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14-102205
FILE CITY OF ti. Federal Way September 24, 2014 Roger Oakdale Baylis Architects 10801 Main Street Bellevue, WA 98004 CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www. cityoffederalway.. com RE: File #14-102205-00-SE; ENVIRONMENTAL THRESHOLD DETERMINATION Federal Way Veterans Center, 29404 Pacific Hwy South, Federal Way Dear Mr. Oakdale: The city and jurisdictional agencies have reviewed the environmental checklist submitted with the Federal Way Veterans Center Process III Master Land Use (MLU) application. It has been determined that the proposal will not have a probable significant adverse impact on the environment. As a result, an Environmental Impact Statement (EIS) is not required to comply with the State Environmental Policy Act (SEPA). A copy of the Determination of Nonsignificance (DNS) is enclosed. The Optional DNS Process was used to review this proposal. The 14-day comment period required by SEPA Rules ran concurrently with the public comment period associated with the notice of land use application, which began on June 6, 2014, and ended June 23, 2014. The city did not receive written comments regarding the MLU application or environmental checklist. Pursuant to Washington Administrative Code (WAC) 197-11- 355, a second comment period is not required upon issuance of the DNS. The enclosed DNS was issued on September 24, 2014. The city will provide a copy of the DNS to the Department of Ecology, agencies with jurisdiction, Puyallup and Muckleshoot tribes, and anyone requesting a copy. All final determinations may be appealed within 14 days following the issuance of the DNS. No licenses, permits, or approvals will be issued until completion of the appeal period, which. ends October 8, 2014. The decision not to require an EIS does not grant the license, permit, or approval you are seeking from the city. The environmental record is considered by the decision maker(s) and conditions will be imposed to reduce identified environmental impacts, as long as the conditions are based on adopted and designated city policy. After a final decision has been made on your proposal you may, but are not required to, publish a Notice of Action as permitted in RCW 43.21 C.075. The Notice of Action sets forth a time period after which no legal challenges regarding the proposal's compliance with SEPA can be made. The city is not responsible for publishing the Notice of Action. Questions regarding the environmental review component should be directed to me at 253-835-2641 or becky.chapin@cityoffederalway.com. Sincerely, %62, Bec hapin Associate Plan er enc: DNS Doc. LD. 65927 FiLt CITY OF Federal Way ENVIRONMENTAL DETERMINATION OF NONSIGNIFICANCE (DNS) Federal Way Veterans Center File #14-102205-00-SE Proposal: Proposed construction of a 44-unit 5-story multifamily apartment complex, with partial structured parking, specifically designed for Veterans and Veteran Families. The existing vacant buildings will be demolished and replaced by a 52,000 square -foot building with permanent apartment units, enrichment service centers, communal spaces, and children's play areas. Additional improvements include 4 surface parking stalls, underground stormwater detention tank, residential open space, children's play area, and associated landscaping. Applicant: Roger Oakdale, Baylis Architects, 10801 Main Street, Bellevue, WA 98004 Project Location: 29404 Pacific Hwy South, Federal Way, WA 98003 Tax Parcel # 304020-0081 & 304020-0079 Lead Agency: City of Federal Way - Community Development Department Staff Contact: Becky Chapin —Associate Planner, 253-835-2641, becky.chapin@cityoffederalway.com The lead agency for this proposal has determined that it does not have probable significant adverse impact on the environment and an Environmental Impact Statement (EIS) is not required under RCW 43.2 1 C.032(2)(c). This decision was made after review of a completed environmental checklist, Federal Way Comprehensive Plan, Federal Way Revised Code, 2009 King County Surface Water Design Manual, and other municipal policies, plans, rules, and regulations designated as a basis for exercise of substantive authority under the State Environmental Policy Act Rules pursuant to Revised Code of Washington (RCW) 43.31 C.060. This DNS is issued after using -the optional DNS proms in WAC 197-11-355. No written comments were received in response to the 14-day comment period that ended June 23, 2014. There is no further comment period on the DNS. You may appeal this determination to the Federal Way City Clerk, no later than 5:00 p.m. on October 8, 2014, by a written letter stating the reason for the appeal of the determination and associated fee. You should be prepared to make specific factual objections. Responsible Official: Isaac Conlen, Planning Manager for Larry Frazier, Interim Director of Community Development Address: 33325 8 h Avenue South, Federal Way, WA 98003 Date Issued: September 24,_2414 Signature: Doc. I.D. 65925 CITY OF �. Federal November 13, 2014 Roger Oakdale Baylis Architects 10801 Main Street Bellevue, WA 98004 Way CITY HALL'"`'' 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www. cityoffederalway.. com RE: File #14-102203-00-UP; PROCESS III `PROJECT APPROVAL' Federal Way Veteran's Center, 29404 Pacific Hwy South, Federal Way Dear Mr. Oakdale: The Community Development Department has completed administrative land use review of the proposed Federal Way Veteran's Center project located at 29404 Pacific Highway South. The applicant proposes the construction of a 45-unit 5-story multifamily apartment complex, with partial underground parking, specifically designed for Veterans and Veteran Families. The existing vacant buildings will be demolished for construction of the 52,000 square -foot building with permanent apartment units, enrichment service centers, communal spaces, and children's play areas. Additional improvements include 4 surface parking stalls, underground stormwater detention tank, residential open space, and associated landscaping. The Process III Master Land Use (MLU) application submitted May 13, 2014, and subsequent resubmittals dated September 10, 2014, and October 21, 2014, is hereby conditionally approved based on the enclosed findings of fact, incorporated into this decision in full, and the following conclusions based on those facts: 1. The proposal is consistent with the comprehensive plan; 2. The proposal is consistent with all applicable provisions of Federal Way Revised Code (FWRC); 3. The proposal is consistent with the public health, safety, and welfare; 4. The streets and utilities in the area of the subject property are adequate to serve the anticipated demand from the proposal; 5. The proposed access to the subject property is at the optimal location and configuration; and 6. Traffic safety impacts for all modes of transportation, both on and off site, are adequately mitigated. The remainder of this letter outlines the land use review process required for this particular site improvement; summarizes the State Environmental Policy Act (SEPA) process; lists conditions of the land use decision; and provides other procedural information. This land use decision does not authorize initiation of construction activities. REVIEW PROCESS The site is within the Community Business (BC) zoning district. The Veterans Center use is permitted in this zone subject to the provisions of Federal Way Revised Code (F)ATRC) 19.220.080 `Special needs housing.' The proposed use, not exempt from SEPA, is reviewed under Use Process III, Project Approval. Mr. Oakdale November 13, 2014 Page 2 SEPA PROCESS The City of Federal Way issued a Determination of Nonsignificance (DNS) on September 24, 2014, pursuant to Washington Administrative Code 197-11-350. Following review of the environmental checklist, the city determined the proposal would not have a probable significant adverse impact on the environment, and an Environmental Impact Statement would not be required, and no SEPA based mitigation was necessary. CONDITIONS OF APPROVAL The following conditions are reasonably necessary to eliminate or minimize undesirable effects of granting application approval. Prior to building permit approval, the following revisions must be depicted on the site plan and/or elevations. o Additional architectural details or additional signage near the access gate to direct people to the main entrance. Any additional methods of articulation you see fit are encouraged. o Provide a second walkway on the south side of the driveway to connect pedestrians from the sidewalk directly to the new access gate. o Incorporate on -site way -finding signage near the sidewalk/driveway and service entrance to direct guest to the access gate and visitor/main entrance. I will leave the exact placement of these signs up to you, but the idea is to help pedestrians entering from the walkway and guests in the parking lot to easily locate the access gate and main entrance. 2. Prior to issuance of a building permit, final review and approval of the landscape plan shall be conducted to assure additional detail indicating the species type, size, and location of all proposed planting materials for all landscaped areas throughout the site. The landscape plan should also include perimeter sight -obscuring fence details such as height and material composition. Prior to issuance of a building permit, the following comments provided by the city's Crime Prevention Analyst must be addressed and/or depicted on the site plan: o A revised lighting plan for the new entrance corridor, including fixtures, height, and location. o Details for the proposed fence and gate to make the area between the corridor and existing building secure. o Explain what CPTED principles will be utilized in the "security corridor" (ex: access control, lighting, mirrors, glazing, etc.) 4. Prior to issuance of a building permit, the School Access Analysis/safe routes to school must be approved by the Federal Way School District. Please provide a written documentation that the school district has approved the School Access Analysis. 5. Prior to issuance of a certificate of occupancy, the existing on -site billboard must be removed. 6. Prior to issuance of a certificate of occupancy, a Boundary Line Adjustment (BLA) application is required to be approved by the city and recorded at King County at the expense of the applicant. 7. Prior to issuance of certificate of occupancy, the applicant shall record an affordable housing covenant, that has been approved by the city, that identifies a minimum of five percent of the residential units (minimum of 2 units) will be affordable for the life of the project to households earning no more than 50 percent of the median income in King County. 14-102203 Doc. I. D. 66865 Mr. Oakdale November 13, 2014 Page 3 BUILDING PERMIT REQUIREMENTS This Process III land use decision does not constitute a building permit or authorize clearing/grading activities. The city is currently reviewing the associated building permit application (File #14-102699-00- MF). Additional comments/requirements may be provided during the building permit review process. If you have any questions regarding the status please contact the Permit Center at 253-835-2607 or permitcenter@cityoffederalway.com. REQUESTS FOR CHANGE OF VALUATION Any affected property owners may request a change in valuation for property tax purposes, not withstanding any program of revaluation. APPROVAL DURATION Unless modified or appealed, the Process III decision is valid for five years from the date of issuance of the decision. Time extensions to the decision may be requested prior to the lapse of approval following the provisions listed in FWRC 19.15.110. The improvements must be substantially completed within the five year time period or the land use decision becomes void. APPEALS The effective date of issuance is three calendar days following the date of this letter, or November 16, 2014. Pursuant to FWRC 19.65.120, this land use decision may be appealed by any person who submitted written comments or any person who has specifically requested a copy of the decision. Any appeal must be in the form of a letter delivered to the Community Development Department with the established fee and within 14 days after the effective date of issuance of this decision, or December 1, 2014. The appeal letter must contain a clear ref6rence to the matter being appealed and a statement of the factual findings and conclusion of the Director disputed by the person filing the appeal. The Federal Way Hearing Examiner will hear any appeals of the Process III decision. CLOSING This land use decision does not waive compliance with future City of Federal Way codes, policies, and standards relating to this development. If you have any questions regarding this decision, please contact Becky Chapin, Associate Planner, at 253-835- 2641 or becky.chapin@cityoffederalway.com. Sincerely, Isaac Conlen, Planning Manager for Larry Frazier, Interim Director enc: Exhibit `A' Findings for Project Approval Approved "redlined" Site Plan Approved "redlined" Elevations c: Becky Chapin, Associate Planner Marty Gillis, Building Official Ann Dower, Senior Engineering Plans Reviewer Erik Preston, Senior Traffic Engineer Rob Van Orsow, Solid Waste and Recycling Coordinator Lindsey Tiroux, Crime Analyst / Prevention Specialist Chris Ingham, South King Fire & Rescue Brian Asbury, Lakehaven Utility District Tanya Nascimento, Federal Way School District, 33330 8`h Ave S, Federal Way, WA 98003 Robin Corak, CEO, Multi -Service Center, P.O. Box 23699, Federal Way, WA 98093 Mark Thometz, Shelter Resources, Inc., 2223 112t" Avenue NE, Suite 102, Bellevue, WA 98004 Lloyd Hara, King County Assessor, 500 4t' Ave, #ADM-AS-0708, Seattle, WA 98104 14-102203 Doc. LD. 66865 CITY 4F Federal Way Exhibit A T_ L Findings for Project Approval Federal Way Revised Code (FWRC) Chapter 19.65 `Process III Project Approval' Federal Way Veterans Center, File 414-102203-00-UP The Planning Division hereby makes the following findings pursuant to content requirements of the Process III written decision as set forth in FWRC 19.65.100(4). Proposal — Construction of a 45-unit 5-story multifamily apartment complex, with partial underground parking, specifically designed for Veterans and Veteran Families. The existing vacant buildings will be demolished for construction of the 52,000 square -foot apartment buildings, including rooms for enrichment service centers, communal spaces, and children's play areas. Additional improvements include 4 surface parking stalls, underground stormwater detention tank, residential open space, and associated landscaping. 2. Zoning and Comprehensive Plan Designation — Zoning for the subject property is Community Business (BC). Special Needs Housing use is permitted in the BC zoning district pursuant to Federal Way Revised Code (FWRC) 19.220.080, Senior citizen — Special needs housing. The Federal Way Comprehensive Plan (FWCP) designation for the subject property is Community Business. 3. Site Plan Review Process — The proposed Veterans Center requires review under Process III, Project Approval. 'The Director of Community Development makes a written decision on the application based on the criteria listed under FWRC 19.65.100. 4. State Environmental Policy Act (SEPA) — The proposed improvements exceed categorical exemption levels pursuant to Washington Administrative Code 197-11-800. The city utilized the Optional DNS process as allowed by SEPA Rules. A combination Notice of Application and Optional Determination ofNonsignificance was issued on June 6, 2014. The public comment period ended June 23, 2014. The city acted as lead agency and issued a Determination of Nonsignificance on September 24, 2014. The threshold determination appeal period ended October 8, 2014, with no appeals submitted to the Federal Way City Clerk; therefore, the determination has become final. Public Notice and Comments — Pursuant to Process III and SEPA regulations, a Notice of Land Use Application and Optional DNS was published in the Federal Way Mirror, posted at two locations at the subject property, and displayed on the designated city notice boards on June 6, 2014. Notices were also mailed to property owners within 300 feet of the subject property. No written comments were received on the land use application or SEPA DNS notice. 6. Dimensional Limitations — The proposed development has been designed to provide optimal placement of parking and building improvements. Under FWRC 19.220.080, special needs housing located in the BC zoning district requires the following structural setbacks: 0 feet in the front, and five feet for both side and rear structural setbacks. No maximum lot coverage is established, the buildable area is determined by other site development requirements such as required landscaping and surface water facilities. The maximum height of the structure is 65 feet above average elevation. The roof lines are designed to avoid flat and featureless appearance by incorporating a variation of roof lines, parapets, and materials. Submitted site plan and elevations comply with applicable dimensional regulations and notes. 7. Parking Requirements — Under FWRC 19.220.080, special needs housing projects require 0.5 parking spaces per unit be provided. In the case of the 45-unit complex, 23 parking spaces would be required. The applicant has depicted 27 parking spaces for use by the residents, staff, and guests, in excess of the minimum parking requirement. 23 of the parking stalls will be located in structured parking on the first floor of the building and 4 parking stalls are proposed at grade in front of the building. 8. Required Landscaping — Under FWRC 19.125.060(6), perimeter landscaping is required as follows: Type III `Visual Buffer' landscaping five feet along the south property line and a portion of the north property line that abuts the BC zoning district. Type I `Solid Screen' landscaping 15 feet in width is required along the east property line and a portion of the north where it is adjacent to residential zoning. The parking area along the west property line is visible from Pacific Hwy South and requires landscaping to reduce the visual impacts of the parking areas and to screen cars. Proposed Landscaping The preliminary landscape plan details the Type III five-foot width requirement for landscaping along the north property line, 15-foot Type I landscaping along the east property line, modified Type III landscaping along the south property line, and parking lot screening along the west property line. A fence is also shown along the north, east, and south property lines. Final landscape plans will be provided as part of the associated building permit review. Perimeter Landscape Modification Approval South Pro a Line — FWRC 19.125.100(6) provides staff authority to modify the perimeter landscaping requirement if the property abuts a similar or more intensive land use zoning district, up to 25 percent in area. In addition, the remaining 75 percent of the required landscaping may be relocated. The applicant has proposed a reduction to the required 5 feet of Type III landscaping in order to incorporate a sidewalk along the side yard to the main entrance. The adjacent property is zoned BC and contains a retail building very close to the south side property line. The subject property is in the same zoning district and the reduced buffer does not create negative impacts to neighboring properties. Additionally, the buffer would have no beneficial impact and may not survive due to lack of sunlight. As proposed, the remaining buffer has been relocated to the west and around the courtyard. North and East Property Lines — FWRC 19.125.100(5) allows perimeter landscape strips to be averaged, provided the minimum width shall not be less than 50 percent of the underlying width requirement. The applicant has proposed a reduction to the required 15 feet of Type I landscaping abutting the residential zoned property. The garage roof intrudes into a small portion of the north 15-foot landscaping buffer and a reduced buffer width is necessary. The garage is below grade with the roof flush with the grade at the NE corner of the building. The applicant will incorporate planters with trees and shrubs and cover the roof with decorative gravel beds. Federal Way Veterans Center Page 2 Findings for Process III `Project Approval' File 14-102203-00-UP/Doc. LD. 66757 The required 15 feet of Type I landscaping to the east will also be reduced to account for areas where lawn encroaches into the landscaping by 109 sq. ft. Additional planting is proposed near the north and south ends to mitigate for the lawn intrusion. Both the north and east landscaping will incorporate evergreen and deciduous trees, large shrubs, and ground cover. A six -foot -tall 100 percent sight -obscuring fence will also be provided. The buffer reduction width will not be less than 50 percent of the requirement and compensatory landscaping exceeds the required averaged amount. Staff finds the modification proposal meets threshold criteria as it represents a superior result than that which could be achieved by strictly following the requirements of the landscaping code; it complies with the stated purpose of this title and any applicable subsections of this title; and the proposed modification will not violate any Federal Way Revised Codes or ordinances. In particular, the modification will not be a substitute for any zoning variance. The landscape modification request is hereby approved. Interior Parking Lot Landscaping Interior parking lot landscaping in the amount of 20 square feet per parking stall is required for the four surface parking stalls. 260 square feet of interior parking lot landscaping is proposed with this application, exceeding the minimum requirement. Clearing & Grading — Clearing and grading activities are consistent with applicable standards set forth in FWRC Chapter 19.120. Grading of the site will amount to approximately 2200 cubic yards of cut and 175 cubic yards of fill. The western portion of the site is at street grade and flat and the eastern portion of the site is 5 to 8 feet higher in elevation. The partial underground parking and detention vault will require about 10 feet of excavation in the eastern portion of the site to reach proposed finish grades. 10. Tree Retention/Replacement — Pursuant to FWRC 19.120.130, compliance with the city's tree density requirements in the BC zones (20 tree units per acre) will require 11 tree units on the subject property's 0.55 acres. The applicant has proposed to remove several existing evergreen trees in conjunction with the site development, and replacement trees are provided. The existing tree units to remain will be 4.5 tree units. Onsite planting of small, medium, and large canopy replacement species in the amount of 38 tree units will result in tree unit credits exceeding the 11 credit minimum. 11. Open Space — The open space requirement for the 45-unit apartment complex is determined on a case -by -case basis, pursuant to FWRC 19.220.080. Recreational space both indoor and outdoor has been provided. The site plan and project narrative identifies a total usable outdoor open space area of 5,700 square feet including three outdoor plazas and large open space on the east side of the building, which includes a children's play area. Several of the outdoor areas will be connected with trails. The indoor space area is approximately 3,400 square feet, consisting of program rooms for group activities and computer labs, kids lounge, exercise room, and seating areas. The quantity and quality of the proposed open space meets and exceeds city expectations. 12. Community Design Guidelines — All buildings incorporate building forms, materials, and treatment methods consistent with the guidelines, including structural modulation; varied roof lines; parapets; strong architectural emphasis at building entrances; variety of material and colors; foundation landscaping; and pedestrian amenities. Site and architectural design is consistent with FWRC Federal Way Veterans Center Page 3 Findings for Process III `Project Approval' File 14-102203-00-UP/om. Ln. 66757 Chapter 19.115, "Community Design Guidelines," based on provision of key design elements identified as follows: The primary entrance to the apartments is located on the south side of the building with an access gate visible from the right-of-way. Guests will proceed through the access gate and follow a sidewalk to the courtyard where the main entrance door is located. Canopies and signage will be provided to emphasize the access gate. There is a second service entrance on the west fagade and visible from the right-of-way which is articulated with masonry, steel, transparent glass, and two canopies. There is also a bicycle rack located near the entrance. The city requires additional on -site way -finding signage to direct guests to the access gate and main entrance. As proposed, pedestrian access from Pacific Hwy South will be provided by a sidewalk located in front of the service entrance, as well as pathways throughout the project to provide pedestrian connection. There are four parking stalls located between the building and public street. The parking stalls cannot be relocated to the rear or side of the building because of elevation changes. The parking stalls will be screened from the street with landscaping. The city is requiring that one additional pedestrian walkway be provided directly from the public sidewalk to the access gate/main entrance. The building will incorporate windows looking over the plaza that is visible to the residents as they come and go. There are residential units on the ground floor; however, no private patio area is provided. There are no private decks for any of the upper floor units as well. Because of the user group, it is best not to provide patios or decks as they become storage areas for the occupants. Instead, there are open space areas throughout the development for residents to utilize. The building is designed with a distinct base, middle, and top which include various roof forms. The design reflects material variations and color including metal siding, CMU, cement panels, glazing, and accessory elements. There is a projecting band as a base for the upper story that will ring the entire building. Modulation is utilized throughout the building's fagades; canopies, plazas, and landscaping are also provided. The roof heights and parapets will be varied and add architectural design and character to the building's fagade. The parking structure is partially underground. Where it is visible above -ground it will use a variety of materials, color, and landscaping to break up the fagade. The application demonstrates overall continuity of architectural design while implementing current design standards. 13. Crime Prevention through Environmental Design — The Federal Way Public Safety Department reviewed the Crime Prevention through Environmental Design (CPTED) checklist submitted by the applicant. The applicant has incorporated CPTED comments in project design and addressed security concerns with the garage, access corridor, and plaza area. The site and building will be fully monitored with cameras. There will be security gates and fences preventing entrance into the rear of the site. Security gate and lighting will also be added to the trash area. Additional information regarding security hardware and lighting will be provided with the building permit. 14. Garbage & Recycling — Design and space requirements meet criteria set forth in FWRC 19.125.150. The trash enclosure is located near the garage entrance along the west fagade. The garbage and recycling facilities are screened by a solid wall, vertical trellis, and landscaping that is consistent with the site's architecture and design. Federal Way Veterans Center Page 4 Findings for Process III `Project Approval' File 14-102203-00-UP/o«. Ln. 66757 Waste Management noted that the preliminary design is acceptable. However, they are concerned with access if cars are parked in the surface parking area. For safety reasons, rolled containers will have to be relatively small, less than 4 yards and it might be necessary to increase the pick-up frequency. 15. Street Frontage Improvements — The site is located at 29404 Pacific Highway South, Federal Way. Vehicular access into the subject property is from Pacific Highway South. The applicant will construct a new 30-foot driveway. The existing access/curb-cut will be improved to current standards. Improvements along SR-99 (Pacific Highway South) have already been constructed; no ROW dedication is required. 16. Concurrency and Traffic Impacts — As a component of the Process III application, the applicant was required to undergo traffic concurrency analysis pursuant to the state Growth Management Act; goals and policies of the Federal Way Comprehensive Plan; and FWRC Chapter 19.90 Transportation Concurrency Management. The Public Works Traffic Division found that all intersections impacted by one or more weekday evening peak hour trips from the proposed development would meet City of Federal Way Level of Service (LOS) standards with the City's programmed improvements. A Capacity Reserve Certificate (CRC) was issued by the Public Works Department on July 12, 2014, for 6 new PM peak hour trips generated by the project. Prior to building permit issuance, the applicant will be required to pay a traffic impact fee. Per FWRC 19.91, fees will be calculated based on the impact fee schedule in effect at the time a complete building permit application is filed. 17. Stormwater — Drainage on the site flows into the conveyance system on Pacific Highway South, eventually discharging to West Hylebos Creek. The proposed development will be required to perform full drainage review as described in the 2009 King County Surface Water Design Manual (KCSWDM) and the Federal Way Addendum to the KCSWDM. Further examination of the stormwater plans will be conducted by the Public Works Department during engineering review. The applicant has submitted a preliminary design which provides Conservation Flow Control (Level 2). Enhanced Basic water quality treatment is required for storm water generated on the site; however, pollution -generating impervious surface area is small and the current design is exempt from water quality, per the KCSWDM. A stormwater vault incorporated into the structure below the plaza courtyard area on the south side of the building will provide detention for the entire site. If required, treatment will be accomplished via filter vaults located on private property. Pervious pavement will be used for the onsite pedestrian plazas and vehicular access area to meet Best Management Practice (BMP) requirements. 18. Billboard — The subject property contains an existing billboard that is considered a prohibited sign under FWRC 19.140.130(4). The nonconforming billboard must be removed in conjunction with site development. A certificate of occupancy will not be issued until the billboard is removed. 19. Boundary Line Adjustment — The subject property consists of two legal lots of record. The preliminary drawing depicts the building over the property line between the two lots. In order to relocate or remove the lot line, a boundary line adjustment (BLA) application must be submitted in accordance with the standards of FWRC Chapter 18.10. Prior to issuance of the certificate of occupancy, the approved BLA must be recorded at King County Records at the expense of the applicant. Federal Way Veterans Center Page 5 Findings for Process III `Project Approval' File 14-102203-00-UP/Doc. I.D. 66757 20. Affordable Housing — The 45-unit complex is proposed to be established as an affordable rental housing project. Under FWRC 19.110.010, new multi -family projects involving 25 or more dwelling units are required to provide affordable dwelling units as a part of the project. At a minimum, 2 of the dwelling units shall be offered for rent at a rate that is affordable to those individuals or families having incomes that are 50 percent or below the county median income. As proposed, the project will target veterans whose incomes will average 16 percent of the King County's area median income. Prior to issuance of certificate of occupancy, the applicant shall record a covenant against the property that reserves the minimum affordable units required under FWRC for the life for the property. 21. School Mitigation Fee— The project is subject to school impact fees pursuant to Chapter 19.95 FWRC. Per FWRC 19.95.050(3) and (4), school impact fees for multifamily development shall be assessed and collected prior to building permit issuance, using the fee schedule then in effect. 22. School District Safe Walking Routes — The applicant provided a School Access Analysis and is working with the Federal Way School District to provide safe walking routes and bus stops to Wildwood Elementary, Sacajawea Middle School, and Federal Way High School. Prior to issuance of a building permit, the applicant must continue to coordinate with the school district to develop approved safe routes to the above -mentioned schools. 23. Conditions of Approval — The following conditions of approval are attached to the Process III decision: Prior to building permit approval, the following revisions must be depicted on the site plan and/or elevations. o Additional architectural details or additional signage near the access gate to direct people to the main entrance. Any additional methods of articulation you see fit are encouraged. o Provide a second walkway on the south side of the driveway to connect pedestrians from the sidewalk directly to the new access gate. o Incorporate on -site way -finding signage near the sidewalk/driveway and service entrance to direct guest to the access gate and visitor/main entrance. I will leave the exact placement of these signs up to you, but the idea is to help pedestrians entering from the walkway and guests in the parking lot to easily locate the access gate and main entrance. Prior to issuance of a building permit, final review and approval of the landscape plan shall be conducted to assure additional detail indicating the species type, size, and location of all proposed planting materials for all landscaped areas throughout the site. The landscape plan should also include perimeter sight -obscuring fence details such as height and material composition. Prior to issuance of a building permit, the following comments provided by the city's Crime Prevention Analyst must be addressed and/or depicted on the site plan: o A revised lighting plan for the new entrance corridor, including fixtures, height, and location. o Details for the proposed fence and gate to make the area between the corridor and existing building secure. o Explain what CPTED principles will be utilized in the "security corridor" (ex: access control, lighting, mirrors, glazing, etc.) Federal Way Veterans Center Page 6 Findings for Process III `Project Approval' File 14-102203-00-UP/Doc. I.D. 66757 ■ Prior to issuance of a building permit, the School Access Analysis/safe routes to school must be approved by the Federal Way School District. Please provide written documentation that the school district has approved the School Access Analysis. • Prior to issuance of a certificate of occupancy, the existing on -site billboard must be removed. ■ Prior to issuance of a certificate of occupancy, a Boundary Line Adjustment (BLA) application is required to be approved by the city and recorded at King County at the expense of the applicant. • Prior to issuance of certificate of occupancy, the applicant shall record an affordable housing covenant, that has been approved by the city, that identifies a minimum of five percent of the residential units (minimum of 2 units) will be affordable for the life of the project to households earning no more than 50 percent of the median income in King County. 24. Conclusion - As conditioned, the proposed site plan application and application attachments have been determined to be consistent with the Federal Way Comprehensive Plan (FWCP), with all applicable provisions of the FWRC, and with the public health, safety, and welfare. The streets and utilities in the area of the subject property are adequate to serve the anticipated demand from the proposal, and the proposed access to the subject property is at the optimal location and configuration for access. The proposed development is consistent with Process III, Project Approval, decisional criteria required under FWRC Chapter 19.65. The proposed site plan and application attachments have been reviewed for compliance with the FWCP, pertinent zoning regulations, and all other applicable City regulations. Final construction drawings will be reviewed for compliance with specific regulations, conditions of approval, and other applicable City requirements. This decision shall not waive compliance with future City of Federal Way codes, policies, and standards relating to this development. Prepared by: Becky Chapin, Associate Planner Federal Way Veterans Center Findings for Process III `Project Approval' Date: November 12, 2014 Page 7 File 14-102203-00-UP/Doc. I.D. 66757 CITY OF �. Federal Way November 10, 2014 Janel Salinas Shelter Resources, Inc. 2223 1121h Avenue NE, Suite 102 Bellevue, WA 98004 FILE CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www. cityoffederalway.. com RE: File #14-1022203-00-UP; ZONING VERIFICATION LETTER Federal Way Veteran's Center, 29404 Pacific Hwy South, Federal Way Dear Ms. Salinas: The City of Federal Way's Community Development Department received your property information request for parcels #304020-0081 and #304020-0079. The current zoning for these properties is Community Business (BC). Surrounding properties are BC to the north and south and Multifamily Residential (RM3600) to the east; a public right-of-way, Pacific Hwy South, is located to the west. You have inquired whether the number of units proposed for the Federal Way Veterans Center is allowed on the subject property. Per Federal Way Revised Code (FWRC) 19.220.080 Senior citizen —Special needs housing, no required density is established for this use. The amount of units is based on maximum height, setbacks, landscaping, parking, and other site developments. As proposed, the 45-unit building is an allowed use at this site. You also requested the city address if a variance, special or conditional use permit is required. No variances, special or conditional use permits are required for this use. The project is currently under review for Process III `Project Approval', which is an administrative review and approval by the Director of Community Development upon a finding of consistency with zoning and other development regulations. When available, a copy of the decision letter will be sent to you. The associated multi -family building permit application (file#14-102699-00-MF) is also under review at this time. If you have any further questions, please feel free to contact me at 253-835-2641, or by email at becky.chapin@cityoffederalway.com. Sincerely, c Becky Cha in Associate Planner Janel Salinas: janels@shelterresourceinc.com Doc. I.D. 67169 A�k CITY OF Way July 10, 2014 Roger Oakdale Baylis Architects 10801 Main Street Bellevue, WA 98004 FILE CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www.cityoffederalway.com RE: File #14-102203-00-UP; TECHNICAL RESPONSE LETTER Federal Way Veterans Center, 29404 Pacific Hwy South, Federal Way Dear Mr. Oakdale: City of Federal Way Staff has completed review of your Process III Master Land Use (MLU) application and environmental checklist for the proposed Federal Way Veterans Center. Site improvements submitted with the May 13, 2014, MLU application include a multi -unit apartment building comprised of 45 dwelling units in 52,000 square feet of temporary and permanent accommodations. The Veterans Center will also include enrichment services such as counseling offices, medical therapies, and communal spaces. Additional site improvements include a 23-stall parking garage, 4 surface parking stalls, landscaping, and underground stormwater detention tank. The application was deemed complete May 29, 2014. TECHNICAL COMMENTS Unless otherwise noted, the following comments provided by staff reviewing your project must be addressed prior to issuing the administrative site plan decision. Please direct questions regarding any of the technical comments to the appropriate staff representative. Planning Division, Becky Chapin, 253-835-2641, becky.chapin@cityoffederalway.com 1. Proposed Use — The description of the project is to provide housing and support services to both homeless veterans and homeless veterans with children. The project has 45 units of temporary and permanent accommodations. It appears a portion of the project is considered social service transitional housing use; facilities providing temporary and transitional housing to individuals on an as -needed basis, see Federal Way Revised Code (FWRC) 19.05.190, for the full definition of social service transitional housing. It is understood that the social service transitional housing aspect of the project would be an accessory to the special needs housing permanent units. To get a better understanding of the proposed uses, please provide detail on the number of temporary and permanent dwelling units. Also, explain on average, how long tenants will occupy the temporary units. 2. Boundary Line Adjustment —The property consists of two legal lots of record. The site plan depicts the building over the property line between the two lots. In order to remove the lot line, a boundary Mr. Oakdale July 10, 2014 Page 2 line adjustment (BLA) application must be submitted in accordance with standards of FWRC 18.10 et.al. Prior to issuance of the certificate of occupancy, the approved BLA must be recorded at King County Records at the expense of the applicant. 3. Landscaping Modification — Type III landscaping screen 5 feet in width is required along the south and west property lines, and a portion of the north property line that abuts the BC zoning district. The south property line does not meet this requirement as the landscape plan depicts a sidewalk within the landscape buffer area. Type I landscaping 15 feet in width is required along the east property line and a portion of the north where it abuts the RM3600 zoning. The north portion of the property line does not meet this requirement; the northeast corner of the structured garage is located in the 15-foot buffer area. Also, the landscaping along the east property line has encroachment with a lawn area and does not meet the 15-foot landscaping requirement. Buffer averaging is proposed for encroachment into the landscape buffer by 108 sq. ft. Any landscape modification request must be submitted separately in writing and must include a narrative describing the extent of the modification and how the proposed modification meets the applicable criteria listed in FWRC 19.125.100. Please provide a request for modification for the buffer averaging along the east perimeter and sidewalk intrusion along the south perimeter landscaping. The landscape modifications will be reviewed and decided upon in conjunction with the Process III application. 4. Garbage and Recycling — All trash enclosures shall be screened from public rights -of -way by a 100 percent sight -obscuring fence or wall and appropriate landscape screen. The site plan depicts a solid masonry wall around the garbage and recycling bins, with no proposed landscape screen. Please provide landscaping, or other architectural feature such as trellis, along the wall enclosure to screen the blank wall from the right-of-way. Please see additional solid waste comments from Rob Van Orsow below. Forest Practices Permit — Per the site plan, it appears several large evergreen trees are to be removed from the property, but it is uncertain how many. The city has assumed jurisdiction over the review and approval of Class IV -General Forest Practices permits. A forest practices application form must be completed if more than 5, 000 board feet of merchantable timber is harvested from the subject property. Please provide details on how many trees will be removed from the property and how many board feet. If more than 5,000 board feet of timber is harvested, the applicant must submit a Class IV -General Forest Practices permit application and the city will review the application in conjunction with the Process III MLU review. 6. CPTED — The city's Crime Prevention through Environmental Design (CPTED) checklist was not submitted with the Master Land Use application. Please submit four copies of the completed checklist. In addition, the City of Federal's Way Crime Analyst and Prevention Specialist, Lindsey Tiroux, has reviewed the Process III application submittal and has the following comments that must be addressed. 14-102203 Doc LD. 65923 Mr. Oakdale July 10, 2014 Page 3 • I do not see detailed lighting, paint, mirror, camera, etc. plans for the parking garage. We have concerns regarding security in the garage due to the close access from Pac Hwy and what appears to be stair and elevator access from that level with no security measures upon entrance (for example -parking garage gate, etc.). • On page 5 of the Project Narrative, under the Building and Pedestrian Orientation section, it states there are "Significant Security Issues' with keeping the public out of the "resident and visitor only" areas. The police department agrees that there are significant security issues with keeping the public out of the interior plaza as well as the outdoor plaza courtyard. From looking at the plans it appears anyone can walk along the path at the south side of the building and into the outdoor plaza courtyard. Plans indicate a gate located at the northern side of the building but again it is not detailed how that gate would function or how access would be denied and/or gained. This stretch along Pac Hwy S is a heavily traveled road by walkers. It is a major concern that the sides and back of this building could easily be accessed by anyone walking by. ■ On page 2 of the Project Narrative, at the end of paragraph 1 under the Site Design section, it is noted that "Access control throughout the facility will be through security controlled fences, doorways by security hardware." We would like to see a site plan for where these security controls will be placed and how they will be controlled (for example - Key cards, access codes provided to all residents, etc.). ■ Due to the placement of the trash receptacle in the front of the building (easy access for a car from Pac Hwy) and the minimal lighting that is proposed, we foresee this area being used for illegal dumping frequently. Illegal dumping is a constant problem for complexes such as this. We would suggest moving the placement of the trash receptacle or providing more lighting and/or security. 7. Community Design Guidelines —The proposed Federal Way Veterans Center is subject to the provisions of FWRC 19.115, Community Design Guidelines. Additional information is required regarding the following: • Per FWRC 19.115.090(1)(g), for residential uses, landscaped yards shall be provided between buildings and public streets. Parking lots should be beside or behind buildings that front upon streets. As proposed, the layout does not meet this requirement as there is surface parking in the front of the building. Consider altering the layout to incorporate a landscaped yard between the buildings and street, and locating parking at the side or rear of the building. If this is not a feasible option, please provide a written response as to why this cannot be accomplished. • Parking structures and vehicle entrances should be designed to minimize views into the garage interior from surrounding streets pursuant to FWRC 119.115.050(3). Methods to help minimize such views may include, but are not limited to, landscaping, planters, and decorative grilles and screens. Security grilles for parking structures shall be architecturally consistent with and integrated with the overall design. Chain -link fencing is not permitted for garage security fencing. No gate is depicted; please provide details on how the parking garage will incorporate security grilles. • Facades that exceed 60 feet in length and are visible from residential areas or public rights -of - way (all facades meet this standard and therefore must be treated) must meet the minimum 14-102203 Doc. LD. 65923 Mr. Oakdale July 10, 2014 Page 4 requirements of FWRC 19.115.060(2)(a-d) by incorporating a minimum of two of four of the facade treatments specified below. Options used must meet the dimensional standards as specified; except, however, if more than two are used, dimensional requirements for each option will be determined on a case -by -case basis; provided, that the gross area of a pedestrian plaza may not be less than the specified minimum of 200 square feet. All of the elevations incorporate facade modulation but a second treatment is necessary. Please submit plans, elevations and a written narrative that clearly indicate how the minimum facade treatment standards are met. a. Fagade Modulation — A minimum depth of 2 feet, minimum width of 6 feet, and maximum width of 60 feet. Alternative methods to shape a building such as angled or curved facade elements, offset planes, wing walls, and terracing will be considered, provided that the intent of the section is met. b. Landscape Screening — Eight -foot -wide Type II landscape screening along the base of the facade, except Type IV may be used in place of Type H for facades that are comprised of 50% or more window area, and around building entrances. c. Canopy or Arcade — As a modulation option, canopies or arcades may be used only along facades that are visible from a right-of-way. Minimum length is 50% of the length of the fagade, height must be 10 foot minimum, and depth is 6-foot minimum using this option. d. Pedestrian Plaza — Plaza square footage is equal to 1 % of the gross floor area of the building, but it must be a minimum of 200 square feet. The plaza should be clearly visible and accessible from the adjacent right-of-way. • FWRC 19.115.060(3) and FWRC 19.125.040(22) specify that building walls that are visible from rights -of -way and other public areas should incorporate methods of articulation and accessory elements in the overall architectural design. This requirement is applied in a manner where no wall area shall be greater than 240 square feet in size and not have at least one element of articulation. The following facades have blank wall areas greater than 240 square feet without articulation treatment and would be potentially visible from public rights -of -way or other public areas: The north and south facade both contain portions of the facade where there are no windows and have large blank walls. The following are the possible elements that may be applied to articulate blank walls (some more applicable to residential development than others): (i) Showcase, display, and/or recessed windows; (ii) Window openings with visible trim material, or painted detailing that resembles trim; (iii) Vertical trellis(es) in front of the wall with climbing vines or similar planting; (iv) Set the wall back and provide a landscaped or raised planter bed in front of the wall, with plant material that will obscure or screen the wall's surface; (v) Artwork such as mosaics, murals, decorative masonry, or metal patterns or grillwork, sculptures, relief, etc., over a substantial portion of the blank wall surface. (The Federal Way Arts Commission may be used as an advisory body at the discretion of the planning staff); (vi) Architectural features such as setbacks, indentations, overhangs, projections, articulated cornices, bays, reveals, canopies, and awnings; 14-102203 Doc. ID. 65923 Mr. Oakdale July 10, 2014 Page 5 (vii) Material variations such as colors, brick or metal banding, or textural changes; and (viii) Landscaped public plaza(s) with space for vendor carts, concerts, and other pedestrian activities. 8. School Access Analysis —A school access analysis is needed. Please provide a graphic representation, description of the walking route and provide descriptions with several photos of the existing walking route conditions. See enclosed guidelines for preparing the school access analysis and cover letter prepared by Tanya Nascimento, Federal Way Public Schools. 9. Affordable Housing — Pursuant to FWRC 19.110.010, new multifamily projects involving 25 dwelling units or more are required to provide affordable dwelling units as part of the project. At least two dwelling units, or five percent, of the total number of proposed units, whichever is greater, shall be affordable. For the proposed 45 units, a minimum of 3 units (45 x .05 = 2.25) must be identified and maintained as affordable housing. `Rental affordable housing" means dwelling units that are offered for rent at a rate that is affordable to those individuals and families having incomes that are 50% or below the median county income. Prior to issuing a certificate of occupancy, the applicant shall prepare an agreement in a form approved by the city which must be recorded with the King County Department of Elections and Records requiring affordable dwelling units that are provided under the provisions of this section to remain as affordable housing for the life of the project. This agreement shall be a covenant running with the land, binding on the assigns, heirs, and successors of the applicant. Please prepare a draft affordable housing covenant for our consideration. Development Services, Ann Dower, 253-835-2732, ann.dower(acitvoft'ederalway.com Plans Indicate location of sewer connection on the plans. Indicate any utility connections that will require potholing or work within Pacific Highway S. Cutting the street will require the approval of the Streets Department and may include mitigation fees or pavement grind and overlay. Technicallnformalion Report In the downstream analysis, please indicate if there are any properties upstream that will contribute runoff to this site. In the drainage analysis, please provide the amount of pollution -generating impervious area and explain how the single -cartridge Metal RX filtration medium meets the treatment requirements for Enhanced Basic Water Quality, including the pretreatment requirement. If DOE has approved this method, please include the GULD approval statement. In the drainage analysis, please elaborate on the vault maintenance. Can all corners of the vault be reached by a vactor hose? Note: the detention vault will require structural review and will be included in the outside peer review required for the building. 14-102203 Doc I D 65923 Mr. Oakdale July 10, 2014 Page 6 Traffic Division, Erik Preston, 253-835-2744, erik.nreston(@.cityoffederalway.com Trans ortation 1m act Fees gIF FWRC 19.91 Based on the submitted materials for a 45 multi -family unit mid -rise apartment and credit for an existing use, the estimated traffic impact fee is $48,033.05. Please note, this estimated fee is based on the adopted TIF fee for apartment/low rise apartment and adjusted to account for ITE land use code 230 (mid -rise apartment). The actual impact fee will be calculated based on the fee schedule in effect at the time a building permit application is filed and must be paid prior to permit issuance. Street Frontage Improvements RC 19.135 Recently installed street frontage improvements meet current standards, so no further frontage improvements are required. Since the existing approved access/curb-cut is not utilized, the applicant is expected to improve this section to current standard. Access Mann emenf FWRC 19.135 1. WAC 468-52-040 limits access on state highways to access spacing of 250 feet with only one access per parcel. Pacific Highway S is access class "1" where left access may be permitted every 330 feet and left -out access is only permitted at signalized intersections (FWRC 19.135.280). Access is limited to right -in and right -out only. ■ Because the proposed access does not meet the 250-foot spacing requirement, joint access with neighboring properties must be pursued. The applicant must demonstrate that shared access is not feasible to build the proposed driveway. 2. For driveways that serve uses other than single-family residential uses and zero lot line townhouse development, the maximum driveway width is 30 feet for a two-lane two-way driveway and 40 feet for a three -lane two-way driveway (FWRC 19.135.270). Driveway widths may be increased in order to provide adequate width for vehicles that may be reasonably expected to use the driveway, as determined by the Public Works Director. + The 22-foot-wide driveway currently shown in the plans is too narrow for a two-lane two-way driveway and must be widened. ■ The driveway width should be 30 feet as shown in drawing 3-6A (enclosed). ■ Note that the widened driveway face -of -curb must remain 2 feet or more from the face of any streetlight pole. A driveway throat length of 50 feet is preferred between the face of street curb and any intersecting drive aisles or parking. 4. The applicant may make a written request to the Public Works Director to modify, defer, or waive any of the required improvements (FWRC 19.135.070). Information about right-of-way modification requests is available through the Public Works Development Services Division. These modification requests have a nominal review fee currently at $105.00. 14-102203 Doc LD. 65923 Mr. Oakdale July 10, 2014 Page 7 Waste Management, Rob Van Orsow, 253-835-2770, rob.vanorsow ci offederalwa .eom The following are design considerations for Solid Waste and Recycling (SWR). Help with many design parameters related to service access is available via the City's contracted solid waste services provider, Waste Management. Contact: John Davis — Senior Route Manager at 206-786-4530 (cell). Please be aware that the solid waste and recycling (SWR) enclosure size shown would preclude the use of front -load (large dumpsters) containers, and the site will have to utilize rolling carts and/or small, wheeled steel dumpsters for service. The drawback is that collection efficiency is reduced overall, which drives up generic costs for the ratebase, as well as ongoing service costs for the occupant. 2. The SWR enclosure could be continually blocked by parked cars, limiting service access. This means the potential for `return trips' which also increases service costs. 3. As proposed, the ingress and egress will be difficult for trucks to access the parking lot. If cars are parked in the lot, there may not be enough clearance for larger vehicles to turn around (SKF&R, garbage, delivery, etc.) This would mean having to back out into Pacific Hwy South traffic, raising safety and efficiency concerns. It is also a possibility that the hauler will need to block traffic on Pacific Hwy South, stopping at the curb to empty roll carts or wheeled dumpsters. To minimize the time spent blocking the ROW, occupants may have to roll the carts to the edge of the curb or sidewalk frontage on collection day(s). APPLICATION STATUS The review period for the Use Process III application has stopped and the application is on hold until requested items are resubmitted. When resubmitting requested information, please provide a written response to each of the above -referenced items, four copies of corrected reports, and six copies of corrected full size plans with the enclosed resubmittal form. Pursuant to FWRC 19.15.050, if an applicant fails to provide additional information to the city within 180 days of being notified that such information is requested, the application shall be deemed void. If you have any questions regarding this letter or your development project, please" contact me at 253-835- 2641, or Becky.chapin@cityoffederalway.com. Sincerely, Nto_� Becky Chapi Associate Planner enc:. Resubmittal Form BLA Submittal Requirements Class IV General Forest Practice Permit CPTED Checklist School Access Analysis Handout Curb & Gutter Section Driveway, Drawing # 3-6A c:. Ann Dower, Senior Engineering Plans Reviewer Eric Preston, Traffic Engineer Rob Van Orsow, Solid Waste/Recycling Coordinator 14-102203 Doc. LD. 65923 CITY OF Federal Way NOTICE OF MASTER LAND USE APPLICATION ANDF I L OPTIONAL DETERMINATION OF NONSIGNIFICANCE (DNS) Project Name: Federal Way Veteran's Center Project Description: Construction of a 45-unit 5-story multifamily apartment complex, with partial underground parking, specifically designed for Veterans and Veteran Families. The existing vacant buildings will be demolished and replaced by a 52,000 square -foot building with temporary and permanent apartment units, enrichment service centers, communal spaces, and children's play areas. Additional improvements include 4 surface parking stalls, underground stormwater detention tank, residential open space, children's play area, and associated landscaping. Applicant: Roger Oakdale, Baylis Architects, 10801 Main Street, Bellevue, WA 98004 Project Location: 29404 Pacific Hwy South, Federal Way, WA 98003.APN 304020-0081 & 304020-0079 Date Application Received: May 13, 2014 Date Determined Complete: May 29, 2014 Date of Notice of Application: June 6, 2014 Comment Due Date: June 23, 2014 w LL m 0 co v Environmental Review: Based upon review of a completed environmental checklist and other information on file with the City, it is likely that the City of Federal Way will determine that the project will not have a probable significant adverse impact on the environment and expects to issue a Determination of Nonsignificance (DNS) for this project. The optional DNS process in WAC 197-11-355 is being used. This may be your only opportunity to comment on the environmental impacts of the proposed project. The proposal may include mitigation measures under applicable codes, and the review process may incorporate or require mitigation measures regardless of whether an environmental impact statement (EIS) is prepared. A copy of the subsequent threshold determination for the specific proposal may be obtained upon request. Agencies, tribes, and the public are encouraged to review and comment on the proposed project and its probable environmental impacts. Comments must be submitted by the date noted above. Permits/Files Under Review: Use Process III (File #14-102203-UP), Concurrency (File #14-102206-CN), and State Environmental Policy Act Threshold Determination (File #14-102205-SE) ' Environmental Documents & Required Studies: Environmental Checklist and Preliminary Technical Information Report. Development Regulations Used for Project Mitigation: Federal Way Revised Code Title 14, `Environmental Policy;' Title 16 `Surface Water Management;' and Title 19 `Zoning and Development Code.' Public Comment & Appeals: Any person may submit written comments regarding the land use application or the environmental impacts of the proposal to the Director of Community Development by 5:00 p.m. on June 23, 2014. Only persons who submit written comments to the Director (address below) or specifically request a copy of the decision, may appeal the decision. However, any interested party may appeal the environmental threshold determination. Issuance of Final Environmental Determination: The final DNS may be issued without a second comment period, unless timely continents identify probable significant adverse impacts that were not considered by the Notice of Optional DNS. A copy of the DNS may be obtained upon request. Availability of File: The official project file, existing environmental documents and required studies are available for public review at the Department of Community Development, 33325 8 h Avenue South, Federal Way, WA 98003. Staff Contact: Becky Chapin — Associate Planner, 253-835-2641 Published in the Federal Way Mirror on June 6, 2014. Doc I.D. 65679 CITY OF ti Federal Way June 5, 2014 Roger Oakdale Baylis Architects 10801 Main Street Bellevue, WA 98004 CITY HALL FILE 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www. cityoffederalway.. com RE: File #14-102203-00-UP; LETTER OF COMPLETE APPLICATION Federal Way Veteran's Center, 29404 Pacific Hwy South, Federal Way Dear Mr. Oakdale: The Community Development Department is in receipt of your May 13, 2014, Process III Master Land Use (MLU) application and environmental checklist for the proposed Federal Way Veterans Center. The proposal includes a 45-unit, 52,000 square -foot multifamily apartment complex, with partial underground parking, specifically designed for Veterans and Veteran Families. Additional improvements include 4 surface parking stalls, underground stormwater detention tank, residential open space, children's play area, and associated landscaping. Pursuant to Federal Way Revised Code (FWRC) 19.15.045, within 28 days of receiving an MLU application, the city shall determine whether all information and documentation required for a complete application has been submitted. NOTICE OF COMPLETE APPLICATION Please consider this correspondence a formal Letter of Complete Application. The Process III MLU application is deemed complete as of May 29, 2014. This determination of completeness is based on a review of your submittal relative to applicable requirements referenced within F)VRC 19.15.040, "Development application submittal requirements." This notice of complete application does not represent any form of preliminary approval of the proposed site plan. A 120-day time line for reviewing the environmental checklist and Process III application has started as of this date. The city's development regulations allow the department 120 days from the date that an application is deemed complete to take action on the application. However, the 120-day time line will be stopped any time the city requests corrections and/or additional information. You will be informed of the status of the 120-day time line when you are notified in writing that corrections and/or additional information are needed. The Development Review Committee (DRC) staff is preparing initial technical review comments that will be forwarded to you in separate correspondence. Technical review comments may result in a request for additional information and revisions in order to comply with applicable code requirements. - PUBLIC NOTICE The Notice of Application will be distributed within 14 days of this letter as follows: (1) at least one notice will be posted at the subject property; (2) one copy will be posted at each of the official notification boards; (3) one copy will be published in the Federal Way Mirror,- and (4) a copy will be mailed to property owners within 300 feet of the subject property. The department also has the responsibility to Mr. Oakdale June 5, 2014 Page 2 notify other agencies that may have jurisdiction over your development project or an interest in it. The department is issuing the notice under the optional DNS process and will use a single integrated comment period to obtain comments on the notice of application and the likely threshold determination for the proposal. CLOSING If you have any questions regarding this letter or your development project, please contact me at 253-835- 2641, or beckv.cliapin@cityoffederafway.com. Sincerely, Becky apin Associate Planner enc: NOA/DNS c: Ann Dower, Senior Engineering Plans Reviewer Erik Preston, Senior Traffic Engineer Brian Asbury, Lakehaven Utility District 14-102203 Doc. I D. 65678 CITY OF Federal Way DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES 33325 8`'Avenue South Federal Way, WA 98003-6325 253-835-2607; Fax 253-835-2609 n1�w.citvnffederal rra� .cotu Arnrto�tW PVCP 1sf Prgxakn { - Rerlw �,Lfr\ ENVIRONMENTAL CHECKLIST PURPOSE OF CHECKLIST The State Environmental Policy Act (SEPA), Revised Code of Washington (RCV) Chapter 43.21 C, requires all governmental agencies to consider the environmental impacts of a proposal before making decisions. An environmental impact statement (EIS) must be prepared for all proposals with probable sigiuficant adverse impacts on the quality of the environment. The purpose of this checklist is to provide information to help you and the agency identify impacts from your proposal (and to reduce or avoid impacts from the proposal, if it can be done) and to help the agency decide whether an EIS is required. INSTRUCTIONS FOR APPLICANTS This environmental checklist asks you to describe some basic information about our proposal. Governmental agencies use this checklist to determine whether the environmental impacts of your proposal are significant, requiring preparation of an EIS. Answer the questions briefly, with the most precise information known, or give the best description you can. You must answer each question accurately and carefully, to the best of your knowledge. In most cases, you should be able to answer the questions from your own observations or project plans without the need to lure experts. If you do not know the answer, or if a question does not apply to your proposal, write "do not know" or "does not apply." Complete answers to questions now may avoid unnecessary delays later. Some questions ask about governmental regulations, such as zoning, shoreline, and landmark designations. Answer these questions if you can. If you have problems, the governmental agencies can assist you. The checklist questions apply to all parts of your proposal, even if you plan to do them over a period of time or on different parcels of land. Attach any additional information that will help describe your proposal or its environmental effects. The agency to which you submit this checklist may ask you to explain your answers or provide additional information reasonably related to determining if there may be significant adverse impact. USE OF CHECKLIST FOR NON -PROJECT PROPOSALS Complete this checklist for non -project proposals, even though questions may be answered "does not apply." In addition, complete the Supplemental Sheet for Non -Project Actions. For non -project actions, the references in the checklist to the words "project," "applicant," and ` ro ero or site" should be read as "proposal," "proposer," and "affected geographic area," respecti RECE1V E D MAY 13 2014 CITY OF FEDERAL WAY CDS Bulletin #050 — January 1, 2011 Page 1 of 18 k:\Handouts\Environmental Checklist A. BACKGROUND L Name of proposed project, if applicable: Federal Way Veterans Center 2. Name of applicant: Federal Way Multi -Service Center 1200 South 336th, Federal Way, WA 98003 3. Address and phone number of applicant and contact person: Roger Oakdale 425-454-0566 Baylis Architects, 10801 Main Street, Bellevue, WA 98004 4. Date checklist prepared: April 25th 2014 S. Agency requesting checklist: Federal Way Planning Department 6. Proposed timing or schedule (including phasing, if applicable): Construction is scheduled to start in September 2014. If it does not start by then, the project will lose its funding. 7. Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes, explain. No 8. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. Geotechnical Engineering Report has been prepared by the Riley Group Geotechnical Engineers. A full survey has been prepared by AHBL Engineers. 9. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain. None known 10. List any government approvals or permits that will be needed for your proposal, if known. Use Process Ill approval, Demolition Permit, & Building Permit and other related construction permits. $au{n Liv c f-,AJ tr Yr av-t (?A^) w i ii be "%reJ 11. Give brief, complete description of your proposal, including the proposed uses and the size of the project and site. There are several questions later in this checklist that ask you to describe certain aspects of your proposal. You do not need to repeat those answers on this page. Bulletin #050 — January 1, 2011 Page 2 of 18 k:\Handouts\Environmental Checklist This is a single use building designed for homeless veterans and homeless veterans with children. There will be 45 apartment units with associated services for a total of 44,000 SF. There will also be parking for 21 vehicles within the building and 4 vehicles outside the building. The building will be 5 levels high and include ouldoorr amenity areas. PeYsw.br(►eii,i plcif►.S - 5J,59-7SR _�tbmki' 0 X-7 -btvA pewV—i-j S 12. Location of the proposal. Give sufficient information for a person to understand the precise location of your proposed project, including a street address, if any, and section, township, and range, if known. If a proposal would occur over a range of area, provide the range or boundaries of the site(s). Provide a legal description, site plan, vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist. The address is 29404 Pacific Highway South, Federal Way, WA 98003. PARCEL A: THE WEST 100 FEET OF LOT 4, BLOCK 2, HALL'S ACRE TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 2- OF PLATS, PAGE 25, IN KING COUNTY, WASHINGTON; EXCEPT THE WEST 20 FEET THEREOF FOR STATE HIGHWAY; AND EXCEPT THAT PORTION THEREOF TO THE CITY OF FEDERAL WAY FOR ROAD PURPOSES BY SUPERIOR COURT CAUSE NUMBER 06-2-01388-3 KNT, RECORDED UNDER RECORDING NUMBER 20061025001096; AND ALSO EXCEPT THAT PORTION THEREOF DEEDED TO THE CITY OF FEDERAL WAY, A WASHINGTON MUNICIPAL CORPORATION, RECORDED OCTOBER 8, 2007, UNDER RECORDING NUMBER 20071008000058; PARCEL B: LOT 4, BLOCK 2 OF HALL'S ACRE TRACTS, AS PER PLAT RECORDED IN VOLUME 20 OF PLATS, PAGE 25 RECORDS OF KING COUNTY AUDITOR; EXCEPT THE WEST 100 FEET THEREOF AS MEASURED ALONG THE NORTH LINE; AND EXCEPT THE EAST 87 FEET THEREOF AS MEASURED ALONG THE NORTH LINE; TOGETHER WITH AN EASEMENT FOR INGRESS, EGRESS OVER THE NORTH 12 FEET OF THE WEST 100 FEET OF SAID LOT 4; EXCEPT THE WEST 20 FEET THEREOF CONVEYED TO THE STATE OF WASHINGTON FOR STATE HIGHWAY; ALSO TOGETHER WITH AN EASEMENT FOR INGRESS AND EGRESS OVER THE NORTH 15 FEET OF THE WEST 87 FEET OF SAID LOT 4, BLOCK 2, SAID ADDITION; SITUATE IN THE CITY OF FEDERAL WAY, COUNTY OF KING, STATE OF WASHINGTON. B. ENVIRONMENTAL ELEMENTS 1. EARTH a. General description of the site (Underlined): flat, rolling, hilly, steep slopes, mountainous, other. b. What is the steepest slope on the site (approximate percent slope)? There is an old 3' to 4' high wood retaining wall in the middle of the site to flatten one area for a parking strip. The grade was stripped away behind this wall for a short distance. The average slope of the steepest part of the site is 12.5% in one small area. c. What general types of soils are found on the site (for example, clay, sand, gravel, peat, mulch)? If you know the classification of agricultural soils, specify them and note any prime farmland. There are 2' to 5' of medium dense to very dense fill and surficial soils comprised of silty sand with some gravel over very dense glacial till consisting of silty sand with some gravel. d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. Bulletin #050 —January 1, 2011 Page 3 of 18 k:\Handouts\Environ mental Checklist None known e. Describe the purpose, type, and approximate quantities of any filling or grading proposed. Indicate source offill. Project will be constructed mostly close to existing grades. Ground floor will be excavated horizontally approximately 95 feet into an existing embankment that crosses the center of the parcel. There will be a net export of excavated native material. Estimated cut: 2200 cu. yds. Estimated fill: 175 cu. yds. f. Could erosion occur as a result of clearing, construction, or use? Ifso, generally describe. The site is essentially flat in front and flat in back. There should be no erosion during construction or during occupancy. g. About whatpercent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? 