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HomeMy WebLinkAboutLUA-06-069_MiscSEP-18-2005 15:35 C !TY OF RENTON 425 430 7231 P.02 DEVELOPMENT SERVICES DIVISION WAIVER OF SUBMITTAL REQUIREMENTS FOR LAND USE APPLICATIONS LAND USE PERMIT SUBMITTAL REQUIREMENTS: Cale!Jl~tions, Colored Maps for Display 4 .construction Mitigation bescrlptior\ if.t,lo• ·.· • Deed of Right-of-Way Dedication Density Wo/J<sheet , .. · Drainage Control Plan 2 Elevations, Architectural J•NO, Existing Covenants (Recorded Copy), Flood Hazard Data, Geo technical Report, ""o, Grading Plan, Detailed 2 Improvement Deferral , King County Assessor's Map Indicating Site, WAIVED MODIFIED BY: BY: I, I 'ri-. COMMENTS: · .. · ...•..... >: ...... _': ..... ·, •" .. '· -·~.,.. . . :.:.., ... • ... ' , .. .. ·.:.:·,,:. ·.·,,, .. : . ._., .. _;;.:;;. ....... ...:>'"":,•.c.• .... ·,-.,:-::: ,.·.,::::-:;., .. : ' {~~iicape p1a~. c;9n,2£iplµ~u > i , : \ '. \.,D ·,·.· "·,·> ... :} : . :---:i: ... :. (.'·\ \ Landscape Plan. Detailed, {s!!i~[Pii#criptjqn • .·. ·· ·· · .. : .. -"'~ ;.::. List of Surrounding Property Owners, Map of Existing Site Conditions, II Monument Cards (one per monument) 1 Neighbor'hood Detail Map// .. is requiremem rnay be wa1vea oy: 1. Property Services Section 2. Public Works Plan Review Section 3. Building Section 4. Development Planning Section j Ll .... ·,.:· .. ~ ··_·:.:, .. 1 j No --. . -" ' .llOn nJ I -J.,, , ~, . ' . \ ·i-; PROJECT NAME: ~J}J ~Shorf-F~ DATE: _q.,,,_(...Lr-'-,r1f-/ly,:._,,_ ___ _ SEP-18-2006 16:35 C !TY OF RENTON 425 430 7231 DEVELOPMENT SERVICES DIVISION WAIVER OF SUBMITTAL REQUIREMENTS FOR LAND USE APPLICATIONS P.03 . . . :Mob..,e·· · . WAJYE;£!< . . <;;y.w. ·.:.l· ..... o ... :avi .,. ,· GOrdMENTSi·.··· Parking. Lot Coverage & Landscaping Analysis , Postage, ;·,. ~-··' Screening Detail • ' ee./tflfi.,( ~t.111--C. ·§~~:~P.iAN:t)~E_: :\:/t:.:~./'.::_::?i. ;:··\.:i·:: --. ~ -~.:·, .. _:;. \.--:;::·?i .~\ i~·-~.:i· ::--:·:· Street Profiles 2 fiil,~lbti~!f:/iArl@f~~Wi~fiit··Irff;::::·n:;/; ., .. ·• ,,: .i : ., · ..... · i, ,:· "-' , ,,.:,'y·::;; · .. ,,}s:J,.<?('•:. ·· Topography Map, iJ~~§@i\'~ .• ::.:::;:. :: .•...... .a:,::::· ., .•... ·,,. :·:: .,.·•·•··.·· X,.t ··t:.·,:·;c;:<.;: .. ··, :. :::.::!TO"''' "··~:·:::_;::;/'.1'~;\;/';;~!; Tree Cutting/Land Clearing Pian , wm~:@,#i.~r:;p:~~~:·i?;~~H~Y\~i~iilP·c;if i ; -:••·• i 1>:< i: O'.··: .·y; ·,: ;\: ,i''.' '·• ···· >?.+.: ,: > ( .· •. \·· ··. ·····i • ...• •ic,'. , ; <;/'.'']!';·:;;:'.~ Utilities Plan, Generalized 2 , ,W~ri~Mitl&li~#l~~;)pJ~::U!.fl;;T;?;11:)ti::>J:,; Jj•W··.·:•.·•·• ,,. i' /iii'\)\'. :>··: ;;.:;i: .. ···'.) •..•. ·:· .. ·;;r·?,,(,}:'l:\l\f},;(\JiiI WeHands Mitigation Plan, Preliminary• ;w.~~m~~~~P~~,~,.~~~1,~Qi,~h~~:z::M+;<~{-~:;;:.:::::j:::(.xf~: r;~ ·:'.\r~::·:·i~~ .. :~:rm :~:::-t :> r.>· :~:~~ ·::~:?·(~ ~:~; _;·, -.. ; --, ..... ··:::. ,, . :· : :; : :, ..... :. ~.::.·::. :.f.::: -~~.::: .::?\.:~~~~~;-~~~-~:::·~~;Ji~~tnJ~ Wireless: Applicant Agreement Statement 2 AND 3 Inventory of Existing Sites 2 ANO• Lease Agreement, Draft , ..,,0 , Map of Existing Site Conditions , AND 3 Map of View Area , AND, Photosimulations 2 AND 3 " 5~ 5fu.d.t,,,. :---11 / ,Cu,, .... u '-.... -~:L-'2"b'T'L-I This requirement may bl! waivecM>y~ ~rr 1. Property Services Section 2-Public Works Plan Review Seclion . 3_ Building Section 4_ Development Planning Section PROJECT NAME: ~ JA-~,-r I'~ DATE: ---L~,__7,____,r r~/--=t?~r;,:.._· __ O·\WFR\PVv\nFVSFRV\Fnrm.-:\Pl::irininn\w~i11~r 'Ille. IHl/??/1('1(11, TOTAL P.03 A,. ASCCi COMPANY September 19 2006 Ms. Laureen Nicolay City of Renton Development Services Division 1055 South Grady Way Renton, Washington 98055 RE: The Landing -Lot 3A Short Plat Subdivision 33SO Monte Villa Parkway Bothell, Washington 98021-8972 42S.9S 1.4800 Fax 42S.9S 1.4808 Confirmation of Compliance with all conditions of Plat Approval Dear Ms. Ding: Confirmations of Compliance with all conditions of the Plat Approval as requested are listed below: Note the City of Renton land use action number and land record number, LUA-06-069-SHP and LND-20-0456, respectively, on the drawing. The type size used for the land record number should be smaller than that used for the land use action number. This has been changed and is on the plan sheets. Show two ties to the City of Renton Survey Control Network, or tie by reference. Add the following (if tying by reference) to the "NOTES" block on Sheet 1 of 2: "FOR TIES TO THE CITY OF RENTON SURVEY CONTROL NETWORK PER CITY OF RENTON LOT LINE ADJUSTMENT, KING COUNTY, RECORDING NO. 20041223000856" or other recorded document. This has been done and is on the plan sheets. Note all easements, covenants and agreements of record on the drawings. Done Change the text, noted with three of the easements (two water easements and one sanitary sewer easement) on the short plat drawing, from "TO BE RELEASED BY SEPARATE DOCUMENT" to "TO BE REQUESTED FOR RELEASE BY SEPARATE DOCUMENT". This has been done. All vested owner(s) of the subject short plat need to sign the final short plat drawing. Including notary blocks as needed. All vested owners have been added to the short plat and will sign the final Mylar's when requested for recording. whpacific. com planners surveyors engineers landscape architects September 19, 2006 Ms. Laureen Nicolay City of Renton Development Services The Landing -Lot 3A Short Plat Page 2 of2 It is suggested that DECLARTATION be used instead of "DEDICATIONS" for the title of the dedications block noted in the upper left-hand corner of Sheet 1 of 2. DECLARATION is a better fit for the language noted within said block. This has been changed. Note that if there are easements, restrictive covenants or agreements to others (City of Renton, etc.) as part of this subdivision, they can be recorded concurrently with the short plat. The short plat drawing and the associated document(s) are to be given to the Project Manager as a package. The short plat will be recorded first (by King County). The recording number(s) for the associated document(s) are to be referenced on the short plat drawing. Provide spaces for the recording numbers thereof. This has been done. Sincerely, W&HPACIFIC Kim R. Wilson Project Coordinator Enclosures whpacific. com planners surveyors engineers landscape architects -~ . REPORT City of Renton -tJ {tf86 Department of Planning I Building I Public Works & DECISION ADMINISTRATIVE SHORT PLAT REPORT & DECISION A. SUMMARY AND PURPOSE OF REQUEST: REPORT DA TE: June 29, 2006 Project Name The Landing Lot 3 Short Plat Owner: Transwestern Harvest Lakeshore, LLC, 9214 Westchester Dr Suite 650, Dallas, TX 75225 Applicant: Nicole Hernandez, W&H Pacific, 3350 Monte Villa Pkwy, Bothell, WA 98021 Contact: Rob King, Harvest Partners, 20503 88th Ave W, Edmonds, WA 98026 File Number LUA-06-069, SHPL-A I Project Manager I Jill K. Ding, Senior Planner Project Description The applicant is requesting Administrative Short Plat Approval for the subdivision of an existing 575,055 square foot (13.2 acre) parcel located within the Urban Center -North 1 (UC-N1) zoning designation for the future construction of a commercial development with associated parking and landscaping improvements. The subject property was previously used as a parking lot. Proposed Lot 1 area would be 228,261 square feet and proposed Lot 2 area would be 346,794 square feet. A Master Plan has been approved on the subject property under LUA05-136, SA-M. Project Location Between Park Ave N, N 1 o'" Street, Garden Ave N, and N 8th Street Project Location Map AdminRPT_LandingLot3.doc City of Renton P/8/PW Department Administrative Land Use Action REPORT AND DECISION DATED June 29, 2006; PROJECT LUA-06-069, SHPL-A Page2 B. GENERAL INFORMATION: 1. Owners of Record: Transwestem Harvest Lakeshore LLC 2. Zoning Designation: Urban Center -North 1 (UC-N1) 3. Comprehensive Plan Land Use Designation: Urban Center North (UCN) 4. Existing Site Use: The site has been previously been used as a parking lot. 5. Neighborhood Characteristics: North: N 10"' Street (UC-N1 zone) East: Garden Avenue N (UC-N1 zone) South: N 8"' Street (UC-N1 zone and IH zone) West: Park Avenue NE (UC-N1 zone) 6. 7. Access: Site Area: Via driveways onto N 1 o"' Street, Garden Ave N, N B"' Street, or Park Ave N 575,055 square feet/13.2 acres C. HISTORICAUBACKGROUND: Action Comprehensive Plan Zoning Annexation Lakeshore Landing Binding Site Plan Master Site Plan Approval Lot Line Adjustment D. PUBLIC SERVICES: 1. Utilities Land Use File No. N/A N/A N/A LUA04-081 LUA05-136 LUAOB-004 Ordinance No. 5099 5100 1793 N/A NIA N/A Water: Water improvements to be installed at a later date under other permits. Sewer: Sewer improvements to be installed at a later date under other permits. Date 11/01/2004 11/01/2004 09/15/1959 07/30/2004 05/19/2006 05/10/2006 Sunace Water/Storm Water: Stormwater improvements to be installed at a later date under other permits. 2. Streets; Street improvements to be installed at a later date under other permits. 3. Fire Protection: City of Renton Fire Department E. APPLICABLE SECTIONS OF THE RENTON MUNICIPAL CODE: 1. Chapter 2 Land Use Districts Section 4-2-020: Purpose and Intent of Zoning Districts Section 4-2-070: Zoning Use Table Section 4-2-120: Commercial Development Standards 2. Chapter 4 Property Development Standards Section 4-4-030: Development Guidelines and Regulations 3. Chapter 6 Streets and Utility Standards Section 4-6-060: Street Standards 4. Chapter 7 Subdivision Regulations Section 4-7-070: Detailed Procedures for Short Subdivisions Section 4-7-120: Compatibility with Existing Land Use and Plan-General Requirements and Minimum Standards AdminRPT_ LandingLot3. doc City of Renton PIB/PW Department Administrative Land Use Action REPORT AND DECISION DATED June 29, 2006; PROJECT LUA-06-069, SHPL-A Page 3 Section 4-7-150: Streets-General Requirements and Minimum Standards Section 4-7-180: Commercial Blocks and Lots-General Requirements and Minimum Standards 5. Chapter 9 Procedures and Review Criteria F. APPLICABLE SECTIONS OF THE COMPREHENSIVE PLAN: 1. Land Use Element -Urban Center North G. DEPARTMENT ANALYSIS: 1. Project Description/Background The applicant, Nicole Hernandez of W&H Pacific, is proposing to subdivide a 13.2-acre (575,055 square foot) parcel zoned Urban Center -North 1 (UC-N1) into two lots. The property is located south of N 10th Street, west of Garden Avenue N, North of N s'" Street, and east of Park Avenue N. Proposed lot sizes are: Lot 1 at 228,261 sq. ft. and Lot 2 at 346,794 sq. ft. Access to the proposed lots would be provided via N 10'" Street, Garden Avenue N, N 8th Street, or Park Avenue N. 2. Environmental Review Except when located on lands covered by water or sensitive areas, short plats are exempt from SEPA Environmental Review pursuant to WAC 197-11-800(6)(a). 3. Compliance with ERC Conditions NIA 4. Staff Review Comments Representatives Imm various city departments have reviewed the application materials to identify and address issues raised by the proposed development. These comments are contained in the official file, and the essence of the comments has been incorporated into the appropriate sections of this report and the Departmental Recommendation at the end of the report. 5. Consistency Short Plat Criteria Approval of a plat is based upon several factors. The following short plat criteria have been established to assist decision-makers in the review of the plat: a) Compliance with the Comprehensive Plan Designation The site is designated Urban Center North (UCN) on the Comprehensive Plan Land Use Map. The purpose of the UC-N is to redevelop industrial land for new office, residential, and commercial uses at a sufficient scale to implement the Urban Centers criteria adopted in the Countywide Planning Policies. This portion of the Urban Center is anticipated to attract large-scale redevelopment greater than that in the Urban Center-Downtown, due to the large available land holdings under single ownership. In addition, this new development is expected to include a wider group of uses including remaining industrial activities, new research and development facilities, laboratories, retail integrated into pedestrian-oriented shopping districts, and a range of urban- scale mixed-use residential, office and commercial uses. The combined uses will generate significant tax income for the City and provide jobs to balance the capacity for the more than 5,000 additional households in the Urban Center. The proposal is consistent with the following Comprehensive Plan Land Use Element policies: Policy LU-272. Support uses that serve the region, a sub-regional, or citywide market as well as the surrounding neighborhoods. The proposed short plat would create two parcels, which are proposed to be developed with commercial/retail structures as specified under the Landing Master Plan (File No. LUA05-136). The implementation of the Landing Master Plan would create a development, which would serve at a minimum the surrounding neighborhoods and possibly an even larger market. AdminRPT_LandingLot3.doc City of Renton P/B/PW Department AdministraUve Land Use Action REPORT AND DECISION DATED June 29, 2006; PROJECT LUA-06-069, SHPL-A Page 4 Policy LU-280. Use a hierarchy of conceptual plan, master plan and site plan review and approval to encourage the cohesive development of large land areas within the Urban Center-North. Incorporate integrated design regulations into this review process. The subject property was previously reviewed under the Landing Master Plan and is proposed to be developed with commercial/retail structures. Prior to the issuance of building permits Administrative Site Plan approval will be required. Policy LU-281. Address the mix and compatibilitY of uses, residential density, conceptual building, site and landscape design, identification of gateway features, signs, circulation, transit opportunities, and phasing through master plan and site plan review process. These issues will all be addressed through the site plan review process. The subject property was a part of the Landing Master Plan that has been completed. An Administrative Site Plan Review of the proposed structures will be required prior to the issuance of any building permits. b) Compliance with the Underlying Zoning Designation The subject site is designated Urban Center-Norih 1 (UC-N1} on the City of Renton Zoning Map. The proposed development would allow for the future construction of a commercial development on the subject property. The allowed density range in the UC-N1 zone is a minimum of 20 (unless a mixed use development is proposed} to a maximum of 85 dwelling units per acre. Density for flats may be increased up to 150 dwelling units per net acre provided that ground-floor commercial uses are incorporated into the structure. Net density is calculated after the deduction of sensitive areas, areas intended for public right-of-way, and private access easements. No residential units are proposed on the subject property; therefore this section does not apply. The allowed building lot coverage in the UC-N1 zone is 90 percent of the total lot area or 100 percent if parking is provided within the building or within a parking garage. The lot coverage for the new lots would be verified at the time of Site Plan review. The required setbacks in the UC-N1 zone are as follows: the minimum front yard and side yard along a street setbacks are O feet and the maximum front yard and side yard along a street setbacks are 5 feet, no interior side or rear yard setbacks are required. The setbacks for the proposed lots would be verified at the time of Site Plan review. The parking regulations require a minimum number of spaces depending on the use proposed. Along a pedestrian-oriented street parking may not be located between the proposed building associated with the parking and pedestrian-oriented public streets unless located within a structured parking garage. On other arterials, local streets, and internal streets parking shall be located consistent with RMC 4-3-100E1 Urban Center Design Overlay Regulations. Compliance with the parking requirements will be verified at the time of Site Plan review. c) Community Assets The subject property was previously used as a parking lot; there is no vegetation on the property. The City's landscaping regulations require the installation of landscaping within all required setback areas along a street frontage. Additional landscaping is required within surface parking lots based on the number of parking spaces provided. The landscaping proposed shall either consist of drought resistant vegetation or shall be irrigated appropriately. Compliance with the landscaping requirements will be reviewed at the time of Site Plan review. d) Compliance with Subdivision Regulations Streets: No new public streets would be created as part of the proposed short plat. The subject property has frontage along N 10'" Street, Park Avenue N, N 8'" Street, and Garden Avenue N. No street improvements are required to be installed under this short plat. All street improvements will be installed at a later date under other permits. Blocks: No new blocks will be created as part of the proposed short plat. AdminRPT_LandingLot3.doc City of Renton P/B/PW Department Administrative Land Use Action REPORT AND DECISION DATED June 29, 2006; PROJECT LUA-06-069, SHPL-A Page 5 Lots: The size, shape, orientation, and arrangement of the proposed lots comply with the requirements of the Subdivision Regulations and the development standards of the UC-N 1 zone. Each lot is roughl~ rectangular in shape. Both of the proposed lots provide direct access to a public street (N 10 Street, Park Avenue N, N 8th Street, or Garden Avenue NJ. The minimum lot size in the UC-N 1 zone is 25 acres, however the minimum lot size can be amended through Site Development Plan Review under RMC 4-9-200. The subject property was included in the Landing Master Plan (LUA05-136) that was approved May 19, 2006. Under the approved Master Plan, it was indicated that a commercial/retail development would occupy the subject property. The proposed subdivision would further the implementation of the approved Master Plan, therefore per the approved Master Plan lot sizes less than 25 acres in area may be permitted on the property. Proposed Lot 1 would be 228,261 square feet (5.24 acres) in area and proposed Lot 2 would be 246,794 square feet (7.96 acres) in area. There is no minimum lot width or depth required in the UC-N1 zone. Proposed Lot 1 has a lot width of 325 feet and lot depth of 7 45 feet. Lot 2 has a lot width of 390 feet and a lot depth of 840 feet. The dimensions of the proposed lots meet the minimum width and depth requirements and are compatible with other existing lots in this area under the same UC-N1 zoning classification. In addition, both lots appear to contain adequate building areas for the construction of the proposed commercial/retail development when taking setbacks and lot coverage requirements into consideration. These requirements will be reviewed at the time of Site Plan review. e) Reasonableness of Proposed Boundaries Access: Each lot would have direct access to a public right-of-way (N 10th Street, Park Avenue N, N 8th Street, and Garden Avenue N) via driveway entrances. Topography: The topography of the subject site is flat. Relat!onship to Existing Uses: The properties surrounding the subject site are commercial and industrial uses designated Urban Center -North 1 (UC-N1) on the City's zoning map. The proposal is similar to existing development patterns in the area and is consistent with the Comprehensive Plan, Zoning Code, and The Landing Master Plan (LUA05-136). f} Availability and Impact on Public Services (Timeliness) H. Findings: Police and Fire: Police and Fire Prevention staff indicate that sufficient resources exist to furnish services to the proposed development, subject to the installation of Code required improvements and the payment of fees. Storm Water. No stormwater improvements will be installed with this short plat. All stormwater improvements will be installed at a later date under separate permits. The Surface Water System Development Charges will be assessed prior to the issuance of building permits. Utilities: No utility related improvements will be required to be installed under this short plat. All utility related improvements will be installed at a later date under separate permits. The Water and Sewer System Development Charges will be assessed and paid prior to the issuance of building permits. Having reviewed the written record in the matter, the City now enters the following: 1. Request: The applicant has requested Administrative Short Plat Approval for the Landing Lot 3 Short Plat, File No. LUA-06-069, SHPL-A. 2. Application: The applicant's short plat application complies with the requirements for information for short plat review. The applicant's short plat plan and other project drawings are contained within the official land use file. 3. Comprehensive Plan: The subject proposal is consistent with the Comprehensive Plan designation of the Urban Center North (UCN) land use designation. AdminRPT_LandingLot3.doc City of Renton P/B/PW Department Administrative Land Use Action REPORT AND DECISION DATED June 29, 2006; PROJECT LUA-06-069, SHPL-A Page 6 4. Zoning: The proposal as presented complies with the zoning requirements and development standards of the Urban Center -North 1 (UC-N 1) zoning designation, provided all advisory notes and conditions of approval are complied with. 5. A lot size of less than 25 acres is permitted as the subject property was reviewed under The Landing Master Plan (LUA05-136). 6. Subdivision Regulations: The proposal complies with the requirements established by the City's Subdivision Regulations provided all advisory notes and conditions are complied with. 7. Existing Land Uses: Land uses surrounding the subject site include: North: N 10th Street (zoned UC- N1 ); East: Garden Avenue N (zoned UC-N1); South: N 8th Street (zoned UC-N1 and IH}; and West: Park Avenue N (zoned UC-N1 ). 8. Setbacks: The setbacks for future development would be reviewed during the Site Plan review process. 9. System Development Charges: A Water System Development Charge, a Surface Water System Development Charge and a Sewer System Development Charge, at the current applicable rates, will be required for the proposed development. 10. Public Utilities: Utility improvements will be installed at a later date under separate permits. I. Conclusions: 1. The subject site is located in the Urban Center North (UCN) comprehensive plan designation and complies with the goals and policies established with this designation. 2. The subject site is located in the Urban Center -North 1 zoning designation and complies with the zoning and development standards established with this designation provided all advisory notes and conditions are complied with. 3. The proposed short plat would create two lots less than 25 acres in area, which may be permitted as the site was reviewed under the approval Landing Master Plan {LUA05-136). 4. The proposed two lot short plat complies with the subdivision regulations as established by city code and state law provided all advisory notes and conditions are complied with. 5. The proposed two lot short plat complies with the street standards as established by City Code, provided the project complies with all advisory notes and conditions of approval contained herein. J. DECISION: The Landing Lot 3 Short Plat, File No. LUA-06-066, SHPL-A, is approved. DATE OF DECISION ON LAND USE ACTION: SIGNATURES: TRANSMITTED this 291" day of June, 2006 to the Owner: Transwestem Harvest Lakeshore, LLC 921 Westchester Drive, Suite 650 Dallas, TX 75225 AdminRPT_LandingLot3.doc (l-z.c;jae decision date City of Renton P/BIPW Department REPORT AND DECISION DATED June 29, 2006; PROJECT LUA-06-069, SHPL-A TRANSMITTED this 29"' day of June, 2006 to the Applicant: Nicole Hernandez W&H Pacific 3350 Monte Villa Pkwy Bothell, WA 98021 TRANSMITTED this 29"' day of June, 2006 to the Contact: Rob King Harvest Partners 20503 88"' Avenue W Edmonds, WA 98026 TRANSMITTED this 29"' day of June, 2006 to the Parties of Record: Peter L. Buck Buck & Gordon, LLP 2025 First Avenue, Suite 500 Seattle, WA 98121-3140 Claudia M. Newman PASS Bricklin, Newman, Dold, LLP 1001 Fourth Avenue, Suite 3303 Seattle, WA 98154 TRANSMITTED this 29'" day of June, 2006 to the following: Larry Meckling, Building Officfal Stan Engler, Fire Marshal Neil Watts, Development Services Director Jennifer Henning Jan Conklin Garrie Olson Lawrence J. Warren, City Attorney South County Journal Land Use Action Appeals & Requests for Reconsideration Administrative Land Use Action Page7 The administrative land use decision will become final if the decision is not appealed within 14 days of the effective date of decision. An appeal of the decision must be filed within the 14-day appeal period (RCW 43.21.C.075(3); WAC 197-11-680). RECONSIDERATION. Within 14 days of the effective date of the decision, any party may request that a decision on a short plat be reopened by the Administrator. The Administrator may modify his decision if material evidence not readily discoverable prior to the original decision is found or if he finds there was misrepresentation of fact. After review of the reconsideration request, if the Administrator finds insufficient evidence to amend the original decision, there will be no further extension of the appeal period. Any person wishing to take further action must file a formal appeal within the following appeal timeframe. APPEAL. This administrative land use decision will become final if not appealed in writing to the Hearing Examiner on or before 5:00 PM on July 13, 2006. Appeals to the Examiner are governed by City of Renton Municipal Code Section 4-8-110. Additional information regarding the appeal process may be obtained from the Renton City Clerk's Office, (425) 430-6510. Appeals must be filed in writing, together with the required $75.00 application fee, to: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98055. EXPIRATION DATE: The Short Plat approval will expire two (2) years from the date of approval. An extension may be requested pursuant to RMC section 4-7-080.M. AdminRPT_ LandingLot3. doc City of Renton P/B/PW Department Administrative Land Use Action REPORT AND DECISION DATED June 29, 2006; PROJECT LUA-06-069, SHPL·A Page 8 ADVISORY NOTES TO APPLICANT The fol/owing notes are supplemental information provided In conjunction with the administrative land use action. Because these notes are provided as Information only, they are not subject to the appeal process for the land use actions. Planning 1. RMC section 4-4-030.C.2 limits haul hours between 8:30 am to 3:30 pm, Monday through Friday unless otherwise approved by the Development Services Division. The Development Services Division reserves the right to rescind the approved extended haul hours at any time if complaints are received. 2. Commercial, multi-family, new single family and other nonresidential construction activities shall be restricted to the hours between 7:00 a.m. and 8:00 p.m., Monday through Friday. Work on Saturdays shall be restricted to the hours between 9:00 a.m. and 8:00 p.m. No work shall be permitted on Sundays. Property Services 1. See Attached Fire 1. Street addresses shall be visible from a public street. Plan Review -Storm/Surface Water 1. The Surface Water System Development Charges will be assessed and paid prior to the issuance of building permits. 2. Stormwater improvements will be installed at a later date under separate permits. Plan Review -Sewer 1. Sanitary Sewer System Development Charges will be assessed and paid prior to the issuance of building permits. 2. Sewer improvements will be installed at a later date under separate permits. Plan Review -Water 1. Water System Development Charges will be assessed and paid prior to the issuance of building permits. 2. Water improvements will be installed at a later date under separate permits. Plan Review Streets/Transportation 1. Street improvements will be installed at a later date under separate permits. Plan Review -General 1. All plans shall conform to the Renton Drafting Standards. AdminRPT_LandingLot3.doc A PORTION RGE. 3 i: .. ---.....,, , ~ ~ • o• '" -· 00 ~g ·~ ... ,~ .~ >--g;; 0 :5~ ~ '.~g . -~ ?;!er' 3 " 8 0 i ' ' I " ~ "' "' Q: s: a_ /s a ~j < S2.s· LOT 1 228,261 SO. FT 5.24 AC. U,D ____ _ SURV£YEIJ BY~ CHECKED BY: DRAl'IN BY: . ._______ff'_f__ APPROVED SY: __ _ LAST EDIT: PLOT OATf.: ~ OAT[ BY R[V R[VISION 1CK'O APPR SHORT SUBDIVISION OF THE NW 1 /4 OF SECT. 8, TWP. 23 N., W.M., CITY OF RENTON. KING COUNTY, WA. -------:----\ \ JI,' .-I ~ \ \ \ \ , .. i~. ·'8.g. ,· \ \ \ @~! -.t~ I ~§~~ I ~ij~i: ~:S::f:11 ~~;:c:i I ;~1'5511 •=g:::: I ·•' ~, I I I I I I I LOT 2 J46, 794 SO. FT. 7.96 AC. 80 I* 0 --SCALE JO I ( FEET) 60 I 1 INCH "' 60 FT I \ \ .. \ ' ' "' ' \\ I \\ \ 1\ ' I c;, \ '" I \\\ z, ,~\ \\"'z\ I , I \ \\\ ' \ \ \ \ ll'•880.00 ' \ ,-,~ ... 1 r.,,...1~J.J2 ~.i-1~'.J0'11r• \\ \ @ ' i \ I: ', 3330 Mo.o<• Ylll• fo,-k,n,l Bot.boil, f•.abl.btl"" ~-8vr.! i N PROJEC SITE -®- I \ LOT3 1-405 SCALE 0 150 300 600 ( FEET) 1 INCH = 300 FT NEIGHBORHOOD DETAIL MAP L._ N ;;:i r.tal ~ z .... ~ .... l2 2 ) D4 • 5 T23N R5E W 1/2 / CN "/ .. ~~-~~~t4-2,>--------'--I 'T----/ R;a, z (l) i> -,,: ~ {1j OJ) 0 .....cl Ii i J '. ii ' ' / / ~___/ / ~,, /'_/ ,/ \/uc-N2 /; . / / / / / / / ?' .L~-~-"=-,-=·-'·-'-.... ~----_____ .. .," .. ···· t,---------------. -------~------- UC-Nl ..-------.--.. ·- U ~-Nl ~. UC-N z F4 · 17 T23N R5E W 1/2 ZONING ----Renton Off,7 L1m1t,,, P/B/PW TECHNICAL SBRVICBS Ol/16106 N 8th \ ' \ \ '·, 0 230 "oc 1:4.800 E4 8 T23N R5E W 1/2 5308 DATE: TO: FROM: SUBJECT: CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM June 15, 2006 Jill Ding Sonja J. Fesser~ Landing Lot 3 Short Plat, LUA-069-SHPL Format and Legal Description Review Bob Mac Onie and I have reviewed the above referenced short plat submittal and have the following comments: Comments for the Applicant: Boeing Binding Site Plan Tract "N'' was part of Lot 3A when said Lot was established per City of · Renton Lot Line Adjustment No. LUA-06-068-LLA, under Rec. No. 20041223000856. Said tracts can be shown as part of this short plat request if the following occurs: 1) If said tract is to remain on the short plat submittal, it needs to be referenced as in the legal description (Sheet 1 of 2), and the City of Renton needs to be a party to and a signatory of the short plat (Sheet 1 of 2). 2) If said tract "N'' is vacated the legal description would need to be modified to include the Tract i.e. "TOGETHER WIT1I VACA TED TRACT ... " including the recording of the vacation Ordinance. The tract may be shown on the short plat but cannot be included within the boundary of Lot 1 unless either of the two options abcive has been met. The indexing information noted on both short plat drawing sheets is incorrect -the "RGE" should · · be 1, not "3". "DELAWARE" is misspelled on sheet 1. NOTE: The legal description included in the First American Title Insurance Company Subdivision Guarantee documei,t, Order No. NCS-229509-WAl, dated April 14, 2006, is out-of- date. The subject property is described therein as ''Lots 2 and 3 Boeing Lakeshore Landing, Binding Site Plan," etcetera rather than the legal description shown on the short plat. \H:\File Sys\LND · Land Subdivision & Surveyiog l.w;oros\LND-20-Short Plats\0456\RV060615.doc June 23, 2006 Page2 ' \ \.'.,,.) Item No. 8 under ''RECORD MATIERS" of said subdivision guarautee document, references Rec. No. 9607220167 for a control panel, architectural control wall and railing, etc., which does not appear to be noted on the short plat drawing. Information needed for final short plat approval includes the following: Note the City of Renton land use action number and land record number, LUA-06-069-SHPL and LND-20-0456, respectively, on the drawing. The type size used for the land record number should be smaller than that used for the land use action number. Show two ties to the City of Renton Survey Control Network, or tie by reference. Add the following (if tying by reference) to the "NOJES" block on Sheet 1 of 2: ''FOR TIES TO THE CITY OF RENTON SURVEY CONTROL NETWORK PER CITY OF RENTON LOT LINE ADJUSTMENT, KING COUNTY, RECORDING NO. 20041223000856" or other recorded document. Note all easements, covenants and agreements of record on the drawing. Change the text, noted with three of the easements (two water easements and one sanitary sewer easement) on the short plat drawing, from" TO BE RELEASED BY SEPARATE DOCUMR.'IT'"' to "TO I3E REQUESTED FOR RELEASE BY SEPARATE DOCUMENT'. All vested owner(s) of the subject short plat need to sign the final short plat drawing. Include notary blocks as needed. It is suggested that DECLARATION be used instead of "DEDICATIONS" for the title of the dedications block noted in the upper left-hand comer of Sheet 1 of 2, DECLARATION is a better fit for the language noted within said block. Note that if there are easements, restrictive covenants or agreements to others (City of Renton, etc.) as part of this subdivision, they can be recorded concurrently with the short plat. The short plat drawing and the associated document(s) are to be given to the Project Manager as a package. The short plat will be recorded first (by King County). The recording number(s) for the associated document(s) are to be referenced on the short plat drawing. Provide spaces for the recording numbers thereof. Fee Review Comments: The Fee Review Sheet for this review of the preliminary short plat is provided for your use and information. H:\File Sys\LND -Land Subdivision & Surveying Records\l.ND-20 -Short Plats\0456\RV060615.doc\cor PROPERTY S , VICES FEE REV1EW FOR SUBDIVISIO(. ... · ~o. 2006 • ~-~8,_5.,__ __ ,, __ ! '<:.:..:;.- APPLICANT: ::t:B,u J'h\6,A=:S f mu H4e,,4=5:f I A-kJR'ftH:::aF:: / / C RECE1VED FROM-------(date) · i-J. em+.sr . .JOB ADDRESS::?ffW\.,/ ,::l?4af< M'F U 1 /.J lo:tH Bi'.,Q6PC'FU 4¥5 IJ & WO#, __ i_,__,7wG,..·,,,o .... S"------ NATURE 0FWORK: e·/QTSiWtrl?fMU 41 tt>•~ 1Gldf3.SWORTPfAT)LNDH m~045<a 'X PRELIMINARY REVIEW OF ~ON BY WNG PI.At; Nlml> MOXE Jffii'6RMATION: -LEGAL DESCRn"TION SHORT PLAT, BINDJNG Sl'IE i'LAN, ETC. -PID l's -VICINrl'Y MAP -FINAL REVlEW OF SIJllD[VJSION, 'l'.1IIl! REVIEW R&Pi:.ACES · SQUARE FOOTAGE -OTHER PRELIMINARY FEE REVIEW DATED -FRONT FOOTAGE SUBJECTPROPERTYPARENI'PID# O,Sf!Ga;o •0?00 X' NEW KING CO. TAXACCT.#(s) are required when assigned by King Coullty; r, is lhe intetlt of Ibis develapmeat foe analysis to ~ lhe developer/own,:, on notice. lllat.fbe ree, qaou:d l>clow m>y be applicable Ill lhe subject site upon developmell! of lhe p,,,perV. Ml qnm,d f= are potclllial· cllllrgcs d!at may be cine ml payable at lhe lime die·~ ¢mll'· is issued fl> insrall die on-site and off-site improvoments (Lo. uudcrgmun<I utilllies, street impmv.-, Cl&.) 'l'riggeril,g. mwiaoisrns for Ibo SOC fees wlltbe based on cum:nt City oi:dinailoos :ml determined by Ibo applicable Utili1y Section. Please note lhat lhesc fee, are su!iiect to etw,ge Wilbaul nofice. Final fe« will be based oil rams m elJtct at time of Buildmg Permil/Construction Pcanit application. · Ult, existing house on SP Lot H ad~ as has not: pteviously paid ____ SDC fees, doe to ~"on to City llillities prior ll> exl$tllnoe of 8DC fee Ord. SP LIii# . will-be subject to liifUre wcrees. ifttlggeri1qpoem•JfiM<tltle!Qu.&ed·-witlwl cilm!lltCity ffl'jfillattc<s~ We underslaJl(I ~t this subdiv.isil>n Is in. ibe pi:eflininacy stag" and fflat we will blwe Ifie opportllllily to .tt:We\V k ~ain befure recordalioil. .d NM' ' ··~~ i,~ ·' . ! -•If subject pi:opt,tty 1$ wi1;M)I' !'ll f;;m, It is de.v.¢1opets respontlliilify·W i,it~ \!iUI. the F'm:ante J,<pt. -for'patifiun•)'°itid st\ilns. Square fl>l!tage (igux,es ai'.e taken ft;-0fu the King County Asses'~f'• i»llit ll,'!1:11' ,m, subjeµt to cli>ulgll. ·. Current City SOC t\,e tharg/% li!lPiy lo ------....c..~~---.,.----- EFFECTIVE January 8, 2006 page 1 HARVEST PARTNERS -LAKESHORE LANDING Project: 32536 Fri May 19 13:51:55 2006 Parcel Map Check Parcel name: LOT 3A ALL North: 184714.49090 Line Course: N 62-58-38 W North: 184734.85463 Line Course: S 71-59-30 W North: 184622.11187 Curve Length: 142.50 Delta: 18-34-37 Chord: 141.88 Course In: N 18-00-30 w RP North: 185040.08145 End North: 184600.60309 Line Course: N 89-25-53 W North: 184600.85764 Line Course: S 44-37-21 W North: 184573.49796 Line Course: S 00-56-42 W North: 183873.17323 Line Course: S 44-14-34 E North: 183845.18388 Line Course: S 89-25-53 E North: 183838.22598 Line Course: N 45-31-49 E North: 183858. 03003 Line Course: N 00-29-31 E North: 184082.51175 Curve Length: 274.46 Delta: 18-30-01 Chord: 2 7 3 . 2 7 Course In: N 89-30-29 W RP North: 184089.80981 End North: 184352.59182 Line Course: N 18-00-30 W North: 184714.49927 East : 1302676.59174 Length: 44. 82 East : 1302636.66492 Length: 364.68 East : 1302289.85003 Radius: 439.50 Tangent: Course: Course Out: East East Length: 25.65 East Length: 38.44 East Length: 700.42 East Length: 39.07 East Length: 701.12 East Length: 2 8 . 2 7 East Length: 224.49 71.88 S 81-16-48 W S 00-34-07 W 1302153.97627 1302149.61468 1302123.96594 1302096.96443 1302085.41268 1302112.67182 1302813.75730 1302833.93135 East : 1302835.85881 Radius: 850.00 Tangent: 138.43 Course: N 08-45-29 W Course Out: N 71-59-30 E East : 1301985.89014 East : 1302794.24997 Length: 380. 55 East 1302676.60092 Perimeter: 2964.47 Area: 575,055 sq. ft. 13.201 acres Mapcheck Closure -(Uses Error Closure: 0.01242 Error North: 0.008372 Precision 1: 238,685.19 listed courses, radii, and deltas) Course: N 47-36-36 E East : 0.009172 page 1 Project: 32536 Fri August 18 13:31:11 2006 Parcel Map Check Parcel name: LOT SP3-l Nort:h: 184633.82864 East : 1302325.89922 Line Course: s 71-59-30 w Length: 37.91 North: 184622.10856 East : 1302289.84637 Curve Length: 142.50 Radius: 439.50 Delta: 18-34-37 Tangent: 71.88 Chord: 141.88 Course: s 81-16-48 w Course In: N 18-00-30 w Course Out: s 00-34-07 w RP North: 185040.07815 East 1302153.97261 End North: 184600.59979 East 1302149.61102 Line Course: N 89-25-53 w Length: 25.65 North: 184600.85434 East 1302123.96228 Line Course: s 44-37-21 w Length: 38.44 North: 184573.49466 East 1302096.96077 Line Course: s 00-56-42 w Length: 700.42 North: 183873.16992 East 1302085.40902 Line Course: s 44-14-34 E Length: 39.07 North: 183845.18057 East 1302112.66816 Line Course: s 89-25-53 E Length: 250.70 North: 183842.69263 East 1302363.35582 Line Course: N 00-00-00 E Length: 53.70 North: 183896.39263 East 1302363.35582 Line Course: s 90-00-00 E Length: 46.59 North: 183896.39263 East 1302409.94582 Line Course: N 00-00-00 E Length: 93.33 North: 183989.72263 East 1302409.94582 Line Course: s 90-00-00 E Length: 8.00 North: 183989.72263 East 1302417.94582 Line Course: N 00-00-00 E Length: 187.33 North: 184177.05263 East 1302417.94582 Line Course: N 18-00-00 w Length: 55.28 North: 184229.62703 East 1302400.86336 Line Course: s 72-00-00 w Length: 50.39 North: 184214.05567 East 1302352.93962 Line Course: N 18-00-00 w Length: 275.06 North: 184475.65327 East : 1302267.94140 Line Course: N 72-00-00 E Length: 104.00 North: 184507.79104 East : 1302366.85128 Line Course: N 18-00-00 w Length: 132.53 North: 184633.83456 East 1302325.89726 Perimeter: 2240.90 Area: 207,700 sq. ft. 4.768 acres Mapcheck Closure -(Uses Error Closure: 0.00623 Error North: 0.005919 Precision 1: 359,695.02 listed courses, radii, and deltas) Course: N 18-16-53 W East : -0.001955 I page 1 Project: 32536 Fri August 18 13:31:09 2006 Parcel Map Check Parcel name: LOT SP3-2 North: 184714.49090 East : 1302676.59174 Line Course: N 62-58-38 w Length: 44.82 North: 184734.85463 East : 1302636.66492 Line Course: s 71-59-30 w Length: 326.78 North: 184633.82886 East : 1302325.89337 Line Course: s 18-00-00 E Length: 132.53 North: 184507.78534 East : 1302366.84739 Line Course: s 72-00-00 w Length: 104.00 North: 184475.64757 East : 1302267.93751 Line Course: s 18-00-00 E Length: 275.06 North: 184214.04996 East 1302352.93572 Line Course: N 72-00-00 E Length: 50.39 North: 184229.62133 East 1302400.85946 Line Course: s 18-00-00 E Length: 55.28 North: 184177. 04693 East 1302417.94192 Line Course: s 00-00-00 w Length: 187.33 North: 183989.71693 East 1302417. 94192 Line Course: N 90-00-00 w Length: 8.00 North: 183989.71693 East 1302409.94192 Line Course: s 00-00-00 w Length: 93.33 North: 183896.38693 East 1302409.94192 Line Course: N 90-00-00 w Length: 46.59 North: 183896.38693 East 1302363.35192 Line Course: s 00-00-00 w Length: 53.70 North: 183842.68693 East 1302363.35192 Line Course: s 89-25-53 E Length: 450.42 North: 183838.21697 East 1302813. 74974 Line Course: N 45-31-49 E Length: 28.27 North: 183858.02102 East 1302833.92380 Line Course: N 00-29-31 E Length: 224.49 North: 184082.50274 East : 1302835.85126 Curve Length: 274.46 Radius: 850.00 Delta: 18-30-01 Tangent: 138.43 Chord: 273.27 Course: N 08-45-30 w Course In: N 89-30-29 w Course Out: N 71-59-30 E RP North: 184089.80079 East : 1301985.88259 End North: 184352.58281 East : 1302794.24242 Line Course: N 18-00-30 w Length: 380.55 North: 184714.49026 East 1302676.59336 Perimeter: 2735.98 Area: 367,354 sq. ft. 8.433 acres listed courses, radii, and deltas) Course: S 68-27-32 E East : 0.001617 Mapcheck Closure -(Uses Error Closure: 0.00174 Error North: -0.000638 Precision 1: 1,572,413.79 Form No. 14 Subdivision Guarantee Guarantee No.: NCS-229509·WA1 GUARA.NTEE Issued by First American Title Insurance Company 2101 Fourth Avenue, Suite 800, Seattle, WA 98121 Title Officer: Mike Cooper Phone: (206)728-0400 FAX· (206)448-6348 First American 77tle Insurance Company FotTn No. 14 Subdivision Guarantee (4-10-75) Guarantee No.: NCS-229509-WAl Page No.: 1 LIABILITY FEE '( ,',.),H;k.f ,~? c-.,, ~~.le$; ...,,._ First American Title Insurance Company $ $ National Commercial Services 2101 Fourth Avenue, Suite 800, Seattle, WA 98121 {206)728-0400 -FAX (206)448-6348 FOURTH REPORT SUBDIVISION GUARANTEE ORDER NO.: NCS-229509-WAl 3,000.00 500.00 TAX$ 44.00 YOUR REF.: Lot 3A, Lakeshore Landing First American Title Insurance Company a Corporation, herein called the Company Subject to the Liability Exclusions and Limitations set forth below and in Schedule A. GUARANTEES W & H Pacific herein called the Assured, against loss not exceeding the liability amount stated above which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. LIABILITY EXCLUSIONS AND LIMITATIONS 1. No guarantee is given nor liability assumed with respect to the validity, legal effect or priority of any matter shown therein. 2. The Company's liability hereunder shall be limited to the amount of actual loss sustained by the Assured because of reliance upon the assurance herein set forth, but in no event shall the Company's liability exceed the liability amount set forth above. 3. This Guarantee is restricted to the use of the Assured for the purpose of providing title evidence as may be required when subdividing land pursuant to the provisions of Chapter 58.17, R.C.W., and the local regulations and ordinances adopted pursuant to said statute. It is not to be used as a basis for closing any transaction affecting title to said property. Dated: August 25, 2006 at 7:30 A.M. First American Title Insurance Company Form No. 14 Subdivision Guarantee ( 4-10-75) SCHEDULE A Toe assurances referred to on the face page are: A. 1itle is vested in: Guarantee No.: NCS-229509~WA1 Page No.: 2 Transwestern Harvest Lakeshore, L.L.C., a Delaware limited liability company B. That according to the Company's title plant records relative to the following described real property (including those records maintained and indexed by name), there are no other documents affecting title to said real property or any portion thereof, other than those shown below under Record Matters. Toe following matters are excluded from the coverage of this Guarantee: 1. Unpatented Mining Claims, reservations or exceptions in patents or in acts authorizing the issuance thereof. 2. Water rights, claims or title to water. 3. Tax Deeds to the State of Washington. 4. Documents pertaining to mineral estates. DESCRIPTION: LOT 3A OF BOEING LAKESHORE LANDING LOT LINE ADJUSTMENT NO. LUA-06-004, RECORDED MAY 10, 2006 UNDER RECORDING NO. 20060510900003; TOGETHER WITH TIRACT N OF BOEING LAKESHORE LANDING, A BINDING SITE PLAN, RECORDED UNDER RECORDING NO. 20041223000856. SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. First American Title Insurance Company Form No. 14 Subdivision Guarantee ( 4-10-75) RECORD MATTERS: 1. General Taxes for the year 2006. Tax Account No.: Amount Billed: Amount Paid: Amount Due: Assessed Land Value: Assessed Improvement Value: $ $ $ $ $ 088660-0030-00 98,876.15 49,430.08 49,446.07 8,276,600.00 0.00 Guarantee No.: NCS-229509-WAt Page No.: 3 2. The terms and provisions contained in the document entitled "Development Agreement" recorded August 2, 2002 as Recording No. 20020802000224 of Official Records. By and between The Boeing Company, a Delaware corporation and City of Renton, a municipal corporation. 3. The terms and provisions contained in the document entitled "Development Agreement for Renton plant redevelopment" recorded December 10, 2003 as Recording No. 20031210001637 of Official Records. By and between The Boeing Company, a Delaware corporation and the City of Renton, a municipal corporation. 4. Covenants, conditions, restrictions and/or easements: Recorded: November 19, 2004 Recording No.: 20041119001959 (The Covenants, Conditions and Restrictions referred to above, will continue in force until a building permit is issued, at which time said permit shall supersede the above Covenants, Conditions and Restrictions.) 5. Easement, including terms and provisions contained therein: Recording Information: 20041228001869 In Favor of: The Boeing Company, a Delaware corporation For: Water line Affects: a Southwesterly portion of the property 6. Covenants, conditions, restrictions and/or easements: Recorded: December 28, 2004 Recording No.: 20041228001871 7. Deed of Trust and the terms and conditions thereof. Grantor/Trustor: Grantee/Beneficiary: Trustee: Amount: Recorded: Recording Information: Affects: Transwestern Harvest Lakeshore, L.L.C., a Delaware limited liability company Bank of America, N.A., a national banking association PRLAP, Inc., a Washington corporation $30,000,000.00 April 1, 2005 20050401000761 The land and other property. First American Tttle Insurance Company Form No. 14 Subdivision Guarantee { 4-10-75) 8. Easement, including terms and provisions contained therein: Recording Information: 20060421000735 In Favor of: Puget Sound Energy, Inc. For: Utility facilities Affects: as described therein 9. Easement, including terms and provisions contained therein: Recording Information: 8805190541 In Favor of: The City of Renton For: a waterline Guarantee No.: NCS-229509-WAl Page No.: 4 Affects: a Northeaslerly porton of the property Said easement has been partially released by recording no. 20060718000190 10. Easement, including terms and provisions contained therein: Recording Information: 9207130661 In Favor of: Puget Sound Power and Light Company For: Utility facilities Affects: a Southerly portion of the property 11. Easement, including terms and provisions contained therein: Recording Information: 20041228001864 In Favor of: The Boeing Company For: a waterline Affects: a Southwesterly portion of the property 12. This item has been intentionally deleted. First American Title Insurance Company Form Na. 14 Subdivision Guarantee (4-10-75) INFORMATIONAL NOTES Guarantee No.: NCS-,229509MWA1 Page No.: 5 A. Any sketch attached hereto is done so as a courtesy only and is not part of any title commitment or policy. It is furnished solely for the purpose of assisting in locating the premises and First American expressly disclaims any liability which may result from reliance made upon it. Rrst American Title Insurance Company Form No. 14 Subdivision Guarantee (4-10-75) Guarantee No.: NCS-229509-WA1 Page No.: 6 SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE 1. Except to the extent that speclfic assurance are provided In Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the foflowlng: (a) Defects, liens, encumbrances, adverse claims or other matters against the tltle, whether or not shown by the publlc records. {b) (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or, (2) Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, 'Whether or not the matters excluded under (1) or (2) are shown by the records of the taxing authoHty or by the public records. {c) (1) Unpatented mining claims; (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (3) water rights, claims or title to water, whether or not the matters excluded under (1), (2) or (3) are shown by the public records. 2. Notwithstanding any specific assurances which are provided in Schedule A of 'this Guarantee, the Company assumes no !\ability for loss or damage by reason of tlie following: (a) Defects, liens, encumbrances, adverse claims or other matters affecting the title to any property beyond the lines of the land expressly described in the description set forth in Schedule (A), (C) or In Part 2 of this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways to which such land abuts, or the right to maintain therein vaults, tunnels, ramps, or any structure or improvements; or any rights or easements therein, unless such property, rights or easements are expressly and specifically set forth in said description. (b) Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the public records; (1) which are created, suffered, assumed or agreed to by one or more of the Assureds; (2) which result in no Joss to the Assured; or (3) which do not result in the invalidity or potential Invalidity of any judicial or non-judicial proceeding which is within the scope and purpose of the assurances provided. (c) The identity of any party shown or referred to in Schedule A. (d) The validity, legal effect or priority of any matter shown or referred to In this Guarantee. GUARANTEE CONDITIONS AND STIPULATIONS 1. Definition of Terms. The following terms when used in the Guarantee mean: (a) tlie "Assured": the pal't),' or parties named as the Assured in this Guarantee, or on a supplemental writing executed by the Company. (b) "land": the land described or referred to in Schedule (A) (C) or In Part 2, and improvements affixed thereto which by law constitute real property. The term "land" does not include any property beyond the lines of the area described or referred to in Schedule (A) (C) or in Part 2, nor any Hght, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways. (c) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. (d) "public records~ : records established under state statutes at Date of Guarantee for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. (e) "date": the effective date. 2. Notice of Claim to be Gfven by Assured Claimant. An Assured shall notify the Company promptly in writing in case knowledge shall come to an Assured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as stated herein, and which might cause loss or damage for which the Company may be liable by Virtue of this Guarantee. If prompt notice shall not be given to the Company, then all liability of the Company shall terminate with regard to the matter or matters for which prompt notice Is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any Assured under this Guarantee unless the Company sha/1 be prejudiced by the failure and then only to tlie extent of the prejudice. 3. No Duty to Defend or Prosecute. The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party, notwithstanding the nature of any allegation in such action or proceeding. 4, Company's Option to Defend or Prosecute Actions; Duty of Assured Claimant to Cooperate. Even though the Company has no duty to defend or prosecute as set forth in Paragraph 3 above: (a) The Company shall have the right, at its sole option and cost, to institute and prosecute any action or proceeding, lnterpose a defense, as limited in (b), or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured, or to prevent or reduce loss or damage to the Assured. Toe Company may take any appropriate action under the terms of this Guarantee, whether or not it shall be liable hereunder, and shall not tliereby concede liability or waive any provision of this Guarantee. If the Company shall exercise it.s rights under this paragraph, it shall do so diligently. (b) If the Company elects to exercise its options as stated in Paragraph 4(a) the Company shall have the right to select counsel of its choice (subject to the right of such Assured to object for reasonable cause) to represent the Assured and shall not be liable for and will not pay the fees of any other counsel, nor will the Company pay any fees, costs or expenses incurred by an Assured in the defense of those causes of action which allege matters not covered by this Guarantee. (c) vVllenever the Company shall have brought an action or Interposed a defense as permitted by the provisions of this Guarantee, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the rlght, in its sole discretion, to appeal from an adverse judgment or order. (d) In all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, an Assured shall secure to tlie Company the right to so prosecute or provide for the defense of any action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such Assured for this purpose. 'Nhenever requested by the Company, an Assured, at the Company's expense, shall give the Company all reasonable aid in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending tlie action or lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights or the Assured. If the Company is prejudiced by the failure of the Assured to furnish the required cooperation, the Company's obligations to the Assured under the Guarantee shall terminate. 5. Proof of Loss or Damage. In addition to and after the notices required under Section 2 of these Conditions and Stipulations have been provided to the Company, a proof of loss or damage signed and sworn to by the Assured shall be furnished to the Company within ninety (90) days after the Assured shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the matters covered by this Guarantee which constitute the basis of loss or damage and shall state, to tlie extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by tile failure of the Assured to provide the required proof of loss or damage, the Company's obligation to such Assured under the Guarantee shall terminate. In addition, the Assured may reasonably be required to submit to examination under oath by any authoHzed representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Guarantee, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Assured shall grant its permission, in writlng, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda In the custody or control of a third party, which reasonably pertain to the Loss or Damage. All information designated as confidential by the Assured provided to the Company, pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, lt is necessary in the administration of the claim. Failure of the As.sured to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in the above paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that claim. Form No. 1282 (Rev. 12/15/95) First American Tltle Insurance Company 6. Options to Pay or Otherwise SettSe Claims: TermlnatJon of Llablllty. In case of a claim under this Guarantee, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Liability or to Purchase the Indebtedness. Toe Company shall have the option to pay or settle or compromise for or in the name of the Assured any daim which could result in loss to the Assured wfthin the coverage of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee Is issued for the benefit of a holder of a mortgage or a lienholder, the Company sha!I have the option to purchase the Indebtedness secured by said mortgage or said lien for the amount owing thereon, together with any costs, reasonable attorneys' fees and expenses Incurred by the Assured claimant which were authorized by the Company up to the time of purchase. Such purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company hereunder. In the event after notice of claim has been given to the Company by the Assured the Company offers to purchase said indebtedness, the owner of such indebtedness shall transfer and assign said indebtedness, together with any collateral security, to the Company upon payment of the purchase price. Upon the exercise by the Company of tt,e option provided for in Paragraph (a) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4, and the Guarantee shall be surrendered to the Company for cancellation. (b) To Pay or Otherwise Settle With Parties other Than the Assured or With the Assured Claimant. To pay or otherwise settle with other parties for or in the name of an Assured claimant any clalm Assured against under this Guarantee, together with any costs, attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of the option provided for in Paragraph (b) the Company's obligatlon to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4. 7, Determination and Extent of Liability. This Guarantee is a contract of Indemnity against actual monetary loss or damage sustained or incurred by the Assured claimant who has suffered loss or damage by reason of reliance upon the assurances set forth in this Guarantee and only to the extent herein described, and subject to tt,e Exclusions From Coverage of This Guarantee. The Liability of the Company under this Guarantee to the Assured shall not exceed the least of: (a) the amount of liability stated in Schedule A or in Part 2; (b) the amount of the unpaid princlpal Indebtedness secured by the mortgage of an Assured mortgagee, as llmited or provided under Section 6 of these Conditions and Stipulations or as reduced under Section 9 of these Conditions and Stipulations, at the time the loss or damage Assured against by this Guarantee occurs, together with interest thereon; or (c) the difference between the value of the estate or interest covered hereby as stated herein and the value of the estate or interest subject to any defect, lien or encumbrance Assured against by this Guarantee. 8. Limitation of Liability, (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures any other matter Assured against by this Guarantee in a reasonably diligent manner by any method, including lit\gation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title, as stated herein. (c) The Company shall not be liable for loss or damage to any Assured for liability voluntarily assumed by the Assured In settling any daim or suit without the prior written consent of the Company. 9. Reduction of Llablllty or Termination of Llablltty. All payments under this Guarantee, except payments made for costs, attorneys' fees and expenses pursuant to Paragraph 4 shall reduce the amount of liability pro tanto. 10. Payment of Loss. (a) No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within thirty (30) days thereafter. 11. Subrogation Upon Payment or Settlement. Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any act of the Assured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to the claim had this Guarantee not been issued. If requested by the Company, the Assured shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The Assured shall permit the Company to sue, compromise or settle in the name of the Assured and to use the name of the Assured in any transaction or litigation involving these rights or remedies. lf a payment on account of a claim does not fully cover the loss of the Assured the Company shall be subrogated to all rights and remedies of the Assured after the Assured shall have recovered its principal, interest, and costs of collection. 12. Arbitration. Unless prohibited by applicable law, either the Company or the Assured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbltrable matters may include, but are not limited to, any controversy or clalm between the Company and the Assured arising out of or relating to this Guarantee, any service of the Company in connection with its issuance or the breach of a Guarantee provision or other obligation. All arbitrable matters when the Amount of Liability is $1,000,000 or less shall be arbitrated at the option of either the Company or the Assured. All arbitrable matters when the amount of liability 1s in excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and the Assured. The Rules in effect at Date of Guarantee shall be binding upon the parties. Toe award may include attorneys' fees only if the laws of the state in which the land is located permits a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request 13. Liability Limited to This Guarantee; Guarantee Entire Contract. (a) This Guarantee together with a!I endorsements, if any, attached hereto by the Company is the entire Guarantee and contract between the Assured and the Company. In interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim, shall be restricted to this Guarantee. (c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 14. Notices, Where Sent. All notices required to be given the Company and any statement ln writing required to be furnished the Company shall include the number of this Guarantee and shall be addressed to the Company at 2 First American Way. Bldg. 2, Santa Ana, CA. 92707. Form No. 1282 (Rev. 12/15/95) First American Tltle Insurance Company {-..... ,_ . ' ~-· ,;; :., ,., "' #919 u;IL1Tlt$ 11 f.1~f.!!..U!.l TH 15 1 NSTRUHENT, made th Is _day of ____ .cA,ao~r_.i.!_1 ________ 19_§,]_: by .and bt!I tween The Boeing company, :fRR a Delaware corporation, _;•:.c:.t::.•::.' n::9;,_,.:t::.h:;re,:o:.;u::ge;h::_=i..:t::s....;d:.;i:.v:.;>:.' s:.:.i;;:o;.;n.,_, ___ _,,.~,1,_'-Be,02)1ec,;i."-n"a'-'C:,o,emme""'!Sl-r,ac_.i.,,a_.l'-"A"i"r'-'~'-l"a::.n.ae=s'--------------------------------------... ~----------------------------------. - -----------------------------------lfRli -----------------------------------, - hereinafter cal led "CrantorC,)11 , ind the CITY OF RENTON, 1 Hunlclpal Corporation of King County, \4'ashlngtc,n, Mrelnaftar c1ll,d 11 Cri1ntec11 • 1/ITHESSETH: Th,lt sald Cr,.r1tor(s), for ~Ad....1-A-c.on.J..J.d•~,oA...o.f--tht.~-$-------------- --------------------------,e-1-d-+'{-G-,·M·h•r-~d--o-t-k,ef' va I u•b I e cons I der1t Ion, do by these pres.cnts, 9rant, bargain, Hlf, convtt, and w1rr.:,nt unto the uld Crar.tee 1 Its su~c:cssors. .and usigns, an casement for public vtllltles {lncludln9 ..,~tcr nr.d uwer) with necessary •ppurtcnanc:e, oYcr, through, •crou ,nd upon the fol lowlni.i de-:;crlb!.'ld prop•rty In King County, W'uhlngton, r,0re partleuhrl)" described u follo.o: As described in Exhibit A, which is attached. This e~sernent is granted for the purpose of~ waterline. The easement shall terminate when Gr~ntor's or its assign's use of the water- line ends, with Grantor or its assigns providing writ~en notice of the termination to Grantee or its assigns and Grantee or its assigns executing a reconveyance of the easement to Grantor or its assigns upon request by Granter or its assig_ns. Upon such termination, Grantor or its assigns shall either cap the wate~line and leav~ it in place or remove the waterline. ~. 88,..05-·'l':'. ~ccr· i"7 tRSHSL 7.00 it0541 ~-~.,h1·7. 00 11 r-:r.rn liF ; . ; f·.:.i:i~·:! 1,:::~: .:r·~ WJ S:i!l ft!.. ~~­ !Eo,OH, ijJ aim ~·, ·~· VEfi • I .... "" l/J 0 (7) .... l/J 0 c.o c.o JOB NO. 7115 WATERLINE EAS~rHT AN EASEMENT FOR INGRESS, EGRESS, AND WATERLINE UTI Li TI ES , OVER , UNDER, ACROSS OR UPOII ANO LYING I & 1/2 FEET ON EACH SIDE OF THE roLLOW!NG DESCRIBED CENTERLINE, AS LOCATED IN THE SOUTHEAST QUARTER OF THE NORTH- WEST QUARTER OF SECTION B, TOWtlSHIP 23 NORTH, RANGE 5 EAST, W.H., IN KING ,QUNTY, WASHINGTON DESCRIBED AS FD.LOWS: COMMEHCING AT THE INTERSECTION OF THE NORTH MARGIN OF NORTH BTH STREET ANO THE WEST MARGIN OF GARDEN AVENUE NORTH; THENCE NORTfl 00' 31' 42" EAST ALONG SAID WEST MARGIN OF GARDEN AVENUE NORTH, 253.22 FEET TO A POINT OF CURVATURE TO THE LEFT; THENCE NORTHERLY ALONG SAID WESTERLY MARGIN AND ALONG SAID CURVE TO TIIE LEFT HAVING A RADIUS OF 850.00 FErT THROUGH A CENTRAL ANGLE OF 13' 29' OD", AN ARC LENGTH OF 200. 03 FEET TO THE P 01 NT OF BEGI/lNIGN FOR SAID CENTER- LINE DESCRIPTION, THENCE NORTH 89' DD' 00" WEST, 215 .SO FEET; THENCF. NORTH 01° 00' 00" EAST, 360.00 FEET; THENCE NORTH 89° 00' 00" EAST, 10.00 FEET TO POINT "A" At/0 TIIE: TERMINUS OF SAID CENTERL!IIE DESCRIPTION. TOGETHER WITH THE FOLLOWING AOOIT! DNAL EASEHEIIT DESCRIBED AS FOLLOWS: BEGINIUNG AT PO!IIT "A" PREVIOUSLY DESCRIBED; THENCE PROCEEDING SOUTH 01' 00' 00" EAST, ll.00 FECT; THENCE SOUTH 71' DO' 00" EAST, 23.00 FEET; THENCE NORTH 78' 00' 00" EAST, 10.00 FEET MOOE OR LESS TO THE WESTERLY RIGHT•Of-WAY OF GARDEN AVENUE NORTH. THENCE PROCEEDING ALONG SAID WESTERLY RIGHT-OF-WAY NORTH 11' 59' 39" WEST, 32.00 FEET; TIIENCE NORTH B9' 00' 00" EAST, 22.00 FEET MORE OR LESS TD A POINT WHICH BEARS NORTH 01' 00' 00" WEST, ANO 7 .DO FEET FROM SAID POINT "A"; THENCE SOUTH 01' 00' 00" EAST, 7 .00 FEET TO POINT "A", ALL IN KING CClJNTY, WASHINGTON. KJV /bss -------I I 2~ [ >' ><..l<-1-~- I I r -tlf- - EXHIBIT A -- :.._~-----·· ___________ ..._.... __ . ___ _ -----·-----·- .., Said heretofore mentioned grantee, fts successors or assigns, shall have the right, without prior notice or proceeding at law, at such tiines n may be necessary to enter upon safd above descrfbed property fo.r the purpose of construct- ing cnaintaining, repafrtng, altering or reconstructing said ut1Ht1es, or ma.ting an,' connections therclJl'ith, without inc:urr1ng any legal obltgat~oni or lhbility · therefore: provided, thit such construction, mafntatnfng. repa,rtng, 11ter1ng or reconi.truction of said utfl1tfes shall be accomplished in such a rMnner that the private Jmprovemonts ex1sttng In the r1ght(s)-of-way sh,11 not be disturbed or damaged, they will be replaced 1n as good a condition as they were i1M1ed1'tely before the property was entered upon by tile Grantee. The Granter shall fully use and enjoy th!,, aforedescr1bed premises, including the right to retain the right to use the surface of said right-of-way if such use does not interfere wfth installation and maintenance of the util itfes. However. the grantor shall not erect buildings or structures over, under or across the r1ght-of-w,y during the ext,tence of ,uch utf11t1es. This easement, shall be a covenant running with the land and shall be binding on the Gr.antor 1 his successors, heirs and assigns, Grantors covenant that they ar~ the lawful ownr.-rs of the above properties and that they have a good and lawful right to execute this agreement. -----------------=~'EJ!i~. BOEING COMPANY acting throuyh its division BOEING COMMERCIAL AI!U'LANES By: CORPORATE fORH: STATE OF Washi::.ng,,_t,::o::,n;_ __ ) COUHTY OF King I ---"---"-- ss r,..,,,v-..-1 ........ On this -z. 1--1D day of -~ • 19 ~ before me, the undersigned, a Notary Publ1c in and for the-nate of wasb~g:tan, duly corrmfssionld and sworn persona 1 ly appeared J. J, Nelson .4n to me. k~O"'!'n to be the Director of Facilities of Boeing Cor.'lmercial Airolanes, ~ d1v1s1on of The Boeing Company, the corporation thut executed the for!!- going instrument I and acknowledged the said lnstn,ment to be tl,e free and ,..oluntary act and de~d of sa.id corporation, for the uses and purpos:e5 therein mentioned, and on oath stated that he-"-.,....:liluthorfzed to execute the said fo::trument and that the seal afflxed Is the corporate seal of said corporation. WITNESS my hand and official seal her•to affixed the day ,nd year In this certiffcate above wrltten. #.;i.c;_ J'S' UE/2·2 b J ; ' '° '° D (") b N Cl' V /,T R:~c-1U[:~iT OF: .. T. J. n:0:. FUSS i :·:JE:1 £!..~G. D!:L~:..:\riJE, W~,$! :i:,.:'GTON 08009 EASEMENT For and in consideration of One Dollar ($1.00) and other valuabl~ consideration, the t"eceipt of which is hereby acknowledged, THE BOE.ING COMPANY, a Delaware corpor.;ltion, ("Gr.:intor" herein}, het"eby grants and conveys and warrants to PUGET SOUND POWER & LIGHT COMPANY, a Washington corporation ("Puget" herein), for the purposes hereinafter set forth a nonexclusive peLpetual easement, over, across and under the following described real property {the "Property"): See Exhibits C-1 through C-9 Inclusive I. Purpose. P~get shall have the right to construct, operate, maintain, repair, replace and enlarge an electrii:: tr-ansmission/distribution substations and one or more ~lectric transmission and/or distribution lines, over, under, and upon Property together with all necessary or convenient apurtenances thereto, which may include but are not limited to the following: Transformers, power circuit breakers, and other electrical equipment. Concrete foundation pads. Overhead transmission and/or distribution lines including poles and/or towers with switches, crossarms, braces, guys and anchors. Underground transmission or distribution lines including conduits, cables, vaults, switches, and manholes. Overhead and/or underground communication and signal lines. Access roads. security fencing, retaining walls and rockeries. L3n~scaping and irrigatio1: syste~s: 1% EXCISE TAX NOT RE Drainage and water retention facilities. K. :6 QUIRED control house. J! mg o. ecords Division E"iber optics. By :i.,Ja1af= , Deputy 2. Clearing, Grading and Maintenance, Puget shall h~the right to cut and remove or otherwise dispose of any and all brush and trees presently existing upon the Property. Puget shall ,a1lso have the right to control, on a continuing basis and by any prudent and reasonable means, the establishment and growth of tr-ees, brush and other vegetation upon the Property which could, in the opinion of Puget, interfere with the exercise of Puget's rights herein or create a hazard to Puget's facilities. Puget shall also have the right to excavate the property and mo<lify the contour of the land to the limited extent necessary to construct an electrical substation. 3, Com pl i a nee •11 i th Laws and Rules. Puget shall at al 1 times exercise its rights her~in in accordance with the requirements (as from time to time amended) and all applicable statutes, orders, rules and regulations of any public authority having jurisdi~tion. 4. Exclusive Occupation. Puget shall have the exclusive right of occupation of the "High Side" portion of the fenced substation and no other party, including Granter, shall have the eight to enter upon or occupy that portion of the substation without prior wr-itten notice to and permission from Puget. Grantor shall not gr-ant or convey rights of any kind to any third party for use of the "High Side" without prior-Wt'itten approval and consent from Puget. Grantor shall have the exclusive right of occupation of the "Low Side" por-tion of the fenced substation and no other party, including Pug~t, shall have the t"ight to enter upon or occupy that portion of the substation without prior wcitten notice to and permission from Granter. However, that in the event of an emergency requiring immediate action by Puget and/or Gr-antor for the protection of its facilities or othe~ persons or property, Puget and/or Granter may take such action upon such notice to Puget and/or Granter as is -1- /\~).$] ') oo 'ic15 tlc.0,1_ j<:.J 9 DC 3552 \ .:\ i .. .. = , ' , ' .. reasonable under the circumstances. 5, Puget's Use and Activities. Puget shall exercise its rights under this Agreement so as to minimize, 3nd avoid if reasonably possible, interference with Grantor 1 s use of the Property as set forth in Paragraph 6, herein. 6. Grantor's Use of the Property and Access by Gran tor During Constt.'uction. Granter reserves the right to use that portion of the Property outside of the fenced Substation (the Munfenced Area"} for any put"pose not inconsistent with the rights herein granted, including, but not limited to, parking and roadway. Provided, however, that Granter shall not construct or maintain any building or other structure within the Unfenced Area and that no blasting shall be done within fifteen (15) feet of the Fenced Area. At no time shall Puget's access to and along the Unfenced Area be blocked off or unduly restricted. Puget shall make provisions satisfactory to Grantor for continued access by Grantor along, over and across the Propecty during periods in which Puget is conducting construction or other activities. In the event of an emergency requiring immediate action by Puget and/or Granter for the protection of its facilities or other persons or property, Puget and/or Granter may take such action upon such notice to Puget and/or Gr:-.J.ntor: as is reasonable under the circumstances. 7. Indemnity. By accepting the recording of this easement, Puget agrees to indomnify and hold harmless Grantor fr:-om any and all claims for damages, expenses, actions and claims, including costs and reasonable attorneys• fees incurred by Granter in defense thereof, asserted or arising directly or indirectly on account of or out of•acts or omissions of Puget and Puget's servants, agents 1 employees and contractors in the exercise of the rights granted herein: PROVIDED, HOWEVER, that Pu et shall not. be responsible to Granter for an damages u ng 1nJur1es to any person caused Y.t,,,3cts or om ssions of Granter. J ·,~---------------------,l!!,'<3\1?, • .;\ '-----' B. Abandonment. The rights herein granted shall continue until such time as Puget ceases to use said pr:operty for a period of five (5) successive years, in which ever1t this easement shall terminate and all right~ hereunder shall revert to Granter, provided, that no abandonment shall be deemed to have occurred by reason of Puget's failure to initially install its facilities on the Property within any pe~iod of time from the data hereof. 9. Notices. Not.ices required to be in writing under this Agreement shall be given as follows: To Grantor: Boeing Commercial Airplane Group divi9ion of To Puget: THe BO~ING COMPANY, Attention: Facilities Dh:ector Phone: 237-8381 Puget Sound Power & Light Company Renton Service Center Phone, 255-2464 Notices shall be deemed effective, if mailed, upon the second day following deposit thereof in the United st.ates Mails, postage or upon delivery thereof if othecwise given. Either party may change the address to which notices may be given by giving notice as above provided, 10. Access. Puget shall have the right of reasonable access to the Property over and across adjacent lands owned by Granter to enable Puget to exercise its rights hereunderf provided that Puget shall compensate Gr:antor: for any damage to the Property caused by the exercise of said right of access. 11. Successors anO A.ssifins. The rights and obligations of the parties shall inure to t e benefit of and be binding upon their respective successors and assigns. -2- 9 DC 3552 ,> • I = DATED --- PUGET: day of • 19_ GRANTOR: ~uget Sound Power & Light Company, a Washington corporation BY: ITS: Director Real Estate STATE OF WASHINGTON) ) ss. COUNTY OF KING ) On this '2-7-,,, day of 1'1~ , 197~before me the undersigned personally appeared ~ j.h,.-~ to me known to be the &-,,,,,,.,,,;t;_ !/,/~ ?-h,.,,b;z';.;a , resp ively, of B881116 C9!i/1SREIA~ 4JiooP, 7a::f}1,;4o4efl of THE BDE:ING COMPANY, the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he authorized to ex'51cute the said instrument. the day and n and fort~~ residing at ~~ expires STATE OF WASHINGTON) ) ss. COUNTY OF KING ) On this day of , 19 __ , before me the undersigned personally appeared to me known to be the Director Real Estate of PUGET SOUND POWER & LIGHT COMPANY, the corporation that executed the foregoing instrument, and acknowledged the said instrumont to be the free and voluntary act and deed of said corporation, for the uses and purposes therein ~entioned, and on oath stated that is authorized to execute the said instrument. WITNESS my hand and official seal hereto affixed the day and year first above writt~n. Notary Public in and for the State of Washington residing at My commission expires------- -3- ~ DC 3552 .• ' • = .. ~ RE.CE.WED I t,\P..'i o :i 1991 ESMinc. ee.c ENGINE.ERS ' A CIVIL ENGINEERING, LAND SURVEY. ANO PROfECT MANA.CEMENT CONSUtTING FIRM Boeing/Renton Easements \1ob i.o. 424-10-910 May 2, 1991 LEGAL DESCRIP1ION FOR THE PUGET POWER PORTION OF SUBSTJ\.TION NO. l D. II-I ff I T That portion of the Northwest quarter of Section B, Township 23 North, Range: 5 East .. W.M., City of Renton, King County, wash.ington, more particularly described as follows: COMMENCI~G at an existing monument on Park Avenue North shown as p,c. A o+oo on the 'A' Line on -Sheet 2 of 5 of the Washington State Department of Highway Plans for 11 PSH l (SR 405) North Renton Interchangeu as approved April 27, 1965: THENCE N 22·22 1 08 11 E, 418.34 feet to an existing monument shown as P.T. A 4+28,33 on said plans; THENCE S 70 • 58' 29 11 W, 1.98. 52 feet to the 'l'RUE POINT OF BEGINNrNG, THENCE N 10"52'5111 E, 38.84 feet; THENCE N 39 • 24 '56 11 W, 6t:L 28 feet; THENCE S 87"01'57 11 W, 13.~7 feet; THENCE s 50'44'54 11 w, 40.52 feet; THENCE S 39"19'30" E, 32.50 feet; THENCE S 32"09'47 11 W, 19~91 feet; THENCE S 39"19'3011 E, 10.50 feet; THENCE N 50"28'30" E, 40.51 feet to the TRUE POINT OF BEGINNrNG. Containing 0.113 acres (4,943 square feet}, See attached Exhibit "A". YJritten 1:>y: C.A.G. Checked by: R.S.M. 18: 129 941 Powell A\·enue S.W. Suite 100 Renton, W.uhirri;1on, 96055 C.· l • .. • I I I ,, -----· L ... EXHIBIT "A• TO ACCOMPANY LEGAL DESCRIPTION FOR TW.T PORTION OF SUBSTATION HO. 1 TO BE COHVE\'ED TO PUGET POWER A PORTION OF lHE rf'N 1/4 OF SECTION 8, TWP. 23 N., RGE.. 5 E., W.M., CnY OF RENiON. KING: cournY, WASHINGTOn EXtsTING 7' HIGH CHAIN UNK FENCE WITH OVERHEAD BARB WIRE AS LOCATED ON 04-26-91 HORIZONTAL DATIJM: OWNERSHIP M.4PS BY HOR'iON DENNIS ANO ASSOCIATES. ltiC. FOR lHE BOEING RENTON Pl.ANT FACrUTIES, B08NG JOB NO. 356293, DRAWING NO. :i-0071 DATED MAY 12, 1980 (HDA, INC, JOB NO. HJ90) EXISTlNG t.!OMUMENT, SHOWN ;.s P.C. A o+oc ON THE • A• LINE ON SHEET 2 OF 5 OF W.S.D.H. Pl...AN'S FOR •psi! 1 (SR 405} NORTH RENTON IHTERC~GE" ,.S APPROVED APRIL 27, 1965 JOB NO. 424-01-910 DATE ; 05-02-91 DRAWN : CAG. CHECKED : RSI.I DRAWING liWE : C<H-A-0 SHEET 1 OF 1 F.XISTING MONUMOO, SHG',',,'N ;.s P.T. A ,4.+28.33 ON THE • A• LINE: ON SHEET 2 OF 5 OF W.S.O.H, PLANS FOR •pSH 1 (SR -40.S) NORTH RENTON lmERCHANG~ J,S APPRCM'.O APRIL 27, 1065 / I / II TRUE POIITT OF BEGINNING / /. 4" I 1~· ,,. It:~ I /"' I 11} I I I I L~ D ' I I I SCALE: T" • 60' ESI! inc. ·--------- a41 l"(ml1.L AV!:fflJf; :i...w~ ~m: 100 "°1T'Cfi'. ~ IIISCI" l"MOttCI [lDO} 2.11!-11425 • .• .. . . = ~ _, " ' -" . , ., :, '° EXHIBIT C?, PAGE l ESMinc. A. CIVll ENGINEERING, lAND SURVEY, AND PROJECT M>.NAGEMENT CONSULTING FIRM Boeing/Renton Easements Job No. 424-10-910 Revised May 24, 1991 LEGAL DESCRIPTION FOR THElPUGET POWER PORTION OF SOBSThTION NO. 2 f.'/..H-IB/T C.-Z That oortion of the Southeast quarter of section 7, Township 23 Noi-th, Range 5 East,·14,M., city of Renton, King county, Washington, more partio\!darly described as follows: COMMENCING at an existini] monument on Park Avenue North shown as P.C. A 0+00 on .the 'A' Line on Sheet 2 of 5 of the Washington State Department of Highway Plans for 11 PSH 1 (SR 405) North Renton Int.erchange 11 as approved April 27, 1965; ..JJ THENCE N 22'22'09 11 E, 418.34 feet to an existing monument g shown as P.T. A 4+28. 33 on said plans; THENCE S 31 •30 1 2.3 11 W, 29112.,93 feet to the TRUE POINT OF BEGINNING; THENCE N 39•11 1 59 11 W, 44:..00 feet; THENCE N 00"27 1 38 11 E, 15.::..S'.l feet; THENCE s 59•32 '22 11 E, 3 .• :50 feet; THENCE N 00•27'JB 11 E, 13.!l:. 00 feet; THENCE s 89"42'52 11 E, ,ouso feet; THENCE s oo-~7'38 11 w, 151':.91 feet BEGINNING. to the TRUE containing D.143 acres {6.1 240 square feet), See attached Exhibit Written by: c.A.G • Checked by: R.S.M, 18: 140 9-tl Powdl Avenue S.W. Suile 100 Renlon, W.nhingron, 98055 POINT OF (2061 228-56211 -1 I , .. • • EXHIBIT C2, PAGE 2 EXHIBIT "G" TO ACCOMPANY l£GAI. DESCRIPTION FOR THAT PORTION OF SUBSTATION NO. 2 TO BE CONVEYED TO PUGET POWER A. PORTION OF THE SE 1/4 OF SECTION 7, twP. 23 rt, RGE. 5 E., W,1.1., CITY or RENTON, KmG COUNTY, WASHINGTON EXISTING 7' HIGH CHA.IN £XlST1NG MONUM£NT. SHOWN >S P.T. A 4+28.J.J ON THE • ,.. LINE ON SHEET 2 OF 5 OF W.S.0..H. PLANS FOR ·psH 1 (SR 405) NORTH RENTON INTERCHANGE" /JS ,I.PPROVED il.PR!L 27, 1965 II II I I I; 7 UNK FENCE WITH OVERHEAD BARB WIRE ON A 6" WIDE CONCRETE RETAIWNC WA.LL AS LOCATED ON 05-23-91 I I /; I, I I -.JJ -.JJ 0 C') -r--- 0 N Cl' tHv " " ~/r/e. ~ ~ w "' .., ;.. N b a z S a9"J2'22" E 3.50' S 89'-42.'52" [ 40.50' /,/ • ., 4 s•.I'" m " ~ b ~ &~o I,, .., "0· ;.. ,;,o N b ' ~ o~f\-a "' N 00-27'38"" .E--J<----j , s.s.::s· -"---*'-~«..:-~";;.o·.,.....,_. N as·11 ·s9· EXJsnNG MDNUl<AENT, SHOWN AS P.C • .A. 0+00 ON THE • A. UNE ON SHEET 2 Of S Of W.S.D.H. PLANS FOR ·psH 1 (SR 405) NORTH RENTON INTERCHANGE" "5 APPROVED APRIL 27, 1965 JDS NO. 424-10-910 DATE : 05-24-91 DRAWN : C.A.G. CHECKED : RSI.I ORAWlNG NAME. : EXH-G SHECT I OF 1 I I I I n I I .II "·/ :v.;; ~;.,·; ,'~'/ ~"' I I I muc: PO!NT OF 8EC1NNING SCALE: 1" • 50' I I I I I HORIZONTAL DATUM: OWNERSHIP MAPS BY HORTON DENNIS AND ASSOCIATES, INC, J:QR THE BOElNG RENTON PlANY FACIUTIES, BOElr-lG JOB NO. JS529J, DRAWING NO. S-0071 DA.TED MA'r 12, 1980 (HOA, INC. JOB NO. «.)90) ESM inc. ..., ___ ... ___ _ f.&I PCWt:U, -''<'OIi.iC s..w~ sum: 11111 ~OffOM, ., ... s .. u•GTCN ,11tr.1:1 P»Of<C: (20tf 2:111-1111111 • .. ' • I • ESMinc. EXJ-IIBIT C3, PAGE 1 {U:.CE1\fED !AJI.~ o ~ 1991 \ I BEC ENGINEERS ., - "CIVIL ENGU~E[RlNG. LAND SURVEY, AND PROJECT MANAGEMENT CONSULTING FIRM Boeing/Renton Easements Job No. 424-10-910 May 2, 1991 E...Y./1-JBJT C-3 -.JJ ~EGAL DESCRIPTION FOR POWER L:I!-TE EASEMENT That portion of the Northwest quarter of Section 8, Township 23 North, Ranges East, W.M., city of Renton, King County, Washington, being a 30 foot wide strip of land, lying 15 feet on each side of the following described centerli~e: COMMENCING at an existing monument on Park Avenue North shown as P.C. A o+oo on the 'A' Line on Sheet 2 of 5 of the Washington State Department of Highway Plans for 11 PSH 1 (SR 405) North Renton Interchange" as approved April 27, 1965; ~ THENCE N 22 • 22' oa 11 E, 418. 34 feet to an existing monument ("1 shown as P.T, A 4+28,33 an said plans; t) THENCE N 86*50'43 11 W, 248.BO feet to a line which bea:-s C\J H 50*44'54" E, and the TRUE POINT OF BEGINNING; CJ' THENCE N .39·1s 1 06" W, 29.82 feet, more or loss, to the Northwesterly boundary of ~arcel I-BO of the Boeing commercial Airplane Company-Renton Plan Facility, being a line which bears N 49"53'02 11 E and the end of this centerline description. See attached Exhibit 11 D11 • Written by: C.A.G. Checked by: R.S.M. 18: 132 941 Powe![ Avenue 5.W. Sui1c 100 Rcmon, W.;i~hin[:ton, 'J80SS (206) 2211-5628 l l.-:·· • . • • • EXHIBIT CJ, Pl.GE 2 EXHIBIT "D" TO ACCOMPANY LEGAL DESCRIP'JJON FOR POWER EASMENT AT SUBSfATION NO. 1 A PORTION OF THE tffl 1/4 OF SECTION B, TWP. 23 N., ~GE.. 5 E .. W.M., CITY OF RENTON, KING COUNTY, WASHINGTON JO' POWER EASEMENT' ( 15' E,CH SIDE OF CENT£RUNE) CL ... N JS-15'06"'W 29.82' '° '° 0 M b N O' . "' lRUE POINT OF BEGINNING .~· .;,•· ~8(5TJNG 7' HIGH CHAIN/ / LINK FENCE wrrn OVERH(AO EiARB WIRE AS LOCATED ON 04-26-91 HORrZONTAL DATUM: OWNERSHIP IMPS BY HORTON DENNIS AND ASSOCIATES, INC. FGR rnE BOEING RENTON Pw,IT' FACJUTIES, BOETNG JOB NO. J5629J, DRAWING NO. S-0071 DATED MAY 12, 1980 (HDA. INC. JOB NO. 44390) EXISTING MONUMENT, SHOWN AS P.C. A 0+00 ON lHE" • A'" LINE ON SHECT 2 OF 5 Of W.S.0.H. PLANS f"OR •psH 1 (SR 405) NORTH RENTON INTERCHANGE' AS A?PRiJVEO Af'RIL 27, 1965 JOB NO. 424-01-910 DATE : 05-02-91 ORA.Wt-I : C.A.G. CHECKEO : RSM DRAWING MME : EXH-A-D SHEET 1 OF 1 EXISTING MONUMENT, SHOWN 1 AS P.T. A -H28.3.J ON THE • A• LINE ON SHEET 2 OF 5 OF" W.S.D.H. Pl.ANS FOR ~PSH 1 (SR 40S) NORTH RENTON INTERC~~ J,S APPROVED APRIL 27, 1965 n SCALE: 1" " 60' ESM inc. ---------- a•1 <"al'IU.L A."YDHJt s.:r,~ sum: 100 RO,/'JQN. WA.SH .... 'CTON aeo,:s P110N(: (JOO] 228-~UII -----------------~i-__ -_ .. • I ,· · 1 1 ) .. c..YJflll/T C·4 Guy stub Anchor Easement f4 An easement for guy stub anchoring purposes over, under, and across a portion of LOt 4, Block 3, Renton Farm Acreage as recorded in Volume 12 of Plats on page 37, Records of King county, Washington, more particularly described as follows: COMMENCING at the southeast corner of said lot 4: theDce North 1"05'3411 East along the east line thereof lOJ.60 feet to tho POINT OF BEGINNING! thence North 88"54 1 26 11 west a distance of 18.00 feet; thence North 1 • 05' 34 11 East a distance of 10. 00 feet; thence south 88 • 54 1 26 11 East a distance of 18. oo feet to the east line of said lot: thence South 1"05'34" West a distance of 10.00 feet to the POINT OF BEGINNING, containing an area of 180 square feet. 91570/4 W.O. No. 9009044 ' i ' ,, ___ J .• .. . .. . I , - , ; : , > > --..D -..D 0 (") -r- 0 N CJ' f} ... oc'f-"J 2 3 S 88'54'26. E \ 18.00' \ I I N 01-05•34· E,-::J;···.-.• ~ rn.oo· · · 0 I N B8'54'::!6• W 4 5 RECORD OWNER TOTAL PARCEL AREA 1a.oo· EASEMENT AREA 180± S.F. DATE I ' I z w > <l'. w ,. z ;;: w p a 0 0:: z <l'. (.? I I N 8TH ST --------· - 5 SCALE 1 "-so· PUGET POWER WO NO: 9009044 .• • I ~· Guy Stub and Anchor Easement #5 An easement far guy stub and anchors over, under, and across a portion of lot l, Block J, Renton Farm Acreage as recorded in Volume 12 of Plats on page 37, ~ecords of King County, Washington, more particularly described as follows: COMMENCING at the northeast corner of said lot l; thence south 1•05 1 3411 West along the east line theLeof 48.2-4 feet to the POINT OF BEGINNING: thence South 95•59 1 05 11 West a distance of 34.16 feet; thence South 3"00'5-4" East a distance of 10,00 feet; thence North 86 • 59 1 06'1 East a distance of 33. 44 feet to the east line of said lot l; thence North 1·05134n East along the east line thereof 10.03 feet to the POINT OF BEGINNING. Containing an area of 338 square feet. 91570/5 '1.0. No. 9009044 ., ' .. :. . ~ , I , , , .. . . .. -- S B9'27'2S• E'. N 8TH ST r VACATED 1:,I I VACA TEO I "1 I "']-.J ~~,~p 9·os-W\1s.24·-1----------- S 03'00'54" E ·:-:.·:,·. •:,·:·. ·i--10.0:r 10.00· N as·srtos· E J ~ 1 .JJ.44' " n "' p 0 ~ r,..c~t.r,..Gt. r,,_~w, -,.J) z t<-t.~,o\'\ -:,1 ,.J) e1...0C't-j 0 w '\ 'l., (') \JOI...· o-:-V.. i -I~ r-5 a I r':,\.c I 4 N I (1' 2 z I w I I 0 n:: <>: ('.) J ty:4;/,;f C-$-SCALE ,·~so· RECORD OWNER PUGET TOTAL PARCEL AREA EASEMENT AREA 338± S.F. POWER OATE WO NO: 9009044 PROPERTY MAP -EASEMENT AREA " 91570/5 HAMMOND. COLLIER & WADE -Ll,1NGSTONE ASSOCIATES, INC. ' ' .. • l ,.._ a (\J '" cXHIBI Tc~~ Guy stub and Anchor Easement #6 An easement for guy stub and anchors over, under, and across a portion of the southeast quarter of the northwest quarter of Section e, Township 23 North, Range 5 East, W.M., more particularly described as follows: COMMENCING at a point on the south line of said subdivision at the intersection of the northerly extension of the centerline oi Garden Avenue North as shown on the Plat of Renton Farm Acreage as recorded in Volwne 12 of Plats, on page 37, Records of King County, Washington; thence south 89"27 1 25" East along the south line of saicl subdivision 42.00 feet to the POINT OF BEGINNING: thence North 1"05 1 34" East a distance of ,H.59 feet; thence south 88"54 1 26" East a distance of 10,00 feet; thence south 1'05 1 34 11 West a distance of 41. 49 feet to the south line of said subdivision; thence North 89'27 1 25 11 West along said south line 10,00 feet to the POINT OF BEGINNING. containing an a~ea of 415 square feet. 91570/6 W.O. No. 9009044 -------·-----------~,----· -·-··-··-·--.. -.... --.. · .... .• ' .. • . . S B8"54'26'" E PORTION OF SE, NW, 10.00' 1 SEC. 8, T23N, R5E, WM N oro5•34• E~ .·.·. / S Ol"OS'J4• W 4-1.59' ·••• 41.,4-9• ··:-: ·. 42.00" ... 10.00:-- I 0 I "' N 8TH ST S B9'27'25• E . I I 0 I I I "' r-,-i VACATED 30' 30' ~ ----------- ~ ,. n "' 1 p 0 ~ £},Gt. -'r 1>,'i<.W- p..C'i<- sD sD z 'i<. £1:-\ 10~ :, 1 0 r'l -I~ \jQ\..· \ '2., '2. r- 0 I I B\..op"' N <( 5 4 Cl' 2 I z I I w 0 Cl:: <( C) 3 'I I {; .,_;;, !,, f C'-{. SCALE ,·~so' RECORD OWNER PUGET TOTAL PARCEL AREA EASEMENT AREA 415± S.F. POWER DATE WO NO: 9009044 PROPERTY MAP -EASEMENT AREA 91570/6 HAMMOND, COLLIER & WADE -LIVINGSTONE ASSOCIATES INC. . .._,., .. r .. ··~.,--.:-,~.-·--y,--· --' ' I .. • • I '. C:.XHI 131 T C-7 Power PDle and Transmission Line Easefflent #7 An easement for power pole and transmission line over, under, and across a portion of the Southeast quarter of the Northwest quarter of Section a, Township 2J North, Range 5 East, W.M., more particularly described as follows: BEGINNING at a point on the south line of said subdivision at the east margin of Garden Avenue North, formerly known as Garden street; thence North 0·35 1 01 11 East along said east margin 253.26 feet to a point of curve to the left of said east margin; thence North a2•07•34n East a distance of lB.18 feet; thence South 7•52 1 26 11 East a distance of 258.68 feet to the south line of said subdivision; thence North 89·27 1 2511 West along said south line 56 .11 feet to the POINT OF BEGINNING, Containing an area of 9,445 square feet. 91570/7 W.O. No. 9009044 I I I I I ~ I .• • I ; ,•· PORTION Of SE, NW, SEC. 8, T23N, R5E, \%\ i / N B2:'D7'34~ E ~ 1a.1a· JO' 30' ---------------70---.....l c·~ .. ~ .. ~-~-,·i•---------- -~~---_N_;_.::8c..:TH.:..:-_S::.T.:.___---c'"'-_ ----''--"-"_·1 _,'sc.!•!!!'£.,7!.i·,~s· .§ _____ _ i · I ,_: __ v_A_c_A_TE_o __ "r';..' __ g : r-f.i ri., + ·~ I·--------= ------r--=---,-_·_~ __ -_ _,___ -- , l~, -Z 5 4 I I ,l r,,.cr/..t-1 I t'r,,_~\'<• ,'.)-, I j \<.t.~10~ \/ :)\..· \ 'l. 3 t------j----+--i 2 }---j----J-------, 6 - RECORD OWNER TOTAL PARCEL AREA EASEMENT AREA 9,455± S.f, DAT£ 7 8 9 10 SCALE 1•=100· PUGET POWER WO NO: 9009044 PROPERTY MAP -EASEMENT AREA I . ' ' . 91570/7 COLLIER & WADE -LIVINGSTONE ASSOCIA~S, .INC:.,_,~.,-.,-~-~·-··J. :.' . '..• .. :..,,!,-'.-""'':.•.··.~:1.::i.: .. ···.c.1.!i·;'.;..'::!. •. ,1-' ... :,··, ... :.,1-~ HAMMOND. .• ' a .. I = HAMMOND, COLLIER 8c WADE -LIVINGSTONE: ASSOCIATES, INC. Boeing/Renton Easements w.o. 9009014 April 24, 1992 CONSULTING E:NGlNE.ERS c't>.l+IBIT C..-8 LEGAL DESCRIPTION FOR PUGET POWER LINE, SHUFFLETON STEAM PLANT PROPERTY TO BOEING #2 SUBSTATION VIA LOGAN AVENUE THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 8 AND THE EAST HALF :is OF SECTION 7 ALL IN TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., CITY OF 0 RENTON, KING COUNTY, WASHINGTON, MORE PARTICULARLY DESCRIBED AS M FOLLOWS: r-- 0 A 50 FOOT STRIP OF LAND BEIHG 25 FEE'l' ON EACH SIDE OF THE FOLLOWING N DESCRIBED CENTERLINE: fJ' BEGINNING AT A POINT ON THE BOUNDARY LINE BETWEEN THE BOEING COMPANY AND PUGET SOUND POWER AND LIGHT COMPANY: (AS ESTABLISHED BY RENTON LOT LINE AllJUSTMENT 004-88 AF NO. 8808309006 VOLUME 62, PAGE 143): DISTANT 30,9l FEET NORTH 14'36'26" WEST FROM THE NORTHWESTERLY MARGIN OF THE ABANDONED BURLINGTON NORTHERN RAILWAY RIGHT-OF-WAY: THENCE SOUTH 51"06 1 51 11 WEST 405.46 FEET; THENCE SOUTH 40"39 1 41 11 WEST 745.15 FEET: THENCE SOUTH 0•22 1 48 11 WEST 699.24 FEET TO AN INTERSECTION WITH THE EASTERLY MARGIN OF LOGAN AVENUE: THENCE CONTINUING SOUTH 0'22'48" WEST 12,44 FEET TO THE EAST WEST CENTERLINE OF SAID SECTION 7 DISTANT 71, 15 FEET SOUTH 89"52 '15 11 WEST FROM THE EAST QUARTER CORNER OF SAID SECTION 7 AND DISTANT 0,32 FEET SOUTH 89 • 52 '15" WEST FROM THE EAST MARGIN OF LOGAN AVENUE WHICH IS THE SAME AS THE WEST MARGIN OF SAID ABANDCNED BURLINGTON NORTHERN RAILWAY RIGHT-OF-WAY; THENCE CONTilWING SOUTH 0·22148 11 WEST 525.59 FEET TO AN ANGLE POINT DISTANT l.99 FEET WEST OF THE EAST MARGIN OF LOGAN AVENUE: 'fHENCE SOUTH 4 • 06 1 44 11 WEST 200. 4 D FEET; THENCE NORTH 09"00'26" WEST Sl.40 FEET TO A POINT ON THE EAST LINE OF BOEING 12 SUBSTATION DISTANT 124.50 FEET NORTH OF THE SOUTHEAST CORNER OF SAID SUBSTATION SITE AND TERMINUS OF THIS CENTERLINE DESCRIPTION. EXCEPT ANY PORTION OF SAID SO FOOT STRIP LYING WITHIN THE LOGAN AVENUE RIGHT-OF-WAY, \l.01(1k'G\fR0.1.Hl \BO!:: liv.00:: ' ... ,". ·-........ .....--. ,• .. ~. • - J ~ EJ.;L,t C·l?i '° '° 0 M BOEING #2 SUBSTATION so' 7 90' 8 N01 'oo'2B"E 1026.94 ABANDONED B.N.R.R. CO. 100 R.O.W. ---:'----8 2649.61 v'-0 S89'JD'32"E POWER LINE ALIGNMENT LINE I DIRECTION I DISTANCE 1 N51 '06'51 "E 405.48 2 N40'39'4\"E 745.15 3 S00'22'48"W 1237.27 4 N04'06'44"E 200.40 5 5B9'00'26"E 81.40 Dnlts 10/7 /H TWP. 23N., R.5E.,W.M. 1"' .,, 300' RECORD OWNER BOEING COMPANY PUGET POWER TOTAL PARCEL AREA N/A EASEMENT AREA N/A DATE 4-24-92 WO NO: 9008014 PROPERTY MAP -EASEMENT AREA HAMMOND, COLLIER & WAOE -LIVINGSTONE ASSOCIATES, INC. ------' --·· ___ , --· ...... ,., I i .• .. ... - EASEMENT OF OVERHEAD TRANSMISSION AIID UNDERGROUND FACILITES EXHIBIT C-9 EY.cept as may be otherwise sot forth h~rein Grantee's right shall he exercised upon that portion of the Property described as follow: That por~ion of the southeast 1/4 of section 7, Township 23N., Range s EWMe, City of Renton, King County, Washington, being a portion of Government Lot 2 of Court commissioners Plat as lying between the Burlington Northern Rail Road on the west; Park Ave N.on the east; and Lake Wa.shington Blvd~ on the north. Granter grants A right of way Ten (10) feet in width having Five (5) feet of width on each side of a centerline described as follows: ..,[) Beginning at the most Northerly property coner of the above described ...0 property; thence Southwesterly along the Westerly property line c::, thereof 400 feet; thence Easterly at a right angle to said Westerly f'1 line to the Northerly margin of Park Ave. N.: thence Northerly along r-said margin to the intersection of Garden Ave. N.; thence Northerly ~ along the North property line thereof to the point of beginning. a-- 1 1·· .. • .. ' .. £X/.11'6/T C · Cf rs·. "'',W,1"'" ·. : f~? \ I © :::: . I cmri':: '1 I .. .:; I • • CCU, RD/:1.4 8' • • D(UIL •l.l. / \IIID SCALEJ • • . :: / ,U.:, HOl/St [EJ ODO Sl1UHLH01l IISU' 5.\18 ~-~----=- J!.!IJ..!.!~0 10 U/SlALL t/£11 ~I LOl'lll"JII J~Olljl'l)TD SlHD aro I c.uc..i1 '"""' ,, ... ., . ,,._ I ---:--- PARK AVE N. !).0(1!.Jli TO lflSlALL LO•[~ 10ft ur ~ E 0 I 10 ltiCL\JDE• 1Drl·'IIII S.fEU CDIIOtJIT IE~CH-~IU HHL [LllO• ,r .. ctt-SU'IO Of~ BR•tt,E1 r!ltL1!!..filQ! 10 t•1SIALL f![1,t1111IIH kl~H! Hr ll!rltlO[o ~Of r-~111 ITPE ~h PVC (~ .. ::;,' ?UCtl-~H!IO OFF fP .. ll El l(~CH·D[LL [110 = . I .• • I . __ J _ •• When Recorded Return To: Gerald Bresslour Office of the General Counsel The Boeing Company P.O. Box 3707, MC 13-08 Seattle, Washington 98124 11111111111111111 20041119001959 BOEING COV 28, 00 PRGE001 OF 010 11/19/2004 15:15 KlNG COUNTY, IJR DOCUMENT TITLE:Declaration of Covenants, Conditions, and Restdctions REFERENCE NUMBERS OF RELATED DOCUMENTS: GRANTOR/BORROWER: The Boeing Company, Declarant GRANTEE/ASSIGNEEiBENEFICIARY: 20041119001959.001 LEGAL DESCRIPTION: Portions of the NW 'A of Section 8, T23N, RSE, Willamette Meddian, and as set out in Exhibit A, attached at page 5 ASSESSOR'S PARCEL NO(S). 0823059011, 0823059221, 0823059220, 0823059222 DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS THIS DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS (hereinafter referred to as the "Declaration") is made, granted, declared, established and reserved this 3 day of November, 2004. The Boeing Company, a Delaware corporation (hereinafter referred to as "Declarant") is the owner of certain real property legally described on Exhibit A (the "Property") attached hereto and made a part hereof, and The Declarant wishes to provide certain assurances to the City of Renton, a municipality of the State of Washington, that certain steps will be taken by the Declarant and its successors in title with respect to the treatment of surface water on the Property. NOW, THEREFORE, in consideration of the benefits to be derived hereunder, the Declarant hereby makes, grants, declares and establishes this Declaration: 1 20041119001959.00: 1. DEFINITIONS. a. Stonn Water Code Modification Approval. The tenn "Storm Water Code Modification Approval" means the modifications and conditions set out by the City of Renton in a letter from Gregg Zimmerman, P.E., Administrator of the Planning/Building/Public Works Department to the attention of Mr. L. M. Babich III of the Declarant, dated April 27, 2000, and titled "Boeing Parking Lot 3B Storm Water Code Modification Approval (LUA-99-155, SA-H, ECF)", a copy of which is attached hereto as Exhibit B. b. Facilities. The term "Facilities" means the oil/water separators installed on the Property pursuant to the Storm Water Code Modification. 2. TERM. The restrictions declared, reserved, granted and established hereby shall be perpetual and continue in force until such time as the owner of the Property applies for and receives a pennit to construct a building on the Property, at which time the conditions, restrictions, or mitigations imposed in connection with the issuance of such permit shall supersede this Declaration and this Declaration shall thereupon be become without further effect. This Declaration may be terminated or modified only with the consent of the owner of the Property and the City of Renton, PROVIDED that the City of Renton has agreed i£l the Storm Water Code Modification that certain requirements set out herein may be modified as set out in the Storm Water Code Modification. 3. PURPOSE. This Declaration is made in order to provide assurances to the City of Renton that the obligations of the Declarant set out in the Stonn Water Code Modification will be binding upon the successors to the Declarant in title to the Property. 4. COVENANTS, CONDITIONS, AND RESTRICTIONS a. Covenant to Install and Maintain the Facilities. Subject to the terms and conditions of the Storm Water Code Modification, the Declarant shall install the Facilities as provided in the Storm Water Code Modification and shall maintain the Facilities as provided in the Stonn Water Code Modification. b. Covenant to Provide Monthly Regenerative Sweeping of the Property. Subject to the tenns and conditions of the Storm Water Code Modification, the Declarant shall provide regenerative sweeping of the paved surface of the Property no less frequently than monthly. 2 20041119001959.00, 5. GENERAL PROVISIONS. a. Runs with Land. The covenants, conditions, and restrictions contained herein, shall run with the land described in Exhibit A and shall be as binding upon future owners of the Property as and to the same extent they are binding upon the Declarant. b. Partial Invalidity. If any portion of this Declaration shall become illegal, null or void for any reason, or shall be held by any court to be so, the remaining portions hereof shall remain in full force and effect c. Captions. The captions and section headings are inserted for convenience purposes only and shall not be used to expand or diminish the provisions hereof. d. Law. This Declaration shall be interpreted and enforced pursuant to the laws of the State of Washington, without reference to its choice of law rules. e. Severability. If any term or provision of this Declaration or the application thereof to any person or circumstances shall to any extent be invalid and unenforceable, the remainder of this Declaration or the application of such term or provision to persons or circumstances other than those as to which it is invalid or unenforceable, shall not be affected thereby, and each term and provision of this Declaration shall be valid and shall be enforced to the extent permitted by law. f. Construction. This Declaration shall be liberally construed in order to effectuate its purposes. IN WITNESS WHEREOF, the parties have duly executed this Declaration as of the day and year first hereinabove set forth. THE BOEING COMP ANY ~r~e:. -~-•--~_,·. ""',18· l'izfllf-,• Sl<e2ffl-M-11Md-,""lfc-:__--~--. . Aull?811Zed Slgnato.y 3 20041119001959.004 STATE OF WASHINGTON } ss. COUNTY OF KING } I certify that I know or have satisfactory evidence that the person appearing before me and making this acknowledgment is the person whose true signature appears on this document. ., On this ../J_ ~ay of ~r-mbe ,C 2004 before me perso appeared C,,Q,Jr&, l\l\ .1.eJMYni\\\<, to me known to be the ' · of the corporation that executed the 'within and foregoing instrument, and ack wledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. WITNESS my hand and official seal hereto affixed the day and year first above written. -- Notgry Public !llc:rt. of Woshlogton ARLENE C RICE Mr ~lt1tment Expires Aug 15, 2008 Notary Public in and for the State of_\Vashingtgn Residing at 'Be..rvitl¥~ •• ~ L My S{_)fll\Ilission expirxsJi:.ui0.S 1d COi? ,...,_....,.._ .. _,.. ....... ___ ....,...,.....-4 !::lv-h .ti" ci •. 1s. ~cz. , [Type or Print Notary Name) 4 EXHIBIT A LEGAL DESCRIPTION That portion of the Northwest Quarter of Section 8, Township 23 North, Range 5 East, W.M., described as follows: 20041119001959.00! Commencing at the monument in case marking the intersection of Park Avenue North (also known as Secondary State Highway No. 2A) and North 8th Street; thence North 00'56'42" East, along the monumented centerline of Park Avenue North, 30.02 feet to the intersection of the south line of said northwest quarter; thence South 89'28'22" East, along said south line, 56.88 feet, to the true point of beginning; Thence, continuing on said south line, South 89°28'22" East, 744.53 feet, to the westerly margin of Garden Ave. North being 60.00 feet in width; thence, along said westerly margin the following courses, North 00°29'31" East, 253.38 feet; Thence on a curve to the left, said curve having a radius of 850.00 feet, through an included angle of 18'30'00", an arc distance of274.45 feet; Thence North 18'00'30" West, 1249.86 feet, to the intersection of the said westerly margin of Garden Ave. North and the easterly margin of the Renton North Interchange of SR-405 as shown on sheet 2 of 5 of plans thereofas approved April 27, 1965. Thence North 46'17' 10" West, along said easterly margin, 42.25 feet. Thence South 82'05'16" West, 29.05 feet, to the a 12' strip ofland dedicated as right of way in Deed filed under recording number 8811150482 Records of King County; Thence South 43'47'35" West, 136.87 feet; Thence on a curve to the left, said curve having a radius of 515.62 feet, through an included angle of 33°20'33", an arc distance of 300.06 feet; Thence North 79°32'58" West, 12.00 feet; Thence along a non-tangent curve to the left curve the radial center of which bears South 79'32' 58" East, 527.62 feet, through an included angle of 9'30'20" an arc distance of 87.53 feet; Thence North 89'03' 18" West, 5.0 feet, to the easterly margin of Park Avenue North per an unrecorded survey relating to improvements made to Park Avenue North, by the City of Renton, during construction of Park Avenue North improvements EDA Project 07-01- 03375; ( continued on next sheet) 5 Thence South 00°56'42" West, 720.24 feet; Thence South 01°14'57" East, 52.24 feet; Thence South 00°56'42" West, 2.00 feet; Thence South 09°35'51" West;23.26 feet; Thence South 04°18'23" East, 16.39 feet; Thence South 02°07'58" West, 144.71 feet; Thence South 00°01 '16" West, 310.15 feet; Thence South 43°58' 40" East, 21.07 feet to the true point of beginning. Situate in the State of Washington, County of King, City of Renton. Containing: 22.166 acres, 965,583 sq. ft. 6 20041119001959.006 20041119001959.007 EXHIBITB TRUE COPY OF STORM WATER CODE MODIFICATION 7 20041119001959.00! ~" CITY OF RENTON Jesse Tanhet, Mayor April 27, 2000 Mr. L. M. Babich III .Environmental Affairs Manager The Boeing Company P.O. Box-3707, MS 63-41 Seattle, WA 98124·2207 Planning/Building/Public Works Department Gregg Zimmerman P.E., Administrator SUBJEC'l"·:· · ·· -BOEING PARKING LOT 3BSTORM. WATER CODE-MODIFICATION .• A:l'PROV AL (LUA-99-155, SA-H, ECF) . . .. . Dear Mr. Babich: The City of Renton approves the Boeing Parking Lot 3B storm Water code modification request with · conditions. We firid that the proposed code modification meets the decision criteria for Modifications "required by City Code (RMC 4-9-25.0{d)) .. 'fhe code modification request is to. prov_ide storm water treatment through the. use.of monthly parking lot sweeping utilizing special street sweeper equipment; more mquent storm systemm;i.intellancelinspection;:anct tile use·of.coalescing·pJate oil/watet separators: '.tb_e"approval of,.the:code modification. jg. based.iq@i•tl;il'}nfonnation submitted by. the, Boeing:Company on January 27, 2000, and pr"':_ented by.the :Boeini{Coinpanyca\ our April 24; 2000; meeting: ,,_.. ·, .. : · . Th~'cOde.m~tfi~~ti<?.n. wa:s ·J_et~Uled J-';}ef:f~;·:~~R~sio~ criteria si~ce.:tlle proposal ~as to provide 80%Total Suspended Solids (fSS) removal. ·,,The: proposal is to provide storm water treatment for l9.45 acres of the site,wbich.is-an area that is approx:iniately" 150% larger"than the area required to be treated accordjug to tbt provisions'o_ftbe·Citf~current code. fo _approvinftbe code modifii;ation; the City also recognizes that the Boeing Company:· bas· .. dedicated resources to ensure that the inc/eased maintenance . and iµspect/on will 6e ·performed k.-required .by the Boeing R,;nton, Plant's National Pollution. Discharge . Eliininaiion Sysiem (NPDES) p·ermit. · . .· --· .. , . . ... ")."" : . ',; .· .• The Cod~ Modific~on req~~tis ap?rci~icl'«.,Af'tn'efotl&wliig" cciriditions: 1. · A mfoimnril of 19:45 acres of the Boeing Parkilig Lot 3B shall receive storm ,,;;ater treatment. The · storm water treatment shall be achieved by .the following methods: 2. Parking Lot Sweeping: Parking lot sweeping shall be performed monthly through the use of an Elgin Regenerative Sweeper or Schwarze EV Sweeper only. Should the Boeing Company wish to use a different model of sweeper in the coming years, use of the new sweeper shall be subject to written approval ofl),e City of Renton. · · · 3. Catch l:lasin Maintenance and Inspection: All catch basins-in the· 19,45 acres of Boeing Parking Lot 3ffshall be inspected annpally: -When catch basin·sumps ·have become 30% filled"(depth of·sediment · ·-equa[ to 0.3 times the distance between the lx>ttom of the catch basin and the invert of the catch basin) 1055 South Grady Way -Renton, Washington 98055 -- 20041119001959.009 Mr. Babich, Parking Lot 3B Storm Water System April 27, 2000 - Page2 with accumulated sediment, the catch basin sumps shall be cleaned out through the use of a vactor truck or other acceptable storm system cleaning methods. Standard WSDOT Type I and Tne !1 catch basins shall be used in the construction of the parkL'lg Jot stcrm system. 4. Coalescing Plate Oil/Water Separators: A minimum of three (3) coalescing plate oil/water separators shall be installed to_ treat 19.45 acres of the Boeing Parking Lot 3B as proposed. 5. The coalescing plate oil/water separators shall be designed to treat the runoff from the water quality storms for basins I!, 12 and 13 equal to 1.20 cfs, l.01 cfsand 1.48 cfs, respectively as p,oposed. 6. The coalesc~g_ plate oil/water separators s!iall be Facet Intei'nati~ilal, Inc., Mpaks Coalesci~g Plate Oil/Wajer_Se_parators.or equal.aad,.sball be sized),ased.upon the assumption-that amaximum of:66% of the washed off sedinient will be ,emoved via the separators. 7. The coalescing plate oil/water separators shall be inspected monthly or immediately following any . large spiII oa the site. -· · "~~~a\ .. ,~.~-;oi,., h· · 8. · Th .. coalescing plate oiVwat~~is -~J;-qe ~~ed (cleaned) quarterly (every three . montJ,s). or whenev. er o~·-· of~: ~;~~&fion§~~j~ occurs first: "If there is: 1) One (1) mAffi:•p)loating ml; or . '"\.'"'."~J\ . _ . . _ 2) Six (6) in¢hes'of-s1udgemi •\1(itl)l.\M'£th• ~parator; cl __ r · · ~ . I ,,1 ,x .,-*'' ,,, . 3) Sludgejrffthe plat7 paclo .. !. __ ''. · .>·· f · ' · · :, _ · 9. Inspectio~ten.r:cel_.;t,, b~_ .'.' ; :c:~J;~!/:11 s~li± rJort a,;nually to the City that. summarizes t:ie mo~thliinspeqi~-,.~ hieping'i!!Ji!'. WafJ>.erl'o~ed. The r:'port shall· in.elude results ofthe 1nspectioru(~e~t~Ji edunent m catch~m srfuillli@1/llepths ofo1l and sludge m the . coalescing plate oil/water .. ~aratg ,'t-~d note when. m~fe~w,eeping and cleaning) has 'been performed. The teport .sna,y€n~J.!de l!OQ..ll!JW).Wti'£ll ,ffii!\, :m;rv8cl]dors (sweeper; vactor truck operate~) contracted to petfo,~le~1® \U'.d/ilr. aii~g.\lle catch basins and coalescing plate oilM~ter ·separators. Such ilo,~tjQ'.n ~all b,?;,01;;..tJ,},~endor's letterhead and shall briefly descnbe-the work performed, the e_qu1pmeile,\l§fJj,Jj!,!Vhe·dates of work. I 0. City Inspection: The City is authorized to enter the ;Boeing .Parking Lot 3B site at any time and inspect th~ facilities to· verify th~e ·conditions are being_ satisfied_. · I l. · Penalty: If the Boeing Company demonstrates a persistent or repeated faHure to comply with these conditions of the code modificati,;,n; the City·of Renton may require the Boeing Company to install additional storm water quality treatment facilities as required by City code in the Boeing Parking Lot 3B site. 12. Restrictive Covenant: A restrictive covenant shall be recorded against' the Boeing Parking Lot 3B property that lists the above conditions as restrictions against the property. The restrictive covenant shall also provide that in lieu of perfonning the above conditions, any future owner of the Boeing Parking Lot 3B site may modify the site storm system as ootlined in item# I I above. - Mr. Babich, Parking Lot 3B Storm Warer System April 27, 2000 Page 3. 20041119001959 .010 Please notify me if you disaliee with the conditiorrs associated with the requested storm water code modification for the Boeing Parking Lot 3B. We wiU proceed with completing the project construction plan review and issuance of the construction permit if the code modification conditions are acceptable. The construction permit will include a provision requiring the restrictive covenant to be recorded prior to completi?n of construction. Thank you . . Sincerely, ~~~r13 1ut~~ur~ Gregg-Zunmeiman, P.E., Adm1mstrator : · .... _ PJanningiBuilding/Public Works 20041228001864.001 ,----Ret11n1Address--111111111111 -20041228~1 l~I Office of1he General Counsel The Boeing Company FIRST AMERICAN ERS 32 0~64 PAGE001 OF 014 ' MIC 13-08 12/28/2004 14:09 KING COUNTY, UA P.O. Box 3707 Seattle, WA 98124 Attn: Gerald L. Bresslour Document Title(s) (or transactions contained therein): ([!j) 1~9697 Water Line Easement Agreement Reference Nnmber(s) of Documents a.lSigned or released: (on page_ ofdOClllile11ts(s)) 1ST Al\1-S Grantor(s) (Last name first, then first name and initials): The Boeing Company 0 Additional names on page_ of document. EJ(61SE fAA N6f RE€lUIREB Grantee(•) (Last name first, then first name and initials): !'.Ing~: ' -/ J_ P ~/ , Deputy The Boeing Company BY: ~ I 0 Additional names on page _ of document. Legal description (abbreviated: i.e. lot, block, plat or section, township, range) Ptn of Lot 3, Boeing Lakeshore Landing, AFN 20041223000856, NW V.. SB T23N R5B m Full legal is on page ...2.. of document. . A.ssessor1s Property Tu: Parcel/Account Number OS23059011 [D3003-0105-0 DOOOOISB043360.318 l 12/23/04 20041228001864.00~ WATER LINE EASEMENT AGREEMENT TIIlS WATER LINE EASEMENT AGREE1iffiNT (this "Easement Agreement") is made and entered into as of?x·•mhrA 2$. · , 200 _!/_, by and between THE BOEING COMPANY, a Delaware cmporation, as the owner of the land described in EXHIBIT A ("Grantor''), and THE BOEING COMPANY, a Delaware corporation, as the owner of the land descnbed in EXHIBIT B ("Grantee"). RECITALS: A. Grantor is the owner of that certain parcel of land locatc,d within the City of Renton (the "City''), located southeast ofLake Washington and west ofl-405 and commonly known as Boeing Lakeshore Landing (the "Servient Estate") as descnbed in EXHIBIT A attached hereto. B. Grantee is the owner ofland adjacent to the Servient Estate to the west and south (the "Dominant Estate") as descnbed in EXIDBIT B attached hereto. C. Grantee and the City have entered into that certain Agreement and License for Fire Main Intertie, recorded under Recording No. 9106060988. D. The Servient Estate contains certain underground water lines used to provide fireflow, including a water line located in the southwest portion of the Servient Estate (the ''Water Line") benefiting the Dominant Estate. Grantee wishes to obtain and Grantor is willing to grant an exclusive perpetual easement over, under, across and through the portion of the Servient Estate legally descnbed and depicted on EXHIBIT C attached hereto and incorporated herein (the "Easement Area") for the Water Line. AGREEMENT NOW, THEREFORE, for and in consideration of the sum of One Dollar ($1.00) and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Grantor hereby grants, declares, reserves and conveys to Grantee, and its successors and assigns in title to the Dominant Estate, the right to retain the Water Line and an exclusive perpetual easement over, under, across and through the Easement Area, subject to and conditioned upon the following terms, conditions and covenants which Grantee hereby promises to faithfully and fully observe and perform. WATERL!Nl!EASEM!!NT AGREEMENT [03003-0105-000000/llll043360.318] PAGEJ !2fl3/04 20041228001864.00, l. Purpose· Grantee shall have the right to retain the Water Line in the Basement Area and the right of access, ingress and egress over, under, across and through the Easement Area for the purposes of using, operating, repairing, replacing and maintaining the Water Line. 2. CompHance with Laws and Rules Grantee shall at all times exercise its rights herein in accordance with the requirements (as from time to time amended) of any public authority having jurisdiction and all applicable statutes, orders, rules and regulations. 3. Grantee's Use and Activities Grantee shall exercise its rights under this Basement Agreement so as to minimize, and avoid if reasonably possible, interference with Grantor's use of the Easement Area 4. Grantor's Use of the Easement Area Grantor reserves the right to use the Easement Area for any purpose not inconsistent with the rights herein granted; provided, that Grantor shall not erect, construct or maintain any structures or building improvements in the Easement Area. 5. Grantor's Covenants Grantor covenants with Grantee that it shall not disturb or sever the Water Line, or tap into the Water Line, or disrupt the Water Line's service to Grantee or relocate the Water Line. Granter further covenants with Graotee that it shall not grant, declare, reserve or convey any future easement in the Easement Area to any other person. 6. hulemnity Each party (the ''Indemnifying Party") shall hold the other (the "Indemnified Party") harmless from and against any and all claims or liability for bodily injury to or death of any person or loss of or damage to any property arising out of the Indemnifying Party's use of the Easement Area or from any activity, work or thing done, pennitted or suffered by the Indemnifying Party, its employees, agents, contractors or invitees in or about the Easement Area, except claims and liabilities to the extent caused by any negligence or willful misconduct on the part of the Inderrmified Party, its agents, employees, contractors or invitees. 7, Abandonment The rights herein granted shall continue until such time as Grantee gives ninety (90) days prior written notice to Grantor of Grantee's intention to abaodon the easement described in this Easement Agreement, in which event this Basement Agreement shall automatically WATllRLINEEASEMBNT AGREEMENT [03003.Q I OS.OOOOOO/SB0433603 ! 8J PAGB2 121)3/04 2004122&001864.004 terminate without an amendment to this Easement Agreement and all rights hereunder shall revert to Grant or. 8. Termination of Easement Upon the tennination of the easement granted herein, Grantee shall have the right to turn over to Grantor the Water Line in its "AS IS" condition, and Grantee shall have no obligation to remove any underground utility lines, equipment or appurtenances from the Easement Area covered by the easement, nor to perform any cleanup, restoration or remediation to the Easement Area, including without limitation any cleanup or remediation of any contamination of the soil or groundwater in, on or under the Easement Area, provided, however, that in the event that Grantor's rights and obligations under this Easement Agreement are sold or otherwise conveyed to Transwestern Harvest Lakeshore L.L.C., its successors and assigns ("Transwestern"), Grantee's obligations regarding environmental matters under the Agreement of Purchase and Sale and Joint Escrow Instructions dated as of November 23, 2004 by and between Grantee and Transwestem (the "Agreement'') (including any exhibits thereto) shall be applicable to the Easement Area. Except as provided in the Agreement ( including any exlnbits thereto), Grant or shall, and hereby does, release Grantee from any and all claims of any kind or nature, known or unknown, liquidated or unliquidated, whatsoever relating to the condition of the Easement Area, including claims relating to or arising in any way out of the presence on the area of the easement granted herein or in or within the Easement Area of any chemicals, contaminants, hazardous materials or dangerous wastes of any kind whatsoever. 9. Notices Notices required to be in writing under this Easement Agreement shall be personally served or sent by U.S. mail. Any notice given by hand shall be deemed given when delivered and any notice sent by mail shall be deemed to have been received when three days have elapsed from the time such notice was deposited in the U.S. mail, postage prepaid, and addressed as follows: To Grantor: With a copy to: WATER LINE EASEMBNT AGREEMENT [03003..0 l 05..0000001SB043360.3 l8) The Boeing Company MIS 2R-79 P.O. Box3707 Seattle, WA 98124-2207 Attn: Director of Real Estate Gerald L. Bresslour Office of the General Counsel The Boeing Company MIC 13-08 P.O. Box 3707 Seattle, WA 98124 PAGE3 12/23/04 To Grantee: Wrth a copy to: The Boeing Company M/S2R-79 P.O. Box 3707 Seattle, WA 98124-2207 Attn: Director of Real Estate Gerald L. Bresslour Office of the General Counsel The Boeing Company MIC 13-08 P.O. Box 3707 Seattle, WA 98124 20041228001~!4.006 Either party may change the address to which notices may be given by giving notice as above provided. 10. Title The rights granted herein are subject to permits, leases, licenses and easements, if any, heretofore granted by Grantor affecting the Easement Area. Grantor does not warrant title to its property and shall not be liable for defects thereto or failure thereof. 11. Covenants Running with the Land/Successors and Assigns The terms and conditions of this Easement Agreement shall be covenants running with the land, and shall burden and benefit Grantor, Grantee and their respective successors and assigns in interest of the Servient Estate and the Dominant Estate, respectively. 12. No Termination of Prior Liability No termination of this Easement Agreement shall release Grantee from any liability or obligation with respect to any matter occurring prior to such termination. 13. Attorneys' Fees In the event either party brings a legal action against the other party to enforce its rights hereunder, the substantially prevailing party shall be entitled to rer.eive reimbursement from the other party of such prevailing party's costs incurred in such legal action (including the costs of appeal), including the reasonable fees and disbursement of the prevailing party's attorneys, in addition to all other rights and remedies available to the prevailing party at law or in equity. WATllRLINElJASBMENT AOREEMEN1' [03003-010l.{)00000/SB043360.318] PAOR4 121.23104 2004122800 I 864.00l 14. No Merger of Estates The easement granted herein shall not extinguish or terminate by operation of the doctrine of merger or otherwise due to the existing or future common ownership of the real property descnbed herein. 1S. Complete Agreement This Easement Agreement contains the entire agreement of the parties with respect to this subject matter and supersedes all prior or contemporaneous writings or discussions relating to the easement provided for herein. This Easement Agreement may not be amended except by a written document executed after the date hereof by the duly authorized representatives of Grantor and Grantee. This Easement Agreement includes EXHIBITS A, B and C which by this reference are incoiporated into this Easement Agreement. 16. Choice of Law This Easement Agreement shall be governed by the law of the State of Washington, exclusive of its choice oflaw rules. [The remainder of this page is intentionally left blank.] WATERLlNEE.ASEMENTAGRllEMENT [03003--0 1 O~OOOOO/SB043360.3 !8] PAOE5 12/23/04 200412280018~ IN WITNESS WHEREOF, the parties have executed this Basement Agreement as of the date first above written. WATERLINE EASEMENT AOREl!MEN'I (03003-0105-000000/SB043360.3 l8] Guntor: Tiffi BOEING COMP ANY, a Delaware corporation in its capacity as the owner of the land described in EXIIlB~A ~ ByS/JP ~~· Its: Authorized Signatory Grantee: Tiffi BOEING COMP ANY, a Delaware corporation in its capacity as the owner of the land descnbed in :x:~ ~A~/ Its: Authorized Signatory PAOE6 12/23/-04 20041228001864.008 STATE OF WASIBNGTON Notary Public in appeared to me known to be the person who signed as of THE BOEING COMPANY, the corporation that executed the within an regoiog , and acknowledged said instrument to be the free and voluntary act and deed~~ s~~corporation for the uses and purposes therein mentioned, and on oath stated,tgat ~as duly elected, qualified and acting as said officer of the corporation, that~ was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written. WATER LINE l!ASEM!!NT AOREBM!!NT [03003-0105-000000/Sll043360.318] ~~o~t~ >(.; £cLn j. a rh >?CJ/'0 t::r (Print or stamp name of Notary) NOTARYPUBI1Cinand~~ 1 ,1/t! ofWas~gton, resi~ at. ~f,~ f«LZ._ My appomtment exprres: -~ . PAOB7 12/23104 20041228001864.009 STATE OF WASIIlNGTON ) ,J/,1 Md., )ss. COUNTYOF ,~ ) On this ,9-~ of IJR · 200{ before me, the undersigned, a Notary Public in and for the State ofWasbin on, duly commissioned and sworn, personally appeared to me known to be the person who signed as of THE BOEING COMP ANY, the corporation that executed the within and regoing t, and acknowledged said instrument to be the free and voluntary act and '!:~~corporation for the uses and purposes therein mentioned, and on oath stated was duly elected, qualified and acting as said officer of the corporation, that 4.£ was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written. WATERLINBEASEMENT AORJIBMENT [03003.0IOS.000000/SB043360.31gJ NOTARYPUBLICinand~ ,,1"7? of Washington, residing at 2~ My appointment expires: -/ 1'-d -S . PAG!l8 12m/04 EXHIBITA Legal Description of Servient Estate LOT 3, BOEING LAKESHORE LANDING, A BINDING SITE PLAN, RECORDED UNDER RECORDING NO. 20041223000856. SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. APN: 0823059011 EXHIBIT A TO WATERLINEEASBMENT AGREEMENT [03003·0105-000000/SB043360.318] 20041228001864.01 C PAOE9 12123104 EXIIlBITB Legal Description of Dominant Estate LAND SITUATED IN THE STATE OF WASHINGTON, COUNTY OF KING, DESCRIBED AS FOLLOWS: THAT PORTION OF THE BAST HALF OF SECTION 7, TOWNSHIP 23 NORTH, RANGE 5 BAST, W.M., LYING EASTERLY OF THE CEDAR RIVER WATER WAY NO. 2ANDNORTHERLYOFNORTH6TH STREET IN THE SOUTHEASTERLY QUARTER OF SAID SECTION; LESS THAT PORTION FOR NORTHERN PACIFIC RAILWAY RIGHT-OF-WAY, LESS STREETS; TOGETHER WITH VACATED LOGAN STREET LYING NORTHWESTBRL Y OF A LINE 30 FEET NORTHWBSTBRL Y OF THE GOVERNMENT MEANDER LINE; TOGETHER WITH SECOND CLASS SHORB LANDS ADJACENT; AND TOGETHER WITH THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION; BEGINNING AT THE SOUTH MARGIN OF NORTH 6TH STREET AND THE MARGIN OF LOGAN STREET NORTH; THENCE SOUTIIBRL Y ALONG SAID STREET 995.34 FEET; THENCE SOUTH 89°18'45" WEST TO THE EASTERLY MARGIN OF CEDAR RIVER WATER WAY NO. 2; THENCE NORTH ALONG SAID MARGIN TO THE SOUTH MARGIN OF NORTH 6TH STREET; THENCE EAST TO THE POINT OF BEGINNING; LESS THAT PORTION BEGINNING AT THE NORTHWEST CORNER THEREOF; THENCE SOUTHEASTERLY ALONG THE WESTERLY LINE 328.75 FEET TO THENCE NORTH 89°45'45" EAST 366.34 FEET; THENCE NORTH 00°14'15" WEST TO THE SOUTHERLY MARGIN OF NORTH 6TH STREET; THENCE WEST TO THE POINT OF BEGINNING LESS THE SOUTH 137.70 FEET THEREOF; TOGETHER '-'TITH PORTION OF THE NORTHWEST QUARTER OF SECTION 8, TOWNSHIP 23 NORTH, RANGE 5 EAST AND THE SOUTHEAST QUARTER OF SECTION 6, TOWNSIBP 23 NORTH, RANGE 5 EAST AND THE SOUTHWEST QUARTER OF SECTION 5, TOWNSHIP 23 NORTH, RANGE 5 EAST, LYING NORTHWBSTERL Y OF THE NORTHERN PACIFIC RAILWAY RIGHT-OF-WAY AND SOUTHWESTERLY OF A LINE BEGINNING AT THE INTERSECTION OF THE WESTERLY EXTENSION OF THE NORTH LINE OF GOVERNMBNf LOT 1 WITH THE WEST MARGIN SAID RIGHT-OF- WAY; THENCE WEST 763.39 FEET; THENCE NORTH 43°06'56" WEST EXHIBITB TOWATERLlNEl!ASEMENT AGRBEMBNT [03003-01 05.QOOOOO/SB043360.318] 20041228001864.011 PAOEIO 12/23/()4 680.06 FEET MORE OR LESS TO THE INNER HARBOR LINE; THENCE SOUTH 46°52'27" "WEST ALONG SAID LINE 607.89 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 43°06'56" EAST 713.87 FEET; THENCE SOUTH 46°53'04 "WEST 215 FEET; THENCE SOUTH 20°38'24" WEST TO THE NORTHWESTERLY MARGIN OF SAID NORTHERN PACIFIC RlGHT-OF-WAY; LESS BURLINGTON NORTHERN OPERATING STRIP ADJACENT AND PORTION OF THE SOUTHEASTBRL Y LINE OF SAID SECTION 08°23'05" EAST; LESS ROAD NO. 7; TOGETHER WITH VACATED LOGAN STREET LYING NORTHBRL Y OF SPUR TRACKS; TOGETHER WITH BLOCK "C" LAKE WASHINGTON SHORE LANDS 3RD SUPPLEMENTAL. APN: 0723059001 EXH!BITB TOWAIERUNEl!ASl!MENT AGREEMENT [03003--0105--000000/SB043360.318] 2004122800 1864.0 12 PAOE!! 12/23/04 20041228001864:013 EXHIBITC Legal Description of Easement Area WATER EASEMENT ALL THAT CERTAJN PROPERTY SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHJNGTON, LYING WITHlN LOT 3 OF BOEING LAKESHORE LANDING BlNDING SITE PLAN, ACCORDING TO THE BINDING SITE PLAN RECORDED UNDER RECORDING NO. 20041223000856, RECORDS OF KING COUNTY, WASHINGTON, AND ALSO LYING WITHIN THE NORTHWEST QUARTER OF SECTION 8, TOWNSIDP 23 NORTH, RANGE 5 EAST, W.M., BEING MORE PARTICULARLY DESCRIBED AS FOU.OWS: COMMENCING AT THE INTERSECTION OF PARK AVENUE NORTH AND NORTH gm STREET AS SHOWN ON SAID BINDING SITE PLAN, THENCE S89°25'53"E ALONG THE CENTERLINE OF NORTH g'l'R STREET A DISTANCE OF 52.50 FEET; THENCE N00°56'42"E A DISTANCE OF 94.50 FEET TO A POINT ON THE WEST PROPERTY LINE OF SAID LOT 3 AND THE TRUE POINT OF BEGINNING; THENCE FROM SAID TRUE POINT OF BEGINNING S89°03'18"E A DISTANCE OF 67.50 FEET; THENCE N00°56'42"E A DISTANCE OF 34.00 FEET; THENCE N89"03'18"W A DISTANCE OF 67.50 FEET TO A POINT ON SAID WEST PROPERTY LINE; THENCE S00°56'42"W ALONG SAID WEST PROPERTY LINE A DISTANCE OF 34.00 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS 2,295 SQUARE FEET+/-. EXHIBIT C!O WATERLrnEEASE.MENT AOREllMllNT [03003--0105--000000ISB043360.318] PAGE12 12/23/04 52.5' I BOEING LAKE:SHOR[ LANDING 8/NDING SIT[ PLAN LOT J ------i----------11 APPROX. LOCA noN r+---'11"'8"'9"0;;;,J"""l~B..:"W:..._::,57:..·5~0:..· --- FIR£ MAIN INTER-nE ;,, I AGRE:E:MfNT, RE:C. NO. • I 91060509BB ~ ·o + . 0 -----------, ~~ POINT OF --..l_ ~ ( PROPOSED WATER EASEMENT .... .... .... 8 ~; ~ I BE:G/NNING ,-.......... I I ;/:J.,--,-s"'B"'9"'uJ""'1..,.a"'"·r.,..--67-.s-o"""· --.J L..- 20M i!!B891864.8~4 -e- ' ' "'-- NORTH 8TH ST. ~-- [XH/8/T '8' PROPOSED WATER EASEMENT , SCALE: 1" = 30' ------- 20041228001869.001 -,,11111111111111 20041228001869 Return Address Office of the Gelleral Counsel The Boeing Company MIC 13-08 P.O. Bo,c 3707 Seattle, WA 98124 Attn: Gerald L. Bresslour Document Title(•) (or transactions contained therein): Water Line Basement Agreement Reference Namber(s) of Documents assigned or released: (on page_ of documents(s)) Grantor(s) (Last name first, then first name and initials): The Boeing Company 0 Additional names on page_ of document. Grantee(•) (Last name first, then first name and initials): The Boeing Company 0 Additional names on page_ of document. FIRST AMERICAN EAS 32.00 ?AGE001 OF 014 \Z/28/2004 14:0~ KING COUNTY, UA (!J) I ;J.JJ G 9 7 1ST AM-S · "'J.····~·-; 'fAV llll'\-.P 1::.i:=ki llA.PPI King~Re~ BY: -,,:. , Deputy I Legal description (abbrev:iated: i.e. Jo~ block, plat or section, township, range) Ptn of Lot 3, Boeing Lakeshore Landing, AFN 20041223000856, NW Y. S8 T23N RSE [Kl Full legal is on page _2_ of document Assessor's Property Tax Parcel/Account Number 0823059221 (03003-0105·000000/SB043350.079] 12/23/04 20041228001869.00: WATER LINE EASEMENT AGREEMENT THIS WATER LINE BASEMENT AGREB:t}filNT (this "Basement Agreement") is made and entered into as of'l>~r..r Z$ , 200 :1.., by and between THE BOEING COM1' ANY, a Delaware corporation, as the owner of the land descnbed in EXHIBIT A ("Granter"), and THE BOEING COMP ANY, a Delaware corporation, as the owner of the land described in EXHIBIT B ("Grantee"). RECITALS: A. Grantor is the owner of that certain parcel of land located within the City of Renton (the "City'), located southeast of Lake Washington and west ofI-405 and connnonly known as Boeing Lakeshore Landing (the "Servient Estate") as desC!'loed in EXHIBIT A attached hereto. B. Grantee is the owner of land adjacent to the Servient Estate to the west and south (the "Dominant Estate") as descn"bed in EXHIBIT B attached hereto. C. The Servient Estate contains certain underground water lines including a water line located in the northeast portion of the Servient Estate ( the ''Water Line") benefiting the Dominant Estate. D. Grantee wishes to obtain and Grantor is willing to grant an exclusive perpetual easement over, under, across and through the portion of the Servient Estate legally described and depicted on EXHIBIT C attached hereto and incorporated herein ( the "Basement Area") for the Water Line. AGREEMENT NOW, THEREFORE, for and in consideration of the sum of One Dollar ($1.00) and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Granter hereby grants, declares, reserves and conveys to Grantee, and its successors and assigns in title to the Dominant Estate, the right to retain the Water Line and an exclusive perpetual easement over, under, across and through the Easement Area, subject to and conditioned upon the following te=, conditions and covenants which Grantee hereby promises to faithfully and fully observe and perform 1. Purpose Grantee shall have the right to retain the Water Line in the Easement Area and the right of access, ingress and egress over, under, across and through the Easement Area for the purposes of using, operating, repairing, replacing and maintaining the Water Line. WATERLINE EASEMENT AGREE.MF.NT (03003-0I05.000000/SB04J350.079J PA0Bl 12123/04 20041228001869 .003 2. Compliance with Laws and Rnles Grantee shall at all times exercise its rights herein in accordance with the requirements ( as from time to time amended) of any public authority having jurisdiction and all applicable statutes, orders, rules and regulations. 3. Grantee's Use and Activities Grantee shall exercise its rights under this Easement Agreement so as to minimize, and avoid if reasonably possible, interference with Grantor's use of the Easement Area. 4. Grantor's Use of the Easement Area Grantor reserves the right to use the Easement Area for any purpose not inconsistent with the rights herein granted; provided, that Grantor shall not erect, construct or maintam any structures or building improvements in the Easement Area. S. Grantor's Covenants Grantor covenants with Grantee that it shall not disturb or sever the Water Line, or tap into the Water Line, or disrupt the Water Line's service to Grantee or relocate the Water Line. Grantor further covenants with Grantee that it shall not grant, declare, reserve or convey any future easement in the Easement Area to any other person. 6. Indemnity Each party (the "Indemnifying Party'') shall hold the other (the "Indemnified Party'') harmless from and against any and all claims or liability for bodily injury to or death of any person or loss ofor damage to any property arising out of the Inderrmifying Party's use of the Easement Area or from any activity, work or thing done, permitted or suffered by the Indemnifying Party, its employees, agents, contractors or invitees in or about the Easement Area, except claims and liabilities to the extent caused by any negligence or willful misconduct on the part of the Indemnified Party, its agents, employees, contractors or invitees. 7. Abandonment The rights herein granted shall continue until such time as Grantee gives ninety (90) days prior written notice to Grantor of Grantee's intention to abandon the easement described in this Easement Agreement, in which event this Basement Agreement shall automatically terminate without an amendment to this Basement Agreement and all rights hereunder shall revert to Grantor. WATER LlNE EASEMENT AOREEMBNT [03003.0105.000000/SB043350.079] PACJB2 12123/04 20041228001869.004 8. Termination of Easement Upon the termination of the easement granted herein, Grantee shall have the right to tum over to Grantor the Water Line in its "AS IS" condition, and Grantee shall have no obligation to remove any underground utility lines, equipment or appurtenances from the Easement Area covered by the easement, nor to perform any cleanup, restoration or remediation to the Basement Area, including without limitation any clellllup or remediation of any contamination of the soil or groundwater in, on or under the Easement Area, provided, however, that in the event that Grantor's rights and obligations under this Easement Agreement are sold or otherwise conveyed to Transwestern Harvest Lakeshore L.L.C., its successors and assigns ("Transwestern"), Grantee's obligations regarding environmental matters under the Agreement of Purchase and Sale and Joint Escrow Ins1ructions dated as of November 23, 2004 by and between Grantee and Transwestern (the "Agreement") (including any exlnoits thereto) shall be applicable to the Easement Area. Except as provided in the Agreement, ( including any exhibits thereto), Grantor shall, and hereby does, release Grantee from any and all claims of any kind or nature, known or unknown, liquidated or unliquidafed, whatsoever relating to the condition of the Easement Area, including claims relating to or arising in any way out of the presence on the area of the easement granted herein or in or within the Easement Area of any chemicals, contaminants, hazardous materials or dangerous wastes of any kind whatsoever. 9. Notices Notices required to be in writing under this Basement Agreement shall be personally served or sent by U.S. mail. Any notice given by hand shall be deemed given when delivered and any notice sent by mail shall be deemed to have been received when three days have elapsed from the time such notice was deposited in the U.S. mail, postage prepaid, and addressed as follows: To Grantor: With a copy to: WATERI.JNBENlEMENT AGREEMENT [03003.(J l 05 .OOOOOOISB043350.079] The Boeing Company M/S2R-79 P.O. Box 3707 Seattle, WA 98124-2207 Attn: Director of Real Estate Gerald L. Bresslour Office of the General Counsel The Boeing Company MIC 13-08 P.O. Box 3707 Seattle, WA 98124 PAOEJ 12/23/04 To Grantee: With a copy to: The Boeing Company M/S2R-79 P.O. Box 3707 Seattle, WA 98124-2207 Attn: Director of Real Estate Gerald L. Bresslour Office of the General Counsel The Boeing Company MIC 13-08 P.O. Box 3707 Seattle, WA 98124 20041228001869.00! Either party may change the address to which notices may be given by giving notice as above provided. 10. Title The rights granted herein are subject to pernrits, leases, licenses and easements, if any, heretofore granted by Grantor affecting the Easement Area. Grantor does not warrant title to its property and shall not be liable for defects thereto or failure thereof. 11. Covenants Running with the Land/Successors and Assigns The terms and conditions of this Easement Agreement shall be covenants running with the land, and shall burden and benefit Grantor, Grantee and their respective successors and assigns in interest of the Servient Estate and the Dominant Estate, respf'.ctively. 12. No Termination of Prior Liability No tennination of this Easement Agreement shall release Grantee from any liability or obligation with respect to any matter occurring prior to such termination. 13, Attorneys' Fees In the event either party brings a legal action against the other party to enforce its rights hereunder, the substantially prevailing party shall be entitled to receive reimbursement from the other party of such prevailing party's costs incurred in such legal action (including the costs of appeal), including the reasonable fees and disbursement of the prevailing party's attorneys, in addition to all other rights and remedies available to the prevailing party at law or in equity. WATERUNEEASEMENT AGREEMENT [03003-0105-000000/SB043350.079] :PAOE4 12123/04 20041228001869. 006 14, No Merger of Estates The easement granted herein shall not extinguish or terminate by operation of the doctrine of merger or otherwise due to the existing or future common ownership of the real property described herein. 