FIRST AMENDMENT TO DEVELOPMENT AGREEMENT

Transcription

1 After Recording, Return To: Angela Humphreys Six Kilns Apartments, L.L.C. Green water North, L.L.C Puyallup Street Sumner, WA FIRST AMENDMENT TO DEVELOPMENT AGREEMENT Parties: Abbreviated Legal: Tax Parcel Nos.: Six Kilns Apartments, L.L.C., a Washington Limited Liability company Greenwater North, L.L.C., a Washington Limited Liability company The City of Sumner, a Washington municipal corporation Portions of Sec. 1, Township 20 North, Range 4 Est, W.M. (See Exhibit A) , , , , , , , , , , , THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT ("Amendment"), effective as of the last date written below ("Effective Date"), is entered into by and between the City of Sumner, a Washington municipal corporation ("City"), Six Kilns Apartments LLC, a Washington limited liability company and Greenwater North L.L.C., a Washington limited liability company (collectively, "Developer"). RECITALS A. On February 6, 2009, Greenwater LLC, the predecessor to Developer, and the City entered into a Development Agreement ("Agreement"), recorded under Pierce County Recording No The Agreement addressed development on property then owned by Greenwater, LLC, now owned by Developer, legally described on Exhibit A attached hereto and made a part hereof (the "Property"). B. Since the time of the Agreement, on September 15, 2014, the City has amended its zoning map as to portions of the Property ("Zoning Amendment"). The Zoning Amendment was adopted in part due to changed circumstances, including the decision not to locate a train station stop near the Property and the decision to sell the Sumner Golf Course.

2 C. Since the time of the Agreement, Developer has accordingly modified its proposed uses for the Property. Developer no longer intends to develop retail or residential uses as to any portions of the Property. Developer now intends to develop the Property for non-retail, non-residential uses, including industrial warehouse uses, as authorized by the City's Zoning Map adopted September 15, ("Amended Zoning"). D. This Amendment updates the Agreement as to issues relating to proposed uses, development fees, term, and storm water discharge. Except as specifically modified by this Amendment, the Agreement remains in full force and effect. Accordingly, City and Developer agree as follows: AGREEMENT 1. PROPO ED AND PERMITTED USE. The Agreement is amended as follows: The Developer and the City hereby update the Agreement to indicate that all portions of the Property may be developed for non-retail, nonresidential uses, including industrial warehouse uses, as authorized by the Amended Zoning Map. The term set forth in the Agreement, "Applicable Rules," is hereby amended to incorporate the Amended Zoning Map. 2. STORM WATER DISCHARGE. The parties confirm that the storm water discharge plan depicted m Exhibit B 1s compliant with applicable City regulations and is vested. 3. TERM. Section 8.1 of the Agreement is hereby modified to provide that Developer shall have ten ( 10) years from October 20, 2014 in which to apply for all Subsequent Project Approvals consistent and in accordance with the terms of this Agreement. Developer may request a single two (2) year extension at Developer's discretion, subject to approval by the City, which approval shall not unreasonably be withheld. All other provisions of Section 8.1 shall remain in full force and effect. 4. AGREEMENT AFFIRMED. Except as specifically modified by this Amendment, the Agreement is hereby affirmed and shall remain in full force and effect. Page 2 of 4

3 IN WITNESS WHEREOF, the undersigned parties have executed this instmment to be effective as of the last date written below. CITY OF SUMNER: Attest: /0-;l/-14 Date Approved as to form: 10(~/J~ Date/ f City Attorney I O ( ~r { Z.ol"( Date SIX KILNS APARTMENTS L.L.C., a Washington limited liability company Manager By:,_+-11-,...,_,,,.'-H""--L-=--...i..""---~ ~~ Marty DATE: \o \~2 \\t GREENWATER NORTH L.L.C., a Washington limited liability company Manager DATE: _..\o"-4{...:;.._; i.2-~\ +...o. lt---- Page 3 of 4

