AG 98-098 - ENCHANTED PARKS, INCWhen Recorded, Return to:
HILLIS CLARK MARTIN & PETERSON, P.S.
Attention: Ann M. Gygi
500 Galland Building
1221 Second Avenue
Seattle, WA 98101-2925
SC;ANNED
P~GE e~20~ ~47
KZNG COUNTY, ~
FIRST AMENDMENT TO CONCOMITANT DEVELOPMENT
AGREEMENT, ENCHANTED PARKS, INC.
Grantor: 1) ENCHANTED PARKS, INC. 2) CITY OF FEDERAL WAY
[] Additional on page __
Grantee: 1 ) THE PUBLIC
[] Additional on page __
Legal Description (abbreviated):
2)
Those portions of the SW ¼ of Section 28, SE 'A or Section 29, NE
¼ of Section 32, NW ¼ or Section 33, Township 21 N, Range 4
East, W.M., King County, Washington
[] Additional on : EXHIBIT A TO CONCOMITANT DEVELOPMENT AGREEMENT
Assessor's Tax Parcel ID #: 721265-2310, 234550-0440, 721265-
2350, 282104-9025, 282104-9026
Reference Nos. of Documents Released or Assigned:
THIS AMENDMENT is made this ~day of June, 2000, to
that
certain
Concomitant Development Agreement for Enchanted Parks, between the CITY OF
FEDERAL WAY ("The City"), and ENCHANTED PARKS, INC. ("Enchanted Parks"),
dated March 3, 1998, (the "Concomitant Development Agreement").
RECITALS
WHEREAS the Concomitant Development Agreement established a three-phase
landscaping plan for the perimeter of Enchanted Parks, and authorized that the landscape
implementation be phased over three consecutive years, from 1999 through 2001; and
Enchanted Parks Amend
#149252 15361-4 375w03!.doc 6/28/00
WHEREAS Enchanted Parks has proposed a revision to the phasing to install the
landscaping sequentially from South to North advancing around the perimeter of the
property; and
WHEREAS the Concomitant Development Agreement authorizes the Director of
Community Development Services, at the request of Enchanted Parks, to authorize minor
modifications to the land use provisions set forth in the Concomitant Development
Agreement; and
WHEREAS the parties agree that the proposed landscape phasing revision
constitutes a minor modification to the Concomitant Development Agreement; and
WHEREAS this amendment is made upon the basis of the foregoing premises,
and in consideration of the mutual promises and agreements herein and the mutual
benefits to be derived by the parties therefrom.
AMENDMENT
2.1 The landscape phasing provisions of Section 4.2.5 (Perimeter
Landscaping) of the Concomitant Development Agreement is revised as follows:
Landscaping Improvements.
Enchanted Parks shall complete landscaping improvements to the perimeter
landscape areas on the Enchanted Park property as set forth on the following
timeline:
Phase I:
Phase Il:
Phase III:
November 30, 2001
November 30, 2000
November 30, 1999
The physical boundaries of each landscape phase shall remain as set forth on
Exhibit G to the Concomitant Development Agreement.
... (The remainder of Section 4.2.5 to remain unchanged.)
2.2 It is determined that Enchanted Parks has proceeded in good faith to meet
the landscape phasing timeline requirements, as demonstrated by the City's approval on
February 2, 2000 of the landscape plans for Phases II and III. The landscaping for Phase
III shall be installed per the approved plans as soon as possible.
Enchanted Parks Amend
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2.3 All other provisions of the Concomitant Development Agreement not
specifically amended herein shall remain in full force and effect.
EXECUTED the day and year first above written.
By: ....
Its ]5~ector~of Comn'~qity DevelOpment
ENCHANTED PARKS, INC., a
Washington corporation
Enchanted Parks Amend
#149252 15361-4 375w03!,doc 6/28/00
STATE OF WASHINGTON
COUNTY OF KING
SS.
On this day personally appeared before me ~'~x'~o,~ r-~£rt, v,., to me known to be
a [he~- ,,"i' ~.~.',oa~.r~ j~lnT'of THE CITY OF FEDERAL WAY, that executed the
· % / .
foregoing Instrument, and acknowledged such instrument to be the free and voluntary act
and deed of such limited liability company, for the uses and purposes therein mentioned,
and on oath stated that he was duly authorized to execute such instrument.
GIVEN UNDER MY HAND AND OFFICIAL SEAL this
~'"o'~ V ., 2000.
.~-? day of
Printed Name
NOTARY PUBLIC in and for the State of Washington,
residing at
My Commission Expires
STATE OF WASHINGTON
COUNTY OF KING
SS.
On this day personally appeared before me Jeff Stock, to me known to be the
President of ENCHANTED PARKS, INC., a Washington corporation, that executed the
foregoing instrument, and acknowledged such instrument to be the free and voluntary act
and deed of such political subdivision, for the uses and purposes therein mentioned, and
on oath stated that [he/she] was duly authorized to execute such instrument.
GIVEN UNDER MY HAND AND OFFICIAL SEAL this ~ day of
: ~~~~ ~ NO[ARY PUBLIC in and for the State of Washington,
~ ~'~'- ~0 ~-- ~ residingat
/'. ~ ~ ~ ~ ~ ~ My Commission Expires
Enchanted Parks Amend
#149252 15361-4 375wO3!.doc 6/28/00
CONCOMITANT
DEVELOPMENT AGREEMENT
The City of Federal Way
Enchanted Parks, Inc.
DATE: 1/30/98
I:\ENCHTEDWXCONCOMAG.CC/March 25, 1998
TABLE OF CONTENTS
2.
3.
3.2.
3.2.2.
3.3.
3.3.2.
3.3.3.
3.4.
3.5.
3.6.
4.
4.2.
4.2.2.
4.2.3.
4.2.4.
4.2.5.
4.2.6.
4.2.7.
4.2.8.
4.2.9.
4.3.
5.
6.
7.
8.
8.2.
8.3.
9.
Definitions ....................................................... 3
Petition for Annexation ............................................. 3
Establishment of Planning and Zoning ................................. 4
Comprehensive Plan ............................................... 4
Zoning .......................................................... 4
Permitted Uses .................................................... 4
Development Regulations ........................................... 4
Environmentally Sensitive Areas ...................................... 4
Mud Lake ........................................................ 4
Parking Lot Expansion Area ......................................... 5
Parcel Q ......................................................... 5
Height Restrictions ................................................. 5
Retail Sales ....................................................... 6
Street Vacation .................................................... 6
Conformity of Existing Uses and Development Within the Developed Area .... 6
Hours of Operation ................................................ 6
Improvements .................................................... 7
Parking .......................................................... 7
Existing Parking ................................................... 7
Signage .......................................................... 7
Drainage, Water Quality and Parking Lot Expansion ...................... 8
Perimeter Landscaping ......................... · .................... 11
Extensions of Time ........ :... .................................... 11
Outdooi' Uses .................................................... 12
Access ......................................................... 12
Lighting ........................................................ 12
Traffic ......................................................... 12
Utility Service ................................................... 12
Mitigation and Impact Fees ......................................... 12
Regulation of Amusernent Rides ..................................... 13
Future Improvements .............................................. 13
Maintenance and Renovation Activities Within the Developed Area ......... 13
Amusement Rides ................................................ 13
Parking Lot Expansion ............................................. 13
Compliance with Other Codes ................... : .................... 14
Tax Matters ..................................................... 14
Obligation to Annex ............................................... 14
Failure of Condition ............................................... 14
Withdrawal ...................................................... 15
General Provisions ........... · ..................................... 15
Concomitant Development Agreement
#28060 15361-2 LNGI5!.DOC 1/30/98
page i of ii
12.1.
12.2.
12.3.
12.4.
12.5.
12.6.
12.7.
12.8.
12.9.
12.10.
13.
14.
15.
16.
LIST OF
EXHIBIT
EXHIBIT
EXHIBIT
EXHIBIT
EXHIBIT
EXHIBIT
EXHIBIT
EXHIBIT
EXHIBIT
EXHIBIT
EXHIBIT
EXHIBIT
EXHIBIT
EXHIBIT
Governing Law ................ , ................................. 15
Binding on Successors; Assignment .................................. 15
Recording ....................................................... 15
No Severability .................................................. 15
Authority ....................................................... 16
Term of Agreement ............................................... 16
Amendment ..................................................... 16
Exhibits ........................................................ 16
Headings ........................................ · ............... 16
Integration ...................................................... 17
Indemnification .................................................. 17
Compliance ..................................................... 17
Police Power .................................................... 17
Effective Date ................................................... 17
EXHIBITS
A Legal Description
B Site Plan - Structures
C Office Park 4 Zone (Op-4) Development Regulations
D Site Plan - Parking
E Height Restrictions - Area Map
F Drainage Improvements (Summary - Complete Text at City Hall) &
October 28, 1997, Letter from ESM, Inc.
F-I Parking Lot Expansion - Site Plan
F-2 Parking Lot Expansion - Landscape Plan
G Landscaping
H Site Plan - Access
I Site Plan - Lighting
J Site Plan - Development Activities
K Traffic Report
L Wetlands Report
Concomitant Development Agreement
#28060 15361-2 LNG I 5!.DOC I/'30/98
page ii of ii
CONCOMITANT
DEVELOPMENT AGREEMENT
Enchanted Park
THIS AGREEMENT is made and entered into this __ day of .,
1998, by and between the CITY OF FEDERAL WAY, a non-charter optional municipal
code city organized and existing under the laws of the State of Washington (the "City" or
"Federal Way"), and ENCHANTED PARKS, INC., a Washington corporation
("Enchanted Park").
RECITALS
Federal Way has the authority under RCW 36.70B. 170-.210 and Chapter 19,
Section 104 of the Federal Way City Code (FWCC) and other laws of the State of
Washington to enact laws and enter into agreements to promote the health, safety, and
welfare of its citizens and thereby control the use and development of property within its
jurisdiction, and to undertake the annexation of contiguous property located outside of its
boundaries pursuant to ch. 35A. 14 RCW.
Enchanted Park is the owner of certain real property situated in unincorporated King
County, Washington, which property is more particularly described on EXHIBIT A
attached hereto and incorporated herein by this reference (the "Property" or the
"Enchanted Park Property").
The Enchanted Park Property is presently operated as a Regional Commercial
Recreational facility with an outdoor/indoor amusement facility and water slide and
aquatics park, with associated parking, maintenance, games of skill and chance, food
service and office uses. The Enchanted Park Property is developed generally as shown on
the site plan (the "Site Plan") set forth in EXHIBIT B attached hereto. Enchanted Park
anticipates the need, from time to time, to operate, improve, and expand its existing
operations on the Enchanted Park Property. It is anticipated that the existing use of the
Enchanted Park Property, as it may be modified and expanded, will continue for at least
twenty (20) years.
The City and. King County have been conducting certain p. lanning efforts as required
by the Growth Management Act, RCW 36.70A. Both the County and the City have
identified the Property as within King County's Urban Growth Area, and both parties
have previously agreed that the Property is within the potential annexation area of Federal
Way. The Property is currently zoned "Regional Business", "Neighborhood Business"
and "Urban Residential (4 du/ac)" by King County and the zoning map effective
August 1, 1996, of the City of Federal Way designates the property OP-4.
Concomitant DeveLopment Agreement
#28060 15361-2 LNGIS!.DOC 1/30/98
page I of 19
Enchanted Park is contemplating annexation of the Property into the City; however,
Enchanted Park seeks certainty as to the zoning and other regulations which would be
applicable to the PrOperty should it be annexed into the City.
The City is interested in annexing the Property because it is located within the City's
potential annexation area and urban services can be adequately provided. In addition, the
City recognizes numerous public benefits associated with the annexation of the Property,
i.e., managing growth and fiscal benefits, as well as intangible benefits that may be
associated with having Enchanted Park's facility located within the City limits.
The City has reviewed an environmental checklist in connection with this
Concomitant Development Agreement (the "Agreement"). In compliance with the State
Environmental Policy Act ("SEPA") and the City of Federal Way SEPA procedures, the
City prepared an environmental impact statement (EIS) for the City of Federal Way's
Comprehensive Plan, adopted November 21, 1995, and Zoning Ordinance, which EIS
reviewed and considered the Comprehensive Plan and Zoning designation for the
Enchanted Park Property, but did not review the development regulations of the zoning
for the property that are contemplated by this Agreement. The City has reviewed an
Environmental checklist for the proposed actions included within this Concomitant
Agreement and has issued a Determination of NonSignificance and subsequent
Addendum. Future development actions not contemplated in this Agreement shall be
subject to their own SEPA review.