70.6% h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any. Industry standard erosion control methods will be employed, including silt barriers, inlet protection, stockpile management, sediment traps or tanks for dewatering, fuel and concrete waste management, armored construction entrance and mulching exposed soil. Work during the rainy season may require enhanced measures. 2. AIR a. What types ofemissions to the air would result from the proposal (i.e., dust, automobile, odors, industrial wood smoke) during construction and when the project is completed? If any generally describe and give approximate quantities ifknown. During construction there will be the typical truck emissions and site -work with excavating. After construction there will only be the auto emissions of building users. b. Are there any off -site sources of emissions or odor that may affect your proposal? Ifso, generally describe. None known c. Proposed measures to reduce or control emissions or other impacts to air, if any. During construction - as required for dust control. After construction none required. Bulletin #050 — January 1, 2011 Page 4 of 18 k:\Handouts\Environmental Checklist 3. WATER a. Surface. 1) Is there any surface water body on or in the immediate vicinity of the site (including year- round and seasonal streams, saltwater, lakes, ponds, wetlands)? Ifyes, describe type and provide names. If appropriate, state what stream or river it flows into. None 2) Will the project require any work over, in, or adjacent to (within 200 feet) the described waters? Ifyes, please describe and attach available plans. None 3) Estimate the amount offzll and dredge material that would be placed in or removed from surface eater or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material. None 4) Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities ifknown. No. S) Does the proposal lie within a 100 year floodplain? Ifso, note location on the site plan. No. 6) Does the proposal involve any discharges of waste materials to surface waters? Ifso, describe the type of waste and anticipated volume of discharge. None b. Ground. 1) Will groundwater be withdrawn, or will water be discharged to groundwater? Give general description, purpose, and approximate quantities ifknown. No. 2) Describe waste material that will be discharged into the ground from septic tanks or other sources, if any (for example: domestic sewage; industrial, containing the following chemicals... ; agricultural; etc.). Describe the general size of the system, the number of such systems, the number ofhouses to be served (if applicable), or the number of animals or humans the system(s) are expected to serve. None c. Water Runoff (including stormwater) 1) Describe the source of runoff (including stormwater) and method of collection and disposal, if any (include quantities, ifknown). Where will this water flow? Will this water flow into other waters? Ifso, describe. Stormwater runoff will be tightlined to a detention vault. The metered release from the vault will be routed to the existing storm system in Pacific Highway South, which discharges to Redondo Creek approximately one -quarter mile southwest. Bulletin #050 — January 1, 2011 Page 5 of 18 k:\Handouts\Environmental Checklist 2) Could waste materials enter ground or surface waters? If so, generally describe. None d. Proposed measures to reduce or control surface, ground, and runoff water impacts, if any. Stormwater management will comply with the requirements of King County and Federal Way drainage standards, including Level 2 flow control and Enhanced Basic water quality treatment. 4. PLANTS a. Check or circle types ofvegetation found on the site. _deciduous tree: alder, maple, aspen, other evergeen tree: fir, cedar, pine, other shrubs morass _pasture _crop or grain _wet soil plants: cattail, buttercup, bulrush, skunk cabbage, other _waterplant: water lily, eelgrass, milfoil, other other hypes of vegetation b. What kind and amount of vegetation will be removed or altered? Trees will be removed along with English Ivy, Himalayan Blackberry, Scotch Broom and Weed grasses. Se-vu--! LOIr�'Pr-1-t-e-vS -tv be r ft%6vaA • Pafen-tLa-� for foist P+A1rtCie-S ClaSS of CJA + Perw;:-V -C�-*j gS&%mes-lwrtsdt�zn a~ fevieA:). c. List threatened or endangered species known to be on or near the site. None known d.. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any. Wherever possible, existing trees will be retained. Landscape buffers will utilize almost exclusively native and drought tolerant plant materials. 5. ANIMALS a. Circle any birds and animals which have been observed on or near the site or are known to be on or near the site. birds: hawk, heron, eagle, songbirds, other: None known mammals: deer, bear, elk, beaver, other: None known fish: bass, salmon, trout, herring, shellfish, other: None known b. List any threatened or endangered species known to be on or near the site. None known G. Is the site part of a migration route? Ifso, explain. No. d. Proposed measures to preserve or enhance wildlife, if any. Open landscaped spaces. Bulletin #050 —January 1, 2011 Page 6 of 18 k:\Handouts\EnvironmentalChecklist 6. ENERGY AND NATURAL RESOURCES a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc. The project's energy requirements can be met with electricity and natural gas. Electricity will be used for all project lighting, residential heating, and residential cooking. Natural gas will be used for hot water heating. b. Would your project affect the potential use ofsolar energy by adjacent properties? If so, generally describe. The north and northeast parcel will be might be marginally impacted by shadows from the winter sun. c. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any. Building systems and energy envelope will meet or exceed requirements of the Washington State Energy Cade. Alternate methods of transportation will be encouraged within the project — enhanced pedestrian access to mass transit. Hot water heating will be augmented 25% by solar roof panels if funding can be secured for this feature. 7. ENVIRONMENTAL HEALTH a. Are there any environmental health hazards, including exposure to toxic chemicals, risk offzre and explosion, spill, or hazardous waste that could occur as a result of this proposal? Ifso, describe. Surface and subsurface investigations conducted at the site has not revealed any soil contaminants. No other health hazards are known. 1) Describe special emergency services that might be required. Not applicable. 2) Proposed measures to reduce or control environmental health hazards, if any. In the event that contaminated material is identified, the handling and disposal of the material will be conducted in accordance with a site specific health and safety plan prepared in accordance with the Model Toxics Control Act and the Code of Federal regulations. b. Noise. 1) What types of noise exist in the area which may affect your project (for example: traffic, equipment operation, other)? Traffic noise from adjacent state route Highway 99. 2) What types and levels of noise would be created by or associated with the project on a short- term or long-term basis (for example: traffic, construction operation, other)? Indicate what hours noise would come from the site. Short Term: Construction equipment and traffic noise during work hours. Long Term: Normal traffic noise from a multi -family building use. 3) Proposed measures to reduce or control noise impacts, if any. Adhere to city restrictions on construction activities during night-time, weekend and holiday hours. Bulletin #050 —January 1, 2011 Page 7 of 18 k:\Handouts\Environmental Checklist 8. LAND AND SHORELINE USE a. What is the current use of the site and adjacent properties? The project site is currently used for retail on the west and residential use on the east (Zoned BC). North and South — Current use: Retail strip Z Office use (Zoned BC). East — Current use: Single-family residence (Zoned RM3600). North East — Current use: Multi -family, 4-Plex building (Zoned RM3600). West — Pacific Highway South b. Has the site been used for agriculture? If so, describe. No. c. Describe any structures on the site. The site is occupied by a vacant, wood framed retail building on the west and a wood framed single family residence on the east. The area between the buildings is gravel surfaced parking behind the commercial building. d. Will any structures be demolished? Ifso, what? Both buildings on the site will be demolished. e. What is the current zoning classification of the site? Current zoning: BC f. What is the current comprehensive plan designation of the site? Community Business g. If applicable, what is the current shoreline master program designation of the site? Not applicable. h. Has any part of the site been classified as an environmentally critical area? Ifso, specify. None. i. Approximately how many people would reside or work in the completed project? Approximately 60 people would reside in the project, not including 5-7 people on site for staff and maintenance. j. Approximately how manypeople would the completedproject displace? None. Both buildings on site are vacant. k. Proposed measures to avoid or reduce displacement impacts, if any. None required. 1. Proposed measures to ensure the proposal is compatible with existing andprojected land uses and plans, if any. Neighborhood compatibility will be achieved through the design review process and by responding to priorities and design guidelines identified during Use Process III review which is scheduled for May 13, 2014. The project complies with applicable zoning and land use regulations. Bulletin #050 —January 1, 2011 Page 8 of 18 k:\Handouts\Environ mental Checklist 9. HOUSING a. Approximately how many units would be provided, if any? Indicate whether high, middle, or low- income housing. There will be 44 units low income that include 35 units with supportive services. b. Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low- income housing. One vacant house will be eliminated. c. Proposed measures to reduce or control housing impacts, if any. None required. 10. AESTHETICS a. What is the tallest height of anyproposed structure(s), not including antennas; what is the principal exterior building material(s) proposed? The building will not exceed the 65' height limit. In fact it is approximately 54' in height at the topmost point of the pitched roof. The principal exterior materials include cementitious siding, metal siding, ground face CMU and glass. b. What views in the immediate vicinity would be altered or obstructed? The 4-plex townhouse at the NE corner of the property surrounded by an existing large tree cover, will be marginally affected. Impacts are minimized due to proposed building height, orientation and site topography. The neighboring building will still be able to enjoy great views of Mount Rainier to the south. c. Proposed measures to reduce or control aesthetic impacts, if any. The project is designed to design review guidelines. Design measures include variations in roof profiles, modulations of the building fagade, change in materials, textures and colors, landscaped street level open space along streets and adjacent properties and an outdoor plaza to the south of the building for visual relief. 11. LIGHT AND GLARE a. What type of light or glare will the proposal produce? What time of day would it mainly occur? Night-time exterior lighting as required for pedestrian and vehicular safety and signage lighting. b. Could light or glare from the finished project be a safety hazard or interfere with views? No. c. What existing off -site sources of light or glare may affect your proposal? Vehicular traffic from the adjacent highway and street lights. d. Proposed measures to reduce or control light and glare impacts, if any. Building lighting will be screened as appropriate from the adjacent properties for glare. Building signage will be `low-key' with softer diffused lighting. All residences will be provided with blinds for cut off external glare. 12. RECREATION a. What designated and informal recreational opportunities are in the immediate vicinity? • There are two public parks near the property. Sacajawea Park (1401 s. Dash Point Road) and Bulletin #050 — January 1, 2011 Page 9 of 18 k:\Handouts\Environmental Checklist Celebration Park (32205 11th Place South). • Nearby there is a large shopping center called The Commons at Federal Way that contain many informal recreational opportunities such as Halloween trick or treat events and other holiday events on their calendar of events. There is even a Cinemark Movie Theater. • La Fitness Gym (27417 Pacific HWY S.) is located 1.55 miles from the property. • And for the kids there is Enchanted Park/Wild Waves amusement park (36201 Enchanted PKWY S.). This is located 2.55 miles from the project. b. Would the proposed displace any existing recreational uses? Ifso, describe. No. c. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any. Public areas include amenity area with large outdoor open plaza where the veterans will have shared time with barbeques and other common activities. A children's play area will be located on the east side in an enclosed -protected area, directly off the children's play room. 13. HISTORIC AND CULTURAL PRESERVATION a. Are there any places or objects listed on, or, proposed for, nation, state, or local preservation registers known to be on or next to the site? Ifso, generally describe. No. b. Generally describe any landmarks or evidence of historic, archaeological, scientific, or cultural importance known to be on or next to the site. Not applicable. c. Proposed measures to reduce or control impacts, if any. Not applicable. 14. TRANSPORTATION a. Identifypublic streets and highways serving the site, and describe proposed access to the existing street system. Show on site plans, if any. The project site is bound by Highway 99 (Pacific highway S) on the west. The adjacent property to the south is bound by S 296th Street at the south. The building entrance and parking garage will be straight off the Highway 99 access, pedestrian entry from the sidewalk along Highway 99. b. Is the site currently served bypublic transit? If not, what is the approximate distance to the nearest transit stop.? The current site is served by many bus routes. Directly on the property running along Pacific Highway are routes 182, 402 and 500 which run all day. Nearby, at The Commons, is a Park and Ride servicing route 177, 178, and 193 and has over 250 parking stalls. c. How manyparking spaces would the completed project have? How many would the project eliminate? The completed project will provide approximately 27 parking spaces and 6 bike racks. The project will not eliminate any marked parking stalls. The current parcels do not have any demarcated parking stalls. Bulletin #050 — January 1, 2011 Page 10 of 18 k:\Handouts\EuvironmentalChecklist d. Will the proposal require any new roads or streets, or improvements to existing roads or streets, not including driveways? Ifso, generally describe (indicate whether public or private). The existing curb cut on Hwy 99 will be moved to the south, away from the north property line, about 15 feet. e. Will the project use (or occur in .the immediate vicinity of) water, rail, or air transportation? Ifso, generally describe. The project will not use water, rail, or air transportation. f. How many vehicular trips per day would be generated by the completed project? Ifknown, indicate when peak volumes would occur. We assume 6 staff members working at the facility and we estimate that only 25% of the tenants will have vehicles. Therefore, 6 staff members plus 11 tenants for a total of 17 persons would be driving. Assuming that these people need to travel to and from the facility for work; that puts us at only 34 vehicular trips per day (12 for staff and 22 for tenants) with peak hours from 7-9 am and 4- 6 pm, if they work normal office hours. Most likely the hours will be staggered during the mid -day and mid -evening if working part-time jobs. g. Proposed measures to reduce or control transportation impacts, if any. Primary automobile access will be provided directly on state route Highway 99 which is a major divided arterial. There will be minimal affects due to the target population. Most tenants will utilize the Metro transportation that conveniently runs along the property line on Pacific Hwy. There is also a Park-n- Ride just to the north that has over 250 spaces available for commuters. 15. PUBLIC SERVICES a. Would the project result in an increased need for public services (for example: fire protection, police protection, health care, schools, other)? If so, generally describe. Public service needs will be typical of a small apartment building. b. Proposed measures to reduce or control direct impacts on public services, if any. The two existing buildings have no storm water detention. This project will have a storm water detention vault of almost 50,000 gallons that will be metered out through a 1/2" diameter hole. The new detention standards require water storage for not only the impervious structures and site scape, but they also require detention for the planted areas. This will make a significant reduction in the storm water surcharges that occur during storms under the present conditions. �A SeKool IAcce.ss Prna1yS�S a-r� scfio�I trr�pu�c,+ r<e2 Wil( lQP_ reauxeeA 16. UTILITIES a. Circle / underline utilities currently available at the site: Electricity_ natural as water. refuse service. telephone. sanitary sewer, septic system, other (please list) b. Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity which might be needed. Water connections, sanitary sewer and storm drainage are all existing in or next to Hwy 99 and presently connected to two buildings. The water connections will be reused. Storm water will be held in a very large detention vault and metered slowly into the existing system. PSE Bulletin #050 — January 1, 2011 Page 11 of 18 k:\Handouts\Environmental Checklist will provide power and gas. It is believed that the existing gas line will be large enough, but if it isn't then it will need to be enlarged. The line is currently under Hwy 99. There will also be waste management and multiple phone and cable providers. C. SIGNATURE The above answers are true and complete to the best of my knowledge. I understand that the lead agency is relying on them to make its decision. SIGNATURE: DATE SUBMITTED: M8 13. 2014 Bulletin #050 —January 1, 2011 Page 12 of 18 k:\Handouts\Environmental Checklist RECEIVED MASTER LAND USE APPLICATION MAY y 3 2014 DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES fYIH f 1 +i) LY 1 33325 8"' Avenue South CITY OF Fedcral Way, WA 98003-6325 WayCITY ®i= FEDERAL WAY 253-835-2607; Fax 253-835-2609 Federal CDS www.ciiyoffederalwa}.com /Lf- /0_d A () - - -S E APPLICATIONNOW (J 1:21OS 3 P Date May 2, 2014 Project Name FEDERAL WAY VETERANS CENTER Property Address/Location Parcel Number(s) 29404 Pacific Highway, South, Federal Way 3040200081,3040200079 Project Description This is a 45 unit apartment specifically designed for Veterans and Veterans families including children. Within the structure are service facilities including computer labs, counseling o[ficcs, child play areas, and communal facilities. PLEASE PRINT Type of Permit Required _ Annexation Binding Site Plan Boundary Line Adjustment Comp Plan/Rezone Land Surface Modification X Lot Line Elimination Preapplication Conference Process I (Director's Approval) Process II (Site Plan Review) X Process III (Project Approval) Process IV (Hearing Examiner's Decision) Process V (Quasi -Judicial Rezone) _ Process VI X SEPA w/Project SEPA Only Shoreline: Variance/Conditional Use Shorn Subdivision Subdivision Variance: Commcreial/Residential Required Information BC Zoning Designation Community BgsinesgS Lompt•c ensivc Plan Designation $285,200 Value of Existing improvements $6,665,555 Value of Proposed Improvements International Building Code (IBC): R-2 Residential Occupancy Type S-2 Parking Construction Type Applicant Roger Oakdale, PM Baylis Architects Name: 10801 Main Street Address: Bellevue, WA City/State: 98004 21 Zip: 425-454-0566 Phone: 425-453-8013 Fax: Email: oakdalcr 5 baylisarchitects.com Signature: Agent (if different than Applicant) Name: Mark Thometz Address: 2223112th Ave. NE, Suite 102 City/State: Bellevue, WA 98004 Zip: 206-818-2398 Phone: Fax: metedwa@comcast.net Email: Signature: ,, 77i7� Owner Robin Corak, CEO Name: MSC Federal Way Veterans LLC Address: 1200 South 336th Cily/State: Federal Way, WA, Zip: 98003 Phone: Fax: 253-835-7678 Email: robinc@multi-servicecenter.com Sign I LU . — Bulletin #003 — January 1, 2011 Page 1 of 1 k:\Handouts\Master Land Use Application Mg r` wi NO pi Vie, }f .�.. VETER .�,.. �•. � - -� � �� � ERANS CENT E R Ae + :r y,. '. ii�:; � r•Y3. t.b!- Y � .•'.yw...1a+,SS=�C� --.; 4: Y.l•!•T: 1��`"• .r VETERANS CENTER I ARCHITECTS boy� October 10, 2014 To Whom It May Concern: Brian Brand, AIA Kevin J. Cleary, AIA Meredith Everist, AIA Thomas Frye, Jr., AIA Richard Wagner, FAIA The MSC Federal Way Veterans Center project is about 98% complete through the permitting process. With the project being housing for Veterans, it comes with a unique set of program complexities. The specific user group that it serves has a specialized set of needs. Safety and security for the residents is one such intricacy that is fundamental to making the project function successfully long term. Given this necessity, the control center will now be located to the main residential level in the heart of the building. This new location will provide better vigilance and opportunity for prompt response when the residents need help. In order for the project to respond to this requirement, there are some spatial reallocations that will be made to the ground floor and the 41h floor. The main street entrance will be to the south and continue up into the very center of the building. There will be extended canopies and some ramps along this entrance. The entry -security desk will be located right behind this entry door. As stated earlier, this location places it in the center of the building circulation and "life beat" of the project. The former parking / basement level entry is revised to function simply as a mailroom and service entry. The former east 4th floor office will be relocated on the basement/parking level in place of the former one bedroom unit. The manager's unit and MSC rental office is moved to the SW corner, keeping all related functions together for logical flow. The 4th floor common toilet is moved to the west side of the building to be closer to the lounge. The former east side office on the 4th floor will now be used as a residential studio unit to take advantage of the "green" neighborhood views to the east. Please note that these revisions will be made in accordance of the current permitting process. Sincerely, BAYLIS ARCHITECTS,IN,C�. Roger dakdale, AIA Project Manager Ro/sac Cc: Robin Corak Mark Thometz Janel Salinas RESUBMI17E® OCT 21 2014 CITY OF FEDERAL W,Ay CDS 10801 Main Streei, 110 1 Bellevue, WA 98004 1904 Third Avenue, i.`-330 I Seattle, INA 98101 BaylisArchitects.com School Access Illustration Map FEDERAL WAY VETERANS CENTER •..ii . •I a ........... Provide security downlight at top of • • . extended gate pole - shielded to • Il r L_, control spread to house at south �� • •' .` .: Property will be secured with an �:�:..::. •:•::. • ::• p Y II .... :��g: access gate operated by a key fob AHBL 4l03 jI--.�.1 \IL AND WASHER •' { —'kl - - •II�'I�.—` N: 127028-4471 I •� ryl E: 1273807 9391 • M• __• .y i• #� ::::::: Zs•-Y_ — �5 4 - ter'— `� .4•y ... .. .. .. .. . 7� • • 6 - • — `#' — 7— — — — 5 ELEV:438.45-04 ' • • • • iTYlhll Y is — _ — — - _-� - — =� _e I • •I # j• Illry, I•t ���� I • �jp` I. yl11 = I •+ •il �•• [ IV aM1� N. I � 1 � • � Ir I�l' �, I I• �' ` . fIs � LIIII • •I r ' I .I � � Illy, r Id•�• - • E• ••• •III,•f• R •I•• •�•' ;f •:• i•91131 #104 r �- .NAIL AND WASHER 8 .' .I .'.'.I•. '�. ' �• : 126912.6706 �1273799,72270 • _ •ELEV: 437.29 I P0ED ,a ILDINC iGRAVEL i - r' L 71,1r 438-s3 L�Cpao 5 1 4. H Owner requested light • ...... . bollards along access path. They must provide ........ children's security and be . ... • • strong enough for public abuse - ve • lease p verify .... , - . 15' EASEMENT FOR o y INGRESS AND EGRESS • ' AFN 5618505 • • • • • ! . NL i 1' - I � Z4 • -119 C. yj ti o..l� 1 0C — 5.8' e 448.43-J — -.— — .--. 'i 1. ••,••, PARCEL DATA 29404 PACIFIC HIGHWAY SOUTH 7 ' FEDERAL WAY, WA 98003�•.•.•., PARCEL A: PARCEL NO. 3040200081 - - 8,578.4 SID FT 0.20 ACRES . PARCEL B: PARCEL NO. 304-0200079 15,378.E SQ FT 0.35 ACRES I F—�—j , Bollard f Lights I' 4 No �aazv CITY OF Federal Way DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT 33325 8th Avenue South Federal Way WA 98003 253-835-7000; Fax 253-835-2609 www.cityoffederaiway.com DECLARATION OF DISTRIBUTION I, hereby declare, under penalty of perjury of the laws of the State of Washington, that a: ❑ Notice of Land Use Application/Action ❑ Notice of Determination of Significarce (DS) and Scoping Notice Environmental Determination of Nonsignificance (SEPA, DNS) ❑ Notice of Mitigated Environmental Determination of Nonsignificance (SEPA, MDNS) ❑ ttofc� Land Use Application & Optional DNS/MDNS ❑ FWRC Interpretatbn ❑ Other ❑ Land Use Decision Letter ❑ Notice of Public Hearing before the Hearing Examiner ❑ Notice of Planning Commission Public Hearing ❑ Notice of LUTC/CC Public Hearing ❑ Notice of Application for Shoreline Management Permit ❑ Shoreline Management Permit ❑ Adoption of Existing Environmental Document was Wmailed ❑ faxed ,fie -mailed and/or ❑ posted to or at each of the attached addresses on S 2014. Project Name File Number(s) -1 o a') Signature, Date JY-N K:\CD Administration Files\Declaration of Distribution.doc/Last printed 1 /22/2014 2,40:00 PM Tamara Fix From: Tamara Fix Sent: Wednesday, September 24, 2014 9:01 AM To: 'sepaunit@ecy.wa.gov' Cc: 'Brian Asbury'; Gordon Goodsell;'brandon.reynon@puyalluptribe.com'; 'laura.murphy@muckleshoot.nsn.us'; 'sepa@pscleanair.org'; claudew@pscleanair.org; 'tnascime@fwps.org'; 'ramin.pazooki@wsdot.wa.gov'; ' madams@piercetransit.org Subject: Federal Way Veterans Center DNS Attachments: 2014092408S818.pdf Attached is the DNS for the Federal Way Veterans Center project. This was issued on September 24, 2014, and the Associate Planner for the project is Becky Chapin, 253-835-2641, beckv.chapin@citvofFederalway.com. T677na ra Fix Actin in Ass l . City of J-"ederaf'),vay iamara.f-x@cityo ffedergC a .com ' When life gives you a hundred reasons to cry, show life that you have a thousand reasons to smile." Unknown AJl�ll V\.L Ll\IJ Llll\.l A1111V 1, Cl �.vll Lilly Vl�ilJL �.V l.11\+ 1 V11V ��111� A�\+11 \.1vJ i DEPT OF ECOLOGY ENVIRONMENTAL REVIEW SEC PO BOX 47703 OLYMPIA WA 98504-7703 sepaunit@ecy.wa.gov ✓ BRIAN ASBURY LAKEHAVEN UTILITY DIST PO BOX 4249 FEDERAL WAY WA 98063 basbury@lakehaven.org LAURA MURPHY TRIBAL ARCHAEOLOGIST MUCKLESHOOT INDIAN TRIBE 39015 172ND AVE SE AUBURN WA 98092 laura.mur h muckleshoot.nsn.us, LAND US SVC KCDDES 35030 SE DOUGLAS ST, #210 SNOQUALMIE, WA 98065 LORI KITTREDGE METRO TRANSIT KSC-TR-0413 201 S JACKSON ST SEATTLE WA 98104-3856 ATTN SEPA REVIEW PUGET SOUND CLEAN AIR AGENCY 1904 3RD AVE STE 105 SEATTLE WA 98101-3317 sepa@pscleanair.org claudew rEboscleanair.oral 1 SOUTH KING FIRE & RESCUE 31617 1ST AVE S FEDERAL WAY WA 98003 chris.ingham@southkingfire.org gordon.goodsell@southkingfire.org ✓ RAMON PAZOOKI WSDOT SOUTH KING COUNTY PO BOX 330310 SEATTLE WA 98133-9710 ramin.pazooki@wsdot.wa.gov PIERCE CO PLNG & LAND SVCS 2401 S 35T" ST TACOMA WA 98409-7460 KENT CITY HALL PLANNING DEPT 220 4T" AVE S KENT WA 98032 TANYA NASCIMENTO FW PUBLIC SCHOOLS 31405 18T" AVE S FEDERAL WAY WA 98003 tnascime@fwps.org BRANDON REYNON PUYALLUP TRIBE OF INDIANS HISTORIC PRESERVATION DEPT 3009 E PORTLAND AVE TACOMA WA 98404 brandon.reynong_puvalluptribe.com ✓ CITY OF DES MOINES ATTN: Planning Dept 21630 11 TH AVE S DES MOINES WA 98198 MONICA ADAMS PIERCE TRANSIT PO BOX 99070 LAKEWOOD WA 98499-0070 madams@piercetransit.org v- [ITY 0] Federal Way ENVIRONMENTAL DETERMINATION OF NONSIGNIFICANCE (DNS) Federal Way Veterans Center File 414-102205-00-SE Proposal: Proposed construction of a 44-unit 5-story multifamily apartment complex, with partial structured parking, specifically designed for Veterans and Veteran Families. The existing vacant buildings will be demolished and replaced by a 52,000 square -foot building with permanent apartment units, enrichment service centers, communal spaces, and children's play areas. Additional improvements include 4 surface parking stalls, underground stormwater detention tank, residential open space, children's play area, and associated landscaping. Applicant: Roger Oakdale, Baylis Architects, 10801 Main Street, Bellevue, WA 98004 Project Location: 29404 Pacific Hwy South, Federal Way, WA 98003 Tax Parcel 9 304020-0081 & 304020-0079 Lead Agency: City of Federal Way - Community Development Department Staff Contact: Becky Chapin — Associate Planner, 253-835-2641, becky.chapin@cityoffederalway.com The lead agency for this proposal has determined that it does not have probable significant adverse impact on the environment and an Environmental Impact Statement (EIS) is not required under RCW 43.21C.032(2)(c). This decision was made after review of a completed environmental checklist, Federal Way Comprehensive Plan, Federal Way Revised Code, 2009 King County Surface Water Design Manual, and other municipal policies, plans, rules, and regulations designated as a basis for exercise of substantive authority under the State Environmental Policy Act Rules pursuant to Revised Code of Washington (RCW) 43.31C.060. This DNS is issued after using the optional DNS process in WAC 197-11-355. No written comments were received in response to the 14-day comment period that ended dune 23, 2014. There is no further comment period on the DNS. You may appeal this determination to the Federal Way City Clerk, no later than 5:00 p.m. on October 8, 2014, by a written letter stating the reason for the appeal of the determination and associated fee. You should be prepared to make specific factual objections. Responsible Official: Isaac Conlen, Planning Manager for Larry Frazier, Interim Director of Community Development Address: 33325 8`h Avenue South, Federal Way, WA 98003 Date Issued: September 24, 2014 Signature: Doc. I.D. 65925 Tamara Fix From: Tamara Fix Sent: Wednesday, September 24, 2014 9:11 AM To: Chris Ingham Subject: Federal Way Veterans Center DNS Attachments: 20140924085818.pdf Attached is the DNS for the Federal Way Veterans Center project. This was issued on September 24, 2014, and the Associate Planner for the project is Becky Chapin, 253-835-2641, becky.chap_in@cityoffederalway.com. •T'a in a ra }'ix j1din in JLL st . City of . Tedera C117ay tamara ftx@citVoffederaAvaU cam "When life gives you a hundred reasons to cry, show life that you have a thousand reasons to smile." Unknown IN - H I wirl I 7L 01-7, I x. i 0 00- ANN"" F7 1 ;1 VIEW LOOKING EAST WITH ADJACENT STRIP MALL BUILDINGS TO SOUTH I i I _ i - \iiF W L n n kiN r w ARCHITECTS b I OYI C z) July 16, 2014 (response September 8, 2014) P;,,G;Pa,, Brian Brand, AIA Kevin J. Cleary, AIA Meredith Fverist, AIA Thomas Frye, Jr., AIA Richard Wagner, FAIA RESUBMITTED City of Federal Way SEP 10 2014 Becky Chapin Associate Planner 33325 8`h Avenue South CITY OF FEDERAL WAY Federal Way, WA 98003-6325 CDS RE: File No.14-102203-00-UP Federal Way Veterans Center, 29404 Pacific Hwy S,, Federal Way JOB NO.: 13-1225 Dear Becky: umbe On behalf of our client, we are submitting the foliowinj ring in the oreference letnse to your ter letter above. July 10, 2014. Responses below correspond to the n Provide housing and support services to both homeless Proposed Use —The description of the project is top temporary and permanent veterans and homeless veterans with children. The project has 45 units of temp Y accommodations. roviding appears a portion of the project is considered social service as -needed basis, see Federal Way liRev►sed Codsocial !t pp temporary and transitional housing to individuaIs on itional housing. It is understood that the (FW RC) 19.05.190, for the full definition of social cial se id bervice ransa �essory to the special needs housing service transitional housing aspect of the project permanent units. osed uses, please to p temporary and provide detail on the number of get a better et dwelling understanding punitts. Also explain on average, how Ion tenants will occupy te the temporary units. Res housing The "temporary" term used +n our narrative does not mean the rand going for a short term on as defined in your (FWRC) 19.05.190 where tenants are coming its are will remain an "as -needed basis" as stated in this ordinance. as they qualify for�assistance�Manyed as permanent e un apartments for individuals and familiespercentage of residents that residents for many years and some will move on for various reasons. It will be exactly the same as a regular apartf cjlbuildi buildixceng esfidentsat rwourldll bin a regular e a apartment [wilding• stay much longer in thisY Baylis fan depicts the building Boundary Line Adjustment -The properly consists of Iwo legal lots of record. The siundary te line adjustment (SLA) over the property line between then two dance with h standards of FWRC lots. In order to remove the lot 118 10 etine, a . al. al. Prior to issuance of the application must be submitted In Count Records at the expense of the certificate of Occupancy, the approved 8LA must be recorded at King Y applicant. (425) 454 0566 o u \A/A 98004 � 1904 Third Avenue, 4330 I Seattle, WA 98101 BaylisArchitects.com Becky Chapin July 16, 2014 (response September 8, 2014) Page 2 of 10 Response: The Boundary Line Adjustment will be completed before the completion of this project. Baylis Landscaping Modification -Type III landscaping screen 5feet in width is required along the south and west property lines, and a portion of the north property line that abuts the BC zoning district. The south property line does not meet this requirement as the landscape plan depicts a sidewalk within the landscape buffer area. Response: We are requesting a Landscape Modification for the Landscape Planting along the South Property Line. 19.125.100.6 Modification Options allows for reduction of buffer by 25% if adjacent property is zoned same or more intensive. It also allows for relocating the remaining 75% of the required buffer. Required Buffer is 5; a 25% reduction brings it down to 3.75. We have relocated the remaining required buffer to the east and west ends of the project. GT Landscaping Type I landscaping 15 feet in width is required along the east property line and a portion of the north where it abuts the RM3600 zoning. The north portion of the property line does not meet this requirement; the northeast comer of the structured garage is located in the 15-foot buffer area. Also, the landscaping along the east property line has encroachment with a lawn area and does not meet the 15-foot landscaping requirement. Buffer averaging is proposed for encroachment into the landscape buffer by 108 sq. ft. Response: We are asking for Landscape Modification for that portion of the Parking Garage Roof that extends into the 15' landscape requirement. Proposed mitigation will be installation of 4 precast planters set on the roof. Two of the planters will contain trees; the other two will have shrubs. The garage extends 14'-9" along this strip in question where it abuts the RM3600 zone. The garage is below grade for its entire length. The garage roof will be flush with the grade at the NE corner, and less than 18" above grade at the other end. This entire edge will be planted. The entire roof is covered in decorative gravel beds. Along the east property line, we are also asking for a Landscape Modification to buffer average the lawn intrusion into the buffer. The area outlined as `Additional Planting' is more than twice the quantity of the lawn intrusion. See sheet L102. GT Landscaping Any landscape modification request must be submitted separately in writing and must include a narrative describing the extent of the modification and how the proposed modification meets the applicable criteria listed in FWRC 19.125.100. Please provide a request for modification for the buffer averaging along the east perimeter and sidewalk intrusion along the south perimeter landscaping. The landscape modifications will be reviewed and decided upon in conjunction with the Process III application. Garbage and Recycling -All trash enclosures shall be screened from public rights -of -way by a 100 percent sight -obscuring fence or wall and appropriate landscape screen. The site plan depicts a solid masonry wall around the garbage and recycling bins, with no proposed landscape screen. Please provide landscaping, or other architectural feature such as trellis, along the wall enclosure to screen the blank wall from the right-of-way. Please see additional solid waste comments from Rob Van Orsow below. Response: A vertical trellis, with plantings, will be installed in front of the CMU wall facing Pacific Highway. Baylis, GT Landscape Forest Practices Permit -Per the site plan, it appears several large evergreen trees are to be removed from the property, but it is uncertain how many. The city has assumed jurisdiction over the review and approval of Class IV -General Forest Practices permits. A forest practices application form must be completed if more than Becky Chapin July 16, 2014 (response September 8, 2014) Page 3 of 10 5,000 board feet of merchantable timber is harvested from the subject property. Please provide details on how many trees will be removed from the property and how many board feet. If more than 5,000 board feet of timber is harvested, the applicant must submit a Class IV -General Forest Practices permit application and the city will review the application in conjunction with the Process III MLU review. Response: The site has less than 5000 board feet. It is estimated at 2960 board feet. Baylis, GT Landscape CPTD - The city's Crime Prevention through Environ mental Design (CPTED) checklist was not submitted with the Master Land Use application .Please submit four copies of the completed checklist. In addition, the City of Federal's Way Crime Analyst and Prevention Specialist, Lindsey Tiroux, has reviewed the Process III application submittal and has the following comments that must be addressed. I do not see detailed lighting, paint, mirror, camera, etc. plans for the parking garage. We have concerns regarding security in the garage due to the close access from Pac Hwy and what appears to be stair and elevator access from that level with no security measures upon entrance (for example -parking garage gate, etc.). Response: The site and building will be fully monitored with cameras once the project is completed. The Manager's apartment is on the ground floor right next to the entries. There will be security gates and fences preventing entrance into the rear of the site. All exterior doors will be monitored and have electric entrance locks. Security will be many times that of a standard apartment. The Security vendors and costs are being interviewed and studied. The final plans and respective hardware will not be developed for some time. We will submit them for review when they are available. Baylis On page 5 of the Project Narrative, under the Building and Pedestrian Orientation section, it states there are "Significant Security Issues' with keeping the public out of the "resident and visitor only" areas. The police department agrees that there are significant security issues with keeping the public out of the interior plaza as well as the outdoor plaza courtyard. From looking at the plans it appears anyone can walk along the path at the south side of the building and into the outdoor plaza courtyard. Plans indicate a gate located at the northern side of the building but again it is not detailed how that gate would function or how access would be denied and/or gained. This stretch along Pac Hwy S is a heavily traveled road by walkers. It is a major concern that the sides and back of this building could easily be accessed by anyone walking by. Response: Concern noted. There will be security gates with electronic locks to prevent entry into the back of the site. Baylis On page 2 of the Project Narrative, at the end of paragraph I under the Site Design section, it is noted that "Access control throughout the facility will be through security controlled fences, doorways by security hardware". We would like to see a site plan for where these security controls will be placed and how they will be controlled (for example - Key cards, access codes provided to all residents, etc.) Response: The Security vendors and costs are being interviewed and studied as the plans are being reviewed by the City. The final plans and respective hardware will not be developed for some time. We will submit them for review when they are available. Baylis Due to the placement of the trash receptacle in the front of the building (easy access for a car from Pac Hwy) and the minimal lighting that is proposed, we foresee this area being used for illegal dumping Becky Chapin July 16, 2014 (response September 8, 2014) Page 4 of 10 frequently. Illegal dumping is a constant problem for complexes such as this. We would suggest moving the placement of the trash receptacle or providing more lighting and/or security. Response: The trash location is in the same place as the original submittal, but the drive entrance has been moved to the other side of the site so that it is now necessary to traverse the width of the site to reach the containers. There will also be a wide landscape strip between the trash location and the street. It will be mostly hidden from Pacific Highway. We are also adding a security gate and a light at the entrance to the trash. Baylis Community Design Guidelines -The proposed Federal Way Veterans Center is subject to the provisions of FWRC 19.115, Community Design Guidelines. Additional information is required regarding the following: Per FWRC 19.1 15.090(1) (g), for residential uses, landscaped yards shall be provided between buildings and public streets. Parking lots should be beside or behind buildings that front upon streets. As proposed, the layout does not meet this requirement as there is surface parking in the front of the building. Consider altering the layout to incorporate a landscaped yard between the buildings and street, and locating parking at the side or rear of the building. If this is not a feasible option, please provide a written response as to why this cannot be accomplished. Response: The parking lot is inside the building. There are only four cars parked on grade in front alongside the drive entrance to the building. These four vehicles will be well screened from Pacific Highway. Because of the limited width and elevation change of the site it is not feasible to move these four cars to the rear of the site. The entrance has also been revised, and both landscape strips that are between the street and the four vehicles have been increased. Baylis, GT Landscaping Parking structures and vehicle entrances should be designed to minimize views into the garage interior from surrounding streets pursuant to FWRC 119.1 15.050(3). Methods to help minimize such views may include, but are not limited to, landscaping, planters, and decorative grilles and screens. Security grilles for parking structures shall be architecturally consistent with and integrated with the overall design. Chain -link fencing is not permitted for garage security fencing. No gate is depicted; please provide details on how the parking garage will incorporate security grilles. _Response: The vehicle entrance has been revised and moved to the south side of the site. The landscape strip separating the entrance from the street and the sidewalk is now over 12' wide. It will be planted to screen the entrance to the garage. No fences or gates are proposed for the garage opening. Security will be provided by a view window from the lobby and video monitoring as discussed above. Baylis, GT Landscaping Facades that exceed 60 feet in length and are visible from residential areas or public rights -of- way (all facades meet this standard and therefore must be treated) must meet the minimum requirements of FWRC 19.115.060(2)(a-d) by incorporating a minimum of two of four of the facade treatments specified below. Options used must meet the dimensional standards as specified; except, however, if more than two are used, dimensional requirements for each option will be determined on a case -by -case basis; provided, that the gross area of a pedestrian plaza may not be less than the specified minimum of 200 square feet. All of the elevations incorporate facade modulation but a second treatment is necessary. Please submit plans, elevations and a written narrative that clearly indicate how the minimum facade treatment standards are met. Becky Chapin July 16, 2014 (response September 8, 2014) Page 5 of 10 Fagade Modulation -A minimum depth of 2 feet, minimum width of 6 feet, and maximum width of 60 feet. Alternative methods to shape a building such as angled or curved fagade elements, offset planes, wing walls, and terracing will be considered, provided that the intent of the section is met. Landscape Screening -Eight -foot -wide Type II landscape screening along the base of the facade, except Type IV may be used in place of Type I I for facades that are comprised of 50% or more window area, and around building entrances. Canopy or Arcade -As a modulation option, canopies or arcades may be used only along facades that are visible from a right-of-way. Minimum length is 50% of the length of the fagade height must be 10-foot minimum, and depth is 6-foot minimum using this option. Pedestrian Plaza -Plaza square footage is equal to 1 % of the gross floor area of the building, but it must be a minimum of 200 square feet. The plaza should be clearly visible and accessible from the adjacent right-of- way. Response: Per (FWRC) 19.115.060(2)(b), we are providing Type 11 landscape along the north side. For the east side we will provide Type I landscape. For the south side we will proceed with the buffer averaging as we stated earlier in `Landscape Modifications'. For the west side we are providing a combination of Type 11 landscape, canopies, and window openings. The landscape will be a combination of Type It, Type III, and Type IV. The window area is at 37% of the wall area, and the 6' canopies are 40% of the fagade length. While each one in itself does not meet the specific requirements of FWRC 19.115.060, we think that all three together meet the intent of the code. Baylis, GT Landscaping FWRC 19.115.060(3) and FWRC 19.125.040(22) specify that building walls that are visible from rights - of -way and other public areas should incorporate methods of articulation and accessory elements in the overall architectural design. This requirement is applied in a manner where no wall area shall be greater than 240 square feet in size and not have at least one element of articulation. The following facades have blank wall areas greater than 240 square feet without articulation treatment and would be potentially visible from public rights -of -way or other public areas: The north and south facade both contain portions of the facade where there are no windows and have large blank walls. The following are the possible elements that may be applied to articulate blank walls (some more applicable to residential development than others): Showcase, display, and/or recessed windows; Window openings with visible trim material, or painted detailing that resembles trim; (iii) Vertical trellis (es) in front of the wall with climbing vines or similar planting; Set the wall back and provide a landscaped or raised planter bed in front of the wall, with plant material that will obscure or screen the wall's surface; Artwork such as mosaics, murals, decorative masonry, or metal patterns or grillwork, sculptures, relief, etc., over a substantial portion of the blank wall surface. (The Federal Way Arts Commission may be used as an advisory body at the discretion of the planning staff); Architectural features such as setbacks, indentations, overhangs, projections, articulated cornices, bays, reveal, canopies, and awnings; Material variations such as colors, brick or metal banding, or textural changes; and Landscaped public plaza(s) with space for vendor carts, concerts, and other pedestrian activities. Response: All three of the facades in question, along with all the other facades will be articulated with visible wall delineation and accessory elements. The panel junctures will be brought out in a distinct pattern with special flashings — an element that we use in many of our projects. We are also adding a projecting band as a base for the upper story. This band will ring the entire Becky Chapin July 16, 2014 (response September 8, 2014) Page 6 of 10 building except where the red metal connects the stories. These elements are shown in the revised elevations and in anew sheet A.01la highlighting these features. Baylis School Access Analysis - A school access analysis is needed. Please provide a graphic representation, description of the walking route and provide descriptions with several photos of the existing walking route conditions. See enclosed guidelines for preparing the school access analysis and cover letter prepared by Tanya Nascimento, Federal Way Public Schools. Response: There is a direct walking route to the bus stops for all three age groups of school children. Maps, walking routes, and route photos are shown with the letter "School Access Analysis". SRI Affordable Housing- Pursuantto FWRC 19.110.010, new multifamily projects involving 25 dwelling units or more are required to provide affordable dwelling units as`part of the project. At least two dwelling units, or five percent, of the total number of proposed units, whichever is greater, shall be affordable. For the proposed 45 units, a minimum of 3 units (45 x .05 = 2.25) must be identified and maintained as affordable housing. "Rental affordable housing" means dwelling units that are offered for rent at a rate that is affordable to those individuals and families having incomes that are 50% or below the median county income. Prior to issuing a certificate of occupancy, the applicant shall prepare an agreement in a form approved by the city which must be recorded with the King County Department of Elections and Records requiring affordable dwelling units that are provided under the provisions of this section to remain as affordable housing for the life of the project. This agreement shall be a covenant running with the land, binding on the assigns, heirs, and successors of the applicant. Please prepare a draft affordable housing covenant for our consideration. Response: The Multi Service Center (MSC) Federal Way Veteran's Program will provide forty-four (44) units of affordable service enriched rental housing to veterans and their dependents. The project will provide thirty three (33) service enriched supportive housing units to former!y homeless veterans and their dependents. These thirty three (33) units will be VA(LVA4§R>Section 8 HUD rental assistance programs. The remaining non supportive housing units will be targe o formerly homeless veterans and their dependents that are eligible for genera LIHTC ental non supportive �� JI service housing. The 33 VASH Section 8 units will be via a projec4iased HAP contract. The unit mix of the project is as follows: o VA Section 8 VASH Supportive Service Units (33 total): �O1`� ��cJrn� �� on, {ax C���tS One Bedroom Units: 22 Two Bedroom Units: 8 Three Bedroom Units: 3 ■ General LIHTC Rents Units: One Bedroom Units: 11 • Manager's Unit: 1 The project will target veterans whose incomes will average 16% of the King County AMI. All of the units are permanent affordable rental housing units. MSC, SRI Development Services, Ann Dower, 253-835-2732, ann.dower@cityoffederalway. Com Plans. Indicate location of sewer connection on the plans. Response: The project will utilize two existing side sewers that are now shown on the updated plans (two 6" side sewers near driveway). The sewer connections will be located on the west end Becky Chapin July 16, 2014 (response September 8, 2014) Page 7 of 10 of the building. A note has been included for the contractor to verify location, size & depth prior to construction. DCI Indicate any utility connections that will require potholing or work within Pacific Highway S. Cutting the street will require the approval of the Streets Department and may include mitigation fees or pavement grind and overlay. Response: Comment noted, the project will require construction of a new 30' driveway on Pacific Highway South. No other intrusions into pavement are anticipated. DCI Technical Information Report. In the downstream analysis, please indicate if there are any properties upstream that will contribute runoff to this site. Response: Comment addressed, upstream analysis has been added to Section 111 of the drainage report. DCI In the drainage analysis, please provide the amount of pollution -generating impervious area and explain how the single -cartridge Metal RX filtration medium meets the treatment requirements for Enhanced Basic Water Quality, including the pretreatment requirement. If DOE has approved this method please include the GULD approval statement. Response. Per discussion and email correspondence on 0811112014 with Ann Dower, a ZPG StormFilter TM will be installed since the project falls under Core Requirement #8 Exemption #1 of the 2009 KCSWDM where -3,442 SF of new plus replaced PGIS that is not fully dispersed will be created at the surface parking lot at the west end of the project site. DCI In the drainage analysis please elaborate on the vault maintenance. Can all corners of the vault be reached by a vactor hose? Response: Yes, an email dated May e, 2014 (included in drainage report as Figure 8 of Section IV) from LaVelle Vac & Drainage, LLC confirms the detention vault at the proposed location can be cleaned and vacuumed by their maintenance vehicle parked 500 feet away. DCI Note: the detention vault will require structural review and will be included in the outside peer review required for the building. Response: Comment noted. The vault structure is shown on the Structural Plans. DCI, Baylis Traffic Division, Erik Preston, 253-835-2744, erik,oreston@cityogffederalway com Transportation impact Fees (TIF) (FW RC 19.91) Based on the submitted materials for a 45 multi -family unit mid -rise apartment and credit for an existing use, the estimated traffic impact fee is $48,033.05. Please note, this estimated fee is based on the adopted TIF fee for apartment/low rise apartment and adjusted to account for ITE land use code 230 (mid -rise apartment). The actual impact fee will be calculated based on the fee schedule in effect at the time a building permit application is filed and must be paid prior to permit issuance. Becky Chapin July 16, 2014 (response September 8, 2014) Page 8 of 10 Response: The project is not a typical apartment complex and thus should not be analyzed as such for traffic mitigation purposes. If anything the project more closely resembles a senior housing project (251) for traffic mitigation purposes. The residents at the project are typically entering into the project with little or no income and often directly off of the streets or out of emergency shelters. The residents furthermore will not typically have automobiles. Additionally only 24 parking spaces are provided due to the economic situation of the residents and the fact that they typically will not have automobiles. MSC would like to propose that the traffic mitigation fees be calculated as follows: ■ 24 parking spaces X $764 (senior housing designation (251)) _ $18,336 ■ Minus existing traffic count credit = ($10 529 Total Traffic mitigation fee applicable to the project = $7,8070 MSC and the design team believe that the above traffic mitigation scenario more accurately reflects the actual nature of the project and the resulting traffic trips and or needs of the project. MSC, SRI Street Frontage Improvements (FWRC 19.135) Recently installed street frontage improvements meet current standards so no further frontage improvements are required. Since the existing approved access/curb-cut is not utilized, the applicant is expected to improve this section to current standard. Response: The existing curb cut -cut will be improved to current standards. DO Access Management (FWRC 19.135) WAC 468-52-040 limits access on state highways to access spacing of 250 feet with only one access per parcel. Pacific Highway S is access class "I" where left access may be permitted every 330 feet and left -out access is only permitted at signalized intersections (FWRC 19.135.280). Access is limited to right -in and right -out only. Because the proposed access does not meet the 250-foot spacing requirement, joint access with neighboring properties must be pursued. The applicant must demonstrate that shared access is not feasible to build the proposed driveway. Response: The neighbor to the south has an existing building along the south property line making a shared driveway impossible. The neighbor to the north has an elevated parking lot with a 4' high concrete retaining wall right along the full length of the property line starting at the sidewalk. This elevation difference and retaining wall make it impossible to connect with the access to the north. Baylis For driveways that serve uses other than single-family residential uses and zero lot line townhouse development, the maximum driveway width is 30 feet for a two-lane two-way driveway and 40 feet for a three -lane two-way driveway (FWRC 19.135.270). Driveway widths may be increased in order to provide adequate width for vehicles that may be reasonably expected to use the driveway, as determined by the Public Works Director. The 22-foot-wide driveway currently shown in the plans is too narrow for a two-lane two-way driveway and must be widened. The driveway width should be 30 feet as shown in drawing 3-6A (enclosed). Becky Chapin July 16, 2014 (response September 8, 2014) Page 9 of 10 Response: Acknowledged, the driveway will be revised to a 30' width. DCI Note that the widened driveway face -of -curb must remain 2 feet or more from the face of any streetlight pole. Response: Acknowledged, the driveway will be revised to a 30' width. It also has been moved to the south side of the street light per interim submittal on 8128114. The clearance to the streetlight pole is now over 12'. Baylis, DCI A driveway throat length of 50 feet is preferred between the face of street curb and any intersecting drive aisles or parking. Response: With the new configuration of the drive way entering in on the south side of the site the effective vehicle stacking length is more than doubled from what it originally was. The vehicle frequency in this facility is very different than what it would be if this was an ordinary apartment building. The user group is homeless veterans, many of which have been living in their cars - if they even own one. From experience with other facilities, we estimate that only 112 of the residents will own cars and of them only 50% will use them. DCI, SRI, Baylis The applicant may make a written request to the Public Works Director to modify, defer, or waive any of the required improvements (FWRC 19.135.070). Information about right-of-way modification requests is available through the Public Works Development Services Division .These modification requests have a nominal review fee currently at $105.00. _Response: Comment noted. DCI Waste Management, Rob Van Orsow, 253-835-2770, rob.vanorsow@cityoffederalway.com The following are design considerations for Solid Waste and Recycling (SWR). Help with many design parameters related to service access is available via the City's contracted solid waste services provider, Waste Management. Contact: John Davis -Senior Route Manager at 206-786-4530 (cell). Please be aware that the solid waste and recycling (SWR) enclosure size shown would preclude the use of front -load (large dumpsters) containers, and the site will have to utilize rolling carts and/or small, wheeled steel dumpsters for service. The drawback is thal collection efficiency is reduced overall, which drives up generic costs for the rate base, as well as ongoing service costs for the occupant. Response: The driveway has been moved to the south side of the street light per interim submittal on 8128114. We have also included in that submittal, was a waste truck turning diagram. It showed a complete exit and reentry to Pacific Highway in one simple maneuver. DCI, Baylis The SWR enclosure could be continually blocked by parked cars, limiting service access. This means the potential for `return trips' which also increases service costs. Response: The driveway has been moved to the south — see answer to item #1 above. DCI, Baylis As proposed, the ingress and egress will be difficult for trucks to access the parking lot. If cars are parked in the lot, there may not be enough clearance for larger vehicles to turn around (SKF&R, garbage, delivery, etc.) This would mean having to back out into Pacific Hwy South traffic, raising safety and efficiency concerns. Becky Chapin July 16, 2014 (response September 8, 2014) Page 10 of 10 Response: The driveway has been moved to the south — see answer to item #1 above. DC1, Baylis It is also a possibility that the hauler will need to block traffic on Pacific Hwy South, stopping at the curb to empty roll carts or wheeled dumpsters. To minimize the time spent blocking the ROW, occupants may have to roll the carts to the edge of the curb or sidewalk frontage on collection day(s). Response: The driveway has been moved to the south — see answer to item #1 above. DCI, Baylis This concludes our response to your letter dated September 20, 2013. Please feel free to call me at (425) 454-0566 if you require further clarification. Sincerely, BAYLIS ARCHITECTS, C. roger Oa dale Project anager ro/sac Enclosure: WA`� Gt�-hf rr—r� 14-1v,22203-vo-lAr;;�r CITY OF Federal Way DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES RESUBMITTED 33325 8`h Avenue South Federal Way, WA 98003-6325 253-835-2607;Fax 253-835-2609 SEP 10 2014►t'LVIV,CtLVLIfleL1C1'a[wLiv.Ctlnl CITY OF FEDERAL WAY CDS Crime Prevention Through Environmental Design (CPTED) Checklist Directions Please fill out the checklist to indicate which strategies have been used to implement CPTED principles in your proposed project. Please check all strategies that are applicable to your project for each of the numbered guidelines. You may check more than one strategy for each guideline. Your responses will be evaluated by City Staff, and will be integrated into the Site Plan and/or Building Permit review process. Section and ✓ Functional Area Evaluation for Performance Performance Standard Agency Use Only Standard Strategy ■ Applicable during Site Plan Review e Applicable during Building Permit Review Section 1.0 Natural Surveillance 1.1 Blind Corners ,Conforms Avoid blind corners in pathways and parking lots. Revise _NA Comments: Pathways should be direct. All barriers along pathways should be permeable (see through) including landscaping, fencing etc. ■ Consider the installation of mirrors to allow users to see ahead of them and around corners. e Other strategy used: Courtyard has open stairwells with multiple windows for increased ❑� surveillance. 1.2 Site and Building Layout _Conforms Allow natural observation from the street to the use, from the Revise use to the street, and between uses _NA Comments: Bulletin #022 —January 1, 2011 Page 1 of 9 k:\Handouts\CPTED Checklist Section and ✓ Functional Area Performance Performance Standard Standard Strategy ■ Applicable during Site Plan Review 6 Applicable during Building Permit Review Orient the main entrance towards the street or both streets on For Non -Single corners. ■ Family Development RiPosition habitable rooms with windows at the front of the dwelling. ■ Access to dwellings or other uses above commercial/ retail development should not be from the rear of the building. ■ Offset windows, doorways and balconies to allow for natural observation while protecting privacy. ■ Locate main entrances/exits at the front of the site and in view IZI of the street. ■ For Commercial/ Retail/ Industrial If employee entrances must be separated from the main and Community ❑ entrance, they should maximize opportunities for natural Facilities surveillance from the street. ■ N/A El located industrial developments, administration/offices should be located at the front of the building. ■ N/A Avoid large expanses of parking. Where large expanses of For Surface 0 parking are proposed, provide surveillance such as security Parking and cameras. IN Parking Structures ❑ Access to elevators, stairwells and pedestrian pathways should be clearly visible from an adjacent parking area. a Q Avoid hidden recesses. ■ Locate parking areas in locations that can be observed by adjoining uses. ■ Open spaces shall be clearly designated and situated at For Common/ locations that are easily observed by people. Parks, plazas, Open Space common areas, and playgrounds should be placed in the front Areas of buildings. Shopping centers and other similar uses should face streets. ■ Other strategy used: ❑ We will inquire with the architects about adding a window next to the elevator for increased surveillance. Evaluation for Agency Use Only Bulletin #022 —January 1, 2011 Page 2 of 9 k:\Handouts\OPTED Checklist Section and ✓ Performance Standard 1.3 Functional Area Performance Standard S trategy ■ Applicable during Site Plan Review e Applicable during Building Permit Review Common/Open Space Areas and Public On -Site Open Space Provide natural surveillance for common/open space areas. Position active uses or habitable rooms with windows adjacent Q✓ to main common/open space areas, e.g. playgrounds, swimming pools, etc., and public on -site open space. s Design and locate dumpster enclosures in a manner which ❑✓ screens refuse containers but avoids providing opportunities to hide. ■ Locate waiting areas and external entries to elevators/stairwells Q close to areas of active uses to make them visible from the building entry. e 0 Locate seating in areas of active uses. e Evaluation for Agency Use Only ,Conforms Revise �NA Comments: Other strategy used: 1.4 Entrances —Conforms Provide entries that are clearly visible. Revise _NA Comments: Design entrances to allow users to see into them before entering. ■ Entrances should be clearly identified (Signs must conform to 0 FWRC 19.140.060. Exempt Signs. (Applicable during Certificate of Occupancy Ins/section j. Other strategy used: 1.5 Fencing —Conforms Fence design should maximize natural surveillance from the _Revise street to the building and from the building to the street, and _NA minimize opportunities for intruders to hide. Comments: Bulletin #022 —January 1, 2011 Page 3 of 9 k:\Handouts\CPTED Checklist Section and ✓ Functional Area Evaluation for Performance Performance Standard Agency Use Only Standard Strategy ■ Applicable during Site Plan Review e Applicable during Building Permit Review Front fences should be predominantly open in design, e.g. pickets or wrought iron, or low in height. e Design high solid front fences in a manner that incorporates El open elements to allow visibility above the height of five feet. 6 If noise insulation is required, install double -glazing at the ❑ front of the building rasher than solid fences higher than five feet. e N/A - No sound walls utilized in project. Other strategy used: 1.6 Landscaping —Conforms Avoid landscaping which obstructs natural surveillance and —Revise allows intruders to hide. _NA Comments: 0 Trees with dense low growth foliage should be spaced or their crown should be raised to avoid a continuous barrier. ■ Use low groundcover, shrubs a minimum of 24 inches in height, or high -canopied trees (clean trimmed to a height of eight feet) around children's play areas, parking areas, and along pedestrian pathways. ■ ❑ Avoid vegetation that conceals the building entrance from the street. ■ Other strategy used: El 1.7 Exterior Lighting —Conforms Provide exterior lighting that enhances natural surveillance. -_Revise (Refer to FWRC 19.115.050(7)(a) for specific lighting ,NA requirements.) Comments: Prepare a lighting plan in accordance with Illuminating Engineering Society of America (IESA) Standards, which []J addresses project lighting in a comprehensive manner. Select a lighting approach that is consistent with local conditions and crime problems. ■ Bulletin #022 -January 1, 2011 Page 4 of 9 k:\Handouts\CPTED Checklist Section and ✓ Functional Area Evaluation for Performance Performance Standard Agency Use Only Standard Strategy ■ Applicable during Site Plan Review e Applicable during Building Permit Review Locate elevated light fixtures (poles, light standards, etc.) in a coordinated manner that provides the desired coverage. The useful ground coverage of an elevated light fixture is roughly twice its height. ■ For areas intended to be used at night, ensure that lighting ❑✓ supports visibility. Where lighting is placed at a lower height to support visibility for pedestrians, ensure that it is vandal - resistant. e Ensure inset or modulated spaces on a building facade, access/egress routes, and signage is well lit. e pi In areas used by pedestrians, ensure that lighting shines on pedestrian pathways and possible entrapment spaces. e Place lighting to take into account vegetation, in its current and Q mature form, as well as any other element that may have the potential for blocking light. e Avoid lighting of areas not intended for nighttime use to avoid giving a false impression of use or safety. If danger spots are usually vacant at night, avoid lighting them and close them off to pedestrians. e 21 Select and light "safe routes" so that these become the focus of legitimate pedestrian activity after dark. ■ Avoid climbing opportunities by locating light standards and electrical equipment away from walls or low buildings. e Use photoelectric rather than time switches for exterior lighting. e In projects that will be used primarily by older people (retirement homes, congregate care facilities, senior and/ or community centers, etc.) provide higher levels of brightness in public/common areas. e N/A Other strategy used: El 1.8 Mix of Uses ,Conforms In mixed use buildings increase opportunities for natural —Revise surveillance, while protecting privacy. _NA Comments: Bulletin #022 — January 1, 2011 Page 5 of 9 k:\Handouts\CPTED Checklist Section and ✓ Functional Area Performance Performance Standard Standard Strategy 0 Applicable during Site Plan Review e Applicable during Building Permit Review Where allowed by city code, locate shops and businesses on lower floors and residences on upper floors. In this way, Jn residents can observe the businesses after hours while the residences can be observed by the businesses during business hours. ■ Include food kiosks, restaurants, etc. within parks and parking structures. ■ N/A Other strategy: used L Evaluation for Agency Use Only 1.9 Security Bars, Shutters, and Doors —Conforms When used and permitted by building and fire codes, .security Revise bars, shutters, and doors should allow observation of the street _NA and be consistent with the architectural style of the building. Comments: Security bars and security doors should be visually permeable (see -through). e N/A Other strategy used: We will have a permiable gate on the southern walking path. Section and ✓ Functional Area Evaluation for Performance Performance Standard Agency Use Only Standard Strategy I ■ Applicable during Site Plan Review e Applicable during Building Permit Review Section 2.0 Access Control 2.1 Building Identification ,Conforms Ensure buildings are clearly identified by street number to ,Revise prevent unintended access and to assist persons trying to find _NA the building. Identification signs must conform to FWRC Comments: 19.140.060. Exempt Signs. Street numbers should be plainly visible and legible from the street or road fronting the property. e Bulletin #022 — January 1, 2011 Page 6 of 9 k:\Handouts\CPTED Checklist Section and ✓ Functional Area Performance Performance Standard Standard Strategy ■ Applicable during Site Plan Review 6 Applicable during Building Permit Review In residential uses, each individual unit should be clearly numbered. In multiple building complexes, each building entry ❑✓ should clearly state the unit numbers accessed from than entry. In addition, unit numbers should be provided on each level or floor. e vi Street numbers should be made of durable materials, preferably reflective or luminous, and unobstructed (e.g. by foliage). e For larger projects, provide location maps (fixed plaque ❑✓ format) and directional signage at public entry points and along internal public routes of travel. e Evaluation for Agency Use Only Other strategy used: 2.2 Entrances —Conforms Avoid confusion in locating building entrances. ,Revise _NA Comments: Entrances should be easily recognizable through design ❑✓ features and directional signage. (Signs must conform to FWRC 19.140.060. Exempt Signs. ■ ❑✓ Minimize the number of entry points. ■ Other strategy used: 2.3 Landscaping _Conforms Use vegetation as barriers to deter unauthorized access. _Revise _NA Comments: Consider using thorny plants as an effective barrier. e Other strategy used: Vision perrNtAs fencing wlll be used to deter ❑� unauthorized access and provides for natural surveillance due to it's open design 2.4 Landscaping Location —Conforms Avoid placement of vegetation that would enable access to a —Revise building or to neighboring buildings. _NA Comments: Bulletin #022 — January 1, 2011 Page 7 of 9 k:\Handouts\CPTED Checklist Section and ✓ Functional Area Evaluation for Performance Performance Standard Agency Use Only Standard Strategy ■ Applicable during Site Plan Review e Applicable during Building Permit Review Avoid placement of large trees, garages, utility structures, ❑✓ fences, and gutters next to second story windows or balconies that could provide a means of access. ■ Other strategy used. 2.5 Security —Conforms Reduce opportunities for unauthorized access _Revise _NA Comments: Consider the use of security hardware and/or human measures ❑✓ to reduce opportunities for unauthorized access. (Applicable during Certificate of 0ccupartcy Inspection}. Other strategy used: 0 2.6 Signage _.Conforms Insure that signage is clearly visible, easy to read and simple to _.Revise understand [Signs must conform to FWRC 19.140.060. Exempt _NA Signs]. Comments: Use strong colors, standard symbols, and simple graphics for informational signs. e Upon entering the parking area, provide both pedestrians and For Surface drivers with a clear understanding of the direction to stairs, Parking and elevators, and exits. e Parking Structures ❑ In multi -level parking areas, use creative signage to distinguish between floors to enable users to easily locate their cars. e N/A ❑Advise users of security measures that are in place and where to find them, i.e. security phone or intercom system. e N/A Provide signage in the parking area advising users to lock their cars. e Bulletin #022 — January 1, 2011 Page 8 of 9 k:\Handouts\CPTED Checklist Section and ✓ Functional Area Evaluation for Performance Performance Standard Agency Use Only Standard Strategy ■ Applicable during Site Plan Review e Applicable during Building Permit Review IZI Where exits are closed after hours, ensure this information is indicated at the parking area entrance. e Other strategy used: Part of the access control system into building will also be utilized in the garage access to the building. Section 3.0 Ownership 3.1 Maintenance ,Conforms Create a "cared for" image —Revise _NA Comments: Ensure that landscaping is well maintained, as per FWRC ❑✓ 19.125.090, in order to give an impression of ownership, care, and security. (Ongoing). Where possible, design multi -unit residential uses such that no ❑ more than six to eight units share a common building entrance. IN Other strategy used: supportive service facility with secured Maccess for all units through secured entrances. 