Loading...
AG 90-027 C% G 9o4a7 IlloPit OF ORIGINAL L Y'ILED 0072. 15015 APR 9 1990 JDW/naa Director of Records COPY 03/20/90 & Elections AGREEMENT This Agreement is entered into between Equity Pacific Development, hereinafter referred to as "EPD", and the City of Federal Way, a noncharter optional municipal code city incorporated under the laws of the State of Washington, hereinafter referred to as "City". WHEREAS, the City of Federal Way, incorporated as of February 28, 1990, and WHEREAS, EPD had an application pending before King County prior to the date of incorporation, being BALD file no. 08900152 , commonly known as Kitt's Corner Apartments, and Fiimma WHEREAS, the parties are desirous of resolving any potential disputes that might arise with respect to a P P g P applicable lona land use codes, and WHEREAS, the parties desire to provide for a speedy and efficient handling of the permit process, NOW, THEREFORE, THE PARTIES HEREBY AGREE AS FOLLOWS: Section 1. EPD hereby agrees as- follows: A. The northern driveway located along 16th Avenue South shall be moved at least 110 feet further south, and said relocation will, insofar as the City is concerned, eliminate the need for the gate which EPD had agreed to install pursuant to a letter agreement with D.I.R.E. , Inc. , dated August 15, 1989. B. The storm water system located within the JDW00787X - 1 - • 4 development, including the detention/retention pond on site, shall remain in the private ownership of EPD, its successors in interest or its assigns. All maintenance and upkeep responsibility shall be the responsibility of the owners of the property. The City shall be a beneficiary of this covenant and shall have the right, but not the obligation, to go upon the premises, after notice, and accomplish necessary maintenance in the event the then owners of the property fail to properly maintain the storm system and/or the detention/retention pond. The City is hereby granted a license to come upon the premises to perform such maintenance in the event the then owner of the property does not properly maintain said systems. In such event, the City shall be entitled to recover all of its costs incurred in providing the necessary maintenance, including its overhead, times a multiplier of two. In the event said sums determined to CU be due are not paid within ten days of invoicing, the City shall have a right, and EPD on behalf of themselves, the successors in IND interest and assigns hereby agree that a lien may be placed upon the property which may be enforced in the manner of foreclosure of a mortgage to provide for payment of any sums thus determined by the City to be due and owing. The drainage, detention and biofiltration system shall meet the applicable City standards which are the same as the King County standards and must obtain final approval by City staff. The site drainage must be designed to retain the one hundred year storm 24 hour event for on-site water and water coming onto the site from other sources. JDW00787X - 2 - • • This Section and its terms and conditions shall be a covenant running with the land that shall be binding on subsequent owners of the real property described in Exhibit A attached hereto and incorporated in full by this reference while they are in title to the property. Section 2. All permits shall • be processed by the City of Federal Way. If EPD requests and the City determines it cannot process the permits or applications in the time period stated below, the City will agree to hire outside consultants, the total cost of which will be paid by EPD. Prior to the City entering into any contracts for the use of such consultants, a sum as determined by the City shall be deposited with the City by EPD to assure payment of said consultants. The City will provide EPD with copies of the invoices from the consultants. In the 0 © event the City determines funds deposited are insufficient to C; cover the costs, EPD shall, within ten (10) days of the City making demand, provide such additional funds as the City estimates are necessary to complete the permit processing with the use of said outside consultants. The failure of EPD to provide the monies as requested shall result in the processing of EPD's permits ceasing until such funds are made available. Excess funds shall be repaid to EPD. Section 3 . The City will agree to have its staff proceed with due diligence to review and process the plans for compliance with applicable vested County standards and land codes and the terms and conditions of this Agreement. The City will endeavor to complete the review and approval of the plans, within JDW00787X - 3 - . • fifteen (15) working days from the date that it receives completed plans from King County and any revisions required by this Agreement. Section 4. EPD will reduce the number of apartment units from a maximum possible unit count of 140 units to a maximum possible unit count of 130 units. S ection 5. The parking ratio fo r the site will equal al 1.73 stalls per unit. Section 6. EPD will accomplish landscaping over and above what would have been required by applicable County standards and will install landscaping in accordance with Exhibit B attached, being a letter, dated March 19, 1990, from Johnson Braund Design Group, Inc. , signed by Melvin R. Easter, ASLA, and the four attached diagrams and exhibits depicting the north east boundary, the south boundary and the west boundary. Cr) Section 7. EPD will provide the recreation areas as }3" depicted in yellow and numbered one through eight on the reduced ima END site plan attached hereto and identified as Exhibit C and hereby incorporated in full by this reference, together with the two attached explanatory sheets describing the playground recreation opportunities and explaining what is intended to be installed in PP P g playgrounds and in play yards. Section 8. EPD will install the improvements at or in the vicinity of the intersection of SR161 and S. 356th, which improvements must be installed and accepted as complete prior to the issuance of occupancy permits. Improvements shall be substantially as shown on the plans prepared by