HomeMy WebLinkAboutCAG2000-0396 - Original - The Boeing Company - Pacific Gateway Business Park License and Indemnification Agreement - 08/31/2000 LICENSE AND INDEMNIFICATION AGREEMENT
This License and Indemnification Agreement ("Agreement") is made and
entered into as of the f/O day of 4U WST, 2000, by and between THE BOEING
COMPANY, a Delaware corporation ('Boeing"), and the CITY OF KENT, a
municipal corporation of the State of Washington ("City").
RECITALS
A. Boeing is the owner of certain real property ('Property"), known as
Pacific Gateway Business Park, located in the City of Kent, King County,
Washington, consisting of Lots 1, 2, 3, 4, and 5 of the Large Lot Segregation recorded
as No. 19990730000263 in the Records of King County, Washington, and more
particularly described in EXHIBIT A.
B. A portion of the Property, known as Tract C, lies mostly within 200 feet
of the Ordinary High Water Mark of the Green River, but also includes an area east of
the 200-foot line in Lot 3 of the Large Lot Segregation cited in Recital A, as more
particularly described in EXHIBIT B.
C. On May 26, 2000, Boeing and the City executed a Dedication
Agreement, under which Boeing agreed to dedicate and quitclaim Tract C to the City
following the installation of certain improvements, or the bonding for such
improvements, required in the Dedication Agreement, including a public parking lot in
Tract C and a landscaping buffer along the eastern boundary of Tract C, but in no
event later than the date of approval of the final plat for the Property. This Dedication
Agreement is attached to this Agreement as EXHIBIT C.
D. The City desires to enter onto Tract C before the actual conveyance of
Tract C under the Dedication Agreement, for purposes of access to and maintenance
and repair of the levee on the east side of the Green River.
E. Boeing is willing to grant to the City a license to enter onto Tract C for
the stated purposes upon execution of an appropriate license and indemnification
agreement.
AGREEMENT
NOW, THEREFORE, in consideration of the covenants and under the terms
and conditions hereinafter set forth, the parties agree as follows:
LICENSE AND INDEMNIFICATION AGREEMENT- 1 8129/00
1. Grant of Nonexclusive Use. Boeing hereby grants to the City a
nonexclusive license, subject to the terms and conditions of this Agreement, to enter
onto Tract C before conveyance of Tract C to the City under the Dedication
Agreement ("License").
2. Term. This License shall commence on the date of execution of this
Agreement and shall terminate six (6) months after the date of execution of this
Agreement or on the date of conveyance of Tract C to the City under the Dedication
Agreement, whichever is earlier, unless sooner revoked in accordance with this
Agreement. In the event that the date of conveyance of Tract C to the City under the
Dedication Agreement is before October 31, 2000, the terms of this Agreement shall
remain in effect through October 31, 2000.
3. Purpose. This License is granted to the City for the sole purpose of
allowing the City access to Tract C in order to maintain and repair the levee on the
east side of the Green River. All disturbance to the land on Tract C shall be limited to
pursuance of this purpose.
4. Access. The City's entry onto Tract C shall be exclusively via the
existing Russell Road South, either from South 2121h Street or from South 196`h Street.
No entry by the City onto Tract C through the Property shall be permitted without the
prior written consent of Boeing.
5. Interference. This License herein granted is nonexclusive. Boeing
reserves the right, and the City agrees to Boeing's right, to enter onto Tract C for any
reason and to permit a third party to do so. Boeing agrees not to unreasonably
interfere with the City's permitted activities on Tract C under this Agreement. The
City agrees not to unreasonably interfere with Boeing's activities on Tract C or on the
Property.
6. Acceptance. The City acknowledges that Boeing has made no
representations or warranties beyond those contained within the Dedication
Agreement concerning the condition or suitability of Tract C for the purposes intended
under this Agreement.
7. Consideration. In consideration for this License, the City agrees to
maintain Russell Road South, between the existing entry road to the Property from
Russell Road South and South 196`h Street, in a condition suitable for Boeing's
requirements for access to Tract C and the Property at least until October 31, 2000, or
at such time Boeing notifies the City in writing that it no longer needs the access for
construction purposes, whichever is earlier.
