12-103520 AND 11-1029680
i
cirY of CITY HALL
33325 8th Avenue South
Federal Way Federal Way, WA 98003-6325
(253) 835-7000
www.cityoffederalway.com
August 14, 2012
Mr. John Hatcher
Federal Way Community Council FILE
31811 Pacific Highway South, Suite B-354
Federal Way, WA 98003
Re: File #11-102968-00-UP; PROCESS I TEMPORARY USE APPROVAL
Northwest Sand Festival, 2001 South 320th Street, Federal Way
Dear Mr. Hatcher:
The Department of Community and Economic Development has completed review of the Process I
Master Land Use application submitted July 31, 2012. The city hereby approves the temporary use
permit to conduct a sand sculpting festival known as the Northwest Sand Festival at 2001 S. 320`h Street.
The event will take place August 15, 2012 through September 6, 2012. Staging and development of the
site will begin August 13, 2012; with cleanup of the area beginning September 6, 2011. The remainder of
this letter outlines the temporary use approval conditions, decisional criteria, and findings of fact.
CONDITIONS OF APPROVAL
1. The applicant shall contact SWM Inspector Michael Brewer at 253-835-2759 for a catch basin
protection inspection prior to the delivery of the sand. The applicant shall also schedule an inspection
with Mr. Brewer following cleanup of the event. Catch basin protection in the form of geotextile
inserts shall be provided for all onsite catch basins. Protection measures shall be inspected daily. The
applicant shall also provide the name and contact information of the vactor service contracted to clean
up any spills associated with the event. Final cleanup shall not include washing sand into the catch
basins, but shall consist of sand removal, followed by vacuum sweeping. Mr. Brewer will determine
during final inspection if vactoring of the catch basins/pipe is required. If the contractor fails to clean
the site, the property owner shall be responsible for cleaning the site as described above.
2. Remove all signage by Wednesday, September 8, 2012.
3. Site shall be returned to its pre -event condition by 5:00pm, September 16, 2012.
4. If the west mall driveway from South 324`h Street is closed, a notice sign shall be placed along South
3241h Street to notify drivers. Barricades shall be placed so as to be visible to drivers before entering
the driveway.
File 912-103520-00-UP Doc LD. 61891
Mr. John Hatcher
Page 2 of 3
August 14, 2012
5. An electrical permit is required for any onsite generators. All tent poles, fences and other metal
components must be bonded and grounded back to a power source. This issue shall be addressed in
the electrical permit. The festival may not open for business until the electrical permit has been issued
and the inspection passed.
4 V V, r
FINDING% OF FAA:T
1. The comprehensive plan and zoning designation of the subject property is City Center— Frame (CC-
F). Outdoor competitions and festivals are not permitted uses listed in Federal Way Revised Code
(FWRC) Chapter 19.230, "City Center Frame." FWRC 19.275.03 allows fairs, festivals, and similar
events to occur on a temporary basis in any non-residential zoning district.
2. The department has determined the temporary sand sculpting event meets the definition of a Class I
temporary use as the event is analogous to a community festival and therefore, is eligible for approval
via Process I — Director's Approval.
3. Catch basins will be protected via geotextile type inserts installed above the grates. The protection
measures will be inspected daily and cleaned/repaired as needed.
4. A signed statement (lease agreement) by property owner, Steadfast Commons H LLC, has been
submitted as a component of the temporary use permit application. The document provides written
authorization from the property owner for the proposed activity.
5. Event structures (excluding security fencing/barricades) will be set back a minimum five feet from
external property lines.
6. Adequate parking exists on the mall property. The applicant should provide signage and other
methods to encourage customer parking on the mall property rather than on adjacent properties.
7. Signage is permitted under separate permit (file #12-103566).
CONCLUSIONS
Class I temporary uses shall be reviewed by Community and Economic Development and a decision shall
be issued under Process I — Director's Approval. The following analysis is in response to issuance criteria
set forth in FWRC 19.275.050.
1. The proposed temporary use will not be materially detrimental to the public welfare or injurious to
the property or improvements in the immediate vicinity.
Catch basins will be protected from erosion. The event organizer will be responsible for returning the
onsite and offsite facilities to pre -event condition. The city will "hold back" sponsorship funds
allocated to the applicant by the Federal Way City Council as a performance guarantee.
2. The proposed temporary use is compatible with existing land use in the immediate vicinity.
The city center location of the sand sculpting event is compatible with surrounding retail, transit, and
multi family uses in the immediate vicinity. Hours of the competition are similar to typical retail
File 812-103520.00-UP Doe- I.D. 61891
Mr. John Hatcher
Page 3 of 3
August 14, 2012
hours. The temporary use is also consistent with Federal Way Comprehensive Plan goals as the
community festival provides a central gathering place for citizens within the city center.
3. The proposed temporary use will provide a benefit to the residents of the city which outweighs any
undesirable effects of the proposed temporary use.
