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HomeMy WebLinkAboutMiscellaneous (1) Check Request for Emergencies (for established'vendors only) Submit this form to obtain a check outside the regular Accounts Payable (A/P) check run schedule. Check Request Info; f request:Date o Date check needed: 10/28/20 10/28/20. • Requestor's name:: . . Requestor's department/division: : :: Requestor's ext#: Joey. Harnden PW 7 Transportation .. .- 7225 :: Vendor#: :: .- Vendor Chicago Title •015199 name.and 10500 NE 8TH St, Suite 600 mailing Bellevue,WA 98004; address: • What is the reason that a check needs.to be issued outside the normal A/P check run schedule? Send funds to Escrow to pay Argo Renton, LLC for a:Temporary Construction Easement and Utility Easement aspart of the.Duvall Ave NE project. . . .. • Account number(s) to charge:: . Amount per account#: 317.122702.016.595:20;63.000 $65,945.20 • Check amount: $65;945.20 Check handling request:.: Please.wire the funds as specified on the Escrow wiring instructions. Please:Send wire confirmation to Joey Harnden or:: Flora Lee. ; *Approval-Signatures: Requestor's Department Administrator, Division :. Administrative Services Administrator:or Designee: Director or..designee: Signature: . : �t C'w6l. Signature: Jim Seitz, Tran portation Director Designee:_ Type name of signer on above line Type or print designee name on above line Date: . 10/30/2620 . •. 'Date: . *The department person approving this check request must be an authorized'signet Form updated 11/17/2016 j+ IR + PUBLIC WORKS DEPARTMENT \, NT`lC� MEMORANDUM DATE: November 4, 2020 TO: Armondo Pavone, Mayor FROM: Martin Pastucha, Public Works Administrato STAFF CONTACT: Flora Lee, Civil Engineer Ill, ext. 7303 SUBJECT: Duvall Avenue NE Project Project Parcel No. 15 Argo Renton, LLC Signature for the Settlement Statement and Escrow Instructions for Right-of-Way Easements As part of the Duvall Avenue NE Project, a temporary construction easement (TCE) and a utility/slope easement are being acquired from Argo Renton, LLC located at 4601 NE Sunset Blvd. This parcel is identified by the King County Assessor as tax parcel number 149450-0050-09. Per the Purchase and Sale agreement signed by the Mayor on August 27, 2020,the total purchase price for the easements is$56,100. The purchase price consists of the easement valued at$7,000,the TCE valued at$19,000, $25,000 for any improvements located within the easement areas and an additional $5,100 compensation in administrative settlement. Chicago Title Insurance Company has provided the settlement statement of$65,945.20 (including$56,100 easements purchase, $5,000 seller attorney fees, $3,500 lender fees, and $1,345.20 for escrow and recording charges) and escrow instructions for city's signature. Please sign the attached documents and return the signed originals to Flora Lee in the Transportation Systems Division. Upon receipt of the documents she will coordinate with escrow and finance regarding recording and release of payment. cc: Bob Hanson,Transportation Design Manager Josef Harnden,Administrative Secretary I h:\file sys\ted-transp engr design\ted 40-projects\04100 duvall ave ne ph4 to_sunset\400_design\430row\signed packages\working_files\parcel 15\closing\parcel 15 escrow memo to mayor-argo renton.doc 40, Group Northwest Acquisition and Relocation Services Transmittal Memo To: Flora Lee,Project Manager,City of Renton CC: Cindy Clark,P.E.Parametrix From: Sonja Davis RES Group NW Date: October 27,2020 Project: Duvall Avenue NE Parcel No.: 15 Owner: Argo Renton LLC Ms. Lee, Enclosed in this transmittal are the following documents: 1. Purchase and Sale(signed by the City and the owner) 2. Utility Easement(Requires City's signature&date) 3. Temporary Construction Easement(Requires City signature&date) 4. Real Property Voucher(Requires City signature) 5. W-9 6. Lender Consent and Notice(copy) 7. Administrative Settlement Agreement(copy) 8. Chicago Title—Estimated Settlement Agreement(name of seller needs to be corrected,once corrected please sign and email back to title so they can email the seller for their signature) Please let me know if you have any questions. Sincerely Sonja Davis,WA/RAC RES Group NW 1913 6th Street Kirkland,WA 98033 Request for Taxpayer Give Form to the Form (Rev.October 2018) Identification Number and Certification requester. Do not Department of the Treasury send to the IRS. Internal Revenue Service ►Go to www.irs.gov/FormW9 for instructions and the latest information. 1 Name(as shown on your income tax return).Name is required on this line;do not leave this line blank Argo Renton LLC 2 Business narne/disregarded entity name,if different from above 3 Check appropriate box for federal tax classification of theperson whose name is entered on line 1.Cneck onlyone of the 4 Exemptions(codes apply only to P PPY Y following seven boxes. certain entities,not individuals;see co a instructions on page 3): o ❑ Individual/sole proprietor or ❑ C Corporation ❑ S Corporation ❑ Partnership ❑Trust/estate single-member LLC Exempt payee code(if any) a o Z•11 ✓❑ Limited liability company Enter the tax classification(C-C corporation,S=S corporation,P=Partnership)► P `o 2 Note:Cneck the appropriate box in the line above for the tax classification of the single-member owner. Do not check Exemption from FATCA reporting LLC if the LLC is classified as a single-member LLC that is disregarded from the owner unless the owner of the LLC is ( Y) ' another LLC that is not disregarded from the owner for US federal tax purposes Otherwise,a single-member LLC that code if a n tl u is disregarded from the owner should check the appropriate box for the tax classification of its owner ❑ Other(see instructions)► (Applies to accounts mamlalned outsides Ma US) y 6 Address(number,street,and apt.or suite no)See instructions T Requester's name and address(optional) at ! rn 101 Larkspur Landing Circle#120 8 City,state,and ZIP code Larkspur,CA 94939 7 List account number(s)here(optional) Part I Taxpayer Identification Number(TIN) Enter your TIN in the appropriate box.The TIN provided must match the name given on line 1 to avoid L Social security number backup withholding.For individuals,this is generally your social security number(SSN).However,for a resident alien,sole proprietor,or disregarded entity,see the instructions for Part I,later.For other I J - entities,it is your employer identification number(EIN).If you do not have a number,see How to get a TIN, later. or Note:If the account is in more than one name,see the instructions for line 1.Also see What Name and i Employer Identification number Number To Give the Requester for guidelines on whose number to enter. - 4 6 - 3 6 3 5 3 8 6 Part II Certification Under penalties of perjury,I certify that: 1.The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me);and 2. I am not subject to backup withholding because:(a)I am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends,or(c)the IRS has notified me that I am no longer subject to backup withholding;and 3.I am a U.S.citizen or other U.S.person(defined below);and 4.The FATCA code(s)entered on this form(if any)indicating that I am exempt from FATCA reporting is correct. Certification instructions.You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return.For real estate transactions,item 2 does not apply.For mortgage interest paid, acquisition or abandonment of secured property,cancellation of debt,contributions to an indhvidual retirement arrangement(IRA),and generally,payments other than nterest and dividends,you are not reggir to sign the certification,but you must provide your correct TIN.See the instructions for Part II,later. Sign i signature of Here U.S.person* Date". /G General Instructions ' •Form 1099-DIV(dividends,including those from stocks or mutual funds) Section references are to the Internal Revenue Code unless otherwise •Form 1099-MISC(various types of income,prizes,awards,or gross noted. proceeds) Future developments.For the latest information about developments •Form 1099-B(stock or mutual fund sales and certain other related to Form W-9 and its instructions,such as legislation enacted transactions by brokers) after they were published,go to www.irs.gov/FormW9. •Form 1099-S(proceeds from real estate transactions) Purpose of Form •Form 1099-K(merchant card and third party network transactions) An individual or entity(Form W-9 requester)who is required to file an •Form 1098(home mortgage interest), 1098-E(student loan interest), information return with the IRS must obtain your correct taxpayer 1098-T(tuition) identification number(TIN)which may be your social security number •Form 1099-C(canceled debt) (SSN),individual taxpayer identification number(ITIN),adoption •Form 1099-A(acquisition or abandonment of secured property) taxpayer identification number(ATIN),or employer identification number (EIN),to report on an information return the amount paid to you,or other Use Form W-9 only if you are a U.S.person(including a resident amount reportable on an information return.Examples of information alien),to provide your correct TIN. returns include,but are not limited to,the following. If you do not return Form W-9 to the requester with a FIN,you might •Form 1099-INT(interest earned or paid) be subject to backup withholding. See What is backup withholding, later. Cat.No.10231X Form W-9(Rev.10-2018) Commercial Mortgage Servicing WELLS Three Wells Fargo FARG O 401 S.Tryon Street,8th Floor MAC D1o50-084 • Charlotte,NC 28202 September 14, 2020 VIA EMAIL ARGO RENTON,LLC,a Delaware limited liability company("Borrower") io1 Larkspur Landing Circle,Suite 120 Larkspur,CA 94939 Re: Consent to Utility Easements Wells Fargo Loan No. 62-5100o47 (the "Loan") to Borrower Portfolio:CGMT 2o13-G07 Ladies and Gentlemen: The above-referenced Borrower has requested that U.S. Bank National Association, as Trustee,on behalf of the Registered Holders of Citigroup Commercial Mortgage Securities Inc., Commercial Mortgage Pass-Through Certificates, Series 2013-GC17 ("Lender"), consent to the execution and recording of that certain (i) Utility/Slope Easement and (ii) Temporary Construction Easement, in each case in favor of City of Renton, a municipal corporation (the approved form of each is attached hereto as Exhibit A and referred to collectively hereafter as the"Easement"),affecting a portion of Borrower's property securing the Loan located in King County,State of Washington(the"Property"). Capitalized terms used and not defined herein shall have the meanings ascribed thereto in that certain Loan Agreement dated as of October 24, 2013 among Borrower and The Bancorp Bank (the "Loan Agreement"). Wells Fargo Bank, N.A. is the Master Servicer ("Servicer") and is authorized to service the Loan on Lender's behalf. Based on the information provided to Lender and its outside counsel, Servicer, on behalf of Lender, has agreed to consent to the Easement, subject in all respects to the satisfaction of the following conditions and based on the following representations: 1. Borrower provides Servicer and Servicer's outside counsel with a copy of the file- stamped, recorded Easement in the form approved by Servicer's counsel. The foregoing copy shall be provided within thirty (3o) days of recording. Neither Lender nor Servicer shall have any obligation to pay any costs of recording the Easement or obtaining copies thereof. 2. Borrower,by its execution of this letter, represents and warrants that: (a) all documentation and information provided in connection with this consent request remain true and correct as of the date indicated below; Client Solutions 1-800-326-1334 8:00 am to 6:00 pm Eastern Time M-F Fax 704-715-0034 or commercial.servicing@wellsfargo.com Together we'll go far 738203631.1 "AlF4 04111#111 } Argo Renton,LLC Conditional Consent Letter Page 2 of 6 } (b) it shall employ commercially reasonable efforts to ensure that any installation or construction completed pursuant to the Easement (the "Construction") is performed and completed in a good and workmanlike manner and in compliance with all applicable codes, laws, rules, regulations and ordinances including, without limitation, parking and access requirements; (c) that it shall employ commercially reasonable efforts to ensure that during the Construction: (i) all utilities supplied to the Property will be maintained without interruption, (ii) the current use and operation of the Property shall not be interrupted in any material respect, (iii) the Construction shall not have a material, adverse impact on the use of the Property, and (iv) the insurance coverage on the subject property, (including but not limited to, comprehensive all risk insurance providing "special" form coverage, comprehensive commercial general liability insurance and business income insurance) shall remain in full force and effect and in absolute compliance with the terms of the Loan Agreement; (d) the Easement and Construction will not: (i) materially affect the current use or operation of the Property, including without limitation zoning, parking, current utility access, or ingress and egress to the Property, (ii) materially and adversely affect the value of the Property, (iii) increase Borrower's responsibilities for compliance with applicable laws, (iv) adversely affect or result in alterations to vertical Improvements that are structural in nature, (v) result in any abatement of Rents, or (vi) materially interfere with Borrower's ability to make any payments with respect to the Loan; (e) consents from all tenants to the extent required under the Leases have been obtained and provided to Servicer and the Easement will not adversely affect the tenants'use and quiet enjoyment of the Property; (f) as of the date indicated below, no Event of Default as defined in the Loan Agreement or other documents evidencing or securing the Loan (the "Loan Documents")has occurred and is continuing; (g) any breach of any of the representations and warranties contained herein shall constitute an Event of Default under the Loan Documents;and (h) Borrower is a limited liability company duly organized and validly existing under the laws of the State of Delaware and is qualified to do business and in good standing in the State of Washington. Borrower has full power and authority to execute, acknowledge and agree to the Easement and this conditional consent letter. 738203631.1 Argo Renton,LLC Conditional Consent Letter Page 3 of 6 3. Borrower (or its designee) pays any fees, expenses, and charges due to Servicer in connection with its review and handling of the foregoing consents,including a$500.00 review fee(Servicer acknowledges receipt of the foregoing review fee from Borrower). 4. Borrower (or its designee) pays Servicer's outside counsel's legal fees arising in connection with this matter in the estimated amount of $3,000.00 (Servicer acknowledges receipt of the foregoing feet from Borrower). [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 738203631.1 Argo Renton,LLC Conditional Consent Letter Page 4of6 • Please note that Lender is executing this letter solely to provide its consent as required in the Loan Documents and that the Servicer is executing this letter solely in its capacity as Servicer for Lender to evidence Lender's consent to the Easement. The conditional consent granted herein is expressly limited to the matters described herein and shall not be deemed a consent to or a waiver of any other conditions or requirements in the Loan Documents. This Letter may be executed in multiple counterparts,each of which shall be deemed an original, and all counterparts together shall constitute one and the same instrument. Electronic counterparts, including facsimile and PDF counterparts, shall have the same force and effect as original counterparts. Please have this letter executed by Borrower where indicated below to indicate Borrower's acknowledgement of and agreement with the foregoing conditions. Sincerely yours, U.S. Bank National Association, as Trustee, on behalf of the Registered Holders of Citigroup Commercial Mortgage • Securities Inc., Commercial Mortgage Pass-Through Certificates,Series 2013-GC 17 • By: Wells Fargo Bank, National Association, solely in its capacity as \Master Servicer pursuant to that certain Pooling and Servicing Agreement dated as of December 1,2013 By: Name: Dave Wegerek Title: Director cc: Scott Rudd,Esq.