15. Complete Agreement This Easement Agreement contains the entire agreement of the parties with respect to this subject matter and mipersedes all prior or contemporaneous writings or discussions relating to the easement provided for herein. This Easement Agreement may not be amended except by a written document executed after the date hereofey the duly authorized representatives ofGrantor and Grantee. This Easement Agreement includes EXHIBITS A, B and C, which by this reference are incorporated into this Easement Agreement. 16. Choice of Law This Easement Agreement shall be governed by the Jaw of the State of Washington, exclusive of its choice of law rules. [The remainder of this page is intentionally left blank] WATFJI..LINEEASEM!!NT AGRJ'l!MENT [03003.0105.000000/SB04ll50.079] 20041228001869.007 IN WITNESS WHEREOF, the parties have executed this Basement Agreement as of the date first above written. WAT!lRL!Nl!EASEMENT AGRJ!J!MENT [03000.0105.()00000/SB043350.079] Gran tor:. THE BOEING COMP ANY, a Delaware corporation, in its capacity as the owner of the land descnbed in EXHIBIT A ByCJ& ~~ Its: Authorized Signatory Grantee: THE BOEING COMPANY, a Delaware corporation, in its capacity as the owner of the land described in BXHIBITB By CJ1ffi XIMAk Its: Authorized Signatory PAOEo 12/23104 STATE OF WASHINGTON } ~,//IL } S&. 20041228001869.008 COUNTYOF ~ ) On thisj27.«'aiy of ~ · , 20~ before me, the undersigned, a Notary Public· and for the State of Was · n, duly commissioned and sworn, personally appeared to me known to be the person who signed as of THE BOEING COMPANY, the corporation that executed the within foregoing · t, and acknowledged said instrument to be the free and voluntary act and deed ~f JP~ corporation for the uses and purposes therein mentioned, and on oath stated_~~ was duly elected, qualified and acting as said officer of the corporation, tha~ was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written. WATER UNE llASFMENT AGREEMENT [03003.0105-0-00000/SB043350.079] ~~~A~ (Signature ofN'otaryj 1,>{L.£(Lh ,£. a_Y';,1~,0er{jff' (Print or stamp name of Notary) 7 NOTAR:PUBLI~~ ancl~~S~tat /,~ of Washington, residing at _ -d / !{,!./-" My appointment.expires: --~ ' . PAGB7 12123/04 20041228001869.009 STATE OF WASHINGTON Notary Public appeared to me known to be the person who signed as of THE BOEING COMPANY, the corporation that executed the within foregoing · , and acknowledged said instrument to be the free and voluntary act and deed ~orporation for the uses and purposes therein mentioned, and on oath stated that was duly elected, qualified and acting as said officer of the corporation, that ~ ; was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written. WATl!R UNB EASEMENT AGREEMENT (03003-0105-000000/S:8043350.079] ~JtuUIA~~ (Signature ofNotaty) c-;>IL CtV'1 J · fl;"' 11._;per(j.-e.r (Print or stamp name ofNotary) of Washington, residing at ~ , ~ NOTAR_Y PUBLI? ~ and ~State /{}(P My appointment expires: -4'-tf.5 7 • PAOE8 12123/04 EXHIBIT A Legal Description of Servient Estate LOT 3, BOEING LAKESHORE I.ANDING, A BINDING SITE PLAN, RECORDED UNDER RECORDJNG NO. 20041223000856. SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. APN: 0823059221 l!XHlBIT A TO WATER L1Nll EASEMENT AGRERMENT [Ol003-0!0S-000000/SB0433S0.079] 20041228001869.010 PAOl!9 lm3/04 EXIDBITB Legal Description of Dominant Estate LAND SITUATED IN THE STATE OF WASIIlNGTON, COUNTY OF KING, DESCRIBED AS FOLLOWS: THAT PORTION OF THE EAST HALF OF SECTION 7, TOWNSHlP 23 NORTH, RANGE 5 EAST, W.M., LYING EASTERLY OF THE CEDAR RIVER WATER WAY NO. 2 AND NORTHERLY OF NORTH 6TH STREET IN THE SOUTHBASTERLY QUARTER OF SAID SECTION; LESS THAT PORTION FOR NORTHERN PACIFIC RAILWAY RIGHT-OF-WAY, LESS STREETS; TOGETHER WITH VACATED LOGAN STREET LYING NORTHWESTBRL Y OF A LINE 30 FEET NORTHWBSTERL Y OF THE GOVERNMENT MEANDER LINE; TOGETHER WITH SECOND CLASS SHORB LANDS ADJACENT; AND TOGETHER WITH THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION; BEGINNING AT THE SOUTH MARGIN OF NORTH 6TH STREET AND THE MARGIN OF LOGAN STREET NORTH; THENCE SOUTHBRL Y ALONG SAID STREET 995.34 FEET; THENCE SOUTH 89°18'45" WEST TOTHEEASTERLYMARGINOFCEDARRlVBR WATER WAY NO. 2; THENCE NORTH ALONG SAID MARGIN TO THE SOUTH MARGIN OF NORTH 6TH STREET; THENCE EAST TO THE POINT OF BEGINNING; LESS THAT PORTION BEGINNING AT THE NORTHWEST CORNER THEREOF; THENCE SOUTHEASTERLY ALONG THE WESTBRL Y LINE 328.75 FEET TO THENCE NORTH 89°45'45" BAST 366.34 FEET; THENCE NORTH 00°14'15" WEST TO THE SOUTHERLY MARGIN OF NORTH 6TH STREET; THENCE WEST TO THE POINT OF BEGlNNING LESS THE SOUTH 137.70 FEET THEREOF; TOGETHER WITH PORTION OF THE NORTHWEST QUARTER OF SECTION 8, TOWNSHIP 23 NORTH, RANGE 5 EAST AND THE SOUTHEAST QUARTER OF SECTION 6, TOWNSHIP 23 NORTH, RANGE 5 BAST AND THE SOUTHWEST QUARTER OF SECTION 5, TOWNSHIP 23 NORTH, RANGE 5 EAST, LYING NORTHWESTERLY OF THE NORTHERN PACIFIC RAILWAY RIGHT-OF-WAY AND SOUTHWESTER!.. Y OF A LINE BEGINNING AT THE INTERSECTION OF THE WESTERLY EXTENSION OF THE NORTH LINE OF GOVERNMENT LOT I WITH THE WEST MARGIN SAID RIGHT-OF- WAY; THENCE WEST 763.39 FEET; THENCE NORTH 43°06'56" WEST EXHIBITB TO WATERLlNEEASEMENT AGREEMENT [03003-0105.000000/SB043350.079J 20041228001869.011 PAGEIO 12/23104 680.06 FEET MORE OR LESS TO THE INNER HARBOR LINE; THENCE SOUTH 46°52'27" WEST ALONG SAID LINE 607.89 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 43°06'56" BAST 713.87 FEET; THENCE SOUTH 46°53'04 WEST 215 FEET; THENCE SOUTH 20°38'24" WEST TO THE NORTHWBSTBRL Y MARGIN OF SAID NORTHERN PACIFIC RIGHT-OF-WAY; LESS BURLINGTON NORTHERN OPERATING STRIP ADJACENT AND PORTION OF THE SOUTHEASTERLY LINE OF SAID SECTION 08°23'05" BAST; LESS ROAD NO. 7; TOGETHER WITH VACATED LOGAN STREET LYING NORTHERLY OF SPUR TRACKS; TOGETHER WITH BLOCK "C" LAKE WASIDNGTON SHORB LANDS 3RD SUPPLEMENTAL. APN: 072305900! EXHIBIT B 10 WATERLINBEASEMENT AGREEMENT [03003-0!0S-000000ISB0433S0.679] 2004122800 1869.0 12 PAOEU 12123/04 21)641!£60S1888.010 EXHIBITC Legal Description of Easement Area WATER EASEMENT ALL THAT CERTAIN PROPERTY SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON, LYING WITHIN LOT 3 OF BOEING LAKESHORB LANDING BlNDING SITE PLAN, ACCORDING TO THE BINDING SITE PLAN RECORDED UNDER RECORDING NO. 20041223000856, RECORDS OF KING COUNTY, WASHINGTON, AND ALSO LYING WITHIN THE NORTHWEST QUARTER OF SECTION 8, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF GARDEN AVENUE NORTH AND NORTH 10TH STREET AS SHOWN ON SAID BINDING SITE PLAN, THENCE Sl8°00'30"E ALONG THE CENTERLINE OF GARDEN AVENUE NORTH A DISTANCE OF 186.20 FEET; THENCE S7 l 0 59'30"W A DISTANCE OF 30.00 FEET TO A POINT ON THE EAST PROPERTY LINE OF SAID LOT 3 AND THE TRUE POINT OF BEGINNING; THENCE FROM SAID TRUE POINT OF BEGINNING S18°00'30"EALONG SAID EAST PROPERTY LINE A DISTANCE OF 41.82 FEET; THENCE S88°57'49"W A DISTANCE OF 26.21 FEET; THENCE NOi 0 02'11 "WA DISTANCE OF 40.00 FEET; THENCE N88°57'49"B A DISTANCE OF 14.00 FEET TO THE TRUE POINT OF BEGINNlNG. CONTAINS 804 SQUARE FEET+/-. EXH!BIT C 10 WATER LINE EASEMENT AGREEMENT [03003-0 l 05-000000/SB043350.079] PAGE12 12/23/04 - - BOEING LAKESHORE LANDING BINDING SITE PLAN LOT .3 \ \ WA !<R f:ASEMDIT. R£C. NO, 8805190541 __...._r.:: -,-------------~ ~.,, I d ~ ~~ "' .~ SCALF:: 1 • = .30' \ \ \ \ \ \ I r ----------1 :: . 1i_=< / I L" ~ \~ I I \ I I I I / I I I PROPOSED WATER EASEMENT EXHiBIT 'B' PROPOSED WATER F:ASEMENT I \ 20841!!6661889.844 When Recorded Return To: Gerald Bresslour Office of the General Counsel The Boeing Company P.O. Box 3707, MC 13-08 Seattle, Washington 98124 20041228001871.001 DOCUMENT TITLE:Declaration of Covenants, Conditions, Easements and Restrictions REFERENCE NUMBERS OF RELATED DOCUMENTS: GRANTOR/BORROWER:. The Boeing Company GRANTEE/ASSIGNEE/BENEFICIARY: NIA LEGAL DESCRIPTION: (Burdened Property)Lots J-4, Boeing Lakeshore Landing, BSP 20041223000856, as more fully described in Exhibit A beginning on page 12 of this Declaration A legal description of the benefited property begins on page 13 of this Declaration ASSESSOR'S PARCEL NO(S). 082305-9220-05; 082305-9221-04; 082305-9011-08; 082305- 9222-03; 082305-9079-07; 082305-9204-05; 082305-9037-08; 082305-9152-07 i:XCISt i/\X N01' REQUIRED Kin~R~ Division B'l" ,,,__,. -A/ , Depuly Renton Lakeshore Landing CCRs (Closing) 20041226 1ST AM-S Page 1 of 15 20041228001871.002 DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS, AND RESlRICTIONS THIS DECLARATION OF COVENANTS, CONDITTONS, EASEMENTS, AND RESTRICTIONS (hereinafter referred to as the "Declaration") is made, granted, declared, established and reserved this 28th day of December, 2004. WHEREAS, The Boeing Company, a Delaware corporation (hereinafter referred to as "Declarant") is the owner of certain real property legally described on Exhibit A attached hereto and made a part hereof (the "Property"); and WHEREAS, the Declarant also owns substantial property in the general area of the Property, described in Exhibit B (the "Retained Property"), which is affected by operations at the Property; and WHEREAS, the Declarant wishes to insure that the use of the Property does not adversely affect the use of the Retained Property and permits the owner of the Retained Property to use and enjoy the Retained Property. NOW, THEREFORE, in consideration of the benefits to be derived hereunder, the Declarant hereby makes, grants, declares and establishes this Declaration: 1. DEFINITIONS AND PURPOSE. a. Project. As used herein, the term "Project" shall mean the development of the Property, the Retained Property or any part thereof, the redevelopment of the Property, the Retained Property, or any part thereof, or the use of the Property, the Retained Property, or any part thereof. b. Intentionally Omitted. c. Road and Street Designations. Designations of roads and streets in this Declaration shall be deemed to apply to the streets referred to herein as designated and laid out on the date hereof, provided that this Declaration shall continue to apply to said streets and roads if called by a different name at any time in the future and/or if aligned differently in the future from their alignment on the date hereof. d. Improvements shall mean and refer to all structures, improvements, equipment, fixtures, objects used for decorative or incidental purposes, and construction of any kind on any Lot whether above or below the land surface, whether permanent or temporary, including without limitation, Buildings, utility lines, driveway, paved parking areas, pathways, fences, screening walls, retaining walls, plantings, planted trees and shrubs, Renton Lakeshore Landing CCRs (Closing) 20041226 Page 2 of 15 2. ?0041218661 ST 1.EIEII! irrigation and drainage pipes and fixtures, catch basins or other devices for the collection and/or detention of stonnwater runoff, lighting fixtures and signs. e. Occupant shall mean and refer to, collectively, the Owner and any other Person or Persons entitled, by ownership, leasehold interest or other legal relationship, to the right to occupy all or any portion of the Property. f Owner shall mean and refer to the Person or Persons holding record fee title to the Property (including, as applicable, Declarant, but excluding any Person holding such interest merely as security for the performance of an obligation), and their respective heirs, successors and assigns. g. Person shall mean and refer to any individual, partnership, corporation, trust, estate or other legal entity. h. Lot shall mean and refer to any legal lot into which the Property or any part of it has on the date hereof or shall hereafter be divided. TERM. The restrictions declared, reserved, granted and established hereby shall continue in full force and effect for as long as any portion of the Retained Property is owned, occupied, or used by (a) The Boeing Company, or (b) any direct or indirect subsidiary of The Boeing Company, or (c) any corporation, business, or other entity that is controlled by or under common control with The Boeing Company or (d) any corporate, business, or other entity that supplies The Boeing Company or any entity identified in clause (b) or ( c) with goods or services in support of the aviation industry, including the business of designing, producing, maintaining, repairing, or modifying aircraft or spacecraft. This Declaration may be terminated or modified only with the consent of The Boeing Company or the parties referred to in clauses (b), (c), or (d) if they are the owner or occupant of the Retained Property. 3. COVENANTS, CONDITIONS, AND RESTRICTIONS The Declarant hereby covenants that the Property will be used by Declarant and by all of its successors in title to the Property, and by all occupants of the Property in compliance with and subject to the following: 3.1. Pennitted Purposes; Prohibition of Certain Uses. The Property shall be used solely for purposes pennitted by the Development Agreement for Renton Plant Development dated November 24, 2003 (as it may be amended from time to time, the "Development Agreement"), recorded in the records of King County, Washington under recording no. 20031210001637, unless otherwise agreed in writing by the Declarant. The Declarant may prohibit any other use, even if such use is permitted under, or would be allowed as a nonconforming use under, the City of Renton Zoning Code or land use regulations as in effect on the date of this Declaration or as they may be amended at any Renton Lakeshore Landing CCRs (Closing) 20041226 Page 3 ol 15 2004 I 22800 I 6f I .Oe4 time hereafter, PROVIDED that the Declarant shall not object to any first-class institutional quality mixed use development project comprised of residential, retail, office, hotel, and/or commercial uses. Without limiting the generality of the foregoing, under no circumstances shall the Property be used in any way for or in connection with (a) the sale, distribution, or display of pornographic, obscene, or so-called "adult" literature, periodicals, movies, videos, pictures, photographs, or the like PROVIDED HOWEVER that nothing herein shall prohibit users such as Borders, Barnes & Noble, Blockbuster, or Walgreens who may sell or distribute one ore more of such products as an ancillary part of its primary business; (b) the presentation of so-called "adult" entertainment (c) the operation of a strip club, gentlemen's club, or an establishment providing entertainment in the form of table or lap dancing or (d) the sale, distribution, or display of drug paraphernalia. The Property shall be kept and maintained in a first-class manner. Without limiting the generality of the foregoing, the following uses are expressly prohibited on the Property: (1) hospitals; (2) schools, except that post-secondary vocational, trade, professional, and technical educational institutions shall be allowed (3) residential uses and pre-secondary school day care facilities are prohibited entirely on Lot I; residential uses are prohibited on the ground level or below ground level on Lots 2, 3, and 4 of the Property PROVIDED THAT development of residential units at grade level will be permitted if the Owner uses construction methods that will prevent any indoor air migration of materials that may adversely affect human health (such methods to include, by way of example but not limitation, installation of adequate vapor barrier and passive or active ventilation systems). (4) men's clubs; (5) trailer courts without Declarant's prior written approval; (6) distillation of bones; (7) junk or salvage yards, or dumping, disposal, incineration or reduction of garbage, sewage offal, dead animals or refuse; (8) rendering of fat or animal tissues; (9) stockyard or slaughter of animals; Renton Lakeshore Landing CCRs (Closing) 20041226 Page 4 of 15 (10) refining of petroleum or its products; (I 1) smelting of ores; 20041228001871.005 (12) raising or boarding of animals, except for animals kept within a Building and necessary for onsite laboratory or research purposes, except for retailers such as Petsmart or Petco that may board animals as an ancillary part of their businesses; (13) retail or wholesale by any automobile, truck, camper or mobile home dealerships having outside storage and inventory; (14) open cross-dock truck terminals without Declarant's prior written approval ; (15) any other use that is hazardous to any Lot(s) on the Property or the Retained Property or contiguous properties by reason of fumes, dust, noise, electromagnetic or nuclear radiation, thermal pollution, liquid or solid waste pollution, or particular danger of fire or explosion; 3.2. Design Standards. In connection with the initial development and construction of any Improvements on the Property or the construction of any material alterations, renovations or additions to any Improvements on the Property, or any material redevelopment of the Property, Buyer covenants that (i) Buyer shall utilize the services of a duly licensed architectural firm experienced in the design of retail shopping centers and mixed-use developments and (ii) that the exterior elevations and design of all building Improvements and exterior signage, lighting, landscaping and screening will provide for a level of materials, quality and appearance comparable to other high quality retail shopping center/ mixed-use projects, taking into account the incorporation of tenants' or operators' prototypical architectural design features. 3.3. Declarant to be Held Harmless from Construction Costs, Mitigation Costs, etc. in Connection with Development of the Property. The owner or owners of all or any portion of the Property shall release the owner or owners of all or any portion of the Retained Property from and shall indemnify and hold harmless the owner or owners of all or any portion of the Retained Property from and against any and all construction costs, fees, or charges associated with the development or redevelopment of all or any portion of the Property, whether such obligation takes the form of construction of public or private improvements, the payment of mitigation or impact fees or the payment of assessments levied by any improvement district formed to finance the construction of any such improvements. The owner or owners of all or any portion of the Retained Property shall release the owner or owners of all or any portion of the Property from and shall indemnify and hold harmless the owner or owners of all or any p01tion of the Property from and against any and all construction costs, fees, or charges associated with the development or redevelopment of all or any portion of the Retained Property, whether Renton Lakeshore Landing CCRs (Closing) 20041226 Page 5 of 15 %60412%866 t BT 1.888 such obligation takes the form of construction of public or private improvements, the payment oi mitigation or impact fees or the payment of assessments levied by any improvement district formed to finance the construction of any such improvements. 3.4. Use of Groundwater. No Owner, occupant, tenant, or other person on the Property shall withdraw or use groundwater on or under the Property for any purpose other than environmental testing, monitoring or remediation. 3.5. Covenant Not to Object to Any Development on or Use of the Retained Property. The owner of the Property shall not object to any governmental agency with respect to any "Exempted Development" on all or any portion of the Retained Property, except to the extent that (1) such development, redevelopment, proposal, plan or agreement would require the payment by said owner of mitigation costs in connection therewith or (2) such development, redevelopment, proposal, plan or agreement would contravene items 3.1(4) through (15) or (3) such development, redevelopment, proposal, plan or agreement provides for low income or subsidized housing or (4) such development, redevelopment, proposal, plan or agreement contravenes the Development Agreement as it may be amended from time to time. "Exempted Development" means any development or redevelopment on, or proposal, plan, or agreement for any portion of the Retained Property that is owned, occupied, or used by (a) The Boeing Company, or (b) any direct or indirect subsidiary of The Boeing Company, or (c) any corporation, business, or other entity that is controlled by or under common control with The Boeing Company or (d) any corporate, business, or other entity that supplies The Boeing Company or any entity identified in clause (b) or (c) with goods or services in support of the aviation industry, including the business of designing, producing, maintaining, repairing, or modifying aircraft or spacecraft. 3.6. Rights regarding Test Wells; Easement regarding Environmental Matters. The Declarant shall have a nonexclusive easement to enter the Property for the purpose of obtaining readings from monitoring wells as shown on the Plan attached hereto and taking samples from such wells and for the maintenance, repair, replacement, renewal, decommissioning, and closing of such wells. Such easement shall terminate after the Washington State Department of Ecology (''DOE") and the United States Environmental Protection Agency ("USEPA") remove all requirements for the continuation of such monitoring. Upon the removal of all such requirements, the Declarant, at no expense to the owner at the time of the Property, shall close and decommission all such test wells in accordance with applicable regulations, and upon such wells being so decommissioned, such easement shall terminate. While the wells are located on the Property, they shall be maintained in a good state of repair and operation in accordance with applicable legal requirements by the Declarant at no expense to the Owner of the Property. Upon request by the owner of the Property, the Declarant shall provide the logs for such wells at no charge. The owner of the Property shall not construct any improvements nor allow the construction of any improvements (other than parking area curbs and paving and drainage/landscaping berms) within five (5) feet of Renton Lakeshore Landing GGRs (Closing) 20041226 Page 6 of 15 20041228001871.007 any of the wells shown on the Plan. The Declarant shall provide the owner of the Property with copies of all reports provided to the DOE and/or USEPA with respect to such wells and monitoring activities and copies of any written coII1II1unications received by the Declarant from DOE, USEPA or any other governmental authority over such wells (as the case may be, an "Environmental Authority") with respect to such wells or test results. If an Environmental Authority orders, or indicates in writing that it may order, the installation of additional monitoring wells on the Property, the Declarant shall give the owner of the Property written notice thereof as soon thereafter as is reasonably possible. So long as the proposed locations of such additional wells and the manner of their installation shall not unreasonably interfere with either the business operations on the Property or the planned development or redevelopment of the Property, the owner or owners of the Property shall not unreasonably withhold consent to the installation of such additional wells. Notwithstanding the foregoing, if the owner or owners of the Property reasonably believes that the location of such additional wells will interfere with either said owner's business operations on the Property, or the planned development or redevelopment of the Property, said owner reserves the right to contest the particular location of any such wells, and with respect to such contest, the owner or owners of the Property shall hold the Declarant free and harmless with respect thereto. Such contest shall be conducted by advising the Declarant of such objections. The Declarant Lots shall provide such objections to the Environmental Authority and the Declarant and the owner or owners of the Property shall be entitled to provide representatives who shall be present when such objections are discussed with the Environmental Authority. Upon the installation of such additional wells, the Plan shall be amended to indicate their locations by an amendment to this Declaration that shall be recorded in the Records and the easement reserved to the Declarant pursuant to this paragraph shall be deemed to apply to such additional wells, Both the Declarant and the ''DOE" may enter the Property for the purpose of investigating or remediating any hazardous substance or dangerous waste (as such terms are used in applicable law) or other substance regulated or governed by any law related to the protection of the environment or of human health, which substance is discovered after the date hereof to exist on or below the surface of the Property, or migrating on or below the surface of the Property, as the result of prior operations by Declarant on or in the vicinity of the Property, PROVIDED that any damage to improvements on the Property caused by Declarant in conducting such investigation and remediation efforts shall be repaired by Declarant at its sole cost and expense, and PROVIDED FURTHER that the foregoing does not apply to claims against DOE, which claims the owner of the Property shall pursue against DOE directly. 4. ENFORCEMENT AND OTHER MATIERS. The Declarant shall have the right to enforce this Declaration by obtaining injunctive relief and/or by other lawful means. However, Declarant shall not have any lien rights (other than as a judgment lienor in consequence of a suit or action to enforce Declarant's rights hereunder) or security interests in and to the Property arising from the provisions of this Declaration, or any breach thereof or otherwise pursuant to any applicable laws in connection with the enforcement of this Declaration. Renton Lakeshore Landing CCRs (Closing) 20041226 Page 7 of 15 20041228001811 .ooa 4 .. 1 Constructive Notice and Acceptance Every Person who now or hereafter owns or acquires any right, title or interest in or to any portion of the Property is and shall be conclusively deemed to have consented and agreed to every covenant, condition, restriction and provision contained in this Declaration, whether or not any reference to this Declaration is contained in the instrument by which such Person acquired an interest in the Property. 4.2 Declarant's Rights Under Other Documents Nothing herein contained shall prejudice or diminish in any way Declarant's rights under any other documents that have been or that may be subsequently recorded against all or any portions of the Property. 4.3 Notices Except as otherwise expressly provided in this Declaration or required by law, all notices, consents, requests, demands, approvals, authorizations and other communications provided for herein shall be in writing and shall be deemed to have been duly given if and when personally served or seventy-two (72) hours after being sent by United States first class mail, postage prepaid, to the Owner of the Property at the Property and to the Declarant at Boeing Realty Corporation, 22833 S.E. Black Nugget Road, MC 7W-60, Issaquah, WA 98027,Atttention: Vice President Development, Phone No. 425-373-7550. With respect to (i) any such notice, consent, request, demand, approval, authorization or communication and (ii) any document or instrument given or made available to any Owner hereunder and which might concern an Occupant of such Owners' Lot, it shall be the sole responsibility of such Owner (but in no event the responsibility of the Declarant) to make a copy thereof available in a timely manner to such Occupant. 4.4 No Waiver The failure to enforce any provision of this Declaration shall not constitute a waiver of the right to thereafter enforce such provjsion or the right to enforce any other provision hereof. 4.5 Effect of Invalidation Each covenant, condition and restriction of thls Declaration is intended to be, and shall be construed as, independent and severable from each other covenant, condition and restriction. If any covenant, condition or restriction of this Declaration is held to be invalid by any court, the invalidity of such covenant, condition or restriction shall not affect the validity of the remaining covenants, conditions and restrictions hereof. Renton Lakeshore Landing CCRs (Closing) 20041226 Page 8 of 15 200412!88B I 8T 1 .889 4.6 No Discriminatory Restrictions No Owner or Occupant shall execute or cause to be recorded any instrument that imposes a restriction upon the sale, leasing, or occupancy of his Lot on the basis of race, sex, marital status, national ancestry, color or religion. 4. 7 Cumulative Remedies Each remedy provided for in this Declaration shall be cumulative and not exclusive. The failure to exercise any remedy provided for in this Declaration shall not constitute a waiver of such remedy or of any other remedy provided herein or therein. 4. 8 Attorneys' Fees and Costs If any Person commences litigation for the judicial interpretation or enforcement hereof, or for damages for the breach hereof the prevailing party shall be entitled to its reasonable attorneys' fees and court and other costs incurred. 4.9 Estoppel Certificates At any time and from time to time within twenty (20) days after written notice or request by an Owner, Declarant at no cost or expense to the requesting party shall execute and deliver to any mortgagee, ground lessee or purchaser of the Property a statement certifying that this Declaration is unmodified and in full force and effect or if there have been modifications that it is in full force and effect as modified in the manner specified in the statement and that among other things reasonably requested there exists no default under this Declaration other than as may be specified therein. If Declarant fails to deliver any such statement within twenty (20) days after written notice or request by an Owner, and if Declarant further fails to deliver such statement within ten (10) days after a second written request from an Owner (which second written request shall specifically refer to the deemed estoppel under this sentence) then it shall be conclusively deemed that there exists no default under this Declaration on the part of said Owner. 5. GENERAL PROVISIONS. a. Runs with Land. The burden and benefits of the covenants, conditions, easements and restrictions contained herein with respect to the Property, shall run with the land described in Exhibit A . The burdens and benefits of the covenants, conditions, easements, and restrictions contained herein with respect to the Retained Property, shall run with the land described in Exhibit B, PROVIDED that for so long as The Boeing Company is the owner of any part of the Retained Property, The Boeing Company shall have the sole right to amend, modify, and enforce this Declaration. Renton Lakeshore Landing CCRs (Closing) 20041226 Page 9 of 15 20041228001871.010 b. Headings . Paragraph, Section and Article headings, where used in this Declaration, are inserted for convenience only and are not intended to be a part hereof or in any way to define, limit or describe the scope and intent of the particular provisions to which they refer. c. Law. This Declaration shall be interpreted and enforced pursuant to the laws of the State of Washington, without reference to its choice of law rules. d. Severability. If any term or provision of this Declaration or the application thereof to any person or circumstances shall to any extent be invalid and unenforceable, the remainder of this Declaration or the application of such term or provision to persons or circumstances other than those as to which it is invalid or unenforceable, shall not be affected thereby, and each term and provision of this Declaration shall be valid and shall be enforced to the extent permitted by law. e. Construction. This Declaration shall be liberally construed in order to effectuate its purposes. f. Singular Includes Plural. Whenever the context of this Declaration requires, the singular shall include the plural, and vice versa, and the masculine shall include the feminine and the neuter, and vice versa. IN WITNESS WHEREOF, Declarant has duly executed this Declaration as of the day and year first hereinabove set forth. THE BOEING COMP ANY By: Title: Authorized Signatory Renton Lakeshore Landing CCRs {Closing) 20041226 Page10of15 20041228001871.011 STATE OF WASHINGTON } } ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that the person appearing before me and making this acknowledgment is the person whose true signature appears on this document. On this 27th day of December, 2004 before me personally appeared Colette M. Temmink, to me known to be the Authorized Signatory of the corporation that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. written. WITNESS my hand and official seal hereto affixed the day and year first above -~.Y-t?i:~ Notary Public ~d for the State of Washington Residing at . ~~ 1 ~{}_, My commission expires:=J9: !J ,,,__S--u,,;a.-r, J, . a,rn s-,.,o--c.--r1,-er [Type or Print Notary Name] Renton Lakeshore Landing CCRs (Closing) 20041226 Page 11 of 15 EXHIBIT A LEGAL DESCRIPTION Of Property 200412280018/1.012 Lots 1, 2, 3, and 4, Boeing Lakeshore Landing, a Binding Site Plan, recorded under Recording No. 20041223000856. Situate in the City of Renton, County of King, State of Washington. Renton Lakeshore Landing CCRs (Closing) 20041226 Page 12 of 15 Parcel: 7223000105 EXHIBITB LEGAL DESCRIPTION Of Retained Property 20041228001871.013 1·2 4 &RENTON FARM ACREAGE ADDALL LOTS 1 & 2 BLK 4 TGW VACALLEY ADJ TGW ALL LOTS 1 THRU 5 BLK 3 OF SD PLAT TGW VAC N 7TH ST(CAUFORNIA AVE) & VAC ALLEY ADJTGW POR OF NW 1/4 OF SW 1/4 OFSEC 8-23·5 OAF· E 100 FT L V N OF C/L OF SD N 7TH ST PROJ WLYLESS N 60 FTTHOF &LESSW 10 FTOF POR LY SLY OF N 300 FTTHOFALSO LESS POR DESC UNDER AUDITOR FILE #3325235 • TGW POR OF SDNW 1/4 OF SW 1/4 DAF -E 100 LY SOF C/L OF SD N 7TH ST PROJ WL YLESS S 315 FT THOF & LESS W 10 FT THOF (AKA LOT 2 OF RENTON LLA#S-88 REC #8811169001) -TGWPCL A OF RENTON SHORT PLAT #93-89REC #8911149006 SO SHORT PLAT DAF • POR OF SD NW 1/4 OF SW 1/4BAAP OF INTSN OF NLY LN OF SDSUBD WITH NLY PRODUCTION OF WLYMGN OF PARK AVE NTH SLY ALG SD MGN AS PRODUCED TAP WCH IS 715 FTN OF SLY LN OF SD SUBD & THE TPOBTH W PLT & DIST OF 715 FT N OF SLN OF SD SUBD TO NL Y PROD OF C/L OF PELLY AVE (N PELL Y ST) TH SLY ALG SD PRODUCED C/L TAP ON NL YMGN OF N 6TH ST {6TH AVE N) WCHIS 30 FT N OF C/L OF SD N 6TH STTH ELY ALG SONLY MGNTO WLY MGN OFSD PARK AVE NTHNLY ALG SO WLY MGNTO TPOB LESS$ 185 FT OF E 107.50 FT LESS RD Parcel:7223000115 3-4-5 4RENTON FARM ACREAGE ADD Parcel: 7564600055 1 THRU 12 1 &SARTORISVILLE ADDLOTS 1 & 2 OF RENTON SHORT PLAT#282-79 REC #7907109002 TGW LOTS 1 THRU 8 OF BLK 1SD SARTORISVILLE ADD LESS ST TGWW 83.5 FT OF LOT 11 SD BLK LESS N20 FT & TGW W 83.5 FT OF LOT 12 IN SD BLK TGW LOTS 1 THRU 131N BLK 11 OF RENTON FARM PLATLESS ST SD SHORT PLAT DAF ·LOTS 9·10-11-12 BLK 1 SD SARTORISVILLE ADD LESS W 83.80 FTLOT 12 AND LESS W 83.80 FTOF S 30 FT LOT 11 Parcel: 7224000880 10THRU 1710RENTON FARM PLATLESS E 90 FT OF FOLG N 30 FT LOT10 & LOTS 11 THAU 13 LESS STS TGW POR VAC ALLEY ADJOINING Parcel: 0823059152 082305 152BET AT NXN OF N LN OF NW 1/4 OFSW 1/4 WITH W LN OF PARK ST TH STO PT 715 FT N OF S LN OF SUBD TH W TO N PROD OF C/L OF PELL Y ST THS TO PT 660 FT N OF S LN OF SUBDTH W TO PT 586 FT E OF NP R/W TONXN N PROD OF MAIN ST C/L. TH S 630 FT TH W TO E LN OF NP R/WBEL T LN TH N TO N LN OF SUBD THE TO BEG LESS RD Parcel: 0823059209 PARCEL B OF CITY OF RENTONSHORT PLAT NO 93-89 RECORDING NO 8911149006 SD SHORT PLAT DAF -POR OF NW 1/4 OF SW 1/4 -BAA? OF INTSN OF NLY LN OF SD SUBWITH NL y PRODUCTION OFWLY MGNOF PARK AVE NTH SLY ALG SD MGN AS PRODUCED TAP WCH IS 715 FT NOF SLY LN OF SD SUBD & THE TPOBTH W PLT & DIST OF 715 FT N OF SLN OF SD SUBD TO NL Y PROD OF C/L OF PELL Y AVE N PELL Y ST TH SL YALG SD PRODUCED C/L TAP ON NLYMGN OF N 6TH ST 6TH AVE N WCHIS 30 FT N OF C/L OF SD N 6TH !~T TH ELY ALG SD NLY MGNTO WL Y MGN OF SD PARK AVE N THNL Y ALG SD WL Y MGN TO TPOB LESSS 185 FT OF E 107.50 FT LESS RD Renton Lakeshore landing CCRs (Closing) 20041226 Page 13 of 15 20041228001871.014 Parcel: 0823059019 082305 19PORTION OF NW 1/4 OF SW 1/4-BEGIN INTSN OF W LINE OF PARK STWITH THEN LINE OF SIXTH AYE N TH N ALONG SAID W LINE 185 FTTH WEST 107.50 FEETTH SOUTH 185 FEETTH EAST 107.50 FT TO POB LESS PORTION TO CITY OF RENTONUNDER RECORDING NO 7206090448 &NO 9406070574 Parcel:0823059187 082305 187POR OF GOV LOT 1 IN NW 1/4 OFSEC 08·23-05 TGW POR OFLAKE WASH SHORE LANDS-BEG NE COR OF GOV LOT 1 THN 88-51-05 W ALG N LNOF GOV LOT 1 & ALG WL Y PRODOF SD LN 960.01 FT MIL TO WL Y MGN OF ABANDONEDBURLINGTON NORTHERN RAILWAY R/WTH CONTG N 88·51-05 W 761.39 FTM/L TO EXISTING CONCRETE MONUMENT SD MONUMENT BEi NGAN ANGLE POINT ON NL Y LN OFSHUFFLETON STEAM PLANT PROPERTYTH N 43-06·56 W 680.06 FT M/L TO INNER HARBOR LN OF LAKEWASHINGTON SHORE LANDS THS 46-52-27 W 607.89 FTTHS 43-06-56 E 717.73 FT TO TPOB TH S 14-36-26 E 741.50 FTTAP ON NWLY MGN OF ABANDONEDBURLINGTON NORTHERN RAILWAY R/WTH S 50-51·48 W ALG SD ABANDONED R/W 129.32 FTTH N 20-38-24 W 700.81 FTTH N 46-53-04 E 215 FTTH S 43-06-56 E TO TPOB PER CITY OF RENTON LOT LINE ADJNO 004-88 RECORDING N08808309006 Parcel: 0823059204 082305 204POR BN RR 100 FT R/W IN GL 1·2-3 & NW 1/4 OF SW 1/4 OF8-23·5 & IN GL 1 & 2 OF 7- 23-5 ALL LY BTWN PROD OF N LN6THAVE N & LN EXTND SELY & RADIALLYTOTRACK C/L FR SUR STN 1068+00& LY SELY OF LN BAAP 25 FT SELY AT RIA FR SD STN TH STRAIGHT SWLYTAP 25 FT NWLY MEAS FR SELY R/WLN AT SUR STN 1074+00TH SWLY TAPON NWLY R/W LN & SEL Y OF SPUR TR STN 8+85.5 & TERM Parcel: 0823059037 082305 37N 630 FT OF S 660 FT OF NW 1/4 OFSW 1/4 LY BET CTR LNS OF PELL YAYE & MAIN ST PROD LESS RD Parcel: 0723059001 072305 1 POR OF E 1/2 OF SEC 7-23·05 L YELY OF CWW #2 & NL Y OF N 6TH STIN SE 1/4 OF SEC LESS NP R/W LESS ST TGW VAC LOGAN ST LYNWLY OF LN 30 FT NWI. Y OF GOVMDR LN TGW 2ND CL SH LOS ADJSUBJ TO TWO 20 FT R/W ESMTS & POR OF SE 1/4 OF SE 1/4 OF SECBEG NXN S MGN OF N 6TH ST WITHW MGN LOGAN AVE TH SLY ALG SDST 995.34 FT TH S 89·18-45 W TO EL V MGN CWW #2 TH N ALG SDMGN TO S MGN N 6TH ST TH E TOBEG LESS BEG NW COR THOF THSELV ALG WLY LN 328.75 FTTH N 89·45·45 E 366.34 FT TH N00-14·15 W TO S MGN N 6TH STTH W TO BEG LESS 137.70 FT THOFTGW PORS OF NW 1/4 SEC 08-23-05 & SE 1/4 SEC 06- 23-05 & SW 1/4SEC 05-23-05 L V NWLY OF NP R/W& SWLY OF LN BEG NXN WLY EXT OFN LN OF GL 1 WITH W MGN SD R/W TH W 763.39 FT TH N43·06·56 W 680.06 FT M/L TOINNER HARBOR LN TH S 46-52-27 WALG SD LN 607.89 FT TO TPOB TH S 43·06-56 E 713.87 FT TH S46-53·04 W 215 FT TH S20..38-24 W TO NWLY MGN SDNP R/W SUBJ TO SD 20 FT ESMTS LESS BN OPER STRIP ADJPOR OF SELY LN IN SD SECOS-23-0SLESS ST RD#7TGWVAC LOGAN STLYNLY OF SPUR TRACKS TGW BLK C LK WASH SH LOS 3RD SUPPL Parcel: 0723059046 072305 46BEG AT NXN OF S MGN OF 6TH AYE NWITH E MGN OF COM WW# 2 TH S13-29-00 E ALG SD E MGN 328.75 FT TH N 89·45·45 E PLL TO & 320 FTS OF 6TH AYE N 366.34 FT TH N00-14- 15 W 320 FT TO S MGN OF6TH AVE NTH S 89-45-45 W ALG SD S MGN 493.02 FT TO BEG Parcel: 0723059100 072305 100ABAND0NED RR R/W OVER E 1/20F STR 07·23·05 & W 1/2 OFSW 1/4 OF STA 08·23-05 LY BET N MGN OF NO 4TH ST & SOMGN NO 6TH ST Renton lakeshore landing CCRs {Closing) 20041226 Page14of15 BUT EXCLUDING Lots 1, 2, 3, and 4, Boeing Lakeshore Landing, a Binding Site Plan, recorded under Recording No. 20041223000856. Situate in the City of Renton, County of King, State of Washington. Renton Lakeshore Landing CCRs (Closing) 20041226 Page 15 of 15 2004122800'( 8 / 1.01! -··'. 20050401000761.001 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Douglas W. Anderson, Esq. Barack Ferrazzano Kirschbaum Perlman & N agelberg LLP · 11111111111,11111111 20050401000761 333 W. Wacker Drive, Suite 2700 Chicago, Illinois 60606 FIRST AMERICAN DT 84.00 PAGE00! OF 026 04/01/2005 11:38 KING COUNTY, WA [SPACE ABOVE LINE FOR RECORDER'S USE ONLY] . Document Title: Deed of Trust, Assignment, Security Agreement and Fixture Filing Grantor: Transwestem Harvest Lakeshore, L.L.C. ~ / S-0 ~ 3 Grantee: Bank of Amenca, N.A. ~ JST A 'll.Ar Legal Description: .t'l..l.f.11: Abbreviated Legal Description: Lots 1, 2, 3 and 4, Boeing Lakeshore Landing, BSP Recording No. 20041223000856 Full Legal Description: See Exhibit A attached Assessor's Tax Parcel Nos.: 082305-9220-05, 082305-9221-04, 082305-9011-08, 082305- 9222-03, 082305-9079-07, 082305-9204-05, 082305-9037-08, and 082305-9152-07 Reference Nos. of Documents Released or Assigned: Not applicable This Document Serves as a Fixture Filing Under the Washington Uniform Commercial Code. Debtor's Organizational Identification Number: 3901152 DEED OF TRUST, ASSIGNMENT, SECURITY AGREEMENT AND FIXTURE FILING This Deed of Trust, Assignment, Security Agreement and Fixture Filing (this "Deed of Trust") is made as of March 30, 2005, by TRANSWESTERN HARVEST LAKESHORE, L.L.C., a Delaware limited liability company ("Grantor"), whose address is 150 N, Wacker Drive, Suite 800, Chicago, Illinois 60606, as grantor, in favor of PRLAP, INC., a Washington corporation ("Initial Trustee"), whose address is P.O. Box 2240, Brea, CA 92822, as trustee, for the benefit of BANK OF AMERICA, N.A., a national banking association (together with any and all of its successors, participants and assigns, "Lender"), whose address is 231 S. LaSalle, Chicago, Illinois 60697, as beneficiary. 2.7798S_S.DOC -!- 20050401000761.002 RECITALS Grantor has requested that Lender make the Loan (as hereinafter defined) to Grantor. As a condition precedent to making the Loan, Lender has required that Grantor execute and deliver this Deed of Trust, Assignment, Security Agreement and Fixture Filing to Trustee and Lender. GRANTS AND AGREEMENTS Now, therefore, in order to induce Lender to make the Loan to Gran tor, Grantor agrees as follows: Article I Definitions As used in this Deed of Trust, the terms defined in the Preamble hereto shall have the respective meanings specified therein, and the following additional terms shall have the meanings specified: "Accessories" means all fixtures, equipment, systems, machinery, furniture, furnishings, appliances, inventory, goods, building and construction materials, supplies and other articles of personal property, of every kind and character, tangible and intangible (including software embedded therein), now owned or hereafter acquired by Grantor, which are now or hereafter attached to or situated in, on or about the Land or Improvements, or used in or necessary to the complete and proper planning, development, use, occupancy or operation thereof, or acquired (whether delivered to the Land or stored elsewhere) for use or installation in or on the Land or Improvements, and all Additions to the foregoing, all of which are hereby declared to be permanent accessions to the Land. "Accounts" means all accounts of Grantor within the meaning of the Uniform Commercial Code of the State, derived from or arising out of the use, occupancy or enjoyment of the Property or for services rendered therein or thereon. "Additions" means any and all alterations, additions, accessions and improvements to property, substitutions therefor, and renewals and replacements thereof. "Beneficiary" means Lender and its successors and assigns. "Boeing Work" means that demolition and remediation and other work undertaken by Boeing pursuant to (i) that certain Agreement of Purchase and Sale and Joint Escrow Instructions dated as of November 23, 2004, between Borrower and The Boeing Company, as supplemented by Supplemental Agreement of Purchase and Sale and Joint Escrow Instructions Agreement dated as of November 23, 2004, and (ii) that certain Demolition Agreement dated as of December 28, 2004 between Borrower and The Boeing Company. 2n985_5.D0C -2· 20050401000761.003 "Claim" means any liability, suit, action, claim, demand, loss, expense, penalty, fine, judgment or other cost of any kind or nature whatsoever. including fees, costs and expenses of attorneys, consultants, contractors and experts. "Condemnation" means any taking of title to, use of, or any other interest in the Property under the exercise of the power of condemnation or eminent domain, whether temporarily or permanently, by any Governmental Authority or by any other Person acting under or for the benefit of a Governmental Authority. · "Condemnation Awards" means any and all judgments, awards of damages (including severance and consequential damages), payments, proceeds, settlements, amounts paid for a taking in lieu of Condemnation, or other compensation heretofore or hereafter made, including interest thereon, and the right to receive the same, as a result of, or in connection with, any Condemnation or threatened Condemnation. "Contract of Sale" means any contract ~or the sale of all or any part of the Property or any interest therein, whether now in existence or hereafter executed. "Deed of Trust" means this Deed of Trust, Assignment, Security Agreement and Fixture Filing, as the same may from time to time be extended, amended, restated, supplemented or otherwise modified. "Default" means an event or circumstance which, with the giving of Notice or lapse of time, or both, would constitute an Event of Default under the provisions of this Deed of Trust. "Design and Construction Documents" means, collectively, (a) all contracts for services to be rendered, work to be performed or materials to be supplied in the development of the Land or the construction or repair of Improvements, including all agreements with architects, engineers or contractors for such services, work or materials; (b) all plans, drawings and specifications for the development of the Land or the construction or repair of Improvements; (c) all permits, licenses, variances and other rights or approvals issued by or obtained from any Governmental Authority or other Person in connection with the development of the Lan.d or the construction or repair of Improvements; and (d) all amendments of or supplements to any of the foregoing. "Encumbrance" means any Lien, easement, right of way, roadway (public or private), condominium regime, cooperative housing regime, condition, covenant or restriction (including any CC&Rs in connection with any condominium development or cooperative housing development), Lease or other matter of any nature that would affect title to the Property. "Environmental Agreement'~ means the Environmental Indemnification and Release Agreement of even date herewith by and between Grantor and Lender pertaining to the Property, as the same may from time to time be extended, amended, restated or otherwise 277985_5.DOC .3. 20050401000761.004 modified. The Environmental Agreement is one of the Loan Documents, but this Deed of Trust does not secure the obligations of Grantor under the Environmental Agreement. "Event of Default" means an event or circumstance specified in Article VI and the continuance of such event or circumstance beyond the applicable grace and/or cure periods therefor, if any, set forth in Article VI. "Expenses" means all fees, charges, costs and expenses of any nature whatsoever incurred at any time and from time to time (whether before or after an Event of Default) by Beneficiary or Trustee in making, funding, administering or modifying the Loan, in negotiating or entering into any "workout" of the Loan, or in exercising or enforcing any rights, powers and remedies provided in this Deed of Trust or any of the other Loan Documents, including reasonable attorneys' fees, court costs, receiver's fees, management fees and costs incurred in the repair, maintenance and operation of, or taking possession of, or selling, the Property. "Governmental Authority" means any governmental or quasi-governmental entity, including any court, department, commission, board, bureau, agency, administration, service, district or other instrumentality of any governmental entity. "Guarantor" means, Aslan Realty Partners IT, L.P., and its successors and assigns. "Guaranty" means the Guaranty Agreement of even date herewith executed by Guarantor for the benefit of Lender, as the same may from time to time be extended, amended, restated, supplemented or otherwise modified. "Improvements" means all on-site improvements located on the Land, together with all fixtures, and appurtenances now or later to be located on the Land and/or in such improvements; provided, however, that some or all of the Improvements is in the process of being demolished; it being the intention of Borrower to develop the Project. "Insurance Proceeds" means the insurance claims under and the proceeds of any and all policies of insurance covering the Property or any part thereof, including all returned and unearned premiums with respect to any insurance relating to such Property, in each case whether now or hereafter existing or arising. "Land" means the real property described in Exhibit A attached hereto and made a part hereof. "Laws" means all federal, state and local laws, statutes, rules, ordinances, regulations, codes, licenses, authorizations, decisions, injunctions, interpretations, orders or decrees of any court or other Governmental Authority having jurisdiction as may be in effect from time to time. 27798S_5.DOC -4, 20050401000761.00! "Leases" means all leases, license agreements and other occupancy or use agreements (whether oral or written), now or hereafter existing, which cover or relate to the Property or any part thereof, together with all options therefor, amendments thereto and renewals, modifications and guaranties thereof, including any cash or security deposited under the Leases to secure performance by the tenants of their obligations under the Leases, whether such cash or security is to be held until the expiration of the terms of the Leases or applied to one or more of the installments of rent coming due thereunder. "Lien" means any mortgage, deed of trust, pledge, security interest, assignment, judgment, lien or charge of any kind, including any conditional sale or other title retention agreement, and the filing of, or agreement to give, any financing statement under the Uniform Commercial Code of any jurisdiction. "Loan" means the loan from Beneficiary to Grantor, the repayment obligations in connection with which are evidenced by the Note. "Loan Agreement" means the Term Loan Agreement of even date herewith between Grantor and Lender which sets forth, among other things, the terms and conditions upon which the proceeds of the Loan will be disbursed, as the same may from time to time be extended, amended, restated, supplemented or otherwise modified. "Loan Documents" means this Deed of Trust, the Note, the Guaranty, the Environmental Agreement, the Loan Agreement, any Swap Contract, any application or reimbursement agreement executed in connection with any Letter of Credit, and any and all other documents which Grantor, Guarantor or any other party or parties have executed and delivered, or may hereafter execute and deliver, to evidence, secure or guarantee the Obligations, or any part thereof, as the same may from time to time be extended, amended, restated, supplemented or otherwise modified. "Note" means the Promissory Note of even date herewith in the original principal amount of Thirty Million and No/100 Dollars ($30,000,000) made by Grantor to the order of Lender, as the same may from time to time be extended, amended, restated, supplemented or otherwise modified. "Notice" means a notice, request, consent, demand or other communication given in accordance with the provisions of Section 9.8 of this Deed of Trust. "Obligations" means all present and future debts, obligations and liabilities of Grantor to Beneficiary and/or Trustee arising pursuant to, and/or on account of, the provisions of this Deed of Trust, the Note or any of the other Loan Documents, including the obligations: (a) to pay all principal, interest, late charges, prepayment premiums (if any) and other amounts due at any time under the Note; (b) to pay all Expenses, indemnification payments, fees and other amounts due at any time under this Deed of Trust or any of the other Loan Documents, together with interest thereon as herein or therein provided; (c) to pay and perfonn all 2779-&.5_5.DDC -5- 20050401000761.006 obligations of Grantor under any Swap Contract; (d) to perform, observe and comply with all of the other terms, covenants and conditions, expressed or implied, which Grantor is required to perform, observe or comply with pursuant to this Deed of Trust or any of the other Loan Documents; and (e) to pay and perform all future advances and other obligations that Grantor or any successor in ownership of all or part of the Property may agree to pay and/or perform (whether as principal, surety or guarantor) for the benefit of Beneficiary, when a writing evidences the parties' agreement that the advance or obligation be secured by this Deed of Trust; excluding, however, the debts, obligations and liabilities of Grantor under the Environmental Agreement. This Deed of Trust does not secure the Environmental Agreement, the Guaranty or any other Loan Document that is expressly stated to be unsecured. "Permitted Encumbrances" means (a) any matters set forth in any policy of title insurance issued to Beneficiary and insuring Beneficiary's interest in the Property which are acceptable to Beneficiary as of the date hereof, (b) the Liens and interests of this Deed of Trust, (c) any other Encumbrance that Beneficiary shall expressly approve in its sole and absolute discretion, as evidenced by a "marked-up" commitment for title insurance initialed on behalf of Beneficiary; (d) any rights The Boeing Company may have to enter onto the Land and to perform the Boeing Work; and (e) Leases entered into by Borrower that are otherwise permitted by the Loan Documents. "Person" means an individual, a corporation, a partnership, a joint venture, a limited liability company, a trust, an unincorporated association, any Governmental Authority or any other entity. "Personalty" means all personal property of any kind or nature whatsoever, whether tangible or intangible and whether now owned or hereafter acquired, in which Grantor now bas or hereafter acquires an interest and which is used in the construction of, or is placed upon, or is derived from or used in connection with the maintenance, use, occupancy or enjoyment of, the Property, including (a) the Accessories; (b) the Accounts; (c) all franchise, license, management or other agreements with respect to the operation of the Real Property or the business conducted therein (provided all of such agreements shall be subordinate to this Deed of Trust, and Beneficiary shall have no responsibility for the performance of Grantor's _ obligations thereunder) and all general intangibles (including payment intangibles, trademarks, trade names, goodwill, software and symbols) related to the Real Property or the operation thereof; (d) all sewer and water taps, appurtenant water stock or water rights, allocations and agreements for utilities, bonds, letters of credit, pennits, certificates, licenses, guaranties, warranties, causes of action,-judgments, Claims, profits, security deposits, utility deposits, and all rebates or refunds of fees, Taxes, assessments, charges or deposits paid to any Governmental Authority related to the Real Property or the operation thereof; (e) all insurance policies held by Grantor with respect to the Property or Grantor's operation thereof; and (f) all money, instruments and documents (whether tangible or electronic) arising from or by virtue of any transactions related to the Property, and all deposits and deposit accounts of Granter with Beneficiary related to the Property, including any such deposit account from -6- 20050401000761.007 which Grantor may from time to time authorize Beneficiary to debit and/or credit payments due with respect to the Lo~n; together with all Additions to and Proceeds of all of the foregoing. "Proceeds" when used with respect to any of the Property, means all proceeds of such Property, including all Insurance Proceeds and all other proceeds within the meaning of that tenn as defined in the Uniform Commercial Code of the State. "Property" means the Real Property and the Personalty and all other rights, interests and benefits of every kind and character which Grantor now has or hereafter acquires in, to or for the benefit of the Real Property and/or the Personalty and all other property and rights used or useful in connection therewith, including all Leases, all Rents, all Condemnation Awards, all Proceeds, and all of Grantor's right, title and interest in and to all Design and Construction Contracts, and all Contracts of Sale. "Property Assessments" means all Taxes, payments in lieu of taxes, water rents, sewer rents, assessments, condominium and owner's association assessments and charges, maintenance charges and other governmental or municipal or public or private dues, charges and levies and any Liens (including federal tax liens) which are or may be levied, imposed or assessed upon the Property or any part thereof, or upon any Leases or any Rents, whether levied directly or indirectly or as excise taxes, as income taxes, or otherwise. "Real Property" means the Land and Improvements, together with (a) all estates, title interests, title reversion rights, remainders, increases, issues, profits, rights of way or uses, additions, accretions, servitudes, strips, gaps, gores, liberties, privileges, water rights, water courses, alleys, passages, ways, vaults, licenses, tenements, franchises, hereditaments, appurtenances, easements, rights-of-way, rights of ingress or egress, parking rights, timber, crops, mineral interests and other 1ights, now or hereafter owned by Grantor and belonging or appertaining to the Land or Improvements; (b) all Claims whatsoever of Grantor with respect to the Land or Improvements, either in law or in equity, in possession or in expectancy; and (c) all estate, right, title and interest of Granter in and to all streets, roads and public places, opened or proposed, now or hereafter adjoining or appertaining to the Land or Improvements. "Rents" means all of the rents, royalties, issues, profits, revenues, earnings, income and other benefits of the Property, or arising from the use or enjoyment of the Property, including all such amounts paid under or arising from any of the Leases and all fees, charges, accounts or other payments for the use or occupancy of rooms or other public facilities within the Real Property. "State" means the state in which the Land is located. "Swap Contract" means any agreement relating to any transaction that is a rate swap, basis swap, forward rate transaction, commodity swap, commodity option, equity or equity index swap or option, bond, note or bill option, interest rate option, forward foreign exchange 211985_5.DOC -7. 20050401000761.00E transaction, interest cap, collar or floor transaction, currency swap, cross-currency rate swap, swap option, currency option or any other similar transaction (including any option to enter into the foregoing) or any combination of the foregoing, and, unless the i::ontext otherwise clearly requires, any form of master agreement published by the International Swaps and Derivatives Association, Inc., or any · other master agreement, entered into between Beneficiary (or its affiliate) and Grantor (or its affiliate) in connection with the Loan, together with any related schedules and confirmations, as amended, supplemented, superseded or replaced from time to time, relating to or governing any or all of the foregoing, but only if the Swap Contract is evidenced by a writing reciting that it is secured by this Deed of Trust. "Taxes" means all taxes and assessments, whether general or special, ordinary or extraordinary, or foreseen or unforeseen, which at any time may be assessed, levied, confirmed or imposed by any Governmental Authority or any community facilities or other private district on Grantor or on any of its properties or assets or any part thereof or in respect of any of its franchises, businesses, income or profits. "Transfer" means any direct or indirect sale, assignment, conveyance or transfer, whether made voluntarily or by operation of Law or otherwise, and whether made with or without consideration. "Trustee" means the Initial Trustee or its successor in trust who may be acting under and pursuant to this Deed of Trust from time to time. Article II Granting Clauses; Condition of Grant Section 2.1 Conveyances and Security Interests. In order to secure the prompt payment and performance of the Obligations, Grantor (a) hereby irrevocably and unconditionally grants, conveys, transfers and assigns to Trustee, in trust, for the benefit of Beneficiary, with power of sale and right of entry and possession, all estate, right, title and interest that Grantor now has or may later acquire in and to the Real Property; (b) grants to Beneficiary a security interest in the Personalty; (c) assigns to Beneficiary, and grants to Beneficiary a security interest in, all Condemnation Awards and all Insurance Proceeds; and (d) assigns to Beneficiary, and grants to Beneficiary a security interest in, all of Grantor's right, title and interest in, but not any of Grantor's obligations or liabilities under, all Design and Construction Documents, and all Contracts of Sale. All Persons who may have or acquire an interest in all or any part of the Property will be deemed to have notice of, and will be bound by, the terms of the Obligations and each other agreement or instrument made or entered into in connection with each of the Obligations. Such terms include any provisions in the Note, the Loan Agreement or any Swap Contract which provide that the interesrrate on one or more of the Obligations may vary from time to time. 1n985_5.DOC -8- 20050401000761.00! GRANTOR REPRESENTS AND WARRANTS THAT THE REAL PROPERTY CONVEYED BY THIS DEED OF TRUST IS NOT USED PRINCIPALLY FOR AGRICULTURAL PURPOSES. Section 2.2 Absolute Assignment of Leases and Rents. In consideration of the making of the Loan by Beneficiary to Grantor and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor absolutely and unconditionally assigns the Leases and Rents to Beneficiary. This assignment is, and is intended to be, an unconditional, absolute and present assignment from Grantor to Beneficiary of all of Grantor's right, title and interest in and to the Leases and the Rents and not an assignment in the nature of a pledge of the Leases and Rents or the mere grant of a security interest therein'. So long as no Event of Default shall exist, however, Grantor shall have a license (which license shall terminate automatically and without notice upon the occurrence of an Event of Default) to collect, but not prior to accrual, all Rents. Grantor agrees to collect and hold all Rents in trust for Beneficiary and to use the Rents for the payment of the cost of developing, operating and maintaining the Property and for the payment of the other Obligations before using the Rents for any other purpose. Section 2.3 Security Agreement, Fixture Filing and Financing Statement. This Deed of Trust creates a security interest in the Personalty, and, to the extent the Personalty is not real property, this Deed of Trust constitutes a security agreement from Grantor to Beneficiary under the Uniform Commercial Code of the State. In addition to all of its other rights under this Deed of Trust and otherwise, Beneficiary shall have all of the rights of a secured party under the Uniform Commercial Code of the State, as in effect from time to time, or under the Uniform Commercial Code in force from time to time in any other state to the extent the same is applicable Law. This Deed of Trust shall be effective as a financing statement filed as a fixture filing with respect to all fixtures included within the Property and is to be filed for record in the real estate records of each county where any part of the Property (including such fixtures) is situated. This Deed of Trust shall also be effective as a financing statement with respect to any other Property as to which a security interest may be perfected by the filing of a financing statement and may be filed as such in any appropriate filing or recording office. The respective mailing addresses of Grantor and Beneficiary are set forth in the opening paragraph of this Deed of Trust. A carbon, photographic or other reproduction of this Deed of Trust or any other financing statement relating to this Deed of Trust shall be sufficient as a financing statement for any of the purposes referred to in this Section. Grantor hereby irrevocably authorizes Beneficiary at any time and from time to time to file any initial financing statements, amendments thereto and continuation statements as authorized by applicable Law, reasonably required by Beneficiary to establish or maintain the validity, perfection and priority of the security interests granted in this Deed of Trust. Section 2.4 Reconveyance of Deed of Trust and Termination of Assignments and Financing Statements. If and when Grantor has paid and performed all of the Obligations, Trustee, upon request by Beneficiary, will provide a reconveyance of the Property from the lien of this Deed of Trust and termination statements for filed financing statements, if any, to 2779R5_5.D0C -9- 20050401000761.010 Grantor. Grantor shall be responsible for the recordation of such reconveyance and the payment of any recording and filing costs. Upon the recording of such reconveyance and the filing of such termination statements, the absolute assignments set forth in Section 2.2 shall automatically terminate and become null and void. Article III Representations and Warranties Grantor makes the following representations and warranties to Beneficiary: .-Section 3.1 Title to Real Property. Grantor (a) owns foe simple title to the Real Property, (b) owns all of the beneficial and equitable interest in and to the Real Property, and (c) is lawfully seized and possessed of the Real Property. Grantor has the right and authority to convey the Real Property and does hereby convey the Real Property with general warranty. The Real Property is subject to no Encumbrances other than the Permitted Encumbrances. Section 3.2 Title to Other Property. Grantor has good title to the Personalty, and the Personalty is not subject to any Encumbrance other than the Permitted Encumbrances. None of the Leases, Rents, Design ·and Construction Documents, and Contracts of Sale are subject to any Encumbrance other than the Permitted Encumbrances. Section 3.3 Property Assessments. The Real Property is assessed for purposes of Property Assessments as a separate and distinct parcel from any other property, such that the Real Property shall never become subject to the Lien of any Property Assessments levied or assessed against any property other than the Real Property. Article IV Affirmative Covenants Section 4.1 Obligations. Grantor agrees to promptly pay and perform all of the Obligations, time being of the essence in each case. Section 4.2 Property Assessments; Documentary Taxes. Grantor (a) will promptly pay in full and discharge all Property Assessments, and (b) will furnish to Beneficiary, upon demand, the receipted bills for such Property Assessments prior to the day upon which the same shall become delinquent. Property Assessments shall be considered delinquent as of the first day any interest or penalty commences to accrue thereon. Grantor will promptly pay all stamp, documentary, recordation, transfer and intangible taxes and all other taxes that may from time to time be required to be paid with respect to the Loan, the Note, this Deed of Trust or any of the other Loan Documents. Section 4.3 Permitted Contests. Grantor shall not be required to pay any of the Property Assessments, or to comply with any Law, so long as Grantor shall in good faith, and at its cost and expense, contest the amount or validity thereof, or take other appropriate action with respect thereto, in good faith and m an appropriate manner or by appropriate 277985_5.DOC -10- 20050401000761.011 proceedings; provided that (a) such proceedings operate to prevent the collection of, or other realization upon, such Property Assessments or enforcement of the Law so contested, (b) there will be no sale, forfeiture or loss of the Property during the contest, ( c) neither Beneficiary nor Trustee is subjected to any Claim as a result of such contest, and (d) Granter provides assurances satisfactory to Beneficiary (including the establishment of an appropriate reserve account with Beneficiary) of its ability to pay such Property Assessments or comply with such Law in the event Granter is unsuccessful in its contest. Each such contest shall be promptly prosecuted to final conclusion or settlement, and Granter shall indemnify and save Beneficiary and Trustee harmless against all Claims in connection therewith. Promptly after the settlement or conclusion of such contest or action, Granter shall comply with such Law and/or pay and discharge the amounts which shall be levied, assessed or imposed or detennined to be payable, together with all penalties, fines, interests, costs and expenses in connection therewith. Section 4.4 Compliance with Laws. Granter will comply with and not violate, and cause to be complied with and not violated, all present and future Laws applicable to the Property and its use and operation. Lender acknowledges that the Boeing Work is being completed by The Boeing Company. Section 4.5 Intentionally Deleted. Section 4.6 Additions to Security. All right, title and interest of Grantor in and to all Improvements and Additions hereafter constructed or placed on the Property and in and to .any Accessories hereafter acquired shall, _without any further deed of trust, conveyance, assignment or other act by Grantor, become subject to the Lien of this Deed of Trust as fully and completely, and with the same effect, as though now owned by Granter and specifically described in the granting clauses hereof. Grantor agrees, however, to execute and deliver to Trustee and/or Beneficiary such further documents as may be required by the terms of the Loan Agreement and the other Loan Documents. Section 4.7 Subrogation. To the extent permitted by Law, Beneficiary shall be subrogated, notwithstanding its release of record, to any Lien now or hereafter existing on the Property to the extent th.at such Lien is paid or discharged by Beneficiary whether or not from the proceeds of the Loan. This Section shall not be deemed or construed, however, to obligate Beneficiary to pay or discharge any Lien. Section 4.8 Leases. (a) Without the prior written consent of Beneficiary, Grantor shall not enter into any Lease with respect to all or any portion of the Property that would cause Grantor to violate any provision of the Loan Agreement. (b) Neither Trustee nor Beneficiary shall be obligated to perfonn or discharge any obligation of Grantor under any Lease. The assignment of Leases provided for 2779&5_5.DOC .]]. 20050401000761.012 in this Deed of Trust in no manner places on Beneficiary or Trustee any responsibility for (i) the control, care, management or repair of the Property, (ii) the carrying out of any of the terms and conditions of the Leases, (iii) any waste committed on the Property, or (iv) any dangerous or defective condition on the Property (whether known or unknown). (c) No approval of any Lease by Beneficiary shall be for any purpose other than to protect Beneficiary's security and to preserve Beneficiary's rights under the Loan Documents, and no such approval shall result in a waiver of a Default or Event of Default. Section 4.9 Insurance. Granter will at all times keep the Property insured in the manner and to the extent required in the Loan Agreement. In addition, if the area where the Property is located is now or in the future designated as a special flood hazard area pursuant to the Flood Disaster Protection Act of 1973 (as amended), and if the community where the Property is located is participating in the National Flood Insurance Program, Granter will obtain and continuously maintain a National Flood Insurance Program Standard Flood Insurance Policy or equivalent covering the Property. Beneficiary may, from time to time, require such additional insurance as Beneficiary may determine is reasonably necessary to protect Beneficiary's Lien hereunder or to assure repayment of all the Obligations. Section 4. 10 Insurance/Condemnation Proceeds. All Insurance/Condemnation Awards will be paid to Beneficiary for application to the Obligations in the manner and to the extent provided in the Loan Agreement. · Section 4. 11 Beneficiary's Right to Cause Performance of Covenants. If Granter fails to maintain any insurance and pay the premiums for insurance as required in Section 4.9, to pay all taxes, penalties, assessments, charges, and claims as required in Sections 4.2 and 4.3, or if Grantor fails to keep or perform any of Grantor's other covenants herein, Beneficiary may obtain such insurance, pay such taxes, penalties, assessments, charges, or claims, or cause such other covenants to be performed. Grantor will pay to Beneficiary on demand all amounts paid by Beneficiary for the foregoing and the amount of all expenses incurred by Beneficiary in connection therewith, together with interest thereon from the date when incurred. Such amounts and interest are secured by this Deed of Trust, which creates a Lien in the Property prior to any right, title, interest, lien, or claim in or upon the Property subordinate to the Lien of this Deed of Trust. Any such payments by Beneficiary will not be deeined a waiver of any Default. Beneficiary is not obligated to exercise Beneficiary's rights under this Section and is not liable to Gran tor for any failure to do so. Article V Negative Covenants Section 5.1 Encumbrances. Granter will not permit any of the Property to become subject to any Encumbrance other than the Permitted Encumbrances. Within thirty (30) days after the filing of any mechanic's lien or other Lien or Encumbrance against the Property, Grantor will promptly discharge the same by payment or filing a bond or otherwise as 2779&5_5.DOC -12- 20050401000761.01: permitted by Law. So long as Beneficiary's security has been protected by the filing of a bond or otherwise in a manner satisfactory to Beneficiary in its sole and absolute discretion, Grantor shall have the right to contest in good faith any Claim, Lien or Encumbrance, provided that Grantor does so diligently and without prejudice to Beneficiary or delay in completing construction of the Improvements. Grantor shall give Beneficiary Notice of any default under any Lien and Notice of any foreclosure or threat of foreclosure with respect to any of the Property. Section 5.2 Transfer of the Property. Grantor will not Transfer, all or any part of the Property (except for certain Transfers of the Accessories expressly pennitted in this Deed of Trust). Tlie Transfer of any of the general partnership interest in Grantor, if Grantor is a general partnership, or the Transfer of any membership interests in Grantor which would result in Transwestem Lakeshore, L.L.C. having less than 51 % of the membership interest in Grantor (whether in one or more transactions during the term of the Loan) shall be deemed to be a prohibited Transfer of the Property. Section 5.3 Intentionally Deleted. Section 5.4 Additional Improvements. Grantor will not construct any Improvements other than those presently on the Land and those described in the Loan Agreement without the prior written consent of Beneficiary. Grantor will complete and pay for, within a reasonable time, any Improvements which Grantor is permitted to construct on the Land. Grantor will construct and erect any permitted Improvements (a) strictly in accordance with all applicable Laws and any private restrictive covenants, (b) entirely on lots or parcels of the Land, (c) so as not to encroach upon any easement or right of way or upon the land of others, and (d) wholly within any building restriction and setback lines applicable to the Land. Section 5.5 Restrictive Covenants, Zoning, etc. Without the prior written consent of Beneficiary, Grantor will not initiate, join in, or consent to any change in, any restrictive covenant, easement, zoning ordinance, or other public or private restrictions limiting or defining the uses which may be made of the Property. Grantor (a) will promptly perform and observe, and cause to be performed and observed,· all of the terms and conditions of all agreements affecting the Property, and (b) will do or cause to be done all things necessary to preserve intact and unimpaired any and alt easements, appurtenances and other interests and rights in favor of, or constituting any portion of, the Property. Article VI Events of Default The occurrence or happening, from time to time, of any one or more of the following shall constitute.an Event of Default under this Deed of Trust: 277985_:5 DOC ~ 13- 20050401000761.014 Section 6.1 Payment Obligations. Borrower fails to (i) make any payment of principal or interest under the Note within ten (10) days after the date when due, or (ii) comply with any other covenant contained in this Agreement to pay money, and does not cure that failure within fifteen (15) days after written notice from Lender. Section 6.2 Transfers. Grantor Transfers, all or any part of the Property (except for Transfers of the Accessories expressly permitted under this Deed of Trust). The Transfer of any membership interests in Gtantor which would result in Transwestern Lakeshore, L.L.C. having less than 51 % of the membership interest in Grantor (whether in one or more transactions during the term of the Loan) shall be deemed to be a prohibited Transfer of the Property constituting an Event of Default. Section 6.3 Other Obligations. Grantor fails to promptly perform or comply with any of the Obligations set forth in this Deed of Trust (other than those expressly described in other Sections of this Article VI), and such failure continues uncured for a period of thirty (30) days after Notice from Beneficiary to Grantor, unless (a) such failure, by its nature, is not reasonably capable of being cured within such period, and (b) within such period, Grantor commences to cure such failure and thereafter diligently prosecutes the cure thereof, and (c) Grantor causes such failure to be cured no later than ninety (90) days after the date of such Notice from Beneficiary. Section 6.4 Event of Default Under Other Loan Documents. An Event of Default (as defined therein) occurs under the Note or the Loan Agreement, or Grantor or Guarantor fails to promptly pay, perform, observe or comply with any obligation or agreement contained in any of the other Loan Documents (within any applicable grace or cure period). Section 6.5 Change in Zoning or Public Restriction. Any material change in any zoning ordinance or regulation or any other public restriction is enacted, adopted or implemented that limits or defines the uses which may be made of the Property such that the present or intended use of the Property, as specified in the Loan Documents, would be in violation of such zoning ordinance or regulation or public restriction, as changed. Section 6.6 Intentionally Deleted. Section 6.7 Default Under Other Llen Documents. A default occurs under any other mortgage, deed of trust or security agreement covering the Property. Section 6.8 Execution; Attachment. Any execution or attachment is levied against any of the Property, and such execution or attachment is not set aside, discharged or stayed within sixty (60) days after the same is levied. 177985_S.DOC Article VII Rights and Remedies -14- 20050401000761.015 Upon the happening of any Event of Default, Beneficiary, or Trustee at the direction of Beneficiary, shall have the right, in addition to any other rights or remedies available to Beneficiary under any of the Loan Documents or applicable Law, to exercise any one or more of the following rights, powers or remedies: Section 7.1 Acceleration. Beneficiary may accelerate all Obligations under the Loan Documents whereupon such Obligations shall become immediately due and payable, without notice of default, notice of acceleration or intention to accelerate, presentment or demand for payment, protest, notice of protest, notice of nonpayment or dishonor, or notices or demands of any kind or character, all of which are hereby waived by Grantor. Section 7.2 Appraisal; Inspection. Beneficiary may pay such sums as may be necessary to obtain a current appraisal of the Real Property and/or other Property, to inspect and test the Real Property and /or other Property, to pay any tax, assessment, insurance premium, lien, encumbrance or other charge· against the Property, to obtain a title report and/or Trustee's sale guaranty, all such expenditures to be paid by Grantor on demand and added t.o the Obligations. Section 7.3 Exercise of Legal Rights; Foreclosure: Power of Sale. Beneficiary may exercise any one or more of its rights and remedies under the Loan Documents and applicable law including, without limitation, foreclosure of this Deed of Trust judicially as a mortgage or non-judicially pursuant to the power of sale granted herein. Trustee may sell the Property in its entirety or in parcels, and by one or by several sales, as deemed appropriate by Trustee in its sole and absolute discretion. 1f Trustee chooses to have more than one foreclosure sale, Trustee may cause the foreclosure sales to be held simultaneously or successively, on the same day, or on such different days and at such different times as Trustee may elect. Trustee shall receive and apply the proceeds from the sale of the Property, or any portion thereof, in accordance with applicable Law. Grantor and the holder of any subordinate lien or security interest with actual or constructive notice of this Deed of Trust waive any equitable, statutory or other right to require marshalling of assets or to direct the order in which the Property will be sold. Section 7.4 Collection of Rents. Upon the occurrence of an Event of Default, the license granted to Grantor to collect the Rents shall be automatically and irrunediately revoked, without further notice to or demand upon Grantor. Beneficiary may, but shall not be obligated to, perform any or all obligations of the landlord under any or all of the Leases, and Beneficiary may, but shall not be obligated to, exercise and enforce any or all of Grantor's rights under the Leases. Without limitation to the generality of the foregoing, Beneficiary may notify the tenants under the Leases that all Rents are to be paid to Beneficiary, and following such notice all Rents shall be paid directly to Beneficiary and not to Grantor or any other Person other than as directed by Beneficiary, it being understood that a demand by Beneficiary on any tenant under the Leases for the payment of Rent shall be sufficient to warrant payment by such tenant of Rent to Beneficiary without the necessity of further consent by Grantor. Grantor hereby irrevocably authorizes and directs the tenants under the 211985_5.DOC ·15· 20050401000761.016 Lease to pay all Rents to Beneficiary instead of to Grantor, upon receipt of written notice from Beneficiary, without the necessity of any inquiry of Grantor and without the necessity of determining the existence or non-existence of an Event of Default. Grantor hereby appoints Beneficiary as Grantor's attorney-in-fact with full power of substitution, which appointment shall talce effect upon the occurrence of an Event of Default and is coupled with an interest and is irrevocable prior to the full and final payment and performance of the Obligations, in Grantor's name or in Beneficiary's name: (a) to endorse all checks and other instruments received in payment of Rents and to deposit the same in any account selected by Beneficiary; (b) to give receipts and releases in relation thereto; (c) to institute, prosecute and/or settle actions for the recovery of Rents; (d) to modify the terms of any Leases including terms relating to the Rents payable thereunder; (e) to cancel any Leases; (f) to enter into new Leases; and (g) to do all other acts and things with respect to the Leases and Rents which Beneficiary may deem necessary or desirable to protect the security for the Obligations. Any Rents received shall be applied first to pay all Expenses and next in reduction of the other Obligations. Granter shall pay, on demand, to Beneficiary, the amount of any deficiency between (i) the Rents received by Beneficiary, and (ii) all Expenses incurred together with interest thereon as provided in the Loan Agreement and the other Loan Documents. Section 7 .5 Taking Possession or Control of the Property. As a matter of right without bond and without regard to the adequacy of the security, and to the extent permitted by Law without notice to Grantor, Beneficiary shall be entitled, upon application to a court of competent jurisdiction, to the immediate appointment of a receiver for all or any part of the Property and the Rents, whether such receivership may be incidental to a proposed sale of the Property or otherwise, and Granter hereby consents to the appointment of such a receiver and agrees that such receiver shall have all of the rights and powers granted to Beneficiary pursuant to Section 7.4. In addition, to the extent permitted by Law, and with or without the appointment of a receiver, or an application therefor, Beneficiary may (a) enter upon, and talce possession of (and Granter shall surrender actual possession of), the Property or any part thereof, without notice to Grantor and without bringing any legal action or proceeding, or, if necessary by force, legal proceedings, ejectment or otherwise, and (b) remove and exclude Grantor and its agents and employees therefrom. Section 7.6 Management of the Property. Upon obtaining possession of the Property or upon the appointment of a receiver as described in Section 7.5, Beneficiary, Trustee or the receiver, as the case may be, may, at its sole option, (a) malce all necessary or proper repairs and Additions to or upon the Property, (b) operate, maintain, control, malce secure and preserve the Property, and (c) complete the construction of any unfinished Improvements on the Property and, in connection therewith, continue any and all outstanding contracts for the erection and completion of such Improvements and malce and enter into any further contracts which may be necessary, either in their or its own name or in the name of Granter _(the costs of completing such Improvements shall be Expenses secured by this Deed of Trust and shall accrue interest as provided in the Loan Agreement and the other Loan Documents). Beneficiary, Trustee or such receiver shall be under no liability for, or by reason of, any such taking of possession, entry, holding, removal, maintaining, operation or mns_;.ooc . ] 6- 20050401000761.017 management, except for gross negligence or willful misconduct. The exercise of the remedies provided in this Section shall not cure or waive any Event of Default, and the enforcement of · such remedies, once commenced, shall continue for so Jong as Beneficiary shall elect, notwithstanding the fact that the exercise of such remedies may have, for a time, cured the original Event of Default. Section 7.7 Uniform Commercial Code. Beneficiary may proceed under the Uniform Commercial Code as to all or any part of the Personalty, and in conjunction therewith may exercise all of the rights, remedies and powers of a secured creditor under the Uniform Commercial Code. Upon the occurrence of any Event of Default, Grantor shall assemble all of the Accessories and make the same available within the Improvements. Any notification required by the Uniform Commercial Code shall be deemed reasonably and properly given if sent in accordance with the Notice provisions of this Deed of Trust at least ten (10) days before any sale or other disposition of the Personalty. Disposition of the Personalty shall be deemed commercially reasonable if made pursuant to a public sale advertised at least twice in a newspaper of general circulation in the community where the Property is located. It shall be deemed commercially reasonable for the Trustee to dispose of the Personalty without giving any warranties as to the Personalty and specifically disclaiming all disposition warranties. Alternatively, Beneficiary may choose to dispose of some or all of the Property, in any combination consisting of both Personalty and Real Property, in one sale to be held in accordance with the Law and procedures applicable to real property, as permitted by Article 9 of the Uniform Commercial Code. Grantor agrees that such a sale of Personalty together with Real Property constitutes a commercially reasonable sale of the Personalty. Section 7.8 Application of Proceeds. Unless otherwise required by applicable Law, all proceeds from the sale of the Property or any part thereof pursuant to the rights and remedies set forth in this Article Vil and any other proceeds received by Beneficiary from the exercise of any of its other rights and remedies hereunder or under the other Loan Documents shall be applied first to pay all Expenses and next in reduction of the other Obligations, in such manner and order as Beneficiary may elect. Section 7.9 Cumulative Remedies; No Waiver. To the fullest extent allowed by Law, all of Beneficiary's and Trustee's rights and remedies specified in the Deed of Trust or in any o.ther · of the Loan Documents are cumulative, not mutually exclusive and not in substitution for any rights or remedies available at law or in equity. Without waiving its rights in the Property, Beneficiary may proceed against Grantor, any other Person obligated to pay or perform the Obligations or against any other security or guaranty for the Obligations, in such order or manner as Beneficiary may elect. Beneficiary's failure to exercise or enforce any of its rights or remedies in the Event of Default shall not constitute a waiver or cure of such Event of Default, or of any subsequent Event of Default, or of Beneficiary's rights or remedies with respect to such Default. 277985_5.DOC Article VIII Trustee -17- 20050401000761.018 Section 8.1 Liability of Trustee. Trustee shall have no liability or responsibility for, and make no warranties in connection with, the validity or enforceability of any of the Loan Documents or the description, value or status of title to the Property. Trustee shall be protected in acting upon any notice, request, consent, demand, statement, note or other paper or document believed by Trustee to be genuine and to have been signed by the party or parties purporting to sign the same. Trustee shall not be liable for any error of judgment, nor for any act done or step taken or omitted, nor for any mistakes of Jaw or fact, nor for anything which Trustee may do or refrain from doing in good faith, nor generally shall Trustee have any accountability hereunder except for willful misconduct or gross negligence. The powers and duties of Trustee hereunder may be exercised through such attorneys, agents or servants as Trustee may appoint, and Trustee shall have no liability or responsibility for any act, failure to act, negligence or willful conduct of such attorney, agent or servant, so long as the selection was made with reasonable care. In addition, Trustee may consult with legal counsel selected by Trustee, and Trustee shall have no liability or responsibility by reason of any act or failure to act in accordance with the opinions of such counsel. Trustee may act ·hereunder and may sell or otherwise dispose of the Property or any part thereof as herein provided, although Trustee has been, may now be or may hereafter be, an attorney, officer, agent or employee of Beneficiary, in respect of any matter or business whatsoever. Trustee, however, shall have no obligation to sell all or any part of the Property following an Event of Default or to take any other action authorized to be taken by Trustee hereunder except upon the demand of Beneficiary. Section 8.2 Indemnification of Trustee. Granter agrees to indemnify Trustee and to hold Trustee harmless from and against any and all Claims and Expenses directly or indirectly arising out of or resulting from any transaction, act, omission, event or circumstance in any way connected with the Property or the Loan, including but not limited to any Claim arising out of or resulting from any assertion or allegation that Trustee is liable for any act or omission of Granter or any other Person in connection with the ownership, development, financing, operation or sale of the Property; provided, however, that Grantor shall not be obligated to indemnify Trustee with respect to any Claim arising solely from the gross negligence or willful misconduct of Trustee. The agreements and indemnifications contained in this Section shall apply to Claims arising both before and after the repayment of the Loan and shall survive the repayment of the Loan, any foreclosure or deed in lieu thereof and any other action by Trustee to enforce the rights and remedies of Beneficiary or Trustee hereunder or under the other Loan Documents. Section 8.3 Substitution of Trustee: Multiple Trustees. Beneficiary shall have, and is hereby granted with warranty of further assurances, the irrevocable power to appoint a new or replacement or substitute Trustee. Such power may be exercised at any time without notice, without cause and without specifying any reason therefor, by filing for record in the office where this Deed of Trust is recorded a Notice of Substitution of Trustee. The power of appointment of a successor Trustee may be exercised as often as and whenever Beneficiary may choose, and the exercise of the power of appointment, no matter how often, shall not be an exhaustion thereof. Upon the recordation of such Notice of Substitution of Trustee, the Z779S5 _5.D0C -18- 20050401000761.01 S Trustee so appointed shall thereupon, without any further act or deed of conveyance, become fully vested with identically the same title and estate in and to the Property and with all the rights, powers, trusts and duties of its predecessor in the trust hereunder with like effect as if originally named as Trustee hereunder. Whenever in this Deed of Trust reference is made to Trustee, it shall be construed to mean each Person appointed as Trustee for the time being, whether original or successor in trust. All title, estate, rights, powers, trusts and duties granted to Trustee shall be in each Person appointed as Trustee so that any action hereunder by any Person appointed as Trustee shall for all purposes be deemed to be, and as effective as, the action of all Trustees. Article IX Miscellaneous Section 9.1 Rights, Powers and Remedies Cumulative. Each right, power and remedy of Beneficiary or Trustee as provided for in this Deed of Trust, or in any of the other Loan Documents or now or hereafter existing by Law, shall be cumulative and concurrent and shall be in addition to every other right, power or remedy provided for in this Deed of Trust, or in any of the other Loan Documents or now or hereafter existing by Law, and the exercise or beginning of the exercise by Beneficiary or Trustee of any one or more of such rights, powers or remedies shall not preclude the simultaneous or later exercise by Beneficiary or Trustee of any or all such other rights, powers or remedies. Section 9.2 No Waiver bv Beneficiary or Trustee. No course of dealing or conduct by or among Beneficiary, Trustee and Grantor shall be effective to amend, modify or change any provisions of this Deed of Trust or the other Loan Documents. No failure or delay by Beneficiary or Trustee to insist upon the strict performance of any term, covenant or agreement of this Deed of Trust or of any of the other Loan Documents, or to exercise any right, power or remedy consequent upon a breach thereof, shall constitute a waiver of any such term, covenant or agreement or of any such breach, or preclude Beneficiary or Trustee from exercising any such right, power or remedy at any later time or times. By accepting payment after the due date of any of the Obligations, neither Beneficiary nor Trustee shall be deemed to waive the right either to require prompt payment when due of all other Obligations, or to declare an Event of Default for failure to make prompt payment of any such other Obligations. Neither Gran tor nor any other Person now or hereafter obligated for the payment of the whole or any part of the Obligations shall be relieved of such liability by reason of (a) the failure of Beneficiary to comply with any request of Granter or of any other Person to take action to foreclose this Deed of Trust or otherwise enforce any of the provisions of this Deed of Trust, or (b) any agreement or stipulation between any subsequent owner or owners of the Property and Beneficiary, or (c) Beneficiary's extending the time of payment or modifying the terms of this Deed of Trust or any of the other Loan Documents without first having obtained the consent of Grantor or such other Person. Regardless of consideration, and without the necessity for any notice to or consent by the holder of any subordinate Lien on the Property, Beneficiary may release any Person at any time liable for any of the Obligations or any part of the security for the Obligations and may extend the time of payment or otherwise modify the 2779E5,...S.D0C -19- 20050401000761.020 terms of this Deed of Trust or any of the other Loan Documents without in any way impairing or affecting the Lien of this Deed of Trust or the priority of this Deed of Trust over any subordinate Lien. The holder of any subordinate Lien shall have no right to terminate any Lease regardless of whether or not such Lease is subordinate to this Deed of Trust Beneficiary may resort to the security or collateral described in this Deed of Trust or any of the other Loan Documents in such order and manner as Beneficiary may elect in its sole discretion. Section 9.3 . Waivers and Agreements Regarding Remedies. To the full extent Grantor may do so, Gran tor hereby: (a) agrees that it will not at any time plead, claim or take advantage of any Laws now or hereafter in force providing for any appntisement, valuation, stay, or extension, and waives and releases all rights of valuation, appraisement, stay of execution, extension and notice of election to accelerate the Obligations; (b) waives all rights to a marshalling of the assets of Granter, including the Property, or to a sale in the inverse order of alienation in the event of a foreclosure of the Property, and agrees not to assert any right under any Law pertaining to the marshalling of assets, the sale in inverse order of alienation, the exemption of homestead, the administration of estates of decedents, or other matters whatsoever to defeat, reduce or affect the right of Beneficiary under the terms of this Deed of Trust to a sale of the Property without any prior or different resort for collection, or the right of Beneficiary to the payment of the Obligations out of the proceeds of sale of the Property in preference to every other claimant whatsoever; (c) waives any right to bring or utilize any defense, counterclaim or setoff, other than one which denies the existence or sufficiency of the facts upon which any foreclosure action is grounded. If any defense, counterclaim or setoff, other than one permitted by the preceding clause, is timely raised in a foreclosure action, such defense, counterclaim or setoff shall be dismissed. If such defense, counterclaim or setoff is based on a Claim which could be tried in an action for money damages, such Claim may be brought in a separate action which shall not thereafter be consolidated with the foreclosure action. The bringing of such separate action for money damages shall not be deemed to afford any grounds for staying the foreclosure action; and (d) waives and relinquishes any and all rights and remedies which Granter may have or be able to assert by reason of the provisions of any Laws pertaining to the rights and remedies of sureties. Section 9.4 Successors and Assigns. All of the grants, covenants, terms, provisions and conditions of this Deed of Trust shall run with the Land and shall apply to and bind the successors and assigns of Grantor (including any permitted subsequent owner of the Property), and inure to the benefit of Beneficiary, its successors and assigns and to the successors in trust of Trustee. 2779&5_5.DOC -20- 20050401000761.021 Section 9.5 No Warranty by Beneficiary or Trustee. By inspecting the Property or by accepting or approving anything required to be observed, performed or fulfilled by Grantor or to be given to Beneficiary or Trustee pursuant to this D~ of Trust or any of the other Loan Documents, Beneficiary and Trustee shall not be deemed to have warranted or represented the condition, sufficiency, legality, effectiveness or legal effect of the same, and such acceptance or approval shall not constitute any warranty or representation with respect thereto by Beneficiary or Trustee. Section 9.6 Amendments. This Deed of Trust may not be modified or amended except by an agreement in writing, signed by the party against whom enforcement of the change is sought. Section 9. 7 Severability. In the event any one or more of the provisions of this Deed of Trust or any of the other Loan Documents shall for any reason be held to be invalid, illegal or unenforceable, in whole or in part or in any other respect, or in the event any one or more of the provisions of the Loan Documents operates or would prospectively operate to invalidate this Deed of Trust or any of the other Loan Documents, then and in either of those events, at the option of Beneficiary, such provision or provisions only shall be deemed null and void and shall not affect the validity of the remaining Obligations, and the remaining provisions of the Loan Documents shall remain operative and in full force and effect and shall in no way be affected, prejudiced or disturbed thereby. · Section 9.8 Notices. All Notices required or which any party desires to give hereunder or under any other Loan Document shall be in writing and, unless otherwise specifically provided in such other Loan Document, shall be deemed sufficiently given or furnished if delivered by personal delivery, by nationally recognized overnight courier service or by certified United States mail, postage prepaid, addressed to the party to whom directed at the applicable address specified in the Preamble to this Deed of Trust (unless changed by similar notice in writing given by the particular party whose address is to be changed) or by confirmed facsimile. Any Notice shall be deemed to have been given either at the time of personal delivery or, in the case of courier or mail, as of the date of first attempted delivery at the address and in the manner provided herein, or, in the case of facsimile, upon receipt; provided that service of a Notice required by any applicable statute shall be considered complete when the requirements of that statute are met. Notwithstanding the foregoing, no notice of change of address shall be effective except upon actual receipt. This Section shall not be construed in any way to affect or impair any waiver of notice or demand provided in this Deed of Trust or in any other Loan Document or to require giving of notice or demand to or upon any Person in any situation or for any reason. Section 9.9 Rules of Construction. The words "hereof', "herein", "hereunder", "hereto", and other words of similar import refer to this Deed of Trust in its entirety. The terms "agree" and 0agreements" mean and include "covenant" and "covenants." The words "include" and "including" shall be interpreted as if followed by the words "without limitation." The headings of this Deed of Trust are for convenience of reference only and 2779B5_5.DOC -21- 20050401000761.022 shall not be considered a part hereof and are not in any way intended to define, limit or enlarge the terms hereof. All references (a) made in the neuter, masculine or feminine gender shall be deemed to have been made in all such genders, (b) made in the singular or plural number shall be deemed to have been made, respectively, in the plural or singular number as well, ( c) to the Loan Documents are to the same as extended, amended, restated, supplemented or otherwise modified from time to time unless expressly indicated otherwise, (d) to the Land, Improvements, Personalty, Real Property or Property shall mean all or any portion of each of the foregoing, respectively, and (e) to Articles or Sections are to the respective Articles or Sections contained in this Deed of Trust unless. expressly indicated otherwise. Any term used or defined in the Uniform Commercial Code of the State, as in effect from time to time, which is not defined in this Deed of Trust shall have the meaning ascribed to that term in the Uniform Commercial Code of the State. If a term is defined in Article 9 of the Uniform Commercial Code of the State differently than in another Article of the Uniform Commercial Code of the State, the term shall have the meaning specified in Article 9. Section 9.10 Governing Law. This Deed of Trust shall be construed, governed and enforced in accordance with the Laws in effect from time to time in the State. Section 9.11 Entire Agreement. The Loan Documents constitute the entire understanding and agreement between Grantor and Beneficiary with respect to the transactions arising in connection with the Loan, and supersede all prior written or oral understandings and agreements between Grantor and Beneficiary with respect to the matters addressed in the Loan Documents. In particular, and without limitation, the terms of any commitment by Beneficiary to make the Loan are merged into the Loan Documents. Except as incorporated in writing into the Loan Documents, there are no representations, understandings, stipulations, agreements or promises, oral or written, with respect to the matters addressed in the Loan Documents. Section 9.12 Partial Releases. Grantor may request that Beneficiary release the lien of this Deed of Trust from a portion of the Property by delivering to Beneficiary a written request therefor at least fifteen (15) days prior to the proposed date of such release, which request must be accompanied by a Survey which shows and legally describes the relevant portion of the Property to be released. Subject to timely receipt of the foregoing and any other informationreasonably requested by Beneficiary, Beneficiary shall request that Trustee release the lien of this Deed of Trust from the relevant portion of the Property, provided that (i) neither a Default nor an Event of Default is then continuing hereunder,· (ii) such a release and the related conveyance (x) will not materially impair the access of any unreleased portion of the Property to a public street or any utilities or unreasonably divide any portion or tract of the Property into strips or parcels, (y) will not, in Beneficiary's reasonable judgment, materially decrease the value of any unreleased portion of the Property and (z;) will occur in compliance with all requirements of the all applicable Governmental Authorities, including, without limitation, all subdivision regulations, (iii) Grantor has delivered to Beneficiary an endorsement to the Title Insurance Policy insuring the lien of this Deed of Trust which 27791::S_S.DOC -22- 20050401000761.023 confirms no change in the priority of this Deed of Trust, amount of insurance or coverage with respect to the balance of the released Property, (iv) Beneficiary has received the Release Payment (as defined below) applicable to such Property, (v) after each partial release, the loan to value ratio for the remaining parcels will not exceed 70% (based on a pro rata allocation of initial value per the appraisal received by Lender prior to closing of the Loan and showing a value of $38,300,000), and (vi) Grantor promptly pays all of Beneficiary's and Trustee's costs and expenses (including, without limitation, reasonable attorneys' fees and expenses) incurred in considering and implementing such release. Notwithstanding anything contained herein to the contrary, Lender hereby consents to the release of Lot 2 (whether partially or in its entirety), provided however, that in the event of a partial release of said Lot 2, the portion of Lot 2 that is not released shall be contiguous to the remainder of the Property. For purposes hereof, "Release Payment" shall mean an amount equal to the result derived from the following calculation: (a) 1.10 multiplied by (b) (i) the acreage of the parcel being released divided by (ii) the acreage of the Property secured by this Deed of Trust on the date hereof, multiplied by (c) $30,000,000. Release Payments may be applied first to any past due interest (i.e., interest which was not paid when due and is outstanding) on the Note, then to any unpaid costs or expenses of Beneficiary hereunder which are due but have not been paid, then to the payment of the principal balance of the Note, or in any other order of application of the foregoing as Beneficiary shall determine, in its sole and absolute discretion. ORAL AGREEMENTS OR ORAL COMMITMENTS TO LOAN MONEY, EXTEND CREDIT OR TO FORBEAR FROM ENFORCING A DEBT ARE NOT ENFORCEABLE UNDER \VASHINGTON LAW. Grantor has· caused this Deed of Trust to be executed as of the day and year first written above. 2779&5_5.DOC -23- 2779SS_H)0C GRANTOR: TRANSWESTERN HARVEST LAKESHORE, L.L.C., a Delaware limited liability company BY~~-1---1--1-------l'~~~~~~- Name'-+--+-~~n~r~a~=;.e~S~.~B~e~iIB,:___~ Managing Director Title _____________ _ -24- 20050401000761 .024 20050401000761.025 STATE OF ILLINOIS ) ) ss. COUNTY OF COOK ) On this 3'.)+r, day of March, 2005, before me, the undersigned, a Notary Public in and for the State of Illinois, duly commissioned and sworn personally appeared b::nri~ S. D? i I c:... , known to me to be the authorized signatory of TRAN~ STERN HARVEST LAKESHORE, L.L.C., a Delaware limited liability company, the limited liability company that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said limited liability company, for the pw:poses therein mentioned, and on oath stated that he/she was authorized to execute said instrument I certify that I know or have satisfactory evidence that the person appearing before me and making this acknowledgment is the person whose true signature appears on this document. WITNESS my hand and official seal hereto affixed the day and year in the certificate above written. 2n98S_5.DOC ~tLt/JVl~. Sigtiature Leah lCL<jl 6 r 1{)001e... Print Name NOTARY PUBLIC in and for the State of Illinois. My commission expires t+ la:,/ u r -25- 200504010007S1 .026 EXHIBIT A Legal Description Lots 1, 2, 3 and 4, Boeing Lakeshore Landing, a Binding Site Plan, recorded under Recording No. 20041223000856. Situate in the City of Renton, County of King, State of Washington -26- < ._ 20060421000735.001 RETURN ADDRESS: 111111111111111~111 20060421000735 Puget Sound Energy, Inc. Attn: ROW Department -Craven PO BOX 90868 EST -06W BelJeVtJe, WA 98009-0868 ORIGINAL REFERENCE#: ~~llefO~~ II~ EAS 33. 01 04/21/2008 18:27 KING COUNTY, w:i EASEMENT GRANTOR: Transwestem Harvest Lakeshore, LLC, a Delaware Limited Liability Company GRANTEE: PUGET SOUND ENERGY, INC. SHORT LEGAL: Lots 1, 2, 3 and 4 Boeing Lakeshore Landing, recording number20041223000856 ASSESSOR'S PROPERTY TAX PARCEL: 088660-001 O; 068660..0020; 088660-0030; 088660~040 , Depuly For and in consideration of One Dollar ($1.00) and other valuable consideration !n hand paid, Transwestem Harvest Lakeshore, LLC, a Delaware Limited Uabillty Company ("Granter" herein), hereby conveys and warrants to PUGET SOUND ENERGY, INC., a Washington Corporation {*GranteEt herein), for the purposes hereinafter set forth, a nonexclusive perpetual easement over, under, along across and through the following described real property rProperty" herein) in King County, Washington: Lots 1, 2, 3 and 4 Boeing Lakeshore Landing, a binding site plan, recorded under King County Recording Number 20041223000856 Except as may be otherwise set forth herein Grantee's rights shall be exercised upon that portion of the Property ("Easement Area" herein) described as follows: AN EA.sEME~T AREA 10 FEET IN WIDTH HAVING 5 FEET OF SUCH WIDTH ON EACH SIDE OF A CENTERLINE DESCRIBED AS FOLLOWS: THE CENTERLINE OF GRANTEE'S FAClLmES AS NOW CONSTRUCTED, TO BE CONSTRUCTED, EXTENDED OR RELOCATED LYING WITHIN rne ABOVE DESCRIBED PARCEL. THIS EASEMENT DESCRIPTION MAY BE SUPERSEDED AT A LATER DATE WITH A SURVEYED DESCRIPTION PROVIDED AT NO COST TO GRANTEE. 1. Purpose. Grantee shalt have the right to construct. operate, maintain, repair, replace, improve, remove, enlarge, and use the easement area for one or more utility systems for purposes of transmission, distribution and sale of gas and electricity, Such system may include, but are not limited to: Underground facilities. P!pes, pipelir,es, mains, laterals, conduits. regulators and feeders for g1;1s; conduits. Jines, cables, vaults, switches and transformers for electricity: fiber optic cable and other lines, cables ancl focilities for communications; semi-buried or ground-mounted facllllies and pads, manholes, meters, fixtures, attachments and any and all other facilities or appurtenances necessar; or convenient to any or all of the foregoing. Fo!lowing the Initial construction of all or a portion of its systems, Grantee may, from time to time, construct such additional facilities as it may require for such systems. Grantee shall have the right of access to the Easement Area over and across the Property to enabre Grantee to exercise its rights hereunder. Grantee shall compensate Grantor for any damage to the Property caused by the exercise of such right of access by Grantee. 2. Easement Area Clearing and Maintenance. Grantee shall have the right to cut, remove and dispose of any and all brush, trees or other vegetation in the Easement Area. Grantee shall also have the right to control, on a continuing basis and by any prudent and reasonable means, the establishment and growth of brush, trees or other vegetation in the Easement Area. 3. Grantor's Use of Easement Ar.ea. Grantor reser.,es the right_to use the.Easem_ent._Area fo_r any purpose not inq>nsis_tent with the rights. herejn ~rt1e~;-iP.rrivid-0d;'!,b_(?~e),'pJfGr:antor' shan· nOt cci'n."struci or maintaln aoy building$, s:t_ructures.or_o~er-objects.ori the ·easement Araa'c:l.hd' Granto{ shall do no blasting within 300 1eet of Grantee's facilities without Grantee's prior 'Wfitten consent. 4. Indemnity. Grantee agrees to indemnify Grantor from and against liability incurred by Grantor as a result of Grantee's negligence in the exercise of the rights herein granted to Grantee, but nothing herein sha!I require Grantee to indemnify Grantot for that portion of any such liability attributable to the negligence of Grantor or the negligence of others. Lakeshore Landing ~ As/Built REDT: 56$66 Aprll 2006 Page1of2 20060421000735.002 5. Abandonment. The rights herein granted shall continue until such time as Grantee ceases to use the Easement Area for a period of five (5) successive yearo, in which event, this easement shall terminate and aU rights hereunder, and any improvements remaining In the Easement Area, shall revert to or otherwise become the property of Grantor; provided, however, that no abandonment shall be deemed to have occurred by reason of Grantee's failure to inltla!ly Install Its systems on the Easement Area within any period of time from 1he date hereof. 6. Successora and Assfgns. Grantee shaD have the right to assign, apportion or otherwise transfer any or a!I of its rights, benefits, privileges and interests arising in and under this easement Without limlting the generality of the foregoing, the rights and obligations of the parties shall inure to the benefit of and be binding upon their respective successorn and assigns. DATED this / •.J-1'" day of tt;) 2006. GRANTOR (Transwestem Harvest Lakesho~ C, a Delaware Umlled Llablllty Company): By: Harvest Lakeshore, Ltd., a Texas limited partnership, Mgr. By: Harvest Lakeshore Partners, LLC, a Texas limited liability company BY:~ El[otB.Barnett Its: Manager STATEDF_Jq.==11.>~--- COUNTYDF ~las ) )ss ) On this lif-"1. day of "' , 2005, before me, the un®ri>lgnei~ Public in and for the State of Texas, duly co m ssioned and sworn, personally appeared UiH' , to me known to be the person who sign s ~ . , of Transwestem Harvest Lakeshore, LLC, a Delaware Limited Uability Compan~orporation that executed the within and foregoing instrument, ancl acknowledged said instrument to be his/her free and voluntary act and deed and the free and voluntary act and \. dJ_e<l of Transwestem Harvest Lakeshore for the uses and purposes therein mentioned; and on oath stated that ~ was authorized to execute the said Instrument on behalf of said Delaware Limited Llabl!Ety Company. IN WITNESS WHEREOF I have hereunto set my han an L.M, HOLMES lakeshore landing· As/Built REDT: 56866 Aprif 2006 (Sig at (Print or stamp name of Notary) NOTARY PUBLIC in and for the State of _______ , residing at __ ~~----- My Appointment Expires: _______ _ Page2of2 20060718000190.00' Return Address: City Clerk's Office City of Renton 1055 South Grady Way Renton, WA 98055 HIIIIIIHIIIII I 20060718000190 CITY OF RENTON PREL 34.00 PAGE001 OF 003 07/IB/2005 0B:59 KING COUNTY, WR PARTIAL RELEASE OF EASEMENT Property Tax Parcel Number: 088660-0020; 088660-0030 Project File#: RE-04-001 Street Intersection: Garden Ave N btwn N 8th St & Park Ave N Reference Number(s) of Documents assigned or released: 8805190541. Grantor(s): Grantee(s): 1. City of Renton, a Municipal Corporation 1. The Boeing Company, a Delaware Corporation 2. Transwestern Harvest Lakeshore, a Delaware Limited Liability Company The Grantor is the owner of an easement acquired from IBE BOEING COMPANY, a Delaware Comoration, acting through its division, BOEING COMMERCIAL AIRPLANES dated on May 2, I 988 , as recorded under King County Recording Number 8805190541 of King County, State of Washington. The CITY OF RENTON does hereby abandon and release all rights acquired under a portion of the above referenced utilities easement, said portion being described as follows: An easement for ingress, egress, and waterline utilities, over, under. across or upon and lying 7 and 1/2 feet on each side of the following described centerline, as located in the Southeast Quarter of the Northwest Quarter of Section 8, Township 23 North, Range 5 East, W.M., in the City of Renton, King County, Washington. Described as follows: Commencing at the North 00°3] '42" East along said west margin of Garden Avenue North, a distance of253.22 feet, to a point of curvature to the left; Thence northerly along said westerly margin and along said curve to the left having a radius of 850.00 feet through a central angle of 13 °29'00", an arc length of200.03 feet to the Point of Beginning for said centerline description; Thence North 89°00'00" West, a distance of 215.50 feet; Thence North 01 °00'00" East, a distance of 360.00 feet; Thence North 89°00'00" East, a distance of70.00 feet. to the terminus of said centerline description. But this release shall not impair the utilities easement rights acquired and recorded under King County Recording No. 8805190541 as to the utilities easement not hereby released. Except as explicitly released by this document, the remaining City easement rights shall remain in full force and effect. /J.C:C>G -OO 9 '.J_ - 20060718000190.00: PARTIAL RELEASE OF EASEMENT Property Tax Parcel Number: 088660-0020; 088660-0030 Pro·ect File#: RE-04-001 Street Intersection: Garden Ave N btwn N 8th St & Park Ave N Reference Number(s) of Documents a:ssigne<l or released: 880519054 l. Grantor(s): Grantee(s): I. City of Renton, a Municipal Corporation 3. The Boeing Company, a Delaware Corporation 4. Transwestem Harvest Lakeshore, a Delaware Limited Liabili Co an ' ...... ""' IN WITNESS WHEREOF, said City has caused this iostrument to be e ecuted by the Mayor ;;;;;.-.lll-,,;;k· .,. ~ t. I !J':,~;l.;;'} ., ' this /~r· dayof9<14f ,20~"7 IC . •'/,i·,·· '·· •. , MAYOR athy K~o'fl.ir <( \ '; ~J Id, ..... w ··/:: CITY CLERK Bonnie~oY) ,,··.·.~· · ·:. .,;/. ······ ... ... STATE OF WASHINGTON lss ; .... '·· .. ,,< COUNTY OF KING ) , I certify that I know or have satisfactory evidence that Kathy Keolker and Bonnie Walton are the persons who appeared before me, and said persons acknowledged that they signed this instrument, on oath stated lhat they were authorized to execute the instrument and acknowledged it as. the MAYOR, and the CITY CLERK, CITY OF RENTON, to be the free and volu ary act of such parties for the uses and purposes mentioned in the instrumcn1. ' I I I I : j 20060718000190.003 EXBIBITA \ \ J __ r __ ' ! i I . I} t 'I;) I ~ ! , .. ,_ ., J1I. 919 UilUTIES II hcirelnifter cal led 11 CrancorC,)11 1 and the CITY or REHTOH, a Hunlc:lp1l Corporation of Klr,g County, \.'11hln9ton, Mraln,fter ulled 11 Gr1nti,c11 • ~I TNEISETK: That uld Gr,ntor(s), for .ud,.j,n...eonJ.J.dai:-,a..t.JQit...oJ'--tln.-1,JJ,1Q~L..$-------------- --------------------------ptl-&-+.y-;..,...,.,.;:e•,-+Rd.-o-t-h<tf' v.a I u,ab I e cons I de r, t Ion, cJo by these presents, gral'lt, b1irg.aln, ,ell I convry, and warr.int t.into the old Crantlle, Its <..11cc.essor-s •nd .:usign1, an ean:,ncnt for publle utilities (Including water 1'nd t,ew"l!,r·) ,,..fth nccusary lp?urtenanu, over 1 through 1 •c.rou ind upon the rallowln'il de~crlb•d propHty In King County, \Juhlngton, ntHI! p1rtlcul.arly ducrlbod as foll~:n As described in Exhibit A, which is attach~d. This eusement is granteQ for the purpose of a waterline. The easement shall terminate when Grantor's or its assign's use of the water- line ends, with Granter or its assigns providing written notice of the termination to Grantee or its assigns and Grantee or its assigns executing a reconveyance of the easement to Granter or its assigns upon request by Grantor or its assig.ns. Upon such termination, Granter or its assigns shc.11 either cap the waterline and leave it in place or remove the waterline. 8!:,,'05-·'1 ':" :.:ECC• r' ?, 00 i~0541 SRSHSL ~· ,i,ot,:-1,?, /JO 11 EXC!SE TA:·; t·i1c~·'. ~::OUlRED ~y~z~~~I~~ ~?u!y po:r.ir~ fif :· :.~'..~~ f.:.(:i?:! 1::~:): .:i ·~ ! • 2EJ t:Hl ~l'(. ~D. 1rn:ott. ~1 nm UE/1-1 - JOB NO. 7115 WATERLINE EASEMfNT AN EASEMENT FOR INGRESS, EGRESS, AND WATER LI NE UT! l! Tl ES, OVER, UNDfR, ACROSS OR UPOII ANO LYING 7 & 1/2 FEE:T ON EACII SIDE OF THE FOLLOWING DESCR!llED CENTERLINE, AS LOCATED IN THE SOUTHEAST QUARTER OF THE NORTfl· WEST QUARTER OF SECTION 8, ToWNSHIP 23 NORTH, RANGE 5 EAST, W.H., IN KING tOUNTY, WASHINGTON DESCRIBED AS FCLLOWS: COMMENCING AT THE INTERSECTION OF THE NORTH MARGIN OF NORTH 8TH STREET AND THE WEST HARG!lt OF GARDEN AVENUE NORTH; THENCE NORTfl 00' 31' 12" EAST ALONG SAID WEST MARGIN OF GARDEN AVENUE HORTH, 253.22 FEET TO A POINT OF CURVATURE TD THE LEFT; THEN,.[ NORTHERLY ALONG SAID WESTERLY MARGlN ANO ALONG SAID CURVE TO TIIE LEFT HAV!NG A RADIUS OF 850.00 FEET TIIROUGll A CENTRAL ANGLE OF 13' 29' OD", AN ARC LENGTH OF 200, 03 FEET TO THE P DI HT OF BEG!UN!GN FOR SAID CENTER· LINE DESCRIPTION, THENCE NORTH 89' OD' OD" W[ST, 215.50 F[ET; THENCE NORTH 01' 00' OD" EAST, 360.00 FEET; THENCE NORTH 89' 00' DO" EAST, 70.00 FEET TO POINT "A" AIIO TIIE TERMINUS OF SAID CENTERL!IIE DESCRIPTION, TOGETflER WlTH TIIE FOLLO.HNG ADD!T!OOAL EASEMENT DESCRIBED AS FOLLOWS: BEGINIUNG AT PO!llT "A" PREVIOUSLY DESCRIBED; THENCE PROC[EDING SOUTH 01 ' DO' OD" EAST, l 7. OD FECT; THENCE SOUTH 71' OD' DO" EAST, 23.00 FEET; THENCE NORTH 78' DO' OD" EAST, 10.00 FEET M!l!E DR LESS TO THE WESTERLY RIGHT-OF-WAY OF GARDEN AVENUE NORTH. THENCE PROCEEDING ALONG SAID WESTERLY RIGHT-OF-WAY NORTH 17' 59' 39" WEST, 32 ,OD FEET; THENCE tlORTH 89' 00' DO" EAST, 22. DO fEET MORE OR LESS TO A POINT 1111 ICII BEARS NORTH 01' 00' DD" WEST, AND 7.00 FEET FROM SAID POINT "A"; THENCE SOUTH 01' OD' DO" EAST, 7.00 FEET TO POINT "A", ALL IN KING COONTY, WASHINGTON. KJV /bss EXHIBIT A - ~ ----------·------------· -----··----·-·- ..! Said heretofore rnentioned grantee, fts successors or assig~s, shill ha.ve the right~ without prior nGt1ce or proceeding at law, at such tunes as may be necessar-y to enter upon sa.fd above de!iicrtbed property for the purpose of construct- ing maintaining, repairing, a1tf::r1ng or reconstructing said utilities, or mu1ng any'connect1ons there~ith, without incurring any legal obltgat!on~ or liability thereforet provided, that such eonstruction1 ma1ntatn1ng, repa1ring, 1lter'ln9 or r~con~truction of said utf11tfes shall be accomplfshed fn such a manner that the private improvements existing 1n t~e rtght(s)-of.way shall not be disturbed or damaged, they will be reploced 1n as good , condition as they were l1M1edlately before the property was entered upon by ti'le Grantee. The Gr.ntor shall fully use and enjoy th~ aforedescribed premises, Including the right to retain the right to use the surface of said right-of-way 1f such use does not interfere with installation and mafntenance of the utilities, HoweYer, the grantor shall not erect buildings or structures over, under or across the rlght-of-'oloy during the existence of such ut 11 Hies. This easement, shall be a covenant running with the land and shall be binding on the GrafltOr1 his successors, heirs and assigns. Grantors covenant that they ffe the lawful ownc.·rs of the above properties and that they have a good and lawful right to execute this agreement. -----------------'~';eHI} BOEING COMPANY CORPORATE FORH: STATE OF Washi:.:.nge_t::;o:::n;_ __ ) COUNTY OF -'-'K.;:,i n:.:.g"------1 acting through its division BOEING COHMERCIAL AI!\PLANES By:~~~ ~of Facilities J J. els n ss rvv,....-1 ....... On this -z f-lD day of -~ , 19 ~ before me, th~ undersigned, a Notary Public in and for thes"ta"t'e of wasbt'i,!tan, duly corrmissfc,n~d and sworn persona 1 ly appeared J. J. Nelson .4,i- to me. k.~o"'!n to be the Director of Facilities of Boeing cor.unercial Airolanes, a division of The Boeing Company, the carporat1on thilt executed the for"a~ going instrument I and dcknowledged the said instrument to be the free and voluntdry act and deed of said corporation, for the uses and purpose5 therein mentioned, ar1d on oath stated thH he .4~uthorfzed to execute the sa1d iu::trument and that. the seal affixed Is the corporate seal of said corporation. W!TN£SS II\)' hand and official seal hereto afFlxed the day and year In this certiHcate above wr1tten. My commission expires: 'Sci>""P\ ~ \'l'i \, # ,;i. '1-J' £' UE/2·2 b J ' ' J ' ' • ORIGINAL t,T R'.:(.iU2~iT OF: T. J. n:c-: ·:;:; 08009 EASEMENT For and in consideration of One Dollar ($1.0V} and other valuabl~ consideration, the receipt of which is hereby acknowledged, THE BOEING COMPANY, a Delawar-e corporution, { 11 Gra.ntor" herein}, he"t"eby grants and conveys and warrants to ~UGET SOUND POWER & LIGHT COMPANY, a Washington corporation (npuget" herein), for the purposes hereinafter set forth a nonexclusive perpetual easement, over, across and under the following described real property (the "Property"}: See Exhibits C-1 through C-9 Inclusive 1. Purpose. P~get shall have the right to construct, operate, maintain, repalr, replace and enlarge an electric transrn iss ion/distribution subs tat ions and one or more ~lectric transmission and/or distribution lines, over, under, and upon Property together with all necessary or convenient apurtenances ....0 thereto, which may include but are not limited to tha following: --D 0 (') ,._ 0 N \]' Transformers, power· circuit breakers, and other electrical equipment. Concrete foundation pads. Overhead transmission and/or distribution lines including poles and/or towers with s...,itches, crossai:-ms, braces, guys and anchors. Underground transmission or distribution lines including conduits, cables, vaults, switches, and manholes. Overhead and/or unde~ground communication and signal lines. Access roads. Security fencing, retaining walls and rockeries. Landscaping and irrigation systems. Drainage and wate~ retention facilities. Control house. Fiber optics. I% EXCISE TAX NOT REQUIRED I! Kin[_Go,fecords Dir~on By .J,,/f/4 ruf __J{)·· , D<:puly 2, Clearing, Grading and Maintenance, Puget shall h~th~ right to cut and remove or otherwise dispose of any and all brush and trees presently existing upon the Property. Puget shall also have the right to control, on a continuing basis and by any prudent and reasonable means, the establishment and growth of trees, br-u5h and other vegetation upon the Property which could, in the opinion of Puget, interfere with the exercise of Puget's rights herein or create a hazard to Puget's facilities. Puget shall also have the right to excavate the property and modify the contour of the land to the limited extent necessary to constru·ct an electrical substation. 3, Compliance with Laws and Rules, Puget shall at all times exercise its rights her~1n in accordance with the requirements (as from time to time amended) and all applicable statutes, Ot"ders, rules and regulations of any public authority having ju~isdir::tion. 4. Exclusive Occupation. Puget shall have the exclusive right of occupation of the "High Siden portion of the fenced substation and no other party, including Granter, shall have the right to enter upon or occupy that portion of the substation without prior w~itten notice to and per-mission from Puget, Gr;-antor shall not grant or;-convey rights of any kind to any third party for use of the "fligh Side" without prior written approval and consent from Puget. Granter shall have the exclusive right of occupation of the "Low Side" portion of the Eenced substation and no othec-party, including Puget, shall have the right to enter upon or occupy that portion of the substation without prior written notice to and permission from Grantor, However, that in the event of an emergency requiring immediate action by Puget and/or G~antor for the protection of its facilities or other pe~sons or propec-ty, Puget and/or Granto~ may take such action upon such notice to Puget and/or Gr;'antoi:-as is -1- A, ?.SJ '10090,~ nc.o~i-1,:.J 9 DC 3552 \ l 1 } 'i F r. ., .. ,, : I ' ' ' ' .. reasonable under the circumstances. 5. Puget's Use and Activities. Puget shall exercise its rights under this Agreement so as to minimize, and avoid if reasonably possible, in terferencc with Gran tor I s use of the Pc-operty as set forth in Paragraph 6, herein. 6, Grantor's Use of the Property and Access by Gran tor During Construction. Grantor reserves t.he right to use that portion of the Property outside of the fenced Substation {the "Unfenced Area"} for any puri;>ose not inconsistent with the rights herein granted, including, but not limited to, parking and roadway. Provided, however, that Granter shall not construct or maintain any building or other structure within the Unfenced Area ar.d that no blasting shall be done within fifteen (15} feet of the Fenced Area. At no time shall Puget's access to and along the Unfenced Area be blocked off or unduly restricted. Puget shall make provisions satisfactory to Grantor for continued access by Grantor along, aver and across the Property during periods in which Puget is conducting construction or other activities. In the event of an emergency requiring immediate action by Puget and/or Granter for the protection of ita facilities or other persons or property, Puget and/or Grantor may take such action upon such notice to Puget and/or Grantor as is reasonable under the circumstances, 7. Indemnity. By accepting the recording of this easement, Puget agrees to indemnify and hold harmless Granter fro:rn any and a 11 claims for damages, expenses, actions und claims, including costs and reasona.ble attorneys 1 fees incurred by Granter in defense thereof, asserted or arising directly or indirectly on account of or out of•acts or omissions of Puget and Puget's servants, agents, employees and contractors in the exercise of the rights granted herein: PROVIDED, HOWEVER, that Pu et shall not be responsible to Grantor for an damages u ng ram lOJUr1es to any person caused y.._acts or om ssions of Grantor~ \ .,(. _____ .;.;...:..:.:.:..:...:_ __ .:_c.:..._.;.... _____ .,f.!!_,<3\i3...:;\ J '---~ B. Abandonment. The rights herein granted shall continue until such time as Puget ceases to use said property for a period of five (5) successive years, in which ever1t this easement shall terminate and all right.s hereunder shall revert to Granter, provided, that no abandonment shall be deemed to have occurred by reason of Puget's failure to initially install its facilities on the Pl:"operty within any pe~iod of time from the data hereof. 9. Notices. Notices requiced to be in writing under this Agreement shall be given as follows: To Granter: Boeing Commercial Airplane Group di11ision of To Puget: THe BO~ING COMPANY, Attention: Facilities Director Phone: 237-8381 Puget Sound Power & Light Company Renton Se~vice Center Phone: 255-2464 Notices shall be deemed effective, if mailed, upon the second day following deposit thereof in the United States Mails, postage or upon delivery thereof if otherwise given. Either party may change the addccss to which notices may be given by giving notice as above provided. 10. Access. Puget shall have the right of reasonable access to the Property over and across adjacent lands owned by Grantor to enable Puget to exercise its rights het"eunder, provided that Puget shall compensate Granter for any damage to the Property caused by the exercise of said right of access. 11. Successors and Assifins. The rights and obligations of the parties shall inure to t e benefit of and be binding upon their respective successo~s and assigns. -2- 9 DC 3532 ,> • = DATED --- PUGET, • 19_ GRANTOR: Puget Sound Power & Light Company, a Washington corporation BY: ITS: Director Real 8state STATE OF WASHINGTON) ) ss. COUNTY OF KING ) On tnis 2-7771 day of !'fr; , 197',Y-before me the undersigned personally appeared~ Jib,..*. to me known to be the ~~ //. P. ,;:ida:,,,b~ · A , resp ively, of BOE!!IG E0!!/15REL\!.M$~ '.ciiill)p, !i,:,fi,j.j_..,'.J..e7 of rHE BOEING COMPANY, the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and de~d of said corporation, for the uses and purposes therein mentioned, and on oath stated that he autho.:·ized to ex'3cute the said inst::-ument, ye~r first above STATE OF WASHINGTON) ) ss. COUNTY OF KING ) the day and n and for thm ~ residing at fd:bt.;y,AL., expires (-1:i'-7,j On this day of , 19 __ , befoce me the undersigned personally appeared to me known ta be the Director Real Estate of PUGET SOUND POWER & LIGHT COMPANY, the cor:-poration that executed the foregoing instrument, and acknowledged the said inGtrumont to be the free and voluntary act and deed of said cocporation, for the uses and purposes therein raentioned, and on oath stated that is authorized to execute the said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written. Notary Public in and for the State of Washington residing at ____ _ My commission e~pires ------- -J- 9 DC 3552 .. ' .. = ESMinc. .. ,-RECE.WE.0 11111.'i o :11991 eEC atG\NcERS - A CIVIL ENGINEERING. LAND SURVEY, ANO PROf[CT MANAGEMENT CONSULTING FIRM Boeing/Renton Easements \1ob No. 424-10-910 May 2, 1991 D.II-IUIT LEGAL DESCRIPTION FOR THE PUGE~ POWER PORTION OF SUBS1ri\TION NO. 1 That portion of the Northwest quarter of section a, Township 23 North, Range 5 East, W.M., City of Renton, King County, Washington, more particularly described as follows: COMMENCI~G at an existing monument on Park Avenue North shown as P.C. A o+oo on the 'A' Line on Sheet 2 of 5 of the Washington State Department of Highway Plans for 11 PSH 1 (SR 405) North Renton Interchange 11 as approved April 27, 1965; THENCE N 22·22 1 08 11 E, 418.34 feet to an eKisting monument shown as P.T. A 4+28.33 on said plans; THENCE S 70"58'29 11 W, 198.52 feet to the 'l'RUE POINT OF BEGINIUNG; THENCE N 10"52'5111 E, 38.84 feet; THENCE N ]9"24'56 11 w, 66.28 feet; THENCE s 87"01'57 11 w, l3. 47 feet~ THENCE s 50'44'54 11 w, 40.52 feet: THENCE s 39~19'30 11 E, 32.SO feet; THENCE s 32'09'47 11 w, 19.91 feet; THENCE s 39"19'30" E, 10.50 feet; THENCE N 50'28'3011 E, 40.51 feet to the TRUE POINT BEGINNING. containing 0.113 acres (4,943 square feet} 1 See attached Exhibit 11 A". Written by: C.A.G. Checked by: R.S.M. 18:129 941 Powt'!I A\"('l!Ue S.W, Suilt' 100 Rcmeon, W;uhinsion. 98055 OF C·l ,• - • ! I I ' . I -----· J. "" EXHIBIT "A• TO ACCOMPANY LEGAL DESCRIPTION FOR THAT PORTION OF SUBSTATION HO. 1 TO BE CONVE'IEO TO PUGET POWER A PORTION OF' lHE NW 1/4 OF SECTION B, TWP, 23 ti., RGE. 5 E .. W.M., CTTY OF REN10N, KING COUl\1Y, WASHINGTOtl D:'ISTING 7' HIGH CHAIN UNK FENCE WITH OVERHEAD am.RB WIRE AS LOCATED ON 0+-26-91 HORIZONTAL DATUM: OWNERSHIP MAPS BY HORTON DENNIS AND ASSOCIATES, !NC. FOR THE BOEING RENTON Pl.ANT FACILITIES, BOEING JOB NO. 356293, DRAWING NO. 5-0071 DA1ED MAY 12, 1980 (HOA. INC, JOB NO. HJ90) C<ISTING MONUMENT, SHOWN AS P.C. A o+oc ON 11-IE • A'" LINE ON SI-IEET 2 OF 5 OF' W.S.D.H. PI.N,IS FOR •?SIi 1 (SR ,405) NORTH RENTON INTERCHANGE" /JS APPROVED APRIL 27, 1965 JOB NO. 424-01-910 DATE : 05-02-91 DRAWN ; CAG. CHECKED : RSI,,! DRAWING NAME : EXI-I-A-D SHECT 1 OF i EXISTING MONUP.!Dn', S!