= NOTARY PUBLIC STATE OF WASHINGTON (typed/printed name of notary) My Commisslan EMplres April 23. 2020 Notary Public in and for the State of ashington. My commission expires Rev. 10/17 111,71.111111%r114 1\1i111Vv1 • r'VIIVVI VI�/VVVVTI YV�-1a 111 V114• ♦� Y 1_v�.• �1V / •�1V 1 1{L� T Record Date:1/2/2020 2:09 PM King County, WA O .:II: TOM 4" RIGHT OF WAY DEDICATION THE EAST 15 FEET OF LOT 11-C, CITY OF FEDERAL WAY BOUNDARY LINE ADJUSTMENT NO. 11-103696-00-SU, RECORDED UNDER KING COUNTY RECORDING NO. 20111102900001, LYINGNORTH OF THE SOUTH 98.61 FEET; TOGETHER WITH THE EAST 3 FEET OF THE SOUTH 98.61 FEET OF SAID LOT I 1-C, SITUATE IN THE COUNTY OF 1UNG, STATE OF WASHINGTON, CONTAINING 10,425 SQUARE FEET, MORE ORLESS. ixxL3&l "AA&N.114 1N%aaaa /Vl • "VAWV VAWV V'T/ •♦ •✓V 1 6L��r ✓ Record Date:1/2/2020 2:09 PM King County, WA EXHIBIT A-1 TO DEDICATION f NE COR SEC 30 I 1 I lu) l J GRAPHIC SCALE -N � OI< �f � U ) (1NFEE7) IJI ] inch-150' R 30 EX RIGHT—OF—WAY 42' EX RIGHT—OF—WAY f� MON IN CASE S17�356`�f S� JJJ RECEIVED SEP 18 2019 CITY OF ' Ve FEOE yy Parcel M "eport City of Federal Way Binding Site Plan Client: Powell Family Land Company, LLC P.O. Box 98309 Des Moines, WA 98198 Date: 9/11/2019 8:00:30 AM U Prepared by: Duncanson Company, Inc. 145 SW 155th Street 4102 Burien, WA 98166 DCI Project No.: 98480.6 P� \?I'LPi 9 Parcel Name: Subject - Lot 11-B North:107,031.9154' East: 1,267,099.4381' Segment# 1: Line Course: N88°47'44"W Length: 459.05' North: 107,041.5646' East: 1,266,640.4896' Segment# 2: Line Course: N12°04'02"E Length: 436.35' North: 107,468.2726' East: 1,266,731.7125' Segment# 3: Line Course: N23°18'46"E Length: 155.92' North: 107,611.4630' East: 1,266,793.4179' Segment# 4: Line Course: S87°07'01 "E Length: 135.99' North: 107,604.6230' East: 1,266,929.2358' Segment# 5: Line Course: S2°52'59"W Length: 110.00' North: 107,494.7622' East: 1,266,923.7031' Segment# 6: Line Course: N89°08'19"E Length: 112.07' North: 107,496.4470' East: 1,267,035.7604' Segment# 7: Line Course: S13°31'54"E Length: 191.07' North: 107,310.6810' East: 1,267,080.4675' Segment# 8: Line Course: N74°49'59"E Length: 84.87' North: 107,332.8857' East: 1,267,162.3 813' Segment# 9: Line Course: S15'01'02"E Length: 87.11' North: 107,248.7507' East: 1,267,184.9523' Segment# 10: Line Course: S1°55'35"E Length: 76.67' North: 107,172.1240' East: 1,267,187.5296' Segment# 11: Line Course: S88°04'25"W Length: 84.62' North: 107,169.2795' East: 1,267,102.9574' Segment# 12: Line Course: S1027'52"W Length: 137.42' North: 107,031.9044' East: 1,267,099.4454' Perimeter: 2,071.14' Area: 211,501 Sq.Ft. Error Closure: 0.0132 Course: S33°28'37"E Error North :-0.01099 East: 0.00726 Precision 1: 156,904.55 Parcel Name: Parcel A North:107,213.8336' East: 1,267,033.6828' Segment# 1: Line Course: N83°56'04"E Length: 71.00' North: 107,221.3359' East: 1,267,104.2853' Segment# 2: Line Course: S 1 °27'52"W Length: 189.48' North: 107,031.9178' East: 1,267,099.4429' Segment# 3: Line Course: N88°47'44"W Length: 253.83' North: 107,037.2533' East: 1,266,845.6689' Segment# 4: Line Course: N18°13'33"E Length: 191.17' North: 107,218.8325' East: 1,266,905.4599' Segment# 5: Curve Length: 54.73' Radius: 100.00' Delta: 31 °21'39" Tangent: 28.07' Chord: 54.05' Course: N33°54'22"E Course In: S71°46'27"E Course Out: N40°24'48"W RP North: 107,187.5562' East: 1,267,000.4430' End North: 107,263.6949' East: 1,266,935.6133' Segment# 6: Line Course: N49°35'12"E Length: 36.74' North: 107,287.5133' East: 1,266,963.5867' Segment# 7: Line Course: S43°34'22"E Length: 101.70' North: 107,213.8317' East: 1,267,033.6860' Perimeter: 898.65' Area: 46,318Sq.Ft. Error Closure: 0.0036 Course: S60°06'23"E Error North: -0.00182 East: 0.00316 Precision 1: 249,625.00 Parcel Name: Parcel B North:107,037.2514' East: 1,266,845.6660' Segment# 1: Line Course: N88°47'44"W Length: 205.22' North: 107,041.5651' East: 1,266,640.4914' Segment# 2: Line Course: N12°04'02"E Length: 436.35' North: 107,468.2731' East: 1,266,731.7143' Segment# 3: Line Course: N23°18'46"E Length: 155.92' North: 107,611.4635' East: 1,266,793.4197' Segment# 4: Line Course: S87°07'01 "E Length: 135.99' North: 107,604.6235' East: 1,266,929.2376' Segment# 5: Line Course: S2°52'59"W Length: 110.00' North: 107,494.7627' East: 1,266,923.7049' Segment# 6: Line Course: N89°08'19"E Length: 112.07' North: 107,496.4475' East: 1,267,035.7622' Segment# 7: Line Course: S1391'54"E Length: 191.07' North: 107,310.6815' East: 1,267,080.4693' Segment# 8: Line Course: N74°49'59"E Length: 84.87' North: 107,332.8863' East: 1,267,162.3830' Segment# 9: Line Course: S 15°01'02"E Length: 87.11' North: 107,248.7512' East: 1,267,184.9541' Segment# 10: Line Course: S1°55'35"E Length: 76.67' North: 107,172.1246' East: 1,267,187.5314' Segment# 11: Line Course: S88°04'25"W Length: 84.62' North: 107,169.2800' East: 1,267,102.9592' Segment# 12: Line Course: N1°27'52"E Length: 52.06' North: 107,221.3230' East: 1,267,104.2897' Segment# 13: Line Course: S83°56'04"W Length: 71.00' North: 107,213.8207' East: 1,267,033.6871' Segment# 14: Line Course: N43°34'22"W Length: 101.70' North: 107,287.5023' East: 1,266,963.5878' Segment# 15: Line Course: S49°35'12"W Length: 36.74' North: 107,263.6839' East: 1,266,935.6145' Segment# 16: Curve Length: 54.73' Radius: 100.00' Delta: 31 °2 F39" Tangent: 28.07' Chord: 54.05' Course: S33°54'22"W Course In: S40°24'48"E Course Out: N71°46'27"W RP North: 107,187.5451' East: 1,267,000.4442' End North: 107,218.8214' East: 1,266,905.4611' Segment# 17: Line Course: S18°13'33"W Length: 191.17' North: 107,037.2422' East: 1,266,845.6701' Perimeter: 2,187.30' Area: 165,182Sq.Ft. Error Closure: 0.0100 Course: S24°06'02"E Error North: -0.00917 East: 0.00410 Precision 1: 218,729.00 7 FI EEIVED SEP 18 2019 CITY OF FEDERAL WAY UAIV anquaven WATER & SEWER DISTRICT ,to Lakehaven Water & Sewer District — Development Engineering Section 31623 — 1st Ave S * PO Box 4249 * Federal Way, WA 98063-4249 Email: DE@Lakehaven.org * Telephone: 253-945-1581 or 253-945-1580 This certificate is intended to provide the applicant, land use agencies &/or public health departments with information necessary to evaluate development proposals. Lakehaven Water & Sewer District, at its sole discretion, reserves the right to delay, or deny, water service based upon capacity &/or supply limitations in Lakehaven's or Other Purveyor's system facilities. Proposed Land Use: ❑ Building Permit-SFR () ❑ Building Permit-MFR Q ❑ Building Permit -Other ❑ Subdivision () ❑ Short Subdivision () 0 Binding Site Plan (3) ❑ Boundary Line Adjustment ❑ Other (specify/describe) Tax Parcel Number(s): 3021049146 Site Address: 204 SW 354th PI LWSD GIs Grid: H-13 Ex. Bldg. Area to Remain: UNKNOWN sf New Bldg. Area Proposed: UNKNOWN sf WATL�R SYSTEM INFORMATION 1. ® Water service can be provided by service connection to existing 8" diameter water mains that are on the site. 2. ® If additional Fire h dr n required, water service for the site will require an improvement to LWSD's water distribution system of: ❑ a. feet of " diameter water main to reach the site; and/or ® b. The construction of a water distribution system on the site; and/or ❑ c. A major portion of LWSD's comprehensive water system plan would need to be implemented and/or constructed; and/or ® d. Other (describe): LWSD Devel❑tier Extension (DE) Agr�t req ire . 3. ® a. The existing water system is In conformance with LWSD's Comprehensive Water System Plan. ❑ b. The existing water system is not in conformance with LWSD's Comprehensive Water System Plan and an Amendment to this Plan will be required. This may cause a delay in Issuance of land use approvals or permits. 4. ® a. The subject property is within the corporate limits of Lakehaven Water & Sewer District, or has been granted Boundary Review Board approval for extension of water service outside of LWSD's water service area. ❑ b. Annexation or Boundary Review Board approval will be necessary to provide service. 5. Water service is subject to: ® a. Payment of connection charges (to be determined by LWSD, for any new/modified service connection); ® b. Proof or reservation of easement(s) as required by LWSD; ® c. Other: Water Service Connection application Ired for any new odified servigg. prinecUooW Comments/special conditions: Serv*rce pressure(s)0 i i dicat ressur duct V Iv indicat contact a buildino ofrk;[alr r it m n & o addi I I info atio . The nearest fire hydrant Is on the Property (as marked on map on the back of this page). Fire Flow at no less than 20 psi available within the water distribution system is a minimum 2,500 GPM for two (2) hours or more. This flow figure depicts the theoretical performance of the water distribution system under high demand conditions. Fire flow rates greater than this may be accommodated through water distribution system improvements, contact LWSD for additional information. 538 Pressure Zone Est. Meter Elevation (s)-GIs: 260+/- Est. Pressure Range at Meter(s) (psi): 111-120 I hereby certify that the above water system information is true. This certification shall be valid for one (1) year from the date of signature. Name: BRIAN ASBURY Title: DEVizWPMENLENGINEERING SUPERVISOR Signature: Date: 4�0� 3021049146 wtr.docx (Form Update 4/2/19) Page 1 of 2 $72450,0120 �► •_ "' 353114 � W021.049024 -� 35324 872459,01311 35312 -� $" Dy ITS t 8"03 I 8 u 2450,01411 8724.EaD FD0 35320 M �y 3532 8324 9�160 35328 B724500470 A 35402 ' S 872450D1.8D 3D21049148 �1 35406 35404 O - � •tom 9724500190 35412� t 8724513 020.0 i 35418 i 872450,0210 35422 87�.q g2 3021 D 49017 35421? as A 7387000010 739700-DO50 72.871300110 7387000080 73870IID07-0 is Q 10 224 214 200 rV 738?000020 rE_ Lakehaven Mter and irict neither warrants nor qui accuracy of any facility info vided. Facility locations and aD sub jest to f i eld verilication. Water Certificate of Availability n Parcel 021049/46Igo 20 Feel 8/2912019 BIA 3021049146 wtr.docx (Form Update 4/2/19) Page 2 of 2 RECEIVED SEP 18 2019 * TYH WATER & SEWER DISTRICT 15EWER CERTIFICATE OF AVAILABILITY Lakehaven Water & Sewer District — Development Engineering Section 31623 — 1st Ave S * PO Box 4249 * Federal Way, WA 98063-4249 Telephone: 253-945-1581 or 253-945-1580 * Email: DE@Lakehaven.org This certificate is intended to provide the applicant, land use agencies &/or public health departments with information necessary to evaluate development proposals. Lakehaven Water & Sewer District, at its sole discretion, reserves the right to delay, or deny, sewer service based upon capacity &/or supply limitations in Lakehaven's or Other Purveyor's system facilities. Proposed Land Use: ❑ Building Permit-SFR Q ❑ Building Permit-MFR Q ❑ Building Permit -Other ❑ Subdivision Q ❑ Short Subdivision () ® Binding Site Plan (3) ❑ Boundary Line Adjustment ❑ Other (specify/describe) Tax Parcel Number(s): 3021049146 Site Address: 204 SW 354th PI LWSD GIs Grid: H-13 Ex. Bldg. Area to Remain: UNKNOWN sf New Bldg. Area Proposed: UNKNOWN sf SEWER SYSTEM INFORMATION 1. ® Sewer service can be provided by service connection to existing 8" diameter sewer mains that are on the site and the sewer system has the capacity to serve the proposed land use. 2. ❑ sewer service for the site will require an improvement to LWSD's sanitary sewer system of: ❑ a. feet of " diameter sewer main or trunk to reach the site; and/or ❑ b. The construction of a sanitary sewer collection system on the site; and/or El c. A major portion of LWSD's comprehensive wastewater system plan would need to be implemented and/or constructed; and/or ❑ d. Other (describe): 3. ® a. The existing sewer system is in conformance with LWSD's Comprehensive Wastewater System Plan. ❑ b. The existing sewer system Is not in conformance with LWSD's Comprehensive Wastewater System Plan and an Amendment to this Plan will be required. This may cause a delay in issuance of land use approvals or permits. 4. ® a. The proposed site land use is within the corporate limits of Lakehaven Water & Sewer District, or has been granted Boundary Review Board approval for extension of sewer service outside of LWSD's sewer service area. ❑ b. Annexation or Boundary Review Board approval will be necessary to provide service. S. Sewer service Is subject to: ® a. Payment of connection charges (to be determined by LWSD, for any new/modified service connection); ® b. Proof or reservation of easement(s) as required by LWSD; l� c. Other: Sewer Servicg Qonnectiont re it For any new/modifled is necti Comments/special conditions: I hereby certify that the above sewer system information is true. This certification shall be valid for one (1) year from the date of signature. Name: BRIAN ASBURY Title: DEYELOPMENT_ERGMME_RINGS ERVIS R Signature: Date:f 3021049146 swr.docx (Form Update 4/2/19) Page 1 of 2 35 33 87 5fl 241 •'�� 35 S 8724500120 35304 - L 3021049024 _ W 35324 8724509130 35312 u n 8724500143 8724500 50 35320 3532 8724'5= 5D 35328 6 8724500170 35402 C 87245001RD 3021049145 3541113 354D4 8724500190 35412 8724500209 35418 87245D0210 x' g 35422 U -M4.5.00 3021349017 35425 q7 7387090010 7387000D50 7S870112110 ;387000050 738700DO70 39 Q CO 224 214 200 C4 Y, 7397000020 `E- Lakehaven Water and Seiner lrict neither warrants nor guarantees accuracy of any facility information Tided. Facility locations and conditions subject to fieid verification. Sewer Certiflcate of Avail ability Parcel 3021049146 c Taa 'all] Feel 8J29{2019 6IA mi 3021049146 swr.docx (Form Update 4/2/19) Page 2 of 2 I �Er r 'f,� :�1•�. � f�,j � �• ! it �~ � � "I_ —i rti, Igo g• '� -• �'�—Y X J 1 n kkg r � ji LEGEND A- - a - - 7 ": l� 15 y{L9S£ M$ B C D E F ra 61111111gf�'01111W� 'AV i I. � � I i 110 i ----------------------`------ DUNCANSON COMPANY, INC. Civil En4 ,5swWW D 4S SW i Seattle, Washington 98166 1-0-04431 2019 Site Pictures Key M CITY OF FEDERAL l&.y j&N[TY DEVELOPfvl&;. Scale: N/A I Drawn: MAD I Job No: 98480 Point North '�( ^ \ � Point East -- Vh lf-W -7-7 LAPP qk AN, it +j xirr _ _-- + "•' =.. . �`� Y }� '� k�:� ; a' .. .�' � ' � ��- .; • •i. � � -� f� 1 r � i• + ti M� �'� � � •. 1 '! i �'� tl ..r �. — — I _-— _ � ar . � s •ti. iE. a 0 My, 11 U. 91 PA 41 lk i $ ' pt Z*6f, y f � - - - RECEIVED, M 5EP 19 2019 CITY OF FEDERAL WAY'4 Preliminary COMMUNf7Y UEVEL4PMEf1[€ Technical Information Report Village Green of Federal Way Buildings F-J, Memory Care (Building K), 17 Cottages, Process 4 Land Use Review Prepared: November 8, 2018 Revised: August 27, 2019 DCI Project: 98480.6 LJ DUNCANSON Company, Inc. 145 SW 155'h Street • Suite 102 a Seattle, Washington 98166 Preliminary Technical Information Report Village Green of Federal Way Buildings F-J, Memory Care (Building K), 17 Cottages, Process 4 Land Use Review Prepared: November 8, 2018 Revised: August 27, 2019 DCI Project: 98480.6 DUNCANSON Company, Inc. 145 SW 155" Street + Suite 102 a Seattle, Washington 98166 iJ Table of Contents Section1— Project Overview............................_.................................................................................... 3 Section 2 — Conditions and Requirements Summary.................................................................................14 Section3 — Offsite Analysis.........................................................................................................................17 Section 4 — Flow Control, LID, & Water Quality Facility Analysis & Design .......................:........................ 27 Section 5 — Conveyance System Analysis and Design .................... ............................... ................ I .............. 32 Section6 —Special Reports and Studies ........................... .......................... ............................. I ....... ............ 34 Section7 — Other Permits........................................................................................................................ 74 Section8 — CSWPP Plan Analysis and Design..............................................................................................76 Section 9 —Bond Quantities, Facility Summaries, and Declaration of Covenant.......................................78 Section10—Operations and Maintenance Manual...................................................................................80 Appendix A - WWHM Report 82 Village Green of Federal Way DCI 98480.6 2 Section 1. Project Overview Village Green of Federal Way DCI 98480.6 Section 1— Project Overview This project is development of 5 apartment style, independent/assisted living buildings; a 40-unit memory care building and 13 new independent living cottages. In total approximately 227 new senior housing units are proposed. The project is divided into two Threshold Discharge Areas (TDA), coinciding very closely with the two separate tax parcels. TDA 1 is the eastern portion of the site, which includes the 5 apartment style buildings (Buildings F — J). TDA 2 is the western portion of the site containing the cottage units and memory care building (Building K). TDA 1 TDA 1 is mostly vacant land, much of which is forested. A portion of TDA 1 is a large grassy area that was previously cleared and graded as part of previous development on the Village Green campus constructed in the mid to late 1990s. TDA 1 also contains one leg of a paved, looped driveway and a gravel drive and parking area also constructed under previous approvals from the late 1990s through 2008. Ground slopes in TDA 1 are on the order of 2 to 10%, and generally draining to the northeast. Soils are mostly till with some areas of outwash as discussed further in the geotechnical report. A detention/wet pond was constructed to serve the anticipated development on TDA 1; however, flow control and water quality standards have evolved over the last 20 year such that some expansion and retrofitting will be required. Also, implementation of LID is also now required. Further discussion of additional stormwater improvements are included in Sections 5. A stormwater colletion and conveyance system is provided through the downstream property to the stormwater ponds. TDA 2 TDA 2 is the western portion of the site. Roads, stormwater facilities, utilities and grading within TDA 2 was constructed around 2008 to create ready to build sites for the cottage units. Only building sites and areas to remain undisturbed remain forested. TDA 2 is served by a pre- settling/wetpond followed by a "full" infiltration pond. It is the full infiltration from this subbasin that separates TDA 2 from TDA 1. Current water quality standard are achieved by the wetpond followed by soil treatment in the infiltration pond. Current flow control standards are achieved by fully infiltrating stormwater runoff from the TDA. The memory care building represents an approximate 9,000 SF increase in impervious area over the original design. To offset this increase, two of the remaining cottage buildings are designed to include full infiltration drywells. These improvements were approved by the City in 2018. Refer to Section 5 for additional discussion. Included are Figures 1.1 — Technical Information Report Worksheet, 1.2 — Vicinity Map, 1.3.1 — TDA 1 Basin Map, 1.3.2 — TDA 2 Basin Map and 1.4 — Soils Map. This report is intended as a preliminary stage TIR including the required off -site analysis. It also contains a preliminary hydrologic analysis used to develop a conceptual drainage plan. This report does not include the detailed design of all drainage components, however, it does contain sufficient detail for assessing the existing and proposed drainage characteristics. Village Green of Federal Way DO 98480.6 KING COUNTY, WASHINGTON, SURFACE WATER DESIGN MANUAL TECHNICAL INFORMATION REPORT (TIR) WORKSHEET Part 1 PROJECT OWNER AND PROJECT ENGINEER Project Owner Village Green of Federal Way Phone 206-824-8001 Address P.O. Box 98309 Des Moines, WA 98198 Project Engineer Harold Duncanson Company Duncanson Company Inc Phone 206-244-4141 Part 3 TYPE OF PERMIT APPLICATION 0 Landuse (e.g.,Subdivision / Short Subd. / UPD) ❑ Building (e.g.,M/F / Commercial / SFR) ❑ Clearing and Grading ❑ Right -of -Way Use ❑ Other Part 5 PLAN AND REPORT INFORMATION Technical Information Report ❑ Full Type of Drainage Review ❑ Targeted (check one): ❑ Simplified ❑ Large Project Date (include revision [Z Directed dates): Preliminary 11/8/18 Date of Final: Part 2 PROJECT LOCATION AND DESCRIPTION Project Name Village Green of Federal Way DPER Permit # Location Township 21 N Range 4E Section 30 Site Address 1st Ave S & SW 356th St Federal Way Part 4 OTHER REVIEWS AND PERMITS ❑ DFW HPA ❑ Shoreline ❑ COE 404 Management ❑ DOE Dam Safety ❑ Structural RockeryNault/ ❑ FEMA Floodplain ❑ ESA Section 7 ❑ COE Wetlands ❑ Other Site Improvement Plan (Engr. Plans) Plan Type (check one): Date (include revision dates): Date of Final: ✓0 Full ❑ Modified ❑ Simplified Preliminary 11/8/18 Part 6 SWDM ADJUSTMENT APPROVALS Type (circle one): Standard / Experimental / Blanket Description: (include conditions in TIR Section 2) N/A Approved Adjustment No. Date of Approval: 2016 Surface Water Design Manual 4/24/2016 KING COUNTY, WASHINGTON, SURFACE WATER DESIGN MANUAL TECHNICAL INFORMATION REPORT (TIR) WORKSHEET Part 7 MONITORING REQUIREMENTS Monitoring Required: Yes /(S) Describe: Start Date: Completion Date: Re: KCSWDM Adjustment No. Part 8 SITE COMMUNITY AND DRAINAGE BASIN rnmrniinihi Plan - Federal Way Special District Overlays: None nminnna RnQin• West Hylebos Stormwater Requirements: Conservation Flow Control/Enhanced Basic Water Quality Part 9 ONSITE AND ADJACENT SENSITIVE AREAS ❑ River/Stream ❑ Steep Slope ❑ Lake ❑ Erosion Hazard ❑ Wetlands ❑ Landslide Hazard ❑ Closed Depression ❑ Coal Mine Hazard ❑ Floodplain ❑ Seismic Hazard ❑ Other ❑ Habitat Protection Li Part 10 SOILS Soil Type EvB Slopes <10% High Groundwater Table (within 5 feet) ❑ Other ❑ Additional Sheets Attached Erosion Potential Low - Med ❑ Sole Source Aquifer ❑ Seeps/Springs 2016 Surface Water Design Manual 4/24/2016 KING COUNTY, WASHINGTON, SURFACE WATER DESIGN MANUAL TECHNICAL INFORMATION REPORT (TIR) WORKSHEET Part 11 DRAINAGE DESIGN LIMITATIONS REFERENCE 0✓ Core 2 — Offsite Analysis ❑ Sensitive/Critical Areas ❑ SEPA ❑ LID Infeasibility ❑ Other ❑ Additional Sheets Attached LIMITATION / SITE CONSTRAINT None Part 12 TIR SUMMARY SHEET (provide one TIR Summary Sheet per Threshold Discharge Area) Threshold Discharge Area: (name or description) Core Requirements (all 8 apply): Discharge at Natural Location Number of Natural Discharge Locations: 1 Offsite Analysis Level: (DI 2 / 3 dated: 2008 Flow Control (include facility Level: 1 / 2D 3 or Exemption Number summary sheet) Flow Control BMPs TBD Conveyance System Spill containment located at: Flow Control Tee Erosion and Sediment Control / CSWPP/CESCL/ESC Site Supervisor: TBD Construction Stormwater Contact Phone: Pollution Prevention After Hours Phone: Maintenance and Operation Responsibility (circle one): rivate / Public If Private, Maintenance Log Required: Yes X& Financial Guarantees and Provided: Yes No Liability Water Quality (include facility Type (circle one): Basic / Sens. Lake / nhanced Hasic / Bog summary sheet) or Exemption No. Landscape Management Plan: Yes No Special Requirements (as applicable): Area Specific Drainage Type: CDA / SDO / MDP / BP / LMP / Shared Fac. None Requirements Name: Flood plai n/Floodway Delineation Type (circle one) Major / Minor / Exemption / None 100-year Base Flood Elevation (or range): Datum: Flood Protection Facilities Describe: N/A 2016 Surface Water Design Manual 4/24/2016 KING COUNTY, WASHINGTON, SURFACE WATER DESIGN MANUAL TECHNICAL INFORMATION REPORT (TIR) WORKSHEET Part 12 TIR SUMMARY SHEET (provide one TIR Summary Sheet per Threshold Discharge Area) Source Control Describe land use: (commercial / industrial land use) Describe any structural controls: Oil Control Other Drainage Structures Describe: High -use Site: Yes 1LNo Treatment BMP: Maintenance Agreement: Yes / No with whom? Part 13 EROSION AND SEDIMENT CONTROL REQUIREMENTS MINIMUM ESC REQUIREMENTS DURING CONSTRUCTION ® Clearing Limits ® Cover Measures ® Perimeter Protection ® Traffic Area Stabilization ® Sediment Retention ❑ Surface Water Collection ❑ Dewatering Control ® Dust Control ❑ Flow Control ❑ Protection of Flow Control BMP Facilities (existing and proposed) ® Maintain BMPs / Manage Project MINIMUM ESC REQUIREMENTS AFTER CONSTRUCTION X❑ Stabilize exposed surfaces ® Remove and restore Temporary ESC Facilities ® Clean and remove all silt and debris, ensure operation of Permanent Facilities, restore operation of Flow Control BMP Facilities as necessary ❑ Flag limits of SAO and open space preservation areas ❑ Other Part 14 STORMWATER FACILITY DESCRIPTIONS (Note: Include Facility Summary and Sketch) Flow Control Type/Description Water Quality Type/Description ❑✓ Detention Infiltration ❑ Regional Facility ❑ Shared Facility ❑✓ Flow Control BMPs ❑ Other Pond ❑ Vegetated Flowpath Z Wetpool ✓� Filtration ❑ Oil Control ❑ Spill Control IZI Flow Control BMPs ❑ Other Stormfilter TBD TBD 2016 Surface Water Design Manual Q 4/24/2016 8 i KING COUNTY, WASHINGTON, SURFACE WATER DESIGN MANUAL TECHNICAL INFORMATION REPORT (TIR) WORKSHEET Part 15 EASEMENTS/TRACTS Part 16 STRUCTURAL ANALYSIS ® Drainage Easement ® Cast in Place Vault ® Covenant ® Retaining Wall ® Native Growth Protection Covenant ® Rockery > 4' High ® Tract ® Structural on SteepSlope ® Other O her �� `✓ I Part 17 SIGNATURE OF PROFESSIONAL ENGINEER I, or a civil engineer under my supervision, have visited the site. Actual site conditions as observed were incorporated into this worksheet and the attached Technical Information Report. To the best of my knowledge the infaC bon p e ided is accurate. 2016 Surface Water Design Manual 4/24/2016 TDA 1 TDA 2 E DUNCANSON COMPANY, INC. CivilEnginccring • Suncying • 1.andPlmvung 145SW 155th,9t, Suite 102 Seattle, Washington 98166 Phone 206.244.4141 Fax 206.244.4455 Figure 1.2 — Vicinity Map Site @ 1s1 Avenue South & SW 356"' Street Scale: N/A I Drawn: JMK I Job No: 98480.2 10 114 U b m a rn z C O Z U � yrye � o Ca 8 a y`ac C7 G o LeM pip V, o � ; i,c i SW _3.56TH ST �• � � ,� k .....� is � � .�, ... -- _2!� � "� � ��z" f;• i'W 0 w CL W � Q ' } o ll gyp" O (j Q L Z m II II c� z a (/) Ul W wQ m om a i ,I GR N S� re SW 3 R6 PL"-• - w Q N I I Cf I I I� I p I I I I I �4 I I I I � m o W o 2 c'p'rvry G �a t�Oh Z �O o c h oc " lil O M O) Z c�z w Q of z u N ro om Q o u � V. o II U Sagharie Junior Saghale '. High Park A9C akes Ride I X.I 1 1(lahenea Loke �Jr U QL Hwy 11 - Ur �— DUNCANSON COMPANY, INC. Civil Engincedng • Sun•q•ing - Land Plamung 145 SW 155th S'l, suite 102 Sealde, Washinglou 98166 Phone 206.244.4141 For 206.244.4455 Figure 1.4 —Soils Map EvB = Everett Gravelly Sandy Loam, 0-5% Slopes Scale: NTS Drawn: HMD Job No: 98480.6 13 Section Z Conditions and Requirements Summary Village Green of Federal Way ❑O 984M6 14 Section 2 — Conditions and Requirements Summary The City of Federal Way requires compliance with the 2016 King County Surface Water Design Manual (KCSWDM) and the City of Federal Way Addendum to KCSWDM. This report follows the format specified in the KCSWDM. This Section describes how the Project will meet the Manual's Core and Special Requirements. Core Requirements: 1. Discharge at Natural Location The site runoff is separated into two TDAs. Runoff from TDA 1 drains to the northeast and is collected by the catch basins and pipe network in the existing Village Green campus. A storm drain is stubbed into this site for a point of connection for the proposed development to maintain the point of discharge. Runoff from TDA 2 is collected by the catch basin and pipe system constructed as part of the Cottages West development. Lot drain stubs are provided to each of the cottage and memory care building sites, which will be used to maintain the point of discharge. See Figure 3.1 — Offsite Analysis Map for more information. 2. Offsite Analysis A Level 1 offsite analysis has been performed for this project. See Section 3 for more information. 3. Flow Control The site is located in a Conservation Flow Control area. Flow control will be provided by LID BMPs, the existing (modified) detention pond and the existing infiltration pond. See Section 4 for more information. 4. Conveyance System Appropriate conveyance calculations will be included in Section 5 at the final engineering stage. 5. Erosion and Sediment Control ESC measures will conform to the 2016 KCSWDM. ESC plans will be provided at the final engineering/building permit stage for each building. 6. Maintenance and Operations A maintenance and operations manuals are already in place for the stormwater facilities. These documents will be amended as needed at the final engineering/building permit stage. 7. Financial Guarantees and Liability. The project owner will provide appropriate financial guarantees and liability insurance prior to construction. 8. Water Quality The site is in the Enhanced Basic Water Quality Treatment area. See Section 4 for additional information. 9. Flow Control BMPs Village Green of Federal Way DO 98480.6 15 Flow Control BMPs are required in TDA 1 and are generally depicted on the site plan. Impervious surfaces in TDA 2 is served by an infiltration facility and are exempt from the BMP requirement. However, soil amendment is required. See Section 4 for additional information. Special Requirements: 1. Other Ado ted Area -Specific Requirements The site is in the Hylebos Creek Basin. The City's flow control and water quality standards meet or exceed the recommendations of the basin plan. 2. Flood Hazard Area Delineation This site does not lie within the 100-year flood plain. 3. Flood Protection Facilities This requirement does not apply. 4. Source Control Source Control is required. Applicable structural and non-structural source controls are discussed in Sections 4 and 8. 5. Oil Control The site is not a high -use site. This requirement does not apply. Village Green of Federal Way DO 98480.6 16 Section 3 Offsite Analysis Village Green of Federal Way DO 98480.6 17 Section 3 — Offsite Analysis Task 1 - Study Area Definition & Ma s The study area was defined by the site topography using City of Federal Way's GIS maps. The study area includes the site and downstream flowpaths. See Figure 3.1 — Offsite Analysis Map for more information. Task 2 - Resource Review 1. Adopted Basin Plan BW-2: Basinwide Onsite Detention Standard; which is Level 1 Flow Control (KCRTS) — Match predeveloped 2- and 10- year peak flow rates. Note that this is a dated standard and current City Flow and Water Quality standards exceed the Basin Plan requirements. 2. Finalized Drainage Studies Not applicable. 3. Basin Reconnaissance Summary Reports This project is in the Hylebos Creek Basin and contributes to Tributary 0014B. 4. Critical Drainage Area Maps j See Figure 3.2 — Critical Areas Map for the offsite wetland location. 5. FEMA Maps Not applicable. 6. Other Offsite Analyses The downstream analyses for the Village Green Phase I, Tuscany Woods and Cottages West projects were consulted. These projects include the subject property and adjoin the site to the west.. These downstream analyses did not reveal any problems or require any special mitigation. 7. Sensitive Areas Folio A map detailing Federal Way's critical areas in the site vicinity is included as Figure 3.2. . Village Green of Federal Way DO 98480.6 18 8. Drainage Complaints and Studies Drainage complaint summaries were obtained from King County. See Figure 3.1 — Offsite Analysis Map. The drainage complaint parcels are shaded orange and have been assigned a number (DC-2 for example). Two drainage complaints were found to be in the downstream flowpath. Below is a description of how each drainage complaint has been addressed. DC-1: 1987-0727 Parcel 4292104-9029. This drainage complaint was regarding an old drainage pipe with constriction issues. This complaint is more than 10 years old, therefore it is not applicable. DC-2: 1989-0448 Parcel 4292104-9030. This drainage complaint was regarding drainage issues with the Sunrise Methodist Church construction. This complaint is more than 10 years old, therefore it is not applicable. 9. USDA Soils Survey See Figure 1.4 — Soils Map. Soils noted as Everett Gravelly Sandy Loam. 10. Wetlands Inventory No onsite wetlands. See Figure 3.2 for the locations of offsite wetlands. 11. Migrating River Studies Not applicable. 12. WSDOE Water Quality Atlas Ecology's Water Quality Atlas was consulted to investigate for impaired waters. The tributary to West Hylebos Creek, located downstream from the Site was listed as having temperature and dissolved oxygen impairments. See Task 5 below. Village Green of Federal Way DO 98480.6 19 Task 3 - Field Reconnaissance A current field reconnaissance was conducted on August 5, 2019. Weather conditions were sunny and dry. While not part of this specific investigation, several other site visits were conducted through 2017 and 2018, including during the wet season and also after precipitation events. The downstream flow paths were observed for'/4 mile. A description of the various downstream runoff system components is contained under Task 4 below. Task 4 - Drainage System Description and Problem Sereenin TDA 1 Component IA — Pipe Flow (0' — 880') Runoff exits the site via a storm drain system that was stubbed into the site as part of earlier phases of the Village Green retirement community (Phase I-1996 and Buildings D and E of the original Phase II plan-1998). This drainage system consists of catch basins and 8" to 18" pipes with slopes generally between 1 and 10%. Runoff is routed through this system until it reaches a detention/wet pond, which was also part of the original Village Green development. Pipes and catch basins were clean. No evidence of flooding or erosion problems was observed. Component IB — Detention/Wet Pond & Bioswale 880' — 1380' Runoff outlets into a stormwater facility located in the northeast corner of the Village Green Phase I site. The facility is a multi -cell, flow through, combined detention wetpond followed by a biofiltration swale. The facility appears to be in a fully functional condition and has become well vegetated. Some trash (shopping carts, cans, bottles, etc.) has accumulated, particularly near 1st Avenue S. Weeds and brush have grown around some of the inlet and outlet pipes. No other problems or evidence of flooding or erosion were observed. Component I C — Pipe Flow (I.380'—1,8252 Runoff from the bioswale is collected into a pipe and catch basin system, which routes runoff east to I" Avenue S, then north under the west shoulder of I't Avenue S. This drainage system consists of catch basins and 18" CPEP and concrete pipes. Runoff is routed north through this system until it reaches the sag location along I" Avenue South. No evidence of flooding or erosion problems was observed. At this sag location, the pipe system connects with the cross culvert under 1st Avenue S and combines with the overflow flowpath from TDA 2. C wnponenf E — Culvert 1825'--1 865' TDA 1 runoff is routed east under I" Avenue South. The culvert is a 48" CMP with a slope of f2%. Several shopping carts and other debris were present in the channel at the inlet of the culverts. The pipe appeared to be clean, with only minor sedimentation. A small base flow was observed. The outlet end (east side of 1"Ave S) was partially submerged as a result of downstream conditions. Long term, natural sedimentation within the wetland below may explain why the Village Green of Federal Way DO 98480.6 20 culvert outlet is partially submerged, or it may have been constructed in that manner, or both. Velocities through the pipe appear to be sufficient to keep the outlet clear so as not to cause plugging. No other problems or evidence of flooding or erosion problems were observed. Component F — Sheet Flow 1 865'+ Runoff outlets east from the culvert and into a city identified wetland. A concentrated flowpath was observed for a several yards, but then flows disperse into the heavily vegetated wetland. TDA 2 Component 2A — Pipe Flow (0' — 80') Runoff exits the site along the northwestern property line and is collected by the drainage system of Cottages West and is routed north. This drainage system consists of catch basins and 12" CPEP with an average slope of 3%. No evidence of flooding or erosion problems was observed. Component 2B — Infiltration Fond 80' — 490' Runoff outlets into a pre -settling wetpond followed by an infiltration pond located in the northern portion of the Cottages West site. No evidence of flooding or erosion problems was observed. 1 Directly north of the pond, an apartment complex was constructed in the mid 1980's under King J County jurisdiction under the name of The Height on West Campus. At the time King County allowed the developer to build a retaining wall along their southern property line of The Height on West Campus. This retaining wall blocked the natural discharge point and created a manmade closed depression. If runoff were to leave the pond, approximately 10 feet of water would need to be in place for any runoff to discharge from the site. Note: The infiltration pond in TDA 2 is designed to fully infiltrate runoff up to the 100-year storm event. Therefore, the following discussion applies only to overflows, which exceed the 100-year event and are beyond the scope design. C °oni roe:ent 2C — Channeled Flow 490' — 630' Runoff from the pond would flow north onto an internal road for The Height on West Campus apartments. This runoff would be routed north over asphalt and along the flowline of the internal road, which has an average slope of 2%. No problems were observed. Component 2D -r Pipe Flow 630' — 1440' Runoff is collected by the drainage system of The Height on West Campus and routed east, towards the Pt Avenue South sag location. This drainage system consists of catch basins and 12" pipes with an average slope of 5%. No problems were observed. Village Green of Federal Way DO 98480.6 21 Component E — Culvert 1440' — 1,480 TDA 2 overflows would recombine with TDA 1 runoff at this drainage component. Task 5 — Mitigation of Existing or Potential Problems It is recommended that trash and debris, such as shopping carts, be removed from the existing Village Green stormwater facilities (Component 113) and from the inlet of the 1St Avenue S cross culvert (Component E). This debris could cause problems if washed into the pipes and flow control devices or could cause plugging or improper operation of the pond. It is also recommended that vegetation be trimmed and mowed within a 5-foot perimeter of the various pond inlet and outlet pipes to reduce the chance of plugging and also to allow for periodic inspection and cleaning. Mitigation for the dissolved oxygen problem identified in the resource review applies only to wetvaults, which are not included in this project. Mitigation for the temperature problem identified in the resource review requires shading of wetpond. The wetpond for this project is an existing facility, which is completely surrounded by trees and with trees growing in the divider berm. Furthermore, no expansion of the wetpool portion of the pond is proposed. Any expansion of the detention (live storage) portion of the pond should include replacement of trees to provide shading. Note that the dissolved oxygen and temperature problems are not applicable to TDA 2, where runoff is fully infiltrated. Village Green of Federal Way DO 98480.6 22 Lagend: SCdl9: d if2 1Mile HygbaaCrook Basin WNpfawrBasin Lamer trees River dean V Landdlde Hazard Nam 71 Loww PMt Sound Bay Erosion HaQ d Arm 0 112 1IGIOIWOr -� HSIICreek9emn Wetlands DUNCANSON COMPANY, INC. Civil Enginccring • Sumving • Und Plamung 145 SW ISSth St, Suite 102 Sewile, Washington 98166 Phone 206.244.4141 F'ax 2006244,4455 Figure 3.2 — Critical Areas Map Scale: Shown Above I Drawn: HMD I Job No: 98480.6 24 u bA Q) o O U E 0 O N-0c N L OCdO N '0 -0 L O O L n a� O bA s, O N N �L O Y5, z��z 'C3 ��; 43 N `�3�,r m 3 o aid o brio io n O U cd�• II N c 3 0 > 0 o Q, p� +, o•-�� m o z> ��w o � Y C C C w o N N N •�; z z0 j Oaa U Oo C w:2 z0)CFn U =6 C O (-o.2a) ) U o .E 7 C "O N N .L-J = E n� N Ol0 n E 'C O O O O E > 7 z W L d N O N p c to y fn cd U H d EO O Ln N kn \O O cli O 00 oo °° + C N 00 tn 00 n 0Op N — N -,z 00 m o0 N 00 Q- N a o N N o CD + > V acc > S1, bO c0 a •L > +=' 1 01 O C 7 ^ �•`� N UDoa,Q c� a� >� oo — d� x +r m N co Cl)°� 0 y� m N O o_ N •a a� U E�(D C t Fu a " p 3 °' > a ° 3 p� U Q p� P�•� U v� o a .0 E E cn in W U W w = O N T CC Er. O 3 O �O O UN cm� N d L Y n n 30 a' a C L L O` O mT— O O o +' O i> z z z° cco°' 0 Cd m a5 �, = `42 O o: cd w � E a `oa N N N N Q� OQ Z6 OCSzz z z O LL as m o .o 16 C N U C C O O N N U E N g O O O O N N __ �� z z z z w° aL N0 0 U O E O O N O 00 C N II E O O CD O N °O M � N a o 00 + -H > as m O tp N 1p _ 9 U N = Cd P C OM o o a W Orl 5� '+� C W a� Co o U'� r 0 O d Co co ¢ N U. .. c.i�O>a) � N N O ' N = N_ m m d 2 fD C N ° �a cm p U w '1 E N 3 n= 1 O ai to E n 9' Y c:E ~ iZ wm w Q U N w F p Q U o d E a) CO Section 4 Flow Control, Low Impact Development (LID) and Water Quality Facility Analysis and Design Village Green of Federal Way DO 98480.6 27 Section 4 — Flow Control, LID, & Water Quality Facility Analysis & Design TDA 1 Part A -- Existing Site Hydrology Stormwater from the TDA 1 site is and will be collected in catch basins and routed through an existing detention/wet pond located in the northeastern corner of the Village Green site — see Figure 1.3.1 — TDA 1 Basin Map. While Village Green Phase I is not part of the current proposal, it was necessary to model the hydrology of that existing development since it also contributes to the same detention pond that the current project TDA 1 will use. The Village Green Phase I impervious and pervious areas will remain; are not being redeveloped; are mitigated by an existing facility; and are not target impervious surfaces. TDA 1 is 4.37 acres. The small paved loop driveway existed prior to 2001 and is not considered a target surface; and was therefore modeled as impervious. The remainder of TDA 1 is target surface and is modeled as C, Forest. The combined existing site hydrology of the existing Village Green Phase I and the current project TDA 1 is summarized as follows: L' Basin 1 Predevetop' — Subbasin Name: Basin I Surface lnterflOw Groundwater Flows To = Trapezoidal Pond 1 Trapezoidal Nnd 1 Area in Basin Fv Show Only Selected Available Pervious Acres r%o C, Forest, Flat 4.15 Iv- C, Lawn, Flat 4.74 Available Impervious Acres r BOOF TOPS/FLAT Village Green of Federal Way DCI 98480.6 28 Part B — Developed Site Hydrology See Figures Figure 1.3.1 — TDA 1 Basin Map. Site improvements for TDA 1 will include sewer and water utility services, storm drain conveyance piping, dry utilities, roads, sidewalks and five buildings. The fully developed site conditions will have approximately 6.39 acres of impervious surface including the existing Phase I areas. The remainder of the site was modeled as C, Lawn. The various cover types occur in the following proportions: • Basin 1 Mitigated Subbasin Name: Basin 1 r Desigriate as Bypass for PO C: Surface Interflow Groundwater Flows To: Trapeaoidall"cr. 1 Trapezoidal Pond 1 Area in Basin Available Pervious Acres y C, Lawn. Flat is.66 TDA 2 Fv Show Only Selected Available Impervious Acres ROnF TOPSlFLAT 6.39 Stormwater from the TDA 2 is collected in catch basins and routed through an existing presettling/wet pond to an infiltration pond located in the northwestern corner of the Cottages West site — see Figure 1.3.2 — TDA 2 Basin Map. Complete water quality and infiltration analysis and sizing is contained in the TIR for the Plat of Tuscany (FW 01-103235-00-EN). The existing infiltration pond was design to fully infiltrate all runoff, thus achieving the Conservation Flow Control standard. Also, since TDA 2 is served by an infiltration pond, On -Site Stormwater BMPs are not required in this TDA. Soil treatment, preceded by the presettling pond provide the Enhanced Basic Water Quality Standard. Part C — Performance Standards The site is subject to Conservation Flow Control and Enhanced Basic Water Quality standards. Village Green of Federal Way DCI 98480.6 29 Part D — TDA I Flow Control System The existing detention pond was designed to meet a peak flow matching standard, dating back to circa 1990 requirements. The current Conservation Flow Control standard is more restrictive. Based on as -built information the existing pond provides approximately 90,000 CF of storage volume. A WWHM analysis was run to determine and approximate pond volume to meet the current Conservation Flow Control Standard, matching forested conditions for all new target surfaces and existing conditions for existing development draining to the same pond. It is estimated that the pond will need to be expanded to approximately 147,000 CF (3.38 ac-ft) to meet current standards. This can be achieved by expanding the pond to the west and south and increasing the berm height by approximately 0.8 feet. The flow control structure will also need to be modified. A conceptual pond configuration is presented below. A WWHM report is included in Appendix A. Facility Name jTrapewidal Pond 2 Facility Type ITrape2cidal p. Outlet 1 Outlet 2 Outlet 3 Downstream Connections 10 Q-710 F Precipitation Applied to Facility Auto Pond Quick Pond EvaparakionAppGed to Facili Facility Dimension Diagrsm Facility Dimensions Outlet Structure Data Facility Bottom Elevation (ft) ® Riser Height (ft) 5.8 Bottom Length (ft) 1240 Riser Diameter (in) 1 g Bottom Width (ft) 90 Riser Type Flat =� Effective Depth (ft) 6.5 Notch Type Left Side Slope (HN) Bottom Side Slope (HN) 0� Right Side Slope [HN) ��_J Top Side Slope [HN)—J Orifice Diameter Height Infiltration NO Number (in) (ft) 1.6 ^:'� 205 ^H 3 0.7 3.8 ^� Village Green of Federal Way Pond Volume at Riser Head (ac-ft) 3.383 Show Pond Table Open Table ^H Initial Stage (ft) DO 98480.6 30 BMP Selection Full Dispersal is not feasible on this site due to lack of available flow paths. Full Infiltration is also not likely feasible due to soil type. Limited room is available making Bioretention likely infeasible. BMP requirements are expected to be achieved with areas of Permeable Pavement in light traffic areas, with Limited Infiltration where soil conditions are favorable and Basic Dispersal can be employed around the site where minimum flow paths are available. Potential BMPs are shown on the preliminary drainage plan. Final selection and location of On -Site Stormwater BMPs will be done at the building permit stage. No credit has been taken for BMPs in the above detention sizing, although BMPs will likely reduce the required size of the detention pond. Part E—TDA 1 WatcrQuaiiti' System The existing wetpond followed by a biofiltration swale does not meet the current Enhanced Basic Water Quality Standard. In order to meet this standard for this Phase of the project, Filterra planter boxes are proposed to treat runoff from new/replaced pollution generating surfaces (PGIS and PGPS). Filterra have WSDOE GULD approval to provide Enhance treatment. Filterra units can be located adjacent to the drive aisles and parking bays. Where required due to grade constraints, runoff may be piped to remote Filterra planters to allow for gravity flow. Final placement and number of Filterra units will be determined at building permit stage when the final grading plan is developed. The sizing and number of Filterra units will be based on Ecology's GULD approved loading rates. Roof material is planned to be composition, which is excluded from PGIS. A non - leachable covenant can accompany the future building permits. It is not expected that the wetpool volume will need to be expanded as the sizing methodology of these facilities has not changed over the years. Village Green of Federal Way DCI 98480.6 31 Section 5 Conveyance System Analysis and Design Village Green of Federal Way DO 98480.6 32 Section 5 — Conveyance System Analysis and Design This section will be completed at the final engineering stage. Village Green of Federal Way DO 98480.6 33 Section G Special Reports and Studies Village Green of Federal Way DO 98480.6 34 Section 6 —Special Reports and Studies A current geotechnical report (ZipperGeo 2018) has been prepared and is included in the following pages. Village Green of Federal Way DO 98480.6 35 GEOTECHNICAL ENGINEERING REPORT VILLAGE GREEN RETIREMENT CAMPUS 35419 1s' AVENUE S FEDERAL WAY, WASHINGTON Project No. 1969.01 March 19, 2018 Prepared for: RJ Development Approximate Current Phase of Construction Prepared by: ZipperGeo Geoprofessional Consultants 19019 36t" Avenue W., Suite E Lynnwood, WA 98036 36 Project No. 1969.01 March 19, 2018 RJ Development 401 Central Street SE Olympia, WA 98501 Attn: Mr. Austin Groves Subject: Geotechnical Engineering Report Village Green Retirement Campus 35419 15t Avenue S Federal Way, Washington Dear Mr. Groves, In accordance with your request and written authorization, Zipper Geo Associates, LLC (ZGA) has completed the subsurface exploration and geotechnical engineering evaluation for the current phase of the proposed Village Green Retirement Campus. This report presents the results of the subsurface exploration and document review, as well as our geotechnical engineering recommendations for the project. Our services were completed in general accordance with our Proposal for Geotechnical Engineering Services (Proposal No. P18103) dated February 6, 2018. Written authorization to proceed on our proposed scope of services was also provided by RJ Development on February 6, 2018. We appreciate the opportunity to be of service to you on this project. If you have any questions concerning this report, or if we may be of further service, please contact us. Sincerely, Zipper Geo Associates, LLC P z_ James P. Georgis, L.E.G. Principal Ryan M. Scheffler, P.E. Senior Geotechnical Engineer 37 TABLE OF CONTENTS Page INTRODUCTION...........................................................................................................................................1 SITEAND PROJECT DESCRIPTION.......................................................................................................... 1 SUBSURFACECONDITIONS...................................................................................................................... 2 MappedGeology ..................................................... .. _.............. ...... ...............................................2 SoilConditions......................................................... ........................... ........ ...... .................... ............ w...... ....2 GroundwaterConditions.............................................................................. .. • .......... .. .......................2 LaboratoryTesting ........ .............................................. ............................................ ........................... ... .......... 3 CONCLUSIONS AND RECOMMENDATIONS............................................................................................3 GeneralConsiderations...................................................................................................................................3 SitePreparation...............................................................................................................................................3 Structural Fill Materials and Preparation .................. ....... ............................... ........................... I.- ................. 4 SeismicDesign Considerations............................................................................................_...........I...............7 Shallow Foundation Recommendations.....................................................................................................8 On -Grade Concrete Slabs .............................. ...................................... ......... .................... ............... ...... .........8 LateralEarth Pressures................................................................ ... .............. ... .............................. 8 StormwaterManagement................ .......... ..................................... .................... ................................... I— .... 9 CLOSURE.................................................... ...............................................................................................10 Figure 1— Site and Exploration Plan APPENDICES Appendix A —Subsurface Exploration Procedures and Logs Appendix B — Laboratory Testing Procedures and Results Appendix C — Excerpts from Earth Consultants, Inc. Reports Cover Page Photo Credit: Google Earth Pro, 2017 Aerial Photo 38 GEOTECHNICAL ENGINEERING REPORT VILLAGE GREEN RETIREMENT CAMPUS FEDERAL WAY, WASHINGTON Project No. 1969.01 March 19, 2018 INTRODUCTION This report documents the surface and subsurface conditions encountered at the project site and our geotechnical engineering recommendations for the current proposed phase of the Village Green Retirement Campus in Federal Way, Washington. The project description, site conditions, and our geotechnical conclusions and design recommendations are presented in the text of this report. Supporting data including detailed exploration logs and field exploration procedures, results of laboratory testing, and other supporting information are presented as appendices. Our geotechnical engineering scope of services for the project included a review of published geologic maps and previously completed geotechnical reports for the site by Earth Consultants, Inc. (ECI), site reconnaissance, subsurface evaluation, laboratory testing, geotechnical engineering analysis, and preparation of this report. The subsurface evaluation included advancement of six exploratory borings (designated B-1 through B-6) extending to depths between approximately 16% to 26% feet below the existing ground surface nearthe proposed building locations. ECI's previous reports also include exploration logs for 2 borings and 23 test pits completed across the larger project site, including three test pits within the bounds of the current project phase. SITE AND PROJECT DESCRIPTION The project is located on a roughly 4.9-acre parcel north of SW 356th Street and west of 2nd Avenue SW in Federal Way, Washington. In addition to the subject parcel, two additional parcels to the north and east comprise the Village Green Retirement Campus. Residences and community buildings with associated infrastructure were previously constructed on the adjacent eastern parcel during an initial development phase in 2002 or 2003 and an on the northern parcel some time between 2007 and 2009. Two new residential structures are currently under construction near the northeast corner of the subject parcel. We understand the project will consist of constructing four new residential structures, a small community building, and a larger multi -story memory care facility. The site generally grades down from southeast to northwest. Based on the site grades and layout of existing buildings, we expect the new buildings will primarily consist of 1 to 2 stories with daylight basements below. Access roads (4th Place SW, SW 353rd Place, and 354th Place) and utilities for the current development phase were previously constructed, so limited paving and minor utility connections are anticipated. We understand the stormwater detention and infiltration ponds located near the northwest corner of the campus were originally sized for the fully I developed site and resizing or construction of new facilities is not currently anticipated. A groundwater monitoring program is currently in place within the existing infiltration pond and results will be presented after the data loggers have been removed upon conclusion of the wet season. 39 SUBSURFACE CONDITIONS Mapped Geology According to the U.S. Geological Survey Geologic Map of the poverty bay 7.5' quadrangle, King and Pierce Counties, by Booth, D.B., Waldron, H.H., and Troost, K.G. (2004), the surficial geology including the area of the project site is mapped as recessional outwash deposits (Qvr) with glacial till (Qvt) deposits mapped nearby to the west. The recessional deposits are described as consisting of stratified sand and gravel with some areas of silty sand that were deposited by meltwater streams during glacial retreat. The glacial till deposits were transported, deposited, and overridden by glaciers and commonly consist of compact mixture of sand, silt, and gravel that is often referred to as "hardpan." The soil conditions encountered in our borings generally matched the mapped deposits and we interpreted the upper, relatively coarse - grained material as recessional outwash with the siltier glacial till below. ECI's reports did not label the upper material, but they described the soil below as glacial till. Soil Conditions The subsurface evaluation for this project included advancement of six borings (B-1 through B-6) completed throughout the area of the current phase. The borings were extended to depths ranging from about 16%2 to 30Y2 feet below the existing ground surface and their approximate locations are shown on Figure 1, the Site and Exploration Plan. Soils were visually classified in general accordance with the Unified Soil Classification System. A descriptive log of the subsurface exploration and the procedures utilized in the subsurface exploration program are presented in Appendix A. A generalized description of soil conditions encountered in the borings is presented below. Please refer to the boring logs in AppendixA for a more detailed description of the conditions encountered at the exploration locations. Soil conditions observed in the borings generally consisted of about 4 to 6 inches of root mass, forest duff, and topsoil underlain by medium dense to very dense gravels and sands with a low to moderate silt content, interpreted as recessional outwash, to depths ranging from about 7 to 19 feet. Below the outwash, very dense silty sand with gravel, interpreted as glacial till, was encountered to the full exploration depths. The moisture content of the samples collected from the borings generally ranged from damp to moist. Three test pits advanced by ECI within the area of the current phase (TP-105 through TP-107) were excavated to depths of about 8 to 9 feet below the ground surface. The logs of these test pits, as well as ECI's Boring & Test Pit Location Plan, are included in Appendix C. Within the test pits, ECI generally reported similar soil conditions to those noted above, though these test pits did not appear to extend into the underlying glacial till. Groundwater Conditions I Groundwater was not encountered within the full depth of our borings during the time of drilling, nor was it reported by ECI within their explorations. Fluctuations in groundwater levels, and the development of 40 perched groundwater layers, will likely occur due to seasonal variations in the amount of rainfall, runoff and other factors not evident at the time the exploration was performed. Therefore, groundwater levels during construction or at other times in the life of the structure may be higher than indicated on the logs. The possibility of groundwater level fluctuations should be considered when developing the design and construction plans for the project. A groundwater monitoring program is currently in progress within the infiltration pond near the northwest corner of the site. Results of the monitoring program will be presented following conclusion of the wet season. Laboratory Testing Laboratory testing for soil moisture content, fines content, and grain -size distribution was completed on selected samples obtained from our borings. The results of the moisture content tests are presented on the boring logs in AppendixA while the results of the grain -size distribution tests are presented in Appendix B. In general, test results indicated the upper recessional outwash soils have a fines content (that portion passing the U.S. No. 200 sieve) on the order of about 5 to 13 percent, while the deeper glacial till has a fines content of about 32 to 35 percent. CONCLUSIONS AND RECOMMENDATIONS General Considerations Based on the subsurface conditions encountered and described in previous sections, in our opinion the proposed buildings can be supported on conventional shallow foundations bearing on at least medium dense native soil, contingent on proper design and construction practices and implementation of the recommendations presented in this report. Geotechnical engineering recommendations for shallow spread footings and other earthwork related phases of the project are presented below. The recommendations contained in this report are based upon the results of field and laboratory testing (which are presented in Appendices A and B), review of previews reports for the larger development by ECI (excerpts of which are presented in Appendix C), engineering analyses, and our current understanding of the proposed project. ASTM and Washington State Department of Transportation (WSDOT) specification codes cited herein respectively refer to the current manual published by the American Society for Testing & Materials and the 2016 edition of the Standard Specifications for Road, Bridge, and Municipal Construction (M41-10). Site Preparation Clearing and Stri in : Based on conditions observed in our borings we expect stripping depths on the order of about 4 to 8 inches in depth will be required to remove the upper forest duff and organic material from below areas of future pavements and structures. These materials are not suitable for reuse as structural fill. Greater depths will likely be required to remove root balls associated with the trees and brush covering much of the undeveloped portions of the site. 41 Subgrade Preparation: Once site preparation is complete, all areas that do not require over -excavation and are at design subgrade elevation or areas that will receive new structural fill should be compacted to a firm and unyielding condition. Depending on conditions encountered at the time of construction, some moisture conditioning of subgrade soils may be required to achieve a moisture content appropriate for compaction. The extent of moisture conditioning will likely be a function of when the site earthwork takes place. A suitable moisture content is generally within ±2 percent of the soils optimum moisture content. As noted above, laboratory tests indicate the upper recessional outwash sands and gravels encountered in our explorations have a fines content on the order of about 5 to 13 percent. These soils will be moderately sensitive to disturbance from construction activity and increased moisture. If exposed in excavations for daylight basements or deeper footings, the underlying glacial till soils will be highly moisture sensitive due to their relatively high fines content. If possible, we recommend that earthwork be completed during drier periods of the year when the soil moisture content can be controlled by aeration and drying. If earthwork or construction activities take place during extended periods of wet weather, or if the in situ moisture conditions are elevated above the optimum moisture content, the soils could become unstable or not be compactable. Construction activity should be monitored and should be limited to the extent feasible if the activity is causing subgrade disturbance. In the event the exposed subgrade becomes unstable, yielding, or unable to be compacted due to high moisture conditions, we recommend that the materials be removed to a sufficient depth in order to develop stable subgrade soils that can be compacted to the minimum recommended levels. The severity of construction problems will be dependent, in part, on the precautions that are taken by the contractor to protect the subgrade soils. If protecting stable subgrades becomes necessary, either inside or outside the building pads, we recommend using crushed rock or crushed recycled concrete. The thickness of the protective layer should be determined by the contractor at the time of construction based on the moisture condition of the soil, weather conditions, and the amount of anticipated traffic. Freezing Conditions: If earthwork takes place during freezing conditions, exposed subgrades should be allowed to thaw and then be compacted prior to placing subsequent lifts of structural fill. Alternatively, the frozen material could be stripped from the subgrade to expose unfrozen soil prior to placing subsequent lifts of fill or foundation components. The frozen soil should not be reused as structural fill until allowed to thaw and adjusted to the proper moisture content, which may not be possible during winter months. Structural Fill Materials and Preparation Structural fill includes any material placed below or adjacent to foundations, below concrete slabs, within utility trenches, or other areas to support settlement -sensitive site improvements. Prior to the placement of structural fill, all surfaces to receive fill should be prepared as previously recommended in the Site Preparation section of this report. 