3.2 Materials —Conforms Use materials, which reduce the opportunityfor vandalism. Revise ,_,NA Comments: Consider using strong, wear resistant laminate, impervious glazed ceramics, treated masonry products, stainless steel 0 materials, anti -graffiti paints, and clear over sprays to reduce opportunities for vandalism. Avoid flat or porous finishes in areas where graffiti is likely to be a problem. e Where large walls are unavoidable, refer to FWRC 19.125.040(21) regarding the use of vegetative screens. O N/A Common area and/or street furniture shall be made of long ❑✓ wearing vandal resistant materials and secured by sturdy anchor points, or removed after hours. e Other strategy used: we will use long life bulbs to minize frequently burned out exterior lighting while utilizing sensored lighting fixtures. Please note that no wall is longer than 25' without a window. Bulletin #022 —January 1, 2011 Page 9 of 9 k:\Handouts\CPTED Checklist CITY OF Federal Way DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT 33325 8th Avenue South Federal Way WA 98003 253-835-7000; Fax 253-835-2609 www.citvoffederalway.com DECLARATION OF DISTRIBUTION I, . 2��• _ hereby declare, under penalty of perjury of the laws of the State of Washington, that a: ❑ Notice of Land Use Application/Action ❑ Notice of Determination of Significance (DS) and Scoping Notice ❑ Notice of Environmental Determination of Nonsignificance (SEPA, DNS) ❑ Notice of Mitigated Environmental Determination of Nonsignificance (SEPA, MDNS) Notice of Land Use Application & Optional DNS/MDNS ❑ FWRC Interpretation ❑ Other ❑ Land Use Decision Letter ❑ Notice of Public Hearing before the Hearing Examiner ❑ Notice of Planning Commission Public Hearing ❑ Notice of LUTC/CC Public Hearing ❑ Notice of Application for Shoreline Management Permit ❑ Shoreline Management Permit ❑ Adoption of Existing Environmental Document was ❑ mailed ❑ faxed �(e-mailed and/or ❑ posted to or at each of the attached addresses on 2014. Project Name j File Number(s) la Signature G.._,__ � Date K:\CD Administration Files\Declaration of Distribution.doc/Last printed 1 /22/2014 2:40:00 PM Tamara Fix From: Jennifer Anderson <jnderson@fedwaymirror.com> Sent: Wednesday, June 04, 2014 4:08 PM To: Tamara Fix Subject: Re: Legal Notice Got it, thanks! Jennifer Anderson Advertising Sales Consultant Office: 253-925-5565, Ext 3056 Internal: 02-3056 Fax: 253-925-5750 31919 1st Ave S, Ste 101, Federal Way, WA 98003 2- Sound Publishing, Inc. Map Print Rates Online Rates Media Kit Sound Info On Wed, Jun 4, 2014 at 3:06 PM, Tamara Fix CTamara.Fix(a),cityofFederalway.com> wrote: Please publish the following legal notice (FW Veteran's Ctr NOA & Opt DNS, 14-102203) in Friday's (June 6, 2014) issue. Please confirm and issue an affidavit of publication. Thanks! 0TV 6F V Federal Way NOTICE OF MASTER LAND USE APPLICATION AND OPTIONAL DETERMINATION OF NONSIGNIFICANCE (DNS) Project Name: Federal Way Veteran's Center 1 Project Description: Construction of a 45-unit 5-story multifamily apartment complex, with partial underground parking, specifically designed for Veterans and Veteran Families. The existing vacant buildings will be demolished and replaced by a 52,000 square -foot building with temporary and permanent apartment units, enrichment service centers, communal spaces, and children's play areas. Additional improvements include 4 surface parking stalls, underground stormwater detention tank, residential open space, children's play area, and associated landscaping. Applicant: Roger Oakdale, Baylis Architects, 10801 Main Street, Bellevue, WA 98004 Project Location: 29404 Pacific Hwy South, Federal Way, WA 98003. APN 304020-0081 & 304020-0079 Date Application Received: May 13, 2014 Date Determined Complete: May 29, 2014 Date of Notice of Application: June 6, 2014 Comment Due Date: June 23, 2014 Environmental Review: Based upon review of a completed environmental checklist and other information on file with the City, it is likely that the City of Federal Way will determine that the project will not have a probable significant adverse impact on the environment and expects to issue a Determination of Nonsignificance (DNS) for this project. The optional DNS process in WAC 197- 11-355 is being used. This may be your only opportunity to comment on the environmental impacts of the proposed project. The proposal may include mitigation measures under applicable codes, and the review process may incorporate or require mitigation measures regardless of whether an environmental impact statement (EIS) is prepared. A copy of the subsequent threshold determination for the specific proposal may be obtained upon request. Agencies, tribes, and the public are encouraged to review and comment on the proposed project and its probable environmental impacts. Comments must be submitted by the date noted above. Permits/Files Under Review: Use Process III (File #14-102203-UP), Concurrency (File #14-102206-CN), and State Environmental Policy Act Threshold Determination (File #14-102205-SE) Environmental Documents & Required Studies: Environmental Checklist and Preliminary Technical Information Report. Development Regulations Used for Project Mitigation: Federal Way Revised Code Title 14, `Environmental Policy;' Title 16 `Surface Water Management;' and Title 19 `Zoning and Development Code.' Public Comment & Appeals: Any person may submit written comments regarding the land use application or the environmental impacts of the proposal to the Director of Community Development by 5:00 p.m. on June 23, 2014. Only persons who submit written N. " comments to the Director (address below) .,, specifically request a copy of the decision, may appeal the decision. However, any interested party may appeal the environmental threshold determination. Issuance of Final Environmental Determination: The final DNS may be issued without a second comment period, unless timely comments identify probable significant adverse impacts that were not considered by the Notice of Optional DNS. A copy of the DNS may be obtained upon request. Availability of File: The official project file, existing environmental documents and required studies are available for public review at the Department of Community Development, 33325 8t' Avenue South, Federal Way, WA 98003. Staff Contact: Becky Chapin — Associate Planner, 253-835-2641 CIT Federal WaJ19.1 DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT 33325 8th Avenue South Federal Way WA 98003 253-835-7000; Fax 253-835-2609 www.citvoffederalway.com DECLARATION OF DISTRIBUTION hereby declare, under penalty of perjury of the laws of the State of Washington, that a: ❑ Notice of Land Use Application/Action ❑ Notice of Determination of Significarce (DS) and Scoping Notice ❑ Notice of Environmental Determination of Nonsignificance (SEPA, DNS) . ❑ Notice of Mitigated Environmental Determination of Nonsignificance (SEPA, MDNS) tg Notice of Land Use Application & Optional DNS/MDNS ❑ FWRC Interpretation ❑ Other was )j mailed ❑ faxed 2014. ❑ Land Use Decision Letter ❑ Notice of Public Hearing before the Hearing Examiner ❑ Notice of Planning Commission Public Hearing ❑ Notice of LUTC/CC Public Hearing ❑ Notice of Application for Shoreline Management Permit ❑ Shoreline Management Permit ❑ Adoption of Existing Environmental Document )fie -mailed and/or ❑ posted to or at each of the attached addresses on S, Project Name File Number(s) J y- !o :) Signature a Date . -�� _) y K.\CD Administration Files\Declaration of Distribution.doc/Last printed 1 /22/2014 2:40:00 PM MSC Veterans Project Process III - Notice Retluirements Ir ProPerl iG ':':i }yin _100 :`eet of tine b:: undary of :•Ui)ji-cz F)[Oper;y Envelope # Parcel Number Recipient Name Recipient Address 1 3040200080 Nguyen Hat Van and Tien Thi Bui 2933718th ave S 98003 2 3040200075 Gary and Jody Gordon 29325 18th ave S 98003 3 3040200074 Aleksandra Cuprys 29317 18th ave S 98003 4 3040200065 Puget Sound Energy 29205 18th ave S 98003 5 3040200106 Victoria Myles 2930618th Ave S 98003 6 3040200113 Invitation Homes 2931818th Ave S 98003 7 3040200112 Adam Gaunt 2931618th Ave S 98003 8 3040200111 Terri Blanchard 2932618th Ave S 98003 9 3040200110 Pablo Castilla 2932418th Ave S 98003 10 3040200120 Daniel Murray 29338 18th Ave S 98003 11 3040200122 Michael Rother 2933618th Ave S 98003 12 3040200125 Margaret Mooney 2935018th Ave S 98003 13 6720500050 Jaime Soto -Rodriguez 2941618th Ave S 98003 14 6720500040 Crescenciano and Nicho Bautista 29422 18th Ave S 98003 15 6720500030 Eric and Annette Elsey 29428 18th Ave S 98003 16 3040200095 John Little 29431 18th Ave S 98003 17 3040200092 Walter Tondu 29411 18th Ave S 98003 18 3040200091 Johnnie McCane 29407 18th Ave S 98003 19 3040200086 Kim Jung E 29351 18th Ave S 98003 20 253050000 Aquarius Condominium 29418 Pacific Hwy S 98003 21 3040200088 Tuan and Lan Nguyen 29426 Pacific Hwy S 98003 22 3040200093 David Rhodes 29500 Pacific Hwy S 98003 23 3040200025 Pathfinder Redondo View 29431 Pacific Hwy S 98003 24 3040200025 Lynn Dich 29314 Pacific Hwy S 98003 (All information was found on the King County Website per County records. 0510912014) ProcesslllNoticeList MSCVets.xlsx 0521049045 WC King County J9306 � 93'13 '3040200106 I -A 1,A 3040200005 119312 13 1000. 118( 3040200113 13100VON-31) (n 304021ROV74 3 ONI)9230'(11 ir 30443".) bo 13 10, A uVI'z'O 29 0 C14 Ik29324 30 4 200 11 ppo J29326 30402iVR5 304020011-1 13 10 4z'170 1310OMPOO �23 13100000A 4622400 Sb 3040200079 9337 304022IM-22 3040 2 6, 1310004 13 1 00bi) W "z' 3040a�kgc9l 3 0 4 0 2 4: �742115 4.19424 13 10 06MO 131000aQtt 94- 419347 0253050000 C) LO 30402093 0 -IL) 25 30402MPA 3040200055 3040280086 10 9421 629426 29 '2 93 2.5 C V314020(1 304030-t,�,'ll 10260005 6 72 0 54'"A N U) -304036MU2 > L.?,- Oil 114 0 6 72 ON't-MIO 3040200093 3040200170 -00030 -k' *P'5 672Ck 29434 -,k94-33 0521049023 > 3040200171 3040200055 6720500020 6720500090 L The information included on this map has been compiled by King County staff from a variety of sources and is subject to change without notice. King County makes no representations or warranties, express or implied, as to accuracy, completeness, timeliness, or rights to the use of such information. This document is Date: 5/212014 1 in 129 feet N not intended for use as a survey product. King County shall not be liable for any general, special, indirect, incidental, or consequential damages including, 0 015 03ft LQ King County but not limited to, lost revenues or lost profits resulting from the use or misuse of the information contained on this map. Any sale of this map or information on "I QGIS CENTER this map is prohibited except by written permission of King County. _ii:k CITY OF Federal Way NOTICE OF MASTER LAND USE APPLICATION AND OPTIONAL DETERMINATION OF NONSIGNIFICANCE (DNS) Project Name: Federal Way Veteran's Center Project Description: Construction of a 45-unit 5-story multifamily apartment complex, with partial underground parking, specifically designed for Veterans and Veteran Families. The existing vacant buildings will be demolished and replaced by a 52,000 square -foot building with temporary and permanent apartment units, enrichment service centers, communal spaces, and children's play areas. Additional improvements include 4 surface parking stalls, underground stormwater detention tank, residential open space, children's play area, and associated landscaping. Applicant: Roger Oakdale, Baylis Architects, 10801 Main Street, Bellevue, WA 98004 Project Location: 29404 Pacific Hwy South, Federal Way, WA 98003. APN 304020-0081 & 304020-0079 Date Application Received: May 13, 2014 Date Determined Complete: May 29, 2014 Date of Notice of Application: June 6, 2014 Comment Due Date: June 23, 2014 7 J � Environmental Review: Based upon review of a completed environmental checklist and other information on file with the City, it is likely that the City of Federal Way will determine that the project will not have a probable significant adverse impact on the environment and expects to issue a Determination of Nonsignificance (DNS) for this project. The optional DNS process in WAC 197-11-355 is being used. This may be your only opportunity to comment on the environmental impacts of the proposed project. The proposal may include mitigation measures under applicable codes, and the review process may incorporate or require mitigation measures regardless of whether an environmental impact statement (EIS) is prepared. A copy of the subsequent threshold determination for the specific proposal may be obtained upon request. Agencies, tribes, and the public are encouraged to review and comment on the proposed project and its probable environmental impacts. Comments must be submitted by the date noted above. Permits/Files Under Review: Use Process III (File #14-102203-UP), Concurrency (File #14-102206-CN), and State Environmental Policy Act Threshold Determination (File #14-102205-SE) Environmental Documents & Required Studies: Environmental Checklist and Preliminary Technical Information Report. Development Regulations Used for Project Mitigation: Federal Way Revised Code Title 14, `Environmental Policy;' Title 16 `Surface Water Management;' and Title 19 `Zoning and Development Code.' Public Comment & Appeals: Any person may submit written comments regarding the land use application or the environmental impacts of the proposal to the Director of Community Development by 5:00 p.m. on June 23, 2014. Only persons who submit written comments to the Director (address below) or specifically request a copy of the decision, may appeal the decision. However, any interested party may appeal the environmental threshold determination. Issuance of Final Environmental Determination: The final DNS may be issued without a second comment period, unless timely comments identify probablesignificant adverse impacts that were not considered by the Notice of Optional DNS. A copy of the DNS may be obtained upon request. Availability of File: The official project file, existing environmental documents and required studies are available for public review at the Department of Community Development, 33325 8 h Avenue South, Federal Way, WA 98003. Staff Contact: Becky Chapin — Associate Planner, 253-835-2641 Published in the Federal Way Mirror on June 6, 2014. Doc. I.D. 65679 IJlrll Vl.l L1\A.7 llll\.l All11V �.Ll �.vl.L vll\+�.1�11�7 �. �.V �.11v 1'V11V tl ill A�V11 �.1VJ DEPT OF ECOLOGY ENVIRONMENTAL REVIEW SEC PO BOX 47703 OLYMPIA WA 98504-7703 sepaunit@ecy.wa.gov BRIAN ASBURY LAKEHAVEN UTILITY DIST PO BOX 4249 FEDERAL WAY WA 98063 basbury@lakehaven.org LAURA MURPHY TRIBAL ARCHAEOLOGIST MUCKLESHOOT INDIAN TRIBE 39015 172ND AVE SE AUBURN WA 98092 laura.mL,rphy@muckleshoot.nsn.us LAND US SVC KCDDES 35030 SE DOUGLAS ST, #210 / SNOQUALMIE, WA 98065 LORI KITTREDGE METRO TRANSIT KSC-TR-0413 201 S JACKSON ST SEATTLE WA 98104-3856 ATTN SEPA REVIEW PUGET SOUND CLEAN AIR AGENCY 1904 3RD AVE STE 105 SEATTLE WA 98101-3317 sepa@pscleanair.org claudewCa Dscleanair.ora SOUTH KING FIRE & RESCUE 31617 1ST AVE S FEDERAL WAY WA 98003 chris.ingham@southkingfire.org gordon.goodsell@southkingfire.org RAMON PAZOOKI WSDOT SOUTH KING COUNTY PO BOX 330310 SEATTLE WA 98133-9710 ramin.pazooki@wsdot.wa.gov PIERCE CO PLNG & LAND SVCS 2401 S 35T" ST TACOMA WA 98409-7460 PcpaIs@co. pierce.wa. us KENT CITY HALL f PLANNING DEPT 220 4T" AVE S J TANYA NASCIMENTO FW PUBLIC SCHOOLS 31405 18T" AVE S FEDERAL WAY WA 98003 tnascime@fwps.org BRANDON REYNON PUYALLUP TRIBE OF INDIANS HISTORIC PRESERVATION DEPT 3009 E PORTLAND AVE TACOMA WA 98404 b randon. reynon @puya I I u ptri be. com CITY OF DES MOINES ATTN: Planning Dept 21630 11T" AVE S DES MOINES WA 98198 MONICA ADAMS PIERCE TRANSIT PO BOX 99070 LAKEWOOD WA 98499-0070 madams@piercetransit.org D. Tamara Fix From: Tamara Fix Sent: Thursday, June 05, 2014 8:05 AM To: 'sepaunit@ecy.wa.gov'; 'sepa@pscleanair.org'; claudew@pscleanair.org; tnascime@fwps.org; 'basbury@lakehaven.org'; Chris Ingham; Gordon Goodsell; 'brandon.reynon@puyalluptribe.com';'laura.murphy@muckleshoot.nsn.us'; 'ramin.pazooki@wsdot.wa.gov'; 'pcpals@co.pierce.wa.us'; madams@piercetransit.org Cc: Becky Chapin Subject: Federal Way Veteran's Center Attachments: 20140604150527.pdf Attached is an NOA & Opt DNS, along with an annotated Environmental Checklist, for the above -mentioned project. Please contact Associate Planner Becky Chapin at 253-835-2641 or beckv.chapin@citvoffederalway.com for questions. Tamara Fix From: Tamara Fix Sent: Thursday, June 05, 2014 8:06 AM To: Becky Chapin Subject: FW: Federal Way Veteran's Center This email came back. -----Original Message ----- From: Microsoft Outlook Sent: Thursday, June 05, 2014 8:06 AM To: Tamara Fix Subject: Undeliverable: Federal Way Veteran's Center CROWI.CO.PIERCE.WA.US rejected your message to the following e-mail addresses: Ipcpals@co.pie rce.wa.us' (pcpais@co.pierce.wa.us) <mailto:pcpals@co.pierce.wa.us> CROWI.CO.PIERCE.WA.US gave this error: <pcpals@co.pierce.wa.us>... Command rejected Your message wasn't delivered due to a permission or security issue. It may have been rejected by a moderator, the address may only accept e-mail from certain senders, or another restriction may be preventing delivery. Diagnostic information for administrators: Generating server: CFWEXCH2.cfw.local pcpaIs@co.pierce.wa.us CROWI.CO.PIERCE.WA.US #550 5.7.1 <pcpals@co.pierce.wa.us>... Command rejected ## Original message headers: Received: from CFWEXCH1.cfw.local ([::1]) by cfwexch2.cfw.local ([::1]) with mapi id 14.03.0169.001; Thu, 5 Jun 2014 08:05:28 -0700 From: Tamara Fix <Tamara.Fix@cityoffederaiway.com> To: "'sepaunit@ecy.wa.gov"' <sepaunit@ecy.wa.gov>, "'sepa@pscleanair.org"' <sepa@Pscleanair.or >, "claudew@pscleanair.or" <claudew@pscleanair.or >, "tnascime@fwps.orR" <tnascime@fwps_or >, "'basbury@lakehaven.org"' <basburv@lakehaven.org>, Chris Ingham<chris.ingham@southkinpfire.org>, Gordon Goodsell<gordon.goodsell@southkingfire.org>, "'brandon.reynon@puyalluptribe.com"' <branslon.reynon@puyalluptribe.com>, "'laura.murphy@muckleshoot.nsn.us"'<laura.murphy@muckleshoot.nsn.us>, III ramin. pazooki@wsdot.wa.gov"' <ramin.pazooki@wsdot.wa.gov>, "'pcpals@co.pierce.wa.us"' <pcpals@co.pierce.wa.us>, "madams@piercetransit.org" <madams@pi_ercetransit.org> CC: Becky Chapin <Becky.Chapin@citvoffederalway.com> Subject: Federal Way Veteran's Center Thread -Topic: Federal Way Veteran's Center Thread -Index: Ac+Aznxnj6RJnwEeQ0OgDaCl/bdLfg== Date: Thu, 5 Jun 201415:05:28 +0000 Message-ID:<4A85D6B537646847BOD431E03B8BB76605C16DED cfwexchl.cfw.local> Accept -Language: en -US Content -Language: en -US X-MS-Has-Attach: yes X-MS-TNEF-Correlator: x-originating-ip: [10.6.22.25] Content -Type: multipart/mixed; boundary="_004_4A85D6B537646847BOD43lE03B8BB76605Cl6DEDcfwexchlcfwloca " MIME -Version: 1.0 z ARCHITECTS boyl i PROJECT NARRATIVE Federal Way Veterans Center Program principals Brian Brand, AIA Kevin J. Cleary, AIA Meredith Everist, AIA Thomas Frye, Jr., AIA Richard Wagner, FAIA RECEIVED MAY 13 2014 CITY OF FEDERAL WAY CDS The single -most, driven goal of the Federal Way Veteran Center (FWVC) is to serve our war veterans with honor and dignity and successfully reinstate their civilian lives. Today, about a third of homeless population in America is war veterans. The number will continue to expand over time if there are no active measures taken to help the veteran community in regaining social and financial place in society. Most of the war veterans suffer from debilitating war injuries and long lasting mental trauma requiring timely physical and psychological therapy to manage pain. Their disability and insufficient current job skills lead to unemployment and as a consequence, homelessness. Providing means and methods of acquiring appropriate knowledge base to compete in the job market will assist them in being gainfully employed. The program identifies these underlying, factual complexities and is committed to provide solutions that will work. Simply providing a place to live will not necessarily address the issues in their entirety and hence providing accessible, supporting services is integral to the program requirements. The Multi Service Center's Federal Way Veterans Center is committed to provide housing and support services to both, homeless veterans and homeless veterans with children. The program comprises of 45 dwelling units in 52,000 GSF of temporary and permanent accommodation; along with enrichment services like counseling offices for job search and training, medical therapies, and communal spaces to promote group activities and computer labs. The target residents will be the traditional single, mostly male, Veterans, as well as Veterans with dependents that are typically single women with their children. The design intent of the exterior architectural character is inspired by human "thankfulness" and celebration". The rooflines, which will be visible from far away while the neighborhood continues to mature, will capture these emotions by using the sloped "outstretched" brow configuration, anchored by the masonry at the base. The main entry tower will have the community service rooms for the veterans all the way up, capped with a very large sloped roof. The metal fabrications holding this roof are intended to be reminiscent of military equipment. The veterans and visitors will be led to the main entry by a direct path paved in special paving patterns and edged with landscaping, a simple way to welcome them home. (425) 454 0566 10801 Main Street, #110 1 Bellevue, WA 98004 I 1904 Third Avenue, #330 1 Seattle, WA 98101 BaylisArchitects.com Federal Way Veterans Center Project Narrative Page 2 of 10 Most of us recognize and respect the commitment of our veterans, but very few actually step forward to do something tangible and meaningful. The Multi Service Center of Federal Way is set on taking that step to building a healthier and stronger veteran community. Site Design The building is oriented facing south, south east, and west. The upper floors will enjoy great views of Mount Rainier to the south, and Puget Sound views to the west. Pedestrian areas and outdoor plazas are located on the south side of the building to take advantage of the sun. The main plaza opens directly to the shared interior building areas. The project is oriented around this large sheltered interior plaza. This protected area will be where the veterans will have communal time with barbeques and other common activities in nice weather. A separate children's play area will be located on the east side in an enclosed protected area. It is located directly off the children's play room. Strategic location of the interior plazas minimizes visual access from the highway into the project site. Access control throughout the facility will be through security controlled fences, doorways by security hardware. The five story of the structure faces the street frontage of Highway 99 on the west and four stories facing the eastern residential neighborhood. The building will be wood framed over a concrete parking slab and will be finished in a composition of ground faced CMU, metal, glass and cementitious siding. Natural colors will be used through -out and some minor uses of accent colors will be incorporated. The selected colors will be integral to most of the building materials. Both the landscape and the building will be professionally maintained and manned on a continual basis. There is a very small 4 car/van surface parking area at the front of the site. The remainder of the cars are tucked neatly under the building. Vehicle entry will be straight off Highway 99 and into the garage. Parking and vehicle circulation areas shall be clearly delineated using directional signage. The project will relocate the existing Highway 99 curb -cut location. It will just be moved a few feet to the south away from the property edge where it is located now. The adjacent property curb -cuts are too far to be shared by this project. A low freestanding building sign, and other forms of landscape seating, will be integral and consistent with the site design. The parking garage will be entered straight off the Highway 99 access. It disappears almost immediately into the grade rise of the site. The garage will be completely enclosed within the building. The only view of this garage, from the exterior, will be the actual opening on the west side, and a'/z height wall on the north side that will be shielded by landscape planting. Bicycle racks will be provided at the main entrance. Pedestrian pathways and pedestrian areas will be marked by special paving and separated from vehicle Federal Way Veterans Center Project Narrative Page 3 of 10 traffic as much as possible. The building entrance from the sidewalk along Highway 99 will cross behind two parked stalls but that is extent of the vehicle conflicts. The adjacent properties are intensely industrial/retail so there will be no connection directly to them. The site has an underground storm water detention tank located under the interior plaza and concealed by surrounding landscaping. Other site utilities like the electrical panels are housed in the electrical room accessed from the parking garage. Exterior lighting will be integrated into the building forms. It will be screened as appropriate from the adjacent properties. Building Design Consistent with Baylis's award winning projects, that respond to the context and are designed with consistency of architectural elements, materials, and colors on all sides of our buildings, the Federal Way Veterans Center is no exception. Even though our site is relatively flat, we have utilized the slight rise in grade, from west to east, to bury the parking garage and other service facilities. The entrance, the entrance lobby, the garage entrance, the managers unit and one residential unit have been located at the street frontage on the lowest elevation. Then as the site transitions to the higher grades all of the people spaces are located on the next level above. Underneath these people spaces are the garage, utility spaces, and storage. As a result, when you are living in your unit or entering one of the common outdoor areas, it will be directly off the upper grade and seem very natural. The lower units and outdoor areas are tied to the ground with no large drop offs. In this way we bring the natural environment right up to your `door' so to speak and we preserve the human scale so necessary with this "special" needs user group. The proposed building is situated on the site so as not to interfere with any neighbors that might have view corridors. The immediate house on the adjacent property to the east looks at a pile of junk presently placed there by one of the vacated properties that will be removed with this development. The townhouse project to the northeast presumably has a view corridor to Mount Rainier. This project is to the west of that view corridor. The proposed structure will be clad in visually appealing yet durable products like the ground face CMU, metal siding, cementitious panels and transparency through glazing. The materials are applied with conscious thought to the area of application or the use surrounding that space so as to enhance the key aspects of the project. CMU at the lower floor provides ease of maintenance and makes the base of the Federal Way Veterans Center Project Narrative Page 4 of 10 building appear substantial. Other materials used for textural interest include prefinished metal siding and cementitious panels. The ground face CMU colors are congruent with the neighborhood block along the street. The prefinishing on the metal siding will be a Kynar 500 coating with a minimum lifespan of well beyond 30 years maintained with no more than a simple washing. The building is viewed in its entirety with all four facades having significant modulation. The longest facade segment is only 26 feet in length. The few longer segments are designed to give some visual relief to the highly articulated segments in between. The different materials wrap around the massing modulation to making it meaningful and deliberate. The varied roof lines and parapets add another element of interest. The front fagade of the Federal Way Veterans Center is designed with all of the architectural elements that generate good design. The longest element without articulation is only 23' and this element, faced in the `strong' red metal is cantilevered at the base and capped with a large projecting sloped `eyebrow' roof overhead. The buildings base is articulated by a `ground face' CMU with s slight red cast. This stone base gives the building a stable base reminiscent of classical form. The upper floor is then expressed with a similar but darker color to the main wall color. Capped at the top of the fagade are three very large sloped `eyebrow' roofs the largest of which is in the center of the fagade. The front entry is expressed between two columns that rise up three and one-half stories. Supported on these columns are four massive steel support columns that extend up to support the center 'eyebrow' roof which overhangs the center wall by eight feet. Also between these masonry columns and then between steel columns is a storefront window glass system extends right up to the eyebrow roof. Directly over these entrance doors is another canopy designed to shield the doors from the southwest exposure. All of the other facades are treated in a similar pallet with the exception of the special expression for the main entrance. The remaining residential windows are expressed in white, intended to give strong definition to the red metal walls and the brown/grey tone walls. Each fagade is capped with significant sections of the `eyebrow' roof extensions. Unlike other buildings, we have not reduced the character of the less -seen elevations. Each side is treated as though it was the main fagade. The one blank wall that encloses the north side of the parking garage is actually only partly exposed for about one-half of its length. And this exposure only averages about 6 feet in height. It will be thoroughly planted with screening landscape even though on the other side of the property line there is an industrial truck yard completely paved with no landscaping. We believe that we have both met the intension of the FWVC and exceeded it with this building design, with the articulation, the choice of materials, the colors, and the roof scapes. Even though the residents Federal Way Veterans Center Project Narrative Page 5 of 10 will be from a `special needs' population, mostly unaccustomed to better living quarters, this building is in every way equal to our other apartment buildings that compete in the for -profit market. We have not taken the design `shortcuts' that might otherwise be provided for this use group. The east and northeast corners face residential properties. Both of these sides have significant open spaces, one of which is representative of a Japanese stone garden. They will be heavily landscaped. Some very large existing trees will remain - one of them is a 30" cedar. The new landscaping will be a definite improvement over the current pile of junk heaped against the fence. The landscape provided along SR 99 consists of two higher mounds and higher plants at the north corner and the south corner. Then between these two corners the landscaping reduces in height to allow a connection from the street to the front fagade. The lower screening will also partially screen the four vehicles that are parked infront in the only exterior parking area. One hundred percent of the landscape provided will be drought tolerant with the exception of the lawn area in the children's play area. This lawn area does extend 109 SF into the required 15 foot Type I landscape area adjoining the residential properties on the east side of the site, but a compensatory 307 SF Type I landscape area has been provided in addition to the minimum 15 foot strip to offset this lawn area. Building and Pedestrian Orientation The Federal Way Veterans Center is oriented straight off Highway 99. The main entrance and lobby are less than 50' from the public sidewalk along the highway, and the lobby is right behind the front doors. The large interior plaza that is in the center of the building is only meant for the residents and their visitors. There is a significant security issue that prevents this plaza from being open to the public. All services that this facility will provide are strictly for the residents. There will be no reason for the public to use these services. District Guidelines We have also followed the guidelines as they apply to our zoning district - Community Business (BC). The surface parking has been limited to just 4 vehicles at the front of the building. The remaining 23 stalls are completely enclosed inside the parking garage. They will not be visible from the exterior. The main entrance is located on the west side of the building. It directly faces the main highway. As we stated earlier this entry is located between two columns under four steel support columns that extending up to the large overhanging roof. Between these masonry and steel columns is a transparent window glass system that also extends up to the roof. This entrance is articulated with masonry, steel, glass, and two Federal Way Veterans Center Project Narrative Page 6 of 10 roof/canopies. One roof is located at the very top, and the second canopy is located directly over the entrance doors. As this entry is only for the residents and their visitors, there is no requirement to see retail items behind the glass. The glass is, however, clear glass and is located behind services that we expect will keep the blinds open and transparent most of the time. Behind this center glass strip are offices, a lounge, and an exercise room at the very top. It is expected that these windows will remain unblocked except in direct summer sun. The top rooms should have views of Puget Sound. They are also the rooms that will be air conditioned. There will be no chain link fences at the front of the property. The submitted Landscape plan shows a 6 foot `sight obscuring fence along the rear property line and around both the north and south sides up to the west where it can connect to the building. This fence is required for the security of the children's play area. Our desire would be to make this a vinyl coated chain link fence without the site blocking insert strips at least where it faces neighboring landscaping. We would expect that this could be negotiated with the neighbors. On the south side, where the fence faces the neighboring junk yard and retail parking lot we would like to add the site blocking insert strips. There will be a 10 foot wide pedestrian sidewalk that connects the front door with the street sidewalk. It will have a special paving pattern to separate it from the rest of the front paving. There will be landscaping between the two small parking areas and the public sidewalk and significant planted areas on both the north and south corners of the front yard. There will also be a planting area at the front door. Site lighting in the front of the building will be very minimal. Almost in the center of our frontage there is a large SR 99 street light that would dominate almost anything that we would place in the exterior landscaping. We have only added feature lighting placed directly on the building fagade. There will be two fixtures placed on either side of the entry doors. There will also be directional down lights in the overhanging roof. These are only intended to pick out the storefront glass, the pipe, and the masonry support columns for the expressed entrance. The SR 99 street light will provide all of the security and way finding light at the public side of the project that one could ever want — and then some. The other lighted area will be the adult plaza located in the center of the building. This plaza will be used as the gathering place for parties and other events when the weather cooperates. There will be family barbeques and other bonding events. This plaza is three sided that is only open to the south retail/industrial parking and buildings. It connects with landscape area provided with seating and lighted with low landscape light bollards. Other than a couple of door can lights, we would like to provide this plaza with a couple of small overhead area lights. These lights would operate with a locked switch, totally Federal Way Veterans Center Project Narrative Page 7 of 10 under control of the staff and only used for the special events. This plaza is located between the two north -south corridors in the building. We are providing windows in these corridors so the plaza and its' activities are visible to the residents as they come and go. The light from this patio should not be visible from any of the residential properties with the maybe the exception of the contractor's site to the southeast. There are 6 residential unit located on the lower levels. Normally we would provide unit doors and private decks for these units. This project has a very distinctive user group and we have been requested to not provide these decks as they become storage areas for the occupants. Other similar facilities with private decks have become repositories for broken furniture, old tires and other unusable items, and for this reason the only private areas will be within the residential unit itself. Other than the 4 surface parked vehicles at the front of the facility, all of the other parked vehicles will be inside an enclosed garage. There will be no carports or other open parking facilities. The east facade that faces the residential zone is 104 feet long. It is broken up into segments from 11 feet to 23 feet in length. The 23 foot and 12 foot elements are faced in the red metal and capped with projecting sloped roofs overhead. The upper floor level is painted with a slightly darker color to the main wall color. The modulation shall be integral to the building structure from base to roofline. The modulation depths are exactly equal to 25 percent of the total length of the facade and the minimum width is slightly less than twice the minimum depth. This structure is designed with a distinct base, a middle section, and a top that includes variated roof forms. The buildings base is ground faced CMU. Stone is the heaviest material and belongs at the base. The upper floor level is then expressed with a similar but darker color to the main wall color. Capped at the top of the facade are large sloped eyebrow roofs the largest of which is in the center of the front elevation. These sloping roof forms are large and distinctive. They will be visible from a great distance and will be highlighted with a strong color. Likewise the windows will have highly visible frames in white color that will play against the basic wall colors and especially against the red metal colors. As recommended by the FWRC the main entrance is located facing the main highway. It is clearly visible from SR 99 and the public sidewalk. As stated earlier, the entry incorporate a variety of human scale articulation, including distinctive entrance features like the two columns supporting the four steel support columns that support the large overhanging roof. Between these columns we have designed a transparent glass system that extends from grade to right up under the roof. By incorporating these features the entrance will be clearly identified and even celebrated. Landscaping has been minimized around the entry Federal Way Veterans Center Project Narrative Page 8 of 10 because of room, but it is used on the two site corners to frame the building. It will not block views to the building or across the site, but it will help to frame -out the two retail strip centers on either side of this project. There is no other major building entrance. Management wants the one entry point for security. A second entry would also be inappropriate for the scale of the building. Our pedestrian pathway from the front door leads in a straight line to the SR99 right-of-way which intern leads directly to a major bus stop and other walk -able pedestrian activities. There are two public parks near the property and nearby a large shopping center. This pathway will be clearly delineated by special paving and shall be integrated with the landscaping. It will also have a clear width of 10 feet and shall be protected from the major vehicular circulation route. The pedestrian pathway that leads around the front of the building to the central plaza is also defined by a paved pathway. We expect this pedestrian walk -way to be used by visitors and special deliveries when plaza events are taking place. Residential Usable Open Space This project has quite a lot of "Common Open Space as per the definition of a minimum or 225 SF with a minimum dimension of 15 feet. Because the number of "program spaces" in the user requirements there are 3400 SF of indoor spaces that meet these requirement. The `common open spaces' on the outside of the building are located in two larger places and one smaller patio. The adult common area is located in the center of the building and is designed as a three sided plaza that spills out into a landscape area with seating and a pathway that lead back into the building. This pathway leads to another smaller plaza that connects with an interior public room on the lower level. If you don't stop at this lower plaza the pathway will take you around to the front of the building. This large upper plaza itself is entered from an inside lounge area. This plaza will be used as the large "gathering" place and summer parties. There will be family barbeques and other events. The other large open space is on the east side of the building. It will be used as a children's play area and be entered thru the Level 1 (Sheet A102) Kid's Lounge. It is intended that during the family parties in the center plaza the kids would be able to grab their hotdog off the barbeque and run back to the play area with their friends. There will be a `low scale' bark trail around the southeast corner of the building connecting these two areas. Right now the area on the other side of the property line in this location is a dumping yard for what looks like a contractor's shed. There are also the exposed backsides of two existing buildings which are used as retaining walls. The east building of these two buildings is actually built over the property line into the project site about 3". These two uses should not be affected by a small group of kids playing between these two large open spaces. These two open spaces are readily Federal Way Veterans Center Project Narrative Page 9 of 10 observable from the interior lounges, the units and the corridors serving the units. We expect them to get lots of use when the trauma from past experiences starts to fad. The three outdoor plazas and open spaces total almost 5,700 SF. All of these 'common open spaces' are designed to provide important healing places. They will allow dynamic uses for the Veterans and their families, including gathering places for group interaction, physical exercise, children's play areas, and respite areas within landscaping. They will all include a barbeque, seating, some lighting, landscaping, and a number of other pedestrian -oriented features common to recreational open spaces. There will be no private decks as they become storage areas for this user group. Other similar facilities with private decks have become repositories for broken furniture, old tires and other unusable items, and for this reason the only private areas will be within the residential unit itself. Comprehensive Plan This project will meet the multifamily/residential development requirement for `Community Business' as required along the SR-99 corridor in proximity to residential areas. Countywide Policies This project will also follow the CWPPs guidelines for affordable housing requesting a "rational and equitable" distribution of affordable housing. We have a unique user group of Veterans with special needs requiring special needs housing. This is one segment of the population that will not be provided housing in any other Federal Way neighborhood. This project will provide housing for many that are pressured with lower wage employment. These veterans will be provided with access to transportation and an infrastructure of onsite special needs services to support them. Special Needs Populations As the Comprehensive Plan states "special needs populations require two major ingredients to ensure a stable housing situation: very low cost housing and supportive services". The Federal Way Veterans Center is the exact type of housing that meets these two needs. This facility will provide both excellent housing and excellent support services, from job training to counseling, for both individuals with special needs as well as their children and other family members. This type of housing provides shelter as both transitional housing and permanent housing for victims of homelessness and other challenges. The "for profit" sector rarely meets the housing and service needs of these groups, especially if they are low- income. Federal Way Veterans Center Project Narrative Page 10 of 10 Water Resources With the addition of a storm water detention system, including a detention vault of close to 50,000 gallons, the Federal Way Veterans Center will make a important impact to protect the biological health and diversity of the Puget Sound Basin. This project will conform to the all of regulations and standards required to carry out the Surface Water Management Comprehensive Plan's policy of restricting stormwater runoff in order to minimize the potential for flooding and stream bank erosion, and preserve and enhance habitat and sensitive areas. 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IDSId411rz COD 5 4+f1P Ads $ o 25th M Military �s g � 4.1 N C� N'(ill oT O,- g�•G Ay¢1pIW � r�a� N P (� `cn 21ith Ave S m S anV W9Z H Mir/ S MY LP N rd/1 S aAV 41LZ gti N S Id 41LZ Nm 4113Z -,g,Os"t S aAV 41sz CIL 5 S Id q%9Z = uH1art v� N m a Z 291h Ave S $ pu fuse-twv' S aAY 4117E P �` SaCtarr?, m !� t Tn c� N3 C ^ 3.� _ m s N S w PuZE N10 S Id PuzE' S aAV P)EE �S7 ff rn ; 34Ih Ave S N S aAV 419E - S aAV 414E — :_ Ssr1 4E S anV 411 CITY OF FEDERAL WAY DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES DEVELOPMENT REVIEW COMMITTEE TRANSMITTAL DATE: May 16, 2014 TO: Ann Dower, Development Services Rick Perez, Traffic Division Scott Sproul, Assistant Building Official Brian Asbury, Lakehaven Utility District Chris Ingham, South King Fire & Rescue Tanya Noscimento, Federal Way School District Lindsey Tiroux, Public Safety Officer FROM: FOR DRC MTG. ON: FILE NUMBER(s): RELATED FILE NOS.: PROJECT NAME: PROJECT ADDRESS ZONING DISTRICT: PROJECT DESCRIPTION: LAND USE PERMITS: PROJECT CONTACT: MATERIALS SUBMITTED: Becky Chapin — Planning Division Internal Completeness —May 29, 2014 14-102203-00-UP / 14-102205-00-SE None Federal Way Veteran's Center 29404 Pacific Hwy South li Proposed 45-unit multifamily building with communal facilities and amenities. Use Process III with SEPA Determination Roger Oakdale Baylis Architects 10801 Main Street Bellevue, WA 98004 ■ Master Land Use Application • Development Requirements Checklist • Mailing Envelopes • Project Narrative (8) • SEPA Checklist (8) • Title Report (2) • Preliminary TIR (4) • Vicinity Map (8) • Topographic and Boundary Survey (8) ■ Elevations (8) ■ Floor Plan (8) • Architectural Site Plan (8) • Preliminary Drainage/Grading/ROW Plan (8) • Lighting Plan (4) • Exterior Views (8) ■ Photo Views (8) ■ Landscape Plans (8) 33330 - 8th Ave S Federal Way WA 98003 Phone: (253)-945-2000 IyiviKAips. rQ November 12, 2014 Jane[ Salinas, Associate Developer Shelter Reources, Inc, 2223 112`h Ave NE, Suite 102 Bellevue WA 98004 Federal Way OWO Public Schools RE: School Access Analysis Federal Way Veteran's Center, File Nos. 14-102203-00-UP, 14-102205-00-SE Dear Ms. Salinas, The Federal Way School District has received the School Access Analysis for Federal Way Veteran's Center Project, a proposed multi -family development with 45 residential units. The project is located at 29404 Pacific Hwy S. Under current boundaries, this development is in the Wildwood Elementary, Sacajawea Middle School and Federal Way High School service areas. School service areas are reviewed each year and necessary boundary changes may be made to accommodate enrollment increases. Students living in this area receive school bus transportation to Wildwood Elementary and Sacajawea Middle School. Bus stops are reviewed annually as student transportation needs change. The closest stop for Wildwood Elementary is on 18th Ave S at 29221. The closest stop for Sacajawea Middle School is on 18`h Ave S at S 293`d St. Students would walk to Federal Way High School. Student safety must be considered for all students who would walk to the schools and to school bus stops from this development. Sidewalks and other planning features that assure safe walking conditions for students are factors the district must consider as we comment on development within our service areas. Below are the District's comments regarding the School Access Analysis. 1) The best solution for Wildwood students to access the bus stop at 29221 18th Ave S would be a path created from the project site through to 18th Ave S. There is currently a dirt path from the north end of the building that houses Quality Furniture, at 29314 Pacific Hwy S, and goes east to 18th Ave S, not sure if this was the intended path that was mentioned in the report (pg. 1, last paragraph, in parentheses). This path would have to be a minimum of 6' wide, with excellent visibility in both daylight, and dusk. The District would prefer it to be well -lit during the evenings, as well, as students will be dropped off from after -school activities after dark. There should also be no obstructions or foliage that could afford a place for someone to hide. 2) The first walk path recommended for Wildwood goes north along Pacific Hwy S to S 288th St, then right along S 288th St to 18th Ave S, then south on 18th Ave S to the bus stop. The east side of 18th Ave S does not provide a safe walk path. There is a shoulder along the west side of 18th Ave S, which would need some improvements to accommodate the students. There is no barrier between the walk path and the road. There are several duplexes/homes where the students are walking in the parking area, and have no designated walk path. There is also power substation on the west side of 18th Ave S at approximately S 293rd. With some improvements, this would be a safe walk path for students. 3) The report shows two paths, but the District would not allow any student to walk along S 304th St between Pacific Hwy S and 20th Ave S, which is the 2nd recommended walk path. There have been too many accidents, close calls with bicyclists and pedestrians, and vehicles going off the road due to ice or snow, for this to be considered safe. This suggestion is not a consideration, due to safety reasons. 33330 - 8rh Ave S Federal Way WA 98003 Phone: (253)-945-2000 AIIMII,hiw.arg • Federal Way • Public Schools Thank you for giving the District the opportunity to review the School Access Analysis. We hope you take our comments into consideration regarding student's safe access to school. Sincerely, Ta`riya Nascimento Student & Demographic Forecaster cc: Becky Chapin, Associate Planner, City of Federal Way Sally McLean, Superintendent David Remmen, Safety & Security Manager Cindy Wendland, Support Services Director RESUBMITTED SEP 10 201¢ CITY OF FEDERAL WAy CDS August 28, 2014 Becky Chapman City of Federal Way, City Hall 33325 8th Avenue South Federal Way, WA 98003 RE: School Access Analysis — Federal Way Veterans Center File Nos. 14-102203-00-UP and 14-102205-00-SE Dear Becky: SHELTER RESOURCES, INC. Real Estate Development We are in receipt of the letter pertaining to the safety concerns of the Federal Way Public Schools and are pleased to provide this information to you for your review. The main focus of the letter was in reference to the consideration of the potential students and their walking paths to the nearest bus stop and the schools that they may attend. Understanding the location of our project relative to the bus stops and school locations that Tanya Nascimento of the Federal Way Public Schools has identified, we have concluded the below. Wildwood Elementary is located at 29221 18th Avenue South, Federal Way, WA 98003. The nearest bus stop for Wildwood was determined to be at 29221 181th Avenue South. On a walking path from the site to the bus stop it is 0.7 miles or a 13 minute walk. Sacajawea Middle School is located at 1101 South Dash Point Road, Federal Way, WA 98003. The nearest bus stop identified was the intersection of 18th Avenue South and South 293`d Street which coincidently is only 0.05 miles or 11 second away per Mapquest from the Wildwood bus stop. Again, the path is evaluated at 0.7 mile walk or a 14 minute walk. Both paths mimic each other; the sidewalks are wide along Pacific Hwy South. They are paved, with a grass buffer nearest the curb creating a separation between pedestrians and traffic. The sidewalks are level and avoid major sight obstructions. When the walk path turns into a residential neighborhood, the speed limits dramatically reduce and the volume of traffic also severely decreases. The entire path mapped does not require any student to cross a street, but to only make two right turns. The path is simple and clear. (As a side note, we are currently having the easements on the site's property and neighboring property to the east evaluated to see if we can accommodate a gravel path that will allow the students for Wildwood Elementary and Sacajawea Middle School a cut through to the adjacent street where the bus stops are located. If this is possible, it will be just a quick walk to the neighborhood to the east and shorten walking times dramatically.) 2223 112"' Avenue NE, Suite 102 Bellevue, Washington 98004 1(425) 454-8205 1(425) 455-8546 f If the students choose to walk directly to their school, we have also mapped out the walking paths. For Sacajawea Middle School, the walk is 0.5 miles in distance or 11 minutes of walk time. They would be able to walk against the flow of traffic using the level and wide sidewalks along Pacific Hwy. They would need to cross one intersection, but it is well marked, with timed lights, and no sight obstructions. The path continues on a paved road with ample space for a pedestrian to walk along the shoulder area. For Wildwood Elementary, the walk is slightly longer, but still a manageable 1.3 miles with an estimated 26 minute walk time. The route has a few more turns, but still doesn't require a student to cross any major intersections and half of the walk is through a residential neighborhood. For those students that will attend Federal Way High School, it was advised that they will only walk to school with no bus stops available. Conveniently, our project is located only 0.7 miles from the high school with an estimated walk time of 16 minutes. The walking path is well marked and even has a paved sidewalk separated from the road on 16th Avenue South that leads straight to the high school. All of the walking paths and maps are attached for your review for all three school locations. We feel confident that we have addressed your concerns and addressed the guidelines that you provided for this analysis. Thank you for your time, Jane[ Salinas Associate Deve er Shelter Resources, Inc. 2223 1 12" Avenue NE, Suite 102 Bellevue, Washington 98004 1 (425) 454-8205 1 (425) 455-8546 f _341h Ave w.a, g s [ //LL ®- 9 -30. ! j P ,, w ` ^^ a. w: :,IS w _ mv, k e» ƒ /m « _ . « �M m ,:, ` U ` m m, 2 . b ) „0,00k y ,fmH 3Ym w mO"d,_S )�m \IC ®�\7 w L / cu \'LL 4�» ), E + \ �c .g Q..w l | - .E 8 ¥ u 6 D ca 0 R Wh m, ±i ° y m a, ,w »-- ��—a����=� — —� ) t \\ u / \} R ]] M §! R - E k � ƒ _� m E� ! \\ \ E Ch )\\ q ar{ @ ){\ R 1 1 µ' o o i 4� 1 21 PIS ,l "bow si a -F; 3 rr Q♦`' 1 � m � I '� q �� q 'L`�♦ a♦ a, .O R 9^Y 1si2 h y § 21 st Ave S N _ Q L 1 -•• e� 21 st AveS� t 1 E tp LL l O L 1 x b CP n N 1 20th Ave 5 1 1 �F c y y2p� N O N N 191h Ave S ;i 19Ih Ave S 'E IC 000000go0opp*S81b": 18th Ave O A 17th PI S c O Cf 6si30[i0q.@ QaolOodor* O 00Q .FE0 Twy� E L -,6[h P' — o c O0 c E O a ® UCO 3 % e a� Leo • { 1f} N a N t CD a t H m N a S m 131h Ave S a^V ♦y sa1v41E1 c °, 41E1 p N � M o-yv21 y C by L LL (6 lid' v U iB 's P� S Ld x 5 8 � E � E m � ,. i u° a 0 0 0 a `u � i o 3 ti [,1 mk o q cn a a • , 3 2 n T S � N 2 s m NLL i a atcu l w O E 'E cn $ °1 = N Y u) N y a C ,� v to Z (n A rn w r cy)C4 LO cm c xl o 4 = o `o c o o n d g ti N F 0..,• m 7 $ m rn o � O "I ° ® O N �. Y (M L t *+ CO UJ _� t N Li li ro m Walking north on Pacific Hwy S from the site. Continuing the walk there is adequate walking space on a level sidewalk with a grass buffer on the side. Federal Way Veterans Project — School Access Analysis (Bus stop photos) Page 1 At South 288th (on the same side of the street that the pedestrian was walking) they turn right. This is the corner with proper lights, sidewalks, pathways, planting stripe as a buffer and no need to cross the street. .1'��r+'. _,e.r..>_. .:.:nssur.�saeewx"P• rc. �: ... .. ,,,d � .. ,_....... . : ...... awe�r�...n.,ti•m,.y,. �.4QY.fC-n...1_ae�y awoweasw yu.iaw .cd. This is the view looking down at the street that the pedestrians would be turning right onto a residential street. Again, it displays well -marked paths, sidewalks, good lighting, still no need to cross the street. Federal Way Veterans Project - School Access Analysis (Bus stop photos) Page 2 Paved path in a residential neighborhood. Warning signs and 15 mph speed limit. Bus stop location (approximately). Wide and visible to avoid sight line obstructions. Federal Way Veterans Project - School Access Analysis (Bus stop photos) Page 3 This picture is just showing the reverse view to emphasize the quiet neighborhood with extremely low volumes of traffic, board lines of sight, paved street, and wide shoulders. Federal Way Veterans Project — School Access Analysis (Bus stop photos) Page 4 2 l�l m I� �p F �Kg S Rr n � • I } ' i r E S h `fir �occ LsN+eaz Twee - vmAves MdttaryFdS i N LL i-E 2B PI s JS P 4Gth f'IS Sa,v ql?z ' - - p`e S S 1,v 419C � 26m PI 5; , 251h R 5. = O w 3 251n PI S; F s 1A = C s 241hPIs � h � i 27id PI 5 to S �lv putt' 7p;cebeccthnh• • • •§ j J j �N in g p� F y 21s1 PI 5 21 if Ave S • tq N � i • NS'4 S It D I 20m Rvc 5 • a y a a E s.,.vvtcl • � o I BIh Ave S C ® �•.aysss��o�ea�+o•�aiGA�d�„�®� ®� s ti„ N� "s 1III All s x 4 3 j11C1 vi v� •6 �g o vt � s° ayzLl n 13M A-S E Redondo 1NaY 5 e �hnJe 5 11th PIS �S y 11m nv� s 1 y r S ��� '@ �� \Olh hs s y All 5 9u � -aS _ 9mn-s � w U a i a o I i= U:) N IC O N 400. I< jl — N i_ 5 LL � � ) v Y I6 Walking south against traffic on Pacific Hwy. The walk provides a paved sidewalk, a grass buffer, well lit streets and unobstructed sight paths. �...���..�. ....,.�.......,.:rxs5.r. unsx�.n.a • lc v _..��. R11wd._e.H...s.r�_. Walk continuing on Pacific Hwy. Federal Way Veterans Project - Wildwood Elem, Walk Path to School Page 1 Another photo showing consistent conditions along Pacific Hwy. ,� wr�oo�ae•wnn:..i.ry._Ag A Mr�pr,w�.. E9.9+x,haw.is•p r_M � r �i+�w.►�;woweaew.. �w.�r•�.r.-... t�;rw.r..._w.r.-w..: r,.w���o-.*.r.ry.r�. s M . &,. S". i'k. y. Approaching the interception that a student would turn left on to continue their walk to school. Shows it is well marked and timed signals. Federal Way Veterans Project — Wildwood Elem, Walk Path to School Page 2 Once the student turns left they are able to walk along a less traveled road with adequate space to walk on the paved shoulder. 6i....-�r..r».�.o,r,au.w►rrtv,.�ev•►a er�+.+i�«as•w-R _r_ Continuing along 304th Federal Way Veterans Project - Wildwood Elem, Walk Path to School Page 3 Showing the left hand turn to continue to walking path to school. A short walk to the next stop sign on a straight road in a residential neighborhood. Federal Way Veterans Project - Wildwood Elem, Walk Path to School Page 4 At the stop sign, the student would need to turn right to finish their walk to school. This is the right hand turn, marked with a caution sign to show other students use this path. Federal Way Veterans Project - Wildwood Elem, Walk Path to School Page 5 Ample walking space on the right hand side of the street with a speed limit sign during hours of school operations. ! E3 .x 701ld ur,P•R4 wu v.ch wyi 6,.OL . Continuing the walk to school. Federal Way Veterans Project — Wildwood Elem, Walk Path to School Page 6 Showing the school entrance with walking path and a cross walk. FIP - - a r..wrYsfr�_I�rw.a.r.w,s-c..y_ .. � , �, ...... -. _._ . ... �� ........._..•�. C1a..�...�.w-w , w.aw �o-.rw«•�•-+.. r� . � ..• it . �,i,. ..�.. v.�w. p. Student has arrived at Wildwood Elementary School. Federal Way Veterans Project - Wildwood Elem, Walk Path to School Page 7 oI I V + 20th Ave S nl 3 � 1 > y o [n ' 19th Ave 5 E p, t~ - luyy LL ® 18th Ave S a:, a 18th Ave S c ;PIS a � a �oeo-�ssckwamoQogO � � g Pacific Hwy S o ®a — z 161h Ave5 Ih PI S t a F 8 ry ° %a a _ .A / h 6. ® - S any 4t£'10 _ 1401 Ave $ nAve S Rx o ® i� r 6yrtl o A N M N 1 It,.� 1 E Illl�,� �U N 3 _ ♦l th Pic pees a m od 4seQ ; ]I 65 E " rn N s 0v J1j a. a a U • ry o v o b E w w m' ~ u u Co m IL a Q n rn N rn 2 o (L t o m CD C, « T e a 'x � w LL o O O o [n � ¢ rn E a o a E a 7 C� 9 Z o E S 't a v .V N C T Q 0 f a S a w E o m= mo 0 0 -'Op LL - a r o _ � _ ¢ N In d QCo N rn E ` D c m i t fJ 0-0- m o dJ t] � 0 `l ni Co (n e o E p v L (a o ; 6 a � O 1< Shows the view walking along Pacific Hwy going south, giving the student the ability to walk against the flow of traffic. The sidewalks are wide and level with a grass buffer and well lit with street lamps. �ii'-�ii�iw.-. •�.._:- r as �nra�.�wrti•c„v_"� _ _---- `_�..� iw �►r i++i.[s...u_ ti�w w•w .�+w wcA�w,. pw.ra.+�tw� i•w.�.��d •w� . s,.- �a�r+rw�..r •+c. Continuing walking south along Pacific Hwy. Federal Way Veterans Project - Sacajawea Middle School, Walk Path to School Page 1 This shows the crosswalk that a student needs to cross to continue their walk to school. 6C+f].n�n,�n. Once past the intersection, this is the street that goes directly to Sacajawea Middle School. It is paved and still provides for ample walking space on the shoulder. Federal Way Veterans Project — Sacajawea Middle School, Walk Path to School Page 2 Continuing the walk, this shows the paved sidewalk continuing and adequate space for a pedestrian. r�'r. <<e��:,".:,.��.: T-.,.=::,.�,., _._ -'.�� � •.,NEWL o.-,�, Ham; �,�,,,. [�.�.. J.t+-..� •err-v,.� r..mwrrnW y`"^r..v�.a-•.. i!.-'.<<.��.L. �, ,u_y;doa f E...: - Arriving at Sacajawea Middle School. Total distance is 0.5 miles or 11 minutes' walk time. Federal Way Veterans Project — Sacajawea Middle School, Walk Path to School Page 3 01 m � 6fh PI S y Sant/ pa m (' 'j C b 4152 261h n S 2b1h PI SrL ' co y I 251h r15' _ 1 LL 5 ZLh fMS C ® �' ros 23ni rl S H D k $ N m s ang p,zLry 23rd A-., Sash m rn rm �Sa„r in 21.^I PIS 221 21s1Av S h Y ° i 201h AveS N x sa•vut6L� d I Nth A,c SIm lslnL d U v -jQj N BOOOifO_i� S ±HaJPEd n A V lJ A\�00�046Y`e y m = _ No t7 y 9 � r L lips ®® v, I C1S y m s O1 S S L71n i"l5 Ave sdo Z.' do Way s L cis _ Fy — t edon t lllhMS S J 4� 11 th Ave! y l vEi , -9 o �o1� y e0S marls . - ,•'Ah Ave: G � z r y n Nth Ave HIIt A. S h Hih Ave 5 sId Ws sm rf n v 21 t U N CI) ) LL a C) Q a a' a o (L U s O m N O L S = LT 0 O a O R LT O N T L uc � L t D C 0 _ Z CL ??, N CL v La 2 0 c o o r a c a '0 l0 f� co t o o = Li " �y rn C4 v LL ,K U Q v •c a a; v 0-0-1 m E v ci to Q «m °Ji II _ •� d 2 F- t N 0 t ° u ®I r— 0 m [J `° m °o t T ® ' Y N u Em l� M _ m O O € Walking path starts out walking against traffic headed south along Pacific Hwy for a short distance. View approaching the only major inspection that needs to be crossed. Federal Way Veterans Project — Federal Way High School, Walk Path Page 1 High school student will need to cross this intersection to continue their walk. It is paved, well -marked, with timed lights, and adequate walking space clearly marked. Another view of the intersection. Federal Way Veterans Project — Federal Way High School, Walk Path Page 2 Once the high school student has crossed the street, they need to walk down S. Dash Point Road for a short distance to turn left to continue their final leg to Federal Way High School. The paved sidewalk continues and also has a grass buffer separating the pedestrian from the street. Student turn left at this intersection. Federal Way Veterans Project — Federal Way High School, Walk Path Page 3 There is separated paved walking path on the west side of the road. It also shows the reduced speed limit of 35 mph. Continuing the walk to school. Federal Way Veterans Project — Federal Way High School, Walk Path Page 4 Ilk n-:.ter... Mz 'Nz 7Y At, -1000- I �j�hKp��-_:w.geegla[asn r JO-.12J P9w�Rww•b%- to Fti'Federal Way High School_x 4:0dOMlam_ _d!9KX4 Q Bh F—k— C Sa 71 _ ti 7-P 6-9 ses �J HUD USER GIS Maom ps 0 Sh—R, - Whew Cp, _ �di Am— Fa�es od- See.. L-] do - R,ge - Safely Tools us®� W4 f POWP 7 r ioo'• Arrived to Federal Way High School. Federal Way Veterans Project - Federal Way High School, Walk Path Page 6 0 Wwj�'.'I ioo�7ppijo �0, Nt . d H �-1 A f , _ 715 oL :71 12- pp N E n a I n E E R s g I Seattle v Portland Spokane _ San Diego Austin Irvine Eugene San Francisco Anchorage TECHNICAL INFORMATION REPORT & LEVEL 1 DOWNSTREAM ANALYSIS For Federal Way Veterans Center 29404 Pacific Highway South Federal Way, Washington Prepared for: Baylis Architects, Inc. 10801 Main Street, Suite 101 Bellevue, WA 98004 DCI Job No. 14012-0013 June 2, 2014 REVISED September 2, 2014 ESUB,MITTED SEP 10 2014 CITY OF FEDERAL WAY CDS This report has been prepared by the staff of DCI Engineers under the direction of the professional engineer whose stamp and signature appear hereon. y 818 Stewart Street, Suite 1000 Seattle, Washington, 98101 Phone (206) 332-1900 S e r v i c e I n n o v a t i o n V a I u e CONTENTS SECTION I — PROJECT OVERVIEW SECTION II — CONDITIONS AND REQUIREMENTS SUMMARY SECTION III — LEVEL 1 OFF -SITE ANALYSIS SECTION IV — FLOW CONTROL & WATER QUALITY ANALYSIS & DESIGN SECTION V — CONVEYANCE SYSTEM ANALYSIS & DESIGN SECTION VI — SPECIAL REPORTS & STUDIES SECTION VII — OTHER PERMITS SECTION VIII — ESC ANALYSIS & DESIGN SECTION IX — BOND QUANTITIES, FACILITY SUMMARIES & DECLARATION OF COVENANT SECTION X — OPERATIONS & MAINTENANCE MANUAL Federal Way Veterans Center DCI Engineers SECTION I — PROJECT OVERVIEW This report summarizes stormwater control design considerations for the construction of a five -story veterans' center at 29404 Pacific Highway South in Federal Way, Washington (Figure 2). The center will include program space and approximately 45 residential units on a 0.55-acre site. The project proposes demolition of a commercial building and a single-family residence currently on the site. The new building to be constructed will have vehicle and pedestrian access off Pacific Highway South and parking for approximately 23 vehicles in a ground - floor garage. Four additional spaces will be provided in a 2276 sq. ft. surface lot in front of the building. The site lies on two levels. The front half of the property, including the existing commercial building, is at street level and includes a graveled yard behind the building. A wooden retaining wall separates the front part of the site from the rear portion, where the existing single-family residence is located. The elevation difference between the two levels is 8-10 feet. A driveway along the north boundary connects the two levels to the street. The ground floor of the new building will be excavated into the embankment separating the two terraces. The main floor will be near the elevation of the higher terrace, with ground -level access at the rear of the building. A private plaza, accessed from the main floor, will be constructed over a concrete stormwater detention vault on the south side of the building. (Figure 3). An April 2014 geotechnical report by the Riley Group (see Section VI) identifies the predominant soil on the site as very dense glacial till, overlain by two to five feet of medium -dense to very dense fill composed of silty sand with some gravel. Groundwater was encountered at depths of 10-20 feet. This description is consistent with the NRCS Soil Survey (Figure 4). The proposed project will increase impervious cover on the site from approximately 50% to approximately 71 %. Federal Way Veterans Center DCI Engineers SECTION H — CONDITIONS AND REQUIREMENTS SUMMARY This project is subject to full drainage review under the 2009 King County Surface Water Design Manual (KCSWDM) and the City of Federal Way Addendum to the 2009 KCSWDM. The site lies in a Conservation Flow Control area and an Enhanced Basic Water Quality area. The following is a summary of how the project will address each of the core stormwater requirements identified in the KCSWDM. Core Requirement # 1— Discharge at the Natural Location: There is no existing natural outlet. Stormwater runoff generated on the site currently appears to sheetflow toward the southwest corner, where it is collected in a Type 2 catch basin and is piped to a 12" storm sewer in Pacific Highway South. The proposed development will preserve this drainage pattern to the maximum extent feasible. Core Requirement # 2 — Off -site analysis: See section III, "Level 1 Downstream/Upstream Analysis". Core Requirement # 3 — Flow Control: This project is in a Conservation Flow Control area and is required to provide Level 2 (stream protection) flow control in accordance with KCSWDM and the City of Federal Way Addendum. Flow control will be provided by a concrete stormwater detention vault. A full discussion of the design considerations and function of the stormwater management system is provided in Section IV, "Drainage Analysis". Core Requirement # 4 — Conveyance System: See Section V, "Conveyance System Analysis and Design". Core Requirement # 5 — Erosion and Sediment Control: See Section VIII, "ESC Analysis and Design". Core Requirement # 6 — Maintenance and Operations: Maintenance and operation of the on -site drainage system is the responsibility of the property owner. See Section X, "Operations and maintenance Manual". Core Requirement # 7 — Financial Guarantees and Liability: Because the flow control facilities will be privately constructed and maintained, financial guarantees are not required per KCSWDM 1.2.7. Liability for off -site drainage impacts is subject to tort law. Core Requirement # 8 — Water quality: See Section IV, ""Flow Control & Water Quality Analysis & Design". Special Requirement # 1— Other Adopted Area -Specific Requirements: There are no known area -specific requirements applicable to this project, other than the Conservation Flow Control and Enhanced Basic Water Quality designations. Federal Way Veterans Center DCI Engineers Special Requirement # 2 — Flood Hazard Area Delineation: The project site is subject to no identified flood hazards. Special Requirement # 3 — Flood Protection Facilities: There are no known flood protection facilities impacted by this project. Special Requirement # 4 — Source Controls: When the Veterans Center is in operation following construction, it is not expected to generate significant sources of pollution other than the surface parking lot. Special Requirement # 5 — Oil Control: Oil control facilities are not required per KCSWDM 1.3.5 because the proposed facility does not meet the definition of a "high use site". Federal Way Veterans Center DCI Engineers F1644RE ( KING COUNTY, WASHINGTON, SURFACE WATER DESIGN MANUAL TECHNICAL INFORMATION REPORT (TIR) WORKSHEET Para 1 PROJECT OWNER AND PROJECT ENGINEER Project Owner Fe-&erq Way IRul `-5er'k Phone Address 1200 5&�,L336 54 &AefA[ kby_ WA 98003 Project Engineer. Joh 0. Cher � Company DC I ►�e r Phone 266- 332- 1900 Part3 TYPE OF. PERMIT APPLICATION ❑ Landuse Services Subdivison / Short Subd. / UPD ® Bu" rvices M/F Commeric / SFR ❑ Clearing and Grading ❑ Right-of-Wav Use Ll Other Part 2 PROJECT LOCATION AND DESCRIPTION Project Name ec era( eI _IL e� DDES Permit # Location Township Z I Al Range 4 E Section 4 n Site Address r2-q464� he4�tl4I WaX L.t�as�,�.�q�� Part 4 OTHER REVIEWS AND PERMITS ❑ DFW HPA ❑ Shoreline ❑ COE 404 Management ❑ DOE Dam Safety 23 structuLal ❑ Rookery aul FEMA Floodpiain ❑ ESA Section 7 ❑ COE Wetlands ❑ Other Part 5 PLAN AND REPORT INFORMATION Technical Information Report Site Improvement Plan (Engr. Plans) Type of Drainage Review Full / Targeted I Type (circle one): ull Modified I (circle): arge Site mall Site Date (include revision - - Pre m,n ar Date (include revision �-1 3 -19 �fre1,.K;tia+�.