LICENSE AND INDEMNIFICATION AGREEMENT- 2 8/29/00
8. Revocation. The interest created under this Agreement is a license, and
no easement, leasehold, or tenancy is intended to be or shall be created hereby. Before
the levee maintenance and repair project commences, Boeing retains the right to
revoke this License at any time for any reason, upon giving the City ten (10) days'
prior written notice of revocation. After the levee maintenance and repair project
commences, Boeing agrees not to revoke this License unless Boeing determines that
the City has breached the terms of this Agreement. In the event of such a
determination, Boeing shall give the City written notice of the breach and shall
schedule a meeting to discuss the breach and proposed remedies. If the parties cannot
in good faith agree on a remedy at this meeting, Boeing may revoke this License by
giving the City ten (10) days prior written notice of revocation.
9. Indemnity. The City covenants and agrees that it will at all times during
the term of this License indemnify, protect, defend and save harmless Boeing, its
affiliate companies and subsidiaries, and the respective shareholders, directors,
employees, contractors, and agents of each, from and against any and all claims,
demands, losses, damages, costs, charges, liens, liabilities, and attorneys' fees arising
from or resulting from the City's entry onto or occupation or use of Tract C, or from
any act, fault, negligence, strict liability or omission of the City, the City's agents,
employees, invitees, independent contractors, consultants or permittees thereon or in
connection with the exercise of this License. The City shall not be required to so
indemnify, protect, defend or save harmless Boeing against liability for damages
caused by or resulting from the sole negligence of Boeing or any of Boeing's agents or
employees.
10. Assignment. This License shall not be assigned or otherwise
transferred, in whole or in part, without the prior written consent of Boeing.
11. Binding Effect. The rights and obligations set forth in this Agreement
shall bind and inure to the benefit of the parties hereto, their successors and assigns.
LICENSE AND INDEMNIFICATION AGREEMENT-3 8129/00
12. Notice. Except as otherwise specified herein, all notices to be given
under this Agreement by either party must be given in writing and personally
delivered or deposited in the United States mail, postage prepaid, registered or
certified, and addressed to the party at its respective mailing address as follows:
The Boeing Company City of Kent
Attn: Gerald Bresslour, Esq. Attn: Roger Lubovich
MS 13;08 City Attorney
P. O. Box 3707 220 Fourth Avenue South
Seattle, WA 98124-2207 Kent, WA 98032-5895
EXECUTED as of the date first specified above.
THE BOEING COMPANY, a Delaware
co ation
B
Ph' p W. Cy
Attorney-i act
President, Boeing Realty Corporation
APPROVED AS TO FORM: THE CITY OF KENT, a municipal corporation of
the State of Washington
By. _
oger Lubovich J' White, Mayor
City Attorney
LICENSE AND INDEMNIFICATION AGREEMENT-4 8/29/00
EXHIBIT "A"
BOEING SPACE CENTER PROPERTY
LEGAL DESCRIPTION OF PACIFIC GATEWAY BUSINESS PARK SUBDIVISION
Lots 1, 2, 3, 4, and 5, inclusive, of Large Lot Segregation as recorded under Recording
No. 19991123001310, Records of King County,'Washington.