42 Reuse of Site Soils as Structural Fill: Field and laboratory test data indicate that the soils encountered on site below the topsoil and forest duff are suitable for reuse as general structural fill from a compositional standpoint provided the soil is placed and compacted in accordance with the compaction recommendations presented in this report. However, as noted above, the recessional outwash sand and gravel soil has a fines content on the order of about 5 to 13 percent and will be moderately sensitive to increases in moisture content. The underlying glacial till has a relatively high portion of fines and will be highly moisture sensitive. If site soils are planned for reuse, they should be protected from an increase in moisture content during periods of wet weather. At a minimum, we recommend stockpiles of excavated material to be used as structural fill on the site be covered with plastic sheeting if rain is in the forecast. We recommend that site soils used as structural fill have less than 4 percent organics by weight and have no woody debris greater than % inch in diameter. We recommend that all pieces of organic material greater than % inch in diameter be picked out of the fill before it is compacted. Any organic -rich soil derived from earthwork activities should be utilized in landscape areas or wasted from the site. Irhoorted Structural Fill: Imported structural fill may be required if the on -site soils cannot be adequately compacted at the time of construction due to elevated moisture content, or other reasons. The appropriate type of imported structural fill will depend on weather conditions. During extended periods of dry weather, we recommend imported fill, at a minimum, meet the requirements of Common Borrow as specified in Section 9-03.14(3) of the 2016 Washington State Department of Transportation, Standard Specifications for Road, Bridge, and Municipal Construction (WSDOT Standard Specifications). During wet weather and/or wet site conditions, higher -quality structural fill might be required, as Common Borrow may contain sufficient fines to be moisture -sensitive. During wet conditions, we recommend that imported structural fill consist of a "clean", free -draining pit -run sand and gravel. Such material should generally contain less than 5 percent fines, based on that soil fraction passing the U.S. No. 4 sieve, and not contain discrete particles greater than 3 inches in maximum dimension. Alternatively, Crushed Surfacing Base Course or Gravel Borrow conforming to Sections 9-03.9(3) and 9-03.14(1), respectively, of the WSDOT Standard Specifications could be used during wet weather. It should be noted that the placement of structural fill is, in many cases, weather -dependent. Delays due to inclement weather are common, even when using select granular fill. We recommend that site grading and earthwork be scheduled for the drier months, if possible. Moisture Content: The suitability of soil for use as structural fill will depend on the time of year, the moisture content of the soil, and the fines content of the soil. As the amount of fines increases, the soil becomes increasingly sensitive to small changes in moisture content. Soils containing more than about 5 percent fines (such as the deeper on -site glacial till soils) cannot be consistently compacted to the appropriate levels when the moisture content is more than approximately 2 percent above or below the optimum moisture content (per ASTM D 1557). Optimum moisture content is that moisture content which results in the greatest compacted dry density with a specified compactive effort. Fill Placement and Compaction: Structural fill should be placed in horizontal lifts not exceeding 10 inches in loose thickness. Thinner lifts may be necessary, depending on the size and weight of the compaction 43 equipment. Each lift of fill should be compacted to the minimum levels recommended in the table below based on the maximum laboratory dry density as determined by the ASTM D 1557 Modified Proctor Compaction Test. Structural fill placed in municipal rights -of -way should be placed and compacted in accordance with the jurisdiction codes and standards. We recommend that a geotechnical engineer be present during grading so that an adequate number of density tests may be conducted as structural fill placement occurs. In this way, the adequacy of the earthwork may be evaluated as it proceeds. Recommended Soil Compaction Levels Location Minimum Percent Compaction* Stripped native subgrade soils, prior to fill placement (upper 12 inches) 95 _ All fill below building floor slabs and foundations 95 Upper 2 feet of fill below pavements 95 Pavement fill below two feet Utility trench backfill Landscape Areas * ASTM D 1557 Modified Proctor Maximum Dry Density 92 95 90 Temporary and Permanent Slopes: Temporary excavation slope stability is a function of many factors, including: • The presence and abundance of groundwater; • The type and density of the various soil strata; • The depth of cut; • Surcharge loadings adjacent to the excavation; and • The length of time the excavation remains open. It is exceedingly difficult under the variable circumstances to pre -establish a safe and "maintenance -free" temporary cut slope angle. Therefore, it should be the responsibility of the contractor to maintain safe temporary slope configurations since the contractor is continuously at the job site, able to observe the nature and condition of the cut slopes, and able to monitor the subsurface materials and groundwater conditions encountered. Unsupported vertical slopes or cuts deeper than 4 feet are not recommended if worker access is necessary. The cuts should be adequately sloped, shored, or supported to prevent injury to personnel from local sloughing and spalling. The excavation should conform to applicable Federal, State, and Local regulations. We recommend permanent fill placed on slopes steeper than about 5H:1V (Horizontal:Vertical) be keyed and benched into soils comprising the underlying slope. We recommend that the base downslope key be cut into undisturbed native soil and be at least 5 feet wide and 2 feet deep. The hillside benches cut into the native soil should be at least 3 feet in width. The intent of the benches is to provide a level surface onto which new fill can be placed and compacted. The face of the embankment should be compacted to 44 the same relative compaction as the body of the fill. This may be accomplished by over -building the embankment and cutting back to the compacted core. We recommend that all permanent cut or fill slopes constructed in native soils be designed at a 2%H:1V (Horizontal:Vertical) inclination or flatter. All permanent cut and fill slopes should be adequately protected from erosion both temporarily and permanently. Seismic Design Considerations Seismic Settin : Based on our review of the Washington Interactive Geologic Map available online (https://fortress.wa.gov/dnrlprotectiongis/geo[Qgv/), the project site lies within the Tacoma Fault Zone. The nearest mapped fault trace, however, is located approximately 1 mile to the northeast. According the USGS, the fault age is less than 15,000 years, has been mapped with east striking features, and is in the slip rate category of between 0.2 and 1.0 mm/year. Based on the information described above, we estimate that the risk associated with fault surface rupture at the site is low. IBC Seismic Design Parameters: Values provided below are based upon data from the 2012/2015 International Building Code. The following table summarizes our recommended seismic design criteria. Our recommendation to use Seismic Site Class D is based on the subsurface conditions encountered, deep subsurface conditions presented on geologic maps that include the project site, and our familiarity of the geologic conditions in the area. IBC Seismic Design Criteria Parameter Value 2012/2015 International Building Code Site Classification Site Class D Site Latitude/Longitude 47.2839/-122.3379 Mean Peak Ground Acceleration, PGAM 0.500g Spectral Short -Period Acceleration, S5 1.285g (Site Class B) Spectral 1-Second Acceleration, S1 0.495g (Site Class B) Site Coefficient for a Short Period, Fa 1.000 Site Coefficient for a 1-Second Period, F,, 1.505 Spectral Acceleration for a 0.2-Second Period, SMs 1.285g (Site Class D) . Spectral Acceleration for a 1-Second Period, SMi 0.745g (Site Class D) Design Short -Period Spectral Acceleration, SDs 0.857g (Site Class D) Design 1-Second Spectral Acceleration, SD1 0.497g (Site Class D) The site soils are not considered to be prone to liquefaction due to their relative density and the absence of groundwater observations within the full depth of our explorations. The potential for seismic related settlement is considered low and foundation bearing capacity failure is considered unlikely during a design -level earthquake. 45 Shallow Foundation Recommendations Allowable Bearing Pressure: In order to limit settlement to less than 1 inch total and 3/ inch over 40 feet differential, we recommend that continuous and column footings bearing on at least medium dense outwash soil or structural fill placed in accordance with the recommendations in this report and compacted to at least 95 percent of the modified Proctor maximum dry density per ASTM D 1557 be designed using a maximum allowable bearing capacity of 3,000 psf. A one-third increase of the bearing pressure may be used for short-term dynamic loads such as wind and seismic forces. Shallow Foundation Depth and Width: For frost protection, we recommend the bottom of all exterior footings bear at least 18 inches below the lowest adjacent outside grade, whereas the bottoms of interior footings should bear at least 12 inches below the surrounding slab surface level. We recommend that all continuous wall and isolated column footings be at least 12 and 24 inches wide, respectively. Lateral Resistance: We recommend using allowable base friction and passive earth resistance values 0.40 and 350 pcf equivalent fluid pressure, respectively. We recommend that passive resistance be neglected in the upper 18 inches of embedment. On -Grade Concrete Slabs Subgrade Preparation: After removal of trees, forest duff, organic material, and other items noted in the Site Preparation section of this report, we recommend at least the upper 12 inches of material below the slab base be scarified and recompacted to a firm and unyielding condition and to a minimum of 95 percent of the modified Proctor maximum dry density per ASTM D 1557. Slab Base: To provide a uniform slab bearing surface, capillary break, and even working surface, we recommend the on -grade slabs be underlain by a 6-inch thick layer of compacted crushed rock meeting the requirements of Crushed Surfacing Top Course as specified in Section 9-03.9(3) of the WSDOT Standard Specifications with the modification that a maximum of 7.5 percent of the material passes the U.S. No 200 sieve. Vapor_: From a geotechnical perspective, a vapor barrier is not considered necessary beneath the slab on grade floor unless moisture sensitive floor coverings and/or adhesives are used. If a vapor barrier is used, we recommend using a 15-mil, puncture -resistant proprietary product such as Stego Wrap, or an approved equivalent that is classified as a Class A vapor retarder in accordance with ASTM E 1745. Overlap lengths and the appropriate tape used to seal the laps should be in accordance the vapor retarder manufacturer's recommendations. To avoid puncturing of the vapor barrier, a thin sand layer placed over the crushed gravel is recommended. When conditions warrant the use of a vapor retarder, the slab designer and slab contractor should refer to ACI 302 and ACI 360 for procedures and cautions regarding the use and placement of a vapor retarder/barrier. Lateral Earth Pressures The lateral soil pressures acting on backfilled retaining walls will depend on the nature and density of the -f soil behind the wall, and the ability of the wall to yield in response to the earth loads. Yielding walls (i.e. 46 walls that are free to translate or rotate) that are able to displace laterally at least 0.0011-1, where H is the height of the wall, may be designed for active earth pressures. Non -yielding walls (i.e. walls that are not free to translate or rotate) should be designed for at -rest earth pressures. Non -yielding walls include walls that are braced to another wall or structure, and wall corners. Assuming that walls are backfilled and drained as described in the following paragraphs, we recommend that yielding walls supporting horizontal backfill be designed using an equivalent fluid density of 35 pcf (active earth pressure). Non -yielding walls should be designed using an equivalent fluid density of 50 pcf (at -rest earth pressure). Surcharge pressures due to sloping backfill, adjacent footings, vehicles, construction equipment, etc. must be added to these lateral earth pressure values. For traffic loads, we recommend using an equivalent two -foot soil surcharge of about 250 psf. For yielding and non -yielding walls with level backfill conditions, we recommend that a uniformly distributed seismic pressure of 7H psf for the active case and 12H psf for the at -rest case, where H is the height of the wall, be applied to the walls. The above equivalent fluid pressures are based on the assumption of no buildup of hydrostatic pressure behind the wall. If groundwater is allowed to saturate the backfill soils, hydrostatic pressures will act against a retaining wall; however, if the recommended drainage system is included with each retaining wall, we do not expect that hydrostatic pressures will develop. Stormwater Management As a part of previous construction phases, a stormwater detention pond and an infiltration pond were constructed near the northwest corner of the campus. We understand the ponds were sized to accommodate the full campus buildout and will be used to treat and infiltrate stormwater runoff from the current proposed phase. In order to aid in evaluation of the current functionality of the infiltration pond, we excavated a small pit using hand tools near the center of the pond and installed a groundwater level data logger within a vertical, slotted PVC pipe. The data logger will be retrieved upon conclusion of the wet season and hourly water level readings from the date of installation to the date of retrieval will be downloaded and processed. A letter addendum to this report will be submitted following retrieval of the data logger that includes a summary of the water levels observed in the infiltration pond, subsurface conditions encountered in our hand excavation, and results of cation exchange capacity and organic content tests performed on shallow soils obtained from our hand excavation. 47 CLOSURE The analysis and recommendations presented in this report are based, in part, on the explorations completed for this study and review of previously prepared reports described in the text. The number, location, and depth of the explorations for the current phase of the project were completed within the constraints of budget and site access so as to yield the information to formulate our recommendations. Project plans were in the preliminary stage at the time this report was prepared. We therefore recommend Zipper Geo Associates, LLC be provided an opportunity to review the final plans and specifications when they become available in order to assess that the recommendations and design considerations presented in this report have been properly interpreted and implemented into the project design. The performance of shallow foundations and slabs on grade depend greatly on proper site preparation and construction procedures. We recommend that Zipper Geo Associates, LLC be retained to provide geotechnical engineering services during the site preparation and foundation construction phases of the project. If variations in subsurface conditions are observed at that time, a qualified geotechnical engineer could provide additional geotechnical recommendations to the contractor and design team in a timely manner as the project construction progresses. This report has been prepared for the exclusive use of RJ Development, and their agents, for specific application to the project discussed and has been prepared in accordance with generally accepted geotechnical engineering practices. No warranties, express or implied, are intended or made. Site safety, excavation support, and dewatering requirements are the responsibility of others. In the event that changes in the nature, design, or location of the project as outlined in this report are planned, the conclusions and recommendations contained in this report shall not be considered valid unless Zipper Geo Associates, LLC reviews the changes and either verifies or modifies the conclusions of this report in writing. 48 ~w O Z Z X U F o a A C ¢ Oz0 '1 . T O -JiwN zw Z,Q o WF 3 X G �� N w_ w 3 Z z w rn 0 u 0x c)m 0f o ¢ N N 00 x5F �``� w x¢a < Fza N ¢ w d � qm co I N O IIII 0 m ~ — L w I m; .... •r —ai I { I l `1 m m LO a ❑ S �j •.T� l 1 � m l U w w oc > Z I" a N a U z U �g cb j U I� f f J w I! w LU K APPENDIX A SUBSURFACE EXPLORATION PROCEDURES AND LOGS 50 APPENDIX A SUBSURFACE EXPLORATION PROCEDURES AND LOGS Field Exploration Description Our field exploration for this project included advancing six borings across the proposed current phase of the project on February 18, 2018. The approximate locations of the explorations are presented on Figure 1, the Site and Exploration Plan. Exploration locations were determined in the field based on hand measurements from existing site features. As such, the exploration locations should be considered accurate only to the degree implied by the measurement method. Descriptive logs of the borings are enclosed in this appendix. A current topographic survey of the site was not available at the time of this report. Therefor, ground surface elevations of the explorations were not determined. The borings were advanced using a track -mounted drill rig operated by an independent drilling company (Holocene Drilling, Inc.) working under subcontract to ZGA. The borings were advanced using hollow - stem auger drilling methods. An engineer from our firm continuously observed the borings, logged the subsurface conditions encountered, and obtained representative soil samples. All samples were stored in moisture -tight containers and transported to our laboratory for further evaluation and testing. Samples were obtained by means of the Standard Penetration Test at 2.5-to 5-foot intervals throughout the drilling operation. The Standard Penetration Test (ASTM D 1586) procedure consists of driving a standard 2-inch outside diameter steel split spoon sampler 18 inches into the soil with a 140-pound hammer free falling 30 inches. The number of blows required to drive the sampler through each 6-inch interval is recorded, and the total number of blows struck during the final 12 inches is recorded as the Standard Penetration Resistance, or "blow count" (N value). If a total of 50 blows is struck within any 6-inch interval, the driving is stopped and the blow count is recorded as 50 blows for the actual penetration distance. The resulting Standard Penetration Resistance values indicate the relative density of granular soils and the relative consistency of cohesive soils. The enclosed boring logs describe the vertical sequence of soils and materials encountered in the borings, based primarily upon our field classifications. Where a soil contact was observed to be gradational, our log indicates the average contact depth. Where a soil type changed between sample intervals, we inferred the contact depth. Our logs also graphically indicate the blow count, sample type, sample number, and approximate depth of each soil sample obtained from the borings. If groundwater was encountered, the approximate groundwater depth, and date of observation, are depicted on the logs. 51 See Figure 1, Site and Exploration Plan 2/18/2018 SOIL DESCRIPTION The stratification lines represent the approximate boundaries Qbetween soil types. The transition may be gradual. Refer to report text and appendices for additional information. 0 6 inches of grass, organics, and forest duff •`I ------------------------------------------ Medium dense to dense, moist, tan, gravelly SAND, some silt (Recessional Outwash) F- 5 110• l-15- M --------------------------------------- Very dense, moist, gray -brown silty SAND, with gravel (Glacial Till) SAMPLE LEGEND GROUNDWATER LEGEND I2-inch O.D. split spoon sample ❑ Clean Sand 3-inch I, D. Shelby tube sample ® Bentonite Grout/Concrete ® Screened Casing TESTING KEY ❑ Blank Casing GSA = Grain Size Analysis Groundwater level at time of drilling (ATD) or 20OW = 200 Wash Analysis N on date of Consol. = Consolidation Test N measurement. Att. = Atterberg Limits Drilling Company: Holocene Drilling Bore Hole Di a.: 8 inches Drilling Method: Hollow Stem Auger Hammer Tvpe: Auto Drill Rip: D50 Logged by. SNM PENETRATION RESISTANCE (blows/foot) �3 U) u c E J Standard Penetration Test d E¢ 0 Hammer Weight and Drop: c U) 2 0 0 20 40 60 m M 1111111,rim"11111111�1■ P!, 1 1 ■ 0 % Fines (<0.075 mm) O % Water (Moisture) Content Plastic Limit I — d Liquid Limit Natural Water Content Village Green Retirement Campus 35419 1 st Avenue South Federal Way, Washington Date: March 2018 Project No.: 1969.01 Zipper Geo Associates BORING B-1 19019 36th Ave. W, Suite E LOG: Lynnwood, WA Page 1 of 2 See Figure 1, Site and Exploration Plan 2/18/2018 SOIL DESCRIPTION i Lam, The stratification lines represent the approximate boundaries Q between soil types. The transition may be gradual. Refer to report text and appendices for additional information. 25 F40 �45 Boring terminated at approximately 26 1/2 feet. Groundwater not observed while drilling. SAMPLE LEGEND GROUNDWATER LEGEND I2-inch O.D. split spoon sample ❑ Clean Sand 3-inch I.D. Shelby tube sample ® Bentonite Grout/Concrete ® Screened Casing TESTING KEY ❑ Blank Casing GSA = Grain Size Analysis Groundwater level at time of drilling (ATD) or 20OW = 200 Wash Analysis N on date of Consol. = Consolidation Test N measurement. Aft. = Atterberg Limits Drilling Company Holocene Drilling Bore Hole Dia.: 8 inches Drilling Method: Hollow Stem Auger Hammer Tye Auto Drill Rig D50 Logged bv, SNM PENETRATION RESISTANCE (blows/foot) E m Standard Penetration Test o J Qo A Hammer Weight and Drop: o 0 Co 0 20 40 60 7M O % Fines (<0.075 mm) O % Water (Moisture) Content Plastic Limit r $—d Liquid Limit Natural Water Content Village Green Retirement Campus 35419 1st Avenue South Federal Way, Washington Date: March 2018 Project No.: 1969.01 Zipper Geo Associates BORING B-1 19019 36th Ave. W, Suite E LOG: Lynnwood, WA Page 2 of 2 i Sorino Locailon; See Figure 1, Site and Exploration Plan Top Elevation: - Date Drilled: 2/18/2018 SOIL DESCRIPTION Z The stratification lines represent the approximate boundaries Qbetween soil types. The transition may be gradual. Refer to report text and appendices for additional information. 0 . 2 inches crushed gravel surfacing Medium dense, moist, brown, sandy GRAVEL, some silt (Recessional Outwash) Blowcount overstated on rock i- 5 i10 F15 Drilling Company Holocene Drilling Bore Hole Dia.: 8 inches Drilling Method: Hollow Stem Auger Hammer Type: Auto Drill Rig: D50 Logged by SNM PENETRATION RESISTANCE (blows/foot) u � U) E w a °' `>0 Standard Penetration Test J > C . o- . _ 0 Hammer Weight and Drop: L E Q Cf o c 0 fl 20 40 60 S-1 I 0' S-2 I 0' S-3 I 0 T5. Hard,, wet brown, sandy SILT, with gravel 20 Very dense, moist, gray -brown silty SAND, with gravel ' S-6 T 13.1 (Glacial Till) 25 SAMPLE LEGEND GROUNDWATER LEGEND I2-inch O.D. split spoon sample ❑ Clean Sand 3-inch I.D. Shelby tube sample ® Bentonite Grout/concrete ® Screened Casing TESTING KEY ❑ Blank Casing GSA = Grain Size Analysis VGroundwater level at time of drilling (ATD) or 20OW = 200 Wash Analysis N on date of Consol. = Consolidation Test N measurement. Att. = Atterberg Limits 50/6 19 19 1 Mc 50 O % Fines (<0.075 mm) O % Water (Moisture) Content Plastic Limit I ED d Liquid Limit Natural Water Content Village Green Retirement Campus 35419 1 st Avenue South Federal Way, Washington Date: March 2018 Project No.: 1969.01 Zipper Geo Associates BORING B-2 19019 36th Ave. W, Suite E LOG: Lynnwood, WA Page 1 of 2 Z I� Q m F 35 f 40 F45 See Figure 1, Site and Exploration Plan 2/18/2018 SOIL DESCRIPTION The stratification lines represent the approximate boundaries between soil types. The transition may be gradual. Refer to report text and appendices for additional information. Boring terminated at approximately 25 1/4 feet. Groundwater not observed while drilling. SAMPLE LEGEND GROUNDWATER LEGEND I2-inch O.D. split spoon sample Clean Sand 3-inch I.D. Shelby tube sample ® Bentonite Grout/Concrete ® Screened Casing TESTING KEY ❑ Blank Casing GSA = Grain Size Analysis VGroundwater level at time of drilling (ATD) or 20OW = 200 Wash Analysis _.- on date of Consol. = Consolidation Test N measurement. Att. = Atterberg Limits Drilling Comoany: Holocene Drilling Bore Hole Dia.: 8 inches Drilling Method: Hollow Stem Auger Hammer Type: Auto B-2 Drill Ri : D50 Lagged by-. SNM PENETRATION RESISTANCE (blows/foot) v7 Z W a� U AL Standard Penetration Test o a A Hammer Weight and Drop: U E < o o F 0 0 20 40 60 m 0 % Fines (<0.075 mm) 0 % Water (Moisture) Content Plastic Limit Liquid Limit Natural Water Content Village Green Retirement Campus 35419 1 st Avenue South Federal Way, Washington Date: March 2018 Project No.: 1969.01 Zipper Geo Associates BORING B-2 19019 36th Ave. W, Suite E LOG: Lynnwood, WA Page 2 of 2 See Figure 1, Site and Exploration Plan 2/18/2018 SOIL DESCRIPTION The stratification lines represent the approximate boundaries Q between soil types. The transition may be gradual. Refer to report text and appendices for additional information. 0 4 to 6 inches of grass, organics, and forest duff `--------------------------------------- Very dense, moist, tan, sandy GRAVEL, some silt (Recessional Outwash) E5 ------------------------------------------- Very dense, moist, gray -brown, silty SAND, with gravel (Glacial Till) I10- F15- •5 i SAMPLE LEGEND GROUNDWATER I2-inch O.D. split spoon sample ❑ Clean Sand 3-inch I.D. Shelby tube sample ® Bentonite Grout/Concrete ® Screened Casing TESTING KEY ❑ Blank Casing GSA = Grain Size Analysis Groundwater level at time of drilling (ATD) or 20OW = 200 Wash Analysis _ on date of ti measurement. Consol. = Consolidation Test Att. = Atterberg Limits Drilling Company: Holocene Drilling Bore Hole Dia.: 8 inches Drilling Hollow Stem Auger Hammer Type: Auto Drill Rig: D50 Logged by SNM PENETRATION RESISTANCE (blows/foot) E w a c ccStandard u Penetration Test .J `m C QHammer Weight and Drop: c 07 0 0 0 20 40 60 S-1 101, 50/6 �� 1111U111i i n1111 UN111 , nlll1111� , . HIM1 11111111111111111111 =�11�1111� 1111 1111NINE 11 11 1111 , . ��in�i�iiii��in�■ � � 1111I1n11 mmin Illlil_ n�� O % Fines (<0.075 mm) O % Water (Moisture) Content Plastic Limit Liquid Limit Natural Water Content Village Green Retirement Campus 35419 1 st Avenue South Federal Way, Washington Date: March 2018 Project No.: 1969.01 Zipper Geo Associates BORING B-3 19019 36th Ave. W, Suite E LOG: Lynnwood, WA Page 1 of 2 Boring Location: See Figure 1, Site and Exploration Plan Drilling Company: Holocene Drilling Bore Hole Dia.: 8 inches Top Elevation: - Drilling MetHollow Stem Auger Hammer Type: Auto B-3 Date Drilled: 2/18/2018 Drill Rig: D50 Logged by SNM SOIL DESCRIPTION PENETRATION RESISTANCE (blows/toot) a w E (0 U) co Standard Penetration Test D 0) The stratification lines represent the approximate boundaries z o 6 A Hammer Weight and Drop: U aa) between soil types. The transition may be gradual. Refer to E Q Z3 o 1- report text and appendices for additional information. N o7 o m CD 0 20 40 60 25 S-7 1 15" 1 1 11111111111111111111111 150/6 135 140 E45 Boring terminated at approximately 26 feet. Groundwater not observed while drilling. SAMPLE LEGEND GROUNDWATER LEGEND I2-inch O.D. split spoon sample ❑ Clean Sand 3-inch I.D. Shelby tube sample ® Bentonite Grout/Concrete ® Screened Casing TESTING KEY ❑ Blank Casing GSA = Grain Size Analysis Groundwater level at _ time of drilling (ATD) or 20OW = 200 Wash Analysis _N on date of Consol. = Consolidation Test measurement. Att. = Atterberg Limits O % Fines (<0.075 mm) O % Water (Moisture) Content Plastic Limit Liquid Limit Natural Water Content Village Green Retirement Campus 35419 1 st Avenue South Federal Way, Washington Date: March 2018 Project No.: 1969.01 Zipper Geo Associates BORING B-3 19019 36th Ave. W, Suite E LOG: Lynnwood, WA Page 2 of 2 See Figure 1, Site and Exploration Plan 2/18/2018 SOIL DESCRIPTION -�; The stratification lines represent the approximate boundaries between soil types. The transition may be gradual. Refer to report text and appendices for additional information. 0 } 4 to 6 inches of moss and forest duff --------------------------------------- Dense, moist, tan -brown, SAND, with gravel, some silt (Recessional Outwash) Blowcount overstated on rock i- 5 ------------------------------------------- 10 Very dense, moist, brown -gray, silty SAND, with gravel (Glacial Till) 1.15. Boring terminated at approximately 16 1/2 feet. Groundwate not observed while drilling. SAMPLE LEGEND GROUNDWATER LEGEND I2-inch O.D. split spoon sample ❑ Clean Sand 3-inch I.D. Shelby tube sample ® Bentonite Grout/concrete ® Screened Casing TESTING KEY ❑ Blank Casing GSA = Grain Size Analysis T Groundwater level at time of drilling (ATD) or 20OW = 200 Wash Analysis zt N on date of N measurement. Consol. = Consolidation Test Att. = Atterberg Limits Drilling Company: Holocene Drilling Bore Hole Dia.: 8 inches prilIino Method: Hollow Stem Auger Hammer Type: Auto Drill Rig: D50 Loggad bv: SNM PENETRATION RESISTANCE (blows/foot) v7 w z a)U `>°A Standard Penetration Test J m QHammer > Weight and Drop: C c U) 0 0 20 40 60 M nil ug 111111111 I I I 40 % Fines (<0.075 mm) 0 % Water (Moisture) Content Plastic Limit Liquid Limit Natural Water Content Village Green Retirement Campus 35419 1 st Avenue South Federal Way, Washington Date: March 2018 Project No.: 1969.01 Zipper Geo Associates BORING B-4 19019 36th Ave. W, Suite E LOG: Lynnwood, WA Page 1 of 1 See Figure 1, Site and Exploration Plan 2/18/2018 SOIL DESCRIPTION The stratification lines represent the approximate boundaries Q between soil types. The transition may be gradual. Refer to report text and appendices for additional information. 0 6 to 8 inches of moss and forest duff Medium dense, moist, brown sandy GRAVEL, with silt (Recessional Outwash) b10• 1 15- Grades to very dense Very dense, moist, gray -brown, silty SAND, some gravel (Glacial Till) Thin sandy SILT zone at 20 feet SAMPLE LEGEND GROUNDWATER LEGEND I2-inch O.D. split spoon sample Clean Sand 3-inch I.D. Shelby tube sample ® Bentonite Grout/Concrete ® Screened Casing TESTING KEY ❑ Blank Casing GSA = Grain Size Analysis Groundwater level at time of drilling (ATD) or 20OW = 200 Wash Analysis N on date of Consol. = Consolidation Test N measurement. Att. = Atterberg Limits Drilling Company: Holocene Drilling Bore Hole Dia.: 8 inches Drillino Method: Hollow Stem Auger Hammer Types Auto Drill Rip: D50 Lagged by: SNM PENETRATION RESISTANCE (blows/foot) U) E LU T J `3 2 >ca c A Standard Penetration Test C Q0 > a 0 Hammer Weight and Drop: c c) o C7 0 20 40 60 iii11FIi iiimilli iiiiiiiiiii30 23 nlllll IIIIIIIIIIIIIIII anll Innm III II III 1 IIIIIIIIIIII I I IIIIII IIII IIIIIIII IIIIIIIIIIIIII IIIII I�� G E nnmNn ninimi lift liiji i n ��f�nm1m1111111n1111111� � 0 % Fines (<0.075 mm) 0 % Water (Moisture) Content Plastic Limit t r) � Liquid Limit Natural Water Content Village Green Retirement Campus 35419 1 st Avenue South Federal Way, Washington Date: March 2018 Project No.: 1969.01 Zipper Geo Associates BORING B-5 19019 36th Ave. W, Suite E LOG: Lynnwood, WA Page 1 of 2 See Figure 1, Site and Exploration Plan 2/18/2018 SOIL DESCRIPTION Z -E The stratification lines represent the approximate boundaries Q between soil types. The transition may be gradual. Refer to report text and appendices for additional information. 25 [30 F35 E40 E45 Boring terminated at approximately 26 feet. Groundwater not observed while drilling. SAMPLE LEGEND GROUNDWATER LE( I2-inch O.D. split spoon sample Clean Sand 3-inch I.D. Shelby tube sample ® Bentonite Grout/concrete ® Screened Casing TESTING KEY ❑ Blank Casing GSA = Grain Size Analysis VGroundwater level at time of drilling (ATD) or 20OW = 200 Wash Analysis zt N on date of Consol. = Consolidation Test N measurement. Att. = Atterberg Limits Drifting Company: Holocene Drilling Bore Hole Dia.: 8 inches Drilling Method; Hollow Stem Auger Hammer Tvoe: Auto Drill Rip: D50 Looped by: SNM PENETRATION RESISTANCE (blows/foot) v7 E w a n3A Standard Penetration Test . -1 > O E Q o A Hammer Weight and Drop: o 3 o m CD 0 20 40 60 S-7 1 10" 5016 0 % Fines (<0.075 mm) O % Water (Moisture) Content Plastic Limit Liquid Limit Natural Water Content Village Green Retirement Campus 35419 1 st Avenue South Federal Way, Washington Date: March 2018 Project No.: 1969.01 Zipper Geo Associates BORING B-5 19019 36th Ave. W, Suite E LOG: Lynnwood, WA Page 2 of 2 See Figure 1, Site and Exploration Plan 2/18/2018 SOIL DESCRIPTION F -� The stratification lines represent the approximate boundaries Q between soil types. The transition may be gradual. Refer to report text and appendices for additional information. 0 6 to 8 inches of moss and forest duff `y`-- �---------- __-------..- Medium dense, moist, brown, gravelly SAND, some silt (Recessional Outwash) 1-5 Grades to dense, silty SAND, with gravel -11 Very dense, moist, gray -brown, silty SAND, with to some gravel (Glacial Till) so 25 SAMPLE LEGEND GROUNDWATER LEGEND I2-inch O.D. split spoon sample ❑ Clean Sand 3-inch I.D. Shelby tube sample ® Bentonite Grout/Concrete ® Screened Casing TESTING KEY ❑ Blank Casing GSA = Grain Size Analysis Groundwater level at time of drilling (ATD) or 20OW = 200 Wash Analysis N on date of Consol. = Consolidation Test N measurement. Att. = Atterberg Limits Drilling Company: Holocene Drilling Bore Hole Dia.: 8 inches priliino Method: Hollow Stem Auger Hammer Type: Auto Drill Rig: D50 Logged by: SNM PENETRATION RESISTANCE (blows/foot) U t U) E w T a) cm AStandard Penetration Test c EQ o -o A Hammer Weight and Drop: c N � o 0 20 40 60 S 1 4" S-2 6" S-3 18" S4 15" S-5 I 18" S_6 I 12" 45 1 GSA 77 1 20ow I 50/6 50/5 O % Fines (<0.075 mm) O % Water (Moisture) Content Plastic Limit Liquid Limit Natural Water Content Village Green Retirement Campus 35419 1 st Avenue South Federal Way, Washington Date: March 2018 Project No.: 1969.01 Zipper Geo Associates BORING B-6 19019 36th Ave. W, Suite E LOG: Lynnwood, WA Page 1 of 2 See Figure 1, Site and Exploration Plan 2/18/2018 SOIL DESCRIPTION The stratification lines represent the approximate boundaries between soil types. The transition may be gradual. Refer to report text and appendices for additional information. Boring terminated at approximately 25 112 feet. Groundwater not observed while drilling. F45 50 SAMPLE LEGEND GROUNDWATER LEGEND I2-inch O.D. split spoon sample Clean Sand 3-inch I.D. Shelby tube sample ® Bentonite M Grout/Concrete ® Screened Casing TESTING KEY ❑ Blank Casing GSA = Grain Size Analysis Z Groundwater level at time of drilling (ATD) or 20OW = 200 Wash Analysis N on date of Consol. = Consolidation Test N measurement. Att. = Atterberg Limits Drilling Company: Holocene Drilling Bore Hole Dia.: 8 inches DrillingIVtHollow Stem Auger Hammer Type: Auto B-6 Drill Rig: D50 Lapped by: SNM PENETRATION RESISTANCE (blows/foot) a U E J a� m U) Standard Penetration Test o 0) Z o A Hammer Weight and Drop: U o F� m<� m (D 0 20 40 60 0 % Fines (<0.075 mm) 0 % Water (Moisture) Content Plastic Limit i E) d Liquid Limit Natural Water Content Village Green Retirement Campus 35419 1st Avenue South Federal Way, Washington Date: March 2018 Project No.: 1969.01 Zipper Geo Associates BORING B-6 19019 36th Ave. W, Suite E LOG: Lynnwood, WA Page 2 of 2 APPENDIX B LABORATORY TESTING PROCEDURES AND RESULTS 63 APPENDIX B LABORATORY TESTING PROCEDURES AND RESULTS A series of laboratory tests were performed by ZGA during the course of this study to evaluate the index and geotechnical engineering properties of the subsurface soils. Descriptions of the types of tests performed are given below. Visual Classification Samples recovered from the exploration locations were visually classified in the field during the exploration program. Representative portions of the samples were carefully packaged in moisture tight containers and transported to our laboratory where the field classifications were verified or modified as required. Visual classification was generally done in accordance with ASTM D 2488. Visual soil classification includes evaluation of color, relative moisture content, soil type based upon grain size, and accessory soil types included in the sample. Soil classifications are presented on the exploration logs in Appendix A. Moisture Content Determinations Moisture content determinations were performed on representative samples obtained from the explorations to aid in identification and correlation of soil types. The determinations were made in general accordance with the test procedures described in ASTM D 2216. Moisture contents are presented on the exploration logs in Appendix A. 200 Wash Analysis A 200 wash analysis indicates the fines content of a sample (percent of sample by weight passing the US No. 200 sieve). 200 wash analyses were performed on representative samples in general accordance with ASTM: D-1140. The results of the 200 wash analyses for the samples were used in classification of the soils, and are presented on the exploration logs in Appendix A. Grain Size Analysis A grain size analysis determines the range in diameter of soil particles included in a particular sample. Grain size analyses were performed on representative samples in general accordance with ASTM D 422. The results of the grain size determinations for the samples were used in classification of the soils, and are presented in this appendix. 64 = 80 c� w 70 ca W 60 W z M F- 50 Z W W 40 W IL 30 20 10 GRAIN SIZE ANALYSIS Test Results Summary ASTM D 422 U.S. STAiADARD SK-TE SIZE Emil i n, ■ 11 I IN 11111111111111111111 III 11 100.000 10.000 1.000 0.100 0.010 0.001 PARTICLE SIZE IN MILLIMETERS Coarse Fine Coarse Medium Fine Sift Clay BOULDERS COBBLES GRAVEL SAND FINE GRAINED Comments: Exploration Sample Depth (feet) Moisture (%) Fines (%) Description B_3 S-1 2 1/2-4 ft. 2.7 5.5 Sandy GRAVEL, some silt Project No.: 1969.01 PROJECT NAME: Zipper Geo Associates, LLC Geotechnical and Environmental Consultants DATE OF TESTING: 2/16/2018 Village Green Retirement Campus 65 GRAIN SIZE ANALYSIS Test Results Summary ASTM D 422 100 of = 80 C7 W 70 m 60 W Z M F— 50 Z ILLJ U W 40 ILLJ a 30 20 10 0 1000.000 100.000 10.000 1.000 0.100 0.010 0.001 PARTICLE SIZE IN MILLIMETERS Coarse Fine Coarse Medium Fine Silt Clay BOULDERS COBBLES GRAVEL SAND FINE GRAINED Comments: Exploration Sample Depth (feet) Moisture (%) Fines (%) Description B-5 S-1 2 112 - 4 ft. 8.4 13.1 Sandy GRAVEL, with silt Project No.: 1969.01 PROJECT NAME: Zipper Geo Associates LLC Geotechnical and Environmental Consultants DATE OF TESTING: 2/16/2018 Village Green Retirement Campus 66 100 = 80 W 70 100 W 60 W Z 50 Z W W 40 W a 30 20 10 GRAIN SIZE ANALYSIS Test Results Summary ASTM D 422 SIZE OF OPENING IN INCHES II A e i ■ 'u' I �I u 111 111 111 100.000 10.000 1.000 0.100 0.010 0.001 PARTICLE SIZE IN MILLIMETERS Coarse Fine Coarse I Medium Fine Sift Clay BOULDERS COBBLES GRAVEL SAND FINE GRAINED Comments: Exploration Sample Depth (feet) Moisture (%) Fines (%) Description B-6 S-3 7 1/2 - 9 ft. 8.4 31.7 Silty SAND, with gravel Project No.: 1969.01 PROJECT NAME: Zipper Geo Associates, LLC Geotechnical and Environmental Consultants DATE OF TESTING: 2/16/2018 Village Green Retirement Campus 67 APPENDIX C EXCERPTS FROM EARTH CONSULTANTS, INC. REPORTS 68 Boring & Test Pit Location Plan NOTE: This plate may contain areas ofcolor. EC|cannot boresponsible for any subsequent Village Green I Cottages West misinterpretation nfthe information resulting Federal Way, Washington jLid171EE1F. k[ley afe nun ncua�.+inr lu .v,oee..#e.# _ ihia I_ Test Pit Log Project Name: Villa e Green / Cottages West Job No. Logged by, 9163-2 RDP Excavation Contactor: NW Excavating Notes: General Notes o s W E O LL. M C9 U a 6 � ° 1 1.3 a ° 3 4 18.6 5 .1. w p .1. 8 3.9 + 9 Sheet of 1 1 Date: Test Pit No.: 12/8/00 TP-106 Ground surface Elevation: 250' Surface Conditions: Depth of Topsoil & Sod 4" U) 0 U SP-SM Brown poorly graded SAND with silt and gravel, loose, moist SM Gray silty SAND with gravel, medium dense, moist GP Gray poorly graded GRAVEL with sand, dense, moist Test pit terminated at 9.0 feet below e)asting grade. No groundwater encountered during excavation. 0 U W Test Pit Log Earth Consultants Inc. Village Green / Cottages West O Gcorrii�NcalFnglnrhS.Ge.[�Ic1.5nAFnNmnnx:nrrlkYrndsr� Federal Way, Washington O J t aDate 17J20/00 =pi.t.Al wPro]. No. 9163-2 Dwn. GLS Date Dec. 2000 Checked �K�Ware not necessarily representative of other times and options. We cannot accept responsibility for the use or fnterpretetlon � others of Subsurface cvn�tions deplated re}aresent our observations at the time and location of this exhole, modified by engineering tests, analysis an �nfnrr..efi.+.+ nrecanf-A — lbl. I— TOst Pit Log Sheet of Project Name: 1 1 Village Green / Cottages West Job No. Logged by: Date: Test Pit No.: 9163-2 RDP 12/8/00 TP=107 Ground Surface Elevation: Excavation Contactor: 260' NW Excavating Notes: Surface conditions: Depth of Topsoil & Sod 4" General W E (U u_ E U) E Notes (°6) 1n o U) U) SM Brown silty SAND with gravel, loose, moist 1 2 3 4 Is -SM Brown poorly graded SAND with silt and gravel, medium dense, moist 3.1 n- a 5 c o 0 7 8.8 o: 8 o 9 Test pit terminated at 9.0 feet below eAsting grade. No groundwater encountered during excavation. 0 a is u w Test Pit Log m Earth Consultants Inc. Village Green / Cottages West Gcorm—.1inlcal Fn intt"a. GrnMNN& Fnvlmnnit:nral�'1rtlti5n Federal Way, Washington J F a wProj. No. 9163-2 Dwn, GLS Date Dec. 2000 Checked KMW Date 12/20/00 Plate A 2 Subsurface conditions depicted represent our observations at the time and location of this e�?faratoly poke, modified by engineering tests, analysis and �udgment^n7heye re necessarily representative of other times and �ations, We cannot accept responsibility for the use or lntefpretatlon by others of H Big C PERCENT COARSER BY WEIGHT a a 2 2 co0 0 n rn co o O m n m M a M N o m PERCENT FINER BY WEIGHT 0 0 0 )0' ]0' ]0' ]0' U) 30' w z 1 1 I 0- I I I I I J i i I i• of n� N Q) NCO C �D CY1 N l0 G O U ]' LL a) S4 o' bD b 0' G b 0' +J G cd � H 0' rl Z 4-) 3 O oC 3 ,1 Cd w a- Q zQ Q C bo w Cn U' 11 J o 3 •b d a cd b cd �' N Z a oo eo be 6 M LU N -A D, N U r�I � I r-I +1 o O � r-I rl Z 0 ¢ O a a ° a4 a C7 y 0 0 � o u w � c� wq b P 9 z � U n 0L In E w S QCL 00 Cq co co 0Z cc w Ca 017 Q 02 p p o U 0h. 1 I I I 09 e Pa H W E-H Pa H Pa H CO 08 00 L en w J I m W i 00z m a x o '0 a oaE -- r r GRAIN SIZE ANALYSES Earth Consultants Inc. Village Green/Cottages West F'n mrrrs.(1fY)IDgi.SN41ti11'Ifnllllll'I11tlI}CICIIIL s Federal Way, Washington r► Proj. No, 9163-2 Drwn. GLS Date Dec.'B® Checked KMW Date 12/20/00 Plate B2 Section 7 Other Permits Village Green of Federal Way DCI 98480.6 74 Section 7 — Other Permits Building, Clearing/Grading and Right -of -Way Use Permits are anticipated after the Process 4 land use approval. Village Green of Federal Way DO 98480.6 75 Section S CSWPP Plan Analysis and Design Village Green of Federal Way DO 98480.6 76 Section S — CSWPP Plan Analysis and Design This section will be completed at the final engineering/building permit stage. Village Green of Federal Way DO 98480.6 77 Section 9 Bond Quantities, Facility Summaries, and Declaration of Covenant Village Green of Federal Way DCI 98480.6 78 Section 9 — Bond Quantities, Facility Summaries, and Declaration of Covenant This section will be completed at the final engineering/building permit stage. Village Green of Federal Way DO 98480.6 79 Section 10 Operations and M-aintenance -Manual Village Green of Federal Way DCI 98480.6 80 Section 10 —Operations and Maintenance Manual This section will be completed at the final engineering/building permit stage. Village Green of Federal Way DCI 98480.6 81 Appendix A WWHM Report Village Green of Federal Way DO 98480.6 82 a WWHM2012 PROJECT REPORT 83 General Model Information Project Name: Prelim WWHM Site Name: Village Green TDA1 Site Address: City: Report Date: 11/8/2018 Gage: Seatac Data Start: 1948/10/01 Data End: 2009/09/30 Timestep: 15 Minute Precip Scale: 1.00 Version Date: 2015/11/05 Version: 4.2.11 POC Thresholds Low Flow Threshold for POC1; 50 Percent of the 2 Year High Flow Threshold for POC1: 50 Year Prelim WWHM 11/8/a18 1:04:17 AM Page 2 Landuse Basin Data Predeveloped Land Use Basin 1 Bypass: GroundWater: Pervious Land Use C, Forest, Flat C, Lawn, Flat Pervious Total Impervious Land Use ROOF TOPS FLAT Impervious Total Basin Total Element Flows To: Surface Trapezoidal Pond 1 No No acre 4.15 4.74 8.89 acre 4.16 4.16 13.05 InterFlow Groundwater Trapezoidal Pond 1 Prelim WWHM 11181W18 1:04:17 AM Page 3 Mitigated Land Use Basin 1 Bypass: No GroundWater: No Pervious Land Use acre C, Lawn, Flat 6.66 Pervious Total 6.66 Impervious Land Use acre ROOF TOPS FLAT 6.39 Impervious Total 6.39 Basin Total 13.05 Element Flows To: Surface I nterflow Groundwater Trapezoidal Pond 2 Trapezoidal Pond 2 Prelim WWHM 11/8/018 1:04:17 AM Page 4 Routing Elements Predeveloped Routing Trapezoidal Pond 1 Bottom Length: 150.00 ft. Bottom Width: 80.00 ft. Depth: 6 ft. Volume at riser head. 2.0878 acre-feet. Side slope 1: 3 To 1 Side slope 2: 3 To 1 Side slope 3: 3 To 1 Side slope 4: 3 To 1 Discharge Structure Riser Height: 5.54 ft. Riser Diameter: 18 in. Orifice 1 Diameter: 2.77 in. Elevation:0 ft. Orifice 2 Diameter: 3.13 in. Elevation:4.6 ft. Element Flows To: Outlet 1 Outlet 2 Hydraulic Table Stage(feet) Area(ac.) Volume(ac-ft.) Discharge(cfs) Infilt(cfs) 225.26 0.275 0.000 0.000 0.000 225.33 0.277 0.018 0.053 0.000 225.39 0.279 0.037 0.076 0.000 225.46 0.281 0.055 0.093 0.000 225.53 0.284 0.074 0.107 0.000 225.59 0.286 0.093 0.120 0.000 225.66 0.288 0.112 0.131 0.000 225.73 0.290 0.132 0.142 0.000 225.79 0.292 0.151 0.152 0.000 225.86 0.294 0.171 0.161 0.000 225.93 0.297 0.190 0.170 0.000 225.99 0.299 0.210 0.178 0.000 226.06 0.301 0.230 0.186 0.000 226.13 0.303 0.250 0.193 0.000 226.19 0.305 0.271 0.201 0.000 226.26 0.308 0.291 0.208 0.000 226.33 0.310 0.312 0.215 0.000 226.39 0.312 0.333 0.221 0.000 226.46 0.314 0.353 0.228 0.000 226.53 0.316 0.374 0.234 0.000 226.59 0.319 0.396 0.240 0.000 226.66 0.321 0.417 0.246 0.000 226.73 0.323 0.439 0.252 0.000 226.79 0.326 0.460 0.257 0.000 226.86 0.328 0.482 0.263 0.000 226.93 0.330 0.504 0.268 0.000 226.99 0.332 0.526 0.274 0.000 227.06 0.335 0.548 0.279 0.000 227.13 0.337 0.571 0.284 0.000 227.19 0.339 0.593 0.289 0.000 227.26 0.342 0.616 0.294 0.000 227.33 0.344 0.639 0.299 0.000 Prelim WWHM 1118CO18 1:04:17 AM Page 5 227.39 0.346 0.662 0.304 0.000 227.46 0.349 0.685 0.308 0.000 227.53 0.351 0.709 0.313 0.000 227.59 0.353 0.732 0.318 0.000 227.66 0.356 0.756 0.322 0.000 227.73 0.358 0.780 0.327 0.000 227.79 0.361 0.804 0.331 0.000 227.86 0.363 0.828 0.335 0.000 227.93 0.365 0.852 0.340 0.000 227.99 0.368 0.877 0.344 0.000 228.06 0.370 0.901 0.348 0.000 228.13 0.373 0.926 0.352 0.000 228.19 0.375 0.951 0.356 0.000 228.26 0.378 0.976 0.360 0.000 228.33 0.380 1.001 0.364 0.000 228.39 0.382 1.027 0.368 0.000 228.46 0.385 1.052 0.372 0.000 228.53 0.387 1.078 0.376 0.000 228.59 0.390 1.104 0.380 0.000 228.66 0.392 1.130 0.383 0.000 228.73 0.395 1.156 0.387 0.000 228.79 0.397 1.183 0.391 0.000 228.86 0.400 1.209 0.395 0.000 228.93 0.402 1.236 0.398 0.000 228.99 0.405 1.263 0.402 0.000 229.06 0.407 1.290 0.405 0.000 229.13 0.410 1.318 0.409 0.000 229.19 0.412 1.345 0.413 0.000 229.26 0.415 1.373 0.416 0.000 229.33 0.418 1.400 0.419 0.000 229.39 0.420 1.428 0.423 0.000 229.46 0.423 1.456 0.426 0.000 229.53 0.425 1.485 0.430 0.000 229.59 0.428 1.513 0.433 0.000 229.66 0.430 1.542 0.436 0.000 229.73 0.433 1.571 0.440 0.000 229.79 0.436 1.600 0.443 0.000 229.86 0.438 1.629 0.446 0.000 229.93 0.441 1.658 0.518 0.000 229.99 0.444 1.688 0.550 0.000 230.06 0.446 1.717 0.575 0.000 230.13 0.449 1.747 0.596 0.000 230.19 0.451 1.777 0.616 0.000 230.26 0.454 1.807 0.633 0.000 230.33 0.457 1.838 0.650 0.000 230.39 0.459 1.868 0.665 0.000 230.46 0.462 1.899 0.680 0.000 230.53 0.465 1.930 0.694 0.000 230.59 0.468 1.961 0.708 0.000 230.66 0.470 1.992 0.721 0.000 230.73 0.473 2.024 0.734 0.000 230.79 0.476 2.056 0.746 0.000 230.86 0.478 2.087 0.992 0.000 230.93 0.481 2.119 1.485 0.000 230.99 0.484 2.152 2.118 0.000 231.06 0.487 2.184 2.842 0.000 231.13 0.489 2.217 3.609 0.000 231.19 0.492 2.249 4.373 0.000 Prelim WWHM 11/&M)l8 1:04:17 AM Page 6 Mitigated Routing Trapezoidal Pond Bottom Length: Bottom Width: Depth: Volume at riser head Side slope 1: Side slope 2: Side slope 3: Side slope 4: Discharge Structure Riser Height: Riser Diameter: Orifice 1 Diameter: Orifice 2 Diameter: Orifice 3 Diameter: Element Flows To: Outlet 1 2 240.00 ft. 90.00 ft. 6.5 ft. 3.3834 acre-feet. 0 To 1 2 To 1 3 To 1 3 To 1 5.8 ft. 18 in. 2.18 in. Elevation:0 ft. 1.6 in. Elevation:2.05 ft. 0.7 in. Elevation:3.8 ft. Outlet 2 Hydraulic Table Stage(feet) 0.0000 0.0722 0.1444 0.2167 0.2889 0.3611 0.4333 0.5056 0.5778 0.6500 0.7222 0.7944 0.8667 0.9389 1.0111 1.0833 1.1556 1.2278 1.3000 1.3722 1.4444 1.5167 1.5889 1.6611 1.7333 1.8056 1.8778 1.9500 2.0222 2.0944 2.1667 2.2389 2.3111 Area(ac.) 0.495 0.497 0.499 0.501 0.503 0.505 0.507 0.509 0.511 0.513 0.515 0.517 0.519 0.521 0.523 0.525 0.527 0.529 0.531 0.533 0.535 0.537 0.539 0.541 0.543 0.545 0.547 0.549 0.551 0.553 0.555 0.557 0.559 Volume(ac-ft.) 0.000 0.035 0.071 0.108 0.144 0.180 0.217 0.254 0.291 0.328 0.365 0.402 0.439 0.477 0.515 0.553 0.591 0.629 0.667 0.706 0.744 0.783 0.822 0.861 0.900 0.939 0.979 1.018 1.058 1.098 1.138 1.178 1.219 Discharge(cfs) 0.000 0.034 0.049 0.060 0.069 0.077 0.084 0.091 0.098 0.104 0.109 0.114 0.120 0.125 0.129 0.134 0.138 0.142 0.147 0.151 0.155 0.158 0.162 0.166 0.169 0.173 0.176 0.180 0.183 0.201 0.213 0.223 0.231 Infilt(cfs) 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 Prelim WWHM 11/8/018 1:04:17 AM Page 8 2.3833 0.561 1.259 0.239 0.000 2.4556 0.563 1.300 0.246 0.000 2.5278 0.566 1.341 0.253 0.000 2.6000 0.568 1.382 0.259 0.000 2.6722 0.570 1.423 0.265 0.000 2.7444 0.572 1.464 0.271 0.000 2.8167 0.574 1.505 0.277 0.000 2.8889 0.576 1.547 0.282 0.000 2.9611 0.578 1.589 0.288 0.000 3.0333 0.580 1.630 0.293 0.000 3.1056 0.582 1.672 0.298 0.000 3.1778 0.584 1.715 0.303 0.000 3.2500 0.586 1.757 0.308 0.000 3.3222 0.588 1.799 0.313 0.000 3.3944 0.591 1.842 0.318 0.000 3.4667 0.593 1.885 0.322 0.000 3.5389 0.595 1.928 0.327 0.000 3.6111 0.597 1.971 0.331 0.000 3.6833 0.599 2.014 0.336 0.000 3.7556 0.601 2.057 0.340 0.000 3.8278 0.603 2.101 0.347 0.000 3.9000 0.605 2.145 0.353 0.000 3.9722 0.608 2.188 0.358 0.000 4.0444 0.610 2.232 0.364 0.000 4.1167 0.612 2.276 0.369 0.000 4.1889 0.614 2.321 0.373 0.000 4.2611 0.616 2.365 0.378 0.000 4.3333 0.618 2.410 0.383 0.000 4.4056 0.620 2.455 0.387 0.000 4.4778 0.623 2.500 0.392 0.000 4.5500 0.625 2.545 0.396 0.000 4.6222 0.627 2.590 0.400 0.000 4.6944 0.629 2.635 0.405 0.000 4.7667 0.631 2.681 0.409 0.000 4.8389 0.633 2.726 0.413 0.000 4.9111 0.636 2.772 0.417 0.000 4.9833 0.638 2.818 0.421 0.000 5.0556 0.640 2.865 0.425 0.000 5.1278 0.642 2.911 0.429 0.000 5.2000 0.644 2.957 0.433 0.000 5.2722 0.647 3.004 0.437 0.000 5.3444 0.649 3.051 0.440 0.000 5.4167 0.651 3.098 0.444 0.000 5.4889 0.653 3.145 0.448 0.000 5.5611 0.655 3.192 0.451 0.000 5.6333 0.658 3.240 0.455 0.000 5.7056 0.660 3.287 0.459 0.000 5.7778 0.662 3.335 0.462 0.000 5.8500 0.664 3.383 0.644 0.000 5.9222 0.667 3.431 1.147 0.000 5.9944 0.669 3.479 1.821 0.000 6.0667 0.671 3.528 2.600 0.000 6.1389 0.673 3.576 3.426 0.000 6.2111 0.676 3.625 4.236 0.000 6.2833 0.678 3.674 4.973 0.000 6.3556 0.680 3.723 5.587 0.000 6.4278 0.682 3.772 6.056 0.000 6.5000 0.685 3.822 6.389 0.000 Prelim WWHM 11181W18 1:04:17 AM Page 9 Analysis Results POC 1 OM 0.40 0 I'1 LL 0.20 10Ed 10E-3 10E-2 10E-1 1 10 100 P®rc�riL Timms E eedirig + Predeveloped Predeveloped Landuse Totals for POC #1 Total Pervious Area: 8.89 Total Impervious Area: 4.16 Mitigated sari{fuse Totals for POC #1 Total Pervious Area: 6.66 Total Impervious Area: 6.39 oi= s i = x Mitigated Flow Frequency Method: Log Pearson Type III 17B Flow Frequency Return Periods for Predeveloped. POC #1 Return Period Flow(cfs) 2 year 0.320631 5 year 0.415677 10 year 0.482923 25 year 0.572994 50 year 0.643914 100 year 0.718208 Flow Frequency Return Periods for Mitigated. POC #1 Return Period Flow(cfs) 2 year 0.292033 5 year 0.415896 10 year 0.51407 25 year 0.658327 50 year 0.781715 100 year 0.919858 Annual Peaks Annual Peaks for Predeveloped and Mitigated. POC #1 Year Predeveloped Mitigated 1949 0.286 0.220 1950 0.355 0.318 1951 0.621 0.461 1952 0.250 0.175 1953 0.244 0.263 1954 0.318 0.292 1955 0.351 0.292 1956 0.367 0.339 1957 0.302 0.285 1958 0.315 0.308 7 it A b X 10 10 10 % M W %. 1 Prelim WWHM 1118/gQ18 1:04:17 AM Page 11 1959 0.289 0.241 1960 0.435 0.430 1961 0.292 0.302 1962 0.233 0.168 1963 0.308 0.286 1964 0.302 0.270 1965 0.311 0.325 1966 0.269 0.259 1967 0.338 0.305 1968 0.276 0.267 1969 0.287 0.235 1970 0.290 0.254 1971 0.324 0.304 1972 0.414 0.378 1973 0.279 0.309 1974 0.311 0.301 1975 0.336 0.276 1976 0.326 0.297 1977 0.206 0.178 1978 0.283 0.297 1979 0.226 0.168 1980 0.418 0.436 1981 0.264 0.258 1982 0.401 0.385 1983 0.335 0.296 1984 0.244 0.214 1985 0.266 0.232 1986 0.398 0.356 1987 0.409 0.400 1988 0.264 0.215 1989 0.209 0.218 1990 0.435 0.434 1991 0.522 0.417 1992 0.296 0.300 1993 0.288 0.220 1994 0.189 0.164 1995 0.349 0.313 1996 0.622 0.458 1997 0.647 1.474 1998 0.265 0.224 1999 0.400 0.412 2000 0.287 0.312 2001 0.210 0.156 2002 0.384 0.369 2003 0.246 0.256 2004 0.577 0.454 2005 0.337 0.298 2006 0.323 0.316 2007 0.562 1.052 2008 0.670 0.655 2009 0.385 0.362 Ranked Annual Peaks Ranked Annual Peaks for Predeveloped and Mitigated. POC #1 Rank Predeveloped Mitigated 1 0.6695 1.4736 2 0.6475 1.0524 3 0.6223 0.6546 Prelim WWHM 11/8/§D18 1:05:00 AM Page 12 4 0.6211 0.4612 5 0.5767 0.4580 6 0.5622 0.4542 7 0.5217 0.4364 8 0.4350 0.4336 9 0.4347 0.4296 10 0.4181 0.4167 11 0.4138 0.4115 12 0.4089 0.4003 13 0.4010 0.3847 14 0.4002 0.3783 15 0.3979 0.3688 16 0.3850 0.3616 17 0.3835 0.3561 18 0.3671 0.3387 19 0.3546 0.3254 20 0.3515 0.3182 21 0.3492 0.3160 22 0.3376 0.3130 23 0.3372 0.3122 24 0.3360 0.3094 25 0.3355 0.3079 26 0.3257 0.3048 27 0.3244 0.3043 28 0.3227 0.3020 29 0.3183 0.3006 30 0.3149 0.2999 31 0.3114 0.2978 32 0.3114 0.2973 33 0.3075 0.2972 34 0.3025 0.2963 35 0.3020 0.2919 36 0.2965 0.2919 37 0.2923 0.2860 38 0.2905 0.2848 39 0.2890 0.2758 40 0.2877 0.2704 41 0.2870 0.2675 42 0.2865 0.2627 43 0.2865 0.2591 44 0.2832 0.2581 45 0.2793 0.2556 46 0.2764 0.2539 47 0.2687 0.2408 48 0.2657 0.2346 49 0.2649 0.2323 50 0.2645 0.2241 51 0.2635 0.2203 52 0.2504 0.2199 53 0.2462 0.2178 54 0.2439 0.2153 55 0.2438 0.2142 56 0.2330 0.1781 57 0.2264 0.1749 58 0.2104 0.1685 59 0.2089 0.1678 60 0.2063 0.1635 61 0.1887 0.1562 Prelim WWHM 11/8/n18 1:05:00 AM Page 13 Duration Flows The Facility PASSED Flow(cfs) Predev Mit Percentage Pass/Fail 0.1603 92549 91138 98 Pass 0.1652 86175 80721 93 Pass 0.1701 80336 70711 88 Pass 0.1750 75652 62840 83 Pass 0.1799 70433 54092 76 Pass 0.1847 65535 46841 71 Pass 0.1896 60808 45301 74 Pass 0.1945 56338 43933 77 Pass 0.1994 52253 42649 81 Pass 0.2043 48510 41088 84 Pass 0.2092 45195 39398 87 Pass 0.2140 42243 37623 89 Pass 0.2189 39890 35890 89 Pass 0.2238 37067 33880 91 Pass 0.2287 34479 31891 92 Pass 0.2336 32019 30094 93 Pass 0.2385 29902 28148 94 Pass 0.2434 27891 26265 94 Pass 0.2482 25987 24276 93 Pass 0.2531 24105 22415 92 Pass 0.2580 22330 20741 92 Pass 0.2629 20837 19665 94 Pass 0.2678 19190 18236 95 Pass 0.2727 17686 16987 96 Pass 0.2776 16283 15746 96 Pass 0.2824 14946 14215 95 Pass 0.2873 13689 13036 95 Pass 0.2922 12692 11892 93 Pass 0.2971 11967 10866 90 Pass 0.3020 11426 10046 87 Pass 0.3069 10694 9069 84 Pass 0.3117 10021 8421 84 Pass ❑.3166 9388 7886 84 Pass ❑.3215 8705 7424 85 Pass 0.3264 7961 6953 87 Pass 0.3313 7347 6500 88 Pass 0.3362 6750 6032 89 Pass 0.3411 6406 5630 87 Pass 0.3459 6098 5392 88 Pass 0.3508 5677 5084 89 Pass 0.3557 5307 4849 91 Pass 0.3606 4988 4532 90 Pass 0.3655 4601 4231 91 Pass 0.3704 4325 3953 91 Pass 0.3752 4047 3715 91 Pass 0.3801 3717 3469 93 Pass 0.3850 3356 3178 94 Pass 0.3899 3148 3014 95 Pass 0.3948 2868 2808 97 Pass 0.3997 2588 2599 100 Pass 0.4046 2342 2415 103 Pass 0.4094 2110 2239 106 Pass 0.4143 1901 2035 107 Pass Prelim WWHM 11/8/"18 1:05:00 AM Page 15 0.4192 1671 1810 108 Pass 0.4241 1557 1561 100 Pass 0.4290 1455 1386 95 Pass 0.4339 1288 1183 91 Pass 0.4388 1088 1047 96 Pass 0.4436 939 949 101 Pass 0.4485 818 786 96 Pass 0.4534 806 585 72 Pass 0.4583 795 323 40 Pass 0.4632 785 187 23 Pass 0.4681 776 183 23 Pass 0.4729 767 181 23 Pass 0.4778 752 177 23 Pass 0.4827 741 175 23 Pass 0.4876 732 172 23 Pass 0.4925 718 167 23 Pass 0.4974 707 164 23 Pass 0.5023 691 162 23 Pass 0.5071 682 159 23 Pass 0.5120 670 157 23 Pass 0.5169 656 156 23 Pass 0.5218 628 154 24 Pass 0.5267 607 153 25 Pass 0.5316 577 152 26 Pass 0.5364 545 149 27 Pass 0.5413 509 149 29 Pass 0.5462 483 148 30 Pass 0.5511 458 145 31 Pass 0.5560 434 145 33 Pass 0.5609 403 144 35 Pass 0.5658 368 142 38 Pass 0.5706 340 142 41 Pass 0.5755 300 135 45 Pass 0.5804 273 129 47 Pass 0.5853 253 121 47 Pass 0.5902 240 118 49 Pass 0.5951 227 110 48 Pass 0.6000 215 105 48 Pass 0.6048 198 96 48 Pass 0.6097 180 87 48 Pass 0.6146 163 83 50 Pass 0.6195 138 76 55 Pass 0.6244 105 71 67 Pass 0.6293 94 68 72 Pass 0.6341 86 66 76 Pass 0.6390 79 64 81 Pass 0.6439 73 62 84 Pass Prelim WWHM 11181W18 1:05:00 AM Page 16 Water Quality Water Quality BMP Flow and Volume for POC #1 On-line facility volume: 0 acre-feet On-line facility target flow: 0 cfs. Adjusted for 15 min: 0 cfs. Off-line facility target flow: 0 cfs. Adjusted for 15 min: 0 cfs. Prelim WWHM 11/8/018 1:05:00 AM Page 17 LID Report LIDTernmque Usedfor Treatment 7 TatalValume Heeds Volume Through Irrfiltratlon Volume Cumulative Volume Percent Volume WaterOuaiity Percent Water Quality Comment Treatment Facility (act) Infiltration Infiltrated Treated (ac-R) (ao-St) Credit Trapezoidal Pon 2POC 1461-A7 0 5,00 Total Volume Infiltrated 1461,37 UO 0.00i 0.00 0.00 0% No Unit Credit Ouratan tompBance tenth LID Analysis Standard 8% of 2-yr to 50% of Result= 2-yr Failed Prelim WWHM 11/8/§;018 1:05:00 AM Page 18 Model Default Modifications Total of 0 changes have been made. PERLND Changes No PERLND changes have been made. IMPLND Changes No IMPLND changes have been made. Prelim WWHM 11/8/018 1:05:30 AM Page 19 Appendix Predeveloped Schematic i Basin 1 3.015aic 1 1 Trapez Pond mdal I i I Prelim WWHM 1118/n18 1:05:30 AM Page 20 Mitigated Schematic - - i -- Basin -13.05 1 c - I W Trapezoidal Pond Prelim WWHM 11 /8aQ18 1:05:31 AM Page 21 SUBDIVISION fi^ �CEIVED: Guarantee/Certificate Number: Issued By: SEP 18 2019 CHICAGO TITLE CITY OF FEI]E=FiAL WAY 193526-SC INSURANCE CONIPANVMMUNrryDF-V;LaPMW CHICAGO TITLE INSURANCE COMPANY a corporation, herein called the Company GUARANTEES Duncanson Company herein called the Assured, against actual loss not exceeding the liability amount stated in Schedule A which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. LIABILITY EXCLUSIONS AND LIMITATIONS 1. No guarantee is given nor liability assumed with respect to the identity of any party named or referred to in Schedule A or with respect to the validity, legal effect or priority of any matter shown therein. 2. The Company's liability hereunder shall be limited to the amount of actual loss sustained by the Assured because of reliance upon the assurance herein set forth, but in no event shall the Company's liability exceed the liability amount set forth in Schedule A. Please note carefully the liability exclusions and limitations and the specific assurances afforded by this guarantee. If you wish additional liability, or assurances other than as contained herein, please contact the Company for further information as to the availability and cost. Chicago Title Insurance Company By: Chicago Title Company of Washington 701 5th Avenue, Suite 2700 Seattle, WA 98104 President V` Countersigned By: c �`` �ror�f Attest: " * ` Secretary Authorized Officer or Agent Guarantee/Certificate Printed: 09.05.19 @ 07:33 PM Page 1 WA-CT-FBCM-02150.622476-SPS-1-19-193526-SC CHICAGO TITLE INSURANCE COMPANY GUARANTEE/CERTIFICATE NO. 193526-SC ISSUING OFFICE: Title Officer: Seattle Commercial Unit 1 Chicago Title Company of Washington 701 5th Avenue, Suite 2700 Seattle, WA 98104 Main Phone: (206)628-5610 Email: WA-Commercial@ctt.com Liability $1,000.00 Effective Date: September 3, 2019 at 12:00 AM The assurances referred to on the face page are: SCHEDULE A Premium $350.00 Tax $35.35 That, according to those public records which, under the recording laws, impart constructive notice of matter relative to the following described property: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF Title to said real property is vested in: Powell Family Land Company, LLC, a Washington Limited Liability Company subject to the matters shown below under Exceptions, which Exceptions are not necessarily shown in the order of their priority. END OF SCHEDULE A Subdivision Guarantee/Certificate Printed: 09.05.19 @ 07:33 PM Page 2 WA-CT-FBCM-02150.622476-SPS-1-19-193526-SC EXHIBIT "A" Legal Description LOT 11-B OF BOUNDARY LINE ADJUSTMENT NO. 11-103696-00-SU RECORDED NOVEMBER 2, 2011, UNDER RECORDING NO. 20111102900001, RECORDS OF KING COUNTY, WASHINGTON. SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. TOGETHER WITH NON-EXCLUSIVE EASEMENTS FOR THE PURPOSES OF VEHICULAR AND PEDESTRIAN ACCESS; INGRESS AND EGRESS; AND GENERAL UTILITIES, INCLUDING RIGHTS OF CONSTRUCTION, OPERATION, MAINTENANCE, REPAIR, REPLACEMENT AND REMOVAL, AS SET FORTH IN THAT CERTAIN RECIPROCAL EASEMENT AND JOINT USE AND MAINTENANCE AGREEEMENT DATED NOVEMBER 14, 2011, RECORDED NOVEMBER 17, 2011, UNDER RECORDING NUMBER 20111117001134. ALSO TOGETHER WITH NON-EXCLUSIVE EASEMENTS FOR THE PURPOSES OF STORM WATER FACILITIES AND POND AS SET FORTH IN THAT CERTAIN STORM WATER EASEMENT AGREEMENT DATED SEPTEMBER 4, 2018, RECORDED SEPTEMBER 5, 2018, UNDER RECORDING NUMBER 20180905000575. Subdivision GuaranteelCertifzate Printed: 09.05.19 @ 07:33 PM Page 3 WA-CT-FBCM-02150.622476-SPS-1-19-193526-SC CHICAGO TITLE INSURANCE COMPANY GUARANTEE/CERTIFICATE NO. 193526-SC SCHEDULE B GENERAL EXCEPTIONS H. Reservations and exceptions in United States Patents or in Acts authorizing the issuance thereof. SPECIAL EXCEPTIONS Covenants, conditions, restrictions, easements, as set forth on Short Plat No. 177086: Recording No: 7708100901 2. Agreement with Federal Way Water and Sewer District and the terms and conditions thereof: Recording Date: February 10, 1988 Recording No.: 8802100726 Regarding: Water supply and sanitary sewer system Affects: the herein described property and other property 3. Agreement with Lakehaven Utility District and the terms and conditions thereof: Recording Date: April 8, 1996 Recording No.: 9604081934 Regarding: Sanitary sewer and water distribution systems Modification of said agreement recorded under recording number 9705161353. The lien of said agreement has been released by instrument recorded under recording number 19990929001213. 