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18-100790When Recorded Mail To: CITY OF FEDERAL WAY CONFORMED MEI Copy 33325 8THAVE S FEDERAL WAY, WA 98003-6325 w Q ATTN: Kevin Peterson, Public Works Department 20180424000481 LOT LINE ELIMINATION Rec: $152.00 412412018 11:14 AM KING COUNTY, WA LOT LINE ELINIINATION AND RESTRICTIVE COVENANT Property Owner: GENESIS KC DEVELOPMENT, LLC, a Delaware limited liability company Property A Legal Description (abbreviated): Lot K, East Campus Corp. Park, according to the plat thereof recorded in Vol 191 of Plats, Pages 39-45, in King County, WA Complete Legal Description indicated below. Property B Legal Description (abbreviated): Lot L, East Campus Corp. Park, according to the plat thereof recorded in Vol 191 of Plats, Pages 39-45, in King County, WA Complete Legal Description indicated below Assessor's Tax Parcel ID#(s): 215465-0110, 215465-0120 A. The undersigned party(s) is the owner(s) ("Property Owner") of certain real properties located in Federal Way, Washington, and legally described as follows: Property "A" Lot K of East Campus Corporate Park, Parcel 1 Binding Site Plan, according to the plat thereof recorded in Volume 191 of Plats, Pages 39-45, inclusive, in King County, Washington Property "B" Lot L of East Campus Corporate Park, Parcel I Binding Site Plan, according to the plat thereof recorded in Volume 191 of Plats, Pages 39-45, inclusive, in King County, Washington ("Properties") B. All structures (if any) on the. Properties and all distances from all structures to Property lines are set forth in the drawing attached as Exhibit A and incorporated by reference; and C. Section 58.17.040(6) of the Revised Code of Washington allows the adjustment and alteration of lot lines between contiguous properties; NOW, THEREFORE, the Property Owner, in consideration of the mutual benefits to the foregoing Properties, agrees as follows: 1. Elimination of Lot Line. The Properties shall be combined to become one (1) lot, the common lot line(s) of the Properties shall be eliminated as set forth in Exhibit B, and the combined lot shall be legally described as follows: Lot K together with Lot L of East Campus Corporate Park, Parcel 1 Binding Site Plan, according to the plat thereof recorded in Volume 191 of Plats, Pages 3 9-45, inclusive, in King County, Washington 2. Restrictive Covenant. Upon recordation of this Lot Line Elimination and upon any subsequent improvement to the Properties, the Property Owner acknowledges that the Properties are no longer separate Iots and accordingly, cannot be individually assigned, transferred or conveyed to any party or entity, unless in compliance with all applicable federal, state and local laws, regulations, codes and rules, including, without limitation, all subdivision requirements. This Lot Line Elimination shall not eliminate, remove or impact in any manner any easements, encroachments or other restrictions of records. 3. BindingEffect. This Lot Line Elimination and Restrictive Covenant shall run with the land, touch and concern the land, and be binding upon and inure to the benefit of the Property Owner's successors in interest, heirs and assigns. DATED this I -day of 1 I 20 `� signature page follows MarwSalloum, PE Public Works Director PROPE hyt (Signat 4� (Print Name) GENESIS KC DEVELOPMENT, LLC 6245 S Victor Ave Tulsa, OK, 74136 (918) 810-3700 STATE OF -p,) ) ss. COUNTY OF On this day personally appeared before me-6 ik . j�i cl � L , to me known to be the 4 of ci iL� `iled� t_c_ L that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said limited liability company, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument. GIVEN my hand and official seal this Rev. 4/16 -1-t+•. day of ++41� I 201r. r f�✓r..+�_ �� he �7r�5.4.��1 (typed/pt'inted name of notary) Notary Public in and for the State f Washington. 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DaVita, Inc. 2000 16th Street Denver, CO 80202 Amy M. DeCoGbus Assistant General Counsel — Real Estate April 18, 2018 Kevin Peterson Engineering Plans Reviewer City of Federal Way 33325 8th Ave S Federal Way, WA 98003 RE: City of Federal Way Permit No. 18-100790-00-SU Lot Line Elimination Dear Kevin: Please note that Genesis KC Development, LLC, a Delaware limited liability company ("Genesis"). Genesis is a wholly owned subsidiary of DaVita Inc., a publically traded corporation ("DaVita"). Per DaVita's corporate signature policy, directors of real estate in our organization are authorized to execute development related documents. This letter shall serve as DaVita's notice that Arthur Richey is a senior director of real estate and as such has authority to sign permitting applications and related documents on behalf of Genesis. Please do not hesitate to contact me should you have any questions or need additional information. Sincerely, DocuSigned by* AIff T 'MColibus Cc via email: Marshall Stewman Arthur Richey 2000 16th Street, Denver, CO 80202 1 P (303) 876-2914 1 F (303) 876-0963 1 DaVita.com Certificate Of Completion Envelope Id: 364FE2CB1959455D9FAB1FA6A483C249 Subject: Please DocuSign: Federal Way WA - Authorization Letter (Richey).docx Source Envelope: Document Pages: 1 Signatures: 1 Certificate Pages: 1 Initials: 0 AutoNav: Enabled Envelopeld Stamping: Enabled Time Zone: (UTC-07:00) Mountain Time (US & Canada) Record Tracking Status: Original 4/18/2018 2:09:42 PM Signer Events Amy DeColibus amy.decolibus@davita.com Assistant General Counsel DaVita Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Editor Delivery Events Agent Delivery Events Intermediary Delivery Events Certified Delivery Events Carbon Copy Events Notary Events Envelope Summary Events Envelope Sent Certified Delivered Signing Complete Completed Payment Events Holder: Stacey Ziegelbauer Stacey.Ziegelbauer@davita.com Signature tTo 5�gnnf by' a7aALPfiW W ietl7. Using IP Address: 104.129.192.74 Signature Status Status Status Status Status Signature Status Hashed/Encrypted Security Checked Security Checked Security Checked Status Docu�-i'; SECURED Status: Completed Envelope Originator: Stacey Ziegelbauer 2000 16th Street Denver, CO 80202 Stacey.Ziegelbauer@davita.com IP Address: 104.129.192.187 Location: DocuSign Timestamp Sent: 4/18/2018 2:11:09 PM Viewed: 4/18/2018 2:21:55 PM Signed: 4/18/2018 2:21:59 PM Timestamp Timestamp Timestamp Timestamp Timestamp Timestamp Timestamp Timestamps 4/18/2018 2:11:09 PM 4/18/2018 2:21:55 PM 4/18/2018 2:21:59 PM 4/18/2018 2:21:59 PM Timestamps CITY OF ti. Federal Way March 15, 2018 Arthur Richey 6245 S Victor Ave Tulsa, OK 74136 RE: Permit #18-100790-00-SU; DaVita Building Lot Line Elimination Dear Mr. Richey: CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www. cityoffederalway.. com Jim Ferrell, Mayor The Public Works Department is in receipt of your Lot Line Elimination (LLE) application submitted to the City on February 21, 2018. The applicant proposes to eliminate a boundary line between two (2) existing tax parcels prior to the development of a new office building on the site. Pursuant to Federal Way Revised Code (FWRC) 18.15.050(1)(a), the City is required to notify the applicant within 28 days and determine whether all information and documentation required for a complete application has been submitted. COMPLETE APPLICATION Please consider this correspondence as a Letter of Complete Application. The application is deemed complete as of March 15, 2018, based on a review of your submittal relative to those requirements as set out in FWRC 18.15.030. The submittal requirements are not intended to determine if an application conforms to the City of Federal Way codes; they are used only to determine if all required materials have been submitted. TECHNICAL COMMENTS The following comments will need to be addressed prior to preliminary approval of your application: LLE DRAWINGS 1. North is required to be oriented to the top of each page; 2. Provide parcel numbers on the `Original' lots page. CLOSING Once the revisions listed above are made, please provide two paper copies of the LLE documents, with the enclosed resubmittal form, to the City's Permit Center. Pursuant to FWRC 18.05.080, if an applicant fails to provide additional information to the City within 180 days of being notified that such information is requested, the application shall be deemed null and void and the City shall have no duty to process, review, or issue any decisions with respect to such an application. Please contact me at 253-835-2734 or by e-mail at kevin.peterson0citvoffederalway.com if you have questions regarding this letter or your application. Sincerely, � .M .,,CL,� — Kevin Peterson Engineering Plans Reviewer cc: Eric LaBrie, ESM Consulting Engineers LLC, 33400 8th Avenue South, Suite 205, Federal Way, WA 98003 Stacey Welsh, Senior Planner Project file (KP) Day file \\CFWFILEI \Applications\CSDC\PROD\docs\save\150293_77442 15132034.DOC DEPARTMENT OF COMMUNITY DEVELOPMENT 33325 8'h Avenue South CITY OF ti Federal Way, WA 98003-6325 253-835-2607; Fax 253-835-2609 FederalWay www.6ryoffedera1way.corn RESUBMITTAL INFORMATION This completed form MUST accompany all resubmittals. "Pleasenote Additional or revised plans or documents for an active project will not be accepted unless accompanied by this completed form. Mailed resubmittals that do not include this form or that do not contain the correct number of copies will be returned or discarded. You are encouraged to submit all items in person and to contact the Permit Counter prior to submitting if you are not sure about the number of copies required. ** ANY CHANGES TO DRAWINGS MUST BE CLOUDED. Project Number: - Project Name: Project Address: Project Contact: RESUBMITTED ITEMS: # of Copies !