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Home My WebLink AboutSP-Exceptions 107_2017080900159320170809001593.001 Instrument Number: 20170809001593 Document:CONS Rec: S81.00 Page-1 of 8 Record Date:8/9/2017 4:16 PM King County, WA Return Address Boeing Law Department Attn: Real Estate Counsel 7755 E. Marginal Way S, MC 11-XT Seattle, WA 98108 Document Title(s) (or transactions contained therein): CONSENT TO CERTAIN USES UNDER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Reference Number(s) of Documents assigned or released: 20151211001279 (on page 1 of documents(s)) k--Ncs- - y%\z Grantor(s) (Last name first, then first name and initials): ihta Document is aecotded 1. Longacres Park, Inc. a Washington corporation As Courtesy Only. 2. Ryan-GHC Two, LLC, a Delaware limited liability company hIlk riconTitle InsumnceComM Assumes No liability For 3. Ryan Companies US, Inc., a Minnesota corporation S1dll ffl411011dfty0rAacurmay Grantee(s) (Last name first, then first name and initials): 1. Longacres Park, Inc. a Washington corporation 2. Ryan-GHC Two, LLC, a Delaware limited liability company 3. Ryan Companies US, Inc., a Minnesota corporation Legal description (abbreviated: i.e. lot, block, plat or section, township, range) Lot "X" of City of Renton Lot Combination No. LUA .16-000070, King County Recording No. 20160420000041 Retained Property of Grantor: Lots 13, 21, 22, and 23 of Boeing Longacres Property, Second Amended BSP No. LUA-02-022-BSP, King County Recording No. 20050504000673 and Parcels with APN 242304-9022; 242304-9071; 242304-9055; 242304-9050; 242304-9048; 2423Q4-9052 Full legal is on page 6 of document. Assessor's Property Tax Parcel/Account Number 088670-0090; 088670-00 10; 088670-0020; 088670-0030; 088670-0040; 088670-0050; 088670-0060; 088670-0070; 088670-0080; 088670-0090; 088670-0100; 088670-0110; 088670-0120; 088670-0140; 088670-0160; 088670-0170; 088670-0180; 088670-0200; 088670-0240; 088670-0250; 088670-0260; 088670-0360;088670-0370; Consent re Medical Use Cover Sheet 20170717 Instrument Number: 20170809001593 Document:CONS Rec: S81.00 Page-2 of 8 Record Date:8/9/2017 4:16 PM King County, WA 20170809001593.002 CONSENT TO CERTAIN USES UNDER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS THIS CONSENT TO CERTAIN USES UNDER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS (this "Consent") is entered into as of the 31 st day of July, 2017, by (1) Longacres Park, Inc., a Washington corporation ("Longacres" or the "Declarant"); (2) Ryan-GHC Two, LLC, a Delaware limited liability company ("Ryan"); and (3) Ryan Companies US, Inc., a Minnesota corporation ("Ryan US"). RECITALS A. Longacres recorded that certain Declaration of Covenants, Conditions and Restrictions, dated December 11, 2015, and recorded December 11, 2015, as Document No. 20151211001279 (the "Declaration'), thereby burdening certain property in the City of Renton, Washington including certain property now owned by Ryan and legally described on Exhibit A attached hereto and incorporated herein by reference (all or any part of which is referred to here as the "Ryan Property") and benefiting certain property owned by Longacres and described in Exhibit E to the Declaration, which description is by this reference incorporated into this Consent.. B. Ryan has requested that Longacres consent to certain uses of the Ryan Property that would otherwise be prohibited under the Declaration. Longacres is willing to provide such consent subject to the terms, conditions, and agreements set out in this Consent. C. Ryan US owns and/or controls Ryan. AGREEMENT NOW, THEREFORE, in consideration of the mutual promises of the parties set out in this Consent, and for other good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, Longacres hereby agrees as follows: Capitalized terms used in this Consent and not otherwise defined here have the meanings assigned to them in the Declaration. 2. Ryan hereby confirms that it has constructed on the Ryan Property two buildings, shown on Exhibit B as Buildings C and D, respectively, (each, a "Building" and together, the "Buildings"). Ryan for itself and all present and future tenants, owners, occupants, and users of the Ryan Property hereby acknowledges that the Buildings were not constructed in conformance with the requirements of the Declaration in that: (a) the depth of over -excavation was less than the three (3) feet required by the Declaration; (b) Ryan did not provide the Declarant with the notice required prior to the installation of a vapor barrier; and (c) Ryan did not provide the documentation related to construction quality assurance within thirty days after the installation of Consent Re Medical Use at Longacres 20170714 Page I of 6 Instrument Number: 20170809001593 Document:CONS Rec: 581.00 Page-3 of 8 Record Date:8/9/2017 4:16 PM King County, WA 20170809001593.003 a vapor barrier, each of which constitutes a breach of the covenants set out in Section 3(a)(5) of the Declaration. Ryan US acknowledges that it managed and directed the construction of the Buildings on behalf of Ryan. Ryan hereby requests that the Declarant agree that either Building or both Buildings may be used as a medical facility, PROVIDED that Ryan agrees that in no event may either Building or both Buildings ever be used (a) for any medical purpose other than general primary medical care to out -patients nor (b) to provide overnight stays for any patient or patients and PROVIDED FURTHER that the total aggregate square footage of the medical facilities whether in one Building or in two Buildings shall never exceed in the aggregate twenty thousand (20,000) gross square feet of building area. 4. Ryan and Ryan US agree for themselves jointly and severally and for all present and future tenants, owners, occupants, and users of the Ryan Property to indemnify, defend, and hold harmless the Declarant, The Boeing Company, a Delaware