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Home My WebLink AboutPermit L07-002 - CASCADE DEVELOPMENT COMPANY - BAKER BOULEVARD / SPECIAL PERMISSION PARKING VARIANCEBAKER BLVD RETAIL CENTER 406 BAKER BLVD L07-002 I TO: Todd Bertellotti, Applicant Mark McDonald, Owner This letter serves as a notice of decision and is issued pursuant to TMC 18.104.170 on the following project and permit approval. FILE NUMBERS: ASSOCIATED FILES: APPLICANT: REQUEST: LOCATION: COMPREHENSIVE PLAN & ZONING DESIGNATION: • I Guy of Tukwila Department of Community Development NOTICE OF DECISION I. PROJECT INFORMATION L07 -002 Special Permission Administrative Parking Variance L06 -069 Design Review L07 -003 Special Permission Landscape Deviations Todd Bertellotti, Object + Space A 10% reduction in the minimum number of parking stalls required for the redevelopment of an existing warehouse into 8,156 square feet of retail space and 2,053 square feet of office space. 406 Baker Boulevard Tukwila Urban Center (TUC) II. DECISION SEPA Determination: The City SEPA Responsible Official has determined that this application does not require a SEPA threshold determination because it is categorically exempt. Decision on Substantive Permit: The DCD Deputy Director has approved the administrative parking variance for a reduction of three parking spaces. Therefore the total required number of parking spaces for the site if all tenants are general retail sales (not bulk retail) would be 30 instead of 33. NG Page 1 of 3 03/21/2007 9:17:00 AM Q:\BakerBL\ParkingNOD.doc Steven M Mullet, Mayor Steve Lancaster, Director March 21, 2007 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 -431 -3670 • Fax: 206 - 431 -3665 • • III. YOUR APPEAL RIGHTS The Decision on this Permit Application is a Type 2 decision pursuant to Tukwila Municipal Code 18.104.010. Other land use applications related to this project may still be pending. One administrative appeal to the Hearing Examiner of the Decision on the Permit itself is permitted. A party who is not satisfied with the outcome of the administrative appeal process may file an appeal in King County Superior Court from the Hearing Examiner decision. IV. PROCEDURES AND TIME FOR APPEALING In order to appeal the decision on the Permit Application, a written notice of appeal must be filed with the Department of Community Development within 14 days of the issuance of this Decision, that is by April 4, 2007. The requirements for such appeals are set forth in Tukwila Municipal Code 18.116. All appeal materials shall be submitted to the Department of Community Development. Appeal materials MUST include: 1. The name of the appealing party. 2. The address and phone number of the appealing party; and if the appealing party is a corporation, association or other group, the address and phone number of a contact person authorized to receive notices on the appealing party's behalf. 3. A statement identifying the decision being appealed and the alleged errors in the decision. 4. The Notice of Appeal shall identify (a) the specific errors of fact or errors in application of the law in the decision being appealed; (b) the harm suffered or anticipated by the appellant, and (c) the relief sought. The scope of an appeal shall be limited to matters or issues raised in the Notice of Appeal. V. APPEAL HEARINGS PROCESS Any administrative appeal regarding the Permit shall be conducted as an open record hearing before the Hearing Examiner based on the testimony and documentary evidence presented at the open record hearing. The Hearing Examiner decision on the appeal is the City's final decision. Any party wishing to challenge the Hearing Examiner decision on this application must file an appeal pursuant to the procedures and time limitations set forth in RCW 36.70C. An appeal challenging a DNS, an MDNS or an EIS may be included in such an appeal. If no appeal of the Hearing Examiner decision is properly filed in Superior Court within such time limit, the Decision on this permit will be final. NG Page 2 of 3 03/21/2007 9:17:00 AM Q:\BakerBLAParkingNOD.doc • • VI. INSPECTION OF INFORMATION ON THE APPLICATION Project materials including the application, any staff reports, and other studies related to the permits are available for inspection at the Tukwila Department of Community Development, 6300 Southcenter Blvd., Suite 100, Tukwila, Washington 98188 from Monday through Friday between 8:30 a.m. and 5:00 p.m. The project planner is Nora Gierloff, who may be contacted at 206 -431- 3670 for further information. Property owners affected by this decision may request a change in valuation for their property tax purposes. Contact the King County Assessor's Office for further information regarding property tax valuation changes. Dep City o ent of Community Development Tukwila NG Page 3 of 3 03/21/2007 9:25:00 AM Q: \BakerBLParkingNOD.doc REQUEST: VICINITY /SITE INFORMATION