The sand sculpting event is projected to provide a boost to the local economy via goods and services
purchased from Federal Wav's businesses. The event provides outdoor entertainment to the city's
residents within an area the Federal Way Comprehensive Plan describes as, "...the cultural, social
and economic center of the City... "
ADDITIONAL PERMITS
This Process I Temporary Use Permit does not grant approval of electrical, fire district, or other agency
permits that may be required for the event. For questions regarding electrical permitting please contact the
Permit Center at 253-835-2607. South King Fire and Rescue may be contacted at 253-946-7248 for
questions regarding the fire permit.
APPEALS AND FURTHER INFORMATION
The effective date of this decision is August 14, 2012. Pursuant to FWRC 19.55.050, any person who
commented on the application or requests a copy of this administrative decision may appeal the decision
to the Federal Way Hearing Examiner by August 28, 2012. Any appeal must be in the form of a letter
delivered to the Department of Community and Economic Development with the established fee.
As you are the only party of record, you may waive your right to appeal this decision. No work on the
proposal may begin until the end of the appeal period or receipt of your waiver and building permit issuance.
This land use decision does not waive compliance with future City of Federal Way codes, policies, and
standards relating to this development. If you have any questions regarding this decision, please contact
me at 253-835-2643, or isaac.conlen@cityoffederalway.com.
Sincerely,
Isaac Conlen
Planning Division Manger
for Patrick Doherty, Director
enc: Approved Site Plan
c: Scott Sproul, Plans Examiner
Ann Dower, Senior Engineering Plans Reviewer
Will Appleton, Surface Water Manager
Michael Brewer, SWM Inspector
Chris Ingham, South King Fire & Rescue
Steadfast Commons II, LLC, 1928 South Commons, Federal Way, WA 98003-6013
Filekl2-103520-00-UP Doc ID 61891
POLICY ML_��IORANDUM REl�:IO/ED
AUG 13 2012
CoMM _ NS
CITY OF FEDERAL WAY ATFFOEMLWAY
CDs
DATE: 8/13/2012
TO: THE COMMONS TEAM
FROM: ERIC MATTISON
RE: WATER QUALITY PROGRAM
This policy applies to all persons performing work at The Commons at Federal Way and sets forth the minimum standards for water
quality protection.
The Commons at Federal Way has been designated as a Wellhead Protection Area because the property sits on several wells that feed
the local water supply system. In addition, The Commons has been designated as a property that has the ability to haves high
potential impact on the water supply fit our local community. In other words, contamination that starts at The Commons will likely
impact local water supplies. In an effort to protect out local resources and in cooperation with our local utilities, the following
policies are put in effect immediately:
1. All spills of oil, grease, food waste oil, paint, solvents or other contaminants covering an area larger than a dinner plate will
be coated with absorbent and removed after two hours of soaking time and disposed of in sealed compactors or as
designated in the appropriate MSDS.
2. All spills of oil, grease, food waste oil, paint, solvents or other contaminants covering an area larger than three square feet
and which appear to be spreadable due to ongoing leakage will be cordoned off by absorbent socks and covered with
powered absorbent. All materials will be removed and disposed of in a sealed compactor at the earliest possible time.
3. No solvents, oils, paints or similar contaminants will be dumped in any drain, inside, outside or in any parking lot catch
basin.
4. Parking lot catch basins in trash areas will be equipped with drain socks which will be changed out every 6 months or more
frequently if they become clogged or torn.
5. Pressure washing solvents will be biodegradable.
6. Debris and silt will be dumped into compactors, not onto the parking areas.
7. The property management team retains MSDS books on all materials used on the property. Staff members will be made
aware of the materials they are using, correct cleanup methods and the appropriate method of disposal for excess material.
8. Contaminants used on the property should have MSDS forms filed with the management office. It is the responsibility of
every manager, vendor and contractor to ensure that all materials have current MSDS information filed with the
management office.
9. Security and maintenance vehicles will carry one container of absorbent.
10. One large spill containment locker will be maintained by maintenance, ntventoried and re -stocked every six months or as
needed.
11. All Steadfast personnel, contract staff and construction vendors will sign this memorandum as understanding and
complying.
It is impossible to foresee every possible scenario with respect to contamination. Compliance is merely a first step towards
maintaining a pristine environment for ourselves and others. Wellhead protection is a team event which everyone plays a part in
through awareness and thoughtful participation.
In signing this statement, I agree to abide by the minimum standards set forth and to the spirit of those standards. I understand that violations of this policy
will be met with arr immediate a it to minimise damage and correct the immediate problem. I fnrtber understand that failing to follow this policy may result
in punitive action :p to and removal from thegrope , rr rindin f related contracts and potential temsination of employment as applicable and
appropriate.
Name: 1 A Signalr+r . Dater — / l Z
4/20/2011 Policy Memo: Water Quality Program 1 of 1
RECEIVED
STEADFAST COMMONS II, LLC
AUG 13 2012
The Commons at Federal Way
LICENSE AGREEMENT
CITY OF FEDERAL WAY
NON CART
CDS
Control T.
