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USE PERMIT
CITY OF EDMONDS ZONE
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t= BE DONE ON PRIVATE PROPERTY ONLY. ANY CONSTRUCTION ON THE PUBLIC
DOMAIN (CURBS, SIDEWALKS, DRIVEWAYS. MARQUEES, ETC.) WILL REQUIRE Grading
SEPARATE PERMISSION.
It Engr. Review
or PERMIT APPUCATION: 180 DAYS
n. PERMIT LIMIT., I YEAR - PROVIDED WORK IS STARTED WITHIN 180 DAYS Engr. Inspection
SEE BACK OF PINK PERMIT FOR MORE INFORMATION SO
'APPLICANT, ON BEHALF OF HIS OR HER SPOUSE, HEIRS, ASSIGNS AND SUCCESORS Fire Review Plan Chk. Deposit
IN INTERESV, AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE CITY OF
M EDMONDS, WASHINGTON. ITS OFFICIALS. EMPLOYEES, AND AGENTS FROM ANY AND
Cc Fire Inspection f5o 2
ALL CLAIMS FOR DAMAGES OF WHATEVER NATURE, ARISING DIRECTLY OR INDIRECTLY Receipt #
FROM THE ISSUANCE OF THIS PERMIT ISSUANCE OF THIS PERM11 SHALL NOT BE
93 Landscapelnsp.
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0 NOR LIMIT IN ANY WAY THE CITYS ABILITY TO ENFORCE ANY ORDINANCE PROVISION." Total Amt
21 Recording Fee Receipt #
I HEREBY ACKNOWLEDGE THAT I HAVE READ THIS APPLICATION THAT THE INFORMATION I
APPLICATION APPFT(WAL
GIVEN IS CORRECT; AND THAT I AM THE OWNER, OR THE DULY AUTHORIZED AGENT OF
THE OWNER. I AGREE TO COMPLY WITH CITY AND STATE LAWS REGULATING CONSTRUC- This application is not a permit until signed by the
TION; AND IN DOING THE WORK AUTHORIZED THEREBY, NO PERSON WILL BE EMPLOYED CALL Building Official or his/her Deputy; and Fees are paid, and
IN VIOLATION OF THE LABOR CODE OF THE STATE OF WASHINGTON RELATING TO FOR INSPECTION receipt is acknowledged in space provided,
WORK��N`q,,C?VlIkNSATION INSURANCE AND RCW 18.27.
'I I OFFICIALS SIGNATURE DATE
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DATE SIGNED
(425)
771-0220
R�E�LFS�6BY DATE.
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PROJECT INFORMATION: /
SITE PLAN 320 5TH Ave. S 1141al— 4j��, 04f 44VIAt44ollld eoO= 10,00ree,?4--
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LEGAL DESCRIPTION GENERAL NOTES: OCCUPANCY CONSTRUCTION TYPE:
THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHEAST
QUARTER OF SECTION 23, TOWNSHIP 27 NORTH, RANGE 3 EASTW.Ni,
IN: SNOHONIISIJ COUNTY, WASHINGTON. DESCRIBED AS FOLLOWS DEFERRED SUBMITTALS: CLASSIFICATION SECTION 309 -MERCANTILE 1-ITE VB 1;'/ AUTOMATIC SPRINKLER SYS7VI(SUALL AfEETNFPA-13)
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EDMONDS, WASHINGTON, WHICH IS 410,9 FEET NORTH AND 30 FELT SPRINKLER SYSTEM -FIRE ALARM -ELECTRICAL NtERCAN`I1LE AfEEVNEWIS71RIOR SPACE PLAX
WEST OF THE SOUTHEAST CORNER OF SAID SUBDIVISION: -PLUMBING -HVACMECHANICAL - TENANT GRADE LEVEL FLOOR AREA 30 GROSS
THENCE WEST FOR 122 71 FEM, IMPROVENIEN"IS PEnIIT - SION STORAGE, SHIPPING 30U GROSS STRUCTURAL DESIGN:
THENCE NORTH FOR 50 FEET. STRUCTURAL ENGINEER'AFTER DENIO INSPECTION'
THENCE EAST FOR 122.71 FEET; REPORT SUBMITTED To BUILDING DEPARTMENT ARISTA WINE CELLARS - 1,477 SQ FT. - 30 - 49
THENCE SOUTH FOR 60 FEET TO THE POINTOF BEGINING STORACIF AREA - 600 SO FT - 300 - 2 STRUCTURAL DESIGN ASSOCIATES
OWN STRUCTURAL: TOTAL ARISTA 51 NORTH STAR BUILDING
SITUATE INTHE COUNTY OF SNOHOMISH. STATE OF WASH'N c'est Is Vie 1,621 SQ FT. - 30 - 54 2210 HEWITT AVE SUITE 401
ADDRESS: STORAGE 343 SOFT - 300 - I EVERETT, WASHINGTON98201
NOTES SEE SHEETS1.0 425.3390293 1
320 SIN AVENUE SOUT H DETAILS SEE SHEET S2 0 ToTAL c'est Is Vie 55 NC:
PRINCIPA ig 1�
EDMONDS, WASHINGTON V8020 CHRISCOVINOTON. BY
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CODES: BUILDING COhl?,ION AREA 355 SQ IT. - 3UO - I LEONKAO, PROJECT ENOINE"
OWNER: TOTAL BUILDING OCCUPANCY 101, DESIGN:
ARBO, I.I.C. INTERNATIONAL BUILDING CODE 2003
18431 HIGH STREET TOTAL BUILDING AREA OCCUPIED 4.432 SQ FT
EDMONDS, WASHINGTON 98020 INTERNATIONALMECHANICALCODF (2003) EXTERIORENTRY 56SQ FT LOT DESIGN GROUP
IINANTR UNIFORNI PLUMBING CODE (2003) TOTAL BUILDING AREA 4,396 SQ 22630 8STH AVE W.