Project Description Q:\BakerBL\Parking Staff Report.doc • City of Tukwila Department of Community Development Steve Lancaster,, Director STAFF REPORT TO THE DCD DIRECTOR Prepared March 19, 2007 FILE NUMBERS: L07 -002 Special Permission Administrative Parking Variance ASSOCIATED FILES: L06 -069 Design Review L07 -003 Special Permission Landscape Deviations APPLICANT: Todd Bertellotti, Object + Space LOCATION: 406 Baker Boulevard COMPREHENSIVE PLAN & ZONING DESIGNATION: Tukwila Urban Center (TUC) Steven M. Mullet, Mayor A 10% reduction in the minimum number of parking stalls required for the redevelopment of an existing warehouse into 8,156 square feet of retail space and 2,053 square feet of office space. STAFF: Nora Gierloff, Planning Supervisor ATTACHMENTS: A Applicant's Response to the Review Criteria B Parking Calculations FINDINGS The applicant is proposing to redevelop an 11,180 square foot concrete tilt -up warehouse /office building into retail space. The site development will include frontal improvements, a single driveway, parking for 31 cars and a loading space. The parking requirement for the proposed retail space is 33 stalls, so the applicant is pursuing a 10% administrative parking variance which is decided by the DCD Director. - 1 - 03/19/2007 3:54:00 PM 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665 Existing Development • • The 32,530 square foot site is currently developed as the Cullen Book Bindery distribution warehouse. A loading bay to the warehouse is located at the front of the building facing Baker Blvd. The parcel to the north has a single story retail building occupied by Castle Megastore. The parcel to the east is the two story US Bank building. The west parcel is a double lot occupied by Glass Doctor in a single story building. The parcel located south of the site on Baker Boulevard contains Pearl Optical and Goodyear Auto Service, both retail businesses. Most of the adjacent buildings are of similar age and construction. PUBLIC COMMENTS No public comments were received on this proposal. SPECIAL PERMISSION PARKING VARIANCE Decision Criteria Requests for variances of up to 10% in the required number of parking spaces are decided by the DCD Director as a Type 2 application. The criteria for the decision are listed at TMC 18.56.140 B 2: a. All shared parking strategies are explored. Q:\BakerBL \Parking Staff Report.doc Page 2 03/19/2007 • • The applicant had originally proposed to locate the employee and loading spaces at the rear of the building with access from the property to the north. However this could not be achieved without reducing the parking available to that property so that proved infeasible. b. On - site park and ride opportunities are fully explored. The site is not large enough to warrant a shuttle or other park and ride solutions. c. The site is in compliance with the City's commute trip reduction ordinance or, if not an affected employer as defined by the City's ordinance, agrees to become affected. The individual tenant spaces will range from 1,500 to 2,100 square feet and will likely have between one and three employees per shift. Tukwila's CTR coordinator will work with them to identify the elements of the program that are applicable to their scale of operation. d. The site is at least 300 feet away from a single family residential zone. The site is further than 300 feet from any LDR zoned property. e. A report is submitted providing a basis for less parking and mitigation necessary to offset any negative effects. The maximum reduction of spaces allowed under the variance would be three. In the future on street parking is planned for Baker Bl. which would help to absorb any overflow customers from the site. See Attachment A for the applicant's discussion. CONCLUSIONS This project involves the remodeling of an existing building and therefore options for meeting code requirements are constrained. The applicant has explored shared parking arrangements with adjacent property owners but this would only shift the parking shortage to another site. The project includes a widened sidewalk and closure of one curb cut as part of a larger plan to enhance pedestrian accessibility along Baker. The number of spaces at issue is only three, therefore the potential negative effect of the variance would be quite limited. RECOMMENDATION Staff recommends that the administrative parking variance be approved for a reduction of three parking spaces. Therefore the total required number of parking spaces for the site if all tenants are general retail sales (not bulk retail) would be 30 instead of 33. Q: \BakerBL\Parking Staff Report.doc Page 3 03/21/2007 object +space ltd Date: March 13, 2007 Project: Baker Boulevard Retail Center Location: 406 Baker Boulevard, Tukwila, WA Administrative Parking Variance • • architecture + interiors + furniture + lighting 18.56.140 Administrative Variance from Parking Standards A. General: 1. A request for an administrative variance from required parking standards must be received prior to any issuance of building or engineering permits. Administrative variances are only eligible for requests for reductions of required parking between 1% and 10 %. Requests for reductions from minimum parking standards in excess of 10% must be made to the Planning Commission. 