} dates): S- 0- - - dates): Date of Final: Date of Final: Part6 ADJUSTMENT APPROVALS Type (circle one): Standard / Complex / Preapplication / Experimental / Blanket Description: (include conditions in TIR Section 2) Date of Aoaroval: 2009 Surface Water Design Manual 1/9/2009 1 1-I64460C 1.2. KING COUNTY, WASHINGTON, SURFACE WATER DESIGN MANUAL TECHNICAL INFORMATION REPORT (TIR) WORKSHEET Part 7 MONITORING REQUIREMENTS Monitoring Required: Yes I No TBD Describe: Start Date: Completion Date: Part8 SITE COMMUNITY AND DRAINAGE BASIN Community Plan: Special District Overlays: Drainage Basin: W oAd o Creel Stormwater Requirements: F 41 0ea Qi,g1,y' 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 Part 10 SOILS Soil Type Slopes Erosion Potential 6CPrC.I AC TILL GF JERAaV FL4-r M00 r t}TE 14 iWo LEU&5 afkwm6yr ELiMitjA-r P ❑ High Groundwater Table (within 5 feet) ❑ Sole Source Aquifer ❑ Other ❑ Seeps/Springs ❑ Additional Sheets Attached 2009 Surface Water Design Manual I/9/2009 2 fie a*F 1,11 KING COUNTY, WASHINGTON, SURFACE WATER DESIGN MANUAL TECHNICAL INFORMATION REPORT (TIR) WORKSHEET Part'11 DRAINAGE DESIGN LIMITATIONS REFERENCE ❑ Cote 2 — OfFske Analysis ❑ Sensitive/Critical Areas ❑ SEPA ❑ Other ❑ Additional Sheets Attached LIMITATION / SITE CONSTRAINT Part 12 TIR SUMMARY SHEET (provide one TIR Summmy Sheet per Threshold Dischar a Area) Threshold Discharge Area: name or description) PROJECT SI TE Core Requirements (all 8 apply) Discharge at Natural Location Number of Natural Discharge Locations: 1 Ofl'siteAnalysis Level: / 2 / 3 dated: Flow Control Level: 1 /(g)/ 3 or Exemption Number Incl. facility Summa sheet) Small Site BMPs Conveyance System Spill containment located at: T Erosion and Sediment Control ESC Site Supervisor: Contact Phone: �BD After Hours. Phone Maintenance and Operation Responsibility: Private 1 Public If Private, Maintenance L2g Required: Yes / No i]9 Financial Guarantees and Provided: Yes 1 ❑ Water Qua14 Type: Basic / Sens. Lake / Enhanced Basicm Bog (include facility summary sheet) or Exemntlon No,, 01 _ Landscape Management Plan: Yes /� Special Requirements as applicable) Area Specific Drainage Type: COA I SDO / MDP / BP / LMP / Shared Fac. ❑n Re uirements Name: Floodplain/Floodway Delineation Type: Major / Minor / Exemption None 100-year Base Flood Elevation (or range): Datum: Flood Protection Facilities Describe: Source Control (comm./industrial landuse) Describe landuse: MUVnFR ILL WILEWOAC Describe any structural controls: 15-m L FR 90mg Col �� 2009 Surface Water Design Manua[ 3 1/9/2009 KING COUNTY, WASHINGTON, SURFACE WATER DESIGN MANUAL TECHNICAL INFORMATION REPORT (TIR) WORKSHEET ail Control High -use Site: Yes Treatment BMP: Maintenance Agreement: Yes / No with whom? Other Drainage Structures Describe: YPRD D R41uS Fok L)VuASCAPC #fir=*5' Part 13 EROSION AND SEDIMENT CONTROL REQUIREMENTS MINIMUM ESC REQUIREMENTS MINIMUM ESC REQUIREMENTS DURING CONSTRUCTION AFTER CONSTRUCTION I Clearing Limits Stabilize Exposed Surfaces Cover Measures Remove and Restore Temporary ESC Facilities Perimeter Protection A Clean and Remove All Silt and Debris, Ensure Traffic Area Stabilization Operation of Permanent Facilities ® Sediment Retention ❑ Flag Limits of SAO and open space Surface Water Collection preservation areas ❑ Dewatering Control ❑Other ❑ Dust Control ❑ Flow Control Tarr -i4 a 1 UMMVVAI LIN, t-ALALI I Y L)LbU SIP LIONS Note: Include Facility Su marV and Sketch Flow Control T e/Descri tion Water Quali N T e/Descritiara ® Detention ❑ Infiltration ❑ Regional Facility ❑ Shared Facility JU Flow Control BMPs ❑ Other V R ❑ Biofiltration ❑ Wetpool ❑ Media Filtration ❑ Oil Control ❑ Spill Control ❑ Flow Control BIVIPs ❑ Other Timuic4s Go„1c-.4 2009 Surface Water Design Manual 4 1/9/2009 KING COUNTY, WASHINGTON, SURFACE WATER DESIGN MANUAL TECHNICAL INFORMATION REPORT (TIR) WORKSHEET Part 15 EASEMENTS/TRACTS Part 16 STRUCTURAL ANALYSIS ❑ Drainage Easement 0 Cast in Place Vault ❑ Covenant t ❑ Retaining Wall ❑ Native Growth Protection Covenant ❑ Rockery > 4' High ❑ Tract ❑ Structural on Steep Slope ❑ Other ❑ Other j Part 17 SIGNATURE OF PROFESSIONAL ENGINEER 1, 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 information provided here is accurate. 2009 Surface Water Design Manual 5 1/9/2009 FIGUA C L S. 288TH ST, 0 Q � a � o U x 00 a� SITE SACAJAWEA N PARK VICINITY MAP SCALE: 1" m 500' STCB 557 RIM-437.73. 12" _CONC (LANDSCAPE (TYP') NOTES ALL EXISTING ON —SITE IMPROVEMENTS WILL e EXISTING DRAINAGE PATTERN: MOST OF SITE EXISTING CATCH BASINS AT THE SOUTHWEST PROJECT NO: ENTERS PROPERTY FROM OFF —SITE. 14012-0013 DETENTION VAULT DESIGNED TO LEVEL 2 STA BE ENTIRE AREA WITHIN PROPERTY BOUNDAR ROOF LEADERS WILL BE TTGHTLINED TO THE [ r-, x �I I 0 —20 40 SCALE IN FEET 1"=20' FEDERAL WAY VETERANS CENTER SITE/BASIN MAP Drainage exhibit.dwg 04 Sep 2014 — 9:42 am rhemandez M „ZZ ,8T —7T M „Z,6T oZZT Z s a OET£bZS F1649c: , ! MEWS OS6Z4ZS 099ZbZ5 0/LZbZS oECti4L5 Obo£bZ9 0"6707S 099ZbZ5 OLLZbZS 7h3°2vZ5 z ry �t M M.ZZ,BT oZZT N O n EM m LO W Ln a 11 T N Z 7 o rNi — �O N 7 U) r — Co O N U) Q n o U �o 0 OC m a m Z z a w v 06 06 0 o N � 3 i V Q C O CD m d 2 r, o W L- tq th O C O CL O y d ` 7 H Z� Z U g N M.ZST 27T Q` �I z F1GuRE 4.2 C O Ol L N N ... N C Tj N U Ca N m c Qm wa) >> O T 00 rn c Y f° a7 m lL 2v O U) Ci CDw o Ca N j N fN0 > ` In Q a) U) C•N Ca U U 0N N Na) 0 -0 c O . E cu) O -p a)a U OO m s U m O` N a N- CO U) a OC_ CL Ca z>,"� cmN� U Ew N E m L a) N C9 O L U O w L 7 Q 3 N E ca m N c ZcA v N ya m Z mN N g E y �a a�� L p Y �appi a� E E L)= m�� o Q O o_ o r 3 y� � w/ Q U f0 « O V N O N C a fLj� 2 En U O M C N N LOfi f�QQ f6 N a1 O Q T .LN-. O O C N 7 3` T N w O m aL+ �.� m ma+�'� LL a� m - o c y °� a� o ami 3 c C N L E m a) N a_ m L mCL Za y o 0 oc m Ea ? a o >°ac� m �L0 NaNiaiU° mower a o �mvami -Zo o -2 E a U m N a a m J fA a c min Y> N L y c a) r E wpm>i a Z� a Qcoim °D` m Cm ��N-O`m a rn m a> > E m ans min cv m m rnm c o-c-p L o c vi a m T a) E m cc N?i m Q `m E o� o m o c Cr-, 0 O C m 3� 3 v o v Q m .O. m t na U a� c� � ?cna; E�m�r- mo ym � CD am0r N aE 0 y p .O � o O � p o ,F Z Q a m L� m yc 21c pE�� N N ��� N N= Q� S o na N f0 O U N m m 7 a O a m a) U N> — — m Y Cz L m C Vl m .O m a) p a) m 0 in — L N 0 7 O m CD L E m E W E O. N a E V) 9 co) m a 'O Q `c4 « U U U O N U O N A c m n L C d U L m O LL CmN a7 -0w O N a C J m N N N O O O L Q CO n E 'o a T fn a)'V m f/J N K 0 m c d O N O L �. N C .� a) O N O N (n (n > O U) > (n .�2 w 5 v Q � � c LL CL o Z §3 4- F� LU a ` E� � R 3 � m LU J N a a a a Q a m c o m (n C O c o G a a E d r rn m m m a 2 n_ n 3 1O O � ° ° _a _ O c a n n a n 0 a O ° o` d m cc cn w N O > >, m n Q Q l0 ca N y O 3 y '0 m a) a= LL L O E O w O O U) N O O O C O O m O C 0 C �_ a) U C C > C "O m a c � CL a w Soil Map —King County Area, Washington Federal Way Veterans Center Map Unit Legend King County Area, Washington (WA633) Map Unit Symbol Map Unit Name Acres in AOI Percent of AOI AgC Alderwood gravelly sandy loam, 6 to 15 percent slopes 8.6 15.9% AgD Alderwood gravelly sandy loam, 15 to 30 percent slopes 14.0 26.0% AkF Alderwood and Kitsap soils, very steep AmB Arents, Alderwood material, 0 to 6 percent slopes 6.3 11.7% 19.8 36.7% AmC Arents, Alderwood material, 6 to 15 percent slopes 3.1 5.8% PITS Pits 2.1 3.9% Totals for Area of Interest 53.8 100.0% USDA Natural Resources .r Conservation Service Web Soil Survey National Cooperative Soil Survey 5/30/2014 Page 3 of 3 SECTION III — LEVEL 1 DOWNSTREANV"STREAM ANALYSIS DCI staff has obtained GIS stormwater records and as -built construction drawings from the City of Federal Way. There is no upstream contribution of storm water that runs onto the subject site. The property to the north of the site is a commercial retail building and there is an existing concrete retaining wall along the north site which will be retained. The residential lot to the east of the site drains to 18t' Avenue South. The property to the south is a commercial property with a building that drains to Pacific Highway south. We have walked the stormwater conveyance route for one -quarter mile downstream from the project site. A map of the downstream path, excerpted from the city's GIS mapping, is provided as Figure 5 following this narrative. All stormwater runoff generated on the project site drains to the gutter and catch basins on the east side of Pacific Highway South. A 12" storm drain originates at a catch basin near the southwest corner of the project site and runs south down the east side of the road for approximately 650 feet. From a catch basin at that location, the pipe turns west, crosses the Pacific Highway South and drops down an embankment to an array of stormwater detention and water quality treatment vaults. The vaults receive stormwater from several areas and directions. The facilities were expanded in 2010 to accommodate flow from an area of highway improvements to the south. Flow splitters divert smaller storms to arrays of StormFilter cartridges for water quality treatment prior to detention; higher flows are routed directly to detention vaults. According to the GIS records, the metered release from the detention vaults is routed into a 36" storm pipe that discharges into Redondo Creek approximately 250 feet north of the vaults, one -quarter mile downstream from the project site. Redondo Creek runs northwest for approximately one mile alongside Redondo Way South and discharges into Poverty Bay on Puget Sound. Because the Veterans Center is providing on -site stormwater detention designed to match flows to those that would be generated under forested conditions, the net effect is expected to be a reduction in the intensity and duration of flows impacting the downstream vaults and Redondo Creek. There are no notable impacts of the upstream properties near the project site. The buildings to the north of the project site convey storm water into a series of catch basins that run along the east side of Pacific Highway South. These catch basins are connected to a storm detention system that runs south and west across Pacific Highway South where the storm water is conveyed into Redondo Creek at a point before hitting the project site location. The building adjacent to the project site on the north also has a retaining wall abutting the property line which prevents drainage from sheet flowing to the project site. The properties adjacent to the south of the project site convey storm water further downstream and are at a lower elevation than the project site. The buildings to the east of Federal Way Veterans Center DCI Engineers U) C �a O� LL J a m< wwo LLu N LL II Z LL TT 3 O Lu U �O M 7t LL T H-inos kVMHJIH OIJIOVd co CO f Q' O0 O w LLI U ~ CO O P Z> v°� ❑ LLJ 0 o o Qom° � SECTION IV — FLOW CONTROL & WATER QUALITY ANALYSIS & DESIGN Part A — Existing Site hydrology The site comprises two parcels. The western parcel, fronting Pacific Highway South, is occupied by a 3560 sq. ft. commercial building with a large graveled area in the rear. The eastern parcel, on a terrace approximately 8-10 feet higher, is occupied by a 1544 sq. ft. single family residence and is accessed by a gravel driveway across the western parcel. The site currently has approximately 50% impervious cover, with the remainder in lawn. See Figure 6 at the end of this section. For design purposes, the existing condition was modeled as forest, as required by KCSWDM. A wall on the north boundary, buildings adjacent to the south boundary and relatively level terrain to the east ensure that little if any runoff enters the property from off -site. Runoff generated on -site sheetflows toward the southwest comer of the property and appears to find its way through a 10-foot gap between two buildings. There is evidence that a french drain may have been installed on the adjacent property to collect excess stormwater and convey it to the storm system in the public right-of-way. There are no other apparent stormwater facilities on the site. Part B — Developed Site hydrology This project is in a Conservation Flow Control area and is required to provide Level 2 (stream protection) flow control in accordance with KCSWDM and the City of Federal Way Addendum. Because of the glacial till soil and the imported fill material on the site, stormwater infiltration is not a feasible drainage solution for this project. The project will be constructed on two levels. A four -space surface parking lot and the entrance to an in -building garage will be at street level at the west end of the site, fronting Pacific Highway South. The first main floor of the building will be 10 feet higher, matching the elevation of a natural terrace across the east end of the site, and will have ground -level access to landscape areas behind the building. The building will occupy approximately 53% of the site. All stormwater runoff managed on the site will be tightlined to the existing public storm system at the southwest corner of the site. (See Figure 3 in Section I.) Part C — Performance Standards See Section U. Part D — Flow Control System Roof runoff will be tightlined to a concrete detention vault built into the south side of the building. Coordinating the vault design with the building walls and foundation and a pedestrian plaza to be constructed over the top required that the vault have an active storage depth of 8.5 feet. The top of the vault will be roughly at the elevation of the terrace at the rear of the site. Discharge from the vault will be conveyed by gravity flow to the existing storm system in Pacific Highway South. Federal Way Veterans Center DCI Engineers The 2276 sq. ft. street -level surface parking lot in front of the building is at too low an elevation to drain to the detention vault. We attempted to design a separate detention system for the parking area, but determined that providing both underground detention and the required water quality treatment facility would place the outlet too deep to connect to the 3.4 ft. deep public storm system. Even without the water quality facility, an underground detention pipe or equivalent system would be too deep to make the connection, as would any KCSWDM-compliant surface pond that could fit into the available space. To compensate for the parking lot bypass, the vault design was based on the assumption that the entire 0.55 acre site drains to the vault. The net effect will be to over -detain the flow that actually reaches the vault. Because the required KCSWDM Level 2 design method is focused primarily on flow durations rather than peak flows, it was not feasible to simply reduce flow targets by the amount of the bypass flows, as would commonly be done with other design methods that give equal weight to peak flows and durations. The vault was designed with KCRTS software to limit developed -condition flows to the levels that would be generated by the site under fully forested conditions. The flows will be limited by a two -orifice outlet control riser. The bottom orifice was set at the minimum allowable size of 0.5 inch. As illustrated by the duration analysis graph in the KCRTS output at the end of this section, even this minimum -size orifice is too large to match forested conditions in smaller storms with flows below 0.015 cfs. Above this level, the target durations are met. In an earlier iteration of the detention design with a larger vault with a standard seven - foot depth and six feet of active storage, the same issue was encountered with the smaller flows. Making the vault smaller and deeper to coordinate with the building design did not appear to have a major impact on the flows, because the head increased by only a few inches in the smaller storms. The detention design (see KCRTS output at the end of this section) assumes 0.55 acre of till forest under predeveloped conditions, with 0.16 acre till grass and 0.39 acre impervious surface under developed conditions. The resulting vault will have 6375 cu. ft, of peak storage. The outlet control structure will be located inside the vault. Vault details are illustrated in Figure 7 at the end of this section. The vault will not have direct vehicle access for maintenance. Tom LaVelle of LaVelle Vac & Drainage in Federal Way confirmed for DCI that the vault can be reached by a vacuum hose extended from the parking lot in front of the building. Mr. LaVelle's letter confirming our conversation is included at the end of this section (Figure 8). Based on our correspondence with the Vactor Truck service, all of the vault openings can be accessed with the vacuum hose. In addition to the required flow control described above, KCSWDM section 5.2.1.3 Large Lot High Impervious BMP Requirements, applies to this project. Because the site is Federal Way Veterans Center DCI Engineers larger than 22,000 square sq. ft. and has impervious surface coverage exceeding 65% of the site, flow control BMP's are required to be applied to an impervious surface area equal to 10% of the lot area (2,400 sq. ft. of target impervious surface must discharge to a flow control BMP). Flow control BMP's proposed for this project includes pervious pavements per the stormwater control plan. Part E — Water Quality System The project site is in an Enhanced Basic water quality treatment area. Most of the stormwater runoff to be managed by this project will be generated by non-polluting surfaces. There will be —2,414 sq. ft. PGIS on site due to the surface parking lot on the west end of the site. Page 1-65 of the KCSWDM provides for 5 possible exemptions from Core Requirement #8. This project is subject to water quality treatment exemption #1 for the following reasons: the new PGIS is less than 5,000 sq. ft., the new plus replaced PGIS is less than 5,000 sq. ft., and the new PGPS is less than 35,000 sq. ft.. All but four of the parking stalls are located within the buildings covered parking garage. Wash water from garage cleaning will be collected interior to the garage and will discharge to the sanitary sewer. Treatment of the parking garage wash water will pass through an approved oil/water separator, if required by the sewer district. The design details of the parking garage plumbing have not been established to date. All of the plumbing requirements will be shown on the building plumbing plans when they are completed. Federal Way Veterans Center DCI Engineers SECTION 5.2 FLOW CONTROL BMP REQUIREMENTS No FIGURE 5.2.1.A FLOW CHART FOR DETERMING INDIVIDUAL LOT BMP REQUIREMENTS Is the project on a sitellot smaller than 22,000 square feet? Yes Is it feasible and applicable to implement full Yes No further BMPs Apply one or more of the following to Impervious area dispersion for the required. Note: ? 10% of site/lot for site/lot sizes <11.000 sf and z 20% of roof area as per Any proposed siteliot for siteflot sizes between 11,000 and 22,000 sf (For Section C.2.1? connection of roof projects located in critical aquifer recharge areas these downspouts to impervious area amounts double): No local draina e 1. Limited Infiltration (Section C.2.3) 2. Basic Dispersion (Section C.2.4) 3. Rain Garden (Section C.2.5) 4. Permeable Pavement (Section C.2.6) 5. Rainwater Harvesting (Section C.2.7) 6. Vegetated Roof (Section C.2.8) 7. Reduced Impervious Service Credit (Section C.2.9) B. Native Growth Retention Credit (Section C.2.10) L Is me project on a srtatiol -ra,vuu square teat or larger with impervious surface coverage of45°/° or less? Is it feasible and applicable No to implement _ full infiltration of the roof runoff as per Section C.2.2? i 9 system must be via perforated pipe connection Yes per Section ' �G.2.11. i I Yes Is i# feasible and applicable to implement full dispersion on all target impervious surface as per One or more of the following BMPs must be implerne Section C.2.1? for that portion of target impervious surface not addressed with full dispersion or with full infiltration of roof runoff: 1. Full Infiltration (Section C.2.2 or Section 5.4) 2. Limited Infiltration (Section C.2.3) 3. Basic Dispersion (Section C.2.4) 4. Rain Garden (Section C.2.5) 5. Permeable Pavement (Section C.2.6) 6. Rainwater Harvesting (Section C.2.7) 7. Vegetated Roof (Sectlon C.2.8) 8. Reduced Impervious Service Credit (Section C.2.9) 9. Native Growth Retention Credit tSection C.Z101 I The project must be a sitellot 22,000 square feet or larger with impervious surface coverage of more than 45%? Projects with impervious area greater than 45% and equal to or less than 65% one or more of the following must be applied to an impervious area greater than or equal to 20% of the site or 40% of the target impervious surface whichever is less OR for oroiects greater than 65% impervious one or more of the followinu must be 3�Iea to an Impemous area greater tnan_ar equal to 1aP) or 20% of forget i►»peMous surface, whichever is less: 1. Full Infiltration (Section 5A) 23,957 sf site, 2. Limited Infiltration (Section C.2.3) 10% = 2,396 sf 3. Basic Dispersion (Section C.2.4) 4. Rain Garden (Section C.2.5) 5. Permeable Pavement (Section C.226) 6. Rainwater Harvesting (Section C.2.7) 7. Vegetated Roof (Section C.2.8) 8. Reduced Impervious Service Credit (Section C.2.9) 9. Native Growth Retention Credit (Section C.2.10) Yes No Is it feasible and applicable to implement full Infiltration of the roof runoff as per Section C.2.2 or Section 5.4? Yes Yes Is there any remaining target impervious surface not addressed with full dispersion or with full Infiltration of roof runoff? No Is it feasible and applicable to implement full dispersion on all target impervious surface as per Section C.2.1? Yes No further BMPs required. Note: Any proposed connection of roof downspouts to local drainage system must be via perforated pipe connection per Section C.2.11. No further BMPs required. Note: Any proposed connection of roof downspouts to local i drainage system must be via perforated pipe connection per Section C.2.11. A No N/A --Roof Area Discharges through detention vault. 1/9/2009 5-12 2009 Surface Water Design Manual KCRTS Program ... File Directory: C:\KC SWDM\KC DATA\ [C] CREATE a new Time Series ST P i3..:.S.S f 0.00 0.000000 Till Forest 0.00 0.00 0.000000 Till Pasture 0.00 0.00 0.000000 Till Grass 0.00 0.00 0.000000 Outwash Forest 0.00 0.00 0.000000 Outwash Pasture 0.00 0.00 0.000000 Outwash Grass 0,00 0.00 0.000000 Wetland 0.00 0.00 0.000000 Impervious PREDEV.TSIA T I.00000 [T] Enter the Analysis TOOLS Module [R] RETURN to Previous Menu [C] CREATE a new Time Series ST 0.00 0.00 0.000000 Till Forest 0.00 0.00 4.000000 Till Pasture 0.16' 0.00 0.00000D Till Grass 0.00 0.00 0.000000 Outwash Forest 0.00 0.00 0.000000 Outwash Pasture 0.00 0.00 0.000000 Outwash Grass 0.00 0.00 0.000000 Wetland 0.39 0.00 0,000000 Imperviousp DFv.tsf; T 1.00000 [T] Enter the Analysis TOOLS Module [P] Compute PEAKS and Flow Frequencies predev.tsf PREDEV.PKS [D] Compute Flow DURATION and Exceedence predev.tsf TARGET.dur F 36 0.100000E-02 0.800000E-02 [R] RETURN to Previous Menu [X] eXit KCRTS Program Page 1 of 1 Retention/Detention Facility Type of Facility: Detention Vault Facility Length: 38.75 ft Facility Widtl%: 20.O0, ft Facility Area: 775. sq. ft Effective Storage Depth: 7.75 ft Stage 0 Elevation: 100.00 ft Storage Volume: 6006. cu. ft Riser Head: 7.75: ft Riser Diameter: 8.00 inches Number of orifices: 2 Full Head Pipe Orifice ## Height Diameter Discharge Diameter (ft) (in) (CFS) (in) 1 0.00 0.50 0.019 2 5.25 0.50 0.011 4.0 Top Notch Weir: None Outflow Rating Curve: None Stage Elevation Storage Discharge Percolation (ft) (ft) (cu. ft) (ac-ft) (cfs) (cfs) 0.00 100.00 0. 0.000 0.000 0.00 0.01 100.01 8. 0.000 0.001 0.00 0.02 100.02 16. 0.000 0.001 0.00 0.03 100.03 23. 0.001 0.001 0.00 0.04 100.04 31. 0.001 0.001 0.00 0.05 100.05 39. 0.001 0.001 0.00 0.18 100.18 140. 0.003 0.003 0.00 0.31 100.31 240. 0.006 0.004 0.00 0.44 100.44 341. 0.008 0.005 0.00 0.57 100.57 442. 0.010 0.005 0.00 0.70 100.70 543. 0.012 0.006 0.00 0.84 100.84 651. 0.015 0.006 0.00 0.97 100.97 752. 0.017 0.007 0.00 1.10 101.10 853. 0.020 0.007 0.00 1.23 101.23 953. 0.022 0.008 0.00 1.36 101.36 1054. 0.024 0.008 0.00 1.49 101.49 1155. 0.027 0.008 0.00 1.62 101.62 1256. 0.029 0.009 0.00 1.75 101.75 1356. 0.031 0.009 0.00 1.89 101.89 1465. 0.034 0.009 0.00 2.02 102.02 1566. 0.036 0.010 0.00 2.15 102.15 1666. 0.038 0.010 0.00 2.28 102.28 1767. 0.041 0.010 0.00 2.41 102.41 1868. 0.043 0.011 0.00 2.54 102.54 1969. 0.045 0.011 0.00 2.67 102.67 2069. 0.048 0.011 0.00 2.81 102.81 2178. 0.050 0.011 0.00 2.94 102.94 2279. 0.052 0.012 0.00 3.07 103.07 2379. 0.055 0.012 0.00 3.20 103.20 2480. 0.057 0.012 0.00 3.33 103.33 2581. 0.059 0.012 0.00 3.46 103.46 2682. 0.062 0.013 0.00 3.59 103.59 2782. 0.064 0.013 0.00 3.72 103.72 2883. 0.066 0.013 0.00 3.86 103.86 2992. 0.069 0.013 0.00 3.99 103.99 3092. 0.071 0.014 0.00 4.12 104.12 3193. 0.073 0.014 0.00 4.25 104.25 3294. 0.076 0.014 0.00 4.38 104.38 3395. 0.078 0.014 0.00 4.51 104.51 3495. 0.080 0.014 0.00 4.64 104.64 3596. 0.083 0.015 0.00 4.78 104.78 3705. 0.085 0.015 0.00 4.91 104.91 3805. 0.087 0.015 0.00 5.04 105.04 3906. 0.090 0.015 0.00 5.17 105.17 4007. 0.092 0.015 0.00 5.25 105.25 4069. 0.093 0.016 0.00 5.26 105.26 4077. 0.094 0.016 0.00 5.27 105.27 4084. 0.094 0.016 0.00 5.28 105.28 4092. 0.094 0.017 0.00 5.29 105.29 4100. 0.094 0.017 0.00 5.42 105.42 4201. 0.096 0.019 0.00 5.55 105.55 4301. 0.099 0.020 0.00 5.69 105.69 4410. 0.101 0.021 0.00 5.82 105.82 4511. 0.104 0.021 0.00 5.95 105.95 4611. 0.106 0.022 0.00 6.08 106.08 4712. 0.108 0.023 0.00 6.21 106.21 4813. 0.110 0.024 0.00 6.34 106.34 4914. 0.113 0.024 0.00 6.47 106.47 5014. 0.115 0.025 0.00 6.61 106.61 5123. 0.118 0.025 0.00 6.74 106.74 5224. 0.120 0.026 0.00 6.87 106.87 5324. 0.122 0.026 0.00 7.00 107.00 5425. 0.125 0.027 0.00 7.13 107.13 5526. 0.127 0.027 0.00 7.26 107.26 5627. 0.129 0.028 0.00 7.39 107.39 5727. 0.131 0.028 0.00 7.52 107.52 5828. 0.134 0.029 0.00 7.66 107.66 5937. 0.136 0.029 0.00 7.75 107.75 6006. 0.138 0.030 0.00 7.85 107.85 6084. 0.140 0.235 0.00 7.95 107.95 6161. 0.141 0.611 0.00 8.05 108.05 6239. 0.143 0.951 0.00 8.15 108.15 6316. 0.145 1.090 0.00 8.25 108.25 6394. 0.147 1.220 0.00 8.35 108.35 6471. 0.149 1.330 0.00 8.45 108.45 6549. 0.150 1.440 0.00 8.55 108.55 6626. 0.152 1.540 0.00 8.65 108.65 6704. 0.154 1.630 0.00 8.75 108.75 6781. 0.156 1.710 0.00 8.85 108.85 6859. 0.157 1.800 0.00 8.95 108.95 6936. 0.159 1.870 0.00 9.05 109.05 7014. 0.161 1.950 0.00 9.15 109.15 7091. 0.163 2.020 0.00 9.25 109.25 7169. 0.165 2.090 0.00 9.35 109.35 7246. 0.166 2.160 0.00 9.45 109.45 7324. 0.168 2.230 0.00 9.55 109.55 7401. 0.170 2.290 0.00 Hyd Inflow Outflow Peak Storage 91 0 Target Calc Stage Elev (Cu-Ft) (Ac-Ft) 1 0.22 0.04 0.14 7.80 107.80 6046. 0.139 2 0.11 ******* 0.03 7.56 107.56 5861. 0.135 3 0.11 ******* 0.02 6.44 106.44 4994. 0.115 4 0.12 ******* 0.02 5.71 105.71 4428. 0.102 5 0.13 ******* 0.02 5.56 105.56 4306. 0.099 6 0.07 ******* 0.01 4.16 104.16 3223. 0.074 7 0.09 ******* 0.01 3.04 103.04 2359. 0.054 8 0.10 ******* 0.01 2.63 102.63 2039. 0.047 ---------------------------------- Route Time Series through Facility Inflow Time Series File:dev.tsf Outflow Time Series File:rdout Inflow/Outflow Analysis Peak Inflow Discharge: 0.218 CFS4at 6:00 on Jan 9 in Year 8 Peak Outflow Discharge: 0.136 CFS at 10:00 on Jan 9 in Year 8 Peak Reservoir Stage: 7.80 Ft Peak Reservoir Elev: 107.80 Ft Peak Reservoir Storage: 6046. Cu-Ft 0.139 Ac-Ft Flow Duration from Time Series File:rdout.tsf Cutoff Count Frequency CDF Exceedence_Probability CFS o s o 0.000 37386 60.969 60.969 39.031 0.390E+00 0.001 4984 8.128 69.097 30.903 0.309E+00 0.002 2630 4.289 73.386 26.614 0.266E+00 0.003 1892 3.085 76.471 23.529 0.235E+00 0.004 2314 3.774 80.245 19.755 0.198E+00 0.004 1733 2.826 83.071 16.929 0.169E+00 0.005 3098 5.052 88.123 11.877 0.119E+00 0.006 976 1.592 89.715 10.285 0.103E+00 0.007 1653 2.696 92.410 7.590 0.759E-01 0.008 1084 1.768 94.178 5.822 0.582E-01 0.008 994 1.621 95.799 4.201 0.420E-01 0.009 740 1.207 97.006 2.994 0.299E-01 0.010 178 0.290 97.296 2.704 0.270E-01 0.011 425 0.693 97.989 2.011 0.201E-01 0.011 400 0.652 98.642 1.358 0.136E-01 0.012 243 0.396 99.038 0.962 0.962E-02 0.013 217 0.354 99.392 0.608 0.608E-02 0.014 39 0.064 99.455 0.545 0.545E-02 0.015 123 0.201 99.656 0.344 0.344E-02 0.015 74 0.121 99.777 0.223 0.223E-02 0.016 14 0.023 99.799 0.201 0.201E-02 0.017 3 0.005 99.804 0.196 0.196E-02 0.018 9 0.015 99.819 0.181 0.181E-02 0.019 10 0.016 99.835 0.165 0.165E-02 0.019 13 0.021 99.856 0.144 0.144E-02 0.020 12 0.020 99.876 0.124 0.124E-02 0.021 11 0.018 99.894 0.106 0.106E-02 0.022 10 0.016 99.910 0.090 0.897E-03 0.022 5 0.008 99.918 0.082 0.815E-03 0.023 3 0.005 99.923 0.077 0.766E-03 0.024 11 0.018 99.941 0.059 0.587E-03 0.025 9 0.015 99.956 0.044 0.440E-03 0.026 9 0.015 99.971 0.029 0.294E-03 0.026 4 0.007 99.977 0.023 0.228E-03 0.027 4 0.007 99.984 0.016 0.163E-03 0.028 2 0.003 99.987 0.013 0.130E-03 ---------------------------------- Route Time Series through Facility Inflow Time Series File:dev.tsf Outflow Time Series File:rdout Inflow/Outflow Analysis Peak Inflow Discharge: 0.218 CFS at 6:00 on Jan 9 in Year 8 Peak Outflow Discharge: 0.136 CFS at 10:00 on Jan 9 in Year 8 Peak Reservoir Stage: 7.80 Ft Peak Reservoir Elev: 107.80 Ft Peak Reservoir Storage: 6046. Cu-Ft 0.139 Ac-Ft Flow Duration from Time Series File:rdout.tsf Cutoff Count Frequency CDF Exceedence_Probability CFS s % % 0.000 37386 60.969 60.969 39.031 0.390E+00 0.001 4984 8.128 69.097 30.903 0.309E+00 0.002 2630 4.289 73.386 26.614 0.266E+00 0.003 1892 3.085 76.471 23.529 0.235E+00 0.004 2314 3.774 80.245 19.755 0.198E+00 0.004 1733 2.826 83.071 16.929 0.169E+00 0.005 3098 5.052 88.123 11.877 0.119E+00 0.006 976 1.592 89.715 10.285 0.103E+00 0.007 1653 2.696 92.410 7.590 0.759E-01 0.008 1084 1.768 94.178 5.822 0.582E-01 0.008 994 1.621 95.799 4.201 0.420E-01 0.009 740 1.207 97.006 2.994 0.299E-01 0.010 178 0.290 97.296 2.704 0.270E-01 0.011 425 0.693 97.989 2.011 0.201E-01 0.011 400 0.652 98.642 1.358 0.136E-01 0.012 243 0.396 99.038 0.962 0.962E-02 0.013 217 0.354 99.392 0.608 0.608E-02 0.014 39 0.064 99.455 0.545 0.545E-02 0.015 123 0.201 99.656 0.344 0.344E-02 0.015 74 0.121 99.777 0.223 0.223E-02 0.016 14 0.023 99.799 0.201 0.201E-02 0.017 3 0.005 99.804 0.196 0.196E-02 0.018 9 0.015 99.819 0.181 0.181E-02 0.019 10 0.016 99.835 0.165 0.165E-02 0.019 13 0.021 99.856 0.144 0.144E-02 0.020 12 0.020 99.876 0.124 0.124E-02 0.021 11 0.018 99.894 0.106 0.106E-02 0.022 10 0.016 99.910 0.090 0.897E-03 0.022 5 0.008 99.918 0.082 0.815E-03 0.023 3 0.005 99.923 0.077 0.766E-03 0.024 11 0.018 99.941 0.059 0.587E-03 0.025 9 0.015 99.956 0.044 0.440E-03 0.026 9 0.015 99.971 0.029 0.294E-03 0.026 4 0.007 99.977 0.023 0.228E-03 0.027 4 0.007 99.984 0.016 0.163E-03 0.028 2 0.003 99.987 0.013 0.130E-03 0 o 0 O tlo*o Eo'o zo'o Wo 00,0CD 0 (S-40) a6JeyDSiQ A -STCB-557 •RIM=437.. .37. /Z PRINT OF 1ING BLDG (TYP) c; 0, -zo 401 SCALE IN FEET 1" = 20' PROJECT NO: 14012-0013 FEDERAL WAY VETERANS CENTER EXISTING CONDITIONS c-> Drahicue exhibit.dwo 04 Sep 2014 — 7.58 am #OP16 ate 7 WEST 7,� Np0-scacE DEtFN'uvu *44 LT INLESS MAX 449.75 449.75 L-:11 - 9i'] DEtA►ts �I OPEN TOP OF B-�j 1 I I TOP OUTLET RISER I{ I f` L1I {I RISER447.75 447.75 9 DI OUTLET 8' DI OUTLET IE 440.00 ITI 440.00 " I fff (SOUTH WALL) (SOUTH WALL) 4'x4V SUMP. SEE OUTLET CONTROL DETAIL ON THIS SHEET 0604,r g 'La Velk\ VAC 8_ DRAINAGE- 1,U' PO Box 3028 Federal Way, WA 98063 253-815-0988 — office 253-815-0325 - fax May 5th, 2014 To: DCI Engineers Attn: John Cherry Re: Detention Vault Accessibility for cleaning We can access and clean the underground storage detention vault that you are working on designing. We can vacuum up to 500 ft from where we park the truck. It would also need a trained Confined space technician to complete the cleaning. Please let us know if you need any other assistance in this matter. Thank you, Tom LaVelle Owner LaVelle Vac & Drainage, LLC FAG uRE q ACCESS COVER !vsaSi�+w�► ra - �i� �� STORMFILTER �f CARTRIDGE (IS- METAL Rx) PERMANENT POOL ELEVATION CARTRIDGE SUPPORT FLOW KIT CATCHBASIN FOOT (IYP. OF 4) SYOR MM10 MAU NOT 70 SCALE FEDERAL WAY RE010 OM CONCRETE COLLAR _ AND REBAR TO MEET HS20 IF APPLICABLE BY THE CITY OF FEDERAL WAY REQUIRES THE OTRNER TO OBTAIN A ,NEAR CONTRACTOR MAINTENANCE AGREDOJT FROM THE MANUFACTURER, FACTIREi , INQIAING CARTRIDGE REMOVAL R VAULT CLEAW. T O1MEii SHILL PitO'JL)E A 1FJ3E-Y (WMNIY} (ERTF7CATE OF 1 A COI!'i L)ANNCE SSATRNG 7}NAT MANiE)IANCE HA5 BEIII COUFf.E-EE'A BY THE MANUFACTURER CER7MlE SHALL BE DIRECTED TO THE SURFACE Ya �+ *AIR DIVISION MANAGER. N � 1� SITE SPECIFIC DATA REQUIREMENTS VANED INLET GRATE STRUCTURE ID CB-5 (SOLID COVER OPTIONAL) WATFR CII IAI n i' FI nW RATF 1-%% — OPTIONAL SLOPED LID FILTRATION BAY INLET INLET STUB (OPTIONAL) (NOT USED) I CLEANOUT E3 ACCESS PLUG ON WEIR WALL SECTION A -A INLET PIPE #1 FLOATABLES BAFFLE PERMANENT LIFTING EYE POOL ELEVATION O YP, OF 4) FINISHED GRADE WEIR WALL z FILTRATION BAY INLET fl FLOW I `\\ IN STUB L OUTLET STUB (OPTIONAL) 11 (NOT USED) OUTLET PIPE FROM FLOWKIT 2'-D. CATCHBASIN FOOT U fNSIDE (fYP OF 4) 2'1�' OTSIDE SECTION V — CONVEYANCE SYSTEM ANALYSIS & DESIGN All conveyance pipes for this project will be smooth -interior 8-inch PVC or HDPE. The KCRTS analysis determined that the peak unmitigated runoff from the entire site under developed conditions will be 0.218 cfs (100 year event). The conveyance analysis in Figure 11 at the end of this section demonstrates that an 8-inch pipe at 0.5% slope has a capacity of 0.987 cfs. No single pipe in the proposed system will be laid that flat or carry the flow from the entire site. Consequently, we conclude that the conveyance system is adequately sized for this project. Federal Way Veterans Center DCI Engineers SA(Re 11 p N � t U N � N L O L ID � O rr�� vJ 0 i� IQ o �- 0 �o ' o 0 C) �a L c*•I -� C'•1 +� v vi L C L � a a a� 4w 4) tu SECTION VI — SPECIAL REPORTS & STUDIES Federal Way Veterans Center DCI Engineers mom 1 LU RILEYGROUP GEOTECHNICAL ENGINEERING REPORT PREPARED BY: THE RILEY GROUP, INC. 17522 BOTHELL WAY NORTHEAST BOTHELL, WASHINGTON 98011 PREPARED FOR: MR. ROBIN CORAK MSC FEDERAL WAY VETERANS, LLC 1200 SOUTH 336TH STREET FEDERAL WAY, WASHINGTON 98003 RGI PROJECT No. 2014-077 GEOTECHNICAL ENGINEERING REPORT FEDERAL WAY MULTI -SERVICE CENTER 29404 PACIFIC HIGHWAY SOUTH FEDERAL WAY, WASHINGTON 98003 APRIL 18, 2014 Corporate Office 17522 Bothell Way Northeast Bothell, Washington 98011 Phone 425.415.0551 Fax 425.415, 0311 www.riley-group.com mom I LW RILEYGROUP' April 18, 2014 Mr. Robin Corak MSC Federal Way Veterans, LLC 1200 South 336th Street Federal Way, Washington 98003 Subject: Geotechnical Engineering Report Federal Way Multi -Service Center 29404 Pacific Highway South Federal Way, Washington 98003 RGI Project No. 2014-077 Dear Mr. Corak: As requested, The Riley Group, Inc. (RGI) has performed a Geotechnical Engineering Report (GER) for the above -referenced subject site. Our services were completed in accordance with our general scope of work forwarded to you April 8, 2014. The information in this report is based on our understanding of the proposed construction, and the soil and groundwater conditions encountered in the test borings completed by RGI at the site on April 15, 2014. RGI recommends that you submit the project plans and specifications to RGI for a general review so that we may confirm that the recommendations in this report are interpreted and implemented properly in the construction documents. RGI also recommends that a representative of our firm be present on site during portions of the project construction to confirm that the soil and groundwater conditions are consistent with those that form the basis for the engineering recommendations in this report. If you have any questions or require additional information, please contact us. Sincerely yours, rr 2698 r� f-RIC L. WOODS E-rie4_—WE ae s;14 --� Project Geologist Tacoma, Washington Phone 253.565.0552 RTIrIQf ii1� 3� sa� o we Ol �srcSt� ;ZNAI.C�C Ricky R. Wang, PhD, PE Principal Engineer Corporale Office 17522Bothell KVNmheasl Bothell, Washington 98011 Phone 425.415.0551 F,7x 425.415.0311 4/3/2o Kennewick, Washington Phone 509.586.4840 i u ivile?-group.cons Geotechnical Engineering Report Federal Way Multi -Service Center, Federal Way, Washington TABLE OF CONTENTS April18, 2014 RGI Project No. 2014-077 1.0 INTRODUCTION.............................................................................................................................1 2.0 PROJECT DESCRIPTION..................................................................................................................1 3.0 FIELD EXPLORATION AND LABORATORY TESTING.........................................................................2 3.1 FIELD EXPLORATION................................................................................................................................ 2 3.2 LABORATORY TESTING............................................................................................................................. 2 4.0 SITE CONDITIONS..........................................................................................................................2 4.1 SURFACE...............................................................................................................................................2 4.2 GEOLOGY..............................................................................................................................................2 4.3 SOILS.................................................................................................................................................... 3 4.4 GROUNDWATER.....................................................................................................................................3 4.5 SEISMIC CONSIDERATIONS........................................................................................................................ 3 4.6 GEOLOGIC HAZARD AREAS....................................................................................................................... 4 5.0 DISCUSSION AND RECOMMENDATIONS....................................................................................... S 5.1 GEOTECHNICAL CONSIDERATIONS ..............................................................................................................5 5.1.1 Erosion and Sediment Control.. ................ __ ...................... ..................................................... 5 5.1.2 Stripping....................................................................................................................................6 5.1.3 Excavations................................................................................................................................6 5.2 SHORING RECOMMENDATIONS.................................................................................................................. 7 5.2.1 Soil Conditions........................................................................................................................... 7 5.2.2 Groundwater Conditions........................................................................................................... 7 5.2.3 Soldier Pile Shoring................................................................................................................... 7 5.2.4 Lagging...................................................................................................................................... 9 5.2.5 Construction Monitoring.........................................................................................................10 5.2.6 Survey Monitoring...................................................................................................................10 5.3 EARTHWORK........................................................................................................................................10 5.3.1 Site Preparation......................................................................................................................10 5.3.2 Structural Fill...........................................................................................................................11 5.3.3 Cut and Fill Slopes................................................................................................................... 12 5.3.4 Wet Weather Construction Considerations............................................................................ 12 5.4 FOUNDATIONS..................................................................................................................................... 13 5.5 RETAINING WALLS................................................................................................................................ 14 5.6 SLAB -ON -GRADE CONSTRUCTION............................................................................................................ 14 5.7 DRAINAGE...........................................................................................................................................15 5.7.1 Surface Drainage..._-.. ............................................................................................................ 15 5.7.2 Infiltration............................................................................................................................... 15 5.8 UTILITIES.............................................................................................................................................15 5.9 PAVEMENTS.........................................................................................................................................15 6.0 ADDITIONAL SERVICES................................................................................................................16 7.0 LIMITATIONS...............................................................................................................................17 I I = LW RILEYGROUP Geotechnical Engineering Report April 18, 2014 Federal Way Multi -Service Center, Federal Way, Washington RGI Project No. 2014-077 LIST OF FIGURES AND APPENDICES Figure1................................................................................................................... Site Vicinity Map Figure 2.............................................................................................. Geotechnical Exploration Plan Figure 3............................................................................................... Soldier Pile Pressure Diagram Figure 4............................................................................................ Retaining Wall Drainage Detail Figure 5............................................................................................ Basement Wall Drainage Detail Append&A........................................................................ Field Exploration and Laboratory Testing 1 ►U RILEYGROIIP Geotechnical Engineering Report April 18, 2014 Federal Way Multi -Service Center, Federal Way, Washington RGI Project No. 2014-077 Executive Summary This Executive Summary should be used in conjunction with the entire Geotechnical Engineering Report (GER) for design and/or construction purposes. It should be recognized that specific details were not included or fully developed in this section, and the report must be read in its entirety for a comprehensive understanding of the items contained herein. Section 7.0 should be read for an understanding of limitations. RGI's geotechnical scope of work included the advancement of four test borings to a depth of 20.5 feet below ground surface (bgs). Based on the information obtained from our subsurface exploration, the site is suitable for development of the proposed project. The following geotechnical considerations were identified: Soil Conditions: The soils encountered during field exploration include 2 to 5 feet of medium dense to very dense fill and surficial soils comprised of silty sand with some gravel over very dense glacial till consisting of silty sand with some gravel. Groundwater: Groundwater seepage was encountered in three boring locations at depths of 10 to 20 feet during our subsurface exploration. Foundations: Foundations for the proposed building may be supported on conventional spread footings bearing on very dense native soil. Slab -on -grade: Slab -on -grade floors and slabs for the proposed building can be supported on very dense native soil. Pavements: The following pavement sections are recommended: ➢ For general parking: 2 inches of asphalt concrete (AC) over 4 inches of crushed rock base (CRB) ➢ For driveway and heavy traffic area: 3 inches of AC over 6 inches of CRB min I ■W RILEYGROUP Geotechnical Engineering Report Page 1 April 18, 2014 Federal Way Multi -Service Center, Federal Way, Washington RGI Project No. 2014-077 1.0 Introduction This Geotechnical Engineering Report (GER) presents the results of the geotechnical engineering services provided for the Federal Way Multi -Service Center located at 29404 Pacific Highway South in Federal Way, Washington. The approximate location of the site is shown on Figure 1. The recommendations in the following sections of this GER are based upon our current understanding of the proposed site development as outlined below. If actual features vary or changes are made, we should review them in order to modify our recommendations as required. In addition, RGI requests to review the site grading plan, final design drawings and specifications when available to verify that our project understanding is correct and that our recommendations have been properly interpreted and incorporated into the project design and construction. 2.0 Project description The project site is located at 29404 Pacific Highway South in Federal Way, Washington. The approximate location of the site is shown on Figure 1. The site consists of two parcels of lands with a total area about 0.55 acre in size. We understand it is proposed to demolish the two buildings on site and construct a Type VA wood -framed five story building. The first level will be partially below grade and will consist of parking, mechanical and electrical, entry foyer, three units and a program room. Our understanding of the project is based on Schematic Design prepared by Baylis Architects dated March 24, 2014. At the time of preparing this report, detailed project plans were not available for our review. Based on our experience with similar construction, RGI anticipates that the proposed building will be supported on perimeter walls with bearing loads of 5 to 10 kips per linear foot, and a series of columns with a maximum load up to 150 kips. Slab -on - grade floor loading of 250 pounds per square foot (psf) are expected. Based on the topography, RGI expects that an excavation about 10 feet will be needed in the eastern portion of the site to reach proposed finish grade. mom I ■M RILEYGROUR Geotechnical Engineering Report Page 2 April 18, 2014 Federal Way Multi -Service Center, Federal Way, Washington RGI Project No. 2014-077 3.0 Field Exploration and Laboratory Testing 3.1 FIELD EXPLORATION On April 15, 2014, RGI observed the drilling of four test borings to depths up to 20.5 feet bgs. The approximate exploration locations are shown on Figure 2. Field logs of each exploration were prepared by the geologist that continuously observed the excavation. These logs included visual classifications of the materials encountered during excavation as well as our interpretation of the subsurface conditions between samples. The test pit logs included in Appendix A represent an interpretation of the field logs and include modifications based on laboratory observation and analysis of the samples. 3.2 LABORATORY TESTING During the field investigation, a representative portion of each recovered sample was sealed in containers and transported to our laboratory for further visual and laboratory examination. Selected samples retrieved from the borings were tested for moisture content and grain -size analysis to aid in soil classification and provide input for the recommendations provided in this GER. The results and descriptions of the laboratory tests are enclosed in Appendix A. 4.0 Site Conditions 4.1 SURFACE The subject site is a rectangular -shaped area located at 29404 Pacific Highway South in Federal Way, Washington. The site is bordered to the north and south by commercial properties, to the east by residential property, and to the west by Pacific Highway South. The site is occupied by a vacant commercial building in the western of the site and a residential building in the eastern portion of the site. The area between the buildings is gravel surfaced parking behind the commercial building and lawn and trees adjacent to the residential building. The western portion of the site is flat with an elevation of 439 and the eastern portion of the site is 5 to 8 feet higher in elevation. 4.2 GEOLOGY Review of the Geologic Map of the Poverty Bay 7.5' Quadrangle, King and Pierce Counties, Washington, by Booth, etc. (2004) indicates that the soil in the project vicinity is mapped as Till (Qvt), which is a compact, unstratified mixture of clay, silt, sand, and gravel, deposited beneath the advancing Vashon glacier. These descriptions are generally similar to the native soils encountered during our field explorations. � 1 � 1 L- RILEYGROUP Geotechnical Engineering Report Page 3 April 18, 2014 Federal Way Multi -Service Center, Federal Way, Washington RGI Project No. 2014-077 4.3 SOILS The soils encountered during field exploration include 2 to 5 feet of medium dense to very dense fill and surficial soils comprised of silty sand with some gravel over very dense glacial till consisting of silty sand with some gravel. Fills up to depths of about 2 feet were encountered at Borings B-1 and B-2 in the gravel parking area behind the commercial building on the western portion of the site. More detailed descriptions of the subsurface conditions encountered are included in Appendix A. Sieve analysis was performed on two selected soil samples. Grain size distribution curves are included in Appendix A. 4.4 GROUNDWATER Groundwater seepage was encountered in three boring locations at depths of 10 to 20 feet during our subsurface exploration. The seepage appears to be seasonal groundwater collecting in sand lenses within the glacial till. It should be recognized that fluctuations of the groundwater table will occur due to seasonal variations in the amount of rainfall, runoff, and other factors not evident at the time the explorations were performed. In addition, perched water can develop within seams and layers contained in fill soils or higher permeability soils overlying less permeable soils following periods of heavy or prolonged precipitation. Therefore, groundwater levels during construction or at other times in the future may be higher or lower than the levels indicated on the logs. Groundwater level fluctuations should be considered when developing the design and construction plans for the project 4.5 SEISMIC CONSIDERATIONS Based on the 2012 International Building Code (IBC), RGI recommends the follow seismic parameters in Table 1 be used for design. 1 I ■W RILEYGROUP Geotechnical Engineering Report Page 4 Federal Way Multi -Service Center, Federal Way, Washington Table 1 IBC Seismic Parameters 2Q12113C Parameter Site Soil Class' Site Latitude Site Longitude Maximum considered earthquake spectral response acceleration parameters (g) Spectral response acceleration parameters adjusted for site class (g) Design spectral response acceleration parameters (g) April 18, 2014 RGI Project No. 2014-077 Value 47.33841 N 122.31185 W S,=1.309, 51=0.500 Sm5=1.309, Sml =0.650 Sd,=0.872, Sill =0.433 1 Note: In general accordance with the USGS 2012 International Building Code. IBC Site Class is based on the average characteristics of the upper 100 feet of the subsurface profile. 2 Note: The 2012 International Building Code requires a site soil profile determination extending to a depth of 100 feet for seismic site classification. The current scope of our services does not include the required 100 foot soil profile determination. Test borings extended to a maximum depth of 20.5 feet, and this seismic site class definition considers that hard soil continues below the maximum depth ofthe subsurface exploration. Liquefaction is a phenomenon where there is a reduction or complete loss of soil strength due to an increase in water pressure induced by vibrations from a seismic event. Liquefaction mainly affects geologically recent deposits of fine-grained sands that are below the groundwater table. Soils of this nature derive their strength from intergranular friction. The generated water pressure or pore pressure essentially separates the soil grains and eliminates this intergranular friction, thus reducing or eliminating the soil's strength. RGI reviewed the results of the field and laboratory testing and assessed the potential for liquefaction of the site's soil during an earthquake. Since the site is underlain by very dense glacial till, RGI considers that the possibility of liquefaction during an earthquake is minimal. 4.6 GEOLOGIC HAZARD AREAS Regulated geologically hazardous areas include erosion, landslide, earthquake, or other geological hazards. Based on the surface and subsurface conditions observed, the site does not contain geologically hazardous areas. ■oo kv RILEYGROUP Geotechnical Engineering Report Page 5 April 18, 2014 Federal Way Multi -Service Center, Federal Way, Washington RGI Project No. 2014-077 5.0 Discussion and Recommendations 5.1 GEOTECHNICAL CONSIDERATIONS Based on our study, the site is suitable for the proposed construction from a geotechnical standpoint. The dense to very dense native soil is suitable for supporting the proposed foundations and slab -on -grade. Pavements can be supported on the competent native soils. Detailed recommendations regarding the above issues and other geotechnical design considerations are provided in the following sections. These recommendations should be incorporated into the final design drawings and construction specifications. 5.1.1 EROSION AND SEDIMENT CONTROL Potential sources or causes of erosion and sedimentation depend on construction methods, slope length and gradient, amount of soil exposed and/or disturbed, soil type, construction sequencing and weather. The impacts on erosion -prone areas can be reduced by implementing an erosion and sedimentation control plan. The plan should be designed in accordance with applicable city and/or county standards. RGI recommends the following erosion control Best Management Practices (BMPs): ➢ Scheduling site preparation and grading for the drier summer and early fall months and undertaking activities that expose soil during periods of little or no rainfall ➢ Retaining existing vegetation whenever feasible ➢ Establishing a quarry spall construction entrance ➢ Installing siltation control fencing or anchored straw or coir wattles on the downhill side of work areas ➢ Covering soil stockpiles with anchored plastic sheeting ➢ Revegetating or mulching exposed soils with a minimum 3-inch thickness of straw if surfaces will be left undisturbed for more than one day during wet weather or one week in dry weather ➢ Directing runoff away from exposed soils and slopes ➢ Minimizing the length and steepness of slopes with exposed soils and cover excavation surfaces with anchored plastic sheeting (Graded and disturbed slopes should be tracked in place with the equipment running perpendicular to the slope contours so that the track marks provide a texture to help resist erosion and channeling. Some sloughing and raveling of slopes with exposed or disturbed soil should be expected.) ➢ Decreasing runoff velocities with check dams, straw bales or coir wattles ELM RHYGROUP Geotechnical Engineering Report Page 6 April 18, 2014 Federal Way Multi -Service Center, Federal Way, Washington RGI Project No. 2014-077 ➢ Confining sediment to the project site ➢ Inspecting and maintaining erosion and sediment control measures frequently (The contractor should be aware that inspection and maintenance of erosion control BMPs is critical toward their satisfactory performance. Repair and/or replacement of dysfunctional erosion control elements should be anticipated.) Permanent erosion protection should be provided by reestablishing vegetation using hydroseeding and/or landscape planting. Until the permanent erosion protection is established, site monitoring should be performed by qualified personnel to evaluate the effectiveness of the erosion control measures. Provisions for modifications to the erosion control system based on monitoring observations should be included in the erosion and sedimentation control plan. 5.1.2 STRIPPING Stripping efforts should include removal of pavements, vegetation, organic materials, and deleterious debris from areas slated for building, pavement, and utility construction. Based on the thickness of the topsoil at the boring locations, we anticipate stripping depths from 6 to 12 inches in the vegetated areas of the site. Deeper areas of stripping will be necessary to remove the root balls of the large trees. 5.1.3 EXCAVATIONS All temporary cut slopes associated with the site and utility excavations should be adequately inclined to prevent sloughing and collapse. Based on OSHA regulations, the dense native soil classifies as a Group A soil and fill classifies as a Group C soil. Accordingly, for excavations more than 4 feet but less than 20 feet in depth, the temporary side slopes should be laid back with a minimum slope inclination of 1.5H:1V (Horizontal:Vertical) in upper 5 feet and 3/4H:1V for below 5 feet. If there is insufficient room to complete the excavations in this manner, or excavations greater than 20 feet in depth are planned, using temporary shoring to support the excavations should be considered. For open cuts at the site, RGI recommends: ➢ No traffic, construction equipment, stockpiles or building supplies are allowed at the top of cut slopes within a distance of at least 5 feet from the top of the cut. ➢ Exposed soil along the slope is protected from surface erosion using waterproof tarps and/or plastic sheeting. ➢ Construction activities are scheduled so that the length of time the temporary cut is left open is minimized. ➢ Surface water is diverted away from the excavation. ➢ The general condition of slopes should be observed periodically by a geotechnical engineer to confirm adequate stability and erosion control measures. ■ow I LW RILEYGROUP Geotechnical Engineering Report Page 7 April 18, 2014 Federal Way Multi -Service Center, Federal Way, Washington RGI Project No. 2014-077 In all cases, however, appropriate inclinations will depend on the actual soil and groundwater conditions encountered during earthwork. Ultimately, the site contractor must be responsible for maintaining safe excavation slopes that comply with applicable OSHA or WISHA guidelines. 5.2 SHORING RECOMMENDATIONS RGI anticipates that an excavation approximately 10 feet deep will be necessary at the site to accommodate the proposed basement of the building. Shoring will be necessary along property lines. Our geotechnical comments and recommendations concerning site shoring are presented below. 5.2.1 SOIL CONDITIONS Based on our explorations, RGI anticipates that the on -site excavation will encounter fill soils underlain by very dense native soil. These soils can be readily excavated with conventional earthworking equipment. Although our explorations did not reveal rubble within the fill soils or boulders within the native soils, such obstacles could be present at random locations within these deposits. 5.2.2 GROUNDWATER CONDITIONS Groundwater was encountered at different depth from 10 to 20 feet bgs during site exploration. RGI expects that the site excavation may encounter perched seepage layers, depending on the actual excavation depth and time of year. Ideally, the site excavation would be performed in the summer months. RGI does not expect that groundwater will have significant impact to the proposed development if the construction occurs in summer months. 5.2.3 SOLDIER PILE SHORING In our opinion, soldier piles can be used in a cantilevered configuration for shoring the proposed excavation sidewalls at the site. The following geotechnical comments and recommendations are provided concerning soldier piles. Soldier Pile Embedment All soldier piles must have sufficient embedment below the final excavation level to provide adequate kick -out resistance to horizontal loads, as calculated by the design engineer. For cantilevered soldier piles, RGI recommends that the embedment depth not be less than the 1.2 times the exposed wall height or a minimum of 10 feet, whichever is more. mom L- RILEYGROUP Geotechnical Engineering Report Page 8 April 18, 2014 Federal Way Multi -Service Center, Federal Way, Washington RGI Project No. 2014-077 Drilling Conditions Our subsurface explorations indicate the site is underlain by loose to medium dense fill over medium dense to very dense native soil. These soils can likely be drilled with a conventional auger, but the very dense soil below the bottom of excavation will undoubtedly yield slow drilling rates. Although none of our explorations encountered cobbles or boulders, it should be realized that such obstructions could exist at random locations within these deposits. Groundwater seepage may be encountered in the soldier pile holes. Applied loads All soldier piles at the subject site should be designed to resist the various lateral loads applied to them. For a temporary shoring wall, RGI expects that these lateral loads will consist of active or at -rest pressures and possibly traffic surcharge or structural surcharge pressures, depending on the specific wall location. For a shoring wall that has adequate drainage, RGI does not expect that hydrostatic pressures will need to be considered. Our recommended design pressures are presented graphically on Figure 3 and are discussed in the following paragraphs. ➢ Active Earth Pressures: Cantilevered walls can be designed using active earth pressures modeled as the equivalent fluid densities shown on Figure 3. From the backslope level to the foreslope level, these active pressures should be applied over the soldier pile spacing; below the foreslope level, the pressures need be applied over just one pile diameter. ➢ Structural Surcharge Pressures: Lateral earth pressures acting on the soldier piles should be increased to account for any structural loads located within a horizontal distance equal to half the wall height. If existing footings or other structural loads are found to exist within this distance, RGI should be contacted to calculate the appropriate surcharge pressures. ➢ Traffic Surcharge Pressures: Lateral earth pressures acting on the soldier piles should be increased to account for traffic, construction equipment, material stockpiles, or other temporary loads located within a horizontal distance equal to half the wall height. The alleyway located adjacent to the eastern site boundary will result in a traffic surcharge. For light to moderately heavy vehicles, this traffic surcharge can be modeled as a uniform lateral pressure of 75 psf acting over the upper 8 feet of wall; or heavy vehicles, such as concrete trucks, a value of 150 psf would be more appropriate. ➢ Hydrostatic Pressures: If groundwater is allowed to collect behind the shoring wall, a net hydrostatic pressure of 50 pounds per cubic foot (pcf) would act against ■1= 1kV RILEYGRQLIP Geotechnical Engineering Report Page 9 April 18, 2014 Federal Way Muly-Service Center, Federal Way, Washington RGI Project No. 2014-077 the portion of wall above the foreslope level and below the saturation level. However, if adequate drainage is provided behind the shoring wall, RGI expects that hydrostatic pressures will not develop. ➢ Resisting Forces: Lateral resistance can be computed by using an appropriate passive earth pressure acting over the embedded portion of each soldier pile, neglecting the upper 2 feet. This passive pressure should be applied over a lateral distance equal to the pile spacing or twice the pile diameter, whichever is less. For a level foreslope (measured perpendicular to the wall face), RGI recommends using a maximum allowable passive pressure modeled as an equivalent fluid density of 400 pounds pcf, based on a safety factor of 1.5 or more. ➢ Pile Deflections: Lateral deflections for a soldier pile can be calculated from the horizontal modulus of subgrade reaction, which generally increases with depth. As a reasonable approximation, however, a uniform modulus of 250 pounds per cubic inch (pci) can be used. 5.2.4 LAGGING RGI recommends that lagging be installed between all adjacent soldier piles to reduce the potential for soil caving, backslope subsidence, and hazardous working conditions. Our geotechnical comments and recommendations about lagging are presented below. Lagging Materials In our opinion, either conventional wooden timbers or reinforced shotcrete panels could be utilized as lagging at the site, but the former would likely be much less expensive. For permanent shoring wall applications, RGI typically recommends that all wooden timber lagging be pressure -treated. Lateral Pressures Due to soil arching effects, temporary lagging that spans 8 feet or less need be designed for only 50 percent of the lateral earth pressure previously recommended for soldier pile design. Permanent lagging, on the other hand, should be designed for 75 percent of this same lateral earth pressure. In both cases, these values assume that adequate drainage is provided behind the lagging, as discussed below. Lagging Backfill RGI recommends that any voids behind the lagging be backfilled with a material sufficiently pervious to allow groundwater flow and prevent a build-up of hydrostatic pressure. For this reason, permeable materials such as granular excavation spoils, clean sand, or pea gravel are suitable as backfill material, whereas silty soils, cement grout, controlled -density fill, or other less -permeable materials are not suitable. o LW RILEYGROUP Geotechnical Engineering Report Page 10 April 18, 2014 Federal Way Muhi-ServICL Center, Federal Way, Washington RGI Project No. 2014-077 Drainage System RGI recommends that all lagging backfill material connect to a continuous horizontal drain located in front of the wall. This can be accomplished either by extending gravel under the lagging or by providing gaps between the lagging boards. If concrete or shotcrete walls are to be placed against wooden lagging, prefabricated vertical drainage strips (such as MiraDRAIN 6000®) should be attached to each lagging bay. 5.2.5 CONSTRUCTION MONITORING Because shoring requires specialized installation and earthwork techniques to maintain stable conditions during and after construction, RGI strongly recommends that an RGI representative be retained to continuously monitor all construction activities. This would include observation and documentation of installation procedures, construction materials, and drilling conditions. 5.2.6 SURVEY MONITORING A monitoring program must be implemented to verify the performance of the shoring system and possible excavation effects on neighboring buildings and existing streets. The first step in this program should consist of surveying building feature elevations and documenting the condition of the existing properties, alley and adjacent buildings. This documentation should include a photographic record. Monitoring points should be set by a licensed surveyor on the adjacent streets and structures at a maximum of 25-foot intervals with a minimum of two on each side of the excavation. Monitoring of the shoring system should occur two times per week as the excavation proceeds and then once every 2 weeks once the excavation is completed. A registered land surveyor should be retained to establish the baseline data and obtain the bi-weekly readings. Monitoring data can be obtained by the project contractor. Monitoring should continue until the permanent new lower walls are adequately braced and should include surveying the vertical and horizontal alignment of the top of every other soldier pile. The project's structural and geotechnical engineers should review the monitoring data weekly. 5.3 EARTHWORK Based on the site grades, RGI anticipates the earthwork will include cuts and fills to reach subgrade elevations for the building and parking lot grades, installing underground utilities and excavating and backfilling the building foundations. 5.3.1 SITE PREPARATION Subgrade soils that become disturbed due to elevated moisture conditions should be overexcavated to reveal firm, non -yielding, non -organic soils and backfilled with � 1 � RILEYGROUP Geotechnical Engineering Report Page 11 April 18, 2014 Federal Way Multi -Service Center, Federal Way, Washington RGI Project No. 2014-077 compacted structural fill. If earthwork is completed during the wet season (typically November through May) it will be necessary to take extra precautionary measures to protect subgrade soils. Wet season earthwork will require additional mitigative measures beyond that which would be expected during the drier summer and fall months. 5.3.2 STRUCTURAL FILL RGI recommends fill below the foundation and floor slab, behind retaining walls, and below pavement and hardscape surfaces be placed in accordance with the following recommendations for structural fill. The structural fill should be placed after completion of site preparation procedures as described above. RGI recommends placing structural fill in lifts not exceeding 12 inches in loose thickness and thoroughly compacted as specified in Table 3. The suitability of soils for compacted structural fill use will depend on the gradation and moisture content of the soil when it is placed. As the amount of fines (that portion passing the US. No. 200 sieve) increases, soil becomes increasingly sensitive to small changes in moisture content and adequate compaction becomes more difficult or impossible to achieve. Soils containing more than about 5 percent fines cannot be consistently compacted to a dense, non -yielding condition when the moisture content is more than 2 percent above or below optimum. Optimum moisture content is that moisture which results in the greatest compacted dry density with a specified compactive effort. The native soil encountered is suitable for re -use as structural fill if the moisture can be property controlled. If the construction occurs in wet winter, RGI recommends import structural fill be used for all grading and backfill. The import material must meet the grading requirements listed in Table 2 in order to be used as structural fill. Table 2 Structural Fill Gradation U.S. Sieve Size Percent Passing 3 inches 100 No. 4 sieve 75 percent No. 200 sieve 5 percent * *Based on minus 3/4 inch fraction. Prior to use, an RGI representative should observe and test all materials imported to the site for use as structural fill. Structural fill materials should be placed in uniform loose layers not exceeding 12 inches and compacted as specified in Table 4. The soil's maximum density and optimum moisture should be determined by American Society of Testing and aim h- RILEYGROUP Geotechnica/ Engineering Report Page 12 April 18, 2014 Federal Way Multi -Service Center, Federal Way, Washington RGI Project No. 2014-077 Materials D1557-09 Standard Test Methods for Laboratory Compaction Characteristics of Soil Using Modified Effort (ASTM D1557). Table 3 Structural Fill Compaction ASTM D1557 Location Minimum Moisture Content Material Type Compaction Range Percentage Foundations On -site granular or approved 95 +2 -2 imported fill soils: Retaining Wall Backfill On -site granular or approved 92 +2 -2 imported fill soils: Slab -on -grade On -site granular or approved 95 +2 -2 imported fill soils: General Fill (non- On -site granular or approved structural areas) 90 +3 -2 imported fill soils: Pavement — Subgrade On -site granular or approved and Base Course imported fill soils: 95 +2 -2 Placement and compaction of structural fill should be observed by RGI. A representative number of in -place density tests should be performed as the fill is being placed to confirm that the recommended level of compaction is achieved. 5.3.3 CUT AND FILL SLOPES All permanent cut and fill slopes should be graded with a finished inclination no greater than 2H:1V. Upon completion of construction, the slope face should be trackwalked, compacted and vegetated, or provided with other physical means to guard against erosion. Final grades at the top of the slopes must promote surface drainage away from the slope crest. Water must not be allowed to flow in an uncontrolled fashion over the slope face. If it is necessary to direct surface runoff towards the slope, it should be controlled at the top of the slope, piped in a closed conduit installed on the slope face, and taken to an appropriate point of discharge beyond the toe of the slope. All fill placed for slope construction should meet the structural fill requirements as described in Section 5.2.5. 5.3.4 WET WEATHER CONSTRUCTION CONSIDERATIONS RGI recommends that preparation for site grading and construction include procedures intended to drain ponded water, control surface water runoff, and to collect shallow subsurface seepage zones in excavations where encountered. It will not be possible to successfully compact the subgrade or utilize on -site soils as structural fill if accumulated now ® LU RILEYGROUP Geotechnica/ Engineering Report Page 13 April 18, 2014 Federal Way Multi -Service Center, Federal Way, Washington RGI Project No. 2014-077 water is not drained prior to grading or if drainage is not controlled during construction. Attempting to grade the site without adequate drainage control measures will reduce the amount of on -site soil effectively available for use, increase the amount of select import fill materials required, and ultimately increase the cost of the earthwork phases of the project. Free water should not be allowed to pond on the subgrade soils. RGI anticipates that the use of berms and shallow drainage ditches, with sumps and pumps in utility trenches, will be required for surface water control during wet weather and/or wet site conditions. 5.4 FOUNDATIONS Following site preparation and grading, the proposed building can be supported on spread footing foundations bearing on dense to very dense native soil. The soil parameters shown in Table 4 can be used for footing design. Table 4 Foundation Design Design Parameter Value Allowable Bearing Capacity — native soils 4,000 psf1 Friction Coefficient 0.30 Passive pressure (equivalent fluid pressure) 250 pcfl Minimum foundation dimensions Columns: 24 inches Walls: 16 inches 1. psf = pounds per square foot Z. pcf = pounds per cubic foot The allowable foundation bearing pressures apply to dead loads plus design live load conditions. For short-term loads, such as wind and seismic, a 1/3 increase in this allowable capacity may be used. At perimeter locations, RGI recommends not including the upper 12 inches of soil in the computation of passive pressures because they can be affected by weather or disturbed by future grading activity. The passive pressure value assumes the foundation will be constructed neat against competent soil or backfilled with structural fill as described in Section 5.3.2. The recommended base friction and passive resistance value includes a safety factor of about 1.5. With spread footing foundations designed in accordance with the recommendations in this section, maximum total and differential post -construction settlements of 1 inch and 1/2 inch, respectively, should be expected. IBM ■U RILEYGROUP Geotechnical Engineering Report Page 14 April 18, 2014 Federal Way Multi -Service Center, Federal Way, Washington RGI Project No. 2014-077 5.5 RETAINING WALLS The basement wall should be designed as a retaining wall. The magnitude of earth pressure development on retaining walls will partly depend on the quality of the wall backfill. RGI recommends placing and compacting wall backfill as structural fill. Wall drainage will be needed behind the wall face. Details for wall drainage for backfilled basement walls and for walls formed against shoring are shown on Figures 4 and 5. With wall backfill placed and compacted as recommended, and drainage properly installed, RGI recommends using the values in the following table for design. Table 5 Retaining Wall Design Design Parameter Allowable Bearing Capacity, native soils Active Earth Pressure (unrestrained walls) At -rest Earth Pressure (restrained walls) Value 4,000 psf 35 pcf 50 pcf For seismic design, an additional uniform load of 7 times the wall height (H) for unrestrained walls and 14H for restrained walls should be applied to the wall surface. Friction at the base of foundations and passive earth pressure will provide resistance to these lateral loads. Values for these parameters are provided in the Section 5.4. 