4 STA TE OF WASHING TON ) : SS. COUNTY OF PIERCE ) is the person who appeared before me, and he acknowledged that he signed this instrument, on oath stated that he was the authorized to execute the instrument and acknowledged it as the Mayor of THE CITY OF SUMNER, a Washington municipal corporation, to be the free and voluntary act of such municipal corporation for the uses and purposes mentioned in the instrument. I certify that I know or have satisfactory evidence that.david L [ijslo W Dated this.2.l*ctay of ~-tcbev"", : SS. COUNTY OF PIERCE ) ) Notary Public in and fo Washington, residing a~~~~~~-:f'g-,.,,. My commission expires: I certify that I know or have satisfactory evidence that MARTIN D. WAISS is the person who appeared before me, and he acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the President of Investco Financial Corporation, a Washington corporation, the Manager or. f GREENWATER L L.C. a Washington limited liability company, to be the free and voluntary ct of such limite~ lia bi.li ty company for the uses and purposes mentioned in the instrument. NOrtiA Dated this f1j day of 0~, "' ~\n~ ~~ L.L.C... - BRIDGET V. BOLDT NOTARY PUBLIC STATE Of WASHINGTON OOt.uSSION E>IPIRES MAY9, 2017 ~ ~ [~ 'tqotary]. 1 cl~<l v. ~ ltu- [Print e of Notary] Notary Public in and for the State of Washington, residing at ~~l.\-zzi~. ~ My commission expires: l~ / 11.. Page 4 of 4

5 EXHIBIT "A" SIX KILNS PARCEL NO REVISED PARCEL A AS SHOWN ON RECORD OF SURVEY FOR BOUNDARY LINE ADJUSTMENT FILED UNDER AUDITOR'S FEE NO , RECORDS OF PIERCE COUNTY, WASHINGTON. PARCEL NO REVISED PARCEL BAS SHOWN ON RECORD OF SURVEY FOR BOUNDARY LINE ADJUSTMENT FILED UNDER AUDITOR'S FEE NO , RECORDS OF PIERCE COUNTY, WASHINGTON. PARCEL NO REVISED PARCEL C AS SHOWN ON RECORD OF SURVEY FOR BOUNDARY LINE ADJUSTMENT FILED UNDER AUDITOR'S FEE NO , RECORDS OF PIERCE COUNTY, WASHINGTON. GREENWATER NORTH PARCEL NO COMMENCING AT A POINT ON THE EAST LINE OF SECTION l, TOWNSHIP 20 NORTH, RANGE 4 EAST OF THE WILLAMETIE MERIDIAN IN PIERCE COUNTY,WASHINGTON, 660 FEET SOUTH OF THE NORTHEAST CORNER THEREOF; THENCE WEST FEET; THENCE SOUTH 00 36' EAST FEET TO THE POINT OF BEGINNING; THENCE SOUTH FEET; THENCE NORTH 89 23' WEST FEET; THENCE SOUTH 14 FEET; THENCE EAST FEET; THENCE NORTH TO A POINT EAST OF THE POINT OF BEGINNING; THENCE WEST 14 FEET TO THE POINT OF BEGINNING. PARCEL NO COM MENCi.NG AT THE NORTHEAST CORNER OF SECTION 1, TOWNSHIP 20 NORTH, RANGE 4 EAST OF THE WILLAMETIE MERIDIAN IN PIERCE COUNTY, WASHINGTON; THENCE SOUTH 00 10' EAST ALONG THE EAST LINE OF SAID SECTION FEET TO A POINT; THENCE NORTH 89 23' WEST FEET; THENCE SOUTH 00 06' WEST FEET TO THE NORTHERLY MARGIN OF STEWART COUNTY ROAD AND THE TRUE POINT OF BEGINNING; THENCE WEST ALONG SAID MARGIN 14 FEET; THENCE NORTH 00 06' EAST FEET; THENCE EAST 14 FEET; THENCE SOUTH 00 06' WEST FEET TO THE POINT OF BEGINNING. EXCEPT A STRIP OF LAND 100 FEET WIDE HERETOFORE CONVEYED TO PACIFIC COAST POWER COMPANY BY DEED RECORDED IN VOLUME 360, PAGE 338. PARCEL NO BEGINNING AT THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 1, TOWNSHIP 20 NORTH, RANGE 4 EAST OF THE WILLAMETIE MERIDIAN IN PIERCE