Enchanted Park and neighboring property owners submitted to Federal Way a
petition to commence annexation proceedings. On March 21, 1995, the Federal Way City
Council met to discuss the Enchanted Park Annexation. The Federal Way City Council
directed that for the Enchanted Park Property, Federal Way would adopt upon annexation
specific zoning and land use regulations to govern that property for the period of time set
forth in the Concomitant Development Agreement to be approved by the City Council.
The Federal Way City Council has directed that zoning and development regulations
for the Enchanted Park Property be designed so as to permit the continued operation and
development of the Enchanted Park Property in accordance with its existing use, with
limited expansion and modification of that use allowed, so long as certain operations on
the Property are brought into compliance with City Codes, as outlined by the terms of this
Agreement.
The parties now wish to enter into this Agreement in order to set forth in greater
detail the provisions with respect to Federal Way's administra.tion of zoning and
development regulations, and other municipal authority.
Now, THEREFORE, for and in consideration of the mutual covenants and agreements
contained in this Agreement, the parties hereby covenant and agree as follows:
Concomitant Development Agreement
#28060 15361-2 LNOI5!.DOC 1/30/98
page 2 of 19
AGREEMENTS
1. DEFINITIONS
For the purposes of this Agreement, the following terms shall have the meanings set
forth below:
I. "FWCC" shall mean the Federal Way City Code as presently enacted or
hereafter amended.
2. "Enchanted Park Annexation" shall mean the proposed annexation of the
Enchanted.Park Property and the King County-owned property legally described in the
Annexation petition submitted by Enchanted Parks, Inc. to the City of Federal Way.
However, the terms and conditions of this Agreement shall not apply to the Kine County-
owned property.
3. "Enchanted Park Property" or "Property" shall mean that certain property
legally described in EXHIBIT A attached hereto.
4. "Land Use Codes" shall mean those regulations, ordinances and rules of the
City of Federal Way governing the use and development of land, including without
limitation, chapters 18 through 22 of the FWCC, as may hereafter be amended.
5. "Regional Commercial Recreational Facility" shall mean a use operated for
profit, with private facilities, equipment and/or services, both indoor and outdoor for
entertainment and recreational purposes, including large- and small-scale amusement
rides, roller coasters, aquatic park facilities, swimming pools, accessory video and movie
facilities, petting zoos, and other similar uses. Such a use shall be ora scale or offer
unique recreational opportunities so as to provide recreational services of a regional
nature. The use of such area may be limited to private membership or may be open to the
public upon payment of a fee.
6. "Zoning Code" shall mean Chapter 22 of the Federal Way City Code.
2. PETITION FOR ANNEXATION
The parties understand that Enchanted Park has filed a petition for annexation with
the City conditioned on obtaining a Concomitant Development Agreement adopted by the
City Council. The parties agree that no notice of intent to annex or annexation action may
be filed with the Boundary Review Board until this Concomitant Development
Agreement has been fully executed by both parties and the City has adopted the
pre-annexation land use zoning regulations set forth in Section 3. herein by ordinance. In
the event pre-annexation land use zoning regulations acceptable to Enchanted Park is not
approved by the City by July 1, 1998, then Enchanted Park may withdraw its support for
this annexation. Following execution of this Concomitant Development Agreement, the
City agrees to submit to the Washington State Boundary Review Board of King County
Concomitant Development Agreement page 3 of 19
#28060 15361-2 LNGI5!.DOC 1/30/98
("BRB") a notice of intent to annex the Property described in the petition for annexation.
3. ESTABLISHMENT OF PLANNING AND ZONING
3.1. Comprehensive Plan
The City Council has lawfully established a "Commercial Recreation" classification
for the Property on the City official comprehensive plan map, pursuant to FWCC Section
19- 100(b) and the City of Federal Way's Comprehensive Plan.
3.2. Zoning
If the petition for annexation is approved by the City, and BRB review is not
invoked, or in the alternative, if BRB jurisdiction is invoked but the review process
sustains the petition for annexation, then the City shall lawfully adopt an ordinance
annexing the Property subject to application of the Office Park-4 Zone, and the OP-4
development regulations; Exhibit C, hereto. The City may also, upon approval of the
petition for annexation, simultaneously adopt an ordinance annexing the property
effective upon passage of forty-five (45) days or issuance of a BRB decision sustaining
the annexation if BRB jurisdiction is invoked.
3. 2.1. Permitted Uses
All those uses permitted in the OP-4 zone, as set forth in this Agreement and
EXHIBIT C attached hereto, shall be permitted on the Enchanted Park Property.
3. 2. 2. Development Regulations
The development regulations for the Property shall be those applicable to the
OP-4 zone as set forth in this Agreement, and by the provisions of EXHIBIT C,
attached hereto.
3.3. Environmentally Sensitive Areas
3.3.1. Mud Lake
As discussed in Exhibit L, "Enchanted Lake" or "Mud Lake" was, at one time, a
wetland located on the Property. Over the past twenty (20) years, King County
allowed urban development in the area and in a manner that caused the wetland to
cease functioning as a wetland. At this point, the water bo~ly essentially functions as
a surface water detention facility and provides an aesthetic amenity for the complex.
As a surface water retention pond in a closed depression, "Mud Lake" is not subject
to regulation under Chapter 18, Article III, "Shoreline Management" or Chapter 22,
Article XIV, "Environmentally Sensitive Area" of the FWCC.
Concomitant Development Agreement
#28060 15361-2 LNGI 5!.DOC 1/30/98
page 4 of 19
3. 3.2. Parking Lot Expansion Area
A portion of the area north of South 369th Street proposed for parking lot
expansion is wet as the result of drainage activity from Mud Lake. Since this area
has become wet as the result of artificially created drainage, it is exempt from
regulation, pursuant to the OP-4 development regulations, Section V.B, contained
within EXHIBIT C hereto.
3.3.3. Parcel Q
Enchanted Park acknowledges that any areas classified as environmentally
sensitive pursuant to Chapter 22, Article XIV of the "Environmentally Sensitive
Areas" of the FWCC and located on Parcel Q, shown on EXHIBIT J, have not been
artificially, intentionally or accidentally created by human activity and do not fall
within the exemption contained in Section V.B of the OP-4 development regulations
contained within EXHIBIT C hereto.
3.4. Height Restrictions
The following height restrictions shall be applied to the areas, as designated on
EXHIBIT E, within the OP-4 Zone:
Area Regional Commercial
Number Recreational Facility Uses
1 35'
2 55' base height,
maximum height 75"
3 125'
HEIGHT RESTRICTIONS
Non-Regional Commercial
Reci'eational Facility Uses
3 stories or 35',
whichever is greater
55' base height, maximum of 70', for
office use'
55' base height, maximum of 75' for
hotels '
35' base height, maximum of 55' for all
other uses'
55' base height, maximum of 70', for
Oft'~ce use'
55' base height, maximum of 75' for
hotels '
35' base height, maximum of 55' for all
other uses'
If approved through'Process !I1, the height of the structure may exceed the base
height, up to the maximum height, provided each required yard abutting the
structure is increased l' for each 1' the structure exceeds the base height above
average building elevation.
Concomitant Development Agreement page 5 of 19
//28060 15361-2 LNGIS!.DOC 1/30/98
3.5. Retail Sales
Retail sales, general and specialty, shall be allowed on the Property, not to exceed
100,000 square feet of gross floor area, provided that development of any retail sa]es on
Parcel Q, as legally described in EXHIBIT A hereto, shall not count against such limitation.
3.6. Street Vacation
The City shall support, or upon annexation of the Property will complete the process
for vacation of right-of-way currently pending before King County, File No. 9400935,
provided only that portion of the right-of-way not needed for potential widening of
Milton Road is vacated.
4. CONFORMITY OF EXISTING USES AND DEVELOPMENT
WITltIN THE DEVELOPED AREA
The City agrees that, upon annexation, all existing uses, buildings and development
on the Property may continue in existence as is, and will not require alteration to conform
to any different Federal Way standards, except as provided for elsewhere in this
Agreement or otherwise required to meet uniform fire safety codes and other life/safe~'
requirements under the UFC and UBC. Nothing in this section shall constitute a warranty
of any kind by the City, including the habitability of existing structures. This Agreement
contemplates that renovation and certain redevelopment of the Regional Commercial
Recreational Facility uses currently located on the Enchanted Park Property may occur
without imposing upon Enchanted Park the need or the requirement to undertake
improvements or to change existing uses and structures to conform to the current FWCC,
except as otherwise required by this Agreement. The provisions of Chapter 22, Article IV
"Nonconformance" FWCC, shall not be applied to the Regional Commercial Recreation
Facility uses in existence within the developed area as shown on EXHIBIT B as of the date
of this Agreement, but shall apply to all other Regional Commercial Recreational
Facilities outside of the developed area and any new Non-Regional Commercial
Recreational Facilities on the Property subsequent to the date of this Agreement.
4.1. Hours of Operation
The normal hours of operation for the uses on Enchanted Parks Property shall be
permitted from 9:30 a.m. to 10:00 p.m., seven days a week; pr~ovided that Enchanted
Parks may, from time to time, but not exceeding 15 times per year, maintain operations
later than 10:00 p.m. for special events, such as high school graduation parties. In
addition, operations of facilities on the Northern portion of the property (as depicted by a
dividing line on EXHIBIT J) shall be permitted until 1:00 a.m. No outdoor music audible to
any residential areas shall be allowed after 10:00 p.m. Enchanted Parks shall fully comply
with the City Noise Ordinance, glare and lighting requirements; and shall modify, if
Concomitant Development Agreement
#28060 15361-2 LNGIS!.DOC 1/30/98
page 6 of 19
directed by the Director of Community Development Services, noise and lighting to
minimize any impacts to the developed adjacent residential areas.
4.2. Improvements
4. 2.1. t~arking
The parking areas and vehicle loading areas indicated on the parking plan
attached as EXHIBIT D constitute sufficient parking to .support the uses of the
Enchanted Park Property existing on the date of this Agreement, and the physical
development and layout of such parking (including but not limited to stall width.
drive aisle width and location, surface improvement, landscaping and drainage) may
continue in existence subject to the provisions of this Agreement.
4. 2.2. Existing Parking
Enchanted Park will maintain the existing number of baseline parking stalls as
shown on EXHIBIT D at all times. If expansion of Regional Commercial Recreational
uses is proposed to occur on existing parking lots, the lost parking stalls shall be
replaced to maintain the number of baseline parking stalls shown on EXHImT D.
These new stalls shall be constructed consistent with FWCC. For example, if new
water slides are added to the park by expansion into an existing parking lot, the lost
parking stalls will be replaced to maintain the baseline parking requirement.
If expansion of Regional Commercial Recreational uses occurs outside of the
existing boundary lines of the Park, as shown on EXHImT J, additional parking stalls
shall be added to the baseline parking stalls in an amount determined by the City, to
accommodate expansion or intensification of the facility. Enchanted Park shall
submit documentation that the additional stalls, if any, will appropriately
accommodate the proposed expansion. If the expansion also displaces any existing
parking stalls, the lost stalls will be replaced to maintain the number of baseline
parking stalls shown on EXHIBIT D. Any required new parking stalls shall be
constructed consistent with FWCC in effect at the time of the expansion.
If Enchanted Park proposes to add new uses which are not part of the Regional
Commercial Recreational Facility Use to the park operation, additional parking shall
be added to the baseline parking requirement consistent with the FWCC. If the new
use displaces any baseline parking stalls, those stalls shall also be replaced.
:
4.2.3. Signage
Lighting and signage integral and accessory to amusement rides installed on the
Enchanted Park Property, and incidental and decorative lighting (such, for example,
lighting or laser light displays), shall not be regulated as "signs" under the FWCC.
All signs on the Enchanted Park Property shall comply with applicable provisions of
Concomitant Development Agreement
#28060 IS361-2 LNGI$1.D(X~ 1/30/98
page 7 of 19
the Federal Way Sign Ordinance, codified at FWCC 22-335 and Article XVIII of the
FWCC, or as amended, or shall comply with EXHImT C, as applicable.
4. 2. 4. Drainage, Water Quality, and Parking Lot Expansion
Certain mitigation measures, as set forth in Section 4.2.4.1 below, and b~ed
upon the drainage and water quality study contained in the attached EXHIBIT F, are
required to control the flow and quality of runoff from the Property. Enchanted Park
shall be required to maintain the drainage and water quality facilities described in
EXHmIT F and the City acknowledges that such facilities, with the provisions
required by Section 4.2.4.1 are adequate for Regional Commercial Recreational
Facilities on the property. A new drainage and/or water quality study and additional
drainage or water quality improvements shall be required, however, if: 1) 75% or
more of the annexation area is redeveloped or proposed to be redeveloped into uses
other than Regional Commercial Recreational Facility uses; 2) the drainage
improvements serving the Property no longer meet state or federal drainage or water
quality requirements; or 3) water leaving the Property fails to meet the then
applicable water quality requirements.
