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19-101121'k CITY OF . Federal Way Centered on Opportunity April 23, 2019 Mr. Christian LaRocco M J R Development 6725 116th Avenue NE, Suite 100 Kirkland, WA 98033 f;hris16siQnLirdev11onmg1lemit CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www. cit yoffederalway. com Jim Ferreff, Mayor FILE Re: File No. 19-101121-00-UP; PROCESS II "SITE PLAN APPROVAL" Falcon & Osprey Conference Room Additions, 33930 Weyerhaeuser Way South, Federal Way Dear Mr. Larocco: The City of Federal Way's Community Development Department has completed an administrative review of the proposed Falcon and Osprey Conference Room Building Additions and site improvements located at 33940 Weyerhaeuser Way South. The Process II land use application submitted on March 11, 2019, and subsequent resubmittals on April 9 and April 10, 2019, is hereby conditionally approved. The proposal meets site plan review criteria set forth in Federal Waap Revised Cade (FWRC) 19.60.050, as found in the enclosed Exhibit A - Findings for Process II Site Plan Approval and incorporated into this decision by reference. The remainder of this letter outlines the zoning and development review process required for this proposal and a summary of appeal procedures. REQUIRED REVIEW PROCESS The proposed improvements to the site are subject to Process II Site Plan Review as discussed in the Findings for Process II Approval. The proposal does not exceed the city -adopted flexible thresholds set forth in FVVRC 14.15.030(c), and therefore, is exempt from review under the State Envirommerrta Po igAct, CONDITION OF APPROVAL • In order to meet 20-foot minimum building setback for the proposed new buildings, a boundary line adjustment eliminating the interior common property line shall be recorded prior to the building permit approval. • The proposed stormwater vault shall be relocated outsidp- Tract B as presently shown on the site plan. In an April 10, 2019, email, the applicant's engineer has noted the relocation of the stormwater vault can be accommodated. The vault shall be in a location outside required landscape areas and outside Tracts A and B. Final vault location to be approved by the Public Works and Community Development Departments in the final engineering plans associated with the building permit. Mr. Christian LaRocco Page 2 of 2 April 23, 2019 APPROVAL DURATION Unless modified or appealed, the Process II 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 this' decision is April 26, 2019, or three days from the date of this letter. Pursuant to FWRC 19.60.080, any person who received notice of this administrative decision may appeal the decision to the Federal Way Hearing Examiner by May 10, 2019. Any appeal must be in the form of a letter delivered to the Department of Community Development with the established fee. The appeal letter must contain a clear reference to the matter being appealed and a statement of the alleged errors in the director's decision, including the identification of specific findings and conclusions made by the director disputed by the person filing. CLOSING This land use decision does not waive compliance with future City of Federal Way codes, policies, and standards relating to this development. This Process II approval does not constitute approval of a building permit or authorization to clear and grade the site. If you have any questions regarding this decision, please contact Senior Planner Jim Harris at 253-835-2652, or jim.harris@cityoffederalway.com. Sincerely, Brian Davis Community Development Director enc: Exhibit A "Findings for Process I1 Site Plan Review Approval" Approved Site Plan Sheets A-001 & A-002, 4-2-2019; Preliminary Elevations Sheets A201 — A203, 3-7-2019, by JPC Architects (copies of approved site plan sheets are not enclosed but identified herein for reference) c: Jim Harris, Senior Planner ICevin Peterson, Engineering Plans Reviewer Sarady Long, Senior Transportation Planning Engineer Greg Kirk Lawrence, Plans Examiner Chris Cahan, South King Fire & Rescue Brian Asbury, Lakehaven Water & Sewer District tnartux.xtnet' ic'kCritikrf'l .c� stir tI6 r1'!^ arclritcrN.cnm 19-101121-00-UP Doc I D. 79060 PUBLIC WORKS DEPARTMENT CITY OF 33325 8`h Avenue South Federal Way Federal Way Fax 98835-6325 2709 .� � 253-835-2700; Fax 253-835-2709 Centered ed on Opportunity w%► w.ciryo0- di .dwa • cola CA PA CITY RESERVE CERTIFICATE (CRC) This CONCURRENCY DETERMINATION is made this 2"d day ofApril 2019 by the City of Federal Way (COFW), a political subdivision of the State of Washington (hereinafter called the "City"). WHEREAS, the developer intends to develop the property described as I alcon &- QsPrey Conkience■ Rooms reviewed under City file CN Number(s)19-101122-CN (hereinafter called the "development"); and WHEREAS, RCW 36.70A requires that the City adopt and enforce ordinances which prohibit development approval if the development causes the level of service on,a transportation facility to decline below the standards adopted in the comprehensive plan, unless transportation improvements or strategies to accommodate the impacts of the development are made concurrent with the development; and WHEREAS, the City adopted its comprehensive plan in November 1995; and WHEREAS, Chapter 19 of the COFW Revised Code was amended by the creation of Chapter 19.90 Division. III on June 10, 2006.by Ordinance 06-525 effective January 1, 2007; and NOW, THEREFORE, a concurrency certificate is issued for the development of 2,321 Sl' General O ' Fc e based on the facts and conditions set forth herein. Development Parameters This CONCURRENCY DETERMINATION is based on the following development: Development type: General Office Development size: 2,321 SF Property address: 33930 + 33940 Weyerhaeuser Way S Federal Way, WA 98003 Parcel No. (s): 215466-0020 & 215466-0010 Number of New PM Peak Hour Vehicles Trips Generated: 3 Validity of Concurrency Determination This CAPACITY RESERVE CERTIFICATE is valid only for the specific development approval consistent with the development parameters and the City file number contained within this certificate. If the development is changed, expired, cancelled or withdrawn, it will be subjected to reevaluation for concurrency purposes. Terms of the Capacity Reserve Certificate This CAPACITY RESERVE CERTIFICATE is valid until the underlying development permit expires, is withdrawn or cancelled, whichever occurs first. Approved By: Date: (21 k%- Printed Name: Richard A. Perez. P.E Title: City Traffic Engineer CITY OF Federal Way Centered on Opportunity APPLICATION (NO(S): Project Name Property Address/Location Parcel Number(s) Project Description CITYWIDE CONCURRENCY TEST SUMMARY 19-101122-CN Falcon & Osprey Conference Rooms 33930 & 33940 Weyerhaeuser Way S 215466-0020 & 215466-0010 Public Works Department 33325 8th Avenue South Federal Wily WA 98003-6325 253-835-2700.tru 253-835-2609 www.61yoffedeialway.com Date: March 29, 2019 New separate 2,321 SF office building addition to the existing office complex Based on the traffic distribution, intersections impacted by at least one or more evening peak hour trips were analyzed For meeting concurrency LOS standards (v/c less than 1.2 for signalized and 1.0 for unsignalized) consistent with the City of Federal Way Transportation Concurrency Management code as described in FWRC 19.90. Table I below shows a summary of the LOS analysis for the study intersections with V/C ratio above 0.70 at the anticipated build -out year. Where a performance measure does not apply to the entire intersection, the table shows the measure for the worst movement of the intersection. For all other study intersections and detailed LOS calculation, please contact the Public Works Traffic Division. Note: An ehan ges to the deveiu anent pro-ect that recl uire additional rcviciv iv1111)c hiIled an an houriv hasis. Table 1: Concurrency Level of Service (LOS) Intersection 2019 Background Conditions. LOS Standard Met" 2019 With Project Conditions V/C LOS Standard Met? ID Zone 1North-South Street East-West Street V/C 3858 1 Wexerhaeuser WAS- 336 St yS ,______.._. ..