BLD20110095 PERMIT DOCSSTATUS: ISSUED
CITY OF EDMONDS
121 5TH AVENUE NORTH - EDMONDS, WA 98020
PHONE: (425) 771-0220 - FAX: 425 771-0221
Expiration Date: 5/9/2012
Parcel No: 00580700004008
DICK'S DRIVE-IN RESTAURANT DICK'S DRIVE-IN, LTD.,LP SCHUCHART CORPORATION
DEVELOPMENT CO BRIAR 4426 SECOND AVE NE 419 3RD AVE W
PO BOX 9704 SEATTLE, WA 98105- SEATTLE, WA 98119
BELLINGHAM, WA 98227-
(360) 650-8217 Ext. (206) 634-0300 Ext. (206) 682-3030 EXT:
LICENSE 4: SCHUCC*12INC EXP: 1/7/2013
NEW ONE STORY 3853 SQ. F.T. DICK'S DRIV&IN FAST FOOD RESTAURANT.
If III
VALUATION: $391,846.50 "M LETECv P D
PERMIT TYPE: Commercial
PERMIT GROUP: 55 - Restaurant
GRADING: N CYDS: 0
TYPE OF CONSTRUCTION: VB
RETAINING WALL ROCKERY: N
OCCUPANT GROUP: B
OCCUPANT LOAD: 30
FENCE: N ( 0 X 0 FT.)
CODE: 09
OTHER: N ------- OTHER DESC:
ZONE: CG
NUMBER OF STORIES: I
VESTED DATE:
NUMBER OF DWELLING UNITS: 0
LOT 4:
BASEMENT:0 1ST FLOOR:0 2ND FLOOR: 0
BASEMENT:0 IST FLOOR: 3853 2ND FLOOR: 0
3RD FLOOR: 0 GARAGE: 0 DECK: 0 OTHER: 0
13RD FLOOR: 0 GARAGE: 0 DECK: 0 OTHER: 0
REQUIRED: PROPOSED: REQUIRED: PROPOSED: REQUIRED: PROPOSED:
HEIGHT ALLOWED:75 PROPOSED:22 REQUIRED: PROPOSED:
SETBACK NOTES: Flag lot - all sides - 0' setbacks.
69 parking stalls required - 49 on-site, 20 on Top Foods site by agreement
I AGREE TO COMPLY WITH CITY AND STATE LAWS REGULATING CONSTRUCTION AND IN DOINGTHE WORK AUTHORIZED
THEREBY, NO PERSON WILL BE EMPLOYED IN VIOLATION OF THE LABOR CODE OF THE STATE OF WASHINGTON RELATINGTO
WORKMEN'S COMPENSATION INSURANCE AND RCW 18:27.
THISAPPLICATION ISNOT A PERMIT UNTIL SIGNED BY THE BUILDING OFFICIAL OR HIS/HER DEPUTY -AND ALL FEESARE PAID.
14eo% fifc'l v JS S7— 7-11
Print Name Date Released By
N1
ATTENTION
ITIS UNLAWFUL TO USE OR OCCUPY A BUILDING OR STRUCTURE UNTIL A FINAL INSPECTION HAS BEEN MADE AND APPROVAL ORA CERTIFICATE OF
OCCUPANCY HAS BEEN GRANTED. UBC109/ BCI 10/ IRC I 10.
= ONLINE = APPLICANT a ASSESSOR a OTHER
STATUS: ISSUED
BLD20110095
• Separate Permit Required For: Plumbing, mechanical, commercial kitchen hoods, fire suppression, state electrical, irrigation
system, signage.
• Prior to final project approval, an easment shall be recorded against the property granting permission to the City of Edmonds
to construct, repair and maintain the water service line fromthe City main to the meter.
• SPECIAL INSPECTIONS ARE REQUIRED FOR THE FOLLOWING
• Soil Bearing Verification
• Concrete Construction, Including Reinforcement
• Concrete Anchor Installation
• Structural Masonry
• Structural Steel Fabrication and Erection, Including High -Strength Bolting and Welding (Welders Must Be WABO
Certified)
• Structural Observation by Structural Engineer of Record
• Prior to Final Inspection by the Building Division, Final Special Inspection Reports are Required From All Special
Inspectors.
• Submit Special Inspection Field reports on a weekly basis to the City Building Department.
