The URL can be used to link to this page

Home My WebLink AboutLUA-06-077_Report 1Form WA-5 (6/76) Commitment Face Page COMMITMENT FOR TITLE INSURANCE Issued by File No.: NCS-183014-WAl FIRST AMERICAN TITLE INSURANCE COMPANY First American "Title Insurance Company, herein called the Company, for valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagor of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedules A and B and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of the Commitment or by subsequent endorsement. This Commitment if preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate six (6) months after the effective date hereof or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. This Commitment shall not be valid or binding until countersigned by an authorized officer or agent. IN W!TlNESS WHEREOF, the Company has caused this commitment to be signed and sealed, to become valid when countersigned by an authorized officer or agent of the Company, all in accordance with its By-Laws. This Commitment is effective as of the date shown in Schedule A as "Effective Date." First American Title Insurance Company By: _,./f}i ~-· President Attest: IJ1 u.[ J_ ~ Secretary By: ~/'~ Countersigned First American Title Insurance Company Form WA-5 (6/76) Commitment File No.: NCS-183014-WA! Page No. 1 First American Title Insurance Company National Commercial Services 2101 Fourth Avenue, Suite 800, Seattle, WA 98121 To: (206)728-0400 FAX (206)448-6348 Jean Couch (206)615-3118 jcouch@firstam.com Foster Pepper 1111 Third Avenue, 34th Floor Seattle, WA 98101 Attn: Michael Kuntz SECOND REPORT SCHEDULE A 1. Commitment Date: January 6, 2006 at 7:30 A.M. 2. Policy or Policies to be issued: 1970/84 amended Policy to be issued Short Term Rate Standard Portion Extended Portion Proposed Insured: To Follow AMOUNT $ 56,000,000.00 $ $ Mike Cooper (206)615-3107 mcocper@firstam.com File No.: NCS-183014-WAl Your Ref No.: Lot 2 LK Shore Landing PREMIUM 25,200.00 $ 6,110.00 $ TAX 2,217.60 537.68 3. The estate or interest in the land described on Page 2 herein is Fee Simple, and title thereto is at the effectve date hereof vested in: Transwestern Harvest Lakeshore, L.L.C., a Delaware limited liability company 4. The land referred to in this Commitment is described as follows: The land referred to in this report is described in Exhibit A attached hereto. A'rst American Title Insurance Company Form WA-5 (6/76) Commitment EXHIBIT 'A' LEGAL DESCRIPTION: File No.: NCS-183014-WAl Page No. 2 LOT 2, BOEING LAKESHORE LANDING, A BINDING SITT PLAN, RECORDED UNDER RECORDING NO. 20041223000856; SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. First AmeriGJn Tttfe Insurance Company Form WA-5 (6/76) Commitment SCHEDULE B • SECTION 1 REQUIREMENTS The following are the Requirements to be complied with: File No.: NCS-183014-WAI Page No. 3 Item (A) Payment to or for the account of the Granters or Mortgagors of the full consideration for the estate or interest to be insured. Item (B) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record. Item (C) Pay us the premiums, fees and charges for the policy. Item (D) You must tell us in writing the name of anyone not referred to in this Commitment who will get an interest in the land or who will make a loan on the land. We may then make additional requirements or exceptions SCHEDULE B • SECTION 2 GENERAL EXCEPTIONS The Policy or Policies to be issued will contain Exceptions to the following unless the same are disposed of to the satisfaction of the Company. A. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. B. Any facts, rights, interest, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of person in possession thereof. C. Easements, daims of easement or encumbrances which are not shown by the public records. D. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. E. (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 excepted under (1), (2) or (3) are shown by the public records; (4) Indian Tribal Codes or Regulations, Indian Treaty or Aboriginal Rights, including easements or equitable servitudes. F. Any lien, or right to a lien, for services, labor, materials or medical assistance theretofore or hereafter furnished, imposed by law and not shown by the public records. G. Any service, installation, connection, maintenance, construction, tap or reimbursement charges/costs for sewer, water, garbage or electricity. H. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgages thereon covered by this Commitment. First Amencan Title Insurance Company Form WA-5 (6/76) Commitment File No.: NCS-163014-WA! SCHEDULE B -SECTION 2 ( continued) SPECIAL EXCEPTIONS Page No. 4 1. Lien of the Real Estate Excise Sales Tax and Surcharge upon any sale of said premises, if unpaid. As of the date herein, the excise tax rate for the City of Renton is at 1.78%. Levy/ Area Code: 2100 For all transactions recorded on or after July 1, 2005: • A fee of $10.00 will be charged on all exempt transactions; • A fee of $5.00 will be charged on all taxable transactions in addition to the excise tax due. 2. This item has been intentionally deleted. 3. This item has been intentionally deleted. 4. This item has been intentionally deleted. 5. Easement, including terms and provisions contained therein: Reccrding Information: July 13, 1992 under Recording No. 9207130661 In Favor of: Puget Sound Power and Light Company For: Electric Transmission/Distribution Substations Affects: The exact location of said easement cannot be located by the legal description provided in said document. 6. This item has been intentionally deleted. 7. Easement, including terms and provisions ccntained therein: Recording Infonmation: December 5, 2001 under Recording No. 20011205003127 In Favor of: The City of Renton For: Sanitary Sewer Affects: a Northerly portion of said premises 8. Easement, including terms and provisions ccntained therein: Recording Information: December 5, 2001 under Recording No. 20011205003128 In Favor of: The City of Renton For: Sanitary Sewer Affects: a Northerly portion of said premises 9. Easement, including terms and provisions contained therein: Recording Information: December 5, 2001 under Recording No. 20011205003130 In Favor of: The City of Renton For: Sanitary Sewer Affects: a portion on the Southeasterly line of said premises 10. This item has been intentionally deleted. First American Title Insurance Company Form WA-5 (6/76) Commitment File No.: NCS-183014-WAl Page No. 5 11. 12. 13. 14. 15. 16. A document entitled "Development Agreement for the Boeing Renton Aircraft Manufacturing Facility", executed by and between The Boeing Company and The City of Renton recorded August 2, 2002, as Instrument No. 20020802000224 of Official Records. A document entitled "Development Agreement for Renton Plant Redevelopment", executed by and between The Boeing Company and The City of Renton recorded December 10, 2003, as Instrument No. 20031210001637 of Official Records. Covenants, conditions, restrictions and/or easements: Recorded: November 19, 2004 Recording No.: 20041119001959 Restrictions, conditions, dedications, notes, easements and provisions, if any, as contained and/or delineated on the face of the Boeing L.akeshore Landing recorded December 23, 2004 in Volume 225 of Plats, Pages 83 through 86, inclusive, in King County, Washington. Covenants, conditions, restrictions and/or easements: Recorded: December 28, 2004 Recording No.: 20041228001871 Deed of Tnust and the terms and conditions thereof. Grantor/Tnustor: Transwestem Harvest L.akeshore, L.L.C., a Delaware limited Grantee/Beneficiary: Tnustee: Amount: Recorded: Recording Information: Affects: liability company Bank of America, N.A. PRLAP, Inc., a Washington corporation $30,000,000.00 April 1, 2005 20050401000761 The land and other property. 17. A Certificate of Good Standing from the State of Delaware for Transwestern Harvest L.akeshore, L.L.C., should be submitted prior to closing, together with evidence of the authority of the officers thereof to execute the forthcoming instnument. 18. Title to vest in an incoming owner whose name is not disclosed. Such name must be furnished to us so that a name search may be made. 19. This item has been intentionally deleted. 20. Unrecorded leaseholds, if any, rights of vendors and security agreement on personal property and rights of tenants, and secured parties to remove trade fixtures at the expiration of the term. 21. General Taxes for the year 2006, in an amount not yet available, which cannot be paid until Febnuary 15, 2006. Tax Account No.: 088660-0020-02 Note: Taxes and charges for were paid in full. First American Tltfe Insurance Company Form WA-5 (6/76) Commitment INFORMATIONAL NOTES File No.: NCS-183014-WAI Page No. 6 A. Effective January 1, 1997, and pursuant to amendment of Washington State Statutes relating to standardization of recorded documents, the following format and content requirements must be met. Failure to comply may result in rejection of the document by the recorder. B. 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. C. The description can be abbreviated as suggested below if necessary to meet standardization requirements. The full text of the description must appear in the document(s) to be insured. Lot 2, Boeing Lakeshore Landing, BSP Rec. No. 20041223000856 APN: 088660-0020-02 D. A fee will be charged upon the cancellation of this Commitment pursuant to the Washington State Insurance Code and the filed Rate Schedule of the Company. END OF SCHEDULE B First American Title Insurance Company Form WA-5 (6/76) Commitment i AM f; J( I ¥ First American Title Insurance Company National Commercial Se,vices COMMITMENT Conditions and Stipulations File No.: NCS-183014-WAl Page No. 7 1. The term "mortgage" when used herein shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquires actual knowledge of a defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment, other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act or reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclosure such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option, may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of Policy or Policies committed for, and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the Policy or Policies committed for and such liability is subject to the Insuring provisions, exclusion from coverage, and the Conditions and Stipulations of the form of Policy or Policies committed for in favor of the proposed Insured which are hereby incorporated by references, and are made a part of this Commitment except as expressly modified herein. 4. Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the title to the estate or interest or the lien of the Insured mortgage covered hereby or any action asserting such claim, shall be restricted to the provisions and Conditions and Stipulations of this Commitment. A'rst Amen'can Title Insurance Company Form WA-5 (6/76) Commitment The First American Corporation First American Title Insurance Company National Commercial Services PRIVACY POLICY We Are Committed to Safeguarding Customer Information File No.: NCS-183014-WAI Page No. 8 In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such infonnation particularly any personal or financial infonnation. We agree that you have a right to know how we will utilize the personal Information you provide to us. Therefore, together with our parent company, The First American COrporation, we haYe adopted this Privacy Policy to govern the use and handling of your personal Information. Applicablllty This PriYacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as Information obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govern our use of personal information regardless of its source. First American calls these guidelines its Fair Information Values, a copy of which can be found on our website at www.flrstam.com. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal infonnation that we may collect Include: • Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means; • InfonTiation about your transactions with us, our affiliated companies, or others; and· • Information we receive from a consumer reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, inducting the period after which any customer relationship has ceased. Such information may be used for any internal purpose, sudl as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty Insurers, and trust and investment advisory companies, or companies involved In real estate services, such as appraisal companies, home warranty companies, and escrow companies. Furthermore, we may also pro .... ide all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your infonnatlon. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that Information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy and First American's Fair Information Values. We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. c 2001 The First American Corporation -All Rights Reserved First American 77tle Insurance Company (T") = r..o ..,.., = = ,,.... Rtdum Add-es$. Qty Oa1t's Off1Ce Cily ol Rentoo 11,1111,11111 ClTY ,i RINTON EAS 22 ee PAGE II OF 8111 IZteB 2811 ID ze KlNG COUNTY, MA 1055 South Crady Woy R,nton, WA 98055 Document Tille(s) (or transactions contained 1hcrcm) J{fJ' • I Sarntary Sewer Easement;--Parcel 3B-2 2 3 Refer,,ncc Number(,) of Documcn!s ,us,gncd or relcucd: (on page_ of documems(s)) Grantor(s) (Lasl name firs1, lhen firsl name and mmals) I The Boeing Company 2 3 4 0 Addlllonal names on page _ of documenl Grantee(s) (Las1 name first, lhen first name and m111als) I Coty o[ Ren1on 2 3 4 0 Additional names on page _ of document Legal de1<:np11on (abbrev1a1ed , c 101, block, plat or scc1J0n, 1ownslup, range) That Portion o[thc Southeast Quarter of the Northwest Quarter ofSectJOn 8, Township 23 North, Range 5 East, W M l!I Full legal ,son page 8of document Assessor's Propeny Tu Parcel/Account Number Port10n of#08230590l 108 fOJ00)-0160/SAO 11 :5-7() 069! 6/14/0 I = = ,....., SANITARY SEWER EASEMENT Parcel 3B-2 For and m cons1derat1on of Ten Dollars ($10 00) and other valuable consideration the receipt of which 1s hereby acknowledged, THE BOEING COMPANY, a Delaware corporation, ("Granter" herem), hereby grants and conveys to the CITY OF RENTON, a muntc1pahty ("the City" herein), 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, Washmgton Except as may be otherwise set forth herein the City's rights shall be exerc, sed upon that portwn of the Property depicted on Exh1b1t A and more particularly descnbed m Ex.l11b1t B (the "Easement Area") This easement 1s granted subject to and cond1t1oned upon the following terms, cond1t1ons and covenants which the Ctty hereby promises to faithfully and fully observe and perform Purpose The City shall have the nght to construct, operate, rnamtam, repatr, replace and enlarge the sewer ptpehne together wtth all necessary or convenient appurtenances therefor 2 Compliance with Laws and Rules The City sha!I at all times exercise its nghts herem m accordance with the requuements (as from ttme to time amended) and all apphcable statutes, orders, rules and regulations of any public authonty haVJng JUnsd1cllon 3 Removal of Fill Material In the event that the Cny encounters, or suspects that ,t has encountered any hazardous substances m the Easement Area m 'furtherance of its nghts set forth m paragraph I, the City shall cease all operat10ns and jOOOOO 0000JS1l00J7Jj HJ/ ~ 1-J0•1.S,OO , (T") = = Lr> = = "' no11fy Grantor. If the encountered or suspected hazardous substances are not the result of the acts or omissions of the City, Granter shall, at its own expense, detennine if the matenal is hazardous, as detemuned by apphcable Jaw If the matenal should prove to be hazardous, then the Grantor shall, at its own expense, remove, dispose,.or otheiw1se handle such hazardous substances, as necessary, m accordance with applicable law, or reroute the Easement Area, if possible If hazardous substances are removed, Grantor also shall proVlde substitute nonhazardous material to replace the removed material for the City to use in 1ts 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 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 om1ss1ons of the City, Grantor's charactenzatton of the substances mvolved and any removal, disposal or other handling costs incurred m connecuon 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 incurred due to the delay in operation 4 The City's Use and Activ11Jes 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 herem 5 Grantor's Use of the Easement Area and Access by Grant or Dunng Constructton Grantor reserves the nght to use the Easement Area for any purpose not mcons1stent with the nghts herem granted, proVJded, that Granter shall not construct or mamtam any bu1ldmg or other structure on the Easement Area which would mterfere with the exercise of the nghts he rem granted The City shall make proV1s1ons satisfactory to Grantor for contmued access by Grantor along, over and across the Easement Arca dunng penods m which the City 1s conductmg construction or other act1V1tles In the event of an emergency requmng 11runed1ate action by ellher party for the protection of its fac1ht1es or other persons or property, such party may take such acuon upon such notice to the other party as 1s reasonable under the circumstances 6 Indemnity The City agrees to mdernn1fy and hold harmless Granter, Grantor's directors, officers, employees, agents, servants and representauves from any and all actwns, liab1ht1es, demands, claims, suits, Judgments, liens, awards, and damages of any kmd or character whatsoever (heremafter referred to as "Claims"), mcludmg claims for death or mJury to employees of the City, costs, expenses and 'reasonable attorneys' fees mcurred by Gran tor m defense thereof, asserted or ansmg IOOOOO-OOOOIS[)OOJ73l l4l I -2-l0/25/00 <.:·, ""' directly or md1rectly from, on account of, or m connection wHh the City's operat10n, maintenance and control of the Easement Area (and improvements thereon) With respect to all or any porhon of the foregomg obhgallon winch may be held to be withm the purview of RCW 4 24 115, such obhgauon shall apply only to the maximum extent permitted by RCW 4 24 115 7 Notices Nouces required 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 time such notJce was deposited m the U S mm! addressed as follows To Grantor W11h 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 98 I 24-2207 Attn Mr Rick Ford Phone (425)237-2336 Boemg Realty Corporat10n PO Box3707-M/S2R-79 Seattle, WA 98124-2207 Attn Mr Jeff Adelson Phone (206) 544-5918 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 Services 1055 S Grady Way Renton, WA 98055 Attn Property Semces D1v1s10n Phone ( 425) 430-7200 Either party may change the address to which nottces may be given by g1vmg notice as above proY1ded 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 1-00000-00001,noonn 54JJ ~J-10,1:s,oo = = "" exercise its nghts hereunder, provided that the Cay 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 penrnts, !eases, license;;, and easements, 1f any, heretofore granted by Grantor affectmg the Property Gran tor 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 obhgattons of the parties shall mure to the benefit of.and be bmdmg upon their respective successors and assigns 11 Termmatton 11 I Terrnmauon for Breach In the event the City breaches or fails to perform or observe any of the terms and cond1t10ns herem, and fails to cure such breach or default w1thm nmety (90) days of Grantor's g1vmg the City wntten 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 circumstances, Gran tor may terminate the City's nghts under this Agreement m add1t1on to and not m hmuauon of any other remedy ofGrantor at law or m eqmty, and the failure of Grantor to exercise such nght at any lime shall not waive Grantor's nght to tenn1nate for any future breach or default 11 2 Termmat!On for Abandonment or Lack of Necessity In the event that the property designated with hatch marks on Exh1b1t A ("Benefited Property") 1s developed with at least one bmldmg with a finished floor height of sufficient elevallon for a side sewer connectlon as 1dent1 tied m Exh1b1t C (Sanitary Sewer Avai!ab1ltty Report), the City ceases to use said 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 terminate the City's nghts under this Agreement DA TED this ( ~ * day of_\.,_\\.-"-',..,~~,.,,_,.,._,_,,..,_./"----' 2000 THE CITY: GRANTOR: City of Renton The Boemg Company, a Delaware By ~u••~ ease Tanner Its Mayor [00000 OOOO/\ll00173l l<3[ .4. c..-, <V"> CT) <::1 a::'I .,, = N ~-= = "' CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 1«.¢M:=«~4'<:<'¢¢«.¢.X-<x-<x,;;:«q,«¢4'.¢..~!X«~.;.-.«~.«;,c¢«««¢««.««:<'.<:r««o~ ~ State of Cahfom1a } i County of los A?Jl /es ss i j ~ ~ f p ~ ~ p, ~ A I ~ p, On /JOV emht/ l,, :}_cw. before me, ltlllL E Sh(/ ver -Alo (ii ·c ,q, h{ IC o... /)I.'/,{) {1J, h,, ";:1"'" .. "'""""'I•• ,-0oo personally appeared /-"'II _ Cj.-J-t l.. DAWNE SHAVER I CJ) COMM I l 156725 Cl) a: Notary PutM!<: Caldom1a ]] ORANOE COUNTY u, f 4 ~~ ~~mm fl ~p,r., Oo1 1 ~ 2001 T ~·) 1)1 $.,gr,e,{11} f!5 personally known to me 0 proved to me on the basis or satisfactory evidence to be the person{5) whose nam0\S} is/are subscribed to the w1th1n instrument and acknowledged to me that he/,hetth&)' executed the same rn h1slhe<lthei, authorized capacrty(,esJ. and that by h1slhertttnm s19nature{5) on the instrument the person(sl, or the entity upon behalf of which the person{9) acted. executed the instrument WITNESS my hand and official seal Jall 'X_ f: &a I '-()L ~~~~~~~~~~-OPTIONAL~~~~~~~~~~- rnoug,i the mformat10n be/ow ,s rwt r9quired IJy Jaw ,r may prov6 valuable to persons r&lyrn9 on fhe document and could prevent fraudulenl removal and reattachment of this form to anoll'ler docvmefll Descnpt1on of Attached Document Title or Type of Document Document Date __ Number of Pages ______ _ S1gner(s) Other Than Named Above ----------------------- Capac1ty(1es) Claimed by Signer Signer's Name ------------------------- 0 lnd1v1dual D Corporate Officer -Title(s) 0 Partner -D L1m1ted [] General 0 Attorney in Fact 0 Trustee U Guardian or Conservator CJ Other --------------------------- g S,gner Is Represenllng ~ ~««««««<'.lXlC«««~«=«==-«~=«««=='CC<:<.«======«««==«=««~f o 1997 N~,onaj Nol#ry A$~1(W't 93~ C>a Solo,.,....., Po eo, ,,02 CllsllS...-oM CA 9,311 71,01 •5'... Pioo No 590T Reoide< can ro11 r,oe , 600 816 63] r = = '" STATE OF WASHfNGTON ) ) ss COUNTY OF KING ) 7 " ' '*·· On this ~ day of Osu,,,,J,'C,..200ft, before me the undersigned personally appeared Jesse Tanner to me known to be the Hayer of THE CITY OF RENTON, the mumcipahty 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 therem ment10ned, 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/~B00)715 541) (Stgature of Notary) $" U. ~ll) f\ )) L.: ,.,_ b" I J (Prmt or stamp name of Notary) NOTARY PUBLIC m and foµhe State of Washmgton, residmg at .:X"',;f/'<- My Appomtment Expires ,,/c, • .-, -6-10 2' 00 ' = ..r, PROPOSED SB9i0'26"E 15 85' PARCEL :lll-2 ~ "' PARKING LOT 38 ~ PROPOSED PARCEL 38-2 PROPOSED PARCB. :lll-J NB9i0'26"W S71 "59' 30"W __.\-----\--30 00' 1.J:GBO P OB S STREET lolONUMOO IN CASE • SS ~HOLE ---PROPERlY LINE fill £ASEM[Nl PARCEL 2 OF LOT 38, EXHBT TO Accalf'ANY EASB 0'1" Fa:! PlBJC SANTARY 8EW8't 8TSIEM SEt/4. NWl/4. SEC. 8, T2llN, R5E, WM. ~ ~ z\j ~1 N00"29"J1 "E. 427 34• N. 8TH ST. PREPARED BY DUANE HARTMAN & ASSOCIATES 01/11/01 EASEMENTPARCEL3B~ 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 c• 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 & Assoc,ates, Inc Job No 00-146 November 27, 2000 Revised June 27, 2001 <.:, ....., 1 ~ t en --· = ...... ........ "' = = - (Ol00l-<>l4GISAO I l 370 Oo~J EXIIIDIT C JSanilary Sewer Availability Report} j. r L--1 ' / ' ! I l/1· > I ' l ,9- ' ~:::, = "' -- = = ,-... PROJECT NO. 00-!0754 REPORT NO. 00-10754/001 SHORT SUBDIYJSION YARKING LOTS JB AND 6 SANITARY SEWER AVAILABILITY STUDY SANITARY SEWER AVAILABILITY BOEING REALITY CORPORATION SEATTLE, WASIDNGTON SUMMARY DATE: JULY 26. 2000 REVISION I: AUGUST 18, 2000 REVISION 2: MAY 7. 2001 Boeing Realty Corp ,s cons,denng subd1Y1d,ng Parlong Lois 3B and 6 These are the two blocks bordenng Garden Avenue on the west and east sides, respectively between N Park and N E1gh1h Street Lot 6, to the cast of Garden extends cast to the ratl tracks This sewer availab1hty srudy was perfonned by the Hams Group Inc to detennme the area of each new short subd1vis1on lot that can be served by gravity sanitary sewer Each lot must be served by the ex1s11ng City of Renton sanitary sewer mam systems on N Etghth Street and Garden Avenue North The design cnlena used to determine 1 f gravity sanuary sewer was available to each new lot was as follows • Any pnvate main or stde sewer outside of the possible building envelope was sloped at O 5% Mamtammg 1h1s slope requires I hat those Imes be a mm1mum of eight mches in diameter • Sanitary sewer under the building footpnnt were sloped at \ 0% per the Umfonn Plumbing Code Section 708 0 Grade of Honzontal Drainage P,p,ng Section 708 0 allows a I% slope when approved by the Adm1mstrat1ve Authonty For purposes of this study, the pcss,ble building foo!J)nnt area served by the sewer was conservatively calculated by assunung the ttansltlon from O 5% slope to I 0% occw-s at the setback lme 1n reality, the actual building footpnnt will probably be fW1her back than the setback hnc because of parking requirements. and storm water management usu.es • Fmish floor (FF) elevation was detenn1ned for each lot based on s,te grades or as required 10 provide under budding samtary sewer coverage • The highest allowable under building foo!J)nnt samtary sewer grade elevahon was set at 1 · ·6" {invert to top of fimshed floor) below the determined finish noor elevation to allow for fimshed plumbmg tumdowns and bends Based on the design cnlena above each new short subd1v1s1on lac h:is over 90 percent of its allowable building footpnnt area av:ulablc to gravity sewer servtce to a portion of 1he ex1st1ng Cay of Renton sanitary sewer system ~- 2 DESCRIPTION OF FACILITY The following t.ible provides a break down or the preliminary sewer design rc:sulls for each new short subd1v1s1on lot For each 101 the dc1cm1incd building finish floor ck:va11on 1s gTven, che cxpec1ed grade: of the sanitary sewer system out side or the available lot building foatpnnt, the cx.pccted maximum lenglh of sewer \me under the: build mg fool prtnl, the Ctty of Renton samtary sewer :s.ystcK1 manhole m which the lot w1ll connect to, and a descnpuon of how the lot will connect tp the City sewer system SHORT WT BUILDING SA.NIT ARY MAXltilUM CITY S>.i'iliA.RY HOW IS CONl'loECTION SUBDIVISION NO FINISH GRADE AT L£1'GTH or MANHOLE MAD£ fLOOR SETBACK SAN PIP[ WHICH TUE LOT [l[VA.TION (FEEn UNPER BLDG CONNECTS TO (rtEn "Tl a•1. SL01'£ <F[>'.n LOT6 l " 20 J5 "5 Ill PUBLIC SEWER MAIN LOT 6 ' JO 22JS 6lS l>J PUBLK' SEWER MAIN LOT6 ) JI '" l60 Ill PUBLIC SEWER MAIN LOT 6 4 )1 '" "' NEW MH E OF 61 SIDE SEWER LOT)B I " 176 7?0 I lJ PUBUCSElt'EA WJN LOT }8 ' "l '°' 120 Ill PUBLIC SE.WER ~AfN LOT JB J )0 l 2168 .00 Ill PUBLIC SEWER MArN LOT)B J ,(I, ,., 1)' 4&0 161 SIDE SEWEFl LOT J8 ' ll /l M 16' /1J PUIUC SEWER /,/,UN The following ts a shon descnpt1on of how each 101 or a group of lots will be graV1ty drained to the exist mg Cit)' of Renton sanitary sewer system • SHORT SUBDIVISION PARKlNG LOT 6 LOTS 11 2 AND 3 Samtary sewer service to these three lots is complicated by the large 48-,nch and 72-mch storm drain sewer mams that shield access to the existing eight.inch samtary sewer mam on Garden Ave N Based on conversallons with both Dave Chnstenson and Ronald Straka wllh the City of Renton u was determined that tt would be feasible to route the sanitary sewer for these lots tJvough both the 48~mch and 72~mch storm sewer systems 1n each case a new manhole will need to be placed at r:ach crossmg, and the samtary pipe will need to be sleeved in ductile iron pipe The other cntena in111ally set 1s that the sanitary ma1r1 needs to be above the 70 percent flow capacity line of each pipe Based on this cntena the new lot public sanitary sewer mam will be crossmg through the 72-mch stonn sewer pipe at an elevation of. approximately 20 4 feet 1n elevatlon or 3 8 feel above the invert of the 72-mch p1pe The anached drawing shows th,s conct:pl • Once the public sanitary sewer main ,s on the east side of the 72-mch storm sewer a manhole will be placed to serve Lot I and provide extension of the public sewer system lo Lots 2 and J at a slope ofO 5% SHORT SUBDrYIS!ON PARKING LOT 6-LOT 4: SamLary sewer service to this lot will rcqutrc a manhole be ,nst.al\cd on the c:K.1s.tmg 20" City of Renton samt.3ry sewer main on Nonh 8th Street appro,imatcly 80 feet east of city Sanitary Manhole 6 l -11- = = ,:-.., • SHORT SUBDIVISION PARKING LOT 38 -LOT I• This 101 will require a publ,c .sanrtary sewer mam system extending from 1he existing C1ty of Renton-Sanitary Sewer Manhole 153 on Garden Ave N The ex1shng 12-mch City of Renton htgh-pressure wa<er main may need lo be routed under the new sewer 1f a conflict 1s encountered • • SHORT SUBDIVISION rARKING LOT 38-LOTS 2 AND 3: These two lots wdl have a pubhc sannary sewer mam system 1ha1 will coMect to the existing City of Renton sanitary sewer manhole I SS on Garden Ave N Outside of the building footpnnts of these two lots a sanitary manhele WIil be provide to convey the now from each respective lot An alternate or add111onal san1/ary sewer service to lot J will require the 11Utallat1on of a 11de sewer mlo the exl!ling City of Renton Sanitary Sewer Manhole 168 on N Eighth Street SHORT SUBDMSION PARKING I.OT 38 -LOT 4: Tlus lot w,11 require a public samlary sewer main utendmgfrom the uullng C11y of Rtnton Sanitary Sewer Manhole 153 on Garden Avenue No Tlus pub/re sewer also serves lot I AL TERNA TE SEWER PLAN The following table provtdes a break down of the alternate prehmmary sewer plan for each new shon subdiv1Sion lot that allows each lot to be provided santtary sewer scmce by a side sewer for each lot the determined butldmg fimsh fioor elcvauon is given, the expected grade of !he samtary sewer system out s,dc of the available lot butldmg footpnnl, the expected maximum length of sewer ltne under the butldmg foot pnnt, the Cny of Renton sanitary sewer system manhole ,n which the lot will connect 10, and a descnption of how the lot will coMcct to the C1ty sewer system SHORT LOT BV1l.D1N'G SANJTAJIY MAXJMUM CITY SA.NJTAJIY HOW JS CONN[CT10N SUBDr.'ISlON NO flNlSH GRADE AT LENCTHOF '1ANHOL£ WHICH THE MAD£ FLOOR StTBACI( SAN IIPE LOT CONNECTs TO ELJ;VA.TION (F££1) UNDER BLDG (FEET) AT I 0•1. SLOPE fFEEn LOT6 1 " 21 ''° '" SIDE SEWER LOT6 ' )17 24 .. , PlfE SIDE SEWER LOT6 J )l , .. >60 ,,. SIDESEWEA LOT 6 • l2 2' 7 ''° PIPE SIDE SEWER LOTJB ' l7 l7' 790 Ill SIDE SEWER LOT JB l l7 l 10 I llO in SIDE SEWER LOT JB J JO 7l 2] 23" 600 PIPE SIDE SEWER LOTJB Uh 29' l)' ''° 161 SIDE SEWEllS LOT JD • l7 17 17 ll<l PIPE SlDESEWER The following 1s a short descnpllon of how ••ch lot or a group of lots will be graVlty dmned to the ex1Stmg City of Renton sanitary sewer system • SHORT SUBDIVISION PARKING LOT 6 -LOT I: Somtary sewer semce to thrs 101" comphc,ted by the large 48-mch ond 72-tnch storm dram sewer moms that shield access to ihc ex1stmg S·mch s~mlary sewer mam on G~rdcn Ave N Dascd on conversat10ns W1th both Dove Chnstcnson and Ronald Str,k•. with 1he C,ty of Renton, 1t was detcnnmcd that ti would be feasible to route 1he samtary sewer for lhrS lot through both the 48-mch and 72-,nch storm sewer S)'stems In each case 3 new manhole w,11 need to be placed at each crossing, and the -M.- ' = = '"' sanitary pipe will need to be sleeved m ducttle iron pipe The other cnlena m1ha\ly set 1s lhat the sanitary mam needs to be above the 10 percent flow capacity hne of each ptpt: Based on this cn1ena the new Jot pubhc sanitary sewer mam will be crossing through the 72-mch storm sewer pipe at an eleva11on of approximately 20 8 feel m elevation or 4 2 feel above the mvcn of the 72-mch pipe The attached drawing shows th,s concept • SHORT SUBDIVISION PAR.l<JNG LOT 6 -LOTS 2 & 3: Lot 2 will r~quirc 1he placement of s1lle sewers over the top of the 72-mch and 48-mch storm dram Imes The s,de sewer w,11 drop mto the ex1stmg e1ght-1nch City of Renton per 1he City of Renton typical detail side sewer mer detail Lot 3 Side sewer will also go over the 72-mch and 48-mch storm dram hncs, and then will enter mto lhc City Sanitary Manhole l S8 • SHORT SUBDIVISION PARKING LOT 6 -LOT 4: Samta,y sewer semce to this lot will require a S1de sewer connection be 1nslalled on the cx1S1mg 20-mch City of Renton sanitary sewer mam on N Eighth S1rcet approximately 80 feet cast of City Sanitary Manhole 61. • • SHORT SUBDIVISION PAR.l<JNG LOT JB -LOT I: Tlus lot will require the placement of a Side sewer onto ex1sttng Coty of Renton sanitary sewer manhole l SJ on Garden Ave N The ex,stmg 12-,nch City of Ren1on high-pressure water main may need to be routed under the new side sewer 1f a conflict is encountered SHORT SUBDIVISION PAR.l<JNG LOT JB -LOTS 2 AND 3: Lot 2 will have a s,de sewer that will connect to the ex,snng City of Renton Sanita,y Sewer Manhole I 55 on Garden Avenue N Lot 3 will have a standard City of Renton side sewer connecnon 10 1he C,,y of Rcnton's 8" sewer main and Garden Avenue An alternate or addmonal sanitary sewer servrce to Lot J wrll require the m.stalla11on of a Slde sewer rnlo the ex1.st111g Ory of Renton sanitary sewer manhole 168 on N 8th Streel , SHORT SVBDIVJSION PARKING LOT 3B LOT 4: Sonuary sewer service 10 thu /01 will require a s,de sewer connec,,on mto rhe e.ruflng C11y of Renton sanitary sewer approx,mate/y 70 feet north of Manhole / 53 CONCLUSIONS Grav,ty sanitary sewer service IS avaliable lo each of 1he Jors on rhc proposed Shon SuodmS1on, Parlang lots 38 and 6 Building sewer semce should be available mover 90% of the allow bu1ld1ng foolpnnt of each Jot In our opm1on, 1he portions of the Jot without e<lverage arc not s,g,11ficon1 because • The areas not covered arc small It JS hkcly that any restrooms or other uses could be loca1cJ in a por11on of the buoldmg 1ha\ has access • Parlang and storm water management issues will reduce the maximum s,ze of the bu1JJ1n1 from that ~Jculated to form the setback rcqu>tcmcnu alone. Parlang and storm ""Cf structures could be located m these areas where the sewer docs not reach. lf you have any question regarding methodology, routrng,, or conclusion of this report ple3SC reel lrf"C' lo conlOct Homs Group Inc at (206) 494-9400 -1~- en = = ..,, = = ""' 5. APPENDICES , S11e Plan (SK-Cl) Re, A • Alternate S1te Plan (SK-C2) Rev A RSM/meh I EXPIRES 7118/ -t,d{J l,. 99·10745110745rp100i_Rl d<>< cc ltSM. IT. RGV. F,lc Prepared by •=s:~ cN1esh, PE Engmeenng Manager Retul'II Adclma Oftkt of thr C11y Clerk Renton City Hall t0SS Sou1h Grady Way Renton. WA Q3055 Doclll'lleal Title(1) (or transaction.~ contained therem) I l.)eveloiunerit Agreement for Renton Plant Redevelcpment Refereatt Nlllllber(1) o1Docllllltllts wiped or released: {Oil page __ of documonls(•)) Grantor{s) (Lnst name first, then tint name and onrt11ls) l The 13oc,ng Company Graalee(•) \l.tlst name first, then first name ancl lnit1als) I City of Renton Legal d"*'1'iplioa {abbreviated 1 e lo!, block, plat or sect,on, town&'11p, nnge) ·- POl\lons of Renton Farm Plat, Renton Farm Plal No 2, PIii ofsationsvdle, Renton Boller Work, Short Plat, Renton Fann Acreage Plal, City ofRenton Short Plat, CH Adsil's Lab Wuhmgtm 1'111, and Government Lois I, 2,and 3 -STR08230S TAX LOT SS PCL I BOEING, STR08230S TAXI.OT l IS PCL 2 BOEING, STR 08230S TAXLOT 880 PCL 3 BOEING, STR 082305 TAXLOT 19 PCL 4 BOEING, STR 082305 TAX LOT 9 PCJ. S BOElNO, STR 08230S TA.XI.OT 37 PCL 6 BOBINO, STR 08230S TAXLOT 105 PCL 7 BOEING. STR 082305 TAXLOT 152 PCL 8 BOEING, STR07230S TAXLOT I PCL 9 BOEING, STR 072305 TAXLOT 46 l'Cl 10 BOEING, STR 082lOS TAXI.OT 11 PCL 11 BOEINO, STR ~OS TAXLOT 187 PCJ. 12 BOEING. STR08230S 'l'AXLOT79 l'CL 13 BOEINO, STR 072305 TAXI.OT IOOPCL 14 BOEIOO, STR08230S TAXLOT204 PCL 15 BOEING [RI Full legal ,s on pages __ through ___ of document ANesoor'• i'rotl*rty Tax Pi,rctl/Acl,o1111t Namber Por11ons oftM followmg· ij756460-00SS-04, n22300-0l lS-08, #722400-0880-00, #082305-9019-00, #082305-9]09-00. #082305-9037-08, #722300-0 I OS-00, N08230S-9152-07, #072305-9001-0 I, #072305- 9046-08, 1Hl82305-901 l-08, #082305-9187-06, #08230$.9079-07, #07230S-9100-01, #082305-9204-05 (IBO!INC 0.. 't'efffll<II 11 24 Ol doe] 11/WOl r DEVELOPMENTAGREEMENTBETWEEN THE BOEING COMPANY AND THE CITY OF RENTON FOR REDEVELOPMENT OF A PORTION OF THE BOEING RENTON AIRCRAFT MANUFACTURING FACILITY I. PREAMBLE TI1is 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 authorit)• of RCW 36. 70B.l 70 through .210, under which a local government may enter into a development agreement with an entity having ownership or control ofrea! proper()· within its jurisdiction. JI. RECITALS A. Owner own,; approximately 280 acres of real 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 Area- 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 designatt'.d by the Comprehensive Plan as Employment Area-Office. C. In 2002, Owner informed Renton of its plan to consolidate its Renton Plant operations to the site area west of Logan Avenue, an effort commonly known as the "Move-to-the-Lake." Move-to-the-Lake is, among other things, intended to release underutilized land as surplus 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 1112.Wl P1a.c 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 1111d Rent<ln 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 Renton entered into an agreement concerning the funding and construction of the extension of Strander Blvd. across Owner's Longacres property ("Strander Agreement"). Among other thin~ the Strander Agreement establishes a $1. 7 million ttansportation mitigation credit to Boeing that may be 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 amendm~nl of the Cmnprehensive Plan designation applicable to the Renton Plant site ("Comprehensive Plan Application") from 1H 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 stlllldard for the Renton Plant site H. On December 20, 2002, Renton imposed. by Resolution 3609, a Moratorium on development in area~ of Renton, including the Renton Plant, zoned Ill. One stated 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 nnd zoning" of those areas zoned heavy industrial (TH). I. On January 13, 2003, 1he City Council held a public hearing on the Moratorium. At the request of the Boeing Company, Renton ,unended 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 (IHOW,(J ll,,\· Agrccm .. 1 11-24-0l doc l heavy industrial (ffi), but also agreed to support Boeing's "Move-to-the-Lake" including any required building modification or conslnlction. 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 J.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 Dralt 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 un October 21, 2003. L. Portions of the Proposal 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 tile subject of the City Cowtcil Hearing held on November 17, 2003. The City Council adopted all by ordinance on November 24, 2003. M. Owner has detennined that the portions of the Renton Plant Site known as Lot 3 imd the I 0-50 site will become under-utilized at the completion of Move-to- the-Lake. Consequently, those portions of the Plant may be surplused and made available for sale, in the near future. IN LIGHT OF TIIE FOREGOING, and because successful redevelopment of all or portions of the Renton Plant si1e will be oflong-tenn benefit to both Renton and Owner. Renton and Owner do hereby agree as follows: rn. AGREEMENT 1. Definitions 1. l Arterial Roads means the primary public roads supporting District I and 2 Redevelopment, as diagrammed in plan and section and described on Exhibit 2 f/HO~ING IJ<' ,\µ..'Cm<nl 11-2~-0Hoc) 11124.0.\ Pap3 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 Reg1Jlations 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 requirements and other elements of development within a given zone. I. 5 District I means that area of the Renton Plant Site located east of Logan A venue, as designated on Exhibit 3 attached. l.6 District 2 means that area of the Renton Plant Site located west of Logan A venue, as designated on Exhibit 3. I. 7 Economic Benefit Analysis means the calculation of estimated one time and recuning revenues and jobs gen1,111ted by a proposed Redevelopment project. 1.8 Franchise Utilities means electricity, natural gas, telecommunications, and other utilities not provided by Renton. I. 9 Interchanges mean access points from Renton roadways to and from Interstate 405. I. IO Intersections mean the general areas where two or more roadways join or cross, 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 Loc!il Roads means all on-sile roads that are not Arterial Roads and that are necessitated by Redevelopment. 1.13 on:site Intersections means int~rsections not included within District l or Distrkt 2. I J/'l,W3 ...... 1.14 On-Site Intersections means the intersections shown on Exhibit 4. 1.15 Owner means Boeing Md any transferee or succe.,sor-in-interest of all or any portion of the Renton Plant. I .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. 1.18 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 I A 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. 1.23 Subdistrict I B means that portion of District I commonly known as the I0-80 site, Lot 10, and other Boeing-owned parcels cast ofLogan Avenue and south of g•h Street. 1.24 Subdistricts means Subdistrict I A, Subdistrict 18, and District 2, collectively. 1.25 Utilities meRns water, sewer and stormwater system improvement,; that serve the Renton Plant Site. 2. Basis or Agreement 2.1 latent This Agreement establishes certain roles and responsibilities for the potential phased Redl..-velopment of all or a portion of the Renton Plant Site, including but not 11/l.\!CJ ..... , limited to Renton commitments for corresponding potential funding and construction of certain public infrastructure improvements benefiting the Renton Plant Site and the community at larg,., and Owner commitments to participate in the ftmding of certain public improvements, to fund all private aspects of Redevelopment, and to redevelop 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 ofa SEPA "Decision Document" and .. as such. establishes all SEP A-based conditions necessary to mitigate potential adverse impacts oflhe Proposal, and Renton's &pproval of the Subdistrict IA Conceptual Reta:I Plan. 3. RedevelopmePt Plannlag Redevelopment of the Renton Plant Site may occur incaementally 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 I A, Subdistrict l B. and District 2, as illustrated in Exhibit 3. Conceptual planning, pursuant to the requirements of this Agreement, will be supplemented by master planning and site planning pursuant to the requirements ofRMC 4-9-200. 3.J Cpaceptul Pia• At the time at which Owner wishes to subdivide, «kNeklp, sell, or otherwise alter any property within the Subdistricts for uses J1()( related to airplane manufacturing or supporting uses, it will submit to Renton a Conceptual Plan including: 3.1. l A narrative desctibing the conceptual Redevelopment proposal and its relationship to the Renton's Comprehensive Plan Vision and Policies for the Urban Center-North; 3.1.2 The estimated timinf and sequencing of property surplus and sale (if applicable); 3 .1.3 A description of the proposed uses including the general mix of types, estimated square footage of eac.h building and parking for each structure, heights and residential densities; 3.1.4 The general location ofuse concentrations (i.e., residential neighborhoods, office or retail cores, etc.); [W~INO De, ,\11Ncm,n, 11-14.-03 doc) I l/l4,03 l'lgo6 3.1.5 Vehicular and pedestrian circulation that includes a hie!lll'Chy 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. I . 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 Modificatlom to Approved Conu.ptual Plans 3.4.1 Modifications to an approved Conceptual Plan may be made after an administrative detennination 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 If it is determined 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 Council approval is required. 3.5 Subdistrict IA Conceptual Retail Plan Owner has produced a Subdistrict I A Conceptual Retail Plan, attached as Exhibit 5, that meets the requirements of Section 3, outlining proposed Re<kvelopment of Subdistrict IA. By adoption of this Agreement, the City Council approves this plan as the Conceptual Plan for Subdistrict I A. 3.5. l The Subdistrict lA Retail Conceptual Plan includes development of approximately 450,000 sq. ft. of large-and medium-format retail stores and 11124/0l Pago 7 approximately 110,000 sq. ft. of small retail shops, as ~II 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 IA Retail Conceptual Plan, which is forecast to produce estimated revenues to Renton of approximately S 1.2 million in one-time, construction related revenues and an escalation to approximately S l .S million in recurring annual revenues to 5Upport Subdistrict IA Retail Redevelopment beginning in 2009, demonstrates revenues sufficient to fund Renton's obligation to construct public infrastructure supporting Subdistrict IA 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. Infrastructure Required to Support Redevelopment Transportation and trunk utilities anticipated to be necessary to support Redevelopment and the manner in which each will be funded and developed are discussed below. Exhibit 2 generall)' illustrates each segment of Arterial 'Roads. Exhibits 6A, 68, 7, 7 A, 78 and 8 illustrate supporting trunk utilities. Exhibit 9 describes infrastructure components and corresponding anticipated cost. 4.1 Transportation lmprnvements 4.1.l Arterial Roads Required at Fall Build Out The parties 8gr'!C 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 IO as District I, Subdistrict I A roads and listed by segment on Exhibit 9 are anticipated to be necessary for full Subdistrict IA Redevelopment. ('l!O~IN() Ile, Aer«•1<11t 11·24-034oc) 11124.113 raps 4.1.3 Subdistrict 18 Arterial Roads TI1e parties agree that the Art<-'lial Roads or portions thereof diagrammed on Exhibit 10, with typical sections of the individual Arterial Roads shown in Exhibits I OA through I OE (hereinafter collectively referred to as Exhibit I 0) as District l, Subdistrict I B and listed by segment on Exhibit 9 are anticipated to be necessary for full Subdistrict I 8 Redevelopment. 4.1.4 Other Arterials TI1e cost of required improvements to arterial roads not addressed by this Agreement will be paid by property owners or developers benefited by the improvement based on a fair share allocstion of total cost 4.1.5 Arterial Road and Other Public Infrastructure Funding 4.1.5.l 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 c011Struction, increased sales tax from Redevelopment improvements and the property tax and ether revenues generated by Redevelopment to fund its share of the public infrastructure anticipated under this Agreement. 4. l.5.2 Renton will retain one-third (1/3) 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 fond Arterial Roads and other public infrastructure under this Agreement, to be paid for by revenues generated by Redevelopment pursuant to the terms of Section 4.1.5.1. For example, $12,000,000 in bonds wm.lld require approximately $1,000,000 per yenr in debt service tor 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 approximately $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. [IIIOFING O.,· -~sn:em01• I 1,l4-0J doc] l l,1!4/03 P&ge9 4.1.5.5 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 tor 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 cieerns necessary, to allow continued operation of facilities within the right of way thal 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 construc1ed, and upon Rcnton's request, (a) demolish such buildings and (b) cap and abandon any W1derground 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 c\llTCnt right of way. Expansion of Park Avenue anticipates use oftbe existing road. Some additional realignment may be necessary to connect Parle Avenue to Logan. Owner will dedicate the necessary right of way to realign Park Avenue to provide symmetricnl right of way and as an11cipated for expansion under Exhibit 2. Renton will vacate an:,, 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 c,ccupied 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 tht> building is demolished. 4.1.6.4 Renton shall not vacate any right of way dedicated by Boeing necessary to serve Redevelopment, until redevelopment is complete or upon the approval ofJ3oeing and Owner. 11124/0J Page IO 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 to 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 tA 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. I. This early design shall be completed as soon as reasonably possible for the pwpose of defining the J01;:Stion 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 \o pennit Owner to establish its property lines for puiposes of sale. 4.1.8 General Construction Timing Clmstruction 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 SEP A 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 OWncr 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 Arterial Rl-.ad construction is not timely completed, Renton shall identify and construct, nt its cost, mutually acceptable interim access. 4.2 Intersections 4.2.1 On-Site Intersecdons The cost of On-Site Intersections will be paid by Renton according to the principles set forth in Section 4.1.S, except that Owner will pay (a) the cost of left turn lanes necessary to provide access to Redevelopment and (b) that portion of the cost of the traffic signal necessary to support left tum mavements. f.'8DEING D,-Asmm<ftt I i,2Ml dno] 11/2411>3 Pai:• ll 4.1.2 Ott-Site I ntersectfons 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 traffic 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 1. 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 portion 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 laterchaages The parties agree to collaborate on lobbying and other efforts to receive state and federal funding of 1-405 interchange: 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.uessed as 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 Mitiption 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 11124/0l hgo 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. I Renton shall, according to the principles set forth in Section 4.1.S, install water lines to support redevelopment in coordination with the 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 6B, 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 redwuiancy. 