Approval Process ~ Parking Lot Expansion
The proposed 1,065 parking lot expansion on the southern 11.47 acres (Parcel V
as described on EXHIBIT A) will be granted Process III/Project Approval effective
upon annexation. The layout of the improvements and use of Parcel V for parking
has been reviewed and approved by the City contingent on meeting all required
codes except as otherwise set forth in this agreement, and subject to approval of the
annexation by the City Council. Prior to construction of any phase of the parking lot,
final approval of the construction plans in conformance with the approved drainage
study and all other city requirements must be obtained. The City will issue the
necessary permits for the Phase I parking improvements within thirty (30) days after
receiving the necessary permit applications for Phase I following the effective date
of the annexation. In addition, construction of the Phase I parking improvements
may only occur once the Part I drainage improvements have been completed.
Process III/Project Approval for Phases I and II of the parking lot expansion shall be
effective for seven (7) years from the date of approval.
Drainage Improvements
Part I Drainage Improvements -- These improvements consist of construction
of pumping modifications necessary to operate Mud Lake as proposed in the
Drainage System Evaluation of the Enchanted Village/Wild Waves Site, and water
quality measures as described in the October 28, 1997 letter from ESM, Inc. l~xmmr
F. They will include construction of a temporary control structure on the north side
of the roadway fill of South 369th Street, and embankment compaction of the
roadway fill from the control structure to the elevation of the control structure
Concomitant Development Agreement
#28060 15361-2 LNGIS.).DOC 1/30/98
page 8 of 19
overflow pipe. These requirements will allow the pumped discharge from Mud Lake
to meet the requirements of the approved drainage study referenced above. These
improvements shall be installed no later than September 30, 1998.
Pumping Station Operation
To assure reliable and safe operation of the new pumping station, Enchanted
Park, Inc. shall comply with the following, which shall be included as conditions of
any permits granted for the improvements described in Sections 4.2.4 and 4.2.4.1:
Pumping shall be automatic, and shall be controlled by float switches or similar
sensors. Manual backup capabilities shall be provided for use in the event there is a
control malfunction.
A high-water alarm shall be provided to notify security in the event the lake
level exceeds a predetermined level. This feature will allow maintenance personnel
to determine what is causing the pumping problem and to correct the problem before
there is a danger of exceeding the maximum allowable lake levels.'
Enchanted Parks personnel shall be trained in the use and maintenance of the
pumping station, and shall keep an operations and maintenance manual in the station
to guide them in taking care of the facilities, and in troubleshooting any problems.
The pump station shall be equipped with lights and a heater to assure proper
operation during winter months.
Two pumps (one for standby) shall be provided. The pumps shall be operated
alternatively, to minimize excessive wearing on either pump. A run time meter shall
be provided on each pump to show the amount of actual pumping time, and to assist
with scheduling maintenance work.
Drainage Improvements ~ Parking Lot Expansion
Part H Drainage Improvements m These improvements consist of the proposed
1,065 parking lot proposed for the 11.47-acre Parcel V. The parking lot expansion is
proposed to occur in two phases, and at the option of Enchanted Park, the second
phase of the parking lot improvements can be completed in two steps instead of one,
provided that neither step is undertaken prior to the year 2002.
:
Phase I Parking ~ The first phase of the parking lot expansion will drain into
Mud Lake per the approved drainage plan. This work will consist of clearing,
grading, erosion-control measures, and construction of an asphalt-surfaced parking
lot for approximately 393 stalls on approximately 3.5 acres immediately east of
Milton Road and south the existing parking lot. Excess material removed from the
Phase I parking area may be stored on the site, as shown on a Grading plan approved.
Concomitant Development Agreement
#28060 15361-2 LNGIS!.DOC 1/30/98
page 9 of 19
by the City, provided the stockpiled material does not exceed 15,000 cubic yards and
is stockpiled consistent with the Grading plan. This stockpiled material will be used
as fill material for the Phase II parking lot construction. Per the October 28, 1997,
correspondence from ESM, Inc., water quality for the existing developed site
(approximately 47 acres) as of the effective date of annexation is handled by Mud
Lake which acts as a wet pond for the existing developed site, having approximately
1.89 times the required volume of 212,782 cubic feet.
Phase II Parking ~ The second phase of the parking lot expansion will include
clearing and grading as required to build the oversized detention ponds/wet pond in
conformance with the Drainage System Evaluation of the Enchanted Village/lt'ild
Waves Site, EXHIBIT F, and construction of the remaining parking lot. In this
scenario, the clearing, grading and landscaping for the entire remaining site would be
completed. The clearing and grading of the entire Phase II must be completed at one
time even though the parking may be constructed in two steps due to the need to
balance the earthwork on-site. If Enchanted Park decides to complete Phase II in two
steps, the first step would include the construction of only a portion of the parking
lot and the construction of the oversized detention pond/wet pond, with the
remainder of the site being hydroseeded to control erosion until the second step of
the Phase II parking, consisting of paving and striping, is completed. Any area
cleared and graded in Phase II shall require the installation of the perimeter
landscaping for the affected area, consistent with the Parking Landscaping Plan.
EXHIBIT F-2.
Water quality for Phase II parking lot improvements will be handled by the
oversized detention pond/wet pond and appropriate water quality control measures.
All drainage and water quality improvements shall be completed concurrent with any
cleating and grading activities.
Drainage - Pertnits
So long as Enchanted Park is proceeding in good faith and with due diligence to
satisfy its obligations hereunder, and has submitted plans for such improvements to
the City at least six (6) months in advance of the respective compliance date, the
obligation of Enchanted Park under Section 4.2.4 shall be conditioned upon the
timely issuance by Federal Way and other agencies ~vith jurisdiction of such permits
as may be required to authorize the improvements. If such compliance is delayed as a
result of the failure of an agency (other than Federal Way) to issue permits or
approvals required for this work, then the time for Enchanted Park's compliance
shall be extended as necessary to accommodate such delays, provided that Enchanted
Park posts a bond or other security acceptable to the City in an amount sufficient to
secure the cost of such work.
Concomitant Development Agreement . page 10 of 19
#28060 15361-2 LNGIS!.DOC 1/30/98
4. 2.5 Perimeter Landscaping
Certain landscaping measures set forth in Section 4.2.5.1 below are required.
The landscaping improvements for the replacement parking area as the result of the
development of to the "Wild Thing" amusement ride shall be consistent with the
existing landscaping on the parking lot to the south of the amusement ride arid shall
be completed no later than ninety (90) days after the effective date of the
Annexation.
C~
C~
Landscaping Improvements
Enchanted Park shall complete landscaping improvements to the perimeter
landscape areas on the Enchanted Park Property as set forth on EXHIBIT G:
Phase 1:
Phase 2:
Phase 3'
November 31, 1999
November 31, 2000
November 31,2001
Proposed Parking Facility: Upon completion of the proposed parking facilities
as described in EXHIBIT F-1, or upon completion of each phase of such parking
facility, adjacent perimeter landscape areas, as shown on EXHIBIT F-2 shall also be
completed, except as described in Section 4.2.4.4
So long as Enchanted Park is proceeding in good faith and with due diligence to
satisfy its obligations hereunder, and has submitted plans for such improvements to
the City at least six (6) months in advance of the respective compliance date, the
obligation of Enchanted Park under this subsection shall be conditioned upon the
timely issuance by Federal Way of a grading permit or other authorization, if
required to permit the landscaping improvements. If such compliance is delayed as a
result of the failure of an agency other than Federal Way to issue permits or
approvals required for this work, then the time for Enchanted Park's compliance
shall be extended as necessary to accommodate such delays, provided that Enchanted
Park posts a bond or other security acceptable to the City in an amount sufficient to
secure the cost and performance of such work.
4. 2. 6. Extensions of Time
Enchanted Park may petition the City for extension of any of the compliance
dates set forth above, and the Director of Community Deyelopment Services may
grant such extension for a reasonable period necessary to allow completion of the
work, so long as Enchanted Park has made good faith efforts to comply with the
stated compliance date, and posts bonds for 1.2 times the value of the work.
Concomitant Development Agreement
page 1 ! of 19
#28060 15361-2 LNGI5!.DOC 1/30/98
4.2. 7. Outdoor Uses
Such Regional Commercial Recreational Facility uses as Enchanted Park does
now or may hereafter conduct outdoors on the Enchanted Park Property under this
Agreement are permissible outdoor uses.
4. 2.8./tccess
The access and driveway locations on the Enchanted Park Property existing as
of the date hereof, as shown on the access plan marked as EXHIBIT H attached hereto,
are hereby acknowledged by the City and no changes to such improvements for the
existing uses will be required by the City. This does not supersede the jurisdiction of
the Washington State Department of Transportation regarding the driveway onto
Enchanted Parkway from the Enchanted Park Property. Direct vehicle access to
South 369th Street shall be prohibited so long as the Enchanted Park Property is
utilized as an Amusement Park.
4. 2. 9. Lighting
The lighting of the Enchanted Park Property existing as of the date hereof, as
shown on the lighting plan attached hereto as EXHIBIT I, is hereby acknowledged by
the City and no changes to such improvements for the existing uses will be required
by the City.
4.3. Traffic
As of the date of this Agreement, the parties, agree that the traffic generated by the
uses and activities on the Enchanted Park Property is as set forth in EXHIBIT K, attached
herein and incorporated herein. In the review of any future expansion of the water slide
park and amusement park uses on the Property, the City shall recognize an occupant-
to-vehicle ratio of 2.5 for such uses, consistent with the traffic report, EXHIBIT K.
5. UTILITY SERVICE
The City agrees to furnish all municipal services to the Property in the event it is
annexed, to the extent the City controls the municipal services either directly or by
contract.
6. MITIGATION AND IMPACT FEES;
Except as otherwise provided for in the Agreement, Federal Way shall not impose or
attempt to recapture any fees from Enchanted Park or impose other requirements on
Enchanted Park to mitigate potential impacts associated with the present Regional
Commercial Recreational Facility use of the Enchanted Park Property (including uses
authorized under Sections 8.1, 8.2, and 8.3 below), except to the extent that street,
Concomitant Development Agreement
page 12 of 19
#28060 15361-2 LNGIS!.DOC 1/30/98
sidewalk, or other public improvements may be required under FWCC Section 22-1473.
Enchanted Park shall be entitled to conduct uses and activities throughout the year on the
Property that do not exceed the average daily and peak hour traffic levels identified in
EXHIBIT K, without the need or requirement to pay mitigation or impact fees of any kind;
provided that use or development that exceeds such traffic levels in the future shall be
subject to such mitigation fees as the City may prescribe by ordinance. In the ever]t traffic
development fees or mitigation is imposed, the City agrees that it will allow Enchanted
Park to utilize a "pay and go" system, under which the payment of the applicant's fair
share impact fee or construction of any required on or off-site improvements will
constitute full off-site mitigation, and shall satisfy any concurrency requirement of the
City under the Growth Management Act; provided traffic study safety needs are
addressed to the satisfaction of the City's Public Works Director.
7. REGULATION OF AMUSEMENT RIDES
During the term of this Agreement and consistent with state law, regulation of the
operation of amusement rides on the Enchanted Park Property, including licensing and
inspection of such rides, shall be solely governed by the State of Washington Department
of Licensing (or successor state agency) and Federal Way shall not exercise such
regulatory authority, except as may be necessary pursuant to adopted Building Code
requirements. Federal Way will continue to perform the annual electrical inspection that
were previously performed by the Washington State electrical inspector.
8. FUTURE IMPROVEMENTS
Enchanted Park anticipates and the City acknowledges that, during the term of this
Agreement, certain renovation, repair, maintenance, expansion and redevelopment of the
Enchanted Park Property will occur, as set forth in this Agreement.
8.1. Maintenance and Renovation Activities Within the Developed Area
Enchanted Park shall be authorized to conduct all routine maintenance, repair, and
renovation activities as may be necessary or prudent in order to upgrade the existing
facilities or uses in the Enchanted Park Property without the need for permit approvals,
except, if applicable, electrical and tenant improvement permits. Any such activities will
not require existing structures to be modified to comply with the FWCC, except to the
extent necessary to comply with emergency service access, fire code and/or life-safety
code requirements as contained in the City's adopted UBC and UFC.
8.2. Amusement Rides
Within the area identified as "Development Area" on EXHIBIT J, Enchanted Park,
shall be entitled, from time to time and at its discretion, to move existing or add
additional Regional Commercial Recreational Facilities, subject only to Article IV.A,
Process I - Director's Approval or as set forth in Section 3.4 - Height Restrictions, and
Concomitant Development Agreement
#28060 15361-2 LNGIS!.DOC 1/30/98
page 13 of 19
SEPA, if applicable.