Johnson Braund JDW00787X - 4 - • Design Group, Inc. , dated January 17, 1989, a copy of which is attached hereto and identified as Exhibit D and hereby incorporated in full by this reference. Section 9. EPD agrees to comply with the requirements of its commitments to D.I.R.E. , Inc. as evidenced by its letter agreement dated August 15, 1989, a copy of which is identified as Exhibit E, which is attached hereto and hereby incorporated in full by this reference. Provided, however, where there is a specific conflict between a condition contained in this Agreement and a condition contained in Exhibit E, the condition contained in this Agreement shall prevail. Section 10. This Agreement may be amended by the City 0 or EPD only by written agreement signed by both parties. Section 11. This Agreement is specifically enforce- able by the City in equity, and the City may institute and Y Y � Y. Y Y prosecute any proceedings at law or in equity to enforce the provisions of this Agreement. This paragraph shall not in any ND way be construed as otherwise limiting the remedies available to the City to obtain enforcement of the terms, provisions and covenants contained herein. Section 12. Nothing in this Agreement shall be construed as preventing the City of Federal Way from enforcing or exercising its police powers. Section 13 . The City agrees this project is vested to applicable King County land use regulations in effect as of the date of incorporation. Nothing contained in this Agreement shall be construed as preventing or otherwise constituting an agreement JDW00787X - 5 - i i by the City to waive any lapsing of vested rights. Provided, however, the City agrees that the current permit issuance date is extended to May 1, 1990. Section 14. This Agreement shall be recorded, at EPD's expense, with the King County Department of Records and Elections, to constitute notice to subsequent purchasers of the real property which is the subject matter of this Agreement, as to those portions of this Agreement which constitute a covenant running with the land to be binding on the successive owners of said property. All other provisions of this Agreement shall be binding on successors in interest and assigns. All building, occupancy and use permits hereafter applied for or issued shall be subject to the terms, conditions and limitations of this Agreement and applicable ordinances and codes. Section 15. The parties who have signed this Agreement on behalf of EPD and Michael Davis warrant that they are authorized to sign in representative capacity and that EPD and Michael Davis are the only owners of the real property as described in Exhibit A. Section 16. EPD and Michael Davis acknowledge that they have at all times consulted with independent counsel during the negotiations culminating in the Agreement and acknowledge that they have JDW00787X - 6 - • • signed this Agreement as their free and voluntary act and are not acting under fraud or duress. DATED this ° day of March, 1990. EQUITY PACIF DEVELOPMENT CITY OF FEDERAL WAY sere proQhltl�er �,l1 L/��S > 7 By By Title �� Allen Locke, // Interim City Manager By Micha- - : . is, Individually STATE OF WASHINGTON ) ss: COUNTY OF KING ) I certify that I know or have satisfactory evidence that i b NHO L ( P) icS signed this instrument, on oath stated that (he/she) was authorized to execute the instrument and acknowledged it as the (title) DtOoeit. of C EQUITY PACIFIC DEVELOPMENT to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. 4 DATED this Z day of , 1990. trec NOTAR�'UBLIC toD My commission expires: 2 STATE OF WASHINGTON ) ss: COUNTY OF KING ) I certify that I know or have satisfactory evidence that Michael E. Davis signed this instrument, on oath stated that he was authorized to execute the instrument individually and to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. DATED this 2 d y of , 1990. NO PUBLIC My commission expires: /(2 F) . JDW00787X - 7 - i • ■ • LEGAL DESCRIPTION • northwest quarter of Section 28, Township 21 That portion of the west half of the North, Range 4 East, W.D ., in King County, Washington, described as follows: thence north along the Beginning at the west quarter of said section and County and the true point of west line to the center of the northeast State Highway beginning; thence southeasterly along gh the center line of Secondary y No. 5D; thence northwesterly along said center line of State Highway No. 5D to the of said Section 28; thence south along said west line to o he true point of beginning, EXCEPT those portions west line tions lying within 16th Avenue S beginning, Road and State Highway No. 5D. • •• 4.41"ta ti • IND1 • • RE: AGREEMENT dated March 20, 1990, between Equity Pacific Development and the City of Federal Way. Exhibit "A" is attached hereto, and the remaining Exhibits "B" thru "E" are on file with the City Clerk at the City of Federal Way, to-wit: Exhibit "B" - Letter dated March 19, 1990, to Land Use Committee Members, Federal Way City Council Exhibit "C" - Site Plan Exhibit "D" - Site Plan Exhibit "E" - Letter dated August 15, 1989, directed to Debra G. Ertel, President of D.I.R.E. -yj • r ' RE: AGREEMENT dated March 20, 1990, between Equity Pacific Development and the City of Federal Way. Exhibit "A" is attached hereto, and the remaining Exhibits "B" thru "E" are on file with the City Clerk at the City of Federal Way, to-wit: Exhibit "B" - Letter dated March 19, 1990, to Land Use Committee Members, Federal Way City Council Exhibit "C" - Site Plan Exhibit "D" - Site Plan N Exhibit "E" - Letter dated August 15, 1989, directed to Debra G. Ertel, President of D.I.R.E. Q` O O O t u4' }•9 41121 N ;f EEE :00 C P933-"SL f iLtio kb' net a ua; 3 n ( a-r redee„,,,,„/ Ave_ teas 9 a/96 0072. 