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Wide Hollow Development - Lease AgreementLEASE AGREEMENT WIDE HOLLOWS 1/ELPMENT, LLC 4aiveal n a/f► t %7u>' aola A f r- p o l'-4- 10"'k L L C This lease agreement (the "Lease "), made and entered effective [y ,- 0i'- ], 2005 by and between the YAKIMA AIR TERMINAL - McALLISTER FIELD, an agency of the City and County of Yakima, Washington, ( the "Board ") and WIDE HOLLOW DEVELOPMENT, LLC, a Washington limited liability company, or assigns, ( "Wide Hollow "). WITNESETH: WHEREAS, Board, as authorized in the July 1, 1982 Joint Agreement between the City and County of Yakima, operates the Yakima Air Terminal - McAllister Field ( "Airport "), and WHEREAS, Board has approved property owned by it that is located across Washington Avenue to the north and west of the Airport and more properly described in Exhibit A (the "Property "), available for development as provided by this Agreement, and Wide Hollow desires to develop the Property, and, WHEREAS, Board has approved certain conditions to the Lease set forth in that certain letter of understanding dated December 29, 2004, a copy of which is attached hereto as Exhibit B and incorporated herein by this reference. NOW THEREFORE, in consideration payments heretofore made by Wide Hollow under the option to enter the Lease and f the mutual covenants contained herein and the benefit to be derived by each party, the parties agree as follows: 1. PREMISES: Board hereby leases to Wide Hollow 878,580 square feet (20.169 acres) of open land as that property is depicted on the drawing marked Exhibit "A" which is attached hereto and by this reference made a part hereof. 2. INTENT OF AGREEMENT: The intent of this agreement is to allow Wide Hollow to develop what is now bare land into a business /office park. The development includes the addition of all necessary infrastructure (roads, sidewalks, water, sewer, gas, telephone, etc.), but only to the extent required for such development, at the sole expense of Wide Hollow. Failure to commence the construction of the infrastructure required for development within two (2) years from the effective date of this lease shall be 1 grounds for termination of this Lease at the sole discretion of the Board. As each parcel (as shown on Exhibit "A ") is developed, this Lease shall be amended by addendum modifying the lease rate as provided in Section 6 hereof. 3. DEMISE OF PROPERTY: Board hereby leases to Wide Hollow and Wide Hollow leases from Board the Property, together with all rights of ingress, egress, public road access and utility connections to the Property. Wide Hollow may develop all or any portion of the Agreement Property as provided in the plat map attached hereto as Exhibit A at any time during the Term of this Agreement, subject to the terms and conditions set forth elsewhere herein. 4. TERM: The tenancy provided by this Lease shall commence on May 1, 2005 and extend end on April 30, 2045. Wide Hollow shall have the option to extend its tenancy under this Lease for seven (7) additional five (5) year terms by notice to Board at least six (6) months prior to any such extension. The sum of the term provided by the preceding two (2) sentences but as otherwise potentially terminated pursuant hereto is the lease term (the "Term "). 5. MORTGAGE: Wide Hollow and its subtenants or assigns shall have, and are hereby given, the right to mortgage the leasehold created by this Lease or by any sublease thereunder or assignment thereof, in whole or part, for an amount not to exceed the Term. Board shall be given written notice thereof of any such mortgage, including the mortgagee's address and loan number. Board shall have no right to terminate this Lease or retake possession of the premises unless thirty (30) days' written notice of such default is given by the Board to Wide Hollow and the mortgagee at the last address provided in writing by Wide Hollow to Board. Mortgagee shall have the authority to effect cure of said default to the same extent as Wide Hollow if said cure is effected as provided in Section 21 hereof. 6. RENT: In consideration of the demise of the Property, Wide Hollow agrees to pay to Board monthly rentals equal to the greater of: A. Subject to Paragraph 5(C), during the first three (3) years of the Term, monthly rentals, payable monthly in advance, equal to Two Thousand Five Hundred Dollars. Every three (3) years thereafter, on the anniversary date of this lease, the monthly rate will be adjusted by the average Consumer Price Index (CPI) using the Pacific Cities and U.S. City Average. The rent shall not be decreased in the event of a decrease in the CPI. B. Subject to Paragraph 5(C), one twelfth (1/121) of Sixteen Hundredths Dollars ($.16) for each Rentable Square Foot Area in the Property. C. The Base Rental of $2,500.00 /month (as adjusted) shall be reduced, but not below zero (0) by deducting, on a per square foot basis, the proportion of the entire Property transformed to Rentable Area, the intent being that the lesser sum of $2,500 /month shall apply only to the extent that Wide Hollow shall not yet have developed or sublet the Property. Rents computed in accordance with Paragraph 5(B) shall be adjusted for increases in like rents charged to Board's other commercial tenants. For purposes of this Lease, the Rentable Area, measured in square feet, is the maximum area that may be developed for exclusive use by tenants or assignees of Wide Hollow for their commercial or retail use and the Rented Area, measured in square feet, shall be the amount from time to time that is developed for and leased to tenants or assignees of Wide Hollow for their commercial or retail use, in each case determined after the construction of improvements incident to such use by Wide Hollow or any such tenants or assignees. Adjustments required by this Paragraph 5(c) shall be made to and from the first rental payment falling due after thirty (30) days from the completion of any such improvements and the commencement of payment of rents by any such tenants or assignees, whichever first occurs. Payments shall be made to the Yakima Air Terminal - McAllister Field in care of the Airport Manager's office. 7. DEPOSIT: Upon the commencement date of this Lease, Wide Hollow shall deposit with Board a sum equal to one (1) month's fee as a guarantee of Wide Hollow's performance of this Agreement and the timely payment of the fee provided for herein; and in the event Wide Hollow shall fail to pay the fee as provided herein, or otherwise default in the performance of this Lease , then Board may apply such deposit, or any part thereof as may be necessary, to the payment of the fee or to the payment of damages, if any, for such default. 8. TAXES AND LIENS: In addition to the reserved rent as it comes due, Wide Hollow promises and agrees to pay, as the same become due and payable, all governmental fees and taxes, including but not limited to the leasehold excise tax, if any payable by reason of this 3 Lease, the use of the Property, or the construction or ownership of improvements thereto. Wide Hollow shall neither suffer nor permit the attachment of any lien or other encumbrance on the Property except as permitted by Section 4 hereof. Wide Hollow agrees to defend, indemnify and hold harmless Board from any such fees, taxes or liens. 