12-0903PLot
Dale Prepared: 11-Aug-12
Prepared By: A.E.P (PRI)
LICEPJSE
John Hatcher
DBA or" -ace i, me
Federal Way Community Council (Sand Sculpting)
Contact ..ar.a-
Jo'r.,n Hatchet
Aedress:
31811 Pacitic Hwy S. B-354
Federz! '•Aiay, VVA 98003
Busi ess ; aec one he
253-352-0'25
.IF:" No._
253-850-2744
iMo'oi:e 1 e a,,3; c:.e No
253-261-6535
Eoma e'.aG`.Gra I,Ic..
NA
PREiMlS �.
NON CART
LICENSE AGREEMENT
Tnis _ca -,.a �,Imeneot I'L;csnsa",
s made as of.
08111112 by and between
Steadfast Commons II, LLC dba The Commons at
Feces'. ;'..a rau:deer referreG
;c as (' Licensc.) and
John Hatcher
hereinafter referred to as ("Licensee").
RECITALS
,`:EREAS Licensee desires to enter onto The Commons at Federal Way for the purpose of conducting business from a unit to be
ocalec in the approximate area within The Commons at Federal Wav depicted on Exhibit "A" ("Location"); and
1._R='.� _;censor �s doll:: •g to gran: L,censee a nonexclusive privilege to operate the unit subject to the terms and provisions of this Agreement and the Rules and Regulations set forth in
_aes.nc ,Ve;c,:ant ?Manua: attached as Exhibit "B" hereto..
JI" -FOR' "censer haracy grants and Licensee hereby accepts a non-exclusive, revocable license to operate Licensed Area, subject to the terms and provisions hereinafter set
rar..-.
WITNESSETH
in cocsidera::or: c me payment of the rents and the performance by Licensee of the covenants, terms and conditions herein on the part of Licensee to be kept and
perc: me _ ce "Or nsre. ', g.1an-,s to L censee a non-exclusive license to enter upon and use
on is =1 .n o? The Commans a Federal Way approximately 5 Acres square feet, and identified as location Out Lot 6 on the "Site
Plan" at;Ecre ierc:o as Enibit (Goa License Area") durng the Term (as defined below) solely for the Permitted Use (as defined below). Project
is the sl:a ace rrorcva,r.ents ecaied c: The Commons at Federal Way located in Federal Way, WA
c3n..ro. Tne CQ nmonz at. Federal Way and Licensee expressly understands and agrees that it shall have no right to any particular
ICGaI•� - : •e The Cor:sons at Federal Wav
The --xa-- c::.,o:: Gf :.e Lc catior...may in Licanso's sole discretion, be changed at any time for any reason. In addition, unit locations, due to special events, may be periodically eliminated
or a :Desk I _ase wens ,ay also oa se the close of operation of the Unit Location on a temporary or permanent basis. Said closure may require removal of the unit to a storage area;
Lice so..s ...,;_ e f:; ;:.y carnage occ„rnng from me hove: including but nct limited to merchandise, display or other items in Unit. In addition, in said event, Licensor shall not be responsible
o L;ces::e ca, aye oue ro :he in: rrco::on of ;Is business, including lost profits, general, special or punitive damages.
1. ; CJn'C',9UOLS Caarztior,. Licensee shall use the License Area for the operation of a NON CART for the purpose of:
cnzl ;i ..Si`_.' SanC ScJ!y30: Compe0ou and reiated events,10 food yendoza, 30 arts and crafts vendors and live music on weekends
a c,ce' pzorjsa (i-.e 'Perrna;ad use") cncer the trade name Federal Way Community Council (Sand Sculpting) (the "Trade Name").
__.a e _, •sa Area for any p4.,pose or aurposes other than the Permitted Use or operate under a trade name different from the Trade Name. Licensee shall
:y c -, e . ace v..shout intar,,.pon operate its business in the License Area except while the License Area is unlenantable by reason of fire or other casualty,
_ _I�ei:see wall at all times keep and maintain within and upon the License Area an adequate stock of merchandise to service and supply the usual and ordinary
ace of L:ce:�see's customers,
STEADFAST COMMONS II, LLC
S =::c apol cable ia'a -cer:saa s.-.all ma,main the following hours of operation:
o .c y :.rough SstcrdaV - 50:00 a.m. to 9:00 p.m.; Sunday - 11:00 a.m. to 6:00 p.m.