5.6 SLAB -ON -GRADE CONSTRUCTION Once site preparation has been completed as described in Section 5.3, suitable support for slab -on -grade construction should be provided. RGI recommends that the concrete slab be placed on top of dense native soil or dense fill. Immediately below the floor slab, RGI recommend placing a 4-inch-thick capillary break layer of clean, free -draining sand or gravel that has less than 5 percent passing the U.S. No. 200 sieve. This material will reduce the potential for upward capillary movement of water through the underlying soil and subsequent wetting of the floor slab. Where moisture by vapor transmission is undesirable, an 8- to 10-millimeter-thick plastic membrane should be placed on a 4-inch-thick layer of clean gravel. For the anticipated floor slab loading, RGI estimates post -construction floor settlements of 1/4- to 1/2-inch. For thickness design of the slab subjected to point loading from storage racks, RGI recommends using a subgrade modulus (Ks) of 150 pounds per square inch per inch of deflection. low 1 LW RILEYGROUP Geotechnical Engineering Report Page 15 April 18, 2014 Federal Way Multi -Service Center, Federal Way, Washington RGI Project No. 2014-077 5.7 DRAINAGE 5.7.1 SURFACE DRAINAGE Final exterior grades should promote free and positive drainage away from the building area. Water must not be allowed to pond or collect adjacent to foundations or within the immediate building area. For non -pavement locations, RGI recommends providing a minimum drainage gradient of 3 percent for a minimum distance of 10 feet from the building perimeter. In paved locations, a minimum gradient of 1 percent should be provided unless provisions are included for collection and disposal of surface water adjacent to the structure. 5.7.2 INFILTRATION RGI understands that an infiltration system is being considered for the on -site disposal of storm water run-off. Field infiltration tests were performed at Boring B-3 and B-4 at depth of 2.5 feet and 5 feet bgs, respectively. The soil encountered at the infiltration depth was very dense glacial till. The native soil is relatively impermeable and will not support an on -site infiltration system. RGI does not recommend an on -site infiltration system being used for this project. 5.8 UTILITIES Utility pipes should be bedded and backfilled in accordance with American Public Works Association (APWA) specifications. For site utilities located within the right-of-ways, bedding and backfill should be completed in accordance with City of Federal Way specifications. At a minimum, trench backfill should be placed as structural fill, as described in Section 5.2.5 and compacted to at least 95 percent of the maximum dry density per ASTM D1557. Where utilities occur below unimproved areas, the degree of compaction can be reduced to a minimum of 90 percent of the soil's maximum density as determined by ASTM D1557. As discussed above, the native soils can reused as structural fill if the construction occurs in summer months. 5.9 PAVEMENTS Pavement subgrades should be prepared as described in Section 5.3 and as discussed below. Regardless of the relative compaction achieved, the subgrade must be firm and relatively unyielding before paving. The subgrade should be proofrolled with heavy construction equipment to verify this condition. mom I ■W RILEYGROUP Geotechnical Engineering Report Page 16 April18, 2014 Federal Way Multi -Service Center, Federal Way, Washington RGI Project No. 2014-077 With the pavement subgrade prepared as described above, RGI recommends the following pavement sections for parking and drive areas paved with flexible asphalt concrete surfacing. ➢ For general parking: 2 inches of asphalt concrete (AC) over 4 inches of crushed rock base (CRB) ➢ For driveway and heavy traffic area: 3 inches of AC over 6 inches of CRB The asphalt paving materials used should conform to the Washington State Department of Transportation (WSDOT) specifications for Hot Mix Asphalt Class 1/2 inch and CRB surfacing. Long-term pavement performance will depend on surface drainage. A poorly -drained pavement section will be subject to premature failure as a result of surface water infiltrating into the subgrade soils and reducing their supporting capability. For optimum pavement performance, surface drainage gradients of no less than 2 percent are recommended. Also, some degree of longitudinal and transverse cracking of the pavement surface should be expected over time. Regular maintenance should be planned to seal cracks when they occur. 6.0 Additional Services RGI is available to provide further geotechnical consultation throughout the design phase of the project. RGI should review the final design and specifications in order to verify that earthwork and foundation recommendations have been properly interpreted and incorporated into project design and construction. RGI is also available to provide geotechnical engineering and construction monitoring services during construction. The integrity of the earthwork and construction depends on proper site preparation and procedures. In addition, engineering decisions may arise in the field in the event that variations in subsurface conditions become apparent. Construction monitoring services are not part of this scope of work. If these services are desired, please let us know and we will prepare a cost proposal. 1 I ■U RILEYGROUP Geotechnical Engineering Report Page 17 April 18, 2014 Federal Way Multi -Service Center, Federal Way, Washington RGI Project No. 2014-077 7.0 limitations This report is the property of RGI, MSC Federal Way Veterans, LLC, and their designated agents. Within the limits of the scope and budget, this report was prepared in accordance with generally accepted geotechnical engineering practices in the area at the time this report was issued. This report is intended for specific application to Federal Way Multi - Service Center in Federal Way, Washington, and for the exclusive use of MSC Federal Way Veterans, LLC, and their authorized representatives. No other warranty, expressed or implied, is made. Site safety, excavation support, and dewatering requirements are the responsibility of others. The scope of services for this project does not include either specifically or by implication any environmental or biological (for example, mold, fungi, bacteria) assessment of the site or identification or prevention of pollutants, hazardous materials or conditions. The analyses and recommendations presented in this report are based upon data obtained from the test exploration performed on -site. Variations in soil conditions can occur, the nature and extent of which may not become evident until construction. If variations appear evident, RGI should be requested to reevaluate the recommendations in this report prior to proceeding with construction. It is the client's responsibility to see that all parties to the project, including the designers, contractors, subcontractors, are made aware of this report in its entirety. The use of information contained in this report for bidding purposes should be done at the contractor's option and risk. 1 ■M RILEYGROUP • a F I SITE Fed I 1: SYeeI Lake USGS, 1994, Poverty Bay, Washington Approximate Scale: 1"=1000' 7.5-Minute Quadrangle 0 500 1000 2000 N Corporate Office Federal Way Multi -Service Center Figure 1 . -17522 Bothell Way Northeast RGI Project Number Date Drawn: Bothell, Washington 98011 2014-077 Site Vicinity Map 04/2014 Phone. 425.415.0551 RILEYGROUP Fax:425.415,0311 Address: 29404 Pacific Highway South, Federal Way, Washington 98003 v sv O D 2 ao r O a 0 00 m a s 0 d 0 c. 00 O c Q Iv Ln 0 N rk Z, cnI C1 x E.� „ f I I VsAll I ..�_. i ..T..—_. _.,..—.. AL - OP - OP I 18TH AVENUE SOUTH aaa � ggY' g uY 1 S_ 8 ggg M O O Z O-n o nm <=a pm m marv� m0 �-1 m D� �zg r nn cmm z o ;u 0 .�m =Z0 Z;m -1z Z Z�m m� m ic Earth Pressure Design Parameters for Soldier Pile Cantilever Wall 22v I Passive Earth Pressure = 400 pcf taken over 2 pile diameters Note: Value includes Safety Factor of 1.5. 45 pcf for 2H:1V Slope or 32 pcf for Level Ground Not to Scale 8' 75 psf (Traffic Surcharge where applicable) Corporate Office Federal Way Multi -Service Center Figure 3 RILEYGROUP 17522 Bothell Way Northeast Bothell, Washington 98011 Phone: 425.415.0551 Fax:425.415.0311 RGI Project Number 2014-077 Soldier Pile Pressure Diagram Date Drawn: 04/2014 Address: 29404 Pacific Highway South, Federal Way, Washington 98003 12" Minimum Wide Free -Draining Gravel Slope to Drain a : i 12" min. ' mob 't •. . > - . cp °$ Filter Fabric Material op e ' Excavated Slope (See Report for ° as .. Appropriate Qo 00 i Inclinations) go$ Compacted Structural Backfill (Native or Import) PP POn p�00P C6n pP0 p O - vMn. ap°p°O Ovoa 00 °p �, r� \ ♦ 1 �, � 12" Over the Pipe 4" 311 Below the Pipe Diameter PVC Perforated Pipe Not to Scale . - Corporate Office 17522 Bothell Way Northeast . - Bothell, Washington 98011 Phone: 425.415.0551 RILEYGROUP Fax:425.415.0311 Federal Way Multi -Service Center Figure 4 RGI Project Number 2014-077 Retaining Wall Drainage Detail Date Drawn: 04/2014 Address: 29404 Pacific Highway South, Federal Way, Washington 98003 Basement Wall Drainage Behind Shoring Wood Lagging r • 4 4 R 14 �! M dr A Native Soil Excavation = �I--111 '. a � • a Concrete Facing Continuous Miradrain 6000 or Equivalent Slab -on -Grade Floor 4. r • .. 4.. III- J .L r A •A a ........ .. dr. Er .. - - .•.•.•.-.•.•:..•_".•. PVC Tightline _. ,� � •'Structural Fili . • • d 417oun[iwon a :.' � .... . Drain Grate i'. • • A '.•.•.•.•. * • ;w ... - •r i ...... ..... •. 44 - A . d • •; • I I I I I Note: Drain Though Wall Should be Installed at Middle of Lagging. Not to Scale - Corporate Office Federal Way Multi -Service Center Figure 5 17522 Bothell Way Northeast RGI Project Number Date Drawn: . - Bothell, Washington 98011 2014-077 Basement Wall Drainage Detail 04 2 Phone:425.415.0551 / 014 RILEYGROUP Fax:425.415.0311 Address: 29404 Pacific Highway South, Federal Way, Washington 98003 Geotechnical Engineering Report April18, 2014 Federal Way Multi -Service Center, Federal Way, Washington RGI Project No. 2014-077 APPENDIX A FIELD EXPLORATION AND LABORATORY TESTING On April 15, 2014, RGI explored the subsurface soil conditions at the site by observing the excavation of four borings to a maximum depth of 20.5 feet below existing grade. The borings locations are shown on Figure 2. The boring locations were approximately determined by measurements from existing property lines and paved roads. The boring logs are included. A geologist from our office conducted the field exploration and classified the soil conditions encountered, maintained a log of each exploration, obtained representative soil samples, and observed pertinent site features. All soil samples were visually classified in accordance with the Unified Soil Classification System (USCS) described in Appendix A. Representative soil samples obtained from the explorations were placed in closed containers and taken to our laboratory for further examination and testing. As a part of the laboratory testing program, the soil samples were classified in our in house laboratory based on visual observation, texture, and the limited laboratory testing described below. Moisture Content Determinations Moisture content determinations were performed in accordance with the American Society of Testing and Materials D2216-10 Standard Test Methods for Laboratory Determination of Water (Moisture) Content of Soil and Rock by Mass (ASTM D2216) on representative samples obtained from the exploration in order to aid in identification and correlation of soil types. The moisture content of typical sample was measured and is reported on the test boring logs. Grain Size Analysis A grain size analysis indicates the range in diameter of soil particles included in a particular sample. Grain size analyses for the greater than 75 micrometer portion of the samples were performed in accordance with American Society of Testing and Materials D422 Standard Test Method for Particle -Size Analysis of Soils (ASTM D422) on two of the samples, the results of which are attached in Appendix A. e ■W RILEYGROUP Project Name: Federal Way Multi -Service Center / M goring No.: B-1 Project Number: 2014-077 • Client: MSC Federal Way Veterans, LLC RILEYGRSheet 1 of 1 Date(s) Drilled: 4/15/2014 Logged By: ELW Surface Conditions: Gravel Drilling Method(s): Hollow Stem Auger Drill Bit Sizerryps: 6" Total Depth of Borehole: 20.5 feet bgs Drill Rig Type: Track -Mounted Drilling Contractor: Boretec Approximate 438 Surface Elevation: Groundwater Level Not encountered and Date Measured: Sampling Method(s): SPT Hammer Data: 140 lb, 30" drop, rope and t cathead Borehole Backflll: Bentonite Chips Location: 29404 Pacific Highway South, Federal Way, Washington 17522 Bothell Way NE, Bothell, WA 98011 Project Name: Federal Way Multi -Service Center Boring No.: B-2 Project Number: 2014-077 , L- Sheet 1 of 1 Client: MSC Federal Way Veterans, LLC fflLrYcfrouP Date(s) Drilled: 4/15/2014 Logged By: ELW Surface Conditions: Gravel Drilling Method(s): Hollow Stem Auger Drill Bit Size/Type: 6" Total Depth of Borehole: 20.42 feet bgs Drill Rig Type: Track -Mounted Drilling Contractor: Boretec Approx€mate 439 Surface Elevation: Groundwaler Level Seepage at 15' and Dale Measured: Sampling Method(s): SPT Hammer Data : 140 lb, 30" drop, rope and cathead Borehole Backlill: Bentonite Chips Location: 29404 Pacific Highway South, Federal Way, Washington i no may uroup, inc. 17522 Bothell Way NE, Bothell, WA 98011 Project Name: Federal Way Multi -Service Center goring No.: B-3 Project Number: 2014-077 LW Client: MSC Federal Way Veterans, LLC ,LEYGRSheet 1 of 1 Date(s) Drilled: 4/15/2014 Logged By: ELW Surface Conditions: Grass Drilling Method(s): Hollow Stem Auger Drill Bit Size/Type: 6" Total Depth of Borehole: 20.333 feet bgs Drill Rig Type: Track -Mounted Drilling Contractor: Boretec Approximate 445 Surface Elevation: Groundwater Level and Date Measured: Seepage at 20' Sampling Method(s): SPT 140 lb, 30" drop, rope and Hammer Data cathead Borehole Backfill: Bentonite Chips Location: 29404 Pacific Highway South, Federal Way, Washington m R N m CL m > N m o a E O d ~ m p N C Z' U) J U T m a E E E 3 > 0 w o m rn rn _0 tr D 0 MATERIAL DESCRIPTION g 445 o SN Brown silly SAND with some gravel, medium dense, moist SM Gray silty SAND with some gravel, very dense, moist (Glacial Till) nA0 5 Becomes moist to Wet 50/6" 435 10 50/3" Becomes moist 430 is 50/4" 425 20 5014- Becomes moist to wet, light groundwater seepage at 20' Boring terminated at 20' 4" 420 25 415 30 The Riley Group, Inc 17522 Bothell Way NE, Bothell, WA 98011 'roject Name: Federal Way Multi -Service Center ■ 10 Boring No.: B-4 3roject Number: 2014-077 'lient: MSC Federal Way Veterans, LLC RILE•YGR Sheet 1 of 1 Date(s) Drilled: 4/15/2014 Logged By: ELW Surface Conditions: Grass Drilling Method(s): Hollow Stem Auger Drill Bit Size/type: 6" Total Depth of Borehole: 20.5 feet bgs Drill Rig Type: Track -Mounted Drilling Contractor: BOretee Approximate 447 Surface Elevation: Groundwater Level Seepage at 10 and 15' and Date mtasured: Sampling Methods : SPT p g () Hammer Data : 140 lb, 30" drop, rope and cathead Borehole Backfill: Bentonite Chips Location: 29404 Pacific Highway South, Federal Way, Washington m U LC fA CDmIr N m ° E o 0 ? Cj!� N ('A U is a naTnO> E 3 > ow o TEE n m � c c� MATERIAL DESCRIPTION ,47 c SM Brown silty SAND with some gravel, medium dense, moist 50/5' 1 1 ffijj—Becomes very dense, contains wood debris 50/6" I ` 8M Gray silty SAND with some gravel, very dense, moist (Glacial Till) 50/5• 1 i Uf 1� 1 Ma —Becomes moist to wet, light groundwater seepage, iron oxide staining 4321 15—{1 I 18 I I NJ& —Becomes medium dense, wet, light groundwsater seepage, contains sand and silt [[ interbeds 41 20 50/6' —Becomes very dense, moist to wet, iron oxide staining _ _ Borino terminated at 20' 6" The Riley Group, Inc. 17522 Bothell Way NE, Bothell, WA 913011 Project Name: Federal Way Multi -Service Center r 0 Key to Log of Boring Project Number: 2014-077 1LM Client: MSC Federal Way Veterans, LLC RILEYGROUP Sheet 1 of 1 i3 m m r. CDtL An In 0) E o O .... m 01 C 0) U) J U m i ra a a in o' ui = 7 LA w In `m° m m a tr � (7 MATERIAL DESCRIPTION 2 COLUMN DESCRIPTIONS in Elevation (feet): Elevation (MSL, feet). © Recovery (%): Core Recovery Percentage is determined based on 2 Depth (feet): Depth in feet below the ground surface. a ratio of the length of core sample recovered compared to the 3 Sample Type: Type of soil sample collected at the depth interval cored interval length. shown. e7 USCS Symbol: USCS symbol of the subsurface material. 4eSample ID: Sample identification number. 8 Graphic Log: Graphic depiction of the subsurface material 5 Sampling Resistance, blows/ft: Number of blows to advance driven encountered. sampler one foot (or distance shown) beyond seating interval 9❑ MATERIAL DESCRIPTION: Description of material encountered. using the hammer identified on the boring log. May include consistency, moisture, color, and other descriptive text. ® Moisture (%): Moisture, expressed as a water content. FIELD AND LABORATORY TEST ABBREVIATIONS CHEM: Chemical tests to assess corrosivity COMP: Compaction test CONS: One-dimensional consolidation test LL: Liquid Limit, percent MATERIAL GRAPHIC SYMBOLS TYPICAL SAMPLER GRAPHIC SYMBOLS Auger sampler Bulk Sample r 3-inch-OD California w/ AL brass rings CME Sampler GENERAL NOTES FhContinuous Core Grab Sample '2.5-inch-OD Modified California w/ brass liners Pitcher Sample PI: Plasticity Index, percent SA: Sieve analysis (percent passing No. 200 Sieve) UC: Unconfined compressive strength test, Qu, in ksf WA: Wash sieve (percent passing No. 200 Sieve) IN Silty SAND (SM) OTHER GRAPHIC SYMBOLS 2-inch-OD unlined split '_7 Water level (at time of drilling, ATD) spoon (SPT) Shelby Tube (Thin -walled, T Water level (after waiting) fixed head) Minor change in material properties within a �v stratum — - Inferred/gradational contact between strata —7- Queried contact between strata 1: Soil classifications are based on the Unified Soil Classification System. Descriptions and stratum lines are interpretive, and actual lithologic changes may be gradual. Field descriptions may have been modified to reflect results of lab tests. 2: Descriptions on these logs apply only at the specific boring locations and at the time the borings were advanced. They are not warranted to be representative of subsurface conditions at other locations or times. The Riley Group, Inc 17522 Bothell Way NE, Bothell, WA 98011 THE RILEY GROUP, INC. 17522 Bothell Way NE Bothell, WA 98011 GRAIN SIZE ANALYSIS ASTM D421, D422, D1140, D2487, D6913 PROJECT TITLE Federal Way Multi. -Service Center 2014-077 PROJECT NO. TECH/TEST DATE ELW 4/16/2014 WATER CONTENT (Delivered Moisture) Wt Wet Soil & Tare (gm) ^� (wl) 539.7 Wt Dry Soil & Tare (gm) (W2.) 506.8 Weight of Tare (gm) (w3) 14.4 Weight of Water (gm) (w4=wI-►s2) 32.9 Weight of Dry Soil (gm) (w5=w2-w3) 492.4 Moisture Content (%.) (w4/w5)" 100 7 % COBBLES % C GRAVEL % F GRAVEL % C SAND % M SAND % F SAND % FINES % TOTAL D10 (mm) D30 (mm) D60 (mm) Cu Cc 0.0 12.0" 3.00 2.5" 2 0" 1.51 1.0" 0.75' 0.50' 0.375' #4 #1 C #2C #4C #6C 21.2 19.0 6.7 11.8 22.1 19.3 100.0 01, 100 90 P 80 70 A 60 S 50 S 40 1 30 N 20 G 10 0 #10C #20C PAN SAMPLE ID/TYPE SAMPLE DEPTH DATE RECEIVE] PHONE: (425) 415-0551 FAX: (425) 415-0311 B-2 5' 4/15/2014 Weight Of Sample (gm) Tare Weight (gm) (W6) Total Dry Weight( ) SIEVE ANALYSIS Cumulative Wt Ret(Wt-Tare) (%Retained) % PASS +Tare rrwtMtfW l•1f1n1 rTflf}-%nrril 14.4 0.00 0.00 100.00 14.4 0.00 0.00 100.00 14.4 0.00 0.00 1 100.00 14.4 0.00 0.00 100.00 118.7 104.30 21.18 78.82 171.4 157.00 31.88 68.12 212.3 197.90 40.19 59.81 245.3 230.90 46.89 53.11 303.3 288.90 58.67 41.33 378.9 364.50 74.03 25.97 412.0 397.60 80.75 19.25 506.8 492.40 100.00 0.00 12" 3" 2" 1".75" .375" #4 #10 #20 #40 #60 #100 #200 1000 100 10 1 Grain size In millimeters DESCRIPTION Silty gravelly SAND USCS SM Prepared For: Reviewed By: AYSC' Federal Way Veterans, LLC 506.8 14.4 492.4 cobbles coarse gravel coarse gravel coarse gravel coarse gravel coarse gravel fine gravel fine gravel fine gravel coarse sand medium sand medium sand fine sand fine sand fine sand f1Ae5 silt/elay 0.1 0.01 0.001 The Riley Group, Inc. THE RILEY GROUP, INC. 17522 Bothell Way NE Bothell, WA 98011 GRAIN SIZE ANALYSIS ASTM D421, D422, D1140, D2487, D6913 PROJECT TITLE Federal Way Multi-Senlce Center 2014-077 PROJECT NO. TECH/TEST DATE ELW V16/2014 WATER CONTENT (Delivered Moisture) Wt Wet Soil & Tare (gm) (wl) 304.8 Wt Dry Soil & Tare (gm) (w2) 283.8 Weight of Tare (gm) (w3) 8.4 Weight of Water (gm) (w4=wl-w2) 21.0 Weight of Dry Soil (gm) (w5=w2-w3) 275.4 Moisture Content (6`�) (w4/w5)*100 8 % COBBLES % C GRAVEL % F GRAVEL % C SAND % M SAND % F SAND % FINES % TOTAL D10 (mm) D30 (mm) D60 (mm) Cu Cc 0.0 12.0' 3.0' 2.5' 2.0' 1.5' 1.0, 0.75' 0.50, 0.375' #4 #1C #2C #4C #6C 4.1 24.4 9.2 13.9 19.1 29.3 100.0 #10C #20C PAN 100 90 P 80 70 A 60 S 50 S 40 1 30 N 20 G 10 0 PHONE: (425) 415-0551 FAX: (425) 415-0311 ,J SAMPLE ID/TYPE B-4 SAMPLE DEPTH 51 DATE RECEIVED 4/15/2014 tal Weight Of Sam le Used For Sieve Corrected For Hwrroscainc M Weight Of Sample (gm) 283.8 Tare Weight (gm) 8.4 (W6) Total Dry Weight (gm) 275.4 SIEVE ANALYSIS Cumulative Wt Ret(Wt-Tare) (%Retained) % PASS +Tare rrwe rrNwKl•1nn1 ! 1 nn-%rPtl 8.4 0.00 0.00 100.00 8.4 0.00 0.00 100.00 8.4 0.00 0.00 100.00 8.4 0.00 0.00 100.00 19.6 11.20 4.07 95.93 50.7 42.30 15.36 84.64 86.7 78.30 28.43 71.57 112.0 103.60 37.62 62.38 150.4 142.00 51.56 48.44 186.1 177.70 64.52 35.48 203.0 194.60 70.66 29.34 1000 100 10 1 Grain size in millimeters DESCRIPTION Silty SAND with some gravel USCS SM Prepared For: Reviewed By: MSC Federal Way Veterans, LLC cobbles coarse gravel coarse gravel coarse gravel coarse gravel coarse gravel Fine gravel Fine gravel fine gravel coarse sand medium sand medium sand fine sand fine sand fine sand fines silt/clay 0.1 0.01 0.001 The Riley Group, Inc. SECTION VH — OTHER PERMITS This project will require building and grading permits and review of the structural plans for the vault, prepared by Michael Nouwens. The project site is less than an acre and will not require a Construction Stormwater General Permit from the Department of Ecology. Federal Way Veterans Center DCI Engineers SECTION VHI — ESC ANALYSIS & DESIGN KCSWDM Appendix D.3 requires that the following categories of erosion sedimentation control measures be considered for every ground -disturbing project: 1. Clearing Limits: Prior to any site clearing or grading, areas to remain undisturbed during project construction shall be delineated on the project's ESC plan and physically marked on the project site. Clearing limits are identified on the civil construction plans and will be marked in the field by fencing or flagging. The entire site is subject to clearing except in the areas where existing trees are to be retained. Tree protection measures are detailed in the construction plans. 2. Cover Measures: Temporary and permanent cover measures shall be provided when necessary to protect disturbed areas. The intent of these measures is to prevent erosion by having as much area as possible covered during any period of precipitation. Exposed soil will be covered or mulched within time limits detailed in the construction plans. Permanent landscape areas will be replanted as soon as practicable. 3. Perimeter Protection: Perimeter protection to filter sediment from sheet flow shall be provided downstream of all disturbed areas prior to upslope grading. Silt fences will be provided downslope of all disturbed areas. Barrier measures are detailed in the construction plans. 4. Traffic Area Stabilization: Unsurfaced entrances, roads, and parking areas used by construction traffic shall be stabilized to minimize erosion and tracking of sediment offsite. A quarry spall surfaced construction entrance into the site will be provided. The requirements for the entrance are detailed in the construction plans. 5. Sediment Retention: Surface water collected from all disturbed areas of the site shall be routed through a sediment pond or trap prior to release from the site, except those areas at the perimeter of the site small enough to be treated solely with perimeter protection. Sediment retention facilities shall be installed prior to grading any contributing area. The native glacial till soil tends to include a significant fine particulate component that requires long settling times when suspended in sediment ponds. It is anticipated that perimeter siltation barriers and inlet protection will provide better silt control than sediment ponds on this half -acre site. A pond and/or Baker tank can be added to the plan if site conditions indicate that the barrier methods will not be adequate. Federal Way Veterans Center DCI Engineers 6. Surface Water Collection: Surface water collection measures (e.g., ditches, berms, etc) shall be installed to intercept all surface water from disturbed areas, convey it to a sediment pond or trap, and discharge it downstream of any disturbed areas. Areas at the perimeter of the site, which are small enough to be treated solely with perimeter protection, do not require surface water collection. Significant sources of upstream surface water that drain onto disturbed areas shall be intercepted and measures shall be installed concurrently with or immediately following rough grading and shall be designed, constructed, and stabilized as needed to minimize erosion. No significant runoff is expected to enter the site from neighboring parcels. On -site construction runoff will sheetflow across the site toward the silt barriers at the perimeter. The contractor will have the option of directing concentrated flows toward or away from specific areas as work progresses. 7. Dewatering Control: The water resulting from construction site de -watering activities must be treated prior to discharge or disposed of as specified. No dewatering is anticipated for this project if it is constructed during the dry season. Wet season work may require enhanced measures, including management of dewatering effluent. 8. Dust Control: Preventive measures to minimize wind transport of soil shall be implemented when a traffic hazard may be created or when sediment transported by wind is likely to be deposited in water resources. The construction site will be sprinkled if dust creates a traffic hazard. 9. Flow Control: Surface water from disturbed areas must be routed through the project's onsite flow control facility or other provisions must made to prevent increases in the existing site conditions 2-year and 10 year runoff peaks discharging from the project site during construction. The existing site is approximately 49% impervious. These surfaces will be removed early in the construction schedule, which should temporarily reduce runoff flows until the permanent stormwater system is in place. Additional flow control is not anticipated to be necessary to match the construction site runoff with the existing conditions. Federal Way Veterans Center DCI Engineers SECTION IX — BOND QUANTITIES, FACILITY SUMMARIES & DECLARATION OF COVENANT Federal Way Veterans Center DCI Engineers CITY OF Federal Way Public works Department BOND QUANTITIES WORKSHEET Project Name: Federal Way Veterans Center Date: May 30, 2014 Project No.: _ By: John W. Cherry, P.E. Site Address: 29404 Pacific Complete the following table as it pertains to this project and return to the Public Works Department. ROAD CONSTRUCTION Clearing & Grubbing Sawcutting Excavation & Embankment AC Pavement CSTC Cement Concrete Curb/Gutter Extruded Asphalt Curb Concrete Sidewalk Concrete Driveway Approach Monument In Case Adjust Existing Monument To Grade Adjust Existing CB To Grade DRAINAGE PIPE 6" Pipe 8" Pipe 12" Pipe 18" Pipe 24" Pipe 36" Pipe 48" Pipe 54" Pipe 60" Pipe 72" Pipe LS Bid Estimate LF 1.30 CY 18.00 TN 70.00 TN 20.00 LF 15.00 LF 5.00 SY 25.00 SY 45.00 1 EA 155.00 EA 330.00 EA 500.00 $ 72.5 $94.25 $ 4 $280 6 $120 66.5 $997.5 $ 15 $375 70 $2800 $ $ $ LF 12.00 LF 28.00 LF 44.00 LF 44.00 LF 58.00 LF 101.00 LF 94.00 LF 117.00 LF 143.00 LF 235.00 $ $ $ $ $ $ $ $ $ $ Bond Quantities Worksheet Rev. 02/07 Page 1 of 3 (A) Public Roadway Improvements CATCH BASINS Inlet & Grate ' EA 475.00 $ CB Type I & Grate EA 900.00 $ CB Type II 48" & Grate EA 1,900.00 $ CB Type II 54" & Grate EA 2,000.00 $ CB Type II 60" & Grate EA 3,200.00 $ CB Type II 72" & Grate EA 5,000.00 $ CB Type II 84" & Grate EA 9,100.00 $ CB Type II 96" & Grate EA Bid Estimate $ Round Solid Locking Lid EA 360.00 $ Abandon Existing CB EA 325.00 $ CONTROL _RETENTIONMETENTION Pond Excavation & Spillway CY 7.00 $ Rest rictor/Separator EA 750.00 $ Vault EA Bid Estimate $ Gravel Access Road LF 15.00 $ Rip Rap Outfall Protection CY 17.00 $ Bollards EA 500.00 $ Fencing (around pond) LF 12.00 $ Infiltration Trench w/12" Perf LF 18.00 $ Flow Spreader LF 20.00 $ Trash Racks EA 200.00 $ WATER GIUALITY Bioswale EA Bid Estimate $ Wetvault EA Bid Estimate $ Stormfilter Vault EA Bid Estimate $ Stormwater wetland EA Bid Estimate $ Sand Filter EA Bid Estimate $ Catch Basin Inserts EA 800.00 $ Oil/Water Separator EA Bid Estimate $ Hi h Flow B ass EA Bid EstimateL $ _ RETAINING WALLS & STRUCTURES Retaining Walls SF 23.00 $ $ Brid es LS Bid Estimate TRAFFIC & LIGHTING Signalization LS Bid Estimate $ Channelization LS Bid Estimate $ Signs EA 100.00 $ Street Lights (City Center) EA 5,000.00 $ Street Lights (Standard) EA 3,000.00 $ Bond Quantities Worksheet Rev. 02107 Page 2 of 3 (B) Private On -Site Improvements (A) Public Roadway (B) Private On -Site Improvements Improvements RIGHT-OF-WAY LANDSCAPING Street Trees EA 300.00 $ $ Sod SY 10.00 $ Shrubs (City Center) EA 6.00 $ Tree Grates(City Center EA 700.00 SITE STABILIZATION/EROSION CONTROL Quarry Spalls TN 75.00 $ 79 $5925 Seeding/Mulch Acre 3,000.00 $ $ Silt Fence LF 4.00 $ 476 $1904 Netting Jute Mesh SY 13.00 $ $ Sediment Pond Standpipe EA 200.00 $ $ Sensitive Area Fencing LF 3.00 $ $ Catch Basin Inserts EA 70.00 4 $280 4 $280 Total A: $4946.75 Total B: $8109 Signs ure� DCI Engineers 206-332-8965 Firm Name Telephone Number THE FOLLOWING INFORMATION WILL BE COMPLETED BY THE CITY OF FEDERAL WAY PUBLIC WORKS DEPARTMENT: Public Roadway Improvements (Total A): $ Private Erosion/Sedimentation Control (Total B): $ Subtotal (A + B): $ CONTINGENCY (20%): $ TOTAL BOND AMOUNT: $ K:\DEVELOPMENT SERVICES\DEVELOPMENT STANDARDS\2008 Development Stand ards-DRAFT\Checklists\Bond Quantites Worksheet 2-6-07.doc Bond Quantities Worksheet Rev. 02/07 Page 3 of 3 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Federal Way 33325 8`h Ave S Federal Way, WA 98003-6325 Attn: DECLARATION OF COVENANT For Maintenance and Inspection of Flow Control BMPs Grantor: MSC Federal Way Veterans, LLC Grantee: City of Federal Way, a Washington municipal corporation Legal Description: A portion of the SW'/a of the NW'/a of Section 4, Township 21 North, Range 4 East, W.M. Additional Legal(s) on: Page 4 Assessor's Tax Parcel ID#: 3040200081, 3040200079 The GRANTOR, MSC Federal Way Veterans, LLC, for and in consideration of the _ approved City of Federal Way (check one of the following) ❑ residential building permit, _ Mcommercial building permit, ❑ clearing and grading permit, ❑ subdivision permit, or ❑ short subdivision permit for Application No . relating to the real property ("Property") described above, the Grantor(s), the owner(s) in fee of the Property, hereby covenants (covenant) with the City of Federal Way, a Washington municipal corporation, and its municipal successors in interest and assigns, that he/she (they) will observe, consent to, and abide by the conditions and obligations set forth and described in Paragraphs 1 through 8 below with regard to the Property. Grantor(s) hereby grants (grant), covenants (covenant), and agrees (agree) as follows: 1. Grantor(s) or his/her(their) successors in interest and assigns ("Owners") shall retain, uphold, and protect the stormwater management devices, features, pathways, limits, and restrictions, known as flow control best management practices (BMPs"), shown on the approved Flow Control BUT Site Plan for the Property attached hereto and incorporated herein as Exhibit A. 2. The Owners shall at their own cost, operate, maintain, and keep in good repair, the Property's BMP's as described in the approved Design and Maintenance Details for each BMP attached hereto and incorporated herein as Exhibit B. 1 3. City of Federal Way shall provide at least 30 days written notice to the Owners that entry on the Property is planned for the inspection of the BMPs. After the 30 days, the Owners shall allow the City of Federal Way to enter for the sole purpose of inspecting the BMPs. In lieu of inspection by the City, the Owner my elect to engage a licensed civil engineer registered in the state of Washington who has expertise in drainage to inspect the BMPs and provide a written report describing their condition. If the engineer option is chosen, the Owners shall provide written notice to the City of Federal Way Surface Water Management Division (SWM) or its municipal successor in interest within fifteen days of receiving the City's notice of inspection. Within 30 days of giving this notice, the Owners, or the engineer on behalf of the Owners, shall provide the engineer's report to SWM. If the report is not provided in a timely manner as specified above, the City may inspect the BMPs without further notice. 4. If the City of Federal Way determines from its inspection, or from an engineer's report provided in accordance with Paragraph 3, that maintenance, repair, restoration, and/or mitigation work is required for the BMPs, SWM shall notify the Owners of the specific maintenance, repair, restoration, and/or mitigation work (Work) required. SWM shall also set a reasonable deadline for completing the Work or providing an engineer's report that verifies completion of the Work. After the deadline has passed, the Owners shall allow the City access to re -inspect the BMPs unless an engineer's report has been provided verifying completion of the Work. If the work is not completed properly within the time frame set by SWM, the City of Federal Way may initiate an enforcement action. Failure to properly maintain the BMPs is a violation of and may subject the Owners to enforcement under the Federal Way Revised Code (FWRC), including fines and penalties. 5. Apart from performing routine landscape maintenance, the Owners are hereby required to obtain written approval from SWM before performing any alterations or modifications to the BMPs. 6. Any notice or approval required to be given by one party to the other under the provisions of this Declaration of Covenant shall be effective upon personal delivery to the other party, or after three (3) days from the date that the notice or approval is mailed with delivery confirmation to the current address on record with each Party. The parries shall notify each other of any change to their addresses. 7. This Declaration of Covenant is intended to promote the efficient and effective management of surface water drainage on the Property, and it shall inure to the benefit of all the citizens of the City of Federal Way and its municipal successors and assigns. This Declaration of Covenant shall run with the land and be binding upon Grantor(s), and Grantor's(s') successors in interest and assigns. 8. This Declaration of Covenant may be determined by execution of a written agreement by the Owners and the City of Federal Way this is recorded by King County in its real property records. 2 IN WITNESS WHEREOF, this Declaration of Covenant for the Maintenance and Inspection of Flow Control BMPs is executed this _ day of , 20 GRANTOR By: Signature Printed Name STATE OF ) ss. COUNTY OF ) On this day personally appeared before me, , to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he/she/they executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seat this day of , 20, (notary signature) (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires 3 LEGAL DESCRIPTION Per Fidelity National Title Insurance Company Order No. 20368024-410-T20, dated 9-9-13 Parcel A: The west 100 feet of Lot 4, Block 2, Hall's Acre Tracts, according to the plat thereof recorded in Volume 2 of Plats, Page 25, in King County, Washington; Except the west 20 feet thereof for state highway; And except that portion thereof to the City of Federal Way for road purposes by Superior Court cause number 06-2-01388-3 KNT, recorded under recording number 20061025001096; and also except that portion thereof deeded to the City of Federal Way, a Washington municipal corporation, recorded October 8, 2007, under recording number 20071008000058; Parcel B: Lot 4, Block 2 of Hall's Acre Tracts, as per plat recorded in Volume 20 of Plats, Page 25, records of king county auditor; Except the west 100 feet thereof as measured along the north line; and except the east 87 feet thereof as measured along the north line; together with an easement for ingress, egress over the north 12 feet of the west 100 feet of said Lot 4; except the west 20 feet thereof conveyed to the state of Washington for state highway; Also together with an easement for ingress and egress over the north 15 feet of the west 87 feet of said Lot 4, Block 2, said addition; Situate in the City of Federal Way, County of King, State of Washington. n SECTION X — OPERATIONS & MAINTENANCE MANUAL Federal Way Veterans Center DCI Engineers I STORMWATER FACILITIES SUMMARY See Section X for drawings of the stormwater facilities. DETENTION VAULT Design tributary area: 0.55 acre Inside dimensions: 38.75 ft. x 20 ft. Maximum live storage depth: 7.80 ft. Maximum live storage volume: 6046 cu. ft. Minimum freeboard: 6 inches Average dead storage depth: 6 inches Dead storage volume: 387.5 cu. ft. Outlet orifices: #1 - 0.5", 2 ft. below outlet #2 — 0.5", 5.25 ft. above outlet Top of outlet riser (8") — 7.75 ft. above outlet DRAINAGE FACILITIES OPERATIONS & MAINTENANCE MANUAL Federal Way Veterans Center 29404 Pacific Highway South Federal Way, Washington Prepared by: mmm m m= D C I E n G I n E E R S 818 Stewart Street Seattle, WA 98101-3311 (206) 332-1900 Phone (888) 433-8130 Toll Free (206) 332-1600 Fax DCI Job No. 14012-0013 June 2, 2014 The stormwater management system for the Federal Way Veterans Center consists of a concrete detention vault built into the south side of the building, a StormFilter water quality catch basin in the parking lot, several catch basins and connecting pipes. Detention vault: The purpose of the detention vault is to hold collected runoff, releasing it through a small opening at a rate substantially less than would leave the site under uncontrolled conditions. The metered release is accomplished by an outlet control structure inside the vault consisting of a vertical pipe, closed at the bottom and open at the top. The bottom plate has a half -inch hole drilled through it, which lets water into the pipe and out through an outlet pipe. Stormwater comes into the vault faster than it can leave through the half -inch orifice, so the water level rises. When it rises far enough, the level reaches a second orifice which increases the rate of release. The top of the riser is open to accommodate overflows. Pervious Pavements: Flow control BMP's are required on new developments to help reduce the demand on the surface water conveyance system during storm events. Pervious pavements allow a portion of the water stored in the reservoir course to infiltrate into the underlying soils thereby reducing the flows reaching the conveyance system. Operation and maintenance of pervious pavements should include yearly vacuum sweeping. If site conditions dictate, the pervious pavement may need more frequent vacuum sweeping. Convention sweeping is not recommended because fine dust particles will build up over time and reduce the infiltration capacity of the pavement. Pervious pavements must be inspected after one major storm each year. 1 Catch basins & connecting pipes: Catch basins are located at collection points and pipe junctions. They include sumps below the outlets to store accumulated sediment. Catch basins must be inspected periodically and emptied of sediment as needed, either by mechanical or manual means. Connecting pipes are designed to be self -flushing in large storms, and do not ordinarily require maintenance. The following pages include drawings of the layout and details of the drainage components, followed by maintenance guidelines from the King County Stormwater Design Manual (KCSWDM). EX y SIDE SEVER, DEPTH UNKNO BLOC ENTRY LOCATION PER PLUMB PIA. INSTALL C.O. 2' DUTSIDE Et I DCVA PER LAKEHAVEN STD DTL B- 3' (VER" RPBA W/ 4'X3' REDUC ON DOMESTIC SERVICE LINE IN KEA 675-WA UTILITY VA NEW %4" IRRIGA110N ME NEW 3" (ASSUMED) DOMESTIC WA METER W/ 4"0" REDUCER' NON -SLIP 4" WET TAP & GV ® STA 11 16' WET TAP & GV FOR HYDRANT c1 10+95. NEW HYDRANT ASSEMBLY _ LAKEHAVEN STD DTL B-19 STA 10+95. 56.3' OEW 4- (ASSUMED) DI FIRE LINE W) - GV. WET TAP ON MAIN ® STA 10 NEW x oEX. 8" SIDE SEWER PER SUF Q Q �Iw =i¢ �a U a� EX. 6' SIDE SEWER PER LAKEHI U TIUTY DISTRICT RECORDS. CONTRA( TO' FIELD VERIFY LOCATION, S12 DEPTH PRIOR TO CONSTRUCTION I ENTRY LOCATION PER PLUMBING P INSTALL CO. 2' OUTSIDE E EX. 12" WATER MAIN IN LSCAPE `. I pOME511G WATER E h FIRE LINE 92uIG I BE VERIFIED BY SANICAL ENGINEER t TO CONSTRUCTION _ 58.53' S88° 17' 14"i \-STA 10+00 I PERPENOICIILAR TO PROPERTY CORNER GRAPHIC SCALE 2fl 0 10 YO ( Di FEET' ) 1 mch = 20 [t -L r2V *(4 cr ONSD �F PIM + LS I F TAIHLESS 'EE L. MAX im V OPEN T T RISER I j' �- TOP OF OUTLET RISER I I B OUTETRISER B' DI OU 8' DI OUTLET IE 440.OD IE 440.00 (SOUTH WALL) (SOUTH WALL) 4'94' SUMP. SEE OUTLET CONTROL DETAIL ON THIS SHEET COMMERCIAL SERVICES Fidelity National Title 600 University St., Suite 1518 Insurance Company Seattle, WA 98101 Phone: 206-262-6291 Email: marc.wise@fiif.com COMNIITNENT FOR TITLE INSURANCE Issited by Fidelity National Title of Washington, Inc., as agent for Fidelity National Title Insurance Company Fidelity National Title of Washington, Inc., as agent for Fidelity National Title Insurance Company, a California corporation ("Company"), for a valuable consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements; all subject to the provisions of Schedules A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this Commitment shall cease and terminate 6 months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue the policy or policies is not the fault'ofthe Company. The Company will provide a sample of the policy form upon request. IN WITNESS WHEREOF, Fidelity National Title Insurance Company, through its agent. Fidelity National Title of Washington, Inc., has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A. Fidelity National Title of Washington, Inc., as agent for Fidelity National Title Insurance Company M fifer ise, Commercial Title Officer Kerry Wise, Chi f Commercial Title Officer D Byl ATTEST �"�/ sKr.wy RECEIVED MAY 13 2014 Authorized Signature CITY OF FEDERAL WAY CDS 27C 101 (6/06) ALTA Commitment — 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA a� AM ERIUN members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land 'LAND TrrrE Title Association. Fidelity National Title of Washington, Inc. SCHEDULE A Name and Address of Title Insurance Company: Fidelity National Title of Washington, Inc. Title Officer: Marc Wise 1. Effective Date: September 9, 2013 at 8:00 A.M. 2. Policy or Policies to be issued: ALTA 2006 Extended Loan Policy - Refinance Rate Proposed Insured: Sheltor Resources, Inc. Amount: To Be Determined Premium: To Be Determined Tax: To Be Determined Total: To Be Determined The estate or interest in the land described or referred to in this Commitment is: /.'sWgo 0 Escrow No.: 20368024-410-T20 1 Title to the FEE SIMPLE estate or interest in the land is at the Effective Date vested in: Multi -Service Center, a Washington non-profit corporation 5. The land referred to in this Commitment is described as follows: See Exhibit A attached hereto and made a part hereof. 27C 101 A (6l06) 1 ALTA Commitment — 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA � "M ERICAN members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land LAND TITLE Title Association. File No.: 20368024-410-T20 EXHIBIT A LEGAL DESCRIPTION PARCEL A: THE WEST 100 FEET OF LOT 4, BLOCK 2, HALL'S ACRE TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 2- OF PLATS, PAGE 25, IN KING COUNTY, WASHINGTON; EXCEPT THE WEST 20 FEET THEREOF FOR STATE HIGHWAY; AND EXCEPT THAT PORTION THEREOF TO THE CITY OF FEDERAL WAY FOR ROAD PURPOSES BY SUPERIOR COURT CAUSE NUMBER 06-2-01388-3 KNT, RECORDED UNDER RECORDING NUMBER 20061025001096; AND ALSO EXCEPT THAT PORTION THEREOF DEEDED TO THE CITY OF FEDERAL WAY, A WASHINGTON MUNICIPAL CORPORATION, RECORDED OCTOBER 8, 2007, UNDER RECORDING NUMBER 20071008000058; PARCEL B: LOT 4, BLOCK 2 OF HALL'S ACRE TRACTS, AS PER PLAT RECORDED IN VOLUME 20 OF PLATS, PAGE 25 RECORDS OF KING COUNTY AUDITOR; EXCEPT THE WEST 100 FEET THEREOF AS MEASURED ALONG THE NORTH LINE; AND EXCEPT THE EAST 87 FEET THEREOF AS MEASURED ALONG THE NORTH LINE; TOGETHER WITH AN EASEMENT FOR INGRESS, EGRESS OVER THE NORTH 12 FEET OF THE WEST 100 FEET OF SAID LOT 4; EXCEPT THE WEST 20 FEET THEREOF CONVEYED TO THE STATE OF WASHINGTON FOR STATE HIGHWAY; ALSO TOGETHER WITH AN EASEMENT FOR INGRESS AND EGRESS OVER THE NORTH 15 FEET OF THE WEST 87 FEET OF SAID LOT 4, BLOCK 2, SAID ADDITION; SITUATE IN THE CITY OF FEDERAL WAY, COUNTY OF KING, STATE OF WASHINGTON. 27C 101 A (6/06) 2 _ ALTA Commitment — 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. "" File No.: 20368024-410-T20 SCHEDULE B - SECTION I REQUIREMENTS INSTRUMENTS NECESSAR- TO CREATE THE ESTATE OR INTEREST MUST BE PROPERL E E ECUTED, DELI--'ERED AND DULL - FILED FOR THE RECORD. 2. PAJMENT TO OR FOR THE ACCOUNT OF THE 1FIRANTORS OR MORT-,A 10RS OF THE FULL CONSIDERATION FOR THE ESTATE OR INTEREST TO BE INSURED. SCHEDULE B OF THIS POLICY OR POLICIES TO BE ISSUED WILL CONTAIN EXCEPTIONS TO THE FOLLOWING MATTERS UNLESS THE SAME ARE DISPOSED OF TO THE SATISFACTION OF THE COMPANY. GENERAL EXCEPTIONS A. RI-= HTS OR CLAIMS OF PARTIES IN POSSESSION, OR CLAIMIN _1 POSSESSION, NOT SHOWN B = THE PUBLIC RECORDS. B. AN'-- ENCROACHMENT, ENCUMBRANCE, :IOLATION, 11_ARIATION, ORADL_ERSE CIRCUMSTANCE AFFECTIN,- TILE TITLE THAT WOULD BE DISCLOSED B-= AN ACCURATE AND COMPLETE LAND SUR"-.E =1 OF THE LAND. C. EASEMENTS, PRESCRIPTI-E RI-HTS, RI-JHTS-OF-WA-,, LIENS OR ENCUMBRANCES, OR CLAIMS THEREOF, NOT SHOWN B-1 THE PUBLIC RECORDS. D. AN- LIEN, OR RI -1HT TO A LIEN, FOR CONTRIBUTIONS TO EMPLO:�EE BENEFIT FUNDS, OR FOR THE STATE WOR"-ERS-COMPENSATION, OR FOR SERr ICES, LABOR, OR MATERIAL HERETOFORE OR HEREAFTER FURNISHED, ALL AS IMPOSED B _1 LAW, AND NOT SHOWN B" 1 THE PUBLIC RECORDS. E: TA!. -ES OR SPECIAL ASSESSMENTS WHICH ARE NOT -,ET PA -TABLE OR WHICH ARE SHOWN AS E:= ISTIN- LIENS B_1 THE PUBLIC RECORDS. F. AN - LIEN FOR SER_:iICE, INSTALLATION, CONNECTION, MAINTENANCE, TAP, CAPACIT- OR CONSTRUCTION OR SIMILAR CHAR-7ES FOR SEWER, WATER, ELECTRICIT'-, NATURAL F AS OR OTHER UTILITIES, OR FOR 'ARBAi--E COLLECTION AND DISPOSAL NOT SHOWN B THE PUBLIC RECORDS. UNPATENTED MININ - CLAIMS, AND ALL RI-:HTS RELATIN- THERETO. H. RESER _1ATIONS AND EIFCEPTIONS IN UNITED STATES PATENTS OR IN ACTS AUTHORI IN - THE ISSUANCE THEREOF. I. INDIAN TRIBAL CODES OR RE iULATION, INDIAN TREAT 7 OR ABORI--INAL RI -:HTS, INCLUDIN EASEMENT OR E 'SUITABLE SER- ITUDES. . WATER RI-.1HTS, CLAIMS OR TITLE TO WATER. DEFECTS, LIENS, ENCUMBRANCES, AD_ ERSE CLAIMS OR OTHER MATTERS, IF AN .:, CREATED, FIRST APPEARIN IN THE PUBLIC RECORDS, OR ATTACHIN ' SUBSE - UENT TO THE EFFECTI' -E DATE HEREOF BUT PRIOR TO THE DATE THE PROPOSED INSURED AC-UIRES OF RECORD FOR -;ALUE THE ESTATE OR INTEREST OR MORT - A - E THEREON CO-JERED B ; THIS COMMITMENT. END OF SCHEDULE B - SECTION I 27CI01BI (6/06) ALTA Commitment — 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land LAN FRICAn A._p TEE Title Association. ^1101 "w R File No.: 20368024-410-T20 SCHEDULE B - SECTION II EXCEPTIONS SCHEDULE B OF THE POLIC-, OR POLICIES TO BE ISSUED WILL CONTAIN E JCEPTIONS TO THE FOLLOWIN.� MATTERS UNLESS THE SAME ARE DISPOSED OF TO THE SATISFACTION OF THE COMPAN. I. ENERAL PROPERT _ TA ES AND SER ICE CHAR ES, AS FOLLOWS, TO ETHER WITH INTEREST, PENALT AND STATUTOR _: FORECLOSURE COSTS, IF AN -, AFTER DELIN :UENC. (lST HALF DELIN DENT ON MA : l; 2ND HALF DELIN :UENT ON NO EMBER l) TA ACCOUNT NO.: 0 020 0081 EAR BILLED PAID BALANCE 201 5,566.25 2,78 -:1 _ _ 2,78 -.12 TOTAL AMOUNT DUE, NOT INCLUDIN INTEREST AND PENALT 2,78 .12. LE : CODE: 1205 ASSESSED ALUE LAND: 85,800.00 ASSESSED ALUE IMPRO EMENTS: 2 00.00 AFFECTS: PARCEL A 2. ENERAL PROPERT TA ES AND SER ICE CHAR ES, AS FOLLOWS, TO ETHER WITH INTEREST, PENALT AND STATUTOR FORECLOSURE COSTS, IF AN , AFTER DELIN :UENC (IST HALF DELIN UENT ON MA" l; 2ND HALF DELIN UENT ON NO EMBER l) TA ACCOUNT NO.: 0 0200079 -EAR BILLED PAID BALANCE 201 2,2 1 .99 1,122.50 1,122. 9 TOTAL AMOUNT DUE, NOT INCLUDIN INTEREST AND PENALT 1,122. 9. LE CODE: I205 ASSESSED ALUE LAND: 122,900.00 ASSESSED -ALUE IMPRO .EMENTS: 10,800.00 AFFECTS: PARCEL B NOTICE OF TAP OR CONNECTION CHAR ES WHICH HA E BEEN OR WILL BE DUE IN CONNECTION WITH DE ELOPMENT OR RE -DE ELOPMENT OF THE LAND AS DISCLOSED B RECORDED INSTRUMENT. IN `UIRIES RE ARDIN THE SPECIFIC AMOUNT OF THE CHAR ES SHOULD BE MADE TO THE CIT /COUNT /A ENC . C[T /COUNT /A ENC : FEDERAL WA WATER AND SEWER DISTRICT RECORDED: MA 18, 1987 RECORDIN NO.: 8705181 20 EASEMENT AND THE TERMS AND CONDITIONS THEREOF: RANTEE: PU _ET SOUND POWER Ll HT COMPAN PURPOSE: ELECTRICAL TRANSMISSION AND/OR DISTRIBUTION S STEM AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: NO EMBER 19.19 2 RECORDIN NO.: 27 1705 27C 101 BII (6/06) ALTA Commitment — 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA r ♦ME RICAN members in good standing as of the date of use. All other uses are prohibited Reprinted under license from the American Land IANu iI,1E Title Association. 'SSU"" - w.77 LAO File No.: 20368024-410-T20 9 6. 7 8 9 H SCHEDULE B — Section II (Continued) EASEMENT AND THE TERMS AND CONDITIONS THEREOF: RANTEE: RO FT. EMMETT AND MILDRED M. EMMETT PURPOSE: IN=_RESS AND E .RESS AREA AFFECTED: NORTH 12 FEET OF SAID PREMISES RECORDED: NO . EMBER 16, 1962 RECORDIN NO.: 5507.18 EASEMENT AND THE TERMS AND CONDITIONS THEREOF: RANTEE: PACIFIC NORTHWEST BELL TELEPHONE COMPAN PURPOSE: BURIED COMMUNICATION LINES AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: DECEMBER 20, 1996 RECORDIN NO.: 7612200629 EASEMENT AND THE TERMS AND CONDITIONS THEREOF: RANTEE: LA EHA EN SEWER DISTRICT PURPOSE: SEWER MAINS AREA AFFECTED: NORTH 10 FEET OF SAID PREMISES RECORDED: MA 2 , 1978 RECORDIN NO.: 78052 20997 MATTERS SET FORTH B SUR E : RECORDED: MA 2 , 1978 RECORDIN NO., 8507199002 MATTERS SET FORTH B BOUNDAR LINE AND COMMON WALL A REEMENT: RECORDED: DECEMBER 12, 1988 RECORDIN NO.: 88121 0270 EASEMENT AND. THE TERMS AND CONDITIONS THEREOF: RANTEE: WASHIN TON NATURAL AS PURPOSE: AS PIPELINES AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: DECEMBER 19, 1988 RECORDIN NO.: 8812190650 EASEMENT AND THE TERMS AND CONDITIONS THEREOF: RANTEE: PU ET SOUND ENER , INC. PURPOSE: ELECTRICAL TRANSMISSION AND/OR DISTRIBUTIONS STEM AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: APRIL 5, 2007 RECORDIN NO.: 20070 0500062 27C 10 1BII (6/06) 5 _ ALTA Commitment — 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA AM ERICAN members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land LAND THE Title Association File No.: 20368024-410-T20 SCHEDULE B — Section II (Continued) 12. RE ULATOR A REEMENT AND THE TERMS AND CONDITIONS THEREOF: RECORDED: DECEMBER 21, 2012 RECORDIN NO.: 20121221001955 DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: RANTOR: MULTI-SER 'ICE CENTER, A WASHIN _TON NONPROFIT CORPORATION TRUSTEE: FIDELIT NATIONAL TITLE INSURANCE COMPAN BENEFICIAR IMPACT CAPITAL, A WASHIN TON NON-PROFIT CORPORATION ORI _-INAL AMOUNT: "265,127.00 DATED: DECEMBER 19, 2012 RECORDED: DECEMBER 21, 2012 RECORDIN NO.: 20121221001956 DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: RANTOR: MULTI-SER 'ICE CENTER, A WASHIN .TON NONPROFIT CORPORATION TRUSTEE: FIDELIT : TITLE INSURANCE COMPAN BENEFICIAR IN COUNT ORI INAL AMOUNT: 27 ,870.00 DATED: DECEMBER 19, 2012 RECORDED: DECEMBER 21, 2012 RECORDIN NO.: 20121221001957 SUBORDINATION A .REEMENT AND THE TERMS AND CONDITIONS THEREOF: B A REEMENT DATED: DECEMBER 20, 2012 RECORDED: DECEMBER 21, 2012 RECORDIN.- NO.: 20121221001958 THE ABO E DEED OF TRUST WAS MADE SUBORDINATE TO THE DEED OF TRUST RECORDED UNDER RECORDIN NO.20121221001956. SET FORTH AT PARA RAPH I HEREIN. 1 UNRECORDED LEASEHOLDS, 1F AN :; RI HTS OF ENDORS AND HOLDERS OF SECURIT INTERESTS ON PERSONAL PROPERT- INSTALLED UPON THE LAND; AND RI HTS OF TENANTS TO REMO E TRADE FI TURES AT THEE PIRATION OF THE TERM. MATTERS RELATIN TO THE UESTIONS OF SUR E , RI HTS OF PARTIES 1N POSSESSION, AND UNRECORDED LIEN RI HTS FOR LABOR AND MATERIAL, IF AN , THE DISPOSITION OF WHICH WILL BE FURNISHED B SUPPLEMENTAL REPORT. END OF SCHEDULE B — SECTION II 27C 101 BII (6/06) 6 — ALTA Commitment — 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA AM F- members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land L. D TITIE Title Association. "°` " File No.: 20368024-410-T20 NOTES NOTE l: IT SHOULD BE NOTED THAT IN THE CASE OF A SALE OR MORT A E OF ALL OR SUBSTANTIALL.' ALL OF THE LAND AND ASSETS OF A CORPORATION, RE ARDLESS OF THE RE UIREMENTS OF THE OR ANI ATIONS IN OL ED, THE WASHIN TON NON-PROFIT CORPORATION ACT (RCW 2 .0 .215) RE UIRES A SPECIAL PROCEDURE. IF THERE ARE NO MEMBERS HA IN ' OTIN RI HTS, THE ACT RE UIRES A SALE OR MORT A E TO BE AUTHORI ED B MA ORIT _ OTE OF THE DIRECTORS. IF THERE ARE MEMBERS HA -IN OTIN RI HTS, THE ACT RE UIRES THE FOLLOWIN THAT THE BOARD OF DIRECTORS ADOPT A RESOLUTION RECOMMENDIN THE SALE OR MORT A E AND DIRECTIN THAT IT BE PUT TO A OTE OF THE MEMBERSHIP. THAT WRITTEN NOTICE OF THE MEETIN STATIN ONE OF THE PURPOSES IS TO SECURE APPRO AL OF THE TRANSACTION TO BE I _EN TO EACH MEMBER, IN ACCORDANCE WITH THE ARTICLES AND B -LAWS, BUT IN NO CASE TO BE DELI ERED LESS THAN 10 OR MORE THAN 50 DA S BEFORE THE MEETIN . THAT AI ITHORI ATION AT SUCH MEETIN RE UIRES A TWO -THIRD OTE OF THE MEMBERSHIP PRESENT: AND THAT AFTER SUCH MEETIN THE BOARD OF DIRECTORS APPRO E SUCH TRANSACTION B APPROPRIATE RESOLUTION. NOTE 2: BASED ON INFORMATION PRO IDED TO THE COMPAN __, ON THE DATE OF THIS COMMITMENT IT APPEARS THAT THERE IS LOCATED ON THE LAND: COMMERCIAL/INDUSTRIAL STRUCTURE(S) NOWN AS: 29 0 PACIFIC HW S FEDERAL WA , WA 9800 NOTE IF OU WOULD LI E THE COMPAN TO ACT AS TRUSTEE IN THE PROPOSED DEED OF TRUST, PLEASE NOTE THAT FIDELIT NATIONAL TITLE OF WASHIN TON, INC. MA ACT AS TRUSTEE OF A DEED OF TRUST UNDER RCW 61.2 .010(I ). NOTE ; THE COMPAN RE UIRES THE PROPOSED INSURED TO ERIF THAT THE LAND CO ERED B THIS COMMITMENT IS THE LAND INTENDED TO BE CON E ED IN THIS TRANSACTION. THE DESCRIPTION OF THE LAND MA BE INCORRECT, IF THE APPLICATION FOR TITLE INSURANCE CONTAINED INCOMPLETE OR INACCURATE INFORMATION. NOTIF THE COMPAN WELL BEFORE CLOSIN IF CHAN ES ARE NECESSAR . CLOSIN INSTRUCTIONS MUST INDICATE THAT THE LE AL DESCRIPTION HAS BEEN RE IEWED AND APPRO ED B ALL PARTIES. NOTE 5: THE FOLLOWIN MA BE USED AS AN ABBRE _ IATED LE AL DESCRIPTION ON THE DOCUMENTS TO BE RECORDED, PER AMENDED RCW 65.0 . SAID ABBRE IATED LE AL DESCRIPTION IS NOT A SUBSTITUTE FOR A COMPLETE LE AL DESCRIPTION WITHIN THE BOD OF THE DOCUMENT. PTN LOT , BL 2, HALLS ACRE TRACTS, OL. 20, P .25 NOTE 6: IN THE E ENT THAT THE COMMITMENT AC ET IS NOT ATTACHED HERETO, ALL OF THE TERMS, CONDITIONS AND PRO ISIONS CONTAINED IN SAID AC ET ARE INCORPORATED HEREIN. THE COMMITMENT AC ET IS A AILABLE FOR INSPECTION AT AN COMPAN OFFICE. 27C 101 Notes (6/06) 7 ALTA Commitment — 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land LA.`-��''Ifl1 Title Association. ^` File No.: 20368024-410-T20 NOTES (Continued) NOTE 7; THE FOLIC (S) OF INSURANCE MA CONTAIN A CLAUSE PERMITTIN - ARBITRATION OF CLAIMS AT THE RE :VEST OF EITHER THE INSURED OR THE COMPAN -. UPON RE -UEST, THE COMPAN WILL PRO_ IDE A COP. OF THIS CLAUSE AND THE ACCOMPAN, IN'- ARBITRATION RULES PRIOR TO THE CLOSIN OF THE TRANSACTION. NOTE 8: PRIOR TO CLOSIN PLEASE CONTACT OUR TITLE OFFICER FOR CURRENT COURIER AND/OR ACCOMMODATION FEES WHICH MA BE CHAR ED FOR RECORDIN RUNS. END OF NOTES 27C101 Notes (6/06) 4 __ _ ALTA Commitment — 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA � 1MERI C_4h members in good standing as of the date of use All other uses are prohibited. Reprinted under license from the American Land [AND ri rl EE Title Association. CONDITIONS The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquired actual Fnowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage'thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such 3howledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such _howledge. If the proposed Insured shall disclose such 'Fhowledge to the Company, or if the Company otherwise acquires actual -howledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph Hof these Conditions. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaAng in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is -,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. -7ou may review a copy of the arbitration rules at :_http://www.alta.org/ -. 27C 101 (6/06) 9 ALTA Commitment - 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA � CAM members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land LAND TITLE Title Association. '.Yu" gnov Order No.: 20 6802 Effective Date: 5/l/2008 Fidelity National Financial, Inc. Privacy Statement Fidelity National Financial, Inc. and its subsidiaries (-FNF--) respect the privacy and security of your non-public personal information (ersonal Information'and protecting your Personal Information is one of our top priorities. This Privacy Statement explains FNF.s privacy practices, including how we use the Personal Information we receive from you and from other specified sources, and to whom it may be disclosed. FNF follows the privacy practices described in this Privacy Statement and, depending on the business performed, FNF companies may share information as described herein. Personal Information Collected We may collect Personal Information about you from the following sources: Information we receive from you on applications or other forms, such as your name, address, social security number, tax identification number, asset information, and income information; J Information we receive from you through our Internet websites, such as your name, address, email address, Internet Protocol address, the website lin -5 you used to get to our websites, and your activity while using or reviewing our websites; I Information about your transactions with or services performed by us, our affiliates, or others, such as information concerning your policy, premiums, payment history, information about your home or other real property, information from lenders and other third parties involved in such transaction, account balances, and credit card information; and Information we receive from consumer or other reporting agencies and publicly recorded documents. Disclosure of Personal Information We may provide your Personal Information (excluding information we receive from consumer or other credit reporting agencies) to various individuals and companies, as permitted by law, without obtaining your prior authorization. Such laws do not allow consumers to restrict these disclosures. Disclosures may include, without limitation, the following: To insurance agents, bro ers, representatives, support organizations, or others to provide you with services you have requested, and to enable us to detect or prevent criminal activity, fraud, material misrepresentation, or nondisclosure in connection with an insurance transaction; To third -party contractors or service providers for the purpose of determining your eligibility for an insurance benefit or payment and/or providing you with services you have requested; _ To an insurance regulatory authority, or a law enforcement or other governmental authority, in a civil action, in connection with a subpoena or a governmental investigation; To companies that perform mar -sting services on our behalf or to other financial institutions with which we have joint mar Ming agreements and/or To lenders, lien holders, judgment creditors, or other parties claiming an encumbrance or an interest in title whose claim or interest must be determined, settled, paid or released prior to a title or escrow closing. We may also disclose your Personal Information to others when we believe, in good faith, that such disclosure is reasonably necessary to comply with the law or to protect the safety of our customers, employees, or property and/or to comply with a judicial proceeding, court order or legal process. Fidelity National Financial, Inc. — Privacy Statement — Page 1 of 2 Order No.: 20 6802 Effective Date: 5/l/2008 Disclosure to Affiliated Companies -We are permitted bylaw to share your name, address and facts about your transaction with other FNF companies, such as insurance companies, agents, and other real estate service providers to provide you with services you have requested, for mar�lting or product development research, or to marCet products or services to you. We do not, however, disclose information we collect from consumer or credit reporting agencies with our affiliates or others without your consent, in conformity with applicable law, unless such disclosure is otherwise permitted by law. Disclosure to Nonaffiliated Third Parties - We do not disclose Personal Information about our customers or former customers to nonaffiliated third parties, except as outlined herein or as otherwise permitted by law. Confidentiality and Security of Personal Information We restrict access to Personal Information about you to those employees who need to show that information to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard Personal Information. Access to Personal Information/ Requests for Correction, Amendment, or Deletion of Personal Information As required by applicable law, we will afford you the right to access your Personal Information, under certain circumstances to find out to whom your Personal Information has been disclosed, and request correction or deletion of your Personal Information. However, FNF s current policy is to maintain customers -'Personal Inforntation for no less than your states required record retention requirements for the purpose of handling future coverage claims. For your protection, all requests made under this section must be in writing and must include your notarized signature to establish your identity. Where permitted by law, we may charge a reasonable fee to cover the costs incurred in responding to such requests. Please send requests to: Chief Privacy Officer Fidelity National Financial, Inc. 601 Riverside Avenue "2c-sonville, FL 1 920. Changes to this Privacy Statement This Privacy Statement maybe amended from time to time consistent with applicable privacy laws. When we amend this Privacy Statement, we will post a notice of such changes on our website. The effective date of this Privacy Statement, as stated above, indicates the last time this Privacy Statement was revised or materially changed. Fidelity National Financial, Inc. - Privacy Statement - Page 2 of 2 After recording return to: Multi Service Center, a Washington nonprofit corporation P.O. Box 23699 Federal Way, WA 98293 Reference: 12883652- -410- -MP I�Btl1��1111�9Y�GIIIEhNI�uII�IREN 20121221001954 KING COUNTY, WA E2580998 12/21/2012 15:08 KING COUNTY, WASS SALE SJ5;000.00 PAGE-001 OF 001 STATUTORY WARRANTY DEED THE GRANTOR(S) BWW Real Estate LLC, a Washington limited liability company, for and in consideration of Ten ($10.00) Dollars and other good and valuable consideration in hand paid, conveys and warrants to Multi Service Center, a Washington nonprofit corporation the following described real estate, situated in the County of King, State of Washington: See Exhibit A attached hereto and made a part hereof. Subject to: Those items specifically set forth on Exhibit "B" attached hereto. Abbreviated Legal: (Required if full legal not inserted above.) Lot 4, Block 2, Hall's Acre Tracts. Volume 20, Page 25 Tax Parcel Number(s): 304020 0081, 304020 0079, Recorded at the request of FIDELITY NATIONAL T E MAJOR ACCOUNTS Order# 17"Y7451 074 Statutory Warranty Deed Fidelity National Title of Washington, Inc. LPB-10-05 (Itr) (1/06) Reference.: Statutory Warranty Deed 12883652 410 MP Dated: December 19, 2012 Grantor: BWW Real E tate LLC, a Washington limited liability compan By: me:j-0 To rzak Tit • I State of Washington SS: County of I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that (he/she) signed this instrument, on oath state t hel he) is authorized o exec r,� th��el1iv—rurne t and acknowledged it as the = __ off �l1�Gia> C17 11,I✓ to be the Free a d o un a act of such arty for the uses and purposes mentioned in the instrument. Dated: [ Given u er y ha an official seal the day and year last above written. �,�n�w►►�l+rs Notary Public in Residing at My Appointment y08.20.1i -Q °°Isassa."NN OFSW A5► �„�s` Page 2 of 5 LPB 10-05(Itr) (1-06) Exhibit A PARCEL A: THE WEST 100 FEET OF LOT 4, BLOCK 2, HALL'S ACRE TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 2- OF PLATS, PAGE 25, IN KING COUNTY, WASHINGTON; EXCEPT THE WEST 20 FEET THEREOF FOR STATE HIGHWAY; AND EXCEPT THAT PORTION THEREOF TO THE CITY OF FEDERAL WAY FOR ROAD PURPOSES BY SUPERIOR COURT CAUSE NUMBER 06-2-01388-3 KNT, RECORDED UNDER RECORDING NUMBER 20061025001096; AND ALSO EXCEPT THAT PORTION THEREOF DEEDED TO THE CITY OF FEDERAL WAY, A WASHINGTON MUNICIPAL CORPORATION, RECORDED OCTOBER 8, 2007, UNDER RECORDING NUMBER 20071008000058; PARCEL B: LOT 4, BLOCK 2 OF HALL'S ACRE TRACTS, AS PER PLAT RECORDED IN VOLUME 20 OF PLATS, PAGE 25 RECORDS OF KING COUNTY AUDITOR; EXCEPT THE WEST 100 FEET THEREOF AS MEASURED ALONG THE NORTH LINE; AND EXCEPT THE EAST 87 FEET THEREOF AS MEASURED ALONG THE NORTH LINE; TOGETHER WITH AN EASEMENT FOR INGRESS, EGRESS OVER THE NORTH 12 FEET OF THE WEST 100 FEET OF SAID LOT 4; EXCEPT THE WEST 20 FEET THEREOF CONVEYED TO THE STATE OF WASHINGTON FOR STATE HIGHWAY; ALSO TOGETHER WITH AN EASEMENT FOR INGRESS AND EGRESS OVER THE NORTH 15 FEET OF THE WEST 87 FEET OF SAID LOT 4, BLOCK 2, SAID ADDITION; SITUATE IN THE CITY OF FEDERAL WAY, COUNTY OF KING, STATE OF WASHINGTON. Exhibit B Subject to: 1. NOTICE OF TAP OR CONNECTION CHARGES WHICH HAVE BEEN OR WILL BE DUE IN CONNECTION WITH DEVELOPMENT OR RE -DEVELOPMENT OF THE LAND AS DISCLOSED BY RECORDED INSTRUMENT. CITY/COUNTY/AGENCY: FEDERAL WAY WATER AND SEWER DISTRICT RECORDED: MAY 18, 1987 RECORDING NO.: 8705181420 2. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PUGET SOUND POWER & LIGHT COMPANY PURPOSE: ELECTRICAL TRANSMISSION AND/OR DISTRIBUTION SYSTEM AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: NOVEMBER 19, 1932 RECORDING NO.: 2741705 3. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: ROY H. EMMETT AND MILDRED M. EMMETT PURPOSE: INGRESS AND EGRESS AREA AFFECTED. NORTH 12 FEET OF SAID PREMISES RECORDED: NOVEMBER 16, 1962 RECORDING NO.: 5507418 4. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PACIFIC NORTHWEST BELL TELEPHONE COMPANY PURPOSE: BURIED COMMUNICATION LINES AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: DECEMBER 20, 1996 RECORDING NO.: 7612200629 5. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: LAKEHAVEN SEWER DISTRICT PURPOSE: SEWER MAINS AREA AFFECTED: NORTH 10 FEET OF SAID PREMISES RECORDED: MAY 24, 1978 RECORDING NO.: 78052420997 6. MATTERS SET FORTH BY SURVEY: RECORDED: MAY 24, 1978 RECORDING NO.: 8507199002 7. MATTERS SET FORTH BY BOUNDARY LINE AND COMMON WALL AGREEMENT RECORDED: DECEMBER 12, 1988 RECORDING NO.: 8812130270 S. 9. Exhibit B (Continued) EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: WASHINGTON NATURAL GAS PURPOSE; GAS PIPELINES AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: - DECEMBER 19, 1988 RECORDING NO.: 8812190650 EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PUGET SOUND ENERGY, INC. PURPOSE: ELECTRICAL TRANSMISSION AND/OR DISTRIBUTION SYSTEM AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: APRIL 5, 2007 RECORDING NO.: 20070405000624 Assessor -Map Page 1 of 1 >> i. VQ. f -- s. S 293rd St �77 70 30 rl . - �� TCO 17-1749 1 Q: 302494 n�. 239.24 3�.73 sr V'1 SB.S s 48008 LU- LOT2 > 115 20 - ,. Q R 668737 3 _ =,. 2 ': LOT 3 7 2 813 x; 13577? '' 1 0i. Z K `_ o FWSP 91-0006 C -- ' E w v T K.C. LLA - 8709006 rt .a t- � - LOT 1 r a 3 1 '_ C !A 39984t 3 i N 8�-56-19 W y, _ + 108.6 > mj37Q E Co . -TRAC M ' r,�' - HALLS 4 r 4 c. y 4 100421 153744 J104404 r 5` n 530 ' 02 g Con s AQUARIU VOL 220 98-s 1757'19 = 76056 U 9315E U.e.- Q T 1•;3_O1 - Cl- 5 e1 o ra - 17a .t W Q -(V This map has been copied from the public records and is provided solely for the purpose of assisting in locating the premises. No liabilities are assumed for inaccuracies contained herein or for variations, if any, in dimensions, area or location of the premises or the location of improvements ascertained by actual survey. http://geo.sentrydynamics.net/wa❑Ing/assrmap.aspxEparcelid❑EOE0200079 9/16/201 C F:L&lLn=:6q0 ACRT at— Mmn�.w��wr r 3 1xx /9 6 I nl - ol 7 PL B ti ca.: &oa/e: /inch =IOOfee . ke rtze, 51t�r f Sc Duff��n e. a, +s 1 I•'� 4yam 3 �f 3 Al; 5 ^ 5 13 �I v s ^ r ,�CKNOWLEk1GMENT f &:e ��t j,��, �.rv�nh� n mrn ui� cd an r al wr► Iw�Car l► afr5� rr/.uo rr..�,. InW.,bw5511'herwt:Ihavelielvan /osemy pry :: � �,ZIIY.i���Wi1�is�Nbtl/ia'dcsioncs,�c�urs-,�xamrixda�rdgvprnre�l��,�c��c'daarrJa! Anda{fire�myoffirialsralthcdayc�y�ara �e esas- I�s6raQs 1�wriAir v reei T I the ,my Ga�mtiv xrs nq�perrny.Ph�s z �doy wrilton. A. B.Gcr rxain maruarsents/pve nsetarY ,�itorrd6k�carra�s a{Qr.�A. 41. 5;9ned Lilricl/Y1`�nzie Notary �N cinond%arlba �alrcd�rrgrou»�( = Attest Otto,. e czfe `i:�1��5tore9 r.n�xdAriil4�provsdthis27Gvyofcfel.A.al9l� 770010 F J.,eNlor�isc, dvyalOd A. 1911, rJtimcsµasllDri f ?Qax y y• rr�rrded�m"&Iumme0of Wj bage.?5re�ds OxtaA.Gvse 6 (vxn/ fn .nccr pfJll/J� Ga�n'ty. far. iiudihr .y ,:. � •-� . •.�vfK'I�'�� � Popr/�c RETURN ADDRESS: SUSAN DELANTY JONES PRESTON GATES & ELLIS LLP 925 FOURTH AVENUE, SUITE 2900 SEATTLE, WA 98104-1158 0 R_S79 OF Des I,a49 '55012005 134fR KING CpIiN7Y 6 NO Please print neatly or type information Document Title(s) CONSENT JUDGMENT AND DECREE OF APPROPRIATION (PARCEL 5 — Johnson) Reference Number(s) of related documents Additional Reference Ws on page T Grantor(s) (Last, First and Middle Initial) JOHNSON, GARY A. Additional Grantors on page Grantee(s) (Last, First and Middle Initial) CITY OF FEDERAL WAY Additional Grantees on page Legal Description (abbreviated form: i.e. lot, block, plat or section, township, range, quarter/quarter) (See Exhibit A for full description) Additional Legal on page _ Assessor's Property Tax Parcel/Account Number 304020-0081 Additional Parcel #'s on page 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16' 17 18 19 20 21 22 23 2L 2`. Original The Honorable Brian Gain 4 Lofi OCT [ 8 Pr} 2' 34 SEATTt-E, WA, IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN'AND FOR THE COUNTY OF KING CITY OF FEDERAL WAY, a municipal corporation, 1 V. DAVID J. RHODES; et al., Petitioner, Respondents. No. 06-2-01388-3 KNT CONSENT JUDGMENT AND DECREE OF APPROPRIATION (PARCEL 5 — JOHNSON) Tax Parcel No. 30402000081 [CLERK'S ACTION REQUIRED] JUDGMENT SUMMARY 1. Petitioner City of Federal Way 2. Vested Fee Owners Gary A. Johnson, as his separate estate 3. Principal Judgment $8,104.00 4. Costs and Fees Each party to bear its own costs and expert and attorney's fees 5. Prejudgment Interest Included in Principal Judgment Amount 6. Unpaid .lust Compensation Amount shall bear interest at the rate of 12% per annurn pursuant to RCW 4.45.110 from the date this Consent Decree and Judgment of Appropriation is entered until the unpaid balance of the Just Compensation Amount is paid into the registry of the Court in the manner set forth herein. �A CONSENT JUDGMENT AND DECREE OF APPROPRIATION - l JOHNSON -- Parcel 5 PRESTON GATES & ELLIS LLP AVENUE 925FOUSUITE E 2900900 SEATI-LE, WASIax-OTON 99104-1158 K:134887100018W 1 W Al W_L204N TELEVRON E- (200) W--; 580 FACSIMILE: (206) 623-7022 t 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JUDGMENT AND DECREE THIS MATTER having come before the Court upon the consent of the parties upon the Petition of the City of Federal Way ("Petitioner"), seeking: 1) A determination of just compensation to be paid in money for the taking and appropriation of the subject property; 2) A judgment and decree of the Court providing for payment of the just compensation so determined; and 3) A decree of appropriation vesting title to the subject property in Federal Way and adjudging that Federal Way be entitled to immediate possession thereof. THE COURT HAVING entered its adjudication of public use and necessity, declaring that the use for which the subject property, legally described in Exhibit A to this decree, and as described in the petition (the "Property"), is sought to be appropriated is a public use, and declaring that there is a public necessity for such appropriation. Petitioner is represented by Susan Delanty Jones and Alina A. McLauchlan of Preston Gates & Ellis LLP, its attorneys, and respondents, Gary A. Johnson is represented by Daryl A. Deutsch of Rodgers Deutsch & Turner. The parties have stipulated to and approved the form of this Consent Judgment and Decree of Appropriation. NOW, THEREFORE, in accordance with the parties' stipulation and agreement, it is hereby ORDERED, ADJUDGED AND DECREED that the sum of Eight Thousand One Hundred and Four Dollars and No Cents ($8,104.00) represents the just compensation for the Property taken. In order to satisfy the monetary requirements of this Consent Decree, Federal Way has previously deposited Seven Thousand Four Hundred Dollars and No Cents ($7,400.00) and will deposit into the Court's registry the additional amount of Seven Hundred and Four Dollars and No Cents ($704.00). The total amount of $8,104.00 represents just compensation for the Property. CONSENT JUDGMENT AND DECREE OF APPROPRIATION - 2 JOHNSON -- Parcel 5 KA34887\000181A1MA1W L204N PRESTON GATES & ELLIS LLP 925 FOURTH AVENUE SUITE 2900 SEATTLE, WASHINGTON 98104,1158 TELEPHONE: (206) 623-7580 FACSIMILE: (206) 623-7022 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 IT IS FURTHERORDERED, ADJUDGED AND DECREED that upon deposit of $704.00 into the registry of the court Petitioner is hereby granted the right to appropriate, use and take the Property, and all of the right, title and interest of respondent in or to the Property described in Exhibit A to this Decree, and of those claiming by, through or under it, and title shall be vested in petitioner in fee simple. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that upon the deposit of $704.00 into the registry of the court Petitioner is hereby granted the right to appropriate, use and take the Property described in Exhibit A to this Decree, for the purposes of a perpetual and permanent easement for the placement and operation of utilities. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that upon depositing the amount of $704.00 into the registry of the court, Federal Way will provide notice to all parties with an interest in the Property. Mr. Johnson, and such parties, if any, must seek disbursement of the funds, if at all, pursuant to RCW 8.12.150. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that a certified copy of this Consent Decree and Judgment of Appropriation shall be filed in the Office of the King County Auditor and shall be recorded by such Auditor like a deed of real estate with like effect. DONE IN OPEN COURT this S day o , 2006. CONSENT JUDGMENT AND DECREE OF APPROPRIATION - 3 JOHNSON -- Parcel 5 K:1348871000181A1 W W 1 W_L204N 1NA-,-FN `-i5 PRESTON GATES & ELLIS LLP 925 FOURTH AVENUE SUITE 2900 SEATTLE, WASHINGf'ON 99104-1158 TELEPHONE: (206) 623-7580 FACSIMILE: (206) 623-7022 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18, 191 20 21 22 23 24 25 Presented by: PRESTON GATES & ELLIS LLP am Z5usan OCIanzy Jones, WSBA# Alina A. McLauchlan, WSBA Attorneys for Petitioner City of Federal Way Approved as to Form; Approved for Entry: RODGERS DEUTSCH & TURNER B �J y X4-/--� Daryl A. Deutsch, Esq., WSBA# 11003 Attorney for Respondent Gary A. Johnson KING COUNTY By_ 3Re CL4 Margaret A. Pahl, WSBA # 19019 King County Prosecutor's Office CONSENT JUDGMENT AND DECREE OF APPROPRIATION - 4 JOHNSON -- Parcel 5 K.%348871000161A1 W Al W L204N I PRESTON GATES & ELLIS LLP 925 FOURTH AVENUE SUITE 2900 SEATTLE, WASHINGTON 98104.1158 TELEPHONE: (206) 623-7580 FACSD&LE: (206) 623-7022 09/19/Z006 11:28 FAX 206 296 0191 KING CTY PROSECUTING ATT U 003/005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 is 19 20 211'I 221 23 24 25 Presented by: PRESTON GATES g$ ELLIS LLP By Alina A. McLauchlan, WssA Attorneys for Petitioner Cily of Federal Way Approved as to Form; Approved for Entry: RODGERs DEUTSCH & TURNER By 1 Al-� Daryl A. Deutsch, Esq., WsaA y 11003 Attorney for Respondent Gary A_ Johnson KJNG COUNTY Margaret A- Plahl, WS13A 1119019 King County Prosecutor's Office CONSENT JUDGMENT AND DECREE OF APPROPRIATION - 4 JOIiNSON -- Parcel 5 103488i10 OMAlMAIW L.204N PREST ON GATES & GLUS L L P 91,5 FOUR771 AVENUE SUITE:900 SGATTLG, WASIIINGTON 98104.1158 TCLEP110NE: l'-0G) Gm-i S80 fAC,SIb11 M 005) G37-10?? EXHIBIT At ' PARCEL NO. 30402000.81 RIGHT OF WAY AND UTILITIES EASEMENT THE WEST 3.50 FEET OF THE HEREINAFTER DESCRIBED PARCEL A' CONTAINING 420 SQUARE FEET, MORE OR LESS. PARCEL "A" THE WEST 100 FEET OF LOT 4, BLOCK Z HALL'S ACRE TRACTS, ACCOROING TO THE PLAT THEREOF RECORDED IN VOLUME 20 OF PLATS, PAGE 25, IN KING COUNTY, WASHINGTON, EXCEPT THE WES T 20 FEET THEREOF CONVEYED TO THE STATE OF WASHINGTON FOR ROAD BY DEED RECORDED UNDER RECORDING NUMBER 2095639. SURVEYORS NOTE THE CENTERLINE OF PACIFIC HIGHWAY SOUTH (SR 99) IS BASED ON THE RIGHT OF WAY PLANS FOR SR 99 HO V LANES PHASE 3, ON FILE WITH THE CITY OF FEDERAL WAY PUBLIC WORKS. 3040200081 esmLdoc E A R T H@ T E C H A t yW tMMATO AL ETD COWAM' ,JA,il SEC. 4, T_ 21 N., R. 4 E. W.M. PROPOSED 58.5. !! ROW TAX LOT NUA481DZ 3040200070 PROPERTY UNE 50' N. TS. w o fl TAX LOT NUMBER AZT N o 3040200081 rn 53. s' - rn W 3.5' ROW AND UnU77F5 EASEMENT = 420 S F f _a o o PROPERTY [JNF _ EYJS71NG z ROW C/L j U If U Q 0- Exrsnrvc TAx., iOr NuVRER ! ROW PROPOSED 3040200085 ROW PROPERTY LINE 58.5' Ext4o T PARCEL 3040200081 ROW AND UTILITIES EASEMEN T Rev_ Aug 16. 2005 - ACAD No. 3040200081 csrmt E A_ R T H T E C H 10800 WE atn St 720 S. 333 % Ste_200 7tn Floor Fedeml Way. WA 98003 Believnq WA 98004 253 OM-6202 425 455-9494 VA, STATE OF WASHINGTON County of King 1. BARBARA MINER, Clerk of the Superior Court of the State of Washington, for the County of King, do hereby certify that I have compared the foregoing copy with the original instrument its the same appears an file ar-,d of ra c;ord in my office, and that the aar <,n is a true and perfect transoript w said origin, I and of the whole thereof, IN TESTIMONY WHEREOF, I have l;ereunt i nay hand and affixed the Seal of said Superior Court at my off] at Seattle this_..........,' clay of 20 f— SAHBA M N RFSupsriot Court Clark ti �epvty Qleri J. A4i�- Return Address: City of Federal Way Attn: Law Dept. 33325 8th Avenue South PO Box 9718 Federal Way, WA 98063-9718 E2314447 10/03/2007 08:57 KING COUNTY, WA STLE $10.00 $0.Go PAGE001 OF 001 STATUTORY WARRANTY DEED Grantor (s): BWW :REAL ESTATE, LLC, a Washington Limited Liability Company Grantee (s): CITY OF FEDERAL WAY, a Washington municipa. I corporation Property Legal Description (abbreviated): Ptn. Lot 4, Blk. 2, Hall's Acre Tracts, Vol. 20, pg. 25 Additional Legal(s) on Exhibit A Assessor's Tax Parcel ID#(s): 304020-0081 13WW REAL. ESTATE, LLC, a Washington Limited Liability Company, for and in consideration of Ten Dollars (S l 0.00) andother other good and valuable consideration, receipt of which is hereby acknowledged, and under threat of the exercise of eminent domain, conveys and warrants to the CITY OF FEDERAL WAY, a Washington municipal corporation, the real property described in Exhibit "A" and depicted in Exhibit "A-l" herewith attached and made a part hereof, and any after -acquired interest therein, situated in King County in the State of Washington. DATED TIIIS day of , 2007. GRANTOR BWW REAL ESTATE, LLC a Washington Limited Liability Company Be PARCEL: 304020-0081 STATE OF WAS11INGTO1',1 ss. COUNTY OF KING I certify that I know or have satisfactory evidence that c is/are the person(s) who appeared before me, and said person(s) acknowledged that (he/she/they) signed this instrument, �ath( e sloe/ c) tw�slwere} authorized to execute the instrument and acknowledged it as the �� ., ofBWW REAL ESTATE, LLC, to be the free and voluntary act of such party for the uses and purpo3es mention d in the instrument. C DATED this day of �� , 200 . (SEAL) Notary �Iq iJ Residing at , ` V .. (NAK 9 My appointment expires `1 r W Ggbti °F w�►�'t'� -2- PARCEL: 304020-0081 . ; EXHIBIT A PARCEL NO. 3040200081 RIGHT OF WA Y THE WEST 5.00 FEET OF THE HEREINAFTER DESCRIBED PARCEL 'A ". CONTAINING 600 SQUARE FEET, MORE OR LESS. PARCEL. "A' THE WEST 100 FEET OF LOT 4, BLOCK 2, HALL'$ ACRE TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 20 OF PLATS, PAGE 25, IN KING COUNTY, WASHINGTON; EXCEPT THE 1NEST 20 FEET THEREOF FOR STATE HIGHWAY. ALSO EXCEPT THE WEST 3.5 FEET THEREOF TO THE CITY OF FEDERAL WAY FOR ROAD BY SUPERIOR COURT CAUSE NO. 06-2-01388-3 KNT RECORDED UNDER RECORDING NUMBER 20061026001096. SURVEYORS MOTE: THE CENTERLINE OF PACIFIC HIGHWAY SOUTH ISR 99) IS BASED ON THE RIGHT OF WAY PLANS FOR SR 99 HOV LANES PHASE 3, ON FILE W1TH THE CITY OF FEDERAL WAY PUBLIC WORKS. 1- 24, -0 7 3040200081 row dedication.doc 1 - ,rA('C)t%4A- SFATTLF. m • n i � nS rtotl.r:e of Auditional water or Sewer rp Facility ".*ap or Connect' in t_harge blOTTdE IS agMy GXVW that Federal Pay Water and Sbv{er ; `•' �,. District, of King County, WashiAgton, intends to levy a tap jsx_don- +a naction 'charge foc providing water sanitary sawet N'Vi� to the se-:4X y, below d-aacri'aed; Further inEar►,%atior. rogardingI he t'htrge is avai able at the District oi=icH at 31527 P.irat Avanue Scut') pedecal dray, Wa.ahington. Miling �1. r&ls: n t7 l� 424-9, Fe&,Tdl. Clay 9606.. Tho reatty subject ka the tali ar conn6at:io:; charge is described M LXHIBITS A. 7, C AND 0 A.T�'.QHZD dERE7'0 'T'lJ PYGC}C�' 49 ^ive:'! pllr9l:dot. to it,c-U 65.04..l7D. n 10th dry of YA :...ti .� l9 81 . rly xy —eraled seewer po nition: Rot ec or cry �'n�ir. is g S.11TE Or WA8aitGTON l sas coctrtty of King i I certify that I know or have iatisf&vtory evidence that, S&COhen wieneke signed grin instrumv►t, or, lath. stated that me is antbGrxxe to execute the instrument aad acknoihleuged.it i as the .zect2 _ P� 02109g of FEDERAL WAY WATER AND SEWER DTSTitZcr to a the Erie and vh7n-Vary act, of such party for the isr:s &na purposes mentioned in the inst:un+nnt. 1917 C • C. Notary Public r Title My appointment expires 87r0-9 'ie 41420 0 RECD F 9.00 %A5Ei5E. *g. �D �1• � , ;4 "1 MaUB1T ,,,V' LEGAL IMSCRIPRIGN Conte -lion in Lieu of �55e�3&ELSt 'Federal Way Wa4-er and Sewer Dit;trict Westerly 150 feet of Lots 37 through 48, plat o,"" Solana Height& ;-I: carding I-c plat thereof recor_&•.:i In volume 30 of plats, page 9, rec ,zds o f king Ccnntu, 4;ashirgton And a?€o the East 150 feet of the 110st 20C. feet of the Soa:hweat quarter of Section S, Township 21 11ort:h, Range 4 East, W.M, King County, Washington, excozpt the Soutlz 680 Feet thereof.. n� co r �. MM— Cat Q'0 v'a EXHIBIT "6" fl W3)-'L 'DESCRIPTION C* section Charge in, Lien of Raaessment. Federal Way Water and Sewer District - The East 150 feet of the Southeast. quarter of. the Soutlieast q%tarter of Section S, Township 21 Borth, Range. 4 €asp:. W—K., Ki.nq CAnnty, Washingtcn s A.rd also the Kent 150 feet or Tots and 21, Midway Suburban :tracts according to plat thereof recordfA in volume 38 of plats, cage ?.u, records of ICina County, Wasbington; And also a •:tt i,re of land 150 feet in �icrone Lots 15 through 21, said plat of; M14way Suburban: Tracts, 1_ho. Nortae,_ly margin asisg the Southerly margin of South 3=6th Street, e3ccert tno `roost 150 feet of :said Lot 911 And a-qo a strip ov lasnf, 150 f:-at in width across Lots 22 through 28, ra-id plat of Midway Suburhzn Tracta, th.o 3outharly margin Erne North margin of So4th 33.Grh Strfeor. G 3.BGAL DESCAiPTION Connectidn Charge in Lies of Aasessment - Federal flay Water and ruexer D' atriat Lots 1 through 20, plat -If Meridith View Addition aaarrd.ing to Plat thereof rocorded in vo*uine 55 of Plate; gaga 6i, reaord�a: Of Ring County, Washington; And also the Weak. 150.feet of Lats 3. through 5, dock .3 plat' Of Hall'S ACxe Tracks accCrding to Diat tberaof .rerordea in.vdlulna 10 G4 Plat", 25, Waage reeaxds of Fi.ng C0%131ty, Washington, And also Lots B and 16, Block 3 s-lid Plat of Hall's Acre Tracts; And also Lots 1 through 5, Block 2 cai.d plat of Hail's Acre Tracts; - And also the East 120 feet of Lot 6, B.lQck 2 said plat of Hall's Acre Tracts; L .;. And also the E48t 1-'0 FQet of Lo*ty 7 and &, Olock 2 said pier Of Mill's Acre Tracts; And also jests l through 5. y p]e�: at Grant W. Perry Addition aiocording to plat thereof s•,'- +r recorded ir, volume +y6 of- prate, pgge 98, .recards OC King CQUntp, wazshinjton; ; - r-t ,knd d1so Lots 2, 3, 6, 7, 10 and 11, Plock 1 plat of Jeanriott6 5aandviaw Tracts according to plat thereof recorded in bolwne 44 of .plat$, page 68, records of King County, Washington;. And, also the Easterly half of Lots 13 through 17, Block 1 said Jeannette plat of Soundview Tractal And also the Westerly 150 feet of Lots 1 through 12, mock 2 said plat of Jeannette Soundview Tracts; ` ; And also the Worth 150 'fee'c of Lots 25 arid. 26, Hlick 2 Sail plai of Jeannette Scundview.Tiacts; And ;oleo the West 500 feet of the North half of the North half. of ,the 8ORtbW6-: c quarter of the NoAhwast quarter of Section 4, Township 21 North, Raings'4 Eaet, W.M., t exc rang+ West. of Pacific Highvay South; p. po�etion, And also' that portion of the Horthweat a gUartA�c O_ f;2'ce Northwest 3 quarter of-spid Section 4 lying between the last marjin of Pacific Highway Soutb and a ling i50 feet East of Ind Parallel to the last -margin of Paaifxc Highway south'• except tat p pori.ion within the Plat of .Sequoia Courts accordistq�to plat thereof. recards. In i • of plats, pages 3 and 4, records of Ring 4ountyi, Wash3ngtai,; 4� Y :£ Aek�A y- • .� �. . „ 5i�T13I� ,gyp,: ` LEXa • DaSCRIP2 ON COMeGtion Charge i.r, I.zccu of Assessment _ Fedf_ral »ay wat.e-' and Seswex Aiatr;ct: ' ;T ThO West 105 feee of that Porti.or, of the South 113.0 feet of the t Southeast quarter of the Southeast quarter of Section' 1, Township 21 North, Range 3 Past, - W:N., lying WestQrly of 21at Avenue S.W., And also the 4110 feet of E.est 127..87 feat: of the Notts 42.�3 £eet ez the South rhee Southwest eaid Section quarter of thp. southeast quarter of 1. Y 1 :Fti'1• :1 N TO • . a r t .jr. ■ Ea rum* WV AIER, add �YfSIN�r� �f�y }��-�� Sidi jlom _ _�.� ~ .. '�'i?� _ T it-.�T :-.�. r'�• • r'y 70170 ng D May 19 32 27417C�2 'Tov 2 32 $10 b2. 50 i rss Ooear J Drumm and Jennie ia)rumm hwf to F Viola Humphrey a spnr Pp ey and.war sp flg des re sit inlaw: g •20 . ft of lot 10 and 's 20 ft .o "'lot 11 ini.lk 28 P of. Luke -Union add totbecs, vol 1 platspa P38, reesof kow, kn 3918 Densmore Ave: Sea t t�:eF�n • sub j to easement for alleIT purposescrverthe .14 ft -of s6prer18 " sub j to. mtee. lathe present unpd .:amt ❑f$2729. a1 so unpd local imptasarotv. n'ow onntyinsumofQ117 bothof wh the grt®e assumes and agreeetopay Oscar J d Drew Jennie MDrumm kow Wov ,2. 32..by. Osaer J Drum and Jennie ?Qra= hwf bf JW ;icNett- npWntes at s(Nssept 12 34) ratj a humpbrey 5410-latona aye otty ea Huts td Nov 19 32 �� J 2741703. ` Nov Is 32 �� Hugh P Moore, husof 2uth koore, Doolarant is the husband ofRuth Moore, and are residing onthe ;proms ead purabased same for a hmstd and intend to reside thon and claimed- preens as a m:t hastd, toy -wit E 45 2t of lots,1,2,3 and 4, blk 820 5slntonBatipParlaadd to theos, .in vo14 pletspg 76,recsof sd cosh inkora ;.!` 0 actual oa$Yiva-lue of prams abv enac:mbranee is ti76J . Hugh P Moore Y•� kow. Nov I8 32 by Hush P Moore bf Tracy E Gilffi npWnres at s(NS .: Jan -11 '33) ml sp 2012 'west 93rd st city D Nov 19 32 Nov `Y kdith Kelvvg end Herman Kalvoig hoof skow to Continental Agsncie.s, Ina. RcoA-p fp cy.:aa,a.ge to sp4111nt 1a�.flg des re sit 111tap Gown (:ITea lands :in K1;tsap0o,n), �oesnent• t�ov 19 Sg ~+ �_ ��2743:7fl5-. Nov 16 •- 32 41. Arthur L Ud. arthy and Calla C IdcGarVhy, h to Ptta�,.'et sound Poner `u. Light "ompany, a ildaso orp Th6lt ,the ---,sa----246PAO+1- �ainglepole, and to pleae upon — lot 4 blk 2 He 1s .Aq a .Tr;mata., vox 26 platvne 25, reoeor ad co etir 4-' tIM :46vn4 The --=1 foot a-=thaud psrall to the �' TnoPscl tt Tkir---aa fora--Wniit 'the two f1g paragrapne The rights ,`---balls Yo - -Arthur B U00arthy ella C Mo0ahy kern .NDv 16 32 Tsy•. Arthurs, 16-beTthy a n lia C Ucearthy bf' Edward. • Thwin, npTnres at s(NSfob• 3 35) M1 s dime. VOL4344 FAA561. 6 Al 3 21 L0 In -R06ER7 A, kmt AvOITOR KING CQ WY WASH. DEPUTY 16.� Proem L.110 Statutory Wammty Deed THE GRANTOR Sheldon D. 114dotross and Corms L. Lidstron. big wife for and in consideration of Too and no/100 Dollars (020-00) in hand paid, conveys and wursals to Ray R. Aknott amd. Mi 16st i. Missaitt a his wife the following described real situated in the County of King State of Lot 4, Block 2, 6WIL's Acre Tracte. according to the Plat wecordled La volume 20 of plate, PAP 25, Is RIMS COP0009 11164hIP1911*411; XMW4- the wMilit 100 feet thereof. An setnaaat right for $agrees nod ogress to hereby granted to the grauttites harelfte their assixes. ;" to tilts PAIIC avar the north twelve (12) feet of the met 100 ZQAt of lot 4s Block 2, Wise Acre ''recta, according to the plat t reaft*ed In Vo Win 20 of plate, Me 25, In King Cmety, Waskieston- SUBJWr T03 Contract of "Is dated October 15, 1958, WAGCUI:44 by Howard R. P&MODS PIMMI MZVtky IF641000. bA* Vita. VONAOV, a" S111014410ft b- Lidatwo alm CorataPh L. Mdotrow, big vita, wandettil recoc d r4v*obwr 5, 1958, umdar auditor's file No. 4961742, mMc#A the greatest Itarein agree to assume and pay. IJU-Pwl 14P Dated this 14th r, 1962. OVAL) SrAL) STATF OF %VASTI I NGTOX, 57. c,.unty of King (in this day tIerv-ally appeared befure me Sheldon D. LidatrM and Careen L. Lidetroo, his wife -v the indivAtial a descrilwd in and who L%ecuted the within and f"aing instrument, and A-zen to • , �h �Aer�j ha they signed the same ;Ps their free and voluntary act and deed, for the 4,tws therein mentioned. 41;kjjif_p4d- my hand and official seat this I day of IL rasidirir of $400lift • T.�MffS wN/7� I`'ENT GtI�FSN. 5'yd3� �'fflf:., i.�.y c�cn-y _ THIS ACRE F.}ll:NT made this 19th day of _ 1978 by and bet•.een ti.e LAKEHAVEN SEGIF.R i�IS"fR1C"C,j municipal carporatton of Ling � Lcc:nty, 'Vashington, hereinafter termed "Grant.ee", aiid 5 W WHITE and _ c CD EDNA L. WHITE his wife CD' M hereinafter termed "Grantor". C WITNESSET]I: CID N That the said Grantor for valuable consideration does by these presents grant unto the Grantee'a perpetual right -of. -way or easement for serer mains math the necessary appurtenances through, over, and across tie following property, described as follows: The North 10 feet of the follrnaing closcrihcd parcel. The West l00 feet of Lot 4, in BlocK 2 of II.iU:, Acre 'tracts, as rcrorded in Volune. 20 of Plats, Paprc 25, records of King C-Mty, LESS ' The Rest 20 feet there of for road. T0CFT11LR WTTII a Lc:mporary casemont ov,:r the 1`1 focl of said above parcel excluding any area occupied by buildings Sa:d temporary construction easement shall romnin in f rce d ui.ng construction and unlit the sewcr mains and appurtenances Are nec•.ePted for maintenance and operation by the Lakehavan Sewer District. ` - I % EXCISE TAX NOT REOULRED King Co, Records Di-aw 4� FILED for Record at Request of Zp . ' C. (7 Y z • Said Grantee shall have the r1pht, without prior of Rny or -proceeding at law, at such tires as rnay be nece--ary, to enter upon szi-(. easement for the purpoie of conr;uructiii,,, naLntainin.,-,, rnpairifig, -klteyLnL,, or reconstructing sald s-ew--;r main, or rakin, nr. connections therewith, witlioijL incur -ring any legal obligation or litbiliLv thr-reCore; provided that suci, shall be accomplished in a manner that exiszjng private improverients shall not br disturbed or destroyed, or in the event that they are distrubed or destroyed, they will be replaced in as good a cnr;,Jition as they were itzrnej- iately before the property was entered up -Dr. 1�y the Cr,?ntee. The Granter shall retain the right to cse ',he surface of said easement CD if such use does not interfere with install.a,_ion or maintenance of the sE!uer r \I main, However, the Grantor shall not ercc- buildings or structures on the Lf) easement. 00 F_ This easement shall be a covet -ant rl_MtlLng With the land and shall be bindirng on the siicce rs r and as S, -; ;pnof both of the parties hereto. an 4 ZZ- -Ind STATE OF WASHINGTON ss COUNTY OF KING the undersigned, a notar.% P!LL),ILc in and for of ',.'zLshin?ton, hereby certify that on this 19th day of Mav , 19 78 porsonally appeared before me— —anj_ JAMES W. WHITE anc EDNA L. WHITg --in and me kno,.,i to be the individual (s) describi.-I in ;;n,! who executed the ForeVing irstrument, and arknowledged that and --L!, -� the sa-me as their free and voluntary LICL and erizr! roe !-e i;id purposes therein described. In Orld for Lht: SL41tia or 119 LLI REORM11 1,C RSOFiz- 4 ;l ACRE IA OF 0 'D :FU N41tr TO STATE 4 P.M. by R..F.:s FiRt sr, r PZ SA DL BA R-MIP. & AS ew LAND & MINER CIVIL ENGINEU.': PLANNING ' ;12- z 0270 D ECC, F 1.Z, nn CAS.HS►_ v:4:Pie 1:s. i3rl S� BOUNDARY LIME AND COMMON WALL AGREEMENT This Agreement entered into as of this 9tbday of December, 1988 among ANTHONY G. STARKOVICH and BEVERLY J. STARKO`IICH, husband and wife ("Starkovich") , GARY A. JOEI14S011 and CANDACE JOHNSON, husband and wife ("Johnson") and AMITI ACQUISITIONS, a Washington limited partnership ("Avanti"). RECITALS A. Starkovich is the owner of the real property described O in Exhibit 2 hereto and depicted as Parcel 1 on Exhibit 1 hereto "Parcel 1" ) . N( O B. Johnson is the owner of the real property described in Exhibit 3 :eratr, ar,& depicted as Parcel 2 on Exhibit 1 hereto N ("Parcel 211). 00 c0 C. Avanti is the owner of the real property described in Exhibit 4 hereto and depicted as Parcel 3 on Exhibit 1 hereto ("Parcel 311). D. The parties wish to provide for the installation of a common retaining wall along the boundary between Parcel 1 and Parcels 2 and 3. NOW, THEREFORE, the parties covenant and agree as follows: 1. Starkovich shall be entitled to enter onto and make necessary excavations for and do other work necessary to the placement of a concrete wall running from West to East along the westerly approximately eighty -.six (86) feet of the property line between Parcel 1 and Parcels 2 and 3 as depicted by cross -hatching on Exhibit 1. The concrete wall will be eight (8) inches in width and will vary in height from three (3) to five (5) feet. It will be installed on concrete footings varying from approximately three (3) feet to approximately six (6) feet in width. 2. Concurrently with the construction of the Paragraph 1 retaining wall, Avanti shall construct an identical wall commencing with the easterly point of the Starkovich retaining wall and extending easterly for a distance of approximately eighty-one (81) feet along the boundary line between Parcel 1 and Parcels 2 and 3, as depicted by a solid line on Exhibit 1. 3. The retaining wall so erected shall become and be used as a common wall in all respects between Parcel 1 and Parcels 2 and. 3. and the part-ipe hArianv nranf- naaamonf-c f'nr f-ho -9 4. The parties installing the common wall shall pay the cost of installing such wall and indemnify and hold the other parties harmless from all liens or claims arising from the installation thereof. such installation shall be done in accordance with applicable law. The party installing the common wall shall be responsible for the maintenance thereof, except to the extent damage is attributable to the act or neglect of another party hereto or successors or assigns, in which latter event the party responsible for such damage shall reimburse the other party or parties for the cost of such repairs. 5. Starkovich shall be entitled to install a fence which runs along the entire length of the common wall at Starkovich's expense. Such fence shall at all times remain the property of rO Starkovich and may be removed by Starkovich at any time. If N Starkovich elects perma-ent_7 =smove such fence, Avanti shall � be permitted to install a fence thereon at its expense which fence will be the property of Avanti. N CO 6. This Agreement shall extend for a term of thirty (30) CO years. 7. The parties covenant and agree that each will not willfully or knowingly damage the common wall or permit any activity on its Parcel that will damage said wall or otherwise interfere with the quiet and peaceful possession and use of the portion of the wall located on such party's Parcel. S. The easements, covenants and agreements contained herein shall run with the land; provided, however, that no party shall be personally liable for the breach of any of the covenants or agreements contained herein unless such breach occurred during its period of ownership of Parcel 1., Parcel 2 or Parcel 3. 9. This Agreement contains the complete agreement of the parties with respect to the common wall and may not be modified or amended without the prior written consent of the other parties hereto. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. STIIRHQVICH Anthony/G. Starkovich O fl— C\! O CV co 00 JOHNSOli Garyr/A. /Johnson Candace Johhson AVANTI AVANTI ACQUISITIONS, a Washington limited artn'ership r By — Its Its , er,4_ai partner STATE OF WASHINGTON ) ss. COUNTY OF Z- j On this --Z- day of 1988, before me, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally, appeared Anthony G. Starkovich �, known to me to be the individualX named in and who executed the foregoing document, and acknowledged to me that ,they' signed the same as th9EP free and voluntary act and deed for the uses and purposes therein mentioned. I certify that I know or have satisfactory evidence that the persons appearing before me and making this acknowledgment asa'� the person, -'whose true signatures' appear on this document. WITNESS my hand and official seal hereto affixed the day and STATE. OF WASHI\'GTON, County or King' On this I2th day of December • 19 88 , before me personally appeared Anthony G. Starkovich to me known to be the individual who executed the foregoing instrument as Attorney in Fact for Beverl er 7. Stark wi ch and acknowledged that he signed the sarne as his free and voluntary act and deed as Attorney in r-act for said principal for the usesand purposes therein mentioned, and on oath stated that the 1 ruwcr of Attorney authorizing the execution of this instrument has not been revoked and that enid nK.,; ,,l is nn.v I:.•:.,.. „...1 -- — _.... . O r— CV O c� CV co JOH� NSON Gary!, . /4ohnson P j/ Candace Johnson AVANTI AVANTI ACQUISITIONS, a Washington limited artnership r � By � Its , e;��al partner STATE OF WASHINGTON } ss. COUNTY OF on this day of �J;_GJ . 1988, before me, a Notary Public in and for the appeared StateofWashington, duly commissioned and sworn, personallylle- Starkvvich G. known to me to be the individualg� named ill and wkio executed the foregoing d' £ree and voluntary acttoandde deed xfor tilened usesk�andame as purposes therein and voluntary mentioned. I certify that I know or have satisfactory evidence that the persong appearing before me and making this acknowledgment are � the persons'whose true signaturew appearon WITNESS my hand and official seal hereto affixed the day and year in this certificate above written. NOTARY pUnI,IC in and for the State of Washington, residing at My commission expires O N N_ 00 00 STATE OF WASHINGTON ) j ss. COUNTY OF on this C/ day of Z2f , 1988, before me, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Gary A- Johnson and Candace Johnson, known to me to be the individuals named in and who executed the foregoing document, and acknowledged to me that they signed the same as their free and voluntary act and deed for the uses and purposes therein mentioned. I certify that I know or have satisfactory evidence that the persons appearing before me and making this acknowledgment are the persons whose true signatures appear on this document. WITNESS my hand and official seal hereto affixed the day and year in this certificate above writ en. N ARY PUBLIC -in and for the'statp b ; Washington, residing at 7'"`` u "�''•' by commission expires STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) on this �r day of _tJ- C _ _, 1.98s, before me, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared, Q '_"' 0 k", I cm, to me known to be the general partner of Avanti Acquisitions, the partnership named in and which executed the foregoing instrument; and acknowledged to me that he signed the same as the free and voluntary act and deed of said partnership for the uses and purposes therein mentioned. I certify that I know or have satisfactory evidence that the person appearing before me and making this acknowledgment is the person whose true signature appears on this document. WITNESS my hand and official seal the day and.yearAh this certificate above written. NOTARY PUBLIC in and for the State of CD N f7 N_ co co UHK i:5r1G5_ cvn , i � I i O as t 6+16a4�. 9FrA IIH4 vAj_i_ OH CoMc. f� �Y 7� jA�aHVJC; J_ -lN4-_4- I P�FL- z Cal �I 1 'Vt3 EEWC fib IUHAI r -.PECe,. Jf� li t� Feel_ 3 It ! S40F_WAUe. M. C 0 ti O M N co EYIiIBI'i' 2 in in NJ xLn ccmw"m00 On- rr CT rR rr rr 0 tq Cti ar • . �m oava H+-im� z rr rr �a r � 7v�a ..: 7 �' +°r to :T* Ra w m a. �.• n M p >-+ Cv r: rr fx s-+ m rr ri b N •S3 '[7 D - :1 w ❑ rr rr 0 a rtr m av n 0 Ir +t H Ca y n rp rr a sa rr rr- 7C t-• x rr C3= m rn t- r•L• w• a m p r❑n rfi 17 m V 9 ou pr M rowOpiC to rn M rr ri �- rr p• rr, n ru : ' C7 G� w m rr ta. t7 rrt m'"'. m G R. rr rr o � d n . . rr n h' pw ri Mp t7* o r"Z"m .. mn �n 03 0 ro n ... t; n w o ❑7 Q. m rr m PI a� V wrr c+a ooav�a n rr M C. o rn- r-r :' i r H �f z 4 a C' t7 M ro rA I.- r-h to . -: v r"rr❑ wm 0 c�C`" CJ 91A o rr :3 M r- . w , C ri rr o m r CL •• En '. rf] row h�a tr1 r �,,.,:;+. " a " rr O rr :. O m rr►� rr om+isaro •..q M . f •�Jf}•�y.. V r+ .f.yy� .fw� W mCT (n Q- m =r, rr' 7 w ns Pi r-r n � ca ra- to rr n . Aj H FL-caC7 0 PI p � j , rs.�'..: mom.. racy fa ..: •�I ..Swiy, . V W i= . rr m OQ oa 4n • � a ca a pi -. • � .. q rr r4 13 r+► rtt .. D(? BLOCK 2, HALLS ACRE TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 20 OF PLATS, PAGE 25, IN KING COUNTY, WASHINiGTON. EXCEPT, THE LAST 100 FEET AS PLEASURED ALONG THE NORTH LINE AND EXCEPT THE EAST 87 FEET AS PLEASURED ALONG SAID NORTH LINE. OWNERS: GARY A. JOHNSON AND CANDACE JOHNSON (WIFE) NW NORTH WESTERN EXHIBIT 4 aT TITLE COMPANY The West 100 feet of Lot 4, Block 2, Halls Acre Tracts, according to plat recorded In Volume 20 of Plats, page 25, In King County, Washington; EXCEPT the West 20 feet thereof to State for Highway. OWNER: AVANTI ACQUISITIONS, A LIMITED PARTNERSHIP MANAGING PARTNER IS GARY A. jOHNSON ry t'a 0 Cf 01 CD N •� u, - o co co r - at haquest uI 'D@/12.,- 1' }t+ i2?0 G nr, !.[gSHSI_ 4:K_.i i :r. o I S5 BOUNDARY LINE AND COMMON WALL AGREEMENT This Agreement entered into as of this 9thday of December, 1988 among ANTHONY G. STARKOVICH and BEVERLY J. STARKOVICH, husband and wife ("Starkovich"), GARY A. JOFINSON and CAN DACE JOHNSON, husband and wife ("Johnson") and AVANTI ACQUISITIONS, a Washington limited partnership ("Avantitl). RECITALS A. Starkovich is the owner of the real property described CD in Exhibit 2 hereto and depicted as Parcel 1 on Exhibit I hereto 111) . N("Parcel CD c•7 B. Johnson is the owner of the real property pro ert described in Exhic4 t 3 Aheratc w.-..: depicted as Parcel 2 on Exhibit 1 hereto CV ("Parcel 211). co c0 C. Avanti is the owner of the real property described in Exhibit 4 hereto and depicted as Parcel 3 on Exhibit 1 hereto ( "Parcel 311) . D. The parties wish to provide for the installation of a common retaining wall along the boundary between Parcel 1 and Parcels 2 and 3. NOW, THEREFORE, the parties covenant and agree as follows: r 4 1. Starkovich shall be entitled to enter onto and make necessary excavations for and do other work necessary to the placement of a concrete wall running from S,Jest to East along the westerly approximately eighty --six (85) feet of the property line between Parcel 1 and Parcels 2 and 3 as depicted by cross -hatching on Exhibit 1. The concrete wall will be eight (8) inches in w?_dth and will vary in height from three (3) to five (5) feet. It will be installed on concrete footings varying from approximately three (3) feet to approximately six (6) feet in width. 2. Concurrently with the construction of the Paragraph 1 retaining wall, Avanti shall construct an identical wall commencing with the easterly point of the Starkovich retaining wall and extending easterly for a distance of approximately eighty-one (81) feet along the boundary line between Parcel 1 and Parcels 2 and 3, as depicted by a solid line on Exhibit 1. 3. The retaining wall so erected shall become and be used as a common wall in all respects between Parcel 1 and Parcels 2 and 3. and the nnri- 1 PC hPranv my-nnf- nacnmmni-o Fir 4-1..-. _e 4. The parties installing the common wall shall pay the cost of installing such wall and indemnify and hold the other parties harmless from all. liens or claims arising from the installation thereof. Such installation shall be done in accordance with applicable law. The party installing the common wall shall be responsible for the maintenance thereof, except to the extent damage is attributable to the act or neglect of another party hereto or successors or assigns, in which latter event the party responsible for such damage shall reimburse the other party or partiesforthe cost of such repairs. 5. Starkovich shall be entitled to install a fence which runs along the entire length of the common wall at Starkovich's expense. Such fence shall at all times remain the property of �O Starkovich and may be removed by Starkovich at any time. If N `_ Feria.. .. _1 Starkov ch elects!--.-- _=.:.ove such fence, Avaitti shall � be permitted to install a fence thereon at its expense which fence will be the property of Avanti. CV CO 6. This Agreement shall extend for a term of thirty (30) CO years. 7. The parties covenant and agree that each will not willfully or knowingly damage the common wall or permit any activity on its Parcel that will damage said wall or otherwise interfere with the quiet and peaceful possession and use of the portion of the wall located on such party's 2arcel. a. The easements, covenants and agreements contained herein shall run with the land; provided, however, that no party shall be personally liable for the breach of any of the covenants or agreements contained herein unless such breach occurred during its period of ownership of Parcel 1, Parcel 2 or Parcel 3. 9. This Agreement contains the complete agreement of the parties with respect to the common wall and may not be modified or amended without the prior written consent of the other parties hereto. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. sTARKgVICtt Anthony G. Starkovich O r11- CV O t: V co 00 JOHNSON Gary ./4ohnson Candace Johnson r� AVANTI AVANTI ACQUISITIONS, a Washington limited artnership Its , e��_ai partner STATE OF WASIiINGTON i ss . COUNTY OF ) On this day of _ �Jr�_� L,�r�� , 1988, before me, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally,.,,,. appeared Anthony G. S tarkovich a+ iknown to me to be the individualA' named in and who executed the foregoing document, and acknowledged to me that ,the}' signed the same as thgAcl- free and voluntary act and deed for the uses and purposes therein mentioned. I certify that I know or have satisfactory evidence that the persons appearing before me and making this acknowledgment arn's the persona'whose true signatures' appear on this document. WITNESS my hand and official seal hereto affixed the day and STATE. OF WASHINGTON, County of King' On this I2th day of December . 19 88 , before me personalty appeared Alt:hony G. Starkovich to rue [moan to be the individual Who executers the foregoing instrument as Attorney in Fact for 8ieveriu J. Stark-vich and acknowledged that he signed the same as his free and voluntary act and deer[ as Attorney in Fact for said principal for the uses and purposes therein mentioned, and on oath stilted that the [lower of Attorney authorizing the execution of this instrument has not lm,,n revnl-era -1nrt rhn► .,;.i :..:_._ JOHNSON Gary, . //,ohnson 5�1 t i t C 1 i I'i 1 1 Y`._• Candace Johnson AVANTI AVANTI ACQUISITIONS, a Washington limited artnership L ' By Its 'g partner CD NV C co STATE OF WAS11INGTON ss. C\1 COUNTY OF .; of, fr , 1988, be [ore me, CC) on this day Of a notary Public in and for the AnthollYduly commissioned and sworn, personally�t�� • o known to me to be the Starkovich individuaig( named iit and who hsiged executed the foregoingsd free and acknowledged cttoallMe d�eart] m ar ti�enusesklsame as andpurposes therein and voluntary mentioned. he I certify that IeFore °me�land makingathis yacknowledgment evidence that are' persons appearing b the person�'whose true signatures• appear an this document. WITNESS my hand and official seal hereto affixed the day and year in this certificate above written. A NOTARY PUBLIC in and for the State of Washington, residing at � 1 �'_1444 . t.ty commission expires O N O CV 00 00 STATE OF WASHINGTON ) ss. COUNTY OF on this `y�h day of C 1988, before me, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Gary A. Johnson and Candace Johnson, known to me to be the individuals named in and who executed the foregoing document, and acknowledged to me that they signed the same as their free and voluntary act and deed for the uses and purposes therein mentioned. I certify that I know or have satisfactory evidence that the persons appearing before me and making this acknowledgment are the persons whose true signatures appear on this document. WITNESS my hand and official seal hereto affixed the day and year in this certificate abovee rit en. NOTARY PUBL G in and for the StatgrbC; Washington, residing at My commission expires �-' STATE OF WASHINGTON ) ss. COUNTY OF KING ) On this �r t`% day of De c_ s—, 1988, before me, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Q -le _— _ `"-o -.i o%-- —r to me known to be the general partner of Avanti Acquisitions, the partnership named in and which executed the foregoing instrument; and lie- acknowledged to me that he signed the same as the free and voluntary act and deed of said partnership for the uses and purposes therein mentioned. I certify that I know or have satisfactory evidence that the person appearing before me and making this acknowledgment is the person whose true signature appears on this document. WITNESS my hand and official seal the day and.year,.in this certificate above written. NOTARY PUBLIC in and for the State of O 0 n N_ 00 co HeN far/ VZTAIRf wALL \vtr4 c AIH UHK Kric cv5-e ic�r-N �a�CoJ1C.!-I I 0116n-t• OUAHIH4 N/y-�, of i cot 4c. FQ7rl H(4. -----1- i I f� i I �r 7 r-.1�Y � �a�nfGt;JCH�.Ar'I f PA¢G 6l._ Z cI n SI K �i 'P76PE N w5 I II I L } e-Ar7FkVA,k. P<�2cE� 3 0 V 0 CV co EXHIBIT 2 0 z z r� f, 000(D0�ro 0>rfLr� C C N to pi is OV C) C') - rt rr rr rY rr F+- M m ea cm ry 't1 7r1 , Ta m ❑ v v a• HH ro aw. 03 rl ra rt[ pi a F ►+ C? ca r-- rr '• rr rt a a rr �c rr r-• a~cq ..: a• :r ra :r r.` w m Q. G.• n A3 m C3 !- W rt rr Er ❑ r r--L 0 p+. rr W ❑ a 40 a r< rn rr o v rn fla m rl ❑ ►@i rr? ❑ ra rr rrt n r� Q =* 0 M Y` }-4 rnru �w-0 m a �w mrooa1 G mmrr a. ::r m0a-_ ❑ r ro rs sr w ❑ rr rn �. V rr ❑ -- r1 rr Gm an µ - . H ro `r❑ n r` 1-,ro I.- co a CL.0 rrm K 21 = r- rr C% a a as aav c� FT n rr va to H r❑r � ro i-- - m ri.. a t•+ V. rr r. [a riF a La'a, :�. 'rty• ��^.i rn N rn ❑ 0 Ca m M. ns i- w rT ri 0 �t-LLm rr n. �3 0 v rr as :3• M saK.. �o0Mirr to Liu ra F-+ t+3 L h[ r . • , ?'� r r . u .. r • 1 . cr Qq CC C� `, a a cs CDai .. 'v • '.. i m rr rna p ►+ti to 4 .. ';0�4 . ro rr ro M as _ : r•; �� , EXHIBIT 3 LOT 4, BLOCK 2, HALLS ACRE TRACTS, ACCORDING TO THE• <E'L,AT THEREOF RECORDED IN VOLUME 20 OF PLATS, PAGE 25, IN KING COUNTY, WASHINGTON. EXCEPT, THE LAST 100 FEET AS MEASURED ALONG THE NORTH LINE: AND EXCEPT THE EAST 87 FEET AS MEASURED ALONG SAID NORTH LINE. OWNERS: GARY A. JOHNSON AND CANDACE JOHNSON (WIFE) E:tH IB IT 4 W NORTH W ESTER N <;T- TITLE CONi PAN Y The west 100 feet of Lot 4, Block 2, Halls Acre Tracts, according to plat recorded in Volume 20 of Plats, page 25, in King County, Washington; EXCEPT the West 20 feet thereof to State for Highway. OWNER: AVANTI ACQUISITIONS, A LIMITED PARTNERSHIP MANAGING PARTNER IS GARY A. jOHNSON CD01 rn CD N u, o D 00 ,c_u or hec,ura at Request ui a RarYPfa Wi ��ii :Ill t CAJI Ju4T. 815 MEMER ST, 4t FWOR . w SEAT t.oc v-rm 4r COMPANY NO. O .10 CD 0% N 00 co EASEMENT (Corporate) PFCD F The Grantor, _AVANT_ T AC�111TSTTTONLi,-a-Washingt n-Ll ni ted Par-t;r euhiR, in consideration of ONE DOLLAR (S1.00), in hand paid, and other good and valuable consideration, receipt whereof is hereby acknowledged, does hereby convcv and warrant to WAS HINGTON NATURAL GAS COMPANY, a Washington Corporation, its successors and assigns, herein referred to as "Grantee", a non-exclusive casement for a gas pipeline or pipelines under, over, through and across the following described property of the Grantor located in the County of_____. +;I��_•.�____ State of Washington: The West 100 feet of Lot 4, Block 2, Halls Acre Tracts, according to plat recorded in Volume 20 or Plats, Page 25, in King County, Washington. EXCEPT the West 20 feet thereof to State for highway. Easement Location: M-< CM) The North 15 feet of the above described property. �c�� ;a x =� r,rn ,c iV p _v giving and granting to Grantee the right to construct, install, operate, maintain, protect, improve, repair, replace and abandon in place said gas pipeline or pipelines, together with the non-exclusive right of access to and from said property. As used herein, the term "pipeline" shall include gas lines and services together with such surface or sub -surface pipeline appurtenances and facilities as are necessary, in the judgement of Grantee, for the operation and maintenance of said pipeline or pipelines. By the acceptance of this cmcment Grantee agrees to hold cite Grantor harmless from any loss, cost or damage resulting from the operation or maintenance of such pipeline or pipelines except as may be attributable to the sole negligence of Grantor. Grantor agrees not to erect any structures on said ewement. DATED this _day of — /y o. V -J ^ h--, STATE OF WASHINGTON ) COUNTY OF—l�-+'� �) SS. . 19-iff. AVANTI ACQUISITIONS, a Wa-hinhron Lim d Partnership ---- Title: _ �� �L•+-t cL ..�q f -�' e� On this _ rt2 day of a" �'"�"'— , 19-Et- before me personally appeared - to be the a'"L c If y+� { , r^-C of the tted erarnt*em 1 hat c executed the within and forego g i tru ent, and acknowledged the said instrument to he the free and voluntary act and deed of said (! h. t f-;f o.-e K �.14 yes earpuration for the uses and purposes therein mentioned, and on oath stated that he w Su-- authorized to execute said instrument. RETURN ADDRESS: Puget Sound Energy, Inc. Attn: R/W Department, EST-06W PO Box 90868 Bellevue, WA 98009-0868 Attn. Nick Floras PUGET SOUND EN EAS 33.00 r PAGE001 OF 002 04/05/2007 10:48 KING COUNTY, Up E2276077 04/05/9007 10:46 KING COUNTY, WA SALE . $10,285.00 PAGE001 OF 001 EASEMENT REFERENCE #: 16FORIGIML GRANTOR:JOHNSON GRANTEE: PUGET SOUND ENERGY, INC. SHORT LEGAL: PTN. LOT 4, BLK.2, HALLS ACRE TRACTS, VOL. 20, Pg. 25, Additional legal below ASSESSOR'S PROPERTY TAX PARCEL: 304020-0081 For and in consideration of One Dollar ($1.00) and other valuable consideration in hand paid GARY A. JOHNSON as his separate estate ("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, along, across, and through the following described real property ("Property" herein) in KING County, Washington: THE WEST 100 FEET OF LOT 4, BLOCK 2, HALL'S ACRE TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 20 OF PLATS, PAGE 25, IN KING COUNTY, WASHINGTON; EXCEPT THE WEST 20 FEET THEREOF CONVEYED TO THE STATE OF WASHINGTON FOR ROAD BY DEED RECORDED UNDER RECORDING NUMBER 2095839. AND THAT PORTION CONVEYED TO THE CITY OF FEDERAL WAY UNDER RECORDING NUMBER 20061025001096, 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: THE WEST 18.5 FEET OF THE PROPERTY, Except the most westerly 3.5 feet thereof. 1. Purpose. Grantee shall have the right to construct, operate, maintain, repair, replace, improve, remove, enlarge, and use the easement area for one or more utility systems for purposes of transmission, distribution and sale of electricity. Such -systems may include; but are not limited to: a. Overhead facilities. Poles, towers and other support structures with crossarms, braces, guys and anchors; electric transmission and distribution lines; fiber optic cable and other lines, cables and facilities for communications; transformers, street lights, meters, fixtures, attachments and any and all other facilities or appurtenances necessary or convenient to any or all of the foregoing; and. Following the initial 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 exercise of such right of access by Grantee. 2. Easement Area Clearing and Maintenance. Grantee shall have the right to 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 continuing basis and by any prudent and reasonable means, the establishment and growth of brush, trees or other vegetation in the Easement Area. 3. Trees Outside Easement Area. Grantee shall have the right to cut, trim, remove and dispose of any trees located on the Property outside the Easement Area that could, in Grantee's sole judgment, interfere with or create a hazard to Grantee's systems. Grantee shall, prior to the exercise of such right, identify such trees and make a reasonable effort to give Grantor prior notice that such trees will be cut, trimmed, removed or disposed of (except that Grantee shall have no obligation to identify such trees or give Grantor such prior notice when trees are cut, trimmed, removed or otherwise disposed of in response to emergency conditions). Grantor shall be entitled to no compensation for trees cut, trimmed, removed or disposed of except for the actual market value of merchantable timber (if any) out and removed from the Property by Grantee. 4. Grantor's Use of -Easement Area. Grantor reserves the -right to use the Easement Area -for any purpose not inconsistent with the rights herein granted, provided, however, Grantor shall not construct or maintain any buildings, structures or other objects on the Easement Area, except for the existing single story building, located approximately ten (10) feet into the Easement Area. No further expansion (vertical or horizontal) of said building in the Easement Area will be permitted and Grantor shall do no blasting within 300 feet of Grantee's facilities without Grantee's prior written consent. 5. 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 of Grantor; provided, however, that no abandonment shall oe deemed to have occurred ny reason or grantee s failure to initially install its systems on the Easement Area within any period of time from the date hereof. 7. Successors and Assigns. Grantee shall have the right to assign, apportion or otherwise transfer any or all 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- — - , � day of '. GRANTOR: GARY A. JOHNSON, as his separate estate. BY: Y ASON STATE OF WASHINGTON ) SS COUNTY OF.Xft ) P" e-v c On this day personally appeared before me to me known to be the individual(s) described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this 5W, day of MAL 20 �... ''fIr ignature ry) �� { ()Z ARC ape ,s � (Print ors amp name of Notary) +ns, y Notary Public in and for the State of Washington ' 'U _r' = Residing at7►'CD` 'GqMy Appointment Expires: Z4--1 .40 r''►y 6.' 1� A` Notaryseal, d44 be inside 1" margin When Recorded Return To: Valerie Kendall King County Housing and Community Development Program Community Services Division Chinook Building 401 Fifth Avenue, Suite 500 Seattle, WA 98104 20121221001955 a, 8�023 REGULATORY AGREEMENT Covenants and Easements for Low-income Howsin Reference numbers of related documents: NIA Grantor(s): 1. Multi -Service Center, a Washington nonprofit corporation Grantee: KING COUNTY Legal Description: Portion of Lot 4, Block 2, Hall's Acre Tracts. Volume 20, Page 25 2. Additional legal description is on page 3 of document. Assessor's Property Tax Parcel Account Number(s): 3040200081, 30402000079 Recorded at the request of FIDELITY NATIONALTrrW MAJOR ACCOUNTS Order #/ z t it 3657 Z Z 3 g K r Multi -Service Center — Federal Way Veterans Regulatory Agreement REGULATORY AGREEMENT Federal Way Veterans Apartments CONTENTS Part I: Summary of Property -Specific Terms Part II: General Provisions Section I: Definitions Section 2: Extremely Low -Income or Very Low -Income Housing; Rent and Occupancy Requirements Section 3: Reporting Section 4: Term; Covenants Run with the Land Section 5: Remedies; Enforceability Section 6: Recordation; Amendments; Termination Section 7: No Conflict with Other Documents Section 8: Severability Section 9: Vacancies; Nondiscrimination; Affirmative Marketing Section 10: Insurance Section 11: involuntary Loss Section 12: Maintenance of Property Section 13: Grant of Easement Section 14: Leases Section 15: Management Agent Section 16: No Assumption of Obligations by the County Section 17: Notices Section 18: Supportive Services Section 19: Governing Law; Venue Section 20: Time Section 21: Obligations of Borrower and co-Grantor(s) Multi -Service Center — Federal Way Veterans Regulatory Agreement 2 REGULATORY AGREEMENT THIS REGULATORY AGREEMENT (the "Agreement") is entered into as of —, 2012 by and among Multi -Service Center, a Washington nonprofit corporation ("Grantor"), in favor of King County, a political subdivision of the State of Washington (the "County"). RECITALS WHEREAS, the County and Grantor desire that Grantor acquire the real property at the address stated below in Federal Way, Washington, legally described on Exhibit A hereto (which, including all improvements now or hereafter thereon, is referred to as the "Property") for the purpose of constructing one of more buildings for use as housing for low-income households: WHEREAS, the County has made a loan to Borrower (the "Loan"), for the purpose of acquiring the Property, from funds provided from the sources described in Part 1 below; and WHEREAS, the County and Grantor desire that the planned improvements to be constructed on the Property serve as housing for Low -Income Families (including Extremely Low -Income Families to the extent indicated below) for a minimum period of fifty (50) years, and in consideration of the County's agreement to make the Loan, Grantor has agreed to place certain restrictions on the Property; and NOW, THEREFORE, Grantor hereby agrees to and does hereby grant to the County and impose upon the Property, and upon any interest in the Property now held or hereafter acquired by Grantor, the following covenants, restrictions, charges and easements, which shall run with the land, be a burden upon the Property and all portions thereof, and shall be binding upon any purchaser, grantee, owner or lessee of any portion of the Property and any other person or entity having any right, title or interest therein and upon the respective heirs, executors, administrators, devisees, successors and assigns of any purchaser, grantee, owner or lessee of any portion of the Property and any other person or entity having any right, title or interest therein, for the term of this Regulatory Agreement. Multi -Service Center — Federal Way Veterans Regulatory Agreement 3 Part I: Summary of Property -Specific Terms Item Grantor's Mailing Address and Phone Maximum Loan Amount Fund Source(s) for this Loan Property Address Land Use Designation Type of Housing (If both, give numbers of County -funded Units in each category) # of Extremely Low -Income Units (bedrooms) # of Very Low -Income Units (bedrooms) # of other Low -Income Units (bedrooms) Total County -funded Units Total Non County -Funded Units Total Units # of County -funded Units for Homeless Families i �� Multi -Service Center 1200 South 336"' St. Federal Way, WA 9803 425-576-5192 $274,870 Project 5519657, HOF Interim Loan 29404 Pacific Highway South. Federal Way, WA 98003 Community Business Permanent 19 17 0 37 0 37 36 X Transitional -0- Special population to be served, if any (identify number and category of Units) Veterans and Homeless Families Latest Commencement Date December 31, 2017 Note: Information set forth above as to any Operating and Maintenance Program subsidies shall not be construed as an agreement or commitment by the County, nor as a representation or warranty that such funds will be available. Part II: General Provisions Multi -Service Center — Federal Way Veterans Regulatory Agreement 4 Section 1. Definitions. Unless otherwise expressly provided herein or unless the context clearly requires otherwise, the terms defined above shall have the meanings set forth above, and the following terms shall have the respective meanings set forth below for the purposes hereof. "Adjusted Income" means income as Austed and determined in accordance with 24 CFR Section 5.611, or successor provision, using "Annual Income" as defined herein, subject to any interpretations, modifications or assumptions that may be promulgated by HUD. "Annual Income" means the annual income of a Family as determined, unless otherwise approved in writing by the County, in accordance with 24 CFR Section 5.609 or successor provision, and unless otherwise approved in writing by DCHS shall be calculated in accordance with 24 CFR Section 92.203(d) or successor provision, subject to any interpretations, modifications or assumptions that may be promulgated by HUD. Grantor shall follow the requirements in 24 CFR Section 5.617 when making subsequent Annual Income determinations of persons with disabilities after their initial occupancy. "County -funded Units" means the number of County -funded units as identified above in Part I: Summary of Property -Specific Terms and defined as dwelling units to be constructed.or rehabilitated on the Property and to be used as Low -Income Housing, including 50%-of-Median-Income Housing, Very Low -Income Housing and Extremely Low -Income Housing to the extent described herein, together with all rights and interests in the Property appurtenant to those dwelling units_ The County -funded Units are more specifically identified in Section 2(c) below and shall not refer to the Existing Improvements. "CPI" means the Housing Component of the Consumer Price Index for Rent of Primary Residences for the Seattle -Bellevue area (the "CPI"), as published by the U. S. Bureau of Labor Statistics ("BLS"). If the BLS shall no longer publish that series, then "CPI" shall mean such other index as the County shall select or construct in its sole discretion as a basis for estimating changes in consumer rental housing costs, based on any data for the Seattle area or an area including Seattle, published or reported by a federal, state, or local agency, as the County shall select in its sole discretion. "CPI Increase" means, as of any date, the annual percentage increase in the CPI as most recently determined and published by the United States Department of Housing and Urban Development for Rent increase calculations. Publication may be made by posting on the DCHS website or by such other means as the DCHS Director shall determine, or both. "Deed of Trust" means the deed of trust executed and delivered by Grantor to the County to secure the repayment of the Loan. "Extremely Low -Income Family" means a Family whose Annual Income does not exceed 30% of Median Income, except that for purposes of HOME provisions (if applicable) HUD may establish a higher or lower income ceiling pursuant to 24 CFR Section 92.2 or successor provision. "Extremely Low -Income Housing" means housing for Extremely Low -Income Families, consisting solely of Units with Rent and occupancy restricted as Extremely Low -Income Units in accordance with the terms of Section 2 of this Regulatory Agreement. "Fair Market Rent" means the fair market rent for existing housing for comparable units as established by HUD under 24 CFR Section 888.111 or successor regulation. Multi -Service Center — Federal Way Veterans Regulatory Agreement 5 "Family" has the meaning set forth in 24 CFR Section 5.403, or successor provision, and includes an individual person. "Homeless Family" means a Family that: (1) lacks a fixed, regular, and adequate nighttime residence; or (2) has, or had within 30 days before occupancy of a County -funded Unit in the Property, a primary nighttime residence that is (a) a supervised, publicly or privately operated shelter designed to provide temporary living accommodations (including welfare hotels and congregate shelters); or (b) an institution that provides a temporary residence for individuals intended to be institutionalized: or (c) a public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings; or (d) Transitional Housing, or (3) is certified by a public or nonprofit agency, acceptable to the County, to be in imminent danger of becoming a Homeless Family under paragraph (1) or (2) above. "HOME" means the federal HOME Investment Partnerships Act and regulations thereunder. "HOME -funded Units" means the County -funded Units to which HOME funds have been allocated as stated in Part I above, if any. "HUD" means the United States Department of Housing and Urban Development or any successor agency. "Loan" means the loan made by the County to Borrower to finance the acquisition of the Property. "Loan Agreement" means the Loan Agreement between the County and Borrower with respect to the Property; as such agreements may be amended from time to time. "Loan Documents" means the Loan Agreement, the Promissory Note, the Deed of Trust, this Regulatory Agreement, all documents attached as exhibits to or incorporated by reference in any of the foregoing, and any amendments to any of the foregoing duly executed and delivered by the County and Borrower. "Low -Income Family" means a Family whose Annual Income does not exceed 80% of Median Income. "Low -Income Housing" means housing for Low -Income Families, consisting solely of Units with Rent and occupancy restricted as Low -Income Units, 60%-of-Median Income Units, Very Low -Income Units or Extremely Low -Income Units in accordance with the terms of Section 2 of this Regulatory Agreement. Multi -Service Center — Federal Way Veterans Regulatory Agreement 6 "Management Agent" means any person or entity retained by or on behalf of Grantor to manage the Property, or the lessee or sublessee under any master or operating lease or sublease for the Property, bui shall not include Borrower or any employee of Grantor acting as such in management of the Property. "Median Income" means median family income for the Seattle area, as published from time to time by the U.S. Department of Housing and Urban Development ("HUD"), as adjusted for Family size so that the ratio of the Median Income for any Family size to such published median family income is the same as the ratio of the "low-income" limit for that Family size published by HUD for the Section 8 subsidy program for the Seattle area, or any successor program, to the "low-income" limit for that program for a Family size of four persons. as published by HUD. if in any year HUD shall publish median family income data for more than one area that includes Seattle, then unless otherwise approved in writing by the DCHS Director, the lowest of such median family income figures shall be used. If, at any time, Median Income for a Family size cannot be determined under the foregoing sentences based on data published by HUD for the Seattle area within the most recent thirteen months, then the County may determine "Median income" for such Family size based on any data for the Seattle area or an area including Seattle, published or reported by a federal, state, or local agency, as the County shall select in its sole discretion, adjusted for Family size in such manner as the County shall determine in its sole discretion. For Family sizes that are not integers, the Median Income shall be determined by the County by averaging the Median Incomes for the next higher and lower integral Family sizes as determined under this paragraph. "DCHS" means the King County's Department of Community and Human Services or any other department or agency that shall succeed to its functions with respect to low-income housing. "Project" has the meaning set forth in the Loan Agreement. "Promissory Note" means the promissory notes executed and delivered by Borrower to the County evidencing the Borrower's obligation to repay the Loan, and any replacement or substitution for either or both of them. "Property" means the land described in the recitals above and all buildings, structures, fixtures, equipment and other improvements now or hereafter constructed or located thereon. "Rent" shall include all amounts paid directly or indirectly for the use or occupancy of a Unit and of common areas of the Property. "Rent Schedule" shall mean the schedule to be provided to the County pursuant to Section 2(c)(2) below, when approved by the County, and each subsequent schedule of Rents prepared by Grantor, consistent with the terms hereof. "Section 8" means Section 8 of the United States Housing Act of 1937, as now and hereafter amended, and HUD regulations thereunder. "60%-of-Median-Income Family" means a Family whose Annual Income does not exceed 60% of Median Income. Multi -Service Center — Federal Way Veterans Regulatory Agreement 7 "60%of-Median-Income Housing" means housing for 60%-of-Median-Income Families, consisting solely of units with Rent and occupancy restricted as 60%a-of-Median-Income Units in accordance with the terms of Section 2 of this Regulatory Agreement. "Transitional Housing" means housing that provides supportive services to Families that were formerly Homeless Families under paragraph 1, 2(a)-(c), or 3 of the definition of Homeless Families above, with the intent to stabilize them and move them to permanent housing within a period of not more than 24 months. "Unit" means a dwelling unit, housekeeping unit, guest room, or single room occupancy unit, but does not refer to the Existing Improvements. "Utility Allowance" shall mean an allowance approved by the County for utilities and services payable by tenants, which shall be equal to the utility allowance allowed by the Washington State Housing Finance Commission under Section 42 of the Internal Revenue Code and the regulations pertaining thereto for such long as such Commission provides such an allowance no less frequently than annually. If such Commission does not provide a utility allowance under such provisions no less frequently than annually, then the Utility allowance, which unless otherwise directed by HUD, shall be equal to the utility allowance published from time to time by the King County Housing Authority ("KCHA") for the type of Unit in which the County determines that utilities are most nearly comparable to those for such Unit, or, if the County determines that no reasonably comparable figures are available from KCHA, the utility allowance shall be such amount as the County determines from time to time is an adequate allowance for utilities and services (to the extent such items are not paid for tenants by Grantor). The Utility Allowance shall not include telephone services. "Very Low -Income Family" means a family whose Annual Income does not exceed 50% of Median Income, except that for purposes of HOME provisions (if applicable) HUD may establish a higher or lower income ceiling pursuant to 24 CFR Section 92.2 or successor provision. "Very Low -Income Housing" means housing for Very Low -Income Families, consisting solely of units with Rent and occupancy restricted as Very Low -Income Units or Extremely Low -Income Units in accordance with the terms of Section 2 of this Regulatory Agreement. Section 2. Extremely Low-income and Very Low-income Housin• Rent and Occupancy Requirements. (a) General. Grantor shall develop, own, manage and operate the County -funded Units, and appropriate facilities related thereto, as Extremely Low -Income or Very Low Income Housing, in accordance with the terms of the Loan Documents, on a continuous basis during the term hereof, beginning on the Commencement Date, which shall be the first date upon which the City of Federal Way issues a Certificate of Occupancy (temporary or permanent) for the Property after completion of the Project, but in any event no later than the Latest Commencement Date identified in Part 1: Summary of Property -Specific Terms. Except as expressly set forth in the Loan Agreement, the Property, after construction of the County -funded Units, shall not be devoted to any use other than Extremely Low - Income or Very Low Income Housing, as described in this Agreement, together with kitchen, dining and support facilities for residents of the Property on the first floor, without the express written consent of Multi -Service Center — Federal Way Veterans Regulatory Agreement 8 DCHS, in its discretion. Temporary use as surface parking is permitted prior to start of Construction. Except as otherwise provided herein or as otherwise agreed in writing hereafter by the County, the number of County -funded Units identified as County -funded Units for Homeless Families in Part I: Summary of Property -Specific Terms shall be set aside and maintained, from the Commencement Date and thereafter throughout the term of this Agreement as Extremely Low Income Housing solely for Homeless Families. If the Project includes Units set aside for Homeless Families, Grantor shall provide services according to a Management Plan approved by the County under Section 15 of this Agreement to those Units throughout the term of this Agreement. Any change in the population to be served and/or services to be provided shall require Lender's written approval in advance. (b) Federal Requirements. The requirements of this subsection (b) apply to the extent that federal funds from the sources indicated are used to subsidize the Property, either through the Loan or otherwise. Except as expressly stated below, the provisions of this subsection (b) are only minimum requirements, and Grantor must also comply with stricter requirements of other subsections. Any agreement for subsidy with respect to the Property (other than through the County) from any of the sources specified in this subsection shall require the advance written consent of the County. If more than one subsection of this subsection (b) applies to a Unit, then unless otherwise expressly provided in this subsection, the Grantor shall comply with each such subsection. (1) HOME Requirements. Not applicable (2) Section 8 Or Other Rental -Subsidy Requirements. Grantor agrees that it will make every reasonable effort to qualify for project -based rental subsidies approved by DCHS with respect to all Extremely Low -Income or Very Low Income Units, including without limitation executing such agreements as HUD, KCHA or other providers of rent subsidies may require to receive such subsidies, provided such subsidies are available on terms that do not conflict with this Regulatory Agreement or adversely affect the low income housing tax credits available to the Project. At any time when rent for any Extremely Low -Income or Very Low -Income Housing Unit is subsidized Rent for such Unit, including amounts paid by the subsidy provider, shall not exceed the level permitted under the subsidy provider's regulations for such program and any applicable contract, and the Rent limits in subsection 2(c)(1) below shall apply only to the tenant's contribution to Rent, so that the tenant's contribution plus the Utility Allowance shall not exceed the applicable limit in subsection 2(c)(1). However, nothing in this subsection shall affect Grantor's obligation to comply with the occupancy restrictions in subsection (c) below. (c) County Occupancy andd Rent Requirements. (1) [occupancy; Maximum Rent Based on Size of Unit. At all times, Grantor shall maintain the numbers of County -funded Units as set forth below by income class. Each County - funded Unit shall be rented solely to, or reserved for rent solely to, Low -Income Families with Annual Incomes, as of the later of the date hereof or the times of their initial occupancies, no greater than the percentage of Median Income for the respective income class of Unit as set forth below, based on the actual Family size. Units in each income class are in addition to, and not included in, the numbers of Units in higher incorne classes. Multi -Service Center — Federal Way Veterans Regulatory Agreement 9 Income Class of Units Maximum Income (% l - 2- 3- of median) Studios Bedrooms bedrooms bedrooms Extremely Low-income 30% 10 0 5 4 Very Low -Income 50% 10 0 4 3 Manager's Unit 60% 1 Total 20 0 10 7 Except as otherwise expressly provided in this Section, each County -funded Unit shall be rented at a monthly Rent that, together with the Utility Allowance, is no higher than one - twelfth of the applicable percentage, as set forth below, of the maximum percentage of Median Income set forth above for the respective class of Unit, adjusted for the presumed Family size corresponding to the size of Unit as set forth below, regardless of the number of persons actually occupying the Unit: Income Class of Urfit Extremely Low -Income (30% of Median Income) Very Low -Income (50% of Median Income) 60%-of-Median-Income Maximum Rent and Utility Allowance as a percentage of income eligibility limit (divided by IQ, based on resumed family size 30% 30% 30% For a studio or Single Room Occupancy ("SRO") Unit, Family size = 1.0; for a one -bedroom Unit, Family size = 1.5; for a two -bedroom Unit, Family size = 3.0; for a three -bedroom Unit, Family size = 4.5. (2) Initial Rent Schedule. Prior to the Commencement Date, the Grantor shall submit to the County for approval a proposed initial Rent Schedule, consistent with the terms of this Section and all other funding agreements for the Property, showing the designations of County -funded Units by income class (and Transitional Housing status, if applicable), initial Rents, and the initial Utility Allowances. In case of Extremely Low -Income Units with Section 8 or other project -based subsidies, the Rent Schedule shall show the maximum tenants' contributions consistent with.subsection 2(c). Grantor shall not charge Rents, -or collect tenants' contributions to rents, in excess of amounts shown on an initial Rent Schedule approved by DCHS unless and until an increase is permitted under this subsection (e). (3) Units for Homeless Families. Grantor shall rent any vacant Extremely Low - Income Unit only to a Homeless Family, except as otherwise provided in this subsection (3). If a HAP Contract shall be terminated as to any Extremely Low -Income Units, without fault of Grantor, and no similar project -based rental assistance, not otherwise incompatible with the use of low-income housing tax credits, is then available for such Units, Grantor shall give written notice of such fact to the County, and Grantor shall then not be required to rent such Unit, when vacant, only to a Homeless Family. If the County shall at any time thereafter determine that Section 8 or other rent or operating subsidies reasonably may be available, that Multi -Service Center — Federal Way Veterans Regulatory Agreement 10 would not adversely affect the uses of low-income housing tax credits, and that would permit any of such Units to serve Homeless Families, then at the County's request the Grantor shall promptly apply for and diligently pursue such subsidies for such Units. and shall enter into and perform any contracts required to obtain and maintain such subsidies, and if such subsidies are obtained for such Units, shall rent such Units, when available, only to Homeless Families. (d) Eviction Restrictions. No tenants will be evicted from the Property solely because their incomes increase after the date of their initial occupancy. No tenancy may be terminated for refusal to pay a monthly Rent in excess of that permitted hereunder, or for any reason other than "just cause". If HOME funds are involved in the Property. then (i) Grantor shall not terminate any tenancy or refuse to renew the lease of any tenant except for serious or repeated violation of the terms and conditions of the lease; for violation of applicable federal, state, or local law, or for other good cause; and (ii) any termination or refusal to renew must be preceded by not less than 30 days by the Grantor's service upon the tenant of a written notice specifying the grounds for the action. To the extent permitted by law, a tenant may be evicted for falsification of income or other material information in a rental application, certification or lease agreement. (e) Rent_ Schedule-, Annual Increases. (1) Note: This subsection (e) does not allow Rent or, where applicable,the amount charged to a tenant, for any County -funded Unit to exceed the maximum allowed under any applicable provision of subsection (b) or (c) above. In addition, (i) to the extent that any other provisions of this Regulatory Agreement, or any terms offered to pre-existing tenants pursuant to the relocation and antidisplacement provisions of federal regulations, require a lower Rent or a Rent based on Family income, such other provisions shall prevail over this subsection (e); (h) for so long as any Extremely Low - Income Unit is subsidized by HUD or KCHA under any Section 8 program, or other project -based subsidy the provisions of this subsection (e) shall not apply to such Unit; (iii) on the first date when any Extremely Low -Income Unit is rented without any such subsidy, the Rent for such Unit may be established without regard to the Rent previously in effect, and for purposes of future Rent increases that date shall be considered the date of the last Rent increase for such Unit. (A) The maximum initial Rents, the designations of County -funded Units by income class and HOME -funded status (if applicable), and the initial Utility Allowances, shall be as set forth on the initial Rent Schedule as noted in subsection 2(c)(2)(A) above, unless otherwise approved in writing by the County. (B) Subject to subsection (e)(1) above, this subsection (e)(2) shall govern Rent increases. (C) Upon advance notice to tenants as required by law and by the terms of their leases (but in no event less than 30 days), Grantor may increase monthly Rents for County -funded Units to the extent consistent with this Regulatory Agreement, but not more frequently than one increase per year, not including increases for specific Units upon tenant turnover. (D) For purposes of this Regulatory Agreement, the effective date of any Rent increase, except for increases for specific Units upon tenant turnover, shall be the same for all County -funded Units; Multi -Service Center — Federal Way Veterans Regulatory Agreement 1 1 however, instead of implementing a Rent increase fully as to all County -funded Units on the effective date, the Grantor may defer or phase in increases for some or all County -funded Units occupied by Families with incomes, as most recently certified, at or below the maximum levels for initial occupancy of their respective categories of Units, provided that any differences in rents for similar Units must be consistent with all applicable laws and regulations. (E) Grantor shall prepare a new Rent Schedule at least thirty (30) days before the effective date of each increase (other than an increase for a specific Unit upon tenant turnover), showing the total Rents to be charged for each County -funded Unit (when any deferred or phased increases are fully implemented, if applicable), showing the applicable Utility Allowances, and identifying which Units are subsidized under any Section 8 contract or other project -based subsidy arrangement, and any County -funded Unit that occupied by a Family that was, at the time of its initial occupancy of such Unit, a Homeless Family. The Rent Schedule shall show the amount and percentage of the increase for each Unit from the last Rent Schedule, and for each Unit for which there was at least one intervening increase pursuant to subsection 2(e)(2)(H) below, the Rent Schedule shall show the date of the last increase, the Rent that then became effective, and the percentage increase, if any, from that Rent to the new Rent for that Unit. (F) Except as may be allowed pursuant to subsection 2(e)(2)(G) below, the percentage Rent increase for a Unit shall not exceed the greater of (i) 1.5 percent or (ii) the CPI Increase as most recently