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AG 93-227 AGREEMENT TO GRANT AN EASEMENT FOR CONSTRUCTION AND MAINTENANCE OF STORMWATER DETENTION FACILITIES AND TO ESTABLISH STORMWATER STANDARDS APPLICABLE TO THE DEVELOPMENT OF CERTAIN PROPERTY WITHIN THE CITY OF FEDERAL WAY THIS AGREEMENT is entered into as of this 10th day of August, 1993 by and between Quadrant Corporation, a Washington corporation ("Quadrant") and the City of Federal Way, Washington, a non-charter optional municipal code city incorporated under the State of Washington (the "City") . RECITALS Quadrant and the City are parties to a Concomitant Zoning Agreement, dated the 24th day of July, 1990, governing the development of certain property owned by Quadrant (the "Quadrant Property") within the City more fully described in Exhibit A. Paragraph 2 (K) of the Concomitant Zoning Agreement requires that the Quadrant Property be developed only after approval of a Master Site Plan for the property by the City. A critical element of that Master Site Plan is the provision of appropriate water quality treatment, retention, and detention of stormwater from the Quadrant Property. The City has planned for stormwater detention facilities that require the construction of two dams. The first (the "Upper Dam") , is located generally to the north and west of property owned by the Federal Way Little League, a Washington non-profit corporation (the "Little League") . The second (the "Lower Dam") , is located in the southeastern corner of the Little League's property. Paragraph 2 (F) of the Concomitant Zoning Agreement requires Quadrant to grant a recreational easement (the "Recreational Easement") to the City over a portion of its property. This Agreement is not intended to modify Quadrant's obligations to convey the Recreational Easement to the City or to obtain Master Site Plan approval from the City before developing the Quadrant Property as required by the Concomitant Zoning Agreement. - 1 - ORIGINAL Quadrant and the City wish to enter into an agreement that will allow the City to address public stormwater issues and that will provide the standards and criteria necessary for Quadrant to complete the design of its stormwater treatment, retention, and detention facilities serving the Quadrant Property in conjunction and cooperation with the City. Wf NOW, THEREFORE, Quadrant and the City agree as follows: 1. Grant of Easement for Construction and Operation of L oca 't the • pper Dam. Quadrant shall grant to the City an easement 9,61 providing for the construction, maintenance and operation of the GPV City's planned stormwater detention facilities on a portion of the Quadrant Property (the "Tlitsp4r Dam Easement") . Quadrant Lowe,' shall use its best efforts to insure that this easement is conveyed to the City in a timely manner to allow the City to proceed with its construction as scheduled. Quadrant shall also grant to the City a temporary access easement ( 'Construction and Access Easement") over a portion of the Quadrant Property to provide for the construction of the stormwater detention facilities referred to in this paragraph and to provide access across the Quadrant Property for construction vehicles. Upon completion of its planning and land use permitting activities for the Quadrant Property, Quadrant shall convey its interest in the property subject to the Upper Dam Ease t to the City. Lower CG 2 . Conveyance of Stormwater Detent on Facility to the City. Quadrant is in the process of planning for a stormwater retention and detention facility to serve the Quadrant Property and some adjacent areas (some of which are owned by the City) . That facility would be located adjacent to the Lower Dam on property owned by the Little League. Upon completion of the stormwater retention and detention facility, Quadrant's interest in the property on which that stormwater retention and detention facility is located and the facility shall be conveyed to the City and the City shall undertake maintenance of that facility. 