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2018-06-19 Council PKT - RegularThe City Council may add items and take action on items not listed on the agenda. City Council Meetings are wheelchair accessible; and assisted listening devices for use in the Council Chambers are available upon request to the City Clerk. Regular Meetings are recorded and televised live on Government Access Channel 21. To view Council Meetings online please visit www.cityoffederalway.com. CITY COUNCIL REGULAR MEETING AGENDA Council Chambers - City Hall June 19, 2018 – 7:00 p.m. 1. CALL MEETING TO ORDER 2. PLEDGE OF ALLEGIANCE 3. PRESENTATIONS a. Heritage Tree Program - Dominic Barrera, Executive Director of Plant Amnesty b. Mayor’s Emerging Issues and Report  Veteran’s Way (S 320th Street)  25th Annual Red, White and Blues Festival at Celebration Park on July 4  Press Conference: “Spotlight on the Arts” 2018-19 Season Preview and Sponsorship Celebration for the Performing Arts and Event Center on June 20 at 6:00 p.m.  Panther Lake Trail Ceremonial Groundbreaking on June 21 at 10:00 a.m.  Report on Community Events: Let’s Paint 2018 Volunteer Event (6/9); “Rise with Us” Special Olympics Rally (6/9); Ace Hardware Ribbon Cutting (6/15); 29th Annual Flag Day Celebration (6/16) 4. CITIZEN COMMENT PLEASE COMPLETE A PINK SLIP AND TURN IT IN TO THE CITY CLERK PRIOR TO SPEAKING. When recognized by the Mayor, come forward to the podium and state your name for the record. Please limit your comments to three minutes. The Mayor may interrupt comments that exceed three minutes, relate negatively to other individuals, or are otherwise inappropriate. 5. CONSENT AGENDA Items listed below have been previously reviewed in their entirety by a Council Committee of three membe rs and brought before full Council for approval; all items are enacted by one motion. Individual items may be removed by a Councilmember for separate discussion and subsequent motion. a. Minutes: May 29, 2018 Special Meeting; June 5, 2018 Regular and Specia l Meeting … page 3 b. Resolution: Retreat Meadows Final Plat Approval … page 17 c. LED Street Light Conversion Project - 30% Design Status Report … page 49 The City Council may add items and take action on items not listed on the agenda. City Council Meetings are wheelchair accessible; and assisted listening devices for use in the Council Chambers are available upon request to the City Clerk. Regular Meetings are recorded and televised live on Government Access Channel 21. To view Council Meetings online please visit www.cityoffederalway.com. d. Puget Sound Gateway Program (SR167 and SR509 Completion Projects) Local Funding and Phasing - Memorandum of Understanding … page 52 e. Pacific Hwy South HOV Phase 5 - Additional Funding for Construction Administration … page 64 f. Panther Lake Trail Pervious Concrete Construction Contract … page 66 6. PUBLIC HEARING a. Resolution: Adoption of 2019 -2024 Transportation Improvement Plan … page 69  Staff Report  Citizen Comment (3 minutes)  Council Discussion/Action 7. COUNCIL BUSINESS a. 2018 National Highway System (NHS) Preservation Project (16th Ave S and SW Campus Drive) Bid Award, Acceptance of Additional Grant Funding, and Authorization to Transfer Funds … page 76 b. Spectra Venue Management Contract f or management of Performing Arts & Event Center … page 82 8. COUNCIL REPORTS  Council Committee Reports & Updates 9. ADJOURNMENT COUNCIL MEETING DATE: June 19,2018 ITEM#: 5a CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: CITY COUNCIL MEETING MINUTES POLICY QUESTION: Should the City Council approve the draft minutes for the May 29,2018 Special City Council Meeting and the June 5,2018 Regular and Special City Council Meetings. COMMITTEE: N/A MEETING DATE:N/A CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Stephanie Courtney, City Clerk DEPT: Mayor's Office Attachments: Draft minutes for the May 29,2018 Special City Council Meeting Draft minutes for the June 5,2018 Special and Regular City Council Meetings Options Considered: 1. Approve the minutes as presented. 2. Amend the minutes as necessary. MAYOR'S RECOMMENDATION:N/A MAYOR APPROVAL: N/A N/A CITY CLERK APPROVAL: 0 ub lig Committee Council . I4 ate Initial/Date Initial/Date COMMITTEE RECOMMENDATION:N/A N/A N/A N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the minutes as presented." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIED 1ST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED-12/2016 RESOLUTION# 44k. CITY OF Federal Way CITY COUNCIL SPECIAL MEETING MINUTES Council Chambers - City Hall4040p May 29, 2018 — 5:00 p.m. #9',<46)‘ 1. CALL MEETING TO ORDER Mayor Ferrell called the meeting to order at 5:01 p.m. City officials in attendance: Deputy Mayor Susan Honda, Councilmember Jesse Johnson, Councilmember Mark Koppang, Councilmember Martin Moore, and Councilmember Dini Duclos. City staff in attendance: City Attorney Ryan Call and City Clerk Stephanie Courtney. Councilmember Lydia Assefa-Dawson joined the meeting at 5:04 p.m. Councilmember Hoang Tran joined the meeting at 5:08 p.m. 2. PLEDGE OF ALLEGIANCE Mayor Ferrell led the flag salute. 3. STUDY SESSION — 2019/2020 BIENNIAL BUDGET WORKSHOP a. Budget Process and Authority: Council Role/Responsibility: Finance Director Ade Ariwoola reviewed the RCW's regarding the overall budget process. He highlighted RCW 35A.12.100 which states"The Mayor shall be the chief executive and administrative officer of the city, in charge of all departments and employees, with authority to designate assistants and department heads. He or she shall prepare and submit to the council a proposed budget as required by Chapter 35A.33". Mr. Ariwoola noted on or before October 1, 2018 the Finance Director shall submit to the Mayor a proposed preliminary budget. The proposed budget will be based on comparative actual receipts for the last fiscal year(2017);estimated receipts for the current fiscal year(2018);and estimated receipts for the ensuing fiscal year (2019). The proposed budget is then filed with the City Clerk's Office six weeks before the beginning of the new fiscal year (November 15). Following this process the City Council will hold a public hearing to gather taxpayer input on the proposed budget document. He noted the final biennial budget is adopted by ordinance. Director Ariwoola reviewed the items that may affect the 2019/2020 biennial budget which include: • Health Insurance Costs (15% increase $433,260 annually) Federal Way City Council Special Minutes Page 1 of 2 May 29, 2018 • Retirement Rate Contribution (PERS increase from 12.7% to 12.87% $12,024 annually& LEOFF decrease from 5.43% to 5.25% ($16,764) annually) • 2018 Budget ($300,000 to balance 2018 replacement of 5 new police cars) • Five Additional Police Officers ($200,000 annual city responsibility for salary) • Union Negotiations and Contracts (unknown at this time) • SCORE Jail Facility Costs He briefed the council on various ongoing revenue options, some of which have already been implemented. Citizen Comment: Graham Evans stated a zero based budget will give the Council tightly examined options and priorities. He asked the Council look into the revenue the Blue Ribbon Panel projected in contrast to the actual revenue of the Performing Arts and Event Center. Bob Oldriqht spoke in opposition of a proposed storage facility tax. He is currently in the process of building a new facility in the city and while he can appreciate the need for revenue, he feels his industry is unfairly targeted. Bruce Judson spoke in opposition to a proposed storage facility tax. He pays impact fees to the city currently and does not feel his business increases costs that would be covered by taxes such as police, fire and school. He suggested the city look internally at expenses. Jeff Oldriqht spoke in opposition to enacting a storage facility tax.This singles out self-storage businesses unfairly. The city has the obligation to treat all businesses equally. Dana Hollawav stated the city is not receiving revenue from low-income properties who qualify for property taxes exemptions, in addition to property owned by Government, schools, and non-profits. The Mayor and Council thanked Mr. Ariwoola for his presentation. 4. ADJOURNMENT There being nothing further on the agenda; Mayor Ferrell adjourned the Special Meeting at 6:51 p.m. Attest: Stephanie Courtney City Clerk Approved by Council: • Federal Way City Council Special Minutes Page 2 of 2 May 29, 2018 40„ZAh6. CITY OF ew,„,,00.0. Federal W CITY COUNCIL SPECIAL MEETING MINUTES Council Chambers - City Hall June 5, 2018 — 5:30 p.m. 404) 444>,, 1. CALL MEETING TO ORDER Mayor Ferrell called the meeting to order at 5:34 p.m. City officials in attendance: Mayor Jim Ferrell, Deputy Mayor Susan Honda, Councilmember Lydia Assefa-Dawson, Councilmember Jesse Johnson,Councilmember Hoang Tran,Councilmember Mark Koppang,-Councilmember Martin Moore, and Councilmember Dini Duclos. City staff in attendance: City Attorney Ryan Call and City Clerk Stephanie Courtney. 2. PLEDGE OF ALLEGIANCE Mayor Ferrell led the flag salute. 3. STUDY SESSION — 2019/2020 BIENNIAL BUDGET Finance Director Ade Ariwoola presented a spreadsheet listing thel 0-Year Capital Replacement Plan. He noted the allocations are informational and just a reminder to give an idea of what items are outstanding and looking forward. Mr.Ariwoola stated the city needs to look at revenue sustainability in order to continue to maintain the city-owned properties. Councilmembers thanked Mr. Ariwoola for the presentation and asked various clarifying questions regarding shared costs with the school district for shared parks; safety issues at sports facilities and the community center; and more information on the costs in 2020 and 2021 at Steel Lake Park. No citizen comments were received. 4. EXECUTIVE SESSION .At 5:59 p.m. Mayor Ferrell announced the Council would be recessing into executive session to discuss potential litigation pursuant to RCW 42.30.110(1)(i) for approximately 45 minutes. Federal Way City Council Special Minutes Page 1 of 2 June 5, 2018 5. ADJOURNMENT Council returned to Chambers at 6:45 p.m.There being nothing further on the agenda; Mayor Ferrell adjourned the Special Meeting at 6:45 p.m. Attest: Stephanie Courtney City Clerk Approved by Council: • Federal Way City Council Special Minutes Page 2 of 2 June 5, 2018 41/41, CITY OF Federal Way CITY COUNCIL REGULAR MEETING MINUTES Council Chambers - City Hall June 5, 2018 — 7:00 p.m. Di& 1. CALL MEETING TO ORDER Mayor Ferrell called the meeting to order at 7:04 p.m. City officials in attendance: Mayor Jim Ferrell, Deputy Mayor Susan Honda, Councilmember Lydia Assefa-Dawson,Councilmember Jesse Johnson,Councilmember Hoang Tran, Councilmember Mark Koppang, Councilmember Martin Moore, and Councilmember Dini Duclos. City staff in attendance: City Attorney Ryan Call and City Clerk Stephanie Courtney. 2. PLEDGE OF ALLEGIANCE Mayor Ferrell led the flag salute. 3. PRESENTATIONS COUNCILMEMBER DUCLOS MOVED TO REMOVE ITEM 5G RESOLUTION/2018 FEE SCHEDULE AMENDMENT FROM THE CONSENT AGENDA AND SEND IT BACK TO(FEDRAC) COMMITTEE FOR FURTHER CONSIDERATION; DEPUTY MAYOR HONDA SECOND.The motion passed unanimously as follows: Deputy Mayor Honda yes Councilmember Koppang yes CouncilmemberAssefa-Dawson yes Councilmember Moore yes Councilmember Johnson yes Councilmember Duclos yes Councilmember Tran yes COUNCILMEMBER MOORE MOVED TO REMOVE ITEM 5E TEG AWARDS JULY-DECEMBER 2018 FROM THE CONSENT AGENDA AND PLACE THIS ITEM ON COUNCIL BUSINESS (ITEM 7B) FOR COUNCIL DISCUSSION; COUNCILMEMBER KOPPANG SECOND.The motion passed unanimously as follows: Deputy Mayor Honda yes Councilmember Koppang yes CouncilmemberAssefa-Dawson yes Councilmember Moore yes Councilmember Johnson yes Councilmember Duclos yes Councilmember Tran yes • Federal Way City Council Regular Minutes Page 1 of 9 June 5, 2018 a. Proclamation: 2018 Special Olympics Washington Councilmember Moore read and presented the proclamation to Dave Lennox, President of Special Olympics. Mr. Lennox thanked the Mayor and Council for the recognition. Economic Development Director Tim Johnson played a short video which highlights the upcoming Special Olympic Games in Washington. He stated the swimming and softball competitions held in Federal Way is an amazing opportunity to showcase the city. Mr. Johnson also reported on additional national and international events coming to the region this summer including the Marine Advanced Technology Education (MATE) International ROV (remotely operated vehicles) Competition in June and the 2018 16-A Girls' USA Fast Pitch National Competition at Celebration Park in the end of July. b. Proclamation: 2018 Special Olympics, USA Games Mayor Ferrell read and presented the proclamation to Beth Knox, President and CEO of the 2018 Special Olympics USA Games. Ms. Knox was pleased to accept the proclamation and thanked the Mayor, Council and the city for the incredible support and hospitality. Mayor Ferrell encouraged everyone to attend the "Rise with Us" Rally at the Farmer's Market on June 9 at 10:00 a.m. to support our local athletes. c. Recognition of Special Olympics Teams qualified to represent Team Washington Parks Inclusion Coordinator Kevin Hutchinson and Special Olympics Assistant Sharon Boyle read and presented signed Certificates of Recognition to the local Federal Way athletes including: • Soccer Team: Brad Norman, Brandon Groscost, John Emmett, Jonathan Leckband, Laura Gorgen, Patrick Jensen, Tara Guenther, Viana Lopez, and Willie Blockson. • Flag Football Team: Alex Williams, Benjamin Kennish, Gary Mork, Joshua Bennett, Nicolas King, Richard Reyes, Samuel Shelton, Roy Stewart, and Troy Marsh • Others, Individual: Timothy Dempsey, and Nicolas Rasmussen Mayor Ferrell and the Council congratulated the athletes and wished them well in the Games. d. Certificate of Appointment: Arts Commission Councilmember Johnson read and presented the Certificate of Appointment to Arts Commission Karen Brugato, who was appointed at the last regular meeting. e. Mayor's Emerging Issues and Report Mayor Ferrell reported that the Police Department,along with Valley SWAT,the DEA Task Force and other local and federal agencies served six(6)illegal marijuana manufacturing warrants in Federal Way. He was pleased to report ten(10) individuals were arrested and booked on various charges stemming from the illegal manufacturing with intent to sell. He thanked the Police Department staff and other jurisdictions for their hard work on this issue which has become a growing problem in our community. He encouraged everyone to attend the upcoming Paint the Fence community volunteer project on June 9. Volunteers will be gathering and organizing at Calvary Church at 9:00 a.m. and then weather dependent paint the fence line along S 320th Street. Federal Way City Council Regular Minutes Page 2 of 9 June 5, 2018 Mayor Ferrell also encouraged everyone to attend the 29th Annual Flag Day Celebration at the Commons Mall on Saturday, June 16 at 9:30 a.m. Community Development Director Brian Davis updated Council on recent developments regarding the IRG Property. Mr. Davis reviewed the property layout and current applications and status, he noted the time to review these land use proposals has been significant due to the unique zoning, complexity of the project and available staff. Mayor Ferrell reported on a recent Sound Transit Tacoma Dome Link Extension Tour he attended on May 18; and reported on various community events including Blue Poppy Days (5/19); Touch a Truck (5/19); and the Federal Way Coalition Against Human Trafficking 5K(5/19). Councilmember Johnson spoke regarding the Federal Way Youth Forum which will be held June 11 at 6:30 p.m. 4. CITIZEN COMMENT Susan Petersen spoke in concern over continued and increasing noise due to the airport.She would like to the city to do more for the citizens. Mayor Ferrell asked Senior Advisor Yarden Weidenfeld to briefly update Council on this issue including his attendance and representation on the Highline Forum. Councilmember Moore left the meeting at 8:22 p.m.; he returned to Chambers at 8:29 p.m. Ron Beckerdite spoke in concern with the IRG property. He lives on North Lake and feels the traffic will increase dramatically with the addition of semi-trucks who will be servicing these warehouse facilities. Councilmember Duclos left the meeting at 8:24 p.m.; she returned to Chambers at 8:26 p.m. Dana Hollaway spoke in opposition to development on the former Weyerhaeuser campus. She feels it is of great importance to save this property from becoming an industrial development. Sharon Armstrong spoke in support of Centerstage Theater.She is a neighbor of the Knutzen Family Theater for over 10 years and sees value the performance group brings to the community. Carol Duval spoke in support of Centerstage and saving the theater. Vicki Kirchner speaking on behalf of World Vision is concerned with the potential traffic impact on their corporate headquarters and the environmental impacts. She would like comprehensive traffic and environmental studies completed on the entire Greenline Business Park Project. Cindy Flanagan thanked Director Davis on the IRG update; she feels the project is being "piecemealed" and should be reviewed as one project for cumulative impacts to the environment and the surrounding area. Debra Hansen read written comments by Lori Secrist regarding traffic impacts and continuing environmental and habitat concerns with the redevelopment plans of the former Weyerhaeuser campus/ IRG Property. Judy Zurligen spoke in concern of the Transportation Improvement Plan. She is concerned Federal Way City Council Regular Minutes Page 3 of 9 June 5, 2018 with developers and projects which she feels is not considering critical areas. Carol Tagayun representing AT&T spoke regarding the small cell ordinances on the agenda. Trista Duval spoke in support of Centerstage, she recently met with the School District and will be continuing the efforts to connect with youth in the community through programs and will be prioritizing programs such as Page to Stage. Zachary Greenside is concerned with increased public drug use in the community. Angela Baylor spoke in support of Centerstage and the importance of arts programs in communities. Peggy Darling spoke in support of Centerstage and small businesses in the city. Suzanne Vargo is concerned if changes made to the Title 14 and 19 (sensitive and critical area code) in 2014 were done to benefit the environment or undermine ecology standards. Michael Brown agrees with earlier comments from Lori Secrist. He noted the group is in agreement on the fact that IRG bought the property and has a right to need a return on investment. He feels warehouses are not the right fit for the property. Jean Parietti spoke on behalf of the Save Weyerhauser Campus group,sharing an open letter to the community. Richard Pierson feels public comments should still be allowed on the IRG applications up to and including the appeal to the Hearing Examiner. Letter read into the record by the City Clerk from Taylor Davis who is supportive of funding Centerstage. 5. CONSENT AGENDA a. Minutes: May 15, 2018 Regular and Special Meetings b. Vouchers— April 2018 c. Monthly Financial Report-April 2018 d. Safe City Camera Equipment Agreement c. TEG Awards July Dccembcr 2018 pulled and approved separately at Council Business f. Special Olympics Tourism Grant Contract g. RESOLUTION: 2018 Fee Schedule Amendment pulled and referred to Committee DEPUTY MAYOR HONDA MOVED APPROVAL OF CONSENT AGENDA ITEMS A-D;AND ITEM F AS PRESENTED; COUNCILMEMBER ASSEFA-DAWSON SECOND. The motion passed unanimously as follows: Deputy Mayor Honda yes Councilmember Koppang yes CouncilmemberAssefa-Dawson yes Councilmember Moore yes Federal Way City Council Regular Minutes Page 4 of 9 June 5, 2018 Councilmember Johnson yes Councilmember Duclos yes Councilmember Tran yes 6. PUBLIC HEARING Mayor Ferrell opened the public hearing at 9:38 p.m. a. Updated 2018 Program Year CDBG Annual Action Plan Community Services Manager Jeff Watson provided a brief presentation regarding the updated 2018 CDBG Annual Action Plan. Mr. Watson noted the plan was approved in January based upon the anticipation of funds expected along with contingency language. He reported they were awarded a higher amount and this update reflects that change. In response to Council questions, Mr. Watson confirmed all programs which applied for CDBG funding were funded. No citizen comments were received. COUNCILMEMBER JOHNSON MOVED TO CLOSE THE PUBLIC HEARING;COUNCILMEMBER MOORE SECOND. The motion passed unanimously as follows: Deputy Mayor Honda yes Councilmember Koppang yes Councilmember Assefa-Dawson yes Councilmember Moore yes Councilmember Johnson yes Councilmember Duclos yes Councilmember Tran yes COUNCILMEMBER JOHNSON MOVED APPROVAL OF THE UPDATED PROGRAM YEAR 2018 CDBG ANNUAL ACTION PLAN WITH THE HUMAN SERVICES COMMISSION RECOMMENDATIONS AND AUTHORIZE THE MAYOR TO EXECUTE ALL DOCUMENTS ASSOCIATED WITH THE PLAN AND CORRESPONDING FUNDING AGREEMENTS WITH THE US DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; COUNCILMEMBER MOORE SECOND. The motion passed unanimously as follows: Deputy Mayor Honda yes Councilmember Koppang yes CouncilmemberAssefa-Dawson yes Councilmember Moore yes Councilmember Johnson yes Councilmember Duclos yes Councilmember Tran yes 7. BUSINESS a. Proposed settlement regarding the Lamon Estate Lawsuit DEPUTY MAYOR HONDA MOVED APPROVAL OF THE PROPOSED SETTLEMENT IN THE MATTER OF THE ESTATE OF JOYCE LAMON VS.CITY OF FEDERAL WAY IN THE AMOUNT OF $92,500; COUNCILMEMBER DUCLOS SECOND. The motion passed unanimously as follows: Deputy Mayor Honda yes Councilmember Koppang yes Councilmember Assefa-Dawson yes Councilmember Moore yes Councilmember Johnson yes Councilmember Duclos yes Councilmember Tran yes b. TEG Awards July- December 2018 Federal Way City Council Regular Minutes Page 5 of 9 June 5, 2018 COUNCILMEMBER MOORE MOVED APPROVAL OF THE JULY-DECEMBER 2018 TOURISM ENHANCEMENT GRANT AWARDS AS RECOMMENDED BY FEDRAC,WITH THE EXCEPTION OF POWELLSWOOD (GARDEN) WHICH I FURTHER MOVE TO RETURN TO LTAC FOR FURTHER CONSIDERATION AND BRING BACK AT A FUTURE MEETING; COUNCILMEMBER KOPPANG SECOND. Councilmember Moore would like more review on the recommendation made by the Lodging Tax Advisory (LTAC) Committee to not award a TEG allocation to Powellswood Garden. Economic Development Director Tim Johnson was asked to speak to this issue. Mr. Johnson noted Powellswood is currently bringing in tourism to the city, however the hotel stays are spread over various other hoteliers and campgrounds, who are not specifically represented on the LTAC Committee. Mr. Johnson supports the requested allocation of$2,500 to Powellswood Garden and stated the Council has the authority or overrule the committee recommendation. COUNCILMEMBER MOORE RESTATED THE MOTION AS FOLLOWS: MOVE APPROVAL OF THE JULY-DECEMBER 2018 TOURISM ENHANCEMENT GRANT AWARDS AS RECOMMENDED BY FEDRAC, WITH THE ADDITION OF AWARDING $2,500 OF TEG FUNDS TO POWELLSWOOD (GARDEN); COUNCILMEMBER KOPPANG SECOND. The motion passed unanimously as follows: Deputy Mayor Honda yes Councilmember Koppang yes CouncilmemberAssefa-Dawson yes Councilmember Moore yes Councilmember Johnson yes Councilmember Duclos yes Councilmember Tran yes DEPUTY MAYOR HONDA MOVED TO SUSPEND COUNCIL RULES AND EXTEND THE MEETING PAST 10:00 P.M.; COUNCILMEMBER MOORE SECOND. The motion passed unanimously as follows: Deputy Mayor Honda yes Councilmember Koppang yes CouncilmemberAssefa-Dawson yes Councilmember Moore yes Councilmember Johnson yes Councilmember Duclos yes Councilmember Tran yes 8. ORDINANCES Second Reading/Enactment a. Council Bill#739: Adopting Interim Land Use Regulations to Control the Provision of Telecommunications Facilities within the City/APPROVED ORDINANCE #18-850 AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO THE ADOPTION OF INTERIM LAND USE REGULATIONS AND OFFICIAL CONTROLS PURSUANT TO RCW 35A.63.220 AND RCW 36.70A.390 TO CONTROL THE PROVISION OF TELECOMMUNICATIONS FACILITIES WITHIN THE CITY; AMENDING FWRC 19.05.010, 19.05.050, 19.05.130, 19.05.170 AND 19.05.240 TO REVISE AND REPEAL DEFINITIONS RELATING TO WIRELESS COMMUNICATIONS; FWRC 19.15.010 TO EXEMPT STREET USE APPROVALS; FWRC 19.190.030 TO CLARIFY THE APPLICATION OF UNZONED PROPERTY TO RIGHT-OF-WAY USE; REPEALING CHAPTER 19.255 FWRC; AND ADDING A NEW CHAPTER 19.255 FWRC RELATING TO WIRELESS COMMUNICATION FACILITIES. City Attorney Ryan Call clarified a minor technical change between first and second Federal Way City Council Regular Minutes Page 6 of 9 June 5, 2018 readings. He referenced page 24 of the proposed ordinance. The change is found under section (3)"Strand mounted small cell facilities". It currently reads"shall not exceed three (3) cubic feet in volume"; the previous version stated "shall be less than three (3) cubic feet in volume". City Clerk Stephanie Courtney read the ordinance title into the record. COUNCILMEMBER KOPPANG MOVED APPROVAL OF THE PROPOSED ORDINANCE AS AMENDED; COUNCILMEMBER MOORE SECOND. Clerk's Note: Deputy Mayor Honda briefly left Council Chambers; upon her return she affirmed a vote in support of the ordinance. Mayor Ferrell, announced the ordinance passed unanimously as follows: Deputy Mayor Honda yes Councilmember Koppang yes CouncilmemberAssefa-Dawson yes Councilmember Moore yes Councilmember Johnson yes Councilmember Duclos yes Councilmember Tran yes b. Council Bill#740:Amending Title 4 FWRC to Establish Regulations Relating to Small Cell Deployments, Franchising, and Small Cell Permits in the City's Rights-of-Way/ APPROVED ORDINANCE#18-851 AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO SMALL CELL DEPLOYMENTS, FRANCHISING, AND SMALL CELL PERMITS IN THE CITY'S RIGHTS-OF-WAY AND FEDERALLY REQUIRED REVIEW PERIODS; AMENDING CHAPTER 4.22 FWRC AND ADDING NEW CHAPTERS 4.23 AND 4.24 FWRC. City Clerk Stephanie Courtney read the ordinance title into the record. COUNCILMEMBER KOPPANG MOVED APPROVAL OF THE PROPOSED ORDINANCE; COUNCILMEMBER MOORE SECOND. The motion passed unanimously as follows: Deputy Mayor Honda yes Councilmember Koppang yes CouncilmemberAssefa-Dawson yes Councilmember Moore yes Councilmember Johnson yes Councilmember Duclos yes Councilmember Tran yes c. Council Bill #741: Amend FWRC 19.80 Regarding Docket Process and Department of Commerce Notification/APPROVED ORDINANCE #18-852 AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO THE ANNUAL COMPREHENSIVE PLAN AND DEVELOPMENT REGULATION AMENDMENT PROCEDURE;AND AMENDING FWRC 19.80.050, 19.80.070, 19.80.080, 19.80.090, 19.80.170, 19.80.180, 19.80.260, AND 19.80.270. City Clerk Stephanie Courtney read the ordinance title into the record. COUNCILMEMBER KOPPANG MOVED APPROVAL OF THE PROPOSED ORDINANCE; COUNCILMEMBER ASSEFA-DAWSON SECOND. The motion passed unanimously as follows: Deputy Mayor Honda yes Councilmember Koppang yes CouncilmemberAssefa-Dawson yes Councilmember Moore yes Federal Way City Council Regular Minutes Page 7 of 9 June 5, 2018 Councilmember Johnson yes Councilmember Duclos yes Councilmember Tran yes 9. COUNCIL REPORTS • Council Committee Reports & Updates p p Councilmember Assefa-Dawson reported on recently attending the Ending Homelessness Conference in Yakima and the increase in barriers for those in public housing programs. Councilmember Johnson reported on the May 8 PRHSPS Council Committee where they had presentations regarding the REET Center in Tacoma that offers youth employment, counseling and training as well as a presentation on culture responsive police training. He reviewed the items on upcoming June 12 agenda, and added there will be an update on the Homelessness Task Force. He reported he recently visited homeless encampments with Deputy Mayor Honda. Councilmember Tran recently participated with Councilmember Assefa-Dawson in a Jury Diversity' Committee meeting hosted by Judge David Larson. Based upon survey results, Federal Way has one of the lowest numbers for participation in jury duty by minority populations. The committee agreed to continue to work on this issue with community members. Councilmember Koppang reported on the items discussed at the last meeting of the LUTC meeting, thanking staff for their work on the Retreat Meadows Final Plat, and reporting on the upcoming conversion project to LED streetlights. He added context to previous comments regarding the TIP in that the purpose of the TIP is to create and manage a list of potential projects and seek grant funding. He stated any project selected off the TIP still goes through the regulatory process that all projects go through. He recently attended the Sustainable Airport Master Plan Open House in Burien which was great to hear the citizens comments of these neighboring cities in sharing the same concerns. He also reported on a program though the King County Library System "Makers Space"for youth and young adults. Councilmember Moore reported on the recent LTAC meeting which reviewed the TEG Awards, Special Olympics and tourism. He thanked Director Tim Johnson for all of his hard work in the realm of Economic Development. The next meeting is Wednesday at 10:00 a.m. at City Hall. He also stated he is supportive of a Centerstage contract and requested a meeting with Director Hutton. He recently held a Coffee and Conversation series where he spoke with local non-profits and interested citizens working towards solutions together. The next event will be June 23 9:30 a.m. Councilmember Duclos reported on a recent interaction with local businesses in Ocean Shores where she advised on the power of public speaking to affect change. She feels it is very important for citizens to bring issues forward to Council. Deputy Mayor Honda reported based on the top goals as set by the Council at the Annual Council Retreat, she has requested the Finance, Economic Development, Regional Affairs Committee to add additional meetings, which are open to the public, to address goals #1 and #2. She also reported taking her grandson to the annual fishing derby at Steel Lake and she thanked Melinda in the Parks Department who made this sold out event. She reminded everyone of the Flag Day Event scheduled for June 16th at 9:30 a.m. in the Federal Way Commons parking lot bordering 320th Federal Way City Council Regular Minutes Page 8 of 9 June 5, 2018 10. EXECUTIVE SESSION • Potential Litigation pursuant to RCW 42.30.110(1)(i) canceled. 11. ADJOURNMENT There being nothing further on the agenda; Mayor Ferrell adjourned the Regular Meeting at 10:21 p.m. Attest: Stephanie Courtney City Clerk Approved by Council: Federal Way City Council Regular Minutes Page 9 of 9 June 5, 2018 5b COUNCIL MEETING DATE: June 19,2018 ITEM#: ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT RESOLUTION: RETREAT MEADOWS FINAL PLAT APPROVAL POLICY QUESTION: Should the City Council adopt a resolution approving the Retreat Meadows Final Plat, (City File No. 17-104044-SU)? COMMITTEE: Land Use/Transportation MEETING DATE: June 4,2018 CATEGORY: ® Consent D Ordinance ❑ Public Hearing ❑ City Council Business ® Resolution ❑ Other STAFF REPORT BY: Jim Harris, Planner DEPT: Community Development Attachments: 1. June 4,2018, Retreat Meadows Final Plat Staff Memorandum,with Revised Plat Map(Exhibit 1). 2. Resolution approving the Retreat Meadows Final Plat. 3. Retreat Meadows Final Plat Staff Report,May 7, 2018,with exhibits. Options Considered: 1. Approve the Final Plat and Resolution as presented. 2. Modify the Final Plat and/or Resolution and approve as modified. 3. Do not approve the Final Plat and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1 MAYOR APPROVAL: i O J`/�� j��rl/�f DIRECTOR APPROVAL: di--1- f/2;J1$ mmit e Council T��''�"I" Initial/Date Initial/Date Initial/Date COMMITTEE RECOMMENDATION: I move to forward the proposed resolution to the June 19, 2018, consent agenda for approval. elf______„ Mark Kopp ►�, Committee Cha' ss Johnson, Committee Member Hoang Tran,Committee Member PROPOSED COUNCIL MOTION: "I move approval of the proposed resolution. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# 0 DENIED First reading O TABLED/DEFERRED/NO ACTION Enactment reading O MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED-12/2017 RESOLUTION# CITY OF \ Federal Way Community Development Department CITY OF FEDERAL WAY MEMORANDUM DATE: June 4,2018 TO: Land Use&Transportation Committee VIA: Jim Ferrell,Mayor FROM: Brian Davis, Community Development Director .)clim Harris, Planner SUBJECT: Retreat Meadows Final Plat Resolution BACKGROUND: LUTC reviewed the Retreat Meadows final plat at its May 7, 2018, meeting and recommended approval of the final plat to the City Council. Following LUTC review, and prior to the City Council review and decision on the final plat scheduled for May 15, 2018, at the request of the City, the applicant submitted to the City revised language regarding the purpose and intent of Tract A. Due to the revised language for Tract A, City staff recommended the final plat be sent back to LUTC in order to review and approve the modified final plat map. On May 15, 2018,the City Council returned the Retreat Meadows final plat to LUTC for further consideration. The final plat map (Exhibit 1) has now been modified in four places, clarifying the purpose of Tract A, and creating an access easement over Tract A. The following revisions to the final plat map have been made since the LUTC review on May 7, 2018: • The first note in the Tract Conveyance section of the final plat on sheet 8 has now been revised by the surveyor. The note adequately identifies the intent of Tract A for a future access to the adjacent property via an access easement. • An easement has been added on sheet 8, to create an access easement over Tract A. The added easement meets the requirements of the preliminary plat approval. • Notes on the Tract Legend Block on sheet 2, and the note on Tract A on sheet 3, have also been revised by the surveyor to adequately describe the purpose of Tract A. The notes adequately identify the intent of Tract A for a future access to the adjacent property. The Retreat Meadows final plat is consistent with the preliminary plat approval and meets applicable FWRC requirements. RETREAT MEADOWS PLAT SHEET 1 OF 8 IN THE SE 1/4 OF THE NE 1/4 OF SECTION 30,TOWNSHIP 21 NORTH,RANGE 4 EAST,W.M. CITY OF FEDERAL WAY,KING COUNTY,WASHINGTON DEDICATION APPROVALS KNOW ALL PEOPLE BY THESE PRESENTS THAT WE,THE UNDERSIGNED OWNERS OF INTEREST IN THE LAND HEREBY DEPARTMENT OF PUBLIC WORKS SUBDIVIDED,HEREBY DECLARE THIS PLAT TO BE THE GRAPHIC REPRESENTATION OF THE SUBDIVISION MADE HEREBY, AND DO HEREBY DEDICATE TO THE USE OF THE PUBLIC FOREVER ALL STREETS AND AVENUES NOT SHOWN AS PRIVATE HEREON AND DEDICATE THE USE THEREOF FOR ALL PUBLIC PURPOSES NOT INCONSISTENT WMI THE USE THEREOF FOR EXAMINED AND APPROVED THIS_DAY OF ,2008. PUBLIC HIGHWAY PURPOSES,AND ALSO THE RIGHT TO MAKE ALL NECESSARY SLOPES FOR CUTS AND FILLS UPON THE LOTS AND TRACTS SHOWN THEREON IN THE ORIGINAL REASONABLE GRADING OF SAID STREETS AND AVENUES,AND FURTHER DEDICATE TO THE USE OF THE PUBLIC ALL THE EASEMENTS AND TRACTS SHOWN ON THIS PLAT FOR ALL PUBLIC PURPOSES AS INDICATED THEREON,INCLUDING BUT NOT LIMITED TO PARKS,OPEN SPACE, S AND DRAINAGE UNLESS SUCH EASEMENTS OR TRACTS ARE SPECIFICALLY IDENTIFIED ON THIS PLAT AS BEINGG DEDICATED OR CONVEYED PUBLIC WORKS DIRECTOR TO A PERSON OR ENTITY OTHER THAN THE PUBLIC,IN WHICH CASE WE DO HEREBY DEDICATE SUCH STREETS, EASEMENTS,OR TRACTS TO THE PERSON O0.ENTITY IDENTIFIED AND FOR THE PURPOSE STATED. FURTHER,THE UNDERSIGNED OWNERS OF THE LAND HEREBY SUBDIVIDED,WAIVE AND RELEASE FOR THEMSELVES, THEIR HEIRS AND ASSIGNS AND ANY PERSON OR ENTRY DERIVING TIRE FROM THE UNDERSIGNED,ANY AND ALL CLAIMS FOR DAMAGES AGAINST THE CITY OF FEDERAL WAY,ITS SUCCESSORS AND ASSIGNS WHICH MAY BE OCCASIONED BY THE DESIGN,ESTABLISHMENT,CONSTRUCTION,OPERATION,FAILURE TO OPERATE,OR MAINTENANCE OF ROADS AND/OR DRAINWATER GE SWITH,N THE SUBDIVISIONS NSHE GROUNDWINURFACE,INAGE OR EENTION DRAINAGE OR IES DESIGNED SUBSURFACE DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES WATER FLOWSLYWITHIN NAF O M UANO DRAINAGE O0.DETENTION FACILITIESWREW N A RECEIVE OR ACTUALLY RECEIVING DRAINAGE FROM THE SUBDIVISIONS AND THE CITY D QUATE WAY'S REVIEW AND APPROVAL OF PLANS AND PERMITS FOR SAME OTHER THAN CLAIMS RESULTING FROM INADEQUATE MAINTENANCE BY THE CRY OF DAY OF ,2018.EXAMINED AND APPROVED THIS FEDERAL WAY. - FURTHER,THE UNDERSIGNED OWNERS OF THE LAND HEREBY SUBDIVIDED,AGREE FOR THEMSELVES,THEIR HEIRS AND ASSIGNS TO INDEMNIFY,HOLD HARMLESS AND DEFEND THE CITY OF FEDERAL WAY,ITS SUCCESSORS AND ASSIGNS, FROM AND AGAINST ANY DAMAGE,INCLUDING THE COSTS OF DEFENSE,CLAIMED BY PERSONS WITHIN OR WITHOUT THE COMMUNITY DEVELOPMENT DIRECTOR SUBDIVISIONS TO HAVE BEEN CAUSED BY THE DESIGN,ESTABLISHMENT,CONSTRUCTION,OPERATION,FAILURE TO OPERATE,OR MAINTENANCE OF ROADS AND/OR DRAINAGE SYSTEMS,ALTERATIONS OF THE GROUND SURFACE, VEGETATION,DRAINAGE,OR SURFACE OR SUBSURFACE WATER FLOWS WITHIN THE SUBDIVISIONS OR WITHIN ANY DRAINAGE OR DETENTION FACILITIES DESIGNED TO RECEIVE OR ACTUALLY RECEIVING DRAINAGE FROM THE SUBDIVISIONS AND THE CITY OF FEDERAL WAY'S REVIEW AND APPROVAL OF PLANS AND PERMITS FOR SAME.PROVIDED, THIS WANED AND INDEMNIFICATION SHALL NOT BE CONSTRUED AS RELEASING THE CITY OF FEDERAL WAY,ITS SUCCESSORS OR ASSIGNS FROM LIABILITY FOR DAMAGES,INCLUDING THE COST OF DEFENSE,RESULTING FROM AND TO THE EXTENT OF THE SOLE NEGLIGENCE OF THE CITY OF FEDERAL WAY,ITS SUCCESSORS OR ASSIGNS. THIS SUBDIVISION,DEDICATION,RELEASE,INDEMNIFICATION OF CLAIMS AND AGREEMENT TO HOLD HARMLESS IS MADE ,^ WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF SAID OWNERS. FEDERAL WAY CITY COUNCIL IN WITNESS WHEREOF WE SET OUR HANDS AND SEALS, EXAMINED AND APPROVED THIS DAY OF ,2018. 