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HomeMy WebLinkAboutPermit L07-050 - WIG PROPERTIES - SOUTHCENTER SQUARE BINDING SITE IMPROVEMENT PLANSOUThCENTER SQUARE BSIP BINDING SITE IMPROVEMENT PLAN 17500, 17100,17250 SC PY L07 -050 Project Name: S e- S 'ka t e City of Tukwila Department of Community Development 6300 Southcenter Boulevard, Suite #100 Tukwila, Washington 98188 Phone: 206-431-3670 Fax: 206 - 431 -3665 Web site: http: / /www.ci.tukwila.wa.us Sheet Number(s): "Cloud" or highlight all areas of revision including date of revision \applications \forms- applications on line \revision submittal Created: 8 -13 -2004 Revised: REVISION SUBMITTAL - ;71VEn :kastdiii 1 t!1 Date: b/q ( Plan Check/Permit Number: LO - c250 Steven M. Mullet, Mayor Steve Lancaster, Director Y Revision submittals must be submitted in person at the Permit Center. Revisions will not be accepted through the mail, fax, etc. ® Response to Incomplete Letter # '.. See =- el \ »/ 14 (VI ❑ Response to Correction Letter # ❑ Revision # after Permit is Issued ❑ Revision requested by a City Building Inspector or Plans Examiner Project Address: ` SC r / L / Contact Person: . Wo Phone Number: 14 P-5 ( 5$ - 4 —11 •1 - 44 Summary of Revision: e t e4LS e 3 -Z - e 6 e■As-ea ``t< ''11 4 eke C elATS i °t ,L, L°s L 71 r - -{ R VrieS Received at the City of Tukwila Permit Center by: ❑ Entered in Permits Plus on 14 November 2007 Leshya Wig 4811 134 Place SE Bellevue, WA 98006 Subject: L07 -049 Lot Consolidation L07 -050 Binding Site Improvement Plan Dear Leshya: Congratulations. The Lot Consolidation has been approved and signed. It is now ready for recording. According to the City regulations (TMC17.08.050) the approval /application shall expire within one year of the date of approval, which is November 2, 2007. Please pick up the signed and approved plat and record it at the King County Recorder's Office. (http://www.metrokc.gov/recelec/records/recorderServices.htm.) The following items will need to be addressed and revised prior to approval of the BSIP for Southcenter Square. Sheet 6 of 6 needs to be revised to show an accurate site plan. It would be helpful to have the truck movements eliminated from the site plan and to explain the purpose of the dashed lines that are shown within the area of the two parcels. The title report did not contain a copy of the Easement Agreement recorded under 6436259. According to the application, this easement has been terminated and replaced by Easement agreemet 20061020001260. It is not clear who is party to the Agreement 6436259 and if they have signed the replacement agreement. The replacement agreement shows only a signature by the Wigs and Kohls. Please provide copies of the missing agreement or some other record that supports the termination of the agreement. Please include within the plan the building setbacks from the each of the property lines. If you or the surveyor have any questions, please call me at 206 431 3651. Sinc, rely, ei Moira Carr Bradshaw r Cizy of Tukwila Department of Community Development Steve Lancaster, Director Steven M Mullet, Mayor 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665 Interdepartmental Memorandum To: Jim Morrow via David McPherson Nick Olivas via Alan Metzler Richard Takechi, Finance Department \ \Tuk2 \vol3\HOME\MOIRA \penneys\BLA- approval memo.doc From: Moira Carr Bradshaw RE: Southcenter Square Binding Site Improvement Plan Date: September 5, 2007 File: L07 -050 The above referenced binding site improvement plan that creates two lots from one lot 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 Nick Olivas Approved by Jim Morrow Approved by Richard Takechi 1 'T (initials) (initials) (initials) RECEI IE[) JUN 1 h 2008 CITY OF TUKW! LA. FINAL DEPT. 20061219000819 Return Address: Inger C. Brockman .Montgomery Purdue Blankinship & Austin PLLC • 5500 Columbia Center 701 Fifth Avenue ' Seattle, WA 98104-7096 RECEIVED AUG 2 7 2007 COMMUNITY DEVELOPMENT 20061 FAGE001 OF 007 12/19/2006 12:26 COUNTY, NA FIRSTANIENDMENT OF RECIPRQCAL EASEMENT AGREEMENT Reference Number(s) of related document(s): 2006102000126" •.:, .:." Grantor : :"1) Kohl's Department Stores, Inc, a DelaWare'corporation. 2) Wig Properties, LLC-SS, a Washington liinited liabihty company Giantce: .1) Wig Properties, LLC-SS, a Washington limited liability .CoMpany 2) lc.bhP'S Department Stores, Inc, a Delaware corporation.: Legal Description (abbreviated) : Portion of the South 1/2 of Section 26, T23N, R4E W.M. fuil legal descr4Aion 'on the attached Exhibit A Assessor's Tax Parcel II) Nunitier 2623049080, 2623049081 and 2623049117 This FIRST AMENDMENT OF RECIPRO :. EASEMENT AGREEMENT ("Agreement") is made this Lay Of Deceniber, 2006 by Kohl's Department Stores, Inc, a Delaware corporation ("Kohl'.S") and Wig Properties, LLC-SS, a Washington limited liability company ("Developer"), and amends that certain Reciprocal Easement Agreement dated August 11, 2006 and recOrded October 20, 2006 under King County Recording No 20061020001260 ("REA"). To the extent the terins of this.Amendment are inconsistent with the other terms of the REA, the terms:: of this Amendment shall control. Unless specifically stated otherwise, all Capitalized terms in this Arnendmqa shall have the same meaning as defined in the REA. EXCISE TAXNOT g 06:A • The REA is hereby amended, in accordance with the provisions of Section 14.4 of ,: theA, as follows: • . Height Restrictions. The height restriction on the Kohl's Tract and the ::Developer Tract set forth in Section 2.3(e) of the REA is increased from 36 feet to 39 feet. Accordingly, Sections 2.3(e).(i) and (ii) are amended to read as follows: ' • On the kohl ",s :Tract (ii) ; On the 1::: Tract .." Shoppiing Center Re,strictiOns.: The restrictions set fOrth in Section 5.1(f)(i) of the REA (requiring that the Occupants conducting such displays ,‘And sales must conduct similar displays and sales in the ordinary course of business A.:their. other locdtions, if any), Section :54(f)(vi) of the REA (prohibiting items disPlayed,on Developer Tract closer than 75 feet from the boundary of the Kohl's Tract); Section 5.1(1)(ki.)af the REA (prohibiting more than two (2) sidewalk sales per year), and Section 5:;:1(f)(xiii) of the REA (prohil7iitin0 sidewalk sales during the two-week period immediately . 4preceding Easter,„ Sunday or during the months of October, November, and December) shall not apply to NORDSTROM :INC., a Washington corporation dba Nordstroni "Rack" so long as it it:.operatingtinder the tradename "Nordstrom Rack." s Signatures on following pages. • First Amendment of Reciprocal Easement Agreement - 39 feet - 39 feet except that a tower feature in the location shown as "Tower Feature" on the Site Planlnay reach up to 60 feet in height::: above finish floor elevation. . . • • „ • • • • .• STATE OF: WISCONSIN COUNTY OF 'WAUKESHA • IP .. IN WITNESS WHEREOF, Kohl's and Developer have caused this Agreement to be - ekecuted effective as of the day and year first above written. KOHL'S DEPARTMENT STORES, INC., a Delaware corporation First Amendment of Reciprocal Easement Agreement Name: Michael D. Distel Title: Senior Vice President of Real Estate 'Attest"' Name: tchar:`: cheep Titre: Secretary... LU ANN M. LIPKE , a Notary Public in and for said County, in the State aforesaid, DO 1'- I5REBY CERTIFY that Michael D. Distel and Rich'ard D;' Schepp, personally ., known to .me to' be' the S enior Vice President of Real Estate and Secretary, respectively, of ..KOIIL'S STORES, INC., a Delaware corporation, whose naives are subscribed to:.the within instrurnient, appeared before me this day in person and acknowledged that they sigiied,.and delivered said instrument of writing as such respective officers, as their free and voluntary acts and :as the fr voluntary act and deed of said corporation, for the uses and purposes therein set forth. : ` GIVEN under my hand :and ] :Notary Public My Cotrimission Expires: 1 () 't 8 01 COUNTY OF KING STATE OF WASHINGTON ) . : WIG PROPERTIES, LLC -SS, a Washington limited liability company By: k .- A Name. M A Mo fti IC." I, totQ'(, a Notar Public in and for s�id, in the State aforesaid,: DO HEREBY CERTIFY that nApt l itvpilCc.r k t , , personally ]dawn to me to be `the" /to.I ,s111-e-141/22/1/ : - of WIG.: PROPERTIES,,LI C -S$, a Washington limited. liability company, w ose name is subscribe ,to "the,within instrument, appeared before me this day in,person and acknowledged that he signed and. ielivered said instrum of writing as such t �subii , w�tn/sci' as his free and voluntary act and as 'the free and voluntary act:`and deed of said _�(G , for the uses and purposes therein set forth GIVEN under my.hand and Notarial Seal, this 2- day of bk�1; : 2 006. First Amendment of Reciprocal Easement Agreement Notary Public rr My Commission Expires: t D /'�7 LEGAL DESCRIPTION KOHL'S PARCEL .THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER AND OF THE NORTHEAST ,QUARTER OF THE SOUTHWEST QUARTER OF SECTION 26, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 26; THENCE. NORTH: 88 WEST 'ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER, A DISTANCE OF 2678.68 FEET TO THE EAST LINE OF SAID NORTHEAST QUARTER OF TH8 SOUTHWEST QUARTER; THENCE SOUTH 01 WEST ALONG SAID EAST LINE 657.29 FEET; THENCE CONTINUING SOUTH 01 WEST 24.50 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 88 EAST 612.79 FEET 70 THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHWEST, HAV/NG AcRADIUS OF 35.50 FEET, AND A CENTRAL ANGLE OF 89 THENCE SOUTHEASTERLY AND SOUTHERLY ALONG SAID CURVE AN ARC DISTANCE OF 55.64 FEET; THENCE SOUTH 01 WEST 306‘29 .FEET; THENCE NCRTH 88 WEST 380.78 FEET; THENCE SCUTH 02 WEST 16.33 FEET; THENCE NORTH 88 WEST 360.00 FEET; 'THENCE NCRTH 02 EAST 355.69 FEET; THENCE NORTH 86 EAST 25.11 FEET; THENCE SO'JTH .000'00" EAST 66.43 FEET TO THE POINT OF BEGINNING; CONTAINING AN ,AREA OF 258,480 SQUARE FEET, OR 5.9339 ACRES, MORE SITUATE IN THR CITY OF TUKWILA, KING COUNTY, WASHINGTON. WIG:PROPERTIES NEW RETAIL SITE .JOHANN G. WASSERMANN, P.L.S. BRH aoB NO 95254.08 SEPTEMBER,1, 2006 BUSH, ROED& HITCHINGS,INC. 2009:MINOR AVENUE EAST — SEATTLE, NA ...9$102 - -, (206) 323 • LEGAL DESCRIPTION DEVELOPER'S PARCEL THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER AND OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 26, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 26; THENCE NORTH 88 EST ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER, A DISTANCE OF 2678.68 FEET TO THE EAST LINE OF SAID NORTHEAST QUARTER OF THE SOUTHWEST QUARTER; THENCE SOUTH 01 WEST ALONG SAID EAST LINE 657.29 FEET TO A POINT HEREINAFTER REFERRED TO 1S POINT "A"; THENCE CONTINUING SOUTH 01 WEST 24.50:: THENCE NORTH 88 WEST 66.43.FEET; THENCE SOUTH 86 WEST 25.11:FEET TO THR POINT OF BEGINNING; THENCE CONTINUING SOUTH 8642'50" WEST 57.14 FEET; THENCE SOUTH 86 WEST 108.03 FEET; THENCE NORTH 89 WEST 68.61 FEET: . , THENCE NORTH 88 WEST 10.49, FEET TO ..'11 BEGINNING OF A CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 9150 FEET, AND A CENTRAL ANGLE OF 10 THENCE WESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 1.66 FEET; THENCE SOUTH 81 WEST 174.10 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 34,50 FEET, AND A CENTRAL ANGLE OF 48 THENCE SOUTHWESTERLY ALONG SAID CURVE AN ARC LENGTH :OF 29.19 FEET TO THE EAST RIGHT-OF-WAY MARGIN OF SOUTHCENTER PARKWAY; , THENCE SOOTHt1'09'11" WEST ALONG SAID EAST RIGHT-OF-WAY MARGIN 5216FEET TO BEGINNING OF A NON-TANGENT CURVE CONCAVE TO THE NORTHEAST,, HAVING A RADIUS OF 35.00 FEET, A CENTRAL ANGLE OF 54 AND TO' WHICH RADIAL LINE BEARS SOUTH 56 WEST; THENCE SOUTHEASTERLY SAID CURVE AN ARC DISTANCE OF 33.52 FEET; THENCE SOUTH 8 EAST 790.80 FEET; THENCE SOUTH 85 EAST 81.98 FEEa' TO THE NORTH RIGHT-OF-WAY . MARGIN OF MINKLER BOULEVARD; THENCE SOUTH 87 EAST ALONG SAID NORTH RIGHT-OF-WAY MARGIN 361.37 FEET TO THE BEGINNING OF FiNON-TANGENT. CONCAVE TO THE NORTHWEST, HAVING A RADIUS-OF 24:50 FEET, A CENTRAL ANGLE OF 38 AND TO WHICH A RADIAL LINE BEARS SOUTH 49 EAST: THENCE NORTHEASTERLY ALONG SAID . CURVE AN ARC DISTANCR"OF 16.47 FEET; THENCE NORTH 01 EAST 250.42 FEET4 THENCE NORTH 88 WEST 380.78 FEET. THENCE SOUTH 02 WEST 16.33 FEET; THENCE NORTH 88 WEST 360.00 FEET; PAGE 1 OF 2 :THENCE NORTH 02 ° 00'00" EAST 355.69 FEET TO THE POINT OF BEGINNING; .1 TOGETHER .WITH THAT PORTION OF SAID NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF/SECTION 26; COMMENCING AT AFOREMENTIONED, POINT "A"; THENCE NORTH 88 ° 00'00" 'WEST 413.15 FEET TO THE POINT OF BEGINNING:, THENCE SiibTH . 1 °59' : 58'k WEST '1 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 34.50 FEET AND A CENTRAL OF 66 °31'50 ".: THENCE NORTHWESTERLY ALONG SAID ; CURVE AN ARC LENGTH OF 40.06 FEET TO THE EAST RIGHT -OF -WAY MARGIN OF SOUTHCENTER PARKWAY; THENCE NORTH 01 'EAST ALONG SAID EAST RIGHT -OF -WAY MARGIN 17.40 FEET; THENCE SOUTH 88 EAST 2:13.30 FEET; TO THE POINT OF BEGINNING; CONTAINING AN AREA OF 500,425 FEET, OR 11.4E382 ACRES MORE OR LESS. SITUATE,.:N 'THE CITY OF TUKWILA, KING':.COUNTY, ...WASHINGTON. • PAGE 2 OF 2 WIG PROPERTIES NEW RETAIL SITE ' r• JOHANN G. WASSERMANN, P.L.S. BRH JOB NO. 95254.08 SEPTEMBER 1, 2006 .A3USH, ROED & HITCHINGS, INC. 2009 MINOR AVENUE EAST SEATTLE, WA 98102 j206).1.2.3-4144 20061020001260 Return Address: Type Return Address Here: :Kohls Department Stores, Inc. N56 W17000 Ridgewood Drive Menomonee Falls; .WI 5305 . 1 ..:.., Attention Legal,, Department 2006102000i 260 fiI ST APIEPICAH E s ��'}} R-6�. r.' � 9 GE001 OF 9 61 9 2.00 E C E I c' .�! 1: 1 r 14: 19 LLtrJry y , 1 0/20/20ei 24 ;LO KING COUNTY, WA RECIPROCAL EASEMENT AGREEMENT Reference Number(s),.of Related'T )ocuments: N/A NIA Additional reference numbers:.on page Grantor (s) (Last name first, then first name., and' initials): Wig:: Properties, LLC -SS, a Washington lirniteil liabil :company Additional names on page 15' �3VoS`l of document(s:),, of docuine fit (s). Grantee(s) (Last name first, then first name and initials): Kohls Department Stores, Inc., a Delaware corporation Additional names on page of document(s). Assessor's Property Tax Parcel/Aecount Number(s): Part of 262304 - 9080 -03 Legal Description (abbreviated' :e. lotbloc , plat or section, township, range): NW 1/4 of SE 1/4 ' and NE ;1/4 :: of . 1/4 of Section 26, Township 23 North, Range 4 Wes ® Full legal is on page /exhibit A of document(s). AUG 2 7 2007 COMMUNITY DEVELOPMENT • • • RECIPROOAL EASEMENT AGREEMENT . BETWEEN KOHL'S DEPARTMENT STORES, INC GAsharellegahStores\WA\Tukwila\REA 071706a.DOC Page 1 . . WIG 'PROPERTIES, LLC-SS • G:\share\legal \Stores \WA \Tukwila\REA 071706a.DOC Page 2 • • TABLE OF CONTENTS Page , ?ARTICLE I. 5 DEFTNITlONS 5 .1.1. Agreement -• 5 1.2. Approved Plans a : 5 1.3: Approving Owners ` 5 1.4. Building 6 1.5. Building Area • 6 1.6. Center Pylon'Sign(s) 6 1.7. Claims ••• '''• 6 1.8. Common Area . 1.9. Constant Dollrs 6 1.10. Floor Area 7 1.11. Governmental Regulations 7 1.12. Improvements 7 1.13. Interest Rate 7 1.14. Mortgagee 7 1.15. .Occupant 7 1.16. Owner., 1.17. . Permittee 1.18. j Person 8 1.19: Prime Leak 8 1.20. Prime Lessee 1:1. Restaurant: 1.22. . Service Areas '...1.23..: ` Tract 8 1.24. '''. , — , Utility Line's 8 ARTICLE 2 9 BUILD 0 COMMON =AREA DEVELOPMENT 9 2.1. Building Location _ 9 2.2. Common Area •• 2.3. Type and-Des ign. 6f Improvements 10 2.4. Construction'Requirements 13 2.5. Temporary License 13 2.6. Indemnity 14 2.7. Approval Procedures , .:•t 14 2.8. Liens 14 ARTICLE 3 15 EASEMENTS , 15 3.1. Ingress and Egress :::::::, 15 3.2. Parking 15 3.3. Utility Lines and Facilities 16 3.4. Signs .18 3.5. Permanent Drive i " 3.6. Storm Drainage and Detention Easements 19 3.7. Pedestrian Access Easements ' • ' 19 3.8. Building Encroachments 20 3.9. Dedication to Public Entities -20 .•`• 3.10. No Merger 2 0 i 7 7 8 8 8 9 :ARTICLE 4 21 OP PERATION OF COMMON AREA 21 .1. : " Parking Requirements 21 4.2. Employee Parking 21 4.3 : " "'`:: Occupant Signs 21 4 Pratection'of Common Area 23 4.5. Changes to Common Area " "" 23 • ARTICLE 5 24 RESTRICTIONS ON USE 24 5.1....,.: Shopping Restrictions 24 5.2. Proprietary Rights. -of Kahl's` 29 5.3. Hazardous Materials.., 29 30 ARTICLE 6 MAINTENANCE STANDARDS 6.1. Maintenance Obligations 6.3. Maintenance Director ARTICLE 7 ARTICLE 10 10.1. Taxes and Assessments ARTICLE 11 ARTICLE 12 LIEN FOR EXPENSES OR TAXES 12.1. Effectiveness of Lien G:\ share \legal\Stores \WA \Tukwila\REA 071706a.DOC Page 3 • • ARTICLE 9 • PROPERTY DAMAGE AND EMINENT DOMAIN ' "' 9.1. Maintenance of Buildings and Service Areas 9.2 Damage to Buildings 9.3. Casualty Damage to 4rea 9.4. Eminent Domain LIGHTING'' 32 7.1. .: ' General Requirements r .. 32 7.2. Additional Lighting •,. ` 32 ARTICLE 8 ' ..' *. 33 INSURANCE AND INDEMNITY ;' 33 8 :1. Lialnlity Insurance ... 33 : '8.2. Insurance Coverage During Construction ;. 34 :` 8.3. Properly Insurance 35 •.. 8.4 "'Insurance Requirements 35 '8,5. Waiv'er Sub ogation 36 8.6..•.:., _,Indemnification 1y Oxnners,.. 36 37 37 37 37 38 38 39 PAYMENT OF TAXES 39 39 DEFAULT 11.1. Default 11.2. Right to Cure 11.3. Remedies Cumulative 11.4. Attorneys' Fees 30 30 31 32 39 39 39 40 41 ::41 ' 41 Priority of Lien 42 : ARTIC .J3 42 BINDING E.P'FCT 42 13.4 Successors and Assigns 42 13 2. Limitation on Release 42 13.3. Termination'ofKohl's Lease 42 ARTICLE 14 43 ' .NIISC. LLAINTEOUS 43 14.;1. CovetantsRun Witk the Land 43 14.2 .. .. No Public : Ded cation ,. ° . 43 14.3. Duration c. 14.4. Modifcation and :Termination • 44 14.5. Method'ofApprOval •: ` 44 14.6. Multiple Owners 45 14.7. Estoppel Certificates 45 14.8. Breach Shall Not `Permit:Termination 45 14.9. Notices 46 14.10. Waiver 46 14.11. Severabilio F 46 14.12. Not a Partnership 47 14.13. •'Captions and Headings 47 14.14. ,' Interpretation 47 14.15.:: Entire Agreement 47 14.16. Joint and Several Obligations 47 14.17. Recordation 47 14,`18. Mortgagee:Proteetion 47 14.19 variances 47 14.20. :' Coyinterprrts...,z,. 48 EXHIBITS'' G :\.share\legal \Stores \WA \Tukwila\REA 071706a.DOC Page 4 A -1 LEGAL•DESCRIPTION OF THE KOHL'S TRACT A -2 LEGAL DESCRIPTION OF:`THE DEVELOPER TRACT B SITE PLAN • C APPROVED GRADING, DRAINAGE AND UTILITY PLANS D SIGN EXHIBIT E INITIAL ELEVATIONS RECIPROCAL EASEMENT AGREEMENT :THtS EASEMENT AGREEMENT (this "Agreement") is made as of July _ _ ; :2006, by and between KOHL'S DEPARTMENT STORES, INC., a Delaware corporation (°kohl's "); ".and WIG PROPERTIES, LLC - SS, a Washington limited liability company • ..( "Developer"). :RECITALS A. :.Developer the owner of a certain tract of land legally described in EXHIBIT A -1 attached hereto and•Thade a: part hereof and :Identified as the "Kohl's Tract' on the site plan attached heretoas EXHIBIT. B and made a part hereof (the "Site Plan "). B. Developer :also.' is the owner.. of certain tract of land legally described in EXHIBIT A -2 attached hereto.:and made'a part hereof-and identified'a:s the "Developer Tract" on the Site Plan on which is anticipated to constructed buildings E2, E3, E4, N and S. C. The Kohl's Tract and :the' Developer Tract. (Collectively, the Shopping Center") are located at the northeast corner of -the intersection of S,outhcenter..,.Parkway and Minkler Boulevard, in :the City of Tukwila, County of King State:of Washington :" VS' D. Pursuant to a certain Lease date, t , 2006 "Kohl's :Lease ")., by and between Developer, 'as landlord, and Kohl's, as tenants Kohl's leased, the Kohl's Tract from Developer. 'E. The signatories hereto intend to develop and operate their respective Tracts in conjunction with each other as integral parts of an integrated retail shopping compfex, but not a planned dr.:.cot`nmon interest d evelopment/community, and in order to effectuate the common use and operation of their °respective Tracts they desire to enter into certain covenants and agreements, and to grant to each other., certain reciprocal easements, in to, over and across their respective Tracts.:; NOW, THEREFORE/in: consideration of the covenants and agreements hereinafter set forth and for other good -and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Kohl's and Developer hereby agree as follows: ARTICLE 1 DEFINITIONS 1.1. Agreement "Agreement" shall rnean Easernent•Agreement. • 1.2. Approved Plans. "Approved Plans" Shall:: mean the : grading; "drainage :.and utility plans for the Shopping Center approved by the Approving and referenced on EXHIBIT C attached hereto and made a part hereof. . G:\share\1egal \Stores \WA \Tukwila\REA 071706a.DOC Page 5 �► • 1.3. Approving Owners. " Approving Owners" shall mean the Owner designated from time to time to make certain decisions and /or give certain approvals pu'rst a it to the terms :;" • of this Agreement. There shall be one Approving Owner representing the Developer Tract and :•one Owner representing the Kohl's Tract. Developer shall be the initial Approving Owner for the Developer Tract, and Kohl's shall be the initial Approving Owner for the Kohl's ":.• Trect. ESCh Approving Owner shall have the right to assign its position as Approving Owner • .pUrSuant to, Section 13.1. • . • 1.4. ,'Building. 'Building" shall mean any permanently enclosed structure placed, Constructed or lOcated on a::Tract; shall include any appurtenant canopies and supports. : Building Area. "BUildlng Area":.:shall mean all those areas on each Tract designated as::"Buildthg Areaa! onthe Ptah and Within which Buildings may be constructed, placed or located. ,• „ ;: 1.6. Center Pylon :ion(). : :'"Center Pylon Sign(s)" shall mean the pylon and/or monument signs designated,on the Site. Plan. ,.••• • , . 1.7. Claims. "Claims' shall mean : causes of action; claims, liabilities, losses, damages, costs and expenses (including reasonable attOrneys'i-feeS and court costs). 1.8. 'Common Area "Common Area" shall mean all those areas On each Tract which are not from time to time actually covered W...puildings.:Or Service Areas %:•Canopies which extend over the Common Area together with anY'colUmns or posts supporting same, shall be deemed to be,i'.part of the Building to which they are attachedi'and•not part of the Common Area The improvement or use of any portion of the Building Area as Area shall not be construed as .::a permanent inclusion of such portion within the Common Area, and such portions may at any time thereafter, be improved with Buildings and „appurtenances as contemplated by this Agreement. Constant (a) "Constant shall mean the present value of the dollars to which such phrase refers . The first adjustment of Constant Dollars shall occur on January 1, 2012, and Constant Dollars shaft every five years thereafter. Constant Dollars shall be determined by multiplying the dollar amount to be adjusted by a fraction, the numerator of which is the Current Index Number and the denominator of which is the Base Index Number. „•, (b) "Base Index Number" shall'mpan,:the.„leyel O. for September, 2006. (c) "Current Index Number" shall mean:the level:of the Ihdexibrthe month of September of the year preceding the adjustment year,. • '• (d) "Index" shall mean the Consumer Price Index for All Urban Consumers... (CPI-U), U.S. City Average, published by the Bureau of Labor StatiSticSof;the United ..... States Department of Labor (base year 1982-84=100), or if Publicatiorrof the Index is discontinued, a substitute index selected by the Approving Owners of comparable statistics computed by an agency of the United States Government irnone, by a GAshare \legal \Stores \WMTulcwila\REA 071706a DOC Page 6 { • / , 1.10. Ploor Area. "Floor Area' shall mean the total number of square feet of floor ..SpaCe pH• oach floor in a Building, including basement, subterranean, balcony and mezzanine space,' irreapective 'Whether actually occupied, and including any outdoor seating area used e*clytively by an Owner dr Occupaiif fOr its Permittees. Floor Area shall be measured from the exterior line Of. eXterior Wails:and from the center line of any party or common interior walls without:dedUction cOlurnn, otherStructural or non-structural components; provided, however, in no eVent'shall the folloWing' be inClUded in such calculations: (i) any mezzanine area or basement area u$ed.aolely:for the storage of merchandise and trade fixtures, (ii) Service Areas and (iii) any entrsi feature' thatis con8tructed primarily for aesthetic purposes and does not contain any uSable sales flobr. 1.11. Governmental RegulatiOna: "Governm'ental Regulations" shall mean any or all laws, statutes, ordinances, codes', deOreee, rulings, regulations, vkitS', injunctions, orders, rules, or conditions of approval or authorization 'of any' governmental' entity, agency or political substantiat and responsible periodical or pubJication of recognized authority most closely • .:pproximating the result which wou]d have been achieved by the Index. 1.12 'Improvements. "ImprovementS" shall Moan-any::Building, sigri,or Cortirribn Area improvements located in the Shopping Center. 1;13. :interest Rate. "Interest Rate" shall meari:the Prime plui twb percent. As used hOrein, Rate" shall mean the rate of interest published fr . tirne to:time as the "Prime:Rate" in the Wall Street Journal under the heading "Money 1:2ates7', prOvided, however, that (i) if robre than one such rate is published therein the Prime Rate.:::shall be the highest such rate,' and.:;(ii),..if such • rate is no longer published in The Wall Street •JOulnal is otherwise unavailable; The prime Rate.shall be a substantially comparable index of shbrt term loan interest • 1.14. Moitgageo: "Mortgagee" Shall mean any mortgagee under a mortgage, a grantee under a deed to Ociffe.‘de0, c alrystee or beneficiary under a deed of trust constituting a lien on any Tract . 1.15. Occupant "OCcupane.: shag moan any Person or Prime Lessee from time to time entitled to the use and occbpancy of ariy pOrtiosi of a Bililditig in the Shopping Center under an ownership right or any lease, SubleaSe, assignment,licenSe, Concession, or other similar ' i ' ' *��|� 0�e� 1.1�� Owner. Forthep of�h record holder of fee simple title to a Tract or a futote sUbdivision thereof, ita heirs, personal representatives, successors and assigns, or (ii) a PriMetessee aS tqs TroCt that is subject to a Prime Lease. Each Tract may have only one Owner. • • . 1.17. Permittee. "Permittee" shall mean all Occupanti and ; the directOrs, , employees, agents, contractors, customers, vendors, suppliers, visitor's, inVitees, .ticenSees, subtenants, and concessionaires of Occupants insofar as their activities 'relate to'the intended development, use and occupancy of the Shopping Center; provided, however,z'persons engaged Page 7 • • civiC, public or political activities within the Shopping Center, including but not limited to the ..-'follo*ing:activities, shall not be considered to be Permittees: •.• (a) exhibiting any placard, sign or notice; (b) 'distributing any circular, handbill, placard or booklet; (c) soliciting nlembeiships or contributions for private, civic, public or -• charitable purposes; ' (d) ... , parading, picketing or dembnStrating; and (e) ......failing to fallow rules dr,regulations established by the Approving Owners relating to the useof the Shopping Center::' 1.18. Person. "Person" shall nieari nidividuaF partrierships, firms, associations, corporations, limited liability comPanies, frustS, ,6overnrnental agendes, administrative tribunals . • • or any other form of business or legal entity 1.19.." Lease. "Prime Lease" Shall mean the'Kolil'sLease and any Other lease between a fee owner of an entire Tract, as landlord, and .a Prime Lessee, .as tenant./ . • 1.20. Prime "Prime Lessee" shall mean the :tenant under Kohl's Lease and any other Occupant of an entire Tract who is not the fee owner of such tract, but who, pursuant to a lease or other agreement by which such Prime Lessee assumes during the term thereof all obligations .:and responsibilities relating to the ownership anci operation :of such Tract and any business therporOs by the fee owner of such Tractas.-the,..bwner of such Tract for Purpases..af:this Agreement. •. ..Restaurant.* shall mean any operation or business which requires . .. • . •••• a governmental permit, license .and/or authorization to prepare and/or serve food for either on-site or offsite consumption, provided, however, notwithstanding anything herein to the contrary, a supermarket, grey store dr operation shall not be deemed a Restaurant. _:•. 1.22. Service Areas: "Service Areas",:Sha4 mean trash compactors and enclosures, exterior lighting attached to a, Building ; drive-up or driVe4hrough customer service facilities directly adjacent or in close proximity to a Building, side yards and rear yards used for outdoor storage (provided such outdoor storage':doei,not interfere with the flow of vehicular traffic), loading docks, electrical facilities and transformers,' truck rarnps and other similar exclusive service facilities and outward extensions, and customer pickup areas directly adjacent or in close proximity to a Building, whether or not descnbecl, labeled or depicted as such on the Site Plan. The Service Areas are the exclusive property of the Owner Of the Tract and not part of the Common Area. . •. 1.23. Tract. "Tract" shall mean that portion of the Shopping Center owned by a • 1.24. Utility Lines. "Utility Lines" shall mean those facilities and systems for the transmission or other provision of utility services, including, but not limited:1o, water drainage, detention or retention systems or structures, water mains, sewers, lift stations, water sprinkler G:Nshare\ legal\ Stores\WA \TukwilaNREA 071706a.DOC Page 8 system lines, electrical conduits or systems, gas mains, other public or private utilities providing servitelo. all Owners of the Shopping Center in common. 2.1. Building Location. OAsharelegah Stores \WA\Tukveila \REA 071706a.DOC Page 9 • • ARTICLE 2 - AND COMMON AREA DEVELOPMENT „„. All Buikiings shll.be plated or constructed upon the Tract only in the Building Areat. Buildings, may be located (or relocated) anywhere within the Building Area provided the total Floor Area Of all Buildings constructed within a Building Area does not exceed the lesser of (i) the square footage assigned to such Building Area as shown on the Site Plan (or as otheviSe designated herein), or (ii) the maximum square footage of Floor Area permitted on such tract by the application of the minimum parking requirements set forth in Section 41 below , . (b) Notwithstanding the foregoing, the constructed on the Developer Tract identified on the Site Plan as "N" shall not have its main ntrance facing East . .,•. . . All unimproved portions of a Tract shall be covered decoMposed granite, gravel, sod, hydroseed or as otherwise'permittedby"GovernmentafRegulations and kept weed free and clean at the subject Owner's cost and expense until such tithe as Buildings are constructed thereon. Although noE:Owner.Shall.have an obligation to commence construction of any Building on its Tract, Once construction of a Building has, such Building shall be completed . within a...reaSonable period of time. --• ,• Common Area The Common Area is hereby reserved 'for the sole and exclusive.,..use,Of the Owners and .Occupants of the Shopping Center, and their respective Permittees. The Common Area May be used only for vehicular driving, p king and pedestrian traffic and such other purposes as customary Shopping Centers in the Shopping metropolitan area in whicI the Shopping Center is located, unless otherwise specifically prohibited in this Agreement. The Common Area maintained as provided for in Article 6. The Owners acknowledge and agree that incidental temporary encroachments upon the Common Area may occur as esresult of:theiiseOf ladder's; . .scaffolds, store front barricades and similar facilities in connection with..tha.donstruction, replacement, alteration or expansion of Buildings, signs and/or the Common Area all of whiCh . are permitted under this Agreement so long as all activities reqUiring, OSe.::•of such equipment are expeditiously pursued to completion and are performed in such a Manner:as XI minimize any interference with - use of the improved Common Area or with the normal operation of any„.busipess in the Shopping Center. .• • 2.3. Type and Design of Improvements. .• (a) The Common Area shall be constructed in conformity with the Approved • Ptari$ - or other plans and specifications approved by the Approving Owners. Prior to • constructing any Improvements, each Owner shall submit to the Approving Owners , . grading; drainage and utility plans so that the Approving Owners may confirm compliance with this Section..2,3(a). No Improvements upon a Tract for which grading, drainage and., utility plans have not been approved may be constructed; provided, however, grading :tchanges.,resulting from the expansion of the Building or other Improvements on any Tract shall not require the further consent of the Approving Owners if such expansion iS;Within.the.13uilding Area Unless specifically approved in writing.by the Approving OWners, the drainage, grading and utilities of any Tract shall not be materially modified altered or o0e.rwiSe . changed from the Approved Plans (provided, however, a modification to .a Util4 does not impact any other Tract shall not require additional approval). There shall be no interference with the established drainage pattern and system bver.ny:.portiOn of the Tracts unless adequate provision is made for proper drainage and such interference is 'approVecti'by all affected Owners. (b) No Building shin be erected or alloWed tojemain . on the Developer Tract or the Kohl's Tract unless the plans and for SUCh:,..Building;•have been approved by the Approving Owners, Which approval shall riot iae„unreasonably$Nithheld; previded, 'however, the Approving Owners waivethe'requireMent for the of Plans„ the initial Buildings to be constructed on .the.., Tract and the Kohl's Vract if Such Buildings are constructed in compliance with the Ovations attached hereto .,••• as EXHIBIT and made a part hereof. A complete set of prbpoed,Construction plans including a site, foundation, floor plan and elevation drawings all:'§ides shall be piesepted to and approved in writing by the Approving Owners prior to commencing olpgiiig, grading, or construction of a Building of any kind on the Developer Tract. Upon completion of the-Building foundation, an actual field survey of the foundation shall be presented to the Approving Owners to ensure that it has been constructed in accordance withthe Site Plan i SuChBuilding.shall comply with the plans as presented by the Owner unless changes. in writing by the Approving Owners. The right to make inspections asure compliance is reserved to the Approving Owners. . . ... (c) Alongithe:.cornmon : boundary line between the Developer Tract and the Kohl's Tract, the separation of Building walls shalt be no less than 12 inches. Kohl's shall use reasonable efforts to' locate its Building wall 6 inches from the common boundary line, but in no event more than 7 inches therefrom. Developer agrees to use reasonable efforts to locate its Building wall at least:6•inchet the common boundary line, but in no event more than.. 7,: Therefrom. ••:- The second Owner constructing a Building along the common kioundaryline the Developer Tract and the Kohl's Tract shall undertake and assume at,:its ..:Sole cost the.obligation of completing and maintaining the nominal attachment (flashing and seal), of its Building to that of the existing Building on the other Tract,:.: it being the the Parties to establish and maintain the appearance of one - continuous Building cOrnplei1..--In. performing such attachment, the wall of one Building shall not receive support from nor: e .. apply pressure to the wall of the other Building. The attachment shalr be . performed in .,... accordance with conceptual plans and specifications provided liy„the Owner :'• •„. for the Kohl's Tract. . • . . .. „ . . . .. .,:.,.:..:, •:-. :. .,,•• ..: ....,,' G:kshare 1 legal1Stores \ WA\Tulcwila\REA 071706a.DOC Page 10 / :* (d) No Building shall be in such a manner as to affect ^ oectthe • • | irtegr�/ofany other Building in the Shopping Center. Except mmprovo1ed in / { ' don � ��hareotOoCvnerohaUhaVethe right to[na ke any attachment whatsoever nn td`an�h ' Owner's Building (such other Owner being referred to in this subparagraph 'Other"Owner") �. such Other . Owner's prior written approval which may be withheld in such Other Owner's sole and absolute discretion. If the Other Owner approvei the...requeSted the Owner making the attachment shall, prior to making-Such attachnient, obtain the Other Owner's prior written approval (which may be withheld in' its..reaSoriable diScretion) of the drawings and specifications detailing the attachtnent.'-the.Owner making th, shall do so in a manner that does not result in..the intafruption Of the business 'activities conducted on the adjoining Tract or result in ddrnage to:the irnproVementi 'place on the adjoining Tract. Such attachment shall be in strict cOnforrnance with 'the approved drawings , and specifications detailing the same. The OWner making /the.:attachment'shall repair any affected portion of the Other Owner's Building due to the attachment to the Other pwner's Building. ` ' ^ - (e) No Building in the Shopping eXceed two stories in height; provided, however, the foregoing reStriction shall .not ,,the construction of mezzanines. No Building shall exceed the' following . height restrittions without the approval of Approving Owners, whieh approVar may be granted or withheld by the Approving OWners in their sole and ababfute discretion 'ihe 0:Tukwila reluireS BUildings to be greater in height in which case the.heighfreStrictions shall automatically inorease on each Tract to that required:by the Oity..of Tukwila: _,�(]nthe Kohl's Tract - 36 feet ' ` ~ .,� � : .' _' (x) _ On Developer Tract - 36 feet feature . except . e� �!�� � �,"= / ` in Ulo ioc$th»n shown oa "Tower `..-'. ! ,-'``` Faatu�"on the Site Plan may reach \ up to 0Ofee� in height abova�nioh , �~ '/' � floor elevation. ` / ' � . � ! � Building to reduce visibility thereof by cuStorners,: As Used herein, tho phrase "Communications Equipment" means such things ai satellite 46a microwave dishes, antennas and laser heads, together with associated equiPment and cable, 'I' :•:: .. .'• The height of any Building shall be measured : perpendicular from the finished floor elevation of the groundlevel' of the Blinding to;theAop. of the roof structure, including any architectural feature, sPreening,/paiapet, penthouse, Mechanical equipment or similar appurtenance located on the - foof.of slich .Building. Any Owner shall have the right to install, maintain, repair, replace.: and 'Ternoye : Communications. Equipment used in connection with the business being: conducted by an.0cdUpant on the top of the Building on its Tract which may extend aboVe::the heightlimita established above; provided, however, such Communication Equipment Shall: be ,Set :bad( frOm. ,the.. front of the o 071706a.ou Page 11 (f) The Owners acknowledge that Kohl's initially proposes to construct on the ; ;Kohl's Tract a Building which is classified as an "unlimited area" building under certain building codes (By way of explanation, but not limitation, an "unlimited area" building is deiignated I V-A or higher under the International Building Code and in this case shall be•provided with an automatic sprinkling system throughout, and facades facing South . ..:' . 172nd Street 62nd Avenue South shall be constructed with three hour fire resistance walls with three hour openings). All Buildings constructed within the Shopping Center shalr comply with the following requirements: no Building_shall be constructed within 60 feet of the Building Area on an adjoining Tract unless uch Building, hereinafter referred to as the 'Adjacent Building," shall be located immediately adjacent to the common bOtinclary line and is .ettachecl Building, if any, on the adjacent Tract in accordance with SectiOn ZS(b); • (ii) if an Adjacent Building exists, thehi no' Building shall be located within 60 feet of the Adjacent Building unless §uch' is attached to the Adjacent Building in accorclanCe'with'SeCtion Adjacent Building and all other Buildings on the Tract that are attached to:ihe.Adjacent Building and to :* 'each other are hereinafter referred tOli the "Building„roup";';.: •:: any Building that is not.part of the Bulldihg Group; shall be located at:least:60 feet distant from the Building Group, and •„: .„ ..„ ,iv) the Adjacent Building or the Building Group, as the case may be, shall comply with the Building code requirements 'applicable to an "unlimited area":buildind",including without limitation the installation' of an approved sprinkler . systemi for fire protection which meets all the standards of thelnalirance Services Office, Inc:'(or other similar local organization having jurisdiction). (g) h additiOn.to the requirements set forth above, no Building shall initially be placed Or constructed on their respective Tracts in a manner which will based on then existing governthental,regulationsi'efther preclude the construction of an 'unlimited area" building within the Building Areas, Or cause an existing "unlimited area" building thereon to no longer be in conformance with applicable building code requirements; provided, however, subSequent:Ohangei in governmental regulations shall not obligate an Owner to modify or alter its existing (h) If required by any governmentaCauthOiity, ea Owner shall join in a recordable declaration which confirms the existence of a 60-foot clear area around the Building Areas. (i) There shall not be constructed In the ShoPping::benter,. any parking structure, whether over or under ground level. (j) Without the prior written consent of the Approving. Owners., hd:enc.losed mall shall be permitted within the Shopping Center. , • • • G:\share1egal\Stores1WA\Tukwila\REA 071706a.DOC Page 12 • - ' . - • • • 2.4. Construction Requirements. • ... (a) All work performed in the construction, repair, replacement, alteration or exPansiOn of any Improvements shall be performed as expeditiously as possible and in stith a Manner as not to unreasonably interfere, obstruct or delay 0 access to or from the Shoppingeenter, or any part thereof, to or from any public right-of-way, (ii) customer vehicular :Parking in that portibh:,of the improved Common Area located in front of any Bbilding'constrUctedin the Shopping Center, or (iii) the receiving of merchandise by any business in'the Ceriter, including, without limitation, access to its Building. In addition, 811 work :performed on ImprOvements on a Tract shall not unreasonably interfere, obstructor delay (4.construttion work being performed on any other Tracts, or (y) the Use enjoyment or occupancy of any other Tracts. Unless otherwise specifically stated herein, :' the .Person contracting for the performance of such work (Contracting Owner") shall, at : its sole cost and expense, promptly repair and restore or cause to be promptly repaired' and restbredio its prior:condition all Biiiidings, signs and Common Area improvements damaged or destroyed in the performance of such work. • • • (b) The Contracting. Owner shall indemnify, defend protect and hold harmless the Owners and Occupants for from and against any and all Claims arising out of tKin any way connected with the.peribrrnanceOf *ft including an or Occupants own negligence, unless such cause of : action 'isSolely rest* of the negligent or willful misconduct of the indemnified Owner ovOCCUparit. (c) Staging for the initial construction of :Buildings or: the replacement, alteration or expansion of any Building, sign or Commorf:Areatmprovernehts located in the including, without limitation, the location of any temporary buildings or.,:construction storage of building materials, and the construction vehicles and.equipmentShall (i) be located solely on the constructing Tract, or be limited to,SpeCitiOareas ("Staging Area") of the Shopping Center designated on tile Site or otherwise approved in writing by the Approving Owners. Each Staging Area on any Tract:Shalt:be located Fn such a way that it will not interfere with the use of the Common Area ory'any other. Tract ..::-If a business is operating on the Kohl's Tract, then no otherstagihg and/or storage area Shall be located within 100 feet of the Kohl's Tract unless located Withiq Building :Area; provided, however, if Buildings NI and E2 on the Developer Tract are constructed : after Kohl's is open, then the Staging Area and/or storage area of N and E2 . may:beWithin 100 feet„buflat 25 feet from the Kohl's Tract if Kohl's reasonably p�ves thelocation:thereot request of any Approving Owner, any Staging Area shall be,encloSed by'a . safety..fencez . ,...Upon completion of such work, the constructing Owner shall;..at restore any damaged Common Area or improvements in the Common Area to a Condition equal tbs better than that existing prior to commencement of such work. 2.5. Temporary License. Each Owner hereby grants to the other Owners a temporary license for access and passage over and across the Common Ar.ea, idcated:'on,the . granting Owner's Tract, to the extent reasonably necessary for such Owner to construct and/or maintain Improvements upon its Tract; provided, however, that such license 'shall be in effect only during periods when actual construction and/or maintenance is being performed, and provided further that the use of such license shall not unreasonably interferewith the use and operation of (i) any business conducted by an Owner or Occupant, or (ii) the Comrhon'Area on G \share\legal\Stores\WA\Tukwila\REA 071706a.DOC Page l3 • „• . . the granting Owner's Tract. Prior to exercising the rights granted herein, an Owner shall provide each granting Owner with a written statement describing the need for such license, and shall .. .s furnish a ;certificate of insurance showing that its contractor has obtained the minimum iniurance required by this Agreement. The Owner shall promptly pay all costs and eXpense§''associated with such work, shall complete such work as quickly as possible, and shall . ./promptly clean and restore the affected portion of the Common Area on the granting Owner's Ttact,:to a.' condition which is equartb' better than the condition which existed prior to the commencement of §uth wark. a dispute exists between the contractors, laborers, suppliers and/or others connected with,constrOCtion..activities, each Owner shall have the right to prohibit the contractons, laborers, : .acippliers ;anci/br others for another Owner from using the Common Area on its Tract. r • • . . . 2.6. Indemnity. :' In addition to the indemnification provided in Section 8.6 hereof, each Owner shall indemnify, defend, protect and hold every other Owner and their respective 's , - a ,':. : officers, directors, shareholders, erriployeesi and agerit§'harmless for, from and against any and all Claims arising out of or related to injury to or death of any person gi', da to or destruction of any property occurring on ariy. 60 arisinvoid of or resulting from any construction activities performed :f ed by or at the request of an Owner orltkOcCupants, including an Owner's or Occupant own negligence unless iirch damage or destruction is c solely by the negligent or Willful act or omission of the indemnified"Owner.. '.. 2.7:: Approval Procedures. ..' ' (a) Before any action requiring the Approving Qwners approval under Section 23 hereof is commenced, sufficient information shall be sent to the Approving Owners to enable the Approving Owners to make a decision as to the prbposal. Each Approving Owner shall have the right to approve or disapprove the proposal in accbrdance with the manner and time procedures set forth in SectiOn. 14.5 below, and if : / ...• ,./ such Approving Owner disapproves the proposal, it shall provide a written explanation in reasonable detail of,Its reasonSIor disapproval. • . . . . (b) No Approving Owner shall be liable in damages or otherwise for any reason, including airy Mistake in judgment negligence or nonfeasance, arising out of or in connection with the approval or disapproval ar failure to approve or disapprove any proposal submitted pursuant"16:this Each Owner agrees that by acquiring title to its Tract and subrnission.,bf Ouch plans, drawings and/or specifications, it will not bring any action or suit against any Approving Owner to.teCover any such damages. In addition, each Owner shall inderrinify, defend, protect and hold the Approving Owners and their respective officers, direotors„:shareholder* employees and agents harmless for, from and against any and all Claiihs arising but of or related to the approval or disapproval of any plans, drawings and/or specifications .: submitted Ad'an„ Owner by or on behalf of such Owner or its 06bucients: apProNiaVShall be Considered an approval of the plans, drawings and/or specifications from,an engineering perspective or a determination that they comply with Governmental Regulations or otherwise meet . building, environmental or engineering design standards, or...that any s uch .. IrriproVements have been built in accordance with such plans, drawings and/dr sPecificationS. 2.8. Liens. If any lien is recorded against the Tract of one Oi/ner''as" a result services performed or materials furnished for the use of another Owner, the Owner:permitting GrkshareMegal\Stores\WA\Tukwila\REA 071706a.DOC Page 14 • . . . . .ausing such lien to be so recorded agrees to cause such lien to be discharged within :fifteen 05) days after such claim of lien has been recorded. Notwithstanding the foregoing, upon request of the Owner whose Tract is subject to such lien, the Owner permitting or causing stich' lierrtO be recorded agrees to (i) cause any such outstanding lien or claim of lien to be released .of record or transferred to bond in accordance with applicable law, or (ii) give such assurance as Would-enable a title insurance company to insure over such lien or claim of lien, failing which the Owner or Prime Lessee whose Tract is subject to such lien shall have the right, at the expense of the Owner permitting or causing such lien to be so recorded, to transfer said lien to bond. ...Nothing herein shallYbrevent. Owner permitting or causing such lien to be recorded from contesting the validity thereof in any manner such Owner chooses so long as such contest is pursued with reasonable diligenck If such contest is determined adversely (allowing for appeal to:thehighest appellate cOurt), such Owner shall promptly pay in full the required amount, together with anyinteregtbenalties, costs, or other charges necessary to release such lien of reccird. The :Owner' permitting or causing such lien agrees to defend, protect, indemnify and hold harmless the other Owner and its Tract from and against all Claims arising out of or resulting from such lien. . . . ARTICLE EASEMENTS .• . • 3.1: Ingress and Egress. Each OWner,.:es gr antor „,.hereby,grarits to each other Owner, as grahtee, for the benefit of each Tract belonging to the other OwnerS, and for the use of said Owner and its a nonexclusive easementfor egress by vehicular and pedestrian traffic ::upon, over and across that portion of the Common Area located on the grantor's Tfact(s). Except as otherwise provided in Section 3.5 hereof, the easements granted pursuant this Section shall expire upon the expiration or earlier : termination of this Ag 3. „Parking; The OWner.of the Kohl's Tract and the Owner of the Developer Tract, as grantor grants to the Owner of the Kohl's Tract and the Owner of the Developer Tract, as grantees.for benefit of the Kohl's Tract and the Developer Tract, and for the use of said Owners and their respeCtive tees; nonexclusive easements for vehicular parking upon, over and acraSs„the prkirig areas : within'the,Common Area located on the grantor's Tract(s). The easements granted to this Section-3.2 shall expire upon the expiration or earlier termination of this Agreement. GAsharelegal \Stores\ WAVNIcwila\REA 071706a.DOC Page 15 •!: 3.3. Utility Lines and Facilities. (a) Each Owner, as grantor, hereby grants to each other Owner, as grantee, .• for benefit of each Tract belonging to the other Owners, iagameteAth o II ''a*Mer-PtttaliterF,qlarzOtrgiranei 2 j ::* insfa I 1#b n operatio n, flow, passage, use, maintenance, connection, repair, relocation, • removal and replacementf. t tit= subject to the written approval of the granting Owner as to the locatibn of ,'Such Utility Lines, and otherwise consistent with the cy'Allip,to,ygt*Offo S 'OiReAtep or other plans and specifications approved by . 14a o :thesApproVing:OwrierS. All sOch.btility ,Eines shall be installed and maintained below the ground leVei or surface of such easements except that fire hydrants, ground mounted electrical transfoimers and such other.facifities as are required to be above ground by the utility providing such service (including temporary service required during the construction, maintenance, repaii, replacement, alteration or expansion of any Buildings or other Improvements located in the Shopping Center) or Which have been approved by the Approving Owners shall be permitted (b) At least 20 deys connection, repair, relocation or removal of utility lines located on another Owner's Tract pursuant to the easement granted herein (except in an eniergency, the work may be initiated with reasonable notice) the grantee shall first providelhe.trantOr with a Written statement describing the need for such work, shall identify the proposed location :Of the Utility Line the nature of the service to be provided, the anticipated .commencement and completion . dates. or the work and shall furnish a certificate of insurance shOwing that its contractor has Obtained the minimum insurance coverage required by Sebron9.2,.• . . - • • ',,The easement areahall be no wider than necessary to reasonably satisfy the a -private or public utility, or five feet 'on side of the irthe.„.baSement is granted to a private party. The instillation, operation, maintenance, repait and reptaCement of such, easement facilities shall not unreasonably interfere with th e use of eafra '<na jxhiggyg with the normal operation of any business in the Shopping Center. The•grantee shall bear all costs related to the installation, operation, maintenance, repair and:rePlaCement of such easement facilities, shall repair to the original specifications any damage to the Common Area resulting from such use and within 30 days after the date of completion of construction of the easement facilities, the grantee shall provide to the'OWnerS of all Tracts upon which such Utility Lines are located as-built plans for allch,facilitiesand.:a copy:Of ei survey showing the location of such Utility Line. G:\share\legal \Stores \WA\Tulcwila \REA 071706a.DOC Page 16 G:\sharellegal\Stores\WAVTukwila\REA 071706a_DOC Page 17 (d) Notwithstanding the grant of easement for sewer lines included within Section 3.3(a) above, any connections to storm sewer lines or sanitary sewer lines, if .: such connections are not shown on the Approved Plans, may only be made if the Owner of» tract benefiting from the sewer line easement (a "Grantee Tract") does the ...," (I) makes sole expense any and all improvements to the sewer lines and syStems(including, without limitation, any lift stations) as are necessary or required in order tdincrease,the capacity of the sewer lines and systems to adequately serve the :Grantee Tract pursuant to plans and specifications that . cortiply with the requirements of all Governmental RegulationS and that are first approved by the Approving (*nets . and the Owner of the Tract burdened by the seWer.lihe easement (0'"Granfof Tract"); .