• Final approval on a project or final occupancy approval must be granted by the Building Official prior to use or occupancy of
the building or structure. Check the job card for all required City inspections including final project approval and final
occupancy inspections.
• Any request for alternate design, modification, variance or other administrative deviation (hereinafter "variance") from
adopted codes, ordinances or policies must be specifically requested in writing and be called out and identified. Processing
fees for such request shall be established by Council and shall be paid upon submittal and are non-refundable.
• Approval of any plat or plan containing provisions which do not comply with city code and for which a variance has not been
specifically identified, requested and considered by the appropriate city official in accordance with the appropriate provision
of city code or state law does not approve any items not to code specification.
• Sound/Noise originating from temporary construction sites as a result of construction activity are exempt from the noise limits
of ECC Chapter 5.30 only during the hours of 7:00am to 6:00prn on weekdays and 10:00am and 6:00pm on Saturdays, excluding
Sundays and Federal Holidays. At all other times the noise originating from construction sites/activities must comply with the
noise limits of Chapter 5.30, unless a variance has been granted pursuant to ECC 5.30.120.
• Applicant, on behalf of his or her spouse, heirs, assigns, and successors in interests, agrees to indemnify defend and hold
harmless the City of Edmonds, Washington, its officials, employees, and agents from any and all claims for damages of
whatever nature, arising directly or indirectly from the issuance for this permit. Issuance of this pen -nit shall not be deemed to
modify, waive or reduce any requirements of any City ordinance nor limit in any way the City's ability to enforce any ordinance
provision.
THIS PERMIT AUTHORIZES ONLY THE WORK NOTED. THIS PERMIT COVERS WORK TO BE DONE ON PRIVATE PROPERTY ONLY. ANY CONSTRUCTION ON THE
PUBLIC DOMAIN (CURBS, SIDEWALKS, DRIVEWAYS, MARQUEES, ETC.) WILL REQUIRE SEPARATE PERMISSION,
PERMIT TIME LIMIT: SEE ECDC 19.00.005(A)(6)
BUILDING (425) 771-0220 EXT. 1333 1 ENGINEERING (425) 771-0220 EXT. 1326 1 FIRE (425) 775-7720
PUBLIC WORKS 425 771-0235 1 PRETREATMFIN'I 425 672-5755 1 RECYCLING 425 275-4801
When calling for an inspection please leave the following information: Permit Number, Job Site Address, Type of Inspection being
requested, Contact Name and Phone Number, Date Prefereed, and whether you prefer morning or afternoon.
• &Pre -Con
• E,Erosion Control/Mobilization
0 •
• E -Storm Tightline
• &Footing Drain Connection
• E -Footing Drain TL Conveyance
• E -Water Service Line
• E -Waterline Easement Recorded docs
• E -Contractor to provide asbuilt
• E•Trash Enclosure
• ECross Connection Final
• E -Engineering Final
• B-Preconstruction meeting
• B -Footings
• B -Foundation Wall
• B -Foundation Drainage
• B -Slab Insulation
• B-Pre-Rock(Bearn/Col Wrap, Shafts)
• B -Roof Sheathing
• B -Framing
• B-Insulation/Energy
• B-Sheetrock Nail
• B -Building Final
• F -Extinguishers
• F -Addressing Visibility
• F -Fire Final
• P -Planning Final
• B -Masonry Walls
C.
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of E°MInspection Comments
oar
a
BLD20110095 45 -New Commercial
Applied: 02/14/2011 Issued: 05/09/2011 Expires: 05/09/2012
Address: 21910 HIGHWAY 99, EDMONDS
INSPECTION DATE INSPECTOR ACTION
1000 - E -Pre -Con 05/13/2011 MCCONNELL CMP
Comment: City staff present: L.Bjorback, R.Steinike, J.McConnell. Engineering Division notes attached.
1001 - E -Erosion Control/Mobilization 05/19/2011 MCCONNELL COM
Comment: TESC adequate at this time.
1001 - E -Erosion Control/Mobilization 07/01/2011 MCCONNELL COM
Comment: Keven with Shuchart inquired about emptying baker tank. Okay to release to storm system if no
sediments visible. No additional testing required.