3 . Stormwater Detention Standards for Development of the Quadrant Property. The City agrees that the stormwater design standards attached as Exhibit B to this Agreement will govern the development of the Quadrant Property at the time that the City reviews a proposed Master Site Plan for the Quadrant Property. To the extent that these standards require further refinement and additional information, Quadrant and the City agree to use their best efforts and to proceed administratively in good faith to develop and to agree on final stormwater detention standards for the Quadrant Property and to complete that task within thirty (30) days from the date of this Agreement. - 2 - 4 . Overflow onto Adjacent Property. Conditioned upon Quadrant obtaining appropriate authorization from the owners of the property, the City shall allow the overflow of stormwater from the Lower Dam onto adjacent property now owned by the Little League during any storm event that results in run-off (5) exceeding the design flow as described in paragraph -f-(a- of Exhibit B. This obligation on the part of the City is subject to Quadrant's obtaining the required permits and approvals for this overflow, including the Department of Ecology dam safety approval. Quadrant shall be solely responsible for the design and construction of the overflow and the cost thereof. 5. Grant of Easement to the Federal Way Little League. At Quadrant's request the City shall consent to the grant of an access easement over the Recreation Easement area, to be granted by Quadrant to the City pursuant to paragraph (2) (F) of the Concomitant Zoning Agreement, for the benefit of the Little League; provided, however, that this access easement shall in no way interfere with, prevent full enjoyment of, or limit the scope or purpose of the der Dam Easement. 46 Lower 6. Authority. The partieitrach represent and warrant that they have full power and actual authority to enter into this Agreement and to carry out all actions required of them by this Agreement. All persons executing this Agreement in representative capacities represent and warrant that they have full power and authority to bind their respective corporations, partnerships and/or marital communities. 7. Governing Law. This Agreement shall be interpreted and enforced according to the substantive laws of the State of Washington. 8. Consent to Jurisdiction and Venue. All parties shall submit and not object to jurisdiction and venue in the King County Superior Court, State of Washington, in connection with any claims arising out of this Agreement. 9. Binding Effect, Assignability. This Agreement, including the documents executed pursuant to the Exhibits hereto, shall bind and inure to the benefit of the parties hereto and their respective heirs, legatees, representatives, receivers, trustees, successors, transferees and assigns. 10. Attorneys' Fees. In the event either party defaults in the performance of any terms of this Agreement or either party seeks enforcement of this action through legal proceedings, each party shall pay its own attorneys' fees, costs and expenses. - 3 - 11. Cooperation in Execution of Documents. The parties agree properly and promptly to execute and deliver any and all additional documents that may be necessary to render this Agreement legally and practically effective. This paragraph shall not require the execution of any document that expands, alters or in any way changes the terms of this Agreement. 12. Headings Not Controlling. The paragraph headings included herein are for reference only and are not a part of this Agreement. The headings shall not control or alter the meaning of this Agreement as set forth in the text. 13. Incorporation of Exhibits. The Exhibits referred to in this Agreement are incorporated herein by this reference as if fully set forth here. 14. Waiver. A waiver of any provision of this Agreement shall operate as a waiver only for the specific occasion as to which the waiver is given, and the provisions of this Agreement shall otherwise continue to be fully effective and operable as to any other occasion or occasions. 15. Time of the Essence. Time is of the essence with regard to this Agreement. 16. Entire Agreement. This Agreement constitutes the entire agreement of the parties on these subjects. This Agreement may not be modified, interpreted, amended, waived or revoked orally, but only by a writing signed by all parties. This Agreement supersedes and replaces all prior agreements, discussions and representations on these subjects, all of which are merged into, and superseded by, this Agreement. No party is entering into this Agreement on reliance on any oral or written promises, inducements, representations, understandings, interpretations or agreements other than those contained in this Agreement and the Exhibits hereto. This Agreement does not modify or amend the Concomitant Zoning Agreement between Quadrant and the City. 17. Full Understanding, Independent Legal Counsel. 