6 COUNTY, WASHINGTON; THENCE SOUTH ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER OF THE NORTHEAST QUARTER FEET TO THE NORTHERLY MARGIN OF STEWART COUNTY ROAD; THENCE WEST ALONG SAID MARGIN FEET; THENCE NORTH FEET; THENCE EAST FEET TO THE POINT OF BEGINNING. EXCEPT THAT PORTION CONVEYED TO PIERCE COUNTY FOR LAKE TAPPS PARKWAY EAST RIGHT-OF-WAY PER EXCISE TAX NO ALSO EXCEPTIHAT PORTION CONVEYED TO THE CITY OF SUMNER BY AUDITOR'S FEE NO PARCEL NO THE WEST HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 1, TOWNSHIP 20 NORTH, RANGE 4 EAST OF THE WILLAMETIE MERIDIAN IN PIERCE COUNTY, WASHINGTON. EXCEPT THE SOUTH 35 FEET FOR COUNTY ROAD PER AUDITOR'S FEE NO ALSO EXCEPT THAT PORTION CONVEYED TO PIERCE COUNTY FOR LAKE TAPPS PARKWAY EAST RIGHT OF-WAY PER EXCISE TAX NO PARCEL NO THAT PORTION OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 1, TOWNSHIP 20 NORTH, RANGE 4 EAST OF THE WILLAMETIE MERIDIAN IN PIERCE COUNTY, WASHINGTON, LYING WEST OF THE 130 FEET WIDE PROPERTY CONVEYED TO PUGET SOUND POWER AND LIGHT BY AUDITOR'S FEE NO EXCEPT THE SOUTH 35 FEET CONVEYED TO PIERCE COUNTY FOR COUNTY ROAD PER AUDITOR'S FEE NO ALSO EXCEPT THAT PORTION CONVEYED TO PIERCE COUNTY FOR LAKE TAPPS PARKWAY EAST RIGHT OF-WAY PER EXCISE TAX NO PARCEL NO THE NORTH 100 FEET OF THE SOUTH 130 FEET OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 1, TOWNSHIP 20 NORTH, RANGE 4 EAST OF THE WILLAMETIE MERIDIAN IN PIERCE COUNTY, WASHINGTON. EXCEPT THAT PORTION CONVEYED TO THE CITY OF SUMNER FOR RIGHT-OF-WAY BY AUDITOR'S FEE NO PARCEL NO REVISED LOT BAS SHOWN ON RECORD OF SURVEY FOR BOUNDARY LINE ADJUSTMENT FILED UNDER AUDITOR'S FEE NO , RECORDS OF PIERCE COUNTY, WASHINGTON.

7 PARCEL NO REVISED LOT DAS SHOWN ON RECORD OF SURVEY FOR BOUNDARY LINE ADJUSTMENT FILED UNDER AUDITOR'S FEE NO , RECORDS OF PIERCE COUNTY, WASHINGTON. PARCEL NO REVISED LOT E AS SHOWN ON RECORD OF SURVEY FOR BOUNDARY LINE ADJUSTMENT FILED UNDER AUDITOR'S FEE NO , RECORDS OF PIERCE COUNTY, WASHINGTON. Q:\2014\ \SO_SUR\NON_CAD\Legals\SIX KILNS.docx