` Phone: Detailed Description of Item ** Always submit the same number of copies as required for your initial application." Resubmittal Requested by: (staff member) Letter Dated: / OFFICE USE OK Y RESUB #.• Distribution Date. DePVDiv---F Name 1 # I Description _Buildinc Plannin PW Fire Other Bulletin #129 — January 1, 2011 Page 1 of 1 II k:11andouts\Resubmittal Information CITY OF FEDERAL WAY COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW COMMITTEE TRANSMITTAL DATE: 3-1-18 TO: Cole Elliott, Development Services Manager FROM: Stacey Welsh, Senior Planner FILE NUMBER(s): 18-100790-SU RELATED FILE NOS.: 17-105642-UP, 17-105643-SE, 17-105644-SM, 17-104985-CN, 17-103654-PC PROJECT NAME: DAVITA BUILDING LOT LINE ELIMINATION PARCEL NUMBER: 215465-0110 & 215465-0120 ZONING DISTRICT: OP-1 PROJECT DESCRIPTION: Lot Line Elimination to remove a parcel line that would bisect a future structure on the DaVita project. LAND USE PERMITS: Lot Line Elimination PROJECT CONTACT: ESM Consulting Engineers Eric LaBrie 33400 8th Ave South, Suite 205 Federal Way, WA 98003 MATERIALS SUBMITTED: Lot Line Elimination application materials Poe- ` �s AX� 21 �k FederalOF Way RECEIVES FEB 21 cult CITY OF FEDEPAL WAY COMMUNfTY DEVELOPMEN MASTER LAND USE APPLICATION DEPAit'!'mEmr OF Com}H[1 m DEVEr.oPmiKNT 33325 8'b Avenue South Federal Way, WA 99003-6325 253-835-2607; Fax 253-835-2609 www.cit +Lofiederalway.com APPLICATION NO(S) is _ I V 0_� q c) — V 0— 5 Date 2, , Project Name Davita Healthcare Office Park Property Address/Location S 323rd St Federal Way,WA Parcel Number(,) 215465-0060, -0090, -0110, -0120 Project Description Dewelopment of a *I- 200,000 square foot offices ace building and additional parkin for Davita-djulthcare, Adjust parcel lines that bisect structure and parking. PLEASE PRINT Type of Permit Required Annexation Binding Site PIan X Boundary Line Adjustment _ Comp Plan/Rezone Land Surface Modification X _ Lot Line Elimination Preapplication Conference _ Process I (Director's Approval) Process 11(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-1 Zoning Designation Office Paris Comprehensive Plan Designation Value of Existing Improvements Val uc of Proposed Improvements International Building Cade (IBC): B Occupancy Type 11-13 Construction Type Applicant Name:Arthur Richey Address: 6245 8 Victor Ave City/State: Tulsa, OK Zip: 74136 Phone: (918) 810-3700 Fax: F.mail:a .rich da c Signa 'P -P 116, 11 ", IZT7 Agent (ifdurcri6t & Appticant) Name: Eric LaBrie, ESM Consulting Engineers, LLC Address: 33400 8th Ave S, Suite 205 City/State: Federal Way, WA Zip: 98003 Phone: 253-838-6113 Fax: 253-838-7104 Rmail: eric.labde@esmcivil.com Signature: Owner Name: Genesis KC Development, LLC Address: Same as above city/State: Zip: Phone: Fax: Email: Signature: Bulletin #003 - January 1, 2011 Page 1 of 1 k:)HandoutslMaster Land Use Application Stacey Welsh From: Eric LaBrie <eric.labrie@esmcivil.com> Sent: Thursday, March 01, 2018 7:08 AM To: Robert Hansen Cc: Savanna Nagorski; Cindy Flood; Zack Lennon; Arthur Richey; Mark.Kinney@davita.com; Stacey Welsh Subject: RE: DaVita BLA issue Hi Doc, Thank you for the explanation. We would like the City to proceed with the processing of the LLE as submitted. We will follow up with the County to ensure the lot consolidation happens. Thank you, ERIC LA RI , A. .C.P. GSM Consulting Engineers, LLC YVWW.esmci From: Robert Hansen [mailto'Robert.Hansen eityoffederalway.com] Sent: Wednesday, February 28, 2018 4:25 PM To: Eric LaBrie Cc: Savanna Nagorski; Cindy Flood; Zack Lennon; Arthur Richey; Mark.Kinne davita.com; Stacey Welsh Subject: RE: DaVita BLA issue Eric; Thank you for your email regarding your concern and suggestion to allow a lot line elimination in the case of DeVita. I would like to correct something that is stated in Ms. Nargorski's email to you. Ms. Welsh never indicated that the County would not process them. She knows that the County will process the LLE. She requested the Boundary Line Adjustment'(BLA) only because the mapping of the LLE after being filed is sometimes inconsistent at King County. We have a number of examples where nothing was actually changed when a LLE was filed. Our Code does permit the processing of Lot Line Elimination as you cited. We recommend that you do a BLA to insure that it will be accurately mapped at King County Assessor's . If you wish to have it processed as an LLE, we will do so. If this is the way you wish to have the DeVita combination processed, I would encourage you to submit it in the same manner as a BLA (i.e., to scale, on paper the size of a BLA submittal, before and after legal lot descriptions, before and after parcel location, and surveyor stamped) in order to provide greater assurance that it is mapped correctly in the Assessor's office. Please feel free to call me with any questions or comments. Robert "Doc" Hansen Planning Manager Federal Way Community Development Department 33325 8th Avenue South Federal Way, WA 98003-6325 Phone:253/835-2643 www.cityoffederalway.com From: Eric LaBrie [mailto:eric.labrie(aesmcivil.com] Sent: Wednesday, February 28, 2018 7:24 AM To: Robert Hansen Cc: Savanna Nagorski; Cindy Flood; Zack Lennon; Arthur Richey; Mark.Kinnev@davita.com Subject: FW: DaVita BLA issue Hello Mr. Hansen, Once again we are being told that the City will not process a Lot Line Elimination (LLE) for a commercial project, blaming this direction on the County (see below). We followed up with the County Assessor and Recorders Offices and were told that this is simply not true. In fact, we obtained copies of two commercial LLE's that were just recently processed and recorded; one as recent as this month (see attached). I find it disturbing that your staff would impose an arbitrary decision like this that ultimately only costs my client additional time and expense and provides no benefit. I respectfully request that the City accept and process the LLE as submitted for the DaVita project, pursuant to FWRC 18.15. Thank you very much, ER.IC LAS%'I, A.I.C.. ESM Consulting Engineers, LLC www.esmcivii.com From: Savanna Nagorski Sent: Friday, February 23, 2018 11:36 AM To: Eric LaBrie Cc: Zack Lennon; Cindy Flood Subject: Davita BLA issue Hi Eric, I just got a call from Stacey Welsh at the City of Federal Way regarding the BLA and Lot Line Elimination we submitted for Davita. Apparently there is an issue with the LLE for commercial properties — she stated the County will not process them and the line would not be removed. She says that is why they directed us to process BLAB to remove the interior lots (even though there is a complete separate process for strictly LLE). I spoke with Cindy and Zack and they recall having this issue with Federal Way last summer, and a resolution you and Doc came to was to provide a BLA map but still have the same process as an LLE. Is this something you want to speak with Doc about again regarding this project? The code does not suggest a different process is required, and Cindy and Zack confirmed that King County WILL process and record the LLE despite not having the BLA map. Let me know your thoughts! Thanks, SAVANNA NAGORSKI, MS SM CONSULTING ENGINEERS, LLC AssPlanner/ www.esmcivii.com GIS Analyst Federal W y i Everett Sianrti3, nagorsk[Oesmrivi l ;com 3.3400 8th Avenue South, Ste 205 l*ederal Way, WA 98003 Tel: 253,8:38,6111, Fax: 253.8 83104 Civil Engineering Surveying i Land Planning Landscape Architecture I %IS 7 7 7 CONSULTING ENGINEERS t_E_c February 21, 2018 Mr. Robert "Doc" Hansen Planning Manager City of Federal Way Department of Community Development 33325 8th Avenue South Federal Way, WA 98003 RECEIVED FEB 21 2018 CITY OF FEDERAL WAY COMMUNfTY DEVELOPMENT RE: Boundary Line Adjustment and Lot Line Elimination DaVita Healthcare, Corporate Business Office Dear Mr. Hansen: Job No. 1884-001-015 On behalf of DaVita Healthcare Partners, Inc. and Genesis KC Development, LLC, ESM Consulting Engineers is herein submitting a land use application to the City of Federal Way to process a Boundary Line Adjustment (BLA) and Lot Line Elimination (LLE) for the DaVita East Campus Corporate Park properties. The applicant is seeking the appropriate approvals to modify existing parcel lines to respect the new proposed office building and off -site parking lot, previously submitted to the City (file #17-105642-UP). The subject property is located at the intersection of 32nd Avenue South and South 323rd Street, next to the existing DaVita office building. These lots are known as King County tax parcels 215465-0110, -0120, -0060 and -0090, which