published by DCHS as of the date of the Rent Schedule submitted pursuant to subsection (e)(2)(E) above. (G) Upon Borrower's request, County may, in its sole discretion, approve a percentage increase in Rent on one or more Units greater than the applicable percentage increase permitted in Subsection (F), above, if the Borrower provides evidence acceptable to the County that the Property has experienced expenses that would justify such a larger Rent increase, and provided that the Rent is consistent with subsection 2(c)(1) of this Regulatory Agreement and any other limit applicable under subsection 2(b). (H) Upon reletting of a Unit after the termination of occupancy of the Family previously occupying that Unit, without any violation or breach by Grantor or its agent of any terms of this Regulatory Agreement or any applicable law or ordinance, Grantor may increase the Rent for that Unit to the maximum allowable rent based on the number of bedrooms in the Units and the income class as stated in subsection 2(c)(1), above, subject to the terms of subsection 2(b). (1) Except as expressly permitted in this subsection (e), no other rent increases shall be implemented without the County's prior written approval, which may be withheld in the County's sole discretion. (0 Annual Certifications-, Over -Income Tenants. Grantor shall obtain from each tenant, no less frequently than annually, a certification of Family size, Annual Income and for HOME -funded Units, Adjusted Income, in form acceptable to the County. For HOME -funded Units each certification shall comply with 24 CFR Section 92.203(a)(1)(ii) and any additional or successor regulation of HUD. For HOME -funded Units, no less frequently than every sixth year, Grantor shall examine the income of each tenant Family in accordance with 24 CFR Section 92.203(a)(1)(i). Grantor also shall so examine the income and Family size of any tenant Family at any time when there is evidence that the tenant's written statement was not complete and accurate. If so Multi -Service Center — Federal Way Veterans Regulatory Agreement 12 requested by the County, Grantor shall obtain such certifications and/or examine incomes and Family sizes at any other times upon reasonable advance notice from the County. Grantor shall maintain all certifications and documentation obtained under this subsection on file for at least five years after they are obtained, and shall make them available to the County or HUD for inspection and copying promptly upon request. If, at any recertification of incomes, the Annual Income of a Family in one of the County -funded Units on the Property that is not then subsidized under a Section 8 program exceeds sixty-five (65) percent of Median Income, Grantor may notify the tenant and the County that, beginning on a date no earlier than one year after the date of such certification of income, the tenant shall be charged a higher monthly Rent.. Such increase may take effect on the date indicated in the notice unless the tenant Family's Annual Income has declined to a level no greater than sixty-five percent (65%) of Median Income. When the income of a tenant Family that is paying thirty-five percent (35%) of actual Family income for Rent and utilities pursuant to the preceding sentence decreases to a level below 30% of Median Income, in the case of Extremely Low Income Unit, 50% of Median Income, in the case of a Very -Low Income Unit, or 60% of Median Income, in the case of a 60%a-of -Median Income Unit, the limit on the tenant Family's Rent shall be the maximum Rent that would have been applicable if no increase in the Family's income had occurred. (For tenants of HOME -funded Units whose Annual Incomes increase so that they are no longer low-income families under HOME regulations, see subsection 2(b)(1)(D) above). (g) Excessive Rents. (1) If the County makes a preliminary determination that Grantor has charged or collected Rents, or imposed Rent increases. in excess of the limits hereunder, the County may give Grantor written notice of such determination and if Grantor does not respond in writing within thirty (30) days such determination shall be final and binding. If Grantor disputes the County's determination that a rent increase -exceeds permissible limits, or that excess Rents have been collected, or the amount of any excess, by a written response within such thirty (30) day period stating in detail the basis for Grantor's disagreement with the County's preliminary determination, the parties shall meet and attempt to resolve any differences. If agreement is not reached within thirty (30) days after the County's receipt of Grantor's response, the County may require, upon ten (10) days' notice, that Grantor either accept the County's final determination or elect to have the matter determined by an independent certified public accountant (or, if so agreed by both parties, any other qualified person) acceptable to the County, whose determination as to the maximum Rents permitted hereunder and the amount of any excess Rents collected shall be final and binding on both parties. The full cost of the audit shall be paid by the parry whose final position as to the amount of excess Rents, if any, prior to submission of the matter to the accountant, was farthest in dollar amount from the accountant's final determination. Pending resolution of any dispute as described in this subparagraph, Grantor shall not be required to refund any Rents but may be required to rescind or reduce Rent increases so that Rents do not exceed levels agreed by both parties to be permissible. (2) After any final determination that any Rent increase exceeds the limits hereunder or that Rents have been collected by Grantor or its agents in excess of the limits hereunder, the County may (i) require the Grantor to reduce Rents or rescind Rent increases so that Rent is within such limits; and/or (ii) to the extent necessary to offset any excess Rent collected plus interest thereon at the rate of 12% per annum, require one or more of the following: (A) that Grantor make refunds to the tenants making overpayments; (B) that Grantor reduce Rents below levels otherwise permissible hereunder for a limited period of time; and/or (C) that Grantor limit Multi -Service Center — Federal Way Veterans Regulatory Agreement 13 future increases below amounts otherwise permissible for a limited period of time. If any Rents exceeding the limits hereunder, plus interest thereon, are not refunded promptly upon the County's demand and after the conclusion of any audit requested under the following subparagraph, such amounts may be recovered in an action brought by the County for recovery of such amounts on behalf of tenants (but County shall not be obligated to bring any such action). If Grantor, notwithstanding a final determination requiring reduction in Rents hereunder, fails to give notice to tenants of such reduction within ten (10) business days. the County may give such notice to tenants directly. (h) Copy to 'Tenant. Grantor shall provide each tenant in the Property with a copy of this Section or a summary, previously submitted to the County, of the rent and occupancy limitations herein, with any modifications requested by the County within twenty (20) business days of receipt by the County. (i) Tenant Selection. Grantor shall adopt and apply written tenant selection criteria consistent with all applicable laws and regulations. Section 3. Reporting. (a) Beginning with the first calendar year after the Commencement Date, Grantor will make annual certifications to the County that it is in compliance with this Regulatory Agreement. Such certifications shall be submitted by June 30 of each year and shall include the most current Rent Schedule (showing which Units are County -funded Units in each income class and which are subsidized under Section 8 or another project -based subsidy program), a calculation justifying any increases in Rents from the previous Rent Schedule, consistent with this Regulatory Agreement, and the actual Rents being charged to each tenant Family in a County -funded Unit. if any federal funds are involved in the County funding of the Project.. Grantor shall also submit certifications of income and Family size obtained in the previous year. Grantor shall also include with such certification any changes in the management policies for the Property and such other information covering the prior calendar year as the County may request by notice at least 90 days in advance of the due date, and with such accompanying documentation as the County may request. Grantor or a public or nonprofit agency acceptable to the County shall certify, in the annual report submitted by Grantor, that the Family who occupies any County -funded Unit identified as a Unit occupied by a Homeless Family was a Homeless Family as defined herein at the time of its initial occupancy of such Unit. (b) if so requested by the County, Grantor shall report to the County, at such other times as the County shall request upon reasonable advance notice, on the Rent levels, current income levels of tenants, and management policies for the Property. Section 4. Term; Covenants Run with the Land. (a) Unless sooner modified or terminated in accordance with Section 6 hereof, this Regulatory Agreement shall continue in full force and effect until December 31, 2061 and thereafter -for any period for which the maturity of the Loan, or any part -thereof, or of any other indebtedness then -secured by the Deed of Trust, shall be extended. Multi -Service Center — Federal Way Veterans Regulatory Agreement 14 (b) Grantor hereby declares its express 'intent that the covenants, restrictions, charges and easements set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon Grantor's successors in title including any purchaser, grantee, owner or lessee of any portion of the Property and any other person or entity having any right, title or interest therein and upon the respective heirs, executors, administrators, devisees, successors and assigns of any purchaser, grantee, owner or lessee of any portion of the Property and any other person or entity having any right, title or interest therein. Grantor shall not transfer the Property or any portion thereof or interest therein to any successor unless successor agrees in writing to be bound by the provisions of this Regulatory Agreement to the same extent as the transferor and the County receives a copy of such agreement prior to the transfer. The execution and delivery of such agreement to the County shall be a condition precedent to the effectiveness of any transfer of any interest in the Property to such successor, but the covenants herein shall be binding on any such transferee regardless of whether such written agreement is obtained. This Regulatory Agreement has priority over the Deed of Trust and shall survive any payment, release, satisfaction or cancellation of the Loan or the Deed of Trust occurring prior to the expiration of the period referred to in the previous subsection. The covenants herein are independent of and in addition to the covenants in the Deed of Trust and Loan Agreement. No transfer of the Property shall operate to relieve Grantor or any successor of its obligations hereunder unless expressly so agreed in writing by the County. Section 5. Remedies, Enforceability. In the event of a violation by Grantor or its successors in interest of any of the provisions of this Regulatory Agreement the County may notify Grantor or its successor in writing of the violation. Grantor or its successor shall have thirty (30) days from the date of notice to cure such violation. Notwithstanding the foregoing, if the violation is of such a nature that it may not practicably be cured within thirty (30) days, County shall not be entitled to exercise its remedies so long as Grantor commences cure of such violation within the thirty -day period and diligently pursues the cure to completion within ninety (90) days after such notice, or within such other time frame as shall be approved by the County. If Grantor or its successors does not cure (or, if the preceding sentence applies, commence cure) of the violation within the thirty day period or if Grantor does not diligently pursue cure pursuant to the preceding sentence, the County may, in its discretion, pursue any and all remedies provided hereunder or available at law or in equity. Grantor agrees that such remedies shall include, without limitation: (a) The County may petition a court of competent jurisdiction for the appointment of a receiver to assume full management, control and possession of the Property and to exercise all rights provided herein or available under applicable law, and Grantor hereby consents and stipulates to the appointment of a receiver of the County's choice on an interim basis, without a prior hearing, based upon an affidavit submitted by the County to the effect that Grantor has failed to comply with the cure requirements set forth above after an event of default. Grantor shall cooperate fully in any transfer of management and control to a receiver appointed by a court. The receiver shall remain in control of the Property until any one of the following events: (1) The Property is transferred pursuant to a foreclosure sale or deed in lieu of foreclosure; (2) The court determines, after an evidentiary hearing, that there was no basis for appointment of a receiver hereunder; Multi -Service Center — Federal Way Veterans Regulatory Agreement 15 (3) All defaults hereunder and any other Events of Default under the Loan Documents have been cured to the reasonable satisfaction of the County (or waived by the County in its sole discretion), all fees and expenses of the County in connection with such defaults and all related proceedings shall have been reimbursed by Grantor and the court shall be satisfied that the Grantor is ready, willing and able, financially and otherwise, to resume operation of the Property in full compliance with this Regulatory Agreement; (4) The court transfers control of the Property to a substitute receiver proposed or consented to by the County; or (5) This Regulatory Agreement is terminated in accordance with its terns. Grantor agrees not to petition the court for transfer of control to Grantor except for the reasons stated above unless so requested by the County, in which case Grantor shall join in a petition to reinstate the Grantor's control of the Property. Neither the receiver nor the County shall be deemed to have assumed any liabilities of Grantor or any other person relating to the Property, except that the receiver shall be responsible, to the extent permitted by applicable law and the orders of the court, for renting Units in the Property; collecting rents and applying them to Property expenses, including the receiver's reasonable fees and expenses and debt service falling due on any mortgage indebtedness permitted by the Loan Documents or otherwise approved in writing by the County, with any surplus (after reimbursement to the County of any advances made pursuant to the terms hereof and, so long as the Deed of Trust encumbers the Property, after deposits in reserve accounts as required by the Loan Documents) deposited in the registry of court for determination of the persons entitled thereto; and otherwise managing and preserving the Property, but the receiver shall have no liability to Grantor for any act or omission of the receiver except for gross negligence or willful misconduct. (b) In addition or in the alternative, the County shall be entitled to specific performance, preliminary and permanent injunctive relief, monetary damages, restitution, and recovery of all costs and attorneys' fees incurred in enforcing this Regulatory Agreement including without limitation the costs of any repairs or other actions reasonably necessary with respect to the Property and the reasonable value of any services provided by County employees in connection therewith. The rights and remedies specified in this Section are in addition to, and not in substitution for, the County's rights and remedies for excessive Rents under subsection 2(g) above, provided that unless required by federal law or regulations the County shall not seek additional remedies under this Section for charging of excessive Rents unless a determination under such subsection shall have become final and Grantor shall have failed or refused to comply with the requirements of the County under that Section after thirty days' written notice of such requirements, which notice shalt constitute the notice and opportunity to cure required by this Section. No waiver of any breach or violation shall be binding unless in writing signed by the County and no waiver or delay in enforcing the provisions. hereof as to any breach or violation shall impair, damage or waive the right of the County to obtain relief against or recover for the continuation or repetition of such breach or violation or any similar breach or Multi -Service Center— Federal Way Veterans Regulatory Agreement 16 violation thereof at any later time or times. Grantor hereby agrees to pay, indemnify and hold the County harmless from any and all costs, expenses and fees, including all reasonable attorneys' fees which may be incurred by the County in enforcing this Regulatory Agreement following any default on the part of Grantor whether the same shall be enforced by suit or otherwise. Section 6. Recordation, Amendments; Termination. (a) Grantor shall cause this Regulatory Agreement to be duly recorded in the Office of the King County Recorder as an encumbrance upon the Property prior to the Deed of Trust and shall deliver to the County a copy of this Regulatory Agreement showing recording information. (b) Exempt as provided below, the provisions hereof shall not be amended or revised except by an instrument in writing duly executed by the County and by Grantor or its successor in title and duly recorded. This Regulatory Agreement shall not be terminated prior to the expiration of the stated term hereof except by instrument executed by the County and duly recorded. In either case, no such writing shall be binding upon the County unless duly executed by the King County Executive or the Director of DCHS. (c) In the event Grantor cannot obtain necessary to develop the Property to provide the housing as described hereunder, the Grantor may transfer or otherwise sell the Property with the consent of the County and upon such sale and the payment of the Loan, this Agreement shall terminate and the County shall file such termination documents as may be required to sell the Property free and clear of this Regulatory Agreement. Section 7. No Conflict with other Documents. Grantor represents and warrants that it has not executed and will not execute any other agreement with provisions contradictory to, or in opposition to, the provisions hereof, and that the Property is not ,and will not be subject to any requirements or restrictions in conflict with the provisions hereof. Section 8. Severability. The invalidity of any clause, part or provision of this Regulatory Agreement shall not affect the validity of the remaining portions thereof. Section 9. Vacancies; Nondiscrimination; Affirmative Marketing. Grantor shall make good faith efforts to rent all vacant Units. Grantor shall comply with all applicable fair housing and nondiscrimination laws, ordinances and regulations, including without limitation Section 282 of the Cranston -Gonzales National Affordable Housing Act (if HOME funds are involved), each as now in effect or hereafter amended. Grantor further agrees that with respect to County -funded Units it shall not engage in, nor permit, any act or practice that would be prohibited by any such law, regulation or ordinance but for the existence of any present or future exemption therein, or other limit on the effect thereof, that is based on the type of organization, character, mission or beliefs of the Grantor or of any other person or entity acting as or for the lessor or sublessor of a County -funded Unit. Grantor shall adopt and follow an affirmative marketing policy designed to attract eligible persons from all racial, ethnic, and gender groups in the housing market to available Units, consistent with the County's Affirmative Marketing procedures and requirements adopted pursuant to 24 C.F.R. Section 92.351. In the case of Extremely Low -Income Units that are for permanent occupancy, Grantor shall inform providers of emergency shelters and. Transitional Housing about the Property and shall promote access to the Units, when vacant, by Families in such shelters or Transitional Housing that are ready to move into permanent Multi -Service Center — Federal Way Veterans Regulatory Agreement 17 housing. In the case of a Transitional Housing Unit, Grantor shall inform providers of emergency shelters about the Unit and shall promote access to the Units, when vacant, by Families in such shelters that are ready to move into Transitional Housing. Grantor shall maintain records of its affirmative marketing efforts and shall include in its annual report to the County, in such detail as the County shall request, information on Affirmative Marketing efforts and the results thereof. Section 10. Insurance. Grantor shall keep any improvements now existing or hereafter erected on the Property insured, by an insurance company legally entitled to do business in the State of Washington and acceptable to County, against loss by fire and other hazards included within the term "broad form" coverage. if requested by the County, Grantor shall maintain insurance covering additional hazards against which mortgage lenders customarily require insurance. Grantor's casualty insurance shall cover one hundred percent (100%) replacement value of the improvements for the entire term of this Regulatory Agreement unless otherwise agreed in writing between the parties, provided, however, that Grantor shall not be obligated to insure the Existing Improvements . Grantor shall provide to County evidence satisfactory to the County of compliance with this Section, promptly upon any request by County. In the event of loss, insurance proceeds shall be applied to restoration or repair of damages to the Property, unless the County determines that such restoration or repair would impair the County's security under the Loan Documents or the parties agree that restoration or repair is economically unfeasible. For purposes of this Section and Section 11, impairment of the County's security shall be determined by comparison to the adequacy of the County's security prior to the casualty loss. Provided insurance is maintained as required herein, Grantor's or its successors' obligation to repair, if repairs are undertaken, shall be limited to and shall not exceed the insurance payments received by Grantor or its successor from the insurance policy required herein and any additional insurance maintained on the Property, plus any reserves maintained with respect to the Property. The provisions of this Section 10 regarding the use and disposition of insurance proceeds shall be subject to the rights of any third parties as set forth in any Exception having priority over this Regulatory Agreement (unless otherwise agreed by such third parties), and to any contrary provisions of any Subordination Agreement or Priority Agreement with respect to the Property signed by the County. Section 11. Involuntary Lass. In the event of loss or damage to the Property Grantor shall give prompt notice to the County. Subject to the limitation on Grantor's obligation pursuant to the preceding Section, Grantor shall promptly restore or repair the damages to the Property, in order to assure compliance with this Regulatory Agreement, unless County determines in writing that the County's security under the Loan Documents would be impaired by use of available insurance proceeds and any other resources provided by Grantor for such restoration or the parties agree that repair or restoration is not economically feasible. This Section shall not apply to the Existing Improvements. Section 12. Maintenance of Properly. Grantor shall at all times maintain the Property in good and tenantable condition and repair; shall neither commit nor suffer waste; and shall promptly comply with all applicable laws, codes and regulations applicable to the Property and the requirements of all federal, state and local authorities and pay all fees and charges in connection therewith. Grantor shall not cause or permit any conditions that would constitute a nuisance. Should Grantor fail to comply with any of the requirements of this section, then within thirty days after notice to Grantor of a violation thereof Grantor shall have prepared, in consultation with the County, a plan reasonably acceptable to the County to remedy the violation as promptly as feasible, and Grantor shall diligently pursue such plan to completion within the time period specified therein. If Grantor fails to develop or to implement such a plan in a timely manner or if the County determines in its discretion that an emergency exists that makes it Multi -Service Center — Federal Way Veterans Regulatory Agreement 18 necessary in order to protect the tenants of the Property, the County may, but shall not be obligated to, make the repairs or pay the costs to cure any non-compliance with this section and recover from Grantor as damages any costs incurred by the County. Any such amounts shall constitute a lien on the Property and shall bear interest at the rate of twelve percent per annum until paid. Section 13. Grant of Easement. Grantor hereby irrevocably grants an easement in gross to the County and its agents and employees, for the duration of this Regulatory Agreement, subject to the rights of residential tenants under applicable laws and ordinances, to enter the Property at any time when the County determines in its good faith discretion that an emergency makes such entry necessary for the protection of any tenants or the public, and to enter the Property at any other time on reasonable notice in advance to Grantor or Grantor's agent, for any of the following purposes: (a) to inspect the condition of the Property and determine compliance with the covenants hereof; (b) to interview tenants and verify income information, occupancy levels and any other matters relevant to this Regulatory Agreement; (c) to inspect and copy any documents maintained by Grantor or its agent relevant to this Regulatory Agreement; (d) in the event of default hereunder, not cured within any applicable cure period, to perform repairs as provided herein or take any other action permitted hereunder. Section 14. Leases. Grantor shall rent County -funded Units only pursuant to a form lease or rental agreement prepared by Grantor. The Grantor shall provide a copy of the form of lease currently in use to the County promptly upon any request by the County. The form lease or rental agreement shall comply with all applicable laws; shall not include any provisions prohibited by applicable laws or regulations, shall prohibit subletting or assignment of the lease without the express written approval of Grantor, which approval shall not be granted by Grantor if the result would be any violation of the rent or occupancy restrictions herein; and shall state that information about the limitations on Rents and Rent increases pursuant to this Regulatory Agreement is available from DCHS. Section 15. Management and Mana ement Agent. Subject to the requirements of this Regulatory Agreement and applicable law, Grantor shall operate the Property, or cause the Property to be operated, in accordance with the management plan as approved by the County pursuant to the Loan Agreement. Grantor shall not engage a Management Agent for the Property, or renew an agreement with an existing Management Agent, without the County's prior consent to the agent and the agent's compensation. If the County does not object in writing within ten (10) days after written notice to the County of the identity of any Management Agent and the terms of the proposed agreement or renewal with a term not to exceed one year, together with any information as to the background or experience of the Management Agent as the County may request, the County shall be deemed to have consented to the new Management Agent and/or the terms of the new or renewed agreement. Section 16. No Assumption of Obligations by County. Nothing in this Regulatory Agreement shall be construed to impose on the County any obligation or liability not expressly provided herein. This Regulatory Agreement is not intended to create any duties on the part of the County to any tenant or occupant of the Property, nor.to confer on any tenant or occupant of the Property or any other person any Multi -Service Center -- Federal Way Veterans Regulatory Agreement 19 right or claim against the County or its agents or employees in the event of any action or failure to act by the County hereunder. Section 17. Notices. All notices to be given pursuant to this Regulatory Agreement shall be in writing and shall be deemed given when hand -delivered within normal business hours, when actually received by facsimile transmission during business hours, or two business days after mailed, postage prepaid, to the parties hereto at the addresses set forth below, or to such other place as a party may from time to time designate in writing. BORROWER: Multi -Service Center 1200 South 336" St. Federal Way, WA 98003 Phone: (253) 835-7678 x Fax (253) 874-1831 101 Attn: Chief Executive Officer - COUNTY: 401 Fifth Avenue, Suite 510 Seattle, Washington 98104 Phone: (206) 263-9076 Fax: (206) 296-0229 Attn: Interim Loan Program Manager, Housing and Community Development Any notice to Borrower in accordance with this Section shall be sufficient notice to any other Grantor. Section 18. Supportive Services. Reserved. Section 19. Governing Law; Venue. This Regulatory Agreement shall be governed by the laws of the State of Washington. Grantor, for itself and its successors and assigns, consents to the jurisdiction of the courts of the State of Washington and to venue of any proceedings hereunder in King County, Washington. Section 20. Time. Time is of the essence of Grantor's obligations hereunder_ Multi -Service Center — Federal Way Veterans Regulatory Agreement 20 IN WITNESS HEREOF, the parties have caused this Regulatory Agreement to be signed by their respective, duly authorized representatives, as of the day and year first written above. GRANTOR: Multi -Service Center, a Washington nonprofit corporation By: Name: . Robin Corak Title: Chief Executive Officer The County accepts this Regulatory Agreement as of the day and year first above written. KING COUNTY, a political subdivis By: Print Title: Washington State Coordi nator Housing Finance Program Multi -Service Center — Federal Way Veterans Regulatory Agreement 21 CORPORATE ACKNOWLEDGMENT STATE OF WASHINGTON ) } ss.. COUNTY OF KING ) On this VVday of 12, before me. the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn. personally appeared Robin Corak, to me personally known (or proved on the basis of satisfactory evidence) to be the Chief Executive Officer of Multi -Service Center, the Washington nonprofit corporation that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on oath stated that she was authorized to execute the said instrument. WITNESS my hand and seal hereto affixed the day and year in this certificate above written. Date. 12-- NOTARY PU Washington residing at My commission expires: W PRINT NAME: ♦S'❑ rr 0 ►219 r yr4 .c< r4 ���►11 %i Multi -Service Center — Federal Way Veterans Regulatory Agreement 22 COUNTY ACKNOWLEDGMENT STATE OF WASHiNGTON ) ) ss COUNTY OF KING } On this _ day of Qele , 2012, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared John deChadenedes, to me known (or proved by satisfactory evidence) to be the Coordinator of the Housing Finance Program of the Department of Community and Human Services of King County, the political subdivision that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said municipal corporation, for the purposes therein mentioned, and on oath stated that she was authorized to execute the said instrument. WITNESS my hand and official seal hereto affixed the day and year in this certificate above written. Date: Use this %Paa E1 ee j : o OZARY N t® NOTARY PUBLIC id and for the State of Washington residing at S My commission expires: pl - ( % - � p 1 PRINT NAME: y4r,1etr,-e C leier)da Multi -Service Center - Federal Way Veterans Regulatory Agreement 23 RECORDED AT THE REQUEST OF AND AFTER RECORDING RETURN TO: Impact Capital 401 Second Avenue South Suite 301 Seattle WA 98104 Attention: Julie Alexander 0- 1221001956 FIDELITY (MAIO DT 231.00 PAGE-001 OF 015 12/21/2012 15:11 KING COUNTY, WA DEED OF TRUST, ASSIGNMENT OF LEASES AND RENTS, SECURITY AGREEMENT AND FIXTURE FILING (Impact Capital/Multi-Service Center) Program Action Number: 2012110 GRANTOR: GRANTEE #1 (Trustee): GRANTEE 42 (Beneficiary): ABBREVIATED LEGAL DESCRIPTION: ASSESSOR'S TAX PARCEL ID NUMBER: [mpact Capital — MSC Deed of Trust 51261731.2 MULTI -SERVICE CENTER, a Washington nonprofit corporation FIDELITY NATIONAL TITLE INSURANCE COMPANY IMPACT CAPITAL, a Washington non-profit corporation Lot 4, Block 2, Hall's Acre Tracts, Volume 20, Page 25 Complete Legal Description on Exhibit A 30402-0081; 304020-0079 Recorded at the request of RDII.ITY NATIONALTPI'IB MAJOR ACCOUNTS order, 1281 iC 5 2- 15 Z 31 DEED OF TRUST, ASSIGNMENT OF LEASES AND RENTS, SECURITY AGREEMENT AND FIXTURE FILING THIS DEED OF TRUST, ASSIGNMENT OF LEASES AND RENTS, SECURITY AGREEMENT AND FIXTURE FILING ("Deed of Trust") is made this __J9 _ day of December _, 2012, among MULTI -SERVICE CENTER, a Washington nonprofit corporation ("Grantor"), whose address is 1200 S. 336`h Street, Federal Way, WA 98003; FIDELITY NATIONAL TITLE OF WASHINGTON, INC., ("Trustee"), whose address is 600 University Street, Suite 1518, Seattle, WA 98101; and IMPACT CAPITAL, a Washington non-profit corporation ("Beneficiary"), whose address is 401 Second Avenue South, Suite 301, Seattle WA 98104. Grantor hereby grants, bargains, sells and conveys to Trustee, in trust, with power of sale, all Grantor's present and future right, title and interest in the real property located in King County, Washington described in Exhibit A attached to this Deed of Trust (the "Land"), to c thcr with all easements, water and mineral rights, rights in any streets or alleys adjoining the Land, and other rights or interests appurtenant to the Land; all buildings, structures, and improvements at any time situated thereon; all facilities, fixtures, machinery, apparatus, installations, goods, furniture, equipment, inventory, and other properties (including without limitation all heating, ventilating, air conditioning, plumbing and electrical equipment, all elevators and escalators, all sprinkler systems, all engines and motors, all lighting, laundry, cleaning, fire prevention and fire extinguishing equipment, all ducts and compressors, all refrigerators, stoves, and other appliances, attached cabinets, partitions, rugs, carpets and draperies, all building materials and supplies, and all construction forms, tools, and equipment) now or hereafter located in or used or procured for use in connection with the Land; together with all contracts, agreements, permits, plans, specifications, drawings, surveys, engineering reports, and other work products relating to the construction of the existing or any future improvements on the Land, and any and all rights of Grantor in, to, or under any architects' contracts or construction contracts relating to the construction of the existing or any future improvements on the Property (as hereafter defined), and any performance and/or payment bonds issued in connection therewith; !Mether with all trademarks, trade names, copyrights, computer software, and other intellectual property used by Grantor in connection with the Property, together with any and all rights of Grantor without limitation to make claim for, collect, receive, and receipt for any and all rents, income, revenues, issues, royalties, and profits, including mineral, oil, and gas rights and profits, insurance proceeds, condemnation awards, and other moneys payable or receivable from or on account of any of the Property, including interest thereon, or to enforce all other provisions of any agreement (including those referred to above) affecting or relating to any of the Property, tower with any and all rights of Grantor in any and all accounts, rights to payment, contract rights, chattel paper, documents, -1- tmpact Capitol — MSC Dccd of Trust 51261781.2 instruments, licenses, contracts, agreements, and general intangibles relating to any of the Property, including, without limitation, income and profits derived from the operation of any business on the Property or attributable to services that occur or are provided on the Property or generated from the use and operation of the Property and together with all books and records of Grantor relating to the foregoing in any form and all computer software necessary or useful to reading such books and records; all of Grantor's rights as landlord in and to all existing and future leases and tenancies of all or any portion of the Property, whether written or oral, and whether for a definite term or month to month or otherwise, including all renewals and extensions thereof and guaranties thereof, and all rents, deposits and other amounts received thereunder; and all books and records of Grantor relating the foregoing (all of the foregoing rights and interests together with all proceeds of the foregoing being referred to herein as the "Property"). To the extent that the grant of a security interest in any part of the Property that is owned by Grantor as of the date hereof requires the consent of a third party, Grantor represents and warrants to Beneficiary that such consent has been obtained. To the extent that the grant of a security interest in any part of the Property that is acquired by Grantor subsequent to the date hereof (including, without limitation, plans and architectural drawings, permits, or construction contracts) requires the consent of a third party, Grantor will obtain such consent upon demand by Beneficiary. IT IS MUTUALLY AGREED THAT: 1. Obligation Secured. This Deed of Trust is for the purpose of securing (a) performance of each agreement of Grantor herein contained; (b) payment of all amounts at any time owed under the terms of a promissory note of even date herewith in the original principal amount of TWO HUNDRED SIXTY FIVE THOUSAND ONE HUNDRED TWENTY SEVEN DOLLARS ($265,127) (the "Note"), made by Grantor, payable to Beneficiary or order, and all renewals, modifications and extensions thereof; (c) payment and performance by Grantor of its obligations under the Loan Agreement of even date herewith (the "Loan Agreement") executed by Grantor in connection with the loan secured hereby (the "Loan"); and (d) repayment of any and all sums advanced or expenditures made by Beneficiary at any time for the maintenance or preservation of the Property or to protect the priority thereof, or to satisfy any obligation secured by a lien that is or may become senior to the lien hereof. PROVIDED, HOWEVER, that in no event shall the Certificate and Indemnity Agreement Regarding Hazardous Substances of even date herewith (the "Indemnity Agreement") executed by Grantor for the benefit of Beneficiary, or the substantial equivalent of any obligation set forth therein, be secured hereby, notwithstanding any provision hereof seemingly to the contrary. 2. Security Agreement. To the extent any of the Property is personal property, Grantor, as debtor, grants to Beneficiary, as secured party, a security interest -2- lmpact Capital — MSC Deed of Trust 51261791.2 therein together with a security interest in all other personal property of whatsoever nature that is located on, used, or to be used in connection with any of the Property, and any products or proceeds of any thereof, pursuant to the Uniform Commercial Code of the state of Washington (the "UCC"), on the terms and conditions contained herein. Beneficiary hereby assigns such security interest to Trustee, in trust, for the benefit of Beneficiary to be dealt with as a portion of the "Property" except as otherwise specified herein. Grantor authorizes Beneficiary to file such Uniform Commercial Code Financing Statements listing Grantor as Debtor and Beneficiary as Secured Party as Beneficiary deems necessary or advisable to perfect the security interest herein granted. I Fixture Filing. This instrument shall be deemed to be a Fixture Filing within the meaning of the Washington Uniform Commercial Code to the extent any of the collateral described herein constitutes or will constitute fixtures. For such purpose, the name and address of Debtor and Secured Party, respectively, are the Grantor's and the Beneficiary's names and addresses, respectively, as specified in the introductory paragraph of this instrument. The description of the real estate to which the collateral is attached or upon which it is or will be located is as set forth on Exhibit A hereto. Grantor is the record owner of the real estate. 4. Warranty of Title. Grantor represents and warrants to Beneficiary that the Property is owned by Grantor and free and clear of all liens, charges and other encumbrances except for: (i) those additional encumbrances listed on attached Exhibit B as being prior to the lien of the Deed of Trust (collectively, the "Permitted Prior Encumbrances"); and (ii) those encumbrances listed on Exhibit C as being subordinate to the lien of the Deed of Trust (the "Permitted Subordinate Encumbrances"). 5. Covenants of Grantor. Grantor covenants and agrees as follows: (a) Grantor shall complete the contemplated construction or rehabilitation work, if any, under the Loan Agreement in accordance with the Loan Agreement. Grantor shall keep the Property in good condition and repair; shall permit no waste thereof; shall construct no improvements on the Property or allow such improvements to be constructed (other than those contemplated by the Loan Agreement) without Beneficiary's prior written consent, which Beneficiary may grant or withhold in its sole discretion, and in the event such consent is granted shall complete any such building, structure or improvement in accordance with the plans approved by Beneficiary; shall restore promptly and in a workmanlike manner any building, structure or improvement thereon that may at any time be damaged or destroyed; shall pay when due all claims for labor performed and materials supplied therefor; shall comply with all laws, ordinances, regulations, covenants, conditions and restrictions affecting the Property and the ownership, maintenance, operation and use thereof; and shall do all -3- Impact Capital — MSC Deed of Trust 51261791.2 other acts that from the character or use of the Property may be reasonably necessary from time to time for the continued operation of the Property in a safe and legal manner. (b) Grantor shall comply in all material respects with the terms of all easements, licenses, covenants and agreements relating to the Property and Grantor's uses thereof. (c) Grantor shall pay before delinquency all taxes and assessments upon the Property. (d) Grantor shall keep the Property free and clear of all charges, liens or encumbrances other than this Deed of Trust, the Permitted Prior Encumbrances, and the Permitted Subordinate Encumbrances. Grantor shall preserve and protect the priority of this Deed of Trust as a lien on the property, subject only to the Permitted Prior Encumbrances. Grantor shall have the right to contest in good faith the validity of any lien or claim against the Property so long as the lien of this Deed of Trust is not jeopardized and if requested to do so by Beneficiary, Grantor posts a bond or other adequate security in an amount equal to one hundred twenty-five percent (1251/6) of the amount of the lien or claim being contested. (e) At such time, if any, as improvements are constructed on the Property, Grantor shall keep all buildings now or hereafter erected on the Property continuously insured against loss by fire or other hazards pursuant to what is commonly referred to as "all-risk" coverage property insurance and otherwise as may be as required by Beneficiary from time to time in an amount not less than the total replacement value thereof and including a building upgrade and municipal ordinance endorsement. All such policies shall have a deductible not exceeding $10,000, shall name Beneficiary as loss payee, subject only to the rights of the holder of any Prior Permitted Encumbrances, and shall contain a provision for 30 days' prior notice to Beneficiary before cancellation thereof. All policies shall be held by Beneficiary, and be issued by such companies as Beneficiary may approve in its discretion and have loss payable first to Beneficiary, as its interest may appear, subject only to the rights of the holder of any Prior Permitted Encumbrances, and then to Grantor. The amount collected under any insurance policy may be applied upon any indebtedness hereby secured in such order as Beneficiary shall determine. Such application by Beneficiary shall not cause discontinuance of any proceedings to foreclose this Deed of Trust. In the event of foreclosure, all rights of Grantor in insurance policies then in force shall pass to the purchaser at the foreclosure sale. (fl Grantor shall maintain comprehensive general liability insurance covering the legal liability of Grantor against claims for bodily injury, personal injury, -4- Impact Capital — MSC Deed of Trust 51261781.2 death, property damage or advertising injury occurring on, in, or about the Property with coverage of One Million Dollars ($1,000,000) combined single limit, and naming Beneficiary as an additional insured. (g) Grantor shall defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee, and shall pay all costs and expenses (including costs of title reports and policies and fees of attorneys, paralegals, appraisers and environmental consultants retained by Beneficiary) in any such action or proceeding, and in any suit or other proceeding brought by Beneficiary to foreclose this Deed of Trust. (h) Grantor shall take all actions necessary to preserve the existence and validity of all licenses, rights, permits, franchises, concessions and privileges necessary to any existing or contemplated use of the Property, including without limitation any zoning variances and nonconforming use permits. (i) Grantor shall pay all costs, fees and expenses in connection with this Deed of Trust, including the expenses of the Trustee incurred in enforcing the obligations secured hereby and actually incurred by Beneficiary or Trustee. 0) Grantor shall not enter into any lease affecting the Property (other than leases of individual apartment units, in the event the Property includes an apartment complex) without the prior written consent of Beneficiary, which consent will not be unreasonably withheld or delayed. In the event such consent is granted, Grantor shall perform and comply with all terms and conditions of all leases and rental agreements affecting the Property from time to time during the term hereof (the "Leases") and shall require the strict performance by all tenants of the obligations under such Leases. Grantor shall not receive or collect any rents from any present or future tenant of the Property more than one month in advance of their due date. Grantor shall provide Beneficiary at any time upon request with copies of any leases (including amendments thereto) of the Property and if requested by Beneficiary, estoppel certificates and subordination, attornment and nondisturbance agreements from tenants other than single family residential tenants. (k) Grantor shall not permit the filing or recordation against the Property of any short plat, subdivision, binding site plan, condominium, lot line adjustment, or segregation or consolidation of tax parcels, or take any action that would alter or reconfigure any lot boundaries or create new lots or building sites within the Property, without the prior written consent of Beneficiary, which Beneficiary may grant or withhold in its sole discretion. -5- Impact Capital — MSC Deed of Trust 51261791.2 (1) If the loan secured hereby is being made in contemplation of redevelopment of the Property, Grantor shall prosecute its plans for redevelopment of the Property with all due diligence and in compliance with the requirements of the Loan Agreement. (m) Grantor shall comply with the provisions of the Prior and Subordinate Permitted Encumbrances, all agreements secured thereby, and any other loan, equity contribution or grant obtained in connection with the Property and if applicable, its contemplated redevelopment. 6. Transfer or Encumbrance. If Grantor shall sell, assign or transfer the Property or any portion thereof or any interest therein, further encumber the Property or any portion thereof or permit any change in the entity, ownership, or control of Grantor, in each case, without the prior written consent of Beneficiary, which Beneficiary may grant or deny in its sole and absolute discretion, such action shall constitute a material default hereunder and under the Note and shall entitle Beneficiary to exercise any and all of its remedies under the Note and any other documents or instruments evidencing or securing the indebtedness hereby secured, including, at Beneficiary's option, acceleration of the indebtedness hereby secured. 7. Inspection. Grantor shall permit Beneficiary or its agents at all reasonable times, to enter upon and inspect the Property. 8. Condemnation. In the event any portion of the Property is taken or damaged in an eminent domain proceeding, the entire amount of the award or such portion as may be necessary to fully satisfy the obligation secured hereby, shall be paid to Beneficiary to be applied to the indebtedness hereby secured. 9. No Waiver. By accepting payment.of any sum secured hereby after its due date, Beneficiary does not waive its right to require prompt payment when due of all other sums so secured or to declare default for failure to so pay. 10. Reconveyance. The Trustee shall reconvey all or any part of the Property covered by this Deed of Trust to the person entitled thereto on written request of the Grantor and the Beneficiary, or upon satisfaction of the obligation secured and written request for reconveyance made by the Beneficiary or the person entitled thereto. In Impact Capital — MSC Deed of Trust 512617912 11. Events of Default. Any of the following shall constitute an "Event of Default" as that term is hereinafter used: (a) Any representation or warranty made by or for the benefit of Grantor herein or elsewhere in connection with the loan secured hereby, including but not limited to any representations in connection with the security therefor, shall prove to have been incorrect or misleading in any material respect; (b) Grantor or any other person or entity liable therefor shall fail to pay when due any indebtedness secured hereby; (e) Grantor or any other signatory thereto shall default in the performance of any covenant or agreement contained in this Deed of Trust, the Note, the Loan Agreement or any other agreement executed in connection with the indebtedness secured hereby; (d) Grantor or any other person or entity liable for the repayment of the indebtedness secured hereby shall become unable or admit in writing its inability to pay its debts as they mature, or file, or have filed against it, a voluntary or involuntary petition in bankruptcy, or make a general assignment for the benefit of creditors,' or become the subject of any other receivership or insolvency proceeding; (e) Grantor or any other signatory thereto shall default in the performance of any loan, extension of credit, security agreement, purchase or sales agreement, or any other agreement, in favor of any other creditor or person that may materially affect Grantor's property or ability to pay or perform Grantor's obligations under this Deed of Trust or under any covenant or agreement contained in any of the Prior or Subordinate Permitted Encumbrances or any agreement secured thereby; (f) A tax, charge, or lien shall. be placed upon or measured by the Note, this Deed of Trust, or any obligation secured hereby that Grantor does not or may not legally pay in addition to the payment of all principal and interest as provided in the Note; or (g) There shall occur any default under the Indemnity Agreement. 12. Beneficiary's Right to Perform. Upon the occurrence of any Event of Default hereunder, including without limitation Grantor's failure to pay when due any taxes, assessments, insurance premiums, liens, encumbrances or other charges against the Property, Beneficiary may, but shall not be obligated to, pay the same, and the amount so paid, with interest at the default interest rate set forth in the note secured hereby, shall be -7- lmpact Capital — MSC Deed of Trust 51261781.2 added to and become a part of the debt secured in this Deed of Trust. The payment of such sums by Beneficiary and addition of the amount thereof to the principal balance secured hereby shall not constitute a waiver of the default. 13. Remedies on Default. Upon the occurrence of any Event of Default all sums secured hereby shall become immediately due and payable, without notice or demand, at the option of Beneficiary and Beneficiary may: (a) Have a receiver appointed as a matter of right, without regard to the sufficiency of the Property or any other security for the indebtedness secured hereby and, without the necessity of posting any bond or other security, such receiver shall take possession and control of the Property and shall collect and receive all of the rents, issues, and profits thereof, (b) Foreclose this Deed of Trust as a mortgage or otherwise realize upon the Property; (c) Cause Trustee to exercise its power of sale; (d) Sue on the Note according to law; or (e) To the extent permitted by law, including, without limitation, RCW 61.24.100, seek and obtain a deficiency judgment following the completion of a judicial foreclosure or a trustee's sale of all or a portion of the security for the obligations secured by this Deed of Trust. The rights and remedies accorded by this Deed of Trust shall be in addition to, and not in substitution of, any rights or remedies available under applicable law. All remedies provided herein and under applicable law are cumulative and may be exercised concurrently or successively. 14. Application of Rents. Grantor hereby grants to Beneficiary the right and authority during the continuance of this Deed of Trust to collect the rents and profits of the Property, reserving to Grantor the right, prior to any default in payment of any indebtedness secured hereby to collect and retain such rents and profits as they become due and payable. Upon any such default, Grantor's right to spend or retain any rents or profits of the Property shall cease immediately and without notice or demand and Beneficiary may at any time and without notice, either in person, by agent, or by a receiver to be appointed by a court, without regard to the adequacy of any security for the indebtedness hereby secured and without the necessity for posting any bond or other security, enter upon and take possession of the Property or any part thereof, or in its own -8- Impact Capital — MSC Deed of Trust 51261791.I name sue for or otherwise collect such rents and profits, including those past due and unpaid, and apply the same, less costs and expenses of operation and collection, including reasonable attorneys' fees, upon any indebtedness secured hereby, and in such order as Beneficiary may determine. The entering upon and taking possession of the Property, the collection of such rents and profits and the application thereof as provided herein shall not cure or waive any default hereunder or invalidate any act done pursuant to such notice. Nothing in this Section shall be deemed to limit or impair Beneficiary's right to review and approve proposed leases of the Property pursuant to Section 50) above. 15. Trustee's Power of Sale. This procedure for exercise of the Trustee's power of sale shall be as follows: Upon written request therefor by Beneficiary specifying the nature of the default, or the nature of the several defaults, Trustee shall sell the Property, in accordance with the Deed of Trust Act of the State of Washington, at public auction to the highest bidder. Any person except Trustee may bid at Trustee's sale. With respect to any of the Property that may be personal property, Trustee shall have and exercise, at Beneficiary's sole election, all the rights and remedies of a secured party under the Uniform Commercial Code of Washington. Wherever notice is permitted or required hereunder or under the UCC, ten days shall be deemed reasonable. Trustee may postpone the sale of all or any portion of the Property as provided by statute. Trustee shall apply the proceeds of the sale as follows: (1) to the expense of the sale, including without limitation a reasonable Trustee's fee, attorneys' fees and title insurance costs; (2) to the obligation secured by this Deed of Trust; (3) the surplus, if any, shall be distributed to the persons entitled thereto as provided by applicable law. Trustee shall deliver to the purchaser at the sale its deed, without warranty, which shall convey to the purchaser the interest in the Property which Grantor had or had the power to convey at the time of his execution of this Deed of Trust, and such as Grantor may have acquired thereafter, Trustee's deed shall recite the facts showing that the sale was conducted in compliance with all the requirements of law and of this Deed of Trust, which recital shall be prima facie evidence of such compliance and conclusive evidence thereof in favor of bona fide purchasers and encumbrancers for value. lb. Successor Trustee. In the event of the death, incapacity, disability, or resignation of Trustee, or at Beneficiary's election, Beneficiary may appoint in writing a successor trustee, and upon the recording of such appointment in the mortgage records of the county in which this Deed of Trust is recorded, the successor trustee shall be vested with all powers of the original trustee. The trustee is not obligated to notify any party hereto of pending sale under any other deed of trust or of any action or proceeding in which Grantor, Trustee or Beneficiary shall be a party unless such action or proceeding is brought by the Trustee. -9- Impact Capital — MSC Deed of Trust 51261711.2 17. Successors. This Deed of Trust applies to, inures to the benefit of, and is binding not only on the parties hereto, but on their heirs, devisees, legatees, administrators, executors and assigns. The term Beneficiary shall mean the holder and owner of the note secured hereby, whether or not named as Beneficiary herein. 18. Commercial Pur ose. The loan secured hereby is primarily for commercial, industrial or business purposes, and is not primarily for personal, family, or household purposes. 19. Non -Agricultural. None of the Property is presently, or will during the term of this Deed of Trust be, used principally or at all for agricultural or farming purposes. 20. Notices. All notices under this Deed of Trust shall be given in the manner set forth in the Loan Agreement DATED as of the day and year first above written. ORAL AGREEMENTS OR ORAL COMMITMENTS TO LOAN MONEY, EXTEND CREDIT, OR FORBEAR FROM ENFORCING REPAYMENT OF A DEBT ARE NOT ENFORCEABLE UNDER WASHINGTON LAW. GRANTOR: MULTI -SERVICE CENTER, a Washington nonprofit corporation still Impact Capital — M5C Deed of Trust 51261711.2 STATE OF WASHINGTON SS. COUNTY OF kin i certify that I know or have satisfactory evidence that��'� Corak is the person who appeared before me, and said person acknowledged that said person signed this instrument, on oath stated that said person was authorized to execute the instrument as the Cy_ o _ of MULTI -SERVICE CENTER, a Washington nonprofit corporation and acknowledged it to be the free and voluntary act of such nonprofit corporation for the uses and purposes mentioned in the instrument. Dated this 1t'—day of December _, 2012. (sign c o Not - �_ Luln (Legibly Prim or Stamp Namc orNotary) Notary public in and for the state of Washington, residing at My appointment expires +� Impact Capital — MSC Decd of Trust 51261781.2 EXHIBIT A PARCEL A: THE WEST 100 FEET OF LOT 4, BLOCK 2, HALLS ACRE TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 2- OF PLATS, PAGE 25, IN KING COUNTY, WASHINGTON; EXCEPT THE WEST 20 FEET THEREOF FOR STATE HIGHWAY AND EXCEPT THAT PORTION THEREOF TO THE CITY OF FEDERAL WAY FOR ROAD PURPOSES BY SUPERIOR COURT CAUSE NUMBER 06-2-01388-3 KNT, RECORDED UNDER RECORDING NUMBER 20061025001096, AND ALSO EXCEPT THAT PORTION THEREOF DEEDED TO THE CITY OF FEDERAL WAY, A WASHINGTON MUNICIPAL CORPORATION, RECORDED OCTOBER 8, 2007, UNDER RECORDING NUMBER 20071008000058. PARCEL B: LOT 4, BLOCK 2 OF HALL'S ACRE TRACTS, AS PER PLAT RECORDED IN VOLUME 20 OF PLATS, PAGE 25 RECORDS OF King COUNTY AUDITOR; EXCEPT THE WEST 100 FEET THEREOF AS MEASURED ALONG THE NORTH LINE; AND EXCEPT THE EAST 87 FEET THEREOF AS MEASURED ALONG THE NORTH LINE; TOGETHER WITH AN EASEMENT FOR INGRESS, EGRESS OVER THE NORTH 12 FEET OF THE WEST 100 FEET OF SAID LOT 4; EXCEPT THE WEST 20 FEET THEREOF CONVEYED TO THE -STATE OF WASHINGTON FOR STATE HIGHWAY ALSO TOGETHER WITH AN EASEMENT FOR INGRESS AND EGRESS OVER THE NORTH 15 FEET OF THE WEST 87 FEET OF SAID LOT 4, BLOCK 2, SAID ADDITION. SITUATE IN THE CITY OF Federal Way, County of King, STATE OF WASHINGTON. Exhibit A Impact Capital — MSC Decd of Trust 51261791.2 EXHIBIT B PRIOR PERMITTED ENCUMBRANCES The Property described on Exhibit A is subject to the following encumbrances which are prior to the lien of this Deed of Trust: Regulatory Agreement in Favor of King County, being recorded immediately prior to the recordation of this Deed of Trust. Exhibit B Impact Capital — M5C Deed of Trust 5 12617B 1.2 EXHIBIT C SUBORDINATE PERMITTED ENCUMBRANCES The Property described on Exhibit A is also subject to the following encumbrances which are subordinate to the lien of the Deed of Trust:11 1. Deed of trust in favor of King County, being recorded immediately after this Deed of Trust in the real property records of King County, Washington, securing an indebtedness in an amount not to exceed Two Hundred Seventy -Four Thousand Eight Hundred Seventy Dollars ($274,870). Exhibit C impact Capital — MSC Deed of Trust 51261781.2 When Recorded Return To: Valerie Kendall King County Housing and Community Development Program Community Services Division Chinook Building 401 Fifth Avenue, Suite 510 Seattle, WA 98104 20121221001957 FIDELITY {MAJO DT 235.00 PAGE-001 F 019 12/21/2012 15:11 KING COUNTY, WA DEED OF TRUST ASSIGNMENT OF RENTS SECURITY AGREEMENT AND FIXTURE FILING Grantor: Multi -Service Center, a Washington nonprofit corporation Grantee(s): 1. Fidelity Title Insurance Company, Trustee 2. KING COUNTY, Beneficiary Legal Description (Abbreviated): Lot 4, Block 2, Hall's Acre Tracts, Volume 20, page 25 [full legal on page 21 Assessor's Property Tax Parcel Account Number(s): 3040200081, 30402000079 Reference Documents: N/A THIS DEED OF TRUST, ASSIGNMENT O kENTS, SECTY AGREEMENT, AND FIXTURE FILING ("Deed of Trust") is made as of the 1*1 RI day of , 2012 among, Multi -Service Center, a Washington nonprofit corporation ("Grantor"), whose address 1200 South 336th, Federal Way. WA 98003, and Fidelity Title of Washington, Inc., as agent for Fidelity National Title Insurance Company, a California corporation. 600 University St., Suite 1518, Seattle, WA 98101, as Trustee; and King County, a political subdivision of the State of Washington, as Beneficiary, whose address is 401 Fifth Avenue, Suite 510, Seattle, Washington, 98104, Attention: Interim Loan Program Manager, King County Housing and Community Development Program. 1. Granting Clause. Grantor irrevocably grants, bargains, sells, and conveys to Trustee in trust, with power of sale, all Grantor's estate, right, title, interest, claim and demand, now owned or hereafter acquired, in and to the following (the "Property"): Recorded at the request of Deed of Trust - 1 �gDFL N NATIONALTITIE MAJOR ACCOUNTS Order# 17IY3(,S7- 19 )127 (a) the property in King County, Washington, located at 29404 Pacific Highway South , Federal Way Washington, 98003 and legally described on Exhibit A hereto. (b) all land lying in streets, alleys and roads adjoining the property described in subsection 1(a) above, and all access rights and easements pertaining to the Property; (c) all the lands, tenements, privileges, reversions, remainders, air rights, development rights, access rights, irrigation and water rights and stock, oil and gas rights; royalties, minerals and mineral rights, hereditaments and appurtenances belonging or in any way pertaining to the Property; (d) all buildings, structures, improvements, furnishings, fixtures, equipment, and replacements and additions thereto now or hereafter attached to or located on the Property or used in the operation of the Property including, but not limited to, heating and incinerating apparatus and equipment, boilers, water heaters, tanks, engines, motors, dynamos, generating equipment, computers, computer workstations and terminals, telephone and other communication systems, piping and plumbing fixtures, ranges, cooking apparatus and mechanical kitchen equipment, refrigerators, cooling, ventilating, sprinkling and vacuum cleaning systems, fire extinguishing and detection apparatus, security systems, gas and electric fixtures, light fixtures, irrigation equipment, carpeting, underpadding, elevators, escalators, partitions, mantles, built-in mirrors, window shades, blinds, screens, storm sash, awnings, furnishings of public spaces, halls and lobbies, and shrubbery and plants (All property mentioned in this Subsection (d) shall be deemed part of the realty and not severable wholly or in part without material injury to the Property); and (e) all rents, issues and profits of the Property, all existing and future leases of the Property (including extensions, renewals and subleases), and all agreements for use and occupancy of the Property, which leases and agreements whether written or oral are hereafter referred to as the "Leases" (This Subsection (e) is subject to the assignments and the right, power and authority given to the Beneficiary to collect and apply the Rents in Sections 21 and 22 below). 2. Sccufity _AaSe meet. This Deed of Trust shall constitute a security agreement under the Uniform Commercial Code between Grantor as debtor and Beneficiary as secured party. Grantor grants a security interest to Beneficiary in any of the above -described or referenced Property in which such an interest may be created under the Uniform Commercial Code, and in the following property now owned or hereafter acquired by Grantor, to the extent of Grantor's interest therein (all of which is hereafter collectively referred to as the "Collateral"): (a) All furniture, furnishings, fixtures, appliances, machinery, vehicles, equipment, and all other tangible personal property of any kind now or hereafter located on the Property, used or intended to be used on the Property wherever actually located, or purchased with the proceeds of the Note (as defined herein), including without limitation construction materials and supplies, and all rights of Grantor as lessee of any property described in this Section 2 and Subsection 1(d) above; (b) All compensation, condemnation awards, damages, rights of action and proceeds (including insurance proceeds and any interest on any of the foregoing) pertaining to the Property or Collateral; Deed of Trust - 2 (c) All returned premiums or other payments on any insurance policies pertaining to the Property and any refunds or rebates of taxes or assessments on the Property; (d) All plans, specifications, drawings, surveys, engineering reports, land planning maps, tests, studies, licenses, permits, forms, leases, books and records (including computer files or other electronic format), construction contracts, purchase orders, inventory, goods, contracts, contract rights, options, subscriptions, accounts, accounts receivable, general intangibles, chattel paper, instruments, documents, things in action, judgments, settlement proceeds, royalties, patents, copyrights, trademarks, rents, issues, profits, arising from or in any manner pertaining to the Property or Collateral, and Grantor's rights under any payment, performance, or other bond in connection with construction or renovation of improvements on the Property; (e) All contracts and agreements pertaining to or affecting the Property including management, operating and franchise agreements and licenses, and any choices in action arising out of any such agreements; (f) All commitments or agreements, now or hereafter in existence, that will provide Grantor with proceeds to satisfy the Note and the right to receive iite proceeds due under such commitments or agreements including refundable deposits and fees; (g) All additions, accessions, replacements, substitutions, proceeds and products of the property described in this Section 2 and of any of the Property that is personal property; (h) All undisbursed proceeds of the loan secured hereby and any other funds deposited with Beneficiary or in an account under Beneficiary's control in connection with the development of the Property: and (i) All funds, bank accounts, securities, investments, claims or demands pertaining to any reserve account relating to the Property established in accordance with the Loan Documents, including without limitation the Replacement Reserve Account and the Operating Reserve Account described in the Loan Agreement referred to in Section 3 below. This Deed of Trust shall be deemed a Security Agreement as defined in said Uniform Commercial Code ("UCC") and the remedies for any violation of the covenants, terms and conditions of the agreements herein contained shall be (i) as prescribed herein or in other Loan Documents, or (ii) by general law, or (iii) as to such part of the security that is subject to the UCC, by the terms of the UCC, all at Beneficiary's sole election. Grantor and Beneficiary agree that the filing of any Financing Statement under the UCC in the records normally having to do with personal property shall never be construed as in anywise derogating from or impairing the declaration and hereby stated intention of the parties hereto, that everything used in connection with the Property that is the subject of this Deed of Trust and/or adapted for use therein and/or that is described or reflected in this Deed of Trust is, and at all times and for all purposes and in all proceedings both legal or equitable shall be, regarded as part of the real estate irrespective of whether (i) any such item is physically attached to the improvements, (ii) serial numbers are used for the better identification of certain equipment and items capable of being thus identified in any list filed with the Beneficiary, or (iii) any such item is referred to or reflected in any such Financing Statement so filed at any time. Deed of Trust - 3 3. Obligations Secured. This Deed of Trust is given for the purpose of securing the following: (a) payment of the indebtedness evidenced by the promissory note dated December 11, 2012 with interest thereon (including Contingent Interest, if applicable), and premium (if any), in the original principal sum of two hundred seventy four thousand eight hundred and seventy dollars ($274,870), payable to Beneficiary or order and made by Grantor, which note provides that the outstanding balance is due and payable on December 31, 2015, unless earlier accelerated or extended under the terms of the Loan Documents referred to below, and any increases in the original principal sum and all renewals, modifications, substitutions, consolidations or extensions thereof, and any other notes evidencing the indebtedness secured by this Deed of Trust (all referred to herein, together with such promissory note, as the "Note"); (b) payment of any costs or expenses incurred and advances made by Beneficiary pursuant to this Deed of Trust or any other documents (including without limitation the "Loan Documents", as defined at the end of this Section 3 below) executed by Grantor evidencing, securing, or relating to the Note, the Property and/or the Collateral, whether executed prior to, contemporaneously with, or subsequent to this Deed of Trust, to protect the Property or Collateral or fulfill any obligation of Grantor, plus interest thereon at the rate of twelve percent (12%) per annum (unless another rate is expressly agreed in writing) from the time such costs or expenses are incurred or advances made; (c) payment and performance of all other agreements and obligations of Grantor set forth or incorporated by reference in any of the following documents, as the same may be hereafter amended: (i) the Loan Agreement between Grantor and Beneficiary dated on or about the date hereof (as the same may be amended, the "Loan Agreement"), excepting the provisions thereof that require compliance with the rent and occupancy provisions of the Regulatory Agreement described below; and (ii) this Deed of Trust; (d) payment of any further sums advanced or loaned by Beneficiary to Grantor, or any of Grantor's successors or assigns, together with interest thereon, if the note or other writing evidencing the future advance or loan specifically states that it is secured by this Deed of Trust; and (e) payment and performance of any and all other obligations of Grantor to Beneficiary, its' successors and assigns, now existing and hereafter arising, that are at any time specifically agreed in writing by Grantor and Beneficiary to be secured hereby. The documents described in subsection 3(c) above, including all exhibits thereto, together with the Note and the Regulatory Agreement between Grantor and Beneficiary dated on or about the date hereof ("Regulatory Agreement"), as any of the same may be amended, are referred to herein as the "Loan Documents". However, notwithstanding any other provision of this Deed of Trust, all obligations under the Regulatory Agreement and under any Certificate and Indemnity Regarding Hazardous Substances and Building Laws (or similarly titled document) now or hereafter made by Grantor or any other party with respect to the Property are not secured hereby, and shall survive any satisfaction of the obligations secured hereby. Grantor understands and agrees that although the obligations under such documents are not secured hereby, nonetheless the failure to comply with the terms thereof may be an Event of Default under the Loan Agreement (after any applicable notice and cure periods), and therefore Deed of Trust - 4 such failure may result in acceleration of the obligations secured hereby and foreclosure or other remedies hereunder. GRANTOR REPRESENTS, WARRANTS, COVENANTS AND AGREES AS FOLLOWS: 4. Performance of Obligations. Grantor shall promptly and timely pay all sums due pursuant to the Loan Documents and strictly comply with all the terms and conditions of the Loan Documents. 