Rc- s _.r s"r;am to :na.nge ihrougncur :he year and are extended during the holidays. Licensee will be given advance notice and must adhere to all Mall hours, A J50.00 fine may be
r$or any store opening late or closing early and a 250.00 fine for a store not opening for the entire day. This includes the Licensee ceasing operation prior to the
ex �aS,:! or the i;canse zgreemen6 In order for a store to be considered open, the gates must be up, the lights must be on and an employee must he present and able to
aES:._: c. storners. Any store in at noes not meet these criteria will be fined accordingly. Licensee shall, during such hours, diligently carry on the business of the Permitted Use in the
Soc e
2. c.. _ ..ei.aaon and Rsloca;:en. The Term ("Term") of this License shall commence Augast13i 2012
-:ence r.z a;e") and sr.c i expire September 7, 2012 the ("Expiration Date"); provided, however, that Licensor
c-;o, exe.,C:Ss la a; any nnr curing the Term and for any reason upon twenty-four (24) hour advance written notice, to cancel this License Agreement or relocate the
the Proiec:
3. ._j Depcsit, LIcensor hereby acknowledges receipt of NIA from Licensee as a security deposit to be retained by
--s sac: d ' lne failr.0 :•a. �c:mance of all covenaws, conditions, and agreements of Licensee under this License Agreement. The security deposit shall be held by Licensor
:r I Jl .eras[ as secer,.:y for.!censee s perrorn-ance of is obligations under this License and to repair any damage to the Sales Area/Licensed Space. Licensor may, at its
"a se"....y ceocsil o, acy portion thereof, to any overdue fee or other sum due by Licensee hereunder, to make repairs to the Sales Area (including without limitation after
c: ; _ , re r- a tc pav ,or i.ne cos! of any ot, er duty to be performed by Licensee. Licensee shall replenish any portion of the security deposit applied by Licensor within two
s cays T.- not:ca ,rom _icecsor in ercer io restore the security deposit to its original amount. If Licensee has not defaulted under any terms of this License, the unused portion of
a ; .,epc� : sr.a!I be rzrl:.ldec :o Lice isee within Ihirty (30) days after the termination of this License. Licensor's right to apply the security deposit as described herein is in addition to
-s:es avaCable io
4. V:t -. char. Se: Licensee shall be assessed a fee NIA due upon Licensee's execution of this License Agreement,
eC far the sar,;ces of a Visua! Merchandiser, The Visual Merchandiser shall provide advice and assistance to each Licensee in the areas of signage, window
'.-a ccs: of signage, props, suopSas and other materials recommended by the Visual Merchandiserto accomplish the recommendations of said Visual
d ct x .cc',.cad .n..:he 'aa as herein noted. The cost of said signage, props, supplies and other materials shall be the sole responsibility of the Licensee. This Visual
0p[Ional
5,---.—'-• - Licensee shall be assessed a fee $5,500.00 due upon Licensee's execution of this License Agreement,
Jlir;:,l rr. License Fee. A minimum fee ("Minimum License Fee") shall be payable by Licensee to Licensor for each
_er ,c nlic -t� o :;cr' oc [`ereof, during the Terni in the amount of (see fee structure below) in the following respective amount:
T,=.rnrt
Minimum License Fee
Fee Due Date
2:ivary-12
$0.00
January 1, 2012
-eoruary-12
$0,00
February 1, 2012
$0.00
March 1, 2012
narii-12
$0.00
April 1, 2012
May-12
$0.00
May 1, 2012
.na-?2
$0.00
June 1, 2012
wy-12
$0.00
July 1, 2012
P,ug�st-12
$5,500,00
August 16, 2012
Szc;z ricer-12
$0-00
September 1, 2012
Ociooer-12
$0.00
October 1, 2012
Novemcer-12
$0-00
November 1, 2012
Decorncer-12
$0.00
December 1, 2012
•la �.. - .:i i.:C ',:,SiS;Ir:9elitS. L•,staliment one of $1,000.00,
is due on 13-Aug-2012. The second installment
of $4,500 is due on 25-Aug-2012.
r-m+ +-afine-ei, v J �' A. 0S .,. RS de v6GA c9.F_..N R ,.�.-..r „se 01 the �a�--tU.a.-i �r;..AAY
-- - - - - - iq n C rshall! 4•u•. nl nwin the nA Arnww w�� IWL m r n n c �:k,
ra5 RW&W4eF&A%W—A*.�
c-ro�..m'+n}FI r}� �LOS.'... I+v %— �... far.... f]..wl f'xRa
art+.
1
STEADFAST COMMONS II, LLC
3, ?zre.ttGge License Fee. In addition to the Minimum License Fee, a percentage license fee ("Percentage License Fee")
sna!I be ayan!a ny Licensee to L:censor for each month, or portion thereof, during the Term in an amount equal to IU%
c, ;ha gress rac=cots from all sources ar'sing from or resulting in or from the use and occupancy of the License Area and/or the ibusinesses and activities conducted
by Lice,�see ir, or from Ina Licensed Area. The Percentage License Fee shall be paid for each calendar month on or before the Fifth (5lh) day of the next
s.;cceed,ng caiencar mcntn as scheduled below. The "Break Point' for any partial month will be pro -rated accordingly.