4. Agreement and the terms and conditions thereof: Recording Date: April 8, 1996 Recording No.: 9604081935 Regarding: Charges due for sewer and water 5. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Pan Western Land Company, Inc., a Washington corporation Purpose: ingress and egress and for service to and use by such adjacent property of sewer, water, drainage, storm water detention, electric, gas, telephone, television, cable, and other utility facilities Recording Date: September 3, 1996 Recording No.: 9609031406 Said easement contains a provision for bearing equal cost of maintenance, repair or reconstruction of said common easement by the common users. Subdivision Guarantee/Certificate Printed: 09.05.19 @ 07:33 PM Page 4 WA-CT-FBCM-02150.622476-SPS-1-19-193526-SC CHICAGO TITLE INSURANCE COMPANY GUARANTEE/CERTIFICATE NO. 193526-SC SCHEDULE B (continued) 6. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Pan Western Land Company, Inc., a Washington corporation Purpose: ingress and egress and for service to and use by such adjacent property of sewer, water, drainage, storm water detention, electric, gas, telephone, television, cable, and other utility facilities Recording Date: September 3, 1996 Recording No.: 9609031407 Said easement contains a provision for bearing equal cost of maintenance, repair or reconstruction of said common easement by the common users. T Easement and Right of Entry Agreement and the terms and conditions thereof: Recording Date: March 21, 1997 Recording No.: 9703211904 Regarding: Cable television distribution system 8. License to Enter Property and the terms and conditions thereof: Recording Date: June 16, 1997 Recording No.: 9706161537 9. Agreement and the terms and conditions thereof: By: Lakehaven Utility District and Huntington Park Builders, Inc. Recording Date: December 16, 1998 Recording No.: 9812160485 Regarding: Sanitary sewer and water distribution systems 10. Exclusive Easement Agreement and the terms and conditions thereof: By: Monte B. Powell and Diane E. Powell, husband and wife and Village Green of Federal Way, a Retirement Community, LLC Recording Date: January 7, 1999 Recording No.: 9901071544 11. Notes, Building Set back lines and Easements , as set forth on Boundary Line Adjustment 98-0005: Recording No: 19990708900011 Subdivision Guarantee/Certificate Printed: 09.05.19 @ 07:33 PM Page 5 WA-CT-FBCM-02150.622476-SPS-1-19-193526-SC CHICAGO TITLE INSURANCE COMPANY GUARANTEE/CERTIFICATE NO. 193526-SC SCHEDULE B (continued) 12. Exclusive Easement Agreement and the terms and conditions thereof: By: Village Green of Federal Way, a Retirement Community, LLC, and Monte B. Powell and Diane E. Powell, husband and wife Recording Date: February 27, 2001 Recording No.: 20010227000472 13. Developer Extension Agreement and the terms and conditions thereof: Recording Date: June 6, 2001 Recording No.: 20010606000376 Modification(s) of said covenants, conditions and restrictions Recording No.: 20020808001539, 20040114002177, 20041021000079, 20050929002962 and 20060126000473 The lien created by Paragraph 27 of said agreement is hereby released by instrument recorded under recording number 20110708000003. 14. Notes, Easements and Statements, as set forth on Boundary Line Adjustment 00-104014-00-SU: Recording No: 20011205900002 15. Agreement with Lakehaven Utility District and the terms and conditions thereof: Recording Date: September 29, 2005 Recording No.: 20050929002960 Regarding: sanitary sewer and water distribution systems Modification(s) of said covenants, conditions and restrictions Recording No.: 20061122000795,20071120000478,20090210000436,20100803000172,20110405000167, 20120618001868,20121002001340 and 20130430002121. The lien created by Paragraph 27 of said agreement is hereby satisfied and released by instrument recorded under recording number 20160519000574. Subdivision Guarantee/Certificate Page 6 Printed: 09.05.19 @ 07:33 PM WA-CT-F BCM-02150.622476-S PS-1-19-193526-SC CHICAGO TITLE INSURANCE COMPANY GUARANTEE/CERTIFICATE NO. 193526-SC SCHEDULE B (continued) 16. Drainage Release Covenant and Easement for ingress and egress to inspect and monitor surface water drainage facilities and the terms and conditions thereof: Recording Date: June 26, 2006 Recording No.: 20060626002497 Said instrument corrected by instrument recorded under recording number 20061031001521. 17. License to the City of Federal Way to enter upon the within described property to perform any necessary maintenance or work and the terms and conditions thereof: Recording Date: December 17, 2007 Recording No.: 20071217000017 18. Condominium Sale Prohibition covenant and the terms and conditions thereof: Recording Date: February 26, 2008 Recording No.: 20080226001717 19. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Puget Sound Energy, Inc. Purpose: Utility systems for purposes of transmission, distribution and sale of gas and electricity Recording Date: March 5, 2008 Recording No.: 20080305000581 20. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Lakehaven Utility District Purpose: Water and sewer facilities Recording Date: January 14, 2009 Recording No.: 20090114001111 21. Affordable Housing Covenant and the terms and conditions thereof: Recording Date: February 18, 2010 Recording No.: 20100218000744 22. Senior Housing Covenant and the terms and conditions thereof: Recording Date: February 18, 2010 Recording No.: 20100218000745 Subdivision Guarantee/Certificate Page 7 Printed: 09.05.19 @ 07:33 PM WA-CT-F BCM-02150.622476-S PS-1-19-193526-SC CHICAGO TITLE INSURANCE COMPANY GUARANTEE/CERTIFICATE NO. 193526-SC SCHEDULE B (continued) 23. Notes, and Easements, asset forth on Boundary Line Adjustment No. 11-103696-00-SU: Recording No: 20111102900001 24. Reciprocal Easement and Joint Use and Maintenance Agreement and the terms and conditions thereof: Recording Date: November 17, 2011 Recording No.: 20111117001134 25. Matters contained in that certain document Entitled: License Dated: January 18, 2018 Executed by: Powell Family Land Company, LLC and City of Federal Way Recording Date: January 29, 2018 Recording No.: 20180129001079 Which provides for among other things: Irrevocable license to City of Federal Way and agents to inspect construction and perform maintenance Reference is hereby made to said document for full particulars. 26. Matters disclosed by Survey: By: Duncanson Company Inc. Dated: February 9, 2018 Job No.: 98480.5 Discloses: Statement of Encroachments (A) A brick patio extends up to 6.7 feet north of the north boundary line (B) A chain link fence extends up to 0.3 feet north of the south boundary (C) Stone column gate post extends up to 2.5 feet east of the east easement line 27. Storm Water Easement Agreement and the terms and conditions thereof: Recording Date: September 5, 2018 Recording No.: 20180905000575 Subdivision Guarantee/Certificate Page 8 Printed: 09.05.19 @ 07:33 PM WA-CT-F BCM-02150.622476-SPS-1-19-193526-SC CHICAGO TITLE INSURANCE COMPANY GUARANTEE/CERTIFICATE NO. 193626-SC 28. SCHEDULE B (continued) General and special taxes and charges, payable February 15, delinquent if first half unpaid on May 1, second half delinquent if unpaid on November 1 of the tax year (amounts do not include interest and penalties): Year: 2019 Tax Account No.: 302104-9146-01 Levy Code: 1205 Assessed Value -Land: $528,700.00 Assessed Value -Improvements: $743,100.00 General and Special Taxes: Billed: $16,670.81 Paid: $8,335.41 Unpaid: $8,335.40 Note: FOR INFORMATIONAL PURPOSES ONLY: The following may be used as an abbreviated legal description on the documents to be recorded, per Amended RCW 65,04.045. Said abbreviated legal description is not a substitute for a complete legal description within the body of the document: Lot(s): 11-B BLA No 11-103696-00-SU RN 20111102900001 Tax Account No.: 302104-9146-01 The legal description in this certificate is based on information provided with the application and the Public Records. All parties must notify the Title Insurance Company if the description does not conform to their expectations Subdivision Guarantee/Cerdficate END OF SCHEDULE B Page 9 Printed 09.05.19 @ 07:33 f NI WA-CT-F BCM-02150.622476-S PS-1-19-193526-SC SHORT PLAT NO S,s�� T. R. IlIf KING COUTY, ASHIMGTON x r This space roserved far APPRGVAL recorder's use A Department of Planning and Community Development ' Building and Land Development Division Examined and approved this day of } • l9 %^ � to i .. �` vu n /f .• S' }II}��1 a>4YI3R11� ..'rS /J N � - - � - Manager, Building A Land: Development Di visi . I i department of Public Works y Examined and approved this day of W . riled Air record at the � i tequent ofz Director Nam [ i Department of Assessments Examined and approved this , day of bb f Return •.e '� .�, Cal i Alit Ling d Land DeValopmen.t Assessor n + 459 XC AdmIntatmtion Bldg LL a wattle, mwhington 98I04 ' Deputy Assessor i LEGAL DESCRIPTION � g Cd The West half of th- Northeast quarter of the Northeast 21 quarter in"Section 30, Township�J i North, Range 4 East of the Wil.lamette'Meridian, .King County, Washington. a EXCEPT County Road (S.W:: 356th)-• _. •, i i• t: r C _ » I .FD.�/0�-9c?0/ " i I n Mae on FF la in Vault Page 1 at i 1 ,mil—....."--...-...•--�-..r y.- ,.-.......�.r.-... �».t....y ..r-..a. —__� —, r- ---_—� ---. ... .. _ ""__� ,' - �... N l; .r ,vp@a/'-""W 910 2'Q Grp?. . } Ry Gil. CD O O T �I� ti W sV 5 � a� 1 Land Surveyor's Certificate: This short plat correctly represents c survey made by me or under my direction in conformance with the requirements o appropriate state and county statute and drdinance. Date !MAW t. sgasfr rD Cotti 'lcate No: /070e Short Plat No. vIr•� W !sv yx ceR�vsrr Map on File In Vault Direction: scaler V Page��af�, 0 -17 p, COVENANTS, CONDITIONS, AND RESTRICTIONS RUNNINP WITH THE LAND: Tracts) X designated upon the plat as 'a private road and thoroughfare, is degc—ribed in the King County Comprehensive plain as a 'local access street or road" and in accordance with the stan- dards thoreia, may be required for future County street, road, or thor- oughfari. 1. The owner,his grantees and assigns, hereby agree to dedicate Tract(s) X to King County for right-of-way and street purposes, at such time as said Tract(s) X is/are needed for those purposes. A Deed conveying Tract(s) — X to King County shall be executed by the owner, his grantees and assigns, and shall be deli- vered to King county upon demand. 2. The owner, his grantees and asniq.7s, hereby agree(s) to participate in, and/or not iirr�ose or protest, the formation of a county Road Improvement District (CRID) pursuant to RCW 36.68 or any Road Improvement project sanctioned by King County which is designed to improve Tracts) X and the immediate stVeet Sys- tem of which it is a part. Timing of ,the formation of said CRID or other road improvement project shall be,'qetermined.by King County. The street improvement authorized by the CRID or IL.:%her road improvement project shall call for the improvement of Tract(s) -' X and its immediate at -root system to at least the min Jmum King County road standards ap- plicable to the CRID or other road project is formed; provided that, irk situations where there is a multiple ownership of properties par- ticipating in the formation of the CRID, or other road improvement project, if a majority of the property owners want a higher standard, i.e., curbs, gutters, underground drainage, etc., that standard -shall prevail. ti Short Plat Number 2 pagel-of __,V_ DECLARATION: •, E Know all men by these presents that we, the undersigned, owner(s) in fee ` erg t r simple (and contract purchaser(s) .of the land herein described do hereby- �- { make a short plat subdi=ri-':ion thereof pursuant to RCW 58.17.060 and declare this short plat to be the graphic representation of same, and that said short subdivision is made with the free consent and in accordance with the desire of the .owner(s). In witness -whereof we have set our halids and seals. i; Name Name` 1 � f 0 Name Name ©� 1 O STATE OF WASHINGTON) ssa iI N County of King 3 ' On this day personally appeared before me James G. Hiller and Donna G. Miller - to me known to be the individual described in and who executed the a within and foregoing instrument, and acknowledged that they signed as j free and voluntary act and deed., for the uses and purposes therein_ mentioned, qi4 'under my hand and official seal this 16tjoay of June ,1977 V. Notary Public in and tw the 1 t r State of Washington ; . residing at Seattle i STATE OFWASHINGTON) ss. }k # County of King ) On this day personally appeared before me Diary A. Bozuhg - - i to me known to be theindividual described in and who executed the within ,and foregoing instrument, and acknowledged that she signed as free'and voluntary act and deed, for the usesand purposes.therein mentioned. S Given under my hand and official seal this 16t1day of June ,197 7 j ? seal" Notary Public in and o the _ State of Washington V' •%� ;�, w residing at Seattle Short Plat Number �4' _ Page I of I t _ c. EMERALD FOREST Agreement No. S_ 7J A G R E E M E N T THIS AGREEMENT, entered into in duplicate between FEDERAL %p WAY WATER AND SEWER DISTRICT, King County, a municipal rorpor- n O ation of the State of Washington, hereinafter referred to as O N the "District" and Emerald Forest Associates, Ltd., A California Limited O co Partnership, 1200 South 192nd Street, Suite 102, Seattle, Washington 98148, ca hereinafter referred to as "Developer". WITNESSETH: 40726 D :30. 00 WEIL'1tEAS, t€le District operates and maintains a domestic 11 water supply and sanitary sewer system within its boundaries which can serve property of Developer, and clg; 02,' 10 RECD F CASHSL WHEREAS, Developer desires to construct certain water mains and sewer plains and appurtenances at its own cost to serve Developer's property, for delivery to and operation by the District, NOW, THEREFORE, IT 1S HEREBY AGREED that: I • The lend for wilicir dome ;tic water supply and sever service is requested anal L? which this Agreement applies, i realty in King County, s sva;,llincaLo+r, legally described ort Exhibit 'A', attached Hereto and by this reference incorpor- ated herein. By erecuL-111(j this Agreement, Developer repre-V sents and warrants that it is the owner of record of the above -described property. 11 such representation of Ownership 'S invalidr this Agreement shall be void. Developer agrees t11at the District may require Developer to ,furnish a title report for the property at Developer's expense. 2. At t11e time the Developer executes and delivers tilis signed Agreement to the District, the Developer shall pay all associated charges as set forth in Resolution No. 87-100, or any subsequent amendment thereto, which charges are more specifically described as follows: ' WATER SEWER Section D - AJ-2: Developer Extension Charge includes administrative, inspection, engineering, legal and 0oc,h a MIC1,611 Allum.ys nl Low Page 1 472 Easl M.1l Aubwn, Was"Ingloa 9RW2 (700) 937•4397 . 9343970 i 110 CV ti O _O CV O Co O EMERALD FOREST Agreement No.. WATER SEWER other costs associated with the exten- sion of water and sewer facilities. $ 1,170.00 $14,900.00 (See subsections a 6 b below.) Section C - AJ-3: Latecomers Admini- strative Fee to cover the District administrative cost for Latecomer pay- back associated cost. $ 230.00 $ 230.00 Section E: Right -of -Way construction to cover District's cost associated In the Right -of -Way Construction Permit for both county permit. $ 210.00 $ -0- Total $ 1,610.00 $15,130.00 a. The Developer Extension Charge for water shall cover alloted inspection time of 15 hours by the District inspector. In the event the project requires District inspection in excess of 15 hours, or in the event the District incurs inspection costs related to R.O.W. Construction permit, the Developer shall be charged and shall pay, prior to acceptance of facilities, the prevailing hourly rate of $45.00 for such inspection. The Developer Extension Charge is calculated based upon review of preliminary plans, which review shall not in any way be deemed an approval of plans for construction purposes. 3. In the event this Agreement is not executed and returned, along with the above -referenced charges, within six months from the date of transmittal of same to the Developer, which date of transmittal is November 1, 19a7 , the Agreement shall be void and a new Developer Extension Applica- tion, along with application fees, will be required. A. In the event work and construction described herein is not commenced within 6 monLhs from the date plans and specifications have been approved, or construction has not been completed on or before July It 1989 , (unless delayed by an unavoir3able acc dent, strike or acts 4f God), this Agreement shall be void and of no force or effect whatsoever. It is agreed by the parties that time is of the essence in all matters relating to the performance of this Agreement. 5. The District's engineers shall review final plans and specifications for water main and sewer main construction to be performed by the Developer under this Agreement. If preli- minary plans are not deemed acceptable by the District, Devel- oper shall be obligated to revise the plans and specifications in accordance with design standards deemed acceptable by the District. After Developer has been notified in writing by the District that final plans and specifications have been approved, Developer and Developer's contractor shall meet with District representatives for a pre -construction conference before construction is commenced. The Developer shall submit mylar originals prior to or at the pre -construction confere+ice, Bonk A PdIc1n11 Allomo7s al Low 422 Ensl 1.1n1n Page 2 Aubu.n. Washington 9N92 RON 633•4397 . 9: -59M EMERALD FOREST Agreement No. 6. In addition to all amounts payable by the Developer, as set forth herein, the Developer shall pay, prior to the pre -construction conference, the sum of $2,976.60 as and for a charge in -lieu of assessment for water facilities constructed which provide direct benefit to Developer's property, or a portion of Developer's property, pursuant to and in accordance with the District Resolution No. 87--100, Section S. 7. The District shall apply for approval and permits from the appropriate agencies following receipt of the Agree- ment properly executed by the Developer. 8. In the event an easement is required over realty other than realty described in Paragraph No. 'I herein, such easement, in form acceptable to the District, together with title report or other sufficient proof of ownership of such (1! realty, shall be delivered to the District prior to commence- ment of work. Developer shall be obligated to obtain a writ- O ten release from any property owner across whose property con- struction is performed pursuant to the grant of an easement, C sufficient to indicate that the site restoration on the ease- D) ment is satisfactory and complete. 9. Prior to the commencement of work described herein, Developer shall deliver to the District a restoration perform- ance bond in the sum of $ 3,000.00 * * * * , conditioned that Developer will restore to the satisfaction of the District, and state and county agencies as applicable, all work to be performed hereunder in public rights of way and District easements. Corm and contents of bond shall be determined by the District. 10. Construction shall be performed in accordance with District approved plans and specifications and only under the supervision of workers or craftsmen experienced in the instal- lation of water and sewer mains and the related work. 11. By execution of this Agreement, the District does not guarantee sanitary sewer service will be provided to realty described herein. In the event that any District facilities, such as lift stations, treatment plants and sewer trunk lines, become utilized beyond their design or approved capacity or become inoperable for any cause, the District reserves the right to refuse any connections which would use such facility until remedial action has been completed, and the District shall not be liable for any direct or consequential damagesl which occur to Developer arising out of such District refusal to connect or time delay necessary to take remedial action. 12. The District shall not be obligated to allow connect- ion of any property designated in the King County Sewerage general Plan as "Non -local Service Area". 13. The Developer and its agents agree to indemnify and hold the District harmless from any and all claims which may be assessed against the District as a result of the construc- tion or maintenance of the work described in this Agreement prior to acceptance by the District. The Developer shall maintain in full force and effect during the construction period, liability insurance in the minimal amounts as follows: Bodily injury liability coverage with limits of not less than $500,000.00 for bodily injury, including accidental death to any one person, and subject to that limit for each person, in an amount of not less than $1,000,000.00 for each accident; Oocck • PHlehell Alhuney! el Lew Page 3 422 E.,1 Mal. Auburn, Wa,lunglon 9IM2 (206J 633-N97 . 854.5920 EMERALD FOREST Agreement No. and property damage coverage in an amount of not less than S1,000,000.00 for each accident. A certificate of insurance shall be provided, prior to or at the pre -construction confer- ence, stating the amounts of the coverage and the inclusion of the District as an additional insured. Oren days written notice shall be given to the District for cancellation or expiration of this insurance. 14. Developer shall notify the District the date work and construction described in this Agreement will commence, and said notice shall be given not less than 72 hours (not includ- ing Saturday, Sunday or national holidays) prior to such date. No sewer and/or water facility shall be covered prior to inspection. After work is commenced, it shall vigorously, consistently and in a first-class workmanlike manner be %0 carried to completion. Developer shall maintain at the con- % struction area at all times during construction, a representa- a tive to whom District notices may be given regarding construc- tion. Said representative shall be designated in writing by the Developer befol•e start of work. Developer may request inspections during construction upon 2-day's notice to tlsc QD District. Co 15. Testing of water and sewer facilities shall be performed as required by the District and only after satisfac- tory tests have been completed and witnessed by the District's designated agent, will the work be accepted. 76. Upen completion of construction, Developer or con- tractor shall deliver to the District a band in the amount of ten percent 0 0U of construction costs or $5,0u0.00, which- ever is greater, that a reliable contractor will matte and pay for repairs necessary within one (1) year from the date of acceptance of said construction, arising from faulty labor or material. Form of bond is to be approved by attorney for the District. Developers shall also deliver Bill of Sale for sewer and water mains and appurtenances installed and con- structed pursuant to this Agreement, together with permanent easements for their location in a form acceptable to the District. 17. Upon completion of construction, Developer shall submit for acceptance and approval to the District a statement of monies and/or other accounting of monies expended to per- form construction described herein, together with such other District. engineering records and data as may be required by the i IS. In the event Developer requests and the District Provides water meters for the realty described herein, prior to District's acceptance of work, Developer agrees to be solely responsible for any loss or damage to such water meters or their installation, which occurs prior to said acceptance of work by the District. 19. Work and construction performed under this Agreement shall not be connected to the District's sewer or water system until all provisions and requirements of this Agreement and District Resolution, on the part of Developer, have been fully complied with. 20. The District and Developer agree that in carrying out the terms of this contract, the Developer shall be acting as BOCA & Prltehell AllarneyS el Law 422 Easl Minn Page 4 Auburn, WOSlnnglon 9M2 r200 B7JdJ97 . 054.5920 EMERALD FOREST Agreement No. an independent contractor and in no respect shall Developer lie deemed an agent of Federal Way Water and Sewer District. 21. Developer shall not assign this contract without the written consent of the District. 22. Lhe District shall provide sanitary sewer service following District: acceptance of the sanitary sewer mains and facilities for operation and maintenance. Said sewer service shall be provided to subject property, or any portion thereof, upon payment of the connection charges as set forth and in accordance with District Resolution No. 87-1OO. Connection charges shall consist of the Capital Facilities Charge [CPC}, Side Sewer Permit Fee and any other such charges levied in +� acccrdeince Or with said Resolution any other applicableDistrict 7Resolutioneat~ Ql1d o time f request for service and issuance of the side sewer service permit. Prior to acceptance of ti►e facilities con- 0 strutted herein for operation by the District, Developer shall Pay to the District, in addition to all other amounts owing p and described herein, the sum of Fifty One Thousand Three M Hundred and No/140 IS51,300.00} platters to be held by the District and applied to offset operation and maintenance costs Of the temporary system, and the sum of Thirty Two Thousand Five hundred and No/Too [$32,iO0.00) Dollars as a Proportion- ate contribution for the permanent pump station and appurt- enances necessary to permanently serve the property. No portion of these sums or interest accrued thereon shall be refundable or returnable to the Developer. 23. The District shall provide water service following the District's •acceptance of the water distribution system for operation and maintenance. Said water service shall be pro- vided to subject property, or any portion thereof, upon pay- m ent of the connection char ges as set forth and in accordance with District Resolution No. 87-100. Said connection charges shall consist of the Capital Facilities Charge (CFC), Meter Installation C111irge, fright -of -way Construction Permit Fee, where applicable, and any other charge to be levied in accord- ance with said District Resolutions No. 87-100 or amendments thereto or any other applicable District Resolution at time service is requested. 74- The parties acknowledge that Developer will be installing a pump station to provide temporary service to the subject parcel rind, in the event of additional connections,ltc surrounding properties. Specifications for service and the service area for such temporary pump station shall be as referenced and described in the memorandum and letter from the District's consulting engineer, Psi, Iuc „ to ESpI dated August 21, 1986, and April 3, 1987, which are attached hereto as Exhibits 'R' and 'C' and by tills reference incorporated here- in, with said service area being legally described on Exhibit 'D', attached hereto and by this reference incorporated herein. ra matters relating to such temporary pump station and iemparary service, Developer agrees to proceed under and in olution. N. Service lPolicy) iance iand th bthe rgoals, ict eSstandardsoan86-046poli(Tempories ary po s ted in the attachment thereto. Provided that the require- ment for conformance to the District's Temporary Service Policies are met, the District shall agree to charge the Property described in Exhibit 'E', attached hereto and by this reference incorporated herein, a latecomer charge, upon such properties connecting to the system if same be made within ten Bonk • Pritchett Attorneys at Lew Page 5 a22 East Main Auburn, Walh,n91an 60002 /2011 =-4297 - 854.5920 ENERALD FOREST Agreement No. (16) years from the date of this Agreement, for the pro or- tianal cost of such adjacent properties' snare of t1w tempor- ary pul"p station and force main, including the annuity for operation and malntenance, referenced in the plans and this Agreement. For purposes of this section, "proportional share" for latecomer assesstsleot will be calculated and collected using the HnU basis, as same Is described in District Resolu- tion No. 87-100, of all properties to be served, and appor- tioning the total t:ost of such .facilities thereL-o. 25• The parties acknowledge that certain sewer and water facilities to be constructed by Developer may provide addi- tional capacity to the District and thus may be subject to the District's oversizing policy described in District Resolution No. 86-070, Section 2, or ztnendtiieut thereto. Developer agrees -Q that it may receive compensation for oversized facilities, as described in said resolution, only after full compliance with the requirelneuts set forth therein and any noncoillpliance with p such requirements sisall colk� t'lt'ute a waiver of any rights held N thereunder. Developer Curtner acknowledges familiarity with C7 the requirements and provisions concerning oversizing in 86-070. CO CU 26. Partial waiver or waiver by acquiescence by the District of any provision or condition of this Agreement shall not be a waiver of any other provision or condition of this Agreement. 27. This Agreeinent sitall constitute an easement and servitude upon the properL'y described herein and shall be binding upon the heirs, assijns and successors in interest to tine Developer. Titis Agreernent shall constitute an equitable lien against property described Herein and in the event of nonperformance by Developer, as stated herein, the District ittay foreclose said lien It, the planner authorized by law. 28. This writing constitutes the full and only agreement between the parties, there being no promises, agreements or understandinys, written or oral, except as herein set forth, or as hereinafter may be amended in writing. 29. Upon execut•inn of this Agreement, the parties agree in L•he event either of them In required to enforce any provi- sion or provisions of this Agreement against the other, that the prevailing party shall be entitled, in addition to all other amounts to which it is otfterwise entitled by this Agree- ment, to its acUlal attotney's fees and costs, Including th7se Incurred on Ippeal. WITNESS our hands and seals. PRIMARK CORPORATIC.L1 FEDERAL WAY WATER AND SEWER General Partner of DISTRICT, King County, Emerald Forest Associates, Ltd. Washington A Califo nia Limited Partnership. gyAHnS. Tan €hector of Engineering and Operations Its President Dated: r — Dated: (, 00c01, a P.11.1.01 Altonmys at Low 422 East Main Page 6 Aubmo. Vinshln91on 99002 1200 BJ2J]97 . 854.5920 fV :o 03 EMERALD FOREST Agreement No. STATE OF WASHINGTON ) ss: county of I certify that I know or have satisfactory evidence that \i is &- &�— signed this instrument, on oath stated that —,1 was authorized to PYPenf P *ham and acknowledged it as the-�Le ate. e4�„�! of Primark to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED: U Page 7 EXII[BfT "A" The Sautheast quarter of the SautheaFt quarter of Section Township 21 19, Washington; North, Range 4 East, W.M., in King County, EXCEPT the road by need East 30.0 feet thereof conveyed to King County for recorded under Recording No. 1229268; AND EXCEPT Avenue South that portion thereof deeded to King County for by Deed recorded 1st v under Recording No. 8501070838; TOCETNER WII'll reservations AND SUBJECT TO casements, restrictions of record. and +O f11 CJ O_ _ CV Q co CC) Jf d Federal way water & Sewer District P.O. Box 4249 - 31627- 1st Avenue South ■ Federal 'Nay,'Nashin5,on 98063 Seattle: 941.1516 ■ Tacoma: 9Z7-292? EXHIBIT "B" August 21, 1986 . * i:� ,Mr. Robert D. Scholes jN'V ESM Inc. 451 SYl 10th Street, Suite tab Renton, %VA 90055 Re: Niase Property - S71 Corner of SW 346th/First South Temporary Sewer Service - Procedures Letter 1. Dear Mr. Scholes: 0 The Developer Extension application with -a360 check has been received for 0 the subject property. The ❑E Agreement will 4e drafted For both water and rV sewer; however it can not be completed and executed until preliminary plans cotoebeeceived built. for the subject Se are theagreemenotp se a which e uted describe the deve developer llealso�halve to provide documentation ;howing what ownership right he has for the Subject, property. your July 24th letter requested that temporary server service be provided under District Resolution 86-046. Our review indicates that the requirements for efforts to farm a ULID and to construct permanent facilities under , pE Agreement have been met. Under the District pollcy, this Procedures Letter defines the steps you must accomplish to achieve temporary sewer service. 1, En ineerinn Reouirements: a. Preliminary design of the site must be completed in sufficient detail to approximately locate the buildings and access rcads together with all necessary sewer mains and manholes. b. Server mains must extend to all four sides of the property to allow service to adiacent sites. These main extensions must be at the lowest feasible elevation, and because of the sixt of the ,.iase parcel, more than one extention will be required to the north and south property lines. c. A 36-inch gravity trunk extension must be constructed across the site through to 5W 356th Street at a slope between 0.0007 and 0.001e with the actual design gradient determined from a topographic survey by you through to SW 356th Street. John T. Sawyer Robert A. Piquette Donald LP. Miller Leonard A. Thompson Gxnmm er Camnnsseeer C3mrr.=Wnr COlnmis:'ax7pt 106T17:1 Page 1 of 5 N O _O N O W Co 'l i Mr. Robert D. Scholes August 21, 1986 Pag e 2 2. Temoorary Service Desian: a. Pump station service area will approximate the boundaries shown on the attached map, though the actual boundaries will be determined by the Engineering Evaluation. b. The pump station shall be a duplex, wet wellldry well facility meeting the same design standards set by the District for permanent pump stations. A statement of these standards will be prnvided as part of the Engineering Evaluation to be completed by the District based an your preliminary design. Discharge vilil be to the south end of the 36-inch trunk across the !Rase property. c. Emergency provisions shall include either a generator able to operate one pump plus the station base load: or an emergency power plug with transfer switch Pius two hour storage at average day flow. _. Special Provisions for the DE Agreement; a. Annuity fund shall cover the estimated operating and maintenance costs for 10 years with no refund provision. b. Latecomers benefits shall be allo:•,ed for both the project cost to construct the temporary pimp station with force main and for the 0 s M annuity. 4. Charges: a. Developer extension charge shall be $550.00 for each reach of sewer main (manhole to manhole) plus 3 percent of the estimated construction cost of the pump station/force main facility. Actual number of reaches and pump station force main cost can not be estimated until preliminary plans are reviewed; however, we estimate that the collection system will include about 50 pipe reaches. b. Temporary sewer service charge of $350 is due and payable now. c. Connection charges will be calculated at $1,050 per equivalent residential unit (ERU) with multi -family units counted at 0.67 ERU Plus $50 for each side sewer, connection to the sewer mains. d. Remaining charges are those normally applicable to a developer extension. S. Estimated Share of Future Facillties: a. All permanent gravity mains within the subject property shall be installed as part of this Developer Extension Agreement. 106717:2 Page 2 of 5 Mr. Robert D. Scholes August 21. 1986 Page 3 b. Peak sewage flows generated by this development are not expected to exceed 350.000 gpd and can be accommodated by an 8-inch gravity main. Therefore no participation will be required in any off -site gravity sewer mains or trunks. c. Permanent pump station to serve this property Is presently plan:;ed by the District to be built near South 368th Street and Pacific Highway South with the force main running west to 6th Avenue SW. Approximately 400 acres are involved in the Brook Lake Sector with project costs for the focal share estimated at S420,000, or about $0.0241 per square foot. The share for the Mase property (about 11,350,000 sq will be about S32,s0o. This NO amount must be paid in total prior to acceptance of the temporary system by the District and represents the full share for this property of the permanent facilities. Interest earned by the p District on these funds until the permanent facilities are actually C11 built shall be considered as defraying cost escalation plus O contingencies for such changes in requirements as regulatory �agencies may impose. 6. OcerLting and ,Maintenance Fund: a. An annuity is required to operate and maintain the temporary Pump station for to years. Present annual costs for similar District stations are budgeted at 58,000 ivlth District interest rates currently averaging 9 percent. The lump sum payment is therefore $51,300. b. The annuity must be paid to the District upon completion of construction and before acceptance of the system by the District for operation. No refund will be made should the permanent facilities be installed sooner than 10 years, nor will any Financial i adjustment be made due to changes in District costs or interest/ rates. c. € atecomer provisions will be allowed for 10 years on a proportional basis for the annuity in accordance with the number Of equivalent residential units planned or zoned for developing Parcels and the portion of the 10 year period which the parcel is served. 7. Construction Performance and Guarantee: a. The District will review the procedure used by the Developer in selecting a construction contractor and determining the cost which may ultimately be shared by latecomer property owners. Accordingly we will want copies of at least three written priced proposals from recognized contractors prior to scheduling a preconstruction conference. 106T17:3 -.---.� _ Page 3 of 5 _ i Mr. Robert D. Scholes August 21, 1986 Page 4 b. Insurance, performance and maintenance bonds shalt be in accordance with current District Developer Extension requirements. To proceed further, the District requires written acknowiecicement of this Procedures Letter and payment of the $150 temporary sewer service charge. Once your preliminary plan is received, we will then prepare the Engineering Evaluation for review by the District staff. The application with staff comments will go to the Boar as they must @ppreve all temporary sewer service agreements. %-0 Sincerely, ti FEDERAL WAY WATER AND SEWER DISTRICT 0 Stephen T. Wieneke co Director of Engineering and Operations co cc: John Bocek PEI Consultants ' 106T17:4 Page 4 of. 5 EXIITBIT "D" The Southeast 1/4 of the Northeast 1/4 of Section North, Range to Eaat, W.pl.; 19, Township 21 EXCEPT county road (1st Avenue SnUth); EXCEPT port inn platted as Campus View, Volume 101 of Plats, pages 21-24, records of King CnunLy, Washington. That portion of vacated Blocks 6, j2, IB and 24 Lakewood, Volume !fi of P1;1ts, palate 35, in King County, Washington, lying westerly of tht• westerly line of 1st Avenue South. �D CV f�— C) That portion of Lhc Sn1111114est quarter of See Cion 19, Townshithe Northeast qu•artcr of Qp 21 Nortlt. Rnge East, W.P1., in King; OCounty, a4 Washiniton lying; snutleansterly of ilonneville Plower Lines M and nortileastorly of S.W. r.ampus Urivc. C1� The Wcs1 440 fcct of the North 1/1 Snuthwcst u! the Northeast I/4 nC the 1/ti of rho Snuthwcst 1/4 Eof Section 20, Township 2l North, Range ri East, W.61., in King County, Washington; EXCEPT the North '1tl foot thc•ronf; Si[uatr in the r.nuttty of : "111, Stale nC Washington. i'ho Nttrthwesl quarter oC the Snuthwcst quarter of the Southwest gltarter of Township 20. Set•tiou 21 North, Rartlte 4 East, in King Clonttty, Wilshingtno; I"XCEPT the Nortlt 50 fee[ FU EPT cite Wont 42 f,vt thereof rottvethereof; AND yed to Kinl; County for road undt•r Itrrot'dittg, i;us. 1229975 and 8409280489: Situate in the County ,I' ring, State of Washington. The therlh half of tile Southwest quarter of the Snuthwcst quarter of the Southwest quarter of Sect inn El" East, 7.0, Township 21 North, feet. Range 4 W.F1., in Kin/; County, Washington; I.I.SS tite West;30 The South half of thr Southwest quarter of the Southwest quarter of the Southwest quarter of Section 211, Township 21 North, Range a E;1sc, conveyed t in King; County, Washington; EXCEPT the West 30 feet conveyed [o King County for First AVCnUt South by recorded under Recording No. 1229267, Deed 'The East Northwest half of quarter the Nnrt11 half of Lile Hnrth hail' cf the Towtship 21 oC t11c Northwest Nortlt, Range 4 quarter of SecCion 29, Washington; EXCt1'T East, tile West 30 feet W.PI., in King County, County for road purposes ultder Recording tltercuf deeded to King No. 1227023. Situate in the County of King, State of Washington. Thc! West one-third of t11e Soutll three -fourths of the Northwest quarter of the Northwest quarter of Section 29, Township 21 North, Range 4 East, W.N., in King County, Washington; EXCEPT the South 792 feet, and EXCEPT the West 30 feet. t Page 1 of •i Exhibit "0" continued The North 99 feet of Elie Sout:t 792 feet of the West one-third of the South three-quarters of the Northwest quarter of the Northwest quarter of .Section 29, Township 21 North, Range 4 East, W.M., in King County, Washington; EXCEPT the West 30 foot thereof condemned in King County Superior Court Cause No. 130599 for road. C1f The West 440 feet of tltc North 99 feet of tire Soutll 693 feet of f-, the Norlllwest quilrter of Lilo Northwest quarter of Suct inn 29, Township 21 Nortlt, Range 4 East, W.M., in King County., Wash iup, tun; EXCEPT the West 30 fact chernof, condemned in King OCounty Superior Court Cause No. 130599 for road purposes. CD CU The west 150 feet of Lhn North 99 feet of the South 594 feet of the Northwest quarter of the Northwest Township 21 North, quarter of Section 29, Range 4 Wash tnl;ton; EXCEPT for the West East, W.M., 30 feet. iu King County, That portion of Lilt, Northwest quarter of the Northwest quarter of Section 29. Township 21 North, Range 4 East, W.M. in King County, Washington, described as follows: nut" inniIII, on the. westerly line of said subdivision at a point 495.00 feet northerly Ofthe Southwest corner thereof; thence northerly along said westerly line 99.f10 feet; thence easterly parallel with the northerly line of said Subdivision 440.00 feet; thence southerly parallel with the westerly line of said subdivision 99.00 feet; thence westerly parallel with the northerly line of said subdivision /44U.0o feet to the true point I)[ beginning; EXCEPT the westerly 150 fact, as measured along the north line thereof. TOGETHER WITH au casement for inl!ress, egress and utilities liver the north 15 fact of said oxcoptod westerly 150 feet thereof; EXCEPT the West 31) feet thereof for First Avenue South. The North 99 feeL of Lilt! South 495 feet of the West 1/3 of talc South 2/4 of the Northwest quarter of the Northwest quarter of Section 29, Township 21 North, Range 4 East, W.M., in King County, Washington; EXCEPT the West 30 feet condemned for road in King County Superior Court Cause No. 130599. The North 99 feet of the South 396 feet of the !Jest one-third of the South three-quarters of the Northwest quarter of the Northwest quarter of Section 29, Township 21 North, Range 4 East, W.M., in King County, Washington; EXCEPT the West 30 feet condemned for road in King County Superior Court Cause No. 130599. SUBJECT TO matters disclosed by survey recorded under Recording Number 7810309003. 1 Page 2 of 4 Cxhibit "0" continued The North 99 feet of the South 297 feet of the West 1/3 of tha South 3/4 of Lite Northwest quarter of the Northwest quarter of Section 29, Township 21 North, Range 4 East, W.I•I., in King County, Washington; EXCEPT the West 30 feet for road. The Soutli 198 feat of the West our -third of the Northwe.t quarter of Lite Northwest quarter of Section 29, Township 21 North. Range 4 East, W.I.I., in King County, Wasltia�ton; LESS Chh c Sout N 30 feet, LESS the blast 30 feet. f� O O OEast half of the Southeast quarter of the Northeast quarter of the Northeast quarter and the Southeast quarter of the Northeast Co quarter of the Northeast quarter of the Northeast quarter of Section 30, Township 21 North, Range 4 East, W.P1.. EXCEPT the South 30 feet therrof for county road. The South three-quarters of the West half of the FasL half of the Northeast quarter of tho Northwest quarter of Section 30. Township 21 North, Range 4 cast, W.M., of King Coun[y, WaxhinrLon; LESS county roads The Watit itaif of the Nt)rLhvas t gtin rtar .sf Lhe Northeast quarter in Section 30, Town:;hip 21 NnrLh, Range 4 East, W.t•I.. Kinr County, Wrtshingron; EXCEPT County Road (S.W. 356th) and F.RCEP T Ihat porritilt lying westerly of the future proposed sanitary sewer trunk main. The North hair of the Northwest quarter of Cite Nnrthcust qunrtcr of the Noriheast quarter If Section 30, Tnviiship 21 North, Range 4 East, W.11_, in King Cssunty, Wasltinr.Lan. SrTOATE in Lhc Cnunty ssf mien, State ur Washington. TOGETHER WITH AND S(I1S.lEC1' TO :, 10.04 foot easetncot for ingress, egress, and utilities, over, under and across the following describes) pruperty; Beginning ar Lltr. tlortlsra:rt rnrnur of Scctiou 30, Township 21 Norlot, Ifangu 4 East , W.11., Kiug Cnunty, WasltingLflu ; Iltcttce South 01 78'56' West alone; the East I ine 0f said Sect it:n J10. 73 feet ; I hruce IlorLlt 83-50'IS" Nest nlnnT tlse South line of the Val -Eh half of cite Northeast quarlur a the Nottheast quarter of the Nnrtl,e:ssc quarter of sail! Section 30.00 feat to else West margin of county road to cite True Point of Beginning; Lhenca continuing North 8 8 ' 5 0 ' 3 5 " West 38Z.L4 fear to o point which is 30,00 fort West of the East line of tlse WeSr. 275.00 fret of said subdivision; thence Norcls 01°28'17" East Para Ilei to Lite West line of said subdivision I65.49 feat to a point on the North line of the South half of tite West 275.0o feet Of said subdivision; thence South 88,4+9'43" East along ehc North line of said South half of cite West 275.00 feet of said subdivision 30.00 feet to the Cast line of tlse West 275.OU feet of said subdivision, thence South 111'28'17" West parallel to the West tine of said subdivision 135.48 feet to a point wlticlt is 30.00 fret Norcls of cite Soutlr tine of said subdivision; thence South 88'50'35" Ensc parallel to the South line of said subdivision 327.28 fort to a point or curvature; thence along the arc of tt 25.00 foot radius curve to the loft through Li central Angle of 89'40'29" an are distance of 39.13 feet C� a Point of t:sngency, suid point being on the Westerly margin of county road; thence South 01°28'56" Nest along said Westerly margin 54.86 fact to the True Point of Beginning, Page 3 of 4 l Exhibit "D" continued The Southeast quartrr of the Southeast quarter or Section 19, Township 21 North, Range 4 East, W.M. in King County, Washington; EXCEPT the East 30.11 feet thereof conveyed to King County for road by Deed recorded under Recording tin. 1229268; AND EXCEPT that portion thereof deeded to King County fur Ist Avenue South by Deed recorded tinder Recording No. 85C1070838; TOGETHER WrTll AND SUBJECT TO casements, restrictions and Nreservalions of record; I,*— EXCEPT that portion lying westerly of the future proposed 0 sanitary sewer trunk main. N 0 CO CIO Page 4 1 EXIIIBTT "E" The Southeast 1/4 of the Northeast 1/4 of Section 19, Township 21 North, Range 4 East, W.N.; EXCEPT county road (lst Avenue South); EXCEPT portion platted as Campus Viuw, volume 101 of Plats, pages 21-24, records of King County, Washington. `%D That portion of vacated Blocks 6, 12, 18 and lb, Lakewood, N Volume 16 of Plats, page 35, in King County, Washington, lying westerly of the westerly tine of [st Avenue South, O CV CoO That portion of the Southwest quarter of Life Northeast quarter of Section 19. Township 21 North, Range 4 East, W.M. in King County, IJashingtOil lying :ouLlIcasterIy of Bonneville Power Lines and northeasterly of S.W. Campus Drive. The WORL 440 feet• of thr. North I / 2 of the Northeast 1/4 of the Southwest 1/4 of the Southwest 1/4 of Section 20, Township 21 North, R:InRe 4 East, 14 tj., in Kinl; County, Washington; EXCEPT the North 30 feet thereof; Situate in the County of King, State of Washington. The Northwest quarter of the SouthwesL quarter of the Southwest quarter of Township 20, Section 21 North, Range 4 East, W.pl., in Kinf; Cnuuty, W:IshiuRton; EXCEPT Llte North 50 feet thereof; AND EXCEPT the West 42 fret thereof conveyed to King County for road unJor Rec.urding No.,;. 1229975 and M409280489; Situate in the County of King. Slate of Washington. The North half of the Southwest: quarter of the SatltltweSL quarter of the SOil t11we9r gnarLer of Section 20, Township 21 North, Range 4 East, W.pI., in King County, Washington; LESS the Wust;30 feet. The South half of the Southwest quarter of the Southwest quarter of the Southwest quarter of Section 20. Township 21 North, Range 4 Bast, W.N., in King County, Washington; EXCEPT the West 30 feet conveyed Lj King County for First Avenue South by Deed recorded under Recording No. 1229267. The East half of the North half o,f the North haft of the Northwest quarter of the Northwest quarter of Section 29, Township 21 NurLh, Range 4 East, W.M., in King County, Washington; EXCEPT the West 30 feet thereof deeded to King County for road purposes under Recording No. 1227023. I Situate in cite County of King, State of Washington. I I The West one-third of the South three -fourths of the Northwest quarter of Cite Northwest quarter of Section 29. Township 21 North, Range 4 East, W.N., in King county, Washington; EXCEPT the South 792 feet, and EXCEPT the West 30 feet. f E I i Exhibit "E" continued The North 99 feet of the South 792 feet of the West one-third of the South three-quarters or the Northwest quarter of the Northwest quarter of Section 29, Township 21 North, Range 4 East, W.Ff., ire ling County, Washington; EXCEPT the West 30 feet thereof condemned in King County Superior Court Cause No. 13U599 for road. The SJrst 44U feet of the North Cite Nv rthwest 99 Feet of the South 693 feet of (v quarter of the Township 21 North Range 4 Northwest quarter of Section 29, E;rst, W.M., in King County, Washington; EXCEPT the West 30 feet OI� County Superior Court Cause No. thereof, condemned in King 130599 for road purposes. j coThe West 150 feet of the North the Northwest 99 CecC Of tile South 594 feet of quarter of the Northwest Township 21 North, Range quarter of Section 29, 4 Washington; EXCEPT fur the we5C fast, If.N., in Kinl; 3U feet County, That. part ifill of the Northwest quarter of the Northwest quarter of Section 29. Township 21 North, Itrtngc 4 East, hr.M., in Kiug County, Washington, descri6cd as follows: beginning; on flip westerly line of said subdivision at a point nor the feet northerly of the .Southwest corner thereof; thence northerly along; said westerly line 99,Oo feet; thence easterly parallel with the northerly line of erred subdivision 440,00 feet; tltcnre southerly parnIlei with the westerly line of subdivision 99.00 re I, said o; thence westerly parallel with the northerly line of said subdivision 440.011 feet to flip true point of beginning; EXCEPT the westerly 150 f%et, thereof. as measured along the north line TOGETHER WITH an easement for ingress, egress and utilities over the north 15 feet or said excepted westerly 15U feet I.i,ercor; CXCEPT the West 30 feel thercar for First Avenue South. The Ifarth 99 feet of the South 495 feet of the West 1/3 of the South 3/4 of the Northwest quarter of the Northwest quarter of Section 29, Township ll North, Itange 4 Cast, W.M., in King County, Washington; in King County Superier EXCC1'T the West 30 font condemned for road Court Cause No. 130599 The North 99 feet of the South 396 tfeet of the West one-third of It South three-quarters of the Northwest quarter of the Northwest quarter of Section 29, Township 21 North, Range 4 East, W•M., in King County, Washington; EXCEPT the West 30 feet condemned for road Superior Court Cause No. 130599. in King County SUBJECT TO matters disclosed by survey recorded under Recording Number 7810309003. i Exhibit "Elf continued The North 99 feet of the South 297 feet of the West 1/3 of the South 3/4 of the Northwest quarter of the Northwest quarter of Section 29, Township 21 North, Range 4 East, W.H., in King County, Washington; EXCEPT the West 3o feet Cur road. The South 198 feet of the West. one-third of the Northwest quarter Of the Northwest quarter of Section 29, Township 21 North. Range 1Nw0 4 East, W.pt., in King County, Washington; LESS the South 30 feet, LESS the West 30 feet. :J jEast half of the Southeast quarter of the Northeast quarter of Clio Northeast quarter and the Southeast quarter of the Northeast 00 tluarter of tit(, Northeast quarter of the Northeast quarter of Section 30, Township 21 North, Range 4 East, W.M., EXCEPT tilt. South 30 feet thereof for county road. The South three-quarters of the West half Of the Cast Etalf of the Northeast quarter of the Northeast quarter of Section 30, Township 21 North, Range 4 East, W.pl., of King County, Washington; LESS county roads. The West half or the Northeast quarter or the Northeast quarter in Section 30. Township 21 North, Ranl;e 4 East, W.AI., King County, Washington; EXCEPT County Road (S.W. 356th) and EXCEPT that portion 1yinp westerly or the future proposed sanitary sewer trunk main. The Nartlt half of the Northeast quarter or the Northeast quarter Of the Northeast quarter of Section 50, Township 21 Nortb, Range 4 East, W.N., in King Cuuoty, Washington SITUATE. in the County of King„ State of WttsltingCan. TOGETHER WITH AND SUBJR17T To a 30,00 foot easement far ingress, egress, attd ittilities, over, under and across the follOW' in& described property; Beginning at the Northeast turner of Section 3U, Township 21 North, Mange 4 East, W.M. King County, Washington; thence South 01'28'56" West along tilt. East line of said soctiatt 330.73 feet; Clet.rlet. North 88'50'35" Weld along Cite South Iine of Elio Nortlt half of the Northeast quarter of Cite Nartl>east quarter of Elie Northeast quarter of said Seceiott 30.0❑ feet la the West margin of county road to tile: True Point of Beginning; thence conCinuinp. North 88"50'35" West 382.f4 feet to a point which Is 30.00 feet West of tile Fast litre of the West 275.00 feet of said subdivision; thence North 01'28'17" East parallel to the West line of said suhdivision 165.49 feet to s pain[ on tilt. North line of tilt Soutlt ltaIf of tftc West 275.00 feet Of said subdivision; thence South 88°49'43" East along the North line of said Sou tit Ilalf of [hc West 275.00 feet a said subdivision 30.00 feet to the East line of the West 275.00 feet said subdivision; We thence South 01'" 'I7" West parallel to tht. West Iine of said subdivision 135.48 feet to a point Which is 30.00 Fact North of the South 111te of said South subdivision; thence subdivisionioll 3 East parallel to tile South Iine of said 2727.2g feet the arc to a point of curvature; thence along of a 25.00 foot radius curve to the left through a central angst of 89'40'29" an arc distance of 39.13 feet to a point of tangency, said point being an the Westerly margin of county road; thence South 01'28'5fi" West along said margin 54.86 feet to Elie True Point of BeginniWesterly ng. PEI CONSULTANTS. INC 10800 U.E. NTH SVENTH FLOUn 3ELL=VIIE. WA 4M-t EXHIBIT "C', (206) 455.9494 TO E5 /'r WE ARE SENDING YOU C Attached C Under separate cover via _ C Shop drawings C Prints =Plans Copy of letter C Change Order C- LE L J L lU IP U lgiiAAh �u' L'.uu u u La_I,_ c a r r e,? 1 „'. „ f CS , 7 02 I Iv 5c-rtela 1 • s7'�-r . G'n !hc following items: Samples = Specifications COPIES I PATE I tld. 1 I I I ivlC ! � � �/IC 111 u�i• S�YJ /�/+'�7rlC {�`?7 1 UA 12 6-3 1 ( I I Serer ep rh-�►- s/H.� �—�- I I I I I 1 1 THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ Approved as submitted For your use ❑ Approved as noted y ❑ As requested ❑ Returned for corrections ❑ For review and comment ❑ ❑ FOR BIDS DUE 19 REMARKS copy TO nmutwp.�r•�rnm 0 Resubmit copies for approval ❑ Submit copies for distribution ❑ Return corrected Prints PRINTS RETURNED AFTER LOAN TO US SIGNED: It .n J.—i srn -r •. nerd, ki dry -iffy a seer, /. /Q' �•� /z � CJi.4.�.^r'/^�C SfitT/c/v i �. � /✓Jt cJ�r��'i/�io.J i r..,. o ov /�/�J /.i/+c/� c�/J tT• �p Ur �., e.vr/- ,?ceps^J ,i✓/e ST�7r/°.v r�Gew. � /3 /ei.J G. / .r✓Ce rJ ...e �� roN I (.c/.o><r✓L c?o�2/J,CP /Ve r,7ne,e r/oc✓ i✓ecrSS��Zy ` q. atf�iCr/./C [�a.✓rio / 4� S i7 �a. Sr�n A�C ['°,✓Iiu/ �nNo/ �..r� %�.[(' � r/ioNJ CVC PiC `�y} I.Z . /fir y /3. P°ar �•uv ��•Ssuite d�••,� i/.t>!vo.•r �a2 �� y w.// /�,. O � �1?6 MNNUN/S �%' T�',q�NI/J9 �'02 PCB � [�i�ScnGC �i./f�•o/S Page 2 of 6 ]� I c cc cc Page 3 of 6 J _.w ?�•: _. .. =t: S?=�— _�. �_ nib._ A. Basic ::atej_ajs and . et`=ds.. sec;_on 16100. e- B. lee a'_ pr :ens: Sec 1cG.^ = '- -- C. 'c_ckae_c'Sevace ? -: _ _-_ : Sec=_=: _363C. A. :7ew, _=ee _=_z defects, a a__-. as sp_____ed. C. �_C�:auras :n 5_:`.:._.n _I:-C. :st `• • a: cued test ^;la:.c_atot_ r. el-d r N C. Se_=ah:e ^_ he —tended ar. __:at_ca. -. ? C7C= 5 N Q co Texas ::ode: 520. co - :st=uae nts 3. 500 Se=_es :n:ccts a=.'_ C:tpcta. C. --.__ Y:z-^.l vc'_tace an' - zinc as shoom on 0. G1:tpc's: Q .__tp, ...__ace -- d _at=; as show:-. cn`appli c_.le .adder d:agr..-.. _. 0: eret;mg Voltage: as show-m cn draw:ags. A. ?rogra_ Shall he a=.of the r_atrel scheme s.-.own on the r a:pl:c-0-le feeder dra;raa, _arslated as aecessa=: to suit %.'he :ro- cr,--+axle controller dc=dished. B. -Lrzish two tapes cc patible with =rocs 'ale eo-t=cller zvma_Qac- __-_ _ :ape loader, each tape con a ung a=ecorced Frog==.. C. Docume:.t _rogr= lry a ladder e_as:aa z_r'i shcp draw: gs. -. =:5_..__ .. :.. .araliaticn and wir_ng shall 3e as reed=ended by rani=oZ_'er ==e_ac- tarer and as shown on the drawings. 16400-1 r' Page 4 of 6 i� i .i t q 74 12 M a P ice' l• \� I •�, "J +•"�I�', Ii '� .:, • '.' _ +•1�.': � � ['. 1111 r t �. '•� I � I F-Irl 1 1 1 11 [I li' ti .I ,• V, r .�_�''� ' �.!�f'%/,: j�M Ili, •�-•�� . �_ � l t If � I f � `• �_.._�.:•__ � : �-:-! � 7(:i fill t t f; ' -� I + - i1 .III i �`� ~' � �.. _ „�..__ �iFl1_ _.,elf €l_• .' I _ _ -� �� rr��j ' �"_ I ____ mot. a��• , P Y � el I r �m • 9ZLDOIZ09B l 1 I i 1 1 f 1,., o J.1 ! V.9 7SO ftffy 1. , . qp, e, ;7 sno V,V I r L Y•t �t �• r Dt APRVILLAGE GREEN PHASE I �u AgrBement No. 96-341 �EC;G n. fY.Gt] 3 vl•df�� 1G.iiCL' ��lpl�� I1- *5 V. 2are 4&o/01Z9G S A C R E £_NS E N t 3 M. THIS AGREEMENT, entered into in duplicate between the LAKEHAVEN UTILITY DISTRICT, King County, a municipal corporation of o the State of Washington, hereinafter referred to as the "District" 3 and HUNTINGTON PARK BUILDERS, INC., P.O. BOX M09, DES MOINES, WA 98198, hereinafter referred to as "Developer". WITNESSETH: WHEREAS, the District operates and maintains sanitary sewer and water distribution systems within its boundaries which can serve property of Developer, and WHEREAS, Developer desires to construct certain sewer and water mains and appurtenances at its own cost to serve Developer's property, for delivery to and operation by the District, WHEREAS, the parties have previously entered into an agreement concerning the calculation and payment of certain charges due upon connection, and i NOW, THEREFORE, IT IS HEREBY AGREED that: I 1. The land for which domestic sewer and water service is requested and to which this Agreement applies, is realty in King County, Washington, legally described in Exhibit "A", attached hereto and by this reference incorporated herein. By executing this agreement. Developer represents and warrants that it is the owner of record of the above -described property. If such representation of ownership is invalid, this Agreement shall be void. Developer agrees that the District may require Developer to furnish a title report for the property at Developer's expense. 2. At the time the Developer executes and delivers this signed Agreement to the district, the Developer shall pay all associated charges as set forth in Resolution No. 95-793, or any subsequent amendment thereto, which changes are more specifically described as follows: WATER SEWER Section B - AJ-2: Developer Extension Charge - deposit against the District's administrative, inspection, engineering, legal and other costs, including the cost of main cleaning prior to accept- ance, associated with the extension of water facilities_ S 6,317.50 S 4,552-00 (See subsections a & b below.) Page 1 3 M WATER SEWER section C - NJ-3: Latecomers Admini- strative Fee to cover the District administrative cost for Latecomer pay- S 00 S 240.00 back associated cost. Section E: Right-of-way construction to cover District's cost associated in the Right-of-way Construction Permit for city, county, andior state permit. S_ 260.00 S 260,00 Total: S 6.577.50 S 5 05..00 3. These amounts shall be paid to the District, prior to the District's execution of the agreement, as a deposit against actual expenses, including all bacteriological testing and sampling. The district shall determine, an a monthly basis, its actual costs associated with the project and shall submit to Aeveloper, if and at such time as its expenses exceed the deposit herein, a request to increase said deposit by such additional amounts as are due to repay the District for actual costs in excess of the amount previously collected plus an amount to increase said deposit to the next five hundred dollar 1$500) inczement. Payment shall be made within thirty days of the date of the letter requesting same. in the event that the deposit exceeds the District's actual expenses. the District shall issue to the Developer, at project closing, a refund of such unused amounts. d' � b. The Developer Extension Charge deposit includes the expense of 0� the District's review of preliminary plans, which review shall f+l not in any way be deemed an approval of plans for construction 1G' purposes. +fig 3, In the event this Agreement is not executed and returned. alon60 date with the above- of transmittals of rencsame too chrhe Developerx t he which data of transmittal is March 7, 1996 the Agreement shall be void and a new Developer Extension Application, along with application fee, will be required. 4. In the event work and construction described herein is not commenced within six (6) months from the date plans and specifications have been approved, this Agreement shall be void and of no force or effect whatsoever. In the event that work has commenced within the time period specified 30. l9hgerein, construction shall be completed on or before Au construction is not completed by such date, this Agreement shall be void and of no force or effect whatsoever. It is agreed by the parties that time is of the essence in all matters relating to the performance of this Agreement. 5. The District's engineers shall review final plans and specifications for sewer and water main construction to be performed by the Developer under this Agreement. If preliminary plans are oat deemed acceptable by the District, Developer shall be obligated to revise the plans and specifications in accordance with design standards deemed acceptable by the District. After Developer has been notified in writing by the District that final plans and specifications have been approved, Developer and Developer's contractor shall meet with District representatives for a pre -construction conference before: construction is commenced. The Developer shall submit mylar originals and duplicate reproducible mylar originals prior to the preconstructicn conference. 