Project Name: Pacific Gateway Business Park
December 22, 1999
6942L.012 _
RWGfjss
EXHIBIT "B"
LEGAL DESCRIPTION
TRACT 'C'
All those portions of Lots 3, .4, and 5, Large Lot Segregation, as recorded under Recording
No. 19991123001310, Records of King County, Washington, lying Westerly of the following
described line:
COMMENCING at the East quarter corner of Section 2,Township 22 North, Range 4 East,W.M.,
from which point the Southeast corner of said Section bears South 01° 01' 16'West, 2,640.39
feet distant;
THENCE North 890 12' 25" West along the North line of the Southeast quarter of said Section
a distance of 2,644.71 feet;
THENCE North 89' 11"08" West along the North line of Government Lot 4 of said Section 2 a
distance of 842.41 feet;
THENCE South 26° 57' 32" West, 161.32 feet;-
THENCE South 50° 53' 04" West, 96.91 feet to the POINT OF BEGINNING;
THENCE South 00° 48' 52" West, 141.23 feet;
THENCE South 05° 07' 18" West, 100.56 feet;
THENCE South 12° 13' 24" West, 108.86 feet;
THENCE South 20° 09' 16" West, 102.86 feet;
THENCE South 28" 48' 18" West, 196.14 feet;
THENCE South 37° 51' 16" West, 144.68 feet;
THENCE South 35° 22' 49" West, 162.37 feet;
THENCE South 42° 58' 40" West, 143.61 feet;
THENCE South 26° 40' 58" West, 201.90 feet;
THENCE South 19' 17' 21" West, 354.41 feet;
THENCE South 22° 52 29" West, 247.11 feet;
THENCE South 14° 11' 58" West, 228.74 feet to the beginning of a 120.00 foot radius curve
to the left;
THENCE along the arc of said curve, passing through a central angle of 82° 30' 27", an arc
distance of 172.80 feet;
THENCE South 68° 18' 29" East, 246.17 feet;
THENCE South 56' 38' 04" East, 115.12 feet;
THENCE South 50° 24' 00" East, 92.94 feet;
THENCE South 40° 15' 27" East, 244.86 feet;
THENCE South 29° 04' 13" East, 151.86 feet;
THENCE South 160 58' 45" East, 163.16 feet;
THENCE South 10° 15' 27" East, 93.40 feet; .
THENCE South 12' 18' 20" East, 223.94 feet;
THENCE South 09° 41' 19" East, 253.28 feet;
THENCE South 00' 14' 09" East, 129.45 feet;
THENCE South 12° 32' 45" West, 194.65 feet to the Southerly line of said Lot 5, the Northerly
margin of South 212th Street, and the terminus of the herein described line.
Project Name: Pacific Gateway Business Park
October 12, 1999
Revised December 22, 1999
RWG/smfjss
6942L.011 '
EXHIBIT "C"
DEDICATION AGREEMENT
This Dedication Agreement is made as of the �� day of-Ap*4, 2000, by
and between THE BOEING COMPANY, a Delaware corporation ("Grantor") and the
CITY OF KENT, a municipal corporation of the State of Washington ("Grantee").
RECITALS
A. Grantor is the owner of certain real property ("Property"), known as
Pacific Gateway Business Park, located in the City of Kent, King County,
Washington, consisting of Lots 1, 2, 3, 4, and 5 of the Large Lot Segregation recorded
as No. 19990730000263 in the Records of King County, Washington, and more
particularly described in EXHIBIT A.
B. The western boundary of the Property abuts the public right-of-way of
Russell Road South, paralleling the Green River, as approximately shown on
EXHIBIT B.
C. A portion of the Property, known as Tract C, lies mostly within 200 feet
of the Ordinary High Water Mark of the Green River, but also includes an area east of
the 200-foot line in Lot 3 of the Large Lot Segregation cited in Recital A, as more
particularly described in EXHIBIT C.
D. Grantor intends to subdivide the Property for sale or lease of lots for
industrial development.
E. Grantee desires to develop land along the Green River for recreation,
levee maintenance, vegetation planting and preservation, and fish and wildlife habitat.
F. Grantor is willing to dedicate and quitclaim its title to Tract C to
Grantee as full and final settlement of Grantor's obligations, if any, for any and all
adverse impacts to the recreational resources, facilities and services of the City of
Kent, and subject to the terms and conditions contained in this Agreement relating to
Shoreline Management Act requirements and KCC 15.08.260(D)(9)(c).
