Exhibit B. Original Concomitant Zoning Agreementr "ImVG1 V' cu
(~ ��. q L Re= County Superior Court
Recur � at � lUnl� APR 2 6 W 90-2-05209-5
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-ONCOMITANT ZONING AGREEMEN13.r215�3F'�4
7 iR 55 ��f F-CFEE 2.00
THIS AGREEMENT is entered into by and between Quadrant
Corporation, a Washington corporation (the "Owner"),. and the City
of Federal Way, Washington, a non -charter optional municipal code
city incorporated under the laws of the state of Washington (the
"Cityll) .
WHEREAS, the City has authority to enact laws and enter into
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agreements to promote the public health, safety and welfare of
CDO C�its citizens, including laws and agreements which -control the use
C� and development of the property within its jurisdiction, and /
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WHEREAS, the Owner has an interest in certain property
within the jurisdiction of the City described in Exhibit A, a
copy of which is attached hereto and hereby incorporated in full
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by this reference, and
WHEREAS, the City and the Owner have agreed that the City
shall initiate a rezone for a change of classification of the
property to BC (Community Business) subject to the specific
tations set forth in this Agreement, and
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�^:=WHEREAS, the Owner recognizes and acknowledges the need for.
-coriformance with the Comprehensive Plan and other applicable
ti `�plri�s and regulations of the City relating to the use and
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�eveiropment of the property, and
WHEREAS, the Owner has indicated its willingness_ to
cooperate with the City and its Department of Community
Development to ensure compliance with all City ordinances and all
other local, state and federal laws related to the use and
development of the property,
JDW00924A/0072.050.003 _1_
NOW, THEREFORE, in the event the property is classified by
the City in accordance with the zoning classification contained
in the Federal Way Zoning Code of BC (Community Business) with
limitations as set forth in this Agreement and in_: consideration
if such classification should be placed upon the property, the
Owner does hereby covenant and agree as follows:
1. The Owner on behalf of itself, its successors in
interest and assigns, hereby covenants to comply with all of the
� terms and conditions of this Agreement in the event the City
Ngrants a rezoning classification to the property of -.>BC (Community
0 Business) with limitations as set forth in this Agreement. If
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such a classification is not granted by the City, then this
Agreement shall be of no force and effect.
2. The Owner hereby agrees to be bound and to comply with
the following conditions:
A. All development of the property, except with
respect to the use and area of use provisions as set forth in
Section 2B below, and the rear facade modulation provisions set
forth in Section 2C below, shall in all respects comr�l. with the
provisions and µlimitations of the Federal Way Zoning Code,
Chapter 45,�C �rnunity Business District Regulations, as the same
now exists or may hereafter be amended, and specifically
including all provisions and limitations relating to height,
setback, lot coverage and other developmental regulations except.;
to the extent as provided in Section 2B and 2C below.
B. Allowable uses on the property shall be limited to
(_ those set forth in Chapter 40, Neighborhood Business_ District
JDW00924A/0072.050.003 -2-
Regulations, of the Federal Way Zoning Code, as the same now
exists or may hereafter be amended, including provisions
regulating maximum square footage limitations on such uses, with
the exceptions that
(i) Owner shall be permitted to develop on the
property one grocery store of a size not to exceed 45,000 square
feet gross leasable area, and
(ii) Owner shall be permitted to develop on the
-d- property o"_ drug store of a size not to exceed 22,000 square
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N(iii) no vehicle service station use shall be
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C. Facade modulation requirements for the rear facade
of any proposed commercial development upon the property shall be
governed by the facade modulation requirements of Chapter 55,
Professional office District Regulations, of the Federal Way
Zoning Code, as the same now exists or may hereafter be amended,
as set forth on page 55-2, note 4 (office Uses).
D. Sections 105.40 and 105.50 of the,_=Federal Way
Zoning Code, as the same now exists or may hereafter be amended, -
calls for parking areas to be located as far as possible from
adjacent low density zoned property. Because of the topography
of the property and the visibility of the property and those
sites adjacent to it, the staff may consider site designs that -
show parking on the property to be located generally in the
western._ portion of the property, oriented towards S. W. Campus
Drive.