-fCWN AS P.T. A ++2S.JJ ON THE • A" LINE ON SHEET 2 OF 5 OF W.S.O.H. PLAN:S FOR •psH 1 (SR '40!i) NORTH RENTON INTERCHANGE" AS APPROVED APRIL 27, 1065 ---I I I I TRUE POINT OP / / BEGINNING / /. ,:r I I f!i " I I'" !.& {; ;/ n I I I I L)\ I I I I SCALE: 1"' • 60' ESM inc. ~--------- ••1 PO',al[l.L "VOii.iE s.w~ SUITE toa FltHT'OH. ~f,ji;TON ltlSOl-5 l"HOnt'.i {:J;OO} 11.G-IMl:J;II • .... :·.: :.::.c.·.y·.::::-1 :'~.~--. !"r';S(:;:·:.;· : .-.,::· ... ; · · . ·~ .. • . . I . , ,, EXHIBIT C], PAGE l ESMinc. A. CIVIL ENGINEERING, LANO SURVEY, ANO PROJECTMi'iNAGEMENT CONSVLTlNG FIRM Boeing/Renton Easements Job No. 424-10-910 Revised May 24, 1991 LEGAL DESCRIPTION FOR THE!PUGET PORER PORT~ON OF SOBST~TION NO. 2 f.'f../HB/T C · Z That portion of the southeast quarter of section 7, Township 23 North, Range 5 East,.'·1'/,M., City of Renton, King County, Washington, more partiaddarly described as follows: COMMENCING at an existing monument on Park Avenue North shown as P.C. A o+oo on .the 'A' Line on Sheet 2 of 5 of the Washington State Department of Highway Plans for 11 :PSH 1 (SR 405) North Renton In:terchange11 as approved April 27, 1965; THENCE N 22"22'08" E, 41B,J4 feet to an existing monument shown as P.T. A 4+28.33 on said plans; THENCE S Jl.30'23 11 W, 2911.2,93 feet to the TRUE POINT OF BEGINNING; THENCE N 89.ll'59 11 w, 44i.OO feet; THENCE N 00"2?'38 11 E, 15.:.5'.l feet; THENCE S 89"32'22 11 E, 3 .• :60 feet: THENCE N 00•2?''.lB" E, 13.!Z..OO feet; THENCE S 89"42'52 11 E, ~OU50 feet; THENCE S 00"27':)8 11 W, 15%.91 feet to the TRUE POINT OF BEGINNING. Containing 0, 143 acres (6_,240 square feet), more or less. See attached Exhibit "G~ Written by: C.A.G . Checked by: R.S.M. 18,140 9-41 Powell r\v-couc S.W. S11i1c 100 lknion, w~~hingron, 9B055 f2(]6) 22s-ma -1 I , ,• • • EXHIBIT C2, PN:iE 2 EXHIBIT "G" TO ACCOMPANY LEGAi. DESCRIPTION FOR THAT PORTION OF SUBSTATION NO, 2 TO BE CONVEYED TO PUGET POWER A PORTION OF THE SE 1/4 OF SEC'TlDN 7, TWP, 23 N .. RGE.. 5 E., W.M'., CJ'N' OF' RENTON. Klr.tC COUNTY, WA.51-tlNGTON D'ISTING 7' HIGH CHAIN LINK FE'.Nct WITH OVERHEAD BAAS WIRE ON A fi WIDE CONCRETE RE:T'"1NING WALL AS LOCATED ON 05-23-91 -.,) -.,) 0 (') r-- 0 ('\J Cl' lu., 0 0 !;,'r/c.,. " ~ w :,, n ;.. N b 0 z S SS-32'2:t' E J . .SO' S 89"42'52" E 40.50' /./.·,. s:./<-~ N :, fl ~ UQ!-":, :,, n ..,,...0· ;.. N ... ~..._o b o{:;'li 0 ~ N 00"27'J8"' -'-1---"1 1 s.s3· -"-.,__,,_...,_~"'--·:.".:.o·_.,,.., N 89'11"59'" EXIS11NG MONUMENT, SHOWN AS P.C. A 0+00 ON THE • A'" LINE ON SHEET 2 OF 5 OF' w.s.n.H. PlANS FOR • PSH 1 (SR 405) NORTI-1 RENTON INTEFICHANGE"' AS APPROVEO APRfl 27, 1965 JOB NO. 42i-10-910 DATE : 05-21--91 DRAWN : C.A,G, CHECKED: RSM DRAWING NAME: : D:H-G SHEET 1 OF 1 I I EXISTING MONUMENT. SHOWN AS P.T. A 4"+28.JJi ON TI-!E .,.. LINE ON SHEET 2 OF 5 OF W,S.0.H. PLAN5 FOR • PSH 1 (SR 405) NORTH REITTON lff!ERCtwlGE' "5 APPROVED APRIL 27, 1965 I I I rnui: PO!NT OF BEG\NN!NG D SCALE: 1" • 50' I I I HORIZONTAL DATUM: OWNERSHIP MAPS BY HORTON DENNIS AND ASSOCIATES. INC, FOR TI-{!:: BOElNG R[NTON PLANT FACIUT1£S, BOElNG JOB NO, J.S629J, DRAWING NO. 5-0071 DATED MAY 12, 1980 (HOA, INC. JOB NO. 4--4390) ES1! inc. ·---------- .-1 PCYrt:u,. AVD'flJ&: ~W* rum: IOQ 11:t'<fOM, WASH>;C"TQN O~cr:I~ PHat<t: [JcaJ 2:n-6n.11 .. ' • • --,,-:::-;::~;;'jri°l EXHIBIT C3, PAGE l RECE!\!ED ESMinc. ll,/l.'I o 3 \991 \ SEC ENGINEERS -' A CIVIL ENGINEERING, LAND SURVEY, AND PROJECT MANAGEMENT CONSULTING FIRM Boeing/Renton Easements Job No. 424-10-910 May 2, 1991 £'Y,Jr/f5/T C-.J LEGAL DESCRIPTION FOR PORER LIUE EASEMENT That portion of the Northwest quarter of Section a, Township 2J North, Range 5 East, W.M., City of Renton, King county, Washington, being a 30 foot wide strip of land, lying 15 feet on each side of the following described. centerl.ir,e: COMMENCING at an existing monument on Park Avenue North shown as P.c. A o+oo on the 'A' Line on Sheet 2 of 5 of the Washington State Department of Highway Plans for "PSH 1 (SR 405) North Renton Interchange'' as approved April 27, 1965; THENCE N 22·22•os 11 E, 418.J-4 feet to an existing monument shown as P.T. A 4+2B.3J on said plans: THENCE M 86'50'43 11 W, 248.80 feet to a line which bea=s H 50•44,54 11 E, and the TRUE POINT OF BEGINNING: THENCE N 39·1s 1 06 11 w, 29.82 feet, more or less, to the Northwesterly boundary of Parcel I-80 of th~ Boeing commercial Airplane Company-Renton Plan Facility, being a line which bears N 49•53 1 02 11 E and the end of this centerline description. See attached Exhibit 11 D11 • Written by: C.A.G. checked by: R.S.M. 18: 132 'J.fl Powc-ll Avi:muc S.W. Suite 100 Ren!an, W.Js!iington, 980SS (206) 22B-S628 .• ' • . • ' ' , , • EXHIBIT "D" TO ACCOMPANY LEGAL DESCRIPTION FOR POWER EASMENT AT SUBSTATION NO. 1 A PORTIIJN OF THE NW 1/4 or SECTION 8, TWP. 23 N., RGE. 5 E •• W.11.1., C1lY OF RENTON, KING COUNTY, WASHINGTON 30' POWER OOEMENT (15' Ef\CH Sl!IE OF CENTERLINE) CL -N J9'l5'06"W 29.82' TRUE POINT OF BEGINNING EXHIBIT C3, PN,E 2 EXISTING MONUMENT, SHOWN \ AS P.T. A ,4+28..33 ON Tl-IE "A• LINE ON SHEET 2 OF' 5 OF W.S.D.H. Pt.ANS FOR -PSH l (SR 405) NORTH RENTON INTERCHANGE" AS APPRovrn APRIL 27, 1865 __!! ~0".f.J"' W 24B.BO' ----- ~ .~· ,• ".jl / EXISTING 7' HIGH CHAIN_/'" . / LINK F£NCE WITH OVERH£A0 BARB WIRE ;.s LOCATED ON 04-26-91 HORIZONT Al. DA TUM: OWNERSHIP 1#.PS BY HORTON DENNIS AND ASSOCIATES, INC. FGR rnE BOEING RENTON PWfT FACJUTit.s, BOEING JOB NO. J5629J, DRAWING NO, S-0071 DATED 'MAY 12, 1SIBO (lil'lA. INC, JOB NO, HJ90) £X1STING MONUMENT, SHOWN l<S P.C, A 0+00 ON THE • A• LINE ON SHEU 2 OF 5 Of W.S.O.H. PLANS FOR • PSH 1 (SR 405) NORTH RENTON INTERCHNIGE' AS APPROVED APRIL 27, 1965 JOB NO. -42-4-01-910 DATE : 05-02-91 DRAWN : CAG, CHECKED : RSM DAAWJNG NAME: : EXH-A-0 SHEET 1 OF 1 -- n SCALE: 1" • 50' ESY inc. , ____ .. ___ _ 0·0 POWD.1.. J,,VDIUt S..'lf .. SUITE 1QQ .. o-noH. WM•u~."OTON 11110~~ PtlON(: (:.!O~J 2l!!-31!28 .. • ,· l 1 ; • ['I.I.fl fJIT C· 4 Guy stub Anchor Easement #4 An easement for guy stub anchoring purposes over, under, and across a portion of LOt 4, Block 3, Renton Farm Acreage as recorded in Volume 12 of Plate on page 37, Records of King County, Washington, more particularly described as follows: COMMENCING at the southeast corner of said lot 4; thence North 1"05 1 34 11 East along the east line thereof 103.60 feet to the POINT OF BEGINNING; thence North 88"54 1 26" west a distance of 18,00 feet; thence North l • 05 1 34 11 East a distance of 10. 00 feet; thence south 88 • 54 1 26" East a distance of 18. 00 feet to the east line of said lot; thence South 1"05'34" West a distance of 10.00 feet to the POINT OF BEGINNING. Containing an area of 180 square feet. 91570/4 W.o. No. 9009044 ,• .. I : , , , -- N 8TH ST ' -' I I I I ~ -------~ - , I -,a\..ocY-3 '° '° 0 ('l 2 I -z 5 r-- 0 w I N Cl' > <( w r,.C'il-t-p..G • ,._ z M w r p..R\l, lo 0 I p I 0 er Rt-\'110\'I ,i/3' I z <( I c., L 'JO\.., '/-. 7. e,1..0C 3 S 88'54'26• E\ 18.00' 'b I H 01'1l5'34' £ 4 --:J; •O 10.00' . ,' d I N 88'54'~s· W 18.00' 4 "o e ,i ~ I ' 5 SCALE 1 "=50' f,h:t:f C-1 RECORD OWNER PUGET TOTAL PARCEL AREA EASEMENT AREA 180± S.F. POWER DATE WO NO: 9009044 PROPER fY MAP -EASEMENT AREA 91570/4 HAMMOND, COLLIER & WAOE -LIVINGSTONE ASSOCIATES INC. .• ' .. I ' r t:XH-/B/T C.-5 Guy Stub and Anchor Easement #5 An easement for guy stub and anchors over, under, and across a portion of lot l, Block 3, Renton Farm Acreage as recorded in Volume 12 of Plats on page 37, Records of King county, Washington, more particularly described as follows: COMMENCING at the northeast corner of said lot l; thence South 1 •05,34 11 West along the cast line thereof 48,24 feet to the POINT OF BEGINNING; thence South 95•59,06 11 West a distance of 34.15 feetJ thence South 3·00 1 54 11 East a distance of 10.00 feet: thence North es• 59 1 06 11 East a distance of 33. 44 feet to the east line of said lot 1:- thence North 1·05 1 34 11 East along the east line thereof 10.03 feet to the POINT OF BEGINNING. Containing an area of 338 square feet. 91570/ 5 W.O. No. 9009044 r l I ,, ' • : . { J , , ' . . .. -- S 89'17'25. E N 8TH ST r VACATED ol I I "I I VACATED C--,.J ~/,s~~9·06· w\ 18 _2_.._ .._ --------- S 03"00'54" E ._··:. -:.·.,:.·:, --10.0J" 10 oo· tl es·59•os· EJ ~ 1 .UH' ~ n ;,, p 0 "' r,..C'i<-t-1'-Gt. 'r r,...R"1---.[) z Rt-~-.;o\..\ :i1 -.[) e1....0C't-:, 0 'I?,. (":) u.i \JO\..· 0 -'I-. ?--I~ r- 0 I 5 e~ V 4 [\J I I (/' 2 z I w I I a a::: <t: ('.) 3 €-,:/,;/,;{ C-~-SCALE 1·~50· RECORD 01'.NER PUGET TOTAL PARCEL AREA EASEMENT AREA 338± S.F. POWER DATE WO NO: 9009044 PROPERTY MAP -EASEMENT AREA 91570/5 HAMMOND, COLLIER & WADE -LMNGSTONE ASSOCIATES, INC. - .• • I ,- 0 (\J ,)', ., cXH I 8 I T G ~ C. Guy Stub and Anchor Easement #6 An easement for guy stub and anchors over, under, and acrosG a portion of the southeast quarter of the northwest quarter of Section B, Township 23 North, ~ange 5 East 1 W.M., more particularly described as follows; COMMENCING at a point on the south line of said subdivision at the intersection of the northerly extension of the centerline oi Garden Avenue North as shown on the Plat of Renton Farm Acreage as recorded in Volwne 12 of Plats, on page 37, Records of King County, Washington; thence South 89"27 1 25 11 East along the south line of said subdivision 42.00 feet to the POINT OF BEGINNING: thence North 1"05 1 34 11 East a distance of 41.59 feet; thence south 88"54 1 26n East a distance of 10,00 feet; thence south 1 ·os 1 34" West a distance of 41. 49 feet to the south line of said subdivision; thence North 59•21 1 25" West along said south line 10.00 feet to the POINT OF BEGINNING. containing an area of 415 square feet. 91570/6 W.o. No. 9009044 -------·-----------~.~---· ........ -.---. ·.~· .. ---··-· -· .. -·-· - ' I .• ' .. • ' .. S 88"54'26"' E PORTION OF SE, NW, ID.DO' SEC. 8, T23N, R5E, WM N oro5·34· r"-.... 41.59' +. / S 01·05'34" W ·.•• 41,{9' ·,:,· ·. ·.·. 42.DC)" .. . 10.00;-- I 0 I "' N 8TH ST S 69'27'25" E I I 0 I I I "' r-,-i VACATED 30' 30' ~ ------------ ~ ,. n ;,, 1 p 0 "' 11-ti>-Gt. -r r>-r'--"" p..C ...0 ...0 z r>,.tl'\'o\\ i "':J 1 0 (") I~ '\ • I -\jQ\..· 'I-?.. ,-.... 0 I <( I 5 13\..op 4 N (J' 2 I I I z w 0 a::: <( l'.) J I •• ' • ~ .,,;,, /,; f C-{. SCALE 1"=50' RECORD OWNER PUGET TOTAL PARCEL AREA POWER EASEMENT AREA 415± S.F. I DATE WO NO: 9009044 PROPERTY MAP -EASEMENT AREA 91570/6 HAMMOND, COLLIER & WADE -Ll\'1NGST0NE ASSOCIATES, INC. .. C:.XH/13/T C-7 Power Pole and Transmission Line Easement 17 An easement for power pole and transmission line over, under, and across a portion of the Southeast quarter of the Northwest quarter of Section a, Township 2J North, Range 5 East, W.M., more particularly described as follows: BEGINNING at a point on the south line of said subdivision at the east margin of Garden Avenue North, for:merly known as Garden Streat: thence North o· 36 1 07 11 East along said east margin 253, 26 feet to a point of curve to the left of said east margin; thence North a2·07'34 11 East a distance of 18.18 feet: thence South 7•52125 11 East a distance of 259.68 feet to the south line of said subdivision: thence North 99•21 1 25u West along saitl south line 56.11 feet to the POINT OF BEGINNING. Containing an area of 9,445 square feet. 91570/7 w.o. no. 9009044 I I I I I r I .. • I "" --.[) -.[) 0 C') -r- 0 C'1 C7' PORTION OF SE, NW, SEC. B, T23N, RSE, WM 1 r N 62'07'34~ E k4 Hl.18' ·::. LIi ... -... ~ '4 w "' co ·:::: er,, I ~ ~ ::;:: Pl I :Or ij .\)'.. ~ g -: ~ ·; l:n ;, OI. z 30' 30' --------------'-.,,ii-.;;'i-1---N 8TH ST o os.11 ------- ' I ,_, 1 I ._ z ~ 2 ~ 'Z I I IW I ,_ a Cl'.'. ~ -__ ::...;.;.;_,,.c:;_.:_ _ __;_"1!._-_ ------'-----S;,,.!!B'!.9'2<,7~'2:e_S" ,_s ----~-- ) VACATED + g : ~ rf.J r-j-J ~------· __ ::::._ ·-----+--:::-_----i--_ --------+--I -----+-- ' lo£' I I \.Ji p..C\<.'c, I I \,\ t'P..~ j:// I I ~t.1-\'o "r:i'-· , i 5 4 (.'.) 3 t------1-----l--.....l 2 J---t----J.-----1 6 7 8 9 10 ,_ I SCALE 1"~100· RECORO OWNER PUGET POWER TOTAL PARCEL AREA EASEMENT AREA 9,455± S.F. OATE 91570/7 WO NO: 9009044 ' ! .. ' .. ' ' I = HAMMOND, COLLIER 8: WADE -LIVINGSTONE ASSOCIATES, INC, CONSULTING ENGINEERS Boeing/Renton Easements w.o. 9009014 April 24, 1992 CA-l+IBIT C.-8 LEGAL DESCRIPTION FOR PUGET POWER LINE, SHUFFLE1'0N STEAM PLANT PROPERTY TO BOEING f2 SUBSTATION VIA LOGAN AVENUE -.D Tl!AT PORTION OF THE NORTHWEST QUARTER OF SECTION 8 AND THE EAST HALF -..D OF SECTION 7 ALL IN TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., CITY OF O RENTON, KING COUNTY, WASHINGTON, MORE PARTICULARLY DESCRIBED AS M FOLLOWS: r- 0 A 50 FOOT STRIP OF LAND BEING 25 FEE1' ON EACH SIDE OF THE FOLLOWING N DESCRIBED CENTERLINE; CT' BEGINNING AT A POINT ON THE BOUNDARY LINE BETWEEN THE BOEING COMPANY AND PUGET SOUND POIIER AND LIGHT COMPANY; (AS ESTABLISHED BY RENTON LOT LINE ADJUSTMENT 004-88 AF NO. 8808309006 VOLUME 62, PAGE 143); DISTANT 30.91 FEET NORTH 14"36'26" liEST FROM THE NORTHWESTERLY MARGDI OF THE ABANDONED BURLINGTON NORTHERN RAILWAY RIGHT-OF-WAY; THENCE SOUTH 51.06 1 51 11 WEST 40S.46 FEET; THENCE SOUTH 40"39'41" WEST 745.15 FEET; THENCE SOUTH 0"22'48" liEST 699,24 FEET TO AN INTERSECTION WITH THE EASTERLY MARGIN OF LOGAN AVENUE; THENCE CONTINUING SOUTH 0'22'4B" WEST 12.44 FEET TO THE EAST WEST CENTERLINE OF SAID SECTION 7 DISTANT 71,15 FEET SOUTH 89"52'15" WEST FROM THE EAST QUARTER CORNER OF SAID SECTION 7 AND DISTANT 0.32 FEET SOUTH 89 • 52 1 15 11 WEST FROM THE EAST MARGIN OF LOGAN AVENUE l-ffiICH IS THE SAME AS THE WEST MARGIN OF SAID ABANDONED BURLINGTON NORTHERN llAILWAY RIGHT-OF-WAY; THENCE COtlTINUING SOUTH 0"22'48" WEST 525.59 FEET TO AN ANGLE POINT DISTANT 1.99 FEET WEST OF THE EAST MARGIN OF LOGAN AVENUE; T1-fENCE SOUTH 4•06 1 44 11 WEST 200.40 FEET; THENCE NORTH 99•00'26 11 WEST Bl. 40 FEET TO A POINT ON THE EAST LINE OF BOEING #2 SUBSTATION DISTANT 124.50 FEET NORTH OF THE SOUTHEAST CORNER OF SAID SUBSTATION SITE AND TERMINUS OF THIS CENTERLINE DESCRIPTION, EXCEPT ANY PORTION OF SAID 50 FOOT STRIP LYING WITHIN THE LOGAN AVENUE RIGHT-OF-WAY, EXP:RES 1017 / C.,l. • •• .-. -• ' ,,-. .., ~ •• ·-> ,• • I • 'c'IL.,L,t C-8 50' 7 8 ;i !!l < :,: < "' 0 _, I I I II I BOEING ez I SUBSTATION 90' N01 '00'2S"E 1026.94 SHUFfl.ETON STEAM PLANT PROPERTY ABANDONED 8.N.R.R. CD. 100 R.O.W. 2649.61 SB9'30'32"E 0-8 POWER LINE ALIGNMENT LINE I DIRECTION I DISTANCE 1 N51 '06'51 'E 405.46 2 N40'39'41'E 745.15 3 S00'22'4B'W 1237.27 4 N04'06'44"E 200.40 5 SB9'00'26"E 81.40 OPM:s l0/1/J'I. TWP. 23N., R.5E.,W.M. 1· J::r 300' RECORD OWNER BOEING COMPANY PUGET POWER TOTAL PARCEL AREA N/A EASEMENT AREA N/A DATE 4-24-92 WO NO: 90080H PROPERTY MAP -EASEMENT AREA HAMMOND, COLLIER & WADE -LIVINGSTONE ASSOCIATES, INC. ------' I i..~=====--------------·----____ .. ___ ., ... i·,·· ,~·-·.c, .. &· . '• .. --.• .. • - EASEMEN'.!' OF OVERHEAD TRANSMISSION A!ID UNDERGROUND FACILITES EXHIBI'.!' C-9 EY.cept as may b~ othsrwise set forth harein Grantee's right shall be axercised upon that portion of the Property described as follow: That por~ion of the southeast 1/4 of Section 7, Township 23N., Range s EWM., City of Renton, King County, Washington, being a portion of Government Lotz of Court Commissioners Plat as lying between the Burlington Northern Rail Road on the west; Park Ave N.on the east; and Lake Washington Blvd. on the north. Grantor grants A right of way Ten (10) feet in width having Five (5) feet of width on each side of a centerline described as follows: ....a Beginning at the most Northerly property coner of the above described .....0 property; thence Southwesterly along the Westerly property line c, thereof 400 feet; thence Easterly at a right angle to said Westerly ('"") line to the Northerly margin of Park Ave. N.; thence Northerly along t-said margin to the intersection of Garden Ave. N.; thence Northerly ~ along the North property line thereof to the point of beginning. \J"' -----------------.. .,......--,·--·-.· ___ , .. ,-_,.,. -. .. .. ·• -j ' " .. £XJJI 15/ T C • Cf J ' / DU> COll1ROt.·-..., '"'"' :,;, \ ©::i: m,·· .J, I • ' COl,NJ!O(l.t8 / • DETAIL >.14 \IMOSCll.(1 :: / ....... ·-~· PW' HO\JSE C8J ODD S11UFF"l..[T0H I t'5JV S\J!I ~-~----=- ,,r PARK AVE N. ~E..!.!!!i TO IUS.!Atl L011'(R IDrT i,r "-,,~"-I I I .,. I lO 11 :~~·ltl S.HCl CO!.t!UI f .!:! I 1£•Ct1·41N ~fat H0Dlf ~ / t[•Cll-~11•!0 OH aoct.[I < / ~Q!! TO IIJ5l~L\. R,'.u•1i1~[R 4j kl'..-[P. l!J llllLUO(• • Q / .orr-~w TTH c,~ Pvc cc .•• , / <t L~~--'-''~'~'"~·~'~''~'".:cc'~''_'_'_''_'_'_'~~ c,""/1/1 1r~t~·DEll (l<ll = . ' c:1----------- " ~ "CO· •.-· • j. • I '. When Recorded Return To: Gerald Bresslour Office of the General Counsel The Boeing Company P.O. Box 3707, MC 13-08 Seattle, Washington 98124 ·-1,1111111111111111 20041119001959 BOEING COV 28 . 00 PAG'e001 OF 010 11/19/2004 15:15 KING COUNTY, ~A DOCUMENT TITLE:Declaration of Covenants, Conditions, and Restrictions REFERENCE NUMBERS OF RELATED DOCUMENTS: GRANTORJBORROWER: The Boeing Company, Declarant GRANTEE/ASSIGNEE/BENEFICIARY: 20041119001959.001 LEGAL DESCRIPTION: Portions of the NW '14 of Section 8, T23N, R5E, Willamette Meridian, and as set out in Exhibit A, attached at page 5 ASSESSOR'S PARCEL NO(S). 0823059011, 0823059221, 0823059220, 0823059222 DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS THIS DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS (hereinafter referred to as the "Declaration") is made, granted, declared, established and reserved this 3 day of November, 2004. The Boeing Company, a Delaware corporation (hereinafter referred to as "Declarant") is the owner of certain real property legally described on Exhibit A (the "Property") attached hereto and made a part hereof, and The Declarant wishes to provide certain assurances to the City of Renton, a municipality of the State of Washington, that certain steps will be taken by the Declarant and its successors in title with respect to the treatment of surface water on the Property. NOW, THEREFORE, in consideration of the benefits to be derived hereunder, the Declarant hereby makes, grants, declares and establishes this Declaration: ', 20041119001959 .oo: 1. DEFINITIONS. a. Storm Water Code Modification Approval. The term "Storm Water Code Modification Approval" means the modifications and conditions set out by the City of Renton in a letter from Gregg Zimmerman, P.E., Administrator of the Planning/Building/Public Works Department to the attention of Mr. L. M. Babich III of the Declarant, dated April 27, 2000, and titled "Boeing Parking Lot 3B Storm Water Code Modification Approval (LUA-99-155, SA-H, ECF)", a copy of which is attached hereto as Exhibit B. b. Facilities. The term "Facilities" means the oil/water separators installed on the Property pursuant to the Storm Water Code Modification. 2. TERM. The restrictions declared, reserved, granted and established hereby shall be perpetual and continue in force until such time as the owner of the Property applies for and receives a permit to construct a building on the Property, at which time the conditions, restrictions, or mitigations imposed in connection with the issuance of such permit shall supersede this Declaration and this Declaration shall thereupon be become without further effect. This Declaration may be terminated or modified only with the consent of the owner of the Property and the City of Renton, PROVIDED that the City of Renton has agreed in the Storm Water Code Modification that certain requirements set out herein may be modified as set out in the Storm Water Code Modification. 3. PURPOSE. This Declaration is made in order to provide assurances to the City of Renton that the obligations of the Declarant set out in the Storm Water Code Modification will be binding upon the successors to the Declarant in title to the Property. 4. COVENANTS, CONDITIONS, AND RESTRICTIONS a. Covenant to Install and Maintain the Facilities. Subject to the terms and conditions of the Storm Water Code Modification, the Declarant shall install the Facilities as provided in the Storm Water Code Modification and shall maintain the Facilities as provided in the Storm Water Code Modification. b. Covenant to Provide Monthly Regenerative Sweeping of the Property. Subject to the terms and conditions of the Storm Wate{Cod~ Modification, the Declarant shall provide regenerative sweeping of the paved surface of the Property no less frequently than monthly. 2 20041119001959. oo, 5. GENERAL PROVISIONS. a. Runs with Land. The covenants, conditions, and restnct1ons contained herein, shall run with the land described in Exhibit A and shall be as binding upon future owners of the Property as and to the same extent they are binding upon the Declarant. b. Partial Invalidity. If any portion of this Declaration shall become illegal, null or void for any reason, or shall be held by any court to be so, the remaining portions hereof shall remain in full force and effect. c. Captions. The captions and section headings are inserted for convenience purposes only and shall not be used to expand or diminish the provisions hereof. d. Law. This Declaration shall be interpreted and enforced pursuant to the laws of the State of Washington, without reference to its choice of law rules. e. Severability. If any term or provision of this Declaration or the application thereof to any person or circumstances shall to any extent be invalid and unenforceable, the remainder of this Declaration or the application of such term or provision to persons or circumstances other than those as to which it is invalid or unenforceable, shall not be affected thereby, and each term and provision of this Declaration shall be valid and shall be enforced to the extent permitted by law. f. Construction. This Declaration shall be liberally construed in order to effectuate its purposes. IN WITNESS WHEREOF, the parties have duly executed this Declaration as of the day and year first hereinabove set forth. THE BOEING COMPANY T B7I: ~-,111-lk--~~ 1 t e:_-'--'A"l.lttim!lC&1M111i!lmadf-SlSltiginna1111ooi"''Jr- 3 20041119001959.004 STATE OF WASHINGTON } } ss. COUNTY OF KJNG } I certify that I know or have satisfactory evidence that the person appearing before me and making this acknowledgment is the person whose true signature appears on this document. , On this ~ay of l,fuJ,,mbi! .C 2004 before me appeared cJ'.,k&, Iv\ .ft{/yl\Vl,il\V, to me known to be thelti:Thla:l' zg,.\_,;:~~~~ci.{.,..... of the corporation that executed th~ithin and foregoing instrument, and ac wledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. WITNESS my hand and official seal hereto affixed the day and year first above written. Notary Public l!Ellit of Woshlngton ARI.ENE C RICE My ~lntment Expires Aug 15, 2008 Notary Public in and for the State ofWashingt n Residing at · My S(>fil\lliSsion expi:'.s:_j,J==µ:::.-.i,===-....,_..__. ..... _.....,_...,...._r-4 Hru J'.l'! C1 '{{ ,S:£ [Type or Print Notary Name] 4 EXHIBIT A LEGAL DESCRJPTION That portion of the Northwest Quarter of Section 8, Township 23 North, Range 5 East, W.M., described as follows: 20041119001959 .00! Commencing at the monument in case marking the intersection of Park Avenue North (also known as Secondary State Highway No. 2A) and Nortb 3th Street; thence North 00'56'42" East, along the monumented centerline of Park Avenue North, 30.02 feet to the intersection of the south line of said northwest quarter; thence South 89'28'22" East, along said south line, 56.88 feet, to the true point of beginning; Thence, continuing on said south line, South 89'28'22" East, 744.53 feet, to the westerly margin of Garden Ave. North being 60.00 feet in width; thence, along said westerly margin the following courses, North 00'29'31" East, 253.38 feet; Thence on a curve to the left, said curve having a radius of 850.00 feet, through an included angle of 18'30'00", an arc distance of 274.45 feet; Thence North 18'00'30" West, 1249.86 feet, to the intersection of the said westerly inargin of Garden Ave. North and the easterly margin of the Renton North Interchange of SR-405 as shown on sheet 2 of 5 of plans thereof as approved April 27, 1965. Thence North 46'17' 10" West, along said easterly margin, 42.25 feet. Thence South 82'05'16" West, 29.05 feet, to the a 12' strip of land dedicated as right of way in Deed filed under recording number 8811150482 Records of King County; Thence South 43'47'35" West, 136.87 feet; Thence on a curve to the left, said curve having arndius of 515.62 feet, through an included angle of 33'20'33", an arc distance of 300.06 feet; Thence North 79'32'58" West, 12.00 feet; Thence along a non-tangent curve to the left curve the radial center of which bears South 79'32' 58" East, 527.62 feet, through an included angle of 9'30'20" an arc distance of 87.53 feet; Thence North 89'03' 18" West, 5.0 feet, to the easterly margin of Park Avenue North per an unrecorded survey relating to improvements made to Park Avenue North, by the City of Renton, during construction of Park Avenue North improvements EDA Project 07-01- 03375; ( continued on next sheet) 5 Thence South 00°56'42" West, 720.24 feet; Thence South 01 '14'57" East, 52.24 feet; Thence South 00'56' 42" West, 2.00 feet; Thence South 09'35'51" West, 23.26 feet; Thence South 04'18'23" East, 16.39 feet; Thence South 02'07'58" West, 144.71 feet; Thence South 00°01'16" West, 310.15 feet; Thence South 43'58'40" East, 21.07 feet to the true point of beginning. Situate in the State of Washington, County of King, City of Renton. Containing: 22.166 acres, 965,583 sq. ft. 6 20041119001959.006 20041119001959.007 EXHIBITB TRUE COPY OF STORM WATER CODE MODIFICATION 7 20041119001959.00! :R? CITY OF RENTON Jesse Tanher, Mayor April 27, 2000 Mr. L. M. Babich m .Environmental Affairs Manager The Boeing Company P.O. Box 3707, MS 6341 Seattle, WA 98124-2207 Planning/Building/Public Works Department Gregg Zimmerman P .E., Adm!n!strator · SUBJECl':· · · ,BOEING PA!:U(INGLOT.JBSTORM.WATER CODEMODIFICATION APPROVAL (LUA-99-155,SA-H,ECF) . ... .. . Dear Mr. Babich: The Clty of Renton approves the Boeing Parking Lot 3B storm water code modification request with · conditions. We firid that the proposed code modification meets the decision criteria for Modiilcations 'required by City Code (RMC 4-9-250{d)) .. The code modification request is to provide storm water treatment through tbe use ·.of mc;intbly parking lot sweeping utilizing special street sweeper equipment; more frequent stbnn system.m;iintenancelinspection;'artd .th·e use·ofcoalescing ]'late oil/watet separators: The· approval of.the• code modification isc based.uJ1!i1ttl,i,<>'·}tifonnation submitted by the Boeing Company on January27, 2000, and pr!"'.ented, by:th~ Boeing'Comj,anji:O.( our April 24; 2000; meeting: The·code m~i.fi~;;tiqn w~ 4etei£iined 1{iri~ei;l;:i;;;,ision criteria si~ce)he proposal ;.,, .. to provide 80% Total Suspended Solids (TSS) removal. -cTh~ propos~J is to provide storm water treatment for \9.45 acres oftbe site,which.is an.area that is approxiniately' 150% largedhan the area required to be treated according to the provisions' of(he·City'fcurrent code. fa approving the code modificatiorr, tbe City also recognizes. that -the Boeing Conipany~:bas:.dedicated reso_urces to ~nsure tj)at the increased maintenartce . and iµspection will be perfortned iii.required by the Boeing Renton Plant's National Pollution. Discharge · Elimination System (NPDES) permit. The Cod~ Mo<ltiicatio~ ~,iq~~t is appro~~d w1tlhh~tii160mi "<iriditldns, I.· A minimum.· of 19.45 acres of the Boeing Park~ Lot 3B shall receive stotm w~ter treatment. The storm water treatment shall be achieved by .the following methods: 2. Parking Lot Sweeping: Parking lot sweeping shall be performed monthly through the use of an Elgin Regenerative Sweeper or Schwarze EV Sweeper only. Should the Boeing Company wish to use a different model of sweeper in the coming years, use of the new sweeper shall be subject to written ·approval of"1,e City of Renton. · 3. Catch ~asi~ Maintenance and Inspection:' All catch basins·in the· 19.45 acres of Boeing Parking Lot ·-· 3B'shall be inspected annually: ·When catch basin ·sumps ·have becomi> 30% filled '(depth ofsedimen·t · ·«qua[ to·0.3 times the distance between the bqttom of the catch basin and the invert of the catch basin) 1055 South Grady Way-Renton, Washington 98055 -- 20041119001959 .009 Mr. Babicb, Parking Lot 3B Stonn Water System April 27, 2000 . Page2 with accumulated sedimen~ the catch basin s.umps shall be cleaned out through the use of a vactor truck or other acceptable storm system cleaning methods. Standard WSDOT fype I and Type II catch basins shall be used in the construction of the parking lot stonn system. 4. Coalescing Plate Oil/Water Separators: A minimum of three (3) coalescing plate oil/water separators shall be installed to. treat 19.45 acres of the Boeing Parking Lot 3B as proposed. 5. The coalescing plate o.il/water separators shall be designed to treat the runoff from the water quality storms for basins l l, 12 and 13 equal to 1.20 cfs, I.OJ cfsand 1.48 cfs, respectively as p,oposed. 6. The coalesc~g plate oil/water separators sba!I be Facet foternatioilal, Inc., Mpaks Coalesci~g Plate Oil/Wajer.S~arators.or equal.and,.shall be sized,!,ased.upon the assumption that amaximum of,66% of the washed ~ff sediment will be removed via the separators' 7. The coalescing plate oil/water separators shall be inspected monthly or immediately following any . large spill oa the_site. · · ~"'~~~\ -;,;c,.~-.,,., '-:.:... · 8. · Th .. coalescing plate oil/wale; 4-i.rs ·~~· qe ;~ed (cleaned) quarterly (_every three . mon1:hs) or whenever one_ of~~. ~;t;t;;:~;~m:dlfion' §~. e,~ :)~ernccurs first: ·tfthere is: 1) One (I) inc{pffrl:e rl<la:ting oi); or '\,"":~,'{\ . 2) six(6J mc'heitif<Si!age,;,, tlj~,f:,(\""~"'fihe ~~afator; or · · ·. · · . M. l # f ~,J:.,;:0:i$;'>!i:~,'1}. f -,, . · 3) Sludgein;thepfatepaclci~ tYJ""!"-•::~~ · " . · ~. · .. !J +: I ~~,-:i;,11¥ l A ~ . . 9. · Inspecti~~aintenanbe i 7pqit;, ipif B~~o~;·;~all "1 mlf a r/,port an.nuaUy to tbe C}ty 1)iat summanzes ~e mo~thl_i€mspec/i9n~ !';;~epmgrftlia: Wlll'J~.'mo~ed. The r~port shalhn:,Jude results of the mspecnonqiJ~;t1l(tif\ed1ment m catch~ID SIUnE}£n1;ffepths ofml and sludge m the . coalescing plate oil/water.:v,rat~}~d note when. m~fe~O: (s'. eeping and cleaning) has ·been perfonned. The rOJ)Ort .slia:~~n§~:' tl"._C..l\lll!:!l.41,U~ ,fl'o!\ iiJ\. vendors _(sweeper,· vac:or truck operators) contracted to peifa~. swle!'~ '."1,d!ilr ci~ e catch basms and coalescmg plate oil/water· separators. Such 'doc~tjQ!' ~all blo':J, vecdor\s letterhead and shall briefly describe·the work performed, the e.gu1pmeqt'11l~4-JWl!sth·e·tlates of work. · 10. City Inspection: The Gity is autl19rized to enter the ;Boeing Parking J;,ot 3B site at any time and inspect the fad!ities to·verify th<eSeconditions are being satisfied. ' 11. Penalty: If the Boeing Co~pany demonstrates a persistent or repeated failure to comply with these conditions of the code modification; the City·ofRenton may require the Boeing Company to install additional storm water quality treatment facilities as required by City code in the Boeing Parking Lot 3B site. 12. Restrictive Covenant: A restrictive covenant sha!l be recorded against· the Boeing Parking Lot 3B property !bat lists the above conditions as restrictions against the property. The restrictive covenant shafl also provide !bat in lieu of perfonning 'tbe above conditions, any future owner of the Boeing Parking Lot 3B site may modify the site storm system as outlined in item #11 above. - Mr. Babich, Parking Lot 3B Storm Wat.er System . April 27, 2000 Page 3. 20041119001959.01 a Please notlfy me if you disagree with the conditions associated with the requested storm water code modification for the Boeing Parking Lot 3B. We will proceed with completing the project construction plan review and issuance of the construction permit if the code modification conditions are acceptable. The construction pennit will include a provision requiring the restrictive covenant to be recorded prior to completi9n of construction. Thank you . . Sincerely, ~ 1~r1.3 '11{~~!tf <tv\ Gregg.Zmimo<man;-P,E.,Admm1str;,tor :· .... Planning/Building/Public Works 20041228001864.001 ,---ReturnAddress_· 21 0 1 0 11111111111111 41228001864 Office of the General CollilSe! FIRST AMERICAN ERS 32 00 Th Bo · Co PRGE001 OF 014 · e omg mpany 12/28/2004 14:09 M/C 13-08 KING COUNTY, WR P.O. Box 3707 Seattle, WA 98124 Attn: Gerald L. Bresslour Document Title(s) (or transactions contained therein): {![) /d-9697 Water Line Easement Agreement Reference Nnmber(s) of Document, assigned or released: (on page_ ofdocuments(s)) 1ST AM:-S Grantor(s) (Last name first, then first wme and initials): The Boeing Company 0 Additional names on page_ of dOCUlllent. EJ(61Se fM N8f RE6UIREB Grantee(s) (Last name first, then first name and initials): !',.Ing~~.· U~d¢-, Deputy The Boeing Company BY: "'-- I 0 Additional names on page_ of document. Legal description (abbreviated: i.e. lot block, plat or section, township, range) Ptn of Lot 3, Boeing LakeshoreLanding, AFN 20041223000856, NW Y. S3 T23N RSE [Kl Full legal is an page _2_ of document. Assessor1s Property Tax Pared/Account Number 0823059011 [03003-0105-000000/sB043360.3 \8 l 12123/04 20041228001864.002 WATER LINE EASEMENT AGREEMENT THIS WATER LINE EASEMENT AGREE¥8NT (this "Easement Agreement") is made and entered into as ofj};,;•unk& ZS , 200 .!J.., by and between THE BOEING COMP ANY, a Delaware cm:poration, as the owner of the land described in EXHIBIT A ("Grantor''), and Tiffi BOEING COMPANY, a Delaware corporation, as the owner of the land described in EXHIBIT B ("Grantee"). RBCIT ALS: A. Grantor is the owner of that certain parcel of land located within the City of Renton (the "City"), located southeast of Lake Washington and west ofl-405 and commonly known as Boeing Lakeshore Landing (the "Servient Estate") as descnoed in EXHIBIT A attached hereto. B. Grantee is the owner ofland adjacent to the Servient Estate to the west and south (the ''Dominant Estate") as described in EXHIBIT B attached hereto. C. Grantee and the City have entered into that certain Agreement and License for Fire Main Intertie, recorded under Recording No. 9106060988. D. The Servient Estate contains certain underground water lines used to provide fireflow, including a water line located in the southwest portion of the Servient Estate (the ''Water Line") benefiting the Dominant Estate. Grantee wishes to obtain and Grantor is willing to grant an exclusive perpetual easement over, under, across and through the portion of the Servient Estate legally described and depicted on EXHIBIT C attached hereto and incorporated herein (the "Easement Area") for the Water Line. AGREEMENT NOW, THEREFORE, for and in consideration of the sum of One Dollar ($1.00) and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Grantor hereby grants, declares, reserves and conveys to Grantee, and its successors and assigns in title to the Dominant Estate, the right to retain the Water Line and an exclusive perpetual easement over, under, across and through the Basement Area, subject to and conditioned upon the following tenn:s, conditions and covenants which Grantee hereby promises to faithfully and fully observe and perform. WATERLlNl! F.ASEMFNT AGRBJ!MENT [03003-0105-0D0000/SB043360.31 SJ PAGEl 12/'23/04 20041228001864.00< 1. Purpose Grantee shall have the right to retain the Water Line in the Basement Area and the right of access, ingress and egress over, under, across and through the Basement Area for the purposes of using, operating, repairing, replacing and maintaining the Water Line. 2. Compliance with Laws and Rules Grantee shall at all times exercise its rights herein in accordance with the requirements ( as from time to time amended) of any public authority having jurisdiction and all applicable statutes, orders, rules and regulations. 3. Grantee's Use and Activities Grantee shall exercise its rights under this Easement Agreement so as to minimize, and avoid if reasonably possible, interference with Grantor's use of the Easement Area 4. Grantor's Use of the Easement Area Granter reserves the right to use the Easement Area for any purpose not inconsistent with the rights herein granted; provided, that Grantor shall not erect, construct or maintain any structures or building improvements in the Easement Area. 5. Grantor's Covenants Grantor covenants with Grantee that it shall not disturb or sever the Water Line, or tap into the Water Line, or disrupt the Water Line's service to Grantee or relocate the Water Line. Grantor further covenants with Grantee that it shall not grant, declare, reserve or convey any future easement in the Easement Area to any other person. 6. Indemnity Each party (the "Indemnifying Party") shall hold the other (the "Indenmified Party") hannless from and against any and all claims or liability for bodily injury to or death of any person orloss ofor damage to any property arising out of the Indemnifying Party's use of the Easement Area or from any activity, work or thing done, permitted or suffered by the Indemnifying Party, its employees, agents, contractors or invitees in or about the Easement Area, except claims and liabilities to the extent caused by any negligence or willful misconduct on the part of the Indemnified Party, its agents, employees, contractors or invitees. 7, Abandonment The rights herein granted shall continue until such time as Grantee gives ninety (90) days prior written notice to Gran tor of Grantee's intention to abandon the easement described in this Easement Agreement, in which event this Basement Agreement shall automatically WATERL!NEEASF.MBNT AGREEMENT [03003-0105-000000/SB-043360.31 &] PAGE2 12/23/04 2004 I 22BOO 1664.0oit terminate without an amendment to this Easement Agreement and all rights hereunder shall revert to Grantor. 8. Termination of Easement Upon the termination of the easement granted herein, Grantee shall have the right to tum over to Grantor the Water Line in its "AS IS" condition, and Grantee shall have no obligation to remove any underground utility lines, equipment or appurtenances from the Easement Area covered by the easement, nor to perfo17Il any cleanup, restoration or remediation to the Easement Area, including without limitation any cleanup or remediation of any contamination of the soil or groundwater in, on or under the Easement Area, provided, however, that in the event that Grantor's rights and obligations under this Easement Agreement are sold or otherwise conveyed to Transwestern Harvest Lakeshore L.L. C., its successors and assigns ("Trauswestern"), Grantee's obligations regarding environmental matters under the Agreement of Purchase and Sale and Joint Escrow Instructions dated as of November 23, 2004 by and between Grantee and Transwestern (the "Agreement") (including any exlnbits thereto) shall be applicable to the Easement Area. Except as provided in the Agreement (including any exhibits thereto), Grantor shall, and hereby does, release Grantee from any and all claims of any kind or nature, known or unknown, liquidated or unliquidated, whatsoever relating to the condition of the Easement Area, including claims relating to or arising in any way out of the presence on the area of the easement granted herein or in or within the Basement Area of any chemicals, contaminants, hazardous materials or dangerous wastes of any kind whatsoever. 9. Notices Notices required to be in writing under this Easement Agreement shall be personally served or sent by U.S. mail. Any notice given by hand shall be deemed given when delivered and any notice sent by mail shall be deemed to have been received when three days have elapsed from the time such notice was deposited in the U.S. mail, postage prepaid, and addressed as follows: To Grantor: With a copy to: WATER LINE l!AS!!MF.NT AORl!l!MENT [03003-0 l 05-000000/SB043360.3 l8] The Boeing Company MIS 2R-79 P.O. Box3707 Seattle, WA 98124-2207 Attn: Director of Real Estate Gerald L. Bresslour Office of the General Counsel The Boeing Company MIC 13-08 P.O. Box 3707 Seattle, WA 98124 PAOE3 12/23/04 To Grantee: Wrth a copy to: The Boeing Company M/S2R-79 P.O. Box3707 Seattle, WA 98124-2207 Attn: Director of Real Estate Gerald L. Bresslour Office of the General Counsel The Boeing Company MIC 13-08 P.O. Box 3707 Seattle, WA 98124 2004122800 I a64.005 Either party may change the address to which notices may be given by giving notice as above provided. 10. Title The rights granted herein are subject to permits, leases, licenses and easements, if any, heretofore granted by Grantor affecting the Easement Area. Grantor does not warrant title to its property and shall not be liable for defects thereto or failure thereof. 11. Covenants Running with the Land/Successors and Assigns The terms and conditions of this Easement Agreement shall be covenants running with the land, and shall burden and benefit Granter, Grantee and their respective successors and assigns in interest of the Servient &tale and the Dominant Estate, respectively. 12. No Termination of Prior Liability No termination of this Easement Agreement shall release Grantee from any liability or obligation with respect to any matter occurring prior to such termination. 13. Attorneys' Fees In the event either party brings a legal action against the other party to enforce its rights hereunder, the substantially prevailing party shall be entitled to receive reimbursement from the other party of such prevailing party's costs incurred in such legal action (including the costs of appeal), including the reasonable fees and disbursement of the prevailing party's attorneys, in addition to all other rights and remedies available to the prevailing party at law or in equity. WATl!RLlNEEASEMENT AGREEMENT {03003-0 I 05.000000/SB043360.318] PAGE4 12123/04 2004122800 1864.00t 14. No Merger of Estates The easement granted herein shall not extinguish or terminate by operation of the doctrine of merger or otherwise due to the existing or future cormnon ownership of the real property descnbed herein. 15. Complete Agreement This Easement Agreement contains the entire agreement of the parties with respect to this subject matter and supersedes all prior or contemporaneous writings or discussions relating to the easement provided for herein. This Easement Agreement may not be amended except by a written document executed after the date hereof by the duly authorized representatives of Grantor and Grantee. This Basement Agreement includes EXHIBITS A, B and C which by this reference are incorporated into this Basement Agreement. 16. Choice of Law This Easement Agreement shall be governed by the law of the State of Washington, exclusive of its choice oflaw rules. [The remainder of this page is intentionally left blal'lk.] WATERL!l,'EEASEMENf AGRBEMl!NT (03003 -010S-OOOOOO/SB043360.318) PAOBS 12/23104 2004122800186lr.007 IN WITNESS WHEREOF, the parties have executed this Easement Agreement as of the date first above written. WATERLINB F.ASEMENT AGREEMENT [03003.0l05.00000-0/SB043360.318) Grantor: THE BOEING COMPANY, a Delaware corporation in its capacity as the owner of the land described in EXIIlB~A ~ . By°J;Jj; ~ Its: Authorized Signatory Grantee: THE BOEING COMPANY, a Delaware corporation in its capacity as the owner of the land desc:nbed in :x:~ ~A~-/ Its: Authorized Signatory PAGE6 12/2311)4 STATE OF WASHfNGTON ) ,JI/ ff!; ) ss. 20041228001864.008 COUNTY OF ,~ ) On this ~y of /J« · , 200!/, before me, the undersigned, a Notary Public in for e State of Was · gton, duly commissioned and sworn, personally appeared to me known to be the person who signed as of THE BOEING COMPANY, the corporation that executed the within regoing nt, and acknowledged said instrument to be the free and voluntary act and deed~\ s~d corporation for the uses and purposes therein mentioned, and on oath stated,f9at ~as duly elected, qualified and acting as said officer of the corporation, that~ was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written. WATER LlNE EASEMENT AORllEMENT [03003-0105-000000/SB043360.318] (~otf~ :>I-L $'CZ, ri. J · a Ch >.f?C.Yj ~ (Print or stamp name of Notary) NOTARYPUBLICinandfi~r S~tate 1,7/3 ofW~on, resi~ at ~~ / f!/v.__ My appomtment expires: _::_ ~ . PAOB7 12/23104 20041228001864.009 STATBOFWASHINGl'ON ) )/ ,I //L.£ , ) SS. COUNTYOF ,~ ) On this 8:~ of fJR · 200£ before me, the undersigned, a Notary Public in and for the State ofWas · duly commissioned and sworn, personally appeared to me known to be the person who signed as ofTHB BOEING COMPANY, the corporation that executed the within and regoing t, and acknowledged said instrument to be the free and voluntary act and ~7t ~orporation for the uses and purposes therein mentioned, and on oath stated was duly elected, qualified and acting as said officer of the corporation, that M.e was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written. WATER LINE llASEMllNT AOIU!llMENT [03 003-ll l 05-!l00000/SB043360.318] ~41M\~~# ( ignature of Not U c ..>ct~a.ri ), . Urn ~12e~er (Print or stamp name ofNotary) NOTARYPUBLICinand~ ,.'Y'u ofWashington, residing at 2~ My appointment expires: / -/ '? -t:1-s'.: PAGES l'.1123104 EXHIBIT A Legal Description of Servient Estate LOT 3, BOEING LAKESHORB LANDING, A BINDING SITE PLAN, RECORDED UNDER RECORDING NO. 20041223000856. SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. APN: 08230590!1 EXHIBIT A TO WATBRllNBllASBMENT AGREEMENT !03003-0 I OS.000000/SB043360.3 !8] 20041228001864.01( PAOE9 12/2'.l/04 EXHIBITB Legal Description of Dominant Estate LAND SITUATED IN THE STATE OF WASHINGTON, COUNTY OF KING, DESCRIBED AS FOLLOWS: THAT PORTION OF THE EAST HALF OF SECTION 7, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., LYING EASTERLY OF THE CEDAR RIVER WATER WAYNO. 2ANDNORTHERLYOFNORTH6TH STREET IN THE SOUTHEASTERLY QUARTER OF SAID SECTION; LESS THAT PORTION FOR NORTHERN PACIFIC RAILWAY RIGHT-OF-WAY, LESS STREETS; TOGETHER WITH VACATED LOGAN STREET LYING NORTHWESTERLY OF A LINE 30 FEET NORTHWESTERLY OF THE GOVERNMENT MEANDER LINE; TOGETHER WITH SECOND CLASS SHORE LANDS ADJACENT; AND TOGETHER WITH THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SEC'TION; BEGINNING AT THE SOUTH MARGIN OF NORTH 6TH STREET AND THE MARGIN OF LOGAN STREET NORTH; THENCE SOUTHERLY ALONG SAlD STREET 995.34 FEET; THENCE SOUTH 89°18'45" WEST TO THE EASTERLY MARGIN OF CEDAR RIVER WATER WAY NO. 2; THENCE NORTH ALONG SAID MARGIN TO THE SOUTH MARGIN OF NORTH 6TH STREET; THENCE BAST TO THE POINT OF BEGINNING; LESS THAT PORTION BEGINNING AT THE NORTHWEST CORNER THEREOF; THENCE SOUTHEASTERLY ALONG THE WESTERLY LINE 328.75 FEET TO THENCE NORTH 89°45'45" EAST 366.34 FEET; THENCE NORTH 00°14'15" WEST TO THE SOUTHBRL Y MARGIN OF NORTH 6TH STREET; THENCE WEST TO THE POINT OF BEGINNING LESS THE SOUTH 137.70 FEET THEREOF; TOGETHER WITH PORTION OF THE NORTHWEST QUARTER OF SECTION 8, TOWNSHIP 23 NORTH, RANGE 5 BAST AND THE SOUTHEAST QUARTER OF SECTION 6, TOWNSHIP 23 NORTH, RANGE 5 BAST AND THE SOUTHWEST QUARTER OF SECTION 5, TOWJ~SHIP 23 NORTH, RANGE 5 EAST, LYING NORTHWESTERLY OF THE NORTHERNPACIFICRAILWAYRIGHT-OF-WAY AND SOUTHWESTERLY OF A LINE BEGINNING AT THE INTERSECTION OF THE WBSTERL Y EXTENSION OF THE NORTH LINE OF GOVERNMENT LOT 1 WITH THE WEST MARGIN SAID RIGHT-OF- WA Y; THENCE WEST 763.39 FEET; THENCE NORTH 43°06'56" WEST EXHIBITB TO WATERLINBRASHMENT AORJIBMBNT [03003.Q 105.QOOOOO/SB043360.318] 20041228001864.011 PAOE10 12/23/04 6S0.06 FEET MORE OR LESS TO THE INNER HARBOR LINE; THENCE SOUTH 46°52'27" WEST ALONG SAID LlNE 607.89 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 43°06'56" EAST 713.87 FEET; THENCE SOUTH 46°53'04 WEST 215 FEET; THENCE SOUTH 20°38'24" WEST TO THE NORTHWESTERLY MARGIN OF SAID NORTHERN PACIFIC RIGHT-OF-WAY; LESS BURLINGTON NORTHERN OPERATING STRIP ADJACENT AND PORTION OF THE SOUTHEASTERLY LINE OF SAID SECTION 08°23'05" EAST; LESS ROAD NO. 7; TOGETHER WITH VACATED LOGAN STREET LYING NORTHBRL Y OF SPUR TRACKS; TOGETHER WITH BLOCK "C" LAKE WASHINGTON SHORE LANDS 3RD SUPPLEMENTAL. APN: 0723059001 EXHIBJT B TO WATER UNE l'ASEMENT AOREEMENT [03003.(J 1 OS .()00000/SB043360.3 ! R] 20041228001864.012 PAOEH 12123/04 20041228001864:013 EXHIBITC Legal Description of Easement Area WATER EASEMENT ALL THAT CBRTAlN PROPERTY SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON, LYING WITHIN LOT 3 OF BOEING LAKESHORE LANDING BINDING SITE PLAN, ACCORDING TO THE BlNDING SITE PLAN RECORDED UNDER RECORDING NO. 20041223000856, RECORDS OF KING COUNTY, WASHINGTON, AND ALSO LYING WITHIN THE NORTHWEST QUARTER OF SECTION 8, TOWNSHIP 23 NORTH, RANGE 5 BAST, W.M., BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF PARK A VENUE NORTH AND NORTH gm STREET AS SHOWN ON SAID BINDING SITE PLAN, THENCE S89°25'53"E ALONG THE CENTERUNE OF NORTH gni STREET A DISTANCE OF 52.50 FEET; THENCE N00°56'42"E A DISTANCE OF 94.50 FEET TO A POINT ON THE WEST PROPERTY LINE OF SAID LOT 3 AND THE TRUE POINT OF BEGINNING; THENCE FROM SAID TRUE POINT OF BEGINNING S89°03'18"EA DISTANCE OF 67.50 FEET; THENCE N00°56'42"E A DISTANCE OF 34.00 FEET; THENCE N89°03'18"W A DISTANCE OF 67.50 FEET TO A POINT ON SAID WEST PROPERTY LINE; THENCE S00°56'42"W ALONG SAID WEST PROPERTY LINE A DISTANCE OF 34.00 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS 2,295 SQUARE FEET+/-. EXHIBIT C TO WATER UNE EASEMENT AGREEMENT [03003-0l05-000000/SB043360.3!8] PAGE12 L2/23104 52.5' I BOfJNG LAKESHORE LANO/NG BINDING SITE PLAN LOT 3 ------r --------tJ N89'0J'18"W 67.50' r:t'f'!~7N~if:R":..o;{E r1r---..:.;:::;:.:;:...:.:;;.:.:....::;~:.....---. AGREEMENT, REC. NO. .~ I ----~1+060~~---, :} POINT OF I ~ I PROPOSED WATER EASEMENT ,1,,J .... :2 !I> .,: 0,.., ~ BEGINNING I --::(:!-r-"'.s:::":a:::"9:::" 'OJ,;::,1::a:::.E:--..,.61=-.s~oce· --J '---e- ' ' ~- NORTH 8TH ST. r--- EXH/8/T 'a' PROPOSED WATER EASEMENT , SCALE: 1" = 30' 20041228001869.001 ~1111111111111111 20041228001869 Return Address Offiee of the General Counsel The Boeing Company MIC 13-08 P.O. Box 3707 Seattle, WA 98124 Attn: Gerald L-Bresslour Document Tltle(s) (or transactions contained therein): W atcr Line Easement Agreement Reference Number(s) of Documents assigned or released: (on page_ of docnments(s)) Grantor(s) (Last name first, then first name and initials): The Boeing Company 0 Additional names oo page _ of document. Grantee(s) (Last name first, then first name and initials): The Boeing Company 0 Additional names on page _ of document. FIRST AMERICAN EAS 32.00 ?AGE001 OF 014 12/28/2004 14:09 KING COUNTY, UA (!!!) l:J--9&97 1ST AJVI-S . ' 'fAV """' Rl"Al !l"EF\ ~~:~:e~:y , Deputy Legal description (abbreviated: i.e. lot, block, plat or section, township, range) Ptn of Lot 3, Boeing Lakeshore Landing, AFN 2004!223000856, NW Y. SB T23N R5E [RJ Full legal is on page _9_ of docament Assessor's Property Tax ParceVAccount Number 082305922! [03003-0105-000000/SB043350.079] 12/23/04 20041228001869.00: WATER LINE EASEMENT AGREEMENT TlllS WATER LINE BASEMENT AGREE¥BNT (this ''Easement Agreement") is made and entered into as of'l)~r.r 2$ , 200 :i by and between THE BOEING COMP ANY, a Delaware corporation, as the owner of the land descn"bed in EXHIBIT A ("Granter"), and THE BOEING COMPANY, a Delaware COI]>Dration, as the owner of the land described in BXEilBIT B ("Grantee"). RECITALS: A. Gran.tor is the owner of that certain parcel ofland located within the City of Renton (the "City"), located southeast of Lake Washington and west ofl·405 and commonly known as Boeing Lakeshore Landing (the "Servient Estate") as described in EXHIBIT A attached hereto. B. Grantee is the owner ofland adjacent to the Servient Estate to the west and south (the "Dominant Estate") as descn"bed in EXHIBIT B attached hereto. C. The Servient Estate contains certain underground water lines including a water line located in the northeast portion of the Servient Estate ( the "Water Line") benefiting the Dominant Estate. D. Grantee wishes to obtain and Granter is willing to grant an exclusive perpetual easement over, under, across and through the portion of the Servient Estate legally described and depicted on EXHIBIT C attached hereto and incorporated herein (the "Easement Area") for the Water Line. AGREEMENT NOW, THEREFORE, for and in consideration of the sum of One Dollar ($1.00) and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Granter hereby grants, declares, reserves and conveys to Grantee, and its successors and assigns in title to the Dominant Estate, the right to retain the Water Line and an exclusive perpetual easement over, under, across and through the Easement Area, subject to and conditioned upon the following temis, conditions and covenants which Grantee hereby promises to faithfully and fully observe and perfonn 1. Purpose Grantee shall have the right to retain the Water Line in the Easement Area and the right of access, ingress and egress over, under, across and through the Basement Area for the purposes of using, operating, repairing, replacing and maintaining the Water Line. WATER LlNE EASE.MENT AGREEMENT (03003-0 10S--OOOOOO/SB043350.079] PAOEI 12123/04 20041228001869.003 2. Compliance with Laws and Rules Grantee shall at all times exercise its rights herein in accordance with the requirements ( as from time to time amended) of any public authority having jurisdiction and all applicable statutes, orders, rules and regulations. 3. Grantee's Use and Activities Grantee shall exercise its rights under this Easement Agreement so as to minimize, and avoid if reasonably possible, interference with Grantor's use of the Easement Area. 4. Grantor's Use of the Easement Area Grantor reserves the right to use the Easement Area for any pUIJloSe not inconsistent with the rights herein granted; provided, that Graotor shall oot erect, construct or maintain any structures or building improvements in the Easement Area. 5. Grantor's Covenants Grant or covenants with Grantee that it shall not disturb or sever the Water Line, or tap into the Water Line, or disrupt the Water Line's service to Grantee or relocate the Water Line. Grantor further covenants with Grantee that it shall not grant, declare, reserve or convey any future easement in the Easement Area to any other person. 6. Indemnity Each party (the "Indemnifying Party") shall hold the other (the "Indemnified Party") harmless from and against any and all claims or liability for bodily injury to or death of any person or Joss of or damage to any property arising out of the Indemnifying Party's use of the Basement Area or from any activity, work or thing done, permitted or suffered by the Indemnifying Party, its employees, agents, contractors or invitees in or about the Easement Area, except claims and liabilities to the extent caused by any negligence or willful misconduct on the part of the Indemnified Party, its agents, employees, contractors or invitees. 7. Abandonment The rights herein granted shall continue uotil such time as Grantee gives ninety (90) days prior written notice to Grantor of Grantee's intention to abandon the easement described in this Basement Agreement, in which event this Basement Agreement shall automaticallY terminate without an amendment to this Easement Agreement and all rights hereunder shall revert to Granter. W AJER LINE BASEMENT AOREEMBNT [03003.0105.000000/SB043350.079] PAGE2 l'.lm/04 20041228001869.004 8. Termination of Easement Upon the termination of the easement granted herein, Grantee shall have the right to turn over to Grantor the Water Line in its "AS IS" condition, and Grantee shall have no obligation to remove any underground utility lines, equipment or appurtenances from the Easement Area covered by the easement, nor to perform any cleanup, restoration or remediation to the Easement Area, including without limitation any cleanup or remediation of any contamination of the soil or groundwater in, on or under the Easement Area, provided, however, that in the event that Grantor's rights and obligations under this Easement Agreement are sold or otherwise conveyed to Transwestem Harvest Lakeshore L.L.C., its successors and assigns (''Transwestern"), Grantee's obligations regarding environmental matters under the Agreement of Purchase and Sale and Joint Escrow Instructions dated as of November 23, 2004 by and between Grantee and Transwestem (the "Agreement") (including any exrubits thereto) shall be applicable to the Basement Area. Except as provided in the Agreement, (including any exhibits thereto), Granter shall, and hereby does, release Grantee from any and all claims of any kind or nature, known or unknown, liquidated or unliquidated, whatsoever relating to the condition of the Easement Area, including claim<l relating to or arising in anyway out of the presence on the area of the easement granted herein or in or within the Easement Area of any chemicals, contaminants, hazardous matt.'lials or dangerous wastes of any kind whatsoever. 9. Notices Notices required to be in writiog under this Easement Agreement shall be personally served or sent by U.S. mail. Any notice given by hand shall be deemed given when delivered and any notice sent by mail shall be deemed to have been received when. three days have elapsed from the time such notice was deposited in the U.S. mail, postage prepaid, and addressed as follows: To Grantor: With a copy to: WATER LINE EASEMl!NT AGREEMENT [03003.0 105.000000/SB043350.079J The Boeing Company M/S2R-79 P.O. Box 3707 Seattle, WA 98124-2207 Attn: Director of Real Estate Gerald L. Bresslour Office of the General Counsel The Boeing Company MIC 13-08 P.O. Box 3707 Seattle, WA 98124 PAOE3 12/23/04 To Grantee: With a copy to: The Boeing Company M/S2R-79 P.O. Box 3707 Seattle, WA 98124-2207 Attn: Director of Real Estate Gerald L. Bresslour Office of the General Counsel The Boeing Company MIC 13-08 P.O. Box 3707 Seattle, WA 98124 20041228001869.00! Either party may change the address to which notices may be given by giving notice as above provided. 10. Title The rights granted herein are subject to permits, leases, licenses and easements, if any, heretofore granted by Grantor affecting the Easement Area. Grantor does not warrant title to its property and shall not be liable for defects thereto or failure thereof. 11. Covenants Running with the Land/Successors and Assigns The terms and conditions of this Easement Agreement shall be c:ovenants running with the land, and shall burden and benefit Grantor, Grantee and their respective successors and assigns in interest of the Servient Estate and the Dominant Estate, respectively. 12. No Tennination of Prior Liability No tennination of this Easement Agreement shall release Grantee from any liability or obligation with respect to any matter occurring prior to such termination. 13. Attorneys' Fees In the event either party brings a legal action against the other party to enforce its rights hereunder, the substantially prevailing party shall be entitled to receive reimbursement from the other party of such prevailiog party's costs incurred in such legal action (including the costs of appeal), including the reasonable fees and disbursement of the prevailing party's attorneys, in addition to all other rights and remedies available to the prevailing party at law or in equity. WATERUNEEASEMENT AGREEMENT [03003-010S-OOOOOO/SB/J43350.079] PACJE4 12123/04 20041228001869.006 14, No Merger of Estates The easement granted herein shall not extinguish or tenninate by operation of the doctrine of merger or otherwise due to the existing or future connnon ownership of the real property descnoed herein. 15. Complete Agreement This Easement Agreement contains the entire agreement of the parties with respect to this subject matter and supersedes all prior or contemporaneous writings or discussions relating to the easement provided for herein. This Easement Agreement may not be amended except by a written docwnent executed after the date hereof by the duly authorized representatives of Granter and Grantee. This Easement Agreement includes EXIDBITS A, B and C, which by this reference are incorporated into tllis Easement Agreement. 16. Choice of Law This Easement Agreement shall be governed by the law of the Stat.e of Washington, exclusive of its choice of law rules. [The remainder of this page is intentionally left blank.] WATERLlNE EASF.MENT AGREEMENT [03003-0!DS-OOOOOO/SB0433S0.079] PAflES 12123/04 20041228001869.007 IN WITNESS WHEREOF, the parties have executed this Easement Agreement as of the date first above written. WATllRLlNEBASEMENTAGRBEMENT [0'3003--010l--OOOOOOISB0433l0.079) Grantor:. THE BOEING COMP ANY, a Delaware corporation, in its capacity as the owner of the land described in EXIITBIT A ByCJtk ~ Its: Authorized Signatory Grantee: THE BOEING COMP ANY, a Delaware corporation, in its capacity as the owner of the land described in BXHIBITB By (:dLfj; );~AMJk Its: Authorized Signatory fAOM 12/23/04 STATE OF WASHINGTON ) COUNTY OF ~ ~ ss. 20041228001869.008 On tbis;?l~y of ~ · , 2oc¢" before me, the undersigned, a Notary Public· and for the State of Was · on, duly commissioned and swam, personally appeared to me known to be the person who signed as of THE BOEING COMPANY, the coiporation that =cuted the within foregoing · , and acknowledged said purposes therein mentioned, and on oath stated was duly elected, qualified and instrument to be the free and voluntary act an~deed of · d cotporation for the uses and acting as said officer of the corporation, that ~authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. IN WITNESS WHEREOF I have hereurito set my hand and official seal the day and year first above written. WATER UNE EASBMPNf AGREEMENT [O'J003.0!0S-0-00000/SB043350.079] NOTARY PUBLI~ ~ anc~ /, 'y?/ ofWashington, residing at -'! ~ My appointment'expires: .L--< ' . PAGB7 12/23/04 STATE OF WASIDNGTON ) J// pt~-) ss. 20041228001869.009 COUNTYOF~) . On this~~ of 1).,e,c_ -, zol/., befure me, the undersigned, a Notary Public and or the State of Was · gton, duly commissioned and sworn, personally appeared to me known to be the person who signed as of THE BOEING COMP ANY, the corporation that executed the within an foregoing · t, and acknowledged said instrument to be the free and voluntary act and deed ~rporation for the uses and purposes therein mentioned, and on oath stated that was duly elected, qualified and acting as said officer of the corporation, that >:f.£ p was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written. WATERUNEEASEMENT AGREEMENT [03003--0!05--000000/sB0433S0.079) of Washington, residing at -~ , ~ NOTAR: PUBLI? ?1 and ~State . /{J(P My appointment expires: ~o/'-£.;;{'' . PAGES 12/23/04 EXHIBIT A Legal Description of Servient Estate LOT 3, BOErnG LAKESHORELANDrnG, A BINDING SITE PLAN, RECORDED UNDER RBCORDrnG NO. 20041223000855. SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. APN: 0823059221 EXHIBIT A TO WATER LlNE EASEMENT AGREEMENT [03003--0 105--000000/SB043350,079] 20041228001869.010 PAOE9 12/23/04 EXHIBITB Legal Description of Dominant Estate LAND SITUATED IN THE STATE OF WASHINGTON, COUNTY OF KING, DESCRIBED AS FOLLOWS: THAT PORTION OF THE EAST HALF OF SECTION 7, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., LYING EASTERLY OF THE CEDAR RIVER WATER WAY NO. 2ANDNORTHERLYOFNORTH6TH STREET IN THE SOUTHEASTERLY QUARTER OF SAID SECTION; LESS THAT PORTION FOR NORTHERN PACIFIC RAILWAY RIGHT-OF-WAY, LESS STREETS; TOGETHER WITH VACATED LOGAN STREET LYING NORTHWESTERLY OF A LINE 30 FEET NORTHWESTERLY OF THE GOVERNMENT MEANDER LINE; TOGETHER WITH SECOND CLASS SHORE LANDS ADJACENT; AND TOGETHER WITH THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION; BEGINNING AT THE SOUTH MARGIN OF NORTH 6TH STREET AND THE MARGIN OF LOGAN STREET NORTH; THENCE SOUTHERLY ALONG SAID STREET 995.34 FEET; THENCE SOUTH 89°18'45" WEST TOTHEEASTBRLYMARGINOFCEDARRIVER WATER WAY NO. 2; THENCE NORTH ALONG SAID MARGIN TO THE SOUTH MARGIN OF NORTH 6TH STREET; THENCE EAST TO THE POINT OF BEGINNING; LESS THAT PORTION BEGINNING AT THE NORTHWEST CORNER THEREOF; THENCE SOUTHEASTERLY ALONG THE WESTERLY LINE 328. 75 FEET TO THENCE NORTH 89°45'45" EAST 366.34 FEET; THENCE NORTH 00°14'15" WEST TO THE SOUTHERLY MARGIN OF NORTH 6TH STREET; THENCE WEST TO THE POINT OF BEGINNING LESS THE SOUTH 137.70 FEET THEREOF; TOGETHER WITH PORTION OF THE NORTHWEST QUARTER OF SECTION 8, TOWNSHIP 23 NORTH, RANGES EAST AND THE SOUTHEAST QUARTER OF SECTION 6, TOWNSHIP 23 NORTH, RANGE 5 EAST AND THE SOUTHWEST QUARTER OF SECTION 5, TOWNSHil' 23 NORTH, RANGE 5 EAST, LYING NORTHWESTERLY OF THE NORTHERN PACIFIC RAILWAY RIGHT-OF-WAY AND SOUTHWESTERLY OF A LINE BEGINNING AT THE INTERSECTION OF THE WESTERLY EXTENSION OF THE NORTH LINE OF GOVERNMENT LOT I WITH THE WEST MARGIN SAID RIGHT-OF- WAY; THENCE WEST 763.39 FEET; THENCE NORTH 43°06'56" WEST llXll!BIT B TO WATER LlNll EASEMENT AGREEMENT [03003 .o I 05.000000/SB043ll0.079] 20041228001869 .011 PAGE!O 12/23/04 680.06 FEET MORE OR LESS TO THE INNER HARBOR LINE; TIIENCE SOUTH 46°52'27" WEST ALONG SAID LINE 607 .89 FEET TO THE TRUE POINT OF BBGINNING; THENCE SOUTH 43°06'56" EAST 713.87 FEET; THENCE SOUTH 46°53'04 WEST 215 FEET; THENCE SOUTH 20°38'24" WEST TO THE NORTHWESTERLY MARGIN OF SAID NORTHERN PACIFIC RIGHT-OF-WAY; LESS BURLINGTON NORTHERN OPERATING STRIP ADJACENT AND PORTION OF THE SOUTHEASTERLY LINE OF SAID SECTION 08°23'05" EAST; LESS ROAD NO. 7; TOGETHER WITH VACATED LOGAN STREET L YlNG NORTHERLY OF SPUR TRACKS; TOGETHER WITH BLOCK "C" LAKE WASHINGTON SHORE LANDS 3RD SUPPLEMENTAL. APN: 0723059001 EXHIB!l B TO WAIERUNBEASEMENT AGREEMENT [03003-0!0S-OOOOOO/SB043350.079] 20041228001869.012 PAGB11 12/23/04 2GB41£!8091888.B10 EXHIBITC Legal Description of Easement Area WATER EASEMENT ALL THAT CERTAIN PROPERTY SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON, LYING WITHIN WT 3 OF BOEING LAKBSHORB LANDING BINDING SITE PLAN, ACCORDING TO THE BINDING SITE PLAN RECORDED UNDER RECORDING NO. 20041223000856, RECORDS OF KING COUNTY, WASHINGTON, AND ALSO LYING WITHIN THE NORTHWEST QUARTER OF SECTION 8, TOWNSHIP 23 NORTH, RANGE 5 BA.ST, W.M., BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF GARDEN AVENUE NORTH AND. NORTH 10TH STREET AS SHOWN ON SAID BINDING SITE PLAN, THENCE Sl8°00'30"E ALONG THE CENTERLINE OF GARDEN A VENUE NORTH A DISTANCE OF 186.20 FEET; THENCE S71 °59'30"W A DISTANCE OF 30.00 FEET TO A POINT ON THE EAST PROPERTY LINE OF SAID LOT 3 AND THE TRUE POINT OF BEGINNING; THENCE FROM SAID TRUE POINT OF BEGINNINGS 18°00'30"E ALONG SAID EAST PROPERTY LINE A DISTANCE OF 41.82 FEET; THENCE S88°5T49"W A DISTANCE OF 26.21 FEET; THENCE NOi 0 02'11 "WA DISTANCE OF 40.00 FEET; THENCE N88°57'49"E A DISTANCE OF 14.00 FEET TO THE TRUE POINT OF BEGJNNING. CONTAINS 804 SQUARE FEET+/-. EXHIBIT C TO WATER LlNE E.ASl!MENT AGREEMENT [03003-010S-000000/SB043350.019J PAGB12 12/2.3/04 - -\ \ SCALE: 1 • = JO' - \. \ i --~, ' \-9- -----'\ I "1 \ I \ 30' \ \ BOEING LAK£SH0R£ LANDING BINDING SIT£ PLAN LOT .3 \ O> \\ ft.\. ~~ \\ 9.. \ I N88'57'4s·c: \ .,0 .. 11 14.00' 571'59 o0_' -\ :)_g; ..-WA!E"R EASE1.1£NT, REC. NO. 8805190541 .-l'--~- 1 -------------~ ~.,, I ~ ~ mQ ~ s 'a-z. I r----------1 -. .., ... / I L~' ~ \~ I I I I I I I I I I EXHiBIT '8' PROPOSED WA1ER EASEMENT \ \ \ \ \ \ \ \ \ 200412!8881889.8 ... 20041228001871.001 f When Recorded Return To: Gerald Bresslour Office of the General Counsel The Boeing Company !l((IIIIIIIIIIH. FIRST AMERICAN EAS 001871 P.O. Box 3707, MC 13-08 Seattle, Washington 98124 PRGE00! OF 015 33.00 12/28/2804 14:09 KING COUNTY, LIA DOCUMENT TITLE:Declaration of Covenants, Conditions, Easements and Restrictions REFERENCE NUMBERS OF RELATED DOCUMENTS: GRANTORJBORROWER: . The Boeing Company GRANTEE/ASSIGNEE/BENEFICIARY: NIA LEGAL DESCRIPTION: (Burdened Property)Lots 1-4, Boeing Lakeshore Landing, BSP 20041223000856, as more fully described in Exhibit A beginning on page 12 of this Declaration A legal description of the benefited property begins on page 13 of this Declaration ASSESSOR'S PARCEL NO(S). 082305-9220-05; 082305-9221-04; 082305-9011-08; 082305- 9222-03; 082305-9079-07; 082305-9204-05; 082305-9037-08; 082305-9152-07 EXCISE iAX N0'1' REQUIRED Kini~Ren Division BY' .,,,....,-ev:4-('. 'Deputy Renton Lakeshore Landing CCRs (Closing) 20041226 1ST ,.Uf-S Page 1 of 15 20041228001871.002 DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS, AND RESTRICTIONS THIS DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS, AND RESTRICTIONS (hereinafter referred to as the "Declaration") is made, granted, declared, established and reserved this 28th day of December, 2004. WHEREAS, The Boeing Company, a Delaware corporation (hereinafter referred to as "Declarant") is the owner of certain real property legally described on Exhibit A attached hereto and made a part hereof (the "Property"); and WHEREAS, the Declarant also owns substantial property in the general area of the Property, described in Exhibit B (the "Retained Property"), which is affected by operations at the Property; and WHEREAS, the Declarant wishes to insure that the use of the Property does not adversely affect the use of the Retained Property and permits the owner of the Retained Property to use and enjoy the Retained Property. NOW, THEREFORE, in consideration of the benefits to be derived hereunder, the Declarant hereby makes, grants, declares and establishes this Declaration: 1. DEFINITIONS AND PURPOSE. a. Project. As used herein, the term "Project" shall mean the development of the Property, the Retained Property or any part thereof, the redevelopment of the Property, the Retained Property, or any part thereof, or the use of the Property, the Retained Property, or any part thereof. b. Intentlonally Omitted. c. Road and Street Designations. Designations of roads and streets in this Declaration shall be deemed to apply to the streets referred to herein as designated and laid out on the date hereof, provided that this Declaration shall continue to apply to said streets and roads if called by a different name at any time in the future and/or if aligned differently in the future from their alignment on the date hereof. d. Improvements shall mean and refer to all structures, improvements, equipment, fixtures, objects used for decorative or incidental purposes, and construction of any kind on any Lot whether above or below the land surface, whether permanent or temporary, including without limitation, Buildings, utility lines, driveway, paved parking areas, pathways, fences, screening walls, retaining walls, plantings, planted trees and shrubs, Renton Lakeshore Landing CCRs (Closing) 20041226 Page2of 15 2. 2004122eee 1 s;r1 .eea irrigation and drainage pipes and fixtures, catch basins or other devices for the collection and/or detention of stonnwater runoff, lighting fixtures and signs. e. Occupant shall mean and refer to, collectively, the Owner and any other Person or Persons entitled, by ownership, leasehold interest or other legal relationship, to the right to occupy all or any portion of the Property. f Owner shall mean and refer to the Person or Persons holcling record fee title to the Property (including, as applicable, Declarant, but excluding any Person holding such interest merely as security for the performance of an obligation), and their respective heirs, successors and assigns. g. Person shall mean and refer to any individual, partnership, corporation, trust, estate or other legal entity. h. Lot shall mean and refer to any legal lot into which the Property or any part of it has on the date hereof or shall hereafter be divided. TERM. The restrictions declared, reserved, granted and established hereby shall continue in full force and effect for as long as any portion of the Retained Property is owned, occupied, or used by (a) The Boeing Company, or (b) any direct or indirect subsidiary of The Boeing Company, or (c) any corporation, business, or other entity that is controlled by or under common control with The Boeing Company or (d) any corporate, business, or other entity that supplies The Boeing Company or any entity identified in clause (b) or (c) with goods or services in support of the aviation industry, including the business of designing, producing, maintaining, repairing, or modifying aircraft or spacecraft. This Declaration may be terminated or modified only with the consent of The Boeing Company or the parties referred to in clauses (b), (c), or (d) if they are the owner or occupant of the Retained Property. 3. COVENANTS, CONDITIONS, AND RESTRICTIONS The Declarant hereby covenants that the Property will be used by Declarant and by all of its successors in title to the Property, and by all occupants of the Property in compliance with and subject to the following: 3.1. Permitted Purposes: Prohibition of Certain Uses. The Property shall be used solely for purposes permitted by the Development Agreement for Renton Plant Development dated November 24, 2003 (as it may be amended from time to time, the "Development Agreement"), recorded in the records of K.ing County, Washington under recording no. 20031210001637, unless otherwise agreed in writing by the Declarant. The Declarant may prohibit any other use, even if such use is permitted under, or would be allowed as a nonconforming use under, the City of Renton Zoning Code or land use regulations as in effect on the date of this Declaration or as they may be amended at any Renton Lakeshore Landing CCRs (Closing) 20041226 Page 3 ol 15 2004 I 22800 I 8f 1.0"4 time hereafter, PROVIDED that the Declarant shall not object to any first-class institutional quality mixed use development project comprised of residential, retail, office, hotel, and/or commercial uses. Without limiting the generality of the foregoing, under no circumstances shall the Property be used in any way for or in connection with (a) the sale, distribution, or display of pornographic, obscene, or so-called "adult" literature, periodicals, movies, videos, pictures, photographs, or the like PROVIDED HOWEVER that nothing herein shall prohibit users such as Borders, Barnes & Noble, Blockbuster, or Walgreens who may sell or distribute one ore more of such products as an ancillary part of its primary business; (b) the presentation of so-called "adult" entertainment (c) the operation of a strip club, gentlemen's club, or an establishment providing entertainment in the form of table or lap dancing or (d) the sale, distribution, or display of drug paraphernalia. The Property shall be kept and maintained in a first-class manner. Without limiting the generality of the foregoing, the following uses are expressly prohibited on the Property: (1) hospitals; (2) schools, except that post-secondary vocational, trade, professional, and technical educational institutions shall be allowed {3) residential uses and pre-secondary school day care facilities are prohibited entirely on Lot I; residential uses are prohibited on the ground level or below ground level on Lots 2, 3, and 4 of the Property PROVIDED THAT development of residential units at grade level will be permitted if the Owner uses construction methods that will prevent any indoor air migration of materials that may adversely affect human health (such methods to include, by way of example but not limitation, installation of adequate vapor barrier and passive or active ventilation systems). (4) men's clubs; (5) trailer courts without Declarant' s prior written approval; (6) distillation of bones; (7) junk or salvage yards, or dumping, disposal, incineration or reduction of garbage, sewage offal, dead animals or refuse; (8) rendering of fat or animal tissues; (9) stockyard or slaughter of animals; Renton Lakeshore Landing CCRs (Closing) 20041226 Page 4 of 15 (10) refining of petroleum or its products; (11) smelting of ores; 200412280018 I 1.005 (12) raising or boarding of animals, except for animals kept within a Building and necessary for onsite laboratory or research purposes, except for retailers such as Petsmart or Petco that may board animals as an ancillary part of their businesses; (13) retail or wholesale by any automobile, truck, camper or mobile home dealerships having outside storage and inventory; (14) open cross-dock truck terminals without Declarant's prior written approval ; (15) any other use that is hazardous to any Lot(s) on the Property or the Retained Property or contiguous properties by reason of fumes, dust, noise, electromagnetic or nuclear radiation, thermal pollution, liquid or solid waste pollution, or particular danger of fire or explosion; 3.2. Design Standards. In connection with the initial development and construction of any Improvements on the Property or the construction of any material alterations, renovations or additions to any Improvements on the Property, or any material redevelopment of the Property, Buyer covenants that (i) Buyer shall utilize the services of a duly licensed architectural firm experienced in the design of retail shopping centers and mixed-use developments and (ii) that the exterior elevations and design of all building Improvements and exterior signage, lighting, landscaping and screening will provide for a level of materials, quality and appearance comparable to other high quality retail shopping center/ mixed-use projects, taking into account the incorporation of tenants' or operators' prototypical architectural design features. 3.3. Dec!arant to be Held Harmless from Construction Costs, Mitigation Costs, etc. in Connection with Development of the Property. The owner or owners of all or any portion of the Property shall release the owner or owners of all or any portion of the Retained Property from and shall indemnify and hold harmless the owner or owners of all or any portion of the Retained Property from and against any and all construction costs, fees, or charges associated with the development or redevelopment of all or any portion of the Property, whether such obligation takes the form of construction of public or private improvements, the payment of mitigation or impact fees or the payment of assessments levied by any improvement district formed to finance the construction of any such improvements. The owner or owners of all or any portion of the Retained Property shall release the owner or owners of all or any portion of the Property from and shall indemnify and hold harmless the owner or owners of all or any po1tion of the Property from and against any and all construction costs, fees, or charges associated with the development or redevelopment of all or any portion of the Retained Property, whether Renton Lakeshore Landing CCRs (Closing) 20041226 Page 5 of 15 ::tooit 122886 I S;r r.e ee such obligation takes the form of construction of public or private improvements, the payment oi mitigation or impact fees or the payment of assessments levied by any improvement district formed to finance the construction of any such improvements. 3.4. Use of Groundwater. No Owner, occupant, tenant, or other person on the Property shall withdraw or use groundwater on or under the Property for any purpose other than environmental testing, monitoring or remediation. 3.5. Covenant Not to Object to Anv Development on or Use of the Retained Property. The owner of the Property shall not object to any governmental agency with respect to any "Exempted Development" on all or any portion of the Retained Property, except to the extent that (1) such development, redevelopment, proposal, plan or agreement would require the payment by said owner of mitigation costs in connection therewith or (2) such development, redevelopment, proposal, plan or agreement would contravene items 3.1(4) through (15) or (3) such development, redevelopment, proposal, plan or agreement provides for low income or subsidized housing or ( 4) such development, redevelopment, proposal, plan or agreement contravenes the Development Agreement as it may be amended from time to time. "Exempted Development" means any development or redevelopment on, or proposal, plan, or agreement for any portion of the Retained Property that is owned, occupied, or used by (a) The Boeing Company, or (b) any direct or indirect subsidiary of The Boeing Company, or (c) any corporation, business, or other entity that is controlled by or under common control with The Boeing Company or (d) any corporate, business, or other entity that supplies The Boeing Company or any entity identified in clause (b) or (c) with goods or services in support of the aviation industry, including the business of designing, producing, maintaining, repairing, or modifying aircraft or spacecraft. 3.6. Rights regarding Test Wells; Easement regarding Environmental Matters. The Declarant shall have a nonexclusive easement to enter the Property for the purpose of obtaining readings from monitoring wells as shown on the Plan attached hereto and taking samples from such wells and for the maintenance, repair, replacement, renewal, decommissioning, and closing of such weIIs. Such easement sha!l terminate after the Washington State Depaitment of Ecology ("DOE") and the United States Environmental Protection Agency ("USEPA") remove aII requirements for the continuation of such monitoring. Upon the removal of all such requirements, the Declarant, at no expense to the owner at the time of the Property, shall close and decommission all such test wells in accordance with applicable regulations, and upon such wells being so decommissioned, such easement shall terminate. While the wells are located on the Property, they shall be maintained in a good state of repair and operation in accordance with applicable legal requirements by the Declarant at no expense to the Owner of the Property. Upon request by the owner of the Property, the Declarant shall provide the logs for such wells at no charge. The owner of the Property shall not construct any improvements nor allow the construction of any improvements (other than parking area curbs and paving and drainage/landscaping berms) within five (5) feet of Renton Lakeshore Landing CCRs (Closing) 20041226 Page 6 of 15 20041228001871.007 any of the wells shown on the Plan. The Declarant shall provide the owner of the Property with copies of all reports provided to the DOE and/or USEPA with respect to such wells and monitoring activities and copies of any written communications received by the Declarant from DOE, USEPA or any other governmental authority over such wells (as the case may be, an "Environmental Authority") with respect to such wells or test results. If an Environmental Authority orders, or indicates in writing that it may order, the installation of additional monitoring wells on the Property, the Declarant shall give the owner of the Property written notice thereof as soon thereafter as is reasonably possible. So long as the proposed locations of such additional wells and the manner of their installation shall not unreasonably interfere with either the business operations on the Property or the planned development or redevelopment of the Property, the owner or owners of the Property shall not unreasonably withhold consent to the installation of such additional wells. Notwithstanding the foregoing, if the owner or owners of the Property reasonably believes that the location of such additional wells will interfere with either said owner's business operations on the Property, or the planned development or redevelopment of the Property, said owner reserves the right to contest the particular location of any such wells, and with respect to such contest, the owner or owners of the Property shall hold the Dec!arant free and harmless with respect thereto. Such contest shall be conducted by advising the Declarant of such objections. The Declarant Lots shall provide such objections to the Environmental Authority and the Declarant and the owner or owners of the Property shall be entitled to provide representatives who shall be present when such objections are discussed with the Environmental Authority. Upon the installation of such additional wells, the Plan shall be amended to indicate their locations by an amendment to this Declaration that shall be recorded in the Records and the easement reserved to the Declarant pursuant to this paragraph shall be deemed to apply to such additional wells. Both the Declarant and the "DOE" may enter the Property for the purpose of investigating or remediating any hazardous substance or dangerous waste (as such terms are used in applicable Jaw) or other substance regulated or governed by any law related to the protection of the environment or of human health, which substance is discovered after the date hereof to exist on or below the surface of the Property, or migrating on or below the surface of the Property, as the result of prior operations by Declarant on or in the vicinity of the Property, PROVIDED that any damage to improvements on the Property caused by Declarant in conducting such investigation and remediation efforts shall be repaired by Declarant at its sole cost and expense, and PROVIDED FURTHER that the foregoing does not apply to claims against DOE, which claims the owner of the Property shall pursue against DOE directly. 4. ENFORCEMENT AND OTHER MATIERS. The Declarant shall have the right to enforce this Declaration by obtaining injunctive relief and/or by other lawful means. However, Declarant shall not have any lien rights (other than as a judgment lienor in consequence of a suit or action to enforce Declarant's rights hereunder) or security interests in and to the Property arising from the provisions of this Declaration, or any breach thereof or otherwise pursuant to any applicable laws in connection with the enforcement of this Declaration. Renton Lakeshore Landing CCRs (Closing) 20041226 Page 7 of 15 20041228001871.008 4 . .1 Constructive Notice and Acceptance Every Person who now or hereafter owns or acquires any right, title or interest in or to any portion of the Property is and shall be conclusively deemed to have consented and agreed to every covenant, condition, restriction and provision contained in this Declaration, whether or not any reference to this Declaration is contained in the instrument by which such Person acquired an interest in the Property. 4.2 Declarant's Rights Under Other Documents Nothing herein contained shall prejudice or diminish in any way Declarant's rights under any other documents that have been or that may be subsequently recorded against all or any portions of the Property. 4.3 Notices Except as otherwise expressly provided in this Declaration or required by law, all notices, consents, requests, demands, approvals, authorizations and other communications provided for herein shall be in writing and shall be deemed to have been duly given if and when personally served or seventy-two (72) hours after being sent by United States first class mail, postage prepaid, to the Owner of the Property at the Property and to the Declarant at Boeing Realty Corporation, 22833 S.E. Black Nugget Road, MC 7W-60, Issaquah, WA 98027,Atttention: Vice President Development, Phone No. 425-373-7550. With respect to (i) any such notice, consent, request, demand, approval, authorization or communication and (ii) any document or instrument given or made available to any Owner hereunder and which might concern an Occupant of such Owners' Lot, it shall be the sole responsibility of such Owner (but in no event the responsibility of the Declarant) to make a copy thereof available in a timely manner to such Occupant. 4.4 No Waiver The failure to enforce any provision of this Declaration shall not constitute a waiver of the right to thereafter enforce such provision or the right to enforce any other provision hereof. 4.5 Effect of Invalidation Each covenant, condition and restriction of this Declaration is intended to be, and shall be construed as, independent and severable from each other covenant, condition and restriction. If any covenant, condition or restriction of this Declaration is held to be invalid by any court, the invalidity of such covenant, condition or restriction shall not affect !he validity of the remaining covenants, conditions and restrictions hereof. Renton Lakeshore Landing CCRs (Closing) 20041226 Page 8 of 15 20041 nBee 1 e, 1 .eee 4.6 No Discriminatory Restrictions No Owner or Occupant shall execute or cause to be recorded any instrument that imposes a restriction upon the sale, leasing, or occupancy of his Lot on the basis of race, sex, marital status, national ancestry, color or religion. 4.7 Cumulative Remedies Each remedy provided for in this Declaration shall be cumulative and not exclusive. The failure to exercise any remedy provided for in this Declaration shall not constitute a waiver of such remedy or of any other remedy provided herein or therein. 4.8 Attorneys' Fees and Costs If any Person commences litigation for the judicial interpretation or enforcement hereof, or for damages for the breach herecf the prevailing party shall be entitled to its reasonable attorneys' fees and court and other costs incurred. 4.9 Estoppel Certificates At any time and from time to time within twenty (20) days after written notice or request by an Owner, Declarant at no cost or expense to the requesting party shall execute and deliver to any mortgagee, ground lessee or purchaser of the Property a statement certifying that this Declaration is unmodified and in full force and effect or if there have been modifications that it is in full force and effect as modified in the manner specified in the statement and that among other things reasonably requested there exists no default under this Declaration other than as may be specified therein. If Declarant fails to deliver any such statement within twenty (20) days after written notice or request by an Owner, and if Declarant further fails to deliver such statement within ten (10) days after a second written request from an Owner (which second written request shall specifically refer to the deemed estoppel under this sentence) then it shall be conclusively deemed that there exists no default under this Declaration on the part of said Owner. 5. GENERAL PROVISIONS. a. Runs with Land. The burden and benefits of the covenants, conditions, easements and restrictions contained herein with respect to the Property, shall run with the land described in Exhibit A . The burdens and benefits of the covenants, conditions, easements, and restrictions contained herein with respect to the Retained Property, shall run with the land described in Exhibit B, PROVIDED that for so long as The Boeing Company is the owner of any part of the Retained Property, The Boeing Company shall have the sole right to amend, modify, and enforce this Declaration. Renton Lakeshore Landing CCRs (Closing) 20041226 Page 9 of 15 20041228001871.010 b. Headings . Paragraph, Section and Article headings, where used in this Declaration, are inserted for convenience only and are not intended to be a part hereof or in any way to define, limit or describe the scope and intent of the particular provisions to which they refer. c. Law. This Declaration shall be interpreted and enforced pursuant to the laws of the State of Washington, without reference to its choice of law rules. d. Severability. If any term or provision of this Declaration or the application thereof to any person or circumstances shall to any extent be invalid and unenforceable, the remainder of this Declaration or the application of such term or provision to persons or circumstances other than those as to which it is invalid or unenforceable, shall not be affected thereby, and each term and provision of this Declaration shall be valid and shall be enforced to the extent permitted by law. e. Construction. This Declaration shall be liberally construed in order to effectuate its purposes. f. Singular Includes Plural. Whenever the context of this Declaration requires, !he singular shall include the plural, and vice versa, and the masculine shall include the feminine and the neuter, and vice versa. IN WITNESS WHEREOF, Declarant has duly executed this Declaration as of the day and year first hereinabove set forth. ~G~:NY ,. Colette M. Temmmk By: Title: Authorized Signatory Renton Lakeshore Landing CCRs (Closing) 20041226 Page 10 of 15 20041228001871.011 STATE OF WASHINGTON } } ss. COUNTY OF KING } I certify that I know or have satisfactory evidence that the person appearing before me and making this acknowledgment is the person whose true signature appears on this document. On this 27th day of December, 2004 before me personally appeared Colette M. Temmink, to me known to be the Authorized Signatory of the corporation that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. WITNESS my hand and official seal hereto affixed the day and year first above written. xt~Y-!2i~ Notary Public ~d for the State of Washington Residing at . ~ 1 IJ {)_, My commissionexplres:=79'.. !)3 ..._<';(u.:;;a. .. f) J.. . 0-r n ~ /'-c-r ~ -e r [Type or Print Notary Name] Renton Lakeshore Landing CCRs (Closing) 20041226 Page 11 of 15 EXHIBIT A LEGAL DESCRIPTION Of Property 20041228001811.012 Lots 1, 2, 3, and 4, Boeing Lakeshore Landing, a Binding Site Plan, recorded under Recording No. 20041223000856. Situate in the City of Renton, County of King, State of Washington. Renton Lakeshore Landing CCRs (Closing) 20041226 Page 12 of 15 Parcel: 7223000105 EXHIBITB LEGAL DESCRIPTION Of Retained Property 20041228001871.013 1·24 &RENTON FARM ACREAGEADDALL LOTS 1 & 2 BLK4 TGWVACALLEY ADJ TGW ALL LOTS 1 THRU 5 BLK 3 OF SD PLAT TGW VAC N 7TH ST(CALIFORNIA AVE) & VAC ALLEY ADJTGW POR OF NW 1/4 OF SW 1/4 OFSEC 8·23·5 DAF • E 100 FT LYN OF C/L OF SD N 7TH ST PROJ WL YLESS N 60 FT THOF & LESS W 10 FTOF POR LY SLY OF N 300 FT THOFALSO LESS POR DESC UNDER AUDITOR FILE #3325235 • TGW POR OF SDNW 1/4 OF SW 1/4 OAF· E 100 LY SOF C/L OF SD N 7TH ST PROJ WLYLESS S 315 FT THOF & LESS W 10 FT THOF (AKA LOT 2 OF RENTON LLA#B-88 REC #8811169001) • TGWPCL A OF RENTON SHORl" PLAT #93-89REC #8911149006 SD SHORT PLAT DAF • POR OF SD NW 1/4 OF SW 1/4BAAP OF INTSN OF NL Y LN OF SDSUBDWITH NLY PRODUCTION OFWLYMGN OF PARK AVE NTH SLY ALG SD MGN AS PROOUCEDTAPWCH IS715 FTN OF SLY LN OF SDSUBD & THETPOBTH W PLT & DIST OF 715 FT N OF SLN OF SD SUBD TO NL Y PROD OF C/L OF PELL Y AVE (N PELL Y ST) TH SLY ALG SD PRODUCED C/L TAP ON NLYMGN OF N 6TH ST (6TH AVE N) WCHIS 30 FT N OF C/L OF SD N 6TH STTH ELY ALG SD NLY MGNTOWLY MGN OFSD PARK AVE NTHNLY ALG SD WLY MGNTO TPOB LESSS 185 FT OF E 107.50 FT LESS RD Parcel:7223000115 3.4.5 4RENTON FARM ACREAGE ADD Parcel: 7564600055 1 THRU 12 1 &SARTORISVILLE ADDLOrs 1 & 2 OF RENTON SHORT PLAT#282-79 REC #7907109002 TGW LOTS 1 THRU 8 OF BLK 1SD SARTORISVILLE ADD LESS ST TGWW 83.5 FT OF LOT 11 SD BLK LESS N20 FT & TGW W 83.5 FT OF LOT 12 IN SD BLK TGW LOTS 1 THRU 131N BLK 11 OF RENTON FARM PLATLESS ST SD SHORT PLAT OAF ·LOTS 9·10-11-12 BLK 1 SD SARTORISVILLE ADD LESS W 83.80 FTLOT 12 AND LESS W 83.80 FTOF S 30 FT LOT 11 Parcel: 7224000880 10 THRU 1710RENTON FARM PLATLESS E 90 FT OF FOLG N 30 FT LOT10 & LOTS 11 THRU 13 LESS STS TGW POR VAC ALLEY ADJOINING Parcel: 0823059152 082305152BET AT NXN OF N LN OF NW 1/4 OFSW 1/4 WITH W LN OF PARK ST TH STO PT 715 FT N OF S LN OF SUBD TH W TO N PROD OF C/L OF PELL Y ST THS TO PT 660 FT N OF S LN OF SUBDTH W TO PT 586 FT E OF NP R/W TONXN N PROD OF MAIN ST C/L. TH S 630 FT TH W TO E LN OF NP R/WBEL T LN TH N TON LN OF SUBD THE TO BEG LESS RD Parcel: 0823059209 PARCEL B OF CITY OF RENTONSHORT PLAT NO 93-89 RECORDINGNO 8911149006 SD SHORT PLAT DAF • POR OF NW 1/4 OF SW 1/4 -BAAP OF INTSN OF NL Y LN OF SD SUBWITH NLY PRODUCTION OF WLY MGNOF PARK AVE NTH SLY ALG SD MGN AS PRODUCED TAP WCH IS 715 FT NOF SLY LN OF SD SUBD & THE TPOBTH W PLT & DIST OF 715 FT N OF SLN OF SD SUBD TO NL Y PROD OF C/L OF PELLY AVE N PELL Y ST TH SL YALG SD PRODUCED C/L TAP ON NLYMGN OF N 6TH ST 6TH AVE N WCHIS 30 FT N OF C/L OF SD N 6TH ST TH ELY ALG SD NLY MGNTOWLY MGN OF SD PARK AVENTHNLY ALG SD WLY MGNTOTPOB LESSS 185 FT OF E 107.50 FT LESS RD Renton Lakeshore Landing CCRs (Closing) 20041226 Page 13 of 15 2004122800'18 I 1.014 Parcel: 0823059019 082305 19PORTION OF NW 1/4 OF SW 1/4 ·BEGIN INTSN OF W LINE OF PARK STWITH THEN LINE OF SIXTH AVE NTH N ALONG SAID W LINE 185 FTTH WEST 107.50 FEETTH SOUTH 185 FEETTH EAST 107.50 FT TO POB LESS PORTION TO CITY OF RENTONUNDER RECORDING NO 7206090448 &NO 9406070574 Parcel:0823059187 082305 187POR OF GOV LOT 1 IN NW 1/4 OFSEC 08·23·05 TGW POR OFLAKE WASH SHORE LANDS· BEG NE COR OF GOV LOT 1 THN 88-51-05 W ALG N LNOF GOV LOT 1 & ALG WLY PRODOF SD LN 960.01 FT MIL TO WL Y MGN OF ABANDONEDBURLINGTON NORTHERN RAILWAY R/WTH CONTG N 88·51-05 W 761.39 FTM/L TO EXISTING CONCRETE MONUMENT SD MONUMENT BEi NGAN ANGLE POINT ON NL Y LN OFSHUFFLETON STEAM PLANT PROPERTYTH N 43•06-56 W 680.06 FT M/L TO INNER HARBOR LN OF LAKEWASHINGTON SHORE LANDS THS 46-52-27 W 607.89 FTTHS 43-06-56 E 717.73 FT TO TPOB TH S 14·36-26 E 741.50 FTTAP ON NWLY MGN OF ABANDONEDBURLINGTON NORTHERN RAILWAY R/WTH S 50·51-48 W ALG SD ABANDONED R/W 129.32 FTTH N 20·38-24 W 700.81 FTTH N 46-53·04 E 215 FTTH S 43-06-56 E TO TPOB PER CITY OF RENTON LOT LINE ADJNO 004-88 RECORDING N08808309006 Parcel: 0823059204 082305 204POR BN RR 100 FT R/W IN GL 1·2·3 & NW 1/4 OF SW 1/4 OFB-23-5 & IN GL 1 & 2 OF 7- 23-5 ALL LY BTWN PROD OF N LNGTHAVE N & LN EXTNDSELY & RADIALLYTOTRACKC/L FR SUR STN 1068+00& LY SELY OF LN BAAP 25 FT SELY AT RIA FR SD STN TH STRAIGHT SWLYTAP 25 FT NWLY MEAS FR SELY R/WLN AT SUR STN 1074+00TH SWLY TAPON NWLY R/W LN & SEL Y OF SPUR TR STN 8+85.5 & TERM Parcel: 0823059037 082305 37N 630 FT OF S 660 FT OF NW 1/4 OFSW 1/4 LY BET CTR LNS OF PELL YAVE & MAIN ST PROD LESS RD Parcel:0723059001 0723051 POR OF E 1/2 OF SEC 7-23-05 L YEL Y OF CWW #2 & NL Y OF N 6TH STIN SE 1/4 OF SEC LESS NP R/W LESS ST TGW V AC LOGAN ST L YNWL Y OF LN 30 FT NWL Y OF GOVMDR LN TGW 2ND CL SH LOS ADJSUBJ TO TWO 20 FT R/W ESMTS & POR OF SE 1/4 OF SE 1/4 OF SECBEG NXN S MGN OF N6TH STWITHW MGN LOGAN AVE TH SLY ALG SDST 995.34 FTTH S 89·18-45 W TO ELY MGN CWW #2 TH N ALG SDMGN TO S MGN N 6TH ST TH E TOBEG LESS BEG NW COR THOF THSELY ALG WLY LN 328.75 FT TH N 89·45·45 E 366.34 FT TH N00-14-15 W TO S MGN N 6TH STTH W TO BEG LESS 137.70 FT THOFTGW PORS OF NW 1/4 SEC 08-23-05 & SE 1/4 SEC 06- 23-05 & SW 1/4SEC 05·23·05 LY NWL Y OF NP R/W& SWLY OF LN BEG NXN WLY EXT OFN LN OF GL 1 WITH W MGN SD R/W TH W 763.39 FT TH N43·06·56 W 680.06 FT M/L TOINNER HARBOR LN TH S 46-52-27 W ALG SD LN 607.89 FT TO TPOB TH S 43-06-56 E 713.87 FT TH S46·53-04 W 215 FT TH S20-38·24 W TO NWL Y MGN SDNP R/W SUBJ TO SD 20 FT ESMTS LESS BN OPER STRIP ADJPOR OF SELY LN IN SD SEC 08·23·05LESS ST RD #7TGW VAC LOGAN STLY NLY OF SPUR TRACKS TGW BLK C LK WASH SH LOS 3RD SUPPL Parcel: 0723059046 072305 46BEG AT NXN OF S MGN OF 6TH AVE NWITH E MGN OF COM WW# 2 TH S13-29-00 E ALG SD E MGN 328.75 FT TH N 89-45-45 E PLL TO & 320 FTS OF 6TH AVE N 366.34 FT TH N00-14- 15 W 320 FT TO S MGN OF6TH AVE NTH S 89·45·45 W ALG SD S MGN 493.02 FT TO BEG Parcel: 0723059100 072305 100ABAND0NED RR RN/ OVER E 1/20F STR 07-23-05 & W 1/2 OFSW 1/4 OF STR 08·23·05 LY BET N MGN OF NO 4TH ST & SOMGN NO 6TH ST Renton Lakeshore Landing CCRs (Closing) 20041226 Page 14 of 15 BUT EXCLUDING Lots 1, 2, 3, and 4, Boeing Lakeshore Landing, a Binding Site Plan, recorded under Recording No. 20041223000856. Situate in the City of Renton, County of King, State of Washington. Renton Lakeshore Landing CCRs (Closing) 20041226 Page 15 of 15 20041228001811.0'l ! --·· 20050401000761.001 RECORDING REQUESTED BY AND WHEN RECORDED MAil... TO: Douglas W. Anderson, Esq. Barack Ferrazzano Kirschbaum Perlman & N agelberg LLP ·· 11111111111111111 20050401000761 333 W. Wacker Drive, Suite 2700 Chicago, Illinois 60606 FIRST RMERICRN OT 84.00 PRGE001 OF 026 04/01/2005 11:38 KING COUNTY, ~R [SPACE ABOVE LINE FOR RECORDER'S USE ONLY] Document Title: Deed of Trust, Assignment, Security Agreement and Fixture Filing Grantor: Transwestem Harvest Lakcshore, L.L.C. ~ / s;O s:-5"' 3 Grantee: Bank of Amenca, N.A. ~ !ST AM Legal Description: , Abbreviated Legal Description: Lots 1, 2, 3 and 4, Boeing Lakeshore Landing, BSP Recording No. 20041223000856 Full Legal Description: See Exhibit A attached Assessor's Tax Parcel Nos.: 082305-9220-05, 082305-9221-04, 082305-9011-08, 082305- 9222-03, 082305-9079-07, 082305-9204-05, 082305-9037-08, and 082305-9152-07 Reference Nos. of Documents Releas_ed or Assigned: Not applicable This Document Serves as a Fixture Filing Under the Washington Uniform Commercial Code. Debtor's Organizational Identification Number: 3901152 DEED OF TRUST, ASSIGN1\1ENT, SECURITY AGREEMENT AND FIXTURE FILING This Deed of Trust, Assignment, Security Agreement and Fixture Filing (this "Deed of Trust") is made as of March30, 2005, by TRANSWESTERN HARVEST LAKESHORE, L.L.C., a Delaware limited liability company ("Gran tor"), whose address is 150 N, Wacker Drive, Suite 800, Chicago, Illinois 60606, as grantor, in favor of PRLAP, INC., a Washington corporation ("Initial Trustee"), whose address is P.O. Box 2240, Brea, CA 92822, as trustee, for the benefit of BANK OF AMERICA, N.A., a national banking association (together with any and all of its successors, participants and assigns, "Lender"), whose address is 231 S. LaSalle, Chicago, Illinois 60697, as beneficiary. 277985_5.DOC .j. 20050401000761.002 RECITALS Grantor has requested that Lender make the Loan (as hereinafter defined) to Grantor. As a condition precedent to making the Loan, Lender has required that Grantor execute and deliver this Deed of Trust, Assignment, Security Agreement and Fixture Filing to Trustee and Lender. GRANTS AND AGREEMENTS Now, therefore, in order to induce Lender to make the Loan to Gran tor, Grantor agrees as follows: Article I Definitions As used in this Deed of Trust, the terms defined in the Preamble hereto shall have the respective meanings specified therein, and the following additional terms shall have the meanings specified: "Accessories" means all fixtures, equipment, systems, machinery, furniture, furnishings, appliances, inventory, goods, building and construction materials, supplies and other articles of personal property, of every kind and character, tangible and intangible (including software embedded therein), now owned or hereafter acquired by Granter, which are now or hereafter attached to or situated in, on or about the Land or Improvements, or used in or necessary to the complete and proper planning, development, use, occupancy or operation thereof, or acquired (whether delivered to the Land or stored elsewhere) for use or installation in or on the Land or Improvements, and all Additions to the foregoing, all of which are hereby declared to be permanent accessions to the Land. "Accounts" means all accounts of Grantor within the meaning of the Uniform Commercial Code of the State, derived from or arising out of the use, occupancy or enjoyment of the Property or for services rendered therein or thereon. "Additions" means any and all alterations, additions, accessions and improvements to property, substitutions therefor, and renewals and replacements thereof. "Beneficiary" means Lender and its successors and assigns. "Boeing Work" means that demolition and remediation and other work undertaken by Boeing pursuant to (i) that certain Agreement of Purchase and Sale and Joint Escrow Instructions dated as of November 23, 2004, between Borrower and The Boeing Company, as supplemented by Supplemental Agreement of Purchase and Sale and Joint Escrow Instructions Agreement dated as of November 23, 2004, and (ii) that certain Demolition Agreement dated as of December 28, 2004 between Borrower and The Boeing Company. 27798S_5.DOC -2- 20050401000761.003 "Claim" means any liability, suit, action, claim, demand, loss, expense, penalty, fine, judgment or other cost of any kind or nature whatsoever, including fees, costs and expenses of attorneys, consultants, contractors and experts. "Condemnation" means any taldng of title to, use of, or any other interest in the Property under the exercise of the power of condemnation or eminent domain, whether temporarily or permanently, by any Governmental Authority or by any other Person acting under or for the benefit of a Governmental Authority. "Condemnation Awards" means any and all judgments, awards of damages (including severance and consequential damages), payments, proceeds, settlements, amounts paid for a taking in lieu of Condemnation, or other compensation heretofore or hereafter made, including interest thereon, and the right to receive the same, as a result of, or in connection with, any Condemnation or threatened Condemnation. "Contract of Sale" means any contract f'or the sale of all or any part of the Property or any interest therein, whether now in existence or hereafter executed. "Deed of Trust" means this Deed of Trust, Assignment, Security Agreement and Fixture Filing, as the same may from time to time be extended, amended, restated, supplemented or otherwise modified. "Default" means an event or circumstance which, with the giving of Notice or lapse of time, or both, would constitute an Event of Default under the provisions of this Deed of Trust. "Design and Construction Documents" means, collectively, (a) all contracts for services to be rendered, work to be performed or materials to be supplied in the development of the Land or the construction or repair of Improvements, including all agreements with architects, engineers or contractors for such services, work or materials; (b) all plans, drawings and specifications for the development of the Land or the construction or repair of Improvements; (c) all permits,.licenses, variances and other rights or approvals issued by or obtained from any Governmental Authority or other Person in connection with the development of the Land or the construction or repair of Improvements; and (d) all amendments of or supplements to any of the foregoing. "Encumbrance" means any Lien, easement, right of way, roadway (public or private), condominium regime, cooperative housing regime, condition, covenant or restriction (including any CC&Rs in connection with any condominium development or cooperative housing development), Lease or other matter of any nature that would affect title to the Property. "Environmental Agreement" means the Environmental Indemnification and Release Agreement of even date herewith by and between Grantor and Lender pertaining to the Property, as the same may from time to time be extended, amended, restated or otherwise 277985 _S.DO: -3- 20050401000761.00'4 modified. The Environmental Agreement is one of the Loan Documents, but this Deed of Trust does not secure the obligations of Grantor under the Environmental Agreement. "Event of Default" means an event or circumstance specified in Article VI and the continuance of such event or circumstance beyond the applicable grace and/or cure periods therefor, if any, set forth in Article VI. "Expenses" means all fees, charges, costs and expenses of any nature whatsoever incurred at any time and from time to time (whether before or after an Event of Default) by Beneficiary or Trustee in making, funding, administering or modifying the Loan, in negotiating or entering into any "workout" of the Loan, or in exercising or enforcing any rights, powers and remedies provided in this Deed of Trust or any of the other Loan Documents, including reasonable attorneys' fees, court costs, receiver's fees, management fees and costs incurred in the repair, maintenance and operation of, or taking possession of, or selling, the Property. "Governmental Authority" means any governmental or quasi-governmental entity, including any court, department, commission, board, bureau, agency, administration, service, district or other instrumentality of any governmental entity. "Guarantor" means, Asian Realty Partners Il, L.P., and its successors and assigns. "Guaranty" means the Guaranty Agreement of even date herewith executed by Guarantor for the benefit of Lender, as the same may from time to time be extended, amended, restated, supplemented or otherwise modified. "Improvements" means all on-site improvements located on the Land, together with all fixtures, and appurtenances now or later to be located on the Land and/or in such improvements; provided, however, that some or all of the Improvements is in the process of being demolished; it being the intention of Borrower to develop the Project. "Insurance Proceeds" means the insurance claims under and the proceeds of any and all policies of insurance covering the Property or any part thereof, including all returned and unearned premiums with respect to any insurance relating to such Property, in each case whether now or hereafter existing or arising. "Land" means the real property described in Exhibit A attached hereto and made a part hereof. "Laws" means all federal, state and local laws, statutes, rules, ordinances, regulations, codes, licenses, authorizations, decisions, injunctions, interpretations, orders or decrees of any court or other Governmental Authority having jurisdiction as may be in effect from time to time. .4. 20050401000761.00! ''Leases" means all leases, license agreements and other occupancy or use agreements {whether oral or written), now or hereafter existing, which cover or relate to the Property or any part thereof, together with all options therefor, amendments thereto and renewals, modifications and guaranties thereof, including any cash or security deposited under the Leases to secure performance by the tenants of their obligations under the Leases, whether such cash or security is to be held until the expiration of the terms of the Leases or applied to one or more of the installments of rent coming due thereunder. "Lien" means any mortgage, deed of trust, pledge, security interest, assignment, judgment, lien or charge of any kind, including any conditional sale or other title retention agreement, and the filing of, or agreement to give, any financing statement under the Uniform Commercial Code of any jurisdiction. "Loan" means the loan from Beneficiary to Grantor, the repayment obligations in connection with which are evidenced by the Note. "Loan Agreement" means the Term Loan Agreement of even date herewith between Grantor and Lender which sets forth, among other things, the terms and conditions upon which the proceeds of the Loan will be disbursed, as the same may from time to time be extended, amended, restated, supplemented or otherwise modified. "Loan Documents" means this Deed of Trust, the Note, the Guaranty, the Environmental Agreement, the Loan Agreement, any Swap Contract, any application or reimbursement agreement executed in connection with any Letter of Credit, and any and all other documents which Grantor, Guarantor or any other party or parties have executed and delivered, or may hereafter execute and deliver, to evidence, secure or guarantee the Obligations, or any part thereof, as the same may from time to time be extended, amended, restated, supplemented or otherwise modified. "Note" means the Promissory Note of even date herewith in the original principal amount of Thirty Million and No/100 Dollars ($30,000,000) made by Grantor to the order of Lender, as the same may from time to time be extended, amended, restated, supplemented or otherwise modified. "Notice" means a notice, request, consent, demand or other communication given in accordance with the provisions of Section 9.8 of this Deed of Trust. "Obligations" means all present and future debts, obligations and liabilities of Gran tor to Beneficiary and/or Trustee arising pursuant to, and/or on account of, the provisions of this Deed of Trust, the Note or any of the other Loan Documents, including the obligations: (a) to pay all principal, interest, late charges, prepayment premiums (if any) and other amounts due at any time under the Note; (b) to pay all Expenses, indemnification payments, fees and other amounts due at any time under this Deed of Trust or any of the other Loan Documents, together with interest thereon as herein or therein provided; (c) to pay and perform all 277985_5.DOC -5- 20050401000761.006 obligations of Grantor under any Swap Contract; (d) to perform, observe and comply with all of the other terrns, covenants and conditions, expressed or implied, which Gran tor is required to perform, observe or comply with pursuant to this Deed of Trust or any of the other Loan Documents; and (e) to pay and perform all future advances and other obligations that Grantor or any successor in ownership of all or part of the Property may agree to pay and/or perform (whether as principal, surety or guarantor) for the benefit of Beneficiary, when a writing evidences the parties' agreement that the advance or obligation be secured by this Deed of Trust; excluding, however, the debts, obligations and liabilities of Grantor under the Environmental Agreement. This Deed of Trust does not secure the Environmental Agreement, the Guaranty or any other Loan Document that is expressly stated to be unsecured. "Permitted Encumbrances" means (a) any matters set forth in any policy of title insurance issued to Beneficiary and insuring Beneficiary's interest in the Property which are acceptable to Beneficiary as of the date hereof, (b) the Liens and interests of this Deed of Trust, (c) any other Encumbrance that Beneficiary shall expressly approve in its sole and absolute discretion, as evidenced by a "marked-up" commitment for title insurance initialed on behalf of Beneficiary; (d) any rights The Boeing Company may have to enter onto the Land and to perform the Boeing Work; and (e) Leases entered into by Borrower that are otherwise permitted by the Loan Documents. "Person" means an individual, a corporation, a partnership, a joint venture, a limited liability company, a trust, an unincorporated association, any Governmental Authority or any other entity. "Personalty" means all personal property of any kind or nature whatsoever, whether tangible or intangible and whether now owned or hereafter acquired, in which Grantor now has or hereafter acquires an interest and which is used in the construction of, or is placed upon, or is derived· from or used in connection with the maintenance, use, occupancy or enjoyment of, the Property, including (a) the Accessories; (b) the Accounts; (c) all franchise, license, management or other agreements with respect to the operation of the Real Property or the business conducted therein (provided all of such agreements shall be subordinate to this Deed of Trust, and Beneficiary shall have no responsibility for the performance of Grantor's obligations thereunder) and all general intangibles (including payment intangibles, trademarks, trade names, goodwill, software and symbols) related to the Real Property or the operation thereof; (d) all sewer and water taps, appurtenant water stock or water rights, allocations and agreements for utilities, bonds, letters of credit, permits, certificates, licenses, guaranties, warranties, causes of action,. judgments, Claims, profits, security deposits, utility deposits, and all rebates or refunds of fees, Taxes, assessments, charges or deposits paid to any Governmental Authority related to the Real Property or the operation thereof; (e) all insurance policies held by Grantor with respect to the Property or Grantor's operation thereof; and (f) all money, instruments and documents (whether tangible or electronic) arising from or by virtue of any transactions related to the Property, and all deposits and deposit accounts of Grantor with Beneficiary related to the Property, including any such deposit account from 277H5_S.D0C -6- 20050401000761.007 which Gran tor may from time to time authorize Beneficiary to debit and/or credit payments due with respect to the Lo<J.Il; together with all Additions to and Proceeds of all of the foregoing. "Proceeds" when used with respect to any of the Property, means all proceeds of such Property, including all Insurance Proceeds and all other proceeds within the meaning of that term as defined in the Uniform Commercial Code of the State. "Property" means the Real Property and the Personalty and all other rights, interests and benefits of every kind and character which Grantor now has or hereafter acquires in, to or for the benefit of the Real Property and/or the Personalty and all other property and rights used or useful in connection therewith, including all Leases, all Rents, all Condemnation Awards, all Proceeds, and all of Grantor's right, title and interest in and to all Design and Construction Contracts, and all Contracts of Sale. "Property Assessments" means all Taxes, payments in lieu of taxes, water rents, sewer rents, assessments, condominium and owner's association assessments and charges, maintenance charges and other governmental or municipal or public or private dues, charges and levies and any Liens (including federal tax liens) which are or may be levied, imposed or assessed upon the .Property or any part thereof, or upon any Leases or any Rents, whether levied directly or indirectly or as excise taxes, as income taxes, or otherwise. "Real Property" means the Land and Improvements, together with (a) all estates, title interests, title reversion rights, remainders, increases, issues, profits, rights of way or uses, additions, accretions, servitudes, strips, gaps, gores, liberties, privileges, water rights, water courses, alleys, passage.s, ways, vaults, licenses, tenements, franchises, hereditarnents, appurtenances, easements, rights-of-way, rights of ingress or egress, parking rights, timber, crops, mineral interests and other rights, now or hereafter owned by Grantor and belonging or appertaining to the Land or Improvements; (b) all Claims whatsoever of Granter with respect to the Land or Improvements, either in law or in equity, in possession or in expectancy; and (c) all estate, right, title and interest of Grantor in and to all streets, roads and public places, opened or proposed, now or hereafter adjoining or appertaining to the Land or Improvements. "Rents" means all of the rents, royalties, issues, profits, revenues, earnings, income and other benefits of the Property, or arising from the use or enjoyment of the Property, ineluding all such amounts paid under or arising from any of the Leases and all fees, charges, accounts or other payments for the use or occupancy of rooms or other public facilities within the Real Property. "State" means the state in which the Land is located. "Swap Contract" means any agreement relating to any transaction that is a rate swap, basis swap, forward rate transaction, commodity swap, commodity option, equity or equity index swap or option, bond, note or bill option, interest rate option, forward foreign exchange 2n98S_S.DOC -7- 20050401000761.00E transaction, interest cap, collar or floor transaction, currency swap, cross-currency rate swap, swap option, currency option or any other similar transaction (including any option to enter into the foregoing) or any combination of the foregoing, and, unless the ~ontext otherwise clearly requires, any form of master agreement published by the International Swaps and Derivatives Association, Inc., or any · other master agreement, entered into between Beneficiary (or its affiliate) and Grantor (or its affiliate) in connection with the Loan, together with any related schedules and confirmations, as amended, supplemented, superseded or replaced from time to time, relating to or governing any or all of the foregoing, but only if the Swap Contract is evidenced by a writing reciting that it is secured by this Deed of Trust. "Taxes" means all taxes and assessments, whether general or special, ordinary or extraordinary, or foreseen or unforeseen, which at any time may be assessed, levied, confirmed or imposed by any Governmental Authority or any community facilities or other private district on Gran tor or on any of its properties or assets or any part thereof or in respect of any of its franchises, businesses, income or profits. "Transfer" means any direct or indirect sale, assignment, conveyance or transfer, whether made voluntarily or by operation of Law or otherwise, and whether made with or without consideration. "Trustee" means the Initial Trustee or its successor in trust who may be acting under and pursuant to this Deed of Trust from time to time. Article II Granting Clauses; Condition of Grant Section 2.1 Conveyances and Security Interests. In order to secure the prompt payment and performance of the Obligations, Grantor (a) hereby irrevocably and unconditionally grants, conveys, transfers and assigns to Trustee, in trust, for the benefit of Beneficiary, with power of sale and right of entry and possession, all estate, right, title and interest that Grantor now has or may later acquire in and to the Real Property; (b) grants to Beneficiary a security interest in the Personalty; (c) assigns to Beneficiary, and grants to Beneficiary a security interest in, all Condemnation Awards and all Insurance Proceeds; and (d) assigns to Beneficiary, and grants to Beneficiary a security interest in, all of Grantor's right, title and interest in, but not any of Grantor's obligations or liabilities under, all Design and Construction Documents, and all Contracts of Sale. All Persons who may have or acquire an interest in all or any part of the Property will be deemed to have notice of, and will be bound by, the terms of the Obligations and each other agreement or instrument made or entered into in connection with each of the Obligations. Such terms include any provisions in the Note, the Loan Agreement or any Swap Contract which provide that the interesr rate on one or more of the Obligations may vary from time to time. -8- 20050401000761.00! GRANTOR REPRESENTS AND WARRANTS THAT THE REAL PROPERTY CONVEYED BY TIDS DEED OF TRUST IS NOT USED PRINCIPALLY FOR AGRICULTURAL PURPOSES. Section 2.2 Absolute Assignment of Leases and Rents. In consideration of the making of the Loan by Beneficiary to Grantor and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor absolutely and unconditionally assigns the Leases and Rents to Beneficiary. This assignment is, and is intended to be, an unconditional, absolute and present assignment from Grantor to Beneficiary of all of Grantor's right, title and interest in and to the Leases and the Rents and not an assignment in the nature of a pledge of the Leases and Rents or the mere grant of a security interest therein'. So long as no Event of Default shall exist, however, Grantor shall have a license (which license shall terminate automatically and without notice upon the occurrence of an Event of Default) to collect, but not prior to accrual, all Rents. Gran tor agrees to collect and hold all Rents in trnst for Beneficiary and to use the Rents for the payment of the cost of developing, operating and maintaining the Property and for the payment of the other Obligations before using the Rents for any other purpose. Section 2.3 Security Agreement, Fixture Filing and Financing Statement. This Deed of Trust creates a security interest in the Personalty, and, to the extent the Personalty is not real property, this Deed of Trust constitutes a security agreement from Grantor to Beneficiary under the Uniform Commercial Code of the State. In addition to all of its other rights under this Deed of Trust and otherwise, Beneficiary shall have all of the rights of a secured party under the Uniform Commercial Code of the State, as in effect from time to time, or under the Uniform Commercial Code in force from time to time in any other state to the extent the same is applicable Law. This Deed of Trust shall be effective as a financing statement filed as a fixture filing with respect to all fixtures included within the Property and is to be filed for record in the real estate records of each county where any part of the Property (including such fixtures) is situated. This Deed of Trust shall also be effective as a financing statement with respect to any other Property as to which a security interest may be perfected by the filing of a financing statement and may be filed as such in any appropriate filing or recording office. The respective mailing addresses of Grantor and Beneficiary are set forth in the opening paragraph of this Deed of Trust. A carbon, photographic or other reproduction of this Deed of Trust or any other financing statement relating to this Deed of Trust shall be sufficient as a financing statement for any of the purposes referred to in this Section. Grantor hereby irrevocably authorizes Beneficiary at any time and from time to time to file any initial financing statements, amendments thereto and continuation statements as authorized by applicable Law, reasonably required by Beneficiary to establish or maintain the validity, perfection and priority of the security interests granted in this Deed of Trust. Section 2.4 Reconveyance of Deed of Trust and Termination of Assignments and Financing Statements. If and when Grantor has paid and performed all of the Obligations, Trustee, upon request by Beneficiary, will provide a reconveyance of the Property from the lien of this Deed of Trust and termination statements for filed financing statements, if any, to 277985_5.DOC -9- 20050401000761.010 Grantor. Grantor _shall be responsible for the recordation of such reconveyance and the payment of any recording and filing costs. Upon the recording of such reconveyance and the filing of such termination statements, the absolute assignments set forth in Section 2.2 shall automatically terminate and become null and void. Article III Representations and Warranties Grantor makes the following representations and warranties to Beneficiary: .. Section 3.1 Title to Real Property. Grantor (a) owns fee simple title to the Real Property, (b) owns all of the beneficial and equitable interest in and to the Real Property, and (c) is lawfully seized and possessed of the Real Property. Grantor has the right and authority to convey the Real Property and does hereby convey the Real Property with general warranty. The Real Property is subject to no Encumbrances other than the Permitted Encumbrances. Section 3.2 Title to Other Property. Grantor has good title to the Personalty, and the Personalty is not subject to any Encumbrance other than the Permitted Encumbrances. None of the Leases, Rents, Design ·and Construction Documents, and Contracts of Sale are subject to any Encumbrance other than the Pennitted Encumbrances. Section 3.3 Property Assessments. The Real Property is assessed for purposes of Property Assessments as a separate and distinct parcel froni any other property, such that the Real Property shall never become subject to the Lien of any Property Assessment~ levied or assessed against any property other than the Real Property. Article JV Affirmative Covenants Section 4.1 Obligations. Grantor agrees to promptly pay and perform all of the Obligations, time being of the essence in each case. Section 4.2 Property Assessments; Documentary Taxes. Grantor (a) will promptly pay in full and discharge all Property Assessments, and (b) will furnish to Beneficiary, upon demand, the receipted bills for such Property Assessments prior to the day upon which the same shall become delinquent. Property Assessments shall be considered delinquent as of the first day any interest or penalty commences to accrue thereon. Grantor will promptly pay all stamp, documentary, recordation, transfer and intangible truces and all other truces that may from time to time be required to be paid with respect to the Loan, the Note, this Deed of Trust or any of the other Loan Documents. Section 4.3 Permitted Contests. Grantor shall not be required to pay any of the Property Assessments, or to comply with any Law, so long as Grantor shall in good faith, and at its cost and expense, contest the amount or validity thereof, or take other appropriate action with respect thereto, in good faith and m an appropriate manner or by appropriate 2779&5_5.JXX -10- 20050401000761.011 proceedings; provided that (a) such proceedings operate to prevent the collection of, or other realization upon, such Property Assessments or enforcement of the Law so contested, (b) there will be no sale, forfeiture or loss of the Property during the contest, ( c) neither Beneficiary nor Trustee is subjected to any Claim as a result of such contest, and (ct) Grantor provides assurances satisfactory to Beneficiary (including the establishment of an appropriate reserve account with Beneficiary) of its ability to pay such Property Assessments or comply with such Law in the event Grantor is unsuccessful in its contest. Each such contest shall be promptly prosecuted to final conclusion or settlement, and Grantor shall indemnify and save Beneficiary and Trustee harmless against all Claims in connection therewith. Promptly after the settlement or conclusion of such contest or action, Grantor shall comply with such Law and/or pay and discharge the amounts which shall be levied, assessed or imposed or determined to be payable, together with all penalties, fines, interests, costs and expenses in connection therewith. Section 4.4 Compliance with Laws. Grantor wiil comply witl1 and not violate, and cause to be complied with and not violated, all present and future Laws applicable to the Property and its use and operation. Lender acknowledges that the Boeing Work is being completed by The Boeing Company. Section 4.5 Intentionally Deleted. Section 4.6 Additions to Security. All right, title and interest of Grantor in and to all Improvements and Additions hereafter constructed or placed on the Property and in and to any Accessories hereafter acquired shall, .wiiliout any further deed of trust, conveyance, assignment or other act by Grantor, become subject to the Lien of this Deed of Trust as fully and completely, and with the same effect, as though now owned by Grantor and specifically described in the granting clauses hereof. Gran tor agrees, however, to execute and deliver to Trustee and/or Beneficiary such furthe_r documents as may be required by the terms of the Loan Agreement and the other Loan Documents. Section 4.7 Subrogation. To the extent permitted by Law, Beneficiary shall be subrogated, notwithstanding its release of record, to any Lien now or hereafter existing on the Property to the extent that such Lien is paid or discharged by Beneficiary whether or not from the proceeds of the Loan. This Section shall not be deemed or construed, however, to obligate Beneficiary to pay or discharge any Lien. Section 4.8 Leases. (a) Without the prior written consent of Beneficiary, Grantor shall not enter into any Lease with respect to all or any portion of the Property that would cause Grantor to violate any provision of the Loan Agreement. (b) Neither Trustee nor Beneficiary shall be obligated to perform or discharge any obligation of Grantor under any Lease. The assignment of Leases provided for 2779&$ _ _5.DOC -II· 20050401000761.012 in this Deed of Trust in no manner places on Beneficiary or Trustee any responsibility for (i) the control, care, management or repair of the Property, (ii) the carrying out of any of the terms and conditions of the Leases, (iii) any waste committed on the Property, or (iv) any dangerous or defective condition on the Property (whether known or unknown). (c) No approval of any Lease by Beneficiary shall be for any purpose other than to protect Beneficiary's security and to preserve Beneficiary's rights under the Loan Documents, and no such approval shall result in a waiver of a Default or Event of Default. Section 4.9 Insurance. Grantor will at all times keep the Property insured in the manner and to the extent required in the Loan Agreement. In addition, if the area where the Property is located is now or in the future designated as a special flood hazard area pursuant to the Flood Disaster Protection Act of 1973 (as amended), and if the community where the Property is located is participating in the National Flood Insurance Program, Grantor will obtain and continuously maintain a National Flood Insurance Program Standard Flood Insurance Policy or equivalent covering the Property. Beneficiary may, from time to time, require such additional insurance as Beneficiary may determine is reasonably necessary to protect Beneficiary's Lien hereunder or to assure repayment of all the Obligations. Section 4.10 Insurance/Condemnation Proceeds. All Insurance/Condemnation Awards will be paid to Beneficiary for application to the Obligations in the manner and to the extent provided in the Loan Agreement. Section 4.11 Beneficiary's Right to Cause Performance of Covenants. If Grantor fails to maintain any insurance and pay the premiums for insurance as required in Section 4.9, to pay all taxes, penalties, assessments, charges, and claims as required in Sections 4.2 and 4.3, or if Gran tor fails to keep or perform any of Grantor's other covenants herein, Beneficiary may obtain such insurance, pay such tax.es, penalties, assessments, charges, or claims, or cause such other covenants to be performed. Grantor will pay to Beneficiary on demand all amounts paid by Beneficiary for the foregoing and the amount of all expenses incurred by Beneficiary in connection therewith, together with interest thereon from the date when incurred. Such amounts and interest are secured by trns Deed of Trust, which creates a Lien in the Property prior to any right, title, interest, lien, or claim in or upon the Property subordinate to the Lien of this Deed of Trust. Any such payments by Beneficiary will not be deemed a waiver of any Default. Beneficiary is not obligated to exercise Beneficiary's rights under this Section and is not liable to Gran tor for any failure to do so. Article V Negative Covenants Section 5.1 Encumbrances. Grantor will not permit any of the Property to become subject to any Encumbrance other than the Pennitted Encumbrances. Within thirty (30) days after the filing of any mechanic's lien or other Lien or Encumbrance against the Property, Grantor will promptly discharge the same by payment or filing a bond or otherwise as 2779&'>_5.DOC -12- 20050401000761.01! permitted by Law. So long as Beneficiary's security has been protected by the filing of a bond or otherwise in a manner satisfactory to Beneficiary in its sole and absolute discretion, Grantor shall have the right to contest in good faith any Claim, Lien or Encumbrance, provided that Grantor does so diligently and without prejudice to Beneficiary or delay in completing construction of the hnprovcments. Grantor shall give Beneficiary Notice of any default under any Lien and Notice of any foreclosure or threat of foreclosure with respect to any of the Property. Section 5.2 Transfer of the Property. Grantor will not Transfer, all or any part of the Property (except for certain Transfers of the Accessories expressly permitted in this Deed of Trust). The Transfer of any of the general partnership interest in Grantor, if Grantor is a general partnership, or the Transfer of any membership interests in Grantor which would result in Transwestern Lakeshore, L.L.C. having less than 51 % of the membership interest in Grantor (whether in one or more transactions during the term of the Loan) shall be deemed to be a prohibited Transfer of the Prope1ty. Section 5.3 Intentionally Deleted. Section 5.4 Additional hnprovements. Grantor will not construct any Improvements other than those presently on the Land and those described in the Loan Agreement without the prior written consent of Beneficiary. Grantor will complete and pay for, within a reasonable time, any Jmprovements which Grantor is permitted to construct on the Land. Grantor will .construct and erect any permitted Improvements (a) strictly in accordance with all applicable Laws and any private restrictive covenants, (b) entirely on lots or parcels of the Land, {c) so as not to encroach upon any easement or right of way or upon the land of others, and (d) wholly within any building restriction and setback lines applicable to the Land. Section 5.5 Restrictive Covenants, Zoning, etc. Without the prior written consent of Beneficiary, Grantor will not initiate, join in, or consent to any change in, any restrictive covenant, easement, zoning ordinance, or other public or private restrictions limiting or defining the uses which may be made of the Property. Grantor (a) will promptly perform and observe, and cause to be performed and observed, all of the terms and conditions of all agreements affecting the Property, and (b) will do or cause to be done all things necessary to preserve intact and unimpaired any and all easements, appurtenances and other interests and rights in favor of, or constituting any portion of, the Property. Article VI Events of Default The occurrence or happening, from time to time, of any one or more of the following shall constitute .an Event of Default under this Deed of Trust: 277985_5.DOC -13- 20050401000761.014 Section 6.1 Payment Obligations. Borrower fails to (i) make any payment of principal or interest under the Note within ten (10) days after the date when due, or (ii) comply with any other covenant contained in this Agreement to pay money, and does not cure that failure within fifteen (15) days after written notice from Lender. Section 6.2 Transfers. Grantor Transfers, all or any part of the Property (except for Transfers of the Accessories expressly permitted under this Deed of Trust). The Transfer of any membership interests in Grantor which would result in Transwestem Lakeshore, L.L.C. having less than 51 % of the membership interest in Grantor (whether in one or more transactions during the term of the Loan) shall be deemed to be a prohibited Transfer of the Property constituting an Event of Default. Section 6.3 Other Obligations. Grantor fails to promptly perform or comply with any of the Obligations set forth in this Deed of Trust (other than those expressly described in other Sections of this Article VD, and such failure continues uncured for a period of thirty (30) days after Notice from Beneficiary to Grantor, unless (a) such failure, by its nature, is not reasonably capable of being cured within such period, and (b) within such period, Gran tor commences to cure such failure and thereafter diligently prosecutes the cure thereof, and (c) Grantor causes such failure to be cured no later than ninety (90) days after the date of such Notice from Beneficiary. Section 6.4 Event of Default Under Other Loan Documents. An Event of Default (as defined therein) occurs under the Note or the Loan Agreement, or Grantor or Guarantor fails to promptly pay, perform, observe or comply with any obligation or agreement contained in any of the other Loan Documents (within any applicable grace or cure period). Section 6.5 Change in Zoning or Public Restriction. Any material change in any zoning ordinance or regulation or any other public restriction is enacted, adopted or implemented that limits or defines the uses which may be made of the Property such that the present or intended use of the Property, as specified in the Loan Documents, would be in violation of such zoning ordinance or regulation or public restriction, as changed. Section 6.6 Intentionally Deleted. Section 6. 