AGREEMENT
NOW, THEREFORE, for a good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the parties agree as follows:
Grantor hereby agrees to dedicate and quitclaim to Grantee a portion of the
Property, known as Tract C, that includes all of the Property located within 200 feet
DEDICATION AGREEMENT -1- 3/29/00
C:\DATA\SOLUTION\Winword\FILES\SB993500.298
of the Ordinary High Water Mark of the Green River and an area of Lot 3 of the Large
Lot Segregation cited in Recital A, as more particularly described in EXHIBIT C and
as depicted on EXHIBIT B. Grantor agrees to quitclaim Tract C to Grantee following
improvements or bonding for improvements required in Sections 3 and 4 below to said
tract but prior to or in conjunction with final plat approval of the property set forth in
EXHIBIT A.
This dedication is made subject to and conditioned upon the following terms,
conditions, and covenants, which Grantor and Grantee promise to fully observe and
perform:
1. The dedicated property, Tract C, shall be used only for the public
purposes related to the following: (a) recreation, open space and trails; (b) levee
maintenance, construction, and reconstruction; (c) vegetation planting and
preservation; and (d) fish and wildlife habitat.
2. Grantor agrees to provide, pursuant to and in full satisfaction of the
public access requirements of the Green River Special Interest District,
KCC 15.08.260, one 20-foot wide public access easement from a public street on the
Property to the Tract C boundary for every 1000 feet of Green River or scenic drive
frontage, up to a total of four access points from the Property, for use to construct
public access sidewalks or trails from the public street to the Tract C boundary.
Grantor will install a 10-foot wide sidewalk or trail on each public access easement
corridor. Within one year of completion by Grantor of these public access corridors,
Grantee shall provide public access through Tract C to these corridors. Grantor shall
pay Grantee $6,000 for construction of these public access connections through
Tract C.
3. Grantee shall obtain all necessary permits for, and Grantor shall
construct, a public parking lot in Tract C at the approximate location shown in
EXHIBIT-D, based upon the conceptual plan approved by the Parks Department on
December 7, 1999, attached hereto as EXHIBIT D, for the purposes of providing
public access to Tract C, in full satisfaction of the parking requirements of the Green
River Special Interest District, KCC 15.08.260, and Shoreline Master Program, KCC
§ 5.8. Grantee agrees that no public parking facilities will be required to be located
on the Property retained by Grantor and its successors as a condition of plat approval.
The public parking lot shall be installed within one year of the date of execution of
this Dedication Agreement in accordance with all applicable City standards. The
public parking lot shall be owned and maintained by the City of Kent at its expense
upon conveyance of Tract C.
DEDICATION AGREEMENT -2- 3/29100
C:\DATA\SOLUrIOMWinword\FILES\SB993500.298
4. - Grantee shall obtain all necessary peimits for, and Grantor shall
construct, a landscaping buffer of at least a 25-foot depth on the dedicated property,
Tract C, along the line 200 feet from the Ordinary High Water Mark of the Green
River. This landscaping buffer shall be based upon the conceptual design layout
prepared by the Parks Department on December 6, 1999, attached hereto as
EXHIBIT E. This landscaping buffer shall be installed within one year after the date
of execution of this Dedication Agreement and shall be owned and maintained by the
City of Kent at its expense upon conveyance of Tract C.
5. In addition to the landscaping buffer in Section 4, Grantor, or its
successors in interest, shall construct 10 feet of foundation landscaping on the river
sides of buildings which exceed 200 feet in length and are located on riverfront lots.
The foundation landscaping shall consist of evergreen and deciduous trees, shrubs,
and ground cover, including 10-foot evergreen trees as measured at the time of
planting, placed on 20-foot centers. Alterations and/or modifications to the
foundation landscaping may be authorized at the discretion of the Planning Director
based upon individual development proposals. This foundation landscaping shall be in
addition to all other landscaping requirements set forth in the Kent City Code. The
landscaping buffer set forth in Section 4 and the foundation landscaping shall be in
full satisfaction of the requirements of KCC 15.08.260(D)(9)(c). It may also be
considered toward mitigation for any variance(s) necessary to permit loading docks on
river-facing sides of buildings located on riverfront lots.