15015 J ORIGINAL DW/naa 03/20/90 AGREEMENT This Agreement is entered into between Equity Pacific Development, hereinafter referred to as "EPD", and the City of Federal Way, a noncharter optional municipal code city incorporated under the laws of the State of Washington, hereinafter referred to as "City". WHEREAS, the City of Federal Way, incorporated as of February 28, 1990, and WHEREAS, EPD had an application pending before King County prior to the date of incorporation, being BALD file no. C8900152, commonly known as Kitt's Corner Apartments, and WHEREAS, the parties are desirous of resolving any potential disputes that might arise with respect to applicable land use codes, and WHEREAS, the parties desire to provide for a speedy and efficient handling of the permit process, NOW, THEREFORE, THE PARTIES HEREBY AGREE AS FOLLOWS: Section 1. EPD hereby agrees as follows: A. The northern driveway located along 16th Avenue South shall be moved at least 110 feet further south, and said relocation will, insofar as the City is concerned, eliminate the need for the gate which EPD had agreed to install pursuant to a letter agreement with D.I.R.E. , Inc. , dated August 15, 1989. B. The storm water system located within the JDW00787X - 1 - ! ! development, including the detention/retention pond on site, shall remain in the private ownership of EPD, its successors in interest or its assigns. All maintenance and upkeep responsibility shall be the responsibility of the owners of the property. The City shall be a beneficiary of this covenant and shall have the right, but not the obligation, to go upon the premises, after notice, and accomplish necessary maintenance in the event the then owners of the property fail to properly maintain the storm system and/or the detention/retention pond. The City is hereby granted a license to come upon the premises to perform such maintenance in the event the then owner of the property does not properly maintain said systems. In such event, the City shall be entitled to recover all of its costs incurred in providing the necessary maintenance, including its overhead, times a multiplier of two. In the event said sums determined to be due are not paid within ten days of invoicing, the City shall have a right, and EPD on behalf of themselves, the successors in interest and assigns hereby agree that a lien may be placed upon the property which may be enforced in the manner of foreclosure of a mortgage to provide for payment of any sums thus determined by the City to be due and owing. The drainage, detention and biofiltration system shall meet the applicable City standards which are the same as the King County standards and must obtain final approval by City staff. The site drainage must be designed to retain the one hundred year storm 24 hour event for on-site water and water coming onto the site from other sources. JDW00787X - 2 - This Section and its terms and conditions shall be a covenant running with the land that shall be binding on subsequent owners of the real property described in Exhibit A attached hereto and incorporated in full by this reference while they are in title to the property. Section 2 . All permits shall be processed by the City of Federal Way. If EPD requests and the City determines it cannot process the permits or applications in the time period stated below, the City will agree to hire outside consultants, the total cost of which will be paid by EPD. Prior to the City entering into any contracts for the use of such consultants, a sum as determined by the City shall be deposited with the City by EPD to assure payment of said consultants. The City will provide EPD with copies of the invoices from the consultants. In the event the City determines funds deposited are insufficient to cover the costs, EPD shall, within ten (10) days of the City making demand, provide such additional funds as the City estimates are necessary to complete the permit processing with the use of said outside consultants. The failure of EPD to provide the monies as requested shall result in the processing of EPD's permits ceasing until such funds are made available. Excess funds shall be repaid to EPD. Section 3 . The City will agree to have its staff proceed with due diligence to review and process the plans for compliance with applicable vested County standards and land codes and the terms and conditions of this Agreement. The City will endeavor to complete the review and approval of the plans, within JDW00787X - 3 - • • fifteen (15) working days from the date that it receives completed plans from King County and any revisions required by this Agreement. Section 4. EPD will reduce the number of apartment units from a maximum possible unit count of 140 units to a maximum possible unit count of 130 units. Section 5. The parking ratio for the site will equal 1.73 stalls per unit. Section 6. EPD will accomplish landscaping over and above what would have been required by applicable County standards and will install landscaping in accordance with Exhibit B attached, being a letter, dated March 19, 1990, from Johnson Braund Design Group, Inc. , signed by Melvin R. Easter, ASLA, and the four attached diagrams and exhibits depicting the north east boundary, the south boundary and the west boundary. Section 7. EPD will provide the recreation areas as depicted in yellow and numbered one through eight on the reduced site plan attached hereto and identified as Exhibit C and hereby incorporated in full by this reference, together with the two attached explanatory sheets describing the playground recreation opportunities and explaining what is intended to be installed in playgrounds and in play yards. Section 8. EPD will install the improvements at or in the vicinity of the intersection of SR161 and S. 356th, which improvements must be installed and accepted as complete prior to the issuance of occupancy permits. Improvements shall be substantially as shown on the plans prepared by Johnson Braund JDW00787X - 4 - • Design Group, Inc. , dated January 17, 1989, a copy of which is attached hereto and identified as Exhibit D and hereby incorporated in full by this reference. Section 9. EPD agrees to comply with the requirements of its commitments to D.I.R.E. , Inc. as evidenced by its letter agreement dated August 15, 1989, a copy of which is identified as Exhibit E, which is attached hereto and hereby incorporated in full by this reference. Provided, however, where there is a specific conflict between a condition contained in this Agreement and a condition contained