corporation, its subsidiaries (at any level), its corporate affiliates, and their respective officers, directors, employees, agents, consultants, contractors, attorneys, successors and assigns against any and all claims, liabilities, and costs related to (1) the use of the Ryan Property as a medical office or clinic or (2) the failure to construct the Buildings in conformance with the requirements of the Declaration. Ryan for itself and all present and future tenants, owners, occupants, and users of the Ryan Property hereby agrees that no representation or warranty has been made by Longacres, Declarant, The Boeing Company, a Delaware corporation, its subsidiaries (at any level), its corporate affiliates, and their respective officers, directors, employees, agents, consultants, contractors, attorneys, successors and assigns that the Ryan Property is suitable for use as a medical office or clinic or that the construction methods used by Ryan are adequate for the construction of a medical office or clinic on the Ryan Property. 6. Ryan agrees that its acknowledgments set out in Section 2 of this Consent and its agreements and undertakings set out in Section 3, 4, 5 and this Section 6 of this Consent touch and concern the Ryan Property and are intended to be covenants that run with the land and will bind any and all present and future tenants, owners, occupants, and users of the Ryan Property. Ryan acknowledges for itself and for all present and future tenants, owners, occupants, and users of the Ryan Property that money damages will not adequately compensate the Declarant for the harm that may befall the Declarant as a result of a breach by Ryan or any present or future tenants, owners, occupants, or users of the Ryan Property and that therefore the Declarant may enforce Ryan's covenants through equitable relief, including particularly an injunction against any use that does not strictly conform to the requirements of this Consent. 7. In consideration of the acknowledgments of Ryan and Ryan US set out in Section 2 of this Consent, and in consideration of the undertakings, disclaimers, and agreements of Ryan set out in Sections 3, 4, 5, and 6 of this Consent, the Declarant (1) agrees that it will not pursue any remedy Consent Re Medical Use at Longacres 20170714 Page 2 of 6 Instrument Number: 20170809001593 Document:CONS Rec: 581.00 Page-4 of 8 Record Date:8/9/2017 4:16 PM King County, WA 20170809001593.004 available to it under the Declaration for breach of the covenants contained in the Declaration related to the requirements for over -excavation and use of a vapor barrier in the construction of the Buildings (provided that such agreement does not preclude Declarant from pursuing Ryan for contribution in connection with claims by third parties) and (2) consents for purposes of Section 3(b)(4)(10)(a) of the Declaration to the use of either Building or both Buildings as a medical clinic, subject to the restrictions and limitations set out in Section 3 of this Consent. 8. All terms and conditions set out in the Declaration remain in full force and effect. This Consent may be executed in any number of counterparts, which, when taken together, shall constitute a complete and original instrument. This Consent shall be executed by Declarant and Ryan in recordable form and shall be recorded in the records of King County, Washington so as to give legal notice of this Consent and so as to bind any and all present and future tenants, owners, occupants, and users of the Ryan Property. Signatures begin on the next sheet. Consent Re Medical Use at Longacres 20170714 Page 3 of 6 Instrument Number: 20170809001593 Document:CONS Rec: S81.00 Page-5 of 8 Record Date:8/9/2017 4:16 PM King County, WA 20170809001593.005 IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed as of the day and year first above written. LONGACRES PARK, INC. Its: STATE OF WASHINGTON COUNTY OF KING I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that94 he/she was authorized to execute the instrument and acknowledged it as the 1) nL eaj?—eA 1�n( of Longacres Park, Inc., a Washington corporation to be the free and voluntary act and deed of such party for the uses and purposes mentioned in the instrument. Dated: 26// % 'Notary public in and for the State of ' KATHERINE 1 RNQ�( Washington, residing at Notary Pubtit 1 State of Washington My Appointment Expires Sep 22.2020 My appointment expires glaal�c� Consent Re Medical Use at Longacres 20170714 Page 4 of 6 Instrument Number: 20170809001593 Document:CONS Rec: S81.00 Page-6 of 8 Record Date:8/9/2017 4:16 PM King County, WA 20170809001593.006 RYAN-GHC By: Timothy Its: Manager STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was executed before me this I't day of August, 20 7, by Timothy M. Gray, the Manager of Ryan-GHC Two, LLC, a Delaware limited liabili� company 1 theinited liability company. `'_� MARGARET �c-,�ijnnesota MOLINARI 1.,, Notary Publ,'•:;;� '"', MyCommissionExpian 31, 2020 Nota 06c [SEAL COUNTY OF HENNEPIN This instrument was executed before n Vice President of Ryan Companies US, Inc., a MARGARET M. MOLINARI Notary Public -Minnesota MY commission Expires Jan 31, 2020 Consent Re Medical Use at Longacres 20170714 Page 5 of 6 the Instrument Number: 20170809001593 Document:CONS Rec: 581.00 Page-7 of 8 Record Date:8/9/2017 4:16 PM King County, WA 20170809001593.007 Exhibit A Lot "X" of City of Renton Lot Combination No. LUA16 — 000070 recorded under Recording No. 20160420000041 in King County, Washington. Consent Re Medical Use at Longacres 20170714 Page 6 of 6 Instrument Number: 20170809001593 Document:CONS Rec: S81.00 Page-8 of 8 Record Date:8/9/2017 4:16 PM King County, WA 20170809001593.008 CONSENT TO CERTAIN USES UNDCONDITIOER NS AND RESTRICTIONS DECLARATION OF COVENANTS, Exhibit B Ryan-GHC Two, LLC Site Plan Clinical Use to be permitted in buildings C and/or D and shall be not greater than 20,000 square feet - If