8 GREENWATER NORTH PARCEL BOUNDARY 0< I I I I 1--,,... # 1,,c:."'"' 1 GREENWATER\\. I </'# I <f' '< ' I NORTH ~.., ' ~ rs>' <t"' POTENTIAL DETENTION -:.' & TREATMENT POND ~'~ LOCATION. DISCHARGE W TO STEWART CREEK _---1 1" ~ GRAPHIC SCALE ---~- di;-= t-..:g;i"' = 400 FEET EXISTING SITE DISCHARGE I LOCATION TO STEWART CREEK I!"""'"' '"" PROPOSED DEVELOPED DISCHARGE TO STEWART CREEK CHANNEL AT ELEVATION 58.5±. OUTLET TO BE PROVIDED WITH DUCKBILL CHECK VALVE AND OVERFLOW EXISTING SITE DISCHARGE LOCATION TO STEWART CREEK BOO FEET I STORMWATER REQUIREMENTS1 1. GREENWATER NORTH DISCHARGE TO STEWART CREEK SHALL ADHERE TO CITY OF SUMNER FLOW CONTROL STANDARD FOR PROJECTS WITHIN THE "VALLEY" AS DEFINED IN THE MUNICIPAL CODE CHAPTER #77 AND THE CITY OF SUMNER DEVELOPMENT SPECIFICATIONS AND STANDARD DETAILS CHAPTER 5, PAGE 5-18, DATED MARCH GREENWATER NORTH DISCHARGE TO EXISTING 24 INCH CULVERT SHALL NOT REQUIRE FLOW CONTROL EXACT BASIN AREA ALLOWED TO DIRECT DISCHARGE TO EXISTING 24 INCH CULVERT WILL BE DETERMINED DURING FINAL DESIGN AND CONVEYANCE CAPACITY. 3. GREENWATER SOUTH SHALL NOT REQUIRE FLOW CONTROL STORMWATER DISCHARGE SHALL BE TO THE EXISTING SWALE ALONG THE WESTERN BOUNDARY AND/OR THE EXISTING DRAINAGE/WETLAND COMPLEX ALONG THE SOUTHERN BOUNDARY. 4. PRIOR TO ANY STORMWATER DISCHARGE FROM GREENWATER NORTH OR GREENWATER SOUTH. STORMWATER SHALL BE TREATED IN ACCORDANCE WITH THE 2005 DEPARTMENT OF ECOLOGY (DOE) STORMWATER MANAGEMENT MANUAL FOR WESTERN WASHINGTON. TREATMENT MAY INCLUDE ANY DOE APPROVED BMP. INCLUDING WET PONDS. 5. NEW OUTFALL TO STEWART CREEK IS SUBJECT TO FUTURE ENVIRONMENTAL PERMITIING AND HYDRAULIC PROJECT APPROVAL OUTSIDE THE CITY'S CONTROL. THE CITY WILL ASSIST WITH THE NECESSARY APPROVAL. 6. POTENTIAL PONDS SHOWN HEREON ARE SCHEMATIC FOR GENERAL LOCATION. ULTIMATE SIZE AND HYDRAULICS OF PONDS WILL BE DETERMINED WITH FINAL DESIGN "--. WHITE RIVER ~ GREENWATER NORTH PARCEL BOUNDARY ' PQJENTIAL TREAT ENT POND LOCATloN-DIRECT ISCHARGE TO EXISllN~LV~RT EXISTING SITE DISCHARGE LOCATION TO 24" CULVERT '[ ~ EXIS= J:ISTING!en DRAINAGE TESC POND SWALE GREENWATER SOUTH BASIN. DIRECT DISCHARGE. EXISTING SITE DISCHARGE EXISTING BOX CULVERT EXISTING DRAINAGE I WETLAND COMPLEX GREENWATER 8 PI~~~ ~:~~ - > s--~-'-- ~R-- T~--~-'-'-~-'--u ;-~R i i EXHIBIT "" ~ ~ m w " "...,, BASIN CONCEPT