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� :���:;���l�o�,RE�ORD A� �EQUES i (�� � �` �. � � �
;0� �_�:flF THE CITY CLERK ,,,� ����4 �'�
�E��tQ�t;MUNICIPAL Bt�G. , �:����' � "�
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RE�ITON, WA 9805� � ��_ �. = � �
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MAINTENANCE AGREEMENT ;�,,� �'� �.�`,c
THIS MAINTENANC� A.GREEMENT (hereir.aftr:r r�ferre� to as the 1x '
rti2�4$C c f{ vv�,
"Agre2ment" ) is entered into as of �N������ �� , 199Q , by andQ
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between KOLL LAKE UNION ASSOCIATES , a California limited part-
nership (hereinafter referred to as "KLUA" ? and the CITY OF
RENTON.
RECITALS
A. KLUA is the developer of certain real property located in
i the -City of Renton, Washington, more particularly described in
• EXHIBIT A attached hereto and made apart hereof (hereinafter re-
�� ferred to as the "Property" ) .
�
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�
� B . The City of Renton, as a condition for the issuance of a
� Determination of Non-Significance for the Prop�rty, requests
��, that KLUA provide and maintain a six (6} foot high solid cedar
" fence (her2inafter referred to as thz "Fence" ) and a ten (10)
foot wide site obscuring landscape buffer (hereinafter referred
as the "Buffer" ) along the full length of th2 east line of the
Property.
IVOW, THEREFORE, in consideration of the mutual t2rms and condi-
tians herein set forth and for other good and valuable consider-
ation the receipt and sufficiency of which is hereby acknew-
ledged, the parties hereto agree as follows :
'�3.����r 2� �12�5 lE. I
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l . FENCE AND BUFFER. KLUA shall provide , at KLUA' S solz
cost and expense , a six (6? foot high fence and a ten (10) foot
wide site obscuring landscape buffer along the full length of
the east line of the Property.
2 . MAINTENANCE. KLUA agrees to diligently maintain in
good condition and repair the Fence and Buffer at its sole cost
and expense , using generally accepted methods for maintenance .
3 . COVENANTS RUNNING WITH LAND. The benefits and burdens
created by this Agreement shall constitute covenants running
with the land and shall be binding on all subsequent owners of
the Property.
4 . TERM. The obligations set forth in this Agreement
� shall continue in full force and effect in perpetuity from the
�
� date hereof .
�
� 5. CONVEYAIVCE OF PROPERTY. Upon conveyance or transfer
'�
� of the Property by KLUA, KLUA shall have no further obligations
� or liability hereunder .
6 . AMENDMENT. This Agreement shall not be amended except
by the written agreement of the parties or their successors .
7 . ENTIRE AGREEMENT. This Agreement contains the entire
agreement between the parties regarding the maintenance of the
Fence and Buffer and supersedes all written or oral communica
tions between the parties prior to execution. �
IN WITNESS WHEREOF, the parties her2to have executed this
Agreement as of the day first above written
. . , ' . • • �. �.
CITY OF RENTON KLUA
KOLL LAKE UNION ASSOCIATES,
� L.P. , a California limited
, By: � partnership
Its: BY ITS GENERAL PARTNER:
� TEST: THE KOLL COMPANY, a California
�
corporation
City� Clerk - ��q / I r -_ _
`�' � By: c�U —
William J. J t
Vice Presid t
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068E0007 3
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STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
I certify that I know or have satisfactor_v eviden�e that
the person appearing before me and making this acknowledgment is
the person whose true signature appears on this document.
On this �� day of ��c�i , 199�, before me
personally appeared WILLIAM J. JUSTEN, P.E. , to me known to be the
Vice President of The Koll Company, a California corporation,
General Partner of ROLL LARE UNION ASSOCIATES, L.P. , a California
Limited Partnership, the partnership that executed the within and
foregoing instrument, and acknowledged the said instrument to be
the free and voluntary act and deed of said partnership, for the
uses an� purposes therezn mentianed, and on oath stated that he was
authorized to execute said instrument.
WITNESS my hand and official seal hereto affixed the day
and year first above written.
1�
�! -- - ��- o� .��
� Notary Public in and for the tate
� Of Washington .•, residing at
� My commission expires: (2y-���
�?'
`O STATE OF WASHINGTON )
� ) ss.
COUNTY OF KING )
I certiiy that I know or have satisfactory evidence that
the person appearing before me and making this acknowledgment is
the person whose true signature appears on this document.
