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HomeMy WebLinkAboutPermit PL17-0003 - SOUTHCENTER SQUARE - LAND DIVISION / BINDING SITE IMPROVEMENT PLAN (BSIP)Southcenter Corporate Square LLC 2623049144 Associated Files: PL17-0003 This File: 117-0005 LAND DIVISION/BSIP City of Tukwila Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone (206) 431-3670 FAX (206) 431-3665 ELmail: PlanningtraTukwilaWa.aov BINDING SITE IMPROVEMENT PLAN NO. L17-0005 DECLARATION Know all men by these present that we, the undersigned, owner(s) in fee simple of the land herein descr bed do hereby make a Binding Site Improvement Plan thereof pursuant to RCW 58.17.0601 Any subsequent development of the slte shall be in conformance with the approved and recorded Binding Site Improvement Plan. The undersigned further declare this Binding Site mprovement Plan to be the graphic representation of said Binding Site Improvement Plan and the same is made with the free consent and in accordance with the desire of the owner(s). In witness w, hereof we have set our hands and seals. Name: Name: Name: Name: STATE OF WASHINGTON' Crn\(ern County of )Sing s Ikyl�e \e- Wff' \\ On this day perso ally appeared before me l \\vArn L11 '/ to me known to b the Individual who executed the within and foregoing instrument and acknowledged th t he/she -Signed the same as his/het'-voluntary act and deed for the uses and purpos therein mentioned. GIVEN under my and and official seal this 3/ day of Jere , 20 1-. K. RECINIX E Signature: Notary Public-Calllo nla LasMaalasCnun cbmmisoanaz,e»4s Name as commissioned: C., • \ 6-. V•E'.C-)1003 MyCcmm.E,phar Jun 1,1,1021 Title: ‘1 )0nxl PLAottc- My appointment expires: Jury. 1 O 2.02 STATE OF WASHINGTON County of King On this day perso ally appeared before me to me known to b the individual who executed the within and foregoing instrument and acknowledged) that he/she signed the same as his/her voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of 20 Signature: Name as commissioned: Title: Legal Description (Old) (PER STEWART TITLE COMPANY, ORDER NUMBER 206138666, ON AUGUST 22, 2006.) LOT 4, CITY OF TUKWILA SHORT PLAT NUMBER L97-0049 (SOUTHCENTER CORPORATE SQUARE), ACCORDING TO THE SHORT PLAT RECORDED UNDER RECORDING NUMBER 9711069009, RECORDS OF KING COUNTY, WASHINGTON; EXCEPT RAILROAD TRACKAGE AND APPURTENANCES AS RESERVED BY UNION PACIFIC RAILROAD COMPANY, AS DISCLOSED BY DEED RECORDED UNDER RECORDING NO. 7607070502. SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. Legal Description (New) LOTS 1, 2 & 3, CITY OF TUKWILA BINDING SITE IMPROVEMENT PLAN NUMBER L17-0005 (SOUTHCENTER CORPORATE SQUARE), ACCORDING TO THE BINDING SITE IMPROVEMENT PLAN RECORDED UNDER RECORDING NUMBER ,L4/707/ g0000p/r RECORDS OF KING COUNTY, WASHINGTON, SUBJECT TO AND TOGETHER WITH EXISTING EASEMENTS; My appointment expires: LAND SURVEYOR S - IF AT , registered as a land surveyor by the State of Wae gton, certify that this plat is based on an actual survey of the land described herein, Conducted by me or under my supervision; that the distances, courses and angles are shown hereon correctly; and that monuments other than those monuments approved for setting at a later date, have been set and lot corners staked on the ground as depicted on tha plat. [DATE: 6122/2017 2:32 PM] [AUTH,OR: nbateman] [PLOTTER: lima-filelHPT2500] [STYLE: WHP-Stendard.clb] [PATH: P:ISoutlxenler Corporate Square LLC1P0015888WIExecutonlDrawingalSurveyl15888W-V-CN-05 current.dwg] [LAYOUT: 01 COVER] SURVEY IN NW 1/4 SE 1/4 OF SECTION 213 T. N.,R 4 E., W.M., IN KING COUNTY, WASHINGTON RECORDING CERTIFICATE Filed for record at the request of the City of Tukwila this day of 20 at minutes past M and recorded In Volume of Plats, on page records of King County, Washington. King County Manager Supt. of Records and Elections EXCEPT RAILROAD TRACKAGE AND APPURTENANCES AS RESERVED BY UNION PACIFIC RAILROAD COMPANY, AS DISCLOSED BY DEED RECORDED UNDER RECORDING NO. 7607070502. SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. OWNER(S): ADDRESS: PHONE: SOUTHCENTER CORPORATE SQUARE, LLC 836 ANDOVER PARK WEST, SUITE 107 208-618-8513 CITY/STATE/LP: TUKWILA, WA 98188 VOLUME PAGE APPROVALS KING CA TY FINANCE DIVISION f certify that a arty taxes are paid and that a deposit has be ade in sufficient amount to pay the taxes for the fell wing year; that there are no uent special assessments certified to this office for coliec • and that all s assessments on any of the property herein dedicated as streets, alleys, or fo public use are paid in full. This , 20 King • . Treasurer Deputy King County Treasurer KING COUNTY ASSESSOR'S APPROVAL Examined and approved by the Department of Assessments this day of i2i o776Trr , 20 / 7 . King County Assessor Deputy Assessor Parcel Number: 2623049144 'TUKWILA SHORT SUBDIVISION COMMITTEE APPROVAL Reviewed and approved by the Short Subdivision Committee and hereby certified for filing this 20 I ] Chairperson, Short ubdii Ion Committee ORAWN BY NJB DATE VICINITY MAP WHPacific nne,. er 00 42.5141100 n,.o, 06/22/2017 JOB NUMBER COVER SHEET P0015888W CHECKED BY SPF SCALE NOT TO SCALE SHEET OF 4 City of Tukwila Department of Commu ity Development 6300 Southcenter Boul vard, Tukwila, WA 98188 Telephone (206) 431-36 0 FAX (206) 431-3669 E-mail: Planning(iTukWilaWa.gov BINDING SITE IMPROVEMENT PLAN NO. L17-0005 CALCULATED EAST 1/4 CORNER OF SECTION 26, 70lfNSHIP 23 NORTH, RANGE 4 EAST, W.M. Py o MATCH LINE SEE ABOVE RIGHT LEGEND • FOUND BRASS CAP MON. IN MONUMENT BOX O FOUND MONUMENT AS NOTED Q LOCATION OF TITLE REPORT EXCEPTIC SEE PAGE 3 FOR DESCRIPTION SETBACK UNE DRIVE AISLES EXISTING CONCRETE WALK EXISTING CONCRETE CURB & GUTTER REFERENCES: 50 MATCH LINE SEE BELOW LEFT 0 ci POINT OF BEGINNING us,S88'05.42"E n 30.00' FOUND LEAD PLUG AND TACK,/ 1.04' WEST OF TRUE CORNER / FOUND 1/2" IRON ROD WITH YELLOW PLASTIC CAP '156', 0.62' EAST OF TRUE CORNER ELECTRIC CONDUIT\SIDEWALK SCALE 0 25 100 ( FEET ) 1 INCH = 50 FT. REFERENCE SURVEY PUTS: VG- 128/27-28, VOL 104/B-10, VOL 31/73-74, VOL. &3/22-23. REFERENCE SURVEYS 54/212. 43/115, 128/26. SHORT PUT NO. L97-0049 RECORDED UNDER 'RECORDING N0. 9711069009. RECORDS OF KING COUNTY WASHINGTON. SC UNRECORDED ALTA/AM SURVEY BY W 7 H PACIFIC. DA� DECEMBER 19, 1956, JOB NA 3-7905-0701 NOTES: 1. THE TOTAL LAND AREA IS 315.45E 50. FT. 4 (7.26 ACRES). THE RECORD DESCRIPTION FORMS A CLOSED MAIHOfARCAL FIGURE. THESE PROPERTIES ARE VESTED IN SOUMCENIER CIDRPORAIE SQUARE, LLC, A DELAWARE LIMITED UABIUTY COMPANY. PROPERTY TAX LOT AND ZONING DESIGNATIONS: TAX LOT NUMBER(S): 2623049144 PARCEL ADDRESS 360 ANDOVER PAR WEST ZONING TUC-P - 111106U ROAN CENTER - POND FRONT - 15', SEC D FRONT- 15', 510E - 70'. REAR - 10''. HEIGHT - 115' 5. ME SUBJECT PARCEL LIES IN ZONE X, PER FEW ALP NUMBER 53033C0959F, DATED MAY 16, 1995 8. PARKING FOR SITE NEW LOT I: NEW L07 2: NEW LOT 3: 38 COMPACT,; 28 STANDARD: 4 HANDICAPPED 45 COMPACT`; J4 STANDARD; 4 HANDICAPPED 42 COMPACT; 212 STANDARD; B HANDICAPPED 7. ME UNDERGROUND UTIUTIES SHOWN HAVE BEEN U OF OBSERVABLE FEATURES AND SUPPLEMENTED NI MAKES NO GUARANTEE THAT THE UTILITIES SHOWN SERVICE OR ABANDONED. THE SURVEYOR FUMEI ARE IN THE EXACT LOCATION INDICATED, BUT ARE AVAILABLE. CA1E0 FROM RECO SURVEY. CONDUCTED AUGUST 2000, H INFORMATION FROM DISTINCT DRAWINGS. THE SURVEYOR COMPRISE ALL SUCH UTILITIES IN THE AREA, E11HER IN DOES NOT WARRANT THAT THE UNDERGROUND UTILITIES ' OCA7E0 AS ACCURATELY AS POSSIBLE FROM INFORMATION 8. RESERVATION OF RECIPROCAL ACCESS AND 7RCU OVER AND ACROSS THOSE PORTIONS OF LOTS 1. AS SHADED AREA) IS TO BE GRANTED BY SEPARA O. RESERVATION OF U1111TT EASEMENT OVER. UNDER, EXCEPT AREAS UNDER STRUCTURES FOR WATER, P AND CABLE URUTIES I5 TO BE GRANTED BY SEPAP 10 ADDITIONAL TERMS TO BE GRANTED BY THE SEPA AGREEMENT AND EASEMENTS, COVENANTS, CONDI' SQUARE (OCARn), REC. N0. CURVE DATA TION EASEMENT FOR VEHICULAR INGRESS AND EGRESS AND 3 THAT SERVE AS DRIVE AISLES (S7 WN DOCUMENT, REC. NO.XtyJ70i1.fca5r/ IND ACROSS THOSE PORTIONS OF LOTS 7. 2. AND 3 4"ERDOCUMENT,E. GAS. STOP& DRAINAGE SEWER, T, REC. NO2,4719/707q'0007Y1 TIE DOCUMENT TIRED COMMON AREA C057 SHARING S AND RESTRICTIONS FOR SOUTHCENIER CORPCRA7E Of 14Z-7 CURVE RADIUS DELTA LENGTH BEARING CHORD C1 50.00' 90'06'49" 78.64' S466063"W 70.78' C2 15.00' 54'4566" 14.34' 660'41'44"W 13.80' C3 50.00' 2893762" 252.66' S0154'18"W 57.69' C4 15.00' 54'45'56* 14.34' N6431'20"E 13.80' C5 50.00' 8963'11" 78.44' 54310)967"E 70.64' C6 50.00' 5436'23' 47.65' 560'37'58'E 45.87' C7 50.00' 81'0043" 70.70' 7151133'29'E 64.95' PARCEL DATA PARCEL SQ.FT. ACRE AVG. WerH AVG. LENGTH 1 61,345 1.41 245' 248' 2 51,811 1.19 250' 190' 3 202,302 4.64 500' 405' co ()REC. NO. 7610290608 ©REC. NO. 7703070907 -- FOUND 1" IRON PIPE WITH YELLOW PLASTIC CAP, I - 0.09' NORTH OF TRUE CORNER-4"... FOUND 1/2" IRON ROD WITH YELLOW PLASTIC CAP 'S&A", 0.11' EAST OF TRUE CORNER 170 r[ ANDOVER PARK WEST 523.90' SOf 47'29'W 451.30' R C. NO. 20011120000450 PARCEL 3 [l U BUILDING 545 LOT 4 CITY OF TUKWILA SHORT PLAT.. NO_ L97---0049 BUILDING 555 SO1 '47'29 "W [PROPOSED LOT 3 BOUNDARY VOLUME PAGE fry) kn'� � L �-L_i 7 LOT 3 -L. -L rPROPOSED LOT 1 BOUNDARY N0126'4:57E 248.48' PAH1JL1 BRIDGE TO BE REMOVED LOT 1 M1 BUILDING 370 N 1' 4) T BUILDING 565 i7 BUILDING 575 PROPOSED LOT 2 BOUNDARY L L0 Y I NOf 54'17"E 225.35' 7 LOT 2 BUILDING 360 PARCEL 2 70 co 0 0 v W • v 0 2.50 248.84' NOI 47'291' FENCE CORNER IS 1.2'(W) OF PROP. UNE 267.11' CORPORATE DRIVE NORTH 22.50' 3•00p O (;l �-L `- FENCE IS 0.7'(W) OF PROP. UNE OWNERSHIP OF CHAINLINK FENCE APPEAR TO BE ADJOINING PARCEL TRASH BIN, CURB, AND FENCE TO BE BUILT WITH 5' SIDE AND REAR -YARD SETBACK REC. NO. 20011120000450 10, [DATE: 6T22t2017 2:31 PM[ [AUTHOR: nbat8TTen1 [PLOTIE[9:llsea-111811HPT2500[ [STYLE: WHPStandard.db[ [PATH: P:1Sou0Tcenter Corporate Square LLC1P0015888 ecu60n1DrewingS\Survey115888W-V-CH-0S_currentdwg] [LAYOUT: 02 PLAT] OWNER(S): SOUTHCENTER CORPORATE SQUARE, LLC ADDRESS: 635 ANDOVER PARK WEST. SUITE 107 CITY/STATE/ZIP: TUKWILA, WA 9318E VIIMMEMMINSIIMM �x3y`1r3� tt��0. WHPaafic PLAT DRAWN BY NJB DATE 06/22/2017 JOB NUMBER P0015888W CHECKED BY SPF SCALE 1"=50'-0" SHEET OF 4 City of Tukwila Department of Co munity Development 6300 Southcenter r oulevard, Tukwila, WA 98188 Telephone (206) 43 -3670 FAX (206) 431-3665 E-mail: Planninq(a)tukwilaWa.gov BINDING SITE IMPROVEMENT PLAN NO. L17-0005 zttt0iti SCALE 50 0 25 5C1 EXCEPTIONS: ( FEET ) 1 INCH = 50 FT. 100 THE FOLLOWING ARE PER FIDELITY NATIONAL 710E OMPANY OF NAS911991 N, INC. ORDER NUMBER 20374430-410—KA6, 05 APRIL 12, 2017: 4. RESERVATION OF EASEMENT AND THE TER 5 AND CONDITIONS THEREOF: RESERVED Btt UNION PACIFIC RAILROAD PANY, A UTAH CORPORATION PURPOSE: RAILROAD TRACKAGE AND APPU TENANCES AREA AFFECTED: A PORTION OF SAID PR SES RECORDED: JULY 7, 1978 RECORDING NO:. 7607070502 NOT PLOTTABLE SQ. EASEMENT AND THE TERMS AND CONDIROI:S THEREOF: GRANTEE PUGET SOUND POWER & UG1T COMPANY, A WASHINGTON CORPORATION PURPOSE: UNDERGROUND ELECTRIC SYS1E19 AREA AFFECTED: NORTH 12.31 FEET OF ID PREMISES RECORDED: OCTOBER 29. 1976 RECORDING N0. 7610290608 PLOTTED 0 RESERVATION OF EASEMENT AND THE TER 5 AND CONDITIONS THEREOF: RESERVED 871 UNION PACIFIC LAND RES RCES CORPORATION, A UTAH CORPORATION PURPOSE: RAILROAD AREA AFFECTED: A NORTHERLY PORTION F SAID PREMISES RECORDED: MARCH 7, 1977 RECORDING NO: 7703070907 PLOTTED a EASEMENT FOR UNDERGROUND ELECTRIC S TEM AND THE TERMS AND CONDITIONS THEREOF: GRANTEE PUGET SOUND POWER & UGNT OMPANY AREA AFFECTED: PORTION OF SAID PROM RECORDED: JANUARY 13, 1978 RECORDING NO.: 7801130816 NOT PLOTTABLE 10. EASEMENT AND THE TERMS AND CONDIR S THEREOF GRANTEE PUGET SOUND ENERGY, INC. PURPOSE: GAS PIPELINE OR PIPELINES AREA AFFECTED: A PORTION OF SAID PR 15E5 RECORDED: JULY 18, 7997 RECORDING NO,: 9707180453 LOCATION UNKNOWN. NOT PLOTTED HERE 13, EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE PUGET SOUND ENERGY, INC. PURPOSE: GAS PIPELINE OR PIPELINES AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: NOVEMBER 20. 1997 RECORDING NO.: 9711200323 LOCATION UNKNOWN. NOT PLOTTED HERE . 14 EASEMENT AND THE TERMS AND CONDITI S THEREOF: GRANTEE WEST CORPORATION, A DELAW E CORPORATION PURPOSE: UNDERGROUND FIBER OPTIC CA LE SYSTAA AREA AFFEOIEU: PO1T10N OF SAID PALAU 0 RECORDED: NOVEMBER 20, 2007 RECORDING NO.: 20011120000450 PLOTTED LEGEND EXISTING EVERGREEN TREE TO REMAIN OEXISTING DECIDUOUS TREE TO REMAIN I EXISTING CONCRETE WALK EXISTING CONCRETE CURB & CI,TTER [DATE: 62212017 2:24 PMj [AUTHOR obatemanj [PL0ITTER llse9-flie191PT25001 (STYLE: WHP-Stendard.d61 (PAN: P:1SouthwnterCorporate Square LLCIPOOIS888PAEx9a."-1CnlDnna!n091Survey115808W-V-CN-05_Gurrentdwg( (LAYOUT: T"'-= rcy.. FL( L7 ANDOVER F'ARK WEST PARCEL _i BUILDING 545 -1) 4 CITY OF TLJKWIL SHORT PLAT NO. L97--0049 BUILDING 555 PROPOSED LOT 1 BOUNDARY G 0 OWNER(S): SOUTHCENTER CORPORATE SQUARE LLC ADDRESS: 835 ANDOVER PARK WEST, SUITE 107 CITYISTATETLP: TUKWILA, WA 98188 f-),A RCE 0 i2/ BUILDING 575 41) .htt, • L • T PROPOSED LOT 3 BOUNDARY PROPOSED LOT 2 •/ BOUNDARY BUILDING 360 PARCEL 2 [J _-i VOLUME PAGE. 4111 410 0 f ift[ OO ti 0 0 O 0 0 U r'1 EIv SPF TRASH BIN, CURB, AND FENCE TO BE BUILT WITH 5' SIDE AND REAR -YARD SETBACK SCALE WHPacifi IMO .emI Seam 1"=50'-0" EXISTING VEGETATION JOB NUMBER P0015888W OF 4 City of Tuk ila Department o Community Development 6300 Southce ter Boulevard, Tukwila, WA 98188 Telephone (2 .) 431-3670 FAX (206) 431-3665 E-mail: Planni • •ITukwilaWa.•ov BINDING SITE I PROVEMENT PLAN NO. L17-' 0 005 NOTES: I. THE SITE 15 LEVE.. CONTOURS NOT SHOWN. SCALE 50 0 25 50 100 ( FEET ) 1 INCH = 50 FT. ASPHALT AND 611 ILDLING IMPERVIOUS SURFACE DATA PARCEL SQ. FT. ACR 1 48,603 1.12 2 43,430 0.99 3 167,987 3.815 LEGEND 5: FIRE HYDRANT AUTO FIRE CONNECTI D4 WATER VALVE ❑ WATER METER KY, POST INDICATOR o-- WATER BLOWOFF W— WATER PAINT MARK UTILITY POLE W/LICHT 1— GUY ANCHOR Y UTILITY POLE 8 POWER METER POWER VAULT u POWER TRANSFORMER © TELEPHONE VAULT TELEPHONE RISER OT TELEPHONE MANHOLE 11 T— TELEPHONE PAINT MAr1K ® GAS METER GAS VENT P POWER PAINT MARK ❑ CATCH BASIN STORM MANHOLE SD— STORM LINE O SEWER MANHOLE -5— SEWER PAINT MARK GRAVEL EDGE BUILDING EAVE ® JUNCTION BOX I.. 1(L):.. 1 NUMBER OF COMPAC T PARKING SPACES 1, ">...I NUMBER OF STANDARL PARKING SPACES HANDICAP PARKING S ACE [DATE: 6122/2017 2:24 PM [AUTHOR nbafeman] OTTER 14sea-81e11HPT2500[ [STYLE: +NHPStandard.ctbJ [PATH: P:8Southoenter Corporate Square LLCIP001 888WIExeatian4Drawings\Survey115888W-V-CN-05currentdwl) [LAYOUT: 04 CIVIL] 172.64' 105.94' 157.15' ANDOVER PARK WEST FIRE HYDRANT 11(S) BUILDING 545 2 STORY F.F. =22.50 10,708 S.F. I LOT 4 CITY OF TUKWILA SHORT PLAT 1VO. L97--0049 BUILDING 555 r 2 STORY F.F.=23.50 10,803 S.F. _ _.___---11(S) —SD-- -- —SDI__ 14(S)14(S) ozdnora PROPOSED LOT 1 —BOUNDARY--- 14(C) BRIDGE TO BE '4. REMOVED LOT 1o. BUILDING 370 2 STORY F.F.=24.00 10,845S.F. TRASH ELL 4 HANDICAPPED SPACES AND „T TOWER CROSSWALK TO BE ADDED PER IBC REQUIREMENTS AS PART OF 017-0093 OWNER(S): SOUTHCENTER CORPORATE SQUARE LLC ADDRESS: 835 ANDOVER PARK WEST. SUITE 107 CITY/STATE/ZIP: TUKWILA. WA 90108 DRAWNBY NJB CHECKED BY S PF VOLUME PAGE R/W ---- 12(S) BUILDING 565 2 STORY F.F.=22.50 10,921 S.F. BUILDING 575 2 STORY F.F. =23.50 10,709 S.F. 148.78' 1.1(S).__. (0(s) PROPOSED LOT 3 - BOUNDARY SIGN FlRE HYD'-NT -19(5)-.---___._ 12(S) 'U(S) I Z Lu 0 O FlRE 1 H ANT 1 — SD -- — SD -- $ — SD 2(S) 7 BUILDING 360 2 STORY F.F.=24.00 10,807 S.F. M 14(5,k0POSE0" LOT' BOUNDARY' 2-HANDICAP'PSPAC S TO BE ADDSPER IB RFOUIRE EN'TS AS PA d. OF 017- O0S3 12(S) 2(S) -- 24(C) TRASH BIN, CURB, AND FENCE 10 BE BUILT WITH 5' SIDE AND REAR -YARD SETBACK s((`..) ._ TRASH—�' WHPacific EXISTING IMPROVEMENTS Ike. VA WWI 12.31,111011 06/22/2017 SCALE 1" _ 50' - 0" JOB NUMBER P0015888W SHEET A OF WHEN RECORDED RETURN TO: Southcenter Corporate Square, LLC c/o Pacific Realty Advisors LLC 411 University Street, Suite 1200 Seattle, WA 98101 Attention: Jack Rader N i i i N i i i 11 1 i i 20170719000147 COVENANT Rec: $105.00 Pages:33 7/19/2017 10:12 AM KING COUNTY, WA i Document Title: Common Area Cost Sharing Agreement and Easements, Covenants, Conditions and Restrictions for Southcenter Corporate Square Grantor: Southcenter Corporate Square, LLC Grantee: Southcenter Corporate Square, LLC Legal Description: Abbreviated Legal Description: Lots 3 and 4, City of Tukwila Short Plat Number L97-0049 (Southcenter Corporate Square), According to the Short Plat recorded under Recording Number 9711069009, records of King County, Washington Full Legal Description: See Exhibit A attached Assessor's Tax Parcel Nos.: 2623049143; 2623049144 Reference Nos. of Documents Amended: 9711060371; 20040708000011 COMMON AREA COST -SHARING AGREEMENT AND EASEMENTS, COVENANTS, CONDITIONS AND RESTRICTIONS FOR SOUTHCENTER CORPORATE SQUARE This Agreement is made as of as of June 19, 2017, by SOUTHCENTER CORPORATE SQUARE, LLC, a Delaware limited liability company ("Declarant"). RECITALS: A. Declarant is the owner of the real property located in Tukwila, King County, Washington, legally described in Exhibit A attached (the "Property"). The Property is currently improved with 11 buildings used for office and other commercial purposes. 3924/060 06/19/17 tbarke\southcenter corp square -1- cc&rs final B. The Property and the improvements thereon are currently known as Southcenter Corporate Square (the "Park"). C. Declarant desires to create certain easements in, to, over and across the Property to assure the proper and efficient development, operation and functioning of the Park, to create provisions for the construction, maintenance and operation of the Common Areas and other buildings and improvements now or hereafter constituting the Park, and to make certain other covenants and agreements relating to the Park as more specifically set forth in this Agreement. AGREEMENT: Declarant covenants, agrees and declares that all of the Property, and the buildings, structures and other improvements now or hereafter constructed thereon, are and will be held, developed, used, sold, conveyed, leased and encumbered subject to and burdened by the following covenants, conditions, restrictions and easements, all of which will be binding upon and benefit Declarant and all future holders of all or any interest in the Property, and their respective successors, legal representatives and assigns. All of the provisions of this Agreement will be binding upon all parties having or acquiring any right, title and interest in the Property or any part thereof, and will in all respects be regarded as covenants running with the land. The Property is subject to Protective Covenants dated October 30, 1997 and recorded on November 6, 1997 in the real property records of King County, Washington under recording number 9711060371, as amended by an Amendment to Protective Covenants dated June 25, 2004 and recorded on July 8, 2004 in the real property records of King County, Washington under recording number 20040708000011 (the "1997 Covenants"). Declarant is the successor in interest to the Declarant under the 1997 Covenants and is the Owner of more than 65% of the square footage of all Sites, as defined in the 1997 Covenants. In accordance with Section 8.02 of the 1997 Covenants, Declarant has the right to terminate, modify or amend the 1997 Covenants, as to the whole of the property covered by the 1997 Covenants, or any portion thereof. Therefore, Declarant covenants, agrees and declares that this Agreement supersedes the 1997 Covenants with respect to only the Property legally described on Exhibit A attached to this Agreement and, to the extent that any provisions of the 1997 Covenants conflict with or contradict the provisions of this Agreement with respect to that Property, the provisions of this Agreement will control. For purposes of clarity, and not intending to limit anything in the preceding sentence, the following provisions of the 1997 Covenants will not be applicable to the Property: Article III and Sections 4.04, 4.06, 4.07, 4.12, and 6.02. This Agreement will not supersede or replace the 1997 Covenants to the extent the 1997 Covenants apply to real property not described in Exhibit A attached to this Agreement. 3924/060 06/19/17 - 2 - cc&rs final tbarke\southcenter corp square ARTICLE I: DEFINITIONS 1.1 "Allocable Share" means that part of the Common Area Costs allocable to each Lot. The Allocable Share of each Lot will be determined by dividing the rentable area of the office and commercial space on the applicable Lot by the total rentable area of • all office and commercial space constituting the Park. Rentable area will be calculated in accordance with BOMA Standards. The current Allocable Shares of the Lots are set forth in Exhibit B attached. To the extent any Common Facilities are located in a building on a Lot, the Allocable Share of that Lot will be reduced by the rentable area of the space occupied by such Common Facilities. 1.2 "BOMA Standards" means the Standard Method for Measuring Floor Area in Office Buildings (ANSI/BOMA Z65.1-2010). 1.3 "Common Areas" means any of the following improvements or facilities located on any Lot in the Park: drainage swales and basins and other surface water management facilities and systems, any streams or open space areas, private roadways, driveways and drive aisles, the planting strips, sidewalks and traffic islands located in or adjacent to private roadways (including easement roadways and driveways),, and the planting strips, sidewalks and traffic islands adjacent to public roadways (to the extent that such strips, sidewalks and islands are not maintained at the expense of a public body), including without limitation all medians, boulevards, jogging and walking trails and picnic areas. The Common Areas will also include the Park signage, but not signage located on the Owner's Lots or individual buildings. The Common Areas will not include any of the parking areas located on an Owner's Lot. 1.4 "Common Area Costs" means all reasonable expenses paid or incurred in maintaining, operating, repairing, replacing and administering the Common Areas and the Common Facilities, and the personal property used in connection therewith, including without limitation, the costs of water, electricity, fuel; services; supplies; snow, garbage and refuse removal; landscape maintenance; service of independent contractors; the cost of liability insurance covering the Common Areas and the Common Facilities naming all Owners (and their Mortgagees) as additional insureds; taxes on personal property owned by the Operator and used primarily in connection with the operation or maintenance of the Common Areas and the Common Facilities; subsidies and other payments required by public bodies, including those for traffic signals and controls to the extent that they benefit all of the Owners; legal and accounting expenses and all other expenses or charges whether or not described above which, in accordance with generally accepted accounting and management practices, would be considered an expense of maintaining, operating, repairing, replacing and administering the Common Areas and the Common Facilities. Common Area Costs will include an administrative fee to the Operator in the amount of ten percent (10%) of all other Common Area Costs, excluding the administrative fee. 3924/060 06/19/17 - 3 - cc&rs final tbarke\southcenter corp square 1.5 "Common Facilities" means facilities located in• a building on a Lot and operated by Declarant or any successor Operator, which are available for the use of all tenants of the Park. The Common Facilities consist of (a) an exercise facility located in Suite 109 on the first floor of Building 8 of the Park at 635 Andover Park West in Tukwila, Washington, and (b) a conference room located in. Suite 105 on the first floor, of Building 8 of the Park at 635 Andover Park West in Tukwila, Washington. 1.6 "Development Standards" means those specifications set forth in Article VII of this Agreement. 1.7 "First Class Condition" means those standards upheld in maintenance, operation and/or condition of a well maintained suburban office/business complexes of similar age, design and composition to that of the Park located in south King County, Washington. 1.8 "Index" means the Consumer Price Index for All Urban Consumers (CPI- U) - Seattle -Tacoma -Bremerton (1982-1984 = 100), as published by the U.S. Department of Labor's Bureau of Labor Statistics (the "Bureau"). If the Bureau ceases to quote the Index or the Index is otherwise discontinued, the Index will be the replacement index of consumer prices published by the Bureau or if none a substitute index of consumer prices selected by the Operator. 1.9 "Lender" has the meaning given to it in Section 9.1. 1.10 "Lender's Deed of Trust" has the meaning given to it in Section 9.1. 1.11 "Lot" means and refers to any legally segmented and alienable portion of the Park, now existing or hereafter created through subdivision, short subdivision, boundary line adjustment, binding site plan approval or any other legal process for dividing land, with the exception of public streets and other publicly owned areas. 1.12 "Mortgage" means any recorded mortgage or deed of trust encumbering one or more of the Lots, including without limitation the Lender's Deed of Trust. 1.13 "Mortgagee" means and refers to the holder or beneficiary of any mortgage and will not be limited to institutional mortgagees. 1.14 "Occupant" means a lessee, tenant, or licensee of any Owner, or any person or entity other than Owner in lawful possession of a Lot or any portion thereof, with the permission of the Owner of such parcel. 3924/060 06/19/17 - 4 - cc&rs final tbarke\southcenter corp square 1.15 "Operator" means the Owner (or third party manager) responsible for the maintenance, repair, operation and management of the Common Areas under the terms of this Agreement. 1.16 "Owner" means and refers to the record owner. (whether one or more persons or entities) of a fee interest in any Lot, but excluding Mortgagees or other persons or entities having such interest merely as security for the performance of an obligation. Purchasers or assignees under recorded real estate contracts will be deemed Owners as against their respective sellers or assignors. Where a Lot is subject to a ground lease from the Owner of a Lot, with respect to such Lot, the term "Owner" means the ground lessee and not the ground lessor under the ground lease. ARTICLE II: MAINTENANCE OF LOTS, COMMON AREAS AND COMMON FACILITIES 2.1 Control of Common Areas and the Common Facilities. So long as Declarant owns any of the Lots, unless Declarant resigns or is removed as provided in this Agreement, Declarant will be the Operator and will have exclusive control over the Common Areas and the Common Facilities for maintenance purposes, responsibility for maintaining the Common Areas and the Common Facilities, and the right to contract with others and employ personnel at reasonably competitive market ,rates for such purposes. After Declarant no longer has any interest in any of the Lots, the Owners will select an Owner or third party property manager to act as Operator in accordance with the voting provisions of Section 2.5. 2.2 Common Area Standards. Except as otherwise provided in this Agreement, the Operator will operate and maintain or cause to be operated and maintained the Common Areas and the Common Facilities, in good order, condition and repair, reasonable wear and tear excepted, and in a First Class Condition. The Operator may delegate its duties under this Agreement to a property management company who performs property management functions with respect to portions of the Park owned by the Operator, provided as between the Owners and Operator, Operator will continue to remain principally responsible for the performance of the obligations and liabilities delegated to Operator under this Agreement. 2.3 Reimbursements. (a) Each Owner will pay to Operator its Allocable Share of all Common Area Costs in accordance with the terms of this Section 2.3. By December 1 of each calendar year, the Operator will provide to each Owner an estimated Common Area Costs budget for the Common Areas and the Common Facilities for the coming calendar year (the "Budget"). Except as provided below, the Budget will not require the approval of the 3924/060 06/19/17 - 5 - cc&rs final tbarkelsouthcenter corp square Owners. Each Owner will pay to the Operator, within ten (10) days after the beginning of each calendar month during the applicable calendar year, 1/12t of the amount estimated by Operator as such Owner's Allocable Share of the estimated Common Area Costs for such calendar year. Within one hundred fifty (150) days after the end of each calendar year, the Operator will provide to each other Owner a full and complete statement of the Common Area Costs incurred during the preceding calendar year, and if any Owner has paid more than its Allocable Share, the Operator will refund to such Owner the amount of the excess within thirty (30) days following receipt of such statement. Should any Owner have paid less than its Allocable Share during the preceding calendar year, then such Owner will pay to the Operator, within thirty (30) days following the receipt of such statement, the deficiency in its Allocable Share. (b) Notwithstanding any other provision in this Agreement, if the Budget for any calendar year provides for an increase in the estimated Common Area Costs for any calendar year over the actual Common Area Costs for the prior calendar year by an amount greater than the sum of (i) the percentage increase in the Index most recently published prior to December 1 in the then current calendar year over the Index most recently published prior to the preceding December 1, plus (ii) an additional five percentage points per annum, the Budget will be subject to the approval of Owners with at least sixty percent (60%) of the aggregate of all Allocable Shares. In addition, if the actual Common Area Costs exceed the estimated Common Area Costs in the annual Budget submitted to the Owners under Section 2.3(a) above by more than ten percent (10%), the amount of the increase must be approved by Owners with at least sixty percent (60%) of the aggregate of all Allocable Shares. (c) The Operator will maintain (or cause its property manager, if any, to maintain) books and records regarding Common Area Costs and the determination of the respective Allocable Share of each Owner for the applicable calendar year in accordance with a system of accounts and accounting practices consistently maintained on a year to year basis. The Operator will keep (or cause its property manager, as applicable, to keep), such books and records for a period of two (2) years after the end of each calendar year; provided, in the event of a dispute regarding the Allocable Share of any party, all such books and records will be maintained until resolution of the dispute. Each Owner will have the right, exercisable not more than once during any calendar year, and upon at least ten (10) days notice to the Operator, to review the books and records of the Operator (or its property manager) relevant to any statement or statements rendered by Operator under this section. If in an Owner's opinion, such review discloses an error in the Operator's (or its property manager's) books and records with regards to the calculation of the Allocable Share of such Owner, such Owner may cause an audit of the Operator's (or its property manager's) books and records which will be conducted by an independent certified public accountant designated by such Owner and reasonably acceptable to the Operator, who does not represent and is not employed by either the Owner or Operator (or their respective 3924/060 06/19/17 - 6 - cc&rs final tbarke'southcenter corp square property managers, if any) on any other matters. If any such audit discloses that an Owner overpaid its Allocable Share for any calendar year, the Operator will pay the Owner the amount of the overpayment within thirty (30) days after the results of the audit have been disclosed to all parties. If any such audit discloses an Owner underpaid its Allocable Share during any calendar year, such Owner will pay the Operator the amount of the underpayment within thirty (30) days after the results of the audit have been disclosed to both parties. All costs and expenses of the audit will be paid by the Owner who requests the audit; however, if any such audit discloses an error which results in the .overpayment by such Owner of its Allocable Share of Common Area Cost by ten percent (10%) or more, the Operator will promptly reimburse such Owner for the costs of the audit, which costs will not be charged as a Common Area Cost. Any audit or review of the Operator's books and records will occur at the principal office of the Operator (or its property manager, as applicable) in Seattle, Washington, or at such other location as the Operator (or its property manager) designates in the Seattle metropolitan area, and will occur during the normal business hours of the Operator (or its property manager). The results of any audit or review of the Operator's (or its property manager's) books and records and any information obtained from such review or audit will be kept confidential and any Owner conducting an audit or review under this section will require that its agents and representatives agree in writing to keep such information confidential. 2.4 Taxes. Except as otherwise provided in this Section 2.4, each Owner will pay before delinquency all real and personal property taxes, general and special assessments, including local improvement assessments, and other charges of every description, levied on or assessed against its Lot and on personal property located on or in its Lot. 2.5 Removal or Resignation of Operator. Any Owner acting as the Operator may be removed as the Operator upon written notice by an affirmative vote of Owners with greater than sixty percent (60%) of the Allocable Shares of all Owners. If an Operator is so removed the replacement Operator will be the Owner designated as the Operator by an affirmative vote of the Owners with greater than sixty percent (60%) of the Allocable Shares of all Owners. In the event that such vote does not result in any replacement Operator receiving 'a vote of more than sixty percent (60%) of the Allocable Shares of all Owners, then the Owner with the greatest number of Allocable Shares will serve as replacement Operator. Any such replacement Operator will be subject to all of the rights and obligations of the Operator under this Agreement accruing after the effective date of its appointment. Any Owner acting as the Operator will have the right, upon ninety (90) days prior written notice to the other Owners, to resign as. the Operator in which event the Owners will designate a replacement Operator by a vote of at least by an affirmative vote of the Owners with greater than sixty percent (60%) of the Allocable Shares of all Owners. In the event of the removal or resignation of an Operator., if the Owners have not within thirty (30) days thereafter designated an Owner as the Operator as provided above, 3924/060 06/19/17 - 7 - cc&rs final tbarke\southcenter corp square then unless otherwise agreed by the Owners, the Operator will be a property management company, with experience operating suburban office/business complexes in the Seattle, Washington metropolitan area, which will be selected and be approved by vote of the Owners, with the property management company receiving the votes with the greatest numbers of the Allocable Shares of all Owners becoming the Operator. In lieu of the 10% administrative fee, which shall not be paid, such property manager will be paid the standard market fee to act as the Operator and such fee will constitute a Common Area Cost. Notwithstanding any other provision of this Agreement, any Owner acting as the Operator under this Agreement will have no liability to the other Owner for acts undertaken in good faith in the exercise of reasonable business judgment, and in no event will any Owner acting as the Operator be liable to the other Owners other than for acts or omissions which constitute gross negligence or willful misconduct. 2.6 Rules and Regulations. The Operator will have the power to adopt (and from time to time amend) reasonable, nondiscriminatory rules and regulations concerning the Common Areas and the Common Facilities provided that such rules and regulations are not inconsistent with the provisions of this Agreement. Each Owner agrees to observe and comply with, and cause its Occupants to observe and comply with, such rules and regulations related to the Common Areas and the Common Facilities. 2.7 Maintenance and Operation of Lots. (a) Maintenance and Operation of Lots. Each Owner will maintain its Lot, buildings and improvements, including any signage present on the Lot, in First Class Condition and in compliance with all laws, rules, regulations, orders and ordinances of the relevant governmental authorities, as well as the provisions of this Agreement. Each Owner further agrees to maintain and repair, at its sole cost, in a clean, sightly and safe condition any exterior shipping/receiving dock area, any truck ramp or truck parking area and to store all trash and garbage in adequate containers maintained in a neat and clean condition and to be shielded in such a way that they will not be readily visible from any portion of the Common Areas or public streets. Each Owner will also arrange, at its sole cost, for regular removal of such trash and garbage from that Owner's Lot. The landscaping on all Lots will be neatly and attractively maintained, and will be cultivated and planted to the extent required to maintain an appearance in harmony with other Lots in the Project. Each Owner will maintain the landscaping on its Lot at its sole cost. The signage on each Lot will be stylistically consistent with signage throughout the Park. Each Owner shall maintain all parking areas, driveways, curbs and walkways located on its Lot in a clean and safe condition, including the paving and repairing or resurfacing of such areas when necessary with the type of material originally installed thereon or such substitute therefor as shall, in all respects, be equal or superior in quality, appearance and durability. In the event that an Owner fails to maintain its Lot, buildings, improvements, signage and landscaping in a First Class Condition, the Operator may have . the Lot, buildings., improvements and/or 3924/060 06/19/17 tbarke\southcenter corp square -8- cc&rs final landscaping maintained in a First Class Condition, subject to the notice provisions in subsection (b) below, and may charge the Lot Owner for the work in accordance with the provisions of Section 2.7(b). An Owner will not allow a condition to exist on its Lot which will materially and adversely affect any other Lot or any other Owner, and that is inconsistent with the terms of this Agreement. (b) Substitute Performance. Each Owner affirms its covenant to perform the maintenance and repair obligations stated in subsection (a) above. If the Operator reasonably believes that the conditions on any Lot do not meet the requirements of this Section 2.7 the Operator will provide the Owner with thirty (30) days prior written notice (except in the case of emergency where only reasonable notice prior to or after the emergency will be required and except after three such notices in any twelve month period where no further prior notice will be required) to perform the required maintenance and repair on such Owner's Lot. If the Owner does not perform such maintenance and repair within the 30-day period (except in case of emergency) or, to the extent the obligation cannot be fully performed within such 30-day period due to unavailability of materials or other causes beyond the Owner's reasonable control, fails to commence performance of the obligation within such 30-day period and/or fails thereafter to pursue performance diligently to completion, the Operator will have the right to perform such maintenance and repair on the Owner's Lot without the necessity of giving any further notice under this Agreement. In connection therewith, each Owner grants to the Operator and its agents, employees, representatives and contractors the right to enter upon such Owner's Lot for the purposes of performing such maintenance and repair. The non -performing Owner will pay all reasonable costs and expenses incurred by the Operator in connection with performing the maintenance and repair within ten (10) days after receipt of any statement form the Operator. If the Owner fails to timely reimburse the Operator for all reasonable costs and expenses incurred by the Operator in the performance of such work, the costs and expenses, together with interest thereon at determined in accordance with Section 10.3 of this Agreement, from the date due until paid in full, and together with such costs and reasonable attorneys' fees as may be incurred in seeking to collect such amounts, will be not only the personal obligation of such Owner, but will also be a charge on the land and will be a continuing lien upon the Owner's Lot, provided that such lien will be subordinate and inferior to (a) the lien of all taxes, bonds, assessments and other levies which by law would be superior thereto, and (b) the lien of any Mortgage against the Owner's Lot recorded prior to the recording of the lien. Such lien will be recorded and foreclosed in accordance with Section 10.3 hereof. ARTICLE III: INDEMNIFICATION AND INSURANCE 3.1 Indemnity - Buildings. Each Owner ("Indemnifying Party") will indemnify, defend and hold harmless each other Owner and their Occupants (each an "Indemnified Party") from and against all claims and all costs, expenses and liabilities 3924/060 06/19/17 - 9 - cc&rs final tbarke\southcenter corp square (including reasonable attorneys' fees and costs) incurred in connection with all claims, including any actions or proceedings brought thereon, arising from or as a result of the death of or any action, injury, loss or damage to any person or to the property of any person as will occur within the portion of the Park owned by the Indemnifying Party, except for claims caused by the negligence or willful misconduct of an Indemnified Party, its licensees, agents, employees and contractors. Whenever a provision for indemnity is set forth in this Agreement, in the event of the concurrent negligence of any party bound by this Agreement, which concurrent negligence results in injury or damage to person or property and relates to the construction, alteration, repair, addition to, subtraction from, improvement to or maintenance of the Park, the obligation to indemnify (including payment of the costs, expenses and attorneys' fees incurred by the party being indemnified in connection with the claim, action or proceeding brought with respect to such injury or damage) will be limited to the extent of the negligence of the party required to indemnify. The obligations of the Indemnifying Party under any indemnity provided for in this Agreement will not be limited by, and all persons now or hereafter bound by this Agreement waive, any worker's compensation provision (including but not limited to RCW Title 51) to the contrary or so limiting. EACH PARTY NOW OR HEREAFTER BOUND BY THIS AGREEMENT ACKNOWLEDGES AND AGREES THE INDEMNIFICATION AND WAIVER PROVISIONS SET FORTH IN THIS AGREEMENT WERE SPECIFICALLY NEGOTIATED AND AGREED TO BY THE PARTIES. 3.2 Property Insurance. Each Owner will carry or cause to be carried fire and extended coverage insurance in an amount equal to at least ninety percent (90%) of the replacement cost (exclusive of the cost of excavation, foundations and footings) of the improvements (including the Common Areas and the Common Facilities) located on its Lot, insuring against loss by fire and such other risks generally covered by extended coverage insurance. Such insurance will be carried with financially responsible companies licensed to do business in the State of Washington. Each Owner will use reasonable efforts to cause any Mortgagee of its Lot to agree to allow insurance proceeds to be used to pay for the cost of repairing and restoring Common Areas and the Common Facilities located on the Lot as provided for in this Agreement. During construction of improvements on its Lot, the insurance required under this Agreement must be in "builder's all-risk" form. 3.3 Liability Insurance. Each Owner will at all times during the term of this Agreement, maintain or cause to be maintained in full force and effect, commercial general liability insurance covering its Lot or Lots. Such insurance will (i) include coverage for any action resulting in personal injury to or death of any person and consequential damages arising therefrom, (ii) be in an amount of not less than $2,000,000 per occurrence, (iii) be issued by a fmancially responsible insurance company or companies licensed to do business in the State of Washington, and (iv) at the request of any other Owner expressly 3924/060 06/19/17 - 10 - cc&rs final tbarke\southcenter corp square name such other Owner as an additional insured. Unless otherwise agreed in writing by the Owners, the Operator will purchase and maintain for the benefit of all Owners, commercial general liability insurance covering the Common Areas and the Common Facilities in the amounts set forth above. The reasonable cost of any such insurance obtained by the Operator will be treated as a Common Area Cost, and any insurance policy so obtained by Operator will name all Owners (and their Mortgagees) as additional insureds. Each Owner (including Operator) will famish to any other Owner requesting the same evidence that the insurance required of it under this Agreement is in place. 3.4 Waiver of Subrogation. No Owner will be liable to any other Owner or to any insurance company (by way of subrogation or otherwise) insuring another Owner for any loss or damage to any building, structure or tangible personal property of the other occurring in or about the Park, even though such loss or damage might have been occasioned by the negligence of such party, its agents or employees, if such loss or damage is covered by insurance benefiting the party suffering such loss or damage or was required to be covered by insurance under terms of this Agreement. Each Owner will cause each insurance policy obtained by it to contain the waiver of subrogation clause. ARTICLE IV: RESTORATION 4.1 Restoration of Common Areas and the Common Facilities. In the event of any damage or destruction to, or taking by any governmental authority of all or any part of the Common Areas or the Common Facilities, the Operator will restore, repair or rebuild such Common Areas or the Common Facilities with reasonable diligence. Such restoration and repairs must be in accordance with the requirements of this Article 4. To the extent insurance or condemnation proceeds are insufficient to pay for the cost of such work, then all such excess costs and expenses of restoration and repair will be paid by the Owners in accordance with their respective Allocable Shares within thirty (30) days after written notice from the Operator. 4.2 Insurance and Condemnation Proceeds. Each Owner covenants that, unless the terms of the Mortgage on its Lot directs otherwise, all insurance and condemnation proceeds, if any, payable on the account of any damage or destruction to or taking of the Common Areas or the Common Facilities will first be made available to the Operator for the repair and restoration of any such damaged Common Areas or Common Facilities. Subject to the terms of the preceding sentence, any award for damages, whether obtained by agreement prior to or during the time of any court action or by judgment, verdict or order, or by agreement after any such action, resulting from a taking by exercise of the right of eminent domain of all or any portion of an Owner's Lot will belong to the Owner of any Lot so affected. Each Owner will use reasonable efforts to cause any Mortgagee of its Lot to agree to allow insurance and condemnation proceeds to be used to pay for the 3924/060 06/19/17 - 11 - cc&rs final tbarke\southcenter corp square cost of repairing and restoring Common Areas or the Common Facilities located on the Lot as provided for in this Agreement. 4.3 Licenses for Reconstruction. From time to time, an Owner may require and is granted a temporary license to use portions of the Common Areas for purposes of: (a) performing maintenance upon and making repairs to and/or making construction alterations, additions and improvements, or raising and replacing the whole or any part of the improvements located on its Lot including the Common Areas located thereon, and (b) obtaining access, ingress and egress to and from the improvements located on its Lot, including the Common Areas located thereon, as the case may be, to carry on such maintenance, repair and construction activities. With respect to all purposes for which a temporary license is needed, within a reasonable time prior to commencement of any such maintenance, repair or construction activities, the Owner desiring to undertake the same will submit to the other Owner whose Lot is affected, for its approval (which approval will not be unreasonably withheld or delayed), a plot plan of the Park on which will be delineated those portions of the Common Areas with respect to which such Owner reasonably requires a temporary license in connection with such repair, maintenance and construction activities, together with a description of and a schedule of the work, and the other Owner will, within ten (10) business days thereafter, notify the requesting Owner whether it approves or disapproves of such use. A failure to notify the requesting Owner in writing of the approval or disapproval thereof within the foregoing ten (10) business day period will constitute approval. If an Owner disapproves of any such use proposed by the other Owner, it must so notify the requesting Owner in writing and then the Owners will promptly meet and, acting in good faith, use their best efforts to resolve their differences. At all times during any Owners' use of the portion of the Common Areas as permitted by this section, such Owner will comply with all applicable requirements of this Agreement and upon cessation of such use will promptly restore the portions of the Common Areas so used to the condition in which the same were prior to the commencement of such use, including the clearing from such area of all loose dirt, debris, equipment and construction materials. Such Owner will also restore, at its cost and expense, any portions of the Park which may be damaged by such activities, promptly upon the occurrence of any such damage, and will at all times during the period of any such activities keep all portions of the Park, except that portion of those improvements upon which such activities are being performed, and except the portions of the Common Areas being utilized by such Owner under this section, free from and unobstructed by any loose dirt, debris, equipment or materials related to such activities. 4.4 Clearing. In the event of damage or destruction to any improvements to a Lot, if the Owner of such Lot elects not to repair, restore or rebuild such improvements that have been damaged or destroyed, then such Owner will demolish such improvements or the part thereof so damaged or destroyed, and all areas not restored to their original 3924/060 06/19/17 - 12 - cc&rs final tbarke\southcenter corp square condition will be leveled and cleared. All leveled and cleared areas will be kept weed free and clean at the expense of the Owner until such time as buildings are constructed thereon. ARTICLE V: RESTRICTIVE COVENANTS; USES 5.1 Prohibited Uses. (a) The following operations and uses will not be permitted in the Park: (a) trailer courts or recreation vehicle campground; (b) heavy industrial uses, junkyards, wrecking yards or recycling facilities, including, without limitation, battery and commercial solvent recycling or reclamation facilities; (c) mining, drilling for, or removing oil, gas or other hydrocarbon substances; (d) refining of petroleum, or of its products; (e) commercial excavation of building or construction materials, provided that this prohibition will not be construed to prohibit any excavation necessary in the course of approved construction on a Lot; (f) a storage, treatment or disposal facility for "Hazardous Substances" (defined below), provided that this prohibition will not be construed to prohibit storage or treatment of Hazardous Substances that are normally used in a general business office so long as .such storage and treatment is in compliance with Section 5.3 below; (g) dumping, disposal, incineration, or reduction of garbage, sewage, offal, dead animals, Hazardous Substances or other refuse; (h) smelting of iron, tin, zinc or any other ore or ores; (i) automobile, go-cart, motorcycle or quarter -midget race tracks or other vehicle endurance racetracks; (j) wood treating facilities; (k) pesticide formulators; (1) asphalt production; (m) single family or multi -family residential housing; (n) massage parlor, or adult bookstore, video store or arcade or entertainment facility selling, distributing or displaying pornographic materials, or (o) the use or operation of any facility selling, growing, distributing or handling marijuana or cannabis based substances. Notwithstanding the foregoing, each Owner and its Occupants shall be permitted to park commercial vehicles upon such Owner's Lot in connection with the use, operation and occupancy of the Lot. (b) No Owner will use or permit the use of its Lot, or any portion thereof, whether by an Occupant or otherwise: (i) for the conduct of any offensive, noisy or dangerous trade, business, manufacturing activity or occupation inconsistent with the operation of a of a well maintained suburban office/business complex in south King County; (ii) for the maintenance of any legal nuisance or the conduct of any activity which violates public policy, (iii) for any activity which physically and substantially interferes with the business of any other Occupant of the Project except as otherwise permitted under this Agreement, (iv) in violation of any law, ordinance, rule or regulation of any government authority having jurisdiction over the Project or any portion thereof, (v) use of its Lot not compatible with the operation of a of a well maintained suburban office/business complex in south King County, Washington and related parking facilities, including, without limitation, Occupant advertising media which can be heard or 3924/060 06/19/17 - 13 - cc&rs final tbarke\southcenter corp square experienced from the exterior of any Building or other improvement from which it emanates, such as search lights, loud speakers, phonographs, radios or televisions. 5.2 Liens and Encumbrances. Each Owner will keep the Common Area free and clear of, and will indemnify, defend and hold the other Owners harmless from, any and all liens and encumbrances arising or growing out of such Owner's acts or omissions, other than a Mortgage on the Owner's own Lot. If any lien is so filed against the Common Areas, the Owner responsible therefor will cause the same to be fully discharged and released of record within thirty (30) days after the filing of the same. Each Owner will have the right to contest in good faith by appropriate legal or administrative proceeding the validity of any prohibited lien, encumbrance or charge so long as (i) the Owner immediately commences its contest of such lien, encumbrance or charge, and continuously pursues the contest in good faith and with due diligence; (ii) foreclosure of the lien, encumbrance or charge is stayed pending the resolution of the contest; and (iii) the Owner pays any judgment rendered for the lien claimant or other third party within ten (10) days after the entry of the judgment. 5.3 Hazardous Substances. No Owner will keep nor permit any of its Occupants, employees, invitees, or contractors or agents to keep any substances designated as, or containing components now or hereafter designated as, hazardous, dangerous, toxic or harmful and/or subject to regulation under any federal, state or local law, regulation or ordinance ("Hazardous Substances") on or about its Lot. Notwithstanding the preceding sentence, an Owner may use, store and dispose of, or may permit others to use, store and dispose of, in, on and from its Lot, materials and supplies otherwise constituting Hazardous Substances that are normally used in the operation or maintenance of commercial real estate or generally used in a general business and/or office, provided such materials and supplies are used, handled, stored and disposed of in accordance with all applicable governmental rules, regulations, laws and requirements, and in accordance with all applicable manufacturers' or suppliers' recommendations. As between the Owners (but not for the purpose of establishing the liability of any Owner to a third party), each Owner will be fully and completely liable to the other Owners for any and all cleanup costs and expenses and any and all other charges, expenses, fees, fines, penalties (both civil and criminal) and costs imposed with respect to the use, disposal, transportation, generation and/or sale of Hazardous Substances, in or about the responsible Owner's Lot, and each Owner will indemnify, defend and hold the other Owners and the Occupants of the other Owners' Lots, harmless from any and all of the costs, fees, penalties, charges and expenses (including reasonable attorneys' fees and costs) assessed against or incurred by such other Owners or their Occupants as a result of the use, disposal, transportation, generation and/or sale of Hazardous Substances on or from the indemnifying Owner's Lot. 5.4 Notification Regarding Hazardous Substance From Governmental Authority. Any Owner that receives a notice, claim, lawsuit, or other correspondence from 3924/060 06/19/17 - 14 - cc&rs final tbarke\southcenter corp square any federal, state or other governmental authority relating to the threat, presence or investigation of any "hazardous material" or "hazardous substance" or "pollutant" or "contaminant" on its Lot or any adjacent area, will provide copies of same to all Owners within ten (10) days of receipt. 5.5 Condition of Property. Each Owner will be obligated to maintain its Lot at its own expense in a First Class Condition. ARTICLE VI: CONSTRUCTION OF IMPROVEMENTS 6.1 Required Approvals of Plans Required. (a) All buildings and improvements now or hereafter located on any Lot will be subject to the Development Standards and will be built and maintained in compliance with all applicable laws. In addition, so long as Declarant owns any of the Lots, no improvements will be erected or placed on any Lot and no exterior alterations will be made to existing improvements on a Lot or improvements hereafter erected or placed on a Lot until descriptive plans and specifications have been submitted to and approved in writing by Declarant, which such approval shall not be unreasonably withheld, conditioned or delayed. Approval required by this subsection will apply to and include signs. The descriptive plans and specifications will be submitted in duplicate over the authorized signature of the Owner or Occupant, or both, of the Lot or the authorized agent thereof, to Declarant, as required by this Section 6.1. The plans and specifications must be in a reasonably informative and detailed form, but will in any event include the following to the extent applicable to the improvements: (i) a site development plan of the Lot showing the nature, grading, scheme, kind, shape, composition and location of all structures with respect to the particular Lot (including proposed front, rear and side setback lines); (ii) a landscaping plan for the particular Lot; (iii) a plan for the location of signs and lighting; (iv) general building elevations and plans showing dimensions, materials and the external color scheme; and (v) site drainage plan showing water flows and collection and containment facilities, if any. (b) Material changes (whether at the initiative of the Owner or Occupant or to comply with applicable laws) in plans and specifications previously approved by Declarant must be similarly submitted to and approved by Declarant, as required by this Section 6.1. For purposes of the foregoing, a "material change" means any change that requires the approval of the local governmental jurisdiction or a change in exterior appearance, color or finishes. (c) In addition to the review process set forth in Section 6.1(a), exterior alterations to any Lot must meet the following: (i) no Owner without the consent of the 3924/060 06/19/17 - 15 - cc&rs final tbarke\southcenter corp square other Owners may change any of the Common Areas located on its Lot, and (ii) all exterior alterations must be in conformance with the Development Standards. 