6. Developer agrees that it shall be responsible for providing to the District accurate and reliable information concerning the actual location of the facilities constructed. In Page 2 furtherance of this obligation. Developer shall procure from its design engineer, or such other licensed engineer or surveyor that will be consulting on the construction { phase of the project, a written statement, which shall be submitted to the District prior to the preconstruction conference, warranting and guaranteeing that accurate data will be collected during construction of the facilities to enable the engineer to submit actual and reliable "as -built" locations to the District. At the conclusion of construction and prior to and as a condition of acceptance, the engineer shall deliver to the District its certification that it has made periodic field investigations and measurements during construction and that the "as -built" drawings submitted to the District are accurate and reliable. The District shall have the right to approve any change in the consulting engineer or surveyor during the project and Developer agrees that the District may refuse any change in the consulting engineer or surveyor or may condition the same on resubmittal of trig warranty of location described above. No approval of any new engineer or surveyor shall be unreasonably withheld by the District. 7. In addition to all amounts payable by the Developer, as set forth herein" the Developer shall pay, prior to the preconstruction conference, the sum of $2,760.11 as and for a charge in lieu of assessment for water facilities previously constructed which provide direct benefit to Developer's property, or a portion of Caveloper's property, and for which District funds were used to fund or partially fund the construction, pursuant to and in accordance with District Resolution No. 95-793, Section S, and any subsequent amendments thereto. 8. In addition to all amounts payable by the Developer. as set forth herein, the Developer shall pay, prior to the Cwl preconstruction conference, the sum of 54,998.67 as and for a d; latecomers charge for sewer facilities previously constructed which provide direct benefit to Developer's property, or a portion of Developer's property. pursuant to and in accordance with District Resolution Ya. 95-793, section S. and any subsequent d amendments thereto. 9. The District will make application for the City of Federal Way 'Right-of-way Construction Permit'. Developer acknowledges familiarity with the provisions of such Right-of-way Construction Permit and agrees that it or its contractor s failure to comply with any of the provisions of the permit shall entitle the District, in addition to the right to enforce any other remedy available to the City of Federal Way as the permitting party, to immediately stop all construction activity on the right-of-way until the violation or violations have been eliminated and corrected to the satisfaction of the District and the District should not be held liable for any damages, either direct or indirect, for the delay and expense of such work stoppage. Developer shall procure all other state, county and city licenses or permits. 10. In the event an easement is required over realty other than realty described in Paragraph No. 1 herein, such easement, in form acceptable to the District, together With title report or other sufficient proof of ownership of such realty, shall be delivered to the District prior to the preconstruction conference. Developer shall be obligated to obtain a written release from any property owner across whose property construction is performed pursuant to the grant of an easement, sufficient to indicate that the site restoration on the easement is satisfactory and complete. 11. Prior to the preconstruction conference. Developer shall deliver to the District a restoration performance bond in the sum ■ of S7.000.00, conditioned that Developer will restore to the satisfaction of the District, and state, county. and city agencies Page 3 Furtherance of this obligation, Developer shall procure from its design engineer, , or such other licensed engineer or surveyor that will be consulting on the construction phase of the project, a written statement, which shall be submitted to the District prior to the preconstruction conference, warranting and guaranteeing that accurate data will be collected during construction of the facilities to enable the engineer to submit actual and reliable "as -built" locations to the District. At the conclusion of construction and prior to and as a condition of acceptance, the engineer shall deliver to the District its certification that it has made periodic field investigations and measurements during construction and that the 'as -built" drawings submitted to the District are accurate and reliable. The District shall have the right to approve any change in the consulting engineer or surveyor during the project and Developer agrees that the District may refuse any change in the consulting engineer or surveyor or may condition the same on resubmittal of the warranty of location described above. No approval of any new engineer or surveyor shall be unreasonably withheld by the District. 7, in addition to ail amounts payable by the Developer, as set forth herein, the Developer shall, pay, prior to the preconstruction conference:, the sum of S2,760.11 as and for a facilities charge in lieu of assessment for water previously constructed which provide direct benefit to Developer's property, or a portion of Developer's property, and for which District funds ;S were used to fund or partially fund the construction, pursuant to and in accordance{ with District Resolution No. 95-793, Section S, 4 and any subsequent amendments thereto. 9. in addition to all amounts payable by the Developer, as + IT set forth herein, the Developer shall pay, prior to the i M preconstruction conference, the sum of 54,993.67 as and for a , latecomers charge for sewer facilities previously constructed rl which provide direct benefit to Developer's property, or a portion go of Developer's property, pursuant to and in accordance with District Resolution No. 95-793, Section S, and any subsequent a, ol amendments thereto. W 9. The District will make application for the city of Federal way Right-of-way Construction Permit'. Developer acknowledges Eamiiiarity with the provisions of such Ri�ht-of-way a f Construction Permit and agrees that it or its contractor a failure to comply with any of the provisions of the permit shall entitle f the District, in addition to the right to enforce any other remedy ; available to the City of Federal Way as the permitting party, to immediately stop all construction activity on the right-of-way until the violation or violations have been eliminated and corrected to the satisfaction of the District and the District should not be held liable for any damages, either direct or indirect, for the delay and expense of such work stoppage. Developer shall procure all other state, county and city licenses or permits. 10. In the event an easement is required over realty other than realty described in Paragraph No. 1 herein, such easement, in form acceptable to the District, together with title report or other sufficient proof of ownership of such realty, shall be delivered to the District prior to the preconstruction conference. Developer shall be obligated to obtain a written release from any property owner across whose property construction is performed pursuant to the grant of an easement, sufficient to indicate that the site restoration on the easement is satisfactory and complete, 11. Prior to the preconstruction conference, Developer shall deliver to the District a restoration performance bond in the sum of S7,000.00, conditioned that Developer will restore to the satisfaction of the District, and state, county, and city agencies Page 3 S � - •I �i an a as applicable, all work to be performed hereunder in public rights - of -way and District easements. Form and contents of bond shall be determined by the District. c_ ' 12. Construction shall be performed in accordance with ❑istrict approved plans and specifications and only under the supervision of workers or craftsmen experienced in the installation of sewer and water mains and the related work. 13. 8y execution of this Agreement, the District does not guarantee sanitary sewer service will be provided to realty described herein. In the event that any District Facilities, such as lift stations, treatment plants and sewer trunk lines, become utilized beyond their design or approved capacity or become inoperable for any cause, the District reserves the right to refuse y any connections which would use such facility until remedial action has been completed, and the District shall not be liable for any direct or consequential damages which occur to Developer arising out of such District refusal to connect or time delay necessary to take remedial action. 14. The Developer and its agents agree to indemnify and hold the District harmless from any and all claims which may be assessed against the ❑istrict as a result of the construction or maintenance of the work described in this Agreement prior to acceptance by the District. The Developer shall maintain in full force and effect during the construction period, liability insurance in the minimum amounts as follows: sodily in ury liability coverage with 11mits of not less than 5500,000.�0 for bodily injury, including accidental death to any one person, and subject to that limit for 0-0 each person, in an amount of not leas than 51,000,000.00 for each accident: and property damage coverage In an amount not less than S1,000,000.00 for each accident. A certificate of insurance shall 94 be provided, prior to the preconstructiern conference, stating the X amounts of the coverage and the inclusion of the District as an O additional insured. 'Fen days written notice shall be given to the District for cancelLatlon or expiration of this insurance. O 47 15. Developer shall notify the district the date work and C: construction described in this Agreement will commence, and said notice shall be given riot less than 72 houra (not including Saturday, Sunday, or national holldays) prior to such date. No i sewer or water facility shall be covered prior to inspection. After work is commenced, it shall vigorously, consistently, and in a first-class workmanlike manne.- be carried to completion. Developer shall maintain at the constz'uctien area at all times during construction, a representative to whom District notices may be given regarding construction. Said representative shall be desiggnated in writing by the Developer before start of work. Developer may request inspections during construction upon two (2) days notice to the District. 14. Testing of sewer and water facilities shall be performed as required by the District and only after satisfactory tests have been completed and witnessed by the District's designated agent, will the work be accepted. Developer agrees that at such time as the District has performed inspection of the sewer and water connections and has delivered itemized punch lists to Developer and/or Developer's contractor, that the project will be pursued to final completion, including the performance of all necessary site restoration. 17. upon completion of construction, Developer or contractor shall deliver to the District a band in the amount of ten percent (10t} of construction costs or $5,000.00, whichever is greater, that a reliable contractor will make and pey for repairs necessary within one [1) year from the date of acceptance of said construction, arising from faulty labor or material. Form of bond is to be approved by attorney for the District_ Developer shall also deliver Bills of Sala for sewer and water mains And Paqe 4 i • L'1-L] _. appurtenances installed and constructed pursuant to this Agreement, together with permanent easements for their location in a form acceptable to the District. 19. upon completion of construction. Developer shall submit for acceptance and approval to the District a statement of monies and/or other accounting of monies expended to perform construction described herein, together with such other engineering records and data as may be required by the District. 19. in the event Developer requests and the District provides water meters for the realty described herein, prior to District's acceptance of work, Developer agrees to be solely responsible for any loss or damage to such water meters or their installation. which occurs prior to said acceptance of work by the District. 20. Work and construction performed under this Agreement shall not be connected to the District's sewer and/or water systems until all provisions and requirements of this Agreement and District Resolutions, an the part of the Developer, have been fully complied with. 21. The District and Developer agree that in carrying out the terms of this contract, the Developer shall be acting as an independent contractor and in no respect shall Developer be deemed an agent of Lakehaven Utility District. 22. Developer shall not assign this contract without the written consent of the District. 23. The District shall provide sanitary sewer service following the District's acceptance of the sanitary sewer system for operation and maintenance and upon payment of the Connection charges as set forth and in accordance with the "Agreement for C7 Payment of Connection Charges", attached hereto as Exhibit JI' and W4 incorporated by this reference as if fully set forth herein, and 6M District Resolution No. 95-793. Said connection charges shall consist of the Capital Facilities Charge (CFC), Side Sewer Permit 41 Fee and any other such charges to be levied in accordance with said ^J District Resolution No. 95-793 or amendments thereto or any other * applicable District Resolution at time service is requested, except * as may be expressly limited by the `Agreement for Payment of Connection Charges" referenced above. 24. The District shall provide water service following the District's acceptance of the water distribution system for operation and maintenance and upon payment of the connection charges as set forth and in accordance with the "Agreement for Payment of Connection Charges", referenced in paragraph twenty-one (21) above, and District Resolution No. 95-793. Said connection charges shall consist of the Capital Facilities Charge (CFC), Hater Installation Charge and any other such charges levied in accordance with said District Resolution No. 95-793 or amendments thereto or any other applicable District Resolution at time service is requested, except as may be expressly limited by the "Agreement for payment of Connection Charges". 25. Partial waiver or waiver by acquiescence by the District of any provision or condition of this Agreement shall not be a waiver of any other provision or condition of this Agreement. 26. This Agreement shall constitute an easement and servitude upon the property described herein and shall be binding upon the heirs, assigns and successors in interest to the Developer, This Agreement shall constitute an equitable lien against property described herein and in the event of nonperformance by Developer, — as stated herein, the District may foreclose said lien in the manner authorized by law. s Page 5 27. This writing constitutes the full and Only agreement between the parties, there being no promises, agreements Or understandings, written or oral, except as herein set forth, or as hereinafter may be amended in writing. 28. Upon execution of this Agreement, the parties agree in the event either of them is required to enforce any provision or Provisions of this Agreement against the other, that the prevailing party shall be entitled, in addition to all other amounts to which it is otherwise entitled by this Agreement, to its actual attorney's fees and costs, including those incurred on appeal. WITNESS our hands and seals. HUNTINGTON PARK BUILDERS, INC. By i Its Date: A STRTE Or WASHINGTON ] } as: County of King ] LAKEHAVEN UTILITY DISTRICT King County, Washington ger,n6fit6mer Services Dept. Dated: I certify that I know or have satisfactory evidence that signed this instrument, on oath stated that �p - was authorized to execute the instrument and ar-cnowledged it as the presidenr of HUNTINGTON PARK BUILDERS, INC., to ba the free and voluntary act of such party for the uses and purposes mentioned in tha instrument. DATED: 3/7/95 residing-Ln Federa uav +A �. Title My appointment expires 5122/99 r - ti EXHIBIT "A" Village Green of Federal Way Phase I Legal Description Lot 1 of Boundary Line Adjustment No. 8LAg5-0002, am 9510239002. That portion of the South half of the Northeast quarter of the ,Northeast quarter of the Northeast quarter; AND the Southeast quarter of the Northeast quarter of the Northeast quarter of section 30, Township 21 North. Range 4 East, W.M., lying North of a line beginning at a point on the centerline of lot Avenue South, � I which hears S 01*28,56' W, 901.17 feet distant from the Northeast corner of said Section 30; THENCE N 88131'04" W, 220.00 feet: THENCE N 59.221244 W, 500.42 feat to the East line of the Northeast quarter of the Northeast quarter of the Northeast quarter of said l7 Section 30. and the terminus of said line. C9 I, EXCEPT the East thirty (30) feet for lst Avenue South. 14 CSituate in the City of Federal Way, King County, Washington. l � U ._ Exhibit 'B' DUPLICATE CRIMAL AGREEMENT FOR PAYMENT OF COFnCTIO)i_CRMCES THIS AGREEMENT, entered into in duplicate between the LAEEHAVEN UTILITY DISTRICT, Ring County, a municipal corporation of the State of Washington, hereinafter referred to as the "District" and Huntington Park Builders, Inc., hereinafter referred to as "Developer". WITNESSETH: WHEREAS, the District operates and maintains sanitary sewer and water distribution systems within its boundaries which can serve property of Developer, and WHEREAS, Developer desires to construct certain sewer and GO water mains and appurtenances at its own cost to serve such O e?' property, as legally described herein, which facilities shall be O CD conveyed to the District and thereafter be maintained as a part of Q; the public system, and WHEREAS, due to the unique nature of the development, the District lacks a reliable method with which to estimate the amount of demand that the property will place on the sewer and water systems, as such estimate is necessary to calculate the appropriate connection charges which will be due at the time of connection, and WHEREAS, the parties having discussed a methodology for establishing the connection charges owing for the property and deeming such methodology, as set forth below, to be mutually benef icial: HOW, TSEREPORE, IT IB HEREBY AGREED that: Page 1 A 0 M 1. PROPERTY DUPLICATE ORIGINAL The property (hereinafter "'Property") for which water and sever service is sought by Developer and which shall be subject to this agreement is as legally described on Exhibit W1 , attached hereto and by this reference incorporated herein. The parties agree that this agreement is not a contract to provide service to the Property and that actual service shall be obtained by Developer pursuant to the terms of a developer extension agreement, the -esponsibility to apply for which rests with Developer. in order that the terms of any such developer extension agreement and this Agreement shall be consistent, the parties agree that the terms and conditions herein shall be incorporated into the developer extension agreement. 2. CAPITAL FACILITY.CXAX The parties acknowledge that Developer intends to construct and maintain a commercial housing and activities facility for senior citizens on the Property and intends to connect such facilities to the sanitary sewer and domestic water systems. Inasmuch as the District does not maintain a use classification for the type of co=ercial facility contemplated by Developer under its Mcurrent system of allocation of capital Facility Charges (CFI's) for connection to the water and server systems, it is hereby agreed that such charges shall initially be based on an estimation of the demand which would be placed on the respective systems from the described use, as such demand estimation is set forth below, which shall be adjusted, as further set forth below, to reflect any CC increase in the actual use based upon a designated period of T, monitoring of water consumption on the properties. having reviewed the proposed usage the parties hereby agree that Developer shall pay, in full, at, or prior to, the time of connection, separate CFC's for connection to the water and sewer systems, at the then current rate, of twenty-one hundredths (.21) of an Equivalent Residential Unit (ERU) for each separate housing unit located on the property, Commencing eighteen months following the date upon any commercial structure situated on the property shall have received a "certificate of Occupancy", or like authorization, from the City of Federal Way, therein permitting the occupancy of any such structure, the parties agree that the District shall begin 1 monitoring water consumption for a period of twelve (12) months thereafter to determine the actual demand on the water and sewer systems based on the ERU consumption standards identified in the District's then current Fees and Charges Resolution. Developer agrees to provide the District with the initial certificate or other evidence of authorization for occupancy referenced above within twenty (20) days of receipt of same and thereafter will provide the District with reliable information regarding actual occupancy so that consumption can be rated at full occupancy. should the consumption information indicate that the facility is consuming water at a rate greater than originally allocated (i.e. .21 ERU) the District shall adjust the ERV calculation to reflect actual use and Developer shall remit the additional :.,. azount, Page 2 t' 7 i DUPLICATE ORIGINAL including interest at fit per annum from the date of connection to the system to the date of payment, within thirty days of written notice that payment is due. Should the consumption information indicate that the facility is consuming water at a lesser rate than originally allocated (i.e. ,21_ERQ) the District shall adjust the FRU calculation to reflect actual use and the District shall remit -he CFC overpayment based thereon, including interest at 6t per annum from the date of connection to the system to the date of payment, within thirty days of determination that the same is due. Furthermore, Developer agrees that should the property be utilized in any manner other than as described herein, the District shall retain the right to collect additional CFC charges commensurate with any corresponding increase in demand on either or both of the water and sewer systems. a. PRBPAYHEU In recognition that the improvements to be constructed an the property by Developer will be developed in a phased manner, Developer shall be entitled to pay, at any time, for as many units of CFC as it shall desire, provided, however, that should prepayment occur prior to the conclusion of the monitoring analysis described in section one above, any additional CFC units so acquired shall also be subject to adjustment as provided for in section one (1). a. LATgCflMZR CRARGE The parties acknowledge that a latecomer charge is owing for Pump O Station No. ]7, pursuant to the reimbursement provision found in the emerald Forest Developer Extension Agreement, the terms of which Developer represents it has reviewed and acknowledges familiarity with. The District agrees that Developer shall contribute to the Pump Station using the ERU rate and monitoring system: established in section one (1) above. Accordingly, upon connection, Developer shall pay a latecomer charge based upon the .21 ERU gate established in section one (1) and shall, in like manner, be responsible for any additional amounts thereafter based upon the results of monitoring. Due to the unlikelihood of a significant reduction in the ERU base rate and the relative difficulty in procuring a refund from the recipient of the Latecomer reimbursement, the parties agree that Developer shall not be entitled to a refund of the latecomer charge should the monitoring reveal a lover consumption than anticipated. In the event that the party entitled to the reimbursement thereunder shall challenge the District over the allocation herein, Developer agrees to indemnify, defend and hold harmless the District from any such claim and pay any judgment which may be taken against the District with respect to the same, provided that the District shall have tendered notice of any claim related to such allocation, and supporting docuxentation related thereto, in a time and manner which shall not prejudice Developer's defense thereof. S. a:i VGRA •rC14 1 CV•* r"V%" Page L.__ DUPLICATE ORIGINAL This writing constitutes the full and only agreement between the parties, there being no promises, agreements or understandings, written or oral, except as herein set forth, or as hereinafter may be amended in writing and, further, shall constitute a full and complete settlement of any and all claims which may exist or potentially exist concerning the ❑istrict's connection charges, whether known or unknown at present. s. nasz�rrx� Developer shall not assign this contract without the written consent of the District. ZMEMPTU-4-il Partial waiver or waiver by acquiescence by the District of any provision or condition of this Agreement shall not be a waiver of any other provision or condition of this Agreement. This Agreement shall constitutte an easement and servitude upon the property described herein and shall be binding upon the heirs, assigns and successors in interest to the Developer. This Agreement shall constitutes an equitable lien against property described herein and in the event of nonperformance by Developer, as staffed herein, the District may foreclose said lien in the manner authorized by law. Upon execution of this Agreement, the parries agree in the event either of them is required to enforce any provision ar provisions of this Agreement against the other, that the prevailing party shall be entitled, in addition to all other amounts to which it is otherwise entitled by this Agreement, to its reasonable attorney's fees and costs, including those incurred ❑n appeal. wITNESS our hands and seals. Date: 1/8/96 LAKMVEN UTILITY DISTRICT King County, Washington ��u�k.. �nr,u►.6�t Dated: 3 A:\POWELL.AGR January 10, 1996 d1m Page 0 .J DUPLICATE QRIG NAL BTATE O8 WROU'NOTON sae county of Xing ve satisfactory avidenOe that I certify that I know or ha signed this instrument, ant and was ath authorized to execute the instr �d stated that 3e--� + to hs the frea and acknowledged it as the u Dees mentioned in Huatin ton Park Builders Inc •for the uses acid p rV voluntary act of such party the instruzent- DATED: 318l96 �:-•�+� 1 • in Federal Wa Title Notary My appointment expires 5/2 2/99 t DUPLICATE ORIGMAL EXHIBIT "A" TO AGREEMENT FOR PAYMENT OF CONNECTION CHARGES VILLAGE GREEN OF FEDERAL WAY LEGAL DESCRIPTION Lots 1 and 2 of Boundary Line Adjustment No. SLASS-0002 as recorded under King County Auditor's File No. 9510239002. That portion of the South half of the Northeast quarter of the Northeast quarter of the Northeast quarter; AND the Southeast quarter of the Northeast quarter of the Northeast quarter of Section 30. Township 21 North, Range 4 East. W.H.; EXCEPT that portion conveyed to King County for Southwest 356th Street by deed recorded under Recording No. 698903; AND EXCEPT the p„r East thirty (30) feet for 1st Avenue South; jEXCEPT the following portions of the above described property, all as condemned for street: purposes in King County Superior Court O Cause No. 89-2-25115-9, being described as follows: The southerly twelve (12) feet; The northerly 255 feet of the southerly 267 feet of the easterly twelve (12) feet; A fillet area lying southeasterly of a circular curve having a radius of 25 feet concave to the Northwest, said curve being tangent to a line 52 feet northerly of and parallel with the centerline of Southwest 356th Street, as surveyed under King County Road Survey No. 25-21-3-7A and tangent to a line 42 feet westerly of and parallel with the centerline of 1st Avenue South; The westerly thirty (30) feet of the northerly 158 feet of the southerly 170 feet; A fillet area lying southwesterly of the arc of a circular curve of radius 25 feet concave to the Northeast, said arc being tangent to a line 42 feet northerly of and parallel with the Centerline of Southwest 356th Street, as surveyed under King County Road Survey No. 25-21-3-7A, and tangent to a line thirty (30) feet easterly of and parallel with the centerline of 2nd Avenue Southwest. Situated in the City of Federal Way, King County, Washington. e LH CUPtt= 0o1811N�I� ��Fr +QED 7aim •=ea 4311.z 7 S3 � 83 AqV/ APR 8 1996 vyr a 7 5.5 c 93 WV/ z l <p.L. ..uuN v b� ` aE�IIgGEi� 9 7S THIS AGREEKM, entered into in duplicate between the S LALK AdBN UTILITY DISTRICT, King County, a municipal corporation of A the State of Washington, hereinafter referred to as the "District" 4 and Huntington park Builders, Inc., hereinafter referred to as "Developer". WITNESSETH: 3i WHEREAS, the District operates and maintains sanitary sewer and water distribution systems within its boundaries which can a serve property of Developer, and WHEREAS, Developer desires to construct certain sewer and Tj water mains and appurtenances at its own cost to serve such property, as legally described herein, which facilities shall be conveyed to the District and thereafter be maintained as a part of O the public system, and WHEREAS, due to the unique nature of the development, the District lacks a reliable method with which to estimate the amount of demand that the property will place on the sewer and water systems, as such estimate is necessary to calculate the appropriate connection charges which will be due at the time of connection, and i WHEREAS, the parties having discussed a methodology for establishing the connection charges owing for the property and deeming such methodology, as set forth below, to be mutually beneficial: HOW, THEREFORE, IT IS REREHY AGREED that: Page I t VILLAGE GREEN + (Phase i -Agt. No. 96-341) � i E7 a 0 DUPLICATE ORIGINAL The property (hereinafter "Property") for which water and sewer service is sought by Developer and which shall be subject to this Agreement is as legally described on Exhibit "A", attached hereto and by this reference incorporated herein. The parties agree that this Agreement is not a contract to provide service to the Property and that actual service shall be obtained by Developer pursuant to the terms of a developer extension agreement, the responsibility to apply for which rests with Developer. In order that the terms of any such developer extension agreement and this Agreement shall be consistent, the parties agree that the terms and conditions herein shall be incorporated into the developer extension agreement. The parties acknowledge that Developer intends to construct and maintain a commercial housing and activities facility for senior citizens on the Property and intends to connect such facilities to the sanitary sewer and domestic water systems. Inasmuch as the District does not maintain a use classification for the type of commercial facility contemplated by Developer under its current system of allocation of Capital Facility Charges (CFC's) j for connection to the water and sewer systems, it is hereby agreed 0 j{ that such charges shall initially be based on an estimation of the demand which would be placed on the respective systems from the described use, as such demand estimation is set forth below, which shall be adjusted, as further set forth below, to reflect any Zincrease in the actual use based upon a designated period of monitoring of water consumption on the properties. Having reviewed C) the proposed usage the parties hereby agree that Developer shall pay, in full, at, or prior to, the time of connection, separate r1 CFC's for connection to the water and sewer systems, at the then a current rate, of twenty-one hundredths (.21) of an Equivalent Residential Unit (ERU) for each separate housing unit located on the property. Commencing eighteen months following the date upon .4 any commercial structure situated on the property shall have received a "Certificate of ❑ccupancy", or like authorization, from the City of Federal Way, therein permitting the occupancy of any such structure, the parties agree that the District shall begin monitoring water consumption for a period of twelve (12) months thereafter to determine the actual demand on the water and sewer systems based on the ERU consumption standards identified in the District's then current Fees and Charges Resolution. Developer agrees to provide the District with the initial certificate or other evidence of authorization for occupancy referenced above within twenty (20) days of receipt of same and thereafter will provide the District with reliable information regarding actual occupancy so that consumption can be rated at full occupancy. Should the consumption information indicate that the facility is consuming water at a rate greater than originally allocated (i.e. -21 ERt7) the District shall adjust the ERU calculation to reflect actual use and Developer small remit the additional CFC amount, Page 2 ;I IM F-I OUPLICATE ORIGINU including interest at 6% per annum from the date of connection to the system to the date of payment, within thirty days of written notice that payment is due. Should the consumption information indicate that the facility is consuming water at a lesser rate than originally allocated (i.e. .21 12U the District shall adjust the 8RU calculation to reflect actual use and the District shall remit the CFC overpayment based thereon, including interest at 6% per annum from the date of connection to the system to the date of payment, within thirty days of determination that the same is due. Furthermore, Developer agrees that should the property be utilized in any manner other than as described herein, the District shall retain the right to collect additional CFC charges commensurate with any corresponding increase in demand on either or both of the water and sewer systems. 3. In recognition that the improvements to be constructed on the property by Developer will be developed in a phased manner, Developer shall be entitled to pay, at any time, for as many units of CFC as it shall desire; provided, however. that should prepayment occur prior to the conclusion of the monitoring analysis described in section one above, arty additional CFC units so acquired shall also be subject to adjustment as provided for in section one (1). 4. LATECOMM CW-9 The parties acknowledge that a latecomer charge is owing for Pump Station No. 37, pursuant to the reimbursement provision found in O the Emerald Forest Developer Extension Agreement, the terms of er which Developer represents it has reviewed and acknowledges O familiarity with. The District agrees that Developer shall c0 contribute to the Pump Station using the ERU rate and monitoring system established in section one (L) above. Accordingly, upon connection. Developer shall pay a latecomer charge based upon the .21 ERU rate established in section one (1) and shall, in like manner, be responsible for any additional amounts thereafter based upon the results of monitoring. Due to the unlikelihood of a significant reduction in the ERU base rate and the relative difficulty in procuring a refund from the recipient of the Latecomer reimbursement, the parties agree that Developer shall not be entitled to a refund of the latecomer charge should the monitoring reveal a lower consumption than anticipated. In the event that the party entitled to the reimbursement thereunder shall challenge the District over the allocation herein, Developer agrees to indemnify, defend and hold harmless the District from any su6b claim and pay any judgment which may be taken against the District with respect to the same, provided that the District shall have tendered notice of any claim related to such allocation, and supporting documentation related thereto, in a time and manner which shall not prejudice Developer's defense thereof. S. INTEGRATION MD 0 Fag* 3 a"j L so a DUPLICATE ORIGINAL This writing constitutes the full and only agreement between the parties, there being no promises, agreements or understandings, written or oral, except as herein set forth, or as hersinafter may be amended in writing and, further, shall constitute a full and completa settlement of any and all claims which may exist or potentially exist concerning the ]District's connection charges, whether known or unknown at present. 'iCr. 4�Y Developer shall not assign this contract without the written consent of the District. ZROMFiTy-747 Partial waiver or waiver by acquiescence by the District of any provision or -condition of this Agreement shall not be a waiver of any other provision or condition of this Agreement. a. km This Agreement shall constitute an easement and servitude upon the property described herein and shall be binding upon the heirs, assigns and successors in interest to the Developer. This Agreement shall constitute an equitable lien against property described herein and in the event of nonperformance by Developer, as stated herein, the District may foreclose said lien in the manner authorized by law. Upon execution of this Agreement, the parties agree in the event either of them is required to enforce any provision or provisions of this Agreement against the other, that the prevailing party shall be entitled, in addition to all other amounts to which it is otherwise entitled by this Agreement, to its reasonable attorney's foes and costs, including those incurred on appeal. WITSMS our hands and seals. 6y Its Date: 31F/96 LAKERAVER UTILITY DISTRICT King County, {Washington GF_L4ULLL► en�u�Erc Dated: s %rr/4s A:\POKEI.L.AGR January 10, 1996 dlm i Page 4 • DUPLICATE ORIGINAL STATE OP WASHINGTON 1 ) •ol Conntp of Xing ) I certify that I knew or have satisfactory evidence that Mon Far:eil signed this instrument, on oath stated that _)p was authorized to execute the instrument and acknowledged it as the Prgtdenr of Huntington Park Builders, inc. to he the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED: 3/8/96 in Federal Ida++ WA Title Notary My appointment expires 5/22199 41 Qi q4 CC 71 DUPLICATE ORIGINAL MMIBIT "A" TO AGREEMENT FOR PAYMENT OF CONNECTION CHARGES VILLAGE GREEN OF FEDERAL WAY LEGAL DESCRIPTION Lots 1 and 2 of Boundary Line Adjustment No. BLA95-0002 as recorded under King County Auditor's File No. 9510239002. That portion of the South half of the Northeast quarter of the Northeast quarter of the Northeast quarter; AND the Southeast quarter of the Northeast quarter of the Northeast quarter of Section 30, Township 21 North. Range 4 East, W.M.; EXCEPT that portion conveyed to King County for Southwest 356th Street by deed recorded under Recording No. 698903; AND EXCEPT the East thirty (30) feet for 1st Avenue South; EXCEPT the following portions of the above described property, all as condemned for street purposes in King County Superior Court Cause No. 89-2-25115-9, being described as follows: The southerly twelve (12) feet; The northerly 255 feet of the southerly 267 feet of the easterly twelve (12) feet; A :i-let area lying southeasterly of a circular curve having a radius of 25 feet concave to the Northwest, said curve being tangent to a line 52 feet northerly of and parallel with the' centerline of Southwest 3S6th Street, as surveyed under King County Road Survey No. 25-21-3-7A and tangent to a line 42 feet westerly of and parallel with the centerline of 1st Avenue South; The westerly thirty (30) feet of the northerly 158 feet of the sout&--rly 170 feet; A fillet area lying southwesterly of the arc of a circular curve of radius 25 feet concave to the Northeast, said arc being tangent to a line 42 feet northerly of and parallel with the centerline of Southwest 356th Street, as surveyed Under King County Road Survey No. 25-21-3-7A, and tangent to a line thirty (30) feet easterly of and parallel with the centerline of 2nd Avenue Southwest. Situated in the City of Federal Way, King County, Washington. .3 1 1 I i LLI W i NON-ExcLUSIEVE EASEMENT AGREEMENT Y TfUS AGREEMENT, made and entered into this 30th day of August, 1996, by and 1 between Village Green of Federal Way, A Retirement Community, LLC, (Grantor) and Part Western Land Company, Inc., a Washington corporation (Grantee), is made with reference to the following facts. A. Grantor is the owner of the real property known as Lot 1 and described in Exhibit A attached hereto and incorporated herein by reference. r B. Grantee is the owner of the real property known as Lot 2 and described in Exhibit B attached hereto and incorporated herein by reference. a C. Grantee has sold Lot 1 to Grantor under the terms of a Real Estate Purchase and Sale Agreement dated August 30, 1996, and in connection with such sale, the parties have agreed to establish certain easements for ingress and egress and for the installation of utility services, over, across and under a portion of Grantor's property, NOW THEREFORE, the parties agree as follows: 1. tignt of men . �irantvr grarrts to Grantee a non-exclusive perpetual easement on Lot l for the benefit of Lot 2 owned by Grantee, for ingress and +egress to such adjacent property, and for the service to and use by such adjacent property of sewer, water, drainage, storm water detention, electric, gas, telephone, television, cable, and other utility facilities. The easement granted hereunder shall be at the locations provided and in the dimensions prescribed in puns for a residential construction project to be developed by Grantor on Lot 1 as approved by the City of Federal Way, Washington- The reserved easement shall run with the land and shall inure to the benefit and use of Lot 2, the Grantee's successors, heirs and assigns, as well as to the benefit and use of the Grantor, its successors, heirs and assigns, and for the benefit of owners of property served by the easement, or for each authority, commission, corporation, municipality or other agency supplying facilities or providing utility service. 2. Installation and Minten 1 of �. In connection with that portion of the easement for purposes of ingress and egress described above it is agreed between the Grantor and the Grantee and their respective successors, heirs and assigns that the Grantor shall be solely responsible for the initial installation, construction and inspection costs of the access road created on Lot 1, including installation, construction and inspection costs of that portion of the access road on Lot 1 which leads up to the boundary line of Lot 1 with Lot 2. The Grantee and its successors, heirs and assigns shall bear the costs of installation, construction, reconstruction, relocation, removal, maintenance, repair, operation and inspection of any access roads which begin at the Lot 1 boundary and continue within Lot 2. After initial construction and installation of the access road, the Grantor and the Grantee, and their respective successors, heirs and assigns shall mutually share, in proportion to the number of residential units existing on each property, any costs of reconstruction, relocation, removal, maintenance and repair of that portion of the Non -Exclusive Easement Agreement Page 1 V t,U fl v4 CW) access road which, following the most direct path thereto, begins at the initial access to Lot 1 from the street owned by the City of Federal Way and leads to Lot 2. 3, Utiliti. In connection with that portion of the easement for purposes of sewer, water, drainage, storm water detention, electric, gas, telephone, television, cable, and other utility facilities ("Utility Facilities") described above it is understood between the Grantor and the Grantee and their respective successors, heirs and assigns that the Grantor shall be solely responsible for the initial installation construction and inspeiiion costs of all such Utility Facilities installed within Lot 1 including those Utility Facilities which lead from Lot 1 up to the boundary line of Lot 1 and Lot 2. The Grantee and its successors, heirs and assigns shall bear the costs of installation, construction, reconstruction, relocation, removal, maintenance, repair, operation and inspection of any Utility Facilities which begin at Lot I boundary and continue within Lot 2. After initial construction and installation of the Utility Facilities within Lot 1, the Grantor and the Grantee, and their respective successors, heirs and assigns shall mutually share, in proportion to the number of residential units served thereby, any costs of reconstruction, relocation, removal, maintenance and repair of mutually used Utility Facilities that exist within Lot 1. 4. Covenants Runnin wit the-Lmd. This agreement shall be a covenant running with the land and shall be binding upon a parties hereto, their respective heirs, successors and assigns. Dated this 34th day of August, 1996. Grantor: Village Green of Federal Way, A Retirement Community, LLC Grantee, Pan Western Land Company, Inc. By Monte B. Powell By Monte B. Powell, Its Managing Member Its President Non -Exclusive Easement Agreement Page 2 Q M 0 STATE OF WASHNGTON SS. COUNTY OF KING ) on this ,�ft day of August, 1996, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn personally appeared Monte B. Powell, to me known to be the individual that executed the foregoing instrument as his free and Voluntary act and deed for the uses and purposes therein mentioned, and on oath stated that said individual was authorized to execute said instrument. WITNESS my hand and official seal hereto ed the day and year first above written. Signature of Notary SUSAN K BERRY STALE OF XASF KTON NOTARY MKIC llaf OUM90 OM 4-23-" Non -Exclusive Easement Agreement Page 3 5 s%ri M- r3E rr V Printed Name of Notary: NOTARY PUBLIC in and for the State of Washington My appointment expires: EXHIBIT A LEGAL DESCRIP nON OF LOT 1 Lot. 1, City of Federal Way Boundary Adjustment Number BLA 96-0005, as recorded under Recording NuaiW 9607099005, Said Boundary Line Adjustment being a portion of the south half of the northeast quarter of the northeast quarter of the northeast quarter; AND the southeast quarter of the northeast quarter of the northeast quarter of Section 30, Township 21 North, Range 4 East, W.M, lying North of a line beginning at a point on the centerline of 1st Avenue South which bears South 01028'56" West, 901.17 feet distant from the northeast corner of said Section 30; thence North 88°31'04" West 220.00 feet; thence North 63' 12'21" West, 483.49 feet to the west line of the southeast quarter of the northeast quarter of the northeast quarter of Section 30, and the ternvnus of said line; EXCEPT the east 30.00 feet for 1st Avenue South; SITUATE in King County, Washington. Non -Exclusive Easement Agreement Page 4 LEGAL DESCRIPTION OF LOT 2 Lot 2, City of Federal Way Boundary Adjustment Number BLA 96-0005, as recorded under Recording Number 9607099005; Said Boundary Line Adjustment being a portion of the south half of the northeast quarter of the northeast quarter of the northeast quarter; AND the southeast quarter of the northeast quarter of the northeast quarter of Section 30, Township 21 North, Range 4 East., W-M, lying South of a line beginning at a point on the centerline of l st Avenue South which bears South 0 1028'56" West, 901.17 feet distant from the northeast corner of said Section 30; thence North 88°31'04" West 220-00 feet; thence North 63° 12'21" West, 483.48 feet to the west line of the southeast quarter of the northeast quarter of the northeast quarter of Section 30, and the terminus of said line; EXCEPT that portion conveyed to King County for S.W. 356th Street by Deed recorded under recording number 698903, AND EXCEPT the east 30.00 feet for 1st Avenue South; AND EXCEPT the following portions of the above described premises, all as condemned for street purposes in King County Superior Court Cause Number 89-2-25115-9, being described as follows: the southerly 12.00 feet; the northerly 255.00 feet of the southerly 267.00 feet of the easterly 12-00 ' feet; a fillet area lying southeasterly of a circular curve having a radius of 25.00 feet, concave to the northwest, said curve being tangent to a line 42.00 feet northerly of and parallel with and the centerline of S.W. 356th Street, as surveyed under King County Road survey Number 25-21-3-7A and tangent to a lime 42-00 feet westerly of and parallel with the centerline Q of 1st Avenue South; The westerly 30.00 feet of the northerly 158 00 feet of the southerly 170-00 feet: a fillet area lying southwesterly of the arc of a circular curve of CO � radius 25.00 feet concave to the northeast, said arc being tangent to a line 42.00 feet northerly of and parallel with the centerline of S.W. 356th Street; as surveyed under King County Road Survey Number 25-21-3-1A and tangent to aline 30.00 feet easterly of and parallel with the centerline of 2nd Avenue S.W.; SITUATE in King County, Washington. Non -Exclusive Easement Agreement Page 5 21 EXCLUSIVE EASEMENT AGREEMENT �1 j • THIS AGREEMENT, trade and entered into this 30th day of August, 1996, by and between Village Green of Federal Way, A Retirement Conimuni y. LLC, (Grantor) and Pan Western Land Company, Inc., a Washington Corporation (Pan Western), and Monte B. Powell, (Powell), is made with reference to the following facts: A. Grantor is the owner of the real property known as Lot 1 and described in Exhibit A attached hereto and incorporated herein by reference. B. Pan Western has sold Lot I to Grantor under the terms of a Real Estate Purchase and Sale Agreement dated August 30, 1996, and in connection with such sale, the parties have agreed to establish certain easements for ingress and egress and for the installation of utility services, over, across and under a portion of Grantor's property. w4 C. Powell is the majority shareholder of Pan Western. �7 NOW THEREFORE, the parties agree as follows: 1. Grant of Easement. Grantor grants to Pan Western and Powell (collectively, "Grantees'), an exclusive perpetual easement on Lot 1 for the benefit of Grantees, their successors, heirs and assigns, to benefit any property which is adjacent to Lot 1 and which is 414 :1! hereafter acquired by Pan Western or Powell. The purpose of such easement shall be to provide { ingress and egress to any such adjacent property, and for the service to and use by such adjacent �..� property of sewer, water, drainage, storm water detention, electric, gas, telephone, television, cable, and other utility facilities. The easement granted hereunder shall be at the locations provided and in the dimensions prescribed in plans for a residential construction project to be developed by Grantor on Lot 1 as approved by the City of Federal Way, Washington. The reserved easement shall not run with the land but shall be exclusive to Grantees, their successors, heirs and assigns, as well as to the benefit and use of the Grantor. its successors, heirs and assigns, 4 and for the benefit of owners of property served by the easement, or for each authority, r commission, corporation, municipality or other agency supplying facilities or providing utility service. 2. Tnstallatian and Maintenance Off Road_. In connection with that portion of the easement for purposes of ingress and egress described above it is agreed between the Grantor and the Grantee and their respective successors, heirs and assigns that the Grantor shall be solely responsible for the initial installation, construction and inspection costs of the access road created on Lot 1, including installation, construction and inspection costs of that portion of the access road on Lot l which leads up to the boundary line of Lot 1 and any such adjacent property acquired by Grantees. The Grantees and their successors, heirs and assigns shall bear the costs of installation, construction, reconstruction, relocation, removal, maintenance, repair, operation and inspection of any access roads which begin at the Lot 1 boundary and continue within such adjacent property_ After initial construction and installation of the access road, the Grantor and the Grantees, and their, respective successors, heirs and assigns shall mutually share, in proportion Exclusive Easement Agreement Page 1 I to the number of residential units existing on each property, any costs of reconstruction, relocations, removal, maintenance and repair of that portion of the access road which, following the most direct path thereto, begins at the initial access to Lot 1 from the street owned by the City of Federal Way and leads to such adjacent property. 3 _ Utilities Inst tion and Mai anc . In connection with that portion of the easement for purposes of sewer, water, drainage, storm water detention, electric, gas, telephone, television, cable, and other utility facilities ("Utility Facilities") described above it is understood between the Grantor and the Grantee and their respective successors, heirs and assigns that the Grantor shall be solely responsible for the initial installation, construction and inspection costs of all such Utility Facilities installed within Lot 1 including those Utility Facilities which lead from Lot 1 up to the boundary line of Lot 1 and any adjacent property acquired by Grantees. The Grantees and their successors, heirs and assigns shall bear the costs of installation construction, reconstruction, relocation, removal, maintenance, repair, operation and inspection of any Utility Facilities which begin at Lot 1 boundary and continue within their adjacent property. After initial construction and installation of the Utility Facilities within Lot 1, the Grantor and the Grantees, and their respective successors, heirs and assigns shall mutually share, in proportion to the number of residential units served thereby, any costs of reconstruction, relocation, removal, maintenance and repair -of mutually used Utility Facilities that exist within Lot 1. 4. C ve ants Exclusive to Gr t . This agreement shall not be a covenant running with the land, but shall be binding only upon all parties hereto, their respective heirs, successors and assigns. Dated this 30th day of August, 1996. Grantor: Village Green of Federal Way, A Retirement Community, LLC By Monte B. Powell Its Managing Member Exclusive Easement Agreement Page 2 Grantees; Pan Western Land Company, Inc. AMMonny.Powe;1, Its President Monte B. Powell, Individua ly STATE OF WASHINGTON COUNTY OF KING } ss. } �' e On this �tFth day of August, 1996, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn personaily appeared Monte B. Powell, to we known to be the individual that executed the foregoing instrument as his free and voluntary act and deed for the uses and purposes therein mentioned, and on oath stated that said individual was authorized to execute said instrument. WITNESS my hand and official seal hereto edlthe day and year first above written, .l Signature of Notary SUSAN K BERRY STAGE OF WASHING ON NOTARY- e— PUBLIC 0000 E1fPI 14-23-00 Exclusive Easement Agreement Page 3 Printed Name of Notary: NOTARY PUBLIC in and for the State of Washington My,appointment expires:� EXHIBIT A LEGAL DESCRIPTION OF LOT 1 Lot 1, City of Federal Way Boundary Adjustment Number BLA 96-0005, as recorded under Recording Number 9647099005; Said Boundary Line Adjustment being a portion of the south half of the northeast quarter of the northeast quarter of the northeast quarter; AND the southeast quarter of the northeast quarter of the northeast quarter of Section 30, Township 21 North, Range 4 East, W.M, lying North of a line beginning at a point on the centerline of 1 st Avenue South which bears South 01 °28' 56" West. 901.17 feet distant from the northeast corner of said Section 30; thence North 88131'04" West 220.00 feet; thence North 63°12'21" West, 483.48 feet to the west line of the southeast quarter of the northeast quarter of the northeast quarter of Section 30, and the terminus of said line; EXCEPT the east 30.00 feet for 1st Avenue South; SITUATE in King County, Washington. Exclusive Easement Agreement Page 4 InN1.Y111.1 '• . • RECEIVED THIS DAY i Ju 13 12 as 1w °9p Return Address RECORC3 8' ELECTIONS TC:•-pietre Cvun Y NINO COUNTY 'Tace�,LUa ggtloS i. . ]?lease print or type Information rnv a Y N N lit! s7 i3 it a tti C 0 ti N I vo r , i ( �$ t a EMSE TAX NOT REQUIRED (i' s — rtucw ts:•,ran f]aputy x' Document Title(s) (ortraasacdons contained therein): 1. `aS,ent,vo = R�jl�i-. u� 4ntr�l -fir IIar�Q Glen �e�iie�mF,t-�- , , 2. w 3. = �> 4. c, o Reference Number(s) of Documents, assigned or released: (on page ofdocument(s)) Grantor(s) (Lase name nrst, then first name and initials) 1, v,lf4ye (�t�ze,� 2. Il gc-�eic.l LuRV ,LL.0 3. 4. 5. ❑ Additional names on page of document. Grantee(s) ('last name first, then rust name and initials) 1. `Tel-e -vice L i c.z-) 2. 3. 4. 5. ❑ Additional names on page of document. Legal description (abbreviated: i.e. let, block, plat or section, township, rasps;) Ci y of'JCdrm ( LkX rj(.P1 �4-� T 4C+^•-Mn 0(ToL/q%sF610 3.1 N (,y3it, l�Lia.r� tl•'rc�� ® Addiliolegalicon a ofdocumcnt. Assessor's Property Tax Parcel/Account Number 1?� Additiano! le [sees ofdtxutnent. The AuditorlRmrder will rely an the irdormaaetr provided on the form. 37re swff will not read the documens to the amuracy or com leterecss of the indexigA iatfannadaft Rtovidrd herein. LA 3As61o;NT AND MOST OF ENTRY AORRBNBNT for Villaae_4Y9�GQpt ADt6, This qsenwnt and Right of Bntry Agroenent (hersinnftar called 'Agreement') is made this grid day of m October 19-26_, by and betwonn TSLB-VUR Syeteoa, Inc., (hereinafter eallAd 'Operator") and Villagc Green of Federal Way a_ Retirement community, LLC, (hereinafter called 'Owner'). 1. In considaration of tha mutual covonanto out forth heroin, Owner hereby grants ,operator the sole and oxcluaive right to construct, install, maintain, own and operate a Cable Television Distribution System (hereinafter caliud 'Syatom") In, on and through the building(s) consisting of 300 units (hereinafter called 'Building'), located at _35419 - jnt_Avo._S- in thu city of Fedaral H", State of Washington, (hnrainaftor called 'Framisea"J. The exclusive rights granted to operator hereunder shall also apply to any CBS, SNATV, KhTV or similar communicationv or distribution service now existing or hereafter developed. Tha legal deacription of the Promises is as followoc see attached 88NIBIT 'A'. 2. All work on tha system shall he, complotod in e. professional, workmanliku mannor, with considorativn toward maintaining the aeothatic appearance of the Pramione to tha extent reasonably practicable. operator will bear all axpenooa Involved with the design, engineering installation and reaintonance of the System and related electronic nguipmant including inotallation of up to two outlato in the living roam and one outknt in each badreayn Of each unit up to a maximum of four outlets in any one living unit. In tha avant of underground Q cable installation, operator will install its underground conduits and Q equipment, free of charge in owner supplied trench. Should any condulta, pipen rp� or other opecial equipment be required within the Building owner agrees to provide, and install said special uguipment at owner'o sxponno. All materials and electronic equipment installed on the Premigea and maintained by operator �.� shs11, at all times be and rmain the Cole property of operator, its uucceaeore a and aueigno. operator ohall be, untitled to post an its equipment any notices or labals which it dooma norosaary to identify the ownarship of the Syston, and no part of the System may be used at any tiros by or for the bonefit of any party other than oporator. 3. Operator shall carry and onlntain public liability insuronce covering injury, accident and property domago that may bs caused to perocn(e), the grounds, the buIiding13J or their contents no a ronalt of Ope-ator'a negligence in the inatallation and operation of the System. The fact and origin of ouch negligence shell be determined by the insurance carrier. Owner shall be reaponsiblo for any Cable Diatributitn Facilities which are cut through, dug up, damaged or dontroyed by owner or Ownor'a agent. Such agonto shall include, but Bra not limited to, landacaporo, roofera, painters, and maintenance personnel. Neither the Owner, nor anyone operating on owner's behalf or with owner's permission will tap or othorwloo interfere with the cable television lines. 4. Residents on the Premises shall have the option to subscribe to any and all cable tolovialon oorvica(o) provided by Operator. unlosa a bulk rate agreement ie in effect between operator and owner, roeiduntn will be charged and billed individually for connection to the System and monthly service fees. S. owner shall provido, without charge to Operator, eauennnt and the right of access for inotallation, operation, maintenance, inspaction, repair, removal, sales and disconnection of the System. owner agrees to permit Operator to affix a key box to the Promisee for acceno to the System ohould operator so require. Page 1 of 3 IE t :s 5. This Agra000nt shall roanin in full forma And effect for fiftews (15) years from the date of activation of cable television service to the first Operator customer rasiding at the Franisoo and will bu automatically renewed for five (5) year tarrae thoreaftar, unions a written notice of termination is served via certified nail by althor party to the other no later than thraa (3) montha prior to the expiration of any terra. The conditionu of this Agrooaont shall became effective on thu data of signature by the agreeing parties Notwithotonding the abovo, Operator may tarminatO this Agreement without notice if it is unable to operate the System due to any governmental law, rule or regulation, or other racoon beyond its control. Should either party fall to perform itg material obligations cot forth In this Agrocrosnt, and fail to curd such material broach within a reasonable time after written notice thereof, this hgreesont may be terminated imeadiately by the other party and the terminstLnq party shell not thereby waive any of its rights at law or equity with reapoct to such material broach. 7. Operator shall indemnify and hold owner harmless from and against any and all looses, liabilitieu, damagea, coats and expenses (including roanonabla attorneys' feea) caused by Operator's nsgligonce or intentional misconduct (or that of oparator'e agont(s), srployso(o), or contractor(e), in psrforminq its obligetiona hereunder. Owner shall lndamnify and hold operator hax-mloae from and against any and all loeaan, liabilities, damages, coots and expenses (including roaoonnbl❑ attornoye' fees) caused by ownpr's noglignnce or intentional misconduct (or that of its agent(a), emplay000(a) ar contractor(a) in connection with its uoo of the Syoten or ownership or operation of the Promisee. B. This Agreement is contingent upon the determination by operator that Installation and/or Operation of the System is technically and economically feasible. Should Operator, in its judgment, and Within ninoty (90) days from the date horoof. determine that ouch installation and/or Operation to not faaeiblo, for any roaogn, this Agreement asey be iamadiataly terminated by operator, either in part or in whole (i.e., with reopect to some or all of the units on the Premiaao which are to be wirad). 9. The benefits and obiigaticna of the Agreement shall be considered as a covenant running with the land and shall retrain In effect and be binding upon the SUCCee20TO aesigno, hairs, and pormonal rapranontatives of the partiom. As such, this Agrcamant may be recorded in the real property racorda of the county where the Promise% are located. 