6. Grantee agrees that Grantor may use a strip of Tract C, 50 feet in width
parallel to and adjacent to the common boundary between Tract C and the Property, to
establish a public way or yard setback area to meet the intent of the Uniform Building
Code (1997) §505.2 for unlimited floor area. Grantee agrees to maintain this 50-foot
strip of Tract C as a public way or yard in compliance with the Uniform Building
Code (1997) § 505.2 for unlimited floor area, except for the picnic shelter and
restroom set forth in the development plans for Tract C, attached hereto as EXHIBIT
D, and other structures that will not interfere with Grantor's proposed development of
its property.
7. Grantee shall not be obligated to pay any of the cost of any fence(s)
placed by Grantor or abutting lot owners along the common boundary line between
Tract C and the Property.
8. Grantor shall pay the sum of S4,500 to Grantee for the construction of a
bicycle lane on the public right-of-way along the north side of South 2121h Street
within Tract C from 60`h Avenue South to Russell Road South. This bicycle lane shall
DEDICATION AGREEMENT -3- 3/29/00
C:\DATA\SOLLMONNWinwordTILES\SB993500.298
be installed by the City of Kent, or its designee, within three years from the date of
execution of this Dedication Agreement and shall be constructed to meet all
applicable City of Kent standards. This bicycle lane shall be maintained by the City
of Kent at its expense.
9. Grantor shall pay the sum of$4,500 to Grantee for the construction of a
bicycle lane barrier at the northeast abutment of the Green River Bridge and shall also
pay the sum of $2,000 to the City for the acquisition and installation of permanent
barriers and markings for the closure of Russell Road_ The bike lane barrier shall be
installed by the City of Kent or its designee within three years from the date of
execution of this Dedication Deed and shall be constructed to meet all applicable City
of Kent standards. The bicycle lane barrier shall be maintained by the City of Kent at
its expense.
10. Grantor shall pay the Grantee the sum of $ 100,000 for construction of
improvements to the Green River levee. These improvements shall be completed by
the City of Kent, or its designee, within three years of the date of execution of this
Dedication Deed. All subsequent maintenance and repairs to these levee
improvements shall be at the expense of the City of Kent, or its designees, such as,
but not limited to, the King County Flood Control District. This payment shall be in
full satisfaction of all requirements for and mitigating conditions for levee
improvements or levee freeboard increases along the Green River or scenic drive
frontage of Tract C.
11. Grantee agrees that the sum of $30,134, which includes $22,154 for
dedication of approximately 4,923 square feet of land in Tract C that lies east of 200
feet from the Ordinary High Water Mark of the Green River, as depicted on
EXHIBIT D, and $7,980 for Grantee's contribution toward the parking lot and
landscaping improvements in Section 3 above, shall be an offset against the amounts
Grantor has agreed to pay Grantee in Sections 8, 9, and 10 of this Agreement.
12. Grantee hereby releases, indemnifies, and promises to protect, defend,
and save harmless Grantor from and against any and all liability, loss, damage,
expense, action, and claim, including costs and reasonable attorneys' fees incurred by
Grantor in defense thereof, asserting or arising directly or indirectly on account of or
out of any acts or omissions of Grantee or Grantee's servants, agents, employees, or
contractors related to the dedicated property, Tract C, or the public use of Tract C.
Grantor hereby releases, indemnifies, and promises to protect, defend, and save
harmless Grantee from and against any and all liability, loss, damage, expense, action,
and claim, including costs and reasonable attorneys' fees incurred by Grantee in
DEDICATION AGREEMENT -4- 3/29/00
C:\DATA\SOLTi-rION\Winword\FILES\SB993500.298
defense thereof, asserting or arising directly or indirectly on account of or out of any
acts or omissions of Grantor or Grantor's servants, agents, employees, or contractors
related to Grantor's construction of improvements and other activities of Grantor
pursuant to this agreement to the dedicated property, Tract C, within two years
following acceptance of any such improvements by Grantee.
