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AG 90-010 n ,r • f:E^E: t:u T fa. .:AY 0072. 15013 (tip.' 03 #11 '. B JDW/naa REL=FEE 2. 00 02/27/Aq 5 0p ; ?� ego RECD F 14.00 CASHSL ***16. 00 k, r j CONCOMITANT AGREEMENT -, REiiirltB`;TQ-,THE : ZPNING OF THAT CERTAIN PARCEL OF PROPERTY Vii'`; Coi-!i i f COMMONLY KNOWN AS THE FRED MEYER FEDERAL WAY II RETAIL STORE SITE LOCATED SOUTH OF S. W. CAMPUS DRIVE, GENERALLY BETWEEN S. W. 19TH AVE. AND S. W. 21ST AVE. , IN FEDERAL WAY, WASHINGTON WHEREAS, the City of Federal Way, Washington, a r- noncharter optional municipal code city incorporated under the O laws of the State of Washington, has authority to enact laws and CDenter into agreements to promote the public health, safety and general welfare of its citizens and thereby control the use and development of property within its jurisdiction; and WHEREAS, the City Council of the newly incorporated City of Federal Way is in the process of adopting initial zoning for property located within the city limits of the City, and adopting a Zoning Code; and WHEREAS, the undersigned, Fred Meyer, Inc. , and Roundup Company, the owner of the real property which is the subject matter of this Agreement initiated discussions with the City Council with respect to entering into this Agreement for the purpose of attempting to amicably resolve any potential disagreements with respect to issues of vested rights and applicability of King County or City of Federal Way regulations as a result of the incorporation of the City of Federal Way during the pendency of owners permit applications before King County; and WHEREAS, the undersigned owner warrants to the City of JDW00763X - 1 - 1111 0:11"10r Federal Way that Roundup Company, a Washington corporation, is the owner of the real property hereinafter described and that Fred Meyer, Inc. is the proposed permittee and the persons signing this Agreement have the full power to enter into this Agreement and bind Roundup Company and Fred Meyer, Inc. , NOW, THEREFORE, Upon the property hereinafter described being zoned BC under the new land use classification for the City of Federal Way as provided in the new Official Zoning Map and the Zoning Code N for the City of Federal Way, both of which shall be effective —- February 28, 1990, Fred Meyer does hereby covenant and agree as U ) C) follows: O O 1. In the event the zoning of the subject property, commonly known as the Federal Way II Retail Store for Fred Meyer, Inc. , located generally in the vicinity of S.W. 19th Avenue and S.W. 21st Avenue, and south of S.W. Campus Drive, in the City limits of Federal Way, Washington, more particularly described in Exhibit A attached hereto and incorporated in full by this reference, is zoned in accordance with the Official Zoning Map and the Zoning Code for the City of Federal Way under a classification identified on said Official Zoning Map and said d7/4 Zoning Code as BC, Community Business, to be effective as of - 4? February 28, 1990, then, Fred Meyer shall be bound to and shall agree to comply with the following developmental terms nd conditions as set forth Based upon that certain site plan prepared by Jensen Krause Schoenleber, Fred Meyer, Inc. � Iq (hereinafter referred to as Fred Meyer) agrees to do the JDW00763X - 2 - following: A. With respect to the buffer on the south side of the site, a minimum of 35 feet shall be provided along the entire southern boundary of undeveloped Parcel #3. The 12 foot minimum landscape buffers along the eastern and western sides as shown on said site plan shall be installed in accordance with said proposed plan. The buffer along the northern boundary of undeveloped Parcel #3, as depicted on the plan, shall be installed. All landscaping in said buffers shall be subject to N approval by the City of Federal Way staff. Fred Meyer will 0 provide appropriate assurances that said landscaping will be c 4 O maintained and dead or damaged plants will be replaced on a CD periodic basis to assure purposes of said landscaping are accomplished. B. Fred Meyer will provide as a part of their li private storm water system a detention facility, underground, and Y will provide that the outflow from such system shall all be p f Or, '- Q Cep. jN""A' directed through the biofiltration oil/water separator proposed C '4 Af to be installed pursuant to the identified plans on undeveloped 0 P qb Parcel #1x/( Said system shall be designed to handle the 100 year d storm event forerun-off coming onto and falling upon Fred Meyer's ILZ property. Fred Meyer shall have the obligation to install said �) system, including the biofiltration oil/water separator in accordance with then existing City standards. In addition, Fred Meyer shall have an ongoing obligation to maintain said system, including the biofiltration oil/water separator. The City is hereby granted a license to come upon the premises to perform JDW00763X - 3 - such maintenance in the event that Fred Meyer does not properly maintain said systems. In the event that the City is required to perform such maintenance work, after notice to Fred Meyer and the failure of Fred Meyer to perform the required work, the City may perform said work and shall charge back to Fred Meyer the cost of performing said work times a multiplier of 2. Fred Meyer shall pay within thirty (30) days the amounts invoiced by the City for performing such required maintenance work. If Fred Meyer fails GI to pay, the City is authorized to place a lien on the property. The detention and biofiltration system shall be /.,�. 0 ` designed to make provision to permit recharging of the surface i", water into the ground. N. -- C. It is the intent of Fred Meyer to locate on Ln undeveloped Parcel #1 parking spaces which are lost as a result CD CO CD of increased landscaping on undeveloped Parcel #3. It is CD contemplated that the parking stalls located on undeveloped Parcel #1 will be for overflow and employee parking. Fred Meyer shall provide a 12 foot buffer on the east side of Parcel #1 and a 5 foot buffer along the north side of Parcel #1 consistent with the buffers provided on the north side of Parcel #3. The landscaping plan shall be subject to approval by City staff. Fred Meyer shall add additional landscaping on Parcel #3 to provide a minimum of not less than 15% of the total site, including the 35 foot buffer along the southern boundary. Said landscaping plans and the location of landscaping within the parking on Parcel #3 shall be subject to City staff approval. The landscaping in association with the parking on Parcel #1 JDW00763X - 4 • shall be subject to City staff approval. D. Traffic lights on S.W. 19th Avenue and S.W. 21st Avenue, which will in part be required as a result of the Fred Meyer development, must be installed and operable prior to the issuance of any foundation or building permit for the site. Quadrant Corporation has obtained a grading permit for Parcel #3. It is Fred Meyer's intent to seek assignment of said grading permit. Not withstanding the prohibition with respect to the issuance of any foundation or building permit, Fred Meyer may complete the grading authorized by said permit. In addition to the requirement that the traffic lights be installed, the street Oimprovements on S.W. Campus Drive, also known as S.W. 336th CD p Street, must be completed prior to issuance of any foundation or C` building permit. E. All permits shall be processed by the City of Federal Way. If the City determines that it cannot process any such permits or applications, or in the event Fred Meyer requests the City to hire outside consultants to facilitate the processing of said permits or applications, the City will agree to hire outside consultants, the total cost of which will be paid by Fred Meyer. 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 Fred Meyer to assure payment of said consultants. The City will provide Fred Meyer with copies of invoices from the consultants. In the event the City determines that the funds deposited are insufficient to cover the costs, Fred Meyer shall, within ten (10) days of the City making demand, JDW00763X - 5 - 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 Fred Meyer to provide the monies as requested shall result in the processing of Fred Meyer's permits ceasing until such funds are made available. Excess funds shall be repaid to Fred Meyer. F. The City will agree to have its staff proceed with due diligence to review the site plans for the landscaping within Parcel #3 and on Parcel #1, and within the parking areas on both such Parcels, and such other applicable review as is - necessary to approve the proposed Fred Meyer retail store pcontaining a maximum of 187 000 square, feet and maintaining a CD parking ratio of 4.85 spaces CD p per 1,000 square feet