JDW00924A/0072.050.003 -3-
E. Chapter 90 )of the Federal Way Zoning Code, as the
same now exists or may hereafter be amended, - may require a 50
foot wide landscaped strip to be provided as a buffer on the
property along the portion of its frontage on S. W. Campus Drive
that is adjacent to low density zoned property. Section 90.25.9
of the Federal Way Zoning Code permits modification of such
requirements in certain circumstances.. The existin topography
or
of the adjoining property mayA decrease thtneed for buffering.
In the event that the Owner of the adjoining property agrees to a
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CN staff may consider alteration to buffering requirements for the
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F. Owner agrees to grant to the City a recreational
easement, in form and content as shall be approved by the City
Attorney, over a portion of the property (the "Easement). The
Easement shall include an area of approximately two acres, the
boundaries of which shall be determined mutually by Owner and the
City, -located generally in the northwest portion of the property
in the area indicated on the map attached as Exhibit B. The
Easement shall be developed and maintained by the City at the
City's sole cost, subject to the conditions that
(i) The City's development plan for the Easement
shall be in accordance with the Master Plan for the Panther Lake
Park and Recreation Area which plan is being developed by the.,
City.
(ii) While no parking spaces shall be required for
the use of the Easement, the Owner shall make no fewer than 20
JDW00924A/0072.050.003 -4-
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parking stalls available for joint use by users of the Easement
and of Owner's property.
(iii) The Easement area shall be regarded as open
space and/or buffer and/or pervious surface ::toward the
satisfaction of such.requirements for development of the property
under the Federal Way Zoning Code. Provided, however, to the
extent the property is planned to be developed under the Master
Plan for the Panther Lake Park and Recreation Area, only the area
remaining as pervious surface may be counted for such purposes.
Attached hereto, identified as Exhibit B is a drawing
illustrative of improvements that may be placed upon the
Easement. Both parties hereto recognize that this Exhibit is for
illustrative purposes and that the improvements may be greater or
less than depicted in the Exhibit depending upon what is'
established in the final Master Plan, adopted by the City, for
the Panther Lake Park and Recreation Area. If the property
undergoes site plan review prior to the park plan being
completed, Exhibit B shall be used to calculate pervious surface
area in the Easement.
(iv) The City shall be responsible for maintenance
of the Easement after construction of the improvements by the
City and the City shall indemnify, defend and hold the Owner
harmliess from any costs or claims for bodily injury or property
damage arising out of or in connection with the use or enjoyment,
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of the Easement by the City or any third party. This
indemnification shall not require the City to indemnify the Owner
from Owner's concurrent and/or sole negligence.
JDW00924A/0072.050.003 -5-
i�G. Upon satisfaction of the conditions set forth in
section 21 below, Owner shall pay to the City the sum of
$20,000.00 to be used by the City for the purpose of completing
the preparation of the Master Plan for the Panther -Lake Park and
Recreation Area which plan shall benefit Owner's property. In
the event this sum is not paid prior to the completion and
adoption of the Master Plan for the Panther Lake Park and
Recreation Area then the $20,000.00 set forth in this paragraph
shall be added to and applied. to the purposes set forth in
paragraph 2H below.
C� H. Upon satisfaction or the waiver by Owner of the
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Co conditions set forth in section 2J below, and in addition to the
Osums required to be paid as set forth in paragraph 2G above, the
Owner shall pay to the City the sum of $50,000.00 to be used by
the City for the cost of construction of recreational
improvements which Owner acknowledges will benefit their property
and which may include the acquisition of capital assets for the
purpose of maintaining said improvements. The priorities for
expenditure of funds payable either under this::: paragraph or
paragraph 2G above, shall be as follows:
(i) The money shall be first expended to install
the improvements in the Easement area in accordance with the
Master Plan for the Panther Lake Park and Recreation Area.
(ii) In the event funds remain over. and above__
completion of the improvements in the recreation easement area,
then any remaining funds shall be applied to construction of
improvements in accordance with the Master Plan for the remainder
JDW00924A/0072.050.003 -6-
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of the Panther Lake Park and Recreation Area outside of the
Easement.