include approximately 11.5 acres of OP-1 zoned property in the East Campus Corporate Park (Lots F, I, K and Q. Through the pending land use application, DaVita is seeking approvals to build a new office building to house corporate activities on the southern two lots (parcels -0110 and - 0120), and construct additional parking necessary to support this building on the northern two lots (parcels -0060 and-0090). The proposed parking lot to the north and the building to the south currently expand across parcel boundary lines. As such, City of Federal Way staff advised us to prepare a BLA to support the Process III proposal (see included Pre -application Summary Letter). DaVita Healthcare Partners would like to remedy this situation through the BLA and Lot Line Elimination processes, to be concurrently reviewed with the pending Process III application. The resulting property lines will locate the proposed building on a single parcel (LLE), and will align the northern parcels so that off -site parking will be located directly across the street on adjacent parcels (BLA). ESM Federal Way ESM Everett Civil Engineering Land Planning 33400 8th Ave S, Ste 205 10105E Everett Mall Way, Ste 210 Land Surveying Landscape Architecture Federal Way, WA 98003 253.838.6113tel Everett, WA 98208 425.297.9900tel 3DLaser Scanning GIS 800.345.5694 toll free 800.345.5694 toll free www.esmcivil.com 253.838.7104 fax 425. 297.9901 fax Mr. Robert "Doc" Hance February 21, 2018 Page 2 Enclosed with this letter, please find the following materials, which comprise a complete application for processing pursuant to FWRC 18.10.030: 1. Master Land Use Application, signed by Applicant and Owner; 2. Title Reports, less than 1 year old (2 copies); 3. `Before and After" Exhibit for general reference (2 copies); 4. BLA Drawings, including a site plan and survey (6 copies); 5. Lot Closure Calculations (2 copies); 6. Lot Line Elimination Worksheet with Exhibits A & B (2 copies); 7. Pre -application Conference Summary Letter; and 8. BLA and Lot Line Elimination Application Fee (Check for $2,173). Please contact us immediately if you need any additional information or if you have any comments regarding our application. Thank you in advance for your attention to this project and we look forward to working with you through the process. Sincerely, ESM CONSULTING ENGINEERS, LLC ZVANNA �NAGORSKI, MS Assistant Planner / GIS Analyst Enc: As noted CC: Jim Hilger, DaVita Healthcare Partners, Inc. Arthur Richey, Team Genesis Mark Kinney, Team Genesis Todd Olsen, McGranahan Architects l lesm8leng rlesm-jobs1188M00110151docu mentl letter-006.d ocx I Form No. 14 Guarantee No.: NCS-88068-Ml Subdivision Guarantee RECEIVED FEB 21 2018 CITY OF FEDERAL WAY COMMUNITY DEVELOPMENT GUARANTEE Issued by First American Title Insurance Company 818 Stewart Street, Suite 800, Seattle, WA 98101 Title Officer.- Chantale A. Stiller Anderson Phone: (206)728-0400 FAX: (206)448-6348 First American Tide Insurance Company Form No. 14 Guarantee No.: NCS-881568-WAl Subdivision Guarantee (4-10-75) Page No.: 1 \\v ��JYI First American Title Insurance Company National Commercial Services 818 Stewart Street, Suite 800, Seattle, WA 98101 (206)728-0400 - (800)526-7544 FAX (206)448-6348 Chantale A. Stiller -Anderson 206-448-6286 cstiller@firstam.com SUBDIVISION GUARANTEE LIABILITY $ 2,000.00 ORDER NO.: NCS-881568-WAl FEE $ 750.00 TAX $ 75.75 YOUR REF.: Lot K First American Title Insurance Company a Corporation, herein called the Company Subject to the Liability Exclusions and Limitations set forth below and in Schedule A. GUARANTEES ESM Consulting Engineers, LLC herein called the Assured, against loss not exceeding the liability amount stated above which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. LIABILITY EXCLUSIONS AND LIMITATIONS No guarantee is given nor liability assumed with respect to the validity, legal effect or priority of any matter shown therein. 2. The Company's liability hereunder shall be limited to the amount of actual loss sustained by the Assured because of reliance upon the assurance herein set forth, but in no event shall the Company's liability exceed the liability amount set forth above. 3. This Guarantee is restricted to the use of the Assured for the purpose of providing title evidence as may be required when subdividing land pursuant to the provisions of Chapter 58.17, R.C.W., and the local regulations and ordinances adopted pursuant to said statute. It is not to be used as a basis for closing any transaction affecting title to said property. Dated: November 22, 2017 at 7:30 A.M. First American Tide Insurance Company Form No. 14 Subdivision Guarantee (4-10-75) SCHEDULE A The assurances referred to on the face page are: A. Title is vested in: Genesis KC Development, LLC, a Delaware limited liability company Guarantee No.: NCS-881568-WAl Page No.: 2 B. That according to the Company's title plant records relative to the following described real property (including those records maintained and indexed by name), there are no other documents affecting title to said real property or any portion thereof, other than those shown below under Record Matters. The following matters are excluded from the coverage of this Guarantee: Unpatented Mining Claims, reservations or exceptions in patents or in acts authorizing the issuance thereof. 2. Water rights, claims or title to water. 3. Tax Deeds to the State of Washington. 4. Documents pertaining to mineral estates. DESCRIPTION: PARCEL I: LOTS K AND L OF EAST CAMPUS CORPORATE PARK PARCEL 1 BINDING SITE PLAN, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 191 OF PLATS PAGES 39 THROUGH 45, INCLUSIVE, IN KING COUNTY, WASHINGTON. PARCEL II: ALL NON-EXCLUSIVE EASEMENTS FOR INGRESS, EGRESS, AND UTILITIES AS ON THE FACE OF THE PLAT OF EAST CAMPUS CORPORATE PARK PARCEL 1 BINDING SITE PLAN, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 191 OF PLATS PAGES 39 THROUGH 45 INCLUSIVE, IN KING COUNTY, WASHINGTON. PARCEL III: A NON-EXCLUSIVE EASEMENT FOR INGRESS, EGRESS, DRAINAGE, AND UTILITIES AS CREATED BY THAT DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS APPLICABLE TO QUADRANT EAST CAMPUS CORPORATE PARK PARCEL I RECORDED UNDER RECORDING NO. 19990916001928. APN: 215465-0120-07 APN : 215465-0110-09 First American Title Insurance Company Form No. 14 Subdivision Guarantee (4-10-75) RECORD MATTERS: Guarantee No.: NCS-881568-WAl Page No.: 3 1. General Taxes for the year 2018, in an amount not yet available, which cannot be paid until February 15, 2018. Tax Account No.: 215465-0110-09 Note: Taxes and charges for 2017 were paid in full in the amount of $14,366.27. (Affects Lot K) 2. General Taxes for the year 2018, in an amount not yet available, which cannot be paid until February 15, 2018. Tax Account No.: 215465-0120-07 Note: Taxes and charges for 2017 were paid in full in the amount of $14,147.55. (Affects Lot L) 3. Potential charges, for the King County Sewage Treatment Capacity Charge, as authorized under RCW 35.58 and King County Code 28.84.050. Said charges could apply for any property that connected to the King County Sewer Service area on or after February 1, 1990. Note: Properties located in Snohomish County and Pierce County may be subject to the King County Sewage Treatment Capacity Charges. To verify charges contact: (206) 296-1450 or CapChargeEscrow@kjngcounty.gov. 4. Facility Charges, if any, including but not limited to hook-up, or connection charges and latecomer charges for water or sewer facilities of Federal Way Water and Sewer District as disclosed by instrument recorded May 12, 1989 as Recording No. 8905120210. 5. The terms and provisions contained in the document entitled "Agreement" regarding construction of sewer facilities recorded February 18, 1994 as Instrument No. 9402182159 of Official Records. By and between Federal Way Water and Sewer District and Weyerhauser Company, Incorporated. As of the Date of Policy, (A) no charges under this Exception have been assessed that are not yet due, and (B) no charges previously assessed that are now due and payable remain unpaid and outstanding. The lien created in Paragraph 26 of said agreement was released by instrument recorded under Recording No. 9512261712. 6. The terms and provisions contained in the document entitled "City of Federal Way Ordinance No. 94-219" recorded October 26, 1994 as 9410260933 of Official Records. First American Title Insurance Company Form No. 14 Guarantee No.: NCS-88068-WA1 Subdivision Guarantee (4-10-75) Page No.: 4 7. Reservations and exceptions, including the terms and conditions thereof: Reserving: Minerals Reserved By: Recorded: Recording Information Weyerhaeuser Company May 21, 1996 9605210333 8. Reservations and exceptions, including the terms and conditions thereof: Reserving: Mineral Rights Reserved By: Weyerhaeuser Company Recorded: December 10, 1998 Recording Information: 9812102519 Document re -recorded June 23, 1999 as Recording No. 990623002366 of Official Records. 9. Dedication, 15-foot ingress, egress and utility easement, 5-foot right of way easement, streetscape area and notes, as contained and/or delineated on the face of the Boundary Line Adjustment No. BLA 99-0002 recorded under Recording No. 9905129004, in King County, Washington. 