' On this �hd day of � , 1990, before me
personally a eared , to me known
to be the of CITY OF RENTON,
Lhe ci4y tha� Y�cu��d tl•e with�n and forego�.nc� instru�er�t, and
acknowledged •the said instrument to be the free and voluntary act `
and deed of said city, for the uses and purposes therein mentioned,
and on oath stated that he/she was authorized to execute said
instrument and that the seal affixed, if any, is the corporate seal
of said city.
WITNESS my hand and official seal hereto affixed the day
and year first above written.
N tar u lic in and for the State I�
of W hi gton, residin�t ' ��� I
My co ission expires: ,
068E0007 4 I
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OF �E�'T(4h{ 29, TtJP 24hl�, �GE 5E, tlM, C i�V 0� RE�TOai, t�RSN I�GTON
TA� ASS��SOR'S NU�IBER: 334330—t i 00-01
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MEMORANDUM � �
T o �-��I � �--�'-,c- D a t e � 29 ��
F r o m �-- :-t�rz� �__� ���--..� (���-�.�., •.��..r�.i�F��a�:.�?,�..�.
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, � �-:- CIT'Y (J�` RENTON
..tt, , x� Office of the City Attarney
�
Earl Clymer, Mayor Lawrence J. Warren
� September 4 , 1.990
T0: Mark Pywell, AICP, Senior Planner
FR(JM: Lawrence J. Warren, City At�.orney
RE : K.L.U.A. Building
' ECF; SA-067-9Q
Dear Mr. Pywe11 :
The fence maintenance agreement, as praposed by Scatt Miller,
would be acceptable i.n that it would be recarded and �herefore be
an exceptian ta any title report . It would also provide later
, legal notice to any new owner. Therefore, there woulci be no
distinction between a �ence maintenance agreement and a covenant .
The fence maintenance agreement wc�uld, in �act, be a covenant and
should serve the city' s needs . !
� '
� ��..t,.��.c.�� .. �/�Cc?�1�...-__-��—..'.
i ��..� Lawrence J. arren
LJW: a� .
cc : Mayor Cl�mer
A8 . 6Q : 39 .
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�-- ri �. �nn � � * � p r n e in ton 98Q57_(206) 255-8b7$ I
{ ',. _ �..:� �7� �o "
�lt�p.�c��RECORD A� REQ�ESi U� c�-�A�67-9�` �i .
p� �_�Of THE CITY CLERK ��= �
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�E�,�. �auN�c��:Br��: _ , ,_J.�
2�.-��`AVE.`SO:- � � " �-,�" � m
REiVT01d, WA 9805�i ��� � `j��"�` `�
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MAINTENANCE AGREEMENT �o `..=/'"' �
"�Tt
C!?
THIS MAINTENANCE AGREEMENT (hereinafter referred to as the , ► I
v\.l
!ti'L�4�C c f-F
"Agre2ment" ) is 2ntered into as of �-t��t,��. �� , 199v , by and��
between KOLL LAKE UNION ASSOCIATES , a California limited part-
nzrship (hereinafter referr2d to as "KLUA" ) and the CITY OF
RENTON.
RECITALS
A. KLUA is the developer of certain real property located in
the City of Renton, Washington, more particularly described in
� EXHIBIT A attached hereto and made apart h2reof (hzreinafter re-
� ferred to as the "Prop2rty" ) .
�
O
�
O
B . The City of Renton, as a condition for the issuance of a
�
Determination of Non-Significance for the Prop�rty, requ2sts
that KLU.A provide and maintain a si� (6) foot high solid cedar
fence (hereinafter referred to as the "Fence" ) and a ten (10)
foot wide site obscuring landscape buffer (hereinafter referred
as the "Buff�r" ) along th2 full lzngth of the east lin2 of the
Property.
NOW, THEREFORE , in consideration of the mutual terms and condi-
tions herein set forth and for other good and valuable consider-
ation the receipt and sufficiency of which is her2by acknow-
ledged, the parties hereto agree as follows : I
��.:�s�:�.:��'��: �z��� �
�:wiw FE� '�F ►�s-►
RER��C:� �' ;-�', t?t_i
:=:�;�.��=.�_ �:�:�:i i:, ��i��
�: �
► ' ` • ' � ' � , '
1 . FENCE AND BUFFER. kLUA shall provide , at KLUA' S sole
cost and expense , a six (6) foot high fence and a ten (10) foot
wide site obscuring landscape buffer along the full length of
the east line of the Propzrty.