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 fully advised by their legal counsel, accountants and other advisors with respect thereto; and that they are executed by them upon the advice and recommendation of their independent legal counsel. - 4 - IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the date first above mentioned. THE QUADRANT CORPORATION BY: �A�o - _ Lr0e 0R?! Walter P. Costello Its: Senior Vice President CITY OF FEDERAL WAY , ile J. :re t cFa Its: ity Manager ATTES 'UTHENTICATED BY: '//._,. - r-en M. Swaney ! ty Clerk i 1 Carolyn A. Lake City Attorney 318270 - 5 - EXHIBIT A T TO THE AGREEMENT TO GRANT AN EASEMENT FOR CONSTRUCT ON - AND MAINTENANCE OF STORMWNTER DETENTION FACILITIES AND AND TO ESTABLISH STORMWATER STANDARDS APPLICABLE TO THE DEVELOPMENT OF CERTAIN PROPERTY WITHIN THE CITY OF FEDERAL WAY THE LAND REFERRED TO . IS SITUATED IN THE STATE OF WASHINGTON, COUNT'. OF KING AND IS DESCRIBED AS FOLLOWS: TEAT 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 TEE EAST ONE-QUARTER OF SAID SECTION 19; THENCE NORTH 87'58 '05" EST 1166•.05 FEET TO A POINT ON THE NORTHERLY MARGIN OF TEE LANDS D£SL.RI3ED IN DEED RECORDED UNDER RECORDING NUMBER 8501170665, RECORDS OF SAID COUNTY, AND THE TRUE POINT OF BEGINNING; THENCE SOUTH 81.45 '00" EAST 1052.64 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 30.00 FEET: THENCE EASTERLY, NORTHEASTERLY AND NORTHERLY 44 .67 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 85'18 '25" 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 77'03'25" WEST) ; THENCE SOUTHERLY 110.67 FEET ALONG -SAID CURVE AND SAID WESTERLY MARGIN THROUGH A CENTRAL ANGLE OF 07'27'35" 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 84'31'00" 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 10'00'00" 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 11'08'55"; THENCE CONTINUING SOUTH 01'08'58" 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"; Exhibit A, p.1 of 2 T THENCE CONTINUING ALONG SAID NORTHERLY MARGIN NORTH 88'52 '25" WEST 83.03 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE.NORTHEAST HAVING A RADIUS OF 358.00 FEET; THENCE WESTERLY, NORTHWESTERLY AND NORTHERLY 513.92 FEET ALONG SAID CURVE AND SAID NORTHERLY MARGIN THROUGH A CENTRAL ANGLE OF 82.15'00"; THENCE NORTH 6.37'25" WEST 386.46 ET:10 THE BEGINNING 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 NORTHERLY MARGIN THROUGH A CENTRAL ANGLE OF 75'07'35" TO THE TRUE POINT OF BEGINNING; • BEING KNOWN AS THAT PORTION OF LOTS 3 , 4 AND 5, BLOCK 5, LAKEWOOD, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 16 OF PLATS, PAGE 35, RECORDS OF KING COUNTY, WASHINGTON, • 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 LAKEWOOD AND STREETS BETWEEN SAID BLOCK VACATED BY KING COUNTY ORDINANCE NO. 3465, RECORDED UNDER RECORDING NO. 7711070558 AND AS VACATED BY ICING COUNTY ORDINANCE NO. 7692, . APPROVED JULY 18, 1986, LYING NORTHERLY, NORTHEASTERLY AND EASTERLY OF THE WEST MARGIN OF SOUTHWEST CAMPUS DRIVE, AND WESTERLY OE THE WEST MARGIN OF 1ST AVENUE S.W. SITUATE IN THE COUNTY OF ICING, STATE OF WASHINGTON. • • Exhibit A, p.2 of 2 1 EXHIBIT B STORM WATER DESIGN STANDARDS FOR THE QUADRANT SHOPPING CENTER PROPERTY 1. THE QUADRANT PROPERTY: The Quadrant Property is described in Exhibit A. When the Quadrant Property is referenced in this exhibit with respect to storm water analysis purposes it is understood that it refers to storm water flows from a drainage basin of approximately 25 acres, which includes drainage from some offsite areas as well as from onsite the actual property. 2. OFFSITE POND: The Offsite Pond is generally located as shown in Exhibit 1 . The Lower Dam as currently designed and permitted accommodates a tributary area of approximately 85 acres to the design of the Offsite Pond. This includes approximately 80 acres of tributary area together with approximately 5 acres for the pond itself. Approximately 17 additional acres of the 127 acre basin is the area of the Little League ball fields. Detention for this area is accommodated by the Lower Dam and therefore is not required to be included in the volume of the Offsite Pond. The design of this pond may be a single cell pond. 3. 