Month
Percentage
Breakpoint
January-12
10.00%
$0.00
February-12
10.001%
$0.00
March-12
10,00%
$0.00
April-12
10.00%
$0.00
.May-12
10.00%
$0.00
J6ne-12
10.00%
$0.00
July-12
10.00%
$0.00
A,gusl-12
10.00%
$0.00
Seplember-12
10.00%
$100.000.00 "FOR TERM OF AGREEMENT"
Ocio'oer-12
10.00%
$0.00
Ndvernber-12
10.00%
$0.00
Decamoer- i 2
10.00%
$0.00
;-a sn�. i:', ,o L i�ersc fc: aacr, calendar mcnth, concurrem with the payment of the Percentage License Fee for such calendar month, a detailed statement of Licensee's gross
;non;: a 3r: v it Z-tapes from you register (ii) record at the time of sale, in the presence of the customer, all receipts from transactions whether for in a cash
c.`, es a r. -..,a;rJa tcta: anc : nicn '.umbers consecutive purchases, (Li) keep full and accurate books of account and records and all such cash register receipts with regard to
c z cer. aia co,,ra :.00 wish the operation or Licensee's business from or upon the License Area, and (iv) permit Licensor, or any of its officers or agents, to enter upon the
d.;; �g to es; ncurs and examine the cash register, or registers, and all books of account, tax returns and other records kept by Licensee and any and all facts
cerse ee is to be determi.red_ Such statements shall be reported on sales report forms provided by Licensor and shall be submitted no later than
�rc: .e Percentage Licelse Fee.
ur.,I o L re,:.•az s g:oss receipts determines an uneer-reporting of two percent (2%) or more by Licensee, Licensee shall pay the cost of the audit to Licensor upon
.'..is gross selling, rental or !ease price of all merchandise or services sold, rented or leased in connection with the operation of Licensee's business, on
c .nr »as t or on crec; (each sale upon installments or credit shall be treated as a sale for the full cash price at the time of sale) and whether made by store
ar y Ina fc',o',ung: (i) returns, discounts and allowances made in the usual course of business, including cash refunds and allowances to customers (but
o, s:y repecac as car, of the gross receipts), tii) goods returned to sources, or transferred to another store or warehouse owned by or affiliated with Licensee for the
..a a,o not V r,a c,irpose oT cc.isumma;ing a sale made at the License Area, and (Ifi) sales taxes, consumers' excise taxes, gross receipts taxes and other similar
c ::' O lac „rcn the sale of merchandise or services, but only if collected separately from the selling price of merchandise or services and collected from customers.
.,_: _ . ,,zy ::-,e(i L. s:.v sums Nayab)e uneer &his License; or (b) Licensee breaches any provision of this License, then Licensor, at its sole option, will have
n i .: -:r. _er : pis Liccnsz imm ediztely due and payable including but not limited to all future Minimum License Fee installments.
;,;:_'=' G: I sales repans end corres ondar, es shall be mailed or d livered to:
r'RI
12044 Hoffman St. PH#r3
Studio City, CA 91604
:e sas',;;!s is comply w;lh the rule or regulations in accordance with this Agreement as set forth and attached herein, Licensor, in its sole and
..�...i _;.,.�,..:. .... u $50.00 per occurrence or until compliance has occurred. A copy of the Rules & Regulations is attached herein.
_ cansze e:," is &Moicyees are empowerec and privileged to use the parking and common areas in common with other persons during the term of this Agreement,
inat employees shall park only in designated parking areas and that no overnight parking is allowed. If Licensee or its employees fails to strictly
e ces;cnatad car.;ing areas more than two (2) times during the license period, then, in addition to any other remedies that Licensor may have, License
to ay icenscr or, demand a fee as liquidated damages equal to 'l4,M per occurrence thereafter in which Licensee or its employees fails to park in said
_-JnErc areas.
toe ienrc of mis Agreement Licensee shall continuously and uninterruptedly operate its business during the hours of
z L:canse ,rea on The Commons at Federal Wav
„�a aslnctions. F.!I merchandise and signage will be of a wholesome nature_ In no event may Licensee use the License Area as or for the sale of (i)
c _ nancaa, ;ii) ceuntedif or replica product of a branded good or product, (i,Q a flea market, (iv) a so-called "head shop' or facility for the sale of drug
a ;acF:iiy for the sale or dsplay of pornographic material, (vi) off-track betting, (vii) a carnival, (viii) a fair, (ix) auctions, (x) shows, (xi) of fireworks,
cc!'.c :•a :.� ga:r,es o' chance (xm) a pawn shop, (xix) a bingo hall, and (xv) a business which creates strong, unusual or offensive odors, fumes, dusts or vapors,
senca emus noise or sounes which are objectionable due to intermittence, beat, frequency, shrillness or loudness, or creates a hazardous condition.
STEADFAST COMMONS 11, LLC
eensee 2gres to abide cy a,i R,nes and Regulations established by Licensor, as determined by the sole discretion of Licensor, as [he same and may be amended
c : re, �ccluc.ng, but not limited [o the following: (See Exhibit B)
ejfher Licensee nor its agents, employees or representatives shall solicit or distribute any materials from the License Area unless such
acoviTy isperformed in accordance with Licensors procedure for the same and has been approved in advance by Licensor;
f•�i . cens2e shall secure a!i necessary permits, authorizations and approvals which may be required, and shall at all limes comply with all
gcvammentai rules, regulations• ordinances, statutes and laws now or hereinafter in force
penaimng tp The Commons at Federal Way and Licensee's use thereof, and shall provide
r,censor wdh copies of same;
;.; L;cansae snall not use the name of The Commons at Federal Way on any merchandise or
-.2ny advemsament without first procuring the specific written approval of same from Licensors which may grant or deny said approval in its
sdje d,scraron:
,, ucansee sr.al! maintain the Unit Location in good condition and shall keep the area in the immediate vicinity of the Unit Location clean and
Jae of rubos'n and debris and shall deposit trash and rubbish only within the receptacles approved or provided by Licensor: and
;ond,,ot 2c:!viJes at the unit Location in a lawful and tasteful manner, consistent with a first-class shopping
:ectar such as The Commons at Federal Way in accordance with the Rules and Regulations
se: foCn here,n.