in Exhibit E, the condition contained in this Agreement shall prevail. Section 10. This Agreement may be amended by the City or EPD only by written agreement signed by both parties. Section 11. This Agreement is specifically enforce- able by the City in equity, and the City may institute and prosecute any proceedings at law or in equity to enforce the provisions of this Agreement. This paragraph shall not in any way be construed as otherwise limiting the remedies available to the City to obtain enforcement of the terms, provisions and covenants contained herein. Section 12. Nothing in this Agreement shall be construed as preventing the City of Federal Way from enforcing or exercising its police powers. Section 13. The City agrees this project is vested to applicable King County land use regulations in effect as of the date of incorporation. Nothing contained in this Agreement shall be construed as preventing or otherwise constituting an agreement JDW00787X - 5 - • . • by the City to waive any lapsing of vested rights. Provided, however, the City agrees that the current permit issuance date is extended to May 1, 1990. Section 14. This Agreement shall be recorded, at EPD's expense, with the King County Department of Records and Elections, to constitute notice to subsequent purchasers of the real property which is the subject matter of this Agreement, as to those portions of this Agreement which constitute a covenant running with the land to be binding on the successive owners of said property. All other provisions of this Agreement shall be binding on successors in interest and assigns. All building, occupancy and use permits hereafter applied for or issued shall be subject to the terms, conditions and limitations of this Agreement and applicable ordinances and g codes. Section 15. The parties who have signed this Agreement on behalf of EPD and Michael Davis warrant that they are authorized to sign in representative capacity and that EPD and Michael Davis are the only owners of the real property as described in Exhibit A. Section 16. EPD and Michael Davis acknowledge that they have at all times consulted with independent counsel during the negotiations culminating in the Agreement and acknowledge that they have JDW00787X - 6 - 411 signed this Agreement as their free and voluntary act and are not acting under fraud or duress. DATED this per° day of March, 1990. EQUITY PACIF DEVELOPMENT CITY OF FEDERAL WAY Sole prophs<4er By By Title --'� Allen Locke, Interim City Manager By / Micha- <r? •er is,'Individually STATE OF WASHINGTON ) ss: COUNTY OF KING ) I ertify that I know or have satisfactory evidence that Jd 0-0 IcS signed this instrument, on oath stated that (he/she) was authorized to execute the instrument and acknowledged it as the (title) Den,ic9C _ of EQUITY PACIFIC DEVELOPMENT to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. DATED this - day of , 1990. + . LJ-/ 4 NOTAR•UBLIC My commission expires: 2 STATE OF WASHINGTON ) ss: COUNTY OF KING ) I certify that I know or have satisfactory evidence that Michael E. Davis signed this instrument, on oath stated that he was authorized to execute the instrument individually and to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. DATED this d y of , 1990. NO PUBLIC My commission expires: , / 2 l JDW00787X - 7 - ^4 0 C X t-I,( T ri- 11 0 t March 19, 1990 , / Land Use Committee Members -4, ,._: s Federal Way City Council JOHNSON BRAUND 3113g28thAve.;South , DESIGN;GROUP .INC.;� Federal Way, WA 98003 RE: Kitts Corner Apartments Our Project#88-58 Federal Way,Washington Distinguished Committee Members: This letter, with attachments, comes at the request of the projecttdeveloper, Davis & Rollins, Inc. and is intended to address the landscape buffering solutions proposed for this development. These buffer treatments are based,on using the • spaces created on the site plan as approved by King County, that is, the building locations and parking configurations are assumed optimum and will remain as designed. Even though we do not have the exact dimensions required to meet the new Federal Way zoning and landscape code to the letter, we do feel.. confident the buffer treatments will meet or exceed the '"intent'' of Chapter 25 (Multi-Family Residential Zones) and Chapter 90 (Landscaping). Following is a description of the proposed buffer solutions for the three property GREG L ALLWINE, AIA edges surrounding this development. MELVIN R. EASTER, ASIA 1, Northwest Boundary This property boundary is located approximately 60 feet from the nearest edge-of-pavement of.Enchanted Parkway South (SR16t).' The topography in this 60' feet of space rises quite dramatically at. a gradient of approximately 35% or. 21 feet (vertical) in 60 feet (horizontal). This elevation differential provides a natural "buffer" which wilt work to the benefit of the future.tenants in this development ment as well as the off-site traffic p looking into the project from Enchanted Parkway South. (see exhibit "A" attached). In addition to this "natural buffer", we are proposing to provide a staggered row of 5 foot high coniferous evergreen trees planted 8' on-center just inside the property line. This row of trees will be fronted (project side) with shrubs 18" high planted to attain coverage of at least 80%of the strip within two years. This planting treatment is illustrated on exhibit "A" (attached) and would be used in the areas where apartment buildings are located directly adjacent to the property line (north end and south end). These ARCHITECTURE spaces contain at least a foot planting strip between the buildings and _ _ ', L A N D S C A P F.