7 Default Under Other Llen Documents. A default occurs under any other mortgage, deed of trust or security agreement covering the Property. Section 6.8 Execution: Attachment Any execution or attachment is levied against any of the Property, and such execution or attachment is not set aside, discharged or stayed within sixty (60) days after the same is levied. 2779S5_5D0C Article VII Rights and Remedies · 14- 20050401000761.015 Upon the happening of any Event of Default, Beneficiary, or Trustee at the direction of Beneficiary, shall have the right, in addition to any other rights or remedies available to Beneficiary under any of the Loan Documents or applicable Law, to exercise any one or more of the following rights, powers or remedies: Section 7.1 Acceleration. Beneficiary may accelerate all Obligations under the Loan Documents whereupon such Obligations shall become immediately due and payable, without notice of default, notice of acceleration or intention to accelerate, presentment or demand for payment, protest, notice of protest, notice of nonpayment or dishonor, or notices or demands of any kind or character, all of which are hereby waived by Grantor. Section 7 .2 Appraisal; Inspection. Beneficiary may pay such sums as may be necessary to obtain a current appraisal of the Real Property and/or 0th.er Property, to inspect and test the Real Property and /or other Property, to pay any tax, assessment, insurance premium, lien, encumbrance or other charge against the Property, to obtain a title report and/or Trustee's sale guaranty, all such expenditures to be paid by Grantor on demand and added to the Obligations. Section 7.3 Exercise of Legal Rights; Foreclosure; Power of Sale. Beneficiary may exercise any one or more of its rights and remedies under the Loan Documents and applicable Jaw including, without limitation, foreclosure of this Deed of Trust judicially as a mortgage or non-judicially pursuant to the power of sale granted herein. Trustee may sell the Property in its entirety or in parcels, and by one or by several sales, as deemed appropriate by Trustee in its sole and absolute discretion. If Trustee chooses to have more than one foreclosure sale, Trustee may cause the foreclosure sales to be held simultaneously or successively, on the same day, or on such different days and at such different times as Trustee may elect. Trustee shall receive and apply the proceeds from the sale of the Property, or any portion thereof, in accordance with applicable Law. Grantor and the holder of any subordinate lien or security interest with actual or constructive notice of this Deed of Trust waive any equitable, statutory or other right to require marshalling of assets or to direct the order in which the Property will be sold. Section 7.4 Collection of Rents. Upon the occurrence of an Event of Default, the license granted to· Grantor to collect the Rents shall be automatically and immediately revoked, without further notice to or demand upon Grantor. Beneficiary may, but shall not be obligated to, perform any or all obligations of the landlord under any or all of the Leases, and Beneficiary may, but shall not be obligated to, exercise and enforce any or all of Grantor's rights under the Leases. Without limitation to the generality of the foregoing, Beneficiary may notify the tenants under the Leases that all Rents are to be paid to Beneficiary, and following such notice all Rents shall be paid directly to Beneficiary and not to Grantor or any other Person other than as directed by Beneficiary, it being understood that a demand by Beneficiary on any tenant under the Leases for the payment of Rent shall be sufficient to warrant payment by such tenant of Rent to Beneficiary without the necessity of further consent by Grantor. Granter hereby irrevocably authorizes and directs the tenants under the 2779&5_5.DOC -15- 20050401000761.016 Lease to pay all Rents to Beneficiary instead of to Grantor, upon receipt of written notice from Beneficiary, without the necessity of any inquiry of Gran tor and without the necessity of determining the existence or non-existence of an Event of Default. Grantor hereby appoints Beneficiary as Grantor's attorney-in-fact with full power of substitution, which appointment shall take effect upon the occurrence of an Event of Default and is coupled with an interest and is irrevocable prior to the full and final payment and performance of the Obligations, in Grantor's name or in Beneficiary's name: (a) to endorse all checks and other instruments received in payment of Rents and to deposit the same in any account selected by Beneficiary; (b) to give receipts and releases in relation thereto; (c) to institute, prosecute and/or settle actions for the recovery of Rents; (d) to modify the terms of any Leases including terms relating to the Rents payable thereunder; (e) to cancel any Leases; (f) to enter into new Leases; and (g) to do all other acts and things with respect to the Leases and Rents which Beneficiary may deem necessary or desirable to protect the security for the Obligations. Any Rents received shall be applied first to pay all Expenses and next in reduction of the other Obligations. Grantor shall pay, on demand, to Beneficiary, the amount of any deficiency between (i) the Rents received by Beneficiary, and (ii) all Expenses incurred together with interest thereon as provided in the Loan Agreement and the other Loan Documents. Section 7.5 Taking Possession or Control of the Property. As a matter of right without bond and without regard to the adequacy of the security, and to the extent permitted by Law without notice to Grantor, Beneficiary shall be entitled, upon application to a court of competent jurisdiction, to the immediate appointment of a receiver for all or any part of the Property and the Rents, whether such receivership may be incidental to a proposed sale of the Property or otherwise, and Grantor hereby consents to the appointment of such a receiver and agrees that such receiver shall have all of the rights and powers granted to Beneficiary pursuant to Section 7.4. In addition, to the extent permitted by Law, and with or without the appointment of a receiver, or an application therefor, Beneficiary may (a) enter upon, and take possession of (and Grantor shall surrender actual possession of), the Property or any part thereof, without notice to Grantor and without bringing any legal action or proceeding, or, if necessary by force, legal proceedings, ejectment or otherwise, and (b) remove and exclude Grantor and its agents and employees therefrom. Section 7.6 Management of the Property. Upon obtaining possession of the Property or upon the appointment of a receiver as described in Section 7.5, Beneficiary, Trustee or the receiver, as the case may be, may, at its sole option, (a) make all necessary or proper repairs and Additions to or upon the Property, (b) operate, maintain, control, make secure and preserve the Property, and (c) complete the construction of any unfinished Improvements on the Property and, in connection therewith, continue any and all outstanding contracts for the erection and completion of such Improvements and make and enter into any further contracts which may be necessary, either in their or its own name or in the name of Grantor .(the costs of completing such Improvements shall be Expenses secured by this Deed of Trust and shall accrue interest as provided in the Loan Agreement and the other Loan Documents). Beneficiary, Trustee or such receiver shall be under no liability for, or by reason of, any such taking of possession, entry, holding, removal, maintaining, operation or -16· 20050401000761.017 management, except for gross negligence or willful misconduct. The exercise of the remedies provided in this Section shall not cure or waive any Event of Default, and the enforcement of such remedies, once commenced, shall continue for so Jong as Beneficiary shall elect, notwithstanding the fact that the exercise of such remedies may have, for a time, cured the original Event of Default. Section 7.7 Uniform Commercial Code. Beneficiary may proceed under the Uniform Commercial Code as to all or any part of the Personalty, and in conjunction therewith may exercise all of the rights, remedies and powers of a secured creditor under the Uniform Commercial Code. Upon the occurrence of any Event of Default, Grantor shall assemble all of the Accessories and make the same available within the Improvements. Any notification required by the Uniform Commercial Code shall be deemed reasonably and properly given if sent in accordance with the Notice provisions of this Deed of Trust at least ten (10) days before any sale or other disposition of the Personalty. Disposition of the Personalty shall be deemed commercially reasonable if made pursuant to a public sale advertised at least twice in a newspaper of general circulation in the community where the Property is located. It shall be deemed commercially reasonable for the Trustee to dispose of the Personalty without giving any warranties as to the Personalty and specifically disclaiming all disposition warranties. Alternatively, Beneficiary may choose to dispose of some or all of the Property, in any combination consisting of both Personalty and Real Property, in one sale to be held in accordance with the Law and procedures applicable to real property, as permitted by Article 9 of the Uniform Commercial Code. Grantor agrees that such a sale of Personalty together with Real Property constitutes a commercially reasonable sale of the Personalty. Section 7.8 Application of Proceeds. Unless otherwise required by applicable Law, all proceeds from the sale of the Property or any part thereof pursuant to the rights and remedies set forth in this Article VII and any other proceeds received by Beneficiary from the exercise of any of its other rights and remedies hereunder or under the other Loan Documents shall be applied first to pay all Expenses and next in reduction of the other Obligations, in such manner and order as Beneficiary may elect. Section 7.9 Cumulative Remedies; No Waiver. To the fullest extent allowed by Law, all of Beneficiary's and Trustee's rights and remedies specified in the Deed of Trust or in any other· of the Loan Documents are cumulative, not mntually exclusive and not in substitution for any rights or remedies available at law or in equity. Without waiving its rights in the Property, Beneficiary may proceed against Grantor, any other Person obligated to pay or perform the Obligations or against any other security or guaranty for the Obligations, in such order or manner as Beneficiary may elect. Beneficiary's failure to exercise or enforce any of its rights or remedies in the Event of Default shall not constitute a waiver or cure of such Event of Default, or of any subsequent Event of Default, or of Beneficiary's rights or remedies with respect to such Default. 277985_5.00C Article VIII Trustee -17- 20050401000761.018 Section 8.1 Liability of Trustee. Trustee shall have no liability or responsibility for, and make no warranties in connection with, the validity or enforceability of any of the Loan Documents or the description, value or status of title to the Property. Trustee shall be protected in acting upon any notice, request, consent, demac,d, statement, note or other paper or document believed by Trustee to be genuine and to have been signed by the party or parties purporting to sign the same. Trustee shall not be liable for any error of judgment, nor for any act done or step taken or omitted, nor for any mistakes of law or fact, nor for anything which Trustee may do or refrain from doing in good faith, nor generally shall Trustee have any accountability hereunder except for willful misconduct or gross negligence. The powers and duties of Trustee hereunder may be exercised through such attorneys, agents or servants as Trustee may appoint, and Trustee shall have no liability or responsibility for any act, failure to act, negligence or willful conduct of such attorney, agent or servant, so long as the selection was made with reasonable care. In addition, Trustee may consult with legal counsel selected by Trustee, and Trustee shall have no liability or responsibility by reason of any act or failure to act in accordance with the opinions of such counsel. Trnstee may act ·hereunder and may sell or otherwise dispose of tl1e Property or any part thereof as herein provided, although Trustee has ·been, may now be or may hereafter be, an attorney, officer, agent or employee of Beneficiary, in respect of any matter or business whatsoever. Trustee, however, shall have no obligation to sell all or any pa1t of the Property following an Event of Default or to take any other action authorized to be taken by Trustee hereunder except upon the demand of Beneficiary. Section 8.2 Indemnification of Trustee. Grantor agrees to indemnify Trustee and to hold Trustee harmless from and against any and all Claims and Expenses directly or indirectly arising out of or resulting from any transaction, act, omission, event or circumstance in any way connected with the Property or the Loan, including but not limited to any Claim arising out of or resulting from any assertion or allegation that Trustee is liable for any act or omission of Grantor or any other Person in connection with the ownership, development, financing, operation or sale of the Property; provided, however, that Grantor shall not he obligated to indemnify Trustee with respect to any Claim arising solely from the gross negligence or willful misconduct of Trustee. The agreements and indemnifications contained in this Section shall apply to Claims arising both before and after the repayment of the Loan and shall survive the repayment of the Loan, any foreclosure or deed in lieu thereof and any other action by Trustee to enforce the rights and remedies of Beneficiary or Trustee hereunder or under the other Loan Documents. Section 8.3 Substitution of Trustee; Multiple Trustees. Beneficiary shall have, and is hereby granted with warranty of further assurances, the irrevocable power to appoint a new or replacement or substitute Trustee. Such power may be exercised at any time without notice, without cause and without specifying any reason therefor, by filing for record in the office where this Deed of Trust is recorded a Notice of Substitution of Trustee. The power of appointment of a successor Trustee may be exercised as often as and whenever Beneficiary may choose, and the exercise of the power of appointment, no matter how often, shall not be an exhaustion thereof. Upon the recordation of such Notice of Substitution of Trustee, the 277985_5,DOC -18- 20050401000761.01 S Trustee so appointed shall thereupon, without any further act or deed of conveyance, become fully vested with identically the same title and estate in and to the Property and with all the rights, powers, trusts and duties of its predecessor in the trust hereunder with like effect as if originally named as Trustee hereunder. Whenever in this Deed of Trust reference is made to Trustee, it shall be construed to mean each Person appointed as Trustee for the time being, whether original or successor in trust. All title, estate, rights, powers, trusts and duties granted to Trustee shall be in each Person appointed as Trustee so that any action hereunder by any Person appointed as Trustee shall for all purposes be deemed to be, and as effective as, the action of all Trustees. Article IX Miscellaneous Section 9.1 Rights, Powers and Remedies Cumulative. Each right, power and remedy of Beneficiary or Trustee as provided for in this Deed of Trust, or in any of the other Loan Documents or now or hereafter existing by Law, shall be cumulative and concurrent and shall be in addition to every other right, power or remedy provided for in this Deed of Trust, or in any of the other Loan Documents or now or hereafter existing by Law, and the exercise or beginning of the exercise by Beneficiary or Trustee of any one or more of such rights, powers or remedies shall not preclude the simultaneous or later exercise by Beneficiary or Trustee of any or all such other rights, powers or remedies. Section 9.2 No Waiver bv Beneficiary or Trustee. No course of dealing or conduct by or among Beneficiary, Trustee and Gran tor shall be effective to amend, modify or change any provisions of this Deed of Trust or the other Loan Documents. No failure or delay by Beneficiary or Trustee to insist upon the strict performance of any term, covenant or agreement of this Deed of Trust or of any of the other Loan Documents, or to exercise any right, power or remedy consequent upon a breach thereof, shall constitute a waiver of any such term, covenant or agreement or of any such breach, or preclude Beneficiary or Trustee from exercising any such right, power or remedy at any later time or times. By accepting payment after the due date of any of the Obligations, neither Beneficiary nor Trustee shall be deemed to waive the right either to require prompt payment when due of all other Obligations, or to declare an Event of Default for failure to make prompt payment of any such other Obligations. Neither Gran tor nor any other Person now or hereafter obligated for the payment of the whole or any part of the Obligations shall be relieved of such liability by reason of (a) the failure of Beneficiary to comply with any request of Grantor or of any other Person to take action to foreclose this Deed of Trust or otherwise enforce any of the provisions of this Deed of Trust, or (b) any agreement or stipulation between any subsequent owner or owners of the Property and Beneficiary, or (c) Beneficiary's extending the time of payment or modifying the terms of this Deed of Trust or any of the other Loan Documents without first having obtained the consent of Grantor or such other Person. Regardless of consideration, and without the necessity for any notice to or consent by the holder of any subordinate Lien on the Property, Beneficiary may release any Person at any time liable for any of the Obligations or any part of the security for the Obligations and may extend the time of payment or otherwise modify the :m9SS_5.DCX: -19- 20050401000761.020 terms of this Deed of Trust or any of the other Loan Documents without in any way impairing or affecting the Lien of this Deed of Trust or the priority of this Deed of Trust over any subordinate Lien. The holder of any subordinate Lien shall have no right to terminate any Lease regardless of whether or not such Lease is subordinate to this Deed of Trust. Beneficiary may resort to the security or collateral described in this Deed of Trust or any of the other Loan Documents in such order and manner as Beneficiary may elect in its sole discretion. Section 9.3 Waivers and Agreements Regarding Remedies. To the full extent Grantor may do so, Grantor hereby: (a) agrees that it will not at any time plead, claim or take advantage of any Laws now or hereafter in force providing for any appraisement, valuation, stay, or extension, and waives and releases all rights of valuation, appraisement, stay of execution, extension and notice of election to accelerate the Obligations; (b) waives all rights to a marshalling of the assets of Grantor, including the Property, or to a sale in the inverse order of alienation in the event of a foreclosure of the Property, and agrees not to assert any right under any Law pertaining to the marshalling of assets, the sale in inverse order of alienation, the exemption of homestead, the administration of estates of decedents, or other matters whatsoever to defeat, reduce or affect the right of Beneficiary under the terms of this Deed of Trust to a sale of the Property without any prior or different resort for collection, or the right of Beneficiary to the payment of the Obligations out of the proceeds of sale of the Property in preference to every other claimant whatsoever; (c) waives any right to bring or utilize any defense, counterclaim or setoff, other than one which denies the existence or sufficiency of the facts upon which any foreclosure action is grounded. If any defense, counterclaim or setoff, other than one permitted by the preceding clause, is timely raised in a foreclosure action, such defense, counterclaim or setoff shall be dismissed. If such defense, counterclaim or setoff is based on a Claim which could be tried in an action for money damages, such Claim may be brought in a separate action which shall not thereafter be consolidated with the foreclosure action. The bringing of such separate action for money damages shall not be deemed to afford any grounds for staying the foreclosure action; and (d) waives and relinquishes any and all rights and remedies which Grantor may have or be able to assert by reason of the provisions of any Laws pertaining to the rights and remedies of sureties. Section 9.4 Successors and Assigns. All of the grants, covenants, terms, provisions and conditions of this Deed of Trust shall run with the Land and shall apply to and bind the successors and assigns of Gran tor (including · any permitted subsequent owner of the Property), and inure to the benefit of Beneficiary, its successors and assigns and to the successors in trust of Trustee. 277985_5.DOC -20- 20050401000761.021 Section 9.5 No Warranty by Beneficiary or Trustee. By inspecting the Property or by accepting or approving anything required to be observed, performed or fulfilled by Grantor or to be given to Beneficiary or Trustee pursuant to this Deed of Trust or any of the other Loan Docwnents, Beneficiary and Trustee shall not be deemed to have warranted or represented the condition, sufficiency, legality, effectiveness or legal effect of the same, and such acceptance or approval shall not constitute any warranty or representation with respect thereto by Beneficiary or Trustee. Section 9.6 Amendments. This Deed of Trust may not be modified or amended except by an agreement in writing, signed by the party against whom enforcement of the change is sought. Section 9. 7 Severability. In the event any one or more of the provisions of this Deed of Trust or any of the other Loan Documents shall for any reason be held to be invalid, illegal or unenforceable, in whole or in part or in any other respect, or in the event any one or more of the provisions of the Loan Documents operates or would prospectively operate to invalidate this Deed of Trust or any of the other Loan Documents, then and in either of those events, at the option of Beneficiary, such provision or provisions only shall be deemed null and void and shall not affect the validity of the remaining Obligations, and the remaining provisions of the Loan Documents shall remain operative and in full force and effect and shall in no way be affected, prejudiced or disturbed thereby. Section 9.8 Notices. All Notices required or which any party desires to give hereunder or under any other Loan Document shall be in writing and, unless otherwise specifically provided in such other Loan Document, shall be deemed sufficiently given or furnished if delivered by personal delivery, by nationally recognized overnight courier service or by certified United States mail, postage prepaid, addressed to the party to whom directed at the applicable address specified in the Preamble to this Deed of Trust (unless changed by similar notice in writing given by the particular party whose address is to be changed) or by confirmed facsimile. Any Notice shall be deemed to have been given either at the time of personal deli very or, in the case of courier or mail, as of the date of first attempted delivery at the address and in the manner provided herein, or, in the case of facsimile, upon receipt; provided that service of a Notice required by any applicable statute shall be considered complete when the requirements of that statute are met. Notwithstanding the foregoing, no notice of change of address shall be effective except upon actual receipt. This Section shall not be construed in any way to affect or impair any waiver of notice or demand provided in this Deed of Trust or in any other Loan Document or to require giving of notice or demand to or upon any Person in any situation or for any reason. Section 9.9 Rules of Construction. The words "hereof', "herein", "hereunder", "hereto", and other words of similar import refer to this Deed of Trust in its entirety. The terms "agree" and "agreements" mean and include "covenant" and "covenants." The words "include" and "including" shall be interpreted as if followed by the words "without limitation." The headings of this Deed of Trust are for convenience of reference only and 27798S_S.DOC ·21- 20050401000761.022 shall not be considered a part hereof and are not in any way intended to define, limit or enlarge the terms hereof. All references (a) made in the neuter, masculine or feminine gender shall be deemed to have been made in all such genders, (b) made in the singular or plural number shall be deemed to have been made, respectively, in the plural or singular number as well, ( c) to the Loan Documents are to the same as extended, amended, restated, supplemented or otherwise modified from time to time unless expressly indicated otherwise, (d) to the Land, Improvements, Personalty, Real Property or Property shall mean all or any portion of each of the foregoing, respectively, and (e) to Articles or Sections are to the respective Articles or Sections contained in this Deed of Trust unless expressly indicated otherwise. Any term used or defined in the Uniform Commercial Code of the State, as in effect from time to time, which is not defined in this Deed of Trust shall have the meaning ascribed to that term in the Uniform Commercial Code of the State. If a term is defined in Article 9 of the Uniform Commercial Code of the State differently than in another Article of the Uniform Commercial Code of the State, the term shall have the meaning specified in Article 9. Section 9.10 Governing Law. This Deed of Trust shall be construed, governed and enforced in accordance with the Laws in effect from time to time in the State. Section 9.11 Entire Agreement. The Loan Documents constitute the entire understanding and agreement between Grantor and Beneficiary with respect to the transactions arising in connection with the· Loan, and supersede all prior written or oral understandings and agreements between Grantor and Beneficiary with respect to the matters addressed in the Loan Documents. In particular, and without limitation, the terms of any commitment by Beneficiary to make the Loan are merged into the Loan Documents. Except as incorporated in writing into the Loan Documents, there are no representations, understandings, stipulations, agreements or promises, oral or written, witb respect to the matters addressed in the Loan Documents. Section 9.12 Partial Releases. Grantor may request that Beneficiary release the lien of this Deed of Trust from a portion of the Property by delivering to Beneficiary a written request therefor at least fifteen (15) days prior to the proposed date of such release, which request must be accompanied by a Survey which shows and legally describes the relevant portion of the Property to be released. Subject to timely receipt of the foregoing and any other information reasonably requested by Beneficiary, Beneficiary shall request that Trustee release the lien of this Deed of Trust from the relevant portion of the Property, provided that (i) neither a Default nor an Event of Default is then continuing hereunder, (ii) such a release and the related conveyance (x) will not materially impair the access of any unreleased portion of the Property to a public street or any utilities o, unreasonably divide any portion or tract of the Property into strips or parcels, (y) will not, in Beneficiary's reasonable judgment, materially decrease the value of any unreleased po1tion of the Property and (z) will occur in compliance with all requirements of the all applicable Governmental Authorities, including, without limitation, all subdivision regulations, (iii) Grantor has delivered to Beneficiary an endorsement to the Title Insurance Policy insuring the lien of this Deed of Trust which 27798S_5.DOC -22- 20050401000761.023 confirms no change in the priority of this Deed of Trust, amount of insurance or coverage with respect to the balance of the released Property, (iv) Beneficiary has received the Release Payment (as defined below) applicable to such Property, (v) after each partial release, the loan to value ratio for the remaining parcels will not exceed 70% (based on a pro rata allocation of initial value per the appraisal received by Lender prior to closing of the Loan and showing a value of $38,300,000), and (vi) Grantor promptly pays all of Beneficiary's and Trustee's costs and expenses (including, without limitation, reasonable attorneys' fees and expenses) incurred in considering and implementing such release. Notwithstanding anything contained herein to the contrary, Lender hereby consents to the release of Lot 2 (whether partially or in its entirety), provided however, that in the event of a partial release of said Lot 2, the portion of Lot 2 that is not released shall be contiguous to the remainder of the Property. For purposes hereof, "Release Payment" shall mean an amount equal to the result derived from the following calculation: (a) 1.10 multiplied by (b) (i) the acreage of the parcel being released divided by (ii) the acreage of the Property secured by this Deed of Trust on the date hereof, multiplied by (c) $30,000,000. Release Payments may be applied first to any past due interest (i.e., interest which was not paid when due and is outstanding) on the Note, then to any unpaid costs or expenses of Beneficiary hereunder which are due but have not been paid, then to the payment of the principal balance of the Note, or in any other order of application of the foregoing as Beneficiary shall detennine, in its sole and absolute discretion. ORAL AGREEMENTS OR ORAL COMMITMENTS TO LOAN MONEY, EXTEND CREDIT OR TO FORBEAR FROM ENFORCING A DEBT ARE NOT ENFORCEABLE UNDER WASHINGTON LAW. Grantor has· caused this Deed of Trust to be executed as of the day and year first written above. 277985_5.DOC -23- 27798:S_5.00C GRANTOR: TRANSWESTERN HARVEST LAKESHORE, L.L.C., a Delaware limited liability company BY~~-1---++---1-~~~~~~- Name_,___-1-------...;:,==?-'~"""'-------~ Managing Director Title _____________ _ -24- 20050401 000761.024 20050401000761.025 STATE OF ILLINOIS ) ) ss. COUNTY OF COOK ) On this 6'.)+i-J day of March, 2005, before me, the undersigned, a Notary Public in and for the State of Illinois, duly commissioned and sworn personally appeared fyrv{_~S. &, ile.., , known to me to be the authorized signatory of TRANS TERN HARVEST LAKESHORE, L.L.C., a Delaware limited liability company. the limited liability company that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said limited liability company, for the purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument I certify that I know or have satisfactory evidence that the person appearing before me and making this acknowledgment is the person whose true signature appears on this document. WITNESS my hand and official seal hereto affixed the day and year in the certificate above written. 277?8S _S_DOC jyto~ln~ Leah T O,;j! d ( fYloove..- Print Name NOTARY PUBLIC in and for the State of Illinois. My commission expires 4 l,;:0 / u r -25- 20050401000761.026 EXHIBIT A Legal Description Lots l, 2, 3 and 4, Boeing Lakeshore Landing, a Binding Site Plan, recorded under Recording No. 20041223000856. Situate in the City of Renton, County of King, State of Washington 27/985_5.DOC -26- ' ._ 20060421000735. 001 RETURN ADDRESS: 11111111111111111 20060421000735 Puget Sound Energy, Inc. Attn: ROW Department· Graven PO BOX 90868 EST -06W BelJeVtJe, WA 98009-0868 ORIGINAL REFERENCE#: =~~,fD~ND9~ ~ aa.ea 94/21/2086 11:27 ICING COUNTY, IJR EASEMENT EXCISE TAX NOT REQUIRED King County R~n BY: JJ)q,},h; :.., · . GRANTOR: Transwestem Harvest Lakeshore, LLC, a Delaware Limited Liability Company GRANTEE: PUGET SOUND ENERGY, INC. SHORT LEGAL: Lots 1, 2, 3 aind 4 Boeing Lakeshore Landing, recording number 20041223000856 ASSESSOR'S PROPERTY TAX PARCEL: 088660·0010; 088660-0020; 088660-0030; 088660-0040 'Deputy For and in consideration of One Dollar ($1.00} and other valuable consideration In hand paid, Transwestem Harvest Lakeshore, LLC, a Delaware Limited L/ability Company (~Grantor" herein), hereby conveys and warrants to PUGET SOUND ENERGY, INC., a Washington Corporation (NGrantee" herein). for the purposes hereinafter set forth, a nonexclusive perpetual easement over, under, along across and through the following described real property CProperty" herein) in King County, Washington: Lots 1, 2, 3 and 4 Boeing Lakeshore Landing, a binding site plan, recorded under King County Recording Number 20041223000856 Except as may be otherwise set forth herein Grantee's rights shall be exercised upon that portion of the Property ("Easement Area' herein) described as follows: AN EASEMENT AREA 10 FEET IN WIDTH HAVING 5 FEET OF SUCH WIDTH ON EACH SIDE OF A CENTERLINE DESCRIBED AS FOLLOWS: THE CENTERLINE OF GRANTEE'S FAC[LmES AS NOW CONSTRUCTED, TO BE CONS1RUCTED, EXTENDED OR: RELOCATED LYING WITHIN niE ABOVE DESCRIBED PARCEL. THIS EASEMENT DESCRIPTION MAY BE SUPCRSEDED AT A LATER DATE WITH A SURVEYED DESCRIPTION PROVIDED AT NO COST TO GR.ANTEE:. 1. Purpose. Grantee shall have the right to construct. operate, maintain, repair, replace, improve, remove, enlarge, and use the easement area for one or more utl!ity systems for purposes of transmission, distribution and sale of gas and electricity. Such system may include, but are not limited to: Underground facilities. Pipes, pipelines, mains, laterals, conduits, regulators and feeders for gas; conduits, lines, cables, vaults, switches and transformers for electricity; fiber optic cable and other lines, cables and facilities for communications; semi-buried or ground-mounted faclllties and pads. manholes, meters, fixtures, attachments and any and all other facilities or appurtenances necessary or convenient to any or all of the foregoing. Following the Initial construction of all or a portion of Its systems, Grantee may, from time to time, construct such additlonal facilities as it may require for such systems. Grantee shall have the right of access to the Easement Area over and across the Property to enable Grantee to exercise its rights ·hereunder. Grantee shall compensate Granter for any damage to the Property caused by the exercise of such right of access by Grantee. 2. Easement Area crearing and Maintenance. Grantee shat! have the right to cut, remove and dispose of any and all brush, trees or other vegetation in the Easement Area. Grantee shall also have the righ1 to control, on a continuing basis and by any prudent and reasonable means, the establishment and growth of bn.ish, trees or other vegetation in the Easement Area. 3. Grantor's Use of Easement Ar_ea. Grantor re§erves_the right _to use the . .E_as_em_en~._Area for any purp,;:rse not inconsistent with the rights .. herein ·gran~ad_qi~vi('.j_~d,.:1.h_<:,~_ey_e:r(~rantor :shall' ribt COhstfucl or maintain any buildin!;ls. structurns-or: oU,er, objects ori the EaSernent Area ·and Gran tor shall do no blasting within 300 feet of Grantee's facilities without Grantee's prior' 'Nlitten consent. 4. Indemnity. Grantee agrees to indemnify Grantor from and against liability incurred by Granter as a result of Grantee's negligence in the exercise of the rights herein granted to Grantee, but nothing herein shall require Grantee to indemnify Grantor for that portion of any such liability attributable to the negligence of Granter or the negligence of others. Lakeshore landing • As/Built REOT: 56$66 Aprtl2005 Page 1 of2 20060421000735.002 5. Abandonmenl The rights herein granted shall continue until such time as Grantee ceases to use the Easement Area for a period of five (5) successive years, in which event, this easement shaQ terminate and aU rights hereunder, and any improvements remaining In the Easement Area, shall revert 10 or otherwise become the property of Grantor; provided, however, that no abandonment shall be deemed to have occurred by reason of Grantee's faHure to initially install Its systems on the Easement Area 'Ni thin any period of time from the date hereof. 6. Successors and Assigns. Grantee shaU have the right to assign, apportion or otherwise transfer any or all of its rights, benefits, privileges and interests arising in and under this easement Without Hmftlng the generality of the foregoing, the rights and obligations of the parties shall inure to the benefit of and be binding upon their respective successors and assigns. DA TED this I'+ k. day of ~ : I 2006. GRANTOR (Transwestem Harvest lakesho~ C, a Delaware Umited Liability Company): By: Harvest Lakeshore, Ltd., a Texas limited partnership, Mgr. By: Harvest Lakeshore Partners, UC, a lexas limited liability company BY~ Eliot B. Barnett Its: Manager STATE OF _04,=,..,:"-':e_ __ _ COUNTYOF ~Ill,$ ) J ss I On this Ji..J.."1.. day of ~· , 2005, before me, the un~1"1>lgnei~ Public in and for the State of Texas, duly co m ssioned and sworn, personally appeared [:A,'of , to me knov,m to be the person who sign s ~. , of lranswestem Harvest Lakeshore, LLC, a Delaware Limited Liability Compan~orporation that execuled the within and foregoing instn..iment, and acknowledged said Instrument to be his/her free and voluntary act and deed and the free and voluntary act and \_ ~-ed of Transwestem Harvest Lakeshore for the uses and purposes therein mentioned; and on oath stated that -:.I& was authorized to execute the said Instrument on behalf of said Delaware Limited LfablUty Company. L.M, HOLMES NOTARY PUBUC STATE CF TEXAS MY COMM. EXP. 12-17-2006 ""W'Y .... _, .. ,and .n ............ ''""' -i..p1 ..... "'""'" 1-~ lakeshore Landing -As/Built REDT: 56865 April 20D6 (Print or stamp name of Notary) NOTARY PUBLIC in and for the State of _____ _ residing at ________ _ My Appointment Expires: _______ _ Page2of2 20060718000190.00' Return Address: City Clerk's Office City of Renton 1055 South Grady Way Renton, WA 98055 II 1111111111111111 20060718000190 CITY OF RENTON ?REL 34.00 PAGEll01 OF 003 0111a1200s ea:59 KING COUNTY, WA PARTIAL RELEASE OF EASEMENT Property Tax Parcel Number: 088660-0020; 088660-0030 Project File#: RFA4-00 I Street Intersection: Garden Ave N btwn N 8th St & Park Ave N Reference Number(s) of Documents assigned or released; 8805190541. Grantor(s): Grantee(s): I. City of Renton, a Municipal Corporation 1. The Boeing Company, a Delaware Corporation 2. Transwestem Harvest Lakeshore, a Delaware Limited Liabili"' Comnanv The Grantor is the owner of an easement acquired from THE BOElNG COMPANY, a Delaware Cornoration, acting through its division, BOEING COMMERCIAL AIRPLANES dated on May 2, 19&8 , as recorded under King County Recording Number 8805190541 of King County, State of Washington. The CITY OF RENTON does hereby abandon and release all rights acquired under a portion of the above referenced utilities easement, said portion being described as follows: An easement for ingress, egress, and waterline utilities, over, under, across or upon and lying 7 and 1/2 feet on each side of the following described centerline, as located in the Southeast Quarter of the No1111west Quarter of Section 8, Township 23 North, Range 5 East, W.M., in lhe City of Renton, King County, Washington. Described as follows: Commencing at the North 00°31 '42" East along said west margin of Garden A venue North, a distance of 253.22 feet, to a point of curvature to the left; Thence northerly along said westerly margin and along said curve to the left having a radius of 850.00 feet through a central angle of 13 "29'00", an arc length of 200.03 feet to the Point of Beginning for said centerline description; Thence North 89"00'00" West, a distance of215.50 feet; Thence North 01°00'00" East, a distance of360.00 feet; Thence North 89°00'00" East, a distance of70.00 feet, to the terminus of said centerline description. But this release shall not impair the utilities easement dghts acquired and recorded under King County Recording No. 8805190541 as to the utilities easement not hereby released. Except as explicitly released by this document, the remaining City easement rights shall remain in full force and effect. lc:cJ0 -OO 9 ;;__ E:-'.:'.S: TAY NOT RE~l\9fRED ;.r..:=,fi C:v-hi(yor.c!~P~Y.~•:t?fliskm lly _Jt-..f--_ ) '1 · '-v'1. . DeplJ%puty PA J fu i-1 l'01>Pii~ 20060718000190.00: PARTIAL RELEASE OF EASEMENT Property Tax Parcel Number: 088660-0020; 088660-0030 Proect File#: RE-04-001 Street Intersection: Garden Ave N btwn N 8th St & Park Ave N Reference Number(s:) of Documents assigned or released: 8805190541. Grantor(s): Grantee(s): I. City of Renton, a Municipal Corporation 3. The Boeing Company, a Delaware Corporation 4. Transwestern Harvest Lakeshore, a Delaware Limited Liabili Co •""'"""' IN WITNESS WHEREOF, said City has caused this instrument to be e ecuted by the Mayor~.~;;~ ·:,. this /~i" day of 9''Yf , 200b /c •'J4 .. , '• .•• ,- MAYOR athy K~o'/#-fr <( \ '; &n4U-t-;J ~~ w ,•} ~ CITY CLERK Bormier,+1toY) /. "~· · -:.. ,;/. ··~··· ... ,.. STATE OF WASHINGTON )ss .· ... '·· .. ,,< COUNTY OF KING ) , f certify that [ know or have satisfactot)' evidence that Kathy Keolker and Bonnie Walton are the persons who appeared before me, and said persons acknowledged that they signed this instrumE:nt, on oath slated that they were authorized to execute the instrument and acknowledged it as the MAYOR, and the ClTY CLERK, CITY OF RENTON, to be the free and votu1 ary act of such parties for the uses and purposes mentioned in the instrument. 20060718000190.003 EXlilBITA \ \ ' \ ' [ t ' I I } I "1 ~ l "' H 't:, "' i H I " D-v :,, ~ Form No. 14 Subdivision Guarantee Guarantee No.: NCS-229509-WAl \'. GUARANTEE Issued by First American Title Insurance Company 2101 Fourth Avenue, Suite 800, Seattle, WA 98121 Title Officer: Mike Cooper Phone: (206)728-0400 FAX· (206)448-6348 First Amencan Title Insurance Company Form No. 14 Subdivision Guarantee (4-10-75) Guarantee No.: NCS-229509-WAl Page No.: 1 LIABILITY FEE First American Title Insurance Company $ $ National Commercial Services 2101 Fourth Avenue, Suite 800, Seattle, WA 98121 (206)728-0400 -FAX (206)448-6348 SUBDIVISION GUARANTEE ORDER NO.: NCS-229509-WAl 3000.00 500.00 TAX$ 44.00 YOUR REF.: Lots 2-3, Lakeshore Landing First American Title Insurance Company a Corporation, herein called the Company Subject to the Liability Exclusions and Limitations set forth below and in Schedule A. GUARANTEES W & H Pacific herein called the Assured, against loss not exceeding the liability amount stated above which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. LIABILITY EXCLUSIONS AND LIMITATIONS 1. No guarantee is given nor liability assumed with respect to the validity, legal effect or priority of any matter shown therein. 2. The Company's liability hereunder shall be limited to the amount of actual loss sustained by the Assured because of reliance upon the assurance herein set forth, but in no event shall the Company's liability exceed the liability amount set forth above. 3. This Guarantee is restricted to the use of the Assured for the purpose of providing title evidence as may be required when subdividing land pursuant to the provisions of Chapter 58.17, R.C.W., and the local regulations and ordinances adopted pursuant to said statute. It is not to be used as a basis for closing any transaction affecting title to said property. Dated: April 14, 2006 at 7:30 A.M. Frrst American Title Insurance Company Form No. l'l Subdivision Guarantee (4-10-75) SCHEDULE A The assurances referred to on the face page are: A. Title is vested in: Guarantee No.: NCS-229509-WAl Page No.: 2 Transwestem Harvest Lakeshore, L.L.C., a Delaware limited liability company B. That according to the Company's title plant records relative to the following described real property (including those records maintained and indexed by name), there are no other documents affecting title to said real property or any portion thereof, other than those shown below under Record Matters. The following matters are excluded from the coverage of this Guarantee: 1. Unpatented Mining Claims, reservations or exceptions in patents or in acts authorizing the issuance thereof. 2. Water rights, claims or title to water. 3. Tax Deeds to the State of Washington. 4. Documents pertaining to mineral estates. DESCRIPTION: LOTS 2 AND 3 BOEING LAKESHORE LANDING, A BINDING SITE PLAN, RECORDED DECEMBER 23, 2004 UNDER RECORDING NO. 20041223000856. SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. APN: 088660-0020-02 088660-0030-00 First American Title Insurance Company Form No. 14 Guarantee No : NCS-229509-WAl Page No.: 3 Subdivision Guarantee (4-10-75) RECORD MATTERS: 1. General Taxes for the year 2006. Tax Account No.: 088660-0020-02 Amount Billed: $ 54,189.60 Amount Paid: $ 0.00 Amount Due: $ 54,189.60 Assessed Land Value: $ 4,535,600.00 Assessed Improvement Value: $ 0.00 (Affects Lot No. 2) 2. General Taxes for the year 2006. Tax Account No.: 088660-0030-00 Amount Billed: $ 98,876.15 Amount Paid: $ 0.00 Amount Due: $ 98,876.15 Assessed Land Value: $ 8,276,600.00 Assessed Improvement Value: $ 0.00 (Affects Lot No. 3) 3. Reservations and exceptions, including the terms and conditions thereof: Reserving: Undisclosed Reserved By: Recorded: Recording Information: Pacific Coast Railroad Company Undisclosed 4662540 4. Relinquishment of all existing and future rights to light, view and air, together with the rights of access to and from the State Highway constructed on lands conveyed by document in favor of the State of Washington: 5. 6. Recorded: Recording No.: October 18, 1956 4740681 Easement, including terms and provisions contained therein: Recording Information: May 19, 1988 under Recording No. 8805190541 In Favor of: For: Affects: The City of Renton, a municipal corporation Utilities an Easterly portion of Lots 2 and 3 Easement, including terms and provisions contained therein: Recording Information: November 30, 1988 under Recording No. 8811300191 In Favor of: The City of Renton, a municipal corporation For: Public utilities Affects: a Southerly portion of Lot 3 First American Title Insurance Company I Form No. 14 Guarantee No : NCS-229509~WA1 Page No.: 4 Subdivision Guarantee (4-10-75) 7. · .. ·() , ! '--- The terms and provisions contained in the document entitled "Agreement and License for Fire Main Inter-Tie" recorded June 6, 1991 as 9106060988 of Official Records. By and between The Boeing Company and The City of Renton, a municipal corporation. Easement, including terms and provisions contained therein: Recording Information: July 22, 1996 under Recording No. 9607220167 In Favor of: The City of Renton, a municipality For: Affects: A remote control panel, architectural control wall and railing, together with all necessany appurtenances a Southwesterly portion of lot 3 9. Reservations and exceptions, including the terms and conditions thereof: Reserving: Right to operate, maintain, repair and replace the bridge abutments Reserved By: Recorded: Recording Information: The Boeing Company, a Delaware corporation March 18, 1997 9703181422 Said instrument is a re-record of recording no(s). 9612120855 recorded on December 12, 1996. 10. Covenants, conditions, restrictions and/or easements: Recorded: November 17, 2000 Recording No.: 20001117000535 11. Easement, including terms and provisions contained therein: Recording Information: December 5, 2001 under Recording No. 20011205003127 In Favor of: The City of Renton, a municipality For: Sanitany sewer pipeline Affects: a Northerly portion of Lot 2 12. Easement, including terms and provisions contained therein: Recording Information: December 5, 2001 under Recording No. 20011205003128 In Favor of: The City of Renton, a municipality For: Sanitany sewer pipeline Affects: a Northerly portion of Lot 2 13. Easement, including terms and provisions contained therein: 14. Recording Information: December 5, 2001 under Recording No. 20011205003129 In Favor of: The City of Renton, a municipality For: Affects: Sanitany sewer pipeline a portion of Lot 3 Easement, including terms and provisions contained therein: Recording Information: December 5, 2001 under Recording No. 20011205003130 In Favor of: The City of Renton, a municipality For: Sanitany sewer pipeline Affects: a portion of Lots 2 and 3 First Amerk::an ntle Insurance Company Form No. 14 Guarantee No.: NCS-229509-WAl Page No.: 5 Subdivision Guarantee (4-10-75) 15. The terms and provisions contained in the document entitled "Development Agreement" recorded August 2, 2002 as Recording No. 20020802000224 of Official Records. By and between The Boeing Company, a Delaware corporation and City of Renton, a municipal corporation. 16. The terms and provisions contained in the document entitled "Development Agreement for Renton plant redevelopment" recorded December 10, 2003 as Recording No. 20031210001637 of Official Records. By and between The Boeing Company, a Delaware corporation and the City of Renton, a municipal corporation. 17. Covenants, conditions, restrictions and/or easements: Recorded: November 19, 2004 Recording No.: 20041119001959 18. Easement, including terms and provisions contained therein: 19. Recording Information: December 28, 2004 under Recording No. 20041228001864 In Favor of: The Boeing Company, a Delaware corporation For: Water line Affects: as described therein Easement, including terms and provisions contained therein: Recording Information: December 28, 2004 under Recording No. 20041228001869 In Favor of: For: Affects: The Boeing Company, a Delaware corporation Water line as described therein 20. Easement, including terms and provisions contained therein: Recording Information: December 28, 2004 under Recording No. 20041228001870 In Favor of: The Boeing Company, a Delaware corporation For: Temporary stormwater facility easement Affects: as described therein 21. Covenants, conditions, restrictions and/or easements: Recorded: December 28, 2004 Recording No.: 20041228001871 22. Terms, covenants, conditions and restrictions as contained in recorded Lot Line Adjustment (Boundary Line Revision) LAU-04-081-BSP: Recorded: Recording Information: December 23, 2004 20041223000856 First American Title Insurance Company 6 Form No, 14 Guarantee No.: NCS-229509-WAl Page No.: 6 Subdivision Guarantee (4-10-75) 23. 24. A financing statement recorded December 28, 2004 as Recording No. 20041228001874 of Official Records. Debtor: Secured party: Transwestern Harvest Lakeshore, L.L.C. Asian Realty Partners II, L.P. Deed of Trust and the terms and conditions thereof. Grantor/Trustor: Grantee/Beneficiary: Trustee: Amount: Recorded: Recording Information: Affects: Transwestern Harvest Lakeshore, L.L.C., a Delaware limited liability company Bank of America, N.A., a national banking association PRLAP, Inc., a Washington corporation $30,000,000.00 April 1, 2005 20050401000761 The land and other property. 25. Matters that may be disclosed upon recordation of the final subdivision. First American Title Insurance Company Form No. 1'1 Subdivision Guarantee (4-10-75) INFORMATIONAL NOTES Guarantee No : NCS-229509-WAl Page No.: 7 A. Any sketch attached hereto is done so as a courtesy only and is not part of any title commitment or policy. It is furnished solely for the purpose of assisting in locating the premises and First American expressly disclaims any liability which may result from reliance made upon it. First Amencan Title Insurance Company form No. 14 Subdivision Guarantee (4-10-75) Guarantee No.: NCS-229509-WAl Page No.: 8 SCHEDULE OF EXCLUSIONS FROM COVERAGE Of THIS GUARANTEE 1. Except to the extent that spec1f1c assurance are provided in Schedule A of this Guarantee, the Company assumes no liab1l1ty for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters against the title, whether or not shown by the public records. (b} (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or, (2) Proceedings by a public agency wt1ich may result 1n taxes or assessrrents, or notices of such proceedings, whether or not the mdtters excluded under (1) or (2) are shown by the records uf the taxing authority or by the public records. (c) (1) Unpatentcd rni111ng claims; (2) reservdtions or exceptions in patents or 1n Acts authorizing the issuance thereof; (3) water righls, claims or title to water, whether or not the matters excluded under (1), (2) or (3) are shown by the pJbl:c records 2. Not.viU1stand1ng any specific assurances which are provided in Schedule A of this Guarantee, the Company assumes no l1abll1ty for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters affecting lhe title to any property beyond the lines of the lar1d expressly described in the description set forth 1n Schedule (A), (C) or in Part 2 of this Guarantee, or title to streets, roads, avenues, lanes, ways or wc1terways to which such land abuts, or the right to mc1intain therein vaul~, tunnels, ramps, or c.my structure or improvements; or any rigl1ts or easements tt1erein, unless such properly, rights or easements are expressly and specifically set forth in said description. (b) Defects, liens, encumbrances, &lverse claims or other matter'o, whether or not showri by the public records; (1) w\1ich are created, suffereJ, assumed or agreed to by one or more of l11e Assureds; (2) which result in no loss to the k:.sured; or (3) which do riot result 1n the invalidity or potential 1nval1d1ty of any judirnl or non-Judicial proceeding which is within the scope and purpose of the assurances provided. (c) The identity of ,my party shown or referred to in Schedule A. (d) !he val1d1ty, legal eftect or priority of any matter shown or referred to ir1 tt1is Guarantee. GUARANTEE CONDITIONS AND STIPULATIONS 1. Definition of Terms. 1 he following terms wl1en used in the Guarantee mean: (a) the "Assured": the party or parties named as the Assured in this Guarantee, or on a supplemental writing executed by the Company. (b) "land": the land described or referred to in Schedule (A) (C) or in Part 2, and improvements affixed thereto which by law cor1stilute real property. The term "land" does not include any property beyond the lines of the area described or referred to in Schedule (A) (C) or in Part 2, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways. (c) "mortgage··: mortgage, deed of trusl, trust deed, or other security instrument. (d) "public records" records established under state statutes at Date of Guarantee for the purpa:,e of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. (e) "date": the effective date. 2. Notice of Claim to be Given by Assured Claimant. AA Assured stiall notify the Company promptly 1n wnt1ng 1n case knowledge shall come to an Assured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as stated herein, a.1d which might cause loss or damage for which the Company may be liable by virtue of this Guarantee. If prompt notice shall not be Q1Ven to the Cornpany, then all liability or the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, thi.lt failure to notify the Company shall in no case prejudice the nghts of any Assured under this Guarantee unless the Company shall be prejudiced by the failure and then only lo the extent of the prejurJice. 3. No Duty to Defend or Prosecute. The Company shall have no duty to defend or prosecute <my action or proceeding to which the Assured is a party, notwithstanding the nc1ture of any allegation in such action or proceeding. 4. Company's Option to Defend or Prosecute Actions; Duty of Assured Claimant to Cooperate. Even though the Company has no duty to defend or prosecute as set forth in Paragraph 3 above; (a) The Company shall have the rigt1t, at its sole option and c.c,;,t, to institute and prosecute any action or proceeding, interpose a defense, as limited in (b), or to do any other act which in its opinion may be necessary or desirable to establish the title to t11e estate or interest as stated herein, or to establish the lien rights of l11e Assured, or to prevent or reduce loss or damage to the Assured. The Company rnay take any appropriate action under the terms of this Guarantee, whether or not it st1all be liable hereunrJer, and shall not thereby concede liability or waive any provision of this Guarantee. If the Company shall exercise its rights under this paragraph, 1t shall do so diligently. (b) If the Campany elects to exercise its options as stated 1n Para!,)raph 4(a) the Company shall have the right to select counsel of its choice (subject to lhe right of such /\ssured to object for reasonable cause) to represent the Assured arid shall not be liable for and will riot pay the fees of any other counsel, nor will the Company pay any fees, costs or expenses incurred by an Assured in the defense of those causes of action which allege matters not covered by tl1is Guarantee. (c) Whenever the Company shall have brought an action or interposed a defense as permitted by the provisions of this Guarantee, the Company may pursue any litigation lo final determination by a court of competent jurisdiction and expressly reserves the nght, in its sole discretion, to appeal from an adverse judgment or order. (d) In all cases wtiere this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, an Assured shall secure to the Company the nght to so prosecute or provide for tt1e defense of any action or proceeding, and all appeals therei11, and permit the Compilr1y to use, at its option, ttie name of such Assured for this purpose. Whenever requested by the Company, an Assured, at the Company's expense, shall give the Company <111 reasonable aid 1n any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or lawful act which in U1e opinion of the Company may he necessal)I or des1r<1ble to establish the title to the estate or interest as staled herein, or to establish the lien rights of tl1e Assured. If the Company is prejudiced by the fdilure of the Assured to fumisl1 the 1·equired cooperation, the Company's obligations ta the Assured under the Guarc1nlee shall terminate. s. Proof of Loss or Damage. In addition to and after the notices required uridl'r Section 2 of these Conditions and Stipulations have beeri µrovided to the Compc1ny, a proof of loss or damage signed and sworn to by the Assured shall be furnished to t11e Company within ninety (90) days after the Assured shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the matters covered by this Guarantee which constitute the basis of loss or damage aqd shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company 1s prejudiced by the failure of t11e Assured to provide tt1e required proof of loss or damage, the Company's obligation to such Assured under the Guarantee shall terrninate. In addition, the Assured may reasonably be required Lo submit to examination under oath by any authorized representative of the Company and shall produce for examinatiori, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a dale before or after Date of Guarantee, which reasonably pertain to the loss or damage. Further, 1f requested by any authorized representative of the Company, the Assured shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the Loss or Damage. All information designaterJ as confidential by the Assured provided to tile Company, pursuant to this Section shall not be disclosed to others unless, 1n the reasonable Judgment of the Company, it 1s necessary in the administration of the claim. Failure of the Assured to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonab¥ necessary infom1iltion from third partres as required 1n the above paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this Guaranlee to the Assured for that claim. Form No. 1282 (Rev. 12/15/95) First American Title Insurance Company 6. Options to Pay or Otherwise Settle Claims: Termination of Liability. In case of a claim under this Guarantee, the Company shall have the following ac.kJitior1ol uptions: (a) To Pay or Tender Payment of the Amount of L1abil1ty or to Purd1dse tl1e Indebtedness, The Company shall have the option lo pay or settle or compromise for or in the name of the Assured any claim which could result in loss to the Assured within Uie coverage of t11is Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee is issued for the benefit of a holder of a mortgage or a l1enholder, U1e Company shall have the option to purchase the indebtedness secured by said mortgage or said lien for the amount owing thereon, together with any costs, reasonable attorneys' fees and expenses incurred by the Assured claimant whict1 were auttiorized by the Company up to the time of purchase. Such purchase, payment or tender of payment of the full amount of the Guarantee shall terrninale all liability of the Company hereunder. In the event after notice of claim has been given to the Company by the Assured the Company offers to purchase said indebtedness, the owner of such indebtedness shall transfer and assign said indebtedness, together with any collateral security, to the Compciny upon payment of the purchase price. Upon the exercise by the Company of Ltie option prnv1ded for 1n Paragraph (a) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than lo make the payment required 1n that paragraph, shall terminate, including any obligation to cor1tinue the defense or prosecution of any litigation for which the Company hds exercised its options under Paragraph 4, and the Guarantee shall be surrendered to the Company for C<mcellation. (b) Ta Pay or Otherwise Settle With Parties other Than the Assured or With the Assured Claimant To pay or otherwise settle with other parties for or in the name of an Assured claimant any claim Assured against under this Guarantee, together with any costs, attorneys' kcs and expenses incurred by the Assured claimant which were authorized by the Company up to lhe time of payment and which the Company is obligiJtcd lo pay. Upon the exercise by U1c Company of the option provided for in Paragraph (b) lhe Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for wtiich the Company has exerosed its options under Paragraph 4. 7. Determination and Extent of Liability, This Guarantee 1s a contract of Indemnity against aclual monetary loss or damage sustained or incurred by the Assured claimant who has suffered loss or damage by reason of reliance upon the assurances set forth 1n this Guarantee and only to U1e extent herein described, and subject to the Exclusions from Coverage of This Guarantee. The Liability of the Company under this Guarantee to tt1c Assured shall not exceed the least of: (a) the amount of l1abil1ty stated in Schedule A or in Pcirt 2; (b) the amounl of the unpaid principal indebtedness secured by the mortgage of an Assured mortgagee, os limited or provided under Section 6 of these Conditions and Stipulations or as reduced under Section 9 of these Cond1t1ons and Stipulations, at the time the loss or damage Assured against by this Guarantee occurs, together with interest thereon; or (c} the difference between the value of the estate or interest covered hereby as stated herein and the value or t11c estate or interest subJect to any defect, hen or encumbrance Assured against by this Guarantee. 8. Limitation of Liability. (a} If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures any other matter Assured against by this Guarantee in a reasonably diligent manner by any method, including l1t1gat1on and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any lit1gat1on by the Company or with the Company's consent, tile Company stiall have no liability for loss or damage until t11erc lias been a final determination by a court of competent jurisdiction, cind disposition of all appeals U1erefrurn, adverse to the title, as stated herein. (c) The Company shall not be liable for loss or damage to any Assured ror liability voluntarily assumed by the Assured 1n settling any claim or suit without the prior written consent of the Company. 9. Reduction of Liability or Termination of Liability. All payments under this Guarantee, except payments made for costs, attorneys' fees and expenses pursuant to Paragraph 4 shall reduce the amount of l1abil1ty pro tanto. 10. Payment of Loss. (a) No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, in whicti case proof of loss or destruction shdll be furnished to the sat1sfact1on of the Company (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable w1th1n thirty (30) days thereafter. 11. Subrogation Upon Payment or Settlement. Whenever the Company shall have selllcd and paid a claim under this Guarantee, all nght of subrogation shall vest in tt1e Company unaffected by any act of the Assured claimant, The Company sl1all be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property m respect to the claim had this Guarantee not been issued. If requested by lhe Company, the Assured shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The Assured shall permit the Company to sue, compromise or settle in the name of the Assured and to use the name of the Assured in any transaction or l1t1gation mvolv1ng these rights or remedies. If a payment on account or a claim does not fully cover the loss of the Assured the Company shall be subrogalcd to all nglits and remedies of the Assured after the Assured shall have recovered its principal, inlcrest, and costs of collection. 12. Arbitration. Unless proh1b1ted by applicable law, either the Company or the Assured may demand arbilration pursuant to the Title [nsurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited tu, a11y controversy or claim betvveen the Company and the Assured ansing out of or relating to this Guaranlee, any ser,,ice of the Company in connection with its issuance or the breach of a Guaranlee provision or other obligation. All arbitrable mallers when the Amount of Liability is 51,000,000 or less shall be arbitrated at the option of either tt1e Company or the Assured. All arbitrable rnallers when the amount of liability 1s 1n excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and the Assured. Tlie Rules in effect at Date of Guarantee sh<:JII be binding upon the partres. The award may include attorneys' fees only if the laws of the state in which the land is located permits a court tu award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered 1n any court having jurisdiction thereof. The law of the situs of the land shall apply to ari arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upori request. 13. Liability Limited to This Guarantee; Guarantee Entire Contract. (a) ·rh1s Guarantee together with i:lll er1dursernents 1 if any, attached hereto by tt1e Company is the entire Guarantee and contract between the Assured and the Company. In interpreting any provision of this Guarantee, this Guarantee shall be construed as a wt1ole. (b) Any claim of loss or damage, wheU1er or not based on negligence, or any action asserting such claim, shall be restricted to tt1is Guarantee. (c) No amendment of or endorsement to this Guarantee can be made except by a wriling endorsed hereon or attached hereto signed by eitt1er U1e President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 14. Notices, Where Sent. All notices required to be given the Company and any statement in writing required to be Furnished the Company stiall include the number of this Guarantee and shall be addressed to the Company at 2 First American Way. Bldg. 2, Santa Ana, CA 92707. Form ~Jo. 1232 (Rev. 12/15/%) First Amerk:an Title Insurance Company < i ; ·' " ITl\.ltlU fl !.!!.!.!!.!! IY-91'7 11<15 flStll.lCST I lllff titt. __ ..., or, ___ ~W!i!!-'i"l'----------''-1!..: •, arallll .. tve.. 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(hrou,a. .. across an• MPO!II t"'9 Followl~ ft$trlb .. ,rop•rty la U•J CDllll!lly,. Vuh1Dgtoa., ...,,.. putluJ•r1r 4«urlhl H f111tlew1~ As described in Exlubit A~ which is attached. This e,ne:inent is gralll;.ed f-or the p.irpose of i!. vate:rlix:ie, 1'he eas.ement shall terainate vhen Graotor"s or its &5sign"s use-oft~ water- line ends, with Gr~ntor or it~ assigcs pro•idi09 writtea not.ice of the ter.ination t:Q Gr,taIJt.ee Q;[' its •ssigns a.Dd Grantee or it.s assi.ass iexecot.in-g ill reeonveyance of the easement to Grantor or its a.s.sigas \L?Ob,-req12er.t by Grantee or its a.s.sl.9:DS. Upon sach term.ination ... 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JO' oo· CAST, ll.00 fEET lU£ Olt lESS TO A l'OIIT IO<ltl IEAKs NORTI 11• c~· oa· ll'EST, AA!1 1.00 FEET flOH :SA.H POIIT ·1..•; THEIICE SOUTl ll' i)O~ oo· EAST. 1.00 FEET 1S IOlll "'A". AU 11 1111& cw1n. 11ASMIIUl"ttll. Lll'/'OSS EXBllll.T 1l. -- f-- l { ,• • f- t S&H l>trlU.ftrt -tlGMt 9n•t .. , It< •ut-50<"S"' &SSl!ll'l, 111111 Nft u.o r1,i,t, witlloot prior ootla or _...,,,1 1t hv, It so,;lo ti•• H atJ be ucesu.r.t b eatet' u,poa 1111 UOwe descrl-41 profl:rty for U11: ,urpose tf coann,c.t ... iDt .. ,aufafat. n,11r1tt1. altertq •r recoutrvctf1111h1 •t1ltt1H1 or Ntiag: 11,:,'cOMKtioft1-tllerwtm.. 'ldUOut 1M11rrS•1 UJ' lepl ob!i91tins ar 1fl\1Utt -_ turefttt. prarldef, tJN.t std! canstrvcttoa. •••U1•i,. reJ1,11irl91. 1lter1D1 or .--ul'IICt Ion of Siff •tll u1 .. shill be •cca-.llslletl • ,uc11 • -tut tJ>e ,rh•t• 1.., .... -u eatstf•f I• the rlglrt(s)-of-, .. n not lie flshrln or ,_9ef, t""1 will l>e rep1oci4 11 IS IOOf I con,lltlo• u tl!e1 voro l-fltel7 kf.,. tlle prn9erty was •--'7 tlle &ru~e. TIie ,, .. tor sul I f11l7 ... ud Mjoy thL 1foredescrllld -hes, lnclvdlo9 the r1g,t ta ret.t1 Pl rtrht: le He tk Surfillce If Sl14 rltfit-a,f-tAJ 1f Stldl llfH Coes .. t hnrftre vn• l>sul1•ttoo AMI .. tatnanct 11 tlle •tllltles. -..,., tM inn.tor sl'Lill Mt. erect luililia91 ot strvttllrtS onr. -4er or acrau tllc rlpt~f....,.,. dYrta9 the ulstence of sod otllltles. T-15 t•S<ft>t, S~lll be I .. nna•t .-Int vlt• tllo lind U, S~ll1 be •1141"') on the Gri11ter, llh SIICCUSOn, hefn ind usigns. £r111.t1n coven111t tllilt tkJ ,re t.11.e l1wf.t 01111ne:r1 ef tht 1bDve properUes 1.ncf tN.t they Uvt 1 900, lftd lM•l ~lght ta e~c,te th15 lgT'eeaeat. actt.ng tlu'oogh its division By:~-- ::;;: Pa:ilities Cllll'OIIATI fO~: STATE Of Wash in~ ~on ) CMTY Of ...::li:::"'l':..,,.. ____ , S5, """---I .... Ort U.f.s. -z ~ My of ~ • U !!. 'before ee .. tht uadts,.igaect, • IDUry Mlle 1• ud for tlle Stille w~~nru dul/ comfuianff 1nd SWOf"a ,ersoA1 ll,1 ,1.ppe1red J. J. !".elsoa tt •. ~ u be the Pi rest-Or 2,· :rac!..liti•• of &oein9 c-c:aaerei,11.l Aiirola.nes.- a di.v.iuoa of The Boe1ng Company. the cerporu100 that mclltd the: faie- galo9 flstr.-.ut, Ind 1driowledge4 tr.e s,id lulNleol to ~ the fT!e ,ne ,al'"'lll"J' u:t 111d dud cir ut, corpor1tfon, fcir the-uses 1n4 ,P11rposes. th.!rel1 aeAUanelll, tn!I 011 Htll -stlUd' tht tc.......,,autl'IDrhecJ to e.u-cute tile n1111 ia::tl'Ument ~d tf'li't tl>e $HI offbed 1s die C.Of'90l'iU SHI of Sil~ COl'fOrltlon, ~JT~fSS ,v i.nd and offl<l,1 seol boret1 1fflnd tli• ,,, ••d pu lo Liis certlf{coto 111n>-t wrltt ... • • ... [ cry = = ,.,.., ~ = = "" Ret/J/11 Add-ess. City Clerk's Office City of Renton JJ!lllUl,JJIII ClTY OF RENTON EAS 22.ee PAGE 801 OF 81S 1%/95/2"1 1B 28 KING COUNTY, 11A 1055 South Grady Way Renton. WA 98055-3232 llocumont Tilil(s) (er _,ran, ...,t,,lneo lheraln} ~p 1 Sanitary sew... Easement -Parcel Jll-I 2 J Reoortce Niimbtl'(1) of llocumsnll CIS&lgl'l8d or rallCBlld: (on page __ of dot:<Jmen\(s) G-antar(a) (Last nc,n,e !ht, fl1en flnit narn• and llltlaltt) 1 The 8oeng Compony 2 J 4 0 Adc;Uonal nomeo on 1><19• _ of document Grontco(s) (Lat n<111e Int, tl\oll !ht n..,.e !lld amals): 1 City of Renton 2 3 4 0 AdClbanoi names on page _ of document Legal dtdscnpllon (abbmlated· Le. lot, blade, plat or se<:\lon, township, n11ge) That PortKlf! of Government lot 1 111 tne Northwest Qucirter of Sectron B, To11nsh1p 23 North, Range 5 East. W M IX! F uK legal IS on pogo 8 of documenL """"'"'"''• Property r .. Porcel/Acccunt Number Portion of /08230590110/l SANITARY SEWER EASEMENT Parcel JB-1 For and m consideration of Ten Dollars ($10 00) and other valuable consideration the receipt of which 1s hereby acknowledged, THE BOEING COMPANY, a Delaware corporatJOn, ("Grantor" herem), hereby grants and conveys to the CITY OF RENTON, a muruc1pahty ("the City" herem), for the purposes hereinafter set forth, a nonexclusive perpetual easement, over, across and under the real property as depicted m Exhibit A hereto (the "Property"), m Kmg County, Washington Except as may be otherwise set forth herem the City's nghts shall be exercised upon that portion of the Property depicted on Exhibit A and more particularly descnbed m Exhibit B (the "Easement Area") Tlus easement 1s granted subject to and cond1t1oned upon the following terms, cond1llons and covenants which the City hereby promises to faithfully and fully observe and perform 1 Purpose The City shall have the nght to construct, operate, mamtam, repair, replace and enlarge the sewer p1pelme together with all necessary or converuent appurtenances therefor 2. Compliance with Laws and Rules. The City shall at all llmes exercise its nghts herem m accordance with the requirements (as from time to time amended) and all applicable statutes, orders, rules and regulations of any public authority haVIng Jurisdic!Ion 3 Removal of Fill Matenal In the event that the City encounters, or suspects that 1t has encountered any hazardous substances m the Easement Area m furtherance of its nghts set forth m paragraph l, the Clly shall cease all operations and IDJOOJ.<>160/SAOI I >?D 069J -1-6/1/0 I notify Gran tor If the encountered or suspected hazardous substances are not the result of the acts or om1ss1ons of the Cny, Grantor shall, at its own expense, deterrmne 1f the matenal ts hazardous, as deterrnmed by applicable Jaw If the ma ten al should prove to be hazardous, then the Grantor shall, al ns own expense, remove, dispose; or otheiw1se handle such hazardous substances, as necessary, m accordance with applicable law, or reroute the Easement Area, 1f possible If hazardous substances are removed, Grantor also shall proV1de substitute nonhazardous matenal to replace the removed matenal for the City to use m its operation, 1f necessary Should the ;:::; encountered or suspected matenal prove not to be hazardous, the City shall proceed -with the operations at Its own cost, with no recourse against the Grantor for the cost of ....., = schedule delays mcurred due to the delay m opera lion If the encountered or ;'.;; suspected hazardous substances are the result of the acts or om1ss1ons of the City, = Grantor's charactenzahon of the substances involved and any removal, disposal or "-" other handlmg ,costs mcurred m connectton with the removal, disposal or handlmg of --the hazardous substances will be at the Ct!y's expense, and the City shall have no ;; recourse against Grantor for the cost of scheduled delays incurred due to the delay m = ~ operat10n 4 The City's Use and Act1v1t1es The City shall exercise its nghts under this Agreement so as to mm1m1ze, and avoid if reasonably possible, interference with Grantor's use of the Property as set forth m Paragraph 5 he rem 5 Grantor's Use of the Easement Area and Access by Grantor Dunng Construc!lon Grantor reserves the nght to use the Easement Area for any purpose not mcons1stent with the nghts herem granted, provtded, that Grantor shall not construct or mamtam any buildmg or other structure on the Easement Area which would mterfere with the exercise of the nghts herem granted The City shall make proV1s10ns satisfactory to Grantor for continued access by Grantor along, over and across the Easement Area dunng penods m which the City 1s conductmg constructton or other actJV1t1es In the event of an emergency requmng muned1ate action by either party for the protection of its fac1ht1es or other persons or property, such party may take such achon upon such nonce to the other party as 1s reasonable under the crrcumstances 6 Indemnity The City agrees to mdernnify and hold hannless Grantor, Grantor's d!fectors, officers, employees, agents, servants and representatives from any and all acttons, liab1hnes, demands, claims, suits, Judgments, hens, awards, and damages of any kind or character whatsoever (hereinafter referred to as "Claims"), includmg claims for death or mjury to employees of the City, costs, expenses and reasonable attorneys' fees incurred by Grantor m defense thereof, asserted or ansmg (OJOOJ-0160/SAOI I no 069) -2-6mo1 :., c:.i = C.") '"" directly or md1rectly from, on account of, or m connection with the City's operation, maintenance and control of the Easement Area (and improvements thereon) With respect to all or any portion of the foregomg obhgat1on which may be held to be w1thm the pumew of RCW 4 24 115, such obhgauon shall apply only to the maxunum extent perm.med by RCW 4 24 115 7 Notices Notices requ1red to be m wntmg under this Agreement shall be personally served or sent by US mail Any nottce given by mail shall be deemed to have been received whc;n three days have elapsed from the llme such nohce was deposited m the U S mail addressed as follows To Grantor With a copy to And to To the City The Boerng Company c/o Boemg Commerc1al Airplane Group PO Box 3707 -MIS 2R-71 Seattle, WA 98124-2207 Attn Mr Rick Ford Phone (425) 237-2336 Boemg Realty Corporation PO Box 3707-MIS 2R-79 Seattle, WA 98124-2207 Attn Mr Jeff Adelson Phone (206) 544-59 I 8 Office of the General Counsel The Boemg Company PO Box 3707 -MIS 13-08 Seattle, WA 98124-2207 Phone (206) 655-2405 City of Renton Department of Development Seruces 1055 S Grady Way Renton, WA 98055 Attn Property Semces D1vtsion Phone (425) 430-7200 Either party may change the address to which nonces may be given by giving nonce as above provided 8 Access The City shall have the right of reasonable access to the Property over and across adJacent lands owned by Grantor to enable the City to [03003-0l60/SAOW70069) .). 617/01 = = 0:--, exercise its nghts hereunder, proVJded that the City shall compensate Grantor for any damage to the Property caused by the exercise of said nght of access 9 Title The nghts granted herein are subject to perrmts, leases, beens.es, and easements, 1f any, heretofore granted by Grantor affecting the Property Grantor does not warrant title to Its property and shall not be liable for defects thereto or failure thereof 10 Successors and Assigns The nghts and obl1gallons of the parties shall mure to the benefit of and be bmdmg upon their respective successors and assigns 11 Tennmation 11 I Tenrnnat10n for Breach In the event the City breaches or fatls to perform or observe any of the terms and cond1t1ons herem, and fails to cure such breach or default w1thm nmety (90) days of Grantor's g1VJng the City wntten nottce thereof, or, if not reasonably capable of bemg cured w1thm ~uch nmety (90) days, w1tlun such other penod of time as may be reasonable m the circumstances, Gran tor may terminate the City's nghts under tlus Agreement m addition to and not m hm1tallon of any other remedy of Grant or at law or m equity, and the failure of Grantor to exercise such nght at any time shall not waive Grantor's nght to tennmate for any future breach or default 11 2 Termmat1on for Abandonment or Lack of Necessity In the event that the property designated wtth hatch marks on Exhibit A ("Benefited Property") 1s developed with at least one bu1ldmg with a finished floor height of sufficient elevatton for a side sewer connecllon as 1dent1fied m Exh1b1t C (Sanitary Sewer Ava1lab1hty Report), the City ceases to use said Easement Area for a penod of five (5) successive years, or if for any other reason the Easement 1s not necessary to support development of the Benefited Property, then Grantor may terminate the City's nghts under tlus Agreement DATEDtlus IS" day of _~Ji.~l=t_, 1.L,~'----·• 200 I THE CITY: GRANTOR: City of Renton By 2:••-~ ~se Tanner Its Ma or IOJ003-0J60/SA011170 06'9J -4-6r1/0L ... :;:, = ,n ~- = = ,....., CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT I ~ DAWNE SHAVER I ;;; ' COMM I 1158725 Ul CX: .. No1ary Public Cahlorrna ~ en O~ANGE COUNTY - ~ MyComm Exp1res0ct "4 2001 l 10 be the person~ whose name~ 1s/are- subscnbed 1o the w11h1n 1nstrumenl and acknowledged to me that heW>ellhey executed the same in h1s/!>ef/lh-err authonzed capac1ty(te9), and that by h1s/tlefAfteT; s1gnature(sron the instrument the person(aj, or the entity upon behalf of which the person(sj" acted. executed the instrument WlTer::y hand and ofllc1~~ seal u)Y•--__ f j::\f o ve: \_ 5"J""IWoe' ol Nolijry Public ~~~~~~~~~~OPTIONAL Though /he informa11on below 1s not required by Jaw ,, may prove valuable lo persons relymg on the document and coulri preYen/ fraudulent removal and rearrachment of lhrs form to another document Descript1on of Attached Document Title or Type of Document ----------------- Oocumen1 Date --------~---Number of Pages ____ _ S1gner(s) Other Than Named Above Capac1ty(1es) Claimed by Signer Signers Name D lnd1v1dual D Corporale Officer -Tr1le(s) D Partner -D L1m1ted [J General D Attorney ,n Fact 0 Trustee U Guardian or Conservator CJ Other ------- Signer Is Represefltlng fop or t.humb here :.<.,.~,C.C<'..<.,'Gl,..-G(.-<.' .. •·,.;·C~'C<..,""""'CZ'C(.'C(.:C.(..;,C.,:,..'('_ .. ,;~A.,~~-.c{.-C:.C~~,CC,c.l,,;-Ct..,O.,::,ci;~~"C{:"-a:-"'C(.'C,:.;C.1.,'C(.-CV"""'<'--ea:.~,cz:o,...«"C.<;««-0..J< Cl 1997 NatoOnal Nol;i,,yA~~ho<1 93!,0 De So10Ave PO Bo.o; 2402 Chain-th Cf\ 9\J13 2402 -5• P1od No 5901 R"'°'dc:< Ca-loll free I 800 876 6821 = = ,.._, STATEOFWASHlNGTON ) ) ss COUNTY OF K,lNG ) On this ,J day of /,i_c.c,, ,-.,...L,;200 ! , before me the undersigned personally appeared Jesse Tanner to me known to be the Mayor of THE CITY OF RENTON, the mumc1pality that executed the foregoing instrument, and acknowledged the said mstrument to be the free and voluntary act and deed of said municipality, for the uses and purposes therein mentioned, and on oath stated that he was authonzed to execute the said mstrument WITNESS my hand and official seal hereto affixed the day and year above wntten [Ol003-0l60ISAOl I l70 069) S-tv~...--£) --1..,,~P.....i' ·(Stgn;;ire of Notary) s:·~-<.? A ,., " I) . L <> tlc'L, 'I,. -l (Pont or stamp name of Notary) NOTARY PUBLIC m and for the State ofWashmgton, residing at~ My Appomtment Expires ~ -6-6'7/01 ·- c-.:.. = ..,.., = c--, = = c--, / / ~ / t /(ft I I / / / / / l'-' ~o -..... i .... • N 8 "' z PROPOSED WT I 93,865 sq f1 2 154 acres N89'10'26'W 51388' EXHIBITMAP EASBENT PAACB. 38-1 PUBLIC SANITARY 8EW9' SYSTEM QL\ ""'1/4, SEC. 8, T23N, RSE, W.M. Pre ared Duane Hortman & Assac,ates Inc @ SCALE I "= I 00' LEGEND & STilEET l,IONU\.lEl!l IN C/ISE • SS w.NHOLE PROPERTY LINE ~ EASEMENT N00'29'31 'E, 427 34' N. 8TH ST. EASEMENT PARCEL 3B-1 LEGAL DESCRIPTION PUBLIC SANITARY SEWER SYSTEM BOEING PARKING LOT 3B RENTON, WA A 15 FOOT WIDE STRIP OF LAND IN GOVERNMENT LOT 1, IN THE NORTHWEST QUARTER OF SECTION 8, TOWNSHIP 23 NORTH, RANGE 5 EAST WM , KING COUNTY, WASHINGTON, SAID STRIP OF LAND BEING 7 5 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE ~-COMMENCING AT A CONCRETE MONUMENT IN CASE AT THE INTERSECTION OF ::: NORTH 8TH STREET AND GARDEN AVENUE NORTH, THENCE NORTH 00° 29' 31" ~ EAST ALONG THE CENTERLINE AND TANGENT OF SAID GARDEN AVENUE ;;; NORTH, 427 34 FEET TO A CONCRETE MONUMENT IN CASE AT THE RIGHT-OF- <::, WAY CENTERLINE POINT OF INTERSECTION, THENCE NORTH 18° 00' 30" WEST c--, ALONG THE TANGENT AND CENTERLINE THEREOF, 1414 93 FEET, THENCE AT A -· RIGHT ANGLE TO SAID CENTERLINE SOUTH 71° 59' 30" WEST, 41 70 FEET TO ~-= THE WESTERLY MARGIN OF GARDEN AVENUE NORTH AND THE TRUE POINT OF = '"" BEGINNING, THENCE SOUTH 80° 15' 11" WEST, 3417 FEET TO A POINT ON THE WEST LINE OF PROPOSED PARCEL 1 AND THE TERMINUS OF SAID CENTERLINE, THE SIDELINES OF SAID STRIP OF LAND SHALL BE LENGTHENED OR SHORTENED AS REQUIRED TO TERMINATE ON THE BOUNDARIES OF PARCEL HEREIN DESCRIBED (A PORTION OF BOEING'S PARKING LOT 38) CONTAINING 513 SQUARE FEET, MORE OR LESS Prepared Ry Duane Hartman & Associates, Inc Job No 00-146 May 24, 2001 Revised November 19, 2001 = ..,.., [O)OOJ--0160/SAOI mo 069) EXHIBIT C !Sanitary Sewer Availability Report! -9- I I 6/710) PROJECT NO. 00-10754 REPORT NO. 00-10754/001 SHORT SUUDIYlSION PARJONG LOTS 38 AND 6 SANITARY SEWER AVAILADILITY STUDY SANITARY SEWER AVAILABILITY BOEING REALITY CORPORATION SEATTLE. WASHINGTON SUMMARY DATE· JULY 26, 2000 REVISION l AUGUST 18. 2000 REVISION 2 MAY 7, 2001 Boeing Realty Corp 1s cons1denng subdividing Parking Lots 38 and 6 These are the two blocks bordenng Garden Avenue on the wesl and east sides, respectively between N Park and N E1gh1h Street Lo\ 6, lo the cast of Garde!\ c,aends cast to the ra1l tracks ThlS sewer ava1lab1hty study was perfonned by the Harris Group lnc to determine the area of each new short subd1vis1on lot that can be served by gravity sanitary sewer Each lot must be served by the ex1strng City of Renton sanitary sewer mam systems on N Eighth Street and Garden Avenue North The design cntena used to dc1ermine 1f gravity sanitary sewer was available to each new lot was as follows • Any pnvatc main or side sewer ou1s1de of the possible building envelope was sloped at O 5% Maml'ammg thts slope rcqrnres that those hnes be a minimum of ctght mches m d1amcter Sanitary sewer under the budding footpnnt were sloped at I 0% per the Umfonn Plumb,ng Code Secllon 708 0 Grade of Honzontal Drainage P,pmg Section 708 0 allows a I% slope when approved by the Admm1stra11ve Authonty For purposes of this study, the possible budding footpnnt area served by the sewer was conservatively calculated by assunung the transition from O 5% slope to I 0% occurs at the setback lme In rcahty, the actual building footpnnt will probably be further back than the setback lme because of park.in& requirements and storm water management issues Fm1Sh floor (FF) elevallon was de!enmned for each lot based on site grades or as required to prov,dc under bu1ldmg sanitary sewer coverage • The htghest allowable undi::r bulldmg footpnnt sanitary sewer grade elevation was set al 1 '-6 · (invert to top of finished floor) below the determmed finish floor elevation to allow for finished plumbing turndowns and bends Based on the design en ten.a above each new short subd1v1s1on lot has over 90 percent of its allowable bu1ldmg footpnn\ are3. av':l1lab\e to gravity sewer -s.cMCC to 2. portion of the ex1stmg C1ty of Renton sanitary sewer system -JO- = c--., = = '" Z DESCRIPTION OF FACILITY The following 1able provides a break down of the preliminary sewer design results for .each new short subd1v1s1on lot For each lot 1he determtned building finish floor elevation lS giiven, the ex!i)ected grade of Lhe sanHary sewer system out side of the available IOI bu1ld1ng footpnnt, the expected maxunum !eng1h of sewer !me under the buitdmg foot pnnt, the City of Renton santtary sewer sys1e1r1 manhole m which the lot will conn-ect 10, and a descnpt1on of how the lot will connect lp the City sewer system SHORT LOT BUlLDIN'.C SANITA.R" MA."<.lMUM ClTV S.Ai'IITARV HOW IS COl\f\[CTJON SUBDIVISION l<O FINL.Sil GR.AD£ AT LE1'GTH OF M,VOIOLE MADE FLOOR SETBACK SAN P1PE WHICH TH(. t.Oi £1..E.VATION (HD] UNDER BLDG CONNECTS TO (FEEl) AT I O'Y• SLOPE <r«n LOT 6 I 21 20 3S '" I SJ PUBUC SEWER MAIN LOT6 ' JO 22 JS 6l5 Ill PUBUC SEWER MAIN LOT6 J )2 ,. 9 l60 IS) PUBLIC SEWER MAfN lOT 6 • " '" s,o NEW MH E OF 61 SIDE SEWER LOTJ9 I " 116 '"' Ill PU8UC SEWER MAIN LOTJB ' " l 108 520 '" PUBLIC SEWER MAl'N LOT J.8 J JO l 22 (,g 600 '" PUBLIC SEWER Mi'.!N LOT JB J .fl/ 29 l ll 1 480 168 SIDE SEWER LOTJB , 17 I) 8j 160 JjJ PUBUC SEWER MAIN The following 1s a short descnptJOn of how each lot or a group of lots will be gravuy drained to the ex 1st mg City of Renton san11ary sewer sys1em • SHORT SUBDIVISION PARKING LOT 6 -LOTS I, 2 AND 3 Samtary sewer service to these three lots lS compltcatcd by the large 48-Lnch and 72-mch storm dram sewer mams that shield access to the existing e1ghHnch sanitary sewer main on Garden Ave N Based on conversations with both Dave Chnstenson and Ronald Straka with the City of Renton 1t was detennmed that 1\ would be feasible to route 1hc sanitary sewer for these lots through both the 48-mch and 72-mch stonn sewer systems !n each case a new manhole will need to be placed at each crossmg, and the samlary pipe will need to be sleeved in duc11le iron p1pe The other cntena 1mtia!ly set 1s !hat 1hc sanitary matn needs to be above the 70 percent now capacity tme of each pipe Based on this cntena the new lot pubhc sanitary sewer rnatn will be crossing through the 72-inch stonn sewer pipe at an eievahon of, approximately 20 4 feet in elevation or ) 8 feet above the mvert of the 72-mch pipe The attached drawmg shows this concept Once the pubhc sanitary sewer matn 1s on the east s1de of the 72-inch storm sewc:r a manhole will be placed to serve Lot I and provide extension of the public scwcr system to Lots 2 and J at a slope of O 5% • SHORT SUBDIVISION PARKING LOT 6 LOT 4: Sanitary sewer semce to this lot will require a manhole be installed on the existing 20" City of Renton sanit:Jry sewer main on North 8th Street approximately SO feet cast a f city Samtary Manhole 61 -H- ·-C'ol CT> .. :::, c, ._,., 3. = C'ol ~- ~-= = ,...., • SHORT SUBDIVISION PARKJNG LOT JB LOT I l111s 101 w,11 requ,re a public samtary sewer mam system e:x.tendmg J,-om the extstmg City or Renton .. Samtary Sewer Manhole 153 on Garden Ave N The e.istmg 12-mch City of Renton high-pressure waler main may need to be routed under 1hc new sewer 1f a conn,ct 1s encountered • SHORT SUBDIVISIO/'I PARKING LOT JB-LOTS 2 AND 3; These two lots will have a pubhc sanitary sewer mam system that w1II connect to the cx1stmg C1ty of Renton sanitary sewer manhole l 55 on Garden Ave N Outside of the bu1ldmg footpnnts of these two lots a sanitary manheh: Will be prov,dc lo convey the flow from each respective lot An alternate or additional samtary sewer service lo lot J will requJre the mslallallon of a side sewer into the exisllng Cuy of Renton Sanitary Sewer Manhole 168 on N Eighth Street • SHORT SUBDIVISION PARKING LOT 38 -LOT 4: This lot w,11 requ,re a public sanitary sewer main ex/ending from 1he exLS/rng C,ty of Ren/on Sanitary Sewer Manhole I 53 on Garden Avenue No Th,s pubftc sewer also .serves lot I ALTERNATE SEWER PLAN The following table provides a break down of the alternate prehmmary sewer plan for each new short subd1v1S1on Jot that allows each lot lo be provided sanitary sewer semce by a side sewer For each lot the delenmned bu1ldmg fimsh floor elevation 1s given, the expected grade of the sanitary sewer system out s,de of the available lot building footpnnt, the expected maximum length of sewer !me under the buildmg fool pnnl, the City of Renton sanitary sewer system manhole m which the lot will connect 10, and a dcscnpt1on of how the lot will connect to the City sewer system SHO~T LOT BUILDING SA.Nil A.RV MAX.IMUM CITY SA.NITA.RY l?OW lS CONN£CTJON SUBOrYISION NO FINISH GRADE AT LENGTH OF MANHOL[ WHICH THE MADE Ft.00.R SETBACK SAN PIP£ LOT CONNECTS TO ELEVATION (FEEl) lJND[R BLDG (HEl) AT I iW• SLOPE rftrn LOT6 I " l 1 lSO Ill SIDE SEWER LOT6 , JI 7 24 61 l PlPE SIDE SEWER LOT6 J J2 24 9 l60 1'6 SIDE SEWER LOT6 ' ll 247 180 PlPE SIDE SEWER LOT lB I 27 17' 790 Ill SIDE SEWER LOT lH l 27' 20 B llO ISl SIDE.SEWER. LOT lB J 30 7S UH 600 PlPE SLOE.SEWER LOT lB J Ah lH 1J l ,so i,a SIDE SEWERS LOT Jn ' 27 l7 l7 !JO P[PE SLDESEWfR The following IS a short descnpuon of how each lot or a group of lots will be gravity drained to the ex1s!mg City of Renton samt:i.ry sewer system • SHORT SUilDIYJSION PARKING LOT 6 -LOT!: Somt:iry sewer service to lh1s 101 ,s complicated by the large 48-inch and 72-inch slorm dr:un sewer m:nns that shield :iccess 10 1hc cx1stmg 8-1nch sanitary si::wcr main on Garden Ave N. D:ised on conversations wnh both Dave Chnstenson ond Ronald Siroka, w11h the C,ty of Renton, 11 wos determined thot ,t would be feasible 10 route the somtary sewer for 1his lot through both the 48-mch and 72-mch s,onn sewer syslcms In each case a new manhole will need to be placed at e:ich crossing, and the -\1,- ·-- = = ,-.., 4 samtary p,pc w,n ntcd to be s!cc..,cd m duc,1\c uon pipe The 01hcr cnlcna mllia\ly 5tt is that the sanitary mam needs to be above the 70 percent now capacity lmc: of each p1pc Based on 1h1s cn1ena !he new 101 pubhc sanuary sewer mam will be crossing 1hrough 1hc 72-mch stonm sewer pipe at an clcvat1on of approxunatcly 20 8 fr:ct m elcva11on or 4 2 feet' above the invert of1he 72-mch pipe The anached drawing shows this concept • SHORT SUBDIVISION PARKING LOT 6 -LOTS 2 & 3: Lot 2 will r~quirc the piaccment of s1Ue sewers over the top of the 72wanch and 48~mch stonn dram Imes The side sewer will drop mto the ex,stu,g e1ght-mch City of Renton pCT the City of Renton typical detail side sewer nser detail Lot 3 s,dc sewer will also go over the 72-mch and 48-mch stonm dram Imes, and then will enter mto the City Sanitary Manhole 158 • • • • SHORT SUBDIVISION PARKING LOT 6 LOT 4: Sanitary sewer serncc to th,s lot will require a s,de sewer coMecllon be installed on the ex1stmg 20-mch City of Renton santlary sewer mam on N Eighth Street approximately 80 feet east of City Sanitary Manhole 61 SHORT SUBDIVISION PARKING LOT 3B -LOT I: This lot will require the placemen, of a s1de scwCT mto cx1stmg C1ty of Renton samtary s.cwcr manho1e \53 on Garden Ave N The cx,sbng 12-mch City of Renton high-pressure water mam may need to be routed under the new side sewer 1f a confhct ts encountered SHORT SUBDIVISION PARKING LOT 3B -LOTS 2 AND 3: Lot 2 wtll have a s,de sewer that w,11 connect to lhe cx1stmg City of Renton Sanitary Sewer Manhole 155 on Garden Avenue N Lot 3 will havC" a standard City of Renton side sewer connection to lhe C1ry of Renton's 8" sewer matn and Garden Avenue An alternate or addwonal sanJ/ary sewer service 10 Loi 3 will require the insratlahon of a srde sewer rnlo 1he exrstmg Crty of Renton sanitary sewer manhole I 68 on N 8th Street SHORT SUBDIVISION PARKING LOT JB LOT 4 Sanitary sewer service to 1h1s lot w1U require a side sewer connecllon lnlo the exr.stmg C,ty of Renton samlary sewer approximately 70 feet north of Manhole I 53 CONCLUSIONS Gravity samtary sewer serv1ce ts available to each of the lots an the proposed Short Subd1vis1ons Parlang lots 38 and 6 Building sewer scrvtce should be available mover 90% of the allow bu1ld1ng footpnnt of each lot 1n our op1mon, the portions of the lot without coverage arc not s,gn,fic,nt because The areas not covered arc small It IS hkcly that any restrooms or other uses could be loca1cJ in a portion of the bmldmg 1hat has access • Park.mg and stoon waler mat13gcmcnt issues will red1Jcc the maximum size of the bu1IJing from th3t calculated to form the setback rcquucments alone. P:ukmg and stonn ,H1cr structures could be located u1 these areas where 1hc sewer docs not reach Jfyou have any GUest1on rc-gardmg methodology, routmgs, or concius1on of1h1s report please fc-cl lrf"t' 10 contacl l!ams Group lnc at (206) 494-9400 -f1- 5 APPENDICES • Site Plan (SK-Cl) Rev A • Ahemale S11e Plan (SK-C2) Rev A RSM/meh I .,.,,,,..s ,,, ., t,,t, t. 99-10745\t 0745rpl00 I_Rl doc cc RSM, IT, ROV, File -14 - Prepared by UARIUS~ cN,esh, PE Engmeenng Manager • -,_ ' o.r, - Return Address City Clerk's Office City of Renton 111111111111111 2001120 003128 OF RENTON iAS Z2 ea !lW ••1 OF 8111 IZ/tD/2891 15 ze KING COUNTY, IJA 1055 South Grady Woy Renton, WA 98055-323, Document TIUe(s) (Df tranaactlcr,a contained !heroin) '4F 1 Sonllory Sewer Easement -Parcel 38-4 2 3 Referll'lce Number(a) af Docunur,ta ontgned or rolacsod {on pa<Je __ of doc:umenl(s) Gnmtor(a) (Last ncme Int, !hon ffrat """"' and ll!ftlols) 1 The Boeing Company 2 3 4 0 Add1t1onal names on poge _ of document Granw:(s) (Las\ nome fn\, !hon first name ond rii\l<lla). 1 City of Renton 2 J 4 0 Add1t,onal names on page _ of document Legal desaipbon (abbrewllod I e. lo~ blocx, plot or BOCbOll, township. rango) That Port""' of Government Lot 1 1n lhe Northwest Ouorter of Section 6, Township 23 North, Rongo 5 East, WI! 00 Full legal ~ oo page 8 of document Assossor's Property Tax Parcel/Account Number Portion of #082305901100 •· = = "" SANITARY SEWER EASEMENT Parcel JB-4 For and m cons1derat1on of Ten Dollars ($10 00) and other valuable cons1derallon the receipt of which 1s hereby acknowledged, THE BOEING COMPANY, a Delaware corporation, ("Grantor" herem), hereby grants and conveys to the CITY OF RENTON, a muruc1pahty ("the City" herem), for the purposes hereinafter set forth, a nonexclusive perpetual easement, over, across and under the real property as depicted m Exh1b1t A hereto (the "Property"), m Kmg County, Washington Except as may be otherwise set forth herem the City's nghts shall be exercised upon that pon1on of the Propeny depicted on Exh1b1t A and more pan1cularly descnbed m Exh1b1t B (the "Easement Area") This easement 1s granted subJect to and cond1t1oned upon the following terms, cond1t1ons and covenants which the City hereby promises to faithfully and fully observe and perform l Pmpose The City shall have the nght to construct, operate, mamtam, reparr, replace and enlarge the sewer pipeline together with all necessary or converuent appunenances therefor 2 Compliance with Laws and Rules The City shall at all tunes exercise its nghts herem in accordance with the requirements ( as from !Ime to time amended) and all applicable statutes, orders, rules and regulations of any public authority having junsd1ction 3 Removal of Fill Material. In the event that the City encounters, or suspects that II has encountered any hazardous substances m the Easement Area 111 furtherance of its nghts set forth m paragraph J, the City shall cease all operations and ~1~ IOJ00)-0160/SADI 1~70071) 6/7/01 ' -- = = ,...., notify Grant or If the encountered or suspected hazardous substances are not the result of the acts or om1ss10ns of the City, Grant or shall, at its own expense, detennine 1f the matenal 1s hazardous, as detenruned by applicable law If the matenal should prove to be hazardous, then the Grantor shall, at its own expense, rem"Ove, dispose, or otherwise handle such hazardous substances, as necessary, m accordance with applicable law, or reroute the Easement Area, 1f possible If hazardous substances are removed, Grantor also shall proVJde substitute nonhazardous rnatenal to replace the removed matenal for the City to use m its operation, if necessary Should the encountered or suspected matenal prove not to be hazardous, the City shall proceed with the operations at its own cost, with no recourse against the Grantor for the cost of schedule delays mcurred due to the delay m operation If the encountered or suspected hazardous substances are the result of the acts or om1ss10ns of the City, Grantor's charactenzatlon of the substances mvolved and any removal, disposal or other handling costs mcurred in connection with the removal, disposal or handling of the hazardous substances will be at the City's expense, and the City shall have no recourse agamst Grantor for the cost of scheduled delays mcurred due to the delay m operation 4 The City's Use and Act1V1t1es The City shall exercise its nghts under this Agreement so as to mimm1ze, and avoid 1f reasonably possible, interference w11h Grantor's use of the Property as set forth m Paragraph 5 herein 5 Grantor's Use of the Easement Area and Access by Grantor Duong Construct10n Grantor reserves the nght to use the Easement Area for any purpose not mcons1stent with the nghts herein granted, proVJded, that Grantor shall not construct or mamtam any bmldmg or other structure on the Easement Area which would mterfere with the exercise of the nghts herem granted The City shall make provisions satisfactory to Grantor for contmued access by Grantor along, over and across the Easement Area dunng penods m which the City 1s conductmg construct10n or other actIVllles In the event of an emergency requmng unmed1ate action by either party for the protection of its fac1ht1es or other persons or property, such party may take such action upon such notice to the other party as 1s reasonable under the C!fcumstances 6. lndemmty. The City agrees to indemnify and hold harmless Grantor, Grantor's directors, officers, employees, agents, servants and representatives from any and all actions, habilibes, demands, clauns, suits, Judgments, liens, awards, and damages of any kmd or character whatsoever (heremafter referred to as "Clauns"), 11\cluding claims for death or in Jury to employees of the City, costs, expenses and reasonable attorneys' fees mcurred by Grantor m defense thereof, asserted or arismg [0300).(1160/SAOJ ).HO 071) -2-6/7/01 ' = = ""' directly or md1rectly from, on account of, or 111 connection with the City's operation, maintenance and control of the Easement Area (and improvements thereon) With respect to all or any port10n of the foregoing obhgat1on which may be held to be w1tlun the pUfVlew ofRCW 4 24 115, such obhgatlon shall apply only to the maximum extent perrmtted by RCW 4 24 115 7 Nouces Nonces required to be 111 wntJng under tlus Agreement shall be personally served or sent by U S mail Any nonce given by mail shall be deemed to have been received when three days have elapsed from the time such notice was deposited m the U S mail addressed as follows To Granter With a copy to And to To the City The Boemg Company c/o Boemg Commercial Airplane Group PO Box 3707 -MIS 2R-71 Seattle, WA 98124-2207 Attn Mr Rick Ford Phone (425) 237-2336 Boemg Realty Corporat10n PO Box 3707-M/S 2R-79 Seattle, WA 98124-2207 Attn Mr Jeff Adelson Phone (206) 544-5918 Office of the General Counsel The Boeing Company PO Box 3707 -MIS 13-08 Seattle, WA 98124-2207 Phone (206) 655-2405 City of Renton Department of Development Sernces 1055 S Grady Way Renton, WA 98055 Attn Property Sernces DiVIston Phone. (425) 430-7200 Either party may change the address to which notices may be given by giving nonce as above provided 8 Access The City shall have the nght of reasonable access to the Property over and across adjacent lands owned by Grantor to enable the City to [OlOO)-Ol60/SA011'70 011J -J-617/01 ' = = .._, exercise us nghts hereunder, proVlded that the City shall compensate Granter for any damage to the Property caused by the exercise of said nght of access 9 Title The nghts granted herem are subJect to permns, h:ases, licenses, and easements, 1f any, heretofore granted by Grantor affecting the Property Granter does not warrant title to its property and shall not be liable for defects thereto or failure thereof 10 Successors and Assigns The nghts and obligations of the parties shall mure to the benefit of and be bindmg upon their respec!lve successors and assigns I t Termmat10n I I I Termmat1on for Breach In the event the City breaches or fails to perform or observe any of the terms and conditions herem, and fails to cure such breach or default w1thm ninety (90) days of Grantor's g1V1ng the City wntten notice thereof, or, if not reasonably capable of bemg cured wlthm such ninety (90) days, w1tlun such other penod of time as may be reasonable m the circumstances, Granter may termmate the City's nghts under this Agreement m addition to and not m lumtatlon of any other remedy ofGrantor at law or m eqmty, and the failure of Granter to exercise such nght at any time shall not waive Grantor's nght to terminate for any future breach or default I I 2 Termmation for Abandonment or Lack of Necessity In the event that the property designated with hatch marks on Exhibit A ("Benefited Property") is developed wnh at least one bmldmg with a finished floor height of sufficient eleva!lon for a side sewer connection as identified m Exhibit C (Sanitary Sewer Ava1lab1hty Report), the City ceases to use s31d Easement Area for a penod of five (5) successive years, or 1f for any other reason the Easement 1s not necessary to support development of the Benefited Property, then Grantor may terrmnate the City's nghts under th.is Agreement DA TED tlus I '6" day of __ Ji=.=uc=.:.ru..-==------·• 2001 THE CITY: GRANTOR: City of Renton The Boeing Company, a Delaware COJ _!l!JllJ;fljji(JllL_ &::..~ By. Its Ma or (OJOOJ--0160/SAOI 1>70 071) -4-6n/OI • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT [)awn £;: Sl'l.1vfr /Juh1t1LR.~~?110 personally ap::red __,P...LJh"-1-"l,4p_...:.llJ _ __,C"-"_!Jl-'\:w='-+.,,.__"""~'~ .. --"'_°"""~-'-·_• _,_~_°"' __ ,._;;;_ • .-__ ' __ _ j -..., .. ._.., On 01.,, · I ~-0 I , before me, l .. DAWNE SHA I/ER ~ -' ,~ CJ) COMM , 11 S8725 w er ... • Notary Public Caltlom1a :0 U) ORANGE COUNTY '!: i O My :,omm Expues Oct 14 200, ~ ~ personally known lo me 0 proved to me on the bas,s of satisfactory evidence to be the person('Sj whose name(!I)-,slate subscnbed to the within instrument and acknowledged lo me that he/she/they executed the same ,n h1s/hetll.betf authorized capac,ty(1ee,, and that by h1s/lleflllle1r signature{&) on the rnslrurnenl the personM, or the entity upon behalf of whrch the person~ acted, executed the instrument WITNESS rny hand and off,c,al seal hC\.LLl)L E. ~ov-0\... Though the mformat,on below 1s not requrred by law ft may prove valuable lo per.sons rely,ng on the documenl and could prevent fraudulent removal and reattachment of lhrs form lo another document Descnp!ron of Attached Document Tille or Type of Document ---------------------------- Document Date -----------------Number of Pages ------- S1gner(s) Other Than Named Above Capac1ty(1es) Claimed by Signer Signer's Name D Individual D Corporale Officer -T1tle(s) D Partner -0 Limited D General D Attorney 1n Fact D Trustee 0 Guardian or Conservator D Other ------------------------ Top ol thu-ri:I tlefe Signer Is Represen!1ng ----------------------'------~ a<,<'..(.~~~"'a.-OC·C(.;C<,:·C,;C,.,.,a;--,,c;;~'C<.,.~~--C<;-u..:ooc<,«'U..ti:..i<X.'C(..~~,Cl.~~ :;; 0 1991 Nallonal NoltlfV Assocoahon 9350 De Solo A"9 PO Bo" 2402' ChatsWOfth CA 91313 2402 ... .., • Prod Ho 5901 Reoroe, Can l~ frff 1-&:I0-676 6827 ' = = <"'-' STATE OF WASHINGTON ) ) ss COUNTY OF Kl NC?.! ) On tlus 3,J day of~,.,).~,.,, 200 I, before me the undersigned personally appeared Jesse Tanner to me known to be the Mayor of THE CITY OF RENTQN, the mumctpality that executed the foregomg mstrurnent, and acknowledged the said instrument to be the free and voluntary act and deed of said mlllllcipahty, for the uses and purposes therem mentioned, and on oath slated that he was authonzed to execute the said rnstnunent WITNESS my hand and official seal hereto affixed the day and year above wntten (OJOOJ-0160/SAOJ 1,10 071 J (\g ture of Notary) .)L-{ 7. tt,, n I). L c v--bc, ,f} (Pnnt or stamp name of Notary) NOTARY PUBLIC m and for the State ofWashrngton, res1dmg at~ My Appomtment Expires ~ -6-6/1101 ' = cs. ...,. = = c.n = """ ---= = ""' I "'r "J';, .,J' J'/""' ~~J°"<& 'itJ I /1 I sr Iii' S79'32'58'E 1200' R=52762 L=B7 53 De1ta=09'J0'20' I 5.oo' 9'03'18"E PROl'OSEO LOT 4 120,J09 sq ft 2.762 acres N. 8TH ST. LEGEND 6l STREET WONUMENT IN Co.SE • SS MANHOLE PROPERTY LINE N89'10'26'W 513 88' EXHISIT MAP EAEEMENT PARCEL 38-4 PUBLIC SANITARY SEWER S'r8 I E:M QJ..\ t,Nif/4, SEC. B, T23N, R5E, WM Duane Hartman & Associates Inc 11 15 01 . ' . .' ..n EASEMENTPARCEL3B4 LEGAL DESCRIPTION PUBLIC SANITARY SEWER SYSTEM BOEING PARKING LOT 38 RENTON, WA A 15 FOOT WIDE STRIP OF LAND IN GOVERNMENT LOT 1, IN THE NORTHWEST QUARTER OF SECTION 8, TOWNSHIP 23 NORTH, RANGE 5 EAST WM , KING COUNTY, WASHINGTON, SAID STRIP OF LAND BEING 7 5 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE COMMENCING AT A CONCRETE MONUMENT IN CASE AT THE INTERSECTION OF NORTH 8TH STREET AND GARDEN AVENUE NORTH, THENCE NORTH 00° 29' 31" EAST ALONG THE CENTERLINE AND TANGENT OF SAID GARDEN AVENUE NORTH, 427 34 FEET TO A CONCRETE MONUMENT IN CASE AT THE RIGHT-OF- WAY CENTERLINE POINT OF INTERSECTION, THENCE NORTH 18° 00' 30" WEST ALONG THE TANGENT AND CENTERLINE THEREOF, 1414 93 FEET, THENCE AT A RIGHT ANGLE TO SAID CENTERLINE SOUTH 71° 59' 30" WEST, 41 70 FEET TO THE WESTERLY MARGIN OF GARDEN AVENUE NORTH, THENCE SOUTH 80° 15' 11" WEST, 3417 FEET TO A POINT ON THE EAST LINE OF PROPOSED PARCEL 2 AND THE TRUE POINT OF BEGINNING, THENCE SOUTH 80° 15' 11" WEST, 15 63 FEET TO THE TERMINUS OF SAID CENTERLINE, THE SIDELINES OF SAID STRIP OF LAND SHALL BE LENGTHENED OR SHORTENED AS REQUIRED TO TERMINATE ON THE BOUNDARIES OF PARCEL HEREIN DESCRIBED (A PORTION OF BOEING'S PARKING LOT 3B) CONTAINING 235 SQUARE FEET, MORE OR LESS Prepared Ry Duane Hartman & Associates, Inc Job No 00-146 May 24, 2001 Revised November 19, 2001 EXHIBIT C /Sanilary Sewer Availabilily Reporl] - ' I \ [0300J-{}J601SAOI I l70 069J =9-617/01 REPORT NO. 00-10754/001 SIIORT SUDD!VJSIOl'I PARKING LOTS 30 AND 6 SANITARY SEWER AVAILABILITY STUDY PROJECT NO. 00-10754 .,,.;;ANITARY SEWER A VAJLABILITY c--., SUMMARY BOEING REALITY CORPORATION SEATTLE. WASffiNGTON DA TE· JULY 26. 2000 REVISION \, AUGUST \&, 2000 REVISION 2: MAY 7. 200! ~- r- e:, = c-..., Bocmg Realty Corp JS cons1dcnng subd1v,dmg Parlang Lots 38 and 6 These arc the two blocks bordcnng Garden Avenue on the west and cast sides, respectively between N Park and N E•gh1h Srrcct Lot 6, lo the cast of Garden extends cast 10 !he rail !Tacks This sewer ava1lab1hty study was performed by the Harns Group inc to detenmne the area of each new short subdn·1ston lot that can be served by gravity sanitary sew<r Each lot must be served by the cx,sling City of Renton sanitary sewer main systems on N E1,ghth Street and Garden Avenue North The design cntena used to determine 1f gravity sanitary sewer was available to eac:h new lot was as follows • Any pnvate main or side sewer outside of the possible budding envelope was sloped at O 5% Mamta,nmg 1h1s slope requHe:s that those Imes be :a m1mmum of eight me hes m diameter • San11ary scwe, under \he \,m\dmg footpnnl were s\o~d al I 0% ~· \he Uniform P\umbmg Code Section 708 0 Grade of Honzontal Drainage P,pmg Socuon 708 0 allows a I% slope when approved by \he /\dmomstrahve /\ulhonty For purposes of \his study, the possible bu1ldmg footpnnt area served by the sewer was conservanvely calculated by assuming 1he ttans1!1on. from O 5% slope to t 0% occurs at the setback hne Ln rca!tty, the actual building footpnnl will probably be fw-ther back than the setback lme because of parking requ11emen1S and storm water managcmcnl issues • F1msh floor (FF) elevation was detenmncd for each lot based on s,te grades or as requrred to pro¥1de under building sanitary sewer coverage • The highest allowable under bu1ld1ng footpnnl sanitary sewer grade elevation was set at I' -6 · (invert to lop of finished fioor) below the determined fimsh floor elevation to allow for fimshed plumbing tumdowns and bends Based on the design cmcna above each new short subdivision lot has over 90 percent of its :allow.ible bu1ldmg footpnnt an::a avililable to gravity sewer serY1cc to a portion of the existing City of Ren Ion sanitary sewer sys1cm -lb- • = <-, -- 2 DESCRIPTION OF FACILITY The foHowmg table prov1dcs a break down of lhe prehmmary sewer design results for each new short subd1v1srnn lot For each lot lhe detennmed building finish Ooor elevation 1s gtven, the expected grade of the sanitary sewer syslern out side of 1he avatlabk lot building foocpnnt, the expected maximum length of sewer hne under 1he building foo1 pnnt, the City of Renton sanitary sewer syste,n manhole m which the lot will connect lo, and a descnp11011 of how 1he Joi will connect tp the City sewer system SHORT LOT BUILDING SANrtARY MAXl~lUM CITY SANITARY HOW IS CONNZ:C'TI DN SUBDIVISION NO FINISH GRAOE AT L£1'CTHOF MANHOLE MA.DE FLOOR SETBACK SAN rn•r. WIUCH TUE LOT ELEVATION (FHT) UNDER BLOC CONNECTS TO (FCEl) AT I OY, SLOPE ,rem lOT6 I 28 10 Jl 615 Ill PUBUC SEWER MAfN LOT6 1 10 2:215 ;,, "' PUBLIC SEWER MAEN LOT6 } J2 ,.. l60 1$) PUBLIC SEWER MAl'N LOT6 • l2 '" sso NEW MH E OF 6' SIOESEWER LOT)B I 11 17 6 790 15) PUB UC S£1YER. MAIN LOT)B 1 27' 10, 520 "' PUB UC SEWER MAIN LOT .18 ) JO 2 120,8 600 Ill PUBLIC SEWER M.ArN LOT 38 J Ah 29 J lll ,,o 168 SIDE SEWER WTJ8 ' " I~ l:l 760 / jJ PU/lUC SEW~ MAIN The following "a shon descnp11on of how each lot or a group of lors w,11 be grav,ty drained to <he cx1st1ng Caty of Renton samtary sewer system • SHORT SUBDIV1SION PARKING LOT 6 -LOTS 1, 2 AND 3 Sanitary sewer service to these chree Jots ts complicated by the large 48·mch and 72·inch storm drain sewer mams tha1 shield access to the existing e1ghHnch sani1ary sewer main on Garden Ave N Based on conversations wuh both Dave Chnstenson and Ronald Straka wtth the C11y of Renton 11 was derermmed that 11 would be feas,ble to route the sanitary sewer for these lots through both the 4&-mch and 12-inch storm sewer systems ln each case a new manhole w1\I need to 1,e placed at each crossing. and the sanitary pipe will need to be sleeved in ducttle tton pipe The other cnten.i 1mt1ally set 1s that the sannary marn needs to be above the 70 percent flow capacLty lmc of each pipe Based on this cntena the new lot pubhc sanitary sewer mam wtll be crossing through the 72-mch storm sewer pipe al an eleval!On of• approximately 20 4 feet 1n elcvahOn or 3 8 feet above the mven of the 72-,nch pipe The anachcd drawmg shows this concept Once the public sanitary sewer main ,son the east side of the 72-mch s<onn sewer a manhole will be placed 10 serve Loi 1 and provide extens,on of the public sewer system lo Lots 2 and J al a slope of O S% • SHORT SUllDlVlSION PARKING LOT 6 -LOT 4. Sanitary sewer servtce to rh,s 101 w11l require a manhole be installed on the ex1sttng 20" City of Renton sanitary sewer main on Nonh 8th Street approximately 80 feet east of city Sanitary M,.nl,olc 61. -11- ' - = ""' 3 • SHORT SUBDIVISION PARKJNG LOT JB -LOT I 1lus lot will require a public samlary sewer mam system e.xiendmg from the cx1stmg City of Renton .Sanitary Sewer Manhole 153 on Garden Ave N The ex1stmg 12-mch City of Renton high-pressure water mam may need to be routed under the new sewer 1f a confl1c:t 1s cncoonlcrcd • • SHORT SUBDIVISION PARKING LOT JB-LOTS 2 AND 3: These two lots will have a pubhc sanuary sewer main system that will connect to the existing City of Renton sanitary sewer manhole 155 on Garden Ave N Outside of the bu1ldmg footpnnts of these two lots a sanitary manhele will be prov,de to convey the flow from each respective lot An alternate or addwonal sanitary sewer service to lot J wz/1 require the 1n.stallat1on of a srde sewer into the exLStrng Cay of Renton Sanitary Sewer Manhole 168 on N Eighth Street SHORT SUBDIVISION PARKING LOT 38 LOT 4, ThLS lot will require a pubhc san11a,y sewer mazn extending from the exLStmg Cuy of Renton Sanitary Sewer Manhole 15 J on Garden A venue No Thu pub/re sewer also serves Loi I ALTERNATE SEWER PLAN The following table prov,des a break down of lhe alternate prehmmary sewer plan for each new short subd1v1s1on lot that allows each lot 10 be provided sanitary sewer service by a side sewer For each lot the de1enn1ned building finish floor elevation IS given, the expected grade of the sanitary sewer system out side of the available lot bu,ldmg footpnnt, the expected maximum length of sewer lme under the bu1ldmg foot pnnt, the City of Renton sanitary sewer system manhole m which the lot will connect to, and a dcscnpllon of how the lot will coMect to the City sewer system SHORT LOT BUILDl~G SANITARY MAXIMUM CITY SANITARY HOW 1S CONNECTION sueorvISION NO FINISH GRADE AT L[NGTHOF '1ANHOLE WHICH THE MAJ>[ FLOOR SETBACK SAN r1r£ LOT CONN[CTS TO ELEVATION [FEEl) UNDER BLDG (FEEl) "r I o•.t. SLOPE lf[rT'\ LOT6 I 18 21 lSO 1 lJ SIDE SEWER LOT6 2 317 24 6ll PIPE SIDE SEWER lOT6 ] l2 l4. l60 ll6 SJDESEWER LOT6 4 32 241 l80 PIPE SIOESEWER lOTJB I 21 17. 190 Ill S10ESEWER LOTJB 2 '" lO 8 llO "' SIDE SEWER LOTJB ] 301S 23 2S 600 PIPE SIDE SEWER LOT JD J All 29 l l] l '80 168 SIDE SEWEJU LOT3D • 11 17 l7 8]0 PIPE SIDE 51:WER The following ts a short descnptton of how each lot or a group of lots will be grav,ty dramed to che existing City of Renton samtruy sewer system , SHORT SUBDIVISION PARKING LOT 6 -LOT I: San1t:,ry sewer service 10 th,s lot " comphcaled by the large 48-mch and 72-mch storm dram sewer mains that shield access to the cx1st1ng 8-1nch sa.nnary sewer main on G;:irdcn Ave N Dascd on convcrs:Jhons w,th both Dave Chnstenson 3nd Ronald Straka, wnh the: City of Renton, 1t was deterrruned that it woulJ be feasible to route the santtary sewer for th,s lot through both the 48-mch and 72-mch stonn sewer systems In each c:Jse a new manhole will need to be p);iced ill each crossmg, ::ind 1h.: ~ 11.- ' . . = "" = = ""' 4 • • • sar.Hary p,pc w\11 need to be -sleeved in duc\llc 1ron p1pc The 01hcr cntcna m1tiaUy set 1s that tbc: sanitary mam needs to be above lhc 70 percent flow capacity line of each pipe Based on thJS cntena the new lot pubhc sanitary sewer mam will be cross,ng through the 72-mch storm sewer pipe at an eleva11on of approximately 20 8 feet m elevation or 4 2 feet above the mven of the 72-mch pipe The attached drawing shows thtS concept SHORT SUBDIVISION PARKING LOT 6 LOTS 2 & 3: Lot 2 wlil r~quire the placement of sitte sewers over the top of the 72-mch and 48-mch storm dram Imes The sode sewer w,JJ drop mto the existing e1ghHnch Cuy of Renton per the City of Renton typical detail side sewor,c,ser detail Lot 3 side sewer will also go over the 72-mch &nd 48-mch storm drain Imes. and then will enter into the City Sanitary Manhole 158 SHORT SUBDIVISION PARKING LOT 6 LOT 4: Sanitary sewer sernce to th,s lot will require a side sewer coMection be installed on the existing 20-,nch City of Renton sanitary sewer mam on N Eighth Street approx,rnately 80 feet cast of City Sanitary Manhole 61. SHORT SUBDIVISION PARKING LOT 3B LOT I: Th,s Jot will require the placement of a side sewer mto extStmg City of Renton sanuary sewer manhole 153 on Garden Ave N The extSbng I 2-mch City of Renton high-pressure water mam may need to be routed Wider the new Side sewer 1f a conflict 1s. encountered • SHORT SUBDIVISION PARKING LOT 3B LOTS 2 AND J• Lot 2 will have a side sewer that will coMeCt to the ex1S11ng City of Renton Sanitary Sewer Manhole 155 on Garden Avenue N Loi 3 w,11 have a standard City of Renton side sewer connecnon to the C1ty of Renton's 8" sewer main and Garden Avenue An alternate or addrllonal sanllary sewer serv,ce lo Lot J wr/1 requ.1re the rnslallallon of a srde sewer mto the ex1stmg Ory of Renton ,an,/ary ,ewer manhole 168 on N 8th Street • SHORT SUBDIVISION PARKING LOT JB -LOT 4: Samlary sewer service to 1his lot wtll requzre a side sewer connectron mlo the e:.nshng Cay of Renton samtary sewer appro:uma/e/y 70 feel north of Manhole I 51 CONCLUSIONS GraVlty sanitary sewer semce 1s available to each of the lots in the proposed Short Subd1V1s1ons Parlang lots JB and 6 Butld111g sewer sernce should be ava1Jable tn over 90% of the allow bu1Jd1ng footpnnl of each lot In our opinion, the portions of the lot without coverage arc not S1gn1fican1 b,causc • The areas not covered are small It 1s hkely that any restrooms or other uses could be loc,1cJ in a portion of the building that has access • Parkmg and storm water management issues will reduce the maximum s1zc of the bua!Jms from thal calculated to fonn the setback reqmrements alone Parlong and storm ,.,rcr structures could be located in these areas where the sewer docs not reach ff you have any question regarding methodology, routings, or conclus1on ofth,s rrport please feel Ir« to contact H:ims Group Inc ol (206) 494-9400. -11~ • . . s. APPENDICES • • RSM/mch S,te Plan (SK-Cl) Rev A Alternate S1te Plan (SK-C2) Rev A I EXPIAES ""' t,c,t, t,. 99·10745110745rp1001_R2 doc cc RSM, IT, RGV, File Prepared by HARfilS:~ cN,esh, PE Engmccnng Manager ' '\ f U"rlLlitB II !.~i!.~!.!!. ll'IIS i~;RIJ.'1l.N!', -de tt",is_J_~,· e>f._~Oc~t~ube=~'------------rS,t!S ; '1i.. ,itltC DC t ...eefl,-n,v-,,.,,cC-:=-,c,.,------'•n• :t ~~~ ..l.l"l?A..,f, klong t.hc...u.s-i -------------------!" \.tz,;.,:G .i.nd ________________ ~~-- s"o:"'-""c:"e:c".oc.H£R:o,.::.::,:0=2.cL.i.~"-""""s:,,"",e"'-!e...,~:·!:!!:· <,c"u· _____ •• ri.; ________________ _ __________________ ..... ________________ _ t:aef'e,;iwfte, u.J;itlf "Gr.antor(s.)" • .ane the-c1n or 11.[H':ON, • ~it.i~i Corp0,.,tion of 1t.in51 ;:..., .. nty, o/,iS.hCngtoa, i:w!rein.aftet c.alled ''C'.roilni.ee"- Irwt uid C'.r-tor{5), for~ in c.on5.iaer•ti0tl of the s• or S ..QE" .Jvllai:- ~--------------I'aid by f.rM'lltt, ,11nd ot.t\er v.al~ble ,oauidcrat;.on. do "7 !r.c.se-~re1enu, sr~nt, ilou~in, sell, C.O."Ovey, •nd w.11rr.&r1t YAlo the s..id C'..r•ntce, its ~..c .. cu11;ii'·1 .&Rd •s.s,gns, ~ eillse-:nt for p&&blic .. tilities Ci1>Cludit>9 -ter"""' '5o-r) with ~,c~i•r! ,.P~urte~cs over, througft,~ ~cross &n~ upon tlw following; dcs~ribed property 111 ~•:!IS .. °"""t't, lh-sll:ngiot'I, aore ~rt,cul..a,rly cl-escribe:CI ,H. foll~; TdA.1 r'OiHOli OF i'1l£ SOLITS.EAST ~Alli .-R Of Il!E: !.OUnWF.ST Ql.iA.RiE:R CF S!CT lOII l!, TOliiNSHIP 23 HOi:ff, .~ 5 EAST, \i.!f., ,:rNG CUuNTY. WASHINGTON, !JESCJl;!B!IJ AS rotLl)lr.'S: CJ.JM:.IIDiCIIIG AT ii'.! SOt..lliWES't i;oit11£R OF SA10 SOlii'liU.ST ~l.'.AR':i::I; T!it::!ict M}LifK ,99•21'25" UST 29i.,~ FEt"' A.LDNG THE :.Ol1TH Ll:ff: OF SUD S0lll1it:AST Q'JAiTEl. Sol.ID S(..i..'TII Ll1'f AUO 5Ellie nE NORTH AAICIM 'lF !«>RTII EIC1il'H S /'I.EET TO l'lfl: TRUE POIS! Of SECiN;;I!iC; nlENCE COH!l!,.'t:IMG S.OL,"Tif 89"'27'2:S .. UST 15 ~!!; THENCE !!iO.i>.!li o•n•JS-' US! lS rt:£":"; TliENCE '...JRTil 8ii•27'2'>" WEST U, FEET; !"r.~E .:>01,.rOI 0•32'35"' WEST )8 FEET TO TllE: um: POifi nf k.CUdH!eG • .... ,._ . :.r...-_L~·-·. _.!_·~ FIEI Fii mll ll Qllt If -·•111• ---•••• -·· ·- ; .. .J , i a n r-- S.i, iw:rct.;if::att men.t1oned s;u1.:ee. 1u ~1.11:,enort or usigns. ;hill !'iue :.~ ri9l'lt. w1:.~t ll,:-io, !ICt!ce or p~ctec:ng &t :.av. ,tt ,-:.,ch ti11es as ff'.IY be "tu1Hty to eottt ~ i..a.iC abreitt Cts.cribM ~r:i~rty '.or tM pi..r;,ose of ccns.truct• 1n1, .. ,nuinu,,. ~1rin9. alter1111g or rt-constni.c;t1ng Hid utilities. or ui.ing .&nJ ..omecti~ :.t.ere.itll. •it."\Ctlt i11curr!11g t., 1eg1: llbhg;.tt0n$ ar !i1bilitr :.:ierefarr. ;:r;, .. 1.Jed. t/Wlt SiM;~ ,~.,s.~c:.!oa. :111:nL;ni:ig. re;uiririg. 1iteriny ar ""C:CDAStn.ct:car: of s.&id i.tilities 5,N.ll be .1ctQ11Phs~ee ill s.uch: a llloott' Wt UJe- :,,r:,ite :c,ro,e.aU ulstilll in W · :if,t{s}"'\llf-wy shill not bf disturbed or ~!J:d. !-"le)' will M: ~til~dctd io u g.QQCl a condi:,:l)l'l H the.; .ere i~iAtely DefON' tk: propert., IIIIS eatered 1,1por1 I>)' t.lt! ~UI~. Tnt: r.r&n:.or sun f"'lly 14.1! ud en.Joy tl'IL.a.foredes.c.ribed orsises. iKlwd,if\lJ .ae rfgtlt to re:tai111 uie r~pt ta :.se the H1rf,1c~ of 1.1.:d rigU•ot"·_.y if swch :;se lieu ftlt 1-snerfere 111itl'II uist111•tlon end 111,1inte'!'lj,ftCe at tile utilities. lioaiewer. ~-grator !Al.11 Mt ttte:! bui ld~ngs o,. S.!rut.t.w.f'IM ~ff,.. w.a.dl or 1cros$ the r-·,gllt-of-•r 4'1..riag tile e.ds~ of s.i..Cft "t?litio?S. Tit" ~ill'illm'lt. mill be l eo-~.:N.nl nJMing 111itll :.he ii.nd aec: UWill t.e bindii,g GIii tfte f.l"j,etor. tns successors. heirs •ftd .a.Higns. Gr,1r.tars c~1tenant :.holt w, ,~ tlle l111ff•1 t1r11m.n. of tlle 1bo-te ~, n;n and that they have a good tnd lawful .-1Ql'lt to eu::ute tilts •tret-nt-~ aJ£X cat'A.t.Y •. ftctl.JI& the~ _ .. _._-_· ----~'--:...· ___________ .... ----------------- ~==· =· =-~~=-·::.:::=·=·~·,:..::=:::·:,· ·"·"~""'-. ".;c&"· ,,,, .... ,,_. _ __, ... ---------------- ulAPORA rr f OJ111: IS CDlliTY Of t), !his f""'n-'lo day of~~ • J~ before r.,e~ the undersi(}'led, 1 IOUTY P!Jbhc 1n ard ff!'" the St.au of 4&Jw£~:pu. dult COQl.issiane,j a11d s1110m p,enoun, !PS>ei1:red j J ~~-.o-,. o!l\ tt, e UICllll'I to be the biti-!-l'x¥ &-.,~and ~ respectively, of.~ ?:ce:V1ztr: vm.-,...__~ the carporat:oo that executed the fore- ~Hl!J 1nstruaent, &nd aci.nOWedged t s41d instr:m;ent t'l be :.!1e free and vol i.mtary ~ct and dee:i of stid corporatico, for the uses and purposes th~rein ~tioned, 4nd or. ~.!th sUted th.lt ~ \$ a:J!.hc.ri2e<l to_ ~xeal'. ~ t™: said ir-.trune'lt and that the su1 lf'fiud is '°rporate se-al 'Jf s1td c.or» 1rc.t1on. WlHtUS my hand and offi:cia1 se,.1 nerttc affixeJ the d1.v i11nd ;·ear in this C!'f"tifiute aboll'f: llll"itten. I j ---' • • • • vmE'<t '· ·· • ·.,. ·n:il.NTO: 0(1,., .• RECEIVED iHIS DAY P.t1ft,•C, : ' • • ._,Ju,g 200 ~Ill ,., ""' ·~ ~LIi, ~WAWlll~S EASEMENT .Im. 15 .". RCC'.C·. 11 01 All '96 . OF -~: flO!tS ... 'if For ancl in consideration of One Dollar ($1.00) and other valuable consideration the receipl of which is hereby ocknowledged, THE BOEING COMPANY, , Delaware corporation, acting by and througl\ its. division Boeing Commercial Aitplane Group. (HGrantorH herein), hereby grants and conveys lo The City of Renton, a mu"''cipality of the State of Washington corporation ("Gr.mtce" herein), for the pw]')O!iC:i hereinafter set forth a non-cxclu:.ive perpctualeasemenl, over. across and under the real property, in King County. Wa'ihington, as described in Exhibit A, such ca.'\Cment 10 take up the portion of such propeny as is de,scribed in Exhibit B and depicted on Exhibit C (the "Easement Area"). \\'hich such e,:hibits are auached hereto and incorporated herein by this rcfi:rence. This easement is granted subject to and condiUoned upon the following terms. e:OPditions and covenants which Grantee hereby p~omisc~ to faithfully and fully observe and perfonn. I. ~-Gran,ee shall have tltc right to construct.. opera.le, J'i\a.Lntain ud repair a motor control panel. architectural wall. and railing, together with all necess.uy appurtenances, in cor •. 1eclion with the installaLion, operation. and ma.inrenance of a lift station. 2. Con:m!i;mce with Laws and Rules. Grantee sha..11 al .a.JI times exen::ise iis righrs I:! herein in compliance with all applicable laws and regulations. " " 3. Removal or Fill Matt:rial. Jn the event that Grantee c:ncouniers, or suspec:L,; that it ha.,; encoun1ered any hazardou..'i substances in the: Eascme;ll A~ in fu...,herance of it,; rights set forth in paragraph I. Grantee shall cease. all Qpera.tions and notify Grantor. If the encountered or su:,-pc:ctcd hazardous substances are not the iesuh or lhe acts or omis.'iions of Granlee, Gn.ntor shaJJ. at iLs own expense, determine if the malerial is hazardous. as determined by applicable law. If the material should pto>e to be hazardous. chen the Gran1or shall. at its own expense. remove, dispose. or otherwise handJe such hazardous substances, as nt.cessary, in accordance with applicable Jaw, or reroJt~ the Easement Area, if possible. If hazardous substancc.s mt: removed. Grantor also sh.II provide substitute nonhazardous material to replace the tt:mo'lcd rnitcrial for Grantee to use in its operation, if necessary. Should the encoun1cred or suspected maktial prove not lo be ha.un:lous. Grantee. shall proceed with the operations 'it its own cost, with no ~WiC against the Grantot for lhe cost of schedule delays incllrrcd 3 I . ! 1 ---------. . -. . . _,. -~-~·--~----------~ --··-~-~~~ -~~-~----~--_,_,,___~------~--~-~---·· 1 • • • due lo the delay in operation. If lhe encountered or suspected hazardous sub!i.unces • are the re.f;ult of the acts or omissions of Granlee, Grantor's characterii.ation of the :-.ubstances involve.d and any removal, disposal or other handling coslS incurred in connection with the removal, disposal or handling of the hazardous substances will be at Grantee's expense, and Gran1ee shall have no recourse against Grantor for the cost of schedule delays incurred due to the delay in operation. Any environmental mitigation ~uircments imposed as a result of the exercise of any right or obligation of Grantee htreundcr shall be the sole responsibility and expense of Gr.uuee . 4. Granite l Jse aod Activities-Except as provided in Pacagraph 1, Grantee shall not use, or allow the use of, the Easement Area for any other purpose whab«ve.r. Grantee shall exercise its rights under lhis Agreement so as to minimize, and avoid if rea~onabty possible, interference with Grantor's use of the Easement Arca as set forth in Paragr,1.ph 5. Grantee shall. at all times, exercise its rights hereunder in a manner so as lO prevent bodily harm to pem,ns (whomsoever) and damage to property (whalsocver). Grantee shall maintain and repair the Easement Area (and improvements ther<!on) as necessuy to keep the same in a neat. clean and safe condition. 5. Grantor'!; 1 Jse of the Ea.wnXrnt Area and Accs;ss by Grantor Purine Coosbuction. Gr.mtor reserves lhe right to use the Easement Alea for any purpose not inconsistent wilh the rights herein granted; provided, that Grantor shall not construct or maintain any building or other structure on the Easement Area which would interfere with the exercise of the rights he,ein gr.mk:d. Grantee shall make provisions satisfactory to Gran tor for continued access by Gran tor along. over and across the Easement Area during periods in which Grantee is conducting consuuction or other activities. In the event of an emergeney requiring immediate action by either party for the protection of its facilities or other persons or property, such party may take such action upon such notice lo the other party as is reasonable under the circumstances. 6. Indemnity and Insurance. Grantee agrees to release, indemnify anc:i hold hamlless Grantor, Grantor's directors, officers, employees, agents servants and representatives from any and all actions, liabilities, demands, claims, suil.'i, judgmenL,;;. liens, awards, and damages of any kind or characlcr whatsoever (hereinafter referred to as "Claims"). including claims for dealh or injury to employees of Granto<. costs, c~penses and reasonable attorneys' fees illCurred by Grantor in defense theieof, a.-.sencd or arising directly from, on account of. or in connection with Grantee's negligent operation. maintenance and control of the Easement Area (and improverncnlS thereon) or willful miscondUCt in connection therewith. With respect to all or any portion of the foregoing obligation which may be held to be within the purview of RCW 4.24.115. suoh obligation shall ,pply only to the maximum extent pcrmiu.d by RCW 4.24.115. /1.s between the parties and forpurp,scs only of the obligations herein • i I • • j i ' i , --- - ------- ~···---.~-------'=~--···-~------·, . .:.. .... _,-.. --.--..-~~-===-=-=-=-=·-=-------·---- ; .I • • • assumed. Grantee waives any immunity, defense or other protection tha1 may be awarded by any worker's compensation, indusbiaJ insurance or similar faws (including but no! limited to, the Washington Jndustrial Insurance Ac1, Title 51 of the Rcvise.d Code of Washington). 7. Abandonment. The rights herein granted shall continue until such time as Grantee ceases to use said Easement Arca for a period of five (5) successive years, in which event this casement shall temlinale and all rights hereunder shall revert to GranlOr. 8. ~-Notices n:quir<d to be in writing under this Agreement shall be personally served or sent by U.S. mail. Any nolicegi,en by mail shall be deemed to have been received when tluee days have elapsed from the time such notice was deposited in the U.S. mail addr=cd as follows: ToGrantor: Boeing Commercial Airplane Group P.O. B00t 3700 -MIS 7H6 Seattle, WA 98124-2207 AllD: Manager of Planning & Leased Properties Phone: 237-194S with a copy to: To Grantee: Boeing Commen:ial Airplane Group P.O. Box 3700 -MIS 76-52 Seattle. WA 98124-2207 AllD: Group Counsol Phone: 237-2682 Aun: ------- Phone: ----- Eidier pany may change the address to which nolioes may be given by giving notia, as above provided. l l i I. • ----~--· -~-': . ........;._:;, .--···-·-~--.. ~ -. --. -~ -··--·'----·· -·-~---------------._ ~· ~--.... -· -.. 1··-·· ., • • • • q ~-Grantee shall have the riglH of reasonable access to the Easement Arca over and across adjacent lands owned by Grill_llOr to enable Grantee lo exercise its riglns hereunder, provided that Grantee shall compensate Gran tor ft. any danutge io the Easement Area caused by the exercise of said right of access and the cost of any repairs resulting 1herefrom at the actual cm,1omary CO:il of such repair. 10. No Warranties, The right,; granaed herein are subject 10 pennits. leases. licenses. and easement,;;, if any. here1ofore granted by Gran tor affecting the E:isement Area. Grantor does not warrant title 10 its propcny and shall not be liable for defects thereto or failure lhcrcof. Any plans, specific;,lions. or drawings (collectively, ·submittal") provided by Grantee to Grantor pursuant to this Agreement arc for Grantor's informational pu,poscs only. Any analysis, review or approval by Granlor. or Gr-mtor"s failure 10 analyze, review or approve such Submittal {including faihue 10 discover any error or defect in such Submiual) shall not relieve Grantee of ai1y of its obligations under this Agreement. Grantor hereby expressly disclaims any .and all warr.mties, express or implied. with ~I to any ~uch Submittal dc:velopcd, reviewed or approved by Gr:mtor as a condition of this Agreement. I• :;i I J _ Successors and Assiens. The righlS and obl:gations of the parties shall inure to "l"'"i the benefit of and be binding: upon their respective .successor.,; and 3.5sjgns. C N ~>l 12. Termination· Relocation. r- 0 ~ l 2.1 Grantor may require Grasitee to ~loca~ the eascmenl granted hereby at en any Lime and from lime to lime to aIJothcr area of the Gran1or'i; property, provided that any such ,elocation shall be at Grantor's expense. i'Jld provided. that any area to which the: easement is relocated shall be deemed lhe "Easement Area" for all purposes of this instrument from the date of such re!ocation. } 2.2 In the event Grantee breaches or fail~ lo perform or observe any of the tellmi and conditions herein, and fails 10 cure such breach or defauh within ninety (90) days of Grantor's giving Grantee written notice thereof, or. if not reasonably capable of being cured wilhin such ninety (90) days, withhl such other period of time as may be reasonable in the circumstanc.es, Grantor may t.ennin.ttc: Grantee's rights under this Agreement in addition to and not in limitation of any other remedy of Granto, al law or in equity, and the failure of Grantor to exercise such righ1 at any time shall not waive Grar.1or's right lo terminate for any future breach or default. 12.3 Upon termination of tliis Agiwnent and if ttqueSlcd by Granter, Gran..,, at it, sole cost and e.<pense, shall I<mOve from the Easement Area any and all improvcmenis thel<on and tcSIOle tile Easement Atta to a condition as good or better than ii w~ prior to construction of said improvemems. . · .... .