10. nr.,o Cacc: s gnagc- s,o cecor to oe claced on or acoui the Unit Location or used by Licensee shall be manufactured and displayed in
cgr2::r eeve!ooed by Licensor, as the same may change from time to time. No -sign or_decor shall be displayed without prior written aaaroval of
'te J s ^ct :o be 2tiached to ine un,', in any way by nails, screws, staples, etc. Licensor will require Licensee to use a Visual Merchandiser selected by
L_......c� , 1'e!5 sl ano expense.
11, Sva. L_�:,rsec wall o:ccure ano continue in force from and after the date Licensee takes possession of the License Area and continuing
ci ean,.a; :; rrr. natioe c' Ihus 'License Agreement, (i) comprehensive broad form general public liability insurance against claims and liability for personal injury,
-ace al :c,g -Jr. Ma Lr,e occuo: ncy or condition of the License Area, Licensee's trade fixtures and any abutting public fight -of -way, which insurance shall provide
acf,o:: o r:rasf Fiva f4,.hcr, Dollars (55,000,000), per occurrence, for bodily injury ordeath to one or more persons, and combined single limit protection of at least
ccc..«er.oe or oropeny carnage comprehensive general liability insurance in the amount of Fifty Million Dollars ($50,000,000), and (ii) workers
a rr. sai_.T.:,rp ttao!i.iv iC s, ompreltensive oroad form general public liability insurance policy shall be issues by an insurance company licensed [o do business in
` nt `tasnin ¢ca w,M a current Sests Financial rating of A:6 or better or otherwise acceptable to Licensor.
_.: to c :a cf nsura:ce evidencing such insurance p or to trip date Licensee commences use of the License
'1 u _ _ Steadfast Commons Il, LLC, dba The Commons at Fedeal Way, Steadfast Commercial Management Company, Inc
... _2^celea or amended except upon thirty (30) days written notice to Licensor.
Licensee shall (i) maintain all trade fixtures and equipment placed in the Licensed Area in good condition and
c Ua.ti as rr. a .lean anc sar.lar, condition, free from obnoxious odors, (cl) comply with all laws, ordinances and regulations, including such non-discriminatory
.c,.: r'.co `ad ,v L:cersor :rcrr 5me ;o time'or the Project, applicable to the conduct of business in the License Area, (iv) keep the License Area free of any
c;aea! r a, -ne Licensee may store and use legal consumer products which contain hazardous or toxic substances provided that the substances are stored,
cccrceac entr. !ne ape!r•_ab:e Iar=;, (v) rci o rmit commit or suffer any nuisance or waste in, to, or upon the License Area, (vi) upon termination of the License
:n as good condition as at the commencement of this License Agreement, ordinarywear and tear excepted, (vii) maintain all
_'a display equipment) and other property of Licensee, its employees and agents,
�L-ea so as not to ntedere witn visjblily or access through the Project orto and from the premises of any merchant in the Project, Licensee shall permit
" y Ana ', inspect the same, make repairs, and attend to any other business which Licensor may have thereon; provided, however, that (i)
;s f;;,ies 2s To the conction of the License Area, (ii) Licensor shall be under no obligation whatsoever to make any improvements, replacements, or
„-r_aSs.,V12jves any previsions of law respecting the condition of the Project or the License Area. All trade fixtures (including display
;as,cr:a, 0::a67 a.-.e place a o specifications therefore must be approved by Licensor in writing prior to the Commencement Date. Licensee shall not
_, ... neeF,. y 2::e: ;uc -s 2ddiliois or improvements in, on, or to [he License Area, any improvements located thereon or any of its trade fixtures (including display
ivniia,,vnseni of Lice:spr
13. licensee snai: indemnify, hold harmless, and defend Licensor, and all related parties from and against any
anc e,c• s2s,:ndur,!ng o.ft not limited to, attorney fees and costs and the fees and costs ofother professionals in connection with (i) loss of life,
:zclg .,om or out o Tne occupancy or use by Licensee, its employees, agents and/or customers, of the License Area or any part thereof, (ii) any
ih:s L•censc Agreement, and (,.) any and all damages to the License Area and/or Project caused by Licensee, its employees, agents and/or
s c ey cr ;.rsr ; Yon- the installation or removal of property in or from the License Area.