4.8 Stormwater Conveyance Renton shall, ac~ording to the principles set forth in Section 4.1.S, install a stormwater 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 stormwater drainage and collection system. The segment lengths, tyJ:e 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 stormwatcr 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 stormwater 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 4.1.S, install sewer main lines to support redevelopment, in coordination with the construction of Arterial Roads. (/'f\t)f..lNCi Oc-\· Apenncm 11~24-03 doc:] 11124/lll Pagon 4.9.2 Sewer main lines shall be installed consistent with the proposed plan provided by Renton 's Department of Public Works, described on Exhibit. 8, 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 S.I Trlgering Events Should Renton he unable to timely fund public Infrastructure improvements or should Owner or Boeing (if Owner is 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 ofSectio.'l. 5.1 hereof. the parties hereto agree that, Owner or Boeing may choose, at it3 sole discretion, to provide alternative financing for all or a portion of public infrastrm.'ture by one of the following means: S.2 Potential Alternative Financing Met.bods 5.2. l Owner or Boeing or some other party may build all or a portion of the Ancrial 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 qualift as a promise to pay withiri the meaning of Section 103 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, ~ystcrn or similar enterprise with respect to which revenues are expected to be available for the ultimate repayment of the capital cost of such property. 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 authorize.'<! to issue. 5.2.4 To the extent that any alternative financing may be structured in a manner which will pennit nationally recognized bond counsel to opine that the interest on any obligation is excludable from gross income of the holdet of any obligation for federal income tax purposes, then Renton and Owner or Boeing covenan1 and agree to cooperate in good faith to structure the alternative financing in such manner. 5.3 Repayment 5.3.1 In the event that Owner or Boeing exercises its right of alternative financing pursuant to Section S.1, the parties shall cooperate in good faith to enter into an agreement, pursua:it to which the parties shall identify any and all fees, user charges, revenues, taxes and other benefits wtilch 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 determine the aggregate benefits to Renton and any other funds that Renton may obtain from other goVl!mmental authorities. S.3.2 The parties agree that they shall, to the maximum extent not prohibited by law, directly or indirectly allocate two-thm:ls (2/3) of such ta,ces, revenues and other benefits identified in S.3.1, over time, to pay amounts due with respect to isltemative 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 determining the total amounts of public resources which shall be allocated to repay such costs, so that the net benefits resulting from the transactions and public infrastn1cture are allocated or deemed allocated for such purposes, in a fair and equitable manner. 1t 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 permitted by law, be included in the amount so financed 1111d shall be similarly repaid. [,UQtlN..; O<v Ar,rc,,mcot 11-24.03 doc) 11/24,113 i'q<l5 6. Vestin& 6.1 Site-Wide Vesting to Comprehe•slve Plan, Zoning use Tables, and Site Plan Process for Term of Agreement Upon signing of this Agreement. the Renton Plant Sile 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 Desiga Guidelines at Time of Conceptual Plan Approval 6.2.1 Generally Vesting to Development Regulations and Design Guidelines shall occur at the time of Conceptual Plan approval pursuant to Section 3.2 of this 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 lhe end of 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 tenns of the IIU!Ster plan approval. 6.2.2 Vesting to Development Regnlatlona and Desiga 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 SectioP 6.2.1. 6.2.3 Addilional Time Neceaaary to Finalize 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 I, 2004. ['80C:.l'SCi Jk\' Agreenwnt f 1 ·2-1.03 Linc) 11/24,1)3 Pqcl6 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, thal the Development Services Director must agree to such election, which agreement shall not be umeasonr.bly withheld. Notwithstanding the foregoing, Renton reserves the authority under RCW 36. 70B. I 70(4) to impose new or difterent regulations, to the extent required 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 rire codes, as detennined 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 l11e parties agree that other development agreements, in addition to and following this Agreement. may be necessary to guide Redevelopment over time. That is, should all or a portion of District 2 be sutplused, the parties llllticipate that this Agreement would be supplemented by one or more additional development agreements, addressing issues such as open space, and new intemul puhlic and private road network and public facilities. For example, the parties anticipate that construction of additional water, sanitary and stonnwakr utility infrastructure, necessary for the Redevelopment of District 2, beyond that associated with the Arterial Roads discussed in Section 4, and which have been conr.eptUally 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 amenilies. Such amenities may include one or more contiguous parcels that provide recrealional amenities and public 11ccess to Lake Washington, create view corridors to Laite 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 process, and additionally, so that Renton can adequately respond to inquiries by prospective purchasers. 9. Potential Renegotiation Bastx! 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. 10. Termination of Moratorium Renton agrees that the Moratorium shall terminate 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 lO amend or supercede the 2001 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 Renton 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 This Agreement may be executed in counterparts, each of which shall be deemed an original. 15. Termination 'lhis Agreement shall tenninate on December 31, 2020. AGREED this / Sf" day of_ /) dll~ , 2003. (.'BOflNG n,,, Ag,«.,,... 11·2>.0J d,,c.J llll4/03 Page 18 • CITY OF RENTON ~--~~ . .,_/ __ Dy: .. ...Js§li....l'..il.!lll.lii.L... __ Its M~ or ...L.:""------ By: COiette Jernrolok [ts: _ __.Authodred Slgnatorv STATE OF WASHINGTON) ) ss. COUNTY OF k \ 10'° ) ATTEST: By: Bonnie I. Walton Its City Clerk ~ City Attorney · · By: Its: Vice President On this il day of Dec,? a-1 c. ,-, 2003, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared ·r c> .,: s e. _1 ~ ,., " .,. c-, to me known to be the person who signed as /\... o,. ~, of the CITY Of' RENTON, the corporation that exec~ 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 and acting as said offict.T of the corporation, that he. was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. (!BOET~ I~\' Agrc~mcnt 11,2-4-03 doc) 1112~Al3 P• .. J9 IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written. j.'l!Ol'ING De, AJ!fCC ... AI 11 ·24-0J doc I (Print or stamp name ofNotary) NOT ARY PUBLIC in and for the S,tate ofWashi~gton, resid~g at ~-ttle My appointment expires: J ->- I 1 '24/IJJ Pa1c :;:o ST ATE OF WASHINGTON) • I ) ss. COllNTY OF N~ ) On this :>ti>: day of Noomhl f . . 2003, before me, the undersigned, a Notary Public in and r the Sta~ of ashi~. duly commissioned and sworn, personally appeared ri 1 • , to me known to be the person who signed as ' of THE BOEING COMP ANY, the corporation that executed the in and oing instrument. and acknowledged said instrument to be the free and volwitary act and deed of said corporation for the uses and purposes therein mentioned, and on oath stated that 5bf was duly electe<~ 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. f'IIOEINO Oc:,· Af,«<111'1\I 11 •24-03 ..,.} (Signature ofNotary) PP<J'ow 4. s ru::-r:": (Print or stamp name of Notary) NOT ARY PUBLIC in and 1\')r the State of Washington, residing at ~llQIYtly u),.. My appointment expires: '),,9 .. 0), ' . 11124.V, hgc21 EXHIBIT 1 LEGAL DESCRIPTION Tracts A, B, C, D, E, F, G and H located m SectJons S, 6, 7 and 8, all in Township 23 North, Range S East, W.M , described as follows: TRACT A (Tax Parcel Nos. 082305-9019, 082305-9209 & 722300-0105 -portion) Parcels A and B of City of Renton of Renton Short Pia! No 093-89, oooorJ.mg to the short plal recorded under Kmg Cwnty Recording No 8911149006, records of King County, Washington, TOGETHER WTIH that portion of the northwest quarter of the southwest quarter of s111d Section 8. l)1ng southerly and easterly of Parcel B of said short pJa1 and westerly and northerly of Park Ave N, and N. 6°' St., respectively ]EACI' B (Tax Parcel No. 756460-0055) J..ols 1 through 13, inclusive, Block 11 of Renton Fann Plat, according to lhe plat thereof recorded m Volume IO of Plats, page 97, record:l of King County, Washington, TOGETHER WITH Lots I through 12, inclusive, of Sartorisville, according to the plat thereof recorded m Volume 8 of Plats, page 7, records of King County, Washington; EXCEPT 1ha1 portion known as Lot 3 of City of Renton Short Plat No. 282-79, according to the sbort plat recorded under King County Reconling No 7907109002, rocords of King County, Washington; and EXCEPT roads TRACI' C (Tax Parcel Nos 722300-0115 & 722300-0105-portion) Bloclcs J and 4 of Renton Farm Acreage, accordmg to the plat thereof recorded in Volunw, 12 of Plats, page 37, records of King County, Washington; TOGETHER WITH those portions of the alley vacated under City of Renton Vacallon Ordinance Nos. 3319 and 4048 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 margin of N. s"' St, easterly of the easterly right of way margin of Park Ave N. and notth of the south 315 feet thereof. !BACT D (Tax Paccel Nos. 082305-9220, 082305-9221, 082305-9222 & 082305-901 l) Lots I. 2, 3 and 4 ofCny of Renton Short Plat No. LUA-01-056-SHPL, nccording to the short plat recorded under King County Recording No. 20011205900004, ~cords of King County, Washington TRACT.Ji ('fax Parcel Nos 082305-9037, 082305-9152, 082305-9079, 082305-9204) Those portions of said Governmen1 Lots I and 2 of Section 7, lymg wathm the abandoned Burlington Northern Railroad right of way (Connerly Nol1hcm Pacalic, Lake Washington Belt Lme) and northerly of the northerly right of way margm of N.(i1h St.; TOGETIIBR WITH ~ald northwes: quarter of the southwest quarter of Section 8, lying northerly of the northerly nght of way margm of N. ~ St and westerly of the westerly right of way margin of Parle Ave N.; EXCEPT Caty of Rentor. Short Plat No. 89-093, as re.:orded under King County Rccorchng No 8911149006, and EXCEPT that portion of said northwest quarter of the southwest qumer lymg southerly and easterly of said short plat; and TOGETHER WITH those portions of s111d Government Lots l, 2 and 3 and the southca.~t GUartcr of the northwest quarter of ScclJon 8, lying westerly and northwesterly, respec,li vely, of the westerly right of way margin of Parle Ave N. and the northwesterly right or way margin of the North Renton Interchange (SR 405), westerly of a lme that intersects with said northwesterly nght of way margm of the Noath Renton Interchange, said hne bo!ing described as beginnmg at Station 6+50 on the A-LIiie of the North Renton interchange, SR 405, as shown on Sh«:t 2 of S of PSH I (SR 405) North Renton Interchange, Washington State Department of Transportation Right ofWay Plan, and endmg northwesterly, pc,pend1cular 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 northwe.~terly nght of way !me of the abandoned BurlingtOrt Northern Railroad nght of way lfonncrly Northern Pacific, Lake Waslungton Belt Line), B.XCBPT from said abandoned rrulroad nght of way that port1011 lymg northwesterly of a lane descnbed as follows Begnming at a point SO foet southeasterly, mcasurw radially and at right angles to the centerline of the Burlington Northern mam track as now constructed, from Survey Stal!on 1068+00, said pomt being on the southeasterly nght of way margin of the 100 foot wade nght of way, Thence northwesterly along said radial line a distance of 25 feet; Thence southwesterly in a straight hoe I<• a point 25 feet northwesterly, measured from the southeasterly r,ghl of way hoe at Station 1074..00, Thence continuing southwesterly at an angle to the right, to a point on the northwesterly margm of the 100 foot Burlington Nodhcm Railroad right of way, s111d point also bemg on the southeasterly line of the Spur Traci at Headblock Station 8+85.5 and the end of said dcscnbcd lane and EXCEPT that portion of srud Government Lot 2 described as follows: Begmning at an intersection of the southeasterly right of way margin of said Burlington Northem Railroad and the northwesterly margm of vacated Mall St (Park Ave N) per Vacation Ord 2513, TI1ence southwesterly along said southeasterly margm of the railroad right of way, a distance of 60 feet; TI1encc southeasterly, at nght angles to srud railroad nght of way, a distance of lO t'cet, more or less, to a poml on the northwesterly right of way margin ofsatd vacated Mill St (Parle Ave N ), Thence northensterly along said Mill St 10 the point of begmmng· TOGETHER WITH portion of Vacated Lake W 11shmgton BoulcviUd adJoming, TRACf.E (Tax Parcel Nos. 072305-9046 & 072305-900 I -portion) That p<•mon of the SE ',4 of the SE 'A of said Section 7, lymg southerly of N. 6111 St , westerly of Logan Ave N., easterly of the Cedar Raver Waterway (Commercial Waterway No. 2), and northerly of that certain tract of land conveyed to the Renton School District by Deed recorded under Kmg County Recordmg No. 5701684 TRACT G (Tax Pan:el No. 072305-9001 & 082305-9187) That ponmn of said NE IA and SE 1A of Section 7, NW 'A of Section 8, SW W of Section :5, and the SE 1A of Section 6, lying north of N 6"' Street, easterly of the Cedar River Walcrway (Commerc1al Waterway No 2), westerly and northwesterly of the westerly nght of w:iy line of the ablllldoned Burlmgton Northern Railroad (formerly Northern Pacific, Lake Wa~hmgton Belt Lme) 1U1d northwe.1terly of the northwesterly line of the railroad spur Crack bcgmrung at Headt>lock Station 8+8:5.:5, westerly of Lots "A" and "B" of City of Renton Lot Lino AdJUStmcnt No. LUA-98-176-LLA as r«:orded under King County Recordmg No 9902019014, and southerly of the Late Washington Inner Harbor Line; EXCEPT Logan Ave N TRACT H (Tax Paree! No. 072305-9100) That portion of the Burlington Northern Inc. (formerly Northern Pacific Railway Co.) J 00 foot nu I way nght of way in said SB 'A of Section 7 and SW 'A of Section 8, Iymg north of the northerly right of way margin of N. 4·h Stmet and southerly of the southerly nght of way margin of N. 6111 Street. All situate in the City of Renton. Kmg County, Washington. --··~ ----.----- --------- -·· -· ---· ··-· "G" N 6th St z .,; > 4'. C: 0 0 -' "D" "E" z N 8th St t------1 ~ N 61 St < -"' ~ 0 Z a... "C~ I : 7200 < C: ., I . -~ ' ....... ~ ...... \ \ ' ' . ~ I • _,__.., \. \ \ ·., \ \ \\ \\.\ . . • 11 _ 'I \ ,.-.• . ', \ ,. \ '. \\ . \ ~. r1·---·· l, ., l .. 1; ~ ... , r [ J -__ .., c=::::J ==r11.." -=~·" PlZlZBlJ = =r" 11 @ -- t-&-"":'- ' ""'' .-\IU..,,_ __ _ l!IIIIJ--·-------"""" ............ 11 ...... --•••111111*" PROPOSED ARTERIAL RIGHTS OF WAY TO SUPPORT DISTRICT 2 (FULL BUILDOUT) -·-... -- EXHIBIT 2 TYPICAL SECTION 1: PARK AVENUE NORTH FROM PROPOSED LOGAN AVENUE TO NORTH 8TH STREET 4 LANES OF TRAFFIC WITH A MEOlAN/TURNlNG LANE ,_ _____ ,, _______ ~ ~ , . .. _ EXHIBIT 2A ·--=tc.· .iPOl,tRj. JJ\{ I 0 I I I a\ tr•lu-1 ...-..0 .... q " I "' _, .........._., --- I u..... NJTw"! ... ...-Vlllf1IIC'S I If 1_6' 3_2' FULL BUILOOUT SCAU: r-,r /:JQIEf. SECTIONS N£ Gl'lAWN IN ACCC'AlW:£ wm; 1Hi Kl'G CXXJm' RON) STANWOS ND '11-£ CITY OF Fe(TOI S'l1'B:T STNCAFIOS AU. ROADWAY SEOTJCNS NIE ULS7RAmE •·•~~ Ill -steot SUia 800 SMlffe, ~I !l8IOI ll!061 ~ Fix ca:l6I 382-0500 () IQ(EJl8ER :!00:l TYPICAL SECTION 2: PARK AVENUE SOUTH EXHIBIT 2B FROM NORTH 8TH STRaT TO NORTH 8TH STREET 4 LANES OF TRAFFIC WITH A MEDIAN/TURNING LANE .---------------.... ~--: :-:,.-------------- ~ ---------~~OIPltear.:,~.,.----------. .,_rt" .. _ --I( 11611b ua-. ~ - ,U,.L.>-d=,---' ~ -l-.Jl..J_..!L~,....i..,~ ,_....... .. ~ ,,, ,a(!:---·-- -==----------... fllDllt"' -· vann. 8' 16' liiiiiiiil J2' ! FULL BUILOOUT SCALE 1"-16· WIE: SEC'TlOIS N'E DRAIIN N ~ Vllm nE l<H3 roJ{TY ROAD 8TAIOIROS ND T>E CITY CF FENTON STREET STNDA/m. Au. RON:NIAY SECTIOIIS APE UUSTRATJ\£ •·••~~ Ill Slilwa't Slra«. SIJfe 800 -V-IQl<ln 981)! Cl!06) ~ Fax C206> 382-0500 r:> ICISE'I 2003 TYPICAL SECTION 4: LOGAN AVENUE NORTH 8 LANES OF TRAFFIC WITH A MEDIAN/TURNING LANE S' BICYCLE LANES ON EACH SIDE OF ROADWAY "'""1 II r-aa @ ~ " .. i I I I , q: I ti J I I EXHIBIT 2C ,r- n, )''A I 1 Jt.J u" I ,,· J n• J ~" II' tr I 11" 11 •.J I I \ \ 't-':== 't=° ':'° v,,i ...:... &. UIIWt u. we L.-: ~ 7 I ---- ,.,...,. CII"~ ... -------------------------- FULL BUlLDOUT 0 e' te' ~· SCM.£ 1•-1e• wm sa::TICNS .AA!: CRAIi!>/ iN ~ wrm TIE KH3 caMN ROAO STAIOVl:JS NC 1H: CITY OF 1EHTOI STl'EET STNOAR:16. ALL RO<OWJ\Y =rrGV\e NIE UUS7RATI\£ d·»h~~ IOI 81--8'18 8(X) -_,gtcu 98()1 C10t,1.-..oax, """ -:l&'-0500 r)~aia, ... :, 9 5 m ::I ~ ~~ ~ i ~ • ;bi ~ ,! ~~~ i m j ii! ! " ~~Ii ~ TYPICAL SECTION 8: NORTH 10TH STREET -' LANES OF TRAFFIC WITH A MEDIAN/TURNING LANE I I I ", I .:'t.o-L ~ . ..L...!:no I a.!:' a I I \ ( 1.#IC ._._..'" ...,,. I.NC I f i.ca.----!l '"---'"-'C...----------.,~ or""' -- 0 t 1G' L t SCALE 1·~16· ~ FULL BUILDOUT 32' ! SEC11CN5 NfE OR.~llf/ /H ACCO'IDNICE WID-1 11-E Km CO>ffY ROM) STHC!N'DS NCJ TH: CITY CF RENTCW S1Al:ET ST.wlARCl9 AIJ. RCWJWAY SECTICHJ ARE lll.USTRA T/VE EXHIBIT 2E d·ld CG1sull.hQ ""-8 or~--800 s.ttJa -,ollln sea 12061 382-0600 Fax c:!m1 382-osoo 0 /,0\SeSR l!003 . ·--·-... -. .. ·-..... -· -: . ---.. . .. -... .. --... ----····------·-/ .. --. . ... ·-·------~-, N 4th St Urban Center North District Sub-areas Districts Subject to Conceptual Plan Approval Exhibit 3 0 D l:d 'l!'f =· ON-SITE INTERSECTIONS EXHIBIT"\ 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 :J and 10·50 Sates Renton, Waslur,gton The ooe1ng Company has been worklng with the Qty or Renton for more than a year an e-,·alUbtang potential redevelopment strategies associated With Its 737 radloty In Renton, Washington. This Con<eptuat Plan illustrates the Boeing Company's vlSIOl1 for the redevelopment of the first p1ec:e of the Renton Plant to be made available for non· andustnal uses. The Plan Includes that portion of the property commonly referred to as the LOt 3 and 10·50 sites, which have been determined to be non· essential to the ongoing airplane manufactunng act1V1bes as Boeing completes It's 'Move-to-the-take• consol1dabon plan. The Plan covers 11pproX1mately 53 to 55 acres of gross land, of wluch approximately 8 acfflS are resented for the development of four new artenal streets that are essential to the ulbmate redevelopment of the entire 280·aae campus. The rema,mng 45 to 47 acres of land will be marfceted to entltll!s Interested on deVelopmg an integrated retail center on the sit", COOSIStent With this Conceptual Plan. Included within th1S submittal are a narrative descnpt,on of Boeing's pn,posal, a Conceptual Planning Dmgrem With supportmg pedestnan Sin!« sectJons, and an economic benefit analysis demonstretrng a range of potential one-time and recumng revenues generated by the proposed development. Boeing seeks the City's approval of this ~ptual Plan so that Boeing can c:omplete the necessary lot hne adJustments and bf:gln actively marketing the property to loal, regl0!1lll and national developers and users. The a,enal on the ro11owing l)a9e highkghts the location of the proposed retail 51te in relation to Boeing's remaining land holdings and the surrounding North Renton netghborhood. conceptual u-n Retell Pla11 Socsng belleves that high-quality reta,1 development os euenbal to the successful 1rans«1on of the area from ,ts 1ndustroal roots to the City's .,s,on ror th< Urban Center-North A well-designed retad center wdl prov,de employment, diversify the eGQOOm1c basef offer a new source of mun,apal revenue, and Ml attnM:t other a~emabve and potenbally higher and better uses to the surrounding area. The Cllf>Oll)b,al Plan for the Lot 3 and 10-so SlteS, located on the llollovmg page, ,nustrates the coheS,ve re<fevalopment of the parcafs onto an urban n1b11I canter. Tile Ptan contains a mox of "8rge fonnat 'dMttnatlon" n1b11lera, rrud-slzed retail anchors, as well as. small &hop space concentrated afong Park AYeinue, en\'ISIClned es the s,gnificant pedestnan-onented street on the area. TIM Plan ,-ponds to the pn,sence of tfle ex1$1tng Fry's building on the property to the -of Garden AYellua, and ant,a,,..tes tlwlt ultimate redevelopment of the northam portion of thllt s«e Wlfl relate d,r«tty to the development occumng on aoe,no's property Tllo sote os bound by a comb1nabon of ex,sUng and new public roodWeys, wh1th segregate the pn,pe,ty onto four quadnnts nng,ng l>atWNft 6 and 19 acns on soza. Boetng IS -ng buyers for the 45-to 47-acre property to undeltako a cohescVe redewlopment. Generally, the large format retad de""""""8nt (users With footprints of 50,000 square feet and larger and bu11dtng fea!l/re heights up to 45 fl,et tall) 1s ~aooed to occur along 8~, Logan and Gardan Avenues, faang ,nward and supported by well-organized parking areas tntemal to the ate. Tl1esa dostrnatoon retail ll50S wtll naturally locate themselves along the Widest portions of the pr,,perty, with good freeway vlsobdoty, much hke the reaontly ~ Fry's development on the eastern Side of Garc:J•n Avenue. Medium format neta1lers (ranging between 10,000 and 50,000 square feet In area, With building feature heights up to 40 reet tall) are usumod mllll -n the large tom\lt tenants, With pnmary pedestnon entrances faang mward ar d1rect1d toward Par1< Avenue. Again, pa,1cr,g ,s ... urned to be concontrated Mthln each segment of the s«e, to allow ror potenVol 'seu,nd-genentlOn" redevelOpment at higher densrtleS, ,r achieYable. Toe northwest quadnnt of the property 1s Klentlfted as one potenbal locatocn for a mid-to hogh-nse dllYOlopme,,t, whl<h could take 1h11 fonm of I multl-1eve1 podtum • par king structure, wH:h muttdom1ly ruadanbal or office utM at,ove, Thts ultimate development could onlbille the truly urt,an YIWOII for the wea end, together with pedestnan $alle treatments at the aimer of Partc and Logan, ~ ldilnllfy Uus as the •gateway" to the urban-Center North. Small, spe<ialty notaol shops and amen1tleS would be conOllllr8ted pnmanly olong Pa,k Avenue. Tile scale of devoloponent Is more 1ntmo1ta here, with an edectoc mox of uses, ard11tectural styles and gathenng places In some onstances, Single story ret>tl uses may be topped with one to three levels of al"'rtments ar profealOMI office uses, all over1ook1ng Park Avenue and the aa,v,ty along the street edge. Together, the "8rge-and med,um·fcxmat users total approiomately 450,000 squan, feet or space; the smaller shop space totals approximately 110,000 square feet, or 20% of the oenter. •" ,. \ CONCEPTUAL URBAN RETAIL PLAN ---.... -·~ .... .,,,,_,... .. _pari.11-· ------ pj_, __ ........ =·-----,-ta! .. .._.,,u1i11Jlal-.O.,. J CONCEPTUAL PLANNING DIAGRAM .. -·- FUUER ·SEARS iiicii1iicis ~IIEIND Hierarchy of stl'eetll Key to the successful development c,f the property 1s the reconllgurabon and improvement of Park Avenue to serve as a cntical pedestnan-onented street tn the project. To accommodate full redevelopment of the Renton Plant properties, the ultimate build out of Park Avenue will need to allow for four travel lanes and a center turn lane, des,gned for vehicular travel up to 35 miles per hour. To support the vision ror the development or an urban retail center tn this locatlOn, a generous sidewalk with street trees and on-street parking for Park Avenue IS being proposed to enh...:e the environment m the pubhc realm and encourage people to make Park Avenue a pedestnan street. An lltu~tratlve street section for Park Avenue can be found on the following p.19e. The other major north-south connection 1s Logan Avenue, which extends from 6"' Avenue to the south and Joins Park Avenue m the north. The a,nstruct,on or Logan, pl'Q',rd,ng direct access to 1-405, will be an important alternative through connection to ensure Park Avenue functions as a pedestnan-onented shopping weet. At the outset of redevelopment m the area, Logan IS envisioned as a three-lant< street, with one travel lane 1n each direction and a center-tum lane. Ultimately, Logan will expand and function even more so 115 a higher-speed alt-I. The east-west artenal roadways, 10'" and 8 .. Avenues, are tess altlcal to the successful development of the urban retail center, other than serving as access po1nts to the center otr ol Park ,t.venue. Connections from 10"' and 8"' to Logan Avenue, If constructed, would be favorable, but the center would function as well with access only off of Park, the exmtlng l<!g of a"' and Garden Avenues. Urban ceater-North Vision and Pollcl• This proposed Conceptual Urban Retail Plan meets many of the Oty's VISIOn and pohcy statements ror the Urban Center-North, whlCh can ror •ret;ilt Integrated Into pedestnan-onentoo shopping dlstncts• and recognizes that: • At the begmnlng of this transition, uses such as retail. .may be viable without the office and residential components that ulbmatetv will contribute to the urban character of the district.• The atv's v1s1on plans for the tra11S1tton of the area over a 30-year honzon and anticipates that redevelopment win need to address the potential for future infill to allow areas to further grow to urban densities. Tll1s site IS located within District 1, where the Crty ldent1nes its first objective as follows· ·create a maJor mmmerclal/reta11 ct1stnct developed with uses that add sign1ftcantly to Renton's retail tax base, provide i!ldd1t1onal employnMnt opportunities within the City, attract businesses that serve a broad market area and Itel as a gatherlr,g place w1thm the community.• Boeino's Conceptual Urhan Retail Plan seeks to both allow for the near-term redevelopment of Boeing's underutttlzed assets while advocating for a mix or uses that improves the City's tax and employment base. As IS Illustrated within the attltched economic benefit analvs1s, more than 1,300 JObs would be created 1n the City .,r Renton by a redevelopment or this scale The Qty would collect more than $1. 2 m1ll1on m one-time revenues during development and the City wookl receive over $1.5 million m annually recumng tax revenues at full butld out. ' ' " - ·· .• --• "I H ••-.~ ' ~-. •,, ' • . . ~ l I ~ ' I ~ ~ ~ t J ' ' ·, l,., . ~ ~ z~ :~. t t ··-# J ~ \~ ~ i~ 1 (0 ~~ 0... :, ·, summary eoc,ng beloeves that Its Conceptual Urban Retail Plan lllustrates the optimal development plan for thts 45 to 47 acres of land 111 North Renton. The Plan offers the opportunity to contnbute to the translllon or the area from i pnmanly lndustnal nelghbortlood to a h19her intensity and range of viable uses, provtdmg both Jobs and a s,gmficant source or new revenue to support the Qty's ob)edlves for the area. --------------- Summary City of Renton Economic Benefits SUMMARY CITY OF RENTON ECONOMIC BENEFITS Retail Redevelopment on Part of Boeing • 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 estunates 1s based on a set of reahshc assumpllons that correspond to development of 451,000 square foci of retail big/medium box space and 110,000 square feel ofntatl shop space. ), At full absorption of the above 561,000 square feet of retail space on a redeveloped portion of the Soemg Renton plant site, 11 18 estimated that 2,197 pennanent Jobs would be created throughout tile region. > Of this total, a projected 1,132 duectjobs would be created at the targeted 46- acre Boeing Renton site plus 266 additional indirect jobs withm the City of Renton, assuming a 2S percent capture rate. ;.. It 1s estimated that these 1,398 direct and 111d1rectJobs m the City of Renton would generate an add1tion,1l $4S.4 million in recurring annual income earned inside the C11y once full occupancy of this new retail space occurs at the Boeing Renton plant sue J.> The corresponding increase in property values by redeveloping this 46-aere porn on of the Renton Boeing site mto retail usea is fott.east to total nearly $66 million upon complellon in 2009 )> The increase in a1111ually recurring tax reveimes to the City of Renton at full build-out 1s estimated at over SI .5 m111ion starting in 2009. J.> This is m addition to over $1.2 m111ion in ant-tune City revenues collected during land redevelopment and the construction of 561,000 square feet of retail space on a part of the Boem1: Renton plant site during the 2004-2008 period I l!llilM «&41. ESTA1F. ECONONICS Tht Olra u~ ~OoM pra:mttd hem11 wtulc. ~ f~ aaw '*-Md from touras...., Jtillbll l I I --------------. ----- 1600 ··----- 1200 ,··-·- .,0. i i j aoo 1 __ 400+---- 01----- PERMANENT JOBS CREATED IN 2009 ____ ..c.JIX QEBl:NTON 1398 ------·-----. --- ------------ 0 -··-~--··•·•a••------·---. With Project WrlhOutPl'Ojtct I -----.. NEW JOB ANNUAL INCOMECREATED IN 2009 I 150.0 __c1ry Of RENimil . '$40.0 1-----------·-·-··---·------ ~ $30.0 -s ---···--·------- ! $20.0 +-----,g 5! 110.0 0 $0.0 'Nllh Project ::·: ,-·---~~-Cl~ ~ RE~~ON TAX ~UES f . ! ''"°° ' ------8 $1.ICIO -j-·-··· ·------ 0 $1.0CIO +--------., ~ S.CICI +---------- !j $HO ·--- 11 MOO,----· I-$200 t--·· $0 ' I ' ·-··· 2003 ION 2CIO$ 2DOI 2007 -2'1D 2611 2012 C::111 Land De•:_ • Bulld1n11 Dev. •PenunentTax" CU!UIENT ZONING SCW,\RIO I i NEW PERMANENT JOBS CREATED BY aoo9 I ..... I ..... ..... t,OOD ... ,--------- 1 I ... '" !l I ... I' I ... ! ... '" l·J------- .. ... _,_ NEW JOB ANNUAL INCOME IN 200t "' ···--·---·-· ......... _.. -------~· ·-~·------,, W ... Prajtcl • .-.it!......_,,,,.,.. P...fl11J IUl:Mn 1111 ..... c,.,;~,JWM ...... ""'""',w .................. ~-·--1 .... "' .... ------------ PROPERTY VALUE INCREASES BY 2009 ...,, $1) ,,. $20 pO '40 PO "° ... flO ... ,,oo Oolloroln_,. NEW JOB CREATION ... --·- .... ----·----- -8 -~ ··-----.. -------.... ... ... .... , ......... •""!!'!!IP!:! r:,--1 ....... UIINll'N..,.+-fN.111 11ft)O) ,,.,,au.,.........,.....,......,., _ _.,_....~""'"**'"""'" __ ....,. • .,...,.... 1---,,,. ·-_ .. _-_-_-_____ N_EW STATE TAX REVENUE0 ... I § .... "' .... .... •· ---·- -----------J• Land o.v Taxu • aundln,g Dt¥ lUN CP!Ma • Ta•• I NEW RECURRING STATE Rl!VENUE8 Wlh""""1 ,10 ffl o------< .. u .. .. " ... .. . ....,..~....,..,._,.,.,,, 11nMll ""'-..... -»M• ...... -............... ------... -· ...... 11-~ L ENTA R-..,o1opmen1 Land To4al b<rldableNdeVlloprnelll land •oa-"net"oau Tolal D<Joldabl ... >dOIH)lopnonl land --"net" sq ft '--0o •• 1o,.....1 Land Do,/elol>fflCOI Co!1SIM:IIOn Cotlt Land Wl'1J)l'O¥.smeut conslrvabon dUrltlon • years Pefoeflldeo,int .... _,..,,1 _,_labor -·""'""""' Butldona llnolc>pfflent ,_ Change, • ..,......, .. 1ue -ntde,,gn 11'<1...,.....I_ Perc:enl conslrvebon AlbOr • COffll14:aial P""°nt conllnlcm, n-& ..-. "°"""""" -'""""''"'lot..._ and ....,.gemc,o4 BAng -~··""-P.-,tv devofop,nent duration • re,ors Reead-8ogll,lod - Goousq-,1Htol re1M-Loedl.-.·-- ~COMl-c:cat/sqt--- Sq. per ....,io,, .. -bog box - R-IQlosporsq l~box- llNI-SloopSpaco --fNtolr-spaco LOld ___ _ -.00-""1/sqft..-.l- Sq. per ffll)loyet -Sl1op Space --1!!!.!9..t. ECOHOMICASSUktKM $ $ $ $ 14,a14,1n 1-1anc1 1 D REE/ tlea- 100% REE 360'JI REE IMO% REE 65.990.2$7 Fftllll AV -- 100% REE SI 0% 540% REE 25 REE 20 REE 40 __ M...,,..,rotNCU<mg,obl 1941 E lncM:aJObs.,_f4llerlorllnddl~dco-JObs 2488 REE -,obi oullfJl«!of "98-,obi 21187 REE -ol llldooect JObo coptured by-25% REE Slla<eol,ndlnod"-""~t,y-26%REE t<,ngCo est ... ragenE-lordomctrewmr,aretool,obl........ ·$30.000 ESO&REE 1<onG Co -rago amual -b II -J(A>I $43,000 ESO ll REI! l<onGCo a .. rago--lorpqec:lf g-.'ml_.....i ltl5,DOO REE A-8"nual_b....--)Olil $41.00D REE 1s a----------J.--....!Wl.!l!!!!..jm!!!.&L§§L-- $ flcnlOO UrWI\ 1'.nwJe-P-flN lll, 11JIM>l 111t c11t1 IVld mtu1it1i0ftl pteNn1"d ""'9'1 _.. r1a1 ~flflKICI, l\aN Mtil'I ....._ hrfl ao,.ra,t WIIYtCI • N ,...- Pogol REAL 1!'STA1'1!- Summary o ..... 1n1. unc1 One'41me Buoldlna Recuntng 08Yel-ent ·OM&.2008 ln2009 - JOBS !),red Jobs 61 73 1,132 lndorectJob:l 91 122 1.065 TC!lal Jobs 153 196 2,197 INCOME once Income $ 3,149,119 : 15.~,400 : 33,962.SOO lndorect lnc,,me s 3.922 789 21.0 ... ~ .. · 45.*"7 AB8 Tolal lncomo $ 7,071,908 $ 36,086,716 $ 79,769,988 PROPERTY VAi.tie INCREASES Not appllcable Not applicable $ 65,996,257 TAX BASE INCREASES Assessed Valuldlon Not applicable Not '!)I.Cable $ 65,996,257 Retail Sales $ 12,882,759 s 61,578,000 $ 143,948,750 Real E•tale Salos Not opplable $ 97,742,857 $ 6,599,626 Gross 8USll18SS Reca,pls $ 14.314,1n s B8A20,000 s H3,948,750 SELECTED TAX REVENUE INCREASES (Pmporty, sales, 8&0 and real estate) Slate Tues $ 1,189,652 $ 5,143,45'1 $ 10,356,729 l.oall Toxes c~ of Renton-property 100% 111 rMY $ 245,167 s 959,786 s 1,554,562 Ki"" eoun· 0% "',.....,.; $ 17,392 s 83130 s 95.695 -u-v .. ~-flll~. 1111:!IO:I tNM,t,MIIICllcula'Ol\aP'Mflllllll>iMlll:MINnat~ bl'l'ebMl\otuMlut...,......,..IOMNMbll ,.,, REA1.ESTA1EECOMlllo'CS Bus111ess Recatpts undUH Not Rotallhlff Almull Amull Sg!! 1!£rl!I!! Ralllll llllM IEmDIOYll*II GroM.-1e1a Ralat-8,g,Med Box "28,450 $ ~75 s 117,823,750 714 $ 117,823,750 Recall-Shoo §e!!ce 104,!iOO ! 2!50 I ~125.000 ~18 I 28,125,000 TOTAL 532.950 $1~9f8171SO 1,132 $143,948,750 Rot,IOn ~ V,IIOgc.p..flN.xl, 11113/03 P8go 1 Tht ... aic1 ~iWcnt ~ Nfffl wtila nd. pll'lltff. h1v1 bMtl llbllll*I' hlll'IIOUIOII IIIIIIIMdloi.nlbabfe R£AC. ESTATE ECONOMICS Taxbases One-l!me tnrough LandOewl Asseaoed ValuabOn Real Estate Sales $29,322,857 s R-S,,I .. s 12,882,759 $ G<OS$ B,,_ Rece,pta $ 14,314,1n $ OnMrm lllllldong n.1120051hrv 2008 at2009 s 85,9(.6.~7 97,742,857 s 6,599,826 01,ae.000 $ 143,948,760 88,420,000 $ 143,948,750 Page1 REAI.ESTAll!l!- QioVAWATilii ByL.andU.. -~Big/Med Bo• ~Space SUBTOTAL Lass eXISt,ng :and IIOiunon a;;;. Sgft Lflt embng d'ip.OYWIWii\ ~ TOTAL INCREASES 581,000 I 12'l 00 I 13000 $ flonlollU!l>oAVl~FINJd.11/13/03 "'° ~ rwt c;l,IN.POf\l fJIMellldW*'WtlN fM',..,.._ hlvt bMt, ot,e,.Md hffl lOUl'COI ...,._. .. ,. ~ 123, tlM,289 .11211.571 ,322.857 I ToWG AV Crmmercial Bk111. Start Year 2005 New SqFt Per Nef Gloss Land u:'..,s'::e~=-----+'J"'o"'b~s/Em=•,,,.,,"'o:z;yep~,---!Emploffl=l!!!l:!!!l!:--=Sq!!!iJll!----=~Sqlt~ Re1"~BqMe<1 Box 714 600 428,450 451,000 -:\R:ie:=ta~ll-"'-"~"""!..!S:e.1•n==·~--4f-------:~4!-:!,18~---'250~--,!104.500 110.000 TOTALS 1.132 950 561.000 • -Uition Vi oga-P...flN ld, 1\113/03 Pago 1 Tho e1m .wt cabll»JOM p,IGOl\lod ha rein~ nol ~ twi'IOl-Coa ollllll'llltlfiooffl _... ltlMWMI to,bt_. R£U ESTAJ& S::ONOMICS Oneflme Jobs From Deve/opmlml From Dw&lopment /lem "'Land Of PROFESSIONAL JOBS Design end management costs s 1,431,418 $ a,e12,ooo Average salary s 65,000 $ 65,000 e.1-r,g mulbplier 25 25 Ptolesmnal Job yeaB 9 42 Tcolal prole$$IONII wages s sn,587 $ 2,736,800 Amual professional wages $ sn,587 $ 684,200 PIQf8cl dura!Uln in years 1 4 Ptolessional jObs crealed 9 11 CONSTRUCTION JOBS CooslNcillon labor OOSls only $ 5,153,104 $ 24,631.200 Awrage ulary $49,000 $49,000 8111,ng mull1pker 20 20 t:oos11UC1lon iob years 53 251 Total cons1IUCbon wages $ 2,576,552 $ 12,315,600 Amoa! construction wages $ 2,576,552 $ 3,078,900 Pr0j8CI durahon ., years 1 4 Cons1nlcllon Jobs Cfe&led 53 63 Total Equivalent N-Jobs 61 73 Annual wage Income for New Jobs 3,149,119 3,763,100 Total w-e lncomt for New Job& $ 3-149-119 s 15,052.400 -U!bln \lilllge-P-flN.Jd, 11/tl/03 Pago 1 Tho..., ..... ,._...,,,.._ __ no1_td.ho·,.-----to .. rwb11 RliALESTATEECONOIIICS Clnebme Revenue WAan, l.ond Div Bu1kh"9Dw ffl2Tu I.Md Dov a-..iow Onot11no-·-PfflodluBut r ...... -·-R1W1111tS s11e.r .. s 12,812,759 $ 11,571,000 HOll, 1000% $763,041 $ M02.313 9&0Tp.• I 1"4)14,117 $ ··-0411'1 10-U0,871 I 290.1132 RN1" Estate T,anstlr I 21m-1 s 07742157 1-o--=·-• 1 251.109 TOTAl. $1,181,852 s 5.143,454 ICIIIII-l.ond--119Dw -r .. Llnc11DIY -.ao.. . --PfflodTu.._ r .. a-.... ·-----.r .. I 12,W,75t I 81,518,000 01511 ,o_ 117,392 $ 63,130 l&OT•• s 1',114,177 s 11,420.CIOD ·-··-ID $ . ROIi EIUID Trar111et I _ ....... .,,_7 • 97.742' a,;, ·-, ..... ..,, s . TOTAi. 117.382 s 13130 ca,o1-..., LondO.. S..lld.tgO.. IIIO:ITu Lad-. ·--,,.,,..,.INM~ hnod1axhK luS-·-·-k--r .. $ 12.182,759 s e1.sn.ooo OISll, 1000!!, A'-563 I 471,072 81.0T:1.1 s 1~.314,177 s 68,420,r.CIG 000,, 10IIDI< IO I . llo!!&laloT'"''"°' • 29322 ac.7 • 1774., ... l 0-A-., ... ,. • .. .. ,14 TOTAi. $245,117 I 959""' -.s-1&0Ta.-1arma1ng Jtentan Uftian V~la)t-P-'F'INJIJ. 11/13.'03 1M 111m Md c.abAR_. !_......, .... nwt-lil nal~ Mtt1 bl,,t,l 1~hffl tona blltWlid IObe-- R"cumng Revenue WA-2U09 ---R-------nu .. Ta,rB&H TIX'Ra -Pt-Tax t,;5,996,257 $39000 '237,5$7 S.IHTu $1'13,148,750 B50'll, $9,3&8.669 &&or..-$1'13.IMll.750 0471'11, $877,998 -E1111eT.-er =5"829 1·-..,n5 TOTAL $10358.729 K,ng C"'°"'l' 200I 20U --TIX~ Tu--PtoportrT"" $05,1198.257 $1,j,cJO -S-T .. to , OQ'JI $0 8&0Tu $0 OOO'll, to -EIIIIIDT-•o ·-to lGTAL ..... Cllyol-:root at02 ---Tu8aH Tu- "'-11T1>< $1)$,M.25'7 $3 3500 $221,087 ,,_To,c S,.13,908.750 0115Y. $1,223.561 8&0T8" Si<3-750 O.OO!i so R_,Ellltt Transfe, $8.~.ffl Ol!O'll, $32,9911 HoadT··N, 13911 ""DO URQ12 !TOTAL $1.&S<,M2 Renton Ud>an V,J~go-1'-FIN x~ 11/1:l/03 Pogo 1 ,,,..,.,_.,._,_whloftOlgu...,-h.,., _____ IObo-REALESTATEECONO!IICS Boeing CPA• Estimated Coat for Water lnfraatruC>ture Improvements 10116/03 Phase 1 ~without Length Cost with street street restoration 1 2 3 4 5 6 7 8 9 10 location From To In ft. l'fftondlon Park.Ave N. GardenAveN N. 8th St 2000 $ 500,000 $ N. 8th St. extenslOII Park.Ave N LoganAveN. 1300 $ 325,000 $ LoganAveN. N. 8th St. 1 • Pressura raducmg N 6111 St. 1300 $ 325,000 $ station at West Hill Pump $ 200,000 $ N. 1oth St. ParkAveN. GardenAveN 650 $ 162,500 $ . SUbtotal 1 to 4 $ 1,512,500 $ Ph-2 LoganAveN. Garden Ave N. N. 8th St 2700 $ 675,000 $ N. 10th St Houser Way Garden Ave N. 900 $ 225.000 $ N. 10th St Park Ave N 2 -Pressurn reduemg .. Logan Ave N. 950 $ 237,500 $ stations at Highlands 3-200 ft wator stubs to $ 200,000.00 $ properties west of Logan 600 S 150,000 $ Subtotal 6 to 10 $ 1,487,500 $ jt01al 1 to 10 s 3,000,000 $ Future Reservoir in Kennydale 320-zone $ 5,000,000 $ .. Note: Ccst excluding street patch:ng !c:-5 ft ·,vide x 5"' !h;ck asphalt patch ovei watei liM trenct, i'iithiri streets where rNl\Y water lines will be installed -~alt cost esb!Tlllled at $90/ton 1/Abdoull!)oeong/boelng-,nfrastructure-cost-est 01.xls-10/6/03 - 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 2,1a9,40o 1 5,000,000 Exhibit 6A I . · ;:~:t :~Al~LE FlRE :~~:·---~------ WITH NEW WATER MAIN IMPROVEM ENlS IS. 5 §00 GALLONS PER -MIRUTE, _ . ©~@~;.INDIMUNM I-~-· @ ~@ ,.,.. t. M.111 NIIIM INll'NlffS ;.i. ')(, ® "--·· • ~I I J • )(, ::l ~ ~ 1 11r, ~ • " ' ,. •• • --,. .. 1- • -,· ,1· ,, 0 6 ' -< • 0 .. ;;: .,, -ou,,J ... 4th SI \ ~ l'tNll I ND1P 1r ~ JIii) tf\111 -._. """"<• ,...., "" -PROPOSED WATER MAIN IMPROVEMENTS f'OR ,6 ---"""' -eOEING CPA DEVELOPMENT AGREEMENT r:n ~ •.::--:: :,:J'\,,..., -- ---_____ .. ___ .. _ . ·" .. ~· ! c:f 3 · 8 u oo \) \ a ~ ---·----·----- • ' .. ·! J::r=.u1r11 l-+-i-+4-+4-!H--1--~~+-I-< -:.a ·-.c X w .. I d i J J j J f ..... :.0 ·-.r:. >< w -:a ·-.r:. Jj ii I r .. / I . I I 1. S-200' STUBS I FROM LOGAN ~ TOTHEWesT : AT $20,000 EAOi TOTAL• $100,000 . ,' 3. 100 IF OF 12' Ii.. 0 $250 PER FOOT . /:-".. TOTAL • $250,000 I i 1'--EXISTING KING CO, ..., EAST'SlOE INTERCEPTOR I 4, 1200 LF Of 12' ! ' .C!i $250 PER FOOT · TOTAL z $300,000 ' !I""' t !, : lir !M, • ... TOTALC05r 1. WEST STUBS • 100,000 2, LOGAN/PARK CONNECfOR • 125,000 3, N. 10TH • .1.0GN1 TO Pm • 250,000 4. N. 8TH -LOGAN TO IWU( • 300,000 S. GARDEN RE1'lACEMEHT • 390.000 $1,165,000 ' OR $1.2 MIWON PROPOSED BOEING CPA DEVELOPMENT AGREEMENT SEWER EXTENSIONS EXHIBIT8 .. I I I I j . ,, ' ,, ', 'I. ', l. ', "i ::..· ', ·• ---~· r::::==) ==:-.. " -===-.. " ® -- @ T t ~ 7 T ~ ..... -. ...... -@!!I_-:--~ .-1-=:.::.·.,:,~.. =-~-:.-' i ~· ..... , PROPOSED ARTERIAL RIGHTS OF WAY • .....,_ L TO SUPPORT DISTRICT 1 EXHIBIT 10 -!'!!!!!!!!'!!!!!!!!'!!!!!!!!'!!!!!!!!'!!!!!!!!'!!!!!!!--!'!!!!!!!!'!!!!!!!!'!!!!!!!!!!!!!!!!!!!!!!!!l!!!!!!!!!!!!!!!!!!!!!!;;;.,;I!!!!!~ TYPICAL SECTION 1: PARK AVENUE NORTH FROM PROP08ED LOGAN AVENUE TO NORTH 8TH STREET 4 LANES OF TRAFFIC WITH A MEDIAN/TURNING LANE l .:..,a.SW:.,------------, -~- " -~llnk-la .. ~ .... f------,-rm....-. .. ------i ---• .1.--+-~ ......... _,w ·- .~· ~£ t~.1 ~ - I! I ., ...... , .. - ,( ..... EXHIBIT 10A I .,..,.. _,, .~.,.. · n,m. I 0 I l 111' I SCAL£· ,· ... ,e.• .M2m 32' I PARTIAL BUILOOUT (SAME AS FULL BUILDOUT) SECTIOHS ME Ofl<IIH f\/ ACCalOAACE Wl1H 11-E l<N3 CO(MJY RCMO STAIOAFQI ND 11-E CJTY OF ,"IEHTCW STAS:T ST.AN»RJ6. AU ~AY SECTIQIS .NIE UUS71'.Am.E coaJll~~s rJI 8-Shet. -800 S.ttla -¢,) 980 a106/ 382 D600 --~ () t..OWMliR aXl3 TYPICAL SECTION 2: PARK AVENUE SOUTH FROM NORTH 8TH STREET TO HORTH 81H STREET , LANES OF TRAFRC WITH A MEDIAN/TURNING LANE EXHIBIT 108 ,----------------.~o:: ~~----------------, ~ ,-----------....,.~..;..~ I --............... .,.., ...... -·-~ li,J i ' i ,~~==~J..li t \ ...£... I .. _, ---=-1-,=o ,, ,I --a .... _ ~ ..... ., ..,. .... ---------~· t 15' I SCALE 1·-1s• JDm y· PARTIAL BUILDOUT (SAME AS FUU BUJLDOUT) 8liCTICN1 IV£ Cf!A"'ff N ACOCl'!!),,WCE wmt 11£ KN3 OOUtTY RCMO STAl\l:Wll8 IVCJ 11-E CITY a: .em::H $71EET STAl'DWIS. N..l.. Ff()l,DNAY SEC1'1CN9 N'IE 1.1.USTRA m£ -·--• oaaJtrg e~-· 1:11 Slwlrt Slrwt SI* 800 Sftllla ·-"'"'°'' 961)/ COOi!) 3112 0Gro Fax 0'061 3ll2-C$OO a,~a)OG TYPICAL SECTION 3: LOGAN AVENUE NORTH 2 LANES OF TRAFFIC WITH A TURNING LANE \Jjt" ,J.i· ~~~/:< ~ [, -~ ~1:=-~ . ·. ~ 11 P I •b EXHIBIT 10C 1--=, r_,-_"c_~_: .. ~~=..:-=-=··--~-'2--~-·.-.~.ft·,=--=·'-:?' I I., H . f.------,...:::t.. u '* I = I •• 1..:;J 1__1 I "'"",!,.;'::'='=;;;,_..,,.,-------.!..I ...11 --,,... -':.tJll '-----~~ =• ---tnU'ICS . -~ u.,o~.,. ______________ __J PARTIAL ButLDOUT TO SUPPORT SUBDISTRICT 1A r ri.6" l SCAL£ r·.1e· ~ SECTICWS AFE ato.MH IN /lCCOFIONiCE WIIH Tf-E KNJ ca.MTY ROIO STAIOAA'.)S ND 71E CITY <:F fEHrt:W ST1Brr STAKJN'DS. lol.l FIOAOWAY liJECTICtlS NE ll.l.67l'IATr.E -·---~~ a sr.-i 611..r. &1re soo S.ltle. VA151>1,,gt01 SISOI Ci!ll6l 392-0600 Fa,c C206) 382-0500 c /l()l'8leER am C 0 ,- I- m ~ ,J ·,1 I • I • TYPICAL SECTION 7: NORTH 10TH STREET 2 I.ANES OF TRAFFIC WITH A MEOIANITURNING LANE -,J t-,, ;-.~:''.PJ' *': ,;7J:;u .. ~~~ ., ,, '1 ~--' ,! , ~]"~-...=-.::---.:::.-.::::- Jl.--.o &Mt """' &.MIi: s.-J 1111D WM ~,a S ... -w=...-:r.:t.'l*'---:;.:-...:='::" ~ EXHIBIT 10E I~ _L",..L~ ~---------------w-.ar----------------, PARTIAL BUILDOUT TO SUPPORT SUBDISTRICT 1A ~ I 11' I 32' i SCA\£. 1 .. •18' tDm secnae NE O'l4VIN ti~ WITH TH: ICNi co.MrY lil'.MD 8TNCJN'CJS ,WJ 71£ CITY OF F&n'ON S7RS:1' STNOMD! ,ILL ROAOW~Y Sl:()TO,S NIE LLUSTMTIVE ~~ a lllilwwt Street &.'fflt BOO SeettQ. VJUhilc,11::n 9801 (l!C6I 382-0liOO F8" (l!C6I 3&'--0500 () IOW:MER 2003 Return Address Office of the City Clerk Renton City Hall 1055 South Grady Way Renton, WA 98055 Document Title(s) (or transaCtlons contained therem) I Development Agreement Reference Number(s) of Documents assigned or released: (on page_ of documents(s)) Grantur(s) (Last name first, then first name and lillUals) I The Boemg Company Grantee(s) (Last name first, then first name and irutlals) I City of Renton Legal description (abbreVIated I e lot, block, plat or secuon, townslup, range) Poruons of Renton Farm Plat, Renton Farm Plat No 2, Plat of Sartonsvtlle, Renton Bolier Works Short Plat, Renton Farm Acreage Plat, City of Renton Short Plat, CH Ads!t's Lake Waslungton Plat, and Government Lots I, 2, and 3 -STR 082305 TAX.LOT 55 PCL I BOEING, STR 082305 T AXLOT 115 PCL 2 BOEING, STR082305 TAXLOT 880PCL 3 BOEJNG, STR 082305 TAXLOT 19 PCL 4 BOEJNG, STR 082305 T AXLOT 9 PCL S BOEING, STR 082305 TAXLOT 37 PCL 6 BOEING, STR 082305 TAXI.OT 105 PCL 7 BOEING, STR 082305 TAXI.OT 152 PCL 8 BOEING, STR 072305 TAXLOT I PCL9 BOEING, STR.072305 TAXLOT 46 PCL 10 BOEING, STR.082305 TAXLOT 11 PCL 11 BOEING, STR 082305 T AXLOT 187 PCL 12 BOEING, STR 082305 TAXI.OT 79 PCL l3 BOEING, STR 072305 TAXLOT 100 PCL 14 BOEING, STR 08230S TAXI.OT 204 PCL IS BOEING (2g Full legal is on pages 8 through 17 of document Assessor's Property Tax Parcel/Account Number Poruons of the followmg #756460-0055-04, #722300-0115-08, #722400-0880-00, #082305-9019-00, #082305-9209-00, #082305-9037-08, #722300..()105-00, #082305-9152-07, #072305-9001-01, #072305- 9046-08, #082305-9011-08, #082305-9187-06, #082305-9079-07, #072305-9100-01, #082305-9204-05 [03003-0i0'1SB020080 051] 6/20/02 DEVELOPMENT AGREEMENT BETWEEN THE BOEING COMPANY AND THE CITY OF RENTON FOR THE BOEING RENTON AIRCRAFT MANUFACTURING FACILITY I. PREAMBLE Tlus 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 Washmgton, 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 entlty havmg 0W11ershlp or control of real property within its 3urisd1ct10n II. RECITALS A Boemg 1s the owner of certam real property, knoWll as the Boemg Renton Aircraft Manufactunng Fac1hty ("Renton Plant" or "Plant"), located m the City of Renton, Kmg County, Washmgton, as more particularly descnbed m Attachment l, which 1s attached hereto and by tlus reference mcorporated herem B The Renton Plant consists of approx.unately 279 acres located at the south end of Lake Washmgton m the City of Renton. The majonty of the Plant site is located withm the Tndustnal-Heavy ("IH") zonmg dlstnct and 1s designated Employment Area-Industrial by the City's Comprehensive Plan. An approxunately 21-acre portion along the site's eastern boundary is zoned IH and is designated by the Comprehensive Plan as Employment Area-Transition (Tntenm) C. The Renton Plant was onginally developed for constructlon ofm1htary aircraft dunng World War II, with the first Plant buildings completed in 1942 MaJor bmldmg constructlon occurred m the decades of the 1950s and 1960s By 1989, the Renton Plant contained 69 maJor bmldmgs with a total enclosed floor area of approxunately 6 9 IDJll1on square feet D In the late 1980s, Boeing planned an expansion of the Plant to accommodate pro3ected production needs for the 1990s and beyond. For that proposal, the City of Renton issued an envuonmental impact statement ("EIS") pursuant to the State Envrronmental Policy Act ("SEPA") that disclosed and analyzed the envrronmental unpacts of the addition to the Plant of new buildmgs and mcreased employees DEVELOPMENT AOREEMENT {03003--010S/SB020080 OSI] PAGE l 61ZOI02 E The EIS describes, among other alternattves, a "Proposed Actton" to add four structures (the 4-80 bwldmg, expansion of the 4-82 bwlding, a 16,000 square foot addltton to the existJ.ng 4-86 bwldlng, and constructJ.on of a six-level parlang garage) and 1,500 employees to support a forecasted productton mcrease Based on nnpacts of the Proposed Action, a "M1tJ.gatJ.on Document," dated February 20, 1990 and revised March 7, 1990, was issued by the City's Envrromnental Review CoIJIIIllttee ("ERC") F The EIS establishes that, without the expansion described by the Proposed ActJ.on, the Renton Plant generated 28,140 average dally velucle tnps and 4,060 pm. peak hour vehicle trips The EIS estJ.mates that nnplementatlon of the Proposed Actton will result m the additJ.on ofas many as 3,015 velncle tnps per day and 435 p.m peak hour vehicle tnps per day. G Boeing and the City agree that addltJ.onal development of the Renton Plant should be regulated and mitJ.gated m order to provide certainty and efficiency with respect to the City's appltcable review and approval processes Accordmgly, Boeing and the City wish to enter mto a Development Agreement addressmg certain aspects of Phase I and Phase II (as defined below) development and therefore agree as follows III. AGREEMENT 1. Definitions For purposes oftrus Agreement, "Phase I", descnbed by the EIS as the "No Action Alternative," shall include Renton Plant development existmg as of the date that the Mitlgation Document was issued "Phase II" shall consist of the Proposed Actlon as analyzed and tmtlgated by the EIS and the Mitigation 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 recording date of tins Agreement shall govern ( a) the continued use and operatlon of Phase I for auplane manufactunng purposes and any other Boemg operation (b) Phase II development apphcatlons submitted to the City withm 45 years from the recording date ohhis Agreement, so long as such applications are for airplane rnanufactunng uses Notwithstanding the foregomg, the City reserves the authonty under RCW 36 70B 170( 4) to impose new or different regulations to the extent reqwred by a senous threat to public health and safety, as detemuned by the Renton City Council after nonce and an opportwuty to be heard has been provided to Boemg DEVELOPMENT AGREEMENT [03003.0i0l/SB020080 os I J PAOE2 6/20/0l > -------·--·-------~ 3 Land Use Regulations For purposes of tins Agreement, "land use regulahons" means Comprehensive Plan pohcies and zoning standards m effect as of the date of tins Agreement, provided, however, that Boemg may elect at its discretion that Comprehenswe Plan pohc1es and zomng standards adopted after the recordmg date of tins Agreement shall apply to all or part of Phase II development For purposes of tins 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 Zomng Map as adopted by the City Council 4 Baselme Vehicle Tnps 4 1 Calculation of Future Traffic Impacts and Mihgabon Existing vehtcle tnps associated WJth Phase I, described by the EIS as the "No Action Altemaove," (i.e, 28,140 average daily trips and 4,060 pm peak hour tnps) shall be considered to be vested and to fonn the "baselme trips" for purposes of the analysis of transportation impacts associated with Phase II development or redevelopment of all or a component of the Renton Plant site For example, and without limiting the foregomg, if Boemg elects to dispose of or redevelop all or a component of the Renton Plant site, all or a portion of the basehne tnps may be assigned to that component of the site when calculating and deternurung the appropnate mitigation of future transportation unpacts apphcable to that component's redevelopment Therefore, only those traffic lillpacts that exceed the tmpacts associated WJth the "baselme tnps" shall be subJect to transportation lllltlgahon 4.2 Traffic Modeling "Baseline tnps" as descnbed in Paragraph 4 I above (i e, 28,140 average daily tnps and 4,060 p.m peak hour tnps) 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 servtces other than transportation, future bmldmg demolitions at the Renton Plant site shall be eligible for "redevelopment credits," wlnch shall offset any apphcable nutlgation or llllpact fees (includmg, but not hm1ted to, lllltigation fees for fire and water seTVIces) 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 demohshed. 