10. The terms and provisions contained in the document entitled "License" recorded May 12, 1999 as 9905120886 of Official Records. 11. The terms and provisions contained in the document entitled "License" recorded June 4, 1999 as 9906041555 of Official Records. 12. Easement, including terms and provisions contained therein: Recording Information: August 17, 1999 as Recording No. 990817001304 In Favor of: Puget Sound Energy, Inc. For: Gas pipeline 13. Easement, including terms and provisions contained therein: Recording Information: September 3, 1999 as Recording No. 990903000828 In Favor of: Lakehaven Utility District For: Water facilities 14. Restrictions, conditions, dedications, notes, easements and provisions, but specifically excluding Notes 33 and 34 thereof, as contained and/or delineated on the face of the East Campus Corporate Park Parcel 1 Binding Site Plan No. BSP 98-0003 recorded in Volume 191 of Plats at Pages 39 through 45, in King County, Washington. 15. Easement, including terms and provisions contained therein: Recording Information: September 16, 1999 as Recording No. 990916001926 In Favor of: City of Federal Way, a Washington municipal corporation For: Stormwater treatment and detention facilities\ First American Title Insurance Company Form No. 14 Guarantee No.: NCS-881568-WAl Subdivision Guarantee (4-10-75) Page No.: 5 16. Easement, including terms and provisions contained therein: Recording Information: September 16, 1999 as Recording No. 990916001927 17 18. In Favor of: City of Federal Way, a Washington municipal corporation For: Public right of way Declaration of Covenants, Conditions, Easements & Restrictions Applicable to Quadrant East Campus Corporate Park Parcel I: Recorded: Recording No.: September 16, 1999 990916001928 Provision of the articles of incorporation and by-laws of the ECC1Owner's Association, and any tax, fee, assessments or charges as may be levied by said association. A document entitled "Agreement", executed by and between The Quadrant Corporation and Lakehaven Utility District for construction of sewer and water distribution system recorded December 22, 1999, as Instrument No. 991222001643 of Official Records. 19. The terms and provisions contained in the document entitled Notice of Waiver under Federal Way City Code Section 19-46, executed by and between City of Federal Way, a Washington municipal corporation and The Quadrant Corporation, a Washington corporation regarding refund of traffic impact fees, recorded March 21, 2000 as Instrument No. 20000321001498 of Official Records. 20. Easement, including terms and provisions contained therein: 21. 22. 23 24. 25. Recording Date: May 8, 2006 Recording Information: 20060508001642 In Favor of: Puget Sound Energy, Inc. For: Transmission, distribution and sale of gas and electricity Affects: Lot K Terms and conditions, including terms of release contained in Deed: Recorded: Recording No.: February 9, 2016 20160209001433 Evidence of the authority of the individual(s) to execute the forthcoming document for Genesis KC Development, LLC, a Delaware limited liability company, copies of the current operating agreement should be submitted prior to closing. Title to vest in an incoming owner whose name is not disclosed. Such name must be furnished to us so that a name search may be made. Prior to issuance of an extended coverage policy, the Company will require an Owner's Affidavit be completed and submitted to the Company for approval prior to closing. The Company reserves the right to make any additional requirement as warranted. Matters of extended owner/purchaser coverage which are dependent upon an inspection and an ALTA survev of the property for determination of insurability. First American Title Insurance Company Form No. 14 Subdivision Guarantee (4-10-75) Guarantee No.: NCS-881568-WAl Page No.: 6 Please submit a copy of the ALTA Survey at your earliest convenience for review. Our inspection will be held pending our review of the ALTA Survey and the result of said inspection will be furnished by supplemental report. 26. Unrecorded leaseholds, if any, rights of vendors and security agreement on personal property and rights of tenants, and secured parties to remove trade fixtures at the expiration of the term. First American Title Insurance Company Form No. 14 Guarantee No.: NCS-881568-WAl Subdivision Guarantee (4-10-75) Page No.: 7 INFORMATIONAL NOTES A. Any sketch attached hereto is done so as a courtesy only and is not part of any title commitment or policy. It is furnished solely for the purpose of assisting in locating the premises and First American expressly disclaims any liability which may result from reliance made upon it. First American Title Insurance Company Form No. 14 Guarantee No.: NCS-881568-WAl Subdivision Guarantee (4-10-75) Page No.: 8 SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE 1. Except th the extent that specific assurance are provided in this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) defects, liens, encumbrances, adverse Balms or other matters against the title, whether or not shown by the public records. (b) (1) Taxes or assessments of any taxing authority that levies taxes or assessments an real property; or, (2) Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not the matters excluded under (1) or (2) are shown by the records of the taxing authority or by the public records. (c) (1) Unpatented mining claims; (2) reservations or exceptions in patents or In Acts authorizing the issuance thereof; (3) water rights, claims or title to water, whether or not the matters excluded under (1), (2) or (3) are shown by the public records. 2. Notwithstanding any specific assurances which are provided in this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse Balms or other matters affecting the title to any property beyond the Ilnes of the land expressly described in this Guarantee, or title to streets, roads, avenues, lanes, ways ar waterways to which such land abuts, a the right to maintaln therein vaults, tunnels, ramps, or any structure or improvements; or any rights or easements thereln, unless such property, rights or easements are expressly and specifically set forth in said description. (b) Defects, Ilens, encumbrances, adverse dalms or other matters, whether or not shown by the public records; (1) which are created, suffered, assumed or agreed to by one or more of the Assureds; (2) which result in no fans to the Assured; or (3) which do not result in the invalidity or potential invalidity of any judicial or non judicial proceeding which is within the scope and purpose of the assurances provided. (c) The Identity of any party shown or referred to In this Guarantee. (d) The validity, legal effect or priority of any matter shown or referred to in this Guarantee. GUARANTEE CONDITIONS AND STIPULATIONS 1. Definition of Terms. The following terms when used In the Guarantee mean: (a) the "Assured": the party or parties named as the Assured In this Guarantee, or on a supplemental writing executed by the Company. (b) "{and": the land described or referred to in this Guarantee, and improvements affixed thereto which by law constitute real property. The term "land" does not Include any property beyond the lines of the area described or referred to in this Guarantee, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways. (c) "mortgage". mortgage, deed of trust, trust deed, or other security instrument. (d) "public records" : records established under state statutes at Date of Guarantee for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. (e) "date": the effective date. 2. Notice of Claim to be Given by Assured Claimant. An Assured shall notify the Company promptly in writing in case knowledge shall come to an Assured hereunder of any claim of title or Interest wh''Kh Is adverse to the title to the estate or Interest, as stated herein, and which might cause loss or damage for which the Company may be liable by virtue of tits Guarantee. If prompt notice shall not be given to the Company, then all Iiabillty of the Company shall terminate with regard to the matter or matters for which prompt notice Is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any Assured under this Guarantee unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 3. NOD Lay to Defend or Prosecute. The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party, notwithstanding the nature of any allegation in such action or proceeding. 