13. Failure of Grantee to observe and perform any of the terms, conditions
and covenants of this Dedication Agreement shall entitle Grantor to recover damages
from the Grantee in an amount equal to the total amounts paid to Grantee by Grantor
under the terms of this agreement, but only to the extent of work uncompleted,
together with associated costs and attorneys' fees. Notwithstanding this right to
damages, Grantor, for itself and its successors and assigns, reserves all its legal and
equitable rights to compel performance by Grantee of the terms, conditions, and
covenants contained within this Dedication Agreement. Grantor and Grantee agree
that, in the event that any obligations of Grantee set forth in this agreement are unable
to be performed due to rules or regulations of other permitting or regulatory agencies,
Grantee shall not be considered in breach of this agreement, provided that, in such
event, this Dedication Agreement is subject to reopener at the request of Grantor to
the extent that such inability to perform affects Grantor's compliance with City of
Kent code requirements or future buildout of the Pacific Gateway Business Park.
Grantor and Grantee further agree that, subject to regulatory requirements of other
governmental agencies, the improvements made to Tract C as set forth in this
agreement may be changed, modified, reconfigured, relocated or removed at a future
date, and Grantee shall not be considered in breach of this agreement.
14. The rights and obligations of the Grantor and the Grantee shall inure to
the benefit of, and be binding upon, their successors and assigns.
15. The execution and delivery of this Dedication Agreement and Grantor's
performance of its obligations hereunder shall constitute full and final satisfaction of
its obligations, if any, and the obligations, if any, of its successors and assigns,
including; without limitation, purchasers, and users of the property and lots in the
Pacific Gateway Business Park, for adverse impacts relating to the City's recreational
resources, facilities and services, its fish and wildlife habitat, and its open space and
flood control resources, services and facilities resulting from the creation of Pacific
Gateway Subdivision File No. SU-99-1, pursuant to current City of Kent rules and
regulations relating to subdivision of property.
16. Grantee's permitting requirements set forth in Sections 3 and 4 above are
subject to Grantor's payment of all permit fees. Grantor shall provide Grantee with
DEDICATION AGREEMENT -5- 3129/00
C:\DATA\SOLUTIONNWinword\FILES\SB993500.298
all plans and-exhibits necessary for permit submittal. Grantee will use its best efforts
to promptly apply for and process all necessary permits and Grantor will release and
hold Grantee harmless for all costs and damages as a result of Grantee's inability to
timely obtain permit approval, except for such damages caused by the willful neglect
of Grantee. Grantor will be named as owner of the development projects applied for
and will construct the same in accordance with the plans identified in this document.
Grantor further agrees to allow Grantee reasonable input into and approval of further
required design for the projects, plant material selection, construction and material
inspection, construction supervision, construction document approval and final project
approval. Grantor shall correct all defects in workmanship and materials within one
year from the date of the Grantee's acceptance of the improvements.
17. Grantor shall be obligated to pay in full the amount Grantor has agreed
to pay Grantee under the terms of this Agreement within 60 days of its execution.
THE BOEING COMPANY, a Delaware
Corp tion
By:
hi ' W. urt
A orney-m-Fact
President, Boeing Realty Corporation
APPROVED AS TO FORM: THE CITY OF KENT, a municipal corporation of
the State U;ng
By:
oger Lubovich
City Attorney Its:
DEDICATION AGREEMENT -6- 3/29/00
C:\DATA\SOLUTION\Winward\FILES\SB993500.298
EXHIBIT "A"
BOEING SPACE CENTER PROPERTY
LEGAL DESCRIPTION OF PACIFIC GATEWAY BUSINESS PARK SUBDIVISION
Lots 1, 2, 3, 4, and 5, inclusive, of Large Lot Segregation as recorded under Recording
No. 19991123001310, Records of King County,'Washington.