-. - -- 0.99 ---• 3 w - 0-99 i k -- - ------ -� 4160 I .33 PIS We erhaeuser W S 0,79 _ Y 0.79 ------------- i Y ---- ______�....---..._.._._.....�.�.__��'_---_--___ 14460 t I Weyerhaeuser Wv S ; SRl B WB Ramps _._ _ 0.74 Y 0.74 `----•Y All intersections met the City of Federal Way LOS standards: I•u - fit:.(! I „ t ).d%% } c. Test Result: Passed: 246. Fail: If "Fail", identify intersections and possible mitigation: Concurrency Test performed by: Sarady Long Date Ycs L:\DEPT\PW\TRA\Concurrency\2019 CN Project\2019 CN TEMPLATE\Report\Falcon & .Osprey CN LOS Summary ill IN April 9, 2019 Jim Harris; Senior Planner City of Federal Way 33325 8th Avenue South Federal Way, WA 98003-6325 Re: The Nest Parking Requirements #18-105512-00-PC Preapplication Conference Summary JPC Project No.: 18-0462 Dear Jim: I am writing on behalf of MJR Development in response to your request of the parking counts for the East Campus Corporate Park Parcel 3. The parking data table is provided for the Process II Site as requested per the Preapplication Conference Summary (01.04.2019) item #7. Building Gross Square Footage Building/Lot Existing SF Proposed New SF Total Osprey 71,704 SF Al: 738 SF 72,442 SF Falcon 71.704 SF B1: 1,423 SF 73,287 SF B2: 160 SF Talon 55,850 SF Heron 55,850 SF Total: 255,108 SF 2,321 SF 257,429 SF Required Parking Existing Parking Count for all 4 buildings/lots: 1,047 stalls Required after new gross floor area expansion (based on 1 stall per 300 square feet gross floor area): 858 stalls Adequate parking is provided and complies with FWCC 22-826 requirement of one parking space per 300 square feet gross floor area. 425 641 9200 1 909 112th Ave NE Suite 206 Bellevue, WA 98004 I wwvvJpcarchitects com JPC ARCHITECTS Please contact me regarding any questions or concerns you may have. Julia Cygan - iuliac@iocarchitects.com or (425) 641-9200 Ext. 386 Sincerely, Julia Cygan JPC Architects cc: Christian LaRocco, MJR Development 425 641 9200 909 112th Ave NE Suite 206 Bellevue, WA 98004 www.jpcarchiteds.com -375-79, �a -o.W.A ,— -L�- I.E. — 372.73 CO- $.D. — — — — - -- — — I.E. = 375.51, $ O W.M. I. = 3fi9-74 2470 5-D 01I.E. = 375.42, 8"0 W.M. _ ._____�._____�_�_ vL (TRACT A) i ` r \ C.B. #7, TYPE 2—�4"0 4 T.G. i = 3�9.00 \ \ I.E. 37 .i2, S"0 I I.E. = 370.79, ;12 O I.E. = 359.79 24�4. [PARCEL NCB. 2 1 54GG00 10} C.B. #8379.O0 TYPE i r i I.E.; = 375.OQ r i It o a i EXISTING CONTROL STRUCTURE • IE OUTLET = ±372.50 [ 47 L.E.,'18" 0 "5.�. \ PROPERTY LINE (TYP) PROPOSED WATER ' QUALITY DEVICE CONNECT TO EXISTING - .� {TRACT 2 1546G} 18" HDPE OUTFALL `'R C -; _ �..,, . "'r. —� • Caw" �.� a=� ic: r - •. -.::, .p., 4 EXISTING OUTFACE w Y_ IE _ ±370.00 .t H RACK ill 20' N.T.5- MEMORANDUM CITY OF Federal Way DATE: April 2, 2019 TO: Jim Harris FROM: Kevin Peterson SUBJECT: FALCON & OSPREY BUILDINGS - (19-101121-00-UP) 33930 WEYERHAEUSER WAY S Public Works Department Development Services has reviewed the materials submitted. Prior to Land Use approval, the following comments shall be addressed: 1) Provide separate plan and profile, and detail sheets, for the new water quality treatment system; 2) The plans currently show the reflecting pools around Building Al draining into the storm drainage system. Due to the possibility that the reflecting pools may contain chemicals to reduce algae growth and/or other materials that are not allowed to discharge into a storm water system, this -drain will need to be connected into the sanitary sewer system (if allowed by Lakehaven). 3) The plans show the reconstruction of the pond (and new water quality treatment facility) outfall pipe within the WSDOT's SR 18 right of way (ROW). It's recommended by City Public Works Department staff to re-evaluate the need to do any construction within WSDOT's ROW, since WSDOT will need to review and approve their own permit for that construction. Any WSDOT permits would have to be obtained before the City approves any of the Nest Building Permits. CITY OF FEDERAL WAY COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW COMMITTEE TRANSMITTAL DATE: March 19, 2019 TO: Cole Elliott, Development Services Manager Greg Kirk, Plans Examiner Rick Perez, City Traffic Engineer Brian Asbury, Lakehaven Water & Sewer District Chris Cahan, South King Fire & Rescue FROM: Jim Harris FOR DRC MTG. ON: DATE - March 28, 2019 Completeness and Tech Review FILE NUMBER(s): 19-101121-00-UP RELATED FILE NOS.: None PROJECT NAME: FALCON & OSPREY BUILDINGS ADDITIONS PROJECT ADDRESS: 33930 WEYERHAEUSER WAY S ZONING DISTRICT: OP-2 PROJECT DESCRIPTION: Add (3) small conference rooms totaling 2,321 square feet adjacent to and between existing buildings. LAND USE PERMITS: PROJECT CONTACT: CHRISTIAN LAROCCO M J R DEVELOPMENT MATERIALS SUBMITTED: Prel Architectural plan set Prel Civil Set Project Narrative TIR Site Pictures Title Report Stewart title ALTA OWNER'S POLICY OF TITLE INSURANCE ISSUED BY STEWART TITLE GUARANTY COMPANY Any notice of claim and any other notice or statement in writing required to be given to the Company under this Policy must be given to the Company at the address shown in Section 18 of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS, STEWART TITLE GUARANTY COMPANY, a Texas corporation, (the "Company") insures, as of Date of Policy and, to the extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of: 1. Title being vested other than as stated in Schedule A. 2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from (a) A defect in the Title caused by (1) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation; (ii) failure of any person or Entity to have authorized a transfer or conveyance; (iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or delivered; (iv) failure to perform those acts necessary to create a document by electronic means authorized by law; (v) a document executed under a falsified, expired, or otherwise invalid power of attorney; (vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic means authorized by law; or (vii) a defective judicial or administrative proceeding. (b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid. (c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. The term "encroachment" includes encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land. 3. Unmarketable Title. 