356TH STREET MANAGEMENT LLC gy: MAYOR IIS: Al i6Si: ACKNOWLEDGEMENT CITY CLERK STATE OF WASHINGTON ) 144 COUNTY OF KING ON THIS DAY PERSONALLY APPEARED BEFORE ME TO ME KNOWN TO BE THE OF 356T11 MANAGEMENT LLC,THE COMPANY T1iAT EXECUTED THE WITHIN AND FOREGOING COMPANY,FOR THEUMENT,AND USESAND PURPOSES THEREIN MENTIONEGED SAID INSTRUMENT TO OTMnN ON DAFREE DTH STETEDRY ACT AND THAT HE/SHEEED OF SAID WAS AUTHORIZED KING COUNTY DEPARTMENT OF ASSESSMENTS TO EXECUTE SAID INSTRUMENT ON BEHALF OF THE COMPANY. EXAMINED AND APPROVED THIS_DAY OF ,2018. LINEN UNDER MY HAND AND OFFICIAL SEAL THIS_DAY OF ,2018. NOTARY PUBLIC IN AND FOR THE STATE OF WASHINGTON KING COUNTY ASSESSOR DEPUTY COUNTY ASSESSOR MV COMMISSION EXPIRES ACCOUNT NUMBERS:302104-9020,-9021,-9058,AND-9082 LEGAL DESCRIPTIONS (PER SCHEDULE B SPECIAL EXCEPTIONS,STEWART TITLE GUARANTEE COMPANY GUARANTEE NUMBER G-6329-8791 DATED JULY 12,2017 AT 2:45 PM.,ENDORSEMENT 1,FILE NO.01148-71042,ATTACHED TO POLICY NUMBER G-6329-8791,DATED FEBRUARY 20,2018,AND DATE DOWN ENDORSEMENT 1 DATED APRIL 11,2018) PARCEL.A FINANCE DIVISION CERTIFICATE PARCEL 3021049021: THE WEST HALF OF THE EAST HALF OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF I HEREBY CERTIFY THAT ALL PROPERTY TAXES ARE PAID,THAT THERE ARE NO DELINQUENT SPECIAL SECTION 30,TOWNSHLF 21 NORTH,RANGE 4 EAST,W.M.,IN KING COUNTY,WASHINGTON; ASSESSMENTS CERTIFIEDTO THIS OFFICE FOR COLLECTION,AND THAT AU.SPECIAL ASSESSMENTS CERTIFIED TO THIS OFFICE FOR COLLECTION ON ANY OF THE PROPERTY HEREIN DEDICATED AS STREETS,ALLEYS,OR FOR EXCEPT THAT PORTION WITHIN LIBO ROAD AND SOUTHWEST 356TH STREET; OTHER PUBLIC USES ARE PAID IN FULL THIS_DAY OF ,2018. ALSO EXCEPT THAT PORTION THEREOF CONVEYED TO KING COUNTY BY DEED RECORDED UNDER RECORDING NO. 9001100184. MANAGER DEPUTY PARCEL B PARCEL 3021049058: THE EAST HALF OE THE EAST HALF OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 30,TOWNSHIP 21 NORTH,RANGE 4 EAST,W.M.,IN KING COUNTY,WASHINGTON; EXCEPT THE NORTH 300 FEET THEREOF; ALSO EXCEPT THAT PORTION CONVEYED TO KING COUNTY FOR SOUTHWEST 356TH STREET(LIMO ROAD)BY DEEDS RECORDED UNDER RECORDING NURSERS 698892 AND 2760469; RECORDER'S CERTIFICATE TOGETHER WITH THE WEST 30 FEET OF THE NORTH 300 FEET OF SAID EAST HALF OF THE EAST HALF OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 30,TOWNSHIP 21 NORTH,RANGE 4 EAST,IN KING FILED FOR RECORD AT THE REQUEST OF 356TH STREET MANAGEMENT LLC,THIS DAY OF COUNTY,WASHINGTON; 2018,AT MINUTES PAST M.AND RECORDED IN VOLUME OF PLATS AT PAGES EXCEPT THAT PORTION CONVEYED TO KING COUNTY FOR NORTHWEST 356TH STREET(LBO ROAD)BY DEEDS RECORDED UNDER RECORDING NUMBERS 698892,2760469 AND 8910160168; RECORDING NUMBER: TOGETHER WITH AN EASEMENT FOR INGRESS AND EGRESS AS DELINEATED IN DOCUMENT RECORDED AUGUST 19,1991 KING COUNTY RECORDER: UNDER RECORDING NO.9108190218. FEE: BY: PARCEL RESUBMITTED PARCH 3021049082: THE NORTH 300 FEET OF THE EAST MALE OF THE PAST HALF, THE WEST HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 30,TOWNSHIP 21 NORTH,RANGE 4 EAST,W.M.,IN KICOUNTY,COUNTY,WASHINGTON; EXCEPT THE NORTH 30 FEET THEREOF FOR ROAD; ALSO EXCEPT THE WEST 30 FEET THEREOF; �� /� 2018 ALSO EXCEPT THE NORTHERLY 12 FEET CONVEYED TO KING COUNTY BY DEED RECORDED UNDER RECORDING NO. L `/ o 0910241010. PARCH D PARCH 3D21D49020: ,(PITY FEDERALS■�■�)[C�■SWAY THE ION HALF OOF THEIPWEST HALF AN THE EAST HALE OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF `•�"� H FRIT T 0)4 fl I SECTION 30,TOWNSHIP 21 NORTH,RANGE 4 EAST,W.M. (ALSO KNOWN AS TOT 3 OF KING COUNTY BOUNDARY LINE ADJUSTMENT NO.08-1D1306-00-SU,RECORDED UNDER RECORDING NO.200911903900001.) www SITUATE IN THE COUNTY OF KING,STATE OF WASHINGTON. PAGE 4- OF SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT THIS PLAT OF RETREAT MEADOWS IS BASED UPON AN ACTUAL SURVEY AND SUBDIVISION OF SECTION 30, B EY LE R TOWNSHIP 21 NORTH,RANGE 4 EAST,W.M.,AS REQUIRED BY STATE CONSULTING STATUTES;THAT THE DISTANCES, .f COURSES,AND ANGLES ARE SHOWN Y♦.:_APA 7�7 THEREON CORRECTLY;THAT THE I/ j�/`: • Plan.Design.Manage MONUMENTS SHALL BE SET AND LOT JN[, CONTACT AND BLOCK CORNERS SHALL BE / '� STAKED CORRECTLY ON THE �� NM° PHONE: 253-301-4157 ORRICE CITY OF FEDERAL WAY FILE NO. GROUND,AND THAT HAVE 2 FAX 253-336-3950 5920100TH ST SW,STE 25 COMPLIED WITH THE PROVISIONS We Beylerconsultlng.com LAKEWOOD,WA 98499 17-104044-SU OF THE STATE AND LOCAL STATUTES `,,,...............,.,.............I AND REGULATIONS GOVERNING DAWN.BY: CHIC.BY: JOB NO: DATE: SCALE: PLATTING. S Z/-/P) EBR tgold 16.394 05/21/2018 AS NOTED RETREAT MEADOWS PLAT SHEET 2OF8 IN THE SE 1/4 OF THE NE 1/4 OF SECTION 30,TOWNSHIP 21 NORTH,RANGE 4 EAST,W.M. CITY OF FEDERAL WAY,KING COUNTY,WASHINGTON V) w ENCASED MONUMENT Q ENCASED MONUMENT NORTH 1/16 CORNER (F) / (J)(0)(B) ENCASED MONUMENT W I z_ / U)(0)(F)(B) >1 N L Q ENCASED MONUMENTS _ _ N B8°50'01"W 604.88' _ = Rc286488'L�8794'N=13.45 30" — • SW 356TH STREET _ L d' < R=282288'L=329A3'A�°41'll" ,.! _ — — ,r.141�"' 1 ) SLOPES AND UTILTIIES EASEMENT �1 _ PER REC.N0,8910241011. WALL AND UTILITY 1 EASEMENT PER REC.ND. 2 I SEE RESTRICTION 3,SHEET 8. v yn 9001100188.SEE _I� I REBAR AND CAP#19635(0) ti N RESTRICTION a,SHEET 8. / TRACT E ti 5 SLOPES&UTILITIES J — 400:y o EASEMENT PER REC.N0. 3 15'INGRESS,EGRESS 6 UTILITIES 42' ''�A 8ION2,169.SE. 4 I EASEMENT PER REC.NO.9108151496. P4'` D$RESTRICTION 2,SHEET 8. // SEE RESTRICTION 5,SHEET 8. o� 7 4 ARCEL CI I PARCEL SEA TRACT PURPOSE OWNERSHIP AREA TABLE 5 TOTAL SITE 635,290 TRACT A INITIALLY FOR LANDSCAPING PRIVATEIn PARCEL SRI T TOTAL LOTS 430,866 UNTIL PRIVATE ROAD VEHICULAR Z PRIVATE ALLEYS 8,781 ACCESS TO ADW LE TO NT PROPERTY L7 SIGHT SF TER 46,037 TS DEVELOPED IN THE FUTURE C 1 8413 _ _ 9 �' o RIGHT OF WAY 142,834 TRACTS DETENTION POND PUBLIC 10 2 9025 LOT 1 8 TRACT O 0 OPENSGPING/ TRACT C DETENTION POND PUBLIC u1 \ SPACE/ TRACT D LANDSCAPE BUFFER PRIVATE z 3 6292 PARCEL 3021049125 >' /� RECREATION TRACT F ALLEY PRIVATE I C / / \ z (TRACE A B D) 6,770 TRACT F ALLEY PRIVATE Q 4 7518 ) a LTYP)PSE EASEMENT N0.3 PER 56 °L.._ u .P•, N � 5 7415 REC.NO.20180406001005. 10 / I iU C — — ,.�00,"— — — —— LU 0] 6 7205 SEE RESTRICTION 8,SHEET 8. / N ,"'., A°'0 >w 0 09° REBAR AND CAP#19635(0) Q / 55 Z ,g o,, I� I 7 7252 tj o S 8186 N / I / O"' �� I,y ,,,,,;,,,-pru 12 I 1 P 9 7239 ¢ 10 7211 —49.13" I 6 11 7270 4'? — I 54 53 52 (TYP)PSE EASEMENT NO.1 PER— L I REC.NO.20180906001005. 12 7288 Qw IA 13 SEE RESTRICTION 8,SHEET 8. I_ LOT 2I 10' PSE EASEMENT N0.2 T 7359 PARCEL 3021099169 PER REC.N0.20180906001005. 30' ry el 14 ]359 �0 I — —— _ SEE RESTRICTIONS,SHEET 8. 15 7380 g 14 j N 89°02'04'W 327.99' SW 358TH ST AUS 358TH SW 358TH ST a wSTREET 16 7490 Z "( in tv 17 7466 142,8346 SF RIGHT OF L 1 "� L 1 ' ry 16 7316 WAY DEDICATED TO THE 15 1 ° 19 7219 CITY(8FEDERAL WAY I I 43 44 45 46 97 1 REBAR AND CAP#19635(0) Z OF O LA REBAR AND CAP#19635(0) 34' 20 7219 I UJ I I ILL I 21 7219 LOT B 1fi > U LOT 1 PARCEL 3021099121 I Q Q PARCEL 3021099156 22 7219 C) I 92 31 Q_ TRACT 0 23 1861 WEST UNE EAST1/2 1J I N I I 11)H 24 7494 SE1/4 NE1/4(5)(L) — -'/ 41 50 O 25 7261 I 2fi J233T 2 p 6 SW 358TH PL a PARCEL 30021049004 P 0,""..e.-''' 2J 7204 41,\y0y,Po9p- _ _ --:.\ \ I 90 49 ^P44-SG �.t O,P. 28 7242 4-&2.....0.., PARCEL A LPARCEL B— PARCEL m �6:o I9 ,4s-,°'°,,o°°� O.Dy18 I 33 c�"y 29 7243 P4'P 0 I 39 45 I .�Z P" fP'L~ 30 1962 ��S P I I I R+ 4.,•42'4 J/// 19 I T, �.,V P 31 86]9 REBAR AND CAP I I I 32 32 8690 #16213(L)(S) I 38 31 36 35 34 I LOTS I LOT4 33 8692 20 I II I 8 PARCEL 30210/9157 PARCEL 3021049,58 130' 34 7918 LOT A PARCEL 33021049126 I \` — J/ 31 Z 35 7293 ,�( 36 ]292 21 SW 359TH PL / \ 37 7293 I �/ — __ t _ __ _ _ - 38 7x74 I21 39 8498 60 8999 24 25 26 27 28 29 30 TRACT C PARCEL 3021049092 01 8500 z3 I II 02 8501 _ (' I I I — _l_. — — _f- - ij.43 7412 N 89°07'11"W 655.57' L 1� N B9°07'11°W 327.82'` 10'PUGET POWER EASEMENT it 44 7270 PER REC.NO.7709260766. REBAR AND CAP sEE REfiTxlrnon 1,sHeer e.95 7303 #10708(5) REBAR AND CAP#19635(0) EAST 1/4 CORNER 46 1335 SOUTH UNE SE1/4 NE1/4(0) REBAR AND CAP#19635(0) = BRASS IN CONCRETE DOWN 0.797 7547 ILLANEE IR HIGH SCHOOL IO (0)(F)(B 98 8480 PARCEL 3022049013 tO r'1 49 8480 I 50 8480 (U3(\ 51 8480 . FOUND MONUMENT AS NOTED MARCH 2016 BASIS OF BEARINGS \ 52 7479 53 7411 FOUND REBAR AND CAP AS NOTED MARCH 2016 ASSUMED:THE BEARING OF THE EAST LINE OF THE T 54 8418 (0) PER FEDERAL WAY 81W 20090903900001 NORTHEAST QUARTER OF SECTION 30 FROM THE �� ■ EAST QUARTER CORNER TO THE 1/16TH CORNER IN A ... 55 7553 (5) PER FEDERAL WAY BLA 199208079001 SW 356TH STREET IS NORTH 01°29'23"WEST. 56 7335 20. ®F se ROW 142834 (L) PER RECORD OF SURVEY 198704019007 PAGE TRACT 3925 (B) PER RECORD OF SURVEY 20150304900002 EQUIPMENT USED TRACT B 28551 TOPCON TOTAL STATION.STANDARD FIELD TRAVERSE (F) PER RECORD OF SURVEY 20071115900005 TRACT C v+86 METHODS FOR CONTROL AND STAKING. TRACTD 2545 (J) PER JOHN ROE ADDITION tili TRACT E 4346 (M) MEASURED DIMENSION THIS SURVEY TRACT F 4935 r. JOB NO: DATE: 7.14.1";!:: R 16.394 -` 05/21/2018 • 100 50 0 100 200 \l R e�l�YSCALE: 1"= 100 IBEYLER �j�y/' s` CONSULTING " IWu LOD CONTACT CITY OF FEDERAL WAY FILE NO. 17-104044-SU �• .........,_,.,,,,,,,pp,,,,,,,,n phone:zs3-301-x157 OFFICE fax:253-336-3950 5-V-/el beyler[OSSAIEng com 5920 Lakewood,WA 98499 RETREAT MEADOWS PLAT SHEET 3 OF 8 IN THE SE 1/4 OF THE NE 1/4 OF SECTION 30,TOWNSHIP 21 NORTH,RANGE 4 EAST,W.M. CITY OF FEDERAL WAY,KING COUNTY,WASHINGTON V) UJ > < (f) R=2864.86' 0 W 3232.60' A=0.0r5V CNI r - ------' Tis sw 11.12.4239 F- _ ------- Rw2864.88 Lw • 't ------- SW 356TH STREET 142,834±SF R/GHT OF WAY DEDICATED TO THE .F., CITY OF FEDERAL WAY .`*: (A I i:21 R=2622.68.La.32943'4=6.41'11" \ ___-- -- -----ROW DEDuICFAFE-fra sm-m-Rp1;.21-t801111:88:1-7•L.272796:0,5781 5:350;2466:,_L.,132-.8.176,2,1:05_1_2__511 _ , TRACT D IANOSCAPE B .05,120 00_ 0 I- -_T 7 __.•=1,10,9,_FLA _ 7 r__ st) cr) i __ ____ ____ I ?2! I IUJ r ,t1 ! i'i . 1 LOT 1 - I i z '611 LOT 2 -1811 , SETBACK UNE TABLE Ell L231-0?-, t___ 14 > 4:C dUNE* LENGTH DIRECTION L. L21 11- -4 -,,88°33'35"W 14.5.17 :--1--- "6' % L.J L10 50.00 N81,33'35NI 149 95I Li • 111 15.20 51926.25'W N 88.33'35"W ' 1. .! TRACT E A ry w cc L12 18.67 N88•33.35"W r L20 ,..,TI PRIVATE, I PRIVATE ALLEY 1.... LE-1 ,,PRIVATE UTILIIES EASEMENTS u CL 113 2.92 S7793234.6, gl Ar-, "(LIE ,,, N 88.33'35''W 143.94' LIM 13.70 N58.491,W L17-- rn-- LOT 3 _ I LOS 46.98 S314165W ,o 2 21....„, -1f z, L16 44.59 #39.33.20.1 4°/ ''',. / % ro P.':IR L17 4.32 75'26'25'E ‘4 .‘0, .., LOT 4 I _ / I L18 15.00 N88033'35,6 * N /.1a4,4% ''''' - _14 85°33'35.W 103.79' >,../ '',•,.99 . 1-19 16.00 NI926.25.1 1,,, T- --- -, , ,,,, 4'.5-9,„,,,, 120 124.95 (198933`35.W g ) C t'N"°'' f'k'''s / / ii,Id. R ,..•,r.,- , 121 124.95 N88433151N I.9., / ''?z.'; p ,?8?6, u* 15.00 : S1926'25744 64 f / PN., Ns I ',... Z..4/.., / i 0? ..?? 2 Z '''s .°''''.? / ''O ,S / 123 10.00 NSB°33'35°W !Al fil LOT 7 •7 4, ;7 N N 1 -.... , k‘? 124 42.17 I S1`26.25,11 XI 122 L1.3,, / 4''.4.°/ N N. LOT 5 I 76' I Ell-- --'-' •e`"? N '4N ''..'? i ,;,N; Jo, * ..„ .5b...>, / , 4 • .',1y 41 N 88.33'3..W 76.12' L4 N N 're'r L Z...4 N N LOT 6 // /i•Pg' 4_60.00', 16.11' 1 1 $.. A A N N N 11).3:4 // // ‘'''' i j ,t, .20'-- qf'v a Ls I •; s.,) /ey 4; En N / / I/ / 4,'' ., LOT 9 ,,,,,,. o,"1„,„C>. "'..9,,x'\ / / o . N 1.'is., '`.4.,'<e, ' N N / /I 0 0`,"'; s; / 8 N t..0. %, . / , 4., ,..„,./,„. + 3., ,.. / 14 P4 N '.''''',,,, ''''''' 1 A\ ,,,,,-, ,....s\ TRACT A .4)• z<;', 5' , , c' ..i. F'..r- .,,,-----INITIALLY FDR LOT 8 ^P96 IANDSCAPING UNTIL +43,..44'l' .C..`r te.„ +417., PRIVATE ROAD VEHICULAR ACCESS / ',' R?.... ,R, „IR 7 1-,./N\:, ,,,,,e0 TO ADJACENT I L •___146'766138.3n 5"W 82,136' 4,-4 ..99-7-.. :531 L_ -1 3...„., ,.,Pe',,,,, ---8. PROPERTY IS 0 ,(:), ,t9-.. ..„,,, ,co/ / \:::„N",,,,, DEVELOPED IN DIE 49 i ':SI* .43 ) / LOT1_2:8: -11-3-74aa' / '' '54* / 'Y / //i/‘411 V' / /1;',:ei __ __ _ / l';'g‘; r_ 7 / / SEE SHEET 4 /1'4; 52' IV .4', ^/ / ,L // / / < ..„4, ..7,''''./ / up,"'„... i ..,i,:,/ / /N \\N. ,.. / N * ,,,,,P'gi 4; $'/ ,S/ / / LOT 55 \ \‘‘ ,, N N. LO:56 ..„ IP\ I ko N N _ ;;,-, ' L, . I ' '11*ZS'D'.---- N58612'371"W I 1n01.25'5:1- .05. LEGEND /1---_-0-00 i BACK --,„, ® COMMINE MONUMENT TO SE SEr - • REF!.AND CAP YTGOLD 22016.TO BE SET E . & PUER/C WATER AND SEWER EASEMENT.SEE SHEET 8.EASEMENT PROVISION 1. ACCESS AND UTILITY EASEMENT.SEE SHEET 8.EASEMENT PROVISION 2. 1 "TICAkCB<U=SIG SEE XI'! ,& ACCESS AND UTILITY EASEMENT.SEE SHEET 8.EASEMENT PROVISION 3. I PAGE A4 PRIVATE WATER&SEWER EASEMENT.SEE SHEET 8.EASEMENT P850151094. __. F- 5, 5'---I - PRIVATE WATER&SEWER EASEMENT.SEE SHEETS,EASEMENT PROVISION S. I 40•6160.616664, JOB NO: DATE: JOINT UTILITY EASEMENT.SEE SHEETS.EASEMENT PROVISION 6. 1 ..1 a 16.394 05/2112018 OPT LOTS WHERE THEREe IS 11P. • plo• 30 15 0 30 60 I 7:WITICELTOW-77;I ir -i,figrk/1..402:,,,.!..!;,..04/3' -. -- = SETBACK IS t0'. SCALE: 1"=30' i- - BEYLER CONSULTING CONTACT CITY OF FEDERAL WAY FILE NO. 17-104044-SU { FRONT * 0 phone:253-301-4157 OFFICE fax:253-336-3950 5920 100th St.SW Ste.25 S-z...1-/t3 beylenconsulting.corn Lakewood,WA 98499 RETREAT MEADOWS PLAT SHEET4OF8 IN THE SE 1/4 OF THE NE 1/4 OF SECTION 30,TOWNSHIP 21 NORTH,RANGE 4 EAST,W.M. CITY OF FEDERAL WAY,KING COUNTY,WASHINGTON L J • N 88°33'35"W 130.23' SFF S/'66-7.3 r 7 i,; I / ih� I o1 LOT 11 / / ti a i" / i wIl I / ''- / 25 9 W�— L — _ J / ri N 88°32'31"W 1001.25' J' / N /r\6`, 51.25' • • N 88°33'35°W 114.47' / 50.00' F of n I I j�ry n I on a +� NI LOT 12 I I�ta 8L I n I p 0 1 N I IR • ——N 8B°33'35"W 111.50' j LOT 54 LOT 53 = LOT 52 b n 1 N _ `Di LU a w m 1 0z. 0 R't0 ' 6 I § Z 1. v 1 e1 LOT 13 I b °• o f Pa z I I el 1 � N I 30' 30' L — J L _ J L gi 1 —J - - Q• N 88033'35'W 111.50' '� T fi 1 10'- z a 31.28' 50.00' 49.97' 142,83 I SF RIGHT OF I.,` • 0 it" WAY DEDICATED TO THE N 89°02'04"W 1131.25' CIT'OF FEDERAL WAY I o 1 " / I SW 358TH ST I I o N. LOT 14 I e _ ROW DEDICATION . 1 nl I I w / S 89°02'04°E 372.46' — w 1 LLI u m nm 2 L I . IH LU • N 88°33'35"W 111.50' N 69'02'04"W•135.65' II 5-) Ol • ZI. • N89 LU r40.91' 63.04' c 63.04' 1 of r!b — - —I f f I - I— LOT 15 \ 30' 26' �to I I o I� I- ni N L - - 1 r.. IL I I� ° N 88°33'35°W 112.58'— I n LOT 43 LOT 44 LOT 45 lw o• n Zr- Ie IS I 1 a ( Z lZ h wz I IZI N1 LOT 16 I ry N o z � l e1 1 ry W o L _J0 63,01' o I Q 3 • 65.70' J • • 31.I L 69' • 31.31• z e I N 88°33'35"W 160.40' • N 88°33'35°W 114.39' • r 1 mr I I— 7 N - I LOT 42 I wI II IR I1 I V I El 21 LOT 17 m L J aL 1 " l 1 f 26' 26'to• • _ N 88°33'35"W 160.38' 1 1 J_. Mr • N 88°33'35"W 90.50' Gp o 1:9LOT 41 I '''lL6 0 SW 358TH PL ' 1 I 21 "' — ROW DEDICATION ,15' L . N 88°33'35°W 141.50' 1. •...1'iii11 J 1 to 10' _I_ N 88°33'35"W 160.37' • SEE SHEET 5 I N i s l 1o SEE SSHEET 5 111110 LEGEND z +' BACK ® CENTERLINE MONUMENT TO BE SET — 7- - • REBAR AND CAP"TGOLD 22016"TO BE SET 1 L S EXHIBIT , PUBLIC WATER AND SEWER EASEMENT.SEE SHEET 8.EASEMENT PROVISION 1. TYPICAL BUILDING Q2 ACCESS AND UTILITY EASEMENT.SW SHEET B.EASEMENT PROVISION 2. I SETBACK LINES I • ®� Q3 ACCESS AND UTILITY EASEMENT.SEE SHEET 8.EASEMENT PROVISION 3. 1 I PAGE 4Q PRIVATE WATER&SEWER EASEMENT.SEE SHEET B.EASEMENT PROVISION 4. — H. 5' 5'--I — QS PRIVATE WATER 8 SEWER EASEMENT.SEE SHEET 8.EASEMENT PROVISION S. JOB NO: DATE: JOINT UTILITY EASEMENT.SEE SHEET B.EASEMENT PROVISION 6. '¢¢��_.AS R.,0 16.394 05/21/2018 1 ON LOTS WHERE THERE IS 4"," 'A e�y lL STREET FRONTAGE ON TWO ` • . ° ' 30 a15 0 30 60 srD6s,rHF STREErsmF I i) �" SETBACK 151°` '- % BEYLER SCALE: 1"=30' L— n —— /,�.'.;1�;.., S ? CONSULTING E i CONTACT CITY OF FEDERAL WAY FILE NO. 17-104044-SU ,...............,,,,,,,,,,,,,,,,�� phone:253aol-4 S7 OFFICE FRONT Fax:253-336-3950 5920 100th SL SW Ste.25 5-ti-I6 beyletconsultIng.com Lakewood,WA 98499 RETREAT MEADOWS PLAT SHEET 5 OF 8 IN THE SE 1/4 OF THE NE 1/4 OF SECTION 30,TOWNSHIP 21 NORTH,RANGE 4 EAST,W.M. CITY OF FEDERAL WAY,KING COUNTY,WASHINGTON SEE SHEET 4 SW 358TH PL ;., L� i — ROW DEDICATION"W41. = I 4 J N 88°33'35"W 141.50' t v .-,\_d5' L — • • w 10' LL- N 88°33'35"W 160.37' Ig io. -1 ',Ir. N 88°33'35"W 90.50' b LOT 40 T r �s I I NI I L J zL • • �I LOT •18 I I N 88°33'35"W I Of1_.35' - I 1 M u, I o r L J I N I LOT 39 • N 88°33'35"W 115.50' I NI ro r 1 m I I • 1_—65,70' •N 88°33'35" W 160.34' • • —I r 31.64' :;;II LOT 19 I - 26' 26' ry r— — tii I 1 8 L 1 • • N 88°33'35"W 115,50' I m r ———— - , it LOT 38 L. LOT 37 LOT 36 X10' © I e UD "'I LOT 20 b z z �I I LJ I L-. -- — --J L- — — _i L_ ___ 1I x Li_ "• N 88"33'35"W 115.50' - I Cj� _ wN 40.70' 62.96'r 1 • 0• 62.16' Cr) N 88°33'35"W 266.31' ry I I o -,,&3, 142,8341 SF RIGHT OF WAY I z DEDICATED TO THE CITY OF Z NI ..743,.__.4_ - FEDERAL WAY(8 ) I LOT 21 IN 88°33'35"W1 317.31' �I I ko RI I SW 3591H PL L N IQ Q ROW DEDICATION 1 5 6 1 N 86"33'35"W 266.31' • N 88°33'35"W 115.50' z i— 31.50' • _ • • 6,T'-37.5'— 54.00' .'. 54,00' 54.00' e1 LOT 22 I e W o I I Z ¢ '49 ( -I u L LU :43, s J > g I "I to- gri • N 88°33'35"W 115.50' 3 ° z Z L.- LOT 24 I LOT 25 I wl LOT 26 All LOT 27 ~ I N I zrQ 1 P ryl �I LOT 23 I I z z zl P zi z I I I II l P I (. L —— — -155.51'- —— J 26.00' 26.001 I— — —_i ` J L l— L ` • 56.50 • 54.0�T- • 54.00' • 54.00' N 89°07'11"W 655.57' I I LEGEND BACK CENTERLINE MONUMENT TO BESET E X H I R T • • REBAR AND CAP TGOLD 22016"TO BE SET 5 Ql PUBLIC WATER AND SEWER EASEMENT.SEE SHEET B.EASEMENT PROVISION 1. TYPICAL BUILDING PAGE ■ 2Q ACCESS AND UTILITY EASEMENT.SEE SHEET 8.EASEMENT PROVISION 2. SETBACK LINES 3Q ACCESS AND UTILITY EASEMENT.SEE SHEET B.EASEMENT PROVISION 3. Q4 PRIVATE WATER&SEWER EASEMENT.SEE SHEET B.EASEMENT PROVISION 4. .-- I-5' 5'-I - SQ PRIVATE WATER&SEWER EASEMENT.SEE SHEET 8.EASEMENT PROVISION 5. DA/2: 6 JOINT UTILITY EASEMENT.SEE SHEET 8.EASEMENT PROVISION 6. R. ., 16.394 _ 05/21/2018 ONLOTSWHERETHEREIS gr.��Y�♦Ct> STREET FROMAGE ON RNO t'/ ' 30 15 0 30 60 SIDES,THE STREET SIDE 1 'i/ °` SETBACK I5IB•. irR'��la►'�4. BEYLER SCALE: l"=30' i— 1--- J ' 1\ CONSULTING o i.. I+YWM , CONTACT ", phone:253-301-4157 OFFICE CITY OF FEDERAL WAY FILE NO. 17-104044-SU 1 FRONT fax:253-336-3950 5920 100th St.SW Ste.25 •5"-2I-/e> beylerconsulttn9.cam Lakewood,WA 98499 I RETREAT MEADOWS PLAT SHEET 6 OF 8 IN THE SE 1/4 OF THE NE 1/4 OF SECTION 30,TOWNSHIP 21 NORTH,RANGE 4 EAST,W.M. CITY OF FEDERAL WAY,KING COUNTY,WASHINGTON J SEE SHEET 7 • cr N 88°31'26'W 160.00' • - rn - Ln J � � _� 1 I WI LOT 50 - i w C I F•I I N N Q o w TRACT B m IJ F ^' DETENTION POND ry J =L ° o 2o • z z z 28,551±SF TRACT B 1 ;,91- N 88°31'26"W 160.00' 1--1 DEDICATED TO THE CITY OF FEDERAL WAY(4 ) In 1 I WI LOT 49 I g • I NI N 88°32'31"W 115.90 T. JzL J I I I 1o1- —— N 88°31'26"W 160,00' • o r 1 i LOT 33 2� Ni LOT 48 I N LL°- I I^/ —� mo .';,- 1 v�3 J =L_ Js i L J. • • N 88°31'26'W 160.00'• a.8 N BB°32'31"W 115,88' 63.00' 65.65' • r—— _ —1 f —— — —I1 I I I I g-PI LOT 32 6 A I N 26' 26' ^ I In L" I LOT 35 w 1 LOT 34 m I m1 KEL J 8 I or N 88°32'31"W 115.86' �� z z I 0:5'J L_ —— '- -I L - Ig I I 63.00' _-- i i LOT 31 h • • 36.69' I o A, V / I m W N 88°33'35"W 266.31' 04494' o' / / U) Co s9il° e ,/, ii I w W y'°� O 'r (9 W N 88°33'35"W 317.31' `9' ,Y Vti m ti SW 359TH PL „.-0. "sz° N88°32'31"W 103.81' �8 ROW DEDICATION aL 5 y Cti0 '< "?8J:.•S3. z F i N 88°33'35"W 266.31' ery - / <”, 4 _� 54.50' 18.31' C9 ' / 11 7 —1 P — 'I p TRACT C LOT 28El a LOT 29 LOT 30 DETENTION POND 01 oz z z z 17,486W SF TRACT C DEDICATED TO THE CITY OF FEDERAL WAY(Y ) .L —r L = _1 � ._ -._ - _ - - .-I 54.50' • 54.00' • 54.00' • 107.04' N 89°07'11"W 655.57' I _. •' —— —— I— = • I— LEGEND CD } BACK CENTERLINE MONUMENT TO BE SE7r —7 M • A • REBAR AND CAP'TOOLE,22016'TO BE SET I T EXHI IT _•/■�_ cn ,L, PUBLIC WATER AND SEWER EASEMENT.SEE SHEET 8.EASEMENT PROVISION I. I TYPICAL BUILDING PAGE L O F 9 Q ACCESS AND UTILITY EASEMENT.SEE SHEEP 8.EASEMENT PROVISION 2. I SETBACK LINES Q3 ACCESS AND UTILITY EASEMENT.SEE SHEET 8.EASEMENT PROVISION 3. ®PRIVATE WATER&SEWER EASEMENT.SEE SHEET B EASEMENT PROVISION 4. — 1—5' S' ,L,PRIVATE WATER&SEWER EASEMENT.SEE SHEET 8.EASEMENT PROVISION S. 6 10INT UTILITY EASEMENT.SEE SHEET 8.EASEMENT PROVISION 6. 70B NO: DATE: y4 R. 16.394 �� 05/21/2018 ON LOTS WHERE THERE ISI 49.,_z,:•% STREET FRONTAGE ON TWO ` I�� z 1 30 15 O 3D 60 SIDES,THE STREET SIDE �I/ '�,'' — SETBACK IS 10'. SCALE: 1"=3or L___ _ — — '�'"R►>5-` '"f ° B EY LE R 'q ''L eb CONSULTING o ONL 1A4T CONTACT CITY OF FEDERAL WAY FILE NO. 17-104044-SU 4 (ex,2:253-301-4157 OFFICE 5 FRONT p fax:253-336-39.0 5920 100th St.SW Ste.525 S.—It-IS beylerconsuldng.com Lakewood,WA 98499 RETREAT MEADOWS PLAT SHEET 7 OF 8 IN THE SE 1/4 OF THE NE 1/4 OF SECTION 30,TOWNSHIP 21 NORTH,RANGE 4 EAST,W.M. CITY OF FEDERAL WAY,KING COUNTY,WASHINGTON 10'- mfr — SW 358TH ST — — -- L n 1 PER REC.NO. 13 N 89°02'04"W 327.99' _ --- 0 w ) S 89°02'04"E 372.46' — 5 89°02'04'E 150.00' Ft..-:07.-07---\7---- � I m P.o 358TH ST L=42.05' 142,834.SF RIGHT OF WAy p=4°49'07" �rpROPOSED W " ROW DEDICATION DEDICATED TO THE CITY OF m I SEWER EASEMENT I V) �� ) z • N B9°02'04°W 134.79' __ 63.00' • FEDERAL WAY(6 "R=530.00' __ 40.44' N 89°02'04"W 49.47'. L=41.78' --- \\Cy I 0'3 4=4°30'58" —j r_ -- - -_1 7-- - -1 -,- 26' 26' 1 ILI _ e = n m w w -1 lo'`© n LU LOT 46 LOT 47 m 28,551.SF TRACT B V - _ DEDICATED TO THE CITY OF m m '`! (n z FEDERAL WAY(O ) n - m WIw O "+ z u w z z CA in Q rw J TRACT B ci m o & s DETENTION POND _J I_ - - z zU) z 63.00' J '--— r--1+ N 86°31'26"W 160.01'• 65.69— • 1 SEE SHEET 6 I --\ I --- I ISTORM WATER TRACT — LU— PER REC.NO. Q ____) H- I _ _ � x �� W 1 SW 358TH ST I — > PER REC.NO._�� 0 a _ —�— S 358TH ST W _ - - - - - - - - — W u) 1 t--rPROPOSED SEWER EASEMENT 111.PAVE 7aPA LEGEND I BACK ® CENTERLINE MONUMENT TO RE SET T _ • REUSE AND CAP'GOLD 22016'TO BE SET L 5 30 15 0 30 60 Ql PUBLIC WATER AND SEWER EASEMENT.SEE SHEET S.EASEMENT PROVISION 1. TYPICAL BUILDING SCALE: 1"=30' Q2 ACCESS AND UTILITY EASEMENT.SEE SHEET 8.EASEMENT PROVISION 2. I SETBACK LINES Q3 ACCESS AND UTILITY EASEMENT.SEE SHEET 8.EASEMENT PROVISION 3. I I 4Q PRIVATE WATER B SEWER EASEMENT.SW SHEET 8.EASEMENT PROVISION 4. F5' 5.__ — ,n, PRIVATE WATER B SEWER EASEMENT.SEE SHEET B.EASEMENT PROVISION 5. J DATE: , )OTNTUTILITY EASEMENT.SEE SHEETS.EASEMENT PROVISION 6. .L�.AG jj,^- 16.394 p 05/21/2018 ON LOTS WHERE THERE IS /,S$!.,N1 B_fa/A / STREET FRONTAGE ON TWO 'SIDES,THE STREET SIDE 'it' i ' SETBACK I510'. 1$11114 �. 'L B EY L E R h, CONSULTING °A s4c 1 o f.IAN CONTACT �, CITY OF FEDERAL WAY FILE NO. 17-104044-SU 253-301-4157 OFFICE FRONT r°2/_/� beylerconsul[IMO com 5920 OFFICE 100th 98499 RETREAT MEADOWS PLAT SHEET 8 OF 8 IN THE SE 1/4 OF THE NE 1/4 OF SECTION 30,TOWNSHIP 21 NORTH,RANGE 4 EAST,W.M. CITY OF FEDERAL WAY,KING COUNTY,WASHINGTON LOT ADDRESS LINE TABLE EASEMENT PROVISIONS LOT 1 35107 2ND AVENUE SW LI N 01°26'25"E 11.11' 1. AN EASEMENT IS HEREBY IRREVOCABLY RESERVED FOR AND GRANTED TO LAKEHAVEN WATER a SEWER LOT 2 35613 2ND AVENUE SW L2 9 01°26'25"E 10.10' DISTRICT AND ITS AGENTS,SUCCESSORS AND ASSIGNS,FOR 50 LONG AS IT SHALL OWN AND MAINTAIN LOT 3 35619 2ND AVENUE SW L3 5 50°26'40'E 23.45' THE UTILITIES REFERENCED HEREIN UNDER MID UPON THE AREA SHOWN ON THE PLAT AND DESCRIBED LOT4 35625 2ND AVENUE SW L4 5 77°32'34'W 19.02' HEREIN AS"WATERLINE EASEMENT-(WLE)AND'SANITARY SEWER EASEMENT'(SSE)TO INSTALL, LOT 5 35631 2ND AVENUE SW L5 S 88°33'35'E 24.95' MAINTAIN,REPLACE,REPAIR AND OPERATE WATER AND SEWER MAINS AND APPURTENANCES FOR THIS LOT 6 356372ND AVENUE SW L6 S01^27'29'W 6.92' SUBDIVISION AND OTHER PROPERTY TOGETHER WITH THE RIGHT TO ENTER UPON SAID EASEMENT AT LOT 7 35643 2ND AVENUE SW - L7 S 39=33'20'W 7.75' ALL TIMES FOR PURPOSES INCIDENT THERETO.NO BUILDING,WALL,ROCKERY,FENCE,TREES OR LOT 8 35705 2ND AVENUE SW L8 N 58.15'37-W 21,53' STRUCTURE OF ANY KIND SHALL BE ERECTED OR PLANTED,NOR SHALL ANY FILL IMTERIAL BE PLACED LOT9 35649 2ND AVENUE SW L9 N 52=57'53'W 26.84' WITHIN THE BOUNDARIES OF SAID EASEMENT AREA.NO EXCAVATION SHALL BE MADE WITHIN THREE(3) LOT 10 35709 2ND AVENUE SW FEET OF SAID WATER OR SEWER SERVICE FACILITIES AND THE SURFACE LEVEL OF THE GROUND WITHIN LOT 11 35717 2ND AVENUE SW THE EASEMENT AREA SHALL BE MAINTAINED AT THE ELEVATION AS CURRENTLY EXISTING.GRANTOR LOT 12 35725 2ND AVENUE SW HEREBY AGREES THAT NO WATER AND/OR SEWER SYSTEM FACILITY OR APPURTENANCE OF ANY KIND LOT 13 35733 IND AVENUE SW SHALL BE CONSTRUCTED OR LOCATED BY GRANTOR OR ANY THIRD PARTY ACTING UNDER AUTHORITY OF LOT 14 35801 2ND AVENUE SW GRANTOR,WITHIN OR PROXIMATE TO SAID EASEMENT,UNLESS SUCH INSTALLATION IS APPROVED BY LOT 15 35809 2ND AVENUE SW GRANTEE AND IS IN CONFORMANCE WITH THE THEN-CURRENT EDITION OF THE'CRITERIA FOR SEWAGE WI 16 3519 2ND AVENUE SW WORKS DESIGN'PUBLISHED BY THE WASHINGTON STATE DEPARTMENT OF ECOLOGY.GRANTOR HEREBY LOT 17 35823 2ND AVE SW/206 SW 358TH FL FURTHER AGREES THAT NO OTHER UTILITY FACILITY OR APPURTENANCE OF ANY KIND,INCLUDING LOT 18 35837 2ND AVE SW/207 5W 358TH PL CURVE TABLE UTILITY SERVICE CONNECTIONS,SHALL BE CONSTRUCTED OR LOCATED BY GRANTOR,OR ANY THIRD LOT 19 35845 2ND AVENUE SW PARTY ACTING UNDER AUTHORITY OF GRANTOR,WITHIN THREE FEET(3'),MEASURED HORIZONTALLY LOT 20 35851 2ND AVENUE SW FOR PARALLIS ALIGNMENTS,OR WITHIN SIX INCHES(6'),MEASURED VERTICALLY FOR CROSSING OR LOT 21 35905 2ND AVENUE SW Cl R=25.00' L=23.27' 6=53.20'08" PERPENDICULAR ALIGNMENTS,OF ANY PORTION OF THE GRANTEE'S FACILITIES.GRANTOR LOT 22 35913 2ND AVENUE SW C2 R=75.00' 1=17.11' A=39°12'56' ADDITIONALLY GRANTS TO THE LAKEHAVEN WATER E.SEWER DISTRICT AND ITS AGENTS,SUCCESSORS LOT 23 35921 2ND AVENUE SW O R=220.00' 1=23.14' 9=6°01'39" AND ASSIGNS THE USE OF SUCH ADDITIONAL AREA IMMEDIATELY ADJACENT TO SAID EASEMENT AREA LOT 24 35914 SW 359TH PL/191 SW 359TH FL C4 R=25,00' 1=39.95' 6=91°34'10' AS SHALL BE REQUIRED FOR THE CONSTRUCTION,RECONSTRUCTION,MAINTENANCE AND OPERATION LOT 25 183 SW 359TH MACE CS R-25.00' L=39.27 a=90°00'00- OF SAID WATER OR SEWER FACILITES.THE USE OF SUCH ADDITIONAL AREA SHALL BE HELD TO A LOT 26 1755W 359TH PLACE C6 11=25.00' 1=39.27' 6=90°00'00' REASONABLE MINIMUM AND BE RETURNED TO THE CONDITION EXISTING IMMEDIATELY BEFORE THE LOT 27 1675W 359TH PLACE C7 R=25.00' 1=39.27' A=90°00'00' PROPERTY WAS ENTERED UPON BY THE LAKEHAVEN WATER 6 SEWER DISTRICT,ITS AGENTS, LOT 28 159 SW 359Th PLACE CO R-29.00' L=45.54' a=89058'55- SUCCESSORS AND ASSIGNS.IN ADDITION TO THE OTHER RESTRICTIONS HEREIN,GRANTOR SHALL NOT LOT 29 151 SW 359TH PLACE C9 R=81.00' L=36.96' A=26°08'45- CONVEY TO A THIRD PARTY AN EASEMENT OR OTHER INTEREST OR RIGHT OF USE OF PROPERTY SUBJECT LOT 30 145 SW 359TH PLACE COG R=81.00' L=29.92' 6=21°10'02" TO THE EASEMENT THAT WOULD IMPAIR OR UNIT THE USE OF THE EASEMENT RIGHTS GRANTED HEREIN. LOT 31 358561ST MACE SW CII R*81.00' LE20.05' A-14=11'00' LOT 32 35842 1ST PLACE SW C12 12=81.00' L=40.27' A=28°29'08' 2. AN EASEMENT IS HEREBY RESERVED FOR AND GRANTED TO ALL UTILITIES AND THEIR RESPECTIVE LOT 33 35834 1ST PLACE SW COO R=25.00' L=39.OS A-89'30'27' SUCCESSORS AND ASSIGNS OVER UNDER AND UPON TRACT E FOR THE BENEFITS OF LOTS 2 AND 3 A LOT 39 150 SW 359TH PL/35843 1ST PLSW C14 1-25.00' L=39.48' 6-0'2933- JOINT OTILTY EASEMENT IN WHICH TO INNTALL,LAY,CONSTRUCT,RENEW,OPERATE AND MAINTAIN LOT35 158 SW 359Th PLACE CIS R=25.00' L=39.06' 5=69'31'31' UNDERGROUND CONDUITS,CABLES,PIPES AND WIRES WITH NECESSARY FACIISTIES AND OTHER LOT 36 170 SW 359TH PLACE C16 R=25.00' L=39.48 6-90°26'29- EQUIPMENT FOR THE PURPOSE OF SERVING THESE LOTS WITH WATER,SEWER,STORM,ELECTRICITY, LOT 37 182 SW 359TH PLACE C17 13=25.00' L-40.38' a-92'33'04' GAS,TELEPHONE AND OTHER UTILITIES TOGETHER WITH THE RIGHT TO ENTER THIS TRACT AT ALL LOT38 590 SW 3597H PL/358482ND AVE SW TOMS FOR THE PURPOSE HEREIN STATED PROVIDED THAT FOLLOWING ANY WORK THE EASEMENT LOT 39 35838 2ND AVENUE SW AREAS SHALL BE RESTORED AS NEARLY AS POSSIBLE TO THE ORIGINAL CONOEHON. LOT 40 35832 2ND AVENUE SW LOT 41 35828 2ND AVENUE 5W 3. AN EASEMENT IS HEREBY RESERVED FOR AND GRANTED TO ALL UTILITIES AND THEIR RESPECTIVE LOT 42 35822 2ND AVENUE SW SUCCESSORS AND ASSIGNS OVER UNDER AND UPON TRACT F FOR THE BENEFITS OF LOTS 7 AND 9 A LOT 43 35816 2ND AVE 5W/191 SW 350111 ST JOINT UTILITY EASEMENT IN WHICH TO INSTALL LAY,CONSTRUCT,RENEW,OPERATE AND MAINTAIN LOT 44 183 SW 350TH STREET UNDERGROUND CONDUITS,CABLES,PIPES AND WIRES WITH NECESSARY FACILITIES AND OTHER LOT 45 171 SW 358T11 STREET EQUIPMENT FOR THE PURPOSE OF SERVING THESE LOTS WITH WATER,SEWER,STORM,ELECTRICITY, LOT 46 159 SW 358Th STREET GAS,TELEPHONE AND OTHER UTILITIES TOGETHER WITH THE RIGHT TO ENTER THIS TRACT AT ALL LOT 47 151 SW 358TH 57/35815 1ST PL 5W TIMES FOR THE PURPOSE HEREIN STATED PROVIDED THAT FOLLOWING ANY WORK THE EASEMENT LOT 48 35839 15T PLACE SW AREAS SHALL BE RESTORED AS NEARLY AS POSSIBLE TO THE ORIGINAL CONDITION. LOT 49 35833 1ST PLACE SW LOT 50 35829 1ST PLACE SW 4. A NON EXCLUSIVE PRIVATE ACCESS AND VTLIIIES EASEMENT IS HEREBY RESERVED AND GRANTED TO LOT 51 356211ST PLATE SW LAKEHAVEN SEWER AND WATER AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS OVER,UNDER AND LOT 52 176 SW 358TH STREET UPON TRACT E FOR THE BENEFIT OF LOTS 2 P.3,19 WHICH TO INSTALL,LAY,CONSTRUCT,RENEW, LOT 53 164 SW 358TH STREET OPERATE AND MAINTAIN UNDERGROUND PIPES WITH NECESSARY FACILITIES AND OTHER EQUIPMENT LOT 54 192 SW 358Th ST/35726 2ND AVE SW FOR THE PURPOSE OF SERVING THE SUBDIVISION AND OTHER PROPERTY WTH SEWER,WATER, LOT55 3571D 2ND AVENUE SW TOGETHER WITH THE RIGHT TO ENTER UPON TRACT E AT ALL TIMES FOR THE PURPOSES HEREIN STATED. LOT 56 35702 IND AVENUE SW THESE EASEMENTS ENTERED UPON FOR THESE PURPOSES SNAIL BE RESTORED PS NEAR AS POSSIBLE TRACT A 35840 2ND AVENUE SW TO THEIR ORIGINAL CONDITION. TRACT B 35818 1ST PL SW/141 SW METH ST TRACT C 35860 1ST PLACE SW 5. A NON EXCW SIVE PRIVATE ACCESS AND LTIUTIES EASEMENT IS HEREBY RESERVED AND GRANTED TO TRACT D NO SITE ADDRESS LAKEHAVEN SEWER AND WATER AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS OVER,UNDER AND TRACT E NO SITE ADDRESS UPON TRACT F FOR THE BENEFIT OF LOTS 7 6 9,IN WHICH TO INSTALL,LAY,CONSTRUCT,RENEW, TRACT F NO SITE ADDRESS OPERATE AND MAINTAN UNDERGROUND PIPES WITH NECESSARY FACILITIES AND OTHER EQUIPMENT FOR THE PURPOSE OF SERVING THE SUBDIVISION AND OTHER PROPERTY WITH SEWER,WATER, TOGETHER WITH THE RIGHT TO ENTER UPON TRACT F AT ALL TIMES FOR THE PURPOSES HEREIN STATED. (ANY ADDRESSES SHOWN ARE PRELIMINARY ONLY THESE EASEMENTS ENTERED UPON FOR THESE PURPOSES SHALL BE RESTORED AS NEAR AS POSSIBLE AND SUBJECT TO CHANGE) TO THEIR ORIGINAL CONDITION. 6. AN EASEMENT IS HEREBY RESERVED FOR AND GRANTED TO ALL UTILITIES AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS SERVING THIS PLAT UNDER AND UPON THE EXTERIOR TEN(10.00)FEET PARALLEL WITH AND ADJOINING THE STREET FRONTAGE OF ALL LOTS AND AU.OF TRACT D AS A'JOINT UTILITY EASEMENT IN WHICH TO INSTALL,LAY,CONSTRUCT,RENEW,OPERATE AND MAINTAIN UNDERGROUND CONDUITS,CABLES,PIPE AND WIRES ROTS NECESSARY FACILITIES AND OTHER EQUIPMENT FOR THE PURPOSE OF SERVING THIS SUBDIVISION AND WITH WATER,SEWER,STORM, RESTRICTIONS OF RECORD ELECTRICITY,GAS,TELEPHONE AND OTHER UTILITY SERVICES,TOGETHER WITH THE RIGHT TO ENTER UPON THE LOTS AT ALL TIMES FOR THE PURPOSES HEREIN STATED PROVIDED THAT FOLLOWING ANY THE EASEMENT AREA SHALL BE RESTORED AS NEARLY AS POSSIBLE TO THE ORIGINAL ' CONDITION. (PER SCHEDULE B SPECIAL EXCEPTIONS,STEWART ITIS GUARANTEE COMPANY GUARANTEE NUMBER G-6329-8791,DATED JULY 12,2,202017 AT 2:45 PM.,TOGETHER WITH DATE DOWN ENDORSEMENT DATED 7, A NON EXCLUSIVE PRIVATE ACCESS AND UTILITIES EASEMENT IS HERESY RESERVED AND GRANTED TO THE FEBRUARY 28,2018,DATE DOWN ENDORSEMENT DATED APRIL 11,2018,DATE DOWN ENDORSEMENT OWNERS OF LOTS 1 AND 2 OF FEDERAL WAY BLA No.08-101306-00-SU,RECORDER UNDER KING COUNTY DATED APRIL 26,2018,AND DATE DOWN ENDORSEMENT DATED MAY 3,2018) AUDITOR'S TLE N0.20090903900001,THEIR SUCCESSORS AND ASSIGNS,OVER,UNDER,AND ACROSS TRACT A FOR THE BENEFIT OF SAID LOTS 1 AND 2,IN WHICH TO CONSTRUCT A PRIVATE ROAD AND INSTALL MNTIES FOR 1. THIS SITE IS SUBJECT TO AN EASEMENT GRANTED TO PTJOET SOUND POWER AND LIGHT COMPANY AS THE PURPOSE OF PROVIDING INGRESS,EGRESS,AND UTILITY SERVICES TO SAID LOTS I AND 2.SAID NA BEING DISCLOSES M INSTRUMENT NUMBER]]04260]66.AFFECTS PARCEL D AS SHOWN HEREON. A PORTION OF THE EAST ONE-HALF OF SOUTHEAST QUARTER OF NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 21 NORTH,RANGE 4 EAST,OF THE WIL4METE MERIDIAN.THE ABOVE DESCRIBED PRIVATE ROAD 2. THIS 50(0 IS SUBJECT TO AN EASEMENT GRAINED TO KING COUNTY AS DISCLOSED IN INSTRUMENT AND UTILITY IMPROVEMENTS OF TRACT A,AND MAINTENANCE THEREOF,SHALL BE THP SOLE RESPONSIWLTY OF THE OWNERS OF SAID LOTS 1 AND 2,AND THEIR SUCCESSORS AND ASSIGNS. NUMBER 8910160169.AFFECTS PARCEL B AS SHOWN HEREON, 3. THIS SITE IS SUBJECT TO AN EASEMENT GRANTED TO KING COUNTY AS DISCLOSED IN INSTRUMENT NUMBER B910241011.AFFECTS PARCEL C AS SHOWN HEREON. 4. THIS SITE IS SUBJECT TO AN EASEMENT GRANTED TO KING COUNTY AS DISCLOSED IN INSTRUMENT NUMBER 9001100168.AFFECTS PARCEL A AS SHOWN HEREON. S. THIS SITE IS SUBJECT TO THE TERMS AND CONDITIONS OF AN EASEMENT AS DISCLOSED IN INSTRUMENT NUMBER 9108151496.AFFECTS PARCEL CAS SHOWN HEREON. 