-,. , .. i --· - I . • ... _--,~ . -·· ---~ • 1- - I -~ -. -----·· --· _._ •. _. __ --------· "+ -• ~ . --···--·-_, • ---------=-··· • • • 12.4 No termination of this Agreement shall release Grantee from any liability or obligation with rf:Spect to any matter occuning pior to such termination. DA TED r;}J,f liJ' The City of Renton, Washington By: 2~-:Z-"'~"'--- lls: M.a.vor .1996. GRANJ'OR: The Boeing Company. by and through its division. Boeing Comme,cial Ai,plane Group By: -~-,--cf~--b'--- lts: li:,~sl ness Resources - • I . . f - - ------------------- • • • STATE OF WASHINGTON) ) ss. COUNTY OF KING ) On thi~ay of p «• e, , 1996, bcfrue me the undersigned peoonally appt•ared _ Jack l. Yager to me known to be the person who signed as.lJ"ioe-Di rector ..Pl'e!lltlettt·-factlities AsscL Mt!il'-'gement Organization of Boeing Commercial Airplane Group, a division of THE BOEING COMPANY, the corporation that executed the foregoing instrument. and acknowledged lhe said instrument to be the free and voJuntaJ')' act and deed of said co,poration, for the uses and pwposes therein mentioned. and on oath stated that he was duly authoriu:d to cxecutc the said insttnment WITNESS my band and official seal hereto affixed L'ic day and year finot above wrincn. -1~~ c, ~ NotMfi@t;itc in and for the .,. Statc of Washington residing 0 al~ . ~ My commission expires tdJ./97 r-r 0 ~ STATE OF WASHINGTON) COUNTY OF KING ) ss. ) On this_ day of , 1996, befrue me the undersigned peoonally appeared to me known to be the of THE CITY OF RENTON, the municipal corporation thal executed the foregoing inswmen~ and acknowledged the said instrument to be thc me and voluntary act and deed of said municipal corporation, for~ uses and J>UIPOSCS lherein meotiooed, and on oath slalcd that he. or she was duly authoriu:d to execute the said insllUmcnl WITNESS my hand and official seal bmto aft'"txod the day aad year first above written. Notary Public in and for the State of Washington n:siding .. ________ . My commission expires_. ,. . .,, l ,.,·;{ arrtn. katht u~,-··re£ ' ~ . I. • -------· -. . ~ ~ ..... ---~-··· . --~ "'--' ----'·-~-----·--·-· ----.:-.. , ___ _ • • • EXHIBIT A TI-IE BOEING COMPANY SUBJECT PARCEL LEGAL DESCRIPTION: 1nosc portions or Government Lats I, 2 and 3 and the Southeast qUMtt:r of the Northwest ,parter of Section 8, Township 23 North, Range S East, W.M., in the Cify of Renton, King County, Washington described as follows: Beginning at the intersection of lhe soulh line of said Govemmt:fil Lot 3 wiUI the easti::rly margin of Park Avenue N. {also known as s«o.ndaty State Highway No. 2-A and Lake Washing.Ion B1.1ulc.van:I N.); Thence North OW 56' 41" East along said c:asterly marg.in, a distana: or 1284.()J foet, to an intersttt.ion with the$OUtherly right-of-way line of Primary Sl41e Highway No. 1 (SR 405) North Renton lnicn::hange as cruidemncd in King County Superior Court Cause Number 656127; Thence Soulh 19° 03' 19" E.ast along said southerly right-of~way line, a distance of 15.00 feel, to the beginning of a curve to the right from whence the center bears Soiah f.9'1' 03' 19" East. a distance of 527.62 (~; Thetioe nooheasierl;· along said curve, a disance ofl94.57 feet, to the point of tangency, Thcnoc North 43• 47' 34" Ea.."t, a distance of 121.67 feel; "fbeflce North 82° 04' 59" East. a distaPce of 41.41 feet; Thence Socth 46° 12· 26" East. a distaact of 42.2S feet, to the weSl'.erly margin of Garden Street North in the City of Rmton; Thence leaving lhe $0Uthcrly right-of-way line of said Primary State Higbway No. l, South 18° 00' 38" East aloog: the ~ly rna,iin of Garden Strm North. a disfancc of 1249.19 feet, ID the beginning ofa cwvcto the right with a ndius of850.00fcct: Thcnc:c soulhcrly !!long said ,;urve and said westerly margin. a distance of 275.03 feel, to a poins of w,goncy; Thence South oo• 31' 42" West along said westerly margin, 1 distance of2SJ22 feet, to the south line of lhc Southeast quuter of the Northwest quarter of said S:Qioo I; Tbeocc: North S9" 23' I&" West aJoog sakl '°'1tll line aod alotig the south line of said Govcmmcnl Lot 3 in said Section 8, a dislancc of 771.25 fed, tn the point ofbcginnini; LESS lhat portioo thereof dcsmbed .s follows: Beginning at a p(lint on the castcdy margin of said Rmtoa North lntcrchaagc of SR..40S opposite centerline 5Ution o+95 of A-line, as shown on sbcct 2 of S of plans lhcreof as appnwccl April 27, !965, said po.int being on a 527.96 foot radillS c;wve, 1hc centcr of wlu<h hem South 79' 32' 24" Fat; Thence nortbea:stcrly aJoog Rief eastJ:rly ~ and said wn,c, a distmcc of307.J 5 feet; Thence North4J• 4?' J4"East aJongsaid eas1cdy margm. • disaacc of 121,, f=t. tomi angle polflt in said margin; Tbt:rx:e Nonb 82° 04' S!I .. Ea$! along $Sid eastai)' margin. a diffancc: of 19.34 feet, to • line parallel with and S7.00 feet distant from, a mcaSURld 11 ,ight ~ saicl cenl.CdRlt! of A-line; Tbcncc SoutJ. ,3• 47' lol" Well dong aid panllcl lioc, a dimncc ef 136.17 feet, 10 dlC bcginlungofa Qln'I! to the left wi:di. arada&igf 51S.9'fect; __...,,,._ , -~+.··-., ---... -'~ ·-·,~··--' ,--~-----------·· • ~ j t i j I l • • t - l I ~ ·1 I . ----··-----------~ ---;c--;;;;:;:c;·-;;::::r'c.·-_-;;:-;;:==---------·---------- • • • • Thence :wuthweslerl.y along aid curn., a dislanee of 300.11 feet, to I point which bws South 79" 32' 24"' East from tM point of beginning; Theocec North 79" 32' 24 .. West. a distance of 12.00 feet, IO the point of beginning; .and LESS tllll portion thereof described as follows: Commcncing .,_ the in~ of lhc. ~IJ11, line af s.ai<i Ga\'cmmeot Lot 3 with the culcfly margin cf ParkAvtnuc North; Tbcm;c South b'9" 28' I II" East. along said .south line of Government lo! 3, ll distAncc of 25.00 feet IO the point of beginning; Thcacc NOftb 00-S6' 41 .. East. a distance of 3.63 feet; Thcoce Sotib 4,. 41' 53" F.ast,. a diSllllce of5.46 feet,. to an irrtcrscctio11 withs.aid south line or said Go\lClDDlmt Lot 3; TbCSlCC Nri W ~· 18" West, along said south line, a distanc:.c of 4.11 feet, 10 the poi111 ofbogmmog aod LESS llut portioa 1bcm,f dcscribe:d ss follows: Comme:tteiag • d'.c inte:neetion of the south line of said Government Lot l with the cuccrly mqin of Paik A vcmie North; Theocc: North 00-S6' 41" East along:u.id easterly n.ugin. a distaneeof497.03 fl!!l!:t; Tbcncc Soalb.19" 03' 24" East, a clli1mce of 10.00 feet, to lhe point of beginning~ Tbcnoe Neri, 00"56'41" Ea,t, •d;,,.,,,. af66.49 foct; Tbmcc Sou1b 03° 46' 41'" East. a distance of24.28 feet; Tbcnoe Sood> 00" 56' 41" West, a di'11nceof2'.00 foct; TheDo:: SouUr, 08° S4' S2" West, adiswlce of 14.43 feet. toth= p,illtofbcginning. • I . . ' .,..,,.,.,,. _____ .,__:_,_,·,-~· • • • EXHIBIT B Permnnmt anitary sew;c rasemcmt neCPSs 6oeinr prgpgtv CdcxribrA in Exhibir A)· Commencing at the iMerscdion of the south line of Govcnuneot Lot 3 of Sectioo I, Township 23 North, Range S &st,. W.M-, King County. WashinglOII, with the Ctitcrly margin of Park Avenue North (also known as Secondary State Highway No. 2-A and Lake Washington Boulevard N.) The-nee Soulh 89g 21' l 8" East. aloo,B said south Jim of Govcmmcnl Lot J, a d~ of 2S.DO feet, 10 the point of beg.inning; · Thcm:c North 000 56' 41 .. East. a distance ofl.00 feet; Thcnu South 89° ZS' 18 .. East.a distance of27.00 feet; Thence South W S6' 41" We-st,. a distance of2.00 feet, lo lltl in~ion wi1h the ~uth line or said Govcmme:n1 Loi 3; Thence North 89" 28' 18" Wes1 along said south line, adiNncc of27.00 feet, to the paint ofbeginning; LESS lhat portion lying within lhc foliowUlg described parcel i.n Ww:nun.cnl Lot 3 o( Secrioo 8, To\NnSl!ip 23 North,. Range S East, W .M .. King County, Washington; Co:orncncJng at the in1crsectioa of the soutb line of said Govcmment Loi 3 with the easterly margin of Park Avcoue North; Thence South gga 28' JI" East. along said soU1h liot of Oovcmmcnt Loi 3, a distance of 25.00 feet, to the point ofbeginn.ins; Tht;11.e Ninth 00° S6' 41" East, adisianceof3.63 feet; Thence South 47" 41' 52" Ea.st, a diswlcc of S.46 (Cd,. to an inlcrscctian with !-&id south line of said Govc:rn."Jlcot Lot 3; Tbmcc North 89" 28' HI" West, along said south. line, a distanc.c of 4.11 fed. tc the poml ofbcginniag. CoOllilC:m:inl a1 the iota-section of the south line of Gov«mnml Lot J of Sedioo I, Towmhip 23 North. Ramgc S East, W.M .. King County, Wasb.in.gl.on, with the easterly margiD of P.aii: Avaiuc North; Thence South 19" 21' 18" East, aloogsud ,oulhlincofGo-Lot 3, adisluce of25.00 f«t; Thence North 00" S6' 41" East, a distance of I 02.00 fce.t. to tx poilt of beginning; Thence Cffltinuing~ 00" 56' 41"F.ast,adimttceof28.00 fod; Theoc:e Soltlh 694' 03' 19• Eat. along,. JUie at rigid. l8glcs to 1M previous given bearing. a distance of 33.00 fee<; Tbcncc South 00" 56' 41" West. a distucc of 46.00 feet; Thence NMb W Dl' 19" West, a distaao:: of2'.00 foct,; Thence North.00° S6' 41" East,a dimnccofll.00 feet; Thence Nllftbl9"0J' 19" Wcs,.a dista:Qc.e ofS.OOfeet, IOtbc point ofbc:giMing. Tempon,y ingms/ ............... ahall ..,,..lul1JI, 1997. 'ht#"% ·-··' -a; ·t ~ . . . ·-. ·-· . ·-~. -~·--=~ ---.. -~-----·· .~.~,-~ . • I \ \ j cl l ·': J ¢/ ~;t;· I . • ------ . -----·-· --~~-'----------.. ~ • • • • . ..... z H 6th St. llliQst 1111[] ® SANTAIY SfWliS 0.0.-1.-.0.-..... - N 1th 51. .o 800 1600 1:9600 -' . -· ... --.... - • I . • !~·- • • • • SANITARY SEWER EASEMENTS r--------~cc-r~EX=Hlall C_J.Sheet 2 of 2) I ,. l [" ~I o, ~I r, 0 (.0 ~ • z • ~ > <r: ~ ~ ~ 26' "' "' 0 0 z "' 0 .;. ., N ~ _L I .: I 5' ~102' [3.63' 4.11' 33·-1 0 25 50 I 1:300 46' I I 28'_J 771.25' N89"26'1B"W L N. 8th St. bS\S\S'l Temporary ln.gress/Ecreas Easemenl f2V2a Permanent Saniluy Sewer E,.,nment e SANTAaY SEWERS o.a.-L-D.-,, __ i I \ l I . • . _,;:,.: .... = = ,..., IV! 111,1111 CITY OF RENTON EAS 22 00 PAGE 881 OF 815 12/85/2881 15 29 KING COUNTY, ~A RefrJfTJ Adi:Yess. C,ly Ocrk's Office City of Renton 1055 Sooth Crody Woy Renie,,, WA 98055 Document Ti11c(s) (or transactions contained therein) ,_JP-' I Sarutary Sewer Easement -Parcel 3B-3 2 3 Rcrcrencc Number(s) of Documents assigned or released: (on page_ of documents(s)) Grantor(s) (Last name firs!, then first name and m111als) l The Boemg Company 2 3 4 0 Add1t1onal names on page _ of document Grantee(s) (Last name first, then first name and m111als) I City of Renton 2 3 4 0 Addlllonal names on page_ of document Legal descnp110n (abbreviated 1 e lot, block, plat or secuon, townslup, range) That Portion of the Southeast Quarter of the Northwest Quarter of Secuon 8, Township 23 North, Range 5 East, W M 00 Full legal 1s on page 8of document Assessor's Property Tax Pan:el/Account Number Portion of #082305901108 [OJOOJ-0160/SAO 11570 069] 6/14/0 I SANITARY SEWER EASEMENT Parcel 3B-3 For and tn cons1derat1on of Ten Dollars ($10 00) and other valuable cons1derauon the receipt of which 1s hereby acknowledged, THE BOEING COMPANY, a Delaware corporation, ("Grantor" herem), hereby grants and conveys to the CITY OF RENTON, a mumc1pahty ("the City" herein), for the purposes heremafter set forth, a nonexclusive perpetual easement, over, across and under the real property as depicted m Exh1b1t A hereto (the "Property"), 111 Kmg County, Washington Except as may be otherwise set fo11h herein the City's nghts shall be exe1c1sed upon that portion of the Property depicted on Exh1b1t A and more particularly descnbed m Exh1b1t B (the "Easement Area") This easement rs granted subject to and conditioned upon the followmg tenns, cond1t10ns and covenants which the City hereby promises to faithfully and fully observe and perform Purpose The City shall have the nght to construct, operate, mamtam, repair, replace and enlarge the sewer p1pelme together with all necessary or convement appurtenances therefor 2 Comphance with Laws and Rules The City shall at all limes exercise its nghts herem m accordance with the requirements (as from lime to time amended) and all applicable statutes, orders, rules and regulations of any pub he authonty having JUnsd1ct10n 3 Removal of Fill Matenal In the event that the C,ty encounters, or suspects that rt has encountered any hazardous substances m the Easement Area m 'furtherance of its nghts set forth m paragraph I, the City shall cease all operations and 100000 00()() \IIOOl715 S44I -f-IO 2 ~ 0() CT') "'' c:, LO = = ,:--, notify Gran tor If the encountered or suspected hazardous substances are not the result of the acts or omissions of the City, Grantor shall, at its own expense, detennme if the material 1s hazardous, as detennmed by applicable law If the material should prove to be hazardous, then the Gran tor shall, at Its own expense, remove, dispose, •01 otherwise handle such hazardous substances, as necessary, 111 accordance with applicable law, or reroute the Easement Area, 1fposs1ble If hazardous substances arc removed, Granter also shall provide substitute nonhazardous material to replace the removed material for the City to use m 11s operal!on, 1f necessary Should the encountered or suspected material prove not to be hazardous, the City shall proceed with the operations af l!S own cost, with no recourse agamst the Gran tor for the cost of schedule delays mcurred due to the delay m operation If the encountered or suspected hazardous substances are the result of the acts or om1ss10ns of the Cay, Grantor's charactenzatton of the substances mvolved and any removal, disposal or other handling costs 111curred 111 connection with the removal, disposal or handling of the hazardous substances will be at the City's expense, and the City shall have no recourse agamst Grantor for the cost of scheduled delays 111curred due to the delay 111 operat10n 4 The City's Use and Acttv1ttes The City shall exercise its rights under this Agreement so as to m1111m1ze, and avoid if reasonably possible, interference with Grantor's use of the Property as set forth III Paragraph 5 here111 5 Grantor's Use of the Easement Area and Access by Grant or During Construct10n Grantor reserves the nght to use the Easement Area for any purpose not mcons1stent with the rights herem granted, provided, that Grantor shall not construct or mamtam any bu1ld111g or other structure on the Easement Area which would interfere with the exercise of the nghts here111 granted The City shall make prov1s1ons satisfactory to Granter for continued access by Grantor along, over and across the Easement Area dunng penods 111 which the City ,s conductmg const1 uctton or other act1vtt1es In the event of an emergency requmng 1mmed1ate acllon by either party for the protection of its fac1h11es or other persons or property, such party may take such action upon such nollce to the other party as 1s reasonable under the circumstances 6 lndemmty The City agrees to 111demmfy and hold harmless Grantor, Grantor's directors, officers, employees, agents, servants and representallves from any and all acttons, ltab1lt1Ies, demands, claims, suits, Judgments, hens, awards, and damages of any kmd or character whatsoever (here111after referred to as "Clanns"), , mcludmg claims for death or mJury to employees of the City, costs, expenses and reasonable attorneys' fees incurred by Grantor 111 defense thereof, asserted or arising 100000 0000/\(100'7)5 $44, -2-l(J 25 00 , <.n "" <'"> ~> C. .,.., = ""' = = ..... directly or md1rectly from, on account of, or m connection with the City's operation, maintenance and control of the Easement Area (and improvements thereon) W1th respect to all or any portion of the foregoing obligauon which may be held to be w1thm the purview of RCW 4 24 115, such obltgatton shall apply only to the maximum extent penmtted by RCW 4 24 115 7 Nonces Nollces reqmred to be m wnttng under tlus Agreement shall be personally served or sent by U S mail Any notice given by mat! shall be deemed to have been received when three days have elapsed from the time such notice was deposited m the U S mat! addressed as follows To Grantor W1th a copy to And to To the City The Boemg Company c/o Boeing Commercial Airplane Group PO Box 3707 -MIS 2R-71 Seattle, WA 98124-2207 Attn Mr Rick Ford Phone ( 425) 237-2336 Boeing Realty Corporation PO Box 3707-M/S 2R-79 Seattle, WA 98124-2207 Attn Mr Jeff Adelson Phone (206) 544-5918 Office of the General Counsel The Boeing Company PO Box 3707 -MIS 13-08 Seattle, WA 98124-2207 Phone (206) 655-2405 City of Renton Department of Development Services 1055 S Grady Way Renton, WA 98055 Attn Property Services D1v1s1on Phone ( 425) 430-7200 Either party may change the address to which notices may be given by g1vmg notice as above provided 8 Access The City shall have the nght of reasonable access to the Property over and across adjacent lands owned by Grantor to enable the City to 100000 0000t\ll00l71S S441 -J-10 2j uc1 - = °" = = c--, exercise its rights hereunder, provided that the City shall compensate Giantor for any damage to the Property caused by the exercise of said nght of access 9 Tttle The rights granted herem are subJect to permits, leases, licenses, and easements, if any, heretofore granted by Grantor affecting the Property Grantor does not warrant title to its property and shall not be liable for defects thereto or failure thereof IO Successors and Assigns The rights and obhgatlons of the parties shall mure to the benefit of. and be bmdmg upon thetr respective successors and assigns I I Terrnmatwn 11 I Termmauon for Breach In the event the City breaches or fails to perform or observe any of the terms and cond1t1ons herem, and fails to cure such breach or default w1thm ninety (90) days of Grantor's g1vmg the City written notice thereof, or, 1f not reasonably capable of bemg cured w1thm such mnety (90) days, w1thm such other period of time as may be reasonable m the circumstances, Gran tor may terminate the City's nghts under this Agreement m addition to and nor 111 llm1tat1on of any other remedy of Grantor at law or m equity, and the failure of Grantor to exercise such right at any time shall not waive Grantor's 11ght to te1m111ate for any future breach or default 11 2 Termmat1on for Abandonment or Lack of Necessity In the event that the property designated with hatch marks on Exh1b1t A ("Benefited Property") 1s developed wtth at least one bmldmg with a finished floor height of sufficient elevat10n for a side sewer connection as identified m Exhibit C (Samtary Sewer Ava1lab1hty Report), the City ceases to use said Easement Area for a period of five (5) successive years, or 1f for any other reason the Easement 1s not necessary to suppo11 development of the Benefited Property, then Grantor may terrmnate the City's nghts under this Agreement \' DATED this ---'"'---day of THE CITY: City of Renton By £~::.e?,._,,._/ Its Mayor 100000 0000 ,uoon1~ 5441 \ \"', >I '" C ' ',, >--:'.":::'.' , 2 0 0 0 GRANTOR: oemg Company, a Delaware -4-IO 25 00 • cry = c:, ..r, = = _...., CALIFORNIA ALL-PURPOSE ACl(NOWLEDGMENT ~«««qqqq¢¢~¢««~~~~~¢q~~¢¢««««¢««~v«~q~«¢~««~~~~ e:1 L:. ~ Stale of Cal,forn,a } ~ S County of Lor, /),1,Jdps ss ~ ~ ~ t• ~ ~ onA/Dv,:_,nlJc,' t, )C;lv, before me, / 11..,)1 E.Shavt,' R.1 h/,c J l personany ap::re~ Ph1/,p Lu. r!1thu7-t"'"'' .. ·""'~"'' a ' J Name(!.} of S,gne,(!.J q g personally known to me ~ D proved to me on the basis of sa!1sfactory ~ ~ evidence ~ ~ to be the person(.} whose name{~ ,sia<e % c subscribed to the w1lh1n instrument and -, ~ acknowledged to me that he/,l>e1tl>ey executed ~ g !he same m h1s/l>e,lthetr authorized ~ ., l fl DAWNE SHAVER ~ capac,tyf!e,3-), and lhal by h1s/he#!he,r /, ~ ..... • en ;-, c· f/J co,.... • '1sa12s signature(~ on the instrument the person\s), or 1 ~ CC -• Notary Public Calitorn1a :JJ ,"< \ f/J ORANGE COUNTY C!; the enh!y upon behalf of which the person(ej 0 ~ f My Comm f.ic:p1resOc1 14 2001 l acted, executed the instrument ( r, ). " WITNESS my hand and ofllc1al seal , .~ 1-~(_<;__L?--_ z-___ &Aa L '--{ \_ ;' '( P1a,ee Nola,ry ~al Ablivl!I' S19,.,a1vrl!' a! Notary Put;,le(: '( ; ~ R OPTIONAL t; ~ \ ;,,.· Tnough the information below ,s not required by law ,t may prove valuable to persons relymg on the document t~ r\ and could prevent fraudulent removal and reat/achment of this form ro ~mother documenl t x < c '< p Descr1pt1on of Attached Document \ p Title or Type of Documenl _ __ _ '( f ' * Occumcnl Date Number of Pages --·---_ _ i I s,gner(s) Other Than Named Above a ~ Capac1ty(1es) Claimed by Signer ~ <;J Signer s Name ~ la ~-J lnd1v1dual rop l'.)l ll'lumb hete ~ I Ill) Corporate Officer -T1lle(s) _ __ _____ ~g~ Partner -0 L1m1ted D General r, f J Attorney 1n Fac;t r I Trustee t ~ Guardian or Conservator $ Olher __ _ ____ _ ~ ~ Signer Is Represenhng _ __ ____ _ ~ t ~ <..-<".A...<'~ .. /'.,,,:<J,,-C(J'C<,<'-<.,D.,·,:,, .. :<:.<.,"<'4.r,.,-0.,, 'C",<,'C,r •• ;<'J . .,;<'..<.,6..,~<',..J-r:<,6.,:(',,1, r,,:<" .,__..r,,_,'(',t,;<'c ,~ (", ,r, (", < <,:('-<-, <'~-<:,,,;<:.,..,~<'J . .,;<'.,(,.,'<'.A,-<'<.:<'~<',t.,~ .._ ,ti ,997 Nar,on~NOl""f ,'1.ss«~,on 9JSO 0~ Soro Ave PO 8a( ,'<102 Crr~i:WQl!h CA ~1 )! J 2•02 -5-µ~ NO \901 ~"'Hd~ C,111 To11 Fre<t I 800 816 66ll c:, = = "'" STATE OF WASHINGTON ) ) ss COUNTY OF KING ) S+,•- On this JJ) day of tko.1:rd.'r:c .. 200'. before me the undersigned personally appeared Jesse Tanner to me known to be the Mayor of THE CITY OF RENTON, the mumc1paltty that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said mumc1pahty, for the uses and purposes therein menlloned, and on oath stated that he was authorized to execute the said instrument WITNESS my hand and official seal hereto affixed the day and year above wntten l<HJOOO 0000 \BOOl715 54.fj (Pnnt or stamp name of Notary) NOTARY PUBLIC ,n and for the State of Washington, residing at 5:e,, -t/-( e..., My Appointment Expires •( /9/ • .-t r -6-10 2~ ()fJ en ..... cry = cc, o.r, = ""' = = "" PROPOSED PARCB.. JB-2 PARK/NG LOT 38 PARCEL 3 OF LOT 38, EXHEIT TO ACCCIIPAN'f EATJEHT Fat PlB..IC SANT ARY SEWER SYS I EM SE1/4, tfll1/4, SEC. 8, T23N, R!E. WM. PROPOSED PARCEL 38-2 PROPOSED PARCEL JB-3 N18'00'30"W 19 06' S71 '59' JO"W-____. 15.00' s • ~ S18'00'30"£ --~ 14 oo· s11·59•3o•w 3000' STREET MONUWENT IN CASE SS MINHOI.£ --PROPERTY LINE fASEMENT ND!T29'31"E, 42734' N. 8TH ST PREPARED BY. DUANE HARlMAN & ASSOOATES ~ @ !! !i !i SCA!.£ ~~ 1·:::100 :l 2 le \ 01/11/01 <.n EASEMENT PARCEL 38-3 LEGAL DESCRIPTION PUBLIC SANITARY SEWER SYSTEM BOEING PARKING LOT 3B RENTON, WA THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 8, TOWNSHIP 23 NORTH, RANGE 5 EAST WM , DESCRIBED AS FOLLOWS COMMENCING AT A CONCRETE MONUMENT IN CASE AT THE INTERSECTION OF NORTH 8TH STREET AND GARDEN AVENUE NORTH, THENCE NORTH 00° 29' 31" ""' EAST ALONG THE CENTERLINE AND TANGENT OF SAID GARDEN AVENUE ;;:; NORTH, 427 34 FEET TO A CONCRETE MONUMENT IN CASE AT THE RIGHT-OF- '_::: WAY CENTERLINE POINT OF INTERSECTION, THENCE NORTH 18° 00' 30" WEST = ALONG THE TANGENT AND CENTERLINE THEREOF, 378 29 FEET, THENCE AT A :;_; RIGHT ANGLE TO SAID CENTERLINE SOUTH 71° 59' 30" WEST, 30 00 FEET TO --THE WESTERLY MARGIN OF GARDEN AVENUE NORTH AND THE TRUE POINT OF --BEGINNING, THENCE SOUTH 18° 00' 30" EAST ALONG SAID WESTERLY MARGIN -"' :=:: OF GARDEN AVENUE NORTH, 31 79 FEET, THENCE SOUTH 71° 59' 30" WEST, 15 00 FEET, THENCE NORTH 18° 00' 30" WEST, 26 68 FEET, THENCE SOUTH 89° 10' 26" EAST 15 85 FEET TO THE TRUE POINT OF BEGINNING CONTAINING 438 SQUARE FEET, MORE OR LESS Prepared By Duane Hartman & Associates, Inc Job No 00-146 June 27, 2001 = = ,--.., !OJOOJ-0160/SAOI mo O<i91 EXHIBIT C [Sanitary Sewer Availability Report) =9- ' 6n/OI = "' = = "" REPORT NO. 00-10754/001 SHORT SUDDIYISION PARKJNG LOTS JD AND 6 SANITARY SEWER AVAILABILITY STUDY PROJECT NO 00-10754 BOEING REALITY CORPORATION SEA TILE. WASHINGTON SANITARY SEWER AVAILABILITY SUMMARY DATE: JULY 26, 2000 REVlSfON !• AUGUSJ 18, 2000 REVISION 2, MAY 7, 2001 Boetng Realty Corp ,s cons1denng subd1v1d1ng Parking Lois 38 and 6 These are the rwo blocks bordenng Garden Avenue on the west and east s,des, respecllvely between N Park and N E1gh1h Street Lot 6, to the east of Gard~n c~tends cast to the rail tracks 11us sewer ava1lab1hty srudy was performed by the Hams Group Inc to delennmc tht area of each new short subd1V1s1on lot that can be served by grav,ry sanitary sewer Each lot must be served by the ex,stmg C,ry of Renton sanitary sewer mam systems on N Eighth Street and Garden Avenue North The design cntena used to dctcnmnc ,f gravity sanitary sewer was ava1Iabk to each new lot was as follows • Any pnvate mam or side sewer outside of the possible bu1ldmg envelope was sloped at O 5% Mam!ammg this slope requires that those 1mcs be a m11"llmum of eight me hes m d1amcler • Sanitary sewer under the building footpnnt were sloped al \ 0% per the Umform Plumbmg Code Sec<Jon 708 0 Grade of Honzonlal Drainage P1p,ng Section 708 0 allows a I% slope when approved by the Administrative Authonry For purposes of this study, the possible building footpnnt area served by the sewer was conservatwcly calculated by assurrung the trannuon from O So/o slope to f 0% occurs at 1he selback hne In rcal,ty, the acruaJ bwJdmg footpnnl will probably be funher back than the setback hne because of park.mg requirements and storm water management 1ssuc:s. • Fm1sh floor (FF) elevat1on was dcterrmned for each 101 based on s,le grades or as required to proVJde under bu1ldmg samtary sewer coverage • The highest allowable under bu,ldmg footpnnt sanitary sewer grade elcva11on was set at 1'-6" (,nvert 10 top of f,ntshed floor) below the detem11ned Jin,sh floor elevation to allow for finished plumbing turndowns and bends Based on the design cntena above e=i.ch new short subd1v1s1on lot has over 90 percent of its allow.:ible buildmg footpnnt .i.rea av:ulablc to gravity sewer scrv,ce to a portion of the existing City of Rrnlon sanitary sewer system -tci- ~-= c_-, "' l DESCRIPTION OF FACILITY The followmg toble provides a break down of the preliminary sewer deS1gn results for each new short subdw1slon lot For ca.ch lot \he dctermmcd bu11dmg f\msh floor elev:a.t1or-. ,s g,ve:o, lhc expected grade of the sanilary sewer system oul side of the avadablc lot bwld1ng footpnnt, the ,expected maximum lenglh of sewer hne under 1hc bu1?dmg foot prm1, the City of Renton sam1ary sewer system manhole m which the lot will connect to, and a descnpllon of how the lot will connect tp the City sewer system SHORT LOT BUILDING SANITARY MAXIMUM CITY SA.o....ilT.-,.RY HOW CS CONNECTION SUBDIVISION NO FINl6H CR.ADE AT LENGTH OF MANHOL.E MADE FLOOR SETBACK SAN PIPE WIUCH TH£ LOT ELEVATION (FEET) UNDER BLOG CONNECTS TO (FEET) ATIO~~OPE •re lOTfl. I ,. lO )S .,, II) PUBUC SEWER MA.lN LOT6 l JO 22 J~ 61l IS) PUBLIC SEWER MArN LOT6 J Jl ,, 9 160 LSJ PUBLIC SEWER MAfN LOT6 4 )2 '" l80 NEW MH E OF 61 SIDE SEWER LOT)B I 21 " 6 790 Ill PUBUC SEW.R J,WN LOTJ8 2 275 20 8 S10 ,s, PUBLIC SEWER MAIN LOTJB J )02 22' 68 600 Ill PUBLlC SEWER MArN LOTJB ),U, 29 5 ll l 480 168 SIDE SEWER Lor JB ' 11 17 85 ]60 1H PUBLJC SEWER MAIN The following ,s a short descnpllon of how each lot or a group of lots w,11 be gravity dramed to the e1.1stmg Ctty of Renton samtary sewer system • SHORT SUBDIVISION PARKING LOT 6 -LOTS I, 2 AND 3 Sanitary sewer service to these three lots LS comphcated by the large 48-inch and 72-mch stonn drain sewer mams that shu:ld access to the ex1stmg e1ghHnch sanitary sewer main on Garden Ave N Based on conversat10ns with both Dave Chnstenson and Ronald Straka with the City of Renton 1t was detenmmed that ,t would be feasible to route the sanitary sewer for these lots through both the 48-mch and 72-Lnch stonn sewer systems In each case a new manhole will need to be placed at each crossing, and the sanitary pipe w1[1 need to be sleeved tn ductile iron pipe The other cnlena m1t1al1y set 1s that 1hc sam!ary mam needs to be above the 70 percent flow capacity hm: of each pipe Based on this cntcna the new lol pubhc sanitary sewer main will be crosS1ng through the 72-mch stonn sewer pipe at an elevation of, approximately 20 4 feet m elevallon or 3 8 feet above the mvert of the 72-mch pipe The anached drawing shows thts concept Once the pubhc sanitary sewer main 1s on the east side of the 72·mch storm sewer a manhole will be placed to serve Lot I and provide extcnsLOn of the pubhc sewer system to Lots 2 and ) at a slope of O 5% , SHORT SUBDIVJSCON PARKING LOT 6 -LOT 4• Sanitary sewer service to thLS lot w,11 require a manhole be installed on the extsllng 20" City of Renton sanitary sewer main on North 8th Street approximately 80 feet east of city Sanitary Manhole 61. • en "' ..., c:::, = LO = 3. "" .::, = '" • SHORT SUBDIVISION PARKING LOT JB -LOT I. 1lus lot will requ1re a public samtary sewer mam system exlendmg from the cx1stmg City of Rc::nton. San1tary Sewer Manhole 153 on Garden Ave N The extstmg 12·1nch City of Renton htgh·pr.ssure water mam may ncc:d to be routed under the new sewer 1f a conflict is encountered • SHORT SUBD[V!SION PARKING LOT 38 -LOTS 2 AND 3: These two lots will have a pubhc sanitary sewer main system that will coMccl lo the ex1sltng Ctty of Renron sanitary sewer manhole 15S on Garden Ave N Outside of the bu1ldmg footpnnts of these IWo lots a sanitary manhele will be prov,de to convey the flow Ii-om each respecllve lot .4n alternate or add1t1ona/ sanitary sewer service lo Lot 3 will require lhe ,r1.1ta/lat,on of a side sewer mro the exuttng Ct1y of Renton Sanitary Sewer Manhole /68 o,, N E1gh1h Street • SHORT SUBDMSION PARKING LOT 38 -LOT 4: This !or will require a publ,c sanitary sewer main utendmgfrom 1he existing City of Renton Sanitary Sewer Manhole JJJ on Garden Avenue No T1us pubhc sewer also serves Lot I ALTERNATE SEWER PLAN The following !able provides a bn,ak down of the alternate prehmmary sewer plan for each new shon subd1v1s,on lot that allows each lot to be provided sanitary sewer scMcc by a side sewer For each lot the determtncd bu1ldmg fimsh floor devahon is given, the expected grade of the samtary sewer system out side of the a,ai!able lot bu1ld1ng footpnnt, the expected maximum length of sewer llne under the buildmg foot pnnt, the City of Renton sanitary sewer system manhole m which the lot will connect to, and a descnpt1on of how the lot will connect to the City sewer system SHORY LOT BUILDING SANITARY MAXIMUM CITY SANITARY HOW J5 CONNECTION SU8D1VlSl0N NO FllilSH CJW>£AT LENGTH OF MANKOl.£ WHICH THE MADE FLOOR SETBACK SA.N PIFE LOT CONNECTS TO ELEVATION (Ft"') UNDER BLDG (Ftl:T) A.TI 09/, SLOP£, ,rr- LOf 6 I 28 21 Sl0 m SJOESEWER LOT6 l '" 24 61S PIPE SIDE SEWER LOTb J J2 2'9 S60 ,,. SIOESSWER LOT6 ' 12 247 l80 Ptl'E SIDE SEWER WTJ9 ' 27 '16 790 15] SIOESEWER LOTJB ' '" 20 I ,,. Ill SIDE SEWER LOT JB ' JO 75 ll 2S 600 Ptl'E SIDE SEWER. LOTJQ J Alt 29 l 2] l ,so 161 SIDE SEWERS LOT lO • 27 11 11 8)0 Ptl'E SIDE SEWER The following JS a short descnpllon of how each lot or a group of lots will be graVtty dramed 10 1he e,isting City of Renton sanitary sewer system • SHORT SUBD!V!S[ON PARKING l..OT 5 -LOT l: Sanitary sewer seMte to this lot ,s complicated by the large 48-inch and 72·m<h storm drain sewer m>tns that shield access to the existing 8-inc::h samt:iry sewer main on Garden Ave N Das(d on conversahon$ \I/1th both Dave Chnslcnson and Ronald Straka,; with the City of Renton, 1l \vas dctcmuncd thal ll would be fcaStble to route the saml:lry sewer for 1h,s lot through both 1hc 48-inch and 72-inch >1onn sewer systems In ,ach case :1. new manhole will need to be p):i;ccd ::it each crossing, and the -11.- ' ~-.. = = "" 4 sanitary pipe w11J need to be sleeved m duchlc iron pipe The other cntena m1hally set is that the sanitary mam needs to be above the 70 percent flow capacity lme of each pope Based on this cntena the new Jot public samtary sewer mam will be crossmg through the 72-,nch storm sewer pJpc at an elevation of approximately 20 8 feet m clcvatton or 4 2 feet-above the 1nver1 of the 72-mch pope The attached drawmg shows this concept • SHORT SUBDIVISION PARKING LOT 6 -LOTS 2 & 3· Lot 2 will r~quore the placement of side sewers over the top of the 72-mch and 48-,nch storm drain Imes The side sewer will drop into the existing e1ght-1nch City of Renton per the City of Renton typical detail stde sewer ryser det:ul Lot 3 side sewer will also go over the 72-mch and 48-mch storm dram Imes, and then will enter into the City Sanitary Manhole 158 • • • SHORT SUBDIVISION PARKING LOT 6 -LOT 4: Samtary sewer scmce to thlS lot will requ1re a side sewer coMCChon be installed on the ex1St1ng 20-mch City of Renton samtary sewer main on N Eighth Street approximately 80 feet cast of City Sanitary Manhole 61. SHORT SUBDIVISION PARKING LOT 38 -LOT I: llus lot will require the placement of a side sewer into existing City of Renton samtary sewer manhole lS3 on Garden Ave N The cx1shng 12-mch City of Renton high-pressure water mam may need to be routed under the new s1de sewer 1f a conflict ts encountered SHORT SUBDIVISION PARKING LOT 3B -LOTS 2 AND 3· Lot 2 will have a side sewer that will connect 10 the existing City of Renton Samtary Sewer Manhole ISS on Garden Avenue N Lot 3 will have a standard City of Renton Side sewer connecnon to the C,ty of Rc:nton's 8" sewer mam and Garden Avenue An alfernale or addwonal samlary sewer service to Loi J w,11 requ,re the 1nstallat,on of a side sewer into the e.ustrng City of Ren1on sanitary ,ewer manhole 168 on N 8th Street • SHORT SUBDIVISJON PARKING LOT 38 -LOT 4: Sanitary sewer service to this 101 w111 require a srde .Jewer connecllon into 1he e:u.tting Ctty of Renton samtary sewer approximately 70 feet north of Manhole 153 CONCLUSIONS GraVJty sanitary sewer service 1s available to each of the lots m the proposed Short Subd1V1s1ons Parlang lots 3B and 6 Bmldrng sewer service should be available m over 90% of the allow build mg footpnnt of each lot In our op1mon, the portions of the lot without coverage are not S1gyuficanc because • The areas not covered are small It IS hkely that any restrooms or other uses could be loca1e~ ma portion of the building chat has access • Parlong and stonn waler management issues W11l reduce the maximum size of the bu1h.hng from that calculated lo form the setback requirements alone Parlang and storm "21<-r stnlcturcs could be located 1n these: areas where the sewer docs not reach If you have :my question regarding melhodology. routmgs, or conclusion of this report please feel rr« to concoct Hams Group Inc ot (206) 494-9400 -1,- ~- 5. APPENDICES • Sate Plan (SK-Cl) Rev A • Alternate Sue Plan (SK-C2) Rev A RSM/meh 99-l014S\l014Sl'\lt00 l_Rl do< cc RSM, IT, RGY, File -14- Prepared by HA<=G~ cN,esh, PE Engmeenng Manager • 5. APPENDICES • S1lc Plan (SK-Cl) Rev A • Alternate Sue Plan (SK-C2) Ree A RSM/mch 1 -s ,,,., 't4fl~ ?9-l0l4S\\074l'l't00l _R1 do< '' RSM, IT, RGY, file ~- -14- Prepared by HARRIBG~ cN,esh, PE Engineenng Manager = = C'J RelU111 Add-'tss. Qty Oat's Ofr.ce Dly cl R-t=ntan 11,0011,11111 cnv OF RENTON EAS Z2 ee PAGE HI OF 018 IZl8D/Z8el 18 ze KlNG COUNTY, MA 1055 Soulh Grody Woy Rcnlon, WA 98055 Document Tillc{s) (or transactions conlamed 1hercm) ~ • I Sanitary Sewer Easemenl ;--Parcel 3B-2 2 J Rcrcrence Numb<,r(s) or Documents assigned or n:fea,;ed: (on page_ of documents(s)) Granlor(s) (Last name first, lhen first name and onmals) 1 The Boeing Company 2 3 4 0 Addlllonal names on page _ of document Granlee(s) (Last name firs(. then first name and 1muafs) 1 C1 ty or Renton 2 3 4 0 Add1t1onal names. on page_ of document Legal descnphon (abbreviated 1 e lot, block, plat or secllon, townslup, range) That Poruon of the Southe.ast Quarter of the Northwest Quarter of Secuon 8, T0',\,1lsh1p 23 North, Range 5 East, W M ll'il Full legal ,son page 8of document Assessor's Property Tax Pan::el/Account Numb~r Portion of #082}05901108 103003.0 l60/SAOl 1570 069J 6/14/01 CT> = = ._,.., = = ,...., SANITARY SEWER EASEMENT Parcel 3B-2 For and m consideration of Ten Dollars ($10 00) and other valuable cons1derat1on the receipt of which 1s hereby acknowledged, THE BOEING COMPANY, a Delaware corporation, ("Grantor" herein), hereby grants and conveys to the CITY OF RENTON, a mumc1pahty ("the City" herein), for the purposes here111after set forth, a nonexclusive perpetual easement, over, across and under the real property as depicted m Exhibit A hereto (the "Property"), m King County, Washington Except as may be otherwise set fonh herem the City's nghts shall be exercised upon that portion of the Property depicted on Exhibit A and more particularly descnbed in Exh1b1t B (the "Easement Area") This easement is granted subJect to and cond111oned upon the followmg terms, conditions and covenants which the City hereby promises to faithfully and fully observe and perform Pumose The City shall have the nght to construct, operate, maintain, repair, replace and enlarge the sewer pipehne together with all necessary or convenient appurtenances therefor 2 Compliance with Laws and Rules The City shall at all times exercise its ngbts berem in accordance with the requirements (as from time to time amended) and all applicable statutes, orders, rules and regulations of any public authonty haVJng Junsd1c1ton 3 Removal of Fill Material In the event that the City encounters, or suspects that 11 has encountered any hazardous substances m the Easement Area in 'furtherance of !Is nghts set forth m paragraph 1, the City shall cease all operauons and 100000 0000/SUOOJ>J; 54JI -1 · l 0•2.5,00 ' cY"> = = ..n no11fy Grantor. If the encountered or suspected hazardous substances are not the result of the acts or omiss10ns of the City, Grantor shall, at its own expense, determine 1f the matenal 1s hazardous, as detenmned by applicable law If the material should prove to be hazardous, then the Grantor shall, at Its own expense, remove, dispose,,or otherwise handle such hazardous substances, as necessaiy, m accordance wtth apphcable law, or reroute the Easement Area, if possible If hazardous substances are removed, Grantor also $hall proVIde substitute nonhazardous matenal to replace the removed rnatenal for the City to use m ns operation, 1f necessary Should the encountered or suspected matenal prove not to be hazardous, the City shall proceed with the operations ants own cost, with no recourse agamst the Grantor for the cost of schedule delays incurred due to the delay m operation If the encountered or suspected hazardous substances are the result of the acts or om1ss10ns of the City, Grantor's charactenzatton of the substances involved and any removal, disposal or other handling costs incurred m connectJon with the removal, disposal or handling of the hazardous substances will be at the City's expense, and the City shall have no recourse against Gran tor for the cost of scheduled delays mcurred due to the delay m = operallon = ""' 4 The City's Use and Act1v1t1es The City shall exercise its nghts under this Agreement so as to mm1mize, and av01d tf reasonably possible, interference wtth Grantor's use of the Property as set forth m Paragraph 5 herem 5 Grantor's Use of the Easement Area and Access by Grantor Duong Construction Grantor reserves the nght to use the Easement Area for any purpose not mconststent with the nghts herem granted, provided, that Grantor shall not construct or mamtam any building or other structure on the Easement Area which would mterfere with the exercise of the nghts herem granted The City shall make proV1s1ons sa11sfactory to Grantor for contmued access by Grantor along, over and across the Easement Area dunng periods m which the City 1s conducting construct10n or other act1V1!tes In the event of an emergency requmng immediate action by either party for the protection of its fac1hlles or other persons or property, such party may take such acuon upon such nollce to the other party as 1s reasonable under the circumstances 6 Indemmty The City agrees to mdemmfy and hold harmless Grantor, Grantor's directors, officers, employees, agents, servants and representatives from any and all actions, hab1ht1es, demands, claims, suits, Judgments, liens, awards, and damages of any kmd or character whatsoever (hereinafter referred to as "Claims"), mcludmg claims for death or mJuiy to employees of the City, costs, expenses and 'reasonable attorneys' fees mcurred by Grantor m defense thereof, asserted or ansmg (00000-0000ISB00)73l l431 -2-10125100 cry = C:> ..,--, = = = directly or indirectly from, on account of, or m connecl!on with the City's operatwn, maintenance and control of the Easement Area (and unprovements thereon) With respect to all or any portion of the foregoing obligation which may be held to be w1thm the pUfVlew ofRCW 4 24 115, such obligation shall apply only to the maximum extent permitted by RCW 4 24 l 15 7 Notices Notices reqmred to be m wntmg under this Agreement shall be personally served or sent by U S mail Any notice given by mail shall be deemed to have been received when three days have elapsed from the l!me such nol!ce was deposited m the US mail addressed as follows To Grantor Wnh a copy to And to To the City The Boemg Company c/o Boemg Commercial Airplane Group PO Box 3707-M/S 2R-7l Seattle, WA 98124-2207 Attn Mr Rick Ford Phone (425) 237-2336 Boemg Realty Corporation P O Box 3707-M/S 2R-79 Seattle, WA 98 l 24-2207 Attn Mr Jeff Adelson Phone (206) 544-59 l 8 Office of the General Counsel The Boeing Company PO Box 3707 -MIS 13-08 Seattle, WA 98124-2207 Phone (206) 655-2405 City of Renton Department of Development Services 1055 S Grady Way Renton, WA 98055 Attn Property Services D1v1s10n Phone ( 425) 430-7200 Either party may change the address to which nonces may be given by g1vmg nol!ce as above proVJded 8 Access The City shall have the nght of reasonable access to the Property over and across adJacent lands owned by Grantor to enable the City to 100000-00001\noo11n l43I ~J-10,2s,oo CT> = C:> o.n = = ""' exercise its nghts hereunder, proVIded that the City shall compensate Grantor for any damage to the Property caused by the exercise of said nght of access 9 Title The nghts granted herem are subject to perrmts, leases, hcerise,s, and easements, 1f any, heretofore granted by Gran tor affecting the Property Grantor does not warrant !Ille to its property and shall not be hable for defects thereto or failure thereof IO Successors and Assigns The nghts and obhgat10ns of the parties shall mure to the benefit of.and be binding upon their respective successors and assigns 11 Terrnmatton 11 I Tennmauon for Breach In the event the City breaches or fails to perform or observe any of the tenns and conditions herem, and fails to cure such breach or default w1thm nmety (90) days of Grantor's g1VIng the City wnnen notice thereof, or, 1f not reasonably capable of bemg cured w1thm such nmety (90) days, w1thm such other penod of time as may be reasonable m the c1rcumstances, Gran tor may terminate the City's nghts under this Agreement m addition to and not m hm1tat1on of any other remedy of Grantor at law or m eqmty, and the failure of Grantor to exercise such nght at any time shall not wmve Grantor's nght to terrnmate for any future breach or default 11 2 Tenmnauon for Abandonment or Lack of Necessity In the event that the property designated wllh hatch marks on Exh1btt A ("Benefited Property") 1s developed with at least one bu1!dmg with a finished floor height of sufficient elevation for a side sewer connection as identified m Exh1b1t C (Samtary Sewer Avat!ab1hty Report), the City ceases to use satd Easement Area for a penod of five (5} successive years, or if for any other reason the Easement 1s not necessary to support development of the Benefited Property, then Gran tor may terminate the City's nghts under this Agreement DATED this ( -¥-;,, * day of _'_,.\\,-'---4''D:,,,;,.,,~.,., .,.,,,~.,,"---' 2000 ' THE CITY: GRANTOR: City of Renton The Boeing Company, a Delaware By£::.~ [ts Mayor 100000 00Qo,',II0017Jl l4JI -4-JO•l51{)(/ • c.., "" CV, ,::, -=; J .,, = N ·-= = "' CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT f ,,;,:¢.<>:¢..a4'-c<'-<l<"«¢¢¢..¢<:<:-c~.:r«««""'..,...-<l<"<><:.««««<l<'«-<><:<><:.¢¢«"«<:¢<:<'«<><:.««.«<Ol'«<>~ ~ Stale of Cahfom1a } IP, ~ county of Los fi?Jl Ifs ss ~ ~ ~ ~ ~ ,i p p ~ c, ~ ~ p. {! ii ~ I ~ ~ OnNOVemht/ l,,:Jcw, before me, lll}l<.. E. ,S,hover -!Jo {It' f'ubf ,e °"' p1L 1/,p /,1. Cj-h 1,::-,""" ... "°"""'''' ,_,,,,.""' personally appeared __ ll-''--'--"~--W _ __,,~c+-~'-'-'-,;.-r_,~~~----------- Nsme<•J cf sv-(11) 1 ... OAWN E SHAVER 1 C/J COMM t i 156725 (J) a: No,ary Pubfte C1lrfom1a :n 0/IANQE COUNTY (/) r 4 Mj' ~omm ~ .. :IIH Oot 1: 2001 T g personally known to me D proved to me on the basis of satisfactory evidence to be the person!sj whose namefst 1sJar.e subscribed to the within instrument and acknowledged to me that heilolle4hey executed the same in h1s/tlerftl'lelf authonzed capac1ly(,esj, and that by h1s/~1/llie11 s,gnalure(et on the instrument the person(&). or the entity upon behalf of which !he person(-9} acted, executed the instrument WITNESS my hand and official seal 1Ga.ll x. z &a1'-{.!i.. ~~~~~~~~~~-oPnONAL~~~~~~~~~~- Though the mfomiallon bek>w is rtOl requ,red by taw 11 may prove valuable to persons relying on the document and could prevent f,a/Jd()lent removal and reattachment ol lh1s form to another document Description of Attached Document Tille or Type of Document -------------------·---------- Document Date --------------Number of Pages ------- S,gner(s) Other Than Named Above ----------------------- Capac1ty(1es) Claimed by Signer Signer's Name ------------------------- 0 lnd1v1dual D Corporate Officer -Ti!le(s) D Partner -D L1m1ted D General D Attorney 1n Fact 0 Trustee [J Guardian or Conservator [J Other RIGHT THU~lBPRltH OF SIGNER Signer Is Representing ~ ~««««««=«=«==«==~===«««=«=««444««=«=~«~«««~--,J 0 1997 NiO!oonal Nt>Yil)' A$$.CM;.a!IO'l 9]50 ~ $010 AVil PO 8o• 2402 Cti.,lswortl1 CA 91) ! l 2401-5' -Prod Na 5,907 Reo,de,' Call foll f 1~ 1 600 S16 6,621 = = '" STATE OF WASHINGTON ) ) ss COUNTY OF KING ) 'J J I "+•· On this 2=_ day of Qu,,,,J'C,..200/5. before me the undersigned personally appeared Jesse Tanner to me known to be the Mayor of THE CITY OF RENTON, the mumc1pahty that executed the foregoing mstrument, and acknowledged the said instrument to be the free and voluntary act and deed of said mumc1pahty, for the uses and purposes therein menlioned, and on oath stated that he was authonzed to execute the said instrument WITNESS my hand and official seal hereto affixed the day and year above wntten [00000 OOOO/~BOOJ7U S4JI (Prmt or stamp name of Notary) NOTARY PUBLIC m and foythe State of Washington, res1dmg at .::X-'7 My Appointment Expires </ /c, • .- / -6- ' = ...n S8910'26"E 15 85' PROPOSED PARCEL 38-2 PROPOSED PARCEL 3B-2 PROPOSED PARCEL 38-3 N8910'26"W S71 '59'30"W ......--r-30 oo· l.EClEN) POB & • STREET ~ONUMENT IN CASE SS MANHOLE ---PROPERTY LINE ~ £ASEMl:N1 PAFICB.. 2 OF LOT 3B. EXtEIT TO Acca.tlPAN'f EASBSIT FOR PUBI...JC SANTARY BEVJ8'1 Sr81EM BEl/4. NW1/4. SEC. 8, T23N. R5E, W.M. .. "11\G ~ i~ \)\)\CV' N00"29'J1"E, 427 34' N. 8TH ST. PREPARED BY DUANE HARlMIIN & ASSOCIATES \ 01/11/01 EASEMENT PARCEL 3B-2 LEGAL DESCRIPTION PUBLIC SANITARY SEWER SYSTEM BOEING PARKING LOT 38 RENTON, WA THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 8, TOWNSHIP 23 NORTH, RANGE 5 EAST WM , DESCRIBED AS FOLLOWS· COMMENCING AT A CONCRETE MONUMENT IN CASE AT THE INTERSECTION OF "-""' NORTH 8TH STREET AND GARDEN AVENUE NORTH, THENCE NORTH 00° 29' 31" "'' EAST ALONG THE CENTERLINE AND TANGENT OF SAID GARDEN AVENUE -NORTH, 427 34 FEET TO A CONCRETE MONUMENT IN CASE AT THE RIGHT-OF- ""' WAY CENTERLINE POINT OF INTERSECTION, THENCE NORTH 18° 00' 30" WEST "" ALONG THE TANGENT AND CENTERLINE THEREOF, 378.29 FEET, THENCE AT A "'' RIGHT ANGLE TO SAID CENTERLINE SOUTH 71° 59' 30" WEST, 30 00 FEET TO ,.. THE WESTERLY MARGIN OF GARDEN AVENUE NORTH AND THE TRUE POINT OF ~ BEGINNING, THENCE NORTH 89° 10' 26" WEST, 15.85 FEET, THENCE NORTH 18° -·~ 00' 30" WEST, 379 10 FEET, THENCE SOUTH 89° 10' 26" EAST 15 85 FEET, THENCE SOUTH 18° 00' 30" EAST ALONG SAID WESTERLY MARGIN OF GARDEN AVENUE NORTH, 379 10 FEET TO THE TRUE POINT OF BEGINNING CONTAINING 5,686 SQUARE FEET, MORE OR LESS Prepared By Duane Hartman & Associates, Inc Job No 00-146 November 27, 2000 Revised June 27, 2001 , , C.."> ,.., I /, "'"' ' .:=.. ""' .,., = "' ~- ~ = = '"" (Ollll)l-Ol601SA01ll100<\9) ,, EXHIBIT C !Sanitary Sewer Availability Report} /, F ~-, I , ; ( ~· ' I l = "' -- = = ,-... REPORT NO. 00-10754/001 SHORT SUBDIVISION l'ARKlNG LOTS JB AND 6 SANITARY SEIVER AVAILABILITY STUDY PROJECT NO. 00-10754 BOEING REALITY CORPORATION SEATTLE, WASHINGTON SANITARY SEWER AVAILABILITY SUMMARY DATE: JULY 26, 2000 REVISION 1: AUGUST 18. 2000 REVISION 2: MAY 7, 2001 Boeing Realty Corp 1s cons,denng subd1v1dmg Parlang Lois JB and 6 These are lhe two blocks bordenng Garden Avenue on the west and east sides, respecuvely between N Park and N Eighth Street Lot 6. to 1he east of Garden extends east to the rail tracks This sewer ava1lab1ltty study was performed by the Hams Group Inc to detennme the area of each new short subd,vmon lot lhat can be served by gravny sanitary sewer Each lot must be served by the existtng City of Renton sanitary sewer mam systems on N Eighth Street and Garden A venue North The design cntena used to dctcnmne 1f gravity sanilary sewer was available to each new lot was as follows • Any pnvate mam or SLde sewer outSLde of the possible building envelope was sloped al O 5% Mamtaming rh1s slope requires that those hncs be a minimum of eight inches 1n diameter • Sanitary sewer under 1he bu1ldmg footpnnt were sloped at \ 0% per \he Uniform P\umbmg Code Section 708 0 Grade of Honzontal Drainage P1pmg Section 708 0 ,llows a 1% slope when approved by the Admm,stTative Authonty for purposes of thiS study, the poss,ble building footpnnt area served by the sewer was conservattveiy ca[culatcd by assummg th~ transition from O 5% slope to 1 0% occurs at the setback lmc [n reality, the actual building footpnnt will probably be further back than the setback hne because of parking requirements and storm water management issues • Fmish floor (FF) elevauon was detennmed for each lot based on SLte grades or as required to provide under building samlary sewer coverage • The highest allowable under building foorpnnt samlary sewer grade elcvahon was set at l '·6" (invert to lop of finished floor) below the detcrm,ned fin,sh floor elevallon to allow for fimshed plumbing turndowns and bends Based on the design cntcna above each new short subchv1s1on lot has over 90 percent of its allowable: build mg footpnnt area available to gravity sewer service lo a portion of the existing City of Renton sanitary sewer system c..-. ""' 2 DESCRIPTION OF FACILITY The following table provides a break down of 1he prehmmary sewer design results for each new shor1 subd1v1s1on lot For each lot 1he determmed building finish floor eleva110n 1s gTVcn, the: c:xpcclcd grade of 1he sanitary sewer system out side of [he available lot building footpnnl, the cxpccled maximum length of scwe.r lmc under the bu,tdmg foot prmt, the Cny of Renton sanitary sewer systcR1 manhole in which the 101 will connect to, and a dcscnpllon of how the lot will connecl Ip the City sewer system SHORT LOT BUILDlNG SANITARY MAXIMUM CITY SA.i'i[TARY HOW IS CONI\ECTION SUBDIVISION NO rtNISH GRAD[ AT LEl'CTH or MANHOLt MAD[ FLOOR SETBACK SAN FIP[ WHICH TUE LOT ELEVATION <r••n UNDER BLDG CONNECTS TO (Ft£T) A.T 1 Q•/,.SLOPE fF[<TI LOT6 I 18 20 )5 6ll I SJ PUBLIC SEWER MAIN LOT 6 ' JO 22 ]5 61 S I SJ PUBLIC SEWER MAl'N LOT6 ) 12 14' 16" I SJ PUBLIC SEWER MAl"N LOT 6 4 12 247 180 NEWMHE OF61 SIDE.SEWER LOT }8 I 17 17 6 790 ll) f'UBllC SEW.~ J,lW/ l0T3B l 27 S 10, 110 ISS PUBLIC SEWER MMN LOTJB l JO l 22 68 oOO I SS PUBLIC SEWER MAf'N LOT)B J All "' ll' 480 168 SIDE SEW'E.!t LOT 18 ' 17 "dj 160 /j) PUBUC SEWER MAIN The fo\lowmg is a short description or how each lot or a group of lots will be graV1ty drained to the exist mg Cit)' of Renton sanitary sewer system • SHORT SUBDIVISION PARKING LOT 6 -LOTS I, 2 AND 3 Samtary sewer service 10 these three lots 1s complicated by the large 48-mch and 72-mch storm dmn sewer mains that shield access to the existing e1ght·mch sanitary sewer mam on Garden Ave N Based on conversallons with both Dave Chnstenson and Ronald Straka with the City of Renton It was delenmned thal 1t would be feasible to route the sanitary sewer for these lots through both the 48-mch and 72-mch storm sewer systems In each case a new manhole will need to be plac<:d at each crossmg, and the: samtary pipe will need to be sleeved 1n duc1ilc iron ptpe The other cnlena 1n1t1ally set 1s lhat the sanitary main needs to be above the 70 percent flow capacity lmc of each pipe Based on this cnten, the new lot public samtary sewer mam will be crossmg through the 72-mch storm sewer pipe at an elcva11on of. approximately 20 4 feet in elevahon or 3 8 feet above the invert of the 72-mch pipe The attached drawing shows this concept Once the pubhc samtary sewer main 1s on 1he cast side of the 72~mch storm sewer a manhole will be placed lo serve Lot I and provide extension oflhc pubhc sewer system to Lots 2 and J at a slope of O 5% • SHORT SUBDMSION PARKJNG LOT 6 -LOT 4: Sanitary sewer semce to this lot will rtqmrc a manhole be ms.talted on the eX.\S.tmg 20" City of Renton sanitary sewer rna1n on North 8th Street approximately 80 feet cast of Clly San1t:uy Manhole 61 -ti- • SHORT SUBDIVISION PARKING LOT 38 -LOT I· This lot will require a publtc sanitary sewer main sys1em extending from the cx.1sung City or Renton .San1tary Sewer Manhole 153 on Garden Ave N The existing 12-mch City of Renton high-pressure water mam may need to be routed under the new sewer 1f a conn1ct as encountered • • SHORT SUBDIVISION PARKING LOT 3B-LOTS 2 AND 3: These two lots will have a pubhc sanitary sewer main system that will connect to the ex1sung City of Renton sanitary sewer manhole I SS on Garden Ave N Outside of the building foolpnnts of these two lots a sanitary manhe1e will be pro11de to convey the flow li'om each rcspcchve lot An alternate or additional sanitary sewer service to lot J wifl require the ,nstaflat,on of a side sewer ,nto the ex,st,ng Crty of Renton Sanitary Sewer Manhole l 68 on N Eighth Street SHORT SUBDMSION PARKING LOT 38 -LOT 4: 77,,s lot wrfl require a pub/re sanitary sewer ma,n extending from the exutmg Cuy of Renton Sanitary Sewer Manhole I 53 on Garden Avenue No Thu pub/re sewer also serves lot I ALTERNATE SEWER PLAN The following table proVJdes a break down of the alternate preliminary sewer plan for each new shon subd1v1sion lot that allows each lot to be provided sanitary sewer semce by a side sewer For each lot the determined bmlding finish floor elevation 1s given, the expected grade of the sanitary sewer system out side of the available lot butldmg footpnnl, the expected maximum length of sewer lane under the building foot pnnl, the Caty of Renton sanllary sewer system manhole m which the lot wall connect to, and a descnpt1on of how the: lot will connect to 1he City sewer system SHORT LOT ~VILDl/'IG S,\J"IJTARY MAXIMUM CITY SA.N'ITARY HOW IS CONNE.CTJON SUBDIVISION NO FINISH GRADE AT LENCTHOF \IANHOLE WHICH TH£ MADt FLOOR SETBACK SAN flPE LOT CONNECTS TO ELEVATION (FEE1) UNDER BLDG (FEtn AT I 0•1. SLOPE lf[M"\ LOT6 I l8 21 ll<l Ill SIDE SEWER LOT6 1 JIJ ,. 61) PIPE SIDE SEWER LOT6 J 12 "' '"" .,. SIDE SEWER LOT6 ' )2 '" ,,o PIPE SIDE SEWER LOT J8 I 27 17 6 700 '" SIDE SEWER. LOT JB 1 '" 10 8 l?O '" SIDE SEWER LOTJB J JO 7S 2l2l 600 PIPE SIDE SEWER LOT JB JAh 29 l 2) l ,,o 15S SIDE SEWERS LOT JD 4 11 17 17 8)0 PIPE SIDE SEWER The follow,ng 1s a short dcscnpllOn of how each lot or a group of lots w,ll be gravity drained to the existing City of Renton samtruy sewer system • SHORT SUBDIVISION PARKING LOT 6 -LOT l: Sanitary sewer scmce to this lot ,s comphcalcd by the large 48-mch and 72-,nch storm dram sewer mains that shield access to the c;ushng 8-mch samtary sewer m:un on Garden Ave N Based on convcrsahons wnh bo1h Dave Chnstenson and Ronald Strab, w11h the Caty of R<nlon, at was determined that ll would be feasible to route 1hc sanitary sewer for this lot through both the 48-anch and 72-mch stonn sewer systems In each case a new m.lnho1c w1ll need to be placed at each crossing, and 1hc -f1.- ' = = = "' sanitary pipe will need to be sleeved m ductile uon pipe The other cntena mlllally set ,s that the san,tary main needs to be above 1hc 70 percent flow capac1ty lmc of each pipe Based on this cntena the new lot pubhc sanitary sewer mam will be crossmg through the 72-onch storm sewer p1pe at an dc:vatton of approximately 20 8 feec 1n elevation or 4 2 feet above the mvert of the n-mch pipe The attached drawing shows this concept • SHORT SUBDIVISION PARJ<JNG LOT 6 -LOTS Z & 3: Lot 2 will r;quire the placement of stlle sewers over the top of the 72-tnch and 48-mch storm dram hnes The side sewer w,11 drop mto the existing e1ght-mch City of Renton per the City of Renton typical detail stde sewer >1scr detail Lot 3 side sewer will also go over the 72-tnch and 48-,nch storm dram !mes, and then w,lt enter mto !he City Sanitary Manhole l S8 • SHORT SUBDIVISION PARKING LOT 6 LOT 4: Sanitary sewer semce to thts lot wrll require a side sewer coMccllon be installed on the ex1stmg 20-mch City of Renton sanitary sewer mam on N Eighth Street approximately 80 feet cast of City Sanitary Manhole 61. • • SHORT SUBDIVISION PARJ<JNG LOT 3B -LOT 1: Tots lot will require the placement of a side sewer into existing City of Renton sanitary sewer manhole l S3 on Garden Ave N The ex1St1ng l 2-mch City of Renton high-pressure water mam may need to be routed under the new side sewer 1f a conflict 1s encountered SHORT SUBDIVISION PARKING LOT 3B LOTS 2 AND 3: Lot 2 will have a Stde sewer that w,11 coMcct to the extSnng City of Renton Sanitary Sewer Manhole 155 on Garden Avenue N Lot 3 will have a standard City of Renton Side sewer connecnon to the City of Renton's 8,. sewer mam and Garden Avenue An allernate or additional sanitary uwer service to Lot J w1// require rhe 1nstallanon of a side sewer inlo the existing Oty of Renton sanitary sewer manhole /68 on N 9th Street • SHORT SUBDIVISION PARKING LOT JB LOT 4: Samlary sewer service 10 1h1S /01 wt/I require a side sewer connect1on mto the existing City of Renton samtary sewer approxirnately 70 feet north of Manhole / 53 4 CONCLUSIONS Gravtty sanitary sewer semce 1s available lo each of the lolS 1n the proposed Short Subd1vu1ons Parlang lots 3B and 6 Bu1ldmg sewer semce should be available m over 90% of the allow building footpnnt of each lot In our opinion, the porttons of the lot w11hout coverage are not s1gn1fican1 because • The areas not covered are small It 1s likely Iha! any restrooms or other uses could be located 1n a pornon of 1he building that has access • Parlang and storm water management issues will reduce the maximum size of the bu1IJ1ng from that calculaled to form the sctb,ck requuements ,Jone. Parking and storm u1cr stnictures could be located in these 3tc:as where the sewer docs not reach. If you have any question regardmg methodology, routmgs, or conclusion ofth1s report please (c:d Ir« to contact Hams Group Inc at (206) 494-9400 -f-;- (Y") = = ..,.. = = C-,0 5. APPENDICES • SIie Plan (SK-Cl) Rev A • Allcmatc Site Plan (SK-C2) Rev A RSM/meh I EXPIAES ,,,., t,qf, t,. 99· 10745110745']>1001 _Rl doc cc RSM, IT, RGV, Fol< -f 4 - Prepared by ·~-~ cN1esh, PE Engmeenng Manager • ~ce ofth~~erai'&,ni,sel .The ljoeing Company M/Ci3-08 / P.O: Box 3707 _i .. •' seiittle;WA 98124 / .. Attii( Gerald L..Bl'essloin' 1111111111111111 20041228001869 FIRST R~RICAN ERS 32,00 PAGE001 OF 014 12/28/2004 14:09 KING COUNTY, LIA Document Title(•) (or tr~actiilns tolitainedtli~):. /J!l) WatcrLineEasementNir•t ··· ,.,... ...... ,& Reference N111Dber(1) of DocumelltJ asslg,ied Of released, (on page_ of documents(s)) · · · · · 1S,T A.M.-S •' . ·" ·· .. Graat'1"(s) ~ name first, then first name and initials): The l30eing Com~y o .. Adt!itioiiat nam~ on page _ of document. Granttt(s) (Last name first, then first name and initials): King~f-l~P1.:;ri . BV, "'" ,. ' e,' Deputy ,[, / .. '· , ;,, •' ;. /rbe B6cing ¢omp~y . .. ,. D Mru.tiona1 n.aws~ pag~.::;_ of document < ·1,.ega1 ~esu!Ji~ol\'(abbttivfued: ie. lot, block, plat or sc:ction, township, range) pi;;: of Lot :( Bof:ing ,Lak~ore .Lan!ling;'AF)'I" 20041223000856, NW Y. S8 T23N R5B Assessor's Prop~rty Ta::,:,ParieliA~i 'N~,iibei 0823059221 ·• ,., .. •' . , ... . [0300:l-0105.000000/SB043350.079) WATER LINE EASEMENT AGREEMENT .-/ _THIS W,ATijR LINE EASEMENT AGREE¥BNT (this "Easement Agreement") is made __ and entered into as of'l>~<r l$ , 200 ..:1., by and between THE BOEING . COMP ANY, a I;>elaware corporatioyi as the owner of the land descnbed in EXlilBIT A (''Grantor.\ ~ Tim BOEING !:X):MP,ANY, a Delaware corporation, as the owner of the !arid ~ciioe4 in ¢anl3n; B (''Gf.lA~e'?, _,Y / ··.·: ···:, ..... ,· •' -·· .,. __ , ~ ,,· ·:,)' -' RECITNLS: A. Grantor is the owner oftba,:'ceijk parcel of land located within the City of Renton (the "City"), located soi.rtheas't o(Lake Washington and w¢st9fI-405 and commonly known as Boeing Lakesli:ore [;iin~ (the "Servient Estate'.') as di:scnbed in EXHIBIT A attached hereto. · · · · · · · · · B. Grantee is the ownerh-flahd Mjacent to tiib s~eht estate_ to the west aru1 south (the"pominant Estate") as described in B:iam3IT 13 attache<lhereto: ' -· .. - .ic. T!ie Servient Estate contains certainw'idefgrorind,~::;,-:~ in~ludµig a'later line l&cated in thci':northeast portion of the Servient Esta\;e (the ;!W~ Line") ben.efitijlg the DQlllinant Estate. : .' ----. ---- . . ,• ii _>o. . i Orktee wishes to obtain and Granter is willing id gr!IDJ an:~~l:h.f perpetual ieasement dver, ,i:in\ieriactoss and through the portion of the Servient Bs~teJegalfy described ii and depicted on100i1BIT G. attached hereto and incorporated herein (the '~t Area") for the Water Line ... -··'""\ -.. ·., . . AGREEMENT NOW, UIBREJJOlffi, for andjn tollliideration of the sum of One Dollar ($ LOO) and other valuable corisidcratic;in, the receiphmd suffici"!'o/ of which is hereby acknowledged, Grantor hereby grants, dei;lar~ JC$\lfVCS and conveys ti) Gt-antee, and its successors and assigns in title to the Domillant Estatii, the right to·ret;un t.Jie' Water Line and an exclusive perpetual easement over, uruiet,,.aoross.and through the ~asen\ot1t.P..rea, subject to and conditioned upon the following terrns,J:onditums an.d covenants whic4. Grantee hereby promises to faithfully and fully observe i!Dd perform · -·· ' ·· :,-· · 1. Purpose Grantee shall have the right to retain the WatefLin!iin ~e ~e~t Al;'eaand~e. right of access, ingress and egress over, under, across and th.9.ugh/theJ~asCIDeJ1tAreacfortlie-- purposes of using, operating, repairing, replacing and maintaininifthe W'ater_Liiie,. · ·· .,· ··. . . :_'. ... WATER IJNEEASl!MENT AORl!EMENT [030-03.0l0S-OOOOOO/SB0433S0,079] 1:kil1 12/ll/O. . -· ,; _.::.!.• Compliance with Laws and Rules Grantee shall at all times exercise its rights herein in accordance with the requirements ( as frO!Il ~ to time amended) of any public authority having jurisdiction and all applicable · st;itu~, or\furs,.rules and regulations. 3. i Gi'~tee's.Use kd Ae6vmJ . ;· ,, .,· ,,' ·:-,• , ... ,,:~: ,: ..• ~sh;dl e#~e its ¥ts"'tind~.~ Easement Agreement so as to micunize, and avoid if reasori@W po~ible, inter:fi#iice ~itJ! Gi'imtor's use of the Easement Area. ·. ' ,,./ .... .. .... ~·· ·' {_ . _,.--, 4. Grfutpr'~.Use ofthe'Eas¢111ent ~ .. ··· ... · .,.,.,.-. .· .. ,, ·' .,. Grantor resery'es 19b riglit to ~e jJie Bai.~ ,Area for any purpose not inconsistent with the rights herein granted; ptovided,that Gralitor s~ not en,:ct, #onstruct or maintain any structures or building impfovements in~ Bas~ Area. ,·. · ..... / 5. Grantor's Covenants (kiw.tr,,r covenants with Grantee that it shall not~biir s~.the W~er Lui~, I)!: tap into tbi: WaterLjne, or disrupt the Water Line's.~~ to Griinte.e.o[i~!oQl!te the )Yater Line .. / Granter fuither covenants with Grantee thafit shjdl ncii grant, deciare, reserve o{ con;l"ey ~ fi,iture easement in the Easement Area to anyo11ier :lJers6iL ·.· · · ~; 'Ind~ i .·... E;i<:h p!lfty,{tlie ":indemnifying Party'') shall hold the other ( the "hid¢tnniiied Party") ')larmiess fr011:i'apd ag~t any and all claims or liability for bodily injury to dr4iiath of any person or loss o'f or,dalnilge ~ any:pi:operty arising out of the Inderrmifying Party's use of the EaseiiietifAre~ or froll!,iw.y~tivlty, ~ork or thing done, pennitted or suffered by the Indemnifying Party,itlempioyccs,.agents; contractors or invitees in or about the Easement Area, except cmims and liabilitie{to the exte!ltca,used by any negligenc,;: or willful misconduct on the part ofthein.q.emnified Party, its agetits, ¢mployoes, contractors or invitees. .. ' . .. ,•,•, 7. Abandonment The rights herein grantedslian cimtnfoe µhtil SllCji ~ a:; (mmtee gives ninety (90) days prior written notice to Grantor off3rantee'·s intention t,l·al:iandc\ll·the. easement descnbed in this Easement Agreement, in which CVCllµ this Bas~t.Agr(:ement shall:automatical!Y terminate without an amendment to this Easeinlmt Agreertient iind .aiinghts:herCl!cilder shall revert to Granter. · · · ·· ·· ····· ·· WATER LIN!! EASEMENT AORE.EMBN! (03003.0IOS.OOOOOl1/Sll0433S0.079] P46Bi: 1ii231o4'' .8. .... Tennination of Easement . . .. Upon the termination of the easement granted herein, Grantee shall have the right to . turn. over toJ:lrantor the Water Line in its "AS IS" condition, and Grantee shall have no •. ol:iligld:lon to l'Cll:lO~ any underground utility lines, equipment or appurtenances from the Basen:ient Area'. covered. by the ~oorrot, nor to perfonn any cleanup, restoration or iemediatjimto the~etnent¥ea, m,eluding without limitation any cleanup or remediation of anycontii!fflDati6n gf the s9il or grounmyau;i: in, on or under the Easement Area, provided, however' :that jn thii evimtJ:hat Giantor's ~ and obligations under this Easement Agreemeiit ar~~pld oroth~~i#\ieye1Hd 'ftan,swestern Harvest Lakeshore L.L.C., its successors;md assigns ('.'Transw~ern"), (;ir~'s obligations regarding environmental matters under tli.e .Agreement' of Pwchase. ani:f:S;ue and Joint Escrow Instructions dated as of November 23, 2004 bf andbetwei:n qtalit¢e and Transwestem (the "Agreement") (including any exlnbits thereto) §blllUie applicabie t9 the.Ease=nt Area Tusii;p~ as provided in the Agreement, (including any exlµbits tber¢\o),.Graiitor shalt;and hcil'ebj doE.'S, release Grantee from any and a11 claims of anY 19ru,f' or fill~, linoVjn or UDkno\lVII, iiquidated or unliquidated, whatsoever relating to the conditibn pf the Eas•t ArC/li inpludl/ig claims relating to or arising in any way out of the presencd O!I th~ ar~ of the easement gninted herein or in pr within Ille-Basement Area of any chemicals, eon~ts, luizardo~ mat~ or danieivus wastes.of any kjnd whatsoever. .. . .. • . . .. ./" . .. . . •· . . 9. Notlces i :Notic6s required to be in writing under this Easement Ak~t shall~ pc#sonally serve<lbr s~t byp.s. mail. Any notice given by hand shall be deemeg: giyiln :vvheii delivered iiln.d llfiy nQtice s~t_by-i'ilail. shall be deemed to have been received whifn .. ffeee days have i elapiiedfrom th~.time such notice was deposited in the U.S. mail, postage pt!ll':iid, and · addressed as .. follows;.· · · · · ·· With a copy to: WATEIUINEEASBMENT AORl!EdENT [03003.0105.000000iSB0433S0.o79) Th~ Bocifig Company .M/S2R-79 P.6. B1,i,: 3.707 •· s~att1e, wA 98124-2207 Attn: . Director of Real Estate ~!lld L/Bre$Sloll!' .. •· •. Office of the General Counsel The Boeillg Coµipany MIC 13-08 ·. P.O. Boic 3707' · •..• • Seattle, WA 98124 ::· PAQE..3 1l!i;10/ To Grantee: W~h~copyto: '•, ·• / ; The Boeing Company M/S2R-79 P.O. Box 3707 Seattle, WA. 98124-2207 Attn: Director of Real Estate ,_,deral4't. Bresslour O~of.~(k,neral Counsel , The.Boeing CO!ilpany MJcj} .. os _ .. · . · . i l'.C(Box 3107 · .. / Se~e, W .(,. 981:;?4 .. .. ,· ·,~· ,, .,' Either party may charige tfie ad,lress J~ w:hich iiotices'may be give#by giving notice as above provided. ' · ·· ·· · · · 10. Title ~ rights granted herein are s~bjectJo Jii,rrnits, leas~, ~ens~ and ~ements(if,,my, hereto tore gtaiited by Grantor affecting the Ha!!ement ,Area. qtantot does llOt iy.ra!Tiltit t;tie to its pr,;;perty and shall not be liable for defects tfil:rct-0'or ~ tl}ctedf; . •' ,' • . C~v~ant~ Ronning with the Land/Svccesso~ afuI 4ss1ps_, ·. :: 'I ·; · .. · / The termlf'and conditions of this Easement Agreemeot shall-be:<:ov:tnants 1'.0Ming with /the land, arid sh;dl l)urtlen lUld benefit Grantor, Grantee and their res~e successors and .{ assiglls. in inte¢st of the Servient Estate and the Dominant Estate, respectiv'tly.,' 12, · ... Noie~itttori'. ofPriorLial>llity ··,,.-" ,, .... / ;. ,.-.. No teriniruiliori oqhjs Easem,entAgreement shall release Grantee from any liability or obligation withrc:spect.idariy llJ!itterq_cc)irrjrigprior to such termination. 13. Attorneys' Fees In the event either p~bripgs ll. iegl!i actji)n ~ tlie, other party to enforce its rights hereunder, the substantially'prevailingparfy shall l>e entitled fo receive reimbursement from the other party of such prevailing party;s costs incurr~ in such legal.action (including the costs of appeal), including the reasoilable'Jees and disl>tirseinent ~f the prevailing party's attorneys, in addition to all other rights and r~ef availabl<{to the prevailing p.µfy at law or in equity. ·· ·· · · ,.. · WATER llNE EASEMl!NT AGREEMENT \03003.Ql05.QOOOOO/Sl!043350.079] n;oii{ 12/ll/O{' :i4,.. No Merger of Estates Th~ easement granted herein shall not extinguish or terminate by operation of the doctrine oftnerger or otherwise due to the existing or future common ownership of the real ·· PTPPm:tY ~cri!JedJ:,erein. "' ~ JS. i Cl>Diplete.,\greement' .. · ' ' • ..·.~ ~ ~=wd,~ntairui"tli¢ entire agreement of the parties with respect to this Slibje¢ ~· and~ec!ey'allpriorot' c;pfuc;mporaneous writings or discussions relating toJhe ~.t prow.fed/or herein:' TbiaBasement Agreement may not be amended except by awtjt_t~'doclimc¢ exel;uted a~ ill~ date hereof by the duly authorized representatives of Graritor and Grimte!l; ·,T)ns ~ement Agreement includes BXIIlBITS A, B and C, which by this reference aie ingorp¢rattjl into this Basement<Agreement. 16. Choice of Law This Easement ~t s~ ~--goveni~ b;the la-W ofthe State of Washington, exclusivi:,pfits choice of law rules. · .. ·' .·. ' ·' '' ,, ...... . [The remainder of this p~ge,if.ilJtintij>'naqj, lejl,bl4}1~) WATERI.!NE l!.ASl!MF.NT AORF.F.MENT [03003-0105--000000/SB043350.079] : .: . IN WITNESS WHEREOF, the parties have executed this Earement Agreement as of .·.· the date first above written. ·· .. WATERUNEBAS!lMllNTAOREl!MENT [03003,-0105,-000000/SB043350.079) Gnmtor:. THE BOEING COMPANY, a Delaware corporation, in its capacity as the owner of the land described in EXHIBIT A -~;,·OJ;.tft ~ .lf!i: Autb,orized Signatory /·,} ,• _; Grantee: . <, TJiaBO~ING Cb~ANY, ;Deµiware corporation, fu its.capilcity.as theoWllCI' 9fthe laftd descril#d ip. EXIllBITB ' By (!;Jff/;· :i1ia-~'1 Its: Authorized Signatoiy . . .. . . . . l'l\OM. 12n3!04', IN WITNESS Wl-tERBOF lhave h~o set~ hand i¢tl official seal the day and year first above written. · · · · ' '" · -· WATER LINE BASEMEN! AGREEMENT [03003-0105.000000ISB043350.079J :· PA@'B,7, _ 12/23104: '''"'"'"''.:· STJ\TB OF WASIDNGTpN ) C0~9F~~ss. ··· i On ~#ai.y of /)ec_ · , 20<i(f, before me, the undersigned, a Notary Publio and the S~ -of,Was · on, duly commissioned and sworn, personally appeared . . . . to me known to be the person Who signed as of THE BOEING COMPANY, the cotj>oiation t¥ ex~ the~ . , .. ~oing . and acknowledged said =bt;::~rtn:1::i~~~t:e1~~:~~::::i=and acting as sakl'ob of the corporittion, t)iaJ &t1, R was authorized to execute said instrument and that th.6' sealaffix~d. if,any,is tlJe corporate seal of said corporation. IN WITNESS WlIBR:aOF lhayi h~fu set ~.Jiand atj~oflicial seal the day and year first above written. ' · _iM.f·./i > ~ WATl!R UNJl EASEMENT AORl!l!MENT [03003-0105-000000/S!l043350.0?9] ~~~~ c-?f; ~tf?!i. L ::1t;:./'1.~e?&-er (Pnnt or stamp~ 9f~otarr) :· ,: of Washington, residing at._'_,.:'__:_____, Jc1;:f_, NOTAR: PUBLICin8*1J ~!:. ·•·· e Sti!te My appointment expires: >·. ·• -' . PAOB .. 3 1,'lJ23/04 EXBIBITA Legal Description of Servient Estate •' .-. ,• . LbT ~. BOBlN(fLAKESHORE LANDING, A BINDING SITE PLAN, RECORDED UNPER REC:ORDINGNO. w64i'2l3000SS6. •' . . -. , .. -·.-. ' ··:/ ./ SITUATE IN THBCITYbF RBNI'ON;COUNTY OF KING, STATE OF WAS}IlNGT()N,i ' ' ·. i ; APN: 082305922! ·~·-•' .-.... _, .. ·' EXlllllIT A 10 WATP.R UNEEASBMl!NT AGRll!!MllNT [03003-0105-000000/SB043350.079] . PA01!9 !U23/04 EXHIBITB Legal Description of Dominant Estate !AND SI11JA,tllD'1N THE STATE OF WASHINGTON, COUN1Y OF KING, DESCRIBE[) AS _fOLLOWS:> " ' ) TI4A.TPORTI0N50F THE0 'EA$T·HA,LF OF SECTION 7, TOWNSIDP 23 i NOR'I'H, RANGEp EASJ' \',y':M., LYlNG EASTERLY OF THE CEDAR . RlVERWAi;ERWA);'.N~i 2Af\l'D~ORJHERLYOFNORTH6TH STRllET ~-THE SQUTHEASTl;3R;I;'l."Q'UARTER OF SAID SECTION; LESS THAT J,'ORTlONJ.IORN()~HERNPACIFICRAILWAY RIGHT-OF-~AY_/LESSSTI<EETS; i ... ,,·"'"·1_._ TOGETHER WITH V'AcATBD LOGAN STREET L YIN.Ci NORTHWESTERLY ORA LINE 30:FEE'l'.NORTHWBSTERL Y OF THE GOVERNMENT MEANDER LINE; TOGETH:l!R wi:THSECOND CLASS SJ{ORE LANDS ADJACENTi/ ••. i . . / ) .o ' ., ,. >, . . AADTOGETHER WITH THAT PORTION OF THE SOUTHEAST--( .••. ·QUARTER OF THE SOUTHEAST 4uARTER0F SAII.>.,S!'!CTION) i BEGINNING AT THE SOU1H MARGfrfOF NORTH6THStREE1' AND. UII!.MARGIN OF LOGAN STREET NORTH'; TJtmriCB.S0l}TIIE1U,Y / ALONG $AID STREET 995.34 FEET; THENCE SO(/TI:i: 89"! 8'4.5" WEST )TO jHB BASTERL Y MARGIN OF CEDAR RNER WAI~ WAY'N0,'2; ,, THENCE NORTH ALONG SAID MARGIN TO THE SOUTH MARGIN OF < NORni: 6TII STREET; THENCE EAST TO THE POINT OF13~INN1NG; 'iEss'rMT.PORTtoN BEGINNING AT THE NORTHWEST cbRNER , . TI:IBREOF;'nij!NqE S9UT.HEASTERL Y ALONG THE WESTBRL Y .... 1'.:i:NE ~28;'75 J,l!!E'l;TO THENCE NORTH 89°45'45" EAST 366.34 FEET; THENCE NORTH00°!4'lS" WEST TO THE SOUTHERLY MARGIN OF NORTi-J: 6TH s;tiiiET; fJia:Ncj, WEST TO THE POINT OF BEGlNNING LESS THBSO'UTH 137. 70 FEET THEREOF; TOGETHER WITH PORTION OF Tff!l. NQJTIIWE$'I' QtJAR'I'IiR OF SECTION 8, TOWNSHIP 23 NORTH, RANGE 5.EAST AND THE SOUTHEAST QUARTER OF SECTIQJS.6, TOWNSHIP 24NORTlt,RI\NGE 5 EAST AND THE SOUTHWEST QUARTER.OF SECTION 5, TQWNSHIP 23 NORTH, RANGE 5 EAST, LYING NORTHWES,:'~~y OFTIJE NORTHERN PACIFIC RAILW'AY:RlGUT-OF-)VAYAWl. . soUTHWESTERL Y oF A LINE BBG~GATTHlfINTEitimc;:noN OF THE WESTERLY EXTENSION OF nIE .. NO!lTH1,IN1J OF, / ·· .. GOVERNMENT LOT 1 WITH THE WEST MARGIN SAID RlGHT-OF- WAY; THENCE WEST 763.39 FEET; THENCEN:qRl¥43906'56''. WEST EXHlBIT B TO WATP.R LINE EASEMENT AGl!EEM!lNT [03003.0 lOS.ODDOOO/SB0433S0.079] .,· PAOEIO 12123:-0, 680.06 FEET MORE OR LESS TO THE INNER HARBOR LINE; THENCE ·: SOUTH 46°52'27" WEST ALONG SAID LINE 607.89 FEET TO THE .:-.>TRQE POINT OF BEGINNING; THENCE SOUTH 43°06'56" EAST 713:117 FEET; THENCE SOUTH 46°53'04 WEST 215 FEET; THENCE SOUTH 20"38'24" WEST TO THB NORTHWBSTERL Y MARGIN OF SAfD.NORTIIJ;!RN PACIFIC:: RIGHT-OF-WAY; LESS BURLINGTON NORTHERN OPERATING $TRIP ADJACENT AND PORTION OF THE SQUTijEASTEJU/Y'iJNEOF SAID SECTION 08"23'05" EAST; LBSS ROAD NQ/ 7; TOGBT!ffiRW1TH VACATED LOGAN STREET LYING NORTHBiu;yoF'SPUR·TitA.cgs·.'16GBTHBR WITH BLOCK "C" LAKE . ...... ~ ... ,:. ,_ ,,' -'• , ; ·: W¥H1NG,TONSH()Rll,l,ANI)S?Rn, ~UPPLEMENTAL. APN: 0723059001, EXHlBITB TO WATl!lll.JNEEASJ!MENT AOREHMENT [OJOOJ-0!05-000000/SB043Jl0.079] )'AGl!ll : . 12/23104°, EXHIBITC Legal Description of Easement Area , .. WATER EASEMENT .: .:: .:· .; -···=· :·. •' .,.: ./ ALL Tl{AT ~IlT.fuNJ>ROPER'.IY SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OI(W ASRINGTQN, ~.iY'IN~,WITHIN WT 3 OF BOEING LAKESHORE LANDIN(, BINQINGSITE PL,\N;-ACCQ!"{PIN'G TO THE BINDING SITE PLAN RECORDED mID&R RECOR.DING NO, 20f)41223000856, RECORDS OF KING COUNTY,'WAS~GTON/AND ALS<ir,¥:i:NG WITHIN THE NORTHWEST QUARTER OF"$ECT;toN8, TQWNSHiP,23 :NORTH, RANGE 5 EAST, W.M., BEING MORE PARTICULA:)u,YDBSC~EDAS fOL)'..OWS: COMMENCING AT THE INTEllSECTiriN ()F GARDEN A~ NORTH AND NORTH 10TH STREET AS SHJ)WN ONSAfD J31NI?ING SITB:i'LAN, THENCE S 18°00'30"E ALONG THE CENTEIU,INEOF ~ARDEN l\."VB:NlJB)!f QRTH A DISTAN(;;E OF 186.20 FEET; ... ' .. . . .. / ... THE!>fCE s7i•s?'30"W A DISTANCE OF 30.0P,~Tto A P9INT9.!f T$ Bf.sT.i PROJ:lERTY LINl,, OF SAID LOT 3 AND THE TRU];:POJNT OF B_EGlNNJNG; .i 'I'l$NCJi~oM SAID TRUE POINT OF BEG~J S18°00'30'~ ALbN~ SAID E,i\ST PROJ:lBRTY LINE A DISTANCE OF 41.82 FEET; , , .•fHBl'l~E.S88°5-'r49'1WA·l)ISTANCE OF 26.21 FEET; 'tlIBNCE N01°02'1 l"WA DISTANCE OF 40.00 FEET; •' : •. •' ,, . •""'· THENCE N88°57'il9''J'iA plISTANCE OF 14.00 FEET TO THE TRUE POINT OF BEGINNING,-. CONTAINS 804 SQUARE FEET+/-. . ' EXHlBIT C TO WATERLINEEASF.MENT AGREEMl!NT [03003-0l05-000000ISB0433S0.079) •PAG!l.lJ :;· 12/ZSJ04 ··,: ,:··-,: .=·..,..·· iBOtlNG LAKESHORE LANDING 8/N'OING SI TE: PLAN LOT, J \ \ .. \ ··. 1188'57'49"£ . .J.f.J)O' EXHia1r 'B' \ PROPOSED WA1ER EASEMENT·• . SCAL[: 1 " = JO' \ ·· .. \ .· . . · \ \ \ \ \ Office.hrlheGendal'Co\UlSel The~ ())mpany · · M/Ql3-0S :o P.o·. Box 3107 / Seattle,'Wi\. 9~124 ,, ._. Attn:' Gerald l,. Bresslfiu.r 1111111111111111 20041228001870 FIRST A"ERICIIN EAS 34 .ae ?AGE001 OF 016 12/28/2004 14:09 KING COUNTY, IIA Reference Number(s) ofl>ocu•ts ;issigaied or rd~-· · · (onpage_ofdocuments(s)) · · · · J~TAM.,S The l!i>eing CoiiiJ>.any O~llal nain¢S on page_ of document. ' .·· ·. .. ¢rant~(•) (Last mime firs~ theo first name and initials): 'The ll6eing Comp~y D ~fual naines·on·i,.;g._ or docwnent. ,. ,,· ,' ,;· ,• EXCiSt: 'fAX NO'ffff:OUl~E\:f :: 9z=if+w_ .. •, Deputy . Legal descrlpll'!ii (ab]lreviated;: i.e.!~ block, plat or section, township, range) .I'tn9fL(!ts'l aJJd 4, ~ Lu;esb.o,e-U11ding, AFN 20041223000856, NW Y. S8 T23N RSE []] ~ legal is oh.p?,i' -2.; o/'d~ument Assessor's ProJjerty Tax ~rtel/A~.1'{~ · 0823059079 , ,,' [03003-0105-000000ISB043350.036) TEMPORARY STORMW ATER FACll,lTY EASEMENT AGREEMENT .. • . .. nns TEMPORARY STORMWATER FAClLITY EASEMENT AGREEMENT / (this 'i!aseineni' Agrei:ment") k,.~ and entered into as of Decwk ZS , 2ott._, by and i ·betwi,enTUE BOElNG COMPANY{ a Delaware corporation, as the owner of the land • <./ destnbedinEXHI13IT A (~Grant,or!;), aµ.d'J11E BOEING COMPANY, a Delaware · cofporiiticin, $i the owrie1igfthe ii\n4 46scnll¢ it;i EXHIBIT B ("Grantee"). . •' : . ' ,····.: ... ,,.J ·' .. RECITALS: .,· ·-•, A. ·~o/is ~ o• ofthit ~ parcel of land located within the City of Renton (the "City"), lqcat,ed so11thei¢ ofLak:~ W~n and w~ofl-405 and conmonly known as Boeing Lakeshore ~ (t)ie "S6'yient Estate'.') as described in EXIIlBIT A attached hereto. ' B. Grantee is the 0WI1er ~f.!iihd ~djJmt to ilil ~.fuii:fu ~tate to the west _and south (the.'.'Dominant Estate") as described ln EXHU3,IT B,atia¢ed,hereto: · · / C. The Servient Estate contains certai.o, .uridergroiind s~atcrr ~-linJ located to tile east. of Logan A venue North that are used for drainage 9fstoIIIJ.Wa~ ¥iefiting theDomiiiaiit Estil.te (the "West Stormwater Facility"). /:mint~ ~e.do obtain and Grantor is}villing to s\-ant !Ill exclusive temporary easement over, undet;}lC!'OSS andthr~iughthe portion oftb'e Sernent Estate legally descnbed and ckpicted on ~IT,C attached hereto /and incorporate1fhereiii'(the "Easement Area") for the West Stormwater.·Fadlity; . . . ,', .-··. :: ... D. ,/ The c;ify is c~tly developing plans to reconstruct Logan A~ue North and in thi!t eyc:nt to: als9iconstrugt a 11.eW·&19nnwater facility beneath the new Logan A venue North.··- AGRiEMENT NOW, THEREFOW3, !Q,,llll:d in cdnsi(jeratjbnofthe sum of One Dollar ($1.00) and other valuable consideratiottt the receipt and $llfficjency.' of,'l\ibiqh is hereby acknowledged, Grantor hereby grants, declaies,.r,c;serves· an4 conveys_,to Grantee; ~d its successors and assigns in title to the Dominant Estate,.ihe rigbt,.fo retail:l the West Stormwater Facility and an exclusive temporary easement over, under, "'i(PSS #d Jbroµgli' the Biis~t Area, subject to and conditioned upon the following terms; coriditions .ind cove#ants-which 9rantec hereby promises to faithfully and fully observe and perfoim, ·· , ·· · · TEMPORARY STORMW ATER FAC!Ul'Y EASl!MENT AGREEMENT (03003.0!05-000000/SB043350.0l6} PACE!. 1ply04./ i 1. ,. Purpose . :. · GriJI).tee sball have the right to retain the West Stormwater Facility in the Easement 'ArC/& and the right of access, ingress and egress over, under, across and through the Easement · Aiea f'i>r the piµ:pose:; of using, operating, repairing, replacing and maintaining the West Sto1'ni\VaterFacility. . 2. i Cc,~p~'* w1t11.l:~s ~·Rlj]es . . -' ·' •' . \, / Cfuurtiie.sfun 11t all~ ~eici'e its~ herein in accordance with the requirements ( as from tiJpe to mi:w"lmiended) o(any pu~c ilutJibrity having jurisdiction and all applicable statutes, ordeTS,.roles arid regulations. . •' •' 3. Grantee shall exercise its rights im~ dris Eiisement ~ so as to roiniroire, and avoid if reasonably possible, iriterfere;ice 'With. Gr;iitor's J.lSC of th~ Easement Area. :· .. .. .,· .,,,:. -: .... 4. Grlllltor's Use of the Easem~t Al'ea / Gran~rreserves the right to use the Biiileman"Ma fo~ ~y·~o&e not iru;bnsjstent with.the ~ts hiirein granted; provided, that Grantor sJ#ill not iect, c<;ll:istruct orfnaintain anystru<;ture$ or bwlding improvements in the Easement:Afea/ ' .. ·. .. .. , Si ./Gn¢tor•} Covenants Granter cot-with Grantee that it shall not disturb or sev; fue:West Stormwater ' Facility;-or fllP into tlie-·WestStormwater Facility, or disrupt the West Storciwater Facility's secyice to.Grantee ,or reloca, ~W~t Stormwater Facility. Granter further covenants with Graiitee'that it~ not'grairt,.declare/reserve or convey any future easement in the Basement Area to any other pecion. i · · 6. Indemnity,, Each party (the "hi~i; Parly")shallho~~~ Qther (the "Indemnified Party") harmless from and against any and all cl;ums 'or liability for bodily injury to or death of any person or loss of or damage to aii}iproperty~ing ollt 6fthe'.fndeinnifying Party's use of the Easement Area or from any activity, work or thing .done, permitted orsufi.'ered by the Indemnifying Party, its employees, agents, co'iitracto!j or ilivitces in,, Qt about the Easement Area, except claims and liabilities to the extefit,<:a'us~ by any iieglige:rice or-willful µrisconduct on the part of the Indemnified Party, its agents, empl~yees, c:6nt.ractqts or~vitees. ·. TEMi'ORARYSTORMWATERPAC!LITYEASEMENTAORl!EMENT [03003.Q105.000000/SB043350,036] PAOEZ )2123/0§ ,. :7. Abandonment/Construction ofNew Logan Avenue North .. :.,The rights herein granted shall continue until such time as Grantee gives ninety (90) . :' days.prior written notice to Granter of Grantee's intention to abandon the easement descn'bed · in.this Baseineqt,Agt:eemem, or upon the City's reconstruction of Logan Avenue North inclUlling .construction of a new: storn,IWater facility, whichever occurs first. In either event, this &seinent ~t shajl·autoip.atica.lly terminate without an amendment to this · Basemeirt~ and all rightii'her~der shall revert to Granter. . ' •' .. ,.: ·. ;: ·... _. : 8. Ttrminatlon.«ifEiisemllliV'; . .-/ / .... Upoii,flw.terminatlon'of th¢ easenilltf gr,anted herein, Grantee shall have the right to turn over to Granter the W:est SWtmwattr,Facility in its "AS IS" condition, and Grantee shall have no obligation to reIIliive al1'y undergiolll\d utility Jin;:s, equipiµent, or appurtenances from the Easement Area coveted bythe $sepient/nor to perfc:iiln any 4Je4riup, restoration or remediation to the Easement A.tea;' incfudu% Witho.ut'limitatjon,anytleanup or remediation of any contamination of the soil or groiitidwatel.' in, on or ting.er !:lie ~ement Area, provided, however, that in the event that Grantor'{rigbts atid obligatiQris U11de;·thlsE;isement , Agree~eiit jlfe sold or otherwise conveyed to. Trims\t;e!jter.riHarires(L4~.~ L.L.9:, t\,S successors arid.;issigns ("Transwestern"), Grant~'s <?liligatioJlS re~4ifig envit¢nm¢htal' matte:fs under the Agreement of Purchase and Sale'im.d Joint'Esc;row :tiistfuctio.ns gated as of No\lffllbet2~, 20()4 by and between Grantee and Trans\ve,stem,(th~"Agte~(') (including anJ e:xhiblts thereto) shall be applicable to the Easement Area. Except i!ui provided iJi the Agr=nent {fucluging any exhtbits thereto), Grantor shall, and hbt:e:~ d,oes/release: Grantee ,from iiny aJl(1 all .~.of any kind or nature, known or unknown, liqU'jdated:.br u,tiliquidated, / whatsoey.er rel!iting to the ccmdition of the Easement Area, including c~ rela,ting to or ···., ;uising''fu any ~ay out.of the presence on the area of the easement granted herein or in or -wit)iin the EilseinenfArea o6my c;h~cals, contaminants, hazardous materials or dangerous wastes"'O'fanykind'iv~oeyer,/ · ./ 9. Notices. Notices requlr~ to be '~g,,~der this Jiaseinem Agreement shall be personally served or sent by U.S. mail:,. Any"n<itii:e giveirby hand shaµbe deemed given when delivered and any notice sent by mail s~ be .di:en.ied to have been receivgl when three days have elapsed from the time such notice was deposited in ili.e lJ;S. mail, postage prepaid, and addressed as follows: · "" ·· · · ToGrantor: . . . The Boeing C<itilpaily . ,· M/S2R-79 .. P.O. Box 3707 Seattle, WA 98124-2207 Attn: Director of Real Estate TEMPO!lARY STORMWA!!lRFACillTY l!ASF.MEN! AGREEMENT [03003-0JOS.000000/SB043350.036] P~l. 1212:l/04·' With a copy to: Gerald L. Bresslour Office of the General Counsel The Boeing Company WC 13-08 P.O. Box 3707 ~attle, WA 98124 ' 3''Th# Ir~eipgCoµipany WS''ZR•79 / ,, With a copy to: .. /· r¢,.i3ox 310'1, i /Seattle, WA,· !l.8124~2207 i Attn: Direit~6£Real Estate ., ,. ,·-···/ . ~rakfL. Bressfowv · ·, Office o(tb.e ~al Cowis~ ·Th~Boeing .. ~··· MfC 13-08.C .. P.o. :sox.3101 . Seattle, WA 9$124" Eithe,'~arty ~:ytjiange the address to which ~dtices'~be~ivenby'gWifig rulticlas,iibove proyided._i'' ·· ·· · · · · 10, 'title i ·.·· Thld~ graiifedhr:rein are subject to permits, leases, licensd arid ~~nts, if any, / heretofore granted by Grantilr affecting the Easement Area Grantor does ifot warrant title to its property ,lli!d~rio(be 1/able for defects thereto or failure thereof ',,' 11: "covenimu{R~llUlg with ~e :tllJld/Successors and Assigns ,. . ,' ,· .. The t~ and ~ollf·~ftfui &s~ Agreement shall be covenants running with the land, and shalfburden l!,iid l:ienefit Gi'anti>r, Gramee,and their respective successors and assigns in interest of the S~ Bs\(lte and t1,e Dominifut ~ate, respectively. 12. No Tennination ofPriorU'ibjlity /' No termination of this Easemeni Agre~~~~ release Gratifee fr9m any liability or obligation with respect to any matter occurriiii prior to such teiinination. .. ,, . .. .,· . . 13, Attorneys' Fees In the event either party brings a legal action agains{ the oth6-pah5, to ~;;,ce fts .. rights hereunder, the substantially prevailing party shall be eniiiledto r¢ceive iefuibursemimt .. ·• . :: . TEMl'OBAR.Y STORMWATERPACIUTYEABEMENT ACJRI!BMBNT I03003-0IOS-000000/SB043350.036J PAQl!4 °' [;1123/04, /frQ!ll the other party of such prevailing party's costs incurred in such legal action (including ··· t)ie costs_ of appeal), including the reasonable fees and disbursement of the pl'eVlll"Jing party's jlttortreys, lll addition to all other rights and remedies available to the prevailing party at law or .• · in jl(}uity. l 4, .·•· Nol~fe~er ~fEstates / " " . .. Th~ CBJ~t gi~a'bei;eii{~11.pt extinguish or terminate by operation of the d\ictririe of merger or othi;rwise dµe t\)'"tbe eipstmg or future coIIllilOn ownership of the real prcipertydescq"bedhc;rein/ ,._.,//"" ,...,//" '·,. 15. Corilp}!cte-Agrl,ieme~t This Basemen~ A~eem!lht cgtrtaip; th/ enµre agreement oftlie parties with respect to this subject matter and supersedes l!ll prior of eoiltempo~eous -~ or discussions relating to the easement prorided .for i,:erein: This ~ ~eriient may not be amended except by a written document ex~cutM alttll,'the .date hereof by th~ duly authorized representati= of Grantor and Grante;:., Tlµs E<isement Agreem¢nt i9ch1q~ EXIDBITS A, B and C, y.tbich by this reference are incolJlorated mto this Eas~t Agreemenf. " 16. ·· Choi~ofLaw ':. ·· ... ,,,.,.., ... ·.,,., . ~ ~einent Agreement shall be governed by the la,;v of \fie§°tate 1:i'f\yasbii:igton, exclusive of.its choice of law rules. . ····· . . ··=--.. ,..,, .. ,•-_:. [The r_emalnder of this page is intentionally left blqnk. J i TEMPORARY STORMWATERFAC!Ll1Y BASl'MENT AGRl!EMENT (03003.-0IOS.-OOOOOO/SB0433S0.036] );'.Aiil!~ _i2123~ ••. .••·.. IN WITNESS WHEREOF, the parties have executed this Easement Agrccmcnt as of i the date first above written. Grantor: THE BOEING COMP ANY, a Delaware corporation, in its capacity as the owner of the land dcscribcd in EXHIBIT A ""' ;QJJJIJ ~·· <'' B~,/>,i · J~: Aiithorized Signatory '·':,· . ·• ::"' _;'" /cnbltee: / ' ··· .. , JHil BQlilNG CO~Al\N, .. a~ware corporation, in its' capiu:ifyl!S the ov¢er lifthe lattil.descJibj:din ~JI/~/ Its: Authorized Signatory TEMPORARYSTORMWATERFAC!Un'llASEMENT AGREl!Ml!N! (03003.CJIOl.000000/SB0433l0.036] P,'OR~, l.U2310f .S'I:ATE OF WASHINGTON ) i.colMYOF ~ ~ ss . . ·• ·.· .• On~~/'.~y of flu_. 200£ before me, the undeniigned, a Notarj, Publi<dn and fur the State,ofWi · n, duly comnissioned and sworn, personally app~fu.e4 ·· ·. · ' to me known to be the pei-!ionwhosiJiledits -,, ' ~ ofTHEBOBINGCOMPANY, tile. corpqratil)Il th,;it ~ the}v.#¥1 and. rJl~oing · , and admowledged said insttumeiit to be the ij'ee ~d vplµi)tary act·afuldei!d of said corporation for the uses and purposes tl,,erein. IIl!ffliion\:d, :mil Op oath i_tated1:liat ~was duly elected, qualified and acting as said oftker of the ccirpOllitiO!J, tfu!t~ was authorized to execute said instrument and that th~ seid affixed, if:atty(is tpe corporate seal of ~aid corporation. IN WITNESS WHEREOFlha~ rui~to set niyJiand aµd pfficial seal the day and year first above written. ·· · · · · ' (Print or stamp ~ ~(Notary) .< / NOTARY PUBLIC iffaiid ~.· ,,· ,··~ St\ite of Washington, residing at. ,· ~2 i(}(L My appointment expires: Fl!{-tf&i; . TEMPORARY STORMWATERFACILlTYEASJlMl!N'[ AOREEMENT [03003-0t05-000000J\!B0433SO.O'.l6] PAG1!7 1'.lt.!mf STATE OF WASIDNGTON ) ,·C~~OF ~ ~ss . . ·· ,: · On tllis ji~y of /l.u.. · , 20oi before me, the undersigned, a 1'l'otacy Pq.bliQfu . the Stl$l·ofW; on, duly commissioned and sworn, personally ippeMed ·· · · · to me known to be the .. ,·.' person :Whi> signed ;is of THE BOEING COMP ANY, th~.corpotati4 th/ll ~ the'~tJim and. ~80ing . and acknowledged said ~ to botite fyee ¢d v~ act a6~&ed. of said corporation for the uses and . purposes ~ein m¢tioJ]'ed, ~d oil oath ~~M:&vwas duly elected, qualified and acting as said officer of the corporation, tlia(· was authorized to execute said instrument and that thi seal affixed, if'.ruiy, is tile corporate seal of said corporation. : . __ .... ,,,,,, ·' ··----AR" ,, ,· ;, \--"St:> '1 . -'.,;\, ......... ~ ,, ·• ,:-r,o't',,·~s\ON j•,, 1',... 11 ·.' ~;:; .·~ 'I;.;'•,~, ,· 1 o/[t\-1bTARi, i\ 1l ~ ·' ~ ••. o -(/)' ~ ,;, ·: • ·' ·: • I r : .. "'·-uc : ~ .'J~/'1.;10 .·: .• ,,~-··~·· ,, ._., •. . ·· .... r~19.rs~...-. .:' , 'r ";:, .... _._. .: ·. .. ,,, y,-\\( . ;;_.;- •; ,,_,,,.. ,,~,,, ......... ---".:.- TEMl'ORARY STOIWW ATl!R FACILITY EASl!MENT AORl!l!MENT [030()3,()10S.OOOOOO/SB043350.036J Pl<OE~ 1$m!O{ EXHIBIT A Legal Description of Servient Estate . ,• . ' .. · Lens! ANO 4,BOEING LAiq!SJIORE LANDING, A BINDING srrE PLAN, RECX)RPBD l}llfQER llES8ID>IN9 NO. 20041223000856 . . / s1tuAtSINfff?CI'fi:':6F ~oN;coµmv oF KING, STATE OF WASBINGTON/ . ., i ;'···»' > APN: 0823059079 BXHIBIT A TO Tl!Ml'OllARYSTORMWATERFACIUTYl!ABEMBNT AGREEMl!NT [03003-0105-000000/SB0433S0.036] P/iOE!l 1~3/04;.' EXHIBITB Legal Description ofDominant Estate l.ANp° SiltJATED1N THE STATE OF WASHINGTON, COUNTY OF KING, DESCRIBED AS FOLLOWS·/ " •. i .. i . THAT~;;TIQl-!/>F ~Hi{if\ST'l'11,LF OF SECTION 7' TOWNSHIP 23 . · .... i NORTH, .RANGE:S EAS;F,;W.M., LYING EASTERLY OF THE CEDAR RIVERWAT,BRWA):"NJJ. 2 All!I>'NpRfHERLY OF NORTH 6TH STIUlET J+l(THE SQUTH!,!ASTJ;lU,Y'QUARTER OF SAID SECTION; LESStHAT~ORTiONFORNOR'fm,RN'PACIFICRAILWAY RIGHT-OF-WAY/LESS STJmEtS; / ·,· ' .. .. .,· TOGETHER WITH VACirEri LOGAN ST.REBT L YJNQ;' NORTHWESTERLY 0:1:A I;INE 30F1IElf N'OR11I\YESrERL Y OF THE GOVERNMENT MEANDER LINE; TOGETHER WlTHSECOND CLASS SHORE LANDS ADJACENT' i . .· . .· ,.. .. ·' ':'., ) ;. •', .... ··... ,:· : ,,· -..... AND TOGETHER WITH THAT PORTION OF THESOUTHEAST\ i QUAR'i'BR OF THE SOUTHEAST quARTiiROF SAIP saf;:TibN;a . BEGINNING AT THE SOUTH MARGIN OF NORTH6TH STREEj AND i THE:M}.RGIN OF LOGAN STREET NORTH;T,RENCESO't)THElU,'Y / .ALONG SAID STREET 995.34 FEET; THENCE SOQTH'89°18'45" WEST /TO THE.EASTERLY MARGIN OF CEDAR RNBR WATER WAYNO: 2; Tl:IBNCB NORTH ALONG SAID MARGIN TO THE SOUTH MAitGIN OF .. NOR'r,EI.6TH STREET; THENCE EAST TO THE POINT OF l3B(JINNING; LESfI1iA.'I.:,-PQRTION BEGINNING AT THE NORTHWEST CORNER E:!1~~4s1:~~J~=~::~~~.~~6~~;T; THENCE NORTH 00°14'.15 1'. WEST TO THE SOUTHERLY MARGIN OF NOR TR 6TH s.ri.BBT;'TH8NCB WEST TO THE POINT OF BEGINNING LESS TIIB·SOUT.H rf,.10 FEBTTHl:lREQF; TOGETHER WITH PORTION OF THE NORTI.IWEST QUARTER OF SECTION 8, TOWNSIIlP 23 N(),RTH, RANGE 5-EAST ANDTHI;! SOUTHEAST QUARTER OF SECTION{ 1.'0\VNSHIP 2~'NORTij, M,NGE 5 EAST AND THE SOUTIIWEST QVARTEROF SEC'TION 5, TOWNSHIP 23 NORTH, RANGE 5 EAST, L'\'ING}:\l'OR:tffWESTERLY OF°THE :~::~~g~~~~=~r:.r~TER!>BCTION. OF THE WESTERLY EXTENSION OF 1$ NORTHLINB OF/ . . GOVERNMENT LOT I WITH THE WEST MARGINSAfi) IUGHT ,OF,- WAY; THENCE WEST 763.39 FEET; THBNCENQRTH 43~06'56',tWEST •' .. -... I!XIIIBIT B TO TBMPORARY STORMW ATERFACJUTY llA8EMl!NT AGRlll!Ml!NT [03003-010S-000000/SB0433S0.036] PAOJUO 1;v:isio4 680.06 FEET MORE OR LESS TO THE INNER HARBOR LlNE; THENCE SOUTH 46°52'27" WEST AWNG SAID LlNE 607.89 FEET TO THE 'TRUE POINT OF BEGINNING; THENCE SOUTH 43°06'56" EAST 713.87 FEET; THENCE SOUTH 46°53'04 WEST 215 FEET; THENCE SOUTH20~38'24" WEST TO THE NORTHWESTERLY MARGJN OF SA!D'NORTHBRN PACIFl:CRIGHT-OF-WAY; LESS BURLINGTON NClRT!pi~ OP~'fING,STRIP ADJACENT AND PORTION OF THE SOUTHEASTERLY LINE'OF SAID SECTION 08°23'05" EAST; LESS ROAP NO: 7; t'OG~WITH yAf:;ATED LOGAN STREET LYING NORTHERLY OF' SPW(tllACJ{S{TOGlffHER WITH BLOCK "C" LAKE WASHINGTONSHORELANI>it3Jfu.s'i.1PPLEMBNTAL. . ,,.·' ·• .. .. ,. -· •. APN: 0723059001 EXHIBIT B 10 TEMPORARY STORMWATERFACIIlTYl!.ASEMl!NT AORl!l!MllNT [03003--0105.000000ISB043350.036] PAOB.11 :i::im/64 EXHIBITC Legal Description of Easement Area S'I'QRM DRAIN EASEMENT .,·· .... (' ALVTHA.'fC.E!RTl\lN )'llOl'ER'.[)f'SITUATE IN THE CITY OF RENTON, COUNTY OF < KING, STATE OFWA,SIDNGTON, LYlNG;,WITHIN LOTS I AND 4 OF BOEING LAKESH-ORE UNI>lNO:'BIND}N(fSITB J>LAN, ACCORDING TO THE BINDING SITE PLAN RECOlU)ED UNDE:R REC6RPINGNO. 20041223000856, RECORDS OF KING COON'I.'Y •. WASl:IINOTON, ANP''A,UlOL YING WITHIN THE NORTHWEST QUARTER o:iiSBCTION .s, TOWN$ffll> .. 23 NORTH, RANGE 5 EAST, w.M., BEING STRIPS OF LAND 10 FEET IN wuirHj L YiNG.5-FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CEN11,}¢1NBS:,/0 ·,.,, ' ' coMMENcING AT THE \VEST QUAJrrER co~1voRsAID sEcnoN, BEING A 4" X 4" CONCRETE MONUMENTwttHA COPPERTACK, THENCE S89°28'22"E ALONG THE SOUTH LINE OF SAIDNORTifWEST QUJ\RTERA DISTANCE OF t43.57FBE1\ · ·.. · ·· · •.... ,.-, · · THBNCEN00°S2.'s3"E A DISTANCE OF 9.4~.FBET :ro A POINT ON nm souw PR6PE;'ITLINI;! OF SAID LOT 4 AND THE TRUEPOIN'.1' OfBjG~G/ TIIEr-.!C:E F.ROM:SAID TRUE POINT OF BEGINNING N06"52'.5~"B A l)iSTANCE OF /24.7(5 FEET TOA POIN1' HEREINAFTER REFERRED TO AS POINT 'A'; .. -· i ·: ,.· ··. ··:,· THENCE CO'NTINlJING N00°52'53"E A DISTANCE OF 164.26 FEET TOA POINT H'.EREINAFTBR Rli'FE~D TP~ POINT 'B' . . , ... ___ .,. •. .-.· ; ·' _,. ··-·. THENCE C01'ITJN:uiNG,;i-j00°5fr'5?"E A DJS TAN CE OF 131.54 FEET TO A POINT HEREINAFTER REFEllR.BD TO AS POINT'C'; ;_·,,. ,,,,' ; -:' ···:: .. ,... .: ·,' THENCE coNTINUING'No&s2•s3"E ADISTANC!lOF 128.91 FEET TO A POINT HEREINAFTER REFERRED fo·~ POINI' 'D\' ' THENCE CONTINUING N00 652'53"E A DISTANCE OF 150:38 FEET; ·.-.,,._, .. THENCE N35°25'56"E A D1STANCEOF_1~1.4ti ~ET;i THENCE N59°22'54"E A DISTANCE OF 6,(53 1<')3~T;/ THENCE Nl8°25'38"EA DISTANCE OF 192.20 FEET;/ EXHIBIT C TO TEMPORAR.Y S!ORMWATERFAC!LlIY BASEMENT AClRl!EMENT [03003.0IOS.OOOOOO/SB0433S0.036] :" PA!JBll, lt/n/04:' ·:· •. ··,·~ .. .............. THENCE N46°04'38"E A DISTANCE OF 248.45 FEET TO A POINT ON THE WEST PR.Ol'ERTY LINE OF SAID LOT I AND THE TERMINUS OF TIIlS EASEMENT CENTl:ffiLINE DESCRIPTION. :· . ·: . ... AiscfBEGIN~G AT A POINT 'A', THENCE S88°50'35''E A DISTANCE OF 73.51 :FEE'J;TQTlffi TERMINUS 0,.FTH):S EASEMENT CENTERLINE DESCRIPTION . i .. / ALSO BEGJNNillic AT.fOINr.1N'. TIJEN.CE Nss0 so'3S"W A DISTANCE OF 54.7s . FBBTT0mE TJiRM!Nus OF'fHl~·EAS:$M;ENT CENTERLINE DESCRIPTION. ALSO sE(;INNiN¢'A1;oJNt'.~::·TI~~, ~s9•01·so"w A DISTANCE OF 35.04 FBBT TO fim.TERMJNUtOF 'fHIS E\ASE¥EN'f CENTERLINE DESCRIPTION. :· :: .-: :: ..... t ._. ·•: ALSO BEGINNINGAT.~Oil'IT 'C~'T$NC~ S88~3~'52"W A PISTANCE OF 28.50 FEET TO THE TERMINUS ()F THIS.BASEMENT CENTEIUiNiiDESCRIPTION. ALSO BEGINNlNG AT POINT'D; TlffiNCE S'87°49'0$"WA PISTANCE OF 20.50 FEET TO THE TERMINUS OF TFiIS BASEMENT CENTfiRLINEDESCRIPTION. ; ' ·' .,'·: .. THE SIDELINES OF SAID 10.00 FOOT WU)E 0 BA.SEMENTAiiB,TO·BE ~ROL0N$BD OR FORBSHdR,TENED AT THEIR TERMmIANti ANGLE rooos So J\S r6 ~ COl>l'TIGTJQUS WITH THEMSELVES AND WITH '.l'HBBOUN!J.MY Ol<SAlD ~T 4. c:()NT.fINS/14,497 SQUARE FEET+/-. EXHIBIT C TO Tl!MPORARY STORMWATE.R FACII.J1'Y 1!ASEMF.NT AGREEMENT [03003-0105-000000/SB0433S0.035] •' ri\iiiih ~2123/0f I I I i I .,,.. ., .I NB9'01'S0';W .. ......... JS. 0-f, t-· _.:· :. __ 5• - 'OE/NC'; ._AKESH()RE LANDING . 8/ND/r,/(; S(Tc Pt.AN POINT· 'B' LINE LI L2 L:J ,i NQQ'S2.$,3"(. . it4,,~· . -~OIN~ •A• . L:J UN£ TAIILE LENG1H BEN/ING 9.49 24.16 7J.51 /U,75 SCALE: 1" = 100• NORTH 8TH ST._ 7 <LJ~L.S;.8;;9'Z;;;;8;2;:;;'J;;E;._::-~ ~~=::::::::,·z.'"'" -..:._, S LINE NW.i/4 SECT. 8-.U--5-- 1"3.57' POINT or litGINNING_. · · .. · · .-· · '· .. -------:· -- EXH/81 T •ai ' PROPOSED STORM DRAIN EAS/!MEf:I T I I NJ52!t5fi'E:. 161.46' . NDO'S2'53"E 150.38' - -----:----.....-- ~ -•- 1 St A Li J •··• 1po' E:XHIBIT '8' / . ' / PROPOSED STORM DRAIN E:ASE:MENT .. Offu:e pf~:~iii'~ei FIRST AMERICAN EAS 32 00 the Bi.eing'qiinpany . r~91x,10g: T110s . c":M/C.-i3-08 .i ... KING COUNTY, UA P.QCB01t3?07 / / Sea!tle/W A 98124 ,/ Attn: Geta!d :L.Bl"ess!Qilr Document Title(s) (or trl!risactions cmitained ~~): / Watez Line Easement ~eenzkt Reference Number(•) of DocumeiltB aisig,ied ~r released!' (onpage_ofdocumcnts(s)) ····· ·· ·· · ·· Grantf!f(s) ~ name first, 1hcn first ruunc and ini¥5): The ~g em,;~l!llY " . o.Additjo~al IWll~ on page _ or docm:ncot. .-1S'I AM-S ;.' .-.· _, ..... ·"·····:-. frant~s) ~ nafue first, thcu first ruune and initials): ·· · The Bi>eing Comp!llly ' peputy 0 ~6naln,•~~-;;,,page_._ ofdocument. · Leg,,) descr!l)tl~ (abi,t~ted: ).e. lot, block, plat or section, township, range) Ptii Ofl"1d; Bacing-~oref_andmg;'AFN 20041223000856, NW 'I. S8 T23N R5E [Kl Full legalis oJ·pai;--2t:(dOC111J1Cllt. ·· .. ·. ,_• .... ,,,·· ··.'. Assessor', Prop~tty __ T~P~t~~nt'~~-b-# 0823059011 . ·,,. .. : : ... " . [03003-010S-OOOOOO/SB043360.318] WATER LlNE EASEMENT AGREEMENT ... i )TillS WAWR LINE EASEMENT AGREE¥EN'f (this ''Easement Agreement'') is made Jind en~ intol!S ofl},;•eroor,& 2$ , 200 _!l by and between THE BOEING COMPANY, a Q~arc cq.i:poration{l!S the owner of the rand described in EXlilBIT A ("Qtantor), aild THE B.0.:SING ~'MP~. a Delaware corporation, as the owner of the land dQsCf'loed in EXH!Bll B ("Orant~"). / ; . · .. -: . :_; .. ,/ ./ ,: .-t .,···-~-~-{ ·' ·· .. /'< Rii9It",Vl.S: A. lliantoiis th~ ownfu-ofthMberiain parcel of land located within the City of Renton (the "City''), !Q~at~d soi,ithe~ oftak¢'W4!Shingt:on and w!l5t ofl-405 and coDmJOnly known as Boeing Lakeshbre L;inding (the "Servient Estate) as d,escr,ibed in EXHIBIT A attached hereto. · · · ·· · ' B. Grantee is the owner hf.I~ ;tdjaOent to th~ S~t ~<:. to the west and south (tlle.''Dominant Estate") as descnbed m E~IT Bittac:iieq.:li.ereto> · iC. Grantee and the City have enteiedm.Wth;it ce.rtaitiA~;em¢nt $d J.;ic~~ for Fire Mainh:l~e, recorded under Recording No. 91060.60988 .. / . . .. r>. • •.• ~ Servient Estate contains certain unde;~ouJ~ w.rtefk~~ed tq~ovide fueflo}f, in4uding a water line located in the southwest portion oftheServient Estate (the /'Wat6-Lipe'') ~fiting $e Dominant Estate. Grantee wishes to obti\itl.and Graiitor is .. ·•· willifig.tei graq{1,1i'exclusiveperpetual easement over, under, across ancfthri:,ugh the portion 'of the Servillrit Estat.e1i:gallydescnbed and depicted on BXIIlBIT C attached'hereto and incorp9r_ated hi:reitl (the"E~~AJ:ea") for the Water Line. •' •' . ... .. ... ,• AG:ru;:.EMENT NOW, THEREtoifu lbr and k{orisid;atio)l of the sum of One Dollar ($1.00) and other valuable consideration, tii\l i;eceipt and sufficitjJcy.pfwhich is hereby acknowledged, Grantorhereby grants, decbµ-es;~es~andconyeys ro ~' and its successors and assigns in title to the Dotninant~e, the ~t to retain the Water Line and an exclusive perpetual easement over, under, across and thwugh the.Jlasement Area, subject to and conditioned upon the following terms, c.onditions arid ciivejiants which-Grantee hereby promises to faithfully and fully observe andf>,eifocit • · ., · WATl!RUNl!J!ASEMBNT AGJ.UlBMBNT [03003-010S-OOOOOO/SB043360.318] p£oift 1:imro.i' ' :1. Purpose Gnm,tee sball have the right to retain the Water Line in the Easement Area and the :right-ofacc¢ss, ingress and egress over, under, across and through the Easement Area for the . plltpo~ ofus~g; o~ating, repairing, replacing and maintaining the Water Line. 2. Cii¢p~e~ with L.IJ'i{an~;Rules ,,, . ., ( Grantee sh,a.11 at. allpmes 6.;ercjsf its n_g;ts herein in accordance with the requirements ( as from time to .. fu \lffiC!laed) o(.mY pupli¢' aµlliqrity having jurisdiction and all applicable statutes, orp.ers, rulc;s' anif re~ns. · 3. Grantee's UseandActivlties./·• Grantee shall ~etcise ~-rig)its ¢dtl!'tllis E;~t Agr~t so as to minimize, and avoid if reasonably possible, ll)terfieni;:e with Grantor's use of thd l;llisernent Area •·. ·' •' .. •: ,.•' •.·. :. ;:·.·. 4. Grantor's Use of the E;~tAr~~ ..&'~r reserves the right to use the Eas~rit~~for·~y~µrpo~e ·riQt inco~~t with the rights ~ein granted; provided, that ~gr~ludl noten;ct,.c6~ct pr nftiiot.a'in any structuiys or building improvements in the Easeme11,t A!Jla. :·· . . . i . . . . ' . .. 5./ G~tor's'Covenants .. •. . . .. · ~tor c6~nants. with Grantee that it shall not disturb or ;~ the W atet Line, or tap < into ·tli!e.:WaterJJne, or disfqpt the Water Line's service to Grantee or refo!;iite the Water ··. · .. Line. Grant9r further cuveniints with Grantee that it shall not grant, declare; f$erve or c6n.yey any·futo.re ~enient fu. tht:.~ement Area to any other person. '•',··,,,r••' • ,• •' . ·' •' 6. Indel11ll.ify .. ,/ Each paity(~·"Ind~Piihy1) shlill h9ld the other (the "Indemnified Party") harmless from and against imy lllld,, all claims Cl!' liabi)ify for bodily injury to or death of any person or loss of or damage to aey·prope.fty arising'outbf.~ Indenmifying Party's use of the Easement Area or from any ru:pvity,"ivork of thing done, .~ted or suffered by the Indemnifying Party, its employees; agerits, ci:mtractoii or invitees iii or about the Easement Area, except claimi and liabilities to th~ exteiiicaw,ed by llJ'lYnpgligrince or willful misconduct on the part of the Indenmified Party, its agents; en;iployees; contractors or Invitees. ,·. .-:· :· :: ... ,·.,. -· 7. Abandonment The rights herein granted shall continue until ~~ch tj'me ~ Oi~t6~·'gms 4iliety(99) • days prior written notice to Grantor of Grantee's intention to IUlal).dont.h;e eai;ettieht d~sc;ribed.· · in this Easement Agreement, in which event this Basement Agreetnel!t shall il.ut()lriatj#ally ··· · WATER LJNE EASEMENT AGREEMENT [03003-0105-000000/SB043360.318] PAoE:i !2123/Df \ terminate without an amendment to this Basement Agreement and all rights hereunder shall / reveitto Grantor. 8. Termination of Easement ----------· Up6n th~ ~tion of.the~i,!Sement granted herein, Grantee shall have the right to furn civer to Grantor thc:W at er tine iii its "AS IS" condition, and Grantee shall have no '. •• obliiati<iufu rc:fuov:¢ any uridi:rgr~ uµlityJines, equipment or appurtenances from the Easement Are.a coveredby,the eas~, nor to perform any cleanup, restoration or r~o.n tci the ~t Arei.JQi!ucllng,rihd)'lt limitation any cleanup or remediation of any contamination ofihe, ~oil of ii*,undwa.~r it!, ... 9fi or under the Easement Area, provided, however, th.itinthl: ev~t that Gcyltor's rlglitsand obligations under this Easement Agreement are sold ototh~e£onveyedfo Ttanswestern Harvest Lakeshore L.L.C., its successors and assigns("'franswestern"),,Grantee:'.s-oblig.itions r~g environmental matters under the Agreement of Purchase an,d Saie and Jofu.t Escri:r11vJnstructions dated as of November 23, 2004 by and b6twe!lil Qian.tee ;ihd T~estern{th~ ''Agreement") (includiog any exhibits thereto) shall be applicable tq·the E~t'Aj;ea.,. Ex¢ept as provided in the Agreement (including any exhibits ther~), Gran.for shall, ~ hetebydodil;r~lease Gnuitee from any iin4 all claims of any kind or nature;,knci'wh or.unlpJmyh, llipri~ed 6!'. unli(!Jlidated, whatsoever relating to the condition of the ElisQllCDt Ar~ including c'.hiinii r~fo of arising in a,:iy way out of the presence on the area· bf the ,6asemeI!f°P1ed her~ ot in p'~ within theE~emept Area of any chemicals, contaminants, ¥za¢ous-materials o~ dangerous wastes ofanykind'whatsoever. 9'. iNoti,ces < ·Nritice,9 ryquire~ to be in writing under this Easement Agreement shiill J# personally se.ved or sep!4}> u.~·:· iri;iil. Any notice given by hand shall be deemed given when delivered and any. notice ientby n;iail $all 1,e-aeen;,.ed to have been received when three days have elapsed from tb,e tune $iich .notice was dtiposited in the U.S. mail, postage prepaid, and addressed as f0Uow1i':· · ' ·' _. · · To Grantor: ···· With a copy to: ~ Bo~ ~mpkny? . . MIS'2R-79 ...-..,' .' .·: \P.O. B.oic }707.i / .. •· •. · seauf, WA 9s12.i.2201 .·· Attn: Ditecto/ofR.eal E~~te ..• Gerald L. Br~siour< ..• · i Office of the ~i:rhl Co~el The Boeing Company · MIC 13-08 P.O. Box 3707 Seattle, WA 98124 WATRR UNE BASEMENT AORBl!MENT (0300l-Ol0S-OOOOOOISB043360.3l8) pAf!ii:f 11/23/1)4 To Grantee: WI$ a cs,py•to: ·.·. The Boeing Company MIS 2R-79 P.O. Box3707 Seattle, WA 98124-2207 Attn: Director of Real Estate /,· , ·, Geraldi.. Bresslour ' 'omclofthc General Counsel The,~q~g C~y M/C.,13-08 /"'"° r · )'.o'.-Jlox37,{l~-·· .... . : Seattle, WA $18'124 .. .. ... ~.' _; •' Either party may chang;t:; th~ ad.:ifessj6 'Yhich.rioiiceii'inay be gjvep'~ giving notice as above provided. ··· · · ·· · · 10. Title The rights granted herein are sul:i}ect to~' leaiis, \ken$~ and eiisemen~;"kany, heretofore grl!D.ted by Grantor affecting the ~ement kea. Giantoi does jJot wa!'l"llht tifie to its prQperfy and $all not be liable for defects thd'eto'or jaiJur¢ thereof.· .... • . ... ·.. .. ; : 11 .. · C6ve~anti Ronning with the Land/Successors aiid ~si~,) i,r ,'The L,,•~d conditions of this Easement Agr=nt sllllllbej:ov¢llarits rifuning with the lllfid, and sh\ill ~utden m.d benefit Granter, Grantee and their respe6tive :iuccessors and i assigils-in interest of the Servient Estate and the Dominant Estate, respectively,/ :, .:· .-. .-··':. .. . •' 11; .~9 t~iio~or Jinor Lial:i/lity No ~iio1{~f ~ ~c;mi:nt Agr~t shall release Grantee from any liability or obligation with r~ t9·il!ly matter b~pii.or to such termination. . ,· .,,.i,: ···~. 13. Attorneys' Fees In the event either partybrin,gil aJ~gajacti9ri against th¢ othc;r party to enforce its rights hereunder, the substantially.prevailing p~ shall be entitled to.receive reimbursement from the other party of such prevailing party's costs•inciirredm such legal action (including the costs of appeal), including the reasoriablcdbes 1111.d,disb)irseiµent _11.f the pi:evailing party's attorneys, in addition to all other rights and r~ine,dlesavailibfoto the pteva~ parfy: at law or in equity. · · · · ·· · ·· WATERUNEEASEMENT AORlll!Ml!NT [03003-0 l Ol-000000/SB043360.3 l SJ PA~'t: 1ih3ro4/ ~. ' ... 14,, No Merger of Estates :'::·n.e:easement granted herein shall not extinguish or terminate by operation of the doc;triu,e of i)lergcr or otherwise due to the existing or future common ownership of the real :· ·;,..,.;,., described, herein. J)l'.0,-w, y , ,' ,, 1s. :i G&~plet~ A,greemeny ... .. .. ,, ~· •' . . ",• / . This E!!Scmfuit ~t;ont:.um th¢ =.itire agreement of the parties with respect to tlrissu'bject mi@:ianqsu¢rsecle,';~jj'~rior,.QfC~n~oraneous writings or discussions relating to the eas~ ptovi¢c:d (or hcre11:1-Tlµs}l11sernent Agreement may not be amended except by a ~·docuinent execiited * thc;date hereof by the duly authorized representatives of Gran.tor !liid ~tef 'This ~ Agreement includes EXHIBITS A, B and C which by this refererice llf"e in".°rpqrateci'into this 1?asement.~t 16. Choice of Law This Easement~ shhllbegci~~ bytliilawofthe ~t.l,~ of Washington, excJusiveqfits choice of law rules. · · · · ·· · · · · · {The remainder of this pag'e is .£~tidmzlly left bldnis.] WATER LINE EASEMENT AO!tEEMENT [03003--0105--000000/SB043360.318] . ,·.,,, PA.QB{; 1:,/23/0(' ....... .. : : . IN WITNESS WHEREOF, the parties have executed this Easement Agreement as of ."the date first above written. WATERLINE!!ASEMENT AORl!HMBNT [03003-0l0S-000000/Sll043360.3 l8] Grantor: THE BOEING COMP ANY, a Delaware corporation in its capacity as the owner of the land descnbed in '~X!lJB"(!), . ~ . /''' By. .. ,J·jjj; ~-------- ., Itt.Autl;u)tized Signatory ·' ··i Grantee: ~i(~EI'fid-PJMP#\NY, a Delaware corporation ,~~St~ Its: Authorized $ignatocy ·· • ·· STATE OF WASHINGTON ) ,·cornhv QF ~ ~ ss. . . /"··,,On dim ~y of Q« -, 200£ before me, the ll!ldcrsigned, a ?fotary Publfo .. fu. for e Statiu1QV as · n, duly commissioned and sworn, personally ;ippeared' to me known to be the i• person whjj signed as of THE BOEING COMP ANY, . the cog,oiirtioii that ex~ed the''Vithin an .. rcgoing t, and acknowledged said instrument t.o ~ .. the. ~e arid V(llrlli. µ1fy aqlljld ,dee:. 9 ~t: s~d corporation for the uses and purposes tb!:rein mentim:icid, arid''on oatht~~ ~as duly elected, qualified and acting as said officer ofthe oorponttion1 .• i. ' . . was authorized to execute said instrument and that the· sealiaflixQd, ifaii.Y, is the corporate seal of said corporation. ~·""'•'• IN WITNESS WfIBR],QF rhavi heifu_nt~ set Dl}'!iand apd qlncial seal the day and year first above written. · · · · · · ' WATBRLINBEASl!Ml!NT AGREEMENT [03003.Q105.QODDOO/SB043360.313] -.~,~-a ... {SignatufyofNoitJ(~ i;i;-·~¢-hi 1·:· "ltrJ '.¥/'?C~j 'eY (Print or~ na.tne l>f'Notary) f .,·• . /' ' -· .. NOTAR_YPUBLI~~tH1~d~········· ~ ,,o/2 of Washington, residing at. . .·.· . ·· · , I:(/<.,<.._ My appointment expires: . / .. .. ~ . .. PAOB7 · 1wiol: J ' -~ STA:rE OF WASIDNGTON ) /¢6UNTIOF ~ ~ ss . • / .·. On tJiis &?:~ of {lee · , 200 £, before me, the undersigned, a Notary Publicfu and tor the StateofWashin on, duly commissioned and sworn, personally , ,appeared·· .. · .. · ·· tomeknowntobethe > / person ~ho signed.~ .· . of THE BOEING COMP ANY, thei c<>fPOi'ation ~ ex~ the 'rthiri and ; q:,;:oing . t, and acknowledged said instrument to. be the f\"ee. a,rid."9!~ act,ari·d·~. ;t ~ corporation for the uses and purposes therein m¢ioned, ¢d Oil. oath s"1ted . · was duly elected, qualified and acting as said officer of the c&poi:ttion, t,bat';.{Ae was authorized to execute said instrument and that ti¢ seal affix!l(I, ifariy, is the corporate seal of said corporation. IN WITNESS WHEREOF fhay6 hei:bunfu s~ mjiI.tand 6*~ ~lficial seal the day and year first above written. · · · ·· · · · ·· WATERLJNEEASEMENT AORllEMEN1 [03003-0lOS-OOOOOO/SB0-4336031!] .. '~ J}, \./ /~··/ ~~?t04171111 d;ct-~tl,;1 /;··,::~ /2rh d~ (Print or stanip mµne of"Notary) i i . .. . ,. . NOTAR:PUBLl?'.11~d~.· .... ··~. S~te of Washington, residing at .• · · ·· · J /cJ2-, My appointment expires: ~ . P¥/ll~,. IZ/l3104c' EXIDBITA Legal Description of Servient Estate :· :: :· LOT l; BOEINGLAKESHORE LANDING, A BINDING SITE PLAN, RECORDED .UNDER ~ORQINGNO. Z00412~3000856. /--<· ·•· ...•. srtuA'tE.IN THBcrrYi>F RBNfoN,COUNTY OF KJNG, STATE oF WA$HINGTON/. .. ··, .. / / APN: 08230590IJ,/ l!XHIBIT ATO WATI!RL!NERAS!!Ml!NT AGlll!EMl!NT (03003.() 105.000000/SB043360.318] f/\009. drn/04' EXIIlBITB Legal Description of Dominant Estate . . . •. LANI?Sfl'(JATEi:i'iNTHE ST,'\T~ OF WASHINGTON, COUNTY OF KING, DESCRIBED AS FOLLOWS:./ . ,· .. .. •' ;· .. • / THATPO~iTIQi{PF TJ$EA$'tH¥,F OF SECTION 7, TOWNSHIP 23 · .. · .. iNORTH, RANGE :S BASJ'>W'.M.,J,YING BASTERL Y OF THE CEDAR RIVER WATAR WAYNo': 2 ANPNOR1HERLY oF NORTH 6TH ST~T /NTIIB SQUUiEASTI>k,L)''<:[UARTER OF SAID SECTION; LESS THAT PORTlON FOR NORtHBRNPACIFIC RAILWAY RIGHT-OF-Wt\Y,LESSSTI.IBJ;TS; / TOGETHER WITH V.ACATBri LOGAN ~TR;mt L~G,' NORTHWESTERLY 0F'A UNJf30:FEET NQR1,'HWESTERL Y OF THE GOVERNMENT MEANDEitJ:JNB1 TOOETHEll w:irn'sECOND CLASS SHORE LANDS ADJACENT; • . . .. . . .. . . . . . . . .. ANDTOGETHER WITH THAT PORTION ()F tHE.S0l1TI{EAST \ ..• ·. QUARTER OF THE SOUTHEAST QUARTEROF SAID·SECTION; .. . i ~=C::b~6~~~:r~~R~~~~::J:rtJ~~/ ALoNG SAID STREET 995.34 FEET; THENCE SOOTH 89; 18'45" WEST i TO ±HE BASTERL Y MARGIN OF CEDAR RIVER WATER WAYNO; 2; .. ·. THENdi NORTH ALONG SAID MARGIN TO THE SOUTHMAllGl'N OF ..•. ·NORTH6TH STREET; THENCE BAST TO THE POINT OF BEtlJNNING; LESS THAT PORTION BEGINNING AT THE NORTHWEST CORNER . ·,.'.l'HERl!OE{TH;EN<::'.B S0UTHJ3ASTERL Y ALONG THE WBSTERL Y LINE 328.75 FEETT6 THENCE NORTH 89°45'45" EAST 366.34 FEET; THENCE NORTH 00°14'15''.,WBSTTO THE SOUTHERLY MARGIN OF NORTif6JH STREET/THEN¢; WEST TO THE POINT OF BEGINNING LESS THE SOUTH 13'7.70 FBETTHEREO'.F;TOGETHER \VITH PORTION OF THE NORTIIWEST QUARTER OF, SECTION 8, TOWNSHIP 23 NORTH, RANGE SEAST ANDTHB SOUTHEAST QUARTER OF SECTidN'.6, TO~SUIP 23 NORTH:;,RANGE 5 EAST AND THE SOUTHWEST QUAR.TE'llOF SECTION~, TciWNSHIP 23 NORTH, RANGE 5 BAST, L YINCFNORTHWESTEJU, Y OF THE NORTHERNPACIFICRAILWAY1UGHrcbF~WAY A¥ff ) .. SOUTHWESTERLY OF A LINE BEGIN1'1ING AT,•THE INTERSBCTION OF THE WESTERLY EXTENSION OF TllE NORTHLINB OF .... · GOVERNMENT LOT I WITH THE WEST MARCJIN S4ll) ~GHJ:.:{ig. . WAY; THENCE WEST 763.39 FEET; THENCE NORTH 43"D6'56!' WEST; . . ... .-. ,; EXIIIBITB TO WATBRLlNBl!ASEMENT AGJIBEMENT [03003-0 I OS-OOOOOOISB043360.3 !8] ···,,._~---·· PAel!'l~. 1.pz,10,: .• 680.06 FEET MORE OR LESS TO THE INNER HARBOR LINE; THENCE SOUTH 46°52'27" WEST ALONG SAID LINE 607.89 FEET TO THE " ·fRUB POINT OF BEGINNING; THENCE SOUTH 43°06'56" BAST 713.87 FEET; THENCE SOUTH 46°53'04 WEST 215 FEET; THENCE ~~::t~~~~g~;~~~~~!~:g~ ,•· NORTHERN OliBR,A.11NG STRIP ADJACENT AND PORTION OF THE SOUTHEASTIIJU;Y LINB'OF SAID SECTION 08°23'05" BAST; LESS ROADNOh; TOGETIIl!RWITH VACATED LOGAN STREET LYING NORTHBRLYOFSPlJ!t,TAA~,'TOGliTHER WITH BLOCK "C" LAKE WAfHilNGJONSH9RE ~3RD.~UPPLEMBNTAL. APN: 0723059001, EX!!!BIT B TOW ATER LINE EJ\SEMENT AGREEMENT [03003--0 !OS-OOOOOOISB043360.3 ! 8] ·'PA(ll!!l ' 1zibto4" EXHIBITC Legal Description of Easement Area .\YATER EASEMENT ', j\l,LTijAT. CERT4JN PR,OP~r¥~I11JATB IN THB CITY OF RENTON, COUNTY OF . ·.·. KING, STA.Tl,? OF:WASJ;(INGTON, I,Y1NG/W.ITIDN LOT 3 OF BOEING LAKESHORB LANDING BfrwiNG.SITll Pl.AN;ACql~ffeG TO Tiffi BINDING SITB PLAN RECORDED UNDER. RBCORO'.ING NO:, iOQ•Uf23000855, RECORDS OF KING COUNTY, WASlIINGTON/ANifALSOLYING WITHIN THB NORTHWEST QUARTER OF 0 SECTION 8, TOWNSHlP.23 NORTH, RANGE 5 EAST, W.M., BEING MORE PARTICULARL YDESCRil3BDAs f'OLLOWS: COMMENCING AT THE W[EisEC:T{01'/ OF fAlU(,<\.VE~UB'NORTH AND NORTH gm STREET AS SHOWN ONSAID.Bfll!I)ING SiTEl;'L4.N(I'lIBNCE S89°25'53"E ALONG THE CENTERLINE OF NO.RTH gm STREETA PISTANCE.OF 52.50 FEET; THENCBN00°56'42"E A DISTANCE OF 9:4.50.F.JIBT TO·A. PC>INT ON THE WEST PROPI;RTYI,INE OF SAID LOT 3 AND T.ijE TRUE POIN't Oil'BEGINNING;i ,/ THENCE FROM SAID TRUE POINT OF BEGINNING $89"03'18'!8.A DISTANCE OF 57.50 FEET; i / i " . . .. THl!'NCE'N0\)0 56'42"8 A DISTANCE OF 34.00 FEET; / ·•• •·• .a .. ·•· i , THENCE N8!1°03''18"W A DISTANCE OF 67.50 FEET TO APOINT ONSAID WEST PROPER:ntLINJ3; .. .. · .. • · !HENCE $00°~6'12''W'ALONG SAID WEST PROPBRTY LINE AD~STANCE OF 34.00 ·.· FEETXO THE'J'RUE POINT OF BEGINNING. CONTAINS.2,.295 SQUAR.E FEET+/,. ·,·.· ...• ,.-•' •' :: :. .:' ··:. EXH!B!T C TO WATER LINE F.ASP.MENT AGREEMENT [03003-0JOS-OOOOOO/SB043360318] • 1 --· ' .~:'':,:· ), . I_,,·· ..... ., .. ,, ____ BOEING LAKESHORE LANDING 5.Zi5' BINDING SITE: PLAN , , -~, -, 1-:·, '-', LOT J ' ' ····PROPosid··-WA1tRi- _:o,sEM£NT .·,_,..... . ' ' ,( _.·-·N.- .:'/-!;/' /- ,,. :· ., -I SCALE: 1" = JO' "'--------- EXHIBIT '8' PROPOSED WATER EASEMENT ' I ,. i " ;;: "FTER ltEC'OR1>NG RETt "'R' TO CITY OF llE" ,o,,; cm· CLEP..K ·s OFF1Cc ,oo MILL A\ 'Dol'E SOL TI! llB~. \lr"A~~:!119 • • • \ • 1 · ' 'I<_. 9612120l:5:5. ~ R-i crlcd ID QCJITm. cmJr ill ~ A ' J I 1llE B()EP.ffi COM:PA.,"Y. i ~iU'C oxpcqtia, •••• j.. -~ I , A~ ollillld ,Joqg hrk A"caue m Scmcm g_ T;,w.nq> 23 Norlh. fit-.: SUR_ v.· M. m Kiag c..a,. w..im,,m I.,,...._, ] ·~·s .f'nfa'tJ Ta htul /.\.(Cllillll Nlalta,:; I i I EJIS-91S:Z J D ASICDCII T.n. • D ~ .-pd ' ' I I· ' I • • 'ii==···· l , ! I I i II • .. \ ' • • • \ \,,• :,~·,. ";~;~1'1). ("I:,,.. ,'.,:11. ~.: ;·..:!.~ :.,. •.· ~rll ..... ,. the Lou."lt:y of J:.inq. St ate of ll&shi.n,;ton, aore partieularly iieJ.C:t"~ Ofl D:l.iliit A •tt.a.d,ed: hertt.c AM 1')' t.his referr.iee l. bi ea.se.e,n1: affect.int a ponioa of the Property for the plll"FOk of a!! e!.eet:ric:' transa.ics!Cll!! lil\e and, U\cidcntal ~s:"s in t'a.vo: o! tbe Cit:r of Se.r.trle Qic:h ins~nt was :r~ea on Dee-1te:r 27, HJ.a: wide: AlM!itor•• No. 2u,o:1a. 3. ~t.im:i b),· tlie State .:,! W.al:.i.ng'tcm o~ • di;h~ o! 1,cce:u to ,tate bi.9Jrway Ult! ,.it liijb::, .... 1"° ~ &.ir, by ~ea-ee enW~ Jime-z,, HU Dndler C&ae IIO. t:5iU7. i11vitecs. lice;i.~ and peniittcea ll SICne:r.elui-pcrpet.u.l. we:. lltftt. on!%', a«91.•. and under the Property •• follCJllfS; loeiDq shall b..-e ~ perpetual ~i~t to ~rate. -wtu.lli, .. - " ' "J ;; \ I I • • • • • ator111 sever presently on the !>ro;iert.y, t.og-e~-er vit!,. a:.:. ne.:cn .. u ... -y or c:c-nvan.ie.r1t. •ppurte.::i..u.~s w such Uol:t.cAt..G, d;u;:t 11:MS RWI:;:', to enable !lo9ing tg CJterciH .:..~ rights terel.lDd.e:-. The ~e~!"ip- t.:.on and. apprDXUIL&t.e loc:.atl.OA of si.M::i. &ba.ltae:J::itt, !eecli=r dvc-t. an;5 Tlli• ca11veya.nc:• b 11.&de unc,,er aM s\lbjeet. t.o the tollO<Ji~,; condi t,ion.5: 1. Tba Property sha.ll be ~ to viden tbe street· adj.eent to the Property with~ 20 yiurs &1~:r the 4.ltr of tbis Statl!tcry W.rra11.ty Deed; 4.Dd 2. Renton 1till assuiae ri=spon.si.bilHy !or videnihg the litreet adjacent to t.he Propetty, !.nclwl.i'"'i 1,1it.hcnl.t. lWtuiOl'I 4l1Y and all !..m;,,rove...ents or .:.p;,urte:wu,celii Z'elatcd. thereto. My suc'::I wide.nin~ o! tbe street Adj&ceJJt to the hc,perty, inelud.i119. 1oitho1,1:t lt.J.tatimi ui.y a.nd all 1-pt'OYellel:lt.a or &ppu.tCMUlce& related ~eto, sh.all b.-at. no cost. o: ~e to Boeing nor •h•ll aay coat or ,axpena.e tbueof or nhted. t.hareto be uaessK .a9ainn. 'tlw propecty abvtt.i.D9' U.. >r,:,perty. a.-tcio ak.11 ~J' al;. u.a cosu an4 npen .. a of .,...aq ~ nlocat..lrlf to Bod.Ai; 'a utbfaetlon tbe property and 1-p;roy-ta (DOV l.lx:«t.ad cni. the Property), the deceript.iozi a.DI! appros.h&t.e l.oe..t.ioa of vhlel-. are sbovn u niabers 3. 4, 7, 1, U a:.! 12 O.Q l:xbib1t P·,at~br_,d hereto .and by thi:&: n·f~ il:icorpc.rata! J;e:reiJi. Ke.Aton will al50 pr~e and -inbin r,edeltri-&n Ind vehicle c:rouing-~ccess fro.. oz:ie side of" the nreet .SjKCSat ti, tbe Property to thi!! otl',er side of 5och Etreet to • .. ~ Mot. less thUi Pre~t.ly e:tl5t.s .nd. Jtant.on vJ.ll. p&y all onts and ~· relat.1D9 to Sacb. pret,«:l:'V,1.tioa and -1.n~. _,_ ' - I • • • • • \ lf U:e P:ro?crty d::-111.1,y p.;,rt. tl-.e::-ea!. by th,e, ¥etio:: o: ' emission t.o act of Renton, or its suc-cesson or •s.signs. lS not after the date of this Statutory Warnmty Deed or the eo:>tHtions s'.:&ted in par•;raph 2 &~\'e illl! n:::it coapliri vith or •r• c>:.u.:- vise r.ot !ully satis!j_ed ~ fulfilled, tl'ten &oein9 s!\411 have the right to re-ariter the Pr'>;-erty ancl te~in&te any esta::.e, and to the Property, vithaat any co:n: or fi:rthe% liability on t.J>e part of ~ntoll. executed by its propec- hete-u~'.:o &!fixed this to be • 191'. Witness 'lll'f }wii,d and officid su.l her.to affi.xed-thl, 4ay f.nd ye~r first above written. _,_ I • • l , I ~-1 • • • \ ~ Nat 12 fM't. lfial INtbeclf Of ttla -..tel:ly p.roduct.1aa of the 80llthu'ly ript-of-Wf U. of •· ltll &tnet• !!!_ t2ae .. t. 1S t..i 1)'1.IIIJ JIIIXtbaclr of tr. ...,_.ly ~ of "'" _,._.._UM of a. ltb .._. of 'l:llo fol- daacr1Dalll a&1a Q"Kt.1 leg:INt .. at da iDteneot1oa of t:111 W'tb lJa, of ttle a 1/t of tM • 11• Of s.cum 1, ftp. 2J •~, 1111q. ~ z~, •·•·• wit:ii tM • ~ r,f tlla V liM of Put -.. ,. &I all:MI. !n llllltoc Pim PlM:. 11CG to VOl, 1.0 at Plata, '*9411 9?, in tcw th S a19 U. llll • ~. to • r,t t:b:ie '?15 ft: • of tM I U. of el llll:llliw. ~ • plc: ail 41st. '15 ft • &ta 1111 I b to tt. • fC 9 Ct• ot·tt. ~ liae Df hlly It.,. t), I alg ad. pm,! omt.c' U..,. t:o ti. • U. ot tl-. I UO ft of al ...UY, t:h • alq ... u-to the a1r .. ~ the •• ai., rt.-ot--,. t1I Jrlf &lg' al el)' ... to "tJte • liJt9 of ad: INbdiY, ~ S al9 ad • line ta tba pobt. of~, Il'c:ludi.nq all tMt p;,rtion of ~ r19bt-or-., iracat.K :bf Odi.Mllca l!b. 157' lyi.D; 'ldtlin tbe at,c:we dellcru.a -.in trar:t- EXR!BIT A pa9e 1 cf 4 \ ' i I I • • ~ ";~-. I .• • • • PAM AYDC'~ tQtft' aIGlrt-fJF--.1' M.QC1SnION -- \ All ~,:. p:q:tJ.~ of Tract. ·.a.• vt"::b.i.11 * 1/t SIICt.100 a. :,,,p • .2J Horth, :ct,tnqi!!' 5 Eut, ·-·· i.,t.ng uaur1,. ot ti. aiutar1, ril!:lt-ct....,. J.J.aa o~ 1.ua ~ Blwd. l&l.ao bom. U P.azk Aw. a. and llbo $IICandarJ ,ie&t.e Rwy. Jlo. 2-.a.) and .... tt•rlr Md -.tbady or !ti. IIOll'theute:rly rtl)b.t..oof- _,. ~ ol P.s.a. aa. l lllt-tOSJ IIClrtlli ._taa ~ A-ltn• dl)b.t-ot-.y ... ..-tarlr .a ~lJ' of tbe fo~ dncril:,,ad li:tR: ~i.im.iDf U a flOillt. cm tbe IIOvth 1.1..N of t:ba -l/t Df s-tim 8, a.aid point l:le1.Dg 2S fest ..-of tha 1.at:erwllCt.ian of tba auta,rly ri¢t.~f- -7 u .. of Lab ~ al'ld.. ~tb Mid 80llth u. .. of ti. W 11• of Sect.icm 81 ~ aa.rtbairl7 t.lmM) • line -.1:iiich 19 parallel vitb aB4 2S !Nt. auterly cd, u ...and at r1tht -,ln to Mid ..._,lJ r1pt.-c1f.._y -.qll'I cf 1.ake -,.9 ztou, ll.t. a·41a:t.wa of 170 feet, l"baDce Dl:>r°.J.,.•ta.rly 1n • •UaJ.9bt. liDI to • poi::it 10 fNt -..te:rly of, .. ~ at: rtpt .-;la ~ t.ba eute.clr ript-ot-wr -.rv.111 of NJ.d rod, Ni.4 po....ut baUMJ c7c fe.t DO:r"t.b of ~ mutll UQe of t.be NW 1/4 or Se:;t.i'!:m. e, T»cii:» mntiml1.nlJ" noctbulJ &.l.tng a 11.mi llhich la ~el vi"th and UI ffft. eutarly of Mid erutarlr rlQbt.-of....,. ..-,ui, m • ,oibt opp,e1u ~ hgimar'• &'t.K1olll 0.00 anin, the PC of & CVftl Clll tbe tait.u 1.1.M l&·l.UleJ .._, of P.s.a. lb. 1 (11-«15). a1di pwat :t.1Dri; to r..i eutalJ tbuw.traar ~ witt:a all tbat. ~ f.J!f Tnc:t. ••• lytaf vlt:IWI • l'ttip id l-4 s ffft. ~ 1:,1..119 adiacct to .a pralbl. wt~ tM autedy ript-of-,,ay -.rqUI of P.s.a. a:,. 1 (sa--&05) hall• pot.t; Clf'PN,lta au....,. la91DNt"':a Stat.ioa, 0,..00 ~ a ~ U, dla; rW4 to a ~iat o,poait. SU.tion 5-+55 IICll'9 Cl:' 1-. Tract "'A" Tbil.t. prt..1D1 or .aoc-u-.t ~ ca 11•> c;1t ~ a, ~ 23 11orth, ~ S E&str •.a., 4-crlbad .. faUO., ~ at. U. ~-.ct:J.oa of tM --.b U,., of. 11&14 ~ qua.rt.11:r (1111 1/4) "1tli tM ..--1.,. aarpll of radt su-t, a1ao __., .. SecvrldNy St.ta Bi,_., •• 21.. ~ eovth 1P2t• 19• ~ a1oDiJ Mid .oath line 771.21 feet.r dlllll;:a llln'tll 0-Jl'51• INC. 2$J.2J t..t. to tha-po.iJlt of cunat.ute of • carw to ta. laft of r..u. ISO ~• ~ nottberly altm111 wid ~ 27.f,.SZ ft*t, to tha ~ of ~' 1:bence ltorth 11•s9•J1J" lle9t to a 1a.t..nact.iD21 lllta die aoutlleutclf rligbt:-of-wy Et:HIBI7 "A~ page 2 cf 4- I . • G • • • \ ~a cf P.s.a. Mo. 1 (g, ,as11 t.taoca ~l:, ~ ... .:.uly -~~:-.:: ui4 SEly rigllt~__., a&rig!.a 'tO -~ v.il:h die aut*l;ly :; .. ~:i'!.- of ..... , aK9iD of. ~ a-•• I ThaDcl ~.1.1 UGa!f C..-~!.;; :~-::!~ ~~ .. nt hn. A'Mnllill! H. u:i u,, Ult.ff :dcm widt, tba -=-tb. liDa of tM • 1/4 of lliec:UOD i ud Cle poi.Ator~. EXHIBIT •1,,"' page 3 of 4 l I ! I I i \ ' ' L I I . • !11,--J.._ • • • • \ All th.at. portLcL of 'fnct. •a• lriD, w 2 t ly of UIS aon:.twt.sr:..-, rigbt--of.-, UM of. P.1.1. •. 1 (P. tOSJ ~ .a.taa. tr 7 z ;.. U..O ri..,.....,_, --lJ' at --dtkt--of-WJ UM at .... .+rt Jtoe. 111'1111. L fMa JLwi ••• ) 11111 ...-1, ... WWW 1 tAla,ly o~ u. ~ 5 s-.. UM1 ~ at. • paiat appNJ.to ~ IDJiaNr'• Ra.Uoa i+SD.00 -. the oet.c u. CA-::J..Ml ~ of ,.1.a. •· 1 (a toSJ. -14 ,obit NU111J SO f~ ma: 7 1, tli,:.:::41.;a, ii..c. *11 W:ly ....,u.i ld.t:!a ..U oMt4elJM ~ to a p,i.Dt oppoai:a a......,-l'np •• nauao 4+21.JJ -4 so &et www twlr -n..c,., w 1 tedy • lll1ftwa of. !I tNt. m a po1at ~-ltald:iofl .. ae.» ..s ss mt. w .._1, dlan'!zca, ..u ltatica 4+n..n al.Ml llaiaf tile P.'f, -f a ~-t:o the laftt fllaaol-7 tlSt,' Al.allf • ~ t:o die left 11111wia9 a ~ of' 627.N hft: tD • pobt. St tte a.,IIIIIIIJ' ..._.._, •• ..U.. o+oo • ..U St;atJ.a a1110 ...... dla ,.c. of N14 _,,. -4 SS faa't ..-.r1., - --wl.tll o _.. at lad 15 --1rta, -"' -parlllel lf:1.:tll tlll ..-.elf riallt ot -, au,:la of JA1a M C I tea ...... ---.,---~--...... " abo'fa. -.tJarly to tM mlltll UM of can c 1,gt J, ..u 1rrect,1-1. Tract ... u1 tbd. ..-uoa,,.. iata 1, 2 -11 J .ta ..-&a,, ,.. n •-, .... S ••• I.L QUlf ... t" . 4'7 Dlf t111 •.P. -· (D. >/9, ---11' gL Lab 11trh1 ,-11 ... I.I:. (alaD ..... M 1116 la, a.) ... WWW 2 C 1J aal w:t:at'lt of ...... -1, IIDcu. ..._ a-UM Eh, 1¥1-.M"I that p.wtJ.oa o« .... ftr df tta. 11.S. • ....._. 1't' ...,. •• ZSJ.J. EXHIBIT •A• page 4 of ,1 --~---- ; ' rttttt ·; ' trlifi a ---- I . • -------- I G • • • · 1· I 10 J3E_ O.C.O'JIKEO "'" T~E I -• · CITY OI' 1',£Nl0" Fl'Gt<'\ ' _ ThE -erenJo C0"""6'.c.lA . l>JR.Pllll"E. u;,_ _ (A?PP,0)( LI., t,c=) -' - ' 1 111 ,n (t ~ .. a:: :r <{ I-Q_ C :, \ Pl'!()POSED 5TREE.T VACATION AND --~-Rl(Jllf-QF-\VAY ACQU\~TiOI-J BOElN<:J C.O -C.ITY OF R5N10N t-J. e,..'!, <,;.T_ ' . ' ' j ' . L . - "''· ' n• 4 I . • . ' .. I C • • • \ ,/ ':'hat portion of I.og"a.n AVen.ue North, north of Eith St.ree located in Sec:tion 7, Township 23 North, Range 5 East, W.H •. State of Was1'.J.11gton desc.d.bed as follows: BegiJ:uli.ng ·at the Northwest ~er of the intersection of Log-u ..\venue No.rth ar:.J 6th Street, thence R. 0° -26'-lr z .. · a dista.J!ce of 1298.87', ·thence s. !9• -33'-42• E. a ~stance of 5.00', thence N. o•.-26'-la~ E. a distance o.f 864.73', thence N. 41• -22'-31· Sf.·- a dist..anc:e of 25.Jl', 'thence N. 43• -4'7 1 -01.• E'. a · di.stance: of so.is•, thence s. 41• -22•-31• E. a dis- tance of 43.92', thence s. o• -26 '-.le-w. a distan'ee of H83.B3', :.hence S. 89·.-JJ'-42• .E. a distance., 0£ 25.46 1 , thence S. 0~ -26 '-18" Ii. a distance of l29S.87' thence N. 89° -34 1 -11~.w. a distance of 80.00 1 to th~ poiri.t cf beginning. · An area of 3_'!J ac::-;;.• or .. , .l49,J60.5~ s.f. \ • l I , ttriFS nttt ·• 111 I . • I. 1 ., .... ----------------------- • • - ·,:i...t p.:irt.:.c,:-. ::::,: r....:._, 1-..:>~-~-: ·.:;:., !.i..•,~.:,,,c,:, .,l.:..,, J...ut,,,,fl .,; !:•,cO·,.._'.;,.:-y ::.:t..::.? •:, 1-...,'f :"l.J. -:1,-. ... ,·.! l·.,tl; \ T-Y~:iue i?": r.~:'l':.o.,. ::..:a:..:":..i.:-..;:;:c. ,:a, :...i.t:; ... tc:..: j.a :;:!a-1;u.::t~- ...,e~: Q..;..;:-:..;:: c: :.~-c~,u-. t. ; ... ~.i-.i;, 7J t,.·,rt"'l, 1.:..,,,,,,., ~ !.:.;,.:,.:;:,: .:: •• ~:.:.:-.i; Co.::-:::,.,.:_----:.,~ --·-:·-···-·' .. ·";:-· ~ ... >:r.:.~~~ -~ :~~~=~~: C"c.~,-:.i.~; ..:: :::,~ .i:-.i~:-:..;:::::iu~. c! ::'\,._• !.:,,:::: : i:,.., ...,; ~e;.C :.:.::.:-.-~..-!.':. C,·...>-:-·.e::: ·..-it:, tr.., L.:.:.t1.::;l,· ,....,:-,:;~<\ oe::: :.""i~ L:..!.c t;l:~\i::o;i':o:»!': ll,tt..<l.~v-,r::,.. ;....,.i.! v.,.i.,,!. o:,i" iri:.,._ c·::..:cc:i.o:i .:il= b.:::.:.;.~ tht: South"..--,:!i.t. c:or:i;.,r of th.:c r.c.,-,i.r.,; Cory.,:-1y':; ::.:.::: J.:.:"1:-·:"1 ..:a:i,; l'..:a:-::-1.-l lV; :;:!,e!.:;:; ,.-.:,::I'. :a ·!-·: '-,:.:.- .:.:.:::!.: .:.!:.:-:; t!\~ t: .. ~:..,r!:, JIO.::rr;,:, c~ ~-,it!:....,·;,._ \ . ..:,.~'-~o::on p;;,1;,:."'v~:-c! L2Gl.O !~t !::>"' po~r-t )O.li:I fr,c::: rir_;~:;: c,t .!:iC. Jl'>e,u.~et! .a:: ri,;;t: .'.1."1\'lt:s to tl":e "1.i~!lim:;:o:i. !::a:~ tiii;!'l"'•Y :>e~:c:t.-n:;: Ho.rth Hoo,nt:o:i ln::.crcll.lnt;,: c ... ·~t.crl.i.r:,i: s:.~:.:.~:-: ·,-.·, 0-+CO, :.-.i.i.~ s:;:~:.io!'I t...:~,-,r; t!'l:'.!' r:::i:.:-.:;: u~ ==.a:;.1,,1.:;:1: c,! .a c:.;n·tt tc. t.hc ri'i~: of c.:::n:;.c:-::.1..-~ i-l,:,;ii.:s S7:Z.'Hi feet.: Cloen= CCNltincimJ >10.;th Oa -57'-•ll .. J.:<ls~ ~l.:it19 s:.~e E,,a,s.t.erly ~i-i;lo of ~,).i,0, ~o l;:.,:;.ll.in1:1t.o:i . Bo\.l"'v.u-4 2!$.DS !eec: t.D the point of intcr~ccctic,n wit.h A c'-1.r'Ve o! :i:-.adit.ts il7-9& !e.-:t. having: ,1 ::~i.:il be,..rin9 South f:io• -30 •-59• U~t; U'lct<tce con:.iriuir.9 Nort.h o• -S7'--4l Eu.t. alo:UJ ::aid ~t.c.z: .. y J:11;1.1:"9"in 1.8!:l fc"t; t."--c:e t..an9Cnt-.to Lhe prccccdin9 eoyr::.c liOrthc-... st.crly o').loog .i eur,.-e to the r_i,;-ht. havift<J .a ratiu~ of 2t!7.;:;.; feet. ant! A-Cl!'nt.r;il an9lc o! ,, .. -21•-,11·· .;:i:t :ire: dist.,:mc:"' of 197 .60 Icc"t. to the tr"-"! point (•f ht:i:;;i:i.iinr,;; ti>.,:::,.c:,::i C'Cnt.inuim; Jo:ort.ht'o::i.;tcriy .i:om.1 ~Ji.! ~:u.rv,._-~n a:c i!i:;t;;incc i:.! 'l~.,J fct:t to.; jnbt IJ~ rcver.:.c c:.;::,.,.;i.::.urc o! ;.. C'urvc t.o the lt·!t. of r;.C:£.;:; l,l.l.2.)7 fc.,-:.; ;:.ne---.c:e tlortr-,e;;.st.\!rly .:.lon9 !..;i.icl c..;:v~ t..:i the left .a.:: .:ire lt:n9th .:.! 14::i."',) Ice~ to ;;, p::iir.t 1Jt in:::cr!::Cetit1:i. ... -::.:.~ !..':e So-i.::~e:,.terly lllil.r~in of !::.l.iO:: t,:c::c!-: ~r.to:\ ::r.terc!".a.n<j"I! !raAl wher.,:.::: t.."1.e et:>nt.c:: o! :;..:.u! C"..!;'v.? be.:i.rl!. 1110:-t.'1 4l"' -i:o'-l'S" 1>es1:; thc-n~ 110-rth ,:£" ~Jl'-29" • t~e:.t. ~long t!-.c Sout:n.oe-stcrly ~r,;i." O! :...:i.i.SC: in.tcrch.ln;.e 60.C& feet. to il_point c:n the WOrth-o1,nte1ly 1P.:1.C9i11 c: 5.;:.id L4l.c lf.;i~hi.-,gtcin :lloul<.-,,~r-! .:ind Lhc !.~" :.:-i~=t<. .:ly · i::..:r,;in o! t.htt lhi.=li..~t..;.:. :. .. :them P..olil;,..:,y i:.:O~!".t.-Of-11.:i.y, :-...:i.id pc,Jt bein,;: co ;i. curv,1: o[ r~d~u.:. l',C'S~-37 fee~ fr02; ;.,tidio ~ center be.:ir= Jtart.h· <.l" -)ti'-ll" W.?&t; t.M,,..c;;-~ So-.i.ths,,es ( ·ly al.cag =.:i.id cu:;u. o,111 .a.re lcr?gt~ of 1)1.GB !eel:. t.o ~ _,oint of point: of Un9"'fle-y; thciic,: So-uth so• -t,3'-32" w~:. :ilo,i.; t.ht, so1.1thc.i.!:t,.,rly ..-.;ir'J'in cf ::.aic !lur1ingtor . .!'lo~!"~rA nai.l1,1.:i1 ki9ht--6i-t4.1y ,tJ.G.l le-tit: t;hl,nce SOI.Ith J9• -lG'-28" tat:;!; <;.Gt !c1P:t t,:, ~ point. uf i11,tersec::tion. wit!\ the \ie,st.ctly -.:i.Ci;iin of ::.;1ic'l I..;;:)':~ l-!as:!'l.iru;t:cn Daul-::vard, ~.:ti.d point. bei m; O:,. .-:i. c:.n"V.:!' cf ro1t!lus 3.ilJ7.fiC feet frca ,o,hi.ch the ccrit.cc-1-H:.lC"!:. 5tr.it"n t;!I"' -.. r.•-3,1,• ~t.;; t.h~(;c 1Wia9 c.., id u.e:..t.crly g,,1r;in cf ~ lf.u;h..i.aqto., 1.c.1:1.i.:vilrd oilllon';f Lh,c -caH.!1.l t.o lh: ~'°'rve:, h.lv.i.1~ • r~.i,.1,,11,; cf .J,;J.(i-1, !ct:t ."1.ud o1 ctrit=-~l ~ni;ilc af n• -?!'--a-, :-.01,1.th ~:1· -'.11'-;;o• !.:~:.t \ID.t.ltl !ct:t. ta. ::le ~ri,;,;i j>Qin~ ot l>c<Ji.r.1\ift<J, u: .!.•.:;.:. i:ucJ.n1T C t': e l ,:;f 2 ·! ., \; ' l l ! . i ' [ .. ·;. I i I i ,. ... \ ' ' ' I t I • • ;. d N C\l d' ... ;c; ... ,, 0 ~ :, • • • \ Thll~ p.i:-t..i.o., o::: to;i~ l'.w-e:n\olt, i:orth, r;ort.r. o: Ct.h. !'.?:-~e: loe.a.ted .b. S-:ct~ ,. TOwn:.!li? ;,~ lorcb, ~n-;c-5 :.:::~t. 1;:-_14_ St.ate o~ l1c!;Ql.t1'1to., l:!e•c:ri'i.. ... ~ !ollg,,,;:;; B~il&ll.i..n9 et the liortb.r~st. cocner ol the intcrsei.~ic;i ot Logu Avenia ltoJ:t.b 111\4 fith !;l::rcet, thence t<. c• -2,·-1a• c. a. dGt.aitce ot 12~a.a1•, ,Lcace s. a,• -Jl'-,e2• £ • .ii di.st.Ma: of .::..oo·. the.:,-=c-"· o•.-u·-1r E. a disbi:"::il!! ot 1,4.73•, ther.c:c •-u• -:;:2'-Jl· :1-·- u di!Ct.:u,,c:r af .:ii:5.31'. t..bea~ lie. ,13• --t7'-0l .. E. a dia~a.r sa.11•, ~ s. 411• -22'-Jl" .£ • .1:: d.is-. ~ of 43.tz•, ~ s. o• -i, •-u• M. a diat.L,.:e of Sil.SJ•, ~ s. n• -ll'-(2• £. a disbncc of 2s.,,,, thuce s, ·o~ -2t.•-1r 1:-• .i di::uncc of 129s.e1•; thence N. n• -34'-11• ff. a dh:e.in.ec o! IO.oo• to t.he point of JM.vl.nning. An Ut!a of )_,3 "-Cre.5" f:!1:' 14',Zfoo.se s.!. .-. rt ' . , . . •. . •. , .... ~- a&UII'r C T ~ l of 2 ' ~· ••llaii --------- \ • '----I I I • • I il->i ·-i ill 'S ,. t ii ii , I • .. • \ 9G1i!128SS5 . ' ... I ---·-· ,, ____ _ .. , . ----,:" I -·-~"'"' .~ --... ~ I I i .. -· i ->P~:,-c;_,,•,_ -"-- j. l • ~"' ... -.. l 1 •:-:~<t-.fu~-{i---s-_J ]JlJ:~=.-~== ~ r~·:.~----""'-·---1,-..T'.)o~ -,--• .= .,.,,_, t5x~lfL. "'"'.'. ' 0 • ' \Vhen Rec6rd¢~turn To: Mr. Micl:iael·P. Morrison , Gartlnet, Cartojl-&; Dciµg1<!$/"' . 191 N/Wacker Drive .. ,. 111111-111111 20041228001872 FIRST AMERICAN D 24.00 PAGE001 OF 008 12/28/2904 14:09 KING COUNTY, UR Suite.3700 •·· . ·•· •· chic'ago; Illinois 60606/ / E2092833 IZ/28/2004 14:03 · ~t~ fO~~n' a~t40 .... SAI.E '$37 ,S01s 14~. . . f PAGE001 OF 001 ~ ... )~9 (/?C//l'· ··;=.·::,./'"'·:,: DOCUMENT TITLE: Bargain and Salti'Dee.d REFERENCE NUMBERS OF RELATED DOClJMENrSI GRANTO!VBQRROWER: .• .. .>1STAM-S 'fhe Bo'eipgCompany, a Delaware corporation ' GRANTEJ'YASSIGNEF.$ENEFICIARY: ···::.. .. , .... ,,.~··· .... •·•• 'tr~9s':e~t~rri ~r~~;q,akeshore, L.L.C., a Delaware limited liability company LEGAL DES~R.JFf{oN: .. Lot: 1~4, .Boeing L~eshore Landing, BSP 20041223()()0856, 11i ffi()re fu11yqescribed in Exhibit A beginning oripage 4 .of this 8'argl!fo and Sale Deed ASSESSOR'S PARCEL NO(S)'. 08230$-9220-05; 082305:9221-04; 082305-9011-08; 082305-9222-03; 082305-9079-07iOS2jOS'.:92D4-05; 0.82305-9Q37,08; 082305-9152-07 /,: Renton Lakeshore Landing Deed (Closing) 20041223 Page 1 of6 BARGAIN AND SALE DEED 'THE GRANTOR, THE BOEING COMPANY, a Delaware corporation for and 0 in .consideration of Ten Dollars ($10.00), in hand paid does hereby bargain, sell, and convey, to:Tral)swestem Harvest Lakeshore, L.L.C., a Delaware limited liability company, t~e·'ieal estate desqibedpn Exhibit A, attached hereto and made a part hereof, . situ~tedin:the (:ity or\R.eQtQfi, Colji'ity of King, State of Washington, and made a part ,· her~of/suhject'to those m,atter5,,sei foljh.q11 Exhibit B, attached hereto and made a part. . . ( I~ additfbn, the{]ral,ltor Bere~yi{,6iley$ &hd~~tclaims unto the Grantee, without warranty.Qf any kjn'd, aii of.fue·.Qrantoi':,s righf title, and interest in and to any and all rights and pri,vile'ges, own¢d by or lea,si4t0Seller that are appurtenant to the real property described in Exhibit /\, in1,luqtig iithout limitation all development rights, air rights, water, water rig~ts and water stock J'ela,ting'to. the said reil;property' any rights to any of the foregoing lying in 'the bed_.of ariy,existing dt\dicated street, road or alley adjoining the said real prope.!'.ly)ind.to all ~irips.arid gor¢s adjqiriing the said real property, and any other rights-of-way, cir'ap_purtenaiices,,l!sed in,9011nec~on with the beneficial use and enjoyment of the said real properfy. · ·· · ... , ·:·: ..... :::. D1\ted\'.1ecember 28, 2004 THE BOEING COMPANY;' a Delaware corporation• ...... , .. ·/ .,/oh rn. i)/4 Colette M. Temmink Authorized Signatory Renton Lakeshore Landing Deed (Closing) 20041223 Page 2 of 6 STATEOFWASHINGTON} . .. } ss. cOtJNTY oF KING i ACKNOWLEDGMENT , .·.· • · : Jc~rtify th!l(/kno~;·or have satisfactory evidence that Colette M. Teriuninkis the P.erson \\'bo appetiredbefore me and said person acknowledged that he or she signed tl:11& instrumint, on o~tti ~fated U\a.tJ1e or she was authorized to execute the insttumint and kkrjow)edgep._i\iis the Autl)6rl#ed Signatory of The Boeing Company to be the free and volrint~fy agt of'$uch p[lfty for the uses and purposes mentioned in the instrument.'' .i · · · · .. WITIIBSS m/ha;uiandoffi:ial;;; hereto aff!;~ thii.,,2_/~y of December, 2004. · · · · ·· · Renton Lakeshore Landing Deed (Closing) 20041223 Page 3 of 6 EXHIBIT A .i.E&ACi>1;scRIPTION: · Lohi"l_, 2, i, and 4, Boeing Lakeshore Landing, a Binding Site Plan, recorded under iecortling No;" 20041.2230008,?6,, •' .. . . .. ,/ Sin,f~te i~ the pty\of Rel)fo( c;Oll,Jty of..!(ing, State of Washington. _/ Renton Lakeshore Landing Deed (Closing) 20041223 Page4of6 EXHIBITB EXCEPTIONS TO TITLE l .. ', Tales pr-'llSl,essments which are not now payable or which are not shown as · e:ii;i~th1g liensby the ry:cti!'~,of any mxing authority that levies taxes or .as~ess~ents orrrei1tpror,eryy. 2. ·• fu:servatiQri of P;,'semertt, inqhi<li~g;te)IllS and provisions contained therein, recorl;led,in t})e Records)'>fKing,C)\urfih,Washington under Recording No. 4662540 .. / . . . ·.·... . .. 3. Easeinea{inclt1ciinJ the .tfnns.,i~ provisions contained therein, recorded in the Records of ISing ¢oun~y; Wash\JlgtQP unqe.r_Recording)'!/9. 8805190541. •' ' '· . ,, ',• ' . 4. Easement, including the ~s and,provisions co.ntaint@ tl)·~rein, recorded in the Records of King Coiinty,W~hingt()h un,der,Recorcii11gNo. 8811300191. -· .. ,• ,. ,· :. ·.' .. .: .-.· .. 5. A document entitled "Agre¢rnent ahd I,;\censefor fire Mail})l}ter-tie" executed by and between The Boeing Company and,The City hf Rent,;iii recdrd.ed in thf . Recqrds of King County, WashingiQn undei:\Rep'ilrcJiiig No,jHQ606{)988/ . 6. Ease;;en,t, including the tenns and prdvisio~s contairn;,d'tfierein;' rect>rdid in the R~9rds i>.f King County, Washington under R~c9rdirtg No; 9.207 pO(i{il. ./ Easeihent; including the tenns and provisions contaih.ed therein, .rec&de.d in the }RecQrds qfKing County, Washington under RecordirigNo,;9607n01<57. -· •' .. -· .-,• ·, &i Easernent,Jm::liidillg the terms and provisions contained thefuih, _iecofded in the .·.' "Records of King County, Washington under Recording No. 2001l2Ji5003127. 9. Ea~efue~t, irl~·ludingthe t.~mis and provisions contained therein, recorded in the .. ·,Records of King Ccyunty, Washington under Recording No. 20011205003128. 10. Easerri~nt, irti:!udjfigthe,temis alld provisions contained therein, recorded in the Record{qf King'County, Was)li:rtgt-0n linder Recording No. 20011205003129. 11. Easement, i~;j~dillg ~t~PI1S ;n.d pro~sio~s ~ontained therein, recorded in the Records of King County, W'!!Shingtqh un.der Rectitding No. 20011205003130. 12. A document entitled''Devtlopriien{Agr~m~n{be~iien The Boeing Company and The City of Renton for the Boeirig'Reritori AifQrnft Miurnfacturing Facility" recorded in the Records of King Cpqnty,,Washiq~ton under Rec()rding No. 20020802000224. ... .. .. .. . . . . 