` the property line._ ARCHITECTURE AND P L A N N I N G The central portion of'this "edge" consists of a 10-foot planting strip which separates the property boundary from a parking lot. This is in addition to 1 3 0 ANDOVER PA R K the 60 feet of space (off-site) and the 20-plus feet of vertical elevation E AST• s U 1 T E; '3 01. _ .change. King County approved a 6 foot solid wood fence in'this.section. SE APT I E -wA 98188 However, we propose to replace that fence with a solid row of 5 foot tall TEL•2 6.4 31 7 9 6 o coniferous evergreen trees planted 8 feet on-center. - FAX•206•431 '7960 a Federal Way City Council; March 19, 1990 Land Use Committee Members Page 2 Kitts:Corner Apartments 2. South Boundary There is a minimum of 25 feet of planting area between the buildings which front this edge and the half-street and sidewalk improvements at South 359th Street. Because we have several ground floor units which back onto this space and the provision of a useable outdoor yard is imperative, we propose the following modification to "buffering standard #2: 2" to 3" caliper deciduous street trees planted 20 feet on- center directly adjacent to the Proposed sidewalk along South 359th Street. This row of trees will be packed by a solid row of 5 foot tall Pyramidal Arborvitae" (Thuja occidentalis "Pyramidalis") planted continuous on 4 foot centers for the entire length of this boundary (see attached exhibit"B"). 3. West Boundary This property boundary. fronts 16th Ave. South and is approximately 1,000 feet long. For continuity, we propose to treat the northern most 500 linear feet and the southern-most 200 linear feet with the same combination as the south property line. This would include 2" to 3" caliper deciduous street trees planted on 20 foot centers backed by a solid hedge of 5 foot high Pyramidal Arborvitae planted 4 foot on-center. The center section of this property edge contains a significant sized retention pond, and wetland. Because of the sensitive nature of this space (wetland), the value of'this "open space" to the liveability of this project, and the significant separation between the propert line and the apartment buildings (50 feet to 130 feet), we propose to use the street ree planting adjacent to the sidewalk in combination with the wetland mitigation planting as the "buffer" in this section. Thank you'for your consideration of the above described modifications to the newly adopted City of Federal Way landscape buffer standards. We trust you will agree that even though these solutions do not meet the "Buffering Standards" as described in Chapter 90 Landscaping, to the letter, they will meet or exceed the general intent of the landscape code requirements. Please approve these as acceptable buffer treatments. Sincerely, ,- JOHNSON BRAUND DESIGN GROUP, INC. ' /63 4,,,z//71 ' � tlllelvin,Ft. Easter, ASLA Project Landscape Architect MRE/sjw A85801 Attachment cc: Mike Davis - Davis & Rollins Brent Rollins Davis & Rollins David Huls- Davis,& Rollins ( i r 1-•-i , r4 ray L NE rill . 0/1 i \ . ti >I>I➢1). • I S. 356th ST. __�� A v .�--: ii w : 1 ! >�>IDP O w It A, ■ v03V •• nD, it v, .0- j ; \ = (�A 1)1)1,0.- .;,,, w ,, tAill , 0 T 9 t U) ; I .., ,,, • z._E• foi t r =1' 1 R s Z IS 1 : 0 • oa h i I , J.\ \ le Vt d , \se....%it s 1)'1111 . ,..\ ...ie,s1\4‘,.... * 1 '1 ii- til 3inlini Q 4 r,. • A II p -7,,,1411 i F : f • • 41 ra c . w rt PV i R __,, I, _E N ..'s T . _ ^ l 150; Z�t* •� ; ` . 1` °O e'',Ile oo zs . t�� I ' W i 1 3. : >I>1pl> ! V Ilk?? 0 i6 ■. • ®Nt,tItI\ 1 •- !, o�`I Ic I ,'i al fa o \ • 1 tiA 7' I 'sal >}>> l 1 �� Priq a• Nth; -1j, 3; - it t ■ ---±: Ar1 • 1r UIata 5- o - s IPP.- -4 • / • \ 1/' V. (A -1,-, arI 1 Iv I I,.1_ ,,,„„,,,,, e• 1 ... ria . it 0 \l,,, . 1: 0 ‘.r : c - . ......- i a) <4\ --'--,-, -- \ cn ( V _••• „. P �.� v %l', •yam' 1 Eti T '0)—.. oa E"l't y 3a — -a g ifi \ ,,,* o�oly ri IS 11E a a d __ C r'' \ ek r'� �`q� \ A it. a �0 ! , " t: .,/1111111"1 il , ..\ .0- „ * ) -- g ffi S E` • f`qCt IOI* °IMM 1111,1"‘ •� i_• N. rs' I %t :4 ........, . . V c'''.. % ,, - \ �;,� 0% .... ---- � 4,�� co \ •. o__ r m s _,-.77) )__r_____It: s. �s� RI Mr. 3 ♦ I \ • •• \tit-, ._, 4 r .. W Ott Tr tS X n Ii U , Ti -,,c31 it) •t' ti �• ••� - �\ .• i011 V F.? Ao _ }°� N lip @S" . E 9 3�z Z C )17;'NN. D i V A I ET p i m — orreg L.Allwine. AIA ca Protect No 6S-55 n O FEDERAL WAY WA. I Drawn by �4 KITT'S CORNER APARTMENTS F3uchard W.Person, AIA FOR EQUITY PACIFIC DEVELOPMENT C Issue date 1.17-el )f0 MAAWET PLACE TOWER 2027 1.t AVENUE t. ..-. _: t � SEATTLE. WA 97121 (206) 443-9320 kN�e P Neuenschwander,AIA I a Latest rev �� I :;. 1 rnetor ASIA i .. MAR 20 '90 09:57 BONNEVILLE-VIERT-MORTON P.2 rib ENR-4` t3 ORIGINAL IQUITY PACIFIC DEVELOPMENT 770 Market Place Tower 2028 First Avenue Seattle, WA 98121 August 15, 1999 Ms. Debra G. Ertel President Inc. P.O. SOX 8062 Federal way, WA 9B003 Rat Mitigated Determination or Non-Significance - BALD File No. C8900152 (Kitt's Corner Apartments) Dear Ms. Ertel: This letter will serve as an agreement between Equity pacific Development ("Equity Pacific") and D.I.R.E. , Inc. ("D.I.R.E.") incorporating the terms discussed and agreed to regarding the Kitt's Corner Apartments project. It is understood by Equity Pacific that D.I.R.E. has entered into discussions with Equity Pacific as an alternative to appealing the project. The parties agree as follows: 1. Equity Pacific Developm= . -reels to make a voluntary contribution in the amount of - 0,108 to and for the benefit of the Federal Way School District. ty Pacific agrees upon reasonable notice to cooperate with D.I.R.E. in a formal presentation of this contribution at a meeting of the school district. 'This' contribution shall be in the form of a check made payable to Federal Way school District. The parties agree that this contribution shall be paid over to the Federal Way School District only upon issuance of a building permit from King County to Equity Pacific authorising construction of 140 apartment units in the Kitt's Corner Apartments pprojeot. Equity Pacific agrees to issue a check to the school district within one weak of issuance of said building permit. 2. The parties agree that they will jointly and positively present this Contribution as a voluntary effort by Equity Pacific to address the impact of the Kitt's Corner Apartments project on the Federal Way School District. 3. Equity Pacific agrees to share with D.I.R.E. its school impact analysis used in determining the amount of the above- ' . MAR 20 '90 09 57 BUNNE�LLE—VIERT—MORTON • F•3 r Ms. Debra G. Ertel 2 • August 15, 1989 ft w, 1 described contribution, as discussed with representatives of , � � c D.I.R.E. on August 13, 1989. 