1001 - E -Erosion Control/Mobilization 07/26/2011 ZULAUF COM
Comment: tesc ok
1001 - E -Erosion Control/Mobilization 09/27/2011 LAMBERTJ CMP
Comment: J.Zulauf at inspection - final approved
1013 - E -Storm Tightline 07/19/2011 LAMBERTJ PAR
Comment: Partial - OK to backfill Tightline form CB 1 to yard drain - need to verify mudding.
1013 - E -Storm Tightline 07/20/2011 LAMBERTJ PAR
Comment: Partial - Verified mudding - ok to backfill from yard drain to yard at northeast corner - connected to
existing system.
1013 - E -Storm Tightline 07/26/2011 ZULAUF COM
Comment: connection from trench drain to storm, tightline to existing
1013 - E -Storm Tightline 09/27/2011
LAMBERTJ
CMP
Comment: J.Zulauf at inspection - final approved
1017 - E -Footing Drain Connection 07/26/2011
ZULAUF
PAR
Comment: Verified connection
1017 - E -Footing Drain Connection 09/27/2011
LAMBERTJ
CMP
Comment: J.Zulauf at inspection - final approved
1019 - E -Footing Drain TL Conveyance 07/26/2011
ZULAUF
COM
Comment: strip trench connection
1019 - E -Footing Drain TL Conveyance 09/27/2011
LAMBERTJ
CMP
Comment: J.Zulauf at inspection - final approved
1034 - E -Water Service Line 05/27/2011
MCCONNELL
COM
Comment: Email attached with discussion on water meter sizing.
1034 - E -Water Service Line 07/26/2011.
ZULAUF
COM
Comment: Piping from meter to backflow preventor to irrigation.
Building will be called to inspect as well.
1034 - E -Water Service Line 09/27/2011
LAMBERTJ
CMP
Comment: J.Zulauf at inspection - final approved
12/7/2011 10:13:30 AM 121 5th Ave, Edmonds Washington - Phone: (425) 771-0220
Page 1 of 3
1INSPECTION DATE
INSPECTOR
ACTT,
1057 - E -Waterline Easement Recorded docs 04/25/2011
MCCONNELL
COM
Comment: Recorded copy of waterline easement required prior to final project approval.
1057 - E -Waterline Easement Recorded docs 10/19/2011
MCCONNELL
COM
Comment: Council authorized Mayor to sign waterline easement at last nights
Council meeting. Easement will be
taken to County for recording via City Clerks office.
1057 - E -Waterline Easement Recorded docs 10/20/2011
MCCONNELL
COM
Comment: Easement docs provided to City Clerks office. Will be taken to County for recording on
Monday,
October 24th.
1057 - E -Waterline Easement Recorded docs 10/25/2011
MCCONNELL
CMP
Comment: Waterline easement recorded.
1058 - E -Contractor to provide asbuilt 07/11/2011
MCCONNELL
COM
Comment: Asbuilt to include revision to parking lot curbing as approved per Revision 2.
1058 - E -Contractor to provide asbuilt 10/04/2011
MCCONNELL
CMP
Comment: Asbuilt received.
1075 - E -Trash Enclosure 09/29/2011
LAMBERTJ
CMP
Comment: Per Steve Fisher - Trash Collection areas are good to go.
1076 - E -Cross Connection Final 09/08/2011
MCMURPHY
COM
Comment: Backflow test reports received.
1076 - E -Cross Connection Final 09/27/2011
MCMURPHY
CMP
Comment: OK to final
1077 - E -Engineering Final 09/27/2011
LAMBERTJ
COR
Comment: J.Zulauf at inspection - Need to obtain easements and asbuilts - also need approval from Steve that the
trash enclosures are ok - once above has been recieved final
approval can be granted.
1077 - E -Engineering Final 10/04/2011
MCCONNELL
COM
Comment: Asbuilt received.
1077 - E -Engineering Final L 10/31/2011
MCCONNELL
CMP
Comment: Waterline easement recorded.
1101 - B-Preconstruction meeting 05/13/2011
STEINIKE
CMP
Comment:
1108 - B -Footings 05/24/2011
LAWLER
PAR
Comment: PI-CDF excavation approved along gridline 3
1108 - B -Footings 06/15/2011
STEINIKE
PAR
Comment: Pad in center approved.
1108 - B -Footings 06/22/2011
STEINIKE
CMP
Comment:
1110 - B -Foundation Wall 06/29/2011
STEINIKE
CMP
Comment:
1112 - B -Foundation Drainage 06/16/2011
STEINIKE
PAR
Comment: Inside only!