10. Thin Agreement shall be governed by and construed in accordance with the laws of the State of WaohLngton. Nothing stated haroirs shall conatitnto a waiver of any rights which Operator or owner may have under any federal, state or local laws, rules, regulations or ordinance applicable to the inotallation, maintenance. repair and removal of cable television equipma nt and service. il. This Agreement, together with any addenda attached hereto, contains the entire Agreaa»nt of the partion and eupsroedea all prior agreomanta and negotiations, whether written or oral. This Agreement ahall not he amended except in writing, signed by both parties. 12. Owner hereby reprecanto and warrants that the person executing this Agreement on behalf of owner has all requisite authority to act on behalf of and bind owner to tho torma and conditions oat forth herein. 1 ,7 ,r 13. If any provision of this Agreement becooten or In hold to be unonforceable, invalid or void to any axtont for any reason, that provision shall remain in _ farce and affect to the maximum extent allowable, if any, and the enforceability and validity of the remaining provieiona of the Agreement shall not be affected thereby. IN WITNESS WHEREOF, the parties executed this Agreement on the data first above written. - 11 .•!'• = S��`. ' 1• •'i'f, f'. r,•::' .S !_ . S•.S ,J.; s :..yl..� . . �.. - •. Z. M TOM-VDz Systems, Inc. By Da 11. RaynoldD osident Data 17 i 11 Villaae Green of FePre-Ehl Wa A Retirament Co it LLC By Title Date7� 9�O STATE OF WASHINGTON j ) on. COUNTY OF RING j I certify that I know or have catisfaotory evidence that Eavid !!. ROyf14), ie the pAravn why apgsaraG before me, and said parson rivknowledgnd that hoo/oho si]n+d ttaio inatrumarstr on oath Stated the hajsha was authorized to execute the inatrwasat and acknowledged said inotru"nt as the Froetdant of T&LS-ytss a 111=, Ing. to be the free and voluntary act of such party for tha fives and P. rposes a+antianad in the instrument:. DATED: . 19_. (Seab.or stamp) Notary Public in and for the State of wsshington, residing at my appointment expires STATE OF WASHINGTON 1 ) as. CMITY OF King ) I certify that I know or have eatiefactory evidenco that r n- Pmm�_I� is the psrean who appoared before wo, and said person aeknrnrledged that by signed this instrument, on oath stated the hm/eks wan authorized to execute the instrument and acknowledged said instrument an tho Manavet of village Grcen of Federal Way a Retirement Cornnunity, LLC to be the fray and voluntary act of such party for the uses and purpanvs mentioned in the instrument. DAT90i October 22, 19 96 (Seal or stamp) I/ Wa a Public in and for g� ae edtlav f Wash ngton, residing at ay By appointment expires Page 3 of 3 8) t 1. STATE OF WASIIINGTON ) )SS COUNTY OF IDNNG ) On I3EMMER 3, 1996, before me, a Notary Public in and for acid State, personally append David M. Reynolds, (mown to me to be the Ptaesident of rho corporation that executed the within instrameat, known to ate to be the person who executed the within Instrument on behalf of the corporstioa therein named as COMPANY and ockaowledged to me that such corporadon executed the within Instrument pursuant to its by-laws or a resolution, of its board of diiwors. WITNESS my hand and official seal. IA �01 A.J. WMCK, Notary Public in and for the State of Washington Residing at: Seattle. WA My Commission Expires: Max-16, 11999 t L a Lot 1, City of Federal Way Boundary Adjustment Nunrber BLA 96-0005, as recorded under Recordiag Number 96070MOS; Said Boundary Lice Adjustrrrern being a portion of the south half of the norditast quarter of die_ northeast quarter of the northeast quarter; - AND the southeast quarter of the northeast quarter of the northeast quarter of Section 30, Township 21 North, Range 4 Cast,: W-K lying North of a lino beginning ata point on lire centerline of 1st Avenue South which bears South 01028'56" West, 901.17 feet distant from the northeast comer of said Section 30; thence North 8891'04" West 220.00 feet; then 63012121" West, 483.48 feet to the west line of the southeast qi the northeast quarter of the northeast quarter of Section 30, and terminus of said line; EXCEPT the east 30.00 feet for 1st Avenya South; SITUATE in King County, Washington. CEIVED 17 60i�t4Q i .I,. "*. lk VILLAGE MIM OF EEDEOM WAY, PH I agreement no. 96-341 Rea! ]Property License The undersigned, V111090 droon of Pedoral Way, a retirement Community, LLC hereinafter "Licensor" whose address is A,§412 gust nvo.:__Y_cdecal__ Way, wn 90003 is the owner of certain real property described in Exhibit "A", attached hereto and by this reference incorporated herein. In order that the Lakehavan Utility district, Ring county, Washington, hereinafter "Licensee", may inspect, repair and maintain the bypass meter located on the above -described property, the benefit of which to Licensor is hereby acknowledged, Licensor does hereby grant and convey unto Licensee a license to enter the property and the detector check vault located thereon at such time as deemed necessary to read, inspect, repair and/or maintain the bypass meter. This license may not be revoked without the written consent of Licensee. Any attempt to revoke the same without Licensee,a written consent, which consent shall not be unreasonably withheld where the access rights granted herein shall no longer be necessary, shall entitle the Licensee to terminate service to the property through the detector check valve assembly. The appropriate fire authority shall be immediately notified of any such termination of service. This license, which is non-exclusive to Licensee, shall run with the property and constitute and encumbrance and servitudo on the same and shall inure to the benefit of Licensee's successors in interest. Lvn m�.rr1 c�vieroa) Page 1 of 2 0 0 DATED this 20th- , day of March 9 97 Hy Its STATE 0 8i1Q1TCD ) rat county of Kin l I certify tha I know or have satisfactory evidence that fipTtLo 8. Pauoli. Ma aer signed this instrument an cknowledged it to be .--hLa -- -- free and voluntary act for t usea and purposes xogntioned in the instrument. i ` NQTAotlRYv i' su-- yEi Title i '_. P Yo U L ti nC':b, �� My appointment expires 512Z/ •--• ++l� S('� nt tn`'i9,`'•^................................................................ STATE Ci '�*kimTON ) are county of King 1 I rtif t I know or have satisfactory evidence that L, signed this instrument, on oath stated that A'-� was authorized to execute the instrument and ackoowledgeO it as the kL A/,9R,411 -A of ILcryre �l'CN aFr�-E'�_ N -- -- to be the free and voluntary act of ouch party for the uses and purposes mentioned in the instrument. el �a► �%uTAgY+'Notary Publis Tithe / r)"t n U 0 L l G My appointment expires R +l-Yj,•,5+�^,t1°;:ape �--frf-•-- Page 2 of 2 LUD 2o1.a.2e OZ116M) " ,•.,... .. •.r J-r � +.µ.+.re � .+•:. "�; 'I 9; '.:• 'y �d':•��... - . S: 3 �` Yf 4 •�r 3 EXHIBZT ".A" Village Green of Federal Way 3; Phase I Legal Description +] Lot 1 of Boundary Line Adjustment No. MOS-0002, AFN 9510219002. v y That portion of the South half of the Northeast quarter of, the d r. Northeast quarter of the Northeast quarter; AND the Scut%ast t quarter of the Northeast quarter of. the Northeast quarter of e Section 30, Township 21 North, Range 4 East, W.M., lying Nortgi of y a line beginning at at point on the oenierline of lot Avenue South, whiph hears $ 01'28156" W, 902.17 feet distant from the Northeast �r corner of said Section 30; T S£NCE N S9'31104" W, 220.00 feet: ' THENCE N 59622,24" W, 500.42 feet to the East line of the Northeast 1 quarter of the Northeast quarter of the Northeast quarter of said 1 Section 30, and the terminus of said line. of EXCEPT the East thirty (30) feet for let Avenue South. c #. Situate in the City of Federal Way, King County, Washington. rl I Return Address: Lakeha,vcn Utility District P. O. Box 4249 Federal Way, WA 98063.4249 COVERSHEET Agreement (Village Green Ph 11) Huntington Park Builders e(a). Lakehaven Utility District c riptiars: Lott, City of Federal Wa1 it a Property sz S 31D2104-9017-07 BLA # BLA%-0005, KCAF MMO99005 'rrnuet rsm pT 4 a VEU AGE GREEN PHASE U Agreaent No. 98-394 AGREEMENT THIS AGREEMENT, entered into in duplicate between the LAKEHAVEN UTIIM DLSTRICP, King County, a municipal corporation of the State of Washingtoa, hereinafter referred to as the "District" and HUNTINGTON PARK BUILDERS, INC., P.O. BOX 98309, DES MOINF.S, WA 98193, hereinafter refWW to as "Developer". WITNESSETH: WHEREAS, the District operates and maintains sanitary sewer and water distribution systems within its boundaries which can serve property of Developer, and WHEREAS, Developer desires to construct certain sewer and water mains and appurtenances at its own cost to serve Developers property, for delivery to and operation by the District, No*, THEREFORE, rr ;S ==BY AGREED thrt: 1. The land for which domestic sewer and water service is requested cirri to which this Agreernerrt applies, is realty in King County, Washington legally described as follows: Lot 2 of City of Federal Way Boundary Line Adjusooertt No. 13LA9G-OWS, as recorded in Volume of Surveys, Pages 19, 19A and i 9B, tinder Auditors File No. 9607099005, records of King County, Washington. By executing this Agrcrm it, Developer represents and warrants that it is the owner of record of the abovadescribed property. If such representation of ownership is issvaUd, this Agreement shall be void. Developer agrm that the District may require Developer to famish a bide report for the property at Developers expanse. 2. All legal descriptions shall be furnished by the Developer and shall be stamped and signed by a professional eagynneer or professionnal land surveyor lioettsad in the State of Washington Each description shall be accompmod by a drawing which graphically depicts the legal description 3. At the brie the Developer exeantes and delivers this signed Agreement to the District, the a veloper shall pay all associated charges as set forth in Resolution No. 97-830, or any subsequent amendment thereto, which charges are more specifically desmbed as follows-. WAS SEWER Section B - AJ-2: Developer Extension Charge - deposit against the Distrxx's administrative, inspection, a4memins. legal and other costs, h chiding the cost of main cleaning prior to accept- ance, associated with the extension of $ 4,694.00 $ 2,884.00 water facilities. (See subsections a & b below.) • Page 1 6 WATER SEWER. Section C - M-1 Lztecatrters Adnrini- suative pee to cover the District admWgtralive cost for Latecomer P6Y- S .00 $ .00 back associated cost. Section E: RightOf-way constmaion to cover District's cast associated in the Right-of-way Cortatructson Permit S--OM L---A for city, county. andlor state pent6l. Total: S 5 44 S '2 §900 a. These amounts shall be paid to the District, prior to the Districts execution of the agremwM as a deposit against actual Pcr 'including all baderielogical testing and sampling• T e District shall detenr K vn a monthly bases its ttrtual costs essoclated with the project acid shall submit to Developer, if and at such fine as its expenses exceed the deposit herein. a r'e4eg to increase said deposit by such additional anwunts as are due to repay the DLStrict for actual ously collected plus an amoum to irrc a said deposit to casts in excess of the antoum Pr" hun the next five dred dollar (S500) increment payment steal! he made within ttwtS' days of the elate of the letter requesting same. In the event that the deposit exceeds the Disbicfs actlud experurs, the District shall issue to the Developer. at project closing, a ref nd Of such unwed far arnounts- b- the Developer xten5ion Charge deposit includes the OWL- of the District's review of Ln prelisninaty plans, wWcb review shalt not "sn my way be deems an approval of platter rnncfNdion purposes. 0 al W6 the above CD is not executed and returrtad, °n& which q, In the event this Ag awKln of same to the Developer N referenced charges. within six tttonths from the date of transntittsl be void and a new Developer date of transmittal is June 9, 19 9 S the AgrrxnSka Extension Applications along with application fee, wit! be required- � within six fb7 5. In the event work and construction described herem L � we be �� of months from the date plans and speci6caticsns have been appta d, the time period spe fled no force or effect w}tstsoe�+er. In the event that wurk has cornmcrtced if construction is herein, COrLmutxion shall be completed on orb he void and of no force Or -lied what >at�'a. not completed by such date, this Agrewwnt 6. It is agreed by the pia that tune is of the essence in a8 mattas relating to the pe<fomtance ofthis Agreement• ter 7. The District's engineers shall review final plans and specsficauons for sewer and are ans mwt construction to be performed by the Developer under this AgreerT�• If PrelitT�T'!p err and the not deemed acceptsb1a by the Dissna, be obligated to � Developer speg6catior<s in accordarrce with design standards deemed acceptable the District that great plans and spertfi[xfioT� have beer► approved, has been notified in wri�rtg by the a ere-cat�uc.�nst Developer and Developers eomsactor shah rtwd Tate Developer maw ortgttrals � cas>frrcnoe 4xfosc construtti� is co nomrtr t> o ft �a� costfrmrce duplicate reproducible rnylw girtals P � t0 the Dtsirtct aCC7]SatC ti[ld S. Developer aW,s that it shall be responsible for providing reliable informarian concerning the actual location of the faalitr �� " Or such coff 'oica3s�ed obligation, Developer shall pie from its design exigrs►erx, of the project a written engineer or surveyor that will be consulting on the cor>sM346vn phase statement which shall be submitted to the District Friar to the pf °f1the es tote � � aced guaranteeing that socuWe data wi►1 be collected dumq constniction. of page 2 0 engineer to subrrut actual and reliable "as-b W locations to the District. At the conclusion of construction and prior to and as a condition of acceptance, the engineer snail deliver to ttre District its certification that it has made periodic field investigations and measurements during construction and that the "as -built" drawings submitted to the Ustrict are acattate and reliable. In additions, the engineer shall be required to stamp and sign the Departnrest of Ecology's "Declaration of Construction of Water .. Pollution Control Facilities " The District shall have the right to approve any change in the consulting engineer or surveyor during the pmjact and Developer agrees that the Distract may refim arty change in the consenting engineer or surveyor or may condition the sarne on resubnrittai of the warranty of location described above. No approval of an y new engineer or surveyor shall be umwombly withheld by the District. 9. In addition to all amounts payable by the Developer, as set forth hereinti the Developer shall pay, prior to the preoorwaction conference, the sum of 528,212.75 as and for a charge in lieu of assessment for water facilities previously constructed which provide direct beriefit to Developer's property, or a portion of Developer's property, and for which District funds were used to fund OF partially fund the construction, pursuant to and in accordance with District Resolution No. 97-830, Section S. 10. In addition to all amounts payable by the Developer, as set forth herein, the. Developer shah pay, prior to the precanstruction conference, the sum of $12,695.04 as and for a latecomers charge for sewer facilities previously constructed which provide direct benek to Developers property, or a portion of Developer's property, pursuant to and in accordance with District Resolution No. 97- 830, Section S, and any subsequent amendments thereto. 11. The District will make application for City of Federal Way'Righr-of-way Celnstruaron N Permit'. Developer arimowledges familiarity with the provisions of such Right -of --way Construction Permit and agrees that it or its contr=or s failure to comply with arty of the provisions of the permit r1e �_, t� IA w �w t1 v 1, �w a r n am. n�iw r►n.-.d . evadable to the r - of C ,mil :. .. tk ITS ;cL �:. add on :g .. .. . ce _., _ 1 - Federal Way as the permitting party, to immedzatedy atop all construction acdvity on the right-of-way V4 until the violation orviolations have been eliminated and corrected to the satisfxiau of the District and N the Disuict should not be held liable for any damages, either dinner or indirect, for the delay and e4 expense of such work stoppage. Developer shall procure all other state, county and city Nomaes or pertrtin 12. In the event an easement is required over realty other than realty described in Paragraph No. 1 herein, such easexna-A, in form aoeeptable to the District, together with tide report or other sufficient proof of ownership of such rwhy, Shall be delivered to the District prior to the precortstruction conference. Developer shall be obligated to obtain a written release froth any Property owner across whose property construction is petfortued pursuant to the grartt of an eawmerrr, sufficient to indicate that the site restoration on the eascnxTd is satisfactory and complete- 13. Prior to the preconstruction confererw4 Eea-eloper shall defiver to the District a restoration perfoemance bond in the sum of $4.000.00, conditioned that Developer will restore to the satisfaction of the Disuict, and state, county, and city agencies as applicable, all work to be perfomzed hereunder in public rights -of -way and District rasanerrts. Fort and cordents of bond shall be determined by the District. 14. Construction shall be performed in accordance with District approved plans and specifications and only wrier the supervision of workers or craftsmen experienced in the installation of sewer and water mains and the related work. 15. By execution of this Agreerrort, the District does not guarantee sanitary sewer service will be provided to reafty described herein. In the evert thK any District &Wities, s ich na lift stations, treatment plants and sewer trunk limes, become utilized beyond their design or approved capacity or become inoperable for arty cause, the District rives the right to refuse arry ccmnedioos which would use such fitrility until remedial action has been compkxA and the District shall not be U* fur any direct or oortsequarnW damages which occur to Developer ariai% out of such Dwrict rdhW to i connect or time delay necessary to take remedial action. Page 3 ti 16. The Developer and its agents agree to indemnify and hold the District harmless from any and all claim which may be assessed against the District as a result of the construction or maintenance of the work desmW in this Agreement prior to acceptance by the District. The Developer shall err raven in firU force and affect during the construction peiod. liability uwarsooe in the nummum amounts as foAows: Bodily injury liability coverage with Worts of not less than $5W,000.00 ■ for bodily injury, including accidental death to any one person, and subject to that limit for each pesos in an amount of not less than S1.000,000.00 for each accident; and property damage coverage in an amount not less than 31,000,000.00 for each accident. A certificate of irut mace shall be provided, prior to the preconmction conference, vAting rho Amounts of the coverage and the inclusion of the District as an additional insured. Ten days written notice shall be given to the District for cancellation or expiration of this inausnce. 17. Developer shall notify the District the date work and caa&uction described in this Pit will commarr, and said notice shall be given not less than 72 hours (not including Saturday, Sunday, or national holidays) prior to such date. No sewer or water facility shall be covered prior to u�ion After work is commenced, h W vigorou*, consistently, and in a first-dess workmanlike manner be carried to completion. Developer shall maintain at the construction area at all times during construction, a relrresentmive to whom District notices may be given regarding construction Said rep reseutafive shall be designated in writing by the Developer before start of work. Developer may request kVectiom during construction upon two (2) days notice to the District. 1 S. Testing of sewer and water facilities shall be performed w required by the District and only after satisfactory tests have been completed and witnessed by the District's designated Went, will the work be accepted_ Developer agrees that at such time as the District has performed inspection of the sewer and water connections and has delivered itemized punch lists to Developer and/or 117 Developer's contractor, that the project will be pursued to final completion, including the performance of all necessary site restoration. G 19. Upon completion of construction, Developer or contractor shall defiver to the District a bond in the amount of ten percent (100/6) of construction costs or $5,000.00, whichever is greater, ,.1 that a reliable eontractor wi11 make and pay for repairs necessary within one(]) year from the date of acceptance of said constr!mdion, arising from fluky labor or material. Form of bond is to be approved by attorney for the District. Developer shall also deliver Bills of Sale for sewer and water trains and appurtenances installed and concocted pursuant to this Agreemat, together with permanent casements for their location in a form aouVabie to the District. 20. Upon completion of construction, Developer shall submit, for acceptance and approval of the Istria, a statemat of monies and/or other accounting of monies expanded to perform construction described hereiN together with such other engineering records and data as may be required by time District. 21. In the event Developer requests and the District provides water meters for the realty described herein, prior to District's aweptance of work, Developer agrees to be solely respoaible for any loss or damage to such water n xftm or their installation, which o=m prior to said acceptance of work by the District. 22. Work and construction performed under this Agreement shall not be connected to the District's sewer and/or water system until all proviNars and requ renwi tS of this. Agreement and District Resolutions, on the part of the Developer, have been fidly complied with i 23. The District and Developer agree that in carrying out the tams of this contract, the Developer shall be aching as an independent contractor turd in no respect shall Developer be dented an agent or paring of Lakehaven Utility District. 24. Developer shall not assign this contract wWw the written consort of the District_ i Page 4 2& The District shale p uvHk sanitary sewer m vtoe fohlnwin g the Distt de eoonpt = of the sanitary sewer system fur operation and ma>nte rwm and upon paymem of the corumcdw dWW as set £arch sod in acmida we with Di.trict Reaolubm No. 97-830. Said oxrtec6w daagea SW t wig of the Capital Fsm%u Chuge (CFCj Side Sewer Permit Fee cad any other star ch� to be levied in a000rdartct' with said District Res kdm No. 91-830 or a>iba4a thereto or arty other applicable District Rewlutim at Lane service is roquested The parties ackoowiedge dot they hm previoushy executed betwom than and reoDnW an "Rgmernatt for Pa)m c nt of Coramcbm Cheergcs' covering the property subject to this Agreernera tad agree that the aeme sirehl be NrAng upon them and shall apply to tdee calcrls6on and payrntxrt of CFC's as i£fully set forth hrreim 26, The District shell provide w &W service Endowing the Distrrces seoe Unce of the water distn`be mm rystem for operation and m wmisnce and upon paymerd of the ca mccciim rh>rrges as set forth and in ancordattca with District Rewhition No. 97430. Said connection charges shall cons6t of the Capital Fam ities Charge (CFCIi Meter Installation Chuge and any other atrh dMrgra levied at accordance with said Dis= Resolution No 97-830 or anfmftamb thereto or say other applimb e DisMct Resolution at time service is re+guested. The pwie"s ackwwle* that they have previously executed property nibst tham� � and � the same sitailan "Agreenvid for Payrneirt o be birxlM >�n t� sW the �>� �� to apply to the caloAstion and payment of CFC's as if fi Dy set Nib here h 27. Partial waiver or waiver by acq kwerrce by etc Diatrid of any provision or oaodi M of this Agrdawl shall riot be a waiver of any other proviwo or condition of tb a Agreement 2& 'Phis Agrewxr t shell constitute sus easerrtan! and sa►+itude uPvn the Property dearxt�ued herein and diall be binding upon the heirs, an gu and awmm in interest to the DeveUVer. This Agreemem shall coat we an equdable heir agunst property descanlxd herein And m the event of V4 ronper£vrrttarm by Developer, as stored haval, the District may foreciow aid lien in the mrurter %M aatnori=i by taw. 2% This writing oorz ares the JU aril only agreement between the parties, there burg no or wnium or oral, except. as hmm act firth, or as ltesrirtad a promises, agreerrtexaa eusdersiandirtgs, may be ameaded in writing. 30. Upcm ecxtrt of dw Agreemesrt, the putiea agree in the evend either of them is required to enforce aoy prow6on or proviaom of this Agrwnent agamst fha other, dw the prevat"intg party shall be entitled, in addition to aII outer amounts to which it is otherwise entitled by this Agreenml. to its actLW anorrey's fees and costs, iridwling those incurred on appeah. WTrMMS our hands and seals. HUN ERGfON PARK BUhI..7 B Its t Dater r-14 fl LAiQ.�iA+ VEN bJMXI Y DEMCT King County, Washington 2 Water Qper stions 8t ing MamW Paee 5 STATE OF WASHNGTON ) ss: County of King ) I omf4 thsd I know or have sga*aory wid4= that wes >adimzw to awe t3te end si�od this instrumatt, on oath � , of Hi]t+Fi'WG'i'ON PARK ecirnowledged itas the act of such party for the uses and parpo= MWfiWcd Buff DERS, INC., to be the free and volurttrtFy in the honuned. DATED: UPMA J. BR11i KR STAR OF WAMMON Title �iA�IT�—IJ� hlyappoi spires: �rli� oelF/� Pao 6 8 ■ ■ IV a S A a rL 0 r Return Address: Timothy M. Friedrichsen !� Merkle Siegel 8 Friedrichsen, P.C. EXCISE TAX NOTRE{.UIRED rdnZwy 1325 Fourth Ave., Ste. 940 ea e, a. q Co, Attn: Easement (Document Type) - Reference numbers of related documents: additional reference numbers on page of document Grantor(s) : 1. Monte U. Powell 2. Diane E. Powell 3. 4. etc. additional names on page ok document Grantee(s): 1. Viila a Green of Federal Way, A Retirement Community, LLC 2 3 -- 4. etc. additional names on page of document Legal Description: 1. Abbreviated form: Ptn. HE 30-21-04 a 2_ Additional legal description is on page of document Assessor's Property Tax Parcel Account Number(s): 302104-9017-07 302104-9024-08 EXCLUSIVE EASEMENT AGREEMENT To Benefit Village Green THIS AGREEMENT, made and entered into this3 / day of December, 1998, by and between Monte B. Powell and Diane E. Powell, husband and wife, ("Grantor'), and Village Green of Federal Way, A Retirement Community, LLC, ("Grantee"), is made with reference to the following facts: A. Grantor is the owner of the real property known as "Lot 2" and described in Exhibit A attached hereto and incorporated herein by reference. B. Grantor is the majority owner of Grantee, and Grantor intends to contribute all of Lot 2 to Grantee as a capital contribution. Grantee thereafter will complete a boundary line adjustment to incorporate a portion of Lot 2 into Grantee's property currently referred to as "Lot 1" and legally described in Exhibit B and incorporated herein by reference. After the boundary line adjustment is completed, Lot 1 shall be known as "revised Lot I". The portion of Lot 2 not included in the revised Lot 1 will be distributed by Grantee to Grantor. After the boundary line adjustment is completed, Grantor will sell to Grantee that portion of Lot 2 that is incorporated into revised Lot 1 through the boundary line adjustment. This sale is anticipated to be documented by the terms of a Real Estate Purchase and Sale Agreement to be entered into upon completion of the boundary line adjustment_ C. In connection with the contributions, distributions, and sale of a portion of Lot 2 by Grantor and Grantee, and in connection with a residential real estate project that Grantee desires to develop on the revised Lot 1, the parties have agreed to establish certain easements for construction of a road, for the installation of utility services, over, across and under a portion of Lot 2, and for the restoration of Lot 2 upon completion of the development project. The utilities shall be installed at the locations described on Exhibit C attached hereto and incorporated herein by reference, and the road shall be constructed at the locations described on Exhibit C attached hereto and incorporated herein by reference (hereafter, the "Easement Locations"). NOW THEREFORE, the parties agree as follows: 1. (aaut of Easu icut. Grantor grants to Grantee an exclusive revocable easement on Lot 2 for the benefit of Grantee, its successors and assigns, subject to and conditioned upon the terms, conditions and covenants contained herein which Grantee hereby promises to faithfully observe and perform. The easement granted hereunder shall be at the locations provided and in the dimensions prescribed in plans for a residential construction project to be developed by Grantee on revised Lot I as approved by the City of Federal Way, Washington. The reserved easement shall not run with the land but shall be exclusive to Grantees, their successors, heirs Exclusive Easement Agreement Page I and assigns, as well as to the benefit and use of the Grantor, its successors, heirs and assigns, and for the benefit of owners of property served by the easement, or for each authority, commission, corporation, municipality or other agency supplying facilities or providing utility service. The granted easement shall survive the proposed contribution of Lot 2 by Grantor to Grantee, the proposed boundary line adjustment whereby Grantee intends to incorporate a portion of Lot 2 into Lot I, and the proposed future distribution of a portion of Lot 2 from Grantee back to Grantor. 2. lnstallarion and Milintenance of Road. In connection with that portion of the easement for purposes of construction of a road it is agreed between the Grantor and the Grantee and their respective successors, heirs and assigns that the Grantee shall be solely responsible for the costs of installation, construction, reconstruction, relocation, removal, maintenance, repair, operation and inspection of any roads which are created on Lot 2 because of development occurring on revised Lot 1. 3. JAUgks JpSrWl qon ana Maintenance. In connection with that portion of the easement for purposes of sewer, water, drainage, storm water detention, electric, gas, telephone, television, cable, and other utility facilities ("Utility Facilities") described above it is understood between the Grantor and the Grantee and their respective successors, heirs and assigns that the Grantee, its successors, heirs and assigns shall bear the costs of installation, construction, reconstruction, relocation, removal, maintenance, repair, operation and inspection of any Utility Facilities which are installed over, under or across Lot 2 for the purposes of development occurring on revised Lot 1. d 0 4. Fasts of Prosy Dedication. In connection with all portions of the easements Vq granted above and in connection with the construction project Grantee intends to develop on O Revised Lot 1, the parties anticipate that the City of Federal Way, Washington will require 07 that a portion of Lot 2 be dedicated to the City of Federal Way for the improvement of right of way (estimated at 8,300 square feet). Grantee hereby agrees to pay Grantor the appraised value on a per square foot basis for each square foot of property Grantor is required to dedicate to the City of Federal Way in connection with Grantee's development project. The minimum value payable to the Grantor shall be five dollars per square foot, although Grantor shall be entitled to re -appraise the property at the time of the dedication and if the per square foot value exceeds five dollars, to receive such higher value on each square foot so dedicated. Payment for such property shall be at the time Grantor is required to transfer the property to the City of Federal Way. 5. Restoration of Lot 2. In connection with all portions of the easements granted above, Grantee hereby agrees that within six (6) months of completion of the construction that Grantee intends to perform on the revised Lot 1, Grantee will repair and restore those portions of Lot 2 that were affected by Grantee's construction of buildings, roads, utility installations, or otherwise. "Repair" and "Restore" shall mean to regrade, reseed, replant, and otherwise replace the vegetation and landscape of Lot 2 to at least the condition it was in prior to the start of any construction. Exclusive Easement Agreement Page 2 LA 6. Grantor's Rights. Grantee's rights hereunder shall at all times be subordinate to such rights of Grantor as are necessary to preserve and maintain the capabilities of the Grantor to develop Lot 2 for use as a residential development site, Grantor shall not be liable to Grantee or to Grantee's employees, agents, tenants. guests, or invitees or to any other party benefiting from the easement on the Easement Property directly or indirectly caused by Grantor's existing or future use of Lot 2. Grantor reserves all rights with respect to Lot 2 and the Easement Property including, without limitation, the right to grant further easements, licenses and permits to others subject to the rights granted herein. 7. Modification and R&yncation Righi , In the event that it should become necessary for the Grantor to utilize the Easement Property in connection with the development of Lot 2, and in the sole judgment of Grantor, the location, existence and use of the road and utilities easement interferes with Grantor's intended use to the extent that it is impracticable or substantially more expensive to accomplish such use, then Grantor shall have the right to revoke the easement and rights granted to the Grantee hereunder. Alternatively, if Grantor chooses not to revoke the easement granted hereunder, then Grantee shall have the obligation to either, in Grantee's sole discretion, (a) protect, modify or relocate the road and utilities at the sole cost and expense of Grantee, so as to remove the interference to Grantor's development of Lot 2 to Grantor's satisfaction, or (b) to reimburse Grantor for its added costs of design, construction and installation to avoid such interference with Grantor's development of Lot 2. In the event that Grantor intends to undertake any such development on Lot 2, Grantor shall give Grantee reasonable advance written notice of such intention together with preliminary plans and specifications for such work, identifying the potential interference and all design information relating thereto. In no event shall such notice and plans be required to be given more than six months prior to the scheduled commencement of work. Within one month after receiving such notice from Grantor, Grantee shall give written notice to Grantor by which notice Grantee will elect to (a) protect, modify or relocate the roads and utilities, or (b) reimburse Grantor for its said added costs. If Grantee elects to protect, modify or relocate the road and utilities it shall commence work promptly and diligently prosecute such work to completion prior to the scheduled date of commencement of Grantor's construction. If Grantee elects to pay Grantor's added costs, Grantee shall give Grantor satisfactory assurance of payment of such costs at the time such notice of election is given. If Grantee does not so elect one of the above described options by giving Grantor the required notice. Grantor shall be entitled to make such an election on behalf of Grantee, and Grantee agrees that this election shall be bidding upon Grantee and have the same effect as if made by Grantee. If Grantor so elects option (a) described above or if Grantee elects option (a) described above and fails to commence and prosecute its work as contemplated herein, Grantor may, at its option, undertake such work on behalf of Grantee, as Grantor deems necessary pursuant to option (a) and Grantee shall promptly pay Grantor for all costs incurred by Grantor in performing such work. Exclusive Easement Agreement Page 3 w E 4 d` W ■+1 O 0 �r] M 9. . This agreement shall not be a covenant running with the land, but shall be binding only upon all parties hereto, their respective heirs, successors and assigns. 9. ReIease and Indenin01y Grantee does hereby release, indemnify and promise to defend and save harmless Grantor from and against any and all liability, loss, cost, damage, expense, actions and claims, including costs and reasonable attorneys fees incurred by Grantor in defense thereof, asserted or arising directly or indirectly of or out of (1) acts or omissions of Grantee and Grantee's servants, agents, employees, and contractors in the exercise of the rights granted herein, or (2) acts and omissions of Grantor in its use of Lot 2 and the Easement Property which affect Grantee's employees, agents, contractors and other parties benefiting from the Easement Property; provided, however, this paragraph does not purport to indemnify Grantor against liability for damages arising out of bodily injury to persons or damage to property caused by or resulting from the sole negligence of Grantor or Grantor's agents and employees. Dated this !V day of December, 1998. Grantor: Monte B. Powell Grantee: Exclusive Easement Agreement Page 4 Diane E. Powell Village Green of Federal Way, A Retirement Community, LLC By: Monte B. Powell Its: Manager TW t? in D M STATE OF WASHINGTON ) ss. COUNTY OF KING ) On this3 f day of December, 1998, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn personally appeared Monte B. Powell and Diane E. Powell, to me known to be the individuals that executed the foregoing instrument as their tree and voluntary act and deed for the uses and purposes therein mentioned, and on oath stated that said individuals were authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written. Exclusive Easement Agreement Page 5 erg o- Wh +mom Signature of Notary MA '1IW7"NtDRE Printed Name of Notary: 4 NOTARY PUBLIC in and for the State of Washington My appointment expires: M EXHIBIT A Legal Description of Lot 2 Lot 2, City of Federal Way Boundary Adjustment Number BLA 96-0005, as recorded under Recording Number 9607099005; Said Boundary Line Adjustment being a portion of the south half of the northeast quarter of the northeast quarter of the northeast quarter; AND the southeast quarter of the northeast quarter of the northeast quarter of Section 30, Township 21 North, Range 4 East, W.M, lying South of a line beginning at a point on the centerline of I st Avenue South which bears South 01 °28'56" West, 901.17 feet distant from the northeast curner of said Section 30; thence North 88*31'04" West 220.00 feet; thence North 63*12'21" West, 483.48 feet to the west line of the southeast quarter of the northeast quarter of the northeast quarter of Section 30, and the terminus of said line; EXCEPT that portion conveyed to King County for S.W. 356th Street by Deed recorded under recording number 698903; AND EXCEPT the east 30.00 feet for 1 st Avenue South; AND EXCEPT the following portions of the above described premises, all as condemned for street purposes in King County Superior Court Cause ry Number 89-2-25115-9, being described as follows: t?' the southerly 12.00 feet; the northerly 255.00 feet of the southerly 267.00 feet of the easterly 12.00 10 N feet; a fillet area lying southeasterly of a circular curve having a radius of p 25.00 feet, concave to the northwest, said curve being tangent to a line *� 42.00 feet northerly of and parallel with and the centerline of S.W. 356th Street, as surveyed under King County Road survey Number 25-21-3-7A and tangent to a line 42.00 feet westerly of and parallel with the centerline of 1st Avenue South; The westerly 30.00 feet of the northerly 158.00 feet of the southerly 170.00 feet: a fillet area lying southwesterly of the arc of a circular curve of radius 25.00 feet concave to the northeast, said arc being tangent to a line 42.00 feet northerly of and parallel with the centerline of S.W. 356th Street; as surveyed under King County Road Survey Number 25-21.3-7A and tangent to a line 30.00 feel easterly of and parallel with the centerline of 2nd Avenue S.W.; SITUATE in King County, Washington. Exclusive Easement Agreement Page 6 • EXHIBIT B Legal Description of Lot 1 Lot 1, City of Federal Way Boundary Adjustment Number BLA 96-0005, as recorded under Recording Number 9607C99005; Said Boundary Line Adjustment being a portion of the south half of the northeast quarter of the northeast quarter of the northeast quarter; AND the southeast quarter of the northeast quarter of the northeast quarter of Section 30, Township 21 North, Range 4 East, W.M, lying North of a line beginning at a point on the centerline of 1 st Avenue South which bears South 01 °28'56" West, 901.17 feet distant from the northeast comer of said Section 30; thence North 88*31'04" West 220.00 feet; thence North 63012'21" West, 483.48 feet to the west line of the southeast quarter of the northeast quarter of the northeast quarter of Section 30, and the terminus of said line; EXCEPT the east 30.00 feet for 1st Avenue South; SITUATE in King County, Washington. Exclusive Easement Agreement Page 7 ar • 0 0 EXHIBIT C Location of Road and Utilities The road shall be constructed at, and the utilities shall be installed at, the locations agreed to between Grantee and the City of Federal Way, Washington, provided that Grantor shall have the right to approve or disapprove of such locations prior to the start of construction thereof. Exclusive Easement Agreement Page 8 r.,, - , --k.,..4. M 44 O bA cd w 4i O C y �� b�p� TEN ��1 � '9I �� `�i - arr Y�y:rr.ro. y��• a�� a� �.ap { 4 5 � •}k't '� �Y�1` I R? Yij t_ ®vr scr_r \ Yn y1y�� r.c��v..rrm 4tv{ ,'�� 3y .�`1 � a4'" ,i � ^�' .�� w"�•r_r� � � la i� `, V H o w 1 �'� �� k + � � 1 ,� � 0 N `j +-- ea�ssx�c • - AT yD � z cc = ova ' 0 A a, i � � •;v; V f 1-'I • � � � `M r.� ri:+-.w \ �sw.�.' %w. m•_ rem- �-'- , � S M n...�+.•..•• f � gU� K: .Y P. It r k3 ojt �. L LLj G 3 Vt. PH k, R �� jWJ00 2 2iWi Q 4 �Z �� Y3 _�9�eii�Cd - f%�Co t^o'].�. :Me F'�6..G'. Fir -r✓ Vi r + V I v 1 J it ti d III J' t� AR� tl Qt M 4-a O rf) Q to «S a ° wla O n z N r n ggtr y �- S+� y tiQ„�$• InE o 'aft i i2�..0 R ti w � �• $� 8 3 a v ._ a4v �:t�,�•y5 $ $ 01 g a ps I,U ponib. a Q_ b 39Vd/' 1DA re ' o a ❑ € M uu) u ri `I y ❑ 5° A 25r I8a�till €��g z IF d� p " Q g K 4 „, L Nil I F- cc _:' J " z � _a� g� p J �; IJH ¢ iF, �4 6'"gyp _�i` �roa^�1„ ^S ¢ w > ti G is ]a' $a$ $ ^�'� -_' }� c� Ld Q Q ou Liu 2 a g �, fa: i�� n � Fry er Gne�A [n c o m ° ru w $ o�_- 6 m Z UY O .S Return Address: 200 1 2 i 047 2 ❑ C.n-��S PACIFIC NU TIL�T RA5 12 00 Y<7a, G C, KING COl1N7Y , HA Attn _..1;�t.J�a n .� ► - (Document Type) Reference numbers of related documents. additional reference numbers on page Grantor(s) ' / 1 , g r 2 3. 4. etc additional names on page A 2- of document of document Grantee(s). O 1 r. c.i 2 3 CN etc. additional names on page of document Legal Description. 11 I Abbreviated form `tti �-)LA I,0-1 C1 ' Z 1-4 2 Additional legal description is on page of document Assessor's Property Tax Parcel Account Number(s) ';ozVa Lk-- `16-L`4 EXCLUSIVE EASEMENT AGREEMENT To Benefit Monte B and Diane E Powell THIS AGREEMENT, made and entered into this -31 day of 0'-401 �, 2000, by and between Village Green of Federal Way, A Retirement Community, LLC, (Grantor) and Monte B Powell and Diane E Powell, husband and wife, ("Grantees"), is made with reference to the following facts A Grantor is the owner of the real property known as "Lot A" and legally described as follows Commencing at the southeast corner of the northeast quarter of the northeast quarter of Section 30, Township 21 North, Range 4 East, W M , said point also being the intersection of 1st Ave So and S W 356th Street, thence North 01 °28'56" East along the centerline of 1st Avenue S , 218 15 feet, thence North 88°3 F04" West, 42 00 feet to a point the west margin of lst Avenue S as condemned for street purposes in iGdng Cvu�lty Superior Court Cause Number 89-2-25115-9, said point being the True Point Of Beginning, thence continuing North 88°3 PO4" West, 234 66 feet, thence North 43012'24" West, 177 24 feet, thence North 01'09'14" East, 163 80 feet, thence North 63°12'21" West, 28188 feet to the west line of the east half of the northeast quarter of the northeast quarter of said Section 30, thence North 01 °28' 17" East, along said west line, 360 00 feet c� to the northwest comer of the south half of the northeast quarter of the northeast quarter of r• the northeast quarter of said Section 30, thence South 88°50'35" East, along the north line of said south half 627 14 feet to the west margin of 1st Ave So , thence South 01°28'56" West, along said west margin, 695 27 feet to the north line of a portion of said Section 30, condemned for street purposes in King County Superior Court Cause Number 89-2- 25115-9 thence North 881131'04" West, along said north line 12 00 feet, thence South ' 01028'56" West, along said west margin of 1st Ave So 78 61 feet to the True Point Of r' Beginning { - C:) Situate in the City of Federal Way, County of King, State of Washington CV B Grantees sold a portion of Lot A to Grantor under the terms of a Real Estate Purchase and Sale Agreement dated 1 , 2000 and in connection with such sale, the parties have agreed to establish certain easements for ingress and egress and for the installation of utility services, over, across and under a portion of Grantor's property NOW THEREFORE, the parties agree as follows 1 Grant of Easement Grantor grants to Grantees an exclusive perpetual easement on Lot A for the benefit of Grantees, their successors, heirs and assigns, to benefit any property which is adjacent to Lot A and which is hereafter owned by or acquired by Grantees The Exclusive Easement Agreement Page l CV CZ> CAI r. 3 purpose of this easement is to allow Grantees to have access across and through Grantor's property for ingress and egress to streets in the City of Federal Way, Washington, and for access to utilities including but not limited to sewer, water, drainage, storm water detention, electric, gas, telephone, television, cable, and other utility facilities The easement granted hereunder shall be at the locations provided and in the dimensions prescribed in plans for a residential construction project to be developed by Grantor on Lot A as approved by the City of Federal Way, Washington The reserved easement shall not run with the land but shall be exclusive to Grantees, their successors, heirs and assigns, as well as to the benefit and use of the Grantor, its successors, heirs and assigns, and for the benefit of owners of property served by the easement, or for each authority, commission, corporation, municipality or other agency supplying facilities or providing utility service 2 Installation and Maintenance of Roads Grantor has previously received from Grantee an easement dated December 31, 1998 for the installation of a road upon Grantee's property, (hereafter, the "Fire Service Road") and Grantor has responsibilities under that easement for the installation, construction, reconstruction, relocation, removal, restoration, maintenance, repair, operation and inspection of such Fire Service Road The easement granted hereunder by Grantor does not in any manner change Grantor's responsibilities under that easement from Grantees dated December 31, 1998 However, Grantees and their successors, heirs and assigns shall bear full responsibility for those portions of any roads which are on Grantees' property, other than the Fire Service Road, and which are used to connect with either the Fire Service Road or with roads on Grantor's property to provide Grantees with access to streets in the City of Federal Way, Washington If Grantees utilize roads on Grantor's property for access to streets in the City of Federal Way, the Grantor and the Grantees, and their respective successors, heirs and assigns shall mutually share, in proportion to the number of residential units existing on each of their properties, any costs of reconstruction, relocation, removal, maintenance and repair of that portion of Grantor's roads used by Grantee for access which, following the most direct path thereto, begin at the street or streets owned by the City of Federal Way and end at the boundary of Grantor's and Grantees' properties 3 Utilities Installation and Maintenance Grantor has previously received from Grantee an easement dated December 31, 1998 for the installation of utilities upon and under Grantee's property, (hereafter, the "Utility Easement") and Grantor has responsibilities under that Utility Easement for the costs of installation, construction, reconstruction, relocation, removal, maintenance, repair, operation and inspection of any utilities facilities which are installed over, under or across Grantees' property for Grantor's benefit The easement granted hereunder by Grantor does not in any manner change Grantor's responsibilities under that Utility Easement from Grantees dated December 31, 1998 However, Grantees and their successors, heirs and assigns shall continue to bear full responsibility for any other utilities installations other than those Exclusive Easement Agreement Page 2 described in the Utility Easement which are on Grantees' property and which connect with utilities described in the Utility Easement or with utilities existing on Grantor's property If Grantees utilize utilities facilities on Grantor's property for access to main utility facilities owned by the City of Federal Way, the Grantor and the Grantees, and their respective successors, heirs and assigns shall mutually share, in proportion to the number of residential units existing on each of their properties, any costs of reconstruction, relocation, removal, maintenance and repair of that portion of Grantor's utilities facilities used by Grantee which, following the most direct path thereto, begin at the main utility connections owned by the City of Federal Way and end at the boundary of Grantor's and Grantees' properties 4 Covenants Exclusive to Grantees This agreement shall not be a covenant running with the land, but shall be binding only upon all parties hereto, their respective heirs, successors and assigns Dated this!6/ day of , 2000 Grantor Village Green of Federal Way, A Retirement Community, LLC 3;��7 By Monte B Powell Its Managing Member Grantees Monte B Powell Exclusive Easement Agreement Page 3 Diane E Powell STATE OF WASHINGTON ) ) ss COUNTY OF KING ) On this _�L day of J%Cto jCe , 2000, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn personally appeared Monte B Powell and Diane E Powell, to me known to be the individuals that executed the foregoing instrument as their free and voluntary act and deed for the uses and purposes therein mentioned, and on oath stated that said individuals were authorized to execute said instrument WITNESS my hand and official seal hereto affixed the day and year first above written �•...� Signature o Nota ,PLfNN • Mt58ip4- 6i1 ;Lpt+� Printed��me10, Noof NotaryJO Of J0. �i r "►C ; NOTARY PUBLIC in and for 1- q „ the State of Washington My appointment expires �t j c; r", c--i r-7 Exclusive Easement Agreement Page 4 d w ca V.- Return Address: Lakehaven Utility DistrictP. O. Box 4249 Federal Way, WA 98063-4249 ` 20010606000376 LAKE HAVEN AG 13.60 PAGE 001 OF 006 06/0612601 09 20 KING COUNTY, UA COVER SHEET Document Title: Agreement Reference Number(s): NIA Grantor(s): Village Green of Federal Way, L L.C. Grantee(s): Lakehaven Utility District Legal Description: Lot 2-4, inclusive, KCSP 177086, KCAF 7708100901 Additional legal description is on Page 1 of document Assessor's Property Tax Parcel/Account Number: 3022104-9146, 9147 and 9148 1STRICT ° SE ONLY BELOW THIS LINE Aecoti'at N*tuber:. I Project Number: 1/2145 , 19,0.2000.000 6301013 F,und:.(cfrclOo_ne) Amount: WATER.I4'SEWE $13.00 w m 0 0 c a.a 0 LO c7) O O C'4 TUSCANY Agreement No 01-501 AGREEMENT THIS AGREEMENT, entered into in duplicate between the LAKEHAVEN UTILITY DISTRICT, King County, a municipal corporation of the State of Washington, hereinafter referred to as the "District" and VILLAGE GREEN OF FEDERAL WAY, L.L.C., P.O. BOX 98309, DES MOINES, WA 98198, hereinafter referred to as "Developer". WITNESSETH: WHEREAS, the District operates and maintains sanitary sewer and water distribution systems within its boundaries which can serve property of De- eloper, and WHEREAS, Developer desires to construct certain sewer and water mains and appurtenances at its own cost to serve Developer's property, for delivery to and operation by the District, NOW, THEREFORE, IT IS HEREBY AGREED that• 1. The land for which domestic sewer and water service is requested and to which this Agreement applies, is realty in King County, Washington, legally described as follows Lots 2 through 4, inclusive, King County Short Plat No. 177086, as recorded under Auditor's File No 7708100901, records of King County, Washington, being a portion of the Northeast quarter of the Northeast quarter of Section 30, Township 21 North, Range 4 East, W.M , in King County, Washington, EXCEPT county road By executing tlus Agreement, Developer represents and warrants that it is the owner of record of the above -described property If such representation of ownership is invalid, this Agreement shall be void as to the portion of the property not owned by the Developer Developer agrees that the District may require Developer to furnish a title report for the property at Developer's expense. 2. All legal descriptions shall be furnished by the Developer and shall be stamped and signed by a professional engineer or professional land surveyor licensed in the State of Washington Each description shall be accompanied by a drawing that graphically depicts the legal description. 3. Tlic Developer has paid the required deposit as set forth in Resolution No. 2000-929, or any subsequent amendment thereto. Said deposit shall be held against actual expenses, including all bacteriological testing and sampling. The Distract shall determine, on a regular basis, its actual costs associated with the project and shall submit to Developer, if and at such time as its expenses exceed the deposit herein. an invoice to repay the District for actual costs in excess of the amount previously collected Payment shall be due upon receipt of said invoice. Prior to project acceptance, the District shall estimate its expenses through the one-year maintenance guarantee period and shall issue an invoice to cover such anticipated expenditures, including contingency in the amount of $500 00. Payment of said invoice shall be a condition of final project acceptance. In the event that the deposit exceeds the District's actual expenses, the District shall issue to the Developer, at project closing, a refund of such unused amounts. Page 1 4. In the event this Agreement is not executed and returned, along with the above - referenced charges, within six months from the date of transnuttal of same to the Developer, which date of transmittal is A 242001 , the Agreement shall be void and a new Developer Extension Application, along with application fee, will be required 5. In the event work and construction described herem is not commenced within six (6) months from the date plans and specifications have been approved, this Agreement shall be void and of no force or effect whatsoever. In the event that work has commenced within the time period specified herein, construction shall be completed on or before May 31 20 2 . If construction is not completed by such date, this Agreement shall be void and of no force or effect whatsoever. 6. It is agreed by the parties that time is of the essence in all matters relatmg to the performance of this Agreement 7. The District's engineers shall review final plans and specifications for sewer and water main construction to be performed by the Developer under this Agreement If preliminary plans are not deemed acceptable by the District, Developer shall be obligated to revise the plans and specifications in accordance with design standards deemed acceptable by the District. After Developer has been notified in writing by the District that final plans and specifications have been approved, Developer and Developers contractor shall meet with Distract representatives for a pre - construction conference before construction is commenced. The Developer shall submit mylar originals and duplicate reproducible mylar originals prior to scheduling the preconstruction conference cr) 8. Developer agrees that it shall be responsible for providing to the District accurate and reliable information concerning the actual location of the facilities constructed In furtherance 0 of this obligation, Developer shall procure from its design engineer, Duncanson CoMRgaL `a Inc , or such other licensed engineer or surveyor that will be consulting on the construction o phase ofthe project, a written statement, which shall be submitted to the District prior to scheduling o the preconstruction conference, stating that accurate data will be collected during constriction of the facilities to enable the engineer/surveyor to submit actual and reliable "as -built" locations to the oDistrict, based upon the information available to the engineer/surveyor during construction and also n+ by field survey of the constructed facilities that are accessible at the ground surface. Developer shall cause such englneer/surveyor to submit to the District, prior to scheduling the preconstruction conference, a certificate of insurance for the engincer'slsurveyors Errors and Omissions policy Developer shall also cause such engineer/surveyor to submit to the District, prior to scheduling the preconstruction conference, a certificate of insurance and a copy of an endorsement to the engineet's/surveyoes General Liability policy, naming the District as an additional insured as respects the obligations set forth in this section The limits for Errors and Omissions and General Liability Insurance shall not be less than $1,000,000 00 for each claim; $1,000,000 00 aggregate. At the conclusion of construction and prior to and as a condition of acceptance, the engineer/surveyor shall deliver to the District its certtfication that it has made periodic field investigations and, measurements during construction and that the "as-biult" drawings submitted to the Distract, which drawings shall be provided on diskette in AutoCAD format and on original or fixed -line photo mylar, are accurate and reliable The District shall have the right to approve any change in the consulting engineer or surveyor during the project and Developer agrees that the District may refuse any change in the consulting engineer or surveyor or may condition the same on resubmittal of the certification of location described above No approval of any new engineer or surveyor shall be unreasonably withheld by the District. 9. The District will make application for the City of Federal Way 'Right -Of -way Construction Permit' Developer acknowledges familiarity with the provisions of such Right-of- way Construction Permit and agrees that it or its contractor's failure to comply with any of the provisions of the permit shall entitle the District, in addition to the right to enforce any other remedy available to the City of Federal Way as the permitting party, to immediately stop a" construction activity on the right-of-way until the violation or violations have been elinimated and Page 2 corrected to the satisfaction of the District and the District should not be held liable for any damages, either direct or indirect, for the delay and expense of such work stoppage Developer shall procure all other state, county and city licenses or permits. 10. In addition to all amounts payable by the Developer, as set forth herein, the Developer shall pay, prior to the preconstruction conference, the sum of $14,017 44 as and for a latecomers charge for sewer facilities previously constructed which provide direct benefit to Developers property, or a portion of Developers property, pursuant to and in accordance with District Resolution No 2000-929, Section B, and any subsequent amendments thereto. 11. In the event an easement is required over realty other than realty described in Paragraph No. I herein, such easement, in form acceptable to the District, together with title report or other sufficient proof of ownership of such realty, shall be delivered to the District prior to scheduling the preconstruction conference Developer shall be obligated to obtain a written release from any property owner across wbose property construction is performed pursuant to the grant of an easement, sufficient to indicate that the site restoration on the easement is satisfactory and complete 12. Prior to scheduling the preconstruction conference, Developer shall deliver to the District a restoration performance bond in the sum of $4,000.00, conditioned that Developer will restore to the satisfaction of the District, and state, county, and city agencies as applicable, all work to be performed heremtder in public nghts-of way and District easements. Form and contents of bond shall be determined by the Distnct. 13. Construction shall be performed in accordance with District approved plans and specifications and only under the supervision of workers or craftsmen experienced in the installation of sewer and water mains and the related work 14. By execution of this Agreement the District does not guarantee water and/or sanitary sewer service will be provided to realty described hereui in the event that any District © facilities, such as storage tanks, wells, hft stations, treatment plants, water transmission mains and sewer trunk lines, become utilized beyond their design or approved capacity or become inoperable for any cause, the District reserves the right to refuse any connections which would use such facility until remedial action has been completed, and the District shall not be liable for any direct or n consequential damages which occur to Developer ansing out of such District refusal to connect or o time delay necessary to take remedial action Nis. The Developer and its agents agree to indemnify and hold the District harmless from any and all claims which may be assessed against the Distract as a result of the construction or maintenance of the work described in this Agreement prior to acceptance by the District. The Developer shall maintain in full force and effect dunng the construction period, the following insurance. a Commercial General Liability Insurance with bodily injury and property damage hnuts of not less than: $I,000,000.00 Each Occurrence $2,000,000.00 General Aggregate $2,000,000 00 Products -Completed Operations Aggregate Limit b Business Auto Liability coverage for all owned, non -owned, and hired autos with bodily injury and property damage limits of not less than $1,000,000.00 Each Accident Page 3 �o m 0 0 0 0 0 A certificate of insurance and a copy of an endorsement to the Developer's Commercial General Liability Insurance policy, showing the District as additional insured as respects the work to be performed under this Agreement, shall be provided prior to scheduling the preconstruction conference. Thirty (30) days written notice shall be given to the District for cancellation or expiration of this insurance. 16. Developer shall notify the District the date work and construction described in this Agreement will commence, and said notice shall be given not less than 72 hours (not including Saturday, Sunday, or national holidays) prior to such elate. No sewer or water facility shall be covered prior to inspection. After work is commenced, it shall vigorously, consistently, and in a first-class workmanlike manner be carried to completion. Developer shall maintain at the construction area at all times during construction, a representative to whom District notices may be given regarding construction Said representative shall be designated in writing by the Developer before start of work. Developer may request inspections during construction upon two (2) days notice to the District. 