6. THIS SITE IS SUBJECT TO THE TERMS AND CONDITIONS OF A BOUNDARY UNE ADJUSTMENT RECORDED UNDER RECORDING NUMBER 20090903900001.AFFECTS PARCEL D. 7. THIS SITE LS SUBJECT TO THE TERMS AND CONDITIONS OF A SURVEY RECORDED UNDER RECORDING NUMBER 20150304900002.AFFECTS PARCEL D.FENCE ENCROACHMENT SHOWN ON THIS SURVEY HAS BEEN REMOVED.FIELD VERIFIED 03/09/2018. TRACT CONVEYANCE B. 7'¢5 SITE IS SUBJECT I TO THE TERMS AND CONDITIONS OF A THREE PART PSE EASEMENT RECORDED TRACT A WTO BEA PRIVATE LANDSCAPE TRACT INITIALLY,AND A PRIVATE ROAD VEHICULAR ACCESS TO ADJACENT UNDER RECORDING NUMBER 20180406003005.AFFECTS PARCELS A,8,C,AND D AS SHOWN HEREON. PROPERTY WHEN DEVELOPED IN THE FUTURE.A JOINT 1/56 OWNERSHIP INTEREST IN TRACTA IS FOR THE PURPOSE OF LAND-SCAPING AND PRIVATE ROAD VEHICULAR ACCESS TO THE ADJACENT PROPERTY.VEGETATION REMOVAL IN THIS TRACT REQUIRES APPROVAL OF THE DEPARTMENT OF COMMUNITY DEVELOPMENT.TRACT A MAY NOT BE DEVELOPED WITH ANY BUILDINGS O0.STRUCTURES FOR USE OTHER THAN FOR LANDSCAPING OR PRIVATE ROAD VEHICULAR ACCESS PURPOSES,AND MAY NOT BE FURTHER SUBOMDED,AND MAY NOT BE USED FOR FINANCIAL GAIN. ALL CONVEYANCES OF LOTS 1 THROUGH 56 MUST EXPRESSLY INCLUDE AN UNDIVIDED ONE FIFTY-50TH(1/56) INTEREST IN TRACT A. TRACT BIS CONVEYED TO THE CITY OF FEDERAL WAY FOR THE PURPOSE OF STORM DRAINAGE FACILITY UPON RECORDING OF THIS PLAT.TBS TRACT SHALL BE MAINTAINED BY THE CITY OF FEDERAL WAY. TRACT C IS CONVEYED TO THE CITY OF FEDERAL WAY FOR THE PURPOSE OF STORM DRAINAG6FACILITY UPON RECORDING OF THIS PLAT.THE TRACT SHALL BE MAINTAINED BY THE CITY OF FEDERAL WAY. TRACT D IS A PRIVATE LANDSCAPE AND SUBDIVISION ENTRY SIGN TRACT.A JOINT 1/56 OWNERSHIP INTEREST IN TRACT D FOR OWNERSHIP MID MAINTENANCE PURPOSES.TRACT D MAY NOT BE DEVELOPED WITH ANY BUILDINGS OR STRUCTURES,MAY NOT 8E FURTHER SUBDIVIDED AND MAY NOT BE USED FOR FINANCIAL GAIN.VEGETATION REMOVAL IN THIS TRACT REQUIRES APPROVAL FROM THE DEPARTMENT OF COMMUNITY DEVELOPMENT.ALL CONVEYANCES OF LOTS 1 THROUGH 56 MUST EXPRESSLY INCLUDE MI UNDIVIDED ONE FIFT-SEITH(1/56)INTEREST IN TRACT D. TRACT EIS TO BE OWNED JOINTLY WITH LOTS 2 AND 3 FOR THE PURPOSE OF PRIVATE ACCESS AND PUBLIC PLANTER STRIP MAINTENANCE RESPONSIBILITY NOTE UTILITIES UNDIVIDED ONE-HALF INTEREST IN TRACT EN THIS TRACT SHALL BE MAINTAINED BY THE OWNERS OF LOTS 2 AND 3, TIS THE RESPONSIBILITY OF THE PROPERTY OWNER(S)TO MAINTAIN THE ROADWAY PLANTER STRIP, BETWEEN THE CURB AND THE SIDEWALK,ADJACENT TO THEIR PROPERTY.THE PLANTER STRIP SHALL TRACT FIS TO RE OWNED JOINTLY W F ATE ACCESS AND PUBLIC CONSIST OF LAWN GRASS AND STREET TEES,IN ACCORDANCE WITH CITY STANDARDS.ANY OWNER UTILITIES SERVICING LOTS 7 AND 9.A XPRESSLY INCLUDE AN WISHING TO ALTER THE PLANTER STROP SHALL NOT DO SO WITHOUT WRITTEN AUTHORIZATION FROM THE UNDIVIDED ONE-HALF INTEREST IN"I' YT A D BY THE OWNERS OF LOTS 7 CITY OF FEDERAL WAYS MJBLIC WORKS DEPARTMENT. AND 9. �e TT77 PAGE__S OF.s JOB NO: DATE: 40 R. 16.394 05/21/2018 1� 0 BEYLER '^* CONSULTING aRL LEE CONTACT CITY OF FEDERAL WAY FILE NO. 17-104044-SU fax: 2 zs3-301-41s7 OFFICE fax:253-336-3950 5920 100th St.SW Ste.25 Deyle Tcon50ltlnq.Dom Lakewood,WA 98499 RESOLUTION NO. A RESOLUTION of the City of Federal Way, Washington, approving the Retreat Meadows Final Plat, Federal Way, Washington, File No. 17-104044-00-SU. WHEREAS, on February 16, 2011, the Federal Way Hearing Examiner conducted a public hearing on the Retreat Meadows Preliminary Plat application resulting in the report and recommendation of the Federal Way Hearing Examiner, dated March 2, 2011; and WHEREAS, the Retreat Meadows Preliminary Plat, City of Federal Way File No. 08- 101729-00-SU, was approved subject to conditions on April 19, 2011, by Federal Way City Council Resolution No. 11-603, which adopted the Hearing Examiner's findings and conclusions; and WHEREAS, the applicant submitted the final plat application for Retreat Meadows within the required 7-year completion time pursuant to RCW 58.17.140(3); and WHEREAS, the applicant has satisfied or guaranteed all of the conditions set forth in Resolution 11-603; and WHEREAS, the City of Federal Way's Community Development Department and Public Works Department staff have reviewed the proposed final plat for its conformance to the conditions of preliminary plat approval and final plat decisional criteria, and their analysis and conclusions are set forth in the Community Development Department Staff Report, dated May 7, 2018, which is hereby incorporated by reference as though set forth in full; and WHEREAS, the City Council Land Use and Transportation Committee reviewed and considered the application and staff report for the Retreat Meadows Final Plat during its meeting on May 7, 2018; and Resolution No. 18- Page 1 of 4 WHEREAS, the City Council reviewed and considered the application and staff report for the Retreat Meadows Final Plat during the City Council's Meeting on May 15, 2018. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, RESOLVES AS FOLLOWS: Section 1. Findings and Conclusions. 1. The Retreat Meadows Final Plat, City of Federal Way File No. 17-104044-00-SU, is in substantial conformance to the preliminary plat and is in conformance with applicable zoning ordinances or other land use controls in effect at the time the preliminary plat application was deemed complete. 2. Based on, inter alia, the analysis and conclusions in the staff report, dated May 7, 2018, which are adopted herein by reference, and on the City Council's review of the application for final plat, the proposed subdivision makes appropriate provision for public health, safety, and general welfare, and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, and schools and school grounds as are required by city code, or which are necessary and appropriate, and provides for sidewalks and other planning features to assure safe walking conditions for students who walk to and from school. 3. The public use and interest will be served by the final plat approval granted herein. 4. All conditions listed in Federal Way City Council Resolution No. 11-603, dated April 19, 2011, have been satisfied, and/or satisfaction of the conditions have been sufficiently guaranteed by the applicant as allowed by the application's vested provisions of Federal Way City Code 20- 135. 0-135. Resolution No. 18- Page 2 of 4 5. All required improvements for final plat approval have been made, and/or sufficient bond, cash deposit, or assignment of funds have been accepted as guarantee for completion and maintenance of all required plat improvements as identified in the Staff Report. 6. All taxes and assessments owing on the property being subdivided have been paid, or will be paid, prior to recording the final plat. Section 2. Application Approval. Based upon the Findings and Conclusions contained in Section 1 above, the Retreat Meadows Final Plat, City of Federal Way File No. 17-104044-00- SU, is approved. Section 3. Recording. The approved and signed final plat, together with all legal instruments pertaining thereto, as required pursuant to all applicable codes, shall be recorded with the King County Recorder's Office. The applicant shall pay all recording fees. Section 4. Severability. If any section, sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this resolution. Section 5. Corrections. The City Clerk and the codifiers of this resolution are authorized to make necessary corrections to this resolution including, but not limited to, the correction of scrivener/clerical errors, references, resolution numbering, section/subsection numbers and any references thereto. Section 6. Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. Resolution No. 18- Page 3 of 4 Section 7. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON this day of , 20_. CITY OF FEDERAL WAY: • JIM FERRELL, MAYOR ATTEST: STEPHANIE COURTNEY, CMC, CITY CLERK APPROVED AS TO FORM: J. RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO.: Resolution No. 18- Page 4 of 4 CITY OF Federal Way COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT TO LAND USE & TRANSPORTATION COMMITTEE RETREAT MEADOWS FINAL PLAT Federal Way File No. 17-104044-00-SU Report prepared by Jim Harris,Senior Planner,May 7,2018 RECOMMENDATION Approval of the Retreat Meadows Final Plat is recommended(Exhibit A). City of Federal Way staff has reviewed the final plat application and finds it complies with the preliminary plat conditions and all other applicable codes and policies. SUMMARY Meeting Date: Land Use/Transportation Committee-Monday,May 7,2018-5:00 pm. Plat Location: King County Parcels 302104-9021, 302104-9058, 302104-9082,and 302104-9020. Parcels are located along the south side of SW 356th Street at 2nd Avenue SW(Exhibit B). Description: Retreat Meadows is a proposed 56-lot single-family residential subdivision on approximately 14.6 acres. The Retreat Meadows preliminary plat application was granted approval by the Federal Way City Council on April 19, 2011,per City Council Resolution 11-603 (Exhibit C). Access to Retreat Meadows is via both SW 356th Street and l'Avenue South onto a new roadway system within the plat. All required roads, sidewalks, storm drainage facilities, sewer lines, water lines, and related improvements for the project,have been constructed or are financially guaranteed. Owner: Landmark Homes Inc. David Litowitz - 2715 64th Ave NE,#B r 3S3 r I Tacoma, WA 98422 V sw 4"g.1-,1I \ Surveyor: Beyler Consulting 55.s.- S 356 ST Thomas Gold -,11,4 7602 Bridgeport Way W., Suite 3D ;F:<-;:..; e7/ V I -2_, 7/1 Lakewood, WA 98499 V L - Water: Lakehaven Water and Sewer District L. -4171 Sewer: Lakehaven Water and Sewer District '-,-rL"3-1"- 4 .291 . -4 Fire District: South King Fire and Rescue School District: Federal Way Public Schools III HISTORY AND BACKGROUND Federal Way Comprehensive Plan and zoning designation for the subject property is Single Family High Density Residential and RS 7.2, respectively. The Retreat Meadows plat is a standard subdivision with a minimum permitted lot size of 7,200 square feet. The lot sizes on the final plat range from 7,204 square feet to 9,025 square feet. The 56-lot Retreat Meadows Preliminary Plat was granted approval by the Federal Way City Council on April 19, 2011, per Resolution 11-603. The 14.6-acre subdivision includes tracts for storm drainage, lot access, landscaping, and future access to adjacent property. The applicant submitted a final plat application on August 21, 2017, while the site was still under construction. Improvements are now substantially complete. Pursuant to RCW 58.17.110 and Chapter 18.40 of the Federal Way Revised Code (FWRC), the City Council is charged with detei mining whether: 1)the proposed final plat conforms to all terms of the preliminary plat approval; 2)the subdivision meets the requirements of all applicable state laws and local ordinances that were in effect at the time of preliminary plat approval; 3)all taxes and assessments owing on the property have been paid; and 4)all required improvements have been made or sufficient security has been accepted by the City. City of Federal Way staff has reviewed the Retreat Meadows Final Plat for compliance with preliminary plat conditions and all applicable codes and policies. All applicable codes, policies, and plat conditions have been met or financially secured as allowed by FWRC 18.40.040. A proposed resolution to approve the Retreat Meadows Final Plat is enclosed(Exhibit E). IV COMPLIANCE WITH PRELIMINARY PLAT CONDITIONS The following lists conditions of preliminary plat approval(Resolution 11-603). Required improvements have been completed or financially secured as allowed by FWRC 18.40.040 and identified by staff responses following each condition. 1. The applicant shall submit a final landscaping and tree replacement plan, as a component of engineering review, meeting the requirements of Federal Way City Code (FWCC)22-1568. Staff Response—This condition has been met. Landscape plans meeting this condition were approved by the Community Development and Public Works Departments. 2. Covenants associated with lots set aside for affordable housing shall be recorded concurrently with the final plat. Staff Response—This condition is inapplicable to the final plat. No affordable housing covenant is required as the applicant opted to not implement the lot size reduction incentive in the FWRC. Since the applicant decided not to utilize the affordable housing incentive, all of the lots in the plat are required to meet the underlying minimum lot size of 7,200 square feet. Staff Report to Land Use&Transportation Committee Page 2 Retreat Meadows Final Plat File No. 17-104044-00-SU/Doc. I.D.77300 3. The applicant shall include a plat note requiring approval from the Community Development Department for any proposed vegetation removal in the landscape tracts. Staff Response—This condition has been met. A note to this effect is included on the final plat map. V STATE ENVIRONMENTAL POLICY ACT(SEPA) The City issued a Determination of Nonsignificance(DNS)for the proposal on May 13,2009. VI DECISIONAL CRITERIA Pursuant to FWRC 18.40.050, if the City Council finds that the following criteria have been met,the City Council may approve the final plat for recording: 1. The final plat is in substantial conformance to the preliminary plat. Staff Response: This criterion has been met, as the conditions of preliminary plat and SEPA determination have been met or financially guaranteed, and the final plat is in substantial conformance to the preliminary plat. 2. The final plat is in conformity with applicable zoning ordinances or other land use controls. Staff Response: This criterion has been met. The plat meets the RS 7.2 zoning standards in effect at the time the application was determined to be complete. The lot sizes exceed the underlying minimum lot size requirement of 7,200 square feet for single family lots in the RS 7.2 zone. Construction of the plat infrastructure is substantially complete and as provided in FWRC 18.40.040,performance and maintenance bonds are in place for the entire plat and off-site improvements. 3. That all conditions of the Hearing Examiner and/or City Council have been satisfied. Staff Response: This criterion has been met as noted in the staff comments above. All plat conditions have been met and/or financially guaranteed. 4. That the public use and interest shall be served by the establishment of the subdivision and dedication by determining if appropriate provisions are made for,but not limited to,the public health, safety, general welfare, open space, drainage ways, streets and roads, alleys, other public ways,transit stops, potable water supplies, sanitary wastes, parks and recreation,playgrounds, schools and school grounds, and shall consider all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who walk to and from school. Staff Response: This criterion has been met. The final plat is consistent with applicable zoning and subdivision regulations and ensures the public health, safety, and welfare is protected. The plat infrastructure has been installed and/or adequately financially guaranteed as discussed above, including: safe walking routes to schools and school bus stops,provisions for open space; drainage system installation; water system installation; sewer system installation; and street improvements. The final plat provides a landscape buffer along SW 356th Street, and provides an open space fee to the City as required and permitted by FWRC. Staff Report to Land Use&Transportation Committee Page 3 Retreat Meadows Final Plat File No. 17-104044-00-SU/Doc.I.D.77300 The final plat provides 0.44 percent of the site in buffer open space (Tract D). The applicant has proposed to pay a fee in lieu of providing the remaining 14.56 percent of required open space on site. In order to meet the FWRC required minimum 15 percent open space standards,prior to recording the plat, the applicant shall pay$113,422.00 for the required open space fee-in-lieu in the amount of 14.56 percent of the assessed land value of the gross land area. ($779,000 assessed value/14.56 percent =$113,422.00). 5. That all required improvements have been made and maintenance bonds or other security for such improvements have been submitted and accepted. Staff Response: This criterion has been met. All road and storm drainage improvements for Retreat Meadows have been constructed and a maintenance bond is in effect. In addition, sewer lines have been installed and approved in a letter dated April 9, 2018, by Lakehaven Water and Sewer District, and water lines have been approved by Lakehaven Water and Sewer District in a letter dated April 9, 2018. 6. That all taxes and assessments owing on the property being subdivided have been paid. Staff Response: Prior to being recorded, the plat is reviewed by the King County Department of Assessments to ensure that all taxes and assessments have been paid. VII CONCLUSION Based on site visits, review of the final plat maps, construction drawings, and the project file, staff has determined that the application for final plat approval for Retreat Meadows meets all platting requirements of RCW 58.17.110 and FWRC 18.40.050. Plat infrastructure improvements have been substantially completed and/or financially secured to guarantee that all plat conditions and code requirements will be completed as allowed by FWRC 18.40.040.The project has been developed in conformance with Resolution 11-603, approving the Retreat Meadows Preliminary Plat.A recommendation of final plat approval is therefore being forwarded to the City Council for approval. VIII EXHIBITS Exhibit A Reduced Copy (8Y2 x 11)Retreat Meadows Final Plat Exhibit B Vicinity Map Exhibit C Resolution 11-603 Retreat Meadows Preliminary Plat Approval Exhibit D Reduced Copy(8V2 x 11)Approved Retreat Meadows Preliminary Plat Exhibit E Proposed Resolution Approving the Retreat Meadows Final Plat Staff Report to Land Use&Transportation Committee Page 4 Retreat Meadows Final Plat File No. 17-104044-00-SU/Doc.I.D.77300 RETREAT MEADOWS PLAT SHEET 1 OF 8 IN THE SE 1/4 OF THE NE 1/4 OF SECTION 30,TOWNSHIP 21 NORTH,RANGE 4 EAST,W.M. CITY OF FEDERAL WAY,KING COUNTY,WASHINGTON APPROVALS DEDICATION DEPARTMENT OF PUBLIC WORKS KNOW ALL PEOPLE BY THESE PRESENTS THAT WE,THE UNDERSIGNED OWNERS OF INTEREST IN THE LAND HEREBY EXAMINED AND APPROVED THIS DAY OF ,2018. SUBDIVIDED,HEREBY DECLARE THIS PLAT TO BE THE GRAPHIC REPRESENTATION OF THE SUBDIVISION MADE HEREBY, AND DO HEREBY DEDICATE TO THE USE OF THE PUBLIC FOREVER ALL STREETS AND AVENUES NOT SHOWN AS PRIVATE HEREON AND DEDICATE THE USE THEREOF FOR ALL PUBLIC PURPOSES NOT INCONSISTENT WITH THE USE THEREOF FOR PUBLIC HIGHWAY PURPOSES,AND ALSO THE RIGHT TO MAKE ALL NECESSARY SLOPES FOR CUTS AND FILLS UPON THE LOTS AND TRACTS SHOWN THEREON IN THE ORIGINAL REASONABLE GRADING OF SAID STREETS AND AVENUES,AND PUBLIC WORKS DIRECTOR FURTHER DEDICAT E PUBLIC ALL THE EASEMENTS AND TRACTS SHOWN ON THIS PLAT FOR ALL PUBLIC PURPOS • BUT NOT LIMITED TO PARKS,OPEN SPACE,UTILITIES AND DRAINAGE U ••EASEMENTS OR TRACTS A' LL(IDENTIFIED ON THIS PLAT AS BEING DEDICATED OR CONVEYED •RAM OR ENTRY OTHER THAN THE PERU. H CASE WE DO HEREBY DEDICATE SUCH STREETS, EMENTS,OR TRACTS TO THE PERSON OR ENTTTY ID ••ND FOR THE PURPOSE STATED. FURTHER,THE UNDERSIGNED OWNERS OF THE LAND HEREBY SUB. •,WAIVE AND RELEASE FOR THEMSELVES, THEIR HEIRS AND ASSIGNS AND ANY PERSON OR ENTITY DERIVING '•M THE UNDERSIGNED,ANY AND ALL CLAIMS FOR DAMAGES AGAINST THE CITY OF FEDERAL WAY,ITS SUCCESSORS AN. NS WHICH MAY BE OCCASIONED BY DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES THE DESIGN,ESTABLISHMENT,CONSTRUCTION,OPERATION,FAILURE TO O' ' OR MAINTENANCE OF ROADS AND/OR DRAINAGE SYSTEMS,ALTERATIONS OF THE GROUND SURFACE,VEGETATION,ORA OR SURFACE OR SUBSURFACE EXAMINED AND APPROVED THIS_DAY OF ,2018. WATER FLOWS WITHIN THE SUBDIVISIONS OR WITHIN ANY DRAINAGE OR DETENTIO ES DESIGNED TO RECEIVE OR ACTUALLY RECEIVING DRAINAGE FROM THE SUBDIVISIONS AND THE CITY OF FERE v AVE REVIEW AND APPROVAL OF PLANS AND PERMITS FOR SAME OTHER THAN CLAIMS RESULTING FROM INADEQUATE TENANCE BY THE CITY OF FEDERAL WAY. FURTHER,THE UNDERSIGNED OWNERS OF THE LAND HEREBY SUBDIVIDED,AGREE FOR THEMS' ,THEIR HEIRS AND COMMUNITY DEVELOPMENT DIRECTOR ASSIGNS TO INDEMNIFY,HOLD HARMLESS AND DEFEND THE CITY OF FEDERAL WAY,ITS SUCCE ' AND ASSIGNS, FROM AND AGAINST ANY DAMAGE,INCLUDING THE COSTS OF DEFENSE,CLAIMED BY PERSONS W OR WITHOUT THE SUBDIVISIONS TO HAVE BEEN CAUSED BY THE DESIGN,ESTABLISHMENT,CONSTRUCTION,OPERA FAILURE TO OPERATE,OR MAINTENANCE OF ROADS AND/OR DRAINAGE SYSTEMS,ALTERATIONS OF THE GROUND 'ACE, VEGETATION,DRAINAGE,OR SURFACE OR SUBSURFACE WATER FLOWS WITHIN THE SUBDIVISIONS 0, ITHIN ANY DRAINAGE OR DETENTION FACILITIES DESIGNED TO RECEIVE OR ACTUALLY RECEIVING DRAINAGE FRO •E SUBDIVISIONS AND THE CITY OF FEDERAL WAYS REVIEW AND APPROVAL OF PLANS AND PERMITS FOR .PROVIDED, THIS WAIVER AND INDEMNIFICATION SHALL NOT BE CONSTRUED AS RELEASING THE CITY OF FEDERAL W ITS SUCCESSORS OR ASSIGNS FROM LIABILITY FOR DAMAGES,INCLUDING THE COST OF DEFENSE,RESULTIN• •OM AND n n TO THE EXTENT OF THE SOLE NEGLIGENCE OF THE CITY OF FEDERAL WAY,ITS SUCCESSORS OR ASSIGNS. FEDERAL WAY CITY COUNCIL THIS SUBDIVISION,DEDICATION,RELEASE,INDEMNIFICATION OF CLAIMS AND AGREEMENT TO HOLD HARM. •IS MADE EXAMINED AND APPROVED THIS_DAY OF ,2018. WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES Of SAID OWNERS. IN WITNESS WHEREOF WE SET OUR HANDS AND SEALS. 356TH MANAGEMENT LLC MAYOR BY: ATTEST: ITS: CITY CLERK ACKNOWLEDGEMENT STATE OF WASHINGTON ). Ass COUNTY OF KING ON THIS DAYPERSONALLY APPEARED BEFORE ME TO ME KNOWN TO BE THE KING COUNTY DEPARTMENT OF ASSESSMENTS OF 356TH MANAGEMENT LLC,THE COMPANY THAT EXECUTED THE WITHIN AND FOREGOIN• INSTRUMENT,AND ACKNOWLEDGED SAID INSTRUMENT TO BE THE FREE AND VOLUNTARY ACT AND DEED OF SAID EXAMINED AND APPROVED THIS_DAY OF ,2018. COMPANY,FOR THE USES AND PURPOSES THEREIN MENTIONED,AND ON OATH STATED THAT HE/SHE WAS AUTHOR TO EXECUTE SAID INSTRUMENT ON BEHALF OP THE COMPANY. GIVEN UNDER MY HAND AND OFFICIAL SEAL THIS DAY OF ,2018. KING COUNTY ASSESSOR DEPUTY COUNTY ASSESSOR ACCOUNT NUMBERS:302104-9020,-9021,-9058,AND-9082 NOTARY PUBLIC IN AND FOR THE STATE OF WASHINGTON MY COMMISSION EXPIRES FINANCE DIVISION CERTIFICATE LEGAL DESCRIPTION I HEREBY CERTIFY THAT ALL PROPERTY TAXES ARE PAID,THAT THERE ARE NO DELINQUENT SPECIAL ASSESSMENTS CERTIFIED TO THIS OFFICE FOR COLLECTION,AND THAT ALL SPECIAL ASSESSMENTS CERTIFIED PARCEL A TO THIS OFFICE FOR COLLECTION ON ANY OF THE PROPERTY HEREIN DEDICATED AS STREETS,ALLEYS,OR FOR OTHER PUBLIC USES ARE PAID IN FULL THIS DAY OF ,2018. PARCEL 3021049021: THE WEST HALF OF THE EAST HALF OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 30,TOWNSHIP 21 NORTH,RANGE 4 EAST,W.M.,IN KING COUNTY,WASHINGTON; EXCEPT THAT PORTION WITHIN LIEU ROAD AND SOUTHWEST 35611.1 STREET;AND EXCEPT THAT PORTION THEREOF MANAGER DEPUTY CONVEYED TO KING COUNTY BY DEED RECORDED UNDER RECORDING NUMBER 9001100184. PARCEL B PARCEL 3021049058: THE EAST HALF OF THE EAST HALF OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 30,TOWNSHIP 21 NORTH,RANGE 4 EAST,W.M.,IN KING COUNTY WASHINGTON;EXCEPT THE NORTH 300 FEET THEREOF; AND EXCEPT PORTION CONVEYED TO KING COUNTY FOR SOUTHWEST 356TH STREET(IIBO ROAD)BY DEEDS RECORDED R. ORDER'S CERTIFICATE UNDER RECORDING NUMBERS 698892 AND 2760469; FILED 'RECORD 20 THE REQUEST OF MINUTES SP STREET_M.MANAGEMENT LLC,THIS OF HALF OF WITH THE WEST FEET THE NORTH AST FEET TOFE SAID THE ONEAsT HALF N THE 21 NORTH,HTROFA TGE WEST 2018,AT MINUTES PAST_M.AND RECO N L OF HALF OF THE COUNTY QUARTER OF TXC NORTHE ON QUARTER DF O RINGN 3U,TY FORK 3 RANGE 4 EAST, PMTS A ES W.M.,IN KING CDUEDY WASHINGTON;EXCEPT PORTION CONVEYED TO KING COUNTY FOR10601 NORTHWEST 356TH STREET (UBO ROAD)BY DEEDS RECORDED UNDER RECORDING NUMBERS 698892,2760469 AND 89101601fie. RECORDTN BER: KING COUNTY' •'DER: PARCEL C FEE: BY: PARCEL 3021049062: THE NORTH 300 FEET OF THE EAST HALF OF THE EAST HALF OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 30,TOWNSHIP 21 NORTH,RANGE 4 EAST,W.M.,1N KING COUNTY,WASHINGTON; EXCEPT THE NORTH 30 FEET THEREOF FOR ROAD;AND EXCEPT THE WEST 30 FEET THEREOF; AND EXCEPT THE NORTHERLY 12 FEET CONVEYED TO KING COUNTY BY DEED RECORDED UNDER RECORDING NUMBER 8910241010. PARCEL D PARCEL 3021049020: THE SOUTH HALF OF THE WEST HALF OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 30,TOWNSHIP 21 NORTH,RANGE 4 EAST,W.M. (ALSO DROWN NO. 6099 30000 COUNTY BOUNDARY LINE ADJUSTMENT NO.08-101306-00-SU,RECORDED UNDER NG 900001.) SITUATE IN OF FEDERAL SITUATE IN THE CITY OF FEDERAL WAY,COUNTY OF KING,STATE OF WASHINGTON. •-• (THABODESCRIPTIONS372 6 TORY WARRANTY DEEDS RECORDED UNDER RECORDING NUMBERS 200 E 901V0EEAND FRO010M0 2STATUTORY P 201S /i/L19 SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT THIS PLAT OF RETREAT MEADOWS BASED UPON AN ACTUAL SURVEY ailla�/� ANDOSUBDIVISIONIS BASD PON NN 30,TOWNSHIPSEY 21 �Vl NORTH,RANGE 4 EAST,W.M.,AS REQUIRED BY B EY L E R STATE STATUTES;THAT THE DISTANCES, G ' COURSES,AND ANGLES ARE SHOWN THEREON Y/^ CORRECTLY;THAT THE MONUMENTS SHALL BEEDT 0T ��, CONSULTING AND LOT AND THE CORNERS SHALL BE STAKED FULLY CORRECTLY ON TIE THEP,ANDITHAT I HAVE 001F- le'. T Plan.Design.Manage AND WITH THE PROVISIONS OF THE �` STATE LOCAL STATUTES AND REGULATION CONTACT GOVERNING PLATTING. • $ PHONE: 253-301-4157 OFFICE CITY OF FEDERAL WAY FILE NO. �Y.{�� FAX:253-336-3950 5920 100TH ST SW,STE 25 �1. QRBC LAIR beylerconsuItin9.com LAKEWOOD,WA 98499 17-104044-SU m DOWN.BY: CHIC BY: JOB NO: DATE: SCALE: EBR tgoltl 16.394 03/09/2018 AS NOTED RETREAT MEADOWS PLAT SHEET 2 OF 8 IN THE SE 1/4 OF THE NE 1/4 OF SECTION 30,TOWNSHIP 21 NORTH,RANGE 4 EAST,W.M. CITY OF FEDERAL WAY, KING COUNTY,WASHINGTON NJ ENCASED MONUMENT QENCASED MONUMENT NORTH 1/16 CORNER 11.1 (F)- z —(3)(0)(13) ENCASED MONUMENT— / (J)(0)(E)(e) N _ (3)(F) R_2: .87.94'0,..1.3.453____1.--'_ - —- — N 88°50'01"W 604.88' — H 356TH STREET a <T / a p,.. L=32A 04T11 � _ - _ _ LI ----- - — ( SLOPES AND UTILITIES EASEMENT ii I PER REC NO. WALL AND UTILITY- 2 SEE RESTRIC ION0241011.4,SKEET 8. f EASEMENT PER REC.NO. I LPyoa 9001100188.SEE 30'PUGET POWER EASEMENT REBAR AND CAP#19635(0) RESTRICTION 5,SHEET 8. TRA I PER REC.NO.8007170518. yti hT' I SEE RESTRICTION 2,SHEET 8. h,,...'4.,0' 4ho p.4 SLOPES&o EASEMENT PER UTILITIES EC NO. 3 I I I 15'INGRESS,EGRESS&UTILITIES T,', 8910160169.SEE I I 9 EASEMENT PER DEC.NO.9108151496. 42' p'6' 0$RESTRICTION 3,SHEET 8. I I SEE RESTRICTION 6,SHEET 8. oR 7 IARC LCI APPROXIMATE LOCATION ,° OF INGRESS,EGRESS& I`5 AREA TABLE UTILITIES EASEMENT PER 6 I I m REC.NO.9108190218. ,-,- PARCEL SF* SFE RESTRICTION 7, Ja I 1-o LII o SHEET 8. �9Ct I-'`— _i__ Om 1 8413 — _ 9 - Op5,Jp0 2 9025 8 TRACT A .r pb 90., N LOT 1 9. ,p"' REBAR AND CAP#19635(0) Z 3 8292 PARCEL 3023099125 I p9P l7 tu � 1C 0 7518 30'PUGET POWER I 0+pry U f EASEMENT PER REC.NO. 10 567. _ y1 5 7415 TION921005086B.SEE 1,.. Opp— — — — — — — F- RESTRICTION 8,SHEET 8. 6 7205 a I a w 7 7252 APPROXIMATE LOCATION OF X11 I 55 z PAR SFt TRACT PURPOSE OWNERSHIP F US WEST EASEMENT PER 8 8186 REC.NO.9304141893.SEE \� TOTAL E 635,290 TRACT A LANDSCAPING& PRIVATE H RESTRICTION 10,SHEET B. c' TOTAL 930,868 FUTURE ACCESS TO 9 7239 —.1 PR 5o PRIVAT EYS 8,781 ADJACENT PROPERTY 10 7211 O69A 12 \ 8'"p STORM R 46,037 TRACT B DETENTION POND PUBLIC A — O^ RIGHT 0' Y 142,834 TRACT C DETENTION POND PUBLIC 11 7270 y4 0'500 , 54 53 52 (ANDS G/ TRACT D LANDSCAPE BUFFER PRIVATE OPEN SPA TRACT E ALLEY PRIVATE I- p LOT 2 ),V 5 RECREATI• TRACT F ALLEY PRIVATE 12 7288 prO 13 I (TRACTA. 6,770cri 13 359 ,,,SP.. PARCEL 3021049164 -I30' r.i ss 14 7359 T 2 5 358TH 5W 358TH S w STREET 15 7380 — — o to N 89°02'04" 327.99' - - SW 358TH ST 16 7490 Z \ — — iJl N 17 7466 142,8392 SF RIGHT OF //1, I at 18 7316 WAY DEDICATED TO THE 15 / CITY OF FEDERAL WAY I p 19 7219 (x ) , R3 04 ,5 46 y7 REBAR AND CAP#19635(0) / Z 1/1 20 7219 LLl REBAR AND CAP#19635(0) 34' 21 7219 LOT B 16 > I LOT I PARCEL 3021049121 Q I PARCEL 3021049156 22 7219 0 I 4251 CL TRACT8 23 7861 WEST LINE EAST1/2 17 Z N V/ V/ 24 7999 5E1/4 NEI/4(S)(L) I 41 50 .-I O 25 7261 SW 358TH PLCi. PARCEL 33T 2 21049009 26 7233 ,'.OP 1 ti 60 27 7204 4ti�hypo \ I 40 49 ,t;s9°'6's, 28 7242 964040040° PARCEL A PARCEL B PA CEL D 33 ppb° opoyo'�Ba - 29 7243 po'0"40 P 39 48 1 �- p'.p se',yo,'�y0 30 7962 ",..<,". OpF.O / I Lb0'L 19 p'd pbJ. 31 8679 REBAR AND CAP I I Ip0 I 32 8690 #16213(L)(S) 138 37 36 35 34 a LOT 3 LOT 4 p PARCEL 3021049157 PARCEL 3023009158 133' 33 8692 20 I I 34 7418 LOT A I Z I PARCEL 3021049126 1 I J 31 - I I 35 7293 I 36 7292 WEST 30'GAS EASEMENT 21 SW 359TH PL PER REC.NO.9302100943. I 37 7293 SEE RESTRICTION 9, I' — — _ — 38 7474 SHEET B. 22 I 39 8498 I 40 8499 24 25 26 I 27 28 29 30 TRACT C PARCEL 3021049092 41 8500 23 42 8501 \ I r 1 f 93 7412 N 89°07'11"W 655.57' ——L •J'� 327.82' 99 7270 PERPUG N0.WER EASEMENT 45 7303 REBAR AND CAP REBAR AND CAP#19635(0)�j SE (COON 1,SHEET e. °EAST 1/4 CORNER #10708(5) 46 7335 SOUTH LINE SE1/4 NE1/4(0)—/ REBAR P#19 SIN CONCR DOWN 0.7' 1 (13) 07 7547 ILLANEE JR HIGH SCHOOL OI 48 8480 PARCEL 321049013 99 848011. 50 8480 51 8480 FOUND MONUMENT AS NOTED MARCH 2016 BASIS OF BEARINGS 52 7479 53 7411 0 FOUND REBAR AND CAP AS NOTED MARCH 2016 ASSUMED:THE BEARING OF THE EAST LINE OF THE 54 8916 (0) PER FEDERAL WAY BLA 20090903900001 NORTHEAST QUARTER OF SECTION 30 FROM THE EAST QUARTER CORNER TO THE 1/16TH CORNER IN 55 7553 SW 356TH STREET IS NORTH 01029'23'WEST. (5) PER FEDERAL WAY BLA 199208079001 Pt 8 7335 ROW t42a3a (L) PER RECORD OF SURVEY 198704019007 TRACT 3925 (B) PER RECORD OF SURVEY 20150304900002 EQUIPMENT USED 1p ,fps yyy��fpp /'� '��" TRACT 8 28551 (F) PER RECORD OF SURVEY 20071115900005 TOPCON TOTAL STATION.STANDARD FIELD TRAVERSpdl F OF `� TRACT C 17486 1 METHODS FOR CONTROL AND STAKING. l9-•1N YM� .2_ (,/ TRACT D 2845 (J) PER JOHN ROE ADDITION .2.016 TRACTS 4346 (M) MEASURED DIMENSION THIS SURVEY TRACT F 4435 708 NO: DATE: '"�' 100 50 0 100 200 SCALE: 1" = 100 I T4,° 16.394 a 03/09/2018 I1/( BEYLER CONSULTING 4 r CONTACT CITY OF FEDERAL WAY FILE NO. 17-104044-SU phone:253-301-4157 OFFICE fax:253-336-3950 5920 100th SL SW Ste.25 DeylerconNUlting.cOm Lakewood,WA 98499 RETREAT MEADOWS PLAT SHEET 3 OF 8 IN THE SE 1/4 OF THE NE 1/4 OF SECTION 30,TOWNSHIP 21 NORTH,RANGE 4 EAST,W.M. CITY OF FEDERAL WAY,KING COUNTY,WASHINGTON I u) W IQ R=2864.88' 0 LLI L=1.60'i z - A O'01'ss" 1 N - ' L=635.56'A=12°42'39" SW 356TH STREET WAY DEDICATEDRIGHT �� TO THE CITY OF FEDERAL WAY • R=2822,88'L=329.43'5=6°41'11" (# ' I nI I I I 3 _- ROW DEDICATION --R=2811.88'L=270.28 p=5°30'26__ ___----C 1 -r n .-_ I I Cly 1 �' - LANDSCAPE BIIfFER R=2_801._88'L=290.78'p=5°56'46" ' - L.,,.19___.8..:.7,, =19.84'p=2°51'35" ," rJ TRACT L= . .q_p=3°05'12"_ i 0 �'�" \, N m / _ I I i I LLI ^Iwo 1 I LOT 1 OlI LOT 2 JI a 9 I m w W SETBACK UNE TABLE I I v N L23I o L -I J Q LINE 8 LENGTH DIRECTION - W _;N 88°33'35"W 145.17' , 0 Z 1.21 JI u0 50.00 N88°33'35'W I TRACT E z !� N w La 15.00 Sl°26.25"W N 88°33'35"W 149.95' I rI PRIVATE ALLEY ..fL Z 1 u2 18.10 N88°33'35.W r 1.25 -mi 1 �PRIVATE UTILITES EASEMENTS V I I CC diN I 1 W L13 2.92 577°32'34"W I 18 N 88°33'35"W 143.94' Cl I L14 13.70 N58843'141W ° L1 1 LOT 3 u ,2 I I 1 I L15 46.98 531°16'46"W �I = a• 1 / ° 5,16 44.54 N39°33'20"E yL \ / 1 v 9 1 l'' '4,' \ . I 1 LOT 4 , o L17 4.32 N1°26'25°E I I o �- 0p• \\ c I /N b LIB 15.00 N88°33'35"W a."° `I M L- N88°33'35"W 103,_79' f \'''°''' ` I / ,y v -- _ U. 15.00 N1826'25"E - - , (3 "P/ `-,11 S�4 / / R N u. 124.95 N88°33'35"W I > / 1� -'' / v~ r�i ry / N I X Jr..`1"4_,,, / / O P N 5,21 124.95 NBB°33'35"W I W / cf. ° ° U2 15.00 S1°26'25'W - NI LOT 7 4, / '. N I \ '3403�// / " ^� z z 123 10.00 N88°33'35"W v/ • �o/ \ v O O� I 124 4z.v s1'26'2S"W mI L12 113 / h,-/ N LOT'5 '4' I o I ..7 -�zIq ,y'+. N, / i 30, e I Lio :if 4 / o°� �P N 88°33'35'W 76.12' L4 • A/ /;.,0 o 60.00'_ 16.11' N 7 / 1 -20' o N LOT \3S° / ° ryyo 3�. - L3 3\ �\ N N d 4 0 o- O O ° O.47 ) -- yam' ° O �I LOT 9 I o I \ys c, -.7,,,,41C ,4 'Oo, • //ots °^ti Wol ry I \°4 S'Fq Fy J'ro 4 \\/ ,'. - - - - tiI Nvo.�I \� ��s I / �fb �`' �l ahui I J\ter I ti% s. TRACT Am Z mI �I ti N .4,/,3�/ 10 5' LANOSC4PING LOT 8 .tio o? 5 S� &fVTURE ACCESS > I a,-,0/ /L�(/� p� p � �, O ADIACENT I / // ,\I' I +4'/ Cm c)�°41- �<" / \sO�6'PROPER7Y O O� �ti0 p / 40, L /-c)-:9 O / • 60.00' • 2p.86' '90 0D,' /'1O alb y /^\ �q°"J�O'/ // \ Iy),.i ,-N 88°33'35" 0.86' �? ),1t 40 V /' 9' _'4=304' N / r: y0 �\� / /of4, a/ ti I vzH,4 o / .</ LOT 56 1 LI _ o �' 1 / / \ tis , O 4N O&. N 88°33'35'W 1 // /�i '7. H \ 40° I o!I a o �\ 0 0 1 SEE SHEET 4 I j NoY! / LOT 55 N\\ a' n // N z°` LEGEND BACK I / 6i w -_ loss N 88°32'31"W 101.25' CENTERMONUMENT TO BE SET _ - 50.00_ 51.25'•7 -E ••t� • REBAR AND CAP-MOLD 22016"TO BE SET 5 SE Ek. -3E- Q3 PUBLIC WATER AND SEWER EASEMENT.SEE SHEET 8.EASEMENT PROVISION 1. I I , I 1ppflll / J TYPICAL BUILDING Q2 ACCESS AND OT:EASEMENT.SEE SHEET 8.EASEMENT PROVISION Z. SETBACK LINES Q ACCESS AND UTILITY EASEMENT.SEE SHEET 8.EASEMENT PROVISION 3. PAGE 3 OF 8 4Q PRIVATE WATER&SEWER EASEMENT.SEE SHEET8.EASEMENT PROVISION U. L 5' 5, I QS PRIVATE WATER&SEWER EASEMENT.SEE SHEET 8.EASEMENT PROVISION 5. 3,:. A$ �, JOB NO: DATE: fia JOINT MLITT EASEMENT.SEE SHEET 8.EASEMENT PROVISION 6. of • 16.394 ez 03/09/2018 oN STREET ETF WHERE THERE RONTAGE ONIW \��-` `�� 30 15 0 30 60 SIDES,THE STREET SIDE��'..`'y I , , SETBACK IS I0'. SCALE: 1"=30 - n - - ir( ` BEYLER • + CONSULTING ,,...,...,,..........,......,.,,,r CONTACT CITY OF FEDERAL WAY FILE NO. 17-104044-SU zs3-3D1-4157 OFFICE FROM fax:253-336-3950 5920 100[6 SL SW Ste.25 beylerconsulting.com Lakewood,WA 98499 RETREAT MEADOWS PLAT SHEET 4 OF 8 IN THE SE 1/4 OF THE NE 1/4 OF SECTION 30,TOWNSHIP 21 NORTH,RANGE 4 EAST,W.M. CITY OF FEDERAL WAY,KING COUNTY,WASHINGTON L - - — — - - — — --./ I • N 88°33'35"W ' / S/y F6- r 7 , FFT 130.23 3 I /� 2 ry LOT 11 ti v ,r I e / MJI°� _ L — / ry / (---,1---,§09 IY------J 11� N 88°32'31"W 101.25' • N 88°33'35'W 47' j , 50.00' 51.25' J• �— , , - 0 ' 1 , —1 1 h" a I I I I NI LOT 12 1 ^j I 81 I I 1 .,-`•1 �� J\; I 41 F:.1 QI 1 L —N 88°33'35"W 111.50 �• 1 °. 1 LOT 54 I e1 LOT 53 ;nJ LOT 52 - _ _ • in utOi I o — to'— o I 1 8, =I -81 LOT 13 0 0\ 'I 1 I w I z 30' .v 30 I — — � — —� L I _ _J L 1— N 88°33'35"W 111.50' " o x .01 SO'- 1 0 •z I z O16' . 31.28' • 50.00' • 49.97' 142,834±SF RIGHT OF -/ I WAY DEDICATED TO THE _ �J-'• CITY OF FEDERAL WAY I 1 I N 89°02'04"W 331.25' '41 (# o SW 358TH ST LOT 14 e ROW DEDICATION n, I- N �I S 89°02'04°E 372.46' — — Ill I1 �o = m n [n N 88°33'35"W 111.50' I I LU • • I N 89°02'04"W•135.65' 0 1 o , W I— -zs e • 3!1 • N 85 In y 40.91' 63.04' 63..04' y n / C'/ ice r oel I ( - -1 1-- - - - -7 I- - - -1 I— LOT 15 \ 30' 26' I IC I I� I 1 I Ri m 1� I� 1 — N 88°33'35"W 112.58'—J I f!...' LOT 43 L I LOT 44 la I LOT 45 Iw zo Z �- I� 1� I 1 �� oI e ° V) o I I IZ I Iz I� w z z 1 LOT16 1 c 3 SID g I I I 1 1 O o N W o Z Z Q o � 165.70' 63.01' J 31.11' .31 L — N 88°33_35"W 160.40' •• • N 88°33'35"W 114.39' 0 D: I I- — — — — • I N k'T42 `� 11 �I 1 1 rvl I N lir 114 1 gI LOT 17 I Q ni I 1 °1 - -_ S .. 26' 26'w —N88°33_35' 160.38' • 1 1 I n— - 5f L N _ cb ° 0 1 „ • N 88°33'35"W 90.50' Z N I LOT 41 I w L - SW 358TH PL ' I I TI ^; ROW DEDICATION mLI lis' I I - I it N 88°33'35"W 141.50' ii) 1 — L w 10' _I;..- IN 88°33'35"W 160.37' f SEE SHEET 5 En s'I g SEE SHEET 5 LEGEND Z BACK CENTERLINE MONUMENT TO BE SET — • REBAR AND CAP'TGOLD 22016°TO BE SET 5 QI PUBLIC WATER AND SEWER EASEMENT.SEE SHEET B.EASEMENT PROVISION 1. TYPICAL BUILDING "'!!!�iLI � AQ2 ACCESS AND UTILITY EASEMENT.SEE SHEET 8.EASEMENT PROVISION 2. SETBACK LINES ��JYYf //��''�� ,/ ACCESS AND UTILITY EASEMENT.SEE SHEET 8.EASEMENT PROVISION 3. PAGE 4 O L/ QPRIVATE WATER&SEWER EASEMENT.SEE SHEET 8.EASEMENT PROVISION 4. H 5' 5' I TVI QS PRIVATE WATER&SEWER EASEMENT.SEE SHEET B.EASEMENT PROVISION S. 6Q JOINT UTILITY EASEMENT.SEE SHEET S.EASEMENT PROVISION 6. DA/0: ON COTS WHERE THERE IS r7V V, 1 16.394 03/09/2016 STREET FRONTAGE ON TWO 30 15 0 30 60 I SIDES,THE STREET SIDE -'R ity SETBACK IS I0'. SCALE: 1"= 30' i S — — 1.rf"', BEYLER CONSULTING =,'. y r 1 CONTACT CITY OF FEDERAL WAY FILE NO. 17-104044-SU �-�-- �..,,. phone:253-301-4157 OFFICE FRONT fax:253-336-3950 5920 100th St.SW Ste.25 beylerconsultIng.com Lakewood,WA 98499 RETREAT MEADOWS PLAT SHEET 5 OF 8 IN THE SE 1/4 OF THE NE 1/4 OF SECTION 30,TOWNSHIP 21 NORTH, RANGE 4 EAST,W.M. CITY OF FEDERAL WAY, KING COUNTY,WASHINGTON SEE SHEET 4 SW 358TH PL ROW DEDICATION ��\ ,J$• I N 88°33'35"W 141.50' LJ 10'I• 1J--. I N 88°33'35"W 160.37' • Ir 15' r 1 Mr I • o' " F z I LOT 40 1 w1 T\°s Im L1 1I N J zl e1 LOT 18 I I— _ _N33'35"W 160.35' 1 ! 