2. The project developer shall present all findings to the Director prior to any final approvals, including design review, conditional use permit review, building review or any other permit reviews required by the Director. B. Criteria: 1. All requests for reductions in parking shall be reviewed under the criteria established in this section. 2. In addition to the following requirements, the Director may require specific measures not listed to ensure that all impacts with reduced parking are mitigated. Any spillover parking which cannot be mitigated to the satisfaction of the Director will serve as the basis for denial. A reduction may be allowed, pursuant to either an Administrative variance or requests to the Planning Commission, after: a. All shared parking strategies are explored. The owner of the project has pursued shared parking with nearby neighbors but has thus far been unsuccessful at reaching any agreements. b. On -site park and ride opportunities are fully explored. The site does not warrant a park and ride due to the size of the retailers. c. The site is in compliance with the City's commute trip reduction ordinance or, if not an affected employer as defined by the City's ordinance, agrees to become affected. NA - Total employees of each retail space will be significantly less than 100 d. The site is at least 300 feet away from a single - family residential zone. Yes - the site is more than 300 feet away from a single - family residential zone. e. A report is submitted providing a basis for less parking and mitigation necessary to offset any negative effects. We are proposing a variance of 2 parking spaces. The basis for providing less parking is due to a very limited site compounded with a change of use. In lieu of the 2 parking spaces, we hope to encourage more pedestrian access by providing a raised walkway linking the sidewalk to the building. The project has also widened the existing sidewalk to 15', from an existing 6' sidewalk. In addition to providing a more pedestrian friendly sidewalk and direct connection to the building, there are already 4 bus stops within a 1 /4 mile of the project site. The city of Tukwila's plan of future street parking would also help mitigate any negative effects of our parking variance. C. Process: 1. An applicant shall submit evidence that decreased parking will not have a negative impact on surrounding properties or potential future uses. This may take the form of a brief report for administrative variances. Decreases in excess of 10% must be made to the Planning Commission. The Director may • • require additional studies to ensure that negative impacts are properly mitigated. A complete and detailed Parking Demand study is required for requests reviewed by the Planning Commission. 2. All site characteristics should be described in report, including a. Site accessibility for transit. b. Site proximity to transit, with 15- to 30- minute headways. c. Shared use of on -site parking. d. Shared use of off -site parking. e. Combined on -site parking. f. Employee density. g. Adjacent land uses. We are not seeking a variance of greater than 10% therefore will not need a review by the Planning Commission. 3445 california ave southwest + suite 1 + seattle + washington + 98116 206 +937 +5222 studio 206 +937 +5222 fax into@objectandspace.com BAKER BOULEVARD RETAIL CENTER PARKING SUMMARY TENANT A 1490 SF 1250 SF RETAIL / .004 = 5 240 SF ACCESSORY (STORAGE /CASEWORK) (16 °/ 5 TENANT B 2058 SF 1750 SF RETAIL / .004 = 7 308 SF ACCESSORY (STORAGE /CASEWORK) (15% 7 TENANT C 1601 SF 1500 SF RETAIL / .004 = 6 101 SF ACCESSORY (STORAGE /CASEWORK) (6% 6 TENANT D 1374 SF 1250 SF RETAIL / .004 = 4 124 SF ACCESSORY (STORAGE /CASEWORK) (9% 4 TENANT E 1407 SF 1250 SF RETAIL / .004 = 4 157 SF ACCESSORY (STORAGE /CASEWORK) (11% 4 TENANT F 2128 SF 1750 SF RETAIL / .004 = 7 378 SF ACCESSORY (STORAGE /CASEWORK) (18% 7 TOTAL REQUIRED 33 Project Name: Project Number: Workbook: SOUTHCENTER_notebk.xls Worksheet: zonesum • • TOTAL PROVIDED PARKING VARIANCE 31 2 (6 %) Print Date: 3/13/2007 BAKER BOULEVARD RETAIL CENTER PARKING SUMMARY 10.27.08 OPTION B TENANT 1 1490 SF 1100 SF RESTAURANT X .01 = 11 390 SF MIN. ACCESSORY (RESTROOMS /STORAGE) 11 TENANT 2 2058 SF 1666 SF OFFICE X .003 = 5 392 SF MIN. ACCESSORY (RESTROOMS /STORAGE) 5 TENANT 3 (LEASED) 1601 SF 1333 SF OFFICE X .003 = 4 268 SF MIN. ACCESSORY (STORAGE) 4 TENANT 4 (LEASED) 1374 SF 1333 SF OFFICE X .003 = 4 41 SF MIN. ACCESSORY (STORAGE) 4 TENANT 5 1407 SF 1333 SF OFFICE X .003 = 4 74 SF MIN. ACCESSORY (STORAGE) 4 5 TENANT 5 RETAIL OPT 1250 SF RETAIL / .004 = 4 157 SF MIN. ACCESSORY (STORAGE /CASEWORK) TENANT 6 2128 SF 1750 SF RETAIL / .004 = 7 378 SF MIN. ACCESSORY (STORAGE /CASEWORK) 7 TOTAL REQUIRED MIN. REQUIRED W/ VARIANCE* 35 a BAKER BOULEVARD RETAIL CENTER PARKING SUMMARY 10.27.08 OPTION A TENANT 1 1490 SF 1244 SF RESTAURANT X .01 = 12.4 246 SF MIN. ACCESSORY (RESTROOMS /STORAGE) 13 TENANT 2 2058 SF 1666 SF OFFICE X .003 = 5 392 SF MIN. ACCESSORY (RESTROOMS /STORAGE) 5 TENANT 3 (LEASED) 1601 SF 1333 SF OFFICE X .003 = 4 268 SF MIN. ACCESSORY (STORAGE) 4 TENANT 4 (LEASED) 1374 SF 1333 SF OFFICE X .003 = 4 41 SF MIN. ACCESSORY (STORAGE) 4 TENANT 5 1407 SF 1333 SF OFFICE X .003 = 4 74 SF MIN. ACCESSORY (STORAGE) 4 _ 51 TENANT 5 RETAIL OPT 1250 SF RETAIL / .004 = 4 157 SF MIN. ACCESSORY (STORAGE /CASEWORK) TENANT 6 2128 SF 1750 SF RETAIL / .004 = 7 378 SF MIN. ACCESSORY (STORAGE /CASEWORK) 7 TOTAL REQUIRED MIN. REQUIRED W/ VARIANCE* 37 3,3 Project Name: Project Number: Workbook: SOUTHCENTERnotebk.xis Worksheet: zonesum TOTAL PROVIDED *10% VARIANCE = 38 X .1 = L4 35 ** * *WILL REQUIRE THE 3 PARKING SPACES AT THE BACK OF PROPERTY TO BE RECORDED ON ADJACENT PROPERTY'S TITLE TOTAL PROVIDED *10% VARIANCE = 36X .1 = * *WILL NOT REQUIRE THE 3 PARKING SPACES AT THE BACK OF PROPERTY TO BE RECORDEE ON ADJACENT PROPERTY'S TITLE 32 ** Print Date: 10/27/2008 SPRINKLER / ELEC TENANT 2 (FUTURE OFFICE) TENANT 1 (FUTURE RESTAURANT) 246 SF (ACCESSORY) PUBLIC RESTROOMS CORRIDOR TENANT 3 (OFFICE - LEASED) • TENANT 4 (OFFICE - LEASED; TENANT 5 (FUTURE OFFICE OR RETAIL) TENANT 6 (FUTURE RETAIL) Is BAKER BOULEVARD RETAIL - PLAN DIAGRAM FOR PARKING SUMMARY 10.27.08 NTS TO: M.P.A. DATE: l>>A FAX NO: 431 - 31 5 NO. OF PAGES: NORTHWEST CAPITAL CORP. 1420 Fifth Avenue, Suite 2200 Seattle, Washington 98101 (206) 623 -4293 (206) 623 -4305 fax FAX TRANSMITTAL COVER SHEET RETURN FAX NO. IS: 206 - 623 -4305 COMMENTS: IF YOU DID NOT RECEIVE ALL PAGES SENT PLEASE CALL: (206) 623 -4293 THE INFORMATION CONTAINED IN THIS FACSE 4ILE COMMUNICATION IS PRIVILEGED AND /OR CONFIDENTIAL INFORMATION INTENDED ONLY FOR TEE USE O THE INDIVIDUAL OR ENTITY NAMED ABOVE, IF TI-1 READER OF THIS COVER FAGE IS NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NW Jk IED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYNG OF THIS COMMUNICATION OR THE INFORMATION CONTAINED HEREIN IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE IMMEDIATELY NOTIFY US BY TELEPHONE (206) 623 -4293, AND RETURN THIS FACSIMILE TO US AT THE ABOVE ADDRESS VIA U.S POSTAL SERVICE. THANK YOU. 20070619002420 WHEN RECORDED RETURN TO: Michael S. Courtnage Alston, Courtnage & Bassetti LLP 1000 Second Avenue, Suite 3900 Seattle, Washington 98104 -1045 Document Title: Easement Agreement Grantor: CS&JH Leede, LLC Grantee: Legal Description: Abbreviated Legal Description: Village Partners Southcenter, LLC Full Legal Description: See Exhibits 1 and 2 attached. Assessor's Tax Parcel Nos.: 0- 1701.; B1170201; 0 -1692; EASEMENT AGREEMENT RECITALS 3%I410I:05/15107 •1- MC:OURI\VILLAGE. PARTNFRS SOIITIICENTFR. LL :(il N ER AI. t 2007061.9002420 ALSTON EAS 45.00 PAGE001 OF 014 . 06/19/Z007 14:39 KING COUNTY, WA EXCISE TAX NOT REQUIRED King Co. Records By --` Y Zee THIS AGREEMENT entered into as of this I L - day of /��[/t�� 2007, between CS &JH LEEDE, LLC, a Washington limited liability company ( "Leede ") and VILLAGE PARTNERS SOUTE[CENTER, LLC, a Washington limited liability company ( "VPS "): A. Leede is the owner of a parcel of real property located in King County, Washington, which are described more particularly on Exhibit 1 hereto (collectively the "Leede Parcel "). B. VPS is the owner of a parcel of real property located in King County, Washington, which is adjacent to the Leede Parcel and is described more particularly on Exhibit 2 hereto (the "VPS Parcel "). (The Leede Parcel and the VPS Parcel are designated as the 400 Evans Block Drive and the Baker Boulevard Retail Center on the two page Site EASEM AG R4 Plan attached hereto as Exhibit 3 (the "Site Plan ") and are referred to collectively as the "Entire Property.") C. The parties see a mutual benefit to shared parking and access and have agreed to grant certain easements affecting portions of the Leede and VPS Parcels that they wish to reflect in writing. NOW, THEREFORE, the parties covenant and agree as follows: ] . Easements. (a) Leede hereby grants to VPS and its successors and assigns in title or interest to all or any portion of the VPS Parcel a non - exclusive easement for vehicular and pedestrian ingress to and egress from the VPS Parcel over and upon the drive aisles on the Leede Parcel, as those are presently depicted on the Site Plan or may hereafter be located (the "Access Easement Area ") to the public street. This easement is for the benefit of the VPS Parcel. (b) Upon completion of construction of the improvements depicted on the Site Plan, V