5. Warranty of Title. Grantor represents and warrants that (a) Grantor is the sole holder of an indefeasible fee simple absolute title to the Property (unless Grantor's interest in the Property is described above as a leasehold interest, in which case Grantor warrants that it lawfully possesses and holds a valid fee interest in the Property and that said title is marketable and subject to no liens, encumbrances, easements, assessments, security interests, claims or defects of any kind except for the following (collectively, the "Exceptions"): exceptions expressly permitted by the Loan Agreement, any exceptions hereafter approved by Beneficiary in writing, and non -delinquent real estate taxes and assessments; (b) none of the Exceptions has priority over this Deed of Trust except as expressly permitted in the Loan Agreement; and (c) Grantor has the right to convey the Property to Trustee for the benefit of Beneficiary, and the right to grant a security interest in the personal property Collateral. Grantor shall warrant and shall defend the validity and priority of the lien of this Deed of Trust and the security interests granted herein against any and all claims or demands other than Exceptions expressly permitted to have priority over this Deed of Trust by the Loan Agreement or by another written agreement of Beneficiary made after the date hereof. 6. Prohibited Liens. Grantor shall keep the Property free from liens and lien claims of all kinds, superior or inferior to the Deed of Trust, except for the Exceptions and as otherwise approved by Lender, and subject to Grantor's rights under this Section. Grantor may contest in good faith by appropriate legal or administrative proceedings the validity of any lien, encumbrance or charge so long as (i) no default exists under the Loan Documents; (ii) Grantor first deposits with Beneficiary a bond or other security satisfactory to Beneficiary in the amount reasonably required by Beneficiary; (iii) Grantor immediately commences its contest of such lien, encumbrance or charge, and continuously pursues the contest in good faith and with due diligence; (iv) foreclosure of the lien, encumbrance or charge is stayed; and (v) Grantor pays any judgment rendered on the claim within ten (10) days after entry of the judgment. Grantor shall discharge or elect to contest and shall post appropriate security for any contest within twenty (20) days of written demand by Beneficiary. 7. Payment of Taxes and Other Encumbrances. Grantor shall pay in full on or before the delinquency date the real estate taxes, surface water management charges, assessments, ground rents, and all other encumbrances, charges and liens affecting the Property, including all payments due on obligations secured by mortgages and deeds of trust, whether prior to or subordinate to the lien of this Deed of Trust, that may now or hereafter be levied, assessed or claimed upon the Property or any part thereof that is the subject of this Deed of Trust. On request Grantor shall furnish evidence of payment of these items. 8. Maintenance - No Waste. Grantor shall maintain all buildings and improvements now or hereafter located on the Property and the Collateral in good condition and repair. Grantor shall not commit or permit any waste of the Property or Collateral; shall promptly comply with all requirements of the federal, State and municipal authorities and all other laws, ordinances, regulations, covenants, Deed of Trust - 5 conditions and restrictions respecting the Property, the Collateral, or the use thereof; and shall pay all fees or charges of any kind in connection therewith. Grantor shall do all acts and take all precautions that, from the character and use of the Property or Collateral, are reasonable, proper or necessary. 9. Alterations, Removal and Demolilion. Other than as expressly contemplated by the Loan Documents, Grantor shall not structurally alter, remove or demolish any building or improvement on the Property without Beneficiary's prior written consent nor shall Grantor remove any fixture or other item of property that is part of the Property or Collateral without Beneficiary's prior written consent unless the fixture or item of property is replaced by an article of equal suitability owned by Grantor free and clear of any lien or security interest except such as may be approved in writing by the Beneficiary. Beneficiary shall respond to any request for consent under this Section, accompanied by a full explanation of the proposed action and the purpose, necessity, and financing thereof, within thirty (30) days of receipt of such request. 10. Completion, Repair and Restoration. Except as otherwise set forth in the Loan Agreement, Grantor shall promptly complete or repair and restore in good workmanlike manner any building or improvement on the Property that may be partially constructed, damaged or destroyed and shall pay all costs incurred therefore, provided that (a) repair and restoration shall be subject to the approval of mortgagees as set forth in any senior mortgage and in any Priority Agreement or Subordination Agreement executed by Beneficiary; and (b) if Grantor maintains insurance as required hereby then Grantor's obligation to repair and restore in case of casualty shall be limited to the insurance proceeds available therefore and any reserves maintained for the Property. Prior to commencement of any construction or restoration costing in excess of $25,000, Grantor shall submit the plans and specifications for Beneficiary's approval and furnish evidence of sufficient funds to complete the work. 11. Compliance with Laws. Grantor shall comply with all laws, ordinances, regulations, covenants, conditions, and restrictions affecting the Property (other than requirements of subordinate encumbrances when compliance with such requirements would violate terms or conditions of the Loan Documents), including, without limitation, all applicable requirements of federal, state and local fair housing laws and regulations; the Americans with Disabilities Act of 1990 (as now or hereafter amended) and regulations thereunder; and all environmental, subdivision, zoning, building code, fire, occupational, health (including lead -based paint), safety: and occupancy laws; and Grantor shall not commit or permit any act upon or concerning the Property in violation of any such laws, ordinances, regulations, covenants, conditions, and restrictions. In the event any statute, ordinance or regulation requires any correction, alteration or retrofitting of any improvements, Grantor shall promptly undertake and complete the required correction, repair, alteration or restoration at its sole cost and expense. Grantor shall defend, indemnify and hold harmless the Beneficiary and its officials and employees from and against any and all liability, loss, damage, cost or expense suffered by or threatened against them by reason of a breach of the requirements of this Section. This indemnity shall include all costs of alterations to the Property (including architectural, engineering, legal and accounting costs), all fines, fees and penalties, and all legal and other expenses incurred in connection with the Property being in violation of any such laws, regulations, ordinances, covenants, restrictions or conditions. The foregoing indemnity shall survive any foreclosure or deed in lieu thereof. 12. Impairment of Collateral. Grantor shall not, without Beneficiary's prior written consent, change the general nature of the occupancy of the Property except in connection with the construction and development of the Property; initiate, acquire or permit any change in any public or private Deed of Trust - 6 restrictions limiting the uses that may be made of the Property; or take or permit any action that would impair the Property or Collateral or Beneficiary's lien or security interest in the Property or Collateral. Grantor shall not, without the written consent of Beneficiary, (i) initiate or support any zoning reclassification of the Property, seek any variance under existing zoning ordinances applicable to the Property or use or permit the use of the Property in a manner that would result in such use becoming a nonconforming use under applicable zoning ordinances; (ii) modify, amend or supplement any easement, reservation, restriction, covenant, condition, or encumbrance pertaining to the Property; (iii) impose or consent to any restrictive covenant or encumbrance upon the Property other than the Regulatory Agreement and any Exception, execute or file any subdivision or parcel map or condominium declaration affecting the Property or consent to the annexation of the Property to any municipality, or (iv) permit the Property to be used by the public or any person in such manner as might make possible a claim of adverse usage or possession or of any implied dedication or easement. 13. Inspectionof _Property. Beneficiary and/or its representative may inspect the Property, including the interior of any structures, at reasonable times after three days written notice, or without notice in case of emergency, all subject to the rights of tenants under applicable statutes and ordinances. 14. Grantor's Defense of Collateral. Grantor shall appear in and defend any action or proceeding that may affect the value, priority or enforceability of this security instrument or the Property or Collateral itself or the rights or powers of Beneficiary or Trustee, including any suits relating to damage to property or death or personal injuries. 15. Beneficiary's Right to Protect Collateral. Beneficiary may commence, appear in, and defend any action or proceeding that may affect the Property or Collateral or the rights or powers of Beneficiary or Trustee in the Property or Collateral. Beneficiary may pay, purchase, contest or compromise any encumbrance, charge or lien that is in default or is not listed as an Exception and that in its judgment appears to be prior or superior to the lien of this Deed of Trust. If Grantor fails to make any payment or do any act required under the Loan Documents, Beneficiary, without any obligation to do so, upon three days written notice (except in case of emergency) to Grantor and without releasing Grantor from any obligations under the Loan Documents, may make the payment or cause the act to be performed in such manner and to such extent as Beneficiary may deem necessary to protect the Property or Collateral or Beneficiary's interest therein. Beneficiary is authorized to enter upon the Property for such purposes. In exercising any of these powers Beneficiary may incur such expenses, in its absolute good faith discretion, as it deems necessary. 16. Repayment of Benef cia_y's Expenditures. Except as otherwise provided in the Loan Documents, Grantor shall pay within ten (10) days after written notice from Beneficiary all sums expended or advanced by Beneficiary pursuant to any provision of the Loan Documents, and all costs and expenses incurred by Beneficiary in taking any actions pursuant to the Loan Documents outside of the ordinary course of loan administration, including attorneys' fees. accountants' fees, appraisal and inspection fees, and the costs for title reports and guaranties. All such expenditures and advances made by Beneficiary, and costs and expenses incurred by Beneficiary, and interest thereon, shall constitute advances made under this Deed of Trust and shall be secured by and have the same priority as the lien of this Deed of Trust. If not reimbursed within such 10-day period, all such expenditures shall bear interest from the date of such advance or expenditure at the rate of twelve percent (12%) per annum until paid. If Grantor fails to repay any such expenditures, advances, costs and expenses and interest thereon, Beneficiary may, at its option, advance any undisbursed loan proceeds to pay the same. Deed of Trust -'7 17. Sale or Transfer. Except to the extent otherwise specifically provided in the Loan Agreement, if the Property or any portion thereof or interest therein is sold, conveyed, transferred, or encumbered, either voluntarily or involuntarily (not including the creation of any Exception, but including any transfer upon the foreclosure thereof or default thereunder) without the prior written consent of the Beneficiary, then Beneficiary may declare all sums secured by the Deed of Trust immediately due and payable. All transfers of stock or general partner or managing member interests in Grantor or any successor to Grantor, changes in managing member of Grantor or any successor to Grantor, transfers by lease (except residential tenant leases on terms permitted by the Loan Documents) for terms of more than one (1) year (including extension options), leases with purchase options, conveyances by real estate contract and transfers by foreclosure or other forced sale or forfeiture shall each be deemed a transfer of Grantor's interest in the Property for the purposes of this Section. This provision shall apply to each and every sale, transfer, conveyance or encumbrance regardless of whether or not Beneficiary has consented or waived its rights, whether by action or inaction, in connection with any previous sale, transfer, conveyance or encumbrance, whether one or more. Any sums that are accelerated under this Section shall bear the same prepayment premium as is provided in the Note for amounts that are voluntarily paid to Beneficiary in advance of their originally scheduled due dates. 18. Insurance. Requirements are listed in the Loan Agreement, 19. Condemnation and Insurance Proceeds. Grantor shall give immediate notice to Beneficiary of any condemnation proceeding (including change of grade) or any offer made related to potential condemnation, or any loss or damage to the Property or Collateral or any right therein, whether or not required to be insured against. Such notice with respect to any casualty shall generally describe the nature and cause of such casualty and the extent of the damage to or destruction of the Property. Beneficiary may, except in the case of a condemnation by the Beneficiary, at Beneficiary's option, commence, appear in and prosecute, in its own name, any action or proceeding, make a claim for, or make any reasonable compromise or settlement as a result of condemnation, loss or damage. Subject to the terms of any deed of trust having priority over this Deed of Trust, all proceeds payable as a result of condemnation, loss or damage shall be paid to Beneficiary. All compensation, awards, damages, rights of action and proceeds, including the policies and the proceeds of any policies of insurance affecting the Property, are hereby assigned to Beneficiary, but no such assignments shall be effective to invalidate or impair any insurance policy. Subject to the terms of any deed of trust with priority over this Deed of Trust: (i) Grantor further assigns to Beneficiary any return premiums or other repayments upon any insurance at any time provided for the benefit of the Beneficiary and all refunds or rebates made of taxes or assessments on the Property, and (ii) Grantor agrees that Beneficiary may at any time collect said return premiums, repayments, refunds, and rebates in the event of any default by Grantor under the Loan Documents. No insurance proceeds, condemnation awards or payments in lieu thereof at any time assigned to or held by Beneficiary shall be deemed to be held in trust, and Beneficiary may commingle such amounts with its general assets and shall not be liable for the payment of any interest thereon. Unless Beneficiary determines that Beneficiary's security would be impaired or both Beneficiary and Grantor agree that the repair or restoration of the improvements on the Property would not be economically feasible, Beneficiary shall permit the proceeds to be used for repair and restoration of the Property on such conditions as Beneficiary may impose, which may include evidence from Grantor of sufficient funds to complete the work, approval by Beneficiary of the plans and specifications, and periodic disbursement by Beneficiary of the proceeds during the course of repair and restoration. If (a) the Beneficiary determines that its security would be impaired by use of the proceeds (and any other Deed of Trust - 9 resources provided by Grantor) for repair or restoration; (b) Grantor and Beneficiary agree that repair or restoration would not be economically feasible; (c) the conditions imposed as referenced in the previous sentence for use of proceeds for repair or restoration are not satisfied; or (d) Grantor fails to proceed with reasonable diligence to repair or restore notwithstanding the availability of insurance proceeds; then in any such case Beneficiary may, after deducting its expenses including reasonable attorneys' fees, without in any way affecting the enforceability or priority of the lien of this Deed of Trust or the obligation of the Grantor or any other person for payment of the indebtedness hereby secured or for the reconstruction of the damaged improvements, whether Grantor be the then owner of the Property or not: (a) Apply all or part of the proceeds against the sums owed under the Loan Documents including the Note whether or not the sums are actually due or the security for the Note is impaired and without affecting the due dates or amount of payments thereafter due under the Note, or (b) Release all or any part of the proceeds to Grantor, or (c) In the case of an Event of Default resulting from Grantor's failure to proceed with repair or restoration, cause the proceeds to be used for repair or restoration of the Property under the terms and conditions stated in Section 25 below. For purposes of this Section, impairment of the Beneficiary's security shall be determined by comparison to the adequacy of the Beneficiary's security prior to the condemnation or casualty loss. The provisions of this Section 19 regarding the use and disposition of insurance and condemnation proceeds shall be subject to the rights of any third parties as set forth in any Exception having priority over this Deed of Trust (unless otherwise agreed by such third parties), to any contrary provisions of any priority agreement among Beneficiary and other parties with interests in the Property, and to any requirements of Beneficiary contained in the Loan Agreement or Regulatory Agreement. 20. Leases. Grantor shall fully comply with all of the terms, conditions and provisions of all Leases so that the same shall not become in default and do all that is necessary or advisable to preserve all said Leases in force. Except for the Exceptions, without the express written consent of Beneficiary, Grantor shall not permit any lien to be created against the Property that may be or may become prior to any Lease. Grantor shall not enter into any new lease. nor agree to the modification, surrender, cancellation or renewal of any Lease without the express written consent of the Beneficiary in advance, except in each case with respect to residential tenants as permitted by the Loan Documents and, if the Property contains nonresidential space at the date of this Deed of Trust, with respect to leases or renewals thereof on commercially reasonable terms for any period not exceeding five years, including renewals at lessee's option. Grantor shall not, without the express written consent of Beneficiary, accept payment of Rents more than two months in advance. 21, Assignment of Rents and Leases - Grantor's Right to Collect. (a) Agi nment of Rents. Subject to the terms of any recorded assignment of rents having priority over this Deed of Trust, Grantor hereby absolutely and irrevocably assigns to Beneficiary all Grantor's present and future interest in all the rents, income, receipts, revenues, issues, profits and other income of any nature now or hereafter due (including any income of any nature coming due during any redemption period) under the Leases or from or arising out of the Property including minimum rents, additional rents, percentage rents; parking or common area maintenance contributions, tax and insurance Deed of Trust - 9 contributions, deficiency rents, liquidated damages following default in any Lease, all proceeds payable under any policy of insurance covering loss of rents resulting from untenantability caused by destruction or damage to the Property, all proceeds payable as a result of a lessee's exercise of any option to purchase the Property, all proceeds derived from the termination or rejection of any Lease in a bankruptcy or other insolvency proceeding, and a]I proceeds from any rights and claims of any kind which Grantor may have against any lessee under the Leases or any occupants of the Property (all of the above are hereafter collectively referred to as the "Rents"). This assignment grants to Beneficiary the immediate and continuing right to collect and receive all Rents that may be received or contracted for under any existing or future Leases of the Property or any portion thereof, or otherwise, including the immediate, exclusive and continuing right to collect and receive all of the Rents and including those Rents coming due during any redemption period. Grantor warrants that it has made no previous assignment of the Rents or Leases except pursuant to a mortgage or deed of trust that the Beneficiary has agreed in writing is prior to this Deed of Trust, and will make no subsequent assignment without the prior written consent of Beneficiary. (b) Assi nment of Leases. Grantor hereby irrevocably and absolutely assigns to Beneficiary any and all of Grantor's present and future interests in all existing and future Leases of the Property, including subleases thereof and any and all extensions, renewals and replacements thereof. and all guaranties of lessees' performance under the Leases. After declaration of an Event of Default hereunder or under the Note or Loan Agreement; Grantor shall deliver possession of the original Leases and any guarantees thereof to the Beneficiary forthwith upon demand. This assignment shall be subject to the terms and conditions of any separate assignment of leases and/or rents, whenever executed, in favor of Beneficiary and covering the Property. (c) License to Collect Rents. Notwithstanding anything to the contrary contained herein or in the Loan Agreement and Note secured hereby, unless otherwise provided in any separate assignment of leases and/or rents, and so long as Grantor is not in default under the Loan Documents, the assignments set forth in subsections 21(a) and 21(b), above, are subject to a license Beneficiary hereby grants to Grantor to collect the Rents as they become due. Grantor shall use the Rents to pay, in order of priority, (1) debt service on loans secured by mortgages or deeds of trust with priority over this Deed of Trust; (2) normal operating expenses for the Property; (3) sums due and payments and deposits required under the Loan Documents and obligations secured by the Exceptions; and (4) other permissible expenditures under the Loan Documents. Grantor's right to collect the Rents shall not constitute Beneficiary's consent to the use of cash collateral in any bankruptcy proceeding. 22. Beneficiary's Right to Collect Rents. If Grantor is in default under the Loan Documents, Beneficiary or its agents, or a court -appointed receiver, may, upon reasonable notice to Grantor, collect the Rents. After giving such notice, Beneficiary or its agent, or such receiver, may (a) evict lessees for nonpayment of rent, (b) terminate in any lawful manner any tenancy or occupancy, (c) lease the Property in the name of the then owner on such terms as it may deem best, and (d) institute proceedings against any lessee for past due rent. The Rents received shall be applied to payment of the costs and expenses of collecting the Rents, including a reasonable fee to Beneficiary, a receiver or an agent; operating expenses for the Property; and any sums due or payments required under the Loan Documents and obligations secured by the Exceptions; in such order as Beneficiary, or its agent, or such receiver, may reasonably determine. Any excess shall be paid to Grantor; except that Beneficiary may withhold from any excess a reasonable amount to pay sums anticipated to become due that exceed the anticipated future Rents. Beneficiary's failure to collect or its discontinuing collection at any time shall not in any manner affect Deed of Trust - 10 the subsequent enforcement by Beneficiary, of its rights to collect the Rents. The collection of the Rents shall not cure or waive any default under the Loan Documents. In exercising its rights under this Section Beneficiary shall be liable only for the proper application of and accounting for the Rents collected by Beneficiary or its agents and for management of the Property after the assumption of such management duties by the Beneficiary. Any Rents paid to Beneficiary, its agent, or a receiver shall be credited against the amount due from the lessee under the Lease. In the event any lessee under a Lease becomes the subject of any proceeding under the Bankruptcy Code or any other federal, state or local statute that provides for the possible -termination or rejection of the Leases assigned hereby, Grantor covenants and agrees that, if any amounts are then payable to the Beneficiary under the Loan Documents, in the event any of the Leases are so rejected, no damages settlement shall be made without the prior written consent of Beneficiary; any check or instrument in payment of damages for rejection or termination of any such Lease will be made payable both to the Grantor and Beneficiary; and Grantor hereby assigns any such payment to Beneficiary and further covenants and agrees that upon request of Beneficiary, it will duly endorse to the order of Beneficiary any such check or instrument, the proceeds of which will be applied to any portion of the indebtedness secured hereunder in such manner as Beneficiary may elect. Nothing herein shall be construed to make Beneficiary a "mortgagee in possession" prior to its actual entry upon and taking possession of the Property. Entry and possession by a receiver shall not be attributed to Beneficiary. 23. Additional Secudiv Documents. Authorization of Filing by Beneficiary. Grantor shall within fifteen (15) days after request by Beneficiary execute and deliver any financing statement, renewal, affidavit, certificate, continuation statement, or other document Beneficiary may reasonably request in order to perfect, preserve, continue, extend, or maintain security interests or liens previously granted and the priority of the security interests or liens. Grantor irrevocably authorizes the Beneficiary and its successors and assigns, and their respective employees and agents. without notice or demand, to execute and file any financing statements. amendments, continuation statements or other documents that they may deem appropriate to perfect, give notice of, continue or protect the security interests granted hereunder, including without limitation amendments to include additional Collateral that is subject to the security agreement contained herein. Grantor further irrevocably authorizes Beneficiary and its successors and assigns, and their respective employees and agents, without notice or demand, to sign and file on behalf of Grantor any termination statement as to any financing statement of any other secured party naming Grantor as debtor at any time when Grantor has the right to file such a termination statement pursuant to the Uniform Commercial Code (Section 9-509 or other applicable provision), and to make demand of any other secured party on behalf of Grantor for a termination statement whenever Beneficiary or its successor or assign believes in good faith that Debtor is entitled to a termination statement under the Uniform Commercial Code (Section 9-513 or other applicable provision). Grantor shall pay all costs and expenses incurred by Beneficiary in connection with the preparation, execution, recording, filing, and re -filing of any document under this Section, and shall reimburse Beneficiary on demand for any such costs paid by Beneficiary, provided, in the case of a filing by the Beneficiary on behalf of Grantor. that Beneficiary shall have made a written request to Grantor to make such filing and Grantor shall have failed to provide Beneficiary evidence of such filing within fifteen days. 24. Construction Mortgage; Financing Statement. This Deed of Trust is given to secure an obligation incurred for the construction of improvements on the Property, or for the acquisition of the Property for purposes of constructing improvements. This Deed of Trust constitutes a construction mortgage for purposes of Article 9 of the Uniform Commercial Code of the State of Washington, as Deed of Trust - 1 I amended, and is entitled to all of the benefits afforded construction mortgages thereunder. This Deed of Trust shall also serve as a financing statement filed for record in the real estate records as a fixture filing pursuant to the Uniform Commercial Code. 25. Default - Remedies. Any Event of Default under the Loan Agreement, including without limitation failure to make the full amount of any payments when due on the Note, shall constitute a default hereunder, and Beneficiary shall not be required to provide Grantor the opportunity to cure any defaults except as specifically set forth in the Loan Agreement. Upon any Event of Default under the Loan Agreement, Beneficiary may, without notice or demand, declare all amounts owed under the Loan Documents immediately due and payable and/or exercise its rights and remedies under the Loan Documents and applicable law including foreclosure of this Deed of Trust judicially as a mortgage or non judicially by the Trustee pursuant to the power of sale and/or any remedies authorized under the Uniform Commercial Code. Upon the giving of such notice and the expiration of such time as required by law, the Trustee may sell the Property upon any terms and conditions specified by Beneficiary and permitted by applicable law. Beneficiary's exercise or failure to exercise any of its rights and remedies shall not constitute a waiver or cure of a default, nor shall any waiver of or failure to enforce any remedy upon any default constitute a waiver of any subsequent default. In the event the Loan Documents are refereed to an attorney for enforcement of Beneficiary's rights or remedies, whether or not a suit is filed or any proceedings are commenced, Grantor shall pay all Beneficiary's reasonable costs and expenses including Trustee's and attorneys' fees (including attorneys' fees for any appeal, bankruptcy proceeding or any other proceeding, and including a reasonable amount for services of counsel who are employees of Beneficiary), accountants' fees, appraisal and inspection fees and cost of a title guaranty. After an Event of Default during any construction of improvements on the Property, or related to the failure to complete improvements as required by Loan Documents, Beneficiary shall have the right, but not the obligation, acting directly or through any agent or designee, to enter upon the Property and take or cause to be taken any and all actions necessary or appropriate in Beneficiary's sole judgment to complete, wholly or in part, construction of the improvements, including but not limited to making changes in plans, specifications, work or materials and entering into, modifying or terminating any contractual arrangements, subject to the Beneficiary's right to discontinue any and all such actions at any time without liability. If Beneficiary elects to complete or cause the completion of any improvements Beneficiary shall not thereby assume any liability or obligation to Grantor or any other person for such completion or for the manner or quality of construction, and the Grantor expressly releases Beneficiary and its officers and agents from any such liability. The Grantor irrevocably appoints Beneficiary as its attorney in fact, with full power of substitution, to complete any improvements and to modify, terminate or enter into any contracts for such purpose, in the Grantor's name, or Beneficiary may elect to complete construction in its own name. In either event, all sums expended by Beneficiary in connection with the completion or attempted completion of the improvements shall be deemed to have been disbursed to Grantor under the Loan Agreement, and any such sums that cause the principal amount secured hereby to exceed the stated principal amount of the Note shall constitute an additional loan to Grantor, payable on demand, bearing interest at the rate of interest for amounts past due under the Note, and shall be secured hereby. After an Event of Default has been declared under the Loan Agreement and Beneficiary has given notice to Grantor of Beneficiary's election to complete construction, the Beneficiary shall have the exclusive right to exercise any and all rights of Grantor pursuant to any contracts or agreements with respect to the construction of the improvements and with respect to any related plans, specifications, studies, data, and drawings, without liability to Grantor for any such exercise. Deed of Trust - 12 26. Cumulative Remedies. All Beneficiary's and Trustee's rights and remedies specified in the Loan Documents are cumulative, not mutually exclusive and not in substitution for any rights or remedies available in law or equity. in order to obtain performance of Grantor's obligations under the Loan Documents, without waiving its rights in the Property or Collateral, Beneficiary may proceed against Grantor or may proceed against any other security or guaranty for the Note, in such order and manner as Beneficiary may elect. The commencement of proceedings to enforce a particular remedy shall not preclude the discontinuance of the proceedings and/or the commencement of proceedings to enforce a different remedy. 27. Sale of Property After Default: Multiple Deeds of Trust. In the event of a Trustee's sale under this Deed of Trust, the Property and Collateral may be sold, at the option of Beneficiary, as a whole or separately in one or more parcels in such order as Beneficiary shall elect. Any person, including Beneficiary, may purchase at any sale unless prohibited by applicable law. The Trustee may postpone any sale by public announcement at the time and place noticed for the sale or as otherwise allowed by law. Neither Trustee nor Beneficiary shall be required to marshal Grantor's assets. In the event of a Trustee's sale of all the Property and Collateral, Beneficiary hereby assigns its security interest in the personal property Collateral, to the extent that Beneficiary shall not have realized upon such security interest, to the Trustee, acting as Beneficiary's agent in disposition of such Collateral. Beneficiary may also realize on the personal property Collateral in accordance with the remedies available under the Uniform Commercial Code or at law. In the event of a foreclosure sale, Grantor and the holders of any subordinate liens or security interests waive any equitable, statutory or other right they may have to require marshaling of assets or foreclosure in the inverse order of alienation. If Beneficiary is also the beneficiary of one or more other deeds of trust on the Property, then Grantor and the holders of any subordinate liens or security interests agree (a) that Beneficiary, at its sole option, may cause the Property to be sold subject to the lien(s) of such other deed(s) of trust (regardless of the order of recording thereof and regardless of any other recourse or collateral that Beneficiary may have under for any indebtedness secured hereby or by such other deed(s) of trust), and (b) that Beneficiary may, at its sole option, cause the Property, and/or any personal property Collateral, to be sold at a single sale held under both this Deed of Trust and such other deed(s) of trust. 28. Appointment of Receiver. in the event of a default, Beneficiary shall be entitled after notice to Grantor as provided under appropriate court rules, and without bond, to the appointment of a receiver for the Property and Collateral. The receiver shall have, in addition to all the rights and powers customarily given to and exercised by a receiver, all the rights and powers granted to -Beneficiary by the Loan Documents. 29. F recl�osure_ of Lessee's Rights - Subordination. Beneficiary shall have the right, at its option, to foreclose this Deed of Trust subject to the rights of any lessees of the Property. Beneficiary's failure to foreclose against any lessee shall not be asserted as a claim against Beneficiary or as a defense against any claim by Beneficiary in any action or proceeding. Beneficiary at any time may subordinate this Deed of Trust to any or all of the Leases. Unless otherwise expressly stated in the instrument of subordination, Beneficiary shall retain its priority claim to any condemnation or insurance proceeds. 30. Reconvevance After Payment. Upon written request of Beneficiary stating that all obligations secured by this Deed of Trust have been paid, Trustee shall reconvey, without warranty, the Property then subject to the lien of this Deed of Trust. The grantee in the reconveyance may be described Deed of Trust - 13 as "the person or persons legally entitled thereto." Grantor shall pay any Trustee's fees, recording fees and any other tax, charge or fee on reconveyance. 31. Release of Parties or Collateral. Without affecting the obligations of any party under the Loan Documents and without affecting the lien of this Deed of Trust and Beneficiary's security interest in the Property and Collateral, Beneficiary and/or Trustee may, without notice (a) release Grantor and/or any other party now or hereafter liable for any sums due under the Loan Documents (including guarantors), (b) release all or any part of the Property or Collateral, (c) subordinate the lien of this Deed of Trust or Beneficiary's security interest in the Property or Collateral, (d) take and/or release any other security or guarantees for sums due under the Loan Documents, (e) grant an extension of time, (f) modify, waive, forbear, delay or fail to enforce any obligations owed under the Loan Documents, (g) sell or otherwise realize on any other security or guaranty prior to, contemporaneously with or subsequent to a sale of all or any part of the Property or Collateral, (h) make advances pursuant to the Loan Documents including advances in excess of the Note amount, (i) consent to the making of any map or plat of the Property, and 0) consent or cause the Trustee to consent to the grant of any easement or the creation of any restriction on the Property. Any subordinate lienholder agrees, by taking its interest subject to this Deed of Trust, that any such action may be taken without notice to or consent from the subordinate lienholder, without impairing the priority of this Deed of Trust. Grantor shall pay reasonable Trustee's, attorneys', title insurance or recording fees in connection with any such action requested by Grantor. 32. Nonwaiver of Terms and Conditions. Time is of the essence with respect to performance of the obligations due under the Loan Documents. Beneficiary's failure to require prompt enforcement of any required obligation shall not constitute a waiver of the obligation due or any subsequent required performance of the obligation. No term or condition of the Loan Documents may be waived, modified or amended except by a written agreement signed by Grantor and Beneficiary. Any waiver of any term or condition of the Loan Documents shall apply only to the time and occasion specified in the waiver and shall not constitute a waiver of the term or condition at any subsequent time or occasion. 33. Waivers by Grantor aiid Subordinate Parties. Without affecting any of Grantor's obligations under the Loan Documents, Grantor and any party who acquires a lien or interest subordinate to this Deed of Trust waives the following: (a) any right to require Beneficiary to proceed against any specific party liable for sums due under the Loan Documents or to proceed or exhaust any specific security for sums due under the Loan Documents; (b) diligence.. presentment, protest and notice of dishonor; (c) any defense arising out of Beneficiary entering into additional financing or other arrangements with any Grantor or any party liable for sums due under the Loan Documents and any action taken or omitted by Beneficiary in connection with any such financing or other arrangements or any pending financing or other arrangements; (d) any defense arising out of the absence, impairment, or loss of any reimbursement, contribution or subrogation or any other rights or remedies of Beneficiary against any Grantor or any other party liable for sums due under the Loan Documents or any Property or Collateral; and Deed of Trust - 14 (e) any obligation of Beneficiary to see to the proper use and application of any proceeds advanced pursuant to the Loan Documents. 34. high[ of Subro ag_tion. Beneficiary is subrogated to the rights, whether legal or equitable, of all beneficiaries, mortgagees, lien holders and owners directly or indirectly paid off or satisfied in whole or in part by any amounts advanced by Beneficiary under the Loan Documents, regardless of whether these parties assigned or released of record their rights or liens upon payment. 35. Use of Property; Pumose of Loan. The Property is not used principally, or at all, for agricultural purposes. The loan secured hereby is not made primarily, or at all, for personal, family, consumer or household purposes. 36. Multiple Grantors. If Grantor is comprised of more than one person or entity, then the term "Grantor" shall refer to all such persons or entities collectively and to each such person or entity individually, such that all obligations, covenants, warranties, requirements, restrictions, and other provisions of this Deed of Trust shall apply both collectively and individually. If Grantor is comprised of more than one person or entity, then subject to the non -recourse provisions of the Loan Documents, each of such persons or entities shall be jointly and severally liable for the indebtedness secured by this Deed of Trust, for the performance of Grantor's obligations under the Loan Documents, and for any default on the part of any one or more -of the persons or entities comprising Grantor except to the extent such person is a limited partner or member of Grantor. 37. Statement of Amount Qwy . Grantor upon request by Beneficiary will furnish a written statement duly acknowledged of the amount owing under the Loan Documents. 38. Maximum Interest Rate; Rate After Acceleration. If any payment made or to be made under the Loan Documents shall constitute a violation of the applicable usury laws, then the payment made or to be made shall be reduced so that in no event shall any obligor pay or Beneficiary receive an amount in excess of the maximum amount permitted by the applicable usury laws. If all amounts secured hereby shall be declared immediately due and payable after an Event of Default then all such amounts, including principal, interest,. and premium (if any) shall thereafter bear interest at 12% per annum or the highest rate then permitted by applicable law, whichever shall be less. 39. Evasion of Prepayment Premium. if the Note provides for a prepayment premium and if Grantor is in default, any tender of payment sufficient to satisfy all sums due under the Loan Documents made at any time prior to foreclosure sale shall be deemed a voluntary prepayment which constitutes an evasion of the prepayment terms of the Note. Any such payment, to the extent permitted by law, shall include the additional payment required under the prepayment provision in the Note. 40. Payment of New Taxes. If any federal, state or local law is passed subsequent to the date of this Deed of Trust which requires Beneficiary to pay any tax because of this Deed of Trust or the sums due under the Loan Documents, then Grantor shall pay to Beneficiary on demand any such taxes if it is lawful for Grantor to pay them. 41. Repairs During Redemption Period. In the event of a judicial foreclosure, the purchaser during any redemption period may make such repairs and alterations to the Property as may be reasonably necessary for the proper operation, care, preservation, protection and insuring of the Property. Deed of Trust - 15 Any sums so paid, together with interest from the date of the expenditure at the rate provided in the judgment, shall be added to the amount required to be paid for redemption of the Property. 42. Substitutiion of Trustee. Beneficiary may at any time discharge the Trustee and appoint a successor Trustee who shall have all of the powers of the original Trustee. 43. Rules of Construction. This Deed of Trust shall be construed so that, whenever applicable, the use of the singular shall include the plural, the use of the plural shall include the singular, and the use of any gender shall be applicable to all genders and shall include corporations, companies, partnerships and limited partnerships. Any capitalized terms not defined herein shall have the meanings set forth in the Loan Agreement unless the context otherwise clearly requires. 44. Notices. Any notice given by Grantor, Trustee or Beneficiary shall be in writing and shall be effective (1) on personal delivery to the party receiving the notice or (2) on the second business day after deposit in the United States mail, postage prepaid, addressed to the party at the address set forth in the preamble to this Deed of Trust (or such other address as a party may specify by written notice in accordance with this Section), or with respect to the Grantor, to the address at which Beneficiary customarily or last communicated with Grantor. Any notice to Grantor shall be effective if given in any other manner authorized by the Loan Agreement or by applicable law. Beneficiary shall provide copies of any notices of Grantor default to Grantor's investor limited partner, provided that Grantor has provided Beneficiary with the investor limited partner's name and mailing address, and provided that Beneficiary's failure to provide such notice shall not affect Beneficiary's rights and remedies herein or result in any liability of Beneficiary. 45. Successors and Assi tgg . This Deed of Trust shall be binding on Grantor and Grantor's heirs, executors, personal representatives, successors and assigns and shall inure to the benefit of Trustee and Beneficiary and their respective successor and assigns. The terms "Grantor," "Trustee" and "Beneficiary" include their successors and assigns. 46. Hazardous Substances. (a) For purposes of this Deed of Trust, the term "hazardous.or toxic waste or substances" means petroleum products, polychlorinated biphenyls, asbestos, lead, and any other chemical, substance or material classified or designated as hazardous, toxic or radioactive, or similar term, and -now or hereafter regulated under any applicable federal, state or local statute, regulation, ordinance or requirement, now or hereafter in effect, pertaining to environmental protection, contamination or cleanup. (b) Grantor shall comply, at Grantor's expense, with all statutes, regulations and ordinances which apply to Grantor or the Property, and with all orders, decrees or judgments of governmental authorities or courts having jurisdiction which Grantor is bound by, relating to the use, collection, storage, treatment, control, removal or cleanup of hazardous or toxic waste or substances in, on, under, over or about the Property or in, on under, over or about any adjacent property that becomes contaminated with hazardous or toxic waste or substances as a result of demolition, excavation, construction, rehabilitation, operations or other activities on or under, or the contamination of, the Property. Whether or not any court or agency shall have found any violation or ordered any remedial action, Beneficiary may, but is not obligated to, enter upon the Property to inspect it for compliance and Deed of Trust - 16 to take such actions and incur such costs and expenses to effect such compliance as it deems advisable to protect its interest as Beneficiary or to protect the public; and whether or not Grantor has actual knowledge of the existence of hazardous or toxic substances in, on, under, over or about the Property or any adjacent property as of the date hereof, Grantor shall reimburse Beneficiary on demand for the full amount of all costs and expenses incurred by Beneficiary (including without limitation consultants' and attorneys' fees and a reasonable allowance for the services of Beneficiary's employees and related overhead) prior to any transfer of the Property through foreclosure of this Deed of Trust or deed in lieu of foreclosure hereof, in connection with such compliance activities or in connection with any litigation or administrative proceeding regarding hazardous waste or materials on, under, or from the Property. (c) Grantor's obligations under this Section are unconditional and shall not be limited by a non -recourse clause or other limitation of liability provided for in this Deed of Trust or any other Loan Document. 47. Invalidity of Terms and Conditions. If any term or condition of this Deed of Trust is found to be invalid, the invalidity shall not affect any other term or condition of the Deed of Trust and the Deed of Trust shall be construed as if not containing the invalid term or condition. 48. Section Headings. The headings to the various sections have been inserted for convenience of reference only and shall not be used to construe this Deed of Trust. 49. Applicable Law. The rights, duties, liabilities and obligations of the parties under the Note and this Deed of Trust shall be construed and governed by and under the laws of the State of Washington. It is the intent of the parties that, to the fullest extent allowable by law, the laws of the State of Washington shall apply to the transaction of which this Deed of Trust is a part. 50. Reliance by Trustee. The Grantor hereby irrevocably authorizes the Trustee, upon presentation to it of an affidavit or declaration by Beneficiary or an officer of Beneficiary setting forth facts showing a default on the obligations secured by this Deed of Trust, to accept as true and conclusive all facts and statements therein and to act thereon hereunder. 51. Waiver of Statute of Limitations. To the full extent permitted' by applicable law, Grantor hereby irrevocably waives the right to assert any statute of limitations as a bar to the enforcement of the lien of this Deed of Trust or to any action brought to enforce any Loan Document. 52. Time. Time is of the essence of the terms of this Deed of Trust. 53. Non -Recourse Obligation. Any other provision herein notwithstanding, Grantor shall not have any personal liability for repayment of the Loan other than to have the Property and Collateral, and the rents, income and proceeds there from, applied to satisfy the amounts due under the Loan Documents; provided that Grantor shall be liable for damages or deficiencies (including costs and attorneys fees) resulting from fraud; waste; material misrepresentation; misappropriation of rents, reserves, insurance payments or condemnation proceeds; failure to maintain required insurance without advance notice to Beneficiary; breaches of covenants or warranties regarding hazardous or toxic waste or substances; and costs of compliance with laws, regulations and orders of environmental agencies regarding hazardous or toxic waste or substances; and provided further that nothing in this Section shall relieve Grantor of any obligation to Beneficiary pursuant to any indemnities contained in the Loan Deed of Trust - 17 Documents. No employee, officer, director, agent, contractor, trustee, or individual serving in a similar capacity for Grantor shall have any liability under this Deed of Trust. Grantor executes this Deed of Trust, Assignment of Rents, Security Agreement and Fixture Filing as of the day and year first above written. By: Multi -Service Center, a Washington nonprofit corporation c ' By: Name: Robin Corak Title: Chief Executive Officer CORPORATE ACKNOWLEDGMENT STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this ?k+— day of 2012, before me, the undersigned, a Notary Public in and for the State of ashington, duly commissioned and sworn, personally appeared Robin Corak, to me personally known (or proved on the basis of satisfactory evidence) to be the Chief Executive Officer of Multi -Service Center, the Washington nonprofit corporation that executed the within and foregoing instrument and acknowledged said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on oath stated that she was authorized to execute the said instrument. WITNESS my hand and seal hereto affixed the day and ear in this certificate above written. Date: la- to, 1'� ���,�aa�►u�►►►�+++' ��GAN,q ++y+ NOTA an `d_450? tifle State of Washington resi _= �! hM�ss�D►►►►���i�� G My commission expire : LO t - Nip y''f`% x to '9'4 PRINT NAME: ZIC Zr 16 Deed of Trust - 18 REQUEST FOR FULL RECONVEYANCE To be used only when all obligations have been paid under the Note and this Deed of Trust. TO: TRUSTEE The undersigned is the legal owner and holder of the Note and all other indebtedness secured by the within Deed of Trust. Said Note, together with all other indebtedness secured by said Deed of Trust, has been fully paid and satisfied: and you are hereby requested and directed, on payment to you of any sums owing to you under the terms of said Deed of Trust, to cancel said Note above mentioned and all other evidence of indebtedness secured by said Deed of Trust delivered to you herewith, together with the said Deed of Trust, and to reconvey, without warranty, to the parties designated by the terms of said Deed of Trust, all the estate now held by you thereunder. DATED: Mail reconveyance to Print name: Deed of Trust - 19 RECORDED AT THE REQUEST OF: AND AFTER RECORDING RETURN TO: Impact Capital 401 Second Avenue South Suite 301 Seattle WA 98104 Attention: Julie Alexander GRANTOR #1 (Subordinate Lender): GRANTOR #2 (Owner): GRANTEE (Senior Lender): 1111111111111111111111111111111111111 20121221001958 FIDELITY &MAJO SUB 82.00 KING COUNTY, WA SUBORDINATION AGREEMENT (Program Action No. 2012110) KING COUNTY MULTI -SERVICE CENTER, a Washington nonprofit corporation IMPACT CAPITAL, a Washington nonprofit corporation ABBREVIATED Lot 4, Block 2, Hall's Acre Tracts, Volume 20, Page 25; LEGAL DESCRIPTION: Complete Legal Description on Exhibit A ASSESSOR'S TAX 30402-0081; 304020-0079 PARCEL ID NOS.: REFERENCE NOS.: A 2a 1 QC710lS(.a (Impact Deed of Trust); ao 12 t2a 1 Cho lZ_ ._ (County Deed of Trust) Recorded at the request of FIDELITY NATIONALTME MAJORACCOUNTS ��,;��� Order# IZ_ k34o- `=" 1 $Z Impact Capital/King County/MSC Subordination Agreement 51261960.3 SUBORDINATION AGREEMENT NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY INTEREST IN THE PROPERTY BECOMING SUBJECT TO AND OF LOWER PRIORITY THAN THE LIEN OF SOME OTHER OR LATER SECURITY INSTRUMENT. The undersigned Subordinate Lender, Owner and Senior Lender agree as follows: 1. Senior Deed of Trust. IMPACT CAPITAL, a Washington nonprofit corporation ("Senior Lender"), is the owner and holder of a Deed of Trust of even date herewith, executed by MULTI -SERVICE CENTER, a Washington nonprofit corporation ("Owner") which is recorded under Auditor's File No. .aot--x-t;aLDp \ aSlbo _, records of King County, Washington (the "Senior Deed of Trust"), securing repayment of a loan from Senior Lender to Owner (the "Senior Loan") in the maximum principal amount of TWO HUNDRED SIXTY FIVE THOUSAND ONE HUNDRED TWENTY SEVEN DOLLARS ($265,127). The Senior Deed of Trust and the promissory note and other documents relating to the Senior Loan are sometimes hereinafter referred to collectively as the "Senior 'Loan Documents". 2. Subordinate Deed of Trust. KING COUNTY ("Subordinate Lender") is the owner and holder of a deed of trust datedDeo_.*yLg tanl ,which is recorded under Auditor's File No. C2 IRS , records of King County, Washington (the "Subordinate Deed of Trust"). 3. Owner and Pro e . Owner is the owner of all the real property described in the Senior Deed of Trust and the Subordinate Deed of Trust, which property is legally described on Exhibit A hereto (the "Pro a "). 4. Acknowledgement of Subordinate_ Nature. Subordinate Lender acknowledges that the Senior Deed of Trust is senior in priority to the Subordinate Deed of Trust. Subordinate Lender is also the beneficiary of a regulatory agreement (the "Re;aulatory Agreement") affecting the Property which will be recorded prior to the Senior and Subordinate Deeds of Trust. The Regulatory Agreement is, and will remain, prior to both the Senior and Subordinate Deeds of Trust. 5. Acknowledtments of Subordinate Lender. Subordinate Lender acknowledges that, prior to the execution thereof, it has had the opportunity to examine the terms of the Senior Deed of Trust and the Senior Loan Documents and consents to the same. Subordinate Lender further acknowledges that Senior Lender has no obligation to impact Capital/King County/MSC Subordination Agreement 51261960.3 Subordinate Lender to advance any funds under the Senior Deed of Trust or to see to the application of Senior Lender's loan funds, and any application or use of such funds for purposes other than those provided for in the Senior Deed of Trust or any of the other Senior Loan Documents shall not defeat the subordination herein made in whole or in part. It is understood by the parties hereto that Senior Lender would not make the Senior Loan without this Agreement. 6. Actions by Senior Lender; Subordinate Lender's Waivers. Senior Lender, without the consent of or notice to Subordinate Lender, may release any or all parties liable for any obligation secured by the Senior Loan Documents, and release any or all security for the obligations secured by the Senior Deed of Trust, all without affecting the subordination of the Subordinate Deed of Trust. Subordinate Lender waives any right to require marshaling of assets or to require Senior Lender to proceed against or exhaust any specific security for the obligations secured by the Senior Deed of Trust, and waives any defense arising out of the loss or impairment of any right of subrogation to the lien of the Senior Deed of Trust. 7. Notice and Cure Rights. Concurrently with the giving of notice by Senior Lender to Owner of the occurrence of any Event of Default on the part of Owner under the Senior Loan Documents, Senior Lender shall deliver a copy of such notice (each, a "Senior Default Notice") to Subordinate Lender, and provide Subordinate Lender the same opportunity to cure such default as is given to Owner under the Senior Loan documents. 8. Entire Agreement. This Agreement shall be the whole and only agreement between the parties hereto with regard to the subordination granted herein and shall supersede and cancel any prior agreements as to such subordination including, but not limited to, those provisions, if any, contained in the Subordinate Deed of Trust that provide for the subordination of the lien or charge thereof to any deed of trust to be thereafter executed. 9. Successors and Assigns. The heirs, administrators, assigns and successors in interest of the parties hereto shall be bound by this agreement. 10. Counterparts. This Agreement may be executed in counterparts. If this Agreement is executed without completion of the dates or recording numbers of any documents referred to herein, then the Senior Lender, or any title insurance company acting on instructions of the Senior Lender, may complete such information. 11. Governine Law; Attorneys Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. The prevailing 2 Impact Capital/King County/MSC Subordination Agreement $1261960.3 party shall be entitled to its reasonable attorneys fees and all other costs and expenses in any action to enforce or interpret this Agreement. 12. Notices. All notices required to be delivered hereunder shall be sent by certified mail, return receipt requested, recognized overnight courier service or personal delivery, and shall be deemed received three (3) days after the mailing date, if mailed, or when actually received or rejected by the intended recipient, if sent by other means. All notices to be sent to a party hereunder shall be sent to such party at the address(es) specified below, or at such other address(es) as such party shall specify from time to time by written notice in the manner aforesaid: If to Senior Lender: Impact Capital 401 Second Avenue S., Suite 301 Seattle, WA 98104 Attention: Director of Lending If to Subordinate Lender: King County Seattle, WA Attenfion: - [Signatures on the Following Page] Impact Capitaf/King County/MSC Subordination Agreement 51261960.3 ORAL AGREEMENTS_ OR ORAL COMMITMENTS TO LOAN MONEY EXTEND CREDIT OR FORBEAR FROM ENFORCING REPAYMENT OF A DEBT ARE NOT ENFORCEABLE UNDER WASHINGTON LAW DATED as of the _2b_ day of December, 2012. SUBORDINATE LENDER: KING COUNTY By: Name: Title: OWNER: MULTI -SERVICE CENTER, a Washington nonprofit corporation is �� i_r.. ■! � w11.4 e { SENIOR LENDER: IMPACT CAPITAL, a Washington nonprofit corporation By: _____ Name: Title: Impact Capital/King County/MSC Subordination Agreement 5126 060 3 ORAL AGREEMENTS OR ORAL COMMITMENTS TO LOAN MONEY EXTEND CREDIT OR FORBEAR FROM ENFORCING REPAYMENT OF A DEBT ARE NOT ENFORCEABLE UNDER WASHINGTON LAW DATED as of the _&a day of December, 2012. SUBORDINATE LENDER: KING COUNTY OWNER: By: Name: Title: MULTI -SERVICE CENTER, a Washington nonprofit corporation By: - Name: Title: SENIOR LENDER: IMPACT CAPITAL, a Washington nonprofit corporation Impact Capital/King County/MSC Subordination Agreement 512619603 ORAL AGREEMENTS OR ORAL COMMITMENTS TO LOAN MONEY EXTEND CREDIT OR FORBEAR FROM ENFORCING REPAYMENT OF A DEBT ARE NOT ENFORCEABLE UNDER WASHINGTON LAW DATED as of the :;�O day of December, 2012. SUBORDINATE LENDER: OWNER: SENIOR LENDER: Impact Capital/King County/MSC Subordination Agreement 51261960.2 KING COUNTY MULTI -SERVICE CENTER, a Washington nonprofit corporation By: Name: c a., v. i. Title: r s . IMPACT CAPITAL,.a W shfngton nonprofit corporation ' By: — Name: Title: STATE.OF WASHINGTON SS. COUNTY OF 'K On this — 4 day of December; 2012, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared,�Qn�,l�Y���s�--. to me known to be the person who signed as the uF!R &mv"jAaa296VKING COUNTY, the governmental entity that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said party for the uses and purposes therein mentioned, and on oath stated that such individual was authorized to execute said instrument. IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written. ,,�ttlttillll!l1����, G X E ND .4`S �s " E tp,'RY rf���l1►� OF Impact CapitaWing County/MSC Subordination Agreement 51261960.2 (Legibly Print or Stamp Name of Notary) Notary public in d for th State of Washington, residing at o 5 My appointment expires STATE OF WASHINGTON SS. COUNTY OF Y� � On this day of December, 2012, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appearedy,Z-i n Coekl _ , to me known to be the person who signed as the GE 0 of MULTI -SERVICE CENTER, a Washington nonprofit corporation and the corporation that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on oath stated that such individual was authorized to execute said instrument. IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written. (Signature of Tdotary) (Legibly Print or Stamp Name of Notary) Notary public in �dfor �theSt�ateof Washington,, residing at My appointment expires �tAtq Impact Capital/King County/MSC Subordination Agreement S 1261%0.J STATE OF WASHINGTON SS. COUNTY OF On this l day of December, 2012, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared JU dr7+-L! f�f &eat , to me known to be the person who signed as the EXeJC.� 7. 'Vf- rC-7"O ' of IMPACT CAPITAL, a Washington nonprofit corporation and the corporation that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on oath stated that such individual was authorized to execute said instrument. IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written. Notary public in and for the State of Washington, residing at ifs I My appointment expires Impact Capital/King County/MSC Subordination Agreement 51261960.3 EXHIBIT A Lep_al Description PARCEL A: THE WEST 100 FEET OF LOT 4, BLOCK 2, HALL'S ACRE TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 2- OF PLATS, PAGE 25, 1N KING COUNTY, WASHINGTON; EXCEPT THE WEST 20 FEET THEREOF FOR STATE HIGHWAY AND EXCEPT THAT PORTION THEREOF TO THE CITY OF FEDERAL WAY FOR ROAD PURPOSES BY SUPERIOR COURT CAUSE NUMBER 06-2-01388-3 KNT, RECORDED UNDER RECORDING NUMBER 20061025001096; AND ALSO EXCEPT THAT PORTION THEREOF DEEDED TO THE CITY OF FEDERAL WAY, A WASHINGTON MUNICIPAL CORPORATION, RECORDED OCTOBER 8, 2007, UNDER RECORDING NUMBER 20071008000058. PARCEL B: LOT 4, BLOCK 2 OF HALL'S ACRE TRACTS, AS PER PLAT RECORDED 1N VOLUME 20 OF PLATS, PAGE 25 RECORDS OF King COUNTY AUDITOR; EXCEPT THE WEST 100 FEET THEREOF AS MEASURED ALONG THE NORTH LINE; AND EXCEPT THE EAST 87 FEET THEREOF AS MEASURED ALONG THE NORTH LINE; TOGETHER WITH AN EASEMENT FOR INGRESS, EGRESS OVER THE NORTH 12 FEET OF THE WEST 100 FEET OF SAID LOT 4; EXCEPT THE WEST 20 FEET THEREOF CONVEYED TO THE STATE OF WASHINGTON FOR STATE HIGHWAY ALSO TOGETHER WITH AN EASEMENT FOR INGRESS AND EGRESS OVER THE NORTH 15 FEET OF THE WEST 87 FEET OF SAID LOT 4, BLOCK 2, SAID ADDITION. SITUATE IN THE CITY OF Federal Way, County of King, STATE OF WASHINGTON. EXHIBIT A 512619603 ' Ctp'NA1'r7al . _ r KNOW ALL MEN By THESE PRESENTS: Ref.#29045 For good and valuable consideration, receipt whereof is hereby acknowledged, the undersigned hereby grants a perpetual easement to Pacific Northwest Bell Telephone Compenv, a Nashinglon Corporation, its successors and assigns. with the right to place, construct, operate and maintain, inspect, reconstruct, repair, replace and keep clear BL►RISD _QAV_LI 'IiC Qb CABLES - - with wires, cables, fixtures and appurtenances attached thereto, as the grantee may from time to time require, upon. across, over and/or under the following described property situated in KM —county, stale of WAS f. _ 0- C\J ) The North ten (10) feet of Lot 4, Block 2, Halls Acre Tracts, west 100 feet less road, O as recorded in Volume 20, page 25 records of King County, Washington located in the CV No-t-hwest Quarter (NWh) Section 27, Toaanship 21 North, Range 4 E.W.M., King Cautty, N State of Washington. I In the event that Grantor's future development of this property require the reloca- tion of said buried cable, same shall be accomplished as lrcttually agreed upon between Granror and Grantee at the expense of the Grantee. Grantee shall at all tim:s have the right of full and free ingress to and egress from said property for all purposes herein mentioned and it, remove at any time, any or all of the BURIED COPOR ICATION CABLES and/or wires. cables fixtures and appurtenances from the said property, with the understanding that grantee shall be responsible for all damage caused to grantor by the exercise of the rights and privileges herein granted. The rights, conditions and provisions of this easement shall inure to the benefit of and be binding upon the heirs. executors. administrators. successors and assigns of the respective parties hereto In witness whereof the undersigned has executed this instrument this—zl y day ot! "U��• /�i3 Vilitn9tsS- By )e 74 ffndJYiduaTA0;nowled ament) • (Corpora!aAcknowledgement) STATE'nF_���C.��7.�� _ STATE OF ____._._.._.. COUNTY pF___-f { ___ COUNTY OF _. _-_..__-'_-•-----.— - 4 On this daysDemortally appeared before me �On this __ day of ..._ .. _ — -------- .19 {�k7T�rs.&.�l��gG0 A27"/33e4te me personally appeared ;�;Lt�rFflo Itfa kn SI ttT tr? h ivrdllamscriti in and who execyted Y y the wk tr and fomeorrtq instrument, and�rcknowledged that }iRC ttryned the some e5 ...._ L•! r�� tree ,qo tC me known IC be the Voluntary act rm1 deadlow the u%ef1 And punt+• us t"mrn .. ... ....-_... menticneci Given under my Aapd and oltrrral at this ___/_Cl . _.___ day of Irre corporation that eitecoled the foregoing instrument. and of ._. _----- �L �i ._ i i ack ..nwledgFd Said instrument to be the !ree and voluntary act and ^ � deed of said corporation. for the �:ses and purposes therein -��?'� mentioncd and an o:.th str_ted Thal . ___._..____.__—_was were Notary Public in iriL"r the State of . LtiClJwr7l fN � authcnzed to esecuie sa,d instrument residing al _._. �,Ci��=L = L_.� 4%__ __._��_ Ir. witness whereof 1 have he,eunlc ssi my hand and allized my official sea! -he day and year fast above wrillen, Notary Public in and for the State of ._... residing at ...-• ---_ —�.___ BTArE OF [CYNTY OF � • cn THIS DAY PERSONALLY APPFAAEp BE}ORf MJcef T• N•attsvn a marri-ed nan, as his can t ro est and ra."ad w, p7ata f.I an3 De�o2a Mattson• us wx e, %. & Steve Mattson & APlaorah 1, ksattsors■ hushend & wife. Each as a 1 3 undivided i! p, TO MR XC byWN'rO,PE THE IND{YIDUAL 5 pEACRIBEO IN Amp WHO EXECUTE SHE N[IT IN AND FOPEp QINL IM 6TR U. +! A:4nT�aAHQ ACKhOWLEOGED TMAT 5IGHED THE TAME AS _ � FREE AHD VOLUNTARY ACT AH�•..aCF+O.+FQ}[ TII£ USES AND PURF09E6 THEREIN MENY[OHEq.�[ J1 Z6i4EN 6j1DWR MY H�6ko AN OPPIC1AL 09AL TNyS pAY OF • "� �%Z� Ty�l�_ CD RP N NOTARY PUBLIC IN AND FOR THE STATE OF y-w,-N a 7,6,E 1�'�1----'•' RESIDING AT _ -- :91-4 Z- L Lr (11 � I Uj 0 72 LL �,U) 0 .Q t.iW u LLl f Y• w ! t~ z ++ i¢ 0 r � �O t Q 7 jiz I 1 rx 31919 1 'Ave S, S 1253.925.5750 (f) Affidavit of Publication Rudi Alcott, being first duly sworn on oath, deposes and says that he is the Publisher of The Federal Way Mirror, a weekly newspaper. That said newspaper is published in the English language continually as a weekly newspaper in Federal Way, King County, Washington, and is now and during all of said time has been printed in an office maintained by the aforementioned place of publication of said newspaper. That the annexed is a true copy of a legal advertisement placed by City of Federal Way- Economic Development as it was published in regular issues (and not in supplemental form) of said newspaper once each week for a period of one consecutive weeks(s), commencing on the 6th day of June 2014 , and ending on the 6th day of June 2014, both dates inclusive, and that such newspaper was regularly distributed to its readers during all of said period. That the full amount of the fee charged for the foregoing publication is the sum of 154.29, which amount has been paid in full, or billed at the legal rate according to RCW 65.16.020. Subscribed to and sworn before me this 16th day of June 2014. Notary Public in and for the State of Washington, Residing at Buckley A AIV,0 ' NOTARY _ PUBLIC Federal Way NOTICE OF MASTER LAND USE APPLICATION AND OPTIONAL DETERMINATION OF NONSfGNIFICANCE (DNS) Prayed NameFederal Way Veteran's Center Project Oescriplion: Construclion of a 45-Unit 5-story multifamily apartment complex, with partial underground parking, specifically designed for Vet- erans and Veteran Families. The existing vacant buildings will be demolished and replaced by a 52,000 square -feet building with temporary and permanent apartment unilS, enrichment service centers, communal spaces, and children's play ar- eas. Additional improvements include 4 surface parking stalls, underground stormwater detention ti roldential open space, children's play area, andaRCiated landscaping. June 6, 2014 [171 JOTICES Applicant: Roger Oakdale, Baylis Architects, 10801 Main Street, Bellevue, WA 98004 Project Location: 29404 Pacific Hwy South, Federal Way, WA 98003. APN 304020-0081 & 304020-0079 Date Application Received: May 13, 2014 Date De- termined Complete: May 29, 2014 Date of Notice of Application: June 6, 2014 Comment Due Date: June 23, 2014 Environmental Review: Based upon review of a completed environmental checklist and other infor- mation on file with the City, it is likely that the City of Federal Way will determine that the project will not have a probable significant adverse impact on the environment and expects to issue a Determina- tion of Nonsignificance (DNS) for this project. The optional DNS process in WAC 197-11-355 is being used. This may be your only opportunity to com- ment on the environmental impacts of the pro- posed project. The proposal may include mitiga- tion measures under applicable codes, and the re- view process may incorporate or require mitigation measures regardless of whether an environmental impact statement (EIS) is prepared. A copy of the subsequent threshold determination for the specif- ic proposal may be obtained upon request. Agencies, tribes, and the public are encouraged to review and comment on the proposed project and its probable environmental impacts. Comments must be submitted by the date noted above. Permits/Files Under Review: Use Process III (File #14-102203-UP), Concurrency (File #14-102206- CN), and State Environmental Policy Act Threshold Determination (File #14-102205-SE) Environmental Documents & Required Studies: En- vironmental Checklist and Preliminary Technical Information Report. Development Regulations Used for Project Mitiga- tion: Federal Way Revised Code Title 14, 'Environmental Policy;' Title 16 'Surface Water Management;' and Title 19 'Zoning and Develop- ment Code,' Public Comment & Appeals: Any person may sub- mit written comments regarding the land use ap- plication or the environmental impacts of the pro- posal to the Director of Community Development by 5:00 p.m. on June 23, 2014.Only persons who submit written comments to the Director (address below) or specifically request a copy of the deci- sion, may appeal the decision. However, any inter- ested party may appeal the environmental thresh- old determination. Issuance of Final Environmental Determination: The final DNS may be issued without a second comment period, unless timely comments identify probable significant adverse VW* that were not considered by the Notice of Optlmilil DNS. A copy of the DNS may be obtained upon request Availability of File: The official project file, existing environmental documents and required studies are available for public review at the Dep;Brtment of 'Community Development, 33325 Oth Avenue South, F@deral Way, WA 98003. Staff Contact: Becky Chapin — Associate Planner, 253-835-2641 Published in the Federal Way Mirror June 6, 2014 FWM 2141 10/20/2014 1 1:44:04 1 M- Q Q -® rn w � m I Q - C3 T x 0 L-%M7 ® --i C) O m m � rn K) o Q _ p LZi tj n 4�, 0 I -; n t r m ->a z T I X 104' - 2° 10' - 4° DRlYE A15LE i .« PACIFIC C r. f 5OUTH I CURES CUT ! i ti r f � - i t i z rn.` i i iE rn m C >_. !- � 1 r - 1' - @ { I z 1 as owns NOON go , m 4rt E yy -ry i t 5 i an r > as -- — — — —— __—_— — —— — —— — --- --® - ` Q rl �rn # t { rn - -p +31 ETA �_ tZt1 ? Z 2 1 i1 _ fil !! O t 1 ti A �:.. # # '{ # , M > 7►C < �) { { .Il -tom,., !_kt�tt`_ Z D Z ti { -► ' O . _ _ f I I ` 1 QD rn-Cr-c l t { i > } A i rn 4 . 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