8.3. Parking Lot Expansion
Enchanted Park shall be permitted to expand its parking facilities in three ph.ases, at
its option, as described on EXHIBIT F-1 and EXHIBIT F-2, and Section 4.2.4. The parking
area shall be constructed in accordance with Federal Way City Codes; and Enchanted
Park shall be required to implement the drainage improvements set forth in Section 4.2.4
above in connection with any such development.
9. COMPLIANCE WITH OTHER CODES
Enchanted Park acknowledges that nothing in this Agreement shall be construed to
relieve it of the obligation to comply with such statutes, codes, or regulations as may be
applied to or enforced against the uses and activities on the Enchanted Park Property by
agencies with jurisdiction other than Federal Way.
10. TAX M^TTERS
If Federal Way imposes any fee, tax, or other monetary charge based upon the use of
the Enchanted Park Property, including without limitation, ticket taxes, admissions taxes
or fees, or concessions taxes (an "Admission Tax") during the term of this Agreement, in
consideration of the substantial cost to Enchanted Park of the improvements required
under this Agreement, and to the extent authorized by law, Federal Way agrees that any
Admission Tax will not be imposed upon any activities on the Property for a period of
twelve (12) months following notice to Enchanted Park of the proposed tax. This Section
shall not limit the City from imposing its local option business and occupation tax in
accordance with state law.
11. OBLIGATION TO ANNEX
The parties may elect to withdraw from this Agreement as follows:
11.I. Failure of Condition
For purposes of this Agreement, the condition (as set forth in Sections 2 and 3
above) requiring adoption by the Federal Way City Council of certain ordinances shall
not be deemed to be satisfied until such ordinances shall be adopted in proper form and
substance and until all appeal periods with respect to such ordinances (or any review
conducted in connection with such ordinances) shall have passed without any appeals
having been filed.
Concomitant Development Agreement
#28060 15361-2 LNGIS!.DOC 1/30/98
page 14 of 19
11.2. Withdrawal
Although Federal Way agrees to hold an annexation hearing as provided in
Section 2, nothing in this Agreement obligates Federal Way to adopt a final annexation
ordinance annexing any portion of'the annexation area nor to adopt this Agreement, but if
Federal Way does not do so prior to July 1, 1998, then Enchanted Park may withd'raw
from this Agreement as provided in this Agreement. Upon Federal Way's adoption of the
Annexation Ordinance and approval of'this Agreement by both parties, this Agreement
shall be binding upon Federal Way and Enchanted Park. Nothing in this Agreement shall
prevent the annexation of' the Enchanted Park Property by Federal Way, upon proper
fulfillment by Federal Way of' all petition and election procedures in accordance wida
State law. ·
12. GENERAL PROVISIONS
12.1. Governing Law
This Agreement shall be governed by and interpreted in accordance with the laws of
the State of Washington.
12.2. Binding on Successors; Assignment
This Agreement is intended to protect the value of the Enchanted Park Property, as
well as the public health, safety, and welfare of the City of Federal Way, and the benefits
and burdens inuring to the Property and the City as a result of this Agreement shall run
with the land and shall be binding upon Enchanted Park, its heirs, successors, and assigns
and upon the City Federal Way, for the term of this Agreement. This Agreement and its
benefits or burden shall be assignable by Enchanted Park, and to the extent a successor or
assign assumes the obligations of Enchanted Park under this Agreement, Enchanted Park
shall have no further liability or obligations under this Agreement.
12.3. Recording
This Agreement or memorandum hereof shall be recorded against the Enchanted
Park Property as a covenant running with the land and shall be binding upon Enchanted
Park, its successors and assigns. If this Agreement is terminated, Federal Way will
execute appropriate documents to so indicate.
12.4. No Severability
The provisions of this Agreement are not severable. In the event any provisions of
this Agreement are determined to be unenforceable or invalid by a court of law, then this
Agreement shall thereafter be rendered voidable at the option of either party, which
option shall be exercised in writing no 'later than ten (I 0) business days after the court
determination or thereafter shall be deemed waived. Provided, that no such determination
Concomitant Development Agreement
#28060 15361-2 LNGIS!.DOC 1/30/98
page 15 of ! 9
*4'
of invalidity occurring after the effective date of annexation shall affect the validity of the
annexation.
12.5. Authority
Federal Way and Enchanted Park each represent and warrant to the other that'it has
the respective power and authority, and is duly authorized to execute and deliver this
Agreement. Enchanted Park represents and warrants that it is the fee owner, contract
purchaser, or lessee of the Enchanted Park Property.
12.6. Term of Agreement
This Agreement shall remain in full force and effect for twenty (20) years from the
effective date of this Agreement unless terminated prior to that date by the mutual
agreement of the parties or by the City pursuant to Section 14 of the Concomitant
Development Agreement.
12.7. Amendment
This Agreement and attached exhibits may be modified only by a written instrument
duly executed by both parties. In the case of a proposed major modification by Enchanted
Park to the land use provisions set forth in this Agreement and Exhibits, the Process VI
procedures of the FWCC shall be utilized. At the request of Enchanted Park, the Director
of Community Development Services may authorize minor modifications to the land use
provisions set forth in this Agreement if the Director of Community Development
Services determines that a proposed modification to this Agreement does not constitute a
"major" modification hereunder. No such modification may impair or restrict the existing
uses or development of Enchanted Park under this Agreement; provided, however,
notwithstanding the provisions of this Agreement to the contrary, the City of Federal
Way may, without the agreement of Enchanted Park, adopt and impose upon the
Enchanted Park Property restrictions and development regulations different than those set
forth herein, if required by a serious threat to public health and safety.
12.8. Exhibits
Exhibits A through L attached hereto are incorporated herein by this reference as if
fully set forth.
12.9. Headings ·
The headings in this Agreement are inserted for reference only and shall not be
construed to expand, limit or otherwise modify the terms and conditions of this
Agreement.
Concomitant Development Agreement
#28060 15361-2 LNGIS!.DOC 1/30/98
page 16 of 19
12.10. Integration
This Agreement and Exhibits represents the entire agreement of the parties with
respect to the subject matter hereof. There are no other agreements, oral or written, except
as expressly set forth herein.
13. INDEMNIFICATION
Enchanted Parks, Inc. releases and agrees to defend, indemnify, and hold harmless
the City and all of its elected and appointed officials and its employees from all liability,
claims, appeals, and costs, including the costs of defense of any claim or appeal., arising
in connection with the annexation of the Enchanted Park Property and this Agreement,
except to the extent resulting from the sole negligence of the City or its officers, agents,
or employees in performance of this Agreement.
14. COMPLIANCE
In the event Enchanted Park shall fail to satisfy any of its obligations under this
Agreement, the City shall have the right to exercise any remedy at law or in equity to
compel the performance of such obligation, including such remedies as may be provided
under the enforcement provisions of the Land Use Code. In addition, Enchanted Park's
failure to satisfy any of its material obligations in this Agreement shall constitute a breach
of contract and shall be grounds for termination of this Agreement by the City.
15. POLICE POWER
Nothing in this Agreement shall be construed to diminish or restrict the police
powers of Federal Way as granted by the Washington State constitution or by general
law, but this agreement is an exercise of Federal Way's authority granted under
RCW 35A. 14.330, and 1995 Washington State Laws, ch. 395, §§ 501-506 and other
powers.
16. EFFECTIVE DATE
This Agreement shall become effective upon the effective date of the City Ordinance
approving this Agreement and approval of the Agreement by both parties.
Dated as of the date first above written.
Concomitant Development Agreement
#28060 15361-2 LNGIS!.DOC 1/30/98
page 17 of 19
CITY OF FEDERAL WAY,
Name
Title a;Ty
ENCHANTED PARKS, INC.,//
a Washington co~as~on .x// /
STATE OF WASHINGTON ~>.
SS.
COUNTY OF KING
On tl~a7 p,ersonally appeared before me/~2~(2~'~.,~q4~44/, to me known
to be the (~.',~..~f_~~~the CITY OF FEDE~L WAY, t~ ~cipal
corporation t~xecuted the foregoing instrument, and acknowledged such instrument to be
the free and voluntary act and deed of such a municipal corporation, for the uses and
purposes therein mentioned, and on oath stated that [he/she] was duly authorized to execute
such instrument.
AND OFFICIAL SEAL this ~ y of
GlV~ UNDER MY ~AND
/ ~~~' ~ , ,1998.
NOTARY PUBLIC in and f~r the State of
W~o~ residing at
My Commission Expires
Concomitant Development Agreement
#28060 15361-2 LNGIS!.DOC 1/30/98
page 18 of i 9
STATE OF WASHINGTON
COUNTY OF KING
SS.
On this day personally appeared before me ."J-q-("~C ~'¢.~c ~ , to me known
to be the .{9/1 ~ '~,[[~.v'lc of ENCHANTED PARKS, INC., the corporation that
executed the foregoing instrument, and acknowledged such instrument to be the free and
voluntary act and deed of such corporation, for the uses and purposes therein mentioned, and
on oath stated that [he/she] was duly authorized to execute such instrument.
GIVEN UNDER MY HAND AND OFFICIAL SEAL this ,,,D'7h- day of
y"'v'~ a.~,,.~-_K.. ,1998.
NOTARY I:~JBLIC in and for the State of
Washington, residing at
My Commission Expires
Co' q'
Concomitant Development Agreement
#28060 15361-2 LNGIS!.DOC 1/30/98
page 19 of 19
oo
ESM inc.
( EXHIB ',' A
A CIVIL ENGINEERING. LANO SURVEY, At, lO PROIECT A.4ANAGEt~4ENT CONSULTING FI P-J~
Job No. 163-03-950-006 _
o tobe PAGE_L_OF 2.
LEGAL DF_,SC~[PT[OH FOR ~']L"[OH
TO T~F., CiTY OF EEDEt:bM[., WAY
TEEHC£ southe, aster[y along said southwesterly m~rgin to the
PO[HT OF BEG~G.
S~e a~ch~ E~ibit ~B".
Wri~cn by: C.A.F.
Choked by: R.I.W.
7~ ~ 34a~ ~ ' F~eral Way, Wash~ ga
Those portions of thc southwest quarter of Section 28 AHD of the southeast quarter of Section
29 Alql) of t~e northeast qua~'t~ of Section 32 ~ of the northwest qua:t~ of S~'fion 33,.,~,L
in Township 21 North, flange 4 East, W.IvL, King County, Washin~oR, being more pa~ticul=ly
:described as follows:
BEGE'THII'/G at the nordtcastody com~ of P~'cd "Z" of "Regency Woods Division ["
accordLng to the plat thee-eof recorded ia Volume 154 of Plats, Pages 81 through 97, inclusive,
Records of King Col,mty, Washington;
~CE southeasterly along the northeasterly line off said parcel, said llne being coincident
with the southwesterly margin of Enchanted Parkway (AKA S$II No. S-D / Kit Comer Road
South I SR t61) to the northwesterly m .argin of 19th Way South as shown on said plak
'I'HHNCI~ southwesterly along said northwesterly margin to the northerly margin of South 369th
Str?t. as shown on the plat o£ "Reg~¢y Woods Division 2" according to the plat thereof
re.kind in Volume 156 of Plats, Pages t6 through 20, ia¢lnsive, Records of King County,
Washington;
~CE westerly along said ao~lherly margin and the westerly extension thereof to the easterly
margin of aR $ (Alia P~H No. 1), also being the City of Federal Walt' Limits as defined by King
County Code Ordinance No. 8779;
THENCE noctherty along said e.~csterly margin to said southwesterly margin of Enchanted
Parlcway; ..... '" '" -'
Fedet'zl Way (2061 1:314111 · Ta¢om~ (lOGI "117.061g - Sea~le (2061 &ll-Sgll - Fa~ (2061 838-?104 '
EXHIBIT "B"
TO ACCOMPANY LEGAL DESCRIPTION FOR ANNEXATION
A PORTION OF SECTIONS 26, 29, .~2 ANO 55.
TWP. 21 N., RGE. 4 E.., W.M..
KING COUNTY. WASHINGTON
PAG.F._.:_~_C,:' ~ .
SCALE: I" = 400'
0 400 600
(~) W.~O.O.T.
ol
EXHIBIT
PAGE.__LOF I
EXHIBIT C
Office Park Zone (OP-4) Development Regulations
L PURPOSEAND OBJECTIVES
These Offce Park Zone (OP-4) development regulations are established to §ovem the
operation and development ot'a Regional Commercial Recreation Facility and other permitted
uses ns defined herein, and as descfibod in any Concomitant Development Agreement pursuant
to Federal Way City Code (FWCC) 19-104 [or property zoned OP-4.