PS hereby grants to Leede and its successors and assigns in title or interest to all or any portion of the Leede Parcel a non - exclusive easement (i) for vehicular parking upon the three (3) parking stalls to be constructed on the VPS Parcel, as depicted on the Site Plan (the "Parking Stalls ") and (ii) for vehicular and pedestrian ingress to and egress from the Leede Parcel over and upon the drive aisles on the VPS Parcel adjacent to the Parking Stalls, as those drive aisles are presently designated on the Site Plan or may hereafter be located (collectively the "Parking Easement Area ") to the Parking Stalls. This easement is for the benefit of the Leede Parcel. (c) Leede grants to VPS a non - exclusive easement (i) to enter the Leede Parcel to enable VPS to install, at its expense, the Parking Stalls, new loading area, screened trash /recycling enclosure (the "Enclosure ") and new landscaping improvements depicted on the Site Plan and, in conjunction therewith, to also permit ITS to restripe the parking lot on the Leede Parcel at VPS's expense in the manner depicted on the Site Plan and (ii) to use the Enclosure and new loading area and (iii) to maintain the Enclosure and landscape area described in paragraph 2 below. (d) Each party grants to the other a non - exclusive easement for maintenance and repair of the landscaping and improvements which directly straddle the common boundary line between the Leede and VPS Parcels. 2. Maintenance. VPS shall maintain the Enclosure and the new landscape area shown on the Site Plan that lies to the east of the Parking Stalls at its expense. Otherwise, each party shall be responsible for maintaining the Easement Area on its Parcel in good order, repair and condition at its sole cost and expense. 3901',001:05/1510' 2 EASEMENT AC R4 MCOURT'\VILLAGE PARTNERS SOUTHCIiNTER. LI.ClGENERAI. 3. Indemnity; Insurance. The owner or owners of each of the Leede Parcel and the VPS Parcel shall indemnify and defend the owner or owners of the other Parcel(s) against, and hold the others harmless from and against, all claims, demands, liabilities, costs and expenses (including reasonable attorneys' fees) suffered by or claimed against the other owner(s) of the other Parcel(s) as the result of or caused by a claim asserted by any third party for damage or injury suffered on the Easement Areas as a result of the negligence or misconduct of the indemnifying owner. When a claim or demand results from negligence or misconduct attributable to both owners, each owner will be responsible for the claim or demand in proportion to its allocable share of such joint negligence or misconduct. Each party shall maintain commercial general liability insurance on its Parcel with combined minimum limits of not less than One Million Dollars ($1,000,000) per occurrence for property damage and bodily injury. 4. Limitation. Nothing contained in this document shall limit the rights of any owner of either party Parcels to construct, reconstruct, alter, remove or relocate buildings, improvements, landscaping or other features on the non - Easement Areas of its Parcel. 5. Successors and Assigns. The term "successors and assigns in title or interest" to the Leede and VPS Parcels includes, but is not limited to, mortgagees, beneficiaries of deeds of trust, secured parties under security agreements, any purchaser upon the foreclosure of any such security interest or transfer in lieu thereof and purchasers under real estate contracts, together with tenants, employees, agents, contractors, licensees, guests and business invitees of such persons. 6. Eminent Domain. In the event of any exercise of eminent domain or transfer in lieu thereof of any part of the Easement Area, the award attributable to the land and improvements of such portion of the Easement Area shall belong to and be payable only to the owner in fee thereof and no claim thereon shall be made by the owners of the other Parcel. 7. Litigation. In the event of breach or threatened breach of this Agreement, the record owners of all or a portion of the Leede Parcel or of the VPS Parcel shall be entitled to institute legal proceedings for relief from the consequences of said breach. The prevailing party in any such action shall be awarded its costs and expenses, including reasonable attorneys' fees, which shall be deemed to have accrued on the commencement of such action and shall be awarded whether or not such action is prosecuted to judgment. 