17. Testing of sewer and water facilities shall be performed as required by the District and only after satisfactory tests have been completed and witnessed by the District's designated agent, will the work be accepted. Developer agrees that at such time as the District has performed inspection of the sewer and water connections and has delivered itemized punch lists to Developer and/or Developers contractor, that the project will be pursued to final completion, including the performance of all necessary site restoration. 18. Upon completion of construction, Developer or contractor shall deliver to the District a bond in the amount of ten percent (10%) of construction costs or $5,000 00, whichever is greater, that a reliable contractor will make and pay for repairs necessary within one (1) year from the date of acceptance of said construction, arising from faulty labor or material Form of bond is to be approved by attorney for the District. Developer shall also deliver Bills of Sale for sewer and water mains and appurtenances installed and constructed pursuant to this Agreement, together with permanent easements for their location in a form acceptable to the District 19. Upon completion of construction, Developer shall submit, for acceptance and approval of the District, a statement of monies and/or other accounting of monies expended to perform construction described herein, together with such other engineering records and data as may be required by the District. 20. in the event Developer requests and the District provides water meters for the realty described herein, prior to District's acceptance of work, Developer agrees to be solely responsible for any loss or damage to such water meters or their installation, which occurs prior to said acceptance of work by the District 21. Work and construction performed under this Agreement shall not be connected to the District's sewer and/or water systems until all provisions and requirements of this Agreement and District Resolutions, on the part of the Developer, have been frilly complied with. 22. The District and Developer agree that in carrying out the terms of this contract, the Developer shall be acting as an independent contractor and in no respect shall Developer be deemed an agent or partner of Lakehaven Utility District 23. Developer shall not assign this contract without the written consent of the District. 24. The District shall provide sanitary sewer service following the District's acceptance of the sanitary sewer system for operation and maintenance and upon payment of the connection charges as set forth and in accordance with District Resolution No 2000-929 Said connection charges shall consist of the Capital Facilities Charge (CFC), Side Sewer Permit Deposit and any other such charges to be levied in accordance with said District Resolution No 2000-929 or amendments thereto or any other applicable District Resolution at time service is requested Page 4 25. The District shall provide water service following the District's acceptance of the water distribution system for operation and maintenance and upon payment of the connection charges as set forth and in accordance with District Resolution No 2000-929 Said connection charges shall consist of the Capital Facilities Charge (CFC), Metes Installation Charge and any other such charges levied in aceordanee with said District Resolution No 2000-929 or amendments thereto or any other applicable District Resolution at time service is requested 26. Partial waiver or waiver by acquiescence by the District of any provision or condition of this Agreement shall not be a waiver of any other provision or condition of this Agreement 27. This Agreement shall constitute an easement and servitude upon tiie property described herein and shall be binding upon the heirs, assigns and successors in Interest to the Developer This Agreement shall constitute an equitable lien against property described herein and in the event of nonperformance by Developer, as stated herein, the Distract may foreclose said lien in the manner authorized by law 28. This writing constitutes the full and only agreement between the parties, there being no promises, agreements or understandings, written or oral, except as herein set forth, or as hereinafter may be amended in writing. 29. Upon execution of this Agreement, the parties agree in the event either of them is required to enforce any provision or provisions of this Agreement against the other, that the prevailing parry shall he entitled, in addition to all other amounts to which it is otherwise entitled by this Agreement, to its actual attorney's fees and costs, including those incurred on appeal. WITNESS our hands and seals UO VILLAGE GREEN OF FEDERAL WAY, LLC LAKEHAVEN UTILITY DISTRICT � King County, Washington 0 o By —7 o Engineering Manager o Its Managing Member o Date 1 2-7 10j Dated c:' , N STATE OF WASHINGTON ) ss: County of King ) I certify that I know or have satisfacto evidence that N22b awaL signed this instrument, on oath stated that was authorized to execute the instrument and acknowledged it as the Managmg Member of VILLAGE GREEN OF FEDERAL WAY, L.L.C. , to be the free and voluntary act of such party for the uses and purposes mentioned in the tnstniment. DATED 'y 27 Loi 4�k��•..p f►+ NotarvPublsc . ; . : a SOTAgy Title cry •, PuBM My appointment expires It Page 5 1 Return Address: Lakehaven Utility District Development Services P. O. Box 4249 Federal Way, WA 98063-4249 i COVERSHEET Document Title: Amendment to Developer Extension Agreement (Tuscany) Reference Number(s): d, 20010606000376 Grantor(s): Village Green of Federal Way LLC Grantee(s): o Lakehaven Utility District Legal Description: Lots 2-4, KCSP 177086, KCAF 7708100901 Additional legal description is on Page 1 of Agreement (20010606000376) cv Assessor's Property Tax Parcel/Account Number: 302104-9146, 9147 & 9148 DIS'I'rdpruft ONLY••Bnow TOS I ;Alec riot N►n er: Pr'opet Nuimlie7r: 4.243.100:20&000 / 2.245, L00.20017.000 Fudd: (cir'cle one) Amount: WATER / SEWER J,O1N $ 21.00 6301013 TUSCANY Agreement No 01-501 AMENDMENT TO DEVELOPER EXTENSION AGREEMENT THIS AMENDMENT, entered into in duplicate between the LAKEHAVEN UTILITY DISTRICT, King County, a municipal corporation of the State of Washington, hereinafter referred to as the "District", and VILLAGE GREEN OF FEDERAL WAY, L.L.C., P.O. BOX 98309, DES MOINES, WA 98198, hereinafter referred to as the "Developer" WITNESSETH: C" WHEREAS, the District and Developer previously entered into a Developer Extension c Agreement on April 30, 2001, hereinafter referred to as "Agreement", to provide for the construction of certain water and sewer facilities for connection to the District's water distribution © and sanitary sewer collection systems, which Agreement was recorded under King County Auditor's File No. 20010606000376, and WHEREAS, to accommodate Developer's construction schedule, the District desires to allow an extension in the construction period, as same is referenced in the Agreement; NOW, THEREFORE, BE IT AGREED as follows: 1. It is agreed that the original completion date set forth in Paragraph No. 5 of the Agreement shall be extended to May 31, 2003, in conformance with the provisions set forth therein 2. All other terms and conditions of the Developer Extension Agreement as originally executed shall remain in full force and effect. Page 1 WITNESS our hands and seals. VILLAGE GREEN OF FEDERAL WAY, L.L.0 By /,-� i — Its Managing Member Date: LAKEHAVEN UTILITY DISTRICT King County, Washington Engineering Manager Dated. N.Z �- STATE OF WASHINGTON ) ss. County of King ) I certify that I know or have satisfactory evidence that J%'�S Powt�- °J signed this instrument, on oath stated that was authorized to execute the instrument and � acknowledged it as the ManMno Member of VILLAGE GREEN OF FEDERAL WAY L L.C. , to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. cm DATED. r i a0TAgl. �s p �� ] NotM Public [ a c`r',, ] Title E RUC ] `�''•. r S +, My appointment expires For recording in the State of Washington, the Notarial Seal must be fully legible and cannot intrude into document marguis Please affix seal in the space provided Page 2 20040114002177.001 Return Address: Lakehaven Utility District Development Services P O. Box 4249 Federal Way, WA 98063-4249 2004011002177 �plfEHaVEH UTI - Rn11D 21 @@ PRG6061 OF 003 K.33 ING�COi@1�YV . tjA COVERSHEET Document Title: Amendment to Developer Extension Agreement (Tuscany) Reference Number(s): 20010606000376 & 20020808001539 Grantor(s): Village Green of Federal Way LLC Grantee(s): Lakehaven Utility District Legal Description: Lots 2-4, KCSP 177086 KCAF 7708100901 Assessor's Property Tax Parcel/Account Number: 302104-9146, 9147 & 9148 DISTRICT USE ONLY BELOW THIS LINE Account Number: Project Number: 1/2.245.100,2000.000 6301013 Fund: (circle one) Amount: WATER /SEWER JOINT $ 21.00 i. 20040114002177.002 TUSCANY Agreement No. 01-501 AMENDMENT TO DEVELOPER EXTENSION AGREEMENT THIS AMENDMENT, entered into in duplicate between the LAKEHAVEN UTILITY DISTRICT, King County, a municipal corporation of the State of Washington, hereinafter referred to as the "District", and VILLAGE GREEN OF FEDERAL WAY, L.L.C., P.O. BOX 98309, DES MOINES, WA 98198, hereinafter referred to as the "Developer!': WITNESSETH: WHEREAS, the District and Developer previously entered into a Developer Extension Agreement on April 30, 2001, hereinafter referred to as "Agreement", to provide for the construction of certain water and sewer facilities for connection to the District's water distribution and samtary sewer systems, which Agreement was recorded under King County Auditor's File No 20010606000376, and WHEREAS, following execution of the Agreement, the parties executed an Amendment, which is dated May 16, 2002, and recorded under King County Auditor's File No 20020808001539 providing for the extension of the completion date, and WHEREAS, to accommodate Developer's construction schedule, the District desires to allow an extension in the construction period, as same is referenced in the Agreement, NOW, THEREFORE, BE IT AGREED as follows 1. It is agreed that the original completion date set forth in Paragrapli No 5 of the Agreement shall be extended to May 31, 2004, in conformance with the provisions set forth therein Page 1 20040114002177.003 2. All other terms and conditions of the Developer Extension Agreement as originally executed shall remain in full force and effect WITNESS our hands and seals. VILLAGE GREEN OF FEDERAL WAY, LLC By Its Date - STATE OF WASHINGTON ) ) SS. County of King ) LAKEHAVEN UTILITY DISTRICT King County, Washington Engineering Manager Dated- S,.f I certify that I know or have satisfactory evidence that AroS PcuaU signed this instrument, on oath stated that Kt-, was authorized to execute the instrument and acknowledged it as Oid _ a 6,f• of Village Green of Federal Way, LLC , to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED- 9—! b-03 o tAOTARI' 0 ri PUBLIC � �tr�d'°WASIfi�� For recording in the State of Washington, the Notarial Seal must be fully legible and cannot intrude into document margins Please affix seal in the space provided Notary Public Title My appointment expires 10— —D Page 2 20041021000079.0011 Return Address: Lakehaven Utility District Development Services rr�� P. O. Box 4249 gOID41021000079 Federal Way, WA 98063-4249 AING COUNTY0ST AMD 22-00 E801 OFKIN1COUN GTY. UP COVER SHEET Document Title: Amendment to Developer Extension Agreement (Tuscany) Reference Number(s): 90010606000376,20020808001539 & 20040114002177 Grantor(s): Village Green of Federal Way, LLC Grantee(s): Lakehaven Utility District Legal Description: Lots 2-4, KCSP 177086, KCAF 7708100901 Assessor's Property Tax parcel/Account Number: 302104-9146, 9147 & 9148 DISTRICT USE ONLY BELOW THIS LINE Project Number: Account Number: 1/2.245.100.2000.000 Fund: (circle' one) Amount: WATER / SEWER JOINT $ 22.00 6301013 14 11 20041021000079.002] s TUSCANY Agreement No. 01-504 AMENDMENT TO DEVELOPER EXTENSION AGREEMENT THIS AMENDMENT, entered into in duplicate between the LAKEHAVEN UTILITY DISTRICT, King County, a municipal corporation of the State of Washington, hereinafter referred to as the "District", and VILLAGE GREEN OF FEDERAL WAY, L.L.C., P.O. BOX 98309, DES MOINES, WASHINGTON 98198, hereinafter referred to as the "Developer": WITNESSETH: WHEREAS, the District and Developer previously entered into a Developer Extension Agreement on April 30, 2001, hereinafter referred to as "Agreement", to provide for the construction of certain water distribution and sanitary sewer facilities for connection to the District's water and sewer systems, which Agreement was recorded under King County Auditor's File No. 20010606000376, and WHEREAS, following execution of the Agreement, the parties executed an Amendment, which is dated May 16, 2003, and recorded under King County Auditor's File No. 20020808001539, providing for the extension of the completion date, and WHEREAS, following execution of the Amendment, the parties executed a second Amendment, which is dated September 25, 2003, and recorded under King County Auditor's File No. 2004011002177, providing for the extension of the completion date, and Page 1 20041021000079.003] WHEREAS, to accommodate Developer's construction schedule, the District desires to allow an extension in the construction period, as same is referenced in the Agreement; NOW, THEREFORE, BE IT AGREED as follows: 1. It is agreed that the original completion date set forth in Paragraph No. 5 of the Agreement shall be extended to May 31, 2005, in conformance with the provisions set forth therein. 2. All other terms and conditions of the Developer Extension Agreement as originally executed shall remain in full force and effect. WITNESS our hands and seals. VILLAGE GREEN OF FEDERAL WAY, L.L.C. By .2 Its Date: 91,A) Page 2 LAKEHAVEN UTILITY DISTRICT King County, Washington Engineering Manager Dated:_ i -w 20041021000079.004] STATE OF WASHINGTON ) ss. County of King ) I certify that I know or have satisfacta 'deuce that a�L . 7 D�il.�.� signed this instrument, o ath stated that M.�as authorized to execute the instrument and acknowledged it as the _ I� Uzgf / of VILLAGE GREEN OF FEDERAL WAY L.L.C. , to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. i DATED: [ pp, t.. pq i�� 7o�NCr�fly. [ � �1fiLiC [ th��WASYh_ For recording in the State of Washington, the Notarial Seal must be fully legible and cannot intrude into document margins. Please affix seal in the space provided. Not Public Title r My appointment expires r Page 3 01 20060929002962.001 Return Address: Lakehaven Utility District MDevelopment Services 111 1111 P. O. Box 4249 200509290 2962 Federal Way, WA 98063-4249 DL KEYBANK NA MIND 35.00 PAGE001 OF 004 09/29/2005 14:16 KING COl1NTY , WA COVERSHEET DISTRICT USE ONLY BELOW THIS LINE Account gum' ber: I Project Number: 2273.000.000 Fund: (circle one) Amount: WATER 1 SEWE /JOINT $ 35.00 6301013 20050929002962.002 TUSCANY Agreement No. 01-5w AMENDMENT TO DEVELOPER EXTENSION AGREEMENT THIS AMENDMENT, entered into in duplicate between the LAKEHAVEN UTILITY DISTRICT, King County, a municipal corporation of the State of Washington, hereinafter referred to as the "District", and VILLAGE GREEN OF FEDERAL WAY, L.L.C., P.O. BOX 98309, DES MOINES, WASHINGTON 98198, hereinafter referred to as the "Developer": WITNESSETH: WHEREAS, the District and Developer previously entered into a Developer Extension Agreement on April 30, 2001, hereinafter referred to as "Agreement", to provide for the construction of certain water distribution and sanitary sewer facilities for connection to the District's water and sewer systems, which Agreement was recorded under King County Auditor's File No. 20010606000376, and WHEREAS, following execution of the Agreement, the parties executed an Amendment, which is dated May 16, 2003, and recorded under King County Auditor's File No. 20020808001539, providing for the extension of the completion date, and WHEREAS, following execution of the first Amendment, the parties executed a second Amendment, which is dated September 25, 2003, and recorded under King County Auditor's File No. 2004011002177, providing for the extension of the completion date, and 'Page 1 20050929002962.003 WHEREAS, following execution of the second Amendment, the parties executed a third Amendment, which is dated May 18, 2004, and recorded under King County Auditor's File No. 200410210000079, providing for the extension of the completion date, and WHEREAS, to accommodate Developer's construction schedule, the District desires to allow an extension in the construction period, as same is referenced in the Agreement; NOW, THEREFORE, BE IT AGREED as follows: 1. It is agreed that the original completion date set forth in Paragraph No. 5 of the Agreement shall be extended to May 31, 2006, in conformance with the provisions set forth therein. 2. All other terms and conditions of the Developer Extension Agreement as originally executed shall remain in full force and effect. WITNESS our hands and seals. VILLAGE GREEN OF FEDERAL WAY, L.L.C. By Its Date: Page 2 LAKEHAVEN UTILITY DISTRICT King County, Washington Engineering Manager Dated: 20060929002962.004 STATE OF WASHINGTON. ) ss. County of King ) I certify that I know or have satisfactory evidence that D rt rJ • T G signed this instrument, on oath stated that —was authorized to execute the instrument and Q. acknowledged it as the n& � _ of VILLAGE GREEN OF FEDERAL WAY, L.L.C., to lie e free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED: 0 ►ZU RS D� Notary Public Title My appointment expires l a/a Page 3 *, 20060126000473.001 Return Address: Lakehaven Utility District 1111111 IF 13 El 1111111111111 M 111111111 IF 11111111111111 A Development Services 20060126000473 P. O. Box 4249 ICING COUNTY FI AMNO 37.00 Federal Way, WA 98063-4249 PAGE001 OF 006 KINGgCOUNTTY, UA COVERSHEET Document Title: Amendment to Developer Extension Agreement (Tuscany) Reference Number(s): 20010606000376,20020808001539,20040114002177,20041021000079 & 20050929002962 Grantor(s): Village Green of Federal Way LLC Grantee(s): Lakehaven Utility District Legal Description: Lots 2-4, inclusive, KCSP 177086, KCAF 77081000901 Assessor's Property Tax Parcel/Account Number: 302104-9146,9147 & 9148 DISTRICT USE ONLY BELOW THIS LINE_ ;Accoituf Number: Project,Number: 2273..000:000 -Fund: (circle one) Amount: WATER / SEWER O NT $37.00 6301013 20060126000473.002 TUSCANY, Agreement No. 01-501 Amendment No. 5 AMENDMENT TO DEVELOPER EXTENSION AGREEMENT THIS AMENDMENT, entered into in duplicate between the LAN EHAVEN UT LM DISTRICT, King County, a municipal corporation of the State of Washington, hereinafter referred to as the "District", and VILLAGE GREEN OF FEDERAL WAY, LLC., P.O. BOX 98309, DES MOINES, WASHINGTON 98198, hereinafter referred to as the "Developer": WITNESSETH: WHEREAS, the District and Developer previously entered into a Developer Extension Agreement on April 30, 2001, hereinafter referred to as "Agreement", to provide for the design and construction of certain water distribution and sanitary sewer facilities for connection to the District's water and sewer systems in conjunction with Developer's design and construction of a residential subdivision identified as the Plat of Tuscany, which Agreement was recorded under King County Auditor's File No. 20010606000376;and WHEREAS, following execution of the Agreement, the parties executed an Amendment, which is dated May 16, 2002, and recorded under King County Auditor's File No. 20020808001539, extending the completion date; and WHEREAS, following execution of the first Amendment, the parties executed a second Amendment, which is dated September 25, 2003, and recorded under King County Auditor's File No. 20040114002177, extending the completion date; and WHEREAS, following execution of the second Amendment, the parties executed a third Amendment, which is dated May 18, 2004, and recorded under King County Auditor's File No. 200410210000079, extending the completion date; and WHEREAS, following execution of the third Amendment, the parties executed a fourth Amendment, which is dated July 11, 2005, and recorded under King County Auditor's File No. 20050929002962, extending the completion date; and WHEREAS, the District recognizes that in order that sufficient capacity be available for future connections to the District's sewer system, it will be necessary that a segment of the District's existing sewer system, located within the parcel to be developed as the Plat of Tuscany, be removed and replaced with larger facilities, and modified to accommodate the new larger facilities; and WHEREAS, said segment of existing District sewer system to be removed, replaced and modified has sufficient capacity to serve existing and anticipated development in the immediate area, including the Plat of Tuscany; and 20060126000473.003 TUSCANY, Agreement No. 01-501 Amendment No. 5 WHEREAS, the District has determined that the District will benefit by construction of said improvements in conjunction with construction of the water and sewer facilities under the Agreement; and WHEREAS, the District maintains a policy relating to such oversizing of facilities, which provides for the District to reimburse a developer for eligible costs associated with the installation of facilities and related work not required to serve the developer's property, and WHEREAS, the parties having identified the necessity for such oversizing and believing the terms for reimbursement to be mutually beneficial; and WHEREAS, paragraph 10 of the Agreement identified a latecomers charge for sewer facilities previously constructed which provide direct benefit to Developer's property; and WHEREAS, the District has determined that the latecomers charge specified in Paragraph 10 of the Agreement erroneously excluded as applicable latecomer charge for the 8-inch diameter equivalent of the 24-inch diameter trunk sewer that traverses the parcel to be developed as the Plat of Tuscany, as segment of which will be removed and replaced under this Amendment No. 5; and WHEREAS, the term of the latecomers agreement for which the latecomer charge was specified in Paragraph 10 of the Agreement has expired and is no longer applicable, and WHEREAS, the District has determined the current and correct amount of latecomers change applicable to the Plat of Tuscany; NOW, THEREFORE, IT IS HEREBY AGREED THAT: 1. Paragraph 10 of the Developer Extension Agreement is revised to read: "10. In addition to all amounts payable by the Developer, as set forth herein, the Developer shall offset from its third progress payment request as described below, the sum of $38,995.41 as and for a latecomers charge for sewer facilities previously constructed which provide direct benefit to Developer's property, or a portion of Developer's property, pursuant to and in accordance with District Resolution No. 2000-929, Section B, and any a subsequent amendments thereto. Said charge is based on a latecomer charge of $55.47 per front foot of duel frontage, and 703 linear feet of equivalent 8-inch diameter pipe with dual frontage through the Plat of Tuscany." 20060126000473.004 TUSCANY, Agreement No. 01-501 Amendment No. 5 2. A new paragraph, enumerated as paragraph 14A, shall be added to the Agreement: "14A. The parties acknowledge that a potion of the sewer facilities to be removed, installed and modified pursuant to this Agreement, which are more particularly referenced as removal of approximately 200-linear feet of 24-inch diameter concrete sewer pipe, modification of two (2) existing manholes, installation of approximately 210-linear feet of 36-inch diameter sewer pipe, one (1) 54-inch diameter Type 2 manhole, and related improvements as more specifically set forth hereunder, and on the District approved plans for the Plat of Tuscany, consist of an overslzing of facilities as same is described in District resolution No. 86-070, Subsection 2, the provisions of which resolution or any amendment thereto are incorporated herein by reference, and except as specified hereunder. The District agrees to pay to Developer, on condition of Developer's compliance with the requirements established by the District for same, the cost of such oversizing for the eligible components of the following: a. Design Engineering, including design, preparation of plans, specifications and estimate{s), and coordination with and plan review by the District. b. Construction, including mobilization, survey and quality control, temporary erosion and sedimentation control, traffic control, removal and disposal of structures and obstructions, structure excavation including haul, trench safety, pipe and manhole installation including i bedding and backfill, manhole modifications, pump around, cleanup demobilization, related work and District inspection. C. Construction Engineering, including construction contract administration, construction monitoring and documentation, preparation of "as-builts" and post -construction project closeout and documentation. d. Maintenance and Bonding, including maintenance and bond costs resulting from the oversized sewer facilties. The District shall pay the Developer $23,685 for Design Engineering and Construction Engineering. The District shall pay the Developer $80,446 for Construction and Maintenance and Bonding. If the amount payable by the District exceeds 49❑/❑ of the cost of constriction of the sewer and water improvements installed by the contractor for the entire project, Developer or its contractor shall comply with the requirements of RCW Chapter 39.12 (Prevailing Wage), and provide adequate proof of same. 3 20060126000473.005 r ' TUSCANY, Agreement No. 01-501 Amendment No. 5 The District may order changes in the work within the general scope of the contract consisting of additions, deletions or other revisions. Unforeseen conditions necessitating additions, deletions or other revisions to the District approved plans shall be considered a change in the work. If any changes, alterations or additions requested by the District or necessitated by unforeseen conditions result in additional costs to Developer, the amount due Developer snail be adiusted accordingly. Such changes in the work shall be authorized by written change order signed by the District and the Developer. Developer has asserted a claim for Holding Costs due to an alleged delay in design and permitting. The District denies that it is responsible for any delay. Developer has also asserted a claim for a 5% Developer's Fee on the cost of work. The District disagrees with Developer's entitlement to a fee. The District and Developer shall endeavor to resolve their dispute over the Holding Costs and Developer's Fee by negotiation. Absent resolution, on or before November 30, 2005, the District shall issue a final decision to Developer. Claims, disputes and other matters in question arising out of this Amendment shall be decided by arbitration which, unless the parties mutually agree otherwise, shall be in accordance with the Construction Industry Arbitration Rules of the American Arbitration .Association I%Wi currently in effect. The demand for arbitration shall be filed in writing with the other party to this Amendment and shall be made within a reasonable time after the dispute has arisen. The award rendered by the arbitrator shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. Except as modified herein, payment shall be made pursuant to District Policy No. 300-04, the provisions of which policy or any amendment thereto are incorporated herein by reference and to the extent consistent with this Amendment No, 5. Such payment shall be full payment to the Developer for: furnishing all materials and performing all work under this Amendment No. 5 in a complete manner and acceptable to the District. Three progress payments shall be paid by the District to the Developer during progress of the project. The first progress payment shall cover Design Engineering and Construction Engineering costs associated with design of the oversizing work. Upon execution of this Amendment, Developer shall submit an invoice for the first progress payment, an or before December 1, 2005, Developer shall submit a second progress payment request for Design Engineering, Construction Engineering and Construction costs to date. Developer shall submit the third and final progress payment request on or before January 3, 2006. 4 20060126000473.006 TUSCANY, Aeement No. 01-501 Amendment No. 5 The District will retain 5-percent of the Construction Costs pending final acceptance of the oversize work by the District, including confirmation of release of liens, claims against retainage, and receipt of releases from the State of Washington Department of Revenue, Department of Labor and Industries, and Employment Security Department, as applicable. The District agrees that Developer shall not be liable for loss, damage, loss of use or other incidental or consequential damages suffered by the District or others occasioned by failure of the oversizing work to provide sufficient capacity for future connections to the District's sewer system. 3. All other terms and conditions of the Agreement as originally executed shall remain in full force and effect. WITNESS our hands and seals. VILLAGE GREEN OF FEDERAL WAY LLC By: — Its: Date: �� Z LAKEHAVEN UTILITY DISTRICT King County, Washington Engineering Manager Date: /fib t-14 `a. c i s 5 Return Address: Lakehaven Utility District Development Services P. 0. Box 4249 Federal Way, WA 980634249 I� 201 ,{�07m��03 p G081201RL �1 gSup KING COUNTY , ��. COVER SHEET Document Title: Certificate of Completion/Release of Lien (Tuscany) Reference Number(s): 20010606000376,20020808001539,20040114002177,20041021000079, 20050929002962,20060126000473 & 20060503000729 Grantor(s): Village Green of Federal Way, LLC Grantee(s): Lakehaven Utility District Legal Description: Lot 2-4, inclusive, KCSP #177086, KCAF #7708100901 Additional legal description is on Exhibit "A" ofori ,ina[ document. Assessor's Property Tax Parcel/Account Number: 302104-9146, 9147 & 9148 DISTRICT USE ONLY BELOW THIS LINE Account Number: Project Number: 5321.451.003 Fund: (circle one) Amount: WATER / SEWER JOI�f" $63.00 N/A WMEM LAKEHAVEN UTILITY DISTRICT CERTIFICATE OF COMPLETION / RELEASE OF LIEN The undersigned, the appointed member of LAKEHAVEN UTILITY DISTRICT, King County, Washington, hereby certifies that all work required to be performed pursuant to Developer Extension Agreement No. 01-501 dated April 30, 2001 and recorded under King County Auditors File No. 20010606000376 and Amendments to Developer Extension Agreement dated May 16, 2002 recorded under King County Auditor's File No. 20020809001539, September 25, 2003 recorded under King County Auditor's File No. 20040114002177, May 18, 2004 recorded under King County Auditor's File No, 20041021000079, July 11, 2005 recorded under King County Auditor's File No. 20050929002962, November 14, 2005 recorded under King County Auditor's File No. 20060126000473, February 9, 2006 recorded under King County Auditor's File No. 20060503000729 for the Development of Tuscany has been satisfactorily completed. The Developer, Village Green of Federal Way, LLC, has fully complied with all of the Developer's obligations pursuant to said agreement, and without waiving the bond indemnity provision or other requirements operation, in said agreements, the District has accepted the facilities referred to therein for maintenance and The lien created by Paragraph 27 of said agreement is hereby satisfied and released; PROVIDED, however, connection fees as described in said agreement may be payable on the realty described tlierein and no sanitary sewer and/or water service will be provided by the District until such fees have been paid in full. Dated this yday of 2D 1( STATE OF WASHINGTON ) County of Kin ss:) LAKEHAVEN UTILITY DISTRICT King County, Wa 1 g By: John C. wman General nager i certify that I know or have satisfactory evidence that John C, Bowman signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Water Manager of LAKEHAVEN UTILITY DISTRICT to be the free and voluntary act of such parry for the uses and purposes mentioned in the instrument. DATED: ='2v,aoll f 1 Chfistle Ann Jenkins -House NOTARY PUBLIC Notary public State of Washington Title My Commission Expirge 02-75-2Di2 My Appointment expires LUD 201.D.21 (03/01) (3 Record Numbers) It 4. 0 cd P-4 rA F" rd 2 8'� c as te ? w -j Q L N 15 51 z C) C) CD -z" ---i CD F -T a 4 E DI - a ki - MS 3AV 1Si p _ c"za; Y;,R�Qd ooe i[rhrH7x11 rrr� .e.o ecry AI Cl /Of U)I) 1 tea. E oYl' MS 3AV -LSl n 0�. 0 J LU Lo i:r az 3AJ LU -�D K. I LI rz c let if, MS ':3AV .0 CNZ x Lo L w ) Q oY Is ;kt U) z ly 9 w 1z MS 3AV HL-p 1;!U1 In —I Ln ri aiv3s oilwVao 20050929002960.001 Return Address: Lakehaven Utility District Development Services P. 0. Box 4249 Federal Way, WA 98063-4249 Document Title: Agreement (Cottages West) Reference Number(s): 20050929002960 KEYBANK NA AG 40.00 KING COUNTY, WA COVER SHEET Grantor(s): Village Green of Federal Way LLC Grantee(s): Lakehaven Utility District Legal Description: Lot E of Federal Way BLA #00-104014-00-SU, KCAF 20011205900002 Additional legal description is on Exhibit "A" of document Assessor's Property Tax Parcel/Account Number: 302104-9146 Account Number: DISTRICT USE ONLY BELOW THIS LINE 2273.000,000 Project Number: Fund: (circle one) Amount: WATER) SEWE 170 $ 40.00 6305004 20050929002960.002 COTTAGES WEST Agreement No. 05-610 AGREEMENT THIS AGREEMENT, entered into in duplicate between the LAKEHAVEN UTILITY DISTRICT, King County, a municipal corporation of the State of Washington, hereinafter referred to as the "District" and VILLAGE GREEN OF FEDERAL WAY, L.L.C., P.O. BOX 983091) DES MOINES, WASHINGTON 98198, hereinafter referred to as "Developer". WITNESSETH: WHEREAS, the District operates and maintains sanitary sewer and water distribution systems within its boundaries which can serve property of Developer, and WHEREAS, Developer desires to construct certain sewer and water mains and appurtenances at its own cost to serve Developer's property, for delivery to and operation by the District, NOW, THEREFORE, IT IS HEREBY AGREED that: 1. The land for which domestic sewer and water service is requested and to which this Agreement applies, is realty in King County, Washington, legally described in Exhibit "A", attached hereto and by this reference incorporated herein. By executing this Agreement, Developer represents and warrants that it is the owner of record of the above -described property. If such representation of ownership is invalid, this Agreement shall be void as to the portion of the property not owned by the Developer. Developer agrees that the District may require Developer to furnish a title report for the property at Developer's expense. 2. All legal descriptions shall be furnished by the Developer and shall be stamped and signed by a professional land surveyor licensed in the State of Washington. Each description shall be accompanied by a drawing that graphically depicts the legal description. Page 1 20050929002960.003 3. The Developer has paid the required deposit as set forth in Resolution No. 2004- 1028, or any subsequent amendment thereto. Said deposit shall be held against actual expenses, including all bacteriological testing and sampling. The District shall determine, on a regular basis, its actual costs associated with the project and shall submit to Developer, if and at such time as its expenses exceed the deposit herein, an invoice to repay the District for actual costs in excess of the amount previously collected. Payment shall be due upon receipt of said invoice. Prior to project acceptance, the District shall estimate its expenses through the two-year maintenance guarantee period and shall issue an invoice to cover such anticipated expenditures, including contingency in the amount of $500.00. Payment of said invoice shall be a condition of final project acceptance. In the event that the deposit exceeds the District's actual expenses, the District shall issue to the Developer, at project closing, a refund of such unused amounts. 4. In the event this Agreement is not executed and returned, along with the above - referenced charges, within six months from the date of transmittal of same to the Developer, which date of transmittal is June 15, 2005 , the Agreement shall be void and a new Developer Extension ✓ Application, along with application fee, will be required. 5. In the event work and construction described herein is not commenced within six (6) months from the date plans and specifications have been approved, this Agreement shall be void and of no force or effect whatsoever. In the event that work has commenced within the time period specified herein, construction shall be completed on or before June 34 2006 . If construction is not ✓ completed by such date, this Agreement shall be void and of no force or effect whatsoever. 6. It is agreed by the parties that time is of the essence in all matters relating to the performance of this Agreement. 7. The District's engineers shall review final plans and specifications for sewer and water main construction to be performed by the Developer under this Agreement. If preliminary plans are not deemed acceptable by the District, Developer shall be obligated to revise the plans and specifications in accordance with design standards deemed acceptable by the District. After Developer has been notified in writing by the District that final plans and specifications have been approved, Developer and Developer's contractor shall meet with District representatives for a pre - construction conference before construction is commenced. The Developer shall submit mylar originals and duplicate reproducible mylar originals prior to scheduling the preconstruction conference. 8. Developer agrees that it shall be responsible for providing to the District accurate and reliable information concerning the actual location of the facilities constructed. In furtherance of this obligation, Developer shall procure from its design engineer, DIUNCANSCN CONPANY, INC., or such other licensed engineer or surveyor that will be consulting on the construction phase of the project, a written statement, which shall be submitted to the District prior to scheduling the Page 2 20050929002960.004 preconstruction conference, stating that accurate data will be collected during construction of the facilities to enable the engineer/surveyor to submit actual and reliable "as -built" locations to the District, based upon the information available to the engineer/surveyor during construction and also by field survey of the constructed facilities that are accessible at the ground surface. Developer shall cause such engineer/surveyor to submit to the District, prior to scheduling the preconstruction conference, a certificate of insurance for the engineer's/surveyor's Errors and Omissions policy. Developer shall also cause such engineer/surveyor to submit to the District, prior to scheduling the preconstruction conference, a certificate of insurance and a copy of an endorsement to the engineer's/surveyor's General Liability policy, naming the District as an additional insured as respects the obligations set forth in this section. The limits for Errors and Omissions and General Liability Insurance shall not be less than $1,000,000.00 for each claim; $1,000,000.00 aggregate. At the conclusion of construction and prior to and as a condition of acceptance, the engineer/surveyor shall deliver to the District its certification that it has made periodic field investigations and measurements during construction and that the "as -built" drawings submitted to the District, which drawings shall be provided on diskette in AutoCAD format and on original or fixed -line photo mylar, are accurate and reliable. The District shall have the right to approve any change in the consulting engineer or surveyor during the project and Developer agrees that the District may refuse any change in the consulting engineer or surveyor or may condition the same on resubmittal of the certification of location described above. No approval of any new engineer or surveyor shall be unreasonably withheld by the District. 9. The District will make application for the City of Federal Way Right-of-way Construction Permit'. Developer acknowledges familiarity with the provisions of such Right-of- way Construction Permit and agrees that it or its contractor's failure to comply with any of the provisions of the permit shall entitle the District, in addition to the right to enforce any other remedy available to the City of Federal Way as the permitting party, to immediately stop all construction activity on the right-of-way until the violation or violations have been eliminated and corrected to the satisfaction of the District and the District should not be held liable for any damages, either direct or indirect, for the delay and expense of such work stoppage. Developer shall procure all other state, county and city licenses or permits. 10. In the event an easement is required over realty other than realty described in Paragraph No. I herein, such easement, in form acceptable to the District, together with title report or other sufficient proof of ownership of such realty, shall be delivered to the District prior to scheduling the preconstruction conference. Developer shall be obligated to obtain a written release from any property owner across whose property construction is performed pursuant to the grant of an easement, sufficient to indicate that the site restoration on the easement is satisfactory and complete. 11. Prior to scheduling the preconstruction conference, Developer shall deliver to the District a restoration performance bond in a sum to be determined by the District after receipt of any required Right -of -Way Construction Permits and/or after the determination of off -site Page 3 20050929002960.006 restoration requirements related to the work described herein, conditioned that Developer will restore to the satisfaction of the District, and state, county, and city agencies as applicable, all work to be performed hereunder in public rights -of -way and District easements. Form and contents of bond shall be determined by the District. 12. Construction shall be performed in accordance with District approved plans and specifications and only under the supervision of workers or craftsmen experienced in the installation of sewer and water mains and the relaxed work. 13. Two (2) sets of shop (working) drawings shall be submitted to the District as one package, bound and indexed with a table of contents, for all equipment/material to be furnished for this project. Each submitted piece of equipment/material shall be fully defined by catalog number and reference made as to its applicable section of the District's standards. Shop (working) drawings shall be submitted prior to or at the preconstruction conference. 14. By execution of this Agreement, the District does not guarantee water and/or sanitary sewer service will be provided to realty described herein. In the event that any District facilities, such as storage tanks, wells, lift stations, treatment plants, water transmission mains and sewer trunk lines, become utilized beyond their design or approved capacity or become inoperable for any cause, the District reserves the right to refuse any connections which would use such facility until remedial action has been completed, and the District shall not be liable for any direct or consequential damages which occur to Developer arising out of such District refusal to connect or time delay necessary to take remedial action. 15. The Developer and its agents agree to indemnify and hold the District harmless from any and all claims which may be assessed against the District as a result of the construction or maintenance of the work described in this Agreement prior to acceptance by the District. The Developer shall maintain in full force and effect during the construction period, the following insurance: a. Commercial General Liability Insurance with bodily injury and property damage limits of not less than: $1,000,000.00 Each Occurrence $2,000,000.00 General Aggregate $2,000,000.00 Products -Completed Operations Aggregate Limit b. Business Auto Liability coverage for all owned, non -owned, and hired autos with bodily injury and property damage limits of not less than: $1,000,000.00 Each Accident Page 4 20050929002960.006 A certificate of insurance and a copy of an endorsement to the Developer's Commercial General Liability Insurance policy, showing the District as additional insured as respects the work to be performed under this Agreement, shall be provided prior to scheduling the preconstruction conference. Thirty (30) days written notice shall be given to the District for cancellation or expiration of this insurance. 16. Developer shall notify the District the date work and construction described in this Agreement will commence, and said notice shall be given not less than 72 hours (not including Saturday, Sunday, or national holidays) prior to such date. No sewer or water facility shall be covered prior to inspection. After work is commenced, it shall vigorously, consistently, and in a first-class workmanlike manner be carried to completion. Developer shall maintain at the construction area at all times during construction, a representative to whom District notices may be given regarding construction. Said representative shall be designated in writing by the Developer before start of work. Developer may request inspections during construction upon two (2) days notice to the District. 17. Testing of sewer and water facilities shall be performed as required by the District and only after satisfactory tests have been completed and witnessed by the District's designated agent, will the work be accepted. Developer agrees that at such time as the District has performed inspection of the sewer and water connections and has delivered itemized punch lists to Developer and/or Developer's contractor, that the project will be pursued to final completion, including the performance of all necessary site restoration. 18. Upon completion of construction, Developer or contractor shall deliver to the District a bond in the amount of ten percent (10%) of construction costs or $5,000.00, whichever is greater, that a reliable contractor will make and pay for repairs necessary within two (2) years from the date of acceptance of said construction, arising from faulty labor or material. Form of bond is to be approved by attorney for the District. Developer shall also deliver Bills of Sale for sewer and water mains and appurtenances installed and constructed pursuant to this Agreement, together with permanent easements for their location in a form acceptable to the District. 19. Upon completion of construction, Developer shall submit, for acceptance and approval of the District, a statement of monies and/or other accounting of monies expended to perform construction described herein, together with such other engineering records and data as may be required by the District. 20. In the event Developer requests and the District provides water meters for the realty described herein, prior to District's acceptance of work, Developer agrees to be solely responsible for any loss or damage to such water meters or their installation, which occurs prior to said acceptance of work by the District. Page 5 20050929002960.007 21. Work and construction performed under this Agreement shall not be connected to the District's sewer and/or water systems until all provisions and requirements of this Agreement and District Resolutions, on the part of the Developer, have been fully complied with. 22. The District and Developer agree that in carrying out the terms of this contract, the Developer shall be acting as an independent contractor and in no respect shall Developer be deemed an agent or partner of Lakehaven Utility District. 23. Developer shall not assign this contract without the written consent of the District. 24. The District shall provide sanitary sewer service following the District's acceptance of the sanitary sewer system for operation and maintenance and upon payment of the connection charges as set forth and in accordance with District Resolution No. 2004-1028. Said connection charges shall consist of the Capital Facilities Charge (CFC), Side Sewer Permit Deposit and any other such charges to be levied in accordance with said District Resolution No. 2004-1028 or amendments thereto or any other applicable District Resolution at time service is requested. 25. The District shall provide water service following the Districts acceptance of the water distribution system for operation and maintenance and upon payment of the connection charges as set forth and in accordance with District Resolution No. 2004-1028. Said connection charges shall consist of the Capital Facilities Charge (CFC), Meter Installation Charge and any other such charges levied in accordance with said District Resolution No.2004-1028 or amendments thereto or any other applicable District Resolution at time service is requested. 26. Partial waiver or waiver by acquiescence by the District of any provision or condition of this Agreement shall not be a waiver of any other provision or condition of this Agreement. 27. This Agreement shall constitute an easement and servitude upon the property described herein and shall be binding upon the heirs, assigns and successors in interest to the Developer. This Agreement shall constitute an equitable lien against property described herein and in the event of nonperformance by Developer, as stated herein, the District may foreclose said lien in the manner authorized by law. 28. This writing constitutes the full and only agreement between the parties, there being no promises, agreements or understandings, written or oral, except as herein set forth, or as hereinafter may be amended in writing. 29. Upon execution of this Agreement, the parties agree in the event either of them is required to enforce any provision or provisions of this Agreement against the other, that the prevailing party shall be entitled, in addition to all other amounts to which it is otherwise entitled by this Agreement, to its actual attorneys fees and costs, including those incurred on appeal. Page 6 20050929002960.008 WITNESS our hands and seals. VILLAGE GREEN OF FEDERAL WAY, L.L.C. Its Date: STATE OF WASHINGTON ) )SS. County of King LAKEHAVEN UTILITY DISTRICT King County, Washington Engineering Manager Dated: `1 Z� I certifythat I know or have satisfac ory evidence that Holz RT),ovi � signed this instrument, on oath stated that was authorized to execute the instrument and acknowledged it as the _.►'iGt� f2d of VILLAGE GREEN OF FEDERAL WAY L.L.C. , to be the voluntary act of such party for the uses and purposes mentioned in the instrument. DATED: -(�]- A�q X. I 'ladr6 Notary Public Title p My appointment expires O Page 7 20060929002960.009 EXHIBIT "A" SUBJECT PROPERTY Lot `B" of Boundary Line Adjustment No. 00-104014-00-SU recorded under recording number 20011205900002, records of King County, Washington. 20061122000795.001 Return Address: Lakehaven Utility District Development Services P. O. Box 4249 20061122000 Q �f r "5 Federal Way, WA 98063-4249 KING COUNTY RG 34.00 pRGE001 aF 003 KING2CG�NTYSlUP COVER SHEET Document Title: Amendment to Developer Extension Agreement (Cottages West) Reference Number(s): 20050929002960 Grantor(s): Village Green of Federal Way, LLC Grantee(s): Lakehaven Utility District Legal Description: Lot B of Federal Way BLA #00-104014-00-SU, KCAF #20011205900002 Additional legal description is on Exhibit "A" of document. Assessor's Property Tax Parcel/Account Number: 302104-9146 DISTRICT USE ONLY BELOW THIS LINE Account Number: Project Number: 2273.0.00.000 Fund: (circle one) Amount: WATER 1 SEWER 40INT $34.00 6305004 20061122000795.002 COTTAGES WEST Agreement No. 05-610 AMENDMENT TO DEVELOPER EXTENSION AGREEMENT THIS AMENDMENT, entered into in duplicate between the LAKEHAVEN UTILITY DISTRICT, King County, a municipal corporation of the State of Washington, hereinafter referred to as the "District", and VILLAGE GREEN OF FEDERAL WAY, L.L.C., hereinafter referred to as the "Developer": WITNESSETH: WHEREAS, the District and Developer previously entered into a Developer Extension Agreement on July 11, 2005, hereinafter referred to as "Agreement", to provide for the construction of certain water distribution and sanitary sewer facilities for connection to the District's water and sewer systems, which Agreement was recorded under King County Auditor's File No. 20050929002960, and WHEREAS, to accommodate Developer's construction schedule, the District desires to allow an extension in the construction period, as same is referenced in the Agreement; NOW, THEREFORE, BE IT AGREED as follows: 1. It is agreed that the original completion date set forth in Paragraph No. 5 of the Agreement shall be extended to June 30, 2007, in conformance with the provisions set forth therein. 2. All other terms and conditions of the Developer Extension Agreement as originally executed shall remain in full force and effect. Page 1 20061122000795.003 WITNESS our hands and seals. VILLAGE GREEN OF FEDERAL WAY, L.L.C. J f f By Its Date: c C STATE OF WASHINGTON ) )SS. County of King ) LAKEHAVEN UTILITY DISTRICT King County, Washington Engineering Manager Dated: �v T �" o v C I certify that I know or have satisfactory evidence that signed this instrument, on oath stated that Am was authorized to execute the instrument and acknowledged it as the Mer _ of 'VILLAGE GREEN OF FEDERAL WAY, L.L.C. , to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. i>t : • �. ' 1�A.� . - r� . For recording in the State of Washington, the Notarial Seal must be fully legible and cannot intrude into document margins. Please affix seal in the space provided. Notary Publie Title My appointment expires q-M Page 2 20071120000478.001 Return Address: Lakehaven Utility District Development Services P. O. Box 4249 Federal Way, WA 98063-4249 20071120000478 KING COUNTY FI AMNQ 43.00 PAGE001 4F 004 11/20/2007 10.30 KING COUNTY, WA COVERSHEET Document Title: Amendment to Developer Extension Agreement Reference Number(s): 20050929002960 and 20061122000795 Grantor(s): Village Green of Federal Way LLC Grantee(s): Lakehaven Utility District Legal Description: Lot B of FWBLA #00-104014-00-SU, KCAF #20011205900002 Additional legal description is on Exhibit "A" of on inal document. Assessor's Property Tax Parcel/Account Number: 302104-9146 DISTRICT USE ONLY BELOW THIS' LINE Account Number- Project Number: 2273.000:000 Fund: (circle one) Amount: WATER 1 SEWE 43:00 6305004 .4 20071120000478.002 COTTAGES WEST Agreement No. 05-610 AMENDMENT TO DEVELOPER EXTENSION AGREEMENT THIS AMENDMENT, entered into in duplicate between the LAKEHAVEN UTILITY DISTRICT, King County, a municipal corporation of the State of Washington, hereinafter referred to as the "District", and VILLAGE GREEN OF FEDERAL WAY, L.L.C., hereinafter referred to as the "Developer": WITNESSETH: WHEREAS, the District and Developer previously entered into a Developer Extension Agreement on July 11, 2005, hereinafter referred to as "Agreement", to provide for the construction of certain water distribution and sanitary sewer facilities for connection to the District's water and sewer systems, which Agreement was recorded under King County Auditor's File No. 20050929002960, and WHEREAS, following execution of the Agreement, the parties executed an Amendment, which is dated September 6, 2006, and recorded under King County Auditor's File No. 20061122000795, providing for the extension of the completion date, and WHEREAS, to accommodate Developer's construction schedule, the parties mutually desire to extend the applicable period for completion; NOW, THEREFORE, BE IT AGREED as follows: Page 1 20071120000478.003 1. The parties hereby agree that the completion date for the project, as set forth in paragraph no. 5 of the Developer Extension Agreement, shall be July 11, 2410, and said paragraph no. 5 is amended accordingly. 2. All other terms and conditions of the Developer Extension Agreement as originally executed shall remain in full force and effect. Page 2 20071120000478.004 WITNESS our hands and seals. VILLAGE GREEN OF FEDERAL WAY, L.L.C. By Its Dater STATE OF WASHINGTON ) ) ss. County of Ding ) LAKEHAVEN UTILITY DISTRICT King County, Washington Water Engineering Manager Dated: 17,-7 - I certify that I know or have satisfactory evidence that dJk-S prx'o- signed this instrument, on oath stated that . Was authorized to execute the instru rient and acknowledged it as the M 610'6"'r of VILLAGE GREEN OF FEDERAL WAY, L.L.C._, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED: & —93 ` D cam' [ A ��+ASY�'N1lF15Y ] [ For recording in the State of Washington, the Notarial Seal must be fully legible and cannot intrude into document margins. Please affix seal in the space provided. Not LPublic Title My appointment expires Page 3 20090210000436.001 O Return Address: Lakehaven Utility District Development Services P. O. Box 4249 Federal Way, WA 98063-4249 410436 q RU 9?PANGE0C01 OFY104 02/1000U104 0-KINGA� COVER SHEET Document Title: Agreement for Connection of Water & Sewer Facilities as Substantially Complete Reference Number(s): 20050929002960, 20061122000795 and 20071120000478 Grantor(s): Village Green of Federal Way LLC Grantee(s): Lakehaven Utility District Legal Description: Lot B of FWBLA #00- 1 04014-00-SU, KCAF #20011205900002 Additional legal escri tion is on Exhibit "A" of original document. Assessor's Property Tax Parcel/Account Number: 302104-9146 DISTRICT USE ONLY BELOW THIS LINE Account Number: Project Number: 2273,000.000 6305004 Fund: (circle one) Amount: WATER./ �E JO $ 45.00 20090210000436.002 IF COTTAGES WEST Agreement No. 05-610 Agreement for Connection of Water and Sewer Facilities as Substantially Complete WHEREAS, Lakehaven and Developer have entered into a Developer Extension Agreement dated July 11, 2005, and recorded under Auditor's File No. 20050929002960, providing for the connection of facilities constructed by the Developer to Lakehaven's water and sewer systems, and WHEREAS, following execution of the Agreement, the parties executed Amendments, dated July 6, 2006, and recorded under King County Auditor's File No. 20061122000795, and dated June 27, 2007 and recorded under King County Auditor's File No. 20071120000478, providing for the extension of the completion date, and WHEREAS, to accommodate Developer's desired construction schedule, Lakehaven agrees to extend the applicable period for completion; and WHEREAS, the water and sewer facilities to be so connected are substantially complete and suitable for connection under Lakehaven Resolution allowing for such connection prior to final completion; NOW, THEREFORE, IT IS AGREED as follows: 1. This Agreement shall modify the Developer Extension Agreement No. 05-610, for VILLAGE GREEN OF FEDERAL WAY, L.L.C., only so far as an extension of the completion period and the connection of water and sewer facilities to serve the property as substantially complete are concerned, and the Developer shall be obligated to comply with all provisions in the Page 1 20090210000436.003 Developer Extension Agreement regarding the final completion of the facilities to serve the property. 2. Lakehaven shall allow connection of the water facilities to said property upon execution of this Agreement and all other documentation necessary for acceptance of the project, completion of a satisfactory purity test, and delivery by Developer of the sum of $24,150.00 to Lakehaven, which sum shall be deposited in a Lakehaven account and held to insure the final completion of five (5) fire hydrant adjustments, 11 valve adjustments, and 38 meter setter/box adjustments, as same is needed to fully and finally complete the project in accordance with the Developer Extension Agreement. In the event that the final completion of five (5) fire hydrant adjustments, 11 valve adjustments, and 38 meter setter/box adjustments, are not completed by Developer on or before January 31, 2010, Lakehaven shall be authorized to utilize the funds so deposited to accomplish the necessary work and Developer shall have no further claim on the funds. 3. Lakehaven shall allow connection of the sewer facilities to said property upon execution of this Agreement and all other documentation necessary for acceptance of the project, and delivery by Developer of the sum of $18,750.00, which sum shall be deposited in a Lakehaven account and held to insure the final completion of 14 manhole adjustments, one (1) first sheet mylar record drawing, and five (5) additional sheet mylar record drawings, as same is needed to fully and finally complete the project in accordance with the Developer Extension Agreement. In the event that the final completion of 14 manhole adjustments, one (1) first sheet mylar record drawing, and five (5) additional sheet mylar record drawings are not completed by Developer on or before January 31, 2010, Lakehaven shall be authorized to utilize the funds so deposited to accomplish the necessary work and Developer shall have no further claim on the funds. 4. All other provisions of the Developer Extension Agreement referenced above which are not herein modified shall remain in full force and effect. Page 2 WITNESS our hands and seals. VILLAGE GREE ERAL WAY, L.L.C. By Its Date: �o STATE OF WASHINGTON ) ss. County of King ) LAKEHAVEN UTILITY DISTRICT King CqunN Washinpzton Water / Pngineering Manager Dated: ZS a-Z I certify that I know or have satisfactory evidence that �� signed this instrument, on oath stated that �, autIiorixed to execute the instrument and acknowledged it as the of VILLAGE GREEN DF FEDERAL WAY L.L.C. , to be the free and voluntary act of such party for th mentioned in the instrument. e uses and Purposes DATED: is " ZS- 0-1 1 �w,,�an►titi �kSNOgj.Ftil -06 pis r For recording in the State of Washington, the Notarial Seal must be fully legible and cannot intrude into document margins. Please affix seal in the space provided. My appointment expires Page 3 20100803000172.001 Return Address: Lakehaven Utility District Development Services P. O. Box 4249 Federal Way, WA 98063-4249 201,008030001 2 KING-COGO AMNO 65.00 KING COUNTY, UA COVER SHEET Document Title: Amendment to Developer Extension Agreement (Cottages West) Reference Number(s): 20050929002960, 20061122000795, 20071120000478 & 20090210000436 Grantor(s): Village Green of Federal Way LLC Grantee(s): Lakehaven Utility District Legal Description: Lot B of Federal Way BLA #00- 1 04014-00-SU, KCAF #20011205900002 Additional legal description is on Exhibit "A" of original document. Assessor's Property Tax Parcel/Account Number: 302104-9146 DISTRICT USE ONLY BELOW THIS LINE Account Number: Project Number: 2273.000.000 6305004 Fund: (circle one) Amount: WATER / SEWER JOINT $65.00 20100803000172.002 COTTAGES WEST Agreement No. OS-610 AMENDMENT TO DEVELOPER EXTENSION AGREEMENT THIS AMENDMENT, entered into in duplicate between the LAKEHAVEN UTILITY DISTRICT, King County, a municipal corporation of the State of Washington, hereinafter referred to as "Lakehaven", and VILLAGE GREEN OF FEDERAL WAY, L.L.C., hereinafter referred to as the "Developer": WITNESSETH: WHEREAS, Lakehaven and Developer previously entered into a Developer Extension Agreement on July 5, 2005, hereinafter referred to as "Agreement", to provide for the construction of certain water distribution and sanitary sewer system facilities for connection to the Lakehaven's water and sewer systems, which Agreement was recorded under King County Auditor's File No. 20050929002960, and WHEREAS, following execution of the Agreement, the parties executed an Amendment, which is dated July 26, 2006, and recorded under King County Auditor's File No. 20061122000795, providing for the extension of the completion date, and WHEREAS, following execution of the Amendment, the parties executed a second Amendment, which is dated June 27, 2007, and recorded under King County Auditor's File No. 20071120000478, providing for the extension of the completion date, and WHEREAS, following execution of the second Amendment, the parties executed a third Amendment, which is dated September 25, 2008, and recorded under King County Auditor's File No. 20090210000436, providing for the extension of the completion date and the connection of water and sewer facilities to serve the property as substantially complete are concerned, and Page 1 of 3 20100803000172.003 WHEREAS, to accommodate Developer's construction schedule, the parties mutually desire to extend the applicable period for completion; NOW, THEREFORE, BE IT AGREED as follows: I. The parties hereby agree that the completion date for the project, as set Forth in paragraph no. 5 of the Developer Extension Agreement, shall be MAY 30, 2021, and said paragraph no. 5 is amended accordingly. 