APPLICABILITY
A. Thc provisions of this 'Section will apply to all lands zoned OP-4, which shall be
subject to its own unique stanclards and review processes as set forth herein and in any
Concomitant Development Agreement pursuant to Federal Way City Code (FWCC) 19-104 for
property zoned OP-4. If the provisions relating specifically to the OP-4.Zone conflict with other
provisions of City codes or any Concomitartt Development Agreement, these OP-4 Zone
provisions shall prevail. Afte: the effective date of a Concomitant Development Agreement, any
change in FWCC referenced in any Concomitant Development Agreement shall not be deemed
to modify this Zone except as otherwise provided in the Concomitant Development Agreement.
B. Reference herein to the "FWCC" shall refer to Chapters 18, 20, 21 and 22 of the
Federal Way City Code. Reference herein to the "Director" shall refer to the City's Director of
the Department of Community Services or designee.
3. Usgs PEmvirrrgu
A. In addition to the uses aliowed in the Office Park Zone of the FWCC, the following
principal uses are permitted outright:
1. Regional Commercial Recreational Facility as defined herein;
2. Hotel on a parcel not to exceed five (5) acres and as regulated by Sec. 22-757
Exhibit C
Office Park Zone (OP-4) Development Regulations
page I of 4
EXHIBIT C
PAGE I OF
FWCC, except as otherwise set forth in these Development Regulations;
3. Restaurants as regulated by Sec. 22-753 FWCC. except as otherwise set forth in
these Development Regulations;
4. Retail establishments that provide entertainment, recreational and cultural
services, or activities; and Retail Sales, general and specialty not to exceed an amount of
square feet ofgross floor area on land described in a Concomitant Development Agreement
pursuant to .Federal Way City Code (FWCC) 19-104;
5. Caretaker residence.
B. Regional Commercial Recreational Facility shall mean a use operated for ProfiL with
private facilities, equipment and/or services, both indoor and outdoor for entertainment and
teereatiunal pu¥oses, including large= and small-scale amusement fides, roller coasters, aquatic
park facilities, swimming pools, accessory video mad movie facilities, petting zoos, and other
similar uses. Such a use shall be .cfa scale or offer unique recreational opportunities so ustc
provide recreational services cfa regiomal nature. The use of such area may be lin~ted to private
membership or may be open to the public upon payment cfa fee.
C. Accessory Uses. The following accessory uses shall be reviewed using that process
associated with the permitted use to which it is attached:
1. Warehousing and distributing, secondary to permitted primary uses provided
such use does not exceed twenty-five porcent (25%) of the permitted use; -
2. Outdoor storage; and
3. Any other use determined by the Director to be compatible with the above
accessory or permitted uses pursuant to Section 22-946 of the FWCC.
D. Temporary Uses. The following temporary uses may be conducted in this Zone and are
exempt from the requirement of Article X, Chapter 22 of the FWCC:
Temporary use in this Zone shall include seasonal retail sale of agricultural products
such as vegetables, fruit, or flower stands; community festivals; outdoor sales of recreational
vehicles; boat shows; or other parking lot sales, provided each temporary use exists for no
more than seventy-five (75) days in every three hundred (300) days.
Exhibit C
Office Park Zone (OP-4) Development Regulations
page 2 of 4
EXHIBIT C e_L$
PAGE_., OF
4. (~EHERAL DEVELOPMENTSTAHDARDS
AHD REVi£W PROCEDURES
A. Except for Regional Commercial Recreational Facilities, the development standards
and review procedures for all uses, except as otherwise set forth in a Concomitant Development
Agreement pursuant to Federal Way City Code (FWCC) 19-104, shall conform with those
identified by the corresponding use in the FWCC Office Park Zone as appropriate. In the event a
non Regional Commercial Recreational Facility use permitted in the OP-4 zone is not permitted
in the FWCC Office Park Zone, then those development standards and review proc~xl, ures
identified for the specific use in the fu'st zone where the use is allowed, shall apply, except as
otherwise set forth in this Agreement; provided, however, that Process II, Article V, Chapter 22,
of the FWCC shall be applied to all such uses. For Regional Recreational Facilities within the
developed area as shown on EXHIBIT J, Chapter 22, of the FWCC, Article IV.A,
Process I - Director's Approval, shall be utilized for all such proposed uses. For all other
Regional Recreational Facilities, Process II, Article V, Chapter 22 of the FWCC shall govern.
B. The height restriction for property zoned OP4 shall be thirty-five (35) feet unless
otherwise established by a Concomitant Development Agreement pursuant to Federal Way City
Code (FWCC) 1%104 between the City of Federal Way and the Property Owner.
C. Any proposed new development, requiring a development permit, approval of a plan
and a'landscaping plan, shall submit such plans in compliance with the requirement of the
FWCC, except as otherwise set forth in a Concomitant Development Agreement pursuant to
Federal Way City Code (FWCC) 19-104:
1. The required site plan shall be limited to the area which would be disturbed by
any proposed structure or proposed impervious surface.
2. The boundaries of any required landscape plan shall be coterminous with the
disturbed area.
5. ENVIRONMENTALLY SENSITIVE A. REAS
A. Any portion of property zoned OP4 which is classified as environmentally sensitive
-Exhibk C
Office Park Zone (OP-4) Oevclopment Regulations
page 3 of-~
EXHIBIT C.
PAGE OF' ,,
pursuant to Chapter 22, Article XIV (environmentally sensitive areas) of the Federal Way City
Code, and on which new development is proposed shall comply with the requirements therein,
except as provided in subsection B below.
B. Thc provisions of Chapter 22, Article XIV (environmentally sensitive area~) shall not
apply: to new development within artificially-created lakes, wetlands, streams, or surface water
retention ponds, or their required setbacks or buffers, except that thc provisions of Chapter 22,
Article XIV shall apply to any development proposed in lakes, wetlands, or streams (or their
required setbacks or buffers) created as mitigation for impacts to wetlands, lakes or streams.
Notwithstknding any requirements in FWCC Section 22-335 or FWCC Section 22-1601, a
Regional Commercial Recreational Facility may have no more than one regional, high profile,
freestanding sign as defined in this Section of the OP4 Zone. Such a sign shall be in lieu of, not
in addition to, one of the two high profile signs that might otherwise be allowed under FWCC
Section 22-I 601. A regional, high profile, freestanding sign shall be allowed only in connection
with Regional Commercial Recreational Facility use, and shall be removed at such time when
more than fifty percent (50%) of the square footage of the area devoted to such existing uses as
shown on EXHImT B are converted to uses other than Regional Commercial Recreational Facility
uses. Upon removal cfa regional, high-profile, freestanding sign, FWCC Section 22-1601 shall
regulate high profile signs on the OPM Zoned. property.
,~-regional. high profile, freestanding sign must be located near to a regional transportation
system (such as an interstate highway), must be located at least three hundred (300) feet from any
area zoned residential along SR 161 and $. 369th Street, and may be up to seventy-five (75) feet
high and up to thirteen hundred (1,300) square feet in area.
£xhibit C
Office Park Zone (OP-4) Development Rcgulations
page 4 of 4
EXHIBIT C..
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EXHIBIT
Mr. Jeff Stock
Enchanted Parks
31919 1st Avenue S. Suite 100
Federal Way, WA 98003
Re: Traffic Generation Study
Enchanted Parks
Ch~s[ophcr Drown e' ^~r, ociatcs%
879 I~,inicr Avcnuc N.. <~uitc A-20!
[~cnl.on. ~;A 980~-D80
(=O6) ~m-[[~8 r.x ~.4~' _./
August 26,-1994
C".~
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Dear Mr. Stock,
Please find the results of trip generation study commissioned for
the Enchanted Parks.
Incidentally, this dar; is si~e specific and obviously unique to
your site. HoWever, with "employees" and "acres" as independent
variables the data could then apply to any similar facility.
Further, since you know your ticket sales by day-o~-week and
month-of-year you can also estimate t~affic demands by ratio.
If you have any questions,'pl~ase call.
Yours truly,
jjh/CVS
"encl.
EXHIBIT__~, _,_¢ ~
PAGE I .oF...~ ......
,)
'l'mfl~c En$inccr,s ~' q'~n,sportotion Plonncr,s
EXHIBIT ,/tI
, r~j3
Enchanted Parks
Traffic Volumes
Period
Daily volumes
Peak Hour Traffic Volum~
(Site)
AM-Peak Hour (11:00-Noon)
(in)
(out)
:PM Peak ~our (7:00-8:00)
(in)
(out)
Peak Hour Traffic
(Adjacent Street)
AM 7:00-9:00 (in}
(out)
PM 4:00-6:00 (in)
(out.)
Friday Saturday Sunday
8/12/94 8/13/94 8/~4/94
1,929
2,360
513
135
11t
520
27
22
100
261
2,563
523
123
138
662
NA
NA
NA
NA
Note: Occupant to vehicle ratio = 2.5
408
97
51
510
NA
HA
NA
NA
EXHIBIT e'
PAG ....
Traffic Volumes
0 CD 0 0 0 0
~-:.. 0 0 0 0 o 0 0
;, .:
~ I' I
I
Traffic Volumes
~ 1~ ¢..,3 ~ ~ O~ ',4
,:'~:, 0 O 0 0 0 0 0 0
T'raffic Volumes
I
PAG E..~,~_O~r5
CONCOMITANT
DE VEL OPMENT AGREEMENT
I I
The City of Federal Way
Enchanted Parks, Inc.
DATE: 1/30/98
I:\ENCHTEDW~CONCOMAG.CC/March 25, 1998
TABLE OF CONTENTS
2.
3.
3.1.
3.2.
3.2.1.
3.2.2.
3.3.
3.3.1.
3.3.2.
3.3.3.
3.4.
3.5.
3.6.
4.
4.1.
4.2.
4.2.1.
4.2.2.
4.2.3.
4.2.4.
4.2.5.
4.2.6.
4.2.7.
4.2.8.
4.2.9.
4.3.
5.
6.
7.
8.
8.1.
8.2.
8.3.
9.
10.
11.
11.1.
11.2.
12.
Definitions ....................................................... 3
Petition for Annexation ............................................. 3
Establishment of Planning and Zoning ................................. 4
Comprehensive Plan ............................................... 4
Zoning .......................................................... 4
Permitted Uses .................................................... 4
Development Regulations ........................................... 4
Environmentally Sensitive Areas ...................................... 4
Mud Lake ........................................................ 4
Parking Lot Expansion Area ......................................... 5
Parcel Q ......................................................... 5
Height Restrictions ................................................. 5
Retail Sales ....................................................... 6
Street Vacation .................................................... 6
Conformity of Existing Uses and Development Within the Developed Area .... 6
Hours of Operation ................................................ 6
Improvements .................................................... 7
Parking .......................................................... 7
Existing Parking ................................................... 7
Signage .......................................................... 7
Drainage, Water Quality and Parking Lot Expansion ...................... 8
Perimeter Landscaping ......................... · .................... 11
Extensions of Time ............................................... 11
Outdoor Uses .................................................... 12
Access ......................................................... 12
Lighting ........................................................ 12
Traffic ......................................................... 12
Utility Service ................................................... 12
Mitigation and Impact Fees ......................................... 12
Regulation of Amusement Rides ..................................... 13
Future Improvements .............................................. 13
Maintenance and Renovation Activities Within the Developed Area ......... 13
Amusement Rides ................................................ 13
Parking Lot Expansion ............................................. 13
Compliance with Other Codes ....................................... 14
Tax Matters ..................................................... 14
Obligation to Annex ............................................... 14
Failure of Condition ............................................... 14
Withdrawal ...................................................... 15
General Provisions ........... - ..................................... 15
Concomitant Development Agreement page i of ii
#28060 15361-2 LNG 15!.DOC 1/30/98
12.1.
12.2.
12.3.
12.4.
12.5.
12.6.
12.7.
12.8.
12.9.
12.10.
13.
14.
15.
16.
Governing Law ............................ ...................... 15
Binding on Successors; Assignment .................................. 15
Recording ....................................................... 15
No Severability .................................................. 15
Authority ....................................................... 16
Term of Agreement ............................................... 16
Amendment ..................................................... 16
Exhibits ........................................................ 16
Headings ....................................................... 16
Integration ...................................................... 17
Indemnification .................................................. 17
Compliance ..................................................... 17
Police Power .................................................... 17
Effective Date ................................................... 17
LIST OF EXHIBITS
EXHIBIT A
EXHIBIT B
EXHIBIT C
EXHIBIT D
EXHIBIT E
EXHIBIT F
EXHIBIT F- 1
EXHIBIT F-2
EXHIBIT G
EXHIBIT H
EXHIBIT I
EXHIBIT J
EXHIBIT K
EXHIBIT L
Legal Description
Site Plan - Structures
Office Park 4 Zone (Op-4) Development Regulations
Site Plan - Parking
Height Restrictions - Area Map
Drainage Improvements (Summary - Complete Text at City Hall) &
October 28, 1997, Letter from ESM, Inc.
