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Home My WebLink AboutLUA-05-035Printed: 03-23-2005 Payment Made: (;ITY OF RENTON 1055 S. Grady Way Renton, WA 98055 Land Use Actions RECEIPT Permit#: LUA05-034 03/23/2005 10:50 AM Receipt Number: Tolal Payment: 100.00 Payee: Craig Standley Current Payment Made to the Following Items: Trans Account Code Description Amount 5021 000.345.81.00.0018 Temp Use or Fence Review 100.00 Payments made for this receipt Trans ,Method 'Description Amount- Payment . Check 1345 100.00 Account Balances Trans Account Code Description Balance" Due 3021 303.000.00.345.85 Park Mitigation Fee 5006 000.345.81.00.0002 Annexation Fees 5007 000.345.81.00.0003 Appeals/Waivers 5008 000.345.81.00.0004 Binding Site/Short Plat 5009 000.345.81.00.0006 Conditional Use Fees 5010 000.345.81.00.0007 Environmental Review 5011 000.345.81.00.0008 Prelim/Tentative Plat 5012 000.345.81.00.0009 Final Plat 5013 000.345.81.00.0010 PUD 5014 000.345.81.00.0011 Grading & Filling Fees 5015 000.345.81.00.0012 Lot Line Adjustment 5016 000.345.81.00.0013 Mobile Home Parks 5017 000.345.81.00.0014 Rezone 5018 000.345.81.00.0015 Routine Vegetation Mgmt 5019 000.345.81.00.0016 Shoreline Subst Dev 5020 000.345.81.00.0017 Site Plan Approval 5021 000.345.81.00.0018 Temp Use or Fence Review 5022 000.345.81.00.0019 Variance Fees 5024 000.345.81.00.0024 Conditional Approval Fee 5036 000.345.81.00.0005 Comprehensive Plan Amend 5909 000.341.60.00.0024 Booklets/EIS/Copies 5941 000.341.50.00.0000 Maps (Taxable) 5954 604.237.00.00.0000 Special Deposits .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 R0501475 5955 000.05.519.90.42.1 Postage 5998 000.231.70.00.0000 Tax . 00 DEVELOPMENT PLANNING . 00 CITY OF RENTON . Remaining Balance Due: $0.00 MAR 232005 RECEIVED -F o Q +- ,. R-8 • R-8 RM-F -R .. " /! J rP OPMENT PLANNiN(", DEV~TY OF RENTON MAR 252005 ,"~n SUBMITTAL REQUIREMENTS CONDITIONAL USE PERMIT City of Renton Development Services Division 1055 South Grady Way-Renton, WA 98055 Phone: 425-430-7200 Fax: 425-430-7231 PURPOSE: The purpose of a Conditional Use Permit is to allow certain prescribed uses in districts where they are normally prohibited when the proposed uses are deemed consistent with other existing uses in the surrounding area (RMC 4-9-030). FREE CONSULTATION MEETING: Prior to submitting an application, the applicant should informally discuss the proposed development with the Development Services Division;··-The· Developn'-ent Services Divisiohwillproviae.assistance arid detailed information on the City's,:_,,_·,~~~:,::: .. requirements and standards. Applicants may also take this opportunity to request the waiver of the City's typical application submittal requirements which may not be applicable to the specific proposal. For further information on this meeting, see the instruction sheet entitled "Submittal Requirements: Pre-Application.·, APPLICATION SCREENING: Applicants are encouraged to bring in one copy of the application package for informal review by staff, prior to making the requested number of copies, colored drawings, or photo reductions. Please allow approximately 45 minutes for application screening. COMPLETE APPLICATION REQUIRED: In order to accept your application, each of the numbered items must be submitted at the same time. If you have received a prior written waiver of a submittal item(s) during a pre-application meeting, please provide the waiver form in lieu of any submittal item not provided. All plans and attachments must be folded to a size not exceeding Sy. by 11 inches. APPLICATION TIMES: Applications should be submitted to Development Services staff at the 6th floor counter of Renton City Hall, 1055 South Grady Way, between 8:00 A.M. and 4:00 P.M. Monday through Friday. An appointment to submit your application is not necessary. Due to the screening time required, applications delivered by messenger cannot be accepted. , All Plans and Attachments must be folded to 8%". by 11" "-ul) APPLICATION MATERIALS: ~ ~~'-~ W~ "' '~ pr~lication Meeting Summary: If the application was reviewed at a "pre-application :;;:-' meet· please provide 5 copies of the written summary provided to you. //' , 2 0 Title Report: Please provide 3 copies of a title report and 5 copies of any referenced recorded v:: documents (I.e. easements, dedications, covenants) issued within the past 60 days documenting IIII7C ownership and listing all encumbrances of the entire parcel where the project is being proposed. VV-All easements referenced in the title report must be identified and dimensioned on the Site Plan. rV' PWJOevServ/FormsIPlanning/conduse 1 10124/03 -----_.- " 3. r£ ~ Land Use Permit Master Application Form: Please provide the original plus 11 copies of the COMPLETED City of Renton Development Services Division's Master Application form. Application must have notarized signatures of ALL current property owners listed on the Title Report. If the property owner is a corporation, the authorized representative must attach proof of signing authority on behalf of the corpo~ation. The legal description of the property must be attached to the application form. ~. IijIPri Envlro ental ckllst: Pie IV' ~sure yo signed the chec before ma pies. If a partlcul with "No plica 5. 1Lt'~ Project Narrative: Please provide 12 copies of a clear and concise deSCri~tlOn of the pro~osed . projllct, including the following: o Project name, size and location of site . ". o Land use permits required for proposed project o Zoning deliignation of the site and adjacent properties o Current use of the site and any existing improvements • --Special site features (i.e. wetlands, water bodies, steep slopes) • Statement addressing soli type and drainage conditions o Proposed use of the property and scope of the proposed development o For plats Indicate the proposed number, density and range of sizes of the new lots o Access o Proposed off-site improvements (i.e. installation of sidewalks, fire hydrants, sewer main, etc.) o Total estimated construction cost and estimated fair market value of the proposed project o Estimated quantities and type of materials involved ifany fill or excavation is proposed o Number, type and size of any trees to be removed o Explanation of any land to be dedicated to the City o Proposed number, size or range of sizes of the new lots and density (if applicable) o Any proposed job shacks, sales trailers, and/or model homes o Any proposed modifications being requested For projects located within 200-feet of Black River, Cedar River, Springbrook Creek, May Creek and Lake Washington please include the following additional Information: o Distance from closest area of work to the ordinary high water mark of the proposed project site o Nature of the existing shoreline o The approximate location of and number of residential units, existing and potential, that will have an obstructed view in the event the proposed project exceeds a height of 35-feet above the average grade level Conditional Use Permit Justification: Please provide 12 copies of a written statement setting forth the reasons In favor of the application and addressing the following criteria used by the reviewing official In analyzing the application: , .- A. Comprehensive Plan: The proposed use shall be compatible with the general purpose, goals, objectives and standards of the comprehensive plan, the zoning ordinance and any other plan, program, map or ordinance of the City of Renton. B. Community Need: There shall be a community need for the proposed use at the proposed location. In the determination of community need, the reviewing official shall consider the following factors among all other relevant Information: ' PWlDevServlFormslPlannlngiconduse 2 10124/03 1. The proposed location shall not result in either the detrimental over- concentration of a particular use within the City or within the immediate area of the proposed use. 2. The proposed location is suited for the proposed use. C. Effect on Adjacent Properties: The proposed use at the proposed location shall not result in substantial or undue adverse effects on adjacent property. In addition the reviewing official shall also consider the following items when analyzing the application. • • -.~ • • • • • Compatibility: The proposed use shall be compatible with the residential scale and character of the neighborhood. Parking: Parking under the building structure should be encouraged. Lot coverage may be increased to as much as 75% of the lot coverage requirement of the zone in which the proposed use is located if all parking is provided underground or within the structure . .. Trafflc: Traffic and circulation pattems of vehiCles and pedestrians relating.to the ._ proposed use and surrounding area shall be reviewed-for potential effects on, and to ensure safe movement in,the surrounding area. NOise, Glare: Potential noise, light and glare impacts shall be evaluated based on . the location cif the proposed use on the lot and the location of on-site parking areas, outdoor recreational areas and refuse storage areas. Landscaping: Landscaping shall be provided in all areas not occupied by buildings or paving. The Hearing Examiner may require additional landscaping to buffer adjacent properties from potentially adverse effects of the proposed use. Accessory Uses: Accessory uses to conditional uses such as day schools, auditoriums used for social and sport activities, health centers, convents, preschool facilities, convalescent homes and others of a similar nature shall be considered to - be separate uses and shall be subject to the provisions of the use district in which they are located. Conversion: No existing building or structure shall be converted to a conditional use" unless such building or structure complies, or is brought into compliance, with the: • development standards. Public Improvements: The proposed use and location shall be adequately served by and not impose an undue burden on any public improvements, facilities, utilities and services. Approval of a conditional use permit may be conditioned upon the provision and/or guarantee by the applicant of necessary public improvements, facilities, utilities and/or services. Cons etlon Mitigation escrlptlon: Please provide 5 copies of a written narrative addressin each of the lowing: • Prop ed co truction dates (begin and end dates) • Hours d ays of operation • Propose auling/transportation routes • Meas es to e implemented to minimize dust, traffic and transportation impacts, erosi ,mud, -se, and other noxious characteristics ~ An special hours oposed for construction or hauling (I.e. weekends, late nights) • Pr. liminary traffic con plan }-. .Jf If your pr ject requires the use of cranes, please contact the City's Airport Manager at (425) 430- ~ ..; 7471 to aetermine whether Federal Aviation Administration notification will be required. cl °s.c6] Legal~ Den.ts: Pleas~ide 4 c~e of any prop ed restrictive covenants and draft ~ \ ~omeown Association ments. _ / ~ \'JT' -.-. PWlDevServ/FonnsIPlanning/conduse 3 10/24/03 9.0 !JJ?0' Fees: The application must be accompanied by the required application fee (see Fee Schedule) and for most applications first class postage rate per mailing label. Please DO NOT provide metered postage or stamps. land use fees are calculated by charging the full amount for the most expensive land use permit needed and half-price for each additional land use permit. Please call (425) 430-7294 to verify the exact amount required. Checks should be made out to the City of Renton and can not be accepted for overt .~he:.::to=ta=l.£f~ee~a~m:=o-=u~nt~. --:--:--:_~~~~ -" List of Surrounding Prope nors. Please suomit 2 copies of a signed and not City of Renton Development Services Division "list of Surrounding Property Own orm. This form list all current property owners and their mailing addresses a ounty Assessor's accou bers within 300-feet of the boundaries Ject site as obtained from a Title Company or t County Assessor's . he list shall include a notarized statement· signed by the applican ne sing the ownership information provided is accurate and current, typically no older unless otherwise approved by the Development Services Division. ~~~~~~~~~~~~~~~~~ Mallin bels: Please submit 2 sets of self-adhesive m ., a e 5 Includin name, mailing a ss, and King County Assessor's account numbers for all prop ers within 300-feet of e boundaries of the subject site. You do not need to provi~elopes, me e or --"'''''"'"s. The Development Services Division will provo tl'lese items, although the applicant pays po for one set of mailing labels. Neighborhood Detail 1" = 200' (or other scale ve the site lo<:ation 0 ic notices and iew compatibility with surrounding land uses. The map shall ic;\llll the subject site with a mucti er perimeter line than surrounding properties and In Oe at least two cross streets in all directions Ing the location of the subject site re e to property boundaries of surrounding parcels. The hall also show: the property's ot lines, existing land uses, boundaries of the City of Renton (if app I , north arrow (oriented to the top of the plan sheet), graphic scale used for the map, and City of Re not King n street names for all streets shown. Site Plan: Please provide 12 cople's of a fully-dimens oned plan sheet drawn at a scale of 1"=20' (or other scale approved by the Development Services Division). We prefer the site plan be drawn on one sheet of paper unless the size of the site requires several plan sheets be used. If you are using more than a single plan sheet, please indicate connecting points on each sheet. The Site Plan should show the following: o Name of proposed project o Date, scale, and north arrow (oriented to the top of the paper/plan sheet) o Drawing of the subject property with all property lines dimensioned and names of adjacent streets o Widths of all adjacent streets and alleys o location of all existing public Improvements including, but not limited to, curbs, gutters, sidewalks, median islands, street trees, fire hydrants, utility poles, etc., along the full property frontage o location and dimensions of existing and proposed: 1. structures 2. parking, off-street loading space, curb cuts and aisle ways 3. fencing and retaining walls 4. free-standing signs and lighting fixtures 5. refuse and recycling areas 6. utility junction boxes and public utility transformers 7. storage areas and job shacks/sales trailers/model homes PVVlDevServ/FormslPlanning/conduse 4 10124/03 .. 14~ • Location and dimensions of all easements referenced in the title report with the recording number and type of easement (e.g. access, sewer, etc.) indicated • Location and dimensions of natural features such as streams, lakes, required buffer areas, open spaces, and wetlands • Ordinary high watermark and distance to closest area of work for any project located within 200-feet from a lake or stream TOPO~?Jhy' M~p: ~e provid~ ~Ies of a Olan sh6Win&e stte'~isting contour lines at fiVe-fOO(Vl!r:tlcallntF ~~ . y 15. h )/ Lan ca Pla~cePtual: Please provide 5 copies of a fully-dimensioned plan drawn at the "'5 same Ie as th roject site plan (or other scale approved by the Development Services Divisi ), learl n ting the following: -cif • Date, graphic scale, and north arrow • Location of proposed buildings, parking areas and access, and existing buildings' • -----. • • • .' • to remain Names and locations of abutting streets and public improvements, including easements . . Existing and proposed contours at two-foot intervals or less -- Location and size of plantii,g'areas _.'-.-'-.. Location and height of proposed berming Location and elevations for any proposed landscape-related structures such as arbors, gazebos, fencing, etc. Location, size, spacing and names of existing (to remain) and proposed shrubs, trees, ground covers, and decorative rockery or like landscape improvements in relationship to proposed and.existing utilities and structures For wireless communication facilities, indicate type and locations of existing and new plant materials used to screen facility components and the proposed color( s) for the facility 161JTree Cuttl e ring ee Inventory) Plan: Please provide 4 copies of a plan, based on finished to cale with the northem property line at the top of the paper. if ANY trees or vege e removed or altered (if no trees or vegetation will be altered, please state so in yo r lee! ·ve). The plan shall clearly show the following: • I prope boun aries and adjacent streets • Location f all areas proposed to be cleared • Types and sizes of vegetation to be removed, altered or retained. This requirement applies only to trees 6' caliper "at chest level" and larger • Future building sites and drip lines of any trees which will overhang/overlap a construction line • Location and dimensions of rights-of-way, utility lines, and easements • Any trees on neighboring properties which are within 25-feet of the subject property . :;;:"0 and which may be impacted by excavation, grading or other improvements ('~17.V Architectural Elevations: Please provide 5 copies, for each building and each building face :1\ (N,S,E,w), of a 24' x 36' fully-dimensioned architectural elevation plan drawn at a scale of 1/4' = ~ l' or 1/8' = l' (or other size or scale approved by the Development Services qivision). The plans 0''11''> must clearly indicate the information required by the 'Permits' section of the currently adopted Uniform Building Code and RCW 19.27 (State Building Code Act, Statewide amendments), including, but not limited to the following: . • Identify building elevations by street name (when applicable) and orientation i.e. Bumett Ave. (west) elevation • Existing and proposed ground elevations PW/DevServ/Fonns/Plannlng/conduse 5 10124/03 . .. 1~ __ o Existing average grade level underneath proposed structure o Height of existing and proposed structures showing finished roof top elevations based upon site elevations for proposed structures and any existing/abutting structures o Building materials and colors Including roof, walls, any wireless communication facilities, and enclosures o Fence or retaining wall materials, colors, and architectural design o Architectural design of on-site lighting fixtures o Screening detail showing heights, elevations, and building materials of proposed screening andlor proposed landscaping for refuse/recycling areas o Cross section of roof showing location and height of roof-top equipment (include air conditioners, compressors, etc.) and proposed screening Floor Plans: Please provide 5 copies of a plan showing general building layout, proposed uses of space, walls, exits and proposed locations of kitchens, baths, and floor drains, with sufficient detail for City staff to determine if an oillwater separator or grease interceptor Is required and to determine the sizing of a side sewer. W nd Repo D neallon: Please provide 12 copies of the map and 5,copies of the report if AN eUands ar ted on the subject property or within 100 feet of the subject property. The eU re de I ation must include the following: description of the project and maps at a scale no smaller than 1" = 200' showing the entire parcel of land owned by the applicant and the wetland boundary surveyed by a qualified weUands ecologist pursuant to RMC 4-3-050M3 o A description of the vegetl,jtive cover of the wetland and adjacent area including identification of the dominant plant and animal species o A site plan for the proposed activity at a scale no smaller than 1" = 200' showing the location, width, depth and length of all existing and proposed structures, roads, stormwater management facilities, sewage treatment and installations within the wetland and its buffer o The exact locations and specifications for all activities associated with site development including the type, extent and method of operations .. o Elevations of the site and adjacent lands within the wetland and its buffer at contour Intervals of no greater than five feet or at a contour Interval appropriate to the site topography and acceptable to the City o Top view and typical cross-section views of the wetland and its buffer to scale o The purposes of the project and, if a variance Is being requested, an explanation of why the proposed activity cannot be located at another site o If wetland mitigation is proposed, a mitigation plan which includes baseline Information, environmental goals and objectives, performance standards, construction plans, a monitoring program and a contingency plan. For more information regarding the mitigation plan consult RMC 4-8-120D23 o Such other information as may be needed by the City, including but not limited to, an assessment of wetland functional characteristics, including a discussion of the;- methodology used; a study of hazards if present on site, the effect of any protective F measures that might be taken to reduce such hazards; and any other information 'r deemed necessary to verify code compliance ., ' .. ·n'!' lease provide 12 copies of a scaled plan showing the nature,location~7/1 J (~.; s, and e ations of the area In question; existing or proposed structures, fill, storage of .' dr . ag acilitles. Also indicate the following: o Ele tion in relation to mean sea level of the lowest fioor (including basement) of all structures o Elevation in relation to mean sea level to which any structure has been floodproofed o Certification by a registered professional engineer or architect the flood proofing PWlDevServ/FormsJPlannlnglconduse 6 10/24/03 , .~.' methods criteria in RMC 4-3-050 have been met • Description of the extent to which a watercourse will be altered or relocated as a result of proposed development Habitat Data Report: If the project site contains or abuts a critical habitat per RMC 4-3-050B5b, please provide 12 copies of a report including the following: Site Plan indicating: • The vegetative cover types reflecting the general boundaries of the different plant communities on the site • The exact locations and specifications for all activities associated with site development including the type, extent and method of operations • Top view and typical cross-section views of critical habitat/wildlife habitat to scale • The results of searches of the State Department of Fish and Wildlife's Natural Heritage and Non-Game Data System databases • The results of searches of the Washington State Department of Fish and Wildlife Priority Habitat and Species database Narrative Report Indlcatlng:-----------"-- • The layers;-diversity and variety of habitat found on the site • The location of any migration or movement corridors • The species typically associated with the cover types, including an identification of any critical wildlife species that might be expected to be found • Identification of any areas that have been previously disturbed or degraded by -h,!man activity or natural processes • -A summary of existing habitat functions and values, utilizing a habitat evaluation procedure or methodology approved by the City • A summary of proposed habitat alterations and impacts and proposed habitat management program. Potential impacts may include but are not limited to clearing of vegetation, fragmentation of wildlife habitat, expected decrease in species diversity or quantity, changes in water quality, increases' in human intrusion, and impacts on wetlands or"water resources , Utilities Plan, Generalized (sewer, water;-storrnwater; transportation Improvements): Please provide 5 copies of a plan drawn on 22" x 34" plan sheets using a graphic scale of 1" = 40' (or other size or scale approved by the Development Services Division) clearly showing all existing (to remain) and proposed public or private improvements to be dedicated or sold to the public including, but not limited to, curbs, gutters, sidewalks, median islands, street trees, fire hydrants, utility poles, free-standing lighting fixtures, utility junction boxes, public utility transformers, etc., along the full property frontage. The finished floor elevations for each floor of proposed and existing (to remain) structures shall also be shown. _ Oral ge ontrol Plan: Please pr~vide '5°'coples 'of a plan dra":m to scale __ and stamped by a Wash on State licensed professional engineer and complying with the requirements of Renton Muni . ode, Section 4-6-030 and the King County Surface Water Management Design Manual, 1 edition, as adopted by the City of Renton. port: Please provide 4 copies of a report complying with the requirements of the ton Drafting Standards, Section 4--6-030 of the City of Renton Municipal Code and the King Co Surface Water Management Design Manual (KCSWDM), 1990 edition, as adopted by the ity of enton. The report must contain the following: • The stamp and signature of a Washington State licensed professional engineer • Complete Technical Information Report (TIR) Worksheet • A description of the existing and proposed on-site drainage features and PWlDevServ/FormsiPlanning/conduse 7 10124/03 .:( ~:} ~~ ~~~~ 0 0 0 ~ b construction required Core and Special Requirements: Show that Core Requirements 1 - 5 Section 1.2 of KCSWDM are addressed Show that all Special Requirements in Section 1.3 of KCSWDM that are applicable to this project are addressed Biofiltration swale preliminary and conceptual design calculations (per Section 4.6), if for project site sub-basins with more than 5000 square feet of new . ~ impervious area subject to vehicular use or storage of chemicals 0 Wet pond sizing preliminary and conceptual design calculations 0 ~ ""i~~ A Level 1 Off-Site Analysis, as described in Core Requirement #2. (Level 2 or 3 analysis may be requested later If a downstream problem is found or anticipated from review of the Initial submittal of the Drainage !3eport) 2~ 2~ Geotechnical Report: Please provide 5 copies of a study prepared and stamped by a State of Washington licensed professional engineer including soils and slope stability analysis, boring and test pit logs, and recommendations on slope setbacks, foundation design, retaining wall design, material selection, and all other pertinent elements. Traffic Study: Please provide 5 copies Qf a [eport prepared by a State of Washington' licensed professional engineer containing the elements and information identified in the City of Renton 'Policy Guidelines for Traffic Impact Analysis of New Development' in sufficient detail to define ~tential problems related to the proposed development and identify the improvements ecessary to accommodate the development In a safe and efficient manner . 27. Plan Reductions: Please provide one 8 Ya" xii" PMT reduction of all re 'red full size n sheets but not limited to landscape plans, conceptual utility plans, site pia ne or 00d detail map, topography map, tree cuttlng/iand clearing plan, grading plan, and preliminary pap an or similar). These reductions are used to prepare public notice posters and to provide the public with information about the project. A PMT reduction is an original white/opaque (Not transparent) photographic reduction. Xerox reductions or lotted reductions cannot be acce ted. Please ensure the reduced orhoo e BI ap s egible and will displa nough cross streets to easily identify the pr . ct location when crop ed to fi . 'b 6' lic notice space. Once the PMT redu s ve a e, ase rovide one 8 Ya" x 11" photocopy of each PMT sheet. 0 raphlcs (425)-251-8230 nd Reprographics NW/Ford Graphics (206)-624- 2040, (425) 883-1110, provi e this service. Colored Maps for Display (DO NOT MOUNT ON FOAM-CORE OR OTHER BACKING): Please color 1 copy of each of the following full size plan sheets (24' x 36') or other size approved by the Development Services Division) with a 1/4' or larger felt tip marker for use In presenting the project to the Environmental Review Committee and at any required public hearing: , 0 Neighborhood Detail Map ',.,J' "-0 Site Plan-btl #1',1 &0, d6l:: '" r ., 't-0 Landscaping Plan J'-0 Elevations " The following colors are required: '.) \ ' -\ ~ ~ Red-North Arrow, outer property boundary. Proposed new lot lines (dashed). 00 not color -(' or') ~ ~ Ilxisting lot lines which are to be eliminated or relocated . .J ......J Blue-Street names identified with lettering of at least l' in height Street names must be , ~ ~ legible at a distance of 150ft. ' ~ . ~ '-..f:.-Brown-Existing buildings (Please do not color buildings which will be demolished or , :=-\S' removed) PW/DevServ/FormsJPlannlng/conduse 8 10124/03 ,. Yellow-Proposed buildings Light Green-Landscaped areas Dark Green-Areas of undisturbed vegetation All Plans and Attachments must be folded to 8%" by 11" REVIEW PROCESS: Once a complete land use application package has been accepted for initial review, the Development Services Division will post three notices of the pending application at or near the subject site and mail notices to property owners within 300 feet of the project site. The proposal will be routed to other City departments and other jurisdictions or agencies who may have an interest in the application. The reviewers have two weeks to retum their comments to the Development Services Division. Within approximately two weeks, the Development Services Division will prepare a report regarding the proposal's compliance with applicable codes and the -. City's review criteria. .-------.------------ The application will then be presented to the City's Environmental Review Committee. The Environmental Review Committee is comprised of the Administrator of the Planning/Building/Public Works Department, the Administrator of Community Services, and the Fire Chief. The Committee is responsible for determining whether the proposed project will_result in significant adverse environmental impacts." To do this, the committee will consider such issues as environmental health hazards, wetlands, groundwater, energy and natural resources and will .then issue its decision (Environmental Threshold Determination). The Environmental Review Committee will either issue a: • Determination of Non-Signlficance (DNS)-Make a determination the proposal will have no significant negative environmental inipacts, or • Mitigated Determination of Non-Slgniflcance (DNS-M)-Make a determination the proposal, if modified,.would have no significant negative environmental impacts, or • Determination of Significance (DS)-Make a determination the proposal will have significant adverse environmental impacts and require the applicant to submit an Environmental Impact Statement (EIS) prepared by a qualified consultant Once the Environmental Review Committee has issued its Environmental Threshold Determination (providEl~ an EIS is not required), a public notice of the Determination is printed in the South County Joumal and three notices are posted at or near the site. A 14-day appeal period commences following the publication date. At the discretion of the City, a separate and additional 15-day comment period may be added prior to the 14-day appeal period. The remainder of the review process differs depending on whether a public hearing is required. Section 4-2-060 of the Renton Municipal Code stipulates whether or not a public hearing is required. Administrative Conditional Use Permit Review: A public hearing is not required. The Development Services Division reviews the proposal in conjunction with the Environmental Review Committee decision and any staff or public comments prior to making a decision. The decision to approve, conditionally approve, or deny the proposal will be mailed to all persons listed on the Master Application and all parties of record. PWlOevServ/FormsIPlannlnglconduse 9 10124/03 ~----- Hearing Examiner Conditional Use Permit Review and Review of Environmental Determination Appeals: A public hearing is required. After review of the proposal and any staff or public comments, the Development Services Division staff will forward a report and recommendation and the Environmental Review Committee decision to the Hearing Examiner prior to the hearing. This report will be mailed to all persons listed on the Master Application and all parties of record. Notice of the public hearing will be published in the South County Journal at least 10 days prior to the hearing, the site will be posted again, and parties of record will receive notices of the hearing via mail. Applicants are strongly encouraged to attend the public hearing for their proposal. City staff will first make a presentation to the Hearing"Examiner abc:>ut the proposal. Then the applicant and any citizens in support of the proposal will give testimony. When giving testimony, names and addresses must be stated . for the record. Following this, individuals with neutral or opposing comments will give their testimony to the Hearing Examiner. City staff or the applicant will address additional questions raised throughout the hearing. The Hearing Examiner will review the proposed application concurrently with any environmental appeals and issue a final decision(s) within 14 days of the hearing unless, at the time of the public hearing, the Hearing Examiner indicates additional time will be required for issuance of the decision. The decision to approve, conditionally approve, or deny the proposal will be mailed to all persons listed on the Master Application and all parties of record. The Examiner's decision on any environmental appeals will also be mailed. APPEAL AND RECONSIDERATION PROCESS FOR DECISIONS: Any person, including the : applicant, aggrieved by the granting or denial of an application, may make a written application for 'reconsideration to the Reviewing Official within 14 calendar days of the date of the decision. After . review of the request, the Reviewing Official may take whatever action is deemed proper. The Reviewing Official's written decision on the reconsideration request will be mailed to all parties of record within 10 days from the date the request was filed. If any party is still not satisfied after a reconsideration decision has been issued, an appeal may be submitted within 14 days to: o The Hearing Examiner for Administrative decisions o The City Council for Hearing Examiner decisions An appeal may be filed without first requesting reconsideration by the Reviewing Official, however, it must be filed within 14 days of the date when the Original decision was issued. See Renton Municipal Code, Section 4-8-110 for further information on the appeal process and time frames. BUILDING AND CONSTRUCTION PERMIT ISSUANCE AND INSTALLATION OF IMPROVEMENTS: In the City of Renton, a Building Permit must be obtained to build buildings and structures. A Construction Permit must be obtained to install utility lines, transportation improvements and undertake work in City right-of-ways. Building and Construction Permits are separate permits. Applicants may apply for building and construction permits concurrently with their request for a land use application. However, the applicant should be aware any conditions of land use permit ' approval may create a need for revisions to other permit applications whereby additional fees may be charged. Refunds of building permit charges are not available. If no appeals or reconsideration requests are filed within 14 days of the effective date of the decision to approve the application, the applicant may obtain building and construction permits. A PW/DevServ/FormsJPlannlnglconduse 10 10124/03 construction permit for the installation of on-site and off-site utilities will be issued upon the review and approval of civil engineering drawings by. the Division's Public Works Section and receipt of all applicable development and permit fees. A building permit will be issued upon the Building Section's approval of building plans and receipt of all applicable fees. DEFERRAL OF IMPROVEMENTS: If a developer wishes to defer certain on-site or off-site improvements (Le. landscaping, curbs and sidewalks), written application with full and complete engineering drawings must be submitted to the Development Services Division. The application should explain the reasons why such delay is necessary. If approval is granted, security in the form of an irrevocable letter of credit, set-aside fund, assignment of funds, certified check or other type of security acceptable to the City shall be furnished to the City in an amount equal to a minimum of 150% of the estimated cost of the required improvements. EXPIRATION AND EXTENSIONS: Once an application has been approved, the applicant has two years to comply with all conditions of approval and to apply for any necessary permits before the approval becomes null and void. The approval body that approved the original application may grant a single one-year extension. The approval body may require a public hearing for such . extension. . -- PWIDevServlFormsIPlanning/conduse 11 10124103 J>!Q.Ili Th •• " ............. ",...,oO .... ,,_, •. , ... . n.. , ••• ' .... ,1,,' .. Lor ,., .. , ......... --. • .