• • ,Procures all permits licenses and apPitvals and pays any and all tap-on or similar fees required to make any such improvements and to so utilize and connect with such sewer lines and Systerns; and . • .• • (iii) pays for increased costs of Maintenance -ancl repair due to such .:•• development work. Notwithstanding the preceding sentence, So -long as an Approving Owner complies with the requirements of all Governmental Regulations, such Approving Owner Will not be required to obtain the approval of the Owner of The Grantor Tract as set forth in . .:Subsection (d)(i) above. (e) At any time and from time to time an Owner shati the right to install, repair; maintain and/or relocate on its Tract any Utility Line installed (of to be installed) pursuant to the foregoing grant of easement which is then located (or to be located) on the Tract of such Owner :The ; case of an ; installation or relocation, such installation or relocation shall be perforMed only after 60 days' notice in writing of the Owner's intention tti undertake the relocation shalt have been given to the Owner of each Tract served by The Utility (ii) in the case of a- repair and/or Oairitenance, such repair and/or maintenance shall be pei -only after 30 days notice in writing of the Owner's intention to undertake repair and/or maintenance shall have been given to the Owner of each Tract served by the Ofility:Lirw;.,..except in the case of an emergency (defined as any situatiOnWnerelhere is an iniminent of harm to persons or property), when such notiCe ivn a rasonable.: in advance of such emergency repair as is PractiCabEe; •-• . (iii) any such repair, maintenance and/or : : : 'relOcatiOn . shall riot ...... unreasonably interfere with or diminish utility service t� the TraotS,seived bythe Utility Line; Agreement. (iv) any such repair, maintenance and/or relocation shall not reduce or unreasonably impair the usefulness, capacity or function of the Utility Line; (v) any such repair, maintenance and/or relocation shall be performed without cost or expense to the Owner or Occupant of any other Tract; .. • (vi) any t uch. maintenance and/or relocation shall provide for the original and area (if applicable) to be restored using materials and • design standards which equal.or exceed those originally used any such i'epair; and/or relocation shall not interfere With the business-Operation of any of the Owners or Occupants of the Shopping Center,' . . .• . , . • (v3) if an .electricat line/compUter line is.:15eing relocated, the grantor and grantee 'shall: coordinate such interruption fo eliminate any detrimental effects; and (ix) except in ernergency, any ,such repair,..,maintenance and/or 'relocation shall not be commenced diking the mOnthS of October, November or December. • . . , Within .20 days after the date of completion of such relbcation,.the Owner performing such relocation shall provide to the Owners of alt Tracts served by such Utility Lines •!sas-built plans for all such relocated Utility Lines and a copy of an as survey showing thelocatibn of such relocated Utility Lines. (f) Subject to the provisions of Section 14.3 hereof, the terms and provisions '•:..of this Section 3 3 shall survive the expiration or earlier termination of this Agreement. 3.4. Signs. :'Fa0 Owner, as grantor, hereby grants to each other Owner, as grantee, for the benefit of each Tract :: belgting io the other Owners, a perpetual, non-exclusive easement under, through...and across' Common Area of the grantor's Tract(s) for the installation, operation, maintenance, repair and replacement of the freestanding signs referred to in Section 4.3 of this Agreerrient:and all Utility Lines appurtenant thereto. No signage (temporary or otherwise, including, but not firpited.io, on el6etronic marquee) with respect to Persons who are not Owners dr-Oc6upants,:shall be permitted an any Center Pylon Signs located in or upon the Shopping Center. Subject to the of Section 14.3 hereof, the terms and provisions of this Section 3.4 shall survive the expiration or earlier termination of this • . : 3.5. Permanent Drive. Unless otherwi*approved.:in ..Writing' by the "Approving Owners, which approval may be withheld in each Approving Owner 't soie absolute discretion, those certain access ways shown on the Site Plan as "Permanent DriVd(s)" lnoluding, without limitation, the curb cuts on such access ways, shall not be altered or Modified unless ...... required by applicable governmental authority. Subject to the provisions of Section 14 3 hereof, the terms and provisions of Section 3.1, insofar as they apply to the PemanenyDrives'; shall survive the expiration or earlier termination of this Agreement. GAsharelegal\Stores\WAgukwila\REA 071706a.DOC Page 18 • 3.6. Storm Drainage and Detention Easements. Each Owner hereby grants and conveye..to each other Owner owning an adjacent Tract the perpetual right and easement to disCharge'eurface storm water drainage and/or runoff from the grantee's Tract over, upon and . across the Cornmon Area of the grantor's Tract, upon the following conditions and terms: (i) the . ..grades ,and the surface water drainage/retention system for the Shopping Center shall remain in • strict ebnfOrmance,with.the Approved Plans, and (ii) no Owner shall alter or permit to be altered the surface of the Common Are or drainage/retention system constructed on its Tract if :•Such alteration is not in conformance with the Approved Plans or would materially increase the flair of surface water onto an adjacent Tact either in the aggregate or by directing the flow of surface water to a limited area All surface water collection, retention and distribution facilities shall be Line All drains, gOtters, downspouts, berms, swales, and other drainage facilities and,.. 'Systems") shall be maintained by each Owner, with respect to the portion of,:each:'such Mem located upon an Owner's Tract, in a neat, orderly, safe and sanitary condition, and in .t ucr,f a manner as to facilitate the orderly discharge of water by means thereof; provided each Owner shall promptly pay is share of the expense of maintaining, cleaning, repairing :and :Operating (Including filter cleariing and replacement) the common storm water detention facility vsrhiory be:equal a fraction the numerator of which is the number of square feet of impervious surface on Such Owner's Tract and the denominator the number of square feet ot impervious surface in the ° Shopping Center with such work to be ,:Performed by the Owner of the.Tradt' which the detentiofacility, Subject to.•••the provisions of Section 14.3 hereof, the terms and proVigiahs of this. 3.6 shall survive the expiration or earlier termination of this Agreement . .• • • 3.7. Pedestrian Access Easements. Developer jhereby -grants and 2'conveys to Kohl's for its use and for the use of the Permittees of the Buildings located upon the Kohl's Tract; a nOnexclusive, perpetual easement for the passage and acdoMmOdationt•Of pedestrians over and across that portion of the Developer Tract identified on the Site Plan as the "Pedestrian-AccesS•Area" Such easement shall be the greater of either eight feet in width (measured perpendicular' fO line of the Kohl's Tract), or such width as is necessary to fulfill applicable legal requirements from time to time in effect, including those under any life safety, or fire or :buildin g code applicable to building exits. Kohl's shall have the right to construct, install, Maintain, repair and replace steps and/or a hard surface within the Pedestrian Access Area DeVeloper.,,CoVenants and agrees not to construct or place, nor permit to be constructed or placed, any building or structure On the pedestrian Access Area The foregoing easement, together with the specified cove0ant : .;and...!' agreement regarding use shall be appurtenant to and for the benefit of,,the: Kohl's Tract, and shall be binding on, enforceable against and burden the Developer Tradt, and shall continue in effect for the term of this Agreement and thereafter for so long as the Building on the„1<ohrk uses the easement area for the foregoing purposes (including a reasonable periocl:of time to :permit reconstruction or replacement of such Building if the same is be destroyed, damaged or demolished). Subject to the provisions of Section 14.3 hereof, the terms and provisions of this ,Section 3.7 shall survive the expiration or earlier termination of this Agreement GAsharelegal\Stores\WA\Tulcwila\REA 071706a.DOC Page 19 • 3.8. Building Encroachments. (a) In order to accommodate any Building improvements which inadvertently may be constructed beyond a Tract's boundary line, each Owner grants to each Owner owning an adjacent Tract an easement, not to exceed a maximum lateral distance of six inches (6 "), ,in;•.to, over, under and across that portion of the grantor's Tract adjacent to m such common boundary line icr::.the maintenance and replacement of such encroaching Building improvements,;.. forgoing easement grants shall not diminish or waive any right: of :an Owner to recover , damages. resulting from the constructing Owner's failure to :•construct its Building Within its Tract • '(b) The easements in each instance shall (i) continue in effect for the term of this Agreement and:thereafter for so•tlorg•:as the Building using the easement area exists (including a reasonableperiod to, reconstruction or replacement of such Building if the same shall be. damaged : •or demolished); ard:,(ii) include the reasonable right of access necessary to exercise.:and enjoy such grant terms and with the limitations described in Section 2.8. • (c) With respect to Buildings constructed ,along the-••common boundary line between. Tracts, nothing herein shall bedeemed, to create: orestablish1. • (i) a "common" or "party.:wall to beshared•with..the adjacent :'Building; :(ii) the right for a Building to receive support fr. ©m or apply. pressure to the adjacent Building. 3.g`. Dedication "to:. Public Entities. Without the prior ` °.written consent of the Approving Owners; :which consent may be granted or withheld in the:...sole and absolute discretion of each Approving Owner, no Owner shall grant any easement for the benefit of any property not within pie Shopping Center; provided, however, that the foregoing shall not prohibit the granting or dedicating of easements by an Owner on its Tract to governmental or quasi-governmental authorities Or to ,public Utilities to service the granting Owner's Tract. 3.10. No Merq'er :' Notwithstanding an owners, ownership of more than one Tract, the easements granted hereunder •shati.•burdenand.:benefit each Tract individually, without merger as a result of such common ownership, and upon.;' conveyance of a Tract so that such Tract ceases to be under common ownership, neither the Owner conveying said Tract nor the Owner acquiring said Tract shall need to execute :additional documentation td evidence the existence of said easements, and said easements shall relate beck,:to and shall be deemed to have been created as of the date this Agreement is recorded in the affice:of the. recorder of the county in which the Shopping Center is located. G:\share\legal \Stores \WA \Tnkwila\REA 071706a.DOC Page 20 4.1. Parking Requirements. 4.3. Occupant Signs. 0: \share\legal \Stores\WA\Tukwila \REA 071706a.DOC Page 21 • • ARTICLE 4 OPERATION OF COMMON AREA „(a)-' There shall ,be charge for parking in the Common Area without the . „ . prior written consent of the ApprOving Owners or unless otherwise required by law. The parking:: area on:thef:KOhl's Tract arid the Developer Tract when combined shall contain -Sufficient round JeVel pariOng in order to comply with the greater of GOVernmentar Regulations or four (4) parking spaces per 1,000 square feet: The size of the :building on the Kohl's Tract as showrion'the Site Plan shall not be increased, nor the use changed, to the extent that suor(Change would require more parking spaces to satisfy any applicable governmental minimum parking requirements; to the extent that more than the number of . Parking . spaces „required for the :::Kohl's Tract to meet the parking requirements • of this subsettion by itself for the building on the Kohl's Tract as shown on the Site Plan, exist on the Kohl's Tract, such excess may be utilized to satisfy applicable governmental minimum parking requirementsbn'the Developer Tract. (0) If an Owner or Occiipant . operates a Restaurant incidentally to iti.primary . business purpose, then so long as suchincidenteroPeration atintinues, the portion of the Floor Area occupied by such Restaurant , shil be excluded from the application of subsections (i) and (ii) above. For purposes of this clabse only, a,Restaurent shall be an "incidentaoperation" if it occupies less than ten *bent (1Q%) of the Occupants Floor .. .:Area : ::ancdoeS not have a separate customer entry/exit door to the outside of the Building If an Occupant uses Floor Area for both Restadrant:tend'retail purposes, and such Restaurant purpose is not an "incidental operation." only the portion of Floor Area allocated for Restaurant shall be subject to the application Of subsection (i) (ii) above reqUirements so long as Governmental Regulations also recognize such incidental exception (c) If condemnation of part of a Tract or sale or transfer in lieu thereof reduces the'numbet' of usable parking spaces below that which is required in this Section 4.1, the Owner whose Tract iS so affected shall use commercially reasonable efforts (including, without limitation, „iisinij prOceeds from the condemnation award or settlement) to restore end/or substitute papcing . spaces in order to comply with the parking requirements set fOrth- this Section 4.1:: If such- tbmpliance is not possible, the Owner whose Tract is so affected shatnot be deemed in default hereunder, but such Owner shall not be permitted to expand the amount of Floor Atea located upon its Tract. If such Floor Area is thereafter reddeediOther than by casualty, the: Area on such Tract may not subsequently be increased . unless the parking reduirernept 4.2. Employee Parking. Each Owner shall bse commercially feasonable efforts to cause the employees of the Occupants of its Tract to park their vehicles only on such TtaCt. • . (a) No freestanding, permanent sign structures other thri...the' Center Pylon Sign(s) may be erected or maintained in the Shopping Center by any Owner. The • northernmost shall display the designation of Kohl's �nd other mv��`^�n,�/ Pylon `,. "" ' "=p=x ---~ bmnante as shown on the attached Exhibit D, subject to Governmental Regulations; provided, however, if the northernmost Center Pylon Sign is required to be lower in height • pr�aantto Kohl's a drawing of the revised sign. Within thirty 30) days of receiving the �rawi Kohl's elect to display its designation on the uthe[n Center Pyibn Sign .. and upon notification to Developer shall have the right to display its designation on thesouthernsCenter Pylon Sign instead of the northernmost Center Pylon Sign:: The cost of constrUcting installing, maintaining, insuring, repairing and replacing the Center Pylbn Sign(S) strucfure (including electrical hookup to a common meter) shall '•first• be paid ,by the' Owner(s) upori Tract(s) such Center Pylon Sign(s) are ' ToCated, Which OWners shall :then beiTeimbursed for such costs by the Owners of all Tract* entitled tb ditplay in the proportion that the total square footage,of eacK0wher'S deignation 9r deSignations bears to the total square footage of all designations entitled to Oe displayeohereon. Each Person displaying a designation on a Center Pylon Sigh sharl suPPlyanqmaintain its own sign fascia and can. Subject to compliance with-more restrictie governmentat,requiremehts, the Owner of the Kohl's Tract shall have the use of .,hot.-iess: than the 'area oh the uppermost portion of the signage area on one Center:Pylon Slgn shown oh.• D. The initial design of the Center Pylon Sign structUres shall. . 0'et fOrtt .FXHIBIT 0 attached hereto. Any change, except as required 6y governrOntal regulation, to .. the initial design of any Center Pylon Sign structure ftall :be 'subject to the pri6r Written approval of the Cehter Pylon Sign. Once constructedAhe Center Pylon Signe rhay not be taken down, altered or Modified without the prior writterraPproval to'e ApproVing.:OwnerS; except as required governmental regulation. • _ ^ � ` [This section has been itted intenti ` • • , :(c) Any occupying less than 25,000 scitiare feet of Floor Area may have identification sign placed on each side of the 'exteriop:of the Building it oodUpies ; Subject Governmental Regulations, any Occupant,. Occupying at least 25,000 sqUare.feet Floor Area may have more than one identification sign placed on ''each.side:Of tf:ie exterior of Building it occupies. (c1). .N6 idehtification sign attached to the exterior of a Building shall be: eot above the parapet, canopy or top of the wall u c imnnounte�� . ` . ' (ii) provided, however, the if such foregoing shall Yo any Sign 1 a sidewalk o$n�py mi n is at least eight feet above the sidewalk (iii) Painted �ace . |dhlo. , ^^ /� � � , (v) Made using DeVn tuoes. exposed ballast boxes, or exposed transformers. '• ••• (vi) Made of paper of contractor signs), or be a sticker or decal; provided however,Ahe foregoing shall not prohibit the placement at the entrance of each Occupant'S space:of • small sticker or decal indicating hours of business, :'.emergency telephone numbers, acceptance of credit cards and other similar items'einformation.... O 071706a.DOC Page 22 (iv) Flashng. ` 'ime. / � ' • (e) No Occupant of less than 25,000 square feet of Floor Area shall have an ...exterior sign which identifies leased departments and/or concessionaires operating under such Occupant's business or trade name, nor shall such sign identify specific brands or products for sale or services offered within a business establishment, unless cosuch identifioation is used as part of the Occupant's trade name. .:(f) :-NptwithstqOing anything contained herein to the contrary, each Owner shall be permitted to place within the. Common Area located on its Tract the temporary display of leasing itiformation and the temporary erection of one sign identifying each contractor * working: on a coristrUctiort,job on its Tract. Each Owner shall have the obligation to operate,:inaintainand repair n.a clean, sightly and safe condition, all signs, including ComponentS thereof,Jocated uPorfits Tract pursuant to the provisions hereof. 4.4. Protection. of Common Area. Each and OpOUpant shall have the right to take such steps as it deems necessary to :prevent those Persons not authorized by this Agreement to use the Common Area from usif19::lhe pommdn Area for ingress, egress, parking or any other purpose. Subject to Governmental Regulation , steps shall include, without limitation, the construction of fences, wallsOr barricades alOng•the. lines of any portion of the Shopping Center except along the common boundary line of any Tract with.ny other Tract; provided, 'however, that any impairment of vehibular adcesarlo frarn the Shopping Center, or.:any part thereof, shall require the Approving Owners',prior which may be withheld:in such Approving Owners' sole and absOlute discretion„ • • • Changes to Common Area Except as expressly permitted by this Agreement, nb trnprovements shall be '-placed in the Common Area and no material changes shall be made to the . ' , - ;. .Improvements constructed in Common Area without the approval of the Approving Owners, each Owner, hereby reserves the right, from time to time without obtaining the consent or approval of any other Owner, to make at its own expense any insignificant change, ,tilOclification or alteration in the portion of the Common Area situated on its Tract, provided that (i) the accessibility of such : ;Common Area for pedestrian and vehicular traffic . (as it relates to the remainder of the Shopping Center) is not unreasonably restiicted.Or hindered, and parking stalls and rows and vehicular traffic lanes shall remain generally, as shown on the Site Plan; . . (ii) there shall be Maintained at all times within such Common Area, a sufficient number of vehicular parking spaces tq meet the parking ,requirements set forth in Section 4.1; (iii) all Governmental Regulations' apPlicable: to such: shall be satisfied by the Owner performing the same; and such action shall...tibt result in any other Owner being in violation of any Governmental,Regulation§;.., (iv) no change shall be made in the access Points between the Common Area and the adjacent public streets; provided, however, that additional G:\share\legal \Stores \WA\Tukwila\REA 071706a.DOC Page 23 access points may be created with the approval of the Approving Owners, which approval shall not be unreasonably withheld; (v) at least 30 days prior to making any such change, modification or alteration, the Owner desiring to do such work shall deliver to the Approving Own,ers copies of the plans therefor; and such work 'shall not be performed during the months of November and becember:' • Approving Owner may withhold its consent to any material change to the entrances orjexitS to Or from the Shopping Center in its sole and absolute discretion. Except aS provided herein and in paragraph (c) below, an Approving Owner shall not unreasonably withhold, condition or delay its consent to changes in the Common Area improvements Orovided, complies in all respects with Section 4.1. Nothing in this Sect* 4:5: shall be Interpreted to require the Approving Owners approval to (i) the construction, alteration or relocatibn of any Service Areas to the extent that they are located, and : rdo not iMpede to the rear or sides of Buildings, or (ii) any changes,'rnodifiCatiOns or alterations of-Common Area located within "Building Areas which result from orlarite out of the expansion or maintenance of Buildings. :Within the area marked on the Site Flan its "Kohl,'s Protected Area' an Owner may not, without the Owner of the Kohl's Tract's prior :written consent, which may be granted or Withheld in the Owner of the Kohl's Traces sole and absolute discretion, (i) alter the !citation, height or size of any Building or OthernniProVernent, including Cornmon Area trriPiOVernents such as access ways in, to or out of the Shopping Center, or : (ii) , Change the number, location or layout of parking spaces (it being acknowledged by OwnerS that sith parking must comply in all respects with Section 4.1). . . ARTICLE 5 RESTRICTIONS ON USE 5.1. Shopping Center kestrictions. (a) The ShopPing- shall be uted;:only for retail sales, offices, Restaurants or other commercial purpOseS. No use shall be:permitted in the Shopping Center which is inconsistent with the operation of a first-class retail shopping center. Without limiting the generality of the f6rOgoiFig, the following . shall not be permitted in the Shopping Center without the prior Written consent of the Approving Owners (which consent may be granted or withheld in the sofe absolute discretion of the Approving Owners): (i) Any use which emits an obnoxious odor, noise, Or .sound which ....... can be heard or smelled outside of any Building in the GAshare\legaRStores \WA \ TukwilaREA 07 1706a.DOC Page 24 (i0 Any operation primarily used as a storage warehouse operation and any aamennb|ing, rnanufaotuhng, distilling, nafininQ, amebng, agricultural or mining operation; (iii) Any "second hand" store or "surplus" store, thrift shop or other business incjpo|lvengaged in the sale of used merohand�e; ...(iv) mobile home park, trailer court, labor camp, junkyard .• :stockyard (exCePt that. this _provision shall not prohibit the temporary use of construCtion ..::trailert„, during ',periods of construction, reconstruction or 1 Any ddinpingi disposing, incineration, or reduction of garbage (exclUsive Of garbage comPactors.:located near the rear of any Building); (vi) ••••„:. Any fireaale, going:out of business:: bankruptcy sale (unless pursuant to a court orderyor atiction house operation;: (vii) Any central laundry Or central dry cleaning, plant (except that this ,,,..,,provision shall not pronibit suppOrtive faOilitieSfor on-site, service oriented to pickup and delivery by the - ultimate toniumer, as ;the saine;:may be found in first-class shopping centers) Any service station or abtornobile, trUCK trailer 'or . Jecreational vehicleS sales, leasing, display, body shop or repair *operation; Any movie theater, night club or live ----_ • • �i / apartments or �. �����. ,`� . sleeping - (xii) /Any veterinary hospital or animal raising facility (except that this prohibition„shall not prohibit pet snOps pet supply superstores and veterinary services which:arejncidental thereto); ';:. book *Stbrp movie theater or other establishment selling,..renting eihibiting pornographic materials or drug-related paraphernalia (exCept that this .OroviSton shall not prohibit the operation of a bookstore or video store wnich Carries a broactinVientory of books or videos and other materialS directe&-tOardS the intereit,:of the general public [as opposed to a specific segment thereOf]); (xv) Any bar, bar, ��� . reasonably projected annual gross revenues from the t". age~ • for on-premises consumption exceeds 50 percent of the gross bfouth business; m 071706a.oOC Page 25 • • • • • • • (xvi) Any health spa, fitness center or athletic facility which occupies more than 5,000 square feet of Floor Area; (xvii) Any flea market, amusement or video arcade, pool or billiard hall, a wash, tattoo parlor or dance hall (except that this provision shall not prohibit a Restaurant from including three or fewer video games as an incidental use to its . . ••• operations); ti'ainin,q facility, including, but not limited to, beautsi schoots, barber,,:oollegeseading rooms, places of instruction or other operations caterirlg:i primari) or trainees rather than to customers (except that this Shall.ribtProhibit on-site employee training [whether for employment at the : Shopping Center or at another business location of such Occupant] by an Occupant incidental to the conduct of its business at the Shopping' or children's .leaming'centers where parents drop off and pick up children); . . . . (xix) Any church sChool, day care center or related religious or educational facility or religjOuS reading room;.,... (xx) Any massage parlor (except that thiS shall not prohibit . , . massages in connection with a beauty salon health *blab' or athletic facility or a ;first class facility such as "In Spa" or "Massage Envy' limited to 3 ` square feet); and . .:.• . . . (xxi) Any casino or other gambling facility r operation, including but not limited . . to off-track or sports betting parlors, table games such as black-jack or poker, slot rhachines, video gambling machines and similar . devices, and bingo halls (exdept that this provision shall not prohibit goVernment sponsored gambling activities pr charitable gambling activities if such activities are incidental to the business operation t?eing conducted by the Occupant). .• (b)::: As used in this Agreement, "Retail Office" shall mean an office which provides services'directlysito cdrissUrners (i.e.„.financial institutions, real estate agencies, stock brokerages, title company and escrow offices travel and insurance agencies, and medical, dental and •legat'"dlinics).:: Without the prior written consent of the Approving Owners (which consehtmay e granted orMithfield in the sole and absolute discretion of the Approving Owners), lhe-falloWin0 . .•• . (i) the only officesphich'may be permitted within the Developer Tract are Retail Offices; provided than 7,500 square feet of Floor Area in the building in-line with the building on'theKOhl's Tract - closest to Minkler Boulevard may be exempted from this restriction;: •. . . (ii) not more than twenty-five percent of the total. For Area on the Developer Tract may be used for Retail Offices; and (iii) no Retail Office Occupant within the Developer Tract shall occupy' more than 15,000 square feet of Floor Area GAshare\legal\Stores\WAITukwila\REA 071706a.DOC Page 26 (d) Without the prior written consent of the Approving Owners, the following shall not be allowed to operate in the Shopping Center or Common Area, except as . .• . otherwiee'Permittedin this Agreement traveling carnivals, fairs, auctions, shows, kiosks (eXcept,:lhat kisks shalt be permitted on the sidewalks in front of Buildings N and Buildings booths ..,:for the 'sale of fireworks, sales by transient merchants using vehicles or booths and other promotions of any nature. Except as otherwise permitted in this Agreement, If unauthorized Persons i: including without limitation tenants or invitees of tenants occupOng'Buildinge.now 'Cr at any future time located in the Shopping Center, use the Parkinb area for other tharOeMporary parking by customers while shopping in the Shopping Center, , �f a. shall at its sole expense, upon written request by another•OWner(S), take whatever commercially reasonable action as shall be necessary to preventsaid.-:Unauthorizecr u • „ (d) The following restrictions shall apPly the Developer Tract: ° :•s' The incidental use of office space used by an Occupant for administrative purposes shall • not be considered office use for the purpose of this Section 5.1(b). (i) No Restaurant shall be located on the Developer Tract within 200 feet of the Building Area on the Kohl's Tratt.' ;. ii) . : .• • •,...• • • No portion of the Developer Tract .:Shall be used as' a ctepartment store or for any business consisting of more than 40,900 square feet of Floor Area of which more than 20,000 square feet of the Floor Area of :such business is devoted to sale of apparel except Nordstrom Rack 'and its successors and ..assigns .or comparable store (but not exceeding in the square feetor such uses) FoLpurPoses of clause (ii) aboye,...one-half of the aisle space adjacent to any shelving or display case used for the display of a pparel shall be included in calculating Floor Area (e) •••,:, No oll'develoPment. oil refining, quarrying or mining operations of any kind shall "fie permitted upon or in any portion of the Tracts, nor shall oil wells, tanks, tunnels, or mineral .excavation or shafts be ° permitted upon the surface of any portion of the Tracts, Cr within 500 feet below the surface of any of the Tracts. No derrick or other structure designed for use in boring for water oil, natural gas or other minerals shall be erected, maintainedkor permitted on any portion of the Shopping Center. • . , GAshare\legal\Stores\WA\Tukwila\REA 071706a.DOC Page 27 • G:\.shareMegal \Stores \WA \Tukwila\REA 07 1706a.DOC Page 28 • (f) Except as provided in Section 4.5(a) hereof, no merchandise, equipment or services, including but not limited to vending machines, promotional devices and :`sirnilar items, shall be displayed, offered for sale or lease, or stored within the Common Area; provided, however, sidewalk displays and sales of merchandise, including without limitation;; food sales, food bars and outdoor seating for Restaurants and /or other food :service : on the sidewalks of the Shopping Center shall be permitted; provided,.:: however;:. such displays and sales of merchandise by all Occupants of the Shopping Center, including Koh! , shall be subject to the following restrictions: (I) the Occupants conducting such displays and sales must conduct .similar' displays and , - sales i.n°:,the ordinary course of business at their other Locations if any; (ii) such displays a n d . sales shall not unreasonably interfere with the pedestrian•traffiic upon the sidewalk areas;-... (iii) all such:`displays or sales' shall' be in a neat, clean and • orderly condition; (iv) there shall be no. exterior. : signs` or banners re[ating solely such displays or sales except for normal and :cu ary signs identifying goods and prices:, and except for temporary °• signs or.: banners which are ,professionally prepared; (v) all displays and sales shall be conducted on the sidewalk contiguous to the Occupant's premises and in compliance with :'all applicable .Governmental Regulations; (viy `;: no :items displayed on the Developer Tract shall be closer than 75 • ,..feet: front; the::bounda y •the Kohl's Tract; • (vii) such displays`and..sales shall be primarily seasonal in nature or general merchandise; (viii) there shall be no displays df'sheds, portable buildings, playground equipment or yard equipment; (ix) no such display `:shall include any commodity building material such as without limitation, .s and,, gravel, lumber, or related 'similar items; (x) such displayed item:shall not occupy s. more than. 60 of the linear frontage of the sidewalk adjoining. the Building ofsuch more than 50 percent of the depth of such sidewalk;:' (xi) such displays and sales shall not be perrnitteti ti ' .be .;conducted more than two times a year nor for more than five days:at a (xii) all merchandise shall be moved indoors during' non - business hours; and (xiii) such displays and sales shall not be permitted in the two-week period immediately preceding Easter Sunday or during the months of October, ‘' ber and December «6m ' foregoing, the restrictions set forth in clauses (vii), hi\, (xii) and (xiii) above ' ../ shaUpot � p nyoutdoDr seatingfor seating fo Restaurants and/or other food service businesses `�� /� � / The hereof shall not be applicable to the f� , �" c � / { / ~^ / ! + — � � ` -' ' '�`� shopping ca�sinoa�cona�; \ Y/ / ~^�~~',��~x �~'~��~' h0 iredbvkaxv the |ooaUoncfxvh� shall which �� subject toa approval o#lh Approving Dmnexs; (iii) traSh designated on the,APProved Plans. (h) The name "Kohl'e, not::: be used to identkthe„Shopping Center or any bkitiness or trade conducted on the Developer Tract,' yhtil the'Approvin4' agree upona name change, the Shopping CenteVsnall be calied:So•ytheenter.'Sqpare. ,(1) 'This Agreement is not intended to.;.. and dOes not, creafe irriPose any obligation : an Owner to operate, continuously Operate, •Or .. causeAo.•:: : be . ...Operated a . .!business Or any particular business in the Shopping Center or . Proprietaiv - kidhts of Kohl's. Any Owner, Occupant, CrRerSon owning, leasing or dtherwiSelnaking..: of any.. portion of the Shopping Center shall be deepied, by virtue of accePting such oi■vplersni interest or making such use, to have'scovenanted and agreed that,.,(i)fhe nOe.6, trademarks, service marks (including, without limitation, all logos, emblems, desigPs deSignating wbrds or names) used by Kohl's in connection with the Shopping Center Pr the"oondUCt of,..ittbuS_Iness thereat are registered and/or the proprietary property of Kohl's dr,its affiliates, fii) eXcePt as provided herein, no usage of those marks or names will be made innaining: or 'eferring within or without the Shopping Center and (iii) no usage of such marks Or...fiarnes be,:rnade without the prior written consent of Kohl's and Kohl's legal counset. Kohl* reserVes the right tO any person or entity to whom it may grant a written rigkt. .name of mark'to...enter into a formal written license agreement with Kohl's and to char a 'fiee:br royalty therefor.•;„ 5.3. Hazardous Materials. No OWner uSe or permit the: use of Hazardous Materials (as hereinafter defined) on, about, urider....Or its...-:traCt, Pr the Shopping Center, except ip the ordinary course of its usual business oPerationa:onducted tnereon, and such use shall at all times be in compliance with all Environmentat,tawS (aS..:hereinafterdefined). Each Owner shall indemnify, defend, protect and hold harmless ...obther . .OWnarsIrOrn and... against all Claims, including, but not limited to, costs of investigation, iitigatiorrand remedial response arising out of any Hazardais Materials used or permitted Id be used•by...Stich Owner, whether or not in the ordinary course of business. "Hazardous Materials" 'Shall mean:petroleum products, asbestos, polychlorinated biphenyls, radioactive materials and all,other,:danderokis, .• toxic or hazardous pollutants, contaminants, chemicals, materials or substanOes listed m1m6a.oOC Page 29 :identified in, or regulated by, any Environmental Law. "Environmental Laws" shall mean all Laws which relate to or deal with human health or the environment, all as may be amended from time to time. MAINTENANCE STANDARDS 6.1. :Maintenance Obligatlons....•E.ach Owner, at such Owner's own expense, shall maintain, or clause to'' be .maintained,. the Common Area on its Tract in a safe and attractive condition and in a:,good ,State of ,repair° Theiunimproved Common Area shall be mowed and kept litter-free : min4inurn standard of Maintenance for the improved Common Area shall be comparable to the:: standard of,iraintenanc followed in other first -class retail developments of comparable size in the metropolitan•` area ih which the Shopping Center is located; notwithstanding the foreg.Qing, however the Common shall be..operated, maintained and repaired in compliance with applicable: Governmental Regulatians'and with the provisions of this Agreement. All Common Area improvements shall ropaired dr replaced with materials of a quality which is at least equal to • the : quality of the materials repaired or replaced so as to maintain the architectural and aesthetic harmony and integration of the.Shopping Center as a whole. The . maintenance and repair obligation s#�aH include, but shall not be limited, to, the following: .•(a) :Maintaining, repairing and resurfacing„ ` when necessary, Nall paved surfaces in a smooth and evenly covered'`condition with the type of surfacing /mate material Originally installed or such substitute as shall in all re rial or superior in quality, use'and durability; and restriping, when necessary, .to maintain: clearly visible parking 'stall andi control lines; (b)• removing :all papers, debris, filth, refuse, ice and snow, 4ncluding periodic •vacuuming :end, :broom sweeping. to the extent necessary to keep the Common Area in a first- class, :clean and orderly condition (snow shall be plowed as soon as a two -inch accumulation occurs Nand rep #owed as. necessary to maintain less than a two -inch accumulation.. at all times; .upon:.cessati of the snowfall, the Common Area shall be plowed to the paved surface); (c) Placing, painting :maintaining,.repairing,., replacing and repainting, as and when necessary, all directional 'signs, Markers, Striping„and•.pedestrian crossings upon or within the Common Area; G:l share \legal\Stores \WA \Tukwila'REA 071706a.DOC Page 30 ARTICLE 6 (d) Maintaining, repairing and replacing.; when necessary, traffic directional signs, markers and lines, and all informational signs such as "Handicapped Parking ", in good repair and condition; (e) Operating, maintaining, repairing and r When necessary, such artificial lighting facilities as shall be reasonably required including;:' but.. not ited. poles, pole bases, wiring, lamps, ballasts, lenses, photocells,: time cl and ,.contacts. Each Owner shall maintain and provide electricity to all lighting fixtures attached' to As respective Building(s) at its sole cost and expense; (f) Maintaining and watering all landscaped areas; maintaining, repairing and replacing, when necessary, automatic sprinkler systems and water lines; replacing � other as /on9o�aoo� landscaping necessary; '` Maintaining, repairing and replacing, when necessary, all Common Area u1Urn�mhon, all fences, vvoUeorbanioademumnn�ucted pursuant tm Se��im�. /[4 above);.... : Maintaining, repairing sand replacing, when necessary, all Common Area :storrn drains, sewersjift staqops'and other Utility Lines not dedicated to the public or conveyed to-any „public or „private utility::.whibh are necessary for the operation of the @ Perrorming itself pi ContraCting with a competent third party or parties to perform any ofthesao>iceo (j) K8��t8inin�'»�` general insurance as set forth in Article 8 ~' ~`/ 7 / ^.. . . ..(k) Supervising traffic at entranceS,and . exits tofthe Shopping center and within the::Shopping Center if necessary as conditions- reaSonably requirwin Order to maintain an Orderly and proper traffic flow;'and'' '.'" • (I) Keeping the Common Area and all ComMori: Utility 1,ineS free from any . 2 . Obstri.ictions ihOluding those caused by the sale or display of merchandise,,'unless such obstruction is permitted under the provisions of this Agreernent,: , NotWithstanding the foregoing, the Owners of the Developer'TraCt and the Kohl's ' shall sharelhe expense of maintenance of the storm water detention facility as Provided elSewhere in this Agreement. The::Owners each,.Tfact shalkreasonably coordinate their parking lot striping and resealing,,work :January ofeach year, each Owner will inform the other Owner of any plans to sfilpe' or reseal its parking lot during that calendar year. This shall not be deemed a covenant . 4o So': or„: reseal during a particular year and such communication is only intended Id be informational. 6.2. Kohl's Contribution. The: Owner•Of the Kohre„Tract:stiall contribute the sum of $4,000 in Constant Dollars per year (the ContributiOn")!:to offset' the cost of operating, maintaining, repairing and insuring the UtilitY•Lines,:inolUding bui not the underground retention and detention systems which benefit the Kohl's Tract:: The Kohl's:Contribution shall be due and payable to the Owner of the Developer Trict,in advance Or) or before Janiiary 15 of each calendar year. _ •� `/ ' '` ' ' ' 6.3. Maintenance Director. Subject to the mutual agreement of the OwrierS, a third ,„ ...... ....,. party may be appointed as an agent of the Owners to maintain the COrniton Area.in'the mariner ,,,./ ::'' as above outlined. Said third party may receive for such agency 6 fee that it mOtually ...' :::' .• acceptable to all Owners to cover supervision, management, accounting an& simila(feeS, which :' '..,. • 071706a.DOC • Sums' are to be included in the general maintenance expense paid by the respective owners of the Common Area. Owners. G:\share\legat \Stores \WA \TUkwila\REA 071706a.DOC . Page 32 ARTICLE 7 LIGHTING 71. General; Requirements,' After completion of the Common Area lighting system Omits Tract; each .Owner hereby covenants..and agrees to keep its Tract fully illuminated each day from dusk to at :least '1;30 p:m (8:30 p, m,,. on Sundays) unless the Approving Owners agree upon a.....different time..tach,Owner further agrees to keep any exterior Building security lights on from:•: until dawn, hiring the term of this Agreement, each Owner grants an • irrevocable license,.to.each•other Owner for,the purpose of permitting the lighting from one Tract to incidentally shine on the adjoining `racts. ; : Unless otherwise approved in writing by the Approving Owners, the lighting systenli shall use a. lamp source ,,: of. metal halide and, subject contrary government regulations /shall be''designed to produce a miiiimum maintained lighting intensity measured at grade at all points Of at feast: (a) five foot- candles'at curb:in front of the entrance ta.any Building. b):.. two foot - candles at entry•.drives to ; the Shopping: Center.''.. two foot - candles in the general parkingareas. (d) •one foot - candle at the perimeter of the parking areas,:' Each Owner may elect tot antral the lighting system located on its Tract; The type and design of the Common Area' light standards shall be of the type and design of those'installed on the Kohl's Tract. Additional :Lighting. It is recognized that one or more Occupants (each, a "Late Night User ") may wish'td be for business at different hours from other businesses in the Shopping Center, and may' wish to have :the Common Areas illuminated beyond the hours described in Section'74:. ^Each Late Nigh User shall•bave the right, at any time and from time to time, to require the Owners to keep the lights in alt ori:part of the Common Areas illuminated until such later hours as the Late Night User shall designate .. by notice to the Owners. if only one Occupant in the Shopping.:: such; a,, request: for a particular date, such Occupant shall pay 100 percent of the cost (tle," Late.:Night Lighting_.Cost ") of electric power for the extra hours of illumination. If other Occupants are also.open for business during all or part of such extended hours, then the Late Night Lighting Costs shall be,equitably allocated among such Late Night Users, as reasonably determined by the Consenting Owners., based on the relative Floor Area of each Late Night User, and their, respective .hours of 'operation beyond the Closing Time From time to time upon the Late Night User's request, each Owner shall furnish such Late Night User with such reasonable supporting information as such Late Night,User'may reasonably require in order to verify the Owners' manner of calculating : the : Eate.Nightiighting Costs, and the allocation of the Late Night Lighting Costs among the Late:! Users.Any request by a Late Night User for additional lighting may be withdrawn or terminated at any time, and a new request or a request for different hours of illumination may be Made,..bj� notice to the ARTICLE 8 INSURANCE AND INDEMNITY Liability Insurance (a) Each Owner shall maintain or cause to be maintained commercial general liabilityjnsOran,de with broad tbrrn:.bovergo insuring against claims on account of bodily injury or death, personal and advertising injury, and property damage or destruction (i.e., exclusions for liability assumed under, contract must be deleted) that may arise from, or be related:to-ft) the conduct of the Owner and/or Occupants, or (ii) the condition, use or occupancy of each Owners ." Tract (the ,.'`Owner's Liability Insurance"). The Owner's Liability Insurance ; shall have a combined -single limit of liability of not less than $5,000,000.00 in Constant Dollars for bodily injury, personal injury and property damage arising out of any one odcurrence and shall be written "occurrence" basis form and not on a "claims made" fOrm, The otherbwhers::shell be "additional insureds" under the policies of the Owner's Liability, insurance as same applie5-.to,the insuring Owner's Tract . , (b) The following provisions shall apply to the Owners Liability Insurance: .,•' ..,:: (i) the policy may not be canceled or reduced amount Or coverage below the requirements of this Agreement, without at least 30 days' prior written notice by the insurer to each insured and additionalinsufet.::' .:-:.'. .:'• _ . . . .. • • .• .,...,.., ....,- ..-..- .. .. : • - - • .. • ..-' :-: ..: the policy shall provide for severability of interests. ! .... .. .. . . .• .. •• •• ..',„„..... .:.: (11) ,.:: tho Ralioy provide that an act or omission of one of the insiiredS„or;edOional insureds which would void or otherwise reduce coverage shal.not reduce or void the coverage as to the other insureds; and ...:.... Or the policy shalt or for contractual liability coverage with respect to the indemnify obligations set forth in this Agreement. (c) Each Owner a to furnish to any other Owner requesting same evidence that: (i) such insurance ts in full-force and effect; (it) the premiums have been paid in full; and (iii) the appropriate parties are designated as additional insureds. The Owners agree that such evidence being readily available on the Internet shall be a satisfactory method of delivering such eviddhce. • (d) If the use of a Tract includes the sale Of alboholic beverage$, the Owner's Liability Insurance shall include coverage for emPloyer's host liquor liquor liability and so-called "dram shop" liability coverage With .: a Combined single limit of • not less than $3,000,000.00 in Constant Dollars per occurrerice If an has fuel facilities on its Tract, then such Owner shall also maintain pollution tiability insOranbe. G:\shareMegal \Stores \WA\Tukwila\REA 071706a.DOC Page 33 8.2. Insurance Coverage During Construction. (a) Prior to commencing any construction activities within the Shopping • •.: Canter, each Owner or Occupant shall obtain or require its contractor to obtain and thereafter maintain, so long as such construction activity is occurring, at least the ..• :rninfmurn insurance coverages set forth below: ... .. • : • • • • (i) . Workers compensation and employer's liability insurance: • '(A) Worker's compensation insurance as required by any . „. applicable law or regulation. Employer's liability insurance in the amount of $1,000,000.00 in Constant Dollars each accident for bodily injciry,.:$1,000,000'.'00 in Constant Dollars policy limit for :'• bodily injury : by disease, and 0,000,000.00 in Constant Dollars each emptoyee'for bodily injury by disease. . . . . (ii) General liability insurance : Commercial peneral Liability insurance covering all operations by or on behalf of the Oneral contractor, which shall include the following minimum limits of liability and coverages: i•F GAshire\legaMtores\WA\Tukwila\REA 071706a.DOC Page 34 (A) Required coverages: (1) Premises and Operations (2) Products and Completed Operations; (3) Contractual Liability insuring the indemnity obligations assumed by contractor under the ': documents; ..:••••' . ... .„:' (4) '',. ::Broad: Form Property Damage (including . ' COmpleted (5),:.: :Explosion, Collapse and Underground Hazards; „... (6) Personal Injury (B) Minimum limits of liability: (1) $2,000,000.00 iriConstant Dbilars per,..occUrrence; (2) $5,000,000.00 in Constant aggiegate-for • .... Products and Completed Operations (which shall be maintained for a three-year .periodfollowing final completion of the work); and G 071706umOC Page 35 (3) $5,000.0000O in Constant Dollars general aggregate applied oeparmtek/ to the Shopping ` (iii) and damage UebU�v\�oudingcoverage for oxvned,h�*d. .ands ' � ^, - property - Um�a of liability less Constant DollarS ' 8i single limit . accident for bodily injury `_ and ` • / general contractor shall require eaoh of its """*�"'�^"°" ' in . "��" �^"° ` liability insurance policies coverag ' Urribrelli/Exceis"LiaPility Insurance: The general contractor shall also carry . 0Mbrella/eice ii46ility:insurance in the amount of $5,000,000.00 in Constant Dollars. If theie iS no' per.project aggregate under the Commercial General Liability policy,..1he.limit'Shall be $10,000,000.00 in Constant Dollars. If Developer elects tO as oWn'general coritractoirisurance provisions of this Article shall be deerned Satisfied by in qUalifying amounts maintained Developer. (b) ••:)f the construction activity involves the yte,of Otivner Tract, the OWner . 6f such. other Tract shall be added as an !additional insured and Och shall provide that the insurance shall not be canceled; or;redUcecrin amoOnt Or coverage . .:beloW the...requirements of this Agreement without at leaSt.36 'days' priorVvritten notice to the and each additional insured. If such insurante-iscanteled or expires, the construding Ov immediately stop all work on or use cifthe Other:Owner's Tract untiteither the required insurance is reinstated or replacement insurance obtained. The cOntractor supply each Owner with certificate(s) of insi.ince with respect tbal,l,insurance required this 8.2. 8.3. Protierbiinsuiance... assure performance of their respective obligations under Section 9.2 hereof Seetion9.3 the Owners of the respective Tracts shall cause to be carried spedel forkn pepperty inSurance in:an amount not less than the full insurable replacement cost (excluding footingS;„,foundations or eXcayations) of all Buildings and other Improvements (including Comnion Arealmprovements) On their: respective Tracts (the "Owner s Property Insurance"). _` be carried by an insurance company or companies �'� (a) The Owners LiabHity InsLif'an.erty-l-risurance shall 8.4 Insurance Requirements. in which the Shopping Center is locatecr with a Best'S Guide Property/Casualty (United States) rating of at least'A-.... a financial better (or a comparable standard under an international rating systemy. ,„.. ..... .„ (b) The insurance referenced in this Article 8 may b&sprovidecf an individual policy specifically covering such Owner s Tract, (ii) a blanket or policies which includes other liabilities, properties and locations of such Owner; sd long as-lhe..2. • • | / /�nn0unt and coverage of insurance required to be carried hereunder is not diminished, � / / i� / ��i plan of self-insurance satisfying the criteria ng � criteria set forth in Section 8.4(c) below, or � � � �/ combination of any of Ule'fon*goi inaur�Mma programs. To the extent any ` \ / ' i�pernldtadora|�vv�d�nopa�of��yinounanuac8��xdhvan{]vvner `' � � ------_,- policy / inbompliance vvdhthho/\rtic|a8 such Owrier shall be deemed to be covering the amount ,.