INTERNATIONAL FIRE CODE (2003) Washington State Energy Code i'6NIONDS. WASHINGTON 98026
ARMA WINE CELLARS OF EDMONDS NATIONAL ELECTRICAL CODE M02) 425640825S
RUTH ARISTA OWNER PHONE 425.771.7009 INTERNATIONAL FUEL GAS CODE (2003) 1) All CNIU % ]Is shall be rurred out and Ingulated mith I
WASHINGTON STATE ENERGY CODE A, VENTILATION R-15irsulation LARRY 0. THRONDSE.N. OWSER, DESI
c'est lo Vie 0003) 2.) All gidurtf that is rommod for re=dPling shall Im re MAURICE HOLE, ASSISTA-VI'DESIGA'
COLLEEN BOWMAN OWNER PHONE 425.673,8905 STATE 01ENDMENTS TO ALL CODES SHALLAPPLY Winted %1th double pane per code It a% 1 21 V CW02'19—y
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PARKING STALUS)
AGREEMI-7NT
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PARTIES: The parties to this Parking Space(s) Agreement are:
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(Grantee): Narne(s): ARBO, LLC
Mailing Address: 18431 High Street, Edmonds, WA 98020
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(grantor): Nanle(s): Properties 405, LLC 0
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Mailing Address: PO Box 1567, Ednionds, WA 98020
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2. FACTUAL RECITALS:
known as the APBO Building -n
A. The Grantee owns/leoses certain commercial real estate
located at 320 Fifth Avenue South, Edmonds, Washington 98020 M M,
B. The Grantee as a part of their ownership has certain designated legal parking spaces in 0
the parking lot adjacent to their building, as shown on the attached Exhibit A. They wish 0 rn.
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to convert a parking space in this lot, to be used for the sighting of a trash enclosure. 9 Cn
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property located at 405 Fifth Avenue South, Z r—
C. The Grantor owns that certain real
I Home. The parking
Edmonds, WA 98020, with tenant known as the Beck's Funera W,
spaces of the grantor's property at this location are also designated on Exhibit A.
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D. The Gra I�Img to make one space available for use by the Grantee on SaturdwA
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through cen the hours of 8:00 arn and 9:00 pm, which does not conflict
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E. The parties are willing to c9ter into an agreement fo
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grantors property for tenant and employee parking for any business validly located at the
grantees building location listed above.
Parking Space Joint Use Agreement page I
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3. TERM OFAGREEMENTAND NUMBER OF SPACES. The grantor party sliall inake
available one parking space on their property for the use of the grantee as follows:
The Grantor designates one space oil the property located at 405 Fifth Avenue South_, Edmonds,
Washington 98020 for use by the Grantee between the hours of8:00 am and 9:00 pm , Saturdays
through Sundays, oil a month to month basis, commencing oil the Ist day of February, 2005
The Grantor, as designated oil exhibit B, in his discretion may designate which space on his
property is available for the grantee's use.
4. LEASE AMOUNT. No consideration sliall be paid.
liployee parking of the grantee
5. USE: The parking space sliall be used only for customer and et
during the hours set forth in paragraph 3 above and flor no other purpose and at no other times.