Project Name: Pacific Gateway Business Park
December 22, 1999
6942L.012 _
RWG/jss
EXHIBIT B
SR 181
N04
L0T '7
W'
Li
is SOT 6
W
N I N
t
1.OT 2 N
vi
`OS �
i
l.Oj 5
TRACT C
TRACT C I ;
Ci SF� T 4
GREEN RIVER 1
t
� E
i
0 500 1000 t
S
(
t
SCALE V ■ 1000'
18215 72ND AVENUE SOUTH ORAwv BY
KENT, WA 98032 PCW
425� 251-6222
425 251-8782 FAX DATE
10/
EXHIBIT B CHHECEC 13/99
KED BY:
r RWG
JOB NO.:
CIVIL ENGINEERING, LAND PLANNING. 6942
SURVEYING ENVIRONMENTAL SERVICES
EXHIBIT "C"
LEGAL DESCRIPTION
TRACT "C"
All those portions of Lots 3, .4, and 5, Large Lot Segregation, as recorded under Recording
No. 19991123001310, Records of King County, Washington, lying Westerly of the following
described line:
COMMENCING at the East quarter corner of Section 2, Township 22 North, Range 4 East, W.M.,
from which point the Southeast corner of said Section bears South 01° 01' 16"West, 2,640.39
feet distant;
THENCE North 89° 12' 25" West along the North line of the Southeast quarter of said Section
a distance of 2,644.71 feet;
THENCE North 89° 11' 08" West along the North line of Government Lot 4 of said Section 2 a
distance of 842.41 feet;
THENCE South 26' 57' 32" West, 161.32 feet;
THENCE South 50° 53' 04" West, 96.91 feet to the POINT OF BEGINNING;
THENCE South 000 48' 52" West, 141.23 feet;
THENCE South 050 07' 18" West, 100.56 feet;
THENCE South 12' 13' 24" West, 108.86 feet;
THENCE South 200 09' 16" West, 102.86 feet;
THENCE South 28' 48' 18" West, 196.14 feet;
THENCE South 37' 51' 16" West, 144.68 feet;
THENCE South 35' 22' 49" West, 162.37 feet;
THENCE South 42° 58' 40" West, 143.61 feet;
THENCE South 26' 40' 58" West, 201.90 feet;
THENCE South 19' 1 7' 21" West, 354.41 feet;
THENCE South 22' 52 29" West, 247.11 feet;
THENCE South 140 11 ' 58" West, 228.74 feet to the beginning of a 120.00 foot radius curve
to the left;
THENCE along the arc of said curve, passing through a central angle of 82° 30' 27", an arc
distance of 172.80 feet;
THENCE South 68' 18' 29" East, 246.17 feet;
THENCE South 56' 38' 04" East, 115.12 feet;
THENCE South 500 24' 00" East, 92.94 feet;
THENCE South 40' 15' 27" East, 244.86 feet;
THENCE South 29° 04' 13" East, 151.86 feet;
THENCE South 16' 58' 45" East, 163.16 feet;
THENCE South 100 15' 27" East, 93.40 feet;
THENCE South 12' 18' 20" East, 223.94 feet;
THENCE South 090 41' 19" East, 253.28 feet;
THENCE South 00' 14' 09" East, 129.45 feet;
THENCE South 12° 32' 45" West, 194.65 feet to the Southerly line of said Lot 5, the Northerly
margin of South 212th Street, and the terminus of the herein described line.
Project Name: Pacific Gateway Business Park
October 12, 1999
Revised December 22, 1999
RWG/sm/jss
6942L.011
F 00
e itla ♦ r. I
Sal
s
i
.9 � li 1ovo for u[`
C
f �" �� /• yi �L�, �Y�Tl x
SSSSSS ic\ ♦
� (( I' �µ.a4S11l6W •H'IC•
s I rJY
,
a I
18215 72ND AVENUE SOUTH DRAvn Br
KENT, WA 98032 CAD
206 251-6222 DATE
EXHIBIT D 206�251-8782 FAX 12/22/99
PARKING L O T CHECKED BY
" Y
CONCEPTUAL PLAN JOBRNO
CIVIL ENGINEERING, LAND PLANNING, 6942
SURVEYING ENVIRONMENTAL SERVICES
EXHIBIT E
i orb
BOEING TRACT c
LANDSCAPING
Plant Name otY-
(Area A)
Cedar 3
Rhododendron 6
Sword Fern 12
Huckleberry 13.