6.2 Future Development. By acquiring its Lot subject to the terms of this Agreement, each future Owner agrees it will not oppose any future development by any other Owner on a Lot so long as such development is done in accordance with the Development Standards. 6.3 Basis for Approval. Approval of plans and specifications submitted to Declarant under Section 6.1 above will be based upon, among other things, conformity and harmony of external design and placement with neighboring structures and streets, effect of location and use of proposed improvements -upon adjacent Lots, and adequacy of screening of mechanical, air conditioning or other rooftop or exterior installations. Disapproval must be specific. Upon disapproval of plans or specifications (or changes thereto) submitted to Declarant, neither the Owner nor the Occupant requesting the approval will take any further action regarding the proposed improvement or alterations to improvements until revising, resubmitting and obtaining the approval of such revised plans and specifications by Declarant. 6.4 Result of Inaction. If Declarant fails to either approve or disapprove plans and specifications submitted to it within fifteen (15) days after the same have been received, the submission will be deemed approved. Notwithstanding any deemed approval of plans and specifications submitted, the Owner or Occupant seeking the approval must comply with the provisions of this Agreement in connection with making any planned Improvements to its Lot. Declarant will notify the Owner and/or Occupant seeking its approval in writing upon receipt of all required plans and specifications, and the aforementioned fifteen (15) day period will commence on the date all required plans and specifications and other information are received by Declarant. Unless within seven (7) days after receiving a submission Declarant notifies in writing the Owner or Occupant requesting its approval of the submission that the plans and specifications and other information are incomplete, the submission will be deemed complete for purposes of this Section 6.4. 6.5 Proceeding with Work. Upon receipt of approval of the descriptive plans and specifications from Declarant, the Owner or Occupant, or both, to whom the same is given, will, as soon as practicable, satisfy any and all conditions of such approval and will diligently proceed with the commencement and completion of all approved excavation, construction, refinishing and alterations. In all cases, work will commence within one (1) year from the date of last approval, and if work is not so commenced approval will be deemed revoked unless Declarant, underwritten request made and received prior to the expiration of the one (1) year period, extends the period of time within which work must be commenced. Any and all excavation, construction, refinishing and alteration work will 3924/060 06/19/17 - 16 - cc&rs final tbarke\southcenter corp square proceed only if in conformity with all applicable laws and under valid permits from all necessary governmental authorities. 6.6 Completion of Work. Any improvements commenced under this Agreement will be completed in accordance with approved descriptive plans and specifications within two (2) years from commencement of construction of that Improvement, except that such period may be extended for so long as such completion is delayed due to strike, fire, national emergency, natural disaster or other cause (other than financial) beyond the control of the Owner or Occupant. Declarant may, upon written request received prior to the expiration of the two (2) year period, extend the period of time within which work must be completed. Failure to comply with this Section 6.6 will constitute a breach of this Agreement and subject the party in breach to the enforcement procedures set forth in this Agreement. 6.7 Construction Without Approval. If any improvement or sign will be erected, altered, placed or maintained upon any Lot, or any new use commenced upon any Lot, other than in accordance with the approval by Declarant under the provisions of this Article 6, such alteration, erection, placement, maintenance or use will be deemed to have been undertaken in violation of this Agreement, and upon written notice from Declarant any such improvement so altered, erected, placed, maintained or used upon any Lot in violation of this Agreement will be removed or altered so as to conform to this Agreement. Should such removal, alteration or cessation or amendment of use not be accomplished within thirty (30) days after receipt of such notice, and then the party in breach of this Agreement will be subject to the enforcement procedures set forth in this Agreement. 6.8 Enforcement. Declarant's approval and enforcement of the terms and conditions under this Section and the entire Agreement shall be performed in a nondiscriminatory manner. ARTICLE VII: DEVELOPMENT STANDARDS 7.1 Total Building Area. The total area of all buildings, including any dock areas, within any Lot will not exceed the total area allowed by applicable zoning laws or any recorded binding site plan or map affecting the Park. 7.2 Underground Utilities. Except for easements or utilities existing as of the date of this Agreement, and hoses and the like which are reasonably necessary in connection with normal lawn maintenance, and except as otherwise required by any utility provider, no water pipe, sewer pipe, gas pipe, drainage pipe, telephone, power or television cable, or similar transmission line on the Property shall be installed or maintained above the surface of the ground; provided, however, an Owner shall be permitted to install 3924/060 06/19/17 - 17 - cc&rs final tbarke\southcenter corp square underground utilities within its Lot provided that is obtains all necessary permits and complies with the terms and conditions set forth in Section 7.3 below. 7.3 Utility Lines and Rooftop Equipment. No sewer, drainage or utility lines or wires or other devices for the communication or transmission of electric current, power, or signals, including telephone, television, microwave or radio signals, will be constructed, placed or maintained any where in or upon any portion of a Lot other than within buildings or structures or on rooftops, unless the same will be contained in conduits or cables constructed, placed or maintained underground or concealed in or under buildings or other structures. 7.4 Mechanical Equipment. All mechanical equipment, storage tanks, generators, air conditioning equipment and similar items will be screened with landscaping or attractive architectural features integrated into the structure itself which screening will include both acoustic barriers and visual screening appropriate to reduce noise and unsightliness of equipment. So long as Declarant owns any Lot., Declarant must approve all screening. ARTICLE VIII: EASEMENTS 8.1 Ingress and Egress. Subject to the terms and conditions set forth in Section 8.2 below, Declarant, as grantor, grants to all present and future Owners, as grantees, for their benefit and the benefit of their respective tenants, contractors, employees, agents, customers, licensees and invitees, and the subtenants, contractors, employees, agents, customers, licensees of such tenants (collectively the "Benefited Parties"), a nonexclusive easement for ingress and egress from the public streets and roadways adjacent to the Park for vehicular and pedestrian traffic over and across the driveways, drive aisles, and private roadways located on the grantor's Lot. Nothing in this Agreement is intended to create any reciprocal parking easements among the Lots with respect to the use of the parking areas now or hereafter located on the Lots. 8.2 No Barriers, Etc. Except as set forth in this Section 8.2, no walls, fences or barriers of any kind will be constructed or maintained on any Lot or in the Common Areas or any portion thereof by any Owner. Subject to obtaining the necessary permits from the applicable governing agencies, however, the Owner or Occupant of Lot 2 shall be permitted to install security gates restricting access to or through the west side of its Lot. The type and location of such gates shall be approved by the applicable governing agencies. 3924/060 06/19/17 tbarkelsouthcenter Corp square - 18 - cc&rs final 8.3 Utility Lines and Facilities. (a) Declarant, as grantor, grants to all present and future Owners, as grantees, a nonexclusive easement under, through and across the Utility Easement Areas (as defined below) located on the Lots for the installation, operation, maintenance, repair and replacement of water drainage systems or structures, water mains, sewers, water sprinkler system lines, telephones, gas mains and other public or private utilities. All such systems, structures, mains, sewers, lines and other facilities must be installed and maintained below the ground level or surface of such easement except for ground mounted electrical transformers and such other facilities as are required to be above ground by the utility providing such service (including temporary service required during the construction, maintenance, repair, replacement, alteration or expansion of any buildings or improvements located in the Park). The installation, operation, maintenance, repair and replacement of such facilities will not unreasonably interfere with the use of the improved Utility Easement Areas or with the normal operation of any business conducted on a Lot. The grantee will bear all costs related to the installation, operation, maintenance, repair and replacement of such easement facilities, will repair to the original specifications and damage to the Utility Easement Areas on a Lot resulting from such use and will provide as -built plans for all such facilities to the Owners of all Lots upon which lines of facilities are located within thirty (30) days after the completion of construction of the same. No Owner will commence any work on the Utility Easement Areas on any Lot without first, obtaining the approval of the Owner of such Lot of plans and specifications for the proposed installations and facilities, which approval will not be unreasonably withheld, delayed or conditioned. For the purposes of this Agreement, the "Utility Easement Areas" will be those areas within the Park on which no building is located at the time the applicable utility is being installed. (b) At any time and from time to time the Owner of a Lot will have the right to relocate on its Lot any line or facility installed under Section 8.3(a) above provided that any such relocation location will (i) be performed only after sixty (60) days advance written notice of the Owner's intention to undertake the relocation has been given to the Owner of each Lot served by the utility line or facility, (ii) not unreasonably interfere with or diminish utility service to the Lot served by the utility line or facility, (iii) not reduce or unreasonably impair the usefulness or function of the utility line or facility, (iv) be performed without cost or expense to any other Owner or Occupant of any Lot served by the utility line or facility, and (v) provide for the original and relocated area to be restored to the original specifications. The Owner performing such relocation will provide as -built plans for such relocated utility lines or facilities to the Owners of all Lots served by such utility lines and facilities within thirty (30) days after the completion of the relocation. 3924/060 06/19/17 - 19 - cc&rs final tbarke\southcenter corp square (c) Any work proposed to be undertaken by an Owner under this Section 8.3 must be scheduled in advance with any other Owners who will be affected by the work. 8.4 Conduits. Declarant, as grantor, grants to all present and future Owners and their tenants, as grantees, a nonexclusive easement under, through and across the Lots for the operation, maintenance, repair and replacement of the existing telecommunications and fiber optic cable conduits presently located in the Park. The operation, maintenance, repair and replacement of such conduits will not unreasonably interfere with the use of the normal operation of any business conducted on a Lot. 8.5 Intentionally Deleted. 8.6 Common Facilities. Declarant, as grantor, grants to all present and future Owners and their tenants, as grantees, a nonexclusive easement over the Property for the purpose of using the Common Areas and the Common Facilities located on the Lots. Access to the Common Facilities will be subject to such reasonable security systems and procedures as may be in effect from time to time. 8.7 Telecommunications Demarcation Facility. Declarant, as grantor, grants to all present and future Owners and their tenants, as grantees, a nonexclusive easement for access to the main telecommunications demarcation facility for the Park located in the building currently known as Building 1 in Southcenter Corporate Square in Tukwila, Washington. In the event of the damage or destruction of such Building, if the Owner of such building elects to repair and restore such building, it also will repair and restore the main telecommunications demarcation facility to its condition immediately prior to the damage or destruction. Access to the telecommunications switching facility will be subject to such reasonable policies and procedures as the Owner of such building may implement from time to time. 8.8 Termination of Easements. Any easement granted under this Article 8 may be terminated by execution of an agreement so terminating the same, by the Owners of the Lots benefited thereby; provided, however, that the ingress and egress and utility easements may not be terminated without the prior written consent of the City of Tukwila. ARTICLE IX: MORTGAGEES 9.1 Consent of Current Mortgagee. Wells Fargo Bank, National Association ("Lender") is the present beneficiary of a Deed of Trust encumbering the Property, recorded in the real property records of King County, Washington (the "Lender's Deed of Trust"). By executing this Agreement in the space below, Lender consents to this Agreement and agrees the Lender's Deed of Trust will be subordinate to this Agreement, 3924/060 06/19/17 - 20 - cc&rs final tbarke\southcenter corp square except as provided in Sections 9.1, 9.2 or 9.4 of this Agreement or as otherwise provided in this Agreement. This Agreement will not in any way amend, modify, waive or otherwise affect the Lender's Deed of Trust or related loan documents, nor Lender's rights thereunder. This Agreement may not be amended, including without limitation any termination of an easement under Section 8.6, without the prior written consent of all Mortgagees. 9.2 Breach will not Defeat Mortgage. Notwithstanding the subordination of any Mortgage to this Agreement or that a lien arising under this Agreement may be prior to the lien of a Mortgage, neither the breach of any of the terms, conditions, covenants or restrictions of this Agreement, nor the Foreclosure of or pursuit of any remedy with respect to any lien arising under this Agreement, will affect, defeat or render invalid the lien or terms of any Mortgage, but (except as otherwise provided in this Agreement) such term, condition, covenant or restriction will be binding upon and effective upon any person (including any Mortgagee) who acquires title to such property affected by the lien of a Mortgage or any portion thereof, whether by foreclosure, trustee's sale, suit or by transfer in lieu of foreclosure or other method (such process being referred to as "Foreclosure"). 9.3 Mortgagee Notice. The Mortgagee under any Mortgage affecting a Lot will be entitled to receive notice of any default under this Agreement by the Owner whose Lot is encumbered by such Mortgage, provided that such Mortgagee delivers a copy of a notice in the form hereinafter contained to each Owner. The form of such notice will be substantially as follows: The undersigned, whose address is certifies that it is a Mortgagee, as defined in that certain Common Area Cost Sharing Agreement and Covenants, Conditions and Restrictions for Southcenter Corporate Square, of Lot _ of Southcenter Corporate Square, a legal description attached hereto as Exhibit A and made a part hereof. If any notice of default will be given to the Owner of such Lot, a copy will be delivered to the undersigned who will have all rights of such Owner to cure such default. Failure to deliver a copy of such notice to the undersigned will in no way affect the validity of the notice of default as it respects such Owner, but will make the same invalid as it respects the interest of the undersigned and its Mortgage upon such Lot. So long as the Lender's Deed of Trust encumbers any Lot, provided that Declarant or Lender has provided each party with Lender's notice address, Lender will be entitled to receive notice of any default under this Agreement by the party sending such notice. Any notice given to a Mortgagee (including Lender) will be given in the same manner as provided in Section 11.5 below. Each Owner agrees that if an Owner has failed to cure such default within the time provided for in this Agreement, then Mortgagee will have the 3924/060 06/19/17 - 21 - cc&rs final tbarke\southcenter corp square right, but not the obligation, to cure such default for a reasonable time (but in no event less than 30 days), or if such default cannot be cured within such reasonable time, then such additional time as may be necessary to cure such default, provided Mortgagee has commenced and is diligently pursuing the remedies necessary to cure such default, in which event the rights of the Owner will not be foreclosed, forfeited or adversely affected by virtue of the pursuit of any remedy arising under this Agreement during such reasonable time or while such remedies are being so diligently pursued. Nothing in this Section will impose any duty on any Mortgagee to cure any default. 9.4 Mortgagee's Title. A Mortgagee, its designee or nominee, or other person that acquires title to such Lot (other than the Owner) through Foreclosure will acquire title to the encumbered Lot free and clear of any lien or claim authorized by or arising out of the provisions of this Agreement, insofar as such lien secures, or such claim is for, the payment of any assessment, charge or other amount relating to events prior to the fmal conclusion of any such Foreclosure proceeding, including the expiration date of any period of redemption, but subject to all the terms, covenants, conditions, restrictions of this Agreement. After any such Foreclosure, any unpaid assessments, charge or other amount relating to events prior to the fmal conclusion of such Foreclosure will continue to exist and remain a personal obligation of the former Owner against whose Lot the same was levied. Any liens authorized, provided for in, or arising out of the provisions of this Agreement will be . subject and subordinate to the lien of any Mortgage upon a Lot (provided the Mortgagee is a third party and the Mortgage was given to secure a good faith obligation of the Owner whose Lot is encumbered). The sale or transfer of any Lot or any interest therein will not affect the liens provided for in this Agreement except as otherwise specifically provided for in this Agreement, except that any Foreclosure of :Lender's Deed of Trust will foreclose and discharge all such liens arising under this Agreement against all Lots encumbered by the Lender's Deed of Trust for any assessment, charge or other amount relating to events prior the final conclusion of such Foreclosure, including the expiration date of any period of redemption. In the event of a conflict between this Agreement and a Mortgage, the Mortgage will control. ARTICLE X: ENFORCEMENT 10.1 Right to Enforce. Subject to Section 10.2 below, any Owner will have the right to enforce, by any appropriate proceeding at law or in equity, all covenants, conditions, restrictions, reservations, liens and charges now or hereafter imposed by the provisions of this Agreement. Failure or forbearance by any person or entity so entitled to enforce the provisions of this Agreement to pursue enforcement will in no event be deemed a waiver of the right to do so thereafter. 10.2 Binding Arbitration. Except as provided below in this Section 10.2, all disputes among the Owners relating to this Agreement will be settled by binding 3924/060 06/19/17 - 22 - cc&rs final tbarke\southcenter corp square arbitration if requested by Declarant or any other party to the dispute. Unless otherwise agreed in writing by the parties to the dispute, the arbitration proceeding will be held in Washington State in accordance with the commercial arbitration rules of the American Arbitration Association, and the arbitration will be convened in Seattle, Washington. Unless otherwise agreed in writing by the parties there will be one arbitrator who will decide whether an issue is arbitrable and whether any claim is barred by a statute of limitation. Judgment on any arbitration award may be entered in any court having jurisdiction. Commencement of a lawsuit will not constitute a waiver of the right of any party to request arbitration if the lawsuit is contested. The arbitrator will be paid by both parties, provided, the arbitrator will have the power to award the prevailing party with its costs and expenses (including reasonable attorneys' fees and costs and reasonable travel and other related costs and expenses). Notwithstanding any of the foregoing, any party to the dispute will have the right, during and after the commencement of any arbitration proceeding, to exercise any of the following remedies, in any order or concurrently: (i) self-help remedies provided for in this Agreement; (ii) judicial foreclosure of any lien provided for in this Agreement; and (iii) equitable remedies such as seeking an injunction of any actual or alleged violation of any of the provisions of this Agreement or seeking specific performance of any provision of this Agreement. The exercise of any such remedies will not waive the parties' right to later request arbitration. 10.3 Effect of Non -Payment. If any payment of any assessment or charge due from an Owner under this Agreement is not made in full within thirty (30) days after it was first due and payable, the unpaid amounts will constitute a lien attaching as of the end of such thirty (30) day period in favor of the Operator against the Lot owned by such Owner and will bear interest from such due date at a rate not to exceed the greater of (a) twelve percent (12%) per annum, or (b) the highest rate then permitted by law. By acceptance of a deed to a Lot, execution of a real estate contract for the purchase of a Lot, or any other means of acquisition of an ownership interest, and whether or not it will be so expressed in any such deed or other instrument, each Owner will be deemed to grant thereby to the Operator, the right and power to bring all actions against such Owner for the collection of such assessments as a debt, together with reasonable attorneys' fees related thereto and to enforce the liens created by this Agreement by foreclosure of the continuing liens in the same form of action as is then provided for the foreclosure of a Mortgage on real property under applicable law; provided that in any Foreclosure of a lien created by or pursuit of any remedy arising under this Agreement, no Occupant of any portion of the Park will be named as a party to the action, nor will any other action be taken which would terminate any such occupancy without the prior written consent of all affected Mortgagees. 10.4 Remedies Cumulative. Except as otherwise provided in Section 10.2 above, the remedies provided for in this Agreement will not be exclusive and are in addition to all other remedies available at law or in equity. The obligations of the Owners and Occupants under this Agreement are unique and any remedy at law (such as damages) is inadequate. 3924/060 06/19/17 - 23 - cc&rs final tbarke\southcenter corp square In the event of a breach or violation or an attempted breach or violation of this Agreement, except as otherwise provided in Section 10.2 above, the party seeking to enforce this Agreement will be entitled to an injunction or specific performance, in addition to any other rights, remedies and awards available under this Agreement;at law or in equity. ARTICLE XI: GENERAL PROVISIONS 11.1 Non -Waiver. No waiver of any breach of this Agreement will constitute a waiver of any other breach, whether of the same or any other covenant, condition or restriction. 11.2 Attorneys' Fees. In the event of a suit, arbitration or other action or legal proceeding to enforce any provision of this Agreement or to collect any money due under this Agreement or to foreclose a lien, the unsuccessful party (including the Operator) in such suit or action will pay to the substantially prevailing party all costs and expenses, including title reports and all attorneys' fees that the substantially prevailing party has incurred in connection with the suit or action (including without limitation proceedings in bankruptcy court), in such amounts as the court may deem to be reasonable therein, and also including all costs, expenses and attorneys' fees incurred in connection with any appeal from the decision of a trial court or any intermediate appellate court. 11.3 Interpretation. The captions of the various articles and sections of this Agreement are for convenience of use and reference only and do not define, limit, augment or describe the scope, content or intent of this Agreement or any parts of this Agreement. The neuter gender includes the feminine and masculine, the masculine includes the feminine and neuter, and the feminine includes the masculine and neuter, and each includes a legal entity when the context so requires. The singular includes the plural whenever the context so requires. 11.4 Severability. Invalidation of any one of these covenants, conditions, restrictions, easements or provisions by judgment or court order will in no way affect any other of the same, all of which will remain in full force and effect. 11.5 Notices. All notices, demands or other communications ("Notices") required or otherwise given under this Agreement must be in writing. Notices given by mail will be sent postage prepaid by certified or registered U.S. mail, return receipt requested, and will be deemed given three (3) business days after the date of mailing thereof, or on the date of actual receipt, if sooner. Notices will be addressed to the last known address of the addressees. Notice to any Owner may be given at any Lot owned by such Owner; provided,, however, that an Owner may from time to time by Notice to Operator designate such other place or places or individuals for the receipt of future Notices. If there is more than one Owner of a Lot, Notice to any one such Owner will be 3924/060 06/19/17 - 24 - ' cc&rs final tbarke\southcenter corp square sufficient. Notices to the Operator shall be given at the following addresses; provided, however, that the Operator may from time to time by Notice to the Owners designate such other place or places or individuals for the receipt of future Notices: Southcenter Corporate Square, LLC c/o Pinnacle Commercial 635 Andover Park West, Suite 107 Tukwila, WA 98188 Attention: Tamara K. Maloney, CPM And to: Pacific Realty Advisors LLC 411 University Street, Suite 1200 Seattle, WA 98101 Attention: Jack Rader 11.6 Computation of Time. Unless otherwise specified, the word "day" means a calendar day, and the computation of time under this Agreement will include all Saturdays, Sundays and holidays for purposes of determining time periods specified in this Agreement. The term "business day" means any day other than a Saturday, Sunday or other day on which United States national banks are authorized or required by law to close. 11.7 No Public Right or Dedication. Nothing contained in this Agreement will be deemed to be a gift or dedication of all or any part of the Park to the public, or for any public use, except as may be specifically set forth on any recorded final plat or subdivision map. 11.8 Applicable Law. This Agreement will be construed in all respects in accordance with the laws of the State of Washington. 11.9 Covenants Running with the Land. The covenants, conditions, restrictions, liens, easements, enjoyment rights and other provisions contained in this Agreement are intended to and will run with the land and will be binding upon all persons purchasing, leasing, subleasing or otherwise occupying any portion of the Park, their heirs, executors, administrators, successors, grantees and assigns. All instruments granting or conveying any interest in any Lot and all leases or subleases will refer to this Agreement and will recite that it is subject to the terms hereof as if fully set forth therein; provided, however, all terms and provisions of this Agreement are binding upon all successors in interest despite an absence of reference thereto in the instrument of conveyance, lease or sublease. 3924/060 06/19/17 - 25 - cc&rs final tbarke\southcenter corp square 11.10 Release from Liability. Any Owner will be bound by this Agreement only during the period such person is an Owner, except as to obligations, liabilities or responsibilities that accrue during the period. 11.11 Not a Partnership. This Agreement is not intended to create, nor will it in any way be interpreted or construed to create, a joint venture, partnership or other such relationship among the Owners. Further, this Agreement is not intended to create, nor will it in any way be interpreted or construed to create, any third party beneficiary rights in any person or entity, other than the Owners, unless otherwise expressly provided for in this Agreement. 11.12 Amendments. This Agreement may only be amended by a written instrument executed by all of the Owners with at least eighty percent (80%) of the total Allocable Shares, and agreed by Mortgagees under any Mortgage affecting a Lot. Amendments to this Agreement will take effect upon the recording thereof in the real property records of King County, Washington. Notwithstanding anything to the contrary in this Agreement, however, the ingress and egress and utility easements in this Agreement will not be modified without the prior written consent of the City of Tukwila. (This Agreement continues on the following page) 3924/060 06/19/17 - 26 - cc&rs final tbarke\southcenter corp square 11.13 Exercise of Rights; Performance of Obligations. Each Owner and Operator, in exercising its rights or performing its obligations under this Agreement, will do so in a manner which minimizes any interference with the business activities of the lawful occupants of the Park. DATED as of the day and year first above written. DECLARANT: SOUTHCENTER CORPORATE SQUARE, LLC, a Delaware limited liability company By: PCCP CS Southcenter Corporate Square, LLC, a Delaware limited liability company, its Managing Member By: PacificCal II, LLC, a Delaware limited liability company, its Sole Member By: PacificCal, LLC, a Delaware limited liability company, its Sole Member By: PCCP CS Holdings, LLC, a Delaware limited liability company, its Managing Member 3924/060 06/19/17 - 27 - cc&rs final tbarke\southcenter corp square A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document ofState California^ ` County of L�,� %'m e S On J obe. 301.)- before me, C. le--. ?-aos , t.)c v\l.IR \o\ic (insert name and title of the officer) personally appeared Uj 1`1\iam ty1G who proved to me on the basis of satisfactory evidence to be/the persor}(.$) whose names' is/art subscribed to the within instrurnent and acknowledged to me that he/sbefth y executed the same in his/hoithetr authorized capacity(061, and that by his/h_erAPKir signatures.} on the instrument the person(, or the entity upon behalf of which the person(acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. C. K. RECINOS Notary Public - California 1 Los Angeles County +ny� Commission # 2197743 My Comm. Expires Jun 10, 2021 3924/060 06/19/17 - 28 - cc&rs final tbarke\southcenter corp square EXHIBITS: Exhibit A: Exhibit B: Legal Description of Property Allocable Shares 3924/060 06/19/17 - 29 - - cc&rs final tbarke\southcenter corp square CONSENT BY LENDER: WELLS FARGO BANK, NATIONAL ASSOCIATION By Name Title STATE OF COUNTY OF ) ss. On this day of Notary Public in and for the State of personally appeared , 2017, before me, the undersigned, a , duly commissioned and sworn , known to me to be the of WELLS FAR ¢b BANK, NATIONAL ASSOCIATION, the national banking association that executed the foregoing instrument, and acknowledged the instrument to be the free and voluntuy act . • deed of the bank, for the purposes therein mentioned, and on oath stated that he/sh . • authorized to execute the instrument. I certify that I know o haves . factory evidence that the person appearing before me and making this acknowledg>ti > is the person whose true signature appears on this document. WITNESS y hand and official seal hereto affixed the day and year in the certificate above ritten. 3924/060 06/19/17 tbarke\southcenter corp square Signature Print Name NOTARY PUBLIC in and for the State of , residing at My commission expires - 30 - cc&rs final EXHIBIT A LEGAL DESCRIPTION OF LAND LOTS 3 AND 4, CITY OF TUKWILA SHORT PLAT NUMBER L97-0049 (SOUTHCENTER CORPORATE SQUARE), ACCORDING TO THE SHORT PLAT RECORDED UNDER RECORDING NUMBER 9711069009, RECORDS OF KING COUNTY, WASHINGTON; EXCEPT RAILROAD TRACKAGE AND APPURTENANCES AS RESERVED BY UNION PACIFIC RAILROAD COMPANY, AS DISCLOSED BY DEED RECORDED UNDER RECORDING NO. 7607070502. 3924/060 06/19/17 - 31 - cc&rs final tbarke\southcenter corp square EXHIBIT B ALLOCABLE SHARES Buildings Allocable Share Buildings 1— 9 and 11 91.77% Building 10 8.23% 3924/060 06/19/17 - 32 - cc&rs final tbarke\southcenter corp square CALRF©1 6A LL-PURPOSE ACKNOWLEDGMENT MIL CODE § 11.89 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of --5a h OnJ J 2-00 Date personally appeared 0 before me, OA' , /0.7147�✓ PAd//c. Here Insert Name and Title of e Officer X /H1/1t T/e1.44 b-e Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person4 whose name) is/eke subscribed to the within instrument and acknowledged to me that I/she/ttx�y executed the same in /her/tj it authorized capacity(ils), and that by pfs/her/tOr signature ) on the instrument the perso , or the entity.upon behalf of which the personX acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. 211111111 11111111111111 11111111111. COMM. #2101101 NOTARY PUBIJC - CALIFORNIA SAN DIEGO COUNTY N. My Commission F.xp ma 03/22/2019 '111111111111111111111t1111111Ir11.11jIr Place Notary Seal Above WITNESS my h Signature nd official Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Named Above: Number of Pages: Signer(s) Other Than Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee . 0 Guardian or Conservator 0 Other: Signer Is Representing: Signer's Name: 0 Corporate Officer — Titie(s): 0 Partner — ❑ Limited 0 General 0 Individual ❑ Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 '1127/2017 BSIP L17-0005 ready for Director's signature - Jaimia Reavis BSIP L17-0005 ready fo, Director's signature Jaimie Reavis Tue 6/27/2017 4:09 PM To:John Schofield <jfschofield@comcast.net>; cc:Mark Crowell <mark@culinex.biz>; jackr@prallc.com <jackr@prallc.com>; Charlotte Archer <Charlotte@kenyondisend.com>; Nancy Bateman <NBateman@whpacific.com>; John, The drawings and CC&Rs have been reviewed and are ready for final signature. Please submit the final, original copy, with owners' notarized signatures, for our Director to sign. Thank you, Jaimie Jaimie Reavis Senior Planner 'City of Tukwila 6300 Southcenter Blvd, Suite 100ITukwila, WA 98188 ph: (206) 431-3659 Jaimie.ReavisPTukwilaWA.gov I www.tukwilawa.gov The City of opportunity, the community of choice. https://outlook.office365.com/owa/?viewmodel=ReadMessageltem&Item) D=AAMkADcwOTdiODIILTVIMjEtNDQwMi04MjJmLWUSYzBkNjVhZDIOYwBG... 1/1 City of Tukwila Allan Ekberg, Mayor Department of Community Development - Jack Pace, Director MEMORANDUM To: Bob Giberson via Joanna Spencer Jay Wittwer via Don Tomaso Richard Takechi From: Jaimie Reavis RE: Southcenter Corporate Square BSIP, 360 Corporate Dr. N. (parcel # 2623049144) Date: June 26, 2017 File: L17-0005 The above referenced binding site improvement plan is ready for final approval. Attached are the documents for recording. Please indicate your approval by putting your initials next to your name below. If you do not approve, indicate any additional requirements below. Approved by Jay Wittwer (/ (initials) Approved by Bob Giberson (initials) Approved by Richard Takechi (initials) Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov ARTICLE I: DEFINITIONS REC VED JUN 2 3 2017 Community Development 1.1 "Allocable Share" means that part of the Common Area Costs allocable to each Lot. The Allocable Share of each Lot will be determined by dividing the rentable area of the office and commercial space on the applicable Lot by the total rentable area of all office and commercial space constituting the Park. Rentable area will be calculated in accordance with BOMA Standards. The current Allocable Shares of the Lots are set forth in Exhibit B attached. To the extent any Common Facilities are located in a building on a Lot, the Allocable Share of that Lot will be reduced by the rentable area of the space occupied by such Common Facilities. 1.2 "BOMA Standards" means the Standard Method for Measuring Floor Area in Office Buildings (ANSI/BOMA Z65.1-2010). 1.3 "Common Areas" means any of the following improvements or facilities located on any Lot in the Park: drainage swales and basins and other surface water management facilities and systems, any streams or open space areas, private roadways ands driveways not serving exclusively any one Lotand drive aisles, the planting strips, sidewalks and traffic islands located in or adjacent to private roadways (including easement roadways and driveways), and the planting strips, sidewalks and traffic islands adjacent to public roadways (to the extent that such strips, sidewalks and islands are not maintained at the expense of a public body), including without limitation all medians, boulevards, jogging and walking trails and picnic areas. The Common Areas will also include the Park signage, but not signage located on the Owner's Lots or individual buildings. The Common Areas will not include any of the parking areas or private drive isles located on an Owner's Lot. Those drive aisles that aro included within the Common Areas arc shown crosshatched on Exhibit C attached to this Declaration. 1.4 "Common Area Costs" means all reasonable expenses paid or incurred in maintaining, operating, repairing, replacing and administering the Common Areas and the Common Facilities, and the personal property used in connection therewith, including without limitation, the costs of water, electricity, fuel; services; supplies; snow, garbage and refuse removal; landscape maintenance; service of independent contractors; the cost of liability insurance covering the Common Areas and the Common Facilities naming all Owners (and their Mortgagees) as additional insureds; taxes on personal property owned by the Operator and used primarily in connection with the operation or maintenance of the Common Areas and the Common Facilities; subsidies and other payments required by public bodies, including those for traffic signals and controls to the extent that they benefit all of the Owners; legal and accounting expenses and all other expenses or charges whether or not described above which, in accordance with generally accepted accounting and management practices, would be considered an expense of maintaining, operating, repairing, replacing and administering the Common Areas and the Common Facilities. 3924/060 06/19/17 - 3 - cc&rs final tbarke\southcenter corp square underground utilities within its Lot provided that is obtains all necessary permits and complies with the terms and conditions set forth in Section 7.3 below. 7.3 Utility Lines and Rooftop Equipment. No sewer, drainage or utility lines or wires or other devices for the communication or transmission of electric current, power, or signals, including telephone, television, microwave or radio signals, will be constructed, placed or maintained any where in or upon any portion of a Lot other than within buildings or structures or on rooftops, unless the same will be contained in conduits or cables constructed, placed or maintained underground or concealed in or under buildings or other structures. 7.4 Mechanical Equipment. All mechanical equipment, storage tanks, generators, air conditioning equipment and similar items will be screened with landscaping or attractive architectural features integrated into the structure itself which screening will include both acoustic barriers and visual screening appropriate to reduce noise and unsightliness of equipment. So long as Declarant owns any Lot, Declarant must approve all screening. ARTICLE VIII: EASEMENTS 8.1 Ingress and Egress. Subject to the terms and conditions set forth in Section 8.2(a) below, Declarant, as grantor, grants to all present and future Owners, as grantees, for their benefit and the benefit of their respective tenants, contractors, employees, agents, customers, licensees and invitees, and the subtenants, contractors, employees, agents, customers, licensees of such tenants (collectively the "Benefited Parties"), a nonexclusive easement for ingress and egress from the public streets and roadways adjacent to the Park for vehicular and pedestrian traffic over and across the drivewaysj.rive aisles, and private roadways located within the Common Area on the grantor's Lot. Nothing in this Agreement is intended to create any reciprocal parking easements among the Lots with respect to the use of the parking areas now or hereafter located on the Lots. 8.2 No Barriers, Etc. Except as set forth in this Section 8.2, no walls, fences or barriers of any kind will be constructed or maintained on any Lot or in the Common Areas or any portion thereof by any Owner. Subject to obtaining the necessary permits from the applicable governing agencies, however, the Owner or Occupant of Lot 2 shall be permitted to install security gates restricting access to or through the west side of its Lot. The type and location of such gates shall be approved by the applicable governing agencies. 3924/060 06/19/17 - 18 - ec&rs final tbarke\southcenter corp square EXHIBIT B ALLOCABLE SHARES Buildings Allocable Share Buildings 1 —9 and 11 91.77% Building 10 8.23% 3924/060 06/19/17 - 32 - cc&rs final tbarke\southcenter corp square City of Tukwila Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone (206) 431-3670 FAX (206) 4313666 E-mail: Planninq(a/TukwilaWa.gov BINDING SITE IMPROVEMENT PLAN NO. L17-0005 DECLARATION Know all men by these present that we, the undersigned, owner(s) in fee simple of the land herein described do hereby make a Binding Site Improvement Plan thereof pursuant to RCW 58.17.060. Any subsequent development of the site shall be in conformance with the approved and recorded Binding Site Improvement Plan. The undersigned further declare this Binding Site Improvement Plan to be the graphic representation of said Binding Site Improvement Plan and the same Is made with the free consent and In accordance with the desire of the owner(s). In witness whereof we have set our hands and seals. Name: Name: Name: Name: STATE OF WASHINGTON County of King On this day personally appeared before me to me known to be the individual who executed the within and foregoing inetrument and acknowledged that he/she signed the same as his/her voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of . 20 Signature: Name as commissioned: Title: My appointment expires: STATE OF WASHINGTON County of King On this day personally appeared before me to me known to be the individual who executed the within and foregoing instrument and acknowledged that helshe signed the same as his/her voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of 20_ Signature: Name as commissioned: Title: My appointment expires: LAND SURVEYOR'S CERTIFICATE , registered as a land surveyor by the State of Washington, certify that this plat is based on an actual survey of the land described herein, conducted by me or under my supervision; that the distances, courses and angles are shown hereon correctly; and that monuments other than those monuments approved for setting at a later date, have been sot and lot corners staked on the ground as depicted on the plat. (DATE: 6122/2017 2:32 PM) (AUTHOR: nbatemen) [PLOTTER: Urea-BIe1WPT2500I [STYLE: WHP-Standard.ctb] [PATH: P:ISoutlwenter Corporate Square LLCIP0015888W1Ezeaton1Drav 0S0Suntey115888W-V-CN-0S_412100 dw0) [LAYOUT: 01 COVER) Legal Description (Old) (PER STEWART TITLE COMPANY, ORDER NUMBER 206138666, ON AUGUST 22, 2006.) LOT 4, CITY OF TUKWILA SHORT PLAT NUMBER L97-0049 (SOUTHCENTER CORPORATE SQUARE), ACCORDING TO THE SHORT PLAT RECORDED UNDER RECORDING NUMBER 9711069009, RECORDS OF KING COUNTY, WASHINGTON; EXCEPT RAILROAD TRACKAGE AND APPURTENANCES AS RESERVED BY UNION PACIFIC RAILROAD COMPANY, AS DISCLOSED BY DEED RECORDED UNDER RECORDING NO. 7607070502. SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. Legal Description (New) LOTS 1. 2 & 3, CITY OF TUKWILA BINDING SITE IMPROVEMENT PLAN NUMBER L17-0005 (SOUTHCENTER CORPORATE SQUARE), ACCORDING TO THE BINDING SITE IMPROVEMENT PLAN RECORDED UNDER RECORDING NUMBER -_ —._ . RECORDS OF KING COUNTY, WASHINGTON, SUBJECT TO AND TOGETHER WITH EXISTING EASEMENTS; EXCEPT RAILROAD TRACKAGE AND APPURTENANCES AS RESERVED BY UNION PACIFIC RAILROAD COMPANY. AS DISCLOSED BY DEED RECORDED UNDER RECORDING NO. 7607070502. SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. Artrytyp,S (,/2///7 VOLUME PAGE APPROVALS KING COUNTY FINANCE DIVISION I certify that all property taxes are paid and that a deposit has been made in sufficient amount to pay the taxes for the following year; that there are no delinquent special assessments certified to this office for collection; and that all special assessments on any of the property herein dedicated as streets, alleys, or for other public use are paid in full. This day of , 20 King County Treasurer Deputy King County Treasurer KING COUNTY ASSESSOR'S APPROVAL Examined and approved by the Department of Assessments this day of 20 King County Assessor Deputy Assessor Parcel Number: 2823049144 TUKVVILA SHORT SUBDIVISION COMMITTEE APPROVAL Reviewed and approved by the Short Subdivision Committee and hereby certified for filing this day of . 20 Chairperson, Short Subdivision Committee VICINITY MAP SURVEY IN NW 1/4 OF SE _1/4 OF SECTION 26 ,T. 32 N..R 4 E.. W.M., IN KING COUNTY, WASHINGTON RECORDING CERTIFICATE Filed for record at the request of the City of Tukwila this day of 20__, at,__minutea past M. and recorded in Volumeof Plats, on page records of King County. Washington. King County Manager Supt. of Records and Electons OWNER(S): ADDRESS: PHONE: SOUTHCENTER CORPORATE SQUARE, LLC 635 ANDOVER PARK WEST, SUITE 107 2064118.9513 CITY/STATE/21P: TUKWILA, WA 98188 WHPacific COVER SHEET DRAWN BY NJB DATE 06/22/2017 .108 NUMBER P0015888W CHECKED BY SPF SCALE NOT TO SCALE SHEET OF 4 VOLUME PAGE City of Tukwila Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone (206) 431-3670 FAX (206) 431-3665 E-mail: Planninq(0TukwilaWa.gov BINDING SITE IMPROVEMENT PLAN NO. L17-0005 CALCULATED EAST 1/4 CORNER OF SCCT70N 26, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M. MATCH LINE SEE BELOW LEFT G O S38'05'42"F POINT OF BEGINNING- ' 30.00' FOUND LEAD PLUG AND TACK, wceT nt- Tnl,r nnAMFA • FOUND 1/2" IRON ROD WITH YELLOW PLASTIC CAP "166", 0.62' EAST OF TRUE CORNER ✓ L ` ELECTRIC CONDUIT\SIDEWALK o , l 1 i i. SCALE MATCH LINE SEE ABOVE RIGHT 50 _0 29 50 100 LEGEND s, FOUND BRASS CAP MON. IN MONUMENT BOX U FOUND MONUMENT AS NOTED Q LOCARON OF TITLE REPORT EXCEPTION SEE PAGE 3 FOR DESCRIPTION SETBACK LINE DRIVE AISLES EXIS7SNG CONCRETE WALK - EXISTING CONCRETE CURD 3a GUTTER REFERENCES: ( FEET ) 1 INCH = 50 FT. REFERENCE SURVEY PLATS VOL. 120/27-20, VOL. 104/8-10, VOL. 11/73-74, VOL. 63/22-23. REFERENCE SURVEYS: 54/212, 43/11S 120/26. SHORT PLAT NO. L97-0049 RECORDED UNDER RLLTA+U7NC N0. 9711069009, RECORDS OF KING COUNTY WASHINGTON. UNRECORDED AL7A/ASCU SURVEY BY W A H PACIFIC DATED DECEMBER 79, 7996, JOB NO 3-790S-010T NOTES: 1. THE TOTAL LAND AREA IS 315,456 SO FT, + (7.78 ACRES). 1. THE RECORD DESCRIPTION FORMS A awn MATHFMAITCAL FIGURE. 3. THESE PROPERTIES ARE VESTED IN SOMIKI67ER CORPORATE SQUARE, LLC, A DELAWARE UMIIEU (AWRY COMPANY. 4. PROPERTY TAX LOT AND ZONING DE57GNADONS TAX LOT NUMBER(0)1 2623049144 PARCEL ADORES& 380 ANDOVER PARK NEST ZONING: TUC-P s R/KIMLA URBAN CENTER - POND FRONT " 15', SECOND FRONT.. 75', 570E " 70', REAR " 10', HEIGHT - 715' 5. 'ME SU8207 PARCEL 13ES IN ME X. PER FEMA MAP NUMBER 5J033C0959F, DATED MAY 76, 1995 e. PARKING FOR SITE NEW LOT 7: NEW LOT 2: NEW LOT 31 38 COMPAcr: 28 STANDARD: 4 HANDICAPPED 45 COMPACT; 34 STANDARD, 4 HANDICAPPED 42 COMPACT: 272 STANDARD; B HANDICAPPED 7. THE UNDERGROUND UTILITIES SNOW HAVE BEEN LOCATED FROM FIELD SURVEY, CONDUCTED AUGUST 2006, OF OBSERVABLE FEATURES AND SUPPI EMENIED M71H INFORMATION FROM EXISTING CRANING& NE SURVEYOR MAKES NO GUARANTEE THAT ME UTILITIES SKIM COMPRISE ALL SUCH UTILITIES IN THE AREA EITHER IN SERVICE OR ABANDONED. THE SURVEYOR FURTHER DOES NOT WARRANT THAT DIE UNDERGROUND U71JTIE5 ARE IN 711E EXACT LOCATION INDICATED, BUT ARE LOCATED AS ACCURATELY AS POSSIBLE FROM INFORMATION AVAILABLE a RESERVATION OF RECIPROCAL ACCESS AND CIRCULATION EASEMENT FOR VEHICULAR MORE55 AND EGRE&R OVER AND ACROSS THOSE PORTIONS OF LOIS 7, 2, AND 3 THAT SERVE AS DRIVE AISLES (SHOW AS SHADED AREA) 1S TO BE GRANTED 8Y SEPARATE DOCUMENT, REG N0. 9. RESERVATION OF URU7Y EASEMENT O5£R, UNDER. AND 478055 THOSE PORTIONS OF LOTS 1, 2 AND J EXCEPT AREAS UNDER STRUCTURES FOR WAVER, POSER, TELEPHONE CAS, STORM DRAINAGE, SERER. AND CABLE URUTIES IS TO BE GRANTED BY SEPARATE DOCUMENT, REG N0. TO. ADDITIONAL TERMS TO BE GRANTED RV THE SEPARATE DOCUMENT TITLED COMMON AREA COST SHARING AGREEMENT AND EASEMENTS COVENANTS CONDITIONS AND RESTRICTIONS FOR 501TNCFN7FR CORPORATE SQUARE (00*8 ), REC. N0. CURVE DATA CURVE RADIUS DELTA LENGTH REARING CHORD C7 50.00' 90'06'49" 78.64' 346150'53"W 70.78' C2 15.00' 5445'56" 14.34' 1967042'44"W 13.80' C3 50.00' 289 31'52" 252.66' S01 54'18"W 57.61i 04 15.00' 54'45'56" 14.34' N64'31'20"E 13.80' C5 50.00' 89'53'11" 78.44' S43'09'07"E /0.64' C6 50.00' 54'36'23" 47.65' 1560'37'58"E 45.87' C7 50.00' 81'00'43" 70.70' N51'33'29"E 64.95' PARCEL DATA PARCEL SQ.FT. ACRE AVG. WIDTH AVG. LENGTH 1 61, 345 1.47 245 248' 2 51,811 1.19 250' 190' 3 202,302 4.64 500' 405' (j•REC. NO. 7610290608 QREC. NO. 7703070907 N 07 FOUND 1" IRON PIPE WITH YEL7.OW PLASTIC CAP, 0.09' NORTH OF TRUE CORNER FOUND 1/2" IRON ROD WITH YELLOW PLASTIC CAP "S4A", 0.11' EAST OF TRUE CORNER fr ANDOVER PARK WEST S01'47'29"W RE'C. NO. 200111200004.50 RUILDING 545 BUILDING 555 PROPOSED LOT 7 BOUNDARY N0126'45"E 248.48' 1-1------ 248.84' N0147'29"E FENCE CORNER 15 1.2'(W) OF PROP. LINE BRIDGE TO BE REMOVED_ LO I 1 in BUILDING 370 N ,u n 0 O FENCE IS 0.7'(W) OF PROP. LINE OWNERSHIP OF CHAINLINK FENCE APPEARS TO BE ADJOINING PARCEL 525.90 R/W S01'47'2.9"w PROPOSED I OT 3 451.30' / BOUNDARY BUILDING 565 BUILDING 575 23.11' PROPOSED 1.0T 2 BOUNDARY IN 01'54'171 225.35' BUILDING 350 267.11' 22.50' C3 r- TRASH BIN, CURB, AND FENCE TO BE BUILT WITH 5' SIDE AND REAR -YARD SETBACK 8 REC. NO. 20011120000450 10 (DATE: 6/22/2017 2:31 PM] (AUTHOR: nbet80'871 (PLOTTER:1 sea -Bell: FT'15C01 /STYLE: WHP-S1n1OM.Gtbl (PATH) Pi8out7cente9 Corporate Square 1LC1P0015688W,Execut/on\Dr0wing01Surv6y115888W'V•CN-06_cunentdwgl (LAYOUT: 02 PLAT] OWNER(S): SOUTHCENTER CORPORATE SQUARE, LLC ADDRESS: 636 ANDOVER PARK WEST, SUITE 107 CITY/STATE/ZIP: TUKWILA, WA 90188 1NHPacific PLAT DRAWN RY NJB DATE 06/22/2017 JOB NUMBER P0015888W CHECKED BY SPF SCALE 117 = 50' - 0" SHEET • OF 4 City of Tukwila Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone (206) 431.3670 FAX (206) 431.3665 E-mail: Planninq(7TukwilaWa.gov BINDING SITE IMPROVEMENT PLAN NO. L17-0005 EXCEPTIONS: SCALE 50 0 25 ein � J 50 100 (FEET) 1 INCH = 50 FT. THE FOLLOWING ARE PER FIDELITY NATIONAL TITLE COMPANY OF WA.SHINGi(TN, ING ORDER NUMBER 20374430-410—RA6, ON APR& 12, 2017: 4, RESERVATION OF EASEMENT AND THE TERMS AND CONDITIONS THEREOF: RESERVED BY.: UNION PACIFIC RAILROAD COMPANY, A UTAH CORPORATION PURPOSE: RAILROAD TRACKAGE AND APPURTENANCES AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: JILT 7, 7076 RECORDING NO:. 7607070502 NOT PLOTTABLE SQ EASEMENT AND TILE TERMS AND CONDITIONS THEREOF: GRANTEE: PUGET SOUND POWER & LIGHT COMPANY, A WASHINGTON CORPORATION PURPOSE UNDERGROUND ELECTRIC SYSTEM AREA AFFECTED: MORIN 1231 FEET OF SATO PREMISES RECORDED: OCT08ER 29, 7978 RECORDING N0. 7610290608 PLOTTED • RESERVATION OF EASEMENT AND THE TERMS AND CONDITIONS THEREOF: RESERVED Ott LIN/04 PACIFIC LAND RESOURCES CORPORATION, A UTAH CORPORATION PURPOSE RAILROAD AREA AFT C7E0: A NORTHERLY P0RT10N OF SAID PREMISES RECORDED: MARCH 7, 1977 RECORDING NO,: 7703070907 PLOTTED 8. EASEMENT FOR UNDERCRWND ELECTRIC SYSTEM AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PUGET SOUND POWER & LIGHT COMPANY AREA AIFECIED: PORTION OF SAID PREMISES RECORDED: JANUARY 73, 1978 RECORDING NO: 7801130876 NOT PLOTTABLE 10. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE PUGET SOUND ENERGY, INC. PURPOSE: GAS PIPELINE OR PIPELINES AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: JULY T8. 1997 RECORDING N0: 9707190493 LOCATION UNKNOWN. NOT PLOT79D HEREON. 13, EASEMENT AND TIE TERMS AND CONDI RUNS THEREON: GRANTEE: PUGET SOUND ENERGY, INC PURPOSE: GAS PIPELINE OR PIPELNES AREA AFFECTED: A PORTION OE SAID PREMISS RECORDED: NOVEMBER 20, 1997 RECORDING NO.: 9711200323 LOCATION UNKNOWN. NOT PLOTTED HEREON. 14 EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: OW65T CORPORATION, A DELAWARE CORPORATION PURPOSE: UNDERGROUND FIBER OPTIC CARLE SYSTEM AREA AFFECTED: PORTION OF SAID PREMISES RECORDED: NOIRMSEP 20, 14001 RECORDING NO.: 20071120000450 PLOTTED LEGEND Y 0 EXISTING EVERGREEN TREE TO REMAIN EXISTING DECIDUOUS TREE TO REMAIN EXISTING CONCRETE WALK -- EXISTING CONCRETE CURB & GUTTER 0 ANDOVER PARK WEST BUILDING 555 00 :RIDGE TO BE REMOVED — BUILDING 370 .-7 --PROPOSED LOT 3 BOUNDARY BUILDING 575 PROPOSED LOT 2 BOUNDARY BUILDING 360 TRASH BIN, CURB. AND FENCE TO BE BUILT WITH 5' SIDE AND REAR -YARD SETBACK VOLUME PAGE n o 00 0 t.1 c [DATE 6122/2017 224 PMj (AUTHOR' nbatemanj (PLOTTER: 11sea•ale11HPT25001 (STYLE; WHP•Stsndard.db( [PATH: P:1SDuticenter Corporate Square LLC1P0015888W1Ene0u00n1Dr9oongs1Survey115886WV•CN-05 ourrentdwg) [LAYOUT: 03 LS] OWNER(S): SOUTHCENTER CORPORATE SQUARE, LLC ADDRESS: 835 ANDOVER PARK WEST, SUITE 107 CITY/STAT.- OP: TUKWILA, WA 99198 WHPaafic 12. ha lip lel EXISTING VEGETATION DRAWN BY NJB I UAIE JOB NUMBER 06/22/2017 P0015888W cr CFIFCKFD BYSPF DCALC 111 = 501 - 0"SHE_. 3 OF 4 City of Tukwila Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone (208) 431-3670 FAX (206) 431-3665 E-mail: Planning@TukwilaWa.gov BINDING SITE IMPROVEMENT PLAN NO. L17-0005 NOTES: THE SITE IS LEVEL CONTOURS NOT 91014.1. -444rZ SCALE 50 0 25 50 100 ( FEET ) 1 INCH = 50 FT. ASPHALT AND BUILDLING IMPERVIOUS SURFACE DATA PARCEL. SQ.FT. ACRE 1 48,603 1.12 2 43, 430 0.99 3 167,987 3.86 LEGEND FIRE HYDRAP.T AUTO FlRE CONNED TION DQ WATER VALVE a WATER METER 2 POOT INTECA TOR �— WATER BLOW0rr W'—'— WATER PAINT MARK uTILIFY DOLT W/HrHr �- L'UY ANCHOR UTILITY POLE El POWER METER !P POWEP, VAULT POWER TRANSFORMER TFIFPHONE VAULT ❑ TEL ,'ONE RISFR Ta /ELEPHONE MANI IQI F, T TELEPHONE PAINi MARK • CAS METER GAS VENT • POWER PAINT MARK • CATCH 6ASrN STORM MANHOIF SO -- SIONM LINE o SErvER MANHOLE S— SEWER PAINT MARK GRAVEL EDGE — — — BUILDING EAVE • ,1iUN0P.GP: BOX NUMFiP'? OF COMPACT PARKING SPACES . — NUMBER or STANDARD PARKING SPACES HANDICAP PARKING .SPACE 172.64' 105.94' 157. Id' ANDOVER PARK WEST FIRE HYDRANT BUILDING 545 2 STORY F.F.=22.50 10,708 S.F. BIM WING 555 2 STORY F. F. =23.50 10,803 S.F. --SD —SDL—T-- -PROPOSED LOT 1 BOUNDARY • BRIDGE TO BE REMOVED ---- - LOT 1 10' BUILDING 370 2 STORY F.F=24.00 10, 845S.F. TRASH FIRE HYD7 5.0 ELL 4 HANDICAPPED SPACES AND N TOWER CROSSWALK TO BE ADDED PER IBC REQUIREMENTS AS PART OF 017-0093 R/W VOLUME PAGE PROPOSED LOT 3--� BOUNDARY UUILOING 565 2 STORY F.F. =22.50 10,921 S.F. 1 -.- BUILDING .575 2 STORY F.F.=23.50 10,709 S.F. PROPOSED LOT'21 -BOUNDARY I. 2 HANDICAPPED SPACES l TO DE ADDED' PER IBC ' P VENTS AS PAR b SLOT 2 � Y iI BWLDING 36U �, 2 STORY �! I F.F.=24,00 l0,BU7 S.F. I I 10' t TRASH 81N, CURB, AND FENCE 70 BE BUILT WITH 5' SIDE AND REAR —YARD SETBACK FlRE HYD (FIRE H ANT SIGN I — So — TRASH (DATE: 6122t2017 2:24 PM) (AUTHOR °batsman) (PLOTTER: \lma-file1\HPT2500j [STYLE: WHPStantard.cibj (PATH: PSS uttm— aT Caporals Square LLCP0015668YAExea111on1Dra inge\Suroe 163HaW-V-LN-ilrurrmrl dwgj [LAYOUT: 04 CIVIL) OWNER(S): SOUTHCENTER CORPORATE SQUARE, LLC ADDRESS: 635 ANDOVER PARK WEST, SUITE 107 CITYISTATEIZIP: TUKWILA, WA 90186 11HPacific EXISTING IMPROVEMENTS DRAWN BY N JS DATE 06/22/2017 JOB NUMBER P0015888W CHECKED BY S PP SCALE 1"=50'-0" SHEET 4 OF 4 City of-'ukwila r 'VISION SUBMITTAL Department of Community Development PLANNING DIVISION 6300 Southcenter Boulevard, Suite #100 Tukwila, Washington 98188 Phone: 206-431-3670 Revision submittals must be submitted in person at the Permit Center, ACCOMPANIED BY RESPONSE DOCUMENTS AND THIS COMPLETED FORM. Revisions will not be accepted through the mail, email, fax, etc. Date: 6-21-2017 Permit Number: L 17-0005 D 17-0093 Project Name: Culinex Kitchens Project Address: 360 corporate drive north Tukwila Wa. Project Contact: John Schofield Contact Phone number: 206 852 6102 City Planner: Jaimie Reavis PLEASE ATTACH A COPY OF ANY LETTER REQUESTING CORRECTIONS / ADDITIONAL INFORMATION ❑ Response to Preliminary Approval • Response to letter requesting additional information (Please attach a copy of the letter) • Final Short Plat Submittal Summary of revision/response submittal: Planning : Items 1 thru 6 completed on revised BSIP by Nancy Bateman Civil Transportation PE at WH Pacific Inc. Fire: Items 1 and 2 completed, new and approved property line with required set back drawn on revised BSIP by Nancy Bateman Civil Transportation PE at WH Pacific Inc. Public Works: Items 1 thru 5 All required wording and dates revised by Shawn Fitzpatrick PLS Cfeds and Nancy Bateman Civil Transportation PE at WH Pacific Inc. Two ADA parking stalls added to lot 1 by main entrance New drawings showing locations of ADA parking on lots 1 and 2 All verbiage is consistent on all documents and drawings. Bond /cash assignment has been completed Work under permit D 17-0093 bridge demo and ADA parking stalls will begin approximately 1 week after permit approval. Recording of easements and CC&R'S will be done when approved C:\UsersUohn\Documents\Revision Submittal Form.doc Revised: March 2014 City afffukwila [_'"VISION SUBMITTAL Department of Community Development PLANNING DIVISION 6300 Southcenter Boulevard, Suite #100 Tukwila, Washington 98188 Phone: 206-431-3670 Received at the City of Tukwila Permit Cen • r by: Entered in TRAKiT on C:\Users\John\Documents\Revision Submittal Form.doc Revised: March 2014 RE: finish line - Jaimie Reavis RE: finish line Jerry Hight Wed 6/21/2017 1:25 PM to:John Schofield <jfschofield@comcast.net>; cc:Mark Crowell <mark@culinex.biz>; Brenda Holt <Brenda.Holt@TukwilaWA.gov>; Minnie Dhaliwal<Minnie.Dhaliwal@TukwilaWA.gov>; Charlotte Archer <Charlotte@kenyondisend.com>; Nancy Bateman <NBateman@whpacific.com>; Jaimie Reavis <Jaimie.Reavis@Tu kwi la WA.gov>; Hello John, Here is the IBC accessible parking table. The number of accessible spaces are determined by the number of parking spaces you have. TABLE 1188.1 ACCESSIBLE PARKING SPACES TOTAL PARKING SPACES PROVIDED IN PARKING FACILITIES REOUFRED MINIMUM NUMBER OF ACCESSIBLE SPACES 1to25 1 26 to 50 2 51to75 3 76 to 100 4 101 to 150 5 151 to 200 6 201 to 300 7 301 to -100 $ 401 to 500 9 501. Io 1.000 215 o f Total 1.001 and over20• plus one for each 100. or faction then of .orer 1.000 Jerry E Hight MCP enlb Building Official I City of Tukwila 6300 Southcenter BLVD, Suite 100 I Tukwila, WA 98188 T: 206/431-3675 I F: 206/431-3665 Jerry.Hight(a,TukwilaWA.gov [2017] http://www.TukwilaWA.gov Rt Sv07+ W. i The City of opportunity, the community of choice. **My incoming and outgoing email messages are subject to public disclosure requirements per RCW 42.56 ** From: Jaimie Reavis Sent: Wednesday, June 21, 2017 12:47 PM To: John Schofield <jfschofield@comcast.net> Cc: Mark Crowell <mark@culinex.biz>; Jerry Hight <Jerry.Hight@TukwilaWA.gov>; Brenda Holt <Brenda.Holt@TukwilaWA.gov>; Minnie Dhaliwal<Minnie.Dhaliwal@TukwilaWA.gov>; Charlotte Archer <Charlotte@kenyondisend.com>; Nancy Bateman <NBateman@whpacific.com> Subject: Re: finish line https://outlook.office365.com/owa/?viewmodel=ReadMessageltem&Item) D=AAMkADcwOTdiODIILTVIMjEtNDQwMi04MjJmLWUSYzBkNjVhZDIOYwBG... 