6. HOLD HARMLESS NON -LIABILITY OF LESSOR: Neither party shall be liable to the
other party or their patrons or employces for any damage, loss or injury to the premises or to any
person or property on the premises. Except the ARBO tenants shall be liable oil a no fault basis,
for any darnage to Beck's building structure located on his property attributable to parking use
by the ARBO tenants. Each party agrees to indemnify and hold the other party harmless from
any and all loss, liability, claims, demands and actions of any kind arising from any authorized
parking, in the space pursuant to this Agreement.
advance
7. TERMINATION OF LEASE. The grantor may terminate this lease by giving 90 days
written notice to the Grantee, which termination may be with or.WithOLIt cause.
8. SUBLEASING OR SUBLETTING. Neither party shall have the right to Sublease or sublet or
grant other use rights ofany kind to parking stall acquired under this Agreement without the
other party's written approval.
9. NOTICES: All notices which may be required or desired to be made by one party to the other
may be made by either personal service or by certified mail, "return receipt requested," addressed
to the addresses as appearing above.
10. ATTORNEY'S FEES AND COSTS. If this Lease is litigated or arbitrated for any reason,
including but not limited to, in order to determine the rights between the parties, the prevailing
party is entitled to reasonable attorney's rees and costs of such a suit, including but not limited to,
attorney's fees incurred in advance of the litigation and including but not limited to, any attorney's
fees involved in Motions, Summary Judgment Motions, Declaratory Judgment actions, and the
like, and an appeal of any judgment or arbitration decision.
Parking Space Joint Use Agreement page 2
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It. SPECIAL NOTWE [PROVISION (CITY OF EDMONDS REQUIREMENT). Each party
a grees t hat in the event that this agreement is terminated or if the joint use stall is otherwise no
longer available, then the Grantee agrees to immediately notify the City of Edmonds Planning
Department. In such event, the grantee understands that they will have to acquire an alternate off
site parking stall. The grantor shall have no liability or responsibility to the City of Edmonds
whatsoever under this agreement and none to the grantee beyond the express terms hereof, in
regard to city parking requirements or regulations, and the grantee shall agree to hold harmless
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and indemnify the grantor from and against any s uch Liability, cost, or damage.
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City of Edmonds,
Planning Division
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121 5th Ave. N.
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Edmonds, WA 98020
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Parking Space Joint Use Agreement page 3
Grantee:
DATED:
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Managing Partn
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STAFE OF WASHINGTON
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COUNTY OF SNOHOMISH C
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e that signed this
I certif� that I know or have satisfactory evidenc
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poses mentioned in M
instrument and acknowledged it to be his free and voluntary act for the uses and pur
the instrument.
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DATED this,214 day of 200 C,)
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C� NC Notary Public in and for the State of
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4V iding at: F�zl MY16, i it C Cn
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Parking Space Joint Use Agreenient p4ge 4
Grantor:
DATED: 0-
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Stephen E. Beek, Jr.
ber WPrertj 405, LLC -n:
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John For Her 0
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Member, Properties 405, LL 0
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STATE OF WAS14INGTON
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I certify that I know or have satisfactory evidence that abo ile, 611-4 signed this
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tary act for the uses and purposes mentioned in
instrument and acknowledged it to be her free and volun 0 r-
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the instrument. C0
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DATED this :Zj day or IL-1-1, 200
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Notary Public in and for the State of
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My commission expires: "pie,
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Parking Space Joint Use Agreement page 5
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S40HOMISH COUNTY
COVENANT
ACKNOWLEDGEMENT OF DUTY TO COMPLY WITH
STATE BUILDING CODE
WHEREAS, ARBO, LLC, a Washington Limited Liability Corporation doing business
has applied for a building permit (Building Plan Check #2004-452) to perforrn remodeling and
other reconstruction on a site legally described herein and referred to in this agreement as the
"Site"; and
WHEREAS, the area in which the building is constructed is zoned for zero lot line
development and the Site has been developed with a structure which could, upon development of
the site or the neighboring adjacent site located at 402 5"' Avenue South (hereinafter
"Neighboring Site"), require the reconstruction of the site in order to comply with State Building
Code requirements regarding issues such as, but not limited to, fire separation requirements; and
WHEREAS, an existing ramp for disabled accessibility fails to comply with current State
Building Code accessibility requirements; and
WHEREAS, the Grantor, ARBO, LLC, has proposed as an alternative to rnect
accessibility compliance, to locate an extension of the ramp necessary to bring it into compliance
on the Neighboring Site pursuant to a revocable license and/or easement; and
WHEREAS, tile City of Edmonds is considering the approval of this alternative means of
accessibility subject to the assurances of the Grantor that, upon revocation of the revocable
license and/or easement, the Site will be brought into compliance with all then current
requirernents of tile State Building Code, now, therefore
The Grantor ARBO, LLC hereby covenants, acknowledges and stipulates to tile City of
Edmonds, Washington, a municipal corporation (hereinafter "City") in consideration of the
mutual benefits to be derived and approval of a building permit based upon such covenants,
acknowledgements and stipulations that:
sec.�Lofo 2-31 I-bwus" q Ae,11119
(WSS587234DOC; I i00006MUM)
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Covenant Runninp, With the Land. This Covenant touches and concerns the
land and shall run with the land, limiting, obligating and notifying all future owners, successors
and assigns of the Site. The Site is located at 320 5th Avenue South, Edmonds, Washington, and
is legally described as follows:
That portion of the Southeast Quarter of Section 23, Township 27
North, Range 3 East, W.M. in Snohomish County, Washington,
described as follows:
Beginning at a point on the West Margin of 5th Street in
Edmonds, Washington, which is 410.9 feet North and 30 feet
West of the Southeast comer of said subdivision; thence West for
122.71 feet; thence North for 50 feet; thence East for 122.71 feet;
thence South for 50 feet to the point of beginning; situate in the
County of Snohomish, State of Washington.
2. Covenant. The Grantor hereby covenants on behalf of itself, its successors and
assigns that in consideration of the issuance of a building permit which accepts as an a ternative
means of providing and reconstructing a disabled accessibility ramp upon a revocable license
and/or easement, the Grantor hereby covenants and agrees:
2.1 Upon revocation of the license and/or easement, Grantor agrees prior to
the expiration date of said license and/or easement to bring its property into full compliance with
the terrns of the then current State Building Code, provided, however, that in the event that the
Site is acquired by the Grantor or its successors and assigns such that the Site and
Neighboring
the Neighboring Site are in common ownership, the provisions of this Covenant shall not be
triggered until such time as the building pen -nit to develop the Neighboring Site is submitted to
the City, which triggers the installation of additional improvements on the Site to meet fire
separation requirements, accessibility requirements or any other requirements of the State
Building Code or City ordinance. The Neighboring Site is addressed as 402 5th Avenue South,
Edmonds, Washington, is adjacent to the Site and noted in the records of the Snohomish County
Assessor as having an abbreviated legal description as follows:
Section 23, Township 27 Range 03 Rt-125; beginning at a point
360.9 feet North and 30 feet West of Southeast Comer SEC;
(WSS 587234. DOC; I /O(XX)6.9WOOO/)
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thence West 122.71 feet; then North 50 feet; thence East 122.71
feet; thence South 50 feet to the point of beginning.
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2.2 No occupancy permit shall be issued, and any existing occupancy or
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building permit shall be suspended or revoked, if or until such time as the building located on the
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Site is returned to full compliance with the provisions of the State Building Code, including but
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not limited to compliance with the disabled accessibility requirements, and fire separation
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requirements of the State Building Code and City ordinances. These regulatory provisions have
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been listed by way of illustration and not limitation, and the Grantor shall have the obligation to
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fully comply with the provisions of the State Building Code and City ordinance as it is then
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written with respect to any nonconforming aspect of the structure.
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2.3 By this Covenant, the Grantor fully acknowledges its obligations as well
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as the right, duty and obligation of the City of Edmonds to initiate code enforcement action on
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the structure, require that it be vacated, and/or exercise any and all enforcement rights, remedies,
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and obligations imposed under the State Building Code and City ordinance. To that end, the
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Grantors covenant and agree to pay any and all costs of enforcement by the City including but
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not limited to reasonable attorney's fees and court costs actually incurred through counsel of the
City's choosing, and further promises to indemnify and hold harmless the City from any and all
claims, costs, loss or litigation of any kind or nature whatsoever arising from or out of the
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execution of this Covenant, and/or the action or inaction of Grantor in compliance with this
Covenant, including but not limited to any lawsuit brought under the provisions of the
Americans With Disabilities Act or any similar state statute asserting that the Grantor has failed
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to comply with disabled accessibility requirements or the City failed to timely enforce such
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requirements, by action or inaction.
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2.4 Grantor further covenants to provide written notice of the existence of this
covenant to present and prospective lessees and upon request, to provide a copy of such
notifications to the building official of the City.
2.5 This Covenant shall be recorded and shall run with the land as above
provided. It shall bind and obligate any future purchaser, successor or assign of any kind or
nature whatsoever to the full extent permitted under Washington law. The Grantor shall pay all
costs associated with recordation and provide proof of such recording prior to issuance of a
temporary or regular occupancy permit.
(WSS587234.DOC; I /O(X)06.900(X)O/)
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3. City Permit Requirements. In consideration of the execution and recording of
this Covenant and the provisions thereof, the City agrees to issue building permits and
occupancy permits based upon an alternative means of compliance with disabled accessibility (n
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requirements through a ramp located on a revocable license or casement. Nothing herein shall be C
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deemed to, nor interpreted to limit the rights, duties and obligations of the City as an 0
enforcement entity for the State Building Code except to the limited extent expressly set forth 0 C
herein. In the event of conflict between the State Building Code or City ordinance and any M
provision of this Covenant, the provisions of this Covenant shall be interpreted in such a manner M Z
as to preserve the obligations of the Grantor under said Code or City ordinance and to C —Z
incorporate any provision or requirement of the State Building Code herein. The term "State
Building Code" and "City ordinance" as used herein shall mean the provisions of the Code or Uj
ordinance then in force at the date that any revocable license or easement is revoked and a 0 -n
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building permit to bring the structure at the Site into compliance is filed with the City, whichever
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4. Entire Agreemen This is the entire agreement between the parties. It shall not C Cn
be amended except in writing with the express written consent of the Grantor and City. 9 Cl)
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5. Enforcement; Venue. The sole venue for the enforcement of this Agreement
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shall be the Superior Court of Snohomish County Washington.
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6. No Limitation. Nothing herein shall be interpreted to limit the legislative
discretion of the City of Edmonds in amending or enacting provisions of its zoning code
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including but not limited to amendments to or future adoptions of the updates to the State
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Building Code. i
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DONE this day of -Dy 2004.
GRANTOR; ARBO, LLC
By:
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On this day appeared before me
AD, . and stated that she is authorized to execute th.
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DATED: 9-4
NOTAq�-A�BLIC
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Printed Name: JudQ ZJ211�
My Commission expires! Ve
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ACKNOWLEDGED BY:
CITY OF EDMONDS
By: —W4 R�
M orG Vrykakenson
ATTEST/AUTHENTICATED:
By:
"Saand'raWS'—Cha's'e, City Clerk
APPROVED AS TO FORM:
By: ) 515e ..
W. Scott Snyder, City Atto
(WSS587234. DOC; 1/00006.9000001)
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FINAL PROJECT APPROVAL FORM
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DEPARTMENT OF BUILDINGS
oftfa lot
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PER International Building Code Section 110
At: 320 5th Ave S Building Permit #: 2004-1033
Occupancy established by this certificate: Dwelling Units: **N/A** No. Stories: I
M/sl I Type Construction: V13 Sprink. Basement: No
Maximum-0ccu pant Load (Per IBC 1004)
Room capacity signs, when..,rpquired,':r'^'n'^u's�t�'temain posted at all times.
Owner of Building: ARBO,LLC Addres'6 320- 6" Ave S
THE Arista Wines/Cest La Vie HAS I B . EE , NANSPECTED A6 APPROVED As COMPLYING WITH THE REQUIREMENTS OF THE 2003
DOPTED BY THE CITY FOR THE GROUP AND DIVISION OF OCCUPANCY AND THE USE
EDITION OF THE INTERNATIONAL BUILDING CODE.,AS',A
FOR WHICH THE PROPOSED OCCUPANCY IS CI-46§101'ED.
Issued this 3 rd day of February 2005
CHIEF BUILDING OFFICIAL
BY:
j nr nti�cureclj an all be maintained in legible condition at all times. Any change of occupancy or use requires a building permit and a new
This Certificate Shall be posted in a conspicuous public area and Shall no be removed, mutilated or obscure
Certificate of occupancy issued by the City of Edmonds Building Official.
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RECORD OF INSPECTIONS
INSPECTOR DATE APPROVED
SETBACKS .....................
FOUNDATION:
Footing ......................
Wall..........................
Pier/Porch .................
Retaining Wall ...........
Slab Insulation ..........
PLUMBING:
Underground .............
Rough -In ...................
Commercial Final ......
HEATING:
Gas Test ....................
Gas Piping .................
Equipment .................
V-D Commercial Final .......
EXTERIOR SHEATHING
NAILING..........................
FRAMING........................
FIRST FLOOR FRAMING ...
INSULATION ...................
Floor Insulation .........
Wall Insulation ...........
Ceiling Insulation .......
SHEETROCK NAILING ...
SPECIAL INSPECTION ...
MISCELLANEOUS ..........
FINAL APPROVAL FOR
Cuss OCCUPANCY ..................
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