6 Mitigahon Document To the extent that this Agreement confhcts with the Mitigation Document, this Agreement controls. DEVELOPMENT AGREEMENT (03003-0l05/SB020080 Olt] PAGE3 6120/02 C) CD c:, 7 Recordmg. Tlus Agreement, upon execution by the plUtles and approval of the Agreement by resoluhon 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 111 mterest, and may be assigned to successors m mterest to all or a portlon of the Renton Plant property Upon assignment and assumpuon by the ass1gnee(s) of all obllgauons under this Agreement, Boeing shall be released from all obhgatJ.ons under this Agreement. 9 Counterparts This Agreement may be executed m counterparts, each of which shall be deemed an ongrnal 10. Exprrallon. This Agreement, unless rescmded by Boerng or its successors rn rnterest, shall become null and void 45 ( 45) years from the date of recording of this Agreement #1 AGREED this ~ day of ___ ~""""'"""""d1:.L..&.LI"'------'' 2002 DEVELOPMENT AGREEMENT [03003--0105/SB020080 051] PAGE4 6/20/02 OTY??~N ~dCS'L;;?~ ATI'EST: By: Bonnie I. Wal ton -~==-='--"'==----I ts -~c~,,.,t¥,-,.C~l=er~k,.._ ____ ~ A~ed as to form· O(~~~ City Attorney COUNTY OF ---::K::::IN;c.cGc._._ __ On tlus day of June , 2002, before me, the undersigned, a Notary Pubhc m and for the State ofWaslungton, duly commissioned and sworn, personally appeared Jesse Tanner to me known to be the person who signed as of the CITY OF RENTON, the corporahon that executed the within and foregorng mstrument, and acknowledged said mstrument to be the free and voluntary act and deed of said corporahon for the uses and purposes therem rnentJ.oned, and on oath stated that he was duly elected, quahfied and actmg as saJ.d officer of the corporation, that he was authonzed to execute srud instrument and that the seal affixed, 1f any, 1s the corporate seal of said corporation IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above wntten DEVELOPMENT AGREEMENT [03003.QJOS/l1B020080 051[ (Pnnt or stamp name of Notary) NOTARY PUBLIC m and for the State ofWashmgton, residing at Se!+/:Le. My appomtrnent exprres· ____ Q.._/--.,.......qµ+->~~r: __ PAGEl 6120/02 THE BOEING COMPANY OEVBLOPMENTAGREEMENT [ISB02008005 l DOC] By Ph1hp W Cyburt Its Vice President PAGE6 617/02 • cc CID = CALIFORNIA ALL•PURPOSE ACKNOWLEDGMENT S1ate of Callfom1a Countyof L-o!> AtJG~L.£~ }~ on Ju IJ e: o ,, lco~ .... before me, DAW'-.l ~ 5>1AV~R. NoTA/1..J/ Pueuv N*""t 11'4 r,11, QI Otbf <11 " , 4"" 0oe. No111y Nllic l personally appeared Pt41Llf' W CY e,ulc.T DAWNE SHAVER COMM # 1325796 NOTMY' PUIUC • CAUfORNIA LOS ANGEll,S COUNTY Comm l;!ci! OCT 18 2005 NIIM(I) Of Signet(•) ill!. personally known lo me D proved to me on the basis of satisfactory evidence to be the person\&l whose name(~ 1sht!I, subscnbed to the w1th1n instrument and acknowledged to me that ~ executed the same in h1s/Aeflthet! authorized capae1ty{H1S), and that by h,slbBrilll<l,r signature~ on the instrument the person{al, or the entity upon behall of which the persoll(sl acted, executed the instrument ITNESS my hand and official seal t ~OIKA ~~~~~~~~~~-oPnONAL~~~~~~~~~~- Though the NJfonnatlOfl betaw is not required by law. 1/ may prove va/Uabls to {)6rsons wlyrng on rhe 00<:ument and could prevent fraudulent removal and reattschmant of tl'Ns form to 8/t0lh9r document Descrlpbon of Attached Document Tille or Type ol Document ------------------------ Document Date -~-----· ___________ Number of Pages ____ _ S1gner(s) Other Than Named Above --------------------- Capacity(les) Claimed by Signer Signer's Name D fnd,vidual D Corporate Officer -T1tle(s) ----------------- 0 Par1ner -0 l,m,ted D General D Attomey-1n-Fact D Trustee D Guardian or Conservator D Other------------------------ Signer Is Representing--------------------PAGE 7 Reorder Cal ro11 Fr60 , aoo an 6821 -----------~·~--~-----------~~--·"·······-·-· c:, CD = AITACHMENT I Legal Description of Boeing Renton Plant Property PARCEL I LOTS 1 THROUGH 13 IN BLOCK 11 Of RENTON fAAM PLAT, AS PER PLAT RECOIi.OED IN VOLUME 10 OF P!,+.TS, PAGE 97, RfCOROS OF KING COONTY, EXCEFT THAT PORTION THEREOF CONVEYED TO THE cm OF RENTON BY DEEDS RECORDED UNDBI. RECORDING NOS 7203140338 AND ~06070S7B, TOGETHER WITH LOTS I THROUGH 8 IN Bl.00: 1 OF SARTORISVILLE, AS PER Pl.AT RECORDED IN VOLUME 8 OF PLATS, PAGE 7, RECOROS OF KING COUNlY, EXCEl'T THAT PORTION OF SAID LOT l CONVEYED TO THE CITY Of RENTON BY DEED RECORDED UNDER RECORDING NO 7203140]]8, DESCRIBED AS FOLLOWS BEGINNING AT THE NORTHEAST CORNl;R Of SAID LOT, THENCE WESTERLY ALONG THE NORTHERLY LINE THEREOF A DISlANCE OF 13 50 FEET, THENCE SOUTHEASTERLY ALONG THE ARC OF A CURVE TO THE RIGHT, AADIUS ll 50 FEET, THROUGH A CE.,,.RAL ANGLE OF 90', AN ARC LENGTH OF 21 20 FEET TO A POINT ON THE EASTERLY LINE Of SAID LOT, 13 SO FEET SOUTHERLY OF THE NORTHERLY CORNER THEREOF, THENCE NORTHERLY ALONG THE EASTERLY LINE THEREOF A DISTANCE OF 13 SO FEET TO THE NORTHEAST CORNER OF SAID LOT 1 AND THE POINT OF BEGINNING, DESCRIBED AS FOi.LOWS IIEGlNNING AT THE NORTHEAST CORl'IER OF SAID LOT, THENCE WESTERLY ALONG THE NORTHERLY LINE THEREOF A DISTANCE OF 1l 50 FEET, THENCE SOUTHEASTERLY ALONG THE ARC OF A CURVE TO THE RIGHT, RADIUS 13 50 FEl!T, THROUGH A CENTRAL ANGLE OF 90', AN ARC LENGTH OF 21 20 FEET TO A POINT OPHHE EASTall.Y LINE Of SAlO LOT, ll 50 FEET SOUTHERLY OF THE NORTHERLY CORNER THEREOF, THENCE NORTHERLY ALONG THE EASTERLY LINE THEREOF A OISTANCE OF 13 50 FEET TO THE NORTHEAST CORNER OF SAID LOT 1 ANO THE POINT Of BEGINNIKG, ANO TOGETHER WITH THE WEST 81 5 FEET OF LOTS 11 ANO 12 IN BLOCK 1 OF SAID PLAT OF SARTORISl/lLLE, EXCEPT THE NORTH 20 FEET OF SAID LOTS 11 AND 12, AND TOGETHER WITH LOTS 1 AND 2 Of RENTON BOILER WORKS SHORT PlAT NO 282·79, ACCORDING TO THE SHORT PLAT RECORDED UNDER KING COUNTY RECORDING NO 7907109Q02; SITUATED IN THE CITY Of RENTON, COUNTY Of KING, STATE OF WASHINGTON, PAGES = = c:::, PAACEL 2 SJTIJATEO IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON PARCEL 3 THE WEST 17 S f!:ET OF THE NORTH 30 FEET OF LOT 10, THE WEST 17 5 FEET OF LOTS 11, 12, AND 13, ALL Of LOTS 14, 1S, ANO 16, ANO THE NORTH 30 FEET Of LOT 17, AU. IN BLOCK 10 OF IIEHTON FARM Pl.AT, AS PER PLAT RECORDED IN 10 OF PLATS, PAGE 97, RECORDS OF KING COUNTY, TOGETHER WITH THAT PORTION Of THE VACATED AUEY ADJOINING, EXCEPT THAT PORTION DEEDED TO THE CITY OF RENTON 8V DEED RECORDED UNDER RECORDING NO 7307090450, SITUATED IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON PARCEL4 THAT PORTION OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 8, TOWNSHIP 2J NORTH, RANGE 5 EAST, W M , DESCRIBED AS FOU.OWS BEGINNING AT A POINT 60 FEET NORTH OF THE NORTHEAST CORNER OF LOT 13 IN BLOCK 10 OF RENTON FARM PLAT, AS PER PLAT RECOROED IN VOLUME 10 OF PLATS, PAGE 97, RECORDS Of KING COUNTY, THENCE NORTH, ALONG THE WEST LINE OF PARK AVENUE PRODUCED, 185 FEET, THENCE WEST 107 S FEET, THENCE SOUTH 185 FEET, THENCE EAST 107 5 FEET TO THE POINT OF BEGINNING, EXCEPT THAT PORTION THEREOF CONVEYED TO THe cm OF RENTON FOR THE WIDENING OF&"' AVENUE NORTH BY DEED RECORDED UNDER RECORDING NO 7206090448; MD EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF RENTON FOR RIGHT-OF·WAY IIY DEED RECORDED UNDER RECORDING NO. 9406010S74, SITUATED IN THE cm OF RENTON, COUNTY OF KING, STATE OF WASHINGTON PARCEL 5 PARCELS OF CITY OF RENTON SHORT PLAT NO 093•89, ACCORDING TO THE SHORT PLAT RECORDED UNDER KING COUNTY RECORDING NO 8911149006, SffUATED IN THE CITY OF RENTON, COUNTY OF KING, STAT!: OF WASHINGTON PAGf!:9 ----------------------------~~-----.... .,.. ........... , -,_ -=,.------.. -.. -,-,-, . .,...,..,,,, PARCEL 6 THAT PORTION OF THE SOUTH 660 FEET OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 8, TOWNSHIP 23 NORTH, RANGE 5 EAST, W M , WHICH LIES NORTH OF THE NORTH LINE OF NORTH 6'" STREET ANO BETWEEN THE NORTHERLY EXTENSION OF THE CENTERLINES OF PElLY AVENUE NORTH AND MAIN STREET, NOW WELLS STREET NORTH, EXCEPT THAT PORTION THEREOF CONVEYEO TO THE cm Of l\ENTON 6Y DEEDS RECORDED UMDEI\ RECORDING NOS 7108190352 ANO 8509130916, SITUATED IN THE CITY OF RENTON, COUNTY Of KING, STATE OF WASHINGTON PARCEL 7 PARCEL A Of CITY OF RENTON SHORT PLAT NO 093·89, ACCORDING TO THE SliORT PLAT RECORDED UNDER KING COUNTY RECORDING NO 8911149006, TOGE:THER WITH LOTS 1 THROUGH 5 IN BLOCK 3 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 COUNlY; ANO TOGETHER WITH THAT PORTION OF VACATED STREET AND ALLEY ADJOINING, AS VACATED UNDER CITY OF RENTON ORDINANCE NOS 3319, 3327 ANO 4048 WHICH, UPON VACATION, ATTACHES TO SAID PROPERTY BY OPERATION OF lAW, ANO TOGETHER WITH THAT PORTION OF THE NORTHWEST l/4 OF THE SOUTHWEST l/4 OF SECTION 8, TOWNSHIP 23 NORTH, RANGE S EAST, W M , WHICH LIES BETWEEN THE WEST llNE Of SAlt) VACATED ALLEY ON THE EAST ANO THE EAST LIEN OF SECONDARY STATE HIGHWAY NO 2·A (PARK AVENUE EXTENSION) ON THE WEST; EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF RENTON BY DEEDS RECOIIDED UNOER RECORDING NOS 5180889 ANO 9406070579; SITUATED lN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON PARCEL 8 THAT PORTION OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTlON 8, TOWNSHIP 23 NORTH, RANGE 5 EAST, WM , DESCRIBED AS FOLLOWS BEGINNING AT THE POINT OF INTERSECTION OF THE NORTH LINE OF SAID SUBDIVISION WITH THE NORTHERLY PRODUCTION OF THE WEST LINE OF PARK AVENUE, AS SHOWN IN THE PLAT Of RENTON FARM Pl.AT, AS PER PLAT RECORDED IN VOLUME 10 OF PLATS, PAGE 97, RECORDS OF KING COUNTY, THENCE SOUTHERLY ALONG SAID PROOUCTION, TO A POINT 715 FEET NORTH OF THE SOUTH UNE OF SAID SUBDIVISION, THENCE WEST PARALLEL WITH ANO 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 SUBDIVISION, PAG! 10 ---------~-·---------~ THENCE WEST ALONG SAID NORTH LINE TO THE NORTHERLY PROOUCTION OF THE CENTER LINE Of MAIN STREET, NOW WELLS AVENUE NORTH, AS SHOWN IN THE PLAT OF RENTON FARM Pf.AT NO. 2, AS PER PlAT RECORDED IN VOLUME 11 OF PLATS, PAGE 32, RECORDS OF KING COUNTI', 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 BURLINGTON NORTHERN RAIUROAO RIGHT -OF·WAY, THENCE NORTHERLY ALONG SAID RIGHT -OF-WAY TO THE NORTH LINE OF SAID SUBOMSION, THENCE EASTERLY ALONG SAID NORTH LINE TO THE POINT OF BEGINNING, EXCEPT THAT PORTION CONVEYED TO THE cm OF RENTON FOR THE WIDENING OF NORTH 6"' STREET BY DEEDS RECORDED UNDER RECORDING NOS. 7106110508, 7106110510. 7106110511, 8509100968, 8509130916 AND 8509130917; SITUATE IN THE cm 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 23 NORTH, RANGES EAST, WM, LYING SOUTHERLY OF NORTH 6'" STREET, WESTERLY OF LOGAN STREET NORTH EXTENSION (LOGAN AVENUE NORTH) AS DEEDED TO THE STATE OF WASHINGTON BY OEED RECORDED UNDER RECORDING NO 3261297, EASTERLY OF CEDAR RIVER WATERWAY (COMMERCIAL WATERWAY NO 2), ANO NORTHERLY OF THAT CERTAIN TRACT OF LANO C0NVEYeo TO RENTON SCHOOL DISTRICT BY DEED RECORDED UNDER RECORDING NO 5701684, EXCEPT THAT PORTION CONVEYED TO THE BOEING COMPANY BY DEED RECORDED UNDER RECORDING NO 5907048 (ALSO BEING THAT TRACT DESCRIBED lN PARCEL 10 FOLLOWING), SITUATE IN THE cm OF RENTON, COUNTI' OF KING, STATE OF WASHINGTON PARCEL 9-6 THAT PORTION OF GOVERNMENT LOTS I ANO 3 IN THE EAST Y, Of SECTION 7, TOWNSHIP 23 NORTH, RANGE 5 EAST WM , ANO OF CH ADS1rs LAKE WASHINGTON PlAT, AS PER PLAT RECORDED IN VOLUME 8 OF PLATS, PAGE 79, RECORDS OF KING COUNTY, AND CERTAIN VACATB> STREETS, AVENUES ANO ALLEYS IN SAID PLAT, AND CERTAIN SHORE LANDS ANO VACATED LOGNI STREET NORTH (FORMERLY WILLIAMS STREET NORTH), IN SAID SHORE LANDS, ALL DESCRIBEO AS FOLLOWS BEGINNING AT THE INTERSECTION OF me NORTH LINE 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 CENTERLINE 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 LINE, THENCE NORTHERLY ALONG SAID WEST LINE OF SAID LOGAN STREcT NORTH TO AN ANGLE POINT IN SAID WEST LINE, PAGE 11 = co = THENCE NORTHWESTERLY Al.ONG THE SOUTHWESTERLY LINE OF SAID LOGAN STREET NORTH TO AH INTERSECTION WITH A LINE PARALLEL WITH AND 30 feET NORTHWESTERLY OF THE GOVERNMENT MEANDER LINE IN SAID GOVERNMENT LOT 1, THENCE NORTHERLY ALONG SAID PARALLEL LINE TO A POINT ON THE NORTHEASTERLY LIN!; OF SAID VACATED LOGAN STREET NORTH, THENCE ALONG SAID NORTHEASTERLY LINE, NORTHWESTERLY TO AN ANGLE POINT IN SAID NORTHEASTERLY LINE; THENCE NORTHWESTERLY ALONG THE NORTHEASTERLY UNE OF SAID VACATED STREET TO THE INNER HARBOR LINE OF LAKE WASHINGTON, THENCE SOU'THWESTERLY ALONG SAID INNER HARBOR LINE TO THE EASTERLY LINE OF THE RJGlfT. OF-WAY OF COMMERCIAL WATERWAY NO 2, THENCE SOUTHERLY, ALONG THE EASTERLY LINE OF SAID WATERWAY RJGHT-OF·WAY, TO rTS 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 3'0 SUPPLEMENT OF UIKE WASHINGTON SHORE LANDS, SITUATE IN THE OTY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON PARCEL 9-C AN IRREGULAR TRACT OF LANO LYING IN THE SOUTHWEST 1/4 OF SECTION 5, THE SOUTHEAST 1/4 OF SECTION 6, THE NORTHEAST 1/4 OF SECTION 7 ANO IN THE NORTHWEST 1/4 OF SECTION 8, All IN TOWNSHIP 23 NORTH, RANGE S EAST W M , INCLUDING WITHIN THIS TRACT CERTAIN PORTIONS OF LAKE WASHINGTON SHORE LANDS, AS SHOWN ON SHEETS NOS J AND 4 OF MAP PRl:PAIIS) 8Y UDO HESSE ANO FILED IN CAUSE NO 156l7l IN THE SUPERIOR COURT OF KING COUNTY ENTITLfD SEATTLE FACTORY SITES COMPANY, ET AL VS ANNIE J ADAMS, ET AL, AND MORE Pj\RTICULAIILY DESCRIBED AS FOLLOWS. BEGINNING AT THE NORTHEAST CORNER OF GOVERNMENT LOT 1, SECTION 8, TOWNSHIP 23 NORTH, RANGE 5 EAST W .M., THENCE NORTH 88°51'05" WEST ALONG THE NORTH LINE OF SAID LOT 1, ANO ALONG SUCH LINE PRODUCED WESTERLY 960 01 FEET, MORE OR LESS, TO AN INTERSECTION WITH THE WESTERLY MARGIN OF THE RIGHT•OF·WAY OF THE NORTHERN PACFIC RAILWAY COMPANY; THENCE CONTINUING NORTH 88°51'05" WEST "LONG THE NORW LINE OF SAID LOT 1 PRODUCED WESTERLY, 761 Jg FEET, MORE OR LESS, TO j\N EXISTING CONCRETE MONUMENT, SAID MONUMENT BEING AN ANGLE POINT UPON THE NORTKERLY LINE OF THE SHUFFLETON STEAM PLANT PROl'ERTY, THENCE NORTH 43°06'56" WEST, ALONG SAID NORTHERLY PROPERTY LINE OF SAID SHUFFI.ETON PROPERTY, 680 06 FEET, MORE OR LESS, TO AN INTERSECTION WlTH 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 aEGINNING, THENCE CONTINUING SOUTH 46°52'27" WEST ALONG SAID INNER HARBOR LINE 726 94 FEET TO AN IITTERSECT!ON WITH THE EASTERLY MARGIN OF THE VACATED COUNTY ROAD NO 376, ALSO KNOWN AS RAILROAD AVENUE, WILLIAMS STREET AND LOGAN STREET IN THE CITY OF RENTON, SAID ROAD BEING EXTENDED NORTHERLY, PAGE 12 THENCE SOUTH 14°36'26" EAST, ALONG THE EASTERLY MARGIN OF SAIO ElCTENOED COUNTY RO~ 817 01 FEET TO AN ANGLE POINT IN THE EASTERLY MARGIN OF SAID ROAD, THENCE SOUTH 41°U'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 SAJD NORTHERLY BOUNDARY OF PARCEL V 217 51 FEET, MORE OR LESS, TO AN INTERSECTION WITH THE NORTHWESTERLY MARGIN Of THE R!GHT-of•Wo1'Y OF THE NORTHERN PACIFIC RAILWAY COMPANY, 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 BEARS SOUTH 50°24'23" EAST, THENCE NORTH 14'34'18" WEST 1,546 44 FEET TO THE TRUE POINT OF BEGINNING, SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE Of WASHINGTON PARCEL 9-0 AN IRREGULAR TRACT OF LAND LYING IN THE SOUTHWEST 1/4 OF SECTION 5, THE SOUTHEAST 1/4 OF SECTION 6, THE NORTHEAST 1/4 OF SECTION 7 ANO IN THE NORTHWEST 1/4 OF SECTION 8, ALL IN TOWNSHIP iJ NORTH, RANGE 5 EAST, WM., INCLUDING WITHIN THIS TAACT 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 KlNG COUNTY ENTITLED SEATTLE FACTORY SITES COMPANY, fT AL VS ANNIE J A!MMS, ET AL ANO 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 88°51'05" WEST ALONG THE NORTH UNE OF SAID lOT I, AND ALONG SUCH UNE PRODUCED WESTERLY, 960 01 FEET, MORE OR LESS, TO AN INTERSECTION WITH THE WESTERLY MARGIN OF THE RlGHT-OF·WAY OF me NORTHERN PACIFIC RAILWAY COMPANY, THENCE CONTINUING NORTH 88'51'05' WEST ALONG THE NORTH LINE OF SAID LOT I PRoouceo WESTERL V 761.39 FEET, MORE OR LESS, TO AN EXISTING CONCRETE MONUMENT, SAID MONUMENT BEING AN ANGLE POINT UPON THE NORTHERLY LINE OF T1iE SHUFFlETON STEAM PLANT PROPERTY; THENCE NORTH 43'06'5&" WEST, ALONG SAID NORTHERLY PROPERTY LINE OF SAID SHUFFLETON PROPERTI, 680 06 FE!:T, 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 LINE 607 89 FEET TO THE TRUE POINT Of BEGtNNING, THENCE CONTINUING SOUTH 4&0 52'27" WEST AlONG SAID INNER HARBOR UNE 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 PACiflC RAILWAY COMPANY, SAID INTERSECTION BEING POINT ON A CURVE OF RADIUS 1,482 71 FEET FROM WHICH THE CENTER OF THE 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 CIRCLES BEAR SOUTH 45'16'28" EAST, PAGE 13 --------------------......... ,_.,,, _______________ _ .... .... C:-0 = = 0 ..... = CD = 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" o,\ST ALONG SAID RlGhT-OF·WAY MARGIN 159 90 FEET, THENCE NORTH 20'38'24' WEST 700 81 FEET, THENCE NORTH 46°53'04' oAST 215.00 FEET, THENCE NORTH 43'06'56" WEST 713 87 FEET TO THE TRUE POINT OF BEGINNING, SITUATE' 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 NORW, RANGE 5 EAST, W M, LYING EASTERLY Of COMMERCIAL WATERWAY DISTRICT NO. 2 (CEDAR RIVER WATERWAY), AND WESTERLY OF LOGAN STREET NORTH EXTENSION (LOGAN AVENUE NORTH) AS DEEDED TO THE STATE OF WASHINGTON BY DEED RECORDED UNDER RECORD!~ NO. 3261297, DESCRIBED AS BEGINNING AT THE SOUTH MARGIN OF G'" AVENUE NORTH ANO THE WEST MARGIN OF LOGAN STREET NORTH, THENCE NORTH 89°34"11" WEST ALONG SAID SOUTH MARGIN, 674 91 FEET, TO THE MOST NORTHERLY ANO WESTERLY CORNER OF A TRACT CONVEYED TO THE BOEING COMPANY, BY DEED RECORDED UNDER RECORDING NO 5701683, ANO 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 u,;E OF COMMERCIAL WATERWAY DISTRICT NO 2, AS CONDEMNED IN KING COUNTY SUPERIOR COURT CAUSE NO 211409, THENCE SOUTH 12•47•42• EAST, ALONG SAID RIGHT-OF·WAY LINE, 328 72 FEET TO THE INTERSECTlON WITH A LINE PARALLEL WITH AND 320 FEET SOUTH OF, AS MEASURED AT R!GlfT ANGLES TO THE SOUTH MARGIN OF 6'" AVENUE NORTH, THENCE SOUTH 89°34'11" EAST ALONG SAID PARAlLEL LINE, 366 34 FEeT, THENCE NORTH 00°25'49" EAST 320 00 FEET TO THE TRUE POINT OF BEGINNING, SITUATE IN THE CITY OF RENTON, cou,;TY 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., OESCR!aED 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 RADIUS 850 FEET, F>AG! 14 THENCE NORTHERLY ALONG SAID CURVE 274 82 FEET TO THE POINT OF TANGENCY, THENCE NORTH 17°59'39" WEST 1484 81 FEET TO A POINT ON A CURVE OF A CURVE TO THE RIGHT SAIO POINT BEING ON THE SOUTHEASTERLY MAil.GIN 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 BEARS SOUTH 49°18'19" EAST 288 67 FEET, THENCE SOUTHERLY ALONG SAID CURVE 250 S7 FEET TD THE POINT OF TANGENCY, SAID POINT OF TANGENCY BEING ON THE EASTERLY MARGIN Of SAID PARK STREET, THENCE SOUTH 00°57'41" WEST ALONG SAID EASTERLY MARGIN 1581 JO 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 PORT10N(5) THEREOF CONVEYED TO THE CITY OF RENTON FOR PARK AVENUE NORTH BY DEED RECORDED UNDER RECORDING NO 9703181422, BEING A RE-RECORDING OF 9612120855 ANO RECORDING NO 8811150482, TOGETHER WITH THAT PORTION OF VACATED LAKE WASHINGTON BOULEVARD, ADJOINING, WHICH. IJl'Otl VJ\CATION, ATTACHED TO SAID PROPER'l'r SY OPERATION OF LAW, -SITUATE IN THE Cl'l'r OF RENTON, COUNTY OF KING, STATE OF WASHINGTON ...... ..... C, c~ = cc-, PARCEL 12 AN IRREGULAR TRACT OF LAND LYING IN THE NORTHWEST l/4 OF SECTION 8, TOWNSHIP 13 NORTH, RANGE 5 EAST, WM, IN KING COUN'l'r, WASHINGTON, INCLUDING WITHIN THIS TRACT CERTAIN PORTIONS OF LAKE WASHINGTON SHORE LANDS AS SHOWN ON SHEETS NOS 3 ANO 4 OF MAP PREPARED BY UDO HESSE AND FILED IN CAUSE NO 156371 IN THE SUPERIOR COURT OF KING COUNTY ENTITLED SEATILE FACTORY SITES COMPANY, ET AL VS ANNIE J ADAMS, ET AL, ANO MORE PARTICULARLY OESCR!BEO AS FOLLOWS BEGINNING AT THE NORTHEAST CORNER OF GOVERNMENT LOT 1, 51:CTION 8, TOWNSHIP 23 NORTH, RANGE 5 EAST, W M., IN KING COUNTY, WASHINGTON, THl:NCE NORTH 88°51'05" WEST ALONG THE NORTH LINE OF SAID LOT 1, AND ALONG SUCH LINE PRODUCED WESTERLY %0 01 FEET, MORE OR LESS, TO AN INTERSECTION WITH THE WESTERLY MARGIN OF THE RIGHT·OF·WAY OF THE NORTHERN PACIFIC RAILWAY COMPANY, THENCE CONTINUING NORTH 86°51'05" WEST ALONG THE NORTH LINE OF SAID LOT 1 PROOUO:D WESTERLY 7&1 39 FEET, MORE OR LESS, TO AN EXISTING CONCRETE MONUMENT, SAID MONUMENT BEING AN ANGLE POINT UPON THE NORTHERLY LINE OF THE SHUFFlETON STEAM PLANT PROPERTY; THENCE NORTH 43°06'56" WEST, ALONG SAID NORTHERLY PROPERTY LINE OF SAIO SHUFFLETON PROPERTY, 680 06 FEET, MORE OR LESS, TO AN INTERSECTION 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 POINT OF BEGINNING, THENCE CONTINUING SOUTH 43°06'56" EAST 220 00 FEET, THENCE SOUTH 46'53'04• WEST 220 00 FEET, PAGE 15 THENCE SOUTH Jl '37'23" EAST 448 22 FEET TO AN INTERSECTION WITH THE NORTHWESTERI.Y MARGIN OF THE RIGHT-OF-WAY OF THE NORTHERN PACIFIC RAILWAY COMPANY, ThENCE ALONG SAlO MARGIN SOUTH 50°43'32" W!;ST 174 00 Ff;ET, THENCE NORTH 20°38'24" WEST 700 61 FEET, THENCE NORTH 46°53'04" EAST 215 00 Ff;ET TO THE TRUE POINT OF BEGINNING, EXCEPT THOSE PORTIONS THEREOF CONVEYED TO P\JGET SOUND POWER & UGHT COMPANY BY DEED RECORDED UNDER RECORDING NO B812140277 AND FURTHER DEUNEATED AS PAACElS C AND D ON CITY OF RENTON LOT LINE ADJUSTMENT NO 004·88, RECOROEO UNDER RECORDING NO. 8808309006, TOGETHER WITH THAT PORTION KNOWN AS PARCEL E OF cm OF RENTON LOT LINE ADJUSTMENT NO 004·B8 RECORDED UNDER RECORDING NO 8808309006, DESCRIBED AS BEGINNING AT THE ABOVE REFERENCED TO THE POINT OF BEGINNING, THENCE SOUTH 43'06'56" EAST J 86 FEET, THENCE SOUTH 14'36'26" EAST 244 87 FEET TO THE TRUE TO THE POINT OF BEGINNING, 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 103 03 FEET TO THE TRUE TO THE POINT OF BEGINNING, SITUA re 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 EASTERl.Y OF THE A8ANDONEO BURLINGTON NORTHERN (LAKE WASHINGTON 111:LT LINE) RAILROAD I\IGHT-OF-WAY ANO LYING WESTERLY OF PARK AVENUE (UIKE WASHINGTON BOULEVARDS E ); TOGETHER WITH THAT PORTION OF GOVERNMENT LOT 2 IN SAlO SECTION, DESCRIBeD AS 111:GINN!NG AT THE INTERSECTION OF THE SOUTHEASTERLY MARGIN OF THE ABANOONEO BURLINGTON NORTHERN (LAKE WASHINGTON BELT UNE) RAILROAD RIGHT ·OF-WAY AND THE WESTERLY MARGIN OF PARK 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 (LAKE WASHINGTON BOULEVARDS E ), THENCE SOUTHERLY ALONG SAID MARGIN TO THE SOUTH LINE OF SAID GOVERr;MEr;T LOT, THENCE WESTERLY TO SAID SOUTHEASTERLY RAILROAD MARGIN, THENCE NORTHEASTERLY TO THE TRUE POINT OF BEGINNING, PAGE 16 ------------" ... c::> CD c:, EXCEPT THAT PORTION THEREOF CONOEMNEO FOR SR 40S BY KING COUNTY SUPERIOR COURT CAUSE NO 6S6127; AND EXCEPT THAT PORT!ON THEREOF CONVE<W TO THE cm OF RENTON FOR WIDENING OF PAAK AVENUE NORTH BY DEED RECORDEO 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 CO.) 100 FOOT RAlLWAY RIGHT·OF·WAY IN SECTIONS 7 AND 8, TOWNSHIP 23 NORTH, RANGE 5 EAST, WM., LYING BETWEEN THE NORTH MARGIN OF NORTH 4'" STREET /IND THE SOUTH MARGIN OF NORTH 6"' STREET, StTUATEO IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON PARCEL 15 THAT PORTION OF THE BURLINGTON NORTHERN INC.'S 100 FOOT RIGHT-Of-WAY FOR ITS BELT UNE IN GOVERNMENT LOTS I, 2, 3 ANO NORTHWEST V. Of THE SOUTHWEST 'lo OF SECTION 8, TOWNSHIP 23 NORTH, RANGE S EAST, W M., ANO GOVERNMENT LOTS I AND 2 IN SECTION 7, SAID TOWNSHIP AND RANGE, BETWEEN A WEST PRODUCTION OF THE NORTH LINE Of 6"' IIVENUE NORTH AND A LINE EXTENDING SOUTHEASTERLY ANO RAOIAU Y TO THE MAIN TltAO< CENTER LINE AS NOW CONSTRUC'TI;D FROM SURVEY STATION 1068+00 IN SAID CENTER LINE (DISTANT 40 8 FEET SOUTHWESTERLY, MEASURED ALONG SAID MAIN TAACK CENTER LINE, FROM THE SOUTHWEST!IU.Y END Of BURUNGTON NORTHERN INC •5 BRIDGE NO 3) ANO SOUTHEASTERLY OF THE FOUOWING DESCRIBED LINE BEGINNING AT A POINT 25 FEET SOUTHEASTERLY, MEASURED RADIALLY ANO AT RIGHT ANGLES TO THE CENTER LINE OF TAACK AS NOW CONSTRUCTED, FROM SURVEY STATION 1068+00; THENCE SOUTHWESTERLY IN A STRAIGHT UNE TO A POll'IT 25 FEET 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 S THE END OF DESCRIBED LINE AND ENO OF OESCIUPTION, SITUATED !N THE CITY OF RENTON, COUNTY Of KING, STATE OF WASHINGTON PAGE 17 -r,, .... = 0:::, = .... c::, -CJ "" 'c:, ·= ...... ATTACHMENT 2 Development Regulations Applicable to Phase II Development l Development regulauons, including, but not hnuted to the following chapters of Title IV of the Renton Muruc1pal Code • Chapter I • Chapter 2 • Chapter3 • Chapter 4 • Chapter 6 2 Pohc1es set forth m the City ofRenton's Comprehensive Plan (adopted February 20, 1995, amended August 13, 2001). PAOE: 18 ,, ·~, .... When Recorded Return To: ,Gethl&)3resslour / qfficetit the. General Counsel The Boeing Company P.OiBo)( 3707, MC 13"08 .. SeJttie/W ashington 98l24 · 111111111111111 0041119001959 aoUNG·.,, cov za. ee ·.·· PAGEHf OF 010 ti/19/.2004 15: 15 K.!NG ,COUNlV; WA. DOCUMENT TITLE: Declaration of C6venants, Conditions, and :RestrictiQns REFERENCENUMBERSOFRELATEDDOCUMENTS: .· ,, .·. GRANTORJBORROWER: The Boeing C~inp@y; Decl~t ····· ''' GRANTER/ASSIGNEE/BENEFICIARY: .,· .• .·. ..• .. ..··· LEGAL DESCRIPTION: Portions of the NW V.. ofSectitjn 8;"f2~. llSE/Willamette f .. .. · · Meridian, and as set out in Exhibit A, attached at piigc{S ,.C ASSESSOR'.S PARCEL NO(S). 0823059011, 0823059221, 0823059220, 0823059222 ' DECL;'\.RATION OF COVENANTS, CONDITIO~S/AND . . .. . RESTRICTIONS THIS DECI:::11.RATION OF .·· COVENANTS, CONDITIONS, AND RESTRICTIONS (hereinafter referred to as the "Declaration") is made, granted, declared, established and reserved this 3 day Of Nbve)ilber, 2004 .. • . •' . ,• The Boeing Company, a Delaiare·· corporation (~eiijnafter referred to as "Declarant") is the owner of certain real property Jegal!y'descrloed ·on Exhibit A (the "Property") attached hereto and made a pa.11,:herebf, and· The Declarant wishes to provide certair\ asiuradcef to the ,City of R~ton, a municipality of the State of Washington, that certain steps will be tak~ by !;11~ Declaj1U\t and its successors in title with respect to the treatment ofsuifac\iwatei on,:th<; .. Property. · · . •' . ' $ NOW, THEREFORE, in consideration of the benefits t~ b{degvedh'ere~rio~r, the Declarant hereby makes, grants, declares and establishes this DeclaratiOQ: 1 •, 1. 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 Plan'ning/BulldingfPublic Works Deparunent to the attention of Mr. L. M. Babich III of . thi Declarant\dated April 27v2000, and titled "Boeing Parking Lot 38 Storm Water c' C!ode,Modifjcatipn Approval<(LUA~99-155, SA-H, ECF)", a copy of which is attached · hereto as Exhibit B./ · · ·· ' · b. ·. .Facilities./ .The temi. '.fFapilities" means the oil/water separators installed ontl:ie Property pur~rianHo the $torin)Vater Code Modification. .. __ ,.· ' ' -· . 2. TERM: The restriction.s declared, reserved, granted and btablished hereby shall be perpetual and continue in force until such time as tbe owner ofthe Property applies for and receives a permit to construct a building on,the Propfrty; aLwhich time the conditions, restrictions, or mitigations imposed in connecdon,with ·~ is*ilance'of'5l!ch permitshall supersede thi~ Declaration and this Dechiration shall th~eUPQ!] .be b«ome Avitfiout furthereffect. This Declaration may be termi11ated··or,mocjifieclon.Jy wjth the c;ons~t of the owner .of the Property and the City of Renton, Pi{OVIl)ED that the cityA:,f Renton has agreed in the Storm Water Code Modification that~rtaill reqtii~en~ set O\lt herein may be modified as set out in the Storm Water Code Modific11tion:" ' · · 3. PURPOSE. , , · · This .Declaration is made in order to provide assuranc~' kl the City of Rertton .. that the obligations pf, the Declarant set out in the Storm Water Code Modification will be tiinding upon the SJ1ccessors to the Declarant in title to the Property. 4. COVENANTS.,CONDffIONS?AND'lIBSTRICTIONS . ' ·: . . ·:. a. Covenant to Install and Maintain lhe J:acilities. Subject to the terms and conditions of the Storm Water .Co& Modification,' the· Declarant shall install the Facilities as provided in the St<iim . W a¢r Code Modifi6atlon and shall maintain the Facilities as provided in the Storm Water Co& Modificatioll. . b. Covenant to Provide Mo~\fuy ·Regenefativi Sweeping:' of the Property. Subject to the terms and conditions of the Stoi'm .Water Code Modific11ti9n; ffie Declarant shall provide regenerative sweeping of the p~ved surfa.<;e of the/Property no less frequent! y than monthly. · · · · · 2 5. ··· GENERAL PROVISIONS. _i o'' .. . Runs with Land. The covenants, conditions, and restrictions . ·cpntained herein, shall run with the land described in Exhibit A and shall be as binding tipon·fu(ure 6wners of the Property as and to the same extent they are binding upon the .c' Deciarant. · t>•: . . . ·. Partiru. lhvalidity. If any portion of this Declaration shall become · · illegal, nu!) or .void/for /ir.y reas9_ri';"or .~ha!Lbe held by any court to be so, the remaining portions hereof shail remain in full fq_rce amfefft;et. .·: ·. ,· •' ', : ... ' .:.· .' ··. c. ·' Caption~:-<The 2l!ptjdns/and section headings are inserted for convenience p'urposes -Only and shall.!)6t,be used to expand or diminish the provisions hereof. · · · · · ·· ·. d. Law. this Declaration s~allbe foterpre~'~d enforced pursuant to the Jaws of the State of Washingtot\, without r~erenceto its choice of law rules. e. ·.·.··. Severability. If any term or pr~vision ~Lthis'Declaration,•or the application thereof to any person or cirCUJT1Stanc~s shAil to any, e1>tent ··~ inv!didi'and unenforceable, the remainder of this Declar.i.l,~()n··or;the.·applic~t),<l~)of .~uc~ tedn or provision to persons or circumstances other than those ~ to which if is.·invalid or unenforceable, shall not be affected thereby, and eath Jenn "an.ii pr6visfon,·of this Ddlaratjon shall be valid and shall be enforced to the extent'perrnitfed by lai-. · -· : . : ; t: Construction. This Declaration shall be liberally co,ll~trtiedjn order to .i~ffectuatc its purposes. · JN WITNESS WHEREOF, the parties have duly executed this Declaration as of the day and year first !Jereiriabove set forth. THE BOEING COMPANY ~~:, ··~"""3'--.• -.--~- . .. Aulll~Hd Slg111101r .,,.,-.,... :;.,·-·. 3 STATE OF WASHINGTON . . ) ss. ('.'OUNTY OF KING } . .. ·• I certify that I know or have satisfactory evidence that the person app¢aring before. me and making this acknowledgment is the person whose true signature ·· appears on thi.s docurrioot. . .. / _._ ... •······ / , 0~ this f I t;l,ci'~ of-~ ,Y).\be,C 2004 before me perso app¢ared cJlo.-& I M ,1"'-11111'.l,i\\'1< ,to mekqpwn to be the t\Y.:l.llll~·~d..<:.U.:~~:.2l:!...-\_,..-.. of the torporation' thatex~cuted thnvitl)in>aod f9regoing instrument, and ack wledged the said instrument _to' be thefree:!).lld volµntfu:y,'act and deed of said corporation, for the uses and putj,0Ses · therein .mentj<ined, .arid qn oath stated that he was authorized to execute said instrum~ht and that the' seal affixed, if any, is the corporate seal of said corporation. 4 EXHIBIT A LEGAL DESCRIPTION . •Thai portion of t.heNcmhwest Quarter of Section 8, Township 23 North, Range 5 East, · W,M.,described as follows: Corrnueflcitig arthe,foonurrient in.case µiarlting the intersection of Park Avenue North (also. known as Secondary State !Ji~y.>ay Nf 2A) and North 8th Street; thence North 00'56'42" East;afong,the mol\udi~nted cehterlin~ of Park Avenue North, 30.02 feet to the intersec(i,;m oftli.e so_uth litie 6fsaid n</>rthweiit quarter; thence South 89'28'22" East, along said south line, 56. 88 feet, IP the, (file p6jnt of beginning; Thence, continuing on saidsouth Jin/ Somh·S9'.28'22'' .East, 744.5$ feet, to the westerly margin of Garden Ave. North being 6D.OO Jec;t in wJ(ith; thence; 1;1long said westerly margin the following courses,N:orth 00'29'31" Eist,,253,38/eet; Thence ori .a curve to the left, said cm\ie.havingaFadius.ofS5Q.OOJe~t:·ih(~)Ugh an< included anikof 18'30'00", an arc distance.of 274:4$ feet; / .. ,_ .. . Thence NoJth 18'00'30" West, 1249.86 feet, to the intersectiqti of the said westfaly•· inargin ofGatden Ave. North and the easterly margin ofthe ient6nijorth/Int¢rchange of SR,,405 as shqwn on sheet 2 of 5 of plans thereof as approved Aprlr27, 196~'. Thence "forth 46'IT-l0" West, along said easterly margin, 42.25 feet,,. Thence South8:;ro5'J6'' West, 29.05 feet, to the a 12' strip of land dedkat&I as right of way in.Deed fil~d unde~ recprding·nul.llber 8811150482 Records of King County; Thence South 43 · 4 7'35" West, 136,87 feet;.· Thence on a curv~to (he left, said curve having a ra.diµs of 515.62 feet, through an included angle of 33'20' 33'.', ari ah: dist<1I1ce of 300.0$foet; Thence North 79'32'58" West,t:Z:00 feet;.·. Thence along a non-tangent curve to the lef(curvc: th~ raclial ¢enter of which bears South 79'32'58" East, 527.62 feet, through an included angle.of9'.':30';it?an ate dis_\!!,nce of 87.53 fet:t; ··. · · · · · · ., · Thence North 89'03' 18" West, 5.0 feet, to the easterly m~~inofPai:kAveQ&i:NorQi p~i an unrecorded survey relating to improvements made to Park A.venµe North;by the <:ity :-.' · of Renton, during construction of Park Avenue North improvements I}DA{'roJect07-0h 03375; . . (continued on next sheet) •,·,~-·· 5 Thence South 00°56'42" West, 720.24 feet; Thence South 01 °14'57" East, 52.24 feet; .l'he~ceSouth 00°56'42" West, 2.00 feet; ,fThenc& s;uth 09°35'51" West, 23.26 feet; , ihe11ce.S0uth 04°18'23" East, 16.39 feet; ,'fhehce :South 02,'07'58" West, 144.71 feet; •. ThenceSouth·OO'Ol '16'' West, ;no.is feet; 1;,henc:e South 43;58'..40" E<1st/21.07;feet to the true point of beginning. Situ;te in tbe .$late 6f Wafhingtoaj C96nty ~{ King, City of Renton. . ~ ' ,· . -. ' . Containing: ).2.16(\.acre.i, 965,58'3 sq. ft\ ,' . .. : ' 6 EXHIBITB ·•·TRUE COPY OF STORM WATER CODE MODIFICATION 7 ~~"f .. CITY OF RENTON /i /::! :.'. ··.· ... ,Jesse 'lanher, Mayor Planning/Building/Public Works Department Gregg Zimmerman P.E., Administrator C April 27, .woo Mr; LM. Babieh Ill Envirorunental Aff~irs Manager The BoeingCompan~,··· P.O. Box 3707;MS·63-4L Seattle, WA 98124-2207 SUBJECT: . BOEING P A.RK:)Nii iotJB STORM WAJ'ER cont}do1>IFICA TION · APPROVAL (LUA~99-155, SA~H, ECF) . .. . •· . ~-···:, . Dear Mr. Babich: ,· ····:.. . . ·--, ···; / _;: ·< .. ,. ,•:•-:. ·::-. / _-:'" The City of Rfu\on approves the Boeing Parking L9t 3B ~l'lll water code mt\dii«:atiQh request ,with · conditions. We find that the proposed code modificiition·lbeeli the ·dec)sioif'tr!terfa for Modifi<;ations required by City Code (RMC 4-9-25P(d)) .. The code modif><(atioll request)Ji 1q pro~Jde .stonn water frea\fuent i!,ro<+gh the. use of monthly parking lot sweeping utilizing specia/ sa;,et sweep<* eq_11ipment; m<>ie frequent otbrm •system tn.aintenancelinspection;• and the use· of. coalescing j,late oU/water ~parators: lJie approval ~f,the code modification, is-based.upqii,tjie,jlrformatlo!' submi~!I !zy thi, Boeing'Company 9n Jam,iary27, 2000, and presented by.ihe1loeingCompanycat our ApriI24; 200Q; m•etiiig. , :· ·, . > .... : . ·.··:'" ... .-·:. ·.!·-·' .: .• .. ···> ··.t,··1·-' • -;:,,.-.: :/).·,:·_.-.,,,·-· -'.. . • ' ·., .. , .. _,:-...... · .• :·_· .. Toe·CG®,modjficiiticin was detoimined to·m:eet,th,iilecision criteria since.the proposal.yias to provide '8P%Total Suspended S91ld, (TS$) removal. ,,me: propo5!1I is to provide storm water treaflnent for 19.45 acres of the site, whichis IIIi a.re~ that i~.appr<ix.iniateli 150% larger than the area required to be treated accord!ngtbthe pi;ov(ruonsc:oflh~· c;.ity's current code. fo approving the code modification; the City also recognizes that the Boeirig Cocip_Jiny:·hils dedicated resources to ensure that the incteased maintenance . and inspection will be perfortned'as r~ilired b)ithe Boeing Renton Plant's National Pollution Discharge -Elimination Sysie,ii. (NPDEM p.ermit/ ' · · · . • _-:·.::_. ...... :· _.· -:: / ·._.-.,· .. __ ;:,/:'"...,,:..-.:~ ;, _'..-'_!.,~ .•. /~···-... • . . The Code Modification request)s ajipr.oyed with theTollo"'1)lg c'Olldttl6ns: 1. · A minimum of 19.45 acres6fthe Boefug Parkirig 1.i>t 3B ;hall ~~iye storm water treatment. . storm water treatment shall be .~hteved by .the (ollowlng methods: .:. ' ' . The 2. Parking Lot Sweeping: Parking lot sweepijlg sba,ll be peifoifued.bt~~~hly through the use of an Elgin Regenerative Sweeper or Schwarze EV Sweeper only. Should the .Boeing,Compiiny wish to use a different model of sweeper in the coming years; use of ,ihe ntw sweep<;t shl)ll be··subjeeMo written approval of(he City of Renton. · · · · 3. Catch B.asin Maintenance and Inspection: All catch basins\n thfl9,4~ ~lies ~fl.ioeingl.'~king Lot •· ·-· · 3B shall be inspected annually .. \\Jhen catch basin ·sumps have becom\> 30% !illed·(depih.~t$edirnerit ·equal to 0.3 times the distance between the bqttom of the catch basin and·ljte jiiv~rt ofthe catch .basin) .-.. '.· .,· . 1055 South Grady Way-Renton, Washington 98055 M,. Babich, Parking Lot 3B Stonn Water System .~ rR:,, ~ \\ /')" -' ----i ', __ ..., l ',. , )1.priJ 27, 2000 · /Pagel. I --·' ----.-' -....:. .... ...-~ ' -with acc~·mulate'd ~ediment, the catch basin sumps shaJJ be cleaned out throu&l1 the use of a vactor truck o,-o\Jier acccptab_le stotn)--·Sy5fo"\-cleaning methods. Standard WSDOT ·'.rypc J and Type JI citlch t>asins sh~ll-be used inJl;e constrµ'ction of the parking Jot storm system. 4. Coalescing Plate ()ii/Water Separab:irs: ,fmin~ll] of three (3) coalescing plate oil/water separators shall be installed.to_ treat 19.:45 aer~ \if the B~i,ig Piir~ing Lot 3B as proposed. 5. The coali,seing pla;eoil/wateriepahtors sha~ Ile_ ct.signed to treat the runoff from the water quality storms for basil)s -i'l, 12-·and IS equal to L20 cfo, 1.qJ cfs and 1.48 cfs, respectively as proposed. 6. The coalesc~g plate oil/wafer separato,;s~all b~~ac;.tJnltjnati~nal, l'lb'.;},fpaks CoaJesci~g Plate Oil/W a/er Separators. or equal-and shall be _iilzedpll-,ed.upon the_ assumplianjhat a,mOl<imum of,66% of the washed off sediment wil\.•be removi;,i via,th,; separa_tqrs. 7. The coalescing plate oil/water s~paratoj; shall be ins~cted ll!l>Jllhly orjinmediately following any . large spill on the site. ·. ;~~~\ ,u_· ~ .. i,..,·~~ · · ·· ' .··-··,.,. 8. Th.-coalescing plate oiVwater ~;-is 1.Tr be ~~~cleanedJ;qµarterly, (~ery ·th~e _ months) or whenever ooe ofiJ>~t1t't1~,1cl'itio~J<if.:ivbjQ er oc=.!irst:.. · . #. .. , .#' 'i.-.J 'If there is: I) One (1) inc/l pffree l!&'ating oil; or '-'~ ·, . --' 2) SiX 16) jncbes'of<S'l/cige,in tlj~·b'l'ittnm.-ofthe il:p' sia'tor; r ' if, t ~ f, • -!,••'"':'..;~ t 3) Sludge ii,the plat9 pac1':J --ri/'-~ if ' ., . -1 .. ~ t i!f'a&.'· i A. ~ ---' . 9.:' Inspection/Maintenan_ceID.eport: ip,~A! shall sfbnu'f a report an1u1~y ta the City that summarizes the monlhl{~specti'i_rl•.,~ !i,W.l:epm at Wll§' J.'.erfuroied. The repo,:t shall include results of the inspectiorl!j '{lept!\,'6\':\ed,menf~ catch "'?'}'~1dIBepths ofoil and sludge in the ·~oalescing pjate oiVwaler ~p~~ll,pd note when m~ ce eping and cleaning) has been performed. The report sli~LJ ff,;§· a,i;lloc..'lm!;Jl.tlltion I o enders (sweeper; vactor truck operators) contracted to perfo?%.~eep'i:gg ~l!ralean· catch basins and coalescing plate oil/water separ;itors. SUch d,op~tj,!_n '§~all b.t.on Jtl endor'• letterhead and shall briefly describe the work performed; the eqmpmen(,~_g,_®-9,the"ffi.tes of work. . . ,• ,• . 10. City Inspection: The Ci' is autlj~rized to-;nt~r theBoefngJ>arking I;,ot 3B site at any time and inspect the facilities to verify th~e 'conaitions :ire being satisfied. · 11. · Penalty: )f the Boeing' Compemy <l~!""nstrates a persi*nt or n;ieat~-fail"" to comply with these conditions of the code modification; the Ci~ ·of Re_qt9ii may require ihe Boe1',g-C:ompeny to install additional storm water quality treatment facil_ities as requu:ed by City¢o~e in tlie"Boeing Parking Lot IB~. --- -~ 12. Restrictive Covenant: A restri;tive covenant shaUlie recotded,against' the B~Ing P~r)cing"tot ;JB property t'iat lists the above conditions as restrictions agaibs_t tiJe property; The restrictive covenant sllall also provide that in lieu of performing the above conditions,)ny _/\ltur,' owi,e{of t1ie··B_oein·g _, · Parking Lot 3B site may modify the site storm system as outlined in 'item-ii l l ibove • .-' ·-,; :· '.·. .• . •' . - Mrc.Babich, Parking Lot 3B Storm Water System Apnl,17, 2000 · .Page'3< · Please· notil), fu~·if yo~ disa~ee with ·.thj:. conditions associated with the requested stonn water code :modification,for !lie-Boeing Plm(lhg Lot 3B. We wil.l proceed with completing the project construction p!a1:i' re*,f andJssuance of the consttifotion .. perm.it if the code modification conditions are acceptable. The cortstnictioi:i permit will i~clude a';prov,ision regoi,ing the restrictive covenant to be recorded prior to conipl~tio1iofcbn#iiction, Thank Y¥". ·. ·· · ·· . Sincerely, j ' '' .· -.. ·· ' ' ~1er131urft!q#(~ Gregg Zimmerman;· P.E., Adminislr;itor: , ·-: ·· Planning/Building/Public Works · · _-·when Recorded Return To: · Gciald Bressi our 9focc of_the General Counsel The Boeing Company ./P.O. Box 3707.; MC 13-08 .· Seattle, W ashington98p4 DOCUMENTTITLE:DeclaraUon of Coveii:anti: Conditions, Easements and Restrictions REFERENCE NtlMTIERS C)F RELATE!) ])0CUMENTS: GRANTOR/BORROW:ER: __ .· TheBoeing Company .. GRANTEFJASSIGNEFJBENEFICIARY: NIA_/ . _. .. . LEGAL DESCRIPTION: (BurdenedProperty)I.,9.t~ 1-4, Boelhg,lakeshore Landing, BSP 20041223000856, as more fu\Jyl;lesliri~in Exhibit A beginning on page 12 of this Decl,ration .•.· .• --· <i _/ / A legal deilcriptiOffQfthe benefited PfOp~rtYbygins on,page 13 of this Declaration · ·· ·· \ ,, .,.. .. ,., · ·. · ASSESSOR'S PARCEL NO(S). 082305-9220'05, 082305-9221-04i-08J'.305-901J-08; 082305- 9222-03; 082305-9079-07; 082305-9204-05; 082305-9()37,()8;082305-9152,;-{)7/ . tXClsE TAXNOr Rt:QUIRED -·· Kin~Rea_ -Oivisi.on BY' ,;,.....,'. cvfr,£ • Deputy . ,' -··· Renton Lakeshore Landing CCRs (Closing) 20041226 1ST AM-S Paqe 1,6115/ DECl,ARATION OF COVENANTS, CONDITIONS, EASEMENTS, AND RESTRICTIONS . .· TJiIS DECLARATION OF COVENANTS, CONDITTONS, EASEMENTS, AND <RESTRICTIONS (hereinafter i:e;ferred to as the "Declaration") is made, granted, declared, ::.pstltbli,hed am! re.served this.28th d;itbfDecember, 2004 . . · WHEREAS/The Biieing Cornp~ny,, il)el.i.ware corporation (hereinafter referred to as "Declarant") is the owl)tr of cer.tahfreal ptopei:ty legally described on Exhibit A attached hereto and made a pfut hert:of (the "Property"); and.···· ··•· .. ... : ·• ' . \ WHEREAS, th('. Declarant aLso~Wns·substantial proper:tyin the general area of the Property, described in Exhibit B (the"Retained property;'), whic~'is}fffccted by operations at the Propert::REAS, the Declarant wi~hes fo n\sure thiit .th:,iseo[Jhe Property does not adversely aff<;ct the use of the Retained Property and permits the owner ofthe Retained Property to use andenjdythe Retained Property. · ·." ·· NOW, .THEREFORE, in consideration of the _beriefiis to .. .be deri:ved hereunder, the Declanmt hereby makes, grants, declares and establishes this ~lat~ti.oii: 1. DEFINITIONS AND PURPOSE. a, . • Prtijed. As used herein, the term "Project" shall mean tlie qevelopment of the Property; the Reiarned Property or any part thereof, the redevelopment of the Property, the .. Retai11ed Prnperty; o,· any part thereof, or the use of the Property, the Retained Property, or anrpart thereof. . b. Intentionally Omitt~d. · c. Road and Street Desjgnations. . Desi~nat(ons of roads and streets in this Declaration shall be de,;med td apply lo the streets refeqed to herein as designated and laid out on the date hereof; provided thatthisDeclaratl6n Sl:lall continue to apply to said streets and roads if called by a different·name at any-time irpheJuture and/or if aligned differently in the future from their alig~l'nen{on thedatdhereof. · .-. . ,·"· d. Improvements shall mean and feferto all striJct\ltf:S, imprgvements, equipment, fixtures, objeds used for decorative or incidenta]purpt)sel!; an.d cqil~tructiqn of'any kind on any Lot whether above or below the land surface, wheJher_pei:maJ\e)lf or temporary, including without limitation, Buildings, utility lines;' c¥veway, I¥ive<f parking ~as,. pathways, fences, screening walls, retaining walls, plantings; planil:d _,trees and ~~rubs, · •' -., .... '·. -' ···. 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 stormwater runoff, lighting fixtures and signs. e>·· · .. Occupant shall mean and refer to, collectively, the Owner and any other Person or .. fersoris entitled, by ownership, leasehold interest or other legal relationship, to the right to occupy aUo.r :my portion of the Property. f Owner shall m!"ari·~~d p:fer to the Person or Persons holding record fee title to the Property (iriclurlin!J, as applicable, Peclarant, but excluding any Person holding such interest merely l!ii security for the'· ~iformal)Ce ()f an obligation), and their respective heirs, slicc<:;ssohumd a~sigIJs. · · ' ·• · ·· g. Person·sh.ul mean an(i refertoan.)/individual, partnership, corporation, trust, estate or other legal entity. · · · ·· h. Lot shall niean and refer tq any legal Jot intci which tlle.·1'roperty or any part of it has on the date hereof or shall hereafter be di,vide(l: · · TERM. ..·· i · Th~ restrictions declared, reserved, graut«i'ancfest1.1~I_lsh~:he¢by,shallcontinue in full force and effect for as long as any portion ofthe Retaineq,Property' is owned, occupied, or used by (a)The Boeing Company, or (b) any directo~;in1iirect·subsidi~ryiof.The Boeing Company, or (c)any\:orporation, business, or other entity that Is controlledby or w\der common control with The Boeing Company or (d) any corporate, business, .. or; otlil:r entity that supplies The,Boeing C6mpa11y \!Ll\ny entity identified in clause (b) or (c) '\.vith goods or services in support <lf the aviJit\011 industry, including the business of designing, producing, maintaining, repairing,-or modifying aircraft or spacecraft. This Declaration may be terrruiiated or modified only\vith the consent of The Boeing_<;::ompany or the parties referred to in clauses (b), (c), or (d) if they are·t!rciowner or occupant .of the Retained Property. : ... .-' ·. 3. COVENANTS, CONb!TIONS,,AND RESTRICTIONS The Dcclarant hereby ~;venants that the Proptmy will be used by Declarant and by all of its succes,;ors 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 U~es. 'The ~~operty shall be used solely for purposes permitted by the D~yelopment Agreeme,1:rfor Renton Plant Development dated November 24, 2003 (as it inaybe artiendedJr01n tunii'totiJne, the "Development Agreement"), recorded in the rec9tds qf Kiiig Cougty, Was_J1ington under recording no. 20031210001637, unless otherwise agr:eedfo \Viiting:by thlil)ecllirant. The Dec!arant may prohibit any other use, even if such use is pe!'Illitted under; or w9uld b{/ .·. allowed as a nonconforming use under, the City of Renton Zoi:ifngCod() ()r Iartduse.,. regulations as in effect on the date of this Declaration or as they rriay be amended l\l anY 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, ·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,orso,called "adult" literature, periodicals, movies, videos, pict~, phptographs,qrthe H)fo PROVIDED HOWEVER that nothing herein shall prqhibit ushs foch as Borders, B.µ-nes~ Noble, Blockbuster, or Walgreens who may sell or distribute qne <ire more of su9h progi.ic;ts as an ancillary part of its primary business; (b) the presentation of so,qilJed "aqul!" .entertainment (c) the operation of a strip club, gentlemen's dub, or an establishmeµt providing entertainment in the form of table or lap dancing or,{d) the.sale; distributi<:il}; or di~play of drug paraphernalia. The Property shall be kept and maintained in a firsFclass manner, . Without Iim1ting _the genern.lityoffue fo!.l;lgofog, thif~Jlowing uses are expressly prohibited on the Pr0perty: (]) hospitals;. (2) schools, excepuhat post-secondary;,.,ooiitio~al. trade: . proft:ssional, and technical educational institutionsshal]J:ie allow.eel i · •. .• (3) residential uses and pre-secondary sch<)()l,day care facilities are prohibited entirely on Lot !; residential uses aie-prqhibiiect•on \he ground level or below. ground level on Lots 2, 3, and 4 of the l'to~f\:Y PROVIDED THAT development of residential units at grade level will be pennitted if the Q'wner 4ses .construction methods that will prevent any indoor 'air migration of .· ·materials that may ~dversely affect human health (such methods to include, by wi.y of exjlmple but not limitation, installation of adequate vapor barrier and passive 6r ac\ive ve~tila\ion systems). (4) men'; dubs; .· (5) ~ail er court~ wiihoui ne~iarant' s prior written approval; ... ·· . ;: _..-.:· .'-'/ ( 6) distillatio~ ofbones; •·•· (7) junk o/sal(age yards, or d~pi.r\g;~sposal, incineration or reduction of garbage, sewage offal, deail anhnals· or rffo:re; · · ··. ·' . (8) rendering of fat or animiil (i!lSues{ ·.. .. .. (9) stockyard or slaughter of anim~s; · Renton Lakeshore Landing CCRs (Closing) 20041226 Page 4 of 15 (10) refining of petroleum odts products; (11) smelting of ores; (12) raising or boarding of animals, except for animals kept within : a Iluildi!lg 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 • i theiph1sinesses; · / i i < (l}}r;1tltil~;;n0Jcsale by any automobile, truck, camper or mobile n6medealerships hayiirg out~de storage and inventory; (14) open{I6;:i'liock truck terminals without Declarant's prior written approval ; · · (15Janyotheruse that is hazard6U$.tO any Lot(s) on the Property or the Retained Property or contiguouii prqpeiti~·by •reason of fumes, dust, noise, electromagnetic or nuclear !'3.diation, thermiil'poliution, li.1rnid or solid waste ... pollution, or particular danier of fire.or explo~fon; i · 3.2' . Design Standards. In corineG.tioii with Jhe jnitial.developm((nt and constrnction of anyl:mprovemcnts on the Property or the col)'Stnictiol). of any material alterations, renovations.or additions to any Improvements on the Property, i:>r aµy_1.1raterj~ redevelopment of the Properfy, Bµyer covenants that (i) Buyer shall utilize the setvices of a cllilyiicdtsed arcnitectu:ral firm experienced in the design of retail shopping centers and.mii(ed,iise de,vclopments and (ii) thatthc extetior elevations and design of all bulldirigJmprovements and e11.terior sigtiage,J1ghting, landscaping and screening will provide for a levtlH>fmaterials, quality aiiil appearance comparable to .other high quality retail shopping center/ mixed-use projects, taking into.aci:oµnt the in9orpcirat1oifoftenants' or operators' prototypical architectural design features. •. · .. ..' • · . · . 3.3. Declarant r6 ~c Bel~· Harmless from Construction Costs, Mitigation Costs, etc. in Connection with Development of the Propert:,i. The owner or owners of all or any portion of the Property shallrelease thi;;owner or owners of all or any portion of the Retained Property from .1nd s\lall indemnify and h9ld hilrn)less the owner or owners of all or any portion of the Retai ,ied Property from and Againii an)': and all construction costs, fees, or charges associated with tl:te developrnent'or redt;veloprtieht. of all or any portion of the Property, whether such obl1gaticiri ta~es the form of cq.n,strucijon of public or private improvements, the payment oflnitigation or impact fees or.the pa:yl)lent of assessments levied by any improvement district formed tOfinanct;'thlconstfuction of any such improvements. The owner or owners of all or 1111y ~rti.bn 9£.the R.et~ned PN!lerty shall release the owner or owners of all or any porti6n .. of th.e PrOpilrtyJrcim and shaH ... indemnify and hold harmless the owner or owners of all or any pcntidn 6ftne;?roperly from and against any and all construction costs, fees, or charges associated ~ith thi, -- development or redevelopment of all or any portion of the Retaincxl Property, whethe~ Renton Lakeshore Landing CCRs (Closing) 20041226 Paga 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 . . ~A. Use of Groundwater. No Owner, occupant, tenant, or other person on the Property shallwithdraw or use groundwater on or under the Property for any purpose o(herthan·environmental testing, monitoring or remediation. : . . . 