2 i r J/t. L — I N 1 1 LOT 39 I w1 N 88"33'35"W 115.50'' -I I 1 NII r 1 in rNi 1 • •N 88°33'35"W 160.34' J zL I L_ 65.70' 62.99' • 31.64' • iii b LOT 19 1 26' 26 e' I - -1 - - - -1 n - 11 II z I 10 Los • N 88°33'35"W 115.50' J I I',.^ 16i i 11 LOT 38 1N I LOT 37 1N 1 LOT 36 Ia• � 1z." 1IV �1 LOT 20 1 N j Iz 1 1z 1 0 - e1 IT I I W p - - L - - - � _ _1_ cn - - _ N 88°33'35"W 115.50' w \\ -.‘"9,.7,,_" I o _ B3 _ n 40.70' 62.96'gl I!J '"I ° • 62.96' (n 1 0 - N 88°33'35"W 266.31' • to 1 , 142,8345 SF RIGHT OF WAY I z w r DEDICATED TO THE CITY OF o rvI FEDERAL WAY # z LOT 21 I _ J N 88°33'35"W II 317.31' �1 I I_ SW 3597H PL L '°" '� 6 ROW DEDI TION • N 88°33'35"W 115.50' J I I `5 I • i5.� N 88°33'35" 266.31' ��-• z 31.50' • 54.00' • c • • 0 I--37.5' 54.00' 54.00' -I i to V L 1 —1 F - - f 7 - - 7 1- - 1 LOT 22 Iry W o 1 1 1 1 g "I 1 z Pi ' I I 1 I I L W g 1 1 1 • N 88°33'35"W 115.50' J I Q 30 n I o l I vl 1 " ril 1 ,^.,I r I z z LOT 24 I w I 1 .1 LO ! w LOT 26 wl LOT 27 1 W1 zn N I I e I I �I gi 11 tgI 21 LOT 23 1 '% 1 I z 1 z 5I I z1 �1 I 1 1 1 . I I 1 I 1 1 L — � 1 _ — — -155.51 — — -I 26.00' 26.00' I-- J I I — • • 56.50' • 54.00 54.00' • 54.0 N 8900711"W 655.57' kJ° 61)41°I. il 1‘ LEGEND BACK ® CENTERLINE MONUMENT TO BE SET _ — &&�� • REBAR AND CAP'TOOLD 22016"TO BE SET S EX4 I A QPUBLIC WATER AND SEWER EASEMENT.SEE SHEET 8.EASEMENT PROVISION 1. TYPICAL BUILDING Q2 ACCESS AND UTILITY EASEMENT.SEE SHEET 8.EASEMENT PROVISION 2. SETBACK LINES Q3 ACCESS AND UTILITY EASEMENT.SEE SHEET 8.EASEMENT PROVISION 3. I I PAG S F L, PRIVATE WATER&SEWER EASEMENT.SEE SHEET 8.EASEMENT PROVISION 4. L 5' 5' 8 QPRIVATE WATER&SEWER EASEMENT.SEE SHEET 8.EASEMENT PROVISION 5. r A a1 © IOIRE UTILITY EASEMENT.SEE SHEET B.EASEMENT PROVISION 6. JOB NO: DATE: �� 16.394 : 03/09/2018 ON LOTS WHERE THERE IS �] �)"� STREET FRONTAGE ON TWO ��I 30 15 0 30 60 I SfDES,THE STREET SfDE ' I SETBACK IS 10'. >r B E Y L E R SCALE: 1"= 30' L _ _ _ t I t /' '�°' 1 , CONSULTING CT CITY OF FEDERAL WAY FILE NO. 17-104044-SU 8: e:25 phone:253-301-4157 OFFICE FRONT fax:253-336-3950 5920 100th St.SW Ste.25 beyIerconNulting.com Lakewood,WA 98499 RETREAT MEADOWS PLAT SHEET6OF8 IN THE SE 1/4 OF THE NE 1/4 OF SECTION 30,TOWNSHIP 21 NORTH,RANGE 4 EAST,W.M. CITY OF FEDERAL WAY,KING COUNTY,WASHINGTON _) SEE SHEET 7 gr N 88°31'26" 0_ .r.0 — — — — 1 N �(v) Z.^ i !'l LOT 50 m v O m g . wium TRACT B mi 'Vi i ryQIR,^ ry DETENTION POND N J '5J a ,,3 z 0 H O �o z z ul z N 88°31'26"W 160.00' I wi LOT 49 i I 2 i I i N 88°32'31'W 115.90 J =L J 30.. I I cr N 88°31 26"W 160.00' O LD- 1 i oI CT 1 F-F LOT 33 is l vl LOT 48 I o o f n i i^ ------\_ a i J z81 -, a L J N 88°31'26"W 160.00' -J I— .00_ r N 88°32'31"W 115.88' 63n —65.65_ --� i li 1 I oI I LOT 32 o. _vi n26' 26' i i^ LOT 35 w LOT 34 W i mi I I 5'� J i 1D' J N 88°32'31"W 115.86' z i Z i ZZs' r i Ari. L— — — — —� 1— — —— j I i I io i^ I^ '' C% i LOT 31 F 63.00' 36.69' j h = N 88°33'35"W 266.31' I y`'yyh� ,fn y / / i '0 / NN 88°33'35'W 317.31' `86. ryyC`�'` I SW 359TH PL ,tip- ms J 2° N 88°32'31"W 103.81' c ROW DEDICATION 'Al 0. 81•00 Cr /I>Ste'Sz ^, � 3e N 88°33'35"W 266.31' 54.50' 18.31' C9 - 1 / 1 - - - - II II i i ,i i :.i imi o Ml 51rn i l ryer C `1.' e 40 i LOT 28 � LOT 29 u, LOT 30 OFTEN PDN D iN FI 1 i rvi rvi IIP toy',„ ni I Zi zi Zi i z tr4i I I I i i i i I446 -_ — --L— — --- 54.50' 54.00' 54.00' 107.04' N 89°07'11"W 655.57' -I - - - - I— U) LEGEND BACK p ® CENTERLINE MONUMENT TO BE SET M • REBAR AND CAP 22016"TONE SET i YS (min IA PUBLIC WATER ANDNDSEWER EASEMENT.SEE SHEET 8.EASEMENT PROVISION 1. TYPICAL BUILDING , , 02 ACCESS AND UTILITY EASEMENT.SEE SHEET 8.EASEMENT PROVISION 2. i SETBACK LINES AACCESS AND UTILITY EASEMENT.SEE SHEET B.EASEMENT PROVISION 3. PAGE to g� r{, APRIVATE WATER&SEWER EASEMENT.SEE SHEET 8.EASEMENT PROVISION 4. L 5' 5, �(� ��Y (J APRIVATE WATER B SEWER EASEMENT.SEE SHEET 8.EASEMENT PROVISION S. i 3 r J j r JOB NO: DATE: A JOINT UTILITY EASEMENT.SEE SHEET 8.EASEMENT PROVISION 6. 16.394 03/09/2018 ON LOTS WHERE THERE IS e♦� 1'STREET FRONTAGE ON TWO �,',-30 15 0 30 60 SIDES,THE STREET SIDE . - SfTBAfX I5 ID', B E Y L E R SCALE: 1"_.30 L '— — — �';�'� I;'y, : CONSULTING CONTACT CITY OF FEDERAL WAY FILE NO. 17-104044-SU V FROM- Phone:253-301-4157 OFFICE faX:253-336-3950 5920 100th St.SW Ste.25 beylerconNOlting.com Lakewood,WA 98499 RETREAT MEADOWS PLAT SHEET 7 OF 8 IN THE SE 1/4 OF THE NE 1/4 OF SECTION 30,TOWNSHIP 21 NORTH, RANGE 4 EAST,W.M. CITY OF FEDERAL WAY,KING COUNTY,WASHINGTON 10'- 5 A vJ SW 358TH ST W I J REC.NO. °02'04"W 327.99' 0 5 89°02'04"E �. , �- I J -] 372.46' S 89°02'04"E 100.00' ` R=500.00' W dr,,^� S W 358TH ST 142,8341 SF RIGHT OF WAY L=42.05' CO ROW DEDICATION DEDICATED TO THE CITY OF D-4°49 07" /--1-PROPOSED LU �I • N 89°02'04"W 134.79' FEDERAL WAY(# ) m SEWER EASEMENT I • 1- R=530.00' ----- 63.00' - 40.44' N 89°02'04"W 49.47+ L=41.78 _ - - \Cry (i''' A=4°30'58" r— — - - --i r- - - __ � 1 1 26' 26' m LU V) � 1 Iti 1 y 10•— w a I LOT 46 I to Ia I LOT 47 co 2474 1 164 zi 1z1 ImAL IIU5 � Z in I II Ido a TRACT B 1 1 I 1 8 8 0 DETEN770N POND J L_ 63.00' — _ L — 1 z zl( z • N 88°31'26"W 160.01'• 65.69 �� 1 SEE SHEET 6 _— \ I 1 i ---- (j) I I STORMWATER TRACT G PER REC.NO. < I � � I — I U SW 358TH ST LLI > PER REC-NO'-�— 1 — 0 _ H W _ �-S 358TH ST LU Li) I /—i—PROPOSED SEWER EASEMENT J ill (Z.f-"l'it st•etk i 50- .k. LEGEND BACK I ® CENTERLINE MONUMENT TO BE SET T _ • DEBAR AND CAP"TGOW 22016"TO BE SET L 5' 30 3 60 QI PUBLIC WATER AND SEWER EASEMENT.SEE SHEET 8.EASEMENT PROVISION 1. rypICAL BUILDING Q2 ACCESS AND UTILITY EASEMENT.SEE SHEETS.EASEMENT PROVISION 2. SETBACK LINES I PAG L Q ACCESS AND UTILITY EASEMENT.SEE SHEET 8.EASEMENT PROVISION 3. E II I �� 7 OF (1 ,Z PRIVATE WATER&SEWER EASEMENT.SEE SHEET 8.EASEMENT PROVISION 9. ~5' 5'--I /J� (J�'J"� . , PRIVATE WATER&SEWER EASEMENT.SEE SHEET 8.EASEMENT PROVISION 5. I 1 3 - 201 .108 NO: DATE: 6Q 10INT UTILITY EASEMENT.SEE SHEET B.EASEMENT PROVISION 6. ' 'N I 16.394 03/09/2018 S710E7,7: REET FRONTAGE ON TWO 4.";.`� SLOES,THE STREETSIDE \ �i SETBACK IS,D•. � ,; _: BEYLER CONSULTING 4 ;,�,, CONTACT 4 ._............. .,,.,.,,� CITY OF FEDERAL WAY FILE NO. 17-104044-SU FRONT phone:253-301-9157 OFFICE faz:253-336-3950 5920 100th St.SW Ste.25 beylerconsulting.com Lakewood,WA 98499 RETREAT MEADOWS PLAT SHEET 8 OF 8 IN THE SE 1/4 OF THE NE 1/4 OF SECTION 30,TOWNSHIP 21 NORTH,RANGE 4 EAST,W.M. CITY OF FEDERAL WAY, KING COUNTY,WASHINGTON LOT ADDRESS LINE TABLE EASEMENT PROVISIONS LOT 1 35607 2ND AVENUE SW L3 N 01°26'25"E 11.11' 1. AN EASEMENT IS HEREBY IRREVOCABLY RESERVED FOR AND GRANTED TO LAKEHAVEN WATER&SEWER LOT 2 35613 2ND AVENUE SW 1.2 N O1°26'25"E 10.10' DISTRICT AND ITS AGENTS,SUCCESSORS AND ASSIGNS,FOR 5O LONG AS IT SHALL OWN AND MAINTAIN LOT 3 35619 2ND AVENUE SW U S 50°26'40"E 23.45' THE UTILITIES REFERENCED HEREIN UNDER AND UPON THE AREA SHOWN ON THE PIAT AND DESCRIBED LOT4 35• - - L4 S 77032'34"W 19.02' HEREIN AS"WATERLINE EASEMENT"(WLE)AND"SANITARY SEWER EASEMENT(SSE)TO INSTALL, 1• U 5 88°33'35"E 24.95' MAINTAIN,REPLACE,REPAIR AND OPERATE WATER AND SEWER MAINS AND APPURTENANCES FOR THIS 35637 2ND AVENUE SW L6 S 01°2729"W 6.90' SUBDIVISION AND OTHER PROPERTY TOGETHER WITH THE RIGHT TO ENTER UPON SAID EASEMENT AT 107] 35643 2ND AVENUE SW 7 5 39°33'20"W 7.]5' ALL TIMES FOR PURPOSES INCIDENT THERETO.NO BUILDING,WALL,ROCKERY,FENCE,TREES OR LOT 8 35705 2ND AVENUE SW N 58°15'37 W 21.53' STRUCTURE OF ANY KIND SHALL BE ERECTED OR PLANTED,NON SHALL ANY FILL MATERIAL BE PLACED ' LOT 9 35649 2ND AVENUE SW L9 N 52°57'53"W 26,84' WITHIN THE BOUNDARIES OF SAID EASEMENT AREA.NO EXCAVATION SHALL BE MADE WITHIN THREE(3) LOT 10 35709 2ND AVENUE SW FEET OF SAID WATER ER SEWER SERVICE FACILITIES AND THE SURFACE LEVEL OF THE GROUND WITHIN LOT 11 35717 2ND AVENUE SW THE EASEMENT AREA SHALL BE MAINTAINED AT THE ELEVATION AS CURRENTLY EXISTING.GRANTOR LOT 12 35725 2ND AVENUE SW HEREBY AGREES THAT NO WATER AND/OR SEWER SYSTEM FACILITY OR APPURTENANCE OF ANY KIND LOT 13 35733 2ND AVENUE SW SHALL BE CONSTRUCTED OR LOCATED BY GRANTOR OR ANY THIRD PARTY ACTING UNDER AUTHORITY OF I LOT 14 35801 2ND AVENUE SW GRANTOR,WITHIN OR PROXIMATE TO SAID EASEMENT,UNLESS SUCH INSTALLATION IS APPROVED BY LOT 15 35809 2ND AVENUE SW GRANTEE AND IS IN CONFORMANCE WITH THE THEN-CURRENT EDITION OF THE"CRITERIA FOR SEWAGE LOT Sb 35819 2ND AVENUE SW WORKS DESIGN"PUBLISHED BY THE WASHINGTON STATE DEPARTMENT OF ECOLOGY.GRANTOR HEREBY LOT 17 35823 2ND AVE SW/206 SW 358TH PL FURTHER AGREES THAT NO OTHER UTILITY FACILITY OR APPURTENANCE OF ANY KIND,INCLUDING LOT 18 35837 2ND AVE SW/207 SW 358TH PL CURVE TABLE ". UTILITY SERVICE CONNECTIONS,SHALL BE CONSTRUCTED OR LOCATED BY GRANTOR,OR ANY THIRD • LOT 19 35846 2ND AVENUE SW PARTY ACTING UNDER AUTHORITY OF GRANTOR,WITHIN THREE FEET(3'),MEASURED HORIZONTALLY LOT 20 35851 2ND AVENUE SW FOR PARALLEL ALIGNMENTS,OR WITHIN SIX INCHES(6"),MEASURED VERTICALLY FOR CROSSING OR LOT 21 35905 2ND AVENUE SW Cl R=25.00' 1=23.27' A=5 "'08" PERPENDICULAR ALIGNMENTS,OF AMY PORTION OF THE GRANTEES FACILITIES.GRANTOR LOT 22 35913 2ND AVENUE SW C2 R=25.00' L=17.11' 8=39', •6" ADDITIONALLY GRANTS TO THE LAKEHAVEN WATER&SEWER DISTRICT AND ITS AGENTS,SUCCESSORS LOT 23 35921 2ND AVENUE SW C3 R=220.00' L=23.14' A=6°01' AND ASSIGNS THE USE OF SUCH ADDITIONAL AREA IMMEDIATELY ADJACENT TO SAID EASEMENT AREA LOT 24 35914 SW 359TH P11101 SW 359TH PL Ca R=25.00' L=39.95' A=91°34' AS SHALL BE REQUIRED FOR THE CONSTRUCTION,RECONSTRUCTION,MAINTENANCE AND OPERATION LOT 25 183 SW 359TH PLACE C5 R=25.00' L=39.27' A=90°00'0" OF SAID WATER OR SEWER FACILITIES.THE USE OF SUCH ADDITIONAL AREA SHALL BE HELD TO A LOT 26 175 SW 359TH PLACE C6 R=25.00' 1=39.27' A=90°00'00 REASONABLE MINIMUM AND BE RETURNED TO THE CONDTIION EXISTING IMMEDIATELY BEFORE THE LOT 27 167 SW 359TH PLACE CJ R=25.00' L=39.27' 8=90°00'00" PROPERTY WAS ENTERED UPON BY THE LAKEHAVEN WATER&SEWER DISTRICT,ITS AGENTS, LOT 28 159 SW 359TH PLACE C8 R=29.00' L=95.54' A=89°58'55" SUCCESSORS AND ASSIGNS.IN ADDITION TO THE OTHER RESTRICTIONS HEREIN,GRANTOR SHALL NOT LOT 29 151 SW 359TH PLACE C9 R=81.00' L=36.96' 0=26°08'45" CONVEY TO A THIRD PARTY AN EASEMENT OR OTHER INTEREST OR RIGHT OF USE OF PROPERTY SUBJECT LOT 30 145 SW 359TH PLACE CIO R=81.00' 1=29.92' 8=21°10'02" TO THE EASEMENT THAT WOULD IMPAIR OR LIMIT THE USE OF THE EASEMENT'RIGHTS GRANTED HEREIN. LOT 31 35856 1ST PLACE SW CU R=81.00' L=20.05' A=14°11'00" LOT 32 35842 1ST PLACE SW C12 R=81.00' L=40.27' 8=28°29'08" 2. A NON EXCLUSIVE ACCESS AND UTILITIES EASEMENT IS HEREBY RESERVED AND GRANTED TO PUGET T LOT 33 35834 1ST PLACE SW C13 R=25.00' L=39.05' e=89°30'27" SOUND ENERGY,INC.,A GAS AND ELECTRIC COMPANY,CENTURTINK,INC.A TELECOMMUNICATIONS LOT 34 150 SW 359TH 01/35843 1ST PL SW C14 R=25.00' L=39.48' 8=90°29'33" COMPANY,AND CABLE TELEVISION COMPANY AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS OVER, LOT 35 158 Sw 359TH PLACE C15 0.25.00' L=39.06' 8=89°31'31" UNDER AND UPON TRACT E FOR THE BENEFIT OF LOTS 2 a 3,IN WHICH TO INSTALL,LAY,CONSTRUCT, LOT 36 170 SW 359TH PLACE C16 R=25.00' L=39.48' 0=90°2629" _ RENEW,OPERATE AND MAINTAIN UNDERGROUND PIPE,CONDUIT,CABLES,AND WIRES WITH NECESSARY LOT 37 182 SW 359TH PLACE 07 R=25.00' L=40.38' 8=92°33'04" FACILITIES AND OTHER EQUIPMENT FOR THE PURPOSE OF SERVING THE SUBDIVISION AND OTHER LOT 38 ISO SW 359TH P/35848 2ND AVE SW PROPERTY WITH ELECTRIC,TELEPHONE,GAS,SEWER,WATER,STREET UGHTING,AND UTILITY SERVICE, LOT 39 35838 2ND AVENUE SW TOGETHER WITH THE RIGHT TO ENTER UPON THE LOTS AT ALL TIMES FOE THE PURPOSES HEREIN LOT 40 35832 2ND AVENUE SW STATED.THESE EASEMENTS ENTERED UPON FOR THESE PURPOSES SHALL BE RESTORED AS NEAR AS LOT 41 35820 2ND AVENUE SW POSSIBLE TO THEIR ORIGINAL CONDITION.NO LINES OR WIRES FOR THE TRANSMISSION OF ELECTRIC LOT 42 35822 2ND AVENUE SW - CURRENT OR FOR TELEPHONE USE OR CABLE TELEVISION SHALL BE PLACED OR PERMITTED TO NE LOT 43 35016 2ND AVE SW/191 SW 358TH ST PLACED UPON ANY LOT UNLESS THE SAME SHALL BE UNDERGROUND OR IN CONDUIT ATTACHED TO A LOT 94 183 SW 35801 STREET BUILDING. LOT 45 1715W 358TH STREET LOT 46 159 SW 358TH STREET . 3. A NON EXCLUSIVE ACCESS AND UTILITIES EASEMENT IS HEREBY RESERVED AND GRANTED TO PUGET LOT 47 151 SW 358TH ST/35815 1ST PL SW SOUND ENERGY,INC.,A GAS AND ELECTRIC COMPANY,CENTURYLUNK,INC.A TELECOMMUNICATIONS LOT 98 35839 1ST PLACE SW ' COMPANY,AND CABLE TELEVISION COMPANY AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS OVER, LOT 49 35833 1ST PLACE SW UNDER AND UPON TRACT F FOR THE BENEFIT'OF LOTS 7&9,IN WHICH TO INSTALL,LAY,CONSTRUCT, • LOT SO 358291ST PLACE SW RENEW,OPERATE AND MAINTAIN UNDERGROUND PIPE,CONDUIT,CABLES,AND WIRES WITH NECESSARY LOT 51 35821 1ST PLACE SW FACILITIES AND OTHER EQUIPMENT FOR THE PURPOSE OF SERVING THE SUBDIVISION AND OTHER LOT 52 176 SW 358TH STREET PROPERTY WITH ELECTRIC,TELEPHONE,GAS,SEWER,WATER.STREET LIGHTING.AND UTILITY SERVICE, LOT 53 184 SW 358TH STREET TOGETHER WITH THE RIGHT TO ENTER UPON THE LOTS AT ALL TIMES FOR THE PURPOSES HEREIN LOT S4 192 5W 358TH 5T/35726 2ND AVE SW STATED.THESE EASEMENTS ENTERED UPON FOR THESE PURPOSES SHALL BE RESTORED AS NEAR AS LOT 55 35710 2ND AVENUE SW POSSIBLE TO THEIR ORIGINAL CONDITION.NO LINES OR WIRES FOR THE TRANSMISSION OF ELECTRIC LOT 56 35702 2ND AVENUE SW CURRENT OR FOR TELEPHONE USE OR CABLE TELEVISION SHALL BE PLACED OR PERMITTED TO BE TRACT A 35840 2NO AVENUE SW PLACED UPON ANY LOT UNLESS THE SAME SHALL BE UNDERGROUND OR IN CONDUIT ATTACHED TO A TRACT B 35818 1ST FL SW/141 SW 358TH ST BUILDING. TRACT C 35860 1ST PLACE SW TRACT NO SITE ADDRESS A NON EXCLUSIVE PRIVATE ACCESS ANO UTILITIES EASEMENT IS HEREBY RESERVED AND GRANTED TO TRACT E NO SITE ADDRESS UKEHAVEN SEWER AND WATER AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS OVER,UNDER AND TRACT F NO SITE ADDRESS OPEN TRACT E FOR THE BENEFIT OF LOTS 2&3,IN WHICH TO INSTALL,LAY,CONSTRUCT,RENEW, ' OPERATE AND MAINTAIN UNDERGROUND PIPES WITH NECESSARY FACILITIES AND OTHER EQUIPMENT FOR THE PURPOSE OF SERVING THE SUBDIVISION AND OTHER PROPERTY WITH SEWER,WATER, (ANY ADDRESSES SHOWN ARE PRELIMINARY ONLY TOGETHER WITH THE RIGHT TO ENTER UPON TRACT EAT ALL TIMES FOR THE PURPOSES HEREIN STATED. AND SUBJECT TO CHANGE) ESE EASEMENTS ENTERED UPON FOR THESE PURPOSES SHALL BE RESTORED AS NEAR AS POSSIBLE O THEIR ORIGINAL CONDITION. 5, NON EXCLUSIVE PRIVATE ACCESS AND UTILITIES EASEMENT IS HEREBY RESERVED AND GRANTED TO KEHAVEN SEWER AND WATER AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS OVER,UNDER AND •N TRACT F FOR THE BENEFIT OF LOTS 7&9,IN WHICH TO INSTALL,LAY,CONSTRUCT,RENEW, •RATE AND MAINTAIN UNDERGROUND PIPES WITH NECESSARY FACILITIES AND OTHER EQUIPMENT TME PURPOSE OF SERVING THE SUBDIVISION AND OTHER PROPERTY WOO SEWER,WATER, GETHER WITH THE RIGHT TO ENTER UPON TRACT FAT ALL TIMES FOR THE PURPOSES HEREIN STATED. SE EASEMENTS ENTERED UPON FOR THESE PURPOSES SHALL BE RESTORED AS NEAR AS POSSIBLE THEIR ORIGINAL CONDITION. 6. A'ASEMENT IS HEREBY RESERVED FOR AND GRANTED TO ALL UTILITIES AND THEIR RESPECTIVE S ESSORS AND ASSIGNS SERVING THIS PUT UNDER AND UPON THE EXTERIOR TEN(10.00)FEET PA LLEL WITH AND ADJOINING THE STREET FRONTAGE OF ALL LOTS AND ALL OF TRACT D AS A'JOINT U EASEMENT'IN WHICH TO INSTALL,LAY,CONSTRUCT,RENEW,OPERATE AND MAINTAIN UN "GROUND CONDUITS,CABLES,PIPE AND WIRES WITH NECESSARY FACILITIES AND OTHER EQ ENT FOR THE PURPOSE OF SERVING THIS SUBDIVISION AND WITH WATER,SEWER,STORM, E • •!CIT,GAS,TELEPHONE AND OTHER UTILITY SERVICES,TOGETHER WITH THE RIGHT TO ENTER APO - E LOTS AT ALL TIMES FOR THE PURPOSES HEREIN STATED PROVIDED THAT FOLLOWING ANY WOR L E EASEMENT AREA SHALL BE RESTORED AS NEARLY AS POSSIBLE TO THE ORIGINAL CON• ON. TRACT CONVEYANCE RESTR ONS OF RECORD TRACT A ISA PRIVATE LANDSCAPE TRACT A JOINT 1/56 OWNERSHIP INTEREST TN TRACT AIS FOR THE (PER SCH. LE 0 SPECIAL EXCEPTIONS,STEWART TITLE GUARANTEE COMPANY GUARANTEE NUMBER PURPOSE OF LANDSCAPING AND FUTURE ACCESS TO ADJACENT PROPERTY.VEGETATION REMOVAL IN THIS G-6329-8T DATED JULY 12,2017 AT 2:95 PM.,ENDORSEMENT 1,FILE NO.01148-71062,ATTACHED TO TRACT REQUIRES APPROVAL FROM THE DEPARTMENT OF COMMUNITY DEVELOPMENT.TRACT A MAY NOT BE POLICY NU R G-6329-8791,DATED FEBRUARY 28,2018) DEVELOPED WITH ANY BUILDINGS OR STRUCTURES FOR USE OTHER THAN RECREATIONAL PURPOSES,AND • MAY NOT BE FURTHER SUBDIVIDED AND MAY NOT BE USED FOR FINANCIAL GAIN. I. THIS SITE I EJECT TO AN EASEMENT GRANTED TO PUGET SOUND POWER AND LIGHT COMPANY AS DISCLOSED I STRUMENT NUMBER 7704260766.AFFECTS PARCEL D AS SHOWN HEREON. TRACT B IS CONVEYED TO THE CITY OF FEDERAL WAY FOR THE PURPOSE OF STORM DRAINAGE FACILITY. THIS TRACT SHALL BE MAINTAINED BY THE CITY OF FEDERAL WAY. 2. THIS SITE ISS''ECT TO AN EASEMENT GRANTED TO PUGET SOUND POWER AND LIGHT COMPANY AS DISCLOSED IN "TRUMENT NUMBER 8007170528.AFFECTS PARCEL CAS SHOWN HEREON. . TRACT C IS CONVEYED TO THE CITY OF FEDERAL WAY FOR THE PURPOSE OF STORM DRAINAGE FACILITY. THIS TRACT SHALL SE MAINTAINED BY TME CIT OF FEDERAL WAY. 3. THIS SITE IS SU° TO AN EASEMENT GRANTED TO KING COUNTY AS DISCLOSED IN INSTRUMENT NUMBER 8910160 AFFECTS PARCEL BAS SHOWN HEREON. TRACT D ISA PRIVATE LANDSCAPE TRACT A JOINT 1/56 OWNERSHIP INTEREST IN TRACT D FOR OWNERSHIP AND MAINTENANCE PURPOSES.TRACT D MAY NOT BE DEVELOPED WITH ANY BUILDINGS OR STRUCTURES, 4. THIS SITE IS SUSIE•-TO AN EASEMENT GRANTED TO KING COUNTY AS DISCLOSED IN INSTRUMENT MAY NOT BE FURTHER SUBDIVIDED AND MAY NOT BE USED FOR FINANCIAL GAIN.VEGETATION REMOVAL IN NUMBER 891024101/ PARCEL C AS SHOWN HEREON. THIS TRACT REQUIRES APPROVAL FROM THE DEPARTMENT OF COMMUNITY DEVELOPMENT. 5. THIS SITE IS SUBJECT -N EASEMENT GRANTED TO KING COUNTY AS DISCLOSED IN INSTRUMENT TRAIT ELS CONVEYED TO THE OWNERS OF LOTS 2 AND 3 FOR THE PURPOSE OF PRIVATE ACCESS AND NUMBER 9001100188.A PARCEL A AS SHOWN HEREON. PUBLIC UTILITIES SERVICING LOTS 2 AND 3.THIS TRACT SHALL BE MAINTAINED BY THE OWNERS OF LOTS 2 AND 3. 6. THIS SITE IS SUBJECT TO TERMS AND CONDITIONS OF AN EASEMENT AS DISCLOSED IN INSTRUMENT NUMBER 910: -496.AFFECTS PARCEL C AS SHOWN HEREON. TRACT F IS CONVEYED TO THE OWNERS OF LOTS 7 AND 9 FOR THE PURPOSE OF PRIVATE ACCESS AND PUBLIC UTILITIES SERVICING LOTS 7 AND 9.THIS TRACT SHALL BE MAINTAINED BY THE OWNERS OF LOTS 7 7. THIS SITE IS SUBJECT TO T1-''MS AND CONDITIONS OF AN EASEMENT'FOR INGRESS,EGRESS AND AND 9. UTILITIES AS DISCLOSED W I 'UMENT NUMBER 9108190218.AFFECTS PARCEL CAS SHOWN HEREON. 8. THIS SITE IS SUBJECT TO AN EASE 'GRANTED TO PUGET SOUND POWER AND LIGHT COMPANY AS DISCLOSED IN INSTRUMENT NUMBER "050868.AFFECTS PARCEL B AS SHOWN HEREON. 9. THS SITE LS SUBJECT TO AN EASEMENT" •TO WASHINGTON NATURAL GAS COMPANY AS DISCLOSED IN INSTRUMENT NUMBER 9302 3.AFFECTS PARCEL B AS SHOWN HEREON. 10.I 414 THIS SITE SUBJECT TO T EASEMENT G14 - •U.S.WEST COMMUNICATIONS,EO.ors .AS THIS TE IN INSTRUMENT NUMBER AND CONDI. PARCEL A AS SHOWN HEREON. up 6 \ �, 11.THIS SITE IS SUBJECT TO THE TERMS AND CONDITIONS• A BOUNDARY UNE ADJUSTMENT RECORDED UNDER RECORDING NUMBER 20090903900001.AFFECTS PARCEL D. 12.THIS SITE IS SUBJECT TO THE TERMS AND CO 0 R RECORDING NUMBER 20150304900002.AFFECTS PARCEL D. • ru, URVEY HAS 1111:114111 If BEEN REMOVED.FIELD VERIFIED 03/09/2018, „I 3//412biPkGE JOB NO: 9 O F DATE: .,041,5$'co 16.394 03/09/2018 iiiimp ► ri 4,4 11116.F,o BEYLER CONSULTING 4 CITY OF FEDERAL WAY FILE NO. 17-104044-SU a CONTACT DONT:253-301-4157 OFFICE fax:253-336-3950 5920 100th St.SW Ste.25 beyIerconsulBng-corn Lakewood,WA 98499 . , , . 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The City'di Federal Way \ Mak eS no warranty to its accuracy. \ 0 \ RESOLUTION NO. 11-603 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, APPROVING RETREAT MEADOWS PRELIMINARY PLAT, FEDERAL WAY FILE 08- 101729-00-SU. WHEREAS, the owner, David Litowitz, applied to the City of Federal Way for preliminary plat approval to subdivide certain real property known as Retreat Meadows consisting of 14.6 acres into fifty-nine (59) single-family residential lots located at 157 SW 356th St;203 SW 356th St; 215 SW 356th St; and 225 SW 356th St; and WHEREAS, on May 13, 2009, , an Environmental Determination of Nonsignificance (DNS) was issued by the Director of Federal Way's Department of Community Development Services pursuant to the State Environmental Policy Act(SEPA),Chapter 43.21C;RCW; and WHEREAS, the Federal Way Hearing Examiner on February 16, 2011, held a public hearing concerning Retreat Meadows preliminary plat; and WHEREAS; following the conclusion of said hearing, on March 2, 2011, the Federal Way Hearing Examiner issued a written Report and Recommendation containing findings and conclusions, and recommending approval of Retreat Meadows preliminary plat subject to conditions set forth therein; and WHEREAS, the Federal Way City Council has jurisdiction and authority pursuant to Section 20-127 of the Federal Way City Code to approve, deny, or modify a preliminary plat and/or its conditions; and WHEREAS, on April 19, 2011, the City Council considered the record and the Hearing Examiner recommendation on Retreat Meadows preliminary plat, pursuant to Chapter 20 of Federal Way City Code, Chapter 58.17 RCW, and all other applicable City codes. PAGE__®OF L Resolution No. 11-603 Page 1 of 4 NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, RESOLVES AS FOLLOWS: Section 1.Adoption of Findings of Fact and Conclusions. 1. The findings of fact and conclusions of the Hearing Examiner's March 2, 2011 Report and Recommendation, attached hereto as Exhibit A and incorporated by this reference, are hereby adopted as the findings and conclusions of the Federal Way City Council. Any finding deemed to be a conclusion, and any conclusion deemed to be a finding, shall be treated as such. 2. Based on, inter alia,the analysis and conclusions in the Staff Report and Hearing Examiner's recommendation, and conditions of approval as established therein, the proposed subdivision makes appropriate provisions for the public health, safety, and general welfare, and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary waste, parks and recreation, play grounds, schools and schools grounds, and all other relevant facts as are required by City code and state law, and provides for sidewalks and other planning features to assure safe walking conditions for students who walk to and from school. 3. The public use and interest will be served by the preliminary plat approval granted herein. Section 2. Application Approval. Based upon the recommendation of the Federal Way Hearing Examiner and findings and conclusions contained therein as adopted by the City Council immediately above, Retreat Meadows preliminary plat, Federal Way File No. 08- 101729-00 SU, is hereby approved, subject to conditions as contained in the March 2, 2011, Report and Recommendation of the Federal Way Hearing Examiner(Exhibit A PAGE 2 OF y Resolution No. 11-603 Page 2 of 4 Section 3. Conditions of Approval Integral. The conditions of approval of the preliminary plat are all integral to each other with respect to the City Council finding that the public use and interest will be served by the platting or subdivision of the subject property. Should any court having jurisdiction over the subject matter declare any of the conditions invalid, then, in said event, the proposed preliminary plat approval granted in this resolution shall be deemed void, and the preliminary plat shall be remanded to the City of Federal Way Hearing Examiner to review the impacts of the invalidation of any condition or conditions and conduct such additional proceedings as are necessary to assure that the proposed plat makes appropriate provisions for the public health, safety, and general welfare and other factors as required by RCW Chapter 58.17 and applicable City ordinances, rules, and regulations, and forward such recommendation to the City Council for further action. Section 4. Severability. If any section, sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence,clause or phrase of this resolution. Section 5. Corrections. The City Clerk and the codifiers of this resolution are authorized to make necessary corrections to this resolution including, but not limited to, the correction of scrivener/clerical errors, references, resolution numbering, section/subsection numbers and any references thereto. Section 6. Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. Section 7. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. EXI4IFIT PAGE3 ® Fy Resolution No. 11-603 Page 3 of 4 RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON this 19th day of April, 2011. CITY OF FEDERAL WAY MAYOR, SK r PRIEST ATTEST: (j‘ifille CITY CLERK C/C ARC/L MC `' LY, CMC APPROVED AS TO FORM: CITY ATTORNEY,PATRICIA A.RICHARDSON FILED WITH THE CITY CLERK: 4/12/2011 PASSED BY THE CITY COUNCIL: 4/19/2011 RESOLUTION NO.: 11-603 EXHIRIT C. PAGES OF Li Resolution No. 11-603 Page 4 of 4 Il ! 1I1 i A .m n"II„4 NOIONIHSVM 5.3,1: d°'�°::;�., I W� I ,,..�°�.,� 133HS a3�°�IN'dld 3115�7da3no �� _� g ., a;711) A ! "Y'I NOISI/Ua8f1S SMOaV W if* =1131 , I` ii I f�: ISI = I®I a os.M^ wss ' S3WOH>IFJdW4Nd1 1x 1,aae15 '- i Stla3 NION3'JNI1lnSN0'J ....... 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COMMITTEE: Land Use and Transportation Committee MEETING DATE: June 4,2018 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Erik Preston,P.E., Senior Traffic Engineer DEPT:Public Works Attachments: Land Use and Transportation Committee Memorandum dated June 4,2018 Options Considered: 1. Authorize staff to proceed with the design of the LED Street Light Conversion Project and return to LUTC and Council for a project update and authorization of the PSE Master Lighting agreement. 2. Do not authorize staff to proceed with the design of this project and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the June 19, 2018 City Council consent agenda for appr val. MAYOR APPROVAL: . S� / S/,3/j/c( DIRECTOR APPROVAL: `� �I% mmi ee C ncil 6 t�0( mtiaUDate Initial/Date Initial/Date COMMITTEE RECOMMENDATION:I move to forward Option 1 to the June 19, 2018 consent agenda for approval. Mark op g, Committee it J ss Johnson,Committee Hoang ran,Committee Member Member PROPOSED COUNCIL MOTION: "I move to authorize staff to proceed with the design of the LED Street Light Conversion Project and return to LUTC and Council for a project update and authorization of the PSE Master Lighting agreement." (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED—12/2017 RESOLUTION# CITY OF FEDERAL WAY MEMORANDUM DATE: June 4,2018 TO: Land Use and Transportation Committee VIA: Jim Ferrell,Mayor A FROM: Marwan Salloum,P.E.,Public Works Director '✓lam ( Erik Preston,P.E., Senior Traffic Engineer c> SUBJECT: LED Street Light Conversion Project—30%Design Status Report BACKGROUND: This project will replace all existing streetlights throughout the City from the current High-Pressure Sodium (HPS) technology to the more efficient Light-Emitting Diode (LED) technology. LED streetlights use far less energy than HPS streetlights to produce the same lighting levels and also provide a higher quality light that improves color recognition. This conversion should produce significant energy savings while also improving public safety. The City will also acquire a control system for the City-owned and -maintained lights to improve maintenance operations by managing streetlight assets and implement dimming strategies. Such a system will allow City staff to respond immediately to streetlight outages and knockdowns without having to wait for a member of the public to notify staff of the outage. In early 2017 City staff applied for, and was awarded, a Department of Commerce energy efficiency grant for $350,000. Project Scope and Costs The project will be done in two phases. The City-owned lights will be completed through Energy Savings Contracting (ESCO) which was awarded to Ameresco in 2017. The PSE owned and maintained lights will be completed through separate agreement with PSE.The estimate of replacement costs are as follows: Estimated Estimated TOTAL Replacement Qty. Cost* City Owned &Maintained Cobra heads(incl.controls) 1,820 $2,080,000 City Owned & Maintained Decorative(incl.controls) 400 $480,000 PSE Owned & Maintained (Schedule 53) 630 $250,000 PSE Owned& Maintained (Schedule 53)-from Lakehaven 1,700 $550,000 $3,360,000 *Includes design and construction engineering. The following provides a brief synopsis of the progress on this project to date. Currently,the project is approximately 30%complete,which includes the following completed tasks: • Completed GIS inventory of all City-owned streetlights • Completed the Concept of Operations document for streetlight control systems • Panel Interviews of-&Presentations from streetlight control manufacturers • Selected streetlight control system(ConnectWorks by CIMCON) • Begin streetlight fixture selection process • Reviewed PSE draft Master Lighting Agreement for PSE owned lights Land Use and Transportation Committee Citywide LED Streetlight Conversion—30%Design Status Report June 4,2018 Page 2 of 2 Ongoing tasks include: • Short-listing cobra head and decorative streetlight fixture manufacturer(s) • High-level"design"of streetlighting by spacing and street type • Choose color temperature Future Tasks include: • Bid and select streetlight manufacturers • Purchase,and install control system • Finalize Master Lighting Agreement with PSE • Construction/Conversion of cobra head and decorative streetlights PROJECT SCHEDULE 30% Status Report June 2018 Streetlight Manufacturer Bidding June 2018 Select Streetlight Manufacturer July 2018 Execute PSE Agreement July 2018 Purchase Control System July 2018 Install Control System September 2018 Begin Construction/Conversion to LED September 2018 Finish Construction/Conversion to LED(City-owned) November 2018 Finish Construction/Conversion to LED(PSE-owned) Spring 2019 PROJECT ESTIMATED EXPENDITURES: Design&Construction $3,360,000 Contingency $140,000 TOTAL PROJECT COSTS $3,500,000 AVAILABLE FUNDING: City Interfund Loan $3,150,000 Energy Efficiency Grant(State DOC) $350,000 TOTAL AVAILABLE BUDGET $3,500,000 K:\LUTC\2018\6-June 2018\06-04-2018—Citywide LED Streetlight Conversion-30%Design Status Report.doc 5d COUNCIL MEETING DATE: June 19,2018 ITEM#: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT:PUGET SOUND GATEWAY PROGRAM(SR 167 AND SR 509 COMPLETION PROJECT)LOCAL FUNDING AND PHASING—MEMORANDUM OF UNDERSTANDING POLICY QUESTION: Should Council authorize the Mayor to enter into a Memorandum of Understanding with Washington State Department of Transportation regarding local funding and phasing for the Puget Sound Gateway Program(SR 167 and SR 509 Completion Projects)? COMMITTEE:Land Use And Transportation Committee MEETING DATE: June 4,2018 CATEGORY: • Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution [I] Other STAFF REPORT BY: esiree Winkler,Deputy Director/ Street Systems DEPT: Public Works Manager Attachments: Staff Report Puget Sound Gateway Program (SR 167 and SR 509 Completion Projects) Local Funding and Phasing Memorandum of Understanding Options Considered: 1. Authorize the Mayor to enter into a Memorandum of Understanding with Washington State Department of Transportation regarding local funding and phasing for the Puget Sound Gateway Program (SR 167 and SR 509 Completion Projects). 