-" .. , _d, .. ,,, .. ","."". '-"" "-,,, ...... u,," ..... ... .,,, ...... •. ~ ".,1 .. ..,..,I'''' __ •• , , .... " -,-.... -". -' .. ,-" .. """ • ., .. ,.., •• " ....... C'-O ..... Il .... Clfi ...... ' •• "". .. .",,,,.._,,,, .. <0<=,, ..... ,, ...... >00:,,,,,, ,,,._,"'''OO,.-wn'''''·''-·'· ,." .1! ' ........ n" .... ",,,,,,., .00'" .... ,," -"'. "' ....... '."".T ........ "" ......... ·"<~"..,,,.,· .. ··'·'·-"-, ... "-''' .. ",.,, .. ~.-.... ,, ..... ,. , < -C.,. ("~_.o .... LEGAL OESeR IPTION AVE. N.E. '"I S: :~f',,,o------------------ , , , , , <Or -1.-0'02. /S· -2 " S&. 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'".~ ,~----!lJ/, ~ I : OJ. ~ ~~ .,. ... ~u_", L -,-.oL '~'1 ':;: .,~:; b.e""c __ ','i!_ ,," "'<, -" tr( \ ~ Nm'OOW, ,~ ~ ~ "-. ~,~ , ::: "I" ..:: -XCEPT/o/'/ i<i. u, '$, 1:::; '-~ 'J ~ (U.5 POST O/'F/t::E) "I~ ~t {"\:# '--", ,Z5-! ~\ -130_70':~~ 'I ':.\ ~ : ~OIJA/{)Mr.;N :~"4'''' ... -._-~4' ~I,'t\"-i' 'Iii "' __ Ss .~n A' '4S'lj'_L~20~_ i 3~-'" ,';+ -1. o !!---::-A Vf N -5i-L--~' It~,.,"'D " : ',0" J,I'-ef-v I ,~~~' DEVELOPMENT PLANNING .,d(' -. CITY OF RENTON ~} '.\:-,& -~, -~" ~'~IPE .... """ ..... C;<$E HARSTAD ~ CONSULTANTS CM\. EN<:;'NttflS • L/.Ntl SURI'E'IOftS 1<lO2 ""......, ~1 ... ~-..., ......... ,g\On NO:I1 ·1~11"7-.a:13Ol MAR 252005 RECEIVED w 2: ~ .~. ! " " , , , i" 'J "". 0 "' , '" " • > • w " , ~ 2 • 0 u JI~O "''''..: --' ~, ",~l ~¥~ 0 .;-. , 'V " Q; ~ • ; • t i ~ , ! , • ! • 'j i L. I !I! , , " j !~ h 11 II cl 1· H~ . , I; l !l l' ~i ~~ !i~ H~ " ~i J I.: ,. 'i~ ~ .,:ri flO " s :i i]; ij ~j!: i: ! E ':l 1 i 1 f !! t ! j~ • , , ! , 1 1 ~ i i T I i , i z . I i 1 ; • w' I I , , I l , ! '" , i : t , ; , I • I I : • i w • 1 ~ a/:.. t • ..J : .. ,'l '. ~ i ; , • ~ 5 ! 0 , ,m()i! I ! ~ ~ it , It , ;~ l~ £4 i ~ g~ I, " !: " "' ' : i-.: •• s~ ~~ 1 .! ]1 , ii 1 i a~ , David Mitts One New Man Ministry 2830 Sunset Lane NE Renton, WA 98056 tel: 425-277-2775 eml: david@lnewman.org (applicant / contact) Updated: 03/28/05 PARTIES OF RECORD One New Man Ministry CU Permit LUA05-035, CU=H Rob Bensussen, Property Mgr. Greater Hilands LLC c/o Morris Piha Real Estate Services 14100 SE 36th Street ste: #200 Bellevue, WA 98006 tel: 425-643-8400 (owner) (Page 1 of 1) z o i= 0.. it u III W o ...J c:( Cl W c:(...J .... 0: -0 m--0 :X:z Xc:( Will W III :E W 0: 0. u.. o ~ :; 3b=~v~ . t~ 0 ~@MJfJ~ SM\l4~ ~'lo va(9J ~~J~~ , ~IVJ D . ./ lJ ~u r DJ __ 0) ?; ~-<,< Y"> ~E & Q '-~ <"i !:.tJ :zcr ..., .... if "-<-., ,,":,: a. 0 Cl:< ..... ~& ~ & g); n~~'/\'~\ 0 \ .. -----'\"\" -- ••. n..... d /' ... n_... \' \\ .J~ .' \ II ~~/ . ,;L-----~ ifj ~ Q .~.r._. 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SU~SET HIGHWAY (~R 900) • I g .. _----_. A .. I ...... ••• 11 •• 01 •• "· .... ' ... -... Wt.w.. .,.yl •••• , •• ,. •• 1 u.. .... ft, '. ___ 1 •• -btto_ ...... ' •• ,." Greater Highlands Shop Center Renton, Washington Site Plan [uf-'t-'j--JE-j ®n Morris Piha Company n" ... III r23N R5E E 112 U I ::0 """ m Ave. jlI N('ZJ. 6 -SlI o I I': !. . "";~ .. ".,' / I, ''-~'.-.-~ ~ ,; I , , x " , 0 ~ , ~ I I , '.~. C'" ~~. ~. ;,;; l .~ . t ., ~; ,; , ,:'00' .' ~: : ~.,., ,~; • f~ 0 -~-1 c , --: , , , I I -, ,0 ~ I r ~: I ) I " , I" , I , ~ ... ~ , -L (1X .,~' .•. ~ ~ '\, :': ~ ::s-~ Z. ~ ~ 1-' ~ ~!; Z --1-""---------____ .. >e:, •.. ___ -----i-,I I ! ~~ + h r-n--~" ;l--r- Ii':, \ Ii I'r: r';;\},r-L_ \i I .::' ~--J" ~ . i \ I I '.'. I I! :1 I: I' . ~ _J;~~.i 1 I " I' +------....:.I..t------ i I' i , ,. I !. I: I· i . , • 'I' ~. I : --\ \ ~- I \ ! I"' i i l i I, \ i~ \ \ I i, \ \ \ I . ~--J-- ~---t ;U~~l ': I I , I I \ I , I .. -~---.~-!.-' P i '-j'" ·-.-.~E!:;~ I I , -----~----.I- , .. ,~. : ~ .. _"" I r----+. I ~,'-.. " \ \ I I !t I' i -i_J_ , , ! I' I ~ B • ~ • • • Ii , ~!J: ! ~! E::: :j j ., f 0 a " ii ~j " !,MII 1'1::1 ~,~u , ,. , , ~~~§i ;~E ~i , o::>::>:;~~ >::>::'1: !::'( STATE OF WASHINGTON, COUNTY OF KING } AFFIDA VIT OF PUBLICATION PUBLIC NOTICE Tom Meagher, being first duly sworn on oath that he is the Legal Advertising Representative of the King County Journal a daily newspaper, which newspaper is a legal newspaper of general circulation and is now and has been for more than six months prior to the date of publication hereinafter referred to, published in the English language continuously as a daily newspaper in King County, Washington. The King County lournal has been approved as a Legal Newspaper by order of the Superior Court of the State of Washington for King County. The notice in the exact form annexed was published in regular issues of the King County Journal (and not in supplement form) which was regularly distributed to it' subscribers during the below stated period. The annexed notice, a Public Notice was published on May 13, 2005. The full amount of the fee charged for said foregoing publication is the sum of $66.00. ~~ Tom Meagher Legal Advertising Representative. King County lournal ~ ,,, •• ,' 0' M.,. ''''' \1\1111111/1/, ~" t,. 8,<\ "'" , ...... '!\)toi.' ••• '''h .• ~/> ~ .:-O~",.OTARr··' 0 ... ~ '-;,' \.:..t.;. ~ . ~ - :: EXP. : = : en : 04128/2009 : ~ ;: :.....;~. lo~ -:.~\ .. ~ ... -;. <';0 •• •• Pu"Llc •• ·::.,.0 ,,~ -:. 0 ....... ~. \\" " "" 'P WASP \", "'",,,n\\\ lody(y-. Barton Notary Public for the State of Washington. Residing in Kirkland. Washington P.O. Number: Cost of publishing this notice includes an affidavit surcharge. NOTICE OF PUBUC HEARING RENTON HEARING EXAMINER RENTON,WASHINGTON A Public Hearing will be held by the Renton Hearing Examiner in the COWlcii Chambers on the seventh floor of Renton City Hall, 1055 South Grady Way, Renton, Washington, on May 24, 2005 at 9:00 AM to consider the following petitions: One New Man Ministry Conditional Use Permit LUA05-035. CU-H Location: 2806 NE Sunset Blvd. Description: The proposal is to operate a church, One New Man Ministry, within an existing 12,175 square foot building. The subject site is zoned Center Vtllage (CV). Church services would occur twice a week on Mondays and Fridays from 7:30 pm to 10:30 pm, childcare is provided during the services. No construction is proposed as a result of this proposal. All interested persons are invited to be present at the Public Hearing to express their opinions. Questions should be directed to the Hearing Examiner at 425430-6515. Published in the King CoWlty Journal May 13.2005. #859113 ~ City of ~n Department of Planning / Building / pUbllJ,kS ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: ~vM APPLICATION NO: LUA05-035, CU-H v v APPLICANT: David Mitts PROJECT TITLE: One New Man Ministry CU Permit SITE AREA: 75,453 square feet LOCATION: 2830 Sunset Lane NE COMMENTS DUE: MAY 6, 2005 DATE CIRCULATED: AP ........ PROJECT MANA~ Jill Hall J ') PLAN REVIEW: kn lilian ~ --r;:'- \ v' BUILDING AREA (gross): N/A I WORK ORDER NO: 77402 SUMMARY OF PROPOSAL: The proposal is to operate a church, One New Man Ministry, within an existing 12,175 square foot building. The subject site is zoned Center Village (CV). Church services would occur twice a week on Mondays and Fridays from 7:30 pm to .10:30 pm, childcare is provided during the services. No construction is proposed as a result of this proposal. A. ENVIRONMENTAL IMPACT (e.g. Non-Code) COMMENTS Element of the Probable Probable More Element of the Probable Probable More Environment Minor Major Information Impacts Impacts Necessary Environment Minor Major Information Impacts Impacts Necessary Earth Housing Air Aesthetics Water lJghtlG/are Plants Recreation Land/Shoreline Use Utilities Animals Transportation Environmental Health Public Services Energy/ Historic/Cultural Natural Resources Preservation Airport Environment 10,000 Feet 14,000 Feet B_ POLICY-RELA TED COMMENTS C_ CODE-RELA TED COMMENTS We have reviewed this application with parlicuJar attention to those areas in which we have experlise and have identified areas of probable impact or areas where addition information is needed to properly assess this proposal. Signature of Director or Authorized Representative AFFIDAVIT OF SERVICE BY MAILING STATE OF WASHINGTON) ) ss. County of King ) Nancy Thompson being 1il'st duly sworn, upon oath, deposes and states: That on the 7''' day of .Iune 2005, affiant deposited via the United States Mail a sealed envelopc(s) containing a decision or recommendation with postage prepaid, addressed to the parties of record in the below entitled application or petition. Signature: SUBSCRIBED AND SWORN to before me this 7/Jr day of ::runE.. ,:W05. Application, Petition or Case No.: Notary Publ ic in and for the State of Washington Residing at -p., . .rf-h e r I , therein. One New Man Ministry Conditional Use File No.: LUA 05-035, CU-H The Decision or Recommendation contains a complete list of the Parties of Record. June 7, 2005 OFFICE OF THE HEARING EXAMINER CITY OF RENTON IU:PORT AND RECOMMENDATION APPLICANT: OWNER: LOCATION: SUMMARY OF REQUEST: SUMMARY OF ACTION: DEVELOPMENT SERVICES REPORT: PUBLIC HEARING: David Mitts One New Man Ministry 2830 Sunset Lane NE Renton, W A 98056 Rob Bensussen, Property Manager Greater Hilands LLC C/o Morris Piha Real Estate Services 14100 SE 26'h Street, Ste. 200 Bellevue, W 1\ 98006 LUA-05-035, CU-I'I 2830 sunset Lane NE Conditional Use Permit in order to operate the One New Man Ministry Church. Development Services Recommendation: Approve The Development Services Report was received by the Examiner on May 17,2005. After reviewing the Development Services Report, examining available information on file with the application, field checking the property and surrounding area; the Examiner conducted a public hearing on the subject as follows: MINUTES The/ollowillg mill utes are a summary of the May 24,2005 "earillg. Tire legal record is recorded 011 CD. The hearing opened on Tuesday, May 24, 2005, at 9:00 a.m. in the Council Chambers on the seventh floor of the Renton City Hall. Parties wishing to testify were affimled by the Examiner. The following exhibits were entered into the record: Exhibit No. I: Yellow file containing the original Exhibit No.2: Site Plat application, proof of posting, proof of publication and other documentation pertinent to this rcqllcst. Exhibit No.3: First Floor Plan Exhihit No.4: Zonin o M<lp Exhibit No.5: Photo ShowingSoutheast Elevation One New Man Ministry Condilional Use Permit File No.: LUA-05-035, CU-H June 7 2005 Page 2 The hearing opened with a presentation of the staff report by Jill Hall, Senior Planner, Development Services, City of Renton, 1055 S Grady Way, Renton, Washington 98055. The proposed site is north and west or Sunset Lane NE and north and east of Han'ington Avenue NE and located within the Greater Hilands Shopping Center strip mall development. The property is zoned Center Village (CV). The Conditional Use Permit is being requested to convert a previously existing Bingo Hall into the One New Man Ministry Church. Services will be held twice weekly, Monday and Friday from 7:30 pm to 10:30 pm. The church has been operating on the site without proper approvals, code enforcement is being held in abeyance pending approval of this Conditional Use Permit. The existing structure in which the church is housed is approximately 12, 175 squarc fcet. On the City's Comprehensive Land Use Plan the site is designated Center Village (CV) and is consistwt with that Plan criteria for this particular usc. The proposed church usc is not expected to increasc noise, odor, traffic, or produce other adverse impacts to surrounding properties. All parking for the church is on site and will share parking with the other businesses. The strip mall is a pre-existing legal non-conforming use and no exterior additions are proposcd as a part of this proposal. The applicant has indicated that the congregation consists of approximately 50 people with the potential to grow to between 200 and 250 people before they will need to move to another facility. The applicant shows 47 on- site parking spaces 2 of which are handicap spaces for the entire strip mall. The parking demand for the church is primarily during their evening services, which docs not conflict with other businesses in the strip mall. One parking space is required for every five seats. Karen Kittrick, Development Services stated that she had nO comments or additions to the Conditional Use Permit request. David Mitts, Pastor, 12625 SE I 92"d Street, Renton, WA 98058 stated he is the applicant and that he had nothing to add to the hearing. The Examiner called for further testimony regarding this project. There was no one else wishing to speak, and no further comments from staff. The hearing closed at 9: I 4 a.m. FINDINGS, CONCLUSIONS & RECOMMENDATION I-laving reviewed the record in this matter, the Examiner now makes and enters the following: FINDINGS: I. The applicant, David Mitts, filed a request for a Conditional Use permit. 2. The yellow file containing the stafrreport, the State Environmental Policy Act (SEPA) documentation and other pertinent materials was entered into the record as Exhibit #1. 3. The Environmental Review Committee (ERC), the City's responsible official issued a Determination of Non-Significance (DNS). 4. The subject proposal was reviewed by all departments with an interest in the matter. j One New Man Ministry Conditional Usc Permit File No.: LUA-05-035, CU-I'I June 7 2005 Page 3 5. There was no opposition from the public regarding the subject proposal. 6. The subject site is located at 2830 Sunset Lane NE. The subject site is west of Sunset Boulevard and north of N E 10th Street. 7. The map element of the Comprehensive Plan designates the area in which the subject site is located as suitable for the development of Center Village uses, that is mixed urban residential and commercial uses, but docs not mandate such development without consideration of other policies of the Plan. 8. The subject site is currently zoned CV (Center Village). 9. The subject site was annexed to the City with thc adoption of Ordinance 1246 enacted in April 1946. 10. The subject site is approximately 1.73 acres or 75,453 square feet. The subject site is actually part of a shopping centcr complex and the building that would comprise the proposed use is 12,175 square feet. The building had been used as a Bingo Hall. II. The subject site is essentially level. 12. The applicant proposes establishing a church in the existing building. Tile applicant proposes no external alteration of tile building or facade although there is a sign on the facade announcing the church. 13. The church already has been established at the enrrent location but was done so without the proper permits. The applicant applied for the Conditional Usc permit needed to cstablish a church at this location. 14. The current congrcgation totals approximately 50 people. The current facility's square footage could accommodate approximately 200 to 250 people under normal assembly situations. If the congregation grew to that number the church would either have to move or attempt to enlarge the existing facility. 15. The church holds services on Monday and Friday evenings between 7:30pm and IO:30pm. Those hours could change. The church would also hold occasional weekend seminars and bible studies. Offices for administration would be accommodated in the building. There would be childc"rc during services. 16. Staff noted that the proposed hours of operation would generally 110t interfere with traffic and that parking could be shared with the entire shopping complex. 17. Buildings in the CV Zone may be 50 feet tall unless abutting a residential zone. The current use does not abut a residential zone and is less than 50 fcet tall. The zone permits lot coverage of 65% or more with enclosed parking. The entire structure covers approximatcly 34% of the site area (25,182 square feet175,453 square feet). 18. A front yard setback not to exceed 15 feet is required in the CV Zone. The existing building does not meet that standard but as a preexisting structure it Illay remain in use and be reused as proposed. The structure also requires a I O-foot side yard along a street and no other side yard or rear yard setbacks are required. The building meets these requirements. 19. Access to the site is provided by Sunset Lane. The site is located a block west of the major arterial of Sunset Boulevard. One New Man Ministry Conoluonal Use Permit File No.: LUA-05-035, CU-H June 72005 Page 4 20. The use requires I parking stall for each 5 scats. The proposed use will provide 47 parking stalls and two of these provide handicapped parking. Staff noted that 19 additional stalls are located along the street. Staff further noted that religious assemblage requires fcwer stalls than the prior bingo hall. 21. Utility infrastructure will be unchanged by the new use. The City provides stormwater, sewer and domestic waler to the site. 22. Staff noted that the existing usc is already landscaped. CONCLUSIONS: I. The applicant for a Conditional Use Permit must demonstrate that the use is in the public interest, will not impair the health, safety or welt:lre of the general public and is in compliance with the criteria found in Section 4-9-030.G which provides in part lhat: a. ~he proposal generally conforms to the Comprehensive Plan; b. There is a general community need for the proposed usc at the proposed location; c. There will be no undue impacts on adjacent property; d. The proposed lise is compatible in scale with the adjacent lIses, if any; e. Parking, unless otherwise permitted, will not occur in the required yards; f. Traffic and pedestrian circulation will be safe and adequate for the proposed project; g. Noise, light and glare will not cause an adverse affect on neighboring property; h. Landscaping shall be sufficient to buffer the use frolll rights-of-way and neighboring property where appropriate; and I. Adequate public services are available to serve the proposal. The requested conditional usc appears justified and should be approved 2. The Comprehensive Plan designates this site for commercial and residential uses but permits religious houses of worship in such areas if there are suitable transportation corridors and their impact on adjacent uses would not be untoward. The proposed use is compatible with the Comprehensive Plan. 3. This office generally avoids making determinations about community need when reviewing religious institutions. It is probably an inappropriate criteria given the variety of rei igious denominations that exist. While other criteria mny determine if the use is appropriate or intrusive, this one seem~ inappropriate for governmental review. 4. The proposed usc docs not appear to have any unreasonable impacts on adjacent properties. The church has already been established and does not appear to have generated any complaints. The site was already an assembly focus with the prior bingo hall. One New Man Ministry Condil,vllal Use Permit File No.: LUA-05-035, CU-I-I June 7 2005 Page 5 5. The building already exists and the change in use makes it no less compatible than it was. Its setbacks are pre-existing conditions and apparently created no problems in the past. They are actually larger than now required which should result in no additional impacts. 6. The parking seems adequate and existing circulation patterns are more than adequate. The road system can probably handle this use and arterial access is generally preferred for any type of place of public assembly. 7. There should not be any adverse noise. ligllt or glare problems. 8. Staff noted that the existing landscaping should be sufficient since there is no change in ex!ernal appearance. 9. In conclusion, the proposed use nppcars to be a reasonable lise. DECISION: The Conditional Use Permit is approvcd. ORDERED TI-IIS 7th day of June 2005. FRED J. KAUF AN HEARING EXAMINER TRANSMITTED THIS 7th day of June 2005 to the parties of record: Jill Hall David Mitts 1055 S Grady Way Renton, W A 98055 One New Man Ministry 12625 SE 192"" Street Renton, W A 98058 Rob Bensussen, Property Mgr. Greater Hilands LLC Clo Morris Piha Real E.,tate Services 14 I 00 SE 26th Street, Ste. 200 Bellevue, W A 98006 TRANSMITTED THIS 7th day of June 2005 to the following: Mayor Kathy Keolker-Wheeler Jay Covington, Chief Administrative Oniccr Julia Medzegian, Council Liaison Larry Warren, City Attorney Gregg Zimmerman, PBPW Administrator Alex Pietsch, Economic Development Jennifer Henning, Development Services Stacy Tucker, Developmen! Services Stan Engler, Fire Larry Meckling, Building Official Planning Commission Transportation Division Utilities Division Neil Watts, Development Services Jane! Conklin, Development Services King County Journal ,~ One New Man Ministry Condll,onal Use Permit File No.: LUA-05-035, CU-I'I June 7 2005 Page 6 Pursuant to Title IV, Chapter 8, Section 100Gofthe City's Code, request for reconsideration must be filed in writing on or before 5:00 p.m., ,June 21, 2005. Any aggrieved person fecling that the decision of the Examiner is ambiguous or based on erroneous procedure, errors of law or fact, error in judgment, or C',e discovery of new evidence which could not be reasonably available at the prior hearing may make '1 written request for a review by the Examiner within fourtecn (14) days from the date of the Examiner's decision. This request shall set forth the specific ambiguities or errors discovered by such appellant, and the Examiner may, after review of the record, take further action as he deems proper. An appcal to the City Council is governed by Title IV, Chapter 8, Section 110, which requires that such appeal be filed with the City Clerk, accompanying a filing fee of $75.00 and meeting other specified requirements. Copies of this ordinance are available for inspection or purchase in the Finance Department, first floor of City Hall. An appeal mllst be filed in writing on or before 5:00 p.m., ,June 21,2005. If the Examiner's Recommendation or Decision contains the requirement for Restrictive Covenants, the executed Covenants will be required prior tn approval hy City Councilor final processing of the file. You may contact this office for illfOl-mation on formatting covcnnnts. The Appearance of Fairness Doctrine pl'Ovides that no ex parte (private one-an-one) communications may occur concerning pending land usc decisions. This means that parties to a land use decision may not communicate in private with any decision-maker concerning the proposal. Decision-makers in the land use process include both the Hearing Examiner and members of the City Council. All communications concerning the proposal mllst be made ill public. This public communication permits all interested parties to know the contents of the communication and would allow them to openly rebut the evidence. Any violation of this doctrine would result in the invalidation of the request by the Court. The Doctrine applies not only to the initial public hearing but to all Requests for Reconsideration as well as Appeals to the City Council. 6 i= g, a: u (/) W o ...J <3 W ct...J .... a: -0 aJ--0 :I:z Xc:( Wen W ~ ::0 W II: a. l.L. o a. ~ ~ ~ -, 0--, 4- tJ 30-OiAyf!.l;A¥e . L,\ -~OM.I~ Se¥v'CG ~:1-VIP ~1Ck 1{DJ.f Sfn.. c::2tD • , /' ...... r I 'V __ 2.1'~'/\·" • ," \"'0--~ ./ \ !' .......... 4./' ..... _....\ 11 40~~ . \.... ;L-----'--_.. ~ 1~ o:'~ ~fi! LUI.l. lIo oi:: ~(j f!5 ~~ .... -.. ",.., gg Q '" UJ ""' :s '" iU <l:; (.) ~I.U 0: {f~/ \,' ___ -,~ . I r~RIN=~~~~,'~ -~, '" -: I , V/7i!/171ITl/mJ llT!TTT10~''::\ ---,--J-tI' ~ II ~ ~~~~ ~ .-'" ~\ \ ~~=~~:;;1 \:.-1 711!!!IIIfIIIIII! . 1IIIIIIIMIIITn I~ [ i : ~~l\' - 'I L._ \d zmM'1r:)-" IIII.IWMJJII v///MlJWjLml~I' :: I : '# r--SUNSET LANE HE --L I u..:'> "-'_"-_"-:: )~2S _ •• _. , ____ -_'._ ~ ___ --l. n.1 ,::ji7. .' , , 10 ____ -'" ·~~tffi " ,:'" ". · : · .~. "'" r<~;~ / B~l. .. . ~7Y!~;f$$II/tWI;9 · n ;s,' / § .................. ~ ~'&~\\\~~\~~\~~~\~~ tIIl$llol7fmll;f?l7T!ifJ I .~ t=j. ,t/ ~ L I 1 ' . " "'A' " ' , " ' "." ," •••• \ .• " , • .. • ", "/'" ""t" ~ \ =1-"'1 . . " ,,\' \\ \) \ \$ \ $ \\ i.,'S $\ \$$$\ \ L \$ '.$ \\$ c0~L~JI}I /" 11111 It I 1J?§--. J_.-... _.. ___ . SU~SETHI"HWAY (~R_.O--,--O) __________ _ -.--------, ..... 1. a., •• a •• I1 .... ,1 •• '-I_Th.-... w •• "'.... ., ............. ", •• 1 v. ••• ,.n' ' ..... 1 a •• I •••••• , •• ,." Greater Highlands Shop Center Renton, Washington Site Plan '1n]"<f--"f-JfL-r er Morris Piha Company " .. ~ . .... N q ./J '0 c: '" ...... ..... :r: c: 0 .j.J c: (\J ~ "-' 0 .iJ '" ...... 0. '0 (\J .. '" .. 0 u '" M' "" 0 0 ...... m .:.' "'~~. @ SJ ~-T 'C: '-~IMl~©llH!~ JNj@JbINl®<;;). -: i • . , ~ :\ .. l!l ol ,¥. • .. , , . - c J I • ; "~ ~~ .-. I ! : ...... J ,~ s: '- I , J ) , • • • ~, '\ ':1- ' ... ~~ J h t.lll"\'P'3 r23N R5E E 112 i(J I X) '"""' :g-----I L.....J......l.-lJ--Y J m Ave. 1, . CITY OF RENTON CURRENT PLANNING DIVISION AFFIDAVIT OF SERVICE BY MAILING On the 17'h day of May, 2005, I deposited in the mails of the United States, a sealed envelope containing Preliminary Report to the Hearing Examiner documents, This information was sent to: '.iI:~' ,,!:"5,,""';?il'r·,,~'!.l"'i ,"('j'\l: ." ,,~jl,~ j"\\'i."!,'~'i ,,!\';,,>!!:tl~i' :11t;: • '.;"'1' '1",\',.,0' ,. ~\t:"t'.' :'''''-''li' .,> 'utl~ '~~ ''\''~'''Aj; l!"lh\r.'<'\' "~"'f1~dt~'''·j~~·'~'W·~ :Ii" '::t'." "'I"q :b111 qll:;iiilblli\'I\iljl~! Jliv\tdMh\11:1fThlmhil NameJlE;lIiIIFivul\dh\,,, Hiji \1w ii\\lhl1LA1l1\tal!\jltt'ln ;r>,~~~~~'\ ,:rgCl J"\ 'J?" 1,,1 ~ "". ~. (" ')~, n:' .'.;:;, ;:~ '1;,'11." ':::1 . 11::IW1\:il ':lJkhJhg~\;\l,:ili011!"b1;mh:!'JRepr.e.sentl n ~,:. >\ ,d:" i,' David Mitts Applicant/Contact Rob Bensussen -Greater Hilands LLC Owner (Signature of Sender~7-': ~~'=:4~~~~~~--------4-C~~.E;i-F. KOKKO NOTARY PUBLIC STATE OF WASHINGTON COMMISSION EXPIRES STATE OF WASHINGTON ) SS MAR.C:~ .. 2.!l, 2"f'i ;0... ...... ,;..;.. . , ....... .,. .... COUNTY OF KING ) I certify that I know or have satisfactory evidence that Stacy Tucker signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument. Dated: S;; In If} s: Notary Public in and for the State of Washington Notary (print):_..,C':::---iIt:...:4,--y~rtJJr,--r:::---,/_~_i_de_· _________ _ My appointment expires: Z I/o, /t; 16 '1' ,-;, (\>'0:'_:" 1 t,~~",::',;' t' ''',:,t One New Man Ministry Conditional User Permit ProJQctN~n:le; h ,,:'Ab ,,' _,j", I) ij"", _ ~ _ .'.. II -",' i.pr~qj~~~~*\I"i1j~~~il LUA05-035, CU-H · "CITY OFRENTON HEARING EXAMINER PUBLIC HEARING May 24,2005 AGENDA . COMMENCING AT 9:00 AM, COUNCIL CHAMBERS, 7TH FLOOR, RENTON CITY HALL The application(s) listed are in order of application number only and not necessarily the order in which they will be heard. Items will be called for hearing at the discretion of the Hearing Examiner. PROJECT NAME: One New Man Ministry Conditional Use Permit PROJECT NUMBER: LUA-05-035, CU-H PROJECT DESCRIPTION: The applicant is requesting Hearing Examiner Conditional Use Permit approval in order to operate the One New Man Ministry Church. The proposed church would be located within an existing 12,175 square foot structure in the Hilands Shopping Center (formerly a bingo hall), zoned Center Village (CV). The applicant has indicated that the proposed uses in addition to church services would include occasional weekend seminars, childcare during church services, offices for church administrators, and there may be weekly bible studies. Church services would be held twice a week on Mondays and Fridays from 7:30 pm to 10:30 pm. HEX Agenda OS·03S.doc PUBLIC HEARING City of Renton Department of Planning I Building I Public Works PRELIMINARY REPORT TO THE HEARING EXAMINER A. SUMMARY AND PURPOSE OF REQUEST: Public Hearing Date: Project Name: Owner Address Applicant/Contact Address File Number: Project Description: Project Location: . i ·li .. --.. May 24,2005 One New Man Ministry Conditional Use Permit Rob Bensussen, Property Mgr. Greater Hilands LLC C/o Morris Piha Real Estate Services 14100 SE 26th Street Ste 200 Bellevue, WA 98006 David Mitts One New Man Ministry 2830 Sunset Lane NE Renton, WA 98056 LUA05-035, CU-H Project Manager: Jill Hall The applicant is requesting Hearing Examiner Conditional Use Permit approval in order to operate the One New Man Ministry Church. The proposed church would be located within an existing 12,175 square foot structure in the Hilands Shopping Center (formerly a bingo hall), zoned Center Village (CV). The applicant has indicated that the proposed uses in addition to church services would include occasional weekend seminars, childcare during church services, offices for church administrators, and there may be weekly bible studies. Church services would be held twice a week on Mondays and Fridays from 7:30 pm to 10:30 pm. 2830 Sunset Lane N E co li-, .. r.:t •.... ~ ... I : I NE'lOI I . . I . 1 I( FfTI.,1 ~ RM.". NE'9th" .' 1. .. ,._ ,,' •... ~. } . .. ~. I z IZ;s:r Ci.r-- 1..1. City of Renton P/BIPW Department One New Man Ministry 'reliminary Reporl to the Hearing Examiner LUA05-035, CU-H PUBLIC HEARING DA TE May 24, 2005 Page20f8 B. EXHIBITS: Exhibit 1: Project file ("yellow file") containing the application, reports, staff comments, and other material pertinent to the review of the project. 1. 2. 3. 4. Exhibit 2: Site Plan (dated received March 25, 2005) Exhibit 3: Exhibit 4: First Floor Plan (dated 3/29191) Zoning Map (dated 12128/04) Exhibit 5: Photo showing Southeast Building Elevation C. GENERAL INFORMATION: Owner of Record: Zoning Designation: Comprehensive Plan Land Use Designation: Existing Site Use: Greater Hilands LLC clo Morris Piha Real Estate Services 14100 SE 36th Street Suite 200 Bellevue, WA 98006 Center Village (CV) Center Village (CV) Bingo Hall (place of assembly) 5. Neighborhood Characteristics: 6. Access: 7. Site Area: 8. Project Data: North: Center Village (CV) zoning East: Sunset Lane NE; Center Village (CV) zoning South: Center Village (CV) zoning West: Center Village (CV) zoning Sunset Lane NE 75,453 square feet (1.73 acres) Area comments Existing Building Area: 12,175 sf Previously existing Bingo Hall New Building Area: N/A Total Building Area: 12,175sf D. HISTORICAUBACKGROUND: hexrpt.doc Action Annexation Comprehensive Plan Zoning Land Use File No. N/A N/A N/A Convert previously existing bingo hall into a church and associated uses Ordinance No. 1246 5099 5100 N/A Date 04/1611946 11/01/2004 11/01/2004 City 01 Renton P/BIPW Department One New Man Ministry 'reliminary Report to the Hearing Examiner LUA05-035, CU-H PUBLIC HEARING DATE May 24, 2005 Page 3 018 E-APPLICABLE SECTIONS OF THE RENTON MUNICIPAL CODE: 1, Chapter 2 Land Use Districts Section 4-2-020: Purpose and Intent of Zoning Districts Section 4-2-070: Zoning Use Table Section 4-2-120: Commercial Development Standards 2. Chapter 4 Property Development Standards Section 4-4-030: Development Guidelines and Regulations Section 4-4-060: Grading, Excavation and Mining Regulations Section 4-4-080: Parking, Loading and Driveway Regulations 4, Chapter 6 Streets and Utility Standards 5, Chapter 9 Procedures and Review Criteria 6. Chapter 11 Definitions F. APPLICABLE SECTIONS OF THE COMPREHENSIVE PLAN: 1. Land Use Element: Center Village objectives and policies, G. DEPARTMENT ANAL YSIS: 1, PROJECT DESCRIPTION/BACKGROUND The applicant is requesting Hearing Examiner Conditional Use Permit approval in order to convert a previously existing bingo hall into a church. which would be operated by the One New Man Ministry. The applicant has indicated that the proposed uses in addition to church services would include occasional weekend seminars, childcare during church services, offices for church administrators, and there may be weekly bible studies. Church services would be held twice a week on Mondays and Fridays from 7:30 pm to 10:30 pm. The church has been operating at the subject site without the proper approvals from the City of Renton. Code enforcement on the property is being held in abeyance pending approval of a Conditional Use Permit by the Hearing Examiner. If the request for a Conditional Use Permit were denied. the church use would not be permitted to continue at the present location. The existing one-story structure is approximately 12,175 square feet and is a part of the larger Greater Hilands Shopping Center strip mall development. The floor plan submitted by the applicant indicates the floor plan of the structure is largely open with a men's and women's bathroom located in the northern corner of the building. In addition the applicant indicated the proposed church use will not have fixed seating for the congregation, instead folding chairs would be used. The size of the current congregation is approximately 50 people. No new construction is planned at this time. The current building footprint of the entire strip mall is approximately 25,182 square feet, which equates to a building lot coverage of 33.4% (building footprint of 25,182 square feet / lot size of 75,453 square feet; 33.4%). The site fronts on Sunset Lane NE, which abuts the northeastern and southeastern property lines of the subject site. Sunset Court Park owned by the City of Renton is located to the west of the subject property. The subject site abuts commercially zoned properties along its northern and western property lines. The church proposes to utilize the existing onsite parking lot for the parking required for a church use. 2. ENVIRONMENTAL REVIEW The proposal is exempt from Environmental (SEPA) review per WAC 197-11·800. hexrpt.doc City of Renton P/B/PW Department One New Man Ministry 'refiminary Report to the Hearing Examiner LUAOS-03S, CU-H PUBLIC HEARING DATE May 24, 2005 Page 4 018 3. COMPLIANCE WITH ERC MITIGATION MEASURES N/A 4. STAFF REVIEW COMMENTS Representatives from various city departments have reviewed the application materials to identify and address site plan issues from the proposed development. These comments are contained in the official file, and the essence of the comments has been incorporated into the appropriate sections of this report and the Departmental Recommendation at the end of the report. 