4 . Equity Pacific agrees to install a gate or similar �'�. device to prohibit automobile access to and from the projects dp '!�` I northernmost driveway curb cut onto 16th Avenue South, subject ter- F(' approval by King County and compliance with requirements for ; emergency vehicle access. C , 5. Equity Pacific agrees to construct a play area, 1,u,L,.. including playground equipment, on the southeast corner of the project. . 6 . Equity Pacific agrees to provide a 20-foot landscape setback and buffer along portions of the perimeter of the project as daps ted on the Site plan as rev r t sed on February 27, 1989/0,,, Noit.0 s, a'i a .t l< �•�r±-4„„, .f' r, Si, .17r21-f r . w•? crtio.A.o„ S�'rzu.,.1 ;, r4ifs .7 7. Equity Pacific agrees to pay a pro-rata fair share to traffic improvement projects as required by Xing county. Equity Pacific understands that such improvements may include the extension of 8. 356th Street to SR 161 and that King county may require dedication of right of way by Equity pacific for this extension. 8. D.I.R.E. and its members agree that they will not fire an appeal of King County' s Mitigated DNS for this profecir.:� ,) further agrees not to appeal any other decisions ,�, ' t permits, or approvals for this ._-_-,743- - ,� r�' ^ project and not to oppose the subject ro t iri an other manner ------ in the future so long as Equit Paai.f c comps es !� ~ur•tit ,sti r�t,,,„ c4 permits a? any c g"tt nt ac a ereto 7, D. I.R.E oti- 4 rrg'1411* _ ,,,,....1- acknowledges that this settlement is intended to be a ful ,,,+ release of any and all of its claims, or that of any of its w, 0► ”" members, against Equity Pacific relating to or arising out of the ,,.r,0rl issues addressed in this agreement. `"' , 9. This agreement is expressly conditioned on there being no other SEPA appeals filed on the Mitigated DNS, provided that vs,' it any other appeal is filed, Equity Pacific reserves the PA) exclusive right to decide whether to revoke this agreement. In 1144A the event of such revocation, this agreement shall be void. ' ' 10. Both parties agree that this letter agreement shall be a ` matter of public record and that this letter agreement may be filed as part of the record with King County Building and Land Division. 11. Each party hereto represents and warrants that the individual whose signature appears below is authorised to sign .t/�►, this letter agreement on behalf of each respective party. rf� ,./� `1,,I-4 (? . E s7,,., puY .; a Fs1, •ry l.�.c•4. ,...,I k 0-1 y Cn.. , r 4 t•.,+r{�,� `L• 1-44..161, L.,:i L� 1"`. 1.f"� . ° �r J `t !t t':.+.•� !w �V f (�/.(iLi..V M.� r�7+A; •MTV-�' $11.,;,L2.7). ,J Y 1 '7 / h. L �i'�i.�/44 . . ,, 'ut.. (!f � W. 1i��!! :iAre,.�4 aw„ t�l!/ A' .x...:.4„...171, `.! aUo!S Q . .4le "4.ae*'r 7 .. . .. 1 j... . .1_ . !r.J MAR c0 '90 09:55 BONNEYILLE-VIERT-MORTON P.4 Ms. Debra G: Ertel OW 3 . August 19, 1989 The effective date of this agreement shall be August 1989. Equity Pacific Dev, lopment 3- -es H. Brawner Vic.-President D.I.R.E. , Inc. By Q.-;14 11.444. 7:Ca. Debra G. !reel President equity\108159.kem q \\' . 11111) ;---r-- 0 .. .. �_.. � � * ,% , :i z. I _j , 1/-\)-%' '? �� - 1.E;1,,1 XI. / !". .‘„4 • •*Si ' • @ . c , ':• ; ` CO • • NI IJ 0 ' '!,vii^. Q M ,`.� - Itt°'4;‘, is >1>l.1) H) I 4-- q _ t * .4 „...49_,,..— —n-- , T , r. �---` i ce. NI • O0 • - % ...,.'4 i � �i.` $�' '' i \ - . ori.a 8 , s•� �\ +, . 1 • °;, 4.:\-.7 a asp �, tom' �,1 . l+ " � $.'''''''':;;-\\ . ' 4/1114r, i 411/111C 5( , C) 41••••Pg • 2 111-" :1:) 111‘1\. .- 1 1)1); :®-te)-'.'..-11° i5, ... . / .:4 li.i n: - - .7_$\ti :7-4 •l‘N, r ' • + ', tNItNic0 41 O t g ololol� I .41__ V.)Op - boo t .)...: aiiir q.• F•F y' ® . ` O ! 'a^+ G �I°I° 1, A 1, l' sr p„v_ ,,,,,,(, 0 1>' 9?1 6° na Ar li, -- --. \.,:.0 i.7._ 1 14 41*oi ,Ng,i>t>ly . , .0...,,,, \,.%'t_1A. *,' ,... `1 1 T k c• i >11:1 II `41. I"l olQp J • xi �nb 4‘0:,\ '‘'‘.4.-N-1 . '\" dill5 ÷ 1 OV�� U t-* ..rasft4 .1 Prfil I@ • mm O , D' ,r �� • T �i \ .. : I t� '• "1 a •9 N N ', i • _ i" • I N N. 0 0 < .... " k...1 . . . N. i.. ... ,•., • r 11 •; 11 ' I • ' ....\••.,.,......,s,..„tok.':k41:11 ,. k k : f •,, ; trvs • villy 1 . < ri. o atr-- --5 .....;# (A ' sow - 1— .1,1TI, ....-• .41,460(1/4 .. --S 4Ci lik.itAxf:p...-:71.S't.' •:. • ---If ', '. I' "..",- ' .. • II i 1 I AP 1 .1111 roil/. imor 1 . VP. -.... MOW ' gr 14> ,ai .:•,.7.-....,-..,, , , WP1:4010,"_1_, . --al,: --7■,-.4b.all■ 114°. tw 14:111.111 MIP rilr Ni. \11114...ip• . ...,,,:, 1 ..........4. ,..\ • 41 . , i 4a- „ .... . ... , •41 Pik rik 1110 14 1 ' 471e -Tr ,,,.. •0 < NI) • • ‘-,1‘ • ‘ ,\ R tl 4� IL9j O of f O 0 i G ����° �� o 2 I • /.7! i i — :a ;ram , o • S oho hulitimila olizems:61 i t. fll r 0' 71° Fez i V' - ,‘ t al•-— 3' ^ I- % Alir I IT „,-:1— 1,,,o, ,,, . t111.!t, ,,,, cs.... ?.-t\- -ii L IIMINIII iii '''''141161.1.11.6 , q o to --i ° .:a , • �,� 6 --o !4. J 4 , I • \ c...., 4,4._ -. tr 4, ci S . \IL\ �V�r�ll_. A tom` �� - 0 t■NV4 4,1\ — ----- ------_.:._____,,___..,.._........, .,,,, ..7411■;:43,„ --11tIvia'...--'::---- - - i 0 lio lit Aw[4.:. \ ' �' 'r 'I C_: \ry ` - 1---_ .______ . (II 111911 ' . ..__ _rsi • �, .. _ • 1 c _A r . N.,,,,, . • . • q , , -,.. e ig, - 4 g . , r . ,,tit 1 481C.' oy . 0 . . 9 ....._ is- - zi..., . ..N I"' 1-gi 4"45 ,. ,. 7 Clb <_ _ • l • • I . . . • a-- ,.... . . . . . . . . . . . . . • a. 1_ _ . , .4 . , ) A... 4_,4,,,, • 1 , . c • . wipA, -, i7‘4.t . ...... ,,,,tc..... a 1 /- '• , ,Ion • .. a . . . --fig C c •hi • . �'- `< 1 ,,,.8.4. tat 1 rt— r 1 I � c �I�It� : .' _�- . : s> ---•"6 1- i ..: ,'.', 1()1(` i " I,. 7_-- , - 0 1(:= ('' 0 . ='" \ 1 ■ •••••1 p • 44 i Dlphlp i ,\ I , °• 'i \ e • 1 • lit.4 \ •:.r • - . l t c i • ti\ LID - I /�A co 4 75., \ . ,!1111''' :', G444%. i 4)( Ce ,. ': #^J, )')"H'004, p _\_,:„\ , -,,,,.. . :or \. . . \Tr' il,\ ..,-; :,-.-, •\11: (.? \ % ....... '''4' :-Ii114 4 )lik p, \.. ‘ .,6.),.....ir ...... .-.01 1. . ', 1.,%., 001°' Ac ,,,, \l- , --_-,c.,-,,:\ \illa 1 il ,...t.1 : --. e.„\kei' ,,„.\ . , . -..,...,, 3 ,,,..•... I+6 'gib A, . :. .. ),1)1)1).„ \.. ,....,\ .,:i)j.:41;...,. , ‘v 0 11.-""rd). iLi-d ?II"' 7+ . lb. ; 9,001h . �� . i \:,. i . , 1 / ` \ lb • • ; -% 4 % E14 4.