13. A document entitled "Development Agreeme1.1t fotRenionl>Ian't Developrilent" recorded in the Records of King County, W~Shingtontmcler Rccbrdin;iflN"o. · 20031210001637. . .• ' Renton Lakeshore Landing Deed (Closing) 20041223 Page 5 of6 • 14. Declaration of Covenants, Conditions, and Restrictions recorded in the Records of King County, Washington under Recording No. 20041119001959. i:5., Easement, including the terms and provisions contained therein, recorded in the .:.·· R~ords of King County, Washington under Recording No. · ··· ·. 20041228 O c:> 11?'-2.. 16. Eru;e.rri~~;·:·1ii.cJuding tl).e-ter:ms and provisions contained therein, recorded in the . Re¢ords,o(King ()?l,lhty, Washington under Recording No. 20()41228 .OPj ~'t,s /".' .,., JJ'. EaseJj,en,t; inciudµig thetenk and;pi;dvil!ions contained therein, recorded in the · · ·. Recoids ··of !GngCmµrt{/W ashfrt.gtoll ui{der Recording No. 26o4122s/b en 11"1.,~ •· · ···· · ···. ,, ' . 18. Easelll~~t, including the'teaµsfuid p.iivisions contained .. therein, recorded in the Records ofKi11gCounty, Wasbington µndef'R~. ording···o'N~ 20041228 O l:;-\ 8' e,i,S .' .' . · . . :, / . .. _; .. ,, . 19. Easement, includingiheteqns a)ld provisiori~ coiltaihiqtherein, recorded in the Records of King County, Washfngl:on ctnder RetoidingNo ......... , 49041228 00 l 8/e(,, " • •.·. < .. • i O / 20/Eas~hient, including the terms and ~rqvisi 9.ns c6ntairiect.!h~~iri}recprctfld in.cthe / Records'ofKing County, Washington uftder l{ecoti:liniiNo. . .. / J / . 2004:1228' "e:> l v' w 1 ' ., ., -'' . . .•.2LEaserhent;' including the terms and provisions contairied therein,tec6rd~ in the .'Rec6rds of King County, Washington under RecordingNo/ · · '. 20041228 I;/ e> \. &'Ce q . • ' 22:·Jfasen.ieuf, inc.wdingthe terms and provisions contained therein, iec-brded in the '··.,... Rec.ords of J{lng County, .Washington under Recording No. ,2004li28 ,C) Ct! ~fa''.k ' . 23. Easern~nt, h1cludjrit~he_.terrps ;~d prqvisions contained therein, recorded in the Records·of King'Countf, Washington under Recording No. 20041228 ·cb l 1i' 10 '. i •.. ·.•· . 24. Declaration of coJena~is:C,;mditiont ~embnt$,'aj]d Restrictions, recorded in the Records of KiniC9,ll,n,~f \Vashingt<ili u9de(Rec,9rdin~ No. 2004122s o o ! 'i(? I . . ,. .,· .•· ... . , ... ,. -·.,,--·-· .. 25. Terms, covenants, conditions, ~d ~c1fo~ as 6oniained in the Boeing Lakeshore Binding Site Plan LA U~04.~0~I-BSI'.fecqrded fo·the R.:ecorc;!I of King County, Washington under Recording No/20041223000856. · · Renton Lakeshore Landing Deed (Closing) 20041223 Page 6of6 ··. •' . .• -· NOTICE OF MISSING DOCUMENT COUNTY: 'l(jng RECORDED DATE: RECORDING INFORMATION: 4662540 Please be advised that the document listed above is missing from our plant. First American is attempting to obtain a legible copy of this document. It will be sent to all parties upon receipt. -- I !! I I \ ! I l = WHtN 11.f(nRDF.D R£1\JW,,I to. O(lm· ,,r 11w <ti~ ~k,1'. fl,n,\, '" '1,1"' ·'"I"'' 11:;ildlna; JOO J.1,\1 ,\\", r,\I<' !;.,,uth )(,.nu.,,,. 1\;\ ¥'11l 0 S • • • • 'I.','( :1~121 IZ · ,,.., 211.i )ij The Guntor, tll!. ISOtUIO C~JIAHY, a Dol,,ware co.tporatic»i in hand paid, ccmv.ya a"d warrant, to the ~?TY or ReNTO!I, _mua,.icipal corporation of th• ltata of W~•hln9ton (hl!Pr&~n~¥~-~ reterred to aa "Renton•), that cortain real ••tate, aitu the County of Xin9, St•to ot Va1hln9ton, 111e1re particu.larly. de1oribed on :exhibit A atta~h•d h•r•to and by thio reference SUI.JEC:T TO t 1. An ea1c1ent oftoctin9 a portion of tho Property for th• purpoae of an electric· tranaMi11ion lino &J\d incidental purpaa~s in tavor of the City or Bo•~tlo which inatrl,ll'llont was recorded on Decell\bar 21, UH undar ~uditol''a Nr,. 21l60ll, 2. An ••••~•nt for conatru~tlon, ~•intenance and operation of a railway track over portior,• of tho Prope~ty re1ervod in a deed f~an Pac~flc ~oa1t R.R. Co,, a Wa1hi~ton corporatlon, recorded under A~dltor's Fil• No, 4,,2s•o. J, condemnation by the Stat• of wa1hiTI9ton of• right of acce11 to at•te h~gh,,lay and ot lisht, view and air, by decree ent_ared. June :a 1 ·1tfi6i under CHO No. 650.27, 4. Any eni::Ullbranees or defect• that uy attach dter the data of th.h Stilltl:ltory Warranty lnltd throu9h any pereon other than noein9, E"XCEPTING AND J.Zl~RYING to Botl!~g, it• aoccostcorl, asai~na, !nvitoo•1 licon .. c,·and pctniitt~a1 a nonoxcluai~o po,rpotual eaao- inant over, acroaa:~ ond under t.h• Property 111 fa1low1: Boeing ahdl have the porpatual ri9ht to operate.' iaaintain, ·np.dr o.nd repl"e the brid9a abutllen.ta pruen.tl)' on the Property, ·r 1 0 1996 0 0 -:, " "' "' -~ .,, rt, ' .~ ~ ' " ~ "' r,. " a, ~ .. "' I • ·,1 ·s: 1· rte r:r .. rr·•tctr etzewrrt·cx-t: ·•ti,··~ .. _._,....,,.."', • -·- --------------·------ I l • • • the ll,800-volt feeder duct pra~ently On the Property, and th• 1to~ 1ewt1r -presently on the Propertyk tog,ether ~ith 111 nece£1ery or convenient appurtenance• to 11lC'h abutments, duct and ll!'ilrer, end ahall have the right of access over an~ 1cro11 tha·Property to enable »oa!ng to exerciae it1 rights hereunder. The de5erip- . tJ.on 11nd 1pprc11d.1nate location of 1111ch abutDenta, feeder duct and stoari H1war an, .1ho....n as nlJIDber& S, f,, i and 10 on Exhibit D attechea hereto and by thi~ reference incorporoted hera.ln. Power of Terraination Thia conv.yanca is ~•de under a.n4 sul>ject to th• following condi tiom1: l. ~be Property shall be uaed to wlde-n the at:J:eet'adja~en~ to the Pt"Qperty within 20 years after the date o! this Statutory Warranty beed; and i. Renton will assume responaibility !er widening the at.:reet adjacent to th~ Property, inc:lYding ~ittwut·1~itetion ahy an~ all 1-provei.ePt& or app11rtenanc:e:s_~elated. ~hereto. Any •~ch wid.anin~ at' tha Street.-a.djac:ent ta ttus Prope.ct:i, including_, ~ithQut 11.JltitAticn any ~d all improv ... ~t• o~ •ppurtenances related thereto, &hall be at no cost or expcns~ to BQeing nor ahall •ny Cloit. or· uP9n~e-Ulc.t"eetf o" rdat&d thereto J:,e &Heaaei:l a,ain&t the property a~uttin~ the Prop-:ty. Rllnton shall p,ay all . ttw: casts and hpanaea of movin9·~c1 ·retoeatlhg: to Bolting'• utisfac:tJ.Cll th'e property a.114 bq:)rovaenta · (now loc:at.a DI'\ tb• . Property), tha ·deiCdptic,n a.n4 -apj,roxbl4te lOcat:(.oi:, of wb!c:h a:ca ahO\m aa n\lllban J, 41 7, a, 11 and 12 on Exhibit D·at.~c:t,;ed bl!ireto .anil by thh reference incorpc;,rat.e4 herein. J\entoll will ale.a pr ..... rie a A rr.a.iatain. pedest:rb.n and Yehlcle crcaalng: a;cc••• frun ·one dd• of t.l'le street adjacent to the Property ~ the othei- sld.e ot such 11~eet to .a 111undud no"t leu than Pnnntly axiats and Re=nton dll-it•Y all co11t• and .-xpen1ei: rel•t.!.119 to 111111.c:h pn.serv·at:ion and. ma:Lntenuir:e. _,_ . ·.1 I • • . i ~ -- ' ' . \-I • • • lf th1t caiuion to Proparty or any part theroof, by tha action or ect of ~•nt~n, or !t1 1ue~e11or• or assigns, 11 not uaed to widen the 1treot adjacent to tha: Property vttltiA ?O year• after th• date of this Statutory warranty Deaa or u,e condition• stated in par~9r&fh 2 above are not COlllplied with or are other~ viae not ful.ly ut1sfied and fulfilhd, then. Boeing-r;hall have the right to re~~ntc~ the rropurty al\\1 ten11inat~ any eatate, right, title or interest of R•nton, its 1ucae11or1,or •••ion•, in and to the Proporty, without any coat or further liability on th9 part of 11.entoD. u~ WITNESS WH!:REOP' BOEING hu ClllHd: thb iiiatt'ulllC!nt tP be axeeutad by ita proper here12nt:.o affixed this STA1'E OF WASHINGTON l l u. to be , 1976. COUNfY OF K,--J on.thi~mJJ./2~ '1ay o! £P.rr.'(~~ , 197&, be.fare~•, the. undenig , a. otary Publ%n afl ior the Sta.to of Kuh- in!JJ:on, duJ.Y ermiadon•~ and .worn, -p.tsoru.lly "'P.J..lar~ ? } ~ ?l-,p ~, » e, ~ , to ae kftovn to be the~ -~ ~,µ ,..,/ oTH£ BOEJ:Nr. CONP, ilia corporation th.lit ctXtlcuted·t. e fore ... going in•tnmant, and acknowled9.S the said in.atr ... nt to a tho he• an4 vol\U\tuy act lll\4 4H4 o:C aa.5,4 corpontitm, for the u..es and purpoaea therein Mntianai!-, and ·on o.ath:•tatea that ha waa authorised to .fUll!'eut• t.ha ••14 inat.2:uaet1t· and th.at th111 aaal afUxad is t:be corporate aeal af a.aid corporation, · Witn01a. ny band and dt'f~clal aeal horoto aftixeif the day and year first abova writtan. .,. 1 /: · . .:.. " • \_~ 1 }i ~· ~ ~~ ; ·1 I .• ..i-· I 11 tr I &H i n fr'ttliGd:W¥&:a::A:r'e · I • • ;'c Vtlt t;ib:rm ... ~.;-~L \ \ _ _: I • • • t>:!1?~!7 "A'' Th.;,'. portion of L.1:...: 1:~~t-.i r.9to;i lluulc.•v.1rd, .i.l:.o known .as ~ll!conc:1:1ry t.t:.tc lli<;lt...,,1y t;o, 2h .i,ntJ. 1•.,rl:; /,ven1.1e, i.n lt.inton, l·l;,:;hJ.1,o;iton, .:.::; :;it.u.at:.cel in t.tu, 1;ort~- vest Ou.:iC"t.r.:r o! .!a·c~i,..n i:. Tov:>;;1'lip ]) Jl(•rt:h, Jwngs! ~ i:..il.t, ILU .• Kin9 C'c.,u;ny, 11.1:;td.n<Jton, i::occ p,,::-t.icui.;i.rl:,• cl,,scribed 01, rouo-... ,: Comr.iencing At the intc.r::;r.:cti.on ol thu South lin(I of :.,iid t10:-thw1:1s!: OUilrkr Villi lhc l:.1:.tcrl~· m.irgin of Cili<l Lul;c h'.:ishln<Jton nuult,v~•rtt, :;.,id poiut of int..,r:-::...,ctio:\ 111!.o bein,g ltu.: South..,.:,.t c:prni:r of the Uo,;:,lnq Co11p«ny':.: tc-;"tct kno•.in .:i:. t·.,rc.:-l IV; t:.J1~ncc Nor.:h o• -s·1 1--i1~ 1:.:,:.t illor:..; t.hc J::..i~t,,rlv /1\,.lr<Ji.n of J.,aitl L.:..kc t1.:,shi.n9t:.o.i Doultivari:! l,2'0J.dl foct co .i poi.r,t J0,00 feet ri.')ht o~· .lnd in,e45ured .;it rir,ilit .1n11U:i:. to the i,:o11,.hin11ton t:tatc 11igh'l,l,11y t>ep11rt.lflent 11orth •~nton. Intcrch.m90 c .. •ntci:line !.t:ttion "'.:\", 01-00, i.:::iitl ~t.:ition 1Jcin9 tho pc,int ot curv~ture ol a curve to th~ right of ccntcrllne.iadius ~12.96 feet; th~nca con.tinuin9 North o• -s;•-~i· tusc .tLlon,g the E•&t.Crl.y 11W.r9in of :io.lld L,1,1ko U.ai.hinqton · lloulevua 2~S.D8" .feet to the po.int of h,tCr.GcctiOJ) wltl; A curve of r~diu5 ~17.96 feet having• ra.di..r.l bearing .5.:Juth Go• -JC '-59" l:ai:.t; thence contlnuit11J trorth o• -!i7'-•ll Eo.&t. along o.iid r.a.!.tCrly 1p.argin l.S!J fo~t; th11nco t..r.ngcnt to the prccet.Jin!J cour!:c Northc,,i:torly .:.long a. curve to tho right h,w.i.n9 a r:tdl..u!. o( 28"1.f.4 fee.~ .ind a,central no9le. or J!)• -21'-<ll" .in ..ire di!it<\nce o! l!l'l'.6D fol!t Lo th!! true point of he!Jinnin•p thence continuing· NorthC.l!;;tcrly ~1lon9 r,<1id curvtl: .in arc distnnc:c of ~9.!IJ rc~t to a point of rcverGc c.·ut"11aturc-of u cun1<.! to tho lll(t o? r.:1d.i.t1.i; 2,112.17 feet; thi!!nc.:o 1<1ort1,c.1.1~tt,rly .c,lon'!J !:aid c:urvl:! t.o the: left an .ire lr,11\l}th o( H!,.~:i iL..'P.t to a point of intl:!i:-:;.~ct.i.on uit:, the !:outhw~!>tL•rly rn.1rgi11 o~ !lolld t<:orth ri:.intor, 1nturchange Iro;n WllCllCC the center or !;ai<l curv<! bc:.iri:. North 43• -40'-J~N lit•st; thence North '1P -ll'-29" . W1u;t "long thcr 5011tln,ei:torly 111.:ar9i.r1 Of tar.id intcrc:h.:in9c <iO.OG feet to A point:. on the No~tlr,..e1i1tcrly 111111:!].i.11 o! ~aid LAl;.c \'/.:ie.hlngtcrn lloulcv.ud ;1·,t;,1. ,.!.c Soutl\l:.:.r.:.tcrly · r.i.ir9in. o! the Durlin;~.-. :u.,rthct'n ,..,..Uway lli..yht-of~1-1a:,, ~.iid point. boinc; on a curv~ of :ro.dhu; 2,0!;l.J7 fol;!t froin which tho ccintcr bci'lrt. ftorth 'IJ" .-lf. '-11'' H~:'I:.; tb1.mcc Sout:hwest:crly along fii1.i.d curv~ 111\ arc length of l38.CiB !cet to i\ point of point o{: t.:.in111n1..:;,: tlicni;~ sout~ so• -t.l'-J2" Wu!.lt ;ilong the !Jout:ht?.:.i!ltcrly 1:1.:r.r9J.n n(; Lah! llurlituJl,;o:, tlorth.i:rn il<li lw,ly .tdc1ht-Of-N'.l:f ,:J.(i2 feet; tlu~ncc ~outh J9• -lCi'-:~a" 1:,1ijf, :;.!i'1 J:~l!t to 11 point 0£ intcr~cction vith thu We1:torly M1;ar!].i.n. o! r..:r.itl Lake H.is:hini;ton noulcv;1rd, !i.\i.cl pnlnt PciruJ en .'I cut·v.:, of r.itliu!I J47.G"' J:eet trot.I w11lch. t:hc r.:cnt:cr l,c:.rt: Soll th 4!)• •40 1-JO" ti1!lt; th.:ACC l~.:iv.lng r:,"\i.d 1/f'Nt:ci:-ly 111,,r:1i1, of J.,;ik.l'.!' HAc-hi11".Jt<.1n uoulcv,1nl alon~J tlw .r.1\\li,l tc, the curY,1, hnvi111J .1 r.~dl\1:0 u[ '.M"/,1,'I !1•..:I: .:111d ,1 cc:nt.r.:-,l 1.1nglo oE J~• -21•-.a", r,c,uth <::!'" -,:o•-Ju" 1;:,1-:,;t Ci0.00 feet to th" tru1.1 llOLnt ot l.it:,:Jl1111ln11~ c:c.r.:..;.irr.!.ni 11,91,9 i:,1ua.c fc.i.t ci:-0.2'1·> .lcc-.:s, r:ioro <If h:!::.. • I • • ,_ i- \ _ ______, \ l ....-~-,.., 'J.1.~-- • • • EXHIBIT 11 8" That port:ion of Logan A1Tenue north, North of 6th Stree located in Section 7, Township 23 North, .Ra;nge s East, li.H. State of Washington descr.ibed as folio.,,s: Beginning·at the Northwest corner of the inter&ection o~ Logan Avenue· North and 6th Street, thence~. o• -26'-18 .. E.· a distance of 1298 .. 87 1 , ·thence s. 19• -JJ'-42 .. B. a distance of s.oo•,"thence N. o•.-26 1 -10" E. a cU.&tance of 864. 73' ,' thenel! H. 41• -22 1 -31• If. ·· a distance of 25.Jl', thence N. 43• ~•1 1 -01., z. a · distance of 50.18 1 , thence s. ·41• -22 1 -31• E. a dis- tance of 43.92', thence s. 0° -26 '-J.e• W. a. distil.OCe Of 883.83', thence S. 89°.-JJ'-42., E. a distance: of 25.46', thence S. 0~ -26'-18 11 U',. a distance of 1298.87' 1:hence N. sg• -34 1 -11~.w. ~ di5tance of ao.oo• to the point of beg1Ming .. · An area of 3 .4J .4e.Z:es (!r .. ~ · 149,360.Sf s.~. ' ' ' l ' ., } .. trf :t ·•rz,,, .... r • . .,, '< I . . ' , ,. ... ,:...__., -~..e,__,_i'--'---t .· ' . ' ,-I r • • • "i.'h,1t r"'irt,o;, of f,.:.,:;L' 1>4)!':i:-.·:';::i., Utml..:11,H<l, ,1l,.;n knv,,rn ,r,; :!.:L'cci:n!.ir:, :.c.:t,i !!i-, ,1:,Jy uo. :i!A .and. 1•,,c1; t,11enu1t ir, 1{1::nton, 11.1:..~.in-1to"· .;::; :: • .i.tu.itc,J in th~ r:c.irth- ,..,e:i,;t QIJ..irtcr o! !:.cct.i.un. t. ~· . .,-..,;i:.;l\.i.1, '11 f!urch, rt.,rHJ..! ~ E.ii.t, U.1-1., J:lr:9 Cou:"J:~·, l1.'.!~!1ir.:;r::.or1, i,-,c,n,: p,1=tic::L'io1rly de1,erib.rcl ,i,S. r.ollc-..,,;; Co.:nr.iet1c:in7 ..at thi! intcr~.:!Ctioa of the !ioutll line <JC i;.:iid t!o=th:•e-s::. C.hJll.rtcr t•ith th,: ta~tcd~· 11bnrln:of. !::tu.<! 1,~t:c h.-:ii;hingt.on JJoulc:v.:,rd, ~.:.,it! p::,i.,.t of inti..:r:::.t.:c::io:'I .-:,.ho .beir:s: th.Ill Soutlr.~cst cornc1: o( the (!o.;,.i.ncJ Ci:>~: ... ,y•:::; u:.:i.ct kno·•n .i~ l'.1rc"l lY; t.11cl'I.Cc North o• -s1•-,i1M i.:~s:: .a!o.:., the J;:.:i:::.t..:rly ffl.Jrq.i.n oE :.,,id l,.akc H;1.-.;hin9ton Doulev.u:c! 1,26],i:J feet to .-1 point 30.00 fo'C!t ri.!)ht ot and mieasu:cd At ri",lht .11nr,,\e:s to the H.i:.hi119ton. !:tAtc llighw•y Oep•rtlf'~nt liorth 11.:ntan Intcrch.:m't!C C.:ntcrl.in.a Stat.i.oti "A", 0+00, ~.:iid st.ition being tho point Qf cucvAture of a curve to tht:. right of c1mterlll'le i.idi\!$ 572.96 feetJ thenc.:i, cont.inulr.!J !'i''lrth O" -57'-H"' l::.:is!:. alon9 the Easterly nar9.Ln of i:.aid L.:ake U..i~lilngton ; &oui..vatd 295.DI' feet t'o) the point of intcr:icctiO!"I with .a. curve cif ra1;Uus '17,·U fai11t h.lvin9 .l ncli.:.il beating Sout.h ,o• -30•-59-~a~t; then.ca con~inuing North o• -S7'-41 East Along a~id t~~tcrly 1N1r9in l.B~ feet; th1rnce t,u,,crnt:, to tl1c prcc')din!J cour::ic fl01"thc-s_tcc:ly don9 A curvv tO the r.iqht n.iving a ro1t!~u::i o! 267.G-1 feet and a.ccntr,1,l .nnqlc ot. 39:• -21'-<11" .iin .ire . dist.a.nee of 197.tiO ·tcl!t to the ttue p(>iut c,t he(Jinnin(J; thence contin1.1in9 North,...ii.turly .:.ilon<J ll,ai.d c,.u::vc.: ,lJ) ilCC d..i.t.t.imce ut '19.9J !cet t:o .i po:>inl: <,f rcver:;c c:ui:-v~turc of"' cv.rvt,1 to the l~ft of r.;,d.iu~ 2,112.:n feet: thenCc Korth•a~t~rly alon~ i:.~lQ curvU ta the left an ilr: !en.9th of l4S.~l !c•t-to n point or intersection 1,1ittl thi: Scutfflolll!lltcrly rn,iiri)in of ::;.,,id ttocth ~nton lnt:erchAn9e !ro• wh•ncc the center of ::;aia cu:v~ be:iri:. North 4)• -~o·-J~" licst; thence North ,ii;• -ll'-2~R • Huot along t.hc southwestc.dy 111.ar!,"in Of !..:i.id irit.crch.i·nge 60.06 fci=I: to .i.. point 01\ tll!E lforth-o1•stcrly r;14t9.i.n of sotid Lil.kc l1ashinqton LLoulov-,.rd :ind the·Sr;,ut.he~t.<ltly • ma.cqin o! the Buclir.;tor, :-ivct:hu::n P...i.i111.:i.y Rl.,yh.1:.-0l-W.iy, i:.aid point:. beins:: on o. curve ol r4,aiu.~ 2,0S2.J7 fee~ fco111 which _thrl ccnt.ec bears North l,l"' .-)C. '-ll" li.e~tr them::c Southwe1tcdy along-:;1:1i"d cunP. W\ · i,rc longt!i of D8.GD foet to a point ot' point of llU'lgen.i;:yi thcric.!! Sout.h so• ~r,3•-32• West: 3lon,g thC! So1.1thca:.turly t11.1r9"in of_ :.r.iicl llurUn9ton Na,d:hotrn nt.iilw-oily nlght-ot-u~y '!J.Ci2 let.ti tl111nco Sc:,,uth 39• -l<i'-20" .t:ur.t ~.GI! !c~t to .a· polnt o! 1n,t.cr:.ectlon 11lth tn.c Hlf!:.tcrly ni.:,."r?ln of !.:ll.id 1.W'.t! i-lA~hlnl;'ton Uoulcv,11:d, t:i.id pal.nt bci119" on n cui:v.: of rildius 347.,.41 !ce=t £r0fll whLch l:he c1:11tcr lic:.\C":.l 501..11:h ,:9• -110 1•38" £a:.t: thence 1Ct!Jl11,9 ~:i.i.d 1·/<?i:;t.crly 1:o..:ar:,"i.ll ot L411cu-11.ni.h.Ln9ton Uou.lcvo1rd nlorig tli.c .r-l!Jt.t,1 ' r r ' ,., . ' ./ l ! i i I ' to thti curve=, lu,11vl11g .,_ i-aC.lui. of J1,1.Gti ru~t. mul ia ccnt::-1!.l nnglc· ol J.9• •H 1 --t,P, !iouth·119• -iio•-::u .. 1:tii.;t (,0,t,O fct:t to :;~~ t.;-Llo! ?QJ.nt. o! .b<i•Jinnln9. C~:,~.:i.:ii:i,.:;· l.!.,9f.!) r:;u.:ito teet Dr 0.27., :i.c:ra~,-r.riorc c.,~ .!,;,~:;. ' ' . t, ,.::'-[,, . 1 cx1110IT C P' e l ot 2 I "'"""'·ett"·ia:1@1:t"iir't·-·"J:5s cc·c ·rrna I • • st· rttb"C:0¥ · .. --,,;,,.·:,. :·,·!•,"!".L-e.•'· l- ·i J .' • • • That. porHon of 1-ofAn I\Vi!n~ t:(lrt.h, llott.h of 6th. Straet l.oc:otc4: .i.n S1 ctloft 7, Tovn~h!p ,:3 Norct.b, Ilan!JO 5 Ea.5t., t~.H. Stat.c of H41-i;.alngton d.scr.lbcd .ou: Collowa: ll-eilnn1~g at t.hc Mortbwe•t cornar ot the inter~ection of Lo9an Avenue Worth and 6th strc•t, thchc~ H. o• -2G'-lr r:. 11 dhtance of 1291.17', that,ee s. B9'" -lJ'-42" E. A dtat&nca of s.oo•, thence ff. o•.-2a•-1a• E..-a-dht.,llca cf tlilll.73 1 , thenca N, 41• -22•-31• 1r, ·• o dlr:ta.nc:a ol 25,Jl\, thenc:G If. -u• -+1•~01• E'. a • distanc• ICl.t' 50.ll', thiance s. <11•·-22•-n• E. •dis-. ta.nee of U.92', thence s. 0 .. -26 '-l!I" H. 11: diat•nce. o! ltJ.ll', the1U:e S. l!>•.-3J'-42" E . .n cli.s;ta.nc:c of 25.4G', thence s. ·o~ -2G'-l.8" It. t1 dii:bnCC! of uu.e·,.; thence ff, It• -J.4 1 -11•.1,1. a dht•no:: af .80.0CI' to the point of bcglnnin9. An Area of l.U acres <?r ·-·~ .. , tr ,{' . :: - 149,360,58 S,f. rt.·· 'UU18%T C ,a,. 2 of 2 .•. ~: --~·: ;_ ' f t·r::t>s·zrb f I • • JS' r' ·-·---j • • .-.. "·-· • • ,., ~.._ • / 9612120855 11 I ./. I I L' I . -·--· ·----------··-··-·' --------_., _p ·-·->::.=··-,. ..... ,,-...... ··-~ ... ,.,,. ···' -IJ,,~·:.'.::r:.'.:;:;;:.::: .... .:.:-···· .... ~ ,._., ___ ....... -......... ,..,. .... .. -::=--..=. ':":..:=.:... '";,;.'.~~ ~=-· -t.. ....... -4 ..... ---.. " .. ,__,.., ..... , 11, ___ ,_,,,.,,_,,,,,, .. i.·--·--··· ... , ............. :t:::=::=.::::7.::.::::.:: .. -·-· I 1· • • --~---"--• .h'C" • u . . . -. ---.. --------1·-···-· ---------· __ .. 11---• , l'or. li\'lJlkt ·· .. ----·----~--' .. -... . ,"'1 • • ...n --, ._,., = = = ~ = = WHEN RECORDED RETURN TO Thomas A Barkew,tz Alston, Courtnage & Bassett, LLP 1000 Second Avenue Suite 3900 Seattle, Washington 98104-1045 JIii 111.ee Document Title: Declaration of Covenants, Conditions and Restrictions and Grant of Easements for Southport Grantor: Southport, LLC Grantee: Southport, LLC Legal Description: Abbreviated Legal Description: Lots 1-4 of Renton Short Plat ~o LUA- 99-134-SHPL Full Legal Description: See Exh1b1t A attached Assessor's Tax Parcel Nos.: 052305-9076-03 Reference Nos. of Documents Released or Assigned: Not apphcable DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS AND GRANT OF EASEMENTS FOR SOUTHPORT ~ THIS DECLARATION 1s made this 14th day of November, 2000, by SOUTHPORT, LLC, a Waslungton limited hab1hty company, whose address, 1s 10843 N E 8th Street, Suite 200, Bellevue, Washington 98004 RECITALS A Declarant 1s the owner of that certam real property located m the City Renton, Kmg County, Washmgton legally described m Exh1b1t A attached to this Declaration (the "Property") The Property 1s currently known as Southport A site plan for the Property 1s attached as Exh1b1t B B Declarant desJres to create certain easements over and across the Property to assure the proper and efficient development, operation and funct1onmg of the Property, to create prov1s1ons for the construction, mamtenance and operal!on of common areas and 3129\005 11/13/00 TBA RKE\SEC.O\S.OUTJ-l?OR I -!-(!} = = = c-.., other bu1ldmgs and improvements now or hereafter located on the Property, and to make certain other covenants and agreements relating to the Property as more specifically set forth in this Declaratlon DECLARATION NOW, THEREFORE, Declarant declares that all of the Property 1s and shall be held, conveyed, hypothecated, encumbered, leased, transferred, sold, occupied, built upon or otherwise used or improved in whole or in part, subJect to the covenants, cond1t1ons, restnct1ons, and easements ("Covenants") hereinafter set forth and all of the Covenants herein contained are declared and agreed to be in furtheran~e of a general plan for the subd1v1s1on, improvement and lease or sale of the Property and are established for the purpose of enhancing and perfectmg the value, des1rab1hty and attractiveness of the Property and every part thereof 1 1 SECTION I PURPOSE Purpose It 1s the purpose of th.ts Declaration to (1) Ensure that the Property will be maintamed as an attractive settmg for office, hotel, res1dent1al, retail and other consistent uses with ample landscaped areas, attractlve high-quality structures, proper and desirable use, and appropnate development of all of the Property, (u) Protect the Owners and Occupants of the Property against improper and undesirable uses of the Property, (rn) Encourage the construcllon of attractive Improvements in appropnate locations, (1v) Prevent haphazard and inharmonious development of the Property, (v) Secure and maintain proper setbacks from streets and adequate spaces between structures, and provide high quality development on the Property I 2 Interpretation Sectlon 1 shall be used by the Declarant and the Association as a general standard m mterpretmg the prov1s1ons ofth1s Declaration andJudgmg performance hereunder, in the preparat10n and rev1s1ons of the Gu1delmes, in approvmg or d1sapprovmg the development of Lots, and m carrymg out the overall development of the Property 3129\005 11113/00 TBARKEl~ECO\SOUHIPORl -2- SECTION 2 DEFINITIONS 2 1 Beneficiary means the beneficiary under terms of a Deed of Trust or a mortgagee under terms of a mortgage 2 2 Board of Directors means the governing body of the Associa!Jon as described m Section 5 2 3 Bu1ldmg means and include the pnnctpal structure or structures on any Lot, mcludmg all proJectmns or extensions thereof, and all garages, outside platforms, out bmldmgs, decks and other ancillary structures and facthties, except where ancillary structures and fac1hties are otherwJse specifically referred to herem 2 4 City means the City of Renton, Washington, a Washington municipal corporat10n, located m the County 2 5 Common Areas means those port10ns of the Property now or hereafter designated as common areas by Declarant or, after its formation, by the Association, mcludmg pnvate roadways to serve all or part of the Lots and all curbs, gutters, signs, sidewalks, driveways and landscape areas adJacent to the pnvate roadways serving the Lots, mcludmg, without hmitatmn, the Mam Access Road, the Pedestrian Promenade (which will include a landscape feature) and the Monument Sign and all hghtmg, utthty, spnnkler and other systems, eqmpment and facilities located on or servmg the Common Areas, as such may be altered, reconstructed, expanded or withdrawn by Declarant or the Association from tJme to time For the purposes ofth1s Declaration (mcludmg, without hm1tahon, the easements set forth m Section 6 4), the Mam Access Road and the Pedestnan Promenade will be generally located m the area shown m Figure I and Figure, 2, respectively, attached to this Declaration The parties acknowledge that the actual location and d1mens10ns of such Common Areas may not be determined until the Improvements to be constructed on the Common Areas are completed The parties to this Declaration agree that, upon completion of the Common Area Improvements, the Association shall obtain a survey of such Common Area Improvements showmg the exact location and d1mens1ons of each such Common Area and a Legal Descnpt1on therefor The parties to this Declaration further agree that, upon receipt of such survey, the Assoc1at1on shall record in the real property records ofKmg County, Washington, an amendment to this Declaration showing the actual location and d1mens10ns of each Common Area Notwithstandmg the foregoing, and except for mmor adjustments to reflect the as- bmlt location of the Mam Access Road and Pedestnan Promenade, neither Declarant nor the Assoc1at1on may designate add1t1onal common areas on any Lot without the pnor wntten approval of the owner of such Lot 2 6 County means the County ofKmg, State ofWashmgton 31291005 11/13100 -3- 1 !:JARK.E ,\r CO\\OUTHPOR f = = = ,,.., 2 7 Covenants means the covenants, cond1t10ns and restnct1ons ,et forth m this Declaration and as It may be amended or supplemented from lime to time hereafter 2 8 Declarant means Southport, LLC, a Washington hm1ted hab1hty company and its successors and assigns Declarant's assigns shall be deemed to mclude any party whom Declarant designates, by means of a notice Recorded m the Official Records, as the party who, from and after the date such notice 1s Recorded, will perform Declarant's funct10ns under this Declaralion Any such des1gnat1on may be made with respect to all or any portion of the Property, provided that m the event that any Person or entity 1s so designated as Declarant for only a portion of the Property, then the nght and power to make, give or take any consent, approval or other action reqmred of the Declarant under this Declarat10n with respect to such port10n of the Property, and any nghts of the Declarant under this Declaratlon with respect to such port10n of the Property, shall be deemed lodged solely and exclusively m the Person or enlity so designated as Declarant with respect to such portion of the Property 2 9 Deed of Trust means a deed of trust or mortgage on any portion of the property or leasehold mterest therem 2 IO Gmdehnes means the Southport Level II Site Plan dated December 15, 1999, approved by the City of Renton for the development of the Property, together with any standards, restnct:Jons, regulations and cntena apphcable thereto, as the same may be modified or supplemented from time to lime, winch Guidelines shall be referred to by Declarant and the Assoc1at1on m mterpretmg the mtent ofth1s Declaration and provided that the Gmdelme approximate building areas (excluding parking uses) shall be Lot4 Lots 2 and 3 Lot 1 Office Res1denllal Hotel Retai I/Restaurant 750,000 square feet 394 umts 220 rooms 40,000 square feet Notw1thstandmg the foregoing, 1f the development of a hotel on Lot 1 1s not economically feasible or, 1f despite reasonable best efforts, a suitable hotel operator cannot be found, Lot l may be developed for office and/or retail use, subJect to the height, bulk and s1m1lar requirements and restnc!Ions set forth m the Gu1dehnes, or 1f such development 1s not m comphance with the Gmdelmes, such other cntena as may be approved by the Owner of Lot 4 A copy of the Guidelmes shall be mamtamed m the offices of Declarant and the Associallon 2 11 Improvements means and mclude Bmldmgs, structures, Signs, fixtures, dnveways, parking, loadmg and/or storage areas, fences, sidewalks, other walk and/or 3129\005 11113/DD TBARH\,ECOl50UTHPOR r -4- bicycle ways. paved areas, curbs, gutters, antennae, satellite dishes, tanks, towers, hoppers, storage bins, fixed machinery, transformers, walls, screens and barriers, retaining walls, bndges, drainage structures, stairs, decks, landscaping, water hydrants, poles, grading changes, loading areas and all other structures or Improvements of every type and kind, name and nature and all add1t1ons, alterations and changes thereto, except where such specific Improvements are md1v1dually referred to herein 2 12 Lot means any parcel of real estate contained w,thm the Property as d1v1ded or subd1v1ded on a subd1v1s10n plat or map or bmdmg site plan recorded m the Official Records Tnd1v1dual Lots are referred to m tlus Agreement by the number of such Lots m the Short Plat (1 e, Lots!, 2, 3 and 4) At such lime as any add1t10nal parcels are created by the subd1v1s10n of any eXJstmg Lots, each such newly separated parcel will be treated as a Lot for all purposes under tlus Declarat10n 2 13 Mam Access Road means that Common Area on which the main access road to the Property 1s located, which Common Area ts shown on the map attached to this Declaration as Figure l "Monument Sign" means the monument-type sign for Southport to be developed and mamtamed by the Assoc1at10n as provided m Sect10n 4 8 below 2 14 Occupant means any Person, other than an Owner, and the successors and assigns of any thereof that 1s m possession of or otherwise occupying one or more Lots at any particular llme or limes, whether as a lessee, sublessee, licensee or pursuant to any lease, sublease, hcense or other nght of occupancy with or through the Owner of such Lot or Lots 2 15 Official Records means the real property records of Kmg County, Washmgton 2 16 Operator means Declarant or a person or entity designated by the Association as having respons1b1hty for mamtammg the Common Areas 2 17 Owner means, at any particular lime or times, any Person, and the successors and assigns of any thereof that owns fee simple litle to one or more Lots, as shown by the Official Records, provided, however, that a Beneficiary shall not be deemed to be an Owner so long as tis mterest m the particular Lot or Lots 1s for purposes of secunty only 2 18 Owner's Associat10n (somel!mes referred to as the "Assoc1at1on") means the assoc1at1on ofO,.ners created and descnbed m Section 5 2 19 Pedestnan Promenade means that Common Area on which a pedestnan walkway Will be located, which Common Area 1s shown on the map attached to this Declarat10n as Figure l The landscape feature w1thm the Pedestnan Promenade will be located m the area designated on Figure 2 for such feature J 129\005 11/11/00 TBARKLISEC0\SOUTHl'OR1 -5- • 2 20 Perm1ttee means a person or entity, m add1t1on to an Owner or Occupant of a Lot, who 1s enutled to use the Common Areas as an employee, agent, licensee. customer or mv1tee of an Owner or Occupant 2 21 Person means an md1v1dual, group of md1v1duals, corporation, limited hab1hty company, partnership, trust, unmcorporated busmess assoc1auon or such other legal entity as the context m which such term is used may imply 2 22 Property means all of the real property descnbed m Exhibit A and such add1t1onal real Property as may be added from time to time 2 23 Record or Recorded means, with respect to any document, the recordatJon of the document m the Official Records 2 24 Short Plat means the Seco Development, Inc Southport Short Plat approved as Renton Short Plat Number LUA-99-134-SHPL, recorded January 31, 2000 under recordmg number 20000131900006 m the Official Records. 2 25 Sign means any structure, device or contrivance and all parts thereof which are erected or used for advert1smg, directional or 1dent1ficatton purposes or any poster, bill, bulletm, pnntlng, lettering, pamtmg, device or other advert1smg of any kmd whatsoever, which ts placed, posted or otherwtse fastened or affixed to the ground and/or structures wt!hm the boundanes of the Property 2 26 Subd1v1s10n means any bmdmg site plan or subd1v1s10n plat or map Recorded with respect to the Property or any port10n thereof in the Official Records SECTION3 REGULATION OF USES 3 l Approved Uses Lots within the Property shall be used for purposes allowed by the zoning for the Property and consistent wtth the Guidelines The foregoing shall not, however, prevent Declarant from constructing, ownmg, operating, leasing or conveying real property withm the Property for servtce fac1ht1es consistent with the purposes of this Declaration 3 2 Compliance with Governmental Regulattons All uses and act1v1t1es on each Lot shall comply, at the sole expense of each Owner, with all applicable governmentdl regulations and the development approvals issued for the Property mcludmg, wtthout lim1tat1on, the Gmdelmes, the City of Renton Substantial Development Permit #LU A 99- 189, SA-A, the Washington State Department of Ecology Permit #2000-NW-40003 and the Southport Planned Act10n M1t1gat10n Document prepared by the City of Renton, dated September 17, 1999 All uses and operations shall be earned out so as not to cause a nuisance to adJ3cent Lots Each Owner reserves the nght to seek to amend or cause to be J 129\005 11/13100 -6- I BARKE\SECO\SOUTI IPOR f - amended any of the governmental regulahons, mcludmg all governmental zonmg laws and regulations, and development approval cond1t1ons as they relate to the Property or any portion thereof, provided that such amendment does not further hm1t the uses allowed on Lots owned by any other Owner, nor increase the costs to develop, operate or mamtam the Common Areas Without hm1tmg the foregomg, the Owner of Lot 4 may seek clanficat10n of the Gmdelmes and related approvals to permit the development ofup to 750,000 square feet of office on Lot 4 and, subJect to the prov1s10ns of Section 2 IO above, the Owner of Lot I may seek clanficatrnn of the Gmdelmes and related approvals to permit office and retail uses on Lot 1 3 3 Comphance with Non-Oppos1hon Agreement All uses and achv1t1es on each Lot shall comply, at the sole expense of each Owner, with all apphcable prov1s1ons of that certam Non-Oppos1hon Agreement dated September 27, 1999 by and between Michael Chnst, One, LLC, the Boemg Company and the City of Renton (the "Non-Oppos1t1on Agreement"), as such Non-Oppos1t1on Agreement may be revised by the parties to 1t The Non-Oppos1t10n Agreement 1s attached as Exh1b1t C 34 Use Restnct1ons (1) No use shall be permitted on the Property which 1s mcons1stent with the Gmdelmes and the operahon of a first-class mixed use center Without ltm1tmg the generality of the foregomg, the followmg uses shall not be perrmtted (a) Any use which emits an obnoxious and offensive odor, noise, or sound which can be heard or smelled outside of any bu1ldmg on the Property, (b) Any operat10n pnmanly used as a warehouse operat10n and any assembling, manufactunng, d1stilhng, refimng, smeltmg, agncultural, or mmmg operation, (c) Any d1sposmg, mcmera!Ion or reducuon of garbage (exclusive of garbage compactors located near the rear of any bmldmg), other than for garbage generated by the respective Lot Dumpmg of garbage 1s, notw1thstandmg the source thereof, proh1b1ted All garbage compactors and garbage and recycling contamers must be screened with landscapmg or attractive architectural features so that such compactors and contamers are not v1s1ble from the Mam Access Road or the Pedestnan Promenade (d) Any dumpmg, d1sposmg, mcmeratwn, or reduction of garbage (exclusive of garbage compactors located near the rear of any bmldmg), (e) Any fire sale, bankruptcy sale (unless pursuant to a court order) or auctwn house operation, (f) Any commercial bowlmg alley, and 3129\00l ll/13100 -7- fBARKf\S[CO\SOUTHPORl •, (g) Any estabhshment sellmg or exh1b1tmg pornographic matenals, (11) No Perrmttee shall be charged for the nght to use the Common Area (rn) Each Owner shall cause the employee, of the Occupants of its Lot to park theu vehicles only on such Lot unless other arrangements are approved by the Associallon or as agreed to under easements among the Owners See Section 7 below (1v) This Declarat10n ts not mtended to, and does not, create or impose any obhgat10n on an Owner to operate, or cause to be operated, a busmess or any particular busmess on the Property or on any Lot (v) No Owner shall use, or permit the use of Hazardous Matenals on, about, under or m its Lot, or the Property, except m the ordinary course of its usual business operat10ns conducted thereon (mcludmg the marme fac1hty mtended on Lot!), and any such use shall at all limes be m stnct compliance with all Environmental Laws Each Owner shall mdemmfy, protect, defend and hold harmless the other Owners from and agamst all claims, smts, actions, demands, costs, damages and losses of any kmd, mcludmg but not hm1ted to costs or mvest1gat1on, hl!gallon and remedial response, artsmg out of such Owner's breach of the obligation set forth m the immediately precedmg sentence For the purpose ofth1s Sect10n, the term (1) "Hazardous Materials" means petroleum products, asbestos, polychlormated b1phenyls, rad10acl!ve materials and all other dangerous, toxic or hazardous pollutants, contammants, chemicals, materials or substances hsted or identified m, or regulated by, any Environmental Law, and (a) "Environmental Laws" means all federal, state, county, mun1c1pal, local and other statutes, laws, ordmances and regulations which relate to or deal with human health or the envuonment, all as may be amended from time to lime 3 5 NotJfical!on and Cure Penod !fa v10lation ofth1s Declaratwn 1s claimed by Declarant, an Owner, or the Associat10n, then written notice of the v10lat1on shall be dehvered to the Owner m v10lat1on The Owner rece1vmg the notice will have sixty (60) days to cure the vtolat10n or show good faith that such v10latwn 1s m the process of bemg cured lfthe Owner m v10lat1on fails to cure the v10lat1on Wlthm such 60-day penod or a further reasonable ttme, then the Assoc1atmn may, at tis option, proceed with any legal means to cure the said v10latton If the Assoc1a!Jon fails to cure ma timely manner, then any Owner shall have the ngbt, but not the obhgahon, to cure and be reimbursed by the Owner m v1olat1on, mcludmg all expenses, legal fees, and mterest thereon SECTION 4 DEVELOPMENT 4 1 Development Standards Development of the Property shall be m accordance with the Gmdelmes and this Declarat10n All Improvements constructed w1thm the Property will be constructed of first quahty construction, usmg high quahty materials, finishes and 3 [29\005 l l/13/00 -8- I BARKLl!>L(O\',OUTHPORT • c..:, c::, = "' details, and will be archllecturally designed so that they are esthetically compatible and harmomous with the other Improvements on the Property No Buildmg or other Improvement on the Property will be built m such a manner as to adversely affect the structural mtegnty of any other Bu1ldmg or Improvement on the Property All Improvements shall be mamtamed and operated m a manner consistent with a first class commercial and res1dent1al development 4 2 Underground Uhht1es Except for easements or utilities existmg as of the date ofth1s Declarat10n, and hoses and the hke which are reasonably necessary m connectJon with normal lawn and landscapmg mamtenance, and except as otherw1 se reqmred by any utility provider, no water pipe, sewer pipe, gas pipe, drainage pipe, telephone, power or television cable, or similar transmiss10n !me on the Property shall be installed or mamtamed above the fimshed grade of the ground All utilities servmg the Common Areas will be separately metered 4 3 Utthty Lmes and Rooftop Egutpment No sewer, dramage or utility Imes or wues or other devices for the commurucation or transmission of electnc current, power, or signals, mcludmg telephone, televis10n, microwave or radio signals, shall be const:ucted, placed or mamtamed any where m or upon any portion of a Lot other than withm butldmgs or structures, unless the same shall be contamed m conduits or cables constrncted, placed or mamtamed underground or concealed m or under bmldmgs or other structures All rooftop eqmpment (mcludmg, without hm1tahon, antennas and satellite dishes for the transmission or recept10n of telephone, telev1s10n, microwave or radio signals) placed on any Lot shall be appropnately screened from view, provided, however, that the Assoc1at10n, by maJonty vote of the Board of Directors, may permit variances to this screening reqmrement, if such reqmrement would have an adverse effect on the warranty of any such rooftop equipment, or would result ma safety hazard, but only 1fthere 1s no reasonably economic alternative to the variance of the screemng requuement, and notwithstandmg such vanance, the rooftop eqmpment cannot be seen from the street level or wmdows on the first occupied floor of any Improvements on the property With respect to the res1dentrnl developments on Lot 2 and Lot 3, rooftop design, use and screenmg s1m1lar to the Belle Arts proJect at 111 -108 1h Avenue NE m Bellevue, Washington will be permitted 4 4 Mechamcal Equipment All mechanical eqmpment, storage tanks, generators, a,r cond11Jonmg eqmpment and similar items shall be screened with landscapmg or attractive architectural features 4 5 Time for Complet10n of Construction After commencement of construction of any Improvements or phase of any Improvements, the Owner thereof shall d1hgently prosecute the work thereon to the end so that the Improvements shall not remam m an unfimshed condition any longer than reasonably necessary for comp!el!on thereof Dunng construct10n, the Owner shall mamtain the Lot ma reasonably neat and orderly condition, preventmg the accumulatJon of trash and prevent more than normal runoff of surface water 3129\00; 11/13/00 TBARkEISECO\,OIJ rHJ>ORT -9- C> = = "' and s01l from the Lot onto adjacent property or streets The Owner shall also be responsible for the costs of traffic control and security with respect to the Improvements and for any clean-up and repair of Common Areas, Streets or other public areas attributable to the Improvements The requirement to complete construction of any phase of any improvement on any Lot m a d1hgent and contmuous manner shall be sub1ect to acts of God and circumstances beyond the control of an Owner Completion of construction shall mclude completion of all landscapmg as reqmred by the City of Renton If a certificate of occupancy or similar letter of completton for a shell building is not issued within thirty (30) months years of the date of commencement of construction of any phase of the Improvements, the Declarant, the Association or any Owner shall have the option to proceed with such construcllon or remove such incomplete Improvements in accordance with the cure provisions herein Costs incurred by the Declarant, the Association or any other Owner m connection with such removal or construct1on shall be paid by the Owner of the affected Lot and aJI such costs and expenses incurred by the Declarant, the Associauon or any other Owner shall bear mterest from the due date at the rate of eighteen percent ( 18%) per annum 4 6 Excavat10n No excavation shall be made on any Lot except m connection with construct10n of Improvements, as required by any regulatory agency, to mamtam the developabihty of the Lot (1 e, storrnwater dramage retenllon areas) or as may be directed by a master utlhty, gradmg or drainage plan Upon completmn of construct10n of Improvements on the Lot exposed openmgs shall be backfilled and disturbed ground shall be smoothly graded and hydroseeded or, at the Association'~ election, landscaped 4 7 Further Subdivis10n It 1s Declarant's mtent to separate that portion of Lot I lymg withm Lake W ashmgton from Lot I at some time m the future, makmg that portmn of Lot I a new and separate Lot governed by this Declaration Other Owners may further subdivide their Lots, with each such Lot bemg governed by this Declaratmn, provided, however, that such subd1vis10n comphes With the Gmdelmes and all other applicable governmental regulattons and the reqmrements ofth1s Declaratwn 4 8 Signage A signage plan for the Property will be developed and approved by the parties to this Declarat10n Such s1gnage plan shall mclude the Monument Sign, to be located adjacent to the entrance to Southport along Lake Washmgton Boulevard, or at the first pomt along the Mam Access Road which 1s w11hin Southport The Monument Sign shall mclude the opportunity for reasonable identtficatwn of maJor office tenants m the office developed on Lot 4, the hotel to be developed on Lot I (which shall have prominent s,gnage), the residentlal projects on Lots 2 and 3, and any restaurants and maJor retailers SECTION 5 OWNER'S ASSOCIATION 5 I Forrnatwn of Assoc1at1on So long as Declarant owns all of the Property, all references m this Declaration to the Associat10n shall be understood to mean Declarant, and 3 129\005 t I /J 3/00 -10- I BARt,..E\5ECO\"iOUTHPOR I Declarant shall have the nght to exercise all powers and dulles and shall have all authonty and benefits otherwise provided m this Declaration for the Assoc1atton At such ume as Declarant no longer owns all of the Property or otherwise elects m wntmg to establish the Association, the Declarant shall cause the Assoc1at1on to be created by mcorporatmg a not- for-profit corporatton under the laws of the State of Washmgton to be called "Southport Owners Assoc1at10n" or a similar name selected by Declarant Upon the fonnat1on of the Association, every Owner of a Lot shall automatically be and become a member thereof dunng, and only dunng, all penods of such Owner's ownership of such Lot The Association shall be governed m accordance with articles and bylaws to be prescnbed at the time of formation of the Associat10n Pursuant to such articles and bylaws, the purposes of this Assoctatton shall be to enforce the Covenants, to own and/or mamtam certam Common Areas as designated by tlus Declarat10n and accepted by the Association from time to ttme, to assume such other obligations mth respect to the Property as the Association deems appropnate, and to fulfill such other purposes as the Association may deem necessary or appropnate to enable the Assoc1at10n to carry out the purpose and mtent of this Declaration No Occupant or other thud party may exercise any nght or pnvilege of a member of the Association except pursuant to a wntten proxy issued by the Owner of the Lot and on file With the Association 5 2 Board of Directors The articles of mcorporat1on and bylaws of the Associatrnn shall provide that the Assoc1atton shall be governed by a Board of Directors cons1stmg of seven (7) directors At such time as the Declarant no longer owns all of the Property the directors will be selected by the Owners as follows (1) two (2) directors will be selected by the Owner or Owners of Lot I (u) two (2) directors will be selected by the Owner or Owners of Lots 2 and 3, and (m) three (3) directors will be selected by the Owner or Owners of Lot 4 The directors selected by the Owner of each Lot shall serve at the d1scre1ton of such Owner, and may be removed or replaced at any ltme and from time to time by such Owner In the event any ex1stmg Lot 1s subd1v1ded, the Owner of such Lot may allocate the d1rectorsh1ps for such Lot as such Owner may determine 5 3 Assessments (1) The Assocrnt10n and its obltgaltons hereunder shall be financed by annual assessments and special assessments which shall be allocated among the respective Owners of Lots pursuant to the further prov!Slons hereof The Association will be responsible for mamtammg the Common Areas m good condtlton and repatr m accordance with Sectrnn 6 2 below The Board of Directors WIii, m its sole d1scret1on, select a Manager or Operator responsible for mamtammg the Common Areas Mamtenance expenses for the Common Areas will be borne by Owners as set forth m Section 6 3 of this Declaration (u) Each year the Board ofDtrectors of the Assoctatton shall prepare and approve an armual assessment budget (the "Budget") which shall mclude a reasonable esltmate of annual normal expenses and a reasonable contmgency reserve for future years J 129\005 11113100 TBARHl>ECO\SOU THPORT -11- Except for the specific maintenance costs to be borne by Owners as set forth in section 6 3 of this Declarat10n, the costs of operating the Association, as set forth in the Budget, shall be spread and levied on each Lot, as follows Until such time as development occurs or commences in the portion of Lot I beyond the shore of Lake Washington, the allocation of costs of the Associal!on other than mamtenance of the Common Areas shall be as follows Lots l, 2 and 3 Lot4 50% 50% The costs as among Lots I, 2 and 3 shall be shared equally Begmnmg at such lime as development occurs or commences m the portion of Lot I beyond the shore of Lake Washmgton, the allocat10n of costs of the Assoc1ahon other than mamtenance of the Common Areas shall be adjusted by the Association to reflect the usc associated with such development, based upon tnp generahon or similar en ten a (m) From lime to lime dunng any year, the Board of Dm:ctors may spread and levy add1t10nal special assessments agamst the Lots for extraordinary or unforeseen expenses to be levied in the same manner as the annual Budget (1v) All assessments levied shall be payable at such time or times as determmed by the Board of Directors The payments shall be due w1thm thirty (30) days after the due date of notice of such levy Assessments not paid on the due date thereof shall accrue interest at the lesser of eighteen percent ( 18%) per annum or the maximum interest rate legally allowed for such obhgat10ns in the State of Washington (v) The amount of any assessment not paid on the due date thereof together with all mterest from tlme to time accrued thereon shall constitute a hen upon the Lot, which hen may be enforced and foreclosed m accordance with the prov1s1ons of Sectwn 9 5 4 Review of Association Books and Records Upon the request of any Owner, the Assoc1at10n shall provide such Owner reasonable access to the books and accountmg records of the Associat10n Any Owner, at such Owner's ,ole cost and expense, may conduct an audit of the Associat10n' s books and accountmg records If such audit discloses a discrepancy m excess of five percent (5%) of the Assoc1at10n's annual operatmg budget, the Assoc1atwn shall revise its budget and/or its associated assessments to the Owners m keepmg with the findmgs of the audit 5 5 Other Prov1s1ons The artJcles and by-laws of the Association shall contam such other prov1s10ns as the Owners may deem necessary or appropriate for the Associat10n to carry out the purposes and mtent of this Declaration J 1291005 11/13100 TBARKE\SECO\'=iOUl HPOR f -12- = = = ,:-, 5 6 Commencement Assessments relating to the opcratmg costs of the Associal!on, msurance mamtamed by the Association, and similar non-mamtenance expenses shall begm when the Associatlon is formed and such costs are mcurred, and shall be allocated to all Lots regardless of whether or not such Lots have been developed Assessments relatmg to the mamtenance and repair of Common Areas shall commence as to each Lot upon the issuance of the first permit authom:mg occupancy of any Improvements on such Lot, and Lots that are not developed do not have to pay any such mamtenance expenses Dunng constructlon act1vit1es, any mamtenance or repair costs to the Common Areas arising due to construchon use shall be allocated to the Lot or Lots whose construct10n actlvihes give nse to such maintenance and repairs, as reasonably determmed by the Associat10n SECTI0N6 COMMON AREAS; EASEMENTS 6 1 Common Areas The Mam Access Road, the utihtles not otherwise to be maintained by the provider of such utilities, the Pedestrian Promenade and the Monument Sign are all Common Areas of the Property 6 2 Mamtenance of Common Areas Followmg the1r m11Ial mstallahon, the Associat10n shall be responsible for the maintenance, upkeep, repair, resurfacmg and improvement of the Common Areas to mamtam them m a good, samtary, attractive and first-class cond1110n and on a consistent basis throughout Southport Such mamtenance and repair shall mclude, without hm1tat10n, mamtenance and replacement of trees, shrubs, vegetation, 1mgation systems and other landscapmg w1thm the Common Areas, repair and mamtenance of all centrally metered uhhttes, mechanical and electrical eqmpment in the Common Areas, repair and maintenance of all roadways, walkways and sidewalks within the Common Areas, and mamtenance and repair of the Monument Sign 6 3 Maintenance Costs The cost of mamtenance and repair of the Common Areas oflmprovements w1thm the Common Areas shall be paid as follows, unless otherwise agreed to m wntmg by the Owners Unttl such time as development occurs or commences in the portion of Lot 1 beyond the shore of Lake Washmgton, the costs of mamtenance and repair of the Mam Access Road and related landscapmg, walkways, ut1ht1es and hghtmg shall be allocated as follows Lots I, 2 and 3 Lot 4 3129\005 1111]/00 TB/\RKL\\ECO\t;OUTHl'OR I -13- 50% 50% = = = c-, The costs as among Lots I, 2 and 3 shall be shared equally Begmnmg at such time as development occurs or commences m the portion of Lot I beyond the shore of Lake Washmgton, the allocatlon of costs of mamtenance and repair of the Mam Access road and related landscapmg, walkways, ullht1es and hghtmg shall be adjusted by the Assoc1at1on to reflect the use associated with such development, based upon tnp generat10n or s1m1lar criteria The cost of mamtenance and reparr of the Pedestrian Promenade and related landscapmg, walkways, ullhlles and hghtmg shall be shared by the Owners of Lots I, 2 and 4 as follows Lot 1 and Lot 2 Lot4 50% 50% The allocallon as among Lots I and 2 shall be determmed based on the percentage (as between Lots 1 and 2) of linear foot frontage of each of Lots I and 2 on the Pedestnan Promerrade Each Owner shall mamtam its Lot or Lots and the Improvements thereon (mcludmg Landscapmg and arry access roads rrot part of Common Areas) ma safe, first-class cond1t10n consistent with the other Lots and Improvements If any Owner fails to mamtam its Lot and the Improvements required to be mamtamed by such Owner m such manner (the "Non- Complymg Owner"), the Assoc1atlon may give such Owner written nol!ce of such failure to mamtam the Non-Complymg Owner's Lot m accordance with this Declarallon The Non- Complymg Owner Will have sixty (60) days to cure the failure, or provide the Association evidence that the Non-Complymg Owner 1s d1hgently proceedmg to cure its failure If the Non-Complymg Owner does not cure its failure w1thtn the 60 day penod, or any reasonable longer penod supported by the evidence presented to the Assoc1atton, then the Assoc1ahon or any other Owner may, at its opl!on, proceed to take any ac!Jons 1t deems appropnate to mamtam such Lot, and the Non-Complymg Owner shall, on demand, reimburse the Assoc1at10n or any other Owner for all of the costs and expenses mcurred to rnamtam the Lot 64 Pnvate Easements (1) Subject to the hm1tatJons set forth m this Declarat10n, each Owner, as a grantor, grants and conveys to each other Owner as a grantee, the fol!owmg easements 31291005 11113/00 IBARKE\SECO\\OU fHPOR I -14- (a) A non-exclusive, perpetual easement for mgress and egress from pubhc streets and perm!Ued pn vate roadways adjacent to the Property for vehicular and pedestnan traffic over and across the Mam Access Road (b) A non-exclusive, perpetual easement for mgress and egress from the Lots, for pedestrian traffic only, over and across the Pedestnan Promenade (provided, however, that emergency vehicles will be permitted access over the Pedestrian Promenade to respond to emergency s1tuat10ns) (c) A non-exclusive, perpetual easement for parkmg along the Mam Access Road m such park.mg spaces and under such rules and regulat10ns as the Associat10n may determme, and consistent with any Parkmg Management Plan adopted by the Owners and approved by the City of Renton The Association will have the nght, but not the obhgat10n, to hJTe a third party parkmg management company to manage such parkmg (d) A non-exclusive, perpetual easement over, under and across the Mam Access Road for the mstallat1on, operation, use, maintenance, connection, repair, relocation and removal of utthty Imes servmg the grantee's Lot, mcludmg, but not hmaed to, water, sewer, gas, elecmcal, telephone and commun1cat10n Imes (e) A non-exclusive, perpetual easement over, under and across the fire access roadway to be constructed over a port10n of Lot 4 (the "Fire Access Road"), as shown m the attached Figure 3, for mgress and egress for emergency vehicular and pedestrian traffic and for the mstallatton, operatton, use, mamtenance, connect10n, repair, relocat10n and removal of ullhty !mes servmg the grantee's Lot, mcludmg, but not hm1ted to, water, sewer, gas, electncal, telephone and commurucatlon Imes The Owner of Lot 4 will use its best efforts to provide five (5) parkmg stalls w1thm the Fire Access Road for the use of the Owner of Lot l (or the Owner of any new Lot lymg withm Lake Washmgton) (11) Subject to the hm1tat10ns set forth m this Declarat1on, each of the Owners of Lot 2 and Lot 4, as a grantor, grants and conveys to the Owner of Lot I, as a grantee, a non-exclusive, perpetual easement over that portion of Lot 2 and Lot 4, respectively, w1thm the fife Access Road and/or Pedestrian Promenade as necessary for mgress and egress to and from a port10n of Lot I which mcludes the land lymg within Lake Washmgton, subject to such reasonable rules and regulat10ns as the Owner of Lots 2 and 4 may establish for the use of the marine fac1hty located on Lot l At such tlme as that porhon of Lot l lymg w1thm Lake Washmgton may be separated mto a new Lot, this easement will run m favor of the Owner of the new Lot (111) SubJect to the limitations set forth m this Declarat1on, each of the Owners of Lot l and Lot 2, as a grantor, grants and conveys to each other, as a grantee, a non-exclusive, perpetual easement over the roadway to be constructed between Lots I and Lots 2 as shown m the attached Figure 4 (the "Waterfront Access Road") for mgress and 3129\005 11/1)/00 TBARKF\5FCO\~OU I !!PORT -15- c...:, = = c,; egress and for the mstallat10n, operat10n, use, maintenance, connection, repair, relocation and removal of utility Imes serving the grantee's Lot, mcludmg, but not limited to, water, sewer, gas, electncal, telephone and commumcat10n Imes (1v) Subject to the reasonable rules and regulattons adopted for the use of each Lot by the Owner thereof, the use of all easements created by this Declarallon will, m each mstance, be non-exclusive and for the use and benefit of the Owners and their respecttve successors and assigns, and such agents, customers, invitees, licensees, employees, contractors, Benefic,anes, tenants and tenant's customers, mvitees, employees, licensees, contractors and agents as may be designated by each Owner from time to time (all of which persons will be Permlltees) Each Owner specifically reserves the right, at any time and from lime to time, to promulgate such reasonable rules and regulatmns applicable to the Owner's Lot as may be imposed to promote the health, safety, welfare and secunty of such Lot, the improvements located thereon and the Occupants and Perimttees of such Owner Each Ov.ner may, at any time and from ttme to ttme, remove, exclude and restrain any person from the use, occupancy or enJoyment of any easement created by this Declarat10n or the area covered thereby for failure to observe the reasonable rules and regulattons established as provided herem Ifunauthonzed use 1s bemg made of any easement area by any of the Owners or the1r respec!Jve Permittees, such unauthonzed use may be restrained or termmated by appropnate proceedmgs after wntten notice to the defaulting Owner and failure to abate such unauthorized use w1thm a reasonable time (v) No walls, fences or bamers of any kmd may be constructed or mamtmned m the Common Areas or any port10ns thereof by any Owner which wdl prevent or impair the use or exercise of any of the easements granted pursuant to this Sect10n 6 4 or the free access and movement of pedestnans and vehicular traffic, as applicable, among the Lots and adJacent pubhc streets and permitted pnvate roadways, provided, however, the Associalion may mslitute such reasonable traffic controls as may be necessary to gmde and control the orderly flow of traffic so long as access driveways to the parkmg areas m each o~er' s Lot are not closed and blocked Notw1thstandmg the foregomg, the Owner of Lot 1 may install fencmg, barners and gates consistent with the quahty of the Improvements on the Property to segregate that port10n (which may be pubhc or pnvate m its Owner's d1scret10n) of Lot I lymg w1thm Lake Washington from the remainder of the Property No O~er may grant any easement for the purpose set forth in this Section 6 4 for the benefit of any real property not within the Property except as set forth herein, provided, however, that the forego mg will not prohibit the granting or ded1catmg of easements by an Owner on its Lot to govemmentaJ or quasi-governmental authont1es or to pubhc ut1Itt1es 6 5 Public Easement SubJect to the limitations set forth m this Declaration, each Owner, as a grantor, shall grant and convey to the City of Renton, as a grantee, a non- exclusive perpetual easement for pedestrian traffic only over a port10n of Lots I, 2 and 4 located withm the Pedestnan Promenade to be more specifically described in an easement agreement to be executed by the parties to this Declaration (provided, however, that 3 129\005 1111 J/00 -16- I BARK[ \':,fCO\SOUTHPORT ..n emergency vehicles will be permitted access over the easement area described m Exh1b1t C to respond to emergency s1tuat1ons) SECTION 7 PARKING 7 1 Operation and Mamtenance of Parkmg Each Owner will construct and pay the costs of construct10n, opera!Jon and mamtenance of all parkmg fac1ht1es on such Owners Lot Each Owner shall manage its own parkmg fac1hlles or enter into a separate agreement with a thud party manager to manage such Owner's parking fac1ht1es 7 2 Lot 4 Parking Easements The Owner of Lot 4 grants and conveys to the Owner of Lot 1, a non-exclusive, perpetual easement for mgress and egress to and from, and for parking of up to 120 vehicles in, the parkmg fac1ht1es constructed or to be constructed by the Owner of Lot 4 on Lot 4, provided, however, that such easement and parkmg nghts may be used only between the hours of 6 00 pm and 8 00 a m weekdays, Saturdays, Sundays and holidays, and shall be subject to such reasonable rules and regulations as the Owner of Lot 4 may adopt Such parking rights shall be at not to exceed market rates as may be imposed by the Owner of Lot 4 m connection with operatmg the parkmg fac1Itt1es on Lot 4 generally 7 3 Lots 2 and 3 Easements The Owner of Lots 2 and 3, grants and conveys to the Owner of Lot 4, a non-exclusive, perpetual easement for ingress and egress to and from, and for parkmg m, the parkmg fac1ht1es constructed or to be constructed by the Owner of Lots 2 and 3 on Lots 2 and 3, provided, however, that such easements (1) will be restncted to those parking spaces not designated as reserved for the Penmtees of the Owner of Lots 2 and 3 (provided that at least 200 spaces will not be restncted), and (n) may be used only between the hours of 8 00 am and 6 00 p m weekdays, excludmg holidays Such parkmg nghts shall be subject to such reasonable rules and regulations as the Owners of Lots 2 and 3 ~ may adopt Such parkmg nghts shall be at not to exceed market rates as may be imposed by ~ the Owners of Lot 2 and 3 m connecl!on with operating the parkmg facilities on Lots 2 and 3 generally SECTION 8 INDEMNITY; INSURANCE 8 1 lndemrnty Each Owner (the "lndemmfymg Party") shall mdemmfy, defend and hold harmless each other Owner and theu Occupants (each an "Indemmfied Party") from and against all claims and all costs, expenses and habihties (mcludmg reasonable attorneys' fees and costs) incurred m connect10n with all claims, including any actions or proceedmgs brought thereon, ansmg from or as a result of the death of or any acl!on, mJury, loss or damage to any person or to the property of any person (1) as a result of the use by the lndemmfymg Party of any of the easements granted by this Declaratwn or (n) which occurs, 3129\00511/13/00 fBARK£1,FCO\S0UT1lPOR I -17- c;, = = '" not as a result of the use of any of the easements granted herem, but w1thm the Lot owned by the lndemmfying Party, except for claims caused by the neghgence or willful misconduct of an Indemnified Party, its hcensees, agents, employees and contractors Whenever a prov1s10n for indemmty 1s set forth m this Agreement, m the event of the concurrent negligence of any party bound by this Agreement, which concurrent negligence results in inJury or damage to person or property and relates to the construction, alteration, repair, add1t10n to, subtraction from, improvement to or maintenance of the Property, the obhgat1on to mdemmfy (including payment of the costs, expenses and attorneys' fees incurred by the party bemg mdemmfied m connection with the claim, act10n or proceeding brought with respect to such tnJUry or damage) shall be hm1ted to the extent of the negligence of the party reqmred to mdemmfy The obhganons of the Indemmfymg Party under any mdemrnty provided for m tins Declaration shall not be hm1ted by, and all persons now or hereafter bound by this Declaration hereby waive, any worker's compensat10n prov1s1on (mcludmg but not hm1ted to RCW Title 51) to the contrary or so hm1tmg EACH PARTY NOW OR HEREAFTER BOUND BY THIS DECLARATION ACKNOWLEDGES AND AGREES THE INDEMNIFICATION AND W AIYER PROVISIONS SET FORTH HEREIN WERE SPECIFICALLY NEGOTIATED AND AGREED TO BY THE PARTIES 8 2 Property Insurance Each Owner shall carry or cause to be camed fire and extended coverage msurance man amount equal to at least nmety percent (90%) of the replacement cost ( exclusive of the cost of excavation, foundations and footings) of the Improvements (excluding Improvements m the Common Areas) located on its Lot, insuring agamst loss by fire and such other nsks generally covered by extended coverage insurance Such msurance shall be earned with financially responsible companies hcensed to do business m the State of Washington Each Owner shall use reasonable efforts to cause any Beneficiary of 1ts Lot to agree to allow msurance proceeds to be used to pay for the cost of repairing and restonng Common Areas located on the Lot as provided for in this Declaratmn Dunng constructmn of improvements on its Lot, the insurance required pursuant to this Declarat10n shall be in "builder's all-nsk" form The Assoc1at10n shall purchase and mamtam, for the benefit of all Owners, extended coverage msurance 1n the amount equal to at least 90% of the replacement costs of any Improvements located within the Common Areas, msunng against loss by fire and such other nsks generally covered by extended coverage msurance The cost of any such msurance obtained by the Associallon shall be treated as a Common Area expense under the Budget and any insurance pohcy so obtained by the Assoc1atton shall name all Owners (and their Beneficianes) as add1t10nal insureds 8 3 Liab1hty Insurance Each Owner shall at all times during the term ofth1s Declaration, maintam or cause to be maintamed m full force and effect, commercial general hab1hty msurance covenng its Lot or Lots Such insurance shall (1) mclude coverage for any action resultmg m personal mJury to or death of any person and consequential damages ansmg therefrom, (11) beman amount of not less $2,000,000 per occurrence, (111) be issued by a financially responsible insurance company or compames licensed to do business in the J 129\005 11/1)/00 TBARKE\S~CO\WUTHPOR J -18- State of Washington, and (1v) at the request of any other Owner expressly name such other Owners as an additlonal insured Unless otherwise agreed in wnting by the Owners, the Associallon shall purchase and maintain for the benefit of all Owners, commercial general habihty insurance covenng the Common Areas The cost of any such insurance obtained by the Assoc1at1on shall be treated as a Common Arca expense under the Budget, and any insurance pohcy so obtamed by the Assoc1at1on shall name all Owners (and their Beneficianes) as add1t10nal insureds Each Owner shall furmsh to any other Owner requesting the same evidence that the insurance reqwred of it pursuant to this Declaration 1s in place 8 4 Waiver of Subrogatmn No Owner shall be hable to any other Owner or to any insurance company (by way of subrogation or otherwise) insuring another Owner for any loss or damage to any bmlding, structure or tangible personal property of the other occurnng in or about the Property, even though such loss or damage might have been occasioned by the negligence of such party, its agents or employees, 1fsuch loss or damage 1s covered by insurance benefiting the party suffenng such loss or damage or was reqmrcd to be covered by insurance under terms of this Declaration Each Owner shall use its best efforts to cause each insurance pohcy obtained by 1t to contain the waiver of subrogation clause Notwithstanding the foregoing, no such release shall be effecllve unless a party's insurance policy or policies expressly permit such a release or contain a waiver of the ..,,. earner's nght to be subrogated C,J Lt""> = = = c--- SECTI0N9 ENFORCEMENT 9 I Abatement and Suit The Declarant and the Assoc1at1on are each granted the := nght to enter upon any of the Property at any reasonable time or times to mspect the same ~ for purposes of determmmg compliance with the Covenants and the Guide\mes In the event = of any v10lation or breach of any of the aforesaid, and m the further event that all such = = vwla!Jons and breaches are not cured w1thm thirty (30) days after wntten demand made ...... upon the Owner or occupant by the Declarant or Association, as the case may be, the Declarant and the Associat10n JOmtly and separately have the nght to enter upon the portion of the Property upon which, or as to which, such vwlat10n or breach exists, and summanly to abate and remove, or to correct, repaJT or mamtam, at the expense of the Owner and Occupant thereof, any Improvement, thmg or cond1twn that may be or exist thereon contrary to the mtent and meaning of the prov1s1ons hereof as mterpreted by the Declarant or the Assoc1at10n, and the Declarant and the Association shall not, by reason thereof, be deemed guilty many manner of trespass for such entry, abatement, removal, correctmn, repa1r, or maintenance or mcur any hab1hty on account thereof The Declarant, the Assoc1a\Jon and every Owner ( or Occupant, but only with the respective Owner's consent) of any of the Property are further separately empowered to seek by legal proceedmgs, either in law or in eqmty, or to submit any such vmlatmn or dispute to arbitration m accordance with the rules of the American Arb1trat1on Assoc1at1on (reservmg however, the nght to mJunct1ve relief m J 129\005 11/13/00 -19- I DARKE\~ECOl~OUTHPORf L.,., <r) Ln = = = ..... = = = C'-J aid of the relief sought) to detenrnne the appropriate remedies to abate or otherwise prevent a contmumg breach of any prov1s10n of this Declaration The amounts of all expenses mcurred by Declarant and the Association pursuant to the prov1s1ons of this Sect10n 9 I which are not paid by Owner immediately on demand shall constitute a hen aga1Dst the subject Lot, shall bear mterest until paid at the rate set forth ID Section 5 3, shall attach and take effect upon recordat10n of a claim of hen m the Official Records and may be enforced ID the manner allowed by law for the foreclosure of hens The enforcement nghts of the Declarant and the Associahon set forth above shall also be for the benefit of each Owner, and m the event neither the Declarant nor the Assoc1atlon take action to enforce the provisions of the Declaration, any such Owner shall have the nght to enforce this Declarat10n, and to be entitled to reimbursement of costs (with interest) and hen nghts as set forth above 9 2 Attorneys' Fees and Liens !flD connect10n with any enforcement ofth1s Declarat10n with respect to any Lot, 1t shall be necessary to secure the services of attorneys, then the reasonable fees of such attorneys, and all other costs of any contemplated or actual legal, equitable or arbitration proceedmg m connection with any such enforcement shall be payable by the Owner of such Lot If such fees and other costs or any part thereof are not paid wtthm ten (10) days after written demand therefor, the amount unpaid shall bear mterest from the date thereof until paid at the rate of1Dterest set forth m Secllon 5 3 If any such fees or costs are not paid on the due date thereof, the amount thereof together with mterest thereon as aforesaid shall be and become a hen agamst such Lot and may be executed upon or foreclosed by appropnate legal proceedmgs (subJect to the hmitallons contained m Section 11) In any legal, equitable or arbitrat10n proceedmgs for the mterpretat10n or enforcement of or to restrain the v10latton of this Declaration or any provision hereof, the losmg party or parties shall pay the reasonable attorneys fees of the prevrulmg party or parties m such amount as may be fixed by the court m such proceed1Dgs 9 3 Deemed to Constitute a N u1sance Any breach of this Declarat10n by an Owner or Occupant ,s declared to be and shall constitute a nuisance, and every remedy allowed by law or eqmty aga1Dst an Owner or Occupant shall be applicable aga1Dst every such nmsance and may be exercised by the Declarant, the Assoc1at10n, the County, any Owner (or Occupant who has been given such nght by the Ov.ner of such Lot) ofa Lot, or any of them 9 4 Remedies Cumulative All remedies provided herem or available at law or m eqmty shall be cumulative and not exclusive 9 5 Failure to Enforce Not a Waiver of Rights The failure of the Declarant, or any other Person entitled to enforce this Declarallon, to enforce any Covenant herem contamed shall m no event be deemed to be a waiver of the nght to do so nor of the nght to enforce any other Covenant Declarant shall not be !table to any owner, occupant or any J 1291005 11/1)/00 -20- I BARKcl,E(OISOUTflPORT other person or enl!ty for any damages, losses, hab1li11es or expenses suffered by reason of a mistake m Judgment, negligence or nonfeasance ansmg m connectton with any approval, disapproval or other actions taken m connection with this Declaratton or the non- enforcement of any prov1s1on of t!us Declaration 9 6 Damages Inadequate Damages for any breach of the Covenants are declared not to be adequate compensatton and such breach and/or the continuance thereof may be enJomed or abated by appropnate proceedmgs by any Person entitled to enforce this Declaratton as provided m this Secllon 9 9 7 Comphance of Tenants Each Owner who rents or leases 1ts Lot or a portton of1ts Lot shall msure that any such lease or rental agreement 1s subject to the terms ofthts Declarat10n Any such agreement will further provide that failure of any tenant to comply with the prov1s10ns of this Declarat10n will be a default under such tenant's lease or rental agreement SECTION 10 ACCEPTANCE OF PROTECTIVE COVENANTS; PRIVITY; STANDING IO I Acceptance Each Owner and Occupant, by the acceptance of a deed of conveyance, lease, sublease, hcense or other nght to enter on or occupy any of the Property, and every other Person at any lime havmg or acqumng any nght, tttle, mterest, hen, or estate ~m, on or to any of the Property, accepts the same subJect to all of the prov1s10ns ofthts ~Declarat10n and the Jur1sd1ct10ns, nghts, and powers of the Declarant, the Assoc1at1on and ,:.;,Owners created, granted or reserved herem, and all easements, nghts, benefits and pnv1leges '.=:of every character hereby granted or created and thereby covenants and agrees for themselves, their successors, heirs, personal representatives and assigned to be bound by the ::-Covenants c IO 2 Nature of Obhgattons All obhgattons hereby imposed and the easements ~ereby granted are covenants runnmg with the land and shall bind every Owner and <c'>ccupant of every part and parcel of the Property and any interest therem, and every such other Person and inure to the benefit of every Owner and occupant and such other Persons and as though the prov1s1ons ofth1s Declaration were recited and sttpulated at length m each and every deed of conveyance, lease, sublease, license or other agreement granting any nght of entry or occupancy, or many other mstrument or document by which any such nght, title, interest, hen, or estate 1s created or acquired. All Covenants, and agreements contained herein are made for the direct, mutual and reciprocal benefit of each and every part and parcel of the Property and shall create mutual, equitable servitudes upon each port10n of the Property m favor of every other portion of the Property IO 3 Pnv1ty, Standmg No Occupant or other Person other than an Owner or its representa!tve (and then only in the mariner set forth in Sect10n 9 I above) or the ]129\005 11/1]/00 -21- l BARKE\S[CO\SOUTHPORT LC> '.) ...... = = = Assoc1at1on shall have the nght to enforce the prov1s10ns of this Declaration or seek damages for any v10lat1on or non-enforcement thereof agamst any Person other than the Owner of the Lot used or occupied by such Occupant or other Person Occupants and other Persons (other than Owners) are designated beneficrnne~ of as well as subject to the covenants set forth in this Declaration, which covenants may be amended by Declarant or the Owners, as the case may be, in accordance with this Declaration, but in any event without the consent of or notice to such Occupants or other Persons SECTION 11 DEEDS OF TRUST 11 1 Pnonty Over Liens The hen on any Lot resultmg from, created by or provided form this Declarallon shall be subJeCt and subordinate to the hen of any Deed of Trust made for value and m good faith and creating a hen on such Lot on the date of commencement of proceeding to execute or foreclose the hen on such Lot executed by this Declaration 11 2 Effect Of Breach Anythmg contained m this Declarat10n to the contrary notWithstandmg, no breach of any of the Covenants or re-entry by reason of such breach, shall defeat or render mvahd or 1mpmr the hen of any Deed of Trust made and delivered for value and in good faith, whether now existing or hereafter executed, encumbering any of the Property 11 3 Beneficiary Notice The Beneficiary under any Deed of Trust affectmg a Lot shall be entitled to receive nollce of any default under this Declaration by the Owner whose Lot 1s encumbered by such Deed of Trust, provided that such Beneficiary dehvers a copy of a notice m the form hereinafter contamed to each Owner The form of such nollce shall be substantially as follows The undersigned, whose address 1s -------------• does hereby certify that it 1s a Beneficiary, as defined in that certam Covenants, Conchttons and Restnct1ons for Southport ("CC&Rs") of Lot _ of Southport, a legal descnpt1on of which 1s attached hereto as Exh1b1t A and made a part hereof If any notice of default 1s given to the Owner of such Lot, a copy shall be delivered to the undersigned who shall have all nghts of such Owner to cure such default Failure to dehver a copy of such notice to the undersigned shall m no way affect the validity of the no!Ice of default as Jt respects such Owner, but shall make the same mvahd as 1t respects the mterest of the undersigned and its Deed of Trust as defined m the CC&Rs upon such Lot Any no!Ice given to a Beneficiary shall be given in the same manner as provided m Section 14 2 below ] 129\005 11113/00 TBARKC\S[COISOUTHPORT -22- = = = ..... 11 4 Beneficiary's Title A Beneficiary acqumng lltle to a Lot through foreclosure, smt or by transfer in heu of foreclosure or equivalent method shall acqmre l!tle to the encumbered Lot free and clear of any hen authonzed by or arismg out of the prov1s10ns ofth1s Declarallon, insofar as such hen secures the payment of any assessment or charge due but unpaid pnor to the final conclusion of any such proceeding, including the cxpuatlon date of any period of redempllon After the foreclosure of a secunty mterest in a Lot, any unpaid assessment shall contmue to exist and remain a personal obhgation of the Owner against whose Lot the same was levied Any hens provided for in this Declarallon shall be subordinate to the hen of any Deed of Trust upon a Lot (provided the Beneficiary is a third party and the Deed of Trust is given to secure a good faith obhgat,on of the Owner whose Lot is encumbered) The sale or transfer of any Lot or any interest therein shall not affect the hens provided for m this Agreement except as otherwise specifically provided for herem, and m the case of a transfer of a Lot for the purpose of realizing upon a secunty interest, hens may anse against such Lot for any as~essment payments commg due after the date of the foreclosure SECTION 12 AMENDMENT OR MODIFICATION 12 I Power to Amend This Declaration may be amended by Declarant, acting alone so long as 1t 1s still Owner of all of the Property, by an instrument in wnting properly executed and acknowledged and recorded in the Official Records After Declarant ceases to own all of the Property, this Declaral!on may be amended, tenmnated or extended as to the whole of the Property or any part thereof upon the wntten consent of Owners who collectively own at least seventy five percent (75%) of the square footage of land contamed w1thm all of the Lots, provided, however, that during the 1mt1al twenty (20) year term hereof any such amendment or terrnmatlon must be agreed upon by all of the Owners Any amendment of this Declaration shall not depnve any Owner or Occupant of1ts nght to use its Lot for the purpose consistent with the Declaration as such Declarallon stood pnor to that amendment Any such terrnmat1on, extens10n or amendment shall be effective upon recordmg of any mstrument in writing, properly executed and acknowledged, with the Official Records 12 2 Limitations NotWJthstandmg the foregoing provis10ns ofSecllon 12 I (1) No terrnmat10n, extension, mod1ficat10n or amendment to or oftlus Declarallon shall affect any approvals or consents theretofore given to any Owner or Occupant pursuant to the prov1s10ns of this Declarat10n, and (n) No terrnmat10n, extens10n, modificat10n or amendment to or of any prov1S1on ofth1s Declarallon shall prejudice any then ex1stmg hen of any Deed of Trust made and dehvered for value, m good faith or the nghts of any Beneficiary thereunder 3129\005 11113/DO -23- l BARKE\"i.ECO\(jOUTHPOR l u, <n u, = = = c.:, = c:., (" SECTION 13 TERMINATION The easements set forth m Secl!ons 6 3 and 6 4 shall be perpetual The remamder or the terms of this Declarat10n shall be and remam m full force and effect unlll forty ( 40) years from the date hereof, after which date this Declarat10n shall be automatically extended for successive pertods of ten (10) years unless a wntten document termmatmg this Declaration ( except for the easement prov1s10ns referred to above) ts Recorded m the Official Records Any such termmatton document must have been duly executed and acknowledged by the Owners m accordance with the terms of Sec!Ion 12 No termmatton of the Declarat10n shall termmate any ul!hty easement granted or reserved pnor to such termmat10n SECTION 14 MISCELLANEOUS PROVISIONS 14 l Severab1hty Invahdal!on of any one of the cond1t10ns, covenants, restncttons, easements or provisions ofth1s Declaratmn with re;pect to any application, by Judgment or a court order will m no way affect any other applicat10n thereof, nor any other cond1t1ons, covenant, restnct10n, easement or prov1s1on hereof, all of which shall remam m full force and effect 14 2 Nol!ces Any written notice or other document as requ1red by this Declaral!on may be delivered personally, by recogruzed overnight courier or by mail Ifby mail, such notice will be deemed to have been delivered and received three (3) busmess days after a copy thereof has been deposited m the Umted States first class mail, postage prepaid, properly addressed to the applicable Owner at the registered address of such Owner as filed m wrttmg with the Assoc1at10n Ifby overmght courier, such notice will be deemed to have been delivered on the day after such notice has been deposited with the overrught courter company Notices to the Assoc1at10n will be addressed either to an address to be posted by the Associatlon, or to the registered office of the Assoctallon 14 3 Jomt and Several Liabthty If a Lot 1s owned by more than one Person, !he hab1!tty of each of the Owners of such Lot m connection with the hab1httes and obhgattons of Owners set forth m or imposed by this Declaration will be Jomt and several 14 4 No Pubhc Ded1cat10n Nothmg contamed m this Dcclarat10n will be deemed to constitute a gift, grant or ded1cahon of any port10n of the Property to the general pubhc or for any public purpose whatsoever, it bemg the mtention of the Owners that this Declaration will be stnctly hm1ted to the pnvate use of the Owners and their respective Occupants and Perm1ttees This Declaratton 1s mtended to benefit the Owners and the1r respecllve successors, assigns and Benefictartes and 1s not mtended to constitute any Person which is not an Owner a third party beneficiary hereunder or to give any such Person any nghts under this Declaration 3129\00511/13100 rBARI.F\\ECO\,OU rf!PORl -24- - 14 5 Effective Date This Declaration will take effect upon recording 14 6 Rules and Regulatrnns The Associat10n will have the nght to adopt rules and regulations with respect to the Association's nghts, actLV1t1es and duues, provided such rules and regulat10ns are not inconsistent with the provisions of this Declaratrnn 14 7 Captions and Titles All capt10ns, title or headings of the sectrnns m this Declaration are for the purpose of reference and convenience only and are not to be deemed to limit, modify or otherwise affect any of the provis10ns of this Declaratrnn or to be used m determmmg the mtent or context thereof 14 8 Applicable Law This Declaratton will be construed m all respects m accordance with the laws of the State ofWashmgton 14 9 Time Time ts of the essence ofth1s Declaratton 14 IO Waiver, Course of Dealmg No waiver or course of dealing m contraventlon of any of the prov1s10ns of this Declaratrnn shall conshtute a waiver or basis for estoppel against the enforceability of any other prov1swn, whether or not similar, nor shall any waiver be a contmumg waiver 14 11 Exhibits and Figures The following exhibits and figures are attached to this Declarahon and by this reference are mcorporated herem Exhibit A Exhibit B Exhibit C Figure I Figure 2 Figure 3 Figure 4 Legal Descnpbon Site Plan Nonoppositton Agreement Mam Access Road Pedestrian Promenade Fue Access Road Waterfront Access Road IN WITNESS WHEREOF, Declarant has executed this Declaratton on the day and year first above wntten DECLARANT 3129\005 11/1)/00 TBARKE\l.ECO\SOU [ llPORI SOUTHPORT LLC, a Washmgto limited habihty comp7 / A -25- L.'"> <', u-, = r..;, = STA TE OF WASHINGTON COUN1YOF k/Nb 1 ) ss. ) On this i i.J-11--day of N ove h'lhe r,iooo, before me, the undersigned, a Notary Public m and or the State pf Washmgton, duly commissioned and swom pcrso7at1y appeared 1/c e n.r1ST knowntDmctobethcMem;,Cr of SOUTHPORT LLC, the hm1tcd habihty company that executed the foregoing instrument, and acknowledged the said mstrument to he the free and voluntary act and deed of said limited liability company, for the purposes therein mentioned, and on oath stated that he/she was authonzed to execute said instrument I certify that I know or have satisfactory evidence that the person appearing before me and makmg this acknowledgment is the person whose true signature appears on this document WITNESS,~~~fficml seal hereto affixed the day and year m the certificate Jbove ./·~~,:;,~~&,··· ~; .. \ ~x e-[l<_,,yi_,a_/ ~ "l~~,j,.o\Alf>-"" ,: "----_"--"'--'-"--==---'-"--------'-------'----- • .o ..--• Signature "" : i0 -•-: 1-/t;a._ L. Co{ /1nS :.m\ PuBt.\G ,~s PrrntName -------- -.-.,,;,.. "lf!IM ~:,; ~:,,)l•• 11-,,.,.. ~a~ NOTARY PUBLIC m and for tdJ State of '1 ~ ••••u••• . .a.~"" I A fh i / ,,, OF wr,,f!,Y>,,... Washington, residmg at-'~ V ,v f_ / n VI I e__ '••1111111'' My commission expires _Jj__.!_j_ &',2_. wntten ] 129\00~ I 01]0/00 IBARK[\SLCO~UlJTIIPOll r -26- ..,, = = = = = = <'-,I EXHIBIT A Descnpl!on of the Property PARCEL A LOTS I, 2, 3 AND 4 OF CITY OF RENTON SHORT PLAT NO LUA-99-134-SHPL, ACCORDING TO SHORT PLAT RECORDED JANUARY 31, 2000 UNDER RECORDING NO 20000131900006, IN KING COUNTY, WASHINGTON PARCELB NONEXCLUSIVE EASEMENTS FOR INGRESS, EGRESS AND RAILROAD CROSSINGS AS ESTABLISHED IN RECORDING NOS 6201855, 6317510, 9902019014 AND 20000131900006 "'T'J -G) ._,., C ,~ ::0 ~~ = ("T'I cc, c, ~ 0 -• -0 = = I = "' (/) -f ("T'I -0 s;: z_ I: ~ z r; f;\~ ~Q \ \ \ \ \ \ ~ \('"\ , \', \/. :~~.~\ I EXHIBITB SITE PLAN ~ F'IRE ACCESS ROAD 1 1N , J;' YI /~ /. r- / (' WATERFRONT ACCESS ROAD n I"'\ EXHIBITC NONOPl'OSI'l'ION AGUDG:N'l' .~ NONOPPOSITION AGREEMENT made and entered into as o! the cit'.!!:. day o! ~!!:('., 1999 by and between Michael Ch.rist, One, LLC aashington limited liability company l"CHR!ST"l, the Boeing Company, a Delaware corporation I "BOEING") and the city o! llenton, a Washington IIIUllicipal corporation ("City•). (CHRIST, BOEING and the City are collectively referred to as the "PAATIES"l: uetD.t.S A. CHBIS'l' has entered into a purchase and sale agre..ant with Puget Western to purchase that property commonly known as the Shu!!leton Steur.-Plant site (the "Property"! in llenton, Washington legally described in Exhibit A. The Property lies adjacent to Boeing's Renton manufacturing and tLnal aasembly facility (th• "Boeing Facility") legally dascribed in Exhibit B. 'l'ha Property and the ilmD.adiately adjacent portion o! the Boeing Facility are illuatrated in Exhibit c. Exhibita A, B, and C are attached hereto and incorporated heraby by this ra!arence. s. CHRIST has proposed to the City the phased redevalopment o! the Property !rem its existing industrial land lllle to a mixed-use development consisting o! o!!ice, residential and commercial uses (the "Redevelopment") as shown in Exhiloit D, ettachad hereto and by this reference incorporated herein. The government pe:cm.its and approvals which either have been or are likely to be sought by Christ Which may be necessary !or the Red'aveloPJ11ent include but are not 11.mited to a Plann•d Action Des~gnation, Compr11hensive Plan .l\lllendment and Re:i:one, a Zoning Code Text J\111.encbxient, a Master Site Plan Approval and phased individual site plan approvals, a Shoreline Substantial Development Perm.it, clearing, grading, demolition, construction building and mechanical permits, short plat or boundary line adjustment approvals, roadway access approvals, parking and loading regulations modifications, variances, and hydraulic project approval (the "Permits and Approvals•). c. The City has begun drafting a supplemental Envirolllll.ental Impact statement (SEIS) to address the environmental impacts o! a planned act£on proposal and the proposed Radevelopm.ent (the Southport D'evelopment Planned Action DEIS, June 1999)·. The Dra!t SEIS has been issued and !1117199 ' . ' ' ' ' the comment period expired 7/29/99, The Final EIS was issued September 9, 1999. D. Christ has presented Boeing and the City with proposed site plans tor the Redevelopment planned action on tile with the City, Boeing has expressed concerns to Christ and to the City by co11111t11nt letters dated July 14, 1999 and July 28, 1999 ("Comm.ent Letters") on tile with the City. E. Christ is willing to :modify its plans and cOlllllli t to a development plan which prollibits residential development from being located closer thAn 380 teat to the Boeing Plant and i.mposes other use restrictions and notice requirements in consideration of Boeing's withdrawal ct its comment letters and its agreement ll.Ot to oppose the Redevelopment and any of Christ's Permits and Approvals for the project as described herein and as depicted in Exhibits D and G, F. Boeing is willing not to oppose the Redevelopment and Christ's Pei:m.its and Approvals in consideration or the Redevelopment being developed, con.structad and operated as provided by this Agreement, and provided that the terms and conditions of this Agreement are i.mposed, implemented and enforced. NOW, '!HEREFOI\E, IN CONSIDERATION of the mutual promises, covenants and agreements contained herein, Christ, Boeing, and the City, each with the intent that each be legally bound, agree: 1. ~CT DIISClUPTiotl So long as any portion or the Boeing Facility within 1,000 teat ot the Property is owned, in whole or in party, by Boeing or a related entity, and is used, in whole or in part, as an aircraft manufacturing and final ass~ly plant or for any other heavy industrial use ("Condition•): (a) The Property shall not be developed with more than .l!,4(Ltotal residential units, except that a hotel or other COllllllercial use shall be allowed in the non-residential area as shown in Exhibit D, and as provided by existing and proposed City codes, a copy or which is attached as Exhibit E and by this reference incorporated herein. ~ · " (bl Building heights shall not exceed 125 teat above existing grade, excluding roortop mechanical equipment. ,mm ' ' ' (cl Landscaping shall be as required herein and by the current City Code, Relevant PQrtions ot the Coda are attached as Exhibit F and by this reterence incorporated herein, 1: (d) Building locations shall be generally as shown in Exhibit D. (e) Building uses an~ occupancies shall be as shown in Exhlbit D. Ct) No change, expansion or intensitication ct use or of any lluilding that could incr.ease environmental iimpacts or the sensitivities to occupants and users of the Property shall be commenced or iimplel1L81lted without the prior written consent of Boeing and issuance of such Permits or .l\pprovals as may be required by the City. 2 • ES'?ABLISIIMENT Oli' RBSIDINTv.L RESTRICTION AREA (a) Christ shall submit to the City a .modification to its proposed Redevelopment, as described in this Agreement, including Exhibit D, and including the prohibition ct any residential uses on that portion ot the Property located within 380 feet of the Boeing Plant (the "Residential Restriction 1,rea•i. (b) Christ shall submit to the City a modification to any currently pending applications for Perlllits and .l\pprovals, necessary to cause the Redevelopment to contorm to the terms and conditions ot this Agrement. (c) So long as the Condition exists, all tuture applications for ~ermits and 1.pprovals shall be consistent with the terms and conditions of th.1,s Agreement. 3, JU:SIDENTJ:AL USE So long as the Condition exists: (a) Residential use (the hotel shall not be considered a residential use) shall be allowed only in the areas designated •residential• in Exhibit D, and shall not be permitted to occur within the Residential Restriction Area. (bl Subject to (cl, below, all residential use shall be month-to-month or day-to-day tenancies.~ No pe:r:manent, long- term. residential uses shall be allowed except with prior written consent o! Boain;, which shall not be unreasonably withheld or delayed, .3. 11117/911 = c.., = <"' I (cl No individual ownership or long-term lease ot individual residential units shall be allowed without the prior written consent ot Boeing, which consent shall not be unreasonably withheld c*' delayed in the tace of a reasonable showing by Christ of the economic or market feasibility or necessity tor such ownership or long-term lease. 4, Sl:'BAC!al AND LMIOSCAPING So long as the Condition exists: (al .Christ shall provuie a butter ot not lees than 25 feet between the common boundary line of the Property and the Boeing Facility. The butter shall be intensively landscaped and will provide screening and visual relief between the residential tenants and the Boeing Facility. The buffer shall include a vehicular access road as shown on Exhibit O, and may require further utilities, transformers, airhandling equipment, etc. The area :Lmmadiately north and west of building l will also be intensively landscaped with mixed deciduous and evergreen plantings of a density and of sufficient size to obscure the Boeing Facility from the Property. A conceptual landscaping plan is attached as Exhibit G that is representative of Christ's intentions, but which also may require modifications the City may dictate to meet traffic and other municipal requirements, or a~ a restaurant intended tor this area may reasonably require. Portrayal of the office portion of the site in Exhibit Dis conceptual only1 the design will ultimately be driven by market and/or specific tenant requirements, and must remain flexible to their needs. Nevertheless, Christ and Boeing confirm that they are of a common goal to effectively screen residential facilities at the Property from the Boeing facility. (bl The butter and landscaping shall be regularly maintained. Plant losses shall be replaced promptly with the same or similar material. 5. NOTICES '1'0 USERS Upon closing and acquisition of title to the Property by Christ or any related entity, Christ shall record a Notice on Title to the Property, and shall provide all prospective purchasers, users and tenant! (ae to users and tenants, with changes only in tense) of all or any p6rtion of the Property with written notice as follows: · ,mm . ' = = = '"" fh• p~ty 1mad1ataly aouth ot tha Southport prop•rty ii :,;onad t'ol:' h•avy industrial. us•, and is curnntly uslld aa an urcra.ft manufacturing and final. aaaalllbl.y plant. A variety ot' industrial activitiu occur on the pro~rty that may be inaon~ent or cau•• diaoomtort to paopl• uain17, working or r•sidinq at Southport. '?his may ui•• froo,. ai:=aft immut'ac~ing acti vi tiu, including aircn..ft final assambl.y and painting, a.net a wastewater trut:m.nt plant, which may gen.rat. unplusant and annoying odors, vibrations,·nais•, dust, and air maissiona ot luu:;ardous and tox.ic air pollutant.a and vela tile orqanici C0111POunda. The City ot' Rantan has establishad manufacturing and other huvy industrial us•s as priority uses on designated heavy industrial lands. Nearby property ownars, residants and users should be pz:epar«I to acic.pt such inconvaniances or discomt'ort t'rom 110rmal, necessary huvy industrial oparations when ~do:i:mad in compliance with loc:al., state and t'edara.l law, The ownsr ot' the property [da11cribad on Exhibit A] for itself, its suceessors and assigns, heraby waives to the axt.nt pumitted by law its ri11ht to pi:otut or c:halleng• anv lawful h .. vy manut'actw:-inq operation or activity or the anvironMntal .illlpacits lawfully c:ausad by the currant aircraft plant oi: other h,avy industrial use to the pi:cpei:ty dasari.bed on Exhi:Cit A or to its ownars, users or occupants. lb) This written notice shall be in bold typeface and not less than 10-point type. Cc) Except as may be required by law, or to avoid violations ct' law, so lonq as the Condition exists, this written notice may not be changed, 1110dit'ied, Uleilded, or suspended without the express prior written consent ot' Boeing, which consent may ba withheld in Boeing's sole discretion. 6. llZED lU:S'rRIC~IONB '\ (al Upon closing and acquisition ~f titl~ ta the Property by Christ or any related entity, Christ will also record a restriction on title to the Property as follows: -5-Jl/17"9 .,.., c,-, en = c..:, = c-- = = = C', so long as adjacent property is owned by The Boeing Company, a Delaware corporation, or a related entity, and is used as an aircraft manufacturing,and final assembly plant or other heavy industrial use, no residential use or residential structures of any type, whether permanent, temporary, long-te:cm, short-ta:cm, rental, or otherwise, with the exception of hotel or other commercial uses, shall be constructed, placed or used within 380 feat of the common boundary line of this property and .the adjacent Boeing Aircn,ft Manufacturing and Final Aa'sembly Plant as depicted in Exhibits c and D. No more than 540 residantid units shall be allowed on that portion of the property designated for residential use, as shown·on Exhibit D. (cl This restriction and. the notice described in Section 5 shall remain in effect so long as SoeiJlg uses any portion of its property within 1,000 feet of the Southport property for heavy aircraft manufacturing and final assembly or for other heavy industrial puzposes. (d) The notice and restriction on title shall be recorded against title to the entire Property described in Exhibit A at the time Christ acquires title to the Property. If the Property is subdivided, the notice and restriction on title shall apply to all future lots, parcels and tracts. (e) So long as Boeing uses any portion of its property within 1,000 feet of the Southport property for heavy industrial purposes, neither the recorded notice nor the restriction on title may be removed, extinguished, waived, s~ended, amended or modified without the prior express written consent of Boeing, which consent may be withheld in Boeing's sole discretion. 7. DESIGN AND CONST1U1CTION (a) Heating, ventilation and air conditioning for the Property office buildings will be accomplished by a variable air volume system, or equivalent designed and placed to lllinimize the effects of odor and air emissions from the aoeing Property on building occup11I1ts of office buildings at the Property. This type of equipment lendlt;.itself to a variety of filtering techniques, including synthetic fiber and activated carbon filters. An appropriate filtering technology will be selected during the desiqn phase of the Redevelopment. The (GGCXICl.<X)GOllllttZ:ll0.122) -6-J/17/ff . ' main air handling eq11ipment tor those buildings will be mounted on the root ot the structures. supply air for occupied spaces (excluding parking) in cQllllll.ercial buildings at the Property will ente~the buildings trom the east tace thereof, and el(haust air will be released trom the west face. Construction shall be designed and carried out to lllin:Lm.i.ze the impacts of noise and airborne vibration that may enianate froa the Boeing Facility by adherence to Uniform Building Coda Section 1208.2, paragraphs land 3, relating to airborne sound insulation. 8 , CI'l't OF RENTON (a) The City shall have the full right and power, but not the obligation, to enforce the terms apd conditions or this Agreement with respect to either or both of the other parties. ' (bl Compliance with the terms and conditions of this agreement shall be a term and condition of any and all Permits and Approvals issued by the City for the Property. 9. NOTICE OF SALE (a) Christ shall provide Boeing with first notice of Christ's intent to sail or otfer to sell the Property. (bl Boeing shall provide Christ with early notice of its decision to sell all or any portion of its property within 1000 feet of the Southport Property. 10. l'INAL SEIS AL'l'IRNATIVE The Parties understand that the Draft SEIS has been published without reflecting the Residential Restriction Area. However, the modified Redevelopment plan as described herein a.nd as shown in Exhibit D, is presented and analyzed in the Fin.al SEIS as a new alternative "Plan c.• 11, COOPERATION The Parties agree to cooperate and execute such further instruments, documents and confirmatory agreements, and take such further acts or actions as may be necessary or appropriate to carry out the intents a.n,d purposes of this Agreement. .7. '' Ln <n ..,.., = = = ,_ = = = "'' .. 12, CONi't.ICTS In the event of a conflict between the term.sand conditions of this Jl.qreement and any standards or conditions imposed or required by the City for a:r.y Peraits and Approvals for the Redevelopment, the more restrictive standard or condition will apply. 13 , DISPU'1'Z Rl:SOLIJ'?ION (a) Within thirty (30) days of the execution of this Aqreement, Christ and Boeinq_shall each identify a coordinator ("Designated Coordinator• or •DC•) responsible for addressing issues and disputes that may arise from time to time under the Aqreement. The Parties shall provide written notice of the selection of the Designated Coordinator and any subsequently appointed DCs. (bl If a dispute arises with regard to any matter addressed by this Aqreement, the Party raising the disputed issue shall contact the DC regarding the nature of the dispute. (c) The Parties agree that the DCs will use their best efforts to resolve the dispute presented in an expeditious manner, consistent with the term.s of this Aqreement. Each party agrees to meet and discuss potential solutions to the dispute within five business days of the date notice of a dispute was received by the other Party. (d) If the ocs are unable to resolve a dispute in a mutually agreeable iaanner within four weeks from the date that notice of the dispute was received by the other Party, the matter shall be referred to the respective supervisors of each DC. If they are unable to resolve this -dispute within four weeks, it shall be referred to the president of Christ and to Jim Nelson, Director Facilities & Services, Facilities Asset Management Organization, Boeing Co111111ercial Airplana Company or his successor, for resolution. 14. NONOPPOSITION By execution of this Agreement, Boeing withdraws its Co111111ent Letters and agrees not to oppose a:r.y existing or future ~ermits and Approvals which Christ has sought or in the future 11\aY seek, or which the City or all,y other governmental aqency has g:eanted o:e in the futw:e may grant, on the construction of the Redevelopment as desc:eibed in this Agreement and as shown in Exhibits D and G, and so long as ·8-,mm •• Christ has complied with the tel:1115 and conditions of this Agreement, Boeing also a,;rees not to take any other actions which might have the effect of stopping, delaying or increasing the cost of construction of the Redevelopment as descril:led in this Aqreamant and as shown in Exhibits O and G and not to in any way aid, assist, or cooperate with other persons or entities who oppose the Redevelopment. Boeing does not waive its right to legally require that the Redevelopment be constructed in conformance with the terms and conditions of this Agreement. 15 . stlCa,SSORS AND ASSIGNS • The rights and obligations of the parties shall inure to the benefit of and be binding upon their respective successors and assigns. 16. Gi:NZIIAI. PllOV'ISIOIIS (a) Entire ~t This instrument, including the attached Exhibits A, B, c, O, E, F, and G contain the entire agreement between the Pa.rties with respect to the subject matter hereof and shall not be modified or amended 1n any way except in a writing signed by duly authoriied representatives of the respective Parties or their successors in interest or assigns. Cb) 11:nl'or-nt It is agreed that the remedy at law for any breach of the agreements contained herein would be inadequate and in the event of a breach of this Agreement, the aggrieved Party shall be entitled to injunctive relief as .well as damages tor any such breach, Tha pravailin; party in such an action shall be entitled to recover its reasonable costs and attorneys• fees, including those incurred in any appeal trOJD. the judg111ent of a lower court. (a) Notice Any notice or other co111m.11nication ot any sort required or permitted to be given hereunder shall be in writing and shall be deemed sufticiently given if personally delivered, transmitted by facsimile, electronic 111.aJ.l or three days after being mailed by U.S. certified mail as !allows: -9-91171'9 u-, cry u-, = = = c:, c.=, = "" To Christ: And to: And to: To Boeing: .And to I (d) Govuning La.w Michael Christ, President SECO Development, !nc. 10843 NE a•~ Street, Suite #200 Bellevue, WA 98004 Facsimile: 425/637-1922 Peter L. suck Brent Carson Buck , Gordon LLP 1011 Western Avenue, Suite 902 Seattle, WA 98104 Fa~simile: 206/626-0675 Willial!I N. Appel J>.ppel, Glueck, P.C. 1218 Third Avenue, Suite 2500 Seattle, Washington 98101 Facsimile (206) 625-1807 Gerald Bresslour, Esq. The Boeing Company HS 13-08 P.O. Box 3707 Seattle, WA 98124-2207 Charles E. Maduell Perkins Coia 1201 Third Avenue, 48'" Floor Seattle, WA 98101-3099 rac:simile: 206/583-8500 this Agreement !!hall be governed by and construed in accordance with the law!! ot the State ot Washington. Venue tor any action arising out at this Agreement shall be in King County Superior Court. Time is ot the essence of this Agre811lent, flXIGCIQ,OGOQ/SIIS,ZUCl.l:tlJ -10.. 9117"9 . ' All at the tel:llls &nd canditians cantained herein are material and sul:lstantia~ ta Boeing's agreement net ta appose the Redevelaplll9nt. (gl Baadinqs The headings and subheadings cantained in this instrument are salely far the convenience at the Parties and are net to be used in construing this Aqreement, (hi Authority The persons executing this Agreement on behalf of the respective Parties hereby represent and warrant that they are authori:i:ed to enter into this Agreem.ant on the tel:lllS and canditions herein stated. Ci) Coun~rta This Agreement !DaY be executed in caunterparts, all of which shall be deem.ad an original as it signed by all Parties. (jl Binding Effaat This Agreement shall be binding upon the re:,pective successors and assigns ot the Parties hereto and shall inure ta the benefit at and be entarceable by the Parties hereto and their respective successors end assigns. (kl Cont'idal'.LtiaU.ty Ch.ri:,t and Boeing shall hold in the strictest confidence all document:, and intol:lllation concerning the other, and the bu:,ines:, and propertie:, of the other, Each understands that disclasures made by Christ to Boeing under Section 3(c), and either to the other under Sectian 9, shall be !Daintained in confidence, The toreqoing notwithstanding, neither party shall be prohibited tram. disclosing to its investors, con:,ultants, brokers or dealers such information as is customarily disclosed in cannection with similar matters, nor shall this section be con.strued to prohibit either party from. disclosing information that :I.JI required by law. IN WITNESS WHEREOF, the Parties !uife caused this Agreement ta be executed as of the day and year first above written, ~n1221 t111/H . ' MICBAEL CB1US'l', OllE , I.LC, a Wa!hinqton Limited Liability Company By:~- Title: M.f:Ml;;i rt". Cift 01' IIU'!QN . -~--- s: ¥,y9t -12- Phil.ip W. Cy'ourt Attcrney-in-Paot Pr•eident, Boeing R•al.ty Corporation = c:, c:, <'-1 Legal daa=iption a! Southport P:ope:ty Parcel Bo! City o! Renton Lot Lina Adju3tlllant ·Number LllJ\. 98-176, recorded in King County, Jlla3hington under Racording No. 9902019014, located in King County, Washington. .13. 9117,., ..,.., (Y) .., = = = c-- ~ ~ = = c:, '" DBIBI! B to KCNOPl'CS:t'l'ION AGRJ.IMEN'r h!ir• 1 of' 2 'l'he property owned by The Boeing Company and the benetitted property in this Agreement is located in Renton, King County, Washington and is identitied by King County tax assessor numbers listed below and as depicted in the attached drawing: 072305-9001 082305-9152 082305-9079 722300-0105 082305-9011 756460-0055 722400-0880 082305-9019 722300-0115 722400-0865 072305-9046 082305-9187 082305-9204 082305-9209 082305-.9037 072305-9100 -14- .. •• ...... . ... ········· 1i, IC .. V, en u, = = = ,_ ~- c~ C.l = C",I .. . . 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I. t t:,·1nc ~:Uto!J'lY ll:' t!..• foli..;..;lni:-11t.~t-r1L• ..... _ :, :-1.;. ::-q;J;t o!" ""Y llu~ ~ S..:-01'\dary 3t.,t.o Jtii;m,,a:;r-:,-:i •• -A, kenCQ!i ";,,;, ~•~-.:.·- d:r.la, ll"1:'<>r~lrir: ~·> Ulct im.ps t~ffeof r.~•-::i~ reeor:i .. nd ,:,:. ftle 111. the -,r::ke •J!" ct,,a l!.lr&cwr a=:-lli~hva7s ct olr,iipl<1., ',l;:au.ilrld;ton, ...rrl ~rlN?; dll.tOI or-:ii~pr,,,;i;. April L.., l':>15~; Ca:m~<! 11.t me. Jtort.,eut corne:' \). t..:-ui t:.11! M·,1t .,q-er :ittc'Uon 11; vivoov South 03• 37' <-,:at. W.t>J r ..... t t.o lll,:byu_;- Di&lMe!'111 8tkt.1cin P,l, JlO•.l.:,.., .>1, :.), .. ""nto,r llril:' ;,u-ny o::-r.;i.ld hlgti..._::,; U11n)C"• S.::.11th )\.."' £2 1 ~·.,~t., /~.c..l} r"'ct, to 111gttl/8)" ~lJteOZ"'.:: .Su.t.Lon P.c • ..;w.+00,lll thonc,11 dl rli,;h\ ancle1 t.:i said bii,i,n;y conter J.:!t111, liorth 5J' .J"' •~·~l, .:w t••t. t::i II pol1rt on sntd. .-oi;Wrl,y t-!~t. or ,my Ll, ..... ,a :..'i,: b11111an1ne o:.' tb.b r1Ght "~ 1,:;,1 '...ln,i <len•r!.pL1ou; 1.l,l'llt'"' !":r.i,,:: n. ta.nce~t vb.lch OOar::; lforth .io.J" ~~· Sa.:it,. ,.loll(. t.t,c, ion ,,r :.. i:v.:rve to tbe l•ft tlavln.: l!. nd.1U3 ot L,!.J.,<'.~ !'e•t, ?'Jl.~~ fr,..,L; ta•ru::• l:,Jrth 81• 31.1 E:i.:.t, h h~L; l.heuc:1.1 froc .:a. t:Lnt:81,l l'b.1eh ~:: lla:-t.h ~· .!6 1 \I, t.t.y ;,lot'-( 1:hv ;or,: or a. curwe to th.• l..X:t. hli.Vifl[! ll raJJ.u11 Ol' ~, ,'.~ 1"ut, JiH~01 roaq t.he11e11 110-rth 23,• OS• 1,',u.~, r,-,..'J !'-'<>L-;. L'•ei,r,a ala~ •narc or a e-,u,vu to th• rl;tit b11...-1~ .i. r .. ..ii~:1 of .i.ll585 r••t, U>ltt:1.3 teet; thence SOU.th n:• Ol• <."U" :,,,i,;'l't, ~5 r11i!lt.; Uleni;:11 rroa a t&ng1t1\t vb1ch betu'S fjarth l'/" "''' i.v• 'I/est, alol\g thOII «re ~;.t;C~!°!i:~~ti!~\~'tTJ~'!i t;1!1~ r!ei~·~!"i~~•f, ':aJJ&;IW~ vb1ch bean Borth J.6<o 5-6• I.to-Vrn;t, aloug: tbe ari: or a ,:urv• to t!l• rtltbt. h11.vln,g .,. r:;,.d.lv..:;: ""r ll,S85 (,nt, 5'55.D -· r.o.tr:..tb11111:• Jforth. 1.li.• 12• va:st. 6ot.2 r•et; tb11n1:e S<:iut!l. .• ~ .?Jio-'i,!!• Vest, 1':i tea.ti theDCe-£roa1 • ~,nit vhkh bel.r.s Jllorth .• -~1.1t--12.r Vest, along tb• .u-e or a carve to th~ right hav!.nit a · r~.~ ~66o 1'•et, lol.5 teet.; the:i<:"' 11"r..1.tb. :i'li• l.7• 'ib'" -W.st;, i!:5'"£eet; thu.c• f'rOIII e. t.l!:1£:e:Dt vhlcb bears Korth 13• J.+21 ~=s!i-~gfis~:.~11 i5.L9 ~:.;~::a!:;!~~ ~=1~••56" Ea.st;;.2.ft'eet.; thew:• troa • tei,geat vtilch t>ear:s !forth 12• 57 1 '1t-, Vut., aloll,£ u.i:: arc or a cUMe to ~11 richt barlr.c; a ~-at U.,66o f•et,. l.J.O t:t•t., aor11 c:.r .lass, t:o • po.1.nt -i.::--..11.118 p.a:rallal. wi1l2l aZJd 200 ra.at <tJ.stuLt soutl:111:rl.J' ac t!ui lkn!lh _ll!Ut ~ Aid. Sectt.ou a ain. ~ ui1 -:r this E"ight :-·:':..~;'arwq; llDe U.crlpl:i!la. . ,::<., ~·~ -'t "'', ... :r1~t: ·--::..'7~\-.,'.:...,..2',\-=-t·-';,-.~ ~~;:~ ·~- ... :::-;:)~ ::.~..' .,,,.,;_..c7: . ~ :· ~.,. RESEa,um, &Qill'fiR, to th• aald Or1U1tor, 1t1 ISl:!t:,;Hsor, am\ a.ss11ns, tbe rlgtii; to r•o .. • r1U 11&ter1al rrllrll ia14 proplQ'ty to tho lll:ten.t and. qpc,n the t11r11s and eoniS1.t1on1 aot for-th l.11 a. ,n-1tt.n a1n ... nt. do.tad J•ine 5 1 19%, bet•rHn Kl~ G~tor .,n4 tb• lleparbli.•nt ot B1'ftwaya or tbe State or Washington, actin,g: t.hrOll.l'b tbll Pirti,etQ? ~ li1gkvay.,, "'"~.-h .... 1c1 Jt,tr .. -•nt 111. berei'i,y IIM411! • part hereo[' b7 rarei;-ec.~11 a.11 1'Ull1 8'i! though .Ht .forUI at. .111~ ttl ll<11roln. ate e. cul.v-rt 4ra.ln Wld.tir~rourul. ai::rou t.>i..t partl.on o£ :sa1<1 property l.y1rtg tlthUI. U:ie nc,rther.1.¥ )O r11•t ar tha .11orthwe::1t qu"I"ter o:r the :ooutheast qvart.r or a..!d, SaeU.on ~ ;,.nd ot.'u1r prope=-ty, gl'..ntotd ti., 'th,s Unibtd St.11.tas ot .l.:larie.a, DY instrument. IUIL"J Oi:.!toller ll, l.9lf.J, rai::erc,lml D.ceab= ~l, l<J't.), 1n roluaa 2191 11:f" rlfled&1 p,io~e :,.95, lU'lder 11.wlltol:•s t:U-e l!lg. Jl51:IJ2. h an aii1eii.t1al pa.rt o! Ulla tn.mraetiop, tne ulld .. rsicr>ed Granto?"1 as l)VAt!I' ·or a i:,aortion or Sllld Sttet1on 8, er vhleh Un:o .l.ands h=ln. c:~ are a put, bereb;-tOlll'eys and nl11111,i;,5 to Ute !.'.ti. te or. Waal:IJ.rlCtoD .U ~uea;. tu'Lure or pot11tJJ1t1al '"'•e:c;onu of' ac-can, lieht, T1h' And IU.l"1 •nd •ll eas .. ents or in,:re,u. llilU -C'l"••s to, :rrm. a!ld bat\l'HO kid S..::i;irdu1 Sb. te !i!chvaT "'"'· ~ .... Rell.to.A to ~b aDd tbe Grantor's r-1nln,,: lands in SUd &teUon 8 abuttinl QIUI saJ.d b.iS)lv.,y. lt :ls •:q,roa,s.l.J,t 1ntuded that the.sa eannants1 blad9='8 ud rit:strJ.cci.on:s shall nm vI.th tbe land and .shall f'arwH~· bl.ad. Ut• Grui.t:or, 1ta .succ•ssors a.JJd easi,,::a..s.- • Df"'oafllBSS ~• S&1d lir.ut.tor hall caused thl.• 1".Jtru-.eci.t to be-~t.4. ~ 1,.ta propa;r otfic:ar•t a.ad 1.t..s eCJrporllUI se.a.l. to 1,11 __ ~; ·~ ~-~da¥ or JJtOkrSftA, , 1956. PJ.Cll'IC CCII.st R. a. CO., .,,./LL /$c ., /? PrN.ld1111.t.. ....... /? -,t-;c; .. t--f::; « .. <• 1 •Qry .. • -- STAn; OF ',IA.SHINGTCl:I CaWltf 'II( !t: l b. 6 ) ... , L'J!i~, t,efQra JU! pt;!J' m11 ... Ul<I Pre:.:.t,\,e1,t .. .nd •·e~:r-1:t.....7, re:ro«tL\'t!i.,;, i:,r PACl'='IC COAST k.fl. Cll., tht1 t'Ur,.er.,tlan l:h:..t ~1. .. rut~ t.ti~ "\th.1n 1,.11<1 rorec111r..;; tmnru:u:nt, o:.L.:I JCtCr.Cll,~i,,;;;l L.!:c -dol.i ln,str,111,,,;-,t u., ~ ti,-. !r~ ,,r,1 ~<ilur,t;.r~ :;,i,.,J. <>l Q!e u:i.i-'.le -»~pcr-:t.,1 .• :~ 'otl°:"lt::::.J W\-;i:J\~V'• L f,~'/'-' .!l~<. . -1 ::._, ,. ,rd .. ,.d .. :r.ru ... -11 ~oUU;~ i"ubEc i'tt and far tlu, :;tat,e ~,, w-.,.s:,.1,~t<>"• r .. .s!Jtnr at. • ..::11.ttle. 1111• _-;-.,._ ·:,.::;; ',,. ,·.-_: ·..c-~:-·=~;~~\~". :, ~• ,';.;,-Fj '}.;i"; //--;;:,. '.,.-~,• .~ J,_L,T<·" .. '1fl:,J,::, ,J" .L"J.l()a~ ... .:.-·.e..- J :, ?JS: ca:J· :u:c zuc:1; h F ll Isa BHJ 2 !5 C I ::11. fl j 0 • • g :cluc.u bu: fOHj r · 16 SW' AGREEMENT AND LICENSE FOR CAG-OS2-9l RLED FOR RECORD AT REQUa, 1., Off1CE OF 1llE C1IY Cl.ERi\ RElllllll UCIIW. BIDG. 200 IIIRl AVE. SO. REll!IXI, 11A 98055 ~8 JP. 13.00 >.00 91...-of>/06 R:l=CD F r::tff.FEE CASHSI. FIRE MAIN INTER-TIE AT NORTH 8TH ST. Am) PARK AVENUE "'"'*1S. 00 S5 THIS ACREEMSNT is made this .iA.._ day of ':::llll'~ . 19'1/, between The City of Renton, a municipal corpoxati I c·arantor• herein) and The Boeing Company by and through its division, Boeing Commercial Airplane Group, (·Grantee· herein). Recital:, I. Granter has requested that Grantee construct and maintain a fi~e main inter-tie (as hereinafter defined) for the purposes of providing increased fire protection. II. ~rantee has agreed to undertake such construction and maintenance subject to Granter ~ranting licenses for purposes of such construction and maintenance. III. Gtantor aod Grantee desire to enter into this agreement setting forth their respective obligations and rights regarding such license. A,areements In consideration of the perf~rmance by Grantee of the covenants, terms and conditio~s hereinafter set forth, Grantor hereby grants to Grantee the following licenses: A. A license across, along. in, upon and under Grantor's property described in Ezhibit A (plan sheet Cl of the Fire Water Inter-ties project, Harris Group Inc. contract 190-1177. Boeing job 13al86D). attached hereto and by this ~eference made a part hereof, for the purpose of installing, constructing, operating, maintaining, removing, ~epairing, replacing and using a fire main inter-tie near the intersectio~ of Nocth 8th Street and Park Avenue North consisting of the entire utility ass~mbly from the point of connection into Grantot•s Watec Main near t~e intersection of Horth 8th Street and Park Avenue Horth over to the point of connection into Grantee's fire main en the we~t s!de of Park Avenue Notth, including all piping, valves, meters, specialty items. valve vaults, equipment vaults, electrical equipment, electric~! serv!ces, concrete work and paving (herein the •rnter-tie·), togeth~r with the nonexclusive ri9ht of ingress to and egress from said property for the foregoing purposes; -I -15al[I lfc·l/ur /JF._ S3<1 . ..lC. <1-'1 I</- I i I I ! ' D -., • .) I -2 5 xJD.,, ... I • • C • 0 • • • B. A temporary license for purposes necessarily and reasonably celatea t~ the construction of the Inter-tie across, along, in, upon, and under Grantor's property described in Exhibit B (Pl·an Sheet Cl of the Fire Water Inter-Ties project, Harris Group Inc. contract 190-1177, Boeing job 1301860) attached hereto ar.d by this reference made 3 pa~t hereof, said license to commence on the date of this instrument and to terminate when construction of the Inter-tie is completed and the poction of the Inter-tie on the property described in Exhibit Bis conveyed to Granter by Grantee by a bill of sale; and C. A license for ingress to and egress from tbe property described in Exhibit A and B hereto upon, along, and across Grantor's property described in Exhibit C consisting of Plan Sheet Cl of the Fire Kater Inter-Ties project. Harris Group Inc. contract 190-1177, Boeing job 1301860) attached hereto and by this reference made a part hereof. The terms ~license~ and ·license area• in this instrument refer to the licenses granted with respect to the prQperty described in Exhibits A and C, and, for the period of its duration, the license granted with respect to the property described in Exhibit B. This license is 9ranted subject to and conditioned upon the following terms, conditions and covenants which Grantee hereby Fromises to faithflllly and fully observe and perform. 1. Costs of Construction and Maintenance. Grantee shall bear and promptly pay all costs and expenses of construction of the Inter-tie. Grantor shall pay all costs and e%penses asso~iated ~ith the maintenance and repair of the Inter-tie upon Grantor's property described in Exhibit B~ such Inter-tie to be conveyed ta Gcantor by Grantee by a Bill of Sale. Grantee shall pay all costs and expenses associated with the maintenance and repair o( the Inter-tie in tbe license azea described in R~hibit A. 2. Specifications. Grantee shall construct the Inter-tie in accordance with the specifications for the project set forth in Technical Soecifications for Fire water Inter-ties. Harris Group project no. 90-1177~ Boeing job no. 301660, dated7"7fi11D (the ·Technical Specifications•.) 3. APProva] pf Plans. Prior to any construction, alteration, replacement or removal of the lnter-tie, a notification and plans far the same shall be submitted in writing to Grantor by Grantee and no such work by Grantee shall be coamenced without Grantor's prior ~dtten approval of the pUns therefor, which approval shall not be unreasQnably withheld or delayed; PROVIDED, HOWEVER, t~at in the event of an emergency requiring immediate action by Grantee far the protection of its facilities O! othet perso~s or property. Grantee may take such action upon such notice to Gr~ntor as is reasonable under the -2 -150l[I. " ..... 'c' a·-&~ di .. ari: .. ';$ ft ,, ' • I . • 0 • • • circumstances. Grantor has a~proved the plans and specifications set forth in Grantee's above-mentioned Technical Specificatio:)s. 4. Coordination of Activities-Grantee shall coordinate the dates of its ·constructi.on and other major activities on Grantor's property with Public Worts Field Ma.int.Dept. or such other employee of Grantor as Grantor may f~om time to time designate, and Grantor shall make the license area readily accessible to Grantee; and free from obstructions and other uses that may interfere with construction of the Inter-tie or its use thereafter; PROVIDED, HOWEVER, that in the event of an emergency requiring immediate action by Grantee for the protection of its facilities or other persons or property, Grantee may take such action upon such notice to Grantor as is reasonable ur.der the circumstances. S. work Standards. Upon completion of construction of the portion of the Inter-tie on Grantor's property, and upon completion of any subsequent work performed by Grantee on Grantor's property, Grantee shall remove all debris and restore the surface of the property as nearly as possible to the condition in which it was at the commencement of such work, and shall replace any property corner monU!Dents, survey reference or hubs which were disturbed or destroyed dudng construction. 6. Access by Grantee During Construction, Grantor shall make provisions for continued access by Grentee along, over, uDder, and across Park Avenue and North 8th Street during periods in which Grantee is conducting construction. During construction, Grantee shall endeavor to minimize interference with the free passage of traffic along Park Avenue and North 8th Street; PROVIDED, HOWEVER, that Grantee oay divert traffic as needed to accomplish construction. Grantee shall submit to Grantor for approval a written plan for diversion of traffic, such approval shall be 9ranted within aeven (7) days of receipt of s~ch plan and shall not be unreasonably withheld. 7. Grantee's Use ind Activities. Grantee shall at all times conduct its activitie$ on Grantor's pr~perty so as net to unreasonably interfere with, obstruct or endanger Graritor•s operations or facilities. B. Use of the ticense Area bv Gtantnr. Grantee has been advised and is aware that: Granter is using or intends to use the tropertr subject to this Agreement for the purpose of public right of way. Granto& may continue to use the property for such purpose so lonq as the use does not unreasonably interfere with Grantee•s e~ercise of its rights under the license. 9. Interference With Grantor's future faci Hties. paragraph 10 herein, in th~ event Gcantor desires to facilities relating to Grantor's opera~ions on or in .. 3 - Subject to construct the 150Ull '\ I i • I • • --~=.._· .sb~_;;,· ·.~ .. ,.-;.;··.,..-=.,· ... iil·tao· i<il iii,a".a.'a:aiZlllflli-~(iil,IJ .. -'-"""·oteiil· .,. iii'liiil··11;;1ili·:o11tt-"'ii1QQ;·-· ~.?~5i1· ~X, ... al.J.OJ· l....~...;..c.~~ .. -,. _ 32 xi [ () 0 • • vicinity of the license area described in Exhibit A hereto, and the location or ezistence of the Inter-tie located in the license area described in Exhibit A substantially interferes with such proposed facilities or construction thereof, or makes such construction or facilities substantially more expensive, Grantee shall either in its sole discretion, (a) relocate, protect or modify the Inter-tie located in the license area described in Exhibit A so as to eliminate 5Uch interference or expense or (b) reimburse Grantor for its added ccsts of design, construction, installation and/or acquisition of other property, but Grantee shall be obligated to act under {a) o~ (b) only upon the following conditions: (l} The location and existence of the Inter-tie is the sole ca~se of such interference or expense; PROVIDED1 HOWEVER, this condition shall Got be applicable if all other causes contributing to such interference and expense existed prior to the installation of the Inter-tie. (ii) Granto~ shall have given Grantee advance written notice of its intention to undertake any such construction. together with preli~inary plans and specifications for such work1 identifying the potential conflict and all design information relating thereto. such notice and plans shall be given in no event later than 1il.!!_ P.:.) months prior to the commencement of the work. (iii) Grantor shall cooperate with Graatee in developing and considering various alternative designs for Grantor's Eacilities and shall supply all Grantor~s design data necessary therefor; (iv} Grantor shall provide Grantee with such additional information as is available with respect to the construction and ope~ation of its facilities to enable Grantee to determine the feasibility of any alteration and/or relocation of the Inter-tie located in the license atea desc[ibed in E~hibit A or Grantor's p~oposed facilities to avoid or diminish the conflict between such facilities. {v) Gear.tor shall amen~ this Agreement with respect to the license acea described in Exhibit A, and shall prcvide Grantee with such temporary rights and such additional license rights on the property as are required to accomtOCdate any alteration and/or relocation of the Inter-tie on Grantor's property so as to enable Grantee to avoid or diminish tbe risk of dafflage or destruction to, and interference with, the operation and maintenance of the Inter-tie. Grantee shall give written notice to Grantor within two (2) r.:or,thS of Grantor's giving to Grantee the notice a:nd other information specified in condition (ii) of this p~ragraph 9, -4 -ISQLDI '\ .. • I .!: : a ,, ,. __ ........ · --·--.... " .......... 2 ... s..,x...,.l ... o ...... _~ .. - • • 32xl1 C • • • by which notice Grantee will elect to {a) reloc~te, protect or modify the Inter-tie located on the property described in E:xhibit A, oc (b) reimburse Grantor for its said added costs. if Grantee elects to ~elocate 1 protect or modify the Inter-tie, it shall commence work promptly and diligently prosecute such work to completion prior to the scheduled date of commencement of Grantor's construction. Grantor's added costs reimbursable under this paragrapn shall be only those direct and actual reasonable costs necessarily incurred by reason of the location or ezistenc& of the Inter-tie located on the property described in Ezhibit A. 10. Widening of Riahts of Way. If Granter elects to widen or otherwise alter or modify Park Avenue or North 8th Street such that Grantor condemns or otherwise takes possession of property awned by Grantee that contains any part of the Inter-tie, Grantor agrees to extend the license granted with respect to the property described in Exhibit A to include such newly acquired property at no additional cost to Grantee. This section lC in no way constitutes an agreement or admission by Grantee that Grantor is entitled to take possession of property owned by Grantee. 11. Hold Harmless. Grantee shall defend, indemnify and hold harmless Grantor, from and again.st all actions, causes of action, liabilities, claims, suits, judgments, liens, awards and damages, of any kind and nature whatsoever (hereinafter referred to as ·claims•), fo~ property damage. personal injury or death and expenses, costs of litigation and counsel fees related thereto. or incident to establishing the right to indemnification, in any way related to the Agreeuient. the performance thereof by Grantee or its subcontractors. ir.cluding without limitation the provision of services. personnel. facilities, equipment, support supervision or review, to the extent such Claims arise out of any negligent act or omission of Grantee or its Subcontractor. This indemnity will be applicable to a claim only if Grantor: (i) notifies Grantee of the claim or liability in writing within such time as to permit Grantee to protect its interests; (ii) permits Grantee to defend or settle agu.-wi:: the claim or liability; and (iii) cooperates with Grantee in any defense of settlement against the claim or liability. 12. Comneccial General Lhbilitv rns'-lrance. Throughout tha period of performance of this Agreement, Grantee shall carry and maintain, and shall ensure that its subcontractors ~arry and maintain, Coim.ercial General Liability insurance with limits of not less than Two Million Dollars ($2.000~000) per occurrence for bodily injury. including death, daiaage or. -s -''""" • I ;;,-· .. :._;· ·'··-·-5 ctr·# nJJ ·•----~'~,~--~-;,' ·~·;,t;;··-.. '.,.-,,-•·-... ,;·,., .at,,2~-.5cx..,. ~-,...-~luO .. -""--~ • • • -------- 0 • • • • alternatively, Two Million Dollars ($2,000,000) per occurren~e single limit for bodily injury and property damage combined. Such insurance shall be in a for~ and with insurers reasonably acceptuble to Grantor, and shall contain coverage for all premises and ope.rations, broad form property damage and cont~actual liability (including without limitation, that specifically assumed herein). Any policy which provides the insurance required under this Paragraph 12 shall nante Grantor as additional insureds to the ex.tent of the contractual obligation set forth in Paragraph 11 above. 13. Workers· CQmoensation-Throughout the period of perfoanance of thi~ Agreement, Grantee shall cover or maintain insurance, and shall ensure that its subcontractors cover or maintain insurance, in accordance with the applicable laws relating to workers• compensation, with respect to all of their respective employees working on or about the license area, regardless of whether such coverage or insurance is mandatory or merely elective under t~e law. Grantee shall also carry and maintain, and ensure that its subcontractors carry and maintain, E:lllployers Liability cvverage ~ith limits of not less than One Million Dollars ($1,000,~00) per accident. 14. Certificates of Insurance. Prior to the commencement of the work, Grantee shall provide for Grantor's review and approval certificates of insurance reflecting full compliance with the require.JDents set forth in Paragraphs 12 ancl !3 above. Such certificates shall be kept current and in com~liance throughout the tean of the ~greement and shall provide for thirty (30) days advance written notice to Grantor in the event of ~ancellation. 15. Termination of Licerise. ~ither party may, upon 6 months advance written notice, teC111.inate the license; PROVIDED, HOWEVER, that no termination may occur by Grantor during the initial two year period co.m.encing on the date of tbis Agreement. 16. RetllOYal of Inter-tie on Termination. Upon any termination of this Agreement. Grantee shall, on or before the effective date of termination, remove the Inter-tie from the license area described in Exhibit A and restore the ground of such area to the condition now existing, or. in the alternative, take such other mutually agreeable measures to minimize the impact of th~ Inter-tie on the property described in Exhibit A. Such work, remo.val and restoration shall be done at the sole cost and eipense of Gtantee and in a ~anner reasonably satisfactory to Grantor. -6 -150!..Q ., • I • • • 0 • • • 17, Notices, Notices required to be in writing under this Agreement shall be given as follows~ If to Granter: If to Grsntee: The City of Renton The Boeing Company P.O. Box 3707, Seattle, Washington 98124-2207 Attention: Director of Facilities Renton Division. fll/S 63-02 Notices shall m3 deemed effective, if I11ailed, upon the second business day following deposit thereof in the United States mails, postage prepaid, certified or registered mail, return receipt requested, or upon delivery thereof if otherwise given. Either party may change the address to which notices may be given by giving notice as above provided. l8. Assignment. Neither Grantor nor Grantee shall assign its rights, privileges, obligations or linbilities hereunder ~ithout the prior written consent of the other party which consent shall not be unreasonably withheld or delayed; PROVIDED, T}J.AT, Grantee may assign its rights, privileges. obligations and liabilities hereunder to its divisions and subsidiaries without the prior consent of Grantor. 19. Successors-Subject to the preceding paragraph, the rights and obligations of the parties shall inure to the benefit of and be binding upon their respective successors and assigns. EXECUTED as of the dat~ hereinabove set forth. The City of Renton The Boeing Company tbrough its division, Boeing Conanercial Airplane Group By: 1;:d 2Z-, .. -l/(/f/ Title: 0,recfJ . .-...,( fi.-t.cd,T,es -1 -l50UI 't"1¢'rl£7 '\ • I . • (l) (l) a, 0 CD 0 CD 0 .... a, • • • STATE OF WASHINGTON } ) s.s. COU!ITY OF ) ,-_ I ttrtify that I. know or have satisfactory evidenc~ that E:9d ~_JJl'.bPr: ~1gned this instrument~ on oath stated that ...' was a thorh:ed to ezecut t e · r and acknowledged it as the of · to be the free and voluntary a of such party and pUrposes mentioned in the instrument. DATED ffio~ d-5, l~ q/ STATE: OF WASHINGTON COUNTY OF K7 ss. I certify that I know or have satisfactory evidence that '1;6. /Y)4C,ir1QAOgA,Q signed this inatrllDlellt, on oath stated that {tg ~ was auµorh:~ to execute_J:he io.st:rument and acltnowleclge4 it as the ~:f:rru of h'ici/;t«'!n to be the free and voluntary act of such party foe tbe uses and purposes mentioned in the instru:nent. DATED KOTAR.Y PUBLIC in aud for the State of ilash!ngton, redding at :zl'-.1;1:t U,~ My Ap:po1ntment '.expires: ~ q • I! ' • I . . 