5. CONSISTENCY WITH CONDITIONAL USE CRITERIA: hexrpt.doc Section 4-9-030.G lists 11 criteria that the Hearing Examiner is asked to consider, along with all other relevant information, in making a decision on a Conditional Use application. These include the following: (1) CONSISTENCY WITH THE COMPREHENSIVE PLAN, ZONING CODE & OTHER ORDINANCES: The proposed use shall be compatible with the general purpose, goals, objectives and standard of the Comprehensive Plan, the Zoning Ordinance and any other plan, program, map or ordinance of the City of Renton. (a) Comprehensive Plan Land Use Element The subject site is designated Center Village -(CV) on the City's Comprehensive Plan Land Use Map. Center Village is characterized by areas of the City that provide an opportunity for redevelopment as close-in urban mixed-use residential and commercial areas that are pedestrian oriented. These areas are anticipated to provide medium to high-density residential development and a wide range of commercial activities serving citywide and sub-regional markets. Center Villages typically are developed within an existing suburban land use pattern where opportunities exist to modify the development pattern to accommodate more growth within the existing urban areas by providing for compact urban development, transit orientation, pedestrian circulation, and a community focal point organized around an urban village concept. The proposal is consistent with the following Comprehensive Plan Land Use policies: Objective LU-X: Site religious and ancillary facilities in a manner that provides convenient transportation access and minimized their adverse impacts on adjacent land uses. The proposed church would be accessed directly off of Sunset Lane NE, a public right-of- way. In addition, the church services on Monday and Friday evenings from 7:30 pm to 10:30 pm, which minimizes the impacts of the church on adjacent businesses operating during typical business hours. Policy LU-105. Parking should be provided on-site and buffered from adjacent uses. The proposed church would utilized the existing on-site parking for the entire Greater Hilands Shopping Center strip mall development. Policy LU-325. Encourage shared parking to use urban land efficiency. The applicant proposes to utilized the existing parking lot for the Greater Hilands Shopping Center strip mall development, which is a shared parking area between the existing businesses. In addition, the church services are scheduled in the evenings outside of the normal business hours during which the surrounding businesses operate. City of Renton P/B/PW Department 'refiminary Report to the Hearing Examiner One New Man Ministry LUA05-035, CU-H PUBLIC HEARING DATE May 24. 2005 Page 5 of 8 hexrpt.doc (b) Zoning Code The proposed church use is located within the Center Village (CV) zoning designation. The purpose of the Center Village Zone (CV) is to provide an opportunity for concentrated mixed-use residential and commercial redevelopment designed to urban rather than suburban development standards that supports transit-oriented development and pedestrian activity. The proposed church use would be permitted in the CV zone subject to approval of a Hearing Examiner Conditional Use Permit. (c) Development Standards The Center Village (CV) development standards require a minimum front yard setback (Sunset Lane NE) of 10 feet, which may be reduced down to 0 feet through the site plan development review process and a maximum front yard setback of 15 feet. A 10 foot side yard along a street setback is required, which may be reduced down to 0 feet through the site plan development review process. No rear or side yard setbacks are required as the property is not adjacent to or abutting a property that is zoned residential. The existing structure meets the side and rear setback requirements, however it exceeds the maximum front yard setback. The proposed church will be located within an existing strip mall. The strip mall is a pre-existing legal non-conforming use and no exterior additions are proposed as a part of this proposal, therefore the proposed change of use from a bingo hall to a church does not expand the existing non-conformity. The Center Village (CV) zone permits a maximum lot coverage for buildings of 65% of the total lot area or 75% if the parking is provided within the building or within an on-site parking garage. The current building footprint of the entire strip mall is approximately 25,182 square feet, which equates to a building lot coverage of 33.4% (building footprint of 25,182 square feet / lot size of 75,453 square feet = 33.4%), which complies with the building lot coverage requirements. Buildings in the Center Village (CV) zone are permitted up to a maximum building height of 50 feet, except when the lot abuts a residential zone, then a maximum height of 45 feet is permitted. The subject site is not adjacent to a residentially zoned property; therefore the maximum height permitted is 50 feet. The applicant was not required to submit building elevations, as the proposed church will be located within an existing building. Therefore, staff was unable to determine the height of the building, however based on a site visit and the submitted photograph it appears the building does not exceed the 50- foot height limit. No exterior building alterations are proposed as part of this conditional use permit. (2) COMMUNITY NEED: There shall be a community need for the proposed use at the proposed location. In the determination of community need, the Hearing Examiner shall consider the following factors, among all other relevant information: (aJ The proposed location shall not result in either the detrimental over concentration of a particular use within the City or within the immediate area of the proposed use. The immediate vicinity of the subject site is primarily surrounded by commercial and residential uses. The applicant has indicated that this proposed church is intended to serve the entire community and would not result in the detrimental over concentration of this use within the City or within the immediate area of the site. Furthermore, as the subject site was previously used as a bingo hall/place of assembly, the proposed church use is not expected to dramatically increase noise, odor, traffic, or produce other adverse impacts to surrounding properties. (b) That the proposed location is suited for the proposed use. The subject site is located near the edge of a commercially zoned area along Sunset Blvd NE; around the outset of the commercially zoned properties are residentially zoned properties. The location is suitable for the proposed use as the church will be located within an existing strip mall, and the proposed church use is not situated immediately City 01 Renton PIBIPW Department One New Man Ministry )reJiminary Report to the Hearing Examiner LUA05-035, CU-H PUBLIC HEARING DATE May 24, 2005 Page 6 018 hexrpt.doc adjacent to less intensive uses; therefore neighboring properties should not be adversely impacted. (3) EFFECT ON ADJACENT PROPERTIES: The proposed use at the proposed location shall not result in substantial or undue adverse effects on adjacent property. The following site requirements shall be required: (a) Lot Coverage: Lot coverage shall conform to the requirements of zone in which the proposed use is to be located. The CV zoning designation has a maximum building coverage of 65% of the total lot area or 75% of the lot area if parking is provided within the building or within an on-site parking garage. The existing building currently has a building lot coverage totaling approximately 33%, which is within the allowed building coverage for the CV zone, and would not be modified as result of this proposal. (b) Yards: Yards shall conform to the requirements of the zone in which the proposed use is to be located. Additions to the structure shall not be allowed in any required yard. The CV zone has a minimum front yard setback of 10 feet, which may be reduced to 0 feet through the site plan development review process. The maximum front yard setback is 15 feet. The minimum side yard along a street setback is 10 feet, which may be reduced to 0 feet through the site plan development review process. The side and rear yard setbacks are 0 feet unless the site is adjacent or abutting a residentially zoned property. The subject site is not situated adjacent or abutting a residentially zoned property, therefore no side or rear yard setbacks are required. The existing strip mall is setback 72 feet from the front property line, 0 feet from the side yard along a street property line, 82 feet from the interior side property line, and 38 feet from the rear property line. The existing structure exceeds the maximum front yard setback of 15 feet, however the structure is a previously existing legal non-conforming use and no additions to the structure are proposed, therefore the proposal would not expand the existing non- conformity. The existing structure complies with the remaining side and rear yard setback requirements. (c) Height: Building and structure heights shall conform to the requirements of the zone in which the proposed use is to be located. Spires, bell towers, public utility antennas or similar structure may exceed the height requirement upon approval of a variance. Building heights should be related to surrounding used in order to allow optimal sunlight and ventilation, and minimal obstruction of views from adjacent structures. The CV zone establishes a maximum building height limit of 50 feet, except when abutting lots zoned residential then the maximum building height is reduced to 45 feet. The subject site does not abut a residentially zoned property; therefore the site is subject to a height limit of 50 feet. As noted previously, the existing structure is one-story and does not exceed the 50-foot height limit for the CV zone. (4) COMPATIBILITY: The subject property is located within a predominantly commercial/retail area and is surrounded by commercial and retail buildings. As the existing building was previously used as a commercial bingo hall; staff considers the proposed church and its associated uses to be compatible with the existing uses within the immediate vicinity of the project. (5) PARKING: Parking under the building structure should be encouraged. Lot coverage may be increased to as much as seventy-five percent (75%) of the lot coverage requirement of the zone, in which the proposed use is located, if all parking is provided underground or within the structure. The applicant has indicated that they have a congregation size of approximately 50 people and hold services on Monday and Friday evenings from 7:30 pm to 10:30 pm. The applicant has also indicated that the congregation has the potential to grow to City 01 Renton PIBfPW Department One New Man Ministry )reJiminary Report to the Hearing Examiner LUAOS-03S, CU-H PUBLIC HEARING DATE May 24, 2005 Page 7018 hexrpt.doc between 200 and 250 people before they will need to move to another facility. The site plan submitted by the applicant shows 47 on-site parking spaces 2 of which are handicap spaces for the entire strip mall. An additional 19 parking stalls are located within the Sunset Lane NE right-of-way, however based on a site visit those parking spaces function as a part of the parking lot for the existing strip mall. The applicant also indicated that the church parking demand is primarily during their evening services, which does not conflict with other businesses in the strip mall that are open during day. In addition, according to RMC 4-4-080.F.10 the parking requirements for a religious institution are less than the requirements for a recreational and entertainment use (bingo hall). Therefore, the impact of the proposed church on the existing parking lot for the strip mall is not likely to exceed the impact of the previous bingo hall. (6) TRAFFIC: Traffic and circulation patterns of vehicles and pedestrians relating to the proposed use and surrounding area shall be reviewed for potential effects on, and to ensure safe movement in the surrounding area. The subject site is a corner lot with Sunset Lane NE fronting along the southeastern and northeastern property lines. From Sunset Lane NE members of the One New Man Ministry congregation will enter the parking lot for the existing strip mall. As stated above, church services will be held on Monday and Friday evenings from 7:30 pm to 10:30 pm. The timing of these services is such that the traffic impact resulting from the proposed church would not have a large impact on the surrounding uses as many of the surrounding uses operate at during the day. (7) NOISE, GLARE: Potential noise, light and glare impacts shall be evaluated based on the location of the proposed use on the lot and the location of on-site parking areas, outdoor recreational areas and refuse storage areas. Staff does not expect any short-term construction noise as no construction improvements are proposed to the existing building. In addition, as the existing building was previously used as a bingo hall, staff does not anticipate any additional noise impacts associated with the proposed church use. Finally, light and glare should not be an issue as the building is existing and no exterior alterations are proposed as part of this conditional use permit application. Existing lighting illuminates the parking area appropriately for security. No alternations are proposed. Separate tenant improvement and sign permits would be required prior to any building modifications. (8) LANDSCAPING: Landscaping shall be provided in all areas not occupied by building or paving. The Hearing Examiner may require additional landscaping to buffer adjacent properties from potentially adverse effects of the proposed use. This subject site is currently developed; staff does not anticipate the need for additional landscaping at this time. (9) ACCESSORY USES: Accessory uses to conditional uses such as day schools, auditoriums used for social and sport activities, health centers, convents, preschool facilities, convalescent homes and others of a similar nature shall be considered to be separate uses and shall be subject to the provisions of the use district in which they are located. The proposed primary use of the site, as a church requires approval of a Hearing Examiner Conditional Use Permit. The applicant has indicated that the proposed uses in addition to church services would include occasional weekend seminars, childcare during church services, offices for church administrators, and there may be weekly bible studies. Church services would be held twice a week on Mondays and Fridays from 7:30 pm to 10:30 pm. The church currently has a congregation size of approximately 50 people. City of Renton P/B/PW Department One New Man Ministry >refiminary Report to the Hearing Examiner LUA05-035, CU-H PUBLIC HEARING DATE May 24. 2005 Page 8 018 However. if the church membership grows to exceed 250 people. the church will find an alternate location to hold church services. (10) CONVERSION: No existing building or structure shall be converted to a conditional use unless such building or structure complies, or is brought into compliance, with the provisions of this Chapter. The previously existing bingo hall is proposed to be converted into a church and associated church related uses, therefore. the applicant has requested a conditional use permit to convert the existing building to a church use. The building would also be required to be in compliance with all applicable building codes. (11) PUBLIC IMPROVEMENTS: The proposed use and location shall be adequately served by and not impose an undue burden on any public improvements, facilities, utilities, and services. Approval of a conditional use permit may be conditional upon the provision and/or guarantee by the applicant of necessary public improvements, facilities, utilities, and/or services. As the subject site is existing and fully developed. no additional street or utility improvements are required as part of the proposal. Utilities Staff has indicated that all existing public utilities are currently sufficient to serve the proposed development associated with this conditional use permit. G_ RECOMMENDA TlON: hexrpt.doc Staff recommends approval of the Conditional Use Permit for the One New Man Ministry Church to be located at 2830 Sunset Lane NE, Project File No. LUA05-035, CU-H. z o i= a. 0: u II) w o ...J < CJ <~ 1-11: -0 00--0 :I:z (;j< II) w II) :E w II: a. Il. o a. < ::< rp ~ -. ~ 4.: tJ 3O-()iJ..v~ . CJ ~ ~< ~F ~I# W/J. t9 ~& ..., ;s tq· eOM..I~ .su".cc, ~-r -VIP ~"'" 1~SfA-. c::2<D •. ./ • v. Y' 'V [0 or:: -J_ !!;!0 ~iJj Q:: (.) ~~ ~"~./\.,, • r" ~/ . \ . A ........ h ~<t.,. • / A ..... _.. 0\ ~./ . \V--- '~. .' . ;L-----'-"-__ . I!t "~.rl_. ~,,;.~/ \ >~~. ""'---"~ ./ \ I tlI-RRlNa~o.~~ •• ~ _ ~. '" " ! pffvmllTl/mJ l1TJTTT/ 0;;-.:\ 11 . 112.H:-'~:;--. I u...,: I rn .'D~~~\~\ IU1\I %\\ .\ \ \ 'L I L .. _ t--._-- r--- ld 23 14 25- 21 11 :::!!dg.D 11~11'1i2:!~::~~Ii,':lrl',,~JI;i };:~~=~ ID~#'h ~\ 11111 "'JJII wltIllLJr'LI1LlJi'1 :1: I ~ ~~~ ~ Ir:} SUNSET LANE HE -.. _--------- f.L Bldg.A Bldg.S ~ &1 ....... '0 .. 1..: ~ bill r I , II ~illllil~llUM////1U1lLl/l//:: i "-'1~ ~t~=.] :~~~~~ ;;;~;_m;;~; I -~-.J.W ---':l~ I ¥ 20b.\ .. \ 11 " 15 1-4 11 e 7 • S. 3 ~ L I I'" '"'''''' ' " "'.'"'' " .. \.," , ,. .' , . v, '." " ""1 LL'1i"h'I .. \ =-;''''1 . . u. c\ (\ 5\ \\ \ \S \ \ is \ \) \S S £S S\ \ L \S '.S \ \\ ~ Z?!.iJU}Zillll'lt I Ji/=::::::{ J-..... -.. ____ SU~SET tlIGHWI-Y (~R_.O-,-O) __________ _ J . ------. UM •• nltr ....... 1 ....... ~ •• II: ............ • •• It_Tt •• _ •• ~ W'.... al.v' ..... 1 •• ,. •• _ ....... ...... Greater Highlands Shop Center Renton. Washington Site Plan 'luf··t_·j_IE=-'i ~t Morris Piha Company ""' Q: , / / / '" 0 Z III 'lJ t:: III rl ''; :r: t:: 0 +' t:: QJ I>: 'H 0 +' III rl 0. 'lJ QJ +' U QJ I-< I-< 0 U -'" "" . -'< u 0 rl Il:l / I ._ j ,'" . I J , I • • · . , , -, , \ :~ ""--JI!> ~i , ' h t .I<t .1'1)(9 f23N R5E E 1/2 Jrk,nru;m 11<i>~-'V1 H~ ,141111 kH I H1tJ~lI, , ,',ug' II~~, ""''''''11 '0 I :0 "'"" :g 1"11111 v J fJiLUi-( m Ave. j·tU .L~-\ \-J( I I -\ \ U1 ('"+ :)'"'\ \tyl)! I £mS~!1fL " -f{ iiM-iF I I I J- ~ .J fi ~~A el I RM-F! ~ !! ~Rl n~~ ~~~I ~117· . , 11111 kbMdelIJJ II . ~ R-B I I I I RM-F I ~ ~ ill N('Z~ 6 .. S:il -1\~ . II --3f! I~ l-=-F-l 1-][ , ,-:Lj ; 1; ! I I I~ I ~ (J]3A03:J3)j;.§ sooz &Z W/rtJ o ./ ~"" ~ .' \ (. City of Renton Department of Planning / Building / Public Works ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: 'PItA¥) RevieA...J COMMENTS DUE: MAY 6, 2005 APPLICATION NO: LUA05-035, CU-H DATE CIRCULATED: APRIL 22, 2005 APPLICANT: David Mitts PROJECT MANAGER: Jill Hall PROJECT TITLE: One New Man Ministrv CU Permit PLAN REVIEW: Jan lilian SITE AREA: 75,453 square feet BUILDING AREA (qross): N/A /:>,. "' ~ Ii LOCATION: 2830 Sunset Lane NE WORK ORDER NO: 77402 SUMMARY OF PROPOSAL: The proposal is to operate a church, One New Man Ministry, within an existing 12,175 square fo~~~o.'\f building. The subject site is zoned Center Village (CV). Church services would occur twice a week on Mondays and Fridays from 7:30 pm to 10:30 pm, childcare is provided during the services. No construction is proposed as a result of this proposal. A. ENVIRONMENTAL IMPACT (e,9-Non-Code) COMMENTS Element of the Probable Probable More Element of the Probable Probable More Environment Minor Malor Information Impacts Impacts Necessary Environment Minor Major Information Impacts Impacts Necessary Earth Housin Air Aesthetics Water UghVGlare Plants Recreation Land/Shoreline Use Utilities Animals Trans rtarion Environmental Health Public Services Energy/ Historic/Cultural Natural Resources Preservation Airport Environment 10,000 Feet 14,000 Feet B. POLICY-RELATED COMMENTS C. CODE-RELATED COMMENTS We have reviewed this application with particular attention to those Breas in which we have expertise and have identified areas of probable impact or areas where additional information is needed to properly assess this proposal. Date o City of Renton Department of Planning / Building / Public Works ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: Su.rFo.celL.1,.,,,,. \.1. COMMENTS DUE: MAY 6, 2005 APPLICATION NO: LUA05-035, CU-H DATE CIRCULATED: APRIL 22,2005 APPLICANT: David Mitts PROJECT MANAGER: Jill Hall PROJECT TITLE: One New Man Ministrv CU Permit PLAN REVIEW: Jan lilian SITE AREA: 75,453 square feet BUILDING AREA (gross): N/A LOCATION: 2830 Sunset Lane NE WORK ORDER NO: 77402 SUMMARY OF PROPOSAL: The proposal is to operate a church, One New Man Ministry, within an existing 12, 17~~~ f~~UJ building. The subject site is zoned Center Village (CV). Church services would occur twice a week on Mondays and 'Fri'c1ii'\llf:ktrm 7:30 pm to 10:30 pm, childcare is provided during the services. No construction is proposed as a result of this proposal. U 01\1 A. ENVIRONMENTAL IMPACT (e,g_ Non-Code) COMMENTS Element of the Probable Probable More Element of the Probable Probable More Environment Minor Major Informat/on Impacts Impacts Necessary Environment Minor Major Information Impacts Impacts Necessary Earth lousin, Air I Water Plants LancVShoreline Use llilities Animals Environmental Health Public SelVices Energy! Natural Resources A:IE~eet B. POLICY-RELATED COMMENTS C. CODE-RELATED COMMENTS We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where additional infonnation is needed to properly assess this proposal. Date City of Renton Department of Planning / Building / Public Works ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: 'Ympe( N S \/'(' S-COMMENTS DUE: MAY 6, 2005 APPLICATION NO: LUA05-035, CU-H ......; DATE CIRCULATED: APRIL 22,2005 APPLICANT: David Mitts PROJECT MANAGER: Jill Hall .",,",- PROJECT TITLE: One New Man Ministry CU Permit PLAN REVIEW: Jan lilian .Ct.\ 'I ~U SITE AREA: 75,453 square feet BUILDING AREA (gross): N/A •• ... "I ') ,UUS LOCATION: 2830 Sunset Lane NE WORK ORDER NO: 77402 p.rl\ ~.'" Ql'tHON SUMMARY OF PROPOSAL: The proposal is to operate a church, One New Man Ministry, within an existing ~~~Jra;,~ building, The subject site is zoned Center Village (CV), Church services would occur twice a week on Mondays and Fridays from 7:30 pm to 10:30 pm, childcare is provided during the services, No construction is proposed as a result of this proposal. A. ENVIRONMENTAL IMPACT (e,g, Non-Code) COMMENTS Element of the Probable Probable More Environment Minor Major Information Impacts Impacts Necessary lrlh 'ate' Us. Naturn B. POLICY-RELA TED COMMENTS C. Element of the Environment Probable Minor Impacts Probable Major Impacts Mare Information Necessary We have reviewed this application with particular aNention to those areas in which we have expertise and have identified areas of probable impact or fe additional i formatio is ns ded to pro erlyassess this proposal. Oate • City of Renton Department of Planning / Building / Public Works ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: Firt-COMMENTS DUE: MAY _6. 2005 APPLICATION NO: LUA05-035, CU-H DATE CIRCULATED: APRlg, 2g05~ f)": i: ~.1 r~ Q APPLICANT: David Mitts PROJECT MANAGER: JiIIl~~il< Ii III PROJECT TITLE: One New Man Ministrv CU Permit PLAN REVIEW: Jan lilian I! I /1 ADO ~ ~ onn. 1/111 SITE AREA: 75,453 square feet BUILDING AREA (gross): rluA I --'L-/ LOCATION: 2830 Sunset Lane NE WORK ORDER NO: 7740~ ClfY or RHHOIJ , Ir.C lJU-"ir): .. ;:-.;'J t SUMMARY OF PROPOSAL: The proposal is to operate a church, One New Man Ministry, within an eXlsllng-'2;1?5-square-foot--- building. The subject site is zoned Center Village (CV). Church services would occur twice a week on Mondays and Fridays from 7:30 pm to 10:30 pm, childcare is provided during the services. No construction is proposed as a result of this proposal. A. ENVIRONMENTAL IMPACT (e-9-Non-Code) COMMENTS Element of the Probable Probable More Element of the Probable Probable More Environment Minor Malor Information Environment Minor Malor Information Impacts Impacts Necessary Impacts Impacts Necessary oarth Housing 4i, Aesthetics Wate, LightIGlare ~use Recreation Utilities 4nimals Transportation Public Services ~:~~?::I Historic/Cultural PresefVation Airport Environment 10,000 Feet 14,000 Feet IUA B. POLICY-RELATED COMJ] We have ra awed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas wher. additional info lion is needed to properly assess this proposal. City of Re ... an Department of Planning / Building / Public .kS ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: ~or!Sh-w..--t;un COMMENTS DUE: MAY 6, 2005 APPLICATION NO: LUA05-035, CU-H DATE CIRCULATED: APRIL 22, 2005 APPLICANT: David Mitts PROJECT MANAGER: Jill Hall PROJECT TITLE: One New Man Ministry CU Permit PLAN REVIEW: Jan lilian SITE AREA: 75,453 square feet BUILDING AREA (qross): N/A LOCATION: 2830 Sunset Lane NE I WORK ORDER NO: 77402 SUMMARY OF PROPOSAL: The proposal is to operate a church, One New Man Ministry, within an existing 12,175 square foot building. The subject site is zoned Center Village (CV). Church services would OCcur twice a week on Mondays and Fridays from 7:30 pm to 10:30 pm, childcare is provided during the services. No construction is proposed as a result of this proposal. A. ENVIRONMENTAL IMPACT (e.g. Non-Code) COMMENTS Element of the Probable Probable More Element of the Probable Probable More Environment Minor Major Information Impacts Impacts Necessary Environment Minor Major Information Impacts Impacts Necessary ,rth Housing Aesthetics 'ater UghtlGlare 'ants Recreation Utilities ~ ~~~~?::J Transportation Public Services Historic/CUltural Preservation Airport Environment 10,000 Feet 14,000 Feet B. POLICY-RELATED COMMENTS C. CODE-RELATED COMMENTS 0; tJiI ern/v; CooLe i is c. ').003 We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where additional information is needed to properly assess this proposal. Signature of Director or AuthoriZed~~ ) Date City of Renton Department of Planning / Building / Public Works ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: Paxt.s COMMENTS DUE: MAY 6, 2005 APPLICATION NO: LUA05-035, CU-H DATE CIRCULATED: APRIL 22,2005 APPLICANT: David Mitts PROJECT MANAGER: Jill Hall PROJECT TITLE: One New Man Minis~ CU Permit PLAN REVIEW: Jan lilian SITE AREA: 75,453 square feet BUILDING AREA (woss): N/A LOCATION: 2830 Sunset Lane NE I WORK ORDER NO: 77402 SUMMARY OF PROPOSAL: The proposal is to operate a church, One New Man Ministry, within an existing 12,175 square foot building. The subject site is zoned Center Village (CV). Church services would occur twice a week on Mondays and Fridays from 7:30 pm to 10:30 pm, childcare is provided during the services. No construction is proposed as a result of this proposal. A. ENVIRONMENTAL IMPACT (e.g. Non-Code) COMMENTS Element of the Probable Probable More Element of the Probable Probable More Environment Minor Major Information Environment Minor Major Information Impacts Impacts Necessary Impacts Impacts Necessary ,rth Housina ~ ~ :?'1!;;, A:'!;~i-o .. :""n>. IC) ~k, B. POLICY-RELATED COMMENTS C. CODE-RELA TED COMMENTS ~~~fZJ~£0 RE·-cnv,:,:o "I ".,.. .", .• APR 2 5 2005 CITY Ol" 1'I1:!11TOr" COMI"UNITv '~'='-l\"C~" J '-'L.. 'I C.;) We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas w~ a dWonal information' n eded to properly assess this proposal. 1/ eX tR / tJ:5 Date I r/ City of Renton Department of Planning I Building I Public Works ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: I ro..n::A:wftl,:ho(\ COMMENTS DUE: MAY 6, 2005 • APPLICATION NO: LUA05-035, CU-H DATE CIRCULATED: APRIL 22, 2005 APPLICANT: David Mitts PROJECT MANAGER: Jill Hall PROJECT TITLE: One New Man Ministry CU Permit PLAN REVIEW: Jan lilian SITE AREA: 75,453 square feet BUILDING AREA (oross): NlA LOCATION: 2830 Sunset Lane NE WORK ORDER NO: 77402 SUMMARY OF PROPOSAL: The proposal is to operate a church, One New Man Ministry, within an existing 12,175 square foot building. The subject site is zoned Center Village (CV). Church services would occur twice a week on Mondays and Fridays from 7:30 pm to 10:30 pm, childcare is provided during the services. No construction is proposed as a result of this proposal. A. ENVIRONMENTAL IMPACT (e.g. Non-Code) COMMENTS Element of the Probable Probable More Element of the Probable Probable More Environment Minor Major Information Impacts Impacts Necessary Environment Minor Major Information Impacts Impacts Necessary Earth Housing Ai< Aesthetics ~ Use UghtIGlare Recreation Utilities I Transportation Public Services N~~'!?t:, HistoricICultural Preservation Airport Environment 10,000 Feet 14,000 Feet ~o . . - t\olc\l-\umo.O Tn'fs, G\€MQAr~J. bj B. POLICY-RELATED COMMENTS C. CODE-RELATED COMMENTS We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where additional information is needed to properly assess this proposal. Signature of Director or Authorized Representative Date CITY OF RENTON CURRENT PLANNING DIVISION AFFIDAVIT OF SERVICE BY MAILING On the 22nd day of April, 2005, I deposited in the mails of the United States, a sealed envelope containing NOA documents. This information was sent to: ,1,;'". ~ ~i"';\:'i!' Surrounding Property Owners (Signature of Sender): 114 C;~ \ U ...... STATE OF WASHINGTON ) COUNTY OF KING ) SS ) 1'< , ~ h j1' " , ,I , <'",',,' 1"'/ l , \ See Attached ,·E: il; :;"g'0' X: .~;, ':;:~:q: ':~"Ii. ':c.' 11 f'y ---;..:--.~-••.. ~ -4. ,1, CHARLES F. KOKKO NOTARY PUBLIC ' STATE OF WASHINGTON ' COMMISSION EXPIRES I certify that I know or have satisfactory evidence that Holly Graber MARCH 19,200') . . ......... ".-'..,~·7~· ... ,-., ., ..... _ signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and' purposes mentioned in the instrument. Dated:----'~'-/.!_'_1--I1/'-6-S- Notary Public in and for the State of Washington Notary (print):_----"-C'_' {q-,--v_h.:........;f2_.t..:../};::....!.!d::::..c«-:..::.t!c_o ______ _ My appOintment expires: 3( 11!tlD ~ Piol~ct·Niime:'· : One New Man Ministry Conditional Use Permit _ •• _",' _'4"' __ """ },_:Y·,·3 1 ;proli~ti~NlI'fri6er;i .,,, --" '" ,-¥ ." ,:" _ J\< " ~,\h,~r-t, r,b, k ,'I .,1, LUA05-035, CU-H 637730030003 312200011004 312200012002 AKLILU GEBREYESUS ALKSNIS INARA K AMBROSE LAURA L 1100 HARRINGTON AV NE #312 1175 HARRINGTON PL NE #204 1175 HARRINGTON PL NE #205 RENTON WA 98056 RENTON WA 98056 RENTON WA 98056 637730006003 637730012001 637730002002 BANASKY HOWARD V BELCHER CHARLES JR BLAINE CHRISTINA 600 ANDOVER PARK E 1100 HARRINGTON AV NE UNIT 206 1100 HARRINGTON AV NE UNIT 102 TUKWILA WA 98188 RENTON WA 98056 RENTON WA 98056 312200006004 637730009007 722780167002 BLYTH WILLIAM T BOSTON DEBORAH I BOWERS SANDRA 1175 HARRINGTON PL NE #111 1555 UNION AV NE #16 1135 HARRINGTON AV NE RENTON WA 98056 RENTON WA 98059 RENTON WA 98056 814345001006-t-IoI-d~-I 637730017000 637730007001 BRAN ROSA MARIA .. '>IL oS-BRAUN ERIKA CARNEY ROBERT F+SHIRLEY 3059 E SHOREWOOD DR #683 5716108TH ST SW A+LlSA M MERCER ISLAND WA 98040 LAKEWOOD WA 98499 1100 HARRINGTON AV NE #201 RENTON WA 98056 312200013000 312200008000 722780168000 -~\t> ~ev !If-"-i~ CHANDLER LORETTA N CHARLEBOIS SANDRA G CHIN PROPERTY COMPANY INC 1175 HARRINGTON PL NE #206 1175 HARRINGTON PL NE #201 20029 HW 99 #202 RENTON WA 98056 RENTON WA 98056 LYNNWOOD WA 98036 722780129507 722780166004 312200024007 COLE LETTY E COLLODI FLORIO & PATRICIA COOK JUNE C 1073 HARRINGTON AV NE 3709 JONES AV NE 1175 HARRINGTON PL NE #303 RENTON WA 98056 RENTON W A 98056 RENTON WA 98056 637730014007 -~iv-mfu"kJlur 637730027009 722780129002 COWAN JOHN L -:,lq\c6 CRAVEN LARRY 0 DAO EMILIE 1100 HARRINGTON AV N #208 POBOX 251 PO BOX 40462 RENTON WA 98056 RENTON WA 98057 BELLEVUE WA 98005 637730005005 312200004009 312200035003 DEAN LARRY JOEL DEVITO RHONDA L DICKEY RAFAEL 1100 HARRINGTON AV NE #105 1175 HARRINGTON PL NE #107 1175 HARRINGTON PL NE UNIT 314 RENTON WA 98056 RENTON WA 98056 RENTON WA 98056 637730001004 637730026001 312200019007 DINSMORE MARTHAJEAN DRINKWINE KAREN J ESCUDERO VRIL A 1100 HARRINGTON AV NE #101 1100 HARRINGTON AV NE #308 1175 HARRINGTON PL NE #212 RENTON WA 98056 RENTON WA 98056 RENTON WA 98056 814345003002 312200029006 312200025004 R.eiu¥., eel GI ~ I oS FRANCUM LUIS R FREDELL MICHELLE L GAMELIN MICHELLE LOUISE 1157 HARRINGTON AV NE #3 1175 HARRINGTON PL NE 1175 HARRINGTON PL NE #312 RENTON WA 98056 RENTON WA 98056 RENTON WA 98056 .722780167507 312200014008 312200022001 GOODMAN RONALD J & SHARON GRASS CHARLES D GREEN PAUL K 2916 91ST AV E PO BOX 2563 1175 HARRINGTON PL NE UNIT 301 PUYALLUP WA 98371 RENTON WA 98056 RENTON WA 98056 722780120506 312200001 005 -A1lr~ VtCl-Ll 312200028008 GRETER HIGHLANDS LTD PRTSHP C/O MORRIS PIHA MGMT GROUP HARDIN ELIZABETH A !L1\OuY) E/ IJ5" HART BRIDENNA M POBOX 53290 1175 HARRINGTON PL NE #101 1175 HARRINGTON PL #307 BELLEVUE WA 98015 RENTON WA 98056 RENTON WA 98056 637730023008 722780178504 312200031002 HILL JAY RENTON HOUSING AUTHORITY HUDSON CHARLOTTE PO BOX 507 PO BOX 2316 1175 HARRINGTON PL NE $310 RENTON WA 98057 RENTON WA 98056 RENTON WA 98056 312200016003-~~~u) 637730021002 312200003001 JILEK BAMBI " JOHNSON DARLENE KAMCHEFF KARRIE C 1175 HARRINGTON PL NE #209 608 GRANT AV S 1175 HARRINGTON PL NE #105 RENTON WA 98056 RENTON WA 98055 RENTON WA 98056 637730013009 312200023009 Rewo-\l::lf:;i""er 312200018009 KARSCHNIA KATHLEEN A LEITCH MARY RUTH 6 '11<>£ LEWIS JULIE A 1100 HARRINGTON AV NE #207 1175 HARRINGTON PL NE #302 1175 HARRRINGTON PL NE #211 RENTON WA 98056 RENTON WA 98056 RENTON WA 98056 312200005006 637730020004 312200027000 LUO XIAO LlNG+YUFEI HOU MACE JANET C MAXWELL STEVEN A+MARCIE E 1175 HARRINGTON PL NE #109 1100 HARRINGTON AV NE #302 PO BOX 2048 RENTON WA 98056 RENTON WA 98056 RENTON WA 98056 637730019006 637730010005 ~n~ 637730016002 MCGLASSON JOAN L MCGRUE JEFF "">-de.