3.5c · Co~~~ant Not to Obrec~ to Any Development on or Use of the Retained Property . . Tbe ~wner ofthe Property sh~J1.riot objecttp any governmental agency with respect to any ''Exempted pevelopmsni:" on alhir.any/portion of the Retained Property, except to the extent that.OJ such dcvelopmeni; rCc!developrnent, proposal, plan or agreement would require the.payment by said .owner bf,rriitigation costs in connection therewith or (2) such development, redevelop merit, 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 housingor (4) sucti~~elopment, redevelopment, proposal, plan or agreement contravenes the-Deyelopm\lrit·Agreement as it may be amended from time to time. "Exempted D~veloprile\iffmc;ans l!llX. development or redevelopment on, or proposal, plan, or agreement for any porilon Of.the Retained Propehy that is owned, occupied, or ui.,d by(a}The Boeing:CpJnp;iny~or (b}any direct or indirect subsidiary of The Boeing Coinp~JIY/or(c) ahy p0rpo111tion, busjries~,' or other entity 1hat is controlled by or under common con\rol witl)'The _13.().Cing ~Ol,llPlljlY or (d) any ,:;Orporate, business, or other entity that supplies,ifh~B~fog.CompaI.1)' 0r·any entity ·· identified in clause (b) or (c) with goods or services in siqlptiit'of th~·ayfatioh industry, including the business of designing, producing, maintaining,--rej'iairing; or modifying aircraft ·or space,:;raft ,· · · 3.6. Rig~ts rsgardingTcst Wells; Easement regarding Environm;ntiH Matters. Th.e Dj:clarant .shall have a nonexclusive easement to enter the Property for the purpose of obtaining.' 1:eadings from monitoring wells as shown on the Plan attached hereto and taking s.ainples from suc,,h well~ and for the maintenance, repair, replacement, renewal, decomrn·i'ssi9ning, and dosing of such. wells. Such easement shall tel1Ilinate after the Washingtort St,ito Departineni ofEcology ("DOE") and the United States Environmental Protectio" Agency fUSEPA'') remove all requirements for the continuation of such mo11itoiing: Upon the reino\ia(df all such requirements, the Dcclarant, at no expense to the ownecat the time .. Qf tht\.Property, shall close and decommission all such test wells _in l;lccordimce w.ith applicable regulations, and upon such wells being so decommissioned, such eastmerit sh,all tetfuinate:; W_gjl.e the wells are located on the Property, they shall be mafiitained in a,good Sljlte of repair am;! operation in accordance with applicable legal requirements by'the/Declaranfat nc:i exp~nseto the Owner of the Property. Upon request by the ownefof-ihe.Propefiy, tliepecl!\Tant'shall provide the logs for such wells at no charge. The OWJier ofthe,·Prorerty _sha!L-riot construct any improvemc111 s nor allow the construction of ·any iri)pro'ye:m.ents (Pthe,r ... \han . parking area curbs and pa,ing and drainage/landscaping berms}':'Nithin fiYe(5)Jee(of / 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 such wells and monitoring activities and copies of any written communications received by theDeclarant 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; I(an Environmental Authority orders, or indicates in writing that it may order, the i11~taliation of.additional·monitoring wells on the Property, the Declarant shall give the owner pf the Property w.ritten notice thereof as soon thereafter as is reasonably possible. So long as' the ptopos~d·locations of such additional wells and the manner of their installation shall not tJhre.isonabJ'y :interfere with either the business operations on the Prop~rty or !he piannei;I developrheqt OJiTedevelopment of the Property, the owner or owners of the.Property5halfnot unr,eascina61y withhold consent to the installation of such additional·wells. Notwithst;inding,th~ 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 busipess operatrons on tbe· Property, or' the planned development or redevelopment of the Property, ·said owner reserves thcL,titht to contest the particular location of any such wells, and with respect'to such cpntest, the owner or owners of the Propc1ty shall hold the D~c!ar,mtJree and harmless,wit\i resp.1;9t thereto. Such contest shall ,be conducted by advising the becfor~nt of s.tich .obj¢tions: •,.The D¢1a.rant Lots shall provide such objections to the Environmental Airthorlty 11114 th¢. Decjiirant and the owner or owners of the Property shall be .<;[gilled.to pioviderep~iientiitivc;,s wh~ shall be present when such objec1ions are discussed with the.Enilronm.ental Aut\Jority'. Upon the installation of such additional wells, the Plan shall!x, !Ullended.!o inilicate their locations bv an amendment to this Declaration that shall be recorded in ·'the Records and the e~seme~t reserved to the Declarant pursuant to this paragb1ph}h~I be'd~med to apply to such additional·wdls. Both toe Dechirant ,ms! the "DOE" may enter the Property·: f6; the purpose of investigating or remecliatmg·any hazardous substance or dangerous waste (as such terms arc used in app]jCablc law) or other substance regulated or governed by any law related to the protection of the.·envirqnlilent or ofhuman health, which substance is discovered after the date hereof to.exiJ,t 01!.0[ below tlie surface of the Property, or migrating on or below the surface oftl1e Property, as th·e result of/prior operations by Declarant on or in the vicinity of the Proper\y, PRbVIDED that a11y dim,age to improvements on the Property caused by Declarant in condµcting s.uch investigiltioQ ll!ld remediation efforts shall be repaired by Declarant at its sole costandexpense, ari\(PROVIDED FURTHER that the foregoing does not apply to claitns agaiifst DOE, whfoh claii:ps-th.e owner of the Property shall pursue against DOE directly,. · ' · 4. ENfORCEMENT At-.'D OTHER MATTERS. Th~ D~clarimt sh.art h~ve.the right to enforce this Declaration by obtaining injunctive reliefimd/cir by other lawful mi;:ans, flowever, Declarant shall not have any I icn dghts (other than as a judgment liencir.fn cqris~uertceC'cif a suit or action to enforce Declarant's dghts hereunder) or security iriterestj; in/and.to Jtiti°Prdpeity arising from the provisions of this Declaration, or any breach thereofor i,\go,rwilltl pur§uii.nt to., any appliec1ble laws in connection with the enforcement of this Declaratidp. · ·· · · · Renton Lakeshore Landing CCRs (Closing) 20041226 Page 7 of 15 .. 4 .. 1 Constructive Kotice 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 agrcedio eyerysoven,mt, condition, restriction and provision contained in this Declaration, whethi:ror not ariyreferenceto this Declaration is contained in the instrument by which such Perso~acquired anjnteresfin the Property. .• ·. 4,2 Declarant'sRi ghts Urtder 6;~~; :t)ocµments i Nothing herein contlinled shli)l prejudice or diminish in any way Declarant's rights under an ya·otn'er documents tp.at haye beeh ,or that may be subsequently recorded against all or any portions qf the Prop~y. ,,·· · 4.3 Notices Except as otherwise expressly provtd~ in this Decl,arati9n,!?r required by law, all notiq~s. consents, requests, demands, approvals, authotizai,ion~··and otlu;r comm.tinjcations providtdfor herein shall be in writing at)d shall be ~med tohay,e~n',;lu!y give1i'if and when personally served or seventy-two (72),hours llfterheillg·serit~yUnited,Sta~s first dass lllail, postage prepaid, to the Owner of the Propei;ty ithe fr<)pertyanlfto \he , Declara~t at Boeing Realty Corporation, 22833 S.E/Bl<!Ck .t;l'~git R6~d./MC 7W-60, ·· Issaquah, WA 98027 ,i\atention: Vice President Developmehi, Phone No.425-373-7550. " . . . .. . . With respect tn (i) any such notice, consent, request, <letimnd, ~;pro\.al, authorization or communication and (ii) any document or instrument'gi.ye'n or made availabk: tci any6wncr hereunder and which might concern an Occupant of such Owners' · Lot,.itshall be the sole respotistbi!ity of such Owner (but in no event the responsibility of the Declarant) !?make ,1 copy thereof available in a timely manner to such Occupant. 4.4 No Waiver The failure to enforct: any provision of this Dec,laration shall not constitute a waiver of the right to thereafter enforc;e such provision or the righ,t.tp enforce any other provision hereof. · · · · · .·· · · . · .· .,/· · 4.5 Effect oflnvalidation Each covenant, condition and restriction ofthis-Declarafion,i~itit~ndedto be, and shall be construed as, independent and severabiet'rofll each other covi:nal)t;,;:ondjti~p and restriction. If any covenant, condition or resl!iction of ll)is peclatatjon i& held to'blcl iri~ic! by any court, the invalid,ty of such covenant, condition or q;stription shalfl!Qt ljffl.lCt the··· · validity of the remaining covenants, conditions and restricticiiiirheieof.\ ... ·•,.. · Renton Lakeshore Landing CCRs (Closing) 20041226 Page8of15 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, ... 111arita1'.status, national ancestry, color or religion. 4,7 ·. Cu;nulative Remedies·• . . Each~;medy p;~'v;de.d'ior inilii~_Declaration shall be cumulative and not exclusive . . The failure to exercise any rei)iajy providooJor in this Declaration shall not constitute a \vai ver ofsuch rc;megy or ofa.ny oth!"f'ternooy provided herein or therein. 4.8 Attorrieys' Fees ind C6sts . ..-. .· ·: . ·.· : If any Person commence~ litigationf6r thcjudicial illl~ipI"etation or enforcement hereof, or for damages for the breach hereof the prevailing pa.i,y shall be entitled to its reasonable attorneys' fees and court andntheI'·costs ineun.id,: 4.9 Estoppel Certificates , Ai any time and from time to timew.iJhin twenty(20} day& a&r writtc;h n\)tice or r¢qucsi by art Owner, Declarant at no cost or expense tgth¢"req~stjng p,nt)'.~hall execute )nd c!ellver to any mortgagee, ground lessee or purchaser of th/: PJPpertj a sta($1ent · certifying that this Declaration is unmodified and in full force arid effe¢t of if there have been modifications that it is in full force and effect as modiflechti'the: mimn<i specified in the statement and that {U!long other things reasonably requested there e,iists i10 default under this Declaration other than as may be specified therein. If Declarant fails f;6 deliver any such statement within.twenty (20) days after written notice or request by an Owner, and if ' Peclarant further fails to deljver·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 un.der thls se\1'(1mce).then it shall be conclusively deemed that there exists no default under this Declarat_ion 6n the parh:,f_said Owner. 5. GENERALPROVISIQNS: ·' a. Runs with Land. The· bun;len and benefits of ~·covenants, conditions, easements and restrictions contained herein with respeci to the ·Propei:ty; shall run with the land described in Exhibit A . The bu,dei:Js and benefiti of the covenants, conditions, easements, and restrictions contained hirein with respect to.th¢ Retain.edJ.>roperty, shall run with the land described in Exhibit B, PROVIDED tlfat for ~6 J6ng as· '!'he Boeing Company is the owner of any part of the Retained Property, TheJ~oeing.,Coni.pany shall have the sole right to amend, modify, and enforce thispedaratioii/ '· . . .. ··. Renton Lakeshore Landing CCRs (Closing) 20041226 Page 9 of 15 b. Headings . Paragraph, Section and Article headings, where used in this Declaration, .. arc 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 o.fWa~hington, without reference to its choice of law rules. d· 'SeverabiliW lf~y ~erm or provision of this Declaration or the application .·thereof to any persov or cii,cuinst.anci::s shall to any extent be invalid and unenforceable, { the remainder of this.Declai;atj,911· or tl}e application of such term or provision to persons '6r cir·cumwi'nces· other than those as·.fo Which it is invalid or unenforceable, shall not be affecti::,i therej)y, and each'·term and·pr<\vision of this Declaration shall be valid and shall be enforced to the extt!nt pei:mitl~iby law. e. Construction. ThisDeciaration~hall be liberally edmtrued in order to effectuate its purposes. f. Singular Includes Plural.. Whertevetthe contexto~this Declaration requires, the sinpilar shall include the plural, and vice versa, and tJie m~culirie'sh'a!J includeJb~ feminine and theneuter, and vice versa. .. ' · ·· · · · lN WITNESS WHEREOF, Dec!arant has duly exetutetl this· Declarati9\i. al of the day and yi::fu-first herei nabove set forth. · ·· · ·· ' · THE BOEING COMP AN\' I • . By: Colette M. Temmink Title: Authorized Signatory Renton lakeshore Landing CCRs (Closing) 20041226 Page10of15 STA1'B OF WASHINGTON } } ss . . /COUNTYOFKING } · .,. . _· • l certify that I kpow or have satisfactory evidence that the person appearing • before me an,,{ ma!Qng this aQlcnowleggment is the person whose true signature appears on this d1JCument. . . . On this 47th day ot_beceml)er/2P~4/before me personally appeared Colette M. Temmink, to ine kno\'ilp to bee the .Authorized Signatory of the corporation that executed the wlthin\md Joregoing_.instru¢ent;-~nd acknowledged the said instrument to be the free and voluntary act and deed ofsaidcorporation,f<J~ the uses ll!14 purposes therein mentioned, and on oath stated that he. was authorized to eliecute said instrumenh.nd that the seal affixed, if any, is the corporate seal of said corp·oration.. t '" written. WITI\'ESS my hand and official sfa; hereto 11ffi:~ th,t:. ~ay and year first above .-· ~/·v-~ -Notary Public ~ct for ¢e State_6f Wlishin~n Residingat. ~,~Cl...,,- My commission exp1res:\i:L'.. ~--· · ,__,::;-4.c:.a_.n /. . (2rr> -ii:,oic.r~er [Type or Print Notary Name] ~ -•: __ . i Renton Lakeshore Landing CCRs (Closing) 20041226 Page 11 of 15 EXHIBIT A LEGAL DESCRIPTION Of Property • Lo)s l, 2, 3, and 4, 13.oeing L*esho;~ J.;anding, a Binding Site Plan, recorded under Recording ~o. 2Q04 I 22}000S56: . ... . Situa;e irt the City of Rentou, Couqt/~f KinlSt~t~of Washington. ,· :: .: ::;· .,· ·: ·' _'. Renton Lakeshore Landing CCRs (Closing) 20041226 Page 12 of 15 ParceJ:°7223000105 _ EXHIBITB LEGAL DESCRIPTION Of Retained Property 1~2 4:&RENTQN FARM ACREAGE ADDALL LOTS 1 & 2 BLK 4 TGW VACALLEY ADJ TGW ALL .·LOTS 1 THRU !iBLK 3 OFSD PLA,TT(;V{ VAC N 7TH ST(CALIFORNIA AVE) & VAC ALLEY ; ADJTGW POR;OF NW 1/4 OF SW 1/4 Of$EC 8·23-5 OAF· E 100 FT LYN OF C/L OF SD N 7TH ST Pl:IOJ WL '(Ll;SS N. 60 FT THOF & Ll,!SS W ,10 FTOF POR LY SLY OF N 300 FT THOFALSO LESS POR QESC L{NDER Al)Dll'.OR FILE ~325235 • tow POR OF SDNW 1/4 OF SW 1/4 DAF • E 100 LY SOF ciL-OF SD NTfH S°j:PROJ WLY~Ess $3J5fl"'THOF & LESS W 10 FTTHOF (AKA LOT2 OF RENTON LLAj/8-88 REC#88111690Q1) • TGV;tPCI. A.OF RENTON SHORT PLAT #93-89REC #8911149006 SD SHORT PLAT .OAF ·.POR QI' .SQ NW 1/4 OF SW 1/4BAAP OF INTSN OF NLY LN OF SDSUBD WITRNLY PRODUCTION OF.WLYMGN OF PARK AVE NTH SLY ALG SD MGN AS PRODUCED TAP WCH IS 715 FTN OF SLY LN Oi:;'SD SUBD & THE TPOBTH W PLT & DIST OF 715 FT N OF SLN OF SD SUBD TO NLY PROD OF C/L OFPE:LLY AVE (N~LLY ST)TH SLYALG SD PRODUCED C/L TAP ON NLYMGN OFN 6;TH ST (~TH AVE N) wcHjs 30 FT N OF C/L OF SD N 6TH ST TH ELY ALG SD NL Y MGNTO WLY MGN QI= SD PARK AVE N .TJtN(Y ALG SD WLY MGN TO TPOB LESSS 185 FT OF E 107.50 FT LESS l'lD · . . Parcel : 7223.000115 3-4-5 4RENTON FARM ACREAGE ADD Parcel: ;'564600055 :· .·. ,. , . , 1 THRU.·12 1 &SARTORIS VILLE ADDLOTS 1 & 2 OF RENTON SHORT P.L.,6,T#282·79· REC #790710900;! TGW LOTS 1 THRU 8 OF BLK 1 SD SARTORISviLLt Al)D Liss ST TGWW 83.5 FT OF LOT .t'l SD BLKLESS N20 FT & TGW W 83.5 FT OF LOT 12 IN SD,BLKTGW L:OTS 1 THRU 131N BLK11 OF RENTON FARM PLAT LESS ST SD SHORT PLAT DAF ~LOT$1M(i-1.l"12.BLK 1 SD SAATORISVILLE ADD L.ESS W 83.80 FTLOT 12 AND LESS W 83.80 FTOJ: S30FT LOT 11 ~reel: 7224000860 .·· . · · ·., ........ ·.' 101'HRU 1710RENTON·FARM PLATLESS E 90 FT OF FOLG N 30 FT LOT10 & LOTS 11 THRU 13 LESS SI$ TGW POR VAC ALL.EV ADJOINING Parcel: 08230591 $2 . · . . . : 082305 152BET AT.NXN OF N (N OF NW 1/4 OFSW 1/4 WITH W LN OF PARK ST TH STO PT 715 FT N OF S LN OF SUBO 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 PRQDOF MAIN ST C/L TH S 630 FT TH W TO E LN OF NP R/WBEL T LN TH N TO N tN OF StiBD THE TO BEG.LESS RD Parcel: 0823059209 PARCEL B OF CITY OF RENTONSHORT PLAT N():93-,89 RECOFIDINGl',IO 8911149006 SD SHORT PLAT OAF· POR OF NW 1/4 OF SW 1/4 ·BAAP Q.F INTSN OFl\!l'( LN 01'SD_SUBWITH NLY PRODUCTION OFWLY MGNOF PARK AVEl\lTH SLY ALG SD MGN AS PRODUCED TAP WCH IS 715 FT NOF SLY LN OF SD SUBD & THE TPOBT}:I W PLT &DIST OF'ii5 FT N OF $LN OF SD SUBDTO NLY PROD OF C/L OF PELLY AVE N PElLY ST,TH SLYALG SD f>RODUCED C/L TAP ON NL YMGN OF N 6TH ST 6TH AVE N WCHIS 30 FT N OF' C/L 0F.$D N 6TH ST Tli EL V ALQ SD NL Y MG'ff l WLY MGN OF SD PARK AVE N THNLY ALG SDWL'{MGNTQTPOB LE$5S 185 FTOF E 107 -r FT LESS RD . . . .. . . .. . Rer•·,r Lakeshore Landing CCRs (Closing) 20041226 Page13of15 . Parcel: 0823059019 • 082.105 19PORTION OF NW 1/4 OF SW 1/4 •BEGIN INTSN OF W LINE OF PARK STWITH THEN ~~Ne~?~ i~;TH 1~~-~~ FTtT~ ~~°aN~E;~lg~~:~~ ~~ ~HO~~~~~~Nss:~:~~~g~ri~N~8to ;1'206090448 &NO 9406070574 .,/ Pilrceii 082305,9187 082~51f7POR OF GOV!-OT 1 IN NW 1/4 OFSEC 08·23-05 TGW POR OFLAKE WASH SHORE LAtilDS ,SE\3 I\IE COR OF GOV L.OT 1THN 88·51-05 W ALG N LNOF GOV LOT 1 & ALG WLY ·• PRODQF SO liN 9~0;01 FrM/J,.!TO WL Y MGN OF ABANDONEDSURLINGTON NORTHERN RAILWAY .RIWTH.CONTG N 118-51-0.5 W 71i,L39.FTM/L TO EXISTING CONCRETE MONUMENT SD MONUMENT.13EINGAN ANGi..E POINTON' NLY LN•QFSHUFFLETON STEAM PLANT PROPERTYTH N 43-06'56 w 680,QG·FT WL ro INN.ER HAR,BOR LN OF LAKEWASHINGTON SHORE LANDS THS 46-52·27 W 607.89 FT THS 43-06,56 E 717.73FTtOJPOB TH S 14-36-26 E 741.50 FTTAP ON NWLY MGN OF ABANOONEDBURLINGTON.NORTHERN RAILWAY R/WTH S 5D-51-48 W ALG SD ABANDONED R/W129.32 ffili N 20·38-24\'V700:81 FTTH N 46-53-04 E 215 FTTH S 43-06-56 E TO TPOB PER CITY OF RENTON LOT LINE.ADJNO 004•88.RECORDIN<;N08808309006 Parcel: 0823059204 . . . .· . . ... . . 082305 204POR SN RR 100 FT R/W IN GL1·2,3 & NWJ/4 OF $W 1/4 Ol=S-23·5 & IN GL 1 & 2 OF 7· 23-5 ALL LY BTWN PROD OF N LNJlTH.AVE N .& LN EXTND SELY ('RADIALL YTO TRACK C/L FR SUR STN 1068+00& LY SELY OF LN BAAP. 25 FT $ELY AT R/1\.l'R .SD SJ:t,I.TH STRAIGHT SWLYTAP 25 FT NWLY MEAS FR SELY R/WLN AT:SUR STNf074.:oo,TH sWt.y TAPONNWLY R/W LN & SEL Y OF SPUR TR STN 8+85.5 & TERM ·. .. . · ·.· i .... ·.· \ ... /· . \ / i' Parcel: 0823059037 . .·.· .. .· . . . 082305 37N 630.FT OF S 660 FT OF NW 1/4 OFSW 1/4 LY BErCT.A Ll'iSOF PELLYAVlt& MAIN ST PROD.LESS RD . ·' . . . . . -' Par°'I: 0723059001 . . .. . 0723051POR OF E.1/2 .OFSEC 7-23-05 LYELY OF CWW #2 & NLY OF t(tlTJi $TIN.SE 1/4 OF SEC Less NI> RNi LESS ST TGWVAC LOGAN ST LYNWLY OF LN 30FT NWLY OFGOVMDR LNTGW 2NP CL SH LDS ADJSUBJ TO rwo 20 FT R/W ESMTS & POR OF SE 1/4 OF SE.1/4 OF SECBEG NXl\f..S MGN OF,N ~TH ST WITHW MGN LOGAN AVE TH SLY ALG SDST 995.34 FTTH S 89·18-45 W TO ELV .. MGN CWW #2 TH N ALG SDMG!'i TO S MGl'i N 6TH ST TH E TOBEG LESS BEG NW COR THOF THSELY ALG WLY.ll'i 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 FTTHOFTGW PORS OF NW 1/4 SEC 08-23-05 & SE 1/4 SEC 06- 23-05 & SW 1/4SEC 05-23-0,SLY NWLY OF NP WW& 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 MIL TOINNER HARBOR LN TH S 46-52-27 WALG sl) LN 607.89 FT TO TPOB TH S.43•06-56 E 713.87 FT TH $46-53-04 W 215 FT TH S20-38-24 W TO NWL Y MGN SONP R/W SU6J TO SD ;10 F.T ESMTS LESS SN OPER STRIP ADJPOR OF SELY LN IN SD SEC 08-23-0SLESS ST.RD #7TGWVAC 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 6THAVENWITH E MGN oi= COM ww:# 2TH S13·29·00 E ALG SD E MGN 328.75 FT TH N 89-45-45 E PLL TO & 320 FTS OF 6TtfAVE N 366.a4. FT TH N00-14· 15 W 320 FT TO S MGN OF6TH AVE NTH S 59.45,45 '# ALG SD S MGtf493,0~FT foeEG Parcel: 0723059100 • . . . . , , • .· . 072305100ABANDONED RR R/W OVER E 1/20F STA 07·23-0S&W 1/2 OFSW 1/4:0F STR08-2~,D5 LY8ETNMGNOFN04THST&S0MGNN06THST . . . . ·,·. Renton Lakeshore Landing CCRs (Closing) 20041226 Page14of15 /BUFEXCLUDING Lots 1, 2, 3, and 4, Boeing Lakeshore Landing, a Binding Site Plan, . recorc!ed under Recording No. 20041223000856. .. S.ifuaiein the City of Renton, County of King, State of Washington. Renton Lakeshore Landing CC Rs (Closing) 20041226 Page 15 of 15 ; • EASEHEN1' For and in consideration of One Dollar (Sl.00) and other valuable c:ons idet'at ion, the receipt of which ie hel."'eby ecknowlodgad, THE BO~ING COHPANY, o O~laware corporation, {'Cr~ntor• heroin), hGreby grants and convoys and warrants to PUGET SOUND POWER & LIGHT COMP~NY, a Washington corporation (·Puget• heroin), for the purposes hereinafter set forth a nonexclusive perpetual easement, over, acro~s and under the following described real property (the "Property"); see Exhibits C-1 through C-9 Inclusive 1. Purpose. Puget sh11ll have the right to construct, operate, maintain, repair, r:eplace and enlarge an electric transntission/distdbution substations and one or more electric trans~ission and/or dist~ibution lines, over, under, and upon Property together with all necessary or convenient apurtenances ..JJ thereto, which ~ay include but are not limited to tho following, g Transformers, power clrcuit breakers, an~ other electrical equipment. Concrete foundation pads. Overhead trans•lssion and/or distdbution lines including poles and/or towers with awitches 1 crossarms, braces, guys and anchors. Undergrcund tran~mission or di5tribution lines including conduits, cables, vaults, switches, and manholes. Overhead and/or undorground colllfflunication and signal lines. Access roai:Js. Security fencing, retaining walls and rockeries. L.andscapin9 and irrigation systeias • J w, EXCISE TAX NOT REQUIRED Drainage and water retention facilities. If :15 n.:...:...: Control !louse. JJ ing · econfs 111mion Fiber optics. 6y ;i,,ll/!14 f , Dep,r, :2, Cleacin Gradin Puget shall h the right to cut an remove or at erw ,e spose of any and all brush and trees pres~ntly existing upon the Property. Puget shall ~lso have the right to control, on o continuing basls and by any prudent and reasonable means, the establishment and growth of lrees, brush and other vegetation upon the Property which could, in tho opinion of Puget, interfere with the exercise of Puget's rights herein or create a hazard to PL1got's fecilitiee. Puget shall also have the right to excavate the property and modify ttle contour of the land to the limited extent necessary to construct an electrical substation. 3. Campl i _.nee with Laws and Ru lea, Puget ahal 1 at al 1 times exercise its rights herein in acco~dance with the requirements {as frorn time to time amended) and all ,pplicablo statutes, orders, rulos and regulations of any public authority having jurisdiction, 4. Exclusive occupation. t>uget. ahall have the exclueive right of occupation of the •High Side" portion of the fenced substation and no other party, lncluding .Granter, shall have the right to enter upon or occupy that portion of the aubstation without prior -writtlJn notke to and perrnission from Puget. Granter shall not grant or convey r:ights of any kind t.o any third party for use of the "High Side" without prior written approval and consent from Puget. Granter shall have the exclusive right of occup"tion of the "Low S:iden portion of the fenced isubetation and no othac-party, includlng Puget, shall have the right to ent@~ upon Qr occupy that portion of tho substation without p~io~ written notico to and permieslon from Grantor, However, that in the event of ~n emergency requiring immediate Action by Puget an~/o~ Granto~ for the protection of it$ facilities or other persons or property, Puget and/or Grantor may take such a<:tion upon such notice to Puget iincl/or Grantor as is p., ,,sJ -1- ')aD~OIS t'l(oij-J<:J 9 DC 3SS2 I ) l i ) ·i i I I ' ,, • = ~ , > ' ' • reasonable under the circumstances. 5. Puget's Use and Activities. Puget shall exercise its ~ighta under this Agreement so as to 111.inimiz.e, -snd avoid if reasonably possible, interference with Grantor's use of the Property as set forth in Paragraph 6, heroin, 6. OrantQr 1 a use of the Pro ert Gl:'antor Durin Construct on. Gran tor reserves t e t at port on o the Property outaide of the fenced Substation (the "Unfenced At'8&") for ainy put'pose not inc<insistent "l'ith the rights herein onrnted, inc:luclinq, but not lhilted to, parking and road\flay. Provided, ho,.,ever, that Grantor shall not construct or ruaintain any building or other structure within the Unfenced Area and that no blasting shall be done within fifteen [15) feet of the Fonced Area. A.t no ti11e shall Puget's access to and along the Unfenced Area ba blocked off or unduly restrlcted. Puget shall make provisions satisfactory to Grantor for continued accesa by Grantor along, over and acroas the Property during period~ in which Puget le conducting construction or·other actlvitlesa In the evont of an ecnec-gency requiring lmtne(:Hate action by Puget and/or Granter for the protection of ita facilities or other persons or propeL"ty, Puget and/or Grantor maj take such action upon such notice to Puget. and/or Gt"antor as s reil!l:sonable under the circumstances. 7. Indemnity, By accepting the recording of this easement, Puget agrees to irlderanify and hold harmless Granter froJl any ar11:l all clahAs for daltlages, expenses, actions and clai111.s, including coats and reasonable attorneys' fees incurred by Grantor in deff:mae thereof, asserted or arising directly or indlr•ctly on account of or out of~acta or o•issions of Puget and Puget's servants, agents, employees and contractors in the exercise of the rights granted hereini PROVIDED, HOWEVER, that Pu et shall not be responsible to Grantor or an dama es u ng rom n ur es to ,b any person caused y~cta or om ss ons cif Gran tot• fu.('lh..;:\j ....., 4...-\ e. Abandonment4 The rights herein granted shall continue unt.Ll such time aa P1.1get caases to use said pi:operty for a period of five (S) successive years, in which evo,1t this easement shall tetminate and all righto hereunder shall revert to Grantor, provided, that no at,andonment shall be deem"d to have occurred by reason of Pu,get':,; failure to initially lnatall its facilities on the P~o~erty within any pe~iod of tl~e from the date hereof. 9. Notices. Notices t:'eguired to be in wrlting under this Agreement shall be given as follows; To Grantori 8-oeing Commercial Airplane Group dlvlaion of To Pl.lget: THE BOEING COMPANY, Attention: Fac:illtiea OiJ:ector Phone: 237-8381 Puget sound Power & Light Company Renton Service Center Phone r 255--246,4, Notices shall be deemed effective, 1f iaailed, ~pon the second day following deposit thereof in the United statos Mails, posta9e or upon delivery thareof if othorwi!lle iJlven, Either party may change the address to which notices may be given by glvin~ notice as above provided. 10. Acces,4 Puget shall hove the right. of reasonable· access to the Proper:ty over end across adjacent land9 owned by Grantor to enable Puget to exerQiae it& rightB hereunder, provide~ that Puget shall compensate Granter for any damage to the Property caused by the exercise of said right of acce1s. 11. Successors and Assi~ns. The r:ights and obl19ations ot the parties shail inure to t e benefit of and be binding upon their: reapective successors and asalgns. -2- 9 DC 3552 • I • ... DATED ___ day of -------19_. PUGBT1 GRANTOR: :z:i Puget So~nd Po~er & Light company, & Washington corporation ' ! ' , , ; Bi, ITS :-"'a""l"r'=o~ct~oc-ro--;R"'e'"•"'lr-.es~t-a~t~e--- STATE OF W~SHINGTON) ) ss. COUNTY OF KING ) On this Z.1m 11ay of fl~ , 11J?~be:fore rae the undersigned persoii"al~ appe~,a~ Jk.?jj;_ to me ltnow"n to be the ~aictU:l!: I!_ -. 'b'Zl..;; rasp lvely, ef eeeurn ea11MBRBl\f MRP-U:116 /iAAJp, 1't..l..t,;; of l'ffE BOEING COMPANf. the ...n corporation that executed the foregoing instrument, and ~ acknowledged the said instrument to be the free and voluntary act M and detJd of said corporation, t'or the uses and pu.rpo9es therein mentioned, and on oath stated that he authorized to e,cecutf:t the t3 said instrument. ~ year STATE OF W~HINGTON) ) ss. COUNTY OF KI NG ) the day and n and or t 1,1Jt~ resldlng at lb«dfc expires (-/.:;-'l'/ On this day of , 19_, before me the underslgnod peraonnlly appeared t:.o me known to Oe the Oit"ectot Real Estate of PUGET SOUND POWER , t.IGHT COMPANY, the corporat.lon that e,cecuted the foregoing instrument, and acknowledged the said inatrumont to be the freo and voluntar:y a.ct and deed of said corporation, tor the uaea and purposes therein mentioned, 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 writttn. Notary Public In and tor the State of Washington teslding at--~~~ My commiteion expires-~~-~-- -J- 9 DC 3552 ' l ,. ' • I ""' = ' ...... __ .. ·- : ESMlnc. " -RECEWEO t,111.'1 O i 1991 BEC E)4GltlEEf1S A. CIVIL ENCIN~ERING, LANO SURVEY, ANO PROlfCT MAHAC(MENT CONSUtTrNG FIRM Boeing/Renton Ease~ente Job Ho. 424-lCJ-910 May 2, 1991 O.H-/11/T C.·l LEGllI, DllSCllUUON l'OR THE PUGH' POWER POR'I'ION OF SCUSTATlCN BO. 1 That ~crtiotl of the Northwest quarter of seotion a, Township 23 North, Range 5 &1st, W.M., City of Renton, ting County, Washington, mora particularly desQribed as follows: COMMENCISG at an existing monument on Park Avenue North shown as P,C. A o+oo on the 'A' Line on Sheet 2 ot Sot the Washington St~te Department ot Highway Plans tor "PSR" l (St{ 405) North Renton Interchange 0 as approved April. 27, 1965; THENCE: N 22"22'08" E, 418.34 teat to an exi~ting monument shown as P.T. A •+28.Jl on said plans, THENCE S 70•58'29a w, 198.52 teet tc the TRUE POINT OF' 8£GINHING; THENCE N 10•5z,s111 E, J.S.84 teet1 THENCE N 39•24 '56 11 w, 66.28 feet; THENCE s s1·01'57" w, 13.47 feet; THENCE S so•44,54• w, 40.5:2 teett THEN'CE s 39• 19 '30" E, S2.50 feet; THEtiCE s J2"fl9'47 11 w, 1.9.91 feett THENCE s J9"19'J0° E, 10.50 feet; THENCE N 50"28 1 JO" E, 410.51 feet to the TFtUE POINT Of BEGINNING. Containing· O, \13 acres f 4,943 square feet), more or less. See attached Exhibit "A~. Written by: C.A.G. ,• Chocked by: R.S.H. ' 18:129 'J,11 P~l~vi:nue S.W. Suite 100 RCf'UOfl, Wa1hlnst<N1, 99055 . I. . ' -------.. ' • I .. = EXHIBIT "A• TO ACCOMPANY I.EGAL DESCRll'l1DN FOR THAT POtmON OF SUBSTATION NO. 1 TO BE CONVEYED TO PUGET P<>WER A PORllON OF 11£ NW .!l! OF SECT!ON e, lWP. 23 N., ROE. e E .. W..M .. cnv OF' REHTON. I\IMi COUNTY, \VA.;HINGl'DH EXlSJlNG 7' lf/Citt CHAIN lMK FEKCE wmt ovERt-lEAO we WfflE AS \.OCATEl ON 04,--.2l'H}1 HORIZONTAL DATUM: OWNf.RStfP MIPS 8'i HORTOH OOINIS NiO ASSOCwtS, INC, FOR Tl-£ SOONG RENTON Pt.ANT FAQUT1ES, 80EING JOB NO. J~29J, OR,A.WINQ NO. 5-oa71 DATED MAY 12. 19eo (HDA, t.'iC. JOB NO, 44.JSO) O<lSnNG MOHWOO, SHOWN AS P.C. A o+oc OH 'THE "A• LINE ON SHUT 2 Of 5 Of W.S.O.H. PLNfS FOR "PSII 1 (SR 40~} NORTH RENTON INTERClW«:£' AS APPROVED .,tfRIL 27, 151Ei5 JOB NO. 42,4-01-910 DATE : 05-D2-91 CRAWN : CAC. CHECKED ; RSM O~WING KAME I EXH-A-0 SttEEr 1 Of" 1 f;)<15T1NC MONUM0/1', -13 P.r. A ++:28.JJ C>n lHE • A" UNE: ON SHEET 2. OF S OF W.S.O.H, A.ANS FOR •PSH 1 (SR 405) NORTH FIENroN MERC:HAMGt"' J,S APPRMD APJUL 27, UIO!j SCAL.e 'I" • 60' ESII inc. L--------- Hl ~ INP'UC LW.. IUl'l'I: IOD ---~ r-1=-~ • ,, • I 1!1!11 - 5 ci . ' ~I :J :: llXHIBIT C1, PAGE l ESMinc. A. CIVIL fNCfNURINC, LI\ND 5UR\llY, A.NO PROJECT MANAGfM(NTCONS\JLTING FIRM Boeing/Renton Easements Job Ng. 424 .. 10-910 Revisod May 24, 1991 LEGAL DESCRI~~lON F01' 'l'lEEl WGBT PO'RE'R PORTI"ON OF S~DS!l'ATION NO. 2 E'/.11-16/T C. • 2 That portion ot the southeast quarter of Section 7, Township 23 North, Range 5 East,··:}l,M., city ot Renton, King county, wasnington, more partiadd.arly described a~ follo~s; COMMENCING at an existing monuaent on Park Avenue North shown as P.c. A o+oo on "it.he 'A' Line on Sheet 2 of 5 of the Washington State Department ot Highway Plans for MPSH 1 (SR 405) North Renton lnt:erchange11 as approved April 27, 19651 THENCE N 22•22 1 oan E, 418.34 feat to an existin9 monument $hewn as P.T. A 4+28.JJ Dn said plans; t-THENCE S Jl!J0'23" W, 29112.93 feet to the TRUE POINT OF ~ BEGINNING; "' 'tliENCE N' 8!)"11'59 11 W, 441.00 feet: THENCE N oo•i7'38 11 E, 15 .. 5J fect1 THENCE S 89'32'22" E, J .• z;o feet; TtttUICE N 00'27'38 11 E, 13.!Z.OO feet; THENCE S 89"421 52'1 E, !IOU.SO feat; THENCE S 00"?.?1 :,0 11 W, l~.91 !eet to the TRUE POINT OF BEGINNING, containing 0.14.J acres ('6.,240 square fa.et), more or loss, See attached Exhibit "G-Z ~ritton by; C.A.G. Checked by: R.S.M. 18, l4 O 9-41 Powell Atrclh.lc S.W. 5uil,n 100 Rl!'fl10l1, W~snlnglT;ln, ,SOS$ 1,-,=· =;a~--------------. •. . . ,-.,~ ~- •• • ... ,· . ' ; • EXHIBIT C2. PACI: 2 EXHIBIT ·G" 1U ACCoMP~ I..EllAI. DESCRIPTION FOR THAT PORTION OF SUBSTATION NO. 2 10 BE COINEYm 1U f>UGET POWER I,, PORTION OF TliE SE 1/4 OF SECTION 7, TWP. 2J N .. ROE. 5 E., W,!,/,. CITY OF" ROOON, !<ING COUNTY, W~GTON' / "° tJ (") ,.... D N C' ,.,. -'"/c/c;. txm'INQ T NICH CHAIN LINK fENct Wffii 0V£RHOO BAA8 W1R£ ON A O WID( CONCRETE RE:T.AJNING WAU. AS L0CAT£D ON' 05-23-91 5 Si' 42'~1' E •o.~· /.I,.,' ~ a $,·./.,. N ~ :! ::? ~ " ~ ll cf.-,, ,. '."';, ,-". ~ " ~ N N ...... ,i) 8 b o~~ 0 "' ~ S H'J2'2:t' £ J.50" 1 !U,J' 4-4.00' EXISl"ff[j MOHUMt!NJ', SHOWN AS P.T. A 4,i-28.JJ ON THE '"A• UNE ON' SHEf:T 2 CIF" 5 OF W.S.D.H. PLANS FOR "PSH I (SR 405) NORTH AOOON INTERCHA.NCE" AS ~ N)Rll, 27, 1965 rR\IC POWT OF B!GINNING SCALE: 1" • 50' N 00'2i''J8" =-'-t:::;:;;:::L...!!~:..,k-- N lll9"1l'59"·w ClOS'TiNG UOtfU.UENT, SHOWN AS P.C. A O+oo OH t'H( • A" UNE ON SHEET 2 OF' 5 OF' W.S.D.H. PlNiS FOR "PSH 1 {SR 4(15) NORTH RENTON Me!CHNii;t' AS I I I I HORIZCKTAI. DATUM: OWNERSHIP MAPS BY HORTON O~NIS ANO ·ASSCC\IJ'ES. tlC. ~ 1"'£ BOErNG R£NTOH Pl.Atff FACIUTIES, 90DHC JOB NO. J::.&251l. OAAv«rfC NO. S-0071 OA1ED MAY 12, 1980 (HOA. INC. JOO HO, +4.l90} .APPROVED APRIL 27, 198S JOB NO. 424-10-5110 DAT[ : ~-24-91 DAAWN : CAC • CH£CIG:O: RSM 0RAW1NC N,,V,,1£ : DiH-Q SHE£T I OF' 1 I I ESM inc. ·----.. ---- .,., l'OWtl4 ~ s.w .. S\1111:: 1oa ~~'"°"' ,.._, ru11 UI-.OUI .. ' • f ... i -D • -=:-::'::'it,r;Jn-1 EX!!IBIT C3 1 PAGE 1 RECENED ~JW O 3199\ ESMinc. \ BEC ENGINEER_§_' ~ CIVIL fNCitNHRINC, LANOSV'I.Vl'l', ANPPROJECT MANAC&.t£N1 CONSULTING rlRM Boeing/Renton Easements· ~ob No. 4~~~10-910 May 2, 1991 LEGAL DBSCRIPrION FOR l'OWER LlllE BAS2JQN'1' That portion ot the Horthwest quarter ot section 8, Township 23 North, Ranga 5 Eaat, W.M., City of Renton, King county, Washington, being a 30 toot wide strip of land, lying 15 feet on each side of the following das~ribed centerline: COMMENCING at an existing monuaent on Park Aven~e North shown as P.c, A o+oo on the 'A' Line on Sheet 2 oL 5 of the ~ashington state Department ot Highway Plans for "PSH l (SR 40S) North Renton Intarohe.ngan aa approved April 27, 19651 ~ THENCE N 22•22 1 09n £, 418.34 feet to an existing •onwnent C"") shown as P.T. A 4+28.JJ on said plans: r-,... THENCE N 86"50'43" W, 248.80 fe<tt to a line which bears ~ H 50"44'54 11 E, and the TRUE POINT OF BEGINNING; THENCE N' 39"15'06" W, 29.82 teet 1 more or loss, to the Northwesterly boundary of Parcel I-80 of the Boeing Coia=ercial Airplane ccmpany-Renton Plan Facility, being a line which hears N 49"53'02" E and thtil end o! this centerline description. See attec:had E)(hibit 11 01•. Written by1 C.A.G. Checked by: R.S.M. 18: 132 941 P&M:11 Avenue S.W. Suire 100 Renton, w~1hlns1on, 'Je05S 1206) llS-5628 ~-···-··-··. -·--·---· .• ,• ' • I .. ~ ' • ' ' : l ! ? ' , , ) • E:lOUB!T CJ, PAGE 2 EXHIBIT "D" TO ACCOMPANY LEGAL DESCfflP110N FOR POWER EASMEN!' AT SUBSTATION KO. 1 A. PORTION OF ffiE NW 1/4 OF SECna,f B, TWP, 23 N.. tlGE. 5 t., W.1.1,, crrt OF' REITTON, KING COUNTY, WASH!ffGTON ~ ' POWER FASFlAENT 5' E\CH s:DE Of Nl[J!UN£) CL • N JV" I 5'06'W U.82" " TRUE P-O!NT Of IJ(GJNNINC orJ ",jl / OIS'TlNC 7' H'GH CWJN__/" . / Ut« FINCE WITH 0YERH£AO EWtB WIRE AS LO~TEO ON 04-26-91 HORIZONTAi. OATVM: OWNERSHP W,PS 8Y HORTON DENNlS MO A5SOCIAT£S, INC. FCR IBE aom«:: RENTON PLANT FACium:s, 600NC JOB NO. 3~29J, ORAYNfQ NO. S-0071 CA.TED t.lAY t 2, 1 jBO (HOA. INC, J09 NO. 4'390) OCl5nNC MONUIIEtff, SHOWN AS P.C. A O+oo Off THE .,,,.. UN£ ON :SHUT 2 OF 5 OF' W.S.0.H. PL,tHS FOR •PSH 1 [SR -40:,,} NORTH RENTON fNTEAtHAHGr' ~ APPROVED APRn. 27, 18" oam<c '""'UMEHT, SliO'Ml 1 AS P,T, A -4+28.JJ ON THE; •I( UNE DN SHm 2 OF 5 OF W.S.0.H. Pl..,IJ,r$ FOR '"PSH 1 (SR 405) NORTH ROOOH ffffl:ACHANCE."' AS IJ>PROVtO APRll 27, lie.5 SCALE: 1" • 50' JOB NO, 424'-01-910 DIil[ : OS-02.-91 CRAWN' : C.A.G. CHECKED : RSM OAAWING MME : EXH-A-O SHEET 1 OF 1 I ~!·------ .. , fllOwQ.a, ...,... ..... IUTI: '°' ---"'°"' !:a:cMJ m-.. H I.·.' l .•. -----------.... -'. ., • I . • • • • • l~H/8/T C.·4- Guy Stub Anchor Easement 14 An easement tor guy stub anchoring purposes over, under, and acroso a portion of LOt 4, Block 3, Renton Farm. Acreage as recorded in Voluae 12 ot Plat, on p~ge 37, Records or King county, Washington, more particularly described as !ollcvs1 COMMENCING at the southeast corner of said lot 41 thence North 1•0!5'34 11 EAst a.long the eut line tbareot' 103.60 feet to tha POINT OF BECINNINC t thenoe North aa•54 1 26n West a distance or 18.00 feet, thence. North 1•05 1 34 11 Eaat a distance of 10 .QO taet; thence south 88"54 1 26" East a distance of 18.0o feet to tha east line of said lotr thence south 1·0~1 34" West a distance of 10.00 feat to the fOINT OF BEGINNING. Containing an arlUl of 180 square feet . 91570/4 W,O. No, 9009044 ; --. ~-_;____ t' • I - .. . ' -- N 8TH ST - I I I I --------- t I -i3\.0C'r-:; -.() -£J g 2 z 5 I -I'-- 0 ~ I N CJ" <( ' ... p.,.C'il-'t)',G C ,. z j w r r,..'il-WI I 0 I 6 a:: Rt\'\iOl'I '\ ?../:;1 I ~ <( I c., 'JO'-· ocY.. 7. i3\.: 3 s se'54'26· '\ HtOO' ll I H 01J)S'J4' E3 10.00 ' !! I H B8:ri4':i':6• W 1s.oo s ~ ; - ; ! I 5 fih;t.-f C-</ SCALE ,·-so· RECORD OWN!';R PUGET TOTAL PARCEi. AREA POWER EASEMENT AREA 180± S.F. DATt WO NO: 9009044 PROPER fY MAP -EASEMENT AREA 91570/4 HAMMOND, COLLIER i< WADE -LIVlNGSTONE ASSOCIATES, INC. ' ,. .• ' • I , , ' ... t:Y.IHBIT C.·5 Guy Stul:> and Anchor &ase~ent f5 An easement tor guy stub end anchors over, under, and across a portion ot lot l, BlOCJk J, Renton Farm Acreage as recorded in Volu~• 12 ot Plats on page 37, Record& ot King county, Washington, more particularly described as follows: COMMENCING at the northeast corn~r o~ said let 1: thence South 1•05 1 34• West along the oast line the~eot 48,24 feet to the POINT OF BEGINNING; thence South 95•59106" west a distance of 34.16 feet, thence South 3'00 154" Ea•t a distance ot 10.00 taet1 thence North 86'59 1 06n East a distance of 3J.44 feet to the east line of said lot 11 thence North 1•05134" East along the east line thereof 10,0J feet to the POINT or BEGINNING. Containing an a~ea of JJ8 square !eet. 91570/5 W.O, No, 9009044 • I ... '. '. --... s 89"2.7'2'~ E N 8TH ST . r VACATED bi I I "'1 I VACATED ',--J 1 .. ~1l9·oe· w\ ia.2•·-~ ------..... -- S 03-00'54"' E ·.··,•:,·.·:,·.·. ·-10.03' 1o.t10' N 1!15~9'08" E j ~ 1 JJ.44' ~ il Q " p..C'il.t-p..G't. r t-,.RWI -'° z R't-~,o~ "!>1 ~ :; ,a\..oC¥-'I '2., M I~ '40\..· -~ '}. ,.._ ~ I I 5 £,\..Ql, 4 I Cl' 2 z I L,J I I Cl a:: <( <!) ~ J .• ' ! ; \ • ? ('~~;/,;f C-$-SCAI.! 1"•50' RECORD 01'.NEH PUGET TOTAL PARCEL AREA EASEMENT AREA 338± S.f'. POWER OA"TE WO NO: 9009044 PROPERT'f MAP -EASEMENT AREA 91570/5 HAMMOND, COLLIER I< WADE -Uv1NGSTONE ASSOCIATES, INC, , "" ... ;. .. eXH/'81 T C·~ Guy Stub and Anchor Easement 16 An eaaement for guy stub and anobore eve?", under, and acroa:o a portion of the acutheast quarter of thtt northwaat quarter of section 8, Townahip 23 North, Range 5 East, W,M,, more particularly described as follows; COMMENCING at a point on the south line of said aubdivision at the intoraection ot the northerly extension at the centerline ot Garden Avenue North as shown on the Plat er Renton Fa?'lli Acreaga aa recorded in Volume 12 of Plats, on page 37, Record! of Xing County, Washington; thence South 89'27 1 25N East along the south line of said subdivision 42,00 f•et to the POINT OF BEGlNNilfG: thence North 1•05•:,4 11 Ea1t a distance ot 41.59 feet, thence South ss•s4•26" Ea.st a distance of 10.00 teet1 thence South 1'05 1 34" West a dicta.nee of 41,49 feet to tha south line or said subdivision, thence North s9•47•;a5 11 west along said south line l0,00 fegt to the POINT OF BEGINIIING. Containing nn area ot 415 aquare teat. 91570/6 W,O. No, 9009044 ____________________ _,_,.... ___ . -·-·-·-·--:-o.1.·· ...... "':""~~~'"7":"1'1,.,-.-...,._-._~ -. .. I ... :j ' ; • . . S 88'54'2&-£ PORTION Of SE, NW, 10.00' SEC. 6, T2JN. R5E. WM • o,·w,,· r-....., 4L5t' l..v S Ol"OS'J4• W •.•• 41.<$i' ,',• .·.· ... -12.00· •:,·. .·, 10,00,..... - I J;i I N 8TH ST s HEZ!i" E: . I I 0 I I I .., ~ VACATED JO' JO' -------~ ---- ~ 1 ~ i5 "' ?,t.p..Gt. -r ,._t1.w. ,._c -n -n z ?-€.~~0~ 11 0 (") -I~ 0\.. \7.1 b I I " e\..oF',(. i N <( 5 4 (1' 2 I I z I w a a:: <( (!) J ~.,,.1,,£,-t C-C, SCALE 1"a50' RECORD OWNER PUGET TOT AL PARCEL AREA EASEMENT AREA 415:1: S.F. POWER OATE WO NO: 9009044 PROPERTY MAP -EASEMENT AREA 91570/6 HAMMOND, COUlER & WADE -LIVINCSTONE ASSOCIATES INC, ., ' ' • . . I ... • €.'Aft/ /JI T C.-7 Power Pola and ~rana~i11ion Line Eaaeuent 17 An easement for power pole and transmission line over, under, and across a portion Of the Southeut quarter of the lfortbwest quartei-of Section 8, Township ~3 North, Ranges East, w.M., more particularly described as tallows: BEGINNING at a point on the south line of said subdivision at the eaut margin of Garden Avenue North, formerly known es Garden Street; thence North o·J6'0711 £ast along !Ja.id east margin 253.26 teat to a point of curve to the I•ft of said east •argin; thence North a2•07 1 34• East a distAnce of 18,18 fe1t1 thence South 7'52 1 26" East a distance of 258.68 taat to tne south line of said aul>divieion1 thence North 99•21 1 25" West along said south line 56,11 feet to the POINT OF BEGINNING, containing an area ot 9,445 square feet. 91570/7 W.o. No. 9009044 I i I --~ ------.,--..-..... , ... ,., •. ,,,..,~.,., ...... _..-,..._ .. ',;;.; · .. ·· • I .. . .. . . -N 82"07'34• E ~. 18.18' 3 .. ·.·:. Ill PORTION OF SE, NW, 1 SEC. B. T2JN, R5E, WM ... il ~ -I l,. "' "" I 0 ~ ~ ~· ::~ 8 -z ... ..... •:• Cl\ 0 N JO' JO' C7' ..... ----N 8TH ST g :,a,u ' --S 88"21?5. _! ' VACATED ..J-, b I ..J-, ,_, I "' ' ""' '1" --------· ----------· 1----=:.---~ ---- 1 -z ~ 5 4 3 £. 2 2 ...; r,,.c~t~G I 'Z ' I I I W, I I I •w I I f,P,,~ /:>1 I I ' -0 ~ttf10~ "Q\..• ''2. 11'.: ...; t!l J 2 6 7 B 9 10 - I f: ,A. t, c/ C -'7 SCALE 1•a100· RECORD OWNER PUtlET TOTAL PARCEL AREA EASEMENT AREA 9,<1ss:1c s.r. POWER DATE WO NO: 9009044 PROPERTY MAP -EASEMENT AREA 91570/7 HAMMOND, COLLER & WADE -U\/INOSTONE ASSOCIATES, INC. ' ' .• ' • . . I = HAMMOND, COl.UER II< WADE -LIV1rlGST0NE ASSOCIATES, INC, CONSULTING ENGtNEEAS Boeing/Renton Easements w.o. 9009014 April 24, 1992 c~l+I BIT C.-8 LEGAL DESCRIPl'ION FOR PUGET POWER LINE, SHUFFLETON STEAM PLANT PROPERTY TO BOEING t2 SUBSTATION VIA LOGAN AVENUE THAT PORTION OF THE NOI\THWEST Ql!AR'l'ER OF SECTION 8 AND THE EAST HALF ~ OF SECTION 7 ALL IN TOWNSHIP 2:3 NOR'l'H, RANGE 5 EAS'r, W.M., CITY" OP 0 RENTON, :KING COUNTY, WASHINGTON, KORB PARTICULARLY DESCRIBED AS M FOLLOWS: $?, A 50 FOOT STRIP OF LAND BEING 25 FEET ON EACJI SIDE OF THE FOLLOWING '' DESCRIBED CENTSRLINE1 1.7"' BEGINNING AT A POIN'l' ON THE BOUNDARY LINE BETWEEN TllE BOEING COMPANY AND PUGET SOUND POWER AND LIGll'l' COMPANY I (AS ESTABLISHED BY RENTON LOT LINE ADJUSTMENT 004-88 1U' NO, 8808309006 VOLUIIE 62, PAGE 143); DISTANT JO. n PHET NOR'rll 14' 36' 26" WEST FRON 'l'l!E NORTHWESTERLY MARGIN OF THE AIIAl<DONl!D BURLINGTON NORTHERN RAILWAY RIGHT-OF-WAYt THENCE SOU't'H ,1°06 1 5ltt WEST 405,46 FEl'T; 'l"HENCB SOUTH 40"39'41 11 NEST 745.15 FEET1 THENCE SOUTH 0·2~1'4BR WEST 699,24 FZ:ET TO AN INTERSECTION WITH THE EASTERLY MARGIN OF LOGAN AVENUEI THENCE CONTINUING SOUTH 0•22'48" WEST 12,44 FEET '.l'Q THE EAST NEST CENTERLINE OF SAlD SECTION 7 DISTANT 71,15 FEET SOUTR 89"52'15" WEST FROM THE EAST QUARTER CORNER OF SAID SECTION 7 AND DISTANT 0, 32 FEET SOUTQ 59•s2 1 1s• WE'S'r FROM THE EAST MARGIN OF LOGAN AV'ENOE WHICH IS THE SAME AS THE WEST IIARGIN OP SAID ABANDONED BORLIIIG'.l'QN NORTHERN RAIIMAY RIGHT-OF-IIAYI TH!NCE CONTINUING SOUTH 0·22'48" HE.ST 525.59 FEET TO AN ANGLE POINT DISTANT 1. 99 PEET NEST OF TllE l!AST MARGIN OF LOGAN AVENUE; TH&NCE SOUTH 4•0,•44• WEST 200.40 FEETt THENCE :NORTH 99•00•26 11 WEST 8L40 FEE'1' TO A POINT ON 'tHE EAST LINE OP BOl?ING 12 SUBSTATION DISTANT 124.50 FEET NORTH OF THE SOUTHEAST CORNER OF SAID SUBSTATION SITE AND TERM!NUS OF THIS CENTERLINE DESCRIPTION, EXCEPT ANY PORTION OF SAID 50 FOOT STRIP LYING IIITHIN THE LOCAN AVENllll RIGHT-OF-WAY. !XPlft!.S IQIJ / (:,l ,Wl)ll(l ll!i\rtOlNl \IO( I ~.l>Qt ·········-~---J. . . • I 50' 90' RECORD O'hNER TOTAL PARCEL AREA EASEMENT AREA DATE 4-24-92 7 :i. !!I < ~ I 11 1 11 ABANDONED 8.N.R.R. CO. 100 R.O.W. 2649.51 S89'JD'J2"E 1-0 POWER LINE ALillNMENT LINE DIRECTION I DISTANCE 1 N51'08'51"E 405.48 2 N40'39'41"E 745.15 3 S00'22' 48"W 1237.27 4 N04'06'4-4"E 200.40 5 S89'00'26"E 81.40 TWP. 23N., R.5E.,W.M. 1'" ""' 300' BOEING COMPANY N/A N/A PROPERTY MAP -EASEMENT AREA WO NO: 9008014 HAMMOND, COLLIER & WADE -U\'1N0STONE ASSOCIA1ES, INC, ------' ... ===----------------·----~--,--_-.~~ .. -. '· ,~ ... ,.":':·.".!°i""":1'"7:•-;',_~' ,· . -_. ..• .. .. - EASEMENT OF OVERHEAD TRANSMISSION ANO UNDERGROUND FACILITES EXHIBii' C~9 E:xcept as may be othQ't'Wise CQt forth hor•in Grantee 1 s right shall be exercisad upon that portion of the Prcpexty described as fallow: That po~ion of the south•ast 1/4 of s,ction 7, Township 23N., Range 5 BWM., City ot Renton, Xing CoUnty, Woabinqton, being a portion of Govern~ent Lot 2 of Court Co1111issionera Plat as lying between the Burlington Northam Rail Road on the west, Park Ave N.on the east; and Lake Washington Blvd. en the north. Granter grants A right ot way Teri (10) feet in widt~ having Five (5) feet of width on each aide gf a ~enterlina describe~ as folloWII: ..n Beginning at the Jaost Northerly property coner ot the above daacribed g property, thence Southwesterly along the westerly property line theraof 400 fast; thence Easterly at a right 4ngle to said Westerly line to the Northerly margin of Park Ave. N.: thenCQ Northerly along aaid margin to tbe intersection of Garden Ava. N.; thence Northe~ly ~ along the North px-operty line thereof to th-e point ct beginning'. (l' 1·· ' . ' • ··. •,. ~ •----------------,-------":I'---,-~-,-,,.~ ........... _._." .. ~ ..... -----...-./.£"./:·,;·:_ • - ! £XJIHJ/T C·Cf s-~ -.,...,--~ CDH)1.111 (~I I ~'l ID 111sr Af ,,..~'IG r~!Ull[D IT ~0 ll(lf ~~-1ali10 QJ'J~.TO fDll Wt M ri / 1 .. .. ... ""'-· 00 lfS3 -- ' = ' \/ ' ,zr P~Ri AVf N, .. .. RECblillll'lG REQUESTED BY AND .WHENRECORDED MAIL TO: Douglas W. Ariderson,Esq. Banick Ferrazzano Kirschbaum Perlman &Nagelberg LLP. ·.. i i . 333 W: Wacker Drive, Suite'2700 / Chicago, 1llinois 60606 · ·· ··. lllilll~lllllfflll 20050401000761 FIRST AMERICAN OT 84.00 PAGE001 OF 026 ·04101 /2005 11: 38 i KING COUNTY, WA [SPACE ABOVE UNEFO!l. RECOMER'S us~ ONLYJ Document Title: Deed of Trust, Assignment, !,ec:urity Agreim~nt and Fixture Filing Grantor: Transwestem Harvest !-,akeshore, L'.L.C ... ·· ~ / s;-O 5::;; 3 Grantee.. . . . Bank of Amenca, N.A. ·. ~.· 1. ST· .. AM. . Legal De~cription: .. · . · ... Abbre~illted Legal Description: Lots J, 2, 3.and.4, Boeing Liikeshote Landing, BSP Recorctirig No. 20041223000856 · · · · · · · · FullLegal Description: See Exhibit A attached . •. .•· . ·· • . · .· Assessor's Tax Parcel Nos.: 082305-9220-05, 082305-9221-04, 082305-90H-08; 082305- . 9222-03t082305-9079-07, 082305-9204-05, 082305-9037-08, and 082305-9i52-07 Reference Nos. of D,:icum~nts Released or Assigned: Not applicable . . . . This D9c.t1rpet1t Serve~ as a Fixtm:eFihng Under the Washington Uniform Commercial Code. Debtor's Organizational Idet1tlfica\i0n Number: 3901152 . . .,· .-,• . DEEDOF TRUST, ASSIGNMENT, SECURITY AG~EMENT ANDFIXTPRE FILING This Deed of Trust, Assi;ment, Security Agreemef.11 and Fixlwe Filing (this "Deed of Trust") is made as of March 30, 2005, \ly TRANSWESTERN HARVEST LAKES HORE, L.L.C., a Delaware limited liability company ("Grantot"), whose address is 150 N. Wacker Drive, Suite 800, Chicago, Illinois 60606, as igrantor, in fav9r of PRLAP, INC., a Washington corporation ("Initial Trustee"), whose address is P.O. Btix 2240, Brea, CA 92822, as trustee, for the benefit of BANK OF AM)i;RICA; N.A.; a n;i.tional banking association (together with any and all of its successors, participants and assigris, "Lender'.'), whose address is 231 S. LaSalle, Chicago, Illinois 60697, as beneficiary. · · · 217985_5.DOC . j, RECITALS i .. ' Gra11tor has requested that Lender make the Loan (as hereinafter defined) to Gran tor. ."As a c,0nditio11 precedent to making the Loan, Lender has required that Grantor execute and · ckliv¢r this Deed of-Trust, Assignment, Security Agreement and Fixture Filing to Trustee and Lender. · " · /GRANTS AND AGREEl\'.IENTS ·• . ····, ... _. ·· · Now, thereJ0;e, jfi odier to i6duce ~rctel to.make the Loan to Gran tor, Grantor agrees as follows: · · · }f\rticle I Defin/tiop,s . , . . . : .- As used in this Deed ofTrust, the terms defined in the Pieamble hereto shall have the respective meanings specified theiein, aJJdihe f'ollov,,ing additional terms shall have the meanings specified: "Accessories" means all fixtures, equipment; systerrts, ~achh1ery, • furiiiture, furnishings, appliances, inventory, goods, building. and. construction.:rnaterials, supplies and other itrticles .of personal property, of every kind ai\d character,_ tangible ruid intangible (including software embedded therein), now owned or heteafter ~cqu.ited by Grantor, which are now Of hereafter attached to or situated in, on or about the Land or Improvemc.mts, or used in /or necessary to th~ .. complete and proper planning, development, use, occupancy or operatiqn thereof, or acquired (whether delivered to the Land or storedieL,ewhere) for use or in~tallatloii. in c;,t on the ,Land or Improvements, and all Additions to the, foregoing, all of which are hereby declared to be permanent accessions to the Land. · ''.4-~counts" l'fl,eilns all ac:~~nts 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 f>rop~r.tf or fo,services,remlered therein or thereon. "Additions" means any a:rtdalJ alte;ations, ad(!jtions, accessions and improvements to property, substitutions therefor,and_renewals and.replacetrierits thereof_ "Beneficiary" means Lender arid its ~i:ltcessors anda~signs: "Boeing Work" means that demoliti~~.andi,-emediation and Qtherwork undertaken by Boeing pursuant to (i) that certain Agreement of Purchase iind: Sale .arid' Joint Escrow Instructions dated as of November 23, 2004, betwetn Borrower and The Boeing Coip.pany, as supplemented by Supplemental Agreement of Purchil.se .