4. Company's Option to Defend or Prosecute Actions; Duty of Assured Claimant to Cooperate. Even though the Company has no duty to defend or prosecute as set forth in Paragraph 3 above: (a) The Company shall have the right, at its sole option and cost, to institute and. prosecute any action or proceeding, Interpose a defense, as limited in (b), or to do any other act which in Its opinion may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured, or to prevent or reduce loss or damage to the Assured. The Company may take arty appropriate action under the terms of this Guarantee, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this Guarantee. If the Company shall exercise its rights under this paragraph, It shall do so diligently. (b) If the Company elects to exercise its options as stated In Paragraph 4(a) the Company shall have the right to select counsel of its choice (subject to the right of such Assured to object for reasonable cause) to represent the Assured and shall not be gable for and will not pay the fees of any other counsel, nor will the Company pay arty fees, costs or expenses Incurred by an Assured In the defense of those causes of action which allege matters not covered by this Guarantee. (c) Whenever the Company shall have brought an action or Interposed a defense as permitted by the provisions of this Guarantee, the Company may pursue any litigation to final determination by a court of competent jurksdlction and expressly reserves the right, In its sole discretion, to appeal from an adverse judgment or order. (d) In all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, an Assured shall secure to the Company the right to so prosecute or provide for the defense of any ado" or proceeding, and all appeals therein, and permit the Company to use, at Its option, the name of such Assured for this purpose. Whenever requested by the Company, an Assured, at the Company's expense, shall give the Company all reasonable aid in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured. If the Company is prejudiced by the failure of the Assured to furnish the required cooperation, the Company's obligations to the Assured under the Guarantee shall terminate. S. Proof of Loss or Damage. In addition to and after the notices required under Section 2 of these Conditions and Stipulations have been provided to the Company, a proof of loss or damage signed and sworn to by the Assured shall be furnished to the Company within ninety (90) days after the Assured shall ascertain the facts giving rise to the toss or damage. The proof of loss or damage shall describe the matters covered by this Guarantee which constitute the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. if the Company is prejudiced by the failure of the Assured to provide the required proof of lass or damage, the Company's obligation to such Assured under the Guarantee shall terminate. In addition, the Assured may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, Inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or alter Elate of Guarantee, which reasonably pertain to the toss or damage. Further, If requested by any authorized representative of the Company, the Assured shall grant Its permission, to writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the Loss or Damage. All information designated as confidential by the Assured provided to the Company, pursuant iD 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 Assured to submit for examination under oath, produce other reasonably requested Information or grant permission to secure reasonably necessary information from third parties as required in the above paragraph, unless prohibited by law or govemmental regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that claim. Form No. 1282 (Rev. 12/15/95) FirstAmerican Title Insurance Company 6. Options to Pay or Otherwise Settle Claims: Termination of Liability. In Case of a claim under this Guarantee, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Liability or to Purchase the Indebtedness. The Company shall have the option to pay or settle or compromise for or fn the name of the Assured any claim which could result In loss to the Assured within the coverage of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee is Issued for the benefit of a holder of a mortgage or a €ienholder, the Company shall have the option to purchase the Indebtedness secured by said mortgage or said lien for the amount owing thereon, together with any costs, reasonable attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of purchase. Such purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company hereunder. In the event after notice of claim has been given to the Company by the Assured the Company offers to purchase said Indebtedness, the owner of such indebtedness shall transfer and assign said Indebtedness, together with any collateral security, to the Company upon payment of the purchase price. Upon the exercise by the Company of the option provided for in Paragraph (a) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment requlred in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4, and the Guarantee shall be surrendered to the Company for cancellation. (b) To Pay or Otherwise Settle With Parties Other Than the Assured or With the Assured Claimant. To pay or otherwise settle with other parties for or in the name of an Assured claimant any claim Assured against under this Guarantee, together with any costs, attorneys' fees and expenses Incurred by the Assured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of the option provided for In Paragraph (b) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, Including any obligation to continue the defense or prosecution of any Iitigatlon For which the Company has exercised its options under Paragraph 4. 7. Determination and Extent of Liability. This Guarantee is a contract of Indemnity against actual monetary lass or damage sustained or incurred by the Assured claimant who has suffered loss or damage by reason of reliance upon the assurances set forth In this Guarantee and only to the extent herein described, and subject to the Exclusions From Coverage of This Guarantee, The Liability of the Company under this Guarantee to the Assured shall not exceed the least of: (a) the amount of liability stated in this Guarantee; (b) the amount of the unpaid principal indebtedness secured by the mortgage of an Assured mortgagee, as limited or provided under Section 6 of these Conditions and Stipulations or as reduced under Section 9 of these Conditions and Stipulations, at the time the loss or damage Assured against by this Guarantee occurs, together with Interest thereon; or (c) the difference between the value of the estate or interest covered hereby as stated herein and the value of the estate or interest subject to any defect, lien or encumbrance Assured against by this Guarantee. 8. Limitation of Liability. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures any other matter Assured against by this Guarantee In a reasonably diligent manner by any method, Including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage Caused thereby. (b) In the event of any litigation 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 therefrom, adverse to the title, as stated herein. (c) The Company shall not be liable for loss or damage to any Assured for liability voluntarily assumed by the Assured in settling any claim or suit without the prior written consent of the Company. 9. Reduction of Liability or Termination of Liability. All payments under this Guarantee, except payments made for costs, attorneys' fees and expenses pursuant to Paragraph 4 shall reduce the amount of liability pro tanto. 10. Payment of Loss. (a) No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, In which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stiputations, the loss or damage shall be payable within thirty (30) days thereafter. 11. Subrogation Upon Payment or Settlement. Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any act of the Assured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to the claim had this Guarantee not been issued. If requested by the Company, the Assured shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The Assured shall permit the Company to sue, compromise or settle fn the name of the Assured and to use the name of the Assured in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the Assured the Company shall be subrogated to all rights and remedies of the Assured after the Assured shall have recovered its principal, interest, and costs of collection. 12. Arbitration. Unless prohibited by applicable law, either the Company or the Assured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Assured arising out of or relating to this Guarantee, any service of the Company in connection with its issuance or the breach of a Guarantee provision or other obligation. All arbitrable matters when the Amount of Liability is $1,000,000 or less shall be arbitrated at the option of either the Company or the Assured, All arbitrable matters when the amount of liability Is in excess of $1,000,OOt} shall be arbitrated only when agreed to by bu[h the Company and the Assured. The Rules In effect at Date of Guarantee shall be bfndfng upon the parties. The award may include attorneys' fees only If the laws of the state In which the land is located permits a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Tide Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 13. Liability Limited to This Guarantee; Guarantee Entire Contract. (a) This Guarantee together with all endorsements, if any, attached hereto by the Company is the entire Guarantee and contract between the Assured and the Company. In interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim, shall be restricted to this Guarantee. (c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 14. Notices, Where Sent. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this Guarantee and shall be addressed to the Company at 2 First American Way. Bldg. 2, Santa Ana, CA. 92707. Form No. 1282 (Rev. 12/15/95) First American Title Insurance Company Form No. 14 Guarantee No.: NCS-879600-WAl Subdivision Guarantee RECEIVED FEB 21 2018 CITY OF FEDERAL WAY COMMUNITY DEVELOPMENT GUARANTEE Issued by First American Title Insurance Company 818 Stewart Street, Suite 800, Seattle, WA 98101 Title Ofcer.• Chantale A. Stiller Anderson Phone: (206)728-0400 FAX: (206)448-6348 First American Title Insurance Company Form No. 14 Guarantee No.: NCS-879600-WAi Subdivision Guarantee (4-10-75) Page No.: 1 1.1 First American Title Insurance Company Na donai Commei a ia/ Services 818 Stewart Street, Suite 800, Seattle, WA 98101 (206)728-0400 - (800)526-7544 FAX (206)448-6348 Chantale A. Stiller -Anderson Terri Nugent (206)448-6286 (206)615-3041 cstiller@firstam.com tnugent@firstam.com SUBDIVISION GUARANTEE LIABILITY $ 2,000.00 ORDER NO.: NCS-879600-WAi FEE $ 750.00 TAX $ 75.75 YOUR REF.: Davita East Campus First American Title Insurance Company a Corporation, herein called the Company Subject to the Liability Exclusions and Limitations set forth below and in Schedule A. GUARANTEES Genesis KC Development, LLC herein called the Assured, against loss not exceeding the liability amount stated above which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. LIABILITY EXCLUSIONS AND LIMITATIONS 1. No guarantee is given nor liability assumed with respect to the validity, legal effect or priority of any matter shown therein. 2. The Company's liability hereunder shall be limited to the amount of actual loss sustained by the Assured because of reliance upon the assurance herein set forth, but in no event shall the Company's liability exceed the liability amount set forth above. 3. This Guarantee is restricted to the use of the Assured for the purpose of providing title evidence as may be required when subdividing land pursuant to the provisions of Chapter 58.17, R.C.W., and the local regulations and ordinances adopted pursuant to said statute. It is not to be used as a basis for closing any transaction affecting title to said property. Dated: November 09, 2017 at 7:30 A.M. First American Tide Insurance Company Form No. 14 Subdivision Guarantee (4-10-75) SCHEDULE A The assurances referred to on the face page are: A. Title is vested in: Genesis KC Development, LLC, a Delaware limited liability company Guarantee No.: NCS-879600-WAl Page No.: 2 B. That according to the Company's title plant records relative to the following described real property (including those records maintained and indexed by name), there are no other documents affecting title to said real property or any portion thereof, other than those shown below under Record Matters. The following matters are excluded from the coverage of this Guarantee: 1. Unpatented Mining Claims, reservations or exceptions in patents or in acts authorizing the issuance thereof. Water rights, claims or title to water. Tax Deeds to the State of Washington. 4. Documents pertaining to mineral estates. DESCRIPTION: PARCEL B: LOT F OF EAST CAMPUS CORPORATE PARK PARCEL 1 BINDING SITE PLAN, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 191 OF PLATS PAGES 39 THROUGH 45, INCLUSIVE, IN KING COUNTY, WASHINGTON. PARCEL B1: ALL NON-EXCLUSIVE EASEMENTS FOR INGRESS, EGRESS, AND UTILITIES AS ON THE FACE OF THE PLAT OF EAST CAMPUS CORPORATE PARK PARCEL 1 BINDING SITE PLAN, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 191 OF PLATS PAGES 39 THROUGH 45, INCLUSIVE, IN KING COUNTY, WASHINGTON. PARCEL B2: A NON-EXCLUSIVE EASEMENT FOR INGRESS, EGRESS, DRAINAGE, AND UTILITIES AS CREATED BY THAT DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS APPLICABLE TO QUADRANT EAST CAMPUS CORPORATE PARK PARCEL I RECORDED UNDER RECORDING NO. 19990916001928. PARCEL B3: A NON-EXCLUSIVE EASEMENT FOR DRIVEWAY AND UTILITY AS CREATED BY THAT RECIPROCAL DRIVEWAY AND UTILITY EASEMENT AND SHARED COST AGREEMENT RECORDED UNDER RECORDING NO. 20011227000839 AND AMENDED UNDER RECORDING NO. 20051221000599. First American Tide Insurance Company Form No. 14 Guarantee No.: NCS-879600-WAl Subdivision Guarantee (4-10-75) Page No.: 3 PARCEL B4: A NON-EXCLUSIVE EASEMENT FOR ACCESS AND UTILITIES AS CREATED BY THAT RECIPROCAL ACCESS AND UTILITY EASEMENT AND SHARED COST AGREEMENT RECORDED UNDER RECORDING NO. 20011221001391 AND AMENDED UNDER RECORDING NOS. 20051116002069, 20060411001774 AND 20060411001775. PARCEL B5: A NON-EXCLUSIVE EASMENT FOR INGRESS, EGRESS AND UTILITIES AS DESCRIBED IN NOTE 36 ON THE PLAT OF EAST CAMPUS CORPORATE PARK PARCEL 1 BINDING SITE PLAN, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 191 OF PLATS, PAGES 39 THROUGH 45, INCLUSIVE, IN KING COUNTY, WASHINGTON AND AS AMENDED BY THAT AMENDMENT AND RELEASE OF EASEMENT RECORDED UNDER RECORDING NO. 20060411001775, PARCEL C: LOT I OF EAST CAMPUS CORPORATE PARK PARCEL 1 BINDING SITE PLAN, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 191 OF FLATS, PAGES 39 THROUGH 45, INCLUSIVE, IN KING COUNTY, WASHINGTON. PARCEL Cl: ALL NON-EXCLUSIVE EASEMENTS FOR INGRESS, EGRESS, AND UTILITIES AS ON THE FACE OF THE PLAT OF EAST CAMPUS CORPORATE PARK PARCEL 1 BINDING SITE PLAN, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 191 OF PLATS PAGES 39 THROUGH 45 INCLUSIVE, IN KING COUNTY, WASHINGTON. PARCEL C2 A NON-EXCLUSIVE EASEMENT FOR INGRESS, EGRESS, DRAINAGE, AND UTILITIES AS CREATED BY THAT DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS APPLICABLE TO QUADRANT EAST CAMPUS CORPORATE PARK PARCEL I RECORDED UNDER RECORDING NO. 19990916001928. PARCEL C3: A NON-EXCLUSIVE EASEMENT FOR ACCESS AND UTILITIES AS CREATED BY THAT RECIPROCAL ACCESS AND UTILITY EASEMENT AND SHARED COST AGREEMENT RECORDED UNDER RECORDING NO. 20011221001391 AND AMENDED UNDER RECORDING NOS. 20051116002069, 20060411001774 AND 20060411001775. PARCEL C4: A NON-EXCLUSIVE EASMENT FOR INGRESS, EGRESS AND UTILITIES AS DESCRIBED IN NOTE 36 ON THE PLAT OF EAST CAMPUS CORPORATE PARK PARCEL 1 BINDING SITE PLAN, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 191 OF PLATS, PAGES 39 THROUGH 45, INCLUSIVE, IN KING COUNTY, WASHINGTON AND AS AMENDED BY THAT AMENDMENT AND RELEASE OF EASEMENT RECORDED UNDER RECORDING NO. 20060411001775. APN: 215465-0060-09 APN: 215465-0090-03 First American Tide Insurance Company Form No. 14 Subdivision Guarantee (4-10-75) RECORD MATTERS: Guarantee No.: NCS-879600-WAl Page No.: 5 1. Potential charges, for the King County Sewage Treatment Capacity Charge, as authorized under RCW 35.58 and King County Code 28.84.050. Said charges could apply for any property that connected to the King County Sewer Service area on or after February 1, 1990. Note: Properties located in Snohomish County and Pierce County may be subject to the King County Sewage Treatment Capacity Charges. To verify charges contact: (206) 296-1450 or CapChargeEscrow@kingcounty.gov. 2. Facility Charges, if any, including but not limited to hook-up, or connection charges and latecomer charges for water or sewer facilities of Federal Way Water and Sewer District as disclosed by instrument recorded May 12, 1989 as recording no. 8905120210. (Affects all parcels) The terms and provisions contained in the document entitled "Agreement" regarding construction of sewer facilities recorded February 18, 1994 as Instrument No. 9402182159 of Official Records. By and between Federal Way Water and Sewer District and Weyerhauser Company, Incorporated. The lien created in Paragraph 26 of said agreement was released by instrument recorded under Recording No. 9512261712. 4. The terms and provisions contained in the document entitled "City of Federal Way Ordinance No. 94-219" recorded October 26, 1994 as 9410260933 of Official Records. Document(s) declaring modifications thereof recorded May 13, 2003 as 20030513002214 of Official Records. 5. Reservations and exceptions, including the terms and conditions thereof: Reserving: Minerals Reserved By: Weyerhaeuser Company Recorded: May 21, 1996 Recording Information: 9605210333 6. Dedication, 15-foot ingress, egress and utility easement, 5-foot right of way easement, streetscape area and notes, as contained and/or delineated on the face of the Boundary Line Adjustment No. BLA 99-0002 recorded under Recording No. 9905129004, in King County, Washington. 7. Easement, including terms and provisions contained therein: Recording Information: 19990817001304 In Favor of: Puget Sound Energy, Inc. For: Gas pipeline Affects: As described therein 8. Easement, including terms and provisions contained therein: FirstAmendan Title Insurance Company Form No. 14 Guarantee No.: NCS-879600-WAl Subdivision Guarantee (4-10-75) Page No.: 6 Recording Information: 19990903000828 In Favor of: Lakehaven Utility District For: Water facilities Affects: As described therein 9. Restrictions, conditions, dedications, notes, easements and provisions, but specifically excluding Notes 33 and 34 thereof, as contained and/or delineated on the face of the East Campus Corporate Park Parcel 1 Binding Site Plan No. BSP 98-0003 recorded in Volume 191 of Plats at Pages 39 through 45, in King County, Washington. 