0 ' • • - • I • • • C . - Return Address Office of the City Clerk Renton City Hall 1055 South Grady Way Renton, WA 98055 Document Title(s} (or transacllons contamed therem) I Development Agreement Reference Number(s) of Documents w,gued or released: (on page_ of documeuts(s)) Grantor(s) (Last name first, then first name and trullals) 1 The Boemg Company Grantee(s) (Last name first, then first name and mmals) l Cuy of Renton Legal description (abbreviated , e lot, block, plat or secllon, townslup, range) Porllons of Renton Fann Plat, Renton Farm Plat No 2, Plat of Sartonsville, Renton Boiler Works Short Plat, Renton Farm Acreage Plat, City of Renton Shon Plat, CH Adstt's Lake Washmgton Plat, and Government Lots I, 2, and 3 -STR 082305 TAXLOT 55 PCL I BOEING, STR 082305 TAXLOT !15 PCL2 BOEING, STR082305 TAXLOT 880PCL 3 BOEING, STR 082305 TAXLOT 19 PCL 4 BOEING, STR 082305 TAXLOT 9 PCL S BOEING, STR 082305 TAXLOT 37 PCL 6 BOEING, STR 082305 TAXI.OT 105 PCL 7 BOEING, STR 082305 TAXLOT 152 PCL 8 BOEING, STR 072305 TAXLOT l PCL 9 BOEING, STR 072305 TAXLOT 46 PCL 10 BOEING, STR 082305 TAXLOT 11 PCL 11 BOEING, STR 082305 TAXLOT 187 PCL 12 BOEING, STR 082305 TAXLOT 79 PCL 13 BOEING, STR 072305 TAXLOT !00 PCL 14 BOEING, STR 082305 TAXLOT 204 PCL 15 BOEING [RI Full legal 1s on pages 8 through 17 of document Assessor's Property Tax Parcel/Account Number Portions of the followmg #756460-0055-04, #722300-0115-08, #722400-0880-00, #082305-9019-00, #082305-9209-00, #082305-9037-08, #722300-0105-00, #082305-9152-07, #072305-9001--01, #072305- 9046-08, #082305-9011-08, #082305-9187-06, #082305-9079-07, #072305-9100-0J, #082305-9204-05 [03003-0105/SB020080 05 l] 6/20/02 ... ' = = = DEVELOPMENTAGREEMENTBETWEEN THE BOEING COMPANY AND THE CITY OF RENTON FOR THE BOEING RENTON AIRCRAFT MANUFACTURING FACILITY I. PREAMBLE Tius DEVELOPMENT AGREEMENT ("Agreement") between THE BOEING COMP ANY ("Boeing"), a Delaware corporation, and the CITY OF RENTON ("City"), a municipal corporation of the State of W aslungton, 1s entered mto pursuant to the authonty of RCW 36 70B 170 through 210, under which a local government may enter mto a development agreement with an entity haVIng ownership or control of real property within its Jurisdtctlon II. RECITALS A Boemg 1s the owner of certam real property, known as the Boemg Renton Arrcraft Manufactunng Fac1hty ("Renton Plant" or "Plant"), located m the City of Renton, Kmg County, Waslungton, as more particularly descnbed m Attachment 1, wlnch 1s attached hereto and by tlus reference mcorporated herem B The Renton Plant consists of approxunately 279 acres located at the south end of Lake Washington m the City of Renton. The majonty of the Plant site is located withm the Industrial-Heavy ("IH") zorung district and 1s designated Employment Area-Industrial by the City's Comprehensive Plan. An approX1IDately 21-acre portion along the site's eastern boundary is zoned IH and is designated by the Comprehensive Plan as Employment Area-Transition (Intenm) C. The Renton Plant was onginally developed for construction ofmtlitary aircraft durmg World War II, with the first Plant bmldings completed in 1942 MaJor bmldtng construction occurred m the decades of the 1950s and 1960s By 1989, the Renton Plant contained 69 maJor buildmgs with a total enclosed floor area of approxunately 6 9 nnlhon square feet D In the late 1980s, Boemg planned an expansion of the Plant to accommodate proJected production needs for the 1990s and beyond. For that proposal, the City of Renton issued an envuonmental impact statement ("EIS") pursuant to the State Envuonmental Policy Act ("SEPA") that disclosed and analyzed the envrronmental 1IDpacts of the addltion to the Plant of new buildings and mcreased employees DEVELOPMENT AGREEMENT [03003-0105/SB0200&0 OS l] PAGEi 6/Z0/02 ... = = = E The EIS describes, among other alternatives, a "Proposed Actlon" to add four structures (the 4-80 bwldmg, expansion of the 4-82 bwlding, a 16,000 square foot additlon to the existing 4-86 bwldmg, and construction of a SIX-level parkmg garage) and 1,500 employees to support a forecasted productlon mcrease Based on impacts of the Proposed Action, a "Mitigatlon Document," dated February 20, 1990 and revised March 7, 1990, was issued by the City's Environmental Review ColDllllttee ("ERC") F The EIS estabhshes that, without the expansion described by the Proposed Action, the Renton Plant generated 28,140 average dally vehicle tnps and 4,060 pm. peak hour vehicle trips The EIS estlmates that implementation of the Proposed Actlon will result m the additlon of as many as 3,015 vehicle tnps per day and 435 p.m peak hour vehicle tnps per day. G Boeing and the City agree that additional development of the Renton Plant should be regulated and mitJ.gated m order to provide certainty and efficiency with respect to the City's applicable review and approval processes Accordmgly, Boeing and the City wish to enter mto a Development Agreement addressmg certam aspects of Phase I and Phase II (as defined below) development and therefore agree as follows ID. AGREEMENT 1. Definitions For purposes oftlus Agreement, "Phase I", descnbed by the EIS as the "No Actlon Alternative," shall include Renton Plant development existlng as of the date that the Mitigation Document was issued "Phase II" shall consist of the Proposed Action as analyzed and rmtlgated by the EIS and the M1t1gat1on Document, respectively, and/or such other plans for development or redevelopment of the Renton Plant site that may from time to time be approved by the City 2. Vesting and Term of Agreement The City's land use regulations m effect and applicable to proJect applications as of the recordmg date ofthls Agreement shall govern (a) the continued use and operat10n of Phase I for arrplane manufactunng purposes and any other Boemg operation (b) Phase II development apphcallons submitted to the City withm 45 years from the recording date of this Agreement, so long as such applications are for airplane manufacturmg uses Notwithstandmg the foregomg, the City reserves the authonty under RCW 36 70B 170( 4) to impose new or different regulations to the extent reqmred by a senous threat to pubhc health and safety, as detennmed by the Renton City Connell after notice and an opportumty to be heard has been provided to Boemg DEVELOPMENT AGREEMENT [0300J.010l/SB020080 Oli) PAGE2 6120/02 -' - ---------~·-------~ 3 Land Use Regulations For purposes of tlns Agreement, "land use regulations" means Comprehensive Plan policies and zoning standards m effect as of the date oftlns Agreement, provided, however, that Boemg may elect at its discretion that Comprehensive Plan policies and zorung standards adopted after the recordmg date oftlus Agreement shall apply to all or part of Phase II development For purposes of tlns Agreement, the current Comprehensive Plan designation of the Renton Plant site is Employment Area -Industrial and the zoning designation applicable to the Renton Plant site is IH pursuant to the March 15, 2002 Zonmg Map as adopted by the City Council 4 Baseline Vehicle Tnps 4 I Calculation of Future Traffic Impacts and Mitigation Existmg vehtcle tnps associated with Phase I, described by the EIS as the "No Action Alternative," (i.e, 28,140 average daily trips and 4,060 pm peak hour tnps) shall be considered to be vested and to form the "basehne trips" for purposes of the analysis of transportation impacts associated with Phase Il development or redevelopment of all or a component of the Renton Plant site For example, and without linuting the foregomg, tf Boemg elects to dispose of IYf redevelop all or a component of the Renton Plant site, all or a portion of the baselme tnps may be assigned to that component of the site when calculating and deternurung the appropnate mitigation of future transportation Impacts apphcable to that component's redevelopment. Therefore, only those traffic !IDpacts that exceed the tmpacts associated with the "baseline tnps" shall be sub1ect to transportation lllltlgatlon 4.2 Traffic Modeling "Baselme tnps" as descnbed in Paragraph 4 I above (i e, 28,140 average datly tnps and 4,060 p.m peak hour trips) shall be mcluded m the City's traffic model for purposes of estimating future transportation unpacts 5. Other Mitigation Fees With respect to impacts to public seTV1ces other than transportation, future bmldmg demolitions at the Renton Plant site shall be eligible for "redevelopment credits," which shall offset any apphcable mitigation or lillpact fees (includmg, but not hnuted to, nutigation fees for fire and water services) that would otherwise be assessed by the City on the basis of square footage of new floor area for each square foot of floor area demolished. 6 M1t1.gat1on Document To the extent that thts Agreement conflicts with the Mitigation Document, this Agreement controls. DEVELOPMENT AGREEMENT [03003-0l05/SB020080 OSI] PAGE3 6/20/02 ---------------------------------- •· c:, CD = 7 Record1ng. Th.rs Agreement, upon execution by the parties and approval of the Agreement by resolution of the City Council, shall be recorded with the Real Property Records Division of the Kmg County Records and Elections Department 8 Successors and Assigns Tlus Agreement shall bmd and mure to the benefit of Boeing and the City of Renton and their successors m mterest, and may be assigned to successors m mterest to all or a portion of the Renton Plant property Upon assignment and assumpt:ton by the ass1gnee(s) of all obhgat:tons under this Agreement, Boeing shall be released from all obhgatlons under tlus Agreement. 9 Counterparts This Agreement may be executed m counterparts, each of wbJ.ch shall be deemed an ongmal 10. Exprrat:ton. TbJ.s Agreement, unless rescmded by Boemg or its successors m mterest, shall become null and v01d 45 ( 45) years from the date of recording of this Agreement -/11 AGREED this K day of ___ 9r_..4,/M......_L""''./'------'' 2002 DEVELOPMENT AGREllMENT [03003-0IOS/SB020080 05!] PAGE4 6/20/02 -. - cc:,, a:,; = ATTEST: By -~J~e=ss=e~Ta=n=n=e=r-By: Bonnie I. Wal ton --"-==..=,'--"'===---- Its __ ..,11a""-'o"'r~~~-,iil;>i,)"'----~~~ Its -~c~,...,ty,,_.,.c~J=er~k,..__ ____ ~ A~ed as to fomr o<~5?}vu~ City Attorney • COUNTY OF -----"'K""IN""'G'----- On tlus day of June 2002, before me, the undersigned, a Notary Public m and for the State ofWashmgton, duly commissioned and sworn, personally appeared Jesse Tanner to me known to be the person who signed as of the CITY OF RENTON, the corporation that executed the withm and foregomg mstrument, and acknowledged said mstrument to be the free and voluntary act and deed of said corporation for the uses and purposes therem mentioned, and on oath stated that be was duly elected, qualified and actmg as said officer of the corporation, that he was authonzed to execute said instrument and that the seal affixed, 1f any, is the corporate seal of said corporat10n IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above wntten DEVELOPMENT AGREEMENT [03003-Qi05/SB020080 051] (Pnnt or stamp name ofNotary) NOTARY PUBLIC m and for the State ofWashmgton, residing at Se,!fr:!:e. My appomtment exprres· --~-q'4-/--"~'l--'-"""'r,___ PAGES 6120102 THE BOEING COMPANY DEVELOPMENT AGREEMENT [ISB0200800S I DOC] By Ph1l1p W Cyburt Its Vice President PAGE6 6()/02 • ' -""" .,.... = = = CV' = OD = C't ·= ·= ..... CALIFORNIA ALL•PURPOSE ACKNOWLEDGMENT i I State of Cahfomia County of L.o'.:> At-1C.E-LE.~ }~ before me, C>AW>-l ~ 5>1A\/6"R, NoTAIL~ Pueuu Name andT111~ o!Olicer{e g, Jane Doe. No'l:ary Pltlhc I personally appeared Pi41Llf' lA) {!, Y ~ul:.-T DAWNE SHAVER COMM# 1325796 NCJ'fMVPl&IC• ~ LOS ANGELES COUN!V Comm ~ OCT 11 2005 Name(&) of Signer{sJ 00 personal~ known to me D proved to me on the basis of sat1sfacto,y evtdence to be the person\8) whose name(61 is/are subscribed to the w1thm instrument and acknowledged to me that hei&Aeltlley executed the same 1n h1s/Aef/therr authorized capac,ty{ies), and that by h1s/beltll>4>,r signature(~ on the instrument the person(al, or the entity upon behalf of which the persoRfsl acted, executed the instrument ITNESS my hand and off1c1al seal C:: Sho!MJ-. ~~~~~~~~~~~oPnONAL~~~~~~~~~~~ Though the mformation below IS not reqwred by law, ,t may prove valuable to persons relymg on the document anQ coukl prevent traudu/e,,t removal and re.attachment of this form to amlher document Description of Attached Document Title or Type of Document ------------------------- Document Date _________________ Number of Pages ----- S1gner(s) Other Than Named Above --------------------- Capacity(les) Claimed by Signer Signer's Name ---------------------- 0 lnd1v1dual D Corporate Officer -Trtle(s) ----------------- 0 Partner -D L1m,ted D General D Attomey-1n-Fact D Trustee D Gua1d1an or Conservator D Other------------------------ Signer Is Representing-------------------- Top ol lhl,lmb hem PAGE 7 Reorde.r Cal Toll Fr&e ! 800 $76 6827 AlTACHMENT I Legal Description or Boeing Renton Plant Property PARCEL I LOTS I THROUGH 13 IN B!.OCK 11 OF RENTON FARM PLAT, AS PER PLAT RECORDED IN VOlUME 10 OF PLATS, PAGE 97, RECORDS OF KING COUNTY, EXCEPT THAT PORTION THEREOF CONVfYEO TO THE CITY OF RENTON BV DEEDS RECORDED UNDER RECORDING NOS 7203140338 AND 9406070578, TOGETHER WITH LOTS I THROUGH 8 IN B!.OCK 1 OF SARTORISVILLE, AS PER PLAT RECORDED IN VOLUME 8 OF PLATS, PAGE 7, RECORDS OF KING COUNTY, EKCEPT THAT PORTION OF SAID LOT 1 CONVEYED TO THE CITY Of RENTON BY DEED RECORDED UNDER RECORDING NO 7203140338, DESCRIBED AS FOLLOWS BEGINNING AT THE NORTHEAST CORNER OF SAIO LOT, THENCE WESTERLY ALONG THE NORTHERLY LINE THEREOF A DISTANCE OF 13 50 FEET, THENCE SOUTHEASTERLY ALONG THE ARC OF A CURVE TO THE RIGHT, RADIUS 13 50 FEET, THROUGH A CENTRAL ANGLE OF 90", AN ARC LENGTH OF 21 20 FEET TO A POINT ON THE EASTERI.Y LINE Of SAID LOT, 13 50 FEET 50\JTHERLY OF THE NORTHERLY CORNER THEREOF, THENCE NORTHERLY ALONG THE EASTERLY LINE THEREOF A DISTANCE OF 13 50 FEET TO THE NORTHEAST CORNER OF SAID LOT I AND THE POINT OF BEGINNING, DESCRIBED AS FOLLOWS BEGINNING AT THE NORTHEAST CORNER OF SAID LOT, THENCE WESTERLY ALONG THE NOII.THERL Y LINE THEREOF A DISTANCE Of 13 50 FEET, THENCE SOUTHEASTERLY ALONG THE ARC OF A CURVE TO THE RIGHT, RADIUS 13 50 FEET, THROUGH A CENTRAL ANGLE OF 90°, AN ARC LENGTH OF 21 20 FEET TO A POINT ON THE EASTERLY UNE OF SAID LOT, 13 50 FEET SOUTHERLY OF THE NORTHERLY CORNER THEREOF, THENCE NORTt!EftLT ALONG THE EASTERLY LINE THEREOF A DISTANCE OF 13 SO FEET TO THE NORTHEAST CORltER OF SAID LOT 1 AND THE l'OINT OF BEGINNING, AND TOGETHER WITH THE WEST 83 S FEET OF LOTS 11 AND 12 IN BLOCK 1 OF SAIO PLAT OF SARTORISV!LLE, EXCEPT THE NORTH 20 FEET OF SAID lOTS 11 AND 12, ANO TOGETHER WITH LOTS I ANO 2 OF RENTON BOILER WORKS SHORT PLAT NO 282-79, ACCORDING TO THE SHORT PLAT RECORDED UNDER KING COUNTY RECORDING NO 7907109002; SITUATED IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON, PAGES = = = PARCEL 2 LOTS 3, 4 AND 5 IN !KOCK 4 Of RENTON FARM ACREAGE, AS PER PLAT RECORDED IN VOLUME 12, PAGE 37, RECORDS OF KING COUNTY, SITUATED IN THE CITY OF RENTON, COUNTY Of KING, STATE OF WASHINGTON PARCEL 3 THE WEST 17 5 FEET Of THE l>IORTH 30 FEET OF LOT 10, THE WEST 17 5 FEET OF LOTS 11, 12, AND 13, ALL Of LOTS 14, 15, ANO 16, ANO THE NORTH 30 FEET Of LOT 17, ALL IN BLOCK 10 Of RENTON FARM l'I.AT, AS PER PLAT RECORDED IN 10 Df PLATS, PAGE 97, RECORDS OF KING COUNTY, TOGETHER WITH THAT PORTION OF THE V~TED AU.EV ADJOINING, EXCEPT THAT PORTION DEEDED TO THE CITY OF RENTON BY DEED RECORDED UNDER RECORDING NO 7307090450, SITUATED IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON PARCEL 4 THAT PORTION OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 8, TOWNSHIP ZJ NORTH, RANGE 5 EAST, W M, DESCRIBED AS FOLLOWS BEGINNING AT A POINT 60 FEET NORTH Of THE NORTHEAST CORNER OF LOT 13 IN BLOCK 10 OF RENTON FARM PLAT, AS PER PLAT RECORDED IN VOLUME 10 OF PLATS, PAGE 97, RECORDS OF KING COUNTY, THENCE NORTH, ALONG THE WEST LINE OF PARK AVENUE PROOUCED, 185 FEET, THENCE WEST 107 5 FEET, THENCE SOUTH 185 FEET, THENCE EAST 107 S FEET TO THE POINT OF BEGINNING, EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF RENTON FOR THE WIDENING OF 6'" AVEl;UE NORTH BY OEED RECORDED UNDER RECORDING NO 7206090448; AND EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF RENTON FOR RIGHT-Of-WAY BY DEED RECORDED UNDER RECORDING NO. 9406070S74, SITUATED IN THE CITY OF RENTON, COUNTY Of KING, STATE OF WASHINGTON PARCEL 5 PARCEL B OF CITY OF RENTON SHORT PLAT NO 093·89, ACCORDING TO THE SHORT PLAT RECORDED UNDER KING COUNTY RECORDING NO 8911149006, SITUATED IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON PAGE 9 -------------------------------------·-~ , -~ -:.,.----,-.,.... • .,....,..,..-.:-== PARCEL 6 THAT PORTION OF THE SOUTH 660 Fl:ET Of THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 8, TOWNSHIP 23 NORTH, RANGE 5 EAST, WM , WHICH LIES NORTH OF THE NORTH LINE OF NORTH 6'" STREET AND BETWEEN THE NORTHERLY EXTENSION OF THE CENTERLINES OF PEU.Y AVENUE NORTH ANO MAIN STREET, i'lOW WEUS STREET NORTH, EXCEPT THAT PORTION THEREOF CONVEYED TO THE cm Of RENTON BY DEEDS RECORDED UMOEP. RECORDING NOS 7108190352 ANO 8509130916, SITUATED lN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON PARCEL 7 PARCEL A OF cm OF RENTON SHORT PLAT NO 093-89, ACCORDING TO THE SHORT PLAT RECORDED UNDER KING COUNTY RECORDING NO 8911149006, TOGETHER WITH LOTS l THROUGH 5 IN BLOCK J AND LOTS 1 AND 2 IN BLOCK 4 OF RENTON FARM ACREAGE, AS PER PLAT RECORDED IN VOLUME 12 OF PLATS, PAGE 37, RECORDS OF KING COUNTY; AND TOGETHER WITH THAT PORTIOl'I OF VACATED STREET AND ALLEY ADJOINING, AS VACATED UNDER CITY OF RENTOl'I ORDll'IANCE NOS 3319, 3327 AND 4048 WHICH, UPON VACATION, ATTACHES TO SAID PROPERTY BY OPERATION OF LAW, AND TOGETHER WITH THAT PORTION OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 8, TOWNSHIP 23 NORTH, RANGES EAST, WM , WHICH LIES BETWEEN THE WEST \.\NE Of SAID VACATED ALLEY ON THE EAST AND THE EAST LIEN OF SECONDARY STATE HIGHWAY NO 2-A (PARK A VENUE EXTENSION) ON THE WEST; EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF RENTON SY DEEDS RECORDED UNDER RECORDING NOS 5180889 ANO 9406070579; SITUATED IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON PARCEL 8 THAT PORTION OF THE N!mTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION B, TOWNSHIP 23 NORTH, RANGE 5 EAST, WM , DESCRIBED AS FOLLl3WS SEGINNING AT THE POINT OF INTERSECTION OF THE NORTH LINE OF SAID SUBO!V!S!ON WITH THE NORTHERLY PROOUCTION OF THE WEST LINE OF PARK AVENUE, AS SHOWN IN THE PLAT OF RENTON FARM PLAT, "5 PER PLAT RECORDED IN VOLUME 10 OF PLATS, PAGE 97, RECORDS OF KING COUITTY, THENCE SOUTHERLY ALONG SAID PRODUCTION, TO A POINT 715 FEET NORTH OF THE SOUTH UNE OF SAID SUSDIVISION, THENCE WEST PARALLEL WITH AND DISTANT 715 FEET NORTH FROM SAID SOUTH LINE TO THE NORTHERLY PRODUCTION OF THE CENTER LINE OF PELLY STREET, THENCE SOUTH ALONG SAID PRODUCED CENTERLINE, TO THE NORTH OF SOUTH 660 FEET Of SAID SUBDJV!SION, PAGI: 10 -------=~-------~-... ~----------...,.,~ -~ • ' . = = = THENCE WEST ALONG SAIO NORTH LINE TO THE l'IORTHERLY PROOUCTJON OF THE CEl'ITER LINE OF MAIN STREET, l'IOW WEI.LS AVENUE NORTH, AS SHOWN IN THE Pl.AT OF RENTON FARM Pl.AT NO. 2, AS PER PLAT RECORDED IN VOLUME 11 OF PLATS, PAGE 32, RECORDS OF KING COUNTY, THENCE SOUTHERLY ALONG SAID PRODUCTION TO THE NORTH LINE OF NORTH 6'" STREET, THENCE WESTERLY ALONG SAID NORTH LINE OF NORTH 6"' STREET TO THE EASTERLY MARGIN OF THE ABANDONED BURUNGTON NORTHERN RAILROAD RIGHT-Of-WAY, THENCE NORTHERLY ALONG SAID RIGHT ·OF-WAY TO THE NORTH LINE OF SAID SUBDMS!ON, THENCE EASTERLY ALONG SAID NORTH LINE TO THE POINT OF BEGINNING, EXCEPT THAT PORTION CONVEYED TO THE CITY OF RENTON FOR THE WIDENING OF NORTH 6"' STREET BY OEEOS RECORDED UNDER RECORDING NOS. 7106110508, 7106110510, 7106110511, 8509100968, 8509130916 ANO 8509130917; SITUATE IN THE CITY OF RENTON, COUNTI OF KING, STATE OF WASHINGTON PARCEL 9·A THAT PORTION OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 7, TOWNSHIP 2J NORTH, RANGE 5 EAST, W M, LYING SOUTHEIILY OF IIIORTH 6'" STREET, WESTERLY OF LOGAN STREET NORTH EXTENSION (LOGAN AVENUE NORTH) AS DEEDED TO THE STATE OF WASHINGTON BY OEED RECORDED UNOER RECORDING NO 3261297, EASTERLY OF CEDAR RIVER WATERWAY (COMMERCIAL WATERWAY NO 2), AND NORTHERLY OF THAT CERTAIN TRACT OF LAND CONVEYED TO RENTON SCHOOL DISTRICT BY DEl:D RECORDED UNDER RECORDING NO 5701684, EXCEPT THAT PORTION CONVEYED TO THE SOEING COMPANY SY DEED RECORDED UNDER Rl:COROING NO 5907048 (ALSO SEING THAT TRACT OESCRIBED IN PARCEL 10 FOLLOWING), SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON PARCEL 9-S THAT PORTION OF GOVERNMENT LOTS 1 ANO 3 IN THE EAST l'2 OF SECTION 7, TOWNSHIP 23 NORTH, RANGE 5 EAST WM , ANO OF CH AOSlrS LAKE WASHINGTON PLAT, AS PER PLAT RECOROEO IN VOLUME 8 OF PLATS, PAGE 79, RECORDS OF KING COUNTY, AND CERTAIN VACATED STREETS, AVENUES AND AULEYS IN SAID PLAT, AND CERTAIN SHORE LANDS AND VACATED I.OGAN STREET NORTH (FORMERLY WILLIAMS STREET NORTH), IN SAID SHORE LANDS, ALL OESCR!BEO AS FOLLOWS BEGINNING AT THE INTERSECTION OF THE NORTH UNE OF SIXTH AVENUE NORTH ANO THE WEST LINE OF LOGAN STREET NORTH, THENCE NORTHERLY ALONG THE WEST LINE OF SAID LOGAN STREET NORTH TO THE EAST -WEST CENTERUNE IN SAID SECTION 7, THENCE EASTERLY ALONG SAID CENTERLINE OF SAID SECTION TO THE WESTERLY LINE OF SAID LOGAN STREET NORTH, AS THE SAME IS CONVEYED NORTH OF SAID SECTION UNE, THENCE NORTHERLY ALONG SA!D WEST LINE OF SAID LOGAN STREET NORTH TO AN ANGU POINT IN SAID WEST LINE, PAGE11 • ' . = co = THENCE NORTHWESTERLY ALONG THE SOUTHWESTERLY LINE OF SAID LOGAN STREET NORTH TO Af,i INTERSECTION WITH A LINE PAllALlEL WITH AND 30 FEET NORTHWESTERLY OF THE GOVERNMENT MEANDER LINE IN SAID GOVERNMENT LOT I, THENCE NORTHERLY ALONG SAID PARALLEL UNE TO A POINT ON THE NORTHEASTERLY LINE OF SA10 VACATED LOGAN STREET NORTH, THENa ALONG SAJO NORTHEASTERLY UNE, NORTHWESTERLY TO AN ANGLE POINT IN SAID NORTHEASTERLY LINE; THENCE NORTHWESTERLY ALONG THE NORTHEASTERLY LINE OF SAID VACATED STREET TD THE INNER HARBOR UNE OF LAKE WASHINGTON, IBENCE SOU1"HWESTERLY ALONG SAID INNER HARBOR LINE TO THE EASTERLY UNE OF THE RIGHT· OF·WAY OF COMMERCIAL WATERWAY NO 2, THENCE SOUTHERLY, ALONG THE EASTERLY UNE OF SAID WATERWAY RIGHT-OF-WAY, TO ITS INTERSECTION WITH THE NORTH LINE OF SAID SIXTH AVENUE NORTH, THENCE EASTERLY ALONG SAID NORTH LINE TO THE POINT OF BEGINNING, TOGETHER WITH BLOCK C OF THE 3•o SUPPlEMENT OF LAKE WASHINGTON SHORE LANOS, SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE Of WASH[NGTON PARCEL 9-C AN IRREGULAR TRACT OF LANO LYING IN THE SOUTHWEST 1/4 OF SECT[ON 5, THE SOUTHEAST 1/4 OF SECTION 6, THE NORTHEAST 1/4 OF SECTION 7 AND IN THE NORTHWEST l/4 OF SECTION 8, ALL [N TOWNSHIP 23 NORTH, RANGE 5 EAST WM , INCLUDING WITHIN TH[S TRACT CERTAIN PORTIONS OF LAKE WASHINGTON SHORE LANOS, AS SHOWN ON SHEETS NOS J ANO 4 OF MAP PREPARED BY UDO HESSE ANO FILED IN CAUSE NO 156371 IN THE SUPERIOR COURT OF KING COUNTY El'ITITLED SEATTLE FACTORY SITES COMPANY, ET AL VS ANNIE l ADAMS, ET AL, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS. BEGINNING AT THE NORTHEAST CORNER OF GOVERNMENT LOT 1, SECTION 8, TOWNSHIP 23 NORTH, RANGE 5 EAST W.M., THENCE NORTH 86°51'05" WEST ALONG THE NORTH UNE OF SAID LOT l, AND ALONG SUCH UNE PRODUCED WESTERLY 960 01 FE;ET, MORE OR lESS, TO AN INTERSECTION WITH THE W!;STERLY MARGIN OF THE RIGHT-OF-WAY OF THE NORTHERN PAOFIC RAILWAY COMPANY; THENCE CONTINUING NORTH 88°51'05" WEST ALONG THE NORTH LINE OF SAID LOT 1 PRODUCED WESTERLY, 761 39 FEET, MORE OR LESS, TO AN EXISTING CONCRETE MONUMENT, SA[O MONUMENT BEING AN ANGLE POINT UPON THE NORTHERLY UNE OF THE SHUfFLETON STEAM PLANT PROPERTY, THENCE NORTH 43°06'56" WEST, ALONG SAID NORTHERLY PROPERTY LINE OF SAID SHUFFLETON PROPERTY, 680 06 FEET, MORE OR LESS, TO AN INTERSECTION WITH THE INNER HARBOR UNE OF LAKE WASHINGTON SHORE LANDS AS lAID OUT BY THE STATE OF WASHINGTON, THENCE SOUTH 46'52'27" WEST ALONG SAID INNER HARBOR UNE 858 51 FEET TO THE TRUE POINT OF BEGINNING, THENCE CONTINUING SOUTH 46°52'27" WEST ALONG SAID [NNER HARBOR LINE 726 94 FEET TO AN INTERSECTION WITH THE EASTERLY MARGIN OF THE VACATED COUNTY ROAD NO 376, At.SO KNOWN AS RAILROAD AVENUE, WILUAMS STREET AND LOGAN STR!;ET IN THE CITY OF RENTON, SAID ROAD BEING EXTENDED NORTHERLY, PAGE 12 -,- • = """ = THENCE SOUTH 14°J6'26" EAST, Al.ONG THE EASTERLY MARG[N OF SAID E)(TENDED COUNTY RO,\O 817 OJ FEET TO l'<N ANGLE POINT IN THE EASTERLY MARGIN OF SAtD ROAD, THENCE SOUTH 41°22'31" EAST ALONG SAID EASTERLY MARGIN 514 19 FEET TO A POINT UPON THE NORTHERLY BOUNDARY OF THE BOEING COMPANY PROPERTY KNOWN AS PARCEL V, THENCE SOUTH 66°24'16" EAST ALONG SAID NORTHERLY BOUNDARY OF PARCEL V 217 51 FEET, MORE OR LESS, TO AN INTERSECTION WITH THE NORTHWESTERLY MARGIN OF THE RIGHT-of-WAY OF THE NORTHERN PACIFIC RAILWAY COMPl'<NY, SAID INTERSECTION BEING POINT ON A CURVE OF RADIUS 1482 71 FEET FROM WHICH THE CENTER OF THE CIRCLE BEARS SOUTH 62°38'53" EAST; THENCE NORTHEASTERLY ALONG SAID RIGHT·OF·WAY ON A CURVE TO THE RIGHT AN ARC LENGTH OF 316 79 FEET TO A POINT FROM WHENCE THE CENTER OF THE CIRCLE SEARS SOUTH S0°24'23" EAST, THENCE NORTH 14°34'18" WEST 1,546 44 FEET TO THE TRUE POINT OF BEGINNING, SITUATE IN THE CCTY OF RENTDr.l, COUNTY OF KING, STATE OF WASHINGTON PARCEL 9-0 AN IR/1!:GULAR TRACT OF LANO LYING !JI/ THE SOUTHWEST 1/4 OF SECTION 5, THE SOUTHEAST 1/4 OF SECTION 6, THE NORTHEAST 1/4 OF SECTION 7 Ar.ID IN THE NORTHWEST 1/4 Of' SECTION 8, ALL IN TOWNSHIP 23 NORTH, RANGE 5 EAST, W M., INCLUDING WITHIN THIS TRACT CERTAIN PORTIONS OF LAKE WASHINGTON SHORE LANDS, AS SHOWN ON SHEET NOS 3 AND 4 OF MAP PREPARED BY UDO HESSE ANO FILED IN CAUSE NO 156371 IN THE SUPERIOR COURT OF KING COUNTY ENTITLED SEATTLE FACTORY SITES COMPANY, ET AL VS ANNIE J ADAMS, ET AL ANO MORE PARTICULARLY DESCRIBED AS FOLLOWS· BEGINNING AT THE NORTHEAST CORNER OF GOVERNMENT LOT 1, SECTION 8, TOWNSHIP 23 NORTH, RANGE S EAST W M , THENCE NORTH 8B0 5l'05" WEST ALONG THE NORTH UNE OF 51'.ID LOT 1, AND ALONG SUCH UNE PRODUCED WESTERLY, 960 01 FEET, MORE OR tESS, TO AN INTERSECTION WITH THE WESTERLY MARGIN OF THE RIGHT-DF·WAY OF THE NORTHERN PACIFIC RAILWAY COMPANY, THENCE CONTINUING NORTH 88°51'05" WEST ALONG THE NORTH LINE OF SAID LOT I PRODUCED WESTERLY 761.39 FEET, MORE OR lESS, TO l'<N EXISTING CONCRETE MONUMENT, SAID MONUMENT BEING AN ANGLE POINT UPON THE NORTHERLY LINE OF Tl<E SHUFFLETON STEAM PLANT PROPERTY; THENCE NORTH 43°05'55" WEST, ALONG SAID NORTHERLY PROPERTY UNE OF SAIO SHUFFlETON PROPERTY, 680 06 FEET, MORE OR LESS, TO AN INTERSECTION WITH THE INNER HARBOR LINE OF LAKE WASHINGTON SHORE I.ANDS, AS !AID OUT BY THE STATE OF WASHINGTON, THENCE SOUTH 46°52'27" WEST ALONG SAID INNER HARBOR LINE 607 89 FEET TO THE TRUE POINT OF BEGINNING, THENCE CONTINUING SOUTH 46'52'27" WEST Al.ONG SAID INNER HARBOR LINE 250 62 FEET, THENCE SOUTH 14'34'18" EAST 1,546 44 FEET TO AN INTERSECTION WITH THE NORTHWESTERLY MARGIN OF THE RIGHT-OF-WAY OF THE NORTHERN PACIFIC RAILWAY COMPANY, SAID INTERSECTION BEING POINTON A CURVE OF RADIUS 1,482 71 FEET FROM WHICH THE CENTER OF T\-1E CIRCLE BEARS SOUTH 50°24'23" EAST, THENCE NORTHEASTERLY ALONG SAID RIGHT-OF·WAY ON A CURVE TO THE RIGHT AN ARC LENGTH OF 132 81 FEET TO A POINT OF COMPOUND CURVE OF RADIUS 2,052 27 FEET FROM WHENCE THE CENTER OF THE CIRQ.ES BEAR SOUTH 45'16'28" EAST, ?AGE 13 •• = """ = THENCE CONTINUING ALONG SAID RIGHT-OF-WAY MARGIN ON A CURVE TO THE RIGHT AN ARC LENGTH OF 214 91 FEET TO A POINT OF TANGENCY, THENCE NORTH 50°43'32" EAST ALONG SAID R;GJ,T-OF-WAY MARGIN 159 90 FEET, THENCE NORTH 20'38'24" WEST 700 81 FEET, THENCE NORTH 46°53'04" EAST 215.00 FEET, THENCE NORTH 43°06'56" WEST 713 87 FEET TO THE TRUE POINT OF BEGINNING, S!T\JATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON PARCEL 10 THAT PORTION OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 7, TOWNSHIP 23 NORTH, RANGE 5 EAST, WM, LYING EASTERLY OF COMMERCIAL WATERWAY DISTRICT NO. 2 (CEDAR RIVER WATERWAY), AND WESTERLY OF LOGAN STREET NORTH EXTENSION (LOGAN AVENUE NORTH) AS OEEDEO TO THE STATE OF WASHINGTON BY OEED RECORDED UNDER RECORDING NO. 3261297, DESCRIBED AS BEGINNING AT THE SOUTH MARGIN OF 6™ AVENUE NORTH ANO THE WEST MARGIN OF LOGAN STREET NORTH, Tl1ENCE NORTH 89°34'11" WEST ALONG SAID SOUTH MARGIN, 674 91 FEET, TO THE MOST NORTHERLY AND WESTERLY CORNER OF A TRACT CONVEYED TO THE BOEING COMPANY, EIY DEED RECORDEO UNDER RECORDING NO 5701683, AND THE TRUE POINT OF BEGINNING, THENCE CONTINUING NORTH 89°34'11" WEST, ALONG SAID SOUTH MARGIN, 441 54 FEET TO THE EASTERLY RIGHT-OF-WAY UNE OF COMMERCIAL WATERWAY DISTRICT NO 2, AS CONDEMNED IN KING COUNTY SUPEIIIOR COURT CAUSE NO 211409, THENCE SOUTH 12'4742" EAST, ALONG SA!O RIGHT-OF-WAY UNE, 328 72 FEET TO THE INTERSECTION WITH A LINE PARALLEL WITH ANO 320 FEET SOUTH OF, AS MEASURED AT RIGHT ANGLES TO THE SOUTH MARGIN OF 6"' AVENUE NORTH, Tl1ENCE SOUTH 89°34'11" EAST ALONG SAID PARALLEL UNE, 366 34 FEET, THENCE NORTH 00°25'49" EAST 320 00 FEET TO THE TRUE POINT OF BEGINNING, SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON PARCEL 11 THAT PORTION OF THE NORTHWEST 1/4 OF SECTION 8, TOWNSHIP 23 NORTH, RANGE 5 EAST W.M., OESCRIBEO AS FOLLOWS, BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF SAID NORTHWEST 1/4 WITH THE EASTERLY MARGIN OF PARK STREET, ALSO KNOWN AS SECONDARY STATE HIGHWAY NO 2A, THENCE SOUTH 89'28'19" EAST ALONG SAID SOUTH LINE 771 21 FEET, THENCE NORTH 00•31•51• EAST 253 23 FEET TO THE TO THE POINT OF CURVATURE OF A CURVE TO THE LEFT OF RAOIUS 850 FEET, PA.GE 14 ·- • t THENCE NORTHERLY ALONG SAID CURVE 274 82 FEET TO THE POINT OF TANGENCY, THENCE NORTH 17°59'39" WEST 1484 Bl FEET TO A POINT ON A CURVE OF A CURVE TO THE RIGHT, SAID POINT BEING ON THE SOUTHEASTERLY MARGIN OF LAKE WASHINGTON BOULEVARD, THENCE SOUTHWESTERLY ALONG SAID CURVE TO THE POINT OF REVERSE CURVATURE OF A CURVE TO THE LEFT FROM WHENCE THE CENTER BEA~ SOUTH 49°18'!9" EAST 288 67 FEET, THENCE SOUTHERLY ALONG SAIO CURVE 250 57 FEET TO THE POINT OF TANGENCY, SAID POINT OF TANGENCY BEING ON THE EASTER!. Y MARGIN OF SA!O PARK STREET, THENCE SOUTH 00°57'41" WEST ALONG SAID EASTERLY MARGIN 1581 30 FEET TO THE POINT OF BEGINNING, EXCEPT THAT PORTION FOR PRIMARY STATE HIGHWAY NO. 1 (SR 405) NORTH RENTON INTERCHANGE AS CONDEMNED IN KING COUNTY SUPERIOR COURT CAUSE NO 656127, ANO EXCEPT THAT PORTION(S) THEREOF CONVEYED TO THE CITY OF RENTON FOR PARK AVENUE NORTH BY DEED RECORDED UNDER RECORDING NO 9703181422, BEING A RE-RECORDING OF 9612120855 AND RECORDING NO 8811150482, TOGETHER WITH THAT PORTION OF VACATED LAKE WASHINGTON BOULEVARD, ADJOINING, WHICH. UPON 1/ACATION, ATTACHED TO 51'.!D PROPERTY BY OPERATION OF LAW, _,,, SITUATE IN THE CITY Of RENTON, COUNTY OF KING, STATE OF WASHINGTON .... ..... = c:::, = c-, = CD c:, PARCEL 12 AN IRREGULAR TRACT OF LANO LYING IN THE NORTHWEST 1/4 OF SECTION 8, TOWNSHIP 23 NORTH, RANGE 5 EAST, WM , IN KING COUNTY, WASHINGTON, INCLUDING WITHIN THIS TRACT CERTAIN PORTIONS OF LAKE WASHINGTON SHORE LANDS AS SHOWN ON SHEETS NOS 3 ANO 4 OF MAP PREPARED SY UDO HESSE ANO FILED IN CAUSE NO 156371 IN THE SUPERIOR COURT OF KING COUNTY ENTITLED SEATTLE FACTORY SITES COMPANY, ET AL VS ANNIE l ADAMS, ET AL, AND MORE PARTICULARLY DESCR!l!ED AS FOLLOWS BEGINNING AT THE NORTHEAST CORNER OF GOVERNMENT LOT 1, SECTION 8, TOWNSHIP 23 NORTH, RANGE 5 EAST, WM., IN KING COUNTY, WASHINGTON, THENCE NORTH aa•s1·os· WEST ALONG THE NORTH UNE OF SAID LOT 1, ANO ALONG SUCH UNE PRODUCED WESTERLY 960 01 FEET, MORE OR LESS, TO AN INTE~ECTION WITH THE WESTERLY MARGIN OF THE RIGHT-OF-WAY OF THE NORTHERN PACIFIC RAILWAY COMPANY, THENCE CONTINUING NORTH 88°51'05" WEST ALONG THE NORTH UNE OF SAID LOT 1 PRODUCED WESTERLY 761 39 FEET, MORE OR LESS, TO AN EXISTING CONCRETE MONUMENT, SAID MONUMENT BEING AN ANGLE POINT UPON THE NORTHERLY UNE OF THE SHUFFLETON STEAM PLANT PROPERTY; THENCE NORTH 43°06'56" WEST, ALONG SAID NORTHERLY PROPERTY UNE OF SAID SHUFFLETON PROPERTY, 680 06 FEET, MORE OR LESS, TO AN INTE~ECTION WITH THE INNER HARBOR LINE OF LAKE WASHINGTON SHORE LANDS AS LAID OUT BY THE STATE OF WASHINGTON, THENCE SOUTH 46°52'27" WEST ALONG SAID INNER HARBOR LINE 607.89 FEET, THENCE SOUTH 43°06'56" EAST 713 87 FEET TO THE TRUE POtNT OF BEGINNING, THENCE CONTINUING SOUTH 43°06"56" EAST 220 00 FEET, THENCE SOUTH 46°53'04" WEST 220 00 FEET, PAGE 15 • ·- THl:NCE SOUTH 31°37'23" EAST 448 22 FEET TO AN INTERSECTION WITH THE NORTHWESTERLY MARGIN OF THE RIGHT·OF·WAY OF THE NORTHERN PACIFIC RAILWAY COMPANY, ThENCE ALONG SAIC MARGIN SOUTH 50°43'32" WEST 174 00 FEET, THENCE NORTH 20'38'24" WEST 700 61 FEET, THENCE NORTH 46°53'04" EAST 215 00 FEET TO THE TRUE POINT OF BEGINNING, EXCEl'T THOSE PORTIONS THEREOF CONVEYED TO PUGET SOUND POWER &. UGHT COMPANY 8Y DEEO RECORDED UNDER RECORDING NO 8812140277 ANO FURTHER DEUNEATEO AS PAACElS C AND D ON cm OF RENTON LOT LINE ADJUSTMENT NO 004·88, RECORDED UNDER RECORDING NO. 8808309006, TOGETHER WITH THAT PORTION KNOWN AS PARCEL E OF CITY OF RENTON LOT LINE ADJUSTMENT NO 004·88 RECORDED UNDER RECORDING NO 8808309006, DESCRIBED AS BEGINNING AT THE ABOVE REFERENCED TO THE POINT OF BEGINNING, THENCE SOUTH 43°06'56" EAST 3 86 FEET, THENCE SOUTH 14°36'26" EAST 244 87 FEET TO THE TRUE TO THE POINT OF BEGIN!'IING, THENCE CONTINUING SOUTH 14°36'26" EAST 345 29 FEET, THENCE NORTH 31°37'32" WEST 309 63 FEET, THENCE NORTH 46°53'04" EAST !OJ 03 FEET TO THE TRUE TO THE POINT OF BEGINNING, SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON PARCEL 13 THAT PORTION OF GOVERNMENT LOT 3 IN SECTION 8, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., LYING EASTERLY OF THE ABANDONED BURLINGTON NORTHERN (LAKE WASHINGTON BELT UNE) RAILROAD RIGffT-OF·WAY ANO LYING WESTERLY OF PARK AVENUE (LAKE WASHINGTON BOULEVARD S E ); TOGETHER WITH THAT PORTION OF GOVERNMENT LOT i IN SAID SECTION, DESCRIBED AS BEGINNING AT THE INTERSECTION OF THE SOUTHEASTERLY MARGIN OF THE ABANDONED BURLINGTON NORTHERN (LAKE WASHINGTON 61:LT UNE) RAILROAD RlGHT•OF·WAY ANO THE WESTERLY MARGIN OF PAR!< AVENUE (LAKE WASHINGTON BOULEVARDS E ), THENCE SOUTHWESTERLY ALONG SAID SOUTHEASTERLY MARGIN 60 FEET TO THE TRUE TO THE POINT OF BEGINNING, THENCE SOUTHEASTERLY AT RIGHT ANGLES THERETO 10 FEET, MORE OR LESS, TO THE WESTERLY MARGIN Of PARK AVENUE (LAl<E WASHINGTON BOULEVARD S E ) , THENCE SOUTHERLY ALONG SA!O MARGIN TO THE SOUTH LINE OF SA!O GOVERNMENT LOT, THENCE WESTERLY TO SAID SOUTHEASTERLY RAILROAD MARGIN, THENCE NORTHEASTERLY TO THE TRUE POINT OF BEGINNING, PAGE 16 ------------~---,-r -• •• ·-·, = c:o = EXCEPT THAT PORTION THEREOF CONDEMNED FOR SR 405 BY KING COUNTY SUPERIOR COURT CAUSE NO 656127; ANO EXCEPT THAT PORTION THEREOF CONVE/EO TO THE CITY OF RENTON FOR WIDENING OF PARK AVENUE NORTH BY DEED RECORDED UNDER RECORDING NO 9703181422, SITUATED IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON PARCEL 14 THAT PORTION OF THE BURLINGTON·NORTHERN INC. (FORMERLY NORTHERN PACIFIC RAILWAY CD.) 100 FOOT RAILWAY RIGHT-OF-WAY IN SECTIONS 7 AND B, TOWNSHIP 23 NORTH, RANGE 5 EAST, WM., LYING BETWEEN THE NORTH MARGIN OF NORTH 4"' STREET ANO THE SOUTH MARGIN OF NORTH 6"' STREET, SITUATED IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON PARCEL IS THAT PORTION OF THE BURLINGTON NORTHERN INC.'S 100 FOOT RIGHT-OF-WAY FOR ITS BELT LINE IN GOVERNMENT LDTS l, 2, 3 AND NORTHWEST V. OF THE SOUTHWEST V. OF SECTION 8, TOWNSHIP 23 NORTH, RANGE 5 EAST, W M., AND GOVERNMENT LOTS 1 AND 2 IN SECTION 7, SAID TOWNSHIP AND RANGE, BETWEEN A WEST PRODUCTION OF THE NORTH LINE OF 6"' AVENUE NORTli AND A LINE EXTENDING SOUTHEASTERLY AND RADIAUY TO THE MAIN TRACK CENTER LINE AS NOW CONSTRUCTED FROM SURVEY STATION 1068+00 IN SAID CENTER LINE (DIST/INT 40 B FEET SOUTHWESTERLY, MEASURED ALDNG SAID MAIN TRACK CENTER LINE, FROM THE SOUTHWESTI:RLY END OF BURLINGTON NORTHERN INC'S BRIDGE NO 3) AND SOUTHEASTERLY Of THE FOUOWING DESCRIBED LINE BEGINNING AT A POINT 25 FEET SOUTHEASTERLY, MEASURED RADIAUY AND AT RIGHT ANGLES TO THE CENTER LINE Of TRACK AS NOW CONSTRUCTED, FROM SURVEY STATION 1068+00; THENCE SOUTHWESTERLY IN A STRAIGHT LINE TO A POINT 25 ~ET NORTHWESTERLY, MEASURED FROM THE SOUTHEASTERLY RIGHT-OF-WAY LINE AT SURVEY STATION 1074+00, THENCE CONTINUING SOUTHWESTERLY AT AN ANGLE TO THE RIGHT TO A POINT ON THE NORTHWESTERLY LINE OF THE 100 FOOT RIGHT-OF-WAY OF BURLINGTON NORTHERN INC AND SOUTHEASTERLY OF SPUR. TRACK HEADBLOCK STATION 8+85 5 THE ENO OF DESCRIBED LINE AND ENO OF DESCRIPTION, SITUATED IN THE CITY OF RENTON, COUNTY Of KING, STATE OF WASHINGTON PAGE 17 • • Jo ..... ..... = c::::, c:, ..... c:::, <Q = <N 'c:, ·= - ATTACHMENT2 Development Regulations Applicable to Phase II Development 1 Development regulat:Ions, including, but not luruted to the followmg chapters of Title N of the Renton Mumc1pal Code • Chapter I • Chapter 2 • Chapter 3 • Chapter 4 • Chapter6 2 Pohc1es set forth m the City of Renton 's Comprehensive Plan ( adopted February 20, 1995, amended August 13, 2001). PACE 18 Re111rn Address Offire of 1hr C,iy Clerk Renton Ciiy Ha II 1055 South Grady Way Renton. WA '13055 Dol'111Deot Tille(s) (or transacltllll$ contained there111) l l.levolot""""' Atveement for Renton Plant Redevelopment Refcreace Number(•) oll>oeameats aulgned or released: (on pago __ of documents(•)) Grantor(s) (Last name 6rsl, then first name and mrttals) 1 The Boetng Company Graalff(sl (Lllst name first, then first name ar1<! inillals) I City of Renton Legal descrlptloa (abbreviated I e lot. block, plat or section, 1owm.'11p, range) ·- Portums of Renton Farm Plat, Renton farm Plat No 2, Plat ofSartonsville, Renton Beiler Work, Short Plat, Renton Fann Acreage Plat, c,ty of Renton Short Plat, CH Adsit's Lake Wash1ngtoo Plat, and Government Lots I. 2, aud 3 -STR 082305 TAX LOT 55 PCL I BOEING, STR 08230S TAXLOT 1 IS PCL 2 BOElNO, STR 08230S T AXLOT 880 PCL 3 BOEING, STR 082305 T AXLOT 19 PCL 4 BOEING, STR 082305 TAXLOT 9 PCL S BOEING, STR 082305 TAXLOT 37 PCL 6 BOEING, STR 082305 TAXLOT \OS PCL 7 BOEING. STR 082305 TAXLOT 152 PCL 8 BOEING. STR 07230S TAXLOT 1 PCL 9 BOEING, STR 072305 TAXlOT 46 PCL 10 BOEING, sra 082.lOS TAXLOT 1 l PCL 11 BOEING, STR v8230S TAX LOT 187 PC!. 12 BOEING. STR 082305 l'AXLOT 79 PCL 13 B0crNG, STR 072305 T AXLOT 100 PCL 14 BOEING, STR 082305 TAX LOT 204 PCL IS BOEING @ Full legal 1s on pages __ through ___ of document Aaseuor's Propel1y Tax Parul/Att<IIIBI Number Portions oft~ following· #756460-00SS-04, n22300-0l 15-08, 11722400-0880--00, #082305-9019-00, #082305-9109-00. #082305-9037-08, 1#722300-0IOS.OO, #082305-9152-07, #072305-9001-0I, l/072305- 9046-08, #082305-9011-08, #082305-91&7-06, II082305-9079-07, #072305-9100-01, ff08230S-9204-05 {/BOEING Dtv '8retmtnt ll 2'4 OJ dot] 11/24/03 . DEVELOPMENT AGREEMENT BETWEEN THE BOEING COMPANY AND THE CITY OF RENTON FOR REDEVELOPMENT OF A PORTION OF fflE BOEING RENTON AIRCRAFT MANUFACTURING FACILITY I. PREAMBLE Tilis DEVELOPMENT AGREEMENT ("Agreement") between THE BOEING COMP ANY ("Owner" or "Boeing"), a Delaware corporation, and the CITY OF RENTON ("Renton"), a municipal corporation of the State ofWashingi:on, is entered into pursuant to the authority ofRCW 36.70B.170 through .210, under which a local government may enter into a development agreement with an entity having ownership or control of real property within its jurisdiction. II. RECITALS A. Owner own.., approximately 280 acres ofrc&l property, known as the Boeing Renton Aircraft Manufacturing Facility ("Renton Plant" or "Plant"), located in Renton, King County, Washington, as more particularly described in Exhibit 1, attached. Since the early 1940s, the Plant has been used to manufacture military and commercial airplanes. B. The majority of the Renton Plant site has historically been zoned for heavy industrial use and has, for several years, been designated Employment Arca- Industrial by the Renton Comprehensive Plan. Since 2000, a parcel along the Plant's eastern boundary has been zoned JH and designated by the Comprehensive Plan as Employment Area-Transition (Interim) and a nearby parcel has been zoned CO and designated by the Comprehensive Plan as Employment Area-Office. C. In 2002, Owner infonned Renton of its plan to consolidate its Renton Plant operations to the site area west of Logan Avenue, an effort commonly known as the "Mo\'e-to-the-Lake." Move-to-the-Lake is, among other things, intended to release underutilized land as smplus for eventual sale and redevelopment. D. To provide certainty and efficiency to Owner with respect to further development of the Renton Plant for airplane manufacturing purposes, to encourage continued airplane manufacturing by Owner at the Renton Plant, and in anticipation of potential future redevelopment efforts, Owner and Renton entered into a Development Agreement ("2002 Agreement") on June 28, 2002, by Resolution 11/24/03 P.flg.e I No. 3568 which, among other thin~ established baseline trip counts, redevelopment credit and vesting of land use regulations under certain circumstances for ongoing Renton Plant operations and potential redevelopment. E. Based on further discussions between Owner and Renton regarding potential opportunities for redevelopment of the Renton Plant site, in phnses, over time, Renton resolved, by Resolution 3589, on October 14, 2002, to conduct environmental review in the fonn of an environmental impact statement ("EIS") pursuant to the State Environmental Policy Act ("SEPA'') of(a) potential alternatives for redevelopment of all or a portion of the Renton Plant site and (b) related public infrastructure. Resolution 3589 also established a conceptual public/private framework for the eventual mitigation of the impacts of Renton Plant redevelopment on transportation infrastructure and public services. F. On December 4, 2002, Owner and Renl.On entered into an agreement concerning the funding and construction of the extension of Strander Blvd. across Owner's Longacres property ("Strander Agreement"). Among other things, the Strander Agreement establishes a $1. 7 million transportation mitigation credit to Boeing tha1 may ho! used to pay for transportation improvements needed to support development of Owner's properties located in Renton. G. On December 16, 2002, Owner submitted an application to Renton for amendment of the Ci>11lprehensivc Plan designation applicable to the Renton Plant site ("Comprehensive Plan Application") from IH to Employment Area -Transition ("EAT"). Renton elected to designate the area under a new Comprehensive Plan designation and combine the Comprehensive Plan Application with amendments proposed by Renton to the zoning text, zoning map and development standard for the Renton Pla.rit site H. On December 20, 2002, Renton imposed, by Resolution 3609, a Moratorium on development in areas of Renton, including the Renton Plant, zoned Ill. One stateG reason for the Moratorium was Renton's desire to "provide adequate time for Renton staff to prepare and present proposed changes to the Comprehensive Plan and zoning" of those areas zoned heavy industrial (IH). l On January 13, 2003, lhe City Council held a public hearing on the Moratorium. At the request of the Boeing Company, Renton IIIJlended the Moratorium to allow Boeing to consolidate its facilities within the Renton Plant. After the January 13, 2002 pubhc hearing. the Renton City Council adopted Resolution 3613 which continued the Moratorium in those areas of Renton zoned (IBOFl'<(J !).-, Agrccrnent 11-24-0J doc] 11124,llJ Page2 heavy industrial {IH), but also agreed to support Boeing's "Move-to-the-Lake" including any required building modification or construction. J. On June 9, 2003, the City Council amended the Moratorium for a second time by the adoption of Resolution 3639. Resolution 3639 lifted the Moratorium over 1-H zoned areas located within the Employment Area-Valley · Comprehensive Plan designation. The Renton Plant is the only I-H zoned property of any significant size that continues to be bound by the Moratorium, which is scheduled to expire on December 2, 2003. K. On March 4, 2003, Renton's Environmental Review Committee ( .. ERC") adopted a determination of significance for the Proposal. Renton issued a Scoping Notice and Scoping Document for the EIS on March 10, 2003. On March 25, :2003, a public scoping meeting was held to receive written and oral comments on the proposed scope of study. A Draft Environmental Impact Statement (DEIS) was issued by the ERC on July 9, 2003. A public hearing was held on July 30, 2003. A thirty day comment period on the DEIS was closed on August 8, 2003. The Final EIS was issued on October 21, 2003. L. Portions of the Propos11I were the subject of a Renton Planning Commission hearing held November 12, 2003; the Proposal and related modifications to Renton' s existing parking code, site development plan review ordinance, and binding site plan ordinance were the subject of the City Council Hearing held on November 17, 2003. The City Council adopted all by ordinance on November 24, 2003. M. Owner has determined that the portions of the Renton Plant Site known as Lot 3 and the 10-50 site will become under-utilized at the completion ofMove-to- lhe-Lake. C:onsequently, those portions of the Plant may be surplused wtd made available for sale, in the near future. IN LIGHT OF THE FOREGOING, and because successful redevelopment of all or portions of the Renton Plant si1e will be oflong-term benefit to both Renton and Owner. Renton and Owner do hereby agree as follows: HI. AGREEMENT 1. Definitions L 1 Arterial Roads means the primary public roads supporting District I and 2 Redevelopment. as diagrammed in plan and section and described on Exhib,t 2 [,'HO~ING l)c'l· .\µ1.--cment 11-2~-0:\ dCK;] 11/24.0.l Pag,;3 attached, with typical sections of the individual Arterial Roads shown in Exhibits 2A through 2E (herinafter collectively referred to as Exhibit 2). 1.2 Boeing means The Boeing Company, a Delaware corporation, and related or subsidiary entities. I . 3 Design Guidelines means the Urban Center Design Overlay Regulations established by Renton to supplement the Development Regulations with respect to the design of certain uses permitted within the UC-N zone. 1.4 Development Regulations means those portions of the Renton Municipal Code (RMC) zoning provisions that govern certain aspects of site planning, building design, landscape requiremt.'nts and other elements of development within a given zone. 1.5 District I means thal area of the Renton Plant Site located east of Logan Avenue, as designated on Exhibit 3 attached. 1.6 District 2 means that area of the Renton Plant Site located west of Logan Avenue, as designated on Exhibit 3. I. 7 Economic Benefit Analysis means the calculation of estimated one time and recurring revenues and jobs gent.nted by a proposed Redevelopment project. 1.8 Franchise Utilities means electricity, natural gas, telecommunications, and other utilities not proVldcd by Renton. 1.9 Interchanges mean access points from Renton roadways to and from Interstate 40.5. 1.10 Intersections mean the general areas where two or more roadways join or cro,s, including the roadways and roadside facilities for traffic movement within them. 1.11 Land Use Policies and Regulations means Renton Comprehensive Plan policies, Development Regulations and Design Guidelines. 1.12 Local Roads means all on-site roads that are not Arterial Roads and that are necessitated by Redevelopment. I . 13 Ofl~Site Intersections means intersections not included within District l or Distrkt 2. t•BOl!Nli t>..-•,· A;:rc-..,n(:111 11-!4-0J docJ 11/?4.,ll Pop• 1.14 On-Site Intersections means the intersections shown on Exhibit 4. 1.15 Owner means Boeing and any transferee or successor-in-interest of all or any ponioo of the Renton Plant. 1.16 Proposal means, collectively, Owner's Comprehensive Plan Application and related zoning and Development Regulation amendments proposed by Renton. I. 17 RMC means the Renton Municipal Code. I . 18 Redevelopment means construction of improvements to the Renton Plant for uses other than airplane manufacturing or uses supporting or associated with airplane manufacturing. I. 19 Renton Plant Operations means airplane manufacturing and supporting or associated uses conducted on the Renton Plant Site. 1.20 Renton Plant Site means District I and District 2, collectively, as shown on Exhibit 3. 1.21 Site Plan Process means the master planning and site plan requirements of the RMC applicable to Redevelopment within the UC-N zone. 1.22 Subdistrict IA means that portion of District I commonly known as Parking Lot 3 and the 10-50 Building as shown on the Subdistrict IA Conceptual Plan. l.:!3 Subdistrict IB means that portion of District 1 commonly known as the 10-80 site, Lot 10, and other Boeing-owned parcels east ofLogan Avenue and south of 8'h Street. 1.24 Subdistricts means Subdistrict I A, Subdistrict 18, and District 2, collectively. 1.25 Utilities means water, sewer and storrnwater system improvemenl'I that serve the Renton Plant Site. 2. Basis or Agreement 2.1 latent This Agreement establishes 1:1:rtain roles and responsibilities for the potential phased Red1.""Velopment of all or a poition of the Renton Plant Site, including but not IIJltA:3 l'aJ•5 limited to Renton commitments for c-0rresponding potential funding and construction of certain public infrastructure improvements benefiting the Renton Plant Site and the community at large and Owner commitments to participate in the funding of certain public improvements, to fund all private aspects of Redevelopment, and to re".levelop the Renton Plant Site consistent with applicable Land Use Policies and Regulations. 2.2 SEP A Decision Dorument This Agreement is entered into in lieu of a SEPA "Decision Document" and., as such. establishes all SEP A-based conditions necessary to mitigate potential adverse impacts ofthe Proposal, and Renton's approval of the Subdistrict IA Conceptual Reta:! Plan. 3. RedevelopmePt Planning Redevelopment of the Renton Plant Site may occur inctementally starting with properties within Subdistrict I A. Conceptual planning for the possible surplus and sale of property will occur in three areas of the Renton Plant Site, Subdistrict IA, Subdistrict I B. and District 2, as illustrated in Exhibit 3. Conceptual planning, pursuant to the requitcmcnts of this Agreement, will be supplemented by master planning and site planning pursuant to the requirements of RMC 4-9-200. 3.1 Cpaceptul Pia• At th¢ time at which Owner wishes lG subdivide. de\'elop, sell, or otherwise alter any property within the Subdistricts for uses not related to airplane manufacturing or supporting uses, it will submit to Renton a Conceptual Plan including: 3.1.1 A narrative desCJibing the conceptual Redevelopment proposal and its relationship to the Renton's Comprehensive Pl811 Vision and Policies for the Urban Center-North; · 3 .1.2 The estimated timing and sequencing of property smplus and sale (if applicable); 3 .1.3 A description of the proposed uses including the general mix of type.~. estimated square footage of each building and parking for each structure, heights and residential densities; 3.1.4 The general location of use concentrations (i.e., residential neighborhoods. office or retail cores, ~tc.); [I\IOhlNG D<, ASt•cn1,n1 11-24.0l doc) 11,24/0) hso& 3.1.5 Vehicular and pedestrian circulation that includes a hie:-archy and general location of type, including arterials, pedestrian-,oriented streets, other local roads and pedestrian pathways; 3.1.6 General location and size of public open space; and 3.1.7 An economic benefit analysis demonstrating the conceptual development's anticipated economic impact to local, regional and state governments. 3.2 Conceptual Plan Approval Owner will submit the Conceptual Plan to the City Council for approval. The Council will base its approval on the proposed Conceptual Plan's fulfillment of the adopted Comprehensive Plan Vision and Policies for the Urban Center-North. 3,3 Subsequent Land Use Approvals Renton will evaluate all subsequent development permit applications within the Subdistricts based on e;onsistency with the approved Conceptual Plan. The process for subsequent master plan and site plan approval is outlined in RMC 4-9-200. 3.4 Modifications to Approved Conceptual Plans 3.4.1 Modifications to an approved Conceptual Plan may be made after an administrative dctennination of the significance of the proposed modification. 3.4.2 Minor modifications to an approved Conceptual Plan may be approved administratively as long as the proposed modifications remain consistent with the spirit and intent of the adopted Plan. 3.4.3 lfit is detennined that a proposed modification is inconsistent with the spirit and intent of the adopted Conceptual Plan, or if an entirely new Conceptual Plan is proposed, City C<iuncil approval is required. 3.S Subdistrict IA Conceptual Retail Plan Owner has produced a Subdistrict IA Conceptual Retail Plan, attached as Exhibit 5, that meets the requirements of Section 3, outlining proposed Red(:velopment of Subdistrict I A. By adoption of this Agreement, the City Council approves this plan as the Conceptual Plan for Subdistrict I A. 3.5.1 The Subdistrict 1A Retail Conceptual Plan includes development of approximately 450,000 sq. ft. of large-and medium-format retail stores and l.'l!OEING D<, A1•«m"" 11-24·03 d0<] 11124/0J P1ge1 approximately 110,000 sq. ft. of small retail shops, as well as potential locations for structured parking and upper story multi-family residential units or office uses. 3.5.2 An Economic Benefit Analysis for Subdistrict IA of the Redevelopment, attached as part of Exhibit 5, demonstrates that the Subdistrict lA Retail Conceptual Plan, which is forecast to produce estimated revenues to Renton of approximately $1.2 million in one-time, construction related revenues and an escalation to approximately $1.S million in recurring annual revenues to support Subdistrict IA Retail Redevelopment beginning in 2009, demonstrates revenues sufficient to fund Renton's obligation to construct public infrastructure supporting Subdistrict lA Retail Redevelopment subject to Section 4, below. 3.6 Additional Planning Applicable Owner acknowledges that additional site planning based on the requirements of the RMC will be required for potential Redevelopment within the Subdistricts. For example, should Subdistrict I A be further divided by short plat, lot bowidary adjustment or otherwise, ma.~ter planning and site planning for each parcel and building site pursuant to RMC 4-9-200 would be required. 4. Inrrastructure Required to Support Redevelopment Transportation and trunk utilities anticipated to be necessary to support Redevelopment and the manner in which each will oo funded and developed are discussed below. Exhibit 2 generally illustrates each segment of Arterial Roads. Exhibits 6A, 68, 7, 7 A, 7B and 8 illustrate supporting trunk utilities. Exhibit 9 describes infrastructure components and corresponding anticipated cost. 4.I Transportation Improvements 4.1.1 Arterial Roads Required at Full Build Out The parties agree that the Arterial Roads diagrammed on Exhibit 2 and listed on Exhibit 9, will be necessary to support full redevelopment of the Renton Plant Site, including District 2, assuming an intensity of total site Redevelopment no greater than Alternative 4 studied in the EIS. 4.1.2 Subdistrict IA Arterial Roads The parties agree that the Arterial Roads or portions thereof diagrammed on Exhibit 10 as District l, Subdistrict l A roads and listed by segment on Exhibit 9 are anticipated to be necessary for full Subdistrict I A Redevelopment. ll/24/0) ragoe. 4.1.3 Subdistrict 18 Arterial Roads TI1e parties agree that the Arterial Roads or portions thereof diagrammed on Exhibit 10, with typical sections of the individual Arterial Roads sl:own in Exhibits I OA through I OE (hereinafter collectively referred to as Exhibit l 0) as District l, Subdistrict l B and listed by segment an Exhibit 9 are anticipated to be necessary for full Subdistrict I B Redevelopment. 4.1.4 Other Arterials l11e cost of required improvements to arterial roads not addressed by this Agreement will be paid by property ownel's or developers benefited by the improvement based on a fair share allocation of total cost. 4.1.5 Arterial Road and Other Public lnfrutructare Funding 4. l. 5.1 Renton agrees to design and construct the Arterial Roads and certain other elements of public infrastructure specified below at Renton's sole cost and expense; provided, that Renton will rely on revenues from sales tax on construction, increased sales tax from Redevelopment improvements and the property tax and other revenues generated by Redevelopment to fund its share of the public infrastructure anticipated under this Agreement. 4. l.5 .1 Renton will retain one-third (l /3) of the collected tax and other revenues generated by Redevelopment, and will set aside the remaining two- thirds (213) for infrastructure improvements anticipated in this Agreement as necessary to timely support Redevelopment within the Subdistricts. 4.1.5.3 Renton inttnds to utilize limited tax general obligation debt to fhnd Arterial Roads and other public infrastructure under this Agreement, to be paid for by revenues generated by Redevelopment pursuant to the terms of Section 4.1.S. l. For example, $12,000,000 in bonds wou]d require approximately $1,000,000 per yell!' in debt service for a 20-year bond at 5% interest. Similarly, $7.500,000 in bonds would require approximately $625,000 per year in debt service and $4,000,000 in bonds would require appro,cimately $333,000 in debt service. 4.1.5.4 Should tax revenues fall short of those necessary to timely install all infrastructure improvements required for a particular Redevelopment project, Renton may delay infrastructure construction until the tax revenue shortfall is remedied. 11/24/03 Page9 4.1.5.S In the event ofan infrastructure delay, Renton will immediately notify Owner and (if Owner is a non-Boeing entity) Boeing of its need to delay and representatives of the parties will meet to discuss a cure, which may include (at Owner's or Boeing's option) the provision of alternative financing pursuant to Section 5 of this Agreement. 4.1.6 Arterial Rights of Way 4.1.6.1 Owner agrees to dedicate, at no cost to Renton, the land necessary for the rights of way described in Exhibit 2, at the time that land on which the rights of ways are located is sold; provided, that (a) Renton may request earlier dedication, which Owner may approve in its sole discretion, which approval shall not be unreasonably withheld, and (b) easements or license agreements will be provided by Renton to Boeing, as Boeing deems necessary, to allow continued operation of facilities within the right of way that. support Renton Plant Operations. That is, the parties intend that, if approved, such early dedication would not result in additional cost to or dislocation of Renton Plant Operations. 4.1.6.2 Should there be Owner buildings located in the right,; of way, it shall be the responsibility of Owner to, at such time as the road needs to be constructed, and upon Renton's request, (a) demolish such buildings and (b) cap and abandon any underground facilities that would interfere with Renton's use of the dedicated property for right of way purposes. 4.1.6.3 Park Avenue is constructed asymmetrically within the current right of way. Expansion of Park Avenue anticipates use oftbe existing road. Some additional realignment may be necessary to connect Park Avenue to Logan. Owner will dedicate the necessary right of way to realign Parle Avenue to provide symmetrical right of way and as anticipated for expansion under Exhibit 2. Renton will vacate anY: excess right of way created by such realignment, at no expense to Owner. Should Owner have a building occupying property that would need to be dedicated to Renton for right of way, then Owner shall grant the right of way, except for the portion occupied by the building. In such case Owner will reserve the right of way for Renton, and provide the dedication at no cost to Renton when the building is demolished. 4.l.6.4 Renton shall not vacate any right of way dedicated by Boeing necessary to serve Redevelopment, until redevelopment is complete or upon the appr<>val of Boeing and Owner. 11124/0) Page 10 4.1.7 Design Fund and Timln1 4.1.7.1 Renton agrees, within 30 days of the date of this Agreement, to eannark $1.5 million for funding of Arterial Road design and engineering ("Arterial Road Design Fund" or "Fund"). The Fund will be utilized, as needed, to ensure that design and engineering of the Arterial Roads occur in collaboration with Owner and sufficiently in advance of Redevelopment project construction to produce needed Arterial Roads in time lo serve such Redevelopment. The parties agree that Renton shall begin the consultant selection process for design of Arterial Roads within 30 days of the date of this Agreement. 4.1. 7.2 With respect to Subdistrict 1 A Arterial Roads, Renton will begin design, through its consultant, of the intersection of Park and Logan as the first task of the consultant selected pursuant to Section 4.1. 7.1. This early design shall be completed as soon as reasonably possible for the purpose of defining the location and extent of the needed right of way of the intersection of Park Avenue and Logan A venue. Owner and Renton will consult on a right of way definition sufficient to pennit Owner to establish its property lines for purposes of sale. 4.1.8 General Construction Timing Construction of all or portions of Arterial Roads required for each increment of Redevelopment will occur based upon (a) need for that portion of the Arterial Road as demonstrated by a SEPA environmental checklist prepared for that increment of Redevelopment, a traffic study, or other documentation agreed to by the parties, and (b) a construction schedule established by Renton and approved by Owner to ensure final completion of such Arterial Roads, for each increment of Redevelopment, prior to issuance of the first occupancy pennit for that increment; provided, that if such Artt:rial Rl,ad construction is not timely completed, Renton shall identify 811d construct, at its cost, mutually acceptable interim access. 4.2 Intersections 4.2.1 On-Site Intersections The cost of On-Site Intersections will be paid by Renton according to the principles set forth in Section 4.1.5, except that Owner will pay (a) the cost of left tum lanes necessary to provide access to Redevelopment and (b) that portion of the cost of the traffic signal necessary to support left tum movements. [.'BOEING D.:\ Agr~ment 11-24..0J doc:] 11n4'1l3 Page 11 4.2.2 Ott-Site Intersections The cost of Off-Site Intersections will be paid jointly by the parties in shares proportionate to the amount of predicted traffic using the development and the amount of predicted traffic that is general pass-through traffic. These traffic predictions will be made by use of a mutually acceptable traffic forecasting model. Owner's contribution will be proportionate to the percentage of the tramc trips using the development, and Renton's contribution will be proportionate to the percentage of the traffic trips that are general purpose pass through trips. 4.2.3 Boeing Trip Allocation Boeing agrees that it will allocate up to 1,500 of the "baseline trips" established by the 2002 Agreement for Redevelopment of District I. It is understood that this Agreement is based upon reallocation ofup to l,SOO trips in order to mitigate or minimize the need for additional transportation improvements. The method, timing and distribution of each trip shall be at Boeing's sole discretion. If, however, Boeing's reservation of all or a pi>rtion of the 1,500 trips results in the need for transportation improvements that would have been otherwise unnecessary, Boeing will bear the cost of those improvements. 4.3 Interchanges The parties agree to collaborate on lohbying and other efforts to receive state and federal funding of !-405 interchi31lge improvements that benefit Redevelopment. 4.4 Local Roads Owner agrees to pay for all Local Roads required for Redevelopment. 4.5 Transportation Mitigation Fees Renton agrees that Renton transportation mitigation fees a.~sessed $ mitigation for Redevelopment will be used to fund off-site improvements, required to support Redevelopment, in proportionate share of the cost of such improvements. Notwithstanding the foregoing. transportation impact fees shall not be devoted to On- Site Improvements or for site access improvements required by Redevelopment, such · as left tum lanes on periphery street~. 4.6 Strander Agreement Transportation Mitigation Fee Credits The parties acknowledge that, at Boeing's sole discretion, all or a portion of the reserve account established by the Strander Agreement may be utilized to pay for 11124/lll Page 12 all or a portion of Boeing's transportation obligations associated with Redevelopment, except that such credit may not be applied to reduce Boeing's share of the On-Site Intersection improvements addressed by Section 4.2.1. · 4.7 Water 4.7.1 Renton shall, according to the principles set forth in Section 4.1.5, install water lines to support redevelopment in coordination with lhe construction of Arterial Roads. 4.7.2 Water lines installed shall be consistent with the ''Option I" plan provided by Renton's Department of Planning, Building and Public Works, described on Exhibits 6A and 68, attached. 4. 7 .3 Owner and Renton will work together to create a water plan to ensure provision of adequate routine (non-emergency) water and emergency water, including fire flow protection, to the Renton Plant Site, for continued Renton Plant Operations and for Redevelopment, including but not limited to an agreement that water for Renton Plant Operations will be of adequate pressure, quantity, quality and have required system redundancy. 4.8 Stormwater Conveyance Renton shall, according to the principles set forth in Section 4. 1.5, install a stonnwater drainage and collection system to support Redevelopment, in coordination with the construction of Arterial Roads. The system to be installed is referred to as Option I B in Exhibit 7, which anticipates reuse of a portion of the Boeing stonnwater drainage and collection system. The-segment lengths, type of improvement, needed right of way, length oflaterals and estimated costs of these segments is set forth in Exhibit 7 A. If all or a portion of Boeing's stormwater drainage and collection system is used, Boeing agrees to grant Renton an easement for maintenance, repair and replacement of that system and title to the stonnwater drainage and collection system , being used by Renton. 4.9 Sanitary Sewer 4.9, 1 Renton shall, according to the principles set forth in Section 4. I . 5, im,tall sewer main lines to support redevelopment, in coordination with the construc1ion of Arterial Roads. (lfll)f.lNG r>c,· Ayccmcnt I 1•24.0l doc] \1124/IB Page 13. 4.9.2 Sewer main lines shall be installed consistent with the proposed plan provided by Renton's Department of Public Works, described on ExhibiL &, attached. 4.10 Franchise Utilities Provision for Franchise Utilities must be made, in conjunction with installation of the Arterial Roads. Franchise Utilities and Owner shall bear the cost of any out-of- pocket design costs, extra trenching, conduit, sleeves or other installations to provide for Franchise Utilities. Owner and Renton agree to reuse existing assets, if both parties agree that such reuse is feasible. S. Alternative Financing 5.1 Trigeerlng Events Should Renton he unable to timely fund public infrastructure improvements or should Owner or Boeing (if Owner i:; a non-Boeing entity) determine that it requires construction of all or a portion of public infrastructure for Redevelopment on a schedule more expedited than this Agreement provides, then, subject to the provisions of Sectiol't 5.1 hereof. the parties hereto agree that, Owner or Boeing may choose, at its sole discretion, to provide alternative financing for all or a portion of public infrastn1t.1ure by one of the following means: S.2 Potential Alternative Financing Methods 5.2. l Owner or Boeing or some other party may build all or a portion of the Anerial Roads and other infrastructure improvements described in Section 4 of this Agreement and sell all or any portion of the public infrastructure to Renton or other applicable governmental authority pursuant to a conditional sales contract, lease purchase or installment purchase arrangement or similar method, the effect of which shall be to cause the lease or purchase payment obligation to qualifJ as a promise to pay withiri the meaning ,1fSection !03 of the Internal Revenue Code of 1986, as amended. 5.2.2 Renton, or some other governmental authority, may issue revenue bonds if and to the extent that the property to be financed is to be included in u utility, ~)'stem or similar enterprise with respect to which revenues are expected to be available for the ultimate repayment of the capital cost of such property. f,lJOflNO De,· ,\9,:-c:tmcnl 11-l~-OJ. doc] 11124/03 Paae l4 5.2.3 Renton may issue such other or further debt or other obligations, including any tax increment obligations, which Renton is now or hereafter legally authorizt..-d to issue. 5.2.4 To the extent that any alternative financing may be structured in a manner which wi:I permit nationally recognized bond counsel to opine that the interest on any obligation is excludable from gross income of the holder of any obligation for federal income tax purposes, then Renton and Owner or Boeing covenanl and agree to cooperate in good faith to structure the alternative financing in such manner. S.3 Repayment 5 .3 .1 In the event that Owner or Boeing exercises its right of alternative financing pursuant to Section 5.1, the parties shall cooperate in good faith to enter into an agreement, pursua."ll to which the parties shall identify any and all tees, user charges, revenues, taxes and other benefits wtiich are expected to result directly or indirectly, either from the public infrastructure so constructed or acquired or from the transactions contemplated hereby, in order to dctennine the aggregate benefits to Renton and any other funds that Renton may obtain from other governmental authorities. 5.3.2 The parties agree that they shall, to the maximum extent not prohibited by law, directly or indirectly allocate two-thmls (2/3) of such taxes, revenues and other benefits identified in 5.3.1, over time, to pay amounts due with respect to alternative financing, or to reimburse Renton or related governmental authority therefor. To the extent that such benefits are not permitted by law to be directly allocated to pay debt service or similar obligations, the parties hereto agree that such benefits shall nonetheless be taken into account directly or indirectly in detennining the total amounts ofpuNic resources which shall be allocated to repay such cosls, so that the net benefits resulting from the transactions and public infrastructure are allocated or deemed allocated for such purposes, in a fair and equitable manner. It is further agreed that any costs of issuance of such public financings, any capitalized interest thereon or any similar fees and expenses shall, to the extent pennitted by law, be included in the amount so financed and shall be similarly repaid. [IOOEINli Dev Ar,rccmcnt 11-24.0J doi;} 6. Vesting 6.1 Site-Wide Vesting to Compre•easlve Plan, Zoning use Tables, and Site Plan Process for Term of Agreement Upon signing of this Agreement, the Renton Plant Site is vested through the tenn of this Agreement to the Comprehensive Plan and Zoning Use tables, and Site Plan Process in place as of the date of this Agreement. 6.2 Additional Vesting to Development Regulations and Design Guidelines at Time of Conceptual Plan Approval 6.l.1 Generally Vesting to Development Regulations and Design Guidelines shall occur at the time of Conceptual Plan approval pursuant to Section 3.2 ofthis Agreement. Such vesting shall extend for three years from the date of Conceptual Plan approval for Subdistricts IA and IB, and extend for five years from the date of Conceptual Plan Approval for District 2 (''Conceptual Plan Vesting Period"). Development Regulations and Design Guidelines may be extended beyond the Conceptual Plan Vesting Period if a materially complete application for master plan approval, pursuant to RMC, for all or a portion of the Conceptual Plan area is submitted to Renton prior to the end t'f the Conceptual Plan Vesting Period, in which case such vesting shall be extended as to duration and area only for the master plan area according to the terms of the master plan ap;>roval. 6.2.2 Vesting to Development Regulatlons and Design Guidelines for Subdistrict IA Conceptual Plan The Subdistrict 1 A Conceptual Retail Plan approved pursuant to Section 3.~ of this Agreement is hereby vested for three years as provided by Sectiori 6.2.1. 6.2.3 Additional Time Necessary to Finaltze Non-Retail Development Regulations and Design Guidelines The parties acknowledge that non-retail Development Regulations and Design Guidelines will not be in final fonn 11s of the date of this Agreement. Renton shall consult with Boeing as it finalizes such standards and guidelines and make best efforts to submit such non-retail Development Regulations and Design Guidelines to City Council for adoption, no later than April 1, 2004. )1)2,111)) Paeo 16 6.2.4 Changes to Applicable Land Use Policies and Regulations During any vested period, should Renton amend its Land Use Policies and Regulations, Boeing may elect to have such amended Policies and Regulations apply to Redevelopment; provided, that the Development Services Director must agree to such election, which agreement shall not be unreasonebly withheld. Notwithstanding the foregoing, Renton reseives the authority under RCW 36. 70B. I 70( 4) to impose new or difl:erent regulations, to the extent requirod by the federal or state governments, or by a serious threat to public health and safety, such as changes or additions to the family of building and fire codes, as determined by the Renton City Council, after notice and an opportunity to be heard has been provided to Owner. 7. Additional Development Agreements May Be Necessary TI1e parties agree that other development agreements, in addition to and follov.ing this Agreement, may be necessary to guide Redevelopment over time. That is, should all or a portion of District 2 be surplused, the parties anticipate that this Agreement would be supplemented by one or more additional development agreements, addressing issues such as open space, and new internal putlic and private road network and public facilities. For example, the parties anticipate that construction of additional water, sanitary and storrnwatl:I' utility infrastructure, necessary for the Redevelopment of District 2, beyond that associated wilh the Arterial Roads discussed in Section 4, and which have been conr.epcually reviewed by Renton, as shown in .Exhibits 6, 7 and 8, will be covered by future development agreements, and that the cost of such will generally be the responsibility of Owner. In addition, the parties anticipate that District 2 Redevelopment will include public and private open space amenities. Such amenities may include one or more contiguous parcels that provide recreational amenities and public access to Lake Washington, create view corridors to Lake Washington and Mount Rainier, and serve as focal points for Redevelopment. 8. Marketing Information Boeing will generally share with Renton marketing infonnation for Renton Plant Redevelopment efforts so that Renton will be infonned about the marketing [1BOflNG ~,· Agreement 11-.?4-0.l d~I 11/24/0) Page 17 process, and additionally, so that Renton can adequately respond to inquiries by prospective purchaser... 9. Potential Renegotiation Bast'<i upon changed or unforeseen circumstances, Renton or Boeing may request renegotiation of one or more of the provisions of this Agreement, which request shall not be unreasonably denied. IO. Termination of Moratorium Renton agrees that the Moratorium shall termir1ate or expire on December 2, 2003 or on the date that the Proposal takes effect, whichever occurs first. 11. 2002 Agreement This Agreement shall not be deemed to amend or supercede the 200?. Agreement, which remains in full force and effect. 12. Recording This Agreement, upon execution by the parties and approval of the Agreement by resolution of the City Council, shall be recorded with the Real Property Records Division of the King County Records and Election.<; Department. 13. Successors and Assigns This Agreement shall bind and inure to the benefit of Owner and Rent.on and their successors in interest, and may be assigned to successors in interest to all or a portion of the Renton Plant Site. 14. Counterparts TI1is Agreement may be executed in counterparts, each of which shall be deemed an original. 15. Termination This Agreement shall tenninate on December 31, 2020. AGREED this / sf' day of_ {) e~ , 2003. (,'BOE-ING fl,:.,, Agrc-cmt'nl 11-2.i-OJ dt'IC:} 11n~/OJ hgcl8 • CITY OF RENTON ~.M~.~-- lly: ·-J,~s"'""--"-"w.u""-"-~-~ Its ~~-~o~r--~- By: Colelelemro1Dk Its: _ _Aulbodzed Slanatorv STATE OF \VASHINGTON) ) ss. COUNTYOF k'i1o' ) ATTEST: By: Bonnie I-Walton Its C: ty Clerk ~ City Attorney By: Its: Vice President On this .1s..1_ day of Dec t' a::1 <:!. ,-, 2003, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared ·1 e,,; <; e. _To..,., f\ ,.. c-, to me known to be the person who signed as /I-. o,. ~ r of the CITY Of' RENTON, the corporation that execu the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said cprporation for the uses and purposes therein mentioned, and on oath stated that he!. was duly elected, qualified end acting as said officer of the corporation, that be. was authorized to execute said instrument and that the seal allixed, if any, is the corporate seal of said corporation. 11124m P.!IJC 19 IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written. j.'IIOflN(; De, Airc,:mrm l 1·24--0J doc) (Sign ~otary) . SJ-1.. Z.a(ll\ h. h,~c,..r·k (Print or stamp name of Notary) NOTARY PUBLIC in and for the S,tate of Washington. residing at ~·~*le My appointment expires: ct/ I Q\- I I '24/0l P,11.e:e~O ST ATE OF WASHINGTON) ,/ )ss. COUNTY OF t'j~ ) On this ')f/): day of kimh If . , 2003, before me, the undersigned, a Notary Public in and or the Sta~e,. of ashin~ duly commissioned and sworn, personally appeared I" 1 . , to me known to be the person who signed as ' of THE BOEING COMPANY, the corporation that executed the in and oregoing instrument. and acknowledged said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on oath stated that. 6bf was duly elected, qualified and acting as said officer of the corporation, that 4, . was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written. {'B<lEJNG De\· 1'r,rtc:ment 11·24-03 doc} (Signature ofNotary) PP<mw 6. sm:er:li (Print or stamp name of Notary) NOTARY PUBLIC in and f\)rthe State of Washington, residing at Ntu,\(Yliju u),, . My appointment expires: ');..q .. oi, ' . I 11241113 Pagc2l EXHIBIT 1 LEGAL DESCRIPTION Tracts A, B, C, D, E, F, G and H located m Sections S, 6, 7 and 8, all in Township 23 North, Range S East, W.M, described as follows: TRACT A (Tax Parcel Nos. 08230S-9019, 08230S-9209 & 722300-0IOS • portion) Parcels A and B of City of Renton of Renton Short Plat No 093-89, accorJ.mg to the short plat recorded under King County Recording No 8911149006, records of King County, W asluogton, TOGETHER WITH that poruoo of the IIOrthwest quarter of the southwest quarter of satd Section 8. l)1ng southerly and easterly of Parcel B of said short plat Hnd westerly and northerly of Park Ave N, and N. 6,,. St., respectively TRACl' B (Tax Parcel No. 7564(,()..(XISS) I..ots I through 13, inclusive, Block 11 of Renton Farm Plat, according to the plat thereof recorded m Volume 10 of Plats, page 97, record:; of King County, Washington, TOGETHER WITH Lois I through 12, inclusive, of Sartorisville, according to the plat thereof recorded m Volume S of Plats, page 7, records of King County, Washington; EXCEPT that portion known as Lot 3 of City of Renton Short Plat No. 282-79, according to the short plat recorded under King County R.econling No 7907109002, r~ of King Cmmty, Washington; and EXCEPT roads TRACl'C (Tax Parcel Nos 722300-01 JS & 722300-0IOS-portion) Blocks 3 and 4 of Renton Farm Acreage, acconlmg to the plat thereof recorded in Volunl<\ 12 of Plats, page 37, records of King County, Washington; TOGETIIBR WITH those portions of the alley vacated under City of Renton Vacallon Ordinance Nos. 3319 and 404 8 and the street vacated under City of Renton Ordinance Nos. 3319 and 3327 as would attach by operation of law; and TOGETHER WITH that portion of the northwest quarter of the southwest quarter of said Section 8 lying southerly of the southerly right of way margm of N. 8111 SI, easterly of the easterly right of way margin of Park Ave N. and north of the south 315 feet thereof. J.:BACT D (Tax Parcel Nos. 082305-9220, 08230S-9221, 082305-9222 & 08230S-901 I) I..ots J, 2, 3 and 4 of City of Renton Short Plat No. LUA.OI-OS6-SHPL, nccording lo the short plat recorded under King County Recording No. 20011205900004, records of King County, Washington TRACT E ("fax Par~cl Nos 082305-9037, 082305-9152, 082305-9079, 082305-9204) Those pnn1ons of said Government Lots I and 2 of Sectton 7, lymg w1thm the abandoned Burlington Northern Railroad nght of way (fonnerly Northern Pacific, Lake Washington Belt I.me) and northerly of the nonherly right of way margin ofN.6"' St.; TOGETIIER WITH ~aid northwes: quarter of the southwest quarter of Section 8, .lying northerly of the northerly nght of way margm ofN. &1' St and westerly of the westerly right of way margin of Park Ave N.; EXCEPT City of RentDI! Short Plat No. 89-093, as recorded under King County Recording No 8911149006, and EXCEPT that portion of said northwest quarter of the southwest qu::uter lymg southerly and easterly of swd short plat; and TOGETHER WlTH those portions of said Government Lots l, 2 and 3 and the southea.~t CjUarter of the northwest quarter of Section 8, lying ·westerly and northwesterly, respe,,uvely, of the westerly right of way margin of Park Ave N. and the northwesterly right of way margin of the North Renton Interchange (SR 405), westerly of a !me that intersects with said northwesterly nght of way margm of the No1th Renton Interchange, said !me ooing described as beginnmg at Station 6+50 on the A-Lme of the North Renton lnlerchange, SR405, as shown on Sh«:t 2 of 5 of PSH l (SR 405) North Renton Interchange, Washington Slate Department ofTransponatJon Right of Way Plan, and ending northwesterly, pe,pcndmular to said Station, at a point on the southeasterly margin of the 100 foot main track of Burlington Northern Railroad, easterly and southeasterly of the northwc.~terly nght of way hne of the abandoned Burlington Northern Railroad nght of way (formerly Northern Pacific, Lake Waslungton Belt Line), EXCEPT from said abandoned rrulroad nght of way that portion lymg northwesterly of a lme descnbed as follows Beguming at a point SO feet southeasterly, measured radially and at right angles to the centerline of the Burlington Northern mam track as now constructed, from Survey Station 1068+00, said po1nt being on the southeasterly nghl of way margin of the 100 foot w1denght of way, Thence northwesterly along said radial line a distance of 25 feel; Thence southwesterly in a s1r111ght hoe 1c, a point 25 feet northwesterly, measured from the southeasterly nght of way hne at Stallon 1074+00, Thence contmuing southwesterly at an angle to the 1ight, to a point on the northwesterly margm of the 100 foot Burlington Northern Railroad nght of way, said point also bcmg on the southeasterly line of the Spur Ttacl at Headblock Station 8+8S.5 Md the end of said descnbcd lme and EXC'.EPT that portion of said Govemment Lot 2 dcseribed as follows: Begmning at an interseclion of the southeasterly right of way margin of said Burlmgton Northern Railroad and the northwesterly margm of vacated Mill St (Park Ave N) per Vacation Ord 2513, Thence southwesterly along said southeasterly margm of the railroad right of way, a distance of60 feet; TI1ence southeasterly, at nght angles to srud railroad nght of way, a distance of 10 feet, more or less, to a pomt on the northwesterly right of way margin of said vacated Mi.II St (Park Ave N ), Thence northeasterly along said Mill St to the point of begmnmg· TOGETHER WITH ponion of Vacated Lake Washington Boulevard adJoming. TRACT 11 (Tax Parcel Nos. 072305-9046 & 072305-9001 -portion) Thal portion of the SE 'A of the SE 'A of srud Section 7, Jymg southerly of N. 6"' St , westerly of Logan Ave N., easterly of the Cedar River Waterway (Commercial Waterway No. 2), and northerly of that certain tract of land conveyed lo the Renton School District by Deed recorded under Kmg County Recordmg No. 5701684 TRACT G (Tax Parcel No. 072305-9001 & 082305-9187) That poruon of s111d NE 'A and SE 1.4 of Section 7, NW 'A of Section 8, SW 'A of Section 5, and the SE \4 of Section 6, lying north of N 61n Street, easterly of the Cedar River W alcrway (Commerc1at Waterway Ne> 2), westerly and northwesterly of the westerly nght of way line of the abandoned Burlmgton Northern Railroad (formerly Northern Pacific, Lake Wa.~hmgton Belt Lme) imd northwesterly oflhe northwesterly line of the railroad spur track bcgmrung al Headbiock Stal.Ion 8+85.5, westerly of Lots "A" and ''B" ofCiry .,fRcnton Lot Linc AdJustment No. LUA-98-176-LLA as !'(;Corded under Kmg County Recording No 9902019014, and southerly of the La1ce Washington Inner Harbor Line; EXCEPT Logan Ave N TRACT P. (Tax Parcel No. 072305-9100) That portion of the Burlington Northern Inc. (fomierly Northern Pacific Railway Co.) 100 foot rat[way nght of way in said SE 14 of Section 7 and SW 1A of Section 8, lymg north of the northerly right of way margin ofN. 4"' Street and southerly of the southerly n!,!ht of way margin of N. 6111 Street. All situate in the City of Renton, Ku1g County, Washington. ---.. ·--' . --- -·--. -· .. ... ------.. - --..... --··-----..... ----.----~ . --------. . ------· '7 ~ "G" ~ . :z- ·& %-"D" 'o "E" ;;, z N Slh St (1> ~ <( z .x ... z 0 w > a.. "Cl!:? <( <( C t 0 I "A" 0 I -' ' I ' ' N 6t SI. I N 6th St \. I "F" I SI \ ~ ! "H" i ' I L 0 600 1200 ~~ ., ...... r .. "'-"'"" ...... u.....,.,._.. 1 : 7200 "' 1,.1.:-1,_ .. ~.~ ~~~, . ·\ I I @ '!( I ..... .- I -1 .• .,. ... i I '\' \ ' ' . \ \ _,.,~ .. ' \ . . \ \1 \",\ I ~ \ \-... \ '. ~:· . ', ~ ., ... ~, I"> ' \ \ ,.......> \ 'f, ... \ t\ ' \ ,., . ' r,---.. I_, ,I ~I,; .... ". i - [~·., L J ...... ---~ c::::::J =~In -=~ ... ~=~" @ -- t ---©--,.- , •• ~lllllll"II-....•-........... ,.. ........... --••1/lltl- 1!1:'111--·--....... -----~-- PROPO.SEO ARTERIAL RIGHTS OF WAY TO SUPPORT DISTRICT 2 (FULL BUILDOUT) ·-- EXHIBIT 2 TYPICAL SECTION 1: PARK AVENUE NORTH FROM PROPOSED LOGAN A VENUE TO NORTH 8TH STREET <4 LANES OF TRAFFIC WITH A MEDIAN/TURNING LANE EXHIBIT 2A ., a• ll,ij/tl.--Jllt=", 0 1-~,-...... -.-' .. ,,.,;,..,,.,.. ,.._ ........ " I U' _,..........., ---,r ..... - .. _ __. !GI - ar-.rll'ID'III 6' ,_a· ~· FULL BUILOOUT SCALE 1"•16' wm ~Cnat3 AIE DRAWN IN ACOCiPDAN:E Wl1H 11-E KING 001.HTY ROAD STMDAll)S ND Tl£ OJTY CF FENTCII S'l'Aa:T STNON'OS AU. RO.ID\VAY SEOTICl'/S ARE ILLUSTRATI~ d•hl ~ El>J-,is Of Sl•wa-t street. &:Ir,, BOO Sllattlo. V4ahll.,h>o 9810/ '206/ 3&Hl600 Fax <ll06i 382-0SOO ,OI\Q-2003 TYPICAL SECTION 2: PARK AVENUE SOUTH ~OM NORTH 8TH STREET TO NORTH 8TH STREET EXHIBIT 28 4 LANES OF TRAFFIC WITH A MEDIAN/TURNING LANE ~ ,----------------A,~£111-= r:':,..,,--------------0 ,----------~::.....Dll1lol'O..:.:~ t -· ''""" "'"' -1=~!:!A=='li ( > A ..;1,,., -1-.:,_J_..!L u I ,._UN; .,_ 'TZc"' ,,. I JltlP91NCIIA ~ ··--... t 0, 'tllW a'llf-----·- f 1$" I 32' ! FULL BUILDOUT SCifJ..£ 1••16" !:IOI£: SECTICNS AAE DRAlm IN ACCCl'CJNa WITH TfE K1Hl3 COi.MY ROM> ST~ NO TH: CITY CF Fe/Tai STREET STNDAffJS. AIL ROADWAY SECTIONS AAE 11.WSTIIA TII-E •·•··~~ rll SIBwtrt Slraot. Suite 800 -~980! 12Ci6J 382-0600 Fax l2Cl6J 382-0SOO " M'.)IISf:IER 2003 TYPICAL SECTION 4: LOGAN AVENUE NORTH 8 LANES OF TRAFFIC WITH A MEDIAN/TURNING LANE 5' BICYCLE LANES ON EACH SIDE OF ROADWAY alC'&li..::\ I : ~ ~ ~J :1 ::· I : l ~J·~·t: 1.: I\ l,MC t.lC 1,#C ~ 'Mlil9l9 I.NC I.M<f UM: WII ... or-.vltlllDIN FULL BUlLDOUT 0 8' 16' :1,1' SCALE 1"m16' J:Jam SECT/ONS AFlf! a!AWN IN~ WITH TI-E K/1-.G COt.M'Y RCW:J STA/ICWDS ND 7rE CITY OF RENTaf STREET ST.MOARDS. Alt ROADWAY ScCTIONS NE ll.l.USTRAT/1.£ EXHIBIT 2C •. ,,,~6~ o, sr-i sereor. SV/re BOO Seotm.. WBShilp!ai S60I CI06I 38e--0600 Fax t2C6J S82-C500 IO M:>WMIER 2003 TYPICAL SECTION 6: NORTH 8TH STftEET 4 LANES OF TRAFFIC WITH A MEDIAN/TURNING LANE EXHIBIT 2D I I I Uf1c I ~~-'--~.: I I l \ <. I ·-UICI: 'Tl.Md Will: UN( ......:r I I ··-aono,.,,,. - FULL BUILDOUT i f 16' ~ 32' ! SCAl.t i•-1e' tJDm SECTIONS ARE: DRAIIN IN ACCOFOANCE. WJ'IW 7J.E Kllf3 cou;TY = ST~ NO Tl£ CITY OF RENTON STFl8!T STNOAFOS ALL ROADWAY SECTIO'IS AFE ILJ.(,6TRATJ\E ii•IP ~,1np~ KJt Stllwart S1>11et. SU/18 800 Seattlf. Wuhll,gco, 9llCI (206) 382,{)fJOO -t206i 382-0500 IOM?~2003 TYPICAL SECTION 8: NORTH 10TH STREET -4 LANES OF TRAFFIC WITH A MEDIAN/TURNING LANE ,,. 12' ~.~ u,,11; I.NIC ~ UAC UIII " - .. _.... ,,. 10Ct or •• •• u ... ._ I FULL BUILDOUT 0 I ~{ 32' j SCAL£ , .. "',e· u;:aJ;: SECTla6 ARE Cl't~WN W ACCOROMCI: WITH T>£ KIH3 caHTY RO/ID STNC,<liOS ,'lilJ TIE CITY a' REN70, STREET STA/IOARDS ALL ROAfmAY SECTICNS ARE R.LUSTRATIVE EXHIBIT 2E d·ld CO>st/Jlh'Q F.ng- (11 St-t Stl'Nt &,ir,, 8{)() Sealll& Wasl>ilglco &80/ /206) 382--0liOO Fu. l206J 382-0SOO l)IIOw.eER2003 . ---·-. ·--..... --... ---· ' . -------.. .,~ ~·---······-·-------, . -----. -· ----.. -0 J -7 Sub-District B ·~ --·~ , ~'.\ ITT~;I111DI11LlnruDIImtruJ_~;~~fil.l~§WliclLl ,:::___..L-11.= Urban Center North District Sub-areas Districts Subject to Conceptual Plan Approval Exhibit 3 llclllt ~ bc,undat1Glt!lcludododicaled R..().W e r--:Om~~-~"""""" Al,t,_.,.....,_ .... --n ......... *'' ~,: t .z.. ,&I ·--ON-SITE INTERSECTIONS EXHIBIT "i EXHIBIT " 5 " BOEING'S CONCEPTUAL URBAN RETAIL PLAN Renton, Washington Submitted to the City of Renton November 17, 2003 Background CONCEPTUAL URBAN RETAIL PLAN Lot .3 and 10-50 Sites Renton, Waslungton The Boeing Company has been working with the City or Renton for more than a year m e-,·alUbting potentn,t redevelopment strategies ossoctated With Its 737 facility In Renton, Washington. ThlS Conceptual Plan illustrates the Boeing Company's vlSIOfl for the redevelopment of the fir.;t piece of the Renton Plant to be made available for non·1ndustnal uses. The Plan Includes that portion or the property commonly refetred to es the Lot 3 and 10-50 sites, whtch have been determined to be non- essential to the ongoing airplane ma11ufactunng acbvibes u Boenig completes It's 'Move-to-the·lake" consol1dabon plan. The Plan covers approX1mately 53 to 55 acres of gross land, of winch approximately 8 acres are rese,ved tor the development of four new artenal streets that are essentlal to the ulbmate redevelopment r:A the entire 280-acre campus. The remaining 45 to 47 acres of land wlll be marketed to entitles Interested m developing an integrated ret111I center on the s1t,1, collSlStent With this Conceptual Plan. Included within this submittal are a narrative descnptlon of Boeing's pn>posal, a Conceptual Planning Diagnim With supportmg pedestnan strl!et secbOns, and an economic benefit analysis demonstrat119 a range of potenbal one-time and recumng revenues generated by the proposed develOjllllent. Boeing seelcs the City's approval of this <:ona!ptual Plan so that Bcelng can complete the necessary lot hne ad1ustments and begin actively marl<etmg the property to local, regional and national developers and users. The aenal on the following page higllkghts tile location of the proposed retail s,te m relation to Boeing's remaining land holdings and the surroundmg North Renton netghborhood. Conceptual Urt>an lltltBII Plan Boeing believes that h,gh·quahty retail cfevelopment 1s essenbal to the SIJCCeSSful trans1t1on of the area from Its industrial roots to the City's VUilon for the Urban center-North A weft-designed retail center w1R pl'OVlcle emplOyment, diversify the economic base, offer a new source of mumapal revenue, and WIii attract other anernabve and potentially higher and belt.er uses to the surrounding area. The Conceptual Plan for the Lot 3 and 10-50 Sites, located on the following page, illustrates the c<>hesove rodewlopment of the parcels onto an urban retail center. The Plan contzuns a mix of large format "destinat,on• reta1Jers, mtd·slied retail anchors, as wen as small shop space concentrated along Park Avenue, envtSIOned as the stgrnficant pedestrian-oneoted street 1n the area. The Plan responds to the presence of the exasbng Fry's bu1khng on the property to the east of Gerden Avenue, and ant,apates that u1t1mBte redevelopment of the northern portion of that site wall relate d,rectly to the development occumng on Soe1ng's property Tho s,te 1s bound by a comb1nabon or exisUng and new publ,c roedWays, wh1th segregate the property mto four quadrants ranging between 6 and 19 acres 10 size. Boeing ,s seekmg buyen for the 45· to 47-aae property to undertllke • cohesive redevelopment. Generally, the large rormat reto1I development (users with footprints or 50,000 square fHt and larger end bu1ld1ng feature heights up to 45 feet tall) 1s planned to occur along a1t1, Logan and Garden Avenues, faan91nward and supported by well-organized parking areas N1temal to the s,te. These desbnatJOn retail uses wll naturally locate themselves along the widest portions of the property, with good freeWay visibility, much hke the recently completed Fr(s development on the eastem srde of Garden Avenue. Medium format retailers (ranging between 10,000 and 50,000 square feet In area, with l>u11dmg feature he19hts up to 40 feet tall) are 8SSllmed Nlfill between the large format temlnts, With pnmary pedestnan entrances racing inward ex-directed toward Park Avenue. Again, park111g ,s assumed to be concentrated Wltl1N1 each segment of the s~e, to allow for potentlnl •seuind-generauon• redeVelopment at higher densities, 1r achtevable. The northwest quadront of the µroperty 1s idenU!led as one potential location for a mid-lo high-rose developme,1t, whl<:h could take the fonm of a multHevel podium • par king stnJctur., with mulbfam1ly resadenbal or office uses above. Thts ultnnate develop1nent could mrtlate the truly urban v,..on ror the area and, together With pedestrian scale treatments at the comer of Par1< and lo51BR, would !denbfy \lus as the •gateway• to the Urban•Center North. Small, spedlllty relall shops and amen1tleS would be concenlnlted pnmanly along Pa,k Avenue, The scale or developl-nant Is more 1nbmate here, with an eclectic mix of uses, ardutectural styles and galt,enng places In some instances. Single story ret..11 uses may be topped with one to three levels of apartments or pn>f"""lonal office uses, au overlooking Park AvP.nue and the O<tlVlty along the slreet edge. Together, the lorge· and me<11um-fonnat users total app..,lClfflately 450,000 square feet of space; the smaller shop space totals 1!1pproxim8tefy 110,000 square feet, or 20% or the center. CONCEPTUAL URBAN RETAIL PLAN -.-"'-\ s... o1..-,... "' fo-par1*19---doly--- p d•:•lw• ............... --=·-Nial alee ,.. pollnlal b allci9« N JIJIIACII' ... ~ J CONCEPTUAL PLANNING DIAGRAM ... _ ..... FUUER • SEARS iRcttiiFcis ~IIEING Hierarchy of streets Key to the successful development c,f the property 1s the reconftgurabon and improvemen1 of Park Avenue to serve as a critical pedestnan-onented street tn the project. To accommodate run redevelopment of the Renton Plant properttes, the ultimate build out of Park Avenue w,11 need to allow for four travel lanes and a center turn lane, designed for lfeh1cular travel up to 35 miles per hour. To support the vision ror the development of an urban retail center In th1s locatlOn, a generous sidewalk wJth street trees and on-street parking for Park Avenue is being proposed to enhance the l!nv1ronment m the pLobhc realm and encourage people to make Park Avenue a pedestrian street. An 1llu~tratlve street section for Park Avenue can be found on the following pa9e. The other major north-south connection 1s LO!J8n Avenue, whld1 extends from 6"' Avenue to the south and Joins Park Avenue in the north. The construction of Logan, pro-,od,ng direct access to 1·405, will be an important altematNe through connection to ensure Park Avenue runcttons as a pedestnan·onented shopping street. At the outset of redevelopment m the area, Logan is env1s1oned as a three-lani, street, with one travel lane 1n each d,rectton and a center-tum lane. Ultimately, Logan will expand and function even more so 1,s a higher-speed altenal. The east-west artenal roadways, 10"' and B"' Avenues, are lass aitlcal to the successful development of the urban retail center, other than serving as access po11rts to the center off of Park Avenue. Connections from 10"' and 8"' to Logan Avenue, if constructed, would be favorable, but the center would funcbon as well with access only off of Park, the ex1~11ng i,,,9 of a"' and Garden Avenues. Urban ceirter-North Vision and Policies This proposed Conceptual Urban Retail Plan meets many of the City's Y1St0n and pohcy statements for the Urt,an Center-North, which can for "retail integrated Into pedestnan-onenti>d shopping dlstncts" and recognizes that: • At the be9mning of this transition, uses such as retail. .may be viable without the office and res1dent1al components that ulbmately will contribute to the urban character of the district.• The City's v1s1on plans for the transt!Jon of the area over a 30-year honzon and anticipates that redevelopment will need to address the potential for future infill to allow areas to further grow to urban denS1t1es. This site 1s located within District 1, where the City tdent,nes its first objectlVe as follows· •create a maJor commerclal/retaol d1stnct developed with uses that add s1gntf«:antly to Renton's retail tax base, provide !ldd1t1onal employnl'lllt opportun1t1es wtthm the Ctty, attract businesses that serve a broad market area and act as a gathering place w1tl11n the community.• Boein{J's Conceptual Urban Retail Plan seeks to both allow for the near·tem1 redevelopment of ~mg's underutilized assets while advOC11tmg for II mix of uses that improves the City's tax and employment base. As 1s 1llusb'ated within the attached economic benefit analysis, more than 1,300 ]Obs would be created m the City .:>f Renton by a redevelopment of this scale The City would collect more than $1. 2 m111ton m one-time revenues during develOpment and the City Wi>Uld receive over $1.5 m1lhon m annually recumng tax revenues at fUII build out. " . ~--' -.~· -· ... , ·. ' ~-. '•, ' ~·~ ,,,. '· . i'-~ .. • o:\ ~ . I • . . ~ ! ';:) I ( ~ t ' • ~ ~ :~ ' z~ ~ ' ~ •, ·--.. ,I ~ ~~ 'L-~ t m ~~-c... "' . summary Boeing believes that Its Conceptual Urban Retail Plan illustrates the optimal development plan ror this 45 to 47 acres of land 111 North Renton. The Plan offers the opportunity to contnbute to the trans1t1on of the area from a pnmanly lndustnal nelghbomood to a higher mtenstty and range of viable uses, prov1d1ng both jobs and a s,gmflcant source of new revenue to support the City's objectives for the area. Summary City of Renton Economic Benefits SUMMARY CITY OF RENTON ECONOMIC BENEFITS Retail Redevelopment on Part of Boeing s Renton Plant Site Economic benefits to the City of Renton of re-developing 46 acres of the Boeing Renhm, Washington plant site follow Derivation of these benefit estnnatcs 1s based on a set of reahsttc assumptions that correspond to development of 451,000 square foci of retail big/medium box space and 110,000 square feet ofretai/ shop space. > At full absorpllon of the above 561,000 square feet of retail space on a redeveloped portion of the Boemg Renton plant site, 1t 1s estimated that 2,197 pennanent Jobs would be created throughout the region. > Of this total, a projected 1,132 direct jobs would be created at the targeted 46- acre Boeing Renton site ptus 266 additional indirect jobs within the City of Renton, assuming a 25 perct-'Jlt capture rate. ;,. It 1s estimated that these 1,398 direct and mdirectJobs m the City of Renton would generate an add1tirm11l $4S.4 million in recurring annual income earned inside the City once full occupancy of this new retail space occurs at the Boeing Renton plant site J.> The corresponding increase in property values by redeveloping this 46-acre portion of the Renton Boeing site mto retail usea is foIC'.cast to total nearly $66 million upon completion in :?009 • J.> The increase in a1111ually recurring tax revenMes to the City of Renton at full build-out 1s estimated at over $1.5 m111ion starbng in 2009. J.> This is m addrtion to over $1.2 million in one-mne City revenues collected during land redevelopment and the construction of56i,OOO square feet of retail space on a part of the Boemi: Renton plant site during the 2004-2008 period I J/ll/(1) «&ti. F.STATI! £C()N()PICS Thr dara n~ ~:,ib.t10M pti:$-:r:,ltd hem a while no1 fu:ffl.Clffll. o:: obtained (,om sour;a ..._.1tl,able: r·-··--------·---------·· ·---- PERMANENT JOBS CREATED IN 2009 ____ _grr QE.BENTON 1 I 1600 ···-----1398 1200 ,·--·- ) i aoo 1 -------------. --- j / <IOO t-' ---- 0 0 -f------' -·----.-- With Project WtlhOutProject NEW JOB ANNUAL INCOMECREATED IN 2009 $50.0 CIJY OE RENTON .•. _______ _ 5 $40.0 1----- 's 0 $30.0 -i---------------·-------· ----- 0 ! $20.0 -1----- .!! ~ $10.0 ··--- 0 $0.0 'Nltl1 Projeet Without Project t? :::: r ----~~-CITY o::_::~ON TAX REVE~l,JES ~ $1,.COO -r------------- 8 $1,ZOtl -t--' ------·¥·· .... 0 $1,000 +-------------.. ~ $800 +------ : $600 ·----:, _g 5'00 ----------; I-12001--· $0 I, I __ _ 1001 2014 %005 2006 c-· Lan~~-·-- 2007 2001 JODI 2t1D 2D11 1012 • Building Dev. • Pe11111mant Taxes 1013 CURRENT ZONING ~O RE,lf; ESTATE ECOII0,\1/CS -............... P«lpeftt Warbl Values • mAot1!1 SefttUCI Slale R..,..,,,_ ~ ftillCM • • ' 2, ,,1 .. 977,4 S 1D-47 S r ' I , .... ! ..... , .... ,...., ... r- I I ... '" g i' ... ~ !r i!' ... r ... '" •· ,t.,mn"'9il~ P...f!'hl UIU,O') NEW PERMANENT JOBS CREA TEO BY 2009 With 1'$Jtcl NEW JOB ANNUAL INCOME IN 200t "' •••M•••~---, •• •• ••••·-· --------• --·,••---. t .......... ~,:p,u.--•-.f'OC'ml~.,.,."""~-ftoo, ..... -1..., .... tlll,llr;N ,3115 0 " r--- PROPERTY VALUE INCREASES BY illl09 -!---+------+---+---<-·--+---+--->-----< • m ~ ~ ~ ~ * ~ m ~ ~ oo111 .. 1nm1111am NEW JOB CREATTON ·------ .... ---------·------' ,.... 1---·---------l ... ----------· -, ...... ,,.. •""!!!!§Dav a_..,.., .__... Uiwn 'N..,......,..,hr, 11n)ICIJ '1"'1M.1..,._..,.<--..:1W>ffl_•.......,--«Q11111t1r,i,,, __ .....,..u .. ,_... ,---:.::-~·-_-_-_____ H_EW_S,TA TE TAX REVENUES ... I Motl----· ~ .... .... •· 11ttU1~'4ttl'r-1W,r •111w ---------~ -(itind DIY Tues • Ntdlllfl Oe¥ Taus 09MAA Ml THH j NEW RECURRING STATE Rl!VEHUES .. .. ,,., ........ ~,~'Wllllllt$1f,.,...Jlll....-...._. ______ l~IIIIIN~ m LOf'MENT ASSUMPTIONS" SOURc~ Recte1i1•10prnem Land Tolal l><rldable rude'IOlopmenl lMd area-'nef' ocres .tS ea -ld Tolal bu-le-..,lopnonl land --"net" sq ft t.1189,1121 -~ 0o ... 1opmon1 Lar1d --1 ConslM:llon Colla $ 14,S14,1n ,-11 ... Land -nt -ckllalil>ll • )'IBIS 10 REE/ Heal1w,ld Pe«:enl des.•Jn l.man&geli'8111: 100% REE Pt<t<lfltCCIIOtnX:l,onllbor 360'JI REE Perbtnt ma1Unals 54 0% REE Building Omtlopmfflt Pa,a.,wton, Change ,n a,:setsec1 vokia s 65.996,267 f,om AV fflma!es Pe,oenldM,gn and-l--Ol110tc:,ot 100% REE Pera::n1 conslruelaon hlbor -~ :;e O'II REE Percant construolK>n n.atenols & ,,._. c:DIMlelCl8l 540% REE B,llor,g mull,plO<tor do"'!Jl ond ~ 25 REE 841ing mull~borfo,""""'1ldlon 20 REE Propetty development-• yeo,s 40 Reta•-&iglllod 8ml Grou-leelol --451.000 Healtand Loedf--··rotaolapaoe 5% Hoot1lo,,d 8"okk>g a,nc~RJo:l!On u,ot /sq tt -spaoe s 120 tteao11a,1d Sq ft po< ernr,/o)'N -bog box retail 800 REE R--r>«"I 1-l>llbo•mtat 275 REE ftela•-Sh•p~ Gmss SQDIW lool ol 1"'811 space 110.000 -Load ___ 5% Hoartland lluikl-.g--/sqft-re!ad spaoe $ 130 H-Sq ft po< eroi,iOYOO -~ Space 250 REE __ 1!!!!!111. • 200 uu&-e E:ONOMIC IISSOIIPnON9 -Jobs M.,..,,,., forrecurnnvJDbs 1941 REE lndored JC)bs mutt,p6er for lffll de>.elos,menl c:onstru<lton Jobs 2481! REE -...:1,ot,s """llplerior ,o,gular-pbs 2687 REE Share ol ,nd,r9CI ,ot,s Cl!*Jred by Renton 2511 REE Sl>a<eol 11ci;reo1-cai)UBCI t,y Ronlon 25% REE KWi11CO es1 ... _ FTEwagelordired,-rolad,ot>s-·$30,000 ESO&REE KNIIICo aven,geannualwageloral.ndnclj(lb9 $43,00II ESO&REI! KNIii Co ... ___ IO< llft'l9c:I das,gnln,a._.,,.nt $85,000 REE A-annual-f«D!IHffll-JOIJS $49,000 REE G,0$.5,MattGlsffl~N ltallAwwaae TAXBASEANDKE\IEMUE "10MS ~.,, 000 WDR&ESO """"""" r""" .. %ol ta1a1 .......... .-or rodew,lopad po,per1y 3110, REE Roal estate turnover nlo 100% REE Total a:;sessed value of '"e:asbnQ• f8UH property tand : 16,548,400 Heo,tlend Total.assessed\·--of"axlsli-·-----....,-mtflta 15198·-Hfffllllnd Acnl..:io I.Jfb;ln Vllln'.)e·P-FIN ld. 1ut3'03 The a,a 11,"td ~W•hons presfflled hOICllln .W. NII guaanlltclf, ~,,. bNn c:tulnff 1rom ICU'C'd Mll'Nd' to be tellatt. -· Rf!Al ESTAJ'P ECO~O.W,CS Summary One-time Land OM-time Bulldlng Recunlng Dewl-ent ,OftftL2008 ln2009 - JOBS (),red Jobs 61 73 1,132 Indirect Jobs !11 122 1.065 Total Jobs 153 196 2,197 INCOME D•ect Income $ 3,149,119 : 15,052,400 ? 33,962,500 Indirect Income s 3922789 21.034·~-45807486 Tolal Income $ 7,071,908 $ 38,086,716 $ 79,769,!186 PROPERlYVALUialNCREASES Not applacablfl Not applicable $ 65,996,257 TAX BASE INCREASES Assessed ValUldlon Nol appl!C&ble Not app4,cable $ 65,996,257 Relall Sales $ 12,882,75!1 $ 61,578,000 $ 143,948,750 Real Es~• sabs Not appltcable $ 97,742,857 $ 6,599,626 Gross BuMess Recell)IS $ 14,314.in $ 88,420,000 s 143,948,750 SELEClED T AA REVENUE INCREASES (Pmpcrty, sales, B&O end real esla(e) State Taxes $ 1,189,652 $ 5, 143,4$'1 $ 10,356.729 Local Taxes City of Renton-property 100%., aty $ 245,167 $ 959,7"6 $ 1,554,562 Ki= Coon 0% Kl cou·•; $ 17,392 $ 83130 $ 95,695 R«ltor'1UrbanV1b~P-flN:K1, 11113'03 1M .._. .and ~l>,00\S 1wtMnll4 Mf'flnM'I•• NII~ 1\0.WSOffn Obt.mN hifa SOUl'CM belwlill tobtrehlbla Pagel REAt. ESTAJEECONOJHCS Land Use Retad-8,g,Med Box Relall-Shcp Space TOTAL Net Sqlt 532.950 0US11l8SS Receipts Re!a11Salff per•qtt $ ~75 $ 250 $ 117,823,750 $ 26.125.000 $143,948,750 714 418 1,132 Annual Orooervcalpta $ 117,823,750 S 26.125,000 $143.948.750 Renton IJswn Vdlagc.P,FINJd, 11M3/03 Pogo 1 Tha Cldl #Id calgiW,ens ~ htl'ffl~ 1IOl gm,~ '1av1 blilln obl.alncid't,o,n sourctt bllll\'Cd ID bo ~ REAL ESTATE ECONOMIC$ TalCbases one-tme 111roug11 One-llm8 Buting Landllellel ment 2005 llw 2008 at2009 Assessed ValuallOII $ 65.~.257 Real Estate Sak.-s $29,322,857 $ 97,742,857 s 6,599.826 Relaol.S,,les s 12,882,759 $ 6i,e76,000 s 143,948,760 GfOsS Busmc,ss Rece,pl5 s 14,314,177 s 88,420,000 $ 143,9,18,750 R<"""1 \J,b,1n V-.P--FIN Ju, 11l13J03 1'1111 dmollnd ~ pN$1ntoditifflin .. Mtnotgu~.;in~. haYO*n ob13&ntd hlmtoul'CII~ !obi rellebkt Pag81 REAL ESTATE ECONOMIC$ em. Start Year %005 A SSFD VALUATION -89MedBo• RolaC-S,,Op Spaoo SUBTOTAL Less CXISbllg :an<I va/uatJon Gross kFI 451,000 110,000 less embng .mp. o•en••i\ ~ TOT "1. INCRE45ES 561.000 Ae1"110t\ Urban Vi t;igc--P-FlN.xJ, 11113103 const. conrn COit /So Ft V~ISg R S 12'> 01) , 120,000 $ 130 00 ...,,..._-'s.,1,..•,a;,m,?;EoooG-s 68.4:!0,000 Tl.ti dJitJi ""'1 ~p,ona ~~ .... null~ "*"' bMt,oblnrnld from IICIUJCC$ bAlffld IOMrtlllbil Land $23, 194,286 SB.1211.571 53,322,857 $ AV sn,314,288 $20,421.571 $97,742.857 ($16,548.400) (115.191.200\ 1'1'9" 1 1W11. !STA!El!COHOIOCS Crmmercial BldtJ. Stert Year 2005 NN SqFt Per 1Nt Gross Land Use JobslE11r1ovees. Emotovee Safi S!ltJ. Rets,1-B~ed Box 714 600 428,450 451,000 Retad-~ "W>r, 416 250 104,500 110,000 TOTALS 1,132 !i.~2.950 561.000 I -U<t>,n Vil agc.P..fllhl, 11/13/03 Page 1 The dat:1 ;wftab.lt.alJOM.p,~tlC1ca11 whdo not~.hii~liccn ob1atriedhom'SOUl'Clls WIIMllll to,batellolm REAi. ~STATE ECONOAf,CS Oneflme Jobs From Develcpn»nt From DeV&/opment llem Ofl..&nd Of&," ... -• PROFESSIONAL JOBS Design and management costs s 1,431,418 $ 6,!42,000 Average salary $ 65,000 $ 65,000 Bil!og mul11plier 25 25 ProlesslOllal JOb years 9 42 T<otal professional wages $ sn.567 $ 2,736,800 Amual professional wages $ sn,567 $ 684,200 Prc,e<:l duration 1n years 1 4 Professional job& created 9 11 CONSTRUCTION JOBS Cons1ruc:llon labor costs only $ 5,153,104 s 24,631,200 Average salary $49,000 $49,000 8dl,ng muK,pt,er 20 20 ~struGllon JOb years 53 251 Total cons1ruet1011 wages $ 2,576,552 $ 12,315,600 Ar,nual construci1on wages $ 2,576,552 $ 3,078,900 PrOjeCI durabon m yea;s 1 4 Cons11tlcbon Jobs created 53 63 Total Equivalent New Jobs 61 73 Annual Wage Income lor New Jobs 3,149,119 3,763,100 Total Waae Income for New Jobs $ 3149.119 $ 15,052,400 Renton UJban Vi,age-P•FIN.xl, 11113")3 Pago 1 Tho Gl,1,111 ..,C,Q~CW1$ ~ Mtein .rlile l'IOl lrAr~td. hfl·,e bottn Clbtawwd rro,,. &OWCN bwwd IO be rehable. REAL ESTATE ECONOJl1CS Clnebme Revenue WA Stair l..and DtY 8itlld1ftl Oft' 2002Tu OM tamo f'l'VCftlltt Penod raxaua Tu--·- """"Ta. s 12~.7S9 s 61.571.000 150% 10DD'i' e &OTax· s ,,.~,.c.,n s 68.•20.000 0471% 10 DO-. R9al ~tMe Trans• s nm-1 s 97142157 128% 0- TOTAL . KIPCI County LandDDv 8ulldll''9 Dn 2t02Tu: en. t.ml' revenues Penoc:ITuBaN T•--Loi .... Stiles TM s 1Z,812,7Si s 61,578.IKIO 015% ,o_ 8&0Tu s 14,J14,f77 s 88,420.000 ·-··-ROIi Estakl T:aru1et s 29322 ... 7 s 97742!57 o-·-TOTM. Cllyol-Land ...... Bulk1'1~ DoY 2002Tox Ont b11tC1 m"lffl!" Pwrlod Tu; luc TuBue -....... - SolosT"' s 12.182,759 s 61,578.000 ·-1000'II, 8&0T3X s 14,314,177 s 6&.4:,0,000 ·-10- RNI Eata.1o Tnin-dor s 29322 "'~7 • 1774'"'''"'7 ·-·-TOTM. RtntoPI Urban V.1la,"°""P-FIN.Jd, l 1/13101 n..11au aM Qbt\n~f~ Mt•n wh.11 nul: ~ :tlavll bue,lt,blamdi JtOffl $WtOld briWlcl IO bO reliable Land Ow Bmldtng 'Dev --. ... $75:J,641 s 3.602.313 UO.B78 s 290!>32 $375.333 s 1 251109 $1.119.852 s 5.143~54 Land P,v _ ...... Rlnnu• -$17.392 s 13,130 $D • . tli s . $17.392 s 13130 Laadllw. 9u,1,1..,. ..... --$9',553 s 471,072 $0 s - S14B.614 • 438,714 S245.IB7 s 959,7116 ..... , R.E4LESTATE"ECOHOAHCS R<1cumng Revenue • V/ASude 2009 2002 Mul!mlm -Jt-·-rewnuas Tax-THRali' --i>,openy Tax $135.996.257 $36000 $2371587 5a1DsTu. $1•13,IMB.750 650% $9,358,669 B&OTd $1'13,MB,7all 0471'11, $877,998 Real Ellale lransfer $6,588,828 1;!8'11, SMA75 TOTAL $10,356,729 K1ngCounl1f' l!D09 2012 -........ TaxJllasa TaxRatt -PropaiyT .. $135,1196;!57 $1 ol500 $85.6~ Sa1HT1l< so 100% so B&OTu $0 OOO'A, $0 -£ ... IDT'"""" so 050')!, $0 TOTAL $95.695 Cllyol-2009 -2009 ........ Tu:Bao ToxRolo -~Tax $1)$,996,257 $33500 $221,087 SaleSTa S143.IM8.7all OBS% $1,223,5&1 S&OTu S1•l3)M8.7S0 C.!IO'II so Reel estate, lr.Wlsrer $6,599,6211 050% 13/1,998 HoodToxf(r 1.3118 $5500 S7&U12 TOTAL $1,!ot,562 Renlon UrbanV,llage-P-FIN,! 11/13/03 Pago1 ~ ..rata .)Rd c.a:cubtlC" ns fftten\c d hl,.in ¥!hi'-ngt gun nleed. l'tiN'41 bcM obtwMid fn>m aourmt5 l>C.'8wd to tit rellable REAL ESTATE ECONOMICS Boeing CPA. Estimated Cost for Water lnfrastrueture Improvements 10/16/03 Phase 1 Cost without Length Cost with street street restoration 1 2 3 4 5 6 7 8 9 10 Location l'rom To In ft. restoration Park Ave N. Garden Ave N N. 8th St 2000 $ 500,000 $ N. 8th St. extens1or1 Park Ave N Logan Ave N. 1300 $ 325,000 $ LoganAveN. N. 8th St. N 6th St 1300 $ 325,000 $ 1• Pressure reducing statton at West Hill Pump $ 200,000 $ N.10th St ParkAveN. Garden Ave N 650 $ 162.500 $ . Subtotal 1 to 4 $ 1,512,500 $ Phase 2 LoganAveN. Garden Ave N. N. 8th SI 2700 $ 675,000 $ N.10th St Houser Way Garden Ave N. 900 $ 225,000 $ N. 10th St Park Ave N Logan Ave N. 950 $ 237,500 s 2 -Pressure reduemg .. stations at Highlands 3-200 ft water stubs to $ 200,000.00 $ properties west of Logan 600 $ 150,000 $ Subtotal 6 to 10 $ 1,487,500 S !Total 1 to 10 $ 3,000,000 $ Future ReseNoir in Kennydale 320-zone $ 5,000,000 S "'' Note, Ccst excluding $t:"ect patch:ng fc:-5 ft. wide x 5" thick aspha:t patch ovei watei line trench Withiri streets where new water lines will be inslalled • Asphalt cost estimated at $90/ton JI Abdavl/boe, ng/b oelng·infra structure.co 51-est 01.xls-1 0/6/03 .. 459,500 298,675 298,675 200,000 149,338 1,408,188 620,325 206,775 218,263 200,000.00 137,850 1,383,213 2,1as,40a 1 5,000,000 Exhibit 6A / ... · Exhibit 6$ MAXIMUM AVAILASLE FIRE FLOW WffH NEW WATER MAIN IMPROVEMENTS IS. 5,600 GAU ONS .PER MIR\,!TE. I i" ® ..... 11 /1 I I -. ,,. 0 1 ::, ® .5 -·· N 61h SI © • l'.lE.T l!J.., 4th St \ PROPOSED WATER MAIN IMPROVEMENTS FOR BOEING CPA DEVELOPMENT AGREEMENT ...,,,....., ---·----... ---·- ---·----·---'"- I! ,if ,If- ltom 1 2 3 • • • 7 ! • 10 tt 12 ll ,. 1s is 11 Boaln; Ctlmp. Plan Ameindmnr. "!"otal b\ll!do1.11 (OP'Ml 8) 6lomlwater S,,..'"' JmprOV'tl'Mllta S1omi •BOC• eo-o!Clllmplonf (l_.A .. l ......... ROWoo,lm...-.,10%,..d- ' Asscmsd cos1alnducle ll0ffl1illlnv,-.dosign ..... -.. ..-. --.. '*"· ""'-""'""'·" •MSu1fta"" crolHldlOna gn all ICl'HII Tott! ROI\' ~·.!!m..!." 1.w. 1,'!~ , 'i' 1' , 1i6,00G 07 2110 -,.,-- ..., .7.t! ~ . ., iiii 70, water g:, Q111tity ( 2 I mo t i I l ! i I 'I' i ,1,<C&Q,bixi" C05l wJ Colt wJout Dl1m11h1r (J, ) =-to111eon ""~ (SIii) ,a 110 1M 11 215 190 .. :00 220 30 400 3U 3'I • 550 510 .. 700 0$$ T ... I eo,,...,, Exhibit 7e Botolng C<tmp Plan Amitndillent Ph111• u S!onnw111,r S,a*'1 1~0Yltn'lent$. Opt;on e llem -.-.-Ji I .. -; "i 7 ...... lmpto1tM11111t1 12· , ..... 1$. 1j·.....,... 11· , 1 i.:iatera 'o!i[ l l JJl![ , ..... Water au&~ F -'-1 Exhibit 78 " "Ii• d' . .--rr.-.. N •• i~ -:a ·-~ X w • I p-::7 ',,, ./ I .' 2.~ll'OF12' ~I/ ' ,@ $~50 P;R OT I 1, 5-200' STUBS =--i \ TOT~L ~125,000 I FROM LOGAN \ I / ... TO THE WEST \ · / 4(/~ AT$20000EAOi I \ ,' .7 TOTAL'• $100,000 l \ i / ~, I //""'' \/' / .. / / kfli/- 19> k I i / /. / ' l,R.,, p • 1; . / li.1N . r: r ; 3, 100 11' OF 12' @ $250 PfR FOOT TOTAL = $250,000 i"-.._ EXISTING KING CO, , ;.._, EASTSIDE INTERCEPTOR ' 4. 1200 LF OF 12" I' .@ $250 PER FOOT TOTAL= $300,000 ; !r""' li ' • "' ... TOTAL COST "' ' -\, WEST STUBS • 100,000 . ' 2, LOGAN/PARK CONNECfOR • 125,000 3, N, !(1Ttt ·.LOGAfi 10 PAR!< • 250,000 4, N. 81H • LOGAN TO PARK • 300,000 5, GARDEN RfPLACeMENT • 390.000 " ., • $1,165,000 • OR $1.2 MIWON PROPOSED BOEING CPA DEVELOPMENT AGREEMENT SEWER EXTENSIONS EXHIBIT 8 * ·r ,II' I It I I I ,; I I I! I I I ® 7 _7_ I f ' ,. \ \. \', . i ' . r.· I "'LT". -I #ISllll*l ..... ~•--.,,ci,-•....-••-,..._.~o111,11A11,_ . : . . ' '-~\ ·, ' • ',' ·, . ,. ' ' . c:::=::J =:=-.. 111 -==::," © -- t -©---- PROPOSED ARTERIAL RIGHTS OF WAY TO SUPPORT DISTRICT 1 EXHIBIT 10 TYPICAL SECTION 1: PARK AVENUE NORTH FROM PROPOSED LOGAN AVENUE TO NORTH 8TH STREET 4 LANES OF TRAFFIC WITH A MEDIAN/TURNING LANE ~----------~.=..Dl.~y------------~ ,_ _____ ,_, i:m--lllOIO'Av-------< ....... ,,.....,.1111 ·- EXHIBIT 10A @ nm () I rr:::rr -~ I ~Jt:ptj Jl I • 1 • ~ ---4-" ..L..,,u· ,r \ \ =ICI UflE 1:t' W:::"~ WI( ~ _,,, . -·-·--tile, ., ... _ '11~•:mt o r 1a· I 1 SCALE· 1"-18' 32' ! PARTIAL BUILDOUT {SAME AS FULL BUILDOUT) ~ SECTIONS ARE ORA VIN IN A,:;cQ'lOA/',CE wm; 1IE KING COUfTY ROAD STNOAFlDS AN) 7rE CITY OF llfENTa/ STREET $TAHJARDs. AU. ROADWAY SECTIONS AFIE ILLUSTP.A TM:: k ff COnsu/til>J En(J!rews DI Slews! S""91; SU/ls 000 Sesttl"' ~ta, 98rll <2061 382-0603 Fa>< /206) 382-0500 K) N:lVeMlER 2003 TYPICAL SECTION 2: PARK AVENUE SOUTH FROM NORTH 8TH STREET TO NORTH 8TH STREET 4 LANES OF TRAFFIC WITH A MEDIAN/TURNING LANE EXHIBIT 10B ,---------------.~r: ;..~,..---------------, Q ,-----------~·= I M--· ....... .,._ -=~ :..u~ .,,... 111 • IIDdO,' ... -l!E I ,r _, --.. J_ .. ----1 I I ~ V ~,'I 1 1IIO'.S •1t1 GMIU 1'1 •--s·a-::::-,e. _________ _ ' MDf1 OF -" IIDf 1 Y1V1llll ! ~· 1_6' SCALE 1•.15• /DIE! 3_2' PARTIAL BUILDOUT (SAME AS FULL BUILOOUT) SECTJC»e ARE DRAWN IN ,1CC()R[),IIGE Wffii T/E Kfl/3 <XXNrY ~ STN\IJAR:18 NCJ TIE C/7Y OF F£11TCX>1 srner sr,11,DAfVS. ALL RO,\OW,1 Y SECT/a/8 ARE 11.l.lJSTR,\ Tl\£ ----· CCnlufllflg ~ 10! 8feWlrt Slrest SUiia 800 SS&llte. Wlls/!q1tOn 98101 (206) 38:?-0600 Fax <1'(16) 382-0500 0 J\01/BEER /2003 TYPICAL SECTION 3: LOGAN AVENUE NORTH 2 LANES OF TRAFFIC WITH A TURNING LANE . .. ,,'t" .~, ,l . ,l .. ~-"'· ft;· ,. ~~!· l. -~ ,<..(;: ~ • .;: ' -. ~-:-d :."~-:.: -1 .. . 'I EXHIBIT 10C -.'' I t= f -~ I ·-•--""!...-..:..~'----=---~-=·-~-~:....~=--.-~ft' I ---==--. -"~ F'S' I -a, TD.:=" --..... , ~ PARTIAL BUILDOUT TO SUPPORT SUBDISTRICT 1A 0 f 16' 32' I I 1 SCAl.£ 1 "• 1 e;• fJ!JIE! SECTIONS ARE m>.1'11'1 IN ACCORDANCE Wl1H Jr£ KINl3 COI.NT'Y ROAQ STNOAFlOO NO 7r£ CITY OF FENTON STF£1:r STAICJAFDS. ALL ~WAY SECTIONS NE l!.U.$TRATIVE ---· Coosul~lll Eng.-s 101 St,,_t Sllwlot Su/le 800 S.0111& w.,,,,r,IQ(O'> 98IOI /206) 3&'-0600 Fa>< '206) 382-0SOO I() 11,0\ISl,SfR 2003 TYPICAL SECTION 5: NORTH 8TH STREET 2 LANES OF TRAFFIC WITH A MEDIAN/TURNING LANE Y ,. r 32' I SCALE 1"•18' tJQll;: ~ .. , .. ~ . }' -t ~ "i:'>k -:::!I ....... ·,, Ii ) ' -(} ~ , --~~~= I e== ~ .&;:;.. ---·-• I L I~· I-~ .... ~,. '= u., -~~~ . 4~.::.:n-~----1---------------· '*"· ... ,,. _______ _ PARTIAL BUILOOUT TO SUPPORT SUBDISTRICT 18 st:c'TICN3 ARE ORAv.N rN AOCOFCNlai. WITH r,-,; KN3 OOHTY ROAC' STAIIOAROS AJ.;:J 1t-E CfTY CF F'BITON STREET STNOARI:JS. AU ROADWAY SEC1/0IIS AFE ILLLSTRATJ\IE EXHIBIT 10D .... O<mlll'lg ""'1£--.. IOI Blewwt SITeeL &.;111 800 Sealtla ~ 981:11 <206/ 382-QiOO Fa. Cl!l)6) 382-o.500 10 NOVEM3ER axJ3 TYPICAL SECTION 7: NORTH 10TH STREET 2 LANES OF TRAFFIC WITH A MEDIAN/TURNING LANE . ,J t-,, '~~i7'fl,!' -~'· •L ,., 't.:t-~, ';.~- : i :1 .... --1 i-r-:::-~-=-.:::=-z:: EXHIBIT 10E Uilllt 1ARt ssj 1'Ctl ... ot"i1P ~ ~ L -•:kc I ,.::; J.U • Ntullt: ,.,....,. ~ .,,, • ~ W'ffllUe1IOII I 10..,._.';ll:fll!Cl:I -~~UI _____________ ,,. ....... , PARTIAL BUILDOUT TO SUPPORT SUBDISTRICT 1A ~ , ... /{ 32' ! SCALE 1"•16' /:Ct[6,! SEOT1CNS IJ"E ORAWH tN ACCOROAIICc WITH 1>£ lffiG COi.MY ROAD STAM:IARDS Al-0 1H: CITY OF REHTCl'I STREET STAIIOAAOS ALL ~WAY SECTIONS IP£ ll.LIBTRAT1VE COrlslitlnQ e;,g,,_s C S1ewwr 8a'eet Sl.119 800 Seam~ WBsnt,gCo, 98IOI l206J 382-0600 Fex f206I 382-0500 10 M:WEM3ER 2003 .. When Recorded Return To; Gerhld Brc;sslour 'office of tlie:,General Counsel The Boeing Company , P.o: Box 3707, MC q-08 Se.attle{W .cihiiigton 98124 /1\ 01111111111111 < 0041119001959 .. ,·.BOEiNG'.· eov 2a.00 :· .i PRGE00t· OF 010 . i tl/19/.2004 IS: IS / KING ,COUN;Y;····lol~. DOC~ TITLE: Declaration of C6ven,antii,J:;9nditioiis, !JI1d Restric~ns REFERENCENUMBERS OF RELATED DOCUMENTS: . ' ·.· .... GRANTORJB6R,ROWER: TheBoeingCompmiy;·'i:>e~lat,mt '". · .. > GRANTEE/ASSIONEE/BENEFICIARY: .. · . . ' LEGAL DESCRIP,TION: Portions of the NW 1A ot'Sectiqn 8;'T2.;{N, ~EfWillamette / / : ,· Meridian, and as set out in Exhibit A, *ached at pitge'S c · ASSESSO~S PARCEL NO(S). 0823059011, 0823059221, 0823059220, 0823059222 DECLiRATION OF COVENANTS, CONDITIONS/AND . .. . ,,,,IIBSJ'R.ICTIONS Tms bEcI:::AR'AT~N o~ ·. cbv.e:NANTS, coNDITioNs, AND RESTRICTIONS (hereinaJter ~foi:red to as the "Decli!ration") is made, granted, declared, established and reserved this 3 day i:jf November; 20Q4. , '. .a· ,-.. .. . . The Boeing Company, a I)elaware:' corporation· (hereinafter referred to as "Declarant") is the owner of certain··real property Jegally descrllied on Exhibit A (the "Property") attached hereto and made a'pllrt(h.erc::bf,:and·· · The Declarant wishes to provide certaift.. ll.s§urariceij' ·to .the ,City of R.el)ton, a municipality of the State of Washington, that certain steps will 1:>e tak~ by .,t:he Dedaflll!t and its successors in title with respect to the treatment ofsurface:i wate{on the/PropJrty. . .. NOW, THEREFORE, in consideration of the benefits t~ blderived h~;~'rici~r •. the , Declarant hereby makes, grants, declares and establishes this Declaration: 1 .. I. DEFINITIONS. a. . . . Storm Water Code Modification Approval. The term "Storm .··Water:Cod.&:Modification Approval" means the modifications and conditions set out by · the City of Renton in a letter from Gregg Zimmerman, P.E., Administrator of the . Planning/Bt11ldingfPu_l>lic Works Department to the attention of Mr. L. M. Babich Ill of · thl'i Declar;mt(dated April 27,.,2000, and titled "Boeing Parking Lot 3B Storm Water i ¢ode Modificati_911 t,.pproval.;{LUA/.l9-155, SA-H, ECF)", a copy of which is attached hereto a{Ekhibit BO · · · b. ., /Facilities • ./ )i'h~ tr;ittri '.'~aWities" means the oil/water separators installed on~e Pr~pertyi,ur~anHo the ~to11h'!Water Code Modification. 2. TERJ\1:; The restri~tions decl~. res~~~. &f:ant6ii and btablished hereby shall be perpetual and continue in forte Jintik such time ._ai ti)e ov.,net of the Property applies for and receives a permit to construct al)uilding on,fue Propi\rty; at,which time the conditions, restrictio~, or mitigations imposed in: connecti.011,.with t~ is$uance'iif-suph permit.shall supersede thi~ . Declaration and this Decll)fation shall theteupo\1 .b~. b&;ome Avitp.out furtherdfect. This Declaration may be termin;i.ted-·Or modlfie<l..o.ll!Y w:ith the qons¢'nt of the owner .of the 00Property and the City of Renton, PtO'/IDED thai'the <fi.ty/of Renton has agree,i in the Storm Water Code Modification thal~rtaij\ requi~ments sei 011f herein m!!'Y be iriodifted as set out in the Storm water Code Modificii,ition; . . .. .. . 3. PORPOSE .. . '·Tbis Del;laratjon is made in order to provide assuranc;;;otb the City of Reriton .. Jhat the .. obligatiohs _Pf"th~ Declarant set out in the Storm Water Code Modification \Viii be t)indii;igU:pon thesµccessors to theDeclarant in title to the Property. . ·. ... .. . 4. COVENA,NTS, CCiNDi6~NS,AND lIBSTRICTIONS .. ,, ,, ... ,, •' ,. a. Covenant to In§talland Maintain tbe Facilities. Subject to the terms and conditions of the Storm :\Yater .,.Code fy[odification/ ilit?· ])eclarant shall install the Facilities as provided in the'St6rm-Wat¢r Qod~•Modification:. and shall maintain the Facilities as provided in the Storm Water Codi! Modifica(io11. . b. Covenant to Provide M~~thly Regenerativt Sweeping of the Property. Subject to the terms and conditions of the Storin .water Code Modification; 'tb:e>Qeclarant shall provide regenerative sweeping of the p~Vecl suifac;e or' the Property no less frequently than monthly. ·· .... · 2 5. GENERAL PROVISIONS. a'.' .C' ' :.· .. Runs with Land. The covenants, conditions, and restrictions ,''cp~taiiied herein, shall run with the land described in Ex:hlbit A and shall be as binding \ipowfut:ure 6wners of the Property as and to the same extent they are binding upon the . Deciaraht. · . b: . .. . . Piirtial lhvalidity. If any portion of this Declaration shall become mega:1, JJhlt or :void,for ary# reaso,n/or}ooit.pe held by any court to be so, the remaining portfons hereof sh.di renuiln in fu)l .fQri;e an<;i'ef.fect. . . ,. ' ,,·· ,· . ' ,, ,: .. ··;,,; ;·.-:.:; f C. \. ../· Caption's. <The c~p~ion~/ and section headings are inserted for convenience purposes nnly'and ~hall,·llPt-be''µsect to ex:pand or diminish the provisions hereof. · ·· · ' · ·· ·· d. Law. This bec.Iaratt;11 ;ha!Jpe iiiterpr6teland enforced pursuant to the laws of the State of Washi\igto.ri, without r!lf'er<!11ceto ~ts '°J;ioice of law rules. e. ,·•,. Severability. ·• tfi<llly terin qr pr~~ision of.tliis"Declaration•pr the application thereof to any person or circll:rnstanc~s shall to any e"t~nt be inv;didiarrd unenfoiceable, tte remainder of this Declari).ti()n··or/theiapplicllt1on'of i;uch tei:in or provision tQ persons or circumstances other ihan t:hosi af to w_hich i{is/invaiid or unentorceii.ble, shall not be affected thereby, and each term "'an/i provision/of this DeClaratiOn s.hall ~e valid and shall be enforced to the eX:tent perririt~d b;v' law. ..· { .. · .··· <;onsmiction. effectuate its ptirp'oses. . . This Declaration shall be liberally 'c.9.nstrtied, in order to •' . .-··· ·, · ..... JN WITNESS WHERF.OF,the parties have duly executed this Declaration as of the day and year first }lereinabove set forth. . ·, .... · ·: ' . THE BOEING COMP ANY . ~ .. w.-,::;.__.-•• ---')- .. Aulhsi/Hd Slgnatoty ,.,·.,., --·· .. 3 STATE OF WASHINGTON ) COUNTY OF KING ; ss. . •: I certify that I know or have satisfactory evidence that the person appiiarin.g before.me._and making this acknowledgment is the person whose true signature • appearfonthis"ciocumo11t. .. . .. --·· i/ ) '/ Ori ~;;is fl~{~ of· -•"1r,,r£1b1::C 2004 before me app¢~ed CJl1A;&; M .::W-, %(\1,\t ?t"o me)cnpwn to be the &lll!lJ:,lz.&di...<:,ll~~~:i.l~ of the 6orporatioir'thafexecutec:I t~{~it!iin,•aiil f9regoing instrument, and ac wledged the said instJ;Ument _to' be ihe freei,md vdl11ntilcy,:act and deed of said corporation, for the uses and purposes·· the;-~in .fuentj6neq, Ji:iii q~ oath stated that he was authorized to execute said instrum~t and th;it thtr'se,,f aft\xed, if any, is the corporate seal of said corporation. 4 EXHIBIT A LEGAL DESCRIPTION /fh:1t po~ion 6f theN9rthwest Quarter of Section 8, Township 23 North, Range 5 East, W:M., .. described as follows: .. . •' :· .. ·:''·':':-:: ./ · Con;fuencirig arihe:tnogurnent in{ca'se J11ar)$g the intersection of Park Avenue North (als6 kllo;yn ai Seci'ind\frfState &!~way N1'i'. 21\) and North 8th Street; thence North 00'56'42" East/afongthe,monu¢eh~d centerfin~ of Park Avenue North, 30.02 feet to the intersecii9n of tjli sotith Ifoe <if.said n.~r\~Wl:iit quarter; thence South 89'28'22" East, along said south·liiie, 56.88feet, to thfit/'U\!:point of beginning; ,· .,· Thence, continuing o~ said sou.th li1,1e, S6uth·8f28;-22'\East, 74(53 feet, to the westerly margin of Garden Ave. Nort11being 6Cl':00 fei;t in wigth; thence·; ~cing said westerly margin the following coursesiNqrth 00'29'31" fy(st/753/38 feet;. Thence Oil a curve to the left, said c:riii ~aving~.~a.di~ :f ~50.60Je~1; 'th(9ugh an/. included angle of 18'30'00", an arc distance .. of 274)1:5 fei:t; : \ ... ··· . . \ / Thence North 18;00'30" West, 1249.86 feet, toth~ in\.frsectiolofth~-~ii:id Wes~rly margin of.G.rtden ,A.ve. North and the easterly marginof.d1e ientonijorth:Int¢rchange of SRe405 ~ sh\jwn dn sheet 2 of 5 of plans thereof as approvedAptiJ27, I96;i''. Them;tNorth 41/lT·!O"··west, along said easterly margin, 42.25 fek ... / ' .. ,• ,• _, ,• Thence South8t'05'.Jo''::Wc;st, 29.05 feet, to the a 12' strip of land declica1.€d as right of wayin.Qee<f filed ui\deJ;Orec6rdingmunber 8811150482 Records of King County; ,. i .. ,· ,• Thence South 43'41''.i;" We;t, 136.87 feet;:··· . -~ •' ~ ;:_ •' .. Thence on a curve fo·the left, said curve h,aving a r:iidi\IS of 515.62 feet, through an included angle of 33'20'33'.', aii·att: <list!,lrice.of 3()0.0$ feet; . ; . •. . . . . Thence North 79'32' 58" We;t,·12'.00 feet; Thence along a non-tangent curve to the lef(curye the r,ltlial i:ente~ of which bears South 79'32'58" East, 527.62 feet, through an inclui:J.1,d <\l'lgle,of 9'.30':Zci'·an ate dis_tl).nce of 87 .53 feet; ·· · · · · .-··· . .. ,· _. .. Thence North 89'03'18" West, 5.0 feet, to the easterly ni'gill of~ru:k,A.veljti~)qorth p~i an unrecorded survey relating to improvements made to Paik Avenµe North;by th!i. C:City / of Renton, during construction of Park Avenue North irnproveni:enfs EDA P~ojecf07-0 \.,. 03375; . . .• .. ·. · .. ( continued on next sheet) 5 Thence South 00°56'42" West, 720.24 feet; The11ce South 01 °14'57" East, 52.24 feet; :fhin6e-South 00°56' 42" West, 2.00 feet; ,iThen~·S~utp. 09°35'51" West, 23.26 feet; ·· 1henceSouth 04°18'23" East, 16.39 feet; ,•Thehce :South O'.fOTS8" West, 144. 71 feet; . ThenceSotilli{iO"Ol' 16'' West,_310,15 feet; '.1,'hencf South 43:58'. 40'',East/21.07/feet to the true point of beginning. Situateiri the s{ate•hn¥~hingto~ J::11&~ty ~f{(jng, City of Renton. . . ~ Containing'.,22.16(j.acres, 96s'.ssisq. ft:) . .': 6 EXHIBITB TRUE COPY OF STORM WATER CODE MODJFICATION 7 ... ~.·.·.~ .... ·· ···~ ;; ):e T~er. ~~¥or .. ApriI21,2000 Mf;L. M. Babich nf . Environmental Affairs M~ager The Boelng(;ompany. ·· . P.O. Box-3707/MS:"63-41.· Seattle, WA 98124-2207/ CITY OF RENTON Planning/Building/Public Works Department Gregg Zimmerman P.E., Admlnistntor · SUBJECT:·· ~:C,~!i,~_:;f~~:i:.t~O~WA,T~CODi,MoDJ:FICATION • . ._;; .. ., ,. . ...... ,,., Dear Mr. Babich: The City .,;R,~\on approve; the Boeing Parking\<;>t 3B *'l'DJ ·~at¢{ cod: 0 i!1'6difi,atii\n reqb.~tlith · condltjt>ns. We fi,jd that the proposed code modificallion-lheeis the•decjsfon"~riterfa foi'Modifi\itions requirfd by•(::ity Code (RMC 4-9-25P{d)) .. '.fhe i:ode modifi<;~tioii re~uestjs to provide storm' water ireaJinent !hrotlgli the.use .of monthly parking lot sweeping utilizmg special str~et sweep<i eq_µipmen:; more frequent $(ill'lll system m.liintenanoelinspection;,aitd the use·ofcollf~ingJ;late oi!lwaler ~'parators: Tile apptoval \'.if;the code modification. .is-based-UJ1/ill:tl).e-,jnformatio.n SUbmi)!,<;cifY, !¥ I3oeii1gJ::ompany on Jan\i&<Y27.; 200o; and_p["".lint.ed by.the :!3oeini{Comj,anyca\ our April 24; 200Q; mie*\g; }' , .. ·• · . :· · Th~-~-rii~\i\ciiti~~:as leieifuined ;;,;;;~~:i:ai,;~~n criteria since tile ;~pok1 ~;;. to provide · "89%.Total Suspended Sj)Iids (TS~) reinoval. -cTlii;:propos)ll'is to provide stonn water treafinent for 19.45 acres ofihe site, whichJs a1i ~ that ii.approximately· 150% larger than lhe area required to be treated acc~rdjngto the p,:ovjsion;'bfihi,·<;,ity'fc~nt code .. In _approving the code modification; the city also recognizes that 11,e B'o~~ Co\nlt"-llY;·has:dedi~ated res~urces to ensure !,hat the increased maintenance . and inspection wil,l be j,erfo~iir<mtiir¢ bfihe)3oeing R~nton Plant's National Pollution Discharge . Elimination Sysielfi (NPDES} phmit/ ' . The Code ~odit;c~ti:~ ~~~ls .J,<>~~ci\,;,1/lhi\ttitl6~ii\~:;26:nditl6ns, · . . •·· . ' ··.. .-, ' . •', 1. · A minimUJil of 19:45 acres i,fJhe Boe~g Parkirig L,>t 3B.~hall ~q;iye. stonn w~ter treatment. The . storm water treatment shall be achieved by.tlie fyllowlng methiids: ,/ . :, '. 2. Parking Lot Sweeping: Parking lot sweepu.,g shall be perfoimed fu~~hly thr~ugh the use of an Elgin Regenerative Sweeper or Schwarze EV Sweeper' only: Should the .Boeing .. Compiiny wish to use a different model of sweeper in the coming years;-us,e"of,the new s.veep<>r sh~ll be·subjeeH<:> written · approval of the City of Renton. · · · · · 3. Catch Easi~ Maintenance and Inspectioni All catch basins in t1if19,4i ·e's is:eingE~kini'Loi .. .' 3B'shall be inspected annually: · When catch basin ·sumps have become 30% lilied (depth 9l'~edifuerit , .equal to 0.3 times the distanc~ between the bqttom of the catch basin and·-t,he iiiv~rt of."ihe catch ,iiasin) . --·,, .... ·' : .... :.:,•:-, ·.'-' .. 1055 South Grady Way -Renton, Washington 98055 . . ... Mr. Babich, Parking Lot 3B Storm Water System :A!iril. 21, 2000 - _,, Pagel,, _':"with-accuinulzted"Iediment, the catch basin sumps shall be cleaned out througli the use of a Vactor truck or oilier acceptable s!orD)-·Sys{e"\ cleaning methods. Standard WSDOT Type I and Type lI catch basins sha)H1.c used in,~~ constl')lction of the parking lot storm system. .. ,• ,•' ' ·. .. .. ; 4. Co$scingPiate ®/W:atet Separa~rs: !i'min~ of three (3) :oalcscing plate oil/water separators '·slian be'installed,tQ treat l!1A5 acref(ri'the Boi;,i,rlg l'iirkjng Lot 3B as proposed. . ' ,, -~ ~. .', •' :: . ;. .... ·.,. ~-. S. The coalo~ing Ptt;ie··oil/:Water,~eparators shaJ.l l/•_ dej!lgned to treat the runoff from the water quality storms for basins·!!, 12 and J-3 equal to l.20,'cfs, LQl cfs and 1.48 cfs, respectively as proposed. . ." .. -.~-. ' 6. 1'1;e coalescing plate ~illryf.r separato/" s¥Jl b•{Fac.¢,~ai;;ilal, ~tL; !vfpaks Co~escing Plate Oil/Waler.-Separators.ofequ_al-and,sha)! b•·_l!lzed_,.!>asod-upon tli~_ass,µnpt1onJhat a,maxunwn of:66% of the washed off sediment wil\ be r"!"ov~ via tli~ 'separa/9rs. ·· · . .. -· •' •' ,· •', 7. The coalescing plate oil/water ~~p~tq~ sha-J'I b~ insp~cted1i1~tb)t o/Jinmediately following any . larg~ spiII on the site. -. .A~~a, ift ~ • ..;~. · . · ~ ., ' · ~ _:·' :: 8. · The coafescing plate o!l/wai~~~iis )Ji be ~~ed (cleanedJ'q\','lrterly (every ithr¢~ . months) orwheiieveron~ef • ftl1!oivi~~Jifi"-.~·whiQiroc:11r5,fu:st, ·· ,-'. ' -"-r· .. ,Jo . If there is:, 1) Otie (I);,; ~-free iloatlng oi!; or j~\ ' •.f'. ' ' >· . 2) Slx:{6) in. es f<S1uilge,in !$Jlo~the s patator; ,f , i :i ~) Sludgei!]ith .. at{pac!if.4 '' 'iJ-·J · ·\ · '.J _ .•. -.-·-/ / __ -.:-· . · re_._ ·u), tt;•·?f the ms_·_l'':Cti_._-0-Ill-_ e~lil_·_,6 Jm_ .en·!· JD_ Cate-h. _ ?' : lni~itleJ>!bs Of Di! and~ t!udge In the ,~oalescmg pjiite.-:011¥er-_.. arjtt d no_te whe~ m~fe~(s, epmg and cl_e""':'g) has been perfq~_e,L ,. The r"~ort , . a.R:ffuc ."'_>ll_QC!J!llSJ.,~tlon ttro\ iili . endors _(sweeper; vactor truck op~ors) conlJ'aete~ 19 p~rfo~ sw eptng ~ale . · catch basms and coalescing plate oil/w~tersepan,tors.-.S\ich f""~ 'g_n ~aH~,o~ _ dor'• letterhe~d and shall briefly descnbe the war.I\ performeii; 1:)ie eq0PJneJJ.:"~,!J.J!;9i-the· ates of work. . l 0. City fuspection: The ct( ii autii~rized to ;n,¢~ the iioefug .Pru-king J;.ot 3B site at any time and inspect !lie facilities to verify th"Se 'oonll/tions life being ·~tisfied. > :-. I ).·Penalty: If the Boeing' Compari)i<!~9RStra!e• a persi~ent or fejioated,fuilw:e to comply with these conditions of the code modificati,;>n; the City-of Re,Bt9n m;y requirdhe Boel!,g _C::ompany to install additional storm water quality treatment faci!,ities as requir¢d h,Y Citt eo~e in tlie'B<ieing Parking Lot 3B site. -" · · · 12. Restrictive Covenant: A restrictrve covenant sha!I-:6erecqtded_•,airit'tlie B~ing P~,kibg°'Tut-JB property that lists the above conditions as restrictions agaihst the property;· The res/ti.ciive coven~t shall also provide that in lieu of performing the above conditions,,anyf1tur~··owµer· of !!\(Boeing Parking Lot 3B site may modify the site storm system as outlined in -j~Jl 11.abov,e, _.---· · i Mr"Babich, Parking Lot 3B Stonn Water System . AprlI27,2000 · .. Page:i·· · Please notify, fu~ if you ·.·cl,isaiee . with.·~ conditions associated with the requested storm water code ,,modification,:for tlwBoeing ~iig Lot_3B. We will proceed with completing the project construction pla1{ reviev,··· andJssul!iice iif the conspiietion .. permjt if the code modification conditions are acceptable. TIie co~strjictioii permit w!JH11clude i.jl~yjsion re~jlg the restrictive covenant to be recorded prior to conipletipn of cbM!fucti9Jl. "j1iank ~/ ' . Sincerely, . ~1er1 j,11t~~/f(C(h Gregg . .ZimmfflOan, P .E., Admm1~t0,-:,· PlanninwJluildinglPublic Works · :,~·; .. ··· When Recorded Return To: · Getald.Bresslour Offite ~f the General Counsel .The.Boeing(:pmpany /p .6. Box 3707; MC 13-08 · Seattie, Washihgtpn 98124 .. . .. ' ,·· ,• DOCUMENTTITLE:Dedaraifon of Coveitants;C':onditions, Easements and Restrictions REFERENCE NtThffiERS qF RELATflP l)OQUMENTS: GRANTORJBORROW:ER:/ TheBoqng fompanr" . GRANTEE/ASSIGNEE/BENEFICIARY: NIA ,. .. .. LEGAL DESCRIPTION: (BunJ.tnedProperty)Lgts 1-4, Boeirig.Lakeshore Landing, BSP 200412i30Q0856, aw1IJ6re fol1y4.es¢ribe'd in Exhibit A beginning on page 12 of this Declli.atjon ' i .. 'i i. i A legal deicri~tionof.the benefit~d pr<>p;rty~gins OlJ/pa,ge 13 of . .. this Declaration ·· ,. ·, . · .,· · , , \ . ·· , ·· ASSESSOR'S PARCEL NO(S). 082305-9220~05,.082305-922l,04i 08+$05-90ll-08; 082305- 9222-03; 082305-9079-07; 082305-9204-05; 082305-9037,08;c(l82305-915Z,:()7; . EXG1si TAXNO'f REQUIRED / Kin~R~D~s .. ion lJf ..t...,;. ~ , Deputy .,· :: ,,······:._ ··. Renton Lakeshore Landing CCRs (Closing) 20041226 1ST AM-S .. . . Pa~~ 1 ()I 15,/ DEC:LARATION OF COVENANTS, CONDITIONS, EASEMENTS, AND . .. -· RESTRICTIONS i i TlllS /DBCLAE.ATION OF COVENANTS, CONDffiONS, EASEMENTS, AND ' RESTRICTIONS (hereiliafter referre~ to as the "Declaration") is made, granted, declared, :, estttbli~hed and reserved this.28th d!',yiofDecember, 2004. •', .. ,• . . .. •. . . ' •\' ... , .. , .. \,WHEREAS/The B.(ieing Gomp~y, {Pe!!lware corporation (hereinafter referred to as "Declarant"}js the· ow~r of ceitaiir'real pfyperh !~gaily described on Exhibit A attached hereto and made a piir! he~_of (tire "P,operly"); and_.·• · ·· ···,.,_,,.: •' ·' ,: .. WHEREAS, thf .Detlaran{ alsb~wns/suqstaotjal prope~y in the general area of the Property, described in Exhibit R.(the {Rethlnedfroperty''), whicli is pffected by operations at the Property; and ·· .· · · · · · ' WHEREAS, the Declar~nt ~isq¢~ t6 iri:ure tliiU ihe 6se .oft.he Property does not adversely l\ffecl the use of the Retained Property and permits thi owner ofthe Reta4ied,.Property to use anq,enjoythe Retained Property. . . . ·· . · NOV{;T~REFORE, in consideratio~· of thf(beriefjt; t9 . .be detjieg'hereunder, the Declat,int hlreby mli/(es, grants, declares and establishes this ~clar~tj.oh: 1. ,Df:EiNITIONS AND PURPOSE. ~>-· / Prtiject As used herein, the term "Project" shall mean the ,gtvelopment of the Property; the ~efafne(Property or any part thereof, the redevelopment of the Property, tbe .. R6tai(led,-Prnperty,; or·iiiiY-part thereof, or the use of the Property, the Retained Property,{lr an~ part thereof. b. Intenticm;l)l"y ()mitt~ .. •. c. Road and Sireet T>esignations: D:~igiii,J~ons of roads and streets in this Declaration sball be cfue,med to apply to !lie streets ieJeged to herein as designated and laid out on the date here'/jf;'provided jhatthisDeclaration· Sball continue to apply to said streets and roads if called by a differeht'~alll~ a.t any fone irj . .the.Juture and/or if aligned differently in the future from thefral_igf!fnenfoil.theCdate.hereof. d. Improvements shall mean and,.tef~r.i~ al1 s\!'hctures/ imprqvements, equipment, fixtures, objects used for decorative or incidentatpurp6se5; and cqii~ti:uctic,n of'any kind on any Lot whether above or below the land surfaci!, whe\her :p_ei:matieJ]f or teri:iporary, including without limitation, Buildings, utility line·s; drfvc\Vay, pave()' paiking areas; pathways, fences, screening walls, retaining walls, plantings; planii:d .tr~~·· ahd shrubs, \ ·•. ·., ... ·.. .: _,. ... ,, :. Renton Lakeshore Landing CCRs (Closing) 20041226 Page 2 of 15 2. irrigation and drainage pipes and fixtures, catch basins or other devices for the collection •.. and/or detention of stonnwater runoff, lighting fixtures and signs. e> · · · . Occupant shall mean and refer to, collectively, the Owner and any other Person or . persons entitled, by ownership, leasehold interest or other legal relationship, to the right to ' oc;cupyan o.r.<1ny portion of the Property. . ,• ,. ·.·. { ,· . Owner shall m.eiµ(~d ·lifer to the Person or Persons holding record fee title to the . Pro~ (iriclurling, i!S. ;;ppl~cable, Pec/arant, but excluding any Person holding such interest / merely mi s¢urity <for the",:.p¢"ormaijce,.pf an obligation), and their respective heirs, . •succ(lssoi'$,and a§tigns. . ././ ,,. ,,../ /' ? g. 'Person'~hal{mefui ~d refed~ ~~individual, partnership, corporation, trust, estate or other legal entity. · · · · ·. -' · h. Lot shall II1efu1 and refer tq fuiyJegal lot intri which tpe,'Property or any part of it has on the date hereof or shall hereafter be divided: .. .., . -· .. . ., ·' ; TERM. , , th\; restrictions declared, reser~C9, grapte<i 0lillcl ~st~;iisl\~,he&by}hal/continue in full force and effe.ct for as long as any portion oft!i'e RetaineqJ'>roperiyis own~ct. otcupied, or used by' (a) .The Boeing Company, or (b) any dired·or/im:lirect"supsid\ary/of/i'he Boeing Company, ot (c):any);orporation, business, or other entity that is cdntrtilled:byor urider common control with The Boeing Company or (d) any corporate, busin~ ... 01;,othtr entity that supplies Th'<,'Boeiiig c;6mpany gc~ny entity identified in clause (b) or (c) \yith goodi or services in support J:>f the avjli'tion indus\ry, including the business of designing,· produqfog, maintaining, repairing, 'dr modifying aircraft or spacecraft. This Declaration may be tenni:nated or modified only v.,ith the cdnsbt cl The B6eingJ;;9mpany or the parties referred to in clauses (b), (c), or (d) if they are·tlre OW~er 91" O~Up[tll! df the R:e)ained Property. 