- thereof -,r: plan of self-insurance; provided, however, that in no event `~`-/ / ' shall any ~ded deductible in Constant Dollars unless such Owner / ' ' vv�h�he regarding self-insurance pursuant to Section 8c) { ^�"pr�p / ^'~^7 ,� ' inscirance'reqUired:16 bemaintained by an Approving Owner may be maintained in wiible.:Cr P either under a plan of self-insurance, or from a carrier which sPeciptizes iri for such Approving Owner or its affiliates, or firms in the same or buSirieSses'if such Approving Owner's net worth exceeds $250,000,000.0(Yin 0Onstant Dollars shown, in its mbst recent audited financial statement, or if sith Approying Owner§ financial statements are reported on a consolidated basis with .a parenf corPoration as by an officer of such Approving Owner. An ApPrOVing OWner shall *permitted. to have an Affiliate provide the insurance required hereunder.. sOch Affiliate•agrees,ln writing that its program is applicable to such Approving OWner; and,...that it . .guarantees performance" such Approving insurance obligatibns under this Agreement; prOvided; hOwever, such Affiliate undertake the self-inairances'obligatibn,oniy1,4,satiSfiestheyfinancial criteria Tequirement. An "Affiliate" shall mean .an drititY owning at.,:leaSt 515 percent 8.5.:'• Waiver' of Subrogation. The Owners and Occdpants: eaCh : hereby waive any rig* one' may have against, the other on account of anY loss or :darnage Cbcurring to an indiViduar Owner p? Occupant,*:or its respective property, either real or personal, arising from any risk generallY .Coverett., by ,:the Owner's Property Insurance, from ari covered by standard lorrn prqperty insurance policies then in effect and from any risk covered by'any other property is actually carried by said Owner or Occupant. Said Owners ancr..OcoUpants; : Shall...use reasonable efforts to obtain, if needed, appropriate endorsements to the,Owner Property IrtsL.OanCewith respect to the foregoing waiver; provided, however, that failure to‘obtain Such endoriements! affect the waiver hereinabove given. In addition, said Owners and Oboupants shall:: carte 'the insurance companies issuing the Owner's Property Insurance tC., any right of Obbrogpfibil said insurance companies may have against the Owners and.Qodupants, It iS the'intent Of the parties that with respect to any loss from a peril required to be covered Linder a poliOy orOwner's Property Insurance, the parties shall look solely to their respective insuranOe . Oomitiany for;-reCovery. The foregoing waivers of subrogation shall be operative .orilY so: long as aVailabie in the state where the Shopping Center is situated, and provided fUrther that no pblicy inst.irance...As invalidated 8.6. Indemnification by Owners. Subject to thizkproviiionS„, Settibn regarding waiver of subrogation with respect to damage to prOPerty, eaCh indemnify, protect and hold the other Owners and Occupants haitnies. fo6„frcqn'enci ag@inst any and all Claims in connection with the loss of life, personal injury andicr damage la property (i) arising from or out of any occurrence in or upon the indemnifying Owneiat,,,Trazi, Owner's or Occupant's own negligence; (ii) occasioned wholly by any negligent orWillfOl act GAshma 071706a.DOC Page 36 ,omission of the indemnifying Owner, its Occupants or their respective its agents, contractors, servants or employees; or (iii) in connection with the failure to comply with the provisions of this Agreement. If an Approving Owner shall, without fault, be made a party to any litigation cpmmenoed by. or against the Owner or Occupants of another Tract, or if an Approving Owner ghatl, in•its. reasonable discretion, determine that it must intervene in such litigation to protect its interest hereunder,, .. the ..indemnifying Owner shall defend such Approving Owner and shall pay all casts, expenses and reasonable •attorneys' fees and costs in connection with such litigation. An Approving Owner. .shall .have,the right to engage its own attorneys in connection with any of the provisions of this Sectionu8.6 or. any of provisions of this Agreement, including, but not limited to,,:: any defense of 1'9r intervention by such Approving Owner, notwithstanding any contrary provisions of the laws or court'decisibns of the state in which the Shopping Center is located. ARTI 9 PROPERTY DAMAGE :AN'D EMINENT DOMAIN 9.1. Maintenance of ' .Buildings : and. Service :Areas. After completion of construction, each Owner shall maintain..and: keep the exterior portion..,of the Buildings, if any and the Service Areas, if any located on its Tract;.irr -class ,condition and state pf:repair, in compliance‘with all applicable Governmental Regulations, and in compliance with the pr:.ovisions of this Agreement. Each Owner shall store all 'trasi arid garbage•in..ad:equate containers, to locate such containers so that they are not readily visible from the parking area, end : :to arrange for regular removal of such trash or garbage. Damage to Buildings. (a);' : `If any of:.the Buildings are damaged by fire or other casualty (whether insured or riot), the : Owner upon whose Tract such Building is located shall, subject to Governmental : Regulations ,and /or insurance adjustment delays, promptly remove the debris resulting from such event and provide a sightly barrier, and within a reasonable time thereafter shall perform one of the following alternatives: (i} such Owner shall repair,. r restore the Building so damaged to a condition and an arobitectural style existing immediately prior to the damage or destruction, such repair;:or.:restoration to be .performed in accordance with all applicable provisions,pof'this Agreement: :' (ii) such Owner shall erect anothi✓r .Building` in such location, such construction to be performed •inaccordance 'with' all, applicable, provisions of this Agreement, including, without limitation, the approval: process._set forth in this Agreement; or (iii) such Owner shall demolish'. the damaged portirsn and /or .,.the balance of such Building, fill any excavation and . , :perforrn `any other work : necessary to put such portion of the Shopping Center in a clean, and safe condition. G: \share\legai \Stores \WA \Tukwila\REA 071706a.DOC Page 37 Within 90 days from the date of the casualty, such Owner shall give notice to each other •:•• Owner of which alternative it elects. (b) All Building Areas on which Buildings are not reconstructed following a .„. casualty Or Taking (as hereinafter defined) shall be (1) graded or caused to be graded by •'' : the Owner thereof to the level of the adjoining property and in such a manner as not to adversely effect the drainageofthe Shopping Center or any portion thereof, (ii) covered by decomposed granite; gravel, sod, hydroseed or as otherwise permitted by Governrnental Regulations, and (iii) ,kept weed free and clean at the subject Owners Sole 'CoSt and expense until such thne as Buildings are reconstructed thereon. • (c) Dufing oViebuildiOg, repairing, replacement or reconstruction of a Building,, the Floor Area of that Ou shall be deemed to be the same as existed immediately prior to that perioci''' ,Upon completion of such rebuilding, repairing, replacement or reconStruction, the Owner upon whose Tract such Building is located shall cause a new determination . 6f Elbor Area for such j Building to be made in the manner described aboveand:Such deterMingion shall be Sent to any Owner requesting the same. G: \share\ I egal \Stores \WA \Tukwila\REA 071706a.D06 Page 38 The provisions of this SectiOns snail not pe deemed to rriodify the provisions of the Kohl's Lease as it relates to reconstruction following casualty•daM age. •.• .Casuaity Damage to Common Area. If any of the' Common Area damaged or destroyed by cause whatsoever, whether insured or :uninsured, during the term of this Agreement, .the Owner upon whose Tract such Common Area rs located shall„.repair or restore such Common Area at its sole cost and expense with all due diligence. Except to the extent Iimited by,,SectiOn 8,5 here6f such damage or destruction of Common Area is caused wholly by the negligent or ,Willful act of another Owner, Occupant or third Person, the Owner obligated to make such repair or restoration reserves and retains the right to proceed against such other Owner or third Person for indemnity, ,contribution or damages. 9.4. Eminent DOmain. If the. or any part of the Shopping Center shall be taken or damaged by right . of eminent dOmairt,9e: any Similar authority of law or any transfer in lieu thereof (a "Taking"), the for the value of the land and improvements so taken shall belong to the Owner of the Tract so taken Or to such Owner's Mortgagees or the fee owner of the Tract if the Owner is a Prime Lessee; provided the rion Owner or any Owner of a Tract which is not the subject of a TaKfrig assert a claim agaihSi the condemning authority on account of such Taking so long as such clairtrWould be separately-awarded and does not reduce the fee Owner's award. In the event of a partial Taking, the Owner the portion of the Shopping Center so taken shall restore the Improvementsslocated:66 Common Area of the Owner's Tract as nearly as possible to the condition, to the Taking t'Oinsure the continued ingress/egress to, from and between all areas ofthe. to the extent reasonably feasible, without contribution from any other Owner.: .•:' .•, •'.• ...... „:: Page 39 ARTICLE 10 PAYMENT OF TAXES 104. Taxes and Assessments. (a) -Each Owner shall pay, or cause to be paid, prior to delinquency, all taxes and assessments With respectlOts Tract, the Building and other improvements located thereon,. personal property owned or leased by such Owner in the Shopping Center; :provided, hOwever, if the taxes or assessments or any part thereof may be paid In inStallments/the resporible therefor may pay each such installment as and when the same becomes,. aie ancl Nothing contained in this section shall prevent Owner COntestinq: at cost and expense any such taxes and assessments with respect to it Trect'in'any manner such Owner elects, so long as such contest is maintained with reasonable dilitence and in good faith. At the time as such contest is concluded fallowing for appeal to„the'tighest appetlate court), the contesting Owner shall promptly pay all such taxes and astessments.idetermined to be owing, together with all interest, Penalties'ancfcciets thereon:. . • . • (b) If a tax parcel covers more than a Tract -each Owner owning a Tract Within the larger tax parcel shall be responsible for the payment of its proportionate share of the tax bills for the larger tax parcel on or before the 'due date;therefOr., Unless the Owners within the larger tax parcel agree ottierWise f .s. each..OWner's itiropbrtionate share of the tax bill for the larger tax parcel shal(be dividing the square footage of the portion of such Owner's Tract within the larger tax parcer by the square footage of larger tax parcel provided, however, if Buildings have been constructed on „:•:' the larger tax parcel, the taxes assessed upon the Buildings Shall' be allOcated on the bas of the Floor Area of such Buildings. At the request of any.,Owner Owning a Tract withirrthe larger tax parcel, the Owners owning Tracts within the largeF'tax parcel shall petition the appropriate governmental authority to create separate tax parcels for each of the..Racts affected thereby.., ' ARTICLE 11 DEFAIILT 11.1. Default. The occurrence Of artiy one pr n'ibre of the following events shall constitute a material default and"brea6h of this Agreement by the .non-performing Owner (the "Defaulting Owner"): (a) The failure to make any payMent required to be made under this Agreement within ten days after the DefaUlting:Owner has receiVed failure to make such payment on or before the due date therefor or :* .•. (b) The failure to observe or perform any...Of the coVenantSConditiOnS.'or. obligations of this Agreement other than as described in (a) abOve, Withiti-.30 after the issuance of a notice by another Owner (the 'Non-Defaulting Owherlyspecifying.the nature of the default claimed; provided, however if such matter s not susceptible of being cured within 30 days, the cure period shall be extended for a reasoriatge period:of • • . . G:\share\legal\Stores\WA\Tukwila\REA 071706a.DOC • time provided the Defaulting Owner commences the cure within said 30-day period and :thereafter diligently prosecutes the cure to completion. Each:Owner Shall be responsible for the default of its Occupants. Ridhtto.Cure. • • • (a) With Tespett to any default under Section 11.1, any Curing Owner (as : • • hereinafter defined y shall have the right, but not the obligation, to cure such default by the payment of mone9 or the'perfOrman some other action for the account of and at the expense of the Defaulting Owner provided, however, if an event that would become a default under ,Section I1 1(b) with the passage of time shall constitute an emergency conditiok:the.6uring Owner acting ifl good faith, shall have the right to cure such event prior to the passage of the time period set forth in Section 11.1(b). • . (b) lf any Curing Owner shall cure a 'default the Defaulting Owner shall reimburse the Curing Owner for all , : expenses reasonably incurred in tconnection with such curative action, tete§ thetedh at the Interest Rate, within •• ten (10) days after receipt of an invoice from 't uch Curing Owner together with reasonable documentation supporting the expenditures rhade. Furthermore, the Curing Owner shall . have the right, if such invoice is not paid within said ten-day period, to record a lietion the Tract of the Defaulting Owner for the amount of the unpaid costs incurred by the Curing Owner pursuant to this Seciion:11...:2. (c) - .To effectuate any such cure, a Curing Owner shall have: to enter upon the Tract of the Defaulting Owner (but not into any - Building) to perform any necessary wOrk..61fUrnish any necessary materials or serviceS.-to'Cufe the default of the Defaulting . Owner. , •:„ As used .in this 11.2, the term "Curing Owner" shall refer to an Approving Qwher that issued a notice of default pursuant to Section 11.1 hereof. 11.3. Rerriedies (a) Each Non-Defaulting..: OWner::shall have the right to prosecute any proceedings at law or••rin equity against any Defaulting Owner hereto, or any other Person violating or atternOtingio violate or:tlefault:Upqn any of the provisions contained in this Agreement, and to recover damages for any such violation or default. (b) In the event of any Violation or threatened violation by any Person of any of the easements, restrictions or other terms of this AgreeMent, any or.all Owners and Prime Lessees of the property included within the Shopping Center shall have the right to enjoin such violation or threatened violation in' a curt of ccripeteptjurisdictipn. (c) All of the remedies permitted or available to .:::an Owner under this Agreement or at law or in equity shall be cumulative and ndt''alt6rnafive,arid invocation of any such right or remedy shall not constitute a waiver or election of remedies With respect to any other permitted or available right or remedy. \share\legal\Stores\WA\Tukwila\REA 071706a.DOC Page 40 • • (d) in all situations arising out of this Agreement, all Owners shall attempt to avoid and mitigate the damages resulting from the conduct of any other Owner. Each Owner shall take all reasonable measures to effectuate the provisions of this Agreement. 1.1,.4. Attorneys' Fees. If any Person initiates or defends any legal action or proceeding to enforce..or interpret any of the terms of this Agreement, the prevailing party in any such.:action or- proceeding. be entitled to recover from the non - prevailing party in any such action or reasonable costs and attorneys' fees (including its reasonable costs and attorneys' fees on any appeal). AIE .such costs and attorneys' fees shall be deemed to have accrued on cammenceemetit,bf any Cegal.;action vr. proceeding and shall be enforceable whether or not such legal act.ibn of proceedir#g;'is'prosecuted to judgment. ARTICLE 12 • LIEN FOR EXPENSES TAXES 12.1. Effectiveness of:;Lien:. The liens: provided far in Seirtion 11.2 above shall only be effective when filed as a claim of•.Iren. : against the: in the official real estate records of the County of the State in wiith;the: Shopping Center is located, by the Owner making • the claim. Thei:claim of lien shall include the following-` ... (a) The name of the lien claimant; G :\share'Jegal \Stores \WA\Tukwila \REA 071706a.DOC Page 41 (b) A statement concerning the basis for:: claim of lien: . and identifying the ;'lien claimant as the Non- Defaulting Owner; fc) An of the owner or reputed owner,.of the Tract or interest therein against which the lien is claimed; (d) A description,pf the Tract against which the lien is claimed; (e) A'descriiption of the work. performed which has given rise to the claim of lien and a statement ttemizirg the amount and (f) A staternent:;.that the, :lien: is rlalrried pursuant to the provisions of this Agreement, reciting the of recordation and the recorded document number (or book and page) hereof. The lien shall attach from the date a claim of lien" is recorded arid may be enforced in any manner allowed by law, including, but not lirnited to, by suit in..-the nature of an action to foreclose a mortgage or mechanic's lien under the applicable provisions of-the -laws of the State in which the Shopping Center is located. The Owner who recorded the claim Olen shall release the claim of lien once the costs and expenses secured by the lien have.been paid :in full. • • 12.2. Priority of Lien. The claim of lien, when so established against the real property described in the claim of hen, shall be prior and superior to any right, title, interest, lien or claim which may be or has been acquired or attached to such real property after the time of filing the . claim of lien, and shall be subordinate to any right, title, interest, lien or claim which may be or has,been.acquired or attached to such real property prior to the time of filing the claim of hen. The claim of lien shalt be for the use and benefit of the Person curing the default of the Owner in - default • ARTICLE 13 131 eFFfiCT 13.1. Silccestors'and'Assians. ThiS Agreement and the easements and restrictions created hereby shall inure tcy the : .benefit , ' of and be binding upon the Owners, their heirs, personal representatives;'•OcCupants, sCicceSsorS ancl'assigns, and upon any Person acquiring a Tract, or any portion thereof, or any interest therein, whether by .Operation of law or otherwise. The holder of the Approving Owner position shall have the right to such position to any other Owner owning a Tract within the peveloper Tract or the Kohl's Tract, as the case may be If an Approving Owner fails to assign itS at of the transfer of the last Tract iowned by such Approving Owner :- :then such Approving Owner position shall automatically be deemed assigned to the Owner adquiring Ahelast-Tradt owned by the transferring Approving Owner. .••- 13 2 Ration on Release. If any Owner setts all or,: of its interest in any Tract, then the selling Owner shall execute and deliver to the Approving Owners a written statement stating the name and address of the new Owner the effective date of the conveyance, the Tract conveyed, and, if applicable, the name of a newPwrier*no has taken thevositidn,of a APprOving Owner as provided pursuant to the terms of thiS..Agreement. Upon the delivery of sudh,.:Staternent to the Approving Owners, the selling Owner shall thereupon be releaseet,and from any ancta.11 obligations as Owner in connection with the property sold by it arising underthii Agreethent after the sale and conveyance of title but shall remain liable for all obliga0onsaiising tinder this Agreement prior to the sale and conveyance of title. The new Owner of ...-..any st411 or any portion thereof (including, without limitation, any Owner who acquires ittintereSt bYforeclOStire, trOttee!ssale or otherwise) shall be liable for all obligations arising under this Agreem with reipecitb Tract or portion thereof after the date of sale and conveyance of title. yail6rejo deliver any such written statement shall not affect the running of any covenantsterein:.WWtheland; nor shall failure negate, modify or otherwise affect the liability of the new Owner pursuant tr.. the provisions of this Agreement, but such failure shall constitute a default by conveying ,Ownee'resulting'in continued liability hereunder. - 13.3. Termination of Kohl's Lease. Notwithstanding anything to the contrary contained herein, upon the expiration of the term of the kohl'iLease,Or t*barlierlerniination of the Kohl's Lease, the fee owner of the Kohl's Tract shall be deemed to be ttle Kohl's Tract and the Approving Owner for the Kohl's Tract. The fee owner of the. Kohl's Tract ..... shall give the other Owners written notice of the expiration of the teiril the Kohrs Lease or the earlier termination of the Kohl's Lease, but upon the expiration of the term* the KON'S Lease or the earlier termination of the Kohl's Lease, Kohl's shall, irrespective of theetivery ot such • notice, be released and discharged from any and all obligations thereafter arising under GAsharek legal \Stores \WA\Tukwila \REA 071706a.DOC Page 42 Agreement as Owner of the Kohl's Tract; provided Kohl's shall remain responsible for all ...:bbligations which accrued prior to such expiration and shall be responsible to cause the Kohl's Tract to comply in all respects with this Agreement and the Kohl's Lease as of the date of such . . expiration C If the time of the expiration of the term of the Kohl's Lease or the earlier termination of the Kohl's Lease, the fee owner of the Kohl's Tract is also the fee owner of the Tract, this,Agreement shall terminate at the election of such fee owner upon the recording of a dectarationof the fee.ow.ner's election to so terminate. ARTICLE 14 MISCELLANEOUS 14.1. Covenants :Ruh:: With' the Land The terms of this Agreement and each restriction and easement on each Tract hall be a burden on that Tract, shall be appurtenant to and for the benefit of thebther Tracts arid each part thereof, and shall run with the land. . . • . • , • 14.2. No Public Dedication: Nothing Contained in:.thisAgreement shall be deemed to be a gift or dedication of any portion of the Sho Pping'Center : of any Tract or portion thereof to the general public, or for any public use Cr purpose whatsoever.,i: it being the intention of the parties that this Agreement shall be strictlilimited to and for the purposes herein expressed. An Owner shallhaVe•the right to close, if necessPry, all or any portion of the.,CoiwrionAreti on its Tract from time to time as may be necessary, „in jhe opinion of ssm'oh to prevent a dedication thereof, the accrual of any rights of the public therein or the acquisition . Of prescriptive rights by anyOrte Before closing off any part of the CornMoq provided above, such Owner,inust.give, to the Approving Owners of its intention to do 'so and :Must coordinate such „tempOrary:::closing with the activities of the other Owners so that no .unreasonable interferenc0 with the:Operation of the Shopping Center occurs. 14.3. • • • Except aS otherwiSe,provided herein, the term of this Agreement shall be for 65 years (the lorimar.Y Period") from the date hereof. Notwithstanding the foregoing, upon the expiration of prirnary Period the term of this Agreement shall automatically renew for successive periods of ten years each (each such period being referred to as an "Extension Period") :„ if at least 90 days prior to the date of expiration of the Primary Period or Extension Period then in effect, the Approving Owners deliver to the other Owners in the Shopping'Cente/writteR'notide of extension, in the absence of which this Agreement shall automatically expire at the end: of the Primary Period or Extension Period then in effect. (b) Upon termination of this Agreernent:all rhtsa.d priVileges derived from and all duties and obligations created and imposed by the provisions of this Agreement shall terminate and have no further force or effect, provided, hoWever., . the following provisions shall be applicable: . . (i) the termination of this Agreement Shail not :limit briaffect any remedy at law or in equity that an Owner may have against any other Owner with respect to any liability or obligation arising or to be Performed :under this Agreement prior to the date of such termination; . . . • . . G:lsharelegantores\WMTukwila\REA 071706a.DOC .:' Page 43 (0 the easements referred to in Article 3 hereo which are specified / ' ^ as being perpetual or as continuing beyond the term of this Agreement (and the ; /''^'• htsm.ddubes��at�d shall the .' �g and thereto) beyond term of this Agreement, but notwithstanding anything to the contrary contained �'�---� ' ' | �� cha�cheosonnentmha||terrninateandbeofnoyu�herforceoreffactmt . ` such Such time ag such easement inabandmned.iohanninatedoriacaaoedtobeueed oane•m Building Building4n the A hoppinQ Center. 14.4. : . .Modificetion and TeiTnination.;'Notwithstanding the provisions of Section 14.5 hereof, thiS Agreement May' not be amended Ors modified in any respect whatsoever or terminated, in 'whole or„in part, eX by 6„written agreement signed by all of the Approving Owners at the tirhe.of .Such: amendment, modificailen or termination and the landlord under any Prime Lease at the time of such amendrnermotification or termination, and such amendment, modification or termination shall be effectiVe Only..when recorded:.in the official real estate records of the county and State where,the Center located:' provided, however, (i) no such amendment shall impose any materially breater on;" materially impair any right of, an Owner or its Tract withduf the cOnSent Such 4Wner, and (ii) no amendment, modification or termination of this Agreement aS provided herein shall adversely affect the rights of any senior.,Mortgagee unless such fViorf9agee.'consents wnting to, the aniendment, is not an item of "cOpsent" or "approval", each OWne.r..MaY considerany,Propdsecf amendment to this Agreement in: its sole and absolute discretiorimithOut.'regard to reasdnableness or UnleUnem� � � �/ � ' ' / } � / • ----T— � � ' • "appriwall of the Approvirig-Qwners is required under this Agreement, yhanimOUs approval of the-/ApprOVing Owners' must be:given. Unless otherwise provided in this AbreeMent, whenever apprbyal is specifically reqiiired•df an Owner pursuant to the express termS '6f this Agreement (or any Exhibit heretoV shall not besunreasonably withheld, conditioned or delayed. Unless provision iS 'Made :for a specifi period, approval or disapproval shall be given within 45 days after receipt:•.of i*Arritten,.:''reduest-for approyal, provided, however, for purposes of this Section 14.5, as between the'ApprOing ail references to "45 daye shall be deemed to be "30 days". If an Own& nOithoi- apprOVes:'nodisapproves within the required time period, then the Owner requesting aPproi:'fal.shall have:the rightto send a second written request for approval. If such second request stateS its in all capital letters that failure to respond thereto within 15 days shall be deemed approval, then . ;he:failure to,respond within such 15-day period shall constitute the approval of the Owner,:froni whom , approVal ... was requested. Except with respect to approvals which are deemed approved OursCient to the preceding sentence, all approvals (including conditional approvals) and:disaPprOvalS shAll not,be effective unless given or made in writing. If an Owner disapproves, the:reasons.:therefor bettatedin reasonable detail in writing. An Owner's approval of any act dr. request by andther : Owner Shall not be deemed to waive or render unnecessary approval of anii similar Or su6seqUent pets oriequests. The sole remedy of the Person seeking the approval if such.apProal IS . 0nrepSbriably withheld shall be an action for specific performance and the Approving Owners .shall nat be liable-to sLiCh • Person for damages. No exercise of any approval right shall sublect 4n Aiaproyfri6 to liability for breach of any covenant of good faith and fair dealing otherwiSe implied:by: law!•to part of this Agreement. • Page 44 14.6. Multiple Owners. If the Owner of a Tract is a Prime Lessee, said Prime Lessee is hereby, appointed the entity to cast the vote or consent or give the consent for said Tract on behalf of the Owner thereof (except as otherwise required in Section 14.4) and is hereby granted all of the rights and remedies granted to the Owner of said Tract so long as it is the Prime Lessee of•.said Tract, anything in this Agreement to the contrary notwithstanding. Estoppel .Certificates,-. Owner may, at any time and from time to time, in connection with.; the sale or'.lease'of the Owner's Tract, or in connection with the financing or refinancing of the Owners Tract by bone fide.,rportgage, deed of trust or sale - leaseback made in good faith and•for:value, deliver written notice to the other Owners requesting such Owners to execute certificates:.certifymg that to the best. kno.Wledge of the other Owners, (i) the requesting Owner is not in default in the: :performance of•.its obligations under this Agreement, or, if a default is alleged, specifical•ly• the'nature and amount thereof, and (ii) confirming that this Agreement has not been :amended it so, identifying the amendments), and is in full force and effect. Each Owner s hall execute and return such a.. certificate within 30 days after receipt of a request therefor. The acknowledge that such certificates may be relied upon by transferees, mortgagees, deed of trust beneficiaries,:and leaseback'' lessors. Such statement shall act as a waiver of any claim' by the Person furnishing at to' the extent such claim is based upon facts contrary to those asserted in '..the statement and to extent,the claim is asserted against a boria..fide encumbrancer or purchaser for value without, :knowledge of fasts to the contrary of those contained in the statement and. who has acted. ..in reasonable reliance upon the statement..:: The issuance of an estoppel certificate in no..-everC the` Person furnishing: it to. liability for the negligent or inadvertent failure of such Persdn to disclose correct and /or relevant information (but it shall estop such persdn from Making assertions contrary to those forth in the certificate for the period covered by "the certificate), nor shall such issuance be construed to waive any rights of the issuer to •chaftenge acts committed by other Owners for which approval by the Approving Owners was required 'but'not sought or obtained. • 1'4...8. .Breach Shall Not Permit, Termination. It is expressly agreed that a breach of this Agreement shall not entitle.arny to terminate this Agreement, but such limitation shall not affect in any manner any itfier rights or remedies which such Owner may have hereunder. by reason of any breach of;this Agreement Any breach of this Agreement shall not defeat or render invalid the lien:af• - any Mortgage or 'deed of trust made in good faith for value, but this Agreement shall be binding upon anddbe effective against any Owner whose title is acquired by foreclosure, trustee's sale or otherwise. G:\ share \legat\Stores \WA \Tukwita\REA 071706a.DOC Page 45 • • G: \ shareMegal \Stores \ WANTukwila \REA 071706a.DOC Page 46 14.9. Notices. .f • :•• (a) All notices given pursuant to this Agreement shall be in writing and shall be given by facsimile, by personal delivery, by United States mail or United States express mail postage or delivery charge prepaid, return receipt requested, or by an •established express delivery service (such as Federal Express or United Parcel SerVice),sent to the person arid address or facsimile number designated below or, in the absence of such designation, to the person and address shown on the then current real property tax . rolls of:The count in which the Shopping Center is located. The Owners • expressly agree that notices given by attorneys on behalf of their client(s) in the manner provided in„.„this subsection are effective and recognized notice pursuant to this Agreenlent. All notices to DOeloper:and„the owner of the Kohl's Tract shall be sent to the persdn.an.d set forth belPiNt'• Developer Wi g PrOperties LLC,-.BS 4611,134Tplace SE Bellevue; ' - - , ..•Attn: Mr: Mon Wig FicsimileNuMber (425)L86.5-8648... Kohl's: Kohl's Department'Btores, Inc. ' ,,„....,..- :, ''.. ,.•'' .?' N56 W1700D:Ridgewood Drive.-- ,....,,'• :::: ,? ::- Menomonee Fails, Wisconsin 53051 Attention: Law Department ,... • • . .' ...., .:' i . . Facsimile Number (262) 703-7274 ' .• . . . . . $ . . . . The Person and •address to which notices are to be given may be changed at any time . . ...' by'any'bwner Upon written notice to the other Owners. All notices givery'pursuant to this .. . ::...Agreement shall be given upon receipt. .- •::, , . . . . . .. - - •---• (b) For the purpose of this Agreement, the term "receipt" shall mean the earlier of any of the following, (i)„ the date of delivery of the notice or other document to the address .specified pursuant to subparagraph (a) above as shown on the return receipt, (ii) the . date of . sactual receipt of the notice or other document by the person or entity specified pursuant td (iii) in:the:case of a facsimile, the date and time of receipt as shown on the confirmation of the facsimile transmission (iv) in the case of refusal to accept deliverY'or$„inebility to deliver the noti6e. or other document, the earlier of (A) the date of the attempted deliverY.,oreftisallo accept delivery, (B) the date of the postmark on the return receipt, or C) the date of redeijkof notice of refusal or notice of non-delivery by the sending party. .".- ":•••'. ..i •:: $,' ,.: ,--. 14.10. Waiver. The failure of a Person to insist upon strict performance of any of the restrictions or other terms and provisions contained herein shall not be cieemed of any rights or remedies that said Person may have, and shall' . nOt be deerned of any subsequent breach or default in the performance of any of the restrictions or other terms and • ... provisions contained herein by the same or any other Person. - . .•• • . . 14.11. Severability. If any term or provision of this Agreement or the of itto any person or circumstance shall to any extent be invalid or unenforceable, the remainder this Agreement or the application of such term or provision to persons or circumstances, other than :: those as to which it is invalid or unenforceable, shall not be affected thereby, and each -' term arid provision of this Agreement shall be valid and shall be enforced to the extent permitted by,faw: 14.12. Not a Partnership. The provisions of this Agreement are not intended to create, nor shall they be in any way interpreted or construed to create, a joint venture, partnership, or any otherSimilar'relationship between the Owners. Each Owner shall be considered a separate Party and nosbWnerihall haveihe right to act as agent for another, unless expressly authorized to do so :herein or by separate written.instaiment signed by the Owner to be charged. • • 14.13. Captions:end The captipns and headings in this Agreement are for reference only arid shall not deemed to define . di' limit the scope or intent of any of the terms, covenants, conditions or agreernentacontained herein. 14.14. InterpretatiOti Whenever the context requires construing the provisions of this Agreement, the use of a gender Shall, both genclers,. ofthe singular shall include the plural, and the use of the plural shall incude the word "including" shall be construed inclusively, and not in limitaqap,,,Whether or notthe.Words "without limitation" or but not limited to (or words of similar importanceyare'used with iespect provisions of this Agreement shall be construed as a whole and not Strictly for or:against any party Unless otherwise provideci,'references to Articles and Sectiona"refer to the.ArtiOlea.:and SeCtione of this Agreement. • • .• • • ,• .• Enire Agreement. This Agreement contains the,entire•agreementfietween the parties hereto and supersedes all prior agreements, oral or':written, with respect to the easements, restrictions other terms and conditions contained in this Agreement affecting the Tracta:: Jhe prOiSions of this Agreement shall be construed as a whole and not strictly for or against any paTty.. . , 14.16.' Joint and SivetiaLtibliciations. If any Owner is composed of more than one person, the obligations Of said party shall be joint and several. 14.17. Recordatiofl This Agre&rnerit shall be recorded in the official real estate records of the County in whichth&$hoppingCenter is located. 14.18. Mortgagee Protection ...' This Agreement and...the easements and restrictions established hereby with respect to each Owner arid Tract, shall be superior and senior to any lien placed upon any Tract, including the lien of any mortgage OrOeedkiftrust. Notwithstanding the foregoing, no breach hereof shall defeat, render invalid, diminishor impair the lien of any mortgage or deed of trust made in good faith and for valpe, but all the easements and restrictions and other provisions, terms and conditions ,contained in:thia shall be binding upon and effective against any Person (including, but not limited to any mortgagee or beneficiary under a deed of trust) who acquires title to any Tract or portion thereof by foreclosure, trustee's sale, deed in lieu of foreclosure, or otherWise,: ,„.. .... 14.19 Variances. Where appropriate, the Approving Owners may, in their :sole and absolute discretion, grant written variances to the provisions of this Agreement (in lieu' of en amendment), signed by all of the Approving Owners, where strict acIfierehce„ to the GAsharelegal \Stores \WA\Tukvvila1REA 011706a.DOC Page 47 requirements of this Agreement would, in the judgment of the Approving Owners, cause undue :hardship. The granting of a waiver or variance to one Owner shall not automatically entitle another * Owner to the same waiver or variance, it being understood that each request for a waiver or;varian,ce shall be treated on its own individual merits. :14.20. Counterparts. This Agreement may be executed in several counterparts, each of which stalfe deemed: original,..,. The signatures to this Agreement may be executed and notarized.; on .''separate pages, and when attached to this Agreement shall constitute one complete docurnenf: • G:\ share \legal\Stores \WA \Tukwila\REA 071706a.DOC Page 48 STATE OF WJSC.ONSIN COUNTY OF WAUKESHA IN, WITNESS WHEREOF, Kohl's and Developer have caused this Agreement to be executed effective as of the day and year first above written. G:\shareUegal \Stores \WA \Tukwila\REA 071706a.DOC Page 49 SS. KOHL'S DEPARTMENT STORES, INC., a Delaware corpora ion otary Public My Comrhission irxp res: ery LA 4' ut- , a Notary Public in and: said Couiity, the State aforesaid, DO HEREBY C,ERTIII Y that R. Lawrence Montgomery and : Richard D. Schepp, personally. ;known ta` me to be the Chief Executive Officer and Secretary, respectively, of KOHL'S DEPARTMENT STORES, INC., a Delaware corporation, whose names are subscribed to the Within instr>ament,.appeared before me this day in person and acknowledged that they signed and-delivered said irystrunient of Writing as such respective officers, as their free and voluntary acts and as theft :0e Grief voluntary :act and deed of said corporation, for the uses and purposes therein set forth. GIVEN under my nand and I lotarial Seal, tbis ....... of , 2006 ,.• IN WITNESS WHEREOF, Kohl's and Developer have caused this Agreement to be • .exec:Lited effective as of the day and year first above written. STATE OF WASHINGTON / COUNTY OF KING I certify that I know or have satisfactory evidence that M.K...AMO is the person who appeared before me, and said person acknowledged that fleigned this instrument, on oath stated that he was authorized to 6iieci.ite the instrument ap66aknowledgecl, it as the authoriz'ed:representative of Wig Properties, LLc-SS to:.be.t and vqiunfary act of such party for the uses and purposes Statecl..tlieeein: Dated 9, farce Co . • • • • . • ' ‘‘ S1 . • .. . . .• E 5'0A "Zo_ c!? Fi 0 0 .... oF \I' (Use this space for notarial stamp/seal) • alsharelegat Stores\WA\Tukwila \REA 071706a.DOC Page 50 WIG PROPERTIES, LLC-SS, a Washington limited liability company By: Os. M.K. Wig 4a.A .2 A' .114 _ • N ( NOTARY PUBLIC, State of Wqshington _/ My gipairdment expires Lo/'7f oz.) THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER . .. AND ;'0F,' THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 26, TOWNSHIP NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FeOLLOWS: COMMENCING AT THE NORTFJEAST,, CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 26; THENCE NORTH 8805'42" WEST ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER, A DISTANCE: OF: 2678.68 FEET TO THE EAST LINE OF SAID NO QUARTER OF THE SbUTHWEST'QUARTER.;: THENCE SOUTH 01°12' VVEST:ALONG SAID EAST LINE 6,67.29 FEET; THENCE CONTINUING SOUTH WEST 2450 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 88°00 EAST 64840 FEET, NORTH:68°00'36" WEST 382.55 FEET; THENCE SOUTH 01°4910" WEST 344.17:.FEET: THENCE THENCE SOUTH 01°59 WEST 13.83 FEET'; '. THENCE NORTH 88°00'36" WEST 357.00 FEET; THENCE NORTH 01°59'24" EAST 355.72 FEET; .. :: .: THENCE NORTH 85°29'26" EAST 20.13 FEET; .. .: . . THENCE SOUTH 88°00!3.6" EAST 70.13 FEET TO THE POINT OF BEGINNING, CONTAINING AN ,ARA:pF'.?59,269 SQUARE FEET, OR 5.9520 ACRES, MORE OR LESS:, / ,•• SITUATE IN THE.CITY'OFTIJKWILA, KING COUNTY, WASHINGTON. G:NsharelegalkStores\WA\Tukwila\REA 071706a.DOC Page 51 EXHIBIT A-1 LEGAL DESCRIPTION OF THE KOHL'S TRACT WIG PROPERTIES NEW RETAIL SITE JOHANN'G, WASSERMANN, P.L.S. BR ff JOB 110.,95254.08 JULY 13 200 • BUSH, 'RP ,:/& 2009 MINOR AyENU EAST SEATTLE, WA' '5 8 3. 0 2 (206) 323-4144 : :• GAsharaegal\Stores\WAgukwila\REA 071706a.DOC Page 52 • EXHIBIT A-2 LEGAL DESCRIPTION OF THE DEVELOPER TRACT I - HAT:PORTION Of THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER AND OF THE NORTHEAST .QUARTER OF THE SOUTHWEST QUARTER OF SECTION 26 •: TOWNSHIP 26 NORTH RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: COMMENCING AT THE : NORTHEAST .CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 26; THENCE NORTH.88°05r42"..WEST ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER, A DISTANCE OF 26'78.58 .:FEET TO THE EAST LINE OF SAID NORTHEAST QUARTER OF THE SOUTHWEST QUARTER THENCE SOUTH 01°12 WEST ALONG SAID EAST LINE 657.29 FEET TO A POINT HEREINAFTER REFERRED .TO AS POINT "A":; THENCE CONTINUING SOUTH'01 WEST 24 THENCE NORTH 88°00'36" WEST 70,13 FEET; THENCE SOUTH 85°2926" WEST 20.13 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 85°2926" WEST,.520)3 fEETi; f. THENCE SOUTH 86°5924" WEST 135.75 FEET; THENCE NORTH 88°00'36" WEST 152.79 FEET; THENCE SOUTH 81°59'24" WEST 174.39 FEET TO THE BEGINNING OF :A CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS . Of., 34:5Q: FEET, AND A CENTRAL ANGLE OF 49 THENCE SOUTHWESTERLY ALONG SAID CURVE AN ARC" LENGTH OF 29.87 FEET TO THE EAST RIGHT-OF-WAY MARGIN OF SOUTHCENTER PARKWAY; THENCE SOUTH 01'0835: WEST ALONG SAID EAST RIGHT-OF-WAY MARGIN 534.72 FEET; THENCE SOUTH. 8iD55'27..!EAST-1:267..66 FEET; THENCE NORTH ().1 °49 EAST 259.20 'FEET; THENCE NORTH 88"0e367 WEST 382.55 FEET THENCE SOUTH 01°5920 WEST,13.88 FEET;,. THENCE NORTH 88°00'36' WEST 357 00 FEET, THENCE NORTH 01°59'24" EAST'655.72 TO THU:POINT OF BEGINNING; TOGETHER WITH THAT PORTION OF SAID :NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION' 28. . . ".... COMMENCING AT AFOREMENTIONED POINT':"A"; THENCE NORTH 88°00'36" WEST 413.26 FEET TO THE.POJNI.OF BEGINNJNG;., THENCE SOUTH 81°59'24" WEST 180.41 FEET TO THE BEGINNING . OF A CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS' 34.50 ,FEET AND A CENTRAL ANGLE OF 67°55'15"; THENCE NORTHWESTERLY ALONG SAID CURVE AN ARC LENGTH OF 40..90 FEET TO THE EAST RIGHT-OF-WAY MARGIN OF SOUTHCENTER PARKWAY; / THENCE NORTH 01 °08'35" EAST ALONG SAID EAST RIGHT -OF -WAY MARGIN .15.86 FEET; THENCE.SOUTH 88 °00'36" EAST 213.12 FEET TO THE POINT OF BEGINNING; CONTAINING AN AREA OF 497,638 FEET, OR 11.4242 ACRES MORE OR LESS. SITUATE'IN THE'CITY "OF TUKWILA, KING COUNTY, WASHINGTON. G:\share\legal \Stores \WA\Tukwila\REA 071706a.DOC Page 53 :WIG PROPERTIES NEW RETAIL SITE JOHANN G. WASSERMANN, P.L.S. BLH' JOB NO.= 5254.08 JULY 13, 2:006 .. BUSH, R'OEO & . . INC . 2049 MINOR AVENUE'EAST SE TTZE WA 981 (206).323 - 4144...... .r 0: \share\ legal Stores \WA\TukwilakREA 071706a.DOC Page 54 •.. EXHIBIT B SITE PLAN .• . • PROPOSED SIGNAL MULTI—TENANT MONUMENT SIGNS iii 421.6- AA, Ak 4:01■1194. ;VEEP ' II 'V VAN i 11* I . 11„1 ii:i:neseennommili.t. ,viagimapputunuiur.d. , g i I v i erimumg, MTI111111111111111 511rdillidi! ...4j • • - ... elerf ,„,,,.,,,,,,,,:„4, :„:,::„„:,„:::::::::,:.:::,.::::„:„..„:„,,,:,::,:::::::::::::::::::,::::::::::::::::::::.:::,.. . , 1./ , ,..----,,-,---- ----- „i„.11quaummuniluminummell liiiiiiMM imswasaimil OFF SITE IMPROVEMENTS TO -- NORTH STREET (fka) S'.-17.2ND ST. •-• >- Cl_ EXISTING SIGNAL jjji MINKLER BOULEVARD.. EXHIBIT B REA LEGEND Kohl's Tract ---- Developer Tract Eg3 Building Areas Staging Area Pernonent Drive •-• CRAP HIC ScLE ant7;1eo • ..REQUIRED SHEET SIZE: 24" X 36" NEC Minkler Blvd & Southcenter Parkway Tukwila, WA MULTI-TENANT MONUMENT SIGNS L LJ UJ CD 0 PROPOSED SIGNAL 5 0 1 1 1 70p.mmert.:_ OFF SITE IMPROVEMENTS TO 'NORTH STREET (fka) . S . : - .1.7./2ND ST. EXISTING SIGNAL MINKLER BOULEVARD • EXHIBIT REA LEGEND rai Pedestrian Access Kohl's Protected Area KOHIES ciikpme scA4 c.„ 60' kE'VU.11i SHEET 'SIZE: 24" X 36" NEC Minkler Blvd & Southcenter Parkway Tukwila, WA EXHIBIT C APPROVED GRADING, DRAINAGE AND UTILITY PLANS fro be agreed upon) V G: \share\legal \Stores \WA \Tukwila\REA 071706a.DOC Page 55 V . • • • GAsharelegallStores\WA \Tukwila \REA 071706a.DOC Page 56 EXHIBIT D SIGN EXHIBIT • , • • • • • • • • • • • • • • • • • 7• , • , I . • • • , • • • • • • • • • . • • • • . • • .... .,--. „, .. . .,..-.,......,' PRELIMINARY PYLON SIGNAGE .... ,,. .."--. ,. SOUTHOENTER SQUARE, TUKWILA - WA ..,.,....,_. . „..„.... • •... . . , .. --..... „•... 'SCALE : 1/4" =0-0' ..::c FRE1HEIT & HO ARCHITECTS, INC., P.S. 10230 NE POINTS OWE SUITE 300 PRAM% WA 98033 P: 425.8271100 F: 425.828.6899 07/09/56 1537 A03-446Monument Signage dwg Originals of. the REA with the Elevations Exhibit attached is held at Kohl's Department Stores, Inc., N56 W17000 Ridgewood Drive, Menomonee Falls, WI 53051, Attention: Legal Department and Wig :'Prop'etties, LL;C -SS, 4811 134th Place SE, Bellevue, WA 98006, Attention: Mr.Mon Wig. V EXHIBIT E INITIAL ELEVATIONS 6436259 MEMORANDUM OF GROUND LEASE THIS MEMORANDUM OP GROUND LEASE, dated as of September 16, 1968, by and between J. C. PENNEY PROPERTYES, C• F. INC., a Delaware corporation, having an orrice at 1301 Avenue of the Americas, New York, New York 10019 (Lessor), and J. C. PENNEY COMPANY, INC., a Delaware corporation, having an address. at 1301 Avenue of the Americas, New York, New York 10019 (Lessee), W I T N E S S E T H_ WHEREAS, Lessor and Lessee have entered into a ground lease dated as of September 16, 1968 (the Ground Lease), wherein Lessor has leased and demised to Lessee the property described in Schedule A hereto, a copy of the Ground Lease being held by each of the parties thereto; WHEREAS, Lessor and Lessee desire to enter into this Memorandum of Ground Lease which is to be recorded in order that third parties may have notice of Lessee's interest in said property and of the existence or the Ground Lease; NOW, THEREFORE, Lessor, in consideration of the rents, covenants and agreements on the part of Lessee to be paid and performed, hereby leases and demises to Lessee RECEIVED 'AUG 2 7 2007 COMMUNITY DEVELOPMENT 'vot 240 , the Property described in Schedule A hereto, together with all buildings, structures and improvements constructed and . to be constructed thereon and all easements, rights and &p- a if CJ purtenances granted under the Ground Lease. rl The primary term of the Ground Lease shall begin on November 19, 1968 and shall end at midnight on Febru- ary 28, 1994. Lessee shall have the right to extend the term of the Ground Lease for not more than six consecutive extended terms of five years each, on the terms and condi- tions set forth in the Ground Lease. If all such rights to extend are exercised, the final date of expiration of the Ground Lease will be February 28, 2024_ Lessee shall have the right at any time during the term of the Ground Lease to alter any building or structure upon the property thereby leased, as set forth In the Ground Lease. Lessor and Lessee agree that the certain un- recorded lease dated as of June 11, 1965 between Lessor as Landlord and Lessee as Tenant, as amended by agreement dated as of January 27, 1968, shall be, and the same here- by is, terminated, cancelled and annulled as of the date hereof, it being the intention of the parties that the Ground Lease supersedes the prior lease, as amended, between Lessor and Lessee; 2 int 240 mci ?77 All the terms, conditions, provisions and covenants of the Ground Lease are incorporated in this Memorandum of Lease by reference as though written out at length herein, and the Ground Lease and thla Memorandum of Ground Lease shall be deemed to constitute a single instrument or docu- ment. IN WITNESS WHEREOF, the parties hereto have exe- cuted this Memorandum of Ground Lease as or the date first above written. Attest: 'Ass stant ret•.y Attest: J. C. 'ENNEY PROPERTIE i. ' :. .• V • I k i �'; •S � .b. By 6Q 1'l lice- President J. C. PENNEY COMPANY, INC. 401PRIllk • By Vice President ' _ . a 'YJ A 0-1 . i . 3 • Schedule A Deecription of Property That portion of the NW 1/4 of the SE 1/4 and the NE 1/4 of the SW 1/4 of Section 26, Township 23 North, Range 4 East, W.M., in'[ing County, Washington, described as follows! Beginning at the northeast corner of the 8E 1/4 of said Section 26; thence N 88 degrees 05'42 W along the north line of said SE 1/4 a distance of 1 998.68 feet to the west line of the east 659.34 feet of the NV 1/4 of the 31 1/4 of said seotion 26; thence 3 01 degrees 47'29" W along said west line a distance of 658.25 feet; thecae N ON 88 degrees 00'36° W a distance of 1;299.23 feet to the easterly n4 margin of Ness Brothers County Road; thence S 01 degrees 08'35" W ,p along said easterly margin a distance IT 272.87 feet to the true cl point of beginning; thence continuing 8 01 degrees 08'35 W Tong v said easterly margin a distance of 387.17 feet to the south line of said NE 1/4 of the SW 1/4; thence 8 87 degrees 55'53" E along Bald south line a distance of 625.20 feet; thence S 87 degrees 55'02 E along the south line of the NW 1/4 of the SE 1/4 of said Section 26 a distance of 266.26 feet; thence N 02 degrees 17'21 8 a distance of 591.55 feet; thence 14 88 degrees 00'36" W a distance of 406.60 feet; thence N 78 degrees 45'15" W a distance of 136.78 feet; thence N 88 degreeo 00'36" W a distance of 155.00 feet; thence S 01 degrees 08'35° W a distance of 225.00 feet; thence N 88 degrees 00'36 ° ' W to the easterly margin of Mess Brothers County Road a distance of 207.00 feet to the true point of beginning. Easement Area A Together With a non - exclusive easement and right of way for the ' passage of motor vehioloa and pedestrians (but not the parking of motor vehicles on) over the following described land: That portion of the NW 1/4 -of the SE 1/4 and the NE 1/4 of the SW 1/4 of Section 26, Township 23 North, Range 4 East, M.M., in King County, Washington, described as follows: Beginning at the northeast corner of the 3E 1/4 of said Section 26; thence N 88 degrees 05'42 W along the north line of said 38 1/4 a distance of 1998.68 feet to the west line of the east 659.34 feet of the said NW 1/4 of the 38 1/4 of said Section 26; thence S 01 degrees 4 7'29 ° W along said west line a distance of 658.25 feet; thence N 88 degrees 00'36° W a diatanoe of 354.55 feet to the true point be inning; thence continuing N 88 degrees 00'36" W a distance of ; thence S 01 degreee.59'24" W a distance of 24.00 feet; thence N 88 degrees 00'36" W a distance of 310.00 feet; thence N 01 degrees 59'24" E a distance of 24.00 feet; thence N 88 degrees 00'36° W to the easterly margin of Mess Brothers County Road a distance of 561.68 feet; thence S 01 degrees 08'35" W along said east margin a distance of 80.00 feet; thence N 83 degrees 08'53" E a distance 01 209.01_feet; thence 3 88 degrees 00'36° E a distance of 155.00 feet; thence 3'78 degrees 45'15° E a distance of 136.78 feet; thence S 88 degrees 00'36" E a distance of 446.60 feet; thence N 02 degrees 17'21' E a distance of 69.85 feet to the true point of beginning. • Easement Area B 240 pals Together With an exclusive easement for parking on and over the following described land: That portion of the NW 1/4 of the SE o. 1/4 and the NE 1/4 of the SW 1/4 of Section 26, Township 23 u North, Range 4 East, N.M., in King County, Washington, described • as follows: Beginning at the northeast corner of the SE 1/4 of �.j said Section 2b; thence N 88 degrees 05'42" W along the north ✓ line of said SE 1/4 a distance of 1998.b8 feet to the west line of the east 659.34 feet of the said NW 1/4 of the SE 1/4 of said Section 26; thence S 01 degrees 47'29" W along said west line a distance of 658.25 feet; thence N 88 degrees 00'36" W a distance of 427.55 feet to the true point of beginning; thence S 01 degrees 59'2U" W a distance of 24.00 feet; thence N 88 degrees 00'36" W a distance of 310.00 feet; thence N 01 degrees 59'24" E a distance of 24.00 feet; thence S 88 degrees 00'3b" E a distance of 310.00 feet to the true point of beginning. Easement Area C Together With an exclusive easement for the passage of motor vehicles and pedestrians and for the storage of material on and over the following described land: That portion of the NW 1/ of the SE 1/4 of Section 26, Township 23 North, Range 4 East, W.N., in King County, Washington, described as follows: Beginning at the northeast corner of the SE 1/4 of said Section 2h; thence N 88 degrees 05'42" W along the north line of said SE 1/4 a distance of 1,998.68 feet to the west line of the east 059.34 feet of the NW 1/4 of the SE 1/4 of said Section 26; thence S 01 degrees 47'29" W along said west line a distance of 058.25 feet; thence N 88 degrees 00'36" W a distance of 354.55 feet; thence S 02 degrees 17'21" W a distance of 09.85 feet to the true point of beginning; thence continuing S 02 degrees 17'21" W a distance of 591.b2 feet; thence N 87 degrees 55'02" W along the south line of the NW 1/4 of the SE 1/4 a distance of 40.00 feet; thence N 02 degrees 17'21" E a distance of 591.55 feet; thence S 88 degrees 00'3u" E a distance of 40.00 feet to the true point of beginning. a rr 'Nh eta teauo raj a K wbaad'be. s own an ° avcurate survey p e .. 3. 1968: 2. ;All : ° to lag` ordinruiceb, building or.use restricons and ti laws or -regnittione. - . U Nr 3. Grant of easement ' J. C. Penney Properties, Inc. to v Sammamish Commercial Co., Inc., recorded in the Office of the King County Auditor under Pilo No. 5890081.and confirmed by Confirmation of Easement end-Rylfillment of Condition dated August 14, 1968 from J. C. Penney Properties. Inc. to -Sammanish Commercial Co., Inc., recorded in the Office of the King County Auditor under Bile No. 6 397173: Sammamish Commercial Co., Inc. assigned its interest in such easement to the City of Tukwila, Washington by Bill of Sale and Assignment of Easement dated February 5, 1968, recorded in the Office of the King _County Auditor under File No. 6 34 3885. 4. Easement from J. C. Penney Properties, Inc. to Aletores Realty Corporation dated August 22, 1967, recorded in the Office of the King County Auditor under file No. 6227103. 5. Easement from J. C. Penney. Properties Inc. to the City of Tukwila, Washington, dated May 14, 1968, recorded in the Office of the King County Auditor under file No. 6355531, and re- recorded under file No. 6397106. 6. Unrecorded easement from J. C.Pe Properties Inc. to Puget Sound Power & Light Company dated May 14, 1968. 7. Any service, installation or construction charges for garl,aco collection, sewer, water or electricity. ny . A ' 'rl ��� P .6eyer 1a1 Seal) State of New York - ) )as.: County of New York On this /Bids., of November, 1968 before me personally appeared Charles T.Stewart and Elting H. Smith, to me known to be Vice President and Assistant Secretary, respectively, of J. C. Penr)ey Company, Inc. , one of the corporations that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary aet and deed of said corporation, for the uses and purpgses therein mentioned, and on oath stated that they were authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. affixed my tate of New York County of New York On this (,5n day of November.1968, 'before me personally appeared l:rnnoth S. Axeleon and Elting H. Smith to me known to bevice president and Assistant Secretary, resp of J. C. Penney Properties, Inc. one of the corporations that executed the within and foregoing instrument, and acknowledged said Instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ..1%; 3' " (i cY R' ileetE4 Seal) `whit .I IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. 4 cd Notary Public, i 4:7-the State of New Yor , residing at ,v. / 4 Y- TI0000E I 1• u; a ,:Any vneUm stile ni flew s.■ N, 01706 211n OIU1.5rd a Bran :owl. Col i.kd m Nee 11,d, To C. a iy Co mma, n [.pun Md,N 30. 1970 ) )es.: Notary Public, lr the State ofkerr elu , residing; at r. ti '. VQ 240 X281 4.0" d.