127 ACRE BASIN: This is the drainage basin at which the existing culverts under Southwest Campus Drive on the Quadrant Property is the southerly-most point. It is comprised of approximately 25 acres of basin area attributed to the Quadrant Property, approximately 102 acres of various areas north, northeast, and northwest of the Quadrant Property, including approximately 17 acres of which is the Little League ball fields and 5 acres of which is the Offsite Pond. 4. DESIGN STANDARD: The storm water design standard for the Quadrant Property is the 1990 King County Surface Water Design Manual, and any future revisions as they may be adopted by the City of Federal Way, prior to approval by the City of Federal Way of the design of the Offsite Pond and/or the stormwater system for the Quadrant Property. 5. HSPF: The design of the Offsite Pond and Quadrant Property will be performed with the runoff model Hydrologic Simulation Program-Fortran (HSPF) and the historical storms (50 year storm with the second 50 year storm magnified to simulate 100-year Exhibit B, p.1 of 4 conditions) used to size the improvements to the Panther Lake Flood Control Facility. The City of Federal way recognizes that this criteria is consistent with the requirements of the 1990 King County Surface Water Design Manual. Quadrant agrees to use this criteria, as required by the City of Federal Way, to be consistent with the design methodology used in the design of the Panther Lake Flood Control Facility. 6. STORM WATER OFFSET: The Offsite Pond may be designed to maximize compensatory storage of storm water detention volumes offset from the Quadrant Property to the extent that the developed peak flow from the entire 127 Acre Basin at the 10015-0., year storm events will be less than or equal to the peak pre- 7ir developed flow. It is recognized that offsetting compensatory storage from the Quadrant Property to the Offsite Pond may be limited by the height of the Lower Dam as it is currently designed or modified as described in Items 12.B., 12.C., and 12.D. herein. 7. TIGHTLINE DITCH: The existing open ditch on the Quadrant Property may be replaced by a tightline pipe, sized in accordance with the design standard in Item No. 4 herein, to convey water from the existing and/or new outfall pipes from the Panther Lake Regional Facility and the Offsite Pond to the outfall under Southwest Campus Drive. 8. WATER QUALITY TREATMENT: Water quality treatment for the Quadrant Property will only be required for stormwater from the parking lot areas and other paved areas on the site. 9. OFFSITE WATER QUALITY TREATMENT FACILITY: Water quality treatment of storm water from the Quadrant Property may be allowed off-site, such as on the west side of Southwest Campus Drive, with appropriate easements obtained by Quadrant, and that such facilities can be constructed in a manner consistent with City of Federal Way design standards. 10. ROOFTOP DRAINAGE: Rooftop drainage from buildings on the Quadrant Property will be allowed to discharge without passing through a water quality treatment facility. Detention for rooftop drainage shall be accommodated in the evaluation of the entire 127 acre basin stormwater analysis. 11. S.W. CAMPUS DRIVE STORM WATER: Stormwater from a portion of Southwest Campus Drive will not require water quality treatment Exhibit B, p.2 of 4 because its location near the existing outfall under Southwest Campus Drive prevents the location of any type of water quality treatment facility. The flows from this portion of Southwest Campus Drive currently flows into the detention facility currently on the Quadrant Property as created under R.I.D. #91. 12. STORM WATER CRITERIA: To define in more detail actual storm water design criteria and volumes for the Quadrant Property, the following evaluations and detailed design calculations are being developed by Brown & Caldwell Consultants at Quadrants request and cost: A. Convert storm water data for the Quadrant Property from SCS Type 1A storms and the Santa Barbara Unit Hydrograph Model to the runoff model Hydrologic Simulation Program-Fortran (HSPF) and the historical storms (50 year storm with the second 50 year storm magnified to simulate 100-year conditions) used to size the improvements to the Panther Lake Flood Control Facility to be consistent with the design methodology used in the design of the Panther Lake Flood Control Facility. This will