4. No right of access to and from the Land. 5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (a) the occupancy, use, or enjoyment of the Land; (b) the character, dimensions, or location of any improvement erected on the Land; (c) the subdivision of land; or (d) environmental protection if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to the extent of the violation or enforcement referred to in that notice. 6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice. 7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records. 8. Any taking by a govemmentaI body that has accurred and is binding on the rights of a purchaser for value without Knowledge. Countersigned by: r� GUA Auttorized Countersignvre- Matt Morris Stewart Title Guaranty Company �, ► xP5 �� President and CEO Commercial Services (Seattle) *** 1420 Fifth Avenue Suite 440 Seattle, WA 98101 Agent ID: 47HO18 Denise C rraux Secretary For coverage information or assistance resolving a complaint. call (800) 729-1902 or visit www.stewart.com. To make a claim, furnish written notice in accordance with Section 3 of the Conditions. For purposes of this form the "Stewart Title" logo featured above is the represented logo for the underwriter, Stewart Title Guaranty Company. RE DEIVEC Copyright 2006-2009 American Land Title Association. All rights reserved. AMERICAN � The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. { I +%tF p i i i e All other uses are prohibited. Reprinted under license from the American Land Title Association. MAR 2019 File No. 18000070589 ALTA Owner's Policy 06-17-06 C'� OF FEDERAL WAIFP COMMUNITY {?E11EI.QPME Page 1 of 4 of Policy Serial No.: 0-9301-004491930 COVERED RISKS (Continued) 9. Title being vested other than as stated In Schedule Aor being defective (a) as a result of the avoidance in whole or in part. or from a court order providing an alternative remedy, of a transfer of all or any part of the title to or any interest in the Land occurring prior to tha transaction vesting Title as shown in Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state Insolvency, or similar creditors' rights laws; or (b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws by reason of the failure of its recording in the Public Records (i) to be timely; or (ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor. 10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured against by this Policy, but only to the extent provided in the Conditions. EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, orrelating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental 4. regulations, This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6, 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 5- 3. Defcros, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; CONDITIONS DEFINITION OF TERMS The following terms when used in this policy mean: (a) "Amount of Insurance': The amount stated in Schedule A, as may be increased or decreased by endorsement to this policy, increased by Section 8(b), or decreased by Sections 10 and 11 of these Conditions. (b) "Date of Policy": The date designated as "Date of Policy" in Schedule A. (c) "Entity": A corporation, partnership, trust, limited liability company, or other similar legal entity. (d) "Insured": The Insured named in Schedule A. (i) the term "Insured" also includes (A) successors to the Title of the Insured by operation of law as distinguished from purchase, including heirs, devisees, survivors, personal representatives, or next of kin; (B) successors to an Insured by dissolution, merger, consolidation, distribution, or reorganization; (C) successors to an Insured by its conversion to another kind of Entity; (D) a grantee of an Insured under a deed delivered without payment of actual valuable consideration conveying the Title (1) if the stock, shares, memberships, or other equity interests of the grantee are wholly -owned by the named Insured. (2) if the grantee wholly owns the named Insured. (3) if the grantee is wholly -owned by an affiliated Entity of the named Insured, provided the affiliated Entity and the named Insured are both wholly -owned by the same person or Entity, or (4) if the grantee is a trustee or beneficiary of a trust created by a written instrument established by the (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10): or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. Insured named in Schedule A for estate planning purposes. (ii) with regard to (A). (B), (C), and (D) reserving, however, all rights and defenses as to any successor that the Company would have had against any predecessor insured. (e) "Insured Claimant": An Insured claiming loss or damage. (f) "Knowledge" or "Known": Actual knowledge, not constructive knowledge or notice that may be imputed to an Insured by reason of the Public Records or any other records that impart constructive notice of matters affecting the Title. (g) "Land": The land described in Schedule A, and affixed improvements that by law constitute real property. The term "Land" does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is insured by this policy. (h) "Mortgage": Mortgage, deed of trust, trust deed, or other security instrument, including one evidenced by electronic means authorized by law. (i) "Public Records": Records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. With respect to Covered Risk 5(d). "Public Records" shall also include environmental protection liens filed in the records of the clerk of the United States District Court for the district where the Land is located. Q) "Title': The estate or interest described in Schedule A. (k) "Unmarketable Title": Title affected by an alleged or apparent matter that would permit a prospective purchaser or lessee of the Title or lender on the Title to be released from the obligation to purchase, lease, or lend if there is a contractual condition requiring the delivery of marketable title. Copyright 2006-2009 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. 18000070589 ALTA Owner's Policy 06-17-06 Page 2 of 4 of Policy Serial No.: 0-9301-004491930 AMrRT IANU 1ITII A%WL IA r NIN CONDITIONS (Continued) 2. CONTINUATION OF INSURANCE The coverage of this policy shall continue in force as of Date of Policy in favor of an Insured, but only so long as the Insured retains an estate or interest in the Land, or holds an obligation secured by a purchase money Mortgage given by a purchaser from the Insured, or only so long as the Insured shall have liability by reason of warranties in any transfer or conveyance of the Title, This policy shall not continue in force in favor of any purchaser from the Insured of either (i) an estate or interest in the Land, or (ii) an obligation secured by a purchase money Mortgage given to the Insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT The Insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 5(a) of these Conditions, (ii) in case Knowledge shall come to an Insured hereunder of any claim of title or interest that is adverse to the Title, as insured, and that might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if the Title, as insured, is rejected as Unmarketable Title. If the Company is prejudiced by the failure of the Insured Claimant to provide prompt notice, the Company's liability to the Insured Claimant under the policy shall be reduced to the extent of the prejudice. 