—sruddOmayerbrown.com 738203631.1 Argo Renton,LLC Conditional Consent Letter Page 5 of 6 17 Acknowledged and Agreed to this day of rep�Pe e r ,2020 by: BORROWER: ARGO RENTON, LLC, a Delaware limited liability company By: SUNCOR PARTNERS, LLC, a Delaware limited { liability company,its Manager By: CORVALLIS SUNSET PARTNERS, LLC, an Oregon limited liability company, its Manager By: Argonaut Investments, LLC, a Delaware limited liability company (with respect to Series 2),its: anager By Name: Ste Jae Title: Ma ger 738203631.1 Argo Renton,LLC Conditional Consent Letter Page 6 of 6 EXHIBIT A (EASEMENT) f • • 738203631,1 LENDER'S CONSENT AND SUBORDINATION ("Subordination") The undersigned, U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE ON BEHALF OF THE REGISTERED HOLDERS OF CITIGROUP COMMERCIAL MORTGAGE SECURITIES INC., COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2013-GC17 ("Lender"), holder of that certain Deed of Trust, Assignment of Leases and Rents and Security Agreement (the "Security Instrument"), executed by ARGO RENTON, LLC, a Delaware limited liability company for the benefit of THE BANCORP BANK, a Delaware state-chartered bank, as beneficiary ("Original Lender") recorded on October 24, 2013, as Instrument Number 20131024001185 in the real estate records pertaining to the land situated in King County, State of Washington ("Official Records"), as such Security Instrument was assigned to Lender in that certain assignment instrument recorded January 17, 2014 as Instrument Number 20140117000693 in the Official Records does (i) hereby consent to that certain Utility/Slope Easement (the "Easement") affecting the collateral premises located in King County, State of Washington ("Property"), to which this Subordination is attached, and (ii) hereby subordinates the lien of said Security Instrument to the easement, rights and restrictions created by the Easement and agrees that the foreclosure of the Security Instrument shall not terminate, impair or extinguish said Easement, provided however, that (a) this Subordination shall not be applicable to any liens or assessments created or arising under the Easement, (b) no violation of the Easement shall defeat, impair or render invalid the lien of the Security Instrument or the other loan documents executed in connection therewith (collectively-the "Loan Documents"), (c) should Lender acquire title to the Property secured by the Security Instrument, any liability Lender may have under the Easement shall be non-recourse except to the extent of its equity interest in such Property; (d) Lender's execution of this Subordination shall not be deemed or construed to have the effect of creating any relationship of partnership or of joint venture, nor shall anything contained under this Subordination be deemed to impose upon Lender any of the liabilities, duties or obligations of or under the Easement, and Lender executes this Subordination solely for the purposes set forth in this Subordination; and (e) such consent and subordination (i) shall in no way diminish, impair or affect the security interest in favor of Lender created by the Security Instrument, (ii) shall not affect, amend, limit or impair any of the terms or provisions of the Security Instrument or any of Lender's rights under the Security Instrument, and (iii) shall not be deemed a consent to, or confirmation with respect to, any other action or request under, or a waiver of any conditions or requirements in, the Security Instrument or the other Loan Documents. The consent granted herein is expressly limited to the matters described herein and shall not be deemed a consent to or as a waiver of any other conditions or requirements in the Security Instrument or the Loan Documents and shall not in any way affect, release, diminish, impair or waive the Security Instrument or Loan Documents except to the extent expressly and specifically stated herein. 738204019.1 IN WITNESS WHEREOF, the undersigned has executed this Lender's Consent and Subordination this day of , 2020. U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE ON BEHALF OF THE REGISTERED HOLDERS OF CITIGROUP COMMERCIAL MORTGAGE SECURITIES INC., COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2013-GC17 By: Wells Fargo Bank, National Association, solely in its capacity as Master Servicer pursuant to that certain Pooling and Servicing Agreement dated as of December 1, 2013 By. Name: )0/hi. Wets F* Title: p t�tilbR.. STATE OF NORTH CAROLINA COUNTY OF MECKLENBURG ) `' .,94n this � ' day of Sfperv1. b Q-{ , 2020, personally appeared before me I ct VVQ eve K; as a Cirecko- of WELLS FARGO BANK, NATIONAL ASSOCIATION, acting in its authorized capacity as Master Servicer for and on behalf of U.S. ' BANK NATIONAL ASSOCIATION, AS TRUSTEE ON BEHALF OF THE REGISTERED HOLDERS OF CITIGROUP COMMERCIAL MORTGAGE SECURITIES INC., COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2013-GC17, signer and sealer of the foregoing instrument and acknowledged the same to be his/her free act and deed and the free act and deed of said entities, before me. He/she is personally known to me or h s produced a driver's license as identification. 6 otary Public My commission expires: P t,l{ 7,40 /20 Z3 ,. Hilda C Bull �•��� Notary Public �' Mecklenburg County,NC My Commission Expires August 26_3_,_ 738204019.1 011. Group No 4 rthwest Acquisition and Relocation Services Administrative Settlement Recommendation Date: July 27, 2020 • To: Flora Lee,Transportation Design Project Manager, City of Renton CC: Cindy Clark, P.E., Parametrix From: Sonja Davis, Senior Right-of-Way Consultant, RES Group NW Subject: Administrative Settlement Recommendation City of Renton, Duvall Avenue NE Tax Parcel No.: 1499450-0050-09 Project No.: 15 Owner: Argo Renton, LLC The City's Original Offer dated 4/9/20: $72,000.00 The City's Revised Offer dated 6/25/20 $51,000.00 Owner's Proposed Counteroffer dated 7/20/20 $65,000.00 Amount of Proposed Total Settlement: S61,100.00 BACKGROUND and SUMMARY OF NEGOTIATION • On April 14, 2020, an otTer was made to owners via email and Certified Mail to their California headquarter. The City's offer of$72,000 consisted of$24,000 for 2,917 SF of land in a Right of Way Easement, $20,000 for 4,819 SF of land in a Temporary Construction Easement (ICE), and $28,000 for impacted site improvements, consisting of shrubs and trees. • The negotiation with the owner ensued as soon as they received the City's offer packet. The owners voiced their dissatisfaction with the City in the past but stated that they were committed to working with the City on this project. They raised their concern over contacting their lender for it consent required on the conveyance. They felt that due to current Covid-19 circumstances, and related financial fall outs and hardships by their commercial tenants, they would rather not have to go through the lender approval process. After explanation of the necessity of the consent/release they conceded that they will follow the regulatory process. • Negotiation soon expanded into attorney fees,in which the owners requested a soft cap of$10,000 to start the review and furthermore they raised concerns regarding the possible additional impacts of the easement encumbrance and possible impacts to the future development of the property. alluding that the current the current offer value of the easement may not enough. • On June I. 2020, the City of Renton in response to the owner's concerns revised the scope of the take to minimize the easement acquisition and tighten up the easement language to eliminate issues of damage and to expedite the acquisition. A revised appraisal and review appraisal were ordered. • On June 29,2020, I present a revised offer of$51,000 to the owners electronically,the City's offer consisted of$7,000 for 832 SF of land fora Utility/Slope Easement, $19.000 for 4,619 SF of land for a Temporary Construction Easement (TCE), $25,000 for impacted site improvements. At that time,the City offered to reimburse attorney fees up to$2,500. 4idpGroup Northwest Acquisition and Relocation Services • July 8-10, 2020, after further negotiations, the owners agreed to, reimbursement up to $5,000 attorney fees if we can come to an amicable agreement within the next two weeks. The owner requested that the offer amount be raised to the original offer amount of$70,000. • On July 20, 2020, the owner decreased its demand to $60.000 plus $5,000 for attorney fees and sent redlined drafts of Purchase and Sale Agreement, Utility/Slope Easement, and Temporary Construction Easement. • On July 24,2020, the City proposed a settlement of$56.100, which is 10%over the offer amount and accepted most of the requested changes to the documents. In addition, the City will reimburse owner's attorney fees up to$5,000.This was followed by a concurrence by the owner. RECOMMENDATION/JUSTIFICATION The proposed administrative total settlement figure of$61,100.00, which is$5,100 or 10%above the offer amount includes$56,100 settlement plus a S5,000 attorney fees allowance. This doesn't include any fees associated to the partial release of the bank's security interest in the easement area,estimated $1,000 to be paid in escrow. This will expeditiously conclude the purchase of the property rights needed within the critical project timeline. As discussed with the City the proposed settlement is a low dollar amount compared to the risk of litigation and delays of the project. Time is of the essence,therefore this settlement is recommended,as it is reasonable and represents prudent use of the public funds.There is fairly high risk of the cost being higher than the proposed settlement if the purchase is delayed or the matter referred for Iitigation. As documented above, I find that proposed settlement request is consistent with the law and is reasonable, prudent,and in the public interest. Recommended: eir/q Sol.avi ,Senior Acquisition Agent Da e RES Group NW Administrative Settlement Approved: 8/27/2020 Armondo Pavone,Mayor Date City of Renton ATTEST: //6r;4 ,04 RENTON'(% Jason A.Seth,CityClerk 0 _ � r- : g • � ." ziF y�ORP pR A`t�,,`s { REAL ESTATE PURCHASE AND SALE AGREEMENT This Real Estate Purchase and Sale Agreement("Agreement") is made as of the date this instrument is fully executed by and between Argo Renton, LLC, a Delaware limited liability company, ("Seller"), and the City of Renton, a municipal corporation ("Buyer" or "City"), for purchase and sale of a permanent right of way easement, and a temporary construction easement over a portion of that certain real property situated in King County, Washington,legally described on Exhibit"A",attached hereto(the"Property"). The permanent utility/slope easement consists of 832 square feet and is legally described on Exhibit"B",attached hereto (the"Easement"), and will be granted by Seller to Buyer pursuant to the form of Utility/Slope Easement attached hereto as Exhibit"E". The temporary construction easement consists of 4,619 square feet and is depicted on Exhibit"C",attached hereto(the"TCE"), and will be granted by Seller to Buyer pursuant to the form of Temporary Construction Easement attached hereto as Exhibit "F". Collectively, the portions of the Property encumbered by the Easement and the TCE are referred to as the"Easement Areas." 1. PURCHASE PRICE: The total purchase price for the easements is Fifty-Six Thousand, One Hundred and No/100 Dollars ($56,100.00) ("Purchase Price"). The Purchase Price consists of the Easement valued at $7,000.00, the TCE valued at $19,000.00, and $25,000.00 for any improvements located within the easement areas, and additional $5,100.00 compensation in administrative settlement.The Purchase Price is payable at closing in cash. 2. CONVEYANCE OF TITLE: 2.1 Easements: At closing, Seller will execute and deliver to Buyer the Easement conveying and warranting good and marketable title to the Easement free and clear of all defects or encumbrances except for the lien of real estate taxes and drainage service charges not yet due and payable and those defects and/or encumbrances(if any) identified on Exhibit"D"attached hereto (collectively, "Permitted Exceptions"), provided that Seller's lender encumbering the Easement area agrees to release its lien against the Easement in its sole discretion (and Seller shall use commercially reasonable efforts to request such agreement from its lender). Additionally, the Seller will execute and deliver to Buyer the TCE for a period of twenty-four (24) consecutive months commencing forty-eight (48) hours after City of Renton and/or its contractors provide written notification to Seller of its intent to commence construction, provided that the TCE shall expire in any event no later than December 31, 2023. 2.2 Title Insurance: At closing, Buyer shall receive. (at Buyer's expense) an owner's Standard ALTA policy of title insurance, dated as of the closing date and insuring Buyer in the amount of the Purchase Price against loss or damage by reason of defect in Buyer's title to the Easement subject only to the printed exclusions appearing in the policy form and any Permitted Exceptions. } 3. CONTINGENCIES: { 3.1 This Agreement is subject to the following contingencies: Parcel No. 149450-0050-09 Page 1 of 29 A. Seller's lender encumbering the Easement area shall have agreed to release its lien against the Easement and delivered at closing such documents as are necessary for Buyer to obtain title insurance to the Easement free and clear of such lender's lien. B. Buyer shall have paid or reimbursed Seller for up to$5,000.00 of Buyer's legal fees incurred in connection with this Agreement and closing hereunder,and shall have paid or reimbursed all of the legal fees and other charges that Seller's lender encumbering the Easement area shall incur, impose or require in connection with Seller's lender considering releasing its lien encumbering the Easement area and/or actually releasing its lien encumbering the Easement area. Buyer covenants to pay the amounts described in this Section 3.1(B)whether or not there is a successful closing under this Agreement. 3.2 Removal of Contingencies: Buyer shall have a period of 60 days from the date all parties have signed this Agreement to satisfy all contingencies. Buyer may elect to waive the contingency of Section 3.1(A) in Buyer's discretion, but Buyer may only satisfy the contingency of Section 3.1(B)by actually having paid the amounts described therein. If the contingencies are not removed within this period,this Agreement shall be null and void. 4. RISK OF LOSS: Seller will bear the risk of loss of or damage to the Easement Areas prior to closing. In the event of such loss or damage to the Easement Areas, Seller shall promptly notify Buyer thereof and Buyer may, in its sole discretion, terminate this Agreement by giving ,€ notice of termination to the Seller. 5. SELLER'S REPRESENTATIONS, WARRANTIES AND COVENANTS: Seller represents, warrants, and covenants to the Buyer at the date of execution of this Agreement and the date of closing that: 5.1 Authority: Seller, and the person(s) signing on behalf of Seller, has full power and authority to execute this Agreement and perform Seller's obligations,and if Seller is a corporation, ( all necessary corporate action to authorize this transaction has been taken. 5.2 Leases: The Easement Areas are subject to a lease between ,N/A and N/A , recorded N/A , and any unrecorded leaseholds, rights of vendors and holders of security interest on personal property installed upon said Property,and right of tenants to remove trade fixtures at the expiration of the term. 5.3 No Material Defect: Seller has no actual, personal knowledge, with no duty of inquiry or investigation, of any material defect in the Property that Seller has not disclosed to Buyer, excluding any such material defects that are readily apparent upon a reasonably diligent visual inspection or that Buyer otherwise discovers before the closing. To the best of Seller's actual knowledge, with no duty of inquiry or investigation, the information regarding the Property as provided by Seller is complete,accurate,true and correct and does not fail to state any fact without which such information would be misleading. Other than the limited Seller representations made above in this Section 5.3 or in Section 5.5 below, Buyer is acquiring the Property, the Easement Parcel No. 149450-0050-09 Page 2 of 29 and TCE"AS IS", "WHERE IS"and"WITH ALL FAULTS",with no other representations or warranties by Seller, express or implied. 5.4 Debris and Personal Property: Seller will remove all debris and personal property, prior to each closing, located on the Easement Areas (if any) at Seller's cost and expense, and Seller will indemnify and hold Buyer harmless from all claims and expenses arising from such removal. 5.5 Contamination: To the best of Seller's actual personal knowledge,with no duty of inquiry or investigation, and except as discovered by Buyer before the closing, there has been no (a) generation,treatment,storage,or disposal of hazardous substances on the Property actually known to Seller, nor(b) any release of any hazardous substance onto or at the Easement actually known to Seller. To the best of Seller's actual personal knowledge, with no duty of inquiry or investigation,and except as discovered by Buyer before the closing, Seller is in compliance with all applicable laws, rules, and regulations regarding the handling of hazardous substances, has secured all necessary permits, licenses and approvals necessary to its operation on the Easement Areas, and is in compliance with such permits.To the best of Seller's actual personal knowledge, with no duty of inquiry or investigation, and except as discovered by Buyer before the closing, Seller has not received notice of any proceedings, claims, or lawsuits arising out of its operations on the Easement Areas. 5.6 Fees and Commissions: Seller shall pay for any broker's or other commissions or fees (subject to Section 3.1(B)above)incurred by the Seller in connection with the sale of the Easement and Seller shall indemnify and hold Buyer harmless from all such claims for commission and/or fees (subject to Section 3.1(B)above). 