8. Default. If the owner of either Parcel shall default in the full, faithful and punctual performance of any obligation required hereunder, and if at the end of thirty (30) days after written notice from any owner of another Parcel or the party to whom its authority has been delegated, stating with particularity the nature and extent of such default, the defaulting owner has failed to cure such default, and if a diligent effort is not then being made to cure such default, then any other owner of a Parcel or the party to whom its authority has been delegated shall, in addition to all other remedies it may have at law or in 3901 \001:05/15/07 •3- EASEMENT AGR4 MCOURT`•.VILLAGE PAR'T'NERS SOUfHC1-;NTF:R, LI.CAGENERAL equity, have the right to perform such obligation of this Agreement on behalf of such defaulting owner and recover the cost thereof together with interest at the rate of twelve percent (12 %) per annum. Any such claim for reimbursement, together with interest as aforesaid, shall be a secured right and a lien shall attach and take effect upon recordation of a lien claim by the claimant with the King County Recorder's Office. The claim of lien shall include the following: (1) the name of the claimant; (2) a statement concerning the basis of the claim of the lien; (3) the last known name and address of the owner or reputed owner of the Parcel against which the lien is claimed; (4) a description of the Parcel against which the lien is claimed; (5) a description of the work performed or payment made which has given rise to the claim of lien hereunder and a statement itemizing the amount thereof, and (6) a statement that the lien is claimed pursuant to the provision of this Agreement. The notice shall be duly verified, acknowledged and contain a certificate that a copy thereof has been served upon or mailed to the party against whom the lien is claimed, either by personal service or by mailing (first class, certified, return receipt requested) at the address for mailing of tax statements with respect to the property against which the lien is claimed. A party which files a lien shall be obligated to release the lien if the owner of the parcel posts a bond or deposits cash equal to one hundred fifty percent (150 %) of the liened amount as security for the payment thereof The lien so claimed shall attach from the date of recordation solely in the amount claimed thereby and it may be enforced in any manner allowed by law for the foreclosure of liens. Notwithstanding the foregoing, such liens shall be subordinate to any mortgage or deed of trust given in good faith and for value now or hereafter encumbering the Parcel subjected to the lien which is recorded prior to the date of such lien, and any purchaser at any foreclosure or trustee's sale (as well as any grantee by deed in lieu of foreclosure or trustee's sale) under any first mortgage or deed of trust shall take free and clear from any such then existing lien, but otherwise be subject to the provisions of this Agreement. The failure of the owner or owners of a Parcel to insist in any one or more cases upon the strict performance of any of the promises, covenants, conditions, restrictions or agreements herein, shall not be construed as a waiver or relinquishment for the future breach of the provisions hereof. 9. Rights and Obligations of Lender. The charges and burdens of this Agreement are, and shall at all times be, prior and therefore superior to the lien or charge of any mortgage or deed of trust hereafter made in good faith and for value affecting the Leede or VPS Parcels or any part thereof, or any improvements now or hereafter placed thereon, but are subordinate to the security interests of record on the date hereof A breach of any of the easements, covenants, or restrictions hereof shall not defeat or render invalid the lien or charge of any mortgage or deed of trust. The superiority of this Agreement shall be limited to the extent that title to any property acquired through sale under foreclosure of any mortgage or deed o affected by power of sale, judicial proceedings, or otherwise, shall be subject to all the charges and burdens affecting the Leede and VPS Parcels by virtue of this Agreement, as noted in paragraph 8 hereof 10. Release From Liability. Any person acquiring fee title to the Leede or VPS Parcels or any portion thereof shall be bound by this Agreement only as to the Parcel or 390 l''00 I:05/15/07 .4- EASEMENT AG R4 MCOURT\VILC..AGE PARTNERS SOIITUCENTER. 1.LC''GENERAL portion of the Parcel acquired by such person. Such person shall be bound by this Agreement only during the period such person is the fee owner of such Parcel or portion of the Parcel, except as to obligations, liabilities or responsibilities that accrue during said period. Although persons may be released under this paragraph, the easements, covenants and restrictions of this Agreement shall continue to be easements, covenants and restrictions upon the Parcels, running with the land, and shall inure to the benefit of, and be binding upon their successors and assigns in title or interest. 