· and Sale and Joint Escrow Instructions Agreement dated as of November 23, 2004, and. (ii) that certain I)etriolition Agreement dated as of December 28, 2004 between Borrower and'fheBoeing.,Company_ .. .... ·. ,• .,,·, 2n9B5_5.DOC -2- : : . "Claim" means any liability, suit, action, claim, demand, loss, expense, penalty, fine, judgrhent or other cost of any kind or nature whatsoever, including fees, costs and expenses of iittoineys; consultants, contractors and experts. ·: ;,'c;ondemnaJ\on" means any taking of title to, use of, or any other interest in the Property.under. tile exercise of the. power of condemnation or eminent domain, whether / temporarily or peTIIll\llently, pyiany Governmental Authority or by any other Person acting . u!ider or for the be'iiefit ofa Governmental AHthority . . "Condernri.atio~ AWards''')n.ban~ .}in{ apd all judgments, awards of damages (including severance arid conseqiie(itial d:iqiages)ipayments, proceeds, settlements, amounts paid for a taking irr'licu of Condemnation, or bther 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 Conde,mnation. · "Contract of Sale" means atiy contract.for ti.le sale of aU or any part of the Property or any interest therein, whether now iti existence or hereafter tixecute<l. "Dee(! of Trust" means this Deed of 1'mst, Assignment, S~c~rity Agreement and Fixture Filing;· .lls the same may from tii'ne to time· be extehd\)<l;• ·.amended;· re,stated, supplemented or otherwise modified. · .:Dcf~~lf' means an event or circumstance whick with.the gi;i~g ofNo6ce or lapse of time, or both, would constitute an Event of Default under the ptovisions of ihis 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 fo the development of the Land o{ the coristi:uction or repair of Improvements, including all igreements with architects,_.erigineers or contractors· for such services, work or materials; (b) all plans, drawings and specifo::a\jons fqr the development of the Land or the construction or repair of Improvements; (c) all'perrµhs, lic.enses, variances and other rights or approvals issued by or obtained from ah.,: G9ven\mental Authority' .or other Person in connection with the development of the Land or (he construction or wpair of Improvements; and (d) all amendments of or supplements to arty of the foregqing ... ·. . . . "Encumbrance" means anytien, ea~emi,nt, righf of way, roadway (public or private), condominium regime, cooperative housing regimeO condition, .. covenant or restriction (including any CC&Rs in connection with.,any condominium development or cooperative housing development), Lease or other matter of ariy nature thaf would affect title to the Property. · •. .. · · .. .. . "Environmental Agreement" means the En v1{onrriental Indem~ificatiqn and Release Agreement of even date herewith by and between Gran tor and Le~der pertaining to \fie Property, as the same may from time to time be extended, arrien~d; restat<,d oi;otherwise 2779!5_5.0CX: -3- ·. modified. The Environmental Agreement is one of the Loan Documents, but this Deed of Trusfd6es not secure the obligations of Grantor under the Environmental Agreement. . _,,~vent of Default" means an event or circumstance specified in Article VI and the c!'mtinuance of' suc.h. s,vent or circumstance beyond the applicable grace and/or cure periods therefor,jf any,.sei forth i_n Article VI, . . "E;s:pe~ses"-~ean_s ~r\"·fee&,.ll1arg~s, costs and expenses of any nature whatsoever iricuq-ed .at any time.and f6m time. to t.ifue '(v,,hether before or after an Event of Default) by Beneficiary• .. or Iruste'i in makiJ'ig;· fun\;liµ'g,/administering or modifying the Loan, in negotiating or enterin/t into any·"v,,orkout,'' of.tl}e Loan, or in exercising or enforcing any rights, powers and·· remedies provided i.ri this Deed of Trust or any of the other Loan Documents, including reasonable aitorneys'fees; court costs, receiver's fees, management fees and costs incurred in the repairimaintel}ance and-·operation of, or. taking possession of, or selling, the Property. · · · ·· · "Governmental Authority" means any gb~ernmental ot quasi-governmental entity, including any court, department, comtni.ssion, board, bureau, agency, administration, service, district oqlther instrumentality of any goverii.mentalentity/ · · · . . -· . . ?Guara~tor" means, Aslan Realty Partrie:rs rr; LP., arid its succ~ssors and assigns . . · "Gua~anty" means the Guaranty Agreement of ev¢n date herewith ex~cuted by Gwiantof for the benefit of Lender, as the same may from time to time l)e extended, amended, res\ated,suppJ~mented or otherwise modified. . "hnproyelllent( means all on-site improvements located on the Land, together with all fixtures, a1,1d appui:tenances 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 demolish(!(!; itbe,ing t)te intention of Borrower to develop the Project. ··. _.· . . . "Insuran.ct.f',:<>ce~s·" m'eans the-insurnnce 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 respecfto .iny insurance relating to such Property, in each case whether now or hereafter existing or. arising ... ' ····, .. ,.:•' ·• . "Land" means the real property desctil:iedfo Exhibit A attached hereto and made a part hereof. · "Laws" means all federal, state and localla~s, statutes, rules, ordmatices, regulations, codes, licenses, authorizations, decisions, injunctions; interpretations, orders oqiecrees of any court or other Governmental Authority having jurisdictiofr as ma;y b¢ in effect.from tinieto time. ::i:779&5_5.DOC ... . .. "Leases" means all leases, license agreements and other occupancy or use agreements (wheth~toral or written), now or hereafter existing, which cover or relate to the Property or any partdhereof, together with all options therefor, amendments thereto and renewals, /modifications and guaranties thereof, including any cash or security deposited under the Leases to. secure penormance by the tenants of their obligations under the Leases, whether such' cas~ or seecirity is to be hel~luntil the expiration of the terms of the Leases or applied to oni; or more of the installinen\~.of rent,toming due thereunder. . ' . . . . <,,Lien" meal)s any wortga¥e,deed .<tf ,trust, pledge, security interest, assignment, judgment, lien or charge ofan)'.191)d, inc!udlIJ1; any conditional sale or other title retention agreement, and the r,µrig qf, o~agreemen\tp give/any financing statement under the Uniform Commercial Code.of anyjurisdiction. · · "Loan" means the Joan fromiBen;ficiary to Grantor, connection with which areevidencedbythe Note. · tl,e ,ppayment obligations in •' : _. ,.··: "Loan Agreement" means thy Term Loan.Agreement oreven date herewith between Grantor and Lender which sets forth, among other things, the tepn~·and conditions upon which the proceeds of the Loan will be dis1:iursed, as the same rpay frorrt time u:itime be extended,amended, restated, supplemented or otherwise modified, . . •". . ·. .,.. .,· .. . ... ;,Lo,u, Do~uments" means this Deed of Tr!l~t, the Note, the Guaranty, the Environmental Agr~ement, the Loan Agreement, any Swap Contract, any appiication or reimbursement agreement executed in connection with any Let(er o( Credit, and any and all other documents Whi~h Grantor, Guarantor or any other party or'"parties have executed and delivered,. or may hereafter execute and deliver, to evidence, secure or guarantee the ObJigatio~s, or any part tl:lereof, as the same may from time to time be extended, amended, restate\!; ~~pplemented or.othruwi~e mqdified, "Note" mearis .. tfie Bfomissory Note of even date herewith in the original principal amount of Thirtffy{illion and NolioO Dollars ($30,000,000) made by Grantor to the order of Lender, as the sami:'ma{from tiine to tiine,be extended, amended, restated, supplemented or otherwise modified. · . . "Notice" means a notite,Jeqbest, co:nsent, demand or.other communication given in accordance with the provisions of Section 9,8pfthisDeed ofTrust: "Obligations" means all present and future d~bts, o~ligation;· and liabilities of Grantor to Beneficiary and/or Trustee arising pursuant to, and/of on account of, the provisions of this Deed of Trust, the Note or any of the other Loan Documents, including the obligations: (a) to pay all principal, interest, late charges, prepayment premiums (1f any) and oll)er amounts due at any time under the Note; (b) to pay all Expenses, indemnification payment~, fees and oiher amounts due at any time under this Deed of Trust or any ofthe other Loan p6cuments, together with interest thereon as herein or therein provided; (c) to pay and perform all Z77985_S.DOC .5. · obligaJ;ions of Grantor under any Swap Contract; (d) to perform, observe and comply with all ofthi dtber terms, covenants and conditions, expressed or implied, which Grantor is required 0 perfomi, 61,serve or comply with pursuant to this Deed of Trust or any of the other Loan /b6cuI1.1ents; and (e) to pay and perform all future advances and other obligations that Grantor or any sU<;cessor il).-ownership of all or part of the Property may agree to pay and/or perform (whetheras prtnfipal, surety or.guarantor) for the benefit of Beneficiary, when a writing evidences the parti.es' agreenw9f that/he advance or obligation be secured by this Deed of Trust; ·excluding;' however,' the debts, oh)igations and liabilities of Grantor under the Environmental Agreement. Thi$, petd of· Jrust does not secure the Environmental Agreem6nt, the Guanyity br aqy°;biher Loan I>ocument that is expressly stated to be unsecured. · ·-:-·· , .,."' "Permitted Encumbrances" mems(a) any matters set forth in any policy of title insurance issued to Berteficiary and insuring Beneficiary's interest iJJ the Property which are acceptable to Beneficiary as of the date hereof, (b) the Liens ~ndjnterests of this Deed of Trust, (c) any other Encumbranc(l that Beheficiacy shall expressly approve in its sole and absolute discretion, as evidenced by a "milrked-up" cdm/fiitµicnffor title insurance initialed on behalf of Beneficiary; (d) any rights'The B9eing CompanYmayhave to enterpnto the Land and to perform the Boeing Work; and (e) 'U;ases entered {nto by Borrower that are otherwise permitted by the Loan Documents. · · · · · · :'Ped·()~" ~eans an individual, a corporation, a paiinership, a joint venture, a limited liability cornpa\iy, aJrust, an unincorporated association, any Government;.tl Authority or any oth¢i-entity. · --· ;,Personalty"~~~ns all personal property of any kind or nature v,,hatsoever, whether iimgible o~ int~rigible ~nd whether now owned or hereafter acquired, in wh_ich Grantor now has or hereafter -acqµires an lnteri:st and which is used in the construction of, or is placed upon, otis" derived' from. or used in connection with the maintenance, use, occupancy or enjoyment of, the Property,,;including (a}lhe Accessories; (b) the Accounts; (c) all franchise, license, management or other agreeme11ts With respect to the operation of the Real Property or the business conducted therein {provided a)l of sue!) agreements shall be subordinate to this Deed of Trust, and Beneficiary\)1,aH have i10 responsibility for the performance of Grantor's _ obligations thereunder) artq all general . intangibles (including payment intangibles, trademarks, trade names, goodWiU,·SOftwareandsymbols) related to the Real Property or the operation thereof; (d) all sewer and water.taps, appurtenant wa\er stock or water rights, allocations and agreements for utilities, bonds, letters bf credit, permits; certificates, licenses, guaranties, warranties, causes of action, jtldg\nents, Claims, profits, security deposits, utility deposits, and all rebates or refunds of fees, Ta~es, ass,essments; charges or depc,sits paid to any Governmental Authority related to the Real Proi,erty or the operation thereof; (e) all insurance policies held by Grantor with respect to the PropertYor Gra~tQr's oper~tion 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 <iepositatc:ounts of Gran tor with Beneficiary related to the Property, including any such deposit accolmt ftO[Il 2779l!..5_5.D0C -6- · whifh{]rantor may from time to time authorize Beneficiary to debit and/or credit payments du~ with respect to the Loan; together with all Additions to and Proceeds of all of the foregoir.ig: .. · "Proceeds" when used with respect to any of the Property, means all proceeds of such Property; includirig an Insurance p,ofeeds and all other proceeds within the meaning of that .·· term as defined in the.Unifoilll Comm¢rcial Code of the State. . .-·• ' :-,• . ' •."••,•' _, uProperJ:, means the Real~;operty and the Personalty and all other rights, interests and benefits-Of every kipd apd charai;tef wtii<;:h Ofantor now has or hereafter acquires in, to or for the benefit of the Real Propeh.i and/br theJ'ersonalty and all other property and rights used or usefui in. ccinnection,'therewith, itw!U(Jing all Leases, all Rents, all Condemnation Awards, all Proceeds, and all of Granrot's right, title and interest in and to all Design and Construction Contracts; ancl all cbntratts pf Sale. "Property Assessments" means ail Taxe~,· paym~nts in lieu of taxes, water rents, sewer rents, assessments, condoffiini.Um and owiler's associ11tioi1 assessments and charges, maintenance charges and other goverilmehtal or municip1! or publi~ or,.pri vate dues, charges and levies and. any Liens (including federal tax liens)y,hich are or may belevied, i!Tlp05ed Of assessed upon the. Property or any part thereof, or 4pon an/ Leases or any Renti;, whether levied directly or indirectly or as excise taxes, as'ihcometax<::s, otothetwise .. · : . : •' . · "Real Property" means the Land and Improvements, togetherwith (a) itll e;states, title interests, .title reversion rights, remainders, increases, issues, profits, tights of way or uses, addition( accretions, servitudes, strips, gaps, gores, liberties, privileges, water rights, water c6urses,. alleys, pas·sages, ways, vaults, licenses, tenements, franchises, . hereditaments, appurtenances,.6asemeµts, rights-of-way, rights of ingress or egress, parking rights, timber, crops,.rnineral'interests and other tjghts, now or hereafter owned by Grantor and belonging or appertafofiig to the Land·or Improvements; (b) all Claims whatsoever of Grantor with respect to the Land or IJJiprovd:nenfs; either in law or in equity, in possession or in expectancy; and (c) all estate, right, title andfoterest of Gtant<ir in and to all streets, roads and public places, opened or proposed,.no,,>'or.hereafter adjoining or appertaining to the Land or Improvements. "Rents" means all of the ;~iits, royalties,Jssues, profits, revenues, earnings, income and other benefits of the Propi:,ny/or arising from :ihe' uso .or enjoyment of the Property, including all such amounts paid under 9r aristrig from any of the uases and all fees, charges, accounts or other payments for the use 6r ocq1pancy of rooms or other public facilities within the Real Property, · "State" means the state in which the Land is)ocilted. "Swap Contract" means any agreement relating t6 i,ny transaction that~ a rate. swap, basis swap, forward rate transaction, commodity swap, commcidity option. equity or equity index swap or option, bond, note or bill option, interest rate opti611,forwardforeigil excl)a1.1ge 277985_5.DOC .7. tra1faaction, 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 iiitothe:.foregoing) or any combination of the foregoing, and, unless the context otherwise /dearly ri:quires, any form of master agreement published by the International Swaps and Deriyatives Assoc;iation, Inc., or any other master agreement, entered into between Beneficiary (or its affiliate) and Grant()r (or its affiliate) in connection with the Loan, together .··· with any related &ehedul\'S ~n,-! confirmations, as amended, supplemented, superseded or replaced from time: toAime, relating 1-0 or goyeming any or all of the foregoing, but only if the Swap Contract i:i eviden&d,by a wi:iting'recitii\g that it is secured by this Deed of Trust. · ... :: •' ·_'. :' _.. :· .' ·'.' ''"< .,' :, ', "Taxes0 means· all taxes··ahd assessm'e!lts, whether general or special, ordinary or extraordinary, or..fo~es~n or unfores;,eri', .\vhich at any time may be assessed, levied, confirmed or imposed by any Go\/emmehtal Authority or any community facilities or other private district on Graritoroi-on atiy of its prnperties 'br assets or any part thereof or in respect of any of its franchises, businesses, i,ncome ot profits. "Transfer" means any dlfec(..or indirect -~·ale; ~ssignm6tlt, conveyance or transfer, whether made voluntarily or by operation of Law or otherwise: ai,d·whether made with or without consideration. . . . .. . . ..· . .· _. :. . .· ,• ?Trustee'; means the Initial Trustee oriis 'SUC~essor jn trtisfwho may be acting under and pursuant to, thisDeed 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· perfo,marice .of the Obligations, Grantor (a) hereby irrevocably and unconditionally grariis, conveys, transfers and assigns to Trustee, in trust, for the benefit of Beneficiary, with pow.er oL'sale an<j right of entry and possession, all estate, right, title and interest that Grantor now.Jias' or n\ay]ater acquire in and to the Real Property; (b) grants to Beneficiary a seciirity..iriterest fo the Personalfy; (c) assigns to Beneficiary, and grants to Beneficiary a security interest in, ~ll Conc!eillllation Awards and all Insurance Proceeds; and (d) assigns to Beneficiary, and grant~ to Beneficiary a security interest in, all of Grantor's right, title and interest in, but npt, ~y of Grantor's obligatioµs or]jabilities under, all Design and Construction Documents, and all C6ntn¢\s.pf Sale. All Persons who may have or acquire an interest in all or any part of the PriJperty .. will be deemecl to have nptice of, and will be bound by, the terms of the Obligations arii;l eaeh other agreement or instrument made or entered into in connection with each of the Obligations. Such terms lnclude ,;;my provisions in the Note, the Loan Agreement or any Swap Contract i\,hid\ prtivict,; thatclie interest rate on one or more of the Obligations may vary from time to tim~, · · 27798S_S.DOC -8- . .. 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 inaking of the Loan byBeneficiary. . .tp Grantor and other good and valuable consideration, the i receipt and iufficiency oL which :are hereby acknowledged, Grantor absolutely and ·unconditionally as·sigtis the. Leases•imd R,~nts to Beneficiary. This assignment is, and is intendedfo pe, art uryconditic;mal, ab~oll.[ti and pr,;,sent assignment from Grantor to Beneficiary of all of Grantor's right, title at1d iriierest . .jn and. to the Leases and the Rents and not an assignment in the natJJte ci a pledgr of th() Leases and Rents or the mere grant of a security interest thereiri'.',so· long as rfo Event ofD.efault shall exist, however, Grantor shall have a license (which license shall ienniriate autornatjcally and without notice upon the occurrence of an Event of Default) tocollect, but riotprior to,accruaJ, all Renis_ .Gran tor agrees to collect and hold all Rents in trust for Beneficiary an<l to use the 'Rents for ~he payment of the cost of developing, operating and maintaining the Property and for.the payment of the other Obligations before using the Rents forany•other purpose", · Secifon 2.3 Security Agreement, Fixture Filing and Fil!ancing StatemeriL This Deed of Trust creates a security interest in the l'ersonaity; and, to the·extent the Personalty is not real property, this Deed of Trust constitutes. a security·'agree'rhefn from Gran tor to Beneficiary. urtder the Uniform Commercial Code of the State. In addition to all qf its other rights under this Deed of Trust and otherwise, Beneficiary shall have al/ of.the. rights of a secured party undei the Uniform Commercial Code of the State.,. as in effect from time to til.fle, or und91' the, Uniform Commercial Code in force from time to tirn.e inany other state to \he extenphe same is applicable Law. This Deed of Trust shall be effective as a financing statement filed. :is a filj.tun, filing with respect to all fixtures included within .the Property and is to beJil~9, for record inthefoal estat~ records of each county where any part of the Property (including such fixtqresns situated. Thi~ Deed of Trust shall also be effective as a financing statement with respect'io arty other Property as to which a security interest may be perfected by the filing of a financ,in'g stat~inen\ and may be filed as such in any appropriate filing or recording office. The·respective mailing"a<ldresses of.Grantor and Beneficiary are set forth in the opening paragraph of this Deect·of Trust. A carbon,photographic or other reproduction of this Deed of Trust or any oth~r finljflcing statement relating to this Deed of Trust shall be sufficient as a financing staterrienH6r any of the. purposes referred to in this Section. Grantor hereby irrevocably authorizes Beneficiary aiany til)\e and from tim~.to time to file any initial financing statements, amendments thereto. and ,tontinu.ation statements as authorized by applicable Law, reasonably required by Beriefidary to establish" Qr maintain the validity, perfection and priority of the security interests gtanted iri 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 ohhe 01:/ligation~. Trustee, upon request by Beneficiary, will provide a reconveyance. of theiPrc;,perty from ihe lien of this Deed of Trust and termination statements for filed financing staie'rnents, if an'y'. to 277985_5.DOC -9- · Graht()r. Grantor shall be responsible for the recordation of such reconveyance and the paymenl()f any recording and filing costs. Upon the recording of such reconveyance and the filin'g of.such termination statements, the absolute assignments set forth in Section 2.2 shall ,automatically terminate and become null and void. Article III _Rfpre;<.jntations and Warranties Gran(or make; thefollowirrg·;:presentlltions and wan·anties to Beneficiary: . . . . . . ., . Section 3.1 Title to Reai/Prope4y·. Gr~htor (a) owns fee simple title to the Real Property, (b) ownraHofthe beneficial and eql.litable interest in and to the Real Property, and (c) is lawfully seized and possessed ofthe ).l:eaLProperty. Grantor has the right and authority to convey the Real Property and ,loeshereby conv~y-ths,Real Property with general warranty. The Real Property is subj&:t to nil Encumbrances other than the l?errjiitted Encumbrances. . . . . Section 3.2 Title to Other Property. Gr~nt~r has good title to the Personalty, and the Personalty is not subject to any Ei.i~umbrance other'thil.n the f'.erroitted Encumbrances. None of the-!.£ases, Rents, Design and Constmctiou Documents,.imd Cdntracts of Sale are subject to any Encumbrance other than the Permitted Ertc\lillbrances, · · · Section 3.3 ·. Property Assessments. The Rea;!· Property is _assesse(j for purposes of Property Assessments as a separate and distinct parcel fr()fu ally oth~r property, such that the Reaf Property shalLnever 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, tim~ being of)he:esseridi in each case. Section 4.2 ' .Property Assessments; Dbcuni:eptary Taxes. Grantor (a) will promptly pay in full and discharge alt Property Assessments; and (!?) will furnish to Beneficiary, upon demand, the receipted bills for sucl).,Pr9perty Assessme.nts )?rior to the day upon which the same shall become delinquent. Property As~essments shall be considered delinquent as of the first day any interest or penalty comm~nces i6accrtie .thereon. Gr,wtorwill 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 withwspect to the Loan,the Note, thi§_Deed of Trust or any of the other Loan Documents. · · · Section 4.3 Pennitted Contests. Gran tor shall not be required to• p~y any of the Property Assessments, or to comply with any Law, so long as Grimtor shall in good faith, a\1d at its cost and expense, contest the amount or validity thereof, or tal.e othei ~ppr6priii.te a~~on with respect thereto, in good faith and in an appropriate manner or by appropria!e 2?7985_5.DOC -10- •. ·. proceedings; provided that (a) such proceedings operate to prevent the collection of, or other realiziitibn upon, such Property Assessments or enforcement of the Law so contested, (b) the,e will be no sale, forfeiture or loss of the Property during the contest, (c) neither .Beneficifl.fy ncir Trustee is subjected to any Claim as a result of such contest, and (d) Grantor · provi<:les ~ssurances-satisfactory to Beneficiary (including the establishment of an appropriate reserve account.With Beneficiary) of.jts ability to pay such Property Assessments or comply with such Law in the evetrt G:i:il!lior idmsuccessful in its contest Each such contest shall be . promptly prosecuted tb finaV~oncl11sion or.:;ettlement, and Grantor shall indemnify and save Beneficiaiy and Trustee ~ainlless against all Claims in connection therewith_ Promptly after the settlement or ooncl11sionof sµth contest,br· acµon, Gran tor shall comply with such Law and/or pay and disc)rltrge thtl an'i9unts \vhicti shall be levied, assessed or imposed or determined to be• payable, together. with aiL'penalties, fines, interests, costs and expenses in connection therewith. · · · · Section 4.4 Compliance with Laws .. Gran tor will comj',.ly:with and not violate, and cause to be complied with and not violated, all present and .fu.tute Laws applicable to the Property and its use and operation. Len.der acknowledges that the Boeing Work is being completed by The Boeing Company. S¢ction 4c5 Intentionally Deleted_ .Section 4.6 . Additions to Security. All right, t\tle and interest of Grantor in and to all InJprov\iments and Additions hereafter constructed or place¢ ori the :Property and in and to any Accelisories hereafter acquired shall, without any further deec;! of trust, conveyance, assignment or other acthy Grantor, become subject to the Lien of'ihfs Deed of Trust as fully a.nd completely, and·with the same effect, as though now owned by Gran.tor and specifically described .. in the grantil)g .clauies hereof. Grantor agrees, however, to exeetlle and deliver to Trust~ and/ot'Benefi~iary such fllrthe_r documents as may be required by the terms of the Loan Agreement and the uther Loan Documents. Section 4.7 Sub!J'.)g~tion:' · To tlie extent permitted by Law, Beneficiary shall be subrogated, notwithstandfogjts rt,Jease ofrecord, to any Lien now or hereafter existing on the Property to the extent that sctch Li<:;nis paid or discharged by Beneficiary whether or not from the proceeds of the Loan. This Sectiott shall l)Ot 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 Ben~fkiary, Gi:lllltor shall not enter into any Lease with respect to all or any portion of the P,6perty that would cause Grantor to violate any provision of the Loan Agreement · · · · (b) Neither Trustee nor Beneficiary shall be obligatiid to p\ltform or discharge any obligation of Grantor under any Lease. The assignment of Leases pfovided .for 277985_5.DOC -11- · in this. Deed of Trust in no manner places on Beneficiary or Trustee any responsibility for (i) the o.oritl'ol, care, management or repair of the Property, (ii) the carrying out of any of the \erzyis and conditions of the Leases, (iii) any waste committed on the Property, or (iv) any tclarigei;aus or defective condition on the Property (whether known or unknown). · (cf° -No approval .of any Lease by Beneficiary shall be for any purpose other .· than to prntect Beneficiru:y'ssllCurity)and to preserve Beneficiary's rights under the Loan . Documents, arid nti° such approval shllll result in a waiver of a Default or Event of Default. . . .-' . ._ .:. ·. ,•'""•-, ··. Section 4-,Q, .. ······ Insmance. 0ranior w\il .at all times keep the Property insured in the manner and to the extent niquired tfi the 19~n:J\.gr~ement. 1n addition, if the area where the Property is loca~(l.is' now or in the..future tl~igmited as a special flood hazard area pursuant to the Flood Disaster Protection Act ofl97-3 (as amended), and if the community where the Property is located is participating in the Nation.al Flpod Insurltlwe Program, Grantor will obtain and continuously inainfain a Natiorial 'Flood Insurance )?rogram Standard Flood Insurance Policy or equivalent covering the Property, Beneficiary may, from time to time, require such additional insurance as Beneficiary tnay,deierrrtine· is reasonably necessary to protect Beneficiary's Lien hereunder dr.tq assure fepayme/it Of all the Obligations. Sectio11'4, 10 Insurance/Condemnation Proceeds. AH< Insura!lce/Condenjnation Awards will be paid to Beneficiary for application.to the ObHgalions in the mann¢r and to the extent provhied in the Loan Agreement. · · . Section4.l l.· Beneficiary's Right to Cause Performance o(Covenarits. If Grantor fails to maintain any insurance and pay the premiums for insurabceas required in Section 4.9, topay .all taxes, perialties; assessments, charges, and claims as requir~d in Sections 4.2 and 4.3, or ifGrantor fails tokeep.or perform any of Grantor's other covenants herein, Beneficiary may obtain sµch insµtance, pay such taxes, penalties, assessments, charges, or claims, or cause sud,·-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 connectioi;r' therewiiti, together with interest thereon from the date when incurred. Such amounts. lind interest are. secured by this Deed of Trust, which creates a Lien in the Property prio~' to atiy right, title, interest, lien, or claim in or upon the Property subordinate to the Lien of this Deed Qf Trust. Any SUQb payments by Beneficiary will not be deemed a waiver of any Default. B.pneficiazy is pot qbhgated to exercise Beneficiary's rights under this Section and is not liable to Grantcir for an)' failure to do so. ·· .. ,.,·· . . · .. Article V Negative Covenants· Section 5.1 Encumbrances. Grantor wiilno{ pepnit any .of the Property to become subject to any Encumbrance other than the Permitted EnciJ.m\lrances. :Within ililrty (3Q)days after the filing of any mechanic's lien or other Lien or Encurn.bra11ce against.the Property; Gran tor will promptly discharge the same by payment or fiiing a· bond or otherwise as -12- ·' permitted by Law. So long as Beneficiary's security has been protected by the filing of a bond or·othetwise in a manner satisfactory to Beneficiary in its sole and absolute discretion, <;,ra,ritor.>.shall have the right to contest in good faith any Claim, Lien or Encumbrance, . providN 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 l.1l'ideJ:.an:/Lien and Notiq; .of any foreclosure or threat of foreclosure with respect to .··•' an)' of the Property.,. · .·. Section 5:2 .· iTr~nsfer of tbe Prtipertv, Grantor will not Transfer, all or any part of the Property (exi:ept forccertrun Triil)Srfas of..the. Ag:essories expressly permitted in this Deed of Trust). The Transfet ofany·o(the gerieral p~nership interest in Gran tor, if Gran tor is a general partnership-;·or the 1·ransfer of arty lllt!fobership interests in Grantor which would result in Trans western Lakeshore, L.L.C. having less than 51 % of the membership interest in Grantor (whether in one or more transactions during the .. term of t)le Loan) shall be deemed to be a prohibited Transfer ofthe l:'ropeity.: · · · · · Section 5.3 Intentionally Deleted .. Section 5.4 Additional Improvements... Grantor will. not construct any Improvements other than those presently on the Landand those,des.;ribed i1rth¢' Loan Agreement without. the prior written consent of'Bertefiaiaryi Grailror will complete and pay for, within a reasonable time, any Improvements which. Gran~or is .. permitted to construct on the Land .. Grantor will construct and erect any permitted Imp_ro¥ements (a), strictly in accordance with alLapplicable Laws and any private restrictive covenants, (b.) entirely on lots or.parcels of the Land,,-(c) so as not to encroach upon any easemenr'orright of way or upon the land of..others, and (d) wholly within any building restriction and' setback lines applicable to the La~d. · · ' ' ' Section 5.5 , Restrictive·covenants, Zoning, etc. Without the prior written consent of Beneficiary, Grantof will obt initi.ate, join in, or consent to any change in, any restrictive covenant, easement, zonirij{ordi:tia.Jl'Ce, -0r .other public or private restrictions limiting or defining the uses whiGh·fnay be,made ofthe Property. Grantor (a) will promptly perform and observe, and cause to be perfo~ed and observed, all of the terms and conditions of all agreements affecting the Property, aiip (l:,) will do or cause to be done all things necessary to preserve intact and unimpaired l\l)Y ~nd all easementii, (t]Jpurt.enances 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 totirti 0 e, qfany one or more of thefollowing shall constitute an Event of Default under this Deed of Trust · · · · · 277985_5.DOC ·13· . . Section 6.1 Payment Obligations. Borrower fails to (i) make any payment of pr:fncip:i]or interest under the Note within ten (10) days after the date when due, or (ii) 9orµply .with any other covenant contained in this Agreement to pay money, and does not cure _. th_at failure within fifteen (15) days after written notice from Lender. Section 6;2 ··· Transfers. Grll!.ltor Transfers, all or any part of the Property (except for Transfers oftlJe AcceBsories ~xpr~ssly,perrnitted under this Deed of Trust). The Transfer of · -aµy membership ihterests in, drantor, whiclJ.'Nould result in Transwestem Lakeshore, L.L.C. having less than 5\ % .of.the mtmbetship jnterest in Grantor (whether in one or more transactions during the ltm)of th<liciim) shalLlie deemed to be a prohibited Transfer of the Property constituting_~n Evbnt of ])efault. •-·. .. >' :· _-· .. · · .. Section 6.3 Other Obli~atious. Granlor fails to promptly perform or comply with any of the Obligations set forth in this'Deed of Trust·(other than tho~e expressly described in other Sections of this Ari,c!e VI), arid $Uch failure coniinues ul1cuted for a period of thirty (30) days after Notice from Beiiefis,faryto Grantor,.urtless (a) such failure, by its nature, is not reasonably capable of being cured withitf Sllch period;'and(b) Within such period, Grantor commences to cure such failure and theJ;eafter diligently prosecute~ the cure thereof, and (c) Grantor causes. such failure to be cured no later thiirt J1inety (90) days aft6tthe datfof such Notice from Beneficiary. . . . .. . . .· Sectioh 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 Gr~ntor or Guarantor fails to promptly pay, perfonn, observe or comply with any obligation. or ijgrcement contained in ilny of the_ otherLoanDpcuments (within any applicable grace or .. cµre.j:,eriod). Se~;ion 6.5 Change in Zoning or Public Restriction. Any materiai change in any zoning ordinance or regulation or any other public restriction is enacted, adopted or irnplemei\!ed that limits or defines the uses which may be made of the Property such that the present or intended us.i ofihe Pro.petty, as specified in the Loan Documents, would be in violation of such zPning 9rdinanclor regtilation or public restriction, as changed. ·: .. _ .. · ', ··-,:· . Section 6.6 IntentiomtHyDeleteq: Section 6.7 Default Unds;{Other .'l..ien Documents: .A default occurs under any other mortgage, deed of trust or s:;;urity agre~!Il¢nt covering tfie Property. Section 6.8 Execution: Attachmen( Any e~ecµti.on or a\tachment is levied against any of the Property, and such execution or attachment fa not seraslde, disc~arged or stayed within sixty (60) days after the same is levied. · · · · 2779'85_5.00C Article VII Rights and Remedies -14- . Upon the happening of any Event of Default, Beneficiary, or Trustee at the direction ofBen~ficiary, shall have the right, in addition to any other rights or remedies available to )3eneficiary under any of the Loan Documents or applicable Law, to exercise any one or more i of the fol)owing rights, powers orremedies: Section J:i ··· Acceleration ... Beneficiary may accelerate all Obligations under the · Loan Oocuments whereupon suth O\iligalions shall become immediately due and payable, without notice o(defaLJl\, notice ofi~ce)~{ation or intention to accelerate, presentment or demand for payment prote#, noti~ ()fprotest, .notice of nonpayment or dishonor, or notices or demarids of aiiy.Jtind/ir charact~r/al1 of,w.li'ich are hereby waived by Granter. Section7'2.·· · Appraisiil; Inspectio'n< 13eneficiary may pay such sums as may be necessary to obtain a curren.f appraisal of the Ilea! Property and/or other Property, to inspect and test the Real Property and)or oth~ Pr6pertytto pay anye'tax, assessment, insurance premium, lien. encumbraiice or other charge against the Prope1i:{, to obtain a title report and/or Trustee's sale guaranty, .all .such expenditufeS to be pai<l by Gran tor on demand and added to the Obligations. ·· · · · · · Section 7 .3 Exercise of LegalRights; Foreclosure; Powe/of Sale. Beneficiary may exercise any one or more of its rights and reme<iies mJdertheLoanDociilnents and applicable law including, without limitation, foreclosure ofthis :Oerd ofTrusi}udicially as a mortgage or non-judicially pursuant to the power of sale granted herein: T'rustee may sell the Pioperty in its entirety or ili parcels, and by one or by several sales, as de);mei! appropriate bY:Trustee in its .sole and absolute discretion. If Trustee chooses to have more th.an qi1e foreclosure sale, Trustee may cause th.e.foreclosure sales to be held simultaneotisly'or successrvely, on the same dll.y, or on such different days and at such different times as Trustee.may elect. Trustee shall receive and applythe proceeds from the sale of the Property, or any portion thereof, in accordance with applicable Law. Orantor and the holder of any subordinate lien or security interest wiih actual or c011stnictiie notice of this Deed of Trust waive any equitable, statutory or other right to require map;pallin_g l.)f as.<;ets 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 colle¢t the Rents shall :be .automatically and immediately revoked, without further notice to.or <letttand upon Grantor. :8.eneficiary 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, e,S:ercise 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 Rems are tobe j:iaid to . .Beneficiary, and following such notice all Rents shall be paid directiy to Beneficiary and not to Gr~ntor or any other Person other than as directed by Beneficiary, it being un,!erstood that ~ demand. by Beneficiary on any tenant under the Leases for the payment of Rent shall.]je suf:ficlent tr warrant payment by such tenant of Rent to Beneficiary without the necessity of furth~r consent by Grantor. Grantor hereby irrevocably authorizes and d.frects the'tertant; :undefti)e 2779B5_5.DOC ·15- .·.• Le.ilie to pay all Rents to Beneficiary instead of to Granter, upon receipt of written notice fromifoneficiary, without the necessity of any inquiry of Granter and without the necessity of \fetennirtingthe existence or non-existence of an Event of Default. Grantor hereby appoints /B.,,nefi.ci~y as Grantor's attorney-in-fact with full power of substitution, which appointment shall lake effect upo1.1 the occurrence of an Event of Default and is coupled with an interest and .Is itrevocablll prior to the full al)d final payment and performance of the Obligations, in · Grantor's name or .. in Benefigiacy's nJime: (a) to endorse all checks and other instruments received in pilyme~t of Rents and twdeposit.the same in any account selected by Beneficiary; (b) to give receipts and tel<;ases li) relation thereto; (c) to institute, prosecute and/or settle actions for the rec6very ofRcnts{.(d) to ... ni,q[fy.the terms of any Leases including terms relating to the Rents. payable lhereunder; .. (eJtoicancel any Leases; (f) to enter into new Leases; and (g) to·do all other actf ancl tliifrgs with respect to the Leases and Rents which Beneficiary may deem tiecei,i;ary 9r desirable to protect the security for the Obligations. Any Rents received shall be applied firstto pay ail EJC!>etls~s and nc;xt jn reduction of the other Obligations. Grantor shall pay, on demand; .to Beneficiary, th;, 1UTiount of any deficiency between (i) the Rents received by. Beneficiary, and (i.i) all Expenses incurred together with interest thereon as provided in the Loan Agreement and the other Loan Documents. Sectfon.7.5 Taking Possession or Contr61 of the Propeity. As .i matter of right without bond arid without regard to the adeqiia<;~ of)he sec11rity,.~iid to vie extent pefmitted by Law without notice to Grantor, Beneficiary shall be entitled,. upon application.to a court of competent juri$diction, to the immediate appointment of frqeiver for all .o~ any p~rt of the ProJ:>erty and the Rents, whether such receivership may be incidental tti a wop6sed sale of the Property.or otherwise, and Grantor hereby consents to the appointment of such a receiver and awees that ,such receiver .shall have all of the rights and power{gr:an\ed to Beneficiary pursuant .. to Section '7.4. In addition, to the extent permitted by Law, ahd with or without the apPointment ofa recei_ver; or ~n application therefor, Beneficiary may (a) elite~ upon, and take possessi()l) ... Of · (arid Grantor shall, surrender actual possession of), the Property or any part thereof, without notice .t6 Gi:antbr and without bringing any legal action or proceeding, or, if necessary by force, Je·gal ph)ceedi~s. ejcctment or otherwise, and (b) remove and exclude Grantor and its agents a!ld·employees therefrom. Section 7 .6 Management .of tt.e' Property.··· Upon obtaining possession of the Property or upon the appointment 5if a re<;eivef as de&erlbed 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 Prope1ty and, in cotiiiectiol.1 therewith, continue any and all outstanding contracts for the erection and completion of such Irnpn;,vements.and make and'enter into any further contracts which may be necessary. either iii tl:Jeir or itsowii name or in the name of Grantor.(the costs of completing such Improvements shall.be Expenses secu~il:by tnisDt:ed of Trust and shall accrue interest as provided in the Loan Agreement ajid tli'e o!hti L~llJl Documents). Beneficiary, Trustee or such receiver shall be under n9 lill.bilit~ f9f; o{b.y reason of, any such taking of possession, entry, holding, removal, maintaining, 9pt:rati9ii' or 277985_5 CXX -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 s_uch rerii.edles, once commenced, shall continue for so long as Beneficiary shall elect, .fiotwit~standirig the fact that the exercise of such remedies may have, for a time, cured the original Event of Ddault. ,· .... S~tio~ 7 .7 Uniform Comrpercial Code. Beneficiary may proceed under the T,Jtiiform Commercial Code/ii§ to, .. ijll or any part of the Personalty, and in conjunction there,vith,m~y exerc\_se a~i ~if the rights,,temeqies and powers of a secured creditor under the Uniform Comrne,rfiiil Code_, UpQfi/the 09i;;_11rrfticy of any Event of Default, Grantor shall assemble all of the Acc'ilssciries·anf make,the s;mie available within the Improvements. Any notification required·· by the Unifonn Co~rcial Code shall be deemed reasonably and properly given if sent in accordance with'tlie Notice provisions of this Deed of Trust at least ten (10) days before any sale or other dispositi<:m .. of the Persenalty. Disposition of the Personalty shall be deemed commercially reasonable if made p,1.lrsuant to a public sale advertised at least twice in a newspaper of general circulatiopin the community where the Property is located. It shall be deemed comniercially reasonablefor the Trustee to dispose of the Personalty without giving any wal'rartties as to the Personalty ancj.spedfically disclaiming all disposition warranties. Alternatively; Beneficiary mayfhoose t6 dispose of so~or. all of the Property, iri any combination consisting of both P~rsonalt}' and Real I'roperty,irt qrie sale to be held in accordance with the Law and procedt>res applicabletil'i'eal,property,.ils permitted by Article 9 of the Uniform Commercial Code. Grantoi: a!jlreeii th~t.suqh a saleiof I'ersonalty together with Real Property constitutes a commercially reasonable sale of the Perso.nalty. . ' •' . . . . __ Section 7.8 ApPlication of Proceeds. Unless otherwise required by applicable Law, all pro¢eed:r from the sale of the Property or any part thereof pursuant to _the rights and remedici(Set forthjn this Article VII and any other proceeds received by Beneficiary from the exetc;ise of any of its _other rights and remedies hereunder or under the other Loan Documents shall be applied first to pay an Experises and next in reduction of the other Obligations, in such manner and order as Be11eficia_r)'. may elect. Section 7,9 . Cufuulatiye Remedie~; No Waiver. To the fullest extent aJlowed by Law, all of Beneficiary's and Trustee's rights arn:i reme4ies specified in the Deed of Trust or in any other, of the Loan Dqcurnents are curimlative/not mutually exclusive and not in substitution for any rights oi',em~ies .available at /aw. or/n~quity, Without waiving its rights in the Property, Beneficiary'may proceed agai)istGrani<ir, any other Person obligated to pay or perform the Obligations or against any other security or guii.ranty for the Obligations, in such order or manner as Beneficiary may-clect ,·Beneficiary's failure to exercise or enforce any of its rights or remedies in the Event ofDefauli shall not constitute a w_aiyer or cure of such Event of Default, or of any subsequent Event ofDefaultf or of Beneficiary's rights or remedies with respect to such Default. · --· · -· Article VIII Trustee 2779~5_5.DC('. •17- . Section 8.1 Liability of Trustee. Trustee shall have no liability or responsibility fo;; and make no warranties in connection with, the validity or enforceability of any of the l,:oatJ Do;icurnents or the description, value or status of title to the Property. Trustee shall be .,tiroiecte4 in acting upon any notice, request, consent, demand, statement, note or other paper · or document believi;4 by Trustee to be genuine and to have been signed by the party or parties purpi:>rting to sigri'the same. Trustee.shall not be liable for any error of judgment, nor for any .·· act/don~ or, :itep taken or omi\t~; nor for any mistakes of law or fact, nor for anything which · Trustee' may do of n:ifrain {tcifu doiri'g in ,&ood faith, nor generally shall Trustee have any accountabihty hereunder except for.wil\ful rnfaconduct or gross negligence. The powers and duties of Trustee bereupder may b~ exercj$yil .tni't1ugh such attorneys, agents or servants as Trustee may appoint, .arid Trustee fiball have noliability 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. Iri addition, Trustee may consult with legal counsel selected by Trustee, and Trustee shall have no liabflity or r~ponsibility by'reason of any act or failure to act in accordance with 'the opinions of such counsel. ·rrustee:·ma'y act'hereunder and may sell or otherwise dispose of th.e Property .or any ,part th<;reof a:s .herein provided, although Trustee has been, may now be or may·hercafter be, an anomyy, officer, agent or employee of Beneficiary, in respect of any matter ot ltusiness whatsoever/ Trustee; however, shall have no obligation to sell all or any part of the Property following an Eve1it' of Default or to' t*e any other acJion authorized to be taken by Tru.stee heteu'nder excepr·upon the .demand of Beneficiary .. Section S.2 Indemnification of Trustee. GrantOtagi'ees t~ jndemilifyTrustee and to holdTrus.tee harmless from and against any and all Claims ancl.Expenscs dlrectlyhr indirectly arising Out of or resulti.ng from any transaction, act, omission, event or circumstance in any way connected with the Property or the Loan, including but not lilillted to any Claim arising bu; of 6fresu)ting from any assertion or allegation that Trustee is li~b)e 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 be obligated to indemnify Tl')istee "'.ith respect to any Claim arising solely from the gross negligence or wiUful 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 o( the Loan, a:hy 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 Documellt~,/ · · · · ·· ·. Section 8.3 Substitution of Truste~; Multiple Trustees. Beneficiary shall have, and is hereby granted with warranty of further.as91.1ra11ces; the irrevocable power to appoint a new or replacement or substitute Trustee. Such power may be exercl$ed at al).Y. time without notice, without cause and without specifying any reaspn theref6r, by fili11{for record in the office where this Deed of Trust is recorded a Notice of Substitution of'I'rustee ... The power of appointment of a successor Trustee may be exercised as· oft.en a,i and .whenev<,± Benefici!\l')' may choose, and the exercise of the power of appointment, no rti.att¢r hovfoften, shall no{be ·. an exhaustion thereof. Upon the recordation of such Notice of SubsJituikm·ofTntst~.Jhe 277nS_5.D0C -18- .· Trtlstee 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 1i'ghts, p6wers, trusts and duties of its predecessor in the trust hereunder with like effect as if 6riginally 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 .tiriginal'.or successor in. trust All title, estate, rights, powers, trusts and duties .. ·· granted. to Tn1stee .shall be in ea·ch Pe,rson appointed as Trustee so that any action hereunder 'by' any PerSoii app'ointed tis Trustee shall for.all purposes be deemed to be, and as effective as, the action of all Jrus.tees, · ·' Article IX lyliscellaneous Section 9.1 Rights, Powers· and Retnedies· 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; shaU becum~lative and concurrent and shall be in addition to every othe{right, pOVJer o(rem<idypr\i'vided 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 mote of s11ch rights, powers or remedies shall not preclude the sim1Jltaneous or later exercise by Ben'efioiary or Trustee of any or aiJ such other rights, powers or ietnedi.es. . ... , . . S~ion.9.2 No Waiver by Beneficiary or T~;te,,. No ~~rse ofde<1Iingor conduct by 9i-among Beneficiary, Trustee and Grantor shall be effective to amend, modify or change any provisions of thi~ Deed of Trust or the other Loan Documen'is/ No failure or delay by Beneficiary · or Trustee to insist upon the strict performance of a11y. term, covenant or agreeme~i of this Deeil -0f T@st or of any of the other Loan Documents; or to exercise any right; ,power .6r rem~y consequent.upon a breach thereof, shall constitute a waiver of any such terrif,"cove.nanr' or _agreemetit or of any such breach, or preclude Beneficiary or Trustee from exercising .any such right, powJ,r or remedy at any later time or times. By accepting payment after the.(lue da\e of any'of the Obligations, neither Beneficiary nor Trustee shall be deemed to waive theriglit ejtherlo 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 Grantor nor any'other Person now or hereafter obligated for the payment of the whole or any part of the Obligations shall be reliyvedoi;,fsuch liability by reason of (a) the failure of Beneficiary to comply with anyreque$t ofGra.riior or of.any other Person to take action to foreclose this Deed of Trust or oth~r-wise·enforce an} of th·e provisions of this Deed of Trust, or (b) any agreement or stipulation betWeeri any sub~equent owner or owners of the Property and Beneficiary, or (c) Beneficiary's extending the time i::>f payment,oi' modifying the terms of this Deed of Trust or any of the other Loai'LQbcuments without first having obtained the consent of Gran tor or such other Person. Regardles.s of consideration, l)ri\l without the necessity for any notice to or consent by the holder of any subordinat~ Li,;ii on· the,Prbperty, Beneficiary may release any Person at any time liable for any oftheObligatiol)SOr,ii.ny parl'of the security for the Obligations and may extend the time of payment oroth~rwi,e modify'tbe 277985_5.DOC .J9. · temis of this Deed of Trust or any of the other Loan Documents without in any way impairing oriaffecting the Lien of this Deed of Trust or the priority of this Deed of Trust over any s.ubordinate Lien. The holder of any subordinate Lien shall have no right to tenninate any /Lel'ise .xegardless 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 .rfocurrients in su<;;h.prder and manner as Beneficiary may elect in its sole .