5.7 Indemnification: Seller and Buyer each agrees to indemnify, defend and hold harmless the other party, and their respective employees, agents, heirs and assigns, from and against any and all damage,claim, liability, or loss, including reasonable attorney's and other fees,arising out of or in any way connected to the breach of any representation or warranty by the indemnifying party contained herein. 5.8 Ownership; Non-Foreign Status: Seller owns the Property and has the right to sell the Property, and is not a foreign person as defined by the Foreign Investment in Real Property Tax Act, IRS Section 1445(b)(2) ("FIRPTA"), as amended. 6. CLOSING: 6.1 Time for Closing and Closing Agent: The sale will be closed in the office of the Closing Agent not later than twenty-one (21)days from the date all contingencies set forth in Paragraph 3 herein have been satisfied, or as soon thereafter as practicable. Buyer and Seller shall deposit in escrow with the Closing Agent all instruments, documents and moneys necessary to complete the sale in accordance with this Agreement. As used in this Agreement, "closing" and "date of closing" means the date on which all appropriate documents are recorded and proceeds of the sale are available for disbursement to Seller. The Closing Agent shall be: Parcel No. 149450-0050-09 Page 3 of 29 r• Chicago Title Company 10500 NE8th Street, Suite 600 Bellevue, WA 98004 6.2 Prorations: Closing Costs: Seller will pay real property taxes prorated through the date of closing. Buyer will pay the premium for its owner's title insurance policy,the cost of recording the Easement and the TCE from the Seller,real estate excise taxes(if any are due)and the Closing Agent's escrow fees. 6.3 Possession: Buyer shall be entitled to possession of the Easement and the TCE at closing. 6.4 Closing Obligations of Buyer: On or before Closing the Buyer shall deliver to the Closing Agent the following: 6.4.1 All funds required to be paid by Buyer under this Agreement, in cash. 6.4.2 A Closing Statement in form and content reasonably satisfactory to the parties. 6.4.3 A Real Estate Excise Tax Affidavit executed by the Buyer in the form required by law. 6.4.4 Any other documents necessary to effect the transaction contemplated in this Agreement. 6.5 Closing Obligations of Seller: At closing, Seller shall deliver to Escrow Agent the following duly executed and acknowledged documents(where appropriate): 6.5.1 The Easement and the TCE required under Paragraph 2.1 of this Agreement. 6.5.2 A Closing Statement in form and content reasonably satisfactory to the parties. 6.5.3 A FIRPTA certification. 6.5.4 A Real Estate Excise Tax Affidavit executed by Seller in the form required by law. 6.5.5 Any other documents necessary to effect the transaction contemplated in this Agreement, provided that Seller shall not be liable for any failure or refusal of Seller's lender encumbering the Easement area to agree to release its lien against the Easement area or to actually release its lien against the Easement area (other than Seller shall request the same), those decisions being solely up to such lender in such lender's sole discretion. 7. NOTICES: All notices, demands, consents, approvals and other communications which are required or desired to be given by either party to the other under this Agreement shall be in writing and shall be hand delivered or sent by United States regular mail, postage prepaid,return receipt requested, or by email transmission, addressed to the appropriate party at its address set Parcel No. 149450-0050-09 Page 4 of 29 forth below,or at such other address as such party shall have last designated by notice to the other. Notices, demands, consents, approvals, and other communications shall be deemed given when delivered, or three days after mailing,or on the day that an email transmission is received,to or at the following addresses: TO SELLER: TO BUYER: Argo Renton, LLC City of Renton do Dayna Desmond, Director of Asset Public Works Department Management, Argonaut Investment LLC Attn: Flora Lee 101 Larkspur Landing Circle, Suite 120 1055 South Grady Way Larkspur, CA 94939 Renton, WA 98057 415-945-2473 Telephone: (425)430-7303 ddesmond@argoinvest.com Email: FLee@Rentonwa.gov 8. GENERAL: This is the entire agreement of the Buyer and Seller with respect to the Easement and supersedes all prior or contemporaneous agreements between them,written or oral. This Agreement may be modified only in writing, signed by Buyer and Seller. Any waivers under this Agreement must be in writing. A waiver of any right or remedy in the event of a default will not constitute a waiver of such right or remedy in the event of any subsequent default. This Agreement is for the benefit of, and binding upon, Buyer and Seller and their heirs, personal representatives,successors and assigns. The invalidity or unenforceability of any provision of this Agreement will not affect the validity or enforceability of any other provision. Time is of the essence in this Agreement. This Agreement may be executed in one or more counterparts,each of which will be considered an original instrument and all of which together will be considered the same agreement. 9. WASTE; ALTERATION OF EASEMENT: Prior to closing, Seller shall not commit waste on the Easement Areas, nor shall Seller remove trees or other vegetation, coal, minerals or other valuable materials nor shall Seller substantially alter the surface or subsurface of the Easement Areas without the express written consent of Buyer. 10. SURVIVAL OF WARRANTIES: The terms, covenants, representations and warranties shall not merge in the deed of conveyance, but shall survive closing. 11. TERMINATION OF OFFER: This offer shall terminate if not accepted by Seller on or before 12. EFFECTIVE DATE: The Effective Date is the date of the last Parties' signature below. Parcel No. 149450-0050-09 Page 5 of 29 Signed in duplicate original. BUYER: City of Renton, a municipal Corporation ATTEST: By: Its Armond()Pavone,Mayor August 27, 20 Jason A. Seth, City Clerk Date 20 s` ON T04; SELLER: Argo Renton, LLC, a Delaware limited - �v liability company `yGQ • By: SUNCOR PARTNERS, LLC, a Delaware limited liability company Its: Manager By: CORVALLIS SUNSET PARTNERS, LLC, an Oregon limited liability company Its: Manager By: Argonaut Investments,LLC, a Delaware limited liability, �mpany (with respect to Series 2) Its: Manager By: Na e: ep ten B.J e er' Title: Manager EXHIBITS: Exhibit A, Property Legal Description Exhibit B, Right of Way Easement Legal Description Exhibit C, Temporary Construction Easement Depiction Exhibit D,Permitted Exceptions Exhibit E, Utility/Slope Easement Exhibit F,Temporary Construction Easement Parcel No. 149450-0050-09 Page 6 of 29 CORPORATE ACKNOWLEDGMENT STATE OF ►ss. COUNTY OF I certify that I know or ave satisfactory evidence that is ill, person who appeared before me, and said person acknowledged that they signed this instrui ent,on oath stated that they were authorized to execute the instrument and acknowledged i as the of , to be their free and voluntary act of such party for the uses and purposes mentioned in th instrument. DATED this day of , 20 . (SEAL) Notary Public Printed Name Residing at My appointment expires C� x\\ e,s7/ Parcel No. 149450-0050-09 Page 7 of 29 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 Hill *404014 4iit 9 9:44:4 43 F~#0 0Mittl fa0010 itti 01431~0 F A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California County of aIIR/N On Any vs 13. 2O Le. before me,.JO.SP p h T. (.ow,h/%►, /th 41Z y PA,/e , Date Here Insert Name and Title of the Officer personally appeared Ste, h ' ig _ � 4eiee" Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person($.whose names)-is/are subscribed to the within instrument and acknowledged to me that he/skretttley executed the same in his/herithreir authorized capacity(ies),and that by his/hedt eir signature(s)on the instrument the person(s),or the entity upon behalf of which the persons)acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing JOSEPH T.LAUGHUN paragraph is true and correct. , 'a Notary Public-California , < f - Mann County `ram j,r'' Commission if 2294106 WITNESS my hand and official seal. My Comm.Expires Jul 16,2023 Signature Place Notary Seal and/or Stamp Above t Signo of Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer—Title(s): 0 Corporate Officer—Title(s): ❑ Partner— ❑ Limited 0 General ❑ Partner— 0 Limited 0 General ❑ Individual 0 Attorney in Fact 0 Individual 0 Attorney in Fact O Trustee 0 Guardian or Conservator 0 Trustee 0 Guardian or Conservator O Other: 0 Other: Signer is Representing: Signer is Representing: IPEi0ri4 0 3dti0f•. _ . - , . : . . . . . . . . . . . ... . . . . . . . . . . . .• . ©2018 National Notary Association • • EXHIBIT"A" PROPERTY LEGAL DESCRIPTION EXHIBIT A • PROPERTY DESCRIPTION SW 1/4 OF SEC. 03, T. 23 N., R. 05 E.,W.M. CITY OF RENTON, KING COUNTY,WA LOT 5 OF CENTRAL HIGHLANDS PLAZA, PER AMENDED BINDING SITE PLAN RECORDED UNDER VOLUME 176 OF PLATS, PAGES 76-77, KING COUNTY RECORDS OF KING COUNTY, WASHINGTON. • • k ' f , 44r 46889 0 t Fss� atST�'��5�$ aN!14 A410 645% 62.0 { Parcel No. 149450-0050-09 Page 8 of 29 i .. f • EXHIBIT"B" UTILTY/SLOPE EASEMENT LEGAL DESCRIPTION EXHIBIT B FOR UTILITY/SLOPE EASEMENT SW 1/4 OF SEC. 03, T. 23 N., R. 05 E.,W.M. CITY OF RENTON, KING COUNTY,WA A PORTION OF LOT 5 OF CENTRAL HIGHLANDS PLAZA, PER AMENDED BINDING SITE PLAN RECORDED UNDER VOLUME 176, PAGES 76-77, KING COUNTY RECORDS, SAID PORTION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 5, ALSO BEING THE WESTERLY MARGIN OF DUVALL AVENUE NORTHEAST; THENCE NORTH 01'19'44" EAST 16.37 FEET ALONG SAID WESTERLY MARGIN TO THE TRUE POINT OF BEGINNING; THENCE NORTH 88'40'16" WEST 5.00 FEET; THENCE NORTH 01'19'44" EAST 17.00 FEET; THENCE SOUTH 88'40'16" EAST 5.00 FEET TO SAID WESTERLY MARGIN; THENCE SOUTH 01'19'44" WEST 17.00 FEET ALONG SAID WESTERLY MARGIN TO THE TRUE POINT OF BEGINNING; TOGETHER WITH A PORTION OF SAID LOT 5 BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 5, ALSO BEING SAID WESTERLY MARGIN; THENCE NORTH 0119144" EAST 86.27 FEET ALONG SAID WESTERLY MARGIN TO THE TRUE POINT OF BEGINNING; THENCE NORTH 88'406" WEST 3.00 FEET; THENCE NORTH 01'19144" EAST 16.27 FEET; THENCE NORTH 88'40'16" WEST 2.00 FEET; THENCE NORTH 01'19'44" EAST 15.00 FEET; THENCE SOUTH 88'40'16" EAST 5.00 FEET TO SAID WESTERLY MARGIN; THENCE SOUTH 01'19'44"WEST 31.27 FEET ALONG SAID WESTERLY MARGIN TO THE TRUE POINT OF BEGINNING; TOGETHER WITH A PORTION OF SAID LOT 5 BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 5, ALSO BEING SAID WESTERLY MARGIN; THENCE NORTH 01'19'44" EAST 194.02 FEET ALONG SAID WESTERLY MARGIN TO THE TRUE POINT OF BEGINNING; THENCE NORTH 88'40'16" WEST 3.00 FEET; THENCE NORTH 01'19'44" EAST 17.00 FEET; THENCE SOUTH BF40'16' EAST 2.00 FEET; THENCE NORTH 01'19'44" EAST 41.43 FEET; THENCE SOUTH 88'40'16" EAST 1.00 FEET TO SAID WESTERLY MARGIN; THENCE SOUTH 01'19'44" WEST 58.43 FEET ALONG SAID WESTERLY MARGIN TO THE TRUE POINT OF BEGINNING; TOGETHER WITH A PORTION OF SAID LOT 5 BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 5 ALSO BEING SAID WESTERLY MARGIN; THENCE SOUTH 04'46'55"WEST 157.93 FEET ALONG SAID WESTERLY MARGIN TO A POINT ON A TANGENT CURVE TO THE LEFT, WITH A RADIUS OF 1642.00 FEET; Parcel No. 149450-0050-09 Page 9 of 29 EXHIBIT`B" (CONTINUED) UTILTY/SLOPE EASEMENT LEGAL DESCRIPTION EXHIBIT B CON'T FOR UTILITY/SLOPE EASEMENT SW 114 OF SEC. 03, T. 23 N., R. 05 E.,W.M. CITY OF RENTON, KING COUNTY, WA THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 01'19'53", AN ARC LENGTH OF 38.16 FEET ALONG SAID WESTERLY MARGIN TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ON SAID CURVE TO THE LEFT WITH A RADIUS OF 1642.00 FEET, THROUGH A CENTRAL ANGLE OF 02'17'18", AN ARC LENGTH OF 65.58 FEET ALONG SAID WESTERLY MARGIN; THENCE SOUTH 01'19'44" WEST.34.48 FEET ALONG SAID WESTERLY MARGIN; THENCE NORTH 88'40'16" WEST 5.00 FEET; THENCE NORTH 01'20'08" EAST 40.00 FEET; THENCE SOUTH 88'40'16" EAST 3.00 FEET TO A POINT ON A NON—TANGENT CURVE TO THE RIGHT WITH A RADIUS OF 1644.00 FEET, THE CENTER OF WHICH BEARS SOUTH 88'28'44" EAST; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 2'05'46", AN ARC LENGTH OF 60.14 FEET; THENCE SOUTH 88'22'58" EAST 2.00 FEET TO SAID WESTERLY MARGIN AND THE TRUE POINT OF BEGINNING; TOGETHER WITH A PORTION OF SAID LOT 5 BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 5 ALSO BEING SAID WESTERLY MARGIN; THENCE SOUTH 04'46'55" WEST 40.47 FEET ALONG SAID WESTERLY MARGIN TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTHERLY ALONG SAID WESTERLY MARGIN SOUTH Q4'56'55" WEST 113.39 FEET; THENCE NORTH 85'03'06" WEST 3.00 FEET; THENCE NORTH 04'56'55" EAST 9.39 FEET; THENCE SOUTH 85'03'05" EAST 2.00 FEET; THENCE NORTH 04'56'55" EAST 32.98 FEET; THENCE NORTH 85'03'05" WEST 4.00 FEET; THENCE NORTH 0456'55" EAST 15.00 FEET; THENCE SOUTH 85'03'05" EAST 4.00 FEET; THENCE NORTH 04'56'55" EAST 47.02 FEET; THENCE NORTH 85'03'05° WEST 2,00 FEET; THENCE NORTH 85'03'05" EAST 9.00 FEET; THENCE SOUTH 04'56'55" EAST 3.00 FEET TO SAID WESTERLY MARGIN AND THE TRUE POINT OF BEGINNING. CONTAINING 832 SQUARE FEET, MORE OR LESS. yps04 9ASq/4: Z ti . tit %. 46fi89 1, ad .�e� �. (Q'15-2AZ0., Parcel No. 149450-0050-09 Page 10 of 29 i EXHIBIT"C" TEMPORARY CONSTRUCTION EASEMENT DEPICTION EXHIBIT C TEMPORARY CONSTRUCTION EASEMENT SW 114 OF SEC. 03, T. 23 N., R. 05 E., W.M. CITY OF RENTON, KING COUNTY, WA 'L61 %�� T.P.O.B. §.4 / ' L40 139 159 • 'f. L41 0 IV 100' L58 ' 142 w9----10�0�- 157 40 f L43 Parametrix 155 i C44 ( APN 1494500050 ) j L46 145 ARGO RENTON LLC1 L48 L47 ' 4601 NE SUNSET BLVD 98059 . ! L5Qj,L49 L$3 N 151 t S8r25`431 4-'1.`' LOT 5 tout) L52 CENTRAL HIGHLANDS PLAZA 1 • - AMENDED BSP VOL 176, PGS 76-77 119 I W Z L18 • . 1_ L20._ W L17 4, L21. i > L16, f ' 122 IJ L15 1 I ! L23 L11 L25 = ._::,,,,:fa3i,,.<,,, L10 1 %i 126' 4.. $ 41 127 1 II c� ov ra4� i . . 19 , i CI Y� I' ,'� t ,14r`' 3 17 1 L29 m j7 L6' '.�I, L31 L30 ., 46859 ,° L5 3 L32 `, `0(SSSRW 4�3`' s /•'.°NAB^ AND - ___. -- - L4 , 1 .__.._ _ _.... _ ____ % 1371 LEGEND 1L2 L38 ,. T.P,O.B. TRUE POINT OF BEGINNING L1 1 I i ���/orif eedy,44. TETEALCMYNIOANSTRUCTION T.P.O.B. , — — EXISTING RIGHT OF WAY LINE • --- - - -• - --- CENTERLINE • _-___— PROPERTY LINE TOTAL AREA ( APN XXXXXXXXXXX ) KING COUNTY TAX PARCEL NUMBER . 4,619 SQ. FT. Parcel No. 149450-0050-09 Page 11 of 29 EXHIBIT"D" PERMITTED EXCEPTIONS/TITLE REPORT 1. Subject to:Covenants,conditions,restrictions,recitals,reservations,easements or other servitudes. If any,disclosed by the recorded Plat of Joseph P. Marshall Tracts; under the recording no.3250442. 2. Subject to:May Creek Flood Zone District,flood control works under the recording no.5943056. 3. Subject to: May Creek Flood Control Zone District,flood control works under the recording no.5943057. 4. Subject to:Covenants,conditions,restrictions,and easements but omitting any covenants or restriction, if any set forth in said covenants or restrictions is permitted by applicable law,as set forth in the document under the recording no.7708190846. 5. Subject to: Easements and the terms and provisions thereof under the recording no.7709210680, modified under the recording no.8104290507 and 9604300819. 6. Subject to:City of Renton Storm Sewer Easement under the recording no. 7711160658. 7. Subject to:City of Renton Water Line Easement under the recording no.7711160659. 8. Subject to:Puget Sound Power&Light for Electrical transmission and distribution Easements under the recording no.7807030820. 9. Subject to:Puget Sound Power&Light for Electrical transmission and distribution Easements under the recording no.7903060809. 10. Subject to:Covenants,conditions,restrictions,recitals,reservations,easements,easement provisions, dedications, if any,and disclosed and set forth on Central Highlands Plaza Short Plat 1:under the recording no. 8002269014. 1 I. Subject to:Ordinance No.4025 under the recording no.8612031455. 12. Subject to:Covenants,conditions,restrictions,recitals,reservations,easements,easement provisions, dedications,if any,and disclosed and set forth on Central Highlands Plaza Binding Site Plan: under the recording no.8805200326,Amendment under the recording no.9604290131. 13. Subject to:Amendment to Binding Site Plan under the recording no.9605081004. 