1/3 11/27/2017 RE: finish line - Jaimie Reavis Hi John, Below are responses to the items from your email, for items which involve City review: 1. The number of ADA spaces on each lot will need to meet the IBC requirements, with required pathways and loading/unloading areas. I discussed this in an email I sent you earlier today. 2. We did receive the bond, which I signed this morning. It is being routed for signature by the other required reviewers. Brenda Holt is the contact for the bond so please follow up with her if you have any questions. 3. I will need all items submitted to me before I spend more time reviewing this project - this includes the drawings, the CC&Rs, and any separate documents referenced on the plans (including the separate documents referenced in Notes 8 and 9 on Sheet 2 of 4. The sooner we receive these documents, the sooner they can be routed for review by Fire, Public Works, Finance, and DCD. 4. Correct - we will need the owners' notarized signatures on the final copy our Director will sign. 5. The drawings and all accompanying documents (CC&Rs and easements) need to be routed for review and signature by Fire, Public Works, Finance, and DCD. This normally takes at least a week, and if we're walking it around to expedite it, it's usually at least a few days. We will do our best to get the BSIP signed as soon as it's ready for final signatures, but it's unrealistic to expect to submit the final documents tomorrow morning for us to review and sign the final copy on the same day. 6. The final drawings will be taken by the applicant to King County after we have completed our review and signed the final documents. Thank you, Jaimie Jaimie Reavis Senior Planner 'City of Tukwila 6300 Southcenter Blvd, Suite 100ITukwila, WA 98188 ph: (206) 431-3659 Jaimie.ReavisPTukwilaWA.gov I www.tukwilawa.gov The City of opportunity, the community of choice. From: John Schofield <ifschofield(E comcast.net> Sent: Tuesday, June 20, 2017 3.34:39 PM To: Jaimie Reavis https://outlook.office365.com/owa/?viewmodel=ReadMessageltem&Item ID=AAMkADcwOTdiODIILTVIMjEtNDQwM'iO4MjJmLWUSYzBkNjVhZDIOYwBG... 2/3 ll/Z//ZUl t Kt: tlnlsn one - Janie Keavls Cc: Mark Crowell Subject: finish line Hi Jaimie, Again I want to thank you for all your help in getting this buttoned up, it would be a lot tougher without your guidance. Here is the new plan of attack version 310. 1. Jack has agreed to install two ADA parking spaces in front of 370 building entrance. Nancy will show location on drawings. Number of ADA spaces corrected from 0 to 2 per lot on drawing. la. All documents will be consistent with one another. 2. Checking to see if you received the Bond guaranteeing bridge removal work? 3. When Nancy and Courtney are finished and everything is forwarded to you, after you review I would like a conference call with Nancy, You and I to make sure everything is correct before I make another run to Bothell and Tukwila. 4. Get owners notarized signatures on all final copies. 5. Re -submit for your final approval Thursday. 6. Get recorded at King County Records Thursday afternoon before 3 p.m. 7. Close on sale Friday. We are real close to being finished, let's keep working together as we have been to get it done this week. Thank You John Schofield jfschofieldt comcast.net 206-852-6102 https://outlook.office365.com/owa/?viewmodel=Read Message Item&Item I D=AAM kADcwOTdiODIILTVI Mj EtN DQwM iO4MjJmLW USYzB kNjVhZD I OYwBG... 3/3 I-1/L//Lu-I / Re: ADA parking Ke: AUA parking - Jaimie Keavis Jaimie Reavis Wed 6/21/2017 12:09 PM To:John Schofield <jfschofield@comcast.net>; cc:Mark Crowell <mark@culinex.biz>; Jerry Hight <Jerry.Hight@TukwilaWA.gov>; Nancy Bateman <NBateman@whpacific.com>; Charlotte Archer <Charlotte@kenyondisend.com>; Minnie Dhaliwal <Minnie.Dhaliwal@TukwilaWA.gov>; John, The drawings should show how each lot will meet the ADA parking requirements, on sheets 2 and 4. This should be shown for each lot on Sheet 4 of 4 with the spaces and loading areas/pathways shown graphically and a note saying "spaces to be added" or "ADA spaces and accessible pathway to be added", or whatever language corresponds to improvements that need to be added to meet the ADA requirements on the lots. If the existing spaces meet the requirements, then the information in Note 6 (Sheet 2 of 4) just needs to be updated to reflect the correct number of existing accessible spaces. For spaces that will be added, the information for each lot in Note 6 on Sheet 2 of 4 should be updated with the actual number of spaces to be added, stating "x number of handicapped spaces to be added per IBC requirements as part of D17-0093". The ADA requirements come from the building code requirements of the IBC, I believe, but please coordinate with Tukwila's Building Official, Jerry Hight, if you have questions about the requirements. Jerry Hight is cc'd here, and can also be reached by phone at (206) 431-3675. Thank you, Jaimie Jaimie Reavis Senior Planner I City of Tukwila 6300 Southcenter Blvd, Suite 100ITukwila, WA 98188 ph: (206) 431-3659 Jaimie.ReavisPTukwilaWA.gov I www.tukwilawa.gov The City of opportunity, the community of choice. From: John Schofield <jfschofield@comcast.net> Sent: Tuesday, June 20, 2017 4:13:39 PM To: Jaimie Reavis Cc: Mark Crowell Subject: ADA parking Jaimie, where does the language promising to install ADA parking at 370 building need to appear on documents? Please advise. Thank you https://outlook.office365.coin/owa/?viewmodel=ReadMessageltem&Item ID=AAMkADcwOTdiODIILTVIMjEtNDQwMi04MjJmLWUSYzBkNjVhZDIOYwBG... 1/2 11/27/2017 Re: ADA parking - Jaimie Reavis John Schofield jfschofieldPcomcast.net 206-852-6102 https://outlook.office365.con/owa/?viewmodel=ReadMessageltem&Item) D=AAMkADcwOTdiODIILTVIMjEtNDQwMi04MjJmLWUSYzBkNjVhZDIOYwBG... 2/2 I I/L//LU1 / Ite: Southcenter Corporate Square BISP - Jaimir ivis Re: Southcenter Corpol ute Square BISP Jaimie Reavis Wed 6/21/2017 12:15 PM To:John Schofield <jfschofield@comcast.net>; ccjackr@prallc.com <jackr@prallc.com>; Mark Crowell <mark@culinex.biz>; Nancy Bateman <NBateman@whpacific.com>; John, If the legal description in the CC&Rs makes sense to the surveyor, then it is fine. Thank you, Jaimie Jaimie Reavis Senior Planner I City of Tukwila 6300 Southcenter Blvd, Suite 1001Tukwila, WA 98188 ph: (206) 431-3659 Jaimie.ReavisPTukwilaWA.gov l www.tukwilawa.gov The City of opportunity, the community of choice. From: John Schofield <jfschofield@comcast.net> Sent: Wednesday, June 21, 2017 12:03:01 PM To: Jaimie Reavis Subject: FW: Southcenter Corporate Square BISP Jaimie we need some guidance on this please. Please read Tom's comments. John Schofield jfschofield@comcast.net 206-852-6102 Original Message From: Mark Crowell [mailto:mark@culinex.biz] Sent: Wednesday, June 21, 2017 11:48 AM To: John Schofield Cc: 'Thomas Barkewitz'; jackr@prallc.com Subject: RE: Southcenter Corporate Square BISP I didn't see this. Jaime needs to review Tom's comments below and provide some direction. If she can't answer Tom's questions, then someone in the city attorney's office will probably need to. You can't submit the revised https://outlook.office365.com/owa/?viewmodel=ReadMessageltem&ItemID=AAMkADcwOTdiODIILTVIMjEtN!DQwMi04MJmLWUSYzBkNjVhZDIOYwBG... 1/9 11/27/2017 Re: Southcenter Corporate Square BISP - Jaimie Reavis survey to Jaime until the CC&Rs are revised. Mark Crowell, CRC Principal Culinologist 206.953.9776 mark@culinex.biz CuliNex, LLC Accounting Office: 3312 S. Plum St., Seattle, WA 98144 Test Kitchen: 3429 Airport Way S #10, Seattle, WA 98134 www.culinex.biz This email and any files transmitted with it are confidential and intended solely for the use of the addressee. If you are not the intended addressee, then you have received this email in error and any dissemination, forwarding, printing, copying or use is strictly prohibited. CuliNex, LLC will not be held liable to any person resulting from the unintended or unauthorized use of any information contained in this email or because of any additions or deletions of information originally contained in this email Original Message From: John Schofield fmailtojfschofieldPcomcast.net] Sent: Wednesday, June 21, 2017 11:22 AM To: Mark Crowell <mark@culinex.biz> Subject: FW: Southcenter Corporate Square BISP Not sure if you saw this John Schofield jfschofield@comcast.net 206-852-6102 Original Message From: Nancy Bateman [mailto:NBateman@whpacific.com] Sent: Wednesday, June 21, 2017 10:42 AM To: jfschofield@comcast.net Cc: Shawn Fitzpatrick Subject: FW: Southcenter Corporate Square BISP ...and this one. From: Nancy Bateman Sent: Wednesday, June 21, 2017 7:53 AM To: Thomas Barkewitz; Courtney Kaylor; Jack Rader Cc: Shawn Fitzpatrick Subject: RE: Southcenter Corporate Square BISP I am not in the office today. I will not be available to do the review today. I have the revised drawings ready for John to pick up at my office - four copies and one signed original set. John was going to write the letter. Is someone else available to do the review? Nancy From: Thomas Barkewitz [tbarkewitz@alcourt.com] Sent: Wednesday, June 21, 2017 7:16 AM https://outlook.office365.com/owa/?viewmodel=ReadMessageltem&Item ID=AAMkADcwOTdiOD1ILTVIMjEtN DQwMi04MjJmLW USYzBkNjVhZDIOYwBG... 2/9 11/Z//ZU1 / Ke: Southcenter corporate Square BISP - Jaimir wis To: Courtney Kaylor; Jack Rader; Nancy E nan Cc: Shawn Fitzpatrick Subject: RE: Southcenter Corporate Square BISP All, The legal description in the attached CC&Rs is the latest legal description I have of this property, which consists of Lots 3 and 4 of a 1997 Short Plat along with two easements benefiting those lots. My understanding is that the City requires the CC&Rs be in place before the boundary line adjustment is approved, so these CC&Rs are to be signed and recorded before the current boundary line adjustment is recorded. If that is not the case, then I will need a word version of the legal description of the entire property to insert as Exhibit A to the CC&Rs. That legal will have to include the recording number of the boundary line adjustment. The word Parcel in the legal description is used to avoid confusion with Lots. Under the current legal description, Parcel One is the fee interest in all of the property covered by the CC&Rs and Parcels Two and Three are the easements. Again, since the CC&Rs are meant to be recorded first, they must include the current legal description. The legal does not show the new lots because they will not exist when the CC&Rs are recorded. I have not seen the boundary line adjustment, but I am assuming it has both the current legal description and the revised legal description. Based on that, it should be clear that the CC&Rs cover the same property. If the CC&Rs are now going to be recorded after the boundary line adjustment is recorded, then I will need to wait until that is recorded and can change the legal description once I receive it. I assume Southcenter Corporate Square, LLC will still be the only owner at that point. If that is not correct, I will need the name and signature block of the other owner. Regards, Tom Original Message From: Courtney Kaylor (mailto:courtney@mhseattle.comj Sent: Tuesday, June 20, 2017 9:58 PM To: Jack Rader; 'Nancy Bateman'; Thomas Barkewitz Cc: 'Shawn Fitzpatrick' Subject: RE: Southcenter Corporate Square BISP Jack - - The changes Nancy made should address the ADA parking issue. - Tom should check the legal description on Exhibit A of the CC&Rs since Jaimie is questioning whether it is correct - if it is, it would be good to provide a response to Jaimie's questions about it (below). - Jaimie has requested that we review the CCR&S and drawings and make sure they are consistent. I am hoping Tom and Nancy can do this. - Jaimie has requested a cover letter explaining any/all changes. Nancy, this is probably in your court, once the consistency review is done. Courtney Courtney Kaylor https://outlook.office365.com/owa/?viewmodel=ReadMessageltem&Item) D=AAMkADcwOTdiODIILTVIMjEtNDQwMi04MjJmLWUSYzBkNjVhZDIOYwBG... 3/9 11/27/2017 Partner Re: Southcenter Corporate Square BISP - Jaimie Reavis MCCULLOUGH HILL LEARY, PS 701 FIFTH AVENUE, SUITE 6600 SEATTLE, WA 98104 TEL: 206.812.3388 DIRECT: 206.812.3379 FAX: 206.812.3389 courtney@mhseattle.com WWW.MHSEATTLE.COM NOTICE: This communication may contain privileged or confidential information. If you have received it in error, please advise the sender by reply email and immediately delete the message and any attachments without copying or disclosing the contents. Thank you. Original Message From: Jack Rader [mailtojackr@prallc.com] Sent: Tuesday, June 20, 2017 7:03 PM To: 'Nancy Bateman' <NBateman@whpacific.com>; 'Thomas Barkewitz' <tbarkewitz@alcourt.com> Cc: Courtney Kaylor <courtney@mhseattle.com>; 'Shawn Fitzpatrick' <spfitzpatrick@whpacific.com> Subject: RE: Southcenter Corporate Square BISP Thanks Nancy. We'II be back to you if anything more is required. Courtney; are we there yet? Jack Rader Pacific Realty Advisors LLC 411 University Street, Suite 1200 Seattle, WA 98101 (206) 618-9513 Original Message From: Nancy Bateman [mailto:NBateman@whpacific.com] Sent: Tuesday, June 20, 2017 6:55 PM To: Jack Rader <jackr@prallc.com>; 'Thomas Barkewitz' <tbarkewitz@alcourt.com> Cc: courtney@mhseattle.com; Shawn Fitzpatrick <spfitzpatrick@whpacific.com> Subject: RE: Southcenter Corporate Square BISP Here is what I have done to the drawings: Page 2 - 1. added two new handicapped stalls north of entrance door John described to me. 2. revised number of handicapped stalls for lot one and lot two from zero each to two each. It sounds like the CC&Rs need to be revised to use the word lot instead of parcel to match the plans. Let me know if you would like any other changes. Thanks, https://outlook.office365.com/owa/?viewmodel=ReadMessageltem&Item) D=AAMkADcwOTdiODIILTVIMjEtN DOwMi04MjJmLWUSYzBkNjVhZDIOYwBG... 4/9 11/U/LUl / Nancy rce: outncenter corporate Square UISN - Jalmie wis From: Jack Rader [jackr@prallc.com] Sent: Tuesday, June 20, 2017 5:12 PM To: 'Thomas Barkewitz'; Nancy Bateman Cc: courtney@mhseattle.com Subject: RE: Southcenter Corporate Square BISP Just to be clear, there is no shared parking. Each lot has sufficient parking to satisfy city code. We do need to add handicap stalls to the lots which don't have them, however. And maybe a couple of other minor tweaks. Jack Rader Pacific Realty Advisors LLC 411 University Street, Suite 1200 Seattle, WA 98101 (206) 618-9513 From: Thomas Barkewitz[mailto:tbarkewitzPalcourt.com] Sent: Tuesday, June 20, 2017 4:55 PM To: Nancy Bateman <NBateman@whpacific.com>; Jack Rader <jackr@prallc.com> Cc: courtney@mhseattle.com Subject: RE: Southcenter Corporate Square BISP Nancy and Jack, I had understood there was no shared parking and that only the one driveway was a common area. But if that has changed, I will be glad to make whatever changes you need me to make. Regards, Tom From: Courtney Kaylor [mailto:courtney@mhseattle.com] Sent: Tuesday, June 20, 2017 3:58 PM To: Thomas Barkewitz; Nancy Bateman Cc: Jack Rader; Mark Crowell; John Schofield Subject: Southcenter Corporate Square BISP Tom and Nancy - I am writing to introduce you. Tom is the attorney handling the CC&Rs. Nancy is with the civil engineering firm preparing the BISP. The Tukwila land use planner reviewing the BISP has identified some discrepancies between the BISP plans and the CC&Rs (see forwarded email below). Jack has asked that the team review and reconcile any differences. Since I am not handling the CC&Rs, I think it would be most efficient if you two coordinate directly, although I'm happy to assist as necessary. (I am also copying Marc Crowell, buyer, and John Schofield, buyer's representative who has been assisting with permit expediting.) Courtney Courtney Kaylor Partner McCullough Hill Leary, ps https://outlook.office365.com/owa/?viewmodel=ReadMessageltem&Item ID=AAMkADcwOTdiODIILTVIMjEtNDOwMi04MjJmLW USYzBkNjVhZDIOYwBG... 5/9 11/27/2017 Re: Southcenter Corporate Square BISP - Jaimie Reavis 701 Fifth Avenue, Suite 6600 Seattle, WA 98104 Tel: 206.812.3388 Direct: 206.812.3379 Fax: 206.812.3389 courtney@mhseattle.com <mailto:courtney@mhseattle.com> https://linkprotect.cudasvc.com/url?a=https://www.mhseattle.com&c=E,1,dgcT9W 44ttL7xt0-HGDhZmLUOYH3JZgjbEc1DIu4FkRhJfvZij9KwwKU3ncLABWzu-cOnl1f31poaenww9 YEIMpAR5w-tm140sfPIUAd&typo=1 <https://linkprotect.cudasvc.com/url?a=http://w ww.mhseattle .com/&c=E,1,21TzHatUhOwB1-9TFC0X7L4g35bKknYtQ0gD3gQNo_L32B311fkjJ_fW0o9CtHsh EG2768xhFwYr_ax8ES71hMf6BxbHDvIpm08aNTgTg72xeR2XgCQRrQ,&typo=1> NOTICE: This communication may contain privileged or confidential information. If you have received it in error, please advise the sender by reply email and immediately delete the message and any attachments without copying or disclosing the contents. Thank you. From: Jaimie Reavis [mailto:Jaimie.ReavisPTukwilaWA.govl Sent: Tuesday, June 20, 2017 12:19 PM To: John Schofield <jfschofield@comcast.net<mailtojfschofield@comcast.net» Cc: Jerry Hight <Jerry.Hight@TukwilaWA.gov<mailto:Jerry.Hight@TukwilaWA.gov> >; Mark Crowell <mark@culinex.biz<mailto:mark@culinex.biz»; Nancy Bateman <NBateman@whpacific.com<mailto:NBateman@whpacific.com»; Charlotte Archer <Charlotte@ kenyondisend.com <mailto:Charlotte@kenyondisend.com> >; jackr@prallc.com<mailto jackr@prallc.com>; Brenda Holt <Brenda.Holt@TukwilaWA.gov<mailto:Brenda.Holt@TukwilaWA.gov»; Joanna Spencer <Joanna.Spencer@TukwilaWA.gov<mailto:Joanna.Spencer@TukwilaWA.gov>>; Minnie Dhaliwal <Minnie.Dhaliwal@TukwilaWA.gov<mailto:Minnie.Dhaliwal@TukwilaWA.gov» Subject: Re: CC&Rs John, We spoke yesterday about the issue with ADA accessible parking stalls, and how they're needed for each lot if there won't be an agreement for shared parking (more info on this below). I understood from speaking with you yesterday that the CC&Rs include shared parking among the lots, which it did not have in previous versions. However, the draft you sent me this morning has not been changed to include shared parking areas. The definition of "Common Areas" on sheet 3 specifically says the following: "The Common Areas will not include any of the parking areas or private drive isles located on an Owner's Lot. Those drive aisles that are included within the Common Areas are shown crosshatched on Exhibit C attached to this Declaration." The crosshatched areas shown on Exhibit C only include Corporate Drive North, which does not make sense since this is a public street, as I mentioned in my email last week. There may be other inconsistencies between the CC&Rs, easements, and survey sheets but this should be reviewed by someone on your team (i.e., attorney, surveyor, etc.) to make sure that it all is coordinated. I didn't read through the entire https://outlook.office365.com/owa/?viewmodel=ReadMessageltem&Item ID=AAMkADcwOTdiODIILTVIMjEtNDQwMi04MjJmLWUSYzBkNjVhZDIOYwBG... 6/9 I I/L//LU-I / soutncenter corporate Square BISP - Jaimir wis CC&Rs again once I realized that things I n't all been coordinated. What's included in the survey sheets, CC&Rs, and easements all need to be reviewed together so the information is consistent. As far as the ADA parking goes, a previous version of the survey only had the total amount of accessible stalls for all the lots. At some point, Note 6 on Sheet 2 was changed to show the number of stalls for each new lot. If parking areas will not be shared among the new lots, each new lot will need to have its own ADA stalls. Additionally, the existing information in Note 6 is incorrect, since looking at Sheet 4 and aerial photos, it appears that the new Lot 2 does have existing ADA parking stalls. New Lot 1, however, will not have any and so either the CC&Rs need to be changed along with a note on Sheet 2 to allow reciprocal parking or parking areas on Lot 1 will need to be restriped to include ADA parking. Also, the legal description in Exhibit A of the CC&Rs does not make sense to me...it mentions "parcels" which I'm not sure refer to the new lots. It would be good to use wording consistent with what's on the survey drawings, and maybe reference the BSIP file number. The legal descriptions also include the information about utility and parking as the first part of the legal description for a couple of the lots. Usually these are written at the end of the legal description with words like "together with" or "subject to". Please have someone review all the documents, make sure provisions have been made for shared facilities and maintenance of shared facilities (utilities, access, parking, landscaping, signage, etc.), and make sure that all the documents are consistent with one another. All the documents need to be submitted at the same time we conduct our next review of the revised survey drawings - so I need the CC&Rs and any easements (if they will be recorded separately) - to be submitted to us at the same time we review the final drawings. Please also submit a letter explaining how everything has been revised and reviewed for consistency. In the letter, explain the status of the other items that need to be in place before we can sign the final copies of the BSIP - the bond/cash assignment for work under D17-0093, and the timing for recording of easements and CC&Rs shown on the BSIP. Thank you, Jaimie Jaimie Reavis Senior PlannerlCity of Tukwila 6300 Southcenter Blvd, Suite 100ITukwila, WA 98188 ph: (206) 431-3659 https://outlook.office365.com/owa/?viewmodel=ReadMessageltem&ItemID=AAMkADcwOTdiODIILTVIMjEtNDQwMi04MjJmLW USYzBkNjVhZDIOYwBG... 7/9 11/27/2017 Re: Southcenter Corporate Square BISP - Jaimie Reavis Jaimie.Reavis@TukwilaWA.gov<mailto:Jaimie.Reavis@TukwilaWA.gov> https://linkprotect.cudasvc.com/url?a=https://www.tukwilawa.gov&c=E,1,PNcVfE p9UFC1_RWMmS5C71wiPHQHC6s7xScx8WpRuA2vJy-ag4PAzL_WGHfEMoo_t7Q09S5LA_BZSK-ahK ONb60ok0Ugz16id8CFkuyEX-d-nQUX9C8vcng,&typo=1 <https://linkprotect.cudasvc.co m/url?a=http://www.tukwilawa .gov/&c=E,1,CpTkKyKjiN4velo2XE7zfJte1KYFIkjUoXdflmWlNim81_Cc7y38Svnsggl_Vem0 MpHGCdvCnR1K-7gVR6b_1hezOpJ15NOfEYVyUVeXASv0tbC5&typo=1> The City of opportunity, the community of choice. From: John Schofield <jfschofield@comcast.net<mailtojfschofield@comcast.net> > Sent: Tuesday, June 20, 2017 9:44:06 AM To: Jaimie Reavis Cc: Jerry Hight Subject: FW: CC&Rs Jaimie, For your review. I will drop off hard copy soon. John Schofield jfschofield@comcast.net<mailto:jfschofield@comcast.net> 206-852-6102 From: Mark Crowell [mailto:mark@culinex.biz] Sent: Tuesday, June 20, 2017 9:22 AM To: John Schofield Subject: CC&Rs John, here are the final CC&Rs and mark up. See if Jaime can review today and let us know (in writing preferably) that these are o.k. I'm still waiting to hear if Courtney reached agreement with the city attorney to drop the separate easement requirement. Mark Crowell, CRC https://outlook.office365.com/owa/?viewmodel=ReadMessageltem&Item) D=AAMkADcwOTdiODIILTVIMjEtNDQwMi04MjJmLWUSYzBkNjVhZDIOYwBG... 8/9 11/2//2U1 / Principal Culinologist Re: Southcenter Corporate Square BISP - Jaimi€ wis 206.953.9776 mark@culinex.biz<mailto:mark@culinex.biz> CuliNex, LLC Accounting Office: 3312 S. Plum St., Seattle, WA 98144 Test Kitchen: 3429 Airport Way S #10, Seattle, WA 98134 https://linkprotect.cudasvc.com/url?a=https://www.culinex.biz&c=E,1,RoVKxahN uGTzLp70XYU0EIn21Q21c03G5RH9fal_QIHnrUwbUJ-OphohRndVSImkYPgnjtFgiIpe5VZOXYtF VuOFtsLMb_GW2DHkwun-scRwgA„&typo=1 <https://linkprotect.cudasvc.com/url?a=ht tp://www.culinex.biz /&c=E,1,0dtrEbpGxXk5W56KCM0Pq_vfjhojgoLPMn5nW48483WmJQuQHD4ympzblB9pEJ9LTly mm3Jc_wywTeIOCBAbgKAMbuTgLLYUKSdexat_w„&typo=1> This email and any files transmitted with it are confidential and intended solely for the use of the addressee. If you are not the intended addressee, then you have received this email in error and any dissemination, forwarding, printing, copying or use is strictly prohibited. CuliNex, LLC will not be held liable to any person resulting from the unintended or unauthorized use of any information contained in this email or because of any additions or deletions of information originally contained in this email https://outlook.office365.com/owa/?viewmodel=ReadMessageltem&ItemID=AAMkADcwOTdiODIILTVIMjEtNDQwMi04MjJmLW USYzBkNjVhZDIOYwBG... 9/9 I I/LIILV 1 / RECC&Rs Kt: laakKs - Jaime Keav's Nancy Bateman <NBateman@whpacific.com> Tue 6/20/2017 12:49 PM To:Jaimie Reavis <Jaimie.Reavis@TukwilaWA.gov>; Cc:John Schofield <jfschofield@comcast.net>; Hi Jaimie, That parking break out error is on me. Sorry about that. Thanks for catching it. Take care, Nancy Bateman I Civil Transportation PE WHPacific, Inc. 112100 NE 195th St, Ste 300, Bothell, WA 98011 Direct 425.951.4708 I Fax 425.951.4808 I nbateman@whpacific.com Licensed to Practice in Washington State Enhancing Client Satisfaction through Creative, Exceptional Service NMSDC Certified MBE/CPUC Certified MBE From: Jaimie Reavis[mailto:Jaimie.Reavis@TukwilaWA.gov] Sent: Tuesday, June 20, 2017 12:19 PM To: John Schofield <jfschofield@comcast.net> Cc: Jerry Hight <Jerry.Hight@TukwilaWA.gov>; Mark Crowell <mark@culinex.biz>; Nancy Bateman <NBateman@whpacific.com>; Charlotte Archer <Charlotte@kenyondisend.com>; jackr@prallc.com; Brenda Holt <Brenda.Holt@TukwilaWA.gov>; Joanna Spencer <Joanna.Spencer@TukwilaWA.gov>; Minnie Dhaliwal <Minnie.Dhaliwal@TukwilaWA.gov> Subject: Re: CC&Rs John, We spoke yesterday about the issue with ADA accessible parking stalls, and how they're needed for each lot if there won't be an agreement for shared parking (more info on this below). I understood from speaking with you yesterday that the CC&Rs include shared parking among the lots, which it did not have in previous versions. However, the draft you sent me this morning has not been changed to include shared parking areas. The definition of "Common Areas" on sheet 3 specifically says the following: "The Common Areas will not include any of the parking areas or private drive isles located on an Owner's Lot. Those drive aisles that are included within the Common Areas are shown crosshatched on Exhibit C attached to this Declaration." The crosshatched areas shown on Exhibit C only include Corporate Drive North, which does not make sense since this is a public street, as I mentioned in my email last week. There may be other inconsistencies between the CC&Rs, easements, and survey sheets but this should be reviewed by someone on your team (i.e., attorney, surveyor, etc.) to make sure that it all is coordinated. I didn't read through the entire CC&Rs again once I realized that things haven't all been coordinated. What's included in the survey sheets, CC&Rs, and easements all need to be reviewed together so the information is consistent. As far as the ADA parking goes, a previous version of the survey only had the total amount of accessible stalls for all the lots. At some point, Note 6 on Sheet 2 was changed to show the number of stalls for each new lot. If https://outlook.office365.com/owa/?viewmodel=Read Messageltem&Item ID=AAMkADcw0TdiODIILTVIMjEtNDQwMi04MjJmLWU5YzBkNjVhZDIOYwBG... 1/3 11/27/2017 RE: CC&Rs -Jaimie Reavis parking areas will not be shared a.. _dig the new lots, each new lot will nee, have its own ADA stalls. Additionally, the existing information in Note 6 is incorrect, since looking at Sheet 4 and aerial photos, it appears that the new Lot 2 does have existing ADA parking stalls. New Lot 1, however, will not have any and so either the CC&Rs need to be changed along with a note on Sheet 2 to allow reciprocal parking or parking areas on Lot 1 will need to be restriped to include ADA parking. Also, the legal description in Exhibit A of the CC&Rs does not make sense to me...it mentions "parcels" which I'm not sure refer to the new lots. It would be good to use wording consistent with what's on the survey drawings, and maybe reference the BSIP file number. The legal descriptions also include the information about utility and parking as the first part of the legal description for a couple of the lots. Usually these are written at the end of the legal description with words like "together with" or "subject to". Please have someone review all the documents, make sure provisions have been made for shared facilities and maintenance of shared facilities (utilities, access, parking, landscaping, signage, etc.), and make sure that all the documents are consistent with one another. All the documents need to be submitted at the same time we conduct our next review of the revised survey drawings - so I need the CC&Rs and any easements (if they will be recorded separately) - to be submitted to us at the same time we review the final drawings. Please also submit a letter explaining how everything has been revised and reviewed for consistency. In the letter, explain the status of the other items that need to be in place before we can sign the final copies of the BSIP - the bond/cash assignment for work under D17-0093, and the timing for recording of easements and CC&Rs shown on the BSIP. Thank you, Jaimie Jaimie Reavis Senior Planner 'City of Tukwila 6300 Southcenter Blvd, Suite 100ITukwila, WA 98188 ph: (206) 431-3659 Jaimie.Reavis@TukwilaWA.eov I www.tukwilawa.gov The City of opportunity, the community of choice. From: John Schofield <jfschofield@comcast.net> Sent: Tuesday, June 20, 2017 9:44:06 AM To: Jaimie Reavis Cc: Jerry Hight Subject: FW: CC&Rs Jaimie, For your review. I will drop off hard copy soon. John Schofield jfschofield@comcast.net 206-852-6102 From: Mark Crowell [mailto:mark@culinex.biz] Sent: Tuesday, June 20, 2017 9:22 AM To: John Schofield Subject: CC&Rs https://outlook.office365.com/owa/?viewmodel=ReadMessageItem&ItemI D=AAMkADcw0Tdi0DIILTVIMjEtNDQwMi04MjJmLWU5YzI3kNjVhZD10YwBG... 2/3 1 IIL//LU -I / Kt: uud,Ks - Jaime hteavls John, here are the final CC&Rs and mark ur_ a if Jaime can review today and let us know (, .iting preferably) that these are o.k. I'm still waiting to hear if Courtney reached agreement with the city attorney to drop the separate easement requirement. Mark Crowell, CRC Principal Culinologist 206.953.9776 mark@culinex.biz eulliNex, Lt.C' Accounting Office: 3312 5. Plum St., Seattle, WA 98144 Test Kitchen: 3429 Airport Way S #10, Seattle, WA 98134 www.cuIinex.biz This email and any files transmitted with it are confidential and intended solely for the use of the addressee. If you are not the intended addressee, then you have received this email in error and any dissemination, forwarding, printing, copying or use is strictly prohibited. CuliNex, LLC will not be held liable to any person resulting from the unintended or unauthorized use of any information contained in this email or because of any additions or deletions of information originally contained in this email https://outlook.office365.com/owa/?viewmodel=Read Message Item&Item I D=AAM kADcwOTdiODII LTVIMj EtN DQwM iO4MjJ m LW U SYzBkNjVhZD IOYwBG... 3/3 City it Tukwila REVISION SUBMITTAL Department of Community Development PLANNING DIVISION 6300 Southcenter Boulevard, Suite #100 Tukwila, Washington 98188 Phone: 206-431-3670 Revision submittals must be submitted in person at the Permit Center, ACCOMPANIED BY RESPONSE DOCUMENTS AND THIS COMPLETED FORM. Revisions will not be accepted through the mail, email, fax, etc. Date: l'J 077 Permit Number: Project Name: C(J%;fe e C Project Address: ���� C0�,�(%r c Project Contact: i a'1 v �2.,),% "/ Contact Phone number9G7� F.5V2. C/0 Z City Planner: \\12-QO'J PLEASE ATTACH A COPY OF ANY LETTER REQUESTING CORRECTIONS / ADDITIONAL INFORMATION ❑ Response to Preliminary Approval ❑ Response to letter requesting additional information (Please attach a copy of the letter) Final Short Plat Submittal Summary of revision/response submittal: Received at the City of Tukwila Permit Center by: ❑ Entered in TRAKiT on W:\@SHAREPOINT FOLDER RESTRUCTURE\Re(erence\APPLICATIONS - Land Use Apps & Handouts\Revision Submittal Form.doc Revised: March 2014 VOLUME PAGE City of Tukwila Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone (206) 431-3670 FAX (206) 431-3665 E-mail: Planning@TukwilaWa.gov BINDING SITE IMPROVEMENT PLAN NO. L17-0005 DECLARATION Know all men by these present that we, the undersigned, owner(s) in fee simple of the land herein described do hereby make a Binding Site Improvement Plan thereof pursuant to RCW 58.17.060. Any subsequent development of the site shall be in conformance with the approved and recorded Binding Site Improvement Plan. The undersigned further declare this Binding Site Improvement Plan to be the graphic representation of said Binding Site Improvement Plan and the same is made with the free consent and in accordance with the desire of the owner(s). In witness whereof we have set our hands and seals. Name: Name: Name: Name: STATE OF WASHINGTON County of King On this day personally appeared before me to me known to be the individual who executed the within and foregoing instrument and acknowledged that he/she signed the same as his/her voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of , 20 Signature: Name as commissioned: Title: My appointment expires: STATE OF WASHINGTON County of King On this day personally appeared before me to me known to be the individual who executed the within and foregoing instrument and acknowledged that he/she signed the same as his/her voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of , 20 Signature: Name as commissioned: Title: My appointment expires: LAND SURVEYOR'S CERTIFICATE registered as a land surveyor by the State of Washington, certify that this plat is based on an actual survey of the land described herein, conducted by me or under my supervision; that the distances, courses and angles are shown hereon correctly; and that monuments other than those monuments approved for setting at a later date, have been set and lot corners staked on the ground as depicted on the plat. PATE: 6/191201T8:32AMI (AUTHOR:nbatemen] (PLOTTER: liseefilel\HPT2600] [STYLE: WHPStandard.ctb] [PATH: P:lSoolheaoter Corporate Square LLCN0015888WIExecutbn\DrawingsLSur ey115868W-V-CN•O5_current.dwg] (LAYOUT: 01 COVER] SURVEY IN NW 1/4 OF SE 1/4 OF SECTION 28 T. 32N.,R 4 E, W.M., IN KING COUNTY, WASHINGTON RECORDING CERTIFICATE Filed for record at the request of the City of Tukwila this day of 20 at___ minutes past M, and recorded in Volume of Plats, on page . records of King County, Washington. Legal Description (Old) (PER STEWART TITLE COMPANY. ORDER NUMBER 206138666, ON AUGUST 22, 2006.) LOT 4, CITY OF TUKWILA SHORT PLAT NUMBER L97-0049 (SOUTHCENTER CORPORATE SQUARE), ACCORDING TO THE SHORT PLAT RECORDED UNDER RECORDING NUMBER 9711069009, RECORDS OF KING COUNTY, WASHINGTON; EXCEPT RAILROAD TRACKAGE AND APPURTENANCES AS RESERVED BY UNION PACIFIC RAILROAD COMPANY, AS DISCLOSED BY DEED RECORDED UNDER RECORDING NO. 7607070502. SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. Legal Description (New) LOTS 1, 2 & 3, CITY OF TUKWILA BINDING SITE IMPROVEMENT PLAN NUMBER L17-0005 (SOUTHCENTER CORPORATE SQUARE), ACCORDING TO THE BINDING SITE IMPROVEMENT PLAN RECORDED UNDER RECORDING NUMBER , RECORDS OF KING COUNTY, WASHINGTON, SUBJECT TO AND TOGETHER WITH EXISTING EASEMENTS; EXCEPT RAILROAD TRACKAGE AND APPURTENANCES AS RESERVED BY UNION PACIFIC RAILROAD COMPANY, AS DISCLOSED BY DEED RECORDED UNDER RECORDING NO. 7607070502. SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. APPROVALS KING COUNTY FINANCE DIVISION I certify that all property taxes are paid and that a deposit has been made in sufficient amount to pay the taxes for the following year; that there are no delinquent special assessments certified to this office for collection; and that all special assessments on any of the property herein dedicated as streets, alleys, or for other public use are paid in full. This day of , 20 King County Treasurer Deputy King County Treasurer KING COUNTY ASSESSOR'S APPROVAL Examined and approved by the Department of Assessments thls day of , 20 King County Assessor Parcel Number: 2623049144 Deputy Assessor TUKWILA SHORT SUBDIVISION COMMITTEE APPROVAL Reviewed and approved by the Short Subdivision Committee and hereby certified for filing this day of , 20 Chairperson, Short Subdivision Committee ' ANDOVER PARK 0' ; ANDOVER E. PARK W, _ SITE // / /// UPl SOUTHCENTER P7 PARKWAY N\A\�+' VICINITY MAP King County Manager Swat- of Rocordc and Elections OWNER(S): ADDRESS: PHONE: SOUTHCENTER CORPORATE SQUARE, LLC 635 ANDOVER PARK WEST, SUITE 107 206.61 8-9513 CITY/STATE/ZIP: TUKWILA, WA 98168 WHPacific 01011 COVER SHEET DRAWN BY N J B DATE 06/19/2017 JOB NUMBER P0015888W CHECKED BY SPF SCALE NOT TO SCALE SHEET A OF 4 City of Tukwila Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone (206) 431-3670 FAX (206) 431-3665 E-mail: Planning@TukwilaWa.gov BINDING SITE IMPROVEMENT PLAN NO. L17-0005 CALCULATED EAST 1/4 CORNER OF SECTION 26, TOWNSHIP 23 NOR IH, RANGE 4 EAST W.M. MATCH LINE SEE ABOVE RIGHT LEGEND $ FOUND BRASS CAP MON. 1N MONUMENT BOX O FOUND MONUMENT AS NOTED LOCATION OF TITLE REPORT EXCEPTION SEE PAGE 3 FOR DESCRIPTION SETBACK UNE DRIVE AISLES EXISTING CONCRETE WALK EXISTING CONCRETE CURB & GUTTER MATCH LINE SEE BELOW LEFT POINT OF BEGINNING - 0 FOUND LEAD PLUG AND TACK, _.- 1.04' WEST OF TRUE CORNER FOUND 7/2" IRON ROD WITH 7 YELLOW PLASTIC CAP "156", 0.62' EAST OF TRUE CORNER ELECTRIC CONDUIT\SIDEWALK SCALE 50 0 25 50 700 `J ( FEET ) 1 NCH = 50 FT. REFERENCES: REFERENCE SURVEY FLATS VOL. 128/27-28, VOL 104/8-10 VOL 31/73-74 VOL 83/22-23 RFFERFNOE SURVEYS; S4/277. 43/115, 17R/7R. SNORT PLAT I/O. 1.97-0019 RECORDED UNDER RECOIt01N0 NO 9711089909. RECORDS OF KIND CONNIE WASHINGTOH. UNREC,7IROPT) AI TA/ASCN SURVEY AY W R N PACIFIC. DATER OFT:EMRFR 70, 19911, 2011 N0. 3-1905-01M NOTES: 7. T11E TOTAL LAND AREA IS 3,5,458 5O 27. S (726 ACRES). 2. THE RECORD DESCRIPTION FORMS A CLOSED MAIHEMA 'CAL FIGURE J. THESE PROPERTIES ARE VESTED IN A'917HCENIER (2661,RAR' 3WAIM LLC. A DELAWARE LIMITED UABILIY COMPANY. 4. PROPERTY TAN LOT AND ZONING DESIGNATIONS' TAX LUI NUMBEH(S), 2823049744 PARCEL ADDAX= 560 ANDOVER PARK /479T ZON*NC: NC-P - 113K611A URBAN CENTER - POND FRONT + 15', SECOND FRONT- 15', 510E + 10', REAR + 10: HEIGHT A. 119' ©REC. N0. 7610290608 ®REC. NO. 7703070907 7b O co G THE SUBJECT PARCEL UDS IN ZONE K PER F'ETAA MAP NUMBER SJ03720908f. DATED MAY 10, 7999 0. PARKIN; FOR 517E SOawS iv La Sided l"6 I L33C rg(/1,,,,e.✓ s.o_f, ' ,Ls NEW 10T I: 38 COMPACT; 36 STANDARD; 0 HANDICAPPED / �JwE' f 0,c. .0 L j��- 00 5.3 NCW LOT 0 45 COMPACT; 30 STANDARD; 0 HANDICAPPED 'OU 1 "' C Y 4 pi:ILS L 1 NEW LOT 3: 42 GOIIPAGT 212 STANDARD; 9 HANDICAPPED n g 000,1 Imo+ ,, oef '5PuuS 7. THE UNDERGROUND DRUPES SHORN NAVE SEEN LOCATED FROM FIELD SURVEY, CONDUCTED ALMOST 2000, OF RMSERVABIF FFATIRES AND SUPPLEMENTED VMTN UNFDRMA'ON FROM EXISTING °RAM7NGS. THE SURVEYOR MAKES NO GUARANTEE TWAT THE UT61TE5 SHORN COMPRISE ALL SUCH UTILITIES IN 'PIE AREA, DRIER IN SERVCF OR ABANDONED 'HE SURVEYOR FURTHER 1KAS NOT WARRANT THAT THE UNDERGROUND UTHIOES ARE M NE' EXACT LOCATION INDICATED, MIT ARE LOCATED AS ACCURATSIY AS 9050764.E FROM INFORMATION AVAILABLE. & RESERVAT10N OF RECIPROCAL ACCESS AND CIRCULATION EASEMENT FOR VEHICULAR INGRESS AND EGRESS OVER AND ACROSS ROSE PORTIONS OF LOTS 7, 2, AND 2 THAT SERVE AS DRIVE AISLES (SHORN AS SHADED AREA) 15 70 BE GRANTED BY SEPARATE DOGAMEN7 REG. NO 9, RESERVARN,' OF U71UTY EASEMENT OVER UNDER. AND ACROSS 71HOSE PORTIONS OF LOTS 1, 3 AND 3 EXCETT AREAS UNDER STRUCTURES FO77 WATER, POWER. TELCPIIONE, OAS. STORM DRAINA0E, SEER, AND CABLE UTIU'ES IS TO BE GRANTED BY SEPARATE DOCUMENT PEG NO 10. ADDITIONAL TERMS 10 BE GRANTED BY THE SEPARATE DOCUMENT 07720 COMMON AREA COST SHARING AGREEMENT AND EASEMENTS COVENANTS, CONDITIONS AND RESTRICTIONS FOR SOUTHCENTER CORPORATE °WARE (CCARs). REC- NO CURVE DATA CURVE RADIUS DELTA LENGTH BEARING CHORD C1 50.00' 901)6'49" 78.64' 546'50'53"W 70.76' C2 15.00' 54'45'56" 14.34' 060'42'44"W 73.80' C3 50.00' 289'31'52" 252.66' 50754'18"W 57.69' C4 15.00' 54'45'56" 14.34' 146411'20"E 13.80' C5 50.00' 8953'//" 78.44E 543'09'07"E 7064' C6 50,00' 54'36'23" 47.65' S60'37'58"E 45.87' C7 50.00' 8100'43" 70.70' N5733'29"E 64.95' PARCEL DATA PARCEL 1 SQ.FT: 61,345 ACRE 1.41 AVG. WIDTH 245' 51,811 1.19 250E _202,302 4.64 500' AVG. LENGTH 248' 190' 405' 11 fa !De a I (od " FOUND 1" IRON PIPE W17T1 YEILOW PLASTIC CAP,`"���� 0.09' NORTH OF TRUE CORNER FOUND 1/2" IRON ROD WITH YELLOW PLASTIC CAP "S&A", 0.11' EAST OF TRUE CORNER i 588'05.42 "E 30.On' ANDOVER PARK WEST S01'47'29'W REC. NO. 20017120000450' BUILDING 545 BUILDING 555 -PROPOSED LOT 1 ROUNDARY NO1'26'45"E 22.65' — 0 ") rD L 248.84E NO1 47'29 "E FENCE CORNER IS 1.2'(W) OF PROP. LINE 1• 248.48' BRIDGE TO BE REMOVED LOT 1 BUILDING 3701?,z FENCE IS 0.7'(W) OF PROP. LINE -OWNERSHIP OF CHAINUNK FENCE APPEARS TO RE ADJOINING PARCEL ) z 457.30' R/W VOLUME PAGE S01°47'20"W PROPOSED LOT 3 BOUNDARY LOT 3 BUILDING 565 BUILDING 575 [ T 1C RA[l4? 23.17 PROPOSED LOT 2 BOUNDARY I N0154'17"E 225,35' - LOT 2 BUILDING 360 267.11' TRASH BIN, CURB, AND FENCE TO 8E BUILT WITH 5' SIDE AND REAR -YARD SETBACK [ �I t7 03 O N 2.50'122.50 1 C3 O J0 — 1U4 REC. NO, 20011120000450 10< [DATE: 8119/2017 8:32 AM] (AUTHOR:nbateman] [PLOTTER: \\s98'7Ie1\HPT2500] [STYLE: WHP•Standard,db] [PATH: P:1Southcenter Corporate Square LLC IP0015888W\E58rartinn\Drewing9\Sur4ayi15888WV'CN445 Munr7M.dwg] [LAYOUT: 02 PLAT] OWNER(S): SOUTHCENTER CORPORATE SQUARE, LLC ADDRESS: 835 ANDOVER PARK WEST SUITE 107 CRY/STATE/ZIP: TUKWILA, WA 98186. WHPacific 4CL9 4150"Ncon,'Ae Obi,W PLAT DRAWN BY A J8 DATE 06/19/2017 JOB NUMBER P0015888W CHECKED BY SPF SCALE 1"=50'-0" SHEET OF 4 City of Tukwila Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone (206) 431-3670 FAX (206) 431-3665 E-mail: Planning@TukwllaWa.gov BINDING SITE IMPROVEMENT PLAN NO. L17-0005 EXCEPTIONS: -mart Z mom SCALE 50 0 25 50 100 C7 T� J ( FEET ) 1 INCH = 50 FT. THE FOLLOWING ARE PER FIDELITY NATIONAL TITLE COMPANY OF WASHINGTON, 0/G ORDER NUMBER 20374430-470-11A8 ON APR/L 72, 2017: 4. RESERVATION OF EASEMENT AND THE TERMS AND CONDITIONS THEREOF: RESERVED Br UNION PACIFIC RAILROAD COMPANY, A UTAH CORPORATION PURPOSE: RAILROAD TRACKAGE AND APPURTENANCES AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED. JULY 7, 1976 RECORDING NO:. /907070E02 NOT PLOTTABLE Q EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PUGET SOUND POWER .k LICHT COMPANY, A WA.SHINGTON CORPORATION PURPOSE: UNDERGROUND ELECTRIC SYSTEM ARCA AFFECTED: NORTH 12.31 FEET OF SAID PREMISES RECORDED: OCT08ER 29, 1976 RECORDING N0, 7610290608 PLOTTED BQ. RESERVATION OF EASEMENT AND THE 7ETTME AND CONDITIONS THEREOF: RESERVED Br UNION PACIFIC LAND RESOURCES CORPORATION. A UTAH CORPORATION PURPOSE: RAILROAD AREA AFFECTED: A NORTHERLY PORTION OF SA/O PREMISES RECORDED: MARCH 7, 7977 RECORDING NO.: 7703070907 PLOTTED 8. EASEMENT FOR UNDERGROUND ELECTRIC SYSTEM AND THE TERMS AND CONDITIONS THEREOF:: GRANTEE: PUGET SOUND POWER h LIGHT COMPANY AREA AFFECTED: PORTION OF SAID PREMISES RECORDED: JANUARY 13, 7978 RECORDING NO.: 7801130016 NUI PLOT WILE 10. EASEMENT AND THE TERMS ANU CONDITIONS WHEREOF: GRANTEE: AN,Y,7 SOUND FNFINIr,, INC. PUNPUSE: GAS PIPELINE Olr P712UNE5 AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: J/LY 18, 7997 RECORDING N0: 9707180453 LOCATION UNKNOWN. NOT PLOTTED HEREON. 1J. EASEMENT AND THE TERMS AND CONDITIONS DIEREOF GRANTEE: PUGET SOUND ENERGY, INC. PURPOSE: GAS PIPELINE OR PIPELINES AREA AFFE'CTUX A PORTION OF SAID PREM15E5 RECORDED: NOVEMBER 20. 1997 RECORDING NO.: 9717200.723 LOCATION UNKNOWN. N07 PLOTTED HEREON, EASEMENT AND THE. ?ERNS AND CONDITIONS INEREO/, GRANTEE: WIEST CIJAPORATION, A DELAWARE CORPORATION PURPOSE: UNDERGROUND FIBER OPTIC CABLE SYSTEM AREA AFFECTED: PORTION OF SAID PREMISES WECOADE0: NOWEN4EN 20, 2001 RECORDING NO.: 20011120000460 PLOTTED LEGEND —r;s-Z— EXISTING EVERGREEN TREE TO REMAIN Cl EXISTING DECIDUOUS TREE TO REMAIN EXISTING CONCRETE WALK EXISTING CONCRETE CURB & GUTTER ANDOVER PARK WEST BUILDING 555 RIDGE TO BE EMOVED BUILDING 370 PROPOSED LOT 3 BOUNDARY ciy- BUILDING 565 BUILDING 575 PROPOSED LOT 2 BOUNDARY BUILDING 360 TRASH BIN, CURB, AND FENCE TO BE BUILT WITH 5' SIDE AND REAR —YARD SETBACK - _ t VOLUME PAGE r [DATE: 8119/2017 8:09 AM) (AUTHOR: nbatemenl (PLOTTER: 1).sea111e1WPT2500] (STYLE: WHPSDa)dard.dbl [PATH: P:\Soulllcenter Colporata Square LLC1P0015888W/Exeo n\DmwingalSurvey115888W-V.CN-05 camentrt6g] (LAYOUT: 031.S) OWNER(S): SOUTHCENTER CORPORATE SQUARE, LLC ADDRESS: 635 ANDOVER PARK M(TEST,SUITE 107 CITYISTATEQIP: TUKWILA, WA_ TABS WHPacfic n1p.A,s,A01c1wSw EXISTING VEGETATION DRAWN BY NJB DATE 06/19/2017 JOB NUMBER P0015888W CHECKED BY S P P SCALE 1 50'-0" SHEET 3 OF 4 City of Tukwila Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone (206)431-3670 FAX (206) 431-3665 E-mail: Planning@TukwilaWa.clov BINDING SITE IMPROVEMENT PLAN NO. L17-0005 NOTES: 1. THE SITE IS LEVEL CONI URS NOT SHOWN. SCALE 50 0 25 50 100 ( FEET ) 1 INCH = 50 FT. ASPHALT AND BUILDLINC IMPERVIOUS SURFACE DATA PARCEL SOFT ACRE 1 48,603 1.12 2 43,430 0.99 .3 167,987 3.86 LEGEND R FIRE HYDRANT ��- AUTO FIRE CONNECTION DC WATER vALVE 53 WATER METER ▪ POST INDICATOR WATER BLOWOFF W-- WATER PAINT MARK --¢ UTILITY POLE W/LIGHT E-- GUY ANCHOR UTILITY POLE • POWER METER ® POWER VAULT POWER TRANSFORMER L I TEL.F.PHONE 'VAUt.T O TELEPHONE RISER (2) TELEPHONE MANHOLE' T— ft.LEPHON& VA:NT MARK ® CAS METER P GAS VENT P— POWER PAINT MARK J cA TCH BASIN © STORM MANHOLE SD STORM LINE C) SEWER MANHOLE S SEWER PAINT MARK ----------- GRAVEL EDGE - -- BUILDING EAVE 01. JUNCTION ROX NUMBER OF COMPACT PARKING SPACES NUMBER OF STANDARD PARKING 5^ACES HANDICAP PARKING SPACE 172.64'. (I' 105.94' L/33 157.15' ANDOVER PARK WEST I== FIRE HYDRANT BUILDING 545 2 STORY F.F. =22.50 10,708 S.F. BUILDING 555 2 STORY F.F.=23.50 10,803 S.F. BRIDGE TO BE REMOVED LOT 1 BUILDING 370 2 STORY F.F. =24.00 10, 845S. F. TRASH ELL TOWER R/W PROPOSED LOT 3 BOUNDARY BUILDING 565 2 STORY F.F.=22.50 10,921 S.F. BUILDING 575 2 STORY F. F . =23.50 10,709 S.F. PROPOSED LOT 2 BOUNDARY _ OUIL.DING 360 2 STORY F.F.=24.00 10,807 S.F. . n TRASH BIN, CURB AND FENCE TO BE BUILT WITH 5' SIDE AND REAR -YARD SETBACK SIGN_ SIGN rr VOLUME PAGE FIRE HYDR I SIGN r' ir- [DATE: 8/19120118:09 AM] [AUTHOR: nbatenuln] [PLOTTER: Usea-filetlHPT2500] [STYLE: WHP-Standald•db] [PATH:P1SouthconterCorporateSquareLLOP0015888NAExecution\Drawings\SurveyV15888WV-CN-05 anentdwg) [LAYOUT: 04 CML] OWNER(S): SOUTHCENTER CORPORATE SQUARE, LLC ADDRESS: 635 ANDOVER PARK WEST, SUITE 107 CITY/STATE/ZIP: TUKWILA, WA 98188 CHECKED BY SPF SCALE WHPacific EXISTING IMPROVEMENTS 06/19/2017 1"=50'-0" JOS NUMBER SHEET P0015886W OF 4 ail/Z//t",'/ Ke: L11-0005 Binding Site Plan Application Southcenter Corp... - Jaimie Reavis Re: L17-0005 Binding SiLe Plan Application SouthLenter Corporate Square drawings as of 06-16-17 Jaimie Reavis Fri 6/16/2017 4:20 PM To:Nancy Bateman <NBateman@whpacific.com>; cc:Charlotte Archer <Chariotte@kenyondisend.com>; Joanna Spencer <Joanna.Spencer@TukwilaWA.gov>; John Schofield <jfschofield@comcast.net>; Mark Crowell <mark@culinex.biz>; Hi Nancy, Thanks for sending these. I've been spending most of today reviewing the BSIP drawings you sent this morning, and comparing what's on the drawings to what's in the proposed CC&Rs. We won't complete our final review until the hard copy drawings get routed for review by all the departments - Fire, Building Public Works, and Planning. This is our normal process but I reviewed the drawings today expecting the new drawings had addressed all of our previous comments. However, there are still some changes needed to the plans based on my review: (1) Note 9 should be revised to name all the utilities shared among the new lots (i.e., storm drainage, water, sewer, power, gas, telephone, cable, etc.). (2) Make sure the drawings showing the new trash enclosure have it meeting the 5-foot side/rear-yard setback requirement. CC&Rs: A revised set of proposed CC&Rs should be submitted with the revised drawings - a "track changes" version will be the easiest version for me to review. Changes needed are as follows: (1) The graphic in Exhibit C of the CC&Rs (page 33) should be replaced with Sheet 2 of the BSIP. What's currently shown in the cross -hatched area of Exhibit C is actually a public street. (2) The first sentence of section 8.1 of the proposed CC&Rs (p. 18) references "terms and conditions set forth in Section 8.2(a) below". There is not a section 8.2(a) included. Section 8.1 should be modified to remove the reference to section 8.2(a), or a section 8.2(a) needs to be added. (3) The City's attorney has been talking with Courtney Kaylor about including language in the CC&Rs stating something to the effect that no changes shall be made to the easements within the CC&Rs without City review and approval of the changes. We'll need the easements (which I understand will be contained within the CC&Rs) to be recorded either before or at the same time as the BSIP. Thank you, Jaimie Jaimie Reavis Senior Planner I City of Tukwila 6300 Southcenter Blvd, Suite 1001Tukwila, WA 98188 ph: (206) 431-3659 Jaimie.Reavis(TukwilaWA.gov 1 www.tukwilawa.gov The City of opportunity, the community of choice. https://outlook.office365.corn/owa/?viewmodel=ReadMessageltem&Item) D=AAMkADcwOTdiODIILTVIMjEtNDQwMi04MjJmLWUSYzBkNjVhZDIOYwBG... 1/3 11/27/2017 RP. L17-0005 Binding Site Plan Application Southcenter Corp... - Jaimie Reavis From: Nancy Bateman <NBateman@whpacific.com> Sent: Friday, June 16, 2017 3:31:06 PM To: Jaimie Reavis Cc: Courtney Kaylor (courtney@mhseattle.com) Subject: RE: L17-0005 Binding Site Plan Application Southcenter Corporate Square drawings as of 06-16-17 Hi Jaimie, Here are the changes from this morning: Page 2 — added four dimensions on the drive aisles. Page 2 — added text to the end of note 8 and 9: "...is to be granted by separate document, Rec No. The thought is the identical CC& R number will go on all three blank lines on page 2. Please let me know of you have any more questions. Thanks, Nancy Bateman I Civil Transportation PE WHPacific, Inc. 112100 NE 195th St, Ste 300, Bothell, WA 98011 Direct 425.951.4708 I Fax 425.951.4808 I nbateman@whpacific.com Licensed to Practice in Washington State Enhancing Client Satisfaction through Creative, Exceptional Service NMSDC Certified MBEICPUC Certified MBE From: Jaimie Reavis[mailto:Jaimie.Reavis@TukwilaWA.gov] Sent: Friday, June 16, 2017 3:26 PM To: Nancy Bateman <NBateman@whpacific.com> Subject: Re: L17-0005 Binding Site Plan Application Southcenter Corporate Square drawings as of 06-16-17 Hi Nancy, Besides the signatures, are these different from the ones you sent this morning? I've been spending today coordinating on how the access and utilities easements are shown on the BSIP to figure out whether what was proposed this morning will be approved. Jaimie Jaimie Reavis Senior Planner' City of Tukwila 6300 Southcenter Blvd, Suite 100 (Tukwila, WA 98188 ph: (206) 431-3659 Jaimie.Reavis@TukwilaWA.gov I www.tukwilawa.gov The City of opportunity, the community of choice. From: Nancy Bateman <NBateman@whpacific.com> Sent: Friday, June 16, 2017 3:20:07 PM To: Jaimie Reavis Subject: L17-0005 Binding Site Plan Application Southcenter Corporate Square drawings as of 06-16-17 Hi Jaimie, https://outlook.office365.com/owa/?viewmodel=ReadMessageltem&ItemID=AAMkADcwOTdiODIILTVIMjEtN DOwMi04MjJmLWUSYzBkNjVhZDIOYwBG... 2/3 41 I/LI 4., ne: L i i-uuua rsinaing mite rian Hppiication outncenter corp..... Janie Keavis Here are the signed/scanned BSIP she( )r you. Thanks so much, Nancy Bateman I Civil Transportation PE WHPacific, Inc. 112100 NE 195th St, Ste 300, Bothell, WA 98011 Direct 425.951.4708 I Fax 425.951.4808 I nbateman@whpacific.com Licensed to Practice in Washington State Enhancing Client Satisfaction through Creative, Exceptional Service https://outlook.office365.com/owa/?viewmodel=ReadMessageltem&Iteml D=AAMkADcwOTdiODIILTVIMjEtNDQwMi04MjJmLWUSYzBkNjVhZDIOYwBG... 3/3 I I/L//x V I / rvv: Ll r-uuuo rsinaing site Tian Appiication soutncenter Corp... - Jaimie Reavis FW: L17-0005 Binding Plan Application SoutLenter Corporate Square drawings as of 06-16-17 Nancy Bateman <NBateman@whpacific.com> Fri 6/16/2017 8:21 AM To:Jaimie Reavis <Jaimie.Reavis@TukwilaWA.gov>; cc:Courtney Kaylor <courtney@mhseattle.com>; Shawn Fitzpatrick <spfitzpatrick@whpacific.com>; d 4 attachments (1 MB) 2017-06-16-15888W-V-CN-03_current-01 COVER.pdf; 2016-06-16-15888W-V-CN-03_current-02 PLAT.pdf; 2016-06-16-15888W-V-CN- 03_current-03 LS.pdf; 2017-06-16-15888W-V-CN-03_current-04 CIVIL.pdf; Hi Jaimie, Attached are the four pages of the BSIP. Jack Rader has asked me to hatch the drive aisles and change the description of the easement to remove the word parking as parking is not reciprocal. The changes I made include: 1. Shaded all drive lanes on all three new Tots. 2. Page 2, note 8 - revised. The recording number that we will include in the blank will be the recording number of the CC&Rs. The CC&Rs are the document that establish the easements. We can modify the CC&Rs to expand the scope of the utility easement to include all areas not occupied by buildings, but want to get confirmation from you that the City will accept this before doing so. 3. Page 2, note 3 - changed text as the property is vested in Southcenter Corp Square LLC. 4. Page 2, note 9 - added note for utilities easement encompassing all of the surface area except areas under structures. My questions are: Would you please look at these and tell me if they meet with your approval? Do these meet all of your criteria in your email below? Do you have any further comments forthcoming that we need to address? Do you want the drive aisles dimensioned? We will send the drawings to have the cover page notarized once we have your notice to proceed. Thanks, Nancy Bateman I Civil Transportation PE WHPacific, Inc. 112100 NE 195th St, Ste 300, Bothell, WA 98011 https://outlook.office365.com/owa/?viewmodel=ReadMessageltem&ItemID=AAMkADcwOTdiODIILTVIMjEtN DQwMi04MjJmLWUSYzBkNjVhZDIOYwBG... 1/3 11/27/2017 FW: L17-0005 Binding Site Plan Application Southcenter Corp... - Jaimie Reavis Direct 425.951.4708 I Fax 425.951.48C nbateman@whpacific.com Licensed to Practice in Washington State Enhancing Client Satisfaction through Creative, Exceptional Service NMSDC Certified MBE/CPUC Certified MBE From: Jaimie Reavis[mailto:Jaimie.Reavis@TukwilaWA.gov] Sent: Monday, May 22, 2017 12:47 PM To: John Schofield <jfschofield@comcast.net> Cc: Mark Crowell <mark@culinex.biz>; Joanna Spencer <Joanna.Spencer@TukwilaWA.gov>; Robin Tischmak <Robin.Tischmak@TukwilaWA.gov>; Minnie Dhaliwal<Minnie.Dhaliwal@TukwilaWA.gov>; Charlotte Archer <Charlotte@kenyondisend.com> Subject: Re: Draft Agreement John, Below is the list of items that need to be changed or submitted prior to final signature on the BSIP: 1. The margins of all survey sheets need to be clear of any text and sized to meet the requirements of the King County Recorder's Office. All sheets currently have the filepath within the left margin, which needs to be removed on all sheets to be recorded. 2. The surveyor's wet stamp shall be provided on all sheets to be recorded. 3. The surveyor's signature shall be provided on the "LAND SURVEYOR'S CERTIFICATE" on Sheet 1 of 4. 4. Add the existing parcel number to Sheet 1 of 4 in the space provided under "KING COUNTY ASSESSOR'S APPROVAL" 5. All owners of the land within the BSIP shall have their original, notarized signatures on Sheet 1 of 4. 6. Revise the "DECLARATION" on Sheet 1 of 4 per the attached redlines, to remove the language in our template specific to short plats. 7. Revise Note #8 on Sheet 2 of 4 to say the following: "The owners of the properties within this BSIP agree to dedicate a 48-foot right-of-way along the north property line for future construction of S. 168th Street, and to dedicate a 24.5- foot wide right-of-way along the west property line for future construction of Bauch Drive. Both shall be conveyed within 14 days of written notice from the City that these conveyances are required. King County Recording # " The 14-day time period is negotiable, but whatever time period is proposed will need to be included both in this note on the BSIP and within the separate agreement, for which there's a space for the recording number at the end of the statement on the BSIP. The agreement will need to be recorded with the BSIP, or before. The recording number for the agreement can be hand-written on the BSIP in the Recorder's Office. Please let me know if time period other than 14 days is proposed. 8. An assurance for 150% of the cost of the work to be performed under D17-0093 will need to be submitted to the City of Tukwila. This can be in the form of a bond or cash assignment. Please contact Brenda Holt at Brenda.Holt@TukwilaWA.gov or (206) 431-3672 for more information on submittal requirements. 9. The AGREEMENT FOR FUTURE DEDICATION OF RIGHT-OF-WAY shall be filled out and signed by the owners of property within the BSIP, reviewed by the City of Tukwila, and signed by the Tukwila Mayor. 10. As was previously provided to you, attached here is a list of uses and corresponding information on whether they are permitted in the different districts within the Tukwila Urban Center. We encourage you to provide information on the proposed uses so that we can confirm the proposed use is permitted within the TUC - Pond District. 11. Please include the dimensions and labels for future corridors that have been added to Sheet 2 of 4 for S. 168th St. and Bauch Dr. to all site plans in the BSIP, including Sheet 3 and Sheet 4. 12. Criteria in TMC 17.16.030 for approval of a BSIP requires that appropriate easements and maintenance agreements for shared facilities including circulation and utilities have been provided. Shared areas and facilities should be shown https://outlook.off'ice365.com/owa/?viewmodel=ReadMessageltem&Item ID=AAMkADcwOTdiODIILTVIMjEtNDQwMi04MjJmLWUSYzBkNjVhZDIOYwBG... 2/3 I-W: L1 f-0005 binding Site Plan Application Southcenter Corp... - Jaimie Reavis on the BSIP document rather thrithin the CC&Rs, since the CC&Rs are abi be modified at any time. Additionally, the CC&Rs should be referenced on the BSIP, with space for the recording number for the CC&Rs, to be added on the BSIP. It is unclear whether reciprocal agreements for circulation and utilities for the Tots are limited to the Common Area Drive Aisles depicted in Exhibit C of the latest version of the CC&Rs (Common Area Cost Sharing Agreement and Easements, Covenants, Conditions and Restrictions for Southcenter Corporate Square, dated 05/05/17). Additional clarification is needed on both the BSIP and the CC&Rs to allow circulation over the Tots for access, and for installation and maintenance of utilities on the lots (not just within the Common Area Drive Aisles depicted on Exhibit C). For example, if ingress/egress to all lots is to be via Andover Park East and the areas on Exhibit C, Lot 1 of the BSIP will not have legal access. We have reviewed BSIPs that include a blanket agreement on the BSIP for use and maintenance of ingress/egress, utilities, landscaping, parking, etc. Please revise the BSIP and the CC&Rs to show shared ingress/egress and utilities access and maintenance areas on the lots within the BSIP, or provide a blanket statement on all sheets of the BSIP which include a site plan and modify the CC&Rs to include this language. 