Parking Lot Expansion - Site Plan
Parking Lot Expansion - Landscape Plan
Landscaping
Site Plan - Access
Site Plan - Lighting
Site Plan - Development Activities
Traffic Report
Wetlands Report
Concomitant Development Agreement page ii of ii
#28060 15361-2 LNG15!.DOC 1/30/98
CONCOMITANT
DEVELOPMENT AGREEMENT
Enchanted Park
TH,S AGm~I~MElqT is made and entered into this t_'f~ day of Jb]~)C~ ,
1998, by ~d between the CITY OF FEDE~L WAY, a non-cha~er optional municipal
code city organized ~d existing under the laws of the State of Washinston (the "City" or
"Federal Way"), ~d ENCHANTED PA~S, INC., a Washington corporation
("Ench~ted P~k").
RECITALS
Federal Way has the authority under RCW 36.70B. 170-.210 and Chapter 19,
Section 104 of the Federal Way City Code (FWCC) and other laws of the State of
Washington to enact laws and enter into agreements to promote the health, safety, and
welfare of its citizens and thereby control the use and development of property within its
jurisdiction, and to undertake the annexation of contiguous property located outside of its
boundaries pursuant to ch. 35A.14 RCW.
Enchanted Park is the owner of certain real property situated in unincorporated King
County, Washington, which property is more particularly described on EXHIBIT A
attached hereto and incorporated herein by this reference (the "Property" or the
"Enchanted Park Property").
The Enchanted Park Property is presently operated as a Regional Commercial
Recreational facility with an outdoor/indoor amusement facility and water slide and
aquatics park, with associated parking, maintenance, games of skill and chance, food
service and office uses. The Enchanted Park Property is developed generally as shown on
the site plan (the "Site Plan") set forth in EXHIBIT B attached hereto. Enchanted Park
anticipates the need, from time to time, to operate, improve, and expand its existing
operations on the Enchanted Park Property. It is anticipated that the existing use of the
Enchanted Park Property, as it may be modified and expanded, will continue for at least
twenty (20) years.
The City and. King County have been conducting certain planning efforts as required
by the Growth Management Act, RCW 36.70A. Both the County and the City have
identified the Property as within King County's Urban Growth Area, and both parties
have previously agreed that the Property is within the potential annexation area of Federal
Way. The Property is currently zoned "Regional Business", "Neighborhood Business"
and "Urban Residential (4 alu/ac)" by King County and the zoning map effective
August 1, 1996, of the City of Federal Way designates the property OP-4.
Concomitant Development Agreement page I of 19
#28060 15361-2 LNGI5!.DOC 1/30/98
Enchanted Park is contemplating annexation of the Property into the City; however,
Enchanted Park seeks certainty as to the zoning and other regulations which would be
applicable to the Property should it be annexed into the City.
The City is interested in annexing the Property because it is located within the City's
potential annexation area and urban services can be adequately provided. In addition, the
City recognizes numerous public benefits associated with the annexation of the Property,
i.e., managing growth and fiscal benefits, as well as intangible benefits that may be
associated with having Enchanted Park's facility located within the City limits.
The City has reviewed an environmental checklist in connection with this
Concomitant Development Agreement (the "Agreement"). In compliance with the State
Environmental Policy Act ("SEPA") and the City of Federal Way SEPA procedures, the
City prepared an environmental impact statement (EIS) for the City of Federal Way's
Comprehensive Plan, adopted November 21, 1995, and Zoning Ordinance, which EIS
reviewed and considered the Comprehensive Plan and Zoning designation for the
Enchanted Park Property, but did not review the development regulations of the zoning
for the property that are contemplated by this Agreement. The City has reviewed an
Environmental checklist for the proposed actions included within this Concomitant
Agreement and has issued a Determination of NonSignificance and subsequent
Addendum. Future development actions not contemplated in this Agreement shall be
subject to their own SEPA review.
Enchanted Park and neighboring property owners submitted to Federal Way a
petition to commence annexation proceedings. On March 21, 1995, the Federal Way City
Council met to discuss the Enchanted Park Annexation. The Federal Way City Council
directed that for the Enchanted Park Property, Federal Way would adopt upon annexation
specific zoning and land use regulations to govern that property for the period of time set
forth in the Concomitant Development Agreement to be approved by the City Council.
The Federal Way City Council has directed that zoning and development regulations
for the Enchanted Park Property be designed so as to permit the continued operation and
development of the Enchanted Park Property in accordance with its existing use, with
limited expansion and modification of that use allowed, so long as certain operations on
the Property are brought into compliance with City Codes, as outlined by the terms of this
Agreement.
The parties now wish to enter into this Agreement in order to set forth in greater
detail the provisions with respect to Federal Way's administration of zoning and
development regulations, and other municipal authority.
Now, THEREFORE, for and in consideration of the mutual covenants and agreements
contained in this Agreement, the parties hereby covenant and agree as follows:
Concomitant Development Agreement page 2 of 19
#28060 15361-2 LNGI5!.DOC 1/30/98
AGREEMENTS
1. DEFINITIONS
For the purposes of this Agreement, the following terms shall have the meanings set
forth below:
1. "FWCC" shall mean the Federal Way City Code as presently enacted or
hereafter amended.
2. "Enchanted Park Annexation" shall mean the proposed annexation of the
Enchanted Park Property and the King County-owned property legally described in the
Annexation petition submitted by Enchanted Parks, Inc. to the City of Federal Way.
However, the terms and conditions of this Agreement shall not apply to the King County-
owned property.
3. "Enchanted Park Property" or "Property" shall mean that certain property
legally described in EXHIBIT A attached hereto.
4. "Land Use Codes" shall mean those regulations, ordinances and rules of the
City of Federal Way governing the use and development of land, including without
limitation, chapters 18 through 22 of the FWCC, as may hereafter be amended.
5. "Regional Commercial Recreational Facility" shall mean a use operated for
profit, with private facilities, equipment and/or services, both indoor and outdoor for
entertainment and recreational purposes, including large- and small-scale amusement
rides, roller coasters, aquatic park facilities, swimming pools, accessory video and movie
facilities, petting zoos, and other similar uses. Such a use shall be of a scale or offer
unique recreational opportunities so as to provide recreational services of a regional
nature. The use of such area may be limited to private membership or may be open to the
public upon payment of a fee.
6. "Zoning Code" shall mean Chapter 22 of the Federal Way City Code.
2. PETITION FOR ANNEXATION
The parties understand that Enchanted Park has filed a petition for annexation with
the City conditioned on obtaining a Concomitant Development Agreement adopted by the
City Council. The parties agree that no notice of intent to annex or annexation action may
be filed with the Boundary Review Board until this Concomitant Development
Agreement has been fully executed by both parties and the City has adopted the
pre-annexation land use zoning regulations set forth in Section 3. herein by ordinance. In
the event pre-annexation land use zoning regulations acceptable to Enchanted Park is not
approved by the City by July 1, 1998, then Enchanted Park may withdraw its support for
this annexation. Following execution of this Concomitant Development Agreement, the
City agrees to submit to the Washington State Boundary Review Board of King County
Concomitant Development Agreement page 3 of 19
#28060 15361-2 LNGI5!.DOC 1/30/98
("BRB") a notice of intent to annex the Property described in the petition for annexation.
3. ESTABLISHMENT OF PLANNING AND ZONING
3.1. Comprehensive Plan
The City Council has lawfully established a "Commercial Recreation" classification
for the Property on the City official comprehensive plan map, pursuant to FWCC Section
19-100(b) and the City of Federal Way's Comprehensive Plan.
3.2. Zoning
If the petition for annexation is approved by the City, and BRB review is not
invoked, or in the alternative, if BRB jurisdiction is invoked but the review process
sustains the petition for annexation, then the City shall lawfully adopt an ordinance
annexing the Property subject to application of the Office Park-4 Zone, and the OP-4
development regulations; Exhibit C, hereto. The City may also, upon approval of the
petition for annexation, simultaneously adopt an ordinance annexing the property
effective upon passage of forty-five (45) days or issuance of a BRB decision sustaining
the annexation if BRB jurisdiction is invoked.
3.2.1. Permitted Uses
All those uses permitted in the OP-4 zone, as set forth in this Agreement and
EXHIBIT C attached hereto, shall be permitted on the Enchanted Park Property.
3.2. 2. Development Regulations
The development regulations for the Property shall be those applicable to the
OP-4 zone as set forth in this Agreement, and by the provisions of EXHIBIT C,
attached hereto.
3.3. Environmentally Sensitive Areas
3.3.1. Mud Lake
As discussed in Exhibit L, "Enchanted Lake" or "Mud Lake" was, at one time, a
wetland located on the Property. Over the past twenty (20) years, King County
allowed urban development in the area and in a manner that caused the wetland to
cease functioning as a wetland. At this point, the water body essentially functions as
a surface water detention facility and provides an aesthetic amenity for the complex.
As a surface water retention pond in a closed depression, "Mud Lake" is not subject
to regulation under Chapter 18, Article III, "Shoreline Management" or Chapter 22,
Article XIV, "Environmentally Sensitive Area" of the FWCC.
Concomitant Development Agreement page 4 of 19
#28060 15361-2 LNGI5!.DOC 1/30/98
3.3.2. Parking Lot Expansion Area
A portion of the area north of South 369th Street proposed for parking lot
expansion is wet as the result of drainage activity from Mud Lake. Since this area
has become wet as the result of artificially created drainage, it is exempt from
regulation, pursuant to the OP-4 development regulations, Section V.B, contained
within EXHIBIT C hereto.
3.3.3. Parcel Q
Enchanted Park acknowledges that any areas classified as environmentally
sensitive pursuant to Chapter 22, Article XIV of the "Environmentally Sensitive
Areas" of the FWCC and located on Parcel Q, shown on EXHIBIT J, have not been
artificially, intentionally or accidentally created by human activity and do not fall
within the exemption contained in Section V.B of the OP-4 development regulations
contained within EXHIBIT C hereto.
3.4. Height Restrictions
The following height restrictions shall be applied to the areas, as designated on
EXHIBIT E, within the OP-4 Zone:
Area Regional Commercial
Number Recreational Facility Uses
1 35'
55' base height,
maximum height 75's
3 125'
HEIGHT RESTRICTIONS
Non-Regional Commercial
Recreational Facility Uses
3 stories or 35',
whichever is greater
55' base height, maximum of 70', for
office uses
55' base height, maximum of 75' for
hotelss
35' base height, maximum of 55' for all
other usess
55' base height, maximum of 70', for
office uses
55' base height, maximum of 75' for
hotels ~
35' base height, maximum of 55' for all
other usess
If approved through Process III, the height of the structure may exceed the base
height, up to the maximum height, provided each required yard abutting the
structure is increased 1' for each 1' the structure exceeds the base height above
average building elevation.
Concomitant Development Agreement page 5 of 19
t/28060 15361-2 LNGI5!.DOC 1/30/98
3.5. Retail Sales
Retail sales, general and specialty, shall be allowed on the Property, not to exceed
100,000 square feet of gross floor area, provided that development of any retail sales on
Parcel Q, as legally described in EXHIBIT A hereto, shall not count against such limitation.
3.6. Street Vacation
The City shall support, or upon annexation of the Property will complete the process
for vacation of right-of-way currently pending before King County, File No. 9400935,
provided only that portion of the right-of-way not needed for potential widening of
Milton Road is vacated.
4. CONFORMITY OF EXISTING USES AND DEVELOPMENT
WITHIN THE DEVELOPED AREA
The City agrees that, upon annexation, all existing uses, buildings and development
on the Property may continue in existence as is, and will not require alteration to conform
to any different Federal Way standards, except as provided for elsewhere in this
Agreement or otherwise required to meet uniform fire safety codes and other life/safety
requirements under the UFC and UBC. Nothing in this section shall constitute a warranty
of any kind by the City, including the habitability of existing structures. This Agreement
contemplates that renovation and certain redevelopment of the Regional Commercial
Recreational Facility uses currently located on the Enchanted Park Property may occur
without imposing upon Enchanted Park the need or the requirement to undertake
improvements or to change existing uses and structures to conform to the current FWCC,
except as otherwise required by this Agreement. The provisions of Chapter 22, Article IV
"Nonconformance" FWCC, shall not be applied to the Regional Commercial Recreation
Facility uses in existence within the developed area as shown on EXHIBIT B as of the date
of this Agreement, but shall apply to all other Regional Commercial Recreational
Facilities outside of the developed area and any new Non-Regional Commercial
Recreational Facilities on the Property subsequent to the date of this Agreement.