2 . MAINTENANCE. KLUA agrees to diligently maintain in
good conctition and repair the Fence and Buffer at its sole cost
and �Xp2I1S2 , using generally accepted methods for maintenance .
3 . COVENANTS RUNNING WITH LAND. The benefits and burdens
cr2ated by this Agreement shall constitute covenants running
raith the land and shall be binding on all subsequent owners of
the Propt�rty.
4 . TERM. The obligations set forth in this Agreement
shall co�atinue in full force and effect in perpetuity from the
t� dat2 nereof .
�ct-
� 5. COI�VEYANCE OF PROPERTY. Upon conveyancz or transfer
�
� of the Property by KLUA, KLUA shall have no further obligations
O
— or liability herzunder .
�
6 . AMENDMENT. This Agreement shall not be amended except
by the written agreement of the parties or their successors .
7 . ENTIRE AGREEMENT. This Agreement contains the entire
agreement between the parties regarding the maintenance of the
Fence an.d Buffer and supersedes all written or oral communica
tians be�tween the parties prior to execution. I,
IA1 WITNE:SS WHEREOF, the parties hereto have executed this
Agreemer.it as of the day first above written i
�
r ` � � � ' � .
CI'�Y OF RE2dTQN KLUA
KQLL LAKE UNION ASSOCIATES,
,�,� �` L.P. , a California limited
BYd par�.nership
ZtS� �a.3�,�„� „� BY ITS GENERAL PARTNER:
TEST: THE KC?LL COMPANY, a Cali�'arnia
C� � „_. corporation
�'�. U�z�C��v-._ r -
City Clerk�/ t�l��-�ll � J� , _
By: �,���
Wi].liam J. J tc�
Vice Presid t
ti
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p68E0007 3
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STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that
the person appearing before me and making this acknowledgment is
the person whose true signature appears on this document.
On this �' _ day of �1�J�.c.c,,�i , 199Q, before me
personally appeared WILLIAM J. JUSTEN, P.E. , to me known to be the
Vice Presicient of The Koll Company, a California corporation,
General Partner of ROLL LARE UNION ASSOCIATES, L.P. , a California
Limited Partnership, the partnership that executed the within and
foregoing instrument, and acknowledged the said instrument to be
the free an�d voluntary act and deed of said partnership, for the
uses a�� pu:rposes there=in mentianed, and on oath sta'�ed that he was
authorized to execute said instrument.
WITNESS my hand and official seal hereto affixed the day
and year first above written.
�a'�7't-/ /�. ���f�n./�--�
Notary Public in� and for the tate
Of Wa.shington - , residing at
My commission expires: ��-� �
� STATE OF WASHINGTON )
�,,.� ) s s.
— COUNTY OF KING )
�
� I certiiy that I know or have satisfactory evidence that
�!"
� the person appearing before me and making this acknowledgment is
� the person whose true signature appears on this document.
On this �hd day of � , 1990, before me
personally �� eared , to me known
to be the ` of CITY OF RENTON,
thP r.ity tha�t x?cu���? tl,e withi� and forego�.nc; instru:�er��, and
acknowledged �the said instrument to be the free and voluntary ac;t '
and deed of said city, for the uses and purposes therein mentioned,
and on oat:h stated that he/she was authorized to execute said
instrument and that the seal affixed, if any, is the corporate seal
of said city. �
WITNESS my hand arid official seal hereto affixed the day
and year first above written.
N tar u lic in and for the State
7 ':, of W hi gton, residing j t ' �
� ��} ' My co ission expires:
068E0007 4 I
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To �" ��� % z.���� Gate � ��f��
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� � Office of the City A,ttarney
� � �.
Earl CI mer Mayor Lawrence J. Warren
Y
�
�
September 4 , 1990
TO: Mark Pywell, ATCP, Senior Planner
FROM: Lav,jrence J. Warren, City Attorney
i RE : K,L.U.A. Bu.ilding
i ECI.�; SA-Q67-90
�
Dear Mr . Pywell :
The fence maintenance agreement, as proposed by Scott Miller,
! would be acceptable in �hat it would be recorded and therefore be
an exception to any �.i�1.e repoz'� . It would also provide later
legal notica to any new owner . Therefore, there would be no
distinction between a �ence maintenance agreement and a covenant .
The fence m<�intenance agreement would, in fact, be a cavenant and
should serv�� the city` s needs . +
i
c'�,�n.�-v�..Piu,-� ' �'�.�CrZ-'I�._.-.-.,'
I �..,--� Lawrence J.�arren
�
� LJW: as .
� cc : Mayor Clymer
A8 . 60 : 39 .
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