--siqlll'>' MCWILLIAMS DONALD E+DORIS L 1100 HARRINGTON NE #301 1100 HARRINGTON AV NE #204 2820 LAKE WASHINGTON BL N RENTON WA 98056 RENTON WA 98056 RENTON WA 98056 637730015004 312200026002 312200030004 MILES ROGER S MILLER JOYCE A MILLIGAN KERRY I+LUZ R 1100 HARRINGTON AV NE UNIT 209 1175 HARRINGTON PL NE #305 1175 HARRINGTON PL NE #309 RENTON WA 98056 RENTON WA 98056 RENTON WA 98056 312200034006 637730011003 722780128509 MONCRIEF JIMMIE L MULLER GERHARD+SABINE G MURPH FRANCES M 1175 HARRINGTON PL NE #313 1100 HARRINGTON AV NE #205 1053 SHELTON AV NE RENTON WA 98056 RENTON WA 98056 RENTON WA 98056 637730008009 312200020005 312200032000 NIEMEYER VELMA 0 OUTLAW AMBER JEANNE PETERSON JUNE T 1100 HARRINGTON AV NE #202 1175 HARRINGTON PL NE #213 1175 HARRINGTON PL NE #311 RENTON WA 98056 RENTON WA 98055 RENTON W A 98056 722780204508 722780127501 637730029005 RENTON HOUSING AUTHORITY SA DO MASAMI SCHUTZ_CORALEE K 2900 NE 10TH ST 1143 HARRINGTON AV NE 1100 HARRINGTON AV NE #311 RENTON WA 98056 RENTON WA 98056 RENTON WA 98056 312200015005 312200017001 814345002004 SHIVELY REVOCABLE LIVING TRUST SITUM VLADO SR SMITH MICHAEL D 1175 HARRINGTON PL NE #208 1175 HARRINGTON PL SE #210 1153 HARRINGTON AV NE RENTON WA 98056 RENTON WA 98056 RENTON WA 98056 722780128004.-~~not-312200010006 312200033008 ST PETER MARK . ZJoC SYLVIA STEPHEN E TERAMOTO MICHAEL S 1135 HARRINGTON AV NE 16167 139TH PL SE 14634 SE 195TH PL RENTON WA 98056 RENTON WA 98059 RENTON WA 98058 312200009008 312200002003 722780120605 THIRAPHANH VIENGKEO TRINH KHIEM US BANK CORPORATE PROPS 1175 HARRINGTON PL SE #202 1175 HARRINGTON PL UNIT 103 2800 E LAKE ST RENTON WA 98056 RENTON WA 98056 MINNEAPOLIS MN 55406 637730022000 637730028007 312200007002 VICTORIO JOVENAL S+MARIA UNDERWOOD BARBARA J VAUGHN DAVID W & MARCELLE A NORMAS 1100 HARRINGTON AV NE APT304 1400 ABERDEEN AV NE 1175 HARRINGTON PL NE #E·113 RENTON WA 98056 RENTON WA 98056 RENTON WA 98056 312200021003 637730004008 637730003000 VU STEVEN WALTER GARY J WEBB FRANCIS & MARGARET 2201 OLYMPIA AV NE 1100 HARRINGTON AV NE #104 14126150TH PL SE RENTON WA 98056 RENTON WA 98056 RENTON WA 98059 814345004000 722780120100 637730025003 -A-ilclnW'tlI'lO:l- WIESEN JAMES P YADAV & GILL LLC YOUNG JOHN H K.~{\ 511c\~ 1159 HARRINGTON AV NE #4 2800 NE SUNSET BL 1100 HARRINGTON AV NE #307 RENTON WA 98056 RENTON WA 98056 RENTON WA 98056 A Mntar Appllclllion hn been rll&d and IIccept&d wllh the Dev"IOpmanl SIIrvlc .. Dlvlllion altha City 01 Ranlon. Th" lollo .... ,ng briefly d .. crlbe" the application and til" neeoollnry Public Approval •• PROJECT NAME/NUMBER: ana New Man Ministry Conditional Un Pormlt I LUA05·035. CU·H PROJECT DESCRIPTION: Tha proponl i~ to operatB II church. One Naw Mlln Ministry. within an a~lstin~ 12.175 Iquara fool bUlldln~. Tha subjecl slto Is loned Contor Village (CV). Church nrvleas would ooeur Iwlca II week 0'1 MondaY' lind FrldaY' Irom 7:30 pm 10 10:30 pm. chlldcarais provid&d durln~ \tie servicllll. No construction is proposad a ... result 01 thl' proposal. PROJECT LOCATION: 2830 Sunset Lana NE PUBLIC APPROVALS: HearinG Examiner Conditional Uaa Parmn A.PPUCANTIPROJECT CONTACT PERSON: David M,tts: Tal: (425) 277·2775; Eml: davidOlnewman.org Comment. on th .bova application mUll' be lIubmltt&d In writlng to Jill Hall. Allocillte Plannar, o.nlopment Sarvtc .. Olvillon, 1055 South Grady Way. Renton, WA 9B055, by 5:00 PM on MIIY fl. 2005. Thill malt" I. pliO "ntallnly .chadulad for a public hUllng on Mn 24 2005 pt "00 AM CounCil Chambarll SaYanth FLoor Renton CUy Hall 1055 South Grady Way Renlon It you ara Intarestad In attending tha hearing. please contact the Development Services Oivlslon. (425) 430·72B2, to ensure that the hearing has not been reschaduled. If commants cannot be 81!bmittad In w~tlng by the dala indicalad above. you may .tlil apPilar a\ tha hearing and present your commanlS on the proposal beforalhe Hearing Examlna,. 11 you have quo,llons about this proposal. or wish to bet made II party of record eoo recoive addrtlooal Information by mall. pleaaa contact the prOjttCt managar. Anyone who submits writtan comments wm automatically become a party of record and will be notilled of any dec,,'on on this project. PLEASE INCLUDE THE PROJECT NUMBER WHEN CALLING FOR PROPER FILE IDENTIFICATION DATE OF APPLICATION: NOTICE OF COMPLETE APPLICATION: March 25, 2005 April 22, 2005 DATE OF NOTICE OF APPLICATION: April 22, 2005 IltTIIUJ,d[j If you would li~e 10 be maoo a party 01 recOrd to receive turther information on this propo!ad project, complata thl! form and rlltum to: City 01 Renlon. Davalopmenl Planning, 1055 South Grady Way, Renton, WA ee055. Fila Namal No.: Ona Naw Man Ministry Conditional USII Permit I LUA05-035, CU-H NAME: MAILING ADDRESS: TeLEPHONE NO.: CERTIFICA TlON CHARLES F KOKKO', NOTARY PUBLIC t STATE OF WASHINGTON COMMISSION EXPIRES MARCH 19,2006 ~~IIJ'J'I~"""".p",.~""","I:"':'" J, f~.j.,,-'I.d::. i2niY"i'A , hereby certify that 3. copies of the above were posted by me in ~ conspicuous places or nearby the described proper DATE: y --'L2--o S SIGNE :;; ~~T: Wbscribed and sworn before me, a Notary PlIb'i70 and~r the State ~W~ , f1 {\ , on the n-f'l-day 01 ill II ~ Q :\ . I OTARY PUBLIC SIGNATURE: " NOTICE OF APPLICATION A Master Application has been flied and accepted with the Development Services Division of the City of Renton. The following briefly describes the application and the necessary Public Approvals. PROJECT NAME/NUMBER: One New Man Ministry Conditional Use Permit I LUAOS-035, CU-H PROJECT DESCRIPTION: The proposal is to operate a church, One New Man Ministry, within an existing 12.175 square foot building. The subject site is zoned Center Village (CV), Church services would occur twice a week on Mondays and Fridays from 7:30 pm to 10:30 pm, childcare is provided during the services. No construction is proposed as a result of this proposal. PROJECT LOCATION: 2830 Sunset Lane NE PUBLIC APPROVALS: Hearing Examiner Conditional Use Permit APPLICANT/PROJECT CONTACT PERSON: David Mitis; Tel: (425) 277-2775; Eml: david@1newman.org Comments on the above application must be submitted In writing to Jill Hall, Associate Planner, Development Services Division, 1055 South Grady Way, Renton, WA 96055, by 5:00 PM on May 6, 2005. This matter Is also tentatively scheduled for a public hearing on May 24. 2005. at 9:00 AM. Council Chambers. Seventh Floor. Renton City Hall. 1055 South Grady Way. Renton. If you are interested in attending the hearing, please contact the Development Services Division, (425) 430-7282. to ensure that the hearing has not been rescheduled. if comments cannot be submitted in writing by the date indicated above, you may still appear at the hearing and present your comments on the proposal before the Hearing Examiner. If you have questions about this proposal, or wish to be made a party of record and receive additional information by mail, please contact the project manager. Anyone who submits written comments will automatically become a party of record and will be notified of any decision on this project. PLEASE INCLUDE THE PROJECT NUMBER WHEN CALLING FOR PROPER FILE IDENTIFICATION DATE OF APPLICATION: NOTICE OF COMPLETE APPLICATION: March 25, 2005 April 22, 2005 DATE OF NOTICE OF APPLICATION: April 22, 2005 '-IrUUrM[J ~Rr II you would like to be made a party of record to receive further information on this proposed project, complete this form and return to: City of Renton, Development Planning, 1055 South Grady Way, Renton, WA 98055. File Name I No.: One New Man Ministry Conditional Use Permit I LUA05·035, CU·H NAME: ______________________________________________________________ __ MAILING ADDRESS: ______________________________________________________________ _ TELEPHONE NO.: ~~~ .. ..u.. . CiTY -:>1F RENTON -., Kathy Keolker-Wheeler, Mayor PlanningIBuildinglPublic Works Department Gregg Zimmerman P.E., Administrator April 22, 2005 David Milts One New Man Ministry 2830 Sunset Lane NE Renton, WA 98056 Subject: Dear Mr. Mitts: One New Man Ministry Conditional Use Permit LUA-05-035, CU,H The Development Planning Section of the City of Henton has determined that the subject application is complete according to submittal requirements and, therefore, is accepted for review. You will be notified if any additional information is required to continue processing yourapplication. This matter is tentatively scheduled for a Public Hearing on May 24, 2005 at 9:00 AM, Council Chambers, Seventh Floor; Renton City Hall, 1055 South Grady Way, Renton . . The applicant or representative(s) of the applicant are required to be present at the public hearing. A copy of the staff report will b·e mailed to you one week before the hearing. Please contact me at (425) 430-7219 if you have any questions. Sincerely, .• (lu~ ~i~~~~~~t' Associate Planner cc: Rob Bensussen / Owner -------------IO-S-S-s-ou-t-h-G-r.-d-y-W-.-y-.R-e-n-to-n-.W--.s-h-in-g-to-n-9-8-0-SS-------------~ * This paperconlains 50% recycled material, 30% post consumer AHEAD OF THE CURVE \) (J '5 -(Yl.l\ , )~c"'t> .... o~S" ~ .o'=' -<:l,*~ City of Renton LAND USE PERMIT MAR 252005 MASTER APPLICATIONREcelvED PROPERTY OWNER(S) PROJECT INFORMATION NAME: G r cttk; )-\-t\(VdS LLC ADDRESS: Va M.o rfl~ 1"'\ ~ Re.a.l E~~ ,",Vr.:, , t.(t () 0 SE 3b~S~ #2,DO ... --.--,.-.,.,-,-_ . CITY: ~\.i\lU"e-···· "ZIP:--'f'i, o· 6-~ ~ECTOR~OPMENl~E' . IX mlf]~ " o:rt Grecc Ilet(\.s, hOV'\D\n..~ GiI-+t r: PROJECTIADDRESS(Sl!!-OCATION.AN~Orn!:: ~e86(!!!fSonsof Utr'& ----- TELEPHONE NUMBER: (~"b ~ .. ".%,<.A) (LrUJ) lo~l3-~'-\()O APPLICANT (if other than owner) ., KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S): 7Zl 78M2...?:>5" 00 NAME: D~V'\d , ._- rna:t:s COM(jNY (if applicable): II~'S--~ ne_ /\Jew rvLo.-n EXISTING LAND USE(S): v-~n-t *'I{ir1r S/aa -IV'" iY¥O VI 0(.1\1\ 1) ffa,,{( PrJPOSED 'LA'ND U~E(s): .. 'U.-tfc...h ADDRESS: U 01830 Nt:, S-UYlSL:t LN .. EXmG COMPREHENSIVE PLAN MAP DESIGNATION: CI~ ZIP:Cj~o;lo PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION (if applicable): NA- TELEPHONE NUMBER Yd.$ -d-ii-d.11 S EXISTING ZONING: ()I CONTACT PERSON PROPOSED ZONING (if applicable): rJ/\ NAME: . , D:Avlcl".m..cct<; -. -7S;/..{1?3 SITE AREA (in square feet): • ~ ... u SQUARE FOOTAGE OF ROADWAYS TO BE DEDICATED COM~Y (if applicable): :\, " )/1 f N Q.u") rYlCfn m....n l.LIlvl1 . , .~ , ~ ADDRESS: • '. ~ d~oD N(. ~ LI\.I ';'. ~ , < •• <"1 "'~ : .," ~ f ZIP: CIR::v' " 'j, . " .. ,,' -i.' .,> ~\V"\O .... , Q'WSlo "i'J# '1.~JiJII FOR SUBDIVISIONS .OR PRIVATE STREETS SERVING THREE LOTS OR MORE (if applicable): Nf'\ PROPOSED RESIDENTIAL DENSITY IN UNITS PER NET ,. ACRE (if applicable): ~f<; NUMBER OF PROPOSED LOTS (if applicable): fJfr TELEPHONE NUMBER AND E-MAIL ADDRESS: Lj.;)S -d-I'l-d-. .... r15 NUMBER OF NEW DWELLING UNITS (~applicable):' r.::tw i d@. J Nt LJ mOJl, /JYCi I\lk ....J Q.IWEBIPWlDEVSERVlFonnslPlanninglmaslernpp.dodl8l29/03 . . - " . ==--=--:..:.cIN:..:.cF..::::O..:.;RMATION (cont' .:.::le:..::d:L.-) ____ ----,--_--, PROJECT VALUE: 1/'10 vuort-f' {(l~J NUMBER OF EXISTING DWELLING SQUARE FOOTAGE OF BUILDINGS (If applicable): SQUARE FOOTAGE OF EXISTING BUILDINGS TO REMAIN (if applicable): IS THE SITE LOCATED IN ANY TYPE OF ENVIRONMENTAlLY CRITICAL AREA, PLEASE INCLUDE SQUARE FOOTAGE (if ~ppllcable): NO SQUARE FOOTAGE OF PROPOSED NON-RESIDENTIAL BUILDINGS (if applicable): SQUARE FOOTAGE OF EXISTING NON-RESIDENTI~ BUILDINGS TO REMAIN (if applicable): 15"U NET FLOOR AREA OF NON-RESIDENTiAl "UIILUIIN"i", (if applicable): NUMBER OF EMPLOYEES TO BE EMPLOYED BY THE NEW PROJECT (if applicable): :;v 1:1 AQUIFER PROTECTION AREA ONE 1:1 AQUIFER PROTECTION AREA TWO 1:1 FLOOD HAZARD AREA 1:1 GEOLOGIC HAZARD 1:1 HABITAT CONSERVATION 1:1 SHORELINE STREAMS AND LAKES 1:1 WETLANDS LEGAL DESCRIPTION OF PROPERTY ___ sq.ft. ___ sq.ft. ___ sq.ft. ___ sq.ft. ___ sq.ft. (Attach legal description on separate sheet with the following Information Included) SITUATE IN THE fJI0 . QUARTER OF SECTION 2, TOWNSHIP ;;<3, RANGE 5', IN THE CITY OF RENTON, KING COUNTY, WASHINGTON. ... ': . ' TYPE Of APPLICATION & FEES List all land use apPIi~ti~ns bein~ applied for. o. ,. 1. OiYlfl tJu f'err!U ~~ 3. -CD-tlr-· ~ 2. . 4. - . .~ Staff will calculate applicable fees and postage: $ AFfiDAVIT OF OWNERSHIP ('~I>er \....~ I, (Print Namels) M 0,., ',5 PI h.Q.... &!W<! l'hl.,..,J~ ~ecl~" that I am (please check one) Vthe "",ent owner of the property Involved In this application or _ _ the authorized representative to act for a corporation (please aHach proof of authorization) and that the foregoing statements and answers herein cootalned and the Information herewith are In all respects true and correct to the best of my knowledge and belief. I certify that I kna.v or have satisfactory evidence that HOT r.<> 1'\ I-.e... signed this Instrument and acknowledged It to be hlslherllhelr free and voluntary act for the uses and purposes mentioned In the Instrument,.. • . ... .. '~'. __ . .• _ .. , (Signature of OwnerlRepresentallve) My appointment explres:. __ 4!.-" .:..1 ~-,--" ..:0::....::8'---__ Q:\WEB\PW\DEVSERV\Forms\PJanning\masterapp.doc08/29/03 IELOPMENT SERVICES DIVISION WAIVER OF SUBMITTAL REQUIREMENTS FOR LAND USE APPLICATIONS This requirement may be.waived by: ..... 1. Property Services seciihrii ',~) ','.; . '. 2. Public Works Plan Review Section >;., 3. Building Section 4. Development Planning.Section .. .. f~' .'.\ ':' . , ~., ' .'.;' PROJECT NAME: Q:IWEBIPWlDEVSERVlFormsIPlanninglwaiver.xls .~. ~-__ .-=--=--=-._ =--_==-___ =~=====___c_===_ MAR 252005 RECEIVE.D '" DEVELOPMENT SERVICES DIVISIO'~ WAiVl:::rt OF SUBMITTAL REQUlkEMENTS [FOR LANIDlUSE APPUCATIONS of Lease Draft Map of Existing Site Conditions 2 AND 3 of View Area Photosimulatlons 2 AND 3 This requirement may be waived by: 1. Property Services Section 2. Public Works Plan Review Section 3. Building Section 4. Development Planning .Section PROJECT NAME: ...J( .... .)'->1lJ..'-"--.:....~-=~/M~{.:....~..!.{ .... 4-'-'~--DATE:----,~~/ ..... ff+/ .... ~=------ Q:IWEBIPWlDEVSERVlFormsIPlanninglwaiver.xls Legal Description 'JEVELOPMENT PLANNING CITY OF RENTON MAR 252005 RECEIVED Greate,. Renton Shopping Center is comprised of those certain parcels or tracts of ~and more part~c~arly described as follows: Blook ;39, Cor:.-ected Plat of R~nton Highlands No. 2 according to plat recorded in Volume 57 of Plats, Page 92, in King County, Washington, except that portion thereof described as follows: BEGINNING at the mostsouth ... rly·corner~-Block 39 of ...said addition: thAnce North 35042' East along the southeasterly line of said block e distance of 125 feet; thence North '4°;3:;'42" West parallel to the southwesterly line of said block a distance of 90 feet; thenee South 35042' We~t l'>U'allel to the southeasterly line of said block a distance of 125 feet to the southwesterlY line of said block; thence South 54035'42" East along said Bouthwesterly line a distance of 90 feeL to the point of BEGINNING. Bloek 4;3 of Renton Highlands Addition No.2 as per Corrected Plat, recorded in Volume 57 of Plats on Page 92, records of King County, Washington, Together with vacated portion of 11th Place, Less that por"10n of Elock 4J thcr~of to-wit: BEGINNING at the point of intersection of the Westerly margin of "Kit 'Street and the' ~ol.L;,.}}e·..c-ty-ma"rg±rr-t:o-:-~2th-A"Venue·-North; t:.6Inee North 880 57' 15" West along said southerly margin 151.17 feet; "~hence at r:!.ght angles to" sajil southerlY " margin 130uth 10 02'45" West 214.01 feet to the point of intersection with the Northerly marg1n of 11th Place; thence North 650 55'lJ" East along said northerly margin 190.65 1'eet to the intersection of the Weste,.)y margin of "K" Street; thence Northerly along said Westerly margin on a curve to the right with a radius of 361.12 feet a distance of 125.41 feet; thence North 1008'15" East 9.92 feet to the p01nt. of 8EGINNING, containing 28,000 square feet. Project Narrative DFVELOPMENT PLANNING ~ITY OF RENTON APR 2 1 2005 RECEIVED We are applying for a Conditional Use Permit to meet as a church. The name of our church is One New Man Ministry and we are located at 2830 NE Sunset LN in Renton W A. Our building is an existing building in the Hi-Lands Shopping center. The building is approximately 12,175 square feet. We have the capacity to seat 623 people per the fire department, however we are currently a congregation of about 50 people. While we have the capacity to seat over 600 people we know that when and if our growth reaches approximately 200 to 250 people we will have to move to a larger facility. Our seating is in moveable chairs so we do not have stationary pews. We meet twice a week. We meet on Mondays and Fridays from 7:30pm to 10:30pm. We currently do not have any scheduled bible studies any other time of the week but there is a possibility we could have them in the future. The projected participation would possibly be half of the congregation size as not everyone can make midweek services. We also host an occasional weekend seminar which averages to be once every 10-12 weeks. These seminars are generally attended by the members of the congregation and their guests. During the Friday night service parents volunteer to have childcare for the children ages 0-12. We have a W A State Criminal Background check in place as well for everyone who participates in watching the children. There is no other childcare at any other times. Our Pastor has access to the building through out the week for him to come and do what work he needs to get done. There is another person who regularly comes in the week to help facilitate in the administrative needs of the church. The traffic to and from the building during the week is quite minimal in comparison to the previous bingo hall. As you can see our hours of operation are for the most part opposite of the existing businesses so parking is not a problem for the church or the other businesses. We have adequate parking and we do not take up any extra parking away from other businesses in our area. We believe that our presence in the community has been a good one. We welcome the community and we do our part to make it a better place. Our members pick up the surrounding area to keep it neat and clean. We feel that we are a positive change to the neighborhood and we are welcomed by our neighbors. Conditional Use Permit Justification DEVELOPMENT PU 'NG CITY OF RENT, MAR 252005 RECEIVED 05 03:1 We are asking for a conditional use permit to meet as a church in the Hi-Lands shopping center at 2830 NE Sunset LN, Renton WA 98056. We comply with all the existing zoning and city ordinances that we are aware of. We meet as a church once a week on Friday evenings and we meet on Monday evenings as well. The traffic volume is considerably lower with approximately 20 cars as opposed to the daily traffic of the previous use as a bingo hall. The parking is more than adequate for us which leaves many open spaces for the other businesses as well. The traffic volume is near to none during the rest of the week. We care about the community that is around us and we are doing what we can to reach out to the community to make them feel welcomed. Our presence in the community is a benefit in the fact that we care for those who are in need and we do not create a burden for the businesses around us. We care what our community thinks of us therefore we take care of our property and our surroundings. We comply with what has been asked of us and we welcome anyone. There is not any noise or glare issues as our building is pretty much sound proof with it being cement. We do not create any adverse effects on the landscaping or the property around us. We often pick up around our place to keep our community looking nice. We comply with all necessary building permits and standards. Because we meermuch less in the building than any other uses we drastically cut down the usage of any public improvements, facilities, utilities and services. We thank you for taking the time to consider our request and we look forward to a great relationship with our community and the City of Renton . • ; .~ .. / R-8 / J -F RM-F DEVELOPMGNI fllANNIW'· . CITY OF RENTO~'· " MAR 25 2005 . RECEIVED R t • .... " .. :-. 05 0 J , ,_.1 '"--' LIMITED LIABILITY COMPANY AGREEMENT OF GREATER IDLANDS LLC Dated as of June 4 , 2001 DEVELOPMENT PlANNING CITY OF RENTON MAR 252005 RECEIVED '. .' I1LUD Lij/ In! ! CONTENTS 1. Organization of Company ......................................................................... 1 1.1 Name ............................................................................................ 1 1.2 Formation of Company; Certificate of Formation ......................... 1 1.3 Term ............................................................................................. 2 1.4 Registered Agent and Office ......................................................... 2 1.5 PUlpose ........................................................................................ 2 1.6 Defects as to Formalities .............................................................. 2 1.7 Liability of Members and Managers to Third Parties; Reliance by Third-Party Creditors ................................................ 3 1. 7.1 Liability of Members and Mangers ............................. 3 L 7.2 Reliance by Third Parties ............................................ 3 1.8 Defined Terms .............................................................................. 3 2. Capital Contributions ................................................................................ 3 2.1 Initial Capital Contributions ......................................................... 3 2.2 Additional Capital Contributions .................................................. 3 2.3 Enforcem.ent of Commitments ...................................................... 4 2.3.1 Collection ................................................................... 4 2.3.2 Advance of Delinquent Capital Contribution ............... 4 2.4 Company Capital .......................................................................... 5 2.5 Loans ........................................................................................... 5 2.6 Maintenance of Capital Accounts ................................................. 5 Grcator HiI""dJ u:.c Aj;re=ont [OJ170-1l00J/SBO 114S0 .OJ 9 J PAGE; tSIl2lO I 2:3$PM '. 3. Management ............................................................................................. 6 3.1 Management by Managers ............................................................ 6 3.2 Initial Managers ............................................................................ 6 3.3 Appointment, Removal and Term ................................................. 6 3.4 Authority of a Manager ................................................................ 7 3.5 Restrictions on Authority of Managers ......................................... 7 3.6 Rights of Members ....................................................................... 7 3.7 Compensation ............................................................................... 8 3.8 Reimbursement'of Expenses ......................................................... 8 3.9 Other Business of Members .......................................................... 9 3.10 Right of Company to Deal With Members .................................... 9 4. Distributions ............................................................................................. 9 4.1 Distributions ................................................................................. 9 4.1.1 Distributions Other Than On Disposition Of Property ...................................................................... 9 4.1.2 Distributions Arising From The Disposition Of Property ...................................................................... 9 4.1.3 Distributions Involving Installment Sales .................... 10 4.2 Limitations on Distributions ......................................................... 10 4.3 Distributions Among Members ..................................................... 10 5. Allocations ............................................................................................... 10 5.1 Profits and Losses ......................................................................... 10 5.1.1 5.1.2 Gn:ata lIlWlds u.c Agrccmcnt l 03 770·0003/sao 114S0.039J Allocation of Profits .................................................... 10 Allocation of Losses .................................................... 11 PAOlO II 6/1210 I 2:3S PM .. 5 .2 Special Allocations ....................................................................... 11 5.2.1 Minimum Gain Chargeback ........................................ II 5.2.2 Member Minimum Gain Chargeback .......................... 11 5.2.3 Qualified Income Offset... ........................................... 11 5.2.4 Nonrecourse Deductions ............................................. 12 5.2.5 Member Nonrecourse Deductions ............................... 12 5.2.6 Special Allocation on Disposition of the Property .................. . .. .. ...... ..... . .... ........ ..... .......... ........ 12 5.3 Corrective Allocations .................................................................. 1.2 5.4 Other Allocation Rules ................................................................. 13 5.4.1 General .................................................... : .................. 13 5.4.2 Allocation of Excess Nonrecourse Liabilities .............. 13 5.4.3 Allocations in Connection With Varying Interests ...................................................................... 13 5.4.4 Section 704(c) Allocations .......................................... 13 5.4.5 Allocation to Managing Members ............................... 13 6 . Indemnification ........................................................................................ 14 6.1 Indemnification ............................................................................ 14 6.2 Nonexclusivity of Rights .............................................................. 14 6.3 Indemn ification of Officers, Employees and Agents ..................... 14 7. Dissolution of Company ........................................................................... 14 7.1 Events Causing Dissolution .......................................................... 14 7.2 Liquidation ................................................................................... 15 7.3 Deficit Capital Accounts .............................................................. 16 GtC3lQ" Hn.oo, u.c Agreement [03770"()003ISBO ll4'0.039J PAGE iii 61l2lO1 2:35 PM \ 11m m 1m wnm 11:10 P.OOoIOJ~ "---., 7.4 Waiver of Partition .... "." .............................................................. 16 8. Restrictions on Transfer of Units; WithdrawaL ....................................... 16 8.1 VoluntaIy Transfers ...................................................................... 16 8.2 Deemed Transfers ........................................................................ 16 8.2.1 Marriage Dissolution ............... , ................................... 16 8.2.2 Bankruptcy .............................. , .......................... """" 17 8.2.3 Death ofa Member ..................................................... 17 8.3 Petmitted Transfers ..................................................... " ............... 17 8.4 Transferred Units Remain Subject to this Agreement... ............ " ... 18 8.5 No Other Transfers Effective ........................................................ 18 8.6 . Offer by Member ............................. " ...................................... " ... 18 8.6.1 Voluntary Offer ............................ " ................ " .. " ...... 18 8.6.2 Offer Resulting from Deemed Transfer " .................. ".18 8.7 Procedures for Acceptance of Offer.. ........ """"'"''''''''''''''''" ....... 19 8.7.1 By Company ................................................. " ". " ....... 19 8.7.2 By Other Members ..................... "." ................. "" ....... 19 8.8 Purchase and Sale Upon Acceptance of Offer ............................... 19 8.9 Transfer Permitted Upon Rejection of Offer .... " ............. " ... " ....... 20 8.10 Purchase Price Upon Voluntary Transfer.. ..... " ............................. 20 8.11 Purchase Price Upon Deemed Transfers ....................................... 20 8.12 Admission of Transferee as Member ............................................ 21 8.14 Withdrawal ...... " .. " ................... ""'"'''''' " ........... " .. " .................... 21 Qr"",CI' Hilim<b LLC Agccmcal [03770-00031880114'0.03'1 PAGEiv 61J2IOIl:3HM '. wnm 11:11 UijOJ~J~ '--' 9. Books and Records ................................................................................... 21 10. Amendment .............................................................................................. 21 11. Miscellaneous ......................................... .-................................................. 22 11. 1 Application of Washington Law ................................................... 22 11.2 Construction ................................................................................. 22 11.3 Counterparts ................................................................................. 22 11. 4 Headings ...................................................................................... 22 11.5 Heirs, Successors and Assigns ...................................................... 22 11.6 Notices ......................................................................................... 22 11.7 Severability .................................................................................. 23 11.8 Waivers ........................................................................................ 23 11.9 Attorney's Fees ............................................................................. 23 11.10 Exhibits ........................................................................................ 23 12. Power of Attorney .................................................................................... 23 12.1 12.2 12.3 12.4 Greater HiliIDds LLC hgtc2mcnt [03770-0003ISBO 114S 0.039) Appointment ............................................................... 23 Form and Delivery ...................................................... 24 Authority .................................................................... 25 Nature ofPower ..................... : .................................... 25 MGEv 61121012:3S PM '. ~4mm 11:11 U~1/~J4 AMENDED AND RESTATED LIMITED LIABILITY COMPANY AGREEMENT OF GREATER HILANDS LLC This Limited Liability Company Agreement of Greater Hilands LLC, a Washington limited liability company (the "Company"), is effective as of .June ~ , 2001 by and among those persons executing this Agreement as members (collectively, the "Members").the Members of the Company agree to be bound by the terms of this Agreement. RECITALS A. Pursuant to Articles of Merger and a Plan and Agreement of Merger to be filed with the Washington Secretaty of State's office (the "Merger Documents"), Greater Highlands Limited Partnership Associates (the "Partnership") will merge into the Company. B. For federal income tax purposes, the Company shall be a continuation of the Partnership. AGREEMENT For and in consideration of the mutual covenants contained in this Agreement, the Members agree as follows: 1. Organization of Company 1.1 Name The name of the Company is Greater Hilands LLC. 1.2 Formation of Company; Certificate of:Formation The Members formed the Company under and pursuant to the Washington Limited Liability Company Act, RCW 25.15 (the "Act"), by filing the Certificate of Formation (the "Certificate") for the Company with the Secretary of State of the State of Washington. a",_ Hilands u.c Agrocment [OJnO-lJ003IsS011450.0J9] PAGE 1 2035 PM06/12101 KARL & WHIAW wnm 11:11 UW~H 1.3 Term The term of the Company commenced upon the filing of the Certificate with the S ecretaIy of State of the State of Washington and shall be perpetual unless earlier terminated and dissolved pursuant to Section 7. L 1.4 Registered Agent and Office The registered office of the Company in the state of Washington shall be at 14100 SE 36tti Street, Suite 200, Bellevue, Washington 98006. The registered agent of the Company to accept service of process is Morris Piha. The registered office and registered agent of the Company may be changed by the Managers from time to time by filing an amendment to the Certificate in accordance with the Act. 1.5 Purpose The purpose and business of the Company shall be to (a) purchase, invest in, finance, own, improve, develop, manage and maintain for capital appreciation and maximum current income, sell and lease the Property and the improvements constructed thereon, and other property and improvements of a commercial nature, together with all business activities incident thereto; (b) incur indebtedness; secured or unsecured, for any of the purposes of the Company; (c) enter into loans, mortgages, contracts and deeds of trust deemed necessary or convenient by the Managers; (d) participate as, or acquire a participation with, a joint venturer or partner in any joint venture or other alTangement to accomplish any purpose otherwise permitted of the Company; and (e) to engage in any and all business activities related or incidental thereto. The Company shall have all powers which are necessary or incidental to effect such purposes. The limitations of this section to particular business activities shall be deemed a limitation' of the general powers of the Company to carry out its purposes or business. The Managers shall have the power, upon approval by all Members, to exchange under the code, in a transaction qualifying for a tax £:ee or tax deferred treatment the Property for alternative commercial real estate and any such exchanged property shall likewise be termed the Property. 1.6 Defects as to Formalities No failure to observe any formalities or requirements of this Agreement, the Certificate or the Act shall be grounds for imposing personal liability on the Members or Managers for liabilities of the Company. Greater Hiland! Ltc Agreemcm [03 770-00031SJ30 11450.0391 PAGB2 ,,35 PMOG/l2iO I '-' '.-' 1.7 Liability of Members and Managers to Third Parties; Reliance by Third-Party Creditors 1.7.1 Liability of Members and Mangers Except as otherwise provided in the Act or in this Agreement, no Member or Manager shall be personally liable for any debt, obligation or liability of the Company, whether arising in contract or otherwise, solely by reason of being a Member or Manager oftbe Company. 1.7.2 Reliance by Third Parties This Agreement is entered into among tbe Company and the Members for the exclusive benefit of the Company, its Members, and their successors and assigns. Specifically (but not by way of limitation), this Agreement is not intended for the benefit of any creditor of the Company or any other person. Except to the extent provided by applicable statute, and then only to that extent, no such creditor or third party shall have any rights under this Agreement or under any other agreement between the Company and any Member, either with respect to any contribution to the Company or otherwise. 