14. Subject to:Puget Sound Energy Easement for Transmission,distribution and sale of gas under the recording no.20111006000430. i • Parcel No. 149450-0050-09 Page 12 of 29 } EXHIBIT"E" Grantor(s): Argo Renton,LLC Grantee(s): City of Renton Legal Description:Lot 5,Central Highlands Plaza BSP(176/76) Assessor's Tax Parcel Number: 149450-0050-09 Reference Number of Related Documents: N/A UTILITY/SLOPE EASEMENT Duvall Avenue NE Project The Grantor(s),Argo Renton.LLC, for and in consideration of$10.00 and other valuable consideration, receipt of which is hereby acknowledged, does hereby grant and convey unto the City of Renton,a municipal corporation,and its successors and assigns (the Grantee"), from the property legally described on Exhibit "A" — Entire Parcel (the "Property"), attached hereto and incorporated by this reference, a permanent utility easement, for the purposes described below, over, in, on,along, across,through,below and upon,the portion of the Property legally described { on Exhibit"B", (the"Utility Easement")and depicted on Exhibit"C", which are attached hereto and incorporated by this reference. The Grantee and its agents, designees and/or assigns, shall have the right at such times as deemed necessary by Grantee, to enter upon, over, under and across the Utility Easement to inspect, construct,reconstruct,grade and slope,operate, use,maintain,repair, replace and enlarge the utilities contained within the Utility Easement area for grade and slope, street lights, utilities (including without limitation water, sewer, storm water, electric, gas, telecommunications, cable and fiber optics, either owned or operated by Grantee or those utilities which provide service to Grantee or its citizens and are operated by permission of Grantee through franchise or permit), together with the right of ingress and egress thereto without prior institution of any suit or proceedings and without incurring any legal obligation or liability therefore. THIS EASEMENT is executed and delivered and said easement is granted upon the following conditions to wit: 1. Grantee, its agents and employees, assigns and successors shall, as soon as practicable, after installation of the utilities and all subsequent alterations and repairs thereto, restore (at Grantee's sole cost) all Property to the Grantor to a neat and presentable condition, in condition substantially similar(to the extent practicable)to that existing prior to any exercise(s)by Grantee of the rights granted hereunder to Grantee (including without limitation by replanting and reinstalling similar landscaping and irrigation improvements as currently exist, to the extent damaged or removed by Grantee's exercise of rights hereunder). 2. Grantor shall not interfere in any material or substantial manner with the easement rights granted to Grantee and the public in this Utility Easement. Without limitation, Grantor shall not (1) erect or maintain any buildings, structures, or improvements within the Utility Easement; (2) disturb the lateral or subjacent support of the utilities and other improvements and uses of the Parcel No. 149450-0050-09 Page 13 of 29 Utility Easement by Grantee, or undertake any form of construction or other activity that disturbs or damages the utilities, or other improvements or uses of the Utility Easement by Grantee; or(3) plant trees, shrubs, or other vegetation having deep root patterns that will cause damage to or interfere with the use of the utilities installed by Grantee in the Utility Easement. 3. The rights granted herein shall not be construed to interfere with or restrict the Grantor, its heirs, executors,administrators, successors and assigns from the use of the Property outside of the • Utility Easement area for the construction and maintenance of property improvements outside of the Utility Easement area. 4. This Utility Easement and the rights, obligations and covenants stated in this Utility Easement shall run with the land and shall be binding upon and shall inure to the benefit of the Grantor and Grantee. This Utility Easement shall be recorded with the King County Recorder's Office. 5. It is understood and agreed that delivery of this Utility Easement is hereby tendered and that the terms and obligations hereof shall not become binding upon City of Renton unless and until approved hereon in writing by City of Renton (as evidenced by its signature below). 6. Grantee shall be responsible at Grantee's sole cost and expense: (1)to maintain the utilities in Utility Easement area described herein at all times in good, safe, legal and sightly condition and will promptly restore any portion(s) of said Utility Easement area that are from time to time affected by Grantee's exercise of its rights under this Utility Easement; and (2) to indemnify, defend and hold harmless Grantor, its members,managers,employees,agents,tenants,successors and assigns,and any mortgagee secured by Grantor's Property,from and against any and all losses, liabilities,claims,actions,damages and expenses(including without limitation attorneys' fees and costs) to the extent caused to or suffered by any such indemnified party by reason of Grantee's exercise of its rights under this Utility Easement. Grantor expressly reserves the right to access, cross over and use the Utility Easement area described herein (and all air space above the same) for all purposes that do not unreasonably impair or interfere with the rights of Grantee under this Easement Agreement. Parcel No. 149450-0050-09 Page 14 of 29 Dated: ,2020. Grantor:Argo Renton,LLC,a Delaware limited liability company By: SUNCOR PARTNERS,LLC, a Delaware limited liability company Its: Manager By: CORVALLIS SUNSET PARTNERS, LLC, an Oregon limited liability company Its: Manager By: Argonaut Investments, LLC, a Delaware limited liability company(with respect to Series 2) Its: Manager By: Name: Stephen B.Jaeger Title: Manager Accepted and Approved City of Renton By Its Date Parcel No. 149450.0050-09 Page 15 of 29 } CORPORATE ACKNOWLEDGMENT STATE OF ss. COUNTY OF I certify that I know or have satisfactory evidence that is the person who appeared before me,and said person acknowledged that they signed this instrument,on oath stated that they were authorized to execute the instrument and acknowledged it as the of to be their free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED this day of ,20 . (SEAL) Notary Public Printed Name Residing at_ { My appointment expires INDIVIDUAL ACKNOWLEDGMENT { STATE OF ss. COUNTY OF On this day personally appeared before me ,to me known to be the individual(s) described in and who executed the within and foregoing instrument, and acknowledged that he/she/they signed the same as his/her/their free and voluntary act and deed, for the uses and purposes therein mentioned. DATED this day of 20 (SEAL) Notary Public Printed Name Residing at My appointment expires Parcel No. 149450-0050-09 Page 16 of 29 EXHIBIT "A" ENTIRE PARCEL EXHIBIT A { FOR UTILITY/SLOPE EASEMENT SW 1/4 OF SEC. 03, T. 23 N., R. 05 E.,W.M. CITY OF RENTON, KING COUNTY,WA LOT 5 OF CENTRAL HIGHLANDS PLAZA, PER AMENDED BINDING SITE PLAN RECORDED UNDER VOLUME 176, PAGES 76-77, KING COUNTY RECORDS OF KING COUNTY, WASHINGTON. ti or 1aW"'1) Safi 3F,883 ' ;+� J4� 646-202-0 2CLtYL'd✓/.. i11 EXHIBIT"B" EASEMENT LEGAL DESCRIPTION Parcel No. 149450-0050-09 Page 17 of 29 EXHIBIT B FOR UTILITYISLOPE EASEMENT SW 114 OF SEC. 03, T. 23 N., R. 05 E., W.M. CITY OF RENTON, KING COUNTY,WA A PORTION OF LOT 5 OF CENTRAL HIGHLANDS PLAZA, PER AMENDED BINDING SITE PLAN RECORDED UNDER VOLUME 176, PAGES 76-77, KING COUNTY RECORDS, SAID PORTION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 5, ALSO BEING THE WESTERLY MARGIN OF DUVALL AVENUE NORTHEAST; THENCE NORTH 01'19'44" EAST 16.37 FEET ALONG SAID WESTERLY MARGIN TO THE TRUE POINT OF BEGINNING; THENCE NORTH 88'40'16"WEST 5.00 FEET; THENCE NORTH 01'19'44" EAST 17,00 FEET; THENCE SOUTH 88'40'16" EAST 5.00 FEET TO SAID WESTERLY MARGIN; THENCE SOUTH O1'19'44" WEST 17.00 FEET ALONG SAID WESTERLY MARGIN TO THE TRUE POINT OF BEGINNING; TOGETHER WITH A PORTION OF SAID LOT 5 BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 5, ALSO BEING SAID WESTERLY MARGIN; THENCE NORTH 01'19'44" EAST 86.27 FEET ALONG SAID WESTERLY MARGIN TO THE TRUE POINT OF BEGINNING; THENCE NORTH 86'4016" WEST 3.00 FEET; THENCE NORTH'0119'44" EAST 16,27 FEET; THENCE NORTH 88'40'16" WEST 2.00 FEET; THENCE NORTH 01'19'44" EAST 15,00 FEET;THENCE SOUTH 88'40'16' EAST 5.00 FEET TO SAID WESTERLY MARGIN; THENCE SOUTH 01'19'44"WEST 31.27 FEET ALONG SAID WESTERLY MARGIN TO THE TRUE POINT OF BEGINNING; TOGETHER WITH A PORTION OF SAID LOT 5 BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 5, ALSO BEING SAID WESTERLY MARGIN; THENCE NORTH 01'19'44" EAST 194.02 FEET ALONG SAID WESTERLY MARGIN TO THE TRUE POINT OF BEGINNING; THENCE NORTH 88'40'16" WEST 3.00 FEET; THENCE NORTH 01'19'44" EAST 17.00 FEET; THENCE SOUTH 88'40'16" EAST 2.00 FEET; THENCE NORTH 01'19'44" EAST 41.43 FEET; THENCE SOUTH 88'40'16" EAST 1.0D FEET TO SAID WESTERLY MARGIN; THENCE SOUTH 01'19'44" WEST 58.43 FEET ALONG SAID WESTERLY MARGIN TO THE TRUE POINT OF BEGINNING; TOGETHER WITH A PORTION OF SAID LOT 5 BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 5 ALSO BEING SAID WESTERLY MARGIN; THENCE SOUTH 04'46'55" WEST 157.93 FEET ALONG SAID WESTERLY MARGIN TO A POINT ON A TANGENT CURVE TO THE LEFT, WITH A RADIUS OF 1642.00 FEET; EXHIBIT `B" EASEMENT LEGAL DESCRIPTION Parcel.No. 149450-0050-09 Page 18 of 29 { EXHIBIT B CON'T FOR UTILITY/SLOPE EASEMENT SW 1/4 OF SEC. 03,T. 23 N., R. 05 E.,W.M. CITY OF RENTON, KING COUNTY, WA THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 01'19'53", AN ARC LENGTH OF 38.16 FEET ALONG SAID WESTERLY MARGIN TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ON SAID CURVE TO THE LEFT WITH A RADIUS OF 1642.00 FEET, THROUGH A CENTRAL ANGLE OF 02'17'18", AN ARC LENGTH OF 65,58 FEET ALONG SAID WESTERLY MARGIN; THENCE SOUTH 01'19'44" WEST 34.48 FEET ALONG SAID WESTERLY MARGIN; THENCE NORTH 88'40'16" WEST 5.00 FEET; THENCE NORTH 01'20'O8" EAST 40.00 FEET; THENCE SOUTH 88'40'16° EAST 3.00 FEET TO A POINT ON A NON—TANGENT CURVE TO THE RIGHT WITH A RADIUS OF 1644.00 FEET, THE CENTER OF WHICH BEARS SOUTH 88'28'44" EAST; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 2'05'46°, AN ARC LENGTH OF 60.14 FEET; THENCE SOUTH 88'22'58" EAST 2.00 FEET TO SAID WESTERLY MARGIN AND THE TRUE POINT OF BEGINNING; TOGETHER WITH A PORTION OF SAID LOT 5 BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 5 ALSO BEING SAID WESTERLY MARGIN; THENCE SOUTH 04'46'55" WEST 40.47 FEET ALONG SAID WESTERLY MARGIN TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ( SOUTHERLY ALONG SAID WESTERLY MARGIN SOUTH 04'56'55" WEST 113.39 FEET; THENCE NORTH 85'03'06" WEST 3.00 FEET; THENCE NORTH 04'56'55" EAST 9.39 FEET; THENCE SOUTH 85'03'05" EAST 2.00 FEET; THENCE NORTH 04'56'55" EAST 32.98 FEET; THENCE NORTH 85'03'05" WEST 4.00 FEET; THENCE NORTH 04'56'55" EAST 15.00 FEET; THENCE SOUTH 85'03'05" EAST 4.00 FEET; THENCE NORTH 04'56'55" EAST 47,02 FEET; THENCE NORTH 85'03'05° WEST 2.00 FEET; THENCE NORTH 85'03'05° EAST 9.00 FEET; THENCE SOUTH 04'56'55" EAST 3.00 FEET TO SAID WESTERLY MARGIN AND THE TRUE POINT OF BEGINNING. CONTAINING 832 SQUARE FEET, MORE OR LESS. e�sp. "- a 0T: f `ASS : 15T f ' anal �t�da Parcel No. 149450-0050-09 Page 19 of 29 EXHIBIT"C" GRAPHIC DEPICTION EXHIBIT C FOR UTILITY/SLOPE EASEMENT SW 1/4 OF SEC. 03, T. 23 N., R. 05 E., W.M. CITY OF RENTON, KING COUNTY,WA __ P.O.C. 133 40S6'S5 Vi 40,47' L32 -T,P.O,B. ri 0... O L3D 131 1"=100' 1.28 Parametrix L28 1 2 L27 •( APN 1494500050 ) 126 L25 ARGO RENTON LLC L24 4601 NE SUNSET BLVD 98059 121 T.P.O.B.. c2 CENTRAL HIGHLANDS PLAZA T 5 SBB2844 Z (RADtA1 I). AMENDED BSP VOL 176, PGS 76-77 L20 Lis #f(( ¢ 1 L17 J J i i L1J U6� 0 LT2 1 LP.O.B, LII Le L10, I l7 , T.P.O.B. LOT 5 `5 I _�tj L4 { APN 1494500050' ), "' NDt'1s'44'E 16.37' �- _ -T --- U-/ P.O.C. TOTAL AREA LEGEND 832 SQ. FT, P.D.C. POINT OF COMMENCEMENT C 4 Tvov e1..ns.1 4.<'Y T.P,O,B. TRUE POINT OF BEGINNING � �w' Ki , r 4, PERMANENT EASEMENT AREA PROPOSED PERMANENT EASEMENT LINE — EXISTING RIGHT OF WAY LINE 4I389 P4 --- CENTERLINE "Fas0Ms''tguF�ga - --- _—. — PROPERTY LINE fi "NAL LAd 7 { APN XXXXXXXXXXX ) KING COUNTY TAX PARCEL NUMBER b-i •2o2d' Parcel No. 149450-0050-09 Page 20 of 29 { EXHIBIT "C" GRAPHIC DEPICTION EXHIBIT C CON'T FOR UTILITY/SLOPE EASEMENT SW 1/4 OF SEC. 03, T. 23 N., R. 05 E.,W.M. CITY OF RENTON, KING COUNTY, WA Line Table Line Table Line Table Line# Length Direction Line# Length Direction Line#. Length Direction LI 5.00 N8810'161W LI2 17.00 N01.19'44'E L23 3,00 N85'03'0511( L2 - 17.00 NO1'19'441 LI3 2.00 S8640'16'E L24 9.39 N04'56'S51 1.3 5.00 S8540'16'E L14 41,43 N01'19'441 L25 2.00 S8503'05E L4 17.00 901'19'44"W 1.15 1.00 588'40'16'E L26 32.9E N04'56'55E 6 - 3.00 N8840'161W L16 58.43 90119'44 W L27 4.00 N85'03'05 9 L6 16.27 N01'19'44"E 117 34.48 S01'19'44'W 128 15.00 N04'56'55E k n L7 2.00 •N88'40'1819 L18 5.00 N8810'1619 129 4.00 S85'03'05E L8 15.00 ND1.19'44'E 119 40.00 NW' L30 47.02 N04'56'55E • L9 5.00 :588'40'16'E L20 3,00 S88'40.161 L31 2.00 N85'03'051,1 L10 31.27 '501'19'44'W 1.21 2.00 586'22'58`E L32 9.00 N04'56'55E 111 3.00 :NBB'40'161V L22 113.39 904'56'55 i L33 3.00 S85'03'05E Curve Table Curve# Length Radius Delta C1 65.58 1642.00 021718' C2 60.14 1644.00 0705'46n r, r. q Q. 46t389 k�l�tA> Parcel No. 149450-0050-09 Page 21 of 29 EXHIBIT"F" Grantor(s): Argo Renton,LLC Grantee(s): City of Renton Legal Description: Lot 5,Central Highlands Plaza BSP(176/76) Assessor's Tax Parcel Number: 149450-0050-09 Reference Number of Related Documents: N/A TEMPORARY CONSTRUCTION EASEMENT Duvall Avenue NE Project("Project") This Temporary Construction Easement(the"Construction Easement"), is made and entered into this day of 2020, by and between Argo Renton, LLC, a Delaware limited liability company, ("Grantor"), and the City of Renton, a municipal corporation ("City" or"Grantee"). For Good and Valuable Consideration, receipt of which is hereby acknowledged, Grantor, as the owner of that certain real property legally described on Exhibit "A" — Entire Parcel ("Property"), attached hereto and incorporated by this reference, does hereby grant to the City, a four thousand six hundred nineteen(4,619)square foot temporary easement area for minor clearing and grubbing and excavation and fill and construction purposes in, on, over, through and across that portion of the Property described on Exhibit"B" ("Easement Area") and depicted on Exhibit "C",which are attached hereto and incorporated by this reference,for the purpose of a Temporary Construction Easement; protecting existing public and private improvements in the immediate vicinity of the Project area; and repairing, restoring and/or reestablishing any improvements disturbed while undertaking the Project activities described above. The temporary rights granted in this Construction Easement shall be effective upon execution by the parties.Grantee and/or its contractors shall provide forty-eight(48)hours written notice to the Grantor of its intent to commence construction. The temporary rights granted to the Grantee hereunder shall automatically expire and terminate and be null and void upon("Expiration Date")the earlier of(i)twenty four(24)consecutive months after the such date of commencement ( set forth in such written notice,or(ii)December 31.2023. The Grantee agrees to hold harmless, indemnify and defend the Grantor, its members, managers, employees, agents, tenants, successors and assigns, and any mortgagee secured by Grantor's Property, from and against any and all claims, actions, damages, expenses (including reasonable attorneys'fees), losses or liability,,arising out of the exercise of Grantee's rights under this Construction Easement or any willful misconduct or negligent act, error, or omission of the Grantee, its officers, agents, contractors, subcontractors, licensees, or employees, in connection with the Grantee's activities authorized by this Construction Easement, provided, however,that: (a) The Grantee's obligations to indemnify, defend and hold harmless shall not extend to injuries, sickness, death or damage caused by or resulting from the sole willful misconduct or sole negligence of the Grantor;and Parcel No. 149450-0050-09 Page 22 of 29 (b) The Grantee's obligations to indemnify, defend and hold harmless for injuries, sickness,death or damage caused by or resulting from the concurrent negligence or willful misconduct of the Grantee and the Grantor, or of the Grantee and a third party other than an officer,agent,contractor or employee of the Grantee,shall apply only to the extent of the negligence or willful misconduct of the Grantee(including an officer, agent, contractor or employee of the Grantee). Grantee shall, at its sole cost and upon completion of the work within the Easement Area (but in no event later than the Expiration Date), fully restore the surface and subsurface of the Easement Area and any public or private improvements disturbed by or destroyed during the execution of the work, as nearly as practicable, to the conditions as of the effective date of this easement. Grantor expressly reserves the right to access, cross over and use the Easement Area described herein(and all air space above the same)for all purposes that do not unreasonably impair or interfere with the rights of Grantee under this Easement Agreement. It is the intention of the parties that this document be strictly limited to and for the purposes expressed. This Construction Easement and covenants herein shall be recorded with the King County Recorder, shall run with the land described herein, and shall be binding upon the parties, their successors, heirs and assigns. Grantor covenants that it is the lawful owner of the above-described property and has authority to convey such easement. It is understood and agreed that delivery of this Construction Easement is hereby tendered and that the terms and obligations hereof shall not become binding upon the City of Renton,unless and until accepted and approved hereon in writing by the City of Renton (as evidenced by its signature below). Dated: ,2020 Grantor: Argo Renton,LLC,a Delaware limited liability company By: SUNCOR PARTNERS,LLC, a Delaware limited liability company Its: Manager By: CORVALLIS SUNSET PARTNERS, LLC, an Oregon limited liability company Its: Manager By: Argonaut Investments, LLC, a Delaware limited liability company(with respect to Series 2) Its: Manager Parcel No. 149450-0050-09 Page 23 of 29 By: Name: Stephen B. Jaeger Title: Manager Accepted and Approved by: U.S.Bank N.A. By: Name: Title: Accepted and Approved City of Renton By Its Date Parcel No. 149450-0050-09 Page 24 of 29 STATE OF ss. COUNTY OF [certify that I know or have satisfactory evidence that is the person who appeared before me,and said person acknowledged that they signed this instrument,on oath stated that they were authorized to execute the instrument and acknowledged it as the of , to be their free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED this day of ,20 . (SEAL) Notary Public Printed Name Residing at My appointment expires STATE OF ss. COUNTY OF I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that they signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the of ,to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED this _ day of ,20 (SEAL) Notary Public Printed Name Residing at My appointment expires Parcel No. 149450-0050-09 Page 25 of 29 EXHIBIT"A" ENTIRE PARCEL EXHIBIT A PROPERTY DESCRIPTION SW 1/4 OF SEC. 03, T. 23 N., R. 05 E.,W.M. CITY OF RENTON, KING COUNTY,WA LOT 5 OF CENTRAL HIGHLANDS PLAZA, PER AMENDED BINDING SITE PLAN RECORDED UNDER VOLUME 176 OF PLATS, PAGES 76-77, KING COUNTY RECORDS OF KING COUNTY, WASHINGTON. • } quo 4 en �sss� •LST��`gj'.