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2010-05-18 HEX# 10-004 Exhibit VAFTER RECORDING RETURN TO: Annmarie Petrich 1900 W. Nickerson Street, Ste 209 Seattle, WA 98119 20100218000744 KING COUNTY, UA COVENANT Grantors: Village Green of Federal Way, A Retirement Community LLC; Monte B. Powell; Diane E_ Powell Grantee: The City of Federal Way Legal Description (Abbreviated): Lot B and Lot D of BLA 00-104014-00-SU Assessor's Tax Parcel Nos.: 302104-9146; 302104-9017 Reference No. of Documents: N/A Released or Assigned: N/A THIS AFFORDABLE HOUSING COVENANT ("Covenant") is made as of 2010, by VILLAGE GREEN OF FEDERAL WAY, A RETIREMENT COMMUNITY LLC, a Washington limited liability company, Monte B. Powell and Diane E. Powell (collectively "Owners"), for the benefit of THE CITY OF FEDERAL WAY, a municipal corporation ("City"), with reference to the following facts: A. Village Green of Federal Way, A Retirement Community LLC is the owner of that certain parcel of real property commonly known as Cottages West (referred to as the "VG Property") and legally described as: EXHIBIT_-� � PAGE-L-O"ram_ Lot B, City of Federal Way Boundary Line Adjustment No_ 00-104014-00- SU, recorded under King County Recording Number 20011205900002, said Boundary Line Adjustment being a portion of the west half of the northeast quarter of the northeast quarter in Section 30, Township 21 North, Range 4 East, W_M_, in King County Washington_ Tax Parcel No. 302104-9146 B. Monte B. Powell and Diane E_ Powell are the owners of that certain parcel of real property legally described as: Lot D, City of Federal Way Boundary Line Adustment No_ 00-104014- 00-SU, recorded under King County Recording Number 20011205900002, said Boundary Line Adjustment being a portion of the west half of the northeast quarter of the northeast quarter in Section 30, Township 21 North, Range 4 East, W.M., in King County Washington_ Less: A portion of the Northeast Quarter of the Northeast Quarter of Section 30, Township 21 North, Range 4 East, W_M., in King County, Washington described as follows: Beginning at the intersection of the centerline of 2"d Avenue Southwest with the west line of Lot D, City of Federal Way Boundary Line Adjustment No. OQ 104014-00-SU, recorded under King County Recording Number 20011205900.002; Thence along the northerly projection of the centerline of said 2nd Avenue Southwest and the west line of said Lot D, North 01 °27'52" East, 133.60 feet to a point of intersection with the north line of 2nd Avenue Southwest; Thence along the easterly projection of said north line, South 88047'44" East, 30.00 feet to a point on the northerly projection of the east line of said 2°d Avenue Southwest; Thence along the northerly projection of said east line, South 01 °27'S2" West, 133.76 feet to a point of intersection on the exterior boundary of said Lot D; Thence along said exterior boundary, North 88'30' 11" West, 30.00 feet to the point of beginning; Containing 4,010 square feet, more or less. Tax Parcel No. 302104-9017 C. The VG Property and the Powell property are collectively referred to as the "Property"_ D. The City has granted Owners approval to construct on the Property a senior housing development -(the "Project") subject to the following requirement: That a minimum of five percent (5%) of the Project housing units be established as Affordable Housing units as defined below- 2 EXHISIT IPA OF E_ If the Affordable Housing units are provided, in accordance with City of Federal Way Revised Code Section 19.1 10.010(3)(a), the Project may exceed 205 units. F. The total Affordable Housing units required for the Project may be provided within units constructed solely on the Powell property. G. As a condition of the City's approval of the Project, Owners are required to impose certain covenants on the Property. NOW, THEREFORE, in consideration of the foregoing recitals and for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Owners agree as follows: 1. Definitions. For the purposes of this Covenant, the following terms shall have the following meanings: a. "Affordable Housing" means dwelling units that are offered for rent at a Rental Rate that is affordable to those individuals and families having incomes that are 80 percent or below the median county income. b_ "Rental Rate" means charges for occupancy of a unit exclusive of charges for utilities (including, but not limited to, electricity, sewer, garbage, water, gas, telephone and cable television), activities, transportation, housekeeping, yard maintenance, meals, and personal care services. 2_ Affordable Housin-, Covenant Owners agree that a minimum of five percent (5%) of the constructed Project units (not including any bonus market rate units allowed by FWRC 19.110.010(3)(a)) will be Affordable Housing units_ 3. Duration. This Covenant shall terminate and be of no further force and effect at the end of the life of the Project_ 4. Governing Law. This Covenant shall be construed under and enforced in accordance with the laws of the State of Washington without regard to any conflicts of laws principals. 5. Successors and Assigns_ All of the terms and conditions of this Covenant shall run with the land and shall be binding upon the assigns; heirs and successors of Owners. EHid' PAGE�OF fN WITNESS WHEREOF the parties have executed this Agreement the day and year first written above. Monte B. Powell Manager, Village Green of Federal Way, A Retirement Community LLC. 4e Monte B. Powell COUNTY OF KING ) ss STATE OF WASHINGTON ) Diane E. Powell On this date personally appeared before me, 1llonte B_ Powell, to me known to be the Manager of Village Green of Federal Way, A Retirement Community LLC and who executed within and foregoing instrument, and acknowledged that he/she or they signed the same as his/her or their free and voluntary act and deed, for the Use and purposes therein mentioned. Given under my hand and official seal this.3-rd i4 %9 Printed Name_ G� NOTARY PUBLIC in and for the State, of! Washington, residing at redef2oy l My Commission Expires 17 n EXH1, PA E-J-0 COUNTY OF KING ) ss STATE. OF WASHINGTON ) On this date personally appeared before me Monte B. Powell, to me known to be the individual or individuals described in and who executed within and foregoing instrument, and acknowledged that he/she or they signed the same as his/her or their free and voluntary act and deed, for the use and purposes therein mentioned. Given under my hand and official seal this 6�rd day of Q -�?-01D �011111rI1�� 4M�rrfi�� f . Y P{/' Printed Name- NOTARY PUBLIC in and or t e State of = �� Washington, residing at My Commission Expires :7 - D �i , •� COUNTY OF KING ) ss STATE OF WASHINGTON ) On this date personally appeared before me Diane E. Powell , to me known to be the individual or individuals described in and who executed within and foregoing instrument, and acknowledged that he/she or they signed the same as his/her or their free and voluntary act and deed, for the use and purposes therein mentioned_ Given under my hand and official seal this Ord day of4&1d,�4A� Printed Name: I&IIDdaL NOTARY PUBLIC in and for Washington, residing MA, My Commission Expires fD-�►JI k