1.8 Defined Terms Capitalized tenns used in this Agreement are either defined herein or in Exhibit A. 2. Capital Contributions 2.1 Initial Capital Contributions frvin H. Karl Morris Pilla and Steven H. Miller each made an initial $50 contribution to the capital of the Company. Upon the Effective Date of the Merger (as defined in the Merger Documents), the Company shall be treated as the successor of the Partnership and the Capital Account balances of each Member in the Partnership shall carry over to their respective interests in the Company. The Inerger of the Partnership into the Company will constitute a continuation of the Partnership for federal income tax purposes. The number of Units held by each Member as oftbe Effective Date of the Merger are set forth on Exhibit B. 2.2 Additional Capital Contributions Each Member shall make additional contributions to the capital of the Company at such times, in such amounts (or, in the case of contributions of property other than CMh, h!l.ving such vnlullS) md in 2xchmge for guch number of Unitg ag 0r0aIcr Hil""ch LLC AgJccmcnt [lI3nO-o003/SS01145D.0391 PAOEl 2:35 PM05l12l0 1 , '-"'/ shall be determined by the Managers with the approval of Members owning at least two-thirds of the Units immediately prior to the additional contributions. Exhibit B shall be amended from time to time to reflect additional Capital Contributions. Amendments to Exhibit B may be made by the Managers and do not require the written consent of aU the Members. Except as otherwise determined by the Managers, additional Capital Contributions shall be made among the Members in proportion to the number of Units held by each Member. If Capital Contributions are made for a specific purpose (such as the acquisition of additional Property) and the funds are not expended for that particular purpose within a reasonable time not to exceed 120 days from the date the additional Capital Contribution were contributed to the Company, such funds shall be returned to the Members less any expenses incurred by the Company in connection with such proposal. 2.3 Enforcement of Commitments In the event a Member fails to make a Capital Contribution when due (a "Delinquent Member"), the following may occur. 2.3.1 Collection The Managers shall give a Delinquent Member a notice of the failure to make the required Capital Contribution. If the Delinquent Member fails to make the Capital Contribution (together with any costs associated with such failure and interest on the entire amount of obligation at the rate of 12 percent per annum) within ten business days after the giving of notice, the Managers may take such action, including but not limited to, enforcing the Capital Contribution obligation in a court of appropriate jurisdiction in the State of Washington. Each Member expressly agrees to the jurisdiction of such courts. 2.3.2 Advance of Delinquent Capital Contribution The Managers may allow the other Members to contribute their pro rata share of the amount of the delinquent Capital Contribution based on the number of Units owned by a contributing Member compared to the total number of Units owned by all contributing Members (the "Contributing Members"). The Contributing Members shall be entitled to treat the amounts contributed pursuant to this Section 2.3.2 as a loan from the Contributing Members bearing interest at the rate of 12% per annum secured by the Delinquent Member's Units in the Company. Until such loans are fully repaid., the Contributing Members shall be entitled to all distributions to which the Delinquent Member would have been entitled. No obligation to make a Capital Contribution may be enforced by a creditor of the Company unless the Member obligated to make such contribution expressly consents to such enforcement. Gna'", HiI •• rIa LLC Agreomcnt [03770.o003ISBO 11450.039 J PiillE4 2:3l PM06112!01 11200 m I i22 KARl & WHIAm '_.' 2.4 Company Capital (a) No Member shall be paid interest on any Capital Contribution. (b) No Member shall have the right to withdraw, or receive any return of, its Capital Contributions, except as may be specifically provided in this Agreement. No Member shall have priority over any other Member, either as to the return of its Capital Contributions or as to Profits, Losses or distributions, except as otherwise specifically provided in this Agreement. (c) Under circumstances requiring a return of any Capital Contribution, no Member shall have the right to receive property, other than cash, except as may be specifically provided in this Agreement (d) A creditor who makes a nonrecourse loan to the Company shall not, as a result of making such a loan, have or acquire at any time any direct or indirect interest in the profits, capital or property of the Company, except that, if security is given for such a loan, then the creditor may be a secured creditor. 2.5 Loans The Company shall have the power to borrow, from any Member, funds which the Managers believe are necessary for the successful operation of the Company's business. No such loan shall increase the interest of the Member making the loan in the capital of the Company or affect the Member's share of the Profits and Losses of the Company. 2.6 Maintenance of Capital Accounts The Company shall establish and maintain Capital Accounts with respect to each Member in accordance with the following: (a) Each Member's Capital Account shall be increased by (i) the Member's Capital Contributions, (li) the Member's share of Profits as determined pursuant to Section 5.1 and any special allocations of items of income or gain pursuant to Sections 5.2 and 5.3, (iii) the amount of any Company liabilities assumed by the Member, and (iv) the amount of any Company liabilities that are secured by any property distributed to that Member. (b) Each Member's Capital Account shall be decreased by (i) the amount of cash and the value of any Company property (other than cash) distributed to that Member pursuant to any provision of this Agreement, (li) the Member's share of Losses as determined pursuant to Section 5.1 and any special allocations of items of loss or deduction pursuant to Sections 5.~ and q, (;.tt) the amouftt ~f My lillbilitieg of GrUlC{ Hiland&; LLC Agt'ecmcrrt [03770~003ISBO 11450.039) PAGES 2:]5 PM0611210 1 wnm 1i:1! Ulll~J~ .... .-.' the Member assumed by the Company, and (iv) the amount of any liabilities that are secured by any property contributed by the Member to the Company. (c) If the Company at any time distributes any of its assets in kind to any Member, the Capital Accounts shall be adjusted to account for that Member's allocable share (as determined pursuant to Section 5.1) of the Profits or Losses that would have been realized by the Company had it sold the assets that were distributed at their respective fair market values immediately prior to their distribution. (d) In the event of a transfer of aU or a portion of a Member's Units in the Company in accordance with the terms of this Agreement, a transferee shall succeed to the Capital Account of the transferor in proportion to the percentage of the Member's Units transferred to that transferee. (e) In the event of additional Capital Contributions to the Company, the book value of Company assets, as used for purposes of maintaining Capital Accounts pursuant to this Section 2.6, shall be adjusted to equal their fair market values as determined by the Managers with such adjustment being allocated among the Members' Capital Accounts so that the respective Capital Account balances of each Member immediately after such contribution are in proportion to the number of Units held by each Member. (f) The foregoing provisions and the other provisions of this Agreement relating to the maintenance of Capital Accounts are intended to comply with Regulations Section 1. 704-1(b) and shall be interpreted and applied in a manner consistent with those Regulations. 3. Management 3.1 Management by Managers The business and affairs of the Company shall be managed by one or more managers appointed in accordance with this Section 3 (the "Managers"). 3.2 Initial Managers The initial Managers shall be Irvin H. Karl and Morris Piha 3.3 Appointment, Removal and Term In the event a Manager resigns, becomes incapacitated, dies or is removed, one or more successor Managers shall be appointed by Members owning two-thirds of the Units. Any Manager may be removed upon the approval of Members owning at least iwo-Ikds of the Uru~. GroaJcr Hil .. ds LLC Agccmcnl [03770.o0031SBO 11450.039 J PAGE 6 2:35 P).!OG/I2101 IIlUo m 1m W1o/~J II:I~ UIJ/~J~ '--0--0 Managers shall hold office for a term e"Piring on their death, incapacity, resignation or removal from office. 3.4 Authority of a Manager The Managers shall act only upon mutual agreement; provided, however, that either Manager acting alone shall have the power to terminate any contract for property management services. The Managers. by separate resolution, may delegate responsibilities among themselves and develop procedures for holding meetings or otherwise fulfilling their management duties. Whether or not there is more than one Manager, the signature of anyone Manager under this Agreement shall be sufficient to bind the Company to any agreement or on any document or instrument. Any person dealing with the Company may rely upon a certificate signed by any Manager as to (a) the identity of any Member, (b) any fact relevant to the Company, and ( c) the due authority of persons purporting to act on behalf of the Company. 3.S Restrictions on Authority of Managers The Managers shall not have authority to do or take any of the following actions without the approval of Members owning at least two-thirds of the Units: (a) Sell, exchange or otherwise dispose of all or substantially all of the assets of the Company; (b) Perform any act in contravention of this Agreement or that would make it impossible or unreasonably burdensome to cany on the business of the Company; (c) TeIIDinate the Company and order the distribution of assets; (d) Amend this Agreement, provided that no change shall be made in this Agreement which adversely affects the limited liability of any Member without such Member's consent; (e) Require Members to connibute additional capital; and (g) Remove a Manager. 3.6 Rights of Members Except as otherwise set forth in. this Agreement, no Member (other than in his or her capacity as a Manager) shall have any right or power to take part in the management or control of the Company or its business affairs or to act for or bind the Company in any way. Grooalolr I!iImdJ u.c Agrc<:mcnt r03770-00031SS<l1l4S000J91 MOE 7 'l!:,\.~ PM'Otill?/nl ~. 3.7 Compensation If one ofllie Managers serves as the management company, the Company shall pay that Manager a monthly property management fee of3% of gross revenues for the preceding month from rents or other income-producing activities (other than revenue generated in connection with the sale, financing or refinancing of the Property) plus a 5% commission for each new lease transaction. The fee shall not be paid or shall be reduced to the extent that fees for property management services as described below are not performed by the Manager or paid by the Company to other persons. If the Managers in their sole discretion determine to retain nonaffiliated persons to provide such services, then the cost to the Company may exceed the fee described above, provided that such services are obtained on terms which are no less favorable to the Company than those which are customary in the greater Seattle, Washington area. The property management services shall consist of (a) supervising the maintenan.ce, repair, remodeling and refurbishing ofthe Property; (b) establishing and revising rent schedules; (c) employing and supervising on-site property managers, together with the establishment of procedures and preparation of any necessazy operational manual regarding the management of the project; Cd) reviewing leases, management agreements and maintenance agreements; ( e) monitoring replacement reserves and working capital and recommendations with respect to changes thereto; and (f) conducting periodic physical inspections and market surveys. 3.8 Reimbursement of Expenses Reimpursement shall be made to the Managers for the actual cost to the Managers of goods, materials and services (including, without limitation, lega~ accounting and other services) used for or by the Company, subject to the following: the Company shall pay all costs and expenses ofllie Company which may include, but are not limited to: (a) all costs of personnel employed by the Company other than officers and directors of the Managers; (b) aU costs of borrowed money, taxes and assessments on the Property and other taxes applicable to the Company; (c) legal, accounting, brokerage and other fees, including fees of affiliates of the Managers; (d) fees and expenses paid to contractors, mortgage bankers and brokers, leasing agents, consultants, on-site managers, real estate brokers, appraisers and other agents including affiliates of the Managers; (e) fees and expenses in connection with the acquisition, development, disposition, repair, remodeling, leasing, fmancing, refinancing and operation ofthe Property; (1) expenses in connection with distributions to the Members and preparing and mailing reports required to be furnished to the Members for investor, tax reporting or other pUIposes; and (g) costs incurred in connection with any litigation, including any examinations by regulatory agencies. Ore=: Hij .. do LtC Aer==rt [03770'()003ISBO 11450.0391 PAGES 2:35 PM0611:z10 l Km « mUIIAm WlO/~J II:l~ Ulo/~J~ 3.9 Other Business of Members The Members may engage in business ventures and activities of any nature and description, independently or with others and whether or not in competition with the business of the Company. Neither the Company nor any of the Members shall have any rights in or to the independent ventures and activities of the other Members, or the income or profits derived therefrom, by reason of their acquisition of an interest in the Company or their status as Members. Each Member waives any rights he may have against the others for capitalizing on information learned as a consequence ofbis connection with the affairs of the Company. 3.10 Right of Company to Deal With Members The Company may. upon the approval of the Managers, enter into agreements, contracts or arrangements with one or more of the Members or parties related to such Members pursuant to which such Member, Members or related parties provide goods or services to the Company in connection with the Company's activities. The terms of such agreements, contracts or arrangements shall be those mutually agreed upon by the Managers and such Member or Members and shall be embodied in a written agreement 4. 'Distributions 4.1 Distributions 4.1.1 Distributions Other Than On Disposition Of Property All Distributable Cash other than Distributable Cash arising from the Disposition oithe Property as provided in Section 4. 1.2 shall be distributed (a) 10% to the Managing Members and (b) 90% to all Members (including the Managing Members). 4.1.2 Distributions Arising From The Disposition Of Property All Distributable Cash arising from the Net Profit on Disposition of the Property shall be distributed as follows: (a) $500,000 of the Net Profit on Disposition shall be distributed 14.5% to the Managing Members and 85.5% to all Members (i.e., Members including the Managing Members); (b) Next, an additional $500,000 of remaining Net Profit on Disposition shall be distributed 19% to the Managing Members and 81% to all Members (Le., Members including the Mana~ M!m.berg): lind 0.._ Hiland. uc Aerccmcot [03770.000J/sBO 114:10.039] PAGE 9 2:35 PM06/12/0l KARl & WH 1 AIE~ WlOm 11:11 Ulo/ijJ~ (c) Any remaining Distributable Cash arising from the Disposition of the Property shall be distributed 28% to the Managing Members and 72% to all Members (i.e., Members including the Managing Members). 4.1.3 Distributions InVOlving Installment Sales If the Disposition of the Property is reported for tax purposes on the installment basis then a special distribution shall be prorated over the term. of the installment reporting in the same proportion as each year's Distributable Cash bears to the total Distributable Cash from the Disposition of the Property. 4.2 Limitations on Distributions No distribution shallbe made pursuant to Section 4.1 if; after the distribution is made, (a) the Company would be unable to pay its debts as they become due or (b) the liabilities of the Company (other than liabilities for which recourse to creditors is limited fo specific assets of the Company) would exceed the fair market value of the Company's assets (net of any liabilities to which those assets may be subject). 4.3 Distributions Among Members (a) Any distribution made to the Managing Members shall be made equally to each Managing Member unless otherwise agreed in writing by both Managing Members. (b) Any distribution made among the Members shall be made among the Members in proportion to their Percentage Interests. 5. Allocations 5.1 Profits and Losses 5.1.1 Allocation of Profits After giving effect to the special allocations provided in Sections 5.1.2(b), 5.2 and 5.3, Profits for any fiscal year or other relevant period shall be allocated 10% to the Managing Members and 90"10 to all Members (including the Managing Members) in proportion to their Percentage Interests; provided, that upon the Disposition of the Property, Profits shall be allocated among the Members in accordance with, and to the extent ot: the amounts distributable to them pursuant to Section 4.1.2. O!WerHil""""LLC Agr=nl [0377!H1003/SBOI14S0.0J91 PAGE 10 2:JS PM06l12l0 I U/UO iO I I ~// U41/OIUJ 11:/1 r.UIIIUH 5.1.2 Allocation of Losses (a) After giving effect to the special allocations provided in Sections 5.1.2(b), 5.2 and 5.3, Losses for any fiscal year or otherrelevant period shall be allocated 10% to the Managing Members and 90% to all Members (including the Managing Members). (b) Notwithstanding the provisions of Section 5.1.2(a), any Losses otherwise allocable to a Member that exceeds the positive balance in such Member's Adjusted Capital Account shall instead be allocated first to all Members who have positive balances in their Capital Accounts in proportion to their respective Percentage Interests, and when all Members' Capital Accounts have been reduced to zero, then in accordance with Section 5.1.2(a). To the extent any Losses are allocated to other Members (the "Affected Members") as the result of this loss limitation provision, notwithstanding Section 5.1.2, subsequent items of income or gain otherwise allocable to the Member whose share of Losses is limited pursuant to this Section 5.1.2(b) shall be allocated as quickly as possible to the Affected Members in reverse order of such Losses allocations to the extent of and to offset such allocated Losses. 5.2 Special Allocations The following special allocations shall be made for any fiscal year of the Company in the following order: 5.2.1 Minimum Gain Chargeback If there is a decrease in the Company's "partnership minimum gain," as defined in and determined under Treasury Regulations Section 1.704-2(b)(2) and 1.704-2(d), the minimum gain chargeback provisions of Treasury Regulations Section 1 .704-2(f), which are hereby incorporated into this Agreement by this reference, shall be applied. 5.2.2 Member Minimum GainChargeback If there is a decrease in any Member's share of "partner nonrecourse debt minimum gain," as defined in and determined under Treasury Regulations Section 1. 704-2(i), the partner nonrecourse debt minimum. gain chargeback provisions of Treasury Regulations Section 1 .704-2(i)(4), which are hereby incorporated into this Agreement by this reference, shall be applied. 5.2.3 Qualified Income Offset In the event that any Member unexpectedly receives any adjustments, allocations, or distributions described in Treasury Regulations Section 1.704- I(b)(2)(ii)(d)(4), (5) or (6), items of Company income and gain shall be specially Gn:atcr Hilands!LC As==nt [03770./)O03IS80114~O.0391 PAGE 11 2:35 PM06l12l01 wnm 11:11 UI~/~I~ '-.....-' allocated to such Member in accordance with Treasury Regulations Section 1.704· (1)(b)(2)(ii)(d). 5.2.4 Nonrecourse Deductions "Nonrecourse deductions," as defined in and determined under Treasury Regulations Sections l.704-2(b)(1) and (c), shall be allocated among the Members in proportion to their Capital Contributions. 5.2.5 Member Nonrecourse Deductions "Partner nonrecourse deductions;" as defined in and determined under Treaswy Regulations Sections 1. 704-2(i)(1) and (2); shall be specially allocated among the Members in accordance with Treasury Regulations Section 1. 704.2(i). 5.2.6 Special Allocation on Disposition of the Property In the fiscal year of a Disposition of the Property, all or a portion of the remaining items of Company income or gain arising from the Disposition of the Property shall be specially allocated among the Members in proportion to and to the extent of the excess, if any, of (a) the cumulative distributions each has received pursuantto Sections 4.1.2(b), 4.1.2(c), 7.2(a)(ili) and 7.2(a)(iv) hereof from the commencement of the Company to a date thirty (30) days after the end of such fiscal year over (b) the cumulative items of income and gain allocated to such Member pursuant to this Section 5.2.6 for all prior fiscal years. 5.3 Corrective Allocations The allocations set forth in Section 5.2 (other than Section 5.2.6) are intended to comply with certain regulatory requirements under Code Section 704(b). The Members intend that, to the extent possible, all allocations made pursuant to such Section will, over the term of the Company, be offset either with other allocations pursuant to Section 5.2 (other than Section 5.2.6) or with special allocations of other items of Company income, gain, loss, or deduction pursuant to this Section 5.3. Accordingly, the Managers are hereby authorized and directed to make offsetting allocations of Company income, gain, loss or deduction under this Section 5.3 in whatever manner the Managers determine is appropriate so that, after such offsetting special allocations are made (and taking into account the reasonably anticipated future allocations of income and gain pursuant to Sections 5.2.4 and 5.2.5), the Capital Accounts of the Members are, to the extent possible, equal to the Capital Accounts each would have if the provisions of Section 5 .2 (other than Section 5.2.6) were not contained in this Agreement and all income, gain, loss and deduction of the Company WGI' in~~yIl4 ~llQcated in accordance with the proviSiOns of Sections 5.1 and 5.2.6. Gre::an:r Hi1mds llC AsrccmcIll [Q3770-000JISBOJ 1450.0391 PAGE 12 2,35 PM06112101 ; : ''-'' 5.4 Other Allocation Rules 5.4.1 General Except as otherwise provided in this Agreement, all items of Company income, gain, loss, deduction, credit, and any other allocations not otherwise provided for shall be allocated among the Members based upon their Units, or as otherwise may be required under the Code and the regulations thereunder. 5.4.2 Allocation of Excess Nonrecourse Liabilities Solely for purposes of determining a Member's proportionate share of the "excess nonrecourse liabilities" of the Company within the meaning of Regulations Section 1.752-3(a)(3), the Members' interests in the Company's profits shall be in accordance with the allocation of Profits among the Members pursuant to Section 5.1. 5.4.3 Allocations in Connection With Varying Interests If during a Company fiscal year, there is (a) a permitted transfer of a Member's Interest, or (b) the admission of a Member, then Profit, Loss, each item thereof and all other tax items of the Company for such fucal year shall be divided and allocated among the Members by taking into account their varying interests during such fiscal year in accordance with Code Section 706( d) and using any conventions permitted by law and selected by the Members. Neither the Company nor any Member shall incur any liability for making allocations and distributions in accordance with the provisions of this Section 5.4.3, whether or not any Member or the Company has knowledge of any Transfer of ownership of any Interests. 5.4.4 Section 704(c) Allocations The method for allocating allocations of taxable income, gain, loss or deduction pursuant to Section 704( c) of the Code shall be determined by the Managers. 5.4.5 Allocation to Managing Members Any allocation to the Managing Members shall be made equally to each Managing Member unless otherwise agreed upon in writing by both Managing Members. Gte<u.r HilIUJds Ll.C Agreement {0377IHl003ISBOII450,039] PAGE 13 2:35 PM061I2fOJ wnm 11:11 r,wm~ 6. Indemnification 6.1 Indemnification To the fullest extent allowable by law, the Company shall indemnify and hold harmless each Member and Manager of the Company from and against any and all losses, claims, demands, costs, damages, liabilities, expenses of any nature (including attorneys' fees and disbursements), judgments, fines, settlements and other amounts arising from any and all claims, demands, actions, suits or proceedings, civil, criminal, administrative or investigative, in which a Member or Manager may be involved, or threatened to be involved, as a party or otherwise, arising out of or incidental to any business of the Company transacted or occurring while that Member was a Member or that Manager was a Manager, as the case may be, regardless of whether the Member or Manager continues to be a Member or Manager of the Company at the time any such liability or expense is paid or incurred. 6.2 NonexC\usivity of Rights The indemnification provided by this Section 6 shall be in addition to any other rights to which those indemnified may be entitled under any agreement or vote of the Members, as a matter of law or equity, or otherwise, and shall continue as to a Member or Manager who has ceased to serve in that capacity, and shall inure to the benefit of the heirs, successors, assigns and administrators of the Member or Manager so indemnified. 6.3 Indemnification of Officers, Employees and Agents The Managers may cause the Company to indemnify and advance expenses to an officer, employee or agent of the Company to the same extent and subject to the same conditions under which it may indemnify and advance expenses to Members and Managers under this Section 6. 7. Dissolution of Company 7.1 Events Causing Dissolution The Company shall dissolve upon the happening of any of the following events: (a) the sale or other disposition ofall or substantially all of the assets of the Company and the collection of all proceeds from that sale or disposition; or (b) the approval of Members owning two-thirds of the Units to dissolve the Compmy. are= BllilDdo u.c A!.=:mcnl [03170-0003/SIIO! 14,0 .039) PAG,E 14 2:35 PMOGI!21O t : 'D'/UO nr IW Upon an event of dissociation of a Member as defined in RCW 25.15.130, the Company shall automatically continue without further approval or vote of the Members. 7.2 Liquidation (a) Upon a dissolution of the Company, the Managers or a court-appointed trustee shall take full account of the Company's assets and liabilities, and the Company's property shall be liquidated as promptly as is consistent with obtaining its fair value. The proceeds from the liquidation, to the extent they are sufficient, shall be applied and distributed in the following order and priority: (i) First, to the payment and discharge of all of the Company's debts and liabilities (other than those to the Members), including the establishment of any necessary reserves; (ii) Second, to the payment of any debts and liabilities to the Members; (iii) Third, to the Members in accordance with Section 4.1; provided that no distribution shall be made pursuant to this Section 7.2(a)(iii) which creates or increases a Capital Account deficit which exceeds such Member's obligation (deemed or actual) to restore such deficit. (b) The Capital Account balances of each Member shall be appropriately adjusted, before any distributions are made pursuant to tIus Section 7.2, to reflect sales or other dispositions by the Company giving rise to Capital Account adjustments and to reflect the Capital Account adjustments provided elsewhere under this Agreement. Profits and Losses resulting from a liquidation, if any. shall be allocated among the Members as provided for in Section 5. L If any assets of the Company are to be distributed in kind, those assets shall be distributed to the Members in the percentages of ownership that reflect the percentage shares of cash that would have been distributed to each pursuant to this Section 7.2 had the asset been sold at its fair market value. (c) Each Member shall look solely to the assets of the Company for all distributions with respect to the Company, including the return of a Member's Capital Contributions and a Member's share of cash, and shall have no recourse therefor, upon dissolution or otherwise. against the Company or any other Member. No Member shall have any right to demand or receive property other than cash upon dissolution and termination of the Company. Grcata 8iI""'" LLC Agr=nI [03770.0003ISBOI1450.0391 PAGE IS 2:35 PM06112101 '-...- 7.3 Deficit Capital Accounts Except as may otherwise be required by law or any other agreement to the contrary, notwithstanding anything to the contrary contained in this Agreement, to the extent that any Member has a deficit Capital Account balance upon dissolution of the Company, that deficit shall not be an asset of the Company and that Member shall not be obligated to contribute that amount to the Company to bring the balance of that Member's Capital Account to zero. 7.4 Waiver of Partition No Member, either directly or indirectly, shall take any action to require partition of the Company or any of the property or assets of the Company or cause the sale of all or any portion of the property or assets of the Company. Notwithstanding any provision of applicable law to the contrSIy, each Member (and his, her or its successors and assigns) hereby irrevocably waives any and all right to maintain any action for partition or to compel any sale with respect to any Units, or with respect to any of the assets or property of the Company, except as expressly provided in this Agreement. 8. Restrictions on Transfer of Units; Withdrawal 8.1 Voluntary Transfers A Member shall not Transfer any Units owned by him or her except as follows: (a) Transfers permitted by Section 8.3; (b) Transfers made in accordance with Section 8.8 after the Member has made an offer to sell the Units pursuant to Section 8.6 and the Company and the other Members have not accepted such offer pursuant to Section 8.7; and (c) Transfers made in accordance with Section 9. No transferee shall be admitted as a Member except in accordance with Section 8.13. 8.2 Deemed Transfers 8.2.1 Marriage Dissolution Any disposition or proposed disposition of Units owned by a Member to his or her spouse pursuant to a property settlement agreement or by court decree in connection with anr marriaOe dissolution proceedinB involvinB ~ MY~vwr ~bWl b; Or""", Hibmds u.c Agrccmcot [OJ77()'{)OOJ/SBO 114S0.C39 J PAGE lG 2:J5PMOGll1/Cl : ll'LUO LOI I~il '--' deemed a proposed Transfer of such Units and an Offer to sell such Units pursuant to Section 8.6.2 unless such proposed Transfer is a Permitted Transfer under Section 8.3. The date of execution of a property settlement agreement or of entry of a court order, whichever is later, shall be deemed to be the date on which the Offer to sell is received by the Company and the date from which the time periods described in Section 8.7 begin to run. 8.2.2 Bankruptcy The filing of a petition for the voluntary or involuntary bankruptcy of a Member (unless such petition is dismissed within 30 days after the date offiling) shall be deemed a proposed Transfer of the Units owned by such Member and an Offer to sell such Units pursuant to Section 8.6.2. The date on which the Company or the other Members, as the case may be, receive notification of such filing shall be deemed to be the date on which the Offer to sell by the bankrupt Member is received and the date from which the time periods described in Section 8.7 begin to run. 8.2.3 Death of a Member The death of a Member shall be deemed a proposed Transfer of the Units owned by such Member and an Offer to sell such Units pursuant to Section 8.6.2 unless such proposed Transfer is a Permitted Transfer under Section 8.3. Any transfer of such shares by the estate of the deceased Member shall be subject to the terms of this Agreement and to the restrictions on disposition described herein as if such estate constituted a Member. The date of appointment and qualification of the personal representative of such deceased Member's estate shall be deemed to be the date on which the Offer to sell is received and the date from which the time periods described in Section 8.7 begin to run. 8.3 Permitted Transfers The restrictions on Transfers of Units set forth in this Agreement shall not apply to the following Transfers ("Permitted Transfers"), which may take place after the date of this Agreement: (a) The Transfer of Units to a Member's spouse, descendants, parents or siblings. (b) The Transfer of Units to trusts or other entities formed solely for the benefit of (i) any of the Members, (ii) such Members' spouse descendants, parents or siblings. ~c> The Transfer of Units among Members. Oreatcr Hiland. LLC A!!,=nont r0377~003/sBOl14~O.039J PAGE 17 2:3~ l'M06/12lO1 t' ., f - 8.4 Transferred Units Remain Subject to this Agreement If any Units are Transferred, whether or not in accordance with this Agreement, the transferee and transferee's spouse, if any, shall receive and hold the Units so transferred subject to this Agreement and subject to the obligations of the transferor hereunder. No Permitted Transferee shall be admitted as a Member except in accordance with Section 8.13. 8.5 No Other Transfers Effective Except for Pennitted Transfers, no Transfer of Units shall be effective, and the Company shall not record or recogniie any such Transfer, unless and until there has been full compliance with this Agreement. If no Offer is made as herein required, the Company and the Members may nevertheless exercise their rights hereunder as to Units being Transferred, and they may do so at any time, even after the purported Transfer of the Units. 8.6 Offer by Member 8.6.1 Voluntary Offer A Member desiring to Transfer Units owned by him or her (the "Offering Member") must first (a) have a written offer to purchase the offering Member's Units from a bona fide purchaser and (b) offer to sell such Units to the Company and to the other Members. Such offer (the "Offer") shall consist of a written notice to the Company and the other Members offering to sell the Units that pertain to the proposed Transfer (the "Offered Units") and shall include (a) a statement of intention to Transfer; (b) the name and address of the prospective transferee; (c) the number of Units proposed to be Transferred; and Cd) a copy of the written offerfrorn the bona fide purchaser that contains all of the terms of the proposed Transfer, including the purchase price for the Offered Units. 