13. Please note that the CC&Rs specify trash is the responsibility of each lot owner, to occur on each lot. Lot 2 does not currently have its own trash receptacles. If new trash enclosures will be added to Lot 2, they must meet the City of Tukwila requirements related to size and location. The new trash enclosure locations on Lot 2 will likely impact parking on Lot 2. Please contact me with any questions. I will be leaving early this afternoon, but I will be back in the office tomorrow morning at 10:00 a.m. Thank you, Jaimie Jaimie Reavis Senior Planner 'City of Tukwila 6300 Southcenter Blvd, Suite 100ITukwila, WA 98188 ph: (206) 431-3659 Jaimie. ReavisPTukwilaWA.gov I www.tukwilawa.gov The City of opportunity, the community of choice. hops://outlook.office365.com/owa/?viewmodel=ReadMessageltem&Item) D=AAMkADcwOTdiODIILTVIMjEtNDQwMi04MjJmLWUSYzBkNjVhZDIOYwBG... 3/3 City ofukwila L 'VISION SUBMITTAL Department of Community Development PLANNING DIVISION 6300 Southcenter Boulevard, Suite #100 Tukwila, Washington 98188 Phone: 206-431-3670 Revision submittals must be submitted in person at the Permit Center, ACCOMPANIED BY RESPONSE DOCUMENTS AND THIS COMPLETED FORM. Revisions will not be accepted through the mail; email, fax, etc. Date: 6-02-2017 Permit Number: L 17-0005 D 17-0093 Project Name: Culinex Kitchens Project Address: 360 corporate drive north Tukwila Wa. Project Contact: John Schofield Contact Phone number: 206 852 6102 City Planner: Jaimie Reavis PLEASE ATTACH A COPY OF ANY LETTER REQUESTING CORRECTIONS / ADDITIONAL INFORMATION ❑ Response to Preliminary Approval ▪ Response to letter requesting additional information (Please attach a copy of the letter) • Final Short Plat Submittal Summary of revision/response submittal: Planning : Items 1 thru 13 ( EXCEPT ITEMS 7, 9 and 11 which are not applicable) completed on revised BSIP by Shawn Fitzpatrick PLE Cfeds and Nancy Bateman Civil Transportation PE at WH Pacific Inc. Received at the City of Tukwila Permit Center by: 0, V \ \ 42 V-Qa\AS Entered in TRAKiT on RECEIVED JUN 02 2017 Community Development C:\UsersUaclyn-A\AppData\Local\Microsoft\Windows\Temporary Internet Piles\Content.Outlook\Q2SZHDC3\re-suh 2.doc Revised: March 2014 I I/L//LV I i-uuuo rsinaing site Tian Appiication Southcenter Corp... - Jaimie Reavis Re: L17-0005 Binding Site Plan Application Southce i ter Corporate Square drawings as of 05-31-17 Jaimie Reavis Wed 5/31/2017 3:32 PM To: Nancy Bateman <NBateman@whpacific.com>; d 2 attachments (848 KB) Fostoria Park BSIP.pdf; Fostoria Park Easement.pdf; Hi Nancy, It's my understanding that an easement cannot be recorded as part of a BSIP, like it can with a Short Plat. Attached is a sample of a blanket easement agreement that was included as a note on the BSIP (with space for the easement recording number), as well as the accompanying easement. It may be best for the owners' attorney to weigh in on the most appropriate mechanism for allowing ingress/egress and access to utilities. The CC&Rs should also be referenced on the BSIP, with space for the recording number that will be assigned to the CC&Rs once they're recorded. Jaimie Reavis Senior Planner ( City of Tukwila 6300 Southcenter Blvd, Suite 100(Tukwila, WA 98188 ph: (206) 431-3659 Jaimie.Reavist TukwilaWA.gov ( www.tukwilawa.gov The City of opportunity, the community of choice. From: Nancy Bateman <NBateman@whpacific.com> Sent: Wednesday, May 31, 2017 11:01:36 AM To: Jaimie Reavis Subject: L17-0005 Binding Site Plan Application Southcenter Corporate Square drawings as of 05-31-17 Good morning Jaimie, Here are the Southcenter Corp Square drawings as of now. I have added a 12' wide ingress/egress easement across lot 3 for the benefit of lot 1. I am unsure if we are meeting all of the requirements of item number twelve from your list below. I have copied it in here and highlighted my areas of concern in red: Criteria in TMC 17.16.030 for approval of a BSIP requires that appropriate easements and maintenance agreements for shared facilities including circulation and utilities have been provided. Shared areas and facilities should be shown on the BSIP document rather than within the CC&Rs, since the CC&Rs are able to be modified at any time. Additionally, the CC&Rs should be referenced on the BSIP, with space for the recording number for the CC&Rs, to be added on the BSIP. It is unclear whether reciprocal agreements for circulation and utilities for the lots are limited to the Common Area Drive Aisles depicted https://outlook.office365.com/owa/?viewmodel=Read Message Item&ItemI D=AAMkADcw0Tdi0DIILTVIMjEtNDQwMi04MjJmLW USYzBkNjVhZDIOYwBG... 1/3 11/27/2017 Re: L17-0005 Binding Site Plan Application Southcenter r.orp... - Jaimie Reavis in Exhibit C of the latest version of . : CC&Rs (Common Area Cost Sharing Agre. . nt and Easements, Covenants, Conditions and Restrictions for Southcenter Corporate Square, dated 05/05/17). Additional clarification is needed on both the BSIP and the CC&Rs to allow circulation over the Tots for access, and for installation and maintenance of utilities on the Tots (not just within the Common Area Drive Aisles depicted on Exhibit C). For example, if ingress/egress to all lots is to be via Andover Park East and the areas on Exhibit C, Lot 1 of the BSIP will not have legal access. We have reviewed BSIPs that include a blanket agreement on the BSIP for use and maintenance of ingress/egress, utilities, landscaping, parking, etc. Please revise the BSIP and the CC&Rs to show shared ingress/egress and utilities access and maintenance areas on the lots within the BSIP, or provide a blanket statement on all sheets of the BSIP which include a site plan and modify the CC&Rs to include this language. I am unsure if the one new ingress/egress easement covers all of these concerns. I have not added anything to the drawings to show shared areas and facilities. I' have not addressed utilities, landscaping, or parking. Will you please let me know if the easement covers these concerns or if there are more details I should add? Thanks, Nancy Bateman I Civil Transportation PE WHPacific, Inc. 112100 NE 195th St, Ste 300, Bothell, WA 98011 Direct 425.951.4708 I Fax 425.951.4808 I nbateman@whpacific.com Licensed to Practice in Washington State Enhancing Client Satisfaction through Creative, Exceptional Service NMSDC Certified MBE/CPUC Certified MBE From: Jaimie Reavis[mailto:Jaimie.ReavisPTukwilaWA.gov) Sent: Monday, May 22, 2017 12:47 PM To: John Schofield <ifschofieldt comcast.net> Cc: Mark Crowell <markPculinex.biz>; Joanna Spencer <Joanna.Sr encer(aTukwilaWA.gov>; Robin Tischmak <Robin.TischmakPTukwilaWA.gov>; Minnie Dhaliwal <Minnie.DhaliwalPTukwilaWA.gov>; Charlotte Archer <CharlottePkenyondisend.com> Subject: Re: Draft Agreement John, Below is the list of items that need to be changed or submitted prior to final signature on the BSIP: 1. The margins of all survey sheets need to be clear of any text and sized to meet the requirements of the King County Recorder's Office. All sheets currently have the filepath within the left margin, which needs to be removed on all sheets to be recorded. 2. The surveyor's wet stamp shall be provided on all sheets to be recorded. 3. The surveyor's signature shall be provided on the "LAND SURVEYOR'S CERTIFICATE" on Sheet 1 of 4. 4. Add the existing parcel number to Sheet 1 of 4 in the space provided under "KING COUNTY ASSESSOR'S APPROVAL" 5. All owners of the land within the BSIP shall have their original, notarized signatures on Sheet 1 of 4. 6. Revise the "DECLARATION" on Sheet 1 of 4 per the attached redlines, to remove the language in our template specific to short plats. 7. Revise Note #8 on Sheet 2 of 4 to say the following: "The owners of the properties within this BSIP agree to dedicate a 48-foot right-of-way along the north property line for future construction of S. 168th Street, and to dedicate a 24.5- foot wide right-of-way along the west property line for future construction of Bauch Drive. Both shall be conveyed within 14 days of written notice from the City that these conveyances are required. King County Recording " The 14-day time period is negotiable, but whatever time period is proposed will need to be included both in this note on the BSIP and within the separate agreement, for which there's a space for the recording number at the end of the statement on the BSIP. The agreement will need to be recorded with the BSIP, or before. The recording number for the agreement can be hand-written on the BSIP in the Recorder's Office. Please let me know if time period other than 14 days is proposed. 8. An assurance for 150% of the cost of the work to be performed under D17-0093 will need to be submitted to the City of Tukwila. This can be in the form of a bond or cash assignment. Please contact Brenda Holt at https://outlook.office365.com/owa/?viewmodel=ReadMessageltem&Item) D=AAMkADcwOTdiODIILTVIMjEtNDQwMi04MjJmLWUSYzBkNjVhZDIOYwBG... 2/3 l IIL//LUI / Ke: Li /-uuub timing site Tian Application Southcenter Corp.. - Jaimie Reavis Brenda.HoltPTukwilaWA.gov or i, ) 431-3672 for more information on subn. al requirements. 9. The AGREEMENT FOR FUTURE DEDICATION OF RIGHT-OF-WAY shall be filled out and signed by the owners of property within the BSIP, reviewed by the City of Tukwila, and signed by the Tukwila Mayor. 10. As was previously provided to you, attached here is a list of uses and corresponding information on whether they are permitted in the different districts within the Tukwila Urban Center. We encourage you to provide information on the proposed uses so that we can confirm the proposed use is permitted within the TUC - Pond District. 11. Please include the dimensions and labels for future corridors that have been added to Sheet 2 of 4 for S. 168th St. and Bauch Dr. to all site plans in the BSIP, including Sheet 3 and Sheet 4. 12. Criteria in TMC 17.16.030 for approval of a BSIP requires that appropriate easements and maintenance agreements for shared facilities including circulation and utilities have been provided. Shared areas and facilities should be shown on the BSIP document rather than within the CC&Rs, since the CC&Rs are able to be modified at any time. Additionally, the CC&Rs should be referenced on the BSIP, with space for the recording number for the CC&Rs, to be added on the BSIP. It is unclear whether reciprocal agreements for circulation and utilities for the lots are limited to the Common Area Drive Aisles depicted in Exhibit C of the latest version of the CC&Rs (Common Area Cost Sharing Agreement and Easements, Covenants, Conditions and Restrictions for Southcenter Corporate Square, dated 05/05/17). Additional clarification is needed on both the BSIP and the CC&Rs to allow circulation over the lots for access, and for installation and maintenance of utilities on the lots (not just within the Common Area Drive Aisles depicted on Exhibit C). For example, if ingress/egress to all Tots is to be via Andover Park East and the areas on Exhibit C, Lot 1 of the BSIP will not have legal access. We have reviewed BSIPs that include a blanket agreement on the BSIP for use and maintenance of ingress/egress, utilities, landscaping, parking, etc. Please revise the BSIP and the CC&Rs to show shared ingress/egress and utilities access and maintenance areas on the Tots within the BSIP, or provide a blanket statement on all sheets of the BSIP which include a site plan and modify the CC&Rs to include this language. 13. Please note that the CC&Rs specify trash is the responsibility of each lot owner, to occur on each lot. Lot 2 does not currently have its own trash receptacles. If new trash enclosures will be added to Lot 2, they must meet the City of Tukwila requirements related to size and location. The new trash enclosure locations on Lot 2 will likely impact parking on Lot 2. Please contact me with any questions. I will be leaving early this afternoon, but I will be back in the office tomorrow morning at 10:00 a.m. Thank you, Jaimie Jaimie Reavis Senior Planner 1 City of Tukwila 6300 Southcenter Blvd, Suite 1001Tukwila, WA 98188 ph: (206) 431-3659 Jaimie.ReavisPTukwilaWA.gov I www.tukwilawa.gov The City of opportunity, the community of choice. https://outlook.office365.com/owa/?viewmodel=ReadMessageltem&Item) D=AAMkADcwOTdiODIILTVIMjEtN DQwMi04MjJmLW USYzBkNjVhZDIOYwBG... 3/3 11/Z/2U1 / Re: Draft Agreement Ke: uratt Agreement - Jaimie R.eavis Jaimie Reavis Wed 5/24/2017 3:52 PM To:Charlotte Archer <Charlotte@kenyondisend.com>; Thank you, Charlotte! Jaimie Reavis Senior Planner j City of Tukwila 6300 Southcenter Blvd, Suite 1000Tukwila, WA 98188 ph: (206) 431-3659 Jaimie. ReavisPTukwilaWA.gov I www.tukwilawa.gov The City of opportunity, the community of choice. From: Charlotte Archer <Charlotte@kenyondisend.com> Sent: Wednesday, May 24, 2017 2:03:07 PM To: Jaimie Reavis Cc: Joanna Spencer; Minnie Dhaliwal; Robin Tischmak; Jack Pace Subject: RE: Draft Agreement Thanks Jaimie; I e-mailed the language to Ms. Kaylor, and will await further instructions. Thanks! Charlotte Charlotte A. Archer Kenyon Disend, PLLC 11 Front St. S. Issaquah, WA 98027-3820 Tel: (425) 988-2204 www.kenvondisend.com Our website has a new look. Visit us today at www.KenvonDisend.com. From: Jaimie Reavis[mailto:Jaimie.Reavis@TukwilaWA.govj Sent: Wednesday, May 24, 2017 12:44 PM To: Charlotte Archer <Charlotte@kenyondisend.com> Cc: Joanna Spencer <Joanna.Spencer@TukwilaWA.gov>; Minnie Dhaliwal<Minnie.Dhaliwal@TukwilaWA.gov>; Robin Tischmak <Robin.Tischmak@TukwilaWA.gov>; Jack Pace <Jack.Pace@TukwilaWA.gov> Subject: Re: Draft Agreement Charlotte, That would be great if you could send the draft language to the owners' attorney for review, and to state to her that we will not longer request the Agreement. https://outlook.office365.com/owa/?viewmodel=ReadMessageltem&ItemID=AAMI ADcwOTdiODIILTVIMjEtNDQwMi04MjJmLWUSYzekNjVhZDlOYwBG... 1/5 11/27/2017 Thank you, Jaimie Re: Draft Agreement - Jaimie Reavis Jaimie Reavis Senior Planner 'City of Tukwila 6300 Southcenter Blvd, Suite 100 (Tukwila, WA 98188 ph: (206) 431-3659 Jaimie.ReavisPTukwilaWA.gov I www.tukwilawa.gov The City of opportunity, the community of choice. From: Charlotte Archer <Charlotte( kenvondisend.com> Sent: Wednesday, May 24, 2017 10:27:44 AM To: Jaimie Reavis Cc: Joanna Spencer; Minnie Dhaliwal; Robin Tischmak; Jack Pace Subject: RE: Draft Agreement Jaimie: To confirm, would you like me to send this draft language to the owners' attorney for her review? Am I also authorized to state the City will no longer request the owners execute the Agreement? Thanks, Charlotte Charlotte A. Archer Kenyon Disend, PLLC 11 Front St. S. Issaquah, WA 98027-3820 Tel: (425) 988-2204 www.kenvondisend.com Our website has a new look. Visit us today at www.KenyonDisend.com. From: Robin Tischmak[mailto:Robin.TischmakPTukwilaWA.gov] Sent: Tuesday, May 23, 2017 6:51 PM To: Jaimie Reavis<Jaimie.ReavisPTukwilaWA.gov>; Jack Pace <Jack.PacePTukwilaWA.gov> Cc: Joanna Spencer <Joanna.SpencerPTukwilaWA.gov>; Minnie Dhaliwal<Minnie.DhaliwalPTukwilaWA.gov>; Charlotte Archer <CharlottePkenvondisend.com> Subject: RE: Draft Agreement Based on our conference call earlier today, here are my suggested edits to the note on the BSIP. "The owners of the properties within this BSIP agree to dedicate a future 48-foot right-of-way along the north property line for the construction of S 168th St and to dedicate a future 24.5-foot right-of-way along the west property line for the construction of Bauch Drive. At such future date that the City determines the need to acquire the right-of-way for S 168th St and Bauch Drive, the City will provide written notice of its intent to acquire the property by negotiation or other lawful means that includes just compensation to the owners." https://outlook.office365.com/owa/?viewmodel=ReadMessageltem&ItemID=AAMkADcwOTdiODIILTVIMjEtNDQwMi04MjJmLW USYzBkNjVhZDIOYwBG... 2/5 I1/L//LU I / Re: uratt Agreement - Jaimie Reavis After• re -reading this several time, I stop e as it seems to leave all options on the t�. No timeline is suggested or included as this process is unpredictable regarding duration. I'm open to other ideas and/or suggestions. Robin From: Jaimie Reavis Sent: Monday, May 22, 2017 12:47 PM To: John Schofield <ifschofieldc comcast.net> Cc: Mark Crowell <markPculinex.biz>; Joanna Spencer <Joanna.Spencer TukwilaWA.gov>; Robin Tischmak <Robin.TischmakPTukwilaWA.gov>; Minnie Dhaliwal <Minnie.Dhaliwak TukwilaWA.gov>; Charlotte Archer <CharlottePkenvondisend.com> Subject: Re: Draft Agreement John, Below is the list of items that need to be changed or submitted prior to final signature on the BSIP: 1. The margins of all survey sheets need to be clear of any text and sized to meet the requirements of the King County Recorder's Office. All sheets currently have the filepath within the left margin, which needs to be removed on all sheets to be recorded. 2. The surveyor's wet stamp shall be provided on all sheets to be recorded. 3. The surveyor's signature shall be provided on the "LAND SURVEYOR'S CERTIIFICATE" on Sheet 1 of 4. 4. Add the existing parcel number to Sheet 1 of 4 in the space provided under "KING COUNTY ASSESSOR'S APPROVAL" 5. All owners of the land within the BSIP shall have their original, notarized signatures on Sheet 1 of 4. 6. Revise the "DECLARATION" on Sheet 1 of 4 per the attached redlines, to remove the language in our template specific to short plats. 7. Revise Note #8 on Sheet 2 of 4 to say the following: "The owners of the properties within this BSIP agree to dedicate a 48-foot right-of-way along the north property line for future construction of S. 168th Street, and to dedicate a 24.5-foot wide right-of-way along the west property line for future construction of Bauch Drive. Both shall be conveyed within 14 days of written notice from the City that these conveyances are required. King County Recording # " The 14-day time period is negotiable, but whatever time period is proposed will need to be included both in this note on the BSIP and within the separate agreement, for which there's a space for the recording number at the end of the statement on the BSIP. The agreement will need to be recorded with the BSIP, or before. The recording number for the agreement can be hand-written on the BSIP in the Recorder's Office. Please let me know if time period other than 14 days is proposed. 8. An assurance for 150% of the cost of the work to be performed under D17-0093 will need to be submitted to the City of Tukwila. This can be in the form of a bond or cash assignment. Please contact Brenda Holt at Brenda.HoltPTukwilaWA.gov or (206) 431-3672 for more information on submittal requirements. 9. The AGREEMENT FOR FUTURE DEDICATION OF RIGHT-OF-WAY shall be filled out and signed by the owners of property within the BSIP, reviewed by the City of Tukwila, and signed by the Tukwila Mayor. 10. As was previously provided to you, attached here is a list of uses and corresponding information on whether they are permitted in the different districts within the Tukwila Urban Center. We encourage you to provide information on the proposed uses so that we can confirm the proposed use is permitted within the TUC - Pond District. 11. Please include the dimensions and labels for future corridors that have been added to Sheet 2 of 4 for S. 168th St. and Bauch Dr. to all site plans in the BSIP, including Sheet 3 and Sheet 4. 12. Criteria in TMC 17.16.030 for approval of a BSIP requires that appropriate easements and maintenance agreements for shared facilities including circulation and utilities have been provided. Shared areas and facilities should be shown on the BSIP document rather than within the CC&Rs, since the CC&Rs are able to https://outlook.office365.com/owa/?viewmodel=Read Messageltem&Item I D=AAMkADcwOTdiODII LTVI MjEtN DQwM iO4MjJmLW USYzBkNj VhZD IOYwBG... 3/5 11/27/2017 Re: Draft Agreement - Jaimie Reavic be modified at any time. Auuutionally, the CC&Rs should be referenc,_ on the BSIP, with space for the recording number for the CC&Rs, to be added on the BSIP. It is unclear whether reciprocal agreements for circulation and utilities for the lots are limited to the Common Area Drive Aisles depicted in Exhibit C of the latest version of the CC&Rs (Common Area Cost Sharing Agreement and Easements, Covenants, Conditions and Restrictions for Southcenter Corporate Square, dated 05/05/17). Additional clarification is needed on both the BSIP and the CC&Rs to allow circulation over the lots for access, and for installation and maintenance of utilities on the lots (not just within the Common Area Drive Aisles depicted on Exhibit C). For example, if ingress/egress to all lots is to be via Andover Park East and the areas on Exhibit C, Lot 1 of the BSIP will not have legal access. We have reviewed BSIPs that include a blanket agreement on the BSIP for use and maintenance of ingress/egress, utilities, landscaping, parking, etc. Please revise the BSIP and the CC&Rs to show shared ingress/egress and utilities access and maintenance areas on the lots within the BSIP, or provide a blanket statement on all sheets of the BSIP which include a site plan and modify the CC&Rs to include this language. 13. Please note that the CC&Rs specify trash is the responsibility of each lot owner, to occur on each lot. Lot 2 does not currently have its own trash receptacles. If new trash enclosures will be added to Lot 2, they must meet the City of Tukwila requirements related to size and location. The new trash enclosure locations on Lot 2 will likely impact parking on Lot 2. Please contact me with any questions. I will be leaving early this afternoon, but I will be back in the office tomorrow morning at 10:00 a.m. Thank you, Jaimie Jaimie Reavis Senior Planner !City of Tukwila 6300 Southcenter Blvd, Suite 100lTukwila, WA 98188 ph: (206) 431-3659 Jaimie. ReavisPTukwilaWA.gov I www.tukwilawa.gov The City of opportunity, the community of choice. From: John Schofield <ifschofield(acomcast.net> Sent: Monday, May 22, 2017 8:56:16 AM To: Jaimie Reavis Cc: Mark Crowell Subject: RE: Draft Agreement Jaimie, what time this morning can I expect the new list? John Schofield ifschofieldPcomcast.net 206-852-6102 From: Jaimie Reavis[mailto:Jaimie.Reavis(aTukwilaWA.gov] Sent: Friday, May 19, 2017 6:10 PM To: John Schofield Subject: Draft Agreement https://outlook.office365.com/owa/?viewmodel=ReadMessageltem&ItemID=AAMkADcwOTdiODIILTVIMjEtN DQwMi04MjJmLWUSYzBkNjVhZDIOYwBG... 4/5 11/27/2017 Re: Draft Agreement - Jaimie Reavis John, Per our phone conversation earlier today, there are changes that will need to be made to the survey document, and an agreement will need to be recorded along with the survey. I will be sending a list of survey changes next week, but attached is a copy of the draft agreement ahead of time, as you requested. The agreement relates to Note #6 on Sheet 2 of 4 of the survey, for which we have some language changes.This agreement should be modified as needed by the property owners and sent back for our review. Thank you, Jaimie Jaimie Reavis Senior Planner I City of Tukwila 6300 Southcenter Blvd, Suite 100ITukwila, WA 98188 ph: (206) 431-3659 Jaimie.ReavisPTukwilaWA.gov I www.tukwilawa.gov The City of opportunity, the community of choice. No virus found in this message. Checked by AVG - www.avg.com Version: 2016.0.8013 / Virus Database: 4776/14485 - Release Date: 05/19/17 https://outlook.office365.com/owa/?viewmodel=ReadMessageltem&Item ID=AAMkADcwOTdiODIILTVIMjEtNDQwMi04MjJmLW USYzBkNjVhZDIOYwBG... 5/5 1 IILIILO 1 / • ' Re: civil engineering-utilides Re: chili engineering -utilities - Jaimie Reavis Jaimie Reavis Fri 5/12/2017 2:56 PM To John Schofield <jfschofield@comcast.net>;jackr@prallc.com <jackr@prallc.com>; cc:Mark Crowell <mark@culinex.biz>; Jaclyn Adams <Jaclyn.Adams@TukwilaWA.gov>; Hi John, I believe the correction you are responding to in requesting utility locations and the records request for copies of easements is the following (Public Works correction #2 from the BSIP correction letter sent on May 8, 2017): "all easements pertaining to parcel being subdivided shall be shown on the survey map" The easements are recorded with King County, so we don't have them on file here. A list of the easements that apply to the property being subdivided are included in the Title Report that you provided with the BSIP. The surveyor, in modifying the drawings, will need to review the list of easements on the Title Report, contact King County to look up the legal descriptions and/or exhibits recorded with each easement, and then transcribe them to the survey to show them graphically. Some easements can be accessed via the King County website. So, we are planning to cancel the Records Request you submitted today, since King County is the source for easements. Please reply to this email to let us know it will be OK to cancel the Records Request. If my understanding is incorrect and you do need as-builts of utilities, let us know that as well. Thank you, Jaimie Jaimie Reavis Senior Planner I City of Tukwila 6300 Southcenter Blvd, Suite 100ITukwila, WA 98188 ph: (206) 431-3659 Jaimie.ReavisPTukwilaWA.gov I www.tukwilawa.gov The City of opportunity, the community of choice. From: John Schofield <jfschofield@comcast.net> Sent: Friday, May 12, 2017 8:19:26 AM To: Jaimie Reavis Cc: Mark Crowell Subject: civil engineering -utilities Good Morning Jaimie, My architect told me that the city civil engineering dept. has copies of utility locations from when school was built so you should already have them. We are not disturbing any of that so they will be what's on file. Is that department in your building? I looked on line but nothing came up. I will be in Tukwila this morning please let me know if I https://outlook.office365.com/owa/?viewmodel=ReadMessageltem&Item) D=AAMkADcwOTdiODIILTVIMjEtNDQwM104MjJmLWUSYzBkNjVhZDIOYwBG... 1/2 11/27/2017 Re: civil engineering -utilities - Jaimie RPavis have to go to a different dept.to get __.ase or can you pull them up on your city c. .puter and save me a trip. See you this morning if I need to go there. Thank You John Schofield jfschofield@comcast.net 206-852-6102 From: Jaimie Reavis [mailto:Jaimie.Reavis@TukwilaWA.gov] Sent: Thursday, May 11, 2017 3:06 PM To: Nancy Bateman Cc: Shawn Fitzpatrick; Mark Crowell; John Schofield Subject: Re: L17-0005 Binding Site Plan Application Southcenter Corporate Square drawings as of 05-11-17 Thank you for sending these, Nancy. I will send the information on the easement/note as soon as I receive it. Jaimie Jaimie Reavis Senior Planner' City of Tukwila 6300 Southcenter Blvd, Suite 100ITukwila, WA 98188 ph: (206) 431-3659 Jaimie.Reavis@TukwilaWA.eov 1 www.tukwilawa.gov The City of opportunity, the community of choice. From: Nancy Bateman <NBateman@whpacific.com> Sent: Thursday, May 11, 2017 2:33:59 PM To: Jaimie Reavis Cc: Shawn Fitzpatrick; Mark Crowell; John Schofield Subject: L17-0005 Binding Site Plan Application Southcenter Corporate Square drawings as of 05-11-17 Hi Jaimie, Here are the revised drawings for our Binding Site Application number L17-0005 (Seattle South Business Park) based on the City correction letter dated May 8, 2017. We have addressed all of the comments except the "easement or note that will be required to be included on the face of the BSIP" mentioned in note five under the heading Planning Division. Thanks, Nancy Bateman I Civil Transportation PE WHPacific, Inc. 112100 NE 195th St, Ste 300, Bothell, WA 98011 Direct 425.951.4708 I Fax 425.951.4808 I nbateman@whpacific.com Enhancing Client Satisfaction through Creative, Exceptional Service NMSDC Certified MBEICPLIC Certified MBE No virus found in this message. Checked by AVG - www.avg.com Version: 2016.0.8013 / Virus Database: 4776/14459 - Release Date: 05/11/17 https://outlook.office365.com/owa/?viewmodel=ReadMessageltem&Item) D=AAMkADcwOTdiODIILTVIMjEtNDQwMi04MjJmLWUSYzBkNjVhZDIOYwBG... 2/2 11 /Z//'LU I / FW: L17-0005 Binding Site Plan Application Southcenter Corp..- - Jaimie Reavis FW: L17-0005 Binding Sit.e Plan Application Southcenter Corporate Square drawings as of 05-11-17 John Schofield <jfschofield@comcast.net> Mon 5/15/2017 4:25 PM To:Jaimie Reavis <Jaimie.Reavis@TukwilaWA.gov>; Cc:Joanna Spencer <Joanna.Spencer@TukwilaWA.gov>; Hi Jaimie and Joanna, Shawn Fitzpatrick sent this to me. Read his email below please. Thank you John Schofield jfschofieldPcomcast.net 206-852-6102 From: Mark Crowell [mailto:mark@culinex.biz] Sent: Monday, May 15, 2017 4:03 PM To: John Schofield Subject: Fwd: L17-0005 Binding Site Plan Application Southcenter Corporate Square drawings as of 05-11-17 Is that what you need for the city? Will Shawn put his seal on the plans? From: Shawn Fitzpatrick <spfitzpatrick@whpacifrc.com> Sent: Monday, May 15, 2017 4:00 PM Subject: RE: L17-0005 Binding Site Plan Application Southcenter Corporate Square drawings as of 05-11-17 To: Mark Crowell <mark@culinex.biz>, jfschofield <jfschofield@comcast.net> Cc: Nancy Bateman <nbateman(a,whpacific.com> John, Sheet 3 of 4, (previously submitted) #'s 10. & 13. state the Grantee, Purpose, affected area and Recording Number of the 2 gas easements. This meets your requirement below. Shawn Shawn Fitzpatrick I WHPacific, Inc. From: jfschofreld [ jfschofield[mailto:jfschofield@comcast.net] Sent: Monday, May 15, 2017 3:12 PM To: Shawn Fitzpatrick <spfitzpatrick@whpacific.com> Subject: RE: L17-0005 Binding Site Plan Application Southcenter Corporate Square drawings as of 05-11-17 https://outlook.office365.com/owa/?viewmodel=ReadMessageltem&ItemID=AAMkADcwOTdiODIILTVIMjEtN DQwMi04MjJmLWUSYzBkNjVhZDIOYwBG... 1/4 11/27/2017 P"'• L17-0005 Binding Site Plan Application Southcenter ('nrp... - Jaimie Reavis Shawn I just left the city she said they do not need the drawings of a locations of the gas lines they do need the easement numbers she recommended that you call Joanna or Josephine whatever the name is on the public works there and talk to her about it Sent from my Sprint Samsung Galaxy S7. Original message From: Shawn Fitzpatrick <spfitzpatrick@whpacific.com> Date: 5/15/17 3:03 PM (GMT-08:00) To: John Schofield <jfschofield@comcast.net> Cc: Mark Crowell <mark@culinex.biz>, Nancy Bateman <NBatemanawhpacific.com> Subject: RE: L17-0005 Binding Site Plan Application Southcenter Corporate Square drawings as of 05-11-17 John, In reviewing the requirements from Jamie, it is required to show on the Binding Site Plan map the location of easements listed in the Title report. The natural gas line(s) easements recorded at King County Auditor do not dimension the location accurately to transfer to the map, additionally the 2 easements contradict themselves graphically, which tells me there was a change at time of construction. I will need you to provide an as -built map of the gas line(s) or I will need to schedule a underground utility locate and then have my survey crew locate the lines as marked by natural gas company. This second option will take at least a week to get the information back to Nancy. I have no control on others schedule and my survey crew is booked solid for 6 weeks. Please advise how you want to move forward. Have a great day, Shawn Shawn Fitzpatrick I WHPacific, Inc. From: Nancy Bateman Sent: Thursday, May 11, 2017 3:07 PM To: Jaimie Reavis <Jaimie.Reavis@TukwilaWA.gov> Cc: Shawn Fitzpatrick <spfitzpatrick@whpacific.com>; Mark Crowell <mark@culinex.biz>; John Schofield <j fschofield@comcast.net> Subject: RE: L17-0005 Binding Site Plan Application Southcenter Corporate Square drawings as of 05-11-17 Thanks! Nancy Bateman I Civil Transportation PE WHPacific, Inc. 112100 NE 195th St, Ste 300, Bothell, WA 98011 Direct 425.951.4708 I Fax 425.951.4808 I nbateman@whpacific.com Enhancing Client Satisfaction through Creative, Exceptional Service NMSDC Certified MBE/CPUC Certified MBE From: Jaimie Reavis[mailto:Jaimie.Reavisna,TukwilaWA.gov] Sent: Thursday, May 11, 2017 3:06 PM To: Nancy Bateman <NBatemanna,whpacific.com> Cc: Shawn Fitzpatrick <spfitzpatrick@whpacific.com>; Mark Crowell <mark@culinex.biz>; John Schofield https://outlook.office365.com/owa/?viewmodel=ReadMessageltem&Item) D=AAMkADcwOTdiODIILTVIMjEtNDQwMi04MjJmLWUSYzBkNjVhZDIOYwBG... 2/4 11/Z//ZU1 / i-W: L17-0005 Binding Site Plan Application Southcenter Corp... - Jaimie Reavis <j fchofield@comcast.net> Subject: Re: L17-0005 Binding Site Plan Application Southcenter Corporate Square drawings as of 05-11-17 Thank you for sending these, Nancy. I will send the information on the easement/note as soon as I receive it. Jaimie Jaimie Reavis Senior Planner ( City of Tukwila 6300 Southcenter Blvd, Suite 100(Tukwila, WA 98188 ph: (206) 431-3659 Jaimie.Reavist TukwilaWA.gov ( www.tukwilawa.gov The City of opportunity, the community of choice. From: Nancy Bateman <NBateman(a,whpacific.com> Sent: Thursday, May 11, 2017 2:33:59 PM To: Jaimie Reavis Cc: Shawn Fitzpatrick; Mark Crowell; John Schofield Subject: L17-0005 Binding Site Plan Application Southcenter Corporate Square drawings as of 05-11-17 Hi Jaimie, Here are the revised drawings for our Binding Site Application number L17-0005 (Seattle South Business Park) based on the City correction letter dated May 8, 2017. We have addressed all of the comments except the "easement or note that will be required to be included on the face of the BSIP" mentioned in note five under the heading Planning Division. Thanks, Nancy Bateman I Civil Transportation PE WHPacific, Inc. 112100 NE 195th St, Ste 300, Bothell, WA 98011 Direct 425.951.4708 I Fax 425.951.4808 I nbateman@whpacific.com Enhancing Client Satisfaction through Creative, Exceptional Service NMSDC Certified MBEICPUC Certified MBE No virus found in this message. Checked by AVG - www.avg.com https://outlook.off'ice365.com/owa/?viewmodel=Read Message Item&Item I D=AAMkADcwOTdiODIILTVI Mj EtN DQwMi04 Wm LW USYzBkNjVhZD I OYwBG... 3/4 11/27/2017 '^' L17-0005 Binding Site Plan Application Southcenter rorp... - Jaimie Reavis Version: 2016.0.8013 / Virus Datauase: 4776/14471 - Release Date. 05/14/ _ https://outlook.office365.corn/owa/?viewmodel=ReadMessageltem&Item) D=AAMkADcwOTdiODIILTVIMjEtNDQwMi04MjJmLW USYzBkNjVhZDIOYwBG... 4/4 City of Tukwila Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone (206) 431-3670 FAX (206) 431-3865 E mail: Planning@TukwIlaWa.gov BINDING SITE IMPROVEMENT PLAN NO. L17-0005 DECLARATION Know all men by these present that we, the undersigned, owner(s) in fee simple of the land herein described do hereby make a Binding Site Improvement Plan thereof pursuant to RCW 58.17.060. Any subsequent development of the site shall be in conformance with the approved and recorded Binding Site Improvement Plan. The undersigned further declare this Binding Site Improvement Plan to be the graphic representation of said Binding Site Improvement Plan and the same is made with the free consent and in accordance with the desire of the owner(s). In witness whereof we have set our hands and seals. Name: Name: Name: Name: STATE OF WASHINGTON County of King On this day personally appeared before me to me known to be the individual who executed the within and foregoing instrument and acknowledged that he/she signed the same as his/her voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of 20 Signature: Name as commissioned: Title: My appointment expires: STATE OF WASHINGTON County of King On this day personally appeared before me to me known to be the Individual who executed the within and foregoing instrument and acknowledged that he/she signed the same as his/her voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal thls day of 20 Signature: Name as commissioned: Title: My appointment expires: LAND SURVEYOR'S; T1 ICAT 1 �'NQ�lC�7 • /. • registered as a land surveyor by the State of as ngton, certify that this plat is based on an actual survey of the land described herein, conducted by me or under my supervision; that the distances, courses and angles are shown hereon correctly; and that monuments other than those monuments approved for setting at a later date, have been set and lot corners staked on the ground as depicted on the plat. [DATE: 8/21201711:00AM) [AUTHOR: nbateman] [PLOTTER /\sea-0s11HPT2500] [STYLE: WHPStendard.db] [PATH: P:1SouthconlerCarporate Square LLC1P0015888W1ExacutiontDrewings1Sunrey115888W-V-CN-03 currentdvg] [LAYOUT: 01 COVER) SURVEY IN NW 1/4 OF SE 1/4 OF SECTION 2 8 T. 32 N. R 4 E., W.M., IN KING COUNTY, WASHINGTON RECORDING CERTIFICATE Filed for record at the request of the City of Tukwila this day of , 20 at_minutea past M and recorded in Volume of Plats, on page of King County, Washington. records King County Manager Supt. of Records end Elections Legal Description (Old) (PER STEWART TITLE COMPANY. ORDER NUMBER 206138666, ON AUGUST 22, 2006.) LOT 4. CITY OF TUKWILA SHORT PLAT NUMBER L97-0049 (SOUTHCENTER CORPORATE SQUARE), ACCORDING TO THE SHORT PLAT RECORDED UNDER RECORDING NUMBER 9711069009, RECORDS OF KING COUNTY, WASHINGTON; EXCEPT RAILROAD TRACKAGE AND APPURTENANCES AS RESERVED BY UNION PACIFIC RAILROAD COMPANY, AS DISCLOSED BY DEED RECORDED UNDER RECORDING NO. 7607070502. SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. Legal Description (New) LOTS 1, 2 & 3, CITY OF TUKWILA BINDING SITE IMPROVEMENT PLAN NUMBER L17-0005 (SOUTHCENTER CORPORATE SQUARE), ACCORDING TO THE BINDING SITE IMPROVEMENT PLAN RECORDED UNDER RECORDING NUMBER RECORDS OF KING COUNTY, WASHINGTON, SUBJECT TO AND TOGETHER WITH EXISTING EASEMENTS; EXCEPT RAILROAD TRACKAGE AND APPURTENANCES AS RESERVED BY UNION PACIFIC RAILROAD COMPANY, AS DISCLOSED BY DEED RECORDED UNDER RECORDING NO. 7607070502. SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. OWNER(S): ADDRESS: PHONE: SOUTHCENTER CORPORATE SQUARE, LLC 835 ANDOVER PARK WEST, SUITE 107 2084184513 CITYISTATEIZIP: TUKWILA, WA 98188 VOLUME PAGE APPROVALS KING COUNTY FINANCE DIVISION I certify that all property taxes are paid and that a deposit has been made in sufficient amount to pay the taxes for the following year; that there are no delinquent special assessments certified to this office for collection; and that all special assessments on any of the property herein dedicated as streets, alleys, or for other public use are paid in full. This day of , 20 King County Treasurer Deputy King County Treasurer KING COUNTY ASSESSOR'S APPROVAL Examined and approved by the Department of Assessments thls day of 20 King County Assessor Parcel Number: 2623049144 Deputy Assessor TUKWILA SHORT SUBDIVISION COMMITTEE APPROVAL Reviewed and approved by the Short Subdivision Committee and hereby certified for filing this day of 20 Chairperson, Short Subdivision Committee 1/ ANDOVER PARK E. ANDOVER PARK W. LU w z . rri Inm �"- SITE CL z z J 0 SOUTHCENTER PARKWAY \� VICINITY MAP WHPacific n,a,mir ar,m COVER SHEET DRAWN BY NJB DATE 06/01/2017 JOS NLIMRER P0015888W CHECKED BY SPF SCALE NOT TO SCALE SHEET 1 OF 4 City of Tukwila Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone (206) 431.3670 FAX (206) 431-3665 E-mail: Planning81TukwilaWa.gov BINDING SITE IMPROVEMENT PLAN NO. L17-0005 P N') 0 h 43 V) CALCULAIEO EAST 1/4 CORNER OF SEC770N 26, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M. 1 MATCH LINE SEE ABOVE RIGHT LEGEND MATCH LINE SEE BELOW LEFT -- -- .- T _ POINT OF BEGINNING FOUND LEAD PLUG AND TACK, 1.04' WEST OF TRUE CORNER FOUND I/2"IRON ROD WITH YELLOW PLASTIC CAP "156", 0.62' EAST OF TRUE CORNER Z 0 0 ANDOVER PARK WEST S88'05'42 "E 30.00' SOI 47'29 "W 523.90 451.30' R/W S01 '4 7'29"W PROPOSED LOT 3 BOUNDARY ELECTRIC CONDUIT\SIDEWALK- SCALE 50 0 25 50 100 ( FEET ) 1 INCH = 50 FT. FOUND BRASS CAP MON. IN MONUMENT BOX C) FOUND MONUMENT AS NOTED O LOCATION OF TITLE REPORT EXCEPTION SEE PAGE 3 FOR DESCRIPTION SETBACK LINE EXISTING CONCRETE WALK EXISTING CONCRETE CURB & GUTTER REFERENCES: REFERENCE SURVEY PLA75; VOL. 128/27-28, VOL 704/6-70, VOL 31/73-74, VOL 07/22-2.1. REFERENCE SURVEYS; 54/212, 43/115, 120/20. SHORT PLAT N0. L97-0049 RECORDED UNDER RECORDING N0. 9711089009, RECCWOS OF KING cower,. WASH9IGTON. UNRE00R0E0 ALTA/ASCM SURVEY BY W Q H PACIFIC, DATED DECEMBER 10, IDS& J08 N0. 3-7905-0101 NOTES: 1. THE TOTAL LAND AREA IS 378,438 5O FT. . (7.26 ACRES). R 711E RECORD DESCRIPTION FORMS A CLOSED MATHEMATICAL FMIXIRE. 3. THESE PROPERTIES ARE VESTED IN WASHINGTON REAL ESTATE HOLDINGS, LLC, A WASHINGTON LIMITED UA86J1Y COMPANY. 4 PROPERTY TAX LOT AND ZDNINO DEW:NATIONS: TAX 10T NUMBER(S): 2823049144 PARCEL ADDRESS: 380 ANDOVER PARK WEST Z0MN0: IUC-P n TUKWILA URBAN CENTER - POND FRONT - /5', SECOND FRONT- 15', SCE - 70'. REAR - ID', HEIGHT - 715' 0 704E SU8,857 PARCEL LIES IN ZONE X. PER FEMA MAP NUMOER 530JJC0950F, DATED MAY 18, 7995 e. PARKING FOR SITE NEW LOT is .16 COMPACR J6 STANDARD; 0 HANDICAPPED NEW LOT 2; 49 COMPACT, SO STANDARD; 0 HANDICAPPED NEW 1.0T S 42 COMPACT; 272 STANDARD; 8 HANDICAPPED 7. THE UNDERGROUND U17UDE5 SHOWN HAVE BEEN LOCATED FROM F7EL0 SURVEY, CONDUCTED AUGUST MA, OF OBSERVABLE FEATURES AND SUPPLEMENTED /NTH INFORMATION FROM EXISTING DRAWN05. THE SURVE)W MAKES NO GUARANTEE THAT THE UBUTIES SHOWN COMPRISE AU. SUCH U7IUT7ES IN THE AREA, E7T7ffR RR SERWCE OR ABANDONED. THE SURVEYOR FURTNER DOES NOT WARRANT THAT THE UNDERGROUND UTWITES ARE IN THE EXACT LOCATION INDICATED, OUT ARE LOCATED AS ACCURATELY AS POSSIBLE FROM INFORMATION & RESERVATION CV' RECIPROCAL ACCESS, CANER 67)08, AND UTILITIES EASEMENT OVER, UNDER, AND ACROSS THOSE PORTIONS OF TOTS I, 2.AND J THAT SC72Yr AS PARN7N0 AREAS AND/OR DRIVE. AISLES ITS TO BE GRANTED BY SEPARATE DOCUMENT, REC. N0. 9. ADDITIONAL TERMS TO BE GRANTED BY THE SEPARATE DCX3IMPNT Tam COMMON AREA COST SHARING AGREEMENT AND EASEMENTS. COVENANTS, CONDITIONS AND RESTRICTIONS FOR SO THEENTER CORPORATE SOUARC (CCMN), REG NO. CURVE DATA CURVE RADIUS DELTA LENGTH BEARING CHORD C1 50.00' 90'06'49' 78.64' S4650'53"W 79. /8' C2 15.00' 54'45'56' 14.34' 1460'42'44"W 73.80' C3 50.00' 289'31'52" 252.66' 50154'78"W 57.69' C4 15.00' 54'45'56" 14.34' N64'37'20"E 13.80' C5 50.00' 89'53'11" 78.44' S43D9'07"E 70.64' C6 50.00' 54'36'23" 47.65' 56037'58"E 45.87' C7 50.00' 81'00'43" 70.70' 145133'29711 64.95' PARCEL DATA PARCEL. SO.FT. ACRE AVG. WIDTH AVG. LENGTH 1 61,345 1.41 245' 248' 2 51,811 1.19 250' 190' 3 202,302 4.64 500' 405' REC. NO. 7610290608 'OREC. NO. 7703070907 --� 1 FOUND 1" IRON PIPE WITH L' YELLOW PLASTIC CAP, 0.09' NORTH OF TRUE CORNER FOUND 1/2" IRON ROD WITH / YELLOW PLASTIC CAP "S&A", 0.11' EAST OF TRUE CORNER [DATE: 82201710;59 AM) [AUTHOR: r.batelnen; (PLOTTER: ttse6.18el\HPT25001 [STYLE: WHP'Biandald.db) [PATH: P:1600ttlaontor Cava* Squar9 LLCIP0015888WNEuecubonloraWingskSuNey11502W-v-CN'0.3 urrent.dWg1 (LAYOUT, 02 PLAT) I1 BUILDING 545 BUILDING 555 PROPOSED LOT 1 BOUNDARY NO126'45 E 248.48' L., N0. 2001' 248.84' 20000450 BRIDGE 7O BE REMOVED LOT 17 BUILDING 370 n CO RW CO J I(� CO „, T LOT 3 BUILDING 565 BUILDING 575 HC RAMP PROPOSED 10T 2 BOUNDARY j/-- I Vto :N0154'171' 225.35' LOT 2 BUILDING 360 TRASH BIN, CURD, AND FENCE TO DE BUILT -2G7.1 L.' VOLUME PAGE FENCE CORNER /S 7.2"(W) OF PROP. LINE OWNER(S): SOUTHCENTER CORPORATE SQUARE, LLC ADDRESS: 630 ANDOVER PARK WEST, SUITE 107 CITYISTATE2IP: TUKWILA, INA 00106 FENCE IS 0.7'(W) OF PROP. LINE OWNERSHIP OF CHAINUNK FENCE APPEARS TO BE ADJOINING PARCEL CHECKED aY SPF i NO1 47'29"E REC. NO. 20011120000450 WHPacific .on, 1 0 U v 2250' C3 N 22.50' 00• 10. PLAT City of Tukwila Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone (206) 431-3870 FAX (208) 431-3685 E.6nail: Planning(81TukwilaWa.govv BINDING SITE IMPROVEMENT PLAN NO. L17-0005 -age Z SCALE 50 0 25 50 100 MI ( FEET ) 1 INCH - 50 FT. EXCEPTIONS: THE FOLLOTMNG ARE PER FIDELITY NATIONAL 1171E COMPANY OF WASHINGTON, INC. ORDER NUMBER 20374430-010-KA6, ON APRIL 12, 2017: RESERVATION OF EASEMENT AND THE TERMS AND CONDITIONS THEREOF.' RESERVED Ent UNION PACIFIC RAILROAD COMPANY, A UTAH CORPORATION PURPOSE RAILROAD TRACXACE AND APPURTENANCES AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: JULY 7, 7976 RECORDING NO. 7607070502 NOT PLOTTABLE EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PUGET SOUND POWER & LIGHT COMPANY, A WASHNGTON CORPORATION PURPOSE: UNDERGROUND ELECTRIC SYSTEM AREA AFFECTED: NORTH 12.31 FEET OF SAID PREMISES RECORDED: CY: TOBER 29, 1976 RECOROUNO N0. 7610290608 PLOTTED RESERVATION OF EASEMENT AND THE TERMS ANU CONDHK7N5 THEREOF: RESERVED 81^. UNION PACIFIC LAND RESOURCES CORPORATION. A UTAH CORPORATION PURPOSE: RAILROAD AREA AFFECTED: A NORTHERLY PORTION OF SAID PREMISES RECORDED: MARCH 7, 1977 RECORDING NO.: 7703070907 PLOTTED EASEMENT FOR UNDERGROUND ELECTRIC SYSTEM AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PUGE7 SOUND POWER h Ut91T COMPANY AREA AFFECTED: PORTION OF SAID PREMISES RECORDED: JANUARY 13, 1978 RECORDING NO: 7607/30816 NOT PLOTTABLE EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE PUGE7 SOUND ENERGY, INC. PURPOSE: GAS PIPELINE OR PIPELINES AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED..AILY 16, 1997 RECORDING NO: D707160053 LOCATION UNKNOWN. NOT PIDT7ET1 HEREON. 13 EASEMENT AND THE TERMS AND CONDITIONS THERM GRANITE: MJOCT SOUND ENERGY, INC. PURPOSE CAS PIPELINE OR PIPELINES AREA AFFECTED: A PORTION OF SAID m7E o= RECORDED: NOVEMBER 20, 1997 RECORDING NO.: 9711200323 LOCATION UNKNOWN. NOT PLOTTED HEREON. 1�4. EASEMENT AND THE TERMS AND CONDITIONS 1NEFEp: GRANTEE: CHEST 00 909477ON, A DELAWARE CORPORATION PURPOSE: UNDERGROUND FIBER OP77C CABLE SYSTEM AREA AFFECTED: PORTION OF SAID PREMISES REOOROW. Nowma01 20, 2601 RECORDING NO.: 10011120000450 PLOTTED LEGEND EXISTING EVERGREEN TREE TO REMAIN EXISTING DECIDUOUS TREE TO REMAIN EXISTING CONCRETE WALX EXISTING CONCRETE CURB h CUTTER [DATE: 6/21201710:57 AM] [AUTHOR nb44men] jPLOTTER:11wa-file1\HPT2500j (STYLE: WHPStenderd.Mb) (PATH: P:1Soulhcenter Corporate Square LLMPU015888WlExeDutituMrawings'SuNey115888W-V-CN-03 cutrentdwg) MYOUT:03 LS) ANDOVER PARK WEST PROPOSED LOT 3 BOUNDARY BUILDING 545 BUILDING 555 0 PROPOSED LOT 1 BOUNDARY 0 00 BRIDGE 70 8E REMOVED LOT 1 BUILDING 370 LOT 3 BUILDING 565 BUILDING 575 \-1k- PROPOSED LOT 2 BOUNDARY lb* iliampear 410411 *1 L BUILDING 360 TRASH BIN, CURB, AND FENCE TO BE BUILT froin7 VOLUME PAGE 8 0 0 000 00 1 � 4st OWNER(9): SOUTHCENTER CORPORATE SQUARE, LLC ADDRESS: 838 ANDOVER PARK WEST SUITE 107 CITY/STATE/MP: TUKWILA, WA 98188 4 WHPRific , f1.01.1. Pe KO EXISTING VEGETATION DRAWN BY NJB DATE 06/01/2017 JOB NUMBER P0015888W NECKED BY SPF SCALE 1"=501-0" SHEET OF 4 City of Tukwila Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone (206) 431-3670 FAX (206) 431-3665 E-mail: PlanningtTukwilaWa.gov BINDING SITE IMPROVEMENT PLAN NO. L17-0005 SCALE 50 0 25 50 100 (FEET) 1 INCH = 50 FT. NOTES: t. ilf£ SITC 13 12,EL. CONTA NS NOI SWUM. ASPHALT AND BUILDLING IMPERVIOUS SURFACE DATA PARCEL SQ.FT. ACRE 1 48,603 1.12 2 43,430 0.99 3 167,987 3.86 LEGEND .Ck FIRE HYDRANT AUTO FIRE CONNECTION WATER VALVE ® WATER METER KA POST INDICA TOR °- WATER DI.OWOFF W—• WA ER PAINT MARK UTILITY POI F W/DGHT C GUY ANCHOR UN. 1Y HOLE ® POWER MEIER POWER VAULT POWER TRANSFORMER CO TELEPHONE VAULT 0 TELEPHONE RISER TELEPHONE MANHOLE' 7— TFI. FPHONE PAINT MARK GAS METER Q GAS VENT P POWER PAINT MARK (� CATCH BASIN STORM MANHOLE SD— STORM LINE O SEWER MANHOLE S— SEWER PAINT MARK GRAVEL EDGE BUILDING FAVF ® JUNCTION DOX - NUMBER OF COMPACT PARKING SPACES NUMBER OF STANDARD PARKING.. SPACES HANDICAP PARKING SPACE [DATE: 6)2,2017 10:58 AM( (AUTHOR: nbatemanl (PLOTTER: lleae tlte11HPT2500] (STYLE: WHPSlandard.dbj (PATH: P.1S0LM. ce ter Corporate Squara LL00015888V1Exeatdon gs)Sunrayi16888W-V-CN 03 ourren.d*'gj ItAYOUT: 04 CMLj ANDOVER PARK WEST FIRE HYDRANT BUILDING 545 2 STORY F.F. =22.50 10,708 S.F. 105.94' IBUILDING 555 2 STORY F.F.=23.50 10,803 S.F. Li-SGII h -- Sp __ PROPOSED LOT 1 — BOUNDARY OWNER(S): SOU7HCENTER CORPORATE SQUARE, LLC ADDRESS: 835 ANDOVER PARK WEST,SURE 107 cm7STATETZIP: TUKWILA. WA 96188 FIRE HYDRA T a t'"fi I 1 I I BRIDGE TO BE I REMOVED I I LOT a._ I BUILDING 370 I2 STORY F.F. =24.00 10,845S.F. CELL TOWER mit DRAWN BY NJB CHECKED BY SPF BUILDING 565 2 STORY F.F. =22.50 10,921 S.F. BUILDING 57.5 2 STORY F.F.=23.50 10,709 S.F. PROPOSED LOT 3 BOUNDARY SIGN -/ -- SD --- -__.. SD — ...-.❑ -- SD -- PROPOSE° LOT 2 SIGN �.� BOUNDARY 93 - BUILDING 360 2 STORY F: F. =24.00 10,807 S.F. DATE SCALE WHPacific 112 1w, t'm 09114.611 06/01/2017 1"=50'-0" VOLUME PAGE SIGN FIRE HID NT FIRE H ANT - TRASH EXISTING IMPROVEMENTS JOB NUMBER P0015888W SHEET 4 OF 4 City of Tukwila Department of Community Development FILE NUMBER L17-0005 (PL17-0003) Land Use Routing form for Revisions TO: ❑ Building ri e Dept ❑ Police Dept [Parks/Rec. Public Works: (please list the name) Joanna Spencer Project: Southcenter Corporate Square LLC Binding Site Improvement Plan Address: 360 Corporate Dr. N Date transmitted: May 18, 2017 Response requested by: May 19, 2017 Planner: Jaimie Reavis Date response received: COMMENTS Received copy of title report and CC&Rs in response to incompleteness letter. Affnlicvf ❑ DRC review requested ❑ Plan submittal requested Plan check date: S ' 19 / 7 ❑ Plan approved Comments prepared by: i City of Tukwila Department of Community Development FILE NUMBER L1'7-0005 (PL17-0003) Land: Ilse_ outing form for Revisions TO: CkBuilding ❑ Fire Dept. ❑ Police Dept ❑Parks/Rec. ki Public Works: (please list the name) Joanna Spencer Project: Southcenter Corporate Square LLC Binding Site Improvement Plan Address: 360 Corporate Dr. N Date transmitted: May 18, 2017 Response requested by: May 19, 2017 Planner: Jaimie Reavis Date response received: COMMENTS Received copy of title report and CC&Rs in response to incompleteness letter. ❑ DRC review requested ❑ Plan submittal requested 6- S-[ -(7 Plan approved Plan check date: Comments prepared by: City oaf ukwila -TVISION SUBMITTAL Department of Community Development PLANNING DIVISION 6300 Southcenter Boulevard, Suite #100 Tukwila, Washington 98188 Phone: 206-431-3670 Revision submittals must be submitted in person at the Permit Center, ACCOMPANIED BY RESPONSE DOCUMENTS AND THIS COMPLETED FORM. Revisions will not be accepted through the mail, email, fax, etc. Date: 5-18-2017 Permit Number: L 17-0005 D 17-0093 Project Name: Culinex Kitchens Project Address: 360 corporate drive north Tukwila Wa. Project Contact: John Schofield Contact Phone number: 206 852 6102 City Planner: Jaimie Reavis PLEASE ATTACH A COPY OF ANY LETTER REQUESTING CORRECTIONS / ADDITIONAL INFORMATION ❑ Response to Preliminary Approval ® Response to letter requesting additional information (Please attach a copy of the letter) ►� Final Short Plat Submittal Summary of revision/response submittal: Planning : Items 1 thru 6 completed on revised BSIP by Nancy Bateman Civil Transportation PE at WH Pacific Inc. Fire: Items 1 and 2 completed, new and approved property line with required set back drawn on revised BSIP by Nancy Bateman Civil Transportation PE at WH Pacific Inc. Public Works: Items 1 thru 5 All required wording and dates revised by Shawn Fitzpatrick PLS Cfeds and Nancy Bateman Civil Transportation PE at WH Pacific Inc. Received at the City of Tukwila Permit Center by: Entered in TRAKiT on RECEIVED MAY 18201? Community Development CAUsers Submittal Form.doc Revised: March 20t4 City of Tukwila Allan Ekberg, Mayor Department of Community Development - Jack Pace, Director Mr. Jack Rader Pacific Realty Advisors, LLC 411 University Street, Suite 1200 Seattle, WA 98101 Dear Mr. Rader, The City of Tukwila has completed review of the Binding Site Improvement Plan for the Southcenter Corporate Square LLC (permit number L17-0005). Corrections below are grouped by department or division: Planning Division J1. Add permit number L17-0005 in the space provided at the upper -left-hand corner of each survey sheet. All references to a short plat should be changed to binding site improvement plan (i.e., "SHORT PLAT NUMBER "should be changed to "BINDING SITE IMPROVEMENT PLAN NUMBER "). Language in the declaration on Sheet 1 of 4 also references a short plat, which should be changed to binding site improvement plan • 2. Revise Tukwila email address in the upper -left-hand corner of each sheet to Planning0TukwilaWA.gov. -/3. Include a statement within the BSIP which requires that any subsequent development of the site shall be in conformance with the approved and recorded Binding Site Improvement Plan. • 4. The draft Common Area Cost Sharing Agreement and Easements, Covenants, Conditions and Restrictions for Southcenter Corporate Square, dated March 14, 2017, states on p. 18 (last sentence of 8.1) that "Nothing in this Agreement is intended to create any reciprocal parking easements among the Lots with respect to the use of the parking areas now or hereafter located on the Lots." If shared parking will not be included, we will need to review the project to ensure each lot is able to provide adequate parking according to its uses and the requirements of Table 18-5 of the Tukwila Municipal Code. Please show the location and total count of parking stalls on each lot of the BSIP. J 5. Pursuant to TMC 18.28 (Figure 18-19 Corridor Type Map), new streets will be located along the north (S. 168`h St. extension), west (Bausch Dr. extension), and south (Wig Blvd. extension) sides of this BSIP. These future streets should be shown on the BSIP drawings. An easement or note will be required to be included on the face of the BSIP. We are still waiting to hear back from the City Attorney and Public Works to determine which will be required, and will relay this information to you when it is received. 6. Sheet 2 of 4 shows long, narrow rectangles crossing between Lot 1 and Lot 2, and between Lot 1 and Lot 3. Please include a notation on Sheet 2 indicating what these areas are (i.e., sidewalks, landscape areas, covered walkways, etc.). If portions of these rectangular areas are structures that will be demolished, please indicate this on the plans. Fire Department 1. Proposed Lot 2 does not provide required set back to the building exterior wall based on fire resistance rating of existing wall. 2. Lot 1 does not front the public rights of way. No detail given for access to this site, access for emergency vehicles shall be provided. Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov L17-0005 Seattle South Business Park Binding Site Improvement Plan May 8, 2017 Page 2 Public Works Department 1. Please label the parcel on S side of Corporate Dr. N as " LOT 3 OF CITY OF TUKWILA SHORT PLAT NO. L97- 0049. 2. Sheet 2 of 4 under references shall list SHORT PLAT L97-0049 recorded under recording no.9711069009 and all easements pertaining to parcel being subdivided shall be shown on the survey map. 3. Verify correct recording # of item 17; last two digits of the recording # on sheet 2 of 4 is 49, however under exceptions on sheet 3 of 4 it is 50. 4. Sheet 3 of 4 refers to title co. order on August 22, 2006; please update with current title co. order date. 5. For the new parcels legal descriptions please add "subject to and together with existing easements". For questions about any of the above comments, please contact the applicable representative from each department, as follows: Planning Division: Jaimie Reavis, 206-431-3659, Jaimie.Reavis@TukwilaWA.gov Building Division: KC Ellis, 206-431-3677, Kevin.EllisCaTukwilaWA.gov Fire Department: Don Tomaso, 206-971-8723, Don.Tomaso@TukwilaWA.gov Public Works Department: Joanna Spencer, 206-431-2440, Joanna.Spencerc TukwilaWA.gov Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov L17-0005 Seattle South Business Park Binding Site Improvement Plan May 8, 2017 Page 2 Public Works Department 1. Please label the parcel on S side of Corporate Dr. N as " LOT 3 OF CITY OF TUKWILA SHORT PLAT NO. L97- 0049. 2. Sheet 2 of 4 under references shall list SHORT PLAT L97-0049 recorded under recording no.9711069009 and all easements pertaining to parcel being subdivided shall be shown on the survey map. 3. Verify correct recording # of item 17; last two digits of the recording # on sheet 2 of 4 is 49, however under exceptions on sheet 3 of 4 it is 50. 4. Sheet 3 of 4 refers to title co. order on August 22, 2006; please update with current title co. order date. 5. For the new parcels legal descriptions please add "subject to and together with existing easements". For questions about any of the above comments, please contact the applicable representative from each department, as follows: Planning Division: Jaimie Reavis, 206-431-3659, Jaimie.Reavis@TukwilaWA.gov Building Division: KC Ellis, 206-431-3677, Kevin.Ellis(TukwilaWA.gov Fire Department: Don Tomaso, 206-971-8723, Don.Tomaso@TukwilaWA.gov Public Works Department: Joanna Spencer, 206-431-2440, Joanna.Spencer(«)TukwilaWA.gov Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov City of Tukwila Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone (206) 431-3670 FAX (206) 431-3665 E-mail: PlanningI TukwilaWa.gov BINDING SITE IMPROVEMENT PLAN NO. L17-0005 DECLARATION Know all men by these present that we, the undersigned, owner(s) in fee simple of the land herein described do hereby make a Binding Site Improvement Plan thereof pursuant to RCW 58.17.060 and acknowledge that said Binding Site Improvement Plan shall not be further divided in any manner within a period of five years, from date of record, without the filing of a final plat. Any subsequent development of the site shall be in conformance with the approved and recorded Binding Site Improvement Plan. The undersigned further declare this Binding Site Improvement Plan to be the graphic representation of said Binding Site Improvement Plan and the same is made with the free consent and in accordance with the desire of the owner(s). In witness whereof we have set our hands and seals. Name: Name: Name: Name: STATE OF WASHINGTON County of King On this day personally appeared before me to me known to be the individual who executed the within and foregoing instrument and acknowledged that he/she signed the same as his/her voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of . 20 Signature: Name as commissioned: Title: My appointment expires: STATE OF WASHINGTON County of King On this day personally appeared before me to me known to be the individual who executed the within and foregoing instrument and acknowledged that he/she signed the same as his/her voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of 20 Signature: Name as commissioned: Title: My appointment expires: LAND SURVEYOR'S CERTIFICATE 1 registered as a land surveyor by the State of Washington, certify that this plat is based on an actual survey of the land described herein, conducted by me or under my supervision; that the distances, courses and angles are shown hereon correctly; and that monuments other than those monuments approved for setting at a later date, have been set and lot corners staked on the ground as depicted on the plat. SURVEY IN NW 1/4 OF SE 1/4 OF SECTION 26 T. 32 N. R 4 E., W.M., IN KING COUNTY, WASHINGTON RECORDING CERTIFICATE Filed for record at the request of the City of Tukwila thls day of 20 at minutes past M, and recorded in Volume of Plats, on page records of King County, Washington. King County Manager Supt. of Records and Elections Legal Description (Old) (PER STEWART TITLE COMPANY, ORDER NUMBER 206138666. ON AUGUST 22, 2006.) LOT 4, CITY OF TUKWILA SHORT PLAT NUMBER L97-0049 (SOUTHCENTER CORPORATE SQUARE), ACCORDING TO THE SHORT PLAT RECORDED UNDER RECORDING NUMBER 9711069009, RECORDS OF KING COUNTY, WASHINGTON; EXCEPT RAILROAD TRACKAGE AND APPURTENANCES AS RESERVED BY UNION PACIFIC RAILROAD COMPANY, AS DISCLOSED BY DEED RECORDED UNDER RECORDING NO. 7607070502. SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. Legal Description (New) LOTS 1, 2 & 3, CITY OF TUKWILA BINDING SITE IMPROVEMENT PLAN NUMBER L17-0005 (SOUTHCENTER CORPORATE SQUARE), ACCORDING TO THE BINDING SITE IMPROVEMENT PLAN RECORDED UNDER RECORDING NUMBER , RECORDS OF KING COUNTY, WASHINGTON, SUBJECT TO AND TOGETHER WITH EXISTING EASEMENTS; EXCEPT RAILROAD TRACKAGE AND APPURTENANCES AS RESERVED BY UNION PACIFIC RAILROAD COMPANY, AS DISCLOSED BY DEED RECORDED UNDER RECORDING NO. 7607070502. SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. OWNER(S): ADDRESS: PHONE: SOUTHCENTER CORPORATE SQUARE, LLC 635 ANDOVER PARK WEST, SUITE 107 206.610.9513 CITY/STATE/ZIP: TUKWILA, WA 98188 ',UME PAGE APPROVALS KING COUNTY FINANCE DIVISION I certify that all property taxes are paid and that a deposit has been made in sufficient amount to pay the taxes for the following year; that there are no delinquent special assessments certified to this office for collection; and that all special assessments on any of the property herein dedicated as streets, alleys, or for other public use are paid in full. This day of , 20 King County Treasurer Deputy King County Treasurer KING COUNTY ASSESSOR'S APPROVAL Examined and approved by the Department of Assessments this day of , 20 King County Assessor Deputy Assessor Parcel Number(s) TUKWILA SHORT SUBDIVISION COMMITTEE APPROVAL Reviewed and approved by the Short Subdivision Committee and hereby certified for filing this day of 20 Chairperson, Short Subdivision Committee • in 0 DRAWN BY NJ B CHECKED BY S P F ANDOVER PARK E. ANDOVER PARK W. J CO —CC l -4 0 z J 0 SITE I DATE I SCALE SOUTHCENTER PARKWAY �-5 VICINITY MAP WHPaafic 1x1w E+s�z. s. we 5/17/2017 NOT TO SCALE EC MAY co oov COVER SHEET JOB NUMBER P0015888W SHEET OF 4 EIVED 18 2011 tmunity fopment VOLUME PAGE 1= City of Tukwila Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone (206) 431-3670 FAX (206) 431-3665 E-mail: Planning@,TukwilaWa.gov BINDING SITE IMPROVEMENT PLAN NO. L17-0005 LJ 1oa I I I. -L CALCULATED EAST 1/4 CORNER OF SECTION 26, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M. MATCH LINE SEE ABOVE RIGHT LEGEND B FOUND BRASS CAP MON. 1N MONUMENT BOX O FOUND MONUMENT AS NOTED Q LOCATION OF TITLE REPORT EXCEPTION SEE PAGE 3 FOR DESCRIPTION SETBACK LINE EXISTING CONCRETE WALK EXISTING CONCRETE CURB & GUTTER REFERENCES: MATCH LINE SEE BELOW LEFT 0 0 a POINT OF BEGINNING FOUND LEAD PLUG AND ACK, 1.04' WEST OF TRUE COINER FOUND 1/2" IRON ROD 47H YELLOW PLASTIC CAP "156", 0.62' EAST OF TRUE CORNER ELECTRIC CONDUIT\SIDEWALK •�I. Z llil� SCALE 50 0 25 50 100 RtrINCNCE SURVEY PLATS VOL. 128/27-28. VOL 104/8-10, VOL 31/73-74, VOL. 63/22-23. Rtr4K2NCE SURVEYS; 54/212, 43/115, 128/28. SHORT PLAT NO. L97-0049 RECORDED UNDER RECORDING NO. 9711069009, RECORDS OF KING COUNTY WASHINGTON. UNRECORDED ALTA/ASCM SURVEY BY W & H PACIFIC. DATED DECEMBER 19, 1996, JOB N0. 3-1905-0101 NOTES: 1. THE TOTAL LAND AREA IS 315,458 SO. FT. t (7.28 ACRES). 2 THE RECORD DESCRIPTION FORMS A CLOSED MATHEMATICAL FIGURE 3. THESE PROPERTIES ARE VESTED IN WASHINGTON REAL ESTATE HOLDINGS (LC. A WASHINGTON WARTED UABIUTY COMPANY. ♦ PROPERTY TAX LOT AND ZONING DESIGNATIONS TAX LOT NUMBER(5): 2623049144 PARCEL ADDRESS J60 ANDOVER PARK WEST ZONING• TUC-P - TUKWILA URBAN CENTER - POND FRONT - 15', SECOND FRONT- 15', 510E A. 10; REAR - 10; HEIGHT - 115' S. THE SUBJECT PARCEL UES IN ZONE X, PER FEMA MAP NUMBER 53033C0959F, DATED MAY 18, 1995 6. PARKING FOR SITE NEW LOT 1: NEW LOT 2 NEW LOT 3: 38 COMPACT,; 36 STANDARD; 0 HANDICAPPED 53 COMPACT,: 38 STANDARD; 0 HANDICAPPED 42 COMPACT; 212 STANDARD; 8 HANDICAPPED 7. ME UNDERGROUND URUTIES SHOWN HAVE BEEN LOCATED FROM FIELD SURVEY, CONDUCTED AUGUST 2006, OF OBSERVABLE FEATURES AND SUPPLEMENTED WITH INFORMATION FROM EXISTING DRAWINGS. THE SURVEYOR MAKES NO GUARANTEE THAT THE URUDES SHOWN COMPRISE ALL SUCH UIIURES IN ME AREA, EITHER IN SERVICE UR ABANUUNED. IRE SURVEYOR FURTHER DOES NOT WARRANT THAT ME UNDERGROUND UTILITIES ARE IN ME EXACT LOCATION INDICATED, BUT ARE LOCATED AS ACCURATELY AS P05518LE FROM INFORMATION AVAILABLE a ME OWNERS OF ME PROPERTIES WITHIN ME SSP AGREE TO EXECUTE A 49-FOOT YWOE EASEMENT ALONG ME NORTH PROPERTY LINE FOR FUTURE CONSTRUCTION OF S 166TH STREET, AND A 24.5-FOOT YWDE EASEMENT ALONG ME WEST PROPERTY LINE FOR FUTURE CONSTRUCTION OF BAUCH DRIVE CURVE DATA CURVE RADIUS DELTA LENGTH BEARING CHORD C1 50.00' 90 06'49" 78.64' 546450'53"W 70.78' C2 15.00' 54'45'56" 14.34' N60'42'44"W 13.80' C3 50.00' 28931'52" 252.66' SO154'18"W 57.69' C4 15.00' 54'45'56" 14.34' N6431'20"E 13.80' C5 50.00' 89'53'11" 78.44' S4309'07"E 70.64' C6 50.00' 54 36'23" 47.65' 560 37'58"E 45.87' C7 50.00' 8100'43" 70.70' N51'33'29"E 64.95' PARCEL DATA PARCEL SQ.FT. ACRE AVG. WIDTH AVG. LENGTH 1 61,345 1.41 245' 248' 2 51,811 1.19 250' 190' 3 202,302 4.64 500' 405' ( FEET ) 1 INCH = 50 FT. ()REC. NO. 7610260608 ®REC. NO. 77031070907 n-49 I I� I UJ v) N FOUND 1" IRON PIPE WI YELLOW PLASTIC CAP, 0.09' NORTH OF TRUE ORNER FOUND 1/2" IRON ROD MTH YELLOW PLASTIC CAP "5&A", 0.11' EAST OF TRUE CORNER S88'05'42 "E 30.00' SOI 47'29"W ANDOVER PARK WEST 11 II I I I I II PROPOSED LOT 1 BOUNDARY N0126'45"E BUILDING 545 BUILDING 555 248.48' 1-�h1 Tt ter. ® REC. NO. 20011120000450 NCE-CORNER-7S-1.2'j W) OF PROP. UNE 248.84' FENCE IS 0. 7'(W) OF PROP. UNE 1 N 1.co 0 N OWNERSHIP OF CHAINLINK FENCE APPEARS TO BE ADJOINING PARCEL 523.90' 451.30' S01 '47'29"W PROPOSED LOT 3 BOUNDARY /?C , `'L,` { C; R: (. L a ;9 1 4 0 BUILDING 565 HC RAMP BUILDING 575 LJ N0154'17'E 225.35' PROPOSED LOT 2 BOUNDARY 6) N88'05 267.11' NO1 47'29"E FUTURE NEIGHBORHOOD CORRIDOR - - 1�4 REC. NO. 20011120000450 o O L. (75 wl I_ in W N ~ V"Mr 41111.11:?Cc BAUCH D -SAY- s 201 OWNER(S): SOUTHCENTER CORPORATE SOUARE, LLC ADDRESS: 635 ANDOVER PARK WEST, SUITE 107 CITY/STATE/ZIP: TUKWILA, WA 98188 • wnu•runuu nun ••FDI STO 9'�A'AL LAN; 9 WHPacific 100/1 4,29,,.,,1Fax u29,,.,o, uuurratrtlrsenunIOUnuNn L171"lir; i Develop ent DRAWN BY NJ B CHECKED BY SPF DATE 5/17/2017 SCALE 1"=50'-0" JOB NUMBER P0015888W SHEET ^ L OF 4 11b il al City of Tukwila is Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone (206) 431-3670 FAX (206) 431-3665 E-mail: Planningai.TukwilaWa.gov BINDING SITE IMPROVEMENT PLAN NO. L17-0005 EXCEPTIONS: RESERVATION OF EASEMENT AND TIE TERMS AND CONDITION THEREOF RESERVED 811 CITY OF MRIMLA FIRE DEPARTMENT PURPOSE: FYRE AND EMERGENCY VEHICLE ACCESS AREA AFFECTED: A PORTION OF SAID PREMISES DESCRIPTION: OWNERS OF LOTS 2 AND 3 SHALL ALLOW ACCESS TO AND NOT UNIT THE MOVEMENT OF ALL FIRE DEPARTMENT VEHCLES AND OTHER EMERGENCY VEHICLES BETWEEN LOT I AND THE PUBLIC RIGHTS OF WAY TO ENSURE EMERGENCY SERNCES HAVE ACCESS TO ALL LOTS AT ALL TIMES NOT PLOTTABLE THE FOLLOTWNG ARE PER FIDELITY NATIONAL TITLE COMPANY OF WASHNGTON, INC ORDER NUMBER 20374430-410-KA6, ON APRIL 12, 2017: 4. RESERVATION OF EASEMENT AND THE TERMS AND CONDITIONS THEREOF: RESERVED BY UNION PACIFIC RAILROAD COMPANY, A UTAH CORPORATION PURPOSE: RAILROAD TRACKAGE AND APPURTENANCES AREA AFFECTED: A PORTION OF SAID PREMISES RLCUNDED: ,ULY 7, 1976 RECORDING NO:. 7607070502 NOT PLOTTABLE EASEMENT AND THE TERMS AND CONDITIONS THEREOF`. GRANTEE: PUGET SOUND POWER . LIGHT COMPANY, A WASHINGTON CORPORATION PURPOSE: UNDERGROUND ELECTRIC SYSTEM AREA AFFECTED: NORTH 1231 FEET OF SAID PREMISES RECORDED: OCTOBER 29, 1976 RECORDING NO. 7610290608 PLOTTED RESERVATION OF EASEMENT AND THE TERMS AND CONDI110N5 THEREOF: RESERVED BY: UNION PACIFIC LAND RESOURCES CORPORATION, A UTAH CORPORATION PURPOSE: RAILROAD AREA AFFECTED: A NORTHERLY PORTION OF SAID PREMISES RECORDED: MARCH 7. 1977 RECORDING NO.: 7703070907 PLOTTED 8. EASEMENT FOR UNDERGROUND ELECTRIC SYSTEM AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PUGET SOUND POWER G LIGHT COMPANY AREA AFFECTED: PORTION 09 SAID PREMISES RECORDED: JANUARY 13, 1978 RECORDING NO.: 7801130816 NOT PLOTTABLE 10. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PUGET SOUND ENERGY, INC. PURPOSE GAS PIPELINE OR PIPELINES AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: JULY 18. 1997 RECORDING Na: 9707180453 LOCATION UNKNOWN. NOT PLOTTED HEREON. 13. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PUGET SOUND ENERGY, INC. PURPOSE: GAS PIPELINE OR PIPELINES AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: NOVEMBER 20, 1997 RECORDING NO: 9711200323 LOCATION UNKNOWN. NOT PLOTTED HEREON. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: MST CORPORATION, A DELAWARE CORPORATION PURPOSE UNDERGROUND FIBER OPTIC CABLE SYSTEM AREA AFFECTED: PORTION OF SAID PREMISES RECORDED: NOVEMBER 20, 2001 RECORDING 740: 20011120000450 PLOTTED LEGEND EXISTING EVERGREEN TREE ID REMAIN EXISTING DECIDUOUS TREE TO REMAIN EXISTING CONCRETE WALK EXISTING CONCRETE CURB & GUTTER Z SCALE 50 0 25 50 AN (FEET) 1 INCH = 50 FT. S 168TH ST FUTURE NEIGHBORHOOD CORRIDOR OWNER(S): SOUTHCENTER CORPORATE SQUARE, LLC ADDRESS: 635 ANDOVER PARK WEST, SUITE 107 CITY/STATE/ZIP: TUKWILA, WA 98188 ANDOVER PARK ,.SST ,µFCtL 3 BUILDING 555 BUILDING 370 lnneaumm:ro DRAWN BY N IB CHECKED BY S P F PROPOSED LOT 3 BOUNDARY BUILDING 575 PROPOSED LOT 2 BOUNDARY BUILDING 360 IvnLUME O Z Lu LL.1 LLJ E FUTURE NEIGHBORHOOD CORRIDOR — BAUCH EC MAY EXISTING VEGET fev 1:100NE 1Ez,a e. mo &MeV/A WWI DATE 5/17/2017 ' JOB NUMBER SCALE 1"=50'-0" SHEET 3 P0015888W OF 4 IV V 2►17 un me a 3 am 0 1.1 2 7— TELEPHONE PAINT MARK GAS METER Q GAS VENT p POWER PAINT MARK ❑ CA TCH BASIN QO STORM MANHOLE SD— STORM LINE O SEWER MANHOLE S— SEWER PAINT MARK GRAVEL EDGE — — BUILDING EA VE JUNCTION BOX NUMBER OF COMPACT PARKING SPACES NUMBER OF STANDARD PARKING SPACES HANDICAP PARKING SPACE L�. City of Tukwila Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone (206) 431-3670 FAX (206) 431-3665 E-mail: Planning@TukwilaWa.gov BINDING SITE IMPROVEMENT PLAN NO. L17-0005 NOTES: T. THE SITE IS LEND— CONTOURS NOT SHONN. SCALE 50 0 25 50 100 ( FEET ) 1 INCH = 50 FT. ASPHALT AND BUILDLING IMPERVIOUS SURFACE DATA PARCEL SQ.FT. ACRE 1 48,603 1.12 2 43,430 0.99 3 167,987 3.86 LEGEND FIRE HYDRANT AUTO FIRE CONNECTION DO WATER VALVE ® WATER METER KI POST INDICATOR o— WATER BLOWOFF W— WATER PAINT MARK UTILITY POLE W/LIGHT E— GUY ANCHOR UTILITY POLE • POWER METER © POWER VAULT ▪ POWER TRANSFORMER © TELEPHONE VAULT a TELEPHONE RISER TD TELEPHONE MANHOLE co 0 I0 U Io I0 I m ecS Iw Iw I19. IL.- I I I IVOLUME PAGE ANDOVER PARK vvcST FIRE HYDRANT BUILDING 545 2 STORY F.F.=22.50 10,708 S.F. BUILDING 555 2 STORY F.F.=23.50 10,803 S.F. R/W PROPOSED LOT 3 BOUNDARY FIRE HYDR NT BUILDING 565 2 STORY F.F.=22.50 10,921 S.F. BUILDING 575 2 STORY F.F.=23.50 10,709 S.F. 130-- SDI I 1I I PROPODSED LOT 1 a • F' ❑ BOUNDARY — ^r j I I SD L SD •arc/ • H RE yo t-' ��, rt HYD Ri NT i ✓ It' LI I COVERED WALKWAY TO BE DEMOLISHED BETWAND 370EEN BLDG 360 3► LOT 1 BUILDING 370 2 STORY F.F.=24.00 �J 10, 845S. F. 47 157.15'D OWNER(S): SOUTHCENTER CORPORATE SQUARE, LLC ADDRESS: 635 ANDOVER PARK WEST, SUITE 107 CITY/STATE/ZIP: TUKWILA, WA 98188 ...'",'"'444,(4144444( DRAWN BY NJB CHECKED BY SPF '148.781 M— —SD— — --SD— $ —5D PROPOSED LOT 2 SIGN BOUNDARY• BUILDING 360 2 STORY F.F..24.00 10,807 S.F. SIGN FUTURE NEIGHBORHOOD CORRIDOR — BAUCH DR. DATE SCALE WHITC1fit EXISTING IMPROVE44 S uwm. vo .1.WA I/eoe 5/17/2017 1"=50'-0" JOB NUMBER SHEET IV V t,Com unit P0015888W v(;t pme 4 OF 4 ED 111 nt WHEN RECORDED RETURN TO: Southcenter Corporate Square, LLC c/o Pacific Realty Advisors LLC 411 University Street, Suite 1200 Seattle, WA 98101 Attention: Jack Rader Document Title: Common Area Cost Sharing Agreement and Easements, Covenants, Conditions and Restrictions for Southcenter Corporate Square Grantor: Southcenter Corporate Square, LLC Grantee: Southcenter Corporate Square, LLC Legal Description: Abbreviated Legal Description: Lots 3 and 4, City of Tukwila Short Plat Number L97-0049 (Southcenter Corporate Square), According to the Short Plat recorded under Recording Number 9711069009, records of King County, Washington Full Legal Description: See Exhibit A attached Assessor's Tax Parcel Nos.: 2623049143; 2623049144 Reference Nos. of Documents Amended: 9711060371; 20040708000011 COMMON AREA COST -SHARING AGREEMENT AND EASEMENTS, COVENANTS, CONDITIONS AND RESTRICTIONS FOR SOUTHCENTER CORPORATE SQUARE This Agreement is made as of as of May 15, 2017, by SOUTHCENTER CORPORATE SQUARE, LLC, a Delaware limited liability company ("Declarant"). RECITALS: A. Declarant is the owner of the real property located in Tukwila, King County, Washington, legally described in Exhibit A attached (the "Property"). The Property is currently improved with 11 buildings used for office and other commercial purposes. 3924/060 05/05/17 tbarke\southcenter corp square -1- cc&rs 4 B. The Property and the improvements thereon are currently known as Southcenter Corporate Square (the "Park"). C. Declarant desires to create certain easements in, to, over and across the Property to assure the proper and efficient development, operation and functioning of the Park, to create provisions for the construction, maintenance and operation of the Common Areas and other buildings and improvements now or hereafter constituting the Park, and to make certain other covenants and agreements relating to the Park as more specifically set forth in this Agreement. AGREEMENT: Declarant covenants, agrees and declares that all of the Property, and the buildings, structures and other improvements now or hereafter constructed thereon, are and will be held, developed, used, sold, conveyed, leased and encumbered subject to and burdened by the following covenants, conditions, restrictions and easements, all of which will be binding upon and benefit Declarant and all future holders of all or any interest in the Property, and their respective successors, legal representatives and assigns. All of the provisions of this Agreement will be binding upon all parties having or acquiring any right, title and interest in the Property or any part thereof, and will in all respects be regarded as covenants running with the land. The Property is subject to Protective Covenants dated October 30, 1997 and recorded on November 6, 1997 in the real property records of King County, Washington under recording number 9711060371, as amended by an Amendment to Protective Covenants dated June 25, 2004 and recorded on July 8, 2004 in the real property records of King County, Washington under recording number 20040708000011 (the "1997 Covenants"). Declarant is the successor in interest to the Declarant under the 1997 Covenants and is the Owner of more than 65% of the square footage of all Sites, as defined in the 1997 Covenants. In accordance with Section 8.02 of the 1997 Covenants, Declarant has the right to terminate, modify or amend the 1997 Covenants, as to the whole of the property covered by the 1997 Covenants, or any portion thereof. Therefore, Declarant covenants, agrees and declares that this Agreement supersedes the 1997 Covenants with respect to only the Property legally described on Exhibit A attached to this Agreement and, to the extent that any provisions of the 1997 Covenants conflict with or contradict the provisions of this Agreement with respect to that Property, the provisions of this Agreement will control. For purposes of clarity, and not intending to limit anything in the preceding sentence, the following provisions of the 1997 Covenants will not be applicable to the Property:: Article III and Sections 4.04, 4.06, 4.07, 4.12, and 6.02. This Agreement will not supersede or replace the 1997 Covenants to the extent the 1997 Covenants apply to real property not described in Exhibit A attached to this Agreement. 3924/060 05/05/17 - 2 - cc&rs 4 tbarke\southcenter corp square ARTICLE I: DEFINITIONS 1.1 "Allocable Share" means that part of the Common Area Costs allocable to each Lot. The Allocable Share of each Lot will be determined by dividing the rentable area of the office and commercial space on the applicable Lot by the total rentable area of all office and commercial space constituting the Park. Rentable area will be calculated in accordance with BOMA Standards. The current Allocable Shares of the Lots are set forth in Exhibit B attached. To the extent any Common Facilities are located in a building on a Lot, the Allocable Share of that Lot will be reduced by the rentable area of the space occupied by such Common Facilities. 1.2 "BOMA Standards" means the Standard Method for Measuring Floor Area in Office Buildings (ANSI/BOMA Z65.1-2010). 1.3 "Common Areas" means any of the following improvements or facilities located on any Lot in the Park: drainage swales and basins and other surface water management facilities and systems,, any streams or open space areas; private roadways and ; driveways nor .n exclusively an v one Lot, the planting strips, sidewalks and traffic I I y es islands located in or adjacent to private roadways (including easement roadways and; ti driveways), and the planting strips, sidewalks and traffic islands adjacent to public ;���� roadways (to the extent that such strips, sidewalks and islands are not maintained at they expense of a public body), including without limitation all medians, boulevards, jogging , a (Sit. and walking trails and picnic areas: The Common Areas will also include the Park t41,1 vt 11-1 signage, but not signage located on the Owner's Lots or individual 'buildings. The j D Common Areas will not include any of the parking areas or private drive isles located on an Owner's Lot. Those drive aisles that are include within the Common Areas are shown " 1916614 crosshatched on Exhibit C attached to this Dec aration: keit- eaSekow4 o 1.4 "Common Area Costs" means all reasonable expenses paid or incurred in maintaining, operating, repairing, replacing and administering the Common Areas and the Common Facilities, and the personal property used in connection therewith, including without limitation, the costs of water, electricity, fuel; services; supplies; snow, garbage and refuse removal; landscape maintenance; service of independent contractors; the cost of liability insurance covering the Common Areas and the Common Facilities naming all Owners (and their Mortgagees) as additional insureds; taxes on personal property owned by the Operator and used primarily in connection with the operation or maintenance of the Common Areas and the Common Facilities; subsidies and other payments required by public bodies, including those for traffic signals and controls to the extent that they benefit all of the Owners; legal and accounting expenses and all other expenses or charges whether or not described above which, in accordance with generally accepted accounting and management practices, would be considered an expense of maintaining, operating, repairing, replacing and administering the Common Areas and the Common Facilities. 3924/060 05/05/17 - 3 - cc&rs 4 tbarke\southcenter corp square Common Area Costs will include an administrative fee to the Operator in the amount of ten percent (10%) of all other Common Area Costs, excluding the administrative fee. 1.5 "Common Facilities" means facilities located in a building on a Lot and operated by Declarant or any successor Operator, which are available for the use of all tenants of the Park. The Common Facilities consist of (a) an exercise facility located in Suite 109 on the first floor of Building 8 of the Park at 635 Andover Park West in Tukwila, Washington, and (b) a conference room located in Suite 105 on the first floor of Building 8 of the Park at 635 Andover Park West in Tukwila, Washington. 1.6 "Development Standards" means those specifications set forth in Article VII of this Agreement. 1.7 "First Class Condition" means those standards upheld in maintenance, operation and/or condition of a well maintained suburban office/business complexes of similar age, design and composition to that of the Park located in south King County, Washington. 1.8 "Index" means the Consumer Price Index for All Urban Consumers (CPI- U) - Seattle -Tacoma -Bremerton (1982-1984 = 100), as published by the U.S. Department of Labor's Bureau of Labor Statistics (the "Bureau"). If the Bureau ceases to quote the Index or the Index is otherwise discontinued, the Index will be the replacement index of consumer prices published by the Bureau or if none a substitute index of consumer prices selected by the Operator. 1.9 "Lender" has the meaning given to it in Section 9.1. 1.10 "Lender's Deed of Trust" has the meaning given to it in Section 9.1. 1.11 "Lot" means and refers to any legally segmented and alienable portion of the Park, now existing or hereafter created through subdivision, short subdivision, boundary line adjustment, binding site plan approval or any other legal process for dividing land, with the exception of public streets and other publicly owned areas. 1.12 "Mortgage" means any recorded mortgage or deed of trust encumbering one or more of the Lots, including without limitation the Lender's Deed of Trust. 1.13 "Mortgagee" means and refers to the holder or beneficiary of any mortgage and will not be limited to institutional mortgagees. 1.14 "Occupant" means a lessee, tenant, or licensee of any Owner, or any person or entity other than Owner in lawful possession of a Lot or any portion thereof, with the permission of the Owner of such parcel. 3924/060 05/05/17 - 4 - cc&rs 4 tbarke\southcenter corp square 1.15 "Operator" means the Owner (or third party manager) responsible for the maintenance, repair, operation and management of the Common Areas under the terms of this Agreement. 1.16 "Owner" means and refers to the record owner (whether one or more persons or entities) of a fee interest in any Lot, but excluding Mortgagees or other persons or entities having such interest merely as security for the performance of an obligation. Purchasers or assignees under recorded real estate contracts will be deemed Owners as against their respective sellers or assignors. Where a Lot is subject to a ground lease from the Owner of a Lot, with respect to such Lot, the term "Owner" means the ground lessee and not the ground lessor under the ground lease. ARTICLE II: MAINTENANCE OF LOTS, COMMON AREAS AND COMMON FACILITIES 2.1 Control of Common Areas and the Common Facilities. So long as Declarant owns any of the Lots, unless Declarant resigns or is removed as provided in this Agreement, Declarant will be the Operator and will have exclusive control over the Common Areas and the Common Facilities for maintenance purposes, responsibility for maintaining the Common Areas and the Common Facilities, and the right to contract with others and employ personnel at reasonably competitive market rates for such purposes. After Declarant no longer has any interest in any of the Lots, the Owners will select an Owner or third party property manager to act as Operator in accordance with the voting provisions of Section 2.5. 2.2 Common Area Standards. Except as otherwise provided in this Agreement, the Operator will operate and maintain or cause to be operated and maintained the Common Areas and the Common Facilities, in good order, condition and repair, reasonable wear and tear excepted, and in a First Class Condition. The Operator may delegate its duties under this Agreement to a property management company who performs property management functions with respect to portions of the Park owned by the Operator, provided as between the Owners and Operator, Operator will continue to remain principally responsible for the performance of the obligations and liabilities delegated to Operator under this Agreement. 2.3 Reimbursements. (a) Each Owner will pay to Operator its Allocable Share of all Common Area Costs in accordance with the terms of this Section 2.3. By December 1 of each calendar year, the Operator will provide to each Owner an estimated Common Area Costs budget for the Common Areas and the Common Facilities for the coming calendar year (the "Budget"). Except as provided below, the Budget will not require the approval of the 3924/060 05/05/17 - 5 - cc&rs 4 tbarke'southcenter corp square Owners. Each Owner will pay to the Operator, within ten (10) days after the beginning of each calendar month during the applicable calendar year, 1/12t of the amount estimated by Operator as such Owner's Allocable Share of the estimated Common Area Costs for such calendar year. Within one hundred fifty (150) days after the end of each calendar year, the Operator will provide to each other Owner a full and complete statement of the Common Area Costs incurred during the preceding calendar year, and if any Owner has paid more than its Allocable Share, the Operator will refund to such Owner the amount of the excess within thirty (30) days following receipt of such statement. Should any Owner have paid less than its Allocable Share during the preceding calendar year, then such Owner will pay to the Operator, within thirty (30) days following the receipt of such statement, the deficiency in its Allocable Share. (b) Notwithstanding any other provision in this Agreement, if the Budget for any calendar year provides for an increase in the estimated Common Area Costs for any calendar year over the actual Common Area Costs for the prior calendar year by an amount greater than the sum of (i) the percentage increase in the Index most recently published prior to December 1 in the then current calendar year over the Index most recently published prior to the preceding December 1, plus (ii) an additional five percentage points per annum, the Budget will be subject to the approval of Owners with at least sixty percent (60%) of the aggregate of all Allocable Shares. In addition, if the actual Common Area Costs exceed the estimated Common Area Costs in the annual Budget submitted to the Owners under Section 2.3(a) above by more than ten percent (10%), the amount of the increase must be approved by Owners with at least sixty percent (60%) of the aggregate of all Allocable Shares. (c) The Operator will maintain (or cause its property manager, if any, to maintain) books and records regarding Common Area Costs and the determination of the respective Allocable Share of each Owner for the applicable calendar year in accordance with a system of accounts and accounting practices consistently maintained on a year to year basis. The Operator will keep (or cause its property manager, as applicable, to keep), such books and records for a period of two (2) years after the end of each calendar year; provided, in the event of a dispute regarding the Allocable Share of any party, all such books and records will be maintained until resolution of the dispute. Each Owner will have the right, exercisable not more than once during any calendar year, and upon at least ten (10) days notice to the Operator, to review the books and records of the Operator (or its property manager) relevant to any statement or statements rendered by Operator under this section. If in an Owner's opinion, such review discloses an error in the Operator's (or its property manager's) books and records with regards to the calculation of the Allocable Share of such Owner, such Owner may cause an audit of the Operator's (or its property manager's) books and records which will be conducted by an independent certified public accountant designated by such Owner and reasonably acceptable to the Operator, who does not represent and is not employed by either the Owner or Operator (or their respective 3924/060 05/05/17 - 6 - cc&rs 4 tbarke\southcenter corp square property managers, if any) on any other matters. If any such audit discloses that an Owner overpaid its Allocable Share for any calendar year, the Operator will pay the Owner the amount of the overpayment within thirty (30) days after the results of the audit have been disclosed to all parties. If any such audit discloses an Owner underpaid its Allocable Share during any calendar year, such Owner will pay the Operator the amount of the underpayment within thirty (30) days after the results of the audit have been disclosed to both parties. All costs and expenses of the audit will be paid by the Owner who requests the audit; however, if any such audit discloses an error which results in the overpayment by such Owner of its Allocable Share of Common Area Cost by ten percent (10%) or more, the Operator will promptly reimburse such Owner for the costs of the audit, which costs will not be charged as a Common Area Cost. Any audit or review of the Operator's books and records will occur at the principal office of the Operator (or its property manager, as applicable) in Seattle, Washington, or at such other location as the Operator (or its property manager) designates in the Seattle metropolitan area, and will occur during the normal business hours of the Operator (or its property manager). The results of any audit or review of the Operator's (or its property manager's) books and records and any information obtained from such review or audit will be kept confidential and any Owner conducting an audit or review under this section will require that its agents and representatives agree in writing to keep such information confidential. 2.4 Taxes. Except as otherwise provided in this Section 2.4, each Owner will pay before delinquency all real and personal property taxes, general and special assessments, including local improvement assessments, and other charges of every description, levied on or assessed against its Lot and on personal property located on or in its Lot. 2.5 Removal or Resignation of Operator. Any Owner acting as the Operator may be removed as the Operator upon written notice by an affirmative vote of Owners with greater than sixty percent (60%) of the Allocable Shares of all Owners. If an Operator is so removed the replacement Operator will be the Owner designated as the Operator by an affirmative vote of the Owners with greater than sixty percent (60%) of the Allocable Shares of all Owners. In the event that such vote does not result in any replacement Operator receiving a vote of more than sixty percent (60%) of the Allocable Shares of all Owners, then the Owner with the greatest number of Allocable Shares will serve as replacement Operator. Any such replacement Operator will be subject to all of the rights and obligations of the Operator under this Agreement accruing after the effective date of its appointment. Any Owner acting as the Operator will have the right, upon ninety (90) days prior written notice to the other Owners, to resign as the Operator in which event the Owners will designate a replacement Operator by a vote of at least by an affirmative vote of the Owners with greater than sixty percent (60%) of the Allocable Shares of all Owners. In the event of the removal or resignation of an Operator, if the Owners have not within thirty (30) days thereafter designated an Owner as the Operator as provided above, 3924/060 05/05/17 - 7 - cc&rs 4 tbarke\southcenter corp square then unless otherwise agreed by the Owners, the Operator will be a property management company, with experience operating suburban office/business complexes in the Seattle, Washington metropolitan area, which will be selected and be approved by vote of the Owners, with the property management company receiving the votes with the greatest numbers of the Allocable Shares of all Owners becoming the Operator. In lieu of the 10% administrative fee, which shall not be paid, such property manager will be paid the standard market fee to act as the Operator and such fee will constitute a Common Area Cost. Notwithstanding any other provision of this Agreement, any Owner acting as the Operator under this Agreement will have no liability to the other Owner for acts undertaken in good faith in the exercise of reasonable business judgment, and in no event will any Owner acting as the Operator be liable to the other Owners other than for acts or omissions which constitute gross negligence or willful misconduct. 2.6 Rules and Regulations. The Operator will have the power to adopt (and from time to time amend) reasonable, nondiscriminatory rules and regulations concerning the Common Areas and the Common Facilities provided that such rules and regulations are not inconsistent with the provisions of this Agreement. Each Owner agrees to observe and comply with, and cause its Occupants to observe and comply with, such rules and regulations related to the Common Areas and the Common Facilities. 2.7 Maintenance and Operation of Lots. (a) Maintenance and Operation of Lots. Each Owner will maintain its Lot, buildings and improvements, including any signage present on the Lot, in First Class Condition and in compliance with all laws, rules, regulations, orders and ordinances of the relevant governmental authorities, as well as the provisions of this Agreement. Each Owner further agrees to maintain and repair, at its sole cost, in a clean, sightly and safe condition any exterior shipping/receiving dock area, any truck ramp or truck parking area and to store all trash and garbage in adequate containers maintained in a neat and clean condition and to be shielded in such a way that they will not be readily visible from any portion of the Common Areas or public streets. Each Owner will also arrange, at its sole cost, for regular removal of such trash and garbage from that Owner's Lot. The landscaping on all Lots will be neatly and attractively maintained, and will be cultivated and planted to the extent required to maintain an appearance in harmony with other Lots in the Project. Each Owner will maintain the landscaping on its Lot at its sole cost. The signage on each Lot will be stylistically consistent with signage throughout the Park. Each Owner shall maintain all parking areas, driveways, curbs and walkways located on its Lot in a clean and safe condition, including the paving and repairing or resurfacing of such areas when necessary with the type of material originally installed thereon or such substitute therefor as shall, in all respects, be equal or superior in quality, appearance and durability. In the event that an Owner fails to maintain its Lot, buildings, improvements, signage and landscaping in a First Class Condition, the Operator may have the Lot, buildings, improvements and/or 3924/060 05/05/17 - 8 - cc&rs 4 tbarke\southcenter corp square landscaping maintained in a First Class Condition, subject to the notice provisions in subsection (b) below, and may charge the Lot Owner for the work in accordance with the provisions of Section 2.7(b). An Owner will not allow a condition to exist on its Lot which will materially and adversely affect any other Lot or any other Owner, and that is inconsistent with the terms of this Agreement. (b) Substitute Performance. Each Owner affirms its covenant to perform the maintenance and repair obligations stated in subsection (a) above. If the Operator reasonably believes that the conditions on any Lot do not meet the requirements of this Section 2.7 the Operator will provide the Owner with thirty (30) days prior written notice (except in the case of emergency where only reasonable notice prior to or after the emergency will be required and except after three such notices in any twelve month period where no further prior notice will be required) to perform the required maintenance and repair on such Owner's Lot. If the Owner does not perform such maintenance and repair within the 30-day period (except in case of emergency) or, to the extent the obligation cannot be fully performed within such 30-day period due to unavailability of materials or other causes beyond the Owner's reasonable control, fails to commence performance of the obligation within such 30-day period and/or fails thereafter to pursue performance diligently to completion, the Operator will have the right to perform such maintenance and repair on the Owner's Lot without the necessity of giving any further notice under this Agreement. In connection therewith, each Owner grants to the Operator and its agents, employees, representatives and contractors the right to enter upon such Owner's Lot for the purposes of performing such maintenance and repair. The non -performing Owner will pay all reasonable costs and expenses incurred by the Operator in connection with performing the maintenance and repair within ten (10) days after receipt of any statement form the Operator. If the Owner fails to timely reimburse the Operator for all reasonable costs and expenses incurred by the Operator in the performance of such work, the costs and expenses, together with interest thereon at determined in accordance with Section 10.3 of this Agreement, from the date due until paid in full, and together with such costs and reasonable attorneys' fees as may be incurred in seeking to collect such amounts, will be not only the personal obligation of such Owner, but will also be a charge on the land and will be a continuing lien upon the Owner's Lot, provided that suchlien will be subordinate and inferior to (a) the lien of all taxes, bonds, assessments and other levies which by law would be superior thereto, and (b) the lien of any Mortgage against the Owner's Lot recorded prior to the recording of the lien. Such lien will be recorded and foreclosed in accordance with Section 10.3 hereof. ARTICLE III: INDEMNIFICATION AND INSIURANCE 3.1 Indemnity - Buildings. Each Owner ("Indemnifying Party") will indemnify, defend and hold harmless each other Owner and their Occupants (each an "Indemnified Party") from and against all claims and all costs, expenses and liabilities 3924/060 05/05/17 - 9 - cc&rs 4 tbarke\southcenter corp square (including reasonable attorneys' fees and costs) incurred in connection with all claims, including any actions or proceedings brought thereon, arising from or as a result of the death of or any action, injury, loss or damage to any person or to the property of any person as will occur within the portion of the Park owned by the Indemnifying Party, except for claims caused by the negligence or willful misconduct of an Indemnified Party, its licensees, agents, employees and contractors. Whenever a provision for indemnity is set forth in this Agreement, in the event of the concurrent negligence of any party bound by this Agreement, which concurrent negligence results in injury or damage to person or property and relates to the construction, alteration, repair, addition to, subtraction from, improvement to or maintenance of the Park, the obligation to indemnify (including payment of the costs, expenses and attorneys' fees incurred by the party being indemnified in connection with the claim, action or proceeding brought with respect to such injury or damage) will be limited to the extent of the negligence of the party required to indemnify. The obligations of the Indemnifying Party under any indemnity provided for in this Agreement will not be limited by, and all persons now or hereafter bound by this Agreement waive, any worker's compensation provision (including but not limited to RCW Title 51) to the contrary or so limiting. EACH PARTY NOW OR HEREAFTER BOUND BY THIS AGREEMENT ACKNOWLEDGES AND AGREES THE INDEMNIFICATION AND WAIVER PROVISIONS SET FORTH IN THIS AGREEMENT WERE SPECIFICALLY NEGOTIATED AND AGREED TO BY THE PARTIES. 3.2 Property Insurance. Each Owner will carry or cause to be carried fire and extended coverage insurance in an amount equal to at least ninety percent (90%) of the replacement cost (exclusive of the cost of excavation, foundations and footings) of the improvements (including the Common Areas and the Common Facilities) located on its Lot, insuring against loss by fire and such other risks generally covered by extended coverage insurance. Such insurance will be carried with financially responsible companies licensed to do business in the State of Washington. Each Owner will use reasonable efforts to cause any Mortgagee of its Lot to agree to allow insurance proceeds to be used to pay for the cost of repairing and restoring Common Areas and the Common Facilities located on the Lot as provided for in this Agreement. During construction of improvements on its Lot, the insurance required under this Agreement must be in "builder's all-risk" form. 3.3 Liability Insurance. Each Owner will at all times during the term of this Agreement, maintain or cause to be maintained in full force and effect, commercial general liability insurance covering its Lot or Lots. Such insurance will (i) include coverage for any action resulting in personal injury to or death of any person and consequential damages arising therefrom, (ii) be in an amount of not less than $2,000,000 per occurrence, (iii) be issued by a financially responsible insurance company or companies licensed to do business in the State of Washington, and (iv) at the request of any other Owner expressly 3924/060 05/05/17 - 10 - cc&rs 4 tbarke\southcenter corp square name such other Owner as an additional insured. Unless otherwise agreed in writing by the Owners, the Operator will purchase and maintain for the benefit of all Owners, commercial general liability insurance covering the Common Areas and the Common Facilities in the amounts set forth above. The reasonable cost of any such insurance obtained by the Operator will be treated as a Common Area Cost, and any insurance policy so obtained by Operator will name all Owners (and their Mortgagees) as additional insureds. Each Owner (including Operator) will furnish to any other Owner requesting the same evidence that the insurance required of it under this Agreement is in place. 3.4 Waiver of Subrogation. No Owner will be liable to any other Owner or to any insurance company (by way of subrogation or otherwise) insuring another Owner for any loss or damage to any building, structure or tangible personal property of the other occurring in or about the Park, even though such loss or damage might have been occasioned by the negligence of such party, its agents or employees, if such loss or damage is covered by insurance benefiting the party suffering such loss or damage or was required to be covered by insurance under terms of this Agreement. Each Owner will cause each insurance policy obtained by it to contain the waiver of subrogation clause. ARTICLE IV: RESTORATION 4.1 Restoration of Common Areas and the Common Facilities. In the event of any damage or destruction to, or taking by any governmental authority of all or any part of the Common Areas or the Common Facilities, the Operator will restore, repair or rebuild such Common Areas or the Common Facilities with reasonable diligence. Such restoration and repairs must be in accordance with the requirements of this Article 4. To the extent insurance or condemnation proceeds are insufficient to pay for the cost of such work, then all such excess costs and expenses of restoration and repair will be paid by the Owners in accordance with their respective Allocable Shares within thirty (30) days after written notice from the Operator. 4.2 Insurance and Condemnation Proceeds. Each Owner covenants that, unless the terms of the Mortgage on its Lot directs otherwise, all insurance and condemnation proceeds, if any, payable on the account of any damage or destruction to or taking of the Common Areas or the Common Facilities will first be made available to the Operator for the repair and restoration of any such damaged Common Areas or Common Facilities. Subject to the terms of the preceding sentence, any award for damages, whether obtained by agreement prior to or during the time of any court action or by judgment, verdict or order, or by agreement after any such action, resulting from a taking by exercise of the right of eminent domain of all or any portion of an Owner's Lot will belong to the Owner of any Lot so affected. Each Owner will use reasonable efforts to cause any Mortgagee of its Lot to agree to allow insurance and condemnation proceeds to be used to pay for the 3924/060 05/05/17 - 11 - cc&rs 4 tbarke\southcenter corp square cost of repairing and restoring Common Areas or the Common Facilities located on the Lot as provided for in this Agreement. 4.3 Licenses for Reconstruction. From time to time, an Owner may require and is granted a temporary license to use portions of the Common Areas for purposes of: (a) performing maintenance upon and making repairs to and/or making construction alterations, additions and improvements, or raising and replacing the whole or any part of the improvements located on its Lot including the Common Areas located thereon, and (b) obtaining access, ingress and egress to and from the improvements located on its Lot, including the Common Areas located thereon, as the case may be, to carry on such maintenance, repair and construction activities. With respect to all purposes for which a temporary license is needed, within a reasonable time prior to commencement of any such maintenance, repair or construction activities, the Owner desiring to undertake the same will submit to the other Owner whose Lot is affected, for its approval (which approval will not be unreasonably withheld or delayed), a plot plan of the Park on which will be delineated those portions of the Common Areas with respect to which such Owner reasonably requires a temporary license in connection with such repair, maintenance and construction activities, together with a description of and a schedule of the work, and the other Owner will, within ten (10) business days thereafter, notify the requesting Owner whether it approves or disapproves of such use. A failure to notify the requesting Owner in writing of the approval or disapproval thereof within the foregoing ten (10) business day period will constitute approval. If an Owner disapproves of any such use proposed by the other Owner, it must so notify the requesting Owner in writing and then the Owners will promptly meet and, acting in good faith, use their best efforts to resolve their differences. At all times during any Owners' use of the portion of the Common Areas as permitted by this section, such Owner will comply with all applicable requirements of this Agreement and upon cessation of such use will promptly restore the portions of the Common Areas so used to the condition in which the same were prior to the commencement of such use, including the clearing from such area of all loose dirt, debris, equipment and construction materials. Such Owner will also restore, at its cost and expense, any portions of the Park which may be damaged by such activities, promptly upon the occurrence of any such damage, and will at all times during the period of any such activities keep all portions of the Park, except that portion of those improvements upon which such activities are being performed, and except the portions of the Common Areas being utilized by such Owner under this section, free from and unobstructed by any loose dirt, debris, equipment or materials related to such activities. 4.4 Clearing. In the event of damage or destruction to any improvements to a Lot, if the Owner of such Lot elects not to repair, restore or rebuild such improvements that have been damaged or destroyed, then such Owner will demolish such improvements or the part thereof so damaged or destroyed, and all areas not restored to their original 3924/060 05/05/17 - 12 - cc&rs 4 tbarke\southcenter corp square condition will be leveled and cleared. All leveled and cleared areas will be kept weed free and clean at the expense of the Owner until such time as buildings are constructed thereon. ARTICLE V: RESTRICTIVE COVENANTS; USES 5.1 Prohibited Uses. (a) The following operations and uses will not be permitted in the Park: (a) trailer courts or recreation vehicle campground; (b) heavy industrial uses, junkyards, wrecking yards or recycling facilities, including, without limitation, battery and commercial solvent recycling or reclamation facilities; (c) mining, drilling for, or removing oil, gas or other hydrocarbon substances; (d) refining of petroleum, or of its products; (e) commercial excavation of building or construction materials, provided that this prohibition will not be construed to prohibit any excavation necessary in the course of approved construction on a Lot; (f) a storage, treatment or disposal facility for "Hazardous Substances" (defined below), provided that this prohibition will not be construed to prohibit storage or treatment of Hazardous Substances that are normally used in a general business office so long as such storage and treatment is in compliance with Section 5.3 below; (g) dumping, disposal, incineration, or reduction of garbage, sewage, offal, dead animals, Hazardous Substances or other refuse; (h) smelting of iron, tin, zinc or any other ore or ores; (i) automobile, go-cart, motorcycle or quarter -midget race tracks or other vehicle endurance racetracks; (j) wood treating facilities; (k) pesticide formulators; (1) asphalt production; (m) single family or multi -family residential housing; (n) massage parlor, or adult bookstore, video store or arcade or entertainment facility selling, distributing or displaying pornographic materials, or (o) the use or operation of any facility selling, growing, distributing or handling marijuana or cannabis based substances. Notwithstanding the foregoing, each Owner and its Occupants shall be permitted to park commercial vehicles upon such Owner's Lot in connection with the use, operation and occupancy of the Lot. (b) No Owner will use or permit the use of its Lot, or any portion thereof, whether by an Occupant or otherwise: (i) for the conduct of any offensive, noisy or dangerous trade, business, manufacturing activity or occupation inconsistent with the operation of a of a well maintained suburban office/business complex in south King County; (ii) for the maintenance of any legal nuisance or the conduct of any activity which violates public policy, (iii) for any activity which physically and substantially interferes with the business of any other Occupant of the Project except as otherwise permitted under this Agreement, (iv) in violation of any law, ordinance, rule or regulation of any government authority having jurisdiction over the Project or any portion thereof, (v) use of its Lot not compatible with the operation of a of a well maintained suburban office/business complex in south King County, Washington and related parking facilities, including, without limitation, Occupant advertising media which can be heard or 3924/060 05/05/17 - 13 - cc&rs 4 tbarke\southcenter corp square experienced from the exterior of any Building or other improvement from which it emanates, such as search lights, loud speakers, phonographs, radios or televisions. 5.2 Liens and Encumbrances. Each Owner will keep the Common Area free and clear of, and will indemnify, defend and hold the other Owners harmless from, any and all liens and encumbrances arising or growing out of such Owner's acts or omissions, other than a Mortgage on the Owner's own Lot. If any lien is so filed against the Common Areas, the Owner responsible therefor will cause the same to be fully discharged and released of record within thirty (30) days after the filing of the same. Each Owner will have the right to contest in good faith by appropriate legal or administrative proceeding the validity of any prohibited lien, encumbrance or charge so long as (i) the Owner immediately commences its contest of such lien, encumbrance or charge, and continuously pursues the contest in good faith and with due diligence; (ii) foreclosure of the lien, encumbrance or charge is stayed pending the resolution of the contest; and (iii) the Owner pays any judgment rendered for the lien claimant or other third party within ten (10) days after the entry of the judgment. 5.3 Hazardous Substances. No Owner will keep nor permit any of its Occupants, employees, invitees, or contractors or agents to keep any substances designated as, or containing components now or hereafter designated as, hazardous, dangerous, toxic or harmful and/or subject to regulation under any federal, state or local law, regulation or ordinance ("Hazardous Substances") on or about its Lot. Notwithstanding the preceding sentence, an Owner may use, store and dispose of, or may permit others to use, store and dispose of, in, on and from its Lot, materials and supplies otherwise constituting Hazardous Substances that are normally used in the operation or maintenance of commercial real estate or generally used in a general business and/or office, provided such materials and supplies are used, handled, stored and disposed of in accordance with all applicable governmental rules, regulations, laws and requirements, and in accordance with all applicable manufacturers' or suppliers' recommendations. As between the Owners (but not for the purpose of establishing the liability of any Owner to a third party), each Owner will be fully and completely liable to the other Owners for any and all cleanup costs and expenses and any and all other charges, expenses, fees, fines, penalties (both civil and criminal) and costs imposed with respect to the use, disposal, transportation, generation and/or sale of Hazardous Substances, in or about the responsible Owner's Lot, and each Owner will indemnify, defend and hold the other Owners and the Occupants of the other Owners' Lots, harmless from any and all of the costs, fees, penalties, charges and expenses (including reasonable attorneys' fees and costs) assessed against or incurred by such other Owners or their Occupants as a result of the use, disposal, transportation, generation and/or sale of Hazardous Substances on or from the indemnifying Owner's Lot. 5.4 Notification Regarding Hazardous Substance From Governmental Authority. Any Owner that receives a notice, claim, lawsuit, or other correspondence from 3924/060 05/05/17 - 14 - cc&rs 4 tbarke\southcentercorp square any federal, state or other governmental authority relating to the threat, presence or investigation of any "hazardous material" or "hazardous substance" or "pollutant" or "contaminant" on its Lot or any adjacent area, will provide copies of same to all Owners within ten (10) days of receipt. 5.5 Condition of Property. Each Owner will be obligated to maintain its Lot at its own expense in a First Class Condition. ARTICLE VI: CONSTRUCTION OF IMPROVEMENTS 6.1 Required Approvals of Plans Required. (a) All buildings and improvements now or hereafter located on any Lot will be subject to the Development Standards and will be built and maintained in compliance with all applicable laws. In addition, so long as Declarant owns any of the Lots, no improvements will be erected or placed on any Lot and no exterior alterations will be made to existing improvements on a Lot or improvements hereafter erected or placed on a Lot until descriptive plans and specifications have been submitted to and approved in writing by Declarant, which such approval shall not be unreasonably withheld, conditioned or delayed. Approval required by this subsection will apply to and include signs. The descriptive plans and specifications will be submitted in duplicate over the authorized signature of the Owner or Occupant, or both, of the Lot or the authorized agent thereof, to Declarant, as required by this Section 6.1. The plans and specifications must be in a reasonably informative and detailed form, but will in any event include the following to the extent applicable to the improvements: (i) a site development plan of the Lot showing the nature, grading, scheme, kind, shape, composition and location of all structures with respect to the particular Lot (including proposed front, rear and side setback lines); (ii) a landscaping plan for the particular Lot; (iii) a plan for the location of signs and lighting; (iv) general building elevations and plans showing dimensions, materials and the external color scheme; and (v) site drainage plan showing water flows and collection and containment facilities, if any. (b) Material changes (whether at the initiative of the Owner or Occupant or to comply with applicable laws) in plans and specifications previously approved by Declarant must be similarly submitted to and approved by Declarant, as required by this Section 6.1. For purposes of the foregoing, a "material change" means any change that requires the approval of the local governmental jurisdiction or a change in exterior appearance, color or finishes. (c) In addition to the review process set forth in Section 6.1(a), exterior alterations to any Lot must meet the following: (i) no Owner without the consent of the 3924/060 05/05/17 - 15 - cc&rs 4 tbarke\southcenter corp square other Owners may change any of the Common Areas located on its Lot, and (ii) all exterior alterations must be in conformance with the Development Standards. 6.2 Future Development. By acquiring its Lot subject to the terms of this Agreement, each future Owner agrees it will not oppose any future development by any other Owner on a Lot so long as such development is done in accordance with the Development Standards. 6.3 Basis for Approval. Approval of plans and specifications submitted to Declarant under Section 6.1 above will be based upon, among other things, conformity and harmony of external design and placement with neighboring structures and streets, effect of location and use of proposed improvements upon adjacent Lots, and adequacy of screening of mechanical, air conditioning or other rooftop or exterior installations. Disapproval must be specific. Upon disapproval of plans or specifications (or changes thereto) submitted to Declarant, neither the Owner nor the Occupant requesting the approval will take any further action regarding the proposed improvement or alterations to improvements until revising, resubmitting and obtaining the approval of such revised plans and specifications by Declarant. 6.4 Result of Inaction. If Declarant fails to either approve or disapprove plans and specifications submitted to it within fifteen (15) days after the same have been received, the submission will be deemed approved. Notwithstanding any deemed approval of plans and specifications submitted, the Owner or Occupant seeking the approval must comply with the provisions of this Agreement in connection with making any planned Improvements to its Lot. Declarant will notify the Owner and/or Occupant seeking its approval in writing upon receipt of all required plans and specifications, and the aforementioned fifteen (15) day period will commence on the date all required plans and specifications and other information are received by Declarant. Unless within seven (7) days after receiving a submission Declarant notifies in writing the Owner or Occupant requesting its approval of the submission that the plans and specifications and other information are incomplete, the submission will be deemed complete for purposes of this Section 6.4. 6.5 Proceeding with Work. Upon receipt of approval of the descriptive plans and specifications from Declarant, the Owner or Occupant, or both, to whom the same is given, will, as soon as practicable, satisfy any and all conditions of such approval and will diligently proceed with the commencement and completion of all approved excavation, construction, refinishing and alterations. In all cases, work will commence within one (1) year from the date of last approval, and if work is not so commenced approval will be deemed revoked unless Declarant, underwritten request made and received prior to the expiration of the one (1) year period, extends the period of time within which work must be commenced. Any and all excavation, construction, refinishing and alteration work will 3924/060 05/05/17 - 16 - cc&rs 4 tbarke\southcenter corp square proceed only if in conformity with all applicable laws and under valid permits from all necessary governmental authorities. 6.6 Completion of Work. Any improvements commenced under this Agreement will be completed in accordance with approved descriptive plans and specifications within two (2) years from commencement of construction of that Improvement, except that such period may be extended for so long as such completion is delayed due to strike, fire, national emergency, natural disaster or other cause (other than financial) beyond the control of the Owner or Occupant. Declarant may, upon written request received prior to the expiration of the two (2) year period, extend the period of time within which work must be completed. Failure to comply with this Section 6.6 will constitute a breach of this Agreement and subject the party in breach to the enforcement procedures set forth in this Agreement. 6.7 Construction Without Approval. If any improvement or sign will be erected, altered, placed or maintained upon any Lot, or any new use commenced upon any Lot, other than in accordance with the approval by Declarant under the provisions of this Article 6, such alteration, erection, placement, maintenance or use will be deemed to have been undertaken in violation of this Agreement, and upon written notice from Declarant any such improvement so altered, erected, placed, maintained or used upon any Lot in violation of this Agreement will be removed or altered so as to conform to this Agreement. Should such removal, alteration or cessation or amendment of use not be accomplished within thirty (30) days after receipt of such notice, and then the party in breach of this Agreement will be subject to the enforcement procedures set forth in this Agreement. 6.8 Enforcement. Declarant's approval and enforcement of the terms and conditions under this Section and the entire Agreement shall be performed in a nondiscriminatory manner. ARTICLE VII: DEVELOPMENT STANDARDS 7.1 Total Building Area. The total area of all buildings, including any dock areas, within any Lot will not exceed the total area allowed by applicable zoning laws or any recorded binding site plan or map affecting the Park. 7.2 Underground Utilities. Except for easements or utilities existing as of the date of this Agreement, and hoses and the like which are reasonably necessary in connection with normal lawn maintenance, and except as otherwise required by any utility provider, no water pipe, sewer pipe, gas pipe, drainage pipe, telephone, power or television cable, or similar transmission line on the Property shall be installed or maintained above the surface of the ground; provided, however, an Owner shall be permitted to install 3924/060 05/05/17 - 17 - cc&rs 4 tbarke\southcenter corp square underground utilities within its Lot provided that is obtains all necessary permits and complies with the terms and conditions set forth in Section 7.3 below. 7.3 Utility Lines and Rooftop Equipment. No sewer, drainage or utility lines or wires or other devices for the communication or transmission of electric current, power, or signals, including telephone, television, microwave or radio signals, will be constructed, placed or maintained any where in or upon any portion of a Lot other than within buildings or structures or on rooftops, unless the same will be contained in conduits or cables constructed, placed or maintained underground or concealed in or under buildings or other structures. 7.4 Mechanical Equipment. All mechanical equipment, storage tanks, generators, air conditioning equipment and similar items will be screened with landscaping or attractive architectural features integrated into the structure itself which screening will include both acoustic barriers and visual screening appropriate to reduce noise and unsightliness of equipment. So long as Declarant owns any Lot, Declarant must approve all screening. ARTICLE VIII: EASEMENTS 8.1 Ingress and Egress. Subject to the terms and conditions set forth in Section 8.2(a) below, Declarant, as grantor, grants to all present and future Owners, as grantees, for their benefit and the benefit of their respective tenants, contractors, employees, agents, customers, licensees and invitees, and the subtenants, contractors, employees, agents, customers, licensees of such tenants (collectively the "Benefited Parties"), a nonexclusive easement for ingress and egress from the public streets and roadways adjacent to the Park for vehicular and pedestrian traffic over and across the driveways and private roadways located within the Common Area on the grantor's Lot. Nothing in this Agreement is intended to create any reciprocal parking easements among the Lots with respect to the use of the parking areas now or hereafter located on the Lots. 8.2 No Barriers, Etc. Except as set forth in this Section 8.2, no walls, fences or barriers of any kind will be constructed or maintained on any Lot or in the Common Areas or any portion thereof by any Owner. Subject to obtaining the necessary permits from the applicable governing agencies, however, the Owner or Occupant of Lot 2 shall be permitted to install security gates restricting access to or through the west side of its Lot. The type and location of such gates shall be approved by the applicable governing agencies. 3924/060 05/05/17 - 18 - cc&rs 4 tbarke\southcenter corp square 8.3 Utility Lines and Facilities. (a) Declarant, as grantor, grants to all present and future Owners, as grantees, a nonexclusive easement under, through and across the Common Areas located on the Lots for the installation, operation, maintenance, repair and replacement of water drainage systems or structures, water mains, sewers, water sprinkler system lines, telephones, gas mains and other public or private utilities: All such systems, structures, mains, sewers, lines and other facilities must be installed and maintained below the ground level or surface of such easement except for ground mounted electrical transformers and such other facilities as are required to be above ground by the utility providing such service (including temporary service required during the construction, maintenance, repair, replacement, alteration or expansion of any buildings or improvements located in the Park). The installation, operation, maintenance, repair and replacement of such facilities will not unreasonably interfere with the use of the improved Common Areas or with the normal operation of any business conducted on a Lot. The grantee will bear all costs related to the installation, operation, maintenance, repair and replacement of such easement facilities, will repair to the original specifications and damage to the Common Area on a Lot resulting from such use and will provide as -built plans for all such facilities to the Owners of all Lots upon which lines of facilities are located within thirty (30) days after the completion of construction of the same. No Owner will commence any work on the Common Area on any Lot without first obtaining the approval of the Owner of such Lot of plans and specifications for the proposed installations and facilities, which approval will not be unreasonably withheld, delayed or conditioned. (b) At any time and from time to time the Owner of a Lot will have the right to relocate on its Lot any line or facility installed under Section 8.3(a) above provided that any such relocation location will (i) be performed only after sixty (60) days advance written notice of the Owner's intention to undertake the relocation has been given to the Owner of each Lot served by the utility line or facility, (ii) not unreasonably interfere with or diminish utility service to the Lot served by the utility line or facility, (iii) not reduce or unreasonably impair the usefulness or function of the utility line or facility, (iv) be performed without cost or expense to any other Owner or Occupant of any Lot served by the utility line or facility, and (v) provide for the original and relocated area to be restored to the original specifications. The Owner performing such relocation will provide as -built plans for such relocated utility lines or facilities to the Owners of all Lots served by such utility lines and facilities within thirty (30) days after the completion of the relocation. (c) Any work proposed to be undertaken by an Owner under this Section 8.3 must be scheduled in advance with any other Owners who will be affected by the work. 3924/060 05/05/17 - 19 - cc&rs 4 tbarke\southcenter corp square 8.4 Conduits. Declarant, as grantor, grants to all present and future Owners and their tenants, as grantees, a nonexclusive easement under, through and across the Lots for the operation, maintenance, repair and replacement of the existing telecommunications and fiber optic cable conduits presently located in the Park. The operation, maintenance, repair and replacement of such conduits will not unreasonably interfere with the use of the normal operation of any business conducted on a Lot. 8.5 Intentionally Deleted. 8.6 Common Facilities. Declarant, as grantor, grants to all present and future Owners and their tenants, as grantees, a nonexclusive easement over the Property for the purpose of using the Common Areas and the Common Facilities located on the Lots. Access to the Common Facilities will be subject to such reasonable security systems and procedures as may be in effect from time to time. 8.7 Telecommunications Demarcation Facility. Declarant, as grantor, grants to all present and future Owners and their tenants, as grantees, a nonexclusive easement for access to the main telecommunications demarcation facility for the Park located in the building currently known as Building 1 in Southcenter Corporate Square in Tukwila, Washington. In the event of the damage or destruction of such Building, if the Owner of such building elects to repair and restore such building, it also will repair and restore the main telecommunications demarcation facility to its condition immediately prior to the damage or destruction. Access to the telecommunications switching facility will be subject to such reasonable policies and procedures as the Owner of such building may implement from time to time. 8.8 Termination of Easements. Any easement granted under this Article 8 may be terminated by execution of an agreement so terminating the same, by the Owners of the Lots benefited thereby. ARTICLE IX: MORTGAGEES 9.1 Consent of Current Mortgagee. Wells Fargo Bank, National Association ("Lender") is the present beneficiary of a Deed of Trust encumbering the Property, recorded in the real property records of King County, Washington (the "Lender's Deed of Trust"). By executing this Agreement in the space below, Lender consents to this Agreement and agrees the Lender's Deed of Trust will be subordinate to this Agreement, except as provided in Sections 9.1, 9.2 or 9.4 of this Agreement or as otherwise provided in this Agreement. This Agreement will not in any way amend, modify, waive or otherwise affect the Lender's Deed of Trust or related loan documents, nor Lender's rights thereunder. This Agreement may not be amended, including without limitation any 3924/060 05/05/17 - 20 - cc&rs 4 tbarke\southcentercorp square termination of an easement under Section 8.6, without the prior written consent of all Mortgagees. 9.2 Breach will not Defeat Mortgage. Notwithstanding the subordination of any Mortgage to this Agreement or that a lien arising under this Agreement may be prior to the lien of a Mortgage, neither the breach of any of the terms, conditions, covenants or restrictions of this Agreement, nor the Foreclosure of or pursuit of any remedy with respect to any lien arising under this Agreement, will affect, defeat or render invalid the lien or terms of any Mortgage, but (except as otherwise provided in this Agreement) such term, condition, covenant or restriction will be binding upon and effective upon any person (including any Mortgagee) who acquires title to such property affected by the lien of a Mortgage or any portion thereof, whether by foreclosure, trustee's sale, suit or by transfer in lieu of foreclosure or other method (such process being referred to as "Foreclosure"). 9.3 Mortgagee Notice. The Mortgagee under any Mortgage affecting a Lot will be entitled to receive notice of any default under this Agreement by the Owner whose Lot is encumbered by such Mortgage, provided that such Mortgagee delivers a copy of a notice in the form hereinafter contained to each Owner. The form of such notice will be substantially as follows: The undersigned, whose address is certifies that it is a Mortgagee, as defined in that certain Common Area Cost Sharing Agreement and Covenants, Conditions and Restrictions for Southcenter Corporate Square, of Lot of Southcenter Corporate Square, a legal description attached hereto as Exhibit A and made a part hereof. If any notice of default will be given to the Owner of such Lot, a copy will be delivered to the undersigned who will have all rights of such Owner to cure such default. Failure to deliver a copy of such notice to the undersigned will in no way affect the validity of the notice of default as it respects such Owner, but will make the same invalid as it respects the interest of the undersigned and its Mortgage upon such Lot. So long as the Lender's Deed of Trust encumbers any Lot, provided that Declarant or Lender has provided each party with Lender's notice address, Lender will be entitled to receive notice of any default under this Agreement by the party sending such notice. Any notice given to a Mortgagee (including Lender) will be given in the same manner as provided in Section 11.5 below. Each Owner agrees that if an Owner has failed to cure such default within the time provided for in this Agreement, then Mortgagee will have the right, but not the obligation, to cure such default for a reasonable time (but in no event less than 30 days), or if such default cannot be cured within such reasonable time, then such additional time as may be necessary to cure such default, provided Mortgagee has commenced and is diligently pursuing the remedies necessary to cure such default, in 3924/060 05/05/17 - 21 - cc&rs 4 tbarke\southcenter corp square which event the rights of the Owner will not be foreclosed, forfeited or adversely affected by virtue of the pursuit of any remedy arising under this Agreement during such reasonable time or while such remedies are being so diligently pursued. Nothing in this Section will impose any duty on any Mortgagee to cure any default. 9.4 Mortgagee's Title. A Mortgagee, its designee or nominee, or other person that acquires title to such Lot (other than the Owner) through Foreclosure will acquire title to the encumbered Lot free and clear of any lien or claim authorized by or arising out of the provisions of this Agreement, insofar as such lien secures, or such claim is for, the payment of any assessment, charge or other amount relating to events prior to the final conclusion of any such Foreclosure proceeding, including the expiration date of any period of redemption, but subject to all the terms, covenants, conditions, restrictions of this Agreement. After any such Foreclosure, any unpaid assessments, charge or other amount relating to events prior to the final conclusion of such Foreclosure will continue to exist and remain a personal obligation of the former Owner against whose Lot the same was levied. Any liens authorized, provided for in, or arising out of the provisions of this Agreement will be subject and subordinate to the lien of any Mortgage upon a Lot (provided the Mortgagee is a third party and the Mortgage was given to secure a good faith obligation of the Owner whose Lot is encumbered). The sale or transfer of any Lot or any interest therein will not affect the liens provided for in this Agreement except as otherwise specifically provided for in this Agreement, except that any Foreclosure of Lender's Deed of Trust will foreclose and discharge all such liens arising under this Agreement against all Lots encumbered by the Lender's Deed of Trust for any assessment, charge or other amount relating to events prior the final conclusion of such Foreclosure, including the expiration date of any period of redemption. In the event of a conflict between this Agreement and a Mortgage, the Mortgage will control. ARTICLE X: ENFORCEMENT 10.1 Right to Enforce. Subject to Section 10.2 below, any Owner will have the right to enforce, by any appropriate proceeding at law or in equity, all covenants, conditions, restrictions, reservations, liens and charges now or hereafter imposed by the provisions of this Agreement. Failure or forbearance by any person or entity so entitled to enforce the provisions of this Agreement to pursue enforcement will in no event be deemed a waiver of the right to do so thereafter. 10.2 Binding Arbitration. Except as provided below in this Section 10.2, all disputes among the Owners relating to this Agreement will be settled by binding arbitration if requested by Declarant or any other party to the dispute. Unless otherwise agreed in writing by the parties to the dispute, the arbitration proceeding will be held in Washington State in accordance with the commercial arbitration rules of the American Arbitration Association, and the arbitration will be convened in Seattle, Washington. 3924/060 05/05/17 - 22 - cc&rs 4 tbarke\southcenter corp square Unless otherwise agreed in writing by the parties there will be one arbitrator who will decide whether an issue is arbitrable and whether any claim is barred by a statute of limitation. Judgment on any arbitration award may be entered in any court having jurisdiction. Commencement of a lawsuit will not constitute a waiver of the right of any party to request arbitration if the lawsuit is contested. The arbitrator will be paid by both parties, provided, the arbitrator will have the power to award the prevailing party with its costs and expenses (including reasonable attorneys' fees and costs and reasonable travel and other related costs and expenses). Notwithstanding any of the foregoing, any party to the dispute will have the right, during and after the commencement of any arbitration proceeding, to exercise any of the following remedies, in any order or concurrently: (i) self-help remedies provided for in this Agreement; (ii) judicial foreclosure of any lien provided for in this Agreement; and (iii) equitable remedies such as seeking an injunction of any actual or alleged violation of any of the provisions of this Agreement or seeking specific performance of any provision of this Agreement. The exercise of any such remedies will not waive the parties' right to later request arbitration. 10.3 Effect of Non -Payment. If any payment of any assessment or charge due from an Owner under this Agreement is not made in full within thirty (30) days after it was first due and payable, the unpaid amounts will constitute a lien attaching as of the end of such thirty (30) day period in favor of the Operator against the Lot owned by such Owner and will bear interest from such due date at a rate not to exceed the greater of (a) twelve percent (12%) per annum, or (b) the highest rate then permitted by law. By acceptance of a deed to a Lot, execution of a real estate contract for the purchase of a Lot, or any other means of acquisition of an ownership interest, and whether or not it will be so expressed in any such deed or other instrument, each Owner will be deemed to grant thereby to the Operator, the right and power to bring all actions against such Owner for the collection of such assessments as a debt, together with reasonable attorneys' fees related thereto and to enforce the liens created by this Agreement by foreclosure of the continuing liens in the same form of action as is then provided for the foreclosure of a Mortgage on real property under applicable law; provided that in any Foreclosure of a lien created by or pursuit of any remedy arising under this Agreement, no Occupant of any portion of the Park will be named as a party to the action, nor will any other action be taken which would terminate any such occupancy without the prior written consent of all affected Mortgagees. 10.4 Remedies Cumulative. Except as otherwise provided in Section 10.2 above, the remedies provided for in this Agreement will not be exclusive and are in addition to all other remedies available at law or in equity. The obligations of the Owners and Occupants under this Agreement are unique and any remedy at law (such as damages) is inadequate. In the event of a breach or violation or an attempted breach or violation of this Agreement, except as otherwise provided in Section 10.2 above, the party seeking to enforce this Agreement will be entitled to an injunction or specific performance, in addition to any other rights, remedies and awards available under this Agreement, at law or in equity. 3924/060 05/05/17 - 23 - cc&rs 4 tbarke\southcenter corp square ARTICLE XI: GENERAL PROVISIONS 11.1 Non -Waiver. No waiver of any breach of this Agreement will constitute a waiver of any other breach, whether of the same or any other covenant, condition or restriction. 11.2 Attorneys' Fees. In the event of a suit, arbitration or other action or legal proceeding to enforce any provision of this Agreement or to collect any money due under this Agreement or to foreclose a lien, the unsuccessful party (including the Operator) in such suit or action will pay to the substantially prevailing party all costs and expenses, including title reports and all attorneys' fees that the substantially prevailing party has incurred in connection with the suit or action (including without limitation proceedings in bankruptcy court), in such amounts as the court may deem to be reasonable therein, and also including all costs, expenses and attorneys' fees incurred in connection with any appeal from the decision of a trial court or any intermediate appellate court. 11.3 Interpretation. The captions of the various articles and sections of this Agreement are for convenience of use and reference only and do not define, limit, augment or describe the scope, content or intent of this Agreement or any parts of this Agreement. The neuter gender includes the feminine and masculine, the masculine includes the feminine and neuter, and the feminine includes the masculine and neuter, and each includes a legal entity when the context so requires. The singular includes the plural whenever the context so requires. 11.4 Severability. Invalidation of any one of these covenants, conditions, restrictions, easements or provisions by judgment or court order will in no way affect any other of the same, all of which will remain in full force and effect. 11.5 Notices. All notices, demands or other communications ("Notices") required or otherwise given under this Agreement must be in writing. Notices given by mail will be sent postage prepaid by certified or registered U.S. mail, return receipt requested, and will be deemed given three (3) business days after the date of mailing thereof, or on the date of actual receipt, if sooner. Notices will be addressed to the last known address of the addressees. Notice to any Owner may be given at any Lot owned by such Owner; provided, however, that an Owner may from time to time by Notice to Operator designate such other place or places or individuals for the receipt of future Notices. If there is more than one Owner of a Lot, Notice to any one such Owner will be sufficient. Notices to the Operator shall be given at the following addresses; provided, however, that the Operator may from time to time by Notice to the Owners designate such other place or places or individuals for the receipt of future Notices: 3924/060 05/05/17 - 24 - cc&rs 4 tbarke\southcenter corp square Southcenter Corporate Square, LLC c/o Pinnacle Commercial 635 Andover Park West, Suite 107 Tukwila, WA 98188 Attention: Tamara K. Maloney, CPM And to: Pacific Realty Advisors LLC 411 University Street, Suite 1200 Seattle, WA 98101 Attention: Jack Rader 11.6 Computation of Time. Unless otherwise specified, the word "day" means a calendar day, and the computation of time under this Agreement will include all Saturdays, Sundays and holidays for purposes of determining time periods specified in this Agreement. The term "business day" means any day other than a Saturday, Sunday or other day on which United States national banks are authorized or required by law to close. 11.7 No Public Right or Dedication. Nothing contained in this Agreement will be deemed to be a gift or dedication of all or any part of the Park to the public, or for any public use, except as may be specifically set forth on any recorded final plat or subdivision map. 11.8 Applicable Law. This Agreement will be construed in all respects in accordance with the laws of the State of Washington. 11.9 Covenants Running with the Land. The covenants, conditions, restrictions, liens, easements, enjoyment rights and other provisions contained in this Agreement are intended to and will run with the land and will be binding upon all persons purchasing, leasing, subleasing or otherwise occupying any portion of the Park, their heirs, executors, administrators, successors, grantees and assigns. All instruments granting or conveying any interest in any Lot and all leases or subleases will refer to this Agreement and will recite that it is subject to the terms hereof as if fully set forth therein; provided, however, all terms and provisions of this Agreement are binding upon all successors in interest despite an absence of reference thereto in the instrument of conveyance, lease or sublease. 11.10 Release from Liability. Any Owner will be bound by this Agreement only during the period such person is an Owner, except as to obligations, liabilities or responsibilities that accrue during the period. 3924/060 05/05/17 - 25 - cc&rs 4 tbarke\southcenter corp square 11.11 Not a Partnership. This Agreement is not intended to create, nor will it in any way be interpreted or construed to create, a joint venture, partnership or other such relationship among the Owners. Further, this Agreement is not intended to create, nor will it in any way be interpreted or construed to create, any third party beneficiary rights in any person or entity, other than the Owners, unless otherwise expressly provided for in this Agreement. 11.12 Amendments. This Agreement may only be amended by a written instrument executed by all of the Owners with at least eighty percent (80%) of the total Allocable Shares, and agreed by Mortgagees under any Mortgage affecting a Lot. Amendments to this Agreement will take effect upon the recording thereof in the real property records of King County, Washington. 11.13 Exercise of Rights; Performance of Obligations. Each Owner and Operator, in exercising its rights or performing its obligations under this Agreement, will do so in a manner which minimizes any interference with the business activities of the lawful occupants of the Park. DATED as of the day and year first above written. DECLARANT: SOUTHCENTER CORPORATE SQUARE, LLC, a Delaware limited liability company By: PCCP CS Southcenter Corporate Square, LLC, a Delaware limited liability company, its Managing Member By: PacificCal II, LLC, a Delaware limited liability company, its Sole Member By: PacificCal, LLC, a Delaware limited liability company, its Sole Member By: PCCP CS Holdings, LLC, a Delaware limited liability company, its Managing Member By: Name: Its: 3924/060 05/05/17 - 26 - cc&rs 4 tbarke\southcenter corp square STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this day of May, 2017, before me, the undersigned, a Notary Public in and for the State of Washington duly commissioned and sworn personally appeared , known to me to be the Manager of PCCP CS HOLDINGS, LLC, the Managing Member of PACIFICCAL, LLC, the Sole Member of PACIFICCAL II, LLC, the Sole Member of PCCP CS SOUTHCENTER CORPORATE SQUARE, LLC, the Managing Member of SOUTHCENTER CORPORATE SQUARE, LLC, a Delaware limited liability company, the company that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said company, for the purposes therein mentioned, and on oath stated that she/he was authorized to execute said instrument. I certify that I know or have satisfactory evidence that the person appearing before me and making this acknowledgment is the person whose true signature appears on this document. WITNESS my hand and official seal hereto affixed the day and year in the certificate above written. Signature Print Name NOTARY PUBLIC in and for the State of Washington, residing at My commission expires 3924/060 05/05/17 - 27 - cc&rs 4 tbarke\southcenter corp square EXHIBITS: Exhibit A: Exhibit B: Exhibit C: Legal Description of Property Allocable Shares Location of Common Area Drive Aisles 3924/060 05/05/17 - 28 - cc&rs 4 tbarke\southcenter corp square CONSENT BY LENDER: WELLS FARGO BANK, NATIONAL ASSOCIATION By Name Title STATE OF COUNTY OF ) ss. On this day of , 2017, before me, the undersigned, a Notary Public in and for the State of , duly commissioned and sworn personally appeared , known to me to be the of WELLS FARGO BANK, NATIONAL ASSOCIATION, the national banking association that executed the foregoing instrument, and acknowledged the instrument to be the free and voluntary act and deed of the bank, for the purposes therein mentioned, and on oath stated that he/she was authorized to execute the instrument. I certify that I know or have satisfactory evidence that the person appearing before me and making this acknowledgment is the person whose true signature appears on this document. WITNESS my hand and official seal hereto affixed the day and year in the certificate above written. Signature Print Name NOTARY PUBLIC in and for the State of , residing at My commission expires 3924/060 05/05/17 - 29 - cc&rs 4 tbarke\southcenter corp square EXHIBIT A LEGAL DESCRIPTION OF LAND PARCEL ONE (FEE): LOTS 3 AND 4, CITY OF TUKWILA SHORT PLAT NUMBER L97-0049 (SOUTHCENTER CORPORATE SQUARE), ACCORDING TO THE SHORT PLAT RECORDED UNDER RECORDING NUMBER 9711069009, RECORDS OF KING COUNTY, WASHINGTON; EXCEPT RAILROAD TRACKAGE AND APPURTENANCES AS RESERVED BY UNION PACIFIC RAILROAD COMPANY, AS DISCLOSED BY DEED RECORDED UNDER RECORDING NO. 7607070502. PARCEL TWO: PRIVATE UTILITY EASEMENTS FOR THE BENEFIT OF PARCEL ONE ABOVE, OVER LOT 2 OF CITY OF TUKWILA SHORT PLAT NUMBER L97-0049 (SOUTHCENTER CORPORATE SQUARE), ACCORDING TO THE SHORT PLAT RECORDED UNDER RECORDING NUMBER 9711069009, RECORDS OF KING COUNTY, WASHINGTON; PARCEL THREE: INGRESS, EGRESS, PARKING AND ACCESS EASEMENTS FOR THE BENEFIT OF PARCEL ONE ABOVE, OVER LOT 2 OF CITY OF TUKWILA SHORT PLAT NUMBER L97-0049 (SOUTHCENTER CORPORATE SQUARE), ACCORDING TO THE SHORT PLAT RECORDED UNDER RECORDING NUMBER 9711069009, RECORDS OF KING COUNTY, WASHINGTON. 3924/060 05/05/17 - 30 - cc&rs 4 tbarke\southcenter corp square EXHIBIT B ALLOCABLE SHARES Buildings Allocable Share Buildings 1 — 9 and 11 91.77% Building 10 8.23% 3924/060 05/05/17 - 31 - cc&rs 4 tbarke\southcenter corp square EXHIBIT C LOCATION OF COMMON AREA DRIVE AISLES (See attached page) 3924/060 05/05/17 - 32 - cc&rs 4 tbarke\southcenter corp square 1 IILIILU I I I uKwua aalr ano aemoiouuaing permits - Jaimie rteavis Tukwila BSIP and demo, Juilding permits Jaimie Reavis Tue 5/2/2017 4:10 PM To:John Schofield <jfschofield@comcast.net>; John, This email is to give you an update on our review of the two permits that are under review for the Southcenter Corporate Square/Culinex, as well as some background on the Binding Site Improvement Plan (BSIP), timeline, and how it relates to the demo/building permit. L17-0005 Binding Site Improvement Plan (BSIP) D17-0093 Building Permit for removal of covered walkway and construction of fireproof egress walls. 1. Four departments review both your permits. These include Building, Fire, Public Works, and Planning. Once all departments have finished their review, I compile the corrections into one letter to send to you, OR we are ready to issue preliminary approval. To give you an update on the BSIP: Building (KC Ellis) approved their portion of the BSIP review on 4/25/2017. The FINAL approval of the BSIP will happen when our Building Official initials the final copy of the drawings. Fire (Don Tomaso) has completed their review of the BSIP and is requiring corrections. Public Works (Joanna Spencer) is still reviewing the application. She is working to get me her comments as soon as possible. Planning (Jaimie Reavis) is still reviewing the application. I'm working to get you comments, and the correction letter, as soon as possible. 2. Once we send you the correction letter, changes will need to be made to the survey (the drawings showing the location of the new property lines). We also may need additional information, such as submittal of a bond for work under permit D17-0093 and maintenance agreements for shared facilities/infrastructure like parking, landscaping, utilities, etc. 3. You'll resubmit materials for the BSIP based on our correction letter. This should include a signed, notarized copy of the survey drawings with all corrections included. 4. We will sign the final notarized copy of the BSIP if all corrections have been made per our correction letter and the survey drawings contain all the needed information in a format that meets the requirements of the King County Recorder's Office. 5. The applicant takes the BSIP in to the King County Recorder's Office to be recorded. 6. The applicant provides a copy of the recorded survey to the City of Tukwila. TIMELINE Below is a timeline of the project to date: City of Tukwila received the BSIP application (L17-0005) -- Jan. 13. 2017 https://outlook.office365.com/owa/?viewmodel=ReadMessageltem&ItemID=AAMkADcwOTdiODIILTVIMjEtNDQwMi04MIjJmLW USYzBkNjVhZDIOYwBG... 1/2 11/27/2017 Tukwila BSIP and demo/building permits - Jaimie Reavis Application found to be incomple_ , letter sent to Mr. Jack Rader -- Feb. 8, 17 Submittal of demo/building permit D17-0093 (in response to Building Division comment on incompleteness letter -- March 14, 2017 Resubmittal of BSIP materials to Tukwila in response to incompleteness letter (including title report and CC&Rs, but no drawings to show removal of covered walkway) - March 21, 2017 Revised BSIP drawings (in response to incompleteness letter from Feb) forwarded to Tukwila - April 27, 2017 Correction letter to demo/building permit sent to John Schofield --April 28, 2017 Revision to D17-0093 Correction Letter #1 received from John Schofield --April 28, 2017 We understand your urgency in getting the BSIP recorded and we're working to finish our review to keep this moving forward. Thank you, Jaimie Reavis Senior Planner (City of Tukwila 6300 Southcenter Blvd, Suite 1001Tukwila, WA 98188 ph: (206) 431-3659 Jaimie.ReavisPTukwilaWA.gov I www.tukwilawa.gov The City of opportunity, the community of choice. https://outlook.office365.com/owa/?viewmodel=ReadMessageltem&ItemID=AAMkADcwOTdiODIILTVIMjEtNDQwMi04MjJmLW USYzBkNjVhZDIOYwBG... 2/2 City of Tukwila Allan Ekberg, Mayor Department of Community Development - Jack Pace, Director NOTICE OF COMPLETE APPLICATION April 10, 2017 Mr. Jack Rader Pacific Realty Advisors, LLC 411 University Street, Suite 1200 Seattle, WA 98101 RE: Southcenter Corporate Square LLC (Project File #PL17-0003) L17-0005 Binding Site Improvement Plan Dear Mr. Rader: Your application fora Binding Site Improvement Plan was considered complete on April 3, 2017 for the purposes of meeting state mandated time requirements. This determination of complete application does not preclude the ability of the City to require that you submit additional plans or information, if in our estimation such information is necessary to ensure the project meets the substantive requirements of the City or to complete the review process. This notice of complete application applies only to the permits identified above. It is your responsibility to apply for and obtain all necessary permits issued by other agencies. Please feel free to contact me with any questions at (206) 431-3659. Sincerely, 0tfel(A^A4v6-- Jaimie Reavis Senior Planner cc. PL17-0003 (Land Use Project File) Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov City of Tukwila Allan Ekberg, Mayor Department of Community Development - Jack Pace, Director NOTICE OF INCOMPLETE APPLICATION February 8, 2017 Mr. Jack Rader Pacific Realty Advisors, LLC 411 University Street, Suite 1200 Seattle, WA 98101 RE: Southcenter Corporate Square LLC (Project File #PL17-0003) L17-0005 Binding Site Improvement Plan Dear Mr. Rader: Your application for a Binding Site Improvement Plan located at 360 Corporate Drive North has been found to be incomplete. In order to be a complete application, the following must be submitted to the permit center: a. A Title Report which includes all known easements and encumbrances, dated within 45 days of the date this application was submitted. b. Draft easements and maintenance agreements for shared facilities, including but not limited to circulation, parking, utilities, and landscaping. These can be included on and recorded with the survey, or provided as separate documents, but it's important to include a description of the facilities that will need to be shared and who is responsible for maintenance, and by what portion. If some of these items are covered under the CC&Rs, please state which and include a copy of the CC&Rs and any amendments that have been made with your resubmittal. Upon receipt of these items, the City will re -review them for completeness and will mail you written notification of completeness or incompleteness within 14 days. We have started our review and have received the following comment back from the Building Division: 1. Provide a minimum of 10 feet of clearance between building exterior walls and property lines. Comments from other departments will be compiled once we receive the items needed for completeness. You may revise plans to address the Building Division's comment above and resubmit them with the completeness items, or wait until you receive a comment letter based on review of the first set of plans. Please let me know how you would like to proceed. This application will expire if we do not receive the additional information within ninety days of the date of this letter unless an extension is granted pursuant to the Permit Application Types and Procedures Section of the Municipal Code. (TMC 18.104.070(E).) Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov Southcenter Corporate Square February 8, 2017 Page 2 If you have any questions with this matter you may contact me at (206) 431-3659 orJaimie.Reavis@TukwilaWA.gov. Sincerely, mie Reavis Senior Planner Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov RECEIVED APR 10 2017 TUKWILA City of Tukwila PUBLIC WORKS Department of Community Development FILE NUMBER L17-0005 (PL17-0003) Land Use Routing form for Revisions TO: ❑ Building ❑ Fire Dept. ❑ Police Dept [Parks/Rec. Public Works: (please list the name) Joanna Spencer Project: Southcenter Corporate Square LLC Binding Site Improvement Plan Address: 360 Corporate Dr. N Date transmitted: April 10, 2017 Response requested by: April 24, 2017 Planner: Jaimie Reavis Date response received: COMMENTS Received copy of title report and CC&Rs in response to incompleteness letter. Covve ti o ram' Sek_7v Cr C ❑ DRC review requested ❑ Plan submittal requested ❑ Plan approved Plan check date: 0S I 0 g Comments prepared by: `��� 0400 TO: City of Tukwila Department of Community Development File Number L17-0005 LAND USE PERMIT ROUTING FORM Building [Planning Public Works [Fire Dept. ri Police Dept. Parks/Rec Project: Southcenter Corporate Square LLC Address: 360 Corporate Drive Date 1 /27/16 transmitted: Response requested by: 2/10/16 Staff coordinator: Jaimie Reavis Date response received: REVIEWERS: Please specify how the attached plans conflict with your ADOPTED development regulations, including citations. Be specific in describing the types of changes you want made to the plans. When referencing codes, please identify the actual requirement and plan change needed. The Planning Division review does not supplant each department's ability to administer its own regulations and permits. However, project consistency at the Planning review stage is important to minimize significant later design changes. More than minimal design changes require further Planning Commission review, even if alteration is required to satisfy a City requirement. This further review is typically a minimum 60-day process. Requirements based on SEPA (e.g., not required by an adopted development regulation) MUST identify the impact being mitigated, the policy basis for requiring mitigation, and the method used to calculate the mitigation required. Calculations of project impacts and the mitigation required (e.g., water capacity, road level of service analyses, or turning analyses) may be required of the applicant. COMMENTS (Attach additional comment sheets and/or support materials as needed.) 'OWI'de litA-(tkt f /0 ( c( -at- c.e loe hJ lotti(dry 0 • _\ (or JC(((S atq pirtyvii-y l r 6' Plan check date: Comments Update date: (-30 1 7 ,� / I prepared by: `tz CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT RECEIVED CITY OF TUKWILA JAN 13 2017 PERMIT CENTER CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California` County of bail t ranosw On jawarq 11 1.DI* before me, White l Ann Allen, Ngtoeti Public l Date Hef.e Insert Name and TWO& the Officer personally appeared Aaron A. hiovara Name f,4 of Signer( who proved to me on the basis of satisfactory evidence to be the person0 whose name is/a subscribed to the within instrument and acknowledged to me that he/she/tIA executed the same in his/h /thja(r authorized capacity(ii$, and that by his/Ij /tlyai'r signatureJ,a'f on the instrument the person$' or the entity upon behalf of which the person'acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. z z WHITNEY ANN ALLEN Notary Public - California San Francisco County Commission # 2150586 I. My Comm. Expires Apr 26, 2020 Place Notary Seal Above WITNESS my hand and,pfficial seal. Signaturel�C.-1 OPTIONAL ure of Notary Public Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Signer(s) Other Than Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Document Date: Named Above: Signer's Name: ❑ Corporate Officer — Title(s): ❑I Partner — ❑ Limited ❑ General ❑ Individual [=1 Attorney in Fact ❑ Trustee ❑ Guardian or Conservator Other: Signer Is Representing: ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of"--e---6t-e---( On �/�2c--('' t o�/7 before mee ��i - Date personally appeared 1. -� g e.„„c-- fg Here Insert Name and Title of the Officer Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Place • tary Seal Above Though this section is op I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. OPTIONAL Signature of Notary Public al, completing this information can deter alteration of the document or fraudulent rea Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than . med Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): 0 Partner — ❑ Limited 0 General 0 Individual ❑ Attorney in Fact 0 Trustee 0 Guardian or Conservator ❑ Other: Signer Is Representing: hment of this form to an unintended document. Signer's . me: 0 Corporate officer —. Title(s): ❑ Partner — ■ ited 0 General ❑ Individual ttorney in Fact ❑ Trustee 0 G : dian or Conservator ❑ Other: Signer Is Representing: G'.�✓. 4\✓4✓,�✓<2,44\✓4\✓4\e%4�4\✓4LV.4\.4`✓4�.4\y4\✓.4 b4\✓.A✓.G\:: \:.4\✓.G�: ?:G /.\✓G\✓4 ✓G\dG\U,G d4� :\'�.G\✓� `'�4' ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item 907 Fidelity National Title Insurance Company COMMERCIAL SERVICES 600 University St., Suite 2424 Seattle, WA 98101 Phone: 206-262-6291 Email: marc.wise(afnf.com COMMITMENT FOR 'l_'IZ'LE INSURANCE Issued by Fidelity National Title Company of Washington, Inc. as Agent for Fidelity National Title Insurance Company Fidelity National Title Company of Washington, Inc. as agent for Fidelity National Title Insurance Company, a California corporation ("Company"), for a valuable consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements; all subject to the provisions of Schedules A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this Commitment shall cease and terminate 6 months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue the policy or policies is not the fault of the Company. The Company will provide a sample of the policy form upon request. IN WITNESS WHEREOF, Fidelity National Title Company of Washington, Inc. as agent for Fidelity National Title Insurance Company has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A. Countersigned by: Mar t ise, Commercial Title Officer erryWise, Chi f Commercial Title Officer Authorized Signature 27C101 (6/06) ey Randy OwF. President Attest rArchael Grarelle Secretary ALTA Commitment — 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMEKICAN LANI> TIT IT ASSOCIATION Fidelity National Title of Washington, Inc. Name and Address of Title Insurance Company: SCHEDULE A Fidelity National Title of Washington, Inc. 600 University St., Suite 2424 Seattle, WA 98101 Title Officer: Marc Wise Escrow No.: 20374430-410-KA6 1. Effective Date: January 19, 2017 at 8:00 A.M. 2. Policy or Policies to be issued: ALTA 2006 Standard Owner's Policy Commercial Sale Rate Proposed Insured: Culinex, LLC, a Washington limited liability company Amount: $3,755,000.00 Premium: $5,719.00 Tax: $ 549.02 Total: $6,268.02 3. The estate or interest in the land described or referred to in this Commitment is: A FEE 4. Title to the FEE SIMPLE estate or interest in the land is at the Effective Date vested in: Southcenter Corporate Square, LLC, a Delaware limited liability company 5. The land referred to in this Commitment is described as follows: See Exhibit A attached hereto and made a part hereof. 27C101A (6/06) 1 ALTA Commitment — 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAND TITLE ASSOCIATION File No.: 20374430-410-KA6 EXHIBTT A LEGAL DESCRIPTION LOT 4 OF CITY OF TUKWILA SHORT PLAT NO. L97-0049 (SOUTHCENTER CORPORATE SQUARE) AS RECORDED UNDER RECORDING NO. 9711069009, RECORDS OF KING COUNTY WASHINGTON; EXCEPT RAILROAD TRACKAGE AND APPURTENANCES AS RESERVED BY UNION PACIFIC RAILROAD COMPANY, AS DISCLOSED BY DEED RECORDED UNDER RECORDING NO. 7607070502; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. PARCEL MAP 27C101A (6/06) 2 ALTA Commitment — 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA AMERICAN members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land LAND TITI. Title Association. ""°`IATID" File No.: 20374430-410-KA6 SCHEDULE B - SECTION I REQUIREMENTS 1. INSTRUMENTS NECESSARY TO CREA I THE ESTATE OR INTEREST MUST BE PROPERLY EXECUTED, DELIVERED AND DULY FILED FOR THE RECORD. 2. PAYMENT TO OR FOR THE ACCOUNT OF THE GRANTORS OR MORTGAGORS OF THE FULL CONSIDERATION FOR THE ESTATE OR INTEREST TO BE INSURED. SCHEDULE B OF THIS POLICY OR POLICIES TO BE ISSUED WILL CONTAIN EXCEPTIONS TO THE FOLLOWING MATTERS UNLESS THE SAME ARE DISPOSED OF TO THE SATISFACTION OF THE COMPANY. GENERAL EXCEPTIONS A. RIGHTS OR CLAIMS OF PARTIES IN POSSESSION, OR CLAIMING POSSESSION, NOT SHOWN BY THE PUBLIC RECORDS. B. ANY ENCROACHMENT, ENCUMBRANCE, VIOLATION, VARIATION, OR ADVERSE CIRCUMSTANCE AFFECTING THE TITLE THAT WOULD BE DISCLOSED BY AN ACCURATE AND COMPLETE LAND SURVEY OF THE LAND. C. EASEMENTS, PRESCRIPTIVE RIGHTS, RIGHTS -OF -WAY, LIENS OR ENCUMBRANCES, OR CLAIMS THEREOF, NOT SHOWN BY THE PUBLIC RECORDS. D. ANY LIEN, OR RIGHT TO A LIEN, FOR CONTRIBUTIONS TO EMPLOYEE BENEFIT FUNDS, OR FOR THE STATE WORKERS' COMPENSATION, OR FOR SERVICES, LABOR, OR MATERIAL HERETOFORE OR HEREAFTER FURNISHED, ALL AS IMPOSED BY LAW, AND NOT SHOWN BY THE PUBLIC RECORDS. E. TAXES OR SPECIAL ASSESSMENTS WHICH ARE NOT YET PAYABLE OR WHICH ARE SHOWN AS EXISTING LIENS BY THE PUBLIC RECORDS. F. ANY LIEN FOR SERVICE, INSTALLATION, CONNECTION, MAINTENANCE, TAP, CAPACITY, OR CONSTRUCTION OR SIMILAR CHARGES FOR SEWER, WATER, ELECTRICITY, NATURAL GAS OR OTHER UTILITIES, OR FOR GARBAGE COLLECTION AND DISPOSAL NOT SHOWN BY THE PUBLIC RECORDS. G. UNPATENTED MINING CLAIMS, AND ALL RIGHTS RELATING THERETO. H. RESERVATIONS AND EXCEPTIONS IN UNITED STATES PATENTS OR IN ACTS AUTHORIZING THE ISSUANCE THEREOF. I. INDIAN TRIBAL CODES OR REGULATION, INDIAN TREATY OR ABORIGINAL RIGHTS, INCLUDING EASEMENT OR EQUITABLE SERVITUDES. J. WATER RIGHTS, CLAIMS OR TITLE TO WATER. K. DEFECTS, LIENS, ENCUMBRANCES, ADVERSE CLAIMS OR OTHER MATTERS, IF ANY, CREATED, FIRST APPEARING IN THE PUBLIC RECORDS, OR ATTACHING SUBSEQUENT TO THE EFFECTIVE DATE HEREOF BUT PRIOR TO THE DATE THE PROPOSED INSURED ACQUIRES OF RECORD FOR VALUE THE ESTATE OR INTEREST OR MORTGAGE THEREON COVERED BY THIS COMMITMENT. END OF SCHEDULE B - SECTION I 27C101BI (6/06) 3 • ALTA Commitment-2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA AMERI members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land LAND TCTIN. Title Association. ASSOCIATION File No.: 20374430-410-KA6 SCHEDULE B - SECTION II EXCEPTIONS SCHEDULE B OF THE POLICY OR POLICIES TO BE ISSUED WILL CONTAIN EXCEPTIONS TO THE FOLLOWING MATTERS UNLESS THE SAME ARE DISPOSED OF TO THE SATISFACTION OF THE COMPANY: 1. REAL ESTATE EXCISE TAX PURSUANT TO THE AUTHORITY OF RCW CHAPTER 82.45 AND SUBSEQUENT AMENDMENTS THERETO. AS OF THE DATE HEREIN, THE TAX RATE FOR SAID PROPERTY IS 1.78% FOR ALL TRANSACTIONS RECORDED ON OR AFTER JULY 1, 2005: A FEE OF $10.00 WILL BE CHARGED ON ALL EXEMPT TRANSACTIONS; A FEE OF $5.00 WILL BE CHARGED ON ALL TAXABLE TRANSACTIONS IN ADDITION TO THE EXCISE TAX DUE; 2. GENERAL PROPERTY TAXES AND SERVICE CHARGES, AS FOLLOWS, TOGETHER WITH INTEREST, PENALTY AND STATUTORY FORECLOSURE COSTS, IF ANY, AFTER DELINQUENCY: (1ST HALF DELINQUENT ON MAY 1; 2ND HALF DELINQUENT ON NOVEMBER 1) TAX ACCOUNT NO.: 262304 9144 YEAR BILLED PAID BALANCE 2016 $184,986.00 $184,986.00 $0.00 TOTAL AMOUNT DUE, NOT INCLUDING INTEREST AND PENALTY: $0.00. LEVY CODE: 2340 ASSESSED VALUE LAND: $4,416,300.00 ASSESSED VALUE IMPROVEMENTS: $6,800,600.00 TAXES FOR THE YEAR 2017 ARE NOT YET AVAILABLE OR DUE, BUT ARE PAYABLE FEBRUARY 15, 2017. 3. LIABILITY FOR SEWER TREATMENT CAPACITY CHARGES, IF ANY, AFFECTING CERTAIN AREAS OF KING, PIERCE AND SNOHOMISH COUNTIES. SAID CHARGES COULD APPLY TO PROPERTY CONNECTING TO THE METROPOLITAN SEWERAGE FACILI 1'1mS OR RECONNECTING OR CHANGING ITS USE AND/OR STRUCTURE AFTER FEBRUARY 1, 1990. PLEASE CONTACT THE KING COUNTY WASTEWATER TREATMENT DIVISION, CAPACITY CHARGE PROGRAM, FOR FURTHER INFORMATION AT 206-296-1450 OR FAX NO. 206-263-6823 OR EMAIL AT CAPCHARGEESCRO W @KINGCOUNTY. GOV * A MAP SHOWING SEWER SERVICE AREA BOUNDARIES AND INCORPORATED AREAS CAN BE FOUND AT: HTTP://YOUR.KINGCOUNTY.GOV/FTP/GIS/WEB/VMC/UTILITIES/SERVAREA CITIES.PDF UNRECORDED SEWER CAPACITY CHARGES ARE NOT A LIEN ON TITLE TO THE LAND. NOTE: THIS EXCEPTION WILL NOT APPEAR IN THE POLICY TO BE ISSUED. 27C101BII (6/06) 4 ALTA Commitment — 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAND TITLE n$.)ofrnt ION File No.: 20374430-410-KA6 SCHEDULE B — Section II (Continued) 4. RESERVATION OF EASEMENT AND THE TERMS AND CONDITIONS THEREOF: RESERVED BY: UNION PACIFIC RAILROAD COMPANY, A UTAH CORPORATION PURPOSE: RAILROAD TRACKAGE AND APPURTENANCES AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: JULY 7, 1976 RECORDING NO:. 7607070502 5. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PUGET SOUND POWER & LIGHT COMPANY, A WASHINGTON CORPORATION PURPOSE: UNDERGROUND ELECTRIC SYSTEM AREA AFFECTED: NORTH 12.31 FEET OF SAID PREMISES RECORDED: OCTOBER 29, 1976 RECORDING NO. 7610290608 6. RESERVATION OF EASEMENT AND THE TERMS AND CONDITIONS THEREOF: RESERVED BY: UNION PACIFIC LAND RESOURCES CORPORATION, A UTAH CORPORATION PURPOSE: RAILROAD AREA AFFECTED: A NORTHERLY PORTION OF SAID PREMISES RECORDING NO.: MARCH 7, 1977 RECORDING NO.: 7703070907 7. RESERVATIONS OF ALL MINERALS CONTAINED IN WARRANTY DEED. RECORDED: MARCH 7, 1977 RECORDING NO.: 7703070907 8. EASEMENT FOR UNDERGROUND ELECTRIC SYSTEM AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PUGET SOUND POWER & LIGHT COMPANY AREA AFFECTED: PORTION OF SAID PREMISES RECORDED: JANUARY 13, 1978 RECORDING NO.: 7801130816 9. ALL COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS OR OTHER SERVITUDES, IF ANY, DISCLOSED BY THE SOUTHCENTER CORPORATE SQUARE REVISED BINDING SITE IMPROVEMENT PLAN RECORDED UNDER RECORDING NOs. 8409060750 AND 8409060752. THIS POLICY DOES NOT INSURE THAT THE LAND DESCRIBED IN SCHEDULE A IS BENEFITED BY EASEMENTS, COVENANTS OR OTHER APPURTENANCES SHOWN ON THE PLAT OR SURVEY TO BENEFIT OR BURDEN REAL PROPERTY OUTSIDE THE BOUNDARIES OF SAID LAND. SAID BINDING SITE PLAN REVISES BINDING SITE PLAN RECORDED UNDER RECORDING NUMBER 7710070582. 27C 101 BII (6/06) 5 ALTA Commitment — 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAND TITI.I Ai50CIAl'SON File No.: 20374430-410-KA6 SCHEDULE B — Section II (Continued) 10. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PUGET SOUND ENERGY, INC. PURPOSE: GAS PIPELINE OR PIPELINES AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: JULY 18, 1997 RECORDING NO.: 9707180453 11. ALL COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS OR OTHER SERVITUDES, IF ANY, DISCLOSED BY THE CITY OF TUKWILA SHORT PLAT NO. L97-0049 RECORDED UNDER RECORDING NO. 9711069009. THIS POLICY DOES NOT INSURE THAT THE LAND DESCRIBED IN SCHEDULE A IS BENEFITED BY EASEMENTS, COVENANTS OR OTHER APPURTENANCES SHOWN ON THE PLAT OR SURVEY TO BENEFIT OR BURDEN REAL PROPERTY OUTSIDE THE BOUNDARIES OF SAID LAND. 12. ALL COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS OR OTHER SERVITUDES, IF ANY, DISCLOSED BY PROTECTIVE COVENANTS RECORDED UNDER RECORDING NUMBER 9711060371. THIS POLICY DOES NOT INSURE THAT THE LAND DESCRIBED IN SCHEDULE A IS BENEFITED BY EASEMENTS, COVENANTS OR OTHER APPURTENANCES SHOWN C)N THE PLAT OR SURVEY TO BENEFIT OR BURDEN REAL PROPERTY OUTSIDE THE BOUNDARIES OF SAID LAND. AND AMENDMENTS THERETO: RECORDED: JULY 8, 2004 RECORDING NO.: 20040708000011 13. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PUGET SOUND ENERGY, INC. PURPOSE: GAS PIPELINE OR PIPELINES AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: NOVEMBER 20, 1997 RECORDING NO.: 9711200323 14. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: QWEST CORPORATION, A DELAWARE CORPORATION PURPOSE: UNDERGROUND FIBER OPTIC CABLE SYSTEM AREA AFFECTED: PORTION OF SAID PREMISES RECORDED: NOVEMBER 20, 2001 RECORDING NO.: 20011120000450 27C 101 BII (6/06) 6 ALTA Commitment — 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAND TITI (: ASSOCIATION File No.: 20374430-410-KA6 SCHEDULE B — Section II (Continued) 15. ASSIGNMENT OF LEASES AND RENTS AND THE TERMS AND CONDITIONS THEREOF: ASSIGNOR: SOUTHCENTER CORPORATE SQUARE, LLC, A DELAWARE LIMITED LIABILITY COMPANY ASSIGNEE: WACHOVIA BANK, NATIONAL ASSOCIATION, A NATIONAL BANKING ASSOCIATION DATED: SEPTEMBER 28, 2006 RECORDED: SEPTEMBER 28, 2006 RECORDING NO.: 20060928002286 AFFECTS: SAID PREMISES AND OTHER PROPERTY SUCCESSIVE ASSIGNMENTS OF THE ASSIGNMENT OF LEASES AND RENTS: LAST ASSIGNEE: WELLS FARGO BANK, NATIONAL ASSOCIATION, A NATIONAL BANKING ASSOCIATION RECORDED: APRIL 29, 2015 RECORDING NO.: 20150429000302 THE ASSIGNMENT OF LEASES AND RENTS WAS AMENDED BY INSTRUMENT. RECORDED: MARCH 31, 2016 RECORDING NO.: 20160331000941 16. FINANCING STATEMENT AND THE TERMS AND CONDITIONS THEREOF: SECURED PARTY: WACHOVIA BANK, NATIONAL ASSOCIATION DEBTOR: SOUTHCENTER CORPORATE SQUARE, LLC COVERS: PERSONAL PROPERTY AND FIXTURES LOCATED UPON SAID PREMISES RECORDED: SEPTEMBER 28, 2006 RECORDING NO.: 20060928002287 AFFECTS: SAID PREMISES AND OTHER PROPERTY THE FINANCING STATEMENT WAS ASSIGNED BY SUCCESSIVE ASSIGNMENTS. LAST ASSIGNEE:: WELLS FARGO BANK, NATIONAL ASSOCIATION RECORDED: APRIL 29, 2015 RECORDING NO.: 20150429000303 THE FINANCING STATEMENT WAS AMENDED. RECORDED: MARCH 31, 2016 AND APRIL 1, 2016 RECORDING NO.: 20160331000942 AND 20160401000005 NOTE: A CONTINUATION STATEMENT HAS BEEN FILED. RECORDED: SEPTEMBER 13, 2011 AND APRIL 1, 2016 RECORDING NO.: 20110913000333 AND 20160401001081 27C101BII (6/06) 7 ALTA Commitment — 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA AMLRICAN members in good standing as of the date of use. All other uses are prohibited. Repented under license from the American Land LAND TITI Title Association. ASSOCIATION File No.: 20374430-410-KA6 17. UNRECORDED LEASE: LESSOR: LESSEE: DA I'F.: DISCLOSED BY: 18. UNRECORDED LEASE: LESSOR: LESSEE: DATE: DISCLOSED BY: 19. UNRECORDED LEASE: LESSOR: LESSEE: DALE: DISCLOSED BY: 20. UNRECORDED LEASE: LESSOR: LESSEE: DATE: DISCLOSED BY: 21. UNRECORDED LEASE: LESSOR: LESSEE: DATE: DISCLOSED BY: 22. UNRECORDED LEASE: LESSOR: LESSEE: DATE: DISCLOSED BY: 27C101BII (6/06) SCHEDULE B — Section II (Continued) WASHINGTON REAL ESTATE HOLDINGS, LLC MARES-SHREVE & ASSOCIATES, INC. JULY 7, 2003 SUBORDINATION, NON -DISTURBANCE AND ATTORNMENT AGREEMENT RECORDED UNDER recording number 20060928002288 WASHINGTON REAL ESTATE HOLDINGS, LLC YGNITION NETWORKS APRIL 29, 2004 SUBORDINATION, NON -DISTURBANCE AND ATTORNMENT AGREEMENT RECORDED UNDER recording number 20060928002289 WASHINGTON REAL ESTATE HOLDINGS, LLC BELCAN ENGINEERING GROUP, INC. MARCH 15, 2005 SUBORDINATION, NON -DISTURBANCE AND ATTORNMENT AGREEMENT RECORDED UNDER recording number 20060928002290 WASHINGTON REAL ESTATE HOLDINGS, LLC KING COUNTY HOUSING AUTHORITY DECEMBER 15, 2003 SUBORDINATION, NON -DISTURBANCE AND ATTORNMENT AGREEMENT RECORDED UNDER recording number 20060928002291 WASHINGTON REAL ESTATE HOLDINGS, LLC TRAC ASSOCIA 1'bS JULY 29, 2004 SUBORDINATION, NON -DISTURBANCE AND ATTORNMENT AGREEMENT RECORDED UNDER recording number 20060928002292 LOWE NORTHWEST INVESTOR PROPERTIES I, LLC WIRELESS FACILITIES, INC. MARCH 10, 2000 SUBORDINATION, NON -DISTURBANCE AND ATTORNMENT AGREEMENT RECORDED UNDER recording number 20060928002293 8 ALTA Commitment — 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AM E AICAN LAND TITLE ASSOCIATION 23. UNRECORDED LEASE: LESSOR: LESSEE: DATE: DISCLOSED BY: 24. UNRECORDED LEASE: LESSOR: LESSEE: DATE: DISCLOSED BY: 25. UNRECORDED LEASE: LESSOR: LESSEE: DATE: DISCLOSED BY: 26. UNRECORDED LEASE: LESSOR: LESSEE: DATE: DISCLOSED BY: 27. UNRECORDED LEASE: LESSOR: LESSEE: DATE: DISCLOSED BY: 28. UNRECORDED LEASE: LESSOR: LESSEE: DATE: DISCLOSED BY: 27C101BII (6/06) File No.: 20374430-410-KA6 SCHEDULE B — Section II (Continued) WASHINGTON REAL ESTATE HOLDINGS, LLC SHOWA CO. (USA), INC. SEPTEMBER 22, 2003 SUBORDINATION, NON -DISTURBANCE AND ATTORNMENT AGREEMENT RECORDED UNDER recording number 20060928002294 LOWE NORTHWEST INVESTOR PROPERTIES I, LLC THE REYNOLDS & REYNOLDS CO. JUNE 4, 1997 SUBORDINATION, NON -DISTURBANCE AND ATTORNMENT AGREEMENT RECORDED UNDER recording number 20060928002295 LOWE NORTHWEST INVESTOR PROPERTIES I, LLC WASHINGTON STATE NURSES ASSOCIATION MARCH 23, 2000 SUBORDINATION, NON -DISTURBANCE AND ATTORNMENT AGREEMENT RECORDED UNDER recording number 20061206002368 WASHINGTON REAL ESTATE HOLDINGS, LLC THE STANDARD REGISTER COMPANY MARCH 24, 2004 SUBORDINATION, NON -DISTURBANCE AND ATTORNMENT AGREEMENT RECORDED UNDER recording number 20061206002369 WASHINGTON REAL ESTATE HOLDINGS, LLC JDM INFRASTRUCTURE, LLC AUGUST 18, 2005 SUBORDINATION, NON -DISTURBANCE AND ATTORNMENT AGREEMENT RECORDED UNDER recording number 20061206002370 WASHINGTON REAL ESTATE HOLDINGS, LLC FIRST MAGNUS FINANCIAL CORPORATION JANUARY 21, 2004 SUBORDINATION, NON -DISTURBANCE AND ATTORNMENT AGREEMENT RECORDED UNDER recording number 20061206002371 9 ALTA Commitment — 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAND TITLE /OSOCIA'1 ION File No.: 20374430-410-KA6 29. UNRECORDED LEASE: LESSOR: LESSEE: DATE: DISCLOSED BY: 30. UNRECORDED LEASE: LESSOR: LESSEE: DATE: DISCLOSED BY: 31. UNRECORDED LEASE: LESSOR: LESSEE: DATE: DISCLOSED BY: SCHEDULE B — Section II (Continued) WASHINGTON REAL ESTATE HOLDINGS, LLC ADVANCED INTERACTIVE SYSTEMS, INC. SEPTEMBER 24, 2003 SUBORDINATION, NON -DISTURBANCE AND ATTORNMENT AGREEMENT RECORDED UNDER recording number 20061206002372 WASHINGTON REAL ESTATE HOLDINGS, LLC INTERNATIONAL ACADEMY OF MERCHANDISING & DESIGN, INC. JULY 6, 2004 SUBORDINATION, NON -DISTURBANCE AND ATTORNMENT AGREEMENT RECORDED UNDER recording number 20061206002373 WASHINGTON REAL ESTATE HOLDINGS, LLC UTILITY CONTRACTORS ASSOCIATION OF WASHINGTON MAY 5, 2005 SUBORDINATION, NON -DISTURBANCE AND ATTORNMENT AGREEMENT RECORDED UNDER recording number 20061206002374 32. MEMORANDUM OF LEASE: LESSOR: SOUTHCENTER CORPORATE SQUARE, LLC LESSEE: EDUCATION AND TRAINING, INCORPORATED, DBfA KITCHEN ACADEMY DATED: AUGUST 31, 2007 RECORDED: SEPTEMBER 7, 2007 RECORDING NO.: 20070907001652 33. UNRECORDED LEASE: LESSOR: LESSEE: DATE: DISCLOSED BY: SOUTHCENTER CORPORATE SQUARE, LLC COMPUPAY, INC. SEPTEMBER 28, 2007 SUBORDINATION, NON -DISTURBANCE AND ATTORNMENT AGREEMENT RECORDED UNDER recording number 20071214000383 27C101BII (6/06) 10 ALTA Commitment — 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAND TITLE AVSOCIATION File No.: 20374430-410-KA6 SCHEDULE B — Section II (Continued) 34. AMENDED AND RESTATED LEASEHOLD AND FEE DEED OF TRUST, ASSIGNMENT OF LEASES, SECURITY AGREEMENT AND FIXTURE FILING AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: SOUTHCENTER CORPORATE SQUARE, LLC, A DELAWARE LIMITED LIABILITY COMPANY TRUSTEE: STEWART TITLE COMPANY BENEFICIARY: WELLS FARGO BANK, NATIONAL ASSOCIATION, A NATIONAL BANKING ASSOCIATION ORIGINAL AMOUNT: $18,075,000.00 DATED: MARCH 31, 2016 RECORDED: MARCH 31, 2016 RECORDING NO.: 20160331000940 AFFECTS: SAID PREMISES AND OTHER PROPERTY SAID DEED OF TRUST IS AN AMENDED AND RESTATED VERSION OF DEED TO TRUST RECORDED UNDER recording number 20060928002285, WHICH WAS AMENDED BY INSTRUMENTS RECORDED UNDER recording numbers 20091016000792 AND 20120626001669. ALSO SAID ORIGINAL DEED OF TRUST (20060928002285) WAS ASSIGNED BY SUCCESSIVE ASSIGNMENTS TO WELLS FARGO BANK BY INSTRUMENTS RECORDED UNDER recording numbers 20070316000200 AND 20150429000301. 35. UNRECORDED LEASEHOLDS, IF ANY; RIGHTS OF VENDORS AND HOLDERS OF SECURITY INTERESTS ON PERSONAL PROPERTY INSTALLED UPON THE LAND; AND RIGHTS OF TENANTS TO REMOVE TRADE FIXTURES AT THE EXPIRATION OF THE TERM. 36. LIEN CLAIMED BY CITY OF TUKWILA. AGAINST: SOUTHCENTER CORP. SQUARE FOR: LOCAL IMPROVEMENT DISTRICT NO. 33 ASSESSMENT AMOUNT: $91,871.35 RECORDED: SEPTEMBER 17, 2013 RECORDING NO.: 20130917001690 37. MATTERS DISCLOSED BY UNRECORDED SURVEY BY W & H PACIFIC, DATED DECEMBER 19, 1996, JOB NO. 3-1905-0101, AS FOLLOWS: A.) POSSIBLE UNRECORDED EASEMENT FOR GAS LINES ALONG THE EASTERLY LINE OF SUBJECT PROPERTY; 38. MATTERS SET FORTH BY SURVEY: RECORDED: DECEMBER 7, 1999 RECORDING NO.: ' 19991207900015 39. MATTERS RELATING TO THE QUESTIONS OF SURVEY, RIGHTS OF PARTIES 1N POSSESSION, AND UNRECORDED LIEN RIGHTS FOR LABOR AND MATERIAL, IF ANY, THE DISPOSITION OF WHICH WILL BE FURNISHED BY SUPPLEMENTAL REPORT. 