9. USE: Wide Hollow shall not commit waste and shall use the Property only for lawful purposes except as otherwise provided herein. Wide Hollow's use of the Property shall be subject to the following additional limitations: A. Use, development and construction on the Property shall be compatible with private and commercial aircraft operations as of the commencement of the Term, inclusive of considerations respecting takeoff and landing from existing runways, overflight, avoidance of electrical interference with aircraft or ground control radio communications, lighting that interferes with visual location of the Airport, siding, lighting, or roofing that creates glare that materially affects pilots using the Airport, the creation of dust, smoke or steam that constitutes a danger to aircraft using the Airport, and crops, ground cover, or other improvements that attract wildlife constituting a danger to aircraft using the Airport by aircraft. B. The Property shall be used only for an aeronautical oriented activity or for any other use allowed by the master plan and zoning of the Property in effect at the commencement of the Term or as otherwise approved by the Board, such approval not to be unreasonably withheld or delayed. 10. UTILITIES: Wide Hollow shall be responsible for all utility services including, but not limited to, power, natural gas, water, sewer, and garbage from the edge of the Property. 11. PREMISES CONDITION: Wide Hollow accepts the Property AS -IS. Nothing contained in the preceding sentence shall affect Wide Hollow's rights to indemnity from Board as provided in Section 19 hereof. 12. MAINTENANCE: Wide Hollow agrees to keep and maintain the Property in at least as good a condition as the condition of the Property at the commencement of the Term. Wide Hollow shall maintain its improvements to the Property, now or hereafter constructed, in useable condition for their intended purposes. Wide Hollow shall implement an effective program of weed control, garbage and debris removal, ash removal, painting, snow removal and pavement maintenance. 13. SIGNS: No signs or other advertising matter or devices shall be used or displayed in or about the Property without the prior written approval of the Board, which approval shall not be unreasonably withheld or delayed. 14. IMPROVEMENTS: All buildings, trade fixtures and other improvements to the Property by Wide Hollow shall conform to applicable land use laws and building codes. Wide Hollow shall be responsible for procuring all building and other permits therefore. All improvements shall be designed and constructed in accordance with Wide Hollow's development plan, as amended from time to time and as disclosed from time to time by Wide Hollow to Board. Board shall be entitled to approve such development plan and each material modification thereto before it becomes effective, such approval not to be unreasonably denied or delayed. Approval of such development plan or modifications thereof shall be deemed granted forty -five (45) days after submission in writing to Board if no response has been received by Wide Hollow. Board does not represent the feasibility or governmental approval, other than by Board of any such development plan or modification thereto. Board shall not impose a condition upon the approval of such Development Plan or modifications thereto that violate any applicable law, other than one applicable to the Airport, or insurance policy maintained by Wide Hollow. 15. REVERSION OF IMPROVEMENTS: Upon termination of this lease for any reason Lease, Board may, at its option, either accept ownership of the improvements constructed or installed on the Premises, except for trade fixtures, or require Wide Hollow to remove such improvements within sixty (60) days of such termination. Such removal shall include removing the foundation, utilities and other land improvements and restoring the land to grade level. Board shall notify Wide Hollow of its intent within sixty (60) days of the cancellation or expiration. Board shall notify Wide Hollow of its intent within twenty (20) days of the termination. Prior to the expiration of this Lease, Wide Hollow shall remove all such trade fixtures and repair any damage to the premises caused by removal of trade fixtures to the reasonable satisfaction of the Airport Manager. Fixtures not removed within sixty (60) days after termination become the property of the Board unless other arrangements have been previously approved in writing by the Airport Manager. R Wide Hollow shall, as additional consideration for grant of this Lease, insure that all liens, security interest and other encumbrances against said improvements and structures except those created or suffered by Board, whether consensual or involuntary, shall be paid, discharged or satisfied prior to time for reversion thereof to Board; and, in any event, the parties acknowledge that Board shall not, by virtue of termination of the leasehold interest nor reversion of the structures or other improvements, be liable for any debt or encumbrance associated therewith, whether now existing or hereafter incurred, levied or attached. 16. REGULATIONS: Wide Hollow agrees to comply with all applicable laws, ordinances, rules, regulations and policies of all governmental authorities having jurisdiction over the Airport, including policies adopted by Board, as such laws, ordinances, rules, regulations and policies apply to the use and operation of the Property. Wide Hollow further agrees to accept responsibility for not allowing unauthorized persons access to the Airport Operations Area (AOA) but only to the extent any portion of the Property is an AOA. 17. SUBLETTING; PARTIAL ASSIGNMENT: Subject to the agreement to perform and the performance of the terms hereof by any subtenant or partial assignee of Wide Hollow, Board's consent is required for any sublease or partial assignment of the Property by Wide Hollow, which consent shall not be unreasonably withheld. No sublease or partial assignment shall relieve Wide Hollow of its obligation to perform this Lease. 18. ASSIGNMENT: Wide Hollow shall have the right to assign its interest in this Agreement to an affiliated entity owned or controlled by Wide Hollow or in a merger in which Wide Hollow is the surviving entity or to a lender for security purposes, without Board's consent, provided that Wide Hollow shall give Board written notice of such assignment. Except as permitted in this paragraph, Wide Hollow shall not assign its rights in this Lease without the prior written consent of Board, which consent shall not be unreasonably withheld or delayed. Board may withhold consent only based upon the financial condition of the proposed assignee and /or material change in proposed use of the Property. Any assignee of this Agreement and /or Wide Hollow's rights hereunder shall assume Wide Hollow's obligations under this Agreement, however said assignment shall not relieve Wide Hollow of its obligation to perform this Lease in every respect. Such assignment shall be in conformance with all Airport Board, local, state and federal laws, ordinances, rules, regulations and policies and the assignee shall comply with all laws, ordinances, rules, regulations and policies applicable to the use and operation of Airport property, facilities and operations as those laws, ordinances, rules, regulations and policies now exist or may hereafter become effective. Consent to assignment by Board shall not be construed to be consent to any subsequent assignment. 