8.6.2 Offer ResUlting from .Deemed Transfer A Member whose Units are the subject of a deemed Transfer as set forth in Section 8.2 also shall be considered to be an Offering Member, the Units that are the subject of the deemed Transfer shall be considered the Offered Units, and the Offer to sell the Offered Units shall be deemed received by the Company and the other Members on the date specified in the applicable provision of Section 8.2. Grcata Hiland. u.c Acrc=<ot (03770-0003/8 BO 11450.039) PAGEU 2:35 pMOGIl2l01 UOUU ,01 10" . '--, 8.7 Procedures for Acceptance of Offer 8.7.1 ' By Company Within 30 days after its receipt ofthe Offer, the Company, at its option, may accept the Offer as to all or some of the Offered Units by giving written notice to the Offering Member or his or her legal representative and to the other Members of the number of Units that the Company is electing to purchase. 8.7.2 By Other Members (a) If the Offer is not accepted by the Company as to all the Offered Units, the Members other than the Offering Member, at their option, may elect to purchase the Offered Units that the Company has not elected to purchase (the "Remaining Units"). Each such Member shall exercise the option hereunder by giving written notice within 45 days after receipt of the Offer, to the Offering Member or his or her legal representative, to the Company and to the other Members of his or her election to purchase all or a specified number of the Remaining Units (an "Election Notice"). Members electing to purchase all or a portion of the Remaining Units shall be referred to as "Electing Members." (b) If the total number of Units specified in the Election Notices exceed the number of Remaining Units, each Electing Member shall have priority, up to the number of Units specified in his or her Election Notice, to purchase such proportion of the Remaining Units as the number of Units that he or she owns bears to the total number of Units owned by all Electing Members. The Remaining Units not allocated to Electing Members on such a priority basis shall be allocated in one or more successive allocations to th.ose Electing Members who have elected to purchase more than the number of Units to which they have a priority right, up to the number of Units specified in their respective Election Notices, in the proportion that the number of Units owned by such Electing Members bears to the number of Units owned by all of them. (c) Promptly after expiration of the time periods set forth in this Section 8.7.2 for exercising elections to purchase the Remaining Units, the Company shall notify each Electing Member of the number of Remaining Units as to which his or her election was effective. 8.8 Purchase and Sale Upon Acceptance of Offer ]f an Offer made pursuant to Section 8.6 is accepted by the Company or by the other Members (or by both) as to all of the Offered Units, the Company and the Bl\j~ting Mwmbwr~! wli~h to the e~ent th~y ~lycted to purchase the Offered Units and C'JtCalCT Hiland!; LLC Agrl:eme1U (D3770.a003/SBOII~O.03?1 PAGEL? l:3S PM06II2IOl \ "-., to the extent their elections were effective (the "Purchasers"), shall purchase and the Offering Member (the "Selling Member") shall sell the Offered Units pursuant to the applicable provisions of this Section 8. 8.9 Transfer Permitted Upon Rejection ofOfTer (a) If an Offer made pursuant to Section 8.6.1 is not accepted by the Company or by the other Members (or by both) as to all the Offered Units, then the Offering Member may Transfer the Offered Units to the prospective transferee named in the Offer, but only in strict accordance with the terms set forth in the Offer, and such Transfer must be completed within 90 days following the expiration of the time provided for the election by the other Members to purchase the Offered Units. If such Transfer is not completed within such 90-day period, the Offered Units again shall be subject to the restrictions set forth in this Agreement. (b) If an Offer made pursuant to Section 8.6.2 is not accepted by the Company or by the other Members (or by both) as to all the Offered Units, then the Offered Units may be Transferred in accordance with the terms of the deemed Transfer, after which time any subsequent Transfers again sb.all be subject to the restrictions set forth in this Agreement. 8.10 Purchase Price Upon Voluntary Transfer If an Offer is made by the Offering Member pursuant to Section 8.6.1, the purchase price of each of the Offered Units shall be the price per Unit set forth in the Offer. The purchase of such Units shall be on the same additional terms and conditions set forth in the Offer, except that the date of closing shall be 45 days after acceptance of the Offer, and any Purchaser, at his or her sole option, may electto pay the purchase price over a period offive years as described in Section 8.12. If the consideration for the proposed sale includes property other than cash, the value of such property for purposes of determining the proposed purchase price shall be deemed to be the fair market value of such property at the time the Offer described in Section 8.6.1 is made or on the date of closing, whichever is less. The good faith decision of the Managers as to the fair market value of such property shall be binding on all parties. 8.11 Purchase Price Upon Deemed Transfers If an Offer is made by the Offering Member pursuant to Section 8.6.2, the purchase price of each of the Offered Units shall be determined by mutual agreement of the affected parties or, absent agreement, by appraisal of the Units, as determined by an independent appraiser selected by the Managers. The costs associated with the Qr""""lfilaa<bUC A!:rc= [03770-0003/SBol14'O.039j PAGE :ZO 2:35 PM06Il:ztOl IIlUO lOI 1011 1m & mmrm ',. appraisal shall be borne 50 percent by the Selling Member and 50 percent by the Purchasers in proportion to the number of Units being purchased by each ·Purchaser. 8.12 Admission of Transferee as Member A transferee or other assignee of a Member's Units shall become a Member of the Company only if (a) Members owning at least two-thirds of the Units (excluding the transferring Member) consents to the admission of the transferee or assignee as a Member unless the Transfer is a Permitted Transfer, and (b) the transferee or assignee executes a statement approved by the Managers agreeing to be bOUlld by the terms of this Agreement. If the Transfer is a Permitted Transfer, the transferee or ~signee is ouly required to execute a statement approved by the Managers agreeing to be bound by the tenus of this Agreement. If the conditions are not met, the transferee or other assignee shall only be entitled to share in such Profits and Losses and to receive such distributions to which the transferring Member was entitled and shall not be entitled to any other rights or powers as a substitute Member. 8.14 Withdrawal No Member may withdraw from the Company without the consent of the Managers, which may be withheld in their sale discretion. 9. Books and Records The Company shall maintain full and accurate books and records at its principal office, and all Members shall have the right to inspect and examine such books at reasonable times. If such books are to be kept at any place other than at the principal office of the Company, all Members shall be immediately notified in writing. The books shall be closed and balanced at the end of each fiscal year. Upon the request of Members owning 10% or more of the Units, the books shall be audited by a firm of independent certified public accountants at Company expense. The Managers agree to deliver to each Member within 90 days after expiration of each fiscal year of the Company a balance sheet and a profit and loss statement, together with a statement showing the capital accounts of each Member, the distriblltions to each Member, and the amount thereof reportable for state and federal tax purposes. 10. Amendment This Agreement may be amended, restated or modified from time to time only by approval of Members owning at least two-thirds of the Units. On:aur alland! LLC Agreement (03770-0003/8BO 11450.039J PAGE 21 2:35 PM06l1l101 lHUO £01 lOll '-\.. ~: 11. Miscellaneous 11.1 Application of Washington Law This Agreement, and the application and interpretation hereof shall be governed exclusively by its terms and by the laws of the State of Washington, and specifically by the Act. 11.2 Construction Whenever the singular number is used in this Agreement and when required by the context, the same shall include the plural and vice versa, and the masculine gender shall include the feminine and neuter genders and vice versa. 11.3 Counterparts This Agreement may be executed in counterparts, each of which shall be deemed an original but all of which shall constitute one and the same instrument. 11.4 Headings The headings in this Agreement are inserted for convenience only and are in no way intended to describe, interpret, define or limit the scope, extent or intent of this Agreement or any provision hereof. 11.5 Heirs, Successors and Assigns Each and all of the covenants, terms, provisions and agreements contained in this Agreement shall be binding upon and inure to the benefit of the parties hereto and, to the extent permitted by this Agreement, their respective heirs, legal representatives, successors and assigns. 11.6 Notices Any notice, demand or communication. required or pennitted to he given by any provision of this Agreement shall be deemed to have been sufficiently given or served for all purposes if (a) delivered personally, (b) deposited with a prepaid messenger, express or air courier or similar courier, (c) deposited in U.S. fast-class certified or registered mail, postage prepaid, or (d) transmitted by telecopier or facsimile (with originals mailed the same day by U.S. mail, postage prepaid) .. Notice shall be deemed to have been received (i) upon receipt in the case of personal delivery, (li) two days after being deposited in the case of messenger, express or air courier or similar courier, (iii) three business days after the date deposited in U.S. 0== lUI .. ", LLC Agre"',,'" [03 770'()003/Sll(] 11450.039] PAGE 22 2:35 PM06/1210 1 TWO m 1m first-class certified or registered mail, and (iv) the day of receipt as evidenced by a facsimile confmnation statement in the case of transmittal by facsimile. 11. 7 Severability If any provision of this Agreement or the application of that provision to any person or circumstance shall be invalid, illegal or unenforceable to any extent, the remainder of this Agreement and the application thereof shall not be affected and shall be enforceable to the fullest extent permitted by law. 11.8 Waivers The failure of any party to seek redress for violation of or. to insist upon the strict perfonnance of any covenant or condition of this Agreement shall not prevent a subsequent act, which would have originally constituted a violation, from having the effect of an original violation. 11.9 Attorney's Fees In the event suit or arbitration is instituted to enforce any of the terms of this Agreement, the prevailing party shall be entitled to recover from the other party or parties such sum as the court or arbitrator may determine reasonable as attorneys' fees, in addition to all other sums provided by law. 11.10 Exhibits Exhibits A, B and C are attached to and by this reference made a part of this Agreement 12. Power of Attorney 12.1 Appointment Each Member hereby makes, constitutes and appoints the Managers his true and lawful attorney-in-fact for him and in his name, place and stead and for his use and benefit, from time to time: 12.1.1 To make as required a Certificate of Fonnation under the laws of the State of Washington, and to amend said Certificate as authorized in this Agreement. 12.1.2 To make all agreements amending this Agreement, as now or hereafter amended, that may be appropriate to reflect: G=1cr Hilomd. LLC AgroomeDl [03771l.o003fSBOI14SQ.0391 PAGE 23 2:35 PM061l2lU1 j l1iUO ill lilt WL « mU~I!m wnm 11:10 r.mm~ ''-.-.' 12.1.2. 1 A change of the Dame oflocation of the principal place of business of the Company_ 12_L2.2 The transfer or disposal by a Member of his interest as a Member in the Company in any manner permitted by this Agreement. 12_ 1.2.3 A person becoming a substituted Member of the Company as permitted by this Agreement 12.1.2.4 An increase in the number of Units as permitted by this Agreement and admission of new Members. 12.1.2.5 Any other changes in or amendments to this Agreement but only if and when the consent thereto has been obtained from holders of at least two-thirds of the total number of Units then outstanding, provided that no change shall be made in this Agreement which adversely affects the limited liability of the Members without the consent of all the Members. 12.1_3 To make such certificates, instruments and documents for such Members as may be required, or as may be appropriate for such Members to make, by the laws of any state or other jurisdiction, to reflect: 12.1.3.1 A change of name or address of a Member. 12.1.3.2 Any changes in or amendments to this Agreement, or pertaining to the Company, of any kind referred to in Section 12.1.1. 12.1.4 Subject to the provisions of Section 3.5, to effectuate, with full power and authority to act in his name, place and stead in effectuating, the purposes of the Company, including the execution ofall certificates, documents, deeds, bills of sale, assignments and other instruments of conveyance, leases, contracts, loan documents and counterparts thereof, and all other documents which the Managers deem necessary or reasonably appropriate to accomplish the purposes and carry out the powers of the Company. 12.2 Form and Delivery Each of such agreements, certificates, instruments and documents shall be in such form as such attorney-in-fact and counsel for the Company shall deem appropriate. The powers hereby conferred to make agreements, certificates, ~bmenls and documen{s shall be deemed to ~clude, w~thou{ bkt~on, Ute powers Greater Hiluub u.c A!l=mcn, [0377()..(1003ISBO 11450.039] PAG£24 2:J5 PM06/J2101 • g,VO ,0( Ilee 1m ! WHIAm to sign, execute, acknowledge, swear to, verify, file, deliver, record or publish the same. 12.3 Authority Each Member hereby: (i) authorizes such attorneys-in-fact to take any further Action which such attorneys-in-fact shall consider necessaty or advisable in connection with any of the foregoing; (ii) gives such attorneys-in-fact full power and authority to do and perform each and every act or thing whatsoever requisite or advisable to be done in and about the foregoing as fully as such Member might or could do if personally present; and (iii) ratifies and confirms all that such attorneys-in-fact shall lawfully do or cause to be done by virtue hereof. 12.4 Nature of Power The power of attorney granted herein (i) is a special power of attorney coupled with an interest and is irrevocable; (ii) may be exercised by such attorneys-in-fact by a facsimile signature of such attorneys-in-fact or by listing all of the Members executing any instrument with a single signature of such attorneys-in-fact acting as attorneys-m-fact for all of them; and (iii) shall survive the delivery of an assignment or other transfer by a Member of the whole or a portion of his interest in the Company, except that where such assignment is of such Limited Member's entire interest in the Company and the purchaser, assigoee or other transferee thereof is admitted as a substituted Member pursuant to Section 8, the power of attorney of such transferor Member sball survive the delivery of such assignment or other transfer for the sole purpose of enabling slich attorneys-in-fact to execute, acknowledge, swear to, deliver and file any such agreement, certificate, instrument or document necessary to effect such substitution. The power of attorney granted herein shall not be affected by the disability or incompetence of the Member, and shall continue until revoked or terminated notwithstanding any uncertainty as to whether the Member is dead or alive. Disability shall include the inability to manage property and affairs effectively for reasons such as mental illness, mental deficiency, physical illness or disability, advanced age, chromc use of drugs, chromc intoxication, confinement, detention by a foreign power or disappearance. Disability may be evidenced by a written statement of a qualified physician regularly attending the Principal or by detention or disappearance. Greater FUUmds LLC Agrtcmom [03 770.(10031SBO 11450 .039 J PAGE2S 2;41 PMOliIlliOI KARL & mOC/lm IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date set forth below. Dot'" ~ ~"9 :fflo ( o.(Jt!at ~, J.m. ( .te/://y 2 I Dated: .4zjY41I"/3 2<zcJ I Or.a!er lIilacds LLC i\er .. mcnt [03770-0003/880 114S0.039] Steven H. Miller PAGE 25 2:41 PM05/lVOl .. , .. .. ,,!,VU GOI IOGG WL I mmrm ....... GREATERBILANDSLLC CONSENT OF MEMBERS The undersigned, being all of the members of Greater HiIands LLC, a Washington limited liability company (the "Company"), by execution of this Consent or a counterpart of this Consent, hereby consent to the following actions and hereby waive any notices required with respect thereto by law or by the terms of the Limited Liability Agreement of the Company (the "Agreement") or otherwise. This Consent, when signed, shall be effective no earlier than ten (10) days after the Company has sent a Notice of Dissenters' Rights to all of the members of the Company: MERGER OF GREATER HILANDS L1MITED PARTNERSHIP ASSOCfATES RESOLVED, that the undersigned members hereby adopt and approve the Agr~ment and Plan of Merger (the "Plan of Merger") by and between the Company and Greater HiIands Limited Partnership Associates, a Washington limited partnership (the "Partnership"), in the form attached hereto as Exhibit A, providing for the merger of the Partnership into the Company. RESOLVED, that the managers of the Company are each hereby authorized and empowered to execute the Plan of Merger in the name and on behalf oflhe Company, and to take any and all additional actions and to execute and deliver any and all additional documents, instruments and certificates as anyone of the managers of the Company may deem necessary or appropriate to comply with the terms and provisions of the Plan of Merger and to fully effect the merger contemplated therein, inCluding without limitation, the execution and delivery of Articles of Merger, in substantially the form attached hereto as Exhibit A-t, for tiling with the Secretary of State of the State of Washington. RESOLVED, that the undersigned acknowledge the right to dissent granted to members ofa limited liability company by Article XU of Chapter 25.15 RCW, a copy of which is attached hereto as Exhibit B, which provides, among other things, that a member is entitled to dissent from. and obtain payment of the fair value of the member'S interest in the event of consummation ot; a plan of merger to which the limited liability company is a party, and the undersigned members hereby waive such dissenters' rights and any notices required thereby with respect to the Plan of Merger and the transactions contemplated thereunder. CONSENT (JJ:.uoon.,..,n':lor.,l .,. 11m m 1m Dated: L..!..~V..!:"h:...:h~ 001 Dat~/ 2-~001 Dated: a6«iC g ,2001 CONSENT MorrisPiha ~/1/M~ Steven H, Miller STATE of WASHING'ION SECRETARY of STATE MAR 252005 RECEIVED I, SAM REED, Secretary of State of the State of Washington and custodian of its seal, hereby issue this CERTIFICATE OF FORMATION to GREATER HILANDS LLC a Washington Limited Liability Company filed for record in this office on the date indicated below. UBI Number: 602 125 393 Date: June 04,2001 Given under my hand and the Seal of the State of Washington at Olympia, the State Capital ~~ Sam Reed, Secretary of Sta~_955079_5 05 035 COMMERCIAL LEASE THIS COMMERCIAL LEASE ("Lease"), dated April 23, 2004, is made between _Greater Hilands LLC_ ("Landlord"), One New Man Ministry ("Tenant") and ("Guaranwr"), In consideration of the,mutual covenants in this Lease, Landlord and Tenant agree as follows: I. BASIC PROVISIONS AND DEFINITIONS. The following terms. whenever used in this Lease, with the first lener of each word capitalized, will have the meanings set forth in this Section, unless the context otherwise requires: 1.1 Premises. The leased portion of the property as shown on the floor plan attached as Exhibit A. The Premises are located on the real property legally described on Exhibit B. \ 1.2 Building Name and Address. Greater Renton Hilands Shopping Center 2830 NE Sunset -. &~ AJt:: Renton. W A 98056 .. 1.3 Tenant's Square Footage & Proportionate Share. Tenant's Square Fooiage is approximately 12,498 Tenant's Propcrtionate Share of the entire net leasable space in the property is agreed to be 13.34% of the entire center and 50.09% of Building C. 1.4 'Date of Execution. The date above written, which is the date of full execution hereof. 1.5 Conuneneement Date (Section 4) .. -May I, 2004 1.6 Teno (Section 3). The period beginning on the Commencement Date and ending June 30,2005. (which date shall be the last day of a month) ("Lease Term End Date"). 1.7 Minimum Rent for InItial (Section 7). May 1, 2004 -May 31, 2004 Free Base rent, Tenant still responsible for NNN charges June 1, 2004-June $4.00 per Sq ft NNN. Should the tenant pay on time the rent shall be $3.50 per Sq ft NNN 1.8 Rent Payment. Monthly, in advance on the fust calendar day of each month. 1.9 Deposits (Section 8). Rent Deposit $3646 Security Deposit $3646. 1.10 Landlord's Notice and Payment Address (Section 24.15). NOTICE: clo Morris Pilia Management Group, Inc. 3650 -131st A venue SE, Suite 205 Bellevue, WA98006-1334 Telephone (425) 643-8400 PAYMENT: c/o Mortis Piha Management Group, Inc. 3650 -131st Avenue SE, Suite 205 Bellevue, W A 98006-1334 Telephone (425) 643-8400 Lll Tenant's BiDing and Notice Address (Section 24.15). 2830 NE Sunset Blvd Renton. W A 98056 1.12 Guarantor's Address (Section 24.18). 1.13 Tenant's Trade Name (if any). One New Man Ministry 1.14 State of Organization of Tenant (if other than individual). 1.15 Permitted Uses under Lease (Section 5). Church, 1.16 Riders & Exhibits to the Lease (Section 24.20). Riders #: 28. Exhibit Letters: A & B -1- ENT PLANNING DEV!~W~'t,F RENTON MAR 252005 RECE'"ED • 2. PREMISES. Landlord hereby leases the r 'ses to Tenant and Tenant hereby leases the Prem rom Landlord, upon the terms and conditions set forth in this lease The Premises are a p:u L of the building which is situated at the Building Adaress as set out in Section 1.2. 3. TERM. Tenant leases from Landlord the Premises foi a lease term described in Section 1.6 (the "Lease Term"). Tbe Lease Term will begin on the Commencement date and end at midnight on the Lease Tenn End Date unless sooner tenninated or extended as provided elsewhere in this Lease. 4. POSSESSION. 4.1 Possession. Except as provided elsewhere in this Lease, Tenant will be entitled to possession of the Premises on the Commencement Date. 4.2 Delay or Possession. If Landlord, for any reason, cannot deliver possession of the Premises to Tenant upon the Commencement Date, this Lease shall not be void or voidable, nor shall Landlord be liable to Tenant for aoy loss or damage resulting from the delay, but there shall be a rent abatement covering the period between the Commencement Date and the time the Landlord delivers possession to tenant, and all of the terms and conditions of this Lease shall remain in fun force and effect. If Landlord does not deliver possession of the Premises to Tenant within 120 days after the Commencement Date (the "Delivery period"), Tenant may, at its option, cancel this Lease by written notice delivered to Landlord within the ten day period immediately succeeding the final day of the Delivery Period. If Tenant does not deliver such written notice to Landlord, within that ten-day period. Tenant's right w cancel this Lease will tenninate and be of no further force or effect. and the tenns and conditions of this Lease will remain in full force and effect, except that Tenant's rent abatement shall continue until the time Landlord delivers possession of the Premises to Tenant. 4.3 Early Possession. Landlord and Tenant may agree to Tenant's occupancy of the Premises prior to the Commencement Date. [f Tenant occupies the Premises prior to the Commencement Date, the occupancy will be subject to all provisions of this Lease. the occupancy shall not advance the termination date and Tenant shall pay rent throughout the period of early occupancy as set forth in Sections 7. 8 and 9 of this Lease. 4.4 Surrender of Premises. At the expiration or sooner termination of this Lease, Tenant shall return the Premises w Landlord in the same condition in which received. broom clean, reasonable wear and tear excepted. Tenant shall remove all personal property, trade flXtures, appliances and equipment ("Fixtures"). Where such removal will require structural changes or damage to the Premises Landlord will have the option to have same removeq,at Tenant's expense and under Landlord's supervision. Tenant shall also remove any and all alterations which Landlord designa~ to be removed pursuant to Section 10.4 below. and shall restore the Premises to A vanilla shell condition. If Tenaot has failed to}fIly pay' all amounts due under this lease, Landlord may, at Landlord's option, desigoate aoy or all Fixtures paid for by Tenant an~nsuiJie'd 6n the Premises as Landlord's payment in full or in part of any such unpaid amounts, and Tenant shall provide Landlord with /Bill of Sale correctly evidencing the transfer of ownership. If Tenant fails to remove any fixture. at Landlord's option. Tenant shall agree to designate and permit Landlord to remOve the same at Tenant's expense. Tenant shall return all keys to the Landlord within 12 hours following ~nation of this Lease or pay for the cost of new keys, if the Landlord so requires. Tenant's obligation to perform this covenant shan survive the expiration or termination of this Lease. Landlord may place and maintain "For Lease" signs in conspicuous places on the Premises for 180 days prior to the expiration or early tennination of this Lease, and reserves the right to enter any pan of the Premises during the same 180-day period to show the Premises to prospective tenants. S. USE. 5.1 Use. Tenant covenants that at all times during the Lease tenn and such other time as Tenant occupies the Premises. Tenant shall use the 'Premises for the Permitted Uses and for no other purposes without the prior written consent of Landlord, as set out in Section 1.15. 5.2 Uses Prohibited. Tenant shall not do or permit anything to be done in nor about the premises or bring or keep anything therein which will in any way increase or affect the existing rate of any fire or other insurance policy upon the Premises or the Building. or cause a cancellation of any such insurance policy covering said Premises, nor which will in any way obstruct or interfere with the right of other tenants or occupaots of the Building or injure or annoy them, nor shall the Tenant use or allow the Premises to be used for any improper, immoral. unlawful, objectionable or offensive purpose, nor shall Tenant cause, maintain or suffer or permit any nuisance in, on Of about the Premises. Tenant shall not commit or allow to be committed any waste in or upon the Premises and shall refrain from using or permitting the use of the Premises or any portion thereof as living quarters, sleeping quarters or for lodging purposes. Tenant shall not do or permit anything to be done in or about the Premises, nor bring or keep anything thereon that is or will constitute or create a hazardous waste or substance or violate aoy enviromnentallaw. Tenant will indemnify and hold the Landlord harmless from aoy aod all damages related to the Tenant's introduction to. or creation of, hazardous waste on the Premises. Tenant shall advise Landlord in writing immediately of any environmental concern related to Tenant's use and occupancy of the Premises brought to Tenant's attention by any private party or governmental agency or official. Landlord shall have the right to remedy any environmental problem and to conduct aoy environmental tests reasonably necessary to discover a hazardous waste or other environmental problem and Tenant shall be liable for all j)(Y1 -2-4126104 4:29 PM costs and expenses related to sur exist. '·ts or remedial action if a hazardous waste or envi ental problem caused by Tenant is found to 5.3 Building Codes and Zoning. Tenant has investigated all applicable building and zoning codes, regulations and ordinances to detennine whether Tenant's intended use of the Premises is pennitted. Based upon this investigation, Tenant accepts the Premises "as is"? subject to all applicable statutes, ordinances, rules and regulations governing Tenant's use of the Premises. Any and all expenses required to comply with all applicable statutes, ordinances, rules, regulations and requirements in effect during the Lease Term or part thereof regulating Tenant's use of the Premises will be borne exclusively by Tenant. Tenant agrees to comply with all such statutes, ordinances, rules and regulations throughout the Lease Term. 5.4 Condition of Premises. Tenant has inspected the plwnbing, lighting, air conditioning, heating, doors, windows, interior walls, flooring and all other elements of the Premises prior to execution of this Lease. Based upon that inspection, Tenant accepts the Premises "as is" in the absence of any material change in its condition prior to the Commencement Date or the date the Tenant takes possession of the Premises, whichever is earlier. Tenant acknowledges that neither Landlord nor Landlord's agent has made any representation or warranty as to the present or future suitability of the Premises for the conduct of Tenant's business 6, COMMON AREAS, 6.1 Areas. Landlord shall make available such areas and facilities for the common use of all tenants of the Building (including but not lintited to parking areas, driveways, truckways, delivery passages, truck·loading area, access and egress roads, walkways, and landscaped and planted areas)'as Landlord shall reasonably deem appropriate ("Common Areas"). The roof and exterior walls of the Building and the utility systems up to the exterior walls of the !'rentises are Common Areas. Landlord or its agents shall operate, manage, equip, light, repair, replace and maintain the Common Areas for their intended purposes in such manner as Landlord shall reasonably, in ilS sale discretion, determine. Landlord may, from time to time, change the size, location, nature and use of any Common Area, and make installations therein and move and remove the same, provided that Tenant's access to the Premises is not materially altered. All expenses in connection with the Common Areas are Operating Expenses for the purposes of Section 9 below. 6.2 Rights. Tenant and its employees, agents and invitees shall have the non-exc1usive right (in common with other tenants of the Building and Landlord) to use the Common Areas, subject to any Rules, as defIned in Section 18. Landlord's Rules may include the designation of specific areas in which cars owned by Tenant. its employees, agents and invitees must be parked. Landlord may at any time temporarily close any Common Areas due to construction, maintenance, repair.or changes to any part of the Building or the real property upon which the Building is located, with prior notice to Tenant. 6.3 Parking. Tenant shall be entitled 10 use, on a non·reserved basis, parking available to the Building. Tenant shall not at any time interfere with the rights of Landlord or of other tenants of the Building or other adjacent buildings or invitees of the same to use any of the parking areas. Twenty-four hour parking on the real property upon which the Prentises are located shall not be pennitted by Tenant, its employees, agents or invitees. 7. MINIMUM RENT. 7.1 Amount. During the Lease Term, Tenant agrees to pay to Landiord at Landlord's Payment Address or such other place as designated, the Minimum Rent, in the manner described in Section 7.2. 7.2 Rent Payment. The Minimum Rent for the Lease Term shall be paid in advance of the fIrst day of each calendar month of the Lease Term or any period prior or subsequent thereto while Tenant is in possession of the Premises. The Minimum Rent for any partial month shall be prorated based upon a 30-day month. The Minimwn Rent is exclusive of any sales, franchise, business and occupation or other tax based on rents. Should any such taxes apply during the term of this Lease, the Minimum Rent shall be increased by such areount. In the event percentage or other additional rent is payable by the Tenant under this Lease, it shall be paid in the manner and at the time set forth in the Riders attached hereto and by reference made a part of this Lease. All Minimum Ren~ Additional Rent (as hereinafter defined) and other amounts payable under this Lease shall be paid without deduction or offset. 8. FIRST MONTH'S RENT AND SECURITY DEPOSIT. 8.1 Deposits, As set out in Section 1.9, Tenant has paid Landlord the Rent DepOSit, which shall be credited to the payment of the frrst month's rent. Tenant has also deposited the Security DepoSit for the performance of all of the terms, covenants and conditions of this Lease and as additional consideration for entering into this Lease. Landlord shall not be required to keep the Security Deposit separate from its general accounts and Tenant shall not be entitled to interest on such deposit. Tenant may not apply the Security Deposit to the last month's rent ~ ~fYl ·3· 412~3:23PMl1:19 ArH 8.2 Applications on Default. If Te is in default under this Lease, Landlord may use t ~curity Deposit. or any portion thereof, to cure the default or to compensate Lanl>.vld for damages (including attorneys' fees) sustained U'j Landlord resulting from Tenant's default, including, but not limited to, the payment of rent and the cost of cleaning and/or repairing the Premises. Any payment to Landlord from the Security Deposi~ whether during the Lease Term or upon termination of this Lease, shaIl not be considered a payment of liquidated damages. Tenant shall, within ten days after written demand, deposit cash with Landlord in an amount sufficient to restore the Security Deposit to the full amount provided in this Lease, and Tenant's failure to do so shall be a material breach of this Lease. If Tenant is not in default at the expiration of the Lease Term and after Tenant has vacated the Premises, Landlord shall return the Security Deposit (less any amounts deducted by Landlord that Tenant bas not restored pursuant to this Section 8.2 and less any amounts used by Landlord to restore the Premises to the condition required in Section 4.4) within 45 days of the latter of such ~xpiration of this Lease or vacation of the Premise. No ttust relationship is created between Landlord and Tenant with respect to the Security Deposit 9. OPERATING EXPENSES. 