2. Do not authorize the Mayor to enter into a Memorandum of Understanding with Washington State Department of Transportation regarding local funding and phasing for the Puget Sound Gateway Program (SR 167 and SR 509 Completion Projects)and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: „31 l DIRECTOR APPROVAL: Co 'nee Cou ilJaVDe$/t4! Initial/Date InitiaUDate COMMITTEE RECOMMENDATION: I move to forward the proposed Memorandum of Understanding to the June 19, 2018 consent agenda for approval. • Co ttee Chair )— (t 14emmittee Member Committ e Member PROPOSED COUNCIL MOTION: "I move approval of the proposed Puget Sound Gateway Local Funding and Phasing Memorandum of Understanding (MOU) with Washington State Department of Transportation, and authorize the Mayor to sign said MOU." (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED—12/2017 RESOLUTION# CITY OF FEDERAL WAY MEMORANDUM DATE: June 4,2018 TO: Land Use&Transportation Committee VIA: Jim Ferrell,Mayor FROM• arwan Salloum,P.E.,Public Works Director OtOesiree Winkler,P.E.,Deputy Public Works Director/Street Systems Manager Puget Sound Gateway Program(SR 167 and SR 509 Completion Project)Local Funding SUBJECT: and Phasing—Memorandum of Understanding BACKGROUND: In July of 2015,the Washington State Legislature and Governor Inslee acted to fund the Gateway Program through the Connecting Washington Revenue Package. The Gateway Program is comprised of two projects:the State Route 167 Completion Project and the State Route 509 Completion Project.These projects provide essential connections to the Ports of Tacoma and Seattle and will help ensure that people and goods move more reliably through the Puget Sound region. Asart of the total fundingP package e of 1.875 billion,a local agency enc contribution of$130 Million is P required.The Gateway Program team over the past several months evaluated direct and indirect benefits to each of the local agency project stakeholders as well as developed a list of defined local projects that provide the most local benefit.The total$130 Million local funding will be proportionately shared between the benefiting local agencies including leveraging funds to obtain grants. It was determined that although Federal Way benefits regionally from the Gateway Program,Federal Way receives no measurable direct benefits from the project.Federal Way will not be required to make a financial contribution to this project. By executing the proposed Memorandum of Understanding,the City of Federal Way is committing to supporting the completion of this project and the other local agency partners in their grant application efforts. cc: Project File Puget Sound Gateway Program SR 167 and SR 509 Completion Projects Local Funding and Phasing Memorandum of Understanding 1. Participating Parties In addition to the Washington State Department of Transportation (WSDOT),the following Local Agency Partners constitute those parties currently participating in this Memorandum of Understanding pertaining to the local contribution requirement for the Puget Sound Gateway Program (Gateway Program): • Port of Seattle • City of Des Moines • City of Pacific • Port of Tacoma • City of Edgewood • City of Puyallup • King County • City of Federal Way • City of SeaTac • Pierce County • City of Fife • City of Sumner • City of Algona • City of Kent • City of Tacoma • City of Auburn • City of Milton 2. Background and Purpose of MOU In July 2015,the Washington State Legislature and Governor Inslee acted to fund the Gateway Program through the Connecting Washington revenue package.The Gateway Program is comprised of two projects:the State Route 167 Completion Project and the State Route 509 Completion Project.These projects provide essential connections to the ports of Tacoma and Seattle and will help ensure that people and goods move more reliably through the Puget Sound region. WSDOT is the lead project sponsor and is responsible for the planning, design and construction of the Gateway Program,as well as for its overall financial management. The program has been guided from its beginning by a Joint SR 167/SR 509 Executive Committee(Executive Committee), comprised of elected and appointed representatives of local jurisdictions served by the Gateway Program (Algona,Auburn, Burien, Des Moines, Edgewood, Federal Way, Fife, Kent, Milton, Pacific, Puyallup,SeaTac,Sumner,Tacoma, King County, Pierce County, Port of Seattle,and Port of Tacoma)as well as Federal Highway Administration,Washington State Transportation Commission, Washington State Department of Transportation, Puget Sound Regional Council, Sound Transit, Pierce Transit, and the Freight Mobility Strategic Investment Board. Funding for the Gateway Program has been approved to come from the state gas tax,tolls, local contributions,and potential federal and state grants.Total funding for the Gateway Program, from the 2015 Connecting Washington transportation funding package, is$1.875 billion, which includes local contributions of$130 million.The program has been funded over a 16-year RATIFICATION FINAL Funding and Phasing MOU 5/21/2018 timeline. Based on the legislative funding plan, major construction for a first stage would occur from 2019 through 2025, and a second stage from 2026 through 2030. Local contributions will be needed to construct both stage one and stage two projects. In the 2017 Legislative session new language was enacted (Engrossed Senate Bill 5096§ 306(20)(b)) requiring development of a Memorandum of Understanding(MOU) between the Local Agency Partners and WSDOT. The legislature directed that: The secretary of transportation must develop a memorandum of understanding with local project stakeholders that identifies a schedule for stakeholders to provide local matching funds for the Puget Sound Gateway project. Criteria for eligibility of local match includes matching funds and equivalent in-kind contributions including, but not limited to, land donations. The memorandum of understanding must be finalized by July 1, 2018. The department must submit a copy of the memorandum of understanding to the transportation committees of the legislature and report regularly on the status. To this end,the Executive Committee of the Gateway Program convened a Funding and Phasing Subcommittee (Subcommittee)to develop a MOU that summarizes their planned future commitments and planned timing of those commitments to contribute to the SR 167 and SR 509 projects. The Subcommittee goals include: • Support efforts to build the Gateway projects on or ahead of schedule • Create successful local partnerships • Obtain sufficient local funding to build the Puget Sound Gateway projects • Time grant-funding projects to support the project delivery schedule The construct of local funding participation,when authorized by the legislative bodies of the relevant agencies through a series of forthcoming interlocal agreements, is based on the following projections: SR 167 SR 509 TOTAL Port contributions $30 million $30 million $60 million Federal INFRA grant $10 million $10 million $20 million Local agency partner $10 million $10 million $20 million match _ Other Grants(PSRC, $20 million $10 million $30 million FMSIB,TIB) Total $70 million $60 million $130 million 3. Local Funding Strategy A key element of the local funding strategy is to identify projects within the Gateway Program that provide clear and measurable benefits to local jurisdictions. In the Gateway Program,these are called "Local Nexus Projects," designed to: RATIFICATION FINAL Funding and Phasing MOU 5/21/2018 • Create a positive business case for Local Agency Partners by focusing on the parts of the ro ram that are most relevant and important to local jurisdictions p J g p • Leverage the potential to access significant grant funding to support local funding assumptions In support of the local funding strategy, Local Agency Partners shall: • Participate,co-fund match,and submit grant applications with support from Subcommittee staff,as identified in Section 6 of this MOU • Combine local monetary and in-kind contributions and project funds to ensure fully- funded applications, as identified in Section 6 of this MOU • Support the grant effort and avoid competition with the local projects in the year of application The following Local Nexus Projects have been identified within the north (SR 509)and south (SR 167)segments of the Gateway Program: Gateway North(SR 509) Gateway South (SR 167) 188th South Ramps Meridian West Ramps SeaTac Access,with Ramps to 28th/24th 54th Avenue East Ramps Avenue South Veterans Drive Extension Interurban Trail Lake to Sound Trail Valley Avenue West Ramps Port of Tacoma Access/SR 509 Spur 70th Avenue E Bridge Relocation If Local Nexus, INFRA, and any other pending grant projects become fully funded,these projects will contribute substantially toward the Legislative requirement for local match. Funding commitments will be achieved via an interlocal agreement from each signing party up to the amounts presented in this MOU. Local Agency Partner signatories to this MOU understand that once the local contribution requirements set forth in ESB 5096($130 million) is achieved,that Local Agency Partners will not be required to commit to additional funds beyond what is outlined in this MOU. If additional grant funding or additional funds from other sources are obtained that fulfill the$130 million local contribution requirement,the Secretary of Transportation and the Executive Committee will review and determine to either reduce local agency partner match payments, or recommend expanding scope of the Gateway Program,and amend each signing part 's interlocal agreement accordingly. 4. Local Participation Policy The Joint Executive Committee has agreed to a funding and phasing policy that structures local agency partner match requirements to be commensurate with the benefits accrued from the project at a local level. This policy states that: RATIFICATION FINAL Funding and Phasing MOU 5/21/2018 All local agency partners accrue some benefit from the Puget Sound Gateway Program. Partners receiving fewer benefits, however, are not expected to contribute as much as partners who receive more benefits. Direct benefits are those that most quantifiable, but there are other components of value that include indirect,strategic and policy/social benefits. Both direct and indirect benefits will be assessed as part of the consideration of local contributions, because they are more easily quantifiable than strategic and policy/social benefits. All Local Agency Partner signatories of this MOU expect to seek approval of interlocal agreements to contribute a match to be applied to Local Nexus Projects at a level that reflects their respective anticipated level of benefit,as identified in Section 6 of this MOU. 5. Benefit Assessment Methodology The proposed financial participation by each partner is based on a general, qualitative assessment of the net benefits expected to be received by full completion of the Gateway Program.The assessment includes the following metrics, based on available project data and transportation modeling outputs: • Direct transportation linkages.The location of direct access points for new limited access highways or other transportation infrastructure that benefits the community. • Effects on local sales taxes.The impacts of the projects to sales tax receipts, both in terms of one-time construction sales taxes for the project, and ongoing sales taxes from impacts to commercial uses. • Travel time savings.Overall travel time savings for local car and truck traffic associated with the projects. • Traffic diversion from local streets.The diversion of, or increase in,traffic on local arterials due to the project,with associated positive impacts to traffic safety and local road maintenance. • Effects on local employment.The potential effects of improved accessibility are reviewed, particularly in the context of access to new or potential employment uses. • Effects on developable residential lands.The potential impacts of changes in traffic flow and accessibility on residential land development,with a focus on areas within the jurisdiction that are available for redevelopment. • Effects on developable employment lands.The potential impacts of changes in traffic flow and accessibility on the development or redevelopment of commercial and industrial lands. • Achievement of local policy goals.The alignment of the WSDOT Gateway Program with local plans and policies. • Environmental and social benefits. Environmental and social benefits specifically linked to these projects, including upgrades to pedestrian and cycling infrastructure,and wetlands and riparian restoration. The approach and findings of the benefits assessments have been provided to the Local Agency Partners. RATIFICATION FINAL Funding and Phasing MOU 5/21/2018 6. Local Jurisdiction Anticipated Contributions to the Program Based on results from the benefit assessment described in Section 5, contributions for each of the Local Agency Partners were determined by project stage in the tables below. Following execution of this MOU, interlocal agreements will be drafted for subsequent approval. Anticipated contributions only become binding commitments when embedded in interlocal agreements,and the conditions therein are approved by the proposed funding entity. Interlocal agreements between WSDOT and the respective Local Agency Partner must be in place for a project prior to issuance of the Request for Proposals(RFP)for any proposed construction contract.The Interlocal agreements will become binding commitments,within the statutory authority of the Local Agency Partner,and will define the schedule of local match payments expected over the duration of each construction project stage. WSDOT will exercise due diligence to develop and construct each project on schedule within the Gateway Program to the best of its abilities. Local Agency Partners will participate in project development reviews and project meetings in support of the Gateway Program. If grant pursuits identified in the Stage 1 and Stage 2 tables below are not achieved sufficient to meet the$130 million local contribution,additional grants will be pursued from the funding programs listed or from other funding programs that may become available over the life of the Gateway Program. If Local Nexus Projects go to construction without planned grants,the Local Agency Partner match funds will still be provided by agreement with WSDOT. If it is determined that a Local Nexus Project cannot be fully funded,WSDOT will review options with the Executive Committee. If an official decision is determined by the Executive Committee and the Secretary of Transportation that the Local Nexus Project is not to be included in a construction project,the Local Agency Partner match may be withdrawn. Stage 1 Grant Pursuits for Local Nexus Projects Project Estimated Funding Grant Target Target Due Anticipated Local Agency Partner Nexus Construction Program Amount Mo/Year Construction Partner Cost Expenditure Match 70th Avenue $32,245,600 FMSIB $5,000,000 Mar 2018 2019-2021 $800,000 Fife E/Interurban $500,000 Tacoma Trail $3,000,000 Port of Tacoma TIB $5,000,000 Aug 2018 2019-2021 State $1,400,000 Mar 2018 2019-2021 Fife Capital& Transpor tation Veterans $33,800,000 PSRC $4,500,000 Apr 2018 2021-2025 $1,000,000 Kent Drive/SR516 Interchange TIB $5,000,000 Aug 2020 2021-2025 $1,000,000 Kent SeaTac Access $176,883,500 PSRC $4,500,000 Apr 2018 2021-2025 $2,000,000 SeaTac(ROW in lieu) $500,000 Des Moines RATIFICATION FINAL Funding and Phasing MOU 5/21/2018 Port of Tacoma $323,042,000 PSRC $4,500,000 Apr 2018 2021-2025 $1,500,000 Tacoma Access/509 $3,000,000 Port of Tacoma Spur $800,000 Fife FMSIB $5,000,000 _ Mar 2020 2021-2025 All Gateway INFRA $20,000,000* Nov 2017 2019-2021 Program _ SR 167 Stage 1 Port of Jan 2021 2021-2025 $9,000,000 Port of Tacoma Tacoma SR 509 Stage 1 Port of Jan 2021 2021-2025 $15,000,000 Port of Seattle Seattle (expected in 2023-2025) Total Stage 1 $54,900,000 $38,100,000 $93,000,000 Stage 2 Future Grant Pursuits for Local Nexus Projects Project Estimated Funding Grant Target Target Due Anticipated Local Agency Partner Nexus Construction Program Amount Mo/Year Construction Partner Cost _ Expenditure Match Meridian TBD $3,000,000 2022 2026-2030 $2,000,000 Puyallup Avenue Interchange Valley Avenue TBD $3,000,000 2022 2026-2030 $2,000,000 Pierce County Interchange 188`h Street TBD TBD 2023 2026-2030 TBD Interchange improvements SR 167 Stage 2 TBD $4,000,000 2022 2026-2030 $500,000 Edgewood (ROW in lieu) $500,000 Sumner Port of Jan 2026 2026-2030 $15,000,000 Port of Tacoma Tacoma SR 509 Stage 2 TBD $4,000,000 2024 2026-2030 Port of Jan 2026 2026-2030 $15,000,000 Port of Seattle Seattle Total Stage 2 $14,000,000 - $35,000,000 $49,000,000 Total Stages 1&2 $68,900,000 $73,100,000 $142,000,000 * — If no INFRA, apply for FHWA BUILD grant for Port of Tacoma Access (SR 509 Spur) TBD—grant funding program pursuit to be determined in future 7. Terms and Termination 7.1. Amendments This MOU shall be periodically reviewed and evaluated regarding the need for modifications or amendments by mutual determination of WSDOT and Local Agency Partners. Amendments to the MOU shall be required if program funding assumptions need to be adjusted that affect the ability to construct the identified Local Nexus Projects or the ability to achieve the$130 million local contribution. Such amendments shall only be binding if they are in writing and signed by authorized personnel from all of the Local Agency Partners. Except as set forth in an amendment,the MOU will be unaffected and shall continue in full force and effect in accordance with its terms. If there is conflict RATIFICATION FINAL Funding and Phasing MOU 5/21/2018 between an amendment and the MOU or any earlier amendment,the terms of the most recent amendment will prevail. If there is a conflict between subsequent Interlocal Agreements and the MOU or any earlier amendments,the terms of the Interlocal Agreements will prevail. Changes that do not affect the ability to construct the identified Local Nexus Project or achieve the $130 million local contribution shall be addressed through the Interlocal Agreement between WSDOT and the relevant Local Agency Partner. 7.2. Dispute Resolution Should any signatory to this MOU object at any time to any actions proposed or the manner in which the terms of this MOU are implemented,the Executive Committee shall hear the dispute first and if the disputant(s) is/are not satisfied with the Committee's proposed decision,the Committee will send to the Secretary of Transportation its proposed solution and all documentation relevant to the dispute.The Secretary of Transportation shall provide the Executive Committee with his/her advice on how to resolve the dispute within thirty(30) calendar days of receiving adequate documentation. Prior to reaching a final decision on the dispute,the Executive Committee shall prepare a written response that considers any timely advice or comments regarding the dispute from the Secretary of Transportation,signatories and other interested parties, and provide them with a copy of this written response.WSDOT will then proceed according to this final decision. 7.3 Conditions for Termination of Participation Subject to legislative appropriation and all applicable laws,each signatory shall ensure that the Gateway Program is carried out in accordance with the terms of the MOU and subsequent Interlocal Agreements.A signatory may terminate its participation in this MOU if its terms cannot be met and by providing written notice to the Secretary of Transportation and the Executive Committee a minimum of 180 calendar days before a project issues an RFP that relies on that local agency partner funding. Prior to providing written notice terminating participation, however,the signatories shall consult with WSDOT to determine whether an amendment to the MOU might be feasible. If a signatory terminates its participation,WSDOT will then consult with the Executive Committee to determine if project scope elements need to be removed if contributions are not realized in accordance with this understanding. 8. Period of Agreement. This MOU will commence on (July 1, 2018 proposed date) and will dissolve when the$130 million of local contribution have been secured, or when the Local Nexus Projects have been constructed and are complete. RATIFICATION FINAL Funding and Phasing MOU 5/21/2018 9. Signatories Stephen P. Metruck Date Executive Director Port of Seattle John Wolfe Date Chief Executive Officer Port of Tacoma Dow Constantine Date County Executive King County Bruce Dammeier Date County Executive Pierce County David E. Hill Date Mayor City of Algona Nancy Backus Date Mayor City of Auburn Michael Matthias Date City Manager City of Des Moines RATIFICATION FINAL Funding and Phasing MOU 5/21/2018 Daryl Eidinger Date Mayor City of Edgewood Jim Ferrell Date Mayor City of Federal Way Pat Hulcey Date Councilmember City of Fife Dana Ralph Date Mayor City of Kent Shanna Styron-Sherrell Date Mayor City of Milton Leanne Guier Date Mayor City of Pacific Kevin Yamamoto Date City Manager City of Puyallup Joseph Scorcio Date City Manager City of SeaTac RATIFICATION FINAL Funding and Phasing MOU 5/21/2018 William L. Pugh Date Mayor City of Sumner Elizabeth A. Pauli Date City Manager City of Tacoma Roger Millar Date Secretary of Transportation Washington State Department of Transportation RATIFICATION FINAL Funding and Phasing MOU 5/21/2018 5e COUNCIL MEETING DATE: June 19,2018 ITEM#: . ...................................................................................................................................................................................................................................................................................... ..................................................................................................................................................................................................................................................... CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT:PACIFIC HIGHWAY SOUTH HOV PHASE 5—ADDITIONAL FUNDING FOR CONSTRUCTION ADMINISTRATION POLICY QUESTION: Should Council approve transferring$1.8 Million from Capital Improvement Project 168— SW 336th Way/SW 340th St: 26th P1 SW—Hoyt Road to Capital Improvement Project 165 Pacific Highway South HOV Phase 5 for additional construction administration funding? COMMITTEE:Land Use And Transportation Committee MEETING DATE: June 4,2018 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council B sI�iness ❑ Resolution ❑ Other STAFF REPORT BY:Desiree Winkler,Deputy Director/Street Systems DEPT: Public Works Manager Attachments: Staff Report Options Considered: 1. Authorize the Mayor to transfer $1.8 Million from Capital Improvement Project 168 — SW 336th Way/SW 340th St: 26th P1 SW—Hoyt Road to Capital Improvement Project 165 Pacific Highway South HOV Phase 5 for additional construction administration funding. 2. Do not authorize the Mayor to transfer $1.8 Million from Capital Improvement Project 168 — SW 336th Way/SW 340th St: 26th P1 SW — Hoyt Road to Capital Improvement Project 165 Pacific Highway South HOV Phase 5 for additional construction administration funding and provide direction to staff. MAYOR'S RECOMMEND ON: Option 1. MAYOR APPROVAL: 5— ,31/`� S i IRECTOR APPROVAL: �I s-j/$ • Co 'nee Counci nitial/Date Initial/Date Initial/Date COMMITTEE RECOMMENDATION: I move to forward Option 1 to the June 19, 2018 consent agenda for approval. C ittee Chair Committee Member Commit-tee Member PROPOSED COUNCIL MOTION: "I move approval of transferring $1.8 Million from Capital Improvement Project 168 — SW 336th Way/SW 340th St: 26th P1 SW— Hoyt Road to Capital Improvement Project 165 Pacific Highway South HOV Phase 5 for additional construction administration funding." (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED—12/2017 RESOLUTION# CITY OF FEDERAL WAY MEMORANDUM DATE: June 4,2018 TO: Land Use&Transportation Committee VIA: Jim Ferrell,Mayor FROM• 1klarwan Salloum,P.E.,Public Works Director esiree Winkler,P.E.,Deputy Public Works Director/Street Systems Manager SUBJECT: Pacific Hwy South HOV Phase 5—Additional Funding for Construction Administration BACKGROUND: In August 2016, council authorized award of the Pacific Hwy South HOV Phase 5 to Graham Contracting LTD in the amount of$16,700,526 and approved a 10%construction contingency of$1,670,052.The construction contingency is utilized for unanticipated construction'cost overruns(e.g. quantities of rock base being more than estimated). The construction of this project has gone longer than anticipated with the original approved 350 working days being expended in January 2018.In addition,Graham Contracting has filed a claim against the City which has resulted in higher than normal construction administration costs. Based on current and projected progress, it is anticipated that this project will be completed in September 2018 which is over nine(9)months longer than the original construction completion. This extension of time,along with additional administrative efforts associated with the claim will require additional funding to cover construction administration(including project management,inspectors,etc.).The additional administrative costs are estimated to be approximately$1.8 Million. Staff proposes to fund these expenses by transferring$1.8 Million from Capital Improvement Project 168 —SW 336th Way/Sw340th St: 26th 131 SW—Hoyt Road.The$1.8 Million dedicated to the 340th/Hoyt Road project was the matching funds in anticipation of receiving a grant for this project.The grant application in August 2017 was not successful and follow on conversations with the grant funding agency recommends that the 340th/Hoyt Road project is not viable under this funding program at this time. Therefore, staff recommends moving the$1.8 Million from Capital Improvement Project 168 SW 336th Way/Sw340th St: 26th P1 SW—Hoyt Road to the Capital Improvement Project 165 Pacific Hwy South HOV Phase 5 project where there is a greater and immediate need. cc: Project File 5f COUNCIL MEETING DATE: June 19,2018 ITEM#: ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................ .............................................................. .. CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT:PANTHER LAKE TRAIL PERVIOUS CONCRETE CONSTRUCTION CONTRACT POLICY QUESTION: Should the City Council award the contract for construction of a pervious concrete parking lot for the Panther Lake Trail to Four Seasons Concrete Construction and authorize the Mayor to execute the contract? COMMITTEE: Parks,Recreation,Human Services&Public Safety MEETING DATE: June 12,2018 CATEGORY: • Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Steve Ikerd Parks Deputy Director DEPT: Parks Attachments:Panther Lake Trail project memo and associated drawing. Options: • Option 1. Accept the lowest responsible bid and award the contract to Four Seasons Concrete Construction, LLC in the amount of$135,300.00, which includes tax, for the construction of a pervious concrete parking lot for the Panther Lake Trail. Option 2. Do not award the contract and provide staff with direction. ................................................................................................................. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: /'.5 3/ ir S SDIRECTOR APPROVAL: S`3a I1 8 Co nittee C u it l� Inuial/Date Initial/Date Initial/Date COMMITTE REC MMENDATION:I move to forward option 1 to the June 19, 2018 consent agenda for approval. 111/ ' I mmittee Chair Committee ember Com ee Member PROPOSED COUNCIL MOTION: "I move to award the contract in the amount of$135,300.00 to Four Seasons Concrete Construction, LLC for the pervious concrete construction for the Panther Lake Trail and authorize the Mayor to execute the contract." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIED 1ST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED—11/2016 RESOLUTION# 41 , CITY OF 1/4..... Federal Way Parks Department Date: May 24, 2018 To: PRHSPS Council Committee Via: Mayor Jim Ferrell John Hutton, Parks Director 9-44 From: Stephen Ikerd, Deputy Parks Director Subject: Panther Lake Trail pervious concrete construction contract. Background: The Parks Department received authorization from City Council to bid the Panther Lake Trail project in 2017. The specialized pervious concrete bid is part of the overall project. The City sent bid invitations to all Municipal Research and Services Center (MRSC) vendors listed for concrete pavement. 2 companies responded with the following bids: 1. Four Seasons Concrete Construction, LLC—with tax $135,300.00 2. Global Contractors—with tax $165,000.00 Available Budget: Capital Improvement Projects (CIP) Paths & Trails current balance - $1,082,602 — (includes King County Trail Levy) these funds can only be used on city trail projects. Trail project summary: Contech Engineering Solutions, LLC - $35,318.00—footbridge Native Green Landscapes $644,665.00—Trail construction Pervious concrete parking lot $135,300.00— bid results Balance of misc. project work $210,000.00— Utilities, fixtures, landscape, signs, $1,025,283.00 special inspection, & contingency. Recommendation: City Council to award the contract to Four Seasons Concrete Construction, LLC in the amount of$135,300.00 including tax and authorize the Mayor to execute the contract. Aolk SOCIAL TRAIL SECTION L.•P TRAIL INTERSECT- NT WITH SPA TRAIL 11 // EXISTING EARTH DAN •-ROX.EQUIP.ACCESS POINT ONTO THE SPA TRAIL NEW TRAIL OT �IDGE ® • ♦ 4 NEW 48 STALL `�_ PARKING LOT 6a COUNCIL MEETING DATE:June 19,2018 ITEM#: ............................................................................................................................................................................................................................................................................................................................................................................................................................................................ CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT:ADOPTION OF 2019-24 TRANSPORTATION IMPROVEMENT PLAN RESOLUTION POLICY QUESTION: Should the Council approve the proposed 2019-24 Transportation Improvement Plan Resolution? COMMITTEE: Land Use/Transportation MEETING DATE: June 4,2018 CATEGORY: ❑ Consent ❑ Ordinance ® Public Hearing ❑ City Council Business ® Resolution ❑ Other STAFF REPORT BY: Rick Perez,P.E.,City Traffic Engineer DEPT: Public Works�i..........._............................._......._............._......................._..._._........._._.................._......._._.._._................................................................. Attachments: Land Use/Transportation Committee memorandum dated June 4,2018. Proposed Resolution Options Considered: 1. Approve the proposed Resolution. 2. Do not approve the proposed Resolution. MAYOR'S RECOMMENDATION: Option 1 MAYOR APPROVAL: S �I//e 5 IRECTOR APPROVAL: 5 �118 Co m'tte �e Counc Im ial/Date Initial/Date Initial/Date COMMITTEE RECOMMENDATION:I move to forward the proposed Resolution to the June 19, 2018 City Council meeting for approval. - Ilii � Mark Kop; g,Committee air *Ise ohnson, Committee oang . , Committee Member Member PROPOSED COUNCIL MOTION: "I move approval of the proposed Resolution." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED—12/2017 RESOLUTION# CITY OF FEDERAL WAY MEMORANDUM DATE: June 4,2018 TO: Land Use/Transportation Committee VIA: Jim Ferrell,Mayor FROM: Marwan Salloum,P.E.,Director of Public Works Rick Perez,P.E., City Traffic Engineer !j SUBJECT: 2019-24 Transportation Improvement Pla BACKGROUND: In accordance with the requirements of Chapters 35.77 and 47.26 of the Revised Code of Washington,the City of Federal Way adopted its original Transportation Improvement Plan ("TIP") and Arterial Street Improvement Plan("ASIP") on July 23, 1991. The City is also required to adopt a revised TIP and ASIP on an annual basis reflecting the City's current and future street and arterial needs. These plans identify capital projects that the City intends to construct over the next six years. In order to be eligible for grant funding,projects are required to be listed in the City's TIP. The City is required to hold a minimum of one public hearing on the draft plan,which is proposed for the June 19, 2018 Council meeting. Once the revised plans have been adopted by Resolution, a copy of the respective plans must be filed with the Washington State Secretary of Transportation and the Washington State Transportation Improvement Board. Attached for your review and comment is the Resolution for adoption of the 2019-24 TIP and its exhibits. The six-year TIP and ASIP respond to the Growth Management Act concurrency requirements as well as other emerging needs. Projects are selected based on criteria adopted in the City's Comprehensive Plan policy TP2.3,which reads,"Prioritize transportation projects considering concurrency, safety,multimodal enhancements, environmental impacts, and cost effectiveness." Each project was ranked using the scoring criteria established for TIP/Capital Improvement Plan ("CIP") prioritization. Staff also reviewed and analyzed available grant-eligible programs suitable for project programming. Completed Projects • SR 509: l l h Place S—16`h Avenue S Proposed New Projects • Adaptive Traffic Signal Control System Phase III • SR 509 @ 47th Avenue SW • Horizontal Curve Improvements • SW 320th Street: 3`h Place SW—11th Avenue SW • SW 356th Street:4`h Place SW—15th Avenue SW • SR 509: 9th Place S—11th Place S Attachments: Resolution with Exhibits cc: Project File RESOLUTION NO. A RESOLUTION of the City of Federal Way,Washington,adopting an extended and revised Transportation Improvement Program and Arterial Street Improvement Plan for 2019-24,and directing the same to be filed with the Washington State Secretary of Transportation and the Transportation Improvement Board. (Amending Resolution Nos.91-67, 92-117, 93-155, 94-186, 95-210, 96-236, 97-258, 98-273, 99-299, 00-316, 01-343, 02-365, 03-391, 04-433, 05-451,06-481,07-503, 08-732, 09-550, 10-558, 11-609, 12-622, 13-640, 14-666, 15-692, 16-706, 17-721, and 18- 733). WHEREAS, pursuant to the requirements of Chapters 35.77 and 47.26 RCW, the Federal Way City Council adopted an original Transportation Improvement Program("TIP")on July 23,1991 (Resolution No. 91-67); and WHEREAS,the Federal Way City Council updated a TIP annually thereafter; and WHEREAS, the Federal Way City Council held a public hearing on the TIP on June 19, 2018, in compliance with the requirements of State laws; and P WHEREAS, the CityCouncil has determined current and future Citystreet and arterial needs,and based upon these findings has prepared a revised and extended TIP and an Arterial Street Improvement Plan("ASIP") for the ensuing six calendar years; and WHEREAS, pursuant to Chapters 35.77 and 47.26 RCW, the City Council is required annually to revise and adopt an extended TIP and ASIP; and WHEREAS,the City's SEPA Responsible Official has adopted the Determination of Non- Significance("DNS"),Federal Way File 18-102111-00-SE,issued for the City's 2019-24 TIP and ASIP,which includes the extended and revised projects contained in the TIP adopted herein; and Resolution No. 18- Page 1 of 3 WHEREAS, adoption of the City's 2019-24 TIP and ASIP DNS reflects the fact that there will be no significant adverse environmental impacts as a result of adoption or implementation of the g P p p extended and revised TIP and ASIP adopted herein. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, RESOLVES AS FOLLOWS: Section 1. Program Adopted. The extended and revised Transportation Improvement Program and Arterial Street Improvement Plan for the City of Federal Way, a copy of which is attached hereto as Exhibit A and Exhibit B and incorporated herein by this reference, which sets forth the City's transportation project locations, types of improvements, and the estimated costs thereof,is hereby approved and adopted for the ensuing six(6)calendar years(2019-24 inclusive). Section 2. Filing of Program. Pursuant to Chapter 35.77 RCW, the City Clerk is hereby authorized and directed to file a copy of this Resolution,together with Exhibit A and Exhibit B,with the Washington State Secretary of Transportation and the Washington State Transportation Improvement Board. Section 3. Severability.If any section,sentence,clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this resolution. Section 4. Corrections. The City Clerk and the codifiers of this resolution are authorized to make necessary corrections to this resolution including, but not limited to, the correction of Resolution No. 18- Page 2 of 3 scrivener/clerical errors, references, resolution numbering, section/subsection numbers and any references thereto. Section 5.Ratification.Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. Section 6.Effective Date.This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON this day of , 20_. CITY OF FEDERAL WAY: JIM FERRELL, MAYOR ATTEST: STEPHANIE COURTNEY, CMC, CITY CLERK APPROVED AS TO FORM: J. RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO.: Resolution No. 18- Page 3 of 3 DRAFT EXHIBIT A Map ID**Location Description Previous Years 2018 2019 2020 2021 2022 2023 2024 Total 1a City Center Access Phase 1 - Environmental Update environmental documentation for modified access at S 320th St & S 324th St 500 1,500 500 2,500 1b City Center Access Phase 2 - S 320th St @ I-5 Bridge Add HOV lanes on S 320th St, realign ramps in SE quadrant 5,612 2,123 62,187 62,187 132,109 2 S 352nd St: SR 99 - SR 161 Extend 3 lane principal collector and signal at SR-99 4,272 15 4,287 3 SW 320th St @ 47th Ave SW Install traffic signal 569 569 4 S 312th St @ 28th Ave S Add SB right-turn lane or construct roundabout 771 771 5 SW 340th St: 37th Ave SW - City Limits Widen to 5 lanes 150 60 2,700 2,910 6 S 356th St: SR 99 - SR 161 Widen to 5 lanes, bike lanes, sidewalks, illumination 5,676 100 5,776 7 S 320th St & 1st Ave South Add EBL, WBL, WBR, NBT, SBR; widen to 5 lanes N to 316 or Alternatlive Measure 569 9,891 10,460 8 SR 99 HOV Lanes Phase 5: S 340th St - S 356th St Add HOV lanes, install raised median; turn lanes at 348th 14,791 12,583 2,000 29,374 9 16th Ave S: S 344th St - S 348th St Add SB auxiliary lane 400 1,600 4,105 6,105 10 Military Rd S @ S 298th St Construct compact roundabout 130 703 833 11 Citywide Implement Adaptive Traffic Control System Phases I & II 200 900 900 2,000 12 Citywide Install variable lane use control signs 200 800 1,000 13 SW Campus Dr: 1st Ave S - 19th Ave SW Overlay 1,600 1,600 14 16th Ave S: SR 99 - SR 18 Overlay 800 800 15 Military Rd S @ S Star Lake Rd Add EB right-turn lane, sidewalk 200 1,000 1,200 16 1st Ave S @ SW 301st St Install compact roundabout 150 700 850 17 Citywide Implement Adaptive Traffic Control System Phase III 114 686 800 18 SR 509 @ 47th Ave SW Install compact roundabout 150 550 700 19 Citywide Horizontal curve improvements 92 432 524 20 SW 320th St: 3rd Pl SW - 11th Ave SW Overlay 790 790 21 SW 356th St: 4th Pl SW - 15th Ave SW Overlay 1,200 1,200 22 SW 340th St: 31st Ave SW - 37th Ave SW Widen to 5 lanes 500 1,500 4,000 6,000 Subtotal Roadway Capital Projects 26,288 18,261 3,842 1,782 10,556 5,059 66,187 81,183 213,158 Map ID Location Description Previous Years 2018 2019 2020 2021 2022 2023 2024 Total 23 21st Ave S: S 314th St - S 316th St Pedestrian Connection 200 100 3,300 3,600 24 1st Ave S: S 292nd St - S 312th St Shoulder improvements 3,770 3,770 25 21st Ave S: S 316th St - S 320th St Install sidewalk on west side 1,175 250 1,425 26 Citywide Pedestrian Safety Install mid-block crossing treatments or other pedestrian improvements 1,231 320 320 320 320 320 2,831 27 SR 509: SW 312th St - 21st Ave SW Install sidewalk and streetlights on south side 200 1,300 1,500 28 S 312th St: 24th Ave S - Steel Lake Park Install sidewalk and streetlights on south side 790 100 890 29 S 312th St: Steel Lake Park - 28th Ave S Install sidewalk and streetlights on south side 100 650 750 30 Citywide Implement greenway plan 320 320 31 Pacific Hwy S Trail - 16th Ave S (S 288th St to S 308th St) Construct multi-use path 700 650 4,600 5,950 32 SR 509: 9th Pl S - 11th Pl S Install sidewalk on south side 100 1,350 1,450 Subtotal Non-Motorized Capital Projects 3,396 550 5,170 1,620 1,020 970 5,020 4,740 22,486 Map ID Location Description Previous Years 2018 2019 2020 2021 2022 2023 2024 Total 33 Citywide LED Retrofits 160 3,350 3,510 Subtotal Street Lighting Capital Projects 160 3,350 0 0 0 0 0 3,510 TOTAL CAPITAL PROJECT COSTS 29,844 22,161 9,012 3,402 11,576 6,029 71,207 85,923 239,154 STREET LIGHTING CAPITAL PROJECTS Year 2018 Costs in $ thousands CITY OF FEDERAL WAY NON-MOTORIZED CAPITAL PROJECTS Year 2018 Costs in $ thousands TRANSPORTATION IMPROVEMENT PLAN (TIP) - 2019 TO 2024 Year 2018 Costs in $ thousandsROADWAY CAPITAL PROJECTS 55 Star NorthLake TroutLake FiveMileLake Dollof Lake Lake LakeSteel MirrorLake EasterLake LakeGeneva SW 320th StSW 320th St S 304th St SWDashPoin tRd I - 5SW 356th St I-5Hwy 18I - 5SW Camp u sDr 9thAvSH o yt RdSWMarineViewDr E n c h a n t e d P kw y Military RdPacificHwySMi l i t a ry R d M a ri n e Vi e wD r NorthshorePkwy S 312th St S 288th St R e d o ndoWyS MilitaryRdSSt a r La k e R d S 272nd St West Valley Hwy S 348th St I - 5E 11th StPo r t o f T a c o m a R d 21st Av SWS 320th St SW 312th S t 1st Av S1stAvSPacific Hwy S16th Av S28th Av SS 324th St S 336th St 1st Av S49th Av SNorpointWyNESWD ashPtRd28th Av S24 3 5 13 27 4 1b 6 2 Puget Sound CommencementBay DumasBay PovertyBay 7 8 18 14 25 9 29 28 23 1031 15 16 22 1a 32 21 20 Legend Intersection Improvement Non-Motorized Improvement Overlay Improvement Roadway Improvement 0 10.5 Miles This map is accompanied by no warranties, and is simply a graphic representation. Original Map Date: May, 2018 City of Federal Way,33325 8th Ave S,Federal Way, WA 98003(253) 835-7000 2019-2024TransportationImprovement Plan J:\complan\Transportation\tip1924.mxdCity of Federal Way J:\complan\Transportation\tip1924.mxd EXHIBIT B 56 7a COUNCIL MEETING DATE: June 19, 2018 ITEM#: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 2018 NHS PRESERVATION PROJECT (16TH AVE S AND SW CAMPUS DRIVE) BID AWARD, ACCEPTANCE OF ADDITIONAL GRANT FUNDING,AND AUTHORIZATION TO TRANSFER FUNDS POLICY QUESTION: Should the Council award the 2018 NHS Preservation Project(16th Ave S and SW Campus Drive) to Miles Resources, LLC the lowest responsive, responsible bidder; accept an additional $500,000 of federal grant funding;and authorize staff to transfer Surface Water Management(SWM)funds to the project? COMMITTEE: Land Use and Transportation Committee MEETING DATE:June 4,2018 CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ® City Council Business ❑ Resolution ❑ Other STAFF REPORT BY:Jeff Huynh, Street Systems Engineer DEPT: Public Works ................................................................................................................................................................................. . Attachments: Memorandum dated June 19,2018 Ma Memorandum dated June 4,2018. Options Considered: 1. Award the 2018 NHS Preservation Project(16th Ave S and SW Campus Drive)to Miles Resources,LLC, the lowest responsive,responsible bidder in the amount of$2,673,494.00 and approve a 4.7%contingency of$127,006 for a total of$2,800,500,and authorize the Mayor to execute the contract;accept an additional $500,000.00 of federal grant funding;and authorize the transfer of$200,000.00 from the SWM Capital Improvement fund to this project. 