STEADFAST COMMONS II, LLC
14, -.ts I-,oe^se. Ayreemen: and the rights of the Licensee hereunder shall be subject and subordinate to any deed of trust or
are r:c,v or dry uime hercarter may be placed as a deed of trust or mortgage upon the Project or the License Area (such deed of trust or mortgage being
;.:; •_ .rrn:c ye ; sna :. _' rep.acament, renewal or extension of any such mortgage. Any such mortgage shall, for the full amount of principal at any time advanced
ircarast, ne prior a::d paramount to [his License Agreement and to the right of Licensee hereunder and all persons claiming through or under Licensee or
a -, .sa Area ..ce rsaa, on Licansae's behalf and on behalf of all persons claiming through and under Licensee, covenants and agrees the Licensee will from time to time,
,_. _ . r-cutz . na aeuve a;:y necessary or proper instruments or cedifcates acknowledging the priority of the lien or charge of such mortgage to this License
;.`:-!s License Agreement tharero
15. ,s 'Liter ze Agreement and the license granted 'hereby is personal to Licensee and shall not be assignable,
git to se of Ina _,tense Area or any part thereof be sublicensed, mortgaged, assigned, hypothecated or transferred, in whole or in part, whether
:.. ,- c::arrpt to scbLcense. assign, mortgage, hypothecate or transfer this License Agreement or the license granted hereby or any interest or any right
a ., oa: effact and snap constitute an incurable default hereunder,
-e. tn•; tahnle or any portion of the License Area shall be taken under the power of eminent domain, all damages awarded
Icr tre -o!a c cart cf the Licacse Area. shall belong to and be the Property of Licensor, provided, however, that Licensor shall not be entitled to any award
:e '_ tense,=.'s trace :;xtures or Licensee's merchandise. Except as otherwise expressly agreed to herein, Licensee hereby waives the full amount of
:,a )es any arc aii rights to claim any such damages or award of damages from Licensor based on the loss of any goodwill by Licensee. A voluntary
cca, o'.,,I;c cosy agency or person, corporate or otherwise, having the power of eminent domain either under threat of condemnation or while
,na:l be eemed to be a taxing by eminent domain for the purposes of this paragraph.
17. .._...., c.ces raec.asts, oemanus and other communications under this License Agreement shall be in writing and shall be deemed
w _ tte':ale c sa-,.ce T serven personally on the party to whom notice is to be given, (ii) the date of actual or attempted delivery provided such attempted delivery is
=etc 2I -xo css=xp:ess Mai! cr another like overnight delivery service, or (iu) the date of actual delivery as shown by the addressee's registry or
' e c d , ous,oess c'ar a�.er the date of mailing, whichever is earlier, if mailed to the person to whom notice is to be given, by first class U.S, mail, registered or
a.. ,t 'ecuesleo anc procerly addressed as follows (or to such other address as either party may from time to time direct by written notice given in the
_.car.;:;r. Siaadfast Commons 11, LLC
,.71\1; Cindy Stanlcy-Lee
'328-13 S. Cornmocs
Feow al Way, NA 98003
is _:c.=.r:saa: Iede:al VJay Community Council (Sand Sculpting)
Hatcrer
31. 1 Pac; is Hwy S. B-354
receral Way, 'WA 98003
Lrccnse Agreement constitutes the entire agreement between the parties hereto with respect to the subject
aec :'c TPeo on.y by a w:r:en Instrument executed by each of the parties hereto. This License Agreement supersedes all prior agreements (including any
_ s; to tie rro)ect or any par, hereof), negotiations and communications of whatever type, whether written or oral, between the parlies hereto with
19. ;ne a✓ ; . r ;t;,o;; cross -claim or counterclaim is brought to recover any license fees or other amounts due hereunder or for any
tcv rar: s; ,ditiors o' a,r,:eerr.ents ne:ein contained, or to recover possession of the License Area, the prevailing party shall be entitled to recover from the
;n�2wuh, .ncluding attorneys' fees and costs.
20, _ . ,ssence. of aacn one every provision of this License Agreement, and in the event Licensee shall fail to pay any license
s wF.';r:. _ censee :s obligated to pay to Licensor hereunder, when due, or shall voluntarily or involuntarily violate or be in default in the performance
cr .grae" hereof ,o oe Kept and performed by Licensee. Licensor shall have the right (without limitation on any other right of Licensor) then or
E., ;or'unces and W.tnout any demand or notice to Licensee, or to any other person, of any kind whatsoever, to terminate this License Agreement and
_!tens: e ,.nd aloersons from the License Area, either with or without process of law, Any improvements, trade fixtures, equipment and
�iceesee adc not removed upon [he expiration or earlier termination of this License Agreement shall be deemed abandoned and may thereafter
tDL£eC c c, _ :ers, acccrciance with applicable law.
2%.
_:;ersez stal! not transfer or assign this Agreement or any right or interest hereunder, or assign or sublet the
,a.a: Is Agreement shad be consn ee in accordance with and governed by the laws of the
•n ,t,e even: of a dspute arising out of this Agreement, the prevailing party shall be entitled to recover its actual
:. Tr.e Provisions of this Agreement are severable, and if any provision, or the application thereof is held to be
:. ay or .:'e'.fo'ceaoifdy thereof shall rct be constructed to affect any other provision or application,
IR
STEADFAST COMMONS II, LLC
"3nsrer a :censor s Imeres: The term "Licensor' as used in this Agreement, insofar as the covenants or agreements on the
_ c rcec : a1: oa nr-.,tec to : -:ean and include only the owner or owners of Licensor's interest in this Agreement at the time in question. Upon any transfer or
e L.Oa%cr harein narneo (and in the case of any subsequent transfer, the then transferor) shall thereafter be relieved of all liability for the performance of any
on :ha or-i o .::e Licensor ccmaned in this Agreement.
oc,. iar; „ry s Agreement snap be deemed CONFIDENTIAL in nature and shall not be discussed with other Licensee's or outside
counsel.