9.1 Net Lease. The purpose of this Section 9 is to insure that, in addition to Minimum Ren~ Tenant pays its Proportionate Share of all expenses relating to the use, maintenance, ownership, repair and insurance of the Premises, except costs specifically assumed by Landlord according to other terms of this Lease. 9.2 Direct Expense. The expenses listed in this Section 9.2 ("Direct Expenses" ) are to be paid directly by Tenant: 9.2.1 Utilities and Building Services. Tenant agrees to pay before delinquency and at its sole cost and expense, all charges for utilities and building services supplied to the Premises including, without limitation, water, electricity, gas, sewer, waste disposal, security, beating, ventilating, and air conditiOning, dnoughout the full Lease Term. Landlord shaIl not be liable for the failure of any of these services for any reason whatsoever. If charges for any or all of such utility services are charged for the Building as a whole, Tenant agrees to pay, upon demand, Tenant's Proportionate Share of such charges. If charges for any or all of such utility or building services are charged for a larger space containing the Premises, Tenant agrees to pay upon demand a share of any such charges based on the proportion that the square footage of the Premises bears to such larger space or a share determined by Landlord based upon Landlord's estimate of Tenant's consumption relative to other Tenant's sharing such utilities or building services. 9.2.2 Insurance Procured by Tenant. Throughout the Lease Term and any other period(s) of occupancy of the Premises by Tenant, Tenant shall, at Tenant's expense, obtain and maintain the following insurance policies, naming as additional insureds, the Landlord, Morris Piha Management Group, [nc. and Landlord's lender, as instructed by Landlord: (a) Liability Insurance. A commercial general liability insurance policy providing coverage for bodily injury liability, property damage liability and personal injury liability with minimum limits of not less than $1,000,000 Combined Single Limit per accident ahd $2,OOO,(X){i General Aggregate. Such insurance policies shall include Blanket Contractual Liability and Owners and Conttactors Protective endorsements. Landlord may increase or decrease the required limit as it deems necessary based upon periodic insurance reviews. The insurance required by this Section shall be on an occurrence basis, and underwritten by an acceptable insurer licensed to do business in the State of Washington. If Tenant is unable to obtain this insurance on an occurrence basis, it may be on a claims-made basis provided that, in addition, Tenant. at Tenant's expense, obtains an owner's protective policy, issued in the name of Landlord only, which is on an occurrence basis for the limits required by this Section 9.2.2(a). This insurance shall be written as a primary policy not contributing with and not in excess of coverage which Landlord may canty. (b) Personal Property Insurance. A special form policy of property insurance (or the equivalent) covering all Tenant's personal property, including but not limited to Tenant's furniture, fixtures, leasehold improvements, equipment and inventory, in the amount of its full replacement costs. Such property insurance coverage shall at a minimum insure against loss resulting from ftre, lightning and extended or broad form perils. Landlord sbaIl be named as Loss Payee as its interest may appear in tenant improvements and bettennents. (c) Business Interruption and Plate Glass Insunll'l:ce. Business interruption insurance in an amount sufficient to protect Tenant against any additional costs and lost income associated with a move to temporary space due to a business interruption. In addition, plate glass insurance in an amount sufficient to replace windows in the Premises in the event of breakage. Tenant shall obtain the insurance required by this Section 9.2.2 from companies reasonably acceptable to Landlord licensed to do business in the State of Washington. Before occupying the Premise, Tenant shall deliver to Landlord, or Landlord's agent, a copy of the insurance policies required by this Section 9.2.2, or certificates evidencing the existence and amount of such insurance. If required by Landlord, or Landlord's agen~ Tenant shaIl deliver the original policy to Landlord's lender. Not later than ten days before expiration of these policies, the Tenant shaIl deliver to Landlord evidence that insur"jj~d1:1 4-4/26/O4¥11OO 3:23 PM . Section 9.2.2 has been nued. The policies shall not be cancelable or sub; ) reduction of coverage until after 30 days prior written notice to LalUJiord, or its Agent, and Landlord's lender, if any. If 'lenant fails to maintain the required insurance, Landlord may, but it is not required to, procure the same at Tenant's expense. 9.2.3 Personal Property Taxes. Tenant shall pay, before delinquency, any and all taxes levied or assessed and payable during the Lease Term upon all Tenant's equipment, furniture. fIxtures and any other personal property located on the Premises. If any of the same are assessed or taxed with the building or real property upon which the Building is located, Tenant shall pay Landlord the amount of such taxes within ten days after receipt of a written statement setting forth the amount of such taxes that Landlord has determined to be attributable to Tenant's personal property. 9.2.4 Licenses and Taxes. Tenant shall be liable for, and shall pay throughout the Lease Tenn, all license and excise fees and occupation taxes covering the business conducted on the premises. If any governmental authority or unit under any present or future law effective at any time dUring the Lease Term shall in any manner levy a tax on rents payable under this Lease or rents accruing from use of the premises or a tax in any form against Landlord because of, or measured by, income derived from the leasing or rental of said property, such tax shall be paid by Tenan~ either directly or through Landlord, and upon Tenant's default therein, Landlord shall have the same remedies as upon failure to pay Minimum Monthly Rent. It is understood and agreed, however, that Tenant shall not be liable to pay any net income tax imposed on Landlord unless, and then only to the extent that, the net income tax is a substitute for real estate taxes. 9.3 Additional Rent. Tenant shall pay as additional rent ("Additional Rent") in the manner set forth in Section 9.4, Tenant's Proportionate Share of the following expenses 9.3.1 Insurance Procured by Landlord. Throughout the Lease Term, Tenant's Proportionate Share of the following insurance policies, obtained and maintained by Landlord, insuring the Landlord and Landlord's lender or any other insurance that Landlord may deem necessary, including but not limited to earthquake and flood insurance. (a) Liability Insurance. A commercial general liability insurance policy providing coverage for bodily injury liability, property damage liability and personal injury liability with in such amounts and with such endorsements as Landlord may reasonably determine from time to time. (b) Fire and Casualty Insurance. A frre and casualty insurance policy with extended coverage endorsements for the full replacement value of the Premises as the Landlord may reasonably detennine from time to time. (c) Boiler and Rental Loss Insurance. Boiler interruption and rental loss insurance in an amount sufficient to protect Landlord from any loss of rental income resulting from boiler failure or any other reason. 9.3.2 Real Property Taxes and Assessments. Tenant's Proportionate Share of all real property taxes and general and special assessments levied and assessed against the Building improvements on·the land of which the Premises are a part. Each year Landlord shall notify Tenant of Landlord's calculation of Tenant's Proportionate Share of the real property taxes and assessments. Tenant shall pay Tenant's Proportionate Share of said taxes or assessments in the manner set forth in Section 9.4. Upon written request, Landlord will furnish Tenant with a copy of the Tax assessment bill. Landlord may require from Tenant, upon reasonable written notice from Landlord, a payment of the Tenant's Proportionate Share of such real property taxes andlor assessments to Landlord on a periodic basis. If this Lease commences or terminates other than on January 1 and December 31 respectively, taxes and assessments payable shall be prorated in the frrst and last calendar years of the Lease Term. 9.3.3 Conunon Area Expenses. To the extent not covered by other provisions of this Lease, Tenant shall pay Tenant's Proportionate Share of the following costs associated with Common Areas of the Building in the manner set forth in Section 9.4: (a) All real estate taxes, including assessments, all insurance costs, all sprinkler, fire, life safety systems, utility costs and all other costs to maintain, repair and replace common areas (including common area signage), parking lots, sidewalks, driveways and other areas used in common by the tenants of the Building (including, but not limited to HV AC, signs and parking), as well as personal property used in common by the tenants of the Building. (b) All costs to supervise and administer the Common Areas, parking lots, driveways and other areas used in common by the tenant or occupants of the Building. The costs shall include such fees as may be paid to a third party, including management fees in connection with the same and shall include, in additio~. a fee to Landlord to supervise and administer the sarne in an amount equal to 15 percent of the total costs of Subsection (a) and (b). -5· (c) Any parking jes, utility subcharges, or any other costs levied, , ",d or imposed by or at the direction of, or resulting from statutes or regulations, or interpretations thereof, promulgated by any governmental authority in coqnection with the use or occupancy of the Premises or the parking facilities serving the Premises. 9.3.4 Payment in Lieu of Actual Costs. In lieu of the actual cost of replacing the roof of the Building, replacing or repaving parking areas and drive aisles, and repainting all or substantially all of the Building, Tenant shall pay Landlord each month during the Lease Term an amount equal to 2 percent of the applicable Minimum Rent.. 9.4 Payment of Additional Rent Tenant shall pay Additional Rent described in Section 9.3 or elsewhere, in the manner set forth herein: 9.4.1 Additional Monthly Rent. On the Commencement Date or as soon as possible thereafter, Landlord shall submit to Tenant a statement of the estimated total Additional Rent owed by Tenant under Section 9.3 for the period from the Commencement Date to the end of the calendar year. Tenant shall pay such estimated Additional Rent in monthly payments equal to the amount of the Additional Rent divided by the number of full months remaining in the period from the Commencement date to the end of the calendar year (the "Additional Monthly Rent"). The Additional Monthly Rent shall be paid concurrently with the monthly payment of the Minimum rent and shall be adjusted as provided in Section 9.4.2 herein. 9.4.2 Adjustments Statement. By March 1 of each year of the Lease Term, Landlord shall endeavor to provide Tenant with a statement showing the actual Additional Rent for the prior calendar year (the "Adjustments Statement"). If the total of the Additional Monthly Rent payments which Tenant has made for the prior calendar year is less than Tenant's Proportionate Share of the actual Addjtional Rent for such period, Tenant shall pay within ten days after receipt of the Adjustments Statement, an amount equal to (i) the deficiency for the previous calendar year, plus (ti) the deficiency due to Additional Monthly Rent payments made in the current calendar year prior to such Additional Monthly Ren[ being adjusted as set forth in Section 9.4.3. Failure of Landlord to submit Adjustment Statements shall not be deemed to be a waiver of Tenant's obligation to pay sums as required by this Section 9.4. 9.4.3 Adjustment of Additional Monthly Rent. The amount of Additional Monthly Rent owing in the current calendar year shall be adjusted concurrently with Landlord's provision of the Adjustments Statement to Tenant. Taking into account the actual amount of the Additional Rent for the previous calendar year, Landlord shall subntit [0 Tenant as part of the Adjustments Statement (i) an estimate of the total Additional Rent for the current calendar year and (ti) the adjusted Additional Monthly Rent amount based on such estimate. 9.4.4 Deficiency/Overpayment. Even though the term has expired and Tenant has vacated the Prentises, wben the fmal determination is made of Tenant's Proportionate Share of the Additional Rent for the year in which the Lease tenninates, Tenant shall immediately pay any defiCiency between the total of the Additional Monthly Rent payments made and the actual Additional Rent due. Any overpayment made shall be immediately rebated by Landlord to Tenan~ provided there are no outstanding rentS or charges due. This provision shall survive termination of this Lease. 9.45 Tenant Audit. Tenant may bave performed an audit of the amount or the calculation of the Additional Ren~ provided that (a) TenW1t shall have no right to have such an audit performed for any Additional Rent unless Tenant provides notice of Tenant's intention to do so within 60 days of the date that Tenant receives the Adjusunents Statement related to such Additional Rent, (b) any such audit shall be at Tenant's sale cost and expense, (c) the audit shall be performed by a recognized independent accounting firm that is not being compensated on a contingency fee basis, and (d) the audit shall not unreasonably interfere with the business of Landlord or its agent, 10. MAINTENANCE, REPAIRS AND ALTERATIONS. 10.1 Landlord's Obligations. Landlord shall maintain and repair the foundations, exterior walls (excluding Paint) and the roof structure (excluding the roof membrane) of the Building, Except as otherwise required by Section 13 regarding subrogation, if any of this maintenance and/or repair is required in whole or in part because of the negligence or willful misconduct of Tenant, its agents or invitees, Tenant shall pay to Landlord the reasonable cost of the repairs. Except as provided by Section 14 regarding reconstruction, there shall be no abatement of rent, and no liability of Landlord, due to any injury or interference with Tenant's business alising from Landlord's performance of any maintenance or repair whicb it is required or permitted to perform, Tenant waives any right which it may bave under any current or future law or ordinance to make repairs at Landlord's expense. 10.2 Tenant's Obligations. Tenant shall. at Tenant's sole cost and expense, keep in good condition and repair all portions of the Premises not required to be maintained by Landlord under Section 10.1. including, without lintitation, the maintenance, repair and replacement of any storefront, all interior walls or partitions and interior portions of exterior walls, doors, exterior and interior glass and window casements, roof covering (but not roof structure) and all utility systems within the Prentises including heating, ventilation and air conditioning systems ("HV AC"). Tenant shall, upon expiration or sooner termination of this Lease, surrender the Premises to Landlord in g~and -6-412~~....L clean condition, ordinary wear , ~ed. Any damage to adjacent premises caused by nt's use of the Premises shaII be repaired at the sole cost and expense of Tenam. If Tenant fails to perfonn the maintenance, repair or replacement required by this Section 10.2 or to surrender the Premises in the condition required by this Section, Landlord shaII have the righ~ but not the obligation, to perform the necessary work at Tenant's expense, and Tenant agrees to reimburse all costs incurred by Landlord. Landlord shall have the right to con~ct for such services as HV AC maintenance and bill Tenant for cost for such service. 10.3 Governrn~nt Repairs. In the event any governmental agency requires major repairs or modifications to be made to the Premises, which repairs are the obligation of Landlord and canno~ in Landlord's judgmen~ be justified by the Minimum Ren~ the Landlord shall have the right to cancel and terminate this Lease by giving Tenant 90 days written notice. Major repairs for purposes of this Section shall be repairs or modifications with a cost exceeding six months' Minimum Rent under this Lease. However, Tenant may elect in writing within 15 days of Tenant's receipt of the 90 days notice of cancellation from Landlord to make these repairs at its sole cost and expense, in which event this Lease shall remain in full force and effect. 10.4 Alterations and Additions. Tenant shall not make or perntit any alteration, addition or improvement to the Premises without the prior wrinen consent of Landlord. Tenant shall pay any and all costs incurred by Landlord in reviewing and evaluating any request for the consent required by this section. Any alteration, addition or improvement consented to by Landlord shall be made in a good workmanlike manner at Tenant's sole cost and expense and shall comply with all applicable laws, codes, ordinances, rules and regulations. All alterations, additions or improvements (including but not limited to wall and window covering, paneling and built-in cabinet work, but excluding movable furniture and trade fixtures) shaII at once become a part of the Premises belonging to the Landlord and shaII be surrendered with the Prer,ruses at the expiration of this Lease unless Landlord demands their removal as set forth below. Upon expiration or sooner termination of the Lease Tenn, Tenant shall, at Tenant's sole cost and expense, with all due diligence, remove t1!ly alterations, additions or improvements made by Tenant and designated by Landlord to be removed; provided Landlord gives Tenant not less than 30 days advance written notice prior to tennination of this Lease. Tenant shall, at its sole cost and expense, repair any damage to the Premises caused by such removal. If Tenant fails to remove any such alterations, additions or improvements, Landlord may do the same at Tenant's expense .. 11. LIENS. 11.1 Liens. Tenant shall keep the Premises free from any liens arising out of any work performed, materials furnished or obligations incurred by Tenant, and agrees to hold Landlord bannless from the same. Landlord may require, at Landlord's sole option, that Tenant provide, at Tenant's sole cost and expense, a materialman's labor and perfonnance bond acceptable to landlord in an amount equal to one and one- half times the estimated cost of any improvements, additions or alterations to the Premises which the Tenant desires to make, to insure Landlord against any liability for mechanics' and materialmen's liens, and to insure completion of the work. 11.2 Encumbrances. The Tenant shall not cause or suffer to be placed, flied or recorded against the title to the Premises, the Building, or any part thereof, or against Tenant's leasehold interest in the Premises any mortgage, deed of trust, security agreemen~ financing statement or other encumbrances. Further, in no event shall Tenant lien or mongage any leasehold improvements, alterations, additions or improvements thereto, except trade fIxtures, appliances and equipment which are owned by Tenant and which are not, and which do not become a part of the Premises. The fonn of any such mongage, deed of trust or other security agreement or financing statement which includes a legal deScription of the Premises or the Building shaII be subject to Landlord's prior written approval, which approval shaII be subject to such conditions as the Landlord may deem appropriate. 12. HOLD HARMLESS. Tenant agrees to indemnify and hold Landlord and its agents hannless from any and all claims arising from the use of the Premises by Tenant, its agents and invitees, from the conduct of Tenant's business, or from any activity, work or things done or permitted to be done by Tenant, its agents and invitees on the premises or elsewhere. Tenant further agrees to indemnify and hold Landlord and its agents harmless from any and all claims arising from, in connection with, or related to any default by Tenant in the perfonnance of its obligations under this Lease, or any act. omission or neglect of Tenant, its agents or invitees. Tenant further agrees to indemnify and hold Landlord and its agents harmless from all costs (including but not limited to attorney's fees) incurred by Landlord in connection with its defense against any claim made against the Landlord as to which Tenant is required to indemnify Landlord pursuant to this Section. Tenant shaII give prompt notice to Landlord of any casualty or accident in the Premises Upon notice by Landlord, Tenant, at Tenant's expense, shall defend Landlord, through counsel reasonably satisfactory to Landlord, in any action or proceeding brought against Landlord by reason of any such claim. Tenant further assumes all risk of, and waives and releases all claims against Landlord for any damages to person or property sustained by Tenan~ or any person claiming through Tenant, which damage results from any accident or occurrence in or on the Premises from any cause whatsoever. 13. SUBROGATION. Neither Landlord nor Tenant shaII be liable to the other or to any insurance company (by way of subrogation or otherwise) insuring the other party for any loss or damage to any building, structure or other tangible property, or any resulting loss of income, or losses under worker's compensation laws and benefits, even though such loss or damage might have been occasioned by the negligence of such Part~: i1F -7-4t2~Ql or employees if any such loss or damage if by insurance pursuant to this Lease. 14. RECONSTRUCTION. 'Ced by insurance benefiting the party suffering Sl ,ss or damage or was required to be covered 14.1 Elfect of Insured Loss. Except as provided below. if the Premises are damaged by fire or other cause covered by Landlord's property insurance, Landlord agrees to repair the same, and this Lease shall remain in full force and effect. 14.2 Landlord's Options. Landlord shall have the option either to repair or rebuild the Premises or to terminate this Lease if the Premises or any portion of the Building is damaged if: (a) The damage results from any cause not covered by Landlord's insurance; (b) Insurance proceeds are insufficient to fully pay for repair and restoration; (c) The cost to repair exceeds 25 percent of the then complete replacement cost of the Premises and the Building; (d) The repair or restoration, in Landlord's opinion, cannot be completed within six months of the damage; or <eJ The damage occurs during the last 12 months of the Lease Term. Landlord sball exercise its option to terminate this Lease by giving to Tenant. at any time within 60 days after the damage, written notice of its election to terminate this Lease as of the date specified in the notice. The termination date shall not be less than 30 nor more than 60 days after the date of notice. If Landlord fails to give notice within the 60 days, it shall be deemed to have elected to repair or restore the damage. If Landlord terminates this Lease as provided by this Section 14.2, this Lease shall automatically terminate on the date specified in Landlord's notice. Neither party shall have further liability to the other, except for obligations which were accrued and unpaid as of the date of termination specified in Landlord's notice, and except that Landlord shall return any unused balance of the Security Deposit to Tenant. 14.3 Rent Abatement. This Lease shall remain in full force and effect if Landlord elects to repair the damage, or until the termination date specified in the notice of termination, as applicable, except that the Minimum Rent and any Additional Rent shall be proportionately abated from the date of damage until the repairs are completed, or until the specified termination date, as applicable. Such proportionate abatement shall be based upon the extent to which the damage materially interferes with the business carried on by Tenant in the Premises. 14.4 Tenant's Repair Obligations. Landlord shall not be required to repair or replace any leasehold improvements, fixtures or other personal property of Tenant, all of which shall be repaired or replaced promptly by Tenant. 15. EMINENT DOMAIN. 15.1 Total or Partial Taking. If any portion of the Premises is taken or appropriated by any public or quasi·public authority under the power of eminent domain, or is purchased by the condemnor in lieu of condemnation pr?Ceedings, either party shall have the right to tenninate this lease upon 30 days written notice given to the other party within 60 days after the date that possession is surrendered to the condemnor. If neither party elects to terminate, the Minimum Rent and any Additional Rent thereafter to be paid shall be equitably reduced. If any part of the Building other than the Premises is so taken or appropriated, or is purchased by the condemned in lieu thereof, Landlord shall have the right at its option to terminate this Lease upon 30 days written notice to Tenant given within 60 days after the date that possession is surrendered to the condemnor. 15.2 Damages. Landlord reserves all rights to the entire damage award or payment for any taking by eminent domain and Tenant shall make no claim whatsoever against Landlord for damages for termination of its leasehold interest in the Premises or for interference with its business. Tenant hereby grants and assigns to Landlord any right Tenant may now have or hereafter acquire to damages related to any taking by eminent domain and agrees to execute and deliver such further instruments of assignment thereof as ~dlord may from time to time request. Tenant shall, however, have the right to claim from the condemning authority all compensation that may be recoverable by Tenant on account of any loss incurred by Tenant in removing Tenant's merchandise, furniture, trade ftxtures and equipment or for damage to Tenant's business provided, however, that Tenant may claim s'uch damages only if they are awarded separately in the eminent domain Proceeding and not as part of Landlord damages. 16. ASSIGNMENT AND SUBLETTING. 16.1 Restriction. Tenant shall not, without the prior written consent of Landlord: ·8· <a) Voluntarily, involunta r by operation of law, assign, transfer, mortgage, , ;e, hypothecate or otherwise encumber this Lease, or any interest in It, or any right or privilege appurtenant to it; (b) Sublet all or any part of the Premises; or (c) Allow any other person, except the agents and invitees of Tenant, to occupy or use any portion of the Premises. Landlord's consent may be withheld in Landlord's discretion. In determining whether to consent to any assignment, transfer, encumbrance or subletting, Landlord may consider any commercially reasonable basis for approving or disapproving any such request, including, without limitation, the following: (i) the experience or business reputation of the proposed ttansferee. (ii) whether the use clientele, personnel or foot traffic that wiH be generated by the proposed transferee is consistent, in Landlord's opinion, with the businesses of other tenants of the Building at the time of the proposed transfer, and (iii) notwithstanding that Tenant and others would remain liable upon transfer, whether the proposed transferee has a net worth and financial strength and credit record satisfactory to Landlord. Any assignment. transfer, encumbrance, subletting or use without Landlord's consent shall be void and shall, at the option of Landlord. constitute a material default under this Lease. An assignment or sublease consented to by Landlord shall not be binding upon Landlord unless the assignee or subtenant delivers to Landlord: <a) An original executed assignment or sublease; <b) Any collateral agreements; and (c) An instrument containing said assignee's or sublessee's assumption of all of the obligations of the Tenant under this Lease, in fonn and substance satisfactory to Landlord. The assignee's or sublessee's failure to execute such a covenant shall not waive, release or discharge the assignee or sublessee from its liability for the perfonnance of the Tenant's obligations under this Lease. Regardless of Landlord's consent, no subletting or assignment shall release Tenant or Guarantor of their obligations or alter the primary liability of Tenant to pay rent and to perfonn all the obligations of the Tenant under this Lease. 16.2 Costs. Tenant shall reimburse Landlord and Landlord's agent for all anorney's fees and other costs incurred by Landlord in connection with the review of and preparation of documents incident to any request by Tenant for Landlord's consent. Each request for Landlord's consent shall be accompanied by a deposit in the amount of $200 to be applied to such costs . 16.3 Included Transfers, If Tenant is a corporation, partnership, limited liability company or other entity, any transfer of this Lease by merger, consolidation, reorganization or dissolution shall constitute a transfer for the purposes of this Section. If Tenant is such an entity, any change in the ownership of, or power to vote, a percentage of Tenant's now-outstanding stock or ownership interest which results in a change of controlling persons, or any transfer of all or substantially all the assets of Tenant shall constitute a transfer for the purposes of this Section. If Tenant is a partnership, any partial or total withdrawal of any of the present general partners, and any transfer by a general partner of all or part of his partnership interest shall constitute a transfer for the purposes of this Section. 16.4 Judiclally Imposed Assignment. If the non·assignment provisions of this Section are deemed to be unenforceable in any bankruptcy proceeding, Landlord and Tenant agree that a showing of adequate assurance of future performance by a prospective assignee of this Lease must include. without limitation, clear and convincing evidence that: (a) landlord will receive the full benefit of each and every term of its bargain in this Lease, except for the non-assignment and related termination clauses; (b) The Premises will continue to be used solely for the use pennitted by this Lease; (c) A judicially imposed assignment will not cause an acceleration or increase in the interest rate on, or fees in connection with, any indebtedness of Landlord secured by Landlord's interest in the building or this !.ease; and (d) The prospective assignee has the means. expertise and experience to operate the business to be conducted upon the Premises in a first-class manner. 16,5 Assignment by Landlord, If Landlord shall assign its interest under this Lease or transfer its interest in the Premises, Landlord shall be relieved of any obligation accruing hereunder after such assignment or transfer, and such transferee shall thereafter be deemed to be the Landlord under this Lease. Landlord may transfer Tenant's Security Deposit to such transferee-and Tenant shall look solely to the transferee for the return of such deposit. . ~ -9-412~3 PMlI,19 YI · 17. DEFAULT. 17.1 Events of DeCault. The following events are referred to, collectively, as "Events of Default" or, individually, as an "Event of Default": (a) Tenant defaults in the due and punctual payment of rent or Additional Rent, and such default continues for three days after written notice from Landlord; however, Tenant will not be entitled to more than one written notice for monetary defaults during any 12 month period, and if after such written notice any rent or Additional Rent is not paid when due, an Event of Default will be considered to have occurred without further notice; (b) Tenant vacates Of abandons the Premises or fails to operate its business on the Premises: (c) This Lease or the Premises or any part of the Premises are taken'upon execution or by other process of law directed against Tenant, or are taken upon or subject to any attachment by any creditor of Tenant or claimant against Tenant, and said attachment is not discharged or disposed of within 15 days after its levy; (d) Tenant files a petition in bankruptcy or insolvency or for reorganization or arrangement under the bankruptcy laws of the United States or under any insolvency act of any state, or admits the material allegations of any such petition by answer or otherwise, or is dissolved or makes an assigrunent for the benefit of creditors; (e) Involuntary proceedings under any such bankruptcy law or insolvency act or for the dissolution of Tenant are instiruted against Tenant. or a receiver.or trustee is appointed for all or substantia1ly all of the property of Tenant. and such proceeding is not dismissed or such receivership or trusteeship vacated within 60 days after such institution or appointment; or (f) Tenant makes, causes to be made or suffers to exist on the Premises noise of any type (including music) that. in the opinion of Landlord. could reasonably be expected to interfere with the rights of quiet enjoyment of other tenants in the Building or in the complex of which the Premises are a pan. and such default continues or occurs for ten days after written notice from Landlord; however, Tenant will not be entitled to more than one written notice of such defaults during any 12 month period, and if after such written notice a default under this provision exists or occurs, an Event of Default will be considered to have occurred without further notice .Notwithstanding, this subsection (f) shall not apply to church praise and worship noise or music. (g) Tenant breaches any of the other agreements, terms, covenants, or conditions that this Lease requires Tenant to perfonn, and .such breach continues for a period of 30 days after written notice from Landlord to Tenant or, if such breach cannot be cured reasonably within such 3D-day period, if Tenant falls to diligently commence to cure such breach within 3D days after written notice from Landlord and to complete such cure within a reasonable time thereafter (but not to exceed 90 days), 17.2 Landlord's Remedies. If anyone or more Events of Default set forth in Section 17.1 occur, then Landlord has the right, at its election: (a) To give Tenant written notice of Landlord's intention to terminate this Lease on the earliest date permitted by law or on any later date specified in such notice, in which case Tenant's right to possession of the Premises will cease and this Lease will be tenninated, except as to Tenant's liability, as if the expiration of the term fixed in such notice were the end of the term; (b) Without further demand or notice, to reenter and take possession of the Premises or any part of the Premises, repossess the same, expel Tenant and those claiming through or under Tenant. and remove the effects of both or either, using such force for such purposes as may be necessary. without being liable for prosecution, without being deemed guilty of any manner of trespass, and without prejudice to any remedies for arrears of monthly rent or other amounts payable under this Lease or as a result of any preceding breach of covenants or conditions; or (c) Without further demand or notice to cure any Event of Default and to charge Tenant for the cost of effecting such cure, including without limitation reasonable attorneys' fees and interest on the amount so advanced at the rate of 15 percent per annum, provided that Landlord will have no obligation to cure any such Event of Default of Tenant. Should Landlord elect to reenter as provided in Section 17.2(b), or should Landlord take possession pursuant to legal proceedings or pursuant to any notice provided by law, Landlord may, from time to time, without terminating this Lease, relet the Premises or any part of the Premises in Landlord's or Tenant's name, but for the account of Tenant, for such tenD or tenns (which may be greater or less than the period that would otherwise have constituted the balance of the term) and on such conditions and upon such other terms (which may include concessions of free rent and alteration and repair of the Premises) as Landlord, in its reasonable discretion, may detennine, and Landlord may collect and receive the rent. Landlord will in no way be responsible or liable for any failure to relet the Premises, or any part of the Premises, or for any failure to collect any rent due upon such retetting. No such reentry or taking possession of the Premises by Landlord will be construed as an election on Landlord's part to tenninate this Lease unless a written notice of such intention is given to Tenant. No written notice from Landlord under this Section 17.2 or under a forcible or unlawful entry and detainer statu;:m:llaW ·10· 4J2~ will constitute an election by Lar. : to tenninate this Lease unless such notice specit / so states. Landlord reserves the right following any such reentry or reletung to exercise its right to terminate this Lease by giving Tenant such written notice, in which event this Lease will tenninate as specified in such notice. 