4. PROOF OF LOSS In the event the Company is unable to determine the amount of loss or damage, the Company may, at its option, require as a condition of payment that the Insured Claimant furnish a signed proof of loss. The proof of loss must describe the defect, lien, encumbrance, or other matter insured against by this policy that constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. 5. DEFENSE AND PROSECUTION OF ACTIONS (a) Upon written request by the insured, and subject to the options contained in Section 7 of these Conditions, the Company, at its own cost and without unreasonable delay, shall provide for the defense of an Insured in litigation in which any third party asserts a claim covered by this policy adverse to the Insured. This obligation is limited to only those stated causes of action alleging matters insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of the Insured to object for reasonable cause) to represent the Insured as to those stated causes of action. It shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs, or expenses incurred by the Insured in the defense of those causes of action that allege matters not insured against by this policy. (b) The Company shall have the right, in addition to the options contained in Section 7 of these Conditions, at its own cost, to institute and prosecute any action or proceeding or to do any other act that in its opinion may be necessary or desirable to establish the Title, as insured, or to prevent or reduce loss or damage to the Insurer. The Cornpany may take any appropriate aclicr+ under the terms of this policy, whether or not it shall be liable to the Insured. The exercise of these rights shall not be an admission of liability or waiver of any provision of this policy. If the Company exercises its rights under this subsection, it must do so diligently. (c) Whenever the Company brings an action or asserts a defense as required or permitted by this policy, the Company may pursue the litigation to a final determination by a court of competent jurisdiction. and it expressly reserves the right, in its sole discretion, to appeal any adverse judgment or order. 6. DUTY OF INSURED CLAIMANT TO COOPERATE (a) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding and any appeals, the Insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, including the right to use, at its option, the name of the Insured for this purpose. Whenever requested by the Company, the Insured, at the Company's expense, shall give the Company all reasonable aid ()) in securing evidence. obtaining Witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act that in the opinion of the Company may be necessary or desirable to establish the Title or any other matter as insured. If the Company is prejudiced by the failure of the Insured to furnish the required cooperation, the Company's obligations to the Insured under the policy shall terminate, including any liability of obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requ€ring such cooperation, (b) The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized representative of the Company and to produce for examination, inspection, and copying, at such reasonable times and places as may be designated by the authorized representative of the Company, all records, In whatever medium maintained, including books, ledgers, checks, memoranda, correspondence, reports, a -mails, disks, tapes, and videos whether bearing a date before or after Date of Policy, that reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Insured Claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect, and copy all of these records in the custody or control of a third party that reasonably pertain to the loss or damage. All information designated as confidential by the Insured Claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Insured Claimant to submit for examination under oath, produce any reasonably requested information, or grant permission to secure reasonably necessary information from third parties as required in this subsection, unless prohibited by law or governmental regulation, shall terrnnate any liability of the Company under this poiicy as to that claim. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY In case of a claim under this policy, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Insurance. To pay or tender payment of the Amount of Insurance under this policy together with any costs, attomeys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment or tender of payment and that the Company is obligated to pay. Upon the exercise by the Company of this option, all liability and obligations of the Company to the Insured under this policy, other than to make the payment required In this subsection, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. (b) To Pay or Otherwise Settle With Parties Other Than the Insured or With the Insured Claimant. (i) to pay or otherwise settle with other parties for or in the name of an Insured Claimant any claim insured against under this policy. In addition, the Company will pay any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay; or (ii) to pay or otherwise settle with the Insured Claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in subsections (b)(i) or (ii), the Company's obligations to the insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, Including any liability or obligation to defend, prosecute, or continue any litigation. Copyright 2006-2009 American Land Title Association. All rights reserved. ,Mz The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. r,,Nn >>Ti i All other uses are prohibited. Reprinted under license from the American Land Title Association. %W. MOON File No. 18000070589 ALTA Owner's Policy 06-17-06 Page 3 of 4 of Policy Serial No.: 0-9301-004491930 CONDITIONS (Continued) 8. DETERMINATION AND EXTENT OF LIABILITY This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the Insured Claimant who has suffered loss or damage by reason of matters insured against by this policy. (a) The extent of liability of the Company for loss or damage under this policy shall not exceed the lesser of (i) the Amount of Insurance; or (ii) the difference between the value of the Title as insured and the value of the Title subject to the risk insured against by this policy. (b) If the Company pursues its rights under Section 5 of these Conditions and is unsuccessful in establishing the Title, as insured, (i) the Amount of Insurance shall be increased by 10%, and (ii) the Insured Claimant shall have the right to have the loss or damage determined either as of the date the claim was made by the Insured Claimant or as of the date it is settled and paid. (c) In addition to the extent of liability under (a) and (b), the Company will also pay those costs, attorneys' fees, and expenses incurred in accordance with Sections 5 and 7 of these Conditions. 9. LIMITATION OF LIABILITY (a) If the Company establishes the Title, or removes the alleged defect, lien, or encumbrance, or cures the lack of a right of access to or from the Land, or cures the claim of Unmarketable Title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused to the Insured. (b) In the event of any litigation, including Iltlgation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals, adverse to the Title, as insured. (c) The Company shall not be liable for loss or damage to the Insured for liability voluntarily assumed by the Insured in settling any claim or suit without the prior written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY All payments under this policy, except payments made for costs, attorneys' fees, and expenses, shall reduce the Amount of Insurance by the amount of the payment. 