�/ locoed � p �• ROBERT A. NORM. Comfy Aube/ Moira Bradshaw - RE: Southcenter Squat From: "Johann Wassermann" <johannw @brhinc.com> To: "David McPherson" <dmcpherson @ci.tukwila.wa.us> Date: 09/05/2007 9:54 am Subject: RE: Southcenter Square CC: Thanks Dave, Johann <mbradshaw @ci.tukwila.wa.us >, " Leshya Wig" <les... Attached is the Public Storm Easement description and exhibit, also the Sidewalk easements, which I updated and corrected slightly. I will include the Public Storm easement in the BSP and send you an updated BSP with all the up -dated easement descriptions etc. Original Message From: David McPherson [mailto :dmcpherson @ci.tukwila.wa.us] Sent: Wednesday, September 05, 2007 08:33 To: Johann Wassermann; Leshya Wig Subject: Re: Southcenter Square Hi Dave, Johann, I would like to keep the sidewalk easement(s) separate from the storm easement. I believe there already is a proposed Public utilities easement within the new Baugh Drive. You have already provided a legal description and depiction. This should work for the new storm system within Baugh Drive. This covers between Minkler Blvd. and to the East end of Wig Blvd. (a.k.a. North Road). Should have a new /separate Public Storm Drainage Easement at the corner Minkler Blvd. and Baugh Drive. This will be for the Public Vault area. E -mail me (or) call at (206) 431 -2448, if you have questions /comments. Thank you. Dave »> "Johann Wassermann" <johannw @brhinc.com> 09/04/2007 11:04 am »> I'm writing the Storm Drain easement at the corner of Minkler Blvd. and Baugh Drive at the Southcenter Plaza. The storm pipes go north along the westerly edge of Baugh Drive and then west along the southerly edge of Wig Boulevard. Should we change the Sidewalk Easement to Sidewalk and Utilities Easement to cover the storm and other utilities? Johann Wassermann, PLS Project Manager Bush, Roed & Hitchings, Inc. 2009 Minor Avenue East Seattle, WA 98102 Tel. 206.323.4144 Fax. 206.323.7135 Page . 1 j [oira Bradshaw - RE: Southcenter Squa johannw @brhinc.com Page 2 Moira Bradshaw - RE: Turnover Docume - Drafts I'm reviewing the legals and exhibits. I will up -date them to reflect the correct street names etc. Also on the sidewalk easement for the developer parcel I lost the header in the description and on the plat - I will revised this. I should have everything done by tomorrow morning. From: "Johann Wassermann" <johannw @brhinc.com> To: "Leshya Wig" <leshyawig @wigproperties.com> Date: 09/04/2007 8:57 am Subject: RE: Turnover Documents - Drafts CC: <dmcpherson @ci.tukwila.wa.us >, "Lynn Hurst" <hu... Hi Leshya, Does the new public storm easement to be shown on the binding site plan. Please let me know. Also I will be on vacation from this Friday afternoon to September 28. I will be back October 1. Johann Original Message From: Leshya Wig [mailto :leshyawig @wigproperties.com] Sent: Friday, August 31, 2007 10:37 To: 'Lynn Hurst; Johann Wassermann Subject: FW: Turnover Documents - Drafts Lynn & Johann, Please find attached the turnover documents from the City of Tukwila. Lynn, Can you take a look at the language the City proposed and make sure nothing looks awry? Johann, Please take a look to make sure the easement descriptions are accurate. Also, Dave is asking for another legal description for the Public Storm Easement area. I will fax you a sketch showing this area. Thanks, Leshya Original Message From: David McPherson [mailto :dmcpherson @ci.tukwila.wa.us] Sent: Friday, August 31, 2007 9:21 AM To: Leshya Wig Subject: Turnover Documents - Drafts Page 1] Moira Bradshaw - RE: Turnover Docume.- Drafts Leshya, See attached ref. Turnover Documents - Drafts. Thank you. Dave Page 2 D Moira Bradshaw - 95254 -08 -SW & SD iF .doc SIDEWALK EASEMENT DESCRIPTION NEW PARCEL 1 (KOHL'S PARCEL) THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER AND OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 26, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 26; THENCE NORTH 88 °05'06" WEST ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER, A DISTANCE OF 2678.68 FEET TO THE EAST LINE OF SAID NORTHEAST QUARTER OF THE SOUTHWEST QUARTER; THENCE SOUTH 01 °13'01" WEST ALONG SAID EAST LINE 657.29 FEET; THENCE CONTINUING SOUTH 01 °13'01" WEST 24.50 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 88 °00'00" EAST 584.27 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 64.50 FEET, AND A CENTRAL ANGLE OF 89 °48'05 "; THENCE SOUTHEASTERLY AND SOUTHERLY ALONG SAID CURVE AN ARC DISTANCE OF 101.09 FEET; THENCE SOUTH 01 °48'05" WEST 277.39 FEET; THENCE NORTH 88 °00'00" WEST 18.85 FEET; THENCE NORTH 03 °40'46" EAST 8.69 FEET; THENCE NORTH 00 °32'49" WEST 38.26 FEET; THENCE NORTH 00 °56'12" EAST 10.61 FEET; THENCE NORTH 46 °07'12" EAST 7.16 FEET; THENCE SOUTH 88 °39'25" EAST 2.49 FEET TO THE BEGINNING OF A NON - TANGENT CURVE CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 24.50 FEET, A CENTRAL ANGLE OF 27 °39'51 ", AND TO WHICH A RADIAL LINE BEARS SOUTH 60 °32'04" EAST; THENCE NORTHERLY ALONG SAID CURVE AN ARC DISTANCE OF 11.83 FEET; THENCE NORTH 01 °48'05" EAST 203.29 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 54.50 FEET, AND A CENTRAL ANGLE OF 89°48'05"; THENCE NORTHWESTERLY AND WESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 85.42 FEET; THENCE NORTH 88 °00'00" WEST 275.32 FEET; THENCE SOUTH 02 °00'00" WEST 5.50 FEET; THENCE NORTH 88 °00'00" WEST 5.00 FEET; THENCE SOUTH 02 °00'00" WEST 5.00 FEET; THENCE NORTH 88 °00'00" WEST 50.32 FEET TO THE A POINT ON A NON - TANGENT CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 25.00 FEET, A CENTRAL ANGLE OF 19 °51'22 ", AND TO WHICH A RADIAL LINE BEARS NORTH 82 °47'34" EAST; THENCE NORTHWESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 8.66 FEET; THENCE SOUTH 82 °55'08" WEST 9.48 FEET; THENCE NORTH 53 °00'00" WEST 6.72 FEET; THENCE NORTH 88 °00'00" WEST 309.30 FEET; THENCE SOUTH 03 °45'20" WEST 2.20 FEET; THENCE SOUTH 47 °00'00" WEST 7.50 FEET; THENCE NORTH 88 °00'00" WEST 12.32 FEET; THENCE NORTH 02 °00'00" EAST 15.26 FEET; THENCE NORTH 86 °38'21" EAST 22.81 FEET TO A POINT ON A CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 24.50 FEET, AND A CENTRAL ANGLE OF 5 °21'39'; THENCE EASTERLY ALONG SAID CURVE AN ARC DISTANCE OF 2.29 FEET; THENCE SOUTH 88 °00'00" EAST 66.05 FEET TO THE POINT OF BEGINNING; CONTAINING AN AREA OF 11,754 SQUARE FEET, OR 0.2698 ACRES, MORE Moira Bradshaw - 95254 -08 -SW & SD li.doc OR LESS. SITUATE IN THE CITY OF TUKWILA, KING COUNTY, WASHINGTON. Page 1 of 2 wig Properties SOUTHCENTER SQUARE Johann g. wassermann, P.L.S. BRH JOB NO. 95254.08 SEPTEMBER 4, 2007 BUSH, ROED & HITCHINGS, inc. 2009 MINOR AVENUE EAST SEATTLE, WA 98102 (206) 323 -4144 Moira Bradshaw - 95254 -08 -SW & SD doc Page 2 of 2 SIDEWALK EASEMENT DESCRIPTION NEW PARCEL 2 (DEVELOPER'S PARCEL) THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER AND OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 26, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 26; THENCE NORTH 88 °05'06" WEST ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER, A DISTANCE OF 2678.68 FEET TO THE EAST LINE OF SAID NORTHEAST QUARTER OF THE SOUTHWEST QUARTER; THENCE SOUTH 01 ° 13'01" WEST ALONG SAID EAST LINE 657.29 FEET; THENCE CONTINUING SOUTH 01 °13'01" WEST 24.50 FEET; THENCE NORTH 88 ° 00'00" WEST 66.05 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 24.50 FEET, AND A CENTRAL ANGLE OF 5°21'39 "; THENCE WESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 2.29 FEET; THENCE SOUTH 86 °38'21" WEST 22.81 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 86 °38'21" WEST 57.15 FEET; THENCE SOUTH 86 °24'22" WEST 108.03 FEET; THENCE NORTH 89 °34'49" WEST 68.61 FEET; THENCE NORTH 88 °00'00" WEST 100.99 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 49.50 FEET, AND A CENTRAL ANGLE OF 10°00'00"; THENCE WESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 8.64 FEET; THENCE SOUTH 82 °00'00" WEST 170.24 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 34.50 FEET, AND A CENTRAL ANGLE OF 49 °36'52 "; THENCE SOUTHWESTERLY ALONG SAID CURVE AN ARC LENGTH OF 29.87 FEET TO THE EAST RIGHT -OF -WAY MARGIN OF SOUTHCENTER PARKWAY; THENCE SOUTH 01 °09'11" WEST ALONG SAID EAST RIGHT -OF -WAY MARGIN 520.63 FEET TO THE BEGINNING OF A NON - TANGENT CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 35.00 FEET, A CENTRAL ANGLE OF 54 °51'46 ", AND TO WHICH A RADIAL LINE BEARS SOUTH 56 °56'42" WEST; THENCE SOUTHEASTERLY ALONG SAID CURVE AN ARC DISTANCE OF 33.51 FEET; THENCE SOUTH 87 °55'04" EAST 792.07 FEET; THENCE SOUTH 85 °38'26" EAST 80.71 FEET TO THE NORTH RIGHT -OF -WAY MARGIN OF MINKLER BOULEVARD; THENCE SOUTH 87 °54'26" EAST ALONG SAID NORTH RIGHT -OF -WAY MARGIN 355.64 FEET TO THE BEGINNING OF A NON - TANGENT CURVE CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 34.50 FEET, A CENTRAL ANGLE OF 47 °10'53 ", AND TO WHICH A RADIAL LINE BEARS SOUTH 40 °59'40" EAST; THENCE NORTHERLY ALONG SAID CURVE AN ARC DISTANCE OF 28.41 FEET; THENCE NORTH 01 °48'05" EAST 240.34 FEET; THENCE NORTH 88 °00'00" WEST 18.85 FEET; THENCE SOUTH 03 °40'46" WEST 0.29 FEET; THENCE SOUTH 41 °05'07" EAST 7.17 FEET; THENCE SOUTH 86 °54'12" EAST 3.98 FEET; THENCE SOUTH 01 °48'05" WEST 66.97 FEET; 3 I Moira Bradshaw - 95254 -08 -SW & SD .doc THENCE SOUTH 88 °01'15" WEST 3.51 FEET; THENCE SOUTH 42 °42'50" WEST 7.16 FEET; THENCE SOUTH 02 °24'23" EAST 9.58 FEET; THENCE SOUTH 02 °22'51" EAST 41.37 FEET; THENCE SOUTH 11 °51'33" WEST 12.77 FEET; THENCE SOUTH 33 °19'27" EAST 7.16 FEET; THENCE SOUTH 78 °30'27" EAST 2.62 FEET; THENCE SOUTH 01°48'05" WEST 89.95 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 25.00 FEET, AND A CENTRAL ANLGE OF 90 ° 30'40'; THENCE SOUTHWESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 39.49 FEET; Page 1 of 3 THENCE NORTH 87 °41'15" WEST 91.36 FEET; THENCE NORTH 85 °39'03" WEST 218.43 FEET TO THE BEGINNING OF A NON - TANGENT CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 7.97 FEET, A CENTRAL ANGLE OF 52 °43'37 ", AN TO WHICH A RADIAL LINE BEARS SOUTH 04 °14'05" WEST; THENCE NORTHWESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 7.33 FEET; THENCE NORTH 33 °09'10" WEST 6.67 FEET; THENCE NORTH 88 °00'00" WEST 11.31 FEET; THENCE NORTH 85 °00'18" WEST 31.04 FEET; THENCE SOUTH 79 °13'14" WEST 11.08 FEET; THENCE SOUTH 35 °01'59" WEST 6.29 FEET; THENCE NORTH 85 ° 38'26" WEST 35.67 FEET; THENCE NORTH 87 °55'03" WEST 279.82 FEET; THENCE NORTH 41 °13'05" WEST 5.46 FEET; THENCE NORTH 85 °47'51" WEST 10.32 FEET; THENCE NORTH 80 0 51'58" WEST 32.91 FEET; THENCE NORTH 88 °00'00" WEST 7.37 FEET; THENCE SOUTH 43 °43'10" WEST 11.22 FEET; THENCE NORTH 87 °55'04" WEST 119.06 FEET; THENCE NORTH 20 °55'56" WEST 4.57 FEET; THENCE NORTH 62 °34'58" WEST 9.81 FEET; THENCE NORTH 86 °44'19" WEST 32.09 FEET; THENCE SOUTH 64 °09'07" WEST 10.86 FEET; THENCE SOUTH 25 °14'52" WEST 4.32 FEET; THENCE NORTH 87 °55'04" WEST 279.08 FEET; THENCE NORTH 41 °00'00" WEST 17.59 FEET TO THE BEGINNING OF A NON - TANGENT CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 27.77 FEET, A CENTRAL ANGLE OF 42 °36'11 ", AND TO WHICH A RADIAL LINE BEARS SOUTH 45 °22'49" WEST; THENCE NORTHERLY ALONG SAID CURVE AN ARC DISTANCE OF 20.65 FEET; THENCE NORTH 02 °00'00" EAST 38.21 FEET; THENCE SOUTH 88 °00'00" EAST 0.83 FEET; THENCE NORTH 02 °00'00" EAST 26.00 FEET; THENCE NORTH 88 °00'41" WEST 1.51 FEET; THENCE NORTH 01 °09'11" EAST 159.37 FEET; THENCE NORTH 60 °07'20" EAST 6.67 FEET; THENCE NORTH 17 °49'33" EAST 10.52 FEET; THENCE NORTH 01 °04'20" EAST 25.00 FEET; THENCE NORTH 13 °25'09" WEST 10.57 FEET; THENCE NORTH 55 °38'37" WEST 6.62 FEET; THENCE NORTH 01 °09'11" EAST 191.74 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 35.00 FEET, AN A CENTRAL ANGLE OF 80 °50'49 "; THENCE NORTHEASTERLY ALONG SAID CURVE AN ARC DISTANCE OF 49.39 FEET; THENCE NORTH 82 °00'00" EAST 157.93 FEET TO THE BEGINNING OF A 41 Moira Bradshaw - 95254 -08 -SW & SD doc • • CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 41.50 FEET, AND A CENTRAL ANGLE OF 10 °00'00'; THENCE EASTERLY ALONG SAID CURVE AN ARC DISTANCE OF 7.24 FEET; THENCE SOUTH 88 °00'00" EAST 106.02 FEET; THENCE NORTH 18 °57'37" EAST 2.75 FEET TO THE BEGINNING OF A NON - TANGENT CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 20.00 FEET, A CENTRAL ANGLE OF 45 °28'35 ", AN TO WHICH A RADIAL LINE BEARS NORTH 18 °57'37" EAST; THENCE SOUTHEASTERLY ALONG SAID CURVE AN ARC DISTANCE OF 15.87 FEET; THENCE SOUTH 87 °56'58" EAST 4.96 FEET; THENCE NORTH 89 °10'26" EAST 32.86 FEET; THENCE NORTH 84 °27'02" EAST 9.43 FEET; THENCE NORTH 43 °1229" EAST 5.63 FEET; THENCE NORTH 86 °24'22" EAST 112.95 FEET; THENCE SOUTH 03 °43'21" EAST 0.82 FEET; Page 2 of 3 THENCE SOUTH 46 °47'31" EAST 6.95 FEET; THENCE SOUTH 89 °51'41" EAST 10.62 FEET; THENCE NORTH 84 °35'09" EAST 36.40 FEET; THENCE NORTH 02 °00'00" EAST 15.26 FEET TO THE POINT OF BEGINNING; TOGETHER WITH THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 26, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 26; THENCE NORTH 88 °05'06" WEST ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER, A DISTANCE OF 2678.68 FEET TO THE EAST LINE OF SAID NORTHEAST QUARTER OF THE SOUTHWEST QUARTER; THENCE SOUTH 01 °13'01" WEST ALONG sAID EAST LINE 657.29 FEET; THENCE NORTH 88 ° 00'00" WEST 412.77 FEET; THENCE SOUTH 82 °00'00" WEST 28.73 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 82 °00'00" WEST 151.86 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 34.50 FEET AND A CENTRAL ANGLE OF 67°55'14"; THENCE NORTHWESTERLY ALONG SAID CURVE AN ARC LENGTH OF 40.90 FEET TO THE EAST RIGHT -OF -WAY MARGIN OF SOUTHCENTER PARKWAY; THENCE NORTH 01 °09'11" EAST ALONG SAID EAST RIGHT -OF -WAY MARGIN 15.71 FEET; THENCE SOUTH 88 °00'00" EAST 0.08 FEET TO THE BEGINNING OF A NON - TANGENT CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 29.50 FEET, A CENTRAL ANGLE OF 94 °54'36 ", AND TO WHICH A RADIAL LINE BEARS SOUTH 86 °54'36" WEST; THENCE SOUTHEASTERLY AND EASTERLY ALONG SAID CURVE AN ARC DISTANCE OF 48.87 FEET; THENCE NORTH 08 °00'00" WEST 4.50 FEET; THENCE NORTH 82 °00'00" EAST 126.71 FEET; THENCE SOUTH 08 °00'00" EAST 5.00 FEET; THENCE SOUTH 82 °00'00" EAST 25.15 FEET; THENCE SOUTH 08 °00'00" EAST 4.50 FEET TO THE POINT OF BEGINNING; CONTAINING AN AREA OF 29,397 FEET, OR 0.6749 ACRES MORE OR LESS. SITUATE IN THE CITY OF TUKWILA, KING COUNTY, WASHINGTON. L Moira Bradshaw - 95254 -08 -SW & SD 1111.doc Page 3 of 3 PUBLIC STROM DRAIN EASEMENT wig Properties SOUTHCENTER SQUARE Johann g. wassermann, P.L.S. BRH JOB NO. 95254.08 SEPTEMBER 4, 2007 BUSH, ROED & HITCHINGS, inc. 2009 MINOR AVENUE EAST SEATTLE, WA 98102 (206) 323 -4144 THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 26, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: COMMENCING AT the NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 26; THENCE NORTH 88 °05'06" WEST ALONG THE NORTH LINE OF SAID SOUTHEAST quarter, A DISTANCE OF 2678.68 FEET TO THE WEST LINE OF SAID NORTHWEST QUARTER OF THE SOUTHEAST QUARTER; THENCE SOUTH 01 °13'01" WEST ALONG SAID EAST LINE 657.29 FEET; THENCE NORTH 88 °00'00" WEST 673.30 FEET TO THE WEST LINE OF THE EAST 659.34 FEET OF SAID NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 26; THENCE SOUTH 01 °48'05" WEST ALONG SAID WEST LINE 631.91 FEET TO THE NORTHERLY RIGHT -OF -WAY MARGIN OF MINKLER BOULEVARD, AS CONVEYED TO THE CITY OF TUKWILA BY DEED RECORDED AUGUST 29, 1994 UNDER RECORDING NUMBER 9408290323; THENCE NORTH 87 °54'26" WEST ALONG SAID NORTHERLY RIGHT -OF -WAY MARGIN 35.56 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 87 °54'26" WEST ALONG SAID NORTH MARGIN 63.62 FEET; THENCE NORTH 02 °18'48" EAST 27.97 FEET; THENCE NORTH 71 °47'04" EAST 79.22 FEET; THENCE SOUTH 01 °48'05" WEST PARALLEL WITH AND 24.50 FEET WESTERLY OF SAID WEST LINE OF THE EAST 659.34 FEET OF SAID NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 26, 30.11 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 34.50 FEET, AND A CENTRAL ANGLE OF 47° 10'53 "; THENCE SOUTHWESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 28.41 FEET TO THE POINT OF BEGINNING; CONTAINING AN AREA OF 3,022 SQUARE FEET, OR 0.0694 ACRES, MORE OF LESS. SITUATE IN THE CITY OF TUKWILA, KING COUNTY, WASHINGTON. Moira Bradshaw - 95254 -08 -SW & SDI.doc wig Properties SOUTHCENTER SQUARE johann g. wassermann, P.L.S. BRH JOB NO. 95254.08 SEPTEMBER 4, 2007 BUSH, ROED & HITCHINGS, inc. 2009 MINOR AVENUE EAST SEATTLE, WA 98102 (206) 323 -4144 7 August 15, 2007 Mr. Mon Wig Ms. Leshya Wig Wig Properties 4811 134 Place SE Bellevue, WA 98006 Dear Mr. Wig and Ms. Wig: Moira C. Bradshaw Senior Planner • cry of Tukwila Department of Community Development Steve Lancaster, Director Copy: Johann Wassermann \ \Tuk2 \vol3\HOME\MOIRA \penneys\complete bla BSIP.Itr.doc Notice of Complete Applications • Subject: L07 -049 Lot Consolidation and L07 -050 — Binding Site Improvement Plan Substantively, I have the following comments regarding the application for a BSIP. Steven M. Mullet, Mayor Your applications for a Lot Consolidation and BSIP are complete. A BSIP is a Type 2 Decision and per the City Code (18.104.090) a Notice of Application must be sent to departments and agencies with jurisdiction to allow for a 14 day comment period for that application. 1. All the street names should reflect the approved names: Wig Boulevard for the north and Bauch Drive for the east. 2. The General Standards section of the Subdivision Code (17.20.030 (J)) specifies the type and location where monumentation must occur. Please refer to that section for direction. 3. For the BSIP application, a reciprocal easement for shared access, circulation, parking, landscaping and signage is required as part of the decision. Please describe and indicate on the appropriate sheets. 4. Please note on the map that Bauch Drive is intended as a future public street. 5. Clarify or rescind the "Easement for Parking" (Recording g No. 6436259) shown in Wig Boulevard. 6. The departmental review is on -going for the Lot Consolidation and BSIP. I am waiting for the Fire Department to return their comments. 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206- 431 -3670 • Fax: 206 - 431 -3665 CITY OF TUKWILA NOTICE OF APPLICATION 17 August 2007 PROJECT INFORMATION Wig Properties, LLC has filed an application for a Lot Consolidation and a Binding Site Improvement Plan (BSIP) for the Southcenter Square development, which is located at the following addresses: 17100, 17150, 17200 and 17250 Southcenter PY. The application proposes to consolidate three parcels into one and then create two parcels on the 18.76 acre site. Approvals applied for include: A Lot Consolidation and BSIP File nos. L07 -049 and L07- 050 FILE AVAILABLE FOR PUBLIC REVIEW The files are available at the City of Tukwila. To view the files, come to the Department of Community Development (DCD), located at 6300 Southcenter Boulevard, Suite 100. Project Files include: E04-019; Pre04-030, L04-069, L06 -050, DA07 -002 OPPORTUNITY FOR PUBLIC COMMENT Your written comments on the project are requested. They must be delivered to DCD at the address above or postmarked no later than Friday August 31, 5:00 P.M., APPEALS You may request a copy of any decision, information on hearings, and your appeal rights by calling DCD at (206) 431 -3670. The Lot Consolidation (L07 -049) and BSIP (L07 -050) are appealable to the City's Hearing Examiner For further information on this proposal, contact Moira Carr Bradshaw at (206) 431 -3670 or via email at mbradshaw@ci.tukwila.wa.us or visit our offices at 6300 Southcenter Boulevard, Suite #100, Monday through Friday, 8:30 a.m. to 5:00 p.m. Applications Filed: July 18, 2007 Notice of Completeness Issued: August 15, 2007 Notice of Application Issued: August 17, 2007 Q: \penneys \ notice of app bsipbla.DOC Dept. Of Community Development City of Tukwila AFFIDAVIT OF DISTRIBUTION • I. ( 3 rOCKHEREBY DECLARE THAT: Notice of Public Hearing Determination of Non- Significance Project Name: A,) ( P Notice of Public Meeting Project Number: (_01 •Mitigated Determination of Non- Significance Mailer's Signature: Board of Adjustment Agenda Pkt Person requesting mailing: Determination of Significance & Scoping Notice Board of Appeals Agenda Pkt Notice of Action ' Planning Commission Agenda Pkt Official Notice Short Subdivision Agenda • , /tice of Application ' Shoreline Mgmt Permit Notice of Application for Shoreline Mgmt Permit • _ _ FAX To Seattle Times Classifieds Mail: Gail Muller Classifieds PO Box 70 - Seattle WA 98111 . Other ' Was mailed to each of the addresses listed on this 2 D day of =in the year 2001 P:W DMINJSTRATIVEFORMS TORMSNFFmAVITOFDISTRIBUTION Project Name: A,) ( P Q,Q� Project Number: (_01 L L 7 o.SV Mailer's Signature: / - (AZ4 . Person requesting mailing: Was mailed to each of the addresses listed on this 2 D day of =in the year 2001 P:W DMINJSTRATIVEFORMS TORMSNFFmAVITOFDISTRIBUTION ( ) U.S. ARMY CORPS OF ENGINRRS () FEDERAL HIGHWAY ADMINI TION ( ) DEPT OF FISH & WILDLIFE ( ) OFFICE OF ARCHAEOLOGY ( ) TRANSPORTATION DEPARTMENT O DEPT NATURAL RESOURCES () OFFICE OF THE GOVERNOR () DEPT OF COMM. HERIES TRADE WILDUFE ECONOMIC DEV. KING COUNTY AGENCIES ( ) BOUNDARY REVIEW BOARD () FIRE DISTRICT 111 () FIRE DISTRICT 02 ( ) K.C. WASTEWATER TREATMENT DMSION ( ) KC. DEPT OF PARKS & REC () KC. ASSESSORS OFFICE ( ) TUKWILA SCHOOL DISTRICT () TUKWILA LIBRARY () RENTON UBRARY ( ) KENT LIBRARY () CITY OF SEATTLE LIBRARY (SST ( ) SEATTLE CITY UGHT pUGET SOUND ENERGY () HIGHUNE WATER DISTRICT () SEATTLE WATER DEPARTMENT ( ) AT&T CABLE SERVICES () KENT PLANNING DEPT ( ) TUKWILA CTTY DEPARTMENTS: () PUBLIC WORKS ( ) FIRE ( ) pOUCE .( ) FINANCE () PLANNING ( ) BUILDING ( ) PARKS & REC. () MAYOR () CITY CLERK ( ) PUGET SOUND REGIONAL COUNCIL ( ) SW K C CHAMBER OF COMMERCE ( ) MUCKLESHOOT INDIAN TRIBE RESOURCES PROGRAM ( ) FISHERIES PROGRAM ( ) WILDLIFE PROGRAM ( ) SEATTLE TIMES ( ) SOUTH COUNTY JOURNAL P:IADMINISTRATW FORMSCHICL ST.DOC WASHINGTON STATE AGENCIES ( ) DEPT OF SOCIAL & HEALTH SERV. () DEPT OF ECOLOGY, SHORELAND DIV () DEPT OF ECOLOGY, SEPA DMSION' ( ) OFFICE OF ATTORNEY GENERAL CHKUST W/ DETERMINATIONS SITE MAPS WITH DECISION • SEND • SEND SCHOOLS/LIBRARIES UTILITIES CRY AGENCIES MEDIA ) U.S. CryYirturo Ylcn 1 AL. r rw . vv ..v....vr..v • ( ) U.S. DEPT .U.D. ( ) NATIONAL INE FISHERIES SERVICE ( ) FOSTER LIBRARY ( ) K C PUBLIC UBRARY ( ) HIGHLINE SCHOOL DISTRICT ( ) SEATTLE SCHOOL DISTRICT ( ) RENTON SCHOOL DISTRICT ( ) HIGHUNE TIMES ( ) CI.TUKWILA.WA.US.VWVW ( ) HEALTH DEPT ( ) PORT OF SEATTLE ( )1(C. DEV & ENVIR SERVICES-SEPA INFO CNTR ( ) KC. TRANSIT DMSION - SEPA OFFICIAL ( ) KC. LAND & WATER RESOURCES ( ) OLYMPIC PIPELINE ( ) VAL -VUE SEWER DISTRICT ( ) WATER DISTRICT 020 ( ) WATER DISTRICT 0125 ( ) CITY OF RENTON PUBLIC WORKS ( ) BRYN MAWR- LAKERIDGE SEWERIWATER DISTRICT ( ) RENTON PLANNING DEPT - () CITY OF SEA -TAC () CITY OF BURIEN ( ) TUKWILA PLANNING COMMISSION MEMBERS ( ) TUKWILA CITY COUNCIL MEMBERS ( ) CITY OF SEATTLE - SEPA INFO CENTER - DCLU ( ) STRATEGIC PLANNING OFFICE' • NOTICE OF ALL SEATTLE RELATED PING PROD. OTHER LOCAL AGENCIES ( ) DUWAMISH INDIAN TRIBE () P.S. AIR POLLUTION CLEAN AGENCY ( ) SOUND TRANSIT ( ) DUWAMISH RIVER CLEAN -UP COALITION •SEW NOTICE OF ALL APPUCATIONS ON DUWAMISH RIVER Project: r , l 04-/e&" Address: / 7 i / 7i 00 / 7& . 0r . ` )2..._ °Y Date transmitted: 541/61- Response requested by: ,e31/0/6 Staff coordinator: Date response received: City of Tukwila Department of Community Development File Number File Number LAND USE PERMIT ROUTING FORM TO: B uilding Li Planning Public Works :Fire Dept. LI Police Dept. ! J Parks/Rec 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.) Plan check date: Comments prepared by: Update date: Project: � oe.illfe:"i i ' ��, ,S Q (.Jr'ie.6" Address: / /J0 / 7/ 00 1 -ZZ SO 0 �' P, Date transmitted: Ok /6 - Response requested by: e / / Staff coordinator: Date response received: 11) City of Tukwila Department of Community Development LAND USE PERMIT ROUTING FO TO: .Building !_Ji Planning %Public Works File Number 407-- 050 M Fire Dept. Police Dept. �^ Parks /Rec 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.) Plan check date: Dg-* o7 Comments prepared by: Update date: TO: *Building f City of Tukwila Department of Community D LAND U Address: 1750, 17/0 Date transmitted: 041/6 Staff Date response coordinator: received: RM e Dept. LI' Parks /Rec 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.) tAegA, �� w..„ . (3 Nl&w. 's 7 Qs-o UKD vv. S R { , mkk Di u,` 8 Plan check data; Comments prepared by Update date: Project: 5 Address: 7 WOO Date --Z_ �. transmitted: 6 /a /c) 7 Response requested by: 1/46 7 Staff coordinator: /1,1f> Date response received: TO: LAND USE PERMIT ROUTING FORM City of T Wila Department of Community Development U Planning Plan check date: 08_ 06- 07 Comments prepared by: blic Works File Number ire Dept. ! Police Dept. Parks/Rec 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.) Update date: Project: Doore ° V_. ,'Q u , e , Address: / 45 7/ 00 7&.q) .)0 - PY Date . transmitted: � - 7.- Response requested by: 61/0/6 Staff coordinator: Date response received: RECEIVE City of Tukwila AUG 0 12007 Department of Community Development TUKWILA PUBLIC WORKS LAND USE PERMIT ROUTING FORM TO: Building ' "i Planning Public Works Fire Dept. L !! Poli Dept. 1= Parks/Rec P • P• — 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.) (PtLC I/fit s -r F1 1=Vk t3lnl bi,G Stig. oviel dvvns 6 omnel File Number /A7 -0 (siP Plan check date: Comments prepared by: Update date: • • • Facility # 9509 — Tukwila, Washington (S/L Ground Lease) and, CONFIRMATION OF TERMINATION OF GROUND LEASE AGREEMENT, dated as of the 31st day of March, 2003, by and between J. C. Penney Properties, Inc., a Delaware corporation, having a mailing address at P.O. Box 10001, Dallas, Texas 75301 -2105 ( "Lessor "), and J. C. Penney Corporation, Inc., formerly known as J. C. Penney Company, Inc., a Delaware corporation, having a mailing address at P.O. Box 10001, Dallas, Texas 75301 -2105 ( "Lessee "). WITNESSETH: WHEREAS, Lessor and Lessee entered into that certain Ground Lease dated as of September 16, 1968, whereby there was demised and subleased to Tenant a parcel of land located in the City of Tukwila, County of King, State of Washington, more particulary on Schedule A hereto, together with the buildings and improvements located thereon, said Ground Lease, as may have been supplemented or amended, is hereinafter referred to as the "Ground Lease "; and, WHEREAS, a Memorandum of Ground Lease dated as of September 16, 1968 was recorded on November 19, 1968, in the Records of King County, Washington, in Volume 240 of Leases, Page 275; and WHEREAS, the Ground Lease by its terms expired on the last day of February, 1999; • WHEREAS, Lessor and Lessee have agreed to confirm the termination of the Ground Lease. NOW, THEREFORE, in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration paid by Lessee to Lessor, the receipt and sufficiency of which are hereby acknowledged, and in consideration of the mutual covenants herein contained, the parties hereto do hereby covenant and agree as follows: 1. The Ground Lease and any leasehold estate created thereby terminated as of the last day of February, 1999, and the Ground Lease is no longer be of any force or effect. 2. Lessee has released and surrendered to Lessor all of the demised premises, together with all of Lessee's right, title and interest therein, TO HAVE AND TO HOLD the same unto Lessor forever, and Lessor has accepted the surrender of the demised premises. 3. This Agreement shall be binding upon and inure to the benefit of the parties hereto, and their heirs, devisees, executors, administrators, successors in interest and assigns. 41111 IN WITNESS WHEREOF, Lessor and Lessee have caused this Agreement to be duly • • executed and sealed the day and year first above written. A IT EST: Assistant Secretary ATTEST: IA )1 iA/00(. -- ecretary APPROVED J. C. PENNEY CORPORATION, INC. ATIORNEV By: Michael Lowenkron, Vice President J. C. PENNEY PROPERTIES, INC. By: Raymond Emma, Vi e President ID STATE OF TEXAS )SS.: COUNTY OF COLLIN ) This instrument was acknowledged before me on the 04 "` day of 6 .9/' , 2003, by Michael Lowenkron, Vice President of J. C. PENNEY CORPORATION, INC., a Delaware corporation, on behalf of said corporation. IN WITNESS WHEREOF, I have hereunder set my hand and official seal. My Commission Expires: LYNN BLAIR MY COMMISSION EXPIRES une 9.2006 STATE OF TEXAS COUNTY OF COLLIN • • )SS.: Notary Public, State of Texas This instrument was acknowledged before me on the c2- day of Raymond Emma, Vice President of J. C. PENNEY PROPERTIES, INC., a Delaware corporation, on behalf of said corporation. IN WITNESS WHEREOF, I have hereunder set my hand and official seal. ' � MY COMMISSION LYNN BLAIR ' q ; June 0 EXPIRES Notary Public, State of Texas , 2003, by • • • • • SCHEDULE A DESCRIPTION OF PROPERTY All that certain parcel and piece of land, together with the buildings • thereon situated in the City of. Tukwila, County of King and State of • Washington, and more fully described as follows:. That portion of the NW 1 / 4 of the SE 1 /4 and the NE 1/4 of the SW. 1 /4 of Section 26, Township 23 North, Range 4 East, W.M., King County, Washington, described as follows: Beginning . at the northeast c oiner of the SE 1/4 of said Section. 26; thence • 1V' 8S °05'42" W along the north line of said SE 1 ,/ a distance of 1,998.68 feet to the west line of the east 659.34 feet of the NW 1/4 of the SE 14 of said Section 26; thence S 01 °47'29" W along said nest line a distance of 658.25 feet; thence N SS °00'36" W a distance, . of 1,299.23 feet to the easterly margin of Mess Brothers County. Road; thence S. 01 °0S'35" W along said easterly .margin a distance' • of 272.87 feet to the true point of beginning; thence continuing S. 01 °0S'35" W along said easterly margin a distance of 387.17 feet to the south line of said NE 1/4 of the SW 1 /4; thence S 87 °55'53" E along said south line a distance of 625.20 feet; thence S S7°55'02". • E along the south line of the NW 1/4 of the SE 1/4 of said Section 26 a distance of 266.26 feet; thence N 02 °17'21" E a distance of 591.55 feet; thence N SS °00'36" W a distance of 406.60 feet; thence • N 78 °45'15" W a distance of 136.18 feet; thence N 88 °00'36" W a distance of 155.00 feet; thence S 01 °08'35" W a distance of 225.00 feet; thence N SS °00'36" W to the.easterly margin of Mess Brothers County Road a distance of 207.00 feet to the true.point of beginning. • EASEMENT ARE& A , TOGETHER WITH a non-exclusive right of way and easement for • the passage of motor vehicles. and pedestrians over (but not the parking of motor vehicles on) the following described land: That portion of the NW 1 /.1 of the SE 1/4 and the NE 1/4 of the SW• 1 li of • Section 26, Township 23 North, Range 4 East, W. M., in Ring County, Washington, described as follows : Beginning at the north- . east corner of the SE 1/4 of said Section 26; thence N S8 °05'42" W along the north line of said SE 1 /4 a distance of 1998.68 feet to the west line of the cast 659.34 feet of the said NW 1/4 of the SE / of said Section 26; thence S 01 °47'29" W along said west line a distance • of 638.25 feet; thence N' SS °00'36" W a distance of 354.53 feet to the true point of beginning; thence continuing N S8 °00'36" W a • • • distance of 73.00 feet; thence S 01 °59'24" W a distance of 24.00 feet; thence N S3 °00'36" W a distance of 310.00 feet; thence 01 °59'24" E a distance of 24.00 feet; thence N SS °00'36" W to the easterly margin of Mess Brothers County Road a distance of 561.68 feet; thence S 01 °03'35" W along said east margin a distance of 80.00 feet; thence \ S3 °03'53" E a distance of 209.01 feet; thence S 8S °00'36" E a distance of 155.00 feet; thence S 78 °45'15" E a 1 distance of 136.78 feet; thence S SS °00'36" E a distance of 446.60 feet; thence N 02 °17'21" E a distance of 69.85 feet to the true point of beginning. EASEMENT AREA B. TOGETHER 'WITH an exclusive easement for parking on and over the 'following described land: That portion of the NW 1 /4 of the SE 1 /4 and the NE 1 /4 of the SW. 1/4 of Section 26, Town- ship 23 North, Range 4 East, W. M., in King County, Washington, described as follows: Beginning at the northeast corner of the SE 1 /4 of said Section 26; thence N 33 W along the north line of said SE 1 a distance of 1993.63 feet to the west line of the east 659.34 feet of the said NW 1/4 of the SE 1 /4 of said Section 26; thence S 01 °47'29" W along said west line a distance of 658.25 feet; thence N 8S °00'36" W a distance of 427.55 feet to the true point of beginning; thence S 01 °59'24" W a distance of 24.00 feet; thence N 8S °00'36" W a distance of 310.00 feet; thence N 01 °59'24" E a • distance of 24.00 feet; thence S SS °00'36" E a distance of 310.00 feet . to the true point of beginning. EASEMENT AREA C TOGETHER WITH an exclusive easement for the passage of motor vehicles and pedestrians and for the storage of material on and over ' the following described land : That portion of the NW 1 /4 of the SE 1,4 of Section 26, Township 23 North, Range.4 East, W. M., in 1 ng County, Washington, described as follows : Beginning at the north- east corner of the SE 1/4 of said Section 26; thence N 8S'05 W along the north line of said SE 1 /,1 a distance of 1998.68 feet to the west line of the east 659.34 feet of the NW 1 /4 of the SE 1; of said Section 26; thence S 01 °47'29" W along said west line a distance . . of 653.25 feet; thence N 83 W a distance of 354.55 feet; thence S 02 °17'21" W a distance of 69.85 feet to the true point of beginning; thence continuing S 02 °17'21" W a distance of 591.62 feet; thence N S7 °55'02" W along the south line of the NW %, of the SE 1 /4 a distance of 40.00 feet; thence N 02 °17'21" E a distance of 591.55 feet; thence S SS °00'36" E a distance of 40.00 feet to the true point of beginning. • Schedule A — Page 2 G:\Slhare \legal\ Stores \WA \Tu kwila\REA 071706a.DOC Page 1 • • RECIPROCAL EASEMENT AGREEMENT BETWEEN KOHL'S DEPARTMENT STORES, INC. AND WIG PROPERTIES, LLC -SS p 7 -0S0 • • TABLE OF CONTENTS Page ARTICLE 1 5 DEFINITIONS 5 1.1. Agreement 5 1.2. Approved Plans 5 1.3. Approving Owners 5 1.4. Building 6 1.5. Building Area 6 1.6. Center Pylon Sign(s) 6 1.7. Claims 6 1.8. Common Area 6 1.9. Constant Dollars 6 1.10. Floor Area 7 1.11. Governmental Regulations 7 I,12. Improvements 7 1.13. Interest Rate 7 1.14. Mortgagee 7 1.15. Occupant 7 1.16. Owner 7 1.17, Permittee 7 1.18. Person 8 1.19. Prime Lease 8 1.20. Prime Lessee 8 1.21. Restaurant 8 1.22. Service Areas 8 1.23. Tract 8 1.24. Utility Lines 8 ARTICLE 2 9 BUILDING AND COMMON AREA DEVELOPMENT 9 2.1. Building Location 9 2.1. Common Area 9 2.3. Type and Design of Improvements 10 2.4. Construction Requirements 13 2.5. Temporary License 13 2.6. Indemnity 14 2.7. Approval Procedures 14 2.8. Liens 14 ARTICLE 3 15 EASEMENTS I 5 3.1. Ingress and Egress 15 3.2. Parking 15 3.3. Utility Lines and Facilities 16 3.4. Signs 18 3.5. Permanent Drive 18 3.6. Storm Drainage and Detention Easements 1.9 3, 7, Pedestrian Access Easements 19 3.8. Building Encroachments 20 3.9. Dedication to Public Entities 20 3,10. No Merger 20 G:\sh areVegal\ Stores \WA \Tukwila\REA 071706a.DOC Page 2 • ARTICLE 4 21 OPERATION OF COMMON AREA 21 4.1. Parking Requirements 21 4.2. Employee Parking 21 4.3. Occupant Signs 21. 4.4. Protection of Common Area 23 4.5. Changes to Common Area 23 ARTICLE 5 24 RESTRICTIONS ON USE 24 5.1. Shopping Center Restrictions 24 5.2. Proprietary Rights of Kohl's 29 5.3. Hazardous Materials 29 ARTICLE 6 30 MAINTENANCE STANDARDS 30 6.1. • Maintenance Obligations 30 6.3. Maintenance Director 31 ARTICLE 7 32 LIGHTING 32 7.1. General Requirements 32 7.2. Additional Lighting 32 ARTICLE 8 33 INSURANCE AND INDEMNITY 33 8.1. Liability Insurance 33 8.2. Insurance Coverage During Construction 34 8.3. Property Insurance 35 8.4 Insurance Requirements 35 8.5. Waiver of Subrogation 36 8.6. Indemnification by Owners 36 ARTICLE 9 37 PROPERTY DAMAGE AND EMINENT DOMAIN 37 9. 1. Maintenance of Buildings and Service Areas 37 9.2 Damage to Buildings 37 9.3. Casualty Damage to Common Area 38 9.4. Eminent Domain 38 ARTICLE 10 39 PAYMENT OF TAXES .... 39 10.1. Taxes and Assessments 39 ARTICLE 11 39 DEFAULT 39 11.1. Default 39 11.2. Right to Cure 40 11.3. Remedies Cumulative 40 11.4. Attorneys' Fees 41 ARTICLE 12 41 LIEN FOR EXPENSES OR TAXES 41 12.1. Effectiveness of Lien 41 G:'shareklegal \ Stores \WA\Tu kwi Ia\REA 071706a.DOC Page 3 EXHIBITS G: Lshare \egal \Stores1WA \Tukwita\REA 071706a.DOC Page 4 • • 12.2. Priority of Lien 42 ARTICLE 13 42 BINDING EFFECT 42 13.1. Successors and Assigns 42 13.2. Limitation on Release 42 13.3, Termination of Kohl's Lease 42 ARTICLE 14 43 MISCELLANEOUS 43 14.1. Covenants Run With the Land 93 14.2. No Public Dedication 43 14.3. Duration 43 14.4. Modification and Termination ......... 44 14.5. Method of Approval 44 14.6. Multiple Owners 45 14.7. Estoppel Certificates 45 14.8. Breach Shall Not Permit Termination 45 14.9. Notices 46 14.10. Waiver 46 14,11. Severability 46 14.12. Not a Partnership 47 14.13, Captions and Headings 47 14.14. Interpretation 47 14.15. Entire Agreement .. 47 14.16. Joint and Several Obligations 47 14.17. Recordation 47 14.18. Mortgagee Protection - 47 14.19 Variances 47 14.20. Counterparts 48 A -1 LEGAL DESCRIPTION OF THE KOHL'S TRACT A -2 LEGAL DESCRIPTION OF THE DEVELOPER TRACT B SITE PLAN C APPROVED GRADING, DRAINAGE AND UTILITY PLANS D SIGN EXHIBIT E INITIAL ELEVATIONS • • RECIPROCAL EASEMENT AGREEMENT THIS RECIPROCAL EASEMENT AGREEMENT (this "Agreement ") is made as of July , 2006, by and between KOHL'S DEPARTMENT STORES, INC., a Delaware corporation ( "Kohl's "), and WIG PROPERTIES, LLC - SS, a Washington limited liability company ( "Developer "). RECITALS A. Developer is the owner of a certain tract of land legally described in EXHIBIT A -1 attached hereto and made a part hereof and identified as the "Kohl's Tract" on the site plan attached hereto as EXHIBIT B and made a part hereof (the "Site Plan "). B. Developer also is the owner of a certain tract of land legally described in EXHIBIT A -2 attached hereto and made a part hereof and identified as the "Developer Tract" on the Site Plan on which is anticipated to be constructed buildings E2, E3, E4, N and S. C. The Kohl's Tract and the Developer Tract (collectively, the "Shopping Center ") are located at the northeast corner of the intersection of Southcenter Parkway and Minkler Boulevard, in the City of Tukwila, County of King State of Washington. D. Pursuant to a certain Lease da rty ed , 2006 (the "Kohl's Lease "), by and between Developer, as landlord, and Kohl's, as tenant, Kohl's leased the Kohl's Tract from Developer. E. The signatories hereto intend to develop and operate their respective Tracts in conjunction with each other as integral parts of an integrated retail shopping complex, but not a planned or common interest development /community, and in order to effectuate the common use and operation of their respective Tracts they desire to enter into certain covenants and agreements, and to grant to each other certain reciprocal easements, in, to, over, and across their respective Tracts. NOW, THEREFORE, in consideration of the covenants and agreements hereinafter set forth and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Kohl's and Developer hereby agree as follows: 1.1. Agreement. "Agreement" shall mean this Reciprocal Easement Agreement. 1.2. Approved Plans. "Approved Plans" shall mean the grading, drainage and utility plans for the Shopping Center approved by the Approving Owners and referenced on EXHIBIT C attached hereto and made a part hereof. 1.3. Approving Owners. "Approving Owners" shall mean the Owner designated from time to time to make certain decisions and /or give certain approvals pursuant to the terms G :\share',legal \Stores \WA1Tukwila\REA 071706a.DOC Page 5 ARTICLE 1 DEFINITIONS of this Agreement. There shall be one Approving Owner representing the Developer Tract and one Approving Owner representing the Kohl's Tract. Developer shall be the initial Approving Owner for the Developer Tract, and Kohl's shall be the initial Approving Owner for the Kohl's Tract. Each Approving Owner shall have the right to assign its position as Approving Owner pursuant to Section 13.1. • • 1.4. Building. "Building" shall mean any permanently enclosed structure placed, constructed or located on a Tract, which shall include any appurtenant canopies and supports. 1.5. Building Area. "Building Area" shall mean all those areas on each Tract designated as "Building Area" on the Site Plan and within which Buildings may be constructed, placed or located. 1.6. Center Pylon Sign(s), "Center Pylon Sign(s)" shall mean the pylon and /or monument signs designated on the Site Plan. 1.7. Claims. "Claims" shall mean causes of action, claims, liabilities, losses, damages, costs and expenses (including reasonable attorneys' fees and court costs). 1.8. Common Area. "Common Area" shall mean all those areas on each Tract which are not from time to time actually covered by Buildings or Service Areas. Canopies which extend over the Common Area, together with any columns or posts supporting same, shall be deemed to be a part of the Building to which they are attached and not a part of the Common Area. The improvement or use of any portion of the Building Area as Common Area shall not be construed as a permanent inclusion of such portion within the Common Area, and such portions may, at any time thereafter, be improved with Buildings and appurtenances as contemplated by this Agreement. 1.9. Constant Dollars. (a) "Constant Dollars" shall mean the present value of the dollars to which such phrase refers. The first adjustment of Constant Dollars shall occur on January 1, 2012, and Constant Dollars shall be adjusted every five years thereafter. Constant Dollars shall be determined by multiplying the dollar amount to be adjusted by a fraction, the numerator of which is the Current Index Number and the denominator of which is the Base Index Number. 2006. (b) "Base Index Number" shall mean the level of the Index for September, (c) "Current Index Number" shall mean the level of the Index for the month of September of the year preceding the adjustment year. (d) "Index" shall mean the Consumer Price Index for All Urban Consumers (CPI -U), U.S. City Average, published by the Bureau of Labor Statistics of the United States Department of Labor (base year 1982 -84 =100), or if publication of the Index is discontinued, a substitute index selected by the Approving Owners of comparable statistics computed by an agency of the United States Government or, if none, by a G:lsharc \Icgal \Stores \WA \Tukwila\R.EA 071706a.DOC • Page 6 • • substantial and responsible periodical or publication of recognized authority most closely approximating the result which would have been achieved by the Index. 1.10. Floor Area. "Floor Area" shall mean the total number of square feet of floor space on each floor in a Building, including basement, subterranean, balcony and mezzanine space, irrespective of whether actually occupied, and including any outdoor seating area used exclusively by an Owner or Occupant for its Permittees. Floor Area shall be measured from the exterior line of the exterior walls and from the center line of any party or common interior walls without deduction for columns, walls or other structural or non - structural components; provided, however, in no event shall the following be included in such calculations: (i) any mezzanine area or basement area used solely for the storage of merchandise and trade fixtures, (ii) Service Areas and (iii) any entry feature that is constructed primarily for aesthetic purposes and does not contain any usable sales floor. 1.11. Governmental Regulations. "Governmental Regulations" shall mean any or all laws, statutes, ordinances, codes, decrees, rulings, regulations, writs, injunctions, orders, rules, or conditions of approval or authorization of any governmental entity, agency or political subdivision whether now in force or which may hereafter be in force. 1.12. Improvements. "Improvements" shall mean any Building, sign or Common Area improvements located in the Shopping Center. 1.13. Interest Rate. "Interest Rate" shall mean the Prime Rate plus two percent. As used herein, "Prime Rate" shall mean the 'rate of interest published from time to time as the "Prime Rate" in The Wall Street Journal under the heading "Money Rates "; provided, however, that (i) if more than one such rate is published therein the Prime Rate shall be the highest such rate, and (ii) if such rate is no longer published in The Wall Street Journal or is otherwise unavailable, the Prime Rate shall be a substantially comparable index of short term loan interest rates charged by U.S. banks to corporate borrowers selected by the Approving Owners. 1.14. Mortgagee. "Mortgagee" shall mean any mortgagee under a mortgage, a grantee under a deed to secure debt, or a trustee or beneficiary under a deed of trust constituting a lien on any Tract. 1.15. Occupant. "Occupant" shall mean any Person or Prime Lessee from time to time entitled to the use and occupancy of any portion of a Building in the Shopping Center under an ownership right or any lease, sublease, assignment, license, concession, or other similar agreement. 1.16. Owner. For the purposes of this agreement only, "Owner" shall mean (i) the then record holder of fee simple title to a Tract or a future subdivision thereof, its heirs, personal representatives, successors and assigns, or (ii) a Prime Lessee as to a Tract that is subject to a Prime Lease. Each Tract may have only one Owner. 1.17. Permittee. "Permittee" shall mean all Occupants and the officers, directors, employees, agents, contractors, customers, vendors, suppliers, visitors, invitees, licensees, subtenants, and concessionaires of Occupants insofar as their activities relate to the intended development, use and occupancy of the Shopping Center; provided, however, persons engaged G:l share \legal\Stores \WA \Tukwila\REA 071706a.DOC Page 7 • • in civic, public or political activities within the Shopping Center, including but not limited to the following activities, shall not be considered to be Permittees: (a) exhibiting any placard, sign or notice; (b) distributing any circular, handbill, placard or booklet; (c) soliciting memberships or contributions for private, civic, public or charitable purposes; (d) parading, picketing or demonstrating; and (e) failing to follow rules or regulations established by the Approving Owners relating to the use of the Shopping Center. 1.18. Person. "Person" shall mean individuals, partnerships, firms, associations, corporations, limited liability companies, trusts, governmental agencies, administrative tribunals or any other form of business or legal entity. 1.19. Prime Lease. "Prime Lease" shall mean the Kohl's Lease and any other lease between a fee owner of an entire Tract, as landlord, and a Prime Lessee, as tenant. 1.20. Prime Lessee. "Prime Lessee' shall mean the tenant under the Kohl's Lease and any other Occupant of an entire Tract who is not the fee owner of such Tract, but who, pursuant to a lease or other agreement by which such Prime Lessee assumes during the term thereof all obligations and responsibilities relating to the ownership and operation of such Tract and any business thereon, is designated by the fee owner of such Tract as the Owner of such Tract for purposes of this Agreement. 1.21. Restaurant. "Restaurant" shall mean any operation or business which requires a governmental permit, license and /or authorization to prepare and /or serve food for either on -site or off -site consumption; provided, however, notwithstanding anything herein to the contrary, a supermarket, grocery store or similar operation shall not be deemed a Restaurant. 1.22. Service Areas. "Service Areas" shall mean trash compactors and enclosures, exterior lighting attached to a Building, drive -up or drive - through customer service facilities directly adjacent or in close proximity to a Building, side yards and rear yards used for outdoor storage (provided such outdoor storage does not interfere with the flow of vehicular traffic), loading docks, electrical facilities and transformers, truck ramps and other similar exclusive service facilities and outward' extensions, and customer pickup areas directly adjacent or in close proximity to a Building, whether or not described, labeled or depicted as such on the Site Plan. The Service Areas are the exclusive property of the Owner of the Tract and not part of the Common Area. 1.23. Tract. "Tract" shall mean that portion of the Shopping Center owned by a Party. 1.24. Utility Lines. "Utility Lines" shall mean those facilities and systems for the transmission or other provision of utility services, including, but not limited to, water drainage, detention or retention systems or structures, water mains, sewers, lift stations, water sprinkler G:l share \lcgal\Stores \WA \Tukwila\REA 071706a.DGC Page 8 • • system lines, electrical conduits or systems, gas mains, other public or private utilities providing service to all Owners of the Shopping Center in common. ARTICLE 2 BUILDING AND COMMON AREA DEVELOPMENT 2.1. Building Location. (a) All Buildings shall be placed or constructed upon the Tract only in the Building Areas. Buildings may be located (or relocated) anywhere within the Building Area provided the total Floor Area of all Buildings constructed within a Building Area does not exceed the lesser of (i) the square footage assigned to such Building Area as shown on the Site Plan (or as otherwise designated herein), or (ii) the maximum square footage of Floor Area permitted on such Tract by the application of the minimum parking requirements set forth in Section 4.1 below. (b) Notwithstanding the foregoing, the Building constructed on the Developer Tract identified on the Site Plan as "N" shall not have its main'entrance facing East. (c) All unimproved portions of a Tract shall be covered by decomposed granite, gravel, sod, hydroseed or as otherwise permitted by Governmental Regulations and kept weed free and clean at the subject Owner's sole cost and expense until such time as Buildings are constructed thereon. Although no Owner shall have an obligation to commence construction of any Building on its Tract, once construction of a Building has been commenced, such Building shall be completed within a reasonable period of time. 2.2. Common Area. The Common Area is hereby reserved for the sole and exclusive use of the Owners and Occupants of the Shopping Center, and their respective Permittees. The Common Area may be used only for vehicular driving, parking and pedestrian traffic and such other purposes as are usual and customary in Shopping Centers in the metropolitan area in which the Shopping Center is located, unless otherwise specifically prohibited in this Agreement. The Common Area shall be maintained as provided for in Article 6. The Owners acknowledge and agree that incidental temporary encroachments upon the Common Area may occur as a result of the use of ladders, scaffolds, store front barricades and similar facilities in connection with the construction, maintenance, repair, replacement, alteration or expansion of Buildings, signs and /or the Common Area, all of which are permitted under this Agreement so long as all activities requiring the use of such equipment are expeditiously pursued to completion and are performed in such a manner as to minimize any interference with use of the improved Common Area or with the normal operation of any business in the Shopping Center. Ga share\legal\Stores \WA\Tukwila\REA 071706a.DOC Page 9 G:\sharalegal \Stores \WA\7 \ikwila \REA 071706a.DOC Page 10 • • 2.3. Type and Design of Improvements. (a) The Common Area shall be constructed in conformity with the Approved Plans or other plans and specifications approved by the Approving Owners. Prior to constructing any Improvements, each Owner shall submit to the Approving Owners grading, drainage and utility plans so that the Approving Owners may confirm compliance with this Section 2.3(a). No Improvements upon a Tract for which grading, drainage and utility plans have not been approved may be constructed; provided, however, grading changes resulting from the expansion of the Building or other Improvements on any Tract shall not require the further consent of the Approving Owners if such expansion is within the Building Area. Unless specifically approved in writing by the Approving Owners, the drainage, grading and utilities of any Tract shall not be materially modified, altered or otherwise changed from the Approved Plans (provided, however, a modification to a Utility Line that does not impact any other Tract shall not require additional approval). There shall be no interference with the established drainage pattern and system over any portion of the Tracts unless adequate provision is made for proper drainage and such interference is approved by all affected Owners. (b) No Building shall be erected or allowed to remain on the Developer Tract or the Kohl's Tract unless the plans and specifications for such Building have been approved by the Approving Owners, which approval shall not be unreasonably withheld; provided, however, the Approving Owners waive the requirement for the submission of Plans for the initial Buildings to be constructed on the Developer Tract and the Kohl's Tract if such Buildings are constructed in compliance with the elevations attached hereto as EXHIBIT E and made a part hereof. A complete set of proposed construction plans including a site, foundation, floor plan and elevation drawings of all sides shall be presented to and approved in writing by the Approving Owners prior to commencing clearing, grading, or construction of a Building of any kind on the Developer Tract. Upon completion of the Building foundation, an actual field survey of the foundation shall be presented to the Approving Owners to ensure that it has been constructed in accordance with the Site Plan. Such Building shall comply with the plans as presented by the Owner unless changes are approved in writing by the Approving Owners. The right to make inspections necessary to assure compliance is reserved to the Approving Owners. (c) Along the common boundary line between the Developer Tract and the Kohl's Tract, the separation of Building walls shall be no less than 12 inches. Kohl's shall use reasonable efforts to locate its Building wall at least 6 inches from the common boundary line, but in no event more than 7 inches therefrom. Developer agrees to use reasonable efforts to locate its Building wall at least 6 inches from the common boundary line, but in no event more than 7 inches inches therefrom. The second Owner constructing a Building along the common boundary line between the Developer Tract. and the Kohl's Tract shall undertake and assume at its sole cost the obligation of completing and maintaining the nominal attachment (flashing and seal) of its Building to that of the existing Building on the other Tract, it being the intent of the Parties to establish and maintain the appearance of one continuous Building complex. In performing such attachment, the wall of one Building shall not receive support from nor apply pressure to the wall of the other Building. The attachment shall be performed in accordance with conceptual plans and specifications provided by the Approving Owner for the Kohl's Tract. (d) No Building shall be built in such a manner as to adversely affect the structural integrity of any other Building in the Shopping Center. Except as provided in Section 2.3(c) hereof, no Owner shall have the right to make any attachment whatsoever to another Owner's Building (such other Owner being referred to in this subparagraph only as "Other Owner ") without such Other Owner's prior written approval, which may be withheld in such Other Owner's sole and absolute discretion. If the Other Owner approves the requested attachment, the Owner making the attachment shall, prior to making such attachment, obtain the Other Owner's prior written approval (which may be withheld in its reasonable discretion) of the drawings and specifications detailing the attachment. The Owner making the attachment shall do so in a manner that does not result in the interruption of the business activities conducted on the adjoining Tract or result in damage to the Improvements in place on the adjoining Tract. Such attachment shall be in strict conformance with the approved drawings and specifications detailing the same. The Owner making the attachment shall repair any affected portion of the Other Owner's Building due to the attachment to the Other Owner's Building. (e) No Building in the Shopping Center shall exceed two stories in height; provided, however, the foregoing restriction shall not prohibit the construction of mezzanines. No Building shall exceed the following height restrictions without the approval of the Approving Owners, which approval may be granted or withheld by the Approving Owners in their sole and absolute discretion unless the City of Tukwila requires the Buildings to be greater in height in which case the height restrictions shall automatically increase on each Tract to that required by the City of Tukwila: G:\share\legal \Stores \WA \Tukwila\REA 071706a.DOC Page 11 (i) On the Kohl's Tract - 36 feet (ii) On the Developer Tract - 36 feet except that a tower feature in the location shown as "Tower Feature" on the Site Plan may reach up to 60 feet in height above finish floor elevation. The height of any Building shall be measured perpendicular from the finished floor elevation of the ground level of the Building to the top of the roof structure, including any architectural feature, screening, parapet, penthouse, mechanical equipment or similar appurtenance located on the roof of such Building. Any Owner shall have the right to install, maintain, repair, replace and remove Communications Equipment used in connection with the business being conducted by an Occupant on the top of the Building on its Tract which may extend above the height limits established above; provided, however, such Communication Equipment shall be set back from the front of the Building to reduce visibility thereof by customers. As used herein, the phrase "Communications Equipment" means such things as satellite and microwave dishes, antennas and laser heads, together with associated equipment and cable. Ga sharc llegallStores \WA \Tukwila1REA 07J706a.DOC Page 12 • • (f) The Owners acknowledge that Kohl's initially proposes to construct on the Kohl's Tract a Building which is classified as an "unlimited area" building under certain building codes (By way of explanation, but not limitation, an "unlimited area" building is designated I V -A or higher under the International Building Code and in this case shall be provided with an automatic sprinkling system throughout, and facades facing South 172nd Street and 62nd Avenue South shall be constructed with three hour fire resistance walls with three hour protected openings). All Buildings constructed within the Shopping Center shall comply with the following requirements: (i) no Building shall be constructed within 60 feet of the Building Area on an adjoining Tract unless such Building, hereinafter referred to as the "Adjacent Building," shall be located immediately adjacent to the common boundary line and is attached to the Building, if any, on the adjacent Tract in accordance with Section 2.3(b); (ii) if an Adjacent Building exists, then no Building shall be located within 60 feet of the Adjacent Building unless such Building is attached to the Adjacent Building in accordance with Section 2.3(b); the Adjacent Building and all other Buildings on the Tract that are attached to the Adjacent Building and to each other are hereinafter referred to as the "Building Group "; (iii) any Building that is not part of the Building Group, shall be located at least 60 feet distant from the Building Group; and (iv) the Adjacent Building or the Building Group, as the case may be, shall comply with the Building code requirements applicable to an "unlimited area" building, including without limitation the installation of an approved sprinkler system for fire protection which meets all the standards of the Insurance Services Office, Inc. (or other similar local organization having jurisdiction). (g) In addition to the requirements set forth above, no Building shall initially be placed or constructed on their respective Tracts in a manner which will, based on then existing governmental regulations, either preclude the construction of an "unlimited area" building within the Building Areas, or cause an existing "unlimited area" building thereon to no longer be in conformance with applicable building code requirements; provided, however, subsequent changes in governmental regulations shall not obligate an Owner to modify or alter its existing Building. (h) If required by any governmental authority, each Owner shall join in a recordable declaration which confirms the existence of a 60 -foot clear area around the Building Areas. (i) There shall not be constructed in the Shopping Center any parking structure, whether over or under ground level. (j) Without the prior written consent of the Approving Owners, no enclosed mall shall be permitted within the Shopping Center. 