2. Do not award the 2018 NHS Preservation Project(16th Ave S and SW Campus Drive)and provide direction to staff. ..........................................................................................................................._..................................................................................................................................................................................... MAYOR'S RECOMMENDATION: The Ma recommends approval of Option 1. MAYOR APPROVAL: q/LI) DIRECTOR APPROVAL:Committee ounc / itial/Date Initial/Date Initial/Date COMMITTEE RECOMMENDATION: At the June 4, 2018 LUTC meeting, based on the available information at that time, the Committee recommended rejection of all bids due to the budget shortfall and recommended to authorize staff to rebid the project and return to council for further action. Mark Koppang,Committee Jesse Johnson,Committee Hoang Tran,Committee Member Chair Member PROPOSED COUNCIL MOTION: "I move to award the 2018 NHS Preservation Project (16th Ave S and SW Campus Drive) to Miles Resources, LLC, the lowest responsive, responsible bidder in the amount of$2,673,494.00 and approve a 4.7%contingency of$127,006 for a total of$2,800,500, and authorize the Mayor to execute the contract; accept an additional $500,000.00 of federal grant funding; and authorize the transfer of$200,000.00 from the SWM Capital Improvement fund to this project." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIED 1ST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED—12/2017 RESOLUTION# CITY OF FEDERAL WAY MEMORANDUM DATE: June 19,2018 TO: City Council VIA: Jim Ferrell,Mayor FROM• Marwan Salloum,P.E.,Public Works Director Jeff Huynh, Street Systems Engineer ineer Y g SUBJECT• 2018 NHS Preservation Project(16m Ave S and SW Campus Drive)—Bid Award • Updated staff report BACKGROUND: Three bids were received and opened on May 30, 2018 for the 2018 NHS Preservation Project (16th Ave S and SW Campus Drive). Please see attached Bid Tabulation Summary. The apparent low bidder is Miles Resources,LLC.with the total bid amount of$2,673,494.53. AVAILABLE FUNDING: 16th Ave S Budgeted City Funds(2017) $108,000 Grant Fund(2017) $692,000 SW Campus Drive Budgeted City Funds(2017) $448,000 Grant Fund(2017) $952,500 Grant Funding—Additional Award(2018) $500,000* SWM Fund(for surface water added work) $200,000 TOTAL $2,900,500 *The additional grant funding award is contingent of having the project awarded and funds obligated in 2018. ESTIMATED EXPENDITURES: Design(in house) $100,000 2018 Construction Cost—Low Bid $2,673,494 4.7%Construction Contingency $127,006 Construction Management(In-House) $0 TOTAL $2,900,500 The low bid came in 38%higher than Engineer estimate because of the added federal requirements and the project will be starting late in mid-summer when the Contractors are extremely busy with other commitments. Staff contacted WSDOT (the grant administrator) to inform them of the budget shortfall. WSDOT agreed to award an additional $500,000 to this project contingent upon City of Federal Way awarding the project and obligating the grant funding no later than August 30, 2018. Therefore, staff recommend awarding the project to Miles Resources, LLC the lowest responsive,responsible bidder. CITY OF FEDERAL WAY MEMORANDUM DATE: June 4, 2018 TO: Council VIA: Jim Ferrell,Mayor Marwan Salloum,P.E.,Public Works Director FROM: JeffHuynh, Streets Project Engineer SUBJECT• 2018 NHS Preservation Project(16th Ave S and SW Campus Drive)—Rejection of Bids and Approval to Re-Bid BACKGROUND: Three bids were received and opened on May 30, 2018 for the 2018 NHS Preservation Project (16th Ave S and SW Campus Drive). Please see attached Bid Tabulation Sununary. The apparent low bidder is Miles Resources,LLC.with the total bid amount of$2,673,494.53. AVAILABLE FUNDING: 16th Ave S Budgeted City Funds(2017) $108,000 Grant Fund(2017) $692,000 SW Campus Drive Budgeted City Funds(2017) $448,000 Grant Fund(2017) $952,500 TOTAL $2,200,000 ESTIMATED EXPENDITURES: Design $100,000 2018 Construction Cost—Lowest Responsive Bid $2,673,494 0%Construction Contingency $0 Construction Management(In-House) $0 TOTAL $2,773,494 SHORTFALL -$573,494 Due to the fact that the lowest responsive bid is$573,494 over the available budget, staff is recommending that all bids be rejected and the project be re-bid. The low bid came in 38%higher than Engineer estimate because the project will be starting late in mid-summer when the Contractors are extremely busy with other commitments. Example: 1. Schedule A mobilization is 29% and Schedule B is 21% when comparing to the City of Federal Way 2018 Asphalt Overlay of 10%(opened on Jan. 31,2018). 2. HMA price is 26%higher than 2018 Asphalt Overlay Project 3. 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Q > W caw O NC N Z ? om N C aO0 "Vn O (5Y (n U) CI) au- O Oc O a Q W Q 03 a Ll U- O I- 0R c Ua. ° t4:3aWcc112 ` c Nl0 aO) 2Qa- Cel- OzOu m ma > 9 Ocea0 WCI0U) I- HYJ � � Jy E = 2 o E - ? m0 (~n0a) Eiv~) a) v¢~) Z22Za H yin m°6m Oa O W W CC g a g g g g _J W W W W 7 O "0 12 32 o 0 o _loa a a a a a a a a at- iOCco ,- 4Cm00z a OD C) O N M V Ul CO r CO 0) O N ✓ Tr W Cn CO CC) 0 Ul Ul 0 U) 0 (O O CO Th COUNCIL MEETING DATE: June 19,2018 ITEM#: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: SPECTRA VENUE MANAGEMENT CONTRACT FOR MANAGEMENT OF PAEC POLICY QUESTION: Should the City Council authorize the mayor to enter into a management services agreement with Global Spectrum, L.P. d/b/a Spectra Venue Management? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ® Other STAFFREPORT BY: J. Ryan Call, City DEPT: LawAttorney.......................................................................................................................................................................................................................................................................................................... Attachments: Staff Report !Amara* tat two* Options Considered: 1) Approve the contract 2) Decline to authorize the contract MAYOR'S RECOMME ! -TION: Approve the contract 0, MAYOR APPROVAL: , Cr ! I i DIRECTOR APPROVAL: C Colic !g C'mni ee Counci Initial /Date Initial/aate Initial Date COMMITTEE RECOMMENDATION:N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the proposed contract with Global Spectrum, L.P. d/b/a Spectra Venue Management to provide management services at the Performing Arts and Events Center and authorize the Mayor to take those actions necessary to transition to Spectra management of the facility. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: 0 APPROVED COUNCIL BILL# O DENIED First reading O TABLED/DEFERRED/NO ACTION Enactment reading O MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED— 12/2017 RESOLUTION# CITY OF FEDERAL WAY MEMORANDUM DATE: June 18, 2018 TO: City Council Members VIA: Jim Ferrell, Mayor �,I /y''//$1 FROM: J. Ryan Call, City AttorneyC.- SUBJECT: Management Agreement with Spectra Venue Management Background Information: The mayor directed me to investigate the advantages of hiring a professional services company to provide management services for the Performing Arts and Events Center ("PAEC") instead of having an in-house executive director and staff. The advantages of employing a management services company include the following: • increased access to promoters and entertainers • marketing advantages due to increased experience, synergy with other venues, and dedicated marketing staff across a larger organization • improved buying power for both acts and supplies • structured business practices proven to be successful At the direction of the mayor, I entered into negotiations with a subsidiary of Comcast called Spectra Venue Management ("Spectra"). Spectra has a current client list that includes 73 arenas, 48 stadiums, 51 convention and conference centers, 30 performing arts centers, and dozens of other cultural centers, fairgrounds, expo centers, and other specialized facilities. Of particular interest is the Everett-based Angel of the Winds Arena (formerly the XFINITY Arena), which has had great success under the management of Spectra. Negotiations with Spectra have produced the proposed contract. Under this contract, Spectra will assume management and operations duty for the PAEC as the City's agent. Under the contract, Spectra will provide food and beverage service, book and run quality entertainments in the theater, fully utilize the events space, and pursue other sources of income such as sponsorships and naming rights. They will assume existing staff and appoint a general manager with experience in running similar venues. Spectra will also provide $100,000 to the city to be used (with city approval) for transition costs and the creation of an incentive fund to encourage performers and events to book at the PAEC Compensation will consist of three main components: • Fixed management fee of$6,250 per month through December of 2019, which will be reduced to $5,000 per month beginning in January 2020. • Incentive fee consisting of: o A Qualitative Component of$10,000 based on the City's evaluation of performance under the contract in 5 categories (customer surveys, tenant/resident group relations, quality of food and beverage service, achievement of event programing and attendance goals in the theater space, and achievement of event programming and attendance in the event spaces). o A Quantitative Component beginning January 1, 2020 where Spectra will get 20% of the amount of net operating income that exceeds the established Net Operating Income/Loss Benchmark, which is meant to be the point at which income exceeds operating costs. • Commercial rights fee of 15% on gross revenue from the sale of advertising signage, sponsorships, naming/title rights, pouring rights, branding rights, etc. The initial term of the contract will be 5 years with an option to renew another 5 years. The City retains the ability to use the PAEC for City events,but must strive to plan those events around paying uses where possible. Revenue generated in excess of operations costs and those fee listed above will be the City's to be used as needed,but will likely need to be first applied to debt service on the building and the funding of replacement reserve accounts for capital and other large ticket assets. Additionally,the Spectra contract requires terminating the contract with our current food and beverage service provider in favor of Spectra handling those services in house. Further details are contained in the contract,which is provided as part of this report for your reference. MANAGEMENT AGREEMENT between CITY OF FEDERAL WAY,WASHINGTON and GLOBAL SPECTRUM, L.P. d/b/a SPECTRA VENUE MANAGEMENT Effective: As of August 1, 2018 MANAGEMENT SERVICES AGREEMENT - 1 - 8/2018 MANAGEMENT AGREEMENT This Management Agreement is entered into on June ,2018 and made effective as of August 1,2018 ("Effective Date"),by and between the City of Federal Way,Washington,a Washington State municipal corporation ("City"),and Global Spectrum,LP,a Delaware limited partnership d/b/a Spectra Venue Management("Manager"). RECITALS WHEREAS, City owns the Performing Arts and Events Center of Federal Way ("PAEC"), a 716 seat performing arts center, approximately 8,400 square feet event space, kitchen, and associated office space (the "Facility"), located in Federal Way, Washington; WHEREAS, the City has the right and authority to engage Manager to manage and operate the Facility; WHEREAS, the City desires to engage Manager to manage and operate the Facility on behalf and for the benefit of the City,and Manager desires to accept such engagement,pursuant to the terms and conditions contained herein; and NOW THEREFORE, for and in consideration of the foregoing, the mutual covenants and promises hereinafter set forth and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties, intending to be legally bound, hereby agree as follows: ARTICLE 1 DEFINITIONS Section 1.1. Definitions. For purposes of this Agreement,the following terms have the meanings referred to in this Section: Affiliate:A person or company that directly or indirectly,through one or more intermediaries,controls or is controlled by, or is under common control with, a specified person or company. Capital Expenditures:All expenditures for building additions,alterations,repairs or improvements and for purchases of additional or replacement furniture, machinery, or equipment, where the cost of such expenditure is greater than $5,000 and the depreciable life of the applicable item is, according to generally accepted accounting principles, in excess of five (5)years. Commercial Rights: Naming rights, pouring rights, advertising, sponsorships, the branding of food and beverage products for resale,premium seating(including suites,club seats and party suites),and memorial gifts at or with respect to the Facility. Contribution: shall have the meaning given to such term in Section 11.3 herein. CPI: The "Consumer Price Index"for the local Federal Way,Washington area, as published by the United States Department of Labor, Bureau of Labor Statistics or such other successor or similar index. Effective Date: shall have the meaning given to such term in the opening paragraph of this Agreement. Emergency Repair: The repair of a condition which, if not performed immediately, creates an imminent danger to persons or property and/or an unsafe condition at one or both of the Facility threatening persons or property. MANAGEMENT SERVICES AGREEMENT -2- 8/2018 Event Account:A separate interest-bearing account in the name of the City and under the City's Federal ID number in a local qualified public depository, to be designated by the City, where advance ticket sale revenue is deposited by Manager. Event of Force Majeure: An act of God, fire, earthquake,hurricane, flood,riot, civil commotion, terrorist act,terrorist threat, storm,washout,wind, lightning,landslide, explosion,epidemic, inability to obtain materials or supplies,accident to machinery or equipment,any law,ordinance,rule,regulation,or order of any public or military authority stemming from the existence of economic or energy controls, hostilities or war, a labor dispute which results in a strike or work stoppage affecting the Facility or services described in this Agreement,or any other cause or occurrence outside the reasonable control of the party claiming an inability to perform and which by the exercise of due diligence could not be reasonablyprevented or overcome. g Existing Contracts: Service Contracts,Revenue Generating Contracts,and other agreements relating to the day-to-day operation of either or both of the Facility existing as of the Effective Date, as set forth on Exhibit B attached hereto. Facility: shall have the meaning given to such term in the Recitals to this Agreement,and shall be deemed to include the entire PAEC (theater and event spaces), including but not limited to, as applicable, the seating areas, dressing rooms,meeting rooms,box office, common areas,kitchen areas, lobby areas, executive and other offices, storage and utility facilities,the entrances,ground,sidewalks and parking areas immediately surrounding the Facility, , and outdoor areas, all as specifically identified on Schedule 1 hereto. FF&E: Furniture, fixtures, and equipment to be procured for use at the Facility. Fixed Management Fee:The fixed monthly fee the City shall pay to Manager under this Agreement,as more fully described in Section 3.1 of this Agreement. General Manager: The employee of Manager acting as the full-time on-site general manager of the Facility. Incentive Fee: The contingent fee the City shall pay to Manager under this Agreement, if earned, as more fully described in Section 3.2 below. Initial Term: "Term" shall have the meaning given in Section 4.1 of this Agreement. Laws: federal, state, local and municipal laws, statutes, rules, regulations and ordinances. Management-Level Employees:The General Manager,Assistant General Manager,Business Manager,and Food and Beverage Manager(or employees with different titles performing similar functions), and any department head employed by Manager to perform services at the Facility(including, if applicable, employees performing the function of the Director of Operations, Director of Sales and Marketing,Director of Security,Finance Director,and Event Manager). Marketing Plan: A plan for the advertising and promotion of the Facility and Facility events, which may contain but not be limited to the following elements, as applicable: (i) market research, (ii) market position, (iii) marketing objectives,(iv)marketing strategies,(v)booking priorities,(vi)targeted events-local,regional,national and international, (vii) targeted meetings, conventions and trade shows, (viii) industry advertising campaign, (ix) internal and external support staff, (x) advertising opportunities at the local, regional and national level, (xi) attendance at various trade shows,conventions and seminars,(xii)incentive formulas for multiple event presenters, (xiii) suite and club seat sales, (xiv) merchandising and retail, (xv) food and beverage, (xvi) a plan for the sale of commercial rights, including without limitation naming rights, pouring rights, advertising signage, sponsorships MANAGEMENT SERVICES AGREEMENT -3 - 8/2018 (including event sponsorships),branding of food and beverage products for resale,premium seating(including but not limited to suites and club seats), and memorial gifts, (xvii) a plan regarding national, regional and local public relations and media relations,(xviii)development of an in-house advertising agency,and(xix)policies regarding the use of trade/barter. Net Operating Income/Loss: shall mean the amount by which Revenue at the Facility exceeds Operating Expenses at the Facility,resulting in Net Operating Income,or by which Operating Expenses at the Facility exceeds Revenue at the Facility, resulting in Net Operating Loss, for the period in question. Net Operating Income/Loss Benchmark: shall be mutually agreed on prior to February 28, 2019 and confirmed in writing. If for any reason the parties are unable to mutually agree on such figure prior to such date,the parties shall submit such determination to a mutually agreed upon third-party arbitrator who shall be an independent industry expert, without any conflicts of interest. City and Manager shall each submit to such third party their proposed figure for the Net Operating Income/Loss Benchmark, and such third parties' determination shall be final and binding on the City and Manager,provided that such determination shall be made consistent with the terms of this Agreement, and shall not be outside of the range of the figures submitted by the City and Manager. The cost of such third party arbitrator shall be shared equally between the parties. Operating Account:A separate interest-bearing account in the name of the City and under the City's Federal ID number in a local qualified public depository,to be designated by the City,where Revenue is deposited and from which Operating Expenses are paid. Operating Budget:A line item budget for the Facility that includes a projection of Revenues and Operating Expenses,presented on a monthly and annual basis. Operating Expenses: All expenses incurred by Manager in connection with its operation, promotion, maintenance and management of the Facility, including but not limited to the following: (i) employee payroll, benefits,relocation costs, severance costs,bonus and related costs, (ii)cost of operating supplies,including general office supplies, (iii) advertising, marketing, group sales, and public relations costs, (iv) cleaning and landscaping expenses,(v)data processing costs,(vi)dues,subscriptions and membership costs,(vii)the Fixed Management Fee, (viii) printing and stationary costs, (ix) postage and freight costs, (x) equipment rental costs, (xi) minor repairs, maintenance, and equipment servicing, not including expenses relating to performing capital improvements or repairs,(xii)security expenses,(xiii)telephone and communication charges,(xiv)travel and entertainment expenses of Manager employees, (xv) cost of employee uniforms and identification, (xvi) exterminator, snow and trash removal costs, if applicable (xvii) computer, software, hardware and training costs, (xviii)parking expenses, (xix) utility expenses, (xx) office expenses, (xxi) ) audit and accounting fees, (xxii) legal fees, (xxiii) all bond and insurance costs,including but not limited to personal property,liability,and worker's compensation insurance,(xxiv) commissions and all other fees payable to third parties;(xxv)cost of complying with any Laws,(xxvi)costs incurred by Manager to settle or defend any claims asserted against Manager arising out of its operations at the Facility on behalf of City; (xxvii) amount of any deductible or self-insured retention under insurance policies; (xxviii) costs incurred under Service Contracts and other agreements relating to Facility' operations, (xxix) all costs relating to provision of the Food and Beverage Services,including labor,cost of goods,and cost of permits/licenses;and(xxx) Taxes. The term"Operating Expenses"does not include debt service on the Facility,Capital Expenditures,Transition Costs,property taxes,insurance on the Facility of contents within the Facility owned by City,or the Incentive Fee,all of which costs shall be borne by the City. MANAGEMENT SERVICES AGREEMENT -4- 8/2018 Operating Year: Each twelve(12)month period during the Term,commencing on January 1 and ending on the following December 31, except that the first(1St) Operating Year shall be a shorter period, commencing on the Effective Date and ending on December 31, 2018. Operations Manual: Document to be developed by Manager that shall contain terms regarding the management and operation of the Facility,including detailed policies and procedures to be implemented in operating the Facility, as agreed upon by both the City and the Manager. Revenue: All revenues generated by Manager's operation of the Facility,including but not limited to event ticket proceeds income,rental and license fee income,merchandise income,gross food and beverage income,gross income from any sale of Commercial Rights, gross service income, equipment rental fees,box office income, and miscellaneous operating income,but shall not include event ticket proceeds held by Manager in trust for a third party and paid to such third party. Revenue Generating Contracts: Vendor, concessions and merchandising agreements, user/rental agreements,booking commitments,licenses,and all other contracts or agreements generating revenue for the Facility and entered into in the ordinary course of operating the Facility. Service Contracts: Agreements for services to be provided in connection with the operation of the Facility, including without limitation agreements for ticketing,web development and maintenance,computer support services, FF&E purchasing services, engineering services, electricity, steam, gas, fuel, general maintenance, HVAC maintenance,telephone,staffing personnel including guards,ushers and ticket-takers,extermination,elevators,stage equipment, fire control panel and other safety equipment, snow removal, and other services that are deemed by Manager to be either necessary or useful in operating the Facility. Taxes:Any and all governmental assessments,franchise fees,excises,license and permit fees,levies,charges and taxes, of every kind and nature whatsoever, which at any time during the Term may be assessed, levied, or imposed on, or become due and payable out of or in respect of, (i) activities conducted on behalf of the City at the Facility,including without limitation the sale of concessions,the sale of tickets,and the performance of events(such as any applicable sales and/or admissions taxes, use taxes, excise taxes, occupancy taxes, employment taxes, and withholding taxes), or (ii) any payments received from any holders of a leasehold interest or license in or to the Facility, from any guests, or from any others using or occupying all or any part of the Facility. Term: shall have the meaning ascribed to such term in Section 4.1 of this Agreement. Transition Budget: shall mean the budget reflecting anticipated Transition Costs attached hereto as Exhibit E. Transition Costs: shall mean the out-of-pocket costs incurred, or to be incurred,by Manager in connection with its activities related to the transition of management of the Facility to Manager, as set forth in the Transition Budget. ARTICLE 2 SCOPE OF SERVICES Section 2.1 Engagement. (a) City hereby engages Manager during the Term to act as the sole and exclusive manager and operator of the Facility, subject to and as more fully described in this Agreement, and, in connection therewith, to perform the services described in Exhibit A attached hereto. MANAGEMENT SERVICES AGREEMENT -5 - 8/2018 (b) Manager hereby accepts such engagement, and shall perform the services described herein, subject to the limitations expressly set forth in this Agreement and in the Operations Manual. Section 2.2 Limitations on Manager's Duties. Manager's obligations under this Agreement are contingent upon and subject to the City making available,in a timely fashion,the funds budgeted for and/or reasonably required by Manager to carry out such obligations during the Term. Manager shall not be considered to be in breach or default of this Agreement, and shall have no liability to the City or any other party, in the event Manager does not perform any of its obligations hereunder due to failure by the City to timely provide such funds. Section 2.3 Standard of Care. Subject to the limitations of the Operating Budget,Manager shall exercise reasonable commercial, good faith efforts in managing and operating the Facility so as to minimize Operating Expenses and maximize Operating Revenues, provided that Manager shall be permitted to book events at no or reduced rental fees as required and approved by the City pursuant to the terms of Section 5.4. Section 2.4 Duty.Manager shall owe to the City a duty to perform its obligations under this Agreement and to conduct the management and operation of the Facility at all times with integrity and good faith and in a manner that is in the best interests of the Facility and the City and consistent with the terms of this Agreement.Manager shall not engage in any act that not within the scope of its authority under this Agreement,that is not in good faith or from which the Manager derives an improper personal benefit. ARTICLE 3 COMPENSATION Section 3.1 Fixed Management Fee. In consideration of Manager's performance of its services hereunder, City shall pay Manager a Fixed Management Fee.Beginning on the Effective Date and continuing through December 31, 2019, the Fixed Management Fee shall be Six Thousand Two Hundred Fifty Dollars ($6,250.00) per month. From January 1,2020 to December 31,2020,the Fixed Management Fee shall be reduced to Five Thousand Dollars ($5,000) per month. Beginning on January 1, 2021 and continuing on each succeeding January 1, the Fixed Management Fee shall be increased in accordance with the percentage increase in the CPI-U over the previous twelve (12) month period(i.e., the difference, expressed as a percentage,between the value of the CPI-U published most recently prior to the commencement of the preceding Operating Year and the value of the CPI-U published most recently prior to the commencement of the Operating Year for which the CPI-U adjustment will apply). The Fixed Management Fee shall be payable to Manager in advance,beginning on the Effective Date,and payable on the first (1St) day of each month thereafter(prorated as necessary for any partial months). Manager shall be entitled to pay itself such amount from the Operating Account. Section 3.2 Incentive Fee. In addition to the Fixed Management Fee,Manager shall be entitled to receive an Incentive Fee each full or partial Operating Year of the Term(except that for the period from the Effective Date until December 31,2019,Manager shall be eligible only for the Qualitative Component of the Incentive Fee). The Incentive Fee shall be comprised of a qualitative component as described in subpart (a) below ("Qualitative Component") and a quantitative component as described in subpart(b)below ("Quantitative Component"). (a) Qualitative Component. Manager shall be eligible to earn up to ten thousand dollars($10,000) in each Operating Year(pro-rated for any Operating Years of less than a full 12 months based on the actual number of days elapsed in such Operating Year out of 365). The Qualitative Component shall be determined by the City,in its reasonable and good faith discretion,based on its evaluation of Manager's performance each Operating Year in each of the following five (5)performance areas (with each area equal to up to $2,000): - Results of Customer Survey scores - Tenant/Resident Group Relations MANAGEMENT SERVICES AGREEMENT -6- 8/2018 - Quality of Food and Beverage Services Achievement of Annual Event Programming and Attendance Goals in the theater space - Achievement of Annual Event Programming and Attendance Goals in the events space (b) Quantitative Component. Beginning with the third(3rd)Operating Year(i.e.,January 1,2020— December 31, 2020)Manager shall be paid twenty percent(20%)of the amount by which the actual Net Operating Income/Loss in each Operating Year exceeds the Net Operating Income/Loss Benchmark.For any Operating Years of less than a full 12-months,the Net Operating Income/Loss Benchmark shall be prorated based on the actual number of days elapsed in such Operating Year out of 365. There shall be no cap or maximum limit on the amount of the Quantitative Fee earnable by Manager. The Incentive Fee earned by Manager shall be paid to Manager no later than ninety (90) days following the end of each Operating Year. Section 3.3 Commercial Rights Fee.In addition to the other fees due Manager hereunder,the City shall pay Manager fifteen percent(15%)of the Revenue from Commercial Rights("Commercial Rights Fee"),as set forth below. For the sake of clarity,the parties acknowledge that the Commercial Rights Fee shall be paid on all gross revenue from the sale of advertising signage,sponsorships,naming/title rights,sub-naming/title rights,pouring rights, branding rights,and other Commercial Rights at the Facility. For purposes of this paragraph,Revenue shall include trade/barter,with such trade/barter valued at its retail price in an arms-length transaction.The Commercial Rights Fee shall be paid for the full duration of all contracts for such Commercial Rights,including any period that extends after the end of this Agreement. Notwithstanding the foregoing,the Commercial Rights Fee shall not be paid on Revenue from Commercial Rights secured prior to the Effective Date. Payments due under this paragraph shall be made to Manager on an annual basis, within sixty (60) days of the end of each Operating Year, with respect to Revenue received in that year from the applicable Commercial Rights contracts.The provisions of this paragraph shall survive expiration or termination of this Agreement,and such settlements shall continue on an annual basis following the end of the term with respect to Revenue from Commercial Rights received in such years until such time as all Commercial Rights Commissions due Manager under this paragraph are fully paid. Manager shall engage one (1) person to serve as an on-site sales person, the costs of whom shall be considered an Operating Expense of the Facility. Section 3.4 Transition Costs. Promptly following the Effective Date(or prior to the Effective Date, as applicable), Manager shall do all things reasonably necessary to transition from the current management of the Facility to the commencement of its management services hereunder. The City shall reimburse Manager for the Transition Costs, in accordance with the Transition Budget. Manager shall invoice the City for such costs, and the City shall pay such costs within thirty(30)days of its receipt of each such invoice.Each invoice provided by Manager shall be accompanied by reasonable back-up documentation evidencing the incurrence of the Transition Costs. Section 3.5 Late Payments. Manager shall have the right to assess interest on any payments of the fees described in this Section that are not made when due. Such interest shall accrue at the rate of twelve percent (12%)per annum. ARTICLE 4 TERM; TERMINATION Section 4.1 Term. The initial term of this Agreement (the "Initial Term") shall