11. LIABILITY NONCUMULATIVE The Amount of Insurance shall be reduced by any amount the Company pays under any policy insuring a Mortgage to which exception is taken in Schedule B or to which the Insured has agreed, assumed, or taken subject, or which is executed by an Insured after Date of Policy and which is a charge or lien on the Title, and the amount so paid shall be deemed a payment to the Insured under this policy. 12. PAYMENT OF LOSS When liability and the extent of loss or damage have been definitely fixed in accordance with these Conditions, the payment shall be made within 30 days. 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT (a) Whenever the Company shall have settled and paid a claim under this policy, it shall be subrogated and entitled to the rights of the Insured Claimant in the Title and all other rights and remedies in respect to the cialm that the Insured Claimant has against any person or property, to the extent of the amount of any loss, costs, attorneys' fees, and expenses paid by the Company. If requested by the Company, the Insured Claimant shall execute documents to evidence the transfer to the Company of these rights and remedies. The Insured Claimant shall permit the Company to sue, compromise, or settle in the name of the Insured Claimant and to use the name of the Insured Claimant in any transaction or litigation involving these rights and remedies. If a payment on account of a claim does not fully cover the loss of the Insured Claimant, the Company shall defer the exercise of its right to recover until after the Insured Claimant shall have recovered its loss. (b) The Company's right of subrogation includes the rights of the Insured to indemnities, guaranties, other policies of insurance, or bonds, notwithstanding any terms or conditions contained in those instruments that address subrogation rights. 14. ARBITRATION Either the Company or the Insured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Title Association ("Rules"). Except as provided in the Rules, there shall be no joinder or consolidation with claims or controversies of other persons. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Insured arising out of or relating to this policy, any service in connection with its issuance or the breach of a policy provision, or to any other controversy or claim arising out of the transaction giving rise to this policy. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured. All arbitrable matters when the Amount of Insurance is in excess of $2,000,000 shall be arbitrated only when agreed to by both the Company and the Insured. Arbitration pursuant to this policy and under the Rules shall be binding upon the parties. Judgment upon the award rendered by the Arbitrators) may be entered in any court of competent jurisdiction. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT (a) This policy together with all endorsements, if any, attached to it by the Company is the entire policy and contract between the Insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage that arises out of the status of the Title or by any action asserting such claim shall be restricted to this policy. (c) Any amendment of or endorsement to this policy must be in writing and authenticated by an authorized person, or expressly Incorporated by Schedule A of this policy. (d) Each endorsement to this policy issued at any time is made a part of this policy and is subject to all of its terms and provisions. Except as the endorsement expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsement, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. 16. SEVERABILITY In the event any provision of this policy, in whole or in part, is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision or such part held to be invalid, but all other provisions shall remain in full force and effect. 17. CHOICE OF LAW; FORUM (a) Choice of Law: The Insured acknowledges the Company has underwritten the risks covered by this policy and determined the premium charged therefor in reliance upon the law affecting interests in real property and applicable to the interpretation, rights, remedies, or enforcement of policies of title insurance of the jurisdiction where the Land is located. Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity of claims against the Title that are adverse to the Insured and to interpret and enforce the terms of this policy. In neither case shall the court or arbitrator apply its conflicts of law principles to determine the applicable law. (b) Choice of Forum: Any litigation or other proceeding brought by the Insured against the Company must be filed only in a state or federal court within the United States of America or its territories having appropriate jurisdiction. 18. NOTICES, WHERE SENT Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy must be given to the Company at Claims Department at P.O. Box 2029, Houston, TX 77252-2029. Copyright 2006-2009 American Land Title Association. All rights reserved. AME The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. LAND .IrTi i All other uses are prohibited. Reprinted under license from the American Land Title Association. """"^""" File No. 18000070589 ALTA Owner's Policy 06-17-06 Page 4 of 4 of Policy Serial No.: 0-9301-004491930 ALTA OWNER'S POLICY (6/17/06) SCHEDULE A Name and Address of Title Insurance Company: File No.: 18000070589 Stewart Title Guaranty Company P.O. Box 2029, Houston, TX 77252 Policy No.: 0-9301-004491930 Address Reference: 33930 Weyerhaeuser Way South, Federal Way, WA 98001 and 33940 Weyerhaeuser Way South, Federal Way, WA 98001 (For Company Reference Purposes Only) Amount of Insurance: $10,500,000.00 Date of Policy: July 18, 2018 at 2:47 p.m. 1. Name of Insured: DM Ventures Falcon LLC, a Washington limited liability company 2. The estate or interest in the Land that is insured by this policy is: Fee Simple Estate as to Parcel A and Easements only as to Parcels B and C 3. Title is vested in: DM Ventures Falcon LLC, a Washington limited liability company 4. The Land referred to in this policy is described as follows: SEE EXHIBIT "A" ATTACHED HERETO Premium: $10,121.00 Copyright 2006.2009 American Land Title Association. All rights reserved. Amr The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. urn 14T1r All other uses are prohibited. Reprinted under license from the American Land Title Association. """'A'""' File No. 18000070589 Page 1 of 2 t STG ALTA Owner's Policy Sch A COM ,-Iranry cQ 'may ALTA OWNER'S POLICY (6/17/06) EXHIBIT "A" LEGAL DESCRIPTION Parcel A: Lots 1 and 2 of East Campus Corporate Park Parcel 3 Binding Site Plan, recorded March 20, 2000 under Recording Number 20000320001458 in Volume 193 of Plats a es 70 through 74, inclusive, records of King County, Washington. Parcel B: An Access Easement as described in and disclosed by Agreement recorded November 19, 2002, under Recording Number 20021119003369, records of King County, Washington. Parcel C: A Reciprocal Easement for purposes of ingress, egress, access, landscaping, parking and signage, which is more particularly described in document entitled Declaration of Covenants, Conditions, Easements and Restrictions applicable to Quadrant East Campus Corporate Park Parcel 3, as recorded under Recording Number 20000317001901, and all amendments thereto. All situate in the County of King, State of Washington. Copyright 2006-2009 American Land Title Association. All rights reserved. �Me The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. etif:n ii�i i All other uses are prohibited Reprinted under license from the American Land Title Association. a�ai� uini. File No. 18000070589 Page 2 of 2 5tewc-rt STG ALTA Owner's Policy Sch A COM ALTA OWNER'S POLICY (6/17/06) SCHEDULE B File No.: 18000070589 Policy No.: 0-9301-004491930 EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of: 1. Deleted 2. General taxes: Second half delinquent November 1: (due and payable but not delinquent) Year: 2018 Amount Billed: $123,701.72 Amount Paid: $ 61,850.86 Amount Due: $ 61,850.86, plus interest and penalty if delinquent Tax Account No.: 215466-0010-09 Levy Code: 1205 Land: $1,630,800.00 Improvements: $7,103,900.00 Affects: Lot 1 General taxes: Second half delinquent November 1: (due and payable but not delinquent) Year: 2018 Amount Billed: $123,517.91 Amount Paid: $ 61,758.96 Amount Due: $ 61,758.95, plus interest and penalty if delinquent Tax Account No.: 215466-0020-07 Levy Code: 1205 Land: $1,447,900.00 Improvements: $7,256,800.00 Affects: Lot 2 4. Deleted 5. Deleted 6. Deleted 7. Deleted 8. Right or claims of parties in possession not shown by the public records. 9. Deleted 10. Deleted 11. Deleted Copyright 2006-2009 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. AnreuGri LANO 71t11 All other uses are prohibited. Reprinted under license from the American Land Title Association File No. 18000070589 Page 1 of 4 STEWART TITLE STG ALTA Owner's Policy Sch B OPE GUARANTY COMPANY ALTA OWNER'S POLICY (6/17/06) SCHEDULE B 12. City of Federal Way Development Ordinance No. 94-219, and the terms and conditions thereof: Recorded: October 26, 1994 Recording No.: 9410260933 (Includes other property) 13. City of Federal Way License to Enter and the terms and conditions thereof: Recorded: October 28, 1998 Recording No.: 9610282068 (Includes other property) 14. Lakehaven Utility District Joint Water and Sewer Services Agreement, and the terms and conditions thereof: Recorded: December 22, 1999 Recording No.: 19991222001524 (Includes other property) The above agreement was partially released as to Lot 2 by instrument under Recording Number 20040412000619. 15. Easement and the terms and conditions thereof: Grantee: Lakehaven Utility District Purpose: Sewer facilities and appurtenances thereto Affects: Portions of Lots 1 and 2 as delineated thereon Recorded: March 1, 2000 Recording No.: 20000301001566 16. Easement and the terms and conditions thereof: Grantee: Lakehaven Utility District Purpose: Water facilities and appurtenances thereto Affects: Portions of Lots 1 and 2 as delineated thereon Recorded: March 1, 2000 Recording No.: 20000301001567 17. Covenants, conditions, restrictions, easements and/or assessments, if any, in declaration of restrictions, and any amendments thereto: Recorded: March 17, 2000 Recording No.: 20000317001901 (Includes other property) Amendment/Modification and the terms and conditions thereof: Recorded: October 17, 2007 Recording No.: 20071017001168 18. Easement and the terms and conditions thereof: Grantee: Puget Sound Energy, Inc. Purpose: Utility systems for gas, electricity, communications systems, and appurtenances Affects: - Portions of Lots 1 and 2 as delineated thereon Recorded: March 2, 2000 Recording No.: 200003020006 17 Copyright 2006-2009 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. 18000070589 STG ALTA Owner's Policy Sch B OPE Page 2 of 4 STEWART TITLE GUARANTY COMPANY a VEIIICAN IAVrI 71i1S RINK Nf WV ALTA OWNER'S POLICY (6/17/06) SCHEDULE B 19. City of Federal Way Declaration of Storm Water and Surface Water Drainage Easements, Access thereto, and Covenants, and the terms and conditions thereof: Recorded: March 20, 2000 Recording No.: 20000320001106 (Includes other property) 20. Restrictions, easements, dedications, and delineated matters contained on the face of the Plat of East Campus Corporate Park Parcel 3 Binding Site Plan as recorded in Volume 193 of Plats. Page(s) 7 -74, inclusive, and any amendments thereto. 21. Notice of Waiver under Federal Way City Code Section 19-46, (traffic impact fees) and the terms and conditions thereof: Between: City of Federal Way and The Quadrant Corporation Recorded: March 21, 2000 Recording No.: 20000321001498 (Includes other property) 22. City of Federal Way License to Enter and the terms and conditions thereof: Recorded: April 20, 2000 Recording No.: 20000420000974 (Affects: Lot 2) 23. Access Easement Agreement and the terms and conditions thereof: Recorded: November 19, 2002 Recording No.: 20021119003369 (Affects: Lots 1-4) 24. Easement and the terms and conditions thereof: Grantee: Lakehaven Utility District Purpose: Sewer facilities and appurtenances thereto Affects: Portion of Lots 2 and 4, as delineated thereon Recorded: December 12, 2002 Recording No.: 20021212002936 25. Easement and the terms and conditions thereof: Grantee: Lakehaven Utility District Purpose: Water facilities and appurtenances thereto Affects: Portion of Lots 2 and 3, and other property, as delineated thereon Recorded: December 12, 2002 Recording No.: 20021212002937 26. Deleted 27. Deleted Copyright 2006-2009 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. 18000070589 STG ALTA Owner's Policy Sch B OPE Page 3 of 4 STEWART TITLE GUARANTY COMPANY ALTA OWNER'S POLICY (6/17/06) SCHEDULE B 28. (i) Unpatented mining claims; (ii) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (iii) water rights, claims or title to water; whether or not the matters described (i), (ii) & (iii) are shown in the public records; (iv) Indian tribal codes or regulations, Indian treaty or aboriginal rights, including easements or equitable servitudes. End of Exceptions Copyright 2006-2009 American Land Title Association. All rights reserved. el11 u� The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use 1 W unnn I All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 4 of 4 STEWART TITLE File No. 18000070589 STG ALTA Owner's Policy Sch B OPE GUARANTY COMPANY Y!' Stewart titre ALTA ENDORSEMENT 3.1-06 (ZONING — COMPLETED STRUCTURE) ATTACHED TO POLICY NUMBER 0-9301-004491930 ISSUED BY STEWART TITLE GUARANTY COMPANY File No.: 18000070589 Charge: $1,168.00 1. The Company insures against loss or damage sustained by the Insured in the event that, at Date of Policy, a. according to applicable zoning ordinances and amendments, the Land is not classified Zone OP-1, Office Park 1 and OP-2, Office Park 2; b. the following use or uses are not allowed under that classification: Office Building c. There shall be no liability under paragraph 1.b. if the use or uses are not allowed as the result of any lack of compliance with any conditions, restrictions, or requirements contained in the zoning ordinances and amendments, including but not limited to the failure to secure necessary consents or authorizations as a prerequisite to the use or uses. This paragraph 1.c. does not modify or limit the coverage provided in Covered Risk 5. 