AG 90-010 - FRED MEYER ROUNDUP CO n ,r
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02/27/Aq 5 0p ; ?� ego RECD F 14.00
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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
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noncharter optional municipal code city incorporated under the
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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
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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
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C) follows:
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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
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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
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approval by the City of Federal Way staff. Fred Meyer will
0 provide appropriate assurances that said landscaping will be
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O maintained and dead or damaged plants will be replaced on a
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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
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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
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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
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of increased landscaping on undeveloped Parcel #3. It is
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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
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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,
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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
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p per 1,000 square feet of gross floor
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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
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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
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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
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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
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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)
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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
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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
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along said parallel line North 01°13'45" East,
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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.
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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