11. Not a Public Dedication. Nothing herein contained shall be deemed to be a gift or dedication of any portion of the Parcels to the general public or for the general public or for any public purposes whatsoever, it being the intention of the parties hereto that this Agreement shall be strictly limited to and for the purposes herein expressed. The right of the public or any person to make any use whatsoever of the Easement Areas of the Parcels herein affected, or any portion thereof (other than any use expressly allowed by a written or recorded map, agreement, deed or dedication) is by permission, and subject to the control of the owner. Notwithstanding any other provisions herein to the contrary, the owners of the Parcels may periodically restrict ingress and egress from the Easement Areas in order to prevent a prescriptive easement from arising by reason of continued public use. Any restriction on ingress and egress shall be limited to the period reasonably necessary to prevent the creation of a prescriptive easement and, to the extent reasonably practical, shall occur at such time as to have a minimum effect on the parties hereto. 12. Rules and Regulations. The owners of each Parcel shall have the right to establish reasonable rules and regulations related to the use of its Parcel under terms of this Agreement. 13. Early Termination. If an owner of a Parcel defaults in its obligations hereunder or violates any rules or regulations established by the other Parcel owner and fails to cure such default or breach within thirty (30) days after written notice thereof; or if the owner of a Parcel materially and permanently changes the nature or intensity of the use of its Parcel or the Easement Area, the owner of the other Parcel shall have the right to terminate this Agreement upon thirty (30) days prior written notice to the other party. Further, if there is a sale of a Parcel or if there is a disagreement among the parties as to the paragraph 12 rules and regulations or other matters related to this Agreement or its impact on a Parcel that cannot be resolved within one hundred eighty (180) days, then either owner may terminate this Agreement upon thirty (30) days prior written notice to the other party. 14. Notices. All notices provided for herein may be delivered in person, sent by Federal Express or other overnight courier service or mailed in the United States mail postage prepaid and, if mailed, shall be considered delivered three (3) days after deposit in such mail. The addresses to be used in connection with such correspondence and notices are the following, or such other address as a party shall from time to time direct: 3901 %001 :05/15/07 -5- EASrMENT AGR4 MCAIJRTNII,i.AGE PARTNERS SOUTIiCI'!NTER. Id,CCENi;RAL Leede: VP S: 15. Miscellaneous. 9539 NE l 5t Street Bellevue, Washington 98004 Attn: Charles Doland 1420 Fifth Avenue, Suite 2200 Seattle, WA 98101 Attn: Mark McDonald (a) Headings. The headings in this Agreement are for convenience only and do not in any way limit or affect the terms and provisions hereof (b) Unenforceability. If any provision of this Agreement is held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect the remainder of such provision or any other provisions hereof (c) Gender. Wherever appropriate in this Agreement, the singular shall be deemed to refer to the plural and the plural to the singular, and pronouns of certain genders shall be deemed to include either or both of the other genders. (d) Governing Law. This Agreement shall be construed and enforced in accordance with the laws ofthe State of Washington. (e) Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but which when taken together shall constitute one and the same instrument. (f) Amendment. This Agreement may be modified, amended or canceled only by further written agreement of all record owners ofthe Leede and VPS Parcels. 16. Entire Agreement. This Agreement constitutes the entire agreement among the parties with respect to the subject matter hereof and supersedes all prior agreements, oral or written, express or implied, and all negotiations or discussions of the parties, whether oral or written, and there are no warranties, representations or agreements among the parties in connection with the subject matter hereof except as set forth herein. 390P001:05/15/07 G- EASEMENT AGR4 MCOURTIVILLAGE PARTNERS SOUTNCENTER. LLC"+GEN ERAI. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. LEEDE CS &JH LEEDE, LLC, a Washington limited liability comp. VPS l B y Its ft-Lk A;1a &L tz- M- 6/ VILLAGE PARTNERS SOUTHCENTER, LLC, a Washington limited liability company Mark McDonald, Manager Mern f 3901 MODI:05 /15107 -7- EASEMENT AGR4 MCOI:RT`.VILLAGE PARTNERS SOUTHCENTER. I,I.C•C,EN ERA[. STATE OF WASHINGTON ) COUNTY OF KING ) On this 7 day of Nt / , 2007, before me, the undersigned, a Notary Publi in and for the State of Washington, duly commissioned and sworn personally appeared e i f1&c-k- Or L MJO , known to me to be the I.A C ?tilt of CS &JH LEEDE, LLC, the limited liability company that executed the foregoing instrument and acknowledged the said instrument to be the free and voluntary act and deed of said limited liability company, for the purposes therein mentioned, and on oath stated that he was authorized to execute said instrument. ss. 