2. The Company further insures against loss or damage sustained by the Insured by reason of a final decree of a court of competent jurisdiction either prohibiting the use of the Land, with any existing structure, as specified in paragraph 1.b. or requiring the removal or alteration of the structure, because, at Date of Policy, the zoning ordinances and amendments have been violated with respect to any of the following matters: a. Area, width, or depth of the Land as a building site for the structure b. Floor space area of the structure c. Setback of the structure from the property lines of the Land d. Height of the structure, or e. Number of parking spaces. 3. There shall be no liability under this endorsement based on: a. the invalidity of the zoning ordinances and amendments until after a final decree of a court of competent jurisdiction adjudicating the invalidity, the effect of which is to prohibit the use or uses; b. the refusal of any person to purchase, lease or lend money on the Title covered by this policy. This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements. Date: July 18, 2018 Countersigned by: -L Auftdwd easriWnOgum +.~ G��OR4F S. 1908 Matt Morris President CEO TEAS and Stewart Title Guaranty Company Z� , Commercial Services (Seattle) 1420 Fifth Avenue Suite 440 Seattle, WA 98101 Agent ID: 47HO18 Denise C rraux Secretary For purposes of this form the "Stewart Title" logo featured above is the represented logo for the underwriter, Stewart Title Guaranty Company. Endorsement E-9316-066116957 Serial No. Copyright 2006-2009 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. 18000070589 / Policy Number: 0-9301-004491930 ALTA Endorsement 3.1-06 (Zoning — Completed Structure) (6/17/06) Revised 10/22/09 O Page 1 of 1 Stewart titre ALTA ENDORSEMENT 22-06 (LOCATION) ATTACHED TO POLICY NUMBER 0-9301-004491930 ISSUED BY STEWART TITLE GUARANTY COMPANY File No.: 18000070589 Charge: $0.00 The Company insures against loss or damage sustained by the Insured by reason of the failure of those commercial office buildings known as 33930 Weyerhaeuser Way South, Federal Way, WA 98001 and 33940 Weyerhaeuser Way South, Federal Way, WA 98001, to be located on the Land at Date of Policy. This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements. Date: July 18, 2018 Countersigned by: rGoUA O Matt Morris arized Countersign ure ��pYORq�� dr 1908 b President and CEO 3 s, raxAS �� Stewart Title Guaranty Company * *„ Commercial Services (Seattle) 1420 Fifth Avenue Suite 440 Seattle, WA 98101 Agent ID: 47HO18 Denise C rraux Secretary For purposes of this form the "Stewart Title" logo featured above is the represented logo for the underwriter, Stewart Title Guaranty Company. Endorsement E-9370-385740098 Serial No. Copyright 2006-2009 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. 18000070589 / Policy Number: 0-9301-004491930 ALTA Endorsement 22-06 (Location) (6/17/06) Page 1 of 1 mr�c rr`c �ewaf rf u� -title ORDER ORDER NO.. 18000070589 This sketch is provided without charge for information. It is not intunded to slow all matters rulated to the ,property, including, but trot limited to area, dimension s, encroachments, locations orboundaries. It is not a pml.. of rtor.does it rnodiiy the coxxnnita��eXat ��" l�c�licay tc3 ��vl�ich it is attached. The Company ass=es NO liability [.or any matter related to this sketch. Reference should be made to an accurate survuy fbr further information. h: � IV f 1 Co ..}+ Exu3 s' - I -at 4 rfr f7'r C} e.t.a+ ..� • E�"' ti ?••� r�r - VIM W r, f• ,i•';4, i r [ram Y Tr B Lot 3 Eer :'.-1FF 15:9U7E � MOB El(33'_+ e�� 42.5' j • 6 - nUSL ;;� 1. I2 a-50 R tiprk r ' 2au "- • _.w ' r., irsa•a:•sN zu-sy•sx ti 7;� '�� 3 � S•"A ��o-6S. 36 �'.!r Si.� � 75. 3' iG.•i3 1 :,�rf � '7•`"�a „ 4Y i• u!F-vEoea . Al Tr G y ti" r r fr • �. .... 1� h'k 3.6k PC i ••- w ti •; ' ya rf;.lp 4I^. .1, f e'Ey59f tiT• ion 2 Q l CO I VIA S Al o• , T ' 47 � Yrf �.4� r Lot CL I � ��jr� 14"✓' � � @3 s? •�� Sys" y... 4.16 AG ; • � � � �+ fit' ` �' S y� oil 10 s,.7a r yi n I 'YrFC.• wF.r-"r',E� 1! s ' r � d '7}�••f yk Tr A f r•rf J.......... .. ---------------- -- y y 1-------------------- �VVl •� �ar•+ � j , �7 7 vm— — ms Opp 17 4W go I m r f 41k Fed40o. ':ttt=P eral Way DEPARTMENT OF COMMUNITY DEVELOPMENT 33325 8ch Avenue South Federal Way, WA 98003 253-835-2607;Fax 253-835-2609 w%x-w.c i tyo ffede ralway. co m 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 b. city staff and will be inte ated into the site plan and/or building permit review process. Section and f Performance Standard Functional Area Performance Standard Strategy ■ Applicable during Site Plan Review e Applicable during Building Permit Review Section 1.0 Natural Surveillance 1.1 Blind Corners Avoid blind corners in pathways rand parking lots. bpi A -r(ar 0A Pathways should be direct. All barriers along pathways should be permeable (see through) including landscaping, fencing etc. ■ Low ue'l Consider the tlistallation of mirrors to allow users to see ahead of them and around corners. e Other trategy used: V.jr�a S a n Evaluation for Agency Use Only _ ❑Revise _ ❑NA Comments 1.2 Site and Building Layout _ ❑C.ont Allow natural observation from the street to the use, from the _ RE VE® use to the str et, and between uses _ ❑NA Sec 571C Av LU e Comments: MAR 11 2019 �'t7 In < i WAY Bulletin ##022 —January 1, 2011 Page 1 of 9 kMando OPME Section and ✓ Functional Area Evaluation for Performance Performance Standard Agency Use Only Standard Strategy N Applicable during Site Plan Review e Applicable during Building Permit Review Orient the main entrance towards the street or both streets on For Non -Single corners. ■ Family Development Position habitable rooms with windows at the front of the dwelling. ■ Access to dwellings or other uses above commercial/ retail development should not be from the rear of the building. ■ Offset windows, doorways and balconies to allow for natural observation while protecting privacy. ■ 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. ■ ❑ In industrial developments, administration/offices should be located at the front of the building. ■ Avoid large expanses of parking. Where large expanses of For Surface parking are proposed, provide surveillance such as security Parking and cameras. ■ Parking Structures Access to elevators, stairwells and pedestrian pathways should be clearly visible from an adjacent parking area. ■ M /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/ocations 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 f] Bulletin #022 — January 1, 2011 Page 2 of 9 k:\Handouts\CPTED Checklist Section and V Functional Area Evaluation for Performance Performance Standard Agency Use Only Standard Strategy 0 Applicable during Site Plan Review e Applicable during Building Permit Review 1.3 Common/Open Space Areas and Public On -Site Open _ ❑Cor Space _ ❑Revise Provide natural surveillance for common/open space areas. _ ❑NA Comments: 1.4 1.5 Position active uses or habitable rooms with windows adjacent ❑ to main common/open space areas, e.g. playgrounds, swimming pools, etc., and public on -site open space. ■ Design and locate