27C101 BII (6/06) END OF SCHEDULE B — SECTION II 11 ALTA Commitment — 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAND TITLE ACSOCIA PION NOTE 1: NOTES File No.: 20374430-410-KA6 WE ARE INFORMED THAT SOUTHCENTER CORPORATE SQUARE, LLC IS A LIMITED LIABILITY COMPANY (LLC). A COPY OF THE DUPLICATE ORIGINAL OF THE FILED LLC CERTIFICATE OF FORMATION, THE LLC AGREEMENT, AND ALL SUBSEQUENT MODIFICATIONS OR AMENDMENTS MUST BE SUBMITTED TO THE COMPANY FOR REVIEW. NOTE 2: ANY CONVEYANCE OR MORTGAGE BY SOUTCENTER CORPORATE SQUARE, LLC, A LIMITED LIABILITY COMPANY (LLC), MUST BE EXECUTED BY ALL THE MEMBERS, OR EVIDENCE SUBMITTED THAT CERTAIN DESIGNATED MEMBERS OR MANAGERS HAVE BEEN AUTHORIZED TO ACT FOR THE LIMITED LIABILITY COMPANY. NOTE 3: ACCORDING TO THE APPLICATION FOR TITLE INSURANCE, THE PROPOSED INSURED IS CULINEX, LLC, A WASHINGTON LIMITED LIABILITY COMPANY. WE FIND NO PERTINENT MATTERS OF RECORD AGAINST THE NAME(S) OF SAID PARTY(IES). NOTE 4: BASED ON INFORMATION PROVIDED TO THE COMPANY, ON THE DATE OF THIS COMMITMENT IT APPEARS THAT THERE IS LOCATED ON THE LAND: COMMERCIAL/INDUSTRIAL STRUCTURE(S) KNOWN AS: 360 CORPORATE DR N, SOUTHCENTER CORPORATE SQUARE BUILDING 10 TUKWILA, WA 98188 NOTE 5: IF YOU WOULD LIKE THE COMPANY TO ACT AS TRUSTEE IN THE PROPOSED DEED OF TRUST, PLEASE NOTE THAT " FIDELITY NATIONAL TITLE OF WASHINGTON, INC." MAY ACT AS TRUSTEE OF A DEED OF TRUST UNDER RCW 61.24.010(1). NOTE 6: THE COMPANY REQUIRES THE PROPOSED INSURED TO VERIFY THAT THE LAND COVERED BY THIS COMMITMENT IS THE LAND INTENDED TO BE CONVEYED IN THIS TRANSACTION. THE DESCRIPTION OF THE LAND MAY BE INCORRECT, IF THE APPLICATION FOR TITLE INSURANCE CONTAINED INCOMPLETE OR INACCURATE INFORMATION. NOTIFY THE COMPANY WELL BEFORE CLOSING IF CHANGES ARE NECESSARY. CLOSING INSTRUCTIONS MUST INDICATE THAT THE LEGAL DESCRIPTION HAS BEEN REVIEWED AND APPROVED BY ALL PARTIES. NOTE 7: THE FOLLOWING MAY BE USED AS AN ABBREVIATED LEGAL DESCRIPTION ON THE DOCUMENTS TO BE RECORDED, PER AMENDED RCW 65.04. SAID ABBREVIATED LEGAL DESCRIPTION IS NOT A SUBSTITUTE FOR A COMPLETE LEGAL DESCRIPTION WITHIN THE BODY OF THE DOCUMENT. LOT 4 TUKWILA SHORT PLAT NO. L 97-0049 REC #9711069009 NOTE 8: IN THE EVENT THAT THE COMMITMENT JACKET IS NOT ATTACHED HERETO, ALL OF THE TERMS, CONDITIONS AND PROVISIONS CONTAINED IN SAID JACKET ARE INCORPORATED HEREIN. THE COMMITMENT JACKET IS AVAILABLE FOR INSPECTION AT ANY COMPANY OFFICE. NOTE 9: THE POLICY(S) OF INSURANCE MAY CONTAIN A CLAUSE PERMITTING ARBITRATION OF CLAIMS AT THE REQUEST OF EITHER THE INSURED OR THE COMPANY. UPON REQUEST, THE COMPANY WILL PROVIDE A COPY OF THIS CLAUSE AND THE ACCOMPANYING ARBITRATION RULES PRIOR TO THE CLOSING OF THE TRANSACTION. NOTE 10: PRIOR TO CLOSING PLEASE CONTACT YOUR TITLE OFFICER FOR CURRENT COURIER AND/OR ACCOMMODATION FEES WHICH MAY BE CHARGED FOR RECORDING RUNS. END OF NOTES 27C101 Notes (6/06) 12 ALTA Commitment — 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license! from the American Land LAND TITN Title Association. AS..SQUATION CONDITIONS 1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at <http://www.alta.org/>. 27C101 (6/06) 13 ALTA Commitment — 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA AMERIAN members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land LAND TIT Title Association. ASSOCIATION FIDELITY NATIONAL FINANCIAL PRIVACY NOTICE At Fidelity National Financial, Inc. and its majority -owned subsidiary companies (collectively, "FNF", "our" or "we"), we value the privacy of our customers. This Privacy Notice explains how we collect, use, and protect your information and explains the choices you have regarding that information. A summary of our privacy practices is below. We also encourage you to read the complete Privacy Notice following the summary. Types of Information Collected. You may provide us with certain personal information, like your contact information, social security number (SSN), driver's license, other government ID numbers, and/or financial information. We may also receive information from your Internet browser, computer and/or mobile device. How Information is Collected. We may collect personal information directly from you from applications, forms, or communications we receive from you, or from other sources on your behalf, in connection with our provision of products or services to you. We may also collect browsing information from your Internet browser, computer, mobile device or similar equipment. This browsing information is generic and reveals nothing personal about the user. Use of Your Information. We may use your information to provide products and services to you (or someone on your behalf), to improve our products and services, and to communicate with you about our products and services. We do not give or sell your personal information to parties outside of FNF for their use to market their products or services to you. Security Of Your Information. We utilize a combination of security technologies, procedures and safeguards to help protect your information from unauthorized access, use and/or disclosure. We communicate to our employees about the need to protect personal information. Choices With Your Information, Your decision to submit personal information is entirely up to you. You can opt -out of certain disclosures or use of your information or choose to not provide any personal information to us. When We Share Information. We may disclose your information to third parties providing you products and services on our behalf, law enforcement agencies or governmental authorities, as required by law, and to parties with whom you authorize us to share your information. Information From Children. We do not knowingly collect information from children under the age of 13, and our websites are not intended to attract children. Privacy Outside the Website. We are not responsible for the privacy practices of third parties, even if our website links to those parties' websites. Access and Correction. If you desire to see the information collected about you and/or correct any inaccuracies, please contact us in the manner specified in this Privacy Notice. Do Not Track Disclosures. We do not recognize "do not track" requests from Internet browsers and similar devices. The California Online Privacy Protection Act. Certain FNF websites collect information on behalf of mortgage loan servicers. The mortgage loan servicer is responsible for taking action or making changes to any consumer information submitted through those websites. International Use. By providing us with your information, you consent to the transfer, processing and storage of such information outside your country of residence, as well as the fact that we will handle such information consistent with this Privacy Notice. Your Consent To This Privacy Notice. By submitting information to us and using our websites, you are accepting and agreeing to the terms of this Privacy Notice. Contact FNF. If you have questions or wish to contact us regarding this Privacy Notice, please use the contact information provided at the end of this Privacy Notice. FNF Privacy Notice Effective: April 1, 2016 FIDELITY NATIONAL FINANCIAL, INC. PRIVACY NOTICE FNF respects and is committed to protecting your privacy. We pledge to take reasonable steps to protect your Personal Information (as defined herein) and to ensure your information is used in compliance with this Privacy Notice. This Privacy Notice is only in effect for information collected and/or owned by or on behalf of FNF, including collection through any FNF website or online services offered by FNF (collectively, the "Website"), as well as any information collected offline (e.g., paper documents). The provision of this Privacy Notice to you does not create any express or implied relationship, nor create any express or implied duty or other obligation, between FNF and you. Types of Information Collected We may collect two types of information: Personal Information and Browsing Information. Personal Information. The types of personal information FNF collects may include, but are not limited to: contact information (e.g., name, address, phone number, email address); social security number (SSN), driver's license, and other government ID numbers; and financial account or loan information. Browsing Information. The types of browsing information FNF collects may include, but are not limited to: Internet Protocol (or IP) address or device ID/UDID, protocol and sequence information; • browser language; • browser type; • domain name system requests; • browsing history; • number of clicks; • hypertext transfer protocol headers; and • application client and server banners. How Information is Collected In the course of our business, we may collect Personal Information about you from the following sources: • applications or other forms we receive from you or your authorized representative, whether electronic or paper; • communications to us from you or others; • information about your transactions with, or services performed by, us, our affiliates or others; and • information from consumer or other reporting agencies and public records that we either obtain directly from those entities, or from our affiliates or others. We may collect Browsing Information from you as follows: • Browser Log Files. Our servers automatically log, collect and record certain Browsing Information about each visitor to the Website. The Browsing Information includes only generic information and reveals nothing personal about the user. • Cookies. From time to time, FNF may send a "cookie" to your computer when you visit the Website. A cookie is a small piece of data that is sent to your Internet browser from a web server and stored on your computer's hard drive. When you visit the Website again, the cookie allows the Website to recognize your computer, with the goal of providing an optimized user experience. Cookies may store user preferences and other information. You can choose not to accept cookies by changing the settings of your Internet browser. If you choose not to accept cookies, then some functions of the Website may not work as intended. Use of Collected Information Information collected by FNF is used for three main purposes: To provide products and services to you, or to one or more third party service providers who are performing services on your behalf or in connection with a transaction involving you; • To improve our products and services; and • To communicate with you and to inform you about FNF's products and services. When We Share Information We may share your Personal Information (excluding information we receive from consumer or other credit reporting agencies) and Browsing Information with certain individuals and companies, as permitted by law, without first obtaining your authorization. Such disclosures may include, without limitation, the following: • to agents, representatives, or others to provide you with services or products you have requested, and to enable us to detect or prevent criminal activity, fraud, or material misrepresentation or nondisclosure; • to third -party contractors or service providers who provide services or perform other functions on our behalf; • to law enforcement or other governmental authority in connection with an investigation, or civil criminal subpoenas or court orders; and/or • to other parties authorized to receive the information in connection with services provided to you or a transaction involving you. We may disclose Personal Information and/or Browsing Information when required by law or in the good -faith belief that such disclosure is necessary to: • comply with a legal process or applicable laws; • enforce this Privacy Notice; • investigate or respond to claims that any provided by you violates the rights of a third party; or • protect the rights, property or personal safety of FNF, its users or the public. We make efforts to ensure third party contractors and service providers who provide services or perform functions on our behalf protect your information, We limit use of your information to the purposes for which the information was provided. We do not give or sell your information to third parties for their own direct marketing use. We reserve the right to transfer your Personal Information, Browsing Information, as well as any other information, in connection with the sale or other disposition of all or part of the or information FNF Privacy Notice Effective: April 1, 2016 FNF business and/or assets, or in the event of our bankruptcy, reorganization, insolvency, receivership or an assignment for the benefit of creditors. You expressly agree and consent to the use and/or transfer of this information in connection with any of the above -described proceedings. We cannot and will not be responsible for any breach of security by any third party or for any actions of any third party that receives any of the information that is disclosed to us. Choices With Your Information Whether you submit your information to FNF is entirely up to you. If you decide not to submit your information, FNF may not be able to provide certain products or services to you. You may choose to prevent FNF from using your information under certain circumstances ("opt out"). You may opt out of receiving communications from us about our products and/or services. Security And Retention Of Information FNF is committed to protecting the information you share with us and utilizes a combination of security technologies, procedures and safeguards to help protect it from unauthorized access, use and/or disclosure. FNF trains its employees on privacy practices and on FNF's privacy and information security policies. FNF works hard to retain information related to you only as long as reasonably necessary for business and/or legal purposes. Information From Children The Website is meant for adults. The Website is not intended or designed to attract children under the age of thirteen (13). We do not collect Personal Information from any person that we know to be under the age of thirteen (13) without permission from a parent or guardian. Privacy Outside the Website The Website may contain links to other websites, including links to websites of third party service providers. FNF is not and cannot be responsible for the privacy practices or the content of any of those other websites. International Users Because FNF's headquarters is located in the United States, we may transfer your Personal Information and/or Browsing Information to the United States. By using our website and providing us with your Personal Information and/or Browsing Information, you understand and consent to the transfer, processing and storage of such information outside your country of residence, as well as the fact that we will handle such information consistent with this Privacy Notice. Do Not Track Disclosures Currently, our policy is that we do not recognize "do not track" requests from Internet browsers and similar devices. The California Online Privacy Protection Act For some websites which FNF or one of its companies owns, such as the Customer CareNet ("CCN"), FNF is acting as a third party service provider to a mortgage loan servicer. In those instances, we may collect certain information on behalf of that mortgage loan servicer, including: • first and last name; • property address; • user name and password; • loan number; • social security number - masked upon entry; • email address; • security questions and answers; and • IP address. The information you submit is then transferred to your mortgage loan servicer by way of CCN. The mortgage loan servicer is responsible for taking action or making changes to any consumer information submitted through this website. For example, if you believe that your payment or user information is incorrect, you must contact your mortgage loan servicer. CCN does not share consumer information with third parties, other than those with 'which the mortgage loan servicer has contracted to interface with the CCN application. All sections of this Privacy Notice apply to your interaction with CCN, except for the sections titled Choices with Your Information, and Access and Correction. If you have questions regarding the choices you have with regard to your personal information or how to access or correct your personal information, contact your mortgage loan servicer. Access and Correction To access your Personal Information in the possession of FNF and correct any inaccuracies, please contact us by email at privacy@fnf.com or by mail at: Fidelity National Financial, Inc. 601 Riverside Avenue Jacksonville, Florida 32204 Attn: Chief Privacy Officer Your Consent To This Privacy Notice By submitting Personal Information and/or Browsing Information to FNF, you consent to the collection and use of information by FNF in compliance with this Privacy Notice. We reserve the right to make changes to this Privacy Notice. If we change this Privacy Notice, we will post the revised version on the Website. Contact FNF Please send questions and/or comments related to this Privacy Notice by email at privacy@fnf.com or by mail at: Fidelity National Financial, Inc. 601 Riverside Avenue Jacksonville, Florida 32204 Attn: Chief Privacy Officer Copyright © 2016. Fidelity National Financial, Inc. All Rights Reserved. EFFECTIVE AS OF APRIL 1, 2016 FNF Privacy Notice Effective: April 1, 2016 WHEN RECORDED RETURN TO: Southcenter Corporate Square, LLC c/o Pacific Realty Advisors LLC 411 University Street, Suite 1200 Seattle, WA 98101 Attention: Jack Rader Document Title: Common Area Cost Sharing Agreement and Easements, Covenants, Conditions and Restrictions for Southcenter Corporate Square Grantor: Southcenter Corporate Square, LLC Grantee: Southcenter Corporate Square, LLC Legal Description: Abbreviated Legal Description: Lots 3 and 4, City of Tukwila Short Plat Number L97-0049 (Southcenter Corporate Square), According to the Short Plat recorded under Recording Number 9711069009, records of King County, Washington Full Legal Description: See Exhibit A attached Assessor's Tax Parcel Nos.: Reference Nos. of Documents Released or Assigned: Not applicable COMMON AREA COST -SHARING AGREEMENT AND EASEMENTS, COVENANTS, CONDITIONS AND RESTRICTIONS FOR SOUTHCENTER CORPORATE SQUARE This Agreement is made as of as of , 2017, by SOUTHCENTER CORPORATE SQUARE, LLC, a Delaware limited liability company ("Declarant"). RECITALS: A. Declarant is the owner of the real property located in Tukwila, King County, Washington, legally described in Exhibit A attached (the "Property"). The Property is currently improved with 11 buildings used for office and other commercial purposes. 3924/060 03/14/17 tbarke\southcenter corp square -1- cc&rs 2 B. The Property and the improvements thereon are currently known as Southcenter Corporate Square (the "Park"). C. Declarant desires to create certain easements in, to, over and across the Property to assure the proper and efficient development, operation and functioning of the Park, to create provisions for the construction, maintenance and operation of the Common Areas and other buildings and improvements now or hereafter constituting the Park, and to make certain other covenants and agreements relating to the Park as more specifically set forth in this Agreement. AGREEMENT: Declarant covenants, agrees and declares that all of the Property, and the buildings, structures and other improvements now or hereafter constructed thereon; are and will be held, developed, used, sold, conveyed, leased and encumbered subject to and burdened by the following covenants, conditions, restrictions and easements, all of which will be binding upon and benefit Declarant and all future holders of all or any interest in the Property, and their respective successors, legal representatives and assigns. All of the provisions of this Agreement will be binding upon all parties having or acquiring any right, title and interest in the Property or any part thereof, and will in all respects be regarded as covenants running with the land. ARTICLE I: DEFINITIONS 1.1 "Allocable Share" means that part of the Common Area Costs allocable to each Lot. The Allocable Share of each Lot will be determined by dividing the rentable area of the office and commercial space on the applicable Lot by the total rentable area of all office and commercial space constituting the Park. Rentable area will be calculated in accordance with BOMA Standards. The current Allocable Shares of the Lots are set forth in Exhibit B attached. To the extent any Common Facilities are located in a building on a Lot, the Allocable Share of that Lot will be reduced by the rentable area of the space occupied by such Common Facilities. 1.2 "BOMA Standards" means the Standard Method for Measuring Floor Area in Office Buildings (ANSI/BOMA Z65.1-2010). 1.3 "Common Areas" means any of the following improvements or facilities located on any Lot in the Park: drainage swales and basins and other surface water management facilities and systems, any streams or open space areas, private roadways and driveways not serving exclusively any one Lot, the planting strips, sidewalks and traffic islands located in or adjacent to private roadways (including easement roadways and driveways), and the planting strips, sidewalks and traffic islands adjacent to public 3924/060 03/14/17 tbarke\southcenter corp square -2- cc&rs2 roadways (to the extent that such strips, sidewalks and islands are not maintained at the expense of a public body), including without limitation all medians, boulevards, jogging and walking trails and picnic areas. The Common Areas will also include the Park signage, but not signage located on the Owner's Lots or individual buildings. The Common Areas will not include any of the parking areas or private drive isles located on an Owner's Lot. Those drive aisles that are included within the Common Areas are shown crosshatched on Exhibit C attached to this Declaration. 1.4 "Common Area Costs" means all reasonable expenses paid or incurred in maintaining, operating, repairing, replacing and administering the Common Areas and the Common Facilities, and the personal property used in connection therewith, including without limitation, the costs of water, electricity, fuel; services; supplies; snow, garbage and refuse removal; landscape maintenance; service of independent contractors; the cost of liability insurance covering the Common Areas and the Common Facilities naming all Owners (and their Mortgagees) as additional insureds; taxes on personal property owned by the Operator and used primarily in connection with the operation or maintenance of the Common Areas and the Common Facilities; subsidies and other payments required by public bodies, including those for traffic signals and controls to the extent that they benefit all of the Owners; legal and accounting expenses and all other expenses or charges whether or not described above which, in accordance with generally accepted accounting and management practices, would be considered an expense of maintaining, operating, repairing, replacing and administering the Common Areas and the Common Facilities. Common Area Costs will include an administrative fee to the Operator in the amount of ten percent (10%) of all other Common Area Costs, excluding the administrative fee. 1.5 "Common Facilities" means facilities located in a building on a Lot and operated by Declarant or any successor Operator, which are available for the use of all tenants of the Park. The Common Facilities consist of (a) an exercise facility located in Suite 109 on the first floor of Building 8 of the Park at 635 Andover Park West in Tukwila, Washington, and (b) a conference room located in Suite 105 on the first floor of Building 8 of the Park at 635 Andover Park West in Tukwila, Washington. 1.6 "Development Standards" means those specifications set forth in Article VII of this Agreement. 1.7 "First Class Condition" means those standards upheld in maintenance, operation and/or condition of a well maintained suburban office/business complexes of similar age, design and composition to that of the Park located in south King County, Washington. 1.8 "Index" means the Consumer Price Index for All Urban Consumers (CPI- U) - Seattle -Tacoma -Bremerton (1982-1984 = 100), as published by the U.S. Department 3924/060 03/14/17 tbarke\southcenter corp square -3- cc&rs2 of Labor's Bureau of Labor Statistics (the "Bureau"). If the Bureau ceases to quote the Index or the Index is otherwise discontinued, the Index will be the replacement index of consumer prices published by the Bureau or if none a substitute index of consumer prices selected by the Operator. 1.9 "Lender" has the meaning given to it in Section 9.1. 1.10 "Lender's Deed of Trust" has the meaning given to it in Section 9.1. 1.11 "Lot" means and refers to any legally segmented and alienable portion of the Park, now existing or hereafter created through subdivision, short subdivision, boundary line adjustment, binding site plan approval or any other legal process for dividing land, with the exception of public streets and other publicly owned areas. 1.12 "Mortgage" means any recorded mortgage or deed of trust encumbering one or more of the Lots, including without limitation the Lender's Deed of Trust. 1.13 "Mortgagee" means and refers to the holder or beneficiary of any mortgage and will not be limited to institutional mortgagees. 1.14 "Occupant" means a lessee, tenant, or licensee of any Owner, or any person or entity other than Owner in lawful possession of a Lot or any portion thereof, with the permission of the Owner of such parcel. 1.15 "Operator" means the Owner (or third party manager) responsible for the maintenance, repair, operation and management of the Common Areas under the terms of this Agreement. 1.16 "Owner" means and refers to the record owner (whether one or more persons or entities) of a fee interest in any Lot, but excluding Mortgagees or other persons or entities having such interest merely as security for the performance of an obligation. Purchasers or assignees under recorded real estate contracts will be deemed Owners as against their respective sellers or assignors. Where a Lot is subject to a ground lease from the Owner of a Lot, with respect to such Lot, the term "Owner" means the ground lessee and not the ground lessor under the ground lease. ARTICLE II: MAINTENANCE OF LOTS, COMMON AREAS AND COMMON FACILITIES 2.1 Control of Common Areas and the Common Facilities. So long as Declarant owns any of the Lots, unless Declarant resigns or is removed as provided in this Agreement, Declarant will be the Operator and will have exclusive control over the Common Areas and the Common Facilities for maintenance purposes, responsibility for 3924/060 03/14/17 tbarke\southcenter corp square -4- cc&rs2 maintaining the Common Areas and the Common Facilities, andthe right to contract with others and employ personnel at reasonably competitive market rates for such purposes. After Declarant no longer has any interest in any of the Lots, the Owners will select an Owner or third party property manager to act as Operator in accordance with the voting provisions of Section 2.5. 2.2 Common Area Standards. Except as otherwise provided in this Agreement, the Operator will operate and maintain or cause to be operated and maintained the Common Areas and the Common Facilities, in good order, condition and repair, reasonable wear and tear excepted, and in a First Class Condition. The Operator may delegate its duties under this Agreement to a property management company who performs property management functions with respect to portions of the Park owned by the Operator, provided as between the Owners and Operator, Operator will continue to remain principally responsible for the performance of the obligations and liabilities delegated to Operator under this Agreement. 2.3 Reimbursements. (a) Each Owner will pay to Operator its Allocable Share of all Common Area Costs in accordance with the terms of this Section 2.3. By December 1 of each calendar year, the Operator will provide to each Owner an estimated Common Area Costs budget for the Common Areas and the Common Facilities for the coming calendar year (the "Budget"). Except as provided below, the Budget will not require the approval of the Owners. Each Owner will pay to the Operator, within ten (10) days after the beginning of each calendar month during the applicable calendar year, 1/12th of the amount estimated by Operator as such Owner's Allocable Share of the estimated Common Area Costs for such calendar year. Within one hundred fifty (150) days after the end of each calendar year, the Operator will provide to each other Owner a full and complete statement of the Common Area Costs incurred during the preceding calendar year, and if any Owner has paid more than its Allocable Share, the Operator will refund to such Owner the amount of the excess within thirty (30) days following receipt of such statement. Should any Owner have paid less than its Allocable Share during the preceding calendar year, then such Owner will pay to the Operator, within thirty (30) days following the receipt of such statement, the deficiency in its Allocable Share. (b) Notwithstanding any other provision in this Agreement, if the Budget for any calendar year provides for an increase in the estimated Common Area Costs for any calendar year over the actual Common Area Costs for the prior calendar year by an amount greater than the sum of (i) the percentage increase in the Index most recently published prior to December 1 in the then current calendar year over the Index most recently published prior to the preceding December 1, plus (ii) an additional five percentage points per annum, the Budget will be subject to the approval of Owners with at 3924/060 03/14/17 tbarke'southcenter corp square -5- cc&rs2 least sixty percent (60%) of the aggregate of all Allocable Shares. In addition, if the actual Common Area Costs exceed the estimated Common Area Costs in the annual Budget submitted to the Owners under Section 2.3(a) above by more than ten percent (10%), the amount of the increase must be approved by Owners with at least sixty percent (60%) of the aggregate of all Allocable Shares. (c) The Operator will maintain (or cause its property manager, if any, to maintain) books and records regarding Common Area Costs and the determination of the respective Allocable Share of each Owner for the applicable calendar year in accordance with a system of accounts and accounting practices consistently maintained on a year to year basis. The Operator will keep (or cause its property manager, as applicable, to keep), such books and records for a period of two (2) years after the end of each calendar year; provided, in the event of a dispute regarding the Allocable Share of any party, all such books and records will be maintained until resolution of the dispute. Each Owner will have the right, exercisable not more than once during any calendar year, and upon at least ten (10) days notice to the Operator, to review the books and records of the Operator (or its property manager) relevant to any statement or statements rendered by Operator under this section. If in an Owner's opinion, such review discloses an error in the Operator's (or its property manager's) books and records with regards to the calculation of the Allocable Share of such Owner, such Owner may cause an audit of the Operator's (or its property manager's) books and records which will be conducted by an independent certified public accountant designated by such Owner and reasonably acceptable to the Operator, who does not represent and is not employed by either the Owner or Operator (or their respective property managers, if any) on any other matters. If any such audit discloses that an Owner overpaid its Allocable Share for any calendar year, the Operator will pay the Owner the amount of the overpayment within thirty (30) days after the results of the audit have been disclosed to all parties. If any such audit discloses an Owner underpaid its Allocable Share during any calendar year, such Owner will pay the Operator the amount of the underpayment within thirty (30) days after the results of the audit have been disclosed to both parties. All costs and expenses of the audit will be paid by the Owner who requests the audit; however, if any such audit discloses an error which results in the overpayment by such Owner of its Allocable Share of Common Area Cost by ten percent (10%) or more, the Operator will promptly reimburse such Owner for the costs of the audit, which costs will not be charged as a Common Area Cost. Any audit or review of the Operator's books and records will occur at the principal office of the Operator (or its property manager, as applicable) in Seattle, Washington, or at such other location as the Operator (or its property manager) designates in the Seattle metropolitan area, and will occur during the normal business hours of the Operator (or its property manager). The results of any audit or review of the Operator's (or its property manager's) books and records and any information obtained from such review or audit will be kept confidential and any Owner conducting an audit or review under this section will require that its agents and representatives agree in writing to keep such information confidential. 3924/060 03/14/17 tbarke\southcenter corp square -6- cc&rs2 2.4 Taxes. Except as otherwise provided in this Section 2.4, each Owner will pay before delinquency all real and personal property taxes, general and special assessments, including local improvement assessments, and other charges of every description, levied on or assessed against its Lot and on personal property located on or in its Lot. 2.5 Removal or Resignation of Operator. Any Owner acting as the Operator may be removed as the Operator upon written notice by an affirmative vote of Owners with greater than sixty percent (60%) of the Allocable Shares of all Owners. If an Operator is so removed the replacement Operator will be the Owner designated as the Operator by an affirmative vote of the Owners with greater than sixty percent (60%) of the Allocable Shares of all Owners. In the event that such vote does not result in any replacement Operator receiving a vote of more than sixty percent (60%) of the Allocable Shares of all Owners, then the Owner with the greatest number of Allocable Shares will serve as replacement Operator. Any such replacement Operator will be subject to all of the rights and obligations of the Operator under .this Agreement accruing after the effective date of its appointment. Any Owner acting as the Operator will have the right, upon ninety (90) days prior written notice to the other Owners, to resign as the Operator in which event the Owners will designate a replacement Operator by a vote of at least by an affirmative vote of the Owners with greater than sixty percent (60%) of the Allocable Shares of all Owners. In the event of the removal or resignation of an Operator, if the Owners have not within thirty (30) days thereafter designated an Owner as the Operator as provided above, then unless otherwise agreed by the Owners, the Operator will be a property management company, with experience operating suburban office/business complexes in the Seattle, Washington metropolitan area, which will be selected and be approved by vote of the Owners, with the property management company receiving the votes with the greatest numbers of the Allocable Shares of all Owners becoming the Operator. In lieu of the 10% administrative fee, which shall not be paid, such property manager will be paid the standard market fee to act as the Operator and such fee will constitute a Common Area Cost. Notwithstanding any other provision of this Agreement, any Owner acting as the Operator under this Agreement will have no liability to the other Owner for acts undertaken in good faith in the exercise of reasonable business judgment, and in no event will any Owner acting as the Operator be liable to the other Owners other than for acts or omissions which constitute gross negligence or willful misconduct. 2.6 Rules and Regulations. The Operator will have the power to adopt (and from time to time amend) reasonable, nondiscriminatory rules and regulations concerning the Common Areas and the Common Facilities provided that such rules and regulations are not inconsistent with the provisions of this Agreement. Each Owner agrees to observe and comply with, and cause its Occupants to observe and comply with, such rules and regulations related to the Common Areas and the Common Facilities. 3924/060 03/14/17 tbarke\southcenter corp square -7- cc&rs2 2.7 Maintenance and Operation of Lots. (a) Maintenance and Operation of Lots. Each Owner will maintain its Lot, buildings and improvements, including any signage present on the Lot, in First Class Condition and in compliance with all laws, rules, regulations, orders and ordinances of the relevant governmental authorities, as well as the provisions of this Agreement. Each Owner further agrees to maintain and repair, at its sole cost, in a clean, sightly and safe condition any exterior shipping/receiving dock area, any truck ramp or truck parking area and to store all trash and garbage in adequate containers maintained in a neat and clean condition and to be shielded in such a way that they will not be readily visible from any portion of the Common Areas or public streets. Each Owner will also arrange, at its sole cost. for regular removal of such trash and garbage from that Owner's Lot. The landscaping on all Lots will be neatly and attractively maintained, and will be cultivated and planted to the extent required to maintain an appearance in harmony with other Lots in the Project. Each Owner will maintain the landscaping on its Lot at its sole cost. The signage on each Lot will be stylistically consistent with signage throughout the Park. Each Owner shall maintain all parking areas, driveways, curbs and walkways located on its Lot in a clean and safe condition, including the paving and repairing or resurfacing of such areas when necessary with the type of material originally installed thereon or such substitute therefor as shall, in all respects, be equal or superior in quality, appearance and durability. In the event that an Owner fails to maintain its Lot, buildings, improvements, signage and landscaping in a First Class Condition, the Operator may have the Lot, buildings, improvements and/or landscaping maintained in a First Class Condition, subject to the notice provisions in subsection (b) below, and may charge the Lot Owner for the work in accordance with the provisions of Section 2.7(b). An Owner will not allow a condition to exist on its Lot which will materially and adversely affect any other Lot or any other Owner, and that is inconsistent with the terms of this Agreement. (b) Substitute Performance. Each Owner affirms its covenant to perform the maintenance and repair obligations stated in subsection (a) above. If the Operator reasonably believes that the conditions on any Lot do not meet the requirements of this Section 2.7 the Operator will provide the Owner with thirty (30) days prior written notice (except in the case of emergency where only reasonable notice prior to or after the emergency will be required and except after three such notices inany twelve month period where no further prior notice will be required) to perform the required maintenance and repair on such Owner's Lot. If the Owner does not perform such maintenance and repair within the 30-day period (except in case of emergency) or, to the extent the obligation cannot be fully performed within such 30-day period due to unavailability of materials or other causes beyond the Owner's reasonable control, fails to commence performance of the obligation within such 30-day period and/or fails thereafter to pursue performance diligently to completion, the Operator will have the right to perform such maintenance and repair on the Owner's Lot without the necessity of giving any further notice under this 3924/060 03/14/17 tbarke\southcenter corp square - 8 - cc&rs 2 Agreement. In connection therewith, each Owner grants to the Operator and its agents, employees, representatives and contractors the right to enter upon such Owner's Lot for the purposes of performing such maintenance and repair. The non -performing Owner will pay all reasonable costs and expenses incurred by the Operator in connection with performing the maintenance and repair within ten (10) days after receipt of any statement form the Operator. If the Owner fails to timely reimburse the Operator for all reasonable costs and expenses incurred by the Operator in the performance of such work, the costs and expenses, together with interest thereon at determined in accordance with Section 10.3 of this Agreement, from the date due until paid in full, and together with such costs and reasonable attorneys' fees as may be incurred in seeking to collect such amounts, will be not only the personal obligation of such Owner, but will also be a charge on the land and will be a continuing lien upon the Owner's Lot, provided that such lien will be subordinate and inferior to (a) the lien of all taxes, bonds, assessments and other levies which by law would be superior thereto, and (b) the lien of any Mortgage against the Owner's Lot recorded prior to the recording of the lien. Such lien will be recorded and foreclosed in accordance with Section 10.3 hereof. ARTICLE III: INDEMNIFICATION AND INSURANCE 3.1 Indemnity - Buildings. Each Owner ("Indemnifying Party") will indemnify, defend and hold harmless each other Owner and their Occupants (each an "Indemnified Party") from and against all claims and all costs, expenses and liabilities (including reasonable attorneys' fees and costs) incurred in connection with all claims, including any actions or proceedings brought thereon, arising from or as a result of the death of or any action, injury, loss or damage to any person or to the property of any person as will occur within the portion of the Park owned by the Indemnifying Party, except for claims caused by the negligence or willful misconduct of an Indemnified Party, its licensees, agents, employees and contractors. Whenever a provision for indemnity is set forth in this Agreement, in the event of the concurrent negligence of any party bound by this Agreement, which concurrent negligence results in injury or damage to person or property and relates to the construction, alteration, repair, addition to, subtraction from, improvement to or maintenance of the Park, the obligation to indemnify (including payment of the costs, expenses and attorneys' fees incurred by the party being indemnified in connection with the claim, action or proceeding brought with respect to such injury or damage) will be limited to the extent of the negligence of the party required to indemnify. The obligations of the Indemnifying Party under any indemnity provided for in this Agreement will not be limited by, and all persons now or hereafter bound by this Agreement waive, any worker's compensation provision (including but not limited to RCW Title 51) to the contrary or so limiting. EACH PARTY NOW OR HEREAFTER BOUND BY THIS AGREEMENT ACKNOWLEDGES AND AGREES THE INDEMNIFICATION AND WAIVER PROVISIONS SET FORTH IN THIS 3924/060 03/14/17 tbarke\southcenter corp square -9- cc&rs2 AGREEMENT WERE SPECIFICALLY NEGOTIATED AND AGREED TO BY THE PARTIES. 3.2 Property Insurance. Each Owner will carry or cause to be carried fire and extended coverage insurance in an amount equal to at least ninety percent (90%) of the replacement cost (exclusive of the cost of excavation, foundations and footings) of the improvements (including the Common Areas and the Common. Facilities) located on its Lot, insuring against loss by fire and such other risks generally covered by extended coverage insurance. Such insurance will be carried with financially responsible companies licensed to do business in the State of Washington. Each Owner will use reasonable efforts to cause any Mortgagee of its Lot to agree to allow insurance proceeds to be used to pay for the cost of repairing and restoring Common Areas and the Common Facilities located on the Lot as provided for in this Agreement. During construction of improvements on its Lot, the insurance required under this Agreement must be in "builder's all-risk" form. 3.3 Liability Insurance. Each Owner will at all times during the term of this Agreement, maintain or cause to be maintained in full force and effect, commercial general liability insurance covering its Lot or Lots. Such insurance will (i) include coverage for any action resulting in personal injury to or death of any person and consequential damages arising therefrom, (ii) be in an amount of not less than $2,000,000 per occurrence, (iii) be issued by a financially responsible insurance company or companies licensed to do business in the State of Washington, and (iv) at the request of any other Owner expressly name such other Owner as an additional insured. Unless otherwise agreed in writing by the Owners, the Operator will purchase and maintain for the benefit of all Owners, commercial general liability insurance covering the Common Areas and the Common Facilities in the amounts set forth above. The reasonable cost of any such insurance obtained by the Operator will be treated as a Common Area Cost, and any insurance policy so obtained by Operator will name all Owners (and their Mortgagees) as additional insureds. Each Owner (including Operator) will furnish to any other Owner requesting the same evidence that the insurance required of it under this Agreement is in place. 3.4 Waiver of Subrogation. No Owner will be liable to any other Owner or to any insurance company (by way of subrogation or otherwise) insuring another Owner for any loss or damage to any building, structure or tangible personal property of the other occurring in or about the Park, even though such loss or damage might have been occasioned by the negligence of such party, its agents or employees, if such loss or damage is covered by insurance benefiting the party suffering such loss or damage or was required to be covered by insurance under terms of this Agreement. Each Owner will cause each insurance policy obtained by it to contain the waiver of subrogation clause. 3924/060 03/14/17 tbarke\southcenter corp square - 10 - cc&rs 2 ARTICLE IV: RESTORATION 4.1 Restoration of Common Areas and the Common Facilities. In the event of any damage or destruction to, or taking by any governmental authority of all or any part of the Common Areas or the Common Facilities, the Operator will restore, repair or rebuild such Common Areas or the Common Facilities with reasonable diligence. Such restoration and repairs must be in accordance with the requirements of this Article 4. To the extent insurance or condemnation proceeds are insufficient to pay for the cost of such work, then all such excess costs and expenses of restoration and repair will be paid by the Owners in accordance with their respective Allocable Shares within thirty (30) days after written notice from the Operator. 4.2 Insurance and Condemnation Proceeds. Each Owner covenants that, unless the terms of the Mortgage on its Lot directs otherwise, all insurance and condemnation proceeds, if any, payable on the account of any damage or destruction to or taking of the Common Areas or the Common Facilities will first be made available to the Operator for the repair and restoration of any such damaged Common Areas or Common Facilities. Subject to the terms of the preceding sentence, any award for damages, whether obtained by agreement prior to or during the time of any court action or by judgment, verdict or order, or by agreement after any such action, resulting from a taking by exercise of the right of eminent domain of all or any portion of an Owner's Lot will belong to the Owner of any Lot so affected. Each Owner will use reasonable efforts to cause any Mortgagee of its Lot to agree to allow insurance and condemnation proceeds to be used to pay for the cost of repairing and restoring Common Areas or the Common Facilities located on the Lot as provided for in this Agreement. 4.3 Licenses for Reconstruction. From time to time, an Owner may require and is granted a temporary license to use portions of the Common Areas for purposes of: (a) performing maintenance upon and making repairs to andlor making construction alterations, additions and improvements, or raising and replacing the whole or any part of the improvements located on its Lot including the Common Areas located thereon, and (b) obtaining access, ingress and egress to and from the improvements located on its Lot, including the Common Areas located thereon, as the case may be, to carry on such maintenance, repair and construction activities. With respect to all purposes for which a temporary license is needed, within a reasonable time prior to commencement of any such maintenance, repair or construction activities, the Owner desiring to undertake the same will submit to the other Owner whose Lot is affected, for its approval (which approval will not be unreasonably withheld or delayed), a plot plan of the Park on which will be delineated those portions of the Common Areas with respect to which such Owner reasonably requires a temporary license in connection with such repair, maintenance and construction activities, together with a description of and a schedule of the work, and the other Owner will, within ten (10) business days thereafter, notify the requesting Owner 3924/060 03/14/17 tbarke\southcenter corp square - 11 - cc&rs 2 whether it approves or disapproves of such use. A failure to notify the requesting Owner in writing of the approval or disapproval thereof within the foregoing ten (10) business day period will constitute approval. If an Owner disapproves of any such use proposed by the other Owner, it must so notify the requesting Owner in writing and then the Owners will promptly meet and, acting in good faith, use their best efforts to resolve their differences. At all times during any Owners' use of the portion of the Common Areas as permitted by this section, such Owner will comply with all applicable requirements of this Agreement and upon cessation of such use will promptly restore the portions of the Common Areas so used to the condition in which the same were prior to the commencement of such use, including the clearing from such area of all loose dirt, debris, equipment and construction materials. Such Owner will also restore, at its cost and expense, any portions of the Park which may be damaged by such activities, promptly upon the occurrence of any such damage, and will at all times during the period of any such activities keep all portions of the Park, except that portion of those improvements upon which such activities are being performed, and except the portions of the Common Areas being utilized by such Owner under this section, free from and unobstructed by any loose dirt, debris, equipment or materials related to such activities. 4.4 Clearing. In the event of damage or destruction to any improvements to a Lot, if the Owner of such Lot elects not to repair, restore or rebuild such improvements that have been damaged or destroyed, then such Owner will demolish such improvements or the part thereof so damaged or destroyed, and all areas not restored to their original condition will be leveled and cleared. All leveled and cleared areas will be kept weed free and clean at the expense of the Owner until such time as buildings are constructed thereon. ARTICLE V: RESTRICTIVE COVENANTS; USES 5.1 Prohibited Uses. (a) The following operations and uses will not be permitted in the Park: (a) trailer courts or recreation vehicle campground; (b) heavy industrial uses, junkyards, wrecking yards or recycling facilities, including, without limitation, battery and commercial solvent recycling or reclamation facilities; (c) mining, drilling for, or removing oil, gas or other hydrocarbon substances; (d) refining of petroleum, or of its products; (e) commercial excavation of building or construction materials, provided that this prohibition will not be construed to prohibit any excavation necessary in the course of approved construction on a Lot; (f) a storage, treatment or disposal facility for "Hazardous Substances" (defined below), provided that this prohibition will not be construed to prohibit storage or treatment of Hazardous Substances that are normally used in a general business office so long as such storage and treatment is in compliance with Section 5.3 below; (g) dumping, disposal, incineration, or reduction of garbage, sewage, offal, dead animals, Hazardous Substances or other refuse; (h) smelting of iron, tin, zinc or any other 3924/060 03/14/17 tbarkesouthcenter corp square - 12 - cc&rs 2 ore or ores; (i) automobile, go-cart, motorcycle or quarter -midget race tracks or other vehicle endurance racetracks; (j) wood treating facilities; (k) pesticide formulators; (1) asphalt production; (m) single family or multi -family residential housing; (n) massage parlor, or adult bookstore, video store or arcade or entertainment facility selling, distributing or displaying pornographic materials, or (o) the use or operation of any facility selling, growing, distributing or handling marijuana or cannabis based substances. Notwithstanding the foregoing, each Owner and its Occupants shall be permitted to park commercial vehicles upon such Owner's Lot in connection with the use, operation and occupancy of the Lot. (b) No Owner will use or permit the use of its Lot:, or any portion thereof, whether by an Occupant or otherwise: (i) for the conduct of any offensive, noisy or dangerous trade, business, manufacturing activity or occupation inconsistent with the operation of a of a well maintained suburban office/business complex in south King County; (ii) for the maintenance of any legal nuisance or the conduct of any activity which violates public policy, (iii) for any activity which physically and substantially interferes with the business of any other Occupant of the Project except as otherwise permitted under this Agreement, (iv) in violation of any law, ordinance, rule or regulation of any government authority having jurisdiction over the Project or any portion thereof, (v) use of its Lot not compatible with the operation of a of a well maintained suburban office/business complex in south King County, Washington and related parking facilities, including, without limitation, Occupant advertising media which can be heard or experienced from the exterior of any Building or other improvement from which it emanates, such as search lights, loud speakers, phonographs, radios or televisions. 5.2 Liens and Encumbrances. Each Owner will keep the Common Area free and clear of, and will indemnify, defend and hold the other Owners harmless from, any and all liens and encumbrances arising or growing out of such Owner's acts or omissions, other than a Mortgage on the Owner's own Lot. If any lien is so filed against the Common Areas, the Owner responsible therefor will cause the same to be fully discharged and released of record within thirty (30) days after the filing of the same. Each Owner will have the right to contest in good faith by appropriate legal or administrative proceeding the validity of any prohibited lien, encumbrance or charge so long as (i) the Owner immediately commences its contest of such lien, encumbrance or charge, and continuously pursues the contest in good faith and with due diligence; (ii) foreclosure of the lien, encumbrance or charge is stayed pending the resolution of the contest; and (iii) the Owner pays any judgment rendered for the lien claimant or other third party within ten (10) days after the entry of the judgment. 5.3 Hazardous Substances. No Owner will keep nor permit any of its Occupants, employees, invitees, or contractors or agents to keep any substances designated as, or containing components now or hereafter designated as, hazardous, dangerous, toxic 3924/060 03/14/17 tbarke\southcenter corp square -13- cc&rs2 or harmful and/or subject to regulation under any federal, state or local law, regulation or ordinance ("Hazardous Substances") on or about its Lot. Notwithstanding the preceding sentence, an Owner may use, store and dispose of, or may permit others to use, store and dispose of, in, on and from its Lot, materials and supplies otherwise constituting Hazardous Substances that are normally used in the operation or maintenance of commercial real estate or generally used in a general business and/or office, provided such materials and supplies are used, handled, stored and disposed of in accordance with all applicable governmental rules, regulations, laws and requirements, and in accordance with all applicable manufacturers' or suppliers' recommendations. As between the Owners (but not for the purpose of establishing the liability of any Owner to a third party), each Owner will be fully and completely liable to the other Owners for any and all cleanup costs and expenses and any and all other charges, expenses, fees, fines, penalties (both civil and criminal) and costs imposed with respect to the use, disposal, transportation, generation and/or sale of Hazardous Substances, in or about the responsible Owner's Lot, and each Owner will indemnify, defend and hold the other Owners and the Occupants of the other Owners' Lots, harmless from any and all of the costs, fees, penalties, charges and expenses (including reasonable attorneys' fees and costs) assessed against or incurred by such other Owners or their Occupants as a result of the use, disposal, transportation, generation and/or sale of Hazardous Substances on or from the indemnifying Owner's Lot. 5.4 Notification Regarding Hazardous Substance From Governmental Authority. Any Owner that receives a notice, claim, lawsuit, or other correspondence from any federal, state or other governmental authority relating to the threat, presence or investigation of any "hazardous material" or "hazardous substance" or "pollutant" or "contaminant" on its Lot or any adjacent area, will provide copies of same to all Owners within ten (10) days of receipt. 5.5 Condition of Property. Each Owner will be obligated to maintain its Lot at its own expense in a First Class Condition. 3924/060 03/14/17 - 14 - cc&rs 2 tbarke\southcenter corp square ARTICLE VI: CONSTRUCTION OF IMPROVEMENTS 6.1 Required Approvals of Plans Required. (a) All buildings and improvements now or hereafter located on any Lot will be subject to the Development Standards and will be built and maintained in compliance with all applicable laws. In addition, so long as Declarant owns any of the Lots, no improvements will be erected or placed on any Lot and no exterior alterations will be made to existing improvements on a Lot or improvements hereafter erected or placed on a Lot until descriptive plans and specifications have been submitted to and approved in writing by Declarant, which such approval shall not be unreasonably withheld, conditioned or delayed. Approval required by this subsection will apply to and include signs. The descriptive plans and specifications will be submitted in duplicate over the authorized signature of the Owner or Occupant, or both, of the Lot or the authorized agent thereof, to Declarant, as required by this Section 6.1. The plans and specifications must be in a reasonably informative and detailed form, but will in any event include the following to the extent applicable to the improvements: (i) a site development plan of the Lot showing the nature, grading, scheme, kind, shape, composition and location of all structures with respect to the particular Lot (including proposed front, rear and side setback lines); (ii) a landscaping plan for the particular Lot; (iii) a plan for the location of signs and lighting; (iv) general building elevations and plans showing dimensions, materials and the external color scheme; and (v) site drainage plan showing water flows and collection and containment facilities, if any. (b) Material changes (whether at the initiative of the Owner or Occupant or to comply with applicable laws) in plans and specifications previously approved by Declarant must be similarly submitted to and approved by Declarant, as required by this Section 6.1. For purposes of the foregoing, a "material change" means any change that requires the approval of the local governmental jurisdiction or a change in exterior appearance, color or finishes. (c) In addition to the review process set forth in Section 6.1(a), exterior alterations to any Lot must meet the following: (i) no Owner without the consent of the other Owners may change any of the Common Areas located on its Lot, and (ii) all exterior alterations must be in conformance with the Development Standards. 