`�tu . -QNAL iht1G f 6-/5-Zoze Parcel No. 149450-0050-09 Page 26 of 29 1 EXHIBIT"B" TEMPORARY CONSTUCTION EASEMENT LEGAL DESCRIPTION EXHIBIT B TEMPORARY CONSTRUCTION EASEMENT DESCRIPTION SW 114 OF SEC. 03, T. 23 N., R. 05 E.,W.M. CITY OF RENTON, KING COUNTY,WA A PORTION OF LOT 5 OF CENTRAL HIGHLANDS PLAZA, PER AMENDED BINDING SITE PLAN RECORDED UNDER VOLUME 176 OF PLATS, PAGES 76-77, KING COUNTY RECORDS, SAID PORTION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 5, ALSO BEING THE WESTERLY MARGIN OF DUVALL AVENUE NORTHEAST; THENCE NORTH 88'48'55" WEST 10.00 FEET ALONG THE SOUTH LINE OF SAID LOT 5; THENCE NORTH 01'19'44" EAST 22.47 FEET; THENCE NORTH 88'40'16" WEST 7.00 FEET; THENCE NORTH 01'19'44" EAST 63.82 FEET; THENCE SOUTH 88'40'16" EAST 7.00 FEET; THENCE NORTH 01'19'44" EAST 31.27 FEET; THENCE SOUTH 88'40'16" EAST 5.00 FEET; THENCE NORTH 01'19'44" EAST 71.47 FEET; THENCE NORTH 88'40'16" WEST 5.00 FEET; THENCE NORTH 01'19'44" EAST 22.00 FEET; THENCE SOUTH 88'40'16" EAST 5.00 FEET; THENCE NORTH 01'19'44" EAST 38.43 FEET; THENCE NORTH 88'40'16" WEST 14.59 FEET TO A PROPERTY UNE OF SAID LOT 5; THENCE NORTH 00'51'02° EAST 1.84 FEET ALONG SAID PROPERTY LINE; THENCE NORTH 88'43'06° WEST 5.40 FEET CONTINUING ALONG SAID PROPERTY UNE; THENCE NORTH 01'19'44" EAST 36.00 FEET; THENCE SOUTH 88'40'16" EAST 15.00 FEET; THENCE NORTH 01'19'44" EAST 40,00 FEET; THENCE SOUTH 88'40'16" EAST 5.00 FEET; THENCE SOUTH 01'19'44" WEST 40.00 FEET; THENCE SOUTH 88'40'16" EAST 5.00 FEET TO SAID WESTERLY MARGIN; THENCE SOUTH 01'19'44" WEST 34.83 FEET ALONG SAID WESTERLY MARGIN; THENCE NORTH 88'40'16" WEST 1.00 FEET; THENCE SOUTH 01'19'44" WEST 41.43 FEET; THENCE NORTH 88'40'16" WEST 2.00 FEET; THENCE SOUTH 01'19'44" WEST 17.00 FEET; THENCE SOUTH 88'40'16" EAST 3.00 FEET TO SAID WESTERLY MARGIN; THENCE SOUTH 01'19'44" WEST 76.47 FEET ALONG SAID WESTERLY MARGIN; THENCE NORTH 88'40'16" WEST 5.00 FEET; THENCE SOUTH 01'19'44" WEST 15.00 FEET; THENCE SOUTH 88'40'16" EAST 2.00 FEET; THENCE SOUTH 01'19'44" WEST 16.27 FEET; THENCE SOUTH 88'40'16" EAST 3.00 FEET TO SAID WESTERLY MARGIN; THENCE SOUTH 01'19'44" WEST 52.90 FEET ALONG SAID WESTERLY MARGIN; THENCE NORTH 88'40'16" WEST 5.00 FEET; THENCE SOUTH 01'19'44" WEST 17.00 FEET; THENCE SOUTH 88'40'16" EAST 5.00 FEET TO SAID WESTERLY MARGIN; THENCE SOUTH 01'19'44" WEST 16.37 FEET ALONG SAID WESTERLY MARGIN TO THE TRUE POINT OF BEGINNING; TOGETHER WITH A PORTION OF SAID LOT 5 BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 5, ALSO BEING THE WESTERLY MARGIN OF DUVALL AVENUE NORTHEAST; THENCE SOUTH 04'56'55" WEST 40.47 FEET ALONG SAID WESTERLY MARGIN; THENCE NORTH 85'03'05" WEST 3.00 FEET; THENCE SOUTH 04'56'55' WEST 9.00; THENCE SOUTH 85'03'05" EAST 2.00 FEET; THENCE SO456'55°W 47.02 FEET; THENCE NORTH 85'03'05" WEST 4.00 FEET; THENCE SOUTH 04'56'55" WEST 15.00 FEET; THENCE SOUTH 85'03'05" EAST 4.00 FEET; THENCE SOUTH 04'56'55" WEST 32.98 FEET; THENCE NORTH 85'03'05" WEST 2.00 FEET; THENCE SOUTH 04'56'55" WEST 9.39 FEET; THENCE SOUTH 85'03'05" EAST 3.00 FEET TO SAID WESTERLY MARGIN; Parcel No. 149450-0050-09 Page 27 of 29 EXHIBIT B CON'T TEMPORARY CONSTRUCTION EASEMENT DESCRIPTION SW 1/4 OF SEC. 03, T. 23 N., R. 05 E., W.M. CITY OF RENTON, KING COUNTY, WA THENCE SOUTH 04'56'55" WEST 4.07 FEET ALONG SAID WESTERLY MARGIN TO A POINT ON A TANGENT CURVE TO THE LEFT, WITH A RADIUS OF 1642.00 FEET; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 01'19'53", AN ARC LENGTH OF 38.16 FEET; THENCE NORTH 86'22'58" WEST 2.00 FEET TO A POINT ON A NON—TANGENT CURVE TO THE RIGHT, WITH A RADIUS OF 2880.93 FEET, THE CENTER OF WHICH BEARS SOUTH 87'25'43" EAST; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 00'50'28", AN ARC LENGTH OF 42.29 FEET; THENCE NORTH 85'03'05" WEST 7.00 FEET; THENCE NORTH 04'56'55" EAST 57.37 FEET; THENCE SOUTH 85'03'05" EAST 5.00 FEET; THENCE NORTH 04'56'55" EAST 47.02 FEET; THENCE NORTH 85'03'05" WEST 5.00 FEET; NORTH 04'56'55" EAST 9.00 FEET; THENCE NORTH 85'03'05" WEST 5.00 FEET; THENCE NORTH 0456'55" EAST 39.54 FEET TO THE NORTH LINE OF SAID LOT 5; THENCE SOUTH { 88'36'38" EAST 15.03 FEET ALONG SAID NORTH LINE TO THE TRUE POINT OF BEGINNING. CONTAINING 4,619 SQUARE FEET, MORE OR LESS. { } M. key � ,p, oa rastr� .'SY'41.0' 1'CAo �s 4• 4C 48889 y0 �csakA't�a55 .c -r5-zo2 Parcel No. 149450-0050-09 Page 28 of 29 EXHIBIT"C" GRAPHIC DEPICTION EXHIBIT C TEMPORARY CONSTRUCTION EASEMENT SW 114 OF SEC. 03,T. 23 N., R. 05 E., W.M. CITY OF RENTON, KING COUNTY, WA A '� T.P.O.B, 44GI rL39 L59 . .. 4 L41 O iii �G' 158 r L42 1"=1 OD' L57 r L43 Parametrix 155. t 144 145 (. APN: 1494500050 )' 146 i . • ARGO RENTON LLC 1 LO 147 1 4601 NE SUNSET BLVD 98059 41 �144. 153 N! L51 f 58725? 3 E "1,5. LOT 5 (RADIAL) L52 CENTRAL HIGHLANDS PLAZA AMENDED BSP VOL 176, PGS 76-77 L19, i w Z lt7 it W L21 y a L16' r, 122 -__.._ ...--- _ - _- . . _.-_ -__--__.i— L14 I.t3 .r �LZy L12- U1. ! 125 s .rssiss , �t L26 �i�i. K }, Lt� S 127 '' a $r"' I LB ;s L7 I 1 �°'$A. 889 4 L5 -/ L32 ass-sirs t:R �Pa> � L33 . t�-I5 Z'ZO -- ..______ Lis __.__.__._ _ 13 , _, L37 M LEGEND ,L2 ' 138 T.P.O.B. TRUE POINT OF BEGINNING L1 ' dzio/T d4(�/�I%A, TEMPIRrYZNSTRUCTION ' T.P.O.B. — — DOS11NG RIGHT OF WAY UNE -----.- - .--— CENTERLINE — - PROPERTY UNE TOTAL AREA ( APN XXXXXXXXXXX ) KING COUNTY TAX PARCEL NUMBER 4,619 SQ. FT. Parcel No. 149450-0050-09 Page 29 of 29 ' sty 0~.., .. : 'PUBLIC WORKS DEPARTMENT OF RENT . . • . � SEP 01 2020 F N z RECEIVED M . E.. M O R. .A...N D ::deVy ERirs OFFICE DATE: August 26, 2020. TO: Armondo Pavone, Mayor FROM:: Martin Pastucha, Public Works Administrator STAFF CONTACT; Flora Lee, Civil Engineer III, ext.7303 SUBJECT::: :. Administrative Settlement and Real.Estate Purchase and: : Sale Agreement for Right-of-Way:Easements:for. Parcel No: 15 Argo Renton, LLC for the Duvall Avenue NE .. .. Roadway Improvements NE 7th Street:to Sunset Blvd NE: Project,:TIP NO.;16 As part of.the Duvalll Avenue NE Roadway improvements NE 7t. Street to Sunset Blvd.NE Project, a temporary;construction easement and:a utility/slope easement,are being acquired from Argo Renton, LLC located at:4601 NE Sunset Blvd. This parcel is identified by the King:County Assessor as:tax parcel numb.er,149450-0050-09 ::: Attached for your signature are the Administrative Settlement and Real Estate Purchase and:Sale Agreement. The proposed administrative settlement total is $61,100, which is $56,100 plus an allowance for$5,000 in attorney fees.; Chicago Title Insurance.Company : will provide the easement documents and settlement statement, including all charges. . after the are signed by Argo:Renton LLC. Please sign and return both documents.to Flora Lee in:theTransportation:Systems Division.: Upon receipt of the:documents she will coordinate with escrow and finance for closing on this parcel: • cc: Bob Hanson,Transportation Design Manager • Flora Lee,Civil Engineer Ill : Josef Hamden,Administrative Secretary I:: :. • .. .. • • c:\users\Imoschetti\appdata\local\microsoft\windows\inetcache\content.outlook\8ox20ekn\parcel T5 as memo to mayor-argo(602).doc 40Group Northwest Acquisition and Relocation Services Administrative Settlement Recommendation Date: July 27, 2020 To: Flora Lee, Transportation Design Project Manager,City of Renton CC: Cindy Clark, P.E., Parametrix From: Sonja Davis, Senior Right-of-Way Consultant, RES Group NW Subject: Administrative Settlement Recommendation City of Renton. Duvall Avenue NE Tax Parcel No.: 1499450-0050-09 Project No.: 15 Owner: Argo Renton, LLC The City's Original Offer dated 4/9/20: $72.000.00 The City's Revised Offer dated 6/25/20 $5I,000.00 Owners Proposed Counteroffer dated 7/20/20 $65,000.00 Amount of Proposed Total Settlement: $61,100.00 BACKGROUND and SUMMARY OF NEGOTIATION • On April 14, 2020, an otTer was made to owners via email and Certified Mail to their California headquarter. The City's offer of$72,000 consisted of$24.000 for 2,917 SF of land in a Right of Way Easement, $20,000 for 4,819 SF of land in a Temporary Construction Easement (TCE), and $28,000 for impacted site improvements, consisting of shrubs and trees. • The negotiation with the owner ensued as soon as they received the City's offer packet. The owners voiced their dissatisfaction with the City in the past but stated that they were committed to working with the City on this project. They raised their concern over contacting their lender for it consent required on the conveyance. They felt that due to current Covid-19 circumstances, and related financial fall outs and hardships by their commercial tenants. they would rather not have to go through the lender approval process. After explanation of the necessity of the consent/release they conceded that they will follow the regulatory process. • Negotiation soon expanded into attorney fees, in which the owners requested a soft cap of$10,000 to start the review and furthermore they raised concerns regarding the possible additional impacts of the easement encumbrance and possible impacts to the future development of the property, alluding that the current the current offer value of the easement may not enough. • On June I. 2020, the City of Renton in response to the owner's concerns revised the scope of the take to minimize the easement acquisition and tighten up the easement language to eliminate issues of damage and to expedite the acquisition. A revised appraisal and review appraisal were ordered. • On June 29,2020, I present a revised offer of$51.000 to the owners electronically,the City's offer consisted of$7,000 for 832 SF of land for a Utility/Slope Easement, $19,000 for 4,619 SF of land for a Temporary Construction Easement (ICE), $25,000 for impacted site improvements. At that time,the City offered to reimburse attorney fees up to$2,500. Group talip Northwest Acquisition and Relocation Services • July 8-10, 2020, after further negotiations, the owners agreed to, reimbursement up to $5,000 attorney fees if we can come to an amicable agreement within the next two weeks. The owner requested that the offer amount be raised to the original offer amount of$70,000. • On July 20, 2020, the owner decreased its demand to $60,000 plus $5,000 for attorney fees and sent redlined drafts of Purchase and Sale Agreement, Utility/Slope Easement, and Temporary Construction Easement. • On July 24, 2020, the City proposed a settlement of$56,100, which is 10%over the offer amount and accepted most of the requested changes to the documents. In addition, the City will reimburse owner's attorney fees up to$5,000.This was followed by a concurrence by the owner. RECOMMENDATION/JUSTIFICATION The proposed administrative total settlement figure of$61,100.00, which is$5,100 or 10%above the offer amount includes$56,100 settlement plus a S5,000 attorney fees allowance. This doesn't include any fees associated to the partial release of the bank's security interest in the easement area,estimated $1,000 to be paid in escrow. This will expeditiously conclude the purchase of the property rights needed within the critical project timeline. As discussed with the City the proposed settlement is a low dollar amount compared to the risk of litigation and delays of the project. Time is of the essence,therefore this settlement is recommended,as it is reasonable and represents prudent use of the public funds.There is fairly high risk of the cost being higher than the proposed settlement if the purchase is delayed or the matter referred for litigation. As documented above, I find that proposed settlement request is consistent with the law and is reasonable, prudent, and in the public interest. Recommended: d' S. iavis. Senior Acquisition Agent Da 4 RES Group NW Administ i•tive Settlement Approved: V �� 8/2 7/2 0 2 0 ;..`,s�1`,,,,"�„� p2,% Armon•• ' one,Mayor Date _ _ �. City of Renton • ' * - SEAL - * Attes y air .moo`; q 21 Z010 ,1/*,pRA T �EDSs-- •`i Jas n A. th, City lerk • • • ' REAL ESTATE PURCHASE AND SALE AGREEMENT .This Real Estate Purchase and Sale Agreement("Agreement") is made as of the date this . instrument is fully executed by:and between Argo,,Renton, LLC; a Delaware limited liability: .... . com an ; Seller. , and the'City of Renton; a'munici al co "oration Bu. er �or:"City"), for . P Y ( )! Y ! P rP ( Y Y )! . :1.purchase and sale.of a permanent right of.way easement, and atemporary construction easement ''over a portion of that certain real property situated in King County,-Washington,legally described on.Exhibit"A",attached.hereto(the"Property"); ._. .. ... .. . The permanent utility/slope:easement consists of 832 square feet and:is legally described onExhibit_"B", attached hereto(the"Easement"), and will be granted by:Seller to,Buyer pursuant: . to the:form:of Utility/SlopeEasement attached hereto:as Exhibit"E".. The temporary construction :: . . ..easement consists,of.4,619 square feet and.is:depicted on:Exhibit.".C",attached hereto(the"TCE"), :_. ' and will be granted by Seller to.Buyer pursuant to.the form of Temporary Construction Easement. • : . attached hereto as Exhibit:."F":•:Collectively, the portions of the'Property encumbered by the: . .. .Easement and the.TCE are referred to as the``Easement Areas. - - . . t ' ' 1: . "PURCHASE PRICE:. The total purchase price for the easements is Fift Six Thousand, ' 1, One Hundred and No/100:Dollars ($56,100.00):("Purchase Price"), The Purchase Price consists: • 1 'of the Easement valued at $7,000,00, the TCE valued.at $19;000:00, and $25,000..00 for any . improvements located within the. easement areas, and. additional $5,100.00 :compensation in :. i ' administrative,settlement:The Purchase Price is payable at closing in cash.; 2. CONVEYANCE OF TITLE: 2.1 .Easements: At,closing;.Seller will execute and deliver to Buyer the Easement conveying: -- .and warranting good,and' marketable,title to•the Easement .free and clear. of..all defects or encumbrances except for the lien of real estate taxes and drainage service charges.not due and • •• payable.and those defects and/or encumbrances (if any) identified on Exhibit`fD"attached hereto. (collectively, "Permitted Exceptions"), provided-that Seller's lender:encumbering the Easement .•area-agrees to release its•lien against the Easement in. its sole discretion(and Seller shall use . - commercially reasonable efforts to request such agreement from its lender). Additionally, the •• Seller wily execute and.deliver to Buyer the ICE;for a period of.tweny-four (24) consecutive- • - months commencing forty-eight.:(48) hours after.City of Renton,and/or:its contractors:provide: :.•written notification to Seller of its intent to commence construction, provided that the TCE shall •. °• : • : expire in any:event no:later than December31, 2023. 2.2. . : Title Insurance: At::closin Buyer shall receive at Bu er's :expense).an owner's Standard ALTA policy of title insurance,.dated as of the closing date and insuring:Buyer in the : • ._ . m aount of_the Purchase Price against loss n or damage by reaso of:defect.in Buyer's title to.the. •• ' Easement"subject only to the printed exclusions:appearing in the policy form and any Permitted: Exceptions: 3. . CONTINGENCIES: -. 3:1 This Agreement is'subject.to the following contingencies: . Parcel No. 149450-0050-09 - . ..• •:Page.l of 29 A. Seller's lender encumbering the Easement area shall have agreed to release its lien against the Easement and delivered at closing such documents as are necessary for Buyer : :.to obtain title insurance to the Easement free and clear of such lender's lien. B. Buyer shall havepaid or,reimbursed Seller for u to $5 000.00 of:Buyer's legal Y P y g fees incurred in connection with this Agreement and closing hereunder,and shall have: paid:or reimbursed all of the legal fees and other charges that Seller's lender encumbering: the Easement_area shall incur, impose or require in connection with Seller's:lender consideringreleasingits lien encumberin the Easement area and/or actually releasingits � g Y • lien encumbering the Easement area. Buyer covenants to pay the amounts described in this Section 3.1(B)whether or not there is a:successful closing under this Agreement. 