10. Easement, including terms and provisions contained therein: Recording Information: 19990916001926 In Favor of: City of Federal Way, a Washington municipal corporation For: Inspection of and to reasonable monitor the stormwater treatment and detention facilities Affects: As described therein 11. Easement, including terms and provisions contained therein: Recording Information: 19990916001927 In Favor of: City of Federal Way, a Washington municipal corporation For: Public right of way Affects: As described therein 12. Declaration of Covenants, Conditions, Easements & Restrictions Applicable to Quadrant East Campus Corporate Park Parcel I: Recorded: September 16, 1999 Recording No.: 19990916001928 13. A document entitled "Agreement", executed by and between The Quadrant Corporation and Lakehaven Utility District for construction of sewer and water distribution system recorded December 22, 1999, as Instrument No. 19991222001643 of Official Records. 14. The terms and provisions contained in the document entitled Notice of Waiver under Federal Way City Code Section 19-46, executed by and between City of Federal Way, a Washington municipal corporation and The Quadrant Corporation, a Washington corporation regarding refund of traffic impact fees, recorded March 21, 2000 as Instrument No. 20000321001498 of Official Records. 15. The terms and provisions contained in the document entitled Reciprocal Driveway and Utility Easement and Shared Cost Agreement, executed by and between The Quadrant Corporation, a Washington corporation and Capital One Bank, a bank organized under the laws of Virginia, recorded December 21, 2001, as Instrument No. 20011221001391 of Official Records. Document(s) declaring modifications thereof recorded November 16, 2005 and April 11, 2006 as Recording Nos. 20051116002069, 20060411001774 and 20060411001775 of Official Records. 16. The terms and provisions contained in the document entitled Reciprocal Driveway and Utility Easement and Shared Cost Agreement, executed by and between The Quadrant Corporation, a Washington corporation and Capital One Bank, a bank organized under the laws of Virginia, recorded December 27, 2001 as Instrument No. 20011227000839 of Official Records. First American Tide Insurance Company Form No. 14 Subdivision Guarantee (4-10-75) Guarantee No.: NCS-879600-WAl Page No.: 7 Document(s) declaring modifications thereof recorded December 21, 2005 as Recording No. 20051221000599 of Official Records. 17. Easement, including terms and provisions contained therein: Recording Information: 20060519000191 In Favor of: Lakehaven Utility District, a municipal corporation of King County, Washington, its successors, agents, designees or assigns For: Water and sewer facilities Affects: As described therein M31 19 20 21. Terms and conditions, including terms of release contained in Deed: Recorded: Recording No.: February 9, 2016 20160209001433 The terms and provisions contained in the document entitled "License" recorded May 12, 1999 as 9905120886 of Official Records. The terms and provisions contained in the document entitled "License" recorded June 4, 1999 as 9906041555 of Official Records. Unrecorded leaseholds, if any, rights of vendors and security agreement on personal properly and rights of tenants, and secured parties to remove trade fixtures at the expiration of the term. First American Tide InsurancL- Company Form No. 14 Subdivision Guarantee (4-10-75) INFORMATIONAL NOTES A. General taxes for the year 2017 which have been paid. Tax Account No. 215465-0060-09 Amount: $17,096.79 Assessed Land Value: $1,227,000.00 Assessed Improvement Value: $0.00 (Affects Parcel B) Guarantee No.: NCS-879600-WAl Page No.: 8 B. General taxes for the year 2017, which have been paid. Tax Account No.: 215465-0090-03 Amount: $17,369.84 Assessed Land Value: $1,246,600.00 Assessed Improvement Value: $0.00 (Affects Parcel C) C. Any sketch attached hereto is done so as a courtesy only and is not part of any title commitment or policy. It is furnished solely for the purpose of assisting in locating the premises and First American expressly disclaims any liability which may result from reliance made upon it. First American Title Insurance Company Form No. 14 Guarantee No.: NCS-879600-WAl Subdivision Guarantee (4-10-75) Page No.: 9 SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE 1. Except to the extent that specific assurance are provided in this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters against the title, whether or not shown by the public records. (b) (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or, (2) Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not the matters excluded under (1) or (2) are shown by the records of the taxing authority or by the public records. (c) (1) Unpatented mining claims; (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (3) water rights, claims or title to water, whether or not the matters excluded under (1), (2) or (3) are shown by the public records. 2. Notwithstanding any specific assurances which are provided in this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters affecting the title to any property beyond the lines of the land expressly described in this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways to which such land abuts, or the right to maintain therein vaults, tunnels, ramps, or any structure or improvements; or any rights or easements therein, unless such property, rights or easements are expressly and specifically set forth in said description. (b) Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the public records; (1) which are created, suffered, assumed or agreed to by one or more of the Assureds; (2) which result in no loss to the Assured; or (3) which do not result in the invalidity or potential invalidity of any judicial or non -judicial proceeding which is within the scope and purpose of the assurances provided. (c) The identity of any party shown or referred to in this Guarantee. (d) The validity, legal effect or priority of any matter shown or referred to in this Guarantee. GUARANTEE CONDITIONS AND STIPULATIONS 1. Definition of Terms. The following terms when used in the Guarantee mean: (a) the "Assured": the party or parties named as the Assured in this Guarantee, or on a supplemental writing executed by the Company. (b) "land": the land described or referred to in this Guarantee, and improvements affixed thereto which by law constitute real property. The term "land" does not include any property beyond the lines of the area described or referred to in this Guarantee, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways. (c) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. (d) "public records" : records established under state statutes at Date of Guarantee for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. (e) "date": the effective date. 2. Notice of Claim to be Given by Assured Claimant. An Assured shall notify the Company promptly in writing in case knowledge shall come to an Assured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as stated herein, and which might cause loss or damage for which the Company may be liable by virtue of this Guarantee. If prompt notice shall not be given to the Company, then all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any Assured under this Guarantee unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 3. No Duty to Defend or Prosecute. The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party, notwithstanding the nature of any allegation in such action or proceeding. 