2.4. Construction Requirements. (a) All work performed in the construction, repair, replacement, alteration or expansion of any Improvements shall be performed as expeditiously as possible and in such a manner as not to unreasonably interfere, obstruct or delay (i) access to or from the Shopping Center, or any part thereof, to or from any public right -of -way, (ii) customer vehicular parking in that portion of the improved Common Area located in front of any Building constructed in the Shopping Center, or (iii) the receiving of merchandise by any business in the Shopping Center, including, without limitation, access to its Building. in addition, all work performed on Improvements on a Tract shall not unreasonably interfere, obstruct or delay (x) construction work being performed on any other Tracts, or (y) the use, enjoyment or occupancy of any other Tracts. Unless otherwise specifically stated herein, the Person contracting for the performance of such work ( "Contracting Owner ") shall, at its sole cost and expense, promptly repair and restore or cause to be promptly repaired and restored to its prior condition all Buildings, signs and Common Area improvements damaged or destroyed in the performance of such work. (b) The Contracting Owner shall indemnify, defend, protect and hold harmless the Owners and Occupants for, from and against any and all Claims arising out of or in any way connected with the performance of such work, including an Owner's or Occupant's own negligence, unless such cause of action is solely the result of the negligent or willful misconduct of the indemnified Owner or Occupant. (c) Staging for the initial construction of Buildings or the replacement, alteration or expansion of any Building, sign or Common Area improvements located in the Shopping Center including, without limitation, the location of any temporary buildings or construction sheds, the storage of building materials, and the parking of construction vehicles and equipment shall (i) be located solely on the constructing Owner's Tract, or (ii) be limited to specific areas ( "Staging Area ") of the Shopping Center designated on the Site Plan or otherwise approved in writing by the Approving Owners. Each Staging Area on any Tract shall be located in such a way that it will not interfere with the use of the Common Area on any other Tract. If a business is operating on the Kohl's Tract, then no other staging and /or storage area shall be located within 100 feet of the Kohl's Tract, unless located within a Building Area; provided, however, if Buildings N and E2 on the Developer Tract are constructed after Kohl's is open, then the Staging Area and /or - storage area of N and E2 may be within 100 feet but at least 25 feet from the Kohl's Tract if Kohl's reasonably approves the location thereof. At the request of any Approving Owner, any Staging Area shall be enclosed by a safety fence. Upon completion of such work, the constructing Owner shall, at its expense, restore any damaged Common Area or improvements in the Common Area to a condition equal to or better than that existing prior to commencement of such work. 2.5. Temporary License. Each Owner hereby grants to the other Owners a temporary license for access and passage over and across the Common Area located on the granting Owner's Tract, to the extent reasonably necessary for such Owner to construct and /or maintain Improvements upon its Tract; provided, however, that such license shall be in effect only during periods when actual construction and /or maintenance is being performed, and provided further that the use of such license shall not unreasonably interfere with the use and operation of (i) any business conducted by an Owner or Occupant, or (ii) the Common Area on G:\ share \legal\Stores \WA \TukwilAREA 071706a.DOC Page 13 • • • • the granting Owner's Tract. Prior to exercising the rights granted herein, an Owner shall provide each granting Owner with a written statement describing the need for such license, and shall furnish a certificate of insurance showing that its contractor has obtained the minimum insurance coverage required by this Agreement. The Owner shall promptly pay all costs and expenses associated with such work, shall complete such work as quickly as possible, and shall promptly clean and restore the affected portion of the Common Area on the granting Owner's Tract to a condition which is equal to or better than the condition which existed prior to the commencement of such work. If a dispute exists between the contractors, laborers, suppliers and /or others connected with construction activities, each Owner shall have the right to prohibit the contractors, laborers, suppliers and /or others working for another Owner from using the Common Area on its Tract. 2.6. Indemnity, In addition to the indemnification provided in Section 8.6 hereof, each Owner shall indemnify, defend, protect and hold every other Owner and their respective officers, directors, shareholders, employees and agents harmless for, from and against any and all Claims arising out of or related to injury to or death of any person or damage to or destruction of any property occurring on any Tract and arising out of or resulting from any construction activities performed by or at the request of an Owner or its Occupants, including an Owner's or Occupant's own negligence, unless such damage or destruction is caused solely by the negligent or willful act or omission of the indemnified Owner. 2.7. Approver Procedures. (a) Before any action requiring the Approving Owners' approval under Section 2.3 hereof is commenced, sufficient information shall be sent to the Approving Owners to enable the Approving Owners to make a decision as to the proposal. Each Approving Owner shall have the right to approve or disapprove the proposal in accordance with the manner and time procedures set forth in Section 14.5 below, and if such Approving Owner disapproves the proposal, it shall provide a written explanation in reasonable detail of its reasons for disapproval. (b) No Approving Owner shall be liable in damages or otherwise for any reason, including any mistake in judgment, negligence or nonfeasance, arising out of or in connection with the approval or disapproval or failure to approve or disapprove any proposal submitted pursuant to this Agreement. Each Owner agrees that, by acquiring title to its Tract and submission of such plans, drawings and /or specifications, it will not bring any action or suit against any Approving Owner to recover any such damages. In addition, each Owner shall indemnify, defend, protect and hold the Approving Owners and their respective officers, directors, shareholders, employees and agents harmless for, from and against any and all Claims arising out of or related to the approval or disapproval of any plans, drawings and /or specifications submitted to an Approving Owner by or on behalf of such Owner or its Occupants. No approval shall be considered an approval of the plans, drawings and /or specifications from an engineering perspective or a determination that they comply with Governmental Regulations or otherwise meet building, environmental or engineering design standards, or that any such Improvements have been built in accordance with such plans, drawings and/or specifications. 2.8. Liens. If any lien is recorded against the Tract of one Owner as a result of services performed or materials furnished for the use of another Owner, the Owner permitting or G:lsharellegallStores \WA \Tukwila \REA 071706aDOC Page 14 • • causing such lien to be so recorded agrees to cause such lien to be discharged within fifteen (15) days after such claim of lien has been recorded. Notwithstanding the foregoing, upon request of the Owner whose Tract is subject to such lien, the Owner permitting or causing such lien to be recorded agrees to (i) cause any such outstanding lien or claim of lien to be released of record or transferred to bond in accordance with applicable law, or (ii) give such assurance as would enable a title insurance company to insure over such lien or claim of lien, failing which the Owner or Prime Lessee whose Tract is subject to such lien shall have the right, at the expense of the Owner permitting or causing such lien to be so recorded, to transfer said lien to bond. Nothing herein shall prevent the Owner permitting or causing such lien to be recorded from contesting the validity thereof in any manner such Owner chooses so long as such contest is pursued with reasonable diligence. If such contest is determined adversely (allowing for appeal to the highest appellate court), such Owner shall promptly pay in full the required amount, together with any interest, penalties, costs, or other charges necessary to release such lien of record. The Owner permitting or causing such lien agrees to defend, protect, indemnify and hold harmless the other Owner and its Tract from and against all Claims arising out of or resulting from such lien. G:l share 1 legal4Stores \WA \Tukwita%EA 071706a.DOC Page 15 ARTICLE 3 EASEMENTS 31. Ingress and Egress. Each Owner, as grantor, hereby grants to each other Owner, as grantee, for the benefit of each Tract belonging to the other Owners, and for the use of said Owner and its Permittees, a nonexclusive easement for ingress and egress by vehicular and pedestrian traffic upon, over and across that portion of the Common Area located on the grantor's Tract(s). Except as otherwise provided in Section 3.5 hereof, the easements granted pursuant to this Section 3.1 shall expire upon the expiration or earlier termination of this Agreement. 3.2. Parking. The Owner of the Kohl's Tract and the Owner of the Developer Tract, as grantors, hereby grants to the Owner of the Kohl's Tract and the Owner of the Developer Tract, as grantees, for the benefit of the Kohl's Tract and the Developer Tract, and for the use of said Owners and their respective Permittees, nonexclusive easements for vehicular parking upon, over and across the parking areas within the Common Area located on the grantor's Tract(s). The easements granted pursuant to this Section 3.2 shall expire upon the expiration or earlier termination of this Agreement. 3.3. Utility Lines and Facilities. Q:\ share llegaRRStores \WAlTukwila\REA 071706a.DOC Page 16 • (a) Each Owner, as grantor, hereby grants to each other Owner, as grantee, for the benefit of each Tract belonging to the other Owners, a perpetual, nonexclusive easement under, through and across the Common Area of the grantor's Tract(s) for the installation, operation, flow, passage, use, maintenance, connection, repair, relocation, removal and replacement of Utility Lines, subject to the written approval of the granting Owner as to the location of such Utility Lines, and otherwise consistent with the Approved Plans for the Shopping Center or other plans and specifications approved by the Approving Owners. All such Utility Lines shall be installed and maintained below the ground level or surface of such easements, except that fire hydrants, 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 other Improvements located in the Shopping Center) or which have been approved by the Approving Owners shall be permitted. (b) At least 20 days prior to any installation, maintenance, connection, repair, relocation or removal of utility lines located on another Owner's Tract pursuant to the easement granted herein (except in an emergency, the work may be initiated with reasonable notice), the grantee shall first provide the grantor with a written statement describing the need for such work, shall identify the proposed location of the Utility Line the nature of the service to be provided, the anticipated commencement and completion dates for the work and shall furnish a certificate of insurance showing that its contractor has obtained the minimum insurance coverage required by Section 8.2. (c) The easement area shall be no wider than necessary to reasonably satisfy the requirements of a private or public utility, or five feet on each side of the centerline if the easement is granted to a private party. The installation, operation, maintenance, repair and replacement of such easement facilities shall not unreasonably interfere with the use of the Common Area or with the normal operation of any business in the Shopping Center. The grantee shall bear all costs related to the installation, operation, maintenance, repair and replacement of such easement facilities, shall repair to the original specifications any damage to the Common Area resulting from such use, and within 30 days after the date of completion of construction of the easement facilities, the grantee shall provide to the Owners of all Tracts upon which such Utility Lines are located as -built plans for all such facilities and a copy of an as -built survey showing the location of such Utility Line. • • (d) Notwithstanding the grant of easement for sewer lines included within Section 3.3(a) above, any connections to storm sewer lines or sanitary sewer fines, if such connections are not shown on the Approved Plans, may only be made if the Owner of a Tract benefiting from the sewer line easement (a "Grantee Tract ") does the following: (i) makes at its sole expense any and all improvements to the sewer lines and systems (including, without limitation, any lift stations) as are necessary or required in order to increase the capacity of the sewer lines and systems to adequately serve the Grantee Tract pursuant to plans and specifications that comply with the requirements of all Governmental Regulations and that are first approved by the Approving Owners and the Owner of the Tract burdened by the sewer line easement (a "Grantor Tract "); (ii) procures all permits, licenses and approvals and pays any and all tap -on or similar fees required to make any such improvements and to so utilize and connect with such sewer lines and systems; and (iii) pays for increased costs of maintenance and repair due to such development work. Notwithstanding the preceding sentence, so long as an Approving Owner complies with the requirements of all Governmental Regulations, such Approving Owner will not be required to obtain the approval of the Owner of the Grantor Tract as set forth in subsection (d)(i) above. (e) At any time and from time to time an Owner shall have the right to install, repair, maintain and /or relocate on its Tract any Utility Line installed (or to be installed) pursuant to the foregoing grant of easement which is then located (or to be located) on the Tract of such Owner, provided that: (i) in the case of an installation or relocation, such installation or relocation shall be performed only after 60 days' notice in writing of the Owner's intention to undertake the relocation shall have been given to the Owner of each Tract served by the Utility Line; (ii) in the case of a repair and /or maintenance, such repair and /or maintenance shall be performed only after 30 days notice in writing of the Owner's intention to undertake repair and /or maintenance shall have been given to the Owner of each Tract served by the Utility Line, except in the case of an emergency (defined as any situation where there is an imminent threat of harm to persons or property), when such notice shall be given a reasonable period in advance of such emergency repair as is practicable; (iii) any such repair, maintenance and /or relocation shall not unreasonably interfere with or diminish utility service to the Tracts served by the Utility Line; G:\share\legal \Stores \WA Tukwila\REA 071706a.DOC Page 17 (iv) any such repair, maintenance and /or relocation shall not reduce or unreasonably impair the usefulness, capacity or function of the Utility Line; (v) any such repair, maintenance and /or relocation shall be performed without cost or expense to the Owner or Occupant of any other Tract; (vi) any such repair, maintenance and /or relocation shall . provide for the original and relocated area (if applicable) to be restored using materials and design standards which equal or exceed those originally used; (vii) any such repair, maintenance and /or relocation shall not interfere with the business operation of any of the Owners or Occupants of the Shopping Center; (viii) if an electrical line /computer line is being relocated, the grantor and grantee shall coordinate such interruption to eliminate any detrimental effects; and (ix) except in an emergency, any such repair, maintenance and /or relocation shall not be commenced during the months of October, November or December. Within 30 days after the date of completion of such relocation, the Owner performing such relocation shall provide to the Owners of all Tracts served by such Utility Lines as -built plans for all such relocated Utility Lines and a copy of an as -built survey showing the location of such relocated Utility Lines, (f) Subject to the provisions of Section 14.3 hereof, the terms and provisions of this Section 3.3 shall survive the expiration or earlier termination of this Agreement. 3.4. Signs. Each Owner, as grantor, hereby grants to each other Owner, as grantee, for the benefit of each Tract belonging to the other Owners, a perpetual, non- exclusive easement under, through and across the Common Area of the grantor's Tract(s) for the installation, operation, maintenance, repair and replacement of the freestanding signs referred to in Section 4.3 of this Agreement and all Utility Lines appurtenant thereto. No signage (temporary or otherwise, including, but not limited to, an electronic marquee) with respect to Persons who are not Owners or Occupants shall be permitted on any Center Pylon Signs located in or upon the Shopping Center. Subject to the provisions of Section 14.3 hereof, the terms and provisions of this Section 3,4 shall survive the expiration or earlier termination of this Agreement. 3 :5, Permanent Drive. Unless otherwise approved in writing by the Approving Owners, which approval may be withheld in each Approving Owner's sole and absolute discretion, those certain access ways shown on the Site Plan as "Permanent Drive(s)" including, without limitation, the curb cuts on such access ways, shall not be altered or modified unless required by applicable governmental authority. Subject to the provisions of Section 14.3 hereof, the terms and provisions of Section 3.1, insofar as they apply to the Permanent Drives, shall survive the expiration or earlier termination of this Agreement. Grlsharellegal \Stores \WA \Tukwila\REA 071706a.DOC Page 18 • G :\shareUcgal \Stores \WA \'ILkwila \REA 071706a.DOC Page 19 • • 3.6. Storm Drainage and Detention Easements. Each Owner hereby grants and conveys to each other Owner owning an adjacent Tract the perpetual right and easement to discharge surface storm water drainage and /or runoff from the grantee's Tract over, upon and across the Common Area of the grantor's Tract, upon the following conditions and terms: (i) the grades and the surface water drainage /retention system for the Shopping Center shall remain in strict conformance with the Approved Plans, and (ii) no Owner shall alter or permit to be altered the surface of the Common Area or the drainage /retention system constructed on its Tract if such alteration is not in conformance with the Approved Plans or would materially increase the flow of surface water onto an adjacent Tract either in the aggregate or by directing the flow of surface water to a limited area. All surface water collection, retention and distribution facilities shall be deemed a Utility Line. All drains, gutters, downspouts, berms, swales, and other drainage facilities and systems (collectively, "Systems ") shall be maintained by each Owner, with respect to the portion of each such System located upon an Owner's Tract, in a neat, orderly, safe and sanitary condition, and in such a manner as to facilitate the orderly discharge of water by means thereof; provided each Owner shall promptly pay its share of the expense of maintaining, cleaning, repairing and operating (including filter cleaning and replacement) the common storm water detention facility which share shall be equal to a fraction the numerator of which is the number of square feet of impervious surface on such Owner's Tract and the denominator the number of square feet of impervious surface in the Shopping Center with such work to be performed by the Owner of the Tract on which the detention facility is located. Subject to the provisions of Section 14.3 hereof, the terms and provisions of this Section 3.6 shall survive the expiration or earlier termination of this Agreement. 3.7. Pedestrian Access Easements. Developer hereby grants and conveys to Kohl's for its use and for the use of the Permittees of the Buildings located upon the Kohl's Tract, a nonexclusive, perpetual easement for the passage and accommodation of pedestrians over and across that portion of the Developer Tract identified on the Site Plan as the "Pedestrian Access Area ". Such easement shall be the greater of either eight feet in width (measured perpendicular to the boundary line of the Kohl's Tract), or such width as is necessary to fulfill applicable legal requirements from time to time in effect, including those under any life safety, or fire or building code applicable to building exits. Kohl's shall have the right to construct, install, maintain, repair and replace steps and /or a hard surface within the Pedestrian Access Area. Developer covenants and agrees not to construct or place, nor permit to be constructed or placed, any building or structure on the Pedestrian Access Area. The foregoing easement, together with the specified covenant and agreement regarding use, shall be appurtenant to and for the benefit of the Kohl's Tract, and shall be binding on, enforceable against and burden the Developer Tract, and shall continue in effect for the term of this Agreement and thereafter for so long as the Building on the Kohl's Tract uses the easement area for the foregoing purposes (including a reasonable period of time to permit reconstruction or replacement of such Building if, the same is be destroyed, damaged or demolished). Subject to the provisions of Section 14.3 hereof, the terms and provisions of this Section 3.7 shall survive the expiration or earlier termination of this Agreement. 3.8. Building Encroachments. • • (a) In order to accommodate any Building improvements which inadvertently may be constructed beyond a Tract's boundary line, each Owner grants to each Owner owning an adjacent Tract an easement, not to exceed a maximum lateral distance of six inches (6 "), in, to, over, under and across that portion of the grantor's Tract adjacent to such common boundary line for the maintenance and replacement of such encroaching Building improvements. The foregoing easement grants shall not diminish or waive any right of an Owner to recover damages resulting from the constructing Owner's failure to construct its Building within its Tract (b) The easements in each instance shall (i) continue in effect for the term of this Agreement and thereafter for so long as the Building using the easement area exists (including a reasonable period to permit reconstruction or replacement of such Building if the same shall be destroyed, damaged or demolished); and (ii) include the reasonable right of access necessary to exercise and enjoy such grant upon terms and with the limitations described in Section 2.5. (c) With respect to Buildings constructed along the common boundary line between Tracts, nothing herein shall be deemed to create or establish: or (ii) the right for a Building to receive support from or apply pressure to the adjacent Building. 3.9. Dedication to Public Entities. Without the prior written consent of the Approving Owners, which consent may be granted or withheld in the sole and absolute discretion of each Approving Owner, no Owner shall grant any easement for the benefit of any property not within the Shopping Center; provided, however, that the foregoing shall not prohibit the granting or dedicating of easements by an Owner on its Tract to governmental or quasi - governmental authorities or to public utilities to service the granting Owner's Tract. 3.10. No Merger. Notwithstanding an Owner's ownership of more than one Tract, the easements granted hereunder shall burden and benefit each Tract individually, without merger as a result of such common ownership, and upon conveyance of a Tract so that such Tract ceases to be under common ownership, neither the Owner conveying said Tract nor the Owner acquiring said Tract shall need to execute additional documentation to evidence the existence of said easements, and said easements shall relate back to and shall be deemed to have been created as of the date this Agreement is recorded in the office of the recorder of the county in which the Shopping Center is located. G:lshare 1egat \Stores \WA \Tukwila\REA 071706a.DOC Page 20 (i) a "common" or "party" wall to be shared with the adjacent Building; • ARTICLE 4 OPERATION OF COMMON AREA 4.1. Parking Requirements. (a) There shall be no charge for parking in the Common Area without the prior written consent of the Approving Owners or unless otherwise required by law. The parking area on the Kohl's Tract and the Developer Tract when combined shall contain sufficient ground level parking spaces, in order to comply with the greater of Governmental Regulations or four (4) parking spaces per 1,000 square feet: The size of the building on the Kohl's Tract as shown on the Site Plan shall not be . increased, nor the use changed, to the extent that such change would require more parking spaces to satisfy any applicable governmental minimum parking requirements; to the extent that more than the number of parking spaces required for the Kohl's Tract to meet the parking requirements of this subsection by itself for the building on the Kohl's Tract as shown on the Site Plan, exist on the Kohl's Tract, such excess may be utilized to satisfy applicable governmental minimum parking requirements on the Developer Tract. (b) If an Owner or Occupant operates a Restaurant incidentally to its primary business purpose, then so long as such incidental operation continues, the portion of the Floor Area occupied by such Restaurant shall be excluded from the application of subsections (I) and (ii) above. For purposes of this clause only, a Restaurant shall be an "incidental operation" if it occupies less than ten percent (10 %) of the Occupant's Floor Area and does not have a separate customer entry/exit door to the outside of the Building. If an Occupant uses Floor Area for both Restaurant and retail purposes, and such Restaurant purpose is not an "incidental operation." only the portion of Floor Area allocated for Restaurant purposes shall be subject to the application of subsection (i) and (ii) above requirements so long as Governmental Regulations also recognize such incidental exception. (c) If a condemnation of part of a Tract or sale or transfer in lieu thereof reduces the number of usable parking spaces below that which is required in this Section 4.1, the Owner whose Tract is so affected shall use commercially reasonable efforts (including, without limitation, using proceeds from the condemnation award or settlement) to restore and /or substitute parking spaces in order to comply with the parking requirements set forth in this Section 4.1. If such compliance is not possible, the Owner whose Tract is so affected shall not be deemed in default hereunder, but such Owner shall not be permitted to expand the amount of Floor Area located upon its Tract. If such Floor Area is thereafter reduced other than by casualty, the Floor Area on such Tract maynot subsequently be increased unless the parking requirement is satisfied. 4.2. Employee Parking. Each Owner shall use commercially reasonable efforts to cause the employees of the Occupants of its Tract to park their vehicles only on such Tract. 4.3. Occupant Signs. (a) No freestanding, permanent sign structures other than the Center Pylon Sign(s) may be erected or maintained in the Shopping Center by any Owner. The Gashare \1cga1 \Stores\WA \ Tukwila \REA 071706a.DOC Page 21 • northernmost Center Pylon Sign(s) shall display the designation of Kohl's and other tenants as shown on the attached Exhibit D, subject to Governmental Regulations; provided, however, if the northernmost Center Pylon Sign is required to be lower in height or otherwise different than as shown on the attached Exhibit D, Developer shall present to Kohl's a drawing of the revised sign. Within thirty (30) days of receiving the revised drawing, Kohl's may elect to display its designation on the southern Center Pylon Sign and upon notification to Developer shall have the right to display its designation on the southern Center Pylon Sign instead of the northernmost Center Pylon Sign. The cost of constructing, installing, maintaining, insuring, repairing and replacing the Center Pylon Sign(s) structure (including electrical hookup to a common meter) shall first be paid by the Owner(s) upon whose Tract(s) such Center Pylon Sign(s) are located, which Owners shall then be reimbursed for such costs by the Owners of all Tracts entitled to display designations thereon in the proportion that the total square footage of each Owner's designation or designations bears to the total square footage of all designations entitled to be displayed thereon. Each Person displaying a designation on a Center Pylon Sign shall supply and maintain its own sign fascia and can. Subject to compliance with more restrictive governmental requirements, the Owner of the Kohl's Tract shall have the use of not less than the area on the uppermost portion of the signage area on one Center Pylon Sign shown on EXHIBIT D. The initial design of the Center Pylon Sign structures shall be as set forth in EXHIBIT D attached hereto. Any change, except as required by governmental regulation, to the initial design of any Center Pylon Sign structure shall be subject to the prior written approval of the Approving Owners. The Owner of the Kohl's Tract shall have the top designation on one Center Pylon Sign. Once constructed, the Center Pylon Signs may not be taken down, altered or modified without the prior written approval of the Approving Owners, except as required by governmental regulation, (b) [This section has been omitted intentionally] (c) Any Occupant occupying less than 25,000 square feet of Floor Area may have only one identification sign placed on each side of the exterior of the Building it occupies. Subject to Governmental Regulations, any Occupant occupying at least 25,000 square feet of Floor Area may have more than one identification sign placed on each side of the exterior of the Building it occupies. (d) No identification sign attached to the exterior of a Building shall be: (i) Placed so as to project above the parapet, canopy or top of the wall upon which it is mounted. (ii) Placed at any angle to the Building; provided, however, the foregoing shall not apply to any sign located under a sidewalk canopy if such sign is at least eight feet above the sidewalk. (iii) Painted on the surface of any Building. (iv) Flashing, moving or audible. (v) Made using exposed raceways, exposed neon tubes, exposed ballast boxes, or exposed transformers. (vi) Made of paper or cardboard, or be temporary in nature (exclusive of contractor signs), or be a sticker or decal; provided, however, the foregoing shall not prohibit the placement at the entrance of each Occupant's space of a small sticker or decal indicating hours of business, emergency telephone numbers, acceptance of credit cards and other similar items of information. GAsharellegal \Stores \WA \'Tukwila \REA 07 1706a DOC Page 22 4.5, Changes to Common Area. • • (e) No Occupant of less than 25,000 square feet of Floor Area shall have an exterior sign which identifies leased departments and /or concessionaires operating under such Occupant's business or trade name, nor shall such sign identify specific brands or products for sale or services offered within a business establishment, unless such identification is used as part of the Occupant's trade name. (f) Notwithstanding anything contained herein to the contrary, each Owner shall be permitted to place within the Common Area located on its Tract the temporary display of leasing information and the temporary erection of one sign identifying each contractor working on a construction job on its Tract. Each Owner shall have the obligation to operate, maintain and repair, in a clean, sightly and safe condition, all signs, including components thereof, located upon its Tract pursuant to the provisions hereof. 4.4. Protection of Common Area. Each Owner and Occupant shall have the right to take such steps as it deems necessary to prevent those Persons not authorized by this Agreement to use the Common Area from using the Common Area for ingress, egress, parking or any other purpose. Subject to Governmental Regulations, such steps shall include, without limitation, the construction of fences, walls or barricades along the boundary lines of any portion of the Shopping Center except along the common boundary line of any Tract with any other Tract; provided, however, that any impairment of vehicular access to or from the Shopping Center, or any part thereof, shall require the Approving Owners' prior written approval, which may be withheld in such Approving Owners' sole and absolute discretion. (a) Except as expressly permitted by this Agreement, no Improvements shall be placed in the Common Area and no material changes shall be made to the Improvements constructed in Common Area without the approval of the Approving Owners, except that each Owner hereby reserves the right, from time to time without obtaining the consent or approval of any other Owner, to make at its own expense any insignificant change, modification or alteration in the portion of the Common Area situated on its Tract, provided that: (i) the accessibility of such Common Area for pedestrian and vehicular traffic (as it relates to the remainder of the Shopping Center) is not unreasonably restricted or hindered, and all parking stalls and rows and vehicular traffic lanes shall remain generally as shown on the Site Plan; (ii) there shall be maintained at all times within such Common Area, a sufficient number of vehicular parking spaces to meet the parking requirements set forth in Section 4.1; (iii) all Governmental Regulations applicable to such modifications shall be satisfied by the Owner performing the same; and such action shall not result in any other Owner being in violation of any Governmental Regulations; (iv) no change shall be made in the access points between the Common Area and the adjacent public streets; provided, however, that additional G: lsharaegallStores \WAVTukwila \REA 07 1706a.DOC Page 23 access points may be created with the approval of the Approving Owners, which approval shall not be unreasonably withheld; (v) at least 30 days prior to making any such change, modification or alteration, the Owner desiring to do such work shall deliver to the Approving Owners copies of the plans therefor; and (vi) such work shall not be performed during the months of November and December, (b) An Approving Owner may withhold its consent to any material change to the entrances or exits to or from the Shopping Center in its sole and absolute discretion. Except as otherwise provided herein and in paragraph (c) below, an Approving Owner shall not unreasonably withhold, condition or delay its consent to changes in the Common Area improvements provided that the parking complies in all respects with Section 4.1. Nothing in this Section 4.5 shall be interpreted to require the Approving Owners' approval to (i) the construction, alteration or relocation of any Service Areas to the extent that they are located, and do not impede access, to the rear or sides of Buildings, or (ii) any changes, modifications or alterations of Common Area located within Building Areas which result from or arise out of the construction, expansion or maintenance of Buildings. (c) Within the area marked on the Site Plan as "Kohl's Protected Area, an Owner may not, without the Owner of the Kohl's Tract's prior written consent, which may be granted or withheld in the Owner of the Kohl's Tract's sole and absolute discretion, (i) alter the location, height or size of any Building or other Improvement, including Common Area Improvements such as access ways in, to or out of the Shopping Center, or (ii) change the number, location or layout of parking spaces (it being acknowledged by the Owners that such parking must comply in ail respects with Section 4.1). ARTICLE 5 RESTRICTIONS ON USE 5.1. Shopping Center Restrictions. (a) The Shopping Center shall be used only for retail sales, offices, Restaurants or other commercial purposes. No use shall be permitted in the Shopping Center which is inconsistent with the operation of a first -class retail shopping center. Without limiting the generality of the foregoing, the following uses shall not be permitted in the Shopping Center without the prior written consent of the Approving Owners (which consent may be granted or withheld in the sole and absolute discretion of the Approving Owners): (i) Any use which emits an obnoxious odor, noise, or sound which can be heard or smelled outside of any Building in the Shopping Center; G:\ charc UcgatlStores \WAlTukwila\REA 071706a.DOC Page 24 • • • • (ii) Any operation primarily used as a storage warehouse operation and any assembling, manufacturing, distilling, refining, smelting, agricultural or mining operation; (iii) Any "second hand" store or "surplus" store, thrift shop or other business principally engaged in the sale of used merchandise; (iv) Any mobile home park, trailer court, labor camp, junkyard or stockyard (except that this provision shall not prohibit the temporary use of construction trailers during periods of construction, reconstruction or maintenance); (v) Any dumping, disposing, incineration, or reduction of garbage (exclusive of garbage compactors located near the rear of any Building); (vi) Any fire sale, going out of business sale, bankruptcy sale (unless pursuant to a court order) or auction house operation; (vii) Any central laundry or central dry cleaning plant (except that this provision shall not prohibit nominal supportive facilities for on -site service oriented to pickup and delivery by the ultimate consumer as the same may be found in first -class shopping centers); (viii) Any service station or automobile, truck, trailer or recreational vehicles sales, leasing, display, body shop or repair operation; (ix) Any bowling alley or skating rink; (x) Any movie theater, night club or live performance theater; (xi) Any living quarters, sleeping apartments or lodging rooms; (xii) Any veterinary hospital or animal raising facility (except that this prohibition shall not prohibit pet shops or pet supply superstores and veterinary services which are incidental thereto); (xiii) Any mortuary, funeral home or crematory; (xiv) Any adult book store, adult video store, adult movie theater or other establishment selling, renting or exhibiting pornographic materials or drug - related paraphernalia (except that this provision shall not prohibit the operation of a bookstore or video store which carries a broad inventory of books or videos and other materials directed towards the interest of the general public [as opposed to a specific segment thereof]); (xv) Any bar, tavern, Restaurant or other establishment whose reasonably projected annual gross revenues from the safe of alcoholic beverages for on- premises consumption exceeds 50 percent of the gross revenues of such business; G: lshare \Iegal\Stores\WA\Tukwila\REA 071706a.DOC Page 25 • • (xvi) Any health spa, fitness center or athletic facility which occupies more than 5,000 square feet of Floor Area; (xvii) Any flea market, amusement or video arcade, pool or billiard hall, car wash, tattoo parlor or dance hall (except that this provision shall not prohibit a Restaurant from including three or fewer video games as an incidental use to its operations); (xviii) Any training or educational facility, including, but not limited to, beauty schools, barber colleges, reading rooms, places of instruction or other operations catering primarily to students or trainees rather than to customers (except that this provision shall not prohibit on -site employee training [whether for employment at the Shopping Center or at another business location of such Occupant] by an Occupant incidental to the conduct of its business at the Shopping Center or children's learning centers where parents drop off and pick up children); (xix) Any church, school, day care center or related religious or educational facility or religious reading room; (xx) Any massage parlor (except that this provision shall not prohibit massages in connection with a beauty salon, health club or athletic facility or a first class facility such as "in Spa" or "Massage Envy" limited to 3,000 square feet); and (xxi) Any casino or other gambling facility or operation, including but not limited to, off -track or sports betting parlors, table games such as black -jack or poker, slot machines, video gambling machines and similar devices, and bingo halls (except that this provision shall not prohibit government sponsored gambling activities or charitable gambling activities if such activities are incidental to the business operation being conducted by the Occupant). (b) As used in this Agreement, "Retail Office" shall mean an office which provides services directly to consumers (i.e., financial institutions, real estate agencies, stock brokerages, title company and escrow offices, travel and insurance agencies, and medical, dental and legal clinics). Without the prior written consent of the Approving Owners (which consent may be granted or withheld in the sole and absolute discretion of the Approving Owners), the following restrictions shall apply: (i) the only offices which may be permitted within the Developer Tract are Retail Offices; provided however, not more than 7,500 square feet of Floor Area in the building in -line with the building on the Kohl's Tract closest to Minkler Boulevard may be exempted from this restriction; (ii) not more than twenty -five percent of the total Floor Area on the Developer Tract may be used for Retail Offices; and (iii) no Retail Office Occupant within the Developer Tract shall occupy more than 15,000 square feet of Floor Area. G:\shareUogallStores \WA \Tukwila \REA 07 i706a.DOC Page 26 • • The incidental use of office space used by an Occupant for administrative purposes shall not be considered office use for the purpose of this Section 5.1(b). (c) Without the prior written consent of the Approving Owners, the following shall not be allowed to operate in the Shopping Center or Common Area, except as otherwise permitted in this Agreement: traveling carnivals, fairs, auctions, shows, kiosks (except that kiosks shall be permitted on the sidewalks in front of Buildings N and Buildings S), booths for the sale of fireworks, sales by transient merchants using vehicles or booths and other promotions of any nature. Except as otherwise permitted in this Agreement, if unauthorized Persons, including without limitation tenants or invitees of tenants occupying Buildings now or at any future time located in the Shopping Center, use the parking area for other than temporary parking by customers while shopping in the Shopping Center, each Owner of a Tract shall at its sole expense, upon written request by another Owner(s), take whatever commercially reasonable action as shall be necessary to prevent said unauthorized use. (d) The following restrictions shall apply to the Developer Tract: (i) No Restaurant shall be located on the Developer Tract within 200 feet of the Building Area on the Kohl's Tract. (ii) No portion of the Developer Tract shall be used as a department store or for any business consisting of more than 40,000 square feet of Floor Area of which more than 20,000 square feef of the Floor Area of such business is devoted to sale of apparel except Nordstrom Rack and its successors and assigns or comparable store (but not exceeding in the aggregate 40,000 square feet of such uses). For purposes of clause (ii) above, one -half of the aisle space adjacent to any shelving or display case used for the display of apparel shall be included in calculating Floor Area. (e) No oil development operations, oil refining, quarrying or mining operations of any kind shall be permitted upon or in any portion of the Tracts, nor shall oil wells, tanks, tunnels, or mineral excavation or shafts be permitted upon the surface of any portion of the Tracts, or within 500 feet below the surface of any of the Tracts. No derrick or other structure designed for use in boring for water, oil, natural gas or other minerals shall be erected, maintained or permitted on any portion of the Shopping Center. G:\ share \legal\Stores \WA \Tukwila\REA 071706a.DOC Page 27 • (f) Except as provided in Section 4.5(a) hereof, no merchandise, equipment or services, including but not limited to vending machines, promotional devices and similar items, shall be displayed, offered for sale or lease, or stored within the Common Area; provided, however, sidewalk displays and sales of merchandise, including without limitation, food sales, food bars and outdoor seating for Restaurants and /or other food service businesses on the sidewalks of the Shopping Center shall be permitted; provided, however, such displays and sales of merchandise by all Occupants of the Shopping Center, including Kohl's, shall be subject to the following restrictions: (i) the Occupants conducting such displays and sales must conduct similar displays and sales in the ordinary course of business at their other locations, if any; (ii) such displays and sales shall not unreasonably interfere with the pedestrian traffic upon the sidewalk areas; (iii) all such displays or sales shall be maintained in a neat, clean and orderly condition; (iv) there shall be no exterior signs or banners relating solely to such displays or sales except for normal and customary signs identifying goods and prices and except for temporary promotional signs or banners which are professionally prepared; (v) all displays and sales shall be conducted on the sidewalk contiguous to the Occupant's premises and in compliance with all applicable Governmental Regulations; (vi) no items displayed on the Developer Tract shall be closer than 75 feet from the boundary of the Kohl's Tract; (vii) such displays and sales shall be primarily seasonal in nature or general merchandise; (viii) there shall be no displays of sheds, portable buildings, playground equipment or yard equipment; (ix) no such display shall include any commodity building material such as, without limitation, sand, gravel, lumber, or related similar items; (x) such displayed items shall not occupy more than 60 percent of the linear frontage of the sidewalk adjoining the Building of such Occupant and more than 50 percent of the depth of such sidewalk; (xi) such displays and sales shall not be permitted to be conducted more than two times a year nor for more than five days at a time; (xii) all merchandise shall be moved indoors during non - business hours; and G-1 share llegat\Stares \WA \Tukwila\REA 071706a.DOC Page 28 • • (xiii) such displays and sales shall not be permitted in the two -week period immediately preceding Easter Sunday or during the months of October, November and December. Notwithstanding the foregoing, the restrictions set forth in clauses (vii), (xi), (xii) and (xiii) above shall not apply to any outdoor seating for Restaurants and /or other food service businesses. (9) following: G:\. share llegal'Stores \WA \Tukwila\REA 071706a.DOC Page 29 The provisions of Section 5.1(f) hereof shall not be applicable to the (i) the temporary storage of shopping carts in cart corrals; (ii) any recycling center required by law, the location of which shall be subject to the approval of the Approving Owners; and (iii) trash enclosures designated on the Approved Plans. (h) The name "Kohl's" shall not be used to identify the Shopping Center or any business or trade conducted on the Developer Tract. Until the Approving Owners agree upon a name change, the Shopping Center shall be called Southcenter Square. (i) This Agreement is not intended to, and does not, create or impose any obligation on an Owner to operate, continuously operate, or cause to be operated a business or any particular business in the Shopping Center or on any Tract. 5.2. Proprietary Rights of Kohl's. Any Owner, Occupant, or Person owning, leasing or otherwise making use of any portion of the Shopping Center shall be deemed, by virtue of accepting such ownership, leasehold interest or making such use, to have covenanted and agreed that (i) the trade names, trademarks, service marks (including, without limitation, all logos, emblems, designs or designating words or names) used by Kohl's in connection with the Shopping Center or the conduct of its business thereat are registered and /or the proprietary property of Kohl's or its affiliates, (ii) except as provided herein, no usage of those marks or names will be made in naming or referring to any activity within or without the Shopping Center and (iii) no usage of such marks or names shall be made without the prior written consent of Kohl's and Kohl's legal counsel, Kohl's reserves the right to require any person or entity to whom it may grant a written right to use a given name or mark to enter into a formal written license agreement with Kohl's and to charge a fee or royalty therefor. 