2. The parties hereby agree that the sum deposited by the Developer and held by Lakehaven to insure the final completion of water facility system components for the project, as set forth in paragraph no. 2 of the third Amendment, shall be $24,300.00, and the completion date shall be MAY 30, 2011, and said paragraph no. 2 is amended accordingly. 3. The parties hereby agree that the sum deposited by the Developer and held by Lakehaven to insure the Final completion of sewer facility system components for the project, as set forth in paragraph no. 3 of the third Amendment, shall be $26,100,00, and the completion date shall be MAY 30, 2011, and said paragraph no. 3 is amended accordingly. 4. All other terms and conditions of the Developer Extension Agreement and third Amendment as originally executed shall remain in full force and effect. Page 2 of 3 am 20100803000172.004 WITNESS our hands and seals. VILLAGE GREEEN OF FEDERAL WAY, L.L.C. 6y Its Date: �Z /99 STATE OF WASHINGTON } County of King )SS. } LAKEMA FN UTILITY DISTRICT King Co tYAVashinoton ng Manager Y Dated: /O I certify that I know or have satisfactory evidence that T Signed this instrument, on oath stated that �j 1 was authoriz and acknowledged it as the ed to execute the instrument Of VILLAGE GREi=N 4]F F to be the free and voluntary act of for the uses and purposes mentioned in the instrument. such party DATED: b - ZZ— 10 ��ti�tina►�1yt�11 ] r `�- = ] r ] For recording in the State of Washington, the Notarial Seal must be fully legible and cannot intrude into document margins. Please affix seal in the space Provided. Nota Public Title My appointment expires Page 3 of 3 20110405000167.001 I � Return Address: � .10405000167 LAKEHAVEN UTIL AG 55.00 PAGE.-001 OF e04 Lakehaven Utility District KING COUNTY, UAI Development Services P. O. Box 4249 Federal Way, WA 98063-4249 COVER SHEET Document Title: Amendment to Developer Extension Agreement (Cottages West) Reference Number(s): 20050929002960,20061122000795,20071120000478,20090210000436 & 20100803000172 Grantor(s): Village Green of Federal Way, LLC Grantec(s): Lakehaven Utility District Legal Description: Lot B of Federal Way BLA #00- 1 04014-00-SU, KCAF #20011205900002 Additional legal description is on Exhibit "A" of original document. Assessor's Property Tax Parcel/Account Number: 302104-9146 DISTRICT USE ONLY BELOW THIS LINE Account Number: Project Number: 2273,000.000 6305004 Fund: (circle one) Amount: WATER / SEWER OINT $65.00 20110405000167.002 COTTAGES WEST Agreement No. 05-610 AMENDMENT TO DEVELOPER EXTENSION AGREEMENT THIS AMENDMENT, entered into in duplicate between the LAKEHAVEN UTILITY DISTRICT, King County, a municipal corporation of the State of Washington, hereinafter referred to as "Lakehaven", and VILLAGE GREEN OF FEDERAL WAY, L.L.C., hereinafter referred to as the "Developer": WITNESSETH: WHEREAS, Lakehaven and Developer previously entered Into a Developer Extension Agreement on July 5, 2005, hereinafter referred to as "Agreement", to provide for the construction of certain water distribution and sanitary sewer system facilities for connection to the Lakehaven's water and sewer systems, which Agreement was recorded under King County Auditor's File No. 20050929002960, and WHEREAS, following execution of the Agreement, the parties executed an Amendment, which is dated July 26, 2006, and recorded under King County Auditor's File No. 20061122000795, providing for the extension of the completion date, and WHEREAS, following execution of the Amendment, the parties executed a second Amendment, which Is dated June 27, 2007, and recorded under King County Auditor's File No. 20071120000478, providing for the extension of the completion date, and WHEREAS, following execution of the second Amendment, the parties executed a third Amendment, which Is dated September 25, 2008, and recorded under King County Auditor's File No. 20090210000436, providing for the extension of the completion date and the connection of water and sewer facilities to serve the property as substantially complete are concerned, and Page 1 of 3 20110405000167.003 WHEREAS, following execution of the third Amendment, the parties executed a fourth Amendment, which is dated June 24, 2010, and recorded under King County Auditor's File No. 20100803000172, providing for the extension of the completion date, and WHEREAS, Developer has requested another extension to the construction schedule, to again extend the applicable period for completion; NOW, THEREFORE, BE IT AGREED as follows: 1. The parties hereby agree that the completion date for the project, as set forth in paragraph no. 5 of the Developer Extension Agreement, shall be MAY 30, 2012, and said paragraph no. 5 is amended accordingly. 2. All other terms and conditions of the Developer Extension Agreement and fourth Amendment as originally executed shall remain in full force and effect. Page 2 of 3 20110405000167 004 WITNESS our hands and seals. VILLAGE GREEEN OF FEDERAL WAY, L.L.C. By Its Date: STATE OF WASHINGTON ) ) SS. County of King ) LAKEHAVEN UTILITY DISTRICT King C4 nty, Washington Engine ing Manager Dated � -3I'(f 4 I certify that I know or have satisfactory evidence that signed this instrument, on oath stated that j C- was authorized to execute the instrument and acknowledged it as theof VIL LAG GRFENO D RAL WAY, L.L.C. , to be the free and voluntary act of such party for the uses and purposes mentioned In the instrument. DATED: 3- S -/ _,``�wa��at5t51t111 j 1 ��11,5511t1; 111 �j(\r11 ] f;/EL [ For recording in the State of Washington, the Notarial Seal must be fully legible and cannot Intrude Into document margins. Please affix seal in the space provided. My appointment expires Page 3 of 3 Return Address: Lakehaven Utility District Development Services P. O. Box 4249 Federal Way, WA 98063-4249 20120618001868 KING COUNTY, IJA COVERSHEET Document Title: Amendment to Developer Extension Agreement (Cottages West) Reference Number(s): 20050929002960,20061122000795,20071120000478,20090210000436, 20100803000172 & 20110405000167 Grantor(s): Village Green of Federal Way, LLC Grantee(s): Lakehaven Utility District Legal Description: Lot B of Federal Way BLA #00- 1 04014-00-SU, KCAF #20011205900002 Additional legal descri Lion is on Exhibit "A" of original document. Assessor's Property Tax Parcel/Account Number: 302104-9146 DISTRICT USE ONLY BELOW THIS LINE Account Number: Project Number: 2273.000.000 6305004 Fund: (circle one) Amount: WATER / SEWER JOINT $375.00 COTTAGES WEST Lakehaven Project No. 6305004 AMENDMENT TO DEVELOPER EXTENSION AGREEMENT THIS AMENDMENT, entered into in duplicate between the LAKEHAVEN UTILITY DISTRICT, King County, a municipal corporation of the State of Washington, hereinafter referred to as "Lakehaven", and VILLAGE GREEN OF FEDERAL WAY, L.L.C., hereinafter referred to as the "Developer": WITNESSETH: WHEREAS, Lakehaven and Developer previously entered into a Developer Extension Agreement on July 5, 2005, hereinafter referred to as "Agreement", to provide for the construction of certain water distribution and sanitary sewer system facilities for connection to the Lakehaven's water and sewer systems, which Agreement was recorded under King County Auditor's File No. 20050929002960, and WHEREAS, following execution of the Agreement, the parties executed an Amendment, which is dated July 26, 2006, and recorded under King County Auditor's File No. 20061122000795, providing for the extension of the completion date, and WHEREAS, following execution of the Amendment, the parties executed a second Amendment, which Is dated June 27, 2007, and recorded under King County Auditor's File No. 20071120000478, providing for the extension of the completion date, and WHEREAS, following execution of the second Amendment, the parties executed a third Amendment, which Is dated September 25, 2008, and recorded under King County Auditor's File No. 20090210000436, providing for the extension of the completion date and the connection of water and sewer facilities to serve the property as substantially complete are concerned, and Page 1 of 3 WHEREAS, following execution of the third Amendment, the parties executed a fourth Amendment, which Is dated June 24, 2010, and recorded under King County Auditor's File No. 20100803000172, providing for the extension of the completion date, and WHEREAS, following execution of the fourth Amendment, the parties executed a fifth Amendment, which is dated March 11, 2011, and recorded under King County Auditor's File No. 20110405000167, providing for the extension of the completion date, and WHEREAS, Developer has requested another extension to the construction schedule, to again extend the applicable period for completion; NOW, THEREFORE, BE IT AGREED as follows: 1. The parties hereby agree that the completion date for the project, as set forth In paragraph no. 5 of the Developer Extension Agreement, shall be MAY 31, 2013, and said Paragraph no. 5 is amended accordingly. 2. All other terms and conditions of the Developer Extension Agreement and fourth Amendment as originally executed shall remain In full force and effect_ Page 2 of 3 WITNESS our hands and seals. VILLAGE GREEEN OF FEDERAL WAY, L.L.C. By its- rn,�-Mbi-V Date: y.27, /7/ STATE OF WASHINGTON ) County of King ) SS. LAKEHAVEN UTILITY DISTRICT King County, Washington 4 " �veloprne Engineering Manager Dated: _ Or 0$ — I certify that I know or have satlisfar-tory evidence that signed this instrument, on oath stated that was authorized to execute the instrument and acknowledged it as the of VILL AGF= G pF FFD ! AY L.L.C. , to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED: - a TAR, I ,a�BLG [ ++1+,1`OF W ASS,.. For recording in the State of Washington, the Notarial Seal must be fully legible and cannot intrude into document margins, Please affix seas in the space prodded_ No&a Pubiir Title My appointment expires_ Page 3 of 3 Return Address: Lakehaven Utility District Development Services P. 0. Box 4249 Federal Way, WA 98063-4249 1111111111111111�Rti�m��u�s�iWa 012100200134 �ar?�ai 004 COVERSHEET Document Title: Amendment to Developer Extension Agreement (Cottages West) Reference Number(s): 20050929002960,20061122000795,20071120000478,20090210000436, 20100803000172 & 20110405000167 G ran tor(s): Village Green of Federal Way, LLC Grantee(s): Lakehaven Utility District Legal Description: Lot B of FWBLA #00- 1 04014-00-SU, KCAF #20011205900002 Additional le.Lu l description is on Exhibit "A" of original document. Assessor's Property Tax Parcel/Account Number: 302104-9146 DISTRICT USE ONLY BELOW THIS LINE Account Number: Project Number: 2273.000.000 6305004 Fund: (circle one) Amount: WATER / SEWER DINT $435.00 COTTAGES WEST Lakehaven Project No. 6305004 AMENDMENT TO DEVELOPER EXTENSION AGREEMENT THIS AMENDMENT, entered into in duplicate between the LAKEHAVEN UTILITY DISTRICT, King County, a municipal corporation of the State of Washington, hereinafter referred to as "Lakehaven", and VILLAGE GREEN OF FEDERAL WAY, L.L.C., hereinafter referred to as the "Developer": WITNESSETH: WHEREAS, Lakehaven and Developer previously entered into a Developer Extension Agreement on July 5, 2005, hereinafter referred to as "Agreement", to provide for the construction of certain water distribution and sanitary sewer system facilities for connection to the Lakehaven's water and sewer systems, which Agreement was recorded under King County Auditor's File No. 20050929002960, and WHEREAS, following execution of the Agreement, the parties executed an Amendment, which is dated July 26, 2006, and recorded under King County Auditor's File No. 20061122000795, providing for the extension of the completion date, and WHEREAS, following execution of the Amendment, the parties executed a second Amendment, which is dated June 27, 2007, and recorded under King County Auditor's File No. 20071120000478, providing for the extension of the completion date, and WHEREAS, following execution of the second Amendment, the parties executed a third Amendment, which is dated September 25, 2008, and recorded under King County Auditor's File No. 20090210000436, providing for the extension of the completion date and the connection of water and sewer facilities to serve the property as substantially complete are concerned, and Page 1 of 3 WHEREAS, following execution of the third Amendment, the parties executed a fourth Amendment, which is dated June 24, 2010, and recorded under King County Auditor's File No. 20100803000172, providing for the extension of the completion date, and WHEREAS, following execution of the fourth Amendment, the parties executed a fifth Amendment, which Is dated March 11, 2011, and recorded under King County Auditor's File No. 20110405000167, providing for the extension of the completion date, and WHEREAS, Developer has requested another extension to the construction schedule, to again extend the applicable period for completion; NOW, THEREFORE, BE IT AGREED as follows: paragraph no. 5 of the Developer Extension Agreement, shall be MAY 31, 2 as 5 and said 1• The parties hereby agree that the completion date for the project, as set for In Paragraph no. 5 Is amended accordingly. 2• All other terms and conditions of the Developer Extension Agreement and fourth Amendment as originally executed shall remain In full force and effect. Page 2 of 3 WITNESS our hands and seals. VILLAGE GREEEN OF FEDERAL WAY, L.L.C. By Its 177,0W Date: y.27-/7-- STATE OF WASHINGTON County of King )SS. LAKEHAVEN UTILITY DISTRICT King County, Washington velopme Engineering Manager Dated: 4)5'--08�p��L I certify that I know or have satlsfact evidence that C signed this instrument, on oath stated that and acknowledged it as the was authorized to execute the instrument of ILLA GREEN ❑F F D L. WA L.L.C. , to be the free and voluntary act of such party rpses m for the uses and puoentioned in the instrument. DATED: [ ='ota u .m.� ) Title C � [ s' s ] My appointment expires [ % Q .�z� ] f .*''loIJ34 = 0 = I�'4i� T;e „ti �. [ For recording in the State of Washington, the Notarial Seal must be fully legible and cannot intrude into document margins. Please affix seal in the space Provided. Page 3 of 3 Return Address: Lakellaven Utility District 1 t 1 Development P. O. Box 4249erv1CeS 013q ' f Federal Way, WA 98063-4249 eair'ea°i a$4 000,4,L,z K2rvc Cow, fra4 say_ee COVER SHEET Document Title: Amendment to Developer Extension Agreement (Cottages West) Reference Number(s): 20050929002960,20061122000795,20071120000478,20090210000436, 20100803 000172, 20110405000167 & 20120618001868 Grantor(s): Village Green of Federal Way, LLC Grantee(s): Lakehaven Utility District Legal Description: Lot B of Federal Way BLA #00-104014-00-SU, KCAF #20011205900002 Additional le 1, l description is on Exhibit "A" ofori final document Assessor's Property Tax Parcel/Account Number: 302104-9146 DISTRICT USE ONLY BELOW THIS LINE Account Number: 2273.000.000 project Number: Fund: (circle one) WATER /SEWER 1 O T Amount: $507.00 6305004 .? COTTAGES WEST Lakehaven Project No. 6305004 AMENDMENT TO DEVELOPER EXTENSION AGREEMENT THIS AMENDMENT, entered into in duplicate between the LAKEHAVEN UTILITY DISTRICT, King County, a municipal corporation of the State of Washington, hereinafter referred to as "Lakehaven", and VILLAGE GREEN OF FEDERAL WAY, L.L.C., hereinafter referred to as the "Developer": WITNESSETH: WHEREAS, Lakehaven and Developer previously entered into a Developer Extension Agreement on July 11, 2005, hereinafter referred to as "Agreement", to provide for the construction of certain water distribution and sanitary sewer system facilities for connection to the Lakehaven's water and sewer systems, which Agreement was recorded under King County Auditor's File No. 20050929002960, and WHEREAS, following execution of the Agreement, the parties executed an Amendment, which is dated September 6, 2006, and recorded under King County Auditor's File No. 20061122000795, providing for the extension of the completion date, and. WHEREAS, following execution of the Amendment, the parties executed a second Amendment, which is dated June 27, 2007, and recorded under King County Auditor's File No. 20071120000478, providing for the extension of the completion date, and WHEREAS, following execution of the second Amendment, the parties executed a third Amendment, which is dated September 25, 2008, and recorded under King County Auditor's File No. 20090210000436, providing for the extension of the completion date and the connection of water and sewer facilities to serve the property as substantially complete are concerned, and Page 1 of 3 WHEREAS, following execution of the third Amendment, the parties executed a fourth Amendment, which is dated June 24, 2010, and recorded under King County Auditor's File No. 20100803000172, providing for the extension of the completion date, and WHEREAS, following execution of the fourth Amendment, the parties executed a fifth Amendment, which is dated March 11, 2011, and recorded under King County Auditor's File No. 20110405000167, providing for the extension of the completion date, and WHEREAS, following execution of the fifth Amendment, the parties executed a sixth Amendment, which is dated May 8, 2012, and recorded under King County Auditor's File No. 20120618001868, providing for the extension of the completion date, and WHEREAS, Developer has requested another extension to the construction schedule, to again extend the applicable period for completion; NOW, THEREFORE, BE IT AGREED as follows: 1. The parties hereby agree that the completion date for the project, as set forth in paragraph no. 5 of the Developer Extension Agreement, shall be MAY 31, 2015, and said paragraph no. 5 is amended accordingly. 2. All other terms and conditions of the Developer Extension Agreement and fourth Amendment as originally executed shall remain in full force and effect. Page 2 of 3 M WITNESS our hands and seats. VILLAGE GREEEN OF FEDERAL WAY, L.L.C. By Its C ( O Date: ;'- Zo 13 STATE OF WASHINGTON ) SS. County of King ) LAKEHAVEN UTILITY DISTRICT King County, Washington 24w veiop nt Engineering Manager Dated: Of- /r - 'Ws I certify that I know or have satisfactory evidence that i�l c& signed this instrument, on oath stated that!S was authorized to a ecute the Instrument and acknowledged it as the C- on VILLAGE GREEN OF FEDERAL WAY, L.L.C,_, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED: ~b -1 7 , For recording in the State of Washington, the Notarial Seal must be fully legible and cannot intrude into document margins. Please affix seal in the space provided. S • �� Nota Public Title My appointment expires ` Page 3 of 3 It 20160519000574.001 Return Address: Lakehaven Utility District Development Services P. O. Box 4249 Federal Way, WA 98063-4249 COVER SHEET Document Title: Release of Lien (Cottages West) Reference Number(s): 20050929002960 Grantor(s): Tillage Green of Federal Way LLC Grantee(s): — Lakehaven Utility District Legal Description: Lot B Federal Way BLA #00-104014-00-SU, KCAF #20011205900002 Additional le ga1 descri tion is on Exhibit "A" ofori inal document. Assessor's Property Tax Parcel/Account Number. 3021049146 DISTRICT USE ONLY BELOW THIS LINE Account Number: 5321.451.003 Project Number: Fund: (circle one) N/A WATER /SEWER IOT Amount: $34.00 .a •_•. t 20160519000574.002 LAKEHAVEN UTILITY DISTRICT RELEASE OF LIEN The undersigned, the appointed member of LAKEHAVEN UTILTfY DISTRICT, King County, Washington, hereby certifies that all work required to be performed pursuant to Deveioper Extension Agreement No. 6305004 dated July 11, 2005 and recorded under King County Auditor's File No, 20050929002960, and its Amendment dated September 6, 2006 and recorded under King County Auditor's File No. 2006112200795, and a second Amendment dated June 27, 2007 and retarded under King County Auditor's File No. 20071120000478, and an Agreement for Connection of Water & Sewer Facilities as Substantially Complete dated September 25, 2008 and recorded under King County Auditor's File No. 20090210000436, and a third Amendment dated June 24, 2010 and recorded under King County Auditor's File No. 20100803000172. and a Fourth Amendment dated March 11, 2011 and recorded under King County Auditor's File No. 20110405000167, and a fifth Amendment dated May 8, 2012 and recorded under King County Auditor's File Nos. 20120618001868 and 20121002001340, and a sixth Amendment dated April 11, 2013 and recorded under King County Auditor's File No. 20130430002121, for the Development of Cottages West has been satisfactorily completed. The Developer, Village Green of Federal Way, LLC, has fully complied with all of the Developer's obligations Pursuantut said geements, the District has accepted cepted waiving the hfa bond indemnity prefer referred provision therein r for requirements in operation. a maintenance and The lien created by Paragraph 27 of said agreement is hereby satisfied and released; PROVID€D, however, connection fees as described in said agreement may be payable on the realty described therein and no sanitary sewer and/or water service wilt be provided by the District until such fees have been paid in full. Dated this S11-day of STATE OF WASHINGTON ) County of King ) ss: 'AW(L !6 LAKEHAVEN UTILITY DISTRICT King County, Washington By: ;iM C3sborn , P.E. Development Engineering Manager I certify that I know or have satisfactory evidence that Tim Osborne is the person who appeared before me and said person acknowledged that lie signed this instrument, on oath stated that be was authorized to execute the instrument and acknowledged it as the Dev to rnent Engir)eerinq Manager of Lakehaven Utility District to be the 'free and voluntary act of such party mentioned in the instrument. for the uses and purposes NOTARY PUBUO STATE OF WASHINGM UVIMAnnAwftwoma COmmlssM Ex ft2-1&= DATED: (signature) Lataa. Public Title My appointment expires a2'/ S �Do1a 20060626002497.001 When Recorded Mail To: City of��a�ra� Way 33325 Su- Ave S P.O. Box 9718 Federal Way, WA 98063-2709 ATTN: Kevin Peterson 2006 PAGE'@03 NW�6 6002497 es/26/2aes gssa7 ss.ee KING CRLINTY, G: DRAINAGE RELEASE COVENANT AND EASEMENT FOR INGRESS AND EGRESS TO INSPECT AND MONITOR SURFACE WATER DRAINAGE FACILITIES Grantor:. Village Green of Federal Way, LLC, a Washington Limited Liability Company Grantee: CITY OF FEDERAL WAY, a Washington Municipal Corporation Property Legal Description: Lot B of CITY OF FEDERAL WAY Boundary Line Adjustment 00-104014- 000-00-SU ("Servient Property) Easement Legal Description: See Attached Exhibit A Q I!I L E D BY Assessor's Tax Parcel ID#: 302104 9146 f 0 / q 1- 11 I Village Green of Federal Way is the owner of that certain real property (the "Servient Property") located in Federal Way, Washington, and legally described as follows: Lot B, City of Federal Way. Boundary Line Adjustment 00-104014-000-00-SU, Recording Number 20011205900002. For valuable consideration, including but not limited to City of Federal Way approval of 01-103235-000-00- EN, the receipt of which is hereby acknowledged, Village Green of Federal Way, LLC, a Washington Limited Liability Company ("Grantor") grants, conveys and warrants to the CITY OF FEDERAL WAY, a Washington municipal corporation ("Grantee"), for the purposes hereinafter set forth a perpetual non-exclusive easement in, through, under, across and over that portion of the Property, legally described as follows: Legal Description of Easement attached hereto as Exhibit "A", depicted on Exhibit `B", and incorporated herein by this reference. 1. Purpose and Use. Grantee and its agents, designees and/or assigns shall have the right, without prior notice to Grantor, at such times as deemed necessary by Grantee, to enter upon the Servient Property to inspect and monitor the maintenance and operation of the surface water facilities including, but not limited to, the water quality treatment facility, the infiltration pond, underground conveyance pipes, catch basins, manholes, and all appurtenances thereto ("Facilities"). Grantor also grants to Grantee, its agents, designees and/or assigns the Tight of access over the Easement, as shall be reasonably required to enable Grantee to exercise its rights to inspect and monitor the Facilities as provided above. Grantor shall construct and maintain a gravel access road as approved under 01-103235-000-00-EN to allow Grantee reasonable access over and across said Easement. 20060626002497.002 2. Maintenance. Following installation of the Facilities, Grantor, its agents, desi assigns agrees to bear mairtfenancexesponszbilityognees, successors and/or f the: Facilities, consistent with the plans and operations and maintenance manual as approved by the Grantee under 01-103235-EN 3- Obstructions. Grantor shall keep the Easement clear of all vegetation and other obstructions to allow reasonable access to Grantee. Grantee may from time to time remove vegetation, trees, or other obstructions within the Easement to the extent reasonably necessary to provide clear access to the Easement area to carry out the purposes set forth in Paragraph 1 hereof, provided that following any such work, Grantee shall, to the extent reasonably practicable, restore the ,Easement to a condition similar to its condition prior to such work. 4. Grantor's Use of Easernertt. Grantor reserves for itself and its successors and assigns, the right to use the Easement at any time, in any manner, for any purpose not inconsisten waterlines, sanitary sewers, storm drains, natural gas, t with Grantee's full use and en o of the lights Provided herein, including installation of underground utilities, including but not limited at communication, cable TV, electric power, irrigation systems, and all appurtenances thereto and also including, but not limited to the construction of the private street improvements for the Village Green -- Cottages West development. Provided further, Grantor reserves the right to perform maintenance activities within the Easement, and provided that Grantor shall not construct or maintain any buildings Or other structures on the Easement, and that Grantor shad not perform grading, digging, tunneling, or other form of construction or maintenance activity on the Easement which would alter the functioning of the Facilities, and that Grantor shall not blast within fifteen (15) feet of the Easement. 5. Release. Grantor is the owner of adjacent property ("Adjacent Property''] legally described as Lot A, City of Federal Way Boundary Line Adjustment GO- I04014_000-00-gu, Recording Number 20011205900002. in consideration of Grantees approval of a drainage plan for the project known as plat of Tuscany, 01-103235- 000-00-EN on the Adjacent Property, which plan shall divert surface and storm waters from their natural course and cause them to flow through the Facilities located on the Servient Property, and/or other valuable consideration, receipt of Which is hereby acknowledged, the Grantor hereby willfully acknowledges, agrees and consents to the diversion of surface and storm waters through the facilities located on the Property and to hold and release Grantee hatntless for any damage that maybe caused by such diversion of flow except to the extent caused by the sole negligence of the Grantee. This release shaII be a covenant running with the land, touching and concerning the land, and shall be binding upon the Grantor, its heirs, successors and assigns forever, Grantor acknowledges that stormwater fnorn publicly owned systems will discharge into and flow across and sometimes over said Easement and said Facilities, and Grantor releases any and all claims against t narntee far injury, loss, damage, costs, and/or liability resulting from any injury to any person c from any less or damage to property related to Or arising out of the operation and maintenance, alleged failure to operate and maintain, design or construction, or alleged improper design or construction of the Facilities constructed by Grantor, or the discharge of s Ease ater from public stormwater systems or public rights -of -way, upon the Servient Property or into the Easement ar Facilities. 16. Indemnification. To the full extent permitted by law, Grantor agrees to indemnify, defend, and hold Grantee, its elected officials, officers, empIoyees, agents, and volunteers harnIless from any and all claims, demands, ]asses, actions and Inabilities (including costs and all attorney fees) to or by any and alI persons or entities, including without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or connected with the design or improper design, construction or improper construction, Operation or improper operation, of the facilities, and/or the maintenance (ar failure r maintain} construction, theFanl tion, This covenant to indemnify, hold harmless, and defend shall not be enforceable by the Grantee to the extentof 2 20060626002497.003 the sole negligence or intentional- misconduct of the Grantee or its employees, agents, or contractors with respect to its inspection or monitoring of the Facilities. 7. Successors and Assigns. The rights and obligations of the parties shall inure to the benefit of and be binding upon their respective successors in interest, heirs and assigns. DATED THIS `�� 411 day of JU" - , 20A GRANTOR V1VMCJj' By signature) f2EL7l�Ci (name) (title) STATE OF WASHINGTON ) ) ss. COUNTY OF KING } On this day personally appeared before me N)C�-s l GW to me known to be the M4l ofthe l € <- that executed the foregoing instrument, and acknowledged the said insfiument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this _J!Vday of kg: d (typed/printed name of notary) Notary Publid in and for the State of Washington. My commission expires [ 0 - [- 06 20060626002497.004 Beginning at the southeast corner of lot "B" of boundary line adjustment recorded under auditors file number 70011205900002; Thence along the south line thereof North 88047'44" West 22.00 feet; Thence North 01027'52" East 186.29 feet; Thence North 13033'34" West 125.36 feet; Thence North 12°42'46" West 117.60. feet to the beginning of a curve to the left; Thence 41.51 feet along said curve having a radius of 30.50 feet and a delta angle of 77°59' 12"; Thence South 89° 18'02" West 38.07 feet to the beginning of a curve to the left; Thence 52.79 feet along said curve having a radius of 35.00 feet and a delta angle of 86°25'04' ; Thence South 02°52'59" West 13.48 feet to the beginning of a curve to the right; Thence 28.94 feet along said curve having a radius of 50.50. feet and a delta angle of 32°50' 12"; Thence South 35°43' 11" West 22.90 feet to the beginning of a curve to the left; Thence 39.27 feet along said curve having a radius of 25.00 feet and a delta angle of 90'00'00"• Thence South 54°16'49" East 7.50 feet; Thence South 35°43' 11" West 22.00 feet; Thence North 54°16'49" 7.50 feet to the beginning of a curve to the left; Thence 39.27 feet along said curve having a radius of 25.00 feet and a delta angle of 90"00'W'; Thence South 35°16'49" West 3.00 feet; Thence North 54°16'49" West 22.00 feet; Thence North 35°43' 11" East 97.90 feet to the beginning of a curve to the left; Thence 16.33 feet along said curve having a radius of 28.50 feet and a delta angle of 32°50' 12"; Thence North 02°52'59" East. 153.94 feet to the beginning of a curve to the left; Thence 22.99 feet along Said curve having a radius of 15.00 feet and a delta angle of 87°47'52"; Thence North 84054'54" West 102.64 feet to the west line of said lot `B'; Thence along said west line for the next four courses North 66°41' 14" West 120.00 feet to the beginning of a non -tangent curve to the left which radius point bears North 661,41' 14" West; Thence 80.12 feet along said curve having a radius of 126.00 feet and a delta angle of 36°26'00"; Thence North 13007' 14" West 34.57 feet; Thence South 88°46'55" East 120.00 feet; Thence North 74°02'45" East 63.83 feet; Thence North 09°39'53" East 112.06 feet; 20060626002497.006 iThence North •18°54'49" East 13.6.77 feet to the North line of said lot "B"; Thence along said north line South 88°46'55" East 135.14 feet; Thence South 22°42'01" East 116.17 feet to the beginning of a curve to the right; Thence 59.45 feet along said curve having a radius of 42.50 feet and a delta angle of 80°08'47"; Thence South 57°26'46" West 158.74 feet to thebeginning of a curve to the left; Thence 30.95 feet along said curve having a radius of 32.50 feet and a delta angle of 54133'48' ; Thence South 02°52'59" West 218.07 feet to the beginning of a curve to the left; Thence 53.08 feet along said curve having a radius of 32.50 feet and a delta angle of 93°34'56"; Thence North 89018'02" East 32.96 feet to the beginning of a curve to the right; Thence 71.46 feet along said curve having a radius of 52.50 feet and a delta angle of 77°59' 12"; Thence South 12°42'46" East 117.44 feet; Thence South 13*33234' East 128.10 feet to a point of intersection with the projected west line of said lot "B"; Thence along said projected west line South 01°27'52" West 189.09 feet to the point of beginning. 20060626002497.006 .w LINE T LINE ABLE 1 LENGTH pro Li BEARING 38_Q7 S89-18-02^yy a a L2 13.48 L3 S02'52'Sg"W 22.9Q L4 S35 43'11 "w �sa,ao ��z • '� L5 7.so N54'16'49"W L6 22.00 S35.43'Jrt"W 7.50 N54.16'49"W pa+D L7 3.00 535 43'11 "W L8 22.00 554'16'49"E 4M L9 97.90 '��4op. Nn L10 10 2S35.4.3'11'W .64 584'54-'54^E 34.57 N 13-07.14"W L3 3 63.83 N 74 g2'45"E Vol H� 32.96 S89'1 Aa'3 �rf LM y0t 8'02" W 41 g CURVE TABLE o� x CURVE LENGTH R ti Z N ADiUS DELTA C1 41.51 30.50 77 59'12" C2 wg 52.79 35.00 5E'04" -25 C3 28.94 50,50 86 25'12" •• a x C4 39.27 25.0Q C5 39.27 90.00.00. w w 25.0o 90.00'QQ� �6 16.33 28.50 32 50'iz" 22.99 15.00 87 47'52^ C8 80.12 126.00 ry C9 59.45 .36-26'00^ 42.50 S0.08'47- - C10 30.95 32.50 5433'48" C71 53.08 32.50 933456^ C12 71.46 52.5Q 77:59'12" 5 � 6 h�'47'44•Kr � 1. A c iiUNCANSON' AIPANY, !NQ Civil Egpaom t 514 aC Sr+ue 102 4114. V-f,,nZA n 98166 PA- 206.244.4141 Au 24i 144 44ss lzsement Exhibit Scale: NTS Drawn: fUW Job No. 9848o 20061031001521.001 .Wlidn Rwordpzd Ret=TD: 200610 100 521 FEDERAL WAY EAS 44.eG Ca v offedeTal W PAGEM OF 10/31/2005 1e13 1:2 3, 9, eveKING COUNTY, WA4 9,9063-210 EXCISE TAX NOT REQUIRED Records Division BY40, Records ng C, Deputy co OW" - R ZAEMW tKUW 00,"I 'to your A00.0"ant Mpstbe filled ir�) Easement N a - !Last: name. Ant ton first tiameand Tillage Crean of Fade -al W-W, City of Federal'WaY Z Lot B City of Fede%-QJ.W0y':B0UftdaryL- i-ale-Adjottment W-1 0,4014- of 6per4y T.s.x p. r0 11A coif t N.ur -beF 7 .2104 i 91 -,.-4- 6-; lha-10OFffaii0n prPy-lded aqlhO 10 -'j. . - fi -latlft.t aorhO� �W �ssoflhe ��ndax-ll �lnf=�. ittaffmA n.c;l read 20061031001521.002 .Dp,AUNtA,(;,E RELEASE COVLNANTA.ND EASMENTIVIMAM"SS AND FGRES$ To $URF X -R-DRAMAGERAOUT-1199 . IN,5�-pEcT AND INID At �MATlg RECITALS A� V1114ge Greatl Of FOdUaj -WAY-V(h-mtoe) arid fhpd)iY of Yokml. WdY M3fAtt&') enteriedluto a DrainageRelcase Cove]aant.aftd Easement ft-rhgm and 5gresstoInspect und Mgnitox $,Llrface Water Dminage'FaCilit11;S.'K1ftg County 'Rwo*r 2006062600249.7 O.'achtd. B.. 'Villa ao Green Of FL*dOM1 WOLY 4nd -'he, CI V jA Feao_jW.V* WLdilo: replace the uh1gibeled 19ibibits,'woludcd in Vgg Couuty, Reowdero Xo.: 2C0606260024,97 V4th tbo attached Correct EgVb4 A And Cotfda Wulbit B- A.(.-,,RF ,r,,MF,NTS 1. A. e: the unlabieftd attached: Correer Rz.h1W arc Owmt MbIMM.by TeP"IL Thg. at .exhibits 7roorded 1XIVing COWY R',01zPYftMV&, UMANT , Vuff Cage' oerL Of Podefw way 11. - GRANTUS APP OVER AS TO FORM: A FK PatricWg. Richardsor� City At6orney 20061031001521.003 �,TA E* OF WASfUNGTON } C� OF Q On ihig , L -.day;af 'appeared fQfe�xa to =memown to lye the,_ - thatPncuted the foregoing zr��trumeAI a d ackn4 led�edt�ae said strfim�nrt to � h fee gads--oiunta :act and:cleed Qf-,,, corporation; for tiro uses and-p Ose tbet6 n ;mendoned, =d .Q? oath sated. that. he was authorized to eet�te Wd: nstrument.. DATED. OF W Prij.it-I a3 ae; U N•OT.E y pU-B i O in !=- r tih . rate of Waysb i ngWn,,:�es cl at 3 20061031001521.004 STATE OF WASHIN'M i ): ss: COUNTY OF KING On -this day , �06 b� pezr� IIy ap eared - ,1 �riii�u to -boll the o�ttc, that executed the fo ing,instrument, and acknowledged sdici stivmei�x to �� free and vc!iunt aet=d de_ed.ONAa d cOrParatic�n, for t uses and purpose #hexexrt mentioned, and Pi.i-oath 9&b . thgt. he was authorized to execute stdd lllstrumcnL DATED., _ V�'[. k � i -_ , �tl��, Print Nam. NOTARY PUI3IT-TCC it% and fgr tho o Washita&&, Miding at P( i�1�° APiient epic` 90 1 20061031001521.006 Gxnd' Ex�;b�-I� Beenning lotS" qf bQ '. y fine adjwtment m-orded Ouder auditors file w1mlyer'201 f 20590QCO2-, Thence along the sojtd� line thereof North.$V4714V' West 22.00 feet; Theace- NQrffi'G-1 W'V'Eat 1 86.2 9 feet; Thence - Npdh -215.3 6 fee; 41.:Sl Ojpng �Wd.-cxmve.havimg a radiva of 1606 feet arid, a delta. "gIri,-LOf Thence South 99clieOV-11 WfttN9.07 Feet to the be.&Ifling Of -a curve to the left-, Thence 52-70 feet Afon?,;Wd. -earye; Wift a ra&&.of S5.00 feet and :a delta -ansle of -8:6615'.047-, Thence South 0IQMI?,5r W-6st. 13,48 Im to -fife begnliiilrig Qf,,&COmwthe right; Thence 28,9.14 40A W09 �W tttvb UViAg 9 M&M 0 W50 ft.'et and A -deltk Oled 'Of Theoce S)%h W*,,UW, eq L-90 feet to Oz being of a cm le kf 1, Oa Thence 39417 f � *ng. soo. curve having a. ra&us Df 25.00 -feet and a delta `an g1d Vf '00POWW"'. Thence S,.auth Thence. South. War22.00kot; Than,c 6 North 54-100": %50 Wt -to th&beennip am wtM left, gafav t Thence 392Vfed gong vald Ourvo havmg a, radius Df 25:00 feet And -a delta angle of Thence $Wth�a 1-0:'49"-V &U.00 fed4 Thence Ndj& S.4116%W_ WoO �2.' CO M; Thence Mtdh 35*43'l-V` F.-;M9190 feet fo-the beginning of a curve to the fek- Thence 1633 :feet Abhg said curve havinga, radtug of 29,50 .feet, and -a delta angle of ThLetk&'.North 02'5VW'F4t 153i94ftMAXbe$nWq. Of A raurve to ftleft;! . Thej2&, 2_2�99,.teet:4w'g. wc d' puryr deltaogle Of Ihegm North 84'Q'6,1,4,5-W'Wmt'=-64 a-t-10 tht Wept llat of Wd Thence, along tald west Iin6 fof'Or. nm Mur obwa. Norffi 6614"1'14'! %st. 12A00 f& ' - ' m X w �i ,,,point:ht%ft Ntsitli tq bep'n n- of A. n6'a_tgoggr t4M. to the left hipbw �ra, us 126�00 fa -et ghd: .4. d6fti 0910, b TYience to-,12 rat adfigE NAjd clinehming a. radiusof Thence: morth noor W Wat. M'57-'feet; Thence. 96U th. 85 * 4 (F 5.5 n BW - 1 -20. 00 160 t; Theilce Ma, 74POT45" EA 6%3 icPt, Th,4 Nord Q9039 �5X" East 112.06 -*9 20061031001521.006 Tt4� c Nqrth 1,8. d5w_49" East 13637 -feet :to .thr, Mbirth line -of said lot "W; T-Ukim- gjqn-&-qid -north -line Sou(h ;88°4615" East B5143cet; TheawS,D1ufh22II',42 0V' East 116.17 fwt to dm beginning of a cum to the right;. netjda. 59.45 fMt, alp said cqrv� -having ;a M.. &us of 42.50 &et and a 4k.a ingle of P47 Theiloo South 726-'AC West M34- feet in tho beginning of o curvyto Elie p left ThezWe 3C7,95feet Along said m-ft Uvin,,.-a, radius oi 32-50 feet and a delta'angle of 'thence Sbua-0205T59" West 21,.S47'W to fbp-.begInrdng of a cqlvo la the left; Theme n.03 feet along said curve ba-v . inge radias of =5.0 feel and a delta. -angle of 931134'56"; n;e)Xc� ISOr.h $901$ V-2." East k,96 feet to the`�gianing of a.carve to ffe- it -4 Thexq7r feg giong said cM-e liaft A jAdiut of 52.50 feet and a delta a&je .6f UcacI;,SUpIh-.1:2I'4TzW East 1,17.44Jrd&.t;i Tjjpqcq;.SbWh 11.0331'34" East 1283616a. -to• a-poinr of z ifiwrs�Wa rwith the projected saia let v,; 'hence BlOng said projected west W Scfak 01W 'S"WW I;WQ9 feWtO, ft, POW Of bee g, 20061031001521.007 s+ � LIME TABE:E. LINE LEis OT 1 BEARING LI8fl7 s$9't8'02"SN L2 i 3;.48 S02'�2'59"W L3 .21.90 935`43'11"VV` L4' 7-59 N94'1.6'49" L5. '. L8 f S 4'1. '40r— 9 97-W S3a 43'31 "W, L10 10216-4 S8475V54"t Lil :34.57 f+f�T.!'67'1-4"IN• 02 6Z�,85 AZ4:`0f 43."E L13 326 _559'1$.0211.W C.URVE� T-A8LZ CURVE LENGTH RAMUS DELTA u i- ? -1.51 30.50 77*591 2A C2. 52r79 -:P OQ 86-25'ft4�;'° 322'50'127 Cat- 30_27 25y0.4 - 60760,0.0�. 05.3'9�7 25.-00.. -90'001.00" CB 15..33 . 28.56 32'61D I -2 Cl 22..99 15_OU 8747'52'` C8. $0.1 -1 1'-28.00 36.26'0.0" C'9 �9..45 ', 2.50 SO'08'4�p C�'0 30r95 32,5�] 54'33'4$" 0I2 r -• 71� E3bMANi'ON'dOMPA Y. INC. e s L=l P1M=,Da I �r.Si�;l3Srh ,Saeek Ssdte . j D�' ll &- � lYdrlungtaee J81d$ .P1w+m-id��fi4M� fax Z8&iqs 405 Las�et��liiExilibic a Scalin 'HAS. llZaw IUw .1O1O NO.59496 20061031001521.008 Pacrxc Nw rr26002497 r When Recorded Mail To: t'e R PRG0t of e0s 89.00 06126/200S IS:37 City of Federal Way KING CouhrY, W. 33325 a Ave S P.O. Box 9718 Federal Way, WA 98063-2709 ATTN: Kevin Peterson DRAINAGE RELEASE COVENANT AND EASEMENT FOR INGRESS AND EGRESS TO INSPECT AND MONITOR SURFACE WATER DRAINAGE FACILITIES Grantor:, Village Green of Federal Way, LLC, a Washington Limited Liability Company Grantee: CITY OF FEDERAL WAY, a Washington Municipal Corporation Property Legal Description: Lot B of CITY OF FEDERAL WAY Boundary Line Adjustment 00-104014- 000-00-SU ("Servient Property") Easement Legal Description: See Attached Exhibit A ,�� ` 1 � Assessor's Tax Parcel ID#: 302104 9146 k Village Green of Federal Way is the owner of that certain real property (the "Scruff ent Property") located in Federal Way, Washington, and legally described as follows: .Lot B, City of Federal Way. Boundary Line Adjustment 00-104014-000-00-SU, Recording Number 20011205900002. For valuable consideration, including but not limited to City of Federal Way approval of 01-103235-000-00- EN, the receipt of which is hereby acknowledged, Village Green of Federal Way, LLC, a Washington Limited Liability Company ("Grantor") grants, conveys and warrants to the Cr1Y OF FEDERAL WAY, a Washington municipal corporation. ("Grantee"), for the purposes hereinafter set forth a perpetual non-exclusive easement in, through, under, across and over that portion of the Property, legally described as follows: Legal Description of Easement attached hereto as Exhibit "A", depicted on Exhibit "B", and incorporated herein by this reference. 1. Purpose and Use. Grantee and its agents, designees and/or assigns shall have the right, without prior notice to Grantor, at such times as deemed necessaryby Grantee, to enter upon the 5ervient Property to inspect and monitor the maintenance and operation of the surface water facilities including, but not limited to, the water quality treatment facility, the infiltration pond, underground conveyance pipes, catchbasins, manholes, and all appurtenances thereto ("Facilities"). Grantor also grants to Grantee, its agents, designees and/or assigns the right of access over the Basement, as shall be reasonably required to enable Grantee to exercise its rights. to inspect and monitor the Facilities as provided above. Grantor shall construct and maintain a gavel access road as approved under 01-103235-000-00-EN to allow Grantee reasonable access over and across said Easement. 20061031001521.009 2. Maintenance. Following installation of the Facilities, Grantor, its agents, designees, successors and/or assigns -agrees to bearmaintenance responsibility of the Facilities, consistent with the plans and operations and maintenance manual as approved by the Granteeunder01-103235-EN 3. Obstructions. Grantor shall keep the Easement clear of all vegetation and other obstructions to allow reasonable access to Grantee. Grantee may from time to time remove vegetation, trees, or other obstructions within the Easement to the extent reasonably necessary to provide clear access to the Easement area to carry out the purposes set forth in Paragraph 1 hereof, provided that following any such work, Grantee shall, to the extent reasonably practicable, restore the Easement to a condition similar to its condition prior to such work. 4. Grantor's Use of Easement. Grantor reserves for itself and its successors and assigns, the right to use the Easement at any time, in any manner, for any purpose not inconsistent with Grantee's full use and enjoyment of the rights provided herein, including installation of underground utilities, including but not limited to waterlines, sanitary sewers, storm drains, natural gas, communication, cable TV, electric power, irrigation systems, and all appurtenances thereto and also including, but not limited to the construction" of the private street improvements for the Village Green — Cottages West development. Provided further, Grantor reserves the right to perform maintenance activities within the Easement, and provided that Grantor shall not construct or maintain any buildings or other structures on the Easement, and that Grantor shall not perform grading, digging, tunneling, or other form of construction or maintenance activity on the Easement which would alter the functioning of the Facilities, and that Grantor shall not blast within fifteen (15) feet of the Easement. ' S. Release. Grantor is the owner of adjacent property ("Adjacent Property) legally described as Lot A, City of Federal Way Boundary Line.Adjustrnent 00-104014-000-00-SU, Recording Number 20011205900002. In .consideration of Grantees approval of a drainage plan for the project known as Plat of Tuscany,- 01-103235- 000-00 EN on the Adjacent Property, which plan shall divert surface and storm waters from their natural course and cause them to flow through the Facilities located on the Servient Property, and/or other valuable consideration, receipt of which is hereby acknowledged, the Grantor herebywillfully acknowledges, agrees and consents to the diversion of surface and storm waters through the Facilities located on the Property and to bold and release Grantee harmless for any damage that may be caused by such diversion of flow except to the extent caused by the sole negligence of the Grantee. This release shall be a covenant running with the land, touching and concerning the land, and shall be binding upon the Grantor, its heirs, successors and assigns forever. Grantor acknowledges that stormwater from publicly owned systems will discharge into and flow across and sometimes over said Easement and said Facilities, and Grantor releases any and all claims against Grantee for injury, loss, damage, costs, and/or liability resulting from any injury to any person or from any loss or damage to property related to or arising out of the operation and maintenance, alleged failure to operate and maintain, design or construction, or alleged improper design or construction of the Facilities constructed by Grantor, or the discharge of stormwater from public stonnwater systems or public rights -of -way, upon the Servient Property or into the Easement or Facilities. 6. Indemnification. To the full extent permitted by law, Grantor agrees to indemnify, defend, and hold Grantee, its elected officials, officers, employees, agents, and volunteers harmless from any and all claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or connected with the design or improper design, construction or improper construction, operation or improper operation, of the Facilities, andlorthe maintenance (or failure to maintain) the Facilities. This covenant to indemnify, hold harmless, and defend shall not be enforceable bythe Grantee to the extent of 2 20061031001521.010 the sole negligence or intentional -misconduct of the Grantee or its employees, agents, or contractors with respect to its inspection or monitoring of the Facilities. 7. Successors and Assigns. The rights and obligations of the parties shall inure to the benefit of and be binding upon their respective successors in interest, heirs and assigns. DATED THIS } day of t�cJv�— . 20-Av GRANTOR ui UAA (e ) 13y _ signature} (title) STATE OF WASHINGTON ) ss. COUNTY OF KING ) On this day personally appeared before me to me known to be the e�fl& _ ofthe t G <- that executed the foregoing instrument, and acknowledged the said ins ent to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this W day of � � , 200& i 0- PeLA(typedlprme of notary) Notary Public in and for the State of Washington. My commission expires [a- J— V6 3 20061031001521.011 Beginning at the southeasf comer of lot "B" of boundary line adjustment recorded under auditors file number 20011205900002; Thence along the south line thereof North 88047'44" West 22.00 feet; Thence North 01°27'52" East 186.29 feet; Thence North 13°33'34" West 125.36 feet; Thence North 12042'46" West 117.60-feet to the beginning; of a curve to the left; Thence 41.51 feet along said curve having a radius of 30.50 feet and a delta angle of 77°59' 12"; Thence South 89°18'02" West 38.07 feet to the beginning of a curve to the left; Thence 52.79 feet along said curve having a radius of 35.00 feet and a delta angle of 86°25'04"; Thence South 02°52'59" West 13.48 feet to the beginning of a curve to the right; Thence 28.94 feet along said curve having a radius of 50.50 feet and a delta angle of 32°50'12"; Thence South 35°43' 11" West 22.90 feet to the beginning of a curve to the left; Thence 39.27 feet along said curve having a radius of 25.00 feet and a delta angle of 90°00'00"; Thence South 54016'49" East 7.50 feet; Thence South 35°43' 11" West 22.00 feet; Thence North 54°16'49" 7.50 feet to the beginning of a curve to the left; Thence 39.27 feet along said curve having a radius of 25.00 feet and a delta angle of 90°00'00"; Thence South 35°16'49" West 3.00 feet; Thence North 54" 16'49" West 22.00 feet; Thence North 35043' 1 I" East 97.90 feet to the beginning of a curve to the left; Thence 16.33 feet along said curve having a radius of 28.50 feet and a delta angle of 32°50' i 2"; Thence North 02°52'59" East. 153.94 feet to the beginning of a curve to the left; Thence 22.99 feet along said curve having a radius of 15.00 feet and a delta angle of 87°47'52"; , Thence North 84°54'54" West 102.64 feet to the west line of said lot "B"; Thence along said west line for the next four courses North 66°41' 14" West 120.00 feet to the beginning of a non -tangent curve to the left which radius point bears North 66041' 14" West; Thence 80.12 feet along said curve having a radius of 126.00 feet and a delta angle of 36126'00' ; Thence North 13007' 14" West 34.57 feet; Thence South 88°46'55" East 120.00 feet; Thence North 74002'45" East 63.83 feet; Thence North 09039'53" East 112.t16 feet; 20061031001521.012 /Thence North .18°54'49" East 136.77 feet to the North line of said lot "B"; Thence along said north Fine South 88°46'55" East 135.14 feet; Thence South 22°42'01" East 116.17 feet to the beginning of a curve to the right; Thence 59.45 feet along said curve having a radius of 42.50 feet and a delta angle of 80°08'47"; Thence South 57°26'46" West 158.74 feet to the -beginning of a curve to the left; Thence 30.95 feet along said curve having a radius of 32.50 feet and a delta angle of 54°33'48' ; Thence South 02°52'59" West 218.07 feet to the beginning of a curve to the left; Thence 53.08 feet along said curve having a radius of 32.50 feet and a delta angle of 93`34'56' ; Thence North 89° 18'02" East 32.96 feet to the beginning of a curve to the right; Thence 71.46 feet along said curve having a radius of 52.50 feet and a delta angle of 77°59' 12"; Thence South 12°42'46' East 117.44 feet; Thence South 13°33'34" East 128.10 feet to a point of intersection with the projected west line of said lot'B' ; Thence along said projected west line South 01°27'52" West 189.09 feet to the point of beginning. 20061031001521.013 S88*46.55-E 135.14' �y �wiP o n6 ;acY N88'46'S5�102 G e a� 1 hrfrR n iv N Lm 10 'A'acn c mot If Lt3 ci �n Gry LT Cf x P. v a r {B v V V_ t 10 ca'v a n n n -A N Cat V A PlBB"47�44'W N �. 4 EWNCANSON COMPANY, INC. CiA Eaginracing " Si cyiag • L-d Plam�g 14S SW 15Sth Street Safe 102 Seattk 1YL-hingfon 98166 Phone 106-244.4141 Fax 206.244.4455 Easement Exhibit Scale: NTS Drawn: KJW lob' No. 99480 LINE TABLE LINE LENGTH BEARING L1 38_0� sss-18'a2"w L2 t 3.48 S02'S2'S9"W L3 22.90 S35'43'11"W L4 7_S'0 N54'18'49"W LS 2200 S35'43'13 "W L6 7.50 N54'16'49"W L7 3.00 S35'43'11"W • L8 22.00 S54'15'49"E L9 97.90 S35'43'1?"W L10 102.64 S$4'S4•'S4"E L11 34.57 Nt3'07'i4"W L12 63.83 N74'02'45"E L?3 32.96 S89't8'a2"W CURVE TABLE CURVE LENGTH RADIUS DELTA C1 43.53 30.50 77'S9't2" C2 52.79 35.00 86'25'04" C3 28.94 50.50 32'SO'12" C4 39.27 25.00 90'Oa'00" C5 39.27 25.00 90-00'00" C6 t6.33 28.50 32'S0'12" C7 22.99 15.00 8747'S2" C8 80_t2 ?26.00 36-26'00" C9 59.45 42.50 80-08'47" C10 30.95 32.50 54'33'48" C71 53.08 32.50 93'34'56" C32 7?.46 52.50 77'S9'12" .1 20071217000017.001 FILED FOR RECORD AT REQUEST OF: 1111411111 IN lul 11111 tl111 all 1111111111111411E1 mEi IF11 � � ,;• 20071217000017 CITY C 41.00 MAIL T0: PAGE001 OF 002 /17/2037 :45 CITY OF FEDERAL WAY K2 08l PO BOX 9718 FEDERAL WAY, WA 98063-9718 ATTN: Kevin Peterson, Public Works Department EXHIBIT D LICENSE Grantor: Village Green of Federal Way, a Retirement Community, LLC Grantee: CITY OF FEDERAL WAY, a Washington Municipal Corporation Property Legal Description (abbreviated): Lot B of BLA 00-104014-00-SU, K.C. Rec. #20011205900002 Additional Legai'Description indicated below. Assessor's Tax Parcel ID#(s): 302104 9146 . The undersigned owner of certain real property located in Federal Way, Washington and legally described as follows: LOT B, CITY OF FEDERAL WAY BOUNDARY LINE ADJUSTMENT 00- 104014-00-SU, AS RECORDED UNDER KING COUNTY RECORDING NUMBER 20011205900002. ("Property") hereby grants an irrevocable license to the City of Federal Way ("City") and the City's agents, employees, contractors or representatives to enter upon the Property to inspect the construction of improvements, the performance of work or to allow the City to perform any necessary maintenance or work, all pursuant to that certain Agreement and Performance/Maintenance Bond dated September 21st , 2007 entered into between the City and the undersigned and incorporated herein by this reference. DATED this,day of---'-*' � �� , 200Y 20071217000017.002 Brooks Powell, Member Village Green of Federal Way, a Community,LLC P.O. Box 98309 Des Moines, WA 98198 STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this day personally appeared before me Brooks Powell, to me known to be the Member of Village Green of Feder�iCenSe, and acknowent ledged theu aiid,LLC, the ins� instrument company that executed the foregoing for the uses and to be the free and voluntary act and deed of said company, purposes therein mentioned, and on oath stated that he was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this . day of s ► �ao`� -(notary signature) (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires 10 G:\LAW FORM S\Agreemenl&perfornumeMsint enanceBond L:\CSDC\DoCs\sAVLz\20532214088.dor- Rev. 09/04 20080226001717.001 When Recorded, Return to: Amicus Law Group, PC 1325 Fourth Avenue, Suite 940 Seattle, WA 98101 I l i } � 01717 ��..�py44.00 pAGi001 OF 003 KID CQ TYfRWAg Condominium Sale Prohibition Covenant Grantor(s) : Village Green of Federal Way, A Retirement Community, LLC Grantee: The State of Washington Legal Description: Abbreviated form: Lot B, Federal Way BLA No. 00-104014-00-SU Recording No. 20011205900002 Full legal description on Exhibit A Assessor's Property Tax Parcel or Account Number: 302104-9146-01 This covenant is being recorded in the real property records of King County, Washington, in satisfaction of the requirements of RCW 64.55.010 through 64.55.090. The undersigned grantor ("Owner") is the owner of the property described on Exhibit A (the "Property"), which is addressed in the records of the Federal Way Department of Community and Development Services as Village Green — Cottages West. The Owner irrevocably covenants and agrees: Until termination of this covenant, no dwelling unit in or on the Property may be sold as a condominium unit except for sales listed in RCW 64.34.400(2). This covenant terminates on the earlier of either: (a) Compliance with the requirements of RCW 64.55.090 as certified by the Owner of the Property in a recorded supplement hereto; or (b) the fifth anniversary of the date of first occupancy of a dwelling unit as certified by the Owner in a recorded supplement hereto. All title insurance companies and persons acquiring an interest in the Property may rely on the forgoing certifications without further inquiry in issuing any policy of title insurance or in acquiring an interest in the Property. This covenant shall run with the land and shall bind the grantor and the grantor's heirs, personal representatives, successors in interest and assigns. 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Mal) 080,I=""@II "`=■",,' �� r�t� � n�:� IBM 81 E it r1 ilrt iiri �1f/��vJj1IL1J1�CivQ PO Box 90868 / EST-06W PUGET SOUND £N EAS 43.00 Bellevue, WA 98009 PNG6001 03/05/2008 OF 902 10:13 KING COUNTY, !!F EASEMENT REFERENCE M GRANTOR: VILLAGE GREEN OF FEDERAL WAY, a Retirement Community, LLC GRANTEE: PUGET SOUND ENERGY, INC. SHORT LEGAL: Portion of Lot B, Federal Way BLA 00-104014-00-SU ASSESSOR'S PROPERTY TAX PARCEL: 302104-9146 For and in consideration of One Dollar ($1.00) and other valuable consideration in hand paid, VILLAGE GREEN OF FEDERAL WAY, a Retirement Community, LLC ("Grantor" herein), hereby conveys and warrants to PUGET SOUND ENERGY, INC., a Washington Corporation ("Grantee" herein), for the purposes hereinafter set forth, a nonexclusive perpetual easement over, under, along, across, and through the following described real property ("Property" herein) in King County, Washington: LOT B, CITY OF FEDERAL WAY BOUNDARY LINE ADJUSTMENT No. 00-104014-00- SU, RECORDED UNDER KING COUNTY RECORDING NUMBER 20011205900002, SAID BOUNDARY LINE ADJUSTMENT BEING A PORTION OF THE WEST HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 30, TOWNSHiP 21 NORTH, RANGE 4 EAST, W.M. Except as may be otherwise set forth herein Grantee's rights shall be exercised upon that portion of the Property ("Easement Area" herein) described as follows: An Easement Area Ten (10) feet in width having Five (5) feet of such width on each side of a centerline described as follows: THE CENTERLINE OF GRANTEE'S FACILITIES AS NOW CONSTRUCTED, TO BE CONSTRUCTED, EXTENDED OR RELOCATED, LYING WITHIN THE ABOVE DESCRIBED REAL PROPERTY. 1. Purpose. Grantee shall have the right to use the Easement Area to construct, operate, maintain, repair, replace, improve, remove and enlarge one Or more utility systems for purposes ofiransmission, distribution and sale of gas and electricity. Such system may include, but are not limited to: Underground facilities. Pipes, pipelines, mains, laterals, conduits, regulators and feeders for gas; conduits, lines, cables. vaults, switches and transformers for electricity; fiber optic cable and other lines, cables and facilities for communications; semi -buried or ground -mounted facilities and pads, manholes, meters, fixtures, attachments and any and all other facilities or appurtenances necessary or convenient to any or all of the foregoing. Fallowing the lnlllai construction of all or a portion of its systems, Grantee may, from time to time, construct such additional facilities as It may require for such systems. Grantee shall have the right of access to the Easement Area over and across the Property to enable Grantee to exercise Its rights hereunder. Grantee shall compensate Grantor for any damage to the Property caused by the exerclse of such right of access by Grantee. 2, Easement Area Clearing and Maintenance. Grantee shall have the right 10 cut, remove and dispose of any and all brush, trees or other vegetation in the Easement Area. Grantee shall also have the right to control, on a oonfinuIng basis and by any prudent and reasonable means, the establish m ant and growth of brush, trees or other vegetation In the Easement Area. 3. Grantor's Use of Easement Area. Grantor reserves the right to use the Easement Area for any purpose not inconsistent with the rights hereln granted, provided, however, Grantor shall not construct or maintain any buildings, structures or other objects on the Easement Area and Grantor shall do no blasting within 300 feet of Grantee's facilities without Grantee's prior written consent. 4. Indemnity. Grantee agrees to indemnify Grantor from and against liability incurred by Grantor as a result of Grantee's negligence in the exercise of the rights herein granted to Grantee, but nothing herein shall require Grantee to indemnify Grantor for that portion of any such liability attributable to the negligence of Grantor or the negligence of others. Cottages West 105049624 / 107032102 RW-D67439 Page 1 of 2 20080305000581.002 5, Abandonment. The rights herein granted shall continua until such time as Grantee ceases to use the Easement Area for a period of five (5) successive years, in which event, this easement shall terminate and all rights hereunder, and any Improvements remaining in the Easement Area, shall revert to or otherwise become the property of Grantor, provided, however, that no abandonment shall be deemed to have occurred by reason of Grantee's failure to initially install its systems on the Easement Area within any period of time from the date hereof. 6. Successors and Assigns, Grantee shall have the right to assign, apportion or otherwise transfer any or sit of Its rights, benefits, privileges and Interests arising in and under this easement. Without limiting the generality of the foregoing, the rights and obligations of the parties shall inure to the benefit of and be binding upon their respective successors and assigns. DATED this 7140 day of 2008. GRANTOR: VILLAGE GREEN OF FEDERAL771:) Retirement Community, LLC BY: 4K i W ITS: �.dtaYr STATE OF WASHINGTON ) ) SS COUNTY OF K oN o On this 216T day of Fi+r7RV-tP( . 