4.1. Hours of Operation
The normal hours of operation for the uses on Enchanted Parks Property shall be
permitted from 9:30 a.m. to 10:00 p.m., seven days a week; provided that Enchanted
Parks may, from time to time, but not exceeding 15 times per year, maintain operations
later than 10:00 p.m. for special events, such as high school graduation parties. In
addition, operations of facilities on the Northern portion of the property (as depicted by a
dividing line on EXHIBIT J) shall be permitted until 1:00 a.m. No outdoor music audible to
any residential areas shall be allowed after 10:00 p.m. Enchanted Parks shall fully comply
with the City Noise Ordinance, glare and lighting requirements; and shall modify, if
Concomitant Development Agreement page 6 of 19
#28060 15361-2 LNGI5!.DOC 1/30/98
directed by the Director of Community Development Services, noise and lighting to
minimize any impacts to the developed adjacent residential areas.
4.2. Improvements
4. 2.1. Parking
The parking areas and vehicle loading areas indicated on the parking plan
attached as EXHIBIT D constitute sufficient parking to support the uses of the
Enchanted Park Property existing on the date of this Agreement, and the physical
development and layout of such parking (including but not limited to stall width,
drive aisle width and location, surface improvement, landscaping and drainage) may
continue in existence subject to the provisions of this Agreement.
4. 2. 2. Existing Parking
Enchanted Park will maintain the existing number of baseline parking stalls as
shown on EXHIBIT D at all times. If expansion of Regional Commercial Recreational
uses is proposed to occur on existing parking lots, the lost parking stalls shall be
replaced to maintain the number of baseline parking stalls shown on EXHIBIT D.
These new stalls shall be constructed consistent with FWCC. For example, if new
water slides are added to the park by expansion into an existing parking lot, the lost
parking stalls will be replaced to maintain the baseline parking requirement.
If expansion of Regional Commercial Recreational uses occurs outside of the
existing boundary lines of the Park, as shown on EXHIBIT J, additional parking stalls
shall be added to the baseline parking stalls in an amount determined by the City, to
accommodate expansion or intensification of the facility. Enchanted Park shall
submit documentation that the additional stalls, if any, will appropriately
accommodate the proposed expansion. If the expansion also displaces any existing
parking stalls, the lost stalls will be replaced to maintain the number of baseline
parking stalls shown on EXHIBIT D. Any required new parking stalls shall be
constructed consistent with FWCC in effect at the time of the expansion.
If Enchanted Park proposes to add new uses which are not part of the Regional
Commercial Recreational Facility Use to the park operation, additional parking shall
be added to the baseline parking requirement consistent with the FWCC. If the new
use displaces any baseline parking stalls, those stalls shall also be replaced.
4. 2. 3. Signage
Lighting and signage integral and accessory to amusement rides installed on the
Enchanted Park Property, and incidental and decorative lighting (such, for example,
lighting or laser light displays), shall not be regulated as "signs" under the FWCC.
All signs on the Enchanted Park Property shall comply with applicable provisions of
Concomitant Development Agreement page 7 of 19
#28060 15361-2 LNGI5!.DOC 1/30/98
the Federal Way Sign Ordinance, codified at FWCC 22-335 and Article XVIII of the
FWCC, or as amended, or shall comply with EXHIBIT C, as applicable.
4. 2. 4. Drainage, Water Quality, and Parking Lot Expansion
Certain mitigation measures, as set forth in Section 4.2.4.1 below, and based
upon the drainage and water quality study contained in the attached EXmmT F, are
required to control the flow and quality of runoff from the Property. Enchanted Park
shall be required to maintain the drainage and water quality facilities described in
EXHIBIT F and the City acknowledges that such facilities, with the provisions
required by Section 4.2.4.1 are adequate for Regional Commercial Recreational
Facilities on the property. A new drainage and/or water quality study and additional
drainage or water quality improvements shall be required, however, if: 1) 75% or
more of the annexation area is redeveloped or proposed to be redeveloped into uses
other than Regional Commercial Recreational Facility uses; 2) the drainage
improvements serving the Property no longer meet state or federal drainage or water
quality requirements; or 3) water leaving the Property fails to meet the then
applicable water quality requirements.
Approval Process -- Parking Lot Expansion
The proposed 1,065 parking lot expansion on the southern 11.47 acres (Parcel V
as described on EXHIBIT A) will be granted Process III/Project Approval effective
upon annexation. The layout of the improvements and use of Parcel V for parking
has been reviewed and approved by the City contingent on meeting all required
codes except as otherwise set forth in this agreement, and subject to approval of the
annexation by the City Council. Prior to construction of any phase of the parking lot,
final approval of the construction plans in conformance with the approved drainage
study and all other city requirements must be obtained. The City will issue the
necessary permits for the Phase I parking improvements within thirty (30) days after
receiving the necessary permit applications for Phase I following the effective date
of the annexation. In addition, construction of the Phase I parking improvements
may only occur once the Part I drainage improvements have been completed.
Process III/Project Approval for Phases I and II of the parking lot expansion shall be
effective for seven (7) years from the date of approval.
Drainage Improvements
Part I Drainage Improvements -- These improvements consist of construction
of pumping modifications necessary to operate Mud Lake as proposed in the
Drainage System Evaluation of the Enchanted Village~Wild Waves Site, and water
quality measures as described in the October 28, 1997 letter from ESM, Inc. EXHIBIT
F. They will include construction of a temporary control structure on the north side
of the roadway fill of South 369th Street, and embankment compaction of the
roadway fill from the control structure to the elevation of the control structure
Concomitant Development Agreement page 8 of 19
//28060 15361-2 LNGI5!.DOC 1/30/98
overflow pipe. These requirements will allow the pumped discharge from Mud Lake
to meet the requirements of the approved drainage study referenced above. These
improvements shall be installed no later than September 30, 1998.
Pumping Station Operation
To assure reliable and safe operation of the new pumping station, Enchanted
Park, Inc. shall comply with the following, which shall be included as conditions of
any permits granted for the improvements described in Sections 4.2.4 and 4.2.4.1:
Pumping shall be automatic, and shall be controlled by float switches or similar
sensors. Manual backup capabilities shall be provided for use in the event there is a
control malfunction.
A high-water alarm shall be provided to notify security in the event the lake
level exceeds a predetermined level. This feature will allow maintenance personnel
to determine what is causing the pumping problem and to correct the problem before
there is a danger of exceeding the maximum allowable lake levels.
Enchanted Parks personnel shall be trained in the use and maintenance of the
pumping station, and shall keep an operations and maintenance manual in the station
to guide them in taking care of the facilities, and in troubleshooting any problems.
The pump station shall be equipped with lights and a heater to assure proper
operation during winter months.
Two pumps (one for standby) shall be provided. The pumps shall be operated
alternatively, to minimize excessive wearing on either pump. A mn time meter shall
be provided on each pump to show the amount of actual pumping time, and to assist
with scheduling maintenance work.
Drainage Improvements -- ParMng Lot Expansion
Part II Drainage Improvements- These improvements consist of the proposed
1,065 parking lot proposed for the 11.47-acre Parcel V. The parking lot expansion is
proposed to occur in two phases, and at the option of Enchanted Park, the second
phase of the parking lot improvements can be completed in two steps instead of one,
provided that neither step is undertaken prior to the year 2002.
Phase I Parking- The first phase of the parking lot expansion will drain into
Mud Lake per the approved drainage plan. This work will consist of clearing,
grading, erosion-control measures, and construction of an asphalt~surfaced parking
lot for approximately 393 stalls on approximately 3.5 acres immediately east of
Milton Road and south the existing parking lot. Excess material removed from the
Phase I parking area may be stored on the site, as shown on a Grading plan approved
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by the City, provided the stockpiled material does not exCeed 15,000 cubic yards and
is stockpiled consistent with the Grading plan. This stockpiled material will be used
as fill material for the Phase II parking lot construction. Per the October 28, 1997,
correspondence from ESM, Inc., water quality for the existing developed site
(approximately 47 acres) as of the effective date of annexation is handled by Mud
Lake which acts as a wet pond for the existing developed site, having approximately
1.89 times the required volume of 212,782 cubic feet.
Phase H Parking -- The second phase of the parking lot expansion will include
clearing and grading as required to build the oversized detention ponds/wet pond in
conformance with the Drainage System Evaluation of the Enchanted I/illage/Wild
Waves Site, EXHIBIT 1h`, and construction of the remaining parking lot. In this
scenario, the clearing, grading and landscaping for the entire remaining site would be
completed. The clearing and grading of the entire Phase II must be completed at one
time even though the parking may be constructed in two steps due to the need to
balance the earthwork on-site. If Enchanted Park decides to complete Phase H in two
steps, the first step would include the construction of only a portion of the parking
lot and the construction of the oversized detention pond/wet pond, with the
remainder of the site being hydroseeded to control erosion until the second step of
the Phase II parking, consisting of paving and striping, is completed. Any area
cleared and graded in Phase II shall require the installation of the perimeter
landscaping for the affected area, consistent with the Parking Landscaping Plan,
EXHIBIT F-2.
Water quality for Phase II parking lot improvements will be handled by the
oversized detention pond/wet pond and appropriate water quality control measures.
All drainage and water quality improvements shall be completed concurrent with any
clearing and grading activities.
Drainage - Permits
So long as Enchanted Park is proceeding in good faith and with due diligence to
satisfy its obligations hereunder, and has submitted plans for such improvements to
the City at least six (6) months in advance of the respective compliance date, the
obligation of Enchanted Park under Section 4.2.4 shall be conditioned upon the
timely issuance by Federal Way and other agencies with jurisdiction of such permits
as may be required to authorize the improvements. If such compliance is delayed as a
result of the failure of an agency (other than Federal Way) to issue permits or
approvals required for this work, then the time for Enchanted Park's compliance
shall be extended as necessary to accommodate such delays, provided that Enchanted
Park posts a bond or other security acceptable to the City in an amount sufficient to
secure the cost of such work.
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4. 2. 5 Perimeter Landscaping
Certain landscaping measures set forth in Section 4.2.5.1 below are required.
The landscaping improvements for the replacement parking area as the result of the
development of to the "Wild Thing" amusement ride shall be consistent with the
existing landscaping on the parking lot to the south of the amusement ride and shall
be completed no later than ninety (90) days after the effective date of the
Annexation.
Landscaping Improvements
Enchanted Park shall complete landscaping improvements to the perimeter
landscape areas on the Enchanted Park Property as set forth on EXHIBIT G:
Phase 1:
Phase 2:
Phase 3:
November 31, 1999
November 31, 2000
November 31,2001
Proposed Parking Facility: Upon completion of the proposed parking facilities
as described in EXHIBIT F-l, or upon completion of each phase of such parking
facility, adjacent perimeter landscape areas, as shown on EXHIBIT F-2 shall also be
completed, except as described in Section 4.2.4.4
So long as Enchanted Park is proceeding in good faith and with due diligence to
satisfy its obligations hereunder, and has submitted plans for such improvements to
the City at least six (6) months in advance of the respective compliance date, the
obligation of Enchanted Park under this subsection shall be conditioned upon the
timely issuance by Federal Way of a grading permit or other authorization, if
required to permit the landscaping improvements. If such compliance is delayed as a
result of the failure of an agency other than Federal Way to issue permits or
approvals required for this work, then the time for Enchanted Park's compliance
shall be extended as necessary to accommodate such delays, provided that Enchanted
Park posts a bond or other security acceptable to the City in an amount sufficient to
secure the cost and performance of such work.
4.2. 6. Extensions of Time
Enchanted Park may petition the City for extension of any of the compliance
dates set forth above, and the Director of Community Development Services may
grant such extension for a reasonable period necessary to allow completion of the
work, so long as Enchanted Park has made good faith efforts to comply with the
stated compliance date, and posts bonds for 1.2 times the value of the work.
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4.2. 7. Outdoor Uses
Such Regional Commercial Recreational Facility uses as Enchanted Park does
now or may hereafter conduct outdoors on the Enchanted Park Property under this
Agreement are permissible outdoor uses.
4. 2. 8. Access
The access and driveway locations on the Enchanted Park Property existing as
of the date hereof, as shown on the access plan marked as EXHIBIT H attached hereto,
are hereby acknowledged by the City and no changes to such improvements for the
existing uses will be required by the City. This does not supersede the jurisdiction of
the Washington State Department of Transportation regarding the driveway onto
Enchanted Parkway from the Enchanted Park Property. Direct vehicle access to
South 369th Street shall be prohibited so long as the Enchanted Park Property is
utilized as an Amusement Park.
4. 2. 9. Lighting
The lighting of the Enchanted Park Property existing as of the date hereof, as
shown on the lighting plan attached hereto as EXHIBIT I, is hereby acknowledged by
the City and no changes to such improvements for the existing uses will be required
by the City.