begin on the Effective Date, and, unless sooner terminated pursuant to the provisions of Section 4.2 below, shall expire on December 31, 2023. Following the Initial Term, the City may extend this Agreement for an additional five (5) years, to end on December 31, 2028, by providing written notice of such extension to Manager no later than August 31, 2023. The MANAGEMENT SERVICES AGREEMENT -7- 8/2018 Initial Term plus any such extension periods is referred to as the "Term"hereunder. Section 4.2 Termination. This Agreement may be terminated: (a) by either party upon thirty(30)days written notice,if the other party fails to perform or comply with any of the material terms,covenants,agreements or conditions hereof,and such failure is not cured during such thirty (30)day notification period,provided,however,if such failure cannot reasonably be cured within such thirty(30)day period,then a longer period of time shall be afforded to cure such breach,up to a total of ninety(90)days,provided that the party in default is diligently seeking a cure and the non-defaulting party is not irreparably harmed by the extension of the cure period; or (b) by either party immediately by written notice upon the other party being judged bankrupt or insolvent, or if any receiver or trustee of all or any part of the business property of the other party shall be appointed and shall not be discharged within one hundred twenty (120) days after appointment, or if either party shall make an assignment of its property for the benefit of creditors or shall file a voluntary petition in bankruptcy or insolvency,or shall apply for bankruptcy under the bankruptcy or insolvency Laws now in force or hereinafter enacted, Federal, State or otherwise,or if such petition shall be filed against either party and shall not be dismissed within one hundred twenty(120) days after such filing. Section 4.3 Effect of Expiration or Termination (a) Upon expiration or termination of this Agreement, the City shall reimburse Manager for any actual ordinary and necessary expenses incurred by Manager in withdrawing from the provision of services hereunder following such termination. Such ordinary and necessary expenses shall include costs associated with(i) severance pay,not to exceed three(3)months, for each of Manager's Management-Level Employees who are not retained by Manager following termination of this Agreement,(ii)reasonable household relocation expenses for Management- Level Employees at the Facility who are retained by Manager following termination to work at another Manager- managed Facility, but only to the extent any of such individuals had previously relocated to the Facility (or its surrounding areas)in connection with this Agreement,and(iii) other reasonable costs actually incurred by Manager in withdrawing from the provision of services hereunder, such as those incurred in connection with the termination and/or assignment of Service Contracts,Revenue Generating Contracts, or other contracts or leases entered into by Manager pursuant to this Agreement. The City's payment of such expenses will occur only after Manager has provided reasonable evidence of the incurrence of such expenses. (b) Also upon expiration or termination or this Agreement, the following shall apply: (i)Manager shall promptly discontinue the performance of all services hereunder, (ii) City shall promptly pay Manager all fees due Manager up to the date of termination or expiration(subject to proration if the Term ends other than at the end of the Operating Year),(iii)City shall pay to Manager all Operating Expenses incurred by Manager through the end of the Term that have not previously been paid, including costs of accrued but unused vacation time and other end of employment payments due to Manager's employees whose employment is being terminated Manager,(iv)Manager shall make available to the City all data,electronic files,documents,procedures,reports,estimates,summaries,and other such information and materials with respect to the Facility as may have been accumulated by Manager in performing its obligations hereunder,whether completed or in process,and(iv)without any further action on part of Manager or City,the City shall,or shall cause the successor Facility manager to,assume all obligations arising after the date of such termination or expiration, under any Service Contracts, Revenue Generating Contracts, booking commitments and any other Facility agreements entered into by Manager in furtherance of its duties hereunder.Any obligations of the parties that are specifically intended to survive expiration or termination of this Agreement shall survive expiration or termination hereof. MANAGEMENT SERVICES AGREEMENT -8- 8/2018 ARTICLE 5 OWNERSHIP; USE OF THE FACILITY Section 5.1 Ownership of Facility, Data, Equipment and Materials. The City will at all times retain ownership of the Facility, including but not limited to real estate,technical equipment, furniture, displays, fixtures and similar property,including improvements made during the Term.Any data,equipment or materials furnished by the City to Manager or acquired by Manager as an Operating Expense shall remain the property of the City,and shall be returned to the City when no longer needed by Manager to perform under this Agreement. Notwithstanding the above,City shall not have the right to use any third party software licensed by Manager for general use by Manager at the Facility and other facilities managed by Manager, the licensing fee for which is proportionately allocated and charged to the Facility as an Operating Expense; such software may be retained by Manager upon expiration or termination hereof. Furthermore, the City recognizes that the Operations Manual to be developed and used by Manager hereunder is proprietary to Manager,and shall belong to Manager at the end of the Term;City shall not use or maintain copies thereof upon the end of the Term except as may be required by the Washington State Public Records Act per Section 18.18 below. Section 5.2 Right of Use by Manager. The City hereby gives Manager the right and license to use the Facility,and Manager accepts such right of use,for the purpose of performing the services herein specified,including the operation and maintenance of all physical and mechanical Facility necessary for, and related to, the operation, maintenance and management of the Facility. The City shall provide Manager with a sufficient amount of suitable office space in the Facility and with such office equipment as is reasonably necessary to enable Manager to perform its obligations under this Agreement.In addition,the City shall make available to Manager,at no cost,parking spaces adjacent to the Facility for all of Manager's full-time employees and for the Facility's event staff.The City will retain the use of one (1) office with a door in the Facility for use by City staff. Section 5.3 Observance of Agreements. The City agrees to pay,keep,observe and perform all payments, terms, covenants, conditions and obligations under any leases, bonds, debentures, loans and other financing and security agreements to which the City is bound in connection with its ownership of the Facility. Section 5.4 Use by the City. Subject to availability,the City shall have the right to use the Facility or any part thereof without paying rent for meetings,seminars,training classes or other non-commercial uses,provided that the City shall promptly reimburse Manager, for deposit into the Operating Account,for any out-of-pocket expenses incurred by Manager(such as the cost of ushers,ticket-takers,set-up and take-down personnel,security expenses and other expenses) in connection with such use. Such non-commercial use of the Facility by the City shall (i) not compete with or conflict with the dates previously booked by Manager for paying events,(ii) not consist of normally touring attractions (such as concerts and family shows), and (iii)be booked in advance upon reasonable notice to Manager pursuant to the Facility' approved booking policies. Upon request of the City,Manager shall provide to the City a list of available dates for City use of the Facility. To the extent that Manager has an opportunity to book a revenue-producing event on a date that is otherwise reserved for use by the City, Manager may propose alternative dates for the City's event, and the City shall use best efforts to reschedule its event to allow Manager to book the revenue-producing event, provided, that the City shall not be obligated to reschedule its event. For purposes of calculating Manager's Incentive Fee, Manager shall receive a"paper" credit for an amount equal to the difference between the published Facility rate and the rate (if any) charged to the City for such use of the Facility, when such City use precludes rental of the facility to an available paying customer. Section 5.5 Right of Ingress and Egress. Manager acknowledges that the City shall have the right to enter the Facility and to grant to others the right of ingress and egress to and from the Facility for the purpose of inspection thereof,the conduct of capital improvements,or other purposes.The City agrees to use reasonable commercial efforts to coordinate such entry with the Manager so as to minimize interference with scheduled activities at the Facility. MANAGEMENT SERVICES AGREEMENT -9- 8/2018 ARTICLE 6 PERSONNEL Section 6.1 Generally.All Facility staff and other personnel shall be engaged or hired by Manager,and shall be employees,agents or independent contractors of Manager(or an Affiliate thereof),and not of the City. Subject to the remainder of this paragraph,Manager shall select,in its sole discretion but subject to City's right to approve the Operating Budget, the number, function, qualifications, and compensation, including salary and benefits, of its employees and shall control the terms and conditions of employment (including without limitation termination thereof) relating to such employees. Manager agrees to use reasonable and prudent judgment in the selection and supervision of such personnel.The City specifically agrees that Manager shall be entitled to pay its employees,as an Operating Expense,bonuses and benefits in accordance with Manager's then current employee manual,which may be modified by Manager from time to time in its sole discretion.A copy of Manager's current employee manual shall be provided to the City upon request. City shall pay all accrued but unused vacation time to its employees whose employment with City is terminating and whose employment with Manager is commencing. Section 6.2 General Manager. Personnel engaged by Manager will include an individual with experience managing facilities similar to the Facility to serve as a full-time on-site General Manager of the Facility. Hiring of the General Manager by Manager shall require the prior approval of the City, which approval shall not be unreasonably withheld or delayed; provided, however, in the event of a vacancy in the General Manager position, Manager may, upon notice to the City, temporarily fill such position with an interim General Manager for up to ninety (90) days without the necessity of obtaining the City's approval. The General Manager will have general supervisory responsibility for Manager and will be responsible for day-to-day operations of the Facility,supervision of employees,and management and coordination of all activities associated with events taking place at the Facility. Section 6.3 Non-Solicitation/Non-Hiring. During the Term and for a period of one(1)year after the end of the Term,neither City nor any of its Affiliates shall solicit for employment,or hire,any of Manager's Management- Level Employees unless Management agrees to such solicitation or employment in writing.The City acknowledges that Manager will spend a considerable amount of time identifying,hiring and training individuals to work in such positions,and that Manager will suffer substantial damages,the exact amount of which would be difficult to quantify, if the City were to breach the terms of this Section by hiring,or soliciting for employment,any of such individuals. Accordingly,in the event of a breach or anticipated breach of this Section by the City,Manager shall be entitled(in addition to any other rights and remedies which Manager may have at law or in equity,including money damages)to equitable relief, including an injunction to enjoin and restrain the City from continuing such breach, without the necessity of posting a bond. ARTICLE 7 OPERATING BUDGET Section 7.1 Establishment of Operating Budget.Attached hereto as Exhibit C is the Operating Budget for the Facility for the first(1St)Operating Year(Effective Date through December 31,2018),which Operating Budget is hereby approved by both Manager and City, provided that such Operating Budget shall be deemed amended to include the cost of the fees due or to become due to Manager under Article 3 above for such period.Manager agrees that at least 150 days prior to the commencement of each subsequent Operating Year in respect of such year, it will prepare and submit to the City a proposed Operating Budget for the for such year. Each such annual Operating Budget shall include Manager's good faith projection of Revenues and Operating Expenses,presented on a monthly and annual basis, for the upcoming Operating Year. The City agrees to provide Manager with all information in its possession necessary to enable Manager to prepare each Operating Budget.Manager agrees to cooperate with the City and make presentations to the City council as part of the City's own internal budgeting process. MANAGEMENT SERVICES AGREEMENT - 10- 8/2018 Section 7.2 Approval of Operating Budget. Each of the annual Operating Budgets shall be subject to the review and approval of the City,which approval may be withheld or granted in its sole discretion. In order for the City to fully evaluate and analyze such budgets or any other request by Manager relating to income and expenses, Manager agrees to provide to the City such reasonable financial information relating to the Facility as may be requested by the City from time to time. If extraordinary events occur during any Operating Year that could not reasonably be contemplated at the time the corresponding Operating Budget was prepared,Manager may submit an amendment to such budget for review and approval by the City,which approval may be withheld or granted in its sole discretion. If the City fails to approve any annual Operating Budget(or any proposed amendment thereto),the City shall promptly provide Manager the specific reasons therefor and its suggested modifications to Manager's proposed Operating Budget or amendment in order to make it acceptable. The parties shall then engage in good faith discussions and use reasonable commercial efforts to attempt to resolve the matter to the mutual satisfaction of the parties, including, if applicable, negotiation of a mutually acceptable modification to the economic terms of this Agreement to enable the Manager to achieve the compensation contemplated by its proposed Operating Budget. Section 7.3 Adherence to Operating Budget. Manager shall use all reasonable efforts to manage and operate the Facility in accordance with its Operating Budget.However,City acknowledges that notwithstanding the Manager's experience and expertise in relation to the operation of facilities similar to the Facility, the projections contained in each Operating Budget are subject to and may be affected by changes in financial, economic and other conditions and circumstances beyond the Manager's control,and that Manager shall have no liability if the numbers within the Operating Budget are not achieved. Manager agrees to notify the City within 30 days of any significant change or variance in the bottom line number in the Operating Budget, and any material increase in total Facility expenses from that provided for in the Operating Budget.In either such case Manager agrees to work with City to develop and implement a plan(or changes to the then current plan)to limit Operating Expenses to be incurred in the remaining months of such Operating Year with the goal of achieving the Operating Budget. ARTICLE 8 PROCEDURE FOR HANDLING INCOME Section 8.1 Event Account. Manager shall deposit as soon as practicable following receipt, in the Event Account for the Facility, all revenue received from ticket sales and similar event-related revenues that Manager receives in contemplation of,or arising from,an event at the Facility,pending completion of the event. Such monies will be held in trust for the protection of ticket purchasers, City, and Manager, and to provide a source of funds as required for payments to performers and for payments of direct incidental expenses in connection with the presentation of events that must be paid prior to or contemporaneously with such events. Promptly following completion of such events, Manager shall transfer all funds remaining in the Event Account,including any interest accrued thereon, into the Operating Account for the Facility. Section 8.2 Operating Account. Except as provided in Section 8.1,all Revenue derived from operation of the Facility shall be deposited by Manager into the Operating Account as soon as practicable upon receipt. The specific procedures(and authorized individuals)for making deposits to and withdrawals from such account shall be set forth in the Operations Manual,but the parties specifically agree that Manager shall have authority to sign checks and make withdrawals from such accounts,subject to the limitations of this Agreement,without needing to obtain the co-signature of a City employee or representative. ARTICLE 9 FUNDING Section 9.1 Source of Funding. Manager shall pay all items of expense for the operation, maintenance, supervision and management of the Facility from the funds in the Operating Accounts for the Facility.The Operating Accounts shall be funded with amounts generated by operation of the Facility(as described in Article 8 above), or MANAGEMENT SERVICES AGREEMENT - 11 - 8/2018 otherwise made available by the City. To ensure sufficient funds are available in the Operating Accounts,City will deposit in the Operating Accounts,on or before the Effective Date,the budgeted or otherwise approved expenses for the Facility for the three(3)month period beginning on the Effective Date. The City shall thereafter,on or before the 1st day of each succeeding month following the Effective Date, deposit (or allow to remain) in the Operating Accounts the budgeted or otherwise approved expenses for each such month, retaining at all times in the accounts funding for the upcoming 3-month period. Manager shall have no liability to the City or any third party in the event Manager is unable to perform its obligations hereunder,or under any third-party contract entered into pursuant to the terms hereof,due to the fact that sufficient funds are not made available to Manager to pay such expenses in a timely manner. If the City appropriates funds at(or reduces appropriated funds to)a level that,in the Manager's good faith reasonable judgment,renders the management of the Facility as contemplated in the Agreement not feasible,Manager and the City shall meet as necessary to formulate a plan to continue management of the Facility at a reduced level of services consistent with anticipated Operating Revenues and available funding. Section 9.2 Advancement of Funds. Under no circumstances shall Manager be required to pay for or advance any of its own funds to pay for any Operating Expenses. In the event that, notwithstanding the foregoing, Manager agrees to advance its own funds to pay Operating Expenses,City shall promptly reimburse Manager for the full amount of such advanced funds,plus interest at 12%per annum. ARTICLE 10 FISCAL RESPONSIBILITY; REPORTING Section 10.1 Records. Manager agrees to keep and maintain, at its office in the Facility, separate and independent records, in accordance with generally accepted accounting principles, devoted exclusively to its operations in connection with its management of the Facility. Such records(including books,ledgers,journals,and accounts)shall contain all entries reflecting the business operations of Manager under this Agreement. The City or its authorized agent shall have the right to audit and inspect such records from time to time during the Term, upon reasonable notice to Manager and during Manager's ordinary business hours. Section 10.2 Monthly Financial Reports.Manager agrees to provide to the City,within thirty(30)days after the end of each month during the Term, financial reports for the Facility including a balance sheet, aging report on accounts receivable,and statement of revenues and expenditures(budget to actual)for such month and year to date in accordance with generally accepted accounting principles. In addition, Manager agrees to provide to the City a summary of bookings for each such month,and separate cash receipts and disbursements reports for each event held at the Facility during such month.Additionally,Manager shall submit to the City,or shall cause the applicable public depository utilized by Manager to submit to the City,on a monthly basis,copies of all bank statements concerning the Event Account and the Operating Account. Section 10.3 Annual Plan. Simultaneously with the submission of each annual Operating Budget,Manger shall also submit an annual plan (the "Annual Plan") for the City's review and approval. The Annual Plan will include information regarding Manger's anticipated operations for the coming Operating Year, including planned operating maintenance activities(including a preventive maintenance schedule),expense control initiatives,requested capital improvements and capital equipment purchases,anticipated events at the Facility,anticipated advertising and promotional activities,and planned equipment and furnishings purchases.The Annual Plan shall be subject to review, revision and approval by the City. Section 10.4 Audit.Manager agrees to provide to the City,within one hundred twenty(120)days following the end of each Operating Year, a certified audit report on the accounts and records as kept by Manager for the Facility. Costs associated with obtaining such certified audit report shall be an Operating Expense of the Facility. Such audit shall be performed by an external auditor approved by the City,and shall be conducted in accordance with MANAGEMENT SERVICES AGREEMENT - 12- 8/2018 generally accepted auditing standards and those procedures required by applicable state law. Manager agrees that it will cooperate fully with the Auditor's Office of the State of Washington and provide it and its agents with all information that it may request in connect with a state audit of the Facility.Costs associated with a state audit shall be an Operating Expense of the Facility. Section 10.5 Federal Program Reporting. Facility construction costs were partially funded by the federal Section 108 program as well as the New Market Tax Credit program,both of which require recording and reporting of performance metrics on established subjects. Manager agrees to record those metrics required by the City to facilitate the City's obligation to report to the federal government. ARTICLE 11 CAPITAL IMPROVEMENTS; MANAGER CONTRIBUTION Section 11.1 Schedule of Capital Expenditures. Manager shall annually, at the time of submission of the annual Operating Budget to the City,provide to the City a schedule of proposed capital improvements to be made at the Facility, for the purpose of allowing the City to consider such projects and to prepare and update its long-range Capital Expenditure budget. Section 11.2 Responsibility for Capital Expenditures. The City shall be solely responsible for all Capital Expenditures at the Facility; provided, however, the City shall be under no obligation to make any Capital Expenditures proposed by Manager,and provided further that Manager shall have no liability for any claims,costs or damages arising out of a failure by the City to make any Capital Expenditures. Notwithstanding the foregoing, Manager shall have the right(but not the obligation), upon notice to the City, to make Capital Expenditures at the Facility for Emergency Repairs. In such event, the City shall promptly reimburse Manager for the cost of such Capital Expenditure. Section 11.3 Manager Contribution. Manager hereby agrees to make a contribution of One Hundred Thousand Dollars($100,000)to the City(the"Contribution"). The Contribution shall be paid to the City no later than December 31, 2018, and may be used for any purpose in the City's discretion,but the City agrees to give due consideration to using such funds to pay the Transition Costs and to develop an event fund to attract events to the Facility. The Contribution shall be amortized on a straight line basis over a one hundred twenty(120)month period (at the rate of 1/120 per month),beginning on the Effective Date and ending on July 31,2028.Upon the expiration or termination(for any reason whatsoever,including without limitation if due to a breach,default or bankruptcy event by or affecting Manager,or if the City elects not to renew this Agreement beyond the Initial Term)of this Agreement, the City shall immediately pay to Manager the unamortized amount of the Contribution,without deduction or setoff of any kind. ARTICLE 12 FOOD AND BEVERAGE SERVICE Section 12.1 Generally. The City currently contracts with a third party to provide food and beverage concessions.No later than ten(10)days after the Effective Date,City agrees to give written notice to this third party that it is terminating that contract, effective 90 days from the provision of such notice, and Manager agrees to facilitate a transition to Manager-provided food and beverage service. City represents that it has the legal right to terminate such third party contract for its convenience on ninety(90)days'prior notice. Following such termination and transition period,Manager shall have the sole and exclusive right to manage and perform,and Manager hereby agrees to manage and perform, all food and beverage concession and catering service at the Facility("Food and Beverage Service"). Manager may engage sub-contractors to sell food and beverages at the Facility. Section 12.2 Concession and Catering Areas. Following the termination and transition period described in Section 12.1 above, Manager shall have the exclusive right to use, or permit a third-party to use, as applicable,the MANAGEMENT SERVICES AGREEMENT - 13 - 8/2018 concession stands, novelty stands, customer serving locations, banquet facility, catering facility, exhibition space, food preparation areas,vendor commissaries,kitchen and storage facilities,and other food service related areas of the Facility,together with the improvements,equipment and personal property upon or within such areas,for the purpose of providing the Food and Beverage Service (and providing other duties required of Manager hereunder). Manager shall acquire all smallwares and equipment reasonably required by Manager to perform the Food and Beverage Service and such costs shall be an Operating Expense or Capital Expenditure, as applicable, of the Facility. Section 12.3 Food and Beverage Duties. In connection with its management and provision of the Food and Beverage Service, Manager shall: (a) Develop and implement all necessary policies and procedures for the food and beverage operations; (b) Engage and oversee employees necessary to perform the Food and Beverage Services; (c) Manage the Food and Beverage Service in compliance with and subject to all federal,state and local laws,ordinances and regulations(including,without limitation,health and sanitation codes and regulations with respect to the sanitation and purity of the food and beverage products for sale); (d) Arrange for all minor repairs and routine maintenance to the equipment used in the operation of the Food and Beverage Service; (e) Keep the food and beverage Facility and equipment neat, clean, and sanitary condition; (f) Undertake appropriate advertising, marketing, and promotion of the food and beverage offerings at the Facility; (g) Develop menus,portions,brands,prices,themes and marketing approaches.Manager shall be entitled to set the prices for such items for sale,but Manager agrees to confer with the City's Contract Administrator and take the City's views into account prior to setting(or changing) such prices; and (h) Order, stock, prepare, pay for (as an Operating Expense) and sell appropriate foods and beverages. Section 12.4 Alcohol Licenses and Permits.Manager agrees to apply for all appropriate alcohol licenses and permits,subject to applicable law.The City shall provide reasonable assistance to Manager in such regard.At the end of the Term, Manager shall without charge to City relinquish its rights in, or terminate (as applicable), the alcohol licenses and permits for the Facility. Section 12.5 Food and Beverage Revenue and Expenses.All revenue to the Facility from operation of the Food and Beverage Service shall be deemed to be Revenue, and shall be deposited by Manager into the Operating Account.All expenses incurred in connection with the provision of the Food and Beverage Service shall be Operating Expenses,payable by Manager with funds from the Operating Account. ARTICLE 13 FACILITY CONTRACTS; TRANSACTIONS WITH AFFILIATES Section 13.1 Existing Contracts.The City shall provide to Manager,on or before the Effective Date,copies of all Existing Contracts. Manager shall administer and assure compliance with such Existing Contracts. MANAGEMENT SERVICES AGREEMENT - 14- 8/2018 Section 13.2 Execution of Contracts. Excluding any contract for a "public work" as defined in Chapter 39.04 RCW, Manager shall have the right to enter into Service Contracts,Revenue Generating Contracts and other contracts related to the operation of the Facility, as agent on behalf of the City.Any such material agreements shall contain standard indemnification and insurance obligations on the part of each vendor,licensee or service provider,as is customary for the type of services or obligations being provided or performed by such parties. Manager shall obtain the prior approval of the City(which approval shall not be unreasonably withheld or delayed)before entering into any such contract with a term that expires after the Term of this Agreement,unless such contract,by its express terms, can be terminated by Manager or City following expiration of the Term without any penalty. Section 13.3 Transactions with Affiliates. In connection with its obligations hereunder relating to the purchase or procurement of services for the Facility, Manager may purchase or procure such services,or otherwise transact business with, an Affiliate of Manager, provided that the prices charged and services rendered by such Affiliate are competitive with those obtainable from any unrelated parties rendering comparable services.Manager shall, at the request of the City,provide reasonable evidence establishing the competitive nature of such prices and services,including,if appropriate,competitive bids from other persons seeking to render such services at the Facility. ARTICLE 14 AGREEMENT MONITORING AND GENERAL MANAGER Section 14.1 Contract Administrator. Each party shall appoint a contract administrator who shall monitor such party's compliance with the terms of this Agreement. Manager's contract administrator shall be its General Manager at the Facility, unless Manager notifies City of a substitute contract administrator in writing. City shall notify Manager of the name of its contract administrator within thirty(30)days of execution hereof.Either party may change its contract administrator by providing written notice of such change to the other party. Any matters in this Agreement requiring Manager's participation or approval shall mean the participation or approval of the Manger's contract administrator, who to the extent such contract administrator has authority delegated from Manager, shall have the authority to act for and bind Manager with respect to any such matter. The City acknowledges that Manager's contract administrator does not have the authority to amend or modify this Agreement in any manner. Any matters in this Agreement requiring the City's participation or approval shall be directed to the City's contract administrator.The City's contract administrator may,to the extent such contract administrator has authority delegated from the City, act for and bind the City. When the City's contract administrator must present an issue to the City mayor or City council in order to authorize a request or bind the City, the City contract administrator will notify Manager promptly. ARTICLE 15 INDEMNIFICATION Section 15.1 Indemnification by Manager. Manager agrees to defend,indemnify and hold harmless the City and its officials, directors, officers, employees, agents, successors and assigns against any claims,causes of action, costs,expenses(including reasonable attorneys' fees)liabilities,or damages(collectively,"Losses")suffered by such misconduct, on thepart of Manager or anyof parties and caused by any(a)negligent act or omission, or intentionalsco g its employees or agents in the performance of its obligations under this Agreement,or(b)breach by Manager of any of its representations, covenants or agreements made herein. Section 15.2 Indemnification by the City. City agrees to defend,indemnify and hold harmless Manager,its parent, subsidiary and affiliate companies, and each of their respective directors, officers, employees, agents, successors and assigns, against any Losses suffered by such parties, arising out of or in connection with (a) any negligent act or omission,or intentional misconduct,or failure to comply with Laws,on the part of City or any of its employees or agents (excluding Manager and its employees) in the performance of its obligations under this Agreement, (b) a breach by City of any of its representations, covenants or agreements made herein, including MANAGEMENT SERVICES AGREEMENT - 15 - 8/2018 without limitation City's obligation to pay any budgeted or otherwise approved expenses in a timely manner, (c) failure by City to pay any amounts due by City or to otherwise perform any obligations of City under any third-party contracts,licenses or agreements entered into by Manager in furtherance of its duties hereunder as authorized hereby; (d)any environmental condition at the Facility or on or under the premises on which the Facility is located not caused by Manager,its employees or agents,(e)any structural defect with respect the Facility, (f)the fact that any time prior to,as of, or after the effective date of this agreement the Facility is not or has not been in compliance with all Laws, including,but not limited to, the Americans With Disabilities Act as it now exists and as it may be amended in the future by statute or judicial interpretation,(g)any act or omission carried out by Manager at or pursuant to the written direction or instruction of City, its agents or employees, (h) any claims relating to the Facility or their operations accruing or caused by occurrences prior to the Effective Date or following termination or expiration of this Agreement, and(i) any withdrawal liability for a share of unfunded vested benefits under multiemployer plans (as that term is defined in 4001(a)(3) of the Employee Retirement Income Security Act of 1974, as amended). Section 15.3 Conditions to Indemnification. With respect to each separate matter brought by any third party against which a party hereto("Indemnitee")is indemnified by the other party("Indemnitor")under this Article 15,the Indemnitor shall be responsible,at its sole cost and expense, for controlling,litigating,defending and/or otherwise