Salal 11
Mahonia 15
Kinnikinnick 70
Wildflowers 1
Subtotal
� I
Ito I
r S 1—
r �.
Reports
Boeing Tract C
Landscape Expenses 12/0V
EXHIBIT E
BOEING TRACT C 2 ors
LANDSCAPING
Plant Name oty.
(Area B)
Fir 2
Cedar 1
Ocean Spray 6
Vine Maple 2
Red Twig Dogwood 3
Rhododendron 2
Pacific Dogwood 2
Huckleberry 13
Snowberry 6
Sword Fern 19
Mahonia 33
Salal 1
Kinniklnnick t8
Wildflowers 1
Subtotal
QGt�if
' F
Reports
Boeing Tract C
Landscape Expenses 12/06/99
EXHIBIT E
3 of
BOEING TRACT_ C
LANDSCAPING
Plant Name Oty.
(Area C)
Cedar 2
Big Leaf Maple 1
Vine Maple 2
Red Twig Dogwood 3
Rhododendron 5
Serviceberry 2
Snowberry g
Sword Fern 13
Mahonia 36
Salal 10
Huckleberry g
Kinniklnnick 15
Wildflowers 1
Subtotal
qD — oil
.ram' �� ✓\ � i'� � �-=, ' � N
G -
N
r
o
F
Reports
Boeing Tract C
Landscape Expenses 1.2l06199
EXHIBIT E
4 or 6
BOEING TRACT C
LANDSCAPING
Plant Name Qty.
(Area D)
Red Maples 3
Rhododendrons 4
Sword Fern 10
Mahonia 30
Snowberry 2
Kinnikinnick 140
Grass (420 S. F.) 420
Wildflowers 1
Subtotal
RM N
Reports
Boeing Tract C
Landscape Expenses 12/06/99
t
EXHIBIT E
s orb
BOEING TRACT C
LANDSCAPING
Plant Name Qty.
(Entire Area)
Cedars-1 gallon (age diversity) 100
Cedars-3 gallon (age diversity) 50
Subtotal
Reports
Boeing Tract C
Landscape Expenses 12/06/99
EXE BIT E
BOEING TRACT C .
LANDSCAPING
Plant Name
Cedars
Area A 11
Area B 11
Area C t t
Area D 17
Compost, soil prep 6 ceptn X 4470 t f X 25' widtn 1967
Irrigation—square feet 111750
Meter, backnow 2
Permits
A/E
TOTAL
ports
Boeing Tract C
Landscape Expenses
ADDENDUM ONE TO
DEDICATION AGREEMENT
BETWEEN THE BOEING COMPANY AND CITY OF KENT
This addendum amends the Dedication Agreement entered into between The Boeing
Company and City of Kent, fully executed on May 26, 2000 (hereinafter "Agreement').
In lieu of constructing the public parking lot in Tract C per condition 3 of the Agreement,
Grantor agrees to pay Grantee $38,265.00, plus $3,367.32 in state sales tax, for a total
sum of$41,632.32 for construction of the public parking lot by the City of Kent. The City
of Kent shall construct the public parking lot simultaneous with construction of the
Gateway Trailhead project.
All other terms of the Agreement dated May 26, 2000 remain in full force and effect.
This Addendum is subject to Kent City Council approval.
IN WITNESS WHEREOF, the parties hereto have executed this Addendum on the date
set forth below.
THE CITY OF KENT, a municipal THE BOEING COMPANY, a Delaware of the
corporation State of Washington Corporation
B B
Y• Y•
JIM W E, Mayor P ili yburt
Its: Mayor Its: Attorney—in-Fact
President, Boeing Realty Corporation
Date: 7 —o / Date: ` J Oro(01
APPROVED AS TO FORM:
By: A-L� 12M LA",— FOK.
ROGER A. LUBOVICH, City Attorney
Addendum Number One 1 of 1 04/03/01
Dedication Agreement
The Boeing Company