of gross floor ON area. G. Undeveloped Parcel #2, located generally in the vicinity of the northwest corner of the subject property, is not proposed for development at this time, and Fred Meyer acknowledges that in the event a development application is filed, said application and proposed development must be in full and complete compliance with the then existing zoning ordinances and codes of the City of Federal Way. H. With respect to the proposed parking on undeveloped Parcel #1, in the event the City determines that additional spaces beyond those proposed by Fred Meyer may be located on said Parcel #3, which would provide for additional landscaping within the parking lot on Parcel #3, then the City may require that additional parking be located on Parcel #1, and JDW00763X - 6 - • the area thus removed from parking on Parcel #3 shall be landscaped in accordance with a plan approved by City staff. The reason for the provision of parking on Parcel #1 by Fred Meyer is to provide for additional landscaping and buffering, not only along the south line as identified in the 35 foot buffer, but also to be interspersed within the parking lot in a configuration and/or design as shall be approved by City staff. 2. Fred Meyer agrees to withdraw any and all permits N which are pending before King County for the property commonly referred to as Federal Way Site #1, located on S.W. 312th Street tl') CD and 1st Avenue S. in Federal Way. Fred Meyer acknowledges that 0 development� any p proposal that would come forward on said site must be made in accordance with then existing City zoning codes and regulations. The City of Federal Way makes no representation or promise with respect to the zoning to be placed by the City upon the identified Site #1. 3. Fred Meyer hereby acknowledges that the City of Federal Way has not coerced Fred Meyer, and in fact, Fred Meyer has at all times pertinent hereto been advised by independent counsel and has agreed to the terms of this Agreement and are willing to abide by said terms. Fred Meyer further agrees that the terms herein are drafted for the benefit of the public health, safety and welfare of the community. 4. This Agreement may be amended by Fred Meyer by filing an application therefore, which shall be considered and heard in the same manner as a rezone of property. Such action by JDW00763X - 7 Fred Meyer shall not release Fred Meyer from any obligations assumed under this Agreement unless and until such amendment has been approved by the City. 5. Nothing in this Agreement shall be construed as preventing the City of Federal Way from enforcing its police powers. 6. This Agreement shall be binding upon all of the owners of the real property herein described and their heirs, successors in interest and assigns. This Agreement shall run with the land described herein. The City of Federal Way hereby - agrees not to institute a proceeding to rezone the subject CD property for a period of two years from February 28, 1990, unless CD an application is made by Fred Meyer or their successor in ON interest. 7. This Agreement shall be recorded with the King County Department of Records and Election at the expense of Fred Meyer, and the terms and conditions hereof shall constitute a covenant running with the land. 8. The development of the Fred Meyer retail store on the subject property shall be substantially in conformance with the site plans that have been heretofore identified and filed with King County. Any modifications from said site plan must be applied for and processed by the City in accordance with applicable regulations. DATED thisc day of February, 1990. ROUNDUP COMP' FRED MEYER, IN (Owner) BY Title: , , Title:Y) JDW00763X - 8 • CITY OF FEDERAL WAY /Ole ALLEN LOCKE, Of INTERIM CITY MANAGER ATTEST/AUTHENTICATED: CITY CLERK, DELOES MEAD STATE OF WASHINGTON ) ) ss: COUNTY OF KING ) I certify that I know or have satisfactory evidence — that (' N E R V L 7 e 12 2 t signed this instrumen t, on oath stated that 5rF4= as authorized to execute the instrument and 0 acknowledged it as the sec Ns,b c?,t'7_of FRED MEYER, INC. , to be CD the free and voluntary act of such party for the uses and CD purposes mentioned in this instrument. ON DATED this .17 day of F-e6J`.-a2.. 1990. W.01/4).J.