5.3. Hazardous Materials. No Owner shall use or permit the use of Hazardous Materials (as hereinafter defined) on, about, under or in its Tract, or the Shopping Center, except in the ordinary course of its usual business operations conducted thereon, and any such use shall at all times be in compliance with all Environmental Laws (as hereinafter defined). Each Owner shall indemnify, defend, protect and hold harmless the other Owners from and against all Claims, including, but not limited to, costs of investigation, litigation and remedial response arising out of any Hazardous Materials used or permitted to be used by such Owner, whether or not in the ordinary course of business. "Hazardous Materials" shall mean petroleum products, asbestos, polychlorinated biphenyls, radioactive materials and all other dangerous, toxic or hazardous pollutants, contaminants, chemicals, materials or substances listed or • identified in, or regulated by, any Environmental Law. "Environmental Laws" shall mean all Laws which relate to or deal with human health or the environment, all as may be amended from time to time. ARTICLE 6 MAINTENANCE STANDARDS 6.1. Maintenance Obligations. Each Owner, at such Owner's own expense, shall maintain, or cause to be maintained, the Common Area on its Tract in a safe and attractive condition and in a good state of repair. The unimproved Common Area shall be mowed and kept litter -free. The minimum standard of maintenance for the improved Common Area shall be comparable to the standard of maintenance followed in other first -class retail developments of comparable size in the metropolitan area in which the Shopping Center is located; notwithstanding the foregoing, however, the Common Area shall be operated, maintained and repaired in compliance with all applicable Governmental Regulations and with the provisions of this Agreement. All Common Area improvements shall be repaired or replaced with materials of a quality which is at least equal to the quality of the materials being repaired or replaced so as to maintain the architectural and aesthetic harmony and integration of the Shopping Center as a whole. The maintenance and repair obligation shall include, but shall not be limited to, the following: (a) Maintaining, repairing and resurfacing, when necessary, all paved surfaces in a level, smooth and evenly covered condition with the type of surfacing material originally installed or such substitute as shall in all respects be equal or superior in quality, use and durability; and restriping, when necessary, to maintain clearly visible parking stall and traffic control lines; (b) removing all papers, debris, filth, refuse, ice and snow, including periodic vacuuming and broom sweeping to the extent necessary to keep the Common Area in a first - class, clean and orderly condition (snow shall be plowed as soon as a two -inch accumulation occurs and replowed as necessary to maintain less than a two -inch accumulation at all times; upon cessation of the snowfall, the Common Area shall be plowed to the paved surface); (c) Placing, painting, maintaining, repairing, replacing and repainting, as and when necessary, all directional signs, markers, striping and pedestrian crossings upon or within the Common Area; (d) Maintaining, repairing and replacing, when necessary, traffic directional signs, markers and lines, and all informational signs such as "Handicapped Parking ", in good repair and condition; (e) Operating, maintaining, repairing and replacing, when necessary, such artificial lighting facilities as shall be reasonably required, including, but not limited to, poles, pole bases, wiring, lamps, ballasts, lenses, photocells, time clocks, and contacts. Each Owner shall maintain and provide electricity to all lighting fixtures attached to its respective Building(s) at its sole cost and expense; G:\ share \1egal\Stores\WA \Tukwila\REA 07 1706a.DOC Page 30 (j) hereof; • • (f) Maintaining and watering all landscaped areas; maintaining, repairing and replacing, when necessary, automatic sprinkler systems and water lines; replacing shrubs and other landscaping as necessary; (g) Maintaining, repairing and replacing, when necessary, all Common Area walls (including, without limitation, all fences, walls or barricades constructed pursuant to Section 4.4 above); (h) Maintaining, repairing and replacing, when necessary, all Common Area storm drains, sewers, lift stations and other Utility Lines not dedicated to the public or conveyed to any public or private utility which are necessary for the operation of the Buildings and improvements located in the Shopping Center; (1) Performing itself or contracting with a competent third party or parties to perform any of the services described herein; Maintaining commercial general liability insurance as set forth in Article 8 (k) Supervising traffic at entrances and exits to the Shopping Center and within the Shopping Center if necessary as conditions reasonably require in order to maintain an orderly and proper traffic flow; and (1) Keeping the Common Area and all common Utility Lines free from any obstructions including those caused by the sale or display of merchandise, unless such obstruction is permitted under the provisions of this Agreement. Notwithstanding the foregoing, the Owners of the Developer Tract and the Kohl's Tract shall share the expense of maintenance of the storm water detention facility as provided elsewhere in this Agreement. The Owners of each Tract shall reasonably coordinate their parking lot striping and resealing work. In January of each year, each Owner will inform the other Owner of any plans to stripe or reseal its parking lot during that calendar year. This shall not be deemed a covenant to so stripe or reseal during a particular year and such communication is only intended to be informational. 6.2. Kohl's Contribution. The Owner of the Kohl's Tract shall contribute the sum of $4,000 in Constant Dollars per year (the "Kohl's Contribution ") to offset the cost of operating, maintaining, repairing and insuring the Utility Lines, including but not limited to, the underground retention and detention systems which benefit the Kohl's Tract. The Kohl's Contribution shall be due and payable to the Owner of the Developer Tract in advance on or before January 15 of each calendar year. 6.3. Maintenance Director. Subject to the mutual agreement of the Owners, a third party may be appointed as an agent of the Owners to maintain the Common Area in the manner as above outlined. Said third party may receive for such agency a fee that is mutually acceptable to all Owners to cover supervision, management, accounting and similar fees, which G:\sharellcgal \Stores \WA \Tukwila\REA 071706a.DOC Page 31 sums are to be included in the general maintenance expense paid by the respective owners of the Common Area. 7.1. General Requirements. After completion of the Common Area lighting system on its Tract, each Owner hereby covenants and agrees to keep its Tract fully illuminated each day from dusk to at least 10:30 p.m. (8:30 p.m. on Sundays) unless the Approving Owners agree upon a different time. Each Owner further agrees to keep any exterior Building security lights on from dusk until dawn. During the term of this Agreement, each Owner grants an irrevocable license to each other Owner for the purpose of permitting the lighting from one Tract to incidentally shine on the adjoining Tracts. Unless otherwise approved in writing by the Approving Owners, the fighting system shall use a lamp source of metal halide and, subject contrary government regulations, shall be designed to produce a minimum maintained lighting intensity measured at grade at all points of at least: (a) five foot - candles at curb in front of the entrance to any Building. (b) two foot - candles at entry drives to the Shopping Center. (c) . two foot - candles in the general parking areas. (d) one foot - candle at the perimeter of the parking areas. Each Owner may elect to control the lighting system located on its Tract. The type and design of the Common Area light standards shall be of the type and design of those installed on the Kohl's Tract. 7.2. Additional Lighting. It is recognized that one or more Occupants (each, a "Late Night User ") may wish to be open for business at different hours from other businesses in the Shopping Center, and may wish to have the Common Areas illuminated beyond the hours described in Section 7.1. Each Late Night User shall have the right, at any time and from time to time, to require the Owners to keep the lights in all or part of the Common Areas illuminated until such later hours as the Late Night User shall designate by notice to the Owners. if only one Occupant in the Shopping Center makes such a request for a particular date, such Occupant shall pay 100 percent of the cost (the "Late Night Lighting Cost ") of electric power for the extra hours of illumination. If other Occupants are also open for business during all or part of such extended hours, then the Late Night Lighting Costs shall be equitably allocated among such Late Night Users, as reasonably determined by the Consenting Owners, based on the relative Floor Area of each Late Night User, and their respective hours of operation beyond the Closing Time. From time to time upon the Late Night User's request, each Owner shall furnish such Late Night User with such reasonable supporting information as such Late Night User may reasonably require in order to verify the Owners' manner of calculating the Late Night Lighting Costs, and the allocation of the Late Night Lighting Costs among the Late Night Users. Any request by a Late Night User for additional lighting may be withdrawn or terminated at any time, and a new request or a request for different hours of illumination may be made, by notice to the Owners. Gashare legal\Stores \WA \Tukwila\REA 071706a.DOC Page 32 • 1 ARTICLE 7 LIGHTING Q:\thare\legal \Stores \WA \Tukwila\REA 071706a.DOC Page 33 • • ARTICLE 8 INSURANCE AND INDEMNITY 8.1. Liability Insurance. (a) Each Owner shall maintain or cause to be maintained commercial general liability insurance with broad form coverage insuring against claims on account of bodily injury or death, personal and advertising injury, and property damage ordestruction (i.e., exclusions for liability assumed under contract must be deleted) that may arise from, or be related to (i) the conduct of the Owner and /or Occupants, or (ii) the condition, use or occupancy of each Owner's Tract (the "Owner's Liability Insurance "). The Owner's Liability insurance shall have a combined single limit of liability of not less than $5,000,000.00 in Constant Dollars for bodily injury, personal injury and property damage arising out of any one occurrence and shall be written on an "occurrence" basis form and not on a "claims made" form. The other Owners shall be "additional insureds" under the policies of the Owner's Liability Insurance as same applies to the insuring Owner's Tract. (b) The following provisions shall apply to the Owner's Liability Insurance: (i) the policy may not be canceled or reduced in amount or coverage below the requirements of this Agreement, without at least 30 days' prior written notice by the insurer to each insured and additional insured; (ii) the policy shall provide for severability of interests; (iii) the policy shall provide that an act or omission of one of the insureds or additional insureds which would void or otherwise reduce coverage shall not reduce or void the coverage as to the other insureds; and (iv) the policy shall provide for contractual liability coverage with respect to the indemnity obligations set forth in this Agreement. (c) Each Owner agrees to furnish to any other Owner requesting same evidence that: (i) such insurance is in full force and effect; (ii) the premiums have been paid in full; and (iii) the appropriate parties are designated as additional insureds. The Owners agree that such evidence being readily available on the Internet shall be a satisfactory method of delivering such evidence. (d) If the use of a Tract includes the sale of alcoholic beverages, the Owner's Liability Insurance shall include coverage for employer's liability, host liquor liability, liquor liability and so- called "dram shop" liability coverage with a combined single limit of not less than $3,000,000.00 in Constant Dollars per occurrence. If an Owner has fuel facilities on its Tract, then such Owner shall also maintain pollution liability insurance. • 8.2. Insurance Coverage During Construction. (a) Prior to commencing any construction activities within the Shopping Center, each Owner or Occupant shall obtain or require its contractor to obtain and thereafter maintain, so Tong as such construction activity is occurring, at least the minimum insurance coverages set forth below: (1) Workers' compensation and employer's liability insurance: (A) Worker's compensation insurance as required by any applicable law or regulation. ( Employer's liability insurance in the amount of $1,000,000,00 in Constant Dollars each accident for bodily injury, $1,000,000,00 in Constant Dollars policy limit for bodily injury by disease, and $1,000,000.00 in Constant Dollars each employee for bodily injury by disease. (ii) General liability insurance: Commercial General Liability insurance covering all operations by or on behalf of the general contractor, which shall include the following minimum limits of liability and coverages: O :\ share\ egal\Stores \WA \Tukwila\REA 071706a.DOC Page 34 (A) Required coverages: (1) Premises and Operations; (2) Products and Completed Operations; (3) Contractual Liability insuring the indemnity obligations assumed by contractor under the contract documents; (4) Broad _ Form Property Damage (including Completed Operations); Explosion, Collapse and Underground Hazards; and (6) Personal Injury Liability (B) Minimum limits of liability: (1) $2,000,000.00 in Constant Dollars per occurrence; (2) $5,000,000.00 in Constant Dollars aggregate for Products and Completed Operations (which shall be maintained for a three -year period following final completion of the work); and (5) • • (3) $5,000,000.00 in Constant Dollars general aggregate applied separately to the Shopping Center. (iii) Automobile Liability Insurance: Automobile liability insurance (bodily injury and property damage liability) including coverage for owned, hired, and non -owned automobiles, with limits of liability of not less than $1,000,000.00 in Constant Dollars combined single limit each accident for bodily injury and property damage combined. The general contractor shall require each of its subcontractors to include in their liability insurance policies coverage for automobile contractual liability. (iv) Umbrella /Excess Liability Insurance: The general contractor shall also carry umbrella /excess liability insurance in the amount of $5,000,000.00 in Constant Dollars. If there is no per project aggregate under the Commercial General Liability policy, the limit shall be $10,000,000.00 in Constant Dollars, If Developer elects to act as its own general contractor, insurance provisions of this Article shall be deemed satisfied by insurance in qualifying amounts maintained by the Developer and shall not be applicable to subcontractors engaged by Developer. (b) If the construction activity involves the use of another Owner's Tract, the Owner of such other Tract shall be added as an additional insured and such insurance shall provide that the insurance shall not be canceled, or reduced in amount or coverage below the requirements of this Agreement without at least 30 days' prior written notice to the insureds and each additional insured. If such insurance is canceled or expires, the constructing Owner shall immediately stop all work on or use of the other Owner's Tract until either the required insurance is reinstated or replacement insurance obtained. The general contractor shall supply each Owner with certificate(s) of insurance with respect to all insurance required by this Section 8.2. 8.3. Property Insurance. To assure performance of their respective obligations under Section 9.2 hereof and Section . 9.3 hereof, the Owners of the respective Tracts shall cause to be carried special form property insurance in an amount not less than the full insurable replacement cost (excluding footings, foundations or excavations) of all Buildings and other Improvements (including Common Area Improvements) on their respective Tracts (the "Owner's Property Insurance "). 8.4 Insurance Requirements. (a) The Owner's Liability Insurance and the Owner's Property Insurance shall be carried by an insurance company or companies qualified to do business in the State in which the Shopping Center is located with a Best's Key Rating Guide Property /Casualty (United States) rating of at least A- and a financial rating of VIII or better (or a comparable standard under an international rating system). (b) The insurance referenced in this Article 8 may be provided under (i) an individual policy specifically covering such Owner's Tract, (ii) a blanket policy or policies which includes other liabilities, properties and locations of such Owner; so long as the G:\share legal \Stores \WA \Tukwila\REA 07 1 706a.DOC Page 35 PROPOSED SIGNAL MULTI— TENANT MONUMENT SIGN EXISTING SIGNAL milimmimmimmIN 'e1I1Av wi r0a.,4 g ��'IlIllllltt ,. i1 ► m , 41 L ∎11irf `` I� i ..:a O ULTI— TENANT MONUMENT SIGN S. 172nd Street EXHIBIT B REA MINKLER BOULEVARD LEGEND —•••• Kohl's Tract - - -- Developer Tract EMI Building Areas Staging Area Permanent Drive r, r (0 KOHL'S Ear. Department. Slam, lea N88 TI7000 Rly..o d DAY/ Yanomom. F.19 91 83001 •LIVIODUC•011•■ YAM. /AMU IS 00.071. 0•11•31.1r warm mem or 4.4.1. OKIVATNIMI AKSISAYLO .1.1I 4 GRAPHIC SCALE I" _ 60' REQUIRED SHEET SIZE: 24" X 36" PROJECT 980 DATE 08 -12 -0] DRAWN BY SO SHEET NO. 1 OF 2 PROPOSED SIGNAL MULTI — TENANT MONUMENT SIGN EXISTING SIGNAL ULTI — TENANT MONUMENT SIGN LEGEND S. 172nd Street EXHIBIT B REA Pedestrian Access Kohl's Protected Area MINKLER BOULEVARD KOHLS Kohre Department Rtoree, No. 1160 1117000 Ridgewood !Mee Menomonee Fells, WI 63061 TIM IMMO 131 IlleF MONTY L. WM. 1.0111•11.1.1910.11 MOM= GRAPHIC SCALE • ••• so uir 1" n 60' REQUIRED SHEET SIZE: 24" X 38" PROJECT 980 UAIE 00 -12 -03 DRAWN BY 09 SWEET NO. 2 OF 2 G:1share\legat \Stores \WA1Tukwita\REA 071706a.DOC Page 36 • • amount and coverage of insurance required to be carried hereunder is not diminished, (iii) a plan of self - insurance satisfying the criteria set forth in Section 8.4(c) below, or (iv) a combination of any of the foregoing insurance programs. To the extent any deductible is permitted or allowed as a part of any insurance .policy carried by an Owner in compliance with this Article 8, such Owner shall be deemed to be covering the amount thereof under an informal plan of self - insurance; provided, however, that in no event shall any deductible exceed $50,000.00 in Constant Dollars unless such Owner complies with the requirements regarding self- insurance pursuant to Section 8.4(c) below. (c) Any insurance required to be maintained by an Approving Owner may be maintained in whole or in part either under a plan of self- insurance, or from a carrier which specializes in providing coverage to or for such Approving Owner or its affiliates, or firms in the same or related businesses if such Approving Owner's net worth exceeds $250,000,000.00 in Constant Dollars as shown in its most recent audited financial statement, or if such Approving Owner's financial statements are reported on a consolidated basis with a parent corporation, then as certified by an officer of such Approving Owner. An Approving Owner shall be permitted to have an Affiliate provide the insurance required hereunder if such Affiliate agrees in writing that its program is applicable_ to such Approving Owner and that it guarantees performance of such Approving Owner's insurance obligations under this Agreement; provided, however, such Affiliate may undertake the self - insurance obligation only if it satisfies the financial criteria requirement. An "Affiliate" shall mean an entity owning at least 50 percent interest in the Approving Owner. 8.5. Waiver of Subrogation. The Owners and Occupants each hereby waive any rights one may have against the other on account of any loss or damage occurring to an individual Owner or Occupant, or its respective property, either real or personal, arising from any risk generally covered by the Owner's Property Insurance, from any risk covered by standard forms of special form property insurance policies then in effect and from any risk covered by any other property insurance which is actually carried by said Owner or Occupant. Said Owners and Occupants, shall use reasonable efforts to obtain, if needed, appropriate endorsements to the Owner's Property Insurance with respect to the foregoing waiver; provided, however, that failure to obtain such endorsements shall not affect the waiver hereinabove given. In addition, said Owners and Occupants shall cause the insurance companies issuing the Owner's Property Insurance to waive any right of subrogation that said insurance companies may have against the Owners and Occupants. It is the intent of the parties that with respect to any loss from a peril required to be covered under a policy of Owner's Property Insurance, the parties shall look solely to their respective insurance company for recovery. The foregoing waivers of subrogation shall be operative only so long as available in the state where the Shopping Center is situated, and provided further that no policy of insurance is invalidated thereby. 8.6. Indemnification by Owners. Subject to the provisions of Section 8.5 hereof regarding waiver of subrogation with respect to damage to property, each Owner shall defend, indemnify, protect and hold the other Owners and Occupants harmless for, from and against any and all Claims in connection with the loss of life, personal injury and /or damage to property (1) arising from or out of any occurrence in or upon the indemnifying Owner's Tract, including an Owner's or Occupant's own negligence; (ii) occasioned wholly by any negligent or willful act or • • omission of the indemnifying Owner, its Occupants or their respective its agents, contractors, servants or employees; or (iii) in connection with the failure to comply with the provisions of this Agreement. If an Approving Owner shall, without fault, be made a party to any litigation commenced by or against the Owner or Occupants of another Tract, or if an Approving Owner shall, in its reasonable discretion, determine that it must intervene in such litigation to protect its interest hereunder, the indemnifying Owner shall defend such Approving Owner and shall pay all costs, expenses and reasonable attorneys' fees and costs in connection with such litigation. An Approving Owner shall have the right to engage its own attorneys in connection with any of the provisions of this Section 8.6 or any of the provisions of this Agreement, including, but not limited to, any defense of or intervention by such Approving Owner, notwithstanding any contrary provisions of the laws or court decisions of the state in which the Shopping Center is located, PROPERTY DAMAGE AND EMINENT DOMAIN 9.1. Maintenance of Buildings and Service Areas. After completion of construction, each Owner shall maintain and keep the exterior portion_of the Buildings, if any, and the Service Areas, if any, located on its Tract in first -class condition and state of repair, in compliance with all applicable Governmental Regulations, and in compliance with the provisions of this Agreement. Each Owner shall store all trash and garbage in adequate containers, to locate such containers so that they are not readily visible from the parking area, and to arrange for regular removal of such trash or garbage, 9.2 Damage to Buildings. (a) If any of the Buildings are damaged by fire or other casualty (whether insured or not), the Owner upon whose Tract such Building is located shall, subject to Governmental Regulations and /or insurance adjustment delays, promptly remove the debris resulting from such event and provide a sightly barrier, and within a reasonable time thereafter shall perform one of the following alternatives: (1) such Owner shall repair or restore the Building so damaged to a condition and an architectural style existing immediately prior to the damage or destruction, such repair or restoration to be performed in accordance with all applicable provisions of this Agreement; such Owner shall erect another Building in such location, such construction to be performed in accordance with all applicable ,provisions of this Agreement, including, without limitation, the approval process set forth in this Agreement; or (iii) such Owner shall demolish the damaged portion and /or the balance of such Building, fill any excavation, and perform any other work necessary to put such portion of the Shopping Center in a clean, sightly and safe condition. G:\ share \Iegal\Stores \WA \Tukwila\REA 07 1706a.DOC Page 37 ARTICLE 9 G:lsharellegat \Stores \WA \Tukwila\1.EA 071706a.DOC Page 38 • • Within 90 days from the date of the casualty, such Owner shall give notice to each other Owner of which alternative it elects. (b) All Building Areas on which Buildings are not reconstructed following a casualty or Taking (as hereinafter defined) shall be (i) graded or caused to be graded by the Owner thereof to the level of the adjoining property and in such a manner as not to adversely affect the drainage of the Shopping Center or any portion thereof, (ii) covered by decomposed granite, gravel, sod, hydroseed or as otherwise permitted by Governmental Regulations, and (iii) kept weed free and clean at the subject Owner's sole cost and expense until such time as Buildings are reconstructed thereon. (c) During any period of rebuilding, repairing, replacement or reconstruction of a Building, the Floor Area of that Building shall be deemed to be the same as existed immediately prior to that period. Upon completion of such rebuilding, repairing, replacement or reconstruction, the Owner upon whose Tract such Building is located shall cause a new determination of Floor Area for such Building to be made in the manner described above, and such determination shall be sent to any Owner requesting the same. (d) The provisions of this section 9.2 shall not be deemed to modify the provisions of the Kohl's Lease as it relates to reconstruction following casualty damage. 9.3. Casualty Damage to Common Area. If any of the Common Area is damaged or destroyed by any cause whatsoever, whether insured or uninsured, during the term of this Agreement, the Owner upon whose Tract such Common Area is located shall repair or restore such Common Area at its sole cost and expense with all due diligence. Except to the extent limited by Section 8.5 hereof, if such damage or destruction of Common Area is caused wholly by the negligent or willful act of another Owner, Occupant or third Person, the Owner obligated to make such repair or restoration reserves and retains the right to proceed against such other Owner or third Person for indemnity, contribution or damages. 9.4. Eminent Domain. If the whole or any part of the Shopping Center shall be taken or damaged by right of eminent domain or any similar authority of law or any transfer in lieu thereof (a "Taking "), the entire award for the value of the land and improvements so taken shall belong to the Owner of the Tract so taken or to such Owner's Mortgagees or the fee owner of the Tract if the Owner is a Prime Lessee; provided the non -fee Owner or any Owner of a Tract which is not the subject of a Taking may assert a claim against the condemning authority on account of such Taking so long as such claim would be separately awarded and does not reduce the fee Owner's award. In the event of a partial Taking, the Owner of the portion of the Shopping Center so taken shall restore the improvements located on the Common Area of the Owner's Tract as nearly as possible to the condition existing prior to the Taking to insure the continued ingress /egress to, from and between all areas of the Shopping Center to the extent reasonably feasible, without contribution from any other Owner. 10.1. Taxes and Assessments. (a) Each Owner shall pay, or cause to be paid, prior to delinquency, all taxes and assessments with respect to its Tract, the Building and other improvements located thereon, and any personal property owned or leased by such Owner in the Shopping Center; provided, however, if the taxes or assessments or any part thereof may be paid in installments, the Owner responsible therefor may pay each such installment as and when the same becomes due and payable. Nothing contained in this section shall prevent any Owner from contesting at its cost and expense any such taxes and assessments with respect to its Tract in any manner such Owner elects, so Tong as such contest is maintained with reasonable diligence and in good faith. At the time as such contest is concluded (allowing for appeal to the highest appellate court), the contesting Owner shall promptly pay all such taxes and assessments determined to be owing, together with all interest, penalties and costs thereon. (b) If a tax parcel covers more than a single Tract, each Owner owning a Tract within the larger tax parcel shall be responsible for the payment of its proportionate share of the tax bills for the larger tax parcel on or before the due date therefor. Unless the Owners within the larger tax parcel agree otherwise, each Owner's proportionate share of the tax bill for the larger tax parcel shall be determined by dividing the square footage of the portion of such Owner's Tract within the larger tax parcel by the square footage of the larger tax parcel provided, however, if Buildings have been constructed on the larger tax parcel, the taxes assessed upon the Buildings shall be allocated on the basis of the Floor Area of such Buildings. At the request of any Owner owning a Tract within the larger tax parcel, the Owners owning Tracts within the larger tax parcel shall petition the appropriate governmental authority to create separate tax parcels for each of the Tracts affected thereby. DEFAULT 11.1. Default. The occurrence of any one or more of the following events shall constitute a material default and breach of this Agreement by the non - performing Owner (the "Defaulting Owner "): (a) The failure to make any payment required to be made under this Agreement within ten clays after the Defaulting Owner has received notice of its failure to make such payment on or before the due date therefor; or (b) The failure to observe or perform any of the covenants, conditions or obligations of this Agreement, other than as described in (a) above, within 30 days after the issuance of a notice by another Owner (the "Non- Defaulting Owner ") specifying the nature of the default claimed; provided, however if such matter is not susceptible of being cured within 30 days, the cure period shall be extended for a reasonable period of G:\share \legal \Stores \WA \Tukwila \REA 071706a.DOC Page 39 • • ARTICLE 10 PAYMENT OF TAXES ARTICLE 11 time provided the Defaulting Owner commences the cure within said 30 -day period and thereafter diligently prosecutes the cure to completion. • Each Owner shall be responsible for the default of its Occupants. 11.2. Right to Cure. (a) With respect to any default under Section 11.1, any Curing Owner (as hereinafter defined) shall have the right, but not the obligation, to cure such default by the payment of money or the performance of some other action for the account of and at the expense of the Defaulting Owner; provided, however, if an event that would become a default under Section 11,1(b) with the passage of time shall constitute an emergency condition, the Curing Owner acting in good faith, shall have the right to cure such event prior to the passage of the time period set forth in Section 11.1(b). (b) If any Curing Owner shall cure a default, the Defaulting Owner shall reimburse the Curing Owner for all costs and expenses reasonably incurred in connection with such curative action, plus interest thereon at the Interest Rate, within ten (10) days after receipt of an invoice from such Curing Owner, together with reasonable documentation supporting the expenditures made. Furthermore, the Curing Owner shall have the right, if such invoice is not paid within said ten -day period, to record a lien on the Tract of the Defaulting Owner for the amount of the unpaid costs incurred by the Curing Owner pursuant to this Section 11.2. (c) To effectuate any such cure, a Curing Owner shall have the right to enter upon the Tract of the Defaulting Owner (but not into any Building) to perform any necessary work or furnish any necessary materials or services to cure the default of the Defaulting Owner. (d) As used in this Section 11.2, the term "Curing Owner" shall refer to an Approving Owner that issued a notice of default pursuant to Section 11.1 hereof. 11.3. Remedies Cumulative. (a) Each Non - Defaulting Owner shall have the right to prosecute any proceedings at law or in equity against any Defaulting Owner hereto, or any other Person violating or attempting to violate or default upon any of the provisions contained in this Agreement, and to recover damages for any such violation or default. (b) In the event of any violation or threatened violation by any Person of any of the easements, restrictions or other terms' of this Agreement, any or all of the Owners and Prime Lessees of the property included within the Shopping Center shall have the right to enjoin such violation or threatened violation in a court of competent jurisdiction. (c) All of the remedies permitted or available to an Owner under this Agreement or at law or in equity shall be cumulative and not alternative, and invocation of any such right or remedy shall not constitute a waiver or election of remedies with respect to any other permitted or available right or remedy. G:\ share \Jegal\Stores \WAtTukwilatREA 071706a.DOC Page 40 • • (d) In all situations arising out of this Agreement, all Owners shall attempt to avoid and mitigate the damages resulting from the conduct of any other Owner. Each Owner shall take all reasonable measures to effectuate the provisions of this Agreement. 11.4. Attorneys' Fees. If any Person initiates or defends any legal action or proceeding to enforce or interpret any of the terms of this Agreement, the prevailing party in any such action or proceeding shall be entitled to recover from the non - prevailing party in any such action or proceeding its reasonable costs and attorneys' fees (including its reasonable costs and attorneys' fees on any appeal). All such costs and attorneys' fees shall be deemed to have accrued on commencement of any legal action or proceeding and shall be enforceable whether or not such legal action or proceeding is prosecuted to judgment. ARTICLE 12 LIEN FOR EXPENSES OR TAXES 12.1. Effectiveness of Lien, The liens provided for in Section 11.2 above shall only be effective when filed as a claim of lien against the Defaulting Owner in the official real estate records of the County of the State in which the Shopping Center is located by the Owner making the claim. The claim of lien shall include the following: (a) The name of the lien claimant; (b) A statement concerning the basis for the claim of lien and identifying the lien claimant as the Non - Defaulting Owner; (c) An identification of the owner or reputed owner of the Tract or interest therein against which the lien is claimed; (d) A description of the Tract against which the lien is claimed; (e) A description of the work performed which has given rise to the claim of lien and a statement itemizing the amount thereof; and (fi) A statement that the lien is claimed pursuant to the provisions of this Agreement, reciting the date of recordation and the recorded document number (or book and page) hereof. The lien shall attach from the date a claim of a lien is recorded and may be enforced in any manner allowed by law, including, but not limited to, by suit in the nature ,of an action to foreclose a mortgage or mechanic's lien under the applicable provisions of the laws of the State in which the Shopping Center is located. The Owner who recorded the claim of lien shall release the claim of lien once the costs and expenses secured by the lien have been paid in full. G:' share\legaPStores \WA1Tukwila\REA 071706a.DOC Page 41 • • 12.2. Priority of Lien. The claim of lien, when so established against the real property described in the claim of lien, shall be prior and superior to any right, title, interest, lien or claim which may be or has been acquired or attached to such real property after the time of filing the claim of lien, and shall be subordinate to any right, title, interest, lien or claim which may be or has been acquired or attached to such real property prior to the time of filing the claim of lien. The claim of lien shall be for the use and benefit of the Person curing the default of the Owner in default ARTICLE 13 BINDING EFFECT 13.1. Successors and Assigns. This Agreement and the easements and restrictions created hereby shall inure to the benefit of and be binding upon the Owners, their heirs, personal representatives, Occupants, successors and assigns, and upon any Person acquiring a Tract, or any portion thereof, or any interest therein, whether by operation of law or otherwise. The holder of the Approving Owner position shall have the right to assign such position to any other Owner owning a Tract within the Developer Tract or the Kohl's Tract, as the case may be. If an Approving Owner fails to assign its Approving Owner position at the time of the transfer of the last Tract owned by such Approving Owner, then such Approving Owner position shall automatically be deemed assigned to the Owner acquiring the last Tract owned by the transferring Approving Owner. • 13.2. Limitation on Release. If any Owner sells all or any portion of its interest in any Tract, then the selling Owner shall execute and deliver to the Approving Owners a written statement stating the name and address of the new Owner, the effective date of the conveyance, the Tract conveyed, and, if applicable, the name of a new Owner who has taken the position of a Approving Owner as provided pursuant to the terms of this Agreement. Upon the delivery of such statement to the Approving Owners, the selling Owner shall thereupon be released and discharged from any and all obligations as Owner in connection with the property sold by it arising under this Agreement after the sale and conveyance of title but shall remain liable for all obligations arising under this Agreement prior to the sale and conveyance of title. The new Owner of any such Tract or any portion thereof (including, without limitation, any Owner who acquires its interest by foreclosure, trustee's sale or otherwise) shall be liable for all obligations arising under this Agreement with respect to such Tract or portion thereof after the date of sale and conveyance of title. Failure to deliver any such written statement shall not affect the running of any covenants herein with the land, nor shall such failure negate, modify or otherwise affect the liability of the new Owner pursuant to the provisions of this Agreement, but such failure shall constitute a default by conveying Owner resulting in continued liability hereunder. 13.3. Termination of Kohl's Lease. Notwithstanding anything to the contrary contained herein, upon the expiration of the term of the Kohl's Lease Or the earlier termination of the Kohl's Lease, the fee owner of the Kohl's Tract shall be deemed to be the Owner for the Kohl's Tract and the Approving Owner for the Kohl's Tract. The fee owner of the Kohl's Tract shall give the other Owners written notice of the expiration of the term of the Kohl's Lease or the earlier termination of the Kohl's Lease, but upon the expiration of the term of the Kohl's Lease or the earlier termination of the Kohl's Lease, Kohl's shall, irrespective of the delivery of such notice, be released and discharged from any and all obligations thereafter arising under this G: sharellegal \Stores \WA1Tukwila1R.EA 071706a.DOC Page 42 14,3. Duration. G:\ share legal \Stores\.WA\Tukwita\REA 071706a.DOC Page 43 • • Agreement as Owner of the Kohl's Tract; provided Kohl's shall remain responsible for all obligations which accrued prior to such expiration and shall be responsible to cause the Kohl's Tract to comply in all respects with this Agreement and the Kohl's Lease as of the date of such expiration. If at the time of the expiration of the term of the Kohl's Lease or the earlier termination of the Kohl's Lease, the fee owner of the Kohl's Tract is also the fee owner of the Developer Tract, this Agreement shall terminate at the election of such fee owner upon the recording of a declaration of the fee owner's election to so terminate. ARTICLE 14 MISCELLANEOUS 14.1. Covenants Run With the Land. The terms of this Agreement and each restriction and easement on each Tract shall be a burden on that Tract, shall be appurtenant to and for the benefit of the other Tracts and each part thereof, and shall run with the land. 14.2. No Public Dedication. Nothing contained in this Agreement shall be deemed to be a gift or dedication of any portion of the Shopping Center or of any Tract or portion thereof to the general public, or for any public use or purpose whatsoever, it being the intention of the parties that this Agreement shall be strictly limited to and for the purposes herein expressed. An • Owner shall have the right to close, if necessary, all or any portion of the Common Area on its Tract from time to time as may be necessary, in the opinion of such Owner, to prevent a dedication thereof, the accrual of any rights of the public therein or the acquisition of prescriptive rights by anyone. Before closing off any part of the Common Area as provided above, such Owner must give notice to the Approving Owners of its intention to do so and must coordinate such temporary closing with the activities of the other Owners so that no unreasonable interference with the operation of the Shopping Center occurs. (a) Except as otherwise provided herein, the term of this Agreement shall be for 65 years (the "Primary Period ") from the date hereof. Notwithstanding the foregoing, upon the expiration of the Primary Period, the term of this Agreement shall automatically renew for successive periods of ten years each (each such period being referred to as an "Extension Period ") if, at least 90 days prior to the date of expiration of the Primary Period or Extension Period then in effect, the Approving Owners deliver to the other Owners in the Shopping Center written notice of extension, in the absence of which this Agreement shall automatically expire at the end of the Primary Period or Extension Period then in effect. (b) Upon termination of this Agreement, all rights and privileges derived from and all duties and obligations created and imposed by the provisions of this Agreement shall terminate and have no further force or effect; provided, however, the following provisions shall be applicable: (i) the termination of this Agreement shall not limit or affect any remedy at law or in equity that an Owner may have against any other Owner with respect to any liability or obligation arising or to be performed under this Agreement prior to the date of such termination; G: lshare \legafStores \WA \Tukwila\REA 071706a.DOC Page 44 • • (ii) the easements referred to in Article 3 hereof which are specified as being perpetual or as continuing beyond the term of this Agreement (and the rights and duties related thereto) shall continue in full force and effect beyond the term of this Agreement, but notwithstanding anything to the contrary contained herein, each such easement shall terminate and be of no further force or effect at such time as such easement is abandoned, is terminated or is ceased to be used to serve a Building in the Shopping Center. 14.4. Modification and Termination. Notwithstanding the provisions of Section 14.5 hereof, this Agreement may not be amended or modified in any respect whatsoever or terminated, in whole or in part, except by a written agreement signed by all of the Approving Owners at the time of such amendment, modification or termination and the landlord under any Prime Lease at the time of such amendment, modification or termination, and such amendment, modification or termination shall be effective only when recorded in the official real estate records of the county and state where the Shopping Center is located; provided, however, (I) no such amendment shall impose any materially greater obligation on, or materially impair any right of, an Owner or its Tract without the consent of such Owner, and (ii) no amendment, modification or termination of this Agreement as provided herein shall adversely affect the rights of any senior Mortgagee unless such Mortgagee consents in writing to the amendment, modification or termination. Because the submission of a proposed amendment to the Owners is not an item of "consent" or "approval ", each Owner may consider any proposed amendment to this Agreement in its sole and absolute discretion without regard to reasonableness or timeliness. 14.5. Method of Approval. Whenever the consent or approval (collectively, an "approval ") of the Approving Owners is required under this Agreement, unanimous approval of the Approving Owners must be given. Unless otherwise provided in this Agreement, whenever approval is specifically required of an Owner pursuant to the express terms of this Agreement (or any Exhibit hereto), it shall not be unreasonably withheld, conditioned or delayed. Unless provision is made for a specific time period, approval or disapproval shall be given within 45 days after receipt of written request for approval, provided, however, for purposes of this Section 14.5, as between the Approving Owners, all references to "45 days" shall be deemed to be "30 days ". If an Owner neither approves nor disapproves within the required time period, then the Owner requesting approval shall have the right to send a second written request for approval. if such second request states on its face in all capital letters that failure to respond thereto within 15 days shall be deemed approval, then the failure to respond within such 15 -day period shall constitute the approval of the Owner from whom approval was requested. Except with respect to approvals which are deemed approved pursuant to the preceding sentence, all approvals (including conditional approvals) and disapprovals shall not be effective unless given or made in writing. If an Owner disapproves, the reasons therefor shall be stated in reasonable detail in writing. An Owner's approval of any act or request by another Owner shall not be deemed to waive or render unnecessary approval of any similar or subsequent acts or requests. The sole remedy of the Person seeking the approval if such approval is unreasonably withheld shall be an action for specific performance and the Approving Owners shall not be liable to such Person for damages. No exercise of any approval right shall subject an Approving Owner to liability for breach of any covenant of good faith and fair dealing otherwise implied by law to be part of this Agreement. G: lshare llegal4Stores1WA \TukwilaWEA 071706a.DOC Page 45 • • 14.6. Multiple Owners. If the Owner of a Tract is a Prime Lessee, said Prime Lessee is hereby appointed the entity to cast the vote or consent or give the consent for said Tract on behalf of the Owner thereof (except as otherwise required in Section 14.4) and is hereby granted all of the rights and remedies granted to the Owner of said Tract so long as it is the Prime Lessee of said Tract, anything in this Agreement to the contrary notwithstanding. 14.7. Estoppel Certificates. Any Owner may, at any time and from time to time, in connection with the sale or lease of the Owner's Tract, or in connection with the financing or refinancing of the Owner's Tract by bona fide mortgage, deed of trust or sale - leaseback made in good faith and for value, deliver written notice to the other Owners requesting such Owners to execute certificates certifying that to the best knowledge of the other Owners, (i) the requesting Owner is not in default in the performance of its obligations under this Agreement, or, if a default is alleged, specifically describing the nature and amount thereof, and (ii) confirming that this Agreement has not been amended (or, if so, identifying the amendments), and is in full force and effect. Each Owner shall execute and return such a certificate within 30 days after receipt of a request therefor. The Owners acknowledge that such certificates may be relied upon by transferees, mortgagees, deed of trust beneficiaries and leaseback lessors. Such statement shall act as a waiver of any claim by the Person furnishing it to the extent such claim is based upon facts contrary to those asserted in the statement and to the extent the claim is asserted against a bona fide encumbrancer or purchaser for value without knowledge of facts to the contrary of those contained in the statement and who has acted in reasonable reliance upon the statement. The issuance of an estoppel certificate shall in no event subject the Person furnishing it to any liability for the negligent or. inadvertent failure of such Person to disclose correct and /or relevant information (but it shall estop such person from making assertions contrary to those set forth in the certificate for the period covered by the certificate), nor shall such issuance be construed to waive any rights of the issuer to challenge acts committed by other Owners for which approval by the Approving Owners was required but not sought or obtained. 14.8. Breach Shall Not Permit Termination. It is expressly agreed that a breach of this Agreement shall not entitle any Owner to terminate this Agreement, but such limitation shall not affect in any manner any other rights or remedies which such Owner may have hereunder by reason of any breach of this Agreement. • Any breach of this Agreement shall not defeat or render invalid the lien of any mortgage or deed of trust made in good faith for value, but this Agreement shall be binding upon and be effective against any Owner whose title is acquired by foreclosure, trustee's sale or otherwise. 14.9. Notices. • (a) All notices given pursuant to this Agreement shall be in writing and shall be given by facsimile, by personal delivery, by United States mail or United States express mail postage or delivery charge prepaid, return receipt requested, or by an established express delivery service (such as Federal Express or United Parcel Service), sent to the person and address or facsimile number designated below or, in the absence of such designation, to the person and address shown on the then current real property tax rolls of the county in which the Shopping Center is located. The Owners expressly agree that notices given by attorneys on behalf of their client(s) in the manner provided in this subsection are effective and recognized notice pursuant to this Agreement. All notices to Developer and the owner of the Kohl's Tract shall be sent to the person and address set forth below: Developer: Kohl's: G:\share \legal \Stores \WA\Tukwita\REA 071706a.DOC Page 46 Wig Properties LLC -SS 4811 134 Place SE Bellevue, Washington 98006 Attn: Mr. Mon Wig Facsimile Number: (425)_865 -8648 Kohl's Department Stores, Inc. N56 W17000 Ridgewood Drive Menomonee Falls, Wisconsin 53051 Attention: Law Department Facsimile Number: (262) 703 -7274 The Person and address to which notices are to be given may be changed at any time by any Owner upon written notice to the other Owners. All notices given pursuant to this Agreement shall be deemed given upon receipt. (b) For the purpose of this Agreement, the term "receipt" shall mean the earlier of any of the following: (i) the date of delivery of the notice or other document to the address specified pursuant to subparagraph (a) above as shown on the return receipt, (ii) the date of actual receipt of the notice or other document by the person or entity specified pursuant to this Section, (iii) in the case of a facsimile, the date and time of receipt as shown on the confirmation of the facsimile transmission; (iv) in the case of refusal to accept delivery or inability to deliver the notice or other document, the earlier of (A) the date of the attempted delivery or refusal to accept delivery, (B) the date of the postmark on the return receipt, or (C) the date of receipt of notice of refusal or notice of non - delivery by the sending party. 14,10. Waiver. The failure of a Person to insist upon strict performance of any of the restrictions or other terms and provisions contained herein shall not be deemed a waiver of any rights or remedies that said Person may have, and shall not be deemed a waiver of any subsequent breach or default in the performance of any of the restrictions or other terms and provisions contained herein by the same or any other Person. 14.11. Severability. If any term or provision of this Agreement or the application of it to any person or circumstance shall to any extent be invalid or unenforceable, the remainder of • • this Agreement or the application of such term or provision to persons or circumstances, other than those as to which it is invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and shall be enforced to the extent permitted by law. 14.12. Not a Partnership. The provisions of this Agreement are not intended to create, nor shall they be in any way interpreted or construed to create, a joint venture, partnership, or any other similar relationship between the Owners. Each Owner shall be considered a separate party and no Owner shall have the right to act as agent for another, unless expressly authorized to do so herein or by separate written instrument signed by the Owner to be charged. 14.13. Captions and Headings. The captions and headings in this Agreement are for reference only and shall not be deemed to define or limit the scope or intent of any of the terms, covenants, conditions or agreements contained herein. 14.14. Interpretation. Whenever the context requires construing the provisions of this Agreement, the use of a gender shall include both genders, use of the singular shall include the plural, and the use of the plural shall include the singular. The word "including" shall be construed inclusively, and not in limitation, whether or not the words "without limitation" or "but not limited to" (or words of similar importance) are used with respect thereto. The provisions of this Agreement shall be construed as a whole and not strictly for or against any party. Unless otherwise provided, references to Articles and Sections refer to the Articles and Sections of this Ag reement. 14.15. Entire Agreement. This Agreement contains the entire agreement between the parties hereto and supersedes all prior agreements, oral or written, with respect to the easements, restrictions and other terms and conditions contained in this Agreement affecting the Tracts. The provisions of this Agreement shall be construed as a whole and not strictly for or against any party. 