12/7/2011 10:13:30 AM 121 5th Ave, Edmonds Washington - Phone: (425) 771.-0220 Page 2 of 3
INSPECTION
DATE
INSPECTOR
ACTION,
1112 - B -Foundation Drainage
06/27/2011
LAWLER
CMP
Comment: Approval pending geotech okay
1118 - B -Slab Insulation
06/27/2011
LAWLER
CMP
Comment:
1120 - B -Plumb Ground Work
07/27/2011
STEINIKE
CMP
Comment:
1122 - B -slab reinforcing
07/07/2011
LAWLER
CMP
Comment: podium
1133 - B -Roof Sheathing
07/18/2011
STEINIKE
PAR
Comment: Placement of trusses.
1133 - B -Roof Sheathing
07/22/2011
STEINIKE
CMP
Comment:
1142 - B -Framing
08/16/2011
STEINIKE
COR
Comment: Gave correction notice.
1142 - B -Framing
08/18/2011
STEINIKE
CMP
Comment: Received letter from engineer.
1146 - B-Insulation/Energy
08/22/2011
BJORBACK
CMP
Comment:
1150 - B-Sheetrock Nail
08/26/2011
LAWLER
CMP
Comment:
1158 - B -Building Final
09/19/2011
STEINIKE
PAR
Comment: Walk through.
1158 - B -Building Final
10/18/2011
LAWLER
CMP
Comment: okay to final after enginnering approval
1955 - F -Extinguishers
10/13/2011
SMITHM.
CMP
Comment: APPROVED
1980 - F -Addressing Visibility
10/13/2011
SMITHM
CMP
Comment: APPROVED
1985 - F -Fire Final
10/13/2011
SMITHM
CMP
Comment: APPROVED
2000 - P -Planning Final
09/28/2011
CLUGSTON
CMP
Comment: The landscaping and exterior treatments match the approved
plans.
3000 - B -Masonry Walls
07/08/2011
STEINIKE
PAR
Comment: Partial at rear.
3000 - B -Masonry Walls
07/18/2011
STEINIKE
CMP
Comment:
12/7/2011 10:13:30 AM 121 5th Ave, Edmonds Washington - Phone: (425) 771-0220 Page 3 of 3
Structural Technology Consultants
Woman Owned I Certified Small Business
Providing Practical Solutions
Wednesday, July 20, 2011
Tracie Skiles
BERRY NEON SIGN SYSTEMS
7400 Hardeson Road
Everett, WA 98203
Re: Didc's Drive Inn
21910 Hwy 99, Edmond, WA
STC Project: 1384-41
Dear Ms. Tracie Skiles,
MICROFILM
Per your request, STC has evaluated the use of an alternate footing size of 4'-0" x 4'-0" x 8'-6"
depth. After analyzing the alternate footing design we concluded this footing size is adequate
for the 25'-0" tall sign.
Please contact STC if you have any questions.
Regards,
Duane J. Gee, E.
�OSEp�
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46286 Q
A90,,, 9FGISTEP��
'9s/01VA L ENS'
RECEIVED
JUL 2 0 2011
BUILDING DEPARTMENT
CITY OF EDMONDS
7827 Convoy Court, Suite 406 1 San Diego, California 92111
(858) 278-2400 1 (800) 681-8106 1 FAX (858) 278-2424 1 signengineer@stcsd.com I www.signengineer.com
';ee4miw--)4ow I ixar4o &59's
r
9
rrASWENSON SAY FAGET
A STRUCTURAL ENGINEERING CORPORATION
August 17`s, 2011
Ken Frazier
General Manager
Dicks Drive In
4426 2nd Ave. NE
Seattle, WA 98105-6191
ken a,ddir.com
Dear Ken;
RE: Dick's Drive In -Edmonds, WA
Structural Observation
We present an overview of structural observation of the Dick's Drive In building in Edmonds, WA. Structural
observation, as requested, has been performed on this building.
We visually observed the structural systems for general conformance to the approved plans and specifications. This
observation does not include or waive inspections as required in Chapter 17 of the IBC 2009. To the best of our
knowledge, the work observed was in general conformance with the structural portions of the contract documents,
including structural revision sheets and details.
In our structural observation, selected portions of the work were reviewed closely. Such review procedures were
conducted in accordance with commonly accepted standards of practice. Specifically for this project, site visits were
made at the beginning and end of the construction phase at your request and revision sketches were provided where
modifications were made. The building official understands that the results observed were inferred to exist in other
similar areas of the building not reviewed.
The building official also recognizes that structural review is a technique employed to minimize the risk of problems
arising during construction. Structural observation by the design professional does not constitute warranty or guarantee
of any type. In all cases, the contractor shall retain responsibility for the quality of the work and for the adherence to the
approved plans and specifications.
Sincerely,
SWENSON SAY FAGET, INC.
A Structural Engineering Corporation
1�17
Blaze Bresko, PE, SE
Principal
2124 3rd Ave Suite 100 Seattle, WA 98121 ph:( 206) 443-6212 fax:( 206) 443-4870 www.swensonsayfaget.com
D EDk
:° CITY OF EDMONDS
121 5'h Avenue North • Edmonds, WA 98020
Phone: 425.771.0220 • Fax: 425.771.0221 • Web: www.ci.edmonds.wa.us
i„.C. 1%9" DEVELOPMENT SERVICES DEPARTMENT: PLANNING DIVISION
ADMINISTRATIVE DESIGN REVIEW M_ on P1�
- STAFF DECISION -
BLD -2011-0226 Project Proposal
Dick's Drive -In has submitted an application for a wall sign and a pole sign at their 21910 Highway 99
location. The subject location is interior to the larger Top Foods site and was created by short plat in
2002 (PLN -2002-0219). The Comprehensive Plan designates the site as Corridor Development with
overlays including Highway 99 Corridor, Medical/Highway 99 Activity Center, and North Highway 99
Hi -rise node. The site is zoned CG2 — General Commercial.
Property Owner
Briar Development Company
2211 Rimland Drive
Bellingham, WA 98226
Design Review Process
Applicant
Dick's Drive -Ins, Ltd, L.P
4426 Second Ave. NE
Seattle, WA 98105
Contact
Berry Neon Sign
7400 Hardeson Road
Everett, WA 98203
Design review for signs is considered a Type I decision subject to the requirements of ECDC 20.01.003.
The design standards in the sign code (Chapter 20.60 ECDC) and those general urban design standards in
the Comprehensive Plan apply.
Analysis
1. Design Standards. The proposed signage satisfies the intent of the following goals and policies from
the Comprehensive Plan and the design standards in ECDC 20.60:
a. Comprehensive Plan goals and policies for the Medical/Highway 99 Activity Center and
Highway 99 Corridor are located on pages 61 — 67 and are intended to encourage the
development of high quality, well-designed projects that reflect the values of the citizens of
Edmonds. The associated general urban design objectives are located on pages 92 — 98.
b. "Provide adequate lighting for signage panels. " (page 95)
c. "Protect the streetscape from becoming cluttered. " (page 96)
d. "Minimize distraction from the overuse of advertisement elements. " (page 96)
e. "Provide clear signage for each distinct property. " (page 96)
f. "Use graphics/symbols to reduce the need to have large letters. " (page 96)
g. "Minimize potential for view blockage. " (page 96)
h. "Signs should be related to the circulation element serving the establishment. " (page 96)
i. "Landscaping should be used in conjunction with pole signs for safety as well as appearance. "
Page 96).
j. "Where multiple businesses operate from a central location, tenants should be encouraged to
coordinate signing to avoid the proliferation of signs, each competing with the others. " (page 96)
Page I of 3
File No. BLD -2011-0226
Dick's Drive -In signs
2. Si e. Both wall and pole (freestanding) signs are permitted types in the SR -99 (Highway 99)
area according to ECDC 20.60.020.L. Internal illumination is permitted as well but according to
ECDC 20.60.020.H, no commercial sign shall be illuminated after 11:00 p.m. unless the commercial
enterprise is open for business and then may remain on only as long as the enterprise is open.
3. Number of signs. According to ECDC 20.60.025.A.4, a maximum of three commercial signs may be
installed at the subject location, excluding window signs. The two proposed signs will be the only
signage for the tenant at this time.
Sign size. According to ECDC 20.60.025.A.2, the maximum total permanent sign area for uses in the
CG2 zone is one square foot of sign area for each lineal foot of building frontage along a public street
up to 200 square feet. The Dick's parcel