------ NOTY PUBLIC / My • l "ission expires: F( 2-/ C) STATE OF WASHINGTON ) ss: COUNTY OF KING ) I certify that y know or have satisfactory evidence that C4 EAVC pee 2(AV signed this instrument, on oath stated that S as authorized to execute the instrument and acknowledged it as the 4;10...E ?( C5( D?tii'i of ROUNDUP COMPANY, a Washington corporation, to be the free an voluntary act of such party for the uses and purposes mentioned this instrument. DATED �? �2Fo uc 0/4_=A 0A) Be(mce ATED this day of �c'�2u �`� 19 9 0. NOTAI PUBLIC My commission expires: W2-19 E) . I JDW00763X - 9 - P.2/2 EXHIBIT A • Lot 2 of short plat No. 278132 revised, according to the short plat recorded under King County Recording No. 8210260642= Except that portion described as follows: Beginning at the monument marking the Northeast Corner of Section 24, Township 21 North, Range 3 East W.M. ; thence along the East line of said section South 01°35'17" West, 50.00 feet; thence parallel with the. North line of said section North 88°46'15" West, 619.65 feet to a point 60 feet East of the East line of Lot 1, of the aforementioned short plat and the true point of beginning; thence parallel with said North line South 88°46'15" East, 289.56 feet to a point on the East line of said Lot 2, thence along said East line of Lot 2 South 01°37'11" -- West, 432.87 feet; thence parallel with said North line North 88°46' 15" West, 286.61 feet to u7 a point on a line parallel and 60 feet East of CD said East line of Lot 1 projected South; thence Q along said parallel line North 01°13'45" East, CD 432.86 feet to the true point of beginning; 0" And except that portion conveyed to King County for S.W. Campus Drive by Deed recorded under Recording No. 8501170665; Situate in the County of King, State of Washington. FILED for Record at Request ot RECEIVED Name evi4 Fedetici ww. 3 1990 Address . 3° 014 PiVe- k cJ CITY OF FEDERAL WAY N BUILDING DEPT. Lr) CD Q cr• May CITY OF Council Members Debbie Ertel Mary Gates_ Interim City Manager FEDERAL WAY ' Jim Handmacher Joel Marks Allen Locke 31132 28th Avenue So_uth Bob Stead P.O. Box 8057 Lynn Templeton Federal Way,WA 98003-8057 Jim Webster (206)941-1696 March 5 , 1990 Clerk King County Records & Election King County Courthouse Seattle, WA 98104 Re: Concomitant Agreements (3) City of Federal Way Dear Clerk: Enclosed please find two copies of the following Concomitant Agreements for recording: 1. CAG 90-8 Re: Zoning of Campus Crest Property (Parcel 5) 2. CAG 90-9 Re: Zoning of Campus Highland Townhome Property (Parcel 7) 3 . CAG 90-10 Re: Zoning of Fred Meyer Retail Store Site Please return one conformed copy of each agreement for the City' s files. Also enclosed is our check in the amount of $48 . 00 for cost of recording. Thank you for your courtesies. Yours very truly, CITY OF FEDERAL/ WAY���� Delores A. Mead, CMC City Clerk DM:cg Enclosures - check cc: City Manager City Attorney- Mayqr CITY OF Council Members Debbie Ertel Mary Gates Interim City Manager FEDERAL WAY ' Jim Handmacher Joel Marks Allen Locke 31132 28th Avenue South Bob Stead P.O.Box 8057 Lynn Templeton Federal Way,WA 98003-8057 Jim Webster (206)941-1696 March 5, 1990 Roundup Co. 3800 S. E. 22nd Avenue P. 0. Box 42121 Portland, OR 97242 Attn: Alex J. Lelli, Jr. Vice-President Re: Concomitant Agreement with City of Federal Way CAG 90-10 Dear Mr. Lelli: • Enclosed herewith please find an executed copy of the Concomitant Agreement between the City of Federal Way and Roundup Co. /Fred Meyer, Inc. , for a retail store site zoning located south of S.W. Campus Drive between S.W. 19th Avenue and S.W. 21st Avenue in Federal Way, Washington. Yours very truly, CITY OF FEDERAL WAY 94,641.4., C/ /*-ezd.- Delores A. Mead, CMC City Clerk DM:cg Enclosure cc: City Manager City Attorney rr _ iti' rr.L. 1l (tp 2. 27. 199U 18: 01 P. .. A a Roundup Co. 3800 S.E. 22nd Ave. P.O. BOX 42121 PORTLAND, OR 97242 (503) 239.7425 February 27 , 1990 City of Federal Way Federal Way, Washington Re: Fred Meyer Site Nr. SEC S.W. 336th St. & S.W. 2lst Ave. federal Way, Washington To The City of Federal Way: Please be adviaed ,that Cheryl D. Perrin, Vice President of tied Meyer, Inc. ioi on authorized agent of 1'toundup Co. and is authorized to execute an agreement regarding site plan and development issues betweenn t11v City of rederal Way and Roundup Co. , a Washington corporation and subsidiary of Fred Meyer, Inc. , pertaining to the above referenced property. ROUNDUP CO. By:• C/41...4 /44; Alex Jelli, Vice President AOS.OLN