17.3 Certain Damages. In the event that Landlord does not elect to tenninate this Lease as pennitted in Section 17.2(a), but on the contrary elects to take possession as provided in Section 17.2(b), Tenant will pay to Landlord monthly rent and other sums as provided in this Lease that would be payable under this Lease if such repossession had not occurred, less the net proceeds,.if any, of any reletting of the Premises after deducting all of Landlord's reasonable expenses in connection with such reletting, including without lim!tation all repossession costs, brokerage conunissions, attorneys' fees, expenses of employees, alteration and repair costs, and expenses of preparation for such reletting. If, in connection with any reletting, the new Lease term extends beyond the existing term, or the Premises covered by such new lease include other Premises not part of the Premises, a fair apportionment of the rent received from such reletting and the expenses incurred in connection with such reletting as provided in this Section will be made in determining the net proceeds from such reletting. and any rent concessions will be equally apportioned over the term of the new lease. Tenant wil1 pay such rent and other sums to Landlord monthly on the day on which the monthly rent would have been payable under this Lease if possession had not been retaken, and Landlord will be entitled to receive such rent and other sums from Tenant on each such day. 17.4 Continuing Liability After Tennination. If this Lease is terminated on account of the occurrence of an Event of Default, Tenant will remain liable to Landlord for damages in an amount equal to monthly rent and other amounts that would have been Owing by Tenant for the balance of the term, had this Lease not been terminated, less the net proceeds, if any, of any reletting of the Premises by Landlord subsequent to such tennination, after deducting all of Landlord's expenses in connection with such relelting, including without limitation the expenses enumerated in Section 17.3. Landlord will be entitled to collect such damages from Tenant monthly on the day on which monthly rent and other amounts would have been payable under this Lease if this Lease had not been tenninated, and Landlord will be entitled to receive such monthly rent and other amounts from Tenant on each such day. Alternatively, at the option of Landlord, in the event this Lease is so tenninated, Landlord will be entitled to recover against Tenant as damages for loss of the bargain and not as a penalty: (a) The worth at the time of award of the unpaid rent that had been earned at the time of termination; (b) The worth at the time of award of the amount by which the unpaid rent that would have been earned after termination until the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided; (c) The worth at the time of award of the amount by which the unpaid rent for the balance of the term of this Lease (had the same not been so terminated by Landlord) after the time of award exceeds the amount of such rental loss that Tenant proves could be reasonably avoided; and (d) Any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perfonn its obligations under this Lease or which would be likely to result therefrom. The "worth at the time of award" of the amounts referred to in (a) and (b) above is computed by adding interest at the interest rate of 15 percent per annum from the Termination Date until the time of the award. The "worth at the time of award" of the amount referred to in (c) above is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco, at the time of award plus I percent. . 17.5 Cumulative Remedies. Any suit or suits for the recovery of the amounts and damages set forth in Sections 17.3 and 17.4 may be brought by Landlord, from time to time, at Landlord's election, and nothing in this Lease will be deemed to require Landlord to await the date upon which this Lease or the term would have expired had there occurred no Event of Default. Each right and remedy provided for. in this Lease is cumulative and is in addition to every other right or remedy provided for in this Lease or now or after the Lease date existing at law or in equity or by statute or otherwise, and the exercise or beginning of the exercise by Landlord of anyone or more of the rights or remedies provided for in this Lease or at law, in equity or by statute or otherwise will not preclude the simultaneous or later exercise by Landlord of any or all other rights or remedies provided for in this Lease or at law, in equity or by statute or otherwise. All costs incurred by Landlord in collecting any amounts and damages owing by Tenant pursuant to the proviSions of this Lease or to enforce any provision of this Lease, including reasonable attorneys' fees from the date any such matter is turned over to an attorney, whether or not one or more actions are commenced by Landlord, will also be recoverable by Landlord from Tenant. 17.6 Waiver or Redemption. Tenant waives any right of redemption arising as a result of Landlord's exercise of its remedies under this Article 17. 17.7 Late Charges. Tenant acknowledges that late payment by Tenant to Landlord of rent and other sums due under this Lease will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. These costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed on Landlord by th~S of ·11· 4/2~~~ any mortgage or deed of trust c( g the Premises. Accordingly, if any installment ( t or other sums due from Tenant shall not be received by Landlord or Landlord'S agent within five days after the amount shall be due or if payment is made with a check that is returned for lack of sufficient funds, then without any requirement of notice to Tenant, Tenant shall pay to Landlord a late charge equal to the greater of 10 percent of the delinquent amount or $75, plus 1 percent per month interest on the delinquencies from the date due until payment. The parties agree that this late charge plus interest represents a fair and reasonable estimate of the cost landlord will incur by reason of late payment by Tenant. Acceptance of the late charge by Landlord shall in no event constitute a waiver of Tenant's default with respect to the overdue amount, nor prevent Landlord from exercising any of the other rights or remedies granted to Landlord under this Lease, or at law or equity. 17.8 Defanlt by Landlord. Landlord shall not be in default unless Landlord fails to perform obligations required of Landlord within a reasonable time, but in any event 30 days after written notice by certified mail by Tenant to Landlord and to the holder of any ftrst mortgage or deed of trust covering the Premises whose name and address shall have theretofore been furnished to Tenant in writing. Said notice shall specify wherein Landlord bas failed to perform sucb obligation; provided, however. that if the nature of Landlord's obligation is such that more than 30 days are required for performance. then Landlord sball not be in default if Landlord commences performance within such 30-day period and therealter diligently prosecutes the sarne to completion. Tenant further agrees not to invoke any of its remedies under this Lease until said 30 days have elapsed. In no event shall Tenant have the right to terminate this Lease as a result of Landlord's default and Tenant's remedies shall be limited to damages andlor an injunction; and in no case may the Tenant withhold rent or claim a set·off or deduction from rent. 18. RULES AND REGULATIONS. Tenant shall faithfully observe and comply with all recorded covenants, conditions and restrictions affecting the Premises, all rules and regulations that Landlord may from time to time make to facilitate the reasonable operation of the Building of which the Premises are a part or the complex in whi~h it is located or to comply with the requirements of any governmental entity or insurance company, including, without limitation, those rules and regulations attached to this Lease (collectively called "Rules"). Landlord reserves the right to modify the Rules from time to time. The Rules and any modifications shall be binding upon Tenant upon delivery of a copy of the Rules to Tenant. Landlord shall not be responsible to Tenant for the failure of any other tenants or occupants to comply with the Rules. 19. HOLDING OVER. 19.1 Holding Over. If Tenant remains in possession of the Premises or any part thereof, after the expiration of the Lease TeIm with the express written consent of Landlord (which consent may be granted, withheld or conditioned at the sole discretion of Landlord), such occupancy shall be a tenancy from month to month at a minimum rent in an amount equal to 150 percent of the last monthly Minimum Rent. plus all additional rent and other charges payable hereunder, and upon all the terms hereof applicable to a month·to-month tenancy. 19.2 Abandonment. Tenant agrees not to vacate or abandon the Premises at any time during the Lease Tenn. Should Tenant vacate or abandon said Premises or be dispossessed by process of law or otherwise, such abandonment, vacation or dispossession shall be deemed a breach of this Lease and, in addition to any other rights which Landlord may have, Landlord may remove any personal property belonging to Tenant which remains on the Premises and store the same, the cost of such removal and storage to be Tenant's liability. 19.3 Voluntary Surrender. The VOluntary or other surrender of this Lease by Tenant, or a mutual cancellation thereof, shall not work a merger, but shall, at the option of Landlord, terminate all or any existing subleases or subtenancies, or operate as an assignment to it of any or all such subleases or subtenancies. 20. ENTRY BY LANDLORD. Landlord reserves the right to enter the Premises to inspect the sarne, to show the Prentises to prospective purchasers or tenants, to perform any alterations, improvements, repairs or maintenance, to provide any services that Landlord may deem necessary or desirable and to do any other act permitted under this Lease. Tenant hereby waives all claims for damages occasioned by such entry. Landlord may retain a key with which to unlock all of the doors in the premises (excluding Tenant's vaults, safes and files), No entry by Landlord shall be construed or deemed to be a forCible or unlawful entry into, or a detainer of, the Premises, or an eviction of Tenant from all or any portion of the Premises. 21. ESTC;>.PPIiL CERTIFICATE. Upon not less than ftve days' prior wrinen notice from Landlord, Tenant shall execute, acknowledge and deliver to Landlord a written estoppel certificate stating certain facts including; but not limited to: (a) (b) (c) Thar thi! Lease is unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying that this Lease as so modified is in full force and effect); The date to whicb the Minimum Rent and other charges are paid; and That there are not, to Tenant's knowledge, any uncured defaults on the part of the Landlord (or specifying sucb defaults if any are claimed). ·12· The statement shall be in any form that u 'd provides to Tenant. Any such statement may t encumbrancer of all or any portion of the BUIlding or the real property upon which it is located, .ed upon by any prospective purchaser or 22. SIGNS. Tenant shall not place any signs or symbols in the windows or on the doors of the Premises or upon any part of the Building without the prior written consent of Landlord. Any signs or symbols shall be in conformity with other signs on the Premises and the Building, the Rules, and all applicable laws, ordinances and regulations. Tenant shall maintain any such sign or symbol in good condition and repair at its sole cost and expense. Tenant shall remove such sign or symbol at its sole cost and expense upon termination of the Lease Term, and shall repair all damage caused by the removal. If Tenant fails to remove any sign or symbol and/or repair any damage caused by its removal, Landlord may have the same removed and/or repaired at Tenant's expense . . 23. AUTHORITY; LIABILITY. 23.1 Authority. If Tenant is a corporation, partnership, limited liability company or other form of entity, each individual executing this Lease on behalf of said entity represents and warrants that he or she is duly authorized to execute and deliver this Lease on behalf of said entity, in accordance with a duly adopted resolution of the board of directors of said entity authorizing and consenting to this Lease; specifically authorizing the deSignated officers signing this Lease to execute, acknowledge and deliver the same without the consent of any other officer or officers; resolving that such action and execution is in accordance with the bylaws of said corporation; and, resolving that this Lease is binding upon said entity in accordance with its terms. 23.2 Liability. If the Landlord herein is a limited or general partnership, it is understood and agreed that any claims by Tenant against Landlord shall be limited to the assets of the limited or general partnerShip, and furthennore, Tenant expressly. waives any and all rights to proceed against the individual partners, or the officers, directors or shareholders of any corporate partner, except to the extent of their interest in said limited or general partnership. 24. GENERAL PROVISIONS. 24.1 Exhibits and Addendums. Any exhibits and addendums attached to this Lease are a part hereof and are fully incorporated in this Lease by this reference. 24.2 Non:'Waiver of Default. Landlord's waiver of any term, covenant or condition of this Lease shall not be deemed to be a waiver of any other term, covenant or condition or any subsequent default under the same or any other term, covenant or ~ondition. Landlord's acceptance of any sum shall not be deemed to be a waiver of any preceding default by Tenant. other than the failure of Tenant to pay the particular sum so accepted, regardless of Landlord's knowledge of such preceding default at the time it accepts the sum. 24.3 Joint Obligations. If there is more than one Tenant, the obligations of the Tenants under this Lease shall be joint and several. 24.4 Section Titles. The Section titles of this Lease are not a part of this Lease and shall have no effect upon its construction or interpretations. 24.5 24.6 24.7 24.8 24.9 24.10 Time. Time is of the essence of this Lease and each and all of its provisions in which performance is a factor. including. but not limited to, Tenant's execution of estoppel certificates and subordinations and Tenant reimbursements to Landlord. Successors and Assigns. The covenants and conditions of this Lease app~y to and bind the heirs, successors, executors, administrators and assigns of all parties of this Lease. Recordation. A short form memorandum may be recorded at the request of either party, and at the reques~ing party's expense. Quiet Possession. Subject to all the provisions of this Lease and provided Tenant pays all sums due under this Lease and observes and perfonns all of the other covenants, conditions and provisions to be observed and perfonned by Tenant, Tenant shall have quiet possesSion of the Premises for the entire Lease Term, against any adverse claim of Landlord or any party claiming under Landlord. Prior Agreements. This Lease contains the full agreement of the parties with respect to any matter covered or mentioned in this Lease. No prior agreements or understandings pertaining to any such matter shall be effective for any purpose. This Lease may be amended or supplemented only by an agreement in writing signed by the parties or their respective successors in interest. 27.14. Tenant agrees to make any modifications ~f the tenns and provisions of this Lease required or requested by any lending institution providing fInancing for the Building. or project. as the.case may be, provided that no such modifications will materially adversely affect Tenant's rights and obligations under this Lease, Inability to Perfonn. Except as provided in Sections 13 and 14, this Lease and Tenant's obligations hereunder, including Tenant's obligation to make payments, shall not be affected or impaired because Landlord is unable to fulfill any of its ~a~~ or ~:d in -13· 412~ ;:2)PM . 24.11 24.12 24.13 24.14 24.15 doing so, if such inability or del reasonable control of the Landlord. caused by reason of weather. strike, labor trouble .s of God. or any other cause beyond the Severability. Any provision of this Lease which shall prove to be invalid, void or illegal, shall in no way affect, impair or invalidate any other provision, and all other provisions shall remain in full force and effect. Cumulative Remedies. No remedy or election under this Lease shall be deemed to be exclusive but shall, whenever possible, be cumulative with all other remedies at law or in equity. Choice of Law. This Lease shall be governed by the laws of State of Washington. Attorneys' Fees. In the event any action or proceeding is brought by either party against the other arising out of or in c_onnection with this Lease, the prevailing party shall be entitled to recover its costs, including. but not limited to, reasonable anorneys' and accountants' fees, incurred in such action or proceedings, including any such costs and fees incurred on appeal, in any arbitration proceeding and in any bankruptcy proceeding. , Notices. All notices or demands which are required or permitted to be given by either party to the other under this Lease shall be in Miting. Except as otherwise provided in any addendum, all notices and demands to the Tenant shall be either personally delivered or sent by the U.S. Mail, registered or certified, postage prepaid, addressed to the Tenant at the Premises, or at the address s,et forth below, or to such other place as Tenant may from time to time designate in a n~tice to the Landlord. Except as provided in any addendum, all notices and demands to the Landlord shall be either personally delivered or sent by U.S. Mail, registered or certified, postage prepald, addressed to the Landlord at the address set forth below, or to such other person or place as the Landlord may from time to time designate in a notice to the Tenant. Any notices sent by US Mail as provided above shall be deemed to have been received three days after deposit into the mail as set out in Section 1.11 and 1.12. 24.16 Subordination. At Landlord's option, this Lease shall be subjecllD and subordinate to the lien of any existing or future mortgages or deeds of trust in any amount or amounts whatsoever, now or hereafter placed in or against the Building or the real property upon which it is located, and to any extensions~ renewals or replacements thereof, without the necessity of the execution and delivery of any further instruments on the part of Tenant to effectuate such subordination. Within five days of Landlord's request, Tenant will execute and deliver such further instruments as Landlord deems necessary to evidence such subordination of this Lease. As long as Tenant is not in default under this Lease, said subordination shall not disturb Tenant's right to possession of the Premises. 24.17 Attornment. In the event of foreclosure, or the exercise of the power of sale under any mortgage or deed of trust made by Landlord covering the Premises, or in the event of any sale in lieu thereof, Tenant shall attorn to the purchaser upon any such foreclosure or sale and recognize such purchaser as Landlord under this Lease; provided said purchaser expressly agrees in writing that, so long as Tenant is not in default under the Lease, Tenant's possession and occupancy of the Premises shall not be disturbed and said purchaser will thereafter perfonn all of the obligations of Landlord under this Lease. 24.18 Guarantor. In the event that there is a Guarantor of this Lease, Guarantor hereby agrees to jointly and severally perfonn all payment and other obligations of Tenant under this Lease. Guarantor waives all suretyship defenses that would otherwise be available to Guarantor. 24.19 Compliance with Environmental Laws. The parties acknowledge that there are certain federal. state and local laws, regulations and guidelines now in effect and that additional laws, regulations and guidelines may hereafter be enacted relating to or affecting the Premises and the larger parcel of land upon which the demised Premises may be a part, concerning the impact on the environment of construction, land use, the maintenance and operation of structures, and the conduct of business. Tenant shall not cause, or permit to be caused, any act or practice by negligence, or Omission, or otherwise, that would adversely affeCt the environment or do anything or permit anything to be done that would violate any of said laws, regulations or guidelines. Any violation of this covenant shall be an Event of Default under this Lease. Tenant shall indemnify and hold Landlord harmless from any and all cost, expense, claims, losses, damages, fines and penalties, including reasonable attorneys' fees, that may in any manner arise out of or be ilnposed because of the failure of Tenant to comply with this covenant. The foregoing shall cover all requirements whether or not foreseeable at the present time and regardless of the expense attendant thereto. 24.20 Riders and Exhibits. The Riders and Exhibits referred to in Section 1.16 are attached to this Lease and made a part of it. 24.21 Limitation on Recourse. Tenant specifically agrees to look solely to Landlord's interest in the Premises for the recovery of any judgments from Landlord. It is agreed that Landlord (and its shareholders. venturers. members and partners, and their shareholders, venturers, members and partners and all of their officers, directors. and employees) will not be personally liable for any such judgments. The provisions contained in the preceding sentences are not intended to and will not limit any right that Tenant might otherwise have to obtain injunctive relief against Landlord. R -14-412~ PMIl:'9 >,II 24.22 Tax Credits. Landlord is entitle laim all tax credits and depreciation attributable l 3ehold improvements in the Premises. Promptly after Landlord's demand, Landlord and Tenant will prepare a detailed list of the leasebold improvements and fIxtures and their respective costs for which Landlord or Tenant has paid, Landlord will be entitled to ail credits and depreciation for those items for which Landlord has paid by means of any Tenant finish allowance or otherwise. Tenant will be entitled to any tax credits and depreciation for all items for which Tenant has paid with funds not provided by Landlord. 24.23 Relocation of the Premises, Landlord reserves the right to relocate the Premises to substantially comparable space within the Building, pursuant to this Section 27.22. Landlord will give Tenant a written notice of its intention to relocate the Premises, and Tenant will complete such relocation within 60 days after receipt of such wrinen notice. If the space to which Landlord proposes to relocate Tenant is not substantially comparable to the Premises, Tenant may so notify Landlord, and if Landlord fails to offer space satisfactory to Tenant, Tenant may terminate this Lease effective as of the 30th day after the date of Landlord's initial wrincn notice. If Tenant does relocate within the Building, then effective on the date of such relocation this Lease will be amended by deleting the deSCription of the original Premises and substituting for it a description of such comparable space. Landlord agrees to reimburse Tenant for its actual reasonable moving costs to such other space within the Building, the reasonable costs of reprinting stationery, and the costs of rewiring the Dew premises for telephone and computers comparably to the original Premises. 24.24 Landlord's Fees. Whenever Tenant requests Landlord to take any action or give any consent required or permined under this Lease, Tenant will reimburse Landlord for all of Landlord's reasonable costs incurred in reviewing the proposed action or consent, including without limitation reasonable anorneys', engineers' or architects' fees, within ten days after Lan4lord's delivery to Tenant of a statement of such costs. Tenant will be obligated to make such reimbursement without regard to whether Landlord consents to any such proposed action. 24.25 Disclosure oC Agency J.tepresentation. At the signing of this Lease Agreement. Morris Piha Management Group, Inc. represented the Landlord. Each party signing this document conflIlDs that prior oral andlor written disclosure of agency was provided to them in this transaction. 24.26 Rules of Construction. The parties agree that (a) in the event of any inconsistency between the provisions of Section 1 and the other proviSions of this Lease, the other provisions of this Lease shall govern; (b) in the event of any inconsistency between the provisions of the body of this Lease and the Riders attached hereto, the provisions set forth in the Riders shall govern; (c) in the event of any ambiguity regarding which party is responsible for costs or expenses, Tenant shall be responsible; and (d) ambiguities shall not be construed against the party that drafted this Lease. 24.27 Waiver of Jury Trial. LANDWRD, TENANT AND GUARANTOR BY THIS SECTION 24.22 WANE TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM BROUGHT BY EITHER OF THE PARTIES TO THIS lEASE AGAINST THE OTHER ON ANY MA TIERS WHATSOEVER ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS LEASE, THE RELATIONSHIP OF LANDWRD AND TENANT, TENANT'S USE OR OCCUPANCY OF THE PREMISES, OR ANY OTHER CLAIMS (EXCEPT CLAIMS FOR PERSONAL INJURY OR PROPERTY DAMAGE), AND ANY EMERGENCY STATUTORY OR ANY OTHER STATUTORY REMEDY. 24.28 Redevelopment. In the event Landlord determines to redevelop the property of which this leased premises is a part, Landlord may terminate this lease. Landlord shall give to Tenant () twelve (12) months prior written notice. Landlord shall grant Tenant two (2) month's free rent, so long as Tenant is not in default on this Lease. Tenant may vacate premises any time during final sixty (60) days of said twelve (12) month notice period. 25. BROKERS. Tenant warrants that it has had no dealing with any real estate broker or agent in connection with the negotiation of this Lease except for Morris Piha Management Group, Inc.and Colliers International and it knows of no other real estate broker or agent who is entitled to a commission in connection with this Lease. Landlord agrees to pay Morris Piha Management Group, Inc and Colliers International upon the execution of this Lease by both Landlord and Tenant, the Broker Fee for negotiating this Lease . . . "26:~' LEGAL DOCUMENT. Tenant understands that this is a legally binding contract. Tenant has carefully read eacb'of its provisions, and prior to execution of the Lease, represents and warrants that Tenant has been advised to discuss the legal effect of the Lease with Tenant's legal counsel. 27. DISCLOSURE OF AGENCY REPRESENTATION. At the signing of this Lease Agreement, Morris Piba Management Group, Inc. represents the Landlord andColliers International represents the Tenant. Each party signing this document confIrms that prior oral and/or written disclosure of agency was provided to them in this transaction. IN WITNESS WHEREOF, the parties have executed this instrument as of the day and year fIrst above written: -15- ::~M7'dS Limited Partnership Title 'iioNJu... . TENANT: By .C) David Mitts By ______________________________ _ THE OBliGATIONS OF TENANT ARE GUARANTEED BY: By By -16- STATE OF WASHINGTON COUNTY OF_..<Ki'"'n"'g'--__ ) ) ss, ) On this .;:;& day of April 2004, before me, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared _David Mitts __ , to me known to be the individual who executed the within and foregoing instrument, and acknowledged that ~ signed the same as his __ free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN UNDER my hand and official seal hereto aftlxed the day and year in this certificat ... "",\\\\ ;.., .... , ..... II ~ _--~'.:w-.... A I" ;-;:=~.:::;-z5~~~~1'~~::C~:""'-----------f "J~ •.•.• ,'~s.o;;~""",~1111 (Sig~!e 0 otary) /Jj; /\ :: : ,,'~~ ',-~ _-===6=ln7uCdLJ/a~_r<L..m!.L.Jm."-L!/'TY:7~,--_______ _ , .. ~,.~" , ~ : _ • _ ~, (Print or stamp name of Notary) ~ \ ~B\'~ j E NOTARY PUBUC in and for the State of Washington, residing at m:z:.. ", .,. \" "'$.0' " ... : i! f My Commission Expires: __ "ir.-,,-,I,-,-I~S-'-4I-,O,,--,L-LI __________ _ I'l"~ 1 1"\\\\,,, .. , rJI4t.O _- , , 0,. .... S"'~ ~ ~ ~ " ....... .... ... \ \\\\"~", ... STATE OF WASHINGTON COUNTY OF _-"Ki""n"g'--__ _ ) ss, ) On this __ day of • -' before me, the undersigned, a Notary Public in and for the State of Washinft_t~n, duly commissioned IlIld~en. personally appeared Morris Piha , to me known to be the person who signed as -"''l!!i.I!i1tr~i\W Greater Hiland~ lQru ! o&J:ip that executed the within and foregOing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said partnership for the uses and purpo,ses therein mentioned. and on oath stated that....!:llL was authorized to execute said instrument on behalf of the partnership, IN WlTNES~ WHERliQF I have hereunto set my hand and official seal the day an~d year ftrst a written, ~ """"\'" c:::::: _ /~ _~£L At III, ~ _-,,'II'''' A~', ..::z .: "J~."'" ')1,0, " (Signature of Notary) !) ~ C?:2 <III : 1 ~'f " Sa ! ~ g { ~.~ t~ ~ (Print or stamp name of Notary) ~,\ ~B \.~! 1 NOTARY PUBUC in and for the Sta? of ~J>.ington, residing at ','" 0"" "IS.O' , •• --~ .:: My appomtment expires: :c ~ ( :s /-P'-f I",,~ IIIII\W,"""'" Q'\O _- '" 0,. lit AS~\~ ,_.-- 1\\\\,-•. , ........ , -17-412~3:23 PMll:19 Y4 EXHIBITB LEGAL DESCRIPTION Block 39, corrected plant of Renton Hilands No.1 according to plat recorded in Volume 57 of Plats, page 92, records of King County, Washington. .[. 4/2~3:23 PMll:49 YI • TO BE MADE A PART OF THE COMMERCIAL LEASE DOCUMENT UNDER DATE OF December 22,2003 BY AND BETWEEN Greater Hilands LLC as ("Landlord") One New Man Ministry as ("Tenant") and ("Guarantor"). RIDER #28 -Condition of Space Tenant to take the space in the "AS-IS" condition. Notwithstanding, Landlord warrants that the foundations, exterior walls, roof structure (including the roof membrane) of the Building, doors, exterior and interior glass and window casements, and all utility systems within the Premises including heating, ventilation and air conditioning, electrical, and mechanical systems are fully functional, operational, and in good working order. If Tenant discovers the above items are not fully functional, operational, and in good working orde within the first 45 days" Landlord agrees to make any and all repairs to the above items at Landlord's expense. ·2· :::ITY OF RENTON 1055 S. Grady Way Renton, WA 98055 DEVELOPM CITY off~~~~~NING Printed: 03-25-2005 Payment Made: Land Use Actions RECEIPT Permit#: LUA05-035 03/25/2005 10:03 AM Receipt Number: MAR 252005 RECEIVED R0501543 Total Payment: 2,000.00 Payee: ONE NEW MAN MINISRTY Current Payment Made to the Following Items: Trans Account Code Description Amount 5009 000.345.81.00.0006 Conditional Use Fees Payments made for this receipt Trans Method Description Amount Payment Check 1767 2,000.00 Account Balances Trans Account Code Description Balance Due 3021 303.000.00.345.85 Park Mitigation Fee 5006 000.345.81.00.0002 Annexation Fees 5007 000.345.81.00.0003 Appeals/Waivers 5008000.345.81.00.0004 Binding Site/Short Plat 5009 000.345.81.00.0006 Conditional Use Fees 5010 000.345.81.00.0007 Environmental Review 5011 000.345.81.00.0008 Prelim/Tentative Plat 5012 000.345.81.00.0009 Final Plat 5013 000.345.81.00.0010 PUD 5014 000.345.81.00.0011 Grading & Filling Fees 5015 000.345.81.00.0012 Lot Line Adjustment 5016 000.345.81.00.0013 Mobile Home Parks 5017 000.345.81.00.0014 Rezone 5018 000.345.81.00.0015 Routine Vegetation Mgmt 5019 000.345.81.00.0016 Shoreline Subst Dev 5020 000.345.81.00.0017 Site Plan Approval 5021 000.345.81.00.0018 Temp Use or Fence Review 5022 000.345.81.00.0019 Variance Fees 5024 000.345.81.00.0024 Conditional Approval Fee 5036 000.345.81.00.0005 Comprehensive Plan Amend 5909 000.341.60.00.0024 Booklets/EIS/Copies 5941 000.341.50.00.0000 Maps (Taxable) 5954 604.237.00.00.0000 Special Deposits 5955 000.05.519.90.42.1 Postage 5998 000.231.70.00.0000 Tax Remaining Balance Due: .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00