Exhibit C. First Amendment to Concomitant Zoning AgreementExhibit C. First Amendment to Concomitant Zoning Agreement
FIRST AMENDMENT TO
CONCOMITANT ZONING AGREEMENT
This First Amendment to Concomitant Zoning Agreement (this "First Amendment") is dated for
reference purposes , 2023, and is made and entered into by and between the
CITY OF FEDERAL WAY, a non -charter optional municipal code city incorporated under the
laws of the State of Washington (the "City"), and WINCO FOODS, LLC, a Delaware limited
liability company ("Owner").
RECITALS
A. The City and Quadrant Corporation, a Washington corporation ("Quadrant") were parties
to the Concomitant Zoning Agreement dated July 24, 1990 (the "Concomitant Zoning
Agreement"). The Concomitant Zoning Agreement concerns a certain property as described in
Exhibit A of the Concomitant Zoning Agreement, which was subject to subsequent binding site
plan and boundary line adjustments, and which is currently legally described as follows:
IOTA of City of Federal Way Boundary Line Adjustment No. 13-104768-00-SU,
recorded December 24, 2013 under Recording No. 20131224900009, in King County,
Washington.
LOT B of that certain Boundary Line Adjustment No. 13-104768-00-SU recorded on
December 24, 2013 in Volume 305, Page 78, as Instrument No. 2013224900009 in the
official records of King County, Washington.
LOT C of that certain Federal Way Binding Site Plan No. BSP97-0001 recorded on
November 20, 2000 in Volume 141, Page 280, as Instrument No. 20001120900005 in the
official records of King County, Washington.
LOT D of that certain Boundary Line Adjustment No. 13-104768-00-SU recorded on
December 24, 2013 in Volume 305, Page 78, as Instrument No. 20131224900009 in the
official records of King County, Washington.
Subject to Non -Exclusive easements contained in Declaration of Easements and
Conditions, recorded April 24, 2000 under Recording No. 20000424000088 and
amended by first amendment to Declaration of Easements and Conditions recorded
November 29, 2000 under Recording No. 20001129000245 which was Re -Recorded
January 10, 2017 under Recording No. 20170110000377 and as further amended by
Second Amendment to Declaration of Easements and Conditions recorded February 22,
2017 under Recording No. 20170222000604.
B. The City passed Ordinance No. 91-99, by City Council approval on June 4, 1991, with an
effective date of June 12, 1991. This ordinance was for rezoning an approximate 14 acres site
from a Single -Family Residential (RS 9.6) zone to a Community Business (BC) zone with
conditions: 1) On -site mitigations sufficient mitigate all impacts of the development; 2) Off -site
drainage mitigation measures at the maximum level anticipated within the terms of the
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Concomitant Zoning Agreement; and 3) All other development conditions, and/or obligations,
and/or terms as contained in the Concomitant Zoning Agreement.
C. WinCo has requested to amend the Concomitant Zoning Agreement, and specifically
Exhibit A to the Concomitant Zoning Agreement identifying the property subject to the
agreement, to remove the applicability of the Concomitant Zoning Agreement to the property
located at 160 SW Campus Drive, parcel number 415920-0710, as legally described as follows:
LOT A of City of Federal Way Boundary Line Adjustment No. 13-104768-00-SU,
recorded December 24, 2013 under Recording No. 20131224900009, in King County,
Washington.
D. The Concomitant Zoning Agreement, per Section 3, allows of the agreement to be
amended by the City or the Owner by filing an application 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 of the City from any obligations assumed under the
Concomitant Zoning Agreement, unless and until such amendment has been approved by the
City.
E. A City initiated quasi-judicial rezone is treated as a non -project -related rezone and
conducted pursuant to procedures of a non -project -related Process V "Quasi -Judicial Rezone" in
accordance with the City of Federal Way Revised Code 19.75. Process V land use applications
require a public hearing in front of the Hearing Examiner, and written recommendation from the
Hearings Examiner and final decision from the City Council.
AGREEMENTS
The City and WinCo Foods, LLC agree to the following:
1. Amendment to the Concomitant Zoning Agreement. By way of application and approval
process for a City -initiated quasi judicial, non -project -related rezone of the property,
Exhibit A to the Concomitant Zoning Agreement is amended and replaced in its entirety
with Exhibit A-1 to this First Amendment.
[Signature page follows]
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IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to
Concomitant Zoning Agreement as of the date set forth above.
CITY:
City of Federal Way
By: _
Name:
Title:
OWNER:
WinCo Foods, LLC
By:
Name:
Title:
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EXHIBIT A-1
CONCOMITANT ZONING AGREEMENT AMENDED LEGAL DESCRIPTION
LOT B of that certain Boundary Line Adjustment No. 13-104768-00-SU recorded on December
24, 2013 in Volume 305, Page 78, as Instrument No. 2013224900009 in the official records of
King County, Washington.
LOT C of that certain Federal Way Binding Site Plan No. BSP97-0001 recorded on November
20, 2000 in Volume 141, Page 280, as Instrument No. 20001120900005 in the official records of
King County, Washington.
LOT D of that certain Boundary Line Adjustment No. 13-104768-00-SU recorded on December
24, 2013 in Volume 305, Page 78, as Instrument No. 20131224900009 in the official records of
King County, Washington.
Subject to Non -Exclusive easements contained in Declaration of Easements and Conditions,
recorded April 24, 2000 under Recording No. 20000424000088 and amended by first
amendment to Declaration of Easements and Conditions recorded November 29, 2000 under
Recording No. 20001129000245 which was Re -Recorded January 10, 2017 under Recording No.
20170110000377 and as further amended by Second Amendment to Declaration of Easements
and Conditions recorded February 22, 2017 under Recording No. 20170222000604.
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