19. MISCELLANEOUS PROVISIONS: A. Board may further develop or improve Airport property and facilities regardless of the desire or views of Wide Hollow regarding any such development or improvement, and without interference or hindrance on the part of Wide Hollow and without liability to Wide Hollow. B. Board reserves the right, but shall not be obligated to Wide Hollow, to maintain and keep in repair the landing area of the Airport and all publicly owned facilities of the Airport, together with the right to direct and control all activities of Wide Hollow in that regard. C. After advance written notice to Wide Hollow, Board reserves the right to take any action necessary or desirable by Board to protect the operations of the Airport against obstruction, together with the right to prevent Wide Hollow from erecting, or permitting to be erected, any building or other structure on the Airport which, in the opinion of the Airport Manager, would limit the usefulness of the Airport or constitute a hazard to aircraft. Wide Hollow shall limit the building area to that portion of the Agreement Property which is north of the building restriction line as defined by the Airport Layout Plan and to a height not to exceed thirty five (35) feet unless approved by Airport Manager and the Federal Aviation Administration. Lower height restrictions will apply to portions of the property. D. During time of war or national emergency, Board shall have the right to lease the landing area or any part thereof to the United States of America for military use, and, if any such lease is executed, the provisions of this Agreement shall be suspended insofar as they are inconsistent with the provisions of the lease agreement with the United States of America. E. This Lease shall be subordinate to the provisions of any existing or future agreement between Board and the United States of America relative to the operation or maintenance of the Airport, the execution of which has been or may be required as a condition to the expenditure of federal funds for the development of the Airport. F. If the property in this Agreement or any interest therein is taken as a result of the exercise of the right of eminent domain, this Lease shall terminate as to such portion as may be taken. If the portion taken does not feasibly permit the continuation of the operation of the facility by Wide Hollow, Wide Hollow shall have the right to terminate this Lease. Such termination shall be effective as of the date Wide Hollow's operations cease. G. Wide Hollow shall be responsible for weed control on non - developed parcels, including but not limited to: mowing; spraying; removal of noxious weeds, etc. H. Wide Hollow shall post unauthorized individuals, including dumping of debris on the property. 20. INDEMNITY /DUTY TO DEFEND: undeveloped parcels against trespass by no hunting signs, and shall prevent illegal A. Except as provided in Paragraph 19(E), Wide Hollow shall defend, indemnify and hold harmless Board and its elected and appointed officials, employees and agents, from any and all losses directly suffered by Board and from any and all liability, damages, suits, claims, actions, judgments or decrees, made against the Board or its elected and appointed officials, employees and agents based on the use or occupancy of the Property during the Term or from default by Wide Hollow or any assignee or subtenant hereunder, in any term or condition of this Lease. B. Except as provided in Paragraph 19(E), Board shall defend, indemnify and hold harmless Wide Hollow Board and its managers, members, agents, independent contractors, and employees, from any and all losses directly suffered by Wide Hollow, its managers, members, agents, independent contractors, and employees, from any and all liability, damages, suits, claims, actions, judgments or decrees, made against the Wide Hollow or its managers, members, agents, independent contractors, or employees based on the use or occupancy of the Property other than during the Term or from Board's default in any term or condition of this Lease, excepting any liability, damage, suit, or claim arising from the occupancy or use of the Property by Wide Hollow or as a result of Wide Hollow's operations on the Property or from any other act or omission of Wide Hollow, its servants, employees, agents, invitees, independent contractors, assignees, subtenants or any other entity, person, firm or corporation acting on behalf of Wide Hollow or under its direction, whether such claim shall be by Wide Hollow or a third party; provided, however, that Wide Hollow shall not be liable for any injury, damage or loss occasioned solely by the sole negligence of Board, its agents or employees. Board shall give to Wide Hollow prompt and reasonable notice of any such claims or actions and Wide Hollow shall have the right to investigate, compromise and defend the same to the extent of its interest. C. Board shall defend, indemnify, and hold harmless Wide Hollow, its managers, members, agents and employees, from any and all claims and actions, loss, damage, expense or cost, resulting from, arising out of, or caused by Board resulting in any liability under the Federal Comprehensive Environmental Response Compensation Liability Act of 1980, as amended, 42 U.S.C. 9601 et seq.; Hazardous Materials Transportation Act, 49 U.S.C. 1801 et seq.; Resource Conservation and Recovery Act, 42 U.S.C. 6901 et seq.; the Clean Water Act, 42 8 U.S.C. 1251 et seq.; the Washington Environmental Policy Act, RCW Ch. 43.21 C; the Washington Water Pollution Control Act, RCW Ch. 90.48; the Washington Hazardous Waste Management Act, RCW Ch. 70.105; the Washington Model Toxic Control Act, RCW Ch. 70.105D, and the regulations promulgated thereunder, or under any applicable local or state environmental ordinance, statute, law, rule or regulation. The provisions of this Paragraph 19(C) shall survive the termination of this Lease. D. Wide Hollow shall defend, indemnify, and hold harmless Board, its elected and appointed officials, agents and employees, free and harmless from any and all claims and actions, loss, damage, expense or cost, resulting from, arising out of, or caused by Wide Hollow, its assignees and /or subtenants, resulting in any liability under the Federal Comprehensive Environmental Response Compensation Liability Act of 1980, as amended, 42 U.S.C. 9601 et seq.; Hazardous Materials Transportation Act, 49 U.S.C. 1801 et seq.; Resource Conservation and Recovery Act, 42 U.S.C. 6901 et seq.; the Clean Water Act, 42 U.S.C. 1251 et seq.; the Washington Environmental Policy Act, RCW Ch. 43.21 C, the Washington Water Pollution Control Act, RCW Ch. 90.48; the Washington Hazardous Waste Management Act, RCW Ch. 70.105; the Washington Model Toxic Control Act, RCW Ch. 70.105D, and the regulations promulgated thereunder, or under any applicable local or state environmental ordinance, statute, law, rule or regulation. The provisions of this Paragraph 19(D) shall survive the termination of this Lease. E. The defense, indemnity, and hold harmless provided in Paragraphs 19(A) through 19(D) hereof shall apply only to the extent the party claiming same is not at fault with respect to the event giving rise thereto. If both parties are at fault, such defense, indemnity, and hold harmless shall be applied under principles of comparative fault. 21. INSURANCE: Wide Hollow shall file with Board a certificate of insurance, or other proof of insurance reasonably acceptable to Board, evidencing an insurance policy covering Board as an additional insured that provides: Comprehensive general liability insurance coverage in amounts of not less than $1,000,000.00 Combined Single Limit for bodily injury and property damage covering Wide Hollow's occupancy of and activities pertaining to the leased premises. Wide Hollow specifically agrees that insurance limits shall be reviewed at least every five (5) years and that Board may make reasonable adjustments to the required limits. Not less than 30 days written notice, or other such time period as may be reasonably acceptable to Board, must be supplied to Board in the event of cancellation, material change to the policy or non - renewal of any or all policies. 