· discretion. . . Section ~:3 fwaivt\~s and. Agl'te~ents Regarding Remedies. To the full extent Grantormay do so., -GratTtor hereby:' . . . {a) ~grees that itwill not at ~nytime plead, claim or take advantage of any Laws now or hereafter vi force pn:,viding'fi:ir a11y appraisement, valuation, stay, or extension, and waives and releases an ,rights·Of valuaJfon, appraisement, stay,of execution, extension and notice of election to accelerate tbe Obligations; . · (b) waives all rights to ilmarshal!mg,of the ~sset; of Granter, including the Property, or to a sale in the inverse oi;der or al\enation fn the event.of a foreclosure of the Property, and agrees not to assert any right µnder·any La\.11 peitaufing tOtl)c marsJfalljng of assets, the sale in inverse order of alienation, the exemption of horrtesteac;I, the administration of estati:,s of decedents, or other matters whatsoevef tO defeat, rediJce.ot affect.the.right of Beneficiary under the terms of this Deed of Trust to a saie of the Proper+Y without any prior or different resort for collection, or the right of Beneficiary t6 thepayJJ1ent of the ,Obligations out of the proceeds of sl\le of the Property in preference to every other claimant whatsoever; (c} w~ves any right to bring or utilize any defens~ •. couilterc;faim or setoff, 6ther thati one. which . denies the existence or sufficiency of the facts upon which any foiecJosure action is grounded. If any defense, counterclaim or setof(' other than one permitted ·by the preceding cl;use, is timely raised in a foreclosure action, such defense, counterclaim or ·.setciff.shall be ·dismissed. If such defense, counterclaim or setoff is based on a Claim which could be ti:ied in an ·;~ion:for money damages, such Claim may be brought in a separate action Whic)l,shall not thereafter.be consolidated with the foreclosure action. The bringing of such separate action Jor money. damages shall not be deemed to afford any grounds for staying the foreclosure action;and (d) waives and 'r~lin(juishes any aild all rights and remedies which Granter may have or be able to assert by reason of the prol(isiqns qf ·a11y Laws pertaining to the rights and remedies of sureties. · .. · Section 9.4 Successors and Assigns. AlVof the grants; covenailts, .. ierms·, 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 pen.rutted · subs~ueJJI' qwner 6f' Hie Property), and inure to the benefit of Beneficiary, its successors and ijssigns and to . .the successors in trust of Trustee. · · 277985_5.DOC -20- Section 9.5 No Warranty by Beneficiary or Trustee. By inspecting the Property or by'acE~pting or approving anything required to be observed, performed or fulfilled by Grantor ot to be .. gfven to Beneficiary or Trustee pursuant to this Deed of Trust or any of the other ,· Loan pqcuments, 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 Benefici~ry or Trustse: Section ~:6 Aniendmentf, This 'b~.ed of Trust may not be modified or amended except by an agre.emenJ in writing( stgnep.,,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 ofthe·other Loan Documents shal) for any reason be held to be invalid, illegal or unenforceable, iir whole m.in pfut or in' any other rcsp~tt. pr in the event any one or more of the provisions of the Loan Documents operates or woiJL<l prospectively operate to invalidate this Deed of Trust or any of theother Llian Documents.; then and in either of those events, at the option of Beneficiary, suc.h provision or provisions only .. shall be deemed null and void and ~hall not affect the validity of the remaining obligations, l't1Jd the remaining provisions of tlie I,oan Documents shall remain operative and in full forctand effect and shall in no way be.affecied, prejudiced or disturbed thereby. · · Section 9.8 .. Notices. All Notices required or which a~yparty 9esires to give hereunder or )Jndet any other Loan Document shall be in ·v,,riting and, unless otherwise specifically pioviped iIJ .. $UCh other Loan Document, shall be de'en;i'ed .sufficiently given or furnished if.delivered.by personal delivery, by nationally recognized ovemightcourier service or by certified Uniied States mail, postage prepaid, addressed to the party io y,,hom directed at the applicable· address' specified in.the Preamble to this Deed of Trust (unless changed by similar nblice in writing,givenby the particular party whose address is to be changed) or by confirmed facsimile .... Any Notice 1\1\all be deemed to have been given either at the time of personal delivery or, in th;,Case of co\lrier or mail, as of the date of first attempted delivery at the address and in' the ·tnannccprovided herein, or, in the case of facsimile, upon receipt; provided that service of a Notic.e. required by ar!y · applicable statute shall be considered complete when the requirements of that stal\lte are met. , Notwithstanding the foregoing, no notice of change of address shaU..be'effective exceptupon a.ctual 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 LoanDocument or tb requfr~ giving of notice or demand to or upon any Person in any situation or for anyrea.sbn. · Section 9.9 Rules of Construction. The words ''bereof';' "h~rei~". "hereunder", "hereto", and other words of similar import refer tb this.Deed ofTmst in i,ts·entirety. }'he terms "agree" and ''agreements" mean and include "covenant" and ''covenal)ts)' The wbtds "include" and "including" shall be interpreted as if followed by tl.i Words "without limitation." The headings of this Deed of Trust are for convenience .of ieferenc'e only, and 2?7985_5.DCX: ,2\· · shall not be considered a part hereof and are not in any way intended to define, limit or el)largetlle terms herwf. All references (a) made in the neuter, masculine or feminine gender &hall be:_deemed to have been made in all such genders, (b) made in the singular or plural ,,hurnber.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, supplem(inted' or ·otherwise modifie.cUrom time to time unless expressly indicated otherwise, · (d}to the I.,and, lTIJproveme~ts/l>ersohalty, Real Property or Property shall mean all or any ·portion of each 6i' the foregoing,, r¢'spectiyely, and (e) to Articles or Sections are to the respective Articles cir Sections c6l)tail)ed iii ,lhjs Deed of Trust unless expressly indicated otherwise. Anftenn lJSed{>r defin,edin t!w'lfuifonn Commercial Code of the State, as in effect from time to time, which'is,hot defined inA:his Deed of Trust shall have the meaning ascribed to thai teuri,in the 1}hiforril Comri)emial Code of the State. If a term is defined in Article 9 of the Uniform Commertial Ccide·ofthe State differently than in another Article of the Uniform Commercial (':ode ·bf the State, the.·tetm shall have· tile meaning specified in Article 9. Section 9.10 GoverningLaw( Thisbeed~f'f.rust sh~lbe construed, governed and enforced in accordance with the Laws in effect from time 'to timecin the·State. Section9,ll Entire Agreement. The Loan Documents/constitute. ihe entire understanding ahd, agreement between Graritbr ·anp Benefidafy··with respect· to the transactions arising in connection with the Loan, and.supel,"Sede. an prior written or oral unde,standingsand .agreements between Grantor and Beriefidaryy,jth respect to the matters addressed in the Loan Documents. In particular, and witholtt limitatiori, the t~rms of any commitrilent by Beneficiary to make the Loan are merged into thi:'U>anDocurrients. Except as incorporated in·· ·writing into the Loan Documents, there are JlO representations, ilnderstanciings, sdpul~tions, agreements or promises, oral or written, with respect to the matters addressed in lf;e Loan Docun1ents. Section 9.12 Partial Releases. Grantor may request that Beneficiary release the lien Of this Deed of 'I;rust from· a' portfori of the Property by delivering to Beneficiary a written request therefor ai leasd'ifteen (15) days prior.to the proposed date of such release, which request must be accompanied by. a Survey whichshows and legally describes the relevant portion of the Property to b..: released. Bubject to timely receipt of the foregoing and any other information reasonably req11,ested by Beneficiary, Ben~jdo\fy shall request that Trustee release the lien of this Deed of Trust from theJelevant portion of the Property, provided that (i) neither a Default nor an Event of Default.is then c6ntiriuirtg hereunder, (ii) such a release and the related conveyance (x) will not triaterlallyimpakthe access.of any unreleased portion of the Property to a public street or any utilitfos.or tinreasona:bly .divide ariy portion or tract of the Property into strips or parcels, (y) will not, in Bimefitiary'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 G'6veinmentaf Authodties, includit\g,. without limitation, all subdivision regulations, (iii) Grantor has delivered' to llene'fidarY,ari endorsement to the Title Insurance Policy insuring the lien ofrhis Deed" of trust which 277985. ~ DOC'. .22. .• confirms no change in the priority of this Deed of Trust, amount of insurance or coverage withtespect to the balance of the released Property, (iv) Beneficiary has received the Release Paymen,\(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 irritia(val\le per the.i!ppraisal received by Lender prior to closing of the Loan and showing a valqe of$38,300;000), imd (vi) GraQlor promptly pays all of Beneficiary's and Trustee's costs .·· an<:I expenses (including, with9u(Iimit,ltion, reasonable attorneys' fees and expenses) incurred •tt}considedng and"implemer,tii\g such rele~~e. Notwithstanding anything contained herein to the Cl)ntrary, Lender hereby consents .t6 tii( ~lease of Lot 2 (whether partially or in its entirety}: pr9vid1:lihow~ver, that iriJl:ie ev~f of a partial release of said Lot 2, the portion of Lot 2 that is not released shall be"ci:mtiguous to.t~ remainder of the Property. For purposes hereof, "Release .Payment" shall mean ,iln amount equal to the result derived from the following calculation: (.a) lJO muitiplied by ()i) (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. Rele.ase :Payments may be ;tpplied firit 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 here.undef which are due.btif have not been paid, then to the payment of the principal balance of ihe Note, or in any other ordet ·of applicatio.n of the foregoing as Beneficiary shall determine, in iU; sole and absOlute di~s:retion. ORA.L AGREEMENTS OR ORAL COMMITMENTS TO LOAN MONEY, EXTEND CREDIT OR TO FORBEAR FROM ENFORCING A DEBT A.RE NOT ENl<ORCEABLE UNDER WASHINGTON LAW. . . .· Grantor haf caused this Deed of Trust to be executed as· of the day a.nd year first written ~bove. . .• ·. 277985_5.DOC .2). GRANTOR: TRANSWESTERN HARVEST LAKESHORE, L.L.C., a Delaware limited liability company -24- • STATE OF ILLINOIS COUNTY OF COOK ) ) ss. ) • ~ this 3o+YJ day of March, 2005, before me, the widersigned, a Notary Public in and for . the .·. State .. of ;Illinois, duly commissioned and sworn personally appeared .···· f:r{l/il_~ 5: fR iii,, ./ . , known to me to be the authorized signatory of Tij.ANS~STE~ HARVEST L,4.KESHORE, L.L.C., a Delaware limited liability i:oinplllly, the limited liability ~olnpa.ny . tpat executed the foregoing instrument, and ackn&.yl,:,dged ~e said insttument fu b,e the t'ree and volwitary act and deed of said limited liability oonipany;·for 1he purp~· therejri''l¢n*'med, and on oath stated that he/she was authorized to execute. said instrunierit, . ·.·, ...... · :. ,: ' _. I certify that I know or hay; satisfll(:tory evid~ce that the person appearing before me and making this aclmowledgmentis the person W~ose truesignatur¢ aBl'ears on this document. WITNESS my hand and offici;ii seal h~rett'i.rlljxed the day and year in the certificate above written. ····.·.···~ lYt~ Sigriatur~~ .··· .········ ·· ........ ·.· • PrintName ·.. ··· · NOTARY PUBLIC in and foi:.th~ State of Illinois. My commission expires lf I~/ 0 r 271935_~.DOC -25- EXHIBIT A Legal Description Lots ( 2,.3 and 4, B9eing Lakeshore Landing, a Binding Site Plan, recorded under Recording No. 20041223000856 · ~ituate1n the City-bf R.enton,C~unty.6f King, State of Washington . ' ,· . . . , ..... , -26- GBANTDR, PACll'IC COAST 8, R, CO,, a \f&1b1Agtion ror arid ir. c'..m:..ideration at' TW"u Hundred Eighty-one 'Ihouean,d and no/100 '.)0'.,LAJ<.l (.,.;cdl,000.00) 1n hand pald, CONVEYS and WARRANTS to BOEING ArnP'J .. SG/{PA}f'{, d 0€:law<1Ie co1'poration, ·:}RANT:C.:£, the foll.:>wing descr1ber.1 real BState c;;1!:!..l.':1.tP. ln King Co'.L~t/, Wu;:;hington, t1>-.rit1 . ·• --'"""': ;·,,., - • _.,. !~'-· 4.~ ' ' ~ • l •• "".;,,t },..:i! ~-~1Jt: of the nart!".west q:iarter of the Jo11th- .._.e;:; c. qua.ctt1r of sectlori t1, tO\>.'"°!ship L3 north, range 5 @astl W.N, 1 in King r.0unt..y 1 Washington, da~u·ibqd as fol ows: Ber.inninz at the point of J.ntersection the nort~ line of sci.ld suodivision ...,1th the north oduction of t·rie we.st line of Park Avenue, as shwn in !1Anton Pa:ra; Plat, accor::lin;_; to plat rec:)rded in ·.;olur.J.e 1.v of pl.sits, puf:e ·J7, in 1:1nr Cuunty, Wash- in;'VJ:i.; tt"ie:-:ce soutr. i.l.lrmJ~ said north production! to a. point thereon '11) feet :1orth of the 3outti 1 ne of s~id sub~ivisio~; tl:ence w~st parall~L to and rtbto.nt ?l) feet north f:r:J.<, s:,id struth lir..e to the ,,,')rtr. p:-o,J.,,_ t..L,n .'Jl' thc> ..::enter J..Lrl'c< of. P~1.ly ,tre1c,t; then,:·e soc.JU· <J.1.on,::, s.,iri producce1 c.enter liri··, to ;,;,1'o n:Jrth Ltne of t.'1...-.-.nnt!-i ti')l) •r,,~t 'lf s:;1cJ ::,;,J,- d'.vi..si•Ylj V:ew-~ w::o .. i, :1lorw said w,rtf-i l:!.ne t0 u-,~ e:;~t::.:,~:; "" .. r.'.l~; r,1 ~·.0 lk,r~ner,, i'.'ic 1:..illww.J ci~ht Jfo':i; t.n,:rd L r10r's/1erly, :..ilon,-: :;<dd ec:1.sterlv margin t.,,, ri,:·,r ~r ~--c' .-,r :::;,,., :;tih,!iv ~; . ..,,,; :,,J('fl('t' e<;i'.:!t _;.c,1.J ",rt.h ,1., t. ;:,,,._, i"Lt. •,( L•e;•Lnni.·1,·; ... , n I +_! ,. ,:,..':,:" ~/ : · .. :•.: ·' r i )1' t ·.J" ,:,r, ,r . ,i::-, t-iori ;-_, • ! J i,J ' ·, L j,, ... ·,. I ; .-:.t_ :·:1,;.1. ;,·-~rt.' )r ,;r;r:11,c;nt ·c;;,1., .::) :..,c..,-·~J··· : to,...,·,'.; ,;J 1lr,;-t,.__,, f;.1.1,.~u 'j ~LJSt, 1,./ •• 1 i.!1 tl•1:· r;~·i.::!./; '.J,1,ri ·1,·- .:..:.; ,:; '-':... /'r L ,·;,;::: "·c.·i_nntrw i1· :;·-;J,i (1<werr= ·,'i~f. Lut c: c.:t the r,()lnt 'lf Jntersewtlor1 r1f' n1e south- eastf:lrly ·~1;trsi:-1 or tho rl.:r1t Clf -wa:,; nf P.e l.'orthern Pucl!'~,:-IF.iil.-a:,· ~:v1.1~rn1J~1':; ,.Jet/\~ 'lin~ri1·1,,Lor1 JJl'<inc.-b and the 1,1esterly mur~ln of ?tl ll '.;;t.1·1;:ot proriuce,J (:io\w k.Jiuwu Q.::; Lai<:e Wt1.'.ihirir:tor; J.Joul.evarr! .... ou~henst; und also a~ Par~ .Avenuf:· anrl ~, lo.~) ~:; :,.Jcc;:1,1firy :~tute l!lt~r11,,;.1y Nu. 2-AJ, cts de;,cr.1be,i lr, 1· q} <1)' Wr.l.) ueed tl1enifor rom Columbia & Puget :.:Ourirl He,. droad Cc1,wany to the Cl ty of Hentonl do.t'Sri Decen1ber ;::r;i 1\-114 find recorded .Jamw.r:1 lU, 191.5. ri volw11c 90J of deed.'.;, poJ.,;e ~53; thcncP. runnin/'. sou thwes tel' ly &. LOIJ,~ sc,. i rl south~!..1.S tor ly mar -::J 11 of lh8 "lorthern Pacific 1·if;hl c,f ·,u1y .,-. q_l:;tai.ce of r'.,v fe-'c!t to t:".f' truo point of beg!nr,1n,:1 t.henr:e southe<1.sterJ • .:; c:1.t right angles to said ritt:t 'Jf wi.y me.rr,1n 10 feet, m'Jre "'ALES TAX L,l<SNltu, to u point on the westerly rirht of way boundary 1!1iJ ~1 A1d State Hiv,hwa.y No • .'.-A; then<"e aoutherly alonr, · p A f D aa.id w11terly r1¥::t 'Jf way boundary to the aouth line of aald GoYa:rnaent lot ;dj thentr,t ve,terly alone •aid south- orly Une or Gonrnment Lot 2 to ~• oouth .... tarlY UTlin or the !lcrth~Pn Pacific richt of war, t:11....,• -tb••t:f!11Y along said right ot way margin to th~ true l)<)int ot beg 1nn1r,,:, SUBJFCT, HDWEVIB, to existing tenancies and lNHhold 1n- EXCl-.P'f'INr:: an1 RF.S.hRVUiG unto tt,e Grantor 9 its successors and assh:ris, .:in er.semen t for the con.s true tion, =r.intenat-.. :-::a ant. ... per a tlon of ;..1 !'ai.i..wc:i:! trarK to serve bu:i1nesses and industries located upon the proi::-Arty ··~'!'eb:.r ll"l"lrwe;erl, 1tpon, over and along the fol!0wint (~.) h str!r:i of ..L;;.nd 20 ft. wide in the northwest quarter r:f the southve:st qU.....l'ter ::>t Section 8, Township 23 '!{)rth, Range 5 East, W.!-!., in KinL: CoW1ty, Washi.ngton, r!uscribed ~s follr,w:.: Beginning at the point of 1n- ':.+3-r..1ection of the nortt: line or said subtjivi~inri wit}, t; •· ncrt;h proct11ct.1,.Jn ':Jf tJie west. line c!' Park :...itrP.et, Jh•Hm ln iic:mtc;, ~·c;1r1:. P.lat, &l'· crdi:w tf1 ri.Ln.t r&- ,_ ,rdPii 11, 1olure lu of' Pl:..,ts, Paeoa. 97, 1n K.11ir.: County, Wi::i::.tilnvtor.; tne:ic"' ~ouch :..LO'l!'. ~aid nott:"-prcdc.:,..t.irm · J f-..::::t to th'"-' northeaster.l)' r-orner of ::;,d ..... o::'.V rt.. · .. ·!'!~ :ltr1p, t'.l~ t1·u·. ;;int of bel!:"1nni.,r) :..::.rt tt1,~ .soi..ot.t- ...... _:;t.e:•..:._ ,:,or'"'"; "I!' the inter:.ection of Uvhth Ave,1ue ·.:;;-t-.., "\,,d t'°l--!J "· :;;;.;r.,i.<,; the·y.-~ 1·,-,ntl:a .. 1~ _:, ~.--:•1th i-. Inn, 5.._.J·: north pr-'iurtl.vt,} lo'°' i'"-' '.'·P"!'-''•'l /J'", J~i;,... ·. '.(')!th.· 1· th~ .,.")lltl. Lin-2 ·;:1'11 :;11bolvl:...j'::i11j i...,t:r1·." Wf'::'t p;.1ru.llel to <.111'1 1Jj:_:t .. ;1,,;:, '/1> :·t:e'.. n,:;rth (:'.)": 'i'-11 1 '_.;,,,iU-: ll11e c1. :!.:;.1...011ce of ,.u feet; them:6 north µ<1rulL1· .' ~') 1:1n...; ·() (':;!(,: ... ,UJt.-,!'~ [re;;· .~,:1_!.·J ·..:c~ .. !.!.'I•"" nr Pi-.rk ,_._;_.,,.. •;; .,.;-·_. ,' .:;r,rec1... l..,) vr, ;~ta:?:"· ... 1·\.l .... , •,dth t:,,~ ::;r.,.~;-: J..l11t-: ., .. El~)·!.· ~'. .,_=;:v;:;~i0 __ : Avr:nu,: 'iorU··; ~.'1e:-,• ·~ ri;,st ~1J i·-_;~;, tn U:c-point.-;, ~~ 1 __ :1•11l:1 i . . . . , -'.~ .. ;,, ii ;.J!sn,1 (8) A <;l!'in nf L;,f•'1 <'.'0 f•.Je:t ...,1.1e, tr.>!:~~; tta• roo'lt elJ."'ltfJrlJ .::u feet ef thi:it rr,i·tl-,;-; o!' 'iov'!'r:)ment Lot 3, Section .. , ';'o•,,ms!-1!.p £'..3 :iortt-., Ran;:e 5 East, W.H., 1n K.lne Couul._, J 'd11shinr,ton, lJ1!1;". east C>f ~orthern Pac1!"fr H1t.1lwey right of ..iny c:1.·111 .re~t o(" Lci.Y.:e W.:.shin..,'.ton boulevard; t-elng adjacen: ;:inrl parkilel tCJ s&.id .:.....kn \JaJhinr t(.;;, f::lou lc..vard. (c) niat portion of Gover!L1IJ&nt Lot~, Section 8, Town.ship ~3 Korth, Range 5 £Mat, W.H.1 in King County, W~:h1ne* ton, described as !ollowss HIC1Nline at the lntars•c- tion of the south line or Govunm .. t Lot 3, J&!d to,,,,- sh1p &nd ;range, with th• weat l1n• ot lake W..ahington Boulevard aout.J-Jeaat, al.tic lcnovn •• S.Condar7 St.ate H1g:h- way No. , .. A; thenc• ,1est. C:O teet al,on, ••id aouth 11nfl; thence northorly, parallel to and. ~o t-t "•ta..o trou,, measured kt right angle1, the said vest llne ot l.&k• v_ :Jj4fi rw14U Washington Boulevard •ouC10aat, a di1tance ot lJ3l feet aor• or l••• to an 1.nt.r1ectlon vi th the •ou1al. line 01 oa1d GoYernaeii t lot 2, and tao t:-uo pol,Q t ot bo&inninu thence cont1nu1nc northerly in a 1watcbt line along the lut de1cri~ coUl'se to an interuo- tio:i with the southeaaterl.y boundary o! tho larthorn Pec1!1c Railway right or way; thence northoHtorl.y a lrmg said r6.ih:•y boun'1ary to a point where the sou tl!ea• tar l.y railway bowiclary and the northveo terly boundary of Uike Washington Boulevard :rnuthqst becom common· th•nce southweaterly and southe!'ly along the wt:ts ter iy boundary of said boulevard to trH.: sot1 th line of said Gova1·ncrc:~~t.; Lot 2; tilence Yezt '1.0 ft111Jt along "lei! r1 s0·_ ~-, ·, !n~ v: the tru~ point of be~tnnlng. -, Lir, t.': L '.) t,h ,1.,; 0r .~·t:.'lhru<.lry, l9)6t bufore me, "' !'iot:iry Public ~·· :,~,r_l ,·,yr·~~ '.f.H~'' -'f \1L:;h!.c:;:':.(_.:,n, p~r3nr:,al,-.1 b.pp~ ..... r.,d w~ E. NJGf!OL../ON . . . ,:,·/ li. PA'.J;, T,JCJ.'~;;,:i, V) rnf'J r,0\,m to b,;, U1e Vic a ?rtr31de;it ii.lld Secret.a.ry, o:·<i!')e('tlVely, r,1' t./:1:: P.:.H'ifl:· Coo:-;t H. t(, (::,:,., thit-c..O!"pora.tion t,.h<,1'. .:xe"•1t.i=irl t.t,,_. "": thlt: <1nr1 f,,r,~~o1r.;~ !:1str1mr,nt, and acknowle~ .. ~rj l', /·sald inr:tru:>:ii,nt t.(' rie tr.":' rree and vutui.LJ&r,Y c.1ct unU d.:a.~ c.t' .::..~:; ~ ,·orporatlon l.ur th,, uses .t.nd purpo:;103 tiinrelr1 ,uont1uned, u.-i-~ on ~ 'a<.1t,h ~~ted t.hey were authr~ 1zad to '!"X6cl!te H1.ld 1n1truaient wirl ---· .. -t~ul the seal ,.ifftxe<i is tha r:orrnrute sel:il "f EJl:iliri <:r,,-µorcJJnn. IN WITNt,S::; WH~EOF, I hiri.Va heratu1t0 s~t ray hiri.nd unrl LJ.frixerl n.y offie!al S"9.rd. the day and year f1rst 11,bovf! "1'itten • • '4 ~ <,< ~ < ~. -c ,y.,' T., - To£u?"J>ubl1, in IUld toi)the SC.lo ot 'tla'ah1ngton, reaiding at S•.ittle. ·' ~ < C "' ~ ~ ~ > ;;; 0 ~ ~ n( CCC Lil. :.9 ihC Bocl.:y • p p i • OJtT ....ll d( I A.. ;74:t Zlfttt - c " " -", zctu Ii} 0 • • "': 3 16 !ii AGREEMENT AND LICENSE FOR CAC-0>2-91 ALEO fOR RECORD AT REQUE~1 \., OfflCE Of 1ltl CITY CURI\ IWl!OII M\INICfM. BUlG. 200 11111.l. AVE. SO. REIIIOII. WA 98055 tt0988 IA 13.00 ~-00 9J...-(lf,.....-.J6 l.:ECO F RF.CFEE CASHSl. FIRE MAIR INTER-TIE AT NORTH 8TH ST. AND PARK AV~ at<ota>t<IS.00 S5 THIS AGREEMENT is made this nA_ day of =:--:llJl~ , 19f/, between T~e City of Renton, a municipal corporati , (·Grantor~ herein) and The Boeing Company by and through its division, Boeing Commercial Airplane Group, (·Grantee• herein). Reritah I. Grantor has re~uested that Grantee construct and maintain a fi~e main inter-tie (as hereinafter defined) for the purposes of providing increased fire protection. II. r.~antee has agreed to undertake such construction and maintenance subject to Grantor ~ranting licenses for purposes of such construction and maintenance. III. Grantor and Grantee desire to enter into this agreement setting forth their respective obligations and rights regarding such license. Aareements In consideration of the perf9rmance by Grantee of the covenants, terms and conditio~s hereinafter set forth, Gcantor hereby grants to Grantee the following licenses: A. A license across, along, in, upon and under Grantor's property de~cribed in Ezhibit A (plan sheet Cl of the Fire Water Inter-ties project, Har~is Group Inc. contract 190-1177, Boeing job 13~1860), attached hereto and by this reference made a part hereof, for the purpose of installing, constructing. operating, maintaining, removing, repairing, replacing and using a fire m3in inter-tie near the intersectio~ of North 8th Street and Park ~venue North consisting of the entire utility ass~mbly from the poi~t of connection into Grantot's Water Hain near the intersection of Horth Bth Street and Park Avenue North over to the point of connection into Grantee's fire main en the west side of Park Avenue North, including all piping, valves, meters, specialty items, valve vaults, equipment vaults, electrical equipment, electrical services, concrete work and paving (herein the •rnter-tie·)~ together with the nonexclusive right of ingress to ar.d egress from said property for the foregoing purposes; -I - lfcl/ur /,F-53~ .,;o '1'/ f</ ' ' ' I ! ' • I • a :! ., .)_ -._ I a&x lo.,u"' na .i.-_ - • 32~la • C 0 • • • B. A teruporary license for purposes necess~rily and reasonuDly telate6 tv the const~uction of the Inter-tie across. along, in, upon, and under Grantor's property described in Exnibit B {Plan Sheet Cl of the Fire Water Inter-Ties project, Harris Group Inc. contract 190-1177, Boeing job 1301860) attached hereto and by this reference made 3 part hereof, said license to cotMlence on the date of this instrument and to terminate when constrcction of the Inter-tie is completed and the portion of the Inter-tie on the property described in Exhibit Bis conveyed to Grantor by Grantee by a bill of sale; and C. A license for ingress to and egress from the property described in Exhibit~ and B hereto upon, along, and across Grantor's property described in EJ:hibit C consisting of Plan Sheet Cl of the Fire Water lnter-Ties project, Harris Group Inc. contract 190-1177, Boeing job 1301860) attached hereto and by this reference made a part he~eot. The terms ·License• and ·License area· in this instrument refer to the licenses granted with respect to the property described in E~hibits 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 ~ranted subject to and conditioned upon tbe follo~ing terms, conditions and covenants whi~h Grantee ~ereby promises to faithfully and fully observe and perform. L Costs of CQostrncHon and Maintenance. Grantee shall bea[" and promptly pay all costs and expenses of construction of the Inter-tie. Grantor shall pay all costs and &%pensas associated ~ith the maintenance and repair of the Inter-tie upon Grantor's ~roperty described in Exhibit B, such Inter-tie to be conveyed to Grantor by Grantee by a Pill of Sale. Grantee shall pay all costs and expenses associated with the maintenance and cepai[" of the Inter-tie in the license area describea in &zhibit A, 2. Soecifications. Grantee shall construct the Intet-tie in accordance with the specifications for the p~oject set forth in Technical Soecifications for Fire Water Inter-ties, Harris Grcup project no. 90-1177, Boeing job no. 301860, Oated 1i!'I i110 (the ·Technical Specifications•.) 3. APProval of Plans, Prior to any constr~ction, altexation. replacement or removal of the Inter-ti~. a notification and pldns far the same shall be submitted in ~riting to Grantor by Grantee and no such work by Grantee shall be corrmenceC without Grantor's prior written approval of th~ plan$ therefoc, which approval shall not be unreasonably withheld or delayed; PROVIDED, HOWEVER, that in the event of an e~ergency requiring inun.ediate action by Grantee for the protection of its facilities or other p&rsons or property. Gr~ntee may take such action upon such notice to Gr~ntor as is reasonable unde[" the -z -150\.ER ' • I .e '.5 ,,.-, " ca,,&,} -ti.-, ............... .,.. __ ... ,.:.:Sa.:o-@''.alJ.O.a.··--~--" • ., C> • • • circumstances. Grantor has approved the plans and specifications set forth in Grantee's above-mentioned Technical Specifications. 4. Coordination Of Activities. Grantee shall coordinate the dates of its construction and other major activities on Grantor's property with Public Wqrb Field Na.int.Dept. or such other employee of Grantor as Grantor may f~o~ time to time designate, and Granter shall make the license area readily accessible to Grantee, and free from obstru~tions 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. 5. 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 coawencement of such work, and shall replace any property corner monuments, survey reference or hubs which were disturbed or destroyed during construction. 6. Access bv Grantee Purina Construction. Granter shall make provisions for continued access by Grzntee along, over, under, and across Park Avenue and North 6th 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 Horth 8th Street; PROVIDED, HOWEVER, that Grantee ~ay 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 granted within ~even (7) days of receipt of such plan and shall not be unreasonably withheld. 7. Grantee's Use and Activities. Grantee shall at all times conduct its activities on Grantor's pr~perty so as not to unreasonably interfere with, obstruct or endanger Graritor•s operations or facilities. a. use of the License Arna bv Grant:or. Gnntee has been advised and is aware that: Grantor is using or intends to use the Froperty subject to this Agreement for the purpose of public right of way. Granto~ may continue to use the property for &uch purpose so long as the use does not unr~asonably interfere with Grantee's exercis~ of its rights under the license. 9. Interference With Grantor's Future facilities. paragraph 10 herein, in th~ event Grantor desires to facilities relatin~ to Grantor's operations on or in -3 - Subject to const[uct the 150t.U " .~----' ,• . -,. -., . -~---""'-' ' I i • I • • .,, I;. .... I n C) 0 • • vicinity of the license area described in Exhibit A hereto, and the location or e~istence of the Inter-tie located in the license area dP.scribed in Exhibit A substantially interferes with such proposed facilities or construction thereof, or makes such construction or facilities substantially more exfeosive, Grantee shall either in its sole discretion, la) relocate, pcotect or modify the Inter-tie located in the license area descrihed in Eihibit A so as to eliminate such inteiference or expense or (b) reimburse Granter for its added ccsts of design, construction, installation and/or acquisition of other property, but Grantee shall be obligated to act under (a) or (b) only upon the following conditions: (i} The locatiQn and existence of the Inter-tie is the sole ca~se of such interference or expense; PROVIDED, HOWEVER, this condition shall r.ot be applicable if all other causes contributing to such interference and expense existed prior to the installation of the Inter-tie. (ii) Grantor shall have given Grantee advance written notice of its intention to undertake any such construction, to9ether with p~eli~inary plans and specifications for such work, identifying the potential conflict and all design information relating thereto. such notice and plans shall be given in no event later than U!f.L (f) months prior to the commencement of the work. {iii) Grantor shall cooperate with Gra~tee in developing and considering various alternative designs for Grantor's facilities 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 operation of its facilities to enable Grantee to determine the feasibility of any alteration and/or relocation of the Inter-tie located in the license acea described in E%hibit A or Grantor's proposed facilities to avoid or diminish t~e conflict between such facilities. (v) Gear.tor shall amend this Agreement with respect to the license area described in E%hibit A, and Shull prcvide Grantee with such temporary riqhts and such additional license rights on the property as are required t~ accommcdate any alteration and/or relocation of the Inter-tie on Grantor's property so as to enable Grantee to avoid or diminish the risk of dama9e or destruction to, and interference with~ the op~ration and maintenance of the Inter-tie. Grantee shall give written notice to Grantor within two (2) :r.or.ths of Gr:11ntor 's giving to Grantee the notice •nd other information specified in condition (ii) of this paragraph 9, -. -150UR .. \ I I I I I ' • I • • IZ) IZ) (7l 0 rJ) 0 rJ) 0 ... (7l C • • • by which notice Grantee will elect to {a) relocate, protect or modify the Inter-tie located on the property described in Exhibit A, or (b) reimburse Granter for its said added costs. if Grantee elects to relocate, protect or modify the Inter-tie, it shall colT!fflence work promptly and diligently prosecute such work to completion prior to the scheduled date of coavnencement of Grantor's construction. Grantor's added costs reimbursable under this paragraph shall be only those direct and actual reasonable costs necessarily incurred by reason of the location or existence of the Inter-tie located on the property described in Exhibit A. 1a. Widening of Riahts of Way. If Grantor elects to widen or otherwise alter or modify Park Avenue or North 8th Street such that Grantor condemns or otherwise take5 possession of property owned by Grantee that contains any part of the Inter-tie, Grantor agrees to extend the license granted with respect to the property described in EihiOit A to include such newly acquired property at no aCditional 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 bold harmless Granter. from and against all actions. causes of action, liabilities, claims, suits, judgiaents, liens, awards and damages, of any kind and nature whatsoever (hereinaftsr refe~red to as wclaims•), for 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 Agreement. the performance thereof by Grantee or its subcontractors, ir.cluding without limitation the provision of services1 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 Granter: (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 agai,,~C the claim or liability; and (iii} cooperates with Grantee in any defense of settlement against the claim or li~bility. 12. Comnercial General Liability Insurance. Throughout tha period of performance of this Agreement, Grantee shall cazry and maintain, and shall ensure that its subcontractors ~arry and maintain, CoiuGercial General Liability insur~nce with limits of not less than Two Million Dollars ($2,000,000} per occurrence for bodily injury. including death1 daaage or, -5 -ISOlU ' • I • • __ ., .... ..:. I n 0 • • • • alternatively1 Two Million Dollars ($2,000,000) per occurren~e single li~it for bodijy injury and property damage combined. Such insurance shall be in a form and with insurers reasonably acceptuble to Grantor, and shall contain coverage for all premises and operations, broad form property damage and contractual liability {including without limitation, that specifically assumed herein). Any policy which provides the insurance required under this Paragraph 12 shall name Grantor as additional insureds to the extent of the contractual obligation set forth in Paragraph 11 above. 13. Workers' Compensation. Throughout the period of performance of this Agreement 1 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 car(y and maintain, and ensure that its subcontractors carry and maintain, ~players Liability coverage with limits of not less than one Million Dollars ($1,000,~00) per accident. 14. Certificates of Insurance. Prior to the cOI1Dencement of the work, Grantee shall provide for Grantor's review ~od approval certificates of insurance reflecting full compliance with the requirements set forth in Paragraphs 12 and 13 abov~. Such certificates shall be kept current and in compliance throughout the teem of the Agreeznent and sball provide for thirty (30) days advance written notice to Grantor in the event of cancellation. 15. Termination of License. Either party may, upon 6 months advance written notice, terminate the license; PROVlDEO, HOWEVER. that no termination may occur by Grantor during the initial two year period commencing on the date of tbis Agreement. 16. iemoval of Inter tie on Termiuation-Upon any termin~tior. of this Agreetnent. Grantee shall, on or before the effective date of termination, remove the Inter-tie from the license area described in Eihibit A and restore the ground of such area to the condition no~ eiisting, or. in the altsrnative, take sucb other mutually agreeable measures to minimize the impact of th~ Inter-tie on the property described in Ezhibit A. Such work, reaJOval and restoration shall be done at the sole cost and expense of Grantee and in a manner reasonably satisfactory to Grantor. -6 - ,,, .. __ ....,_ ... ., • I • • • • • • 17. Notices. Notices required to be in writing ~nder this Agreement shall be given a~ follows: If to Granto[": If to Grantee~ The City of Renton The Boeing Company P.O. Box :3707, Seattle, Washington 98124-2207 Attention: Director of Facilities Renton Ofvfsion, HIS 63-02 Notices shall be deemed effective, if ~ailed, upon the second business day followincj 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. 18. Assignment. Neither Grantor nor Grantee shall assign its rights, ~rivileges, obligations or liabilities hereunder ~ithout the prior written consent of the other party which consent shall not be unreasonably withheld or delayed; PROVIDED, THAT, Grantee may assign its rights, privileges, obligations and liabilities hereund.er 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.e hereinabove set forth. The City of Renton Sy:~ ~Q"=•n, Title: May~ • . .,;......,_ The Boeing Company through its division, Boeing Commercial Airplane Group By: v;d ,n_,,. l,ff/f/ Title: JZ,,:.t,,, c-( 'fia.o/, Tie", -7 -ISOlD ' • I • • """ In • STATE OF WASHINGTON COUNTY OF ss. ,----_ I f]rtify that I. know E:!Jd --un..er ~1.gned that .:!c was • • • or hove satisfactory evidenca that this instrument, on oath stated a thorized to execute t e · and acknowledged it as the .1JllaJ,t6]C:.,~--,;c--,---, to be the free and voluntary a and purposes mentioned in the of · of such party 11strument. DATED /l\a ~ d-5, l 9 q I STAT£ OF WASHING't'ON COUNTY OF K~ ss. I certify that I know or have satisfactory evidence that :::t:6,P)at::,na...n'k:lg signed this instrument, on oath stated nt that /lg C:::::::---was au~or~zt!d to execute the i'pstrument and acknowledged it as the ~, of hui/;Uen to he the free and voluntary act of such party £or the uses and purposes mentioned in the instrument. DATED _.fi-"';J,,,"'"'.u"'o'-'"t,"'.:)..-"gc.....L/ 'lqJ . a(J{/Y}QµJ~ _!a...-, --:M~-, NOTARY PUBLIC in and for the State of Washington, residing at ~\t/1,& My Ap:pointment Expires: ~-· ' • I . • lr-1 0 ' • • • I • • = ; , ' • EASEHEN~' For and in consideration of One Dollar ($1.00) and other valuable consideration, the receipt of which is hereby acknowledged, THE B0£IUG COMPANY, e Delaware corpor~tion, {"Cr~ntor• heroin), hG~oby grants and conveys and warrants to PUGET SOUNO POWER & LIGHT COMPANY, a Washington corPoration (~Puget• heroin), for the purposes horoinafter aet forth e nonexclu,ive per~etual easement, over, across an~ under the following described real property (the "Pc-opet'ty"); See Exhibits C-l through c-9 Inclu~ive l. Put"oo:se. Puget shall have the C'i9ht to construct, operate, maintain, repair, replace and enlarge an electric transrtission/distdbution substations and one or more electl:'ic trans~isaion and/or dlstC'ibution ltnes, over, under, and upon Property together with all necessary or convoniont apurtenances ...0 thereto, which may include but are not limited to the following; ~ c<1 Transformers, power circuit breakers, and other electrical equipment, Concrete foundation p~ds. Overhead tr-anainission and/01: distribution lines including poles and/or towers with switches, crossams, bt'a.cee, guys and anchoC's. Undergrcynd transmission or di5t~ibution lines including conduits, cables. vaults, switches, and manholea. Overhead and/or undorground COINI\Unic!tlon and signal lines. Access roads. Security fencing, retaining walls end rockeries, Landscaping and irrigation syste11s. 1, EXCISE TAX NOT REQUI= Dra.inag~ and water retention facilities. Ir~ ~~ Control house. _) rng · eeords u1miOJ1 Fiber optics. By &,IMaf Dey II' 2. Clearing, Grading and Maintenance. Puget 8hall h the , Y right to cut and remove or otherwise dlspoGe of any and all brush and trees presently existing upon the Property. Pug,et shall .llso have the right ta control, on a continuing basis and by any prudent and re~sonable me~nsf the establishment and growth of trees, brush and other vegetation upon the Property which could, in tho opinion of Puget, interfere with the exercise of Puget's rights herein Ot' create a hazard to Puget's f.111cilities. Puget shall alaa have the right to excavate the property and rnodlfy the contour of the land to the limited extent necessary to conatruct an electrical subst~tion. 3, Compliance with Laws and Rules. Puget shall at all tira.es exerclse lts rights her&ln In accordance with the requirements (as from time to time amended) and all eipplicablo-statutes, orders, rules and regulations of any public authority having juris~tction. -4. &xclus ive Occup~tion. Puget st\all have the exclusive right of occupation of the •High Side" po~tion of the fenced substation and no other party, including ·Grant.aC', shall h.ave the right to enter upon or occupy that portion of the substation without prior w~i ttdn notice to and pel:'mission frosn Puget. Grantor shall not grant or convey dghte of any kind to any third party for-use of the "~iyh Side· without prior written approval and consent fro11 Puget. GC'antor shall have the exclusive right of occupation of the "Low Side" poC'tion of the fenced substation and no other party, lncl~dlng Pugot, shall have the right to enter upon or occupy that portion of tho svbstation wtthout prior written notice to and permission from Grantor. llowevcr, that in the event of an emeE"gency requiring immediate actlon by Puget and/or orantoC' for the protection of its facilities or other persons or property, Puget and/or Grantor may take such act.ion upon such notice to Puget ancl/or Granter as h A ,,sJ -1- 9 oo '\01S Atu,i-t:-3 9 cc 3552 j ,, ' .. '· i' f., .. ' !~ : ! • reasonable under the circumstances. 5. Puget's Use and Activities. Puget shall exercise its ~ights under this Agreement so as to minimize, and avoid if reasonably possible, interferenco with Grantoi:-•s use of the Pt:"operty as set forth in Par&graph 6, h~rei~. 6, Oran tor'• Use of the Propert~ and AccesS by Granl:.or Ouring Construction. Gra.ntor l:'eservee t E! right to uee that portion of the Property outside of the fenced Substation (the "Unfenced Area" J for any purpose not inconsistent with the rights herein granted, lnc:ludinQ, but not li111ited to, parking and roadway. Provided, however, that Gramtor shall not con.struct or 111,aintain 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 ti11.e 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 Property during periods in which Puget is conducting construction or· other activities. In the evont of an emergency requiring lnunediate action by Puget and/or Granter for tho protection of ite facilities or other persons or property, Puget and/or Grantoc mar take such action upon such notice to Puget and/or Granter as s rea15onable under the circumstances. 7. Indemnity, ey accepting the recording of this easement, Puget agrees to lndei.nify and hold harmless Gnntor froJl any and all clai11.s for d&Rlitges, expenses, actions and claims, including costs and reasonable attorneys I fees incui:-red by Gran tor in defense thereof, asserted or arising directly or indirectly on account of or out of•acta or o•1ssiona of Puget and Puget's servants, agents, employees and cgntractors in the exercise of the rights grant~d herein: PROVIDED, ROWEVER, that PU et shall not b& re.sponsible to Grantor or n daiaa es u ng rom n3ur es to -tci, any person cau:,ed y't"cta or om ss ons of Gran tor:· &;;! 3 ,w:3..:\} ....,-t---\ e. Abandonment. The rights herein granted shall continue until such tl1ae ae Puget coases to use said property for a period of five ($} successive years, in which event this oasemont shall terminate and all rights hereunder shall revert to Grantor, provided, that no abilndoma.ent shall be deemed to have occurred by reason of Puget's failure to initially lnatdl its facilities on the Property within any pe~iod of time from the data hereof, 9. Not.ices. Notices required t.o be in wrlting under this Agreement shall be given as follows: To Grantor1 Boeing Comme~cial Airplane G~oup d 1v ia ion of To Puget; THE BOEING COMPANY, Attention: Facilitiea Dfrector Phone: 237-9381 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 States Mails, postage or upon delivery thereof if otherwhsa given, Either party may chango the addross to ~hich notices may be given by giving notice as above provi~ed. 10. Access4 Puget sh,dl have the right of reasonable access to the Praperty over and across adjacent lands owned by Grantor to enable Puget to exercise its rights hereunder, provided that Puget shall compensate Granter for any d4mage to tha Property caused by the exercise of said right of ~cce1s. l l -Successors and Ass i*ns. The rights and obligations of the par:-ties shall inure to t e benefit of and be bindin'il upon their respective successors and assigns. ·2· 9 DC 3552 • I ... ! ' l ! DATeO ---day of ------- PUGETi Puget Sound Power & Light company, ~ Washington corporation BY: ITS: Director Real estate ST~TE OF WASHINGTON) ) ss. COUNTY OF KING ) • 19_. GRMITOR: On thia ?-7m day of fl~ , 197'~be!ore 111e the under"signed pe"nionally appe~ed,:J,,,;,2&. ffe~ to me known to be the ~;t: 17. ~ -~·,&,'.2'2. :;;;reap Ively, of B88Ul6 88111\SASP.i.rn ¥ROOP' 41'.Aati: of ?HE BOEING COMPANY. the ....0 corporation that executed the foregoing instru~ent, and ~ acknowledged the said lnstrunent ta be the free and voluntary act C'"1 and de~d of said corporation, t'or the uses ~nd pi.n:poses therein ;: mentioned, and on o.1t:h stated that he authori.zed to execute the c::) said instrument. ~ year f lrs t above STATE OF WASHINGTON) ) ss. COUNTY OF KING ) the day and n and or t 1,-Jj t~ resldlng et ?en#&--: expires ? -/~-rt On this day of , 19_, before me the undeJ:'s lgned per1E1onaUy appeared to me known to be the Director Real £state of PUGfT SOUND POWER & LIGHT COMPANY, the corporation that executed the foregoing inat.rument:., and acknowledged the said inotrumont to be the freo and voluntary act and deed of said corporation, tor tho uses and purposes therein mentioned, and on oath st!ted that is authorized to execute the said instrument. 'WITNESS my hand and official seal hereto affixed the day and year first above w~ltt~n. Notary Pubilc In and for the State of Washington residing at~-~~~ My commi$slon expi~ea ~~~---~ -3- !I DC 3552 .. ' • I ""' ! ' > • ESMlnc. -p.ECEWED Mr>.Y o :11991 eEC 010.\NEE!\S A CIVIL INGINURINC. LANOSUR'V.EY, ANO PROJECT MAN'AC£MENTCONSUlTINC FIRM Boeing/Renton Easamente Job No. 424-l~-910 May 2, 1991 D.lfl fJIT C• l LEGAL P!lSCllIJ/'l'IOll FOR THE POGET POWER PORTION 0~ SUBSTATION lk>. l That portiQh ot the northwest quarter of sections, Township 23 North, Range 5 East, W.M., City ot Renton, King county, Was~ington, more particularly de5cribed as tollowa: COMME'NC~G at an exigting monument on Park Avenue North 8hown as P.c. A O+OO on the 'A' Line on sheet 2 of 5 of the Washington State Oeparbnent of Highway Plans !or "PSR l (SR 405) North Renton Interchange" as approved April 27, 19651 THENCE N 22·22 1 08 111 E, 418.34 feet to ~n existing monument shown as P.T. A 4+28.Jl on said plans, THENCE s 7o•se 1 29• 11, 19s.,2 feet to the TRUE POINT OF BEGINNlNGI THENCE N 1o•s2 1 s1 11 E, 38.84 feet1 THENCE N 39"24'5611 w, 66.28 feet; THENCE s 87"01'57n w, 13.47 feet; THENCE s 50•44,54 1111 w, 40.52 !eet; THENCE s J9"19'JO" E, S2.50 !eet; THENCE s J2"09'4711 w, l9.9l faet1 TIIENCE s 39"19'30" E, 10.50 feet; TH?NCE N 50"2B 1 J0fl E, 40.51 feet to the TRUE POINT OF BEGINlllNG. Containing· O .. \13 acres (4,943 square feet), 1'Qte or less. see attached Exhibit Written by: C.A.G. Chacked by: R,S.M, 18:129 'Hl f'owcll~venue S..W. lulce 100 "A". • RMloo, w,uhlng1on, ,aou • .. I. ---------:- .• • I - EXHIBIT "A" TO ACCOMPANY I.EllAL CESCRIP'TION RlR TI-IAT PORllON OF S\1BSTAT10N NO. t TO SE COIIVE'l'm TO PUGET POWER A PORTION OF Tt£ NW 1/4 OF SECTION 8, lWP. 23 N .. RO£. ~ E .. W.M .. Cl'TY OfT RENTON, ldNa COUtm'. WASHINGTOll HORIZONTAL DATUM: OWN'ERSlfP WJ>S SY HORTON DENNIS AAD ASSOCW£S, INC. Ft>R M BOEU'iO ROiTON PlJffl fQJTU!S, OOONG JOO NO. Ji5tl29Ji, OAAWING NO. S-®71 DAlED W.Y 12. 1960 (HOA. INC. JOB NO, 44390) O(lSTING MOHIArOO, SHOWN IS P.C. A o+oc ON lHE •,._• UNE ON SHUT 2 Of 5 Of W!ji.O.H. Pl>NS FOR •psn 1 (SR -408.) NORTH RENTON IHTERCHNCE" IS APPROVEO >PRIL 27, 1965 JOB NO. 42<1--01-910 DATE" : 05-02-91 CRAWN : C,A.Q, Ctl[Qc;ED ; RSM D!Vt'WIHO NAME I C<H-A-0 SHEET 1 or 1 EXlSTINC MONUMENT', SHCYi'N AS P.T. A ++2D.l3 ON lHE •;.• UJ.JE ON SHEE'1' 2 OF 5 OF W.S.0.H, Pl.ANS FCIR ·~ 1 CSR 4D5) NORTH R£NTOH Nl'ERCHNIGE'" AS APPRCl'w'Ql APRIL 27, 101JS I SCALE: 1" • 60' ESll inc. l--------- 141 ~ //NfHJll. &.W,. Iii.WM 1CO ---~ (ZN] Z.U-tal • .. • -----------~-~------ - - 5 3 -' 31 .. •a ·-1 ~ ;'{ -.D EXHffiIT C2, PI\GE l ESMinc. A. CIVIL INGINEERINC, LANDSURVEV,AND PROJECT MANAGEMENT CONSVI.TING FIRM Boeing/Renton Easements Job No. 424-10-910 Revised Hay 24, 1991 LEGAL D&SCRlPTIOH FOR 'l'l!EJ P1JG ET P011CR POI\TrON OF SUBSTATION NO, 2 E'Mf/6/T C·Z That portion ot the southeast quarter of section 7, Township 23 North, Range 5 East,.··:'Jf,K., city of Renton 1 1<ing county. Washington, more partia\tl.arly described a5 tollo~s: COMMENCING at an existin!; monut1ent on Park Avenue North shovn as P.C. A o+oo on -.the 'A' Line on Sheet 2 of 5 or tha Washington State t>epartmant ot Highway flans for ~PsH 1 (SR 405) North Renton lhl:erchange" as approved April 27, 19155; ...0 THENCE N 22'22 1 08"' E, 418,34 fee.t to an existing monument g Shown as P.T. A 4+2B. 33 en said plans; ,..... THENCE S 31.30'23'1 W, 29112.93 feet to the TRCJE POINT OF ~ BEGINNING F O' THENCE N 89"11'59'1 ff, 441.00 t'eet: THENCE N 00·27'3B 11 E, 1Sc5J f'ect7 THENCE s 99•32 1 22.11 E, 3 .• ~o feet; THENCE N 00·21 1 '.38" E, 13.!Z.oo feet: THENCE S a9•42,5211 E, 40USO feat; THENCE' s oo·i7'J8 11 W, 152".!H fe11t to the TRUE EEG INNING, containing o.uJ acres (-6.,240 square .taet), Se4 att~ched Exhibit "G~ Written by: C,A,G • Checked by: ~.S,M, 18,l40 RftltCII, W.uhlngton, 9SOSS POINT OF , .• ' • ... ' ,· . ' ; .. EXHIBIT C2, PAGE 2 EXHIBIT "G" TO =i!PANY 1.fG.11. DESCRIPTION FOR m\T POR'llON OF SUBSTATION NO. 2 TO BE CON'/EYm TO PUGET POWER A PORnoN OF THE SE 1/4 OF StcnoH 7, TWP, 73 N,. RO!. 5 E., W.IJ., C1rt OF' RENTON, lat«. COUlflY. WASHt!GTQN EXISTlNO 7' N~H CHAIN LINK FENCE wrnt O\IERHOO BAAS WJRE ON A fj WlO! CONCIIETE RETAINING WAI.!. AS lOCAm> ON 05-2l-9t S 8VJ.Z7r E J.50' N 00"27'.lB" ='-t::;;:;;::L~~'...-:.k----j 1S.5J' «.OD" N 1'9'1t'9"·w .EXIST»IG MONUMENT. SHOWN AS P.T. A 4..,:za,.33 OJI TH£ "A• UNE ON SHEET 2 Of' 5 OF W.S.D.H. A.MS FOR "PSH I (SR 4~) JrjORJH RENTON iNTERCHANG(' l+5 APf'ROVED APRI. 2,, 1985 O:,U( FOIHT OF S!CINNfNG SCALE: 1" • 50' HORIZONT/11. IMTUM: / ElOSTiHG LCOHUMENT, Sl-fOWN AS P.C. A O+oo ON fH( "'A" UN£ ON SHEET 2 OF 5 OF' W.S.D.H. PlNfS FOR "PSH I (SR 40S) NOR1H RO.!TON IN'tUICHANG~ A.S APPRO'tED APRIL 27, 19'11:5 I I I OWNERSHIP ~PS 8Y HOR'TON CO.MS Al-ID ·ASSOOAltS, INC. r.oR ~£ itOE!NC. RENTON PLAH'T f>iauTIES, 800NC J08 HO. J5U9J. OOA'MlrfC NO. S-0071 DAlED W.Y 12, f980 (1-tllA. INC. J08 HO. "390) J09 HO, 424-1Q-!110 OAT'E : (»-2+-Q1 DRAWN : CAG . CH£CKF:D : RSM ORAWINC: N.4.Mt : EXH-Q SHEET r or 1 I I l 1--------------, • .. • f ... • ESMinc. Ii CIYIL ENGINlfR INC, LAND :SVRV\ Y, !IND P'kOJECT MANA.CEMENT CONSULTJNO FIRM Boeing/Renton Ease~ente Job No, 4~4-10-910 May 2, 1991 LEGAL DESCRIPTION FOR POWER LllfE ll.SEKn'r That portion of the Northwest quai;ter ot Sections, Township 23 North, Ranges East, W.M., City ot ~enton, king County, Washington. being a 30 Coot wide strip ot land, lying 15 feet on ea.ch side O! the following described centerline: COMMENCING at an existing monU11ent on Park Avonue No:th shown as P.C. A o+oc on the 'A' Line on Sheet 2 ot S of the WaGhington state Department of Highway Plans for ~PSH 1 (SR 4.0S) Nortt\ Renton lntarchangart as approved April 27, 1965t THENC! N 22•22 1 08" E, 418.J4 feet to an existing monument shown as P.T. A 4+28.JJ on said plans; TH&NCE N B6'50'~J" w, 248.eo feet to a line which bears u ,0•44,54u E, and the TRUE POINT OF BEGINNING: THENCE N 39·1s'06" w, 29.82 reet, more or los9, to the Northwesterly boundary of Parcel I-so of the Boeing Com=arcial Airplane co~p~ny-Renton Plan Facility, being a line which bears N 49•5)'02 11 E and the end of this centerline description. See atta.ehed Exhibit "0", Written by: C.A.C. Checked by: R,S.H. 18:132 ,.n Powcn ,',"e~ s.w. Suh1? lOO Rt:nron. Wuhrn;,on, 9eOS5 ' . I ,• ' • I .. } ' ' ' ' : • lllolIBIT CJ 1 PAGE 2 EXHIBIT "D" TO ACCOMPANY lEGAL DESCRll'llON FOR POWER E:ASMENT AT SUBSTATION NO. 1 A PORTrON or TMt HW 1/4 OF SEC'r!ai B,. lWP. 2J N.. tlCE. 5 £.. W.t.r.. CITY OF RENTON, KING COUNTY, 'N.SH!HGTON JO' POWER rASEMENT (15' OCH SlDE Of r:t1'1rRUN£) CL • N' 3;" I 5'06'"W 29.62' CCJ:ITING MONUMDII', SHOWN 1 AS P.T, A ++28.JJ OH THE •J( Uk£ ON SHFXT 2 OF ~ CW W.S.0,H. PlJH$ FOR 'P°" I fSR 4051 NOl'1H RENTON fllTEACHANGE" AS APPROV(l) APRIi.. 