provide a numerical basis for defining agreed upon storm water volume detention and release criteria on the Quadrant Property. B. Evaluate the ability of the Lower Dam in the Panther Lake Regional Facility as currently designed and permitted to accommodate detention volumes from the Offsite Pond in including any additional volumes that may be offset from the Quadrant Property. The City of Federal Way has represented to The Quadrant Corporation that the current design of the Lower Dam anticipates and includes volumes for storms exceeding the 50 year recurrence interval, as described in Paragraph 5 herein, for approximately 85 acres of the 127 Acre Basin, but does not include storage for the approximately 25 acres of drainage basin for the Quadrant Property. C If the Lower Dam in the Panther Lake Flood Control Facility needs to be modified to accommodate detention volumes offset from the Quadrant Property, which combined with the other stormwater detained in the Offsite Pond will spill over onto the Little League Ball Fields for storms exceeding the 50 year recurrence interval, as described in Paragraph 5 herein, the City will use its best efforts to ensure that any modifications will be coordinated with DOE Dam Safety Section in a timely manner, included as part of any other permits issued by the City of Federal Way or other Exhibit B, p.3 of 4 regulatory agencies as may be required, and to the extent possible included with the construction of the Lower Dam. The results of the efforts to make modifications to the Lower Dam, if required, will contribute to determining the amount of detention volume that Quadrant may include in the offsite pond by maximizing compensatory storage of storm water detention volumes offset from the Quadrant Property, and also to determining the necessary offsite pond easement area that needs to be acquired by Quadrant from the Little League. Quadrant will pay for any permitting, design and construction costs associated with any modifications to the Lower Dam, if required. D. Compute the maximum size and location of the Offsite Pond to be located on the Little League property, including storm water volumes offset from the Quadrant Property. 13. The City of Federal Way will inform Quadrant, in a timely manner, of any design requirements or restrictions that may apply to the design of, or the use of, the Quadrant Property as a result of the Emergency Spillway to be located on the Lower Dam north of the Quadrant Property. Exhibit B, p.4 of 4 ,-- - ----7.---__ , ...- i.. \ - •.., ....,..! ,.. ..• \ •...',,\ i • • '......_.../ .0 \ --;'••••\ - ''''''s"'-‹: rifitl y /•" ` • 11-7 . - • ,, k SCALE: 1n=100' .„ % ....,2 \ , ." 4., .,,- : • : , 7. 1::::::77-'''..\;..47.\\.\\ • I : ' : / '411144 -1):j I; 4//-", i 1 • s • ..' / . ApIPIP apittiartitoso — • •' ' . i ; •,'..." ,; /' . •..,„"1%c-/ , \ i ;i t % k 1 / ''. ..••"''"' li ., ---. i• .; 1 1 i i HI „----- I /\\ ii : in 1 t I 1 i \ /-- .• . 'MVO ' i?,:i ;\ / ,.. -- T... / J. !: f.,..c./ffic ..,, ..,, ...... ..,......... .. .. . ... k %. \......_„„..,,.r. 11 1 1 '' ''''..-- i k j!1 !-\, -* I —. —.-"-1'7. ''PI:Stiti i/ . ' i •,. .,....,,'. 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"- / // ; \ , -.\ 1/ / . ..--- / z ,.. , 1 .„f9 k 1 / /I!I / /11 ,-,•.) / I / if // \ 7 .„...!4- • / ,,,- / ,•"/ i-N- i \ „, %...i i ..: /i . / I/ ,42. 3 47. ...• i i :/ 11/1 -V7 Y / ;'(/ „,.. / :, , ? :i • • LOCATION MAP EXHIBIT 1 of Exhibit B, p.1 of 1 a 1 1 G QUADRAN'1 LETA OF TRANSMITTAL A Weyerhaeuser Company Quadrant Plaza,Suite 500 N.E.8th at 112th September 10, 1993 P.O.Box 130 Bellevue,Washington 98009 RE: Panther Lake Tel (206)455-2900 Flood Control Fax (206)646-8300 Facility Agreement and Easement TO: RECEIVED Cary Roe City of Federal Way Public Works SEP 1 3 1993 Department 33530 First Way South WY Of FEDERAL WAY SURFACE WATER RENT Federal Way, WA 98003 We are sending you: X Attached Under separate cover COPIES DATE DESCRIPTION 01 Executed Original of Agreement to Grant an Easement 01 Executed Original of Easement for Drainage Facilities THESE ARE TRANSMITTED as checked below: CFor your approval For your information For your file As requested X For review and signatures REMARKS Please sign, date,notarize and initial as indicated and return a copy of the fully executed and notarized documents, as appropriate to me. SIGNED: ' . 'andy f' in Senior i evelopment Manager COPY TO: