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HomeMy WebLinkAboutR-2007-064 Wal-Mart Stores, Inc. / Congdon Development Company, LLC, Development AgreementRESOLUTION NO. R-2007-64 A RESOLUTION authorizing and directing the City Manager to execute a Development Agreement with Wal-Mart Stores, Inc. (hereinafter "Wal-Mart") and Congdon Development Company, LLC (hereinafter "Congdon") to provide for the terms and conditions of construction of a Wal-Mart store to be located at the southwest corner of the intersection of Nob Hill Boulevard and 64th Avenue, in the City of Yakima. WHEREAS, on, or about, November 20, 2001, City and Congdon entered into a Development Agreement (hereinafter the "Congdon Development Agreement"), recorded March 8, 2002, under Yakima County Auditor's File Number 7261412, covering certain real property of Congdon's, including the Property which is the subject of this Development Agreement; and WHEREAS, on April 9, 2004, on behalf of Wal-Mart, the applicant CLC Associates submitted an application for a land use permit to construct a retail store and three "outlots" for future stand-alone commercial buildings on the Property at the southwest corner of West Nob Hill Boulevard and South 64th Avenue (the "Project"); and WHEREAS, the City Planning Division conducted environmental review of the Project under the State Environmental Policy Act ("SEPA"). The City issued a Final Environmental Impact Statement ("FEIS") on the Project in September 2005. WHEREAS, on December 14 and 15, 2005, the City Hearing Examiner conducted a public hearing on the Project. On January 21, 2006, the Hearing Examiner issued a decision approving the Project with conditions. Wal-Mart and Concerned Citizens for Yakima appealed the Hearing Examiners' decision; and WHEREAS, the City Council held a closed record hearing on the appeals on April 17 and 19, 2006. The Council remanded the matter to the Hearing Examiner to conduct an additional public hearing on specified issues; and WHEREAS, on June 19 and 20, 2006, the Hearing Examiner conducted an open record public hearing in accordance with the City Council's remand. On July 10, 2006, the Hearing Examiner issued a decision on remand. WHEREAS, on August 29, 2006, the City Council conducted an additional closed - record hearing to consider the Hearing Examiner's decision on remand; and WHEREAS, on October 3, 2006, the City Council issued a Final Decision with Findings of Fact and Conclusions of Law ("Final Decision") approving the Project subject to (ic)res/Wal-Mart Development Agreement 2007 1 the mitigating conditions of the FEIS except as specifically modified in the Final Decision and subject to the obligation of Wal-Mart to enter into a development agreement with the City to implement the conditions set forth in the Final Decision; and WHEREAS, this Agreement is intended to satisfy the obligation as set forth in the Final Decision for execution of a development agreement between Wal-Mart and the City to implement the conditions set forth in the Final Decision; and WHEREAS, on October 24, 2006, Wal-Mart filed an action under the Land Use Petition Act challenging certain conditions of approval in the City Council's Final Decision, Wal-Mart Stores, Inc. v. City of Yakima, Cause No. 06-2-03586-0, which is currently pending in Yakima County Superior Court. Execution of this Agreement is intended to provide for resolution of this dispute; and WHEREAS, the City has determined that the Project is a development for which this Agreement is appropriate, and desires to enter into this Agreement. This Agreement will, among other things, implement the conditions in the Final Decision, eliminate uncertainty over development of the Project, provide for the orderly development of the Project consistent with the City's current Comprehensive Plan and zoning covering the Property, mitigate environmental impacts, and otherwise achieve the goals and purposes for which the Development Agreement Statute was enacted; Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager of the City of Yakima is hereby authorized and directed to execute the attached and incorporated Wal-Mart Development Agreement. The Yakima City Council, after a duly noticed public hearing, has determined that execution of this Agreement furthers the public health, safety and general welfare, and that the provisions of this Agreement are consistent with the Comprehensive Plan and applicable development regulations. ADOPTED BY THE CITY COUNCIL this 1s` day of _ y, 2007. ATTEST: — David Edler, Mayor City Clerk (jc)res/Wal-Mart Development Agreement 2007 2 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 7 For meeting of: May 1, 2007 ITEM TITLE: Conduct a Public Hearing and consider a Resolution authorizing and directing the City Manager to execute a Development Agreement with Wal-Mart Stores, Inc. and Congdon Development Company, LLC, to build a Wal-Mart store in West Valley. SUBMITTED BY: William R. Cook, Director of Community and Economic Development CONTACT PERSON/TELEPHONE: William Cook, 575-6113 SUMMARY EXPLANATION: After several months of negotiations, the City Council is asked to conduct a Public Hearing and to consider a Development Agreement between the City of Yakima, Wal-Mart Stores, Inc. and Congdon Development Company, LLC. The Development Agreement formalizes the terms and conditions under which the proposed Wal-Mart store near the intersection of South 64th Avenue and Nob Hill Boulevard will be built. Included in the agreement are requirements for improvements to surrounding roads, water and sewer systems, traffic signalization at intersections, technical standards related to City building and zoning codes, and mitigation of environmental impacts. The Agreement will, among other things, implement the conditions of the final decision, eliminate uncertainty over development of the project, provide for the orderly development of the project, mitigate environmental impacts, and otherwise achieve the goals and purposes for which the Development Agreement statute was enacted. In addition, the agreement is intended to provide for resolution of a legal action filed by Wal-Mart that is currently pending in Yakima County Superior Court. Approval of the Development Agreement is the final step in the environmental and development review process. The next step for Wal-Mart would be to submit construction plans and apply for a building permit. Resolution X Ordinance Other Contract Mail to (name and address): Funding Source APPROVED FOR SUBMITTAL: Phone: City Manager STAFF RECOMMENDATION: Conduct public hearing and approve resolution. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution adopted. RESOLUTION R-2007--64 YAKIMA CITY COUNCIL NOTICE OF PUBLIC HEARING Proposed Development Agreement between Wal-Mart and the City of Yakima NOTICE IS HEREBY GIVEN that the Yakima City Council will conduct a public hearing to consider a proposed Development Agreement between Wal-Mart and the City of Yakima for the construction of the Wal-Mart Super Center proposed for location on the southwest corner of 64th Avenue and Nob Hill Boulevard. Said public hearing will be held Tuesday, May 1, 2007 at 7:00 p.m. at the Yakima Convention Center located at 10 North 8th Street, Yakima, Washington. . All interested persons are invited to attend this public hearing. Dated this 11th day of April, 2007. Deborah Moore City Clerk Please publish once on April 18 and once on April 25, 2007. Account No. 10952 After Recording Return to: City Clerk City of Yakima 129 N. 2nd Street Yakima, WA 98901 WAL-MART DEVELOPMENT AGREEMENT Grantors: Wal-Mart Stores, Inc., Congdon Development Company, LLC Grantee: City of Yakima Abbreviated Legal Description: Portions of Lots 15 and 16 of the Plat of Yakima Valley Orchard Tracts, Recorded in Book "A", Page 75, Records of Yakima County, Washington. Attachment A Additional Legal Description: Assessor Property Tax Parcel Account Numbers: 181329-41404 HhIU IIDUhIU. III 11 11 1011 71336 Pa58ge 1 of 28 09/1712087 12:88P AGR $87.00 Yakima Co, WA DEVELOPMENT AGREEMENT This Development Agreement is entered into by and among the CITY OF YAKIMA a municipal corporation ("City"), WAL-MART STORES, INC., a Delaware corporation ("Wal- Mart"), and CONGDON DEVELOPMENT COMPANY, LLC, a Washington limited liability company ("Congdon"). RECITALS A. To strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic risk of development, the legislature of the state of Washington enacted RCW 36.70B.170 through 36.70B.210 ("Development Agreement Statute"), which authorizes the City to enter into a Development Agreement regarding the development of property and establishing certain development rights with any person having an ownership interest or control of such real property. B. Congdon is the owner of certain real property consisting of approximately 34.2 acres within the City, as legally described in Attachment "A" (the "Property"). C. Wal-Mart intends to develop a retail store and three "outlots" for future stand- alone commercial buildings on the Property at the southwest corner of West Nob Hill Boulevard and South 64`" Avenue (the "Project"). D. The Property is on land zoned Central Business District Support ("CBDS") Zoning District in Ordinance No. 2002-45, the validity of which was appealed to Yakima County Superior Court and upheld by Division III of the Washington State Court of Appeals in Neighbors for Responsible Development v. City of Yakima, (Unpublished Decision issued December 21, 2006) 2006 WL 3747445. E. On, or about, November 20, 2001, City and Congdon entered into a Development Agreement (hereinafter the "Congdon Development Agreement"), recorded March 8, 2002, under Yakima County Auditor's File Number 7261412, covering certain real property of Congdon's, including the Property which is the subject of this Development Agreement. F. On April 9, 2004, on behalf of Wal-Mart, the applicant CLC Associates submitted an application for a land use permit to construct the Project. G. The City Planning Division conducted environmental review of the Project under the State Environmental Policy Act ("SEPA"). The City issued a Final Environmental Impact Statement ("FEIS") on the Project in September 2005. H. On December 14 and 15, 2005, the City Hearing Examiner conducted a public hearing on the Project. On January 21, 2006, the Hearing Examiner issued a decision approving the Project with conditions. 1111 7581336 3113 Ell Page: 2 of 28 09/1712087 12:08P AOR $87,00 Yakima Co, WA I. The City Council held a closed record hearing on the appeals on April 17 and 19, 2006. The Council remanded the matter to the Hearing Examiner to conduct an additional public hearing on specified issues. J. On June 19 and 20, 2006, the Hearing Examiner conducted an open record public hearing in accordance with the City Council's remand. On July 10, 2006, the Hearing Examiner issued a decision on remand. K. On August 29, 2006, the City Council conducted an additional closed -record hearing to consider the Hearing Examiner's decision on remand. L. On October 3, 2006, the City Council issued a Final Decision with Findings of Fact and Conclusions of Law ("Final Decision") approving the Project subject to the mitigating conditions of the FEIS except as specifically modified in the Final Decision and subject to the obligation of Wal-Mart to enter into a development agreement with the City to implement the conditions set forth in the Final Decision. M. This Agreement is intended to satisfy the obligation as set forth in the Final Decision for execution of a development agreement between Wal-Mart and the City to implement the conditions set forth in the Final Decision. N. On October 24, 2006, Wal-Mart filed an action under the Land Use Petition Act challenging certain conditions of approval in the City Council's Final Decision, Wal-Mart Stores, Inc. v. City of Yakima, Cause No. 06-2-03586-0, which is currently pending in Yakima County Superior Court. Execution of this Agreement is intended to provide for resolution of this dispute. O. The City has determined that the Project is a development for which this Agreement is appropriate, and desires to enter into this Agreement. This Agreement will, among other things, implement the conditions in the Final Decision, eliminate uncertainty over development of the Project, provide for the orderly development of the Project consistent with the City's current Comprehensive Plan and zoning covering the Property, mitigate environmental impacts, and otherwise achieve the goals and purposes for which the Development Agreement Statute was enacted. P. In exchange for the benefits to the City described in the preceding recital, together with other public benefits that will result from the development of the Project, Wal-Mart will receive by this Agreement assurance that it may proceed with the Project in accordance with applicable law, and therefore desires to enter into this Agreement. Q. Concurrent with the approval of this Agreement, the Yakima City Council, after a duly noticed public hearing, made appropriate findings, including that execution of this Agreement furthers the public health, safety and general welfare, and that the provisions of this Agreement are consistent with the Comprehensive Plan and applicable development regulations. R. Applications for subsequent implementing development approvals and permits necessary or desirable for the development of the Project will be made by Wal-Mart. 11 111 Milk 758 3316 Page: 3 of 28 CITY OF YAKIMA RGR $67.80, Yakima Co, WR 08P AGREEMENT NOW, THEREFORE, in consideration of the promises, covenants, and provisions set forth in this Agreement, the parties agree as follows: 1. GENERAL OBLIGATIONS Wal-Mart shall comply with the terms of this Agreement, and the terms of Implementing Approvals as defined in Section 5.1, including without limitation those conditions relating to the provision of transportation, sanitary sewer, water, stormwater, and other infrastructure serving the Project. The City shall comply with the terms of this Agreement and shall consider for approval, and cooperate with processing and reviewing, all applications for Implementing Approvals as provided in this Agreement. 2. PROJECT ELEMENTS 2.1 Uses The Project, which is depicted on Attachment "B", consists of a 203,819 square -foot Wal-Mart supercenter with 1,065 parking spaces, and three outlot pads for future stand-alone buildings with retail tenants on the approximately 34.2 -acre Property. About 24.87 acres of the site will be utilized for the supercenter development. Approximately 6.74 acres includes Wide Hollow Creek and its buffer. Approximately 0.46 acres will be dedicated to the City for right-of- way for South 64th Avenue. The remaining 3.93 acres will be retained by the current owner for future commercial/retail development. A short plat will be required to reconfigure the proposed site for the configuration of the three outlots. 2.2 Zoning The Property is zoned Central Business District Support ("CBDS") pursuant to City of Yakima Ordinance 2002-45. 2.3 Design Features of Wal-Mart Supercenter The new Wal-Mart supercenter will consist of a one-story, slab -on -grade structure. The new building has two gables which will reach 41.5 feet in height. The development will have a total impervious lot coverage of approximately 75%. Two access points to the facility are proposed from Nob Hill Boulevard and one access point is proposed from South 64th Avenue. The design perspective for the proposed building indicates a single -story structure with a facade designed to appear as several independent structures built with varying setbacks. The roofline similarly reflects separate structures with alternating flat and pitched roofs. The color scheme incorporates three shades of earth tone browns, a dark green and a metallic silver. 2.4 Phased Development The Project may be developed in phases, with Phase I consisting of the Wal-Mart supercenter, Phase II consisting of a fast food restaurant and bank, and Phase III consisting of retail, commercial space in the outlots. ni I II II I 11111 11 758133 4 6 Page of 28 09/17/2007 12:08P AOR $67.00 Yakima Co, WA 3. PROJECT DEVELOPMENT STANDARDS The Project shall be governed by the following development standards and mitigation measures (collectively "Development Standards"): 3.1 Site Plan The Project will be developed substantially in conformance with the final site plan, attached hereto as Attachment "B" (the "Site Plan"). The Site Plan may be modified as set forth in Section 5.3 of this Development Agreement. 3.2 Height The highest portion of the proposed improvements will be two gable roofs extending to a height of 41 feet, six inches. The parking lot lights will not be higher than 35 feet. Wal-Mart will comply with the special height restrictions on the property imposed as a result of the rezone of the property to CBDS and required by the airport safety overlay zone. 3.3 Setbacks The minimum setbacks for the CBDS zoning district will be provided. 3.4 Parking 3.4.1 The Site Plan shows 1,065 parking spaces, exclusive of the outlots, and 554 parking spaces are the minimum number required. None of these parking spaces or other areas on the site shall be made available for overnight or extended parking of motor homes, campers, travel trailers or other recreational vehicles. 3.4.2 Landscaping of parking areas will be substantially as shown on the Site Plan. Interior landscape islands provided within the parking areas will be a minimum of 200 square feet in size and will be planted with trees and shrubs. One tree will be required for every 14 parking spaces. 3.5 Lot Coverage The lot coverage will not exceed the 78% even though 100% is the maximum allowed in the CBDS zoning district. 3.6 Signs 3.6.1 Sign dimensions shall meet the size requirements of Chapter 15.08 of the Urban Area Zoning Ordinance ("UAZO"). 3.6.2 Signs will be internally lit to eliminate light glare, and there will be no illuminated signage on the westerly portion of the building facing the existing residential area. 3.6.3 Freestanding signs shall be placed as shown on the Site Plan. III 111 1111111111111 ui ITY OF YRKIMA 11 1 111 7581336 Page: 5 0£ 28 09/17/2007 12:08P $87.00i' Yakima Co, WA 3.7 Site screening 3.7.1 Except as otherwise provided in these conditions, site buffering and screening will adhere to Standard C improvements as described in Section 15.05.040 of the UAZO. 3.7.2 On the westerly Property line, the required standard for landscape and screening improvements will be an eight -foot high masonry wall atop a six-foot high berm and "densely planted landscaping" adjoining the wall and berm. Landscaping will be a mixture of fast growing deciduous and evergreen trees, shrubs and groundcover. Wal-Mart will provide irrigation and maintenance for the landscaping on both sides of the masonry wall. 3.7.3 On the southerly Property line, this same standard will be applied to those areas not abutting Wide Hollow Creek or its buffer area, and a sound wall will be constructed south of the store during store construction. 3.7.4 All other perimeter landscape areas will be a minimum of 10 feet wide and will be planted with a mixture of deciduous and evergreen trees, shrubs and ground cover. 3.7.5 Outdoor displays and storage areas shall be screened from residents to the west and south and all fertilizers and other potential pollutants shall be displayed on racks off the ground and served by an effective drainage system to contain spills. 3.8 Blight Prevention 3.8.1 Internal spaces will be structurally designed to allow conversion to smaller retail spaces meeting International Building Code requirements, in the event of closure of the Wal-Mart supercenter on the Property, unless the Director of Community and Economic Development allows Wal-Mart to instead post a bond or deposit funds sufficient to pay for the cost of removal of the building if it deteriorates or if it remains vacant for a three-year period after closure. 3.8.2 In the event of a closure of the Wal-Mart supercenter on the Property, all signage will be removed from the store and Property within six months of closure and Wal-Mart will continue routine upkeep and maintenance so that the Property remains in an attractive and marketable condition. 3.9 Noise Mitigation 3.9.1 Shielding of rooftop and ground level mechanical equipment will be provided with sound absorption panels to the extent necessary to reduce the noise created by the Wal-Mart supercenter on the westerly and southerly Property lines to a level which complies with the strictest of the following standards: a. The Washington State noise standards presently specified in Chapter 173-60 of the Washington Administrative Code, together with such amendments thereto that may be adopted in the future; and lit IN 111011 758133 286 89/17/2087 12:88P CITY OF YAKIMA AOR $67,88: Yakima b. The favorable results predicted in Wal -Mart's noise study of not more than a five -decibel increase on the westerly and southerly Property lines in the L25 ambient noise level for noises that are emitted for at least 15 minutes of each hour during both daytime and nighttime hours to be confirmed promptly after commencement of full operations. Testing of the increase in ambient levels shall be in accordance with the requirements of Section 3.9.3. Subsequent testing will not be required unless the facilities are changed in some manner so as to create additional noise after the initial testing is completed; and c. The City of Yakima's public disturbance noise regulations set forth in Section 6.04.180 of the Yakima Municipal Code, except for the exemption for sounds created by lawfully established commercial uses in Subsection 6.04.180(F)(16) thereof which Wal-Mart has agreed to waive and to refrain from asserting as a defense to an enforcement action thereunder, and together with any future amendments thereto. Wal-Mart will provide documentation as to the ability of said panels to achieve levels consistent with the above three noise standards. If said documentation is unavailable, and the ability of the panels to achieve such levels cannot be otherwise verified, mechanical equipment will be located on the ground. 3.9.2 Truck docks will be partially enclosed with masonry screen walls. 3.9.3 Wal-Mart shall procure test results of the actual daytime ambient noise levels at the locations previously tested on the west side of the Property during nighttime hours prior to commencement of construction of the facility in order to be able to compare the test results with comparable tests taken after the store is in operation to see if additional shielding or other steps will be required to actually accomplish the favorable results predicted in the study. 3.10 Lighting 3.10.1 The parties acknowledge that lighting conditions as currently imposed in the Final Decision, in particular, Conditions 22(ii), 22(iii), and 22(iv), are based on a lighting plan and environmental information for a previously -selected and differently configured Wal- Mart site on the north side of W. Nob Hill Blvd. (also known as the "proposed action site" in the FEIS, page 4). As currently imposed, such conditions may result in inadequate lighting for the site in violation of YMC 15.06.100 and unsafe on-site conditions. The conditions may also make it impossible to achieve the goal of zero light candle illumination on any adjoining residential property [Condition 22(iv)]. A revised lighting plan addressing these concerns will be submitted to the City of Yakima for approval through the required public process. 3.10.2 Wall signs shall be internally lit to eliminate light glare. 3.10.3 The Director of Community and Economic Development, in consultation with the Yakima Police Department, may require the brightness of the lighting at the Wal-Mart 11511111 1111111111 7b81336 Page 7 of 28 09/17/2007 12 O8P CITY OF YAKIMA ROR 167.99 Yakima Co, WR supercenter to be reduced to a level that is roughly comparable to the Meadowbrook Mall lighting if he determines from experience, citizens' complaints or other data that the lighting of the facility is inconsistent or incompatible with the rural character or residential nature of the property in the immediate vicinity. 3.11 Hazardous Materials 3.11.1 Wal-Mart will present evidence of its participation in the State Department of Ecology Voluntary Clean-up Program. Prior to issuance of a Certificate of Occupancy, a certification of program completion from the Washington State Department of Ecology will be presented to the City. 3.11.2 Wal-Mart will incorporate measures into a stormwater drainage plan to protect the water quality of Wide Hollow Creek from surface or subsurface lead and arsenic contamination. 3.12 Air Quality 3.12.1 Wal-Mart will file a Master Construction Dust Control Plan with the Yakima Regional Clean Air Authority ("YRCAA"). 3.12.2 Wal-Mart will submit to a New Source Review (NSR) under Section 4.02 of YRCAA Regulation 1. The Project will be required to go through NSR to determine applicability and thresholds. 3.13 Water Quality/Stormwater Drainage 3.13.1 A drainage plan meeting the requirements and standards of the Storm Water Management Manual for Eastern Washington produced by the Washington Department of Ecology will be approved by the City Engineer prior to commencement of construction. 3.13.2 The drainage plan will include a Storm Water Pollution Prevention Plan. 3.13.3 The storm drainage system will be designed to discharge all storm water within five days of storm events. 3.13.4 The 100 -foot setback buffer between Wide Hollow Creek and the development will be recorded as a "Native Growth Protection Easement", with provisions that no development activity or active public access will occur within the area. 3.13.5 Engineered erosion control measures will be installed during construction to prevent storm water runoff from carrying sediments and potential contaminants into the creek. 3.14 Habitat 3.14.1 Evidence of Wal -Mart's application for any required Corps of Engineers, State or other non -local permits will be presented to the City prior to issuance of building permits. Where said permits affect grading, erosion control or other elements of construction, C TY OF YAKIMA m 011 IIA Il II II AGR 167.00 7581336 Page: 8 of 28 09/1712007 12:08P Yakima Co, WA evidence of those permits having been issued will be presented prior to commencement of site development activity. 3.14.2 Specifically, Wal-Mart will present evidence of the need for, or lack of need for, permits issued under the Endangered Species Act as it relates to fish habitat in Wide Hollow Creek. 3.15 Construction Management A construction management plan will be prepared by Wal-Mart to include the following elements: a. That erosion control measures will be monitored during construction; b. That during site development and construction, no un- drained low spots are created within parking area or storm water detention areas; c. That construction areas will be watered as necessary to minimize blown dust; d. That vehicles leaving the site are washed down to minimize the transport of potentially hazardous materials away from the site; and e. That truck traffic entering and leaving the site will be monitored by flaggers to ensure the safety of traffic on Nob Hill Boulevard and South 64th Avenue. 3.16 Street Improvements 3.16.1 Except for the improvements to Nob Hill Boulevard as set forth in subsection (a), Wal-Mart at its expense shall construct the following street improvements, including the cost of necessary rights-of-way on properties not owned by Wal-Mart which the City will assist in procuring at Wal -Mart's expense with the cost of acquisition paid by the proponent. a. Nob Hill Boulevard: i. Wal-Mart agrees to improve Nob Hill Boulevard from South 48th to South 72' Avenue by constructing an additional westbound lane from South 48th to South 72nd Avenues and a center turn lane from South 64th to South 72nd Avenues, subject to the following conditions: (1) If the subject improvements can be completed without having to acquire any right of way from property owners other than from Congdon Orchards, Inc., or its assignees, pursuant to the Congdon AI 11 YI 111111111111111 VW I II TY OF YAKIMA AOR 7581336 1111 P9717/20 age: 9 of 28 09/17/2007 12:08P $87.00 Yakima Co, WA Development Agreement), then the improvements must be completed by Wal-Mart prior to occupancy of Phase I. (2) The subject improvements, if completed by Wal-Mart, shall include a shoulder on the north side of Nob Hill Boulevard from South 48th to South 72nd Avenue suitable for biking and walking purposes. The shoulder shall provide the same average width, grade and surface composition as currently exists at the time of the signing of this Agreement. If Wal-Mart does not complete the subject improvements, Wal-Mart shall be responsible for the cost of providing said shoulder as described herein. (3) If the subject improvements (including acquisition of all right of way required for a full five lane development of Nob Hill Boulevard and the cost of sidewalks, curbs, gutters, streetlights and drainage along the additional westbound lane), cannot be completed without having to acquire right of way from property owners other than Congdon Orchards, Inc., or its assignees, pursuant to the Congdon Development Agreement, Wal-Mart shall make best efforts to construct as much of the improvements as is physically and technologically possible prior to occupancy of Phase 1, with the remaining improvements paid for per the schedule below but recalculated proportionally using the amounts stated below to reflect those improvements already constructed, provided that (1) any such payment shall be held in a reserve account earmarked for improvements to Nob Hill Boulevard between South 48th and South 72nd Avenues; (2) the payment shall be expended within five years of collection; and (3) any payment not so expended shall be refunded with interest to Wal- Mart. The total cost of all improvements assuming Wal-Mart completes them in full is as follows: Roadway cost: Includes: Clear & grub Hauling material to disposal site Saw cut existing asphalt Demo existing asphalt Earthwork/grading Cap and vegetate disturbed areas Asphalt (2" ACO, 4" ATB, 15" CSB) Sub -total $1,012,712.50 Storm drainage Includes: Drainage ditch relocation Utility relocation Sub -total $157,000.00 9i111 Miu� u C TY OF YAKIMA 1 IN u 1 It It 111 781 Page 1033 o6 f 28 09/1712007 12:08P AOR $8?.00 Yakima Co, WA Pro -rata share of north side improvements (18% of total cost) Includes: Streetlights Sidewalk Curb and gutter Curb ramps Storm water drain lines Sub -total $231,158.00 Right-of-way acquisition cost for full five -lane Nob Hill Blvd. Includes: $2.00/square foot for residential $5.00/square foot for commercial Sub -total $209,800.00 Engineering Costs. Sub -total $150,000.00 15% Contingency. Sub -total $241,600.58 Total Improvements Cost: $2,002,271.08 ii. The City shall establish an assessment reimbursement contract or latecomers agreement pursuant to RCW 35.72 to allow Wal-Mart to recover a portion of the improvement costs from other property owners within the vicinity who develop their property at a later date and use the improvements constructed by Wal-Mart; provided that Congdon's financial participation to these improvements, and its successors and assigns as permitted by the Congdon Development Agreement, shall be limited to the dedication of necessary rights-of-way along Nob Hill Blvd. b. South 64th Avenue i. Construct improvements on South 64th Ave. from Nob Hill Boulevard and south to the Wide Hollow Creek bridge according to City of Yakima design standards. ii. Construct a left turn lane to service the South 64th Avenue entrance to the site. c. North 72nd Avenue and Summitview Avenue Intersection i. Restripe and modify detection on the westbound through lane of Summitview Avenue to accommodate a shared left and through lane. ii. Upgrade traffic signal to convert east -west phasing to split phasing. -10- 11 1111 111 1 0 7581336 Page: 11 of 28 08/17/2007 12:08P CITY OF YAKIMA ROR $67,00 Yakima Co, WA iii. Undertake and complete all such additional construction as may be necessary to accommodate the through -lane improvements. d. South 64th Avenue and Nob Hill Boulevard Intersection i. Upgrade traffic signal system to install protected/permissive left turns for all approaches. e. All driveways Restrict all driveway access to the outlots to the supercenter Property with no direct connections to adjacent public streets. The term "outlots" as used herein shall not include the approximately 3.93 acre parcel retained by Congdon on the corner of Nob Hill Boulevard and South 64th Avenue. ii. Obtain the City Engineer's approval of all driveway locations. iii. Restrict the east driveway to right -in -right -out only. iv. Construct a traffic signal at the west driveway and provide interconnect between South 64th Avenue and South 72nd Avenue. v. To maximize the spacing between the new signal at the west driveway and the signal at South 64th Avenue and Nob Hill Boulevard, the driveway will be located as close to the west Property line as possible, in accordance with City driveway width and curb return standards. vi. Construct an eastbound right -turn lane at the west driveway. 3.16.2 South 64th Avenue and Tieton Drive Intersection and South 64th Avenue and West Washington Avenue Intersection: a. Wal-Mart shall participate with the City of Yakima in the purchase of right-of- way and intersection improvements. The purpose of the improvements to the intersection at South 64th Avenue and Tieton Drive is to improve sight distance and add a left turn lane for westbound traffic on Tieton Drive to reduce conflict with the through movements. The purpose of the improvements to the intersection at South 64th Avenue and West Washington Avenue is to widen the northbound and southbound approaches of South 64th Avenue to include a separate left -turn and shared through/right lane. Wal -Mart's contribution toward both of these improvements would be on a pro rata basis according to traffic volumes generated as a percentage of intersection capacity. b. Prior to occupancy of Phase I, Wal-Mart shall bond for the full cost of a traffic signal installation at each of these two intersections (construction cost estimated at $200,000 for the intersection at South 64th Avenue and Tieton Drive and $265,000 for the intersection at South 64th Avenue and West Washington Avenue). Wal-Mart shall also pay the City of Yakima for the cost of administering engineering studies to be conducted once a year for three years at the intersections. The engineering studies shall assess whether traffic signal warrants are met at -11 I 11 11111 11111 111111 111111 111 111111 111 1111 7581336 Page 12 of 28 CITY OF YAKIMA 09/17/2007 12:08P AOR $S7,00 Yakima Co, WA the subject intersections. If at any time during the three-year monitoring period, the engineering studies deem that a signal is warranted, the bond shall be used by the City of Yakima to install a signal at the intersection(s). If, at the end of the three-year monitoring period, the engineering studies deem that a traffic signal is not warranted, the bond shall be released to Wal-Mart. 3.17 Pedestrian Improvements 3.17.1 Wal-Mart will provide sidewalks, curb, gutter, streetlights and drainage along all property frontages. 3.17.2 Wal-Mart will construct and provide a pedestrian/bicycle access to the supercenter from the adjacent residential neighborhood located to the west. Wal-Mart will also construct a seven -foot -wide sidewalk located parallel to and immediately adjacent to the south parcel boundary line. The sidewalk will stretch from the eastern boundary of the Wal-Mart Property to the western boundary of the Property and will connect to the northerly portion of Borley Lane. The Director of Community and Economic Development may accept a bond or cash deposit to insure completion if the preference is to make the improvements at a later time. 3.17.3 Wal-Mart will pay $200,000 to the City towards the cost of construction of a ten -foot -wide paved pedestrian/bicycle path located along the west side 64th Avenue between Tieton Drive and Nob Hill Boulevard, which represents the cost of grading and paving the path; subject to the following conditions: (1) the payment shall be made prior to occupancy of Phase I; (2) the payment shall held in a reserve account earmarked for pedestrian improvements to 64th Avenue between Tieton Drive and Nob Hill Boulevard; (3) the payment shall be expended within five years of collection; and (4) any payment not so expended shall be refunded with interest to Wal-Mart. 3.17.4 Wal-Mart will conduct an annual study for a period of three years, any or all of which may determine if a pedestrian activated traffic signal is warranted across 64th Avenue to access the Golf Course. 3.18 Public Transportation Improvements Wal-Mart will provide a bus pullout and shelter on both sides of either Nob Hill Boulevard or South 64th Avenue to be determined by the City Director of Community and Economic Development by considering transit routes, ridership characteristics and other pertinent factors. 3.19 Utilities Wal-Mart shall complete sewer line upgrades on Nob Hill Boulevard and provide the City with a 16 -foot -wide utility easement for the sewer line serving the Property as shown on Attachment C. CITY OF YRKIMR NM N11 �V u IUUI 11AOR $87 06 7581336 Page: 13 of 28 08/1712007 12:08P Yakima Co, WA 3.20 Outlot Parcels A short plat will be required to reconfigure the proposed site for the configuration of the three proposed outlots. The short plat must be concluded and recorded prior to issuance of building permits for outlot structures. 3.21 Air Traffic Safety and Public Safety 3.21.1 Wal-Mart shall demonstrate to the Director of Community and Economic Development full compliance with all applicable Airport Safety Overlay ("ASO") ordinance requirements prior to issuance of any permits. 3.21.2 No future user of any portion of the Property shall at any time in the future use or allow the use of any kind of search light, blinking light or flashing light for grand openings, special events or any other purpose whatsoever. 3.21.3 No future user of any portion of the Property shall at any time in the future use or allow the use of any kind of satellite disk(s) or other type of similar equipment for communication purposes without the prior approval of the City, the Airport Manager and the FAA. 3.21.4 No use or activity shall take place within the airport safety overlay in such a manner as to make it difficult for pilots to distinguish between airport light and others; create electrical interference with navigational signals or radio communication between the airport and aircraft; result in glare in the eyes of pilots using the airport and aircraft; impair visibility .in the vicinity of the airport; create bird -strike hazards; or otherwise create a hazard which may in any way endanger the landing, takeoff, or maneuvering of aircraft intending to use the airport. 3.21.5 Wal-Mart shall insure that conditions set forth in this paragraph 3.21 are disclosed to and complied with by future owners, lessees and other users of any part of the Property by the most effective means possible, including without limitation the inclusion of the conditions in covenants recorded against the Property and in sale, lease or other conveyance documents. 3.22 SEPA 3.22.1 Compliance with FEIS. The Project shall comply with the mitigating conditions in the FEIS for Alternative 3b except as modified by the Project Development Standards in this Agreement. 3.22.2 Additional SEPA Review. Environmental review for the Project has been completed. Except for development of the outlots, no environmental review under SEPA will be required for the Project or any Implementing Approvals except as modified by the Development Standards in this Agreement. -13 I 111111 IIIII 11111 10111 11111 111 111111 101 758133 14 6 Page 0£ 28 CITY OF YAKIMA POR $87.00 YOakima2007 '08P Co, WA 3.23 Other Standards Except as provided in this Agreement, the Project shall comply with any applicable rezone conditions in City of Yakima Ordinance 2002-45 and with City of Yakima Development Regulations in effect on November 20, 2001. Notwithstanding the foregoing, all applications for Implementing Approvals shall conform to the most current versions of the International Building Code (IBC) and International Fire Code (IFC) standards where applicable 4. TERM; VESTING 4.1 Term This Agreement shall be in effect for a period of 10 y ears. Any extension of this Agreement shall require an amendment of this Agreement by Wal-Mart, Congdon or its successor in interest, and the City Council. Upon the expiration of this Agreement, the Property shall be subject to the applicable provisions of the Yakima Municipal Code ("YMC"), provided that this provision shall not deprive any rights of Wal-Mart or its successors, under the YMC or other statute or case law, with respect to vesting or nonconforming uses. 4.2 Vesting 4.2.1 Project Elements and Development Standards Except as provided in Section 4.2.2, Wal-Mart is vested to the Project Elements set forth in Section 2 and Project Development Standards set forth in Section 3 as established by this Agreement, either initially or through amendment, during the term of this Agreement ("Buildout Period"). All Implementing Approvals (defined in Section 5.1) shall be governed by these vested Project Elements and Development Standards. During the Buildout Period, the City shall not modify or impose new or additional Project Development Standards on those subjects covered in Section 3, or for subjects covered by subsequent amendments to this Agreement, except as provided in Section 4.2.2. Further, for subjects not covered by the Project Development Standards adopted in Section 3, or subsequently adopted Project Development Standards, the YMC provisions on the effective date of this Agreement shall apply to the Project, and no changes to nor new provisions of the YMC after the effective date of this Agreement shall apply to the Project, except as provided in Section 4.2.2. 4.2.2 City's Reserved Authority In accordance with RCW 36.70B.170(4), the City reserves the authority to impose new or different regulations to the extent required to prevent a serious threat to public health and safety. 5. GENERAL PROVISIONS 5.1 Definitions 5.1.1 "Development Regulations" are the controls placed on development or land use activities by the City, including, but not limited to, zoning ordinances, critical areas " 110 110IVII IlI II III III III 11 11 AOR $67,00 7581336 Page: 15 of 28 09/17/2007 12:08P Yakima Co, WA ordinances, shoreline master programs, official controls, planned unit development ordinances, subdivision ordinances, and binding site plan ordinances together with any amendments thereto. 5.1.2 "Implementing Approvals" are the applications for land use approvals and permits in addition to the Development Agreement and necessary or desirable for the development of the Project. The Implementing Approvals may include without limitation the following: amendments of the Development Agreement, improvement agreements and other agreements relating to the Project, building permits, lot line adjustments, sewer and water connection permits, certificates of occupancy, developer extension agreements, landscaping plan approvals, clearing and grading permits, storm drainage construction plans and design of individual facilities, other studies, programs and plans required under this Agreement, right-of- way permits, and any amendments to, or repealing of, any of the foregoing. 5.2 Governing Law This Agreement shall be governed by and interpreted in accordance with the laws of the State of Washington. 5.3 Amendment; Minor Modifications Any amendment to this Agreement must be approved by each of the following: (a) the City; (b) Wal-Mart; and (c) Congdon or the owner of any portion of the Property. Notwithstanding the foregoing, the Director of Community and Economic Development may approve administratively minor modifications to the Development Agreement and Development Standards, including minor modifications to the Site Plan, building perspective, building elevation and color scheme. Minor modifications mean those that, in the Director's opinion, pose no greater external impact on the road system, Wide Hollow Creek buffers, adjacent residential areas, lighting or other features for which conditions have been imposed, than those caused by the Site Plan attached hereto as Attachment "B". For all other modifications, provisions of the Yakima Municipal Code governing modifications to existing or approved uses or development permits shall apply. 5.4 Binding on Successors; Assignment; Enforcement 5.4.1 Binding Agreement This Agreement shall be binding upon and inure to the benefit of the successors and assigns of Wal-Mart, Congdon, and the City. 5.4.2 Assignment Wal-Mart and Congdon shall have the right to assign or transfer all or any portion of the respective interests, rights or obligations under this Agreement or in the Project to other parties acquiring an interest or estate in all or any portion of the Property, including transfer of all interests through foreclosure (judicial or nonjudicial) or by deed in lieu of foreclosure. Consent by the City shall not be required for any transfer of rights pursuant to this Agreement. Upon the transfer under this section, the transferee shall be entitled to all interests and rights and be subject -15 alai Ni YII 11 11 TY OF YAKIMA AOR $8?,00 7581336 Page: 16 of 28 09/17/2007 12:08P Yakima Co, WA to all obligations under this Agreement as to the property transferred, and Wal-Mart and Congdon shall be released of liability as to the property transferred. 5.4.3 Enforcement of Agreement Wal-Mart and Congdon, so long as and to the extent either of them own any portion of the Property, and the City may enforce the terms and conditions of this Agreement. In addition, Wal-Mart acknowledges the authority of the City to require the following measures as necessary to ensure compliance with the conditions set forth in Section 3: a. Modifications to lighting improvements where necessary to eliminate foot candle exposure on adjoining residential properties or as necessary to comply with other lighting conditions; b. Abatement of a litter problem at the owner's expense, where a litter nuisance is documented, after notification to the owner and a reasonable period - no longer than one week - for the owner to clear the problem. (Recurring incidents will cause the City to abate the nuisance immediately at the owner's expense. Litter covered under this provision includes materials around trash compactors, used tires, food materials attracting vermin, odor causing materials and blown paper); c. Correction of erosion control problems where siltation or other impacts to Wide Hollow Creek are suspected; d. Extension of noise walls adjacent to truck loading areas if the noise level is identified to be higher than appropriate; e. Addition of more shielding to the HVAC roof units and procure and provide to the City additional noise test results as to actual ambient noise levels in adjacent residential areas in order to determine and enforce compliance with the predictions of the noise study; and f. Require bond(s) to be posted in the event of repeated complaints that will allow the City to take corrective action if the applicant fails to timely do so. 5.5 Recording Pursuant to RCW 36.7OB.19O, this Agreement shall be recorded with the Yakima County Auditor and during the term of this Agreement shall be binding on the parties, their successors and assigns. 11C 1 1111111111 Ill 1 Ill 7581336 Page: 17 of 28 09/17/2007 12:08P AGR $67.00' Yakima Co, WA 5.6 Interpretation The parties intend this Agreement to be interpreted to the full extent authorized by law as an exercise of the City's authority to enter into such agreements, and this Agreement shall be construed to reserve to Yakima only that police power authority which is prohibited by law from being subject to a mutual agreement with consideration. 5.7 Severability If any provisions of this Agreement are determined to be unenforceable or invalid by a court of law, then this Agreement shall thereafter be modified to implement the intent of the parties to the maximum extent allowable under law. If a court finds unenforceability or invalidity of any portion of this Agreement, the parties agree to seek diligently to modify the Agreement consistent with the court decision, and no party shall undertake any actions inconsistent with the intent of this Agreement until the modification to this Agreement has been completed. If the parties do not mutually agree to modifications within forty-five (45) days after the court ruling, then any party may initiate the dispute resolution proceedings in Section 5.13 for determination of the modifications which implement the intent of this Agreement and the court decision. 5.8 Authority The City, Wal-Mart, and Congdon each represent and warrant to each other that it has the respective power and authority, and is duly authorized to execute, deliver and perform its obligations under this Agreement. 5.9 Attachments Attachments "A" through "C" are incorporated in the Agreement by this reference as if fully set forth. 5.10 Headings The headings in this Agreement are inserted for reference only and shall not be construed to expand, limit or otherwise modify the terms and conditions of this Agreement. 5.11 Time Is of the Essence Time is of the essence of this Agreement and every provision hereof. Unless otherwise set forth in this Agreement, the reference to "days" shall mean calendar days. If any time for action occurs on a weekend or legal holiday, then the time period shall be extended automatically to the next business day. 5.12 Integration This Agreement shall not supersede or replace any of the provisions of the Congdon Development Agreement, which remains in full force and effect. Collectively, said Agreement and this Agreement represent the entire agreement of the parties. Besides said agreements, and a -17- 311111111114111 7581336 of 28 08/17/2007 12:98P CITY OF YRKIMA AR $87.00 Yakima Co, WA purchase and sale agreement between Wal-Mart and Congdon, which remains in full force and effect, there are no other agreements, oral or written, covering the subject matter of this Agreement. 5.13 Disputes; Default and Remedies 5.13.1 Dispute Resolution In the event of any dispute relating to this Agreement, all parties upon the request of any other party shall meet within fourteen (14) days of the request to seek in good faith to resolve the dispute. The City shall send the appropriate department director and persons with information relating to the dispute, and Wal-Mart shall send an owner's representative and any consultant or other person with technical information or expertise related to the dispute. 5.13.2 Default and Remedies No party shall be in default under this Agreement unless it has failed to perform under this Agreement for a period of thirty (30) days after written notice of default from any other party. Each notice of default shall specify the nature of the alleged default and the manner in which the default may be cured satisfactorily. If the nature of the alleged default is such that it cannot be reasonably cured within the thirty (30) day period, then commencement of the cure within such time period and the diligent prosecution to completion of the cure shall be deemed a cure. Any party not in default under this Agreement shall have all rights and remedies provided by law including without limitation damages, specific performance or writs to compel performance or require action consistent with this Agreement. 5.14 No Third Party Beneficiary This Agreement is made and entered into for the sole protection and benefit of the parties, their successors and assigns. No other person shall have any right of action based upon any provision of this Agreement. 5.15 Interpretation This Agreement has been reviewed and revised by legal counsel for all parties and no presumption or rule that ambiguity shall be construed against the party drafting the document shall apply to the interpretation or enforcement of this Agreement. 5.16 Notice All communications, notices and demands of any kind which a party under this Agreement is required by this Agreement or desires to give to any other party shall be in writing and either (i) delivered personally, (ii) sent by facsimile transmission with an additional copy mailed first class, or (iii) deposited in the U.S. mail, certified mail postage prepaid, return receipt requested, and addressed as follows: C TY OF YRKIMA INTI N 11 1 7581336 Page: 19 of 28 09/17/2007 12:08P ROR $6 .091 Yakima Co, WA If to Wal-Mart: With a copy to With a copy to If to Congdon: With a copy to If to the City WAL-MART STORES, INC. 2001 SE 10th Street Bentonville, AR 72716-0550 Attn: Kevin Sweet Telephone: (479) 204-0064 Facsimile: (479) 273-8380 Davis Wright Tremaine LLP 2600 Century Square 1501 Fourth Avenue Seattle, Washington 98101-1688 Attn: Charles E. Maduell Telephone: (206) 903-3968 Facsimile: (206) 628-7699 McCullough Hill PS 701 5'' Avenue, Suite 7220 Seattle, WA 98104 Attn: Jack McCullough Telephone: (206) 812-3388 Fascimile: (206) 812-3389 CONGDON DEVELOPMENT COMPANY, LLC. 1155 Camino Vallecito LaFayette, CA 94563 Attn: Clifford S. Adams, Telephone: (925) 284-4017 Facsimile: (925) 284-7091 Halverson Applegate P.S 1433 Lakeside Court, Suite 100 P.O. Box 22730 Yakima, WA 98907-2715 Attn: Michael F. Shinn Telephone: (509) 575-6611 Fascimile: (509) 457-2419 CITY OF YAKIMA Director of Community and Economic Development 129 N 2nd Street Yakima WA 98901 VIINVII1 III II ITY OF YAKIMA N AOR 1111 7581336 Page: 20 of 28 09/17/2007 12:08P $87,00 Yakima Co, WA With a copy to: CITY OF YAKIMA City Clerk 129 N 2nd Street Yakima, WA 98901 Notice by hand delivery or facsimile shall be effective upon receipt. If deposited in the mail, notice shall be deemed delivered 48 hours after deposited. Any party at any time by notice to the other party may designate a different address or person to which such notice or communication shall be given. 5.17 Cooperation The parties shall not unreasonably withhold requests for information, approvals or consents provided for in this Agreement. The parties agree to take further actions and execute further documents, either jointly or within their respective powers and authority, to implement the intent of this Agreement. The City agrees to work cooperatively with Wal-Mart to achieve the mutually agreeable goals as set forth in this Agreement, subject to the City's independent exercise of judgment. The City shall consider use of its eminent domain powers to facilitate implementation of this Agreement, subject to the City's independent exercise of judgment following all applicable procedures necessary to use eminent domain power. 5.18 Delays If either party is delayed in the performance of its obligations under this Agreement due to force majeure, then performance of those obligations shall be excused for the period of delay. IN WITNESS WHEREOF, this Agreement ,h been entered into among the City, Congdon, and Wal-Mart as of the 0.21z' day of <, , 2007. WAL-MART STO a Delaware corpo By: Its: Approved as to legal terms only by Pet---, WAL-MART LEGAL DEPT. Date: CONGDON DEVELOPMENT COMPANY, LLC., a Washington limited liability company By: Its: °iu1wu��Mu1N IN 1111 ni AGR 167.00 7581336 Page: 21 of 28 09/17/2007 12:08P Yakima Co, WA CITY OF YAKIMA, a Political Subdivision of the State of Washington By. R. Zais r. it Man, , y ager APPROVED AS TO FORM: ATTACHMENTS Attachment "A" — Legal Description Attachment "B" — Site Plan Attachment "C" — Sewer Plan 1 11 CITY OF YAKIMA 1111 ll 11 CITY CONTRAC f NO RESOLUTION NO: 1 7-36 0 II 7681336 Page: 22 of 28 08/1712007 12 08P AOR X87.00Yakima Co, WR STATE OF WASHINGTON ) ) ss. County of )(A-kir/114 /114 ) I certify that I know or have satisfactory evidence that R. A. ZAIS, JR - is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the City Manager of the CITY OF YAKIMA to be—the free and voluntary act of such party for the uses and purposes mentioned in th Given e 1.: $btR. /' ‘SSIOHe de, hand a NOr� PUgARY LiC 201% 0 AWA S IAN al seal this 7 day of , 2007. Type/Print am So9 Q Li_.0_6 fZ Notary Public in and for the State of Washington residing at ►VYiG My Commis io expires STATE OF ARKANSAS ) ) ss. COUNTY OF BENTON ) On this W day of Uo'1C , 2007, before me personally appeared DANIEL MALLORY, to me known to be the Regional Vice President, Real Estate and Design, of WAL-MART STORES, INC., a Delaware corporation, that executed the within and foregoing instrument and acknowledged the said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute and in fact executed said instrument on behalf of the corporation. Given under my hand and official seal this to day of T u f 1 e , 2007. Cuula 6 l Cc LAURA KATHLEEN CATHEY I ype/Print Name GO ut<<.. .\ce-, Cc t.fitc / BENTON COUNTY NOTARY PUBLIC 1 Notary Public in and State residing at Q -en -y -Q-) My Comm. Expires 02-07-205: My Commission expires .1 1 1 U 15 VI II TY OF YAKIMA III 7581336 Page: 23 of 28 09/17/2007 12:08P AOR $87.081 Yakima Co, WA STATE OF WASHINGTON ) � ss. County of )ki, - ) �� � ,.mss I certify that I know or have satisfactory evidence that�S his the person who appeared before me, and said person acknowledged thatthe signed this instrument, on oath slated teat e was aur ed to execute the instrument and acknowledged it as the �� Gnu e..gt�`of CONGDON DEVELOPMENT COMPANY, LLC to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Given under my hand and official seal this 7 I v C.Arlr'ES FEBRUARY 12, 2009 STATE OF WASHIN3TO€1 MICHAEL F. SHINDI NOTARY PUBLIC COMMISSION EXPIRES FEBRUARY 12, 2009 -# A' Type/ rint Name ;ZMe-sr ti w �-- No ry Public in d for the State of Washington r; siding at Ce c'S y Commission expires �� �/6 , 2007. -23- 11 CITY OF YRKIMR III 1I 11 1 111I M 11 GR 111 7581336 Page: 24 of 28 09/17/2007 12:08P $87,00, Yakima Co, WR • _ _ ' , , L rif<3,1 _ - ___ •_• --r---- ( 4 ; ; (DT 1 1 1 4 . OfTL....011 4 11 1 I 1 '''—'-- 0T4,,..O.T, : CTI.';•°L ' ;• • 4 1 /, •'/1 ' I I _ I 1,51' A PART I:4 za4-7' ..•.. • , , L__.; i'.. _____1 ' ' '''' -i-, ,,,,4 - . , r.,,zi-„;; ,-,-,7,,,,,1 47,44 U.::: ..5..•;;4 F.S.-5. 1 c r 1_ j (___ E.-) (-1 ri-J c ---j n ( i IC: --H- ..../i_____) Li= :_-..1-1 -17- _- _ _ 7_7.7.: , ---1--- = 1 , -,„,---/-pf:,,%,;,4 /2.7 / /,'•.7,-; ,s E / r./„.,.>;*, , -::1 1 1r; „ iTY;T:L ///% - ______ , 7 :7: rin 1_7 - •--, / i. Zirl1 ,..V -It -,D _ .:•_ 4I d'El A 4.,-;±.-.....,,z7.,:sr-• --.44-5.7.0..• 04.50-TAAI5 r //77//I4-4--17 ' • LOT I .--, , z /I• 4, u / 1H 1 329- /11401 C-1;05-3.41-Gli 203.111) 4 4 - - - 110121 w. I ZU-E — — ir V IC IN ITY MAR •/:\ 0 A s•C•I P.AR5,1110;) OAT A b, ADA, An( 4 70180 ST SI FA0600 52,55 '035 SPACES FCCE0003LF 00FEES 50 SPACES 107, PARA.G L055 SPACES P • 5) 5 220 0003 sr LO (5)001' EAPLF71 afTLOT 000 0(35)4 700 ITE DATA (?1,;<:, DATA 2.11, •C 001. A••:. 0 T0 P -I• 0 40, 0 .6+ •C 27 721 •C 0.055 01.4.000 00(6. 40)46,7 $ 804_0.01 SE OF ACF.5 0E00. .0 F000, Y400 0. S._ •TFI) TO •••,141 FRO 0710 AF0_,AL SE I E • GI, HT 00- •0 P0E-01 20 AF10 •rtiAi: -*4,6.64)4'C 5r005€0 r•••:, •1 F00,00. 7.00[0.7.; laA 050E 1.50% P0000500 (1,0005 .1 75 NAPE COPEP AGE 5c5.5. -G .5,5 • 00000 ARLAI VO 6.5 55 17054 1.A FAA, All_OWEO. 540,5 SP p0, LEGEND FOR PROP SEQ_Ite9.0_y_kg_N T 0.0.‹ .0005 0.• it\ 1- z P J u .2 L, <z) 05)4 J J > tr; SP El CITY OF YAKIMA Lin 1 Ol1ILOT 1 1 °ALM 2 CUTLOT 3 n n r) CD (7 sir )r- ) D J r rL. *43 ) NOT A PART ( 3 181329- 41401 D-106-BCRc 203,81P BF 1 U 111329-- 41492.„a T.',/ } EL. J1 8 \I .¢<K. +K r y y y 4 % € 0 :l mol DK 7 la0 All m. x KOe Ira la. PROJECT LOCATBNI VICINITY MAP PARKING DATA B&S_0!0 AREA 203,88 9F B T AFOARO BP ACE9 V SPACES ACCESSIBLE 8P ACES 71 SPACES TOTAL PARKNO 1000 SPACES RATIO 810/1000 SF a+A .wno ru....0 rats 1•ov x.�Lr1 �lIE21li� LOT I DOTLO1 I OUTL OT 2 OUTL0T J ROW DEOICA TION TOTAL BUILDING DATA GROS8 B0&D840 AREA. BtLDMG SETBACKS RECD 2AATi AC RA. AC OJR, , AC 0 AS AC 27.744 AC 203 AN 4- SF 4.7 FRO,. YARO O SOE TARO , REAR YARD OLRPARC EL SETBACKS RECO AC' FRONT 0 SCE VARO KT REAR YARD P1HD+.0 MEK T. NAAPAUI DY CODE PROPOSED BOLDNG BALD.. COVERAGE. 1.1AxWLX1 B CODE PROPOSED BULM4O xL BAPER V w4LM IMF ACE COVERAGE ONG AREA • PAVED AREAS - 818.854 SF ITeil r PAAA UIO OVIDkI S LEGEND FOR PROPOSED IMPROVEMENTS C] 4' 0. Il; 5P E1 RI '03 ewp eA d80 Zt L008/LI/80 82 30 L8 :'abed 9EE1-89L 1 Q) -0 m -4C = O O _O O z O 0 Q To co V ) a) (75 4) E a 0 ro N 0 E 0 00'49$ n III and II 1 dWI)lW d0 AlI VAI iw 11 11 "11 r- ,'r T, Li3/�' l � r5s ] rii Tt Eli �f �li1i S 4145 j Ti. i�jl rn n!.�lul�� 1,�� l l T1111-11 --';'1[11.111:7.1 , ,' Lt :1 LI Lill{rrt! `� �111 .1 ..1.1_I a}YR{9ir jI ':;t [i'!�_!_i�; _I11LII.1L(lt _l nt- I HM9! FP1 it _(-11,1 _ J 5 - ;t` rT Tri , r{-rT1 r-�_ L-, C- ,I: - rfr_ i, s .p4 1 � Tl r �I i 1: �v R 4 t,�� 9nN4. . rttir t�r, .1�,J 1 :.-• r•-1 [ 107 I 1-1, FL „j j._.•j ; r -r } � m I - I ( -- --- -- - --JI 5 L.,�. ' II !---1" i°. I C htl itrt i� L T _: L ,rJ_rl rr r.111 1 1 i f 111, It.11 r, ]lt=F � ��i �r ili ERT, b HI0 11 vn If Yvir=in: -- 1.1, 111 1 IE111.11._ 1111 lti1.1r. ` LC Gt.,� µys;n- L°c- 1.111: ` }�� [i - r_Y41 EIHMETTEEE 7 1, •.Lr.1I Bill L!_t( r,. �]7 ._ ,4,,u Ina rlT_�Q_� Irl1a-h� ryu!,?ri 3N:S11N 1 1110,' S J AV H1179 S ET_ i 1'O 1 ER.VPJ1 Tint :1 -7717 r II1 71: L L1tlrLLL, u(! i1L ls;`- I }—. I__LI_LI C!_i_���d J 1i tv aNZL 11 071='rrEJW q:/1 � r$�t��fiiIr Iftt] ] � ,l.Lili"_YICIELll 1 3,11151S 1_ 1 -- _ =J1ri 1 Lu 0 0 Irl= ;1 Ifl r¢t n �n�I r _m lit1 00 eu!PieA d88:2T 602/41/80 Ell 82 Jo 82 :86ed ?EC L89L 1111 CD -0 Ci) l— c- 0— 0 0:7 0-) C2) CD 00 c_o 1) c, 11 II 111 WI) UA JO UI iej•r• , #E1 I I I OUTLOT 1 OUTLOT 2 OUTLOT 3 I 1 I 0.801 AC I 0.791 AC I 0.803 AC I I �� I I I I IA.IY 19)2T I , 's4,���,//�%.%>��/.%��/�,/�%%�, �./.�/��.�. //./�z./�.//,//ldd.:!_ h _ «ADN ARE15.590 £F ED' LANDSCAPE NI{fER (BY DINERS) NOT A PART 3.953 AC R 1 ZONE (SINGLE FAMILY RESIDENCES) MENTIONAREA 34,51111 iF 24.871 AC 181329- 41401 C' S -OR 203,89 SF. R 1 ZONE (VACANT) !It NTN 6' TALL «AM A960 r TALL 16A5061T iWl N6939 4349192 PARKING DATA BUILDING AREA STANDARD SPACES ACCESSIBLE SPACES TOTAL PARKING RATIO 203,819 S.F 1035 SPACES 30 SPACES 1,065 SPACES 5.22/1,000 S.F NOTF5 1. ALL CALCULA110NS BASED ON TOTAL GROSS SQUARE FOOTAGE OF 2. BUILDING 3,44/81119 REQUIRED PARKING SPACES BY CGDE (4.0 SP/1,500 S.F.) PARKING 5NOYN CONT/INS 90' PARKING SPACES TYPICAL DIMENSIONS 12910 9.5' DEPTH: 19' TWO WAY AISLES: 25' SITE DATA LOT 1 OUTLOT 1 OUTLOT 2 OUTLOT 3 ROW DEDICATION TOTAL 24.87± AC. 0.80± AC 0.79± AC 0.80± AC. 0.46± AC. BUILDING DATA 27.72± AC. GROSS BUILDING AREA. 203,819 +/- S.F BUILDING SETBACKS RECD. 40' FRONT YARD 0' SIDE YARD 20' REAR YARD OUTPARCEL SETBACKS REDO. 40' FRONT 0' SIDE YARD 20' REAR YARD BUILDING HEIGHT, MAXIMUM BY CODE PROPOSED BUILDING BUILDING COVERAGE. MAXIMUM BY CODE PROPOSED BUDDING 50' 30'+/- 100% 19% +/- IMPERVIOUS SURFACE COVERAGE (BUILDING AREA + PAVED AREA) • 810.895 SF (75X) (MAXIMUM ALLOWED) - 841,945 SF (78X) LEGEND FOR PROPOSED IMPROVEMENTS 545 PROPOSED BUILDING PROPOSED CURB PROPOSED PARKING SPACES PROPOSED PARKING FIELD 20' LANDSCAPE DUFFER PROPOSED SICNA. COSTING SIGNAL NORTH 0 a CLC ASSOCIATES z 4 J L1 w (- 1-0 a U z 0 U 0 J m J JZ 0z Zi 0Q ZE a WQ 7 ZQ W> > 4 F a ID PROJECT O. 60•0233 SP El ENGLEWOOD AVE. AVE < < < < •SUMMITVIEW X TIETON DR. X m + MIDVALE RD. §§In 49 W. NOB HILL BLVD. PROJECT LOCATION VICINITY MAP NOT TO SCALE NORTH PARKING DATA BUILDING AREA STANDARD SPACES ACCESSIBLE SPACES TOTAL PARKING RATIO 203,819 S.F 1035 SPACES 30 SPACES 1,065 SPACES 5.22/1,000 S.F NOTF5 1. ALL CALCULA110NS BASED ON TOTAL GROSS SQUARE FOOTAGE OF 2. BUILDING 3,44/81119 REQUIRED PARKING SPACES BY CGDE (4.0 SP/1,500 S.F.) PARKING 5NOYN CONT/INS 90' PARKING SPACES TYPICAL DIMENSIONS 12910 9.5' DEPTH: 19' TWO WAY AISLES: 25' SITE DATA LOT 1 OUTLOT 1 OUTLOT 2 OUTLOT 3 ROW DEDICATION TOTAL 24.87± AC. 0.80± AC 0.79± AC 0.80± AC. 0.46± AC. BUILDING DATA 27.72± AC. GROSS BUILDING AREA. 203,819 +/- S.F BUILDING SETBACKS RECD. 40' FRONT YARD 0' SIDE YARD 20' REAR YARD OUTPARCEL SETBACKS REDO. 40' FRONT 0' SIDE YARD 20' REAR YARD BUILDING HEIGHT, MAXIMUM BY CODE PROPOSED BUILDING BUILDING COVERAGE. MAXIMUM BY CODE PROPOSED BUDDING 50' 30'+/- 100% 19% +/- IMPERVIOUS SURFACE COVERAGE (BUILDING AREA + PAVED AREA) • 810.895 SF (75X) (MAXIMUM ALLOWED) - 841,945 SF (78X) LEGEND FOR PROPOSED IMPROVEMENTS 545 PROPOSED BUILDING PROPOSED CURB PROPOSED PARKING SPACES PROPOSED PARKING FIELD 20' LANDSCAPE DUFFER PROPOSED SICNA. COSTING SIGNAL NORTH 0 a CLC ASSOCIATES z 4 J L1 w (- 1-0 a U z 0 U 0 J m J JZ 0z Zi 0Q ZE a WQ 7 ZQ W> > 4 F a ID PROJECT O. 60•0233 SP El OUTLOT 1 0.00* AC OUTLOT 2 0.79! AC 1Mtt' I 197.27 LOT1 24.07: AC 181329- 41401 1329- 414� 2± eoIAnARY C-5--e�- 2O819 SF. 1IIEWTO1 NFA Lt21 SIF. 1i SWOt WW1 E 12V. WM MO i TALL 80500, MU. ENGIEWOOO AVE S.MW1VE1P AVE ,,1 < .c < S 1ETON DR. f € e Y WDVALE RO. 4.04/1000 S.F. MINT W. NOB ILL BLVD. PROJECT 0001.111...4 LOCATION VICINITY MAP NOT TO SCALE PARKING BUILDING AREA STANDARD SPACES ACCESSIBLE SPACES TOTAL PARKING RATIO DATA 203,819 SF. 1033 SPACES 27 SPACES 1,060 SPACES 520/1,000 S.F. 4ZES .0 1 ALL CALCULATORS BASED ON TOTAL GROSS SQUARE FOOTAGE OF 2. BUILDING �. CCOE REOURED PARKING SPACES (4.0 SP/1.500 S.F) PARKING 0IOrIN CONTAINS 90' PARKING SPACES PIPICAL DIMENSIONS: Mp111: 9.5 DEPTH: 19' TARO WAY AISLES 20' SITE DATA LOT 1 OUTLOT 1 OUTLOT 2 OUTLOT 3 ROW DEDICATION TOTAL BUILDING DATA GROSS BUILDING AREA. BULDNG SETBACKS REOD. OUTPARCEL SETBACKS READ' BUILDING HEIGHT. MAXIMUM BY CODE 50' PROPOSED BUILDING 30'+/ - BUILDING COVERAGE. MAXIMUM BY CODE 100% PROPOSED BUILDING 19% +1- 24.17: AC. 080: AC. 029: AC. 080: AC. 0.48: AC. 27.72± AC. 203.819 +1- SF. 40' FRONT YARD 0' SIDE YARD 20' REAR YARD 40' FRONT 0' SIDE YARD 20' REAR YARD IMPERVIOUS SURFACE COVERAGE (BUILDING AREA + PAVED AREA/ - 815,554 SF. 178%) PARKRG GUIDELINES 00' STALLS 9.5' W01E OTT DOES MOT ALLOW 2 -NAY AR1E5 IF INE STALLS AM LESS THAN 90' 00' STALLS 9.7 WOE OW 0005 NOT ALLOW 2 -WAY AISES i 114E STALLS ALE IDS 5144* 90' 0i STALLS 9.5' — 4.04/1000 S.F. MINT LEGEND FOR PROPOSED IMPROVEMENTS PROPOSED BUILDING PROPOSED CURS PROPOSED PINNING SPACES PROPOSED PINNING FIELD 20' LANDSCAPE BUFFER PROPOSED 01054.4. EXISTING SIGNAL • 00 O ]O •0 WCAL.E. 1. w 804 141, - p.m 1Iu ■1 rn • I o WO Mr TAWA 10 A Aim ■ G. X11.1 IE il/f: 1r� moms hunger, r MHO I I� IN11111 .111011.. 1 Eta RO■■. HI Mm II LSI t �:■■: 1/,.m■r■■■l11 `G1 rel.• ��I ■II■FiPi791211■■■ ■ f1■■■■■.'11111: : �;■.■■u1Nh111h11 ■ mEZIr 1731137//411.../1" Plun■■■■■■■■■■ r otian_u Yu miff pfluI 641111 I;1N11 r EINEM• ONIONS ■a�,.E1£ a�zl■■ 1111..■■■ ■[iljEtE!illE Z -'1 0 Z m 11111 im r— �nupi umtamsgimp'poi no_Am 36TH AVE IF .11 S 64TH AVE !Him 1II W r " 4 f S 72 ltRIN X11111■ IIR•T!It111 • kg • III 'LIME i. 11. 111] • al. i• .. aim 44.4 • 1Ii...■Ii.■. ■11111111111 111111.111111111:111111IIR11M- i■,11■ KUM Mal Imo Jiu 4 .,: `' S 40TH AV 1111 ■fir iJh ■ ;111111■1i1111i- 11■11111111111lU \S ND AVE l) • 11 .■■■C MEI Mil 11 ■■■1■/■ ■■11 ■l 4 WEI a' • -• -1 !1� ND AVE ' r 1 z 0 2 A 5 33RD AVE MAN ■ 111111 IIIIIIIIIIIID 111!,,1!!1!111■111 - - ..Iu;:NEN Ir111 ■ �� i�'i -� 'i rums a: iii 020�':iii9 .111111■ a=1121Imu■ me wIlE Grl • Mei •J 0 2 a m Z 'THAVE 211.. limas ■•1 88RDAVE' „i' S 82ND AVE 11111111r1rt %4 1 rmlimilmobA:12 -1 iL L__ ■ iiiiiiir ,......m _1411 .i.■ f■n ■ •11.7111: 11:11471:1:1111111 uld ME ■. . ■1111/: • r_ Fc 1 47 - NO 0111111 . Ai �mViC:liaaalN■ 11 >,i:r:fir �� N. ui■ G• 11111 ■. y111 ��� ■■■■■■■■■ ■1r11■ O■ ,� �� r..6igin�17 .� ■lit■ i�r_ aE1:■/i111■ ■--• ■� ■ �� ; ,rlc:E!li7:�g: ■..I 4: gr*:R� ON MI ■■ IN TH AVE 1 ■ AVE ■Nies Ir III a�1111�' iii ■ ■■ N;. 011 i iNN■ R EMPI:ra IMO MN AM u 11-7171 ■■■■■■■■/■IN,r ■■■ 1.lir • Mies. VII ;/11■■■1114.• 1 PICKENS RD v ■■■■■■= 3� MI EA :i 1 S59Trl E S 53RD AVE r r 1111111111111111 1111111/ LL S50THAVE S49THAVE ; t t 1 z TH A — AV1I4)6141411 1111111 .• :9ill llr S 68TH AVE L 5 6TH AVE - PARSONS AVL VE- PARSONSAVL t: 1_1 65TH AVE 564TH AVE - 5 63RD AVE) S62NDAVj 131116 MI5 Ail HUM : 1 I_ (518T AVE I��91 H AJ_E 01 1 x1111/11 L 1H A✓E 111111111111■ 11E13ETE!! 1■uj 1 11 PARK TH AVE LEANN P S 54TH QY _ D in 5 53RD AVS n t js E 50TH AVE ■■111G■1rej • • 1 ::• w• 1r OW11 5 42N 1121111111111: :1 ■111111 I S38TLAV S 3/1HE 1l 111111111 Y w1111111111,•arantquoiri th 211 . 11 11 S 33RD AVE . ■ 1 Il � 1111� =1111.■ rm m 1 0 N ■ N. 11 11111■ S 35TH A 11111 1111111 1r t# `/ l� 11110311111 ■■111■11 111iGER!1 .II■11.11 illlllIIl��ln ■lam.. 11■..■ ti 4' I Ys14 111111 It/111111 NEN MNI 11112 Iiou A. .41 !Iua. rim nmi Gu. ■m I11 . 1 DR 11 r m as as 11 111111 11111 j X11 411111111 1111 1 1 i T o W 99 0 0 (D _r CD 'a•nen — ,7 '40.414,1a,amiard fir .F •Xl A z to 0 r s I m-wri P .4[ ,44 Lit .• S 881'H AVE • • • .: 111 .• 5 ; 7 i; z . 0 ; ' • O - z < ' m S 45TH AVE • .7; o._ • ite.r-„4, ... ! AD t,•• 1. r NI 1p • • si i in-, 06 £ 1 -r' , . 2,!, -_: ,...V N., • rkt,s, fri Ira • • I.T.' ,Ca irt 7;..iii 't; T.J.•.0'\--,',,. t'-`,4 * • 4 ' .. • : ' • E.,a.63eDka • • 4.- ,,,,t -e.t ,, ' • 1 1 , ' • I. ' kJ; ' • • .,.,, c) i., w.., .... • 1 d 1 1 ; ••• n . I X ' ).Cq ' • ▪ g.” '.1"; ' . • , .. .. . . 1 .482k v. E,,...3, 8.0N1:)AVE. ___> ' • , • t , 7!7c. "5 ;61'ST AVE_ ' 0 r 1 '',' ' , .1 , :47 '71;16.74,17.i Atsedar 7r " . #ip 1,.. Lk ' • saciit-rAvE F ,...), r . ; ...; i. 17811-1 AV4r .,...• • , s,,,_ , li • " )1 er ' min•le arr. M. , . ilt71.14r,' •••• ' At . •• .4 m 8 0 !c_ 4810, tiA 'i .; ..,1 i St5TH AVE I J I. i ''Cie!". 3 74TH AVE .1 .' :, r" RIO, : 'On , 41 1;10,,,! .r i • ' ( ' 7t 1 . #09 -1t -or i .• : 1,1 % 'II "i• -..r, .7 2t1ID AVEC" . • • -p. - ..*: Z • I _ . ,. rrit. •••• - .,,,..: 6 7.511i.AVE. ... 1 ' • p I.. 7,71 .:'S7.471,91thr ". • ,1r II 1 i .., . 1 1!"" - ',7, - A,:•1 !..,i, 1, l• i it F _•70•X tlfttrAtt;.- • r,-, of car . - -• › ._ t..,, •,.' 1 irs • (-6,' „,,:- - i 'Ar - r • • ; 0 .. -6. ) ,•,•• ,,, p ,..,.. itAufityryvEsfia: , • g. ,.,,LT Itr. _. L.... .. ,, • , , • .1; a 1111 19' S 718(1- AVE ch.- ''' .1•tr 4 • k„ C iti ir ,i_ . k i ti .1; , - 0. 41. ...,, .• Oil P. 1, iii 0, •• tt . r i_.•,, E, r 9.. tb•!- •' i...4 -..' • " x) .1 * 0 . fai. 07 i.• ', ' W:, WI' j" rn" '• -'' ' I. T : 17 0 • ,.k r. ...,Xj* C7 • 1.0-t 1, , .., I 41 '<-: . 7 IP ' s ' r• , . -,` 5 69TH AVE 16; S 89TH AvE . ..-1 c.), , tr".0 1 S 60T11 i AVE 11 S 68TH AVE ' 0 3 '.7.+ 0' 14AVE ' ' i,s4 .... .... , . f Vulva.' - • PM' : • • ORIVATE•GO.,-, J. 111 • ' 0., • 'e - S.713THAVE 9 ,,- IL jig,' R AV i t 4 a ,L1. - e"' ' S 71'1H AVE , 5 7644)21 ' .:11111rj...C1113: ri.S11::A7141J-i-Z*E1.1::PLIvE::' -1:-:.,'tS•ii ..., ,• . • •41 38‘1,H _ _ ,,, ...• ...m. , Lip :714 , ' 4 • ' , . ; ...... . • ...,' r1' SILItZvE.: 6 • , 41 .0 ILIS' 69THA 3 Tif V POD .11- • . al At et •• 68TH.AVE • - 1. • , • IV, '• I. • . • • • .14 I ..1] ' fa' ts, r • 3 68114 Ave ,P ".• I • • JI- • . • • . ll•••••• • 1 L••••• ••• • • PARiONE, AVr - . . I - • • •• 6STI-CAVE- • • ..s_54-ricAtio " E , • • ' ..• • r - ,i6;;r5074Vt• - , ---• ...row. - . ._ . .. , - • 4 , , .s L'.2NIDAV•it _, „„,,,, r• - is IL ... - .1'; 8 6tST 7-,VEll ' ' •. " . , f - t , ' • •-• . 1 r . I `11 • ' • ••6kTHAVI . . •' allefit"..IE VA! g.'"'' ...s - 7. -.7.... - , ... •,-, -! • - • - - z-: r ' 'sansTai kii C" '1Z • 4 < m 11•7111• 1111 • 0• ' • Tr. ita44A4. ,t, .c - 8;575 -F1 -AVE '" • •• - • r"1 sly •, P,F4V lEANKTPt, g, S•56•1•1-t'AVE c • - • • . _1! tE 'L2 . -0111161, Ir, • , , , 1 mi.„ , i_._,.. • s • . ' s 53116 Ali? *‘• -1-,S 53Rg AVE 1 , • '07'", i 114 • '-o• ' -- it ". • • -It - It sn`'`• • I. . : ' " 1 1•7", , s .• n...... , - -.0, --I.'' ' .t 4 4 I ;-,-1 Pila ..KF • • I • S 5:1 STAV _ , , 7''.1 .-E157.-AVE..' .': ,. ,, • I I '•koll(1 Act ' -•' ' .• ' A!A00' . ' ' 'I PirIta. .111••... 'if: , . A • . . :' I j 1,1 ,,.. ' . c ords, : ‘• 4.- .., ,• ..,, • • l'. -I ,'SSOTh AVE 1_ z'. 50TH AA maim , I 1,S•49VHAVE f--; • ;., ,, .., , • d- • .10 1, .1._ t •••••,' .. s . . a' •• osw . --.' 1 ... 4 -• r ,• . , • „„ ),. _ • • 11 ••• •••• A Atiilp e -,• :4* ',•- ', .Ir°.e ' i dil• li:At0'-'': :Cr, ill - a -* '.''c1 tl-%c • 1v- . .• n . r ,.. .., .osr ' .' „I." .1‘.., , _ , , - lk k . . • - `ip •. /* t _I , • t143.it.teilf r VI; 2 4" '' 1 VT 1 f..,` ill 11...••• ' — • • , ..... .al - • ...• .1 0." 4. ,,,,. ' ,,' , ...i. t,.. a 0.10. 00: t.: ;1 ,,a: , ::: ': ' / .t:— ..if . .......,,p 4346IfivE.„... ; 8 43R8, AVE ,...• 0 k ,ft: ! ' i • ' ' . ti , , ,„.;.,..... Ail, „ 4, .-f . l'• 1"-.' • , i.. !,.4.......D7AVE • '4111,17." - 5 :. El •' • - •. ' .1 s 42ND01VErl•111 z;• " 'as' ',,--,,, I ° ,sr• . = 4- r - ' ,1 r. I ' '. 4 ' ' 4, t• • IG0,.. ." ••• A: )1..12 FA rra 's4Isitp,,Vt f ,, 1 . ,, . . .1: OTH 11 /...._# 4. .C./ *.vt. ri '4 - - • • , 4' . .. ,4 • ' - ..1 • .1 4. °' • 1 ,,• ., . 1 - I ,:....,, A... , • 1 ' ' t, 4 !'''''t -i "' , ..,..... cREEKSIDE LN .1 • iZ . • .. " ,ACKERNIAN AVE ''. • 4. '' • 'wl 1 ". ..." '1' • '4 •••fed4 N.. .0'• . • I; ' , .• 3.38TR AVE •• , I k..4.* .0411'..., • goo" 1 ChEEVigIDE LP 041.0 1-P'!" C.1:-.). : 4.' ' ' • ' 1 ' 10, • ) ) ,. M %IAA" r X 5. . I I (1' ,w• 1‘,...""L •., . ' r eiet••••• , •.• 4ffer-irse 1 . 1 !'s - 1' • 0-1-- i &are' ,,:4. • wi • 4 .,- • IP 1 • All C) t lj ' ' r '" 1: ; • i :2 1411 ;" • - • 1 di • v -... ii S 316T ill AV E- ' .4.4 6 ... ..71t] 11,4 I Z '1E. 36‘11 41, E. ..... -r , • ''' 71,.. ., ' 0 , , .. , .., . .. , ..... • I 10,1 a 11, • ,,P•f• ' • • iitir 17 -if • t•ii". et g •e,,,:z, , <,.. ,...,, ..L.,: - 4.,1..,s. 1, g, , -1.-, et '- • ! J VL km mill tt:errtAIE .4'1 F. 1 ' _ 2, or • r ..•___401 , 0 • 4"nkrel%te ••• SC.,• r ' •••• _ • 4V,k • • • pj".• k • 'k m. .•ci17. 4 11/•--A,.• 11 " ,...ar-r. ,, ' ' t.P,7 el . I- II .i k,1 I?, .9:,17:: t,T,......."9„, • , ' " 1 ., • " ... .T' )ti••_-- voti-;4' t r -to. ' t ? 4 ' .1 i ' ' • 1."tf:7-- 1...„4;60.1 k' ,- .' , 4 . , ....>• I k I Pir. ' `-1- 9 1,!,?..2.!,... "1" , Pa- • -, , s.• in . , 1TI ........1111 jay, 46 , 6.n. .... , ..a. 8 8 fiAVE, , 4 ....,_it. • .11 -r 4 , , '.11112. 1111...; , - • ,, ,,isttiv.r .'rye,' ,THAvE . -:::-!CmAR-1.77:1.1:''''.1 .7 ..., - , • , • . „. ... , . •,, l,. ' • .. • , . Avg a , --1111'4' ' ! - • 1,i . ,,,i,r i.:. vl, ,....,4 ,:..__ ••,. ,;r-ti,,4 • il;!!r - -3.. A.,..:11 7 a: 4 :: ' 'l' Iirl•:::.1;911r1;::114471. 11:: ": •.1'71 It: ..l: 't•' l' ''''' I St: • • 1•SgtrAvE 71 . " - ', . ' 0.5-*trAig 1- '''-' I -.. „, " de • ' .T '• ..,.' ...... - l., es . 7,,,,* 11:1- 2.- 1 t . A ' • I: ,--• . ' .:1 4. ' 7- 't 1.11f l'11.-‘ ig '152141)AVE ... 6 a2ND'AVE . - "i•" - l'•:,,...‘ ! . ... a ii• r ,,- - '• .1 I - 1 _ 1 '''.1•J!`i. i !J.'. id ,..i.ii-r•i;t-31•.:E.' 1 1 1 r- 3 CML DIVISION Helen A Harvey Sofia D. Mabee Jeffrey R. Cutter Phone: (509) 575-6030 CITY OF YAKIMA - LEGAL DEPARTMENT 200 S. 3rd St, Yakima, WA 98901-2830 Raymond L Paolella, City Attomey FAX. (509) 575-6160 CRIMINAL DIVISION Cynthia Martinez Bronson Faul Lacy W. Heinz Keith E. Hilde Jon L. Seitz Phone: (509) 575-6033 TO FROM. DATE. MEMORANDUM Honorable Mayor Edler; City Council Members Jeff Cutter, Sr Assistant City Attorney April 19, 2007 SUBJECT. Proposed Wal-Mart Development Agreement Included with this Memorandum is the proposed Wal-Mart Development Agreement, together with the attachments specifically referenced within the document. This Memorandum is intended to provide a brief description of the nature of the public hearing you will be conducting on May 1, 2007, and some considerations for you to keep in mind pending the actual hearing The proposed Development Agreement is being provided to you and the public in advance of the actual hearing date so that you will have the opportunity to individually review and familiarize yourselves with its contents. The same document will be available to the public for review on Monday, April 23 There is a very good possibility that you may be approached or contacted in some way by members of the public or media during the next ten days requesting your position or thoughts on the contents of the Agreement. Insofar as you will again be serving in a quasi-judicial role during your consideration of this document at the public hearing, it would be inappropriate for you to have discussions regarding your views of what is being proposed in the Agreement with the public, the media, or even with each other. As you no doubt recall from your prior experiences with this quasi-judicial role, in a sense you will be the judges that will decide whether or not to accept the provision of the Agreement at the end of the public hearing. As like any judge, your consideration must be kept "untainted" by any perceptions or evidence that you may be exposed to prior to the actual "trial" of the Agreement. This practice will assure the fairest and best reasoned consideration of what will be presented by the parties and the public during the public process The Development Agreement you have for consideration incorporates the terms of the modifications to the site plan that were considered by Mr. Cuilliar on April 12, during a public hearing consideration of those proposed modifications I have included them in the document on the basis that there was virtually no opposition to the modification proposals during the hearing and it is fully anticipated that the hearing examiner will provide a recommendation as to each of the modifications in an opinion we expect to FOR COUNCIL INFO ONLY C ____"/CC/___ ES DATE 7y' CML DMSION Helen A. Harvey Sofia D. Mabee Jeffrey R. Cutter Phone: (509) 575-6030 CITY OF YAKIMA - LEGAL DEPARTMENT 200 S. 3rd St., Yakima, WA 98901-2830 Raymond L Pao!elle, City Attomey FAX: (509) 575-6160 CRIMINAL DMSION Cynthia Martinez Bronson Faul Lacy W. Heinz Keith E. Hide Jon L. Seitz Phone: (509) 575-6033 TO: FROM: DATE: SUBJECT: MEMORANDUM Honorable Mayor Edler and City Council Members Jeff Cutter, Sr. Assistant City Attorney April 24, 2007 Negotiation Conference Participation In light of some of the recent commentary from Jamie Carmody regarding his view of the negotiation process that has culminated in the Wal-Mart Development Agreement included in this packet for your consideration, I felt it was important for you to have a complete understanding of the process that was followed during the negotiations, as well as an idea of the participation of the parties during those negotiations. As was explained at the outset of the negotiation process, I was directed to conduct all negotiations in the utmost openness and transparency, with all parties subject to the Wal-Mart LUPA appeal invited to participate in all phases of the negotiations. I followed that directive explicitly throughout the entire negotiation process. Every meeting of the parties for the purpose of negotiating the provisions of the development agreement, including the mitigations that were subject to the LUPA appeal, was advertised to the attorneys of record for all of the parties to the appeal. Those attorneys included Jack McCullough, Chuck Maduell and Jessica Clauson on behalf of Wal-Mart, Mike Shinn on behalf of Congdon Development, Jamie Carmody on behalf of the Concerned Citizens of Yakima, and myself on behalf of the City. Insofar as the negotiations were held via video conferencing and Terry Danysh's firm offered the use of their equipment to carry out the Seattle side of the conferencing, Terry was present during the negotiations as well, and stood in for me during one week when a family issue caused me to be absent. My notes indicate that the parties held a total of ten negotiation conferences since January of 2007 in order to reach the result set forth in the Development Agreement that is before you. All party attorneys were personally invited to participate in each of those conferences. During each negotiation session, each of the parties, with the exception of CCY, were represented either personally by the above-named attorneys, or by an associate they sent in their place. Mr. Carmody, on behalf of CCY, was in attendance at only one conference, and no other person attended in his absence. All of the participants in attendance took an active role throughout the negotiation process Conduct of Wal-Mart Public Hearing: 1. Introduction by Mayor re: Time for Comment/Content of Comment 2. Request for Identification of Ex -Parte Council Contacts 3. City Staff - Outline of Negotiation Process — Comments on Develop. Agree. (specified time limit) 1. Lighting Plan 2. Public Pathway 3. Nob Hill Blvd. Development 4. Wal-Mart Legal Council (specified time limit) 5. Congdon Legal Council (specified time limit) 6. Opponent (CCY) Legal Council (specified time limit) 7. Public Comment (specified time limit) 8. Close Public Hearing 9. Council Deliberation — Questions to Staff 10. Vote RECEIVED CITY OF YAKIMA APR 3 0 2007 oFFlCF QF CJTY CDllNCII l/.e/L (9E, d /774 ,e/1-27//4- C 17121 C_ U /1/e ; Z /Y% Zr22/:/lf%y ye GL G � X71) d y ,� K Sd 47, / n/c/ 1 S UprG 27' 71-2- DI/ F w GC/f Gf//// /g..% e= -r. d 4' E57` "yQ,e77,¢ GO Z 6 /1/FF-/ .4/lio 71/7/- fe 7,7i,.G — /.eQf /t dam//14/So (?� CQ/UvF-' rA/7` o UlS GCiG/6/�G O� 71/2 e'(/•_‘:'S� G(//CL L - ~ 2 %` G(/ ` 4/ I' 6 /f/6 G 7`S C 4'ySI- 711-4/cr ..51].-2/;r4/./ 7-0 7 1-1- /./V -t/ hz-/z / /,t's74 Y2 2z / f GC./ d i ld ,Z , 5 //W.,/ le-'hZ. C✓i 7Z -fl C(JA / - /11,121 /fit/al e,e5 //I/UlrLU�,-1 4- 2_6 fo 5. 3 S'/`> X1l' 2>,Q�iiyiti r OVER CJY :".'.:,';,iC,'IL. (‘: e_z,) ••, 5-- 5-0 60? Mr Elmer Pettus 9601 Meadowbrook Rd. Yakima WA 98903 WWW HRW.OR6 aevi4i H 9 vvi'rte 111/ A 1— 5' 4/'5T rt , RE-C-EIVED CITY -05,Y,A, KIMA MAY/ 1 2007 _ OFFICE OF CITY COUNCIL P ?so (2 ire% 14.4; 'WWW.6 6AL.elitte Post -it® Fax Note 7671 Dates -1/ p*ta(gfes Z' / To rF ow ("fii,ae Co.iept. Co. Phone # Ph,1:31e-tb , 6.__ 75 6 el,* FaxoVe) 6 g -L2, 33 giu, STERLING HEALTH PLANS Real People Wise Choices _j iz-4/4,4-ta-4,,d- 6-4 /0 -4i2 - GPS alt,_ /1,*- 12z44 -el z)4`1; w lk 0.446/2 "4-4 � 9 INT151 06 1-888-858-8572 April 28, 2007 TO: Yakima City Council SUBJECT: West Yakima Wal-Mart Supercenter RECEIVED CITY OF YAKIMA APR 3 0 2007 OFFICE OF CITY COUNCIL Regarding the May ls` public hearing, please do everything that you can to settle this matter at that time. Let's move ahead with no further delays and especially no further court action. Let's allow the free enterprise system that has sustained our country (and county) for so long to work as it should. Thank you. Al ,anj Shirley Swallow cc Wal-Mart, Yakima ALBERT Q SWALLOW JR SHIRLEY SWALLOW 251 WHfTE RD YAKIMA, WA 98901 Yakima City Council 129 North Second Street Yakima, WA 98901 Subject : WAL-MART Your Honors: My realestate brokerage career started in 1955 and ended in 1980. 1717 South 10th Avenue Yakima, WA 98902-5805 April 27,2007 RECEIVED CITY OF YAKIMA APR 3 0 2007 OFFICE OF CITY COUNCIL In 1955 average home building lots were $1,500.00 , very expensive lots were $3,000.00 to $4,000.00 including streets, sewer, water. You know the prices of home building lots today. A number of factors have contributed to the increase in prices; the major factor is the transfer of property rights from owners to government . Because there are so many government requirements many projects are never developed. You and I are the losers. My opinion is that people with no money involved in the property should have little or no input about the project. People using their money and expertise have already examined all the factors to determine if the project will supply peoples needs. I urge you to cut through all this bureaucracy and let WAL-MART complete their project before they give up and go elsewhere. I have no interest in this project except that I am alarmed with a government that costs so much and uses tax dollars to gain more control . ,_,e-t)-d'42e--s z' Gene Gandy SR. Copy: )41A4- ._/,fA yA}<P A F —rrlci Ls] To: Ls.] Cc: Subject: April 28 2007 1(16%, 1 v• 1 RECEIVED CITY CnF YAKIMA APR 3 0 2007 OFFICE OF CITY COUNCIL Dear City Council, Am writing in behalf of Wal-Mart Supercenter, wanting to let you know that we are in full support of it going through and are in agreement with your finial agrrement.. Can't wait till it gets here !!! Thank You City Council for allowing us to be able to enjoy a Wal-Mart Supercenter on the Westside.. We rally need it out here.. James and Leona Baughman 8301 Tieton Dr. # 40 Yakima WA.98908 4/28/2007 Shane B. Smith, DDS, MS 305 N. 70t Ave. Yakima, WA 98908 509-972-0901 RE: Wal-Mart Development Agreement I find it somewhat ironic that we find ourselves once again having to defend ourselves from backdoor deals conducted by the City of Yakima with Congdon Orchards and Wal-Mart. Why is this ironic? We have spent the last five years repeatedly attempting to introduce the concept of open meetings and fairness to this City. We even have amended ordinances reflecting the City's acknowledgement that the very foundation for the amended comprehensive plan was invalid. District court and the appeals court have affirmed that, while the rules were obviously violated, they just plain don't matter. In other words, the courts have written new case law allowing cities to simply ignore their own rules in order to favor a large developer. What does this mean? It signifies that we have wasted the last five years in a fruitless effort to demand an open and fair process in the City. While we have accomplished the goal of codifying state law in our municipal code, we have now been told that it means nothing. The law is clear. However, so long as we have an unelected City Manager who rules as a king, we are at the mercy of the staff and the courts have neither the courage, nor the knowledge necessary to either understand or enforce land use laws. The development agreement proposed by the city staff and Wal-Mart seems, at first glance to be fairly benign. However, as I read carefully, I was shocked to see that the staff have now negotiated away most of the City Council's requirements. I would like to address some of these problems. In Section 3.10.1 of the agreement, the "parties" agree that the lighting was designed for a site on 72nd and that those rules should not apply to the new site. How, exactly, does Wal-Mart's failure to study the site at 64th and Nob Hill in the FEIS now justify reducing the standards set by the City Council? We repeatedly pointed out that this site was not studied and they were simply taking the conditions at the 72nd site and "leapfrogging" to the 64th and Nob Hill site. Now, Wal-Mart and the city's staff try to use this as justification to ignore the standard. However, in Section 3.10.3, the agreement states that the director of Community and Economic Development, if he and the police department (who in the police department is not specified) decide it is necessary, for whatever reason, they can reduce the lighting to the same standard as the Meadowbrook Mall complex. Who here, believes, under ANY circumstances, that the director of Community and Economic Development would reduce the lighting standard in opposition to Wal -Mart's desires. Has there been one single shred of evidence that this could happen, given the history of these individuals over the last five years? Wal-Mart has argued both sides of the leapfrogging issue. Don't allow the staff and Wal-Mart to use the lack of study as an excuse to ignore the City Council's directive. Next, Section 3.16.1 of the agreement. In this section, the City acknowledges that Wal-Mart will contribute to the improvement of Nob Hill Boulevard and 64th make best efforts to complete their portion of the street improvements prior to the opening of the store. How generous of Wal-Mart. Wal -Mart's portion of the improvements only include the Westbound lane. Apparently, cars will drive TO Wal-Mart but not AWAY from Wal-Mart. Also, apparently, Wal-Mart and Congdon are not subject to the same requirements that every other developer in the city has to live by. These requirements are codified in Title XII. Not only is Wal-Mart only required to make an effort to finish the improvements to the streets, but the money that they have to contribute to the project is to be contained in an account, and if the City fails to obtain the funding to complete the improvements to the roads, then we have to refund the money to Wal-Mart with INTEREST. Now, I may not be the smartest person in the world, but, in a very careful review of the City's traffic budget, I can find absolutely no plan for paying for these improvements. There is not one shred of funding available in the budget to take care of these plans. In Section 3.16.1.a.ii, we read that the City will provide a contract requiring subsequent developers to reimburse Wal-Mart a portion of the costs for the improvements in front of their properties. No formula is provided for how much these developers will have to pay. This begs another question. If the City has to pay for the majority of the improvements to the streets, sidewalks, sewers, drainage, etc along these roads, then why do the developers have to pay Wal-Mart? Apparently, we must be certain that poor Wal-Mart will not have to pay for the development of this property that will fill these streets with huge increases in traffic. However, the taxpaying citizens of Yakima will receive not one dime in compensation for the development of these streets. If Wal-Mart demands market value cost assessments of the City and subsequent developers, they will actually make a profit from the City's improvements of the traffic corridors of this area!! Making the leap back into fantasyland, we continue to Section 3.16.2. In this section, we read that Wal-Mart will participate with the City in the purchase of right-of-way and intersection improvements. No set formula is put forth to detail what this word means. Certainly, we should not be foolish enough to presume that Wal-Mart should actually be required to pay for these purchases. After all, according to everything that I have read in this agreement, it appears that the staff believes that we should simply be grateful to Wal-Mart for coming here. As a token of this gratitude, we will pay for everything, apparently. Topping off this fiasco, the City reserves its right to modify the conditions set forth in the Developers Agreement under the circumstances of "...a serious threat to public health or safety." Of course, if we follow the precedent put forth by our City staff, either Wal-Mart or Congdon will be the final determinants of whether public health or safety is threatened. In conclusion, I would like to point out one more significant flaw in this Agreement. For the entire 10 year period of the Wal-Mart Development Agreement, we will have conflicting agreements. One is between the City and Congdon, and the other with Wal-Mart and the City. Try reading the two agreements. You don't have to be a genius to see that, if, say for example, Home Depot were to set up shop in West Valley in this same area, they could and would argue in court that the CITY has to pay for their portion of road improvement obligations, sewer improvements and rights-of- way purchases, since, in accordance with the Congdon Developer Agreement, we, the people of the City of Yakima are obligated to foot the bill for this. I am simply disgusted that the City staff are satisfied that it really doesn't matter whether these documents are contradictory. Apparently, we the people will also be responsible for paying for those of limited and questionable abilities to fight the legal battles that will ensue. Of course, if history is any predictor of the future, they don't care. If there are two conflicting laws, they will simply choose the one that best fits what they want at the time. After all, paying for the resulting legal battles is no skin off their nose. I know from reading a staff Powerpoint presentation regarding the budget for 2007, that we are broke. We can't afford to hire new people to replace those who are leaving or retiring. We have to combine job descriptions for key individuals. We cannot meet our obligations. However, we apparently can still pay for the development of property of the largest landowner in Yakima and the largest corporation in the world. The choice, lady and gentlemen, is yours. You can continue along the same path as your predecessors. You have already, as a body, and with the exception of two courageous councilmen, repeated and reinforced the vast mistakes of your predecessors. In your campaigns, you each criticized the actions of the former City Council in allowing the staff to dictate judicial and legislative actions. My question would be to you, "What, exactly have you done that shows that you have done anything different?" This is your final chance to prove that you are in charge, NOT the staff. Please, make the right choice and require ALL of the conditions of your original directive to the staff to stand. This agreement will result in millions of dollars of legal and private liabilities that we cannot afford. Sincerely, ilv Shane B. Smith, DDS, MS ATTACHMENT "A" Parcel A and B (Parent No. 181329-13405, Child No. 181329-13406) Lots 11 and 12, YAKIMA VALLEY ORCHARD TRACTS, according to the Plat thereof recorded in Book "A" of Plats, Page 75, records of Yakima County, Washington. Except that portion thereof lying within the following described parcel: Beginning at the Southwest corner of the Northwest Quaker of Section 29, Township 13 North, Range 18 east, W.M; Thence North 00°01'35" East along the West line of said Northeast quarter of said Section 29, a distance of 698.00 feet; Thence South 88°45'00" East 700.85 feet; Thence South 00°01'35" West 695.55 feet to the South line of said Northeast quarter; Thence North 88°57'00" West 700.80 feet to the Point of Beginning. And Except right of ways along the South, East, and West sides thereof. Situate in Yakima County, Washington. Parcel C (Parent No. 181329-13405, Child No. 181329-14401) Lot 10, YAKIMA VALLEY ORCHARD TRACTS, according to the Plat thereof recorded in Book "A" of Plats, Page 75, records of Yakima County, Washington. Except right of ways along the South side thereof. Situate in Yakima County, Washington. Parcel D (Parent No. 181329-13405, Child No. 181329-14400) Lot 9, YAKIMA VALLEY ORCHARD TRACTS, according to the Plat thereof recorded in Book "A" of Plats, Page 75, records of Yakima County, Washington. Except right of ways along the South and East sides thereof. Situate in Yakima County, Washington. Parcel E (Parent No. 181328-23400, Child No. 181328-23404) Lot 8, YAKIMA VALLEY ORCHARD TRACTS, according to the Plat thereof recorded in Book "A" of Plats, Page 75, records of Yakima County, Washington. Except right of ways along the South side thereof. Situate in Yakima County, Washington. Parcel F (Parent No. 181328-23400, Child No. 181328-23403) Lot 7, YAKIMA VALLEY ORCHARD TRACTS, according to the Plat thereof recorded in Book "A" of Plats, Page 75, records of Yakima County, Washington. Except right of ways along the South side thereof. Situate in Yakima County, Washington. SEA 1996464v1 0031150-000132 4 19 07 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 KIM M i.,,., CONFIRMATION COPY I ro. w f'4 1 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR THE COUNTY OF YAKIMA WAL-MART STORES, INC. and ) CLC ASSOCIATES, ) No. 06-2-03586-0 Petitioners, ) ) STIPULA I'ED ORDER OF v. ) DISMISSAL CITY OF YAKIMA, ) ) Clerk's Action Required Respondent, ) ) and ) ) CONGDON DEVELOPMENT COMPANY, ) L.L.C. and CONCERNED CITIZENS OF ) YAKIMA, ) ) Additional Parties. ) ) I. STIPULATION The parties, by and through their attorneys of record, do hereby stipulate, pursuant to Civil Rule 41(a), to an order dismissing this action with prejudice and without an award of costs to any party. STIPULATED ORDER OF DISMISSAL- 1 SEA 2037530v1 0031150-000132 Seattle Davis Wright Tremaine LLP LAW OFFICES 2600 Century Square • 1501 Fourth Avenue Seattle, Washington 98101-1688 (206) 622-3150 Fax: (206) 628-7699 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 DATED this d/,4 day of August, 2007. DAVIS WRIGHT TREMAINE LLP Attorneys for Petitioners Wal-Mart Stores, Inc. . ' d CLC Asso iates Inc. By ;Wes E. Maduell, WSBA #15491 Thomas A. Goeltz, WSBA #5157 CITY OF YAKIMA Respondent By �'GVv' 9�� `JNaw/ y R. Cutter, S A #22 04� Senior Assistant City Attorney By By STIPULATED ORDER OF DISMISSAL- 2 VELIKANJE, MOORE & SHORE, P.S. Attorneys for Additional Party Concerned Citizens of Yakima JTraik eg/4,11A_ ames C. Carmody, #5205e,11,<-7 HALVERSON APPLEGATE P.S., Attorneys for Additional Party Congdon Development Company, L.L.C. eeiet.ti ichael F. Shinn, WSBA #14679 etit yw / aifr$ 4 Davis Wright Tremaine LLP SEA 2037530v1 0031150-000132 LAW OFFICES Seattle 2600 Century Square 1501 Fourth Avenue Seattle, Washington 91101-1688 (206) 622-3150 Fax: (206) 628-7699 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 II. ORDER Based upon the foregoing stipulation the parties, the Court does hereby ORDER that this action is dismissed with prejudice and without an award of costs to any party. DONE IN OPEN COURT this day of Presented by: 2007. j1.1DGE/COURT COMMISSIONER Davis Wright Tremaine LLP Attorneys for • al -Mart Stores, Inc. and CLC Associates By es E. Maduell, WSBA 15491 Thomas A. Goeltz, WSBA #5157 Approved as to Form; Notice of Presentation Waived: CITY OF YAKIMA Respondent By �(G 0,v,�O Ji�- ''6 e, ' 'Tatter, WSBA #212904 Senior Assistant City Attorney VELIKANJE, MOORE & SHORE, P.S. Attorneys for Additional Party Concerned Citizens of Yakima By �--• �s7J�' J� s C. Carmody, WS A # 205 STIPULATED ORDER OF DISMISSAL- 3 SEA 2037530v1 0031150-000132 Seattle Davis Wright Tremaine LLP LAW OFFICES 2600 Century Square • 1601 Faun]) Avenue Seattle, Washington 96101.1686 (206) 622-3150 • Fax: (206) 62B-7699 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 HALVERSON APPLEGATE P.S. Attorneys for Additional Party Congdon Development Company, L.L.C. By „ ,,,,.,-{e,„4 4., Michael F. Shinn, WSBA #14 9 STIPULATED ORDER OF DISMISSAL- 4 SEA 2037530v1 0031150-000132 Seattle Davis Wright Tremaine LLP LAW OFFICES 2600 Century Square 1501 Fourth Avenue Seattle, Washington 98101-1688 (206) 622-3150 • Fax: (206) 628-7699