4. Company's Option to Defend or Prosecute Actions; Duty of Assured Claimant to Cooperate. Even though the Company has no duty to defend or prosecute as set forth in Paragraph 3 above: (a) The Company shall have the right, at its sole option and cost, to institute and prosecute any action or proceeding, interpose a defense, as limited in (b), or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured, or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action under the terms of this Guarantee, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this Guarantee. If the Company shall exercise its rights under this paragraph, it shall do so diligently. (b) If the Company elects to exercise its options as stated in Paragraph 4(a) the Company shall have the right to select counsel of its choice (subject to the right of such Assured to object for reasonable cause) to represent the Assured and shall not be liable for and will not pay the fees of any other counsel, nor will the Company pay any fees, costs or expenses incurred by an Assured in the defense of those causes of action which allege matters not covered by this Guarantee. (c) Whenever the Company shall have brought an action or interposed a defense as permitted by the provisions of this Guarantee, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from an adverse judgment or order. (d) In all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, an Assured shall secure to the Company the right to so prosecute or provide for the defense of any action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such Assured for this purpose. Whenever requested by the Company, an Assured, at the Company's expense, shall give the Company all reasonable aid in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured. If the Company is prejudiced by the failure of the Assured to furnish the required cooperation, the Company's obligations to the Assured under the Guarantee shall terminate. S. Proof of Loss or Damage. In addition to and after the notices required under Section 2 of these Conditions and Stipulations have been provided to the Company, a proof of loss or damage signed and sworn to by the Assured shall be furnished to the Company within ninety (90) days after the Assured shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the matters covered by this Guarantee which constitute the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the Assured to provide the required proof of loss or damage, the Company's obligation to such Assured under the Guarantee shall terminate. In addition, the Assured may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Guarantee, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Assured shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the Loss or Damage. All information designated as confidential by the Assured 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 Assured to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in the above paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that claim. Form No. 1282 (Rev. 12/15/95) First American Title Insurance Company 6. options to Pay or Otherwise Settle Claims, Termination of Liability. In case of a claim under this Guarantee, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Liability or to Purchase the Indebtedness. The Company shall have the option to pay or settle or compromise for or In the name of the Assured any claim which could result in loss to the Assured within the coverage of this Guarantee, or to pay the full amount of this Guarantee or, If this Guarantee is issued for the benefit of a holder of a mortgage or a lienholder, the Company shall have the option to purchase the Indebtedness secured by said mortgage or said lien for the amount owing thereon, together with any costs, reasonable attorneys' Fees and expenses incurred by the Assured clalman t which were authorized by the Company up to the time of purchase. Such purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company hereunder. In the event after notice of claim has been given to the Company by the Assured the Company offers to purchase said Indebtedness, the owner of such Indebtedness shall transfer and assign said Indebtedness, together with any collateral security, to the Company upon payment of the purchase price. Upon the exercise by the Company of the option provided for In Paragraph (a) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4, and the Guarantee shall be surrendered to the Company for cancellation. (b) To Pay or Otherwise Settle With Parties Other Than the Assured or With the Assured Claimant. To pay or otherwise settle with other parties for or in the name of an Assured claimant any claim Assured against under this Guarantee, together with any casts, attorneys' fees and expenses Incurred by the Assured claimant which were authorized by the Company up to the time of payment and which the Company Is obligated to pay. Upon the exercise by the Company of the option provided For in Paragraph (b) the Company's obligation to the Assured under this Guarantee for the claimed loss at damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any lidgation for which the Company has exercised its options under Paragraph 4. 7. Determination and Extent of Liability. This Guarantee is a contract of Indemnity against actual monetary loss or damage sustained or Incurred by the Assured claimant who has suffered loss or damage by reason of reliance upon the assurances set forth in this Guarantee and only to the extent herein described, and subject to the Exdusbns From Coverage of This Guarantee. The Liability of the Company under this Guarantee to the Assured shall not exceed the least of: (a) the amount of liability stated in this Guarantee; (b) the amount of the unpaid principal indebtedness secured by the mortgage of an Assured mortgagee, as limited or provided under Section fi of these Conditions and Stipulations or as reduced under Section 9 of these Conditions and Stipulations, at the dme the loss or damage Assured against by this Guarantee occurs, together with interest thereon; or (c) the difference between the value of the estate or interest covered hereby as stated herein and the value of the estate or interest subject to any defect, lien or encumbrance Assured against by this Guarantee. a. Limitation of Liability. (a) If the Company estabilshes the tide, or removes the alleged defect, lien or encumbrance, or cures any other matter Assured against by this Guarantee In a reasonably diligent manner by any method, including lidgation and the completion of any appeals therefrom, it shall have fully perforrned its obligations with respect to that matter and shall not be liable For any loss or damage caused thereby. (b) In the event of any litigation 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 dispasltion of all appeals therefrom, adverse to the title, as stated herein. (c) The Company shall not be liable for loss or damage to any Assured for liability voluntarily assumed by the Assured in settling any claim or suit without the prior written consent of the Company. 9. Reduction of Liability or Termination of Liability. All payments under this Guarantee, except payments made for costs, attorneys' fees and expenses pursuant to Paragraph 4 shall reduce the amount of liability pro tanto. 10. Payment of Loss. (a) No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, in which Case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of toss or damage has been definitely fixed In accordance with these Conditions and Stipulations, the loss or damage shall be payable within thirty (30) days thereafter. 11. Subrogation Upon Payment or Settlement. Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subrogation shalt vest In the Company unaffected by any act of the Assured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to the claim had this Guarantee not been issued. If requested by the Company, the Assured shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The Assured shall permit the Company to sue, compromise or settle in the name of the Assured and to use the name of the Assured In any transaction or litigation InvoMng these rights or remedies. If a payment on account of a claim does not fully cover the loss of the Assured the Company shall be subrogated to all rights and remedies of the Assured after the Assured shall have recovered its principal, interest, and costs of coilection. 12, Arblttation. Unless prohibited by applicable law, either the Company or the Assured may demand arbitration pursuant to the Tide Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may Include, but are not limited to, any controversy or claim between the Company and the Assured arising out of or relating to this Guarantee, any service of the Company In connection with its issuance or the breach of a Guarantee provision or other obligation. All arbitrable matters when the Amount of Liability is $1,000,000 or less shall be arbitrated at the option of either the Company or the Assured. All arbitrable matters when die amount of liability Is in excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and the Assured. The Rules In effect at Hate of Guarantee shall be binding upon the parties. The award may Include attorneys' fees only if the laws of the state In which the land is located permits a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrators) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 13. Liability L[mited to This Guarantee; Guarantee Entire Contract. (a) This Guarantee together with all endorsements, IF any, attached hereto by the Company is the entire Guarantee and contract between the assured and the Company. In interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole. (b) Any claim of loss or damage, whether or not based an negligence, or any action asserting Such claim, shall be restricted to this Guarantee. (c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vie President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. m. Notices, where Sent. All notices required to be given the Company and any statement In writing required to be furnished the Company shall Include the number of this Guarantee and shall be addressed to the Company at 2 First American Way. Bldg. 2, Santa Ana, CA. 92707. Form No. 1282 (Rev. 12/15/95) First American Title Insurance Company