attempting to resolve,through counsel of its choice,any proceeding,claim,or cause of action underlying such matter, except that(a)the Indemnitee may,at its option,participate in such defense or resolution at its expense and through counsel of its choice; (b) the Indemnitee may, at its option, assume control of such defense or resolution if the Indemnitor does not promptly and diligently pursue such defense or resolution, provided that the Indemnitor shall continue to be obligated to indemnify the Indemnitee hereunder in connection therewith;and(c)neither Indemnitor nor Indemnitee shall agree to any settlement without the other's prior written consent (which shall not be unreasonably withheld or delayed). In any event,Indemnitor and Indemnitee shall in good faith cooperate with each other and their respective counsel with respect to all such actions or proceedings,at the Indemnitor's expense.With respect to each and every matter with respect to which any indemnification may be sought hereunder,upon receiving notice pertaining to such matter,Indemnitee shall promptly give reasonably detailed written notice to the Indemnitor of the nature of such matter and the amount demanded or claimed in connection therewith. Section 15.4 Survival. The obligations of the parties contained in this Article 15 shall survive the termination or expiration of this Agreement. Section 15.5 Legal Costs. Notwithstanding the other provisions of this Agreement,if legal costs are being incurred by the Manager or the City for a third-party claim in respect of which the City is claiming indemnity from the Manager, such legal costs will be considered an Operating Expense unless and until liability of the Manager pursuant to this Agreement is established by a court of competent jurisdiction with respect to the underlying claim on which the Manager's obligation to indemnify is based.In the event that the liability of the Manager is so determined, then such legal costs shall be considered as costs of the Manager(and not Operating Expenses)in proportion to the comparative degree established by the court and covered by the indemnity given by the Manager to the City hereunder and the parties shall adjust between them in respect of such legal costs. ARTICLE 16 INSURANCE Section 16.1 Types and Amount of Coverage. Manager agrees to obtain insurance coverage in the manner and amounts as set forth in Exhibit D,attached hereto,and shall provide to the City promptly following the Effective Date a certificate of certificates of insurance evidencing such coverage. Manager shall maintain such referenced insurance coverage at all times during the Term, and will not make any material modification or change from these MANAGEMENT SERVICES AGREEMENT - 16- 8/2018 specifications without the prior approval of the City. Each insurance policy shall include a requirement that the insurer provide Manager and the City at least thirty(30)days written notice of cancellation or material change in the terms and provisions of the applicable policy. The cost of all such insurance shall be an Operating Expense. Section 16.2 Rating; Additional Insureds. All insurance policies shall be issued by insurance companies rated no less than A VIII in the most recent"Bests" insurance guide, and licensed in the State of Washington or as otherwise agreed by the parties. All such policies shall be in such form and contain such provisions as are generally considered standard for the type of insurance involved. The commercial general liability policy,automobile liability insurance policy,and umbrella or excess liabilitypolicyto be obtained byManager hereunder shall name City as an additional insured. The workers compensation policy to be obtained by Manager hereunder shall contain a waiver of all rights of subrogation against the City. Manager shall require that all third-party users of the Facility, including, without limitation, third-party licensees, ushers, security personnel, and concessionaires provide certificates of insurance evidencing insurance appropriate for the types of activities in which such user is engaged. If Manager subcontracts any of its obligations under this Agreement, Manager shall require each such subcontractor to secure insurance that will protect against applicable hazards or risks of loss as and in the minimum amounts designated herein, and name Manager and the City as additional insureds. Section 16.3 Crime Insurance. Those employees of Manager who have access to or are responsible for the funds generated under this Agreement shall be covered by a crime insurance policy to be obtained by Manager consistent with the requirements of Exhibit D hereto. ARTICLE 17 REPRESENTATIONS,WARRANTIES AND COVENANTS Section 17.1 Manager Representations and Warranties. Manager hereby represents,warrants and covenants to City as follows: (a) that it has the full legal right,power and authority to enter into this Agreement and to grant the rights and perform the obligations of Manager herein,and that no third party consent or approval is required to grant such rights or perform such obligations hereunder; and (b) that this Agreement has been duly executed and delivered by Manager and constitutes a valid and binding obligation of Manager, enforceable in accordance with its terms, except as such enforceability may be limited by bankruptcy,insolvency,reorganization,or similar Laws affecting creditors' rights generally or by general equitable principles. (c) that Manager will comply with all Laws applicable to its management of the Facility,provided that Manager shall not be required to undertake any compliance activity,nor shall Manager have any liability under this Agreement therefor, if such activity requires any Capital Expenditure. Section 17.2 City Representations,Warranties and Covenants. City represents,warrants and covenants to Manager as follows: (a) that it has the full legal right,power and authority to enter into this Agreement and to grant the rights and perform the obligations of City herein,and that no other third party consent or approval is required to grant such rights or perform such obligations hereunder. (b) that this Agreement has been duly executed and delivered by City and constitutes a valid and binding obligation gati n f City,enforceable in accordance with its terms,except as such enforceability may be limited by bankruptcy, insolvency, reorganization or similar laws affecting creditors' rights generally or by general equitable MANAGEMENT SERVICES AGREEMENT - 17- 8/2018 principles. (c) that the Facility is, as of the Effective Date, in compliance in all respects with all applicable Laws relating to the construction, use and operation of the Facility(including, without limitation, Title III of the American with Disabilities Act), and that the City has no knowledge of any existing structural defects or unsound operating conditions at the Facility. ARTICLE 18 MISCELLANEOUS Section 18.1 PCI Compliance. Manager agrees to comply with all current Payment Card Industry Data Security Standards("PCI Standards")and guidelines that may be published from time to time by Visa,MasterCard or other associations as they relate to the physical storage of credit card data. For PCI Standards compliance purposes, City will provide on a segmented network,an appropriate number of wired data connections to the Internet for point of sale devices to be used by Manager and any contractors at the Facility.City shall be responsible for the security of its network,including,without limitation,applicable PCI-DSS compliance,and for procuring and installing point of sale ("POS")payment systems that are compliant with the latest PCI-DSS requirements. If at any time either party determines that card account number or other information has been compromised, such party will notify the other immediately and assist in providing notification to the proper parties as deemed necessary. Section 18.2 No Discrimination. Manager agrees that it will not discriminate against any employee or applicant for employment for work under this Agreement because of race, religion, color, sex, disability, national origin,ancestry,physical handicap,age,sexual orientation,gender identity,or veteran or military status and will take affirmative steps to ensure that applicants are employed, and employees are treated during employment, without regard to race, religion, color, sex, disability, national origin, ancestry,physical handicap, age, sexual orientation, gender identity, or veteran or military status. Section 18.3 Use of Facility Names and Logos. Manager shall have the right to use throughout the Term (and permit others to use in furtherance of Manager's obligations hereunder),for no charge,the name and all logos of the Facility, on Manager's stationary, in its advertising of the Facility, and whenever conducting business of the Facility;provided,that Manager shall take all prudent and appropriate measures to protect the intellectual property rights of the City relating to such logos. All intellectual property rights in any Facility logos developed by the Manager or the City shall be and at all times remain the sole and exclusive property of the City. Manager agrees to execute any documentation requested by the City from time to time to establish, protect or convey any such intellectual property rights. Section 18.4 Facility Advertisements. The City agrees that in all advertisements placed by the City for the Facility or events at the Facility, whether such advertisements are in print, on radio, television, the interne or otherwise, it shall include a designation that the Facility is "Managed by Spectra". Section 18.5 Force Majeure; Casualty Loss. (a) Neither party shall be liable or responsible to the other party for any delay, loss, damage, failure or inability to perform under this Agreement due to an Event of Force Majeure, provided that the party claiming failure or inability to perform provides written notice to the other party within thirty(30)days of the date on which such party gains actual knowledge of such Event of Force Majeure.Notwithstanding the foregoing,in no event shall a party's failure to make payments due hereunder be excusable due to an Event of Force Majeure. MANAGEMENT SERVICES AGREEMENT - 18- 8/2018 (b) In the event of damage or destruction to a material portion of the Facility by reason of fire, storm,or other casualty loss that renders the Facility(or a material portion thereof)uninhabitable,the City shall use reasonable efforts to remedy such situation.If notwithstanding such efforts,such damage or destruction is expected to render the Facility(or a material portion thereof)untenantable for a period estimated by an architect selected by the City at Manager's request, of at least one hundred eighty (180) days from the date of such fire, storm, or other casualty loss, either party may terminate this Agreement upon written notice to the other,provided that(i)the City shall pay to Manager its costs of withdrawing from services at the Facility hereunder,as described in Section 4.3(a) above,and(ii)the parties shall negotiate appropriate adjustments to the compensation terms herein to account for the reduction in duties of Manager hereunder(and any such changes shall be mutually agreed). Section 18.6 Assignment; Binding on Successors and Assigns. Neither party may assign this Agreement without the prior written consent of the other,which consent shall not be unreasonably withheld or delayed, except that either party may,without the prior written consent of the other party but upon at least 30 days' written notice to the other party,assign this Agreement in connection with a sale,merger,or other business combination involving all or substantially all of its assets or equity interests, and Manager may further assign this Agreement to an Affiliate where such assignment is intended to accomplish an internal corporate purpose of Manager as opposed to materially and substantially altering the method of delivery of services to City. Any purported assignment in contravention of this Section shall be void. This Agreement is binding on successors and permitted assigns of the parties. Section 18.7 Notices. All notices required or permitted to be given pursuant to this Agreement shall be in writing and delivered personally or sent by registered or certified mail, return receipt requested, or by generally recognized,prepaid,overnight air courier services,to the address and individual set forth below.All such notices to either party shall be deemed to have been provided when delivered, if delivered personally, three (3) days after mailed, if sent by registered or certified mail, or the next business day, if sent by generally recognized, prepaid, overnight air courier services. If to the City: If to Manager: City of Federal Way Spectra Venue Management 33325 8th Avenue South 3601 S. Broad Street Federal Way, WA 98003 Philadelphia, PA 19148 Attn: Parks Department Attn: Chief Operating Officer With a copy to: With a copy to: City of Federal Way Spectra Venue Management 33325 8th Avenue South 3601 South Broad Street Federal Way, WA 98003 Philadelphia, Pennsylvania 19148-5290 Attn: City Attorney's Office Attn: General Counsel The designation of the individuals to be so notified and the addresses of such parties set forth above may be changed from time to time by written notice to the other party in the manner set forth above. Section 18.8 Severability. If a court of competent jurisdiction determines that any term of this Agreement is invalid or unenforceable to any extent under applicable law,the remainder of this Agreement(and the application of this Agreement to other circumstances) shall not be affected thereby, and each remaining term shall be valid and enforceable to the fullest extent permitted by law. Section 18.9 Entire Agreement. This Agreement(including the exhibits attached hereto)contains the entire MANAGEMENT SERVICES AGREEMENT - 19- 8/2018 agreement between the parties with respect to the subject matter hereof, and supersedes and replaces all prior negotiations,correspondence,conversations,agreements,and understandings concerning the subject matter hereof. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representations, agreements or understandings, whether oral or written. Section 18.10 Governing Law. The Agreement is entered into under and pursuant to,and is to be construed and enforceable in accordance with, the laws of the State of Washington without regard to its conflict of laws principles. Section 18.11 Amendments.Neither this Agreement nor any of its terms may be changed or modified except by an instrument in writing signed by an authorized representative of both of the parties to this Agreement. Section 18.12 Waiver; Remedies.No failure or delay by a party hereto to insist on the strict performance of any term of this Agreement, or to exercise any right or remedy consequent to a breach thereof, shall constitute a waiver of any breach or any subsequent breach of such term.No waiver of any breach hereunder shall affect or alter the remaining terms of this Agreement,but each and every term of this Agreement shall continue in full force and effect with respect to any other then existing or subsequent breach thereof The remedies provided in this Agreement are cumulative and not exclusive of the remedies provided by law or in equity. Section 18.13 Relationship of Parties. Manager and City acknowledge and agree that they are not joint venturers, partners, or joint owners with respect to the Facility, and nothing contained in this Agreement shall be construed as creating a partnership,joint venture or similar relationship between City and Manager. In operating the Facility,entering into contracts,accepting reservations for use of the Facility,and conducting financial transactions for the Facility,Manager acts on behalf of and as agent for City(but subject to the limitations on Manager's authority as set out in this Agreement), with the fiduciary duties required by law of a party acting in such capacity. Section 18.14 No Third Party Beneficiaries. Other than the indemnitees listed in Sections 15.1 and 15.2 hereof(who are third party beneficiaries solely with respect to the indemnification provisions in such sections),there are no intended third party beneficiaries under this Agreement, and no third party shall have any rights or make any claims hereunder,it being intended that solely the parties hereto(and the aforementioned indemnitees with respect to the indemnification provisions hereof) shall have rights and may make claims hereunder. Section 18.15 Limitation on Damages. In no event shall either party be liable or responsible for any consequential,indirect,incidental,punitive,or special damages(including,without limitation,lost profits)whether based upon breach of contract or warranty,negligence, strict tort liability or otherwise,and each party's liability for damages or losses hereunder shall be strictly limited to direct damages that are actually incurred by the other party, provided that the foregoing shall not limit or restrict any claim by Manager for the management fees described herein upon a breach or default of this Agreement by City. Section 18.16 Counterparts; Facsimile and Electronic Signatures. This Agreement may be executed in counterparts, each of which shall constitute an original, and all of which together shall constitute one and the same document. This Agreement may be executed by the parties and transmitted by facsimile or electronic transmission, and if so executed and transmitted, shall be effective as if the parties had delivered an executed original of this Agreement. Section 18.17 Public Records Act. To the extent the Washington Public Records Act(Chapter 42.56 RCW) or equivalent or successor statute is applicable to the City,Manager shall cooperate,coordinate with, and assist the City in the disclosure,or non-disclosure in the event of an exemption to such disclosure,of any information requested under the Public Records Act, as determined by the City, in its sole discretion. MANAGEMENT SERVICES AGREEMENT -20- 8/2018 Section 18.19 Gratuities and Kickbacks. It shall be a breach of the Manager's obligations hereunder to offer, give, or agree to give any person, entity or any employee of the City(or former employee of the City) a gratuity, success fee, commission, anything else of value, or an offer of employment in connection with any decision, approval,disapproval,recommendation,preparation of any part of any purchase request,influence in the consent of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity,in any proceeding or application,request for ruling,determination,claim or controversy or other particular matter,pertaining to or solicitation of, any contract or proposal therefor by the manager from the City. IN WITNESS WHEREOF,each party hereto has caused this Management Agreement to be executed on behalf of such party by an authorized representative as of the date first set forth above. CITY OF FEDERAL WAY: ATTEST: Jim Ferrell, Mayor Stephanie Courtney, CMC, City Clerk DATE: APPROVED AS TO FORM: J. Ryan Call, City Attorney MANAGEMENT SERVICES AGREEMENT -21 - 8/2018 GLOBAL SPECTRUM, L.P.: By: Printed Name: Title: DATE: STATE OF ) ) ss. COUNTY OF ) On this day personally appeared before me , to me known to be the of GLOBAL SPECTRUM, L.P. that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this day of , 20_. Notary's signature Notary's printed name Notary Public in and for the State of My commission expires MANAGEMENT SERVICES AGREEMENT -22- 8/2018 SCHEDULE 1 MAP DEFINING OUTDOOR AREAS UNDER MANAGER'S MANAGEMENT r- ... `" ,_... •r.ry: +mr-,rs.— '�rsr.;-.WMsr ' r{� r . , ; , , i„ , ,4_, N „ 111 1 A g . . . + • .-. gN • 1° 4 ' I I I I - : . . i: h • 4 te I ♦ ® �� j� + 4 # f I'� 1 , �`_ a • 04 _ MANAGEMENT SERVICES AGREEMENT -23 - 8/2018 EXHIBIT A MANAGER DUTIES Manager's obligations under the Agreement shall consist of the following obligations,all of which are subject to the terms hereof and the controls and restrictions in the Operations Manual: (a) Manage all aspects of the Facility in accordance with the Operations Manual and the terms of this Agreement, including but not limited to managing food and beverage service, purchasing, payroll, fire prevention, security, crowd control, routine repairs, preventative maintenance,janitorial services,promotions,advertising,energy conservation,security,box office, admission procedures,parking(if applicable), and general user services. (b) Establish and adjust prices, rates and rate schedules for user, license, concessions, occupancy,and advertising agreements,and booking commitments. Manager may deviate from the established rate schedule when entering into any such agreements if determined by Manager,using its reasonable business judgment,to be necessary or appropriate with respect to the specific situation. (c) Procure,negotiate,execute,administer and assure compliance with Service Contracts, Revenue Generating Contracts, and other contracts related to the operation of the Facility. (d) Require that all material vendors and licensees of the Facility execute vendor/license agreements containing standard indemnification and insurance obligations on the part of each such vendor/licensee. (e) Provide standard form advertising and sponsorship contracts and user/rental agreements for use at or with respect to the Facility. Manager shall submit such form agreements to the City for review and comment, and the parties shall work together to finalize such forms. Once finalized, Manager shall use such forms in furtherance of its duties hereunder, and shall not materially deviate from the terms contained in such forms without obtaining the prior approval of the City (which shall not be unreasonably withheld). Manager's sole responsibility with regard to providing legal advice or assistance hereunder shall be to provide such standard form contracts. (f) Operate and maintain the Facility,including the equipment utilized in connection with its operation and any improvements made during the term of this Agreement, in the condition received,normal wear and tear excepted. (g) Arrange for and otherwise book events at the Facility in accordance with booking schedules to be developed by Manager. (h) Hire or otherwise engage, pay, supervise, and direct all personnel Manager deems necessary for the operation of the Facility in accordance with Article 6 of the Agreement, and conduct staff planning,retention and training programs as determined to be necessary by Manager in its sole discretion. (i) Maintain detailed, accurate and complete financial and other records of all its activities under this Agreement in accordance with generally accepted accounting principles,which MANAGEMENT SERVICES AGREEMENT -24- 8/2018 records shall be made available to the City upon request, in accordance with Section 10.1 of the Agreement. (j) Submit to the City in a timely manner financial and other reports detailing Manager's activities in connection with the Facility, as set forth in Section 10.2 of the Agreement. (k) Prepare proposed annual Operating Budgets and submit such proposed budget to the City, both in accordance with Article 7 of the Agreement. (1) Pay all Operating Expenses and other expenses incurred in connection with the operation,maintenance, supervision and management of the Facility from the applicable Operating Account or with funds otherwise made available by the City. (m) Apply for(or any other third party,as applicable,to apply for)all licenses and permits necessary for the operation and use of the Facility for the specific events to be held therein,and for the general occupancy of the Facility, including without limitation all necessary food and liquor licenses, and renewals thereof. The City shall cooperate in this process to the extent reasonably required. All costs associated with this process shall be Operating Expenses. (n) Collect, deposit and hold in escrow in the Event Accounts any ticket sale revenues which it receives in the contemplation of or arising from an event pending the completion of the event, as more fully described in Section 8.1 of the Agreement. (o) Collect in a timely manner and deposit in the Operating Accounts all Revenue, as more fully described in Section 8.2 of the Agreement. (p) Subject to the City making available sufficient funds in a timely manner, pay all Taxes. (q) Plan, prepare, implement, coordinate and supervise all public relations and other promotional programs for the Facility. (r) Prepare,maintain and implement on a regular basis,subject to the City's approval,a Marketing Plan for the Facility. (s) Market and sell Commercial Rights at or in connection with the Facility. Manager intends to employ one (1) individual at the Facility to be responsible for marketing and selling Commercial Rights. The cost of such individual (salary, commission, and benefits) shall be an Operating Expense. (t) On an annual basis, cause a written inventory to be taken of all furniture, fixtures, office equipment, supplies, tools, and vehicles at the Facility, and deliver a written report of the foregoing to City.Manager shall document all major damage to,or loss in,such inventory during the Term as soon as such damage or loss is discovered by Manager,and Manager shall promptly notify City of any such damage or loss. MANAGEMENT SERVICES AGREEMENT -25 - 8/2018 (u) Purchase,on behalf of the City and with City funds,and maintain during the Term,all materials, tools, machinery, equipment and supplies necessary for the operation of the Facility. (v) As agent for the City,manage risk management and Facility insurance needs,as more fully described in Article 16 of the Agreement. (w) Make and be responsible for all routine and minor repairs,maintenance,preventative maintenance, and equipment servicin . Manager shall be responsible for ensuring that all repairs, replacements,and maintenance shall be of a quality and class at least equal to that of the item being repaired,replaced or maintained. Any replacement of an item in inventory,or any new item added to the inventory, which is paid for by the City, shall be deemed the property of the City. (x) Cause such other acts and things to be done with respect to the Facility,as determined by Manager in its reasonable discretion to be necessary for the management and operation of the Facility following the Effective Date. MANAGEMENT SERVICES AGREEMENT -26- 8/2018 EXHIBIT B EXISTING CONTRACTS Provider Description SMG Food& Beverage Food&Beverage Service on-call per use SPO Janitorial Service piggy back off of existing Parks Landscaping contract with Green Effects paid on a per use basis one-off SPO Elevator Inspection one-off SPO Kitchen Range Hood Service Center Stage Artists Stunt Dogs Performance Amplified Entertainment, Inc. Lea Salanga Performance IMG Artists The New Chinese Acrobats Performance KMP Artists Gugu Drum Performance Herschel Freeman Agency, Inc Kahulanui Performance Elite School of Dance Under the Sea Performance Divamama Lea Salanga Performance Korean Music Association of WA Performance American Music Performance Tacoma City Ballet Performance 2018 Special Olympics Opening Games Choir Rehearsal Opus 3 Chanticleer Performance ICM Partners Vicki Lawrence & Mama Performance ICM Partners Rita Rudner Performance Opus 3 Chanticleer Performance MANAGEMENT SERVICES AGREEMENT -27- 8/2018 EXHIBIT C OPERATING BUDGET 1ST OPERATING YEAR-Effective Date to December 31, 2018 2018 Actual Estimates Projected Budget FUND 115 Adjusted Bdg 5-Mnths Jun Jul 7 Months Aug•Dec Aug Sep Oct Nov Dec 115-5800-115-558-20-110 SALARIES&WAGES 429,338 137,733 22.476 22,476 182,686 246,652 - 115-5800-115-558-20-111 TEMPORARY HELP 95,879 62,202 12,172 12,172 86,546 9,333 - - - - 115-5800-115-558-20-118 TERMINATION PAY - 43,045 - 22,000 65,046 165,046) - - 115-5800-115,558-20-120 OVERTIME PAY - 783 - - 783 (783) - - - Total Salaries&Wag. 525.217 243,764 34.648 56.648 335,060 190.157 - - - - - 1 15-5800-'115-558-20-210 STATE PENSIONS-F 46.425 17.492 2.855 2.855 23,201 23,224 - - - - 115-5800-115-558-20-211 EMPLOYEE BENEF 21,629 7,819 1,716 1.716 11,252 10,377 - - - - - 115-5800-115-558-20-213 FICA'MEDICARE 5,974 7,434 1,863 '1,863 11,160 (5,186) - - - - - 1 I5-5800-115-558-20-214 DISABILITY!SURVIVC 5,616 1,700 199 199 2,099 3,617 - - - - - I 115-5800-115-558-20-220 WKRS 968 3.228 596 596 4,420 (3.452) - - - - - 115`800-'115-558-20-240 UNEMPLOYMENT 3,923 - - - - 3.923 - - - - - 115-5800-115-558-20-250 HEALTH INSURANCE 65,968 18,484 2,072 2,072 22.628 43,340 - - - -115-5800-115-558-20-251 DENTAL INSURANCE 6,750 1.776 164 164 2,104 4,646 - - - - 115-5800-115-558-20-252 VISION INSURANCE 991 263 24 24 310 681 - - - - - Total Benefits 158,244 58,195 9.490 9,490 77,175 81,069 - - - - 115-5800-115-558-20-310 OFFICE SUPPLIES 8,500 469 31 31 530 7,970 - - - - 115-5800-115-558-20-311 BOOKS,MAPS,& 150 - - - • 150 - - - - - 115-5800-115-558-20-312 OTHER OPERATING 9,890 1,046 266 266 1,578 8,312 - - - 115-5800-115-558-20-314 HOUSEHOLD SUPPLI 3,682 379 166 166 710 2.972 - - - - 115-5800-115-558-20-316 COPIER&PRINTER - 89 45 45 178 (178) - - - - - 115-5800-115-558-20-318 FOOD&BEVERAGE 10,000 6,451 2,500 2.500 11,451 (1,461) - - - - - 115-5800-115-558-20-319 REPAIR&MAINT 1,000 216 139 139 494 506 - - - 115-5800-115-558-20-330 CLOTHING AND 957 - - - 957 -115-5800-115-558-20-352 SMALL OFFICE - - - - - - - - - 115`800-115-558-20-354 MINOR EQUIP-MISC 6,000 1,280 200 200 1,680 4.320 - - - 1 15-5800-115-558-20-356 MINOR DP SOFTWAF - 296 296 296 888 (888) - - - Total Supplies 40,179 10.225 3,643 3,643 17,511 22,668 - - - - - 115-5800-115-558-20-410 PROFESSIONAL 177,700 184,529 13.474 21,808 219,811 (42,111) - - - - - New Contract - -6,250 6,250 6,250 6,250 6,250 115-5800-115-558-20-414 NON GOVT DP SERV - 19,785 500 500 20.785 (20,785) - - - - - 115-5800-115-558-20-415 CUSTODIAL&CLEAI' 145,000 1,164 1.164 1.164 3,492 141,508 - - - 115-5800-115-558-20-421 POSTAGEDELIVERY 3,500 188 69 69 325 3,176 - - - - - 115-5800-115-558-20-422 BULK CLASS POSTAI 20,000 - - - - 20,000 - - 115-5800-115-558-20-424 Cellular Phone Air Tim - 626 158 158 941 (941) - - - - - 115-5800-115-558-20-432 LODGING - 1159 - - 1,159 (1.159) - - - - - 1 15-5800-115-558-20-433 PARKING'TOLLS - 12 - - 12 (12) - - - - 115-5800-115-558-20-435 CONFERENCE.SEMI/. 8,085 395 395 395 1.185 6,900 - - - - - 115-5800-115-558-20-436 RENTAL CARS/GROL - 159 - 159 (159) - - - - 115-5800-115-558-20-437 MILEAGE - 272 37 37 346 (346) - - - -115-5800-115-558-20-439 OTHER TRAVEL - 6,716 613 613 7,941 (7,941) - - - - 115-5800-115-558-20-440 ADVERTISING 80,127 14,913 2.352 2,352 19,617 60.510 - - - 1 15-5800-115-5513-20-441 JOB ANNOUNCEMEN 650 - - - - 660 - - - - 115-5800-115-558-20-452 OPERATING 330,828 82,707 82,707 - 165,414 165,414 -82,707 - -82,707 115-5800-115-558-20-453 RENTAL OF - 9,973 1,774 1.774 13,521 (13,521) - - - 115-5800-115-558.20-471 ELECTRICITY 110,000 32,309 8.159 8.159 48,626 61,374 - - -115-5800-115-558-20-472 NATURAL GAS 9,974 383 177 177 737 9,237 - - - - - 115-5800-115-558-20-473 WATER BILLINGS 8,874 2,410 500 500 3,410 5.464 - - - 115-5800-115-558-20-474 SEWER BILLINGS 3,688 353 200 200 753 2,935 - - - 115-5800-115-558-20-476 WASTE DISPOSAL 4,750 - - - - 4,750 - - - - 115-5800-115-558-20-480 REPAIRS AND - 2,245 300 300 2,845 (2,845) - - - - 115-5800-115-558-20-490 MISC SERVICES& - 2,133 200 200 2,533 12,533) - - - -115-5800-115-558-20-492 PRINTING/PHOTO 28,000 (547) (547) 28,547 - - - 115-5800-115-558-20-497 ASSOCIATION DUES 5,204 595 595 4,609 - - - Total Services 936.380 362,480 112.777 38.404 513,661 422,719 6.250 88.957 6,250 6,250 88,957 115-5800-115-558-20-5'14 KC HEALTH - - - - - - TotalIntergoventrnentE - - - - - - - - - - ' 115-5800-115-558-20-640 MACHINERY& 47,152 33,333 3,333 20,000 56,667 (9,515) - - - - - 115-5800-115-558-20-914 DP M&O 107,733 13,467 - - 13.467 94,266 - -115-5800-115-558-20-990 MAIL'COPY M&O 16,500 59 2.003 - 2,063 14,438 - 115-5800-115-558-20-999 OTHER 40,581 - - - 40.681 - - TotalInternalService 211,966 46,859 5,337 20.000 72,196 139 770 - - - - - TOTAL FOR FUND 115 1.871.986 721.622 165.896 128.186 1,015,602 - - - - - '$22,000 for vacation payout for current employees. "There is$4,167 monthly management fee that will cease but will be replaced with$6,250 There is 90 days notice requirement and 3 months will be paid in July(4167'3) "'QIIALICB Quarterly payment of about$82,707,most of this amount is also reflected in the revenue as receipt.It is almost a wash. "-$856_384-$165,414=$690,f.70 Budget balance less 2 gtrs of QUAL ICB payments 182,707'2-165.4141 MANAGEMENT SERVICES AGREEMENT -28- 8/2018 EXHIBIT D INSURANCE At all times during this Agreement, Manager shall maintain insurance coverage at commercially reasonable levels and in compliance with state law where applicable.Minimum insurance coverage shall be as follows: (a) commercial general liability insurance,including products and completed operations, bodily injury and property damage liability, contractual liability, independent contractors' liability and personal and advertising injury liability against claims occurring on,in,or about the Facility,or otherwise arising under this Agreement; (b) umbrella or excess liability insurance; (c) commercial automobile liability insurance, including coverage for the operation of owned, leased, hired and non-owned vehicles; (d) workers compensation and employer's liability insurance as shall be required by and be in conformance with the laws of the State of Washington; (e) professional liability insurance and self-insured employment practices liability coverage; (f) employment practices liability insurance; (g) pollution liability; and (h) crime coverage. Such liability insurance shall be maintained in the following minimum amounts throughout the Term: Commercial General Liability $1,000,000 per occurrence $1,000,000 personal and advertising injury $1,000,000 products-completed operations aggregate Umbrella or Excess Liability $5,000,000 per occurrence and aggregate Automobile Liability $1,000,000 per accident(PI and PD combined single limit) $1,000,000 uninsured/underinsured motorist MANAGEMENT SERVICES AGREEMENT -29- 8/2018 Workers Compensation Workers Compensation: Statutory Employer's Liability: $100,000 each accident-bodily injury by accident $500,000 policy limit-bodily injury by disease $100,000 each employee-bodily injury by disease Professional Liability/Errors & Omissions (Claims Made basis) $1,000,000 each occurrence/aggregate Employment Practices Liability Insurance (Claims Made basis) $1,000,000 Pollution Liability(Claims Made basis) $1,000,000 Crime Insurance Coverage on all on-site Manager employees. Limit: $500,000.00 MANAGEMENT SERVICES AGREEMENT -30- 8/2018 EXHIBIT E TRANSITION COSTS �G SPECTRA Spectra Performing Arts and Events Center of Federal Way Estimated Transition Budget Personnel Related Expenses Relocation ...................................................._.».». ._._._._._.»._ $20.000 General Manager 15,000 Other 5,000 Travel ........................................................._._._._._..._._._._._._._._..._._._._. $2.250 GM/Director Candidates Interview Trips 3 Cost Per Trip(2 days/1 night) $750 Recruitment Cost Cost per Background Check $50 Number of Checks 50 Recuitment Ad Placements $1,000 Total Personnel Expenses $25,750 Corporate/Regional Travel Expenses Corporate Travel Expenses per Trip(based upon 2 nights/3 days): Air Airfare(average) $600 Transportation($50 per day) $150 Hotel($125 per night) $250 Expenses($75 per day) 5225 $1,225 Estimated#of Trips SVP/Regiona VP 5 $6,125 Facility Accounting 3 53,675 Human Resources 2 52,450 Food&Beverage 4 54,900 Sales&Marketing 3 53.675 Total Corporate Trips 17 $20,825 Total Travel Expenses 520,825 TOTAL TRANSITION EXPENSES .I 546,575 I MANAGEMENT SERVICES AGREEMENT -31 - 8/2018