-- \ tt.. 111 -Ili, • • •� • 1 �I O .P •• • • il � i • 1'0'...\ i. • �I g t i a _ice et tii' Tt fy , s � �• • ) , I 1— l. .. , . . ....... gio , . a.; jc-rmel.„.,-;---,-,,_ ,...._ . , _ eiv .‘: \r., 1.1 c. ' I.'aul 7 nil 4 l• .10 I \ „v • /,n cp Aci 1,0 ' Y r . , _ •• II I IS ea- : —.0•I:0e: ' • I \$ l 1 _'JW J • '1 :4 • it V 0 • :.; t ''' etit E _ 1 14-‘tt-' 6",' i` �7 I •_'�.-c,.i.e — • 71 ei,:k i''.4. 1 rill,,, - i J. •il .‘,. -a lai,:! \ii , \,\i‘‘,. • , 0i ,. 1.,..., qk., ‘\ ,k, . m",1‘\‘ . 0101, ... . q194 ' - • ' • • : ft_4 aN - \lc\lt` ' 9c trAat \ Ille 0 90/0R. L RECFEE . 00 RECC: F 3. 00 •t„�S}..i EIL 4+:*:*:/,. 00 CITY OF FEDERAL WAY AGREEMENT TO LANDSCAPE TO ENHANCE WETLAND AND/OR BUFFER FOR A PROJECT OR SUBDIVISION Basis for Agreement 1. The undersigned Principal has applied to Federal Way for a project or subdivision approval, Tracking No./Name90— (1055-1067) NM Kitts Corner Aptsto perform work at the following address: 35810 16th Avenue S. 2. Federal Way has determined that a wetland and/or buffer must be enhanced and maintained as a condition of granting the approval. 3. Federal Way will grant said approval only if the Principal agrees to enhance and maintain such wetland and/or buffer as a Native Growth Protection Easement. ' rn Terns of Agreement „' cr For the reasons listed above,the Principal hereby agrees and binds itself,and its legal representatives, x successors, and assigns as follows: O1. The Principal shall, prior to final project or subdivision approval,complete all wetland and/or buffer enhancement in full compliance with the approved plans, including any approved CT? amendments thereto. All created areas shall be planted according to accepted practice in good soil with adequate water available. This work must be completed by * See Note below unless an extension of time is granted by the city. 2. The Principal shall maintain all vegetation so as to create healthy growing conditions for three years after installation or three years after the final certificate of occupancy or subdivision approval, whichever is later. The Principal shall submit a monitoring report on the status of the enhancement following installation for three years. While maintenance for this three year period may result in the release of any bond or other security posted by the Principal, the Principal recognizes its continuing duty to maintain the wetland and/or buffer Native Growth Protection Easement, as required by the City of Federal Way Code. 3. The Principal hereby grants Federal Way the right to enter its property to inspect such work and install or maintain required vegetation, as Federal Way deems necessary, and agrees to reimburse the city for all costs and expenses incurred including legal fees and further agrees and authorizes the city to file a lien against the real property located at the above set forth address and to foreclose upon the same in the manner provided for in the foreclosure of mortgage. *Note: within 3 months of issuance of certificate PRINCIPAL of occupancy for le( ifs" Ca✓tie A-pts. Gr0 Pur r-fAiP subject site/project By: ( 2 . Title: G-ehwfrv—e ,a v' 1' " Date: 7/? be) WHP2-6/90 ORIGINAL •• • 1 rr R CITY OF FEDERAL WAY �' LCD • TRACKING NO. 90— (1055-1067)NM AGREEMENT TO INSTALL AND MAINTAIN LANDSCAPING FOR BUILDING PERMIT Basis for Agreement 1. The undersigned Principal has applied to The City of Federal Way building permit, Tracking No.90— (1055-106.7)NM 35810 16th Avenue S. , to per o work at the following address: , and, 2. Federal Way has determined that certain landscaping must be installed and maintained as a condition of granting the permit. 3. Federal Way will grant said permit only if the Principal agrees to install and maintain such landscaping. Terms of Agreement For the reasons listed above, the Principal hereby agrees and bind itself and its legal representatives, successors, and assigns as follows: 1. The Principal shall, within three months of the issuance of the certificate of occupancy in r" connection with the above-referenced building permit, complete all required landscaping in full compliance OD with the approved landscape plans, including any approved amendments thereto and in conformance with rill Federal Way standard specifications. All landscaped areas shall be planted according to accepted practice in c') Cgood soil with adequate water available. 2. The Principal shall maintain all landscaping so as to create an attractive appearance and healthy growing conditions. The Principal recognizes its continuing duty to maintain the landscaping, as required by the City of Federal Way Code. 3. The Principal hereby grants Federal Way the right to enter its property to inspect such work and install or maintain required landscaping, as Federal Way deems necessary, and agrees to reimburse the city for all costs and expenses incurred including legal fees and further agrees and authorized the City to file a lien against the real property located at the above set forth address and to foreclose upon the same in the manner provided for in the foreclosure of mortgage. PRINCIPAL K ki Comer LTC • t-rwrsA; BY: TITLE: �•-r��e�r.� /-'a 01-hp r DATE: 7 /9/P REC E=EE • ` CASHEL 5 ORIGINAL S CITY OF FEDERAL WAY Tracking No.9 0- (1055-1067)NM AGREEMENT TO CONSTRUCT OFF-STREET PARKING IMPROVEMENTS FOR BUILDING PERMIT Basis for Agreement 1. The undersigned Principal has applied to the City of Federal Way for a building permit, tracking no.90- (1055-10to co rust a 130 unit apartment complex and off-site improvements to SR-161, 16th Ave. S. , , and, S. 356th and S. 359th Streets. 