3.2 Removal of.Contingencies: .Buyer shall have a period:of60 days from the date all parties have signed;this Agreement to:satisfy all contingencies Buyer may elect to waive the contingency: of Section 3.1(A),in Buyer's discretion, but Buyer may only satisfy the contingency Of Section 3:1(B)by actuallyhaving paid the amounts described therein. Ifthe contingencies are not removed within this period,this Agreement shall be null and void. 4: RISK OF LOSS: Seller will bear the risk of loss of or damage to the Easement Areas prior to closiri In the event of such loss or_dama a to the Easement Areas, Seller shall promptly g• g notify Buyer thereof and Buyer may, in its sole discretion, terminate this Agreement by giving notice of termination to:the:Seller. 5: SELLER'S REPRESENTATIONS, WARRANTIES AND COVENANTS: Seller represents,warrants, and covenants to the Buyer at the date of execution of this Agreement and, the date of closing that: . - 5.1 Authority: Seller, and the person(s) signing on behalf of Seller, has full power..and. authority to execute this Agreement and perform Seller's obligations,and;if Seller is a corporation, a necessary corporate action to authorize this transaction has been taken: 5.2 Leases: Th'e Easement Areas are subject to a lease between N/A and N/A recorded N/A and any unrecorded _leaseholds, rights of vendors and holders of security interest on personal property installed upon said Property; and right of tenants to remove trade fixtures at the expiration of the term. 5.3 No Material Defect: Seller has no actual, personal knowledge, with'no duty of inquiry or investigation,: of any material defect in the Property that Seller has not disclosed.to Buyer, excluding any such material defects that are readily apparent upon a reasonably diligent visual inspection or that Buyer otherwise discovers before the closing. To:the best of Seller's actual knowledge, with no duty of inquiry or investigation, the information(regarding the.Property:as provided by Seller is:complete,accurate,true and correct and:does not fail to state:any fact without : which such information would be misleading. Other than the limited Seller representations made above:inthis Section 5.3 or in Section 5.5 below; Buyer is acquiring the Property, the Easement Parcel No.'149450-0050-09 Page 2 of 29 • and TCE"AS IS","WHERE:IS"and"WITH ALL FAULTS",with:no:other representations=or :• .warranties by Seller,_express or implied. :-; . . :: ... . 5.4 Debris and Personal Property: Seller will remove all debris.and:personal property,prior. .. .to each closing, located on the Easement.Areas (if any) at Seller's cost and.expense,•and Seller will indemnify and hold Buyer harmless from all claims and:expenses arising from such removal. • . .. 5.5 : :Contamination: To the best of Seller's actual knowledge,with no duty of inquiry: , •. •or investigation, and except as discovered by Buyer before:the closing, there has been no (a) .• ::generation,treatment;.storage,or disposal of hazardous substances on the Property actually known .. to Seller; nor(b) any release"of any hazardous substance onto or'at.the Easement actually known to .Seller.: .:To the best of Seller's actual personal knowledge,:with::no duty of inquiry::or investigation,and.except as discov:ered.by:Buyer before the closing, Seller is:in compliance with .'' ::all applicable:laws;:rules, and regulations::regarding.the handling of hazardous substances,_has. :: - } secured all.necessary permits,.licenses and approvals necessary to:its:operation on the Easement .Areas,and is in compliance with such permits:To the best of.Seller's actual personal.knowledge,' . . : with no duty.of inquiry or investigation,:and except as.discovered by Buyer. before:the closing, _ , Seller has-not:received notice of any proceedings,-claims,:or lawsuits arising out its operations I on-the Easement Areas. :5.6 Fees and Commissions: Seller shall pay for any broker's or other commissions or fees :. : ::: - ' (subject to:Section 3.1(B)-above)incurredby the Seller in connection with the sale of the Easement . and Seller shall indemnify and hold Buyer harmless:from all such claims;for commission and/or: . fees(subject to Section 3.1(B)above)., ': . . :..:,. 5.7 indemnification: Seller.and Buyer each agrees to indemnify, defend and hold:harmless the:other.:pa and their.respective employees 'a ents heirs and assigns :from and.a ainst ari .. p rtY, Pg � g Y , . _. : .and all damage,claim, liability, or loss,•including reasonable:attorney's and other:fees,•arising out of or in any way connected to the breach of any representation or warranty.by the indemnifying party:contained herein. . : :. $;8 Ownership;:Non-Foreign Status; •Seller owns the Property and has the right to sell the Pro ert p y,.and'is nova foreign:person as defined by the Foreign Investment in Real;Property Tax Act, IRS:.Section 1445 b 2. ( "FIRPTA" as amended.: .. :' 6: CLOSING:::..- . ... . . 6.1:• Time for Closing and:Closing Agent:: The:sale will be closed in:the office of the Closing ,Agent not later than twenty-one(21)days from the date all contingencies set forth.in.Paragraph:3 : .. :. ' :herein have been satisfied,or as soon thereafter as practicable. • ' • ' . Bu er:and•Seller shall.deposit in escrow with:the Closin Agent.all instruments, documents and Y p g : : moneys necessary to complete the sale :in:accordance:with this Agreement. ;AS:used in this : 'Agreement, "closing" and "date of closin gg" • •means.the date on which all appropriate'documents are recorded:and proceeds of the:sale are available:for:disbursement to:Seller. The Closing Agent . . shall'be: ' . • Parcel No. 149450-0050-09 • Page 3 of 29 Chicago Title Company 10500 NE8th Street, Suite 600 ... Bellevue, WA 98004 :. : 6.2 Prorationsi :Closing Costs: Seller will pay real property taxes prorated through the date of closing.: Buyer will pay the:premium foriits owner's title insurance policy;the cost of recording the Easement and the TCE:from the Seller, real estate excise taxes(ifany_are due)and the Closing Agent's escrowfees:: 6.3. Possession: Buyer shall be entitled to possession of the Easement arid the TCE at closing. 6.4 Closing Obligations of Buyer:.On or before Closing the Buyer shall deliver:to the Closing : .. . Agent the following'. 6.4.1 All funds.required to be paid by Buyer under this.Agreement, in cash. .. 6.4.2 . A Closing Statement in form and content reasonably satisfactory to the parties. 6.4.3 A.Real Estate Excise Tax Affidavit executed.by the Buyer in the form required by law. 6.4:4 Any other documents necessary to effect the transaction contemplated, in this Agreement. 11 6.5 Closing Obligations of Seller: :At closing, Seller shall deliver to Escrow Agent the following duly executed and acknowledged documents(where appropriate): 6.5.1 The Easement and the TCE required under Paragraph 2.1 of this Agreement. 6:5.2: A Closing Statement in form and content reasonably satisfactory:to the parties. : 6.5.3 A:FIRPTA:certification. 6:5.41: A Real Estate Excise Tax Affidavit executed by Seller in the form required by 6.5.5 Any::other. documents .necessary to effect. the transaction contemplated in this . .Agreement, provided that Seller shall not be liable for any failure or refusal of Seller's lender encumbering_the Easement area to_agree to release its lien against the Easement area or to actually release its lien against the Easement area (other than Seller shall request the same), those decisions being solely up to:such lender in such lender's sole discretion. 7: NOTICES:: sAill notices, demands, consents, approvals and other communications which are required or desired to be given by either party to the other under this Agreement shall be in writing:an:d shall be hand delivered or sent by United States regular mail,postage prepaid,:return: receipt requested, or by email transmission, addressed to the appropriate party at its address set Parcel No. 1'49450-0050-09 Page 4 of 29 forth below;or at such other address as such party shall have last designated by notice to the other. Notices, demands,:consents, approvals, and other communications shall be deemed given when delivered,or three days after,mailing,or on the day that an email transmission is received, to or.at the following addresses: ... . TO SELLER: : : TO BUYER: Argo Renton,'LLC City of Renton .: : c/o Dayna:Desmond, Director:of Asset Public Works Department, : .: Managenient,Argonaut lnvestment LLC Attn: Flora Lee 101 Larkspur Landing:Circle, Suite 120 1055 South.Grady Way Larkspur; CA 94939 Renton;:WA 98057 415-945-2473 Telephone: (425)430-7303 : : ddesmond@aargoinvest.com Email: FLee@Rentonwa.gov 8. GENERAL: This,is:the entire agreement:of the Buyer and Seller with respect to:the: Easement and supersedes all prior or contemporaneous agreements between them,written or oral. This Agreement maybe modified only in:writing,signed by.Buyer and Seller. Any waivers under . this Agreementmust be in writing:'A waiver of any right or remedy in the event of a default will . not constitute a waiver of:such right or remedy in the event of any subsequent default, This: Agreement' is for the benefit of, and binding upon; Buyer and Seller and their heirs, personal . representatives,successors and assigns.: The invalidity or unenforceability of any:provision of this Agreement will not affect the validity or enforceability of any other provision. Time is of the essence in this Agreement:This Agreement maybe;executed in one or more counterparts, each.of which will be considered an original instrument and all of which together will be considered the : same agreement. 9. : - : WASTE; ALTERATION OF EASEMENT.: Prior to closing,:Seller shall not commit waste on the Easement Areas, nor;shall Seller remove trees or other vegetation,coal, minerals or other valuable materials nor shall Seller substantially alter the surface or subsurface of.the Easement Areas without the express written consent of Buyer. 10. SURVIVAL,OF WARRANTIES: The terms,covenants, representations and:warranties shall not merge in the deed of conveyance,but shall survive closing. 11. TERMINATION OF OFFER: This offer shall terminate if not accepted by:Seller on or before • 12: EFFECTIVE DATE:;.:The Effective;Date is the date of the last Parties' signature below: Parcel No. 149450-0050-09 Page 5 of 29 • . ' ' \\\11111111.111111 : y+ 'V Signed in duplicate original: - SEAL " - :: ent011m : 1Pa1c0oltbou1 Its Armondo: Pavone, Mayor At t e 1 Date: _August.. 2.7 ; 2020 :, Jaso A. S , .Cit C erk { SELLER: Argo Renton, LLC,a Delaware limited liabilitycompany :. : By: SUNCOR PARTNERS, LLC, a Delaware limited liability.company Its: Manager.: . By: CORVALLIS SUNSET PARTNERS,LLC; an Oregon limited liability company com an: Its: Manager By: Argonaut Investments,LLC a Delaware limited liability Jtnpany;(with:respect to Series 2) Its: Manager f:.P7ei1 B,..l'e er: ::: • Title: Manager .:. ,.. I. EXHIBITS; Exhibit A, Property Legal Description Exhibit B,Right of:Way Easement Legal Description Exhibit C,Temporary Construction;Easement Depiction . Exhibit D, Permitted Exceptions Exhibit E, Utility/Slope:Easement "Exhibit F,Temporary Construction Easement Parcel No. 149450-0050-09 Page 6 of 29 CORPORATE ACKNOWLEDGMENT STATE OF . ss. COUNTY OF I certify; that I know_ or ave satisfactory evidence that is tlij person who app eared before me, and said person acknowledged that they signed this instrui ent,on oath stated that they were authorized to execute the instrument and acknowledged i as the of to be their free and voluntary act of such party :. for the uses and purposes mentioned in th=.instrument. DATED this : day of: ,20 • (SEAL) Notary Public Printed Name Residing at My appointment expires:: �C Parcel No. 149456-0050-09 • Page 7 of 29 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of Californiarna/!I County of fI/?//1/ 1 On %vs/ 3 7oi > before me,-10sephT. la-up h/:,, /l%// ay P✓6/'-e , Date Here Insert Name and Title of the Officer personally appeared \5Y? iv") 4. -)4ele./ Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person($whose names}-is/are subscribed to the within instrument and acknowledged to me that he/sMietttTey executed the same in his/herkheir authorized capacity(ies),and that by his/herltheir signature(s)on the instrument the person(s),or the entity upon behalf of which the person(5)acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing JOSEPNT.LAUGNLIN paragraph is true and correct. . i. Notary Public-California - Mario County t • Commission a 2294106 WITNESS my hand and official seal. My Comm.Expires Jul l6,2023 t77...- Signature Place Notary Seal and/or Stamp Above Signa - of Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s): o Partner— ❑ Limited ❑ General ❑ Partner— ❑ Limited ❑ General ❑ Individual 0 Attorney in Fact ❑ Individual 0 Attorney in Fact ❑ Trustee 0 Guardian or Conservator ❑ Trustee 0 Guardian or Conservator ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: 02018 National Notary Association i EXHIBIT"A" • PROPERTY LEGAL DESCRIPTION EXHIBIT A PROPERTY DESCRIPTION SW 1/4 OF SEC. 03, T."23;N., R. 05 E., W.M. CITY OF RENTON, KING.COUNTY, WA LOT 5 OF CENTRAL HIGHLANDS PLAZA, PER AMENDED BINDING SITE PLAN RECORDED UNDER VOLUME 176 OF PLATS, PAGES 76-77, KING COUNTY"RECORDS OF KING COUNTY; WASHINGTON. "FssRc 889R.p J¢�Y <oAL.0,0y" 6-/5-?oZO Parcel No.'149450-0050-09 Page 8 of 29 • I . } EXHIBIT"B : UTILTY/SLOPE EASEMENT LEGAL DESCRIPTION . EXHIBIT B •FOR'UTILITY/SLOPE EASEMENT• . SW•II4.OF SEC. 03.,T: 23 N., R. 05 E.,.W:M ::•.: . ' CITY OF RENTON, KING COUNTY,WA A PORTION OF.LOT 5 OF CENTRAL HIGHLANDS:PLAZA, PER AMENDED BINDING: . . SITE•PLAN RECORDED UNDER VOLUME 176, PAGES 76-77, KING COUNTY.- .•RECORDS, SAID PORTION BEING MORE PARTICULARLY DESCRIBED PS FOLLOWS: ' '• COMMENCING Al THE SOUTHEAST CORNER OF SAID LOT 5; ALSO BEING THE- ' . WESTERLY MARGIN_ OF DUVALL AVENUE NORTHEAST; THENCE NORTH 01'19'44" ' EAST.16:37 FEET ALONG SAID WESTERLY MARGIN TO THE TRUE_POINT OF:: - . : . BEGINNING; THENCE NORTH•88'40'16" WEST 5.00 FEET; THENCE NORTH ' •:0.1'19'44' EAST 17.00 FEET;:THENCE SOUTH 88'40'16":EAST 5.00 FEET TO : : SAID WESTERLY MARGIN;:THENCE SOUTH .01'19'447 WEST 17.00 FEET ALONG. : . . • SAID WESTERLY MARGIN TO THE TRUE POINT. BEGINNING; I . . ...: •• .TOGETHER WITH A PORTION.OF SAID LOT 5 BEING•MORE.PARTICULARLY ••. . •DESCRIBED AS FOLLOWS: : COMMENCING:AT.THE SOUTHEAST CORNER .OF:SAID LOT 5, ALSO BEING SAID .. . • WESTERLY:MARGIN; THENCE NORTH 01'19'447 EAST 86.27 FEET ALONG SAID • . 'WESTERLY MARGIN TO.THE TRUE POINT OF-BEGINNING; .THENCE NORTH . .:88'40'16' WEST 3.00 FEET;:THENCE NORTH 01'19'44 EAST:.16.27 FEET; :: :.. .. ::TH• ENCE NORTH 88'40'16" WEST:2.00 FEET; THENCE NORTH'01'19'44" EAST . : 15.00FEET; THENCE SOUTH 88`40'16" EAST 5.00 FEET TO SAID WESTERLY • .. MARGIN; THENCE.SOUTH 01'19'44'WEST-31.27:FEET ALONG SAID WESTERLY; MARGIN TO THE TRUE.POINT OF BEGINNING;• .. :. .. j TOGETHER WITH A PORTION .OF SAID LOT 5 BEING MORE•PARTICULARLY . DESCRIBED AS.FOLLOWS: . ' . COMMENCING AT:THE SOUTHEAST CORNER OF.SAID LOT 5, ALSO:BEING SAID . . . . ' WESTERLY MARGIN; THENCE NORTH 01'19'44' EAST 194.02'FEET ALONG SAID ' .: WESTERLY MARGIN TO THE TRUE:POINT OF BEGINNING THENCE NORTH I 88'40'16"WEST.3.00 FEET; THENCE.NORTH 01:19'44'EAST 17.00 FEET; . . • ' THENCE SOUTH.88'40'16" EAST 2.00 FEET; THENCE NORTH 01'19'44" EAST • 41.43.FEET; THENCE SOUTH 88'40'167:EAST:1.00 FEET TO SAID.WESTERLY ' • .MARGIN; THENCE SOUTH 01'19'44* WEST 55.43 FEET ALONG SAID WESTERLY ' . • MARGIN TO THE TRUE POINT:OF BEGINNING; . . TOGETHER WITH A PORTION OF SAID LOT,5_BEING MORE PARTTCULARLY ••... . . . .. DESCRIBED AS•FOLLOWS: : : COMMENCING AT THE•NORTHEAST CORNER OF SAID LOT 5 ALSO BEING SAID . • .WESTERLY MARGIN; THENCE SOUTH 04'46'55'WEST 157.93'FEET ALONG SAID : .: : • WESTERLY MARGIN TO A POINT ON A TANGENT CURVE TO THE LEFT, WITH A . ' RADIUS OF 1642.00 FEET; . Parcel No. 149450-0050-09 ' ' •• Page 9 of 29' • : .. . . EXHIBIT"B" (CONTINUED). • : , . . , • UTILTY/SLOPE EASEMENT'LEGAL DESCRIPTION• • ••• EXHIBITCON'T FOR_UTILITYISLOPE EASEMENT - - SW 1/4 OF SEC_03,T. 23 N., R. 05 E.,W.M.- - CITY OF RENTON,:KING:COUNTY, WA 4 THENCE SOUTHERLY ALONG 'SAID CURVE THROUGH A CENTRAL ANGLE.OF. . ; ' � . 01'19'53",.AN ARC LENGTH OF 38:16 FEET ALONG SAID WESTERLY.MARGIN .. . . . TO THE TRUE:POINT OF BEGINNING; THENCE CONTINUING ON SAID CURVE TO j THE LEFT WITH A RADIUS OF 1642.00 FEET, THROUGH A.CENTRAL ANGLE OF 02'17'18", AN ARC LENGTH.OF 65.58 FEET ALONG SAID;WESTERLY MARGIN; - . • : •THENCE• - SOUTH.O1.'19'44" WEST 34.48 FEET.ALONG SAID•WESTERLY MARGIN;- .: . • THENCE NORTH..88'40'16" WEST 5,00 FEET;,THENCE NORTH 01'20'08":EAST • . . 