27, 1915S __!! ~0'4J" W 2'49.SO' ---- ~ONTAI. OATUM: OWNERs .. MAPS BY HORTON DENMS MD A.SSOCIATES, NC. FCR n-tt 800NG Ran'ON PLANT F'I.C/Um:s. BOONG JOB t<O. 3:,.&29J, DAA'MNQ NO, S-0071 CA.TEO MAY 12. 1980 (HIM, INC. JOB NO. 44390) 0:JSTINC MONUMEh'T, SHO'tYN AS P.C, A. o+oo OH lHE • It UN£ ON SHEET 2 OF 5 Of W.S.0.H. PWiS FOR •PSH 1 (SR 40$) NOR01 RENTON fK'l'ER<:~G~ ~ IPPROl/£0 APRlL 27, 1965 JOa NO, 424-01-910 DATE : ~02-91 OR-.Wtl ; CAQ, CHECKED : RSM ~WINC KAME : EJ(H-A-O SHEET 1 OF" 1 SCALE: 1" • 60' ESll inc. .... _______ _ ... , ~ ~ &W. Nn: 100 ~.~HOU ""°"" t:awJ m-ffll ' ' (.· •• : ··-·--·~------~-t-. ,' .. • I ' . ' ! ' ' ' : • ,· {..YJIIBIT G·4 Guy Stub Anchor Easeaent 14 An easement tor guy stub anchoring purposes over, under, and acrosa a portion of :r..ot 4, Block 3, Renton Farll Acreega aa rec:ordad in Volu.o li of Plata on page 37, Records ot King County, Washington, more particularly described as follows1 C01'D!ENCING at the ooutbeaat corner of said lot 41 thenc;:a North 1·05•3411 East along the east line thereof' 103.60 feet to the POINT OF HGINNINGr tbenoe North. aa·S4 1 26" West a distance o! 18.00 feett thence North 1"05 1 34" Eaat a distance ot 10.00 teetJ thence south se•54•26" East a distance of 18,00 teet to the east Lina ot soid lctr thence south 1•0,1 34• wast a distance o! 10.00 teat to the POINT or BEGINNING. containing an area ot 180 square feet. 91570/4 W.O. NO, 9009044 • I ... ,· 5 , ; : - '' -- N 8TH ST - I I I I .... -------- 1 I -s\..ocY-1 "' "' g 2 z 5 I -,.._ @ ~ I CT-<{ _, "' r,..cR'€.f>..G" ,. z f; lLJ f J>.1'1-VI I Cl I 0 a:: R'c:.i,1'101'1 ,7../11 I " <t I (!) 'JO\..· cY-'}.. '3\..0 J S 80'M'26• t \ 18.00' H 01J)5'J-44 £ ~. ·g I 10.00 111 g l'4 ss,•·::e· w 1 ,s.oo ~ ; I 5 t~1.:1,1 C-</ SCALE ,·-so' RECORD OWNER PUGET TOTAL PARCEL AREA EASEMENT AREA 1ao± s.F. POWER DATE WO NO: 9009044 PROPER IY MAP -EAS<MENT AREA 91570/4 HAMMOND, COLLIER ,lo WADE -UVINOSTONE A~OCIA TES, INC. ' ,- .. • ... ' , ' ' Guy Stub and Anehor £as811ent f 5 An easement tor guy stub and anchors over, under, am! actoss a portion ot lot 1, Blog)( 3, Ranton 7arm Acreage as recorded in Volume 12 of Plata on page J?, Records or King County, Washington, ~ore particula~ly desgribed as follows: COMMENCING at the northeast corner of said lot 1; thence South 1•05 1 34• West along the oast line the~eof 48.24 feet to the POIN'l' OF BEGINNING> thence South e&•sg•o&" West a distance of 34.lG feet, thence south 3•00 1 54n East a dista~ce of 10.00 te~t; thence North 86·59 1 06TI East~ distance of 3~.44 feet to the east line of ••id lot 11 thence North 1•05134" East along tha east line thereof 10,0J feet to the POIN'l' OF BEGINNING. Containing an area of 338 square teet. 91570/5 W.O. No~ 9009044 • I - '. .. -- S 89'27"25• E N 8TH ST -r-- VACATED ol I VACA TEO I ..,, I "j--1 i~~g·os· w\ 11.24·-I---------- !i 03"00'5,t• E ',•:,•:.·.•:,:·. ·.-10.0:r 10,(,10' N as~u·mr ~} • 1 ll.44' " " '. ~ ;; ~ ,._c~f .. 1'-Gt r ,,._~\.II -.,) z ~t~ ,o~ 'I '2.' :i 1 ~ e,\.ocV.. :, I~ M \jQ\.· ·':I-'2. I'--5 S\.0-' 4 0 I N I I Cl' 2 I z w I I a I a:: <C 0 - J .• ! : t • ~ : f 1 /, ;/,;,' C-s-SCAlE 1"-50' RECORD Ol'<NEH PUGET TOTAL PARCEL AREA EASEMENT AREA 3J8± s.r. POWER I OATE WO NO: 9009044 PROPERTY MAP -EASEMENT AREA , 91570/5 HAMMOND, COLLIER & WADE -U"1NGSTONE ASSOCIATES, INC. ... .. exHl'BI T C·C. Guy Stub and Anchol;" Easement 16 An easement for iUY stub and anchors ever, under, and acros~ a portion of the southeast quarter of the northwest quarter or 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 intorsection ot the northerly extension ot the centerline ot Garden Avenue North as shown on the Plat ot Renton Farm Acreage aa recorded in Vclume 12 ot Plats, on page 37, Record, of King county, Washington; thence south 89'27'25" Eaet along the eouth line of said subdivision 42,00 teat to the POINT OF BEGINNING: thence North 1'05 1 34 11 EDat a distance of 41,59 feet, thence South 88'54 1 26" East a distance of 10.00 feet, thence South l'OS 1 34" Wast a di5tance of 41,49 faet to the acuth line or said subdivisioni thence North 89"27 1 25 11 We$t along said. south line .:.o.oo feet to the POINT OF BEGINNING. containing ~n area o~ 41S square reet. 91570/6 W.o. No. 9009044 --------------------..... :----·-·-·-~·-........... '-,. •• "")"':',"IT,<-.. ·~· -• • I ... : i ' ; • . . s se.·,4·2e· E PORTION Of SE, NW, 10.00' SEC. 8, T23N, R5E, WM N <11'0!1o'J4" t: 41.5t' '"'-.. .· / S Ol~'J.4" W '.•: 41.49' .... ....... .\2.00" •:,· . _ .. 10.00r-- I g I N 8TH ST S 88'!!'.,15. t . I I g + I I VACA ml 30' 30" -------. ----- ~ 1 ~ 6 ~ £.!'-Gt -r 1>-?-"" f>,C'i',: ...0 ...0 z ~tl'\'o\'-1 '2. :i1 0 C") -I~ '10\..-~opl<-'1-b I I N <( 5 4 'J' 2 I I I z w 0 c::: <( (.!) 3 ~.;.4,i,-1 c.' SCALE 1"P50' RECORD OWNER PUQJ:T TOTAL PARCEL AREA EASEMENT AREA 415± S.F. POWER DATE WO NO: 8009044 PROPERTY MAP -EASEMENT AREA 91570/6 HAMMOND, COUIER & WADE -ll"1NGSTONE ASSOCIATES, INC. . ' \ • . . I ... • .•' C:.XH/'l}IT C.-7 Power Pole and •.rrana1111Bsion Line Easement f7 An easement tor power pole and tranamiasion line over, under, and across a portion cf the Southeast quarter of the Northwest quarter of Saction 8, Township 23 ~orth, ~anga 5 Bast, W.M., more particularly descrlbod as follows: BEGINNING at a point on the south line or said subdivision at the east margin ot Garden Avenue North, formerly known as Garden Streett thence Not"th o·J6 1 07 11 East along aa.ld east urgin 253.26 teet to a point of curve to the left of said east ~argin1 thence North a2•07•34• East a distance ot 18.18 fe1t1 thence south 7'52 1 26n East a distance of 258.68 taet to the south line of said aubdivieion1 thence North 89'27 1 25" Hast along said south line 56.ll feet to the POINT OF BEGINNING. containing an area ot 9,445 square teet. 91570/7 W.O. No. 9009044 I I r f =--I --------.,,----.. --,-.... ,.,.,.,-.,., .. ,..,,,.,.,.............,.," ... ,,~. :l:.. , • I ... .. . . -N 82'07°34• E ,1,, ,e.,a· .. 3 "' PORTION OF SE, NW, l SEC. 8, T2JN, R5E, \\'M .. ~ ~ -I " . '" sJ) I a sJ) ~I ll ::~ ?l 8 -z ::. !l ,.._ 0 N 30' JO' (J' ..... ........ ---- N 8TH ST b :)IS,11 -,.., -s B9'2rw· .! ' ' rf., 0 I ' ' VACA TEO ' + 'l" + "' ,_ -------------------------------- 1 -z ~ 5 • 3 Gt. 2 2 < 1 'z I I I I "1-l>,C\<,t. i I I 'W I I fl>,~ /:>J l I l ,_ Q 1<-tl-l I o\-1 \J CJ\.· f2. Cl'.'. < {!) 3 2 I-G 7 8 9 10 I E:d,, /.-1 C-? SCALE 1•d100' RECORD OWNER PUtlET TOTAL PARCEl AREA EASEMENT AREA 9,455:1: S.F. POWER DATE WO NO< 9009044 PROPERTY MAP -EASEMENT AREA 91570/7 HAMMOND, COLLIER & WADE -U\llNGSTONE ASS0C1A TES INC. ' I .. ' • ' I = HAMMOND, COLLIER e, WAOE -UV1NGSTONE ASSOCIATES, INC, CONSUL TING ENGINEERS Boeing/Renton Easefflents w.o. 9009014 April 24, 1992 C1'1+1 BIT C.-8 LEGAL DESCRIPl'ION FOR PUGB'I' POWllR LINE, SHUPFLETON STEA!! PLANT PROPERTY TO BOJ::ING 12 SUBSTATION VIA LOGAN AVENUE THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 8 AND THE EAST HALI' j OF SECTION 7 ALL IN 'roWNSHIP 23 NORTH, RANGE 5 U.ST, W.M., CITY OP' 0 RENTON, l<ING COUN"l'Y I WASHINGTON, MORE PARTICUU,RJ..,Y DESCRIBED AS C"'1 FOLLOWS: b ('-I (J' A 50 FOOT STRIP OF LAND BEING 25 FEET ON EACH SIDE OF TIIE FOLLOWil!G DESCRlBEO CENTERLINEJ BEGINNING AT A POrNT ON THE BOUNDARY LINE :BETWEEN THE BOEING COMPAN't AND PUGET SOUND POWER ANO LIGHT COMPANY I (AS ESTABUSHEO BY RENTON I.QT UHE ADJ11Si'MENT 004-88 AF NO. 8808309006 VOLUME 62, PAGE 143); DISTANT 30.91 FE'ET NORTH 14'36'26• WEST FROM '1'HE NORTHWESTER.LY MARGIN OF THE ABANDONED BURLINGTON NOR'l'HERN RAILWAY RIGHT-OF-WAYJ THENCE SOUTH 'l'06 1 ~ln NEST 405,46 FEBT; THENCE SOUTH 40'39'4lfl WEST 745,15 FEE'l'l THENCE SOUTH 0"22'48 11 WEST 699,24 FtE'l' TO AN INTERS£CTION WITH 'I'H.E EltSTERLY MARGIN OF LOGAN A VENUE 1 THENCE. CONTINUIHG SOOTH 0"2.2 1 48 11 WEST 12.44 FEET TO THE EAST WEST CENTERUNE OF SAID SECTION 7 DISTANT 71,15 PEET SOUTH 89.52'15" ll!ST FROM THE EAST QUARTER CORNER OF SAID SECTION 7 AND DISTANT O.l2 FEET SOUTH 89.52 1 15" WEST FROM THE EAST MARGIN OF IJJQAN AVENUE WHICH IS THE SAME AS THE llEST !IARGIN OF SAID ABANDONED BORL!NGTON NORTHERN RAILWAY RIGHT-OF-HAY7 THENCE CONTINUING SOUTH 0"22 1 48" NEST 525.59 FEET TO AN ANGLE POINT DISTANT l. 99 l'EET WEST OF THE: EAST MARGIN OF LOGAN AVENUEJ THENCE SOUTH 4"06'44• WEST 200.40 FEET, THENCE ~ORTH 89.00'26 11 WES'l' 81.40 FEET 'l'O A POINT ON THE EAST LINE OF BOEING 12 SUBSTATION DIST~T 124.50 FEET NORTH OF "l'HE SOUTHEAST CORNER OF SAID SUBSTATION SITE AND TER'flNUS OF THIS CENTERLINE DESCIIIPTION, EXCEPT ANY PORTION OF SAID 50 FOOT STRIP LYING WITHIN THE LOGAN AVENUE RIGHT-OF-WA¥. . . • I .... = J 5 50' 90' RECORD Ov.NER TOTAL PARCEL AREA EASEMENT AREA DATE 4-24-92 1026.9+ 7 z ~ :1 8 .... I 11 1 1' ABANDONED B.N.R,R. CO. 100 R.O.W. 2649,61 S89'30'32"E -t-0 POWER LINE ALIGNMENT LINE DIRECTION I DISTANCE 1 N51 '06'51 "£ 405.48 2 N40'39'41"E 745.15 3 S00'22'43"W 1237.27 4 ND4'06'44"E 200.40 5 589'00'26"£ 81.<40 TWP. Z3N., R.5E.,W.M. t .. • 300' BOEING COMPANY N/A N/A PROPERTY MAP -EASEMENT AREA PUGET POKER WO NO: l1000014 "------HAMMOND, COLLIER & WADE -Ul1N0STONE ASSOCIA'IES, INC, -----"' "'===----------------·---·--,._--."::;,,, \':':'._·~":':-.. ~·.{: :i'f:':, ,(,' ,.,:-: .• ' ' • • .. ... • EASEMENT OF OVERHEAD TRANSMISSION AND UNDERG~OUND FAC1LI1'ES EXHIBIT C-~ EXcept as may be cthgrwlea ~Gt forth h~rein Grantee's right shall be axercisad upon that portion of the Property described as follow: That po~ion of the southeast 1/4 of S$cticn 7, Township 23N., Range 5 £WM., City cf Renton, king County, Washington, being a portion of Govern111ent Lot 2 ot court Cooiesioners Plat as lyinq between the Burlington Northam Rail Road on the weat; Park Ave ff.on the east; and Lake W~&hington Blvd. on the north. Grantor grants A right of var Ten (10) feet in width having Five (5) feet o! width on each side ot a centerline described as follows: Beginning at the most Northorly property aoner ot the above deacribed ::8 property, thence southwesterly along the Westerly property line ~ thereof 400 feet; thence Easterly at a right ~ngle to said westerly ,-~ line to the Northerly margin of Park Ave. N.: thenC4i Northerly along eaid margin to tb.e intersection of Garden Ave. N.: thence Hortherly ~ along the North property line thereof to the point ot beginning. N <J' •--------------------·-·,·,,,., ___ .,,_ 1·· ' ... • ' .. • - £X/.ll/JJT C·'f ~-~-------- / J = Jl--------------5 " '. CW(~. • CCU.IL 8 \IND SU..ltl . .. . . . ..... " ~ ..... ......... , IZl ace \/ ' ' IJT PAR~ AVE N, \ I = .. I .. GEOTECH CONSULTANTS. INC. FF Development, LP. 5510 Morehouse Drive, Suite 200 San Diego, California, 92121 Attention: Robert L Reinero oevi~~ JUN 2 2 2006 :3256 Northeast 2Dtl, Street Suite 16 Bellevue, Washington 98005 .. El''E.0 (425) 747•56!8 FAX (425) 747-85(,1 -----jRKl&~c>l-1~_. ~--------~- June 15, 2006 JN 06162 Subject: Transmittal Letter -Geotechnical Engineering Study The Landing -Phases 1 and 2 Garden Avenue North Renton, Washington Dear Mr. Reinero: via email We are pleased to present this geotechnical engineering report for Phases 1 and 2 of The Landing, which is a multi-family residential development to be constructed in Renton, Washington. The scope of our work consisted of exploring site surface and subsurface conditions, and then developing this report to provide recommendations for general earthwork and design criteria for foundations, retaining walls, and pavements. This work was authorized by your acceptance of our proposal, P-7034, dated April 27, 2006. The attached report contains a detailed discussion of the study and our recommendations. Please contact us if there are any questions regarding this report, or if we can be of further assistance during the design and construction phases of this project. Respectfully submitted, GEOTECH CONSULTANTS, INC Marc R. McGinnis, P.E. Principal cc: Structural Engineering Solutions -Paul Feather via email ARK Architects -James McConnell via email GB/MRM: jyb FF Development, L.P. 5510 Morehouse Drive, Suite 200 San Diego, California, 92121 Attention: Robert L. Reinero Subject: Transmittal Letter -Geotechnical Engineering Study The Landing -Phases 1 and 2 Garden Avenue North Renton, Washington Dear Mr. Reinero: June 15, 2006 JN 06162 via email We are pleased to present this geotechnical engineering report for Phases 1 and 2 of The Landing, which is a multi-family residential development to be constructed in Renton, Washington. The scope of our work consisted of exploring site surface and subsurface conditions, and then developing this report to provide recommendations for general earthwork and design criteria for foundations, retaining walls, and pavements. This work was authorized by your acceptance of our proposal, P-7034, dated April 27, 2006. The attached report contains a detailed discussion of the study and our recommendations. Please contact us if there are any questions regarding this report, or if we can be of further assistance during the design and construction phases of this project. Respectfully submitted, GEOTECH CONSULTANTS, INC. Marc R. McGinnis, PE. Principal cc: Structural Engineering Solutions -Paul Feather via email ARK Architects -James McConnell via email GB/MRM: jyb GEOTECHNICAL ENGINEERING STUDY The Landing -Phases 1 and 2 Garden Avenue North Renton, Washington This report presents the findings and recommendations of our geotechnical engineering study for the site of Phases 1 and 2 of The Landing, in Renton. The Vicinity Map, Plate 1, illustrates the general location of the site. Development of the property is in the planning stage, and minor details, such as finish floor elevations and final site grades are still undergoing slight modifications. Based on preliminary conceptual development plans and discussions with representatives of Fairfield Residential, LLC (aka FF Development, LP.) and ARK Architects, we anticipate that the property will be developed with two multi-story apartment buildings. The southern building has been designated as Phase 1, and will be constructed before the north building. Each of the two structures is to consist of four to five floors of living units over one to two levels of parking. The parking will extend under the entire footprint of the buildings, including the space below the internal courtyards. For Phase 1, we understand that the elevation of the parking garage floor will vary between approximately 25 feet and 29 feet. Some portions of the structure will have backfill placed around them to depress the lower parking garage floor below the surrounding finish grades. A central access drive will be provided between the two buildings. We expect that this area will be filled above the existing grade and paved for access to the parking garages and main floor retail space. The streets and sidewalks around the site will be reconfigured, and a new street (North 10th Street) will be created along the south side of the property. SITE CONDITIONS SURFACE The site is a large, approximately 8-acre, roughly triangular-shaped parcel located about Y.-mile south of the southern end of Lake Washington, as shown on Plate 1. The property is bounded to the east by Garden Avenue North, to the west by Park Avenue North and existing Boeing property, and to the south by a continuation of the old Boeing parking lot (owned by Harvest Partners). North 1 oth Street will separate the subject site from the adjacent southerly parking lot property. In the 1940s, Boeing developed their Renton plant area to support building airplanes for World War 11. After the war, the factories were used to build commercial airplanes. Large asphalt-paved parking lots were constructed for the thousands of workers at Boeing. Construction of the parking lots occurred over peat bogs and swampland, and required the placement of up to about 10 feet of fill over hundreds of acres of land. The subject property was originally used as a parking lot for Boeing employees but the pavement, and approximately 3 feet of fill beneath it, have recently been removed over the entire property. The existing site grades are now around Elevation 27 feet. At the Fairfield site. remnant piles are scattered about the site, which may indicate that some previous factory buildings may have been located on the site in the past. However, we understand that the site has been used primarily for parking for many years. The ground surface over the property is generally flat and at an elevation of 6 to 9 feet above the current level of Lake Washington, which is typically controlled at Elevation 20 to 22 feet depending GEOTECH CONSULTANTS, INC. FF Development, L.P. June 15, 2006 JN 06162 Page 2 on the time of year. The ground surface over the entire 8-acre site is generally bare fill soil, which was exposed during recent pavement removal and stripping of about 3 feet of fill off the site. SUBSURFACE The subsurface conditions were recently explored by drilling seven test borings at the approximate locations shown on the Exploration Site Plan, Plate 2. The test borings extended from 81.5 to 96.5 feet below the ground surface. The field exploration program was based upon the proposed construction, required design criteria, subsurface conditions revealed during explorations, and the scope of work outlined in our proposal. We were also provided with the draft logs of five test borings that had previously been conducted on the property by GeoEngineers in 2005. The borings drilled for this study were conducted on May 11 through May 17, 2006, using a truck- mounted, mud-rotary drill. In order to reduce the amount of soil heave (saturated soils under groundwater pressure pushing into the boring), all of our borings were completed using mud rotary techniques, which involves injecting a bentornte clay and water slurry into the boreholes to hold back the heave. Samples were taken at 5-foot intervals with a standard penetration sampler. This split-spoon sampler, which has a 2-inch outside diameter, is driven into the soil with a 140-pound hammer falling 30 inches. The number of blows required to advance the sampler a given distance is an indication of the soil density or consistency. An engineering geologist from our staff observed the drilling process, logged the test borings. and obtained representative samples of the soil encountered. The Test Boring Logs for borings GB-1 through GB-7 are attached as Plates 4 through 23. We have included the draft logs of the previous borings as an appendix to this report. Soil Conditions According to the Preliminary Geologic Map of Seattle and Vicinity (Waldron, et. al., United States Geologic Survey, 1962), the general site area is underlain by Quaternary alluvium consisting of interlayers of sand, silt, organic silt and peat. These soils that underlie the site and vicinity were deposited by rivers and streams that have meandered through the Renton valley since the recession of the Vashon Glacier, over 13,000 years ago. We have found the composition and density of these alluvial soils to vary widely through the Renton area, as the density and gradation of the soils depend on the velocity of the flowing water that originally deposited it. Fine-grained, silty or organic soils can often be found in old oxbows and lakes that have been covered over by subsequent deposits. The site vicinity was once part of Lake Washington, and up until the early 1900s much of the site vicinity was under water. In 1916 the water level in Lake Washington was dropped approximately 10 feet by construction of the Montlake Cut and Lake Washington Ship Canal. The ground exposed after lowering of the lake included lake sediments, mud, peat bogs and swampland. During World War II and aftenwards, fill was placed over the exposed swamp, mud, peat bog soils for construction of airplane factory buildings and parking facilities. We have prepared two simplified geologic cross-section sketches to illustrate the interlayered soils encountered in our borings at the site. Simplified Geologic Cross-section Sketch A-A', Plate 24, depicts the soils encountered in borings GB-1, GB-6, GB-7, and GB- 4, which extend generally north-south down the site. Simplified Geologic Cross-section Sketch B-B', Plate 25, depicts the soils encountered in borings GB-5, GB-6, and GB-2, which extend generally east-west across the site. Silt, organic silt, and peat soils are represented by brown colors on the cross-section sketches; likewise, sand, sand with silt and silty sand are represented by gray colors on the cross-sections. GEOTECH CONSULTANTS. INC FF Development, LP June 15, 2006 JN 06162 Page 3 Fil/: The near-surface soils encountered in the explorations consist of loose to very dense gravelly silty sand, which extends to depths ranging from 7.5 feet below the ground surface (bgs) to 12.5 feet bgs. These gravelly soils represent the average 10-foot-thick layer of man-placed fill covering the old lake bottom area at the south end of Lake Washington. Occasionally small pieces of wood and other small debris were observed in the fill. The fill contains considerable gravel and includes cobbles and possibly small boulders. As discussed above, driven piles were installed in the past on portions of the site. It is possible, therefore, that other buried obstructions, such as utilities, resulting from previous site development may be located within the fill zone. Alluvial Soils: Underlying the fill is interlayered sand, silt, organic silt, and peat. These alluvial soils vary in gradation and silt content with depth, but are typically loose/very soft to medium stiff. However, within the alluvial soils are layers of sand and silty sand that were placed by fast flowing water and are medium-dense to dense. The weight of the overlying soil has additionally compressed the sand and silty sand over time. The thickness and density of these layers varied substantially between the explorations. As shown of Plates 24 and 25, generally a 5-to-12-foot-thick layer of very soft to medium stiff peat, silt, and/or organic silt is encountered immediately below the surficial fill on the site. Below these mostly organic soils is 14 to 20 feet of medium dense to dense sand, sand with silt, and silty sand with variable amounts of gravel. Generally, this upper sand unit is underlain by another sequence of soft to stiff silt, organic silt and peat that ranges from about 11 to 30 feet thick and may contain variable-thickness interlayers of denser sand. Typically, this interlayered zone of organic material with sand interlayers is underlain by dense to very dense sand, sand with silt, and silty sand ranging from 7 to 18 feet thick. This middle-zone sand was typically encountered between 55 and 70 feet below the ground surface. Unfortunately, this dense sand zone is underlain by another sequence of generally organic silt and peat, averaging about 7 to 8 feet thick. Very Dense Sands: Immediately below the lower peat/organic silt zone is very dense sands that extended to the bottom of our explorations, which ranged from 81.5 to 96.5 feet bgs. In general, this very dense sand layer was encountered 55 to 70 feet below the existing grade on the eastern half of the site. The very dense sands were not reached until a depth of 80 to 90 feet below existing grade in borings GB-4, GB-5, B-2 and B-5 on the western half of the property. The conditions revealed by our explorations are generally similar to those that have been encountered in borings we previously conducted for office and commercial buildings located north and south of the site, and by explorations completed by others. Logs of soils encountered in borings completed by others on the Fairfield site are attached in the Appendix to this report. Our nearby explorations and on-site explorations by others also found variations in the thickness and depth of the denser sand layers. Groundwater Groundwater seepage was observed at depths ranging from 2.4 to 5.4 feet bgs in all of the recent explorations. The depth to groundwater depth was slightly more in the previous borings, which were drilled at the higher elevation that existed before the asphalt pavement and several feet of the existing fill were removed. It is important to note that it was difficult to accurately measure the depth to groundwater in the borings, as the boreholes had to be filled with bentonite drilling mud to prevent heaving GEOTECH CONSULTANTS, INC FF Development, L.P. June 15, 2006 JN 06162 Page 4 of the sands; this partially sealed the boring walls and limited seepage into the hole. However, shallow test pits and explorations completed by Geotech Consultants, Inc. and others in the immediate site vicinity commonly reveal a static water table occurring at depths of 3 to 4 feet below the ground surface. The static water level beneath the site is hydraulically connected to the water level in Lake Washington. As a result, the depth to groundwater will vary with rainfall and other factors. As discussed above, the level of Lake Washington fluctuates seasonally. The final logs represent our interpretations of the field logs and laboratory tests, and have been edited to group encountered soils into generalized categories based on grain size and organic content to simplify understanding of the various, interlayered soils. The stratification lines on the logs represent the approximate boundaries between soil types at the exploration locations. The actual transition between soil types may be gradual, and subsurface conditions can vary between exploration locations. The logs provide specific subsurface information only at the locations tested. If a transition in soil type occurred between samples in the borings, the depth of the transition was interpreted by observation of drilling action and our experience. The relative densities and moisture descriptions indicated on the logs are interpretive descriptions based on the conditions observed during drilling. CONCLUSIONS AND RECOMMENDA T/ONS GENERAL The explorations completed on the site encountered generally medium dense to dense man-placed fill overlying deep deposits of interlayered alluvial sand, organic silt and peat, and silt. The soft to medium-stiff, organic silt and peat soils are moderately-to highly-compressible. In our professional opinion, the use of conventional footings to support the multistory residential buildings is inappropriate, as excessive post-construction foundation settlement would result. As we have discussed, heavily-reinforced footings could be used in conjunction with deep ground improvement, such as stone columns. However, post-construction settlements would still amount to multiple inches and the variable soil conditions could cause excessive differential settlement. We recommend that the buildings be supported on deep foundations embedded into the very dense sand layer encountered below the lower layer of organic sill/peat, at approximately 70 to 90 feet below the existing ground surface. A variety of deep foundation systems could be utilized on this project site, and we have already discussed the potential benefits and limitations of each with you. High load capacities can be achieved by augercast concrete piers or driven piles embedded into the deep, very dense sand layer. The use of driven piles is preferable over augercast piles, due to the variable depth and density of the bearing layers, and the fact that augercast pier installation results in a relatively large volume of wet, soft drill spoils that must be disposed of. Considering the past experience with several large projects in the immediate vicinity that were constructed over similar soil conditions, driven grout piles appear to be a viable and appropriate deep foundation system to support the planned buildings. These piles have been proven to be able to support high building loads, and are often more economical than are steel pipe piles or precast concrete piles. The expected pile lengths are likely too great for the use of timber piles. One of the concerns that we have discussed is the potential difficulty with installing driven grout piles through the lower dense sand layer that was encountered in most of the borings. It is not appropriate to "hang up" heavily-loaded end-bearing piles in the dense sands that are underlain by organic silt or peat. In order to verify the viability of driving piles for the entire project, we recommend that a series of indicator piles be installed prior to installation of production piles. The pile hammer or drilling equipment used to install the indicator piles should be the same as what will be used during GEOTECH CONSULTANTS. INC FF Development, LP June 15, 2006 JN 06162 Page 5 the remainder of the project. Additionally, load tests should be completed on a minimum of four piles scattered around the Phase 1 and 2 areas. The purpose of these load tests is to correlate the results of the indicator piles with allowable design capacities. The deep foundation contractor's scope of work should include the completion of the load tests and indicator piles. Depending on the results of the indicator load tests, it may be possible to increase the allowable capacities beyond what are presented later in this report. It is highly unlikely that the existing piles that remain on the site can be reused to support new structures. These piles probably do not extend deep enough to be embeded into the very dense sand layer described above. Besides the buildings, other settlement-sensitive structures, such as canopies, emergency generators, or rigid walls, should be supported on deep piles. We also recommend that the floors of the buildings be constructed as structural slabs carried on the piles. This avoids the potential for excessive, noticeable settlement between the floors and the pile-supported foundations. Wind can generate considerable uplift loads on open canopies and roofs; the uplift loads should be considered in pile design. As we have discussed in our meetings with the project design team, the presence of compressible soils beneath the site must also be carefully considered in the preparation of fills around the buildings, and in the installation of utilities that extend into the buildings. The ground under and around the buildings will continue to settle slowly, as the organic or loose soils continue to consolidate under their weight and the effects of fluctuations in the water table. The rate and amount of this settlement will increase dramatically if final site grading requires placing fill to an elevation above the previous pavement surface. Where this occurs, and utilities or on-grade elements, such as pavements, slabs or walkways, will be located on, in, or below the new fill, the fill should first be allowed to surcharge the underlying ground for several (at least 2 to 3) months. This allows the underlying soils to undergo the more rapid primary consolidation under the weight of the new fill. It will be important to surcharge the planned interior road with soil placed above the planned final grade. Placing fill to at least 4 to 5 feet above the planned road grade will decrease the post-construction settlement. Preload monitoring plates should be installed in the compacted fill and be periodically surveyed to monitor the amount of ground settlement. Once the primary ground settlement is complete, any additional surcharge fill can be removed to expose the road subgrade. We should be provided with the results of the monitoring to determine when it is appropriate to remove any additional surcharge fill. This ongoing ground settlement cannot be stopped, and can have aesthetically-unpleasing results for other elements located around the buildings. Where on-grade slabs and walkways meet doorways, they should be reinforced with rebar, and be doweled into the perimeter grade beams. This allows the concrete slabs to "ramp" down and away from the foundation, reducing the potential for a downset at a door threshold that could cause a trip hazard. Likewise, truck loading ramps and garage approach aprons that will abut the pile-supported buildings should also be doweled into the grade beams and/or piles. Use of rebar in on-grade pavements and slabs helps to reduce the potential for downsets when settlement occurs. Wherever possible, slabs and pavements should be separated from the buildings by landscaping or other "soft" elements to reduce the potential visual impact from settlement of the on-grade elements relative to the building. A following section contains recommendations relative to utility connections in response to the potential for settlement of the surrounding ground relative to the pile-supported structures. GEOTECH CONSULTANTS, INC. FF Development, L.P June 15, 2006 JN06162 Page6 The presence of a shallow groundwater table will make deep excavations difficult. Excavations extending near or below, the water table will likely require temporary shoring and extensive dewatering. This should be considered in the design of site utilities. We anticipate that Geotech Consultants, Inc. will be involved during the plan development and construction stages. This will allow us to provide additional recommendations as necessary to deal with site conditions and to verify that appropriate results are achieved during foundation construction and site earthwork. It is important that this report be provided to all contractors associated with foundations and ground work, so that they will be aware of our findings and recommendations. DRIVEN GROUT PILES Driven grout piles are a proprietary system installed by DeWitt Construction. These piles have been successfully used to support several of the larger commercial and residential projects in the Renton Area (Longacres Boeing Office Park, Kenworth/Paccar, Southport). The process involves driving a steel "boot" into the ground utilizing a pipe mandrel. As the boot is driven, grout is pumped through the mandrel to maintain an open hole. Upon reaching the defined refusal-driving rate, the mandrel is withdrawn while grout is pumped into the resulting open shaft A rebar cage is then installed into the upper portion of the resulting grout column. The allowable compressive capacity will depend on the pile diameter and driving criteria, but allowable loads of 125 to 150 tons have been achieved on recent projects for 14-inch driven grout piles in the Renton area. We verified an allowable capacity of at least 125 tons by conducting load tests on the Southport project to the north of the site. The driven grout piles on that project were not embedded into as dense of soils as exist beneath The Landing property. It is very important that the piles be embedded into the dense to very dense sands encountered below the lower layer of organic silt/peat. In order to accomplish this, we recommend the following approximate minimum pile lengths, as measured from the existing ground surface: B-1, GB-2, GB-3, B-4 B-3, GB-1, GB-6, GB-7 B-2, GB-4 GB-5, 8-5 60 75 80 90 We recommend reinforcing each pile over its entire length. This typically consists of a rebar cage extending a portion of the pile's length, combined with a full-length center bar The maximum moment for each pile can be assumed to occur at a depth of 12 feet below the ground surface, with a point of fixity (zero deflection) at a depth of 15 feet. Lateral loads due to wind or seismic forces may be resisted by the piles and by passive pressure on the grade beams. Assuming an allowable lateral deflection of 0.5 inches at the top of a 14-inch-diameter pile, and a fixed-head condition, we estimate that each vertical pile can be assumed to have a lateral capacity of 6 tons. Additional lateral load resistance will be provided by structural fill exerting passive earth pressures on the grade beams. This resistance can be assumed to be equal to that pressure exerted by a fluid that has a density of 300 pcf. A safety factor has not been applied to this value, which assumes that the GEOTECH CONSULTANTS, INC FF Development, LP June 15, 2006 JN 06162 Page 7 fill is compacted to at least 90 percent of the maximum Modified Proctor dry density, If passive resistance on the grade beams is assumed for the structural design: 1) the plans must clearly call this out so that the earthwork contractor is aware of the requirement, and 2) the upper 12 inches of the passive resistance should be neglected to account for potential ground settlement over time. It should be possible to achieve this compaction with the existing fill, provided it is kept dry following its excavation, and is compacted in lifts of no more than approximately 10 to 12 inches using a jumping jack compactor or a hoe-pack. For a 14-inch-diameter driven grout pile, we recommend an allowable uplift resistance of 30 tons. The deep foundation installer should recognize that the existing fill at the site and some of the dense to very dense sand layers contain gravel, and likely cobbles and occasional boulders. Also, we observed in our borings that some alluvial soil layers include ancient trees and logs. The logs, gravel, cobbles and boulders may be difficult to drive piles through; therefore, the installer and structural engineer may need to shift some pile locations and/or modify the foundation design or pile installation procedures as necessary to address any obstructions that may be encountered. SEISMIC CONSIDERATIONS In accordance with Table 1615.1.1 of the 2003 International Building Code (IBC), the average site soil profile within 100 feet of the ground surface is best represented by Soil Profile Type E (Soft Soil Profile). Seismic liquefaction is the partial or complete loss of bearing strength that can result from strong ground motions in loose, saturated granular soils, such as sands. Generally, this is a concern for large earthquakes, which do occur periodically in the Puget Sound region. Of the sandy soils that underlie the site, only the near-surface layer is consistently loose. These sands are certainly susceptible to liquefaction. The softer alluvial soils (silt and peat) that underlie the site are compressible under static loading, and may be susceptible to settlement under strong ground motions, such as from a large earthquake. However, they are not highly susceptible to liquefaction, due to their high silt content, and somewhat consolidated composition. This, combined with the relatively high blowcounts (i.e. high density) in the deeper sands, indicates that there is a relatively low potential for widespread liquefaction during a large earthquake. Considering the gradation and density of the encountered soils, and the distance between the site and Lake Washington, the potential for significant lateral spreading during a large earthquake should also be low. The use of deep foundations embedded into dense to very dense soils, and relatively rigid grade beams and a structural slab to interconnect the piles, minimizes the potential for catastrophic foundation settlement during an earthquake. As we have discussed, the recommendations presented in this report are intended to protect against loss of human life from foundation collapse in the event of an earthquake. They are not intended to prevent structural damage or to ensure continued usability of the buildings following a large seismic event. FLOOR SLABS In areas where the passage of moisture through a floor slab is undesirable, a vapor retarder or vapor barrier should be installed beneath the slab. Even where the exposed soils appear dry, water vapor will tend to naturally migrate upward through the soil to the new constructed space above it. As noted by the American Concrete Institute (ACI) in the Guides for Concrete Floor and GEOTECH CONSULTANTS, INC FF Development, L.P. June 15, 2006 JN 06162 Page 8 Slab Structures, proper moisture protection is desirable immediately below any on-grade slab that will be covered by tile, wood, carpet, impermeable floor coverings, or any moisture-sensitive equipment or products. AC! also notes that vapor retarders, such as 6-mil plastic sheeting, are typically used. A vapor retarder is defined as a material with a permeance of less than 0.3 US perms per square foot (psi) per hour, as determined by ASTM E 96. It is possible that concrete admixtures may meet this specification, although the manufacturers of the admixtures should be consulted. Where plastic sheeting is used under slabs, joints should overlap by at least 6 inches and be sealed with adhesive tape. The sheeting should extend to the foundation walls for maximum vapor protection. If no potential for vapor passage through the slab is desired, a vapor barrier should be used. A vapor barrier, as defined by AC!, is a product with a water transmission rate of 0.00 perms per square foot per hour when tested in accordance with ASTM E 96. Reinforced membranes having sealed overlaps can meet this requirement. It is important to protect the retarder/barrier from damage before the slab is poured. In the recent past, ACI (Section 4.1.5) recommended that a minimum of 4 inches of well-graded compactable granular material, such as a 5/8 inch minus crushed rock pavement base, should be placed over the vapor retarder or barrier for protection of the retarder or barrier and as a "blotter" to aid in the curing of the concrete slab. Sand was not recommended by ACI for this purpose. However, the use of material over the vapor retarder is controversial as noted in current AC! literature because of the potential that the protection/blotter material can become wet between the time of its placement and the installation of the slab. If the material is wet prior to slab placement, which is always possible in the Puget Sound area, it could cause vapor transmission to occur up through the slab in the future, essentially destroying the purpose of the vapor barrier/retarder. Therefore, if there is a potential that the protection/blotter material will become wet before the slab is installed, AC! now recommends that no protection/blotter material be used. However, AC! then recommends that, because there is a potential for slab cure due to the loss of the blotter material, joint spacing in the slab be reduced, a low shrinkage concrete mixture be used, and "other measures" (steel reinforcing, etc.) be used. ASTM E-1643-98 "Standard Practice for Installation of Water Vapor Retarders Used in Contact with Earth or Granular Fill Under Concrete Slabs" generally agrees with the recent ACI literature. We recommend that the contractor, the project materials engineer, and the owner discuss these issues and review recent ACI literature and ASTM E-1643 for installation guidelines and guidance on the use of the protection/blotter material. Underslab Drainage The site is underlain by a relatively shallow groundwater table that likely undergoes seasonal fluctuations. Additionally, the planned garage floors for at least Phase 1 will be close to, but slightly above, the water table encountered in the explorations. As a result, we have recommended that the parking garage floors be underlain by a layer of gravel and a system of perforated drains to avoid hydrostatic uplift on the slabs from seasonally high groundwater This is not intended to make the slabs watertight, and the drains will only work if positive flow to the storm drains through either gravity or the use of pumps, is maintained at all times. Most municipalities do not require that groundwater from underslab systems be discharged to the storm detention system. For underslab drainage, we typically recommend that a minimum 8-inch layer of free- draining gravel or washed rock be installed below the vapor retarder/barrier. Four-inch- diameter perforated PVC pipes are then set in this gravel layer at a maximum spacing of 15 GEOTECH CONSULTANTS, INC FF Development, LP June 15, 2006 JN 06162 Page 9 to 20 feet on-center. The flow volumes from the underslab drainage system are somewhat unpredictable and can be assessed during the actual construction by measuring the amount of water that must be temporarily pumped from the underslab system. PERMANENT FOUNDATION RETAINING WALLS We expect that some portions of the building foundation walls will be backfilled. The loads from these walls would be transferred to the foundation pile system. No substantial free-standing retaining walls are anticipated outside of the buildings. Walls backfilled on only one side should be designed to resist the lateral earth pressures imposed by the soil they retain. The following recommended design parameters are for walls that restrain level backfill: Active Earth Pressure• 40 pct Soil Unit Weight 130 pct Where: (i) pcf is pounds per cubic foot, and (ii) active and passive earth pressures are computed using the equivalent fluid pressures. "' For a restrained wall that cannot deflect at least 0.002 times its height, a uniform lateral pressure equal to 10 psf times the height of the wall should be added to the above active equivalent fluid pressure. The values given above are to be used to design permanent foundation and retaining walls only. We recommend a safety factor of at least 1.5 for overturning and sliding, when using the above values to design the walls. Restrained wall soil parameters should be utilized for a distance of 1.5 times the wall height from corners in the walls. The design values given above do not include the effects of any hydrostatic pressures behind the walls and assume that no surcharges, such as those caused by slopes, vehicles, or adjacent foundations will be exerted on the walls. If these conditions exist, those pressures should be added to the above lateral soil pressures Where sloping backfill is desired behind the walls, we will need to be given the wall dimensions and the slope of the backfill in order to provide the appropriate design earth pressures. The surcharge due to traffic loads behind a wall can typically be accounted for by adding a uniform pressure equal to 2 feet multiplied by the above active fluid density. Heavy construction equipment should not be operated behind retaining and foundation walls within a distance equal to the height of a wall, unless the walls are designed for the additional lateral pressures resulting from the equipment. The wall design criteria assume that the backfill will be well-compacted in lifts no thicker than 12 inches. The compaction of backfill near the walls should be accomplished with hand-operated equipment to prevent the walls from being overloaded by the higher soil forces that occur during compaction. Retaining Wall Backfill and Waterproofing Backfill placed behind retaining or foundation walls should be coarse, free-draining, structural fill containing no organics. This backfill should contain no more than 5 percent silt or clay particles and have no gravel greater than 4 inches in diameter. The percentage of particles passing the No. 4 sieve should be between 25 and 70 percent. The existing on- GEOTECH CONSULTANTS, INC FF Development, LP June 15, 2006 JN 06162 Page 10 site man-placed fill does not meet the criteria above, and should not be used for backfill directly against retaining walls. We expect that most soils excavated at the site will be unsuitable for reuse as wall backfill, due to their high silt and moisture contents. The purpose of these backfill requirements is to ensure that the design criteria for a retaining wall are not exceeded because of a build-up of hydrostatic pressure behind the wall. The top 12 to 18 inches of the backfill should consist of a compacted, relatively impermeable soil or topsoil. or the surface should be paved. The ground surface must also slope away from backfilled walls to reduce the potential for surface water to percolate into the backfill. The sub-section entitled General Earthwork and Structural Fill contains recommendations regarding the placement and compaction of structural fill behind retaining and foundation walls. The above recommendations are not intended to waterproof below-grade walls, or to prevent the formation of mold, mildew or fungi in interior spaces. The performance of any subsurface drainage system will degrade over time. Therefore, if some future moist conditions or seepage through the walls are not acceptable, waterproofing should be provided This typically includes limiting cold-joints and wall penetrations, and using bentonite panels or membranes on the outside of the walls. Applying a thin coat of asphalt emulsion is not considered waterproofing, but will only help to prevent moisture, generated from water vapor or capillary action, from seeping through the concrete. Biologic degradation of the asphalt emulsion will occur over time, rendering the emulsion less effective for controlling water vapor or water from capillary action in the future. As with any project, adequate ventilation of basement and crawl space areas is important to prevent a build up of water vapor that is commonly transmitted through concrete walls from the surrounding soil, even when seepage is not present. This is appropriate even when waterproofing is applied to the outside of foundation and retaining walls. The choice of an appropriate waterproofing system depends on the specific site conditions, the intended construction and use for the project, and the expectations of the end user. We recommend that you contact a specialty consultant if detailed recommendations or specifications related to waterproofing design and/or minimizing the potential for infestations of mold and mildew are desired. Waterproofing materials and systems should also be evaluated and installed by an experienced contractor familiar with the anticipated construction and subsurface conditions. EXCAVATIONS AND SLOPES No significant excavations are expected, except possibly for utilities. Temporary excavations in the existing fill above the water table can be cut at a temporary inclination of 1 :1 (Horizontal:Vertical). Wet sands will not stand unsupported in cut. As a result, excavations extending below the water table will require dewatering and engineered shoring for worker safety. Temporary cuts are those that will remain unsupported for a relatively short duration to allow for the construction of foundations, retaining walls, or utilities. Temporary cut slopes should be protected with plastic sheeting during wet weather. The cut slopes should also be backfilled or retained as soon as possible to reduce the potential for instability. Please note that sand, silty sand. silt, or any loose soil can cave suddenly and without warning. Excavation, foundation. and utility contractors should be made especially aware of this potential danger GEOTECH CONSULTANTS, INC FF Development, LP