-vent a:a ic. s: L;cansee shall provide to Licensor Bonneville Power Administration (BPA) letter of approval thatthe event complies with all BPA
SCza a 9P„ safety ,,orker and Valor security staff during the entirety of both installation and removal of said event to ensure compliance with all
ar Dfova a'aer.
IN W' - - '! :� . -ve e%eCt::EC mis License Agreement as of the date first above written.
y: Steadfast lA cl f agermni C4mpany. Inc. a California corporation
By: its'Aulhon edAgenl
Cynthia San° -Lee
General Ma. ager
Date:
-- Federal WayCommunll Council (5 p "culnting)
By:
came: Hatcher
Title: Event Coordinator
Date:
CITY OF FEDERAL WAY
DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES
DEVELOPMENT REVIEW COMMITTEE TRANSMITTAL
DATE: DATE
TO: Ann Dower, Development Services Manager
Scott Sproul, Assistant Building Official
Brian Asbury, Lakehaven Utility District
Chris Ingham, South King Fire & Rescue
Lindsey Tiroux, Public Safety Officer
FROM: Isaac Conlen, Planning Manager
FOR DRC MTG. ON: August 2, 2012, 11:00 (approximately) - Internal
FILE NUMBER (s) : 12 -10 3 5 2 0
RELATED FILE NOS.: None
PROJECT NAME: NW Sand Festival - Temporary Use Permit
PROJECT ADDRESS: Commons Mall - south parking lot
ZONING DISTRICT: CC-C
PROJECT DESCRIPTION: Temporary use permit for NW sand sculpting
championship event from August 13 until September
6
LAND USE PERMITS: UP1
PROJECT CONTACT: John Hatcher - 253 261 6535
MATERIALS SUBMITTED: Master land use application, site plan and aerial
photo with existing drainage infrastructure
depicted.
Doc. I.D.
CITY OF
Federal Way
APPLICATION NO(s)
RECEIVED
JUL 31 2012
CITY OF FEDERAL WAY
CDS
/a _ /0-35,P)a
MASTER LAND USE APPLICATION
DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES
33325 8"' Avenue South
Federal Way, WA 98003-6325
253-835-2607;Fax 253-835-2609
www.cityoffedera_l way.corn
Date 7-2.6—/2—
Project Name t 1A) -C.-„, c r-,,- I
� � zbu� S• C
S
r
Property Address/Location L �rCar .- a r' " t 1Y�~s�•15 m
Parcel Numbers) -7 (o 0
I � c� �r �s s fI}j-�!�o sdrrL�F� Cr&.�
Project Description � � �. `f � ✓� C'•` S `' v
r
PT.FARF. PRINT
Type of Permit Required
Annexation
Binding Site Plan
Boundary Line Adjustment
Comp Plan/Rezone
Land Surface Modification
Lot Line Elimination
Preapplication Conference
Process I (Director's Approval)
Process II (Site Plan Review)
Process III (Project Approval)
Process IV (Hearing Examiner's Decision)
Process V (Quasi -Judicial Rezone)
Process VI
SERA w/Project
SEPA Only
Shoreline: Variance/Conditional Use
Short Subdivision
Subdivision
Variance: Commercial/Residential
Required Information
Zoning Designation
Comprehensive Plan Designation
Value of Existing Improvements
Value of Proposed Improvements
International Building Code (IBC):
_Occupancy Type
Construction Type
Applicant
Name: ja" tya�cN ter- �%
Address: `i qo 2-
City/State: /.1,, 6-r
Zip: a sov'L
Phone: 1_5-3 - 2 /o I- 65 3
Fax: Z 5-3- 85_0 -
Email: J v1kti e c.d
Signature:
Agent (i different than Applicant)
Name:
Address:
City/State:
Zip:
Phone:
Fax:
Email:
Signature:
Owner
Name:
Address:
City/State:
Zip:
Phone:
Fax:
Email:
Signature:
Bulletin #003 -January 1, 2011
Page 1 of 1
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1928-8 S COMMONS Kiosks/ATM 1,478
Steadfast Companies FEDERAL WAY, WASHINGTON 98003 Periphery Building-s 43619
18 100 Von Karman, Suite 500 253.839-6156 PH Total 9-6, �6-50�0
253-946-1413 FAX Anchor Tenants 486 Irvine, CA 92612 LEASING CONTACTS:TOTAL GLA 7 tT �99
949.852.0700 ED HOPWOOD JENNY FRY Total Site 61,84 Acres OCTOBER 3,2007
www.steadfasteompanies.com Parking spaces 3,712
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