40.00 FEET; THENCE SOUTH 88'40'.16 EAST 3,00 FEET TO A POINT ON.A .NON—TANGENT CURVE TO THE RIGHT'WITH'A RADIUS OF.1644.00 FEET, THE. - CENTER OF WHICH BEARS•SOUTH 88'28'44" EAST; THENCE NORTHERLY • s : - ALONG SAID.CURVE THROUGH•A CENTRAL ANGLE.OF:2'05'46", AN ARC .. LENGTH OF,60.14,FEET; THENCE SOUTH.88'22'58" EAST 2,00:FEET TO:SAID .. . : . . • • WESTERLY.MARGIN.AND THE TRUE POINT OF BEGINNING; . .. . TOGETHER WITH A PORTION :OF SAID LOT 5 BEING MORE:.PARTICULARLY • DESCRIBED AS FOLLOWS: . . .. . ... . . • COMMENCING AT THE NORTHEAST CORNER;OF.SAID LOT 5 ALSO. BEING SAID WESTERLY MARGIN; THENCE SOUTH 04'46'55"'WEST 40.47•FEET ALONG SAID . WESTERLY MARGIN TO THE TRUE:POINT OF BEGINNING; THENCE CONTINUING • • . SOUTHERLY ALONG SAID WESTERLY MARGIN SOUTH 04'56'S5 WEST 113.39 . FEET;THENCE:NORTH 85'03'06' WEST 3,00 FEET; THENCE NORTH 04'S6'S5" EAST 9.39 FEET; THENCE SOUTH 85'03'05°.EAST 2.00 FEET; THENCE NORTH - 04'56'55" EAST 32.98 FEET; THENCE NORTH-85'03'05 •WEST 4:00'FEET; • • THENCE NORTH 04'56'55". EAST 15.00 FEET; THENCE.SOUTH 85'03'05" EAST .. 4:00 FEET; THENCE NORTH 04'56'55" EAST 47.02 FEET;:THENCE NORTH • . . 85'03'05" WEST-2,00 FEET; THENCE NORTH'85'03'05" EAST 9.00 FEET; . • THENCE SOUTH 04'56'55" EAST 3.00 FEET:TO:SAID WESTERLY•MARGIN AND . . . . .THE TRUE•POINT OF BEGINNING.. • • •: CONTAINING 832 SQUARE; FEET;:MORE OR LESS. 4;7',n bns• �rT��✓,. . . -is• ts•-• : ryIYc•"0 Na ' .. .. ;I r g/✓„ " . t '• P :46E9 o , 8a `. . . '. ss. cisTo. 4 . . $ .. ./o A • . S .. • .. . .£c Parcel No:149450-0050-09 • Page 10 of29 — • i . I. . EXHIBIT"C„ y . TEMPORARY CONSTRUCTION EASEMENT DEPICTION ` ' EXHIBIT C . . .. . . ::. ..TEMPORARY CONSTRUCTION EASEMENT . . .. • SW I I4.0F SEC. 03, T. 23.N., R: 05:E., W.M.. CITY OF RENTON, KING COUNTY,:WA : . . . . . .A• r :. . .., .T.P..0.13-. . . . . . L40'� .. .L5?3_• : .1A1g o . . • . N 1oo:: . L58..: 1:42 i . 1 -too' l5 L44 ' ,li3 . . > . . :Paranietrix - . : ... 'TL45 (,•APN:1494500050•,) L48•: . £' . . :. :. .. - - ARGO RENTON. LLC, .. C48.149. . -: 46.01:-NE SUNSET BLVD 98.059 ;LSg; • . • - L53. U "_.,61 : . .'S87'25'43"E " . . - ': LOT 5_ . (R4OLAL) Via. .'., . . . 'CENTRAL HIGHLANDS PLAZA - AMENDED BSP VOL 176; PGS:76 -77 L19 `a .: . .. L .•./ — W Li B,, . ''122 a J ?,_ _ __, LT 4.L17 1 , . . .. . l25 •:: . �: fi i IA:. r �� .. . : . ,fiee . • •: L29'.1I.. . off' r or .. �' L31: . s 4 88 • L3 w: ._ 1I, , Cfl'IS=Z2o . _ s . l3' ::.,'% ..L37.I LEGEND • o .. .. L1 . ' •• I P•O:B. • TRUE:POINT OF BEGINNING . - ,- I :. - . .. f/ ��/�.��% / ENr sTRucnoN T.P.O.B. . : . -. .. . • EXISRNG RIGHT OF WAY UNE . . CENTERLINE ' ' '. :_.. .,,_...—-.-..._.-__ PROPERTY UNE ..,-(.:`APN..`XXXXXXXXXXX.)' KING COUNTY TAX PARCEL NUMBER TOTAL AREA . 4,619 SQ. FT,, f. Parcel No.:]49450-0050-09" , Page 11 of 29 . EXHIBIT;«D» PERMITTED EXCEPTIONS/TITLE-REPORT } _ . 1: Subject to:Covenants,conditions,restrictions,recitals,reservations,easements or,other servitudes. If any, disclosed by the recorded Plat of Joseph P. Marshall Tracts;under the recording no.3250442. 2. Subject to:May Creek Flood Zone District,flood control works under the recording no.5943056. 3. Subject to:May Creek Flood Control Zone District;flood control works under the recording no:5943057, 4. Subject to:Covenants,conditions,restrictions, and easements but omitting any covenants or restriction, if any set forth in said covenants'or restrictions is permitted:by applicable law,as set forth in the. document under the recording no.7708190846.: 5: Subject to: Easements and:the terms and provisions thereof under the recording no.7709210680 modified under the recording no.8104290507 and 9604300819.. . 6. Subject to:City.of Renton Storm:Sewer Easement under:the recording no.77.11160658. 7. Subject to: City of Renten:Water Line Easement under the recording no.77.11160659. 8; Subject to: Puget Sound:Power&Light for Electrical transmission and:distribution Easements:under the recording:no.7807030820. . .. . 9. Subject to:Puget Sound Power&Light for Electrical:transmission and distribution Easements under. the recording no.7903060809. 10. Subject to:Covenants,conditions,restrictions,recitals,reservations;easements,easement provisions, dedications,if any,and disclosed and set forth on Central Highlands Plaza Short Plat:1: under the recording noi:8002269014. 11: .Subject to:Ordinance No.4025 under the recording no.8612031455. 12. Subject to;Covenants,conditions,restrictions,recitals,reservations;easements,easement provisions, dedications, if any,and disclosed and set forth on Central Highlands Plaza Binding Site Plan: under:the recordingno,;8805200326,Amendment under the recording no.9604290131:.: 13, Subject to:Amendment to:Binding Site Plan under the recording no.9605081004. 141. Subject to: Puget Sound Energy Easement for Transmission,distribution and sale of gas-under the recording no:20111006000430. . • Parcel No. 149450-0050-09 . Page 12 of 29 EXHIBIT°LE" Grantor(s): Argo Renton,LLC Grantee(s)::City of Renton Legal Description: Lot 5,Central Highlands Plaza BSP(176/76) Assessor's Tax'Parcel:Number: 149450-0050-09 Reference Number of Related Documents: N/A UTILITY/SLOPE EASEMENT • Duvall Avenue NE Project . . • The Grantor(s);.Argo Renton,LLC,for and in consideration of$10.00 and other valuable consideration,receipt of which is hereby acknowledged, does hereby grant and convey.unto the City,of Renton,a municipal cor oration and its successors and assi g ns; the Grantee"), from the p. p g (... property legally described on Exhibit "A":- Entire Parcel (the "Property"), attached hereto and •incorporated by this reference, a permanent utility easement,:for the purposes described below, over, in,on, along, across,through,below and upon,the portion of the Property legally described: on.Exhibit:"B" (the"UtilityEasement" � ". ) and depicted on Exhibit C , which are attached hereto and incorporated by this reference.: The Grantee and its agents, designees:and/or.:assigns, shall have the right at such times as deemed necessary by Grantee, to enter. upon, over, under and across the Utility..Easement to :inspect,construct,:reconstruct, grade and slope, operate, use,maintain, repair,:replace and enlarge the utilities contained within the Utility Easement area for grade and slope, street lights, utilities (including without limitation water, sewer, storm water, electric, gas;:telecommunications;:cable and fiber optics, either owned or operated:by Grantee or those utilities which provide service to Grantee or its.citizens and are operated by permission of:Grantee through franchise or permit), together:With the right of ingress and egress thereto without prior institution of any suit or. proceedin s:and without:incurring any le al obligation or liability therefore: : .THIS EASEMEN'I':is executed and delivered and said easement is granted upon the following { conditions to wit: Grantee,:its;agents and employees, assigns and:successors shall, as soon:as practicable, after installation=of the utilities and all subsequent alterations and repairs thereto, restore .(at Grantee's sole cost) all Property to the Grantor to.a neat and presentable condition, in condition substantially similar(to the.extent,practicable)to that existing prior to any exercise(s);by Grantee of the rights granted hereunder to Grantee (including without limitation by, replanting and reinstalling similar landscaping and irrigation improvements as currently exist, to the extent damaged or removed by Grantee's exercise of rights hereunder). : 2. Grantor shall.not interfere in any:material or substantial manner with the:easement rights granted to Grantee and the public in this Utility Easement. Without limitation, Grantor shall not (1) erect.or.:maintain any buildings, structures, or improvements within the:Utility Easement; (2) disturb the lateral or subjacent support of the utilities and.other,improvements and uses of the • Parcel No. 149450-0050-09 Page 13 of 29 Utility Easement by Grantee, or undertake any form of construction or other activity that disturbs or damages the utilities, or other improvements or uses of the Utility Easement by Grantee; or(3) . plant trees, shrubs, or other vegetation having deep root patterns that will cause damage to or interfere with the use of the utilities installed by Grantee in the Utility:Easement. 3. The rights:granted herein shall:not:be construed to interfere with or restrict the Grantor, its heirs, executors,adininistrators;:successors and assigns from the use of the Property outside of the Utility Easement area for the construction and maintenance of property improvements outside of the Utility Easement area. 4. ThisUtility Easement Mid the rights, obligations and covenants Stated in this Utility Easement-shall run with the land and shall be binding upon and shall inure to the benefit of the Grantor and Grantee. This Utility Easement shall be recorded with the King.County Recorder's Office. 5. It is understood and agreed that delivery of this Utility.Easement is hereby tendered and that the terms and obligations hereof shall not become binding upon City of Renton unless and until approved hereon in writing by City of Renton (as evidenced by its signature below). . 6. Grantee shall be responsible at Grantee's sole cost and expense:(1)to maintain the utilities in Utility Easement area described herein at all times in good,safe, legal and sightly condition and will promptly restore any portion(s) of said Utility Easement area that are from tune to time affected by Grantee's exercise,of its rights under this Utility Easement; and (2) to indemnify,: defend and hold harmless Grantor, its members,managers,employees, agents;.tenants,successors and assigns,and any mortgagee secured by Grantor's Property,from and against any and all losses, . liabilities,claims,actions-,damages and expenses(including without limitation attorneys' fees and costs):to:the extent caused:toor suffered by any such indemnified party by reason of Grantee's exercise of its rights under this Utility Easement. Grantor expressly reserves the right to access, cross over and use the Utility Easement area described herein_(and all air space above the same) for all purposes that do not:unreasonably impair or interfere with the rights of Grantee under this Easement Agreement. • Parcel No. 149450-0050-09 . Page 14 of 29 { • Dated ,2020.. :: Grantor":Argo Renton,LLC,a Delaware limited liability company By: SUNCOR PARTNERS, LLC, a Delaware • limited:liability company Its: Manager By:,CORVALLIS SUNSET PARTNERS, LLC, an Oregon limited liability company Its: Manager :By: Argonaut Investments,LLC,a Delaware. limited liability company(with respect to Series.2) .. . Its: Manager By . . Name: Stephen B.Jaeger :Title::Manager Accepted and Approved: City of Renton . . 13y - Its • Date. :. . : Parcel No. 149450-0050-09 Page 15 of 29 • CORPORATE ACKNOWLEDGMENT STATE'OF ss. COUNTY:OF I certify that I know or have satisfactory evidence that is the person who appeared before:me,and said person acknowledged that they signed this instrument,on oath stated that ! they were:authorized to execute:the instrument and acknowledged it as the : of ,,to-be their free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED this day of,.:. 20 : (SEAL) ' Notary Public Printed:Name. Residing at My appointment expires. INDIVIDUAL ACKNOWLEDGMENT STATE OF: ;ss: COUNTY OF On:this day personally appeared before me ,to me known to: be theindividual(s) described in and who executed the within and foregoing instrument, and acknowledged that : he/she/they signed the:,same as his/her/their free and voluntary act arid:deed, for the uses and purposes therein : mentioned. DATED this day.of: . : 20:.. . (SEAL) - . . : . : . . Notary Public Printed Name. . . Residing ate My appointment expires Parcel No. 149450-0050-09 Page 16 of 29 .. • EXHIBIT "A" ENTIRE PARCEL EXHIBIT A FOR UTILITY/SLOPE EASEMENT SW 114 OF SEC. 03, T. 23 N., R. 05 E., W.M. CITY.OF RENTON, KING COUNTY,NTY,WA LOT 5 OF CENTRAL HIGHLANDS PLAZA, PER AMENDED BINDING SITE PLAN RECORDED UNDER VOLUME:176, PAGES 76-77, KING COUNTY RECORDS OF KING:COUNTY, WASHINGTON. • �rrvnrraraar �ieuacaa:; t f: pad 468a9. FSs� O1 T 4js�C° . of/AM L LPTsO' tav=civasuz2zerrauuc?Qii:�. '6-16;24Z°' EXHIBIT"B" EASEMENT LEGAL DESCRIPTION . Parcel No. 149450-0050-09 Page 17 of 29 . . EXHIBIT B • FOR UTILITY/SLOPE EASEMENT. . . ' ' SW 114 OF SEC" 03, T. 23 N., R. 05 E.,W"M.. CITY OF RENTON', KING'COUNTY,WA ' A PORTION OF.LOT 5 OF CENTRAL HIGHLANDS PLAZA, PER AMENDED BINDING STTE PLAN'RECORDED UNDER VOLUME 176,;PACES 76-77, KING COUNTY. .: RECORDS; SND PORTION BEING MORE PARTICULARLY DESCRIBED AS•FOLLOWS::• . COMMENCING AT THE SOUTHEAST CORNER OF SAID.LOT 5, ALSO BEING THE .. ••• . . . .:. WESTERLY MARGIN OF DUVALL AVENUE NORTHEAST; THENCE NORTH 01'19'44" •. EAST 16:37 FEET:ALONG SAID WESTERLY MARGIN TO THE TRUE:POINT:OF. . BEGINNING;THENCE.NORTH. 88'40'16 WEST'5.00.FEET; THENCE. NORTH.' • . . . ' • ' 01'.19'44" EAST 17.00 FEET;:THENCE SOUTH 88'40'16".EAST..5.00 FEET TO . .. ... . . SAID WESTERLY MARGIN;:THENCE SOUTH 01'19'44" WEST:1:7.00 FEET ALONG SAID:WESTERLY•MARGIN TO THE TRUE POINT OF BEGINNING; •• TOGETHER WITH A PORTION OF SAID LOT 5 BEING MORE PARTICULARLY ' • . DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 5; ALSO BEING SAID WESTERLY MARGIN; THENCE NORTH•01'19'44 EAST 86.27 FEET ALONG SAID: WESTERLY MARGIN TO THE TRUE;POINT`OF:BEGINNING; THENCE NORTH : •8840'16"WEST 3.00 FEET,:THENCE NORTH;01'19'44° EAST 16.27•FEET' • •THENCE NORTtt 88'40'16":WEST:2:00 FEET; THENCE.NORTH.01'19'44""EAST 15.00 FEET;-THENCE SOUTH.88'40'16" EAST.5.00 FEET TO-SAID WESTERLY . • ••• • • MARGIN; THENCE SOUTH O1'19'44"WEST 31.27 FEETALONG SAID WESTERLY. MARGIN TO THE TRUE POINT OF BEGINNING; • ' TOGETHER WITH A PORTION OF SAID LOT 5 BEING- MORE.PARTICULARLY - • ::DESCRIBED AS FOLLOWS: . COMMENCING AT.THE SOUTHEAST CORNER OF SAID LOT 5, ALSO.BEING SAID WESTERLY MARGIN; THENCE.NORTH 01'19'44" EAST 194.02-FEET ALONG SAID :- . WESTERLY MARGIN TO THE TRUE POINT OF BEGINNING; THENCE NORTH • :.88'40'16' WEST 3.00 FEET;.THENCE NORTH 01'19'44". EAST'.1.7.00 FEET; - • : • • THENCE SOUTH 56-40'16" EAST 200 FEET; THENCE NORTH 01'19'44" EAST . ... 41.43 FEET;THENCE SOUTH 88'40'16" EAST 1.00 FEET TO SAID WESTERLY MARGIN; THENCE.SOUTH 01'19'44 WEST 58.43 FEET ALONG SAID WESTERLY .,. - ' MARGIN TO THE TRUE POINT OF BEGINNING; . TOGETHER WITH!A PORTION OF SAID LOT 5,BEING MORE PARTICULARLY . - . DESCRIBED AS FOLLOWS: . .. • COMMENCING AT THE'NORTHEAST CORNER OF SAID"LOT•5 ALSO BEING SAID . ' • ' WESTERLY MARGIN; THENCE SOUTH 04'46'55' WEST 157.93.FEET ALONG SAID ,: : . : • WESTERLY MARGIN.TO A POINT ON.A TANGENT CURVE TO THE LEFT, WITH.A • : • RADIUS OF 1642.0.0 FEET; . .. ' . EXHIBIT`B .•.. . • • • EASEMENT LEGAL:DESCRIPTION • • • Parcel No.-149450-0050-09 . - Page 18 of 29 ' . EXHIBIT B.CON'T FOR UTILITY/SLOPE.EASEMENT. SW 1/4•OF SEC. 03, T.'23 N., R. 05 E.,-W,M -- -CITY OF.RENTON; KING COUNTY, WA THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE'OF . . . • Ot'19:53", AN ARC LENGTH OF 38..16.FEET ALONG SAID WESTERLY:MARGIN - - . - TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING.ON SAID CURVE TO , -- � - -• - : - . THE LEFT WITH A RADIUS-OF•1642.00 FEET, THROUGH A-CENTRAL ANGLE OF: - - :: •'. . -- • I. _ -• •I .02'17'18", AN ARC'LENGTH OF-65.58 FEET ALONG ,SAID :WESTERLY MARGIN; ,•, -'• .. . •- THENCE SOUTH 01'19'44" WEST 34..48 FEET ALONG SAID WESTERLY MARGIN; .. - THENCE NORTH,'88'40'16" WEST 5,00-FEET :THENCE NORTH O1720'08" E . • 40.00 FEET; THENCE SOUTH 88'40'16 EAST 3.00..FEET.TO.A POINT ON A .. . - . NON—TANGENT CURVE TO THE.RIGHT WITH A RADIUS OF :1:644.00 FEET, THE .. . : - : CENTER OF WHICH BEARS SOUTH 88'28'44" EAST; THENCE:NORTHERLY :: : - ' ' ALONG SAID-CURVE THROUGH A CENTRAL ANGLE OF 2'05'46°, AN ARC. .• - • LENGTH OF•60,14:FEET; THENCE SOUTH 88'22'58" EAST 2,00 FEET TO:SAID. -. WESTERLY.MARGIN AND THE TRUE POINT OE BEGINNING; - - .: . • •. : TOGETHER WITH A PORTION OF.SAID LOT 5 BEING MORE;PARTICULARLY : DESCRIBED AS FOLLOWS: - - COMMENCING AT THE NORTHEAST CORNER:OF SAID LOT 5 ALSO'BEING SAID -' . .. WESTERLY MARGIN; THENCE SOUTH 04'46'55" WEST 40.47-FEET ALONG SAID : - ' WESTERLY MARGIN TO THE.TRUE;POINT OF BEGINNING;-THENCE CONTINUING : - - . SOUTHERLY.ALONG SAID WESTERLY..MARGIN SOUTH Q4'56'55 WEST 113.39. - • •' FEET;THENCE:NORTH 85'03'O6" WEST 3.00 FEET; THENCE NORTH 04'56'55" . EAST 9.39 FEET; THENCE SOUTH 85'03'05"'EAST 2.00 FEET; THENCE NORTH. .. - . 04'56'55 EAST 32.98 FEET;.THENCE NORTH 85'03'05" WEST-4.00 FEET; - ::THENCE NORTH 04'56'55",-EAST 15.00 FEET; THENCE:SOUTH•�85'03'05" EAST : - .: . ::4:00 FEET; THENCE NORTH 04'56'55" EAST 47,02 FEET; THENCE NORTH 85'03'05° WEST:2.00 FEET; THENCE NORTH 85'O3'O5' EAST 9.00-FEET; - THENCE SOUTH.04'56'55" EAST 3.00 FEET:TO SAID WESTERLY MARGIN AND : ... . . THE TRUE POINT OF BEGINNING. • - - - CONTAINING 832 SQUARE FEET,. OR LESS. .• - . �� J f I - 989 - s'•,' ' - - .I � fi" • • • . • -Parcel No:149450-0050-09 - Page 19 of 29 -- - l •I. P p is .. .. - EXHIBIT.`.'.C" GRAPHIC DEPICTION EXHIBIT.0 • FOR.UTILITY/SLOPEEASEMENT • . t SW 1/4 OF SEC. 03, T. 23 N., R: 05:E.,W.M. : CITY OF RENTON• , KING COUNTY,WA•• • • - .�?-----.. . . ._ . __ . P,O.C. . . . .. . SO4'58'S5'W . ��a 132,..':, TPOB oN too. • -31 ' , . . , WO' . 1°=low . l29 L28'' Pammetrix ; L22 ... . L27 t . APN 1494500050• :.: L28 t25: J. ARGO RENTON LLC l24 L2., • 4601•NE-SUNSET BLVD 98059 •• •fit • . 1.—T.P.0.8.. LOT 5 :: . : c2:- . , • I .. . . S8S28'44'E :•,:.. .... ... ..:,Cl W . • CENTRAL .HIGHLANDS PLAZA O.. ... •• _. Z. . . . . • . . AMENDED BSP VOL 176, PGS 76-77 W. tZa • > L19 _ € - 1 Li4. ` 17 . Lt2' - T,P.O,B. . . . I . . . • u ' T.P.0.8. • IS LOT 5 =�. Lz T.P:O'B 14 APN 1.49A50005Q. _ �. .. NOE • . . .. . ts37 .. Lt; ., - . . TOTAL AREA r , .O,C. LEGEND 832 SQ. FT, P.O.C. POINT of couNENCEMtHi n�y�tvt:`kC4��i ...T,P.O,B, TRUE POINT Of BEGINNING '�Q- y 4Y ": iko.,, f f�f ,/ - PERMANENT EASEMENT AREA. . . . 