June 15, 2006 JN 06162 Page 11 Water should not be allowed to flow uncontrolled over the top of any temporary or permanent slope. All permanently exposed soil around the buildings and paved areas should be landscaped to reduce erosion and improve the stability of the surficial layer of soil. UTILITY CONNECTIONS Buried or on-grade utilities can be damaged due to settlement of the ground relative to buildings that are pile supported. Typically, when the ground settles, the pipes/conduits pull away from the building, or can shear off at the perimeter foundation, causing leaks and pipe breaks. We recommend that utilities beneath the floor slabs be minimized or avoided altogether. This does not include the underslab drainage system. Where other utilities are installed below the building, they should be poured into the slabs and/or hung from the slabs and grade beams. Flexible connections should be used wherever utilities meet the foundations or building walls. As we have discussed, it is also appropriate to install as many utilities as possible in areas that have been surcharged to reduce post-construction settlement, such as in the central access road as discussed in the General section. Utilities that depend on gravity for proper function (i.e. storm and sanitary sewers) should be installed with as much slope as is practical. This will help to maintain proper function in the event of differential ground settlement over the length of a pipe. DRAINAGE CONSIDERATIONS Foundation drains should be utilized around the perimeter of the structures and at the base of all earth-retaining walls. These drains should be surrounded by at least 6 inches of 1-inch-minus, washed rock and then wrapped in non-woven, geotextile filter fabric (Mirafi 140N, Supac 4NP, or similar material). At its highest point, a perforated pipe invert should be at least 6 inches below the bottom of a slab floor or the level of a crawl space, and it should be sloped for drainage. Underslab drains buried in a 9-to 12-inch layer of gravel should be included where the floor elevation will be close to the expected high groundwater level. We can provide recommendations for interior drains, should they become necessary, during excavation and foundation construction. All roof and surface water drains must be kept separate from the foundation drain system. A typical drain detail is attached to this report as Plate 26. For the best long-term performance, perforated PVC pipe is recommended for all subsurface drains. We anticipate that the structures will include elevators, which will make it necessary to provide special drainage or waterproofing measures for the elevator pit. We expect that elevator pits would extend below the water table. As a result, it will not be possible to provide adequate subsurface drainage for such a condition. Therefore, the elevator pits would need to be designed to be watertight and to resist hydrostatic uplift. This will require special details and construction. Final site grading in areas adjacent to the buildings should slope away at least 2 percent, except where the area is paved. PAVEMENT AREAS We understand that a new interior access roadway will extend east-west in the approximate center of the site to serve both phases, and that it will be necessary to place several feet of structural fill to GEOTECH CONSULTANTS, INC. FF Development, LP June 15, 2006 JN 06162 Page 12 reach the planned road subgrade elevation. The new structural fill can be placed directly upon the existing fill, provided that the existing fill surface is not wet, muddy, or soft at the time of placement. As discussed in the General section, the road fill should be placed and allowed to settle for a period of several months before the utilities and pavement are installed. We recommend that the pavement subgrade be in a stable, non-yielding condition at the time of paving. Granular structural fill or geotextile fabric may be needed to stabilize soft. wet, or unstable areas. To evaluate pavement subgrade strength, we recommend that a proof-roll be completed with a loaded dump truck immediately before paving. In most instances where unstable subgrade conditions are encountered, the placement of 12 inches of granular structural fill should stabilize the subgrade, except for very soft areas where additional fill and fabric could be required. Recommendations for the compaction of structural fill beneath pavements are given in a later sub- section entitled General Earthwork and Structural Fill. The performance of site pavements is directly related to the strength and stability of the underlying subgrade. If asphalt pavement is used for the interior road, we recommend that a section consisting of at least 3 inches of asphalt concrete (AC) over 6 inches of crushed rock base (CRB) or 4 inches of asphalt- treated base (ATB) be used. This accounts for the likelihood that the final road surface will have to carry at least infrequent truck traffic. The pavement section recommendations and guidelines presented in this report are based on our experience in the area and on what has been successful in similar situations. As with any pavements that are underlain by loose/soft, compressible soils, periodic maintenance and repair of the pavement will be needed because of ground settlement. This is most likely to be necessary over utility trenches, around buried control structures, such manholes and vaults. and in areas of heavy truck or bus traffic. GENERAL EARTHWORK AND STRUCTURAL FILL All building and pavement areas should be stripped of surface vegetation, topsoil, organic soil, and other deleterious material if present. The stripped or removed materials should not be mixed with any materials to be used as structural fill, but they could be used in non-structural areas, such as landscape beds. Structural fill is defined as any fill placed under buildings, roadway subgrades, behind permanent retaining or foundation walls, or in other areas where the underlying soil needs to support loads. All structural fill should be placed in horizontal lifts with a moisture content at, or near, the optimum moisture content. The optimum moisture content is that moisture content that results in the greatest compacted dry density. The moisture content of fill is very important and must be closely controlled during the filling and compaction process. The allowable thickness of the fill lift (layer) will depend on the material type selected, the compaction equipment used, and the number of passes made to compact the lift. The loose lift thickness should not exceed 12 inches. We recommend testing the fill as it is placed. If the fill is not compacted to specifications. it should be recompacted before another lift is placed. This eliminates the need to remove the fill to achieve the required compaction. GEOTECH CONSULTANTS, INC FF Development, LP June 15, 2006 The following table presents recommended relative compactions for structural fill: Beneath slabs or ! walkwa s Beneath pavements 95% 90% 95% for upper 12 inches of subgrade; 90% below that level Where: Minimum Relative Compaction is the ratio, expressed in percentages, of the compacted dry density to the maximum dry density, as determined in accordance with ASTM Test Designation D 1557-78 (Modified Proctor). Reuse of On-Site Soils JN 06162 Page 13 The on-site man-placed fill could be reused as structural fill providing that the moisture content of the fill material is not more than 3 to 4 percent above the optimum value for compaction to specifications. These soils, however, contain a significant amount of silt and are easily disturbed when wet based on our observations of several areas of disturbed soil caused by vehicle traffic over the surface when wet. Although the site was dry during our site explorations, we noted evidence of past surface water ponding in several areas. Therefore, the reuse of on-site soils as structural fill will likely be most successful during dry weather periods. If earthwork occurs in wet periods, the earthwork contractor must be prepared to rework areas that do not achieve proper compaction due to high moisture content. Due to the high water table, utility trench backfill in structural areas, such as pavements, must be dried or chemically treated with cement/kiln dust before ii can be adequately compacted. Improper compaction of backfill in utility trenches and around control structures is a common reason for pavement distress and failures. Imported granular fill will be needed wherever it is not possible to dry or chemically treat the on-site soils sufficiently before compaction. It is likely that most utility backfill will need to be imported. Structural fill that will be placed in wet weather should consist of a coarse, granular soil with a silt or clay content of no more than 5 percent. The percentage of particles passing the No. 200 sieve should be measured from that portion of soil passing the three-quarter-inch sieve. New fill imported for the new roadway should be free of rock or recycled concrete chunks larger than 3 inches in diameter to provide a uniform fill generally free of air voids or loose pockets of fill. LIMITATIONS The analyses, conclusions, and recommendations contained in this report are based on site conditions as they existed at the time of our exploration and assume that the soil and groundwater conditions encountered in the explorations are representative of subsurface conditions on the site. If the subsurface conditions encountered during construction are significantly different from those observed in our explorations. we should be advised at once so that we can review these conditions and reconsider our recommendations where necessary. Unanticipated soil conditions are commonly encountered on such larger construction sites. Subsurface conditions will likely vary between exploration locations, especially over a large, previously-developed site such as this. GEOTECH CONSULTANTS, INC FF Development, L.P. June 15, 2006 JN 06162 Page 14 Such unexpected conditions frequently require making additional expenditures to attain a properly constructed project. It is recommended that the owner consider providing a contingency fund to accommodate such potential extra costs and risks. This is a standard recommendation for all projects This report has been prepared for the exclusive use of FF Development, L.P., and its representatives, for specific application to this project and site. Our recommendations and conclusions are based on observed site materials, and selective laboratory testing and engineering analyses. Our conclusions and recommendations are professional opinions derived in accordance with current standards of practice within the scope of our services and within budget and time constraints. No warranty is expressed or implied. The scope of our services does not include services related to construction safety precautions, and our recommendations are not intended to direct the contractor's methods, techniques, sequences, or procedures, except as specifically described in our report for consideration in design. We recommend including this report, in its entirety, in the project contract documents so the contractor may be aware of our findings. ADDITIONAL SERVICES Geotech Consultants, Inc. should be retained to provide geotechnical consultation, testing, and observation services during construction. This is to confirm that subsurface conditions are consistent with those indicated by our exploration, to evaluate whether earthwork, road subgrade preparation, and foundation construction activities comply with the general intent of the recommendations presented in this report, and to provide suggestions for design changes in the event subsurface conditions differ from those anticipated prior to the start of construction. However, our work would not include the supervision or direction of the actual work of the contractor and its employees or agents. Also, job and site safety, and dimensional measurements will be the responsibility of the contractor. The following plates are attached to complete this report: Plate 1 Plate 2 Plates 3 -23 Plates 24 -25 Plate 26 Appendix Vicinity Map Site Exploration Plan Test Boring Logs Simplified Geologic Cross-section Sketches A-A' and B-B' Typical Footing Drain Detail Draft Boring Logs by GeoEngineers, Inc. GEOTECH CONSULTANTS, INC. FF Development. LP June 15, 2006 JN 06162 Page 15 We appreciate the opportunity to be of service on this project. If you have any questions, or if we may be of further service, please do not hesitate to contact us. GB/MRM jyb Respectfully submitted, GEOTECH CONSULTANTS, INC. Marc R. McGinnis, P.E. Principal GEOTECH CONSULTANTS. INC. •• LAKE W, SHINGTON S 1Rn GEOTECH CONSGLTANTS, INC. w~ POINT H 31fLJiT=': 3TH ~'ST l'l(XJN; ~ OL!VET ;'; CfMlffHY '~\E. _?ND., Pl 1,f..,. ~{~;2110 C' • r.,.,_ ,. ~ . ., ~ VICINTYMAP Park Ave. North and Garden Ave. North Renton, Washington Job No.· 06162 Date: May 2006 No Scale Plate: .. .c t: 0 z QI :, " QI > cf ~ I'll IL .,··, • B-1 • / Cl, • +• V \ / . • • ,· \ • • GB-3 0 = Approximate Location of Geotech Consultants. Inc. 8 _2 Boring (May 2006) 0 = Approximate Location of GeoEngineers, Inc. Boring (September 2005) • /GP..1 \ Cl • II) A-A·= Approx. Location of Geologic Cross-section • • I • • / B-2 .. • 0 I • • I • • I • I • • I • • I • • I • • I GEOTECH CONSULTANTS, fNC. . ~ \ ' GP..2 • 'P. • L 0B-3 --•• -·- ~-\ \ . ~ . -,. -- \ \ • • \ GP..3 G9'.i • • \ • No Scale •. ,____.Approximate Site ~ Boundary Line • • \ • • ,,\ , . _., . ...... -... 0 \ .,,, .. ,,,... B-4 EXPLORATION SITE PLAN The Landing Phases 1 & 2 Proposed Residential Development Garden Avenue North, Renton, Washington I Job No: 06162 I bale.· j May 2006 _ No Scale I Plate: 2 .. 5 10 15 20 25 30 35 40 25 0 23 35 30 16 4 ~*, FILL BORING GB-1 Description Tan, gravelly, silty SAND, fine-to medium-grained, with cobbles, moist, loose (FILL) -becomes gray, medium-dense ----------------- lnterlayered dark brown fiberous PEAT, gray SILT, and brown, organic SILT, saturated, very soft ------- lnterlayered gray to black SAND and SAND with slit, fine--to medium-grained, with gravel, saturated, medium-dense to dense -occasional thin layers of peat at 25' lnterlayered brown organic SILT, brown, fiberous PEAT, and gray SILT wrth organics, saturated, soft to very stiff --------------------------------.. -continued on next page GEOTECH CONSULTANTS, INC. ~,,..-ll--..~.-~~""'-'=""""""""""",...,,.... ..... ~ Job BORING LOG Park and Garden Avenues Renton, Washington Date: Logged by: Plate: 06162 May 2006 GB 3 45 50 55 28.2% 60 65 70 75 12.7% 80 19 18 43 19 65 PT: I OL 11 : " : i1 I :j I· 'I ' 9, · r{ ·. BORING GB-1 continued Description Gray black SAND, fine-to medium-grained, with silt, saturated, medium-dense lnterlayered brown, fiberous PEAT, and brown, organic SILT, saturated, stiff to very stiff 121 '·'=::Ll• .·"""• .ci. f----cGc-r-ay-b-la_c_k_S_ANo-. fi-,n-e---to-mediUnl--=-grai-ne-d,--with trace of silt, saturated, dense _____ _ I SP j: -gravel layer at 61.5 to 62.5 feet SM, , ML. lnterlayered gray, silty SAND, fine-grained, sandy SILT, saturated, medium-dense/very stiff -brown, fiberous peat interlayers at 68' -71' -------------------- lnterlayered black SAND and gray, silty, SAND, fine-to medium-grained, with gravel, saturated, dense to very-dense Tifl so/6" 1sl J~ ~-----------------------------------continued on next page GEOTECH CONSULTANTS, INC. Job BORING LOG Park and Garden Avenues Renton, Washington Date: Logged by: Plate: 06162 May 2006 GB 4 85 90 95 100 105 110 115 120 69 16 BORING GB-1 continued Description • Test boring was terminated at 81.5 feet during drilling on May 11, 2006. * Static groundwater level was measured at 2.4 feet on May 16, 2006. GEOTECH BORING LOG Park and Garden Avenues Renton, Washington CONSULTANfS, INC. Job Date: Logged by: Plate: 5 06162 May 2006 GB 5 10 15 20 25 30 35 40 FILL BORING GB-2 Description Tan, gravelly, silty SAND, fine-to medium-grained, with cobbles, moist, loose (FILL) -increasing grave!, becomes gray, medium-dense 67 1 I -becomes very dense 7 21 3 6 10 50/6" 111 I I I I I I I ' , II s I:·~~ :J ,-,, : PT: , ,~~, Brown, fiberous PEAT, moist, medium-stiff , ------------lnter1ayered. gray black SAND, fine-to medium-grained, with si!t and occasional organics, saturated, medium-dense ~----~----·--------------· lnter!ayered brown organic SILT with sand and brown, fiberous PEAT, saturated, soft to stiff lntenayered silty GRAVEL, black, silty SAND, and black SAND, fine-lo medium-grained, saturated, medium-dense lo very dense -----------------------------------. continued on next page ~ j._ ·" GEOTECH ., CONSULTANTS, INC BORING LOG Park and Garden Avenues Renton, Washington ~ .... ~""""""=--.,,,..,.. --bz~ Job Date: Logged by: Plate: 06162 May 2006 GB 6 .. 45 50 55 60 65 70 75 80 13.0% ~--+# 66 49 glll_._• .. ~_ •. -lll~ ::::::-:-::: ::,:,:: .. -.. 101 ·. BORING GB-2 continued Description =·==---~----------lnter!ayered gray SILT and brown, fiberous PEAT, saturated, soft to very stiff 50/6" 111 ----·"· lnterlayered gray black SAND and silty SAND, fine-to medium-grained, with gravel and volcanic ash, saturated, very dense 58 "111 .• • .• ·_ > .. _ 1~ J;~, -gravel layer from 57.5' to 59.5' -becomes brawn, with occasional 1" thick peat layers ----~-- lnterlayered brown and gray, fine, sandy SILT and S!LT, saturated. very stiff lntenayered gray to black SAND with silt, and black SAND, fine-to medium-grained, with gravel, saturated, very dense --· ----------------------------------continued on next page GEOTECH CONSULTANTS, INC. ~ .... -1•~-~~=-==--:----Job BORING LOG Park and Garden Avenues Renton, Washington Logged by: GB 06162 Plate: 7 . - ... ... ... ... 85 -... ... ... ... 90 ----- 95 ----... 100 -... ... ... ... 105 -... ... ... ... 110 -... ... ... ... 115 -... ... ... ... 120 - BORING GB-2 continued Description . gravel increases 88 161 l-..;.;~1-------------------- * Test boring was terminated at 86.5 feet during drilling on May 11, 2006 . * Static groundwater level was measured at 3.7 feet on May 16, 2006 . GEOTECH CONSULTANTS, INC. Job BORING LOG Park and Garden Avenues Renton, Washington 1Date: I Logged by: IP/ate: 06162 Mav 2006 GB 8 .. 5 10 15 20 25 30 35 40 ~t-1 BORING GB-3 Description Tan brown, gravelly, silty SAND, fine-to medium-grained, with cobbles, moist, loose (FILL) -becomes gray brown, medium-dense at 1.5' -becomes gray 41 1 I -becomes dense . FILL 20 2 I -becomes medium-dense, with some wood 10 11 14 8 lnterlayered brown, fiberous PEAT, gray, sandy SILT, and brown, organic SILT, saturated, sofVloose to stiff -gray, silty sand in interlayers at 23' -29' -becomes mostly brown, fiberous peat Gray, silty SAND, fine-grained, saturated, very dense Gray, fine salldiSllf With orQarliCs. saturated, stiff w,=~,J~----------------------------------continued on next page GEOTECH ~).,-i•~s ~-,~;;c-=._... ................ CONSULTANTS, INC. Job BORING LOG Park and Garden Avenues Renton, Washington Date: Logged by: Plate: 06162 May2006 GB 9 .. 45 18.7% 65 50 45 55 31 60 27 65 18.7% 28 70 25 75 80 SM ' ML BORING GB-3 continued Description lnterlayered gray black SAND and SAND wtth silt, fine-to medium-grained, saturated, dense to very dense Brown. fine, fiberous PEAT, saturated, very stiff lnterlayered, fine, sandy SILT and silty SAND, fine-grained, saturated, hard/dense 121: I . 131 141 I . SP SM • . . lnterlayered, gray black SAND and brown, silty SAND, with occasional gravel, saturated, medium-dense t:c+"+-'+i----c--·-----~-------- Gray black SAND with trace of silt and occasional fine gravel, saturated, very dense r -~~ ----------------------------------continued on next page GEOTECH BORING LOG Park and Garden Avenues Renton, Washington CONSULTANTS, INC. > Job Date: Logged by: 06162 May 2006 GB 85 90 95 100 105 110 115 120 BORING GB-3 continued Description 80 16 72 • Test boring was terminated at 86.5 feet during drilling on May 12, 2006. • Static groundwater level was measured at 3.1 feet on May 15, 2006. GEOTECH CONSULTANTS, INC. BORING LOG Park and Garden Avenues Renton, Washington 06162 .. 5 10 15 20 25 30 35 40 FILL 50/6" 1 I 3 41 GM 7 SP SM ' s I I 44 ,. I i" 1· PT 61 ........ 20 [~l ISM. 6 71 BORING GB-4 Description Tan, gravelly, silty SAND with cobbles mixed with Portland cement, dry, very dense (concrete treated base/FILL) Gray brown, gravelly, silty SAND, fine-to medium-grained, with cobbles, moist, very dense (FILL) Brovm, fine, fiberous PEAT, saturated, soft lnterlayered brown, silty GRAVEL, gray, silty SAND, and black SAND, with gravel, fine-to medium-grained, saturated, loose to medium-dense -becomes loose with occasional 1/2" thick peat layers -cedar logs encountered at 22.5' -becomes medium-dense Brown, fiberous PEAT, saturated, soft Gray black SAND, fine-to medium-grained, with silt and fine gravel, saturated, medium-dense lnterlayered gray SILT with organics and dark brown, coarse, fiberous PEAT, saturated, medium-stiff to stiff -continued on next page ~ _:l.. ·" G EOTECH ., CONSULTANTS, INC. 1..,.....it!!i's--;,;--~~-----Job BORING LOG Park and Garden Avenues Renton, Washington Date: Logged by: Plate: 06162 Ma 2006 GB 12 .. 45 50 55 60 65 70 75 80 ~ , ~ BORING GB-4 continued · ,,,-.;' IY'~ "* ,i" ~00 it '? ,J.O,;;, ~ ~JP o/0 ,f' ":Jc,~ ,§:f Description 4 8 14 111 50/4" 121 ML PT 50/6" 131 SP SM 33 D ----- lnterlayered gray to gray black, silty SAND and SAND, fine-to medium-grained, with gravel, saturated, very dense l#t-R+ft--c---------c-:----,-----,----:-----,----~--- lnterlayered brown lo dark brown and gray, organic SILT, silty PEAT, sandy SILT, and fine, fiberous PEAT, with volcanic ash, saturated, stiff to very stiff 19 ---------------------------------• continued on next page GEOTECH CONSULTANTS, INC. BORING LOG Park and Garden Avenues Renton, Washington Job Date: Logged by: Plate: 06162 May 2006 GB 13 .. 85 90 95 100 105 110 115 120 BORING GB-4 continued ,~ { .;;.. oO\, ~0 +o~°'..y, 1'~(:,0-$, <q'o.;y'.f' ~ 0rf'1_ ..:::,'?0'? :rmm-------------------Description 14.9% 21 15 lnterlayered gray black SAND and silty SAND, fine-to medium-grained, with coarse sand and fine gravel, saturated, very dense 50/5" 161 SP SM 50/6" 171 · -becomes mostly gray and finer grained, with less coarse sand and fine gravel -thin gravel layer at 93.5' 50 1alL.1.U ...... u....--------------------- • Test boring was terminated at 96.5 feet during drilling on May 15, 2006. • Static groundwater level was measured at 4.3 feet on May 16, 2006. __ ,4 GEOTECH # CONSULTANTS, INC. BORING LOG Park and Garden Avenues Renton, Washington ~,, ....... Iii!!_ -e;""'!'l'p'!!'"""" ___ .....,~ Job Date: Logged by: 06162 May 2006 GB .. 5 10 15 20 25 30 35 40 BORING GB-5 Description 1--Tan brown, gravelly, silty SAND, fine-to coarse-grained, with cobbles, dry, medium-dense (FILL) ... -becomes moist, dense at 2' ... --.Y I -36 1 FILL --... -I 1--18 2 -increasing coarse sand 1-- -1-- ~--.~ lnterlayered dark brown, fiberous PEAT and gray SILT wtth organics and thin 1--sand lenses, saturated, soft to medium stiff --3 3 I -PT = 1--ML= --I -... 5 4 ----- 1-- 1-- 1--<r lnterlayered gray black SAND and silty SAND, fine-to medium-grained, with •r r coarse sand and fine gravel, saturated, medium-dense to dense -I i--33.4% 35 5 [gJ 1--j 1-- 1---I :JC:i\: 1--25 6 }?''::··-· 1-- 1--111· :i,, II• lnterlayered dark brown black, organic SILT, gray SILT with organics, gray, Ill' I I IF< organic SILT, and fine, fiberous PEAT, saturated, medium-stiff to stiff 111' 'i'' •I• ... Ill';.' Ii' 1:,'i'!' ':1' ''l2..i.!.l' J l -I ; OL: ... 10 7 : ML: -Jt ii: -11 I II' Ill J::: :1: -:1 1 :1 1 iii I I' J II -I 111 10 1 , -continued on next page ~ Jl. "' G EOTECH . ., CONSULTANTS, INC. BORING LOG Park and Garden Avenues Renton, Washington ~~--,c----~ / Job Date: Logged by: Plate: 06162 Ma 2006 GB 15 .. 45 17 50 12 55 7 60 65 11.5% 70 75 27.9% 80 BORING GB-5 continued Description -becomes mostly brown, fiberous peat 11+1.~---:----:------- lntertayered gray, silty SAND, gray black SAND. gray SAND, fine-to medium-- grained, with silt and gravel, saturated, medium-dense grading to very dense L~c~L--------------------------------- -continued on next page GEOTECH CONSULTANTS, INC. BORING LOG Park and Garden Avenues Renton, Washington Job Date: Logged by: Plate: 06162 May 2006 GB 16 •• 90 95 100 105 110 115 120 0 , 0~ BORING GB-5 continued . ~.j ,:/ ~ ,/ ~o Q'i ? ~o~ ~ '\o9 <o'$) ,l 0°'<!c <:,?c Description ,,,,,,, ...... -----------------------15 16 lntenayered tan brown, organic SILT and silty, fine, fiberous PEAT, saturated, stiff to very stiff 23 58 71 181 191 I Pl» SP PT lntertayered gray, silty SAND and gray SAND, fine-to medium-grained, with occasional fine gravel, saturated, very dense * Test boring was terminated at 96.5 feet during drilling on May 16, 2006. * Static groundwater level was measured at 5.1 feet on May 17, 2006. ~ Jl ·" GEOTECH -~ CONSULTANTS,INC. BORING LOG Park and Garden Avenues Renton, Washington ~""'-li!,•s.,.."!!'!,,,..~~---Job Date: Logged by: Plate: 17 06162 May 2006 GB ' 5 10 15 20 25 30 35 40 10 7 9 22.6% 32 38 8 9 BORING GB-6 Description Tan brown, gravelly, silty SAND, fine-to mediium-grained, with cobbles, dry, medium-dense (FILL) -becomes mostly gray 1 I FILL -pieces of coal mixed in fill at 6' =cl---~---c-------c--=----------c~- lnterlayered gray SILT with peat and brown, fiberous PEAT, saturated, medium- --stiff to stiff Gray black SAND, fine-to medium-grained, with siH and coarse sand and occa- sional fine gravel, saturated, dense 1~:1 -gravel lens from 22' to 23' 51 ····· -becomes mostly brown, fiberous peat ---------------------------------• continued on next page ~ .. -"' GEOTECH ., CONSULTANTS, INC. BORING LOG Park and Garden Avenues Renton, Washington ,,.,, .... lilJ!l!s .,..~>"'~=---Logged by: GB Plate: 18 Job 06162 •• 45 50 55 60 65 70 75 80 ,0 0 , 0~ 0 BORING GB-6 continued -0~v O' ~ ,l ~o ff ':> +o' ,$ ..,(!> <¢'-° </ 00-<" ,:l' Description 8.5% 15 8 47 9 50/6" 11 I ------------------- ------------------------------- Gray black SAND. fine-to medium-grained, with trace of silt and some coarse sand, saturated, dense -fine gravel in sand at 47' , Gray SILT with orgaincs, saturated, stiff ' ' ' ' ' ' --------------------------------~ lnter1ayered gray SAND with silt, gray black SAND with fine gravel, and gray, slightly silty SAND, finE>-grained, saturated, very dense o o -becomes mostly black, fine-to coarse-grained sand ' ' ' ' ' 0 ' ' -becomes mostly gray, silty SAND with gravel ----------- Brown, fiberous PEAT, saturated, very stiff lnterlayered gray black SAND and gray, silty SAND, fine-to medium-grained, with coarse sand and gravel, saturated, ver; dense WW---------------------------------. continued on next page GEOTECH BORING LOG Park and Garden Avenues Renton, Washington CONSULTANTS, INC. Job Logged by: GB Plate: 19 06162 .. ~ ... ... ... 85 ~ ... ... ... ... 90 --... ... ... ... 95~ ... ... ... ... 100 ~ ---- 105 ----- 110 --... ... ... 115 ~ ... ... ... ... 120 .._ 50/6" 171 .·.·.· . ........... ..._ ______________________ _ * Test boring was terminated at 86.0 feet during drilling on May 18, 2006 . * Static groundwater level was measured at 5.3 feet on May 18, 2006 . ~-~ GEOTECH °'fl/' CONSULTANTS, INC. BORING LOG Park and Garden Avenues Renton, Washington ~"'""""'-------$ ::.-Job I Date: I Logged by: IP/ate: 06162 I May 2006 GB 20 •• 5 10 15 20 25 30 35 40 127.8% 60 1 I FILL 7 20 10 18 13 BORING GB-7 Description Tan brown, gravelly, silty SAND, fine-to mediium-grained, with cobbles, dry to moist, medium-dense (FILL) -becomes mostly gray, dense -becomes very dense -grades to medium-dense lnterlayered gray SILT and brown, fine, fiberous PEAT, saturated, soft -becomes medium-stiff lnterlayered gray black SAND and gray, silty SAND, fine-to medium-grained, saturated. medium-dense -occasional 1" -2" thick peat layers in sand -2' thick soft silt layer ln1ertayered brown to dark brown, fiberous PEAT with silt seams and gray SILT with 1" -2" thick peat layers, saturated, stiff ----------------------------------continued on next page ~i.-1 ~!~!!is~IN~ ~~ .... tis--?~------- BORING LOG Park and Garden Avenues Renton, Washington Job Date: Logged by: Plate: 06162 May 2006 GB 21 .. 45 50 55 60 65 70 75 80 12, ' 0). BORING GB-7 continued <f "e s o :,.0 ·~0 ,$0, ~,0 ,o.j) , ~ .&-~ c..cf:i ,}o ;;;,O-v 0' <f <;,<Y \J-;, Description 13.5% • ,-------------------------15 8 46 ··~·· Gray black SAND, fine-. to medium-grained, with occasional coarse sand and fine gravel, saturated, dense 12 101 ··. Brown to dark brown, fiberous PEAT with occasional 1" -3" thick silt layers, saturated, stiff 21 111 __ -- ;c-;=1---------------·-------- ' 0 0 Gray black SAND, fine-to coarse-grained, with fine grave!, saturated, very dense 0 ' ' 0 0 121 0 0 0 53 0 0 0 0 0 ~o 0 0 25 131 : : : : : 0 -becomes mostly gray, silty sand, medium-dense 15 84 0 0 0 Brown, fiberous PEAT, saturated, stiff "iii! --------------------------- Gray SAND, fine-to medium-grained, saturated, very dense ±W ---------------------------------• continued on next page GEOTECH CONSULTANTS, INC. Job BORING LOG Park and Garden Avenues Renton, Washington -Date: Logged by: Plate: 06162 May 2006 GB 22 .. 85 91 90 95 100 105 110 115 120 BORING GB-7 continued Description * Test boring was terminated at 86.5 feet during drilling on May 19, 2006. • No groundwater measurements taken. GEOTECH CONSULTANTS, INC. BORING LOG Park and Garden Avenues Renton, Washington Job Date: Logged by: 06162 May 2006 GB .. Slope backfill away from foundation . Provide surface drains where necessary. Backfill (See text for requirements) Washed Rock (7/8" min. size) Nonwoven Geotextile Filter Fabric Tightline Roof Drain (Do not connect to footing drain) 4" min . Vapor Retarder/Barrier and Capillary Break/Drainage Layer (Refer to Report text) NOTES: 4" Perforated Hard PVC Pipe (Invert at least 6 inches below slab or crawl space. Slope to drain to appropriate outfall. Place holes downward.) (1) In crawl spaces, provide an outlet drain to prevent buildup of water that bypasses the perimeter footing drains. (2) Refer to report text for additional drainage, waterproofing, and slab considerations. ~•,I ~!.2T~~1ll 1;a....,~~~~"~~~~-!!!!!!!!!!""' FOOTING DRAIN DETAIL The Landing Phases 1 and 2 Garden Avenue North, Renton, Washington ca e: Not to Scale ate: 26 .. APPENDIX September 2005 Boring Logs GeoEngineers, Inc. GEOTECH CONSULTANTS, INC. •• . . Date{s) 09/09105 Logged SRR Chec:ked KHC Drilled By By Drilling Subterranean Drilling Mud Rotary Sampling SPT/Shelby Tube Contractor Method Me1hods Auger/Bil 5"0D Hemmer 140 (lb) hammer/ 30 (in) drop Drilling Track Rig Data Data Equipmerrl Total 97.5 Surface 29 GroundWater 21.5 Depth (ft) Elevation (ft) Elevation ---- Vertical Datum.I Ea,ung(x): Datum Sys1om Northing(y): SAMPLES '2 j " = 1 OTHER TESTS ~ • E MATERIAL DESCRIPTION • ~ 0 ... , • -.,. "' AND NOTES " • ,2 E z .., .l/ ~o ~-~ ... E.-~ > .. • • ~ " , C 8 • ':l I i e si ,D -$ :, '§. ~l! $ eE .,, C ai .2 oo C /!i_ a, , • :s: "'-' ('.)~ ~" 0 "'"' AC 7 inches ~phalt concrete . 0 GP 12 mcbes base course ~-0 SM f... Brownish-gray silty fine to medium sand with gravel (very Slow drilling at U feet . ] 12 I dense, moist) (fill) No sheen 87 " . - 5-~ - 1-:. Smoother drilling 5J_ ~. SM Gray silty fine to medium sand with trace organics I 0 2 ' (medium dense. wet) No sample recovery 1:1.1 7.5 feet - 10-I , ' ' --22 No sheen . . %F=29 . . . 112 13 ' 26 No sheen - 15-... - +· SP-SM Gray fine to coarse sand with silt and gravel ( dense, wet) ] 12 37 j No sheen ~ ,· . ~ I- " -1·._· 8 -20-I --! 1:./ Mil Dark brovm elastic silt (stiff: wet) w -1 I <> I -1 I ] 12 13 6 1 I 37 No sheen -. AL 1 I lj I! . -~ 25-I --Note: See Figure A-1 for explanation of symbols ~ LOG OF BORING B-1 ,.. ft •. ,..,., a <> § GEoENGINEERs Q Project: Lakeshore Landing ·-,.,. ,.... .• ,, .: :; Project Location: Renton, Washington Figure: A-2 ~ Project Number: 7630-006-00 Sheet 1 of 4 SAMPLES g ' ~ ~ i OTHER TESTS .,, 0 ~ E MATERIAL DESCRIPTION " ,>_ ~ . , • AND NOTES £i s E z ~ u ~-= -a_--~ • • • "' :2 ~o ,c c-~jl ~ 8 ~ ~ o_ ! ~g ,~ -· ::, " --1:-·"' .b E o E ·-C £ • 0 , Jl "~ 0 O Cl£ £ 0: ai ~ :;; <!)~ <!)<I) :>u 25 I ' 1 I -. 1 I I" 11/6" 7 1 I 75 Dropped rods -20 fctt, drove I I sampler 6 inches 1 I -- 30-1 I >--uJ PT Dark brown peat with (stifL moist} """' . """' ~ 12 12 • 276 No sheen """' f- """' """' f-- 35-"""' --~ SM Gray silty fine sand - --:·:: f-. . ~ 20 ' 32 %.f~O f-Shelby tube .sample collected .. ·1, '. No blow count information - 40--- ~~ SP~SM Gray fine to medium sand with silt (very dcn.se, wet) 112 so 10 •• - 45->-- ~ ML I-Gray sandy silt (medium stitt; wet) I l~ 7 ll ., AL ~ - ~ 50->--" § SM Gray silty fine sand (medium dense, wet) ~ w " _] l8 l2 24 %F•44 2 ,. I --. 55---Very hard drilling@ -S5 feet · ~ -~. SM Gray silty fine to medium sand with gravel (very dense. I . ra g LOG OF BORING 8-1 (continued) • . ~ Project: Lakeshore Landing -UHAt;J:·· • GEOENGINEERS a @ . ' i • " Project Location: Renton, Washington ':. " c· ure: A-2 ~ Project Number: 7630-006-00 Sheet 2 of4 SAMPLES ] 8 73 I) 60- J 6 D0/5.5' 14 -_ 65- 15 70- ] 6 5014" 1, I ' 75- ] ' 0/5.5 17 . 80--. MATERIAL DESCRIPTION wet) . -- SP Gray nne to coarse sand with silt and gravel (very dense, wet) . SP-SM Gray one m medium sand with sill (very dense, wet) . - >--- . --.. .. --.. OTHER TESTS AND NOTES F.asler drilling . - . - . - - . ] 12 57 '" Silt lenses observed in sample 185- 1 -Gray tine sand with silt and occasional fine gravel (very dense, wet) - -Slow drilling LOG OF BORING B-1 (continued) ~,1-----------------.---------.:...----...;.--1--~ ~ Project Lakeshore Landing ,.,nl"lr I •.. ~ GeoENGINEERS a Project Location: Renton, Washington ·-:~ re:A-2 ~ Project Number: 7630-006-00 Sheet, of 4 - . SAMPLES c .ii ~ = 1 OTHER TESTS 'C 0 _. E MATERIAL DESCRIPTION .. ,, e ~ , j AND NOTES = ] ~ ,g E z .s 0. 0 ~ i: .~ . c.-•• c-! '~ 2. Cl .g, " " "' " !!. fi" C) ~rE • 8 .I, E --0 ./l ·-~ !~ -" , . ~ ._ 0 ' >, 0 O .E "' iii "' "' Cl.., Cl"' :.u J '" ,o ,, I - 90-~ - . . ·. ] 5 50/5" " · .. -. - 95->-- . .. 6 78/6" " . . - 100- - 105- . - 110- s ~ " 0 0 --~ - w ~ 115- " ; . 1 ! ~ LOG OF BORING B-1 (continued) . • ·BRA;,_ .... · ~ Project: Lakeshore Landing ~ GEOENGINEERS CJ 0 m Project LocaHon: Renton, Washington .. " 0 rigure: A-2 ~ Project Number: 7630-006-00 Sheet 4 of4 Date(s) 09112105 Logged SRR Checked KHC Drilled By 9y Drilling Subterranean Drilling Mud Rotary Sampling SPT/Shelby Tube Contractor Method MMhods Auger/Bit 5" OD Hamme, 140 (lb) hammer/ 30 (in) drop Drilling Track Rig D ... Data Equipment Total 98.5 Surface 29 Groundwater 21.5 Depth {ft) Ele'w'tltion (ft) Elevation Vertical Datum/ Easting(x): Datum System Nortrnng(y): SAMPLES ,§. .! • ' OTHER TESTS ] o E MATERIAL DESCRIPTION 0 ... , > * a AND NOTES .c 1 E z .'.l 0 ~" .g .... 1i. ..... "'iij ~ • • .!i i a.• -g .!! ::,j w w ~ 8 ~ j ~E Cl ,!! .SI E"' -c .,.. • .2 ~ ""' 0 0 .E "' "' "' "' co.'.l (!)O, "() "~ 0 AC 4 inches bait -0 GP 10-12 inches base cow-se 0 0 0 --SM uray silty fine sand wim gravel (dense, moist) (.fill) · I " 38 I No sheen . . - 5--- ~-~ SM Gray silty fine sand with gravel Ooose, wet) .112 4 ' ~: 14 %F=28 No sheen -. - 10--- µA OL Gray-brown organic silt {medium stiff; -wet) ~ AA ] 18 5 J H• A 82 No sheen e'A ~ AA -"" 15-">" A c-- ~ -~ -~ " . " 4 ~· SP-SM ~ to coarse sand with silt and gravel (medimn 17 %F-8 .112 " e, Wci) No sheen . r . - 6 ~ 20---Slow driling 0 1." ,·. " r I • I .112 52 s No sheen Grades to very dense ~ . - i 25--- Note: See Figure A-l for explanation of symbols. g LOG OF BORING 8·2 • --"' ~ Project Lakeshore Landing J • GEOENGINEERS CJ ~ Project Location: Renton. Weshington :; ; 1gure: A-3 ~ Project Number: 7630-006-00 Sheet 1 of 4 .. SAMPLES . ) 18 48 30- 18 9 . 24 35- . :118 17 ' 40- ) " l7 " 45 • ~ ] 18 88 LL ~ 50- . ) " 7 I " ~ 55- 1 • MATERIAL DESCRIPTION . · ~ .. 1.,. OL Gray-brown orgmtic silt (stiff; wet) ~~ ~µ ~,,~ "L,~ L,µ I,µ L,~ L,!, L,!, "L,~ '"L, !, ~ :,,w: :,,w: :,,w: """' I,.., :.a.,: ""'""" """' """' """' """' """' :.a.: ~- L~ ffi [$ PT Brown peat (very stiff; wot) - SM Gray silty lD!c sand (very dense, wet) OH Gray and brown organic sill (medimn stiff, wet) - - - - 66 . 80 - 98 . - 24" - . . - OTHER TESTS AND NOTES No iliccn - Easier drilling@ -30 feet, silt iri cuttings No sheen DiffilcuJt drilling @ --47 feet Easier drilling @ -50 feet AL - - . . - - . . - LOG OF BORING B-2 (continued) _ ~1--~~~~~~~~~T"-::"~-:--~---:-:-'~-:-:----::--'-,·-I Project: Lakeshore Landing · .. . ; GEOE NGIN EERS Q Project Location: Renton, Washington ~------'-1"'. igure: A-3 ~'--------------...1...;.P.;.ro"j..;.ect.;;.;.;N.;.u;;;.mccb:ce:..cr;..: _7;,c6;.;3;.:0c..-O:c0;;;.6_-o_o'------------... sh ... eet_2_0_,._ ~ ~ § -~ w 0 SAMPLES .11849 13 60- . ] 18 9' 65- - - ] 18 22 1, 70- ] 18 19 16 75· 116 t,o/10" 17 . 80- . r:-l 50/4" " - MATERIAL DESCRIPTION - SM Gray silty fine to medium sand (dense, wet) : .. I' MH , , I I I I 1' , 1 w. l'f ,... ...... ,... ,... ,... ,... - - ,_ - Gray and brown elastic silt with fine sand and organics (very stiff; wet) Dark brown peat (very stiff; wet) """" : SM Gray silty fine to medium sand (very dco:sc, wet) I I:: . . - ,_ ,_ LOG OF BORING B-2 (continued) - . - - - - . - . . - 51 254 OTHER TESTS AND NOTES AL Very difficult drilling ,'. :,t-----------~--=--,-----,-,..;-,,--~--.,,..;....,---~ CJ Project: Lakeshore Landing . "J, B GEO ENG f NEE RS r, J Project Location: Renton, Washington '-------<1,',gure: A-3 - - . - - - . - . - ~ ~ Project Number. 7630-006-00 Sheel, of 4 '---------------'-"'------------------""---' SAMPLES c j .. "' ] OTHER TESTS " :; • E MATERIAL DESCRIPTION * £ ~ I :i • AND NOTES £ -~ i "" 1 0.0 ~-·2-c.-~ 8 Ji -! .,i ;i ~ ::, -§, •• 0. "" ·-D./l ..I E e~ et --C a~ .!l • .2 , . ~ "'.3 0 0 .E 0: "' "' "' (!)(I) :su .I ' ,,~, " " - 90-,~ SM Gray s11ty fine sand (very deme, wet) -. . · J 12 " 20 ' . . ' - 95--- . ' . . l" sow 21 c . - 100- . . . - 105- . - 110-. 5 ~ " . 0 ~ - ~ - w el 115- " I . ~ ~ . ~ I g LOG OF BORING B-2 (continued) . " --· ----· ~ Project: Lakeshore Landing ·-unl'tr ,,_ " GeoENGINEERS a ~ I, Project Location: Renton, Washington r-1gure: A-3 ~ Project Number: 7630-006-00 Shee14 of 4 Oate{s) 09113105 -09/14105 Logged SRR Ch&cl(ed KHC Drilled By By Dr1111ng Subterranean Drilling Mud Rotary Sampling SPT Contractor Method Method, Auger/Bit 5" OD Hammer 140 (lb) hammer/ 30 (in) drop Drilling Track Rig Data Data Equipment Total 99 s,"""" 31 Groundwater 23.5 Deptt, (ft) Elevation (ft) Elevation Vertical Datum/ Easting(x) Datum System Northing(y): SAMPLES :K • 1c ~ j OTHER TESTS !! ! § MATERIAL DESCRIPTION • 0 • "#-,, AND NOTES £ -• I e z ~ 0 o.<> l!!c 'E ..... -a.-• > ~I " :c .a • ::, .c .... ~ 8 .,, 0. ~E ---"' OJ:!~ ./, E ~ 8' ·o is • ill , • ~ " >, a~ C " "' "' CJ~ CJ"' "(.l 0 AC "l 1/2 inch halt , 0 o_ GP 12 inches base cowse Difficult drilling . SM Gray silty fine to medium sSJ1d with gravel (very dense, - . mo1stl(fill) ] l8 67 I No sheen " . " . 5-~ - :r .. -I I , 70 2 'i- Becomes wet -- 10-I -- . - Grades to medium dense . _] 6 29 ' 18 No sheen . 15-OUPT Gray-brown organic silt (still; wet) Easier dnlhng @ 15 feet -- ] L8 14 • " No sheen ~ ~ ~ § 20-SM Brownish-gray silty fine to medium sand (dense, wet) ~ . ~ - ~ .. ~ I : ] 18 34 ' : . 21 %F=t7 No Sheen . " ~ I 25-'--Note: See Figure A-l for explanation of symbols LOG OF BORING B-3 . " ---·CJRAFI-~ Project: Lakeshore Landing ~ GEoENGINEERS Q ~ Project Location: Renton, Washington . ' :' 8 rigure: A-4 ~ Proj&et Number: 7630-006-00 Sheet 1 of 4 .. SAMPLES [ 2 1 ~ OTHER TESTS "' 0 • E MATERIAL DESCRIPTION ;f. .. ~ 1i , V ~-AND NOTES .c ~ ; ; •• := • g-dl ~ ~ ~ "'" 0 C c-.. .c ;;;$ ::, -g, I "' 1i Q. , .Q u A E o E ·-C t~ 0 .e .s V , . ~ ~ gi "~ 0 O C a: "' "' "~ ""' ::.u 25 I : - ~ , , MH Bromi-gray elastic silt with organics {stiff, wet) 66 AL ~ 18 JO 6 No Sheen , 1 I I 30-, 1 -. [_;j . PT Dark brown peat (very stiff; moISt) ..... ] " 7 :,,,a,: ,ao 18 ..... :.M: :,,,a,: 35-..... --..... ~/ ML Gray silt(very still; wot) . . ] 18 17 • 43 AL '" 40--- . '" . ' Difficult drilling @ -42 feet k SP.SM Gray fine to medium sand with silt (very dense, wet) J 14 77 9 f I 45 • J<L ~ OL Gray~brown organic silt (sWI: wet) "~ -.. ~ jA ~~A 118 " 10 µA 81 ~kA . ~ vkA "'A ~ 50-vµA -- 8 .. kA . . -µ A ~ sk Difficul1 drilling @ -52 fet:t ~ SM Gray silty fine sand with occasional gravel {very dense, 0 :I 11 2 5 501:S" wet) 0 I .. 55---e ~ ~ I - ~ LOG OF BORING 8-3 (continued) ~ ~ Project: Lakeshore Landing UKAl-1' ~ GEOENGINEERS a 0 m Project Location: Renton, Washingtor ~ .. igure: A-4 ~ Project Number: 7630-006-00 $heel 2 Of 4 SAMPLES -J"" 12 .. . I . 60- - ·1,.,k. ] 6 92 13 I • -:1·. 65- . ] 18 53 " 70- - - ] l2 56 " 75- . 16 . · ... ] 12 50/6" 11 I .. ~" , .Q et CJ <J) SM PT - MATERIAL DESCRIPTION Gray silty fine to medium sand with gravel (very dense, wet) Dark brown peat (hard. moist) SM Gray silty fine to medium sand (very dense, wet) - . - - - - - SP-SM C-r'Gray==-:-.,o:cm=,w;;;um=,;;;an;;:d,-;wi;;:·th=sil"'. ,-can;;:d,-;o;;:ccas;:::;;wna!=:rcgr=av;;:cl,------j (very do=, wet) f-- ML Gray sandy silt (hard, wet) r -;,. ~ C: -· ----C 0 O :;o OTHER TESTS AND NOTES Easier drilling @-4;.5 ~1 . - . . . - Difficul1 milling @--68.5 feet - Easier drilling @-75 to 76 - ''" Difficu.ltdrilling@-78fect · - Easier drilling @ -85 feet - I --- ~tl------------L_O_,G...,~=-,...,:-:-tO_R_IN_G_B,..::...,.k-~:...,.~- 0 n-,:...,.~-:-:,,.:.;..~+--f)R-itrc ' ~ GEO ENGINEERS CJ Project Location: Renton, Washington'------~ ··_--'-'rigure: A-4 ~ Project Number. 7630-006-00 Sheet3of4 '----------....L.:..;..';l.;;;:.:.:=:.:::.:.......;.;;:::;:..;.;;:,.;.;:,_ ______ ....::::;:;;;.='-'---' SAMPLES £ .il 1i ~ OTHER TESTS "O 0 ! § MATERIAL DESCRIPTION * ,, ~ • AND NOTES £ -~ 1 ~ ':; ... g a." ~ i: ~...: a.-m "~ al. :,~ ~ ~ c 0 ~ ]-_$ g-CD a~ -~1= ·"' Cl .2:! 2 u o E ll • .5! , • ~ c3 .:I -~ Oo C 0: "' ~ ~ '""' ::. () .J .. ., .. f-. 90-I-" " - . SP-SM I-Brownish-gray fine to medium sand with silt (very dense, . 19 wet) ] 18 71 . 95-I-- _:.,...L--· .. " . ' . : SP Gray fine to medium sand (very dense, wet) .. · J 12 88 20 ·:· . ·. ,· .. ,' : ,'. 100- - . . . 105- - 110- - ~ ~ " a 0 - ! w 0 115 - I - • I ~ ~ LOG OF BORING B-3 (continued) • . ·:·: . . ~ ... u&.1n·r.;;li GEOENGINEERS Q Project: Lakeshore Landing g Project Location: Renton, Washington ..... ' . ~ . .. · · Fi" ure: A-4 ~ Project Number: 7630-006-00 Sheet4 of4 Date(s) Drilled Drilling Contractor Auger/Bit Data Tot"1 Depth (ft} Vertical Datum 09114/05 Subterranean 5"0D 82.5 SAMPLES I Logged . By Drllllng Method Hammer Data . Surfac;;e I Elevation {ft) Da\wn' System SRR Mud Rotary 140 (lb) hammer/ 30 (in) drop 31 Checked By Sampling Methods Drilling Equipment Groondwater Elevation Eesting(x)· Northing(y): ;[ J = _ ] ~ f j ] "1 _ 0 MA TE RIAL DESCRIPTION ~ ~ ;, .., a.ii ~ 8 ~ t'3 ! £ C. 5"..Q ~ £ ::::i "51 KHC SPT/Shelby Tube Track Rig 23.5 OTHER TESTS AND NOTES ~ ~ !l Ill i -g ; c e CII e [ o § 0~~ O-f=~~4 _m~Tw~w~r~~oS_o.c,..,~'--+-=~-~~--------------+-~-o"'-'~>'+--------~ AC 12 inch asphalt . o GP -··1"0"-1~2~1n"'cll=es"1>"'as"'e .. co=u==------------j 0 0 J , s0/6" -~ : : I· SM Brown silty uue to coarse sand with gravel (very dense, moist) (fill) 5- ··.~ ~ OH _ Dark brown organic silt (medium sriu to stiff, moist to '1-'f" _ wet) - - 0 • 20 10-ML Gray silt with organics (medium stiff. ~) . . :] 18 6 ' r SP-SM Gray fine to medium sand with silt (medium dense, wet) 15-I - . . ·)" 27 - . 8 ..; 20- I --; V SP-SM Fine to medium sand with silt (medrum dense, wet) I -J" ]J § . I 25--- 98 51 24 38 No sheen Wood debris in cuttings: No shttn AL No sheen - - - Gray sand observed at the tip of sampler %F .. g No sheen No sheen - . - . . 1 Note: See Figure A-1 for explanation ofsymbols g::======================::::::::;======:;===:::: ~t-------------,--=-LO,_G_O_F_B_O_R.,...IN.,.G-,-B_-4...,........,....--+-D I'll A ~ ~ « /"'i Project: Lakeshore Landing '111' ••: "' ,,; ~ GEOENGINEERS u.J Project Location: Renton, Washington'-----·--'-·. Figure:A-5 ~'------------~----..L..P_r_o.,_je_c_t_N_u_m_b_e_r_: _7_6_3_0_-_00_6_-_0_0 ___________ -'S"-he"'e .. 1_1~0-"'3'--' SAMPLES ~ j ~ " o i § "li MATERIAL DESCRIPTION * "' OTHER TESTS AND NOTES f_cii ~8~ ~ ~! ~~ c..'E ~c: 1e-- ~5-~-t==~~"'=~+-=!'---fi"----';~E---t''=+'~=,=.3;t--=~~~'-i---------------------+':~~~j'+'~'-"~4-----~~------I ] L2 14 30- ] 12 7 35- . ] 12 16 ' 40- 118 " IC 45- . . ] 12 20 ll -~ 50- 8 . J 18 16 " I I ~·~ """"' """"' "'""' :.a.,: """"' """"' """"' :.a.,: """"' :.a.,: """"' ~. SM Gray silty fine sand (medium dense, wet) >- PT Dark brown peat (medi1DJ1 stiff; wet) - - SM Gray silty fine sand with trace organics (medium dense, wet) ~- ~ SP-SM Gray fine to medium sand with silt (medium dense, wet) <-ML Gray-brownish silt with organics (stiff, wet) Dark brown peat (stiff, wet) Gray silty fine to medium sand (very dense, wet) 48 137 . . - 155 . - ., 29 - 234 . No sheen %F"'46 Gray silty fine sand in bp of sampler Drilling more difficult@ --4:5 fret Al. Hard drilling @ -5:5 feet - . - - - - . . - . - !; il---------_.::LO~G~O~F~B~O~R~l~NG~B:-4:(~c~o'.,.'.:nti~·n~u:e~d)~c=_::. ===:+--_j I GEOENGINEERS ;} ~~~~:::Location ~:~~:~~~aLs~~~;~n DRAFT\. r/.,/ ·. , F1 ure: A-5 ~\.... __________ .==:__.J__!P:'.!r~o1;ie~ct~N!!;u!!!m~b~e~r:'-7~6~3~0!;:-0~0~6~-~0~0---..:::=======::1!h~ee~122"'o~f3L) SAMPLES c .ii ] = 1 OTHER TESTS ~ '5 .l1 E MATERIAL DESCRIPTION .... .c n , .3 ~c AND NOTES ii-~ ~ ~ E z . a ~ '5 •-g .... • • -.c .a • ::, .c ~j .s 0 • " '1!. . ~ ".0 --~, u A E ! m c, oE ·-C • 0 , . •o -~ 0 0 C "' o5 " " (!)--' (!)O) :;u . · . J 18 54 ll t- . 60-... ~ SP-SM Gray fine to coarse sarid mth stlt (very dense, wet) Ea5icr drilling @ ---60 iect . t-. t-J 12 '96111" 14 -- -., 65--- - . . ] 12 89 " 70-'· r-- -t-- -t- _ I 2 5015" 16 t- I 75---. I -1 .. . I 12 00110· 17 ·.· . i ao--- § - t-a " 1 t--~ . w 0 ' I 65- ~ -• ~ - I C LOG OF BORING B-4 (continued) .: . !1 Project Lakeshore Landing UKAt"'l · " GEOENGINEERS a @ Project Locafion: Renton, Washingtor ' :; . ' igure: A-5 ~ Project Number: 7630-006-00 Sheet 3 or 3 '· • Dale(s) 09/17/05 Logged SRR Checked KHC Drilled Sy Sy Drilling Subterranean Drilling Mud Rotary Sampling D&M Contractor Method Methods --- Auger/Bit 5"0D Hammer 140 (lb) hammer/ 30 (in) drop Drilling Track Rig o ... Data Equipment Total 99 Surface 31 Groundwater 18.5 Dopth (ft) Ele1Ja1ion (fl) Elevation Vertical Datum/ Easting(x): Datum System Northing{y): SAMPLES '2 j "' C OTHER TESTS " • E • MATERIAL DESCRIPTION • e 0 }~ ~ '# " AND NOTES ;:; -,g ~ ~ e-'!....: ! ~" ,c Q.'ii ~ • JI { _ .. ::,~ 8 ! .. ~ ~~ .• C ·"' ~..!! .. 0 ~ E ~ e~ Oo '5~ , • <Ocl "~ C 0: "' • • "'"' ::,; " 0 AC 2 inches asohalt ' 0 0 0 GP a 12 inches base course . Slow drilling --~ ~ I . SM Gray-brown silty fine to medium sand with gravel (very I dense, moist) (fill) 11' 50 I 6 147 . 5-.l,.-. SM Gray silty smd with grave] (medium dense, mot.St) (fill) . ·1:: - . I " 22 ' 10-.. -~-Pr Dark brov.n peat (vay soft, moist to wet) - "'""' "'""' a . 118 2118' ) 'ii. 266 18 "'""' "'""' "'""' 15-"""" ~ -"'""' . ~~ -SM Gray silty fine sand (medium dense, wet) a I . 21 ' 27 97 ~ a ~ I b ~ 20-.. - ~ ~ a - ~ ML ; .11 ) ' No rccov-ery, grab sample indicated gray silt Wlth gravel . ~ I 25---Note: Set:, Figure A-1 for explanation of symbols. ~ $. LOG OF BORING 8-S .:.;.......;,;·, ~ ~ DRitFr· .•. • 2 Project: Lakeshore Landing ~ GEoENGINEERS a § Project Location: Renton, Washington ~ , igure: A-5 ~ Project Number: 7630-006-00 Sheet 1 of 4 ~ . 30- 35- 4-0 - . . 45- ~ 50- . SAMPLES I " ,, 8 I , 7 6 ' 5 10 ' II _,.,, . SP-SM Gray fine sand with silt (medium dense, wet) . . ',;i1r Pr :o.w: :o.w: :o.w: :o.w: :o.w: :o.w: :o.w: ,...,, :o.w: .. .. - - Dark brown peat (medium stif( wet) - - - . >. SP-SM f----,,0ra=y 0fine=10=-=m7edi"·um=san=d,-w.=th"s3il"t('"lo::cose.:::-cw:c,:e,)c------1 .. I- - .-· - Brown organic silt (soft, wet) Gray silt with trace organics and fine sand (soft-medium stiff, wet) - - - - 25 99 2, 92 154 33 OTHER TESTS AND NOTES No recovery. grab sample indiea1cd. peal - - - - . - - - - i1----------L_O_GT-::O_F:-B--,O_R_IN_G~B:--5:-(_co:-n-::t:-in-::u-:ed::::)':""i"_ EJ•R··· ·.· A. C''t .··1---, Project: Lakeshore Landing 71~ i GEOENGINEERS t:) Project Location: Renton, Washington '----'----------Figure:A-S ~...._ _________ _:.::;_ __ --1._:P_:r.::01.:·ect::::.;N:.:::um:::::be::r~:__:_76::3::;0:..-::00::;6:..-::00::_ __________ .::shc::ee:::;t"2'"0;..;'4~ • SAMPLES I ] " 1 " OTHER TESTS ~ 0 ! § MATERIAL DESCRIPTION 1f. " 5 E g E z j i ~-~ AND NOTES o.-iii ~ ~-,; 2~ c~ ~ ..!! z 0 • ~ t .!i ~ ,~ ·-:, " u ~ .g !, •a o E ·-C a~ " 2 • 0 ~ • 0 . ~ 0 O E ll'. a; "'"' "-' " U) :.u -1 " 2 " 67 57 60-~~~ PT Dark brown peat (stif( wet) """"" . """"" - """"" I" iO 13 """"" 245 21 ::.a..: I-. """"" . """"" 65-;:,,~ SP-SM Gray fine sand with silt (dense, wet) -- 11• 43 " 1:-.. . .. . 70-L:-~ Slow drillU\g . . SP-SM Gray fine to co~ sand with silt and gravel (dense, wet) . - . 118 46 " ' 13 124 ' ' I- 75->--- ~~ SP-SM Gray fine sand with silt (mcdiwn dense, wet) - - : I" 17 " ~ 80-I. . >--- ~ - ~ . s ~ ML Gray-urown silt Wlth fine sand and organics with lenses of 118 6 17 fine to medium sand (medium stif( wet) 45 76 ! I-. w 0 " OUPT Brown organic silt/peat (medium stif( wet} I 85->--- ~ - ~ < -I-i ~ -····---~--- ~ LOG OF BORING B-5 (continued) DRAFT;. :la Project: Lakeshore Landing ~ GEOENGINEERS a ~ . :, Project Location: Renton, Washington Figure: A-5 ~ Project Number: 7630-006-00 Sheet 3 or 4 SAMPLES c • ·., ~ ~ 1 -. OTHER TESTS "O 0 • E MATERIAL DESCRIPTION ;f. ;!a AND NOTES ~ 1S. 0 • &c ·'g'--£ -. ~ E Z -' u ,,_o o.-~ > • • .. :2 2. ::, "§, •• "' 1S. .!! g-C, 5E --0 J!1 • 8 i l, E ·o ~ 5~ -. Jl ~ ~ ._ 0 -~ "u C 0: "' CJ-' "'U) _I'° 0 " --~" 90---. SP Gray fine sand with trace silt (dense to very dcilSc, wet) . .. · I" 31 " -_ 95· ~ - I . " : 117179111" 20 . 100- - 105- . . . 110- . ~ . § ~ 8 - ~ ~ 115 - i - ~ ~ I ~ -·--·,-~ LOG OF BORING B-5 (continued) DR,.,..,. .. • ~ Project: Lakeshore Landing 11,:1: f: i GEoENGINEERS a ' ' . ,. Project Location: Renton, Washington Figure: A-5 ~ Project Number: 7630-006-00 Sheet4 of 4 , 1 I ll 1 ~~ 0 2 Q ' q > w -' w I .... (I 0 z w :::, z w > ::i <( 0 " ii: a: >-"' .... o_ N 0 z Q ' <( > w ...J w w > ii 0 -' w -a: .... 0 < n:?:: >-(I >-CL : : ·i1!1~1 · ~lli I ~~ .... 0 ~ ~ z 0 "' z ~ ::;: "' .. 0 ..J Cl z 0 "' ... > z 0 "' z C < :,: V, '( Cl .....l ~ ..J "' ... Ul z "' 0 .... -:r: z '( "' .... f-"' 0 z 0 ;:: < > w ...I w z w ::::, z w > <( -'z < w Oo ii: er > < ... Cl .. ~-- "' 0 z Q •-<( > w ...I w >-- (f) _, T <( ... U o a:- >-z •- : : :!i!i~I ~1l1 I ~l ... 0 ~ :z. 0 "' z ~· ~ c.. 0 ...I 0 z 0 "' .... > z 0 "' :z. a <1'. i "' < a ...] ~ ...I w u. w ;.c. "' 0 .... -:I: ;z. < "' u. ..... "' w- 08-5 GB-6 East GB-2 B r SCALE VertJcal • 1• : 20' Horizontal• 1•: 50' GEOTECH CONSUL TANI'S, INC. SIMPLIFIED CROSS-SECTION SK.l!.'TCH 8-8' The Landing Phases 1 & 2 Proposed Residential Development Garden Avenue North, Renton, Wsshington IJob:t~ 16=2006 1s~~ I plati,· 25 ,, North GB-1 GEMS GB-7 South 08-<t \ ' .. .,, A ~ SCALE Vertical • 1• : 20' Horb:ontal = 1·: so· GEOTECH CONSULTANTS, INC. SIMPLIFIED CROSS-SECTION SKETCH A-A' The Landing Phases 1 & 2 Proposed Residential Development Garden Avenue North, Renton, Washington [ .Job No: 06162 I 2*'2006 ISC&.1!,: I Piaf&: SeeAboYe 24