I. Upon satisfaction of or waiver by the Owner of the
conditions set forth in Section 2J below, owner shall undertake
to construct, at Owner's sole expense, a storm water detention
area on property identified and $ epicyd on the map attached
hereto and identified as Exhibit J% /Said storm water detention
and related drainage improvements must -in all respects comply
with the then existing requirements of the City of Federal Way
for such facilities. Weather permitting, and all necessary
permits having been obtained, such work shall commence within 90
days of the date of the satisfaction or waiver of the conditions
set forth in Section 2J below. The Owner shall, at its sole
expense, obtain such permits as are required to -perform the work,
including submitting such plans to the City for surface water and
engineering review. Owner's obligation to conduct such work is
expressly conditioned on Owner's ability to obtain such approvals
as are necessary or incident to the performance of the work. If
such approvals have not been obtained within two. ydars of the
date of satisfaction or waiver by Owner of the -conditions set'
forth in Section 2J below, exclusive of any appeal,
administrative or judicial, of the City's approval of the
necessary permits, then, in that event, Owner shall be excused
from providing this additional storm water detention and related
drainage improvement area except to the extent that it is
necessary for any improvements to be constructed on Owner's
property. Owner shall be responsible for ongoing maintenance of
JDW00924A/0072.050.003 -7-
1 the drainage improvements. In the event Owner fails to properly
maintain the drainage improvements, the City shall have the
right, and is hereby granted a license for said purposes, to come
upon the premises after notice and failure of Owner -to respond,
and perform the necessary maintenance. The City shall be
entitled to recover all of its costs incurred in connection with
performing the necessary maintenance including consultant and
legal fees times a multiplier of two. In the event that Owner
shall fail to remit the funds thus.due to the City within 30 days
of receipt of a statement for the same, the City shall have the
d- right to place a lien upon the property and enforce the same as
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CM J. The obligations of the Owner as set forth in
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Sections 2G through 2I above are expressly conditioned on
approval by the City of a site plan permitting development of the
property. In the event of approval by the City of a site plan
permitting development that is acceptable to the Owner, the
monies provided for in Sections 2G and H above shall be due and
owing and the obligation of Owner under paragraph..-;2I shall be
deemed to exist immediately upon the expiration, of all appeal*
periods relating in any way to the site plan approval or, in the
event any such appeal is filed, satisfactory completion of
litigation or other resolution of the appeal and entry of a final
unappealable order upholding the site plan and development:..
proposal. Acceptance of the site plan by the Owner will be
deemed to have occurred unless within ten days of the date of
approval of the site plan by the City, the Owner notifies the
JDW00924A/0072.050.003 -8-
City in writing that the site plan approved is not accepted by.
the Owner.
Notwithstanding the foregoing, in the event that the Owner
notifies the City of its nonacceptance of the site plan as
approved, the obligations contained in paragraphs 2G, H and I
shall continue in full force and effect and shall be conditions
precedent to any development permit being issued to Owner or any
subsequent developer of the property.
In the event the Owner shall reject the site plan as
approved, Owner shall have the option to reapply for a new site
plan in accordance with then applicable regulations of the City
or Owner may submit an application for reclassification of the
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YID or Owner may apply to amend this Agreement subject to the time
Qj limitations contained herein.
K. Owner agrees that the property must be developed
pursuant to a master site plan which shall fully and completely
comply with all of the then existing regulations of the City and
the conditions contained in this Agreement. The master -plan must
show the ultimate development of_ the entire. site not including
the recreation easement), including all buildings, anticipated
uses, parking and circulation areas, other major improvements,
buffers and surface water drainage and retention plan. The
foregoing list is illustrative only and not exclusive.
3. At any time following one year after the -date hereof (or
sooner if by mutual
agreement of
the parties), this
Agreement may
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be amended by the
City or the
Owner by filing an
application
JDW00924A/0072.050.003 -9-
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therefore, which shall be considered and heard in the same manner
as a City -initiated quasi judicial rezone of the property. Such
action shall not release the Owner or- the City from any
obligations assumed under this Agreement, unless and until such
amendment has been approved by the City.