dumpster enclosures in a manner which ❑ screens refuse containers but avoids providing opportunities to hide. ■ Locate waiting areas and external entries to elevators/stairwells c ose to areas n acttVe uses tam a em vtst a om e building entry. e ❑ Locate seating in areas of active uses. e n Other strategy used: Entrances Provide entries that are clearly visible. _Revise _ ❑NA Comments: ❑ Design entrances to allow users to see into them before entering. i Entrances should be clearly identified (Signs must conform to ❑ FWRC 19.140.060. Exempt Signs. (Applicable during Cenificate of Occupancy Inspection . Other strategy used: Fencing 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 Performance Performance Standard 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 ❑ open elements to allow visibility above the height of five feet. e If noise insulation is required, install double -glazing at the ❑ front of the building rather than solid fences higher than five feet. e Evaluation for Agency Use Only Other strategy used: El 1.6 Landscaping ❑Cor Avoid landscaping which obstructs natural surveillance and _ ❑Revise allows intruders to hide. _ ❑NA Comments: ❑ 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. t Other strategy used: 1.7 Exterior Lighting ❑Got 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 ❑ 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 Performance Standard Functional Area Performance Standard Strategy t 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 In areas used by pedestrians, ensure that lighting shines on ....,,Je.,F..:..., ...,4,,.—... -A --;Ma an"mnmPnt Cnaf`PC 4:21 Place lighting to take into account vegetation, in its current and ❑ mature form, as well as any other element that may have the potential for blocking light. e 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 ❑ Select and light "safe routes" so that these become the focus of legitimate pedestrian activity after dark. 1 ❑ 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 J Other strategy used: Evaluation for Agency Use Only 1.8 Mix of Uses — L_J'-cl 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 Evaluation for Performance Performance Standard Agency Use Only Standard Strategy E 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, ❑ 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. ■ Other strategy: used 1.9 Security Bars, Shutters, and Doors _ ❑Cot 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 Other strategy used: Section and ✓ Functional Area Evaluation for Performance Performance Standard Agency Use Only Standard Strategy ■ Applicable during Site Plan Review 8 Applicable during Building Permit Review Section 2.0 Access Control 2.1 Building Identification ❑Cod 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. 8 Bulletin #022 — January 1, 2011 Page 6 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 In residential uses, each individual unit should be clearly numbered. In multiple building complexes, each building entry ❑ should clearly state the unit numbers accessed from than entry. In addition, unit numbers should be provided on each level or floor. e Street numbers should be made of durable materials, preferably reflective or luminous, and unobstructed (e.g. by foliage). e For larger projects, provide location maps (fixed plaque format) and directional signage at public entry points and along internal public routes of travel. e E* S� m Evaluation for Agency Use Only 2.2 Entrances ❑Cor Avoid confusion in locating building entrances. ❑Revise _ DNA 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. 0—Revise _ RNA Comments: ❑ Consider using thorny plants as an effective barrier. e Other strategy used: 2.4 Landscaping Location _ ❑Conf Avoid placement of vegetation that would enable access to a ❑Revise building or to neighboring buildings. DNA 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 ❑Conf 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 Occupancy Inspection). Other strategy used: 2.6 Signage _ ❑Conf Insure that signage is clearly visible, easy to read and simple _ ❑Revise to understand [Signs must conform to FWRC 19.140.060. _ ❑NA Exempt 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-6 ❑ Advise users of security measures that are in place and where to find them, i.e. security phone or intercom system. e ❑ 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 ❑ Where exits are closed after hours, ensure this information is indicated at the parking area entrance. e Other strategy used: Section 3.0 Ownership 3.1 Maintenance _ ❑Conf Create a "cared for" image ❑Revise _ ❑NA Comments: Ensure- t~at-la-ndscapirig-is-welt-maimained, as per-FWR ❑ 19.125.090, in order to give an impression of ownership, care, and security. (Ongoing). Where possible, design multi -unit residential uses such that no ❑ more than six to eight units share a common building entrance. ■ Other strategy used: 3.2 Materials ❑Conf Use materials, which reduce the opportunity for vandalism. _ ❑Revise _ ❑NA Comments: Consider using strong, wear resistant laminate, impervious glazed ceramics, treated masonry products, stainless steel ❑ materials, anti -graffiti paints, and clear over sprays to reduce opportunities for vandalism. Avoid flat or porous finishes in 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. e Common area and/or street furniture shall be made of long ❑ wearing vandal resistant materials and secured by sturdy anchor points, or removed after hours. e Other strategy used: Bulletin #022 — January 1, 2011 Page 9 of 9 k:\Handouts\CPTED Checklist 44k MASTER LAND USE APPLICATION RECEIVED DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES �w V 1 ■ 33325 8`h Avenue South CITY OF 40'::tSPFederal Way, WA 98003-6325 Federal Wa MAR 1 f 2019 253-835-2607; Fax 253-835-2609 \k-%emu .CitVC)ffedcraiwa��.con3 CITY Q� Fi~DEFlA1 WAY COMMUN[ Y DEVELOPMENT APPLICATION NO(S) _ / r, of I 1-4 op Date — I 1 _ Project Name f _149 AI O S0 Ce Property Address/Location Wo Parcel Number(s) 5� 1 5_ _ 0 + — 00?_ 0 L. Project Description __3 —Cafe_ $/� ► iUVl� f.t s PLEASE PRINT Type of Permit Required Annexation Binding Site Plan Boundary Line Adjustment Comp Plan/Rezone Lan,', Surface Modification Lot Line Elimination Pr plicatiou Conference oCess I (Director's Approval) Process II (Site Plan Review) Process III (Project Approval) Process IV (Hearing Examiner's Decision) Process V (Quasi -Judicial Rezone) Process VI SEPA w/Project SEPA Only Shoreline: Variance/Conditional Use _ Short Subdivision Subdivision Variance: Commercial/Residential Required Information OP Zoning Designation 0,fa i' Comprehensive Plan Designation Value of Existing Improvements Value of Proposed Improvements International Building Code (IBC): ,Occupancy Type Construction Type Applicant L---, k o rt o C,kd-t -S+1 &% - Name: r'1 Ift (� vim, 10 P W l L- Address: City/State: S e,- O viK P r hA -r.o Zip: Phone: Fax.: Email: Signature: Agent (if different than Applicant) Name: Address: City/State: Zip: Phone: Fax: Email: Signature: Owner Name: /'u K Dare, / tyvAt Address: Cd�2 4 Ave t "'F • tdD City/State: �!�!� Zip: q$o 33 Phone: 2 0 i0 a SS. 0 T-Vp Fax: Email: mpi ' Chr i5�ra/1 .qjrdeuetc)p^4/J Signature: / ,9 Bulletin #003 — January 1, 201 1 Page I of I k:\Handouts\Master Land Use Application