14.16. Joint and Several Obligations. If any Owner is composed of more than one person, the obligations of said party shall be joint and several. 14.17. Recordation. This Agreement shall be recorded in the official real estate records of the County in which the Shopping Center is located. 14.18. Mortgagee Protection. This Agreement and the easements and restrictions established hereby with respect to each Owner and Tract, shall be superior and senior to any lien placed upon any Tract, including the lien of any mortgage or deed of trust. Notwithstanding the foregoing, no breach hereof shall defeat, render invalid, diminish or impair the lien of any mortgage or deed of trust made in good faith and for value, but all the easements and restrictions and other provisions, terms and conditions contained in this Agreement shall be binding upon and effective against any Person (including, but not limited to, any mortgagee or beneficiary under a deed of trust) who acquires title to any Tract or any portion thereof by foreclosure, trustee's sale, deed in lieu of foreclosure, or otherwise. 14.19 Variances. Where appropriate, the Approving Owners may in their sole and absolute discretion, grant written variances to the provisions of this Agreement (in lieu of an amendment), signed by all of the Approving Owners, where strict adherence to the G'l share llegallStores \WA\Tukwila\REA 071706a.DOC Page 47 • • requirements of this Agreement would, in the judgment of the Approving Owners, cause undue hardship. The granting of a waiver or variance to one Owner shall not automatically entitle another Owner to the same waiver or variance, it being understood that each request for a waiver or variance shall be treated on its own individual merits. 14.20, Counterparts. This Agreement may be executed in several counterparts, each of which shall be deemed an original. The'signatures to this Agreement may be executed and notarized on separate pages, and when attached to this Agreement shall constitute one complete document. G:\shareUegaI \Stores \WAITukwila\REA 071706a.DOC Page.48 IN WITNESS WHEREOF, Kohl's and Developer have caused this Agreement to be executed effective as of the day and year first above written. G:'share \IegallStores\WA \Tukwila \REA 071706a.DOC Page 49 • • STATE OF WISCONSIN ) ) SS. COUNTY OF WAUKESHA ) GIVEN under my hand and Notarial Seal, this I 1 day of KOHL'S DEPARTMENT STORES, INC., a Delaware co p %ration RI and D. epp Secretary , a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY that R. Lawrence Montgomery and Richard D. Schepp, personally known to me to be the Chief Executive Officer and Secretary, respectively, of KOHL'S DEPARTMENT STORES, INC., a Delaware corporation, whose names are subscribed to the within instrument, appeared before me this day in person and acknowledged that they signed and delivered said instrument of writing as such respective officers, as their free and voluntary acts and as the free and voluntary act and deed of said corporation, for the uses and purposes therein set forth. , 2006 Notary Public pr My Commission Expires: 4 O - -( b O „11 11;191// /11 So N 4„ <9 : 6/27!'t (Use this space for notarial stamp /seal) IN WITNESS WHEREOF, Kohl's and Developer have caused this Agreement to be executed effective as of the day and year first above written. STATE OF WASHINGTON COUNTY OF KING G:lshare\1egallStores \W A \Tukwila\REA 071706a.DOC Page 50 ' • • WIG PROPERTIES, LLC -SS, a Washington limited liability company By: ss. Title: M.K. \A /in MK Wig / /..” If 4 I certify that I know or have satisfactory evidence that M.K. Wig is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the authorized representative of Wig Properties, LLC -SS to be the free and voluntary act of such party for the uses and purposes stated therein. Dated i � 9 aCrt ( c e-- - PCLL.Caf 2 -P-A-e) Name: 6L hg �/ L NOTARY PUBLIC, State of Washington My appointment expires to /V`7 G:\. share Vegal\Stores \WA \Tukwila\REA 071706a.DOC Page 51 • • EXHIBIT A -1 LEGAL DESCRIPTION OF THE KOHL'S TRACT THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER AND OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 26, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 26; THENCE NORTH 88 °05'42" WEST ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER, A DISTANCE OF 2678.68 FEET TO THE EAST LINE OF SAID NORTHEAST QUARTER OF THE SOUTHWEST QUARTER; THENCE SOUTH 01°12'25" WEST ALONG SAID EAST LINE 657.29 FEET; THENCE CONTINUING SOUTH 01 °12'25" WEST 24.50 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 88 °00'36" EAST 648.40 FEET; THENCE SOUTH 01 °49'10" WEST 344.17 FEET; THENCE NORTH 88 °00'36" WEST 382.55 FEET; THENCE SOUTH 01 °59'24" WEST 13.83 FEET; THENCE NORTH 88 °00'36" WEST 357.00 FEET; THENCE NORTH 01 °59'24" EAST 355.72 FEET; THENCE NORTH 85 °29'26" EAST 20.13 FEET; THENCE SOUTH 88 °00'36" EAST 70.13 FEET TO THE POINT OF BEGINNING; CONTAINING AN AREA OF 259,269 SQUARE FEET, OR 5.9520 ACRES, MORE OR LESS. SITUATE IN THE CITY OF TUKWILA, KING COUNTY, WASHINGTON. WIG PROPERTIES NEW RETAIL SITE JOHANN G. WASSERMANN, P.L.S. BRH JOB NO. 95254.08 JULY 13, 2006 BUSH, ROED & HITCHINGS, INC, 2009 MINOR AVENUE EAST SEATTLE, WA 98102 (206) 323 -4144 • EXHIBIT A -2 LEGAL DESCRIPTION OF THE DEVELOPER TRACT THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER AND OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 26, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 26; THENCE NORTH 88 °05'42" WEST ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER, A DISTANCE OF 2678.68 FEET TO THE EAST LINE OF SAID NORTHEAST QUARTER OF THE SOUTHWEST QUARTER; THENCE SOUTH 01 °1225" WEST ALONG SAID EAST LINE 657.29 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "A "; THENCE CONTINUING SOUTH 01 °12'25" WEST 24.50; THENCE NORTH 88 °00'36" WEST 70.13 FEET; THENCE SOUTH 85 °2926" WEST 20.13 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 85 °29'26" WEST 52.03 FEET; THENCE SOUTH 86 °59'24" WEST 135.75 FEET; THENCE NORTH 88 °00'36" WEST 152.79 FEET; THENCE SOUTH 81 °59'24" WEST 174.39 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 34.50 FEET, AND A CENTRAL ANGLE OF 49 °36'53 "; THENCE SOUTHWESTERLY ALONG SAID CURVE AN ARC LENGTH OF 29.87 FEET TO THE EAST RIGHT -OF -WAY MARGIN OF SOUTHCENTER PARKWAY; THENCE SOUTH 01 °08'35" WEST ALONG SAID EAST RIGHT -OF -WAY MARGIN 534.72 FEET; THENCE SOUTH 87 °55'27" EAST 1267.66 FEET; THENCE NORTH 01 °49'10" EAST259.20 FEET; THENCE NORTH 88 °00'36" WEST 382.55 FEET; THENCE SOUTH 01°5924" WEST 13.83. FEET; THENCE NORTH 88 °00'36" WEST 357.00 FEET; THENCE NORTH 01°59'24" EAST 355.72 FEET TO THE POINT OF BEGINNING; TOGETHER WITH THAT PORTION OF SAID NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 26; COMMENCING AT AFOREMENTIONED POINT "A "; THENCE NORTH 88 °00'36" WEST 413.26 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 81 °59'24" WEST 180.41 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 34.50 FEET AND A CENTRAL ANGLE OF 67 °55'15 "; THENCE NORTHWESTERLY ALONG SAID CURVE AN ARC LENGTH OF 40.90 FEET TO THE EAST RIGHT -OF -WAY MARGIN OF SOUTHCENTER PARKWAY; G:lsharellegat \Stares \WA \Tukwila\REA 071706aDOC Page 52 THENCE NORTH 01 °08'35" EAST ALONG SAID EAST RIGHT -OF -WAY MARGIN 15.86 FEET; THENCE SOUTH 88 °00'36" EAST 213.12 FEET TO THE POINT OF BEGINNING; CONTAINING AN AREA OF 497,638 FEET, OR 11.4242 ACRES MORE OR LESS. SITUATE IN THE CITY OF TUKWILA, KING COUNTY, WASHINGTON. G:\s hareklegal\Stores \WA \Tukwila\REA 071706a.DOC Page 53 WIG PROPERTIES NEW RETAIL SITE JOHANN G. WASSERMANN, P.L.S. BRH JOB NO. 95254.08 JULY 13, 2006 BUSH, ROED & HITCHINGS, INC. 2009 MINOR AVENUE EAST SEATTLE, WA 98102 (206)323 -4144 G:lshare\legal \Stores \WA \Tukwila\REA 071706a,DOC Page 54 • • EXHIBIT B SITE PLAN • • EXHIBIT C APPROVED GRADING, DRAINAGE AND UTILITY PLANS [To be acrreed luponl G:\ share \legal \Storrs \WA1'fukwila \REA 071706a.DOC Page 55 G;\ sh are llegal\Stores \WAATukwila\REA 071706a.DOC Page 56 • • EXHIBIT D SIGN EXHIBIT " PROPOSED 51GRASE 15 DOUBLE - FACED. "" PROPOSED SIGNAEE 15 INTERIOR ILLUMINATED. EJF5. CORNICE GBBtf PLASTER TILE GE-ENT PLASTER PAPS. MATERIAL, LEXAN WITH A VINYL OYE RLAY LIGHTING FIXTURE WHITE TEXT GN A 1311125VVY BAC.K6ROUND TO MATCH PM5 WC. CEMENT PLASTER CONCRETE BASE Southcenter Square 2L4' T.O. STRUCTURE *21' -4' B.O. SIGNAGE FINISH GRADE • O'-O. PRELIMINARY PYLON SIGNAGE SOUTHCENTER SQUARE, TUKWILA - WA SCALE: 1!4" =1' -0° FREIHEIT & HO ARCHITECTS, fNC P.S. 10230 NE PINTS OWE SLATE app DIKLAND. WA 98083 F. 425,82)2100 F. 425.828.6899 07/09106 1537 A03446Monument Signage.dwg G:l sharellegallStores \WA \Tukwita\REA 071706a.DOC Page 57 ! • EXHIBIT E INITIAL ELEVATIONS • • LEGAL DESCRIPTION SOUTHCENTER SQUARE THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER AND OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 26, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 26; THENCE NORTH 88 ° 05'06" WEST ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER, A DISTANCE OF 2678.68 FEET TO THE EAST LINE OF SAID NORTHEAST QUARTER OF THE SOUTHWEST QUARTER; THENCE SOUTH 01 ° 13'01" WEST ALONG SAID EAST LINE 657.29 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "A "; THENCE CONTINUING SOUTH 01 ° 13'01" WEST 24.50 FEET TO THE POINT OF BEGINNING; THENCE NORTH 88 ° 00'00" WEST 66.05 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 24.50 FEET, AND A CENTRAL ANGLE OF 05 ° 21'39 "; THENCE WESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 2.29 FEET; THENCE THENCE SOUTH 86 ° 38'21" WEST 79.96 FEET; THENCE SOUTH 86 ° 24'22" WEST 108.03 FEET; THENCE NORTH 89 ° 34'49" WEST 68.61 FEET; THENCE NORTH 88 ° 00'00 " WEST 100.99 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 49.50 FEET, AND A CENTRAL ANGLE OF 10 ° 00'00 "; THENCE WESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 8.64 FEET; THENCE SOUTH 82 ° 00'00" WEST 170.24 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 34.50 FEET, AND A CENTRAL ANGLE OF 48 ° 36'52 "; THENCE SOUTHWESTERLY ALONG SAID CURVE AN ARC LENGTH OF 29.87 FEET TO THE EAST RIGHT -OF -WAY MARGIN OF SOUTHCENTER PARKWAY; THENCE SOUTH 01 ° 09'11" WEST ALONG SAID EAST RIGHT -OF -WAY MARGIN 520.63 FEET TO THE BEGINNING OF A NON- TANGENT CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 35.00 FEET, A CENTRAL ANGLE OF 54 ° 51'46 ", AND TO WHICH A RADIAL LINE BEARS SOUTH 56 ° 56'42" WEST; THENCE SOUTHEASTERLY ALONG SAID CURVE AN ARC DISTANCE OF 33.51 FEET; THENCE SOUTH 87 ° 55'04" EAST 792.07 FEET; THENCE SOUTH 85 ° 38'26" EAST 80.71 FEET TO THE NORTH RIGHT -OF -WAY MARGIN OF MINKLER BOULEVARD; THENCE SOUTH 87 ° 54'26" EAST ALONG SAID NORTH RIGHT -OF -WAY MARGIN 391.20 FEET TO THE WEST LINE OF THE EAST 659.34 FEET OF SAID NORTHWEST QUARTER OF THE SOUTHEAST QUARTER; THENCE NORTH 01 ° 48'05" EAST ALONG SAID WEST LINE 631.91 FEET; THENCE NORTH 88 ° 00'00" WEST 38.90 FEET; THENCE SOUTH 02 ° 00'00" WEST 31.30 FEET TO A POINT ON A NON - TANGENT CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 35.50 FEET, A CENTRAL ANGLE OF 36 ° 02'37 ", AND TO WHICH A RADIAL LINE BEARS NORTH 38 ° 02'37" EAST; THENCE NORTHWESTERLY AND WESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 22.33 FEET; THENCE NORTH 88 ° 00'00" WEST 613.17 FEET TO THE POINT OF BEGINNING; TOGETHER WITH THAT PORTION OF SAID NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 26; COMMENCING AT AFOREMENTIONED POINT "A "; THENCE NORTH 88 ° 00'00" WEST 412.77 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 82 ° 00'00" WEST 180.59 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 34.50 FEET AND A CENTRAL ANGLE OF 67 ° 54'42 "; Page 1 of 2 THENCE NORTHWESTERLY ALONG SAID CURVE AN ARC LENGTH OF 40.90 FEET TO THE EAST RIGHT -OF -WAY MARGIN OF SOUTHCENTER PARKWAY; THENCE NORTH 01 ° 09'11" EAST ALONG SAID EAST RIGHT -OF -WAY MARGIN 15.71 FEET; THENCE SOUTH 88 ° 00'00" EAST 213.30 FEET TO THE POINT OF BEGINNING; SUBJECT TO AN EASEMENT FOR INGRESS, EGRESS (EAST ROAD, A PRIVATE ROAD WAY) ACROSS THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 26, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 26; THENCE NORTH 88 ° 05'06" WEST ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER, A DISTANCE OF 2678.68 FEET TO THE WEST LINE OF SAID NORTHWEST QUARTER OF THE SOUTHEAST QUARTER; THENCE SOUTH 01 ° 13'01" WEST ALONG SAID EAST LINE 657.29 FEET; THENCE SOUTH 88 ° 00'00" EAST 634.40 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 88 ° 00'00" EAST 38.90 FEET TO THE WEST LINE OF THE EAST 659.34 FEET OF SAID NORTHWEST QUARTER OF THE SOUTHEAST QUARTER; THENCE SOUTH 01 ° 48'05" WEST ALONG SAID WEST LINE 631.91 FEET TO THE NORTH RIGHT -OF -WAY MARGIN OF MINKLER BOULEVARD; THENCE NORTH 87 ° 54'26" WEST ALONG SAID NORTH MARGIN 35.56 FEET TO THE BEGINNING OF A NON - TANGENT CURVE CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 34.50 FEET, A CENTRAL ANGLE OF 47 ° 10'53 ", AND TO WHICH A RADIAL LINE BEARS SOUTH 40 ° 59'40" EAST; THENCE NORTHERLY ALONG SAID CURVE AN ARC DISTANCE OF 28.41 FEET; THENCE NORTH 01 ° 48'05" EAST PARALLEL WITH AND 24.50 FEET WESTERLY FROM SAID WEST LINE OF THE EAST 659.34 FEET OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER 546.64 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 35.50 FEET, AND A CENTRAL ANGLE OF 53 ° 45'28 "; THENCE NORTHWESTERLY ALONG SAID CURVE 33.31 FEET; THENCE NORTH 02 ° 00'00" EAST 31.30 FEET TO THE POINT OF BEGINNING; SAID EAST ROAD WILL OF TUKWILA REQUESTS CONTAINING AN AREA LESS. REMAIN PRIVATE UNTIL SUCH TIME THAT THE CITY THE ROAD BECOMES A PUBLIC RIGHT -OF -WAY. OF 774,999 FEET, OR 17.7915 ACRES MORE OR SITUATE IN THE CITY OF TUKWILA, KING COUNTY, WASHINGTON. Page 2 of 2 WIG PROPERTIES SOUTHCENTER SQUARE JOHANN G. WASSERMANN, P.L.S. BRH JOB NO. 95254.08 FEBRUARY 22, 2007 BUSH, ROED & HITCHINGS, INC. 2009 MINOR AVENUE EAST SEATTLE, WA 98102 (206)323 -4144 LEGAL DESCRIPTION NEW PARCEL 1 (KOHL'S PARCEL) Page 1 of 2 THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER AND OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 26, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 26; THENCE NORTH 88 ° 05'06" WEST ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER, A DISTANCE OF 2678.68 FEET TO THE EAST LINE OF SAID NORTHEAST QUARTER OF THE SOUTHWEST QUARTER; THENCE SOUTH 01 ° 13'01" WEST ALONG SAID EAST LINE 657.29 FEET; THENCE CONTINUING SOUTH 01 ° 13'01" WEST 24.50 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 88 ° 00'00" EAST 613.17 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 35.50 FEET, AND A CENTRAL ANGLE OF 89 ° 48'05 "; THENCE SOUTHEASTERLY AND SOUTHERLY ALONG SAID CURVE AN ARC DISTANCE OF 55.64 FEET; THENCE SOUTH 01 ° 48'05" WEST 306.29 FEET; THENCE NORTH 88 ° 00'00" WEST 380.78 FEET; THENCE SOUTH 02 ° 00'00" WEST 16.33 FEET; THENCE NORTH 88 ° 00'00" WEST 360.00 FEET; THENCE NORTH 02 ° 00'00" EAST 355.76 FEET; THENCE NORTH 86 ° 38'21" EAST 22.81 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 24.50 FEET, AND A CENTRAL ANGLE OF 05 ° 21'39 "; THENCE EASTERLY ALONG SAID CURVE AN ARC DISTANCE OF 2.29 FEET; THENCE SOUTH 88 ° 00'00" EAST 66.05 FEET TO THE POINT OF BEGINNING; TOGETHER WITH AN EASEMENT FOR INGRESS, EGRESS (EAST ROAD, A PRIVATE ROAD WAY) ACROSS THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 26, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 26; THENCE NORTH 88 ° 05'06" WEST ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER, A DISTANCE OF 2678.68 FEET TO THE WEST LINE OF SAID NORTHWEST QUARTER OF THE SOUTHEAST QUARTER; THENCE SOUTH 01 ° 13'01" WEST ALONG SAID EAST LINE 657.29 FEET; THENCE SOUTH 88 ° 00'00" EAST 634.40 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 88 ° 00'00" EAST 38.90 FEET TO THE WEST LINE OF THE EAST 659.34 FEET OF SAID NORTHWEST QUARTER OF THE SOUTHEAST QUARTER; THENCE SOUTH 01 ° 48'05" WEST ALONG SAID WEST LINE 631.91 FEET TO THE NORTH RIGHT -OF -WAY MARGIN OF MINKLER BOULEVARD; THENCE NORTH 87 ° 54'26" WEST ALONG SAID NORTH MARGIN-35.56 FEET TO THE BEGINNING OF A NON- TANGENT CURVE CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 34.50 FEET, A CENTRAL ANGLE OF 47 ° 10'53 ", AND TO WHICH A RADIAL LINE BEARS SOUTH 40 ° 59'40" EAST; THENCE NORTHERLY ALONG SAID CURVE AN ARC DISTANCE OF 28.41 FEET; THENCE NORTH 01 ° 48'05" EAST PARALLEL WITH AND 24.50 FEET WESTERLY FROM SAID WEST LINE OF THE EAST 659.34 FEET OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER 546.64 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 35.50 FEET, AND A CENTRAL ANGLE OF 53 ° 45'28 "; THENCE NORTHWESTERLY ALONG SAID CURVE 33.31 FEET; THENCE NORTH 02 ° 00'00" EAST 31.30 FEET TO THE POINT OF BEGINNING; SAID EAST ROAD WILL REMAIN PRIVATE UNTIL SUCH TIME THAT THE CITY OF TUKWILA REQUESTS THE ROAD BECOMES A PUBLIC RIGHT -OF -WAY. CONTAINING AN AREA OF 258,482 SQUARE FEET, OR 5.9339 ACRES, MORE OR LESS. SITUATE IN THE CITY OF TUKWILA, KING COUNTY, WASHINGTON. Page 2 of 2 WIG PROPERTIES SOUTHCENTER SQUARE JOHANN G. WASSERMANN, P.L.S. BRH JOB NO. 95254.08 FEBRUARY 22, 2007 BUSH, ROED & HITCHINGS, INC. 2009 MINOR AVENUE EAST SEATTLE, WA 98102 (206) 323 -4144 • • LEGAL DESCRIPTION NEW PARCEL 2 (DEVELOPER'S PARCEL) THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER AND OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 26, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 26; THENCE NORTH 88 ° 05'06" WEST ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER, A DISTANCE OF 2678.68 FEET TO THE EAST LINE OF SAID NORTHEAST QUARTER OF THE SOUTHWEST QUARTER; THENCE SOUTH 01 ° 13'01" WEST ALONG SAID EAST LINE 657.29 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "A "; THENCE CONTINUING SOUTH 01 ° 13'01" WEST 24.50 FEET; THENCE NORTH 88 ° 00'00" WEST 66.05 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 24.50 FEET, AND A CENTRAL ANGLE OF 05 ° 21'39 "; THENCE WESTERLY ALONG SAID CURVE AN ARC DISATANCE OF 2.29 FEET; THENCE SOUTH 86 ° 38'21" WEST 22.81 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 86 ° 38'21" WEST 57.15 FEET; THENCE SOUTH 86 ° 24'22" WEST 108.03 FEET; THENCE NORTH 89 ° 34'49" WEST 68.61 FEET; THENCE NORTH 88 WEST 100.99 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 49.50 FEET, AND A CENTRAL ANGLE OF 10 ° 00'00 "; THENCE WESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 8.64 FEET; THENCE SOUTH 82 ° 00'00" WEST 170.24 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 34.50 FEET, AND A CENTRAL ANGLE OF 48 ° 36'52 "; THENCE SOUTHWESTERLY ALONG SAID CURVE AN ARC LENGTH OF 29.87 FEET TO THE EAST RIGHT -OF -WAY MARGIN OF SOUTHCENTER PARKWAY; THENCE SOUTH 01 ° 09'11" WEST ALONG SAID EAST RIGHT -OF -WAY MARGIN 520.63 FEET TO THE BEGINNING OF A NON- TANGENT CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 35.00 FEET, A CENTRAL ANGLE OF 54 ° 51'46 ", AND TO WHICH A RADIAL LINE BEARS SOUTH 56 ° 56'42" WEST; THENCE SOUTHEASTERLY ALONG SAID CURVE AN ARC DISTANCE OF 33.51 FEET; THENCE SOUTH 87 ° 55'04" EAST 792.07 FEET; THENCE SOUTH 85 ° 38'26" EAST 80.71 FEET TO THE NORTH RIGHT -OF -WAY MARGIN OF MINKLER BOULEVARD; THENCE SOUTH 87 ° 54'26" EAST ALONG SAID NORTH RIGHT -OF -WAY MARGIN 391.20 FEET TO THE WEST LINE OF THE EAST 659.34 FEET OF SAID NORTHWEST QUARTER OF THE SOUTHEAST QUARTER; THENCE NORTH 01 ° 48'05" EAST ALONG SAID WEST LINE 631.91 FEET; THENCE NORTH 88 ° 00'00" WEST 38.90 FEET; THENCE SOUTH 02 ° 00'00" WEST 31.30 FEET TO A POINT ON A NON - TANGENT CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 35.50 FEET, A CENTRAL ANGLE OF 53 ° 45'28 ", AND TO WHICH A RADIAL LINE BEARS NORTH 38 ° 02'37" EAST; THENCE SOUTHEASTERLY ALONG SAID CURVE AN ARC DISTANCE OF 33.31 FEET; THENCE SOUTH 01 ° 48'05" WEST 306.29 FEET; THENCE NORTH 88 ° 00'00" WEST 380.78 FEET; THENCE SOUTH 02 ° 00'00" WEST 16.33 FEET; THENCE NORTH 88 ° 00'00" WEST 360.00 FEET; THENCE NORTH 02 ° 00'00" EAST 355.76 FEET TO THE POINT OF BEGINNING; TOGETHER WITH THAT PORTION OF SAID NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 26; COMMENCING AT AFOREMENTIONED POINT "A "; THENCE NORTH 88 ° 00'00" WEST 412.77 FEET TO THE POINT OF BEGINNING; Page 1 of 2 THENCE SOUTH 82 WEST 180.59 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 34.50 FEET AND A CENTRAL ANGLE OF 67 ° 55'14 "; THENCE NORTHWESTERLY ALONG SAID CURVE AN ARC LENGTH OF 40.90 FEET TO THE EAST RIGHT -OF -WAY MARGIN OF SOUTHCENTER PARKWAY; THENCE NORTH 01 ° 09'11" EAST ALONG SAID EAST RIGHT -OF -WAY MARGIN 15.71 FEET; THENCE SOUTH 88 ° 00'00" EAST 213.30 FEET TO THE POINT OF BEGINNING; SUBJECT TO AN EASEMENT FOR INGRESS, EGRESS (EAST ROAD, A PRIVATE ROAD WAY) ACROSS THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 26, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 26; THENCE NORTH 88 ° 05'06" WEST ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER, A DISTANCE OF 2678.68 FEET TO THE WEST LINE OF SAID NORTHWEST QUARTER OF THE SOUTHEAST QUARTER; THENCE SOUTH 01 ° 13'01" WEST ALONG SAID EAST LINE 657.29 FEET; THENCE SOUTH 88 ° 00'00" EAST 634.40 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 88 ° 00'00" EAST 38.90 FEET TO THE WEST LINE OF THE EAST 659.34 FEET OF SAID NORTHWEST QUARTER OF THE SOUTHEAST QUARTER; THENCE SOUTH 01 ° 48'05" WEST ALONG SAID WEST LINE 631.91 FEET TO THE NORTH RIGHT -OF -WAY MARGIN OF MINKLER BOULEVARD; THENCE NORTH 87 ° 54'26" WEST ALONG SAID NORTH MARGIN 35.56 FEET TO THE BEGINNING OF A NON - TANGENT CURVE CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 34.50 FEET, A CENTRAL ANGLE OF 47 ° 10'53 ", AND TO WHICH A RADIAL LINE BEARS SOUTH 40 ° 59'40" EAST; THENCE NORTHERLY ALONG SAID CURVE AN ARC DISTANCE OF 28.41 FEET; THENCE NORTH 01 ° 48'05" EAST PARALLEL WITH AND 24.50 FEET WESTERLY FROM SAID WEST LINE OF THE EAST 659.34 FEET OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER 546.64 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 35.50 FEET, AND A CENTRAL ANGLE OF 53 ° 45'28 "; THENCE NORTHWESTERLY ALONG SAID CURVE 33.31 FEET; THENCE NORTH 02 ° 00'00" EAST 31.30 FEET TO THE POINT OF BEGINNING; SAID EAST ROAD WILL REMAIN PRIVATE UNTIL SUCH TIME THAT THE CITY OF TUKWILA REQUESTS THE ROAD BECOMES A PUBLIC RIGHT -OF -WAY. CONTAINING AN AREA OF 516,516 FEET, OR 11.8576 ACRES MORE OR LESS. SITUATE IN THE CITY OF TUKWILA, KING COUNTY, WASHINGTON. Page 2 of 2 WIG PROPERTIES SOUTHCENTER SQUARE JOHANN G. WASSERMANN, P.L.S. BRH JOB NO. 95254.08 FEBRUARY 22, 2007 BUSH, ROED & HITCHINGS, INC. 2009 MINOR AVENUE EAST SEATTLE, WA 98102 (206) 323 -4144 • • LEGAL DESCRIPTION RIGHT -OF -WAY DEDICATION ( MINKLER BOULEVARD) THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER AND OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 26, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., LYING SOUTHERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 26; THENCE NORTH 88 ° 05'06" WEST ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER, A DISTANCE OF 2678.68 FEET TO THE EAST LINE OF SAID NORTHEAST QUARTER OF THE SOUTHWEST QUARTER; THENCE SOUTH 01 ° 13'01" WEST ALONG SAID EAST LINE 657.29 FEET; THENCE SOUTH 88 ° 00'00" EAST 673.30 FEET TO THE WEST LINE OF THE EAST 659.34 FEET OF SAID NORTHWEST QUARTER OF THE SOUTHEAST QUARTER; THENCE SOUTH 01 ° 48'05" WEST ALONG SAID WEST LINE 631.91 FEET TO THE NORTH RIGHT -OF -WAY MARGIN OF MINKLER BOULEVARD; THENCE NORTH 87 ° 54'26" WEST ALONG SAID NORTH RIGHT -OF -WAY MARGIN 391.20 FEET TO THE BEGINNING OF THIS DESCRIBED LINE; THENCE NORTH 85 ° 38'26" WEST,80.71 FEET; THENCE NORTH 87 ° 55'04" WEST 792.07 FEET TO. THE BEGINNING OF A CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 35.00 FEET, AND A CENTRAL ANGLE OF 54 ° 51'46 "; THENCE NORTHWESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 33.51 FEET TO THE EAST RIGHT -OF -WAY MARGIN OF SOUTHCENTER PARKWAY AND TERMINUS OF THIS DESCRIBED LINE; CONTAINING AN AREA OF 2,860 SQUARE FEET, OR 0.0656 ACRES, MORE OR LESS. SITUATE IN THE CITY OF TUKWILA, KING COUNTY, WASHINGTON. PAGE 1 OF 1 WIG PROPERTIES SOUTHCENTER SQUARE JOHANN G. WASSERMANN, P.L.S. BRH JOB NO. 95254.08 FEBRUARY 20, 2007 BUSH, ROED & HITCHINGS, INC. 2009 MINOR AVENUE EAST SEATTLE, WA 98102 (206) 323 -4144 w z m 2 I- < m 8 ? 0 R= 35.00' La 33.51' X 54'51'46' S87•551 7 DEVELOPERS PARCEL RIGHT —OF —WAY DEDICATION SIDEWALK S8754 "E 275.21' 1 DEVELOPERS PARCEL - g EXISTING ROW —LINE N85'38' 26 80.71' POB SIDEWALK o 3o 60 RIGHT —OF —WAY DEDICATION 0 M 8625.83' MINKLER ...s . w... .ors 2,860 SQUARE FEET, OR 0.0656 ACRES 1 DEDICATION AREA: I I 1 N8755'04 "W 792.07' 6 6 = t BUSH, ROED & HITCHINGS, INC. CIVIL ENGINEERS & LAND SURVEYORS 2009 MINOR AVE. EAST, SEATTLE, WA 98102 (206) 323 -4144 FAX (206) 323 -7135 1- 800 - 935 - 0508 ( IN FEET) 1 inch = 60 !t. BOULEVARD swIMMEI 1 JOB NO 95254.08 SCALE 1" = 60' DRAWN JGW CHECKED JGW DATE 2 -12 -07 EASEMENT EXHIBIT MINKLER BLVD — DEDICATION SOUTHCENTER SQUARE TUKWILA, KING COUNTY WASHINGTON • • RIGHT -OF -WAY DEDICATION (NORTH ROAD) THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER AND OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 26, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 26; THENCE NORTH 88 ° 05'06" WEST ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER, A DISTANCE OF 2678.68 FEET TO THE EAST LINE OF SAID NORTHEAST QUARTER OF THE SOUTHWEST QUARTER; THENCE SOUTH 01 ° 13'01" WEST ALONG SAID EAST LINE 657.29 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 88 ° 00'00" EAST 634.39 FEET; THENCE SOUTH 02 ° 00'00" WEST 31.30 FEET TO A POINT ON A NON - TANGENT CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 35.50 FEET, A CENTRAL ANGLE OF 36 ° 02'37 ", AND TO WHICH A RADIAL LINE BEARS NORTH 38 ° 02'37" EAST; THENCE NORTH 88 ° 00'00" WEST 679.22 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 24.50 FEET, AND A CENTRAL ANGLE OF 05 ° 21'39 "; THENCE WESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 2.29 FEET; THENCE SOUTH 86 ° 42'50" WEST 79.96 FEET; THENCE SOUTH 86 ° 24'22" WEST 108.03 FEET; THENCE NORTH 89 ° 34'49" WEST 68.61 FEET; THENCE NORTH 88 ° 00'00" WEST 100.99 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 49.50 FEET, AND A CENTRAL ANGLE OF 10 ° 00'00 "; THENCE WESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 8.64 FEET; THENCE SOUTH 82 ° 00'00" WEST 170.24 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 34.50 FEET, AND A CENTRAL ANGLE OF 48 ° 36'52 "; THENCE SOUTHWESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 29.87 FEET TO THE EAST RIGHT -OF -WAY MARGIN OF SOUTHCENTER PARKWAY; THENCE NORTH 01 ° 09'11" EAST ALONG SAID EAST RIGHT -OF -WAY MARGIN 75.64 FEET TO THE BEGINNING OF A NON- TANGENT CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 34.50 FEET, A CENTRAL ANGLE OF 67 ° 55'14 ", AND TO WHICH A RADIAL LINE BEARS SOUTH 59 ° 55'14" WEST; THENCE SOUTHEASTERLY ALONG SAID CURVE AN ARC DISTANCE OF 40.90 FEET; THENCE NORTH 82 ° 00'00" EAST 180.59 FEET; THENCE SOUTH 88 ° 00'00" EAST 412.77 FEET TO THE POINT OF BEGINNING; CONTAINING AN AREA OF 39,657 SQUARE FEET, OR 0.9104 ACRES, MORE OR LESS. SITUATE IN THE CITY OF TUKWILA, KING COUNTY, WASHINGTON. Page 1 of 1 WIG PROPERTIES SOUTHCENTER SQUARE JOHANN G. WASSERMANN, P.L.S. BRH JOB NO. 95254.08 FEBRURY 20, 2007 BUSH, ROED & HITCHINGS, INC. 2009 MINOR AVENUE EAST SEATTLE, WA 98102 (206) 323 -4144 L1 634.39 5880000 "E L12 412.77 S8800'00" L2 31.30 502'00'O0 "W CURVE TABLE L3 613.17 N88'00'00 "W CURVE RADIUS DELTA LENGTH L4 66.05 N8800'00 "W C1 35.50 3602'37" 22.33 L5 79.96 S86'38'21 "W C2 24.50 5'21'39" 2.29 L6 108.03 S86'24'22"W C3 C4 49.50 34.50 10'00 49'36'52" 8.64 29.87 L7 68.61 N89'34'49 "W L8 100.99_ N8800'00 "W C5 34.50 67'5514" 40.90 • • 1 8 1- UNE T I L P /� S 88'00'00" E L9 UNE TABLE LENGTH 170.24 C4 BEARING 09 S82'00'00 "W L1 L1 75.64 180.59 SIDEWALK DEVELOPERS PARCEL TL 262304 -9077 FEDERATED DEPT. STORES INC. 17000 SOUTHCENTER PKWY RIGHT —OF —WAY DEDICATION ff# „09,!: , A e dyww 4 o A, -1/' ■VW NO1'09'11 "E N82 0000 " SIDEWALK BUSH, ROED & HITCHINGS, INC. CIVIL ENGINEERS & LAND SURVEYORS 2009 MINOR AVE. EAST. SEATTLE, WA 98102 (206) 323 -4144 FAX (206) 323 -7135 1- 800 - 935 -0508 80 0 30 60 (IN FEET ) 1 inch = 60 ft. SHT1 OF 2 JOB NO SCALE DRAWN CHECKED DATE 95254.08 1 " =60' JGW JGW 2 -12 -07 EASEMENT EXHIBIT NORTH ROAD — ROW DEDICATION SOUTHCENTER SQUARE TUKWILA, KING COUNTY WASHINGTON N w w o z I- 0 t w 2 w V) • NORTH ROAD 61 +00 56 +00 _ _ 57 +00 ag C2 TL 262304 -9076 FEDERATED DEPT. STORES INC. ___ 62 +00 SIDEWA EASEMENT FOR STREET USE KOHL'S PARCEL STA 63 +00.00 END RIGHT -OF -WAY DEDICATION NORTH ROAD Poe o TL 262304 -9076 FEDERATED DEPT. STORES INC. 58 +00 59+00 SIDEWALK ----\ 63 +00 TL 262304 -9076 KOHL'S PARCEL L3 Li 60 +00 m z - BUSH, ROED & HITCHINGS, INC. (,) CIVIL ENGINEERS & LAND SURVEYORS 2009 MINOR AVE. EAST, SEATTLE, WA 98102 (206) 323-4144 FAX (206) 323 -7135 1- 800 - 935 -0508 w .2 0 30 60 1 ( IN FEET ) 1 inch = 60 ft. SHT2OF2 JOB NO 95254.08 SCALE 1" = 60' DRAWN JGW CHECKED JGW DATE 2 -12 -07 EASEMENT EXHIBIT NORTH ROAD — ROW DEDICATION SOUTHCENTER SQUARE TUKWILA, KING COUNTY WASHINGTON COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 26; THENCE NORTH 88 ° 05'06" WEST ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER, A DISTANCE OF 2678.68 FEET TO THE EAST LINE OF SAID NORTHEAST QUARTER OF THE SOUTHWEST QUARTER; THENCE SOUTH 01 ° 13'01" WEST ALONG SAID EAST LINE 657.29 FEET; THENCE CONTINUING SOUTH 01 ° 13'01" WEST 24.50 FEET; THENCE NORTH 88 ° 00'00" WEST 66.05 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 24.50 FEET, AND A CENTRAL ANGLE OF 5 ° 21'39 "; THENCE WESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 2.29 FEET; THENCE SOUTH 86 ° 38'21" WEST 22.81 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 86 ° 38'21" WEST 57.15 FEET; THENCE SOUTH 86 ° 24'22" WEST 108.03 FEET; THENCE NORTH 89 ° 34'49" WEST 68.61 FEET; THENCE NORTH 88 WEST 100.99 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 49.50 FEET, AND A CENTRAL ANGLE OF 10 ° 00'00 "; THENCE WESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 8.64 FEET; THENCE SOUTH 82 ° 00'00" WEST 170.24 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 34.50 FEET, AND A CENTRAL ANGLE OF 49 ° 36'52 "; THENCE SOUTHWESTERLY ALONG SAID CURVE AN ARC LENGTH OF 29.87 FEET TO THE EAST RIGHT -OF -WAY MARGIN OF SOUTHCENTER PARKWAY; THENCE SOUTH 01 ° 09'11" WEST ALONG SAID EAST RIGHT -OF -WAY MARGIN 520.63 FEET TO THE BEGINNING OF A NON- TANGENT CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 35.00 FEET, A CENTRAL ANGLE OF 54 ° 51'46 ", AND TO WHICH A RADIAL LINE BEARS SOUTH 56 ° 56'42" WEST; THENCE SOUTHEASTERLY ALONG SAID CURVE AN ARC DISTANCE OF 33.51 FEET; THENCE SOUTH 87 ° 55'04" EAST 792.07 FEET; THENCE SOUTH 85 ° 38'26" EAST 80.71 FEET TO THE NORTH RIGHT -OF -WAY MARGIN OF MINKLER BOULEVARD; THENCE SOUTH 87 ° 54'26" EAST ALONG SAID NORTH RIGHT -OF -WAY MARGIN 355.64 FEET TO THE BEGINNING OF A NON- TANGENT CURVE CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 34.50 FEET, A CENTRAL ANGLE OF 47 ° 10'53 ", AND TO WHICH A RADIAL LINE BEARS SOUTH 40 ° 59'40" EAST; NORTHERLY ALONG SAID CURVE AN ARC DISTANCE OF 28.41 FEET; THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE NORTH NORTH SOUTH SOUTH SOUTH SOUTH SOUTH SOUTH SOUTH SOUTH SOUTH SOUTH SOUTH SOUTH • SIDEWALK EASEMENT DESCRIPTION NEW PARCEL 2 (DEVELOPER'S PARCEL) 01 ° 48'05" 88 ° 00'00" 03 ° 40'46" 41 ° 05'07" 86 ° 54' 12" 01 ° 48'05" 88 ° 01'15" 42 ° 42'50" 02 ° 24'23" 02 ° 22'51" 11 ° 51'33" 33 ° 19'27" 78 ° 30'27" 01 ° 48'05" EAST 240.34 FEET; WEST 18.85 FEET; EAST 0.29 FEET; EAST 7.17 FEET; EAST 3.98 FEET; WEST 66.97 FEET; WEST 3.51 FEET; WEST 7.16 FEET; EAST 9.58 FEET; EAST 41.37 FEET; WEST 12.77 FEET; EAST 7.16 FEET; EAST 2.62 FEET; WEST 89.95 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 25.00 FEET, AND A CENTRAL ANLGE OF 90 ° 30'40 "; THENCE SOUTHWESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 39.49 FEET; THENCE NORTH 87 ° 41'15" WEST 91.36 FEET; THENCE NORTH 85 WEST 218.43 FEET TO THE BEGINNING OF A NON- TANGENT CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 7.97 FEET, A CENTRAL ANGLE OF 52 ° 43'37 ", AN TO WHICH A RADIAL LINE BEARS SOUTH 04 ° 14'05" WEST; Page 1 of 3 Page 2 of 3 THENCE NORTHWESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 7.33 FEET; THENCE NORTH 33 ° 09'10" WEST 6.67 FEET; THENCE NORTH 88 ° 00'00" WEST 11.31 FEET; THENCE NORTH 85 ° 00'18" WEST 31.04 FEET; THENCE SOUTH 79 ° 13'14" WEST 11.08 FEET; THENCE SOUTH 35 ° 01'59" WEST 6.29 FEET; THENCE NORTH 85 ° 38'26" WEST 35.67 FEET; THENCE NORTH 87 ° 55'03" WEST 279.82 FEET; THENCE NORTH 41 ° 13'05" WEST 5.46 FEET; THENCE NORTH 85 ° 47'51" WEST 10.32 FEET; THENCE NORTH 80 ° 51'58" WEST 32.91 FEET; THENCE NORTH 88 ° 00'00" WEST 7.37 FEET; THENCE SOUTH 43 ° 43'10" WEST 11.22 FEET; THENCE NORTH 87 ° 55'04" WEST 119.06 FEET; THENCE NORTH 20 ° 55'56" WEST 4.57 FEET; THENCE NORTH 62 ° 34'58" WEST 9.81 FEET; THENCE NORTH 86 ° 44'19" WEST 32.09 FEET; THENCE SOUTH 64 ° 09'07" WEST 10.86 FEET; THENCE SOUTH 25 ° 14'52" WEST 4.32 FEET; THENCE NORTH 87 ° 55'04" WEST 279.08 FEET; THENCE NORTH 41 ° 00'00" WEST 17.59 FEET TO THE BEGINNING OF A NON - TANGENT CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 27.77 FEET, A CENTRAL ANGLE OF 42 ° 36'11 ", AND TO WHICH A RADIAL LINE BEARS SOUTH 45 ° 22'49" WEST; THENCE NORTHERLY ALONG SAID CURVE AN ARC DISTANCE OF 20.65 FEET; THENCE NORTH 02 ° 00'00" EAST 38.21 FEET; THENCE SOUTH 88 ° 00'00" EAST 0.83 FEET; THENCE NORTH 02 ° 00'00" EAST 26.00 FEET; THENCE NORTH 88 ° 00'41" WEST 1.51 FEET; THENCE NORTH 01 ° 09'11" EAST 159.37 FEET; THENCE NORTH 60 ° 07'20" EAST 6.67 FEET; THENCE NORTH 17 ° 49'33" EAST 10.52 FEET; THENCE NORTH 01 ° 04'20" EAST 25.00 FEET; THENCE NORTH 13 ° 25'09" WEST 10.57 FEET; THENCE NORTH 55 ° 38'37" WEST 6.62 FEET; THENCE NORTH 01 EAST 191.74 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 35.00 FEET, AN A CENTRAL ANGLE OF 80 ° 50'49 "; THENCE NORTHEASTERLY ALONG SAID CURVE AN ARC DISTANCE OF 49.39 FEET; THENCE NORTH 8,2 ° 00'00" EAST 157.93 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 41.50 FEET, AND A CENTRAL ANGLE OF 10 ° 00'00 "; THENCE EASTERLY ALONG SAID CURVE AN ARC DISTANCE OF 7.24 FEET; THENCE SOUTH 88 ° 00'00" EAST 106.02 FEET; THENCE NORTH 18 ° 57'37" EAST 2.75 FEET TO THE BEGINNING OF A NON - TANGENT CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 20.00 FEET, A CENTRAL ANGLE OF 45 ° 28'35 ", AN TO WHICH A RADIAL LINE BEARS NORTH 18 ° 57'37" EAST; THENCE SOUTHEASTERLY ALONG SAID CURVE AN ARC DISTANCE OF 15.87 FEET; THENCE SOUTH 87 ° 56'58" EAST 4.96 FEET; THENCE NORTH 89 ° 10'26" EAST 32.86 FEET; THENCE NORTH 84 ° 27'02" EAST 9.43 FEET; THENCE NORTH 43 ° 12'29" EAST 5.63 FEET; THENCE NORTH 86 ° 24'22" EAST 112.95 FEET; THENCE SOUTH 03 ° 43'21" EAST 0.82 FEET; THENCE SOUTH 46 ° 47'31" EAST 6.95 FEET; THENCE SOUTH 89 ° 51'41" EAST 10.62 FEET; THENCE NORTH 84 ° 35'09" EAST 36.40 FEET; THENCE NORTH 02 ° 00'00" EAST 15.26 FEET TO THE POINT OF BEGINNING; TOGETHER WITH THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 26, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 26; THENCE NORTH 88 ° 05'06" WEST ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER, A DISTANCE OF 2678.68 FEET TO THE EAST LINE OF SAID NORTHEAST QUARTER OF THE SOUTHWEST QUARTER; THENCE SOUTH 01 ° 13'01" WEST ALONG SAID EAST LINE 657.29 FEET; THENCE NORTH 88 ° 00'00" WEST 412.77 FEET; THENCE SOUTH 82 ° 00'00" WEST 28.73 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 82 ° 00'00" WEST 151.86 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 34.50 FEET AND A CENTRAL ANGLE OF 67 ° 55'14 "; THENCE NORTHWESTERLY ALONG SAID CURVE AN ARC LENGTH OF 40.90 FEET TO THE EAST RIGHT -OF -WAY MARGIN OF SOUTHCENTER PARKWAY; THENCE NORTH 01 ° 09'11" EAST ALONG SAID EAST RIGHT -OF -WAY MARGIN 15.71 FEET; THENCE SOUTH 88 ° 00'00" EAST 0.08 FEET TO THE BEGINNING OF A NON - TANGENT CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 29.50 FEET, A CENTRAL ANGLE OF 94 ° 54'36 ", AND TO WHICH A RADIAL LINE BEARS SOUTH 86 ° 54'36" WEST; THENCE SOUTHEASTERLY AND EASTERLY ALONG SAID CURVE AN ARC DISTANCE OF 48.87 FEET; THENCE NORTH 08 ° 00'00" WEST 4.50 FEET; THENCE NORTH 82 ° 00'00" EAST 126.71 FEET; THENCE SOUTH 08 ° 00'00" EAST 5.00 FEET; THENCE SOUTH 82 ° 00'00" EAST 25.15 FEET; THENCE SOUTH 08 ° 00'00" EAST 4.50 FEET TO THE POINT OF BEGINNING; CONTAINING AN AREA OF 29,405 FEET, OR 0.6751 ACRES MORE OR LESS. SITUATE IN THE CITY OF TUKWILA, KING COUNTY, WASHINGTON. Page 3 of 3 WIG PROPERTIES SOUTHCENTER SQUARE JOHANN G. WASSERMANN, P.L.S. BRH JOB NO. 95254.08 FEBRUARY 22, 2007 BUSH, ROED & HITCHINGS, INC. 2009 MINOR AVENUE EAST SEATTLE, WA 98102 (206) 323 -4144 0 0 + -- 36' I -I L72 ° o C2 73 1 C11 51+ --1 --1- L57 MATCHLINE SEE SHT 2 OF 4 C8 0 0 SIDEWALK L77 DEVELOPERS PARCEL C9- SHT 1 OF 4 TL 262304 -9077 FEDERATED DEPT. STORES INC. 17000 SOUTHCENTER PKWY S 88'00'00" E SIDEWALK RIGHT -OF -WAY DEDICATION L63 L61 L64 6 6 0 2009 MINOR AVE. EAST, SEATTLE. WA 98102 (206) 323 -4144 FAX (206) 323 -7135 1- 800 - 935 -0508 L66 _ ,:i3 1 . . (1N FEET ) 1 inch = 80 ft BUSH, ROED & HITCHINGS, INC. CIVIL ENGINEERS & LAND SURVEYORS L69 L70 L68 L67 1 J08 NO 95254.08 SCALE 1" = 60' DRAWN JGW CHECKED JGW DATE 2 -12 -07 EASEMENT EXHIBIT SIDEWALK DEVELOPER'S PARCEL SOUTHCENTER SQUARE TUKWILA, KING COUNTY WASHINGTON w W Z CD F--S < V) � W W (/) w Z J DEVELOPERS N PARCEL 00+Pt X55 L54 1 -53 ! \\\\\\\ \ \ \ \ \ \ ∎• ∎•∎ C3 L6 1 F-- I 1 —1 00 +£ 00 +Zt SOUTHCENTER T 144 60 0 (IN FEET ) 1 inch = 80 ft. PROPOSED ROW -LINE L43 30 60 L39 L40 141 -J L49 i 1 1 1 00+ lir PARKWAY ima L38 SHT2OF4 C7 L46 L47 EXISTING ROW -LINE U MINKLER BOULEVARD - MATCHLINE W 00 +01r A L35 L36 L34 CIVIL ENGINEERS & LAND SURVEYORS 2009 MINOR AVE. EAST, SEATTLE, WA 98102 (206) 323 - 4144 FAX (206) 323 -7135 1- 800 - 935 -0508 L33 BUSH, ROED & HITCHINGS, INC. 1 JOB NO 95254.08 SCALE 1" = 60' DRAWN JGW CHECKED JGW DATE 2 -12 -07 EASEMENT EXHIBIT SIDEWALK DEVELOPER'S PARCEL SOUTHCENTER SQUARE TUKWILA, KING COUNTY WASHINGTON ww z° N 0 I < N M w w to _AI //iAKdriri.r...■` 0 rn _ L32 KOHL'S PARCEL L1 DE 113 L14- �ELOP P ARCEL DEL L16 L17 L18 L20 L21 122 DEVELOPERS PARCEL c4 OMMIIIIM L11 MATCHLINE f L31 L30 \I L29 L28 0 In T 1 L27 L26 C6 60 0 30 60 ( INFO') 1 inch = 60 ft. 125 L9 MINKLER BLVD BUSH, ROED & HITCHINGS, INC. CIVIL ENGINEERS & LAND SURVEYORS 2009 MINOR AVE. EAST. SEATTLE, WA 98102 (206) 323-4144 FAX (206) 323-7135 SHT 3 OF 4 1-800- 935 -0508 124 MAT LIN 1 C5 _ In N J 0 0 + 60 JOB NO 95254.08 SCALE 1" = 60' DRAWN JGW CHECKED JGW DATE 2 -12 -07 EASEMENT EXHIBIT SIDEWALK DEVELOPER'S PARCEL SOUTHCENTER SQUARE TUKWILA, KING COUNTY WASHINGTON LINE TABLE UNE LENGTH BEARING L1 57.15 586'38'21 "W L2 108.03 S8624'22 "W L3 68.61 N89 49"W L4 100.99 N8800'00 "W L5 170.24 S8200'00 "W L6 520.63 S01'09'11 "W L7 792.07 S87'55'04 "E L8 80.71 S85'30'26 "E L9 355.64 S87'54'26 "E L10 240.34 N01'48'05 "E L11 18.85 N88'00'00 "W L12 0.29 S03'40 "W L13 7.17 S410V07 "E L14 3.98 S86'S4'12 "E L15 66.97 SO1 48'05"W L16 3.51 S88'01'15 "W L17 7.16 542 "W L18 9.58 50274'23 "E L19 41.37 502'22'51 "E L20 12.77 S11 33"W 121 7.16 S3319'27 "E L22 2.62 57810'27 "E L23 89.95 S01'48'05 "W L24 91.36 N8741'15 "W L25 218.43 N85'39'03 "W L26 6.67 N3309'10 "W L27 11.31 N88 00'00 "W L28 31.04 N8500'18 "W L29 11.08 S791 3'14 "W L30 6.29 53501'59 "W L31 35.67 N8518 "W L32 279.82 N87'55'03 "W L33 5.46 N41'13'05 "W L34 10.32 N85'47'51 "W L35 32.91 N80'51'58 "W L36 7.37 N88'00 W L37 11.22 S43 "W 138 119.06 N 8755'04"W N20'55'46`W L39 4.57 L40 9.81 N62'34'58 "W N86'44'19 "W L41 32.09 L42 10.86 S6409'07 "W L43 4.32 S251 4'52" W L44 199.75 N87'55'04 "W L45 79.33 N87'55'04 "W L46 17.59 N4100'00 "W L47 38.21 NO200'00 "E L48 0.83 S8800'00 "E L49 26.00 NO200'00 "E 150 1.51 N88'00'41 "W L51 159.37 N0109'11 1 L52 6.67 N6007'ZO "E N17'49'33 "E 153 10.52 L54 25.00 N0104'20 "E L55 10.57 N1325'09 "W L56 6.62 N55'3B'37 "W L57 191.74 N01'09'11 "E L58 157.93 N821110'00 "E L59 106.02 S88'00'00 "E 160 2.75 N18'57'37 "E L61 4.96 58840'00 "E L62 32.86 N8910'26 "E L63 9.43 N8427'02 "E L64 5.63 N431 2 L65 112.95 N8674 "E L66 0.82 S03'43'21 "E L67 6.95 S46'47'31 "E L68 10.62 S89'51'41 "E L69 36.40 N84'35'09 "E L70 15.26 NO2'00'00 "E L71 151.86 S8200'00 "W L72 15.71 N0109'11 "E L73 0.08 58800'00 "E L74 4.50 N0800'00 "W L75 126.71 N8200'00 "E L76 5.00 S0800'00 "E L77 25.15 N8200'00 "E L78 4.50 S0800'00 "E CURVE TABLE CURVE RADIUS DELTA LENGTH C1 49.50 1000'00" 8.64 C2 34.50 49'36'52" 29.87 C3 35.00 54'51 33.51 C4 34.50 4710'53" 28.41 C5 25.00 90'30'40" 39.49 C6 7.97 52'43'37" 7.33 C7 27.77 4216'11" 20.65 C8 35.00 80'50'49" 49.39 C9 41.50 1000'00" 7.24 C10 20.00 4578'35" 15.88 C11 34.50 67'55'1 40.90 C12 29.50 94'54'36' 48.87 BUSH, ROED & HITCHINGS, INC. CIVIL ENGINEERS & LAND SURVEYORS 2009 MINOR AVE. EAST, SEATTLE, WA 98102 SHT 4 OF 4 1? 8 0- 93540508 FAX (206) 323 -7135 JOB NO 95254.08 SCALE 1" = 60' DRAWN JGW CHECKED JGW DATE 2 -12 -07 EASEMENT EXHIBIT SIDEWALK DEVELOPER'S PARCEL SOUTHCENTER SQUARE TUKWILA, KING COUNTY WASHINGTON SIDEWALK EASEMENT DESCRIPTION NEW PARCEL 1 (KOHL'S PARCEL) THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER AND OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 26, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 26; THENCE NORTH 88 ° 05'06" WEST ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER, A DISTANCE OF 2678.68 FEET TO THE EAST LINE OF SAID NORTHEAST QUARTER OF THE SOUTHWEST QUARTER; THENCE SOUTH 01 ° 13'01" WEST ALONG SAID EAST LINE 657.29 FEET; THENCE CONTINUING SOUTH 01 ° 13'01" WEST 24.50 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 88 ° 00'00" EAST 584.27 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 64.50 FEET, AND A CENTRAL ANGLE OF 89 ° 48'05 "; THENCE SOUTHEASTERLY AND SOUTHERLY ALONG SAID CURVE AN ARC DISTANCE OF 101.09 FEET; THENCE SOUTH 01 ° 48'05" WEST 277.39 FEET; THENCE NORTH 88 ° 00'00" WEST 18.85 FEET; THENCE NORTH 03 ° 40'46" EAST 8.69 FEET; THENCE NORTH 00 ° 32'49" WEST 38.26 FEET; THENCE NORTH 00 ° 56'12" EAST 10.61 FEET; THENCE NORTH 46 ° 07'12" EAST 7.16 FEET; THENCE SOUTH 88 ° 39'25" EAST 2.49 FEET TO THE BEGINNING OF A NON - TANGENT CURVE CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 24.50 FEET, A CENTRAL ANGLE OF 27 ° 39'51 ", AND TO WHICH A RADIAL LINE BEARS SOUTH 60 ° 32'04" EAST; THENCE NORTHERLY ALONG SAID CURVE AN ARC DISTANCE OF 11.83 FEET; THENCE NORTH O1 ° 48'05" EAST 203.29 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 54.50 FEET, AND A CENTRAL ANGLE OF 89 ° 48'05 "; THENCE NORTHWESTERLY AND WESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 85.42 FEET; THENCE NORTH 88 ° 00'00" WEST 275.32 FEET; THENCE SOUTH 02 ° 00'00" WEST 5.50 FEET; THENCE NORTH 88 ° 00'00" WEST 5.00 FEET; THENCE SOUTH 02 ° 00'00" WEST 5.00 FEET; THENCE NORTH 88 ° 00'00" WEST 50.32 FEET TO THE A POINT ON A NON - TANGENT CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 25.00 FEET, A CENTRAL ANGLE OF 19 ° 51'22 ", AND TO WHICH A RADIAL LINE BEARS NORTH 82 ° 47'34" EAST; THENCE NORTHWESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 8.66 FEET; THENCE SOUTH 82 ° 55'08" THENCE NORTH 53 ° 00'00" THENCE NORTH 88 ° 00'00" THENCE SOUTH 03 ° 45'20" THENCE SOUTH 47 ° 00'00" THENCE NORTH 88 ° 00'00" THENCE NORTH 02 ° 00'00" THENCE NORTH 86 ° 38'21" CONCAVE TO THE SOUTH, CENTRAL ANGLE OF 5 ° 21'39 "; THENCE EASTERLY ALONG SAID CURVE AN ARC DISTANCE OF 2.29 FEET; THENCE SOUTH 88 ° 00'00" EAST 66.05 FEET TO THE POINT OF BEGINNING; WEST 9.48 FEET; WEST 6.72 FEET; WEST 309.30 FEET; WEST 2.20 FEET; WEST 7.50 FEET; WEST 12.32 FEET; EAST 15.26 FEET; EAST 22.81 FEET TO A POINT ON A CURVE HAVING A RADIUS OF 24.50 FEET, AND A CONTAINING AN AREA OF 11,754 SQUARE FEET, OR 0.2698 ACRES, MORE OR LESS. SITUATE IN THE CITY OF TUKWILA, KING COUNTY, WASHINGTON. Page 1 of 2 • WIG PROPERTIES SOUTHCENTER SQUARE JOHANN G. WASSERMANN, P.L.S. BRH JOB NO. 95254.08 FEBRUARY 14, 2007 BUSH, ROED & HITCHINGS, INC. 2009 MINOR AVENUE EAST SEATTLE, WA 98102 (206) 323 -4144 UNE TABLE UNE LENGTH BEARING L1 584.27 S88'00 "E L2 277.39 SO148'05"W N88'00'00 "W L3 18.85 L4 8.69 NO3'40'46 "E 15 38.26 N0012'49 "W L6 10.61 N00'56'12 "E 17 7.16 N46'07'12 "E 18 2.49 S881925 "E L9 203.29 NO1'48'05 "E L10 275.32 N8800'00 "W L11 5.50 S02 00'00 "W L12 5.00 N88 00'00 "W L13 5.00 50200'00 "W L14 50.32 N88'00'00 "W 115 25.00 N82'4714 "E(R) L16 9.48 S82'55'08 "W L17 6.72 N5300'00 "W N8800'00 "W L18 309.30 L19 2.20 S03'4520 "W L20 7.50 S47'00'00 "W L21 12.32 N88'00'00 "W L22 15.26 NO200'00 "E L23 22.81 N861821 "E 124 66.05 588'00'00 "E CURVE TABLE CURVE RADIUS DELTA LENGTH C1 64.50 89'45'05" 101.09 C2 24.50 2739'51" 11.83 C3 54.50 89'48'05" 85.42 C4 25.00 19'51'22" 8.66 C5 24.50 571'39" 2.29 123 122 1 56 +00 I•-- -I - 05 L24 57 +00 TL 262304 -9076 FEDERATED DEPT. STORES INC. 58+00 59 +00 • POB NORTH ROAD L19 I . L20 11 SIDEWALK EASEMENT KOHL'S PARCEL L17 L16 C4 LI 60 +00 112 L11 113 BUSH, ROED & HITCHINGS, INC. CIVIL ENGINEERS & LAND SURVEYORS 2009 MINOR AVE. EAST, SEATTLE, WA 98102 (206) 323 -4144 FAX (206) 323 -7135 1 -800- 935 -0508 61+00 L10 SHT 1 OF 2 N LLI LA- Z 2 N H I W W cn 0 30 60 ( IN FEET ) 1 inch = 60 ft. JOB NO 95254.08 SCALE 1" = 60' DRAWN JGW CHECKED JGW DATE 2 -12 -07 EASEMENT EXHIBIT SIDEWALK - KOHL'S PARCEL SOUTHCENTER SQUARE TUKWILA, KING COUNTY WASHINGTON s N CO i Q o ce 0 z r MATCHLINE SEE SH T 1 OF 2 TL 262304 -9143 WASHINGTON REAL ESTATE HOLD. 575 ANDOVER PARK W. WEST LINE OF THE EAST 653.34 FEET OF NW 1/4 OF SE 1/4 - 1 00 +95 I - I 00+98 SIDEWALK EASEMENT EASEMENT FOR INGRESS AND EGRESS (EAST ROAD - PRIVATE) in N (DI D) 1 inch - 60 ft L9 KOHL'S PARCEL 0 0 30 60 4-- OO+1>8 C2 L8 L7J L6 L5 I 1 1 1 00+£8 BUSH, ROED & HITCHINGS, INC. CIVIL ENGINEERS & LAND SURVEYORS 2009 MINOR AVE. EAST, SEATTLE, WA 98102 (206) 323-4144 FAX (206) 323 -7135 1- 800 - 935 -0508 SH T 2 OF 2 JOB NO 95254.08 SCALE 1" = 60' DRAWN JGW CHECKED JGW DATE 2 -12 -07 EASEMENT EXHIBIT SIDEWALK - KOHL'S PARCEL SOUTHCENTER SQUARE TUKWILA, KING COUNTY WASHINGTON EASEMENT FOR INGRESS,EGRESS & UTILITIES (ISLAND NEW PARCEL 2) THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 26, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 26; THENCE NORTH 88 ° 05'06" WEST ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER, A DISTANCE OF 2678.68 FEET TO THE EAST LINE OF SAID NORTHEAST QUARTER OF THE SOUTHWEST QUARTER; THENCE SOUTH 01 ° 13'01" WEST ALONG SAID EAST LINE 657.29 FEET; THENCE NORTH 88 ° 00'00" WEST 412.77 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 82 ° 00'00" WEST 180.59 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 34.50 FEET AND A CENTRAL ANGLE OF 67 ° 55'14 "; THENCE NORTHWESTERLY ALONG SAID CURVE AN ARC LENGTH OF 40.90 FEET TO THE EAST RIGHT -OF -WAY MARGIN OF SOUTHCENTER PARKWAY; THENCE NORTH 01 ° 09'11" EAST ALONG SAID EAST RIGHT -OF -WAY MARGIN 15.71 FEET; THENCE SOUTH 88 ° 00'00" EAST 213.30 FEET TO THE POINT OF BEGINNING; CONTAINING AN AREA OF 3,773 SQUARE FEET, OR 0.0866 ACRES, MORE OR LESS. SITUATE IN THE CITY OF TUKWILA, KING COUNTY, WASHINGTON. Page 1 of 1 WIG PROPERTIES SOUTHCENTER SQUARE JOHANN G. WASSERMANN, P.L.S. BRH JOB NO. 95254.08 FEBRUARY 13, 2007 BUSH, ROED & HITCHINGS, INC. 2009 MINOR AVENUE EAST SEATTLE, WA 98102 (206)323 -4144 UNE TABLE UNE LENGTH BEARING Li 180.59 582'0000W L2 15.71 N01'0911"E S8800 L3 213.30 CURVE TABLE CURVE RADIUS DELTA I LENGTH C1 34.50 6755'14" I 40.90 I I EASEMENT FOR INGRESS, EGRESS & UTILITIES TL 262304-9077 FEDERATED DEPT. STORES INC. 17000 SOUTHCENTER PKWY ?vAtrZ/ "Aw ra A 1 51+0 L3 SIDEWALK DEVELOPERS PARCEL POB S 88'00'00" 52+00 53+00 --- I-- I NORT" R° A13 ‘ RIGHT-OF-WAY DEDICATION 54+00 e is BUSH, ROED & HITCHINGS, INC. CIVIL ENGINEERS & LAND SURVEYORS 2009 MINOR AVE. EAST, SEATTLE, WA 98102 (206) 323-4144 FAX (206) 323-7135 1-800-935-0508 55+ • I — 0 30 00 ( IN FEET ) 1 inch == 60 ft 56+00 JOB NO 95254.08 SCALE 1" = 60' DRAWN JGW CHECKED JGW DATE 2-12-07 EASEMENT EXHIBIT INGRESS, EGRESS & UTILITIES SOUTHCENTER SQUARE TUKWILA, KING COUNTY WASHINGTON 1 • EASEMENT FOR STREET USE THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 26, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 26; THENCE NORTH 88 ° 05'06" WEST ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER, A DISTANCE OF 2678.68 FEET TO THE WEST LINE OF SAID NORTHWEST QUARTER OF THE SOUTHEAST QUARTER; THENCE SOUTH 01 ° 13'01" WEST ALONG SAID EAST LINE 657.29 FEET; THENCE CONTINUING SOUTH 01 ° 13'01" WEST 24.50 FEET; THENCE SOUTH 88 ° 00'00" EAST 584.27 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 88 ° 00'00" EAST 28.90 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 35.50 FEET, AND A CENTRAL ANGLE OF 89 ° 48'05 "; THENCE SOUTHEASTERLY AND SOUTHERLY ALONG SAID CURVE AN ARC DISTANCE OF 55.64 FEET; THENCE SOUTH O1 ° 48'05" EAST 28.90 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 64.50 FEET, AND A CENTRAL ANGLE OF 89 ° 48'05 "; THENCE NORTHWESTERLY AND WESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 101.09 FEET TO THE POINT OF BEGINNING; CONTAINING AN AREA OF 617 SQUARE FEET, OR 0.0142 ACRES, MORE OR LESS. SITUATE IN THE CITY OF TUKWILA, KING COUNTY, WASHINGTON. WIG PROPERTIES SOUTHCENTER SQUARE JOHANN G. WASSERMANN, P.L.S. BRH JOB NO. 95254.08 FEBRUARY 13, 2007 BUSH, ROED & HITCHINGS, INC. 2009 MINOR AVENUE EAST SEATTLE, WA 98102 (206)323 -4144 0 0 co O. O Z TL 262304 -9143 WASHINGTON REAL ESTATE HOLD. 575 ANDOVER PARK W. I -1- — I Zl Ci P0B WEST LINE OF THE EAST 653.34 FEET OF NW 1/4 OF SE 1/4 00 +99 L2 RIGHT -OF -WAY DEDICATION SIDEWALK 10' 24.50' SIDEWALK 00 +S9 N 0 4- 00 +1-8 •ep EASEMENT FOR STREET USE ay e+ KOHL'S PARCEL 00+19 1 TL 262304 -9142 R2R INVESTMENTS LLC 575 ANDOVER PARK W. 1 1 1 1 I-- 1 o0 +ze EAST R RIVATE EASEMENT FOR INGRESS AND EGRESS (EAST ROAD -- PRIVATE) D EVELOPERS i PARCEL BUSH, ROED & HITCHINGS, INC. CIVIL ENGINEERS & LAND SURVEYORS 2009 MINOR AVE. EAST, SEATTLE, WA 98102 (206) 323-4144 FAX (206) 323 -7135 1- 800 -935 -0508 60 0 30 6 ( IN FEET) 1 inch = 80 ft. 00 +L9 SIDEWALK .0£ JOB NO 95254.08 SCALE 1" = 60' DRAWN JGW CHECKED JGW DATE 2 -12 -07 EASEMENT EXHIBIT STREET USE SOUTHCENTER SQUARE TUKWILA, KING COUNTY WASHINGTON UNE TABLE UNE LENGTH BEARING L1 28.90 588'00'00 "E L2 28.90 S01 '48'05'W CURVE TABLE CURVE RADIUS DELTA LENGTH C1 35.50 89'48'05" 55.64 C2 64.50 89'48'05" 101.09 0 0 co O. O Z TL 262304 -9143 WASHINGTON REAL ESTATE HOLD. 575 ANDOVER PARK W. I -1- — I Zl Ci P0B WEST LINE OF THE EAST 653.34 FEET OF NW 1/4 OF SE 1/4 00 +99 L2 RIGHT -OF -WAY DEDICATION SIDEWALK 10' 24.50' SIDEWALK 00 +S9 N 0 4- 00 +1-8 •ep EASEMENT FOR STREET USE ay e+ KOHL'S PARCEL 00+19 1 TL 262304 -9142 R2R INVESTMENTS LLC 575 ANDOVER PARK W. 1 1 1 1 I-- 1 o0 +ze EAST R RIVATE EASEMENT FOR INGRESS AND EGRESS (EAST ROAD -- PRIVATE) D EVELOPERS i PARCEL BUSH, ROED & HITCHINGS, INC. CIVIL ENGINEERS & LAND SURVEYORS 2009 MINOR AVE. EAST, SEATTLE, WA 98102 (206) 323-4144 FAX (206) 323 -7135 1- 800 -935 -0508 60 0 30 6 ( IN FEET) 1 inch = 80 ft. 00 +L9 SIDEWALK .0£ JOB NO 95254.08 SCALE 1" = 60' DRAWN JGW CHECKED JGW DATE 2 -12 -07 EASEMENT EXHIBIT STREET USE SOUTHCENTER SQUARE TUKWILA, KING COUNTY WASHINGTON EASEMENT FOR INGRESS AND EGRESS (EAST ROAD - PRIVATE) THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 26, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 26; THENCE NORTH 88 ° 05'06" WEST ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER, A DISTANCE OF 2678.68 FEET TO THE WEST LINE OF SAID NORTHWEST QUARTER OF THE SOUTHEAST QUARTER; THENCE SOUTH 01 ° 13'01" WEST ALONG SAID EAST LINE 657.29 FEET; THENCE SOUTH 88 ° 00'00" EAST 634.40 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 88 ° 00'00" EAST 38.90 FEET TO THE WEST LINE OF THE EAST 659.34 FEET OF SAID NORTHWEST QUARTER OF THE SOUTHEAST QUARTER; THENCE SOUTH 01 ° 48'05" WEST ALONG SAID WEST LINE 631.91 FEET TO THE NORTH RIGHT -OF -WAY MARGIN OF MINKLER BOULEVARD; THENCE NORTH 87 ° 54'26" WEST ALONG SAID NORTH MARGIN 35.56 FEET TO THE BEGINNING OF A NON- TANGENT CURVE CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 34.50 FEET, A CENTRAL ANGLE OF 47 ° 10'53 ", AND TO WHICH A RADIAL LINE BEARS SOUTH 40 ° 59'40" EAST; THENCE NORTHERLY ALONG SAID CURVE AN ARC DISTANCE OF 28.41 FEET; THENCE NORTH 01 ° 48'05" EAST PARALLEL WITH AND 24.50 FEET WESTERLY FROM SAID WEST LINE OF THE EAST 659.34 FEET OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER 546.64 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 35.50 FEET, AND A CENTRAL ANGLE OF 53 ° 45'28 "; THENCE NORTHWESTERLY ALONG SAID CURVE 33.31 FEET; THENCE NORTH 02 ° 00'00" EAST 31.30 FEET TO THE POINT OF BEGINNING; CONTAINING AN AREA OF 16,145 SQUARE FEET, OR 0.3706 ACRES, MORE OF LESS. SITUATE IN THE CITY OF TUKWILA, KING COUNTY, WASHINGTON. Page 1 of 1 WIG PROPERTIES SOUTHCENTER SQUARE JOHANN G. WASSERMANN, P.L.S. BRH JOB NO. 95254.08 FEBRUARY 13, 2007 BUSH, ROED & HITCHINGS, INC. 2009 MINOR AVENUE EAST SEATTLE, WA 98102 (206)323 -4144 UNE TABLE UNE LENGTH BEARING L1 38.90 S88'00'00 "E L2 35.56 N87'54'26 "W L3 31.30 NO2 00'00 "E CURVE TABLE CURVE RADIUS DELTA LENGTH C1 34.50 4710'53" 28.41 C2 35.50 53'45'28" 33.31, P08 r 4 262304 -9143 WAS INGTON REAL ESTATE HOLD. 575 NDOVER PARK W. WEST UNE OF THE EAST 653.34 FEET OF NW 1/4 0F SE 1/4 RIGHT -OF -WAY DEDICATION EASEMENT FOR INGRESS (EAS ROAD — PRIVATE) S 01'48'05" w 546.64 KOHL'S PARCEL O O N tri O N a) STA: 23 +27.76 _ PL 30.00 L STA: 80 +30.00 R2R INVESTMENTS LLC BEGIN EAST ROAD 575 ANDOVEj� P ,44. l0 S (PRIVATE ROAD) TL 262304-9142 631.91' lit ■NlillObM11011 1 s46 7.1■MINWINCII■ 'W ■1■■■■■•■11■■■• 4416. 11I NL. N 01'48 EASEMENT FOR INGRESS AND EGRESS (EAST ROAD - PRIVATE) DEVELOPERS PARCEL 1 60 1 BUSH, ROED & HITCHINGS, INC. CIVIL ENGINEERS & LAND SURVEYORS 2009 MINOR AVE. EAST, SEATTLE, WA 98102 (206) 323- 4144 FAX (206) 323-7135 1-800- 935- 0508 0 30 ea ( IN FEET 1 inch = 60 ft. 1 1 O 0 w + ct T JOB NO SCALE DRAWN CHECKED DATE 95254.08 1 " =60' JGW JGW 2 -12 -07 EASEMENT EXHIBIT EAST ROAD (PRIVATE) SOUTHCENTER SQUARE TUKWILA, KING COUNTY WASHINGTON • • EASEMENT FOR INGRESS, EGRESS & UTILITIES (EAST ROAD) THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 26, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 26; THENCE NORTH 88 ° 05'06" WEST ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER, A DISTANCE OF 2678.68 FEET TO THE WEST LINE OF SAID NORTHWEST QUARTER OF THE SOUTHEAST QUARTER; THENCE SOUTH 01 ° 13'01" WEST ALONG SAID EAST LINE 657.29 FEET; THENCE SOUTH 88 ° 00'00" EAST 634.40 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 88 ° 00'00" EAST 38.90 FEET TO THE WEST LINE OF THE EAST 659.34 FEET OF SAID NORTHWEST QUARTER OF THE SOUTHEAST QUARTER; THENCE SOUTH 01 ° 48'05" WEST ALONG SAID WEST LINE 631.91 FEET TO THE NORTH RIGHT -OF -WAY MARGIN OF MINKLER BOULEVARD; THENCE NORTH 87 ° 54'26" WEST ALONG SAID NORTH MARGIN 35.56 FEET TO THE BEGINNING OF A NON- TANGENT CURVE CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 34.50 FEET, A CENTRAL ANGLE OF 47 ° 10'53 ", AND TO WHICH A RADIAL LINE BEARS SOUTH 40 ° 59'40" EAST; THENCE NORTHERLY ALONG SAID CURVE AN ARC DISTANCE OF 28.41 FEET; THENCE NORTH 01 ° 48'05" EAST PARALLEL WITH AND 24.50 FEET WESTERLY FROM SAID WEST LINE OF THE EAST 659.34 FEET OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER 187.69 FEET; THENCE NORTH 88 ° 11'55" WEST 16.40 FEET; THENCE NORTH 01 ° 48'05" EAST 10.00 FEET; THENCE SOUTH 88 ° 11'55" EAST 16.40 FEET; THENCE NORTH 01 ° 48'05" EAST 242.66 FEET; THENCE NORTH 88 ° 11'55" WEST 16.40 FEET; THENCE NORTH 01 ° 48'05" EAST 10.00 FEET; THENCE SOUTH 88 ° 11'55" EAST 16.40 FEET; THENCE NORTH 01 ° 48'05" EAST 96.29 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 35.50 FEET, AND A CENTRAL ANGLE OF 53 ° 45'28 "; THENCE NORTHWESTERLY ALONG SAID CURVE 33.31 FEET; THENCE NORTH 02 ° 00'00" EAST 31.30 FEET TO THE POINT OF BEGINNING; CONTAINING AN AREA OF 16,473 SQUARE FEET, OR 0.3782 ACRES, MORE OF LESS. SITUATE IN THE CITY OF TUKWILA, KING COUNTY, WASHINGTON. WIG PROPERTIES SOUTHCENTER SQUARE JOHANN G. WASSERMANN, P.L.S. BRH JOB NO. 95254.08 FEBRUARY 13, 2007 BUSH, ROED & HITCHINGS, INC. 2009 MINOR AVENUE EAST SEATTLE, WA 98102 (206) 323 -4144 UNE TABLE UNE LENGTH BEARING L1 35.56 N87'54'26 "W L2 16.40 N8811'55 "W L3 10.00 N01'48'05"E L4 16.40 S8811'55 "E L5 16.40 N8811'55 - W L6 10.00 N01'48'05 "E L7 16.40 S8811'55 "E L8 31.30 NO2'00'00 "E L9 38.90 588'00'00 "E CURVE TABLE CURVE RADIUS DELTA LENGTH C1 34.50 4710'53" 28.41 C2 35.50 53'45'28' 33.31 P0B TL 262304 -9143 WASHINGTON REAL ESTATE HOLD. 575 ANDOVER PARK W. • a �\k 00+98 r u . L3 C1 ,OE WEST UNE OF THE EAST 653.34 FEET OF NW 1/4 OF SE 1/4 S 01'48'05" W __• 1111•11111.1•1101 _ ••• a_. 