6.2 Future Development. By acquiring its Lot subject to the terms of this Agreement, each future Owner agrees it will not oppose any future development by any other Owner on a Lot so long as such development is done in accordance with the Development Standards. 3924/060 03/14/17 - 15 - cc&rs 2 tbarke\southcenter corp square 6.3 Basis for Approval. Approval of plans and specifications submitted to Declarant under Section 6.1 above will be based upon, among other things, conformity and harmony of external design and placement with neighboring structures and streets, effect of location and use of proposed improvements upon adjacent Lots, and adequacy of screening of mechanical, air conditioning or other rooftop or exterior installations. Disapproval must be specific. Upon disapproval of plans or specifications (or changes thereto) submitted to Declarant, neither the Owner nor the Occupant requesting the approval will take any further action regarding the proposed improvement or alterations to improvements until revising, resubmitting and obtaining the approval of such revised plans and specifications by Declarant. 6.4 Result of Inaction. If Declarant fails to either approve or disapprove plans and specifications submitted to it within fifteen (15) days after the same have been received, the submission will be deemed approved. Notwithstanding any deemed approval of plans and specifications submitted, the Owner or Occupant seeking the approval must comply with the provisions of this Agreement in connection with making any planned Improvements to its Lot. Declarant will notify the Owner and/or Occupant seeking its approval in writing upon receipt of all required plans and specifications, and the aforementioned fifteen (15) day period will commence on the date all required plans and specifications and other information are received by Declarant. Unless within seven (7) days after receiving a submission Declarant notifies in writing the Owner or Occupant requesting its approval of the submission that the plans and specifications and other information are incomplete, the submission will be deemed complete for purposes of this Section 6.4. 6.5 Proceeding with Work. Upon receipt of approval of the descriptive plans and specifications from Declarant, the Owner or Occupant, or both, to whom the same is given, will, as soon as practicable, satisfy any and all conditions of such approval and will diligently proceed with the commencement and completion of all approved excavation, construction, refinishing and alterations. In all cases, work will commence within one (1) year from the date of last approval, and if work is not so commenced approval will be deemed revoked unless Declarant, underwritten request made and received prior to the expiration of the one (1) year period, extends the period of time within which work must be commenced. Any and all excavation, construction, refinishing and alteration work will proceed only if in conformity with all applicable laws and under valid permits from all necessary governmental authorities. 6.6 Completion of Work. Any improvements commenced under this Agreement will be completed in accordance with approved descriptive plans and specifications within two (2) years from commencement of construction of that Improvement, except that such period may be extended for so long as such completion is delayed due to strike, fire, national emergency, natural disaster or other cause (other than 3924/060 03/14/17 tbarke\southcenter corp square - 16 - cc&rs 2 financial) beyond the control of the Owner or Occupant. Declarant may, upon written request received prior to the expiration of the two (2) year period, extend the period of time within which work must be completed. Failure to comply with this Section 6.6 will constitute a breach of this Agreement and subject the party in breach to the 'enforcement procedures set forth in this Agreement. 6.7 Construction Without Approval. If any improvement or sign will be erected, altered, placed or maintained upon any Lot, or any new use commenced upon any Lot, other than in accordance with the approval by Declarant under the provisions of this Article 6, such alteration, erection, placement, maintenance or use will be deemed to have been undertaken in violation of this Agreement, and upon written notice from Declarant any such improvement so altered, erected, placed, maintained or used upon any Lot in violation of this Agreement will be removed or altered so as to conform to this Agreement. Should such removal, alteration or cessation or amendment of use not be accomplished within thirty (30) days after receipt of such notice, and then the party in breach of this Agreement will be subject to the enforcement procedures set forth in this Agreement. 6.8 Enforcement. Declarant's approval and enforcement of the terms and conditions under this Section and the entire Agreement shall be performed in a nondiscriminatory manner. ARTICLE VII: DEVELOPMENT STANDARDS 7.1 Total Building Area. The total area of all buildings, including any dock areas, within any Lot will not exceed the total area allowed by applicable zoning laws or any recorded binding site plan or map affecting the Park. 7.2 Underground Utilities. Except for easements or utilities existing as of the date of this Agreement, and hoses and the like which are reasonably necessary in connection with normal lawn maintenance, and except as otherwise required by any utility provider, no water pipe, sewer pipe, gas pipe, drainage pipe, telephone, power or television cable, or similar transmission line on the Property shall be installed or maintained above the surface of the ground; provided, however, an Owner shall be permitted to install underground utilities within its Lot provided that is obtains all necessary permits and complies with the terms and conditions set forth in Section 7.3 below. 7.3 Utility Lines and Rooftop Equipment. No sewer, drainage or utility lines or wires or other devices for the communication or transmission of electric current, power, or signals, including telephone, television, microwave or radio signals, will be constructed, placed or maintained any where in or upon any portion of a Lot other than within buildings or structures or on rooftops, unless the same will be contained in conduits or cables 3924/060 03/14/17 tbarke\southcenter corp square - 17 - cc&rs 2 constructed, placed or maintained underground or concealed in or under buildings or other structures. 7.4 Mechanical Equipment. All mechanical equipment, storage tanks, generators, air conditioning equipment and similar items will be screened with landscaping or attractive architectural features integrated into the structure itself which screening will include both acoustic barriers and visual screening appropriate to reduce noise and unsightliness of equipment. So long as Declarant owns any Lot, Declarant must approve all screening. ARTICLE VIII: EASEMENTS 8.1 Ingress and Egress. Subject to the terms and conditions set forth in Section 8.2(a) below, Declarant, as grantor, grants to all present and future Owners, as grantees, for their benefit and the benefit of their respective tenants, contractors, employees, agents, customers, licensees and invitees, and the subtenants, contractors, employees, agents, customers, licensees of such tenants (collectively the "Benefited Parties"), a nonexclusive easement for ingress and egress from the public streets and roadways adjacent to the Park for vehicular and pedestrian traffic over and across the driveways and private roadways located within the Common Area on the grantor's Lot. Nothing in this Agreement is intended to create any reciprocal parking easements among the Lots with respect to the use of the parking areas now or hereafter located on the Lots. 8.2 No Barriers, Etc. Except as set forth in this Section 8.2, no walls, fences or barriers of any kind will be constructed or maintained on any Lot or in the Common Areas or any portion thereof by any Owner. Subject to obtaining the necessary permits from the applicable governing agencies, however, the Owner or Occupant of Lot 2 shall be permitted to install security gates restricting access to or through the west side of its Lot. The type and location of such gates shall be approved by the applicable governing agencies. 8.3 Utility Lines and Facilities. (a) Declarant, as grantor, grants to all present and future Owners, as grantees, a nonexclusive easement under, through and across the Common Areas located on the Lots for the installation, operation, maintenance, repair and replacement of water drainage systems or structures, water mains, sewers, water sprinkler system lines, telephones, gas mains and other public or private utilities. All such systems, structures, mains, sewers, lines and other facilities must be installed and maintained below the ground level or surface of such easement except for ground mounted electrical transformers and such other facilities as are required to be above ground by the utility providing such service (including temporary service required during the construction, maintenance, repair, 3924/060 03/14/17 tbarke\southcenter corp square - 18 - cc&rs 2 replacement, alteration or expansion of any buildings or improvements located in the Park). The installation, operation, maintenance, repair and replacement of such facilities will not unreasonably interfere with the use of the improved Common Areas or with the normal operation of any business conducted on a Lot. The grantee will bear all costs related to the installation, operation, maintenance, repairand replacement of such easement facilities, will repair to the original specifications and damage to the Common Area on a Lot resulting from such use and will provide as -built plans for all such facilities to the Owners of all Lots upon which lines of facilities are located within thirty (30) days after the completion of construction of the same. No Owner will commence any work on the Common Area on any Lot without first obtaining the approval of the Owner of such Lot of plans and specifications for the proposed installations and facilities, which approval will not be unreasonably withheld, delayed or conditioned. (b) At any time and from time to time the Owner of a Lot will have the right to relocate on its Lot any line or facility installed under Section 8.3(a) above provided that any such relocation location will (i) be performed only after sixty (60) days advance written notice of the Owner's intention to undertake the relocation has been given to the Owner of each Lot served by the utility line or facility, (ii) not unreasonably interfere with or diminish utility service to the Lot served by the utility line or facility, (iii) not reduce or unreasonably impair the usefulness or function of the utility line or facility, (iv) be performed without cost or expense to any other Owner or Occupant of any Lot served by the utility line or facility, and (v) provide for the original and relocated area to be restored to the original specifications. The Owner performing such relocation will provide as -built plans for such relocated utility lines or facilities to the Owners of all Lots served by such utility lines and facilities within thirty (30) days after the completion of the relocation. (c) Any work proposed to be undertaken by an Owner under this Section 8.3 must be scheduled in advance with any other Owners who will be affected by the work. 8.4 Conduits. Declarant, as grantor, grants to all present and future Owners and their tenants, as grantees, a nonexclusive easement under, through and across the Lots for the operation, maintenance, repair and replacement of the existing telecommunications and fiber optic cable conduits presently located in the Park. The operation, maintenance, repair and replacement of such conduits will not unreasonably interfere with the use of the normal operation of any business conducted on a Lot. 8.5 Intentionally Deleted. 8.6 Common Facilities. Declarant, as grantor, grants to all present and future Owners and their tenants, as grantees, a nonexclusive easement over the Property for the purpose of using the Common Areas and the Common Facilities located on the Lots. 3924/060 03/14/17 tbarke\southcenter corp square -19- cc&rs2 Access to the Common Facilities will be subject to such reasonable security systems and procedures as may be in effect from time to time. 8.7 Telecommunications Demarcation Facility. Declarant, as grantor, grants to all present and future Owners and their tenants, as grantees, a nonexclusive easement for access to the main telecommunications demarcation facility for the Park located in the building currently known as in Tukwila, Washington. In the event of the damage or destruction of such Building, if the Owner of such building elects to repair and restore such building, it also will repair and restore the main telecommunications demarcation facility to its condition immediately prior to the damage or destruction. Access to the telecommunications switching facility will be subject to such reasonable policies and procedures as the Owner of such building may implement from time to time. 8.8 Termination of Easements. Any easement granted under this Article 8 may be terminated by execution of an agreement so terminating the same, by the Owners of the Lots benefited thereby. ARTICLE IX: MORTGAGEES 9.1 Consent of Current Mortgagee. ("Lender") is the present beneficiary of a Deed of Trust encumbering the Property, recorded in the real property records of King County, Washington under Recording No. (the "Lender's Deed of Trust"). By executing this Agreement in the space below, Lender consents to this Agreement and agrees the Lender's Deed of Trust will be subordinate to this Agreement, except as provided in Sections 9.1, 9.2 or 9.4 of this Agreement or as otherwise provided in this Agreement. This Agreement will not in any way amend, modify, waive or otherwise affect the Lender's Deed of Trust or related loan documents, nor Lender's rights thereunder. This Agreement may not be amended, including without limitation any termination of an easement under Section 8.6, without the prior written consent of all Mortgagees. 9.2 Breach will not Defeat Mortgage. Notwithstanding the subordination of any Mortgage to this Agreement or that a lien arising under this Agreement may be prior to the lien of a Mortgage, neither the breach of any of the terms, conditions, covenants or restrictions of this Agreement, nor the Foreclosure of or pursuit of any remedy with respect to any lien arising under this Agreement, will affect, defeat or render invalid the lien or terms of any Mortgage, but (except as otherwise provided in this Agreement) such term, condition, covenant or restriction will be binding upon and effective upon any person (including any Mortgagee) who acquires title to such property affected by the lien of a Mortgage or any portion thereof, whether by foreclosure, trustee's sale, suit or by transfer in lieu of foreclosure or other method (such process being referred to as "Foreclosure"). 3924/060 03/14/17 - 20 - cc&rs 2 tbarke\southcenter corp square 9.3 Mortgagee Notice. The Mortgagee under any Mortgage affecting a Lot will be entitled to receive notice of any default under this Agreement by the Owner whose Lot is encumbered by such Mortgage, provided that such Mortgagee delivers a copy of a notice in the form hereinafter contained to each Owner. The form of such notice will be substantially as follows: The undersigned, whose address is certifies that it is a Mortgagee, as defined in that certain Common Area Cost Sharing Agreement and Covenants, Conditions and Restrictions for Southcenter Corporate Square, of Lot of Southcenter Corporate Square, a legal description attached hereto as Exhibit A and made a part hereof. If any notice of default will be given to the Owner of such Lot, a copy will be delivered to the undersigned who will have all rights of such Owner to cure such default. Failure to deliver a copy of such notice to the undersigned will in no way affect the validity of the notice of default as it respects such Owner, but will make the same invalid as it respects the interest of the undersigned and its Mortgage upon such Lot. So long as the Lender's Deed of Trust encumbers any Lot, provided that Declarant or Lender has provided each party with Lender's notice address, Lender will be entitled to receive notice of any default under this Agreement by the party sending such notice. Any notice given to a Mortgagee (including Lender) will be given in the same manner as provided in Section 11.5 below. Each Owner agrees that if an Owner has failed to cure such default within the time provided for in this Agreement, then Mortgagee will have the right, but not the obligation, to cure such default for a reasonable time (but in no event less than 30 days), or if such default cannot be cured within such reasonable time, then such additional time as may be necessary to cure such default, provided Mortgagee has commenced and is diligently pursuing the remedies necessary to cure such default, in which event the rights of the Owner will not be foreclosed, forfeited or adversely affected by virtue of the pursuit of any remedy arising under this Agreement during such reasonable time or while such remedies are being so diligently pursued. Nothing in this Section will impose any duty on any Mortgagee to cure any default. 9.4 Mortgagee's Title. A Mortgagee, its designee or nominee, or other person that acquires title to such Lot (other than the Owner) through Foreclosure will acquire title to the encumbered Lot free and clear of any lien or claim authorized by or arising out of the provisions of this Agreement, insofar as such lien secures, or such claim is for, the payment of any assessment, charge or other amount relating to events prior to the final conclusion of any such Foreclosure proceeding, including the expiration date of any period of redemption, but subject to all the terms, covenants, conditions, restrictions of this Agreement. After any such Foreclosure, any unpaid assessments, charge or other amount relating to events prior to the final conclusion of such Foreclosure will continue to exist 3924/060 03/14/17 tbarke\southcenter corp square - 21 - cc&rs 2 and remain a personal obligation of the former Owner against whose Lot the same was levied. Any liens authorized, provided for in, or arising out of the provisions of this Agreement will be subject and subordinate to the lien of any Mortgage upon a Lot (provided the Mortgagee is a third party and the Mortgage was given to secure a good faith obligation of the Owner whose Lot is encumbered). The sale or transfer of any Lot or any interest therein will not affect the liens provided for in this Agreement except as otherwise specifically provided for in this Agreement, except that any Foreclosure of Lender's Deed of Trust will foreclose and discharge all such liens arising under this Agreement against all Lots encumbered by the Lender's Deed of Trust for any assessment, charge or other amount relating to events prior the final conclusion of such Foreclosure, including the expiration date of any period of redemption. In the event of a conflict between this Agreement and a Mortgage, the Mortgage will control. ARTICLE X: ENFORCEMENT 10.1 Right to Enforce. Subject to Section 10.2 below, any Owner will have the right to enforce, by any appropriate proceeding at law or in equity, all covenants, conditions, restrictions, reservations, liens and charges now or hereafter imposed by the provisions of this Agreement. Failure or forbearance by any person or entity so entitled to enforce the provisions of this Agreement to pursue enforcement will in no event be deemed a waiver of the right to do so thereafter. 10.2 Binding Arbitration. Except as provided below in this Section 10.2, all disputes among the Owners relating to this Agreement will be settled by binding arbitration if requested by Declarant or any other party to the dispute. Unless otherwise agreed in writing by the parties to the dispute, the arbitration proceeding will be held in Washington State in accordance with the commercial arbitration rules of the American Arbitration Association, and the arbitration will be convened in Seattle, Washington. Unless otherwise agreed in writing by the parties there will be one arbitrator who will decide whether an issue is arbitrable and whether any claim is barred by a statute of limitation. Judgment on any arbitration award may be entered in any court having jurisdiction. Commencement of a lawsuit will not constitute a waiver of the right of any party to request arbitration if the lawsuit is contested. The arbitrator will be paid by both parties, provided, the arbitrator will have the power to award the prevailing party with its costs and expenses (including reasonable attorneys' fees and costs and reasonable travel and other related costs and expenses). Notwithstanding any of the foregoing, any party to the dispute will have the right, during and after the commencement of any arbitration proceeding, to exercise any of the following remedies, in any order or concurrently: (i) self-help remedies provided for in this Agreement; (ii) judicial foreclosure of any lien provided for in this Agreement; and (iii) equitable remedies such as seeking an injunction of any actual or alleged violation of any of the provisions of this Agreement or seeking 3924/060 03/14/17 tbarke\southcenter corp square - 22 - cc&rs 2 specific performance of any provision of this Agreement. The exercise of any such remedies will not waive the parties' right to later request arbitration. 10.3 Effect of Non -Payment. If any payment of any assessment or charge due from an Owner under this Agreement is not made in full within thirty (30) days after it was first due and payable, the unpaid amounts will constitute a lien attaching as of the end of such thirty (30) day period in favor of the Operator against the Lot owned by such Owner and will bear interest from such due date at a rate not to exceed the greater of (a) twelve percent (12%) per annum, or (b) the highest rate then permitted by law. By acceptance of a deed to a Lot, execution of a real estate contract for the purchase of a Lot, or any other means of acquisition of an ownership interest, and whether or not it will be so expressed in any such deed or other instrument, each Owner will be deemed to grant thereby to the Operator, the right and power to bring all actions against such Owner for the collection of such assessments as a debt, together with reasonable attorneys' fees related thereto and to enforce the liens created by this Agreement by foreclosure of the continuing liens in the same form of action as is then provided for the foreclosure of a Mortgage on real property under applicable law; provided that in any Foreclosure of a lien created by or pursuit of any remedy arising under this Agreement, no Occupant of any portion of the Park will be named as a party to the action, nor will any other action be taken which would terminate any such occupancy without the prior written consent of all affected Mortgagees. 10.4 Remedies Cumulative. Except as otherwise provided in Section 10.2 above, the remedies provided for in this Agreement will not be exclusive and are in addition to all other remedies available at law or in equity. The obligations of the Owners and Occupants under this Agreement are unique and any remedy at law (such as damages) is inadequate. In the event of a breach or violation or an attempted breach or violation of this Agreement, except as otherwise provided in Section 10.2 above, the party seeking to enforce this Agreement will be entitled to an injunction or specific performance, in addition to any other rights, remedies and awards available under this Agreement, at law or in equity. ARTICLE XI: GENERAL PROVISIONS 11.1 Non -Waiver. No waiver of any breach of this Agreement will constitute a waiver of any other breach, whether of the same or any other covenant, condition or restriction. 11.2 Attorneys' Fees. In the event of a suit, arbitration or other action or legal proceeding to enforce any provision of this Agreement or to collect any money due under this Agreement or to foreclose a lien, the unsuccessful party (including the Operator) in such suit or action will pay to the substantially prevailing party all costs and expenses, including title reports and all attorneys' fees that the substantially prevailing party has incurred in connection with the suit or action (including without limitation proceedings in 3924/060 03/14/17 - 23 - cc&rs 2 tbarke\southcenter corp square bankruptcy court), in such amounts as the court may deem to be reasonable therein, and also including all costs, expenses and attorneys' fees incurred in connection with any appeal from the decision of a trial court or any intermediate appellate court. 11.3 Interpretation. The captions of the various articles and sections of this Agreement are for convenience of use and reference only and do not define, limit, augment or describe the scope, content or intent of this Agreement or any parts of this Agreement. The neuter gender includes the feminine and masculine, the masculine includes the feminine and neuter, and the feminine includes the masculine and neuter, and each includes a legal entity when the context so requires. The singular includes the plural whenever the context so requires. 11.4 Severability. Invalidation of any one of these covenants, conditions, restrictions, easements or provisions by judgment or court order will in no way affect any other of the same, all of which will remain in full force and effect. 11.5 Notices. All notices, demands or other communications ("Notices") required or otherwise given under this Agreement must be in writing. Notices given by mail will be sent postage prepaid by certified or registered U.S. mail, return receipt requested, and will be deemed given three (3) business days after the date of mailing thereof, or on the date of actual receipt, if sooner. Notices will be addressed to the last known address of the addressees. Notice to any Owner may be given at any Lot owned by such Owner; provided, however, that an Owner may from time to time by Notice to Operator designate such other place or places or individuals for the receipt of future Notices. If there is more than one Owner of a Lot, Notice to any one such Owner will be sufficient. Notices to the Operator shall be given at the following addresses; provided, however, that the Operator may from time to time by Notice to the Owners designate such other place or places or individuals for the receipt of future Notices: Southcenter Corporate Square, LLC c/o Pinnacle Commercial 635 Andover Park West, Suite 107 Tukwila, WA 98188 Attention: Tamara K. Maloney, CPM And to: Pacific Realty Advisors LLC 411 University Street, Suite 1200 Seattle, WA 98101 Attention: Jack Rader 3924/060 03/14/17 tbarke\southcenter corp square - 24 - cc&rs 2 11.6 Computation of Time. Unless otherwise specified, the word "day" means a calendar day, and the computation of time under this Agreement will include all Saturdays, Sundays and holidays for purposes of determining time periods specified in this Agreement. The term "business day" means any day other than a Saturday, Sunday or other day on which United States national banks are authorized or required by law to close. 11.7 No Public Right or Dedication. Nothing contained in this Agreement will be deemed to be a gift or dedication of all or any part of the Park to the public, or for any public use, except as may be specifically set forth on any recorded final plat or subdivision map. 11.8 Applicable Law. This Agreement will be construed in all respects in accordance with the laws of the State of Washington. 11.9 Covenants Running with the Land. The covenants, conditions, restrictions, liens, easements, enjoyment rights and other provisions contained in this Agreement are intended to and will run with the land and will be binding upon all persons purchasing, leasing, subleasing or otherwise occupying any portion of the Park, their heirs, executors, administrators, successors, grantees and assigns. All instruments granting or conveying any interest in any Lot and all leases or subleases will refer to this Agreement and will recite that it is subject to the terms hereof as if fully set forth therein; provided, however, all terms and provisions of this Agreement are binding upon all successors in interest despite an absence of reference thereto in the instrument of conveyance, lease or sublease. 11.10 Release from Liability. Any Owner will be bound by this Agreement only during the period such person is an Owner, except as to obligations, liabilities or responsibilities that accrue during the period. 11.11 Not a Partnership. This Agreement is not intended to create, nor will it in any way be interpreted or construed to create, a joint venture, partnership or other such relationship among the Owners. Further, this Agreement is not intended to create, nor will it in any way be interpreted or construed to create, any third party beneficiary rights in any person or entity, other than the Owners, unless otherwise expressly provided for in this Agreement. 11.12 Amendments. This Agreement may only be amended by a written instrument executed by all of the Owners with at least eighty percent (80%) of the total Allocable Shares, and agreed by Mortgagees under any Mortgage affecting a Lot. Amendments to this Agreement will take effect upon the recording thereof in the real property records of King County, Washington. 3924/060 03/14/17 tbarke\southcentercorp square - 25 - cc&rs 2 11.13 Exercise of Rights; Performance of Obligations. Each Owner and Operator, in exercising its rights or performing its obligations under this Agreement, will do so in a manner which minimizes any interference with the business activities of the lawful occupants of the Park. DATED as of the day and year first above written. EXHIBITS: Exhibit A: Exhibit B: Exhibit C: DECLARANT: SOUTHCENTER CORPORATE SQUARE, LLC, a Delaware limited liability company By: PCCP CS Southcenter Corporate Square, LLC, a Delaware limited liability company, its Managing Member By: PacificCal II, LLC, a Delaware limited liability company, its Sole Member By: PacificCal, LLC, a Delaware limited liability company, its Sole Member By: PCCP CS Holdings, LLC, a Delaware limited liability company, its Managing Member By: Name: Its: Legal Description of Property Allocable Shares Location of Common Area Drive Aisles 3924/060 03/14/17 - 26 - cc&rs 2 tbarke\southcenter corp square CONSENT BY LENDER: By Name Title 3924/060 03/14/17 tbarkelsouthcenter corp square - 27 - cc&rs 2 STATE OF ) ) ss. COUNTY OF ) On this day of , 2017, before me, the undersigned, a Notary Public in and for the State of , duly commissioned and sworn personally appeared , known to me to be the Manager of PCCP CS HOLDINGS, LLC, the Managing Member of PACIFICCAL, LLC, the Sole Member of PACIFICCAL II, LLC, the Sole Member of PCCP CS SOUTHCENTER CORPORATE SQUARE, LLC, the Managing Member of SOUTHCENTER CORPORATE SQUARE, LLC, a Delaware limited liability company, the company that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said company, for the purposes therein mentioned, and on oath stated that she/he was authorized to execute said instrument. I certify that I know or have satisfactory evidence that the person appearing before me and making this acknowledgment is the person whose true signature appears on this document. WITNESS my hand and official seal hereto affixed the day and year in the certificate above written. Signature Print Name NOTARY PUBLIC in and for the State of , residing at My commission expires 3924/060 03/14/17 - 28 - cc&rs 2 tbarke\southcenter corp square STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this day of , 2017, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn personally appeared , known to me to be the of , the that executed the foregoing instrument, and acknowledged the instrument to be the free and voluntary act and deed of the , for the purposes therein mentioned, and on oath stated that he/she was authorized to execute the instrument. I certify that I know or have satisfactory evidence that the person appearing before me and making this acknowledgment is the person whose true signature appears on this document. WITNESS my hand and official seal hereto affixed the day and year in the certificate above written. 3924/060 03/14/17 tbarkesouthcenter corp square Signature Print Name NOTARY PUBLIC in and for the State of Washington, residing at My commission expires - 29 - cc&rs 2 EXHIBIT A LEGAL DESCRIPTION OF LAND PARCEL ONE (FEE): LOTS 3 AND 4, CITY OF TUKWILA SHORT PLAT NUMBER L97-0049 (SOUTHCENTER CORPORATE SQUARE), ACCORDING TO THE SHORT PLAT RECORDED UNDER RECORDING NUMBER 9711069009, RECORDS OF KING COUNTY, WASHINGTON; EXCEPT RAILROAD TRACKAGE AND APPURTENANCES AS RESERVED BY UNION PACIFIC RAILROAD COMPANY, AS DISCLOSED BY DEED RECORDED UNDER RECORDING NO. 7607070502. PARCEL TWO: PRIVATE UTILITY EASEMENTS FOR THE BENEFIT OF PARCEL ONE ABOVE, OVER LOT 2 OF CITY OF TUKWILA SHORT PLAT NUMBER L97-0049 (SOUTHCENTER CORPORATE SQUARE), ACCORDING TO THE SHORT PLAT RECORDED UNDER RECORDING NUMBER 9711069009, RECORDS OF KING COUNTY, WASHINGTON; PARCEL THREE: INGRESS, EGRESS, PARKING AND ACCESS EASEMENTS FOR THE BENEFIT OF PARCEL ONE ABOVE, OVER LOT 2 OF CITY OF TUKWILA SHORT PLAT NUMBER L97-0049 (SOUTHCENTER CORPORATE SQUARE), ACCORDING TO THE SHORT PLAT RECORDED UNDER RECORDING NUMBER 9711069009, RECORDS OF KING COUNTY, WASHINGTON. 3924/060 03/14/17 tbarke\southcenter corp square - 30 - cc&rs 2 EXHIBIT B ALLOCABLE SHARES Buildings Allocable Share Buildings 1 — 9 and 11 91.77% Building 10 8.23% 3924/060 03/14/17 tbarke\southcenter corp square - 31 - cc&rs 2 EXHIBIT C LOCATION OF COMMON AREA DRIVE AISLES 3924/060 03/14/17 tbarke\southcenter corp square - 32 - cc&rs 2 CITY OF TUKWILA Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone: (206) 431-3670 AFFIDAVIT OF OWNERSHIP AND HOLD HARMLESS PERMISSION TO ENTER PROPERTY STATE OF WASHINGTON COUNTY OF KING The undersigned being duly sworn and upon oath states as follows: ss RECEIVED CITY OF TUKWILA JAN 13 2017 PERMIT CENTER 1. I am the current owner of the property which is the subject of this application. 2. All statements contained in the applications have been prepared by me or my agents and are true and correct to the best of my knowledge. 3. The application is being submitted with my knowledge and consent. 4. Owner grants the City, its employees, agents, engineers, contractors or other representatives the right to enter upon Owner's real property, located at 3(eO Cov cDor aA-e 1Dy tVe tJ o Y ih 7 ti kwi 1 for the purpose of application review, for the limited time necessary to complete that purpose. 5. Owner agrees to hold the City harmless for any loss or damage to persons or property occurring on the private property during the City's entry upon the property, unless the loss or damage is the result of the sole negligence of the City. 6. Non -responsiveness to a City information request for ninety (90) or more days, shall be cause to cancel the application(s) without refund of fees. EXECUTED at A-1`r--c t_ _ (city), C[ (state), on , 20 Aaron A. Giovara (Print Name) Authorized Signatory (Address) (Phone Number (Signature) lDn-this day personally appeared before me to me known to be the individyal- do executedthe-f.oregoing instrument and acknowledged that he/she signed the same as his/her voluntary act and de r the uses and purposes mentioned therein. SUBSCRIBED AND SWORN FORE THIS DAY OF / , 20 Oil NO BLIC in and for the State of Washington 3 fit -siding at My Commission expires --- \\citystore\City Common\Teri - DCD\Kirby\2016 Applications\Binding Site Improvement Plan -March 2016.docx COMPLETE APPLICATION CHECKLIST The materials listed below must be submitted with your application unless specifically waived in writing by the Public Works Department and the Department of Community Development. Please contact each Department if you feel that certain items are not applicable to your project and should be waived, or should be submitted at a later date for use at the public hearing (e.g. colored renderings). Application review will not begin until it is determined to be complete. ADDITIONAL MATERIALS MAY BE REQUIRED. RECEIVED CIOF TUit The initial application materials allow starting project review and vesting the applicant's rights. Howevveer, theyin no wa/ limit the City's ability to require additional information as needed to establish consistency with develo s1asd fftrI City staff are available to answer questions about application materials at 206-431-3670 (Departmco unity Development) and 206-433-0179 (Department of Public Works). MM CENTER Check items submitted with application Information Required. May be waived in unusual cases, upon approval of both Public Works and Planning APPLICATION MATERIALS: 1. Application Checklist (1 copy) indicating items submitted with application. tom- 2. Completed Application Form and drawings (4 copies). 1. 3. One set of all plans reduced to 8 1/2" x 11" or 11" x 17". 4. Completed and notarized Affidavit of Ownership and Hold Harmless Permission to Enter Property (1 copy attached). r' 5. Application Fee: See Land Use Fee Schedule online. n N r5 6. SEPA Environmental Checklist (for projects with 5-9 lots or cut/fill over 500 cubic yards see SEPA Application Packet). PUBLIC NOTICE MATERIALS: N A 7. If the project requires SEPA review or involves a BSIP of 5 —9 lots: Payment of notice board fee to FastSigns (see Land Use Fee Schedule) Tukwila OR provide a 4' x 4' public notice board on site within 14 days of the Department determining that a complete application has been received (see Public Notice Sign Specifications Handout). N A 8. If the project involves a BSIP of 5 —9 lots: Pay the fee as established by the Land Use Fee Schedule for generating mailing labels; OR provide an excel spreadsheet of mailing labels for all property owners and tenants (residents and businesses) within 500 feet of the subject property. Each unit in multiple family buildings e.g. apartments, condos, trailer parks --must be included. Once your project is assigned to a planner, you will be required to provide an electronic copy of the mailing label spreadsheet in the following format: Name, Street Address, City State Zip, with each of these fields as an individual column: Name Street Address City, State, Zip Mr. Smith 1234 Park Ave S Tukwila WA 98188 PLEASE NOTE: Regardless of whether you pay the City to generate the mailing labels or you provide them, there is an additional fee for postage and material as listed under Public Notice Mailing Fee on the Land Use Fee Schedule. Payment of this fee is due prior to issuance of the decision and you will receive a separate bill for this fee. w t '�+ 9. If providing own labels, include King County Assessor's map(s) which shows the location of each property within 500 ft. of the subject lot. \ \ citystore\ City Common\ Teri - DCD\ Kirby\ 2016Applications\ Binding Ste Improvement Plan -March 2016.docx Check items submitted with application Information Required. May be waived in unusual cases, upon approval of both Public Works and Planning PROJECT DESCRIPTION AND ANALYSIS: JA 10. Title Report: Clearly establish status as legal lot(s) of record, ownership, all known easements and encumbrances, must be dated within 45 days of application fling (2 copies). _ NA, 11. Sewer and water availability letters are required from the provider district if the area is not serviced by the City of Tukwila. Forms are available at the DCD office. NA 12. Any required maintenance agreements, easements or other documents ready for recording. (411 13. Technical Information Report (TIR) including feasibility analysis per King County Surface Water Design Manual (KCSWDM). Two copies are required, for additional guidance contact Public Works. Nr, 14. Provide two copies of sensitive area studies such as wetland or geotechnical reports if needed per Tukwila's Sensitive Areas Ordinance (TMC 18.45). See Geotechnical Report Guidelines and Sensitive Area Special Study Guidelines for additional information. V 15. Provide recorded documents that identify the nature and extent of existing easements. PLAT SURVEY: a template is available from the City in AutoCAD format 16. (a) The survey must include the name of the project, graphic scale, space for the City of Tukwila file number and north arrow. It shall be drawn with black ink in record of survey format and include the elements listed at TMC 17.04.060. This shall be stamped by the surveyor. l (b) Legal descriptions of the existing and proposed lots. l-- (c) All applicable certificates and approvals (listed on the template, see TMC 17.04.060). (d) Existing and proposed lot lines shall be shown solid with new lines called out and lot lines to be removed shall be shown dashed. (e) Lot and block numbers shall begin with the number one (1) and be numbered consecutively without omission or duplication. f✓ (f) Total lot or parcel sizes and average width of each proposed lot. (g) Dash in required setback distances from all parcel lot lines. (h) Fire access lanes and turn-arounds per Fire Department standards. " /� 1 A (i) Location of all tracts to be dedicated to any public or private purpose shall be distinguished from lots intended for general development with notes stating their purpose and limitations. v•-' (j) Locations of existing and proposed public street rights -of -way and private access easements. t/ (k) Location, dimension and purpose of existing and proposed easements. 1/ (1) Vicinity Map with site location, does not have to be to scale. LANDSCAPE PLAN: ✓ 17. (a) Landscape planting plan stamped and signed by a Washington State licensed landscape architect. Plans must include the type, quantity, spacing and location of all plantings. Maximum sheet size 24" x 36". (b) Show all existing trees to be retained and any tree protection measures required (for example fencing at drip line . \ \ citystore\ City Common\ Teri - DCD\ Kirby\ 2016Applications\ Binding Ste Improvement Plan -March 2016.docx Check items submitted with application Information Required. May be waived in unusual cases, upon approval of both Public Works and Planning SENSITIVE AREAS PLAN: NJ 18. (a) Location of all sensitive areas (e.g. streams, wetlands, slopes over 20%, coal mine areas and important geological and archaeological sites). For stream frontage provide existing and proposed top of stream bank, stream bank toe, stream mean high water mark, and base flood elevation (i.e., 100 yr. flood). Maximum sheet size 24" x 36". (b) Location of all required sensitive area buffers, setbacks tracts and protection measures. -NA NA (c) Show all significant trees (4" or more in diameter measured 4.5 feet above grade), indicating those to be retained and those to be removed. A tree permit will be required for removal of any significant trees within a sensitive area or its buffer. (d) Show proposed lot and tract lines. ____)A CIVIL PLANS: 19. (a) One set of all civil plans and analyses shall be stamped, signed and dated by a licensed professional engineer. Include a graphic scale and north arrow. Maximum sheet size 24" x 36". N A (b) Vertical datum NAVD 1988 and horizontal datum NAD 83/91. Conversion calculations to NGVD 1929, if in a flood zone or flood -prone area. N p► (c) Existing (dashed) and proposed (solid) topography at 2' intervals (minimum 5 ft. beyond the property line). N A (d) Total expected cut and fill for buildout. (e) Existing and proposed utility easements and improvements, on site and in street (water, sewer, power, natural gas, telephone, cable). Schematic designs to be provided regardless of purveyor (e.g. site line size, location, and size of public main). No capacity calcs, invert depth, valve locations or the like are needed. (f) Storm drainage design at least 90% complete, which meets the KCSWDM. Call out total existing and proposed impervious surface in square feet. Include all storm drainage conveyance systems, water quality features, detention structures, maintenance access and safety features. v- (g) Locate the nearest existing hydrant and all proposed hydrants. ki A (h) Show the 100 yr. flood plain boundary and elevation as shown on FEMA maps. 1\et (i) Plan, profile and cross-section for any right-of-way improvements. I.------ (j) Show planned access to lots, driveways, fire access lanes and turn-arounds. (k) Show the location and distance to proposed property lines of all existing structures, indicating those to be removed. Show the expected location of all new buildings. ✓ (1) Show proposed lot and tract lines. \ \ dtystore\ City Common\ Teri - DCD\ Kirby\ 2016 Applications\ Binding Site Improvement Plan -Marti 2016.docx CITY OF TUKWIL Department Communit y ofCommunity evel 6300 Southcenter Boulevard, Tukwila, Telephone: (206) 431-3670 gpnr 98188 J4INDING SITE IMPROVEMENT WED UKWILA C JAN 13 2017 APPLICATION FOR STAFF USE ONLY Permits Plus Type: F BSIP Planner: File Number: L. 11 — oO35 Application Complete Date: Project File Number: 'pt"'n _ 0033 Application Incomplete Date: Other File Numbers: NAME OF PROJECT/DEVELOPMENT: Southcenter Corporate Square LLC LOCATION OF PROJECT/DEVELOPMENT: Give street address or, if vacant, indicate lot(s), block and subdivision, access street, and nearest intersection. 360 „dov__ fork \ T__t Tukwila, 98188 36 o Co 2,0o R4r t1 Rl ' - . /`/c K 7-Ati LIST ALL TAX LOT NUMBERS (this information may be found on your tax statement). 2623049144 & 2623049144 DEVELOPMENT COORDINATOR: The individual who: • has decision making authority on behalf of the applicant in meetings with City staff, • has full responsibility for identifying and satisfying all relevant and sometimes overlapping development standards, and • is the primary contact with the City to whom all notices and reports will be sent. Name: Jack Rader / Pacific Realty Advisors LLC Address: 411 University Street, Suite 1200, Seattle, WA 98101 Phone: (206) 618-9513 FAX: E-mail: Signature. jackr@p com OF Date: \ \ atystore\ City Common\ Teri - DCD\ Kirby\ 2016Applications\ Binding Ste Improvement Plan -Mare 2016.docx XuyIlhOONY HINKLER ROOLEVARD .1... LIA HI! 11_ ; 1 I ' .1 CORPORATE OAHE SOUTH TR *III Common Area Drive Aisles ! L! • I r • Li, „ , .• I illilLaill jraiLLIL11- 12114$:„i.4 r—r—r 1L.J4 1 TJ_ 3924/060 05/05/17 tbarke\southcenter corp square - 33 - cc&rs 4 City of Tukwila Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone (206) 431-3670 FAX (206) 431-3665 E-mail: tukplan(rDtukwila.wa.us SHORT PLAT NUMBER DECLARATION Know all men by these present that we, the undersigned, owner(s) in fee simple of the land herein described do hereby make a short subdivision thereof pursuant to RCW 58.17.060 and acknowledge that said subdivision shall not be further divided in any manner within a period of five years, from date of record, without the filing of a final plat. The undersigned further declare this short plat to be the graphic representation of said short subdivision and the same is made with the free consent and in accordance with the desire of the owner(s). In witness whereof we have set our hands and seals. Name: Name: STATE OF WASHINGTON County of King Name: Name: On this day personally appeared before me to me known to be the individual who executed the within and foregoing instrument and acknowledged that he/she signed the same as his/her voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of , 20 Signature: Name as commissioned: Title: My appointment expires: STATE OF WASHINGTON County of King On this day personally appeared before me to me known to be the individual who executed the within and foregoing instrument and acknowledged that he/she signed the same as his/her voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of , 20 Signature: Name as commissioned: Title: My appointment expires: LAND SURVEYOR'S CERTIFICATE registered as a land surveyor by the State of Washington, certify that this plat is based on an actual survey of the land described herein, conducted by me or under my supervision; that the distances, courses and angles are shown hereon correctly; and that monuments other than those monuments approved for setting at a later date, have been set and lot corners staked on the ground as depicted on the plat. SURVEY IN NW 1/4 OF SE 1/4 OF SECTION 26 ,T. 32 N.,R 4 E., W.ivi., IN KING COUNTY, WASHINGTON RECORDING CERTIFICATE Filed for record at the request of the City of Tukwila this day of 20 at minutes past M and recorded in Volume of Plats, on page records of King County, Washington. King County Manager Supt. of Records and Elections Legal Description (Old) (PER STEWART TITLE COMPANY, ORDER NUMBER 206138666, ON AUGUST 22, 2006.) LOT 4, CITY OF TUKWILA SHORT PLAT NUMBER L97-0049 (SOUTHCENTER CORPORATE SQUARE), ACCORDING TO THE SHORT PLAT RECORDED UNDER RECORDING NUMBER 9711069009, RECORDS OF KING COUNTY, WASHINGTON; EXCEPT RAILROAD TRACKAGE AND APPURTENANCES AS RESERVED BY UNION PACIFIC RAILROAD COMPANY, AS DISCLOSED BY DEED RECORDED UNDER RECORDING NO. 7607070502. Legal Description (New) LOTS 1, 2 & 3, CITY OF TUKWILA BINDING SITE PLAN NUMBER (SOUTHCENTER CORPORATE SQUARE), ACCORDING TO THE BINDING SITE PLAN RECORDED UNDER RECORDING NUMBER , RECORDS OF KING COUNTY, WASHINGTON; EXCEPT RAILROAD TRACKAGE AND APPURTENANCES AS RESERVED BY UNION PACIFIC RAILROAD COMPANY, AS DISCLOSED BY DEED RECORDED UNDER RECORDING NO. 7607070502. OWNER(S): ADDRESS: PHONE: SOUTHCENTER CORPORATE SQUARE LLC 635 ANDOVER PARK WEST, SUITE 107 206-618-9513 CITYISTATEIZIP: TUKWILA, WA 98188 38972 VOLUME PAGE APPROVALS KING COUNTY FINANCE DIVISION I certify that all property taxes are paid and that a deposit has been made in sufficient amount to pay the taxes for the following year; that there are no delinquent special assessments certified to this office for collection; and that all special assessments on any of the property herein dedicated as streets, alleys, or for other public use are paid in full. This day of , 20 King County Treasurer Deputy King County Treasurer KING COUNTY ASSESSOR'S APPROVAL RECEIVED Examined and approved by the Department of Assessments thei- OF TUKWILA day of , 20 JAN 1 3 2017 King County Assessor Deputy Assessor Parcel Number(s) TUKWILA SHORT SUBDIVISION COMMITTEE APPROVAL PERMIT CENTER Reviewed and approved by the Short Subdivision Committee and hereby certified for filing this day of 20 Chairperson, Short Subdivision Committee ANDOVER PARK E. ANDOVER ‘..0 • J m I \ w PARK W. UPLAND D SITE DRAWN BY N J B DATE CHECKED BY SPF SCALE z J 0 SOUTHCENTER PARKWAY i-s VICINITY MAP 1/12/2017 TRILAND D COVER SHEET JOB NUMBER P0015888W NOT TO SCALE SHEET OF 4 a City of Tukwila Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone (206) 431-3670 FAX (206) 431-3665 E-mail: tukplan@tukwila.wa.us MATCH LINE SEE BELOW LEFT POINT OF BEGINNING FOUND LEAD PLUG AND TACK, 1.04' WEST OF TRUE CORNER SHORT PLAT NUMBER FOUND 1/2" IRON ROD WITH rtL7tJvr-PLASTIC CAP "156", 0.62' EAST OF TRUE CORNER CALCULATED EAST 1/4 CORNER OF SECTION 26, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M. ZN Lo � ' co n I � ra to I. MATCH LINE SEE ABOVE RIGHT LEGEND Q FOUND BRASS CAP MON. IN MONUMENT BOX O FOUND MONUMENT AS NOTED LOCATION OF TITLE REPORT EXCEPTION SEE PAGE 3 SETBACK LINE EXISTING CONCRETE WALK EXISTING CONCRETE CURB & GUI ILK REFERENCES: ELECTRIC CONDUIT\SIDEWALK SCALE 50 0 25 50 100 REFERENCE SURVEY PLATS VOL. 128/27-28, VOL. 704/8-70, VOL.. 37/73-74, VOL. 83/22-23. REFERENCE SURVEYS; 54/212. 43/115, 128/26. SNORT PLAT N0. 7I1 SP 91-9 SS RECORDED UNDER RECORDING NO. 9208261819, RECORDS OF KING COUNTY, WASHINGTON. UNRECORDED ALTA/ASCM SURVEY BY W J H PACIFIC, DATED DECEMBER 19, 1996, JOB NO. 3-1905-0101 NOTES: ( FEET ) 1 INCH = 50 FT. 11 REC. NO. 7610290608 12 REC. NO. 7703070907 1. THE TOTAL LAND AREA IS 315,456 50. FT. f (7.26 ACRES). 2. THE RECORD DESCRIPTION FORMS A CLOSED MATHEMATICAL FIGURE. 3. THESE PROPERTIES ARE VESTED IN WASHINGTON REAL ESTATE HOLDINGS, LLC, A WASHINGTON LIMITED LIABILITY COMPANY. PROPERTY TAX LOT AND ZONING DESIGNATIONS TAX LOT NUMBER(S): 2623049144 PARCEL ADDRESS 360 ANDOVER PARK HEST ZONING: TUC-P = TUKWILA URBAN CENTER - POND FRONT = 15; SECOND FRONT= 15, SIDE = 10', REAR = 70; HEIGHT = 115' THE SUBJECT PARCEL LIES IN ZONE X. PER FEMA MAP NUMBER 53033C0959F DATED MAY 16, 1995 6. PARKING FOR SITE 737 COMPACT; 286 STANDARD; 6 HANDICAPPED 0 co co Cn 7. THE UNDERGROUND UTILITIES SHOWN HAVE BEEN LOCATED FROM FIELD SURVEY, CONDUCTED AUGUST 2006, OF OBSERVABLE FEATURES AND SUPPLEMENTED IW01 INFORMATION FROM EXISTING DRAW7NCS THE SURVEYOR MAKES NO GUARANTEE THAT THE UTIU11E5 SHOWN COMPRISE ALL SUCH UTIUTIES /N THE AREA. EITHER /N SERVICE OR ABANDONED. THE SURVEYOR FURTHER DOES NOT WARRANT THAT THE UNDERGROUND UTIUBES ARE IN THE EXACT LOCATION INDICATED, BUT ARE LOCATED AS ACCURATELY AS POSSIBLE FROM INFORMATION AVAILABLE CURVE DATA CURVE RADIUS DELTA LENGTH BEARING CHORD CI 50.00' 90'06'49" 78.64' S46'50'53"W 70.78' C2 15.00' 54'45'56" 14.34' N60'42'44"W 13.80' C3 50.00' 289'31'52" 252.66' S01'54'18"W 57.69' C4 15.00' 54'45'56" 14.34' N64'31'20'E 13.80' C5 50.00' 89'53'11" 78.44' S43'09'07"E 70.64' C6 50.00' 54'36'23" 47.65' S60'37'58"E 45.87' C7 50.00' 8100'43" 70.70' 1451'33'29"E 64.95' LINE DATA LINE BEARING LENGTH LI N88'11'57"W 112.72' L2 S01'49'13"W 19.75' L3 S8890'46"E 27.76' L4 NO7'49'13"E 10.50' L5 S88'05'29"E 60.02' L6 NO154'17"E 8.38' PARCEL DATA PARCEL I SQ.FT. I ACRE AVG. WIDTH AVG. LENGTH 1 65,763 1.51 267' 248' 2 48,716 1.12 227' 175' 3 200,977 4.61 500' 405' FOUND 1" IRON PIPE WITH YELLOW PLASTIC CAP, 0.09' NORTH OF TRUE CORNER FOUND 1/2" IRON ROD WITH YELLOW PLASTIC CAP "S&A", 0.11' EAST OF TRUE CORNER ANDOVER PARK WEST 0 R/W S01'47'29"W S88'05'42"E 523.90' 30.00' S01'47'29'W PROPOSED LOT 3 S=.? 451.30' BOUNDARY PARCEL 3 PROPOSED LOT 1 BOUNDARY N01 26'45"E FENCE CORNER IS 1.2'(W) OF PROP. LINE BUILDING 555 276.28' PARCEL_ l REC. NO. 20011120000449 258.88' LOT 1 BUILDING 370 FENCE IS 0.7'(W) OF PROP. LINE OWNERSHIP OF CHAINUNK FENCE APPEARS TO BE ADJOINING PARCEL PROPOSED LOT 2 BOUNDARY 197.63' L4 LOT 2 BUILDING 360 L2 PARCEL 2 257.07' N01'47'29"E 01 REC. NO. 20011120000450 VOLUME PAGE c DF J� N 1 PERMIT [L 1i PLAT OWNER(S): SOUTHCENTER CORPORATE SQUARE LLC ADDRESS: 635 ANDOVER PARK WEST, SUITE 107 CITY/STATE/ZIP: TUKWILA, WA 98188 Op�FIT \t Nr��ao< \ 38972 4ONAL LEO 112ICOM= Va. NHPacific L17ocr whpsdk Dan DRAWN BY NJB DATE 1/12/2017 CHECKED BY SPF SCALE 1"=50'-0" JOB NUMBER 2 SHEET P0015888W OF 4 �iVED TV KWIL, 3 2017 ENTEF, 7J City of Tukwila Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone (206) 431-3670 FAX (206) 431-3665 E-mail: tukplan@tukwila.wa.us SHORT PLAT NUMBER EXCEPTIONS: (PER STEWART TITLE COMPANY, ORDER NUMBER 206138666, ON AUGUST 2Z 2006.) 10. EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN: RECORDED: JULY 7, 7976 RECORDING NO.: 7607070502 FOR: MAINTENANCE, OPERATION, REPAIR, RENEWAL AND RECONSTRUCTION OF RAILROAD TRACKAGE AND APPURTENANCES AFFECTS: A PORTION OF THE PREMISES (NOT PLOTTED) 11. EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN: RECORDED: OCTOBER 29, 1976 RECORDING NO.: 7610290608 FOR: UNDERGROUND ELECTRIC SYSTEM AFFECTS: NORTH 12.31 FEET OF LOT 4 OF SAID PLAT (PLOTTED) 12. EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN: RECORDED: MARCH 7, 7977 RECORDING NO.: 7703070907 FOR: RAILROAD AFFECTS: NORTHERLY PORTION OF LOT 4 (PLOTTED) 13. EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN: RECORDED: JANUARY 13 7978 RECORDING NO.: 7601130816 IN FAVOR OF: PUGET SOUND POWER 4, LIGHT COMPANY, A WASHINGTON CORPORATION FOR: ELECTRIC TRANSMISSION AND/OR DISTRIBUTION SYSTEM AFFECTS A 7 FOOT STRIP AS TO BE CONSTRUCTED (NOT PLOTTED) 14. EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN: RECORDED: JULY 78, 1997 RECORDING NO.: 9707180453 IN FAVOR OF: PUGET SOUND ENERGY, INC. FOR: GAS PIPELINE OF PIPELINES AFFECTS: A 70 FOOT STRIP ACROSS LOT 4 (NOT PLOTTED) 15. EASEMENT. INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN: RECORDED: NOVEMBER 20, 7997 RECORDING NO.: 9711200323 IN FAVOR OF: PUGET SOUND ENERGY, INC. FOR: GAS PIPELINE OR PIPELINES UNDERGROUND SYSTEM AFFECTS: A 10 FOOT STRIP ACROSS LOT 3 (NOT PLOTTED) 17. EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN: RECORDED: NOVEMBER 20, 2001 RECORDING NO.: 20011120000450 IN FAVOR OF: OWEST CORPORATION FOR: I } INCH INNER DUCT /N A 4 INCH CONDUIT FOR UNDERGROUND FIBER OPTIC CABLE SYSTEM AFFECTS: TWO 5 FOOT PORTIONS OF LOT 4 (PLOTTED - EXACT LOCATION UNCERTAIN) SCALE 50 0 25 50 100 ( FEET ) 1 INCH = 50 FT. 18. RESTRICTIONS, CONDITIONS, DEDICATIONS, NOTES. EASEMENTS AND PROVISIONS CONTAINED AND/OR DELINEATED ON THE FACE OF THE SHORT PLAT RECORDED UNDER KING COUNTY RECORDING N0. 9711069009. 79. COVENANTS, CONDITIONS, RESTRICTIONS, AND/OR EASEMENTS THEREIN: RECORDED: NOVEMBER 6, 1997 RECORDING NUMBER(S): 9711060371 AMENDMENTS(S) AND/OR MODIFICAION(S) OF SAID COVENANTS: RECORDED: JULY 8. 2004 RECORDING NUMBER(»: 20040708000011 20, RESERVATIONS AND EXCEPTIONS, INCLUDING THE TERMS AND CONDITIONS THEREOF.: RESERVING MINERALS RESERVED BD UNION PACIPC LAND RESOURCES CORPORATION, A UTAH CORPORATION RECORDED: MARCH 7, 1977 RECORDING NO.: 7703070907 LEGEND EXISTING EVERGREEN TREE TO REMAIN EXISTING DECIDUOUS TREE TO REMAIN J EXISTING CONCRETE WALK EXISTING CONCRETE CURB & GU TTER OWNER(S): SOUTHCENTER CORPORATE SQUARE, LLC ADDRESS: 635 ANDOVER PARK WEST SUITE 107 CITYNSTATEJZIP: TUKWILA, WA 98188 PROPOSED LOT 1 BOUNDARY ANDOVER PARK WEST BUILDING 555 BUILDING 370 PROPOSED LOT 3 BOUNDARY BUILDING 565 BUILDING 575 PROPOSED LOT 2 BOUNDARY BUILDING 360 VOLUME PAGE R P EXISTING VEGETATION WHPacific t/ r„ daps 85011 JA DRAWN BY NJB DATE 1/12/2017 JOB NUMBER P0015888W CHECKED BY SPC SCALE 1"=50'-0" SHEET OF 4 C aE `rUKWEIVEDIL. 13 2017 IT ENTER U City of Tukwila Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone (206) 431-3670 FAX (206) 431-3665 E-mail: tukplan((liltukwila.wa.us SHORT PLAT NUMBER NOTES: 1. THE SITE IS LEVEL. CONTOURS NOT SHOW. -44rZ SCALE 50 0 25 50 ASPHALT AND BUILDLING IMPERVIOUS SURFACE DATA PARCEL SQ.FT. ACRE 1 51,660 1.19 2 41,155 0.94 3 167,205 3.84 LEGEND $., FIRE HYDRANT ▪ AUTO FIRE CONNECTION DQ WATER VALVE ® WATER METER I01 POST INDICATOR o-- WATER BLOWOFF W— WATER PAINT MARK M UTILITY POLE W/LIGHT GUY ANCHOR (j UTILITY POLE 8 POWER METER © POWER VAULT • POWER TRANSFORMER ▪ TELEPHONE VAULT ❑ TELEPHONE RISER OT TELEPHONE MANHOLE T— TELEPHONE PAINT MARK • GAS METER GAS VENT P POWER PAINT MARK ❑ CATCH BASIN • STORM MANHOLE 5D— STORM LINE Q SEWER MANHOLE S SEWER PAINT MARK GRAVEL EDGE BUILDING EAVE ® JUNCTION BOX [....7(C)...1 NUMBER OF COMPACT PARKING SPACES )-.l(S),-{ NUMBER OF STANDARD PARKING SPACES HANDICAP PARKING SPACE ( FEET ) 1 INCH = 50 FT. 100 172.64 (S) 18 Imo. 157.15' 71(S) 17(s) ANDOVER PARK WEST FIRE HYDRANT BUILDING 545 2 STORY F.F.=22.50 10,708 S.F. BUILDING 555 2 STORY F.F.=23.50 10,803 S.F. PROPOSED LOT 14(0) 14(C) BUILDING 370 2 STORY F.F. =24.00 10,845S.F. BUILDING 565 2 STORY F.F.=22.50 10,921 S.F. BUILDING 575 2 STORY F.F.=23.50 10,709 S.F. BUILDING 360 2 STORY F.F.=24.00 10,807 S.F. �SD — — $�50 SD — — TRASH BIN CELL TO R 0) 10(S) PROPOSED LOT 3 BOUNDARY 145.78{ 11(S) 10(S) c SIGN 11(5) VOLUME PAGE — —SD— ❑ —SD PROPOSED LOT 2 SIGN BOUNDARY 12(S) 45(C) CITY 0 Tl SIGN FIRE HYDR • NT 5(C) (_SIGN 7.7) SD — FIRE H RANT I18(s) -" -_- 27(C) 27(C) EXISTING IMPROVEMENTS 19( OWNER(S): SOUTHCENTER CORPORATE SQUARE LLC ADDRESS: 635 ANDOVER PARK WEST, SUITE 107 CITY/STATE/ZIP: TUKWILA, WA 98188 FIT2,P\ of^Asq T � c,Pr 38972 DRAWN BY NJB DATE CHECKED BY SPF SCALE 1NH L,/T_ Op0►S s.� Bothell, NA M011 ss, sm3D0 300 4 1/12/2017 1"=50'-0" JOB NUMBER SHEET P0015888W OF 4 13 /ED IKWILU 201? CENTER