1 G• ��,>. - PROPOSED PERMANENT EASEMENT LINE " : •%C..'' EXISTING RIGHT OF WAY LINE % ,u ,., .'' .• •.a . -- •_— CENTERLINE . ,'o.. R.46U89„v,,,tic,. I --- PROP LINE Fss} cisFr y�¢ : •z ERTY • • NAL LA�: $ APN'XXXXXXXXXXX.) KING COUNTY TAX PARCEL NUMBER • 6`7 •2o7,..0' . • • Parcel No. 149450-0050-09 , •Page 20 of 29 • • H . • : EXHIBIT:.`C„ . .. .••: ..: . • ,GRAPHIC DEPICTION : C EXHIBIT:COIN'T FOR.UTILITY/SLOPE EASEMENT • - . -• SW 114 OF SEC: 03, T. 23 N.;.R,05:E:, W.M. - CITY•OF RENTON, KING'COUNTY, WA . .. • . Line Table ,, ' '•• Line Table Line Table Line# Length Direction., Line# Length Direction Line# :Length. Direction • .. :'L1 5.00 N88'40'16'W L1:2 : . 17.00 ' N01'19'44'E .L23 3.00 N85'0305W '.. . . L2 i 1100 N01'19'44'E L13 ,2,00 " S88'40'16'E L24. 9:39.. N04'56'551. 13 5.00 : S88'40;16'E L14 41.43 ' N01'19'44'E L25 2.00" 985'03'05'E :14 17.00 501'19'441V LI5 1.00 '588:40'16'E 126 32.98 N04'56'55'E_ L5 :'3,00. N88'40'161.1 'L16 58.43 S01'19'4419: • • 127. ' 4.00 N85'03'05'W. L6 16.27 1i101'19'44'E L17 • 34:48 S01'19'441ii 128 15.00 1404'56'55'E ... L7 2.00 N88'40'.1614 L18 5.00. ' N88'40'16'l 129 . 4.00: " 586'03'05'E LI3 •_ . 15:00 •N01'19'44'E 119. . 40.00 N01'20'00'E. . . •"•L30 ' 47.02 N04'56'55'E: •'. : L9 5,00 : ,S88'40'15E • L20 i' 3,00 S88'40'167E ' ' 'L31 � 2.00. N85'03'051Y • L10 31.27': ,S01'19'444 W L21 :2.00 : S86'22'58'E L32. -9.00.. N04'56'55.'E 1.11 •.3.00 :N88'40'1614 ' L2.2 ' 113.39 SO4'56'551,1 L33 ' 3.00 5E15'03'05'E . Curve Table " ' Curve#: Length Radius :•Delta ... • ' . Cl " '65.58 1642.00 021718' C2 60.14 1644:00 02 05'4fi' ..• .. �$6iSA\S\ty.�' • .. •- • - to•..ty8 Ans e �{-�,4 IUy�Ty�, .. l yR.. ':4j.s• f. mo .�6889.; a� _ • .. . .IFS Rsi�,f S .��qo JQsb 1 . . . • • Parcel No:149450-0050-09 • .. •. Page 21 of 29 • EXHIBIT:"F" • Grantor(s): Argo Renton,LLC • ::: Grantee(s): City of Renton Legal Description:Lot 5,Central:Highlands Plaza BSI'(176/76) Assessor's Tax Parcel Numbers-149450-0050-09 ' Reference Number of.Related Documents: N/A TEMPORARY CONSTRUCTION EASEMENT Duvall Avenue NE Project("Project") This Temporary Construction Easement(the"Construction Easement"), is made and entered .:into this . day of , 2020, by and between;:Argo Renton,LLC; a: Delaware : • • limited liability'company, ("Grantor'), and the City.of Renton, a.municipal corporation ("City" or"Grantee"). • � 1 For Good.and Valuable Consideration, receipt of which:is:hereby acknowledged, Grantor,. as the owner of that certain.real property legally described on :Exhibit "A" — Entire Parcel ("Property"), attached hereto and incorporated by this:reference, does hereby grant to the City,;a' four thousand six hundred nineteen(4,619)square foot temporary easement area for minor clearing and grubbing'and excavation and fill and:construction purposes:in, on, over,through:and across :. : . that portion of the Property.described on Exhibit".B":("Easement Area")'and depicted on Exhibit: "C",Which ich are attached hereto and.incorporated by this reference, for the purpose of a Temporary Construction Easement; protecting existing public and private improvements in the•immediate vicinity of the Project area;. and/repairing; restoring and/or reestablishing any improvements disturbed:while undertaking the:Project activities described,above.: : :• The temporary rights granted :in this Construction Easement shall be effective upon execution by the parties:Grantee and/or its contractors shall provide forty-eight(48)hours written notice to:the Grantor of its:intent to commence construction. The temporary rights granted the : Grantee hereunder shall automatically expire and terminate arid be null and void upon("Expiration • f Date")the earlier of(i)twenty four(24)consecutive months after the such date of commencement • set forth in.such written notice,or ii .December 31 :2023. • The Grantee agrees to hold harmless indemnify and :defend the Grantor, its members, : :managers, employees; a ents, tenants, successors and assigns, and any mortgagee secured by Grantor's:Property, from and:against any and all:claims, actions, .damages,;expenses (including: reasonable attorneys'.fees),losses or liability„,arising Out ofthe exercise of Grantee's rights under : this Construction Easement or any:.willful;misconduct or negligent act, error; or:omission of the Grantee; its officers, agents, contractors, subcontractors, licensees, or employees, in connection with the Grantee's activities authorized by this Construction Easement, provided,however,:that:• .: (a) The Grantee's obligations:to.indemnify, defend and hold harmless:shall.not extend to injuries,sickness, death or damage caused by or resulting from the sole willful misconduct or sole negligence of the Grantor;and Puce}No. 14945.0-0050 09. .Page 22 of 29 3j . (b):: The Grantee's obligations to indemnify, defend and hold:harmless for injuries, . sickness;death•or damage:caused by or resulting from the concurrent negligence or ' willful:misconduct of the Grantee and the Grantor, or of the Grantee and a third. - : party other than an officer,agent,contractor or employee of the Grantee,shall:apply. i - .. only to the extent of.the negligence or willful misconduct of the Grantee.(including an officer, agent, contractor or employee of the Grantee). :: :Grantee shall, at its sole cost and upon completion of the work within the Easement Area; (but in no event later than the Expiration Date), fully restore the surface and subsurface of the Easement Area:and salty public or private improvements:disturbed by or destroyed during the . .. . • execution of the work, as nearly as practicable, to.the conditions as of the effective date of this easement Grantor expressly reserves the right to access, cross over and:use the Easement Area , described herein.(and all air space above the same)for all purposes that do not unreasonably impair . or interfere with:the.rights of Grantee:under this Easement Agreement. It.is the intention of the parties that this document be strictly limited to and for the purposes .. expressed. . : ... This Construction Easement and covenants herein shall be recorded with the King County Recorder;•shall run with the land described herein; and shall be binding upon the'parties; their'. : successors, heirs and assigns. : Grantor covenants that:it is the lawful :owner:of the above-described property arid has : authority to convey such easement:: It is_understood and agreed that delivery of this Construction Easement is hereby tendered and that the terms and obligations hereof shall not become binding upon the:City of Renton,unless and until accepted:and approved hereon in writing by;the City.of Renton (as evidenced by its : signature below). : .Dated ; :---. 2020 E.. Grantor.:.:Argo Renton',LLC,:a Delaware . : _• . limited liability company By:.SUNCOR PARTNERS,LLC, a Delaware limited:liability company -: Its; Manager By: CORVALLIS SUNSET PARTNERS;LLC; an Oregon limited liability company .. Its: Manager • • • By: Argonaut Investments, LLC, a Delaware . limited liability corgi an (with respect'to Series 2) Its: Manager: Parcel No. 14945.0-0050709 Page 23 of 29 .. By:. :: .. Name:Stephen B.Jaeger Title: Manager Accepted and Approved"by U.S. Bank N.A. Name: } Title;. Accepted and Approved City of Renton By _ - Its Date Page No. 149450-005.0-09. Pa a 24 of 29. - STATE OF : s ss. ; COUNTY OF ..... : :: _: .._. I certify that I.know or have satisfactory evidence that is the person who appeared before me,and said person acknowledged that they signed this instrument,on oath stated that they were authorized to execute the instrument and acknowledged it as the " • ..of .:. ::. , to be their free an d voluntary act of.such party for the uses and: : purposes mentioned in the instrument. • DATED this day.of ,20 (SEAL) } Notary Public • Printed .. Name Residing at My appointment expires " STATE OF s. . . . CO"LINTY.OF I certify that I know.or have satisfactory evidence that _. is the person Whoappeared-before me and said.person acknowled ed that the st g Y-signed this instrument on oath stated that they were authorized to execute the instrument and acknowledged it as the ,to be the.free and voluntary act of such party for the uses and purposes mentioned in the`instrument. DATED this day of 20 (SEAL) Notary:Public Printed Name - - Residing at My appointment expires Parcel No. 149450-0050-09 Page 25 of 29 { . EXHIBIT«A;, . . ENTIRE PARCEL . ; . . EXHIBIT A.. " PROPERTY DESCRIPTION . SW 1/4 OF SEC. 03, T. 23"N., R. 05 E.,W.M. " • -CITY OF RENTON,:KING COUNTY,WA ., " . LOT S:OF CENTRAL HIGHLANDS'PLAZA;:PER AMENDED BINDING:SITE PLAN RECORDED UNDER: • " • VOLUME 176 OF PLATS; PAGES 76-77, KING COUNTY RECORDS OF KING COUNTY, WASHINGTON. . • ���p�oe RAsb�N`ro��� • ..• . . . • or •if>689.,:/ae$ . .: 6-I5-2oZa •.. . Parcel No. 149450-0050-09 . . Page 26 of 29 • . •. .. EXHIBIT''B;, .. ' . . . •• • TEMPORARY CONSTUCTION EASEMENT LEGAL DESCRIPTION . . .. . EXHIBIT B . TEMPORARY CONSTRUCTION EASEMENT DESCRIPTION . . SW 1/4 OF SEC. 03, T. 23 N.; R. 05: .,W.M. :_ - CITY OF RENTON, KING COUNTY,WA• • A PORTION-OF LOT 5 OF CENTRAL HIGHLANDS PLAZA, PER AMENDED BINDING SITE PLAN .. . RECORDED•UNDER VOLUME 176 OF PLATS, PAGES 76-77; KING COUNTY RECORDS, SAID : • I • . • PORTION BEING MORE PARTICULARLY DESCRIBED AS.FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 5; ALSO BEING THE WESTERLY . .MARGIN•OF.DUVALL AVENUE NORTHEAST; THENCE NORTH 88'48'55".WEST 10.00 FEET' ALONG:THE:SOUTH LINE OF SAID LOT:5;THENCE NORTH 01':19'44"'EAST 22.47 FEET; ' THENCE NORTH 88'40'16" WEST 7.00'FEET;THENCE NORTH 01'19'44" EAST 63.82 FEET;: '' ' •• . THENCE SOUTH 88'.40..16".EAST 7.00 FEET; THENCE NORTH 01'19'44" EAST:31.27 FEET; . . THENCE SOUTH 88'40'16". EAST 5.00 FEET; THENCE NORTH 01'19'44" EAST 71.47.FEET; } _ . THENCE•NORTH 88'40'16" WEST 5.00 FEET; THENCE NORTH 01'19'4:4" EAST 22.00 FEET; . •THENCE:SOUTH 88'40'16" EAST:5.00 FEET; THENCE NORTH 01':19`44":EAST 38.43 FEET; . . • THENCE NORTH.88'40'16" WEST 14.59•FEET.TO A PROPERTY LINE OF SAID LOT 5; . •' • - THENCE NORTH 00'51'O2°:EAST 1.84 FEET ALONG:SAID.PROPERTY LINE;'THENCE NORTH .. . • 88'43'06" WEST.540:FEET CONTINUING ALONG SAID.:PROPERTY LINE; THENCE NORTH : ' H:01'19'44"EAST 36.00 FEET;THENCE SOUTH 88'40'16" EAST 15:00:FEET; THENCE NORTH 01'19'44":EAST 40,00 FEET; THENCE SOUTH 88'40'16" EAST 5.00 FEET; THENCE SOUTH ••• . 01'19'44".WEST 40.00 FEET; THENCE SOUTH 88'40'1,6",EAST:5.00::FEET.TO SAID.. . WESTERLY MARGIN; THENCE SOUTH 01'19'44" WEST:34.83 FEET ALONG SAID.WESTERLY MARGIN; THENCE NORTH 88'40'16" WEST 1.00:FEET;.THENCE SOUTH 01'19'.44" WEST ' ' ' . .. 41.43 FEET; THENCE NORTH:88'40'16" WEST 2.00 FEET; THENCE SOUTH 01'19'44"WEST .. - :17.00 FEET; THENCE SOUTH.88'.40'16" EAST 3.00 FEET TO SAID WESTERLY MARGIN; . ' - THENCE:SOUTH.01'19'44"-WEST'76.47 FEET_ALONG SAID WESTERLY MARGIN; THENCE •: .•: NORTH 88'40'16" WEST 5.00 FEET; THENCE SOUTH.01'19'44" WEST 15.00 FEET;'THENCE • .., _ SOUTH 88'40'16":EAST.2,00 FEET; THENCE SOUTH 01',19'44" WEST 16.27 FEET;,THENCE • .. ., •• • • SOUTH.88'40'16" EAST'3;00 FEET TO SAID WESTERLY'MARGIN; THENCE SOUTH 01'19'44" .. . . WEST-52:90. FEET ALONG SAID WESTERLY:MARGIN; THENCE NORTH.88'40'16" WEST 5.00 •• • • FEET;'THENCE SOUTH 01'19'44"WEST:17.00 FEET; THENCE SOUTH:88'40'16" EAST 5.00 :: I : , FEET TO SAID WESTERLY:MARGIN; THENCE SOUTH 01'19'44" WEST 16.37:FEET ALONG SAID • • WESTERLY MARGIN:TO THE TRUE POINT OF:BEGINNING; • TOGETHER WITH A PORTION OF SAID:LOT 5 BEING MORE PARTICULARLY DESCRIBED AS: .. FOLLOWS: .: • BEGINNING AT.THE NORTHEAST CORNER OF SAID LOT-5; ALSO BEING THE WESTERLY .. • - • MARGIN OF DUVALL AVENUE NORTHEAST; THENCE SOUTH 04'56'55" WEST 40.47:FEET ALONG:SAID WESTERLY MARGIN; THENCE NORTH 85'03'05" WEST 3.00 FEET; THENCE 'SOUTH.0c56'55" WEST 9.00; THENCE:SOUTH 85'03'05" EAST 2.00 FEET; THENCE • SO4'56'55"W 47.02 FEET; THENCE NORTH 85'03'05" WEST 4.00 FEET; THENCE•SOLTTH 04'56'55" WEST 15.00 FEET; THENCE SOUTH 85'03'05" EAST 4.00 FEET;'THENCE SOUTH . • . ...• 04'56'55' WEST.32.98.FEET; THENCE NORTH 85'03'05" WEST 2.00 FEET; THENCE SOUTH ' 04'56'55"'WEST 9.39 FEET; THENCE SOUTH 85'03'05" EAST 3.00:FEET TO SAID WESTERLY : • .MARGIN': . . .. . '. ' .Parcel 1Vo. 149450-0050-09 • - _ •Page 27 of 29' . .. . • EXHIBIT B CON'T.. . . . TEMPORARY CONSTRUCTION EASEMENT DESCRIPTION::: : • • . SW 1/4 OF SEC. 03, T..23 N., R. 05 E.., W.M: CITY RENTON, KING COUNTY, WA ::: - • . . THENCE SOUTH•04'56'55":.WEST 4.07 FEET ALONG SAID WESTERLY MARGIN TO A.POINT ON A TANGENT CURVE TO THE.LEFT, WITH A RADIUS OF: 1642.00 FEET; THENCE SOUTHERLY ALONG SAID CURVE THROUGH'A CENTRAL ANGLE OF 01'19'53",'AN-ARC LENGTH OF 38.16 FEET;THENCE NORTH 86'22'58"•WEST 2.00 FEET TO A POINT ON:A NON—TANGENT CURVE: : . .. TO THE RIGHT,.WITH.A RADIUS OF 2880.93.FEET, THE CENTER OF WHICH BEARS.SOUTH. . ' . 87'25'4J" EAST; THENCE•NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF a : 00'50'28", AN•ARC•LENGTH OF 42.29 FEET; THENCE NORTH 85'03'05" WEST 7.00.FEET; .. THENCE NORTH 04'56'55" EAST 57.37 FEET; THENCE SOUTH 85'03'05" EAST 5.00 FEET; ' THENCE NORTH 04'56'55" EAST.47..02.FEET; THENCE NORTH.:85'03'05" WEST 5.00 FEET;: . :'..•. .. , NORTH 04'56'55". EAST 9.00 FEET; THENCE NORTH 85'03'05" WEST 5.00. FEET; THENCE ' ' 1 : NORTH 04'56'55" EAST:39.54 FEET TO THE•NORTH:LINE OF SAID LOT 5; THENCE.SOUTH .. 88'36'38" EAST 15.03 FEET ALONG SAID NORTH LINE TO THE TRUE POINT OF:BEGINNING. CONTAINING.4,619 SQUARE FEET; MORE. OR LESS. .. . Icx4:0 nsyoC�o • • .. . . 4-t5'-2o?6 -: . : : : • : . Parcel No. 149450-0050-09 Page 28 of 29 t • . •4 . . • . EXHIBIT C» .. . .. . GRAPH_ IC DEPICTION . .• . t . EXHIBIT.0 . . TEMPORARY CONSTRUCTION EASEMENT SW 114 OF_SEC. 03,T. 23 N., R:.05:E:, W.M. .: CITY OF RENTON, KING COUNTY,WA . 161 . • • �� L39: • : L401:. g.. . . . . • L55 i L41 0 N .100' f i 1°=1 • au L S.'?y . k4LL44 . Parametrix . i 45' ( •APN: 1494500050 ) %- 146! . . .. ARGO RENTON LLC 1 .,L4a i49 1 4601 NE SUNSET BLVD 98059. .. t53 _ S872543.E• ' " . : • ••LOT 5 •• •• •( ). -,'-L52 . . • . . . • • CENTRAL HIGHLANDS PLAZA ' ' AMENDED BSP VOL 176; PGS :76-.77 Lis W . • z . L1i! • iI' i2D' 7.102 .. !17 i�. L21 t • �.. •L15 - 'l2'2 . . . . • L15.'f • J .. __ - ; i L23 • -."------ L14. Q . . + L12. L11 +. 1 .L2$ t24 • .. 0WI •KEM ( • % ;k +27 . . . • ,: y. L29III1 . • 16.. + r� 13• 0 • sod. • 46889' Q. :-.e .: I, '�L32 Fss R�rs1e4i JQa. .• : — L3S.': . - uisss sza^zc�xuzsa E ////,, I (9 IJr•Z Z !pi l38` • :Ly'" % :.LS7i: . • . .. LEGEND _ .. -; i.JB, . • • T.P.O.B. TRUE POINT OF BEGINNING . . 1 , • %%//�/��e%1!�////%//. Ear a�sntucnoN T.P.O.B... RIS11NG RIGHT OF WAY LINE — CENTERLINE : . . --------•---------- PROPERTY LINE • TOTAL AREA .APN:XXXXXXXXXXX) 'KING:COUNTY TAX PARCEL NUMBER •: . 4,619 S0. FT. . Parcel No. 149450-0050-09 Page 29 of 29 . . G\'CY. .. 0 :•.. - . + ,IFR + . . :: PUBLIC WORKS DEPARTMENT F NT o • .:. M E M.: O R A N D. : U M ....DATE: .... .. .. . August 25, 2020 . . TO;. . Martin Pastucha, Public Works Administrator CC: . . Bob Hanson,.Transportation Design Manager.. . . FROM: .. . . . . Jim Seitz;Transportation Director STAFF CONTACT: Flora Lee,Transportation Project Manager/Civil Engineer:lll • •. SUBJECT: Duvall Avenue NE Project: . . . . .• Signature to authorize Proprietary Items/Sole Source Items for the Project . . . .. •. . . . . . . . The:city seeks to obtain approval to use ro riet. sole source items which include:. Y pP. : . P . p. Y/ F:iberoptic Terminal Panel, Ethernet switch, and preemption Opticom Cable required as • part.of the.DUvall Avenue NE Project contract..The'estimated cost.is$6,098 and the • total estimate cost for the project is$5,999,000:: City standards:requwe the items : ::selected match existiri ginfrastructure to:allow for fiber:communication to:exsting • transportation network and emergency preemption equipment.This also streamlines maintenance for operational efficiencies and:easy:repair or replacement of any components throughout the city.' Such streamlining practices are cost:effective and ' • reduce the required:spare parts stacked for repairs and reduce operational:down time. The items to�be purchased as part of the construction contract are considered proprietary/sole source equipment for:the project.: In:accordance with Policy 250-02 Purchasing,.Bidding and Contracting Requirements, the estimated:purchase amount of • $6,098 is within.the signature authority of the department head. Your signature below :.:will represent authorization to purchase:the equipment_needed for the project. . Thank you. . uk ! A ' :::Martin Pastucha. • Date . . ::.: ' Public Works Administrator .. . Attachment:Duvall'Avenue NE,Proprietary/Sole Source Items list cc:• Bob Hanson,Transportation Design Manager Na'talie:Wissbrod,Accounting Assistant IV . Joey Harnden.,Administrative Secretary I .. • c:\users\Imoschetti\appdata\local\microsoft\windows\inetcache\content.outlook\8ox20ekn\proprietary items memo to pw.admin 2020-08-25.docx::: .: Duvall Avenue NE—Proprietary/Sole Source Items List 3C Opticom Cable Model 138 Opticom cable Use: Emergency/Preemption Fiberoptic Termination Panel Corning SPH-01P with CCH-CP12-59 coupler plate Use: Transportation Network Ethernet Switch Siemens/RuggedCom model RSG910C (replaced with the old model RS940G to support more Ethernet and fiber ports for the system) Use:Transportation Network