2. Federal Way has determined that certain off-street parking and related improvements must be constructed as a condition of granting the permit, including some or all of the following improvements: (a) grading and surfacing of off-street parking area (b) construction of curbing ' {``' L 1 `''r' 1° CEL.FE t 2. IJU (c) construction of drainage system and detention facility E t.: S• 0 C€ISHSL .00 (d) frontage roadway improvements and appurtenances S9 Federal Way will grant said permit only if the Principal agrees to complete all required CO c) improvements within six months of the completion of the building and prior,to thcertificate c,) ;,J of occupancy. C r: Verms of Agreement For the reasons listed above,the Principal hereby agrees and binds itself,and its legal representatives, successors, and assigns, as follows: 1. The Principal shall complete construction of the required improvements in full compliance with the approved construction plans and profiles, including any approved amendments thereto and in conformance with Federal Way standard specifications. All improvements shall be constructed and shall operate to the satisfaction of the Director, Department of Public Works. 2. The Principal shall fulfill all other requirements of the Federal Way Code (including payment of all fees) in connection with the work even if these requirements are not set forth specifically in this Agreement. 3. The Principal hereby grants Federal Way the right to enter its property to inspect such work and complete the required improvements, as Federal Way deems necessary, and agrees to reimburse the City for all costs and expenses incurred including legal fees and further agrees and authorizes the City to file a lien against the real property located at the above set forth address and to foreclose upon the same in the manner provided for in the foreclosure of mortgage. PRINCIPAL 111,5 GOrner pr-s. L? a par�Ner�S krip BY: / �� TITLE: / /6•e, ,/,cs-C A�^ r DATE: �7 1 l c' WHP2-6190 ORIGINAL , CITY OF FEDERAL WAY DECLARATION OF COVENANT ASSOCIATED niti ''- MULTI-FAMILY/COMMERCIAL RETENTION/DETENT l .4 CILITY - 0 DECLARATION OF COVENANT "In consideration of the approval of the City of Federal Way of a BUILDING permit for application No.9 0- (10 5 5-10 6 7 relating to real property legally described as follows: See Page 2 of this covenant for legal description ' ; w C The undersigned as owner(s) covenants and agrees that: A cz, 1. All necessary easements and/or permission shall be granted to the City of Federal Way for access to inspect, maintain or repair the facilities in conformity with City of Federal Way applicable codes. t"Z 2. If City of Federal Way determines that maintenance or repair work is required to be done to the retention/detention facility existing on the above-described property, the director C, of the department of public works shall give the person to whom the permit was issued, or the owner of the property within which the drainage facility is located,or the person or agent in control of said property notice of the specific maintenance and/or repair required. The director of the department 0 C of public works shall set a reasonable time in which such work is to be completed by the person or C persons given notice. If the above required maintenance and/or repair is not completed within the time set by the director, the City may perlin in the required maintenance and/or repair. Written Notice will be sent to the titleholders stating the City's intention to perform such maintenance. Maintenance work will not commence until at least seven (7) days after such notice is mailed. 3. If at any time City of Federal Way reasonably determines that any existing retention/detention system creates any of the conditions listed in King County Code 9.04.030 and herein incorporated by reference, the director may take measures specified therein. 4. The titleholders shall assume all responsibility for the cost of any maintenance and for repairs to the retention/detention facility. Such responsibility shall include reimbursement to the City within 30 days of the receipt of the invoice for any such work performed times a multiplier of two (2). Overdue payments will require payment of interest at the current legal rate for liquidated judgements. If legal action ensues, any costs or fees incurred by the City will be borne by the parties responsible for said reimbursements. Upon a failure to reimburse the city when due, the city is authorized to file a lien upon the real property and foreclose the same in the manner provided for the foreclosure of mortgage. This covenant benefits all citizens of Federal Way, touches and concerns the land and shall run with the land be binding on all heirs, successors and assigns. These covenants arc intended to protect the value and desirability of the real property described above, and to benefit all the citizens of Federal Way. They shall run with the land and be binding on all parties having or acquiring from: Current Owner or their successors any right, title or interest in the property or any part thereof, as well as their heirs,successors and assigns. They shall inure to the benefit of each present or future successor in interest of said property or any part thereof, or interest therein, and to the benefit of all the citizens of Federal Way." Own r WHP2-6/90(1 of 2) Owner ORIGINAL • CITY OF FEDERAL WAY Tracking Number 90— (10 5 5—10 6 7)NM DECLARATION OF COVENANT ASSOCIATED WITH MULTI-FAMILY/COMMERCIAL RETENTION/DETENTION FACILITY Page 2 STATE OF WASHINGTON) COUNTY OF KING ) On this,day personally appeared before me: BYe A+ \A'f , to me known to be the individual described in and%It.ho executed the within and foregoing instrument and acknowledged that*signed the same as free and voluntary act and deed, for the uses and purposes therein stated. Given under my hand and official seal this day of TLL,I , 192s) • -ff Mc & NOTARY PU LIC in and for the S e of Washington, residing at 1<o,ve{- t 03 4, CO t0 0 tl WHP2.6/90(2 Of 2) c LEGAL DESCRIPTION THAT PORTION OF THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE WEST QUARTER CORNER OF SAID SECTION AND RUNNING THENCE NORTH ALONG THE WEST LINE TO THE CENTER OF THE M.E. NEAL COUNTY ROAD AND THE TRUE POINT OF BEGINNING; THENCE SOUTHEASTERLY ALONG THE CENTERLINE OF THE M.E. NEAL COUNTY ROAD TO AN INTERSECTION WITH THE CENTERLINE OF SECONDARY STATE HIGHWAY NO. 50; THENCE NORTHWESTERLY ALONG SAID CENTERLINE OF STATE HIGHWAY NO. 5D TO THE WEST LINE OF SAID SECTION 28; THENCE SOUTH ALONG SAID WEST LINE TO THE TRUE POINT OF BEGINNING; EXCEPT THOSE PORTIONS LYING WITHIN 16TH AVE. SOUTH, NEAL COUNTY ROAD AND STATE HIGHWAY NO. 5D.