4. This Agreement is specifically enforceable by the
parties in equity, and either party may instituted and prosecute
any proceedings at law or in equity -to enforce the provisions of
this Agreement. Each party further agrees to pay all of the
other party's costs, including reasonable attorneys fees expended
by the other party, if it prevails in any such enforcement
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N5. Nothing in this Agreement shall be construed as
M preventing the City of Federal Way from enforcing its O p g Y y g police
powers.
6. This Agreement shall be binding upon all of the owners
of the real property herein described and their heirs, successors
in interest and assigns, and this Agreement shall run with the
land described herein. -
.7. At Owner's expense, this Agreement shall be recorded'
with the King County Department of Records and Elections, and the
terms and conditions hereof shall constitute a covenant running
with the land. All building, occupancy and use permits hereafter
applied for or issued shall be subject to the terms, conditions
and limitations of this Agreement and the applicable ordinances
and codes of Federal Way. Nothing herein shall be construed as
requiring or obligating the City to issue any building, -occupancy
or conditional use or other permit.
JDW00924A/0072.050.003 -10-
8. The Quadrant Corporation, a Washington corporation, and
the Owner of the property which is the subject matter of this
Concomitant Zoning Agreement hereby covenants and warrants that
it has title to the property which is the subject matter of this
Agreement and can and -does hereby bind itself, the property and
subsequent owners thereof to the terms, covenants and conditions
contained in this Agreement.
9. The parties each acknowledge, represent and agree that
they have read this Agreement and the Exhibits attached; that
they fully understand the terms thereof; that they have been
�t fully advised by their legal counsel, accountants and other
CC) advisors with respect thereto; and that they are executed by them
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CC) upon the advice and recommendation of the independent legal
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DATED this day of July, 1990.
OWNER:
THE QUADRANT CORPORATION
By:
Walter P. Costello:
senior Vice President
CITY OF FEDERAL WAY
By:
Br nt McFall
City Manager
JDW00924A/0072.050.003 -11-
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ATTEST/AUTHENTICATED:
City Clerk, Ma ure M. Swaney
STATE OF WASHI TON )
COUNTY OF ss: / )
I certify that I know or have satisfactory evidence that
Walter P. Costello signed this instrument, on oath stated that he
was authorized to execute the instrument and acknowledged it as
the Senior Vice President of THE QUADRANT CORPORATION to be the
free and voluntary act of such party for the uses and purposes
menti.o his instrument.
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day of , 1990.
Q-) STATE OF WASSHINGTON )
COUNTY OF / m G )ss:
NOTC PUBLIL
My d6mmission expires:
I certify that I know or have satisfactory evidence that
Brent McFall signed this instrument, on oath stated that he was
authorized to execute the instrument and acknowledged it as the
City Manager of THE CITY OF FEDERAL WAY to be the free and
voluntary act of such party for the uses and purposes mentioned
in this instrument
. DATED this of , 1990.
My commission expires://9.�
JDW00924A/0072.050.003
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0724/1990 15;(` -ROM FOSTER PEPPERSSHEFELMAN TG 6237789 P.02iO3
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THE LAND REFERRED TO. IS SITUATED IN THE
STATE OF WASHINGTON, COUNTY OF KING AND IS DESCRIBED AS
FOLLOWS:
THAT PORTION OF THE EAST ONE-HALF OF SECTION 19, TOWNSHIP 21.
NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE EAST ONE -QUARTER OF SAID SECTION_19;
THENCE NORTH 87*58105" WEST 1166.05 FEET TO A POINT ON THE
NORTHERLY MARGIN OF THE LANDS DESCRIBED IN DEED RECORDED
UNDER RECORDING NUMBER $501170665, RECORDS OF SAID COUNTY,
AND THE TRUE POINT OF BEGINNING;
THENCE SOUTH 81.45100" EAST 1052.64 FEET TO THE BEGINNING OF
A CURVE CONCAVE T0. THE NORTHW-EST HAVING A RADIUS OF 30.00
FEET;
THENCE EASTERLY, NORTHEASTERLY AND NORTHERLY 44.67 FEET
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 85'18125" TO A
POINT OF CUSP WITH THE WESTERLY MARGIN OF FIRST WAY SOUTH
(FIRST AVENUE SOUTH) AS DESCRIBED IN DEED RECORDED UNDER
RECORDING NO. 7306070524, RECORDS OF SAID COUNTY, SAID POINT
OF CUSP BEING THE BEGINNING OF A NON -TANGENT CURVE CONCAVE
TO THE EAST HAVING A RADIUS OF 850.00 FEET (A RADIAL LINE
THROUGH SAID BEGINNING BEARS NORTH 77.03125" WEST);
THENCE SOUTHERLY 110.67 FEET ALONG SAID CURVE AND SAID
WESTERLY MARGIN THROUGH A CENTRAL ANGLE OF 07'27135" TO A
RADIAL LINE OF SAID CURVE WHICH BEARS NORTH 84'31'00" WEST;
THENCE CONTINUING ALONG SAID WESTERLY MARGIN ALONG SAID
RADIAL LINE SOUTH 84.31100" EAST 8.00 FEET TO THE BEGINNING
OF A NON -TANGENT CURVE CONCAVE TO THE EAST HAVING A RADIUS
OF 842.00 FEET;
THENCE SOUTHERLY AND SOUTHEASTERLY 227.54 FEET ALONG SAID
CURVE AND SAID WESTERLY MARGIN THROUGH A CENTRAL ANGLE OF
15'29'00";
THENCE CONTINUING SOUTH 10'00100" EAST 115.00 FEET TO THE
BEGINNING OF A CURVE CONCAVE TO THE WEST HAVING A RADIUS OF
958.00 FEET;
THENCE SOUTHERLY 186.42 FEET ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 11'08'58";
THENCE CONTINUING SOUTH 01`08158" WEST 528.03 FEET TO SAID
NORTHERLY MARGIN AND THE BEGINNING OF A CURVE CONCAVE TO
THE NORTHWEST HAVING A RADIUS OF 25.00 FEET;
THENCE SOUTHERLY, SOUTHWESTERLY AND WESTERLY 39.26 FEET
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 89'58'37";
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07/24/1990 15i`` RON FOSTER PEPPER8SHEFELMAN T( l 6237789 P.03iO3
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THENCE CONTINUING ALONG SAID NORTHERLY MARGIN NORTH
88'52125" WEST 83.03 FEET TO THE BEGINNING OF A CURVE
CONCAVE TO THE NORTHEAST HAVING A RADIUS THENCE WESTERLY, NORTHWESTERLY AND OF OF 358FEET;
-98 .n0 002 FEET
ALONG 3.1
SAID CURVE AND SAID NORTHERLY MARGIN THROUGH A C ANGLE OF 82'15100'T, ENTRAL
THENCE NORTH 6'37125" WEST 386.46 FEET:.TO THE BEGMXNG OF A
CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 702.00
FEET,
THENCE NORTHERLY, NORTHWESTERLY- AND WESTERLY 920.47 FEET
ALONG SAID CURVE AND SAID NoRnMgLY MARGIN THROUGH A CENTRAL
ANGLE OF 75*0713511 TO THE TRUE POINT OF BEGINNING;
BEING KNOWN AS THAT PORTION OF SOTS 3, 4 AND 5, BLOCK 5,
LAKEWOOD, ACCORDING TO THE PLAT THEREOF RECORDED yN VOLUmE
16 OF PLATS, PAGE 35, RECORDS OF KING COUNTY, WASHING -TON,
LYING NORTHEASTERLY OF THE NORTHWESTERLY MARGIN OF S.W.
CAMPUS DRIVE;
AND THAT PORTION OF BLOCKS 6, 12, 18 AND 24 OF SAID PLAT OF
LAlzWOOD .AND STREETS BETWEEN SAID BLOCK VACATED BY KING
COUNTY ORDINANCE NO. 3465, RECORDED UNDER RECORDING NO.
7711070558 AND AS VACATED BY KING COUNTY ORDINANCE NO. 7692,.
APPROVED JIILY 13, 1986, LYING NORTHERLY, NORTHEASTERLY AND
EASTERLY of THF. WEST MARGIN OF SOUTHWEST CAMPUS DRIVE, AND
WESTERLY OF.THE WEST MARGIN OF I.ST AVENUE S.W.
SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON.
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