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. COLLO sTAT'OF VAISHIDIGTOtt NOTARY — • -- PUSLC Si ialu • J �t�•c \a,i 4 - • — - r`. Prim K.i c NOTARY PUBLIC in and for the State of Washington, residing at 3.•: -- ` k._E... My commission expires vl . ,z 3901'001:05/I5;i37 -R- EASEMENT AGR4 MCOCRTSVILL.AGF PARTNERS SOUTEICE,NTI-R. LLCIGENERAI. STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) • On this \ I' day of S\r\l:;. , 2007, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn personally appeared MARK McDONALD, known to me to be the Manager of VILLAGE PARTNERS SOUTHCENTER, LLC, the limited liability company that executed the foregoing instrument and acknowledged the said instrument to be the free and voluntary act and deed of said limited liability company, for the purposes therein mentioned, and on oath stated that 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. c . [ tiv 66rirtgicPf *et/X.1C 3901\OD!:O5/15117 MCOURT`,WILL.AC;F, PARTNERS SOUTH(:ENTER. EN FR AL: ,S ignitor x \ Print Nmmc NOTARY PUBLIC in and for the State of Washington, residing at My commission expires IJISEMENT AGR4 Dated: :2 3i- STATE OF WASHINGTON ) ) ss. COUNTY OFG. M ' N5 ) I CONSENT The undersigned, being a secured lender with respect to the VPS Parcel, hereby consents to the foregoing Easement Agreement and agrees that it will have priority over the lien of the undersigned's Deed of Trust. , 2007 FRONTIER BANK ,:- B Its !/; r r` /,, 47 On this , .3 - -t day of t+ , 2007, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn personally a eared ) 1 m C_CU I , known to me to be the,5416r Vte ' of FRONTIER BANK, thecj_.cc o,N that executed the foregoing instrument, and aclatowledged the said instrument to be the free and voluntary act and deed of said C:kiGiti,'tt\9`l , for the purposes therein mentioned, and on oath stated that he/she 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. M. Ls. � �;. y ' {'� Signature NC A.. Fr'.' l y� PU Llf -b M. Aiv Print Name NOTARY PUBLIC in and for the State of Washington, residing at My commission expires 39011001:05!I5/07 -10- EASEMENT AGR4 M COURT\Vi LLAGE PARTNIiRS SO UT FI(' ENT ER, LLC•QIiNERAL EXHIBIT I THAT PORTION OF TRACT 3 OF THE PLAT OF ANDOVER INDUSTRIAL PARK NO. 2, ACCORDING TO THE PLAT RECORDED IN VOLUME 71 OF PLATS, PAGE 68 AND 69, IN KING COUNTY , WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID TRACT 3; THENCE SOUTH 01 ° 05'06" WEST ALONG THE EASTERLY LIMITS OF SAID TRACT 3 A DISTANCE OF 30.00 FEET; THENCE NORTH 88 ° 25'27" WEST A DISTANCE OF 175.00 FEET TH THE NORTHWEST CORNER OF THAT CERTAIN TRACT OF LAND AS COVEYED TO FRANK C. BUTY ET AL., BY DEED RECORDED UNDER AUDITOR'S FILE NO. 7109070112, AND THE TRUE POINT OF BEGINNING; THENCE SOUTH 01 ° 05'06" WEST A DISTANCE OF 200.00 FEET TO THE NORTHEAST CORNER OF THAT CERTAIN TRACT OF LAD AS CONVEYED TO HUGH S. FERGUSON AND HIS WIFE JANE A. FERGUSON BY DEED RECORDED UNDER AUDITOR'S FILE No. 6145317; THENCE NORTH 88 ° 25'27" WEST A DISTANCE OF 201.01 FEET TO TILE SOUTHEAST CORNER OF THAT CERTAIN TRACT OF LAND AS CONVEYED TO H. JAY GOULD AND HIS WIFE LEOTO GOULD, BY DEED RECORDED UNDER AUDITOR'S FILE NO. 6050292; THENCE NORTH 0105'06" EAST A DISTANCE OF 200.00 FEET; THENCE SOUTH 88 ° 25'27' EAST A DISTANCE OF 201.01 FEET TO THE TRUE POINT OF BEGLN'NLNG. ?AGE 9 EXHIBIT 2 LEGAL DESCRIPTION EXHIBIT (Paragraph 4 of Schedule continuation) THAT PORTION OF TRACT 3, ANDOVER INDUSTRIAL PARK NO. 2, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 71 OF PLATS, PAGES 68 AND 69, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID TRACT 3; THENCE SOUTH 9B °25'27" EAST ALONG THE SOUTHERLY LIMITS OF SAID TRACT 3, A DISTANCE OF 250.00 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT BEING THE SOUTHEAST CORNER OF THE DAVIDSON PRODUCTS COMPANY SITE, AS DESCRIBED IN THAT INSTRUMENT RECORDED UNDER RECORDING NUMBER 5775047; THENCE NORTH 01 °05'06" EAST A DISTANCE OF 214.00 FEET TO THE SOUTHERLY BOUNDARY OF THE KIRSCH COMPANY SITE, AS RECORDED UNDER RECORDING NUMBER 6110635; THENCE SOUTH 86 °25'27" EAST A DISTANCE OF 152.01 FEET TO THE SOUTHEAST CORNER OF SAID KIRSCH COMPANY SITE; THENCE SOUTH 01 °05'06" WEST A DISTANCE OF 214.00 FEET TO THE SOUTHERLY LIMITS OF SAID TRACT 3; THENCE NORTH 8B °25'27" WEST A DISTANCE OF 152.01 FEET TO THE TRUE POINT OF BEGINNING. . object + space ltd .1.• 10111111••••••0•71Mel• 11/■•■14.110 OWNS DUCK ORNY EXHIBIT 3 3901 '001 :05/15:117 -13 MC7()LIRTWILI AGE PARTNERS SOlITHCENTER, 1.1.C.GEN MAL MIS IIIVD MAIL OVT111/ FltleattO PAILS .MINAfr SIT 'AU WALL rat 3/14/32:0 Al EASEMENT AG R4 object • space ltd .slr .gorier s r _Ka Sti WO MAL CUM fKXIMlUM II CMG F•fb/L.. PNIW 91tPI SCA /VIC - r1Y SBNi7v A2 3901`001 :05/15107 -15- EASEMENT AGR4 MCOl1RT'WILLAGIi PAK7NERS SOUTHCENTER, L.LC'\G! NERAL