2008, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared N4 tPPJ TtE 4 to me known to be the person(s) who signed as of VILLAGE GREEN OF FEDERAL WAY, a Retirement Community, the limited Iiability company that executed the within and foregoing Instrument, and acknowledged said instrument to be t+t 5 free and voluntary act and deed and the free and voluntary act and deed of said limited liability company for the uses and purposes therein mentioned; and on calh stated that 140 was authorized to execute the said instrument on behalf of said limited Itabllity company. IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written. ignature of Notary) --7Oe//4T#M 0 AM or-, (Print or stamp name of Notary) NOTARY PUBLIC in and for the State of Washington, residing at y° yj� ?V4—j'J My Appointment Expires: Notary seal, text and all nolalrons must be Inside 1' margins Cottages West 105049624/107032102 RW-067439 Page 2 of 2 1 Return Address: Lakehaven Utility District Development Services P. O. Box 4249 Federal Way, WA 98063-4249 COVER SHEET Document Title: Easement for Water and Sewer Facilities Reference Number(s): Grantor(s): Village Green of Federal Way LLC Grantee(s): Lakehaven Utility District Legal Description: Lot B, BLA #00-104014-00-SU, KCAF #20011205900002 Additional l4ga1 description is on Exhibit "A" of document. Assessor's Property Tax Parcel/Account Number: 302104-9146 20090114001111.001 sB.ea DISTRICT USE ONLY. BELOW THIS LINE Account -Number: Project -Number: 2271000.000 Fund: (circleane) Amount: WATER I SEWS $50.00 6305004 20090114001111.002 EASEMENT FOR WATER AND SEWER FACILITIES THIS AGREEMENT by and between Lakehaven Utility District, a municipal corporation of King County, Washington, its successors, agents, designees or assigns, hereinafter termed "Grantee" and Villa e Green of Federal WaL L.L.C., its successors, agents, designees or assigns, hereinafter termed "Grantor". WITNESSETH: That Grantor, for and in consideration of One Dollar ($1.00) or other valuable consideration, the receipt of which is hereby acknowledged, hereby conveys to the Grantee: A perpetual, non-exclusive easement and right-of-way, hereinafter termed "easement," for water and/or sewer facilities of the Grantee, and all appurtenances related thereto, hereinafter termed "Grantee's facilities," through, over and across the real property described in Exhibit "A," attached hereto and incorporated herein by reference. The location of said easement shall be as described in Exhibit "S," and as depicted in Exhibit "C," both of which are attached hereto and incorporated herein by reference. The Grantor and Grantee hereby covenant and agree to the following terms, provisions and conditions: Grantee shall have the right at such time as Grantee deems necessary, without prior institution of any suit or proceeding at law and without prior notice to Grantor, to install, repair, reconstruct, operate and/or maintain Grantee's facilities within said easement, and to enter upon said real property described in Exhibit "A" for the purposes described herein, without incurring any legal obligation or liability therefore, provided that such shall be accomplished in such manner that existing private improvements shall not be disturbed or destroyed, except as provided hereunder. Grantor hereby agrees that no building, wall, fence, rockery, tree or structure of any kind shall be erected or planted, and no fill material shall be placed, within said easement. Grantor further agrees that no excavation shall be made within three feet (3') of Grantee's facilities and that the level of the ground surface Within said easement shall be maintained at the elevation existing at the time said facilities were installed, except for temporary disturbances not affecting Grantee's facilities. Grantor hereby agrees that no water and/or sewer system facility or appurtenance of any kind shall be constructed or located by Grantor, or any third party acting under authority of Grantor, within or proximate to said easement, unless such installation is approved by Grantee Cottage West Agr/Prof #OS-C10/6305004 Easement No. W - H-i3 9$9 1501-1503 S — 17 3-37G9 11-13 1513 20090114001111.003 and is in conformance with the then -current edition of the "Criteria for Sewage Works Design" published by the Washington State Department of Ecology. Grantor hereby further agrees that no other utility facility or appurtenance of any kind, including utility service connections, shall be constructed or located by Grantor, or any third party acting under authority of Grantor, within three feet (Y), measured horizontally for parallel alignments, or within six inches (6"), measured vertically for crossing or perpendicular alignments, of any portion of the Grantee's facilities. Grantor hereby grants to the Grantee the use of such additional area immediately adjacent to said easement as shall be reasonably required for installation, repair, reconstruction, operation and/or maintenance of Grantee's facilities within said easement. Grantor hereby agrees to not in any way block, restrict or impede access to or from, or full use of, said easement by Grantee; or convey to a third party any easement, or other interest or right of use of said real property subject to such easement, that would impair or limit the easement rights granted herein. Grantor hereby agrees that in the event of any such encroachment, as set forth herein, upon said easement and/or Grantee's facilities, the Grantee shall have the right to require removal of such encroachment, and same shall be accomplished within a reasonable period of time: by and at Grantor's expense. Failure of Grantee to so exercise its right to require removal of any such encroachment shall neither constitute waiver of this right, nor preclude other remedies available to the Grantee. The Grantee agrees that any existing improvements on said real property that neither encroach upon, nor conflict with, the rights conveyed to Grantee as set forth herein, that may be disturbed or destroyed by Grantee's facilities, or Grantee's activities related to such facilities, will be replaced, repaired, or otherwise restored as reasonably practicable, to the pre -event condition by and at Grantee's expense. This Agreement and each of the terms, provisions, conditions and covenants herein shall be binding upon and apply to the benefit of the parties hereto and their respective successors, agents, designees, or assigns. Cottage West Cottage Agr/Prof #05-610/6305004 Easement No. W - H-13 989 1501-1503 S — 1763-1769 H-13 1513 20090114001111.004 DATED this day of ZM1 COMPANY By Its �P—� 4- STATE OF WASHINGTON ss: County of 14 1 W L-1 } I certify that I know or have satisfactory evidence that signed this instrument, on oath stated that was authorized to execute the instrument and acknowledged it as the 4-_-" of Village Green of Federal Wad L.L.C, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED: V tie z- -2-c� For recording in the State of Washington, the Notarial Seal must be fully legible and cannot intrude into document margins. Please affix seal in the space provided. ne Agr/Prof #05-610/6305004 Not@U Public Title My appointment expires /O 214 1 v Easement No. W - H-13 989 1501-1503 S - 1763-1769 1i-13 1513 20090114001111.006 EXHIBIT "A" Le a11'ra ert Descri Lion Lot `B" of Boundary Line Adjustment No. 00-104014-00-SU recorded under recording number 20011205900002, being also a portion of the northeast quarter of the northeast quarter of Section 30, Township 21 North, Range 4 East, W. M., situated in King County, Washington. Tax Parcel No. 302104-9146 Cottage West Cottage #OS-610/6305004 Easement No. W - H-U 1 1501-15Q3 S -- 1763-1769 H-13 1513 20090114001111.006 EzCHIBIT "B" THAT PORTION OF LOT B, FEDERAL WAY LOT LINE ADJUSTMENT NO. 00-104014-00-SU, RECORDED UNDER KING COUNTY RECORDING NO. 20011205900002, BEING ALSO A PORTION OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE EASTERLY END OF THE SOUTH LINE OF SAID LOT B; THENCE ALONG SAID SOUTH LINE, NORTH 88°47'44" WEST 26.00 FEET; THENCE NORTH 01027'52" EAST 119.36 FEET TO THE BEGINNING OF A CURVE TO THE LEFT, CONCAVE WESTERLY, HAVING A RADIUS OF 474.00 FEET; THENCE 28.29 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 03025'09" TO THE BEGINNING OF A CURVE TO THE LEFT, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 13.00 FEET; THENCE 26.64 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 117025'03" TO THE BEGINNING OF A CURVE TO THE LEFT, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 76.00 FEET; THENCE 43.60 FEET ALONG SAID CURVE THRUOGH A CENTRAL ANGLE OF 32052,211, TO THE BEGINNING OF A CURVE TO THE RIGHT, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 24.00 FEET; THENCE 75.40 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 180000'00" TO THE BEGINNING OF A CURVE TO THE RIGHT, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 124.00 FEET; THENCE 98.08 FEET ALONG SAID CURVE THRUOGH A CENTRAL ANGLE OF 45019'1 V TO THE BEGINNING OF A CURVE TO THE LEFT, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 13.00 FEET; THENCE 19.19 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 84°34'22" TO THE BEGINNING OF A CURVE TO THE LEFT, CONCAVE WESTERLY, HAVING A RADIUS OF 474.00 FEET; THENCE 46.68 FEET ALONG SAID CURVE THRUOGH A CENTRAL ANGLE OF 05038'31" TO THE BEGINNING OF A CURVE TO THE LEFT, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 13:00 FEET; THENCE 21.84 FEET ALONG SAID CURVE THRUOGH A CENTRAL ANGLE OF 96016,371, TO THE BEGINNING OF A CURVE TO THE LEFT, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 88.00 FEET; THENCE 26.11 FEET ALONG SAID CURVE THRUOGH A CENTRAL ANGLE OF 16059'49'; THENCE SOUTH 49035'12" WEST 83.36 FEET TO THE BEGINNING OF A CURVE TO THE LEFT, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 74.00 FEET; THENCE 40.50 FEET ALONG SAID CURVE THRUOGH A CENTRAL ANGLE OF 31°21'39'; THENCE SOUTH 18*13'33" WEST 136.70 FEET; THENCE SOUTH 72002'51" EAST 20.45 FEET; THENCE SOUTH 18001'15" WEST 20.00 FEET; THENCE NORTH 72'02'51 "WEST 20.52 FEET; THENCE SOUTH 18°13'33" WEST 26.51 FEET TO THE SOUTH LINE OF SAID LOT B; THENCE ALOING SAID SOUTH LINE, NORTH 88047'44" WEST 54.38 FEET; THENCE NORTH 18013'33" EAST 79.43 FEET; THENCE NORTH 71046'27" WEST 30.98 FEET; THENCE NORTH 18013'33" EAST 15.00 FEET; THENCE SOUTH 71 °46'27" EAST 30.98 FEET; THENCE NORTH 18°13'33" EAST 104.70 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT, CONCAVE SOUTHEASTERLY, HAVIONG A RADIUS OF 126.00 FEET; THENCE 68.97 FEET ALONG SAID CURVE THRUOGH A CENTRAL ANGLE OF 31'21'39"; Page I of 3 20090114001111.007 THENCE N 49035'12" E 83.36 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 140.00 FEET; THENCE 47.77 FEET ALONG SAID CURVE THRUOGH A CENTRAL ANGLE OF 19033,031, TO THE BEGINNING OF A CURVE TO THE RIGHT, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 13.00 FEET; THENCE 19.48 FEET ALONG SAID CURVE THRUOGH A CENTRAL ANGLE OF 85051'38" TO THE BEGINNING OF A CURVE TO THE LEFT, CONCAVE EASTERLY, HAVING A RADIUS OF 526.00 FEET; THENCE 83.40 FEET ALONG SAID CURVE THRUOGH A CENTRAL ANGLE OF 0900605" TO THE BEGINNING OF A CURVE TO THE LEFT, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 13.00 FEET; THENCE 19.44 FEET ALONG SAID CURVE THRUOGH A CENTRAL ANGLE OF 85°40'01'; THENCE SOUTH 86°41'40" WEST 25.01 FEET TO BEGINNING OF A CURVE TO THE RIGHT, CONCAVE NORTHERLY, HAVING A RADIUS OF 124.00 FEET; THENCE 13.39 FEET ALONG SAID CURVE THRUOGH A CENTRAL ANGLE OF 06'1119"; THENCE NORTH 87°07'01" WEST 1.93 FEET TO THE BEGINNING OF A CURVE TO THE LEFT, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 13.00 FEET; THENCE 20.42 FEET ALONG SAID CURVE THRUOGH A CENTRAL ANGLE OF 90000'00"; THENCE SOUTH 02052'59" WEST 7.46 FEET TO THE BEGIUNNING OF A CURVE TO THE RIGHT, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 134.00 FEET; THENCE 76.80 FEET ALONG SAID CURVE THRUOGH A CENTRAL ANGLE OF 32°50'1T; THENCE SOUTH 35043'11"WEST 90,74 FEET; THENCE NORTH 54016'49" WEST 32.80 FEET; THENCE NORTH 22°37'21" EAST 175.20 FEET; THENCE NORTH 02°52'59" EAST 146.93 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT, CONCAVE EASTERLY, HAVING A RADIUS OF 165.00 FEET; THENCE 8.20 FEET ALONG SAID CURVE THRUOGH A CENTRAL ANGLE OF 02°50'52'; THENCE NORTH 05°43'50" EAST 143.24 FEET; THENCE NORTH 57026'46" EAST 178.46 FEET; THENCE NORTH 01046'35" EAST 37.82 FEET; THENCE NORTH 27026'57" WEST 102.02 FEET; THENCE NORTH 37037'16" WEST 21.78 FEET TO THE NORTHERLY LINE OF SAID LOT B; THENCE ALONG SAID NORTH LINE, SOUTH 88046'55" EAST 38.57 FEET; THENCE SOUTH 27026'57" EAST 133.25 FEET TO TEH EASTERLY LINE OF SAID LOT B; THENCE ALONG SAID EASTERLY LINE, SOUTH 01027'52" WEST 57.47 FEET; THENCE NORTH 88032'08" WEST 39.79 FEET; THENCE SOUTH 57026'46" WEST 132.06 FEET; THENCE SOUTH 05'43'50" WEST 142.17 FEET TO THE BEGINNING OF A CURVE TO THE LEFT, CONCAVE EASTERLY, HAVING A RADIUS OF 126.00 FEET; THENCE 6.26 FEET ALONG SAID CURVE THRUOGH A CENTRAL ANGLE OF 02°50'52'; THENCE SOUTH 02052'59" WEST 99.24 FEET TO THE BEGINNING OF A CURVE TO THE LEFT, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 13.00 FEET; THENCE 20.02 FEET ALONG SAID CURVE THRUOGH A CENTRAL ANGLE OF 88014,46'; THENCE SOUTH 89020'04" EAST 10.63 FEET; THENCE NORTH 86041'40" EAST 24.60 FEET TO THE BEGINNING OF A CURVE TO THE LEFT, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 13.00 FEET; THENCE 19.62 FEET ALONG SAID CURVE THRUOGH A CENTRAL ANGLE OF 86027`37" TO THE BEGINNING OF A CURVE TO THE RIGHT, CONCAVE EASTERLY, HAVING A RADIUS OF 526.00 FEET; THENCE 24.32 FEET ALONG SAID CURVE THRUOGH A CENTRAL ANGLE OF 02°38'56"; THENCE NORTH 02052'59" EAST 85.52 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT, CONCAVE SOUTHERLY, HAVING A RADIUS OF 26.00 FEET; THENCE 81.68 FEET ALONG SAID CURVE THRUOGH A CENTRAL ANGLE OF 180°00'00"; Page 2 of 3 20090114001111.008 THENCE SOUTH 02°52'59" WEST 85.52 FEET TO THE BEGINNING OF A CURVE TO THE LEFT, CONCAVE EASTERLY, HAVING A RADIUS OF 474.00 FEET; THENCE 14.89 FEET ALONG SAID CURVE THRUOGH A CENTRAL ANGLE OF 01047,591, TO THE BEGINNING OF A CURVE TO THE LEFT, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 13.00 FEET; THENCE 21.42 FEET ALONG SAID CURVE THRUOGH A CENTRAL ANGLE OF 94023'19"', THENCE NORTH 86041'40" EAST 14.80 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT, CONCAVE SOUTHERLY, HAVING A RADIUS OF 176.00 FEET; THENCE 29.26 FEET ALONG SAID CURVE THRUOGH A CENTRAL ANGLE OF 09031'27" TO THE EASTERLY LINE OF SAOD LOT B; THENCE ALONG SAID EASTERLY LINE FOR THE NEXT TWO COURSES, SOUTH 02°52'59" WEST 23.99 FEET TO AN ANGLE POINT IN SAID EASTERLY LINE; THENCE SOUTH 15'01'02" EAST 30.78 FEET TO THE BEGINNING OF A NON -TANGENT CURVE TO TEH LEFT, CONCAVE SOUTHERLY, THE RADIUS POINT OF WHICH BEARS SOUTH 12°01'29" WEST 124.00 FEET; THENCE 33.18 FEET ALONG SAID CURVE THRUOGH A CENTRAL ANGLE OF 15019'49' THENCE SOUTH 86041'40" WEST 14.17 FEET TO THE BEGINNING OF A CURVE TO THE LEFT, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 13.00 FEET; THENCE 21.63 FEET ALONG SAID CURVE THRUOGH A CENTRAL ANGLE OF 95019'03" TO THE BEGINNING OF A CURVE TO THE LEFT, CONCAVE EASTERLY, HAVING A RADIUS OF 474.00 FEET; THENCE 84.38 FEET ALONG SAID CURVE THRUOGH A CENTRAL ANGLE OF 10°11,59'; THENCE SOUTH 18049'22" EAST 44.86 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT, CONCAVE WESTERLY, HAVING A RADIUS OF 526.00 FEET; THENCE 166.55 FEET ALONG SAID CURVE THRUOGH A CENTRAL ANGLE OF 18008'31" TO THE SOUTHERLY LINE OF SAID LOT B; THENCE ALONG SAID SOUTHERLY LINE, SOUTH 88-04'25" WEST 25.68 FEET TO AN ANGLE POINT WHICH LIES NORTH 01 027'52" EAST FROM THE POINT OF BEGINNING; THENCE SOUTH 01 °27'52" WEST 137.42 FEET TO THE POINT OF BEGINNING; CONTAINING 92,234 SQUARE FEET, MORE OR LESS. 1lw �xp��sa IIle 0►8 Page 3 of 3 20090114001111.009 . . . S88'46' Lao EXHIBIT "C" �s01'13'05"w� N�UNL49 60.00' e 0 r o L31 h� n OTC Y 5 S FEOSPAL4 p.0 oo.1 o 4- No 588'46'55"E NK NO ,GOg5900002 120,00' `J 200 NJ 3'07'14"W 34.57' ,.� N88'49'12"W R=126-00' J 10.58' L=80.12' G24 1 �20 0=3626'00" Ng�, Qp• CN oo go U U Y W000S � C23 N C27 a ,rOSCA `0 L35L35 v l39 z NC26f a 17 C28 L17 L43 SC22 oo 1A � V C16 L16 C29 f yr 7 a► v / 3 o ffN „ Q �41038 exP:ass03 0 M y 0T 6 LLA �;`` A' ti C6 s No 4 FEy7Eo"4g44-0 z No ra. f%aggq2 `' h G C� K 0q�g20-- � cn N88-04'25"E 84.62' C 1 a [s J y0T D Y LLA '0 -� co �EOERAL N0.00 0 RVC. y$o 178,03' L9 L7 200.64' L1 K�scq 206900002 SHEET 1 /2 5 N88'47'44"W 459.05' 00yTi0 t 0 �-rQAG-r .X l 1.0� nKN DOE A I-Oj 7 Jam- 2ND AVE SW 20100218000744.001 AFTER RECORDING RETURN TO: Annmarie Petrich 1900 W. Nickerson Street, Ste 209 Seattle, WA 98119 1111111111111 20100218000744 PAGE-001 OF 003 OV 88.00 021 12010 104 13 ICING COUNiY, WA COVENANT Grantors: Village Green of Federal Way, A Retirement Community LLC; Monte B. Powell; Diane E. Powell Grantee: The City of Federal Way Legal Description (Abbreviated): Lot B and Lot D of BLA 00-104014-00-SU Assessor's Tax Parcel Nos.: 302104-9146; 302104-9017 Reference No. of Documents: N/A Released or Assigned: N/A THIS AFFORDABLE HOUSING COVENANT ("Covenant") is made as of 2010, by VILLAGE GREEN OF FEDERAL WAY, A RETIREMENT COMMUNITY LLC, a Washington limited liability company, Monte B. Powell and Diane E. Powell (collectively "Owners"), for the benefit of THE CITY OF FEDERAL WAY, a municipal corporation ("City"), with reference to the following facts: A. Village Green of Federal Way, A Retirement Community LLC is the owner of that certain parcel of real property commonly known as Cottages West (referred to as the "VG Property") and legally described as: 20100218000744.002 Lot B, City of Federal Way Boundary Line Adjustment No. 00.104014-00- SU, recorded under King County Recording Number 2001 I205900002, said Boundary Line Adjustment being a portion of the west half of the northeast quarter of the northeast quarter in Section 30, Township 21 North, Range 4 East, W.M., in King County Washington. Tax Parcel No. 302104-9146 B. Monte B. Powell and Diane E. Powell are the owners of that certain parcel of real property legally described as: Lot D, City of Federal Way Boundary Line Adjustment No. 00-104014- 00-SU, recorded under King County Recording Number 20011205900002, said Boundary Line Adjustment being a portion of the west half of the northeast quarter of the northeast quarter in Section 30, Township 21 North, Range 4 East, W.M., in King County Washington. Less: A portion of the Northeast Quarter of the Northeast Quarter of Section 30, Township 2I North, Range 4 East, W.M., in King County, Washington described as follows: Beginning at the intersection of the centerline of 2nd Avenue Southwest with the west line of Lot D, City of Federal Way Boundary Line Adjustment No. 00-104014-00-SU, recorded under King County Recording Number 20011205900002; Thence along the northerly projection of the centerline of said 2°d Avenue Southwest and the west line of said Lot D, North 01 °27'52" East, 133.60 feet to a point of intersection with the north line of 2"d Avenue Southwest; Thence along the easterly projection of said north line, South 88047'44" East, 30.00 feet to a point on the northerly projection of the east line of said 2nd Avenue Southwest; Thence along the northerly projection of said east line, South 01 027'52" West, 133.76 feet to a point of intersection on the exterior boundary of said Lot D; Thence along said exterior boundary, North 88'30' 11" West, 30.00 feet to the point of beginning; Containing 4,010 square feet, more or less. Tax Parcel No. 302104-9017 C. The VG Property and the Powell property are collectively referred to as the "Property". D. The City has granted Owners approval to construct on the Property a senior housing development.(the "Project") subject to the following requirement: That a minimum of five percent (5%) of the Project housing units be established as Affordable Housing units as defined below. 20100218000744 0-63 E. If the Affordable Housing units are provided, in accordance with City of Federal Way Revised Code Section 19.110.010(3)(a), the Project may exceed 205 units. F. The total Affordable Housing units required for the Project may be provided within units constructed solely on the Powell property. G. As a condition of the City's approval of the Project, Owners are required to impose certain covenants on the Property. NOW, THEREFORE, in consideration of the foregoing recitals and for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Owners agree as follows: 1. Definitions. For the purposes of this Covenant, the following terms shall have the following meanings: a. "Affordable Housing" means dwelling units that are offered for rent at a Rental Rate that is affordable to those individuals and families having incomes that are 80 percent or below the median county income. b. "Rental Rate" means charges for occupancy of a unit exclusive of charges for utilities (including, but not limited to, electricity, sewer, garbage, water, gas, telephone and cable television), activities, transportation, housekeeping, yard maintenance, meals, and personal care services. 2. Affordable Flousing Covenant. Owners agree that a minimum of five percent (5%) of the constructed Project units (not including any bonus market rate units allowed by FWRC 19.110.010(3)(a)) will be Affordable Housing units. 3. Duration. This Covenant shall terminate and be of no further force and effect at the end of the life of the Project. 4. Governine Law. This Covenant shall be construed under and enforced in accordance with the laws of the State of Washington without regard to any conflicts of laws principals. 5. Successors and Assigns. All of the terms and conditions of this Covenant shall run with the land and shall be binding upon the assigns, heirs and successors of Owners. 20100218000744.004 IN WITNESS WHEREOF the parties have executed this Agreement the day and year first written above. Monte B. Powell Manager, Village Green of Federal Way, A Retirement Community LLC. Monte B. Powell COUNTY OF KING ) ss STATE OF WASHINGTON 1 �QeAr ra Diane E. Powell On this date personally appeared before me, Monte B. Powell to me known to be the Manager of Village Green of Federal Way, A Retirement Community LLC and who executed within and foregoing instrument, and acknowledged that he/she or they signed the same as his/her or their free and voluntary act and deed, for the use and purposes therein mentioned. Given under my hand and official seal this 'Ind day of WNW1111�,�i _► ; ra 0. Printed Name: NOTARY PUBLIC in and for the State of�-, Washington, residing at �y'R'•�� My Commission Expires Z- ']Dim 201002180007".005 COUNTY OF KING ) ss STATE OF WASHINGTON ) On this date personally appeared before me Monte B. Powell to me known to be the individual or individuals described in and who executed within and foregoing instrument, and acknowledged that he/she or they signed the same as his/her or their free and voluntary act and deed, for the use and purposes therein mentioned, Given under my hand and official seal this S& day of 'Printed Name: L NOTARY PUBLIC in and or a St�teof j Washington, residing at ie � I jR.(2 My Commission Expires 1;2 ap -gyp COUNTY OF KING ) ss STATE OF WASHINGTON ) On this date personally appeared before me Diane E. Powell , to me known to be the individual or individuals described in and who executed within and foregoing instrument, and acknowledged that he/she or they signed the same as his/her or their free and voluntary act and deed, for the use and purposes therein mentioned. Given under my hand and official seal this eJr� day of p Printed Name: NOTARY PUBLIC in and for Sta a of Washington, residing at — CA, My Commission Expires _/;2 -,R j? - gig /2_I 20100218000745.001 AFTER RECORDING RETURN TO: Annmarie Petrich 1900 W. Nickerson Street, Ste 209 Seattle, WA 98119 I 20100218000745 RHH[1RRIE PETRI COV PRGE-8P or 003 YIN6, COUNTY1MO 4LJR3 COVENANT Grantor: Village Green of Federal Way, A Retirement Community LLC Grantee: The City of Federal Way Legal Description (Abbreviated): Lot B of BLA 00-104014-00-SU Assessor's Tax Parcel No.: 302104-9146 Reference No. of Documents: N/A Released or Assigned: N/A THIS SENIOR HOUSING COVENANT ("Covenant") is made as of 2010, by VILLAGE GREEN OF FEDERAL WAY, A RETIREMENT COMMUNITY LLC, a Washington limited liability company ("Owner"), for the benefit of THE CITY OF FEDERAL WAY, a municipal corporation ('City'), with reference to the following facts: A. Grantor is the owner of that certain parcel of real property commonly known as Cottages West (referred to as the "Property") and legally described as: Lot B, City of Federal Way Boundary Line Adjustment No. 00.104014-00- SU, recorded under King County Recording Number 20011205900002, 20100218000745.602 said Boundary Line Adjustment berg a portion of the west half of the northeast quarter of the northeast quarter in Section 30, Township 21 North. Range 4 East, W.M., in King County Washington. Tax Parcel No. 302104-9146 B. The City has granted Owner approval to expand a neighboring senior housing development commonly known as Village Green Retirement Campus onto the Property (the "Project"). C. As a condition of the City's approval of the Project, Owners are required to impose certain covenants on the Property. NOW, THEREFORE, in consideration of the foregoing recitals and for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Owner agrees as follows: 1. Senior Housing Comet. As required by Federal Way Revised Code Section 19.200.100 Note 2.a, Project housing will be available for the exclusive occupancy of persons over 55 years of age and the spouses or caretakers living with such persons. 2. Governing Law. This Covenant shall be construed under and enforced in accordance with the laws of the State of Washington without regard to any conflicts of law principals. 3. Successors and Assigns. All of the terms and conditions of this Covenant shall run with the land and shall be binding upon the assigns, heirs and successors of Owner. , W, 20100218000745.003 IN WITNESS WHEREOF the parties have executed this Agreement the day and year first written above. /C1 Monte B. Powell Manager, Village Green of Federal Way, A Retirement Community LLC. 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I, < i - J. T F< '- — - —� b SW 355TH PL. I •'S ..I r?as.ea'. i g m Gm a A s �Z �in�w - m 8 n - SW 356TH ST. g .0 o w N qq I 1 1 1 11 - S I —1 ;, mil > - a �it__ n� S+P ; I IZ m 8-8 �,; = �_ •w, I I� / I yr I a'::b�• " \� � �4� �� $off I of 'Ire._ �� ,� ^_ 1 o q 1 (E Sl` g �� I vi4 11 ❑ z y ! ! >= 1 �l4 y JIj _m I __. •..1 ' / {;i =� En . `a . y� r [a T"7 m m o ! f I I -• .34 �rQ. • N III I 3 _ y� c a O I Y /WI6'IY41^W '25 " 1 SCC79 sy m m < K ® I SW 355TH PL. oA GM)�� m JT I �1 O 4'" rrn I _ F '. I 0� o z C m -on z - SW 356TH sT. 1 w ❑ ®! - O w N 11111111111111111111111111 20331117003134 FIRST AMERICAN EAS 145.00 PAGE-001 OF 022 11/17/2011 14:27 KING COUNTY, WA AFTER RECORDING MAIL TO: Name The Nathanson Group PLLC EXCISE TAX NOT REQUIRED Address 600 University Street, Suite 2000 Kin co. Ae City/State Seattle, WA 98101 _ pePuty Attn: Randi Nathanson Document Title(s): 1. Reciprocal Easement and Joint Use and Maintenance Agreement Reference Number(s) of Documents Assigned or released: Grantor(s): 1. Village Green of Federal Way, a Retirement Community, LLC 2. Powell Family Land Company, LLC 3. Monte B. Powell 4. Dianne E. Powell ] Additional information on page of document Grantee(s): 1. Village Green of Federal Way, a Retirement Community, LLC 2. Powell Family Land Company, LLC 3. Monte B. Powell 4. Dianne E. Powell ) Additional information on page of document Abbreviated Legal Description: Lots it-B and 11-C, BLA No. 11-103696-00-SU, Rec. 20111102900001 and Lot D, BLA 00-104014- 00-SU, Rec. 20011205900002 Tax Parcel Number(s): 302104-9146-01,302104-9024-08 and 302104-9017-07 [ X ] Complete legal description is on page 15, 17 & 19 of document Record Requested by and when Recorded Return to: The Nathanson Group PLLC One Union Square 600 University Street, Suite 2000 Seattle, Washington 98101 Attention_ Randi S. Nathanson RECIPROCAL EASEMENT AND JOINT USE AND MAINTENANCE AGREEMENT This Reciprocal Easement and Joint Use and Maintenance Agreement (the "Agreement") is entered into this 14`s day of November, 2011 (the "Execution Date"), by and between Vil Inge Green of Federal Way, a Retirement Community, LLC, a Washington limited liability company ("Village Green" or the "Lot II-C Owner") and Powell Family Land Company, LLC, a Washington limited liability company (the "Lot II-B Owner") and Monte B. Powell and Dianne E. Powell, husband and wife (the "Lot D Owner" and together with Village Green and the Lot 11- B Owner, the "Parties"). RECITALS WHEREAS, Village Green is the owner of that certain real property located in the City of Federal Way, King County, State of Washington, as more particularly described on Exhibit "A," attached hereto and by this reference incorporated herein (the "Village Green Property"), upon which is located an Independent/Assisted Living Care Facility known as Village Green Retirement Campus (the "Village Green Retirement Campus"). WHEREAS, the Lot II-B Owner is the owner of that certain undeveloped real property, located in the City of Federal Way, King County, State of Washington, more particularly described on Exhibit "B," attached hereto and by this reference incorporated herein, which real property is located adjacent to each of the Village Green Property and the Lot D Property (as defined below) (the "Lot II-B Property"), which the Lot II-B Owner contemplates will be developed into free standing cottages (the "Cottages"). WHEREAS, the Lot D Owner is the owner of that certain undeveloped real property, located in the City of Federal Way, King County, State of Washington, more particularly described on Exhibit "C," attached hereto and by this reference incorporated herein, which real property is located adjacent to each of the Village Green Property and the Lot 11-B Property (the "Lot D Property" and together with the Village Green Property and the Lot II-B Property, the "Property"). WHEREAS, the Parties desire to (I) grant reciprocal easements for the purposes of (a) utilities, (b) vehicular and pedestrian access and (c) ingress and egress over, across and through portions of the Property and to create rights and obligations between themselves relating to the use and maintenance of such reciprocal easements and (II) terminate certain existing easements which encumber some or all of the Property and which are intended to be superseded in their entirety by this Agreement. NOW, THEREFORE, in consideration of the foregoing recitals and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows. AGREEMENT Grant of Reciprocal Easements. A. Village Green hereby grants to each of the Lot II-B Owner and the Lot D Owner and each of its employees, invitees, guests, agents and other persons as may be designated from time to time for the benefit of the Lot 11-B Property and the Lot D Property, respectively, non-exclusive easements for purposes of: (i) pedestrian and vehicular access, ingress and egress over, across and through the portion of the Village Green Property, as depicted on the diagram attached hereto as Exhibit "D," attached hereto and by this reference incorporated herein (the "VG Access Easement"), (ii) general utilities, together with the right to enter onto the portion of the Village Green Property for the purpose of constructing, operating, maintaining, repairing, replacing and/or removing any facilities that may be necessary for the supply of gas, water, electrical power, sewage and waste disposal, drainage, telephone, communications or other utilities (public or private) over, across and through any portion of the Village Green Property on which such utility lines/facilities are located as of the date hereof or may hereafter be located by the applicable utility service provider (the "VG Utility Easement"). B. The Lot II-B Owner hereby grants to each of Village Green and the Lot D Owner and each of its employees, invitees, guests, agents and other persons as may be designated from time to time for the benefit of the Village Green Property and the Lot D Property, respectively, non-exclusive easements for the purposes of: (i) pedestrian and vehicular access, ingress and egress over, across and through the Lot 11-B Property, as depicted on the diagram attached hereto as Exhibit "D" (the "Lot B Access Easement"), (ii) general utilities together with the right to enter onto the portion of the Lot II-B Property for the purpose of constructing, operating, maintaining, repairing, replacing and/or removing any facilities that may be necessary for the supply of gas, water, electrical power, sewage and waste disposal, drainage, telephone, communications or other utilities (public or private) over, across and through any portion of the Lot 11-B Property on which such utility lines/facilities are located as of the date hereof or may hereafter be located by the applicable utility service provider (the "Lot B Utility Easement"). C. The Lot D Owner hereby grants to each of Village Green and the Lot 11-B Owner and each of its employees, invitees, guests, agents and other persons as may be designated from time to time for the benefit of the Village Green Property and the Lot II-B Property, respectively, non-exclusive easements for the purposes of: (i) pedestrian and vehicular access, ingress and egress over, across and through the Lot D Property, as depicted on the diagram attached hereto as Exhibit "D" (the "Lot D Access Easement" and together with the VG Access Easement and the Lot B Access Easement, the "Access Easements"), (ii) general utilities together with the right to enter onto the portion of the Lot D Property for the purpose of constructing, operating, maintaining, repairing, replacing and/or removing any facilities that may be necessary for the supply of gas, water, electrical power, sewage and waste disposal, drainage, telephone, communications or other utilities (public or private) over, across and through any portion of the Lot D Property on which such utility lines/facilities are located as of the date hereof or may hereafter be located by the applicable utility service provider (the "Lot D Utility Easement" and together with the VG Utility Easement and the Lot Utility Easement, the "Utility Easements" and together with the Access Easements, the "Easements"). D. Notwithstanding the foregoing, Village Green acknowledges and agrees that, in connection with the development of the Lot D Property, the Lot D Owner shall have the right to relocate some or all of the roadway and/or the water line located on Lot D provided it does so in a manner which does not, in the case of the roadway, adversely affect ingress to or egress from the Village Green Property and in the case of the water line, adversely affect the continued operation of the Village Green Retirement Campus. 2. Use of the Easements. Each Party shall exercise their rights with respect to the Easements granted hereunder in such a manner consistent with the terms of this Agreement and, so as to not unreasonably interfere with the use by any other Party and its employees, invitees, guests, agents and other designated persons of that Party to its portion of the Property, facility, buildings or improvements and in accordance with the terms and conditions of this Agreement. The Easements are non-exclusive and each Party shall avoid any interference with or obstruction of access to any other Party's property, facility, buildings or other improvements on such other Party's portion of the Property. 3. Maintenance of the Easements. The Parties agree that so long as this Agreement is in effect each Party, using its good faith commercially reasonable discretion shall control and be responsible to maintain and repair or cause to be maintained and repaired, in good condition and repair the portion of the Property owned by it and on which the Easements are located. In the event any Party fails to fulfill its obligations under this Section 3 (a "Delinquent Property Owner") and fails to cure such breach within a thirty (30) day period after the receipt of written notice from another Party setting forth in reasonable detail the nature of such breach (the "Non - Delinquent Party"), then the Non Delinquent Party shall have the right to undertake any needed maintenance or repair of the applicable portion of the Property and seek to recover from the Delinquent Property Owner any and all costs reasonably incurred by such Party in connection therewith. 4. Remedies. Each Party (an "Indemnifying Party") shall indemnify, defend and hold harmless each other Party (an "Indemnified Party") from and against any liability, claim, damage, costs or expense (including without limitation, reasonable attorneys' fees), lien, claim of lien, judgment, proceeding and cause of action of any kind whatsoever incurred or suffered by an Indemnified Party as a result of either (i) the use of the Easements by the Indemnifying Party or (ii) the failure of the Indemnifying Party to perform its obligations under this Agreement in accordance with the requirements of this Agreement (collectively, a "Default"). Notwithstanding the foregoing, the rights and remedies granted to an Indemnified Party upon the occurrence of a Default shall in no event include the right to terminate the access of an Indemnifying Party to the Easements located on its portion of the Property. 5. Insurance Coverage. Each Party agrees to maintain, and or cause to be maintained, at no cost to the other Parties, commercial general liability insurance insuring its interests against claims for personal injury, bodily injury, death and property damage occurring on, in or about the portion of the Property owned by it with a "Combined Single Limit" (covering personal injury liability, bodily injury liability and property damage liability) of not less than an amount required by any lender providing financing secured by its portion of the Property and naming the other party as an additional insured/loss payee thereunder. 6. Taxes. Each Party shall pay or cause to be paid directly to the applicable taxing authority as and when due the real property taxes assessed against the portion of the Property owned by such Party. Each Party shall have the right, at its own cost and expense, to contest or protest or seek to have reviewed, reduced equalized or abated any real property tax or other special tax or assessment levied upon its property by first paying such tax or assessment and thereafter filing a claim for refund or pursuing such other remedy as may be available under and in accordance with Washington state law. 7. Termination of Existing Easements. Each of the Parties, as well as the additional signatories identified below, does hereby agree that effective upon the recording of this Agreement, those easements described in Exhibit E hereto (the "Existing Easements") shall be terminated and of no further force and effect. 8. Notices. Any notice, request or other communication to be given by any Party hereunder shall be in writing and shall be sent by registered or certified mail postage prepaid by overnight courier guaranteeing overnight delivery or by facsimile transmission (as confirmed by written facsimile confirmation of sender's facsimile machine that such notice was received at the number specified below or by a written notice to the sender) to the following address, it being understood and agreed that, as of the Execution Date, the Parties are all under the common control of the same party or parties: Monte B. Powell 22528 Marine View Drive S. Des Moines, WA 98198 Telephone: 253-839-4405 Facsimile: 253-824-5797 Notice shall be deemed given upon the actual receipt or refusal of receipt thereof regardless of the method of delivery used. Any Party may change its address or the name of the addressee applicable to subsequent notices by giving notice as provided above. Upon a transfer of ownership of a portion of the Property (the "Transfer"), the transferring Party shall provide notice of such transfer to the other Parties (a "Change of Ownership Notice"). Whether or not a Change of Ownership Notice is provided upon Transfer, the notice address for the transferee (the "New Party") shall be deemed to be the to be the primary address of the transferred portion of the Property until such time as the New Party provides a different notice address to the Parties in the manner provided above. 9. Severability. The invalidity or unenforceability of any provision of this Agreement in whole or in part shall not affect the validity or enforceability of any other provision or any valid and enforceable part of a provision of this Agreement. 10. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, and all of which, together, shall constitute one and the same instrument. 11. Time is of the Essence. Time is of the essence in connection with each and every provision of this Agreement. 12. Choice of Law. This Agreement is to be governed by and construed in accordance with the laws of the State of Washington. 13. Paragraph Headings. The headings of the paragraphs of this Agreement are inserted solely for convenience of reference, and are not intended to govern, limit or aid in the construction of any term or provision hereof. 14. Interpretation. This Agreement shall be construed by a fair and reasonable interpretation of the words used in it without regard to which party drafted or cause to be drafted the provision or provisions. 15. Attorneys' Fees and Expenses of Litigation. If any Party shall bring suit to recover damage under this Agreement or to otherwise enforce of interpret this Agreement and a judgment is entered, the prevailing party shall be entitled to a reasonable sum as attorneys' fees, and all costs and expenses in connection with such suit, which sum shall be included in any such judgment or decree. Such attorneys' fees and expenses shall include both those incurred at the trial and appellate level. 16. Compliance with Laws. Each Party shall comply with all of the requirements of all county, municipal, state, federal and other applicable governmental authorities now in force or which may hereafter become effective pertaining to the portion of the Property owned by it and shall faithfully observe or cause such observation thereof as the same relate to any portion of the Property owned by any other Party when exercising the rights with respect to the Easements granted to such Party hereunder. 17. Cooperation; Amendments. A. Each of the Parties agrees, upon request of another Party hereto, to execute such amendments or modifications to this Agreement including, but not limited to, amendments to or modifications of the Easements granted hereunder and/or granting additional easements, in each case in order to facilitate the ownership, operation and/or development of the Property (collectively, the "Modifications") provided no Party shall be required to consent to an Modification if the proposed Modification would, in the reasonable judgment of such Party, adversely affect the use or value of the portion of the Property owned by such Party; and provided, further, that nothing herein shall be construed as releasing any Party hereto from any obligation which it may have under the terms of any applicable loan documents to secure the consent to any such Modifications from, or to provide notice to, any lender holding an interest secured by the Property and, if and to the extent such notice or consent is required, no such Modification shall be effective as to such Party unless and until it has secured any such consent or provided any such notice all as required by the terms of the applicable loan documents. B. In furtherance of the foregoing, this Agreement may not be altered, modified, amended or terminated except by an instrument in writing duly executed by the Parties then bound by this Agreement and in recordable form, which shall be recorded promptly and the expense thereof shall be borne equally by all Parties then bound hereunder. 18. Term. The Easements granted herein shall be permanent, perpetual and non- exclusive easements which shall run with the title to the Property and shall be binding upon all persons and entities having or acquiring any right, title or interest therein or any part thereof, their grantees, heirs, personal representatives, successors and assigns, and shall inure to the benefit of each and every person or entity from time to time owning or holding an interest in said real property or any portion thereof and shall further inure to the benefit and be binding upon the successors, grantees, successors -in -title, assigns, tenants, licensees and invitees of each such person or entity. (Signature Pages Follow) IN WITNESS WHEREOF, the undersigned has executed this Agreement as of the date first set above. VILLAGE GREEN OF FEDERAL WAY, A RETIREMENT COMMUNITY, LLC, a Washington limited Liabi ' y Company By: ALZI Z9-41eL4-� Monte B. Powell Its: Manager By: Diane E. Powell Its: Manager STATE OF WASHINGTON ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that Monte B. Powell is the person who before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the manager of Village Green of Federal Way, a Retirement Community, LLC, a Washington limited liability company to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: (Stamp or Name: vuk I My Commission Expires: STATE OF W ) ss. COUNTY OF KING I certify that I know or have satisfactory evidence that Diane E. Powell is the person who before me, and said person acknowledged that she signed this instrument, on oath stated that she was authorized to execute the instrument and acknowledged it as the manager of Village Green of Federal Way, a Retirement Community, LLC, a Washington limited liability company to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: -4 If� I j (Stamp or seal) hi, C w�L WotWFMfic for the State o a ing n Name:✓1" L (n _ i�� My Commission Expires: 5 ' Z 3. 13 IN WITNESS WHEREOF, the undersigned has executed this Agreement as of the date first set above. POWELL FAMILY LAND COMPANY, LLC, a Washington limited liability pang sy: GSr4 Its: rl4A4? X74 coe STATE OF WASHINGTON ) ss. COUNTY OF KING ) I certify that 1 know or have satisfactory evidence that KfL 4Wis the person who before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the �the v- of Powcll Family Land Company, LLC, a Washington limited liability company, tote and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: I1 (Stamp or seal) Notaiy Puklic for the St tt/of W hi ton Name: 00, LLG 1 My Commission Expires: 3 i IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date first set above. MONTE B. POWELL STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that 6 PDwltkis the person who before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument a as a of d �n the 1 rtstrusne t. U►�*� ac�1•�e W �t ► �- c k may` Dated: 1 i ``U r. �ry sr� a Sc Scv►�, 1'3r� -line.. �,� sr,�•- (Stamp or sear - ;; % f'''r. y►►ri(3 fjt J� .r. • � •N' l �y, • .r.� ata Ftpbfic for the State of W shi ton Name: t]VI vt L. [ dGarl My Commission Expires: s -2--3 • 1.3^ i111 MIN Di Do � . %• f f STATE OF WASHINGTON ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that LkN 1! � the person who before me, and said person acknowledged that he signed this instrument, on oath stated that she was authorized to execute the instrument and acknowledged it as Of to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. 0 Dated: U A V �n�► .��+�/ _I 4- III (Stamp or sear,..+•••��►►►';,;:.�; A vl, Not Public for the State of ashes tg og o�y';..,�. ame: ��'! h G �:E�'E ��• My Commission Expires: 2 ' �� 9 CONSENT TO TERMINATION OF EXISTING EASEMENTS The undersigned has executed this Agreement as of the date first set above for the sole purpose of confirming the termination of any of the Existing Easements to which the undersigned is a party. PAN WESTERN LAND COMPANY, INC., a Washington corporation 13y: Its:A� STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that - A f' ta-is the person who before me, and said person acknowledged that he signed this instrument, on oath silted that lie was y�udiorize:d to execute the instrument and acknowledged it as the d of }'aA ) Lky. i L CO. to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: (Stamp or seal) 10 CONSENT TO TERMINATION OF EXISTING EASEMENTS The undersigned have executed this Agreement as of the date first set above for the sole purpose of confirming the termination of any of the Existing Easements to which the undersigned is a party. A42 MONTE B. PO WELL STATE OF WASHINGTON ss. COUNTY OF KING I certify that I know or have satisfactory evidence that Poytc'*- Powi!A is the person who before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: Of - 0- U ( I (Stamp or seal) �` R��ti\tit\\►1SW `. i 4?r�� f 0 C-017 got blic for the St e F W shin on �� My Commission Expires: s L-s - t 11 CONSENT TO TERMINATION OF EXISTING EASEMENTS The undersigned have executed this Agreement as of the date first set above for the sole purpose of confirming the termination of any of the Existing Easements to which the undersigned is a party. STATE OF WASHINGTON COUNTY OF KING DIANE E. POWELL ) ss. ) I certify that I know or have satisfactory evidence that I r is the person who before me, and said person acknowledged that she signed this instrument, on oath stated that she was authorized to execute the instrument and acknowledged it as the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: A)y iLY1L� I �--' id) I (Stamp or seal) ■+', ► e 3 ��f ia• •J��r yr4�� f r rs � �•�Zttl11►�.�� '� ZP lic for the Stat ty: Is DN VILi. L My Commission Expires: 12 Washi Kc EXHIBIT A LEGAL DESCRIPTION OF RETIREMENTCAMPUS PROPERTY (See Attached) 13 Lot I I-C, City of Federal Way Boundary Line Adjustment No. 11-103696-00-SU, recorded November 2, 2011 under King County Recording No. 20111102900001, said Boundary Line Adjustment, in King County, Washington. EXHIBIT B LEGAL DESCRIPTION OF LOT II-B PROPERTY (See Attached) 14 Lot 11-B, City of Federal Way Boundary Line Adjustment No. 11-103696-00-SU, recorded November 2, 2011 under King County Recording No. 20111102900001, said Boundary Line Adjustment, in King County, Washington. EXHIBIT C LEGAL DESCRIPTION OF LOT D PROPERTY (See Attached) 15 LOT D, CITY OF FEDERAL WAY BOUNDARY LINE ADJUSTMENT NO. 00- 104014-00-SU, RECORDED DECEMBER 5, 2001 UNDER KING COUNTY RECORDING NO.20011205900002, IN KING COUNTY, WASHINGTON; EXCEPT THAT PORTION OF SAID LOT D CONVEYED TO THE CITY OF FEDERAL WAY FOR ROAD PURPOSES BY DEED RECORDED IN KING COUNTY, WASHINGTON, UNDER RECORDING NO.20080225000630. EXHIBIT D DIAGRAM OF EASEMENT (See Attached) 16 I - SW 355TH PL ` E� dI SW 356TH ST. ow DUNCANSON Cis [AL CIVIL ENGINEERING • SURVEYING . LAND PLANNING 1a.rni532m.g&L10.s.oftnrWRo= wM ft— f7Ni17d"ja A- (nfl ""m DRAWN: jM8 DATE 09/20/11 SHEET:./ SCALE: 1 "=200* PROJECT: 98480.3 1 I _ EASEMINT LOT D BLA 00-10414-00-SU VILLAGE GREEN RECIPROCAL EASEMENT EXHIBIT D EXHIBIT E THE EXISTING EASEMENTS 1. Non -Exclusive Easement Agreement, dated August 30, 1996, by and between Village Green of Federal Way, A Retirement Community, LLC, as Grantor, and Pan Western Land Company, Inc., a Washington corporation, as Grantee, recorded on September 3, 1996, under Recording No. 9609031406 in the Records of the County Auditor's Office of King County, Washington. 2. Exclusive Easement Agreement, dated August 30, 1996, by and between Village Green of Federal Way, A Retirement Community, LLC, as Grantor, and Pan Western Land Company, Inc., a Washington corporation, as Grantee, recorded on September 3, 1996, under Recording No. 9609031407 in the Records of the County Auditor's Office of King County, Washington. 3. Exclusive Easement Agreement, dated December 31, 1998, by and between Monte B. Powell and Diane E. Powell, husband and wife, as Grantor, and Village Green of Federal Way, A Retirement Community, LLC, as Grantee, recorded on January 7, 1999, under Recording No. 9901071544 in the Records of the County Auditor's Office of King County, Washington. 4. Exclusive Easement Agreement, dated October 31, 2000, by and between Village Green of Federal Way, A Retirement Community, LLC, as Grantor, and Monte B. Powell and Diane E. Powell, husband and wife, as Grantee, recorded on February 27, 2001, under Recording No. 20010227000472 in the Records of the County Auditor's Office of King County, Washington. 5. Easement Agreement, dated November 9, 2007, by and between Village Green of Federal Way, A Retirement Community, LLC, as Grantor, and Village Green of Federal Way, A Retirement Community, LLC, as Grantee, recorded on November 9, 2007, under Recording No. 20071109001491 in the Records of the County Auditor's Office of King County, Washington. 17 20180129001079.001 Instrument Number: 20180129001079 Uocument:MISC Ree: $76.00 Page-1 Record Date:1/29/2018 2:58 PM Return Address: City of Federal Way Attn: Kevin Peterson, Public Works Department 33325 8th Avenue South Federal Way, WA 98003-6325 i�oe�ue�aowmiNo 201e0129001079 MISCELLANEOUS Rae: $7&00 1120120182.50 PM KING COUNTY, WA (ID EXHIBIT 3 11l115TAM� J� LICENSE Granior (s): POWELL FAMILY LAND COMPANY, LLC, a Washington limited liability company Grantee (s): CITY OF FEDERAL WAY, a Washington municipal corporation Property Legal Description (abbreviated): Lot 1 I-B of BLA 411-103696-00-SU, City of Federal Way, King Co., WA, recorded under Recording No. 20111102900001. Additional Legal(s) on Exhibit A Assessor's Tax Parcel ID#: 302104-9146 The undersigned owner of certain real property located in Federal Way, Washington and legally described as follows: Legal description attached hereto as Exhibit "A" and incorporated herein by this reference. ("Property") hereby grants an irrevocable license to the City of Federal Way ("City") and the City's agents, employees, contractors, or representatives to enter upon the Property to inspect the construction of improvements, the performance of work, or to allow the City to perform any necessary maintenance or work, all pursuant to that certain Cash Security Agreement of even date entered into between the City and the undersigned and incorporated herein by this reference. DATED this ��_ day of 20'EL. Signature page Follows Said documents were filed of record as an accornodation only. It has not been exomined as to proper execution or as to its effect upon title Instrument Number: 20180129001079 i]ocument:MISC Rec: $74.°°b2N7re12 onte Powell STATE OF WASHINGTON ) ) ss. COUNTY OF KING } On this day personally appeared before me Monte Powell, to me known to be the Mari Powell Family Land Comi3any. I,LC that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said limited liability company, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument. GIVEN my hand and official seal this � day o 201. edlprinted name of notary) �P ...h �❑ �+ Notary Public in and for the State f Washington. Z My commission expires .rrr+ rft. OF WAS'��-�'' Instrument Number: 20.180129001079 Document:MI5C Rec: $74. EXHIBIT `A' LOT 1 I-B, CITY OF FEDERAL WAY BOUNDARY LINE ADJUSTMENT NO. 11-103696-00-SU, RECORDED NOVEMBER 2, 2011 UNDER KING COUNTY RECORDING NO.20111102900001, SAID BOUNDARY LINE ADJUSTMENT IN KING COUNTY WASHINGTON, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: THAT PORTION OF LOT B, CITY OF FEDERAL WAY BOUNDARY LINE ADJUSTMENT NO.00- 101014-00-SU, RECORDED DECEMBER 5, 2001 UNDER KING COUNTY RECORDING NO. 201120590002, SAID BOUNDARY LINE ADJUSTMENT, IN KING COUNTY WASHINGTON, BEING A PORTION OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT B; THENCE ALONG SAID SOUTH LINE OF LOT B NORTH 88047'44" WEST 459.05 FEET, TO A POINT THAT IS SOUTH 88047'44" EAST 197.39 FEET FROM THE WEST LINE OF THE WEST HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION30; THENCE WEST LONG THE WEST LINE OF SAID LOT B FOR THE FOLLOWING TWO (2) COURSES NORTH 12004'02" EAST 436.35 FEET; THENCE NORTH 23018'46" EAST 155.92 FEET TO AN ANGLE POINT IN THE WEST LINE OF SAID LOT B; THENCE SOUTH 87007'01" EAST 135.99 FEET; THENCE SOUTH 02052'59" WEST 110.00 FEET; THENCE NORTH 89008' 19" EAST 112.07 FEET; THENCE SOUTH 13031'54" EAST 191.07 FEET; THENCE NORTH 74049'59" EAST 84.87 FEET TO THE EAST LINE OF SAID LOT B; THENCE ALONG SAID EAST LINE FOR THE NEXT FOUR (4) COURSES, SOUTH 15001'02" EAST 87.11 FEET; THENCE SOUTH 01055'35" EAST 76.67 FEET; THENCE SOUTH 88004'25" WEST 84.62 FEET; THENCE SOUTH 01027'52" WEST 137A2 FEET TO THE POINT OF BEGINNING. 20180905000575.001 Instrument Number: 20180905000575 Document:EAS Rec: $110.00 Page-1 Record Date:9/5/2018 1:14 PM King County, WA EXCISE TAX NOT REQUIRED BY DEANNE ESTIC 20180905000575 KING COUN'ry, WA Record Requested by and when Recorded Return to: The Nathanson Group PLLC One Union Square 600 University Street Suite 2000 Seattle, WA 98101 Attention: Randi S. Nathanson STORM WATER EASEMENT AGREEMENT RECORDING NOS. OF DOCUMENTS (if applicable) GRANTOR GRANTEE(s): ABBREVIATED LEGAL DESCRIPTION(s): N6�i - I �i v5A 7) .7UISDOCUMENTISRECORDED ASACOURIESY ONLY. FIRSTAMERICANTITLE INSURANCE CO. ASSUMES NO LIABILITY FOR SUPACOCY,VALIDIFY ORACCURACY ASSESSOR'S TAX ACCOUNT PARCEL NO. _F1 J Village Green of Federal Way, A Retirement Community, LLC Powell Family Land Company, LLC Lt 11-C, Fed Wy BLA No. 11-103696-SU, rec 20111102900001 Lt 11-B, Fed Wy BLA No. 11-103696-SU, RN 20111102900001 Additional Legal is on Exhibit A 302104-9024-08,302104-9146-01 Instrument Number: 20180905000575 Document:EAS Rec: Record Date:9/512018 1:14 PM King County, WA STORM WATER EASEMENT AGREEMENT This Storm Water Easement Agreement (this "Agreement") is made and entered into as of4, 2018 (the "Effective Date") by and between Village Green of Federal Way, a Retirement Community, LLC, a Washington Iimited liability company ("Grantor"), and Powell Family Land Company, LLC, a Washington limited liability company ("Grantee"). RECITALS A. Grantor is the owner of that certain real property located in the City of Federal Way, King County, Washington, as more particularly described on Exhibit A attached hereto and by this reference incorporated herein (the "Grantor Property") upon which is located an Independent/Assisted Living Care Facility known as Village Green Retirement Campus. B. The Grantor Property is also improved with storm drain and surface water facilities, including, but not limited to catch basins, manholes, conveyance pipes and open drainage channels (the "Storm Water Facilities") and a water quality treatment pond and an infiltration pond (the "Pond"). C. Grantee is the owner of certain real property located in the City of Federal Way, King County, Washington, as more particularly described on Exhibit B attached hereto and by this reference incorporated herein, which real property is located adjacent to the Village Green Property (the "Grantee Property"), on which is located one building comprised of four cottage units and which Grantee intends to develop a memory care facility. The Grantee Property is adjacent to the Grantor Property. D. In connection with the future development of the Grantee Property, Grantee is requesting that Grantor grant to Grantee a permanent, nonexclusive and perpetual easement over, across and through portions of the Grantor Property for the limited purpose provided for in this Agreement and Grantor has agreed to grant the easement requested by Grantee on the terms and conditions set forth in this Agreement. NOW, THEREFORE, in consideration of the foregoing recitals and other valuable considerations, the receipt and sufficiency of which are hereby acknowledged, the parries hereto agree as follows: Instrument Number: 20180905000.575 Document:EAS Rec: $11d.WWW e 3 Record Date:9/5/2018 1:14 PINT Ding County, WA AGREEMENT 1. Grant of Storm Water Easement. Grantor hereby grants to Grantee, a non- exclusive, perpetual easement over, across and through the portion of the Grantor Property legally described on Exhibit C-1 and as depicted on Exhibit C-2, both of which are attached hereto and by this reference incorporated herein (the "Storm Water Easement Area") for the purpose of allowing Grantee to tie into and use the Storm Water Facilities and the Pond so that surface water generated by or collected from the Grantee Property, as developed from time to time, may drain and be conveyed from the Grantee Property to the Pond (the "Easement"). For the avoidance of doubt, Grantor shall have no right (including, without limitation, after any default by Grantee) to revoke the Easement or to otherwise interfere with Grantee's rights under this Agreement. 2. Use and Maintenance of Easement Areas. Grantor shall, at its sole cost and expense, at all times, maintain, repair and, if necessary, upgrade and replace the Storm Water Facilities and the Pond in good condition and repair and in good working order sufficient to serve the Grantor Property and the Grantee Property, as each is developed from time to time. Such maintenance, repair, upgrade and replacement of the Storm Water Facilities shall be undertaken by Grantor in accordance with the maintenance standards developed from time to time by Grantor and all applicable governmental laws, rules, codes and regulations. Any repair, maintenance, upgrade and replacement work perfonned by the Grantor pursuant to this Section 2 shall be completed in a good and workmanlike manner, free and clear of any and all mechanics liens and any similar liens relating to such work, other than liens which are being contested by Grantor in good faith or which are due to the acts or omissions of Grantee. 3. Indemnity. Grantee shall indemnify, defend, and hold harmless Grantor for, from and against any loss, damage, obligation, liability, judgment, demand, lien, expense and cost, including, but not limited to, reasonable attorneys' fees, arising from or as a result of the negligence or intentional misconduct of Grantee or Grantee's employees, agents or contractors in connection with any access by Grantee or its employees, agents or contractors onto the Grantor Property in connection with the Easement. Grantor shall indemnify, defend, and hold harmless Grantee for, from and against any loss, damage, obligation, liability, judgment, demand, lien, expense and cost, including but not limited to, reasonable attorneys' fees, arising from or as a result of Grantor's breach of its obligations under this Agreement. 4. CompIiance with Laws. Each party shall comply with all of the requirements of all county, municipal, state, federal and other applicable governmental authorities now in force 2 Instrument Number: 20180905000575 Document:EAS Rec: $11�:age 4 Record Date:9/5/2018 1:14 PM Ding County, WA or which may hereafter become effective and relevant to the rights granted and obligations imposed on the parties under this Agreement. 5. Successors and Assigns, The rights and obligations herein contained are intended to and shall run with the land and shall be binding upon and inure to the benefit of Grantor, Grantee, their mortgagees and any subsequent owner of the Grantor Property or Grantee Property or any portion thereof which is burdened by, or benefits from, respectively, this Agreement, and each of the successors and assigns of such parties. 6. Severabihty. The invalidity or unenforceability of any provision of this Agreement in whole or in part shall not affect the validity or enforceability of any other provision or any valid and enforceable part of a provision of this Agreement. 7. Counterparts, This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, and all of which, together, shall constitute one and the same instrument. 8. Notice. All notices or other communications required or permitted hereunder shall be in writing and the same shall be deemed given upon delivery thereof in person, or one business day after such notice is deposited with an overnight delivery service such as Federal Express or UPS or immediately when sent by facsimile transmission or email (provided actual receipt of such transmission by the intended party is concurrently confirmed by the person sending same) and addressed or sent by facsimile or email transmission as follows: If to Grantor: Village Green of Federal Way, a Retirement Community, LLC, a Washington limited liability company P.O. Box 98309 Des Moines, WA 98198 Phone: 206-824-6224 If to Grantee: Powell Family Land Company, LLC, a Washington limited liability company P.O. Box 98309 Des Moines, WA 98198 Phone: 206-824-6224 Any notice sent in accordance with the provisions of this Section S shall be deemed received upon the actual receipt or refusal of receipt thereof regardless of the method of delivery used. From time to time, either party may designate another address for purposes of notice under this Agreement by giving the other party not less than five (5) days advance written notice of such change of address in accordance with the provisions hereof. The failure or refusal of a party to accept receipt of a notice hereunder shall not invalidate the notice. 0 0575.005 Instrument Number: 20180905000575 Document:EAS Rec: $11d.0dU ge -; Record Uate:9/5/2018 1:14 PM King County, WA 9. Time is of the Essence. Time is of the essence in connection with each and every provision of this Agreement. 10. Choice of Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 11. Paragraph_ Headings. The headings of the paragraphs of this Agreement are inserted solely for convenience of reference and are not intended to govern, limit, or aid in the construction of any term or provision hereof. 12. interpretation. This Agreement shall be construed by a fair and reasonable interpretation of the words used in it without regard to which party drafted or caused to be drafted the provision or provisions. 13. Attorneys' Fees and Expenses of Litigation. If either party shall bring suit to recover damage under this Agreement or to otherwise enforce or interpret this Agreement and a judgment is entered, the substantially prevailing party shall be entitled to a reasonable sum as attorneys' fees, and all costs and expenses in connection with such suit, which sum shall be included in any such judgment or decree. Such attorneys' fees and expenses shall include both those incurred at the trial and the appellate level. (Signature pages follow) 4