96.29 NO148'05 - E RIGHT —OF —WAY DEDICATION r ek s w EASEMENT FOR INGRESS, EGRESS AND UT1UTIES Q N 242.66' N01'48'05 "E KOHL'S PARCEL TL 262304 -9142 R2R INVESTMENTS LLC 575 ANDOVER PARK W. ������ _ 631.91' \fi r `` k_ —Ir. .._\� - OO +zs DEVELOPERS PARCEL EASEMENT FOR INGRESS, EGRESS AND UT1UTIES BUSH, ROED & HITCHINGS, INC. CIVIL ENGINEERS & LAND SURVEYORS 2009 MINOR AVE. EAST, SEATTLE, WA 98102 (206) 323 -4144 FAX (206) 323 -7135 1-800-935-0508 187.69 NO1'48'05 "E 0 30 60 (mFEET 1 finch = 60 ft. 1 1 1 JOB NO 95254.08 SCALE 1" = 60' DRAWN JGW CHECKED JGW DATE 2 -12 -07 EASEMENT EXHIBIT INGRESS, EGRESS & UTILITIES SOUTHCENTER SQUARE TUKWILA, KING COUNTY WASHINGTON Check items submitted with application Information Required. May be waived in unusual cases, upon approvar of oorn cyouu rr r/nw and Planning 1/ 1111 , j APPLICATION * "'1- ' mu MATERIALS: co , l j t ;, [7tvELOP V ' 1. Application Checklist (1 copy) indicating items submitted with application. 2L iT ,-' 2. Completed Application Form and drawings (4 copies). t EtIVE 7 3. One set of all plans reduced to 8 12" by 11" or 11 "x17 ". If \. 1/ 4. Completed and notarized Affidavit of Ownership and Hold Harmless Permission to Enter Property (1 copy attached). V 5. Application Fee — $1,000 to re44 & , - ,4 6. SEPA Environmental Checklist (for projects with 5 -9 lots or cut/fill over 500 cubic yards see SEPA Application Packet). PUBLIC NOTICE MATERIALS: Ak r 16^ a 7. If the project requires SEPA review or involves a BSIP of 5 —9 lots: Payment of a $365 notice board fee to FastSigns 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). Pt k c `kj ^ e 8. If the project involves a BSIP of 5 —9 lots: Payment of a $100 mailing label fee to the City of Tukwila or Provide one set of mailing labels for all property owners and tenants (residents or businesses) within 500 feet of the subject property. Note: Each unit in multiple family buildings --e.g. apartments, condos, trailer parks —must be included (see Public Notice Mailing Label Handout). Nve.406 4, 9. If the project involves a BSIP of 5 —9 lots: If providing own labels King County Assessor's map(s) which shows the location of each property within 500 ft. of the subject lot. a PROJECT DESCRIPTION AND ANALYSIS: 2cO 10. ft f C.. 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 filing (2 copies). 1 /P\ 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. 1•1 / P\ 12. Any required maintenance agreements, easements or other documents ready for recording. bv,e 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. �o^e 14. Provide two copies of sensitive area studies such as wetland or geotechnical reports if • • 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. The initial application materials allow starting project review and vesting the applicant's rights. However, they in no way limit the City's ability to require additional information as needed to establish consistency with development standards. City staff are available to answer questions about application materials at 206 - 431 - 3670 (Department of Community Development) and 206 -433 -0179 (Department of Public Works). P:\ Planning Forms\ Applications \ Bind ingsite - June 2006.doc 06/21/06 • Check items submitted with application Information Required. May be waived in unusual cases, upon approval of oorn Publrc works and Planning needed per Tukwila's Sensitive Areas Ordinance (TMC 18.45). See Customer Assistance Bulletin B4 for Geotechnical Report Guidelines (online at www. ci. tkwila. wa. us /pubwks/bulletins /cablist.pdf and Sensitive Area Special Study Guidelines (online at www.ci .tukwila.wa.us /dcd /dcdplan.htm) for additional information. . t,b 15. Provide recorded documents that identify the nature and extent of existing easements. See. SURVEY: a template is available from the City in AutoCAD format / VVV 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. (b) Leg descriptions o the existing and prop l ots. /(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 duplic -- Total lot or parcel sizes and average width of each proposed lot. ./ (g) Dash in required setback distances from all parcel lot lines. t / (h) Fire access lanes and turn - arounds per Fire Department standards. / (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. , (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. /(l) Vicinity Map with site location, does not have to be to scale. LANDSCAPE PLAN: ■DOnC 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 ". Vi pre (b) Show all existing trees to be retained and any tree protection measures required (for example fencing at drip line). SENSITIVE AREAS PLAN: b o' 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 ". bra e (b) Location of all required sensitive area buffers, setbacks tracts and protection measures. °..,e (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. ems" a (d) Show proposed lot and tract lines. CIVIL PLANS: ""bs= a 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 ". P\ planning Fortes\ Applications \Bi dingsite - June 2006.doc 06/21/06 Check items submitted with application NMI NOW- Information Required. May be waived in unusual cases, upon approval of both Public Works and Planning (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. .1- "o ie (c) Existing (dashed) and proposed (solid) topography at 2' intervals (minimum 5 ft. beyond the property line). (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. (g) Locate the nearest existing hydrant and all proposed hydrants. (h) Show the 100 yr. flood plain boundary and elevation as shown on FEMA maps. (i) Plan, profile and cross- section for any right -of - -way improvements. (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 (1) Show proposed lot and tract lines. P.\ Planning Forms\ Applications \ Bindingsite- June 2006.doG 06/21/06 On this day personally appeared before me K . W f r to me known to be the individual who executed the foregoing instnrment and acknowledged that he/she signed the same as r voluntary act and deed for the uses and purposes mentioned therein -r-� �7 SUBSCRIBED • + ;mot +tb� • )j, • BEFORE ME ON THIS I DAY OF Cam '`' , 20 �/ fs AFFIDAVIT OF OWNERSHIP AND HOLD HARMLESS PERMISSION TO ENTER PROPERTY STATE OF WASHINGTON COUNTY OF KING The undersigned being duly swom and upon oath states as follows: 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 tote 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 ,I? e; Sr-AA- 1,r r PKw 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 'G� 11 C vke (city), Litt ( sta on 5 LA t) 2 J o ,20 �C Print Name ` t� 1 � u ` qt Address ` E' It 1 •y'}■ "2 L 'sue 1 Phone Number 4125 / R 5 /y14, fC c ,3 .c P:\PlnlwngFonnnAApplicationslSP Director- June 2006.doc • CITY OF TUKWILA Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone: (206) 431 -3670 FAX (206) 431 -3665 E- mail: tukplan @ci.tukwila.wa.us Signature ss NOTARY PUBLIC in and for the State of Washington residing at My Commission expires on pp • RECE! VEO JUL • 18 2U07 COMMUNII . REC t`fl1'r 3 DEVELOPMENT /JUI. 1 CO.• r DEVELG, -14"NT April 6, 2006 LA ex APPLICATION NAME OF PROJECT/DEVELOPMENT: J '2{ i fi LOCATION OF PROJECT/DEVELOPMENT: Give street address or, ifvacant, indicate lot(s), block and subdivision, access street, and nearest intersection. 1 415 0 CITY OF TUKWILA Department of Community Development RaMilltOVEMENT 6300 Southcenter Boulevard , Tukwila, WA 98188 Telephone: (206) 431-3670 FAX (206) 431 -3665 �UL 1 431-3665 2001 LAN E -mail: tukplan @ci.tukwila.wa.us /7170 / 2s7 \i i x- KCv COMMiUly! i Y DEVELOPMENT U ALL TAX LOT NUMB RS (this information may be found on your tax statement). /264 — $ - 59O/ 19il • BINDING SITE 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: LC5 if) a Address: Ell 13 (I- (L SE 1 g e,l le�t� , Wq 5 Ccco` Phone: d-t 2 5 / i 5 " FAX: `I 2,5/ - g E -mail: I CSIItiQ LA Q t,.5 A pr\ S • Signature: 1//i Date: _ -4 P. \Fleming Forma\ Applications \Bidingsite - June 2006.do4 06/21/06 FOR STAFF USE ONLY Sierra Type P -BSIP Planner: File Number: L 0 - 1 _ c 50 Application Complete (Date: ) Project File Number: Application Incomplete (Date: ) Other File Numbers: a) 7 OT/ APPLICATION NAME OF PROJECT/DEVELOPMENT: J '2{ i fi LOCATION OF PROJECT/DEVELOPMENT: Give street address or, ifvacant, indicate lot(s), block and subdivision, access street, and nearest intersection. 1 415 0 CITY OF TUKWILA Department of Community Development RaMilltOVEMENT 6300 Southcenter Boulevard , Tukwila, WA 98188 Telephone: (206) 431-3670 FAX (206) 431 -3665 �UL 1 431-3665 2001 LAN E -mail: tukplan @ci.tukwila.wa.us /7170 / 2s7 \i i x- KCv COMMiUly! i Y DEVELOPMENT U ALL TAX LOT NUMB RS (this information may be found on your tax statement). /264 — $ - 59O/ 19il • BINDING SITE 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: LC5 if) a Address: Ell 13 (I- (L SE 1 g e,l le�t� , Wq 5 Ccco` Phone: d-t 2 5 / i 5 " FAX: `I 2,5/ - g E -mail: I CSIItiQ LA Q t,.5 A pr\ S • Signature: 1//i Date: _ -4 P. \Fleming Forma\ Applications \Bidingsite - June 2006.do4 06/21/06 RECEIVE" CITY OF TUKWILA JUL 1 3 200 BOUNDARY LINE Department of Community Develos * i M P N IQ I N 6300 SoutlrcenterBoulevard, Tukwila, � a • • ADJUSTMENT/LOT Telephone: (206) 431 -3670 FAX (206) 431 -3665 E - mail: tukplan ci.tukwila.wa.us CONSOLIDATION NAME OF PROJECT/DEVELOPMENT:a' 77/ LOCATION OF PROJECT/DEVELOPMENT: Give street address or, if vacant, indicate lot(s), block and subdivision, access street, and nearest intersection. / O , 1 i2ss c0 1i t/ LIST ALL TAX LOT NUMBERS (this information may be found on your tax statement). A2g 04- -- Po ec.) -- 9od'/ —, /f DEVELOPMENT COORDINATOR : The individual who: • has decision making authority on behalf of the owner /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: Lc yG i c� Address: LISA i34* PL Ste &AIeA one. WP+ °\ Oo6 Phone: t2'D c 1 S1 -'y-774- FAX: 4 4S6b ()'t$ E -mail: w�l rr,�t�i�S Signature: Date: - 16- P:Planning Fonns ApplicationstBLA- LC-12 -06.doc December 4, 2006 FOR STAFF USE ONLY Permits Plus Type: P- BLA/LC Planner. File Number: Application Complete (Date: ) Project File Number: Application Incomplete (Date: ) Other File Numbers: RECEIVE" CITY OF TUKWILA JUL 1 3 200 BOUNDARY LINE Department of Community Develos * i M P N IQ I N 6300 SoutlrcenterBoulevard, Tukwila, � a • • ADJUSTMENT/LOT Telephone: (206) 431 -3670 FAX (206) 431 -3665 E - mail: tukplan ci.tukwila.wa.us CONSOLIDATION NAME OF PROJECT/DEVELOPMENT:a' 77/ LOCATION OF PROJECT/DEVELOPMENT: Give street address or, if vacant, indicate lot(s), block and subdivision, access street, and nearest intersection. / O , 1 i2ss c0 1i t/ LIST ALL TAX LOT NUMBERS (this information may be found on your tax statement). A2g 04- -- Po ec.) -- 9od'/ —, /f DEVELOPMENT COORDINATOR : The individual who: • has decision making authority on behalf of the owner /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: Lc yG i c� Address: LISA i34* PL Ste &AIeA one. WP+ °\ Oo6 Phone: t2'D c 1 S1 -'y-774- FAX: 4 4S6b ()'t$ E -mail: w�l rr,�t�i�S Signature: Date: - 16- P:Planning Fonns ApplicationstBLA- LC-12 -06.doc December 4, 2006 20080923001101 phone (206) 4314670 FAX (206) 431-3685 / Email: Ian ila.wa.us BINDING SITE IMPROVEMENT PLAN NO. L07 -050 DECLARATION Know all men by these present that we, the undersigned, owners) in fee simple of the land herein described do hereby make a Binding Site Improvement Plan thereof pursuant to RCW 58.17.035. 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. Wig Properties LLC-SS, A Washington Limited Liability Company Name:�Rt..... � • W t STATE OF WASHINGTON County of King U����.��[,.�� '. 1 On this day personally appeared before .me! I N IC r "tNC ie. w1/ Q� to me known to be the individual who executed the within and foregoing ins ent and acknowledged that he/she signed the same as his/her voluntary act and decd -for the uses and purposes therein mentioned. GIVEN under my hand and official seal this /.` 7 q (j day q 20 0 e Notary Poetic Stale of WasMngtan MARIA £ LUNA !y Appointment t Eupres lap 1.2010 LAND SURVEYOR'S CERTIFICATE ann O' Wassermann, P.L.S. 33139 SURVEY IN NW 1/4 OF SE 1/4, AND NE 1/4 OF SW 1/4 OF SECTION 26, T. 23N., R.4E., W.M., IN KING COUNTY, WASHINGTON Signature: r�L /t J I meascommissioned:AAa.I is E. LK./n iBa: ICJ 0 I i i ID My appointment expires: e I, Johann G. Wassermann, 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 comers staked on the ground as depicjpd on the plat. MOW BUSH, ROED & HITCHINGS, INC. CIVIL ENGINEERS & LAND SURVEYORS 2009 MINOR AVE. EAST (206) 323 -4144 SEATTLE. WA 98102 111111 111 20080923001101 YIG PROPER RAT 116.00 Sup d Rea and ei l MOM e9/23/28e8 K COUNTY, King County Manager OWNER(S): WIG PROPERTIES LLC-SS ADDRESS: 4811 -134Th PLACE SE PHONE (425) 957 -4774 CITY/STATE/ZIP: BELLEVUE. WA 88008 APPROVALS KING CO FINANCE I certify that a • roperty to pay the taxes he certified to this office herein dedicated as s This King Coun reasurer KING COUNTY ASSESSOR'S APPROVAL Examined and approved by the Department of Assessments this a3'd day of King County Parcel Number(s) TUKWILA SHORT SUBDIVISION COMMITTEE APPROVAL Reviewed and approved by the Short Subdivision Committee and hereby certified for filing f s S Chairp DRAWN BY JGW CHECKED BY JGW DIVISION taxes a paid and that a deposit has been made In sufficient amount follow g year that there are no delinquent special assessments ection; and that all special assessments on any of the property alleys, or for other public use are paid In full. day o 20 on, Short Subdivision Committee NO SCALE Deputy King County Treasurer 20' 6 s>"or 1 " ++ Deputy r day of Zutj , 200 8 WA VICINITY MAP BINDING SITE IMPROVEMENT PLAN SOUTHCENTER SQUARE DATE JULY 2007 MINKLER BLVD. SITE JOB NUMBER 95254.08 SHEET ne 6 0 0" m..y are r rA BINDING SITE IMPROVEMENT PLAN NO. L07 -050 LEGAL DESCRIPTION DOSiNNG PARCEL THAT POR1104 OF THE NORTHWEST QUARTER OF TIKE SOUTHEAST QUARTER AND OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 28, TOWNSHIP 23 NORM RANGE 4 EAST. W.M.. DESCRIBED AS FOLLOWS: COMMENDING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 26; THENCE NORTH 880506' WEST ALONG THE NORM UNE OF SAID SOUTHEAST QUARTER A DISTANCE OF 2878.88 FEET TO THE EAST UNE OF SAID NORTHEAST QUARTER OF THE SOUTHWEST QUARTER; THENCE SOUTH 01930" WEST ALONG SAID EAST UNE 657.29 FEET TO THE PENT OF BEGINNING THENCE SOUTH 880000' EAST 673.30 FEET TO THE WEST LINE OF THE EAST 659.34 FEET OF SAID NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 26; THENCE SOUTH 01 4805' WEST ALONG SAID WEST UNE 631.91 FEET TO THE NORTHERLY RIGHT -OF -WAY MARGIN OF WINKLER BOULEVARD. AS CONVEYED TO THE CITY OF TUKWILA BY DEED RECORDED AUGUST 29. 1994 UNDER RECORDING NUMBER 9408290323; THENCE NORTH 8754'26' WEST ALONG SAID NORTHERLY RIGHT -OF -WAY MARGIN 666.41 FEET; THENCE NORTH 6755'1T WEST ALONG SAID THE NORTHERLY RIGHT -OF- WAY MARGIN OF TIMER BOULEVARD. AS CONVEYED TO THE CRY OF TUKWILA BY DEEDS RECORDED AUGUST 29. 1994 UNDER RECORDING NUMBER 9408290323 AND RECORDING NUMBER 9408290324, 625.83 FEET TO THE EASTERLY RIGHT -OF -WAY MARGIN OF SOUTHCENTER PARKWAY; THENCE NORTH 0110911' EAST ALONG SAID EASTERLY RIGHT -OF -WAY MARGIN 630.04 FEET; THENCE 8800'00' EAST 626.07 FEET TO THE POINT OF CONTAINING AN AREA OF 817,516 SQUARE FEET. OR 187676 ACRES MORE OR LESS. 91UA1E N THE OTY OF TUKWILA. KING COUNTY. WASHINGTON. (A.K.A. REVISED PARCEL A. CM' OF TUKWILA BOUNDARY LINE ADJUSTMENT NUMBER L07 -049. RECORDED UNDER RECORDING NUMBER 20080423900015. IN KING COUNTY. WASHINGTON). City of Tukwila Department of Community Development 6300 Southcenter Boulevard, Tukwila. WA 98188 Telephone (206) 431-3670 FAX (206) 431-3665 E-mai: tukplan(tukwila.wa.us LEGAL DESCRIPTION NEW PARCEL 1 (KOHL'S PARCEL) THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER AND OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 26. TOWNSHIP 23 NORTH. RANGE 4 EAST. W.L. DESCRIBED AS FOLLOWS COMMDIONG AT THE NORTHEAST CORNIER OF THE SOUTHEAST QUARTER OF SAID SECTION 28; THENCE NORTH 88'0506' WEST ALONG THE NORTH UNE OF SAID SOUTHEAST QUARTER. A DISTANCE OF 2678.68 FEET TO THE EAST UNE OF SAID NORTHEAST QUARTER OF THE SOUTHWEST QUARTER; THENCE SOUTH 0193'01' ZEST ALONG SAID EAST UNE 857.29 FEET: THENCE CONTINUING SOUTH 0113'01' WEST 24.50 FEET TO THE PONT OF BEGINNING 1HDICE SOUTH 8800'00' EAST 613.17 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 35.50 FEET. AND A CENTRAL ANGLE OF 89'4807; THENCE SOUTHEASTERLY AND SOUTHERLY ALONG SAID CURVE AN ARC DISTANCE OF 55.84 FEET; THENCE SOUTH 014805' WEST 306.29 FEET; THENCE NORTH 8800'00' WEST 380.78 FEET; THENCE SOUTH 0"0000' WEST 16.33 FEET; THENCE NORTH 8800'00' WEST 360.00 FEET: THENCE NORTH 0200'00' EAST 355.76 FEET; THENCE NORTH 867721' EAST 22.81 FEET 70 THE BEGINNING OF A CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 24.50 FEET, AND A CENTRAL ANGLE OF 0521'39'; THENCE EAS1ERLY ALONG SAID CURVE AN ARC DISTANCE OF 2.29 FEET ENCE TH E 11 SOWN 680000' EAST 66.05 FEET TO INC PONT OF TOGETHER WITH AN EASEMENT FOR INGRESS. EGRESS (BAU04 DRIVE, A PRIVATE ROAD WAY) ACROSS THAT PORTION OF THE NORTHWEST QUARTER OF INC SOUTHEAST QUARTER OF SECTION 26. TOWNSHIP 23 NORTH, RANGE 4 EAST. VOL, DESCRIBED AS FOLLOWS COMMENDING AT THE NORTHEAST CORNIER OF 'ME SOUTHEAST QUARTER OF SAID SECTION 26: THENCE NORTH 8805'06' WEST ALONG THE NORTH UNE OF SND SOUTHEAST QUARTER. A DISTANCE OF 2678.68 FEET TO INC HEST L''NE OF SAND NORTHWEST QUARTER OF THE SOUTHEAST QUARTER THENCE SOUTH 0113'01' WEST ALONG SAID EAST UNE 857.29 FEET: THENCE SOUTH 88'0000' EAST 634.40 FEET TO THE POINT OF REGINNINM THENCE CONiNUNG SOUTH 86'00'00' EAST 38.90 FEET 10 THE WEST UNE OF THE EAST 859.34 FEET OF SAID NORTHWEST QUARTER OF THE SOUTHEAST QUARTER THENCE SOUTH 01'48'05'. WEST ALONG SAID WEST LNE 631.91 FEET 10 THE NORTH RIGHT-OF-WAY MARGIN OF MNKLER BOULEVARD: THENCE NORTH 87'54'26' WEST ALONG SAID NORTH MARGIN 35.56 FEET TO THE BEGINNING OF A NON - TANGENT CURVE CONCAVE 10 THE NORTHWEST. HAVING A RADIUS OF 34.50 FEET, A CENTRAL ANGLE OF 471053'. AND 10 MICH A RADIAL UNE BEARS SOUTH 4039'40' EAST: THENCE NORTHERLY ALONG SAID CURVE AN ARC DISTANCE OF 28.41 FEET; THENCE NORTH 0148'05' EAST PARALLEL WITH AND 24.50 FEET WESTERLY FROM SAID WEST UNE Of THE EAST 659.34 FEET OF THE NORTHWEST QUARTER OF INC SOUTHEAST QUARTER 546.64 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS CF 35.50 FEET. AND A CENTRAL ANGLE OF 5•45'28'; THENCE NORTHWESTERLY ALONG SAID CURVE 33.31 FEET; THENCE NORTH 02'00'00' EAST 31.30 FEET TO THE PONT OF BEGINNING SAID BAUCH DRIVE WALL REMAIN PRIVATE UNTIL SUCH TIME THAT THE OTY OF TUKWILA REQUESTS THE ROAD BECOMES A PUBLIC RIGHT -OF- WAY. AND TOGETHER WITH 'ME BENIFITS AND EASEMENTS CONTAINED IN INC RECIPROCAL EASEMENT AGREEMENT DATED OCTOBER 20, 2008 AND RETARDED UNDER RECORDING NQ 2006102000160 N KING COUNTY. WASHINGTON 00NTAIWNG AN AREA OF 258,482 SQUARE FEET, OR 59339 ACRES. MORE OR LESS. SITUATE IN THE CITY OF 1UKW1.A, KING COUNTY, WASHINGTON. NEW PARCEL 2 (OEVELOPDYS PARCEL) THAT PORTION OF THE NORTHWEST QUARTER OF INC SOUTHEAST QUARTER AND OF 'IHE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 26, TOMS IP 23 NORTH. RANGE 4 EAST, VOL. DESCRIBED AS FOLLOWS COMMENCING AT THE NORTHEAST CORNIER OF THE SOUTHEAST QUARTER OF SAID SECTION 26; THENCE NORTH 880506' WEST ALONG 114E NORTH UNE OF SAID SOUTHEAST QUARTER A DISTANCE OF 2678.68 FEET TO THE EAST UNE OF SAID NORTHEAST QUARTER OF THE SOUTHWEST QUARTER THENCE SOUTH 011301' WEST ALONG SAID EAST UNE 657.29 FEET TO A PONT HEREINAFTER REFERRED TO AS PONT 'A': 1NENCE CONTINUING SOUTH 011701' WEST 24.50 FEET: THENCE NORTH 880000' WEST 6805 FEET TO THE BEGINNING OF A CURVE COIGNE TO INC SOUTH HAVING A RADIUS OF 24.50 FEET, AND A CENTRAL ANGLE OF 05'21'37; THENCE WESTERLY ALONG SAID CURVE AN ARC DISATANCE OF 2.29 FEET: THENCE SOUTH 8878'21' WEST 22.81 FEET TO THE POINT OF BEGNNNN. INENCE CONTINUING SOUTH 883721' WEST 57.15 FEET: THENCE SOUTH 8824'2" WEST 108.03 FEET; THENCE NORTH 8734'47 NEST 68.61 FEET: THENCE NORTH 88'00'00' WEST 100.99 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTH. HAVING A RADIUS OF 49.50 FEET, AND A CENTRAL ANGLE OF 109007; THENCE WESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 844 FEET; THENCE SOUTH 82'0000' WEST 170.24 FEET TO THE BEG1NNING OF A CURVE' CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 34.50 FEET. AND A CENTRAL ANGLE OF 4878'5"; THENCE SOUTHWESTERLY ALONG SAID CURVE AN ARC LENGTH OF 29.87 FEET TO THE EAST RIGHT - OF-WAY MARGIN OF SOWN:ENTER PARKWAY; THENCE SOUTH 070911' WEST ALONG SAID EAST RIGHT -OF -WAY MARGIN 520.63 FEET TO THE BEGINNING OF A NON - TANGENT CURVE CONCAVE ' TO THE NORTHEAST. HAVING A RADIUS OF 35.00 FEET, A CENTRAL ANGLE OF 54'51'47, AND TO *UCH A RADIAL UNE BEARS SOUTH 5656'42' WEST; THENCE SOUTHEASTERLY ALONG SAM CURVE AN ARC DISTANCE OF 33.51 FEET: THENCE SOUTH 8755'04' EAST 792.07 FEET; THENCE SOUTH 85'3816' EAST 80.71 FEET TO THE NORTH RIGHT-OF- WAY MARCH 01' W11QER BOULEVARD; THENCE SOUTH 87•418' EAST ALONG SAID NORTH R1017-0E-WAY MARGIN 391.20 FEET TO INC WEST UNE OF THE EAST 859.34 FEET OF SAID NORTHWEST QUARTER OF THE SOUTHEAST QUARTER THENCE NORTH Ol' 4805' EAST ALONG SAID WEST LINE 631.91 FEET; THENCE NORTH 88000D' WEST 38.90 FEET: THENCE SOUTH 020700' WEST 31.30 FEET TO A POINT ON A NON - TANGENT CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 35.50 FIT, A CENTRAL ANGLE OF 53'45'28'. AND TO WHICH A RADIAL UNE BEARS NORTH 38'02'37' EAST: THENCE SOUTHEASTERLY ALONG SAID CURVE AN ARC DISTANCE OF 33.31 FEET; THENCE SOUTH 014805. VEST 306.29 FEET; 1HEt4CE NORTH 811'00'00• WEST 380.78 FEET; THENCE SOUTH 0200'00' WEST 16.33 FEET 11HDME NORTH 8850'00' WEST 380.00 FEET; THENCE NORTH 02'00'00' EAST 355.78 FEET TO THE POINT OF BEGINNING TOGETHER WITH THAT PORTION OF SAID NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 26; COMMENCING AT AFOREMENTIONED POINT 'A'; THENCE NORTH 880000' WEST 412.77 FEET ID THE POINT OF BEGINNING THENCE SOUTH 82110'00' WEST 180.59 FEET TO 'INC BEGINNING OF A CURVE CONCAVE TO 111E NORTHEAST, HAVING A RADIUS OF 34.50 FEET AND A CENTRAL ANGLE OF 67'5514'; THENCE NORTHWESTERLY ALONG SAID CURVE AN ARC LENGTH OF 40.90 FEET TO THE EAST RIGHT -CF -WAY MARGIN OF SOUTHCENTER PARKWAY; THEME NORTH 01'0911' EAST ALONG SAID EAST RIGHT -OF -WAY MARGIN 15.71 FEET: THENCE SOUTH 8800'00' EAST 213.30 FEET TO THE POINT OF BEGINNING SUBJECT TO AN EASEMENT FOR INGRESS. EGRESS (BAUCH DRIVE., A PRIVATE ROAD WAY) ACROSS THAT PORTION OF INC NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 28. TOWNSHIP 23 NORTH. RANGE 4 EAST. WAS, DESCRIBED AS FOLLOWS COMMENCING AT INC NORTHEAST CORNIER OF INC SOUTHEAST QUARTER OF SAM SECTION 26; THENCE NORTH 88'0506' WEST ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER. A DISTANCE OF 287888 FEET TO THE WEST UNE OF SAID NORTHWEST QUARTER OF THE SOUTHEAST QUARTER THENCE SOUTH 011301' WEST ALONG SAID EAST LINE 657.29 FEET; THENCE SOUTH 8800'00' EAST 834.40 FEET TO THE PONT OF 8EGNNIN6 THENCE CONTINUING SOUTH 68'0900' EAST 38.90 FEET TO THE WEST UNE OF THE EAST 659.34 FEET OF SAID NORTHWEST QUARTER OF THE SOUTHEAST 9UARi88 THENCE SOUTH 014905' HEST ALONG SAM VEST UNE 631.91 FEET TO THE NORM RIGHT -OF -WAY MARGIN OF MIN1QER BOULEVARD; THENCE NORTH 8754'26' NEST ALONG SND NORTH MARGIN 35.56 FEET TO INC 8801/610 OF A NON - TANGENT CURVE CONCAVE TO 'INC NORTHWEST. HAVING A RADIUS OF 34.50 FEET. A CENTRAL ANGLE OF 479953'. AHD TO WHICH A RADIAL UNE BEARS SOUTH 40'59'40' EAST; DIME NORTHERLY AL0 40 SAID CURVE AN ARC DISTANCE OF 28.41 FEET; iHENCE NORTH 014805' EAST PARALLEL WITH AND 24.50 FEET WESTERLY FROM SAID WEST UNE OF THE EAST 859.34 FEET OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER 546.84 FEET TO THE BEGNNDIG OF A CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 35.50 FEET. AND A CENTRAL ANGLE OF 53'45'28'; THENCE NORTHWESTERLY ALONG SAID CURVE 33.31 FEET; THENCE NORTH 02'00'00' EAST 31.30 FEET TO THE POINT OF SAID BAUCH DRIVE WILL RERAN PRIVATE UNTIL SUCH TINE THAT THE OW OF TUKWILA REQUESTS THE ROAD BECOMES A PUBLIC RIGHT -OF- WAY. AND TOGETHER WITH THE BD4111T5 AND EASEMENTS CONTAINED IN THE RECIPROCAL EASEMENT AGREEMENT DATED OCTOBER 20, 2006 AND RECORDED UNDER RECORDING N0. 2006102000160 N KING COUNTY, WASHINGTON. CONTAINING AN AREA OF 515,518 FEET, CR 11.8576 ACRES MORE OR LESS. SITUATE N THE 01Y OF TUKWILA, KING COUNTY. WASHINGTON. ( VOLUME PAGE RIGHT -CAF -WAY DEDICATION (RIG BOULEVARD) THAT PORTION OF THE NORTHWEST QUARTER OF INC SOUTHEAST QUARTER AND OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 26, TOWNSHIP 23 NORTH, RANGE 4 EAST. VOL. DESCRIBED AS FOLLOWS: COYNEi40NG AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 28; THENCE NORTH 880508' WEST ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER. A DISTANCE OF 2678.68 FEET TO INC EAST UNE OF SAID NORTHEAST QUARTER OF THE SOUTHWEST QUARTER: THENCE SOUTH 0113101' WEST ALONG SAID EAST UNE 657.29 FEET TO THE POINT OF BEGIN/11NR THENCE SOUTH 88'0900' EAST 834.40 FEET; THENCE SOUTH 0200'00' WEST 31.30 FEET 70 A POINT ON A NON - TANGENT CURVE CONCAVE TO THE SOUTHWEST. HAVING A RADIUS OF 35.50 FEET, A CENTRAL ANGLE OF 3802'37'. AND TO WHICH A RADIAL UNE BEARS NORTH 380737' EAST: THENCE NORTMESTERLY AND WESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 22.33 FEET: 'THOME NORTH 880000' WEST 679.22 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTH. HAVING A RADIUS OF 24.50 FEET. AND A CDITRAL ANGLE OF 05'21'37; THENCE WESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 2.29 FEET; THENCE SOUTH 8678'21' WEST 79.96 FEET THENCE SOUTH 8644'22' WEST 10803 FEET; THENCE NORTH 89'34'48' WEST 68.81 FEET: THENCE NORTH 880000' WEST 100.99 FEET TO THE BECOMING OF A CURVE CONCAVE TO THE SOUTH. HAVING A RADIUS OF 49.50 FEET. AND A CENTRAL ANGLE OF 1000'07; THENCE WESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 8.64 FEET; THENCE SOUTH 8200'00' WEST 170.24 FEET 10 THE BEGINNING OF A CURVE CONCAVE TO 111E SOUTHEAST. HAVING A RADIUS OF 34.50 FEET. AND A CENTRAL ANGLE OF 4878'52% THENCE SOUTHWESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 29.87 FEET TO THE EAST RIGHT -OF -WAY MARGIN OF SOUTHCENTER PARKWAY: THENCE NORTH 010911' EAST ALONG SAND EAST RIGHT -OF -WAY MARGIN 75.64 FEET TO THE BEGINNING OF A NON- TANGENT CURVE CONCAVE TO INC NORTHEAST. HAVING A RADIUS OF 34.50 FEET. A CENTRAL ANGLE OF 875514'. AND 70 04104 A RADIAL UNE BEARS SOUTH 595514' WEST; THENCE SOUTHEASTERLY ALONG SAID CURVE AN ARC DISTANCE OF 40.90 FEET; 114ENCE NORTH 8200'00' EAST 180.59 FEET; SOUTH 680000' EAST 412.77 FEET To THE POINT OF BEGINNINQ CONTAINING AN AREA OF 39.857 SQUARE FEET. OR 0.9104 ACRES. MORE OR LESS • SITUATE IN THE CITY OF 7UKWLA, KING COUNTY. WASHINGTON. RIGHT-OF-WAY DEDICATION (100QER 80ULEVAIM) THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER AND OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 26. TOWNSHIP 23 1108114. RANGE 4 EAST. WAN.. LYING SOUTHERLY OF THE FOLLOWING DESCRIBED LANE COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 26; THENCE NORTH 8805'06' WEST A1.040 THE NORTH UNE OF SAID SOUTHEAST QUARTER A DISTANCE OF 267868 FEET TO THE EAST UNE OF SAID NORTHEAST QUARTER OF THE SOUTHWEST QUARTER; THENCE SOUTH 011301' VEST ALONG SAID EAST UNE 657.29 FEET; THENCE SOUTH 880000' EAST 673.30 FEET TO THE VEST UNE OF THE EAST 659.34 FEET OF SAID NORTHWEST QUARTER OF THE SOUTHEAST QUARTER; THENCE SOUTH 0148'03' WREST ALONG SAID WEST LINE 631.91 FEET TO 'INC NORTH RIGHT -OF -WAY MARGIN OF WNKLER BOULEVARD; THENCE NORTH 8754'28' WEST ALONG SAID NORTH RIGHT -OF -WAY MARGIN 391.20 FEET TO THE BEGINNING OF THIS DESCRIBED LINE: THENCE NORTH 857816' WREST 80.71 FEET: THENCE NORTH 87•5'04' WEST 792.07 FEET TO THE BEMIRING OF A CURVE CONCAVE TO THE NORTHEAST. HAVING A RADIUS OF 35.00 FEET. AND A CENTRAL ANGLE OU 5431'47; THENCE NORTHWESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 33.51 FEET TO THE EAST RIGHT -OF -WAY MARGIN OF SOUTHCENIFR PARKWAY AND IEt11NUS OF THIS DESCRIBED UNE; CONTAINING AN AREA OF 2.860 SQUARE FEET. OR 0.0656 ACRES. MORE OR LESS SITUATE IN THE CITY OF 7UKWLLA. KING COUNTY, WASHINGTON. CONTINUE SHEET 3 BINDING SITE IMPROVEMENT PLAN SOUTHCENTER SQUARE NOV 0 b 2008 COMMUN:T/ 0" e). oewtg ®% U Depa rtm ent of Co mmunity Dev elo pme nt 6300 Southcenter Boulevard, T WA 98188 Telephone (206) 431-3670 FAX (206) 4313665 E-mail: tukplanatukwHa.wa.us BINDING SITE IMPROVEMENT PLAN NO. L07 -050 EASEMENT tEGAL DESCRIPTION EASEMENT FOR WGRESS.EGRESS & UTIUTIES (ISLAND NEW PARCEL 2) THAT PORTION OF 114E NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 26. TOWNSHIP 23 NORTH. RANGE 4 EAST. W.M.. DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 26; THENCE NORTH 889506' WEST ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER A DISTANCE OF 2678.68 FEET TO 114E EAST UNE OF SAID NORTHEAST QUARTER OF THE SOUTHWEST QUARTER; THENCE SOUTH 0113'01' WEST ALONG SAID EAST UNE 657.29 FEET: THENCE NORTH 881010' WEST 412.77 FEET TO 114E POINT OF BEGINNING THENCE SOUTH Br00 00 WEST 180.59 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 34.50 FEET AND A CENTRAL ANGLE OF 675514'; THENCE NORTHWESTERLY ALONG SAID CURVE AN ARC LENGTH OF 40.90 FEET 70 THE EAST RIGHT -OF -WAY MARGIN OF SOUTHCENTER PARKWAY; THENCE NORTH 010911' EAST ALONG SAID EAST RIGHT -OF -WAY MARGIN 15.71 FEET: THENCE SOUTH 889000' EAST 213.30 FEET 10 THE POINT OF BEGINNWC, CONTAINING AN AREA OF 3.773 SQUARE FEET. OR 0.0866 ACRES. MORE OR LESS. SITUATE IN THE OTT OF TUKWILA. KING COUNTY, WASHINGTON. EASEMENT FOR INGRESS. EGRESS & UTEI.ITIES THAT POR1104 OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 26. TOWNSHIP 23 NORTH. RANGE 4 EAST, VAIN.. DESCRIBED AS FCLLOWSc COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 26; THENCE NORTH 8895108' NEST ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER. A DISTANCE OF 2678.68 FEET TO THE NEST LINE OF SAID NORTHWEST QUARTER OF THE SOUTHEAST QUARTER: THENCE SOUTH 011311' WEST ALONG SAID EAST UNE 657.29 FEET: THENCE SOUTH 680010 EAST 634.40 FEET 70 THE PANT OF BEGINNING THENCE CONTINUING SOUTH 889000 EAST 38.90 FEET To THE WEST UNE OF THE EAST 659.34 FEET OF SAID NORTHWEST QUARTER OF THE SOUTHEAST QUARTER: THENCE SOUTH 0146 WEST ALONG SAID WEST UNE 631.91 FEET TO THE NORTH EIGHT -OF -WAY MARGIN OF MINKLER BOULEVARD: THENCE NORTH 875426' WEST ALONG SAID NORTH MARGIN 35.56 FEET TO THE I:IM NG OF A NON - TANGENT CURVE CONCAVE TO THE NORTHWEST. HAVING A RADIUS OF 34.50 FEET. A CENTRAL ANGLE CF 4710'53'. AND TO WINCH A RADIAL UNE BEARS SOUTH 40'59'40 EAST: THENCE NORTHERLY ALONG SAID CURVE AN ARC DISTANCE OF 26.41 FEET; THENCE NORTH 0148 EAST PARALLEL VIM AND 24.50 FEET WESTERLY FROM SAID NEST UNE OF THE EAST 659.34 FEET OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER 187.69 FEET; THENCE NORTH 8811'55• WEST 16.40 FEET: THENCE NORTH 0148'05' EAST 10.00 FEET; THENCE SOUTH 8811 EAST 16.40 FEET; THENCE NORTH 014805 EAST 242.88 FEET; THENCE NORTH 8811'55 WEST 16.40 FEET; THENCE NORTH 0148'05' EAST 10.00 FEET; THENCE SCUM 8811'55' EAST 16.40 FEET; THENCE NORTH 014815' EAST 96.29 FEET 70 THE BEGINNING Of A CURVE CONCAVE TO THE SOUTHWEST. HAVING A RADIUS OF 35.50 FEET, AND A CENTRAL ANGLE OF 53 THENCE NORTHWESTERLY ALONG SAID CURVE 33.31 FEET; THENCE NORTH 0200'00 EAST 31.30 FEET TO THE POINT OF BEGINNING`. CONTAINING AN AREA OF 16.473 SQUARE FEET. OR 0.3782 ACRES. MORE OF LESS. SITUATE IN THE OTT OF TUKWILA. KING COUNTY. WASHINGTON. EASEMENT FOR STREET USE THAT P0R11ON OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 26, TOWNSHIP 23 NORTH. RANGE 4 EAST. W.N.. DESCRIBED AS FOLLOWS COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 26; THENCE NORTH 889516' NEST ALONG THE NORTH UNE OF SAID SOUTHEAST QUARTER, A DISTANCE OF 2678.68 FEET TO THE WEST UNE OF SAID NORTHWEST QUARTER OF THE SOUTHEAST QUARTER: THENCE SOUTH 0113'01' WEST ALONG SAID EAST UNE 657.29 FEET. THENCE CONTINUING SOUTH 0113'01' WEST 24.50 FEET: THENCE SOUTH 880000' EAST 584.27 FEET TO THE POINT OF BEGINNING THENCE CONTINUING SOUTH 88'00'00 EAST 28.90 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHWEST. HAVING A RADIUS OF 35.50 FEET, AND A CENTRAL ANGLE OF 894805': THENCE SOUTHEASTERLY AND SOUTHERLY ALONG SAID CURVE AN ARC THENCE SOUTH 01'48 EAST 28.90 FEET 10 THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHWEST. HAVING A RADIUS OF 64.50 FEET. AND A CENTRAL ANGLE OF 894805'; THENCE NORTHWESTERLY AND WESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 101.09 FEET TO THE POINT OF BEGINNING CONTAINING AN AREA OF 617 SQUARE FEET, OR 0.0142 ACRES. MORE OR LESS. SITUATE 114 THE OTT OF 1UKI11LA. KING COUNTY. WASHINGTON. SIDEWALK EASEMENT DESCRIPTION NEW PARCEL 1 (KOHL'S PARCEL) THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER AND OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 28, TOIMNSTIP 23 NORTH. RANGE 4 EAST, W.M. DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 28; THENCE NORTH 889506 WEST ALONG THE NORTH UNE OF SAID SOUTHEAST QUARTER A DISTANCE OF 2878.68 FEET TO THE EAST UNE OF SAID NORTHEAST QUARTER OF THE SOUTHWEST QUARTO% THENCE SOUTH 0113114' WEST AL0N0 SAID EAST UNE 657.29 FEET: THENCE CONTINUING SOUTH Nn130V WEST 24.50 FEET To THE POINT OF BEGINNING THENCE SOUTH 8800'00' EAST 584.27 FEET TO THE BEGINNING OF A CURVE CONCAVE TO 114E SOUTHWEST. HAVING A RADIUS OF 64.50 FEET. AND A CENTRAL ANGLE OF 89•4815 THENCE SOUTHEASTERLY AND SOUTHERLY ALONG SAID CURVE AN ARC DISTANCE OF 101.09 FEET; 'THENCE SOUTH 0148'05' VEST 277.39 FEET; THENCE NORTH 8890'00 WEST 18.85 FEET; THENCE NORTH 034•46' EAST 8.69 FEET; THENCE NORTH 00'32'49' WEST 38.28 FEET: THENCE 10R114 003612' EAST 10.61 FEET; THENCE NORTH 4697'12' EAST 7.16 FEET; THENCE SOUTH 8879'25' EAST 2.49 FEET TO THE BEGINNING OF A NON - TANGENT CURVE CONCAVE TO THE NORTHWEST. HAVIN0 A RADIUS OF 24.50 FEET. A CENTRAL ANGLE OF 2739'51'. AND TO WHICH A RADIAL UNE BEARS SOUTH 60'3X04' EAST; THENCE NORTHERLY ALONG SAID CURVE AN ARC CISTANCE OF 11413 FEET; THENCE NORTH 01'48'05' EAST 203.29 FEET TO 114E BEGINNING OF A CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 54.50 FEE; AND A CENTRAL ANGLE OF 89'48'05 THD10E NORTHWESTERLY AND WESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 85.42 FEET; THENCE NORTH 881010' WEST 275.32 FEET; 'THENCE: SOUTH 029010 WEST 5.50 FEET; 'THENCE NORTH 880000 WEST 5.00 FEET: THENCE SOUTH 020000' WEST 5.00 FEET; THENCE NORTH 889010 WEST 50.32 FEET TO THE A POINT ON A NON-TANGENT CURVE CONCAVE TO 114E SOUTHWEST. HAVING A RADIUS OF 25.00 FEET. A CENTRAL ANGLE OF 1931'22'. AND TO WINCH A RADIAL UNE BEARS NORTH 82'47'34' EAST; THENCE NORTHWESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 8.86 FEET; THENCE SOUTH 8255'08' WEST 9.48 FEET. THENCE NORTH 539010 WEST 6.72 FEET; 1HENCE. NORTH 8890'00 WEST 309.30 FEET; THENCE SOUTH 03451.0' WEST 2.20 FEET; THENCE. SOUTH 4790'00 WEST 7.50 FEET: THENCE NORTH 8890'00' WEST 12.32 FEET; 1)4040 ' NORTH 020010' EAST 15.26 FEET; DUNCE NORTH 867811' EAST 22.81 FEET TO A PONT ON A CURVE CONCAVE TO THE SOUTH. HAVING A RADIUS OF 24.50 FEET. AND A CENTRAL ANGLE OF 521'39 THENCE EASTERLY ALONG SAID CURVE AN ARC INSTANCE OF 2.29 FEET; THENCE SOUTH 8890'00 EAST 66.05 FEET 10 THE POINT OF 8EGINN11G CONTAINING AN AREA OF 11.754 SQUARE FEET. • OR 0.2698 ACRES, MORE OR LESS. SITUATE IN THE CITY OF 1UKWLUA KING COUNTY, WASHINGTON. SIDEWALK EASEMENT DESORPTION NEW PARCEL 2 (DEVELOPER'S PARCEL) 'HAT PORTION OF THE NORTHWEST QUARTER OF 114E SOUTHEAST QUARTER AND OF 114E NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 26. TOWNSHIP 23 NORTH. RANGE 4 EAST. W.M.. DESCRIBED AS FOLLOWS COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 26; THENCE NORTH 8895 WEST ALONG THE NORTH UNE CIF 5A10 SOUTHEAST QUARTER. A DISTANCE Of 2678.88 FEET TO THE EAST LIME OF SAID NORTHEAST QUARTER OF THE SOUTHWEST QUARTER; THENCE SOUTH 011311' WEST ALONG SAID EAST UNE 657.29 FEET; 1HDICE CONTINUING SOUTH 011311' WEST 24.50 FEET; THENCE NORTH 88'00'00' VEST 66.05 FEET TO 114E BEGINNING OF A CURVE CONCAVE TO THE SOUTH. HAVING A RADIUS OF 24.50 FEET, AND A CENTRAL ANGLE OF 521'39'; THENCE WESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 2.29 FEET; DEICE SOUTH 867621" WEST 2281 FEET TO THE POINT OF BEGIN1IN THENCE CONTINUING SOUTH 86 WEST 57.15 FEET; THENCE SOUTH 86'24'22' WEST 108.03 FEET; THENCE NORTH 8934'49' WEST 68.81 FEET: THENCE NORTH 88'0000' WEST 100.99 FEET TO THE BEGINNING OF A CURVE CONCAVE 7O THE SOUTH. HAVING A RADIUS OF 49.50 FEET, AND A CENTRAL ANGLE OF 1000110': THENCE WESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 8.64 FEET; THENCE 5011TH 829000 WEST 170.24 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHEAST. HAVING A RADIUS OF 34.50 FEET. AND A CENTRAL ANGLE OF 49'36'52'; THENCE SOUTHWESTERLY ALONG SAID CURVE AN ARC IDIOMH OF 29.87 FEET 70 THE EAST RIGHT -OF -WAY MARGIN OF SOUTHCENTER PARKWAY; THENCE SOUTH 01'0911' VEST ALONG SAID EAST RIGHT -OF -WAY MARGIN 520.63 FEET TO THE BEGINNING OF A NON - TANGENT CURVE CONCAVE TO THE NORTHEAST. HAVING A RADIUS OF 35.00 FEET, A CENTRAL ANGLE OF 5451'46', AN0 TO WHICH A RADIAL UNE BEARS SOUTH 5838'42' WEST; 114O4CE SOUTHEASTERLY ALONG SAID CURVE AN ARC DISTANCE OF 33.51 FEET; THENCE SOUTH 875504' EAST 792.07 FEET; THENCE SOUTH 8538'26' EAST 80.71 FEET TO THE NORTH RIGHT -OF- WAY MARGIN OF LANKIER BOULEVARD; THENCE SOUTH 8754'26' EAST ALONG SAN NORTH RIGHT -OF -WAY MARGIN 355.64 FEET TO THE BEGINNING CF A NON - TANGENT CURVE CONCAVE TO TH1E NORTHWEST, HAVING A RADIUS OF 34.50 FEET. A CENTRAL ANGLE OF 4790'53'. AND TO WHICH A RADIAL UNE BEARS SOUTH 4059'40' EAST; THENCE NORTHERLY ALONG SAID CURVE AN ARC DISTANCE OF 28.41 FEET; THENCE NORTH 01 EAST 240.35 FEET: THENCE NORTH 88'0010' WEST 18.85 FEET; THENCE SOUTH 03'40'46' WEST 0.29 FEET; THENCE SOUTH 41'05'0f EAST 7.17 FEET; THENCE SOUTH 885412' EAST 3.98 FEET; THENCE SOUTH 014605' WEST 66.97 FEET; THENCE SOUTH 889115' WEST 3.51 FEET; THENCE SOUTH 424250 WEST 7.16 FEET; THENCE SOUTH 02'2423' EAST 9.58 FEET: THENCE SOUTH 022251' EAST 41.37 FEET; THENCE SOUTH 1151'33' WEST 12.77 FEET; THENCE SOUTH 331917' EAST 7.16 FEET; THENCE SOUTH 787027 EAST 2.62 FEET; THENCE SOUTH 014815 WEST 89.95 FEET TO THE BEGINNING OF A CURVE CONCAVE TO 114E NORTHWEST.. HAVING' A RADIUS OF 25.00 FEET. AND A CENTRAL ANLLE Of 9010'40'; THENCE SOUTHWESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 39.49 THENCE NORTH 87'4115' WEST 91.36 FEET; THENCE NORTH 8579'03' WEST 218.43 FEET TO 114E BEGINNING OF A NON- TANGENT CURVE CONCAVE TO THE NORTHEAST. HAVING A RADIUS OF 7.97 FEET. A CENTRAL ANGLE OF 52'4317'. AN TO WHICH A RADIAL UNE BEARS SOUTH 041415' WEST; THENCE NORTHWESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 7.33 FEET; THENCE NORTH 3399'10' WEST 6.67 FEET; THENCE NORTH 88'00'00 WEST 11.31 FEET; THENCE NORTH 859018' WEST 31.04 FEET; THENCE SOUTH 791314' WEST 11.08 FEET; THENCE SOUTH 3501 WEST 6.29 FEET; THENCE NORTH 857816' WEST 35.87 FEET: THENCE NORM 875503' WEST 279.82 FEET, THENCE NORTH 4113'05 WEST 5.46 FEET; THENCE NORTH 85'47'51' WEST 10.32 FEET; THENCE NORTH 8051'58' WEST 32.91 FEET; THENCE NORTH 889010 WEST 7.37 FEET; 7HE4CE SOUTH 434610' WEST 11.22 FEET; THENCE NORTH 8755'04' WEST 119.06 FEET; THENCE NORTH 2055'56' VEST 4.57 FEET: THENCE NORTH 827458' WEST 9.81 FEET; MINCE NORTH 86'44'19' NEST 32.09 FEET; THENCE SOUTH 6409'07' WEST 10.86 FEET: THENCE SOUTH 2514'52' WEST 4.32 FEET; THENCE NORTH 875504' WEST 279.08 FEET; THENCE NORTH 41'00'00• WEST 17.59 FEET TO THE BEGINNING OF A NON - TANGENT CURVE CONCAVE TO 714E EAST, HAVING A RADIUS OF 27.77 FEET. A CENTRAL ANGLE OF 427811'. AND TO WHICH A RADIAL UNE BEARS SOUTH 452240 WEST; 1HFJNCE NORTHERLY ALONG SAID CURVE AN ARC DISTANCE OF 20.85 FEET; THENCE NORTH 0200.00 EAST 38.21 FEET; THENCE SOUTH 869000 EAST 0.83 FEET: THENCE NORTH 02100'00' EAST 26.00 FEET; THENCE NORTH 8500'41' WEST 1.51 FEET; THENCE NORTH 01'09'11' EAST 159.37 FEET; THENCE NORTH 6007'20 EAST 6.67 FEET: THENCE NORTH 17'49'33' EAST 10.52 FEET; THENCE NORTH 01•410' EAST 25.00 FEET; 114ENCE NORTH 1325.09' WEST 10.57 FEET; THENCE NORTH 55'3817' WEST 6.82 FEET; THONCE NORTH 019911' EAST 191.74 FEET 10 114E PEGNNIN0 OF A CURVE CONCAVE TO THE SOUTHEAST. HAVING A RADIUS OF 35.00 FEET. AN A CENTRAL ANGLE OF 80'50'49 - ; 'THENCE NORTHEASTERLY ALONG SAID CURVE AN ARC DISTANCE OF 49.39 FEET; THENCE NORTH 8290'00 EAST 157.93 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 41.50 FEET. AND A CENTRAL ANGLE OF 109000; 11104CE EASTERLY ALONG SAID CURVE AN ARC DISTANCE OF 7.24 FEET; THENCE SOUTH 6600'00• EAST 106.02 FEET: CHECKED BY JGW THENCE NORTH 183137' EAST 2.75 FEET TO THE BEGINNING OF A NON- TANGENT CURVE CONCAVE TO THE SOUTHWEST. HAVING A RADIUS OI' 20.00 FEET, A CENTRAL ANGLE OF 452815'. AN TO WHICH A RADIAL UNE BEARS 1ORTH 185737• EAST; THENCE SOUTHEASTERLY ALONG SAID CURVE AN ARC DISTANCE OF 15.87 FEET; THENCE SOUTH 875838' EAST 4.96 FEET; THENCE NORTH 8910'26' EAST 32.86 FEET; THENCE NORTH 84'27'02" EAST 9.43 FEET; THENCE NORTH 431229' EAST 5.63 FEET; THENCE NORTH 852(22• EAST 112.95 FEET; THENCE SOUTH 03 EAST 0.82 FEET; THENCE SOUTH 46'47'31' EAST 6.95 FEET; 114ENCE SOUTH 8931'41' EAST 10.62 FEET; THENCE NORTH 8475 EAST 36.40 FEET; THENCE NORTH 02'00'00 EAST 15.26 FEET TO THE POINT OF BEGINNING TOGETHER WITH THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 28, TOWNSHIP 23 NORTH. RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS COMMEN T THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID THENCE NORTH 880508' WEST ALONG THE NORTH UNE OF SAID SOUTHEAST QUARTER A DISTANCE OF 2678.68 FEET 70 THE EAST UNE OF SAD NORTHEAST QUARTER OF 1145 SOUTHWEST QUARTER: THENCE SOUTH 011301' WEST ALONG SAID EAST UNE 657.29 FEET; THENCE NORTH 8890'00 WEST 412.77 FEET; THENCE SOUTH 8200'00' WEST 28.73 FEET TO THE PONT OF BEGINNING 11ONCE CONTINUING SOUTH 820000 WEST 151.86 FEET TO THE BEGINNING OF A CURVE CONCAVE 10 THE NORTHEAST. HAVING A RADIUS OF 34.50 FEET AND A CENTRAL ANGLE OF 675514'; THENCE NORTHWESTERLY ALONG SAID CURVE AN ARC LENGTH OF 40.90 FEET TO THE EAST RIGHT -OF -WAY MARGIN OF 50U1HCENTER PARKWAY; THENCE NORTH 019911' EAST ALONG SAID EAST RIGHT -OF -WAY MARGIN 15.71 FEET; THENCE SOUTH 8890"00 EAST 0.08 FEET TO 1145 BEGINNING OF A NON- TANGENT CURVE CONCAVE TO THE NORTHEAST. HAWING A RADIUS OF 29.50 FEET A CENTRAL ANGLE OF 94'54'36', AND TO WHICH A RADIAL L1NE BEARS SOUTH 8654'36' WEST: THENCE SOUTHEASTERLY AND EASTERLY ALONG SAID CURVE AN ARC • DISTANCE OF 48.87 FEET; THENCE NORTH 080000' WEST 4.50 FEET: THENCE NORTH 829010 EAST 128.71 FEET; THENCE SOUTH 089010 EAST 5.00 FEET; THENCE SOUTH 82200'00' EAST 25.15 FEET; THENCE SOUTH 089000 EAST 4.50 FEET TO THE POINT OF BEGINNING CONTAINING AN AREA OF 29,405 FEET. OR 0.6751 ACRES MORE OR LESS. SITUATE IN THE CITY OF TUKWILA. KING COUNTY, WASHINGTON. PUBLIC STROM DRAIN EASEMENT THAT PORTION OF 111E NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SE01I0N 26. TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: COMMENCNG AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 26; THENCE NORTH 6895'06' WEST ALONG THE NORTH UNE OF SAD SOUTHEAST QUARTER A DISTANCE OF 2678.88 FEET TO THE WEST UNE OF SAID NORTHWEST QUARTER OF THE SOUTHEAST QUARTER THENCE SOUTH 0113'01' WEST ALONG SAID EAST UNE 657.29 FEET: THENCE NORTH 889010 WEST 673.30 FEET TO THE WEST LINE Of THE EAST 659.34 FEET OF SAID NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 26; THENCE SOUTH 01.48'05• HEST ALONG SAO VEST UNE 631.91 FEET TO 7145 NORTHERLY RIGHT -OF'-WAY MARGIN OF MINKLER BOULEVARD, AS CONVEYED TO. 114E OTT OF 1UKNILA BY DEED RECORDED AUGUST 29. 1994 UNDER RECORDING NUMBER 9408290323: THENCE NORTH 8734'26' WEST ALONG SAID NORTHERLY RIGHT-CIF-WAY MARGIN 35.58 FEET TO 111E PONT OF BMW/4Q THENCE CONTINUING NORTH 8754'26' WEST ALONG SAID NORTH MARGIN 63.62 FEET; THENCE NORTH 0218•48' EAST 27.97 FEET; THENCE NOR1)4 71'4704' EAST 79.22 FEET; THENCE SOUTH 0146'05• WEST PARALLEL WTN A10 24.50 FTf7 WESTERLY OF SAID WEST UNE OF THE EAST 659.34 FEET OF SAO NORTHWEST QUARTER OF 114E SOUTHEAST QUARTER OF SECTION 26, 30.11 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 34.50 FEET, AND A CENTRAL ANGLE OF 4710'53': THENCE SOUTHWESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 28.41 FEET TO THE POINT OF BEGINNING CONTAINING A14 AREA OF 3,022 SQUARE FEET, OR 0.0694 ACRES, MORE OF LESS SITUATE IN THE CITY OF IUKWILA. KING COUNTY. WASHINGTON. NOV 0 2000 COMM DEVELOP,. BINDING SITE IMPROVEMENT PLAN SOUTHCENTER SQUARE NIA 108 NUMBER SHEET etC 0 ~ I I rc o I It • I W n EASEMENT FOR UNDERGROUND ELECTRIC T I TRANSMNSSON AND/OR DISTRIBUTION SYSTEM REC. NO. 9308240700 d CO L7 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone (206) 431-3670 FAX (206) 4313665 E -mail: tukplanftukwIla.wa.us FND. MONUMENT IN CASE COPPER TACK IN CONC. AUG. 2006 IIN88'00'00'W, 213.30' L5 EASEMENT FOR UTILITY I1/-15 MAWS & LINES REC. NO. 1 6397106 * 1��EASEMENT FOR UNDERGROUND O -- 5' ELEC. SYSTEM REC. NO. / o i r'4 6404219 1 O ila I l an I --- ts• 1 ly 15' 8S8L 10 l' ENT FORK II UNDERGROUND ELECTR C SYSTEM REC. NO. CONVEYED TO CITY 4 y- 7603050554 0. 9 0829 REC. I I • ►fr EASEMENT FOR CURB & WALKS ' REC. NO. 9408290324 RIGHT -OF -WAY S` . 77'r i '11 DEDICATION 4 ' -F -_ - M SET TAO( IN LEAD FND. MONUMENT IN CASE COPPER TACO IN CONC. AUG. 2006 NORTH UNE OF SW QUARTER SECTION 26 N 8810506 W 662.72'(C) S0112 'W 657.29' DEED)) S0113 657.29 (u) S86'24'2T,'W L3 108.03 RIGHT -OF -WAY N8638'21'E DEDICATION 57.15' NEW PARCEL 2 516.516 S.F. (11.8576 ACRES) 625.20'(D) 625.35'(MZ N 8755'17' W 1 625.83' 30' U.P 7 R. T IL 661:35 " BOULEV SURVEYORS NOTES: HORIZONTAL DA1U14: WASHINGTON STATE COORDINATE SYSTEM, NAD 83/91. NORTH ZONE BASS OF BEARINGS: EAST -WEST SECTION 26 CENTERLINE HELD FOUND MONUMENTS ON SAID CENTERLINE AT ANDOVER PARK WEST AND SOUTHCENTER PARKWAY N8895'06'WEST 2002.15' (MEASURED) PREOSON: PRECSION EXCEEDS 1:10,000 GROUND TRAVERSE METHOOES AND MANE IN ACCORDANCE MATH WAC 332 -130 -090. BINDING SITE IMPROVEMENT PLAN NO. L07 -050 EAST UNE OF SW QUARTER SECTION 26 NEW PARCEL 2 WIG BOULEVARD POINT RIGHT -OF -WAY DEDICATION 626.07 412.7? TL 262304 -9077 FEDERATED DEPT. STORES INC. 17000 SOUTHCENTER PKWY N 889506 W 12 CONVEYED TO CITY OF TUKIMLA PER REC. NO. 9408290323 CONVEYED TO CITY OF TUKWILA PER REG NO. 9408290325 24.50' f 50113'01'W N88'05•42'W 2678.68•(DEED) N8895 2678.68'(C) TO E 1/4 COR. SEC. 26 1 N 8895'06' W CENTER SEC. 26 -23-4 CALL POSITION N 88'00'00' _ l bLE$ 15' BSBL NEW PARCEL -1 258,482 S.F. (5.9339 ACRES) CONVEYED TO CITY OF 1UKWILA PER REC. N0. 9408290323 RIGHT -OF -WAY 275.21' _391.20' C.3 N 87 54'26 666.41' 35.56' S02'00'00'W 16.33 DEDICATION TL 262304 -9076 FEDERATED DEPT. STORES INC. MONUMENTATION ( 1 inch - 100 ft. no I(a 200205(M) 680.00'(c) _rf N 88'05'06' W N01 658.25' (DEED) - l 659.34' N01 658.25 (M) NORTH UNE OF WEST UNE OF 114E EAST 659.34 FEET SE QUARTER OF THE NW 1/4. SE 1/4. SECTION 26 , SECTION 26 659.34' 1 673.30' 634.40' - WIG BOULEVARD RIGHT-OF-WAY DEDICATION N 88roo'oo w 15' BSBL C6 38.90' R=35.50' : 11 L =55.64' vl 6=89'48'05' ' 1 I 1 °I 01 I 2.l o3 Vl 380.78' EASEMENT FOR UTBITmES REC. N0. 6227103 30' 15' BSBL 15' 3 I I i n. I °n1 vcll OC, SET REBAR w/CAP LS .33139 DRAWN BY CHECKED BY 1. SET MONUMENTS FOR EXTERIOR BOUNDARY AS NOTED 2 INTERIOR MONUMENTS SHALL BE SET WITHIN 90 DAY OF FINAL SUBDIVISION CONSTRUCTION INSPECTION BY THE DEPARTMENT OF PUBLIC WORKS. JGW JGW r #'- 24.50' N88O5 1698.661M)) N881:15'4 2-W 1998.6e(DEED) TO E 1/4 OCR. SEC. 26 FOUND EXIST. REBAR & CAP MARKED 'STEPAN & ASSOCIATES /2295r S 0.2' 5' PRIVATE TEL EASEMENT - '[ REC. N0. 97110690009 50' 50' INGRESS/EGRESS AND PARKING N0. 971106 ACCESS PER REC. i -- TL 262304 - 9143 WASHINGTON REAL ESTATE HOLD. 575 ANDOVER PARK W. EASEMENT FOR INGRESS AND EGRESS TUSP L97 -0049 REC. NO. 9711069009 LOT 3 5' INGRESS/EGRESS AND PARKING ACCESS PER REC. NO. 97110690009 BAUCH DRIVE - PRIVATE ROAD - INTENDED AS FUTURE PUBUC STREET TL 262304 -9142 R2R INVESTMENTS LLC 575 ANDOVER PARK W. LOT 2 - - - I0 DATE FNO. MONUMENT IN CASE AUG. 2006 HELD AS 1/16 COR. 1' = 100' N tal La 0 Y 0 ix Z LEGEND 19 0 • E 1/4 CDR. SEC. 26 TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M. NOT FOUND. CALCULATED P T10N 1339.34'(C) 26' p25 N 8895106' W SECTION QUARTER CORNER SURVEY M ONUMENT PROPERTY CORNER FOUND PROPERTY CORNER SET EXISTING PROPERTY UNE NEW PARCEL UNE EXISTING LOT /PARCEL UNE CENTERUNE RIGHT -OF -WAY UNE SECTION UNE EASEMENT UNE BSBL (BUILDING SETBACK UNE) LINE LI L2 L3 L4 L5 L6 L7 L.8 1.9 CURVE C1 C2 C3 04 05 06 C7 G8 RADIUS 34.50 35.00 34.50 34.50 49.50 35.50 35.50 24.50 UNE TABLE LENGTH BEARING 68.05 N88100 22.81 68.61 80.71 180.59 75.6 15.71 18.06 31.30 CURVE TABLE DELTA 49'36'52' 54'51'46' 4710'53' 6755'14' 1000'00' 36'02'3r 53 5'21'39' N86 N89'34'49'W N_'.' 6'W LENGTH 29.87 33.51 28.41 40.90 8.64 22.33 3.3.31 2.29 PARCEL AREAS: PARCEL_ SQUARE FEET ACRES DOSING PARCEL NEW PARCEL 1 NEW PARCEL 2 ROW DEDICATION ROW DEDICATION FOR MINKLER BLVD TOTAL AREA 617,516 187676 258,482.4 5.9339 516.5184 11.8576 39.657.1 0.9104 2,880.0 0.0656 817,516 18.7676 RECIPROCAL EASEMENT AGREEMENT 1. REOPROCAL EASEMENT AGREEMENT BETWEEN KOHL'S DEPARTMENT STORES, INC. (NEW PARCEL 1) AND WIG PROPERTIES. LLC -SS (NEW PARCEL 2) RECORDED UNDER RECORDING NUMBER 2006102000126. AND FIRST AMENDMENT OF REOPROCAL EASEMENT AGREEMENT, RECORDED UNDER REORDING NUMBER 20061219000819, RECORDS OF KING COUNTY, WASHINGTON. CONTAINING RECIPROCAL EASEMENT FOR SHARED ACCESS, CIRCULATION. PARKING, LANDSCAPING AND SGNAGE. BINDING SITE IMPROVEMENT PLAN SOUTHCENTER SQUARE RECEIV JULY 2007 JOB NUMBER 95254.08 SHEET 4 INC h ▪ 9' llj COMMON. DE' ELCflt - 6 UNE TABLE UNE LENGTH BEARING L1. 57.15 5136'3811N L2 108.03 L3 6•61 _Zi l'YCjli L4 100.99 ...'_ 15 170.24 1.6 520.63 „ J L7 79207 58755•p4'E L8 80.71 1.9 355.64 i.1 110 240.3511111711ZMril 111 18.85 111/111/![Lj" ..'. L12 0.29 11111?n!T"') L13 7.17 ' .k Agi/01 L14 3.98 '41'� L15 68.97 ilifgkl. i•A1':) 116 3.5111,_.m. L17 7.18 S42'4250'W 118 9.58 .r ' y L19 41.37 1111.1 i L2 1 L21 7 7.18 �_ L22 2.62 111" : . _ r_ L23 L;'^J 89.9511111:= L24 91.36 N8T4115'W 1.25 218.43 N8539'03'W L26 6.67 N3309'10'W L27 11.31 N8800'00'W L28 31.04 �. L29 11.08 1.30 6.29 MIIIS ' 131 35.6717i;i. ,.1 L32 279.82 N8T55'03'W L33 5.46 N4113'05'W L34 10.32 • 'W 135 32.91 L36 7.37 •fl L37 11.22 iL L38 119.06 N8TS5'04'W L39 4.57 ' ' 140 9.81 _;) J 141 3 2. 09 MiiirnWinTi 142 10.86 iiEnkfLi.iliLhei L43 4.32 ISIMInnrirM 144 199.75 L45 79.33 L46 17.59 N4100 00'W L47 38.21 .y_ ... . L48 0.83 �'�"'.�•'I( L49 28.00 , . t�, .J L50 1.51l'![? =, 'Th 151 159.37 NIMIWIM7r0 152 6.67 �![' 1.53 10.52 17MriTill L54 25.00 �['L.� '.� .j L55 10.57 MM:IFyky(.f}id 158 6.62 L57 191.74 0 1.58 157.93 f. L59 106.02 '4=.. • 3 L60 235 =MIL LLkitit fr 161 4.96 L62 32.86 i 11 L63 9.43 IMIIMMMil 184 5.63 IMINNIMMEI 165 112.95 7= U Department 01f Comunity Development 8300 Southcenter vard, Tukwila, WA 98188 Telephone (206) 4313670 FAX (206) 4313665 E.mall: tukpianiltukwIa.wa.us BINDING SITE IMPROVEMENT PLAN NO. L07 -050 L72 C1 ce W 1 - z La1 c.) x 1- 0 U) 1.7 96.29' 54'36'W(R) C12 1CL52 EASEMENT FOR STREET USE y7 L L6 L71 PO6 8. SIDEWALK EASEMENT EASEMENT FOR INGRESS. EGRESS AND U11U11ES (BAUCH DRIVE - PRIVATE) S 0148'05' W r 242.66' L78 L77 L78 �L44 L 4J� NEW PARCEL 1 NEW PARCEL 2 582'00'00'W EASEIRFNT L103 28.73 N88�0'00'W NEW PARCH 2 X0 41277 L22 IAINKLER NEW PARCEL 2 MINKLER BOULEVARD (RIGHT -OF -WAY DEDICATION) 40 L39 631.91' 1 1.4 J Cl 41 SIDEWALK EASEMENT • IP / NEW PARCEL2 INGRESS, EGRESS & UTILITIES EASEMENT DETAIL 7 167 L101 C25 0 187.69' 1 0 dS Y 2 100 UNE TABLE LINE L1 L2 28.90 28.90 CURVE TABLE CURVE c1 C2 LENGTH RADIUS 35.50 64.50 BEARING 58800'00'E 50148'O5'W DELTA 89.48'05• 89'48'05' LENGTH 55.64 101.09 50113'01'W 24.50' POO EASEMENT NEW PARCEL 1 BOULEVARD SIDEWALK EASEMENT DETAIL L97 191 L9 C24 L 3 NEW PARCEL 1 EASEMENT FOR INGRESS. EGRESS dl UTILITIES WIG BOULEVARD (RIGHT- OF-WAY DEDICATION) 10.00 16.40 16.40 10.00 16.40 31.30 UNE 11 LZ L3 14 L5 16 L7 1.8 1.9 CURVE C1 C2 RADIUS 34.50 35.50 DELTA 4710'53' 53'45'28' . 50414'05'W(R) ____ -- -- -. G 11 BAUCH DRIVE (P18VATE) SIDEWALK EASEMENT EASEMENT FOR STREET USE NEW PARCEL 1 STREET USE EASEMENT DETAIL 1.87 qr g 022 l° U35�1 too o m too (n( p' 1 inch = 100 ft. 11 DRAWN BY JGW CHECKED BY JGW WIG BOULEVARD (RIGHT -CF -WAY DEDICATION) EASEMENT FOR GRESS, EGRESS 1 U11UnES 13 ( I? �r_ _ / SIDEWAUC EASEMENT I . NEW PARCEL 2 INGRESS, EGRESS & UTIUTIES EASEMENT DETAIL SDEWALK EASEMENT NEW PARCEL 2 DATE JULY 2007 1' =100' 1 EASEMENT INGRESS. EGRESS & UTILITIES (ISLAND NEW PARCEL 2) UNE 11 180.59 582'00'00'W L2 15.71 N01'09'11 L3 213.30 S8800'00' CURVE TABLE CURVE I RA 34.50 6755141 40.90 CURVE Cl C2 C3 C4 C5 C8 C7 C8 C9 C10 C11 C12 1.87 168 169 170 L71 1.72 1.73 174 175 L78 L77 L78 RADIUS LINE TABLE LENGTH CURVE TABLE 49.50 34.50 35.00 34.50 25.00 7.97 27.77 35.00 41.50 20.00 34.50 29.50 0.82 6.95 10.62 36.40 15.26 151.86 15.71 0.08 4.50 128.71 SOUTHCENTER SQUARE 5.00 25.15 4.50 DELTA 000'00' 4936 5451 4710'53' 9030'40' 52'43'37' 4236'11' 80'50'49' 1000'00' 4578'35' 6755'1 9454'36' BEARING SIDEWALK EASEMENT NEW PARCEL 1 BINDING SITE IMPROVEMENT PLAN .106 NUMBER 95254.08 $03'4X21 S46'47' 31'E 58951'41 "E N8455'09'E NO200'00'E S8200'DO'W NO1'09'1 588'00'00"E N08'00'00'W N82'00'00'E 50800'DO'E N8200'00'E SOW00'00'F LENC1H � r^ 8.64 29.87 33.51 28.41 39.49 7.33 20.65 49.39 7.24 15.87 40.90 48.87 N0056'12 - E N461371 2-E 588'39'25'E NO1'4855'E 183 L84 L85 186 187 LB8 189 L90 191 L92 L93 194 L95 L96 L97 198 L99 1100 L101 CURVE C21 C22 C23 C24 C25 UNE TABLE LENGTH BEARING 584.27 S8800'00'E 277.39 SO1'48'05'W 18.85 RADIUS 64.50 24.50 54.50 25.00 24.50 CURVE TABLE OELTA 89'48'05' 2739'51' 89'48'05' 1951'22' 5'21'39' LENGTH 101.09 11.83 65.42 8.66 2.29 • L . I,;fV1 rl CCM.•,. DEVE'_C 'j 6300 Southeenter Boulevard, Tukwila, WA 98188 1968, Email tukpl (206) 431-3670 tkwila wa.0 (206) 4313885 BUILDING N (43,974 S.F.) PARCEL 2 BRICK & CONC. VEMDNT ASPHALT PAVEMENT (TIP.) ASPHALT PAVEMENT (TYP.) BRICK & CON PAVEMENT BUILDING S (46,631 S.F.) 11.1 SEEM MIMI =MAIM 11111466146111' 1 cO RW WALK "f y" 11 1 1 ` u u h nm ll 111111 PARCEL LINE ■1111. 1111111110111111111111111 1111111111111111111111111111 PARCEL 1 KOHL'S (89,911 S.F.) PARCEL UNE PETCO (15,202 S.F.) NORDSTROM'S RACK (35,316 S.F.) N 87'55'17- w 825.83' PUBUC STORM DRAIN EASEMENT N8754'26'W 63.6r MINKLER BLVD 30' EASMENT FOR UTILITIES REC. NO. 6227103 EASEMENT FOR INGRESS, EGRESS & UTWTIES SIDEWALK EASEMENT 35.56' N87'54'26" • PUBUC STORM DRAIN EASEMENT DETAIL 30.00• L -2841 R -34.50 e- 4710'5r BINDING SITE IMPROVEMENT PLAN NO. L07 -050 a w '2a (IX VDU ) 1 bush - 20 ft. DRAWN BY JGW CHECKED BY JGW SITE PLAN DATE JULY 2007 1 ._ 8o m ( lx r>Er I Inch - 80 It R2R INVESTMENTS LLC 575 ANDOVER PARK W. 10 p BINDING SITE IMPROVEMENT PLAI1_c SOUTHCENTER SQUARE Nov U : MB JO8 NUMBER 95254.08 EVEL DEVELOh:. . . 6 • •