3. COVENANTs'.' coNbino:NS,AND RESTRICTIONS The Declarant hereby covenants '{h.iil:. the fy)perty Wilf be used by Dr.clarant and by all of its successors in title to the Property, and by all ciccup:mts'o(the Property in compliance with and subject to the following: ·. ·' · · · · 3.1. Permitted Purposes: Prohibition, f.>f Ceftain Us~s. \The Property shall be used solely for purposes permitted by theDeyelopment Agret:rne1:rrfor Renton Plant Development dated November 24, 2003 (iis'it Jnaybe ainerliled:frmri. tjme'totiJne, the "Development Agreement"), recorded in the r&9rds of King Cou!lty(Washington under recording no. 20031210001637, unless otherwise agr~ed in writi11gby th~j:)ecll(rani: The Declarant may prohibit any other use, even if such use hi permitted und'er,,9r wou.ld b_!{,.· . allowed as a nonconforming use under, the City of Renton 21)J:Jing Code or ia11d.use. regulations as in effect on the date of this Declaration or as they rna,y be.ame,nded a{atiy Renton Lakeshore Landing CCRs (Closing) 20041226 Page 3 of 15 time hereafter, PROVIDED that the Declarant shall not object to any first-class · .. institutional quality mixed use development project comprised of residential, retail, \,ffice, hotel, and/or commercial uses. ,.\Yithou.t limiting the generality of the foregoing, under no circumstances shall the · Prbperty by.used in any way for or in connection with (a) the sale, distribution, or display of pomographic, obscene,.m so~called "adult" literature, periodicals, movies, videos, pict~, phptographs,,!).{the like PROVIDED HOWEVER that nothing herein shall . prghibit users imcli ~'Bordcm; BlµlleS <,\'I: Noble, Blockbuster, or Wal greens who may sell onlistribute orte ore'iriore ohu¢i pro<!ucts .. as an ancillary part of its primary business; (b) the prese"ntagtm pf S07l;J!),led "agul{" tnt~inment (c) the operation of a strip club, gentlelilen's cl_µb, of an/stablishme#t prbvfr!ing entertainment in the form of table or lap dancing'or,{i!) the'sale/distributi91,1;' o/ di~play of drug paraphernalia. The Property shall be kept and mai11tained in !i firsfclass !!)finner, ,,· , . Without li~itingthe gfuentlityb(the f())J'going, thdfc;il1owing uses are expressly prohibited on the Prqfierty: .. ' (1) hi~pitals; . (2) schools, e~~epqbat'p¢~t-se~011d~;'~.oditio;al,fracli'.' .,professional, and technical educational insl!tuti6n~.shal1Jie,allov.:ed, . , . (3) residential uses and pre-secondary schobl day tare facilities are pJ'ohibited entirely on Lot I; residential uses are prq:li.ibjfod:on the ground levd or,.below. ground level on Lots 2, 3, and 4 of the Ptop~rtY PROVIDED TIJA,T development of residential units at grade level will be pe:tmitted if the Q'wrter qsfs'·construction methods that will prevent any indoor air migration of materillls thii.t rn,ay ;idver:sely affect human health (such methods to include, by way of ex~inp]e but not limitation, installation of adequate vapor barrier and passive of acr-fv(i Vel}til!ltion systems). (4) men;~ clubs;/ . .. ·. \ (5) traiierc~urls wit~Ollt~larant's prior written approval; •:; ..• ,,., ..... ,. ,• ,. ,• . . ,. ,, •' (6) distillatio~ofhon~s;i (7) junk or salvage yl\l'ds, or diµ'nping, tjisp9sal,)ncineration or reduction of garbage, sewage offal, dea4 aiyrnal?' orrefu~; · ·' ··. (8) rendering of fat or animiil)i~sue{ (9) stockyard or slaughter of anim~s;/. Renton Lakeshore Landing CCRs (Closing) 20041226 Page 4 of 15 (10) refining of petroleum or its products; (I 1) smelting of ores; (12) raising or boarding of animals, except for animals kept within · a B,uildi!lg and necessary for onsite laboratory or research purposes, except for · retailers such as Pe1sm:art or Petco that may board animals as an ancillary part of c:·the_i,-businesses;/ .-. .-c-(lj}ret'I or ~holesale by any automobile, truck, camper or ni"obi\e h,(jmt, dealei:$llips haying _outside storage and inventory; / •' . ".-, .. ·-.. ;: __ __-. (14) op~i(;F()sS 0 dock truck terminals without Declarant' s prior written approval ; · --· · · ·,· ; _. (15Jan)'oth.er d~e tl)llt is Iiazard6~.to any Lot(s) on the Property or the Retained Propertybr contiguoµ·ii" prt)peitie~•by.reason of fumes, dust, noise, electromagnetic or nuclt\ar radiiitirn}'; thermal""pq1iution, ~qµid or solid waste •. pollution, or particular danger 6f firil.or explo&iOn;o' · .. 3.2, Design Standards. In co~ner.;.tfoh with !he jnitiaLdeY:elopme,rit arid construction of an/Improvements on the Property or thc{co1JStru"ctio11_of anyJnaterial alterations, renovafionsbr ~dditions to any Improvements on the Property, ~r a~y material redey~lopment of the ~ioperty, B(iyer covenants that (i) Buyer shall utilize the seryices·of a <j.lilyiiceorised arc~itectufal fiim el(Perienced in the design of retail shopping centers)indimixed,tise df}velop.tnentS and (ii),tliattht:-exterior elevations and design of all builctirigJmprovements and ei!;teriorsigtiage,Jighting, landscaping and screening will provide for a lev&Lqfmaterials, quality and appearance coinpartible to .~ther high quality retail shopping center/ mixed-use projects, takinginto.actoµfo tbe in¢orp_6rati-0fi'dftenants' or operators' prototypical architectural design features. · · 3.3. Det-Jarant t-6'1:ii[ Hefd Hrii'mless 0fr~rt1 Construction Costs, Mitigation Costs, etc. in Connection with Develoiiment of the Property;'The owner or owners of all or any portion of the Propert'y shall"re]eas<fthe-bwner oiowners of all or any portion of the Retained Property from-.md slJa!l jndemnify anit' h,iid hapJ;1less the owner or owners of all or any portion of the Reta.fried Prpperty from ~!"Id Against any and all construction costs, fees, or charges associated with the developrrienfor rede,veloplfieilt of all or any portion of the Property, whether such oblfgati-Oii takes the form bf CCJJ\Structjon of public or private improvements, the payment of\nitigatjon or impacffees or.the payment of assessments levied by any improvement district fbrm\icl t9fin,lnce,the·constrilc;tion of any such improvements. The owner or owners of it1I or :J"ny portjtm 9f_the ~etlJinei;I Property shall release the owner or owners of all or any portibnofthe Prcipertyfrbm and shali.-· ,,, indemnify and hold harmless the owner or owners of all of anY pi)ltion cirt11e/Property' from and against any and all construction costs, fees, or chatg'es ~ssociate4 With thi .,,_ development or redevelopment of all or any portion of the Retaineg Property, whither- Renton Lakeshore Landing CCRs (Closing) 20041226 Page 5 of 15 ,. ,,·' . . . such obligation takes the form of construction of public or private improvements, the ... payment of mitigation or impact fees or the payment of assessments levied by any ···improvement district formed to finance the construction of any such improvements. ).4. Use of Groundwater. No Owner, occupant, tenant, or other person on the ./ Pi-operiy shalt}Vithdraw or use groundwater on or under the Property for any purpose .· oiher,th;u(environmental Jesting, monitoring or remediation . .:3.5, • ,icov~~int Jof;~··'~bjt'e{to Any Development on or Use of the Retained Property. /. T\ie 9wn#r ofthe Property s!)aJ.!}i'ot obfoc:qo any governmental agency with respect to ilhy '!Exeinpied I)ev~lopq)~ll(' on aH·or ;inyiportion of the Retained Property, except to the extent that.(i) s.rich deve!9pmerit rec!eydopment, proposal, plan or agreement would require 0the.pa:ymeiit b{~aid.owner/i(mi.tigation costs in connection therewith or (2) such development, recievelopmerit, prbposal, plan or agreement would contravene items 3.1 (4) through (15) or (3) such d¢velopm¢nt, redeveiopment, propos_al, plan or agreement provides for low income or sllbsi\lized housing or (4) suchqc;,velopment, redevelopment, proposal, plan or agreerrtenttontraveni the.··Development,:\greement as it may be amended from time to time: "E:icempted D~'velopmeht}mflJins aJ!).'. development or redevelopment on, or proposal, pl~n. 6r agr~J11ent foi any poti:io~· of.ihe Retajileq Property that is owned, occupied, or used by (a)Jhe BodngCllJllpany/or (b} any direct or:)ndire2tsubsidiary of The Boeing Coinpl/;\ly/br{c) ltiiy (.:0f!)Ol111JOn, business/or other "'.ntity that is\:ontrolled by or under common conjol wit~ The_:§(?Cing f:oljipany or (d) any c6rp9rat~, business, or other entity that supplies,Th~·Bo¢ingCompa!ly o{any entity i ide!ltified in ciause (b) or (c) with goods or services in stippdrt of th1iavfatio11 industry, · including the'business of designing, producing, maintainfog;--repaiijng(or rii.odifying aircrafror spact;vraft. ' . ' R.!f~ts regar;Jing.Test Wells; Easement regarding Environm~~ilil Matters. ,,· .-;' -: ·. 3.6. <. "-··· · T}ie ~clefant)hal!.hav; a,nonexclusive easement to enter the Property for the purpose of obtainingC¢adi9gs. froin lll9nitoring wells as shown on the Plan attached hereto and t!)]cing s,afuples_.froni•sueh Well$ and for the maintenance, repair, replacement, renewal, decotmrt1ssi9ning, and c'rosjiig of such. wells. Such easement shall terminate after the Washingtoii· State·Departinen't oCEco!ogy (''DOE") and the United States Environmental Protection Agency .(''USEPA';) iren:tove all requirements for the continuation of such niorutonng'. Upon-' the· reinov.a!' of· all such requirements, the Declarant, at no expense to th~ owii.er·'at the ,time .. Qf th(_.Property, shall close and decommission all such test wellscjn accordilncb with applicable regulations, and upon such wells being so decommissioned,' so9h ¢asemerit shall tefiitinat~: Wqjle the wells are located on the Property, they shall be maiiitaihed,in a,good stitte ofre'pair.anli operation in accordance with applicable legal requirements by the bedaran(at n9., expense.to the Owner of the Property. Upon request by the owneioLihe Properiy, tlfopecli\n1nt Shall provide the logs for such wells at no charge. The ·owii'er 6(the/Ptoperty shaJt(tiol construct any improvements nor allow the construction of any iri!prdv~!)'leiits (othe;r . .(han . parking area curbs and paving and drainage/landscaping berms)':.}Vithin fiye:(5)Jee(of i Renton Lakeshore Landing CCRs (Closing) 20041226 · ·· · · Page 6 of 15 • any of the wells shown on the Plan. The Declarant shall provide the owner of the _Property with copies of all reports provided to the DOE and/or USEPA with respect to Sl,lch wells and monitoring activities and copies of any written communications received l:i°}'tliepeclarant from DOE, USEP A or any other governmental authority over such wells :-(l\S the :case may be, an "Environmental Authority") with respect to such wells or test results/ l(.anBnvironmental Authority orders, or indicates in writing that it may order, iji~ i~taliation bfadditi9_nal··monitoring wells on the Property, the Declarant shall give the o..vner ,.of:_the.:Propeity wjitten notice thereof as soon thereafter as is reasonably . pos~ible. /So _long as'' the ptoposed·IGCations of such additional wells and the manner of . thl:ir:.installl\tion shiill not ilhre.a~onablf interfere with either the business operations on .the Prop~rty" or Jhe pian~g° ile~elopnie!lt of redevelopment of the Property, the owner or ownets.,of the.Prop(\rty_fthalfpot unr,e~cinably withhold consent to the installation of such additional-wells. 'No~ithstiinding:th~ fqregoing, if the owner or owners of the Property reasonably belit;Ves that the lotaiion r>.f such additional wells will interfere with either said owner's bhsiness operations" or( tpe,.-Property, 01/the planned development or redevelopment of the J:)ropefty, ·saicliowner _r~serves th~--:right to contest the particular location of any such wells,.ind-·with tispec-t' to.such contest, the owner or owners of the Property shall hold the Declru'antfr~ an_d harml~s_.witlf resp~~t thereto. Such contest shalt_be conducted by advising the .Decla,t:~t of s,tich objrctions> ,,The D¢Iwant Lots shaH provide such objections to the Epvironrii~taI Allihor:ity !ln4 the, Dec\iirapi and the owner or'oy,ners of the Property shall be,<;!}_Utled,fo piovjde-repn;ientativr,,s \\'.hO shall be preseJl\ when, such objections are discussed witl{the.Environlll,<"ptal 1ut~ority. Upon the -·Installation of such additional wells, the Plan shall.be iunerydedfo indic_ate their locations -by ,;n l'.,linendment to this Declaration that shall be h:ccorded in_/the' Rciords and the e~seml)nt re$Crved to the Declarant pursuant to this paragraphjha}I be" deemed to apply to such additi,6mµ,wells. .-. . Both thf -Declarant !ind the "DOE" may enter the Property:= f 6; the purpose of · =i11yJ:sti'gatfog or remediati_ng'l!ny_hazardous substance or dangerous waste (as such terms ar~ used in appli9ible,:laW) or othei:-substance regulated or governed by any law related to the prote¢(ion 'of thc;.-eri'virqnrt11mt or of human health, which substance is discovered after the date het<l')f t9.6xi~t Oil Or be19.:f t.lte si(rface of the Property, or migrating on or below the surface oflhe Pi'opaj-1:y, as the iesl!l't ofprior operations by Declarant on or in the vicinity of the Property, PROVIDpD that ~y qitmage to improvements on the Property caused by Declarant in. conduttirtg siich investigatioµ i1:nd remediation efforts shall be repaired by Declarant ai'lts sole cos(anclexpen~, artd.PRQVIDED FURTHER that the foregoing does not apply to claims agiilrfst pbE, which claii)ls-the owner of the Property shall pursue against DOE directly-a._ ,·'/ · · ·-·· 4. ENFORCEMENT AND OTHER ~rtEllS. Th~ D<;iclar:ant ~h,art h~\/b the right to enforce this Declaration by obtaining injunctive relief-:and/pr by ot~er lawful means'.-Bpwever, Declarant shall not have any lien rights (other than as a judgmentliencirJn cq~s~uertce ofa suit or action to enforce Declarant's rights hereunder) or security interest~ in"aild __ to ,the Pr!:ipeity: arising from the provisions of this Declaration, or any breach thereof.or 6\herwlse pursu;µit to":. any applicable laws in connection with the enforcement of this Declaratfop. · · · · · Renton Lakeshore Landing CCRs (Closing) 20041226 Page 7 of 15 . 4 . .1 Constructive Notice and Acceptance · :,Every Person who now or hereafter owns or acquires any right, title or interest in or ..-·lo.any portion of the Property is and shall be conclusively deemed to have consented and agreedio e.very i;ovenant, condition, restriction and provision contained in this Declaration, \Yhet~ror not ariy referen.ce·to.tltls Declaration is contained in the instrument by which such l'erson,.,m::quirM anjnteresfin the Property. ·: .:· :' :.' .,· ·: / ' ,, .. ,.,._:. ··•·· 4,2 ··. •' D~Iar~t's Rights Uriderbthe;Documents ' _.. •' ' . ,' ' '• -' ·\ ')/fothirig~eri:in c6~;'~ed sh~! pi~judice or diminish in any way Declarant's rights under ariy otfier documents tµat hi!,ye beeil,or that may be subsequently recorded against all or any portions qf the Propiity. / · · · 4.3 Notices Except as otherwise expi:essiy provilied in th~ Declaration gr required by law, all notieys, consents, requests, demands, aj)pro'vl!l&, authorizatibnfirr1d otlu;r comm.ctnications provi&dfor herein shall be in writing and shall b¢ d¢enled to h<!v.e been :duly ~ven· if and when per~011ally served or seventy-two (72)J}OUts ;ifterbeiogBe~t.l)yUnltedState~ first class II)ail, po.stage prepaid, to the Owner of the Pr\)peJ:t.y l);t the l:'J:c:>perty an\f'to t:tie · Dec!ara~t at Boeing Realty Corporation, 22833 S:°E, Blick )$ugget Rpad; MC 7W-60, Issaquah, WA 98027,Atttention: Vice President Development,_ PhC>rie No. 425-373-7550 . .. ·.· .•• Wirt{ respecttl;> (i) any such notice, consent, request, detiian~. ,appro~al, · auth~rizatiqri' or comnitnication and (ii) any document or instrumentgiyeh or made .. availal)le t,; any-6~erhereunder and which might concern an Occupant of such Owners' · · LQt,.ifshalI be'the sole.tesportsibi!ity of such Owner (but in no event the responsibility of the Declarant} to . .riiak¢. a'c:opy ther6of available in a timely manner to such Occupant. •' '.,.... .:, :.' ·····. 4.4 No "Yil1:V~i"· The failure to enf~r'c"eany prb:isi~n oft~iDec)aration shall not constitute a waiver of the right to thereaftih:,nfon;esu.ch provision oi: tl)e righl(o enforce any other provision hereof. ·•·, .... ··· ( ,· .• ·.· . ' .a' .· .. ··· · ··,. 4.5 Effect of Invalidation Each covenant, condition and res!rictici11 ofthis.,becJara,tion)sJritend~dto be, and shall be construed as, independent and severabie-t'rom each other covenant;condition and restriction. If any covenant, condition or restriction 6Hlµs Declari!tlon i& 'held toibe i~'v~ic! by any court, the invalidity of such covenant, condition or r¢stricti9n shall hQt affect this/ · validity of the remaining covenants, conditions and restrictioiisahereof. ········" •.. ·· · Renton Lakeshore Landing CCRs (Closing) 20041226 Page 8 of 15 5. 4.6 No Discriminatory Restrictions .. No Owner or Occupant shall execute or cause to be recorded any instrument that iinpoSlls a restriction upon the sale, leasing, or occupancy of his Lot on the basis of race, sex, .. marital.status, national ancestry, color or religion. 4/7 ./ Qu~ulative Rem~es , ·· Ea.cb reme<ly pro~id1,:t1lor jn thisDec1aration shall be cumulative and not exclusive. • Tbe fuilufe to exercise any rernes.l:Y provjde<lfor in this Declaration shall not constitute a \vaiv~r ofsrn!h n,lhedy or ofany oth~·iemedj provided herein or therein. . .. ·~ •' -~ 4.8 Attorri~ys'Feesind qbsts ./" / If any Pei'so11,~omrnenci~ lirigati6nJ6riliej1Jdicial in.t;rpretation or enforcement hereof, or for damages fqr the,hreach hel'()iJf the previiiling partJ· shall be entitled to its reasonable attorneys' fee~ aJ1Sfco\irt arid .othept':osu; iniun;ei:I: 4.9 Estoppel Certificates . At ll/lY time and from time to time W.i,tli.in'f\\:'e~ty(ZO)da.;; aftbr $ttim nofice or ~¢quest by ari:Owner, Declarant at no oost or expel!~ to th¢ reqt1es~ng p,ri-ty shalt execute . and cjellver to/any mortgagee, ground lessee or purchaser of thf Piijperty a itau;inent .. ·.· ce~fying tha(this Declaration is unmodified and in full force and effeft ot if there have been mqilifications that it is in full force and effect as modiflechii'the' miuuui specified in the sta¢menf l!I)d·that.,unong other things reasonably requested thei:e e/iists.rto default under thi~.Declaratidn other iii.an as may be specified therein. If Declarant fail.$ .\b deliver any such statemerµ: wfthin_.twenty (20) ctays after written notice or request by an owner, and if · Pecl!!rant further fails t,ideli-ver SLJch statement within ten (10) days after a second written re:quest from a~ o/nerXwhich seccii,d written request shall specifically refer to the deemed estoppel un,der tl!fs sephmce)}llep it shallb,: conclusively deemed that there exists no default under this De~laratj.cfn 9n the part of said O\\iner. •,:,,,.,,. -·"' •' :.' ,:,, :· _. GENERAL PROVISibNS: · ' a. Runs with Land. The'burden ahd binefits of tbe··covenants, conditions, easements and restrictions contained herein: with· respe¢t t6 the ·Propei:ty; shall run with the land described in Exhibit A . The bt1!'.(i~hs and beriefits of the covenants, conditions, easements, and restrictions contained ~ein with resp,;ct tO th¢ Retai1wd.F'roperty, shall run with the land described in Exhibit B, PtoymEb tlfat for ~6 I6ng as''I'he Boeing Company is the owner of any part of the Retained F)'opt:tty,The~oein$-•(;:onipany shall have the sole right to amend, modify, and enforce thisp~laration/ . Renton Lakeshore Landing CCRs (Closing) 20041226 Page 9 of 15 b. Headings . Paragraph, Section and Article headings, where used in this Declaration, _ are inserted for convenience only and are not intended to be a part hereof or in any way to · · define, limit or describe the scope and intent of the particular provisions to which they refer. __ c. Law. This Declaration shall be interpreted and enforced pursuant to the laws of -th~ State o(.Washington, without reference to its choice of law rules. •' i -' -... •' :· ·. ,· ·.·. d. _ · /Severability. Jf/any \~nn or provision of this Declaration or the application /thefe¢f to.anyperef01{ or ci,Ctllnst.ane\,S shall to any extent be invalid and unenforceable, / __ the reffil\ind~ of,ihis,Declaj,at\9ri' or tl/e ,application of such tenn or provision to persons ·or cii:cumstances' otb:er tha!l those as-lo which it is invalid or unenforceable, shall not be affectiaj. there~y, arid el)th'tfrm an4•Pfc\Vi~fon of this Declaration shall be valid and shall be enforted(o the'exteiit perinittedcbyfaw. . ~ ~ ~·~: . !" e. Constru2tioµ'. Tl]i~ Defl~li~ion<s~a!Ibe ltberally c{o~trued in order to effectuate its purposes. f. Singular Includes Pl~at Wheri~vetthe c6ntbxtbfthis Declaration requires, the singµlar shall include the plural, ·and vice vers?-, and t:46 m~cu!ifie· shall include Hie feminine an,Itheneuter, and vice versa. -· · · · · · IN V{ITNESS WHEREOF, Declarant hatdulyexecutrd this Declar,itioh as'of the day and y~ first hereinabove set forth. · ' · By: Colette M. Temmink Title: Authorized Signatory Renton Lakeshore Landing CCRs (Closing) 20041226 Page 10 of 15 STAT:S OF w ASHINGTON } } ss . .. coUNr< oF~a 1 .. .. . _,. I ~~rtify that I Ja:iow.gr have satisfactory evidence that the person appearing ) bef<ire riie ati<f ma]>ing this a,;kriowleggment is the person whose true signature appears on this • 0dqcum6nt. •' · · · · .,. ' · :·: ... diltfiis ~Jthd~y 9{J:t~ml)er;'z604;before me personally appeared Colette M. Temmi~(-to,hie ,known to 6.e pii!,.Authorized Signatory of the corporation that executed the withir{and foregoing)nstru)ilent;-ijnd acknowledged the said instrument to be the free and voluntary act arid deed ofsaidc'i:orporarion, f<:Jr the uses an.4 purposes therein mentioned, and on oath stated that he was aiiihorizedoto eiecllfe said. instrur¢nband that the seal affixed, if any, is the corporate seal of saiq•corporarion/ . . . . written. WITNESS my ha11d ari4 offic)ai sia1 h~~et6 af~xeid th~ .. ~ay and year first above •t' ~' -· ....... ~ Not'.1? Public ~dfur tre St~tepf W;i.shin~n Res1dmg at . ~~ 1 kJ {l._,, My commission expir~: !!:S· / .,._«{u,:;:a....n J, . O,rn i-;s~~er [Type or Print Notary Name] \ , Renton Lakeshore Landing CCRs (Closing) 20041226 Page11 of15 EXHIBIT A LEGAL DESCRIPTION Of Property /Lots 1, i, 3,'and 4, BQeing Lake.shore Landing, a Binding Site Plan, recorded under Recording .N6. 2004li23000:S56! •·· / ' /'/ ..... Situaifi i1\ th~ City of Rerito11; Cour//::it King?s{~tiiof Washington. . -" -. -:·,:,,· .. ,' ,,· _', ~> Renton Lakeshore Landing CCRs {Closing) 20041226 Page 12 of 15 EXHIBITB LEGAL DESCRIPTION Of Retained Property Parcei: 722300!)105 _ 1:2 4&RENT0N FARM ACREAGE ADDALL LOTS 1 & 2 BLK 4 TGW VACALLEY ADJ TGW ALL LOTS 1 "(HRU sBLK 3 OFSD PLA<Tft;w VAC N 7TH ST(CALIFORNIA AVE) & VAC ALLEY / ADJTGW POROF NWJ/4 OF SW 1/4 OfSEC 8-23-5 DAF • E 1 DO FT LY N OF C/L OF SD N 7TH ST Pf!OJ WL vi..ess tl 60 FT TliOF & Lli?SS W ,10 FJOF POR LY SLY OF N 300 FT THOFALSO LESS POR tiESC UNDER Al:IDITOR FILE #3325235 • l'.GW POR OF SDNW 1/4 OF SW 1/4 DAF • E 100 LY SOF ciLOF ~D N?Jli s·f PROJ V\'L,,j~ESS !i3-i5:FTJHOF & LESS W 10 FT THOF (AKA LOT2 OF RENTON LLA#S-88 REC'#8811169001) • TGWPCL A-OF RENTON SHORT PLAT #93-89REC #8911149006 SDSHQRT PLAT DAF":POR QF Sq NW 1/4 OF SW 1/4BAAP OF INTSN OF NLY LN OF SDSUBD WITlfNL Y PRODUCTION Of,\'ILYM(lN OF PARK AVE NTH SLY ALG SD MGN AS PRODUCED TAP WCH 1$715'FTN oi= SLY LN of,'so SUBD & THE TPOBTH W PLT & DIST OF 715 FT N OF SLN OF SD SUBD TO NLY PROD OF Cit. QFPE:LLY AVE (~ Pf;LL V ST) TH SLYALG SD PRODUCED C/L TAP ON NLYMGN OF'N ql'H S.T {~TH AVE N) WCHJS 30 FT N OF C/L OF SD N 6TH ST TH ELY ALG SD NL Y MGNTQ WL'f MCSN OF SD PAfll< AVE N .1JINt Y AL.G SD WL Y MGN TO TPOB LESSS 185 FT OF E 107.50 FT LESS RD/ . . .. . .. Parcel:7223000115 3-4·5 4RENf0N FARM ACREAGE ADD Parcel: 7564600055 · ., ., .·.· .. .·.· .. 1THRU.121 .&SARTQRISVILLE ADDLOTS 1 & 2 OF RENTON.SHQRTPLAT#282-79 REC #790710900.2 TQW LOTS 1 THRU 8 OF BLK 1SD SARTORISVILLt; AO:D L.~ss ST l'GWW 83.5 FT OF LOT J1 SDSLK,i..ESS N20 FT & TGW W 83 .. 5 FT OF LOT 12 IN SD.BLKfGW L;OTS 1 THRU 131N BLK11 O.F REJIITON.'FARM PLATLESS ST SD SHORT PLAT DAF ;LO:rS:,9-1l>-11'·128LK 1 SD SARTORiSVILt.E ADD LESS. W 83.80 FTLOT 12 AND LESS W 83.80 FTOF $30FT L;OT 11 ~ . . ' . - Parcel: 08230591 $2 ,. .. . · 082305152BET AT .. NXN OFN!.N OF NW 1/4 oi=sw 1/4 WITH W LN OF PARK ST TH STO PT715 FT N OF S LN OF SUB'o·l:I:! .W'T<j N PROD OF;C/l: OF,'PELl. Y ST THS TO PT 660 FT N OF S LN OF SUBDTH W TO PT 586 FT E OF NP R/W TONXN fll 'PROO OF MAIN ST C/L TH S 630 FT TH W TO E LN OF NP R/WBELT LN TH NJO NLNOF S0BQTHE-TO BEG.LESS RD ·.~. Parcel: 0823059209 " , . , . ,· .. .. ,· . PARCEL B OF CITY OF RENTONSHORT PLAT-N093-89 RECdRDINGNO 8911149006 SD SHORT PLAT OAF· POR OF NW 1/4 OFSW 1/4 -1:!AAP OF INTSNOF,NlY LN oi=so SUBWITH NLY PRODUCTION OFWLY MGNOFPARK AVEttTHSLV AtG SD MGN AS PRODUCED TAP WCH IS 715 FT NOF SLY LN OF SD SUBD & THE TPOBT}:I W PLT 8'0 DIST OF<°f'is FT N OFJ;LN OF SD SUBD TO NLY PROD OF C/L OF PELLY AVE N Pi:t.LY ST,TH S1.YALG SD f'RODUCED C/L TAP ON NLYMGN OF N 6TH ST 6TH AVE N WCHIS 30 FT N OFC(t OFSD N 6TH ST TH ELY ALQ SD NLY MGNTO WLY MGN OF SD PARK AVE N THNLY ALG SD WL Y MGN T9 TPO.B LE$$$ 185 FT'OF E 107.50 FT LESS RD . . . . .. .. . . Renton Lakeshore Landing CCRs (Closing) 20041226 Page 13 of 15 . Parcel: 0823059019 .i 082ll05 19PORTION OF NW 1/4 OF SW 1/4 -BEGIN INTSN OF W LINE OF PARK STWITH THE N LINE OF SIXTH AVE NTH N ALONG SAID W LINE 185 FTTH WEST 107.50 FEETTH SOUTH 185 FEETTH.EAST 107.50 FT TO POB LESS PORTION TO CITY OF RENTONUNDER RECORDING NO 720609044B &NO 9406070574 //Pilrcef: 08230591 B7 ... 082305187POR OF GOV.I.OT 1 IN NW.1/4 OFSEC OB-23-05 TGW POR OFLAKE WASH SHORE ·LANDS,BEG NE COR OF:GOV LO'rftHN8B-51-05 W ALG N LNOFGOV LOT 1 & ALG WLY .: PRODOF SD l/119$);0t FTM/I.ITO WL '(MGN OF ABANDONEDBURLINGTON NORTHERN -'RAILWAY R/WTH.CONTG N ~-51·Q$'W 7ijL39.fTM/L TO EXISTING CONCRETE MONUMENT SD MONUMENT•BEl/ilGAN ANG4: POIN,:f9N' NLY ,tN9FSHUFFLETON STEAM PLANT PROPERTYTH N 43-06°56 W 680,Qlt'FT MIL TO INNE!-1 ilARBOR LN PF LAKEWASHING'TON SHORE LANDS THS 46-52-27 W 607.89 FT T,HS 43·06;5t'f~ 717.73FTtpjPOB TH S 14-36-26 E 741.50 FTTAP ON NWLY MGN OF ABANQONE;I>BURLINl)TONNORT)'!~ RAILWAY R/WTH S 50-51-4B W ALG SD ABANDONED R/W129.32ml'I N 20'38-24W7oo;a1 FTTH N 46-53-04 E 215 ITTH S 43-06-56 E TO TPOB PER CITY OF RENTON'LOT LINE,:ADJt-10 004-B8 RECORDING.N08808309006 ,, ,· ' ,, •' ' ·""····· .... ~:~~~~ :!~~2 e~ RR 100 FT RIW 1,N GL~-2,3 &NW.114,,0F SW J/'1~8-23-5 & IN GL 1 & 2 OF 7- 23-5 ALL LY BTWN PROD OF N LIHITI-IAVE·N_& Lt'fEXTN() SEl,:-Y &.flADIALLYTO TRACK C/L FR SUR STN 1068+00& LY SELY OF LN BMP25 FT $ELY AT R/AFR SD STt-1,.TH STRAIGHT SWLYTAP 25 FT NWLY MEAS FR SELY RJWLN AT'SUfl STN 1074+00-TH SVifl:.y TAPotfNWLY R/W LN&SELYO'F$PURTRSTN8+85.5&TERM · ... ··:-;' /. \, .. ,,.. \ / / Parcel: 08;30590~1 '•·,. _, .. / i _-. ._ .. , , 082305 37N &SO.FT OF S 660 FT OF NW 1/4 OFSW 1/4 LY f3ET'CTR LNS OF PELL VAVE'& MAIN ST PROD .LESS'RD' Par~;: 072;05!1001 ,· _, ._. ,· , 072305 tPOR.OF El/2 OF SEC 7•23-05 LYELY OF CWW #2 & NLY OF NJiTH $TIN.SE 1/4 OF SEC LESS NP R/W LESS st TG'liVAC LOGAN ST L YNWL Y OF LN 30 FT NWLY o·i= GOVMDR LN TGW 21--lp CL SHLDS AQJSUB.,1 TO i"WO 20 FT R/W ESMTS & POR OF SE 1/4 OF SE)t/4 OF SECBEG NXNS MGN OF:'N 6TH .ST WITHW MGN LOGAN AVE TH SLY ALG SDST 995.34 FT TH S 89-18-45 W TO ELV.t.,GNCWW 1t2•TH N Al,.G SDMGt,,I_TO S MGN N 6TH ST THE TOBEG LESS BEG NW COR THOFTHSELY AtG WLY.LN 321L75 FTTHN 89-45-45 E 366.34 FT TH N00-14-15 WTO S MGN N 6TH SITH W TO 8EGLESS 137'.70 FTTHOFTGW PORS OF NW 1/4 SEC 08-23-05 & SE 1/4 SEC 06- 23-05 & SW 1/4SEC.05-23-Q5',l,Y NWl.Y(>.F ~p !'VW& SWLY OF LN BEG NXN WLY EXT OFN LN OF GL 1 WITH W MGN SQ, fl/W TH W ,763.39 FTTH N43-06,56 W 680.06 FT MIL TO INNER HARBOR LN TH S 46-52-27 WALG SD LN ®7.89 FT TO TPOB TH S_43•Q6-56 E 713.87 FT TH S46·53-04 W 215 FT TH $20-38-24 W TO NWLY MG_N SDNPR/W SUBJ TQSD ;!O l;T ESMTS LESS BN OPER STRIP ADJPOR OF SEL Y LN IN SD SEC 08-23~05LES$ ST RD #J TGW VAC LOGAN STL Y NL Y OF SPUR TRACKS TGW BLK C LK WASH.SH,.lD·s 3RD ~UPF>i . Parcel: 0723059046 -:. .... .· ,· _ · , -._ 072305 46BEG AT NXN OF S MGN OF 6TH·AVE,NWITH E MGN OF COM WW# 2 TH S13-29-00 E ALG SD E MGN 328.75 FT TH N 89-45·45 E PLL'TP& 320 Fjs OF srfi'AcvE N 366,34, FT TH N00-14- 15 W 320 FTTO S MGN OF6TH AVE NTH S 89-45'45 W ALG SD S MGN·493;0~,FT TOE!EG Parcel: 0723059100 . _ . . .. , .. __ 072305 100ABANDONED RR R/W OVER E 1/20F STA 07-23-05 &W 1/2 oi=sw 1/4bi= STR 08-23-05 LYBETNMGNOFN04THST&SOMGNN06THST . . --. . :'.:· Renton Lakeshore Landing CCRs (Closing) 20041226 Page 14 of 15 • .-BU'l'EXCLUDING Lots I, 2, 3, and 4, Boeing Lakeshore Landing, a Binding Site Plan, / rec6rcJ.ed under Recording No. 20041223000856. --Situate 'in the City of Renton, County of King, State of Washington. . . ...... , .... , .• ,, Renton Lakeshore Landing CCRs (Closing) 20041226 Page 15 of 15 • BOEING LAKESHORE LANDING BINDING BITE Pt.AN NE 114 & 5£. 114 Sf:C. 7, T.23N., R.5£., W.M. & NW 1/4 8 S. W. 1/4 SEC. B, T.23N., R.5£.. W.M CITY OF RENTON;o./ONG COUNTY, WASHINGTON OED/CA TJQNS· KNOW /ILL P£0f'!.£ BY r><rs£ "ROSO.TS T4AT I\!:", Tllf LJNXFIS/GNU, OllNERS Of /NlcRES1 I" :-::i_··.··:>: .... :.... ..... OF PLANNING / BUILDIN.//Pl,)BU;· WORKS ADMINIS"rF:A TOR 11-1£ !.ANO flfR(W O.SCRIBED 00 HEREBY I.MKf A !J/r<{)ING Sf'IE" Pl.AN Plif!SUAIH m CrlAPIER , !i8.17 RC.W. mo Offl..AR£ /J,£ 8/NO!NG S/'f PLAN 7() ar A ORJI.Pf/IC R£PR£Sr:NTA1JON rJF SAi</£:, AfiV 1><,\T SAIC Glt,'011,'G sm: PLAN IS 1,U.Jf l\!ll, i'J,Ef CO'/SfNT ... 10 IN AC!;OROANCf WITH TH£'. OE:SIR[ Of THE OWN[RS. :f:x,0,111,;w ,.~ APPRovro PER 1?Cw s/'1.17. rno (!J."~/ ·. \:Z·O: .. ~~/or _<12<'«<<~.'f'!o·s· ""''''------20QJ. Nalu.Jiftt -f.z:, G..-u,1 z~,..,!V)\.!Qi,f '··-····:, ::. IN W1TN£SS Wrl['ff0,"" WE SET OUR HANOS AND SEALS: IAND . \._.: .:· ~iR~Y~·.:~, CfRDFJCAie I ~~11 .. C£R;Jrf 0 i>iAr 1Hi·~wi;,.ic·.!i.ir PL»/ OF' {l:Jf:/NG lAKCSHOR[ lANl:ifl/G !S BAS~O UPON A~ ACT!lAl suqvry AND S'lll!IDMSIGN or s£t1i0NS 7 "'' I\. TDll<.Sl!!P 2J NORTH, RANGC 5 £AST, >l:LlA ... £ITf ... £1110,'A,~ A.NI) rr<AT TH£ COL!RS£S')',J.! DIST.'1!CCT ~~ SH())!N CORR[CT!. Y rn(RfON, :,~ctiid~~t~~~.'.· ··:·......... ·-·,·.::·.::'; ....... ·'. ... ·. ·. ·. ·:. ·:. ''l.;lj~~ ·~~~:08f :;--: ~~p.·_-:·\.NO--J5-00IJ AD.i/N/-~Ta-A'TOR, On' OF RD>/TON T .: \ KING £/:'.AMi"W ""D A"F'RO\/Ul l><!S '22.:o,J__ OA/i:¢-§)g.,Qm!,k/1 J 2QQ.'.'i 5w++ Uohle · ' '·· efid:,J,;,friia,,,, K!NG COUNTY ASS£= ,_. ' . • ~TY KING C!l!mt.Y l\S51:SS<"JR Accou1vT N:JJJBf/1 OR?:WS::·98_! .. '.:tno 5):~.ytz?,?_ Goicr1 qo.311 '1J:::.><11,tq52_ ,.,. KING COUNTY fl~ANC;·\)rv1s10N criT!F/CATION • HVlfS'r' CD/1".FY m~'i';.·u:.PR~rnTY ~~s . .Ji'~~-;~:·,.-~1>ti,0R£ A~ NO O[UNCU[NT Si'fC/A[ ASSf'S.'iMfNl'S C[Rnnrn TD N'S 0,f)C£ '~-=cnON Af.l!l' mAf:,w. Sf'£CW,. ASS£~[1f'S Cfl'Tli:'l[O TC ru.'$ omcr FOR COL.UC!ION ON Ali,Y Df" THE PRbP.ERTY ~[J/flll COl;TA/N'trl D£Dt.rl8.TED AS;' Sl/i££TS:,,,CA"l..£'fS OR FOR ANY oruER PUBUC VS[. AA[ pA)f;,. ,,.. ruu... ™l'i ~ D!iY or~ 20~ \i-ey, ,r ... ~ . . .r'M -0,J, L ., . -""' D,RC:CTOR, /(/~.;i;rxm& D[PUTY DIRECTOR, K!NG COUNTY /'. ',, '\ omet: or FINM~.. OF{ICF. Cf" f"INAI/Cl: ... 'r)~ \ ·> ·~ 'j ., '<.;:;,;_;:/ ">, .. RifoOtrDING GfRDF/CA If• RC:COqD/NG NO: ,l<,1 p,Y /.J.. ,.i. ! 000 ll,S<'.. ····:.:flU:D r,,;;'~ORD AT THE l!EOUESr Df IHO cnr Of" H~NTON. J/ifS _e,.3._ DA( or~ 22f~ AT~ MINU7£S PA5f,r.J£1,M. 'WO REC08DED IN \l:l.l.VME ~ OF PLATS. PAri'!J'-~-~·;_, Ii I: RCCORc/S CF KING COUNTY. WASNINGT(),I Oi'VISION or RECORDS AND [LECTiOl. ,i, . '"' J,i, t~~ MANA,;OR 0£5<(,N~[; B" --·-Ch'ECKW BY ~ ', -OR,>WN BY '\nvc/CCM APPl;(!'.>cD B1:~ BOEING REALTY COMPANY CITY OF RENTON LAKESHORE LANDING BINDING SITE PLAN 3350 WODUO >U!a Pu-.,. BolholJ. "l'Mhln,ftOD 98"2.1-8972 ~ v, LAS~ [D T : ___ P~OT JI\T£· 1QLl.JLQj_ I ~ ~ 'DAT[ £Jr f RE.VIS'Qrj ----1-+----I R[NTON, KING SCALE: </A PROJECT NO J!95B WASHINGTON DRAWING FIL[ NAM[: .,.,. ................. .. J1955-SURV-BSP01.DWG C) () ~ • • GENERAi PRO.JfCT DFSCR/PTJDN· ZONING HORIZDNTA/ DA DIM' 11\ti! PACJnC: JJ.50 UONTE \Ill.LA PAR~WAY 80TH£U. WA 9B021 PHCW[, (42!) 951-4800 HEAVY ,N{)(IS1ll•Al (l'f) NAOBJ(~1) WASn!NCTCW STATE C00RD,'NAT£ SY'Slcll. NCJR!H WNf:. FROM CHY Of R£NTON CONlROL "ONUI.IENTS. IIOM)l.l£NTS SHOii<'/ ~£ \1SIIUl IN Fm. 2D04. PR..,ARY MfASUl<cMCNT £QU_'f'.,o'IT -TRIMBCO S7.xl GF'S: AND U:ICA TOTAL STAIJONS HA'II: Bil~ COMPARED TO AN/) AD~SIT"D AGAINST A S<lR'IE"f CAUB~AIUl 8ASE11/lc \14THiN '"rli lAST \'fAR. cc,,,iniR!l5 ro: ~"AC JJ2-1.5ll-1c>ti WAC JJ2-1J£l-'S0 UNITS: US f1:.tr. CITY OF RENTON ~URVFY CDNTROf - nrs m C,Tr' OF ROHON SURl'[Y CON:wot 11!:"TllOIII( MONUMf~'IS; Sff SH/IT J Of' _, = />;JRSJ./ANT TO m; TF:RMS OF 11!!: orvnoPM[NT Ai.Rffl.li:NT . ("OE\/HOPME:NT AGRITME.N!) OA fill OE:CEWBE:I! 1, 200J. 8STW££1f" me CITY Al/0 BOON(,, ll-1'f: /ll(;~C-Of-WAY rOR ,on; ST/i[H :· ~Wlf:~[ :~~H!i+t~:E~£1f:i1~o~!e:~~~ f ii%~~.'.2 ;~::i~~~1~~~u~k:.~AJ-!~~lf,~~"'I/G ; __ A(;/lffM[IH Of" TH[ C!rY A"° il-/0 0'1,NfR(S) Of" lO;:i ~BUT7/NO~. Slier' RIG.'<T-Ol'-WAY SEGM(NC 2. '.Ji'ON CONsrnucn:m OF "10 NO'!' INTERSE:Cl'JON Of' PNIX ANO [OGAN A\'ENUE!i, Pl..'RSL/Al,IT TO THE OCIEWPJ,(ENT Ac:.~a,,.-cyr. TN[ CITY SHALL VACAlf TH! I.AND ON \!l;IVI IHE O'..D. ·• • •• • • •• :. ll'iTfRSEC1lON Of PAPX All[) LO/iAN A\'£NUES WAS LQC"-'\TrD. AT•·, ND COST m B:.>EING OR TH£ 011!','ER Of wr l AND SUCK VACA!LD LAND SHALl BECOME A PART QF tor 2. . f"Ot!.DIWN(; oro,~ATION ANO UPON REDUE"ST, IHE r::irr SHAJ.L ,RN/T [ASf:M('IT; OR LJCE:NSf AGRffMEJH, AT 00 "<;DST TO .HE ,RN/iIT:S). ALLDl\!NO l!DEIIIC A.',0 7/![ A8tiTIINO L-V,0 O»>J/;R/s:J. m USE: RIGHT-OF-Wn ~ F"[)I< l'URPO= ~Tff_.W.:r;,,51,TF:NT .. l\!!H PIJB!.!C smrrr [IS( Pi)/Dl"G COMl'iN(."/:M(l,IT oc: ,· cOI/SfflUC1lON ON ROAOS C0•{1£VPLAIUl BY J!<E O[v?Lw.<ENT AC:RITMmr. NO l'RDPUHY COl!NcRS Wll.L f!f Pt.ACED A5 PMi Of /HIS e,.~mNG SITE PI..AJ,/ DU£ m '1!7l!RE co,ismuc;100· CONSllJrnAnONS. ~. CITY QF RE:N.ofi CROINANC£ JOI l. UNOE/l".{,,1,/o,.cOIJN.;;:·.:. ~!~~~Gpi~~~r d/Z?'~~~a:,~~ :Wr!~WWc,i :~·. •, '. BDL"TNO CDMf'ANY OA1EO IIA//CH 191H.".,)~76. /N.'S A<,;F,..'I:1,ii:NT O[AlS "'TH .TH£ OWCA1lOII or Afl[/J~NAI. LANDS AW.~O PAA!': Allf:J.'IJ£ IN ~~CCTION ll!TH rH£ roam A\'oJ/IJC ··.-,, VAC,HION." Pi:R >!e!JQ IIICORPORATED IN S,1/(>_0ROINANCE. ;,,., 12 FOOT STRIP Of LANO ALO•iG PA~K A-IJE ~ ~t~~w~;,;tg~.TD) ~EN.?~4;'t gpu;:,7 :;"':i76 ~GRE[McNT lfA\'INC ii£EN l'(l['-11.d;() 9-,. __ m, WIDENING oY,PA/lK A'IEl/(1£ l.£0 TO TH£ R£-ll[c:JRfl/NG OF "v-10 19•6 AGR[[l.lfNT. UNOfR KING ~t;f.;NTY RECORO'~'jl NIJWiiER !~ro,maz FOR ; .. TH£ PUR"OS£S Of Of{)jCATll,'G·V.ND ~B(l,IT'/G'l'~ilK A\'rl'IUE , ... INC!.'JOING A .S 'WT ~/RIP G,N""/t,£ EASTERLY i,/A,i.;;iN FROM .. O+"° m 5+55. ALL OF T1i!:S£ Rtwt!OCD orx:vMf:N'/'5-".-,,,i,[ . r,mrn /Nco.,p[!:TE OR OTHO"RW,$£ c== MAKING WIJl l'JPC!: ~~~~"!i ~EA~"~tJ;.'l:;1~f£D~r~''tSf_~ ~;',~~9·~ o:;,.·s.n A/WT /WT IN >ACT UN~[Rl!ES 71/E UrRJ-aE:R ll rFET /'RO/,f 1968. . . 5. /:AS£1l[NIS OF !lfCOPC,-:~T Sl<O'M.: • .. I FCAI DESCRIPTION:. tt ~:;;1¢~gt?· ·.llT'.5·.~~Alio~: nr,.£ CO\!W1Mrnr,:tJROV! PARCU 11, ;HOSE';d,i,.ior;s ;,i~cvJ111.1rr,,;~~1S :. 2 ;.No J ANO mE SWT1:1£AST Ol:/~RTER r)fe."THi. N0,'/"(111\'[ST OUMTFll OF S[C;JON 8, ~~~:s¥,.r;g;1spt~t r;;rTf<~'4~1~~f Y ~s:ff'<ir A\\~Y liA/?fJ/~' OF PARK A'IE .. N. A~ti·-:Fr'f,fl,0!1.fH'ltfSrrRLY /1/GHT CF" ..:; Y 11:I.Rl;/N OF n-JE Nbln>j ~£!HON· INTEIKHAIICiE (SR ~O~), 11£.Slt'Rtl'Of A L,/./C mAfil,'JD15£CT5 )MnJ SAPD 1/0RIH'l,t:Sm!LY RJ(ii'T OF WA'!:1/ARGIH OF 1'1£.J,iOilTH RllimN IN"TmCHAAGC. SA/0 t.'Nf (l[WG orsc;11sm AS B[GIR/;Wr. .u STA!/()/,/ 6+50 Cl>/ mJ: ~f::~ 2m;,, ~~~';:;7;11=:~~ ;;,~~ AS s ... Or.N /1/Kfl'C/',,,<JJGE, WASH1'1r;°r0t/ STATE DlµARflo'!)IT OF Il!A//SPOl!f"-TION .~1GHT· OF )'/~ Y Pi.:J.li, AAO £Norw; :··. NORmt'C>IT7!~~ Pt:RP!r;OJCl,il~ :ro s,uo STA1iON, HA PO,~'T ··.·,()N Tl-iE !;()LJWE,'._$!f.R\"r" -"Ai!fQ·,Y '"£ 100 FOCT !JAJI/ 71iACK C BOEING LAKESHORE LANDING BIND/NB BITE Pl.AH NE 114 & SE 1/4 SEC. 7. T.23N., R.5E .. W.M & NW 111 & S. W. 114 SEC. 8. T.23N .• R.SE., W.M. CITY OF RENTON;..l~IHB COUNTY, WABHINBTON OF f!l/fliJ~W)N NO..~~R)',,RAILROAD. E~:111n A/,/() .)' ;:rp,:;=J ~.,iu"f.r;f:·1!$;~V#:f':/oA°t :ZF;'} :r (roRM<.""RL ':' NOR'mEllN PAC!FlC, tAA¥,'."-lffiS1/,'NGTCW an T UNF). -:."iiiiit ·. hiA-;r. .PORiicw o; SAIO CO~ENT LOT .i DESC/l.'BED "-$ FOUOI'&''' ·,.. . 8EC!NNWG AT A~""ril:rtR~~i5,lfJII OF me sw~~TtillY R•GHT Of lj"AY 1,/ARGIN Of S/\!() BUi/Ul(~TON.~:r,[RN RAl!.ROAD AND 11-JE 0 ·N6/l-JC!\\ESIERl y .ljARG/N or \/.(1:'~m:> 1/'U ST (PARK Al,,(" Ii.) pf.R; VA:;.,.noo ORO;,l51J; ~r:/t~~.;;~~l!lf~~~IICA ~f,}',%T~~r~;:ARGN a ma.a Sot.'71/QISJERlY, :,,,r f?j(;lff ANC.U:5 JO 511!0 llA/LROAD R,r.fl(.!)f WAY, ~ DISTANOf. 0t 10 fllT, \!ORE DI' 1.n"!i, <D A PO/Nt"O!{, Trlf NORTHIIESt£°RLY R/?ff Of WAY MARGIN Of" SAID ··, ~~JD~~it.;t!J::t:.:i.~~'f.lD 1!/U. ST. TO TH[ POINT OF "··.,J![(JW/.IINC. • 0 i1fA1 ;.;;-ii~·.ot: iii~ 8U/lLJNGTON NO/lTH£RN WC "S lOO FOOT R/Gi-'T OF WAY FOO m; 8[1.T c/NE: IN GOVVlNl.ffNC L0)5 1. 2. ANO :.-.. ,,... ~/ift~J. ~':-i'"f:~~,/J'Jzf::ti(: ;J£J~~!TI' w~:':11:Jl; "••.. GOVFJIN1"iNT (D;:i I AN:J ;> IN SCCTIClol 7, SA/fl "lll!Ns,Jlf' A.W) .. ·, RANGE. ltCTWE£N A ~r PRCfJIJCnON or TH£ NORTH UN£ OF ·-pTH AVENIIE AND A LJNE [XTmOING S00lJ./tASTtl1tY A/10 ~ADIALl Y TO T);f I.WN 111ACK CENTER UNf AS NOW cp;1smuc1E::, F1?0I, SlJR',8' STA1lD'I 1068.00 !N SA,O CrNTER · .J~ ~~;,~~J/ffiTE; SCl~~'l<"ir::~;TH~~fy 1;%'~~~~ 'Bl!i/LINGTIJN 1/0R.THERN INC."S BRIDGE NO. J) AND soum£AST!:Rl:r .. ~'1,11::!i.J;..l!LJ?r::.N~Ol~~Sf&~~tlJTHEASTERl.Y, MEASl!RED".' R,\0/Al.t"f AND AT R!C.~T ANGl.£S TD THC: CEN= IJNE OI' ]/IACK AS NOif CQ'/SfflUCIID. "!!Di,! SVRof:Y STA1l0fi 1008+00· "•"• . .. , · .·.·•· .ltf[HC'F SOUIHI\ESIERL YIN A 51RAIGHT IJN£ W A POINT 2~ rl'fT . · • . ·•. ·t~ntiN~~ll~~!~O:~l~&,,50!/TH[ASTERl "f RIGl'T DI".·'..• . : , IH£NC[ CCNnNIJIN(; SO!i.HO!l'.5rrRl Y AT AN ANa.£ TO 111[ RIGHT ··. · TO A PD/NT ON mr NDRTH~TERl "f IJNE Of' !Hf 100 i'Df)f· ... ·",·.!ll(;HT Dr WAY OF" /lU/lLJNGTON NORTHrRN INC. ANO .. :··· ··:: .-:·-~~~r~;sg;,:;u~N~A~o H&18J.~f!;Jff:t.r~~ mi'·· PAAC£t 0- THAT PORnON Of' TH£ soom 6./iO FECT OF mt; NORTH~·+--··'-:_. Q~AR'!!"I< OF 71/E SOU71-1\\£ST OlJARm1 Of S£C;"10N 8. TO\lt,'Srl,P ', 2J NORTH. RANGf ~ [A5T, W.af., WIIICH l/£5 Nf)Rlll OF 71-!E NORW L/.'1€. Of' N:,Rlll 6TH 5.llF.TT AND BCTll[fN T",1£ ",•, N0Rl}l[Rl Y D'TFNSfO~ or 711£ CENIERUNES o,-:p[j_J_y All[,W£ :::r:;;::::~;: :,:;:': :;;;-°" : .. _./ ilcNTON SY DffDS Rfv.lRDED UNDER RE*.f1,\/G NOS:" ?!OB19CJs,(" ANJ 85[)91J091!1. P~Rr:LJ. I.: 1HAT PORJ!Ql<i OF /HE NOffl>iWEST Oi..'~~JAA OF mE s~ .. \![ST .. :~~sc%B~c~,5'i.uf'l'S~5l'l1P 2J NOA.'r'l,,,ll.<Nr:E ~ EASJ,. eglNMNG AT TH[ /'D/1,'T OI' IN':rf?~()J/911_ OF ;.;i°"HDRTH UNE Of" SAID Sc'll~\1510// '!!lH "THE ND#riJDiL"1''.PROOUC1lD»-pr THE WEST LINE DF PARK AVENUE, AS"SHO\IN IN )tJE Pu\T d''RD-/".'T!/1 F"AAM PLAT. AS PER PU.f R[~Onl IN >tlt.lJl',i 10 DI' PlJi"!S. P~Gf' 97, PC:CORDS OF KING ~OUNT"r'; ': ·:~. 71/[j,/C£ S'JIJTHERL"f ~l.ONC: SAID PRODµCnON, TQ.A POINT llS FITT NORTH DI' THE SOUiH JJNE OF·,'B,l,11) S/.!BD/'l151DN;_•, ~~~Al~s;;;.:Afi'i r~"i:&,~?:~~cii~~T;~ crnm; LJNE OF PE'..LY ST~£); . ' • :· • lll(IICJ:: 5:JlJTH A!.= 5.41/i·RROCUd;!J cr"/;ID!t/tlL,,:·TO THE ; NORTH OF SOIJIH 6~D ct£T ~ SAID ',SIJBIJJ\'1510!'<; ~ THE:NC£: !1£ST ALO/,//; 5,loD NORTH UN~,ro.";i<[J.ICJRffl.."R...Y PROOUC1lCN Of" 711£ Cf/llER l.Ji/E OF 1,1,o.;,,) Srn:fET, Nl)'/1 ~S All[NU£ NORT,f, AS SHi.lll~,j IN THE PLU OF R[J,/1'/N OJIM P/.AT ND. 2, AS PER Pa.AT ll[CD~Ell IN .ul.UME Tl Pf" Pi),lli, PAGE J2. 11CCDRDS OF KING CDUNIT/.. ··, ..... :· :: ~r~~~~~[~~:~-?:~; SAID"'P.~~IJCT!DAI T0°'r'.IIE NORT}I (IN[ mrn~ m"STI'lll "(,Al ONG ·.ttvo NORTt/".I.INE OF MJRTH 5ri,i SlllffT m rm: f-'1511:llt."f MATIG/N OF ri/E..,".BA'IOONITJ .·:· BURi.J~GWN N'O~TfiERN RAl!.RO~l.l llli.HT-Gf"'.W,.."': .•. · .. TH['1C£ NCJRTH£Rot.ALONG SAIi! ll<(i/'<1-(},-..,.,r.JQ'."·""E NOF/Trl LINE OF SA.Ill SIJBillllrSION;· ····:. nm,cr £n:ERLY AI.OIIO. SAID NOR71/"lif!C TO THf PO/Nr or BLC!NNING . . EXCEPT !HAT PDflnON =~·\.i:i, mm£ ~;;-Of." RWTDN (OR TH[ 1'1/0[NING or NOR71/ 5;-,-r STf<~T BY 0££1)5 ~CORDEO IJM!!:R R£CORD1N(i 1,11.)S. nre11o~OB, IIC>5"'W~_1(1, 710511~1!. 8:5,CS1DOS6B. 8509l!0915 AND 1:5C>!"JO!I..'.:• ", S17l!Alf IN THf CIIY O'" REN'TON. C:OLINTY 0 61· .. ~/N(;, su"fE:·,w WASHINGTON. ·:·.·...... · ... ·,:, .. fi,Nlllp!G ~~·)~J:Att A~~:S:-, DISU(G··~ SIJ.JT. . ACRES± '5.B50 '" 2.s22 "' S JOB 89.7! "' 1J.57 ?I 01 O . .lS D.07 '·" Q.21 'lJJ""""---4--+-'·'"~'-+~'~·'''--' '·'"--,--'-''~~ PRO~OSfD AREAS \liEST: l.015" ;: I so. rr. AC!>fS± ·<:.: . ,. I 299.5.J8 O& ,.;-, I ?9G,S2J 18.29 .·c •• 1,195,951 27 . .«I iEI ~ _ .. (L_~~ A~~1r 21J.226 4,89 LDT TOTAi.: 2.505.J99 ~7.51 ~-,,..,. nlACT A 142.BlG "' TIIACT B 1l 011 "' I mACT c 72299 f.66 'TRACT [ 24.829 "' Tl<ACT P '12,160 2.57 TPACT D "' DEIJ. lRJICT TOTAi.. 44.220g 10.15 [XI5T PA~K Alf:_ n " ' WM" 112.821 '-~~ TJ!ACT X (NOT A PAAT) "' 0.:,05 OETA!C •11• "' ,~, f;:=·=·= ... · .. :;t~u·=··~c:·o;::··~=::.;:08:;,;:"=~·=p=_.·:=···~=: ·=-:;-:;;"';::';::':;;:=;::;::;:=;1'~~~~.,-;=====================V~l~C~IN~l~TY~M=A=P======::;i:~ . ~ D[$/t;;'<f°D [i..,,~---CHE'CKff! Si'. ~ . , -.-~::} ·,.-~~;~D~;· 'J~/CC~ ;;~;o;~~ SY.~ ~ ~ ·'o,off !J'r' .~ >' RE\115'Qr. CK"/]APPFI BOEING REAL TY COMPANY CITY DF RENTON LAKESHORE LANDING BINDING SITE PLAN R£/\'10'1. KING SC/J.LE N/S PROJECT NO J1956 WASHiNGTON CRA WING FILE /1/AME. J/956-SURV-BSPOI.OWJ ;,.,~o Jfooto Vjl(o Po.rl"o'OT Bo'..hon. l'o•htnjf!.on "8021-8~"111 ,-1""-""" /a6)051-aOII --......... .,..,.,,.,. ..... 200 -u u u " " " " "" " f,+41' uo ~ "' 1n "' "~ "' .. "' "' "' "' '" G) rWN;) 4" •• COO~Rfrr l'()MJJ,i[WT W/ Ct)PPi'Jl 7,\C,,: r,,' 8RQKD,I US[ (>(l!WI ,.o' BfiO'f' A$PHA! T 1/4 Sccncm 1.,'Q'lN£R N lBJSo:;6.4790 € iJD.WJT.8010 AS SHGW>i ON R£F,0 ( FE[T) ; INCH ~ 200 rr •= m, ~00 "·" "~ ,J;',!9 Y.!O BOEING LAKESHORE LANDING BINDING BITE PLAN ,oo NE 114 & SE 1/4 SEC. 7, T.23N .. R.5E., W.M & NW 114 & S.W. 114 SEC. 8, T.23N., R.5E., W.M. CITY OF RENTON.. KING COUNTY, WASHINGTON Lori:· 79{6p SQ. f./. :8.ZlJ·./!C.·,. LOTS 1,196,012 sq. ft 27.46 occes ~~-. ~-".' I • • • • j ~. ·1 ' L~+·-:l 591,192 so: ,:r ., ..... -~).57 AC. BOEING REAL TY COMPANY CITY OF RENTON TRACT Q LAKESHORE LANDING BINDING SITE PLAN TRACT P 3350 Jloolo l'llla p.,.hn,y BolheJJ ... ...,,1n,r= gsoai-~gr., ( ... ) .. ,-..... ( ... ) .. ,_ .. .,....,.,..,. SCAL[: PROJ[CT NO. DRAWJNG FILE NAM[: · ... .,..,.. ,. ......... l.1:::==::::..:C:::::'::,;:i:::':::;:::±::::;::::;::====='==:1::=~i!l!!liiiiii"'"11:r.!L':=:::::':··=':':':' ==='====3::'::'::":::==:::3:':":'::-::':0::'::'-:::':':::P:":·'::"':::::'.....'=============='J;J, .. • BOEING LAKESHORE LANDING BINDING SITE PLAN NE 114 & SE 114 SEC. 7, T.23N., R.5f., W.M. & NW 1fal & S.W. 1/4 SEC. 8, T.23N., R.5E., W.M. CITY OF RENTON, KING COUNTY, WASHINGTON i -@- ' I ' ' I I " I " SCALE 0 100 200 (fIH) 1 INCH = 200 •s. \\' CO,, lllAC'T ,t. W, 1/i COi?. Or STC. ~-23-S H2'56'12"( 27.W n .' TRACT B :,SEE DETAIL rRAcr o.:. ·,::. Sff£-$_f1E~-T 314·· 1/;°':i;~~-'---fl.~9~·.. --··.·.·.·:.:· _:.,_:_ __ (FUTURE;_ NORT-f'1 .. _BTH STREET) SOOlf':rJ"W .. / •. ~ ,c;:. S~'SSJ~·c NOf!(TJ:f . . ·. ·.: ·.-.·.·.tu,~ -Js-obq-:-B~P,: .I.HD-35-001 J C"[CKED BY· __§_~-- Af"'Pl?Oo'c0 BY:~ PLO I DA TL lQ.L22LQi R01J.I_OcN~-+~f"-", TRACTN SEE DETAIL 8TH ST . 1,',eSlS.GY ,!o,22"J2'JC1° L•202llli' • -~;ll"J2'.56"!'/(ll) ' 7.00' ;i.su.a2· ,.,_Dll • .J2"2il" L•86JO' TRA9T N TRAcr~ G & K BOEING REAL TY COMPANY CITY OF RENTON LAKESHORE LANDING BINDING SITE PLAN KING 1·=200· PRO,/ECT NO. 31955 Of~A WING r/L[ NAM[ 31956-SURV-BSPOl.DWG ,·, N0:;~~~1f"' 1/lJOlt~h,iT NOIJ"S6'24"£ 14.<14' t,/()/Jlt~f'- • ! TRACT F LINE TAB~E Le U.2B l.li 21!.0D l10 14.4~ l11 27.08 PARK A VE. RIW ~= Jf"""' Vlll• Pun'•T aou,..n, Y .. nm 1 ton is021 -B~r.! ,..,m, ... ..., r---"""'""'~·- i 20041228001874.001 UCC FINANCING STATEMENT FOLLOW INSTRUCTIONS ffronl and back\ CAREFULLY A. NAME & PHONE OF CONTACT AT FILER [oplionaj DEBTOR'S EXACT FULL Ll:GAL. NAME:,luortonl)'m:m_dtbtornarn&(1aor1b)-de>noh~oroombiilel'lllmn 11. ORC. ... NlZATION'SNAME OR TRANSWESTERN HARVEST LAKESHORE, L.L.C. 1 b. INDIVJDUAL 'S LAST NAME FJRSTNAME MIDDLE NAME SUFFIX 1c.. MAIUNO ADDRESS CITY STATE -lPOSTALCODE COU~Y 150 NORTH WACKER DRIVE CHICAGO IL 60606 USA 1d, Sl$1NSfflUCTIONS I AOD'L JNFO RE, 1111.TYPEOf ORGANIZATION 1!.JllRISOICTIONOFORGANIZATlON 1;. ORGANIZATIONAL ID#. ifari,' ORGANIZATION [DELAWARE I 3901152 n"""' DfBTOR ·, LLC 2 ADDITIONAL DEBTORS EXACT FULL LEGAL NAME •insertontyQ1111.debtorname (2aor 2b) mnotabbllMate arcornblrte narnu '2.1. ORGANIZATION'S NAME OR 2b. INOIVIDUAl."S LAST NAME FIRST NAME :le. MAILING AODRESS CITY 2d. Sfflw.iIB!ll.llQHI 1:DD'LINFO RE 12e. TYPE OF ORGANIZATION 2f. JUR!SOICTIDN OF ORGANIZATION OR(lANJZATIQN OESTOR I I :3 SE CUR ED PARTf'S NAME: (otNAMEo1TOTAL ASSIGNEE of ASSIGNOR SIP) irtMJtooly~ceeuntdp11rtyname(3ao13b) Sa.ORGANIZATION'S AAME OR ASLAN REALTY PARTNERS II, L.P. 3b. INOIVIOUAL•s LAST NAME FIRST Ni\ME 3o. MAlllNGADDRESS CITY 150 NORTH WACKER DRIVE CHICAGO 4. This FINANCING STATEMSNT OCYl!H& the fclJowil'lg C<Jlaterat SEE EXHIBIT A FOR DESCRIPTION OF COLLATERAL B. OPTIONAL Fn.ER REFERENCE DATA TO BE FILED WITH THE KlNG COUNTY WASHINGTON RECORDER FILING OFFICE COPY -UCC FINANCING STATEMENT (FORM UCC1) (REV. 05!22102) DEUCCIPNAT • 121111'?002 CT Syi;t..m Online MIDDLE NAME SUFFIX STATE tOSTALCOOE CO\Jlffi1Y 2g. ORGANIZATONAL ID#. ifany I DNONE M1DDlENAME SUl'FIX STATE !POSTAL CODE COUNTI<Y IL 60606 USA 20041228001874.002 i UCC FINANCING STATEMENT ADDENDUM FOLLOW INSTRUCTIONS lt'ronl and back\ CAR~FULLY 9. NAME OF FIRST D~BTOR {1a or 1b) ON RELATED FINANCING STATEMENT 9a. ORGANIZATION'S NAME OR TRANSWESTERN HARVEST LAKESHORE, L.L.C. 9b. INblVlOUAL'SLAST NAME r/RSTl«ME rlDDLt: NAME,SUf,-., 1,0.MISCELLANEOUS: THE ABOVE SPACE IS FOR FILIMG OFFICE USE ONLY 11. ADDITIONAL. DEBTOR S EXAcr FULL LEGAL NAME-insertl'>NIIRflt nanwC11acr 11b). do nolabbrcwiata«combln• Mmet 1111. ORGANIZAT10N'$ NAME OR 11b. INDIVIDUAL'S LAST NAME F~STNAMC MIDOLENAME sumx 11c. MALING ADDRESS err, STATE 'POSTAL CODE COUNTRY 11d. &EFINSJBUCTIONS 1:!JD'l lNFO~E [ 11•. TYPE OF ORGANIZATION 11f. JURlsOICTIONOFORGAN!ZATION 11it. ORGANIZATIONAL 10 #, if.iu,y g~~TION I I I nNONE 12. I ADDITIONAL SECURED PARTY'S "' I I ASSIGNORS/P'S NAME-lnsertonfy~nacno (12a Of 12b) 12;t. OR-~-IZATION'S NAME OR 12b, INDIVIOUAL'S lAST NAME FIRST NAME M1DOI.ENAME SUFFJX 12c. MAILING AODRESS CnY STATE !POSTAL CODE COUITTRY 13, Thia FINANCINGSTATEMENTeovers __ LJ timber1Dbe cut or LJ as-extr.ic;led 16. Additional conl!Wlal desetiption: «1llateral, or is fi1ed.H a J81 Mure filir,g-. 14. Offcrlptioo of real a,tata; SEE EXHIBIT B FOR DESCRIPTION OF COLLATERAL 15. Name •nd addreu of a RECORD OiNNER of abt;Miodesaibed real estat& {if Debtor does not ha\'8 a record inlarul}: 17. Check ll:llh: ifappl'icabl!!l and ch&Cl .2llh:'. one bo)t Debtor iii an Tn,1S.C Dr n T,usta• •clin11 with r..spect to property hlt/4 in trim o, D 0.111Bdent'1 ea.tam 18, Check 00 if applicable and cher;kQD:0: one box. ::::: DebtoJ is a TRANSMITTIN"G UTILITY = Filed in c-.Ql1neoetion w~h a ManuTactured,HomB Traru;a~ -eff~e 30 years Filed iA coonectilffl v.ith a Public.fhanee Tran~R -e!fBCIM!I 30 years FILING OFFICE COPY -UCC FLNANCING STATEMENT ADDENDUM {FORM UCC1Ad) (REV. 05/22102) DEUCC1AD-IDID7/02CTS~Onlme Z004 IZZ808181'4.00S SCHEDULE A TRANSWESTERN HARVEST LAKESHORE, L.L.C. (THE "DEBTOR") GRANTS TO ASLAN REALTY PARTNERS II, L.P., WHOSE ADDRESS rs 150 NORTH WACKER DRIVE, SUITE 800, CHICAGO, ILLINOIS 60606, ON BEHALF OF ITSELF AND ITS SUCCESSORS AND ASSIGNS (THE "SECURED PARTY"), A CONTINUING SECURITY INTEREST IN ALL OF THE "COLLATERAL" (AS HEREINAFTER DEFINED) COLLATERAL. IMPROVEMENTS, FIXTURES, ACCOUNTS; CHATTEL PAPER; DEPOSIT ACCOUNTS; DOCUMENTS; EQUIPMENT; GENERAL INTANGIBLES; INSTRUMENTS; AND LICENSES AND /OR FRANCHISE AGREEMENTS. DESCRIPTION OF COLLATERAL. AS USED IN THIS FINANCING STATEMENT, THE TERM "COLLATERAL" MEANS ALL OF THE DEBTOR'S PROPERTY OF THE TYPES INDICATED ABOVE AND DEFINED BELOW, WHETHER NOW OWNED OR HEREAFTER ACQUIRED, WHETHER NOW EXISTING OR HEREAFTER ARISING, AND WHEREVER LOCATED, INCLUDil'l'G BUT NOT LIMITED TO ANY ITEMS LISTED ON ANY SCHEDULE OR LIST A TT ACHED HERETO. IN ADDITION, THE TERM "COLLATERAL" INCLUDES ALL "PROCEEDS'', "PRODUCTS" AND "SUPPORTrnG OBLIGATIONS" (AS SUCH TERMS ARE DEFINED IN THE "UCC", MEANING THE UNIFORM COMMERCIAL CODE OF WASHINGTON, AS IN EFFECT FROM TIME TO TIME) OF THE COLLATERAL INDICATED ABOVE, INCLUDING BUT NOT LIMITED TO ALL CASH, ACCOUNTS, CHATTEL PAPER, "INSTRUMENTS," "INVESTMENT PROPERTY," AND ''GENERAL INTANGIBLES" (AS SUCH TERMS ARE DEFINED IN THE UCC) ARISING FROM THE SALE, RENT, LEASE, CASUALTY LOSS OR OTHER DISPOSITION OF THE· COLLATERAL, AND ANY COLLATERAL RETURNED TO, REPOSSESSED BY OR STOPPED IN TRANSIT BY THE DEBTOR, AND ALL INSURANCE CLAIMS RELATING TO ANY OF THE COLLATERAL (DEFINED ABOVE). THE TERM "COLLATERAL" FURTHER INCLUDES ALL OF THE DEBTOR'S RIGHT, TITLE AND INTEREST IN AND TO ALL BOOKS, RECORDS AND DATA RELATING TO THE COLLATERAL IDENTIFIED ABOVE, REGARDLESS OF THE FORM OF MEDIA CONTAINING SUCH INFORMATION OR DATA, AND ALL SOFTWARE NECESSARY OR DESIRABLE TO USE ANY OF THE COLLATERAL IDENTIFIED ABOVE OR TO ACCESS, RETRIEVE, OR PROCESS ANY OF SUCH INFORMATION OR DATA. WHERE THE COLLATERAL IS IN THE POSSESSION OF THE SECURED PARTY OR THE SECURED PARTY'S AGENT, THE DEBTOR AGREES TO DELIVER TO THE SECURED PARTY ANY PROPERTY THAT REPRESENTS AN INCREASE IN THE COLLATERAL OR PROFITS OR PROCEEDS OF THE COLLATERAL. I. "LAND" MEANS ALL RIGHT, TITLE AND INTEREST OF DEBTOR IN AND TO THE REAL PROPERTY DESCRIBED IN EXHIBIT A, TOGETHER WITH ANY GREATER ESTATE THEREIN AND HEREAFTER MAY BE ACQUIRED BY DEBTOR 2. "IMPROVEMENTS" MEANS ALL BUILDINGS, STRUCTURES, AND OTHER IMPROVEMENTS NOW OR AT ANY TIME SITUATED PLACE OR CONSTRUCTED ON THE LAND. CHOll 12402045.1 20041226601614.881 3. 'FIXTURES' MEANS ALL OF DEBTOR'S "FIXTURES" AS DEFINED IN ARTICLE 9 OF THE UCC . .4. "ACCOUNTS" MEANS ALL OF THE DEBTOR'S "ACCOUNTS" AS DEFINED IN ARTICLE 9 OF THE UCC. 5. "CHATTEL PAPER" MEANS ALL OF THE DEBTOR'S "CHATTEL PAPER" AS DEFINED IN ARTICLE 9 OF THE UCC. 6. "DEPOSIT ACCOUNTS" MEANS ALL OF THE DEBTOR'S "DEPOSIT ACCOUNTS" AS DEFINED IN ARTICLE 9 OF THE UCC. 7. "DOCUMENTS" MEANS ALL OF THE DEBTOR'S "DOCUMENTS" AS DEFINED IN ARTICLE 9 OF THE UCC. 8. "EQUIPMENT" MEANS ALL OF THE DEBTOR'S "EQUIPMENT" AS DEFINED IN ARTICLE 9 OF THE UCC. IN ADDITION, "EQUIPMENT" INCLUDES ANY "DOCUMENTS" (AS DEFINED IN ARTICLE 9 OF THE UCC) ISSUED WITH RESPECT TO ANY OF THE DEBTOR'S "EQUIPMENT" (AS DEFINED IN ARTICLE 9 OF THE UCC). WITHOUT LIMITING THE SECURITY INTEREST GRANTED, THE DEBTOR REPRESENTS AND WARRANTS THAT THE DEBTOR'S EQUIPMENT IS PRESENTLY LOCATED ON THE LAND. 9. "CONTRACT RIGHTS" MEANS ALL OF THE DEBTOR'S "CONTRACT RIGHTS" AS DEFINED IN ARTICLE 9 OF THE UCC. 10. "TRADEMARKS" MEANS ALL OF THE DEBTOR'S 'TRADEMARKS" AS DEFINED IN ARTICLE 9 OF THE UCC. 11. "GOODWILL" MEANS ALL OF THE DEBTOR'S 'GOODWILL' AS DEIFNED IN ARTICLE 9 OF THE UCC. 12. 'TRADENAMES' MEANS ALL OF THE DEBTOR'S "TRADENAMES AS DEFINED IN ARTICLE 9 OF THE UCC. 12. ''GENERAL INTANGIBLES" MEANS ALL OF THE DEBTOR'S "GENERAL INTANGIBLES", AS DEFINED IN ARTICLE 9 OF THE UCC. IN ADDITION, "GENERAL INTANGIBLES" FURTHER INCLUDES ANY RIGHT TO A REFUND OF TAXES PAID AT ANY TIME TO ANY GOVERNMENTAL ENTITY. 13 'LICENSES AND /OR FRANCHISE AGREEMENTS' MEANS ALL OF THE DEBTOR'S "LICENSES AND /OR FRACHISE AGREEMENT" AS DEFINED IN ARTICLE 90FTHEUCC. ALL PROCEEDS, PRODUCTS AND SUPPORTING OBLIGATION OF ANY OF THE COLLATERAL NOW OR HEREAFTER ACQUIRED. CHOI/ 12402045.1 2 • 2004 122soc,1 e,11.ee5 EXHIBITB LOTS 1, 2, 3 AND 4, BOEING LAKESHORE LANDING, A BINDING SITE PLAN RECORDED UNDER RECORDING NUMBER 20041223000856, SITUTATED IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON ON DECEMBER 23, 2004 CHOI/ 12402045.1 3 • RECbftPING REQUESTED BY AND WHENRECORDED MAIL TO: Douglas Y.,. A~de,rson, Esq. Barack Ferraizano Kirschbaum Perlman & Nagelberg LLP / · .-_ ._ .. ,· · . 333 W'. Wacker Drive, Suite2700 _ .. Chicago, tlli~oi{ 60906 : · · .. · 1111111111111111 20050401000761 •.. FIRST AMERICAN OT 84, 00 ." PAGE001 OF 026 / /04/01/2005 11 :38 '•.,· c' Kl."G COUNTY, UR [SPAQE ABOVE UNEFOR Rl>CORD.ER'S USEO!'{LY] . Document Title: Deed of'.I'ruti, Ai~igri~e~t, ~ritj Agre6irt6nt and Fixture Filing g;:::: / .. -~::n;;;:n:;:~i~~~~hore, LL.C>. _ .. /~j1··~soT· 5:S'AM3· Legal De$cnphon: ., i. .. , • '., Abbreviated Legal Description: Lots), 2, 3 .. anf4, l3oeingbilie~hofe La1i'dinfr, BSP Recorcjing Np. 200,l 1223000856 ' · i / i · ., · · · ,.· , · r / Ful(I)gal Pescription: See Exhibit A attached·., / i _'. / ,e· Asseiisor's'Ta,i Paicel Nos.: 082305-9220-05, 082305-9221-04, 082305-9()11~08/082305- 9222-03, 082305-9079-07, 082305-9204-05, 082305-9037-08, imd 0823Q5~9iSUJ7 R~fere!lce ~s. ot'D9cttm~nts Released or Assigned: Not appli;abjf i · · This 0QC,ll.1Jleht Sef".eS ala Fl:>:tm,:e.Filing Under the Washington Uniform Commercial Code. Debtor's Organizati6n:AideriµficatioFJ Ndtnb~r: 3901152 .. ,.-' ' .,' .. ,• .. ·. oEtooF TJ,{~s+: AS;ic;~mNT, SECURITY AG~EMENT ANDFlXTTJRE FILING This Deed of Trust, Assignment, seiuriiy }\grne~eµt and ii,isr.u,e Filing (this "Deed of Trust") is made as of March30, zoos; Q}.T~NSWES,TERN HARVEST LAKESHORE, L.L.C., a Delaware limited liability company_ C:Grantor"), yvhoseaddress is 150 N, Wacker Drive, Suite 800, Chicago, Illinois 60606,' as granter, in .favor of l'RLAl', INC., a Washington corporation ("Initial Trustee"), who'se. 'addiiss is p:o. Box 2240i Brea, CA 92822, as trustee, for the benefit of BANK OF AMl<;RlCA;' N,A,: a ri~t~onaJ: bank.ing association (together with any and all of its successors, participants a,tid :isigris, ·:tende/:'J; whose address is 231 S. LaSalle, Chicago, Illinois 60697, as beriefi9iar:y. · · ··· · .. 277985_S.DOC .J. RECITALS .... . ·:.. /' > Graiitor has requested that Lender make the Loan (as hereinafter defined) to Grantor. /As·'a c.ondition· precedent to making the Loan, Lender has required that Grantor execute and · deliver this De-i:d of_Jrust, Assignment, Security Agreement and Fixture Filing to Trustee and .Lender. .. . . ',• iGkANTS AND AGREEMENTS :-: , .. •·"''"·., Nowj theryJ6;e, jri o;.aer t.o i~~ute ~DJ;t'to,make the Loan to Grantor, Grantor agrees as follows: \. ·· ·•· ·· /'Aiti~le I D6firutions ... , As used in this Deed ofTru$( the teym,S defjm:d iri the l'teiunble hereto shall have the respective meanings specified tbereiµ'. and .the following adiii!jonal terms shall have the meanings specified: · "Ac:~SO{ies" means all fixtures,. equipr4eny. systeni.s,,,,, .m~chi~ery. ,/fu~iture, fumishil'igs, appliances, inventory, goods, building a'nd.·con,struclion.m/lferials, ~uppfies and other lltticlef of p~rsonal property, of every kind aijd character,. titngibli arid ifltangible (inclvding software embedded therein), now owned or heteafter l)C(lU,ited bY $raI1tor, which are 1,10W qfhereafter attached to Or situated in, On or about the I.and or ImproVem¢11tS, or used in JOr nfcessaty tp th~ .. ~omplete and proper planning, devefop:rt)ent/ use, occupancy or operatiqn thereof;' c,r iicquifed ( whether delivered to the Land or stored· elsewhere) for use or installatiori in c;,t on the Lan'(;! or Improvements, and all Additions to the, f6regoing, all of whfol:) are hereby'<:lecjared to tie permanent accessions to the Land. · . •' ,. .. . ·""'··· "Accomrts" \neans ailaccounts>of Grantor within the meaning of the Uniform Commercial Cdi;!e 6i' the;.'State,/dci"ived fJ.'Om or arising out of the use, occupancy or enjoyment of the :/>rope.rt§ oi for,~ervitesJeI1deied therein or thereon. "Additions" means ~y a:rfcfalJ alteraq6ns, a~~tion$, accessions and improvements to property, substitutions theref&., and ,e:iiei(,a)!J-'and)'eplaceri:ieiits t~ereof. ····"'.-, .-•· ' .. . ,. ·:_,.···. "Beneficiary" means Lender and its s\lci':ess6rs,1111d .. as.:;igns. ;_. .... "Boeing Work" means that demolitiori atJd remediatiOh and·9ther work undertaken by Boeing pursuant to (i) that certain Agreement ,of Piirchase .imdi Sale anff"Joipt Escrow Instructions dated as of November 23, 2004, betwd11Borroweian<l'Thi ;B~eing Con:ipany, as supplemented by Supplemental Agreement of Purchase and Sale an&: Join( Escrow Instructions Agreement dated as of November 23, 2004,' and (ii) that certa.i'n D.em'olitibn· Agreement dated as of December 28, 2004 between Borrower ari'd-Tfie J3oeiipf,Cbmpany . .,, 277985_5,DOC -2· : ·· .. "Claim" means any liability, suit, action, claim, demand, Joss, expense, penalty, fine, judgrileht-or other cost of any kind or nature whatsoever, including fees, costs and expenses of ili'toiney;s/consultants, contractors and experts. , /l:Condintru\U1>n" means any taking of title to, use of, or any other interest in the "• . , _Property .. ·imder .. the exercise of . .the,power of condemnation or eminent domain, whether .. temporarily.o(pemianently, pyiany Governmental Authority or by any other Person acting u!ider or for tlie b¢nefit of). Go\,ern,rnintal Authority. . •' .. .. . •' ... , . ,,•' ., ... . •: ,,. •',, •''Coridemnation/ A~ards? ,intkn~ ... abY' !\lld all judgments, awards of damages (including seyerance ll!'id cbns'el]iitjitial d&wages)/payments, proceeds, settlements, amounts paid for a tal<lngjn''lieu'of \:'.onde\nnati¢i,"oibther compensation heretofore or hereafter made, including interest thefeon,,and.:the)right to receive the same, as a result of, or in connection with, any Conde1Unati<m o(thr.eatert'ed,Condf:_mnation./'·, "Contract of Sale" mea;s ariy crintra£t1'or t\)e,~ale of afbr frny part of the Property or any interest therein, whether now·iti e~;istence:or l),ereafte.r ~xe¢uteµ. "Deed of Trust" means this D&d of Tz:ust,, Assi,gnrrent/Secunty. Agree;iient and Fixture Biling/ ll,S the same may from tfu:ie to t(ine/ be 'exteild.!,ci;· amended/ re.stated, supplemented or otherwise modified. "·' ,. . . . .. ···· "Default" means an event or circumstance which; v.iiththe pviJig ofNo,tice or lapse of time,{or both, '¥oulc\ constitute an Event of Default under the ptovisfons otihis°'Deed of Trust. ·-·.· .. ,.,, .. ··:~ . .."Design BJid. Construction Documents" means, collectiv~iy, .. (a} a1r·contracts for services to·"i:,e reridered, work:to be performed or materials to be supplied-in the development of'the Land or' the ccmsti:uction or repair of Improvements, including ali"~greements with architects, .. .e1fgill.'eers/ or :contractors .. fqt such services, work or materials; (b) all plans, drawings and specifis:at;ibns Jq!'the development of the Land or the construction or repair of Improvements; (c) allpe!TJ)lts, lic.en·s~s, variiuw~s and other rights or approvals issued by or obtained from any_ G9Yen\meiJial Aqµior-]ty ior other Person in connection with the development of the'·tand:or ,'the constrtictioil oi 01:epair of Improvements; and (d) all amendments of or suppleme~ts toartypf t!'ie foregoing.,' "Encumbrance" means ahytieri, eaS'emeilt, righ(of lay;t9adway (public or private), condominium regime, cooperative housing· ·tegime/ condjtion,\ .. covenant or restriction (including any CC&Rs in connection witl) .. ;my condominium development or cooperative housing development), Lease or other matter of ariy n'atun:i that"'V,,,ould affect title to the Property. · · · · · · "Environmental Agreement" means the Environqien~ Iµ~em~fficati\:in•an4 Release Agreement of even date herewith by and between Grant'oi-a!ld Ll:rider,pertirinhJg,to fue·. Property, as the same may from time to time be extended, artien~di resiat~··o1:.otherwise ... . ·:,.,.:.·.. . 27798S_S.DOC .3. - mqi:lified. The Environmental Agreement is one of the Loan Documents, but this Deed of Trust &,es not secure the obligations of Granter under the Environmental Agreement. " .. . .. '.'Even( of Default" means an event or circumstance specified in Article VI and the /i cc<:mtinuartce of suc)Levent or circuIDstance beyond the applicable grace and/or cure periods therdor, tf any,sei forth.in Article VJ. .. ,, . . .. . ...... . i"E;pf~sel-~eans ~i!"'fee;._dharg~s, costs and expenses of any nature whatsoever incurred at any time)mdfrqm time. to µme '(<;yhether before or after an Event of Default) by Beneficiary\ or Trrtstef inC makirig'.' ·fun9i.itg,/atjrninistering or modifying the Loan, in negotiating or enterin.g into anf'·''.)Vorkmit:' of tl}e Loan, or in exercising or enforcing any rights, power{ an.d···fernedie~:'provlded ii{°.thi~ 'beed of Trust or any of the other Loan Documents, including reasonable atton:iey's'.fee~, court costs, receiver's fees, management fees and costs incurred in the Jipair/mai;fite;ance:' and··opei:ation of,ioLtaking possession of, or selling, the Property. · · · · · · · · "Governmental Autho~ity" !,leans !tlly gbvetnipent,ii ot· quasi-governmental entity, including any court, department, com'tni;;iiol'i, bqard, buriail agency,.-ru4!:iinistration, service, district or ,frhi::J instrwnentality of any goverri.meiital'e!ltity.· · · ·. · . ,• -. .. ,'· ?Guarantor" means, Asian Realty Partriers-U;'Lj>., aridjts·succe&sorsand•'assigns. / "Guaranty"i means the Gnaranty Agreement 6f evin date.·here"Witli e:,;:~uted by Guarantol forC:the .benefit of Lender, as the same may from time to_. time be extended, aT9tnded, res/ited,i~uppj~mentcd or otherwise modified. · ·· . . ' ,,' ·. · , ;'Irnproyeirients'" me~s all on-site improvements located on the Lii.n4/together with all fi)(tures, ai;i<l appm;tenaj:Ices now or later to be located on the Land and/odn such improvements; provfded,'hmyevi::r;"lliat some or all of the Improvements is in the process of being demolished; itl:>,~·iig tti~intention ci-f Borrower to develop the Project. ./ .. --.-. .. "Insuranc~ f.n,lclied~" rri~ans 't:he:insurance claims under and the proceeds of any and all policies of insurance coyeririg the Prop~rty_ 6r any part thereof, including all returned and unearned premiums with Itspecffo :<ID)'. ins)l'rance ri::lating to such Property, in each case whether now or hereafter existip.g or,.ruisjng .. · · ··-,.,,, .. ·· . -· "Land" means the real property de~cri6ed)n Exhil>it A ai\aehed hereto and made a part hereof. · ·· ·· · ' · · "Laws" means all federal, state and locaf Ia~s, _statutbs, !'\lie$; or~nar\ces, r;gulations, codes, licenses, authorizations, decisions, injunctionI';ihterpretations, ord¢rs o~_qecrees of any court or other Governmental Authority having jurisdiction af maY bt ih effoctJrom tin:ieJo time. ·· ., · ·· · ·· · · · · · · Z?'798S_S.D0C -4. . .· ."Leases" means all leases, license agreements and other occupancy or use agreements (whethet,.oral or written), now or hereafter existing, which cover or relate to the Property or ~ii/ pai:t>ihereof, together with all options therefor, amendments thereto and renewals, /mOdifj~ions :and guaranties thereof, including any cash or security deposited under the ·· Leas,is to_'secl.ire perfoi:mance by the tenants of their obligations under the Leases, whether .such cas)'i or security is to be he!(;! until the expiration of the tenns of the Leases or applied to .: one or iriore 'of the jnstallri:i.ents 6f renttoming due thereunder. .• .. . .. . .,· . '' ' ·~· .'-. ''l:.:ieri" mealjs a~y i:p.ortgdse,,, afed gf Jrust, pledge, security interest, assignment, judgment, lien oteharge ofany .. ~IJd,.includlni a)'ly conditional sale or other title retention agreement, anq the filirlg qf, or)1gr6!,ment ·tp glve/imy financing statement under the Uniform Commercial C6de{>(anyjurisdiction. ' . . . "Loan" means {ti,:J6an fiom.'Beii~fici~ry.-t1:rGrantor, tlle Typayment obligations in connection with which are evidencaj'byJhe No1e: ·· "Loan Agreement" me~~i~e Teim loaii:"~gi~eµient ~f'even date herewith between Grantor and Lender which sets forth,.i;fuorig other thin'gs; th{ teJJ1IS"8l]d conditiqns upon which the.pfoceeds of the Loan will be disJ:mrsed;'°as th¢ same rjiay from.time t6 time be extended; amended, restated, supplemented oro.therwtse modified ... ,, ./·' .• . ,, .•.. ,,",,, .. ):;Loari J)ocuments" means this Deed of Trust'. th~ Note, th/ G~arli~ty, the Envi~nmyhtal Agreement, the Loan Agreement, any Swap Contract, ;rtly/application or reimbursl!inent'agn;bment executed in connection with any Lettyr of.C~it/ancFany and all ot\ler docum,ents whi~h-·Gr\lntor, Guarantor or any other party oi-"pJ\Tti~s jl'ave.,executed and delivere4,...6r may. hereafter execute and deliver, to evidence, seci.ir~ or_.i·guarantee the Obligations, OJ'., 'lll)y pait·t!J.erepf, as the same may from time to time be ext¢nded, amended, restate;\ s~pplement¢ orbtherwiJe n:i9dified. ... ,• .. ,-· . .. ··. ·· "Note" 111eaJs .. !Ae pf~fuissory Nbte of even date herewith in the original principal amount of Thirty·.fy.[illion,artd No/100Do)lari(~O,OOO,OOO) made by Grantor to the order of Lender, as the same·maffrcim t,i'me to tirile,be ~xtencjed, amended, restated, supplemented or otherwise modified. · · ·· · "Notice" means a no;ice,. n:q6es{ cort:enl demaii~ ~-other communication given in accordance with the provisions of Sectibn 9.8.pfthisbetd ofTrust;, ,• . -· .. "Obligations" means all present and fritu~ deb.ts, 6bligatio,m. and iiabilities of Gran tor to Beneficiary and/or Trustee arising pursuarittq: and/or' on accotint:bf, the provi.sions of this Deed of Trust, the Note or any of the other Loan Do.cu/nenli, ifltluding,(I,e obligations: (a) to pay all principal, interest, late charges, prepayment ptemiums (If ipiy).and otlJer.am6.unts .due at any time under the Note; (b) to pay all Expenses, inderrihificati6n paymefltiifees and other amounts due at any time under this Deed of Trust or any o(:the, ·other io1n D.6cumeiits, · together With interest thereon as herein or therein provided; (c) to,.pa)' ·ahd )SetfOTI)!·al! Z77985_S.DOC .5. obligru..ions of Grantor under any Swap Contract; (d) to perform, observe and comply with all ofthe other terms, covenants and conditions, expressed or implied, which Grantor is required \i) pbrfoi:Il'.i, ·observe or comply with pursuant to this Deed of Trust or any of the other Loan /Documents; and (e) to pay and perform all future advances and other obligations that Grantor of any sui:cessor il)..oy,>nership of all or part of the Property may agree to pay and/or perform (whetheF·as .prjJJ.6ipal, ·surety or_guar;antor) for the benefit of Beneficiary, when a writing _-· evidences the parttes,'._ agree~µ{ thatjhe advance or obligation be secured by this Deed of Trust;.·.-exc\uding/.however/ ihe debts, ob)igations and liabilities of Grantor under the Envin,nn1enfa1 Agreemc:fori, Thi$, pi&d o( J:rust does not secure the Environmental Agreerrient, :Jhe'·,Gtiarapty cir <).ll_Jjbiher.J-..-lap: J?ocument that is expressly stated to be unsecured. "Permitted En()lJmbfanc¢ts" rn2it¥. (a)any matters set forth in any policy of title insurance issued to Berteficlary and insm;ing Beneficiary's interesd.,11 the Property which are acceptable to Beneficiary"'as ofthe_.·dat¢ her6of;°"(b) theLiens ~ndJnterests of this Deed of Trust, (c) any other Encumbrance,--thaf Be.heficiacy-·shalLexpres~ly approve in its sole and absolute discretion, as evidenced by a "miu-ked-1;1p" c6m!fiitinerif for title insurance initialed on behalf of Beneficiary; (d) any rightsiTh~ B9eing Company mily hav~ to enter pnto the Land and t6 perform the Boeing Work; ani! (e)· '.tla$es entered Jnto by 13,orrow<,J.' that are otherwise°permi'fte_d by the Loan Documents. \ ,, ,,-·" · / 0 _O _ . _··:,:,_:<' , -\. /. / ?'Peri611," means an individual, a corporation, ,{p~~et~hip,-a j.-Oint V~n-~re/~ limited liability C(}ropa~y, a":trust, an unincorporated association, any Oovei:rurient;il /\.uthc,irity or any oth!,!r en(ify. ; . . _,/ -C.:'P(lrsonalty!'' ~ea~tan personal property of any kind or na{w:e 1,1hatsoever, whether fangible or int.µigible ~ncl whether now owned or hereafter acquired, in <.vh,ich Grantor now has ·o~ hereafter acqufres'an inten:,tand which is used in the construction of, or is placed upon, or"iii" derived/from 0( used in connection with the maintenance, use, occupancy or enjoyment of, th)l Property,"11/cluding (a))he Accessories; (b) the Accounts; (c) all franchise, license, management or o.thef agreem~nts wi\hrespect to the operation of the Real Property or the business conducted-therein (provided a)! of.sue]),_ agreements shall be subordinate to this Deed of Trust, and Beneficiary\)lall havi; no _iesp(insibility for the performance of Grantor's _ obligations thereunder) art.cl all general /intangib!bs (iIJ_cJuding payment intangibles, trademarks, trade names, goodwil),,softwarc;·and,symbols) related.to the Real Property or the operation thereof; (d) all sewer and fyater.taps, appl'irtenant water stock or water rights, allocations and agreements for utilitiesibond,s, letters tif ciealt, peri'iritsicertificates, licenses, guaranties, warranties, causes of action, }utigtne1rts, Claims, profits, security deposits, utility deposits, and all rebates or refunds of fees, Taxes/ ass,essrr,bnts; chll!"ges'° o~,depc,sits paid to any Governmental Authority related to the Real Pp)jierty' orJ:he ope_tatic,n therellf; (e) all insurance policies held by Grantor with respect to the PropertYor Grantor's opetatimi theryof; and (f) all money, instruments and documents (whether tangible or el_ectron,ic)"atising fronfi::,r. by virtue of any transactions related to the Property, and all deposits and 4eposit~c<\unts>of Grantor with Beneficiary related to the Property, including any suclic_deposit-ac'c9Gnt frol11 2779!5_5.DOC -6- • ·=··,,,,,.,.,,...,-= wh,ic:h. Gran tor may from time to time authorize Beneficiary to debit and/or credit payments due with· respect to the Lol)fl; together with all Additions to and Proceeds of all of the f oregoirig: .... ,· .. -i· ;;Proceeds".ll,l.!Jen used with respect to any of the Property, means all proceeds of such l'rop~rty/incluciifig all'lnsurance ;[>rQ~eeds and all other proceeds within the meaning of that .. terrb as defined in the Unfform Comm¢rcial Code of the State. :· _:' . :.' ./' ,.. ·: _,··\) / .... ·· "J:>toperfy" nieani tl}e Real:Propei-i'y'':jnd the Personalty and all other rights, interests and benerits--0r every ki11<l arid cbata.c!llii-wbii;ili Grantor now has or bereafter acquires in, to or for the benefit of tbeoRea!'Prope~ and/6~ the,Ptrsonalty and all other property and rights used or usefui"'in,. c6~nection/thereWith_, ii19fo~i'i!g all Leases, all Rents, all Condemnation Awards, all Proceeds, and all of GraDctot·~· ng!J.t, titk and interest in and to all Design and Construction Contracts; and.all Contratts of saie .... -· .. ·· . . . . .. ·• : "Property Assessments" mean§ all' 1'\lXes,,·payrrtents i~ 1f~u of taxes, water rents, sewer rents, assessments, condortiinillm and' oW'iler·s· associiltiojl assessments and charges, maintenance charges and other govenirn,ehtal or}nunicipal or pubHc;.or .. ppvate dues., charges and levies and. any Liens (including federal ~ liens)which are' or.may be leyied, i!llpqsed or assessed_i.ipon the Property or any part ther6o.f, or itPDJ;r'any'Leas'es···otany--Rents, ?ihether levied directly or irt,:!irectly or as excise taxes, as'ii1COml}'tax¢s, 9fothetwise. : ; . ·.· ,· "R¢il Property" means the Land and Improvem~iits, together.\.'\rith {~)all e;states, title intetests,,.title reveciion rights, remainders, increases, issues, profits., rights.•of way or uses, addition( ac~tiorls, servitudes, strips, gaps, gores, liberties, priv'ilige:i. water rights, water Cl:Jurses, aJJeys, iJ?aSsages, ways, vaults, licenses, tenements, frahehi~es, . hereditarnents, appurtenances,.eaieme,nts, rights-of-way, rights of ingress or egress, parkiw rights, timber, crops, rniner11l"intere&ts arid other rjghts, now or hereafter owned by Grantor and belonging or appertain'ifig to the Lamfor Ifupr6vernents; (b) all Claims whatsoever of Grantor with respect to the Land or ~proverneDcis/eitherin law or in equity, in possession or in expectancy; and (c) all estate, right, title ~n'd.foterest <'.\f Gtanfor. in and to all streets, roads and public places, opened or proposed'; nov/ or)hereafter adjoining ,91' appertaining to the Land or Improvements. "Rents" means all of. the -~~t_s, royalties, ,issue;, prqfits, revenues, earnings, income and other benefits of the Propi::J!y,,·'or .arisibg from;'i:he: us1/,.or._enjoyment of the Property, including all such amounts paid under 9r arfaipg'from any of'the Leases and all fees, charges, accounts or other payments for the use br occ,µpancy of roo'mS:or other pqblic facilities within the Real Property. · ·· · · ·· •', •' . "State" means the state in which the~~~ ii/Joo:ited:·· "Swap Contract" means any agreement relating t&·;iny transactihn tha:t--~ a rate'~\iiap, basis swap, forward rate transaction, commodity swap, commodittoptiori, t,quityiot'equitY index swap or option, bond, note or bill option, interest rate opticin,forward for~ign exc~au.ge 277985_5.DOC -7- traii'saction, interest cap, collar or floor transaction, currency swap, cross-currency rate swap, swap' o'ption, currency option or any other similar transaction (including any option to enter iilt(;>' the::Of6reg;9ing) or any combination of the foregoing, and, unless the context otherwise dearly .. r<equires, any form of master agreement published by the International Swaps and Derivatives Asso~iation, Inc., or any -other master agreement, entered into between . Benifficia'ry (or,its affiliate) and Qrantor (or its affiliate) in connection with the Loan, together / with any rel!ded s,ch¢uics ;ind· conprrnations, as amended, supplemented, superseded or 're.placed fi:6i:n time toJime, relating to or goycming any or all of the foregoing, but only if the Swap'Corttract i$ evi<lencMby a wbting"'reciti.tig,that it is secured by this Deed of Trust · .. :: ·.: ., ,,:· .... .· / ./··~,:, ,-•:;,/ _(_: ··::. "Taxes" means' ali"taxes"'iihd assi\ssm~ts, whether general or special, ordinary or extraordinary, ''or ... fci·~esein of unf6resyeµ',.,whi~h at any time may be assessed, levied, confirmed or imposed J;y ai;(y Gov'emJriehtfil ,j:i.lthority or any community facilities or other private district on Graritor or on any of its,prop.erties·c;r assets or efhy.part thereof or in respect of any of its franchises, b~~ine,s;s, iricoroe oi prb'tits. . • ', "Transfer" means an/dlr~t or 1£<th-ecf.~al6; .iisigri;(ih~, conveyance or transfer, whether made voluntarily or by operiition of Law or otiiel'wise; and"whether made with or without corisidcration. ,. . . ' . . -- '.'Trustee" means the Initial Trustee or its-·suc~e~Sor i~ trtis'f'Who fuay'beictiJlg under and P1;1fSUal)(to, this',Deed of Trust from time to time. . . .·-. . .· Article II Granting Clauses; Condition of Gr~t"" -.. -.~ec~on i.f···· Conveyances and Security Interests. In order to':se9hre the prompt payin,ent andi ptrfortna'nce i,of the_ Obligations, Grantor (a) hereby 'irrevocably and unconditiorially iraI)is, <::bnveys,·transf-ers and assigns to Trustee, in trust, for the benefit of Beneficiary, wif!i pow.er of,;'s.tle an_cl right of entry and possession, all estate, right, title and interest that GraiiJor now.has· or niay)ater acq1,1ire in and to the Real Property; (b) grants to Beneficiary a sectirityAriterest J'n the Personalty; (c:) assigns to Beneficiary, and grants to Beneficiary a security interest fo, aj.1 Conclermriition Av;ards and all Insurance Proceeds; and (d) assigns to Beneficiary, and graii~ to B~efidary a security interest in, all of Grantor's right, title and interest in, bulnqt !lllY or" Gr,mtor's 01:liigatio~~ orliabilities under, all Design and Construction Documents, anct'all Contr~ts.bf Sale. All Persoris who may have or acquire an interest in all or any part of the Pr6perty .. wi1Lbe dee:p'ied to h~ve nqtice of, and will be bound by, the terms of the Obligations ari1 ea_ch 6ther· agu,em.ept or instrument made or entered into in connection with each of the Ohligations .. /Suc_h terms Jnclude ,an;q;irovisions in the Note, the Loan Agreement or any Swap Contia9t ,which pr<'>vide th,atthe intefe$t rate on one or more of the Obligations may vary from time to tim({ · --· -- 2779&S_S.D0C -8- .... GRANTOR REPRESENTS AND WARRANTS THAT THE REAL PROPERTY CONVEYED BY TIDS DEED OF TRUST IS NOT USED PRINCIPALLY FOR AGRICiJLTURAL PURPOSES. . ,·· Section· 2.2 ..... ,Absolute Assignment of Leases and Rents. In consideration of the -.... .-inaklng Of th.e L6an by Beneficiary .. tqGrantor and other good and valuable consideration, the / receipt .'and' _iuffisieJ:Jcy ':.. of,.,fhich ;are hereby acknowledged, Grantor absolutely and wicon.ditioii.ally ,issigi'ls t.he.,·Leas~··and .R~pts to Beneficiary. This assignment is, and is intern-led to be, ail unconclitfi;mal, ab;,ohi.te and,pr_y_sent assignment from Granter to Beneficiary of all Of Gront6r's rig!],!', title a1)_g'fotere~Hn arid, to the Leases and the Rents and not an assignment in,!he nature 9f a pledge of thl), lias~ and Rents or the mere grant of a security interest therein>· So·· iong as no Ev6nt 9f_:J)efa4Ji shall exist, however, Granter shall have a license (which license shaH,termiriate .itutoinat,kally and without notice upon the occurrence of an Event of Default)to ctllect; but:hot{nior to .accrual, all Rentt, Gran tor agrees to collect and hold all Rents in trust for B~nefri:iary all'cl uiuse the Rents fpr ¢e payment of the cost of developing, operating and mainti:iini)1g the Property arid foL_ihe payment of the other Obligations before using the Rents fo(any ... other p\irpose, ,/ Seeiihn 2.3 Security· Agree~;~t. Fixture Filing and Financing; BtatemehL, This Deed of Trust cte~tes a security interest in the I'ersol)alty; and, to the·'extent the I'ersqilalty is not real pro.perty/.this Deed of Trust constituf~s. a .,iecurity,·ii.°greetfleht ftorµ' Granter to Benefitiaryui'itler the Uniform Commercial Code of the SfatfJc In-atldition-to all qf its other right.$ und6r this De:ed of Trust and otherwise, Beneficiary sha!T'hav~ al} ofthe.rights of a secured party tindt;f the Uniform Commercial Code of the State,, af in/effect .from time to time, or'undlJr the.Ul)~fcrrmCommercial Code in force from time to ijine in'any other state to t/ie extent.the si¢11ds applicable Law. This Deed of Trust shall be iffei;:tive: as a financing sia~ment filed, as,a fi1-tun; filing with respect to all fixtures included within the Property and is to befil,t:~forfecoftl in/thefoal_.estatt; records of each county where any part of the Property (including such fixtl;ll'es,'is situated. Thi~ Deed of Trust shall also be effective as a financing statement with re.spettfo ap\:'otht;.r Property .;is to which a security interest may be perfected by the filing of a financ_iifg,statyfuent,and rnay;be filed as such in any appropriate filing or recording office. Th't,·tespectiv¢ mailin_[(acldre:;ses ofprantor and Beneficiary are set forth in the opening paragraph of this Deert·'ofTrust. A carbon/photographic or other reproduction of this Deed of Trust or any other fin:iricirig smtenienttelatirtg to this Deed of Trust shall be sufficient as a financing statem6ntf6r ariy of the.purposes rderred,to in this Section. Granter hereby irrevocably authorizes Beneficiary aianj time _artd froin tiniii . .toJime to file any initial financing statements, amendments there/9. ~nd ,confinu,ation staiemeti'rs as authorized by applicable Law, reasonably required by Beneficiary to' establistf'·qr maintain the validity, perfection and priority of the security interests gtanted iri thisDedd of Trust./ .... , · . Section 2.4 Reconveyance of Deed of T~~~ andTeITI1iri:tion'~f Assignments and Financing Statements. If and when Granter has paid and ~rfq.1111ed ,all ()ft~e 09ligatiotjs, Trustee, upon request by Beneficiary, will provide a reconveya:hceiof:theiPrqpeny from 'ihe lien of this Deed of Trust and termination statements for filed financing statements)f ariy/to 2J79ES_5-DOC ::. '·:=:-,.,,,, .• ,,•' .:' -9- Grahtpr. Grantor shall be responsible for the recordation of such reconveyance and the pi!~rri~nhif any recording and filing costs. Upon the recording of such reconveyance and the jj1ing o(such,termination statements, the absolute assignments set forth in Section 2.2 shall /aufom~tipall y terminate and become null and void. ,. '"'~ Rbresentations and Warranties Article III -~: Gr~tor rnak.J thffollowitig;epresent!\!ions and warranties to Beneficiary: :: ,. .--' •' ·, ', .... .:.·,: . .. Sectitm 3.1 . 1'itleto Rbi1<~ropert;( pr~htor (a) owns foe simple title to the Real Property, (b) 6\'l'.I)~ _all of _the t?eneficial anfe,ii1J.ita.ble interest in and to the Real Property, and (c) is lawfully seized and po,sessed of the :\{ea(Property. Grantor has the right and authority to convey the Real Propert¥ and doos )ler~y ~6n".\iY-the: Real Propei:t-Y with general warranty. The Real Property is subject to 110 El)'cumbrance:s··other than the 1,krgiitted Encumbrances. Section 3.2 Title to 0th& Pfopyrty( Grii~tci~.h~s g66d,title to the Personalty, and the Personalty is not subject :o any Epqumbrance other·than the Pem.iitted Encumbrances. None of tlie• L,eases, Rents, Design and 'ConJtnictio11 Documerits,,.:and Cbn\racts of'Sa,le are subject tc,·imy Encumbrance other than the Penp.itted ?ncµmbrlmces;·,.,·· · · :-.:,.-· Secti,oh 3.3 ·••.·.. Property Assessments. The Rea;( Propedy is __ as~esseGf frj" pllrposes of Propdty Asses-~me11ts as a separate and distinct parcel frofu any qth~r,,i:iroperty; SllCh that the Rea}Propbrty shall j1.ever become subject to the Lien of any Property Ass·es~inents levied or asi,essed,'again:st any prop~rty other than the Real Property. ... : -· ,, . ,,' -. ·· .. Article IV Affinnative Covenants Section 4.1 ..•. Obligatioh~: ~;~tor agrees to promptly pay and perfonn all of the Obligations, timi),being" Of)fieess~licein eac])case. Section 4.2 ·,"f>i-operty Assessments; D6currientary Taxes. Grantor (a) will promptly pay in full and discharge all Pr6'perty Assessrnents; am! (l:l) will furnish to Beneficiary, upon demand, the receipted bills for_suc~.-Prqperty Asses~mepts prior to the day upon which the same shall become delinquent. Property Assessments shall be·cofrsidered delinquent as of the first day any interest or penalty commences td·accrtie ther€:On. Grzjitorwill promptly pay all stamp, documentary, recordation, transfer alio intangible·tax~s and all other taJCes that may from time to time be required to be paid with-~spec!to ;!\e Loan,ilie Notii, this _Deed of Trust or any of the other Loan Documents. · · · ·· · · · · ·· ..... ' Section 4.3 Permitted Contests. Grantor shan ·Potbe f;qµi~6dto P11-Y any iil' tl:ie Property Assessments, or to comply with any Law, so long as Grantqt shal!•lhgood,faith, and· at its cost and expense, contest the amount or validity thereof, oi'ta)(~ 6the:t-?ppr6l)ri:1ie a~#on with respect thereto, in good faith and in an appropriate manner or by., appr9pria.Je 2J798S_S.DCX: -]0-······.~··'' prnceepings; provided that (a) such proceedings operate to prevent the collection of, or other re;iliziition upon, such Property Assessments or enforcement of the Law so contested, (b) there wlilbe:no sale, forfeiture or Joss of the Property during the contest, (c) neither .)3t:nefici,l/"Y ncir. Trustee is subjected to any Claim as a result of such contest, and ( d) Gran tor provides assurances-S11-tisfactory to Beneficiary (including the establishment of an appropriate -· · --fesetye aicount.\.Vlth Beneficiary) .. of.j\s ability to pay such Property Assessments or comply 'with suoh Llw in theeveiit Grantor isiiinsuccessful in its contest Each such contest shall be pr.pmptly pi-os~uted tb firia)it:onclusi6n 9r .. s;ttlement, and Grantor shall indemnify and save Beneficiary and ,Trustee \iaro:iless agajns'i all (J-Jajµis in connection therewith. Promptly after the settlii'meht or,coriclusion-of 5.ll(:!)"d6ntest,b1:(~c\ion, Grantor shall comply with such Law and/or pay an~ disc,M~rge· thf.~9unts \vhichihall be levied, assessed or imposed or determined to b<':' ·pliyabl~, together,\vith (ll]jienalties, fines, interests, costs and expenses in connection therewith. · · · · .,. · Section 4.4 Con°;pliance w.fth Laws'. Giantor ~ill comt,lyi\vith and not violate, and cause to be complied with and pc:){ violat<::d, 'all present and ,fu,iuie Laws applicable to the Property and its use and operation. Lender aclqiowl6d~s that'the Boeing Work is being completed \Jy The Boeing Company. · · --·.,. Intentionally Deleted_ Secti6ri'.'1,.6 -.-_ Additions to Security. All right/;~tie'and in,teres.t of draritor{~ and to all ~prov\jmerits ari!,l Additions hereafter constructed or pf ace# ori t)l.e Prope~y and in and to any Acceisoricis hereafter acquired shall, .without any furthe, deeg of trust, /onveyance, as~ignrn,ent or'othef ac,thyGrantor, become subject to the Lien ofihi's IYeed of Trust as fully anct corri.p11,ie1y, flii<l with the same effect, as though now owned by btantor aciid specifically des~ribed· in the grantil)g·>'lau~es hereof. Grantor agrees, however, to exetµ\e and deliver to Trust~ and/o{Beneficiary such flirtlier documents as may be required by the terms of the Loan Agreement an4· the;t,the.i" Loan D6cu_ments. Section 4:7_ Subrlg~tiou:··-'t.o the <ixttint permitted by Law, Beneficiary shall be subrogated, notwitiistandfogJts iilease ofreford,; to any Lien now or hereafter existing on the Property to the extent that sflch Lie11is paid.or discharged by Beneficiary whether or not from the proceeds of the Loan. Thi~ Sectioi). sliall l)bt be deeined o~ construed, however, to obligate Beneficiary to pay or dischargi:'>any.L1en{ · · -- Section 4.8 Leases. (a) Without the prior writterrconseut ofBe1fofi9iary; G:nmtc;,r shall not enter into any Lease with respect to all or any pl)rt\on of tl'le Ptbpefty that would cause Grantor to violate any provision of the Loan Agreement. . -. __ -_ (b) Neither Trustee nor Beneficiary shall b:e obfrgated to p,>no~ :.~r discharge any obligation of Grantor under any Lease. The assignment of Lease~ pioyide_d.for 277985_5.DOC .] ]. in \his.Deed of Trust in no manner places on Beneficiary or Trustee any responsibility for (i) th.e cbntr-ol, care, management or repair of the Property, (ii) the carrying out of any of the (erzyi.s arid cilnditions of the Leases, (iii) any waste committed on the Property, or (iv) any ./darige,ov.s or defective condition on the Property (whether known or unknown). ,· ,• . · (cf' No. approvaj .of any Lease by Beneficiary shall be for any purpose other · thl\11 to protect Bel)ef1ciary's. siurityiand to preserve Beneficiary's rights under the Loan . 'D6cum~nts, and nti' svth appfo'i'al sh!)11 result in a waiver of a Default or Event of Default. ··. &,ction 4.9 / .Insur~~ce. ~iinkr:~ii\Jtall times keep the Property insured in the manner and ·t<J th~"exteflt requi,M'jti the L<;>~n·A&f~ment. In addition, if the area where the Property is loc'i'tti:.d..is" now or Jil the'future,,tl118igiiated as a special flood hazard area pursuant to the Flood Disaster Protection Act of.1'973 (as amended), and if the community where the Property is located is participating iri the NationaJ-F\9od Insuran~e Program, Grantor will obtain and continuously°'inaintain ii Nitio/iaVFlood 'll)suran<ie :program Standard Flood Insurance Policy or equivalent' covtrin(i thi Pfopei;ty, Benef\ciar§ may, from time to time, require such additional insuran~e as Benef:idary_.·inay,,;le,terrni.rie, is reasonably necessary to protect Beneficiary's Lien hereunder dr.tq!lss'ure fepayment Of alltheObJigations. Sectiori'4,10 Insurance/Condemnati&n . Proc.eeds: All/ hisur~t¢/Cow!:;nation Awards will be paid to Beneficiary for applicatitm. •. totheObligaµons·inlhe manner a11'd to the extent provided in the Loan Agreement. · · .. S~~ion 4. n' Beneficiary's Right to Cause Performance O(Covif~arits. , If Grantor fails to 111aintain any in~1:rance and pay the premiums for insuraiice·aj reg'uired iri Section 4.9, tqpay ,all taxes, peµaliies;'assessments, charges, and claims as reqiiii:¢ #1 S('.:ttions 4.2 and 4}, or if'Grantqf fails to.keep:.or perform any of Grantor's other covenants.herein, Beneficiary ma:y.,obtain s9ch· insufance, pay such taxes, penalties, assessments, chargi\s, or claims, or cause ·swa··o'the{ coy~naµts tp b,e·petfo,med. Gran tor will pay to Beneficiary on demand all amounts paid by Beµepciary for the fotegoing and the amount of all expenses incurred by Beneficiary in connectiorr' t~erewiili:, toget!Jer with interest thereon from the date when incurred. Such ainount~·imd interest lire secbre(j by this Deed of Trust, which creates a Lien in the Property pri;r··to aily right, tit!~, .'inteifest,·lie11, or claim in or upon the Property subordinate to the Lien of thjs Deed<,f TriisL Any such pa):'ments by Beneficiary will not be deemed a waiver of any Defaajt B~riefidary is not qbligat~ tq exercise Beneficiary's rights under this Section and is not liable to Giantci~f?{anyfajiure fo do so. ·· ... Art.tc!e V Negati vi; Covenants' Section 5.1 Encumbrances. Grantor will nc!l pepnit,i.myof tile Property tq become subject to any Encumbrance other than the Permitted Encii.mbrances. :Withinii)#rty (3Q)'da,ys after the filing of any mechanic's lien or other Lien or Eircumbratlci{ aga/hs(the,Prop~y; Grantor wiII promptly discharge the same by payment or filing·· a :.bori(I 9r ci!herwise· as ·=·"' ,. ,. 277911S_S.OC,C -12- perri:rit.ted by Law. So long as Beneficiary's security has been protected by the filing of a bond or'otlietwise in a manner satisfactory to Beneficiary in its sole and absolute discretion, grari'tor.:'.'shall:have the right to contest in good faith any Claim, Lien or Encumbrance, ,,,provid~ that Grantor does so diligently and without prejudice to Beneficiary or delay in · completing cortstnJctipn of the Improvements. Granter shall give Beneficiary Notice of any .defatilt ui\der'anfLien.'and Notic~.ofany foreclosure or threat of foreclosure with respect to · an)iof the Proper!)'.,··\ / · .. . •' ,· .•' . ,,••;;,· / Si;b_bn 5,2 / Trailsfer of the Property, Grantor will not Transfer, all or any part of the Property (extept fo~.certain Tr;iiiilfers 9f,,the/Ac:-cessories expressly permitted in this Deed of Trust). The Transfer of any\i.the gerieral•piu:foership interest in Granter, if Grantor is a general partneii!hip{ ~r t,he 'I'fansfef of. a,riy !llfmbership interests in Granter which would result in Transwestern Lakeshore,L.LC'.having less than 51 % of the membership interest in Granter (whether in oneor.inorefransilctidns d\.rringtheterm of t)fo,yian) shall be deemed to be a prohibited Transfer ofthe ftop~ity./ · · · ·.. · ' Section 5.3 S1:9ti01l 5.4 Additional Impr~veri)ents,. •: Gr;aito[ wfa ndt\ constj.fict. any Improvements Other than those presently on. the L.,andi and tho!i'e ... desfribild ir,r the Loan Agreement w,ithout. the prior written consent o!'Berfeficiaryi Grantor wi1! complete.and pay for, within ;{feasoriable time, any Improvements which Grant6r is. pe1JIB!ted tci'coristruct on the pind./ Grantor will construct and erect any pemiftte4 Iniprovemy"nts:·(a)/strictly in accprdal)Ce wi.th al!,::'applicable Laws and any private restrictivepove~ant&;' (b) entirely on lots or/parcc:ds ofJhe I)mq,..(c) so as not to encroach upon any easenient'or right of way or upon the lantj, of.other.{ ,arid (d) \\'holly within any building restriction and' setb.ack Jines applicable to the Land. .. . . · ·· ·:. S'etuon 5.5 .. ' Ry~tridive·'t:ovenants, Zoning, etc. Without the prior written consent of Beneficiary, Draiitor' wil.f nbt ini\iate,:join in, or consent to any change in, any restrictive covenant, easeme,nt, zonirfg·'orditl~'c:e, .or .othi::r public or private restrictions limiting or defining the uses Which·inay bejnade <Jf.iheProperty. Grantor (a) will promptly perform and observe, and cause to be j:,erf6pled anq ·obirved,' ·ap of the terms and conditions of all agreements affecting the Property, and (1;,) w.iil do or citusiHo be done all things necessary to preserve intact and unimpaired ll):lY·~nd..-all ~erii.en\ti, :ippurl.en:i11ces and other interests and rights in favor of, or constituting any PP.rtiorio..f,,the Property: Aftitle .VI .·· Events of J)ef~ult. The occurrence or happening, from time toiirti:, 9fanf onb or··m;~ ,of th~· foll9wing shall constitute an Event of Default under this Deed of Trust:.: · · · · · · ·· 27798S_S.POC -13· , .... Section 6.1 Payment Obligations. Borrower fails to (i) make any payment of prfnciplll· or interest under the Note within ten (JO) days after the date when due, or (ii) goq1'ply.Mih·any other covenant contained in this Agreement to pay money, and does not cure ithat failu.re within fifteen (15) days after written notice from Lender. ' •' ,· . .. . . s.ltioh 6:2 Transfers .. Or.wtor Transfers, all or any part of the Property (except for Transfers oftl,e Accei;sories ~l\presslyipermitted under this Deed of Trust). The Transfer of . ally membership ihterests, i1vGrantor.'which.\Vould result in Transwestern Lakeshore, L.L.C. having less ,thari 51.: % <of/the rrieynbefship .fo\erest in Grantor (whether in one or more transactions'.during·the Jerrn'of tll{Ldil.n) .shail)ie'deemed to be a prohibited Transfer of the Property con~ituting p1 Evtnt Jif ~fault. \ · · -. ,, . ·• ,· ,• Section 6.3 . Other Obligations:'ciraf!tOr fails to promptly perform or comply with any of the Obligations set forth in this'D<;ed o,f Tr,ust·{other than Iho~e expressly described in other Sections of this Article Vi), aild ~ch_.failure continues ajic1¥'ed for a period of thirty (30) days after Notice from Ben1efi<;faryto Grantor,.uti1ess (a) sucfrfailure, by its nature, is not reasonably capable of being cured w,ithirf siich period(;irid (b) yi,'ithin such period, Grantor commences.to cure such failure and the:riafttr diligently pn:isectite~.the·cµre thereof, and (c) Grantor causes such failure to be cured no i~ter'thiiri.nirn;ty (90) .d,ays afki\the da£bJ such Notice fr6m Berieficiary. · · · · .. ·· · · · ;ecti6i\6.4 :: Event of Default Under Other i.kn.!>oe~ents, An.ive~t ri't Default (as definecf thefein) 'Occurs under the Note or the Loan Agreement, of Gra'nt<;ir oC:Guarantor fail{to promptly pa~, perform, observe or comply with any obligation or ,1grefmeht contained in)1ny oi the.,oiherLo;u,-Dc,cuments (within any applicable grace or ~&re t,eriod).· •· Se~~ion l5 Chang~ in Zoning or Public Restriction. Any mati:rilllchange in any zoning ordil)EinCe ors· re,gulation Qt;, any other public restriction is enacted, adopted or implemented th~t lirtlits_(>r d~fines the us~s which may be made of the Property such that the present or intenc;led 't1s6 of ,,U1e Pro.perty,Cas specified in the Loan Documents, would be in violation of such ·zi:ming _grdiri.am;.lort~gulatibrt or public restriction, as changed. Section 6.6 Inteniiona'llyDeleted:· Section 6.7 Defauri•Under::Othecilen'Docum~~ts .. A default occurs under any other mortgage, deed of trust or security agree!l?-eiit c6veringtlie Property. .. ' . . . . .-·· Section 6.8 Execution: AttachtnenC Any ia~ec.utiof!'or ll~~achcient is levied against any of the Property, and such execution or attiichn,ent _is not ser askle, c;!isc~ar.ged or stayed within sixty (60) days after the same is levied. · ·· · ·· · 27798S_5.DOC Article VII Rights and Remedies -14- _ _ ___ Upon the happening of any Event of Default, Beneficiary, or Trustee at the direction ofBenfificiary, shall have the right, in addition to any other rights or remedies available to "$eifefidaty\mder any of the Loan Documents or applicable Law, to exercise any one or more ,iofthe JoJJowing rights, powers or remedies: _ __ ~.ection}:l Acceleration ..... Beneficiary may accelerate all Obligations under the C Loan I)bcum\)hts YJhi:reupon s11th O~ligations shall become immediately due and payable, 'wi'thoµt ncitide o(defaul\'; l}iiifoe pf,,icceJ.~ration or intention to accelerate, presentment or demat1.d for payment{ prate#, notke ()f.protesJ; notice of nonpayment or dishonor, or notices or demands i:if an,y .. ltind-Or character/ah of.which are hereby waived by Grantor. . / ' ;,".,,:· .f . . . Sectio;;7.2 .. .,...Agpraisiil: I;~pecti9£, -~e~eficiary may pay such sums as may be necessary to obtain a currenfappi:aisatofthe ~fa! Property and/or other Property, to inspect and test the Real Propei;ty and)or (;they' Prdpecty,·"tOpay any/tll)<., assessment, insurance premium, lien, encumbrarice qt othh 9harg~ against the Pro¢rty; to obtain a title report and/or Trustee's sale guaranty/an such' expenditure~to be p11i,:I by Granter on demand and added to the Obligations. Secti011 7.3 Exercise of Le;~! ~jgfits; Foreclosuni: Pdwe,{of Sale:cBenefi6I!lI]y may exercise any one.qr more of its rights and rerrteqies u~iieftheLoanbotii!llerits ancl'applicable Jaw includin/:, witfiput limitation, foreclosure of thiSbe¢d ofTrust}iidicially as ajnortgage or non-judicial!y'pursl'tant to the power of sale granted heieirf T;hlstee-may sell the Property in its el!tirety or i~ pa1,i::els, and by one or by several sales, as deemed appTOJ?ria\6 bf Trustee in its _sble :µid ahlolut~ discretion. If Trustee chooses to have rhpre tli,an gneJ'on,tlosure sale, TI'iisteeimay.cause° th.e-foreclosure sales to be held simultaneously' orisuecess\vely, oo the same day,,or on suc-h'diffei'ent days and at such different times as Tn'.istee,fnay.elect. Trustee sha_ll receive andapply-th.e prpceeds from the sale of the Property, or any pprtion thereof, in acci:itclance_)','frh,app}foal)Ie Law .. Gr:intor and the holder of any subordinate lien or security interest with acti:!al 9r C(lTIStractive notice of this Deed of Trust waive any equitable, statutory or other right to-reqlii.re' maf.;halling-,l asi;ets or to direct the order in which the Property will be sold. · _ _... · ·" · ·· ---·· Section 7.4 Collettioh of Rents, : Up~n th~·occurrence of an Event of Default, the license granted to Grantor'":-to collect \he _Rent_s sh.ail J:ie .p.utomatically and immediately revoked, without further noticttQ,or'demancl upon Granwr. fi.eneficiary may, but shall not be obligated to, perform any or all obligations of.the land\brd under an,y or all of the Leases, and Beneficiary may, but shall not be ob!fgatedto, ei,,erqise anc!,enfotce any or all of Grantor's rights under the Leases. Without limitati6i(to _the generali\y of-the foregoing, Beneficiary may notify the tenants under the Leases tha(all _Rents ar¢ to.'be paid. i:o,.Beneficiary, and -following such notice all Rents shall be paid directly.t<:i Be11efic:iary.imdhof to Grantor or any other Person other than as directed by Beneficiary, it 1:!6in1f unders_t66d thafa deina.nd. by Beneficiary on any tenant under the Leases for the paymerit of Rehfshl\lLB~' sufficfont.,to warrant payment by such tenant of Rent to Beneficiary without' the n~essity b( furili~r consent by Granter. Granter hereby irrevocably authorizes and difects_ the'lerial!ti jindff't~e 277985_5.DOC ·15- Leiji,eto pay all Rents to Beneficiary instead of to Grantor, upon receipt of written notice from:l~erieficiary, without the necessity of any inquiry of Grantor and without the necessity of \fete.iminirij(th,e existence or non-existence of an Event of Default. Grantor hereby appoints ,/Behefi,ciiµ-y as\Grantor's attorney-in-fact with full power of substitution, which appointment shall Jake! effect upon .. the occurrence of an Event of Default and is coupled with an interest . imd is infvo,faj)le prio{tQ the full <IDr:l final payment and performance of the Obligations, in i Grantor's name or)n Beilefo;:Jl!ty's n_ihne: (a) to endorse all checks and other instruments 'r~eived in' pilyment gfRen\s°and tcnleposit)he same in any account selected by Beneficiary; (b) to give iecefpts ind:i-eli;ases lii, relation th~reto; (c) to institute; prosecute and/or settle actions for the rec6verj' ofReJJf%((ctJ to, mbgify,the terms of any Leases including terms relating to the Rent~··payable.theri;under;,.,(e)'t9/cancel any Leases; (f) to enter into new Leases; and (g}to-do all other actf anci tfii,rigs,with respect to the Leases and Rents which Beneficiary may deem riece~sary or desfrii1Yle t9 protect the security for the Obligations. Any Rents received shall be a,pplied,first .fo piiy iii! );lxpeilses and n,;:iiqn reduction of the other Obligations. Grantor shail pay; on'.deri:Jand; to Beneficiary, the ~ount of any deficiency between (i) the Rents received: by Befi~fic;lary, and (ii) all Expe,rt;es incurred together with interest thereon as provided in the 1.o;m Agreement and th,i;i o\her toan Documents. ,· .. . Se¢tion.7 .5 Taking Possession or Coritt61 of the Property. As ii mau,l bf right without bond and.without regard to the adeqiiai;y of)he Sec~rity,,f!~d>\ci'the ~xte~i pcimitted by Lmywithput notice to Grantor, Beneficiary shall bei'ntitkd, upon appiica!io1rto ~court of comp<;tent jiuisdictfon, to the immediate appointment bf.~ ·reyeivyr·for aU6r any part of the Prop,6rty ~rid th,e Rents, whether such receivership may be incidcntaHti a {ioµ6se<l:sale of the Property or ot)i:erw/Se, and Grantor hereby consents to the appmntmeyt of such <\teceiver and agrees Jhat ,such .receiver );hall have all of the rights and power( w,nted _to Beneficiary pursuaritJo·Section-7.4. In agdition, to the extent permitted by Law, a.bd,witl:r' or without the appqintment ofatece\yet; or :jn application therefor, Beneficiary may (a) eiiter upon, and take possessi.()_1:i,, of (and (}rantor shalJ. sun;ender actual possession of), the Property or any part thereof, without:notjce Jb Gi:imt6r and \vjthotit bringing any legal action or proceeding, or, if necessary by force, legal pfocee'4ngs, e]ectn1.ent or otherwise, and (b) remove and exclude Grantor and its agents and''emplojiees'therefrom:: ... ,· •' .. .-...... . Section 7 .6 Mamigenient of thi Pr6perty'. • Upon obtaining possession of the Property or upon the appoiil.l_ment ?f airecdve( as_deefrlbed in Section 7.5, Beneficiary, Trustee or the receiver, as the i::ase-·may' be/may; at jts sole ,<'iptloq, (a) make all necessary or proper repairs and Additions to or ur>9n the Property; (b)pperate, .lll.aintain, control, make secure and preserve the Property, arid. (c},:corgple,te tbe construction of any unfinished Improvements on the Property and, in c0Iine¢li0Ii thereV11th, continue an:/ and all outstanding contracts for the erection and completion of such Impr9vements.•an4 make ,and"en\er into any further contracts which may be necessary, either iri,their or its own nalIJ.e' or in the name of Grantor (the costs of completing such Improvements shaH be Exp6nses:secur\ia:by thisD~d of Trust and shall accrue interest as provided in the Lolili: Agreemeµt a.rid Jhe otiwr uf.in ... Documents), Beneficiary, Trustee or such receiver shall be under ll?H#bility f,or;q{j>f reason of, any such taking of possession, entry, holding, removal, maiiJtaining,' Qp<'!ratioii'Or 17798.S_jj.DOC -16- management, except for gross negligence or willful misconduct. The exercise of the remedies provided..in this Section shall not cure or waive any Event of Default, and the enforcement of · sncl{ re.wedies, once commenced, shall continue for so long as Beneficiary shall elect, .,hofy,itjwtandilig the fact that the exercise of such remedies may have, for a time, cured the ,·· original Event of D~fi!cult. .. ,· ,,,· .. s:~tiO!l. 7.7 -· Uitlform .co;mercial Code. Beneficiary may proceed under the ·•lJ.riiforril ¢odimercia!; Cede/ail to .. /jii or any part of the Personalty, and in conjunction therejithjnay ex'erctse a!l pf the rights,.•temet,lies and powers of a secured creditor under the Uniforrn<Comrrie.[fial <;6de) Up()i\ithe OVi)irrfftcp of any Event of Default, Grantor shall assemble all '9f the Aq;essories,ai'id' makel;he s'ame available within the Improvements. Any notification required··· by -the Pnifoim Coin,ll¢fdal Code shall be deemed reasonably and properly given if sent iI1-'acc6rdan1:b wjtli:°the Notice provisions of this Deed of Trust at least ten (10) days before any .$ale or other dlspositipn .. -0f. the Person/tlty. Disposition of the Personalty shall be deemed commercially .reasonable: if mad¢' pifrsuant to a public sale advertised at least twice in a tiJ':wi,pap¢'r ofgeneraJcjrcufatiop iilJhe community where the Property is located. It shall be deem':d comnierciaJ.ly fo;,isona,ble'for the Trustee to dispose of the Personalty without giving any waira;ities"as tb the Persori'alty'arn;l.spe~ifically disclaiming all disposition warranties. Alternatively; Beneficiary .11lay ~hoose ro· dispose of som,¢.hr, all of the Property, iii any combination consisting of)ioth P~sonalty and'Real"~roperty, ih gi\e sale to be held in accordance with the Law and procedares· applicable.·to'real,piciperty, iis permitted by Article 9,cifthe Uniform Commercial Code. Grantd\:: agteii that such a saleiof ehsonalty together wjih Rial Property constitutes a commercially rea~on~blesale6f the Rersonalty. / Sb~tiqrt7 .8 Ap:plication of Proceeds. Unless otherwise require.cl t,§ applicable Law, a)! pro¢eedsc' from t,he sale ·of the Property or any part thereof pufau·anf to .the rights and re111edie!f'set fmth.in thi_s. A,rtitle VII and any other proceeds received by BeJ1e.ficiary from the exercise of an,yof'its .other rights and remedies hereunder or under the other't,0an Documents shall be applied,first' to pay .)ln.Expeiisi:s and next in reduction of the other Obligations, in such manner and ordi;,I,liS Beneficiary may elect. ·' )" / .,:' :,. '. . Section 7.9· . Cufuuiatiy~ Refuedie{ No Waiver. To the fullest extent allowed by Law, all of Beneficiary's anci Tri.istee's rights and re~eqies specified in the Deed of Trust or in any o.ther. of the Loan Dqcuments.,are curhulative,,' no( mutually exclusive and not in substitution for any rights of i;:err.e¢esiiiva):iable at /aw, or )n (!quity. Without waiving its rights in the Property, Beneficiary'rriay proceed against Grant-Or, any other Person obligated to pay or perform the Obligations or against a;y other security or gui\ranty for the Obligations, in such order or manner as Beneficiary may ·(ikct, ·Betieficiary's failure tQ. exercise or enforce any of its rights or remedies in the Event ofD~fal\ti shall not constitute/a WJJciyer or cure of such Event of Default, or of any subsequent Ever(t o(Def;iulti'or of lfoneficiru'y's_ rights or remedies with respect to such Default. · · 277985_5.DOC Article VITI Trustee -17- Section 8.1 Liabilitv of Trustee. Trustee shall have no liability or responsibility for'. and make no warranties in connection with, the validity or enforceability of any of the I;oati D.i;iclifuents or the description, value or status of title to the Property. Trustee shall be /!Jri;itecte.~ in ad.ting upon any notice, request, consent, demand, statement, note or other paper i' oi doi;ument believ~ by Trustee to be genuine and to have been signed by the party or parties purporth,g to sig1i"the S:iime. Trus!~.shall not be liable for any error of judgment, nor for any / act.done or sti::p talc.ell or 'omi~~'. norJor any mistakes of Jaw or fact, nor for anything which 1}uste¢ may do pr refraifi J;r6fn doing in good faith, nor generally shall Trustee have any accountability hereunderbxtept forwiJJfiifml,sconduct or gross negligence. The powers and duties of Triistee,, hireupder'may JJVeierc,is~ ~ugh such attorneys, agents or servants as Trustee may il.j>point, . .ind 'trus\ei/sljall ha'li; nolja,))ility or responsibility for any act, failure to act, negligence"or .. willful conduct of such)ittox:ney, agent or servant, so long as the selection was made with reasonable c,;j-e. In' addiili:>1{ Trtlstee may consult with legal counsel selected by Trustee, and Trusted.shall hay~ noJiaqjlity br i;espon!libility bf~ason of any act or failure to act in accordance with.the oprniorts qf such cbunsel. Trustec{may act ·hereunder and may sell or otherwise dispose of th_e Propyity 6r iiny .,pm:t thereof,ai.J1erein provided, although Trustee has.been, may now be or'fuayhereafter b_e, an attorney, qfficer, agent or employee of Beneficiary, in respect of any matter ot,]:>tisiijess whatsoever/ Trtis~; ho)','ever, shall have no obligation;td sell 211 or any part of the Property follo;ying im l!Yel)t' of Default or l(J.lllfe any other acJfon anth,orized to be taken by Tfustee h.ete1indei except·"up,on the ,dem;and of Beneficiary. ,,. . .. .., ... / Se9tion 8.2 '•, Indemnification of Trustee. Grantolag(ees i~jndemnifyTr1lftee and to hold Trustee h!UTIJless from and against any and all Claims and Expenses dire.ctly or indirectly ariiing ciut ofor resulti.ng from any transaction, act, omission, 'eve11:t orcir6umstance in any way cormec(~d witl:i,the Property or the Loan, including but not limited IQ any Claim arising tiW of or··~esu)ting fro.m. any assertion or allegation that Trustee is Jiilble' for any act or omfsi,ion of ,Gr<!litor .. fr a'ny ,bther Person in connection with the ownership, development, financi'hg;t>peration or sale::'of,tlie .. J:>roperty; provided, however, that Grantor shall not be obligated to indemnify Tr,iistee w,iJh re~pect to any Claim arising solely from the gross negligence or willful misconduct,df Trustee.iThe agreements and indemnifications contained in this Section shall.apply t.o Clilims arising bo\h before and after the repayment of the Loan and shall survive the repayi:pentofthe Lo;;:n, llhy f6iecJosure or deed in lieu thereof and any other action by Trustee to emorce .. the,pghis l\)jd rt;tn.eclfes.of Beneficiary or Trustee hereunder or under the other Loan Docuinents,,f . . . . . ",,-· Section 8.3 Substitution of Truste~; 10:ultlple Trustees. Beneficiary shall have, and is hereby granted with warranty of furthi;r .assura1,1ces; the:irrevocable power to appoint a new or replacement or substitute Trustee. Such p_owef miy be exerc:'i$ed .~t a,w .. time without notice, without cause and without specifying any ieaspn thhefor, ~y filiui(for record in the office where this Deed of Trust is recorded a Notice'of Su:bstitutiort' of,:trustey,·,'.fhe:pov,,er of appointment of a successor Trustee may be exercised as'o,ften 8/i and.,wheue'Vtj" B¢ru;ficiijl'y may choose, and the exercise of the power of appointment, no matter how,'often, sh'illf no{be'· an exhaustion thereof. Upon the recordation of such Notice ofS.ilbSlitutiQXJ·9fTrust~.\he -18- :,. '> .. ,",\ 2779M_5.DOC Trust~ so appointed shall thereupon, without any further act or deed of conveyance, become fully.~e'sted with identically the same title and estate in and to the Property and with all the ri'ghts, p.6w·ers:, trusts and duties of its predecessor in the trust hereunder with like effect as if .A>riginally nanied as Trustee hereunder. Whenever in this Deed of Trust reference is made to Trustee, ii shall b~.construed to mean each Person appointed as Trustee for the time being, .whdher .·brigina]'"or s1itcessor in .. tru~t. All title, estate, rights, powers, trusts and duties < graiited to Trustee ,.shall tie ir,,,each Pe,rson appointed as Trustee so that any action hereunder 'by any'Pet:$oil ap_1i'oin)ed as J'rustee·Shall fo~ .. all purposes be deemed to be, and as effective as, the act.ion ofau trustees/ · ·. / . · . . . , .. ,.,., t ,, .. ,,/ / JvticfeIX Miscellaneous .... .;:. .' '. Section 9.1 !Zight~: Po~ers/and Rei!l'ledi~-Cumulative,,, Each right, power and remedy of Beneficiary or Trustee as.provided for in this':Qeed of Tipst, or in any of the other Loan Documents or now or hereafter eidstizyg by Law/shall becµ'rnfllative and concurrent and shall be in addition to every othei-rig)'it, p6wir o{remi:dy:pq;/vided for in this Deed of Trust, or in aiiy of.the other Loan Documents,qt now of hereaft~rexistjng,.by-Law, and the.exercise or beginning of the exercise by Beneficiary: .. or 'Tri.ist.ee c.f any one or more of S\lth·fights, powers oi remedies shall not preclude the simµltan\;Ouf or _later eJtefcise bs, Beriefi¢iary or Trustee,·bf al\y or all such other rights, powers or 'r~ti:iedi.&. .· ..... '.. . . . . . / Seqtion.9.2 :' No Waiver bv Beneficiary or Trustee. No cour~e ofdeaT(ng.:~r conduct by .or amc,ng E!eneficiary, Trustee and Grantor shall be effectiv;,to m;nen;( IJIOdify or change ;my provisi?DS ofthis Deep of Trust or the other Loan Docume.nis:'.. ~ failure or delay by Beneficjary,· or Trustee to insist upon the strict performance of liliy ,term·, covenant or agr~ment of thisDee~-of Trµst or of any of the other Loan Documents; of''to exercise any righi;p9w~~ .or remedy cx,ns\'.'Cjuept..11pon a breach thereof, shall constitute a waiver of any such term,· covenant or _agre¢m.ent or of.;my such breach, or preclude Beneficiary or Trustee from exercising ,any'· stich ijgpt, power or remedy at any later time or times. By accepting payment after the.c;lue dater'of an{of tl)e Qbliglitions, neither Beneficiary nor Trustee shall be deemed to waive the right efthetto require prompt payment when due of all other Obligations, or to declare an Event of DefauHfor failure to makl:l prompt payment of any such other Obligations. Neither Grantcii-_nor an/other Person now ol'he;eafter obligated for the payment of the whole or any part of the Obligations sha!Lbe r;elic:;ved.i;,fsuch liability by reason of (a) the failure of Beneficiary to comply with anyreque~ ofGra,gtor or o(_any other Person to take action to foreclose this Deed of Trust or otheiwis;:·enforce aiiy of tlie piovisions of this Deed of Trust, or (b) any agreement or stipulation petweeri an§ sul;iiequent owiier or owners of the Property and Beneficiary, or (c) Beneficiary's 6icteIJdingthe t1me.'of paymimt,onnqdifying the terms of this Deed of Trust or any of the other LoaitD6currients without first having obtained the consent of Gran tor or such other Person. Regardles,s of consideration, ·,:j,'nij without .. the necessity for any notice to or consent by the holder of any·suborftin_ate' Lio/}-01hhe;Pr6peify, Beneficiary may release any Person at any time liable for any oftbe,Ob1igations'or,any parfof the security for the Obligations and may extend the time of payment ot. oth6Mise 1nodify't1)e .... . 277965_5.DOC -19- -' terms of this Deed of Trust or any of the other Loan Documents without in any way impairing o~ia.f'fecti:ng the Lien of this Deed of Trust or the priority of this Deed of Trust over any s.tib6rdimi.tflJ.en. The holder of any subordinate Lien shall have no right to terminate any /Lease ,X.\\;ardl~ss of whether or not such Lease is subordinate to this Deed of Trust. . Beneffciary may r<'sort to the security or collateral described in this Deed of Trust or any of the 6t1Ier:'Loa:n .Docurrii!11ts in srn;h .. prder and manner as Beneficiary may elect in its sole discretion. . . ,.. .. .. ,:·":~- Sei:tibn 9':3 /Waivers and.Agreements Regarding Remedies. To the full extent Grantotinay:do 'sq,.Gra9tor hereby(/···· , ... ,./ ,/ . ·. ,, i '< ;, {a)., .. /·;gr~s th~t it\vm n;t'~t~~/time plead, claim or take advantage of any Laws now or hereafter (ii force prq~idi_µgif\)t any appraisement, valuation, stay, or extension, and waives and releases'all rights."i:Jf v$iuatlon/appr.aiseITient, stayoof. execution, extension and notice of election to acceiefate the OJj1ig~fi0J1S; , ,. (b) waives jfiight~{ a ~'shaili~g.pfthe';ss:~; of Grantor, including the Property, or to a sale in the inverse ord,er of aljenation 1h the even.t.ofa foreclosure of the Property, at\d agrees not to assert any right :under .. any Law pertaining to tl,e mars.hhlljng of assets, the sale in.inverse order of alienation, tµe exeiµptj6n of horr\estead,, the administration of estatc;is of.decedents, or other matters whatsdevef t<>.'de(eat,.reduce,or affect:the,right of Benefi¢iary under tfye terms of this Deed of Trust to a sa\e elf the Prg.perty withoµt any prior or different r~ort for c'ollection, or the right of Beneficiary t,:i'the;'payw~nt of the Pb ligations out of th~ proceed~ of s~le of the Property in preference to every othllr cla_imani w1ia~6ever; .· .. o' (c} •' ·w;;rves any right to bring or utilize any defens6;,.ctJui\te['()faim or setoff. 6ther ttiai'( one,·which :llenie* the existence or sufficiency of the facts .. upon which any foreclosure actiori is.,·grdunded. If any defense, counterclaim or setoff other than one permitted-bf th~ pr:ececlfog .d1tuse: 'is timely raised in a foreclosure action, such defense, counterclaim or :setcif(.shal! .be dismissed;: If such defense, counterclaim or setoff is based on a Claim which c6µld be ti:ied''in an· ·a~on:for:money damages, such Claim may be brought in a separate action whicJ:i .. shall not thereaf'ter.,be c;onsqlidated with the foreclosure action. The bringing of such separate :iictfon for mo!fey damages shall not be deemed to afford any grounds for staying the fored?sure action,(an{ •' . (d) waives and'r;iinquish~s a~y arid Jlll righis a!ld remedies which Grantor may have or be able to assert by reason:_of thi.proV,isiqhs qf'a.qy u{i,,.,-s·pertaining to the rights and remedies of sureties. · ... · · · · · Section 9.4 Successors and Assigns. AU:of the gi;ii.n~,:coyenaii.t.s(ierms;provisions and conditions of this Deed of Trust shall run with .. the Laiid and shalJaj>ply .to. and .. bind the successors and assigns of Grantor (including . any penv:itted,·subsiquenf o.~er of toe Property), and inure to the benefit of Beneficiary, its succestors/atid ,iss'igns arid to Jhe· successors in trust of Trustee. 2n98:5__5,D0C -20- Section 9.5 No Warranty by Beneficiary or Trustee. By inspecting the Property or by.··ac.c~pt.ing or approving anything required to be observed, performed or fulfilled by Grantor 9i-t6 be.rgiven. to Beneficiary or Trustee pursuant to this D~d of Trust or any of the other il:...oiln Pocume.nts, Beneficiary and Trustee shall not be deemed to have warranted or . repre,sented the COI1JJitjon, sufficiency, legality, effectiveness or legal effect of the same, and such' acceptaifce-oi-approval sh.alt.not constitute any warranty or representation with respect .. thoceto by ~enefici:,ry or Tru~t~'. .. ' Se6~on 9'.{ i1 Arderi~enJ.'' Tpis 'beed. of Trust may not be modified or amended except lfy aiJ agt~en,t. in writini/§rgne_ct.Ji'y/the; party against whom enforcement of the change is soi.ight. ' Section 9.7 seterabJJity/ fn .. thi .. ~~~tit any one or more of the provisions of this Deed of Trust or any ofthe.-other'Loan Di:icunient~ shall for any tea.son be held to be invalid, illegal or unenforceable, iri' whofo or..in plirt or irJ·any other resp~ct, ~r in the event any one or more of the provisions of the·'i,o~ IJ,ricmriep:ts open1tes or \V.Q~ki prospectively operate to invalidate this Deed of Trust or arty o.f the:other Loan DocuIIJents-; then and in either of those events, at the option of Beneficiary, iuc,h pi;ovi~on or ptoyisio1is C?Jlly,.spall be deeIIled null and void ahd ~hall not affect the validity of the··reniainirig Qblisations, and the ri:IJ¥lining provisior,s of tli~ I.,0an Documents shall remain.operative and.in fuH'foi'c'e-and effect aJ:Jd shall in no way be/tffect~d. prejudiced or disturbed thereby .. / ,' . . . . . ,' . . .·.· Se<;tio~9.8 : Notices. All Notices required• ~r/wh\ch ~nY party <iesirbs to give henmnder' or µndel'.' any other Loan Document shall be in '¥'riling and, unle_ss otherwise sp¢bfic;illy provided in .. ~uch other Loan Document, shall be dcieril\:d,sufficiei\tly given or furnish~d if,delivered°by perspnal delivery, by nationally recognized cNernighti:ourier service iirby certified Vnifod S,tates mail, postage prepaid, addressed to the party to.whom directed at the applicabk' addre~{ specified in}he Preamble to this Deed of Trust (u~'less changed by sirnilarribl'ice in wri'tingi_give,n by the particular party whose address is to be changed) or by confirmed facsi~i!e\, .. Any ~Oiice ,sh.all lje deemed to have been given either at the time of personal delivery·or, in th,lc;ise q(co\lrief oi:fuail, as of the date of first attempted delivery at the address and in'the··tnarjner,·provid<'id hereii,i, or,)n the case of facsimile, upon receipt; provided that service of ac. Notj,:;prequired by ar,·y applicable statute shall be considered complete when the requireri\e,nts of ¢at i.tatµte are met., Nqtwithstanding the foregoing, no notice of change of address sfiall. .. be·'effictive el\cept'upon aetua!receipt This Section shall not be construed in any way to affect qr impair anywruve{of notice or demand provided in this Deed of Trust or in any other LoanDocumentor t<> r~~J~ giving ofnotice or demand to or upon any Person in any situation or for atiy'i:eason. · · · Section 9 .9 Rules of Construction. Th{,wqfds therior·/ "hJrei~", ,;hereunder", "hereto", and other words of similar import refer tci'thisJ)eed of'Trusfin i(s'entirtty., J'he terms "agree" and "agreements" mean and include "covenai\t" ahd ','cOvenlU)ts/' Thewotds .. "include" and "including" shall be interpreted as if follow.ed/by thf w.ordsi ''w.ithbut · limitation." The headings of this Deed of Trust are for convenierice·of refere,ncb,only··and 2?7985_5.DOC -21- / shall 11ot l;,e considered a part hereof and are not in any way intended to define, limit or eniargeithe terms hereof. All references (a) made in the neuter, masculine or feminine gender i,half be)liemed to have been made in all such genders, (b) made in the singular or plural /tn1tnbe,r.Ihall be: deemed to have been made, respectively, in the plural or singular number as i. well,/ ( c )" to ithe µ:,an Documents are to the same as extended, amended, restated, .. , "'" suppieminted' qr"otherWise modifje.dJrom time to time unless expressly indicated otherwise, i (d}to the LlIJ<l, I1Ilpr,oveine1!J~/·Persqpalty, Real Property or Property shall mean all or any :pprtion' o[eiich .of the f§regoing,,r¢spectjyely, and (e) to Articles or Sections are to the respei:tive Articles \:it S~tti\;ms COl).t~il}ed in}m,s Deed of Trust unless expressly indicated otherwise. Anji'tenn L1iied .. 6r defJ11ed·'in ihef lJiiiform Commercial Code of the State, as in effect from tlJ;I1e to tj:rrie, whic){i§,pot defyiecr',irrthis Deed of Trust shall have the meaning ascribed to thalte1.:rn:' in the lJhifo~ Co.#tci,al Code of the State. If a term is defined in Article 9 of the Uniforg'i Comme~cial Cod~· of the State differently than in another Article of the Uniform Commercial Code .t,f the St~te, the;.-tenn shall have· the meaning specified in Article 9. ·.... ....-.,:· .... / .,,.,-····:. L ./ Section 9.10 Governing Law{ This:beed of'fzy.~t ~hali be construed, governed and enforced in accordance with the Laws'in.effect from time fo time'in \be·State. Secti~; 9,11 Entire Agreement the LQan ./Dod~m;rits/·constitute ihe/ entire understanding and agreement between Grai'itor ·~d Be;efidaff·w'ith respect/ to the transac;tions.• iirising= in connection with the Loan, and .s_upeµ;ede .. aU prior writt~ or oral undepstancj.lngsiand )1greernents between Gran tor and Beneficiary with resf,ecf to the matters addressed' in the Llian Documents. In particular, and withoutlirnitatiorl, rlie tirms of any co;hrnitriienUiy Benefjci~y to make the Loan are merged into the'U>an'Docum'~nts. Except as inc·orp9rated .' ill/writing. into the Loan Documents, there ·:ire· .. Jlo ,epresentations, i.im;lerstaridings/sdpul:i,ti()ns, :agreements or promises, oral or written, Wit,li' respect to the matters addn;s~ed in tfi'e Loan.Documents. . . ·' . '--"'·····. Section 9.12:\Piutiar'R~leases. Granter may request that Beneficiary release the lien of this Deed of "(rust from· a' po;tion,,of the/Property by delivering to Beneficiary a written request therefor af'least·rifteen (15) days prior:to the proposed date of such release, which request must be accompanied byJ1Survey which ,iiioy,s and legally describes the relevant portion of the Property to be, release¢. Bu])ject to tiri:J.elyreceipt of the foregoing and any other information reasonably reqµ,e.sthd by Senefkia,:y, :Bern,fjciai:y shall request that Trustee release the lien of this Deed of Trust ftom the,relevant porti'6n ofthe Property, provided that (i) neither a Default nor an Event of Defaultjs theil contidiiihg heriouiider, (ii) such a release and the related conveyance (x) will not rriate\iallyinlpair;the <icce.ss.of any unreleased portion of the Property to a public street or any utilities 6r unreasonably divide apy portion or tract of the Property into strips or parcels, (y) will no\ in Btjieficiary's ~asonable judgment, materially decrease the value of any unreleased portion of the'Pr0perty/md (z}.wil{occljr in compliance with all requirements of the all applicable dovefnwntaf Aut~o~tit:s, incl~di11g, without limitation, all subdivision regulations, (iii) Granter has:. deliv¢req' to B·f::n~ficiarY,·iin endorsement to the Title Insurance Policy insuring the lien of this Deed· of Trust which 277985_5.DOC -22- confirms no change in the priority of this Deed of Trust, amount of insurance or coverage withiespect to the balance of the released Property, (iv) Beneficiary has received the Release ~yriien;\:(asdefined below) applicable to such Property, (v) after each partial release, the loan _,fo.valu.;,;ratio f-0r the remaining parcels will not exceed 70% (based on a pro rata allocation of / .. initial'val11e p~r the_Jppraisal received by Lender prior to closing of the Loan and showing a .......... valti of.$38,300;000), and (vi) GranJor promptly pays all of Beneficiary's and Trustee's costs iamfexpensei (including, withot,t'firnfriition, reasonable attorneys' fees and expenses) incurred \i11,'considering anlimplelliegtitlg sµc,.11 rele~~.· Notwithstanding anything contained herein to the c6ntrary; Ltlridef heteby conse11ts ct6 tiie>release of Lot 2 (whether partially or in its entiret)i);' provide(i.howfver, thar in'pie' evs:rir''ofa partial release of said Lot 2, the portion of Lot 2 that is 11ot released siiall be\.bntigu611s ti)~ remainder of the Property. For purposes hereof, "Release._.~ym~nt" _shall ,fnean _.ii.11 91pount equal to the result derived from the following calculation: (a) 1 JO mµitipjied cy (JJ) (i) the acreage of the parcel being released divided by (ii) the acreage.of the'Property securedby·tl)is Deed,dfJrust on the date hereof, multiplied by eel $30,000;600. Re1easeJ>aynie11rs may beapplie4fit~t to any past due interest (i.e., interest which was not pal<ly1)ien,due an~'is outs'tlmdi)lg)pn the Note, then to any unpaid costs or expenses of Beneficiary herelinder which are dtll),;b111 haye not been paid, then to the payment of the principal balance of ·the Note, :or in any _othe! 01:det ·of applicatiq11 of the foregoing _as'Beneficiary shall determine, in it!; so!i(:i:nd absulu¢ discretion. \ . .. . ·.. ,,· ,, ,• ....... ,/'"":. ORAJ-A~REEMENTs OR ORAL 'Co~T~N'fs To LOAN ¥ONEY, EXTEND C8EDIT OR TO FORBEAR FROM ENEORCING A DEBT Alfi NOT ENFORCEABLE UNDER WASHINGTON LAW. . ' -. .. . . .. . ' . Graotor ha{c~use(l this Deed of Trust to be executed as' of th{ day a'~d year first \\fri tten· ~?.9-Ye. ,. · ··· ' · · 2nns_s.DOC' -23- 211?s:u.ooc GRANTOR: TRANSWESTERN HARVEST LAKESHORE, L.L.C., a Delaware limited liability company -24- STATE OF ILLINOIS c6°ufuy OF COOK ~ •' ,·.,-·· ,', ) ) ss. ) :~ this: 30+1] day of March, 2005, before me, the undersigned, a Notary Public in and for ,the . Stl\ie ... of .;Illinois, duly commissioned and sworn personally appeared ,····· t'YM~ <5-; · 1:£ i Is:,_; , · ·· , known to me to be the authorized signatory of Tl(ANS~STEaN HARVEST LAKESHORE, L.L.C., a Delaware limited liability <:oinp!llly,/tlie lftnited Jiap1Iity ¢.oriipljlly·,tJ:iat executed the foregoing instrument, and acknO\\'ledged tl:le said iru;ttµment .tb;.Ji the fr~ ;ind voluntary act and deed of said limited liability company; for )heJJUip~' therei;n''•mfntjhned, and on oath stated that he/she was authorized to ilxi:cute, said itistr\)lneril; ' . ' . I certify that I know .or hay~ satisfactory evig~ce that the person appearing before me and making this acknowledgmentis the person:wboie true'signatur,¢ appears on this document. . ,, ,· . ,. :-: ... _/ 277985_5.DOC . Lm.h TOJ.jf~r IY)~O(~·> Prmt Name ;. .. . . NOTARY PUBLIC in and foi:.J:h, St,lte of Illinois. My commission expires 41~ / Cl f -25- • EXHIBIT A Legal Description . . Lbts J"i z',) and 4, B9~ing Lakeshore Landing, a Binding Site Plan, recorded under Recording No. 2004i223000S56. . ! :· . . 2779tS_S.D0C -26- BOEING LAKESHORE LANDING BINDING SITE PLAN NE 114 & SE 1/4 SEC. 7, T.23N., R.5E, W.M. & NW 114 & S.W. j/4 SEC. 8, T23N., R.5E., W.M CITY OF RENTq#;.: .. ~INCJ COUHTYj WASHIHBTOH OfD/CA TJDNS· KNOW Iii./_ PEOl'U BY 7",lfS[ PR<Sf'NTS TliAT \II.", mr LINOmSIGf,/ffi OM1'r<1S or INIT:'!EST N t TH£ (.AND f!ER[!N DESr;f/iSil) OC H,:,lfBY I.MK[ A IJIN()/1\'G SI;! PLAN PLJT,SLJANT TO CHAP7ER '. 513.17 R.C.W. ANO O:C'.AR[ 11,1;: fj//J()l/,/1; s11r ?!_AJ,/ TO ll[ A GRAPHIC REPRE:SfNTATTON OF SA!,4[. AA'D lllAr SAID Bl/.li)la//; srrr PlAN IS J./A0£ W,,H /"RE£ COli&"'>IT AND"' ACCOROANC[ r,,n. me~ DESIRE OF TH£ D\\N[RS • .. !N IMTN[SS WHEREOF W[ SU OU!< HANDS ANO SEALS· STAT[ OF WASklNC:"ON) ) " =NTf OF l<l/,/G ) ON m,s DAY PERSCNAHY APPEARm BITDRE 1,1,~/r-TC ~d 1~,ai:N~···111 .. m: AN A~Nn ~~;~S~rl;,E r~r:';k ":/[;:'ijk,;~'rf':;°;i~ 11?:~~'ii.}~TAn;~ ~~r~;-~g~14ffZ~ AND CORPORAVON FDR lll[ ~'S,:S A/ID PURPDSi:S T'!EJl[!I,' 1,1u;noofll, A"IQ a.. OAIH STA;;;D THATiHf WA5 AUTHORIZE!) TO [X[ct.iTF Tt!f' SAl;J NSTR!JM!:"HT DI/ lli:HAJ..f'( OF :rHE:'.WRPORAnot.. : • StM TH.'S ...iA.. DA¥ OF~, 20~/ ·' ... ·,:. ··:... ·-:· ADM/N1ST/f1A TOR OP PLANNING / BU!U)!NG / Pl)BLIC WORKS 'ixAM<NW .4~ APPROl'i.l) PER RGW ~.17.160 (!J:-~1~:~ D~>Of. 17cu,.~ ,.,~ ... N-Ju).,Jtj f,n G.-~;~ 21.~lffhl'H.Ct:1'"1 ·:·,··-: .. ,. AD.W:Nr.~T!?ATOR. CITY OF ROm::w :: ·. KING COUNTY DE:PARTM[NT o/'ll.Ssrs;~-2N:T$.) rxAA11Nm = APPRo\lUl mrs~ o.,_/6¢,, Oo..-011:1La I io.Q..:i Sec+-+ liable ·· · efajlJ,Af.4,,,(u,,,, Kl.NC COUNTY ASS[SS0'1 ·:. "ll!!"JTY KING i::ot.'NFI' :,\SS[SSQR ACCOUNf Nl)/dBcfi P9730'5'·8i?,_11,32101U._.~'f:ZK_) cw~, qo..311 '1lo</ ,f:,q52 . 1 ··-,<_,.-"'._;._-.;/;/' ·: ... ':· .,:· .. :: 1 MID sii&:wrolf·s CFRnBce-V· I ~~,v C[RT!~r. i-H,n r~}"-iili'l(llNl]'.ti~ RI.Ml OF 80£1/./0 lAK[SHD'lt LANDING IS BASfD [10()/< AN A CW Al SURVEY MD 5l/!W•'1SlCW OF S£i?nONS l l,( I\. T(JI\NSH/R 2J NORTH, RANG[ 5 [AST, "'l[Mll'J7[ MU/ID,'AN AND Jl,AT T,1£ Gr.JURSi:s'A~'/;! OIST1>.NC£S '4';~ SH0\11,' CDRRl'(;TL Y IHUl£0N. ,·.·, >crti:~~~:·'·.>-- Cfflnm:A_T_f.ON NO. Ji;tO~ ; :· .. .. ., .. ·:... '. [-!J_,:'\~~:·,!)Bl::8.~/_'•I.ND-:J!'J-001:J iiEQQW21NG CEBDFJCAIE' RfXORDJ1'(i NO: .:u, p Y /.J. .cl. 'J 000 ti",~ '···:.,.,_FllW ro~/~o:i'D AT TI,£ /1£q(J[ST OF!),'£ CITY OF R£1JT()1'/, TI.IS _,.l.,.3._ OAr o,.-~---- Ji:r.aj AT .Ji.£__ WN(lf£S PAST1/.!1£.f!,M. ANO R0CDl?D£D IN v-;JtuM[ ~ OF "LATS, PAGE'~:-~ RiXOODS OF K/1/G COUNTY. WAS~INCmN. ·:)• D!ViSION OF RECORDS ANO [L[CTION7l l '~ • su"~J~~e BOEING REAL TY COMPANY CITY OF RENTON 3350 Jfon .. lllll• Parlcft,T Bot.b<11, l'o.5l1incto.o llll0!'.l-8;ro C."!ECo,;n:; BY: ~-_ AP?ROV[C Br"-~ PLO I" DA TL l..QLLUQ_,! LAKESHORE LANDING BINDING SITE PLAN R[',,11$/0r,' RENTON. KING SCALE: e/, P!W)[CT NO 31956 O.'?/>WING r!L[ NAM£: 3195$-SURV-BS?OI.DWG {-)HI_....., {<IO)f(J_,_ .i.,.--- GfNFRAI PRQJECI DESCR/PVON· W/.IINC: HDRl70NTAI DA1l!M· W.!:h' PACIFIC JJ50 urmrr l'ILV. PARKWAV SOT><fLI .. W.. 9802! Pf-lOlo/8 (425) ;51-4BGO >i[AV. INOUSTlliAl (IH) )l,>.;)83(91) 1"AS/!I/.IGTON S:AJc: OOQRi)INAT£ SY51'FM, /.l~fH ZONE. FROM QTY or R[)ITON CONIJIOI. IION/Jl.l[NIS,. 1,10'1/Jl.l[)ITS S'101'4\1 IIV/[ l'ISIIUI IN f'Fi/, 20(H Pl?lldA/,r ME.A,;,.JH!.Mt:N/ [QV!h,f[r,T -IillMi/L[ 5700 C:.PS, A/JO Lrn:A ror.-i. STAncws HA\IE f!f.£N COMPARED TO AliO AD.AJSTH) AGAINST A SUR\IEY C:AU/1RA1W 8AS[!./Ni' W/11/!N THf l.,IST Yf:AR. CO/'IFORMS ro >l'AC J-'2-r30-!W \l'AC -'J2-l30-!50 CITY Of RENTON SURVEY CONTROi • nrs ro CHY OF R!~TQl,P SUR\!Ef CONTI!O:.. N[TWGRK MONUl.f['IT'S. S££ SHU"f-' 0, 4 = ?URSUA/Jr ro mr TERMS OF II/[ OH£LO'VU.'f AGR££Mf.N1 .. ("G/:\£L0P"'[IH AGl!i:[MEl>r) DATED 0[C[M:/£R I. 2003. 8[i1\£[1( 1'1£ C/Tr ANO ilOE'NG, )Hf Rl(.-<T-Of"-M'AY FOIi IGT>f S:rllE,;T ; ~HAU. BE 01'.DICA'EO AT TH[ n,,1!' B<Jf.lNG SEU$ ;"H£ 1.,1.Ni' ON:: i:::i~d::.I: At~Hi-fg:r:t~ o:'o,5:';;~·~;T 1t'~!~o r~E:~'Nm;; l LOGAN A/JD GARDE.~ A'JfNUES MAY B~ l!E.-!.rGNW F'O!.!.OMNC ·, OEJ>!CAITON BUT PR/Of! ro CONsmucnuN UP().>j •WTUAc • AGR[[ME:NT OF 111£ CITY ANO 11-IE 01\N[R(S) Of' LO.S ~BUT7l/11/;:_ sue>< RrGHT-(.)f"-W,H SEGM(NT. \. 2. (/f'Ot/ CO.,STIIUCl'ION (.)f" TH[ 11[11' 11/Tf:RS[CITON or PARK A/;0 LOl,AN A\tfNUf.S. PURSUANT ro 1.-'E: Df.\lEJ.OPMENT ~GRfcJ,!f:!,'T. rnf. c;rr SHA.LL VACAT£ JHr U.ND OIi •IH'0'"1 THE: O:..D.·.········. INTE:RS[CnON Of' PARI< ANO LOGAN A'IE.,Uf.S WAS (QC.llED, Af•·. NO cosr 10 /JOflNC Oil TN£ O\INIB Of LCT 2 AND 3UC/i V~CMt:JJ LAND $HAL!. S[COl,lf. A PAR1 01' LOI 2. ... FOUOWING DE:DICAITON AND U/>Olll Rf.Ocl[ST, 11-1£ cirf S'<>.LL CRA/./T E:ASE/,'i},/[S CR LJCf.NSE ACR!EME~·r. Al ~o l;GS1 TO THE GRANToE(S). ALWWl,W/ iiOEJNG AND m;: ABUTTING L,\'1.:l oMJfllfSi·. TO USE: RIGHT-Df"-WAY ~Rf.AS /:OR PURPOSES i,,,c;-_,W.:0NS.'$cfr;T '. \!!Di PUSLJC SITl!ET JS[ Pf.>/DJ!,IG C()IJM0NC[}.lfNT oc: ~:ir:t£iON ON RO~DS CONTOIPCATro l)Y !;"[ £>fl'l:t~~T /JO PROP[fHY CORNc.R'S !I'll( Bf. Pl.A~ A$ •,;MT OI' Trl/S BIND/NC SiTf. Pl./,N DUE 10 RJTU/lf. CONSTRUCTION· CON:S.'0[RMIOtl$ ~ CITY ()I' RENTON ORDr~'AI/C£ 3Dl1, UNDEJf.'·~//,iO,.GOUN;···:: •.. Rf.COROINC NU'-'B£1' 197805.250786 IS ll,'£ E)([WJION Of' '11<[ v~nTION POill'ION Of" AN AG/IE«WENT 9tN£W THl:./J!rY AND .. ". BOC,)IC COMPANY :JAIT:D l,IAIICH 19111.\1976. THrS ,','Cf'.f:HlE:Nr OEALS 111TH "11-/f; D[JJrCA110'1 OF ADOITl'('JIJAL 1.,1Nc1S AUJNG PARI( A\l'e~'UE: 1/1 CON,~[CITON W/11< TH[ /,'O(i,IN A\IFNU[ ··,, VACATION," PER '1[140 INCORPORAIT;!J /'I S,,:llJ,DRO!NANCE. ;t,· .. 12 FOOT sm1P Of" lA'IO MONG PARK Al'LNLJE wi,:;; :!1~u~~~[ifJg~~irn> ~t0~t;;G g;v~7 r:;=·~16 AGRffUE.~T HA~NG f!f:[11 FTJ:.Fll!Ill 9'r' .. 11-if IIWE'l</1/G '7',PAi/1( A\IEN!.lf lfil TO TH[ 1'E-R[CDR1).NG OF' 1'),10 1S.<6 AGRilJ,IENT, UNO[/:/ 1(/NG COii/iT" RfCDRDINC,-NUl/1.l.'R t~9J'.GJ1~1422 nw ' THE PURPOS.:S Of' ornrCA nN:; ·r.ANO A81;TTING·'Pt,RK A~UE /NC/..1,'0WG -< 5 FOOT STF!JP ON 'rflli: [AST[Rl 'r' IIAw;!N rno.i o+oo T:J S+ss. Au. OF" TH[SE RnfJf/Dt:D oocu11ttt1s::,1RE: [ITHf;il /NCOUPL[T[ OR 0'T'1£Rl1!Sf. 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CIN~ f'l!;r,Cf 1'ESIUIL '(,AcONC '"'NO NQRT>i"UNf. OF NOR1H Gi"/'f ![:;JC~// r.:.~1?';.~i,,~i.:Al~;~i;: ~r.1t:~':rp"°.~·/' ll<DICE NOR11.j£1i(·?.AlCJNG S~iO ~G>'T-Of'-Wil'C'.:W.'·1'11£ NORrH ':J.l ~~~~~t~Z\AJD NO~;;hwr ro rne POINT Qi" ;Jf!;J/{l,ll<r). •• ' [)(C[P~ 11-IAT P01'11c).'I CON~i-:w T07'r'f o·;:,;.()f' R[NTON FDR I>,'[ 'MO[NWG OF NORm 61>-I S'/1tUT BY O[UJs'·'ll.[~ORDE::> UIIDER REC01'DINC NOS. 7106110508, 7106fWSIO, 7106!10,.IT, 8509100968, 8509130916 A~O 85091:"!ds.1?, ·,. Sr71JA I!' IN T>lf. OTY 0/: RZNTON, COUN;;·,fir.,~.WG, ST~·:;bf)F >l'A$MIIGT()(,.' B0E/N'3 REAL TY COMPANY CITY OF RENTON .~·:.U!fJ,S ; S ,n .. AC'!ES;i:- ·f~ST QF PAR~·;:,\'E" N. '. ?,,'i.·IJM 22."' ll(ST.,;rr PAFfK Al•r'°~·:; 2,9<?,lJl S7.51 TO/Al •, ;ist··'1;lAC; ·')!:'. AREA PROPoSEO-. A.F/£:,i,:.s "-iAsr: "n ·,, cor .J• 5g1,1s:1 ·Lor. roTAL:;, 91~168 1~85C 2917 Z.622 ~· 21.79~ 47,728 "~ ,m 7.624 66.t39 SQ. n. 2!l9.5J~ 796.62J 1,!95,957 L£oS rr""cr "); AR!A 213.226 mAcr ,o, ••2.870 11 011 c"'"~"~'~'~---t-~7?,J99 TRACT£ 24,82~ fRACT P B9.71 ,~ t;,i)7 ,~ D.01 0.50 '" "" "'' o.,e '~ ACRES~ O.& l7.4S <.89 5751 0.25 Tf'.AC!__J!~---+-~=-+-=---J DW. !l'~C~ TOTAL: Of.TAil -~· VICINITY MAP LAKESHORE LANDING BINDING SITE PLAN RENTON, KINC SCALE N/' PROJEC( N() .J1956 ORA WJNG >!LE NAME J/956-SURV-BSPOI.OWG BOEING LAKESHORE LANDING "" <00 SCALE O 100 200 8/ND/NGI SITE PLAN NE 114 & SE 114 SEC. i', T.23N., R.5E .. W.M & NW 114 & 5.W. 114 SEC. 8, T.23N., R.5E., W.M. ( F[[T) CITY OF RENTgN, .KING/ COUNTY, WASHING/TON 1 INCH= 200 FT -" a " " ,, u " ... u 17.+f "' M "' "'" "' ...,, "' ~ "' ~ u, ~M "' 81.0l!I "' ~" "' Ufi 0 rou1<0 •• X .-COIICR<Tf; "ONL'l.irl/T W/ COPP£R TACK Pl,' BROKE~' CASE 0011t1 1.0· enow ASPl'Al r ,;. SEC7l(W w,mc:~ 11 18J,%S.4790 £ 1JD20J1.6C~O AS Sf/0"" ON R£f'(I) -~ "'" V.O, ,>.m m, ».,, J7.lll .J7.1(! ·.·~ ti%.NfC··ft..r. ___ _ . DRAWN·' BY :, ... we/CCI,!_ .. d"~ ·, '"' rn,, .~ ~ ~ . ''.f?'.':!.f BY Rf,V ~~ DETAIL 8 @ 11-1e,no~ 5 oo· 11-~27.~6' ® t!iJ.~:- LOT5 1,196,(;12 sq. ff 27.1-6 acres P.7 . NORTH 6TH STREET CH[CJ<[O BY. ~ APP'R0V£D HY:~ FlOT i)A ff. [QL22"LQj_ R[VJSION STR[[T) L~·/3'. 591,192 so: (T ::·.·.-J.J57 AC "0NL'J.<!~'f iN CAS£ Vt/ COP.~£R PIN AT SIRITT i~'IT:RS£CT10N N 1BJ79e.~909 £ 1.JC2B6.l"<llB AS 5'/0l'N ON ~ff-0 8TH TRACT Q TRACT P CONlROc MONLJl.ffl/T IM7 ~-X 4" COtiC. "°" W/ COPP£R PIii mJND £>:'/SnJVC UO/J/Jj.ff:/Jr IN CA$£, ACCEPTfll AS C£NTER Of' SC:~T!ON S-23-5 N 1!!J82.l0950 £ !JOJ<95.~070 AS S~011N ON ~Er0 BOEING REAL TY COMPANY CITY OF RENTON lAKESHORE lANOING BINDING SITE PlAN RENTON, KING Will JJ30 J/~n!.o l'ill• p.,.""•7 BQ= ... ....,,,.,,.,,,n =-eg?a SCAL[ 1·:.200· PROJ[CT .';'O 31956 ORA WiNG FIL[ NAM[· Jl 956-SURV-BSPOl .O \lo,:;- l'\Cl! K (UO)IO!_......, r-1 .. , __ c"c"c_c-c_ccc~.c-c---==- BOEING LAKESHORE LANDING BINDING SITE PLAN NE 114 & SE 1/4 SEC. 7, T.23N., R.SE., WM. & NW 114 & S.W. 1/4 SEC. 8, T.23N., R 5E., W.M CITY OF RENTON, KING COUNTY, WASHINGTON ' N -•- ' '-=.;11·zz• J!.110' I I I I f; I I SCALE 100 200 400 (ITU) I INCH = 200 F! !cf...C--TRACT F SEE DETAIL TRACT E -'--I!;\µ :I ._i>EE DETA'{f TRACT N SEE DETAIL TRACT l SEE DETAI c::ti;=LJ_llii_Llli_LLlilillcL1J2-1..Lcilc.Ll_'._!_bk.l 11·'1>---------------°'---e"•·,.-.-.. .-r-NORTH 8TH StREE0~rc°';:-: ----'"T-----',-- NOTE: ALL .•TRACTS. ARE DEDICATION TRACTS EXCEPT TRACT$ 1{ !, K &:'N WHICH AlfEJO BE:•VACA'FED)AND ATTACHED TO ADJOINJNG-U)TS ... , TRACT F EXIST. PARK A VE. RIW ·"' .:· uj . ··.>., "'('··,. s1i.~~-f NORTJ:f. N. 8TH $T. TRAJ!T N '-~-79~'58'1\l"R) . 7.00' R-521 ~2' t,,,09'.J2'20" c~u.10' TRACJ:'~ G & K BOEING REAL TY COMPANY CITY OF RENTON LAKESHORE LANDING BINDING SITE PLAN KING SC:AL[: 1"=200' C'ROJ[CT NO. 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