4.3. Traffic
As of the date of this Agreement, the parties agree that the traffic generated by the
uses and activities on the Enchanted Park Property is as set forth in EXa-IIBIT K, attached
herein and incorporated herein. In the review of any future expansion of the water slide
park and amusement park uses on the Property, the City shall recognize an occupant-
to-vehicle ratio of 2.5 for such uses, consistent with the traffic report, EXHIBIT K.
5. UTILITY SERVICE
The City agrees to furnish all municipal services to the Property in the event it is
annexed, to the extent the City controls the municipal services either directly or by
contract.
6. MITIGATION AND IMPACT FEES
Except as otherwise provided for in the Agreement, Federal Way shall not impose or
attempt to recapture any fees from Enchanted Park or impose other requirements on
Enchanted Park to mitigate potential impacts associated with the present Regional
Commercial Recreational Facility use of the Enchanted Park Property (including uses
authorized under Sections 8.1, 8.2, and 8.3 below), except to the extent that street,
Concomitant Development Agreement page 12 of 19
#28060 15361-2 LNGI5!.DOC 1/30/98
sidewalk, or other public improvements may be required under FWCC Section 22-1473.
Enchanted Park shall be entitled to conduct uses and activities throughout the year on the
Property that do not exceed the average daily and peak hour traffic levels identified in
EXHIBIT K, without the need or requirement to pay mitigation or impact fees of any kind;
provided that use or development that exceeds such traffic levels in the future shall be
subject to such mitigation fees as the City may prescribe by ordinance. In the event traffic
development fees or mitigation is imposed, the City agrees that it will allow Enchanted
Park to utilize a "pay and go" system, under which the payment of the applicant's fair
share impact fee or construction of any required on or off-site improvements will
constitute full off-site mitigation, and shall satisfy any concurrency requirement of the
City under the Growth Management Act; provided traffic study safety needs are
addressed to the satisfaction of the City's Public Works Director.
7. REGULATION OF AMUSEMENT RIDES
During the term of this Agreement and consistent with state law, regulation of the
operation of amusement rides on the Enchanted Park Property, including licensing and
inspection of such rides, shall be solely governed by the State of Washington Department
of Licensing (or successor state agency) and Federal Way shall not exercise such
regulatory authority, except as may be necessary pursuant to adopted Building Code
requirements. Federal Way will continue to perform the annual electrical inspection that
were previously performed by the Washington State electrical inspector.
8. FUTURE IMPROVEMENTS
Enchanted Park anticipates and the City acknowledges that, during the term of this
Agreement, certain renovation, repair, maintenance, expansion and redevelopment of the
Enchanted Park Property will occur, as set forth in this Agreement.
8.1. Maintenance and Renovation Activities Within the Developed Area
Enchanted Park shall be authorized to conduct all routine maintenance, repair, and
renovation activities as may be necessary or prudent in order to upgrade the existing
facilities or uses in the Enchanted Park Property without the need for permit approvals,
except, if applicable, electrical and tenant improvement permits. Any such activities will
not require existing structures to be modified to comply with the FWCC, except to the
extent necessary to comply with emergency service access, fire code and/or life-safety
code requirements as contained in the City's adopted UBC and UFC.
8.2. Amusement Rides
Within the area identified as "Development Area" on EXHIBIT J, Enchanted Park,
shall be entitled, from time to time and at its discretion, to move existing or add
additional Regional Commercial Recreational Facilities, subject only to Article IV.A.,
Process I - Director's Approval or as set forth in Section 3.4 - Height Restrictions, and
Concomitant Development Agreement page 13 of 19
/128060 15361-2 LNGI5!.DOC 1/30/98
SEPA, if applicable.
8.3. Parking Lot Expansion
Enchanted Park shall be permitted to expand its parking facilities in three phases, at
its option, as described on EXHIBIT F-1 and EXHIBIT F-2, and Section 4.2.4. The parking
area ~hall be constructed in accordance with Federal Way City Codes; and Enchanted
Park shall be required to implement the drainage improvements set forth in Section 4.2.4
above in connection with any such development.
9. COMPLIANCE WITH OTHER CODES
Enchanted Park acknowledges that nothing in this Agreement shall be construed to
relieve it of the obligation to comply with such statutes, codes, or regulations as may be
applied to or enforced against the uses and activities on the Enchanted Park Property by
agencies with jurisdiction other than Federal Way.
10. TAX MATTERS
If Federal Way imposes any fee, tax, or other monetary charge based upon the use of
the Enchanted Park Property, including without limitation, ticket taxes, admissions taxes
or fees, or concessions taxes (an "Admission Tax") during the term of this Agreement, in
consideration of the substantial cost to Enchanted Park of the improvements required
under this Agreement, and to the extent authorized by law, Federal Way agrees that any
Admission Tax will not be imposed upon any activities on the Property for a period of
twelve (12) months following notice to Enchanted Park of the proposed tax. This Section
shall not limit the City from imposing its local option business and occupation tax in
accordance with state law.
11. OBLIGATION TO ANNEX
The parties may elect to withdraw from this Agreement as follows:
11.1. Failure of Condition
For purposes of this Agreement, the condition (as set forth in Sections 2 and 3
above) requiring adoption by the Federal Way City Council of certain ordinances shall
not be deemed to be satisfied until such ordinances shall be adopted in proper form and
substance and until all appeal periods with respect to such ordinances (or any review
conducted in connection with such ordinances) shall have passed without any appeals
having been filed.
Concomitant Development Agreement page 14 of 19
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11.2. Withdrawal
Although Federal Way agrees to hold an annexation hearing as provided in
Section 2, nothing in this Agreement obligates Federal Way to adopt a final annexation
ordinance annexing any portion of the annexation area nor to adopt this Agreement, but if
Federal Way does not do so prior to July 1, 1998, then Enchanted Park may withdraw
from this Agreement as provided in this Agreement. Upon Federal Way's adoption of the
Annexation Ordinance and approval of this Agreement by both parties, this Agreement
shall be binding upon Federal Way and Enchanted Park. Nothing in this Agreement shall
prevent the annexation of the Enchanted Park Property by Federal Way, upon proper
fulfillment by Federal Way of all petition and election procedures in accordance with
State law.
12. GENERAL PROVISIONS
12.1. Governing Law
This Agreement shall be governed by and interpreted in accordance with the laws of
the State of Washington.
12.2. Binding on Successors; Assignment
This Agreement is intended to protect the value of the Enchanted Park Property, as
well as the public health, safety, and welfare of the City of Federal Way, and the benefits
and burdens inuring to the Property and the City as a result of this Agreement shall run
with the land and shall be binding upon Enchanted Park, its heirs, successors, and assigns
and upon the City Federal Way, for the term of this Agreement. This Agreement and its
benefits or burden shall be aSsignable by Enchanted Park, and to the extent a successor or
assign assumes the obligations of Enchanted Park under this Agreement, Enchanted Park
shall have no further liability or obligations under this Agreement.
12.3. Recording
This Agreement or memorandum hereof shall be recorded against the Enchanted
Park Property as a covenant nmning with the land and shall be binding upon Enchanted
Park, its successors and assigns. If this Agreement is terminated, Federal Way will
execute appropriate documents to so indicate.
12.4. No Severability
The provisions of this Agreement are not severable. In the event any provisions of
this Agreement are determined to be unenforceable or invalid by a court of law, then this
Agreement shall thereafter be rendered voidable at the option of either party, which
option shall be exercised in writing no later than ten (10) business days after the court
determination or thereafter shall be deemed waived. Provided, that no such determination
Concomitant Development Agreement page 15 of 19
#28060 15361-2 LNG15!.DOC 1/30/98
of invalidity occurring after the effective date of annexation shall affect the validity of the
annexation.
12.5. Authority
Federal Way and Enchanted Park each represent and warrant to the other that it has
the respective power and authority, and is duly authorized to execute and deliver this
Agreement. Enchanted Park represents and warrants that it is the fee owner, contract
purchaser, or lessee of the Enchanted Park Property.
12.6. Term of Agreement
This Agreement shall remain in full force and effect for twenty (20) years from the
effective date of this Agreement unless terminated prior to that date by the mutual
agreement of the parties or by the City pursuant to Section 14 of the Concomitant
Development Agreement.
12.7. Amendment
This Agreement and attached exhibits may be modified only by a written instrument
duly executed by both parties. In the case of a proposed major modification by Enchanted
Park to the land use provisions set forth in this Agreement and Exhibits, the Process VI
procedures of the FWCC shall be utilized. At the request of Enchanted Park, the Director
of Community Development Services may authorize minor modifications to the land use
provisions set forth in this Agreement if the Director of Community Development
Services determines that a proposed modification to this Agreement does not constitute a
"major" modification hereunder. No such modification may impair or restrict the existing
uses or development of Enchanted Park under this Agreement; provided, however,
notwithstanding the provisions of this Agreement to the contrary, the City of Federal
Way may, without the agreement of Enchanted Park, adopt and impose upon the
Enchanted Park Property restrictions and development regulations different than those set
forth herein, if required by a serious threat to public health and safety.
12.8. Exhibits
Exhibits A through L attached hereto are incorporated herein by this reference as if
fully set forth.
12.9. Headings
The headings in this Agreement are inserted for reference only and shall not be
construed to expand, limit or otherwise modify the terms and conditions of this
Agreement.
Concomitant Development Agreement page 16 of 19
1128060 15361-2 LNGI5!.DOC 1/30/98
12.10. Integration
This Agreement and Exhibits represents the entire agreement of the parties with
respect to the subject matter hereof. There are no other agreements, oral or written, except
as expressly set forth herein.
13. INDEMNIFICATION
Enchanted Parks, Inc. releases and agrees to defend, indemnify, and hold harmless
the City and all of its elected and appointed officials and its employees from all liability,
claims, appeals, and costs, including the costs of defense of any claim or appeal, arising
in connection with the annexation of the Enchanted Park Property and this Agreement,
except to the extent resulting from the sole negligence of the City or its officers, agents,
or employees in performance of this Agreement.
14. COMPLIANCE
In the event Enchanted Park shall fail to satisfy any of its obligations under this
Agreement, the City shall have the right to exercise any remedy at law or in equity to
compel the performance of such obligation, including such remedies as may be provided
under the enforcement provisions of the Land Use Code. In addition, Enchanted Park's
failure to satisfy any of its material obligations in this Agreement shall constitute a breach
of contract and shall be grounds for termination of this Agreement by the City.
15. POLICE POWER
Nothing in this Agreement shall be construed to diminish or restrict the police
powers of Federal Way as granted by the Washington State constitution or by general
law, but this agreement is an exercise of Federal Way's authority granted under
RCW 35A.14.330, and 1995 Washington State Laws, ch. 395, §§ 501-506 and other
powers.
16. EFFECTIVE DATE
This Agreement shall become effective upon the effective date of the City Ordinance
approving this Agreement and approval of the Agreement by both parties.
Dated as of the date first above written.
Concomitant Development Agreement page 17 of 19
#28060 15361-2 LNGI5!.DOC 1/30/98
CITY OF FEDERAL WAY,
a Wash~n~ _/~_ _ic~
ENCHANTED PARKS, INC.,/
a Washington comm'a~fion \//
STATE OF WASHINGTON
)
ss.
COUNTY OF KING
Out -a personally appeared before me~~'~-~,~/~q~q~;, to me known
t° be the [~ig~.~~-~5 '~"the CITY OF FEDERAL, WA~fl t~ r~ipal
corporation t~ executed the fore~'~M~-~'-~going instrument, and acknowledged such instrument to be
the free and voluntary act and deed of such a municipal corporation, for the uses and
purposes therein mentioned, and on oath stated that [he/she] was duly authorized to execute
such instrument.
GIVe.UNDER MY//HAND AND oFFIcIAL SEAL this ~- ~ °3~ ay of
~ //~~ j ,1998.
, d me' (
NOTARY PUBLIC in and for the State of
My Commission Expires
Concomitant Development Agreement page 18 of 19
#28060 15361-2 LNGIS!.DOC 1/30/98
STATE OF WASHINGTON
COUNTY OF KING
SS.
On this day personally appeared before me .--fo_ .-('~Z' ~-¢.~ c Y-.. , to me known
to be the ~ ,~ ~e.A of ENCHANTED PARKS, INC., the corporation that
executed the foregoing instrument, and acknowledged such instrument to be the free and
voluntary act and deed of such corporation, for the uses and purposes therein mentioned, and
on oath stated that [he/she] was duly authorized to execute such instrument.
GIVEN UNDER MY HAND AND OFFICIAL SEAL this ~ day of
~ ~ ~~ ,1998.
NOTARY ~BLIC i~d for the State of
W~hington, residing at
My Commission Expires
Concomitant Development Agreement page 19 of 19
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