9 Without limiting the foregoing, a certificate shall be issued by carrier(s) with a minimum A.M. BEST rating of A -VII which are admitted in the State of Washington or other such carriers as shall be acceptable to Board. 22. DEFAULT; TERMINATION; AND FORFEITURE: A. The failure by Wide Hollow to comply with any material term, provision or condition of this Lease shall constitute grounds for termination of this Lease. This Lease and tenancy shall terminate for cause as specified above on written notice by Board to Wide Hollow stating accurately the manner in which Wide Hollow fails or has failed to comply with this Lease. Wide Hollow shall comply with this Lease in the manner specified in the notice within thirty (30) days (except ten days with respect to default regarding payment of rent or other monetary obligation) from Wide Hollow's receipt of such notice, provided, however, that if the nature of Wide Hollow's default (other than for monetary defaults) is such that more than thirty (30) days are reasonably required for its cure, then Wide Hollow shall not be deemed to be in default if Wide Hollow commences such cure within said thirty (30) day period and thereafter diligently prosecutes such cure to completion, otherwise this Lease and tenancy shall be terminated. Such notice shall be given in writing and served on Wide Hollow by personal delivery or mailed by certified mail with return receipt requested addressed to Wide Hollow at its address stated below Wide Hollow's signature to this Lease or such other address as the parties may advise each other in writing. Notices shall be deemed received three (3) days after mailing. In addition to the provisions hereinabove, and /or as an alternative or cumulative remedy, Board may, at its sole election, pursue any other action, redress, or remedy now or hereafter available to Board under the laws of the State of Washington, including its Landlord- Tenant laws. B. As respects land and land improvements only, and not the building, as additional and not alternative remedy, optional with Board and upon thirty (30) days written notice to Wide Hollow, should Wide Hollow be in default hereunder, Board may cure or correct the same and the cost of such action by Board shall immediately become due and payable from Wide Hollow, together with late fees on said sum at a rate of twelve percent (12 %) per annum, and the non - payment of said sum by Wide Hollow shall be adequate grounds for Board to invoke the other remedies as provided in this Lease. 23. VENUE, ATTORNEY FEES: In the event of litigation to enforce the rights and obligations hereunder, venue shall lie in Yakima County Superior Court, and the prevailing party shall be entitled to its reasonable attorney fees in addition to court costs. 10 24. NON - DISCRIMINATION CLAUSE: To the extent required by law, Wide Hollow, for itself, its personal representative, successors in interest and assigns, as a part of the consideration hereof, does hereby covenant and agree as follows: A. No person, on the grounds of race, color, religion, sex, age, marital status, handicap or national origin, shall be unreasonably excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in Wide Hollow' personnel policies and practices or in the use or operation of Wide Hollow' services or facilities. B. Wide Hollow agrees that in the construction of any improvements on, over or under Airport land and the furnishing of services thereon, no person, on the grounds of race, color, religion, sex, marital status, handicap, age or national origin, shall be unreasonably excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination. C. Wide Hollow shall use the Agreement Property in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non- discrimination in Federally Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. D. It is the policy of the Department of Transportation that minority business enterprise as defined in 49 CFR Part 23, i.e., firms owned and controlled by minorities; firms owned and controlled by women and firms owned and controlled by financially disadvantaged persons; shall have the maximum opportunity to participate in the performance of Agreements as defined in 49 CFR Section 23.5. Consequently, this Agreement is subject to 49 CFR Part 23 as applicable. Wide Hollow hereby assures that no person shall be excluded from participation in, denied the benefits of or otherwise discriminated against in connection with the award and performance of any contract, including leases and agreements, covered by 49 CFR Part 23 on the grounds of race, color, national origin or sex. Wide Hollow hereby assures that it will include the above clauses in all sub- leases and cause sub - tenants to similarly include clauses in further sub - leases or partial assignments. 25. INTEGRATION: Exhibits and Recitals are incorporated herein by this reference. This Lease embodies the entire agreement between the parties with respect to the subject matter herein contained. No amendments or modifications hereof shall be 11 enforceable unless in writing, signed by the party to be charged. 26. NOTICE: All notices allowed or required hereunder shall be effective if given in writing and served by personal delivery or delivered by certified mail, return receipt requested, at the address shown below unless a different address is designated by a party in writing: If to Board: YAKIMA AIR TERMINAL - McALLISTER FIELD 2400 West Washington Avenue Yakima, Washington 98903 Phone: (509) 575 -6149 Fax: (509) 575 -6185 If to Wide Hollow: WIDE HOLLOW DEVELOPMENT, LLC. 3801 W. Washington Avenue Yakima, Washington 98903 Phone: (509) 966 -4300 Fax (509) 457 -9663 27. BINDING EFFECT AND BENEFIT: This Lease shall be binding upon and inure to the benefit of the parties hereto, their successors, assigns, partial assigns and subtenants. 28. ESTOPPEL CERTIFICATES: Board shall issue estoppel certificates to tenants, partial assignees, assignees, and lenders of Wide Hollow upon request and in forms required by such tenants, partial assignees, assignees, and lenders. Wide Hollow shall reimburse Board for its actual, reasonable out of pocket costs in providing same. 29. DEFINITION OF BOARD: For purposes of Sections 19, 20, and the second sentence of Paragraph 5(C), Board shall mean the Yakima Air Terminal - McAllister Field, the City of Yakima and the County of Yakima. For purposes of obtaining consent and providing notice to the Board, the Board shall mean the Airport Manager appointed by the Board or any commission or agency thereof from time to time. For all other purposes, the Board shall have the meaning set forth in the opening unnumbered paragraph of the Lease. 12 :•��� YAKIMA AIR TERMINAL - McALLISTER FIELD 2400 West Washington Avenue Yakima, Washington 98903 (509) 575 -6149 (509) 575 -6185 (fax) Douglas C: Hahn, Chairman William Wheeler, Secretary - -_ STATE OF WASHINGTON County of Yakima I certify that I know or have satisfactory evidence that Douglas C. Hahn and William Wheeler signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the Chairman and the Secretary respectively of the Board of the Yakima Air Terminal - McAllister Field to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Date: By: Notary Publi67 ���1�Frrnrr Appointment Expires ,1`\���� N.7 = �OTAgy.Gi''• My Comm. Expires November 1, 2007 '2 0' WAS`�`� �\. t ni 1110% Filename: Lease/WideHollowAgreement2005 13 WIDE HOLLOW: WIDE HOLLOW DEVELOPMENT, LLC 3801 W. Washington Avenue Yakima, Washington 98903 Phone: (509) 966 -4300 Fax (509) 457 -9663 Trent Marquis, Ma STATE OF WASHINGTON County of Yakima to I certify that I know or have satisfactory evidence that Trent Marquis, signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Manager of Wide Hollow Development, LLC, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Da4Pu —10)-g By: Y�Z= Not Appointm ent Expires 00 `% 30 Y41 kQ ; aOTM;: L�C� • IO WAW 1.2007 ' z rWASN\��`\`, Filename: Lease=ideHollowAgreement2005 14 EXHIBIT "A" Fe4c CREEKSIDE WEST WME HOUAW ODAMOPUFM ------ - - - - -- -Prop r'+� - -- -- -- - -- --- - - - - --- -- -- -- - - - - _ - _ - _ - -- - _ - _ _ ` \ (Y11,m0 S}'.) �'i RAW) WAY,.) IN a 1 I wr U / LN in Uff 17 ta 13 — — _ ?3471% �� m 1or / — \ i �► / yIatr it / Lor to \\ — ---------------- - -- - -- uIr 11 `2,4. ) I er am \ \ IOr 1I / \ \ s.) // / Iar10 \ `\ S ` , WAY*. I \ \ �1eDr a I I P.Y. F/60EYF S' 7' 7' s• Pk GSOpf � [� ?m�SP. I I \ \ \ Lor 7 IOr a I r \ S10FC: OA2 MOM SLOPE 0.03 FFfiL \ 6 1]0 SF Y COIN.. 010• COYPIOIFO DEPTH WI W%P3FMT, Wr 1 1 O,W COW PACIED OFPM CRYSNED SWIf/CYW BASE COINISE \ \ \ - �ti •� -\�\ TYPR'J�L ROADWAY SECTION A � 1 \ \\ NO SCALE 121MM sFa LUF � ua r P.Y. USME r \ 1 I \ \ I , 1 I I I I 1 F I i1 I , I page 1 of 2 I 1 I I EXHIBIT f1P" CREEKSIDE WEST WIDE HOLLOW DEVELOPMENT NORTH 1/2, NW 1/4 OF SECTION 34, TOWNSHIP 13 NORTH, RANGE 18 E.W.M. YAKIMA COUNTY, WASHINGTON LOT AREA LOT GROSS AREA AREA LESS P.U. EASEMENT 1 28,500 S.F. (27,400 S.F. 2 27,800 S.F. 25,210 S.F. 3 29,420 S.F. 28,650 S.F. 4 31,490 S.F. 29,800 S.F. 5 31,900 S.F. 29,460 S.F. 6 32,420 S.F. (31,650 S.F. 7 34,730 S.F. 33,920 S.F. 8 35,200 S.F. 35,370 S.F. 9 33,960 S.F. (33,070 S.F. 10 32,150 S.F. (29,890 S.F. 11 31,490 S.F. 29.000 S.F. 12 32,410 S.F. (30,690 S.F. 13 32,770 S.F. 31,100 S.F. 14 31,730 S.F. (30,730 S.F. 15 32.040 S.F. 32,040 S.F. 16 31,870 S.F. 30,870 S.F. 17 35,080 S.F. 32,220 S.F. 18 34,500 S.F. 32,450 S.F. 19 34,030 S.F. 31,250 S.F. 20 158,370 S.F. 156,660 S.F. 21 97,190 S.F. 93,290 S.F. 22 51,390 S.F. 50,130 S.F. 23 34,930 S.F. (32,300 S.F. 24 56.320 S.F. 55,080 S.F. 25 41,120 S.F. 39,390 S.F. 26 40,210 S.F. (39,100 S.F. TOTAL 1,094.020 S.F. (1,050,720 S.F. ROAD R.O.W. 215,440 S.F. N/A CURVE DATA CURVE DELTA RADIUS TANGENT LENGTH C4 49'22'27" 830.00' 381.53' 715.25' C5 71'07'10" 830.00' 593.34' 1030.25' C6 19'58'07" 2000.00' 352.09' 697.03' C12 40.3713" 355.00' 131.41' 251.71' A 31'21'32" 300.00' 84.21' 164.19' 8 1 32137'16" 300.00' 1 87.79' 170.80' C 30 5,0 106.23' D 92' °0000" 750 500' 117.81' E 1 82 °33'22" 75.00' 1 65.84' 108.06' page 2 of 2 Wide Hollow Development L.1.0 3801 W. Washington Avenue Vakimn, WA 98902 509- 452 -7143 December 29, 2004 Mr. Bob CIem Yakima Air Terminal- McAllister Field 2400 W. Washington Avenue Yakima W A 98903 Re: Exercise of Option to Lease AS MODIFIED 22.55 acres west of 40th Avenue Consistent with our recent discussions, this letter will serve as formal notice of intent of Wide Hollow Development, LLC, to exercise its option to lease that certain land described in the "Conditional Option to Lease Real Property" initially dated February 27, 2003, to include the remainder of the acreage owned by Yakima Air Terminal- ]McAllister Field between S. 40th Avenue and S. 48th Avenue, north of the northerly 800 feet setback from the extended Runway Centerline of Runway 9/27, depicted on Exhibit A attached to this letter, being approximately 22.55 acres in total area. As you know, the parties have informally extended the option on a month -to -month basis, reflecting our mutual intention to continue the relationship. This letter will further serve as commitment of Wide Hollow Development, LLC, as tenant, to begin construction of infrastructure to and within said leased lands within 24 months from commencement of the formal lease, which shall include, but not be limited to, interior roads, curbs, gutters, and extension of utilities, at no expense to the airport. In exchange for said infrastructure construction, we have agreed that the option will be deemed amended as described herein, and that the lease cost shall be $2,500.00 /month, payable monthly in advance, until improvements in the nature of buildings are actually constructed upon the premises, at which time the lease rate on such improved properties shall be at the rate calculation specified in the Option Agreement as amended May 22, 2003 as to each portion of the properties utilized in conjunction with using such improvements, regardless of whether actually occupied by our company or tenants. Conversion of involved property from "Optioned Lands" to "Leased Lands ", and our obligation to pay rent on rentable space sublet or assigned to our tenants or pennitted assignees shall commence as and when improved by or for them, or for us. Subject to the requirements of Section 11 of the Conditional Option to Lease, we will be entitled to select tenants and permitted assignees and negotiate terms with them as are in our opinion commercially reasonable. The option as to the remaining properties shall continue unaffected and the option price shall be proportionately reduced as we enter leases and assignments with third parties and as portions of the premises are removed as roads and other common area 1< improvements and infrastructure. For clarification, we agree that "quasi- priblic" iq)rovements, usable by tenants and the public, such as roads and sidewalks adjacent to roads, shall not requirc us to pay relit oil the ground under such facilities, and that said lands occupied by quasi- public improveinents shall be released from the option once so improved, even though we and /or oua permitted assignces will have the continuing obligation to maintain them. The lease term shall be forty (40) years, with seven (7) rive (5) year renewal options upon the same terms and conditions, all as shall be set forth in a lease to be prepared by the airport and signed by the parties within 45 days from the date of your acceptance of this Notice. While we understand the requirement of state law that lease rates be reviewed, and are subject to adjustment, every five years, we agree that lease rates and lease terms to us for lands included within this project shall never be greater or more favorable following such adjustment periods as lease rates charged or terms made available at your airport to other non- government tenants for lands used or able to be used for commercial, office, or industrial purposes. Please provide a COPY of the proposed lease as soon as practicable in order that we and our counsel might review it in a timely fashion. So that we may proceed with our plans as reflected above, please ask the airport board to review the matter, then sign an acknowledgment copy of this Notice and deliver it to us as soon as Possible, in order that we can be assured there is no misunderstanding nor miscommunication about our amended agreement. We thank you for your cooperation and look forward to working with the airport in a mutually- beneficial fashion, and I would be pleased to meet with you and the Board should that be deemed appropriate. Sincerely, Wide Follow Development, LLC By �X --- Trent Marquis Enc.: E ' A Fc: Bob Clem 575 -6185 ACKNOWLEDGEMENT OF RECEIPT OF NOTICE AND TO AMENDMENT The undersigned, on behalf of the Yakima Air Terminal - McAllister Field Board of Directors, acknowledges receipt of the foregoing Notice of Intent to Exercise Option to Lease, and its 2 O N r CREEKSIDE WEST WIDE HOLLOW DEVELOPMENT, LLC BDUTHER. LINE OF 100 YEAR FLOOD PLAIN 34. N 89'44'09' E 2525.18' 16' P.U. EASEMENT 354.6 __ _ _ __ _____ __ NOTES NOT IN BINDING SITE PLAN /• III 0T 2 �• _ I 1. NO E SEWER EASEMENT se LOT 11 2L 1121 S.F'� 1_ 4400 CREEKSIOE LP. Imo LOT 1.776 1 7 S.F. I 12,576 S.F. LOT 72 -- -- — — — -JZg / 1201 LOREN PL. I 9.101 S. 1105 LOREt1 PL. fj = \ 60' PRIVATE ROAD (TYP.) 25' SEWER EASEMENT S1 4 a* U. 1706 60. 42KIO AVE. I' EASEMENT (TYP.) _ \ 4001 lJ1RE11 PL. �\ LOT SB LOT 20 N \ S. S.F. 8.500 S.F. 69'25'56 �.P�TO '/� . _ . \ Ra•_ S �\ J� LOT 1S.F. hti oo LOT 3 \ `\ •cly p` 160.3 771'"' v �F'f S@• \ Coo �/y ,�• 5,316 SF w /tip L it 6 631 S.F@l� /Ayr, 20' SEWER EASEMENT 1 44 I { 2. 3. I 4. K 04' W I 5. MONUMENTATION VISITED 6/2013 { S. SURVEY METHOD: TOPCON GTS 235W 7. THIS AMENDED BINDING SITE PLAN LOT 13 I HEREBY: a) DELETES LOT 1 \ / �' �\ o S2 \ D) MODIFIES LOTS 2, 3, 4, 6, 13. 14. (` B. 634 B.F. S6 1 \ /� �I I 18, 19, AND 20 OO \` /yam o• / J�,S@ \ N c) VACATES A PORTION OF THE �tkp �l of 20 FOOT SEWER EASEMENT SHOWN LOT AS. \ ? / ^ BETWEEN LOTS 1 6 2. AND \ (p F. \ LOT 4 53 LOT 2 { BETWEEN LOTS 3 G 4, ON THE \ LOT 23, 906 S.F. \ / Q, 9.300 S.F \ wI < I UNDER I1 AUOITORPSAFILECORDEO NUMBER 7655931 (THE VACATED o_ o PORTION LIES EASTERLY OF THE CURVE DATA \� \ °o. FYS <? �°r S n � of EASEMENT AS SHOWN HEREON) \ 3@• lQc JQ \ I 0) THE EXISTING HO SANITARY SEVER ° y / y' ", \ C dy,\ 4003 CREEKSIDE LP. oI ti { LINE (TO THE EAST) TO BE Lin DELTA RADIUS LENGTH EMSTH 1 3D '55' .00' 54.40• 10'13't0• t%0.00 347.81' 00' 6fi 7' DO' 10 5. 31'21'3211 300.00' 84.21' 61.19' E '07.43' 375. 187.67' \ \ O • h \ J @16 7. OfiB S.F. / F ty / ` FIF's ,alp = O I 1 SEWERSDFOR THE PROPOSED \ �@ \ sb, �/ I(k; ♦ ��\ I U) SUILDING TO CONNECT TO \ �y� \ \ @J• \ v0 ' C / 11,040 S.F. ( 1 EXISTING 6" SERER LINE REST OF o _ THE MANHOLE PER YAKIMA MUNICIPAL CODE AND STANDARD �JJO IL.520 S F \� ��N 8925' DETAILS. THE EXISTING SERER I IUNNOLE EAST OF THE EXISTING 14— I I LINE TO BE ABANDONED IS TO BE LOT 6 ABANDONED AS HELL. FRAME. F4 \ 30' 130' SI 13.248 S.F. COVER, AND ADJUSTMENT RINGS \ AZC ARE TD BE REMOVED. MANHOLE TO RIANGLE (TYP.I I BE FILLED WITH CRUSHED S4 6' R EAS 4pp6 LOT 5 I SURFACING. 1 SF Lp 5. 965 S. I I CURVE DELTA RADIUS TANGEN EMSTH 1 3D '55' .00' 54.40• 106. ' o0' 00' 0 7 3 31'21'3211 300.00' 84.21' 61.19' t47.601' 1 '00• N 7B '40' 0 .15' 1 115.23'1 I CENTER LINE OF EASEMENT DATA \ \� fc 4P 65 D SEWER +000 ° E1 I ,o kt I LINE BEARING IOISTANCE Sl X 0.01'11• E 1 190.00' S '36' E 106.30' S3 o0' 00. 00. S 74-07.00• E 410 S 31'57'51' X t47.601' —SS 7 N 7B '40' 0 325.00' Be N 47' 1 59 S 69-44-02- 206.00- \ 8 � � / EA9ENENT Slpf =R I 1 GRAPHIC SCALE 1• -100' \ S 21 •p \�•� 0 100 200 300 \ \ \00 = I + A I I ��1`TfO �N 56'0154• 10 FAI E % \ \ ` 33.96' ?pAe CENTER SEC 34. AUDITORS CERTIFICATE \ \ T1 L 3K iN'1 H \ \ FILED FOR RECORD AT THE REQUEST OF WIDE HOLLOW \ \ �• DEVELOPMENTS, LLC., THIS .� DAY OF 4916 20 SURVEYOR'S CERTIFICATE L THIS NAP CORRECTLY REPRESENTS A SURVEY BI AT Z MINUTES PAST 11 )► M AND RECORDED UNDER MADE BY ME OR UNDER M/ DIRECTION IN u �j CONFORMANCE WITH THE REQUIREMENTS OF AUDITOR'S FILE NUMBER -_ 781D �i 47 0I RECORDS OF THE BURVEY RECORDING ACT AT THE REOUES OF WIDE HOLLOW DEVELOPMENT. LLC IN YAKIMA COUNTY, WASHINGTON. JUNE 2013. AUDITOR DEPUTY AUDITOR 'y DON WILTON AMENDED BINDING SITE PLAN SURVEYING SCALE; 1• ' fGG• GP.In+ eT- eG. GATE: SEPT 9, 2013 91pE1 I OF 5 PO BOX 2275 FOR: YAKIMA, MA 98907 WIDE HOLLOW DEVELOPMENT. LLC 509 - 454 -8195 I I ,roe M0. T 13 K R 18 EWM CREEKSIDE WEST 13034 N O N W m CREEKSIDE WEST WIDE HOLLOW DEVELOPMENT, LLC ///--- SOI1TfEtLY / LINE OF 100 YEAR \v/ FLOOD PLAIN N 89'44'09' E 2625.16' NOT IN BINDING SITE PLAN — ° Im °o \' SEWER EASEMENT = _ \ 60' PRIVATE ROAD (TYP.) / 4 EASEMENT (TYP.) / ~S7' / \\ LOT 16 9.660 S.F. LOT 14 \- / / / \ �7�Q' 21,824 S.F. / 1 v '3aD (.`h'SS SB . \ J� 4. \ 4400 CREEWSIDE LP. / /� LOT 11 \ �� Dom\ ` G. 534 S.F 4. \ \�•F J V,L634 S.F. S6 \\ \ \s 9 \ \\ \ ` ♦ JO_ \ \ Cp fL 000 S.F. \\ 9900 S. F �r,� \OD. y \ JSJS 7 LOT DGS S. ' F. / t a GRAPHIC SCALE 1100' A,� / \ \ \ 412; I // 0 100 200 300 CURVE DATA 0 W NOTE: CURVE DELTA RADIUS \ I40' 40' NOT IN SINGING SITE PLAN 1935.00 329.25' B 10'13'10' S9 , 16' SEWER EASEMENT Ij 66'07'12' BB0.00' N B9'44'09' E 1507.53' ,_ \ \ ( \ Y V ` ^ LOT 16 17FSTgJ 14.016 S.F. C �0 FItOryT r 4605 N. WASHINGTON AVE. 59.35' 13, 632 S.F. 4501 N. NA9MINGTON AVE. al 31'0 '/3' 315.00' 187.67' N 89'44'09' E 2625.16' NOT IN BINDING SITE PLAN — ° Im °o \' SEWER EASEMENT = _ \ 60' PRIVATE ROAD (TYP.) / 4 EASEMENT (TYP.) / ~S7' / \\ LOT 16 9.660 S.F. LOT 14 \- / / / \ �7�Q' 21,824 S.F. / 1 v '3aD (.`h'SS SB . \ J� 4. \ 4400 CREEWSIDE LP. / /� LOT 11 \ �� Dom\ ` G. 534 S.F 4. \ \�•F J V,L634 S.F. S6 \\ \ \s 9 \ \\ \ ` ♦ JO_ \ \ Cp fL 000 S.F. \\ 9900 S. F �r,� \OD. y \ JSJS 7 LOT DGS S. ' F. / t a GRAPHIC SCALE 1100' A,� / \ \ \ 412; I // 0 100 200 300 CURVE DATA 0 W NOTE: CURVE DELTA RADIUS LENGTH A 9'41'57' 1935.00 329.25' B 10'13'10' 1950.00 347.91' C 66'07'12' BB0.00' 1015. ,_ \ \ 66'00'31' 10.00' 59.35' E 31'0 '/3' 315.00' 187.67' ysh 1 I OF BUTLOTMG PERMIT FSSUAMCE 7 I I ( I I SURVEYOR'S CERTIFICATE THIS MAP CORRECTLY REPRESEN CURVE DELTA NO BUILDING STRUCTURES WILL BE ALLOWED NORTH OF THE SOUTHERLY LINE OF THE 100 YEAR FLOOD PLAIN OR SOUTH TANGEN X 7' \ 30'75'56' / OF THE RESTRICTED FLIGHT ZONE. THE ADDRESSES SHOWN ON THIS BINDING SITE PLAN ARE ACCURATE AS OF THE DATE OF RECORDING. BUT MAY BE SUBJECT TO GRANDE. THE CITY OF YAKIMA BUILDING COCES DIVISION IS RESPONSIBLE FOR THE CONFIRMATION OR REASSIGNMENT OF AOORFSSES AT THE TTAE _ N _ 2 90'00'29' 75,00' 75.01' 117.92' 3 4 ,_ \ \ 300.00' 75.00' &.2f' 73. f5' 161.19' 115.93' 105.40' 1'09' W 206.00' 1 I OF BUTLOTMG PERMIT FSSUAMCE 7 I I ( I I SURVEYOR'S CERTIFICATE THIS MAP CORRECTLY REPRESEN CURVE DELTA RAOII)5 TANGEN X 1 30'75'56' 200.00' b/.10' 106.23' 2 90'00'29' 75,00' 75.01' 117.92' 3 4 3121`32' 69.31'00• 300.00' 75.00' &.2f' 73. f5' 161.19' 115.93' CENTER LINE OF EASEMENT DATA LINE I BEARING I9TANCE Si '11• E 150.00' '00' E 205.00' 00' E ' 7'51' N 147.64' '10' N 32 5.00' 7'40' N 105.40' 1'09' W 206.00' DON WILTON SURVEYING PO BOX 2275 YAKIMA' WA 96907 45 509- 4 -8195 T 13 N,R SS EWN AMENDED BINDING SITE PLAN FOR: WIDE HOLLOW DEVELOPMENT, LLC CREEKSIDE WEST I -" 3034 (y) S O Zt- N lia a CREEKSIDE WEST WIDE HOLLOW DEVELOPMENT, LLC OWNER'S DEDICATION AND WAIVER OF CLAIMS KNOW ALL PERSONS BY THESE PRESENT THAT THE CITY OF YAKIMA. A MUNICIPAL CORPORATION: AND WIDE HOLLOW DEVELOPMENT. LLC ARE ALL PARTIES HAVNG OWNERSHIP INTEREST IN THE LAND HEREON DESCRIBED; HAVE WITH THEIR FREE CONSENT AND IN ACCORDANCE WITH THEIR DESIRES CAUSED THE SAME TO BE SURVEYED AND PLATTED AS SHOWN HEREON: 00 HEREBY DEDICATE THOSE ROADS AND /OR RIGHT OF MAYS SHOWN AS PUBLIC DEDICATIONS HEREON TO THE USE OF THE PUBLIC: DD HEREBY WAIVE ON BEHALF OF TMEMSELVES AND THEIR SUCCESSORS IN INTEREST ALL CLAIMS FOR DAMAGES AGAINST THE CITY OF YAKIMA AND ANY OTHE GOVENMENTAL AUTHORITY WHICH MAY BE OCCASIONED TO THE ADJACENT LAND BY THE ESTABLISHED CONSTRUCTION, DRAINAGE AND MAINTENANCE OF SAID DEDICATED ROADS AND /OR RIGHT OF WAYS: AND DO HEREBY GRANT AND RESERVE THE EASEMENTS AS SHOWN HEREON FOR THE USES INDICATED. CITY OF YAA&U WIDE HOLLOW OEVEtOPMENT. LLC APPROVALS APPROVED THIS alk DA OF 0-"..C- CITY 20l�- CITY OF YAKINA ENGINEER APPROVED THIS _� DAY OF C1-4 C CITY OF YAKIMA SUBDIVISION AOMINISTRATO TREASURER'S CERTIFICATE I HEREBY CERTIFY THAT ALL CHARGEABLE REGULAR AND SPECIAL ASSESSMENTS COLLECTIBLE BY THIS OFFICE THAT ARE DUE AND OWING ON THE PROPERTY DESCRIBED HEREON ON THE DATE OF THIS CERTIFICATION HAVE BEEN PAID. ACKNOWLEDGMENT DATED T Tt DAY OF _CE 20 STATE OF WASHINGTON COUNTY SS i) YAKIMA COUNTY TREASURER'S OFFICE COUNTY OF YAKIMA .IL ON THIS L DAY OF ozmomcR 20 13 . BEFORE ME THE UNOESIGNEO, A NOTARY PUBLIC IN AND FDA 4,yn THE STATE OF WASHINGTON, DULY COMMISSIONED AND SWORN, PERSONALLY APPEARED _ TRsArr MARQVIS TO ME KNOWN TO BE THE REPRESENTATIVE FOR THE CITY OF YAKIMA, A MUNICIPAL RA ME EN7T17- iN- EXF�UT�D M THE MITMIN A!ID FOREGOING INSTRUMENT AND ACKNOWLEDGED SAID INSTRUMENT TO BE THE FREE AND VOLUNTARY ACT AND DEED fi�OTM OF SAID ENTITY FOR THE USES AND PURPOSES THEREIN MENTIONED. AND ON OATH STATED THAT HE IS AUTHORIZED TO EXECUTE THE SAID INSTRUMENT, AND THAT THE SEAL AFFIXED IS THE SEAL OF SAID CORPORATION. IN WITNESS WHEREOF I HAVE HEREUNTO SET MY HAND AND OFFICIAL SEAL THE DAY AND YEAR FIRST ABOVE WRITTEN. .y7• _ ' LEGAL DESCRIPTION NOTARY PUBLIC IN AND FOR THE STATE OF WASHINGTON, RESIDING AT yA kf M A MY COMMISION EXPIRES LOTS 1 THRU 22 AND TRACT A OF THE BINDING SITE PLAN OF CREEKSIDE WEST, AS RECORDED WIDER AUOITOR'S FILE STATE OF WASHINGTON NUMBER 7691931. RFCOROS IF fAWTMA rOUMTY AASHTNGTON SS NOTARY PUB C IN AND FOR THE STATE OF WASHINGTON. RESIDING AT,- _ iED i 1EREUNTO I..Ai f. .y A%;4� MY COMMISSION EXPIRES �O�i•� O,_l'yyASNpp V) PARCEL NO. 181334- 21901, 21902, 21903. 21904, 21905, 21906, 21907, 21908, 21909, 21910. SURVEYOR'S CERTIFICATE 21911. 21912. 21913, 21914. 21915. 21916, 21917, 21918, 21919. 21920. 21921. 21922. AND 21923 THIS MAP CORRECTLY REPRESENTS A SURVEY "•��r AMENDED BINDING SITE PLA MANE BY NE OR UNDER NY DIRECTION IN CONFORMANCE NITM THE NG AEDUIRE"" OF � °OyOr DON WILTON THE SURVEY RECORDING ACT AT THE REOUES �� SURVEYING »rA °iAMN °• OF WIDE HOLLOW DEVELOPMENT, LLC IN -.. S O N �o C�. t/1 aL� zj- CREEKSIDE WEST WIDE HOLLOW DEVELOPMENT, LLC LOT 1 (NOT USED) LOT 2 COMMENCING AT THE NORTH QUARTER CORNER OF SECTION 34, TOWNSHIP 13 NORTH. RANGE 18 EAST. M.M.: THENCE SOUTH 0'34'04' WEST. ALONG THE EAST LINE OF THE NORTHWEST QUARTER. OF SAID SECTION 34, FOR 579.32 FEET: THENCE NORTH 90'00' WEST, 133.39 FEET TO THE POINT OF BEGINNING; THENCE NORTH 90'00' WEST. 18.77 FEET: THENCE SOUTH 00'00' WEST, 5.00 FEET; THENCE NORTH 90'00' WEST. 90.73 FEET: THENCE NORTH 00'00' EAST, 5.00 FEET; THENCE NORTH 90'00' WEST, 18.50 FEET; THENCE NORTH 00'00' WEST, 81.17 FEET; THENCE SOUTH 90'00' EAST, 5.00 FEET: THENCE NORTH 00'00' EAST, 33.25 FEET: THENCE NORTH 90'00' WEST, 5.00 FEET: THENCE NORTH 00'00' EAST. 42.83 FEET: THENCE SOUTH 90'00' EAST, 26.50 FEET; THENCE NORTH 00'00' EAST, 42.67 FEET: THENCE SOUTH 90'00' EAST. 67.49 FEET; THENCE SOUTH 45'00' EAST, 10.93 FEET; THENCE NORTH 45'00' EAST, 4.00 FEET; THENCE SOUTH 45'00' EAST. 38.17 FEET: THENCE SOUTH 45'00' WEST, 12.33 FEET; THENCE SOUTH 00.00' WEST, 9.54 FEET; THENCE SOUTH 90'00' EAST, 5.18 FEET; THENCE SOUTH 00'00' HEST, 13.50 FEET: THENCE NORTH 90.00' WEST, 5.18 FEET; THENCE SOUTH 00'00' WEST, 7.68 FEET; THENCE SOUTH 90'00' EAST, 3.08 FEET: THENCE SOUTH 00'00' WEST .00 FEE THENCE NORTH 90'00' WEST, 3.08 FEET; THENCE SOUTH 00'00' WEST, 7.88 FEET; THENCE SOUTH 90'00' EAST. 5.08 FEET: THENCE SOUTH 00.00' WEST, 13.50 FEET; THENCE NORTH 90'GD' WEST. 5.00 FEET; THENCE SOUTH 00'00' WEST. 49.02 FEET: THENCE SOUTH 90'00' EAST, 5.10 FEET; THENCE SOUTH 00'00' HEST, 49.00 FEET TO THE POINT OF BEGINNING. LOT 3 COMMENCING AT THE NORTH QUARTER CORNER OF SECTION 34. TOWNSHIP 13 NORTH, RANGE 18 EAST, M.M.; THENCE SOUTH 00'34'04' NEST, ALONG THE EAST LINE. OF THE NORTHWEST QUARTER, OF SAID SECTION 34. FOR 290.89 FEET: THENCE NORTH 90'00'00' WEST, 299.13 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 31'00' WEST, 70.00 FEET; THENCE NORTH 59'00' WEST, 76.00 FEET; THENCE NORTH 31.00' EAST, 58.00 FEET; THENCE SOUTH 59.00' EAST, 12.00 FEET; THENCE NORTH 31.00' EAST, 12.00 FEET: THENCE SOUTH 59'00' EAST, 66.00 FEET TO THE POINT OF BEGINNING. LOT 4 COMMENCING AT THE NORTH QUARTER CORNER OF SECTION 34, TOWNSHIP 13 NORTH. RANGE 18 EAST. M.M.; THENCE SOUTH 00'34'04' NEST, ALONG THE EAST LINE, OF THE NORTHWEST QUARTER, OF SAID SECTION 34, FOR 537.75 FEET; THENCE NORTH 90.00'00' WEST, 445.02 FEET TO THE POINT OF BEGINNING; THENCE NORTH 59'00' WEST, fib. 00 FEET; THENCE NORTH 31.00' EAST, 12.00 FEET; THENCE NORTH 59.00' WEST, 12.00 FEET; THENCE NORTH 31.00' EAST, 56.00 FEET; THENCE SOUTH 59.00' EAST, 78.00 FEET; THENCE SOUTH 31'00' WEST, 70.00 FEET TO THE POINT OF BEGINNING. :ING AT THE NORTH QUARTER CORNER OF SECTION 34, TOWNSHIP "H, RANGE 1S E.M.N.: 0 S .34'04' W ALONG THE EAST LINE OF THE NORTHWEST QUARTER 1 SECTION 34 FOR 738.54 FEET; S 40'52'50' M FOR 137.37 FEET TO THE POINT OF BEGINNING: N 20'01'28' M FOR 44.00 FEET; N 69'56'32" E FOR 14.40 FEET; N 20'01'28' N FOR 11.70 FEET: S 69'58'32' W FOR 14.80 FEET; N 20'01'28" N FOR 10.80 FEET; S 69'58'32' M FOR 11.60 FEET: S 20'01'25' E FOR 6.50 FEET; S 59'58'32' M FOR 52.00 FEET: S 20'01'28' E FOR 20.00 FEET: S 69'58'32' N FOR 29.00 FEET; S 20'01'28' E FOR 45.00 FEET: N 69'58'32' E FOR 13.00 FEET: N 20.01'2B' M FOR 9.75 FEET: N 59'58'32' E FOR 14.42 FEET; S 65'01'25' E FOR 34.38 FEET; N 24.58'32' E FOR 19.33 FEET: S 65'01'28- E FOR 9.25 FEET; N 24'58'32' E FOR 11.90 FEET: N 20'01'28' M FOR 7.00 FEET; N 69'58'32' E FOR 12.57 FEET TO THE POINT OF BEGINNING. SITUATED IN YAKIMA COUNTY, STATE OF WASHINGTON AREA - 5,955 S.F. LOT 6 COMMENCING AT THE NORTH QUARTER CORNER OF SECTION 34. TOWNSHIP THENCE TS Op34G04S8MEALONG THE EAST LINE OF THE NORTHWEST GUARTER OF SAID SECTION 34 FOR 750.60 FEET; THENCE S 89.44'09' M FOR 236.00 FEET TO THE POINT OF BEGINNING; THENCE N 74'33'00' N FOR 132.0 FEET; THENCE S 15'27'00' W FOR 48.0 FEET; THENCE N 74'33'00' N FOR 12.0 FEET: THENCE S 15'27'00' M FOR 48.0 FEET; THENCE S 74'33'00' E FOR 144.0 FEET: THENCE N 15'27'00' E FOR 96.0 FEET TO THE POINT OF BEGINNING. SITUATED IN YAKIMA COUNTY, STATE OF WASHINGTON. AREA - 13.248 S.F. LOT 7 COMMENCING AT THE NORTH GUARTER CORNER OF SECTION 34. TOWNSHIP 13 NORTH, RANGE 18 E.M.M.; THENCE S 0'34'04' W ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 34 FOR 683.50 FEET: THENCE S B9.44'09' W FOR 374.60 FEET TO THE POINT OF BEGINNING: THENCE N 58'05'00' W FOR 96.0 FEET; THENCE S 31'55'00' M FOR 120.0 FEET; THENCE S 58'05'00' E FOR 96.0 FEET; THENCE N 31.55'00' E FOR 120.0 FEET TO THE POINT OF BEGINNING. SITUATED IN YAKIMA COUNTY. STATE OF WASHINGTON. AREA - 11.520 S.F. LOT 8 COMMENCING AT THE NORTH QUARTER CORNER OF SECTION 34, TOWNSHIP 13 NORTH. RANGE 18 E.M.M.: THENCE S 0'34'04' M ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 34 FOR 634.70 FEET: THENCE S 89.44'09' N FOR 484.20 FEET TO THE POINT OF BEGINNING: THENCE N 58'05'00' M FOR 92.0 FEET: THENCE S 31'55'00' W FOR 120.0 FEET: THENCE S 5B'05'00' E FOR 92.0 FEET: THENCE N 31.55'00' E FOR 120.0 FEET TO THE POINT OF BEGINNING. SITUATED IN YAKIMA COUNTY, STATE OF WASHINGTON. AREA - 11.040 S.F. SURVEYOR'S CERTIFICATE THIS MAP CORRECTLY REPRESENTS A SURVEY MADE BY ME OR UNDER MY DIRECTION IN CONFORMANCE WITH THE REQUIREMENTS OF THE SURVEY RECORDING ACT AT THE REOUES OF WIDE HOLLOW DEVELOPMENT, LLC IN JUNE 2013. LOT 9 CONMENCING AT THE NORTH QUARTER CORNER OF SECTION 34, TOWNSHIP 13 NORTH, RANGE 16 E.N.M.; THENCE S 0'34'04' M ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 34 FOR 521.20 FEET: THENCE S 89'44'09" M FOR 543.80 FEET TO THE POINT OF BEGINNING; THENCE N 58"05'00' W FOR 150.0 FEET; THENCE S 31'55'00" N FOR 62.0 FEET: THENCE 58 N 31'55'00' E FOR 62.0 FEET TTO THE POINT OF BEGINNING. SITUATED IN YAKIMA COUNTY, STATE OF WASHINGTON. AREA - 9.300 S.F. LOT 10 COMMENCING AT THE NORTH QUARTER CORNER OF SECTION 34, TOWNSHIP 13 NORTH, RANGE 18 E.W.N.; THENCE S 0'34'04' W ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 34 FOR 447.40 FEET' THENCE 5 8944'09' M FOR 875.10 FEET TO THE POINT OF BEGINNING; THENCE N 56.05'00' N FOR 120.0 FEET: THENCE S 31.55'00' N FOR 150.0 FEET; THENCE S 58'05'00• E FOR 120.0 FEET; THENCE N 31'55'00' E FOR 150.0 FEET TO THE POINT OF BEGINNING. SITUATED IN YAKIMA COUNTY, STATE OF WASHINGTON. AREA - 18.000 S.F. LOT 11 COMMENCING AT THE NORTH QUARTER CORNER OF SECTION 34. TOWNSHIP 13 NORTH. RANGE 18 E.W.M.: THENCE 5 0'34'04' M ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF SAIO SECTION 34 FOR 335.40 FEET: THENCE S 89'44'09' M FOR 1.054.20 FEET TO THE POINT OF BEGINNING: THENCE N 58'05'00' W FOR 107.0 FEET: THENCE S 31'55'00' W FOR 62.0 FEET: THENCE S 58'05'00' E FOR 107.0 FEET: THENCE N 31'55'00' E FOR 62.0 FEET TO THE POINT OF BEGINNING. SITUATED IN YAKIMA COUNTY, STATE OF WASHINGTON. AREA - 6,634 S.F. LOT 12 COMMENCING AT THE NORTH QUARTER CORNER OF SECTION 3A, TOWNSHIP 13 NORTH, RANGE 1B E.N.M.: THENCE S 0'34'04' M ALONG THE EAST LINE OF THE NORTHMEST QUAHTER OF SAID SECTION 34 FOR 627.70 FEET; THENCE S 09'44'09' M FOR 695.60 FEET TO THE POINT OF BEGINNING: THENCE N 58'05'00' M FOR 114.0 FEET; THENCE S 31'55'00' F FEET: THENCE S 58'05'00' E FOR 114 0 EET: THENCE N 31'55'00' E FOR 52.0 FEET TO THE POINT OF BEGINNING. SITUATED IN YAKIMA COUNTY. STATE OF WASHINGTON. AREA - 7, 058 S.F. LOT 13 COMMENCING AT THE NORTH QUARTER CORNER OF SECTION 34, TOWNSHIP 13 NORTH, RANGE 18 E.M.N.; THENCE S 0'34'04' M ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 34 FOR 407.20 FEET; THENCE S 89'44'09' M FOR 1,098.30 FEET TO THE POINT OF BEGINNING; THENCE N 58'05'00' M FOR 107.0 FEET; THENCE S 31'55'00' M FOR 62.0 FEET: THENCE S 58'05'00' E FOR 107.0 FEET; THENCE N 31'55'00' E FOR 62.0 FEET TO THE POINT OF BEGINNING. SITUATED IN YAKIMA COUNTY, STATE OF WASHINGTON AREA - 6.634 S.F 0 N CREEKSIDE WEST WIDE HOLLOW DEVELOPMENT, LLC ;OMMENCING AT THE NORTH QUARTER CORNER OF SECTION 34. TOWNSHIP .3 NORTH. RANGE 18 E.M.M.; 'HENCE S 0'34'04' N ALONG THE EAST LINE OF THE NORTHWEST QUARTER IF SAID SECTION 34 FOR 295.10 FEET; THENCE 5 89'44'09' M FOR 1,342.30 FEET TO THE POINT OF BEGINNING HENCE N 78'24'00' N FOR 8.0 FEET; 'HENCE N 11'36'00' E FOR 4.0 FEET: 'HENCE N 78'24'00' W FOR 24.0 FEET: (HENCE N 11'36'00' E FOR 8.0 FEET; (HENCE N 76'24'00" W FOR 72.0 FEET; (HENCE N 11'36'00" E FOR 8.0 FEET; (HENCE N 78'24'00" W FOR 72.0 FEET: (HENCE S 11'36'00' W FOR 8,0 FEET. (HENCE N 78'24'00" N FOR 72.0 FEET: (HENCE S 11'36'00' W FOR 8.0 FEET; (HENCE N 76'24'00' N FOR 24.0 FEET; THENCE S 11'36'00' N FOR 4.0 FEET; THENCE N 78.24'00" W FOR 8.0 FEET; THENCE S 11'35'00' W FOR 56.0 FEET; THENCE S 78'24'00' E FOR B.0 FEET; THENCE S 11'36'00' W FOR 4.0 FEET; THENCE S 78'24'00' E FOR 24.0 FEET: THENCE 6 11.36'00' W FOR 8.0 FEET: THENCE S 78'24'00" E FOR 72.0 FEET; THENCE N 11'36'00' E FOR 8.0 FEET; THENCE S 78'24'00' E FOR 72.0 FEET: THENCE S 11'36'00' W FOR 16.0 FEET: THENCE S 78'24'00" E FOR 72,0 FEET; THENCE N 11'36'00' E FOR 16.0 FEET; THENCE S 78 24'00' E FOR 24.0 FEET; THENCE N 11'36'00' E FOR 4.0 FEET; THENCE S 78'24'00' E FDA 11.0 FEET: THENCE N 11'36'00' E FOR 56.0 FEET TO THE POINT OF BEGINNING. SITUATED IN YAKIMA COUNTY, STATE OF WASHINGTON. AREA - 2t.024 S.F. LOT 15 COMMENCING AT THE NORTH QUARTER CORNER OF SECTION 34. TOWNSHIP THFNCETS RAN 0.3 041BWEALONG THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 34 FOR 119.50 FEET; THENCE S 89'44'09' N FOR 1,662.70 FEET TO THE POINT OF BEGINNING THENCE S 89'44'09" N FOR 254.0 FEET; THENCE S 0'15'51' E FOR 48.0 FEET; THENCE N 89'44'09' E FOR 35.0 FEET; THENCE S 0'15'51" E FOR 8.0 FEET; THENCE N 89'44'09" E FOR 60.0 FEET; THENCE N 0.15'51' K FOR 8.0 FEET: THENCE N 69'44'09' E FOR 72.0 FEET: THENCE 5 0'15'51' E FOR 8.0 FEET; THENCE N 89'44'09' E FOR 60.0 FEET; THENCE N 0'15'51' N FOR 8.0 FEET; THENCE N 89.44'09" E FOR 36.0 FEET; THENCE N 0'15'51' N FOR 48.0 FEET; SITUATED IN YAKIMA COUNTY, STATE OF WASHINGTON. AREA - 13,532 S.F. LOT 15 COMMENCING AT THE NORTH QUARTER CORNER OF SECTION 34. TOWNSHIP 13 NORTH, RANGE IS E.M.M.; THENCE S 0'34'04" M ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 34 FOR 119.50 FEET; THENCE S 119'44'09' N FOR 1,977.00 FEET TO THE POINT OF BEGINNING: THENCE S 89'44'09' M FOR 240,0 FEET: THENCE S 0'15'51' E FOR 36,0 FEET: THENCE N 89'44'09" E FOR 48.0 FEET; THENCE S 0.15'51' E FOR 15.0 FEET; THENCE N 89'44'09' E FOR 48.0 FEET; THENCE 5 0.15'501' E FOR 16.0 FEET: THENCE N 119'44'09' E FOR 144.0 FEET: THENCE N O.15'51' M FOR 68,0 FEET: SITUATED IN YAKIMA COUNTY. STATE OF WASHINGTON. AREA - 14.016 S.F. COMMENCING AT THE NORTH QUARTER CORNER OF SECTION 34. TOWNSHIP 13 NORTH, RANGE 18 E.W.M,: THENCE S 0'34'04' W ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 34 FOR 30.90 FEET: THENCE S 89'44'09' W FOR 434.70 FEET TO THE POINT OF BEGINNING: THENCE 5 B9'44*09' W FOR 160.0 FEET; THENCE S 0'15'51' E FOR 16.0 FEET; THENCE S 89'44'09' M FOR 16.0 FEET: THENCE S 0'15'51' E FOR 16.0 FEET; 'HENCE S 89'44'09' M FOR 16.0 FEET: THENCE S 0.15'51' E FOR 16.0 FEET; THENCE 5 89'44'09' W FOR 16.0 FEET; THENCE 5 0'15'51' E FOR 16.0 FEET; THENCE N 89'44'09' E FOR 208,0 FEET: THENCE N 0'15'51' W FOR 64.0 FEET TO THE POINT OF BEGINNING. SITUATED IN YAKIMA COUNTY. STATE OF WASHINGTON. AREA - 11.776 S.F. LOT 16 COMMENCING AT THE NORTH QUARTER CORNER OF SECTION 34. TOWNSHIP 13 NORTH, RANGE IS E.W.M,; THENCE 5 0'34'04' W ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 34 FOR 180.80 FEET; THENCE 5 69'44'09' N FOR 670.60 FEET TO THE POINT OF BEGINNING; THENCE S 89'44'09' N FOR 132.0 FEET; THENCE S 31'00'00' N FOR 51.27 FEET: THENCE S 59'00'00' E FOR 112.83 FEET; THENCE N 31'00'00' E FOR 119.76 FEET TO THE POINT OF BEGINNING. SITUATED IN YAKIMA COUNTY, STATE OF WASHINGTON. AREA - 9.550 5, F . LOT 19 COMMENCING AT THE NORTH QUARTER CORNER OF SECTION 34. TOWNSHIP THENCE 5 O'34'0418WEALONG THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 34 FOR 289.80 FEET: THENCE S 89'44'09' W FOR 574.70 FEET TO THE POINT OF BEGINNING: THENCE N 59'00'00' W FOR 116.0 FEET: THENCE S 31'00'00' W FOR 72.0 FEET: THENCE S 59'00'00' E FOR 116.0 FEET: THENCE N 31'00'00' E FOR 72.0 FEET TO THE POINT OF BEGINNING. SITUATED IN YAKIMA COUNTY. STATE OF WASHINGTON. AREA - 8.352 S.F. LOT 20 COMMENCING AT THE NORTH QUARTER CORNER OF SECTION 34, TOWNSHIP 13 NORTH, RANGE 18 E.M.M.: THENCE S 0'34'04' W ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 34 FOR 180.80 FEET: THENCE S 89'44'09' N FOR 507.50 FEET TO THE POINT OF BEGINNING; THENCE S 89'44'09' N FOR 133.30 FEET; THENCE S 31'00'00' M FOR 40.01 FEET: THENCE S 59'00'00' E FOR 113.94 FEET: THENCE N 31.00'00' E FOR 109.19 FEET TO THE POINT OF BEGINNING. SITUATED IN YAKIMA COUNTY. STATE OF WASHINGTON. AREA - 8,500 S.F. _OT 21 70MMENCING AT THE NORTH GUARTEA CORNER OF SECTION 34, TOWNSHIP THENCE Op34'0041BWEALONG THE EAST LINE OF THE NORTHWEST QUARTER OF SAID THENCE B9 409 W FOR FOR 225.00 21.60 FEET TO THE POINT OF BEGINNING: THENCE S 89'44'09' W FOR 145.0 FEET: THENCE S 0'15'51' E FOR 80.0 FEET; THENCE N 89'44'09' E FOR 90.0 FEET: THENCE S 0'15'51' E FOR 16.0 FEET; THENCE N 89.44'09' E FOR 56.0 FEET; THENCE N 0'15'51' W FOR 96.0 FEET TO THE POINT OF BEGINNING. SITUATED IN YAKIMA COUNTY. STATE OF WASHINGTON. AREA - 12.576 S.F. SURVEYOR'S CERTIFICATE THIS MAP CORRECTLY REPRESENTS A SURVEY MADE BY ME OR UNDER MY DIRECTION IN CONFORMANCE WITH THE REQUIREMENTS OF THE SURVEY RECORDING ACT AT THE REOUES OF WIDE HOLLOW DEVELOPMENT, LLC IN JUNE 2013. LOT 22 COMMENCING AT THE NORTH QUARTER CORNER OF SECTION 34, TOWNSHIP 13 NORTH, RANGE 18 E.M.M.; THENCE S 0'34'04' N ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 34 FOR 44.10 FEET; ' THENCE 5 89'4409' N FOR 128.60 FEET TO THE POINT OF BEGINNING: THENCE S 89'44'09' W FOR 37.0 FEET: THENCE N 0.15'51' W FOR 18.0 FEET: THENCE S 89'44'09' M FOR 37.0 FEET. THENCE S O'15'51' E FOR 122.5 FEET; THE N 89'44'09' E FOR 16.0 FEET: THENCE S 0'15'51' E FOR 36.0 FEET: THENCE N 89'44'09' E FOR 58.0 FEET; THENCE N 0.15'51' W FOR 122.5 FEET TO THE POINT OF BEGINNING. SITUATED IN YAKIMA COUNTY, STATE OF WASHINGTON. AREA - 9,401 S.F. TRACT A PARCEL 1B1334 -21002 (AS DESCRIBED ON SHEET 3 OF 5). EXCEPT LOTS 1 THROUGH 22 (AS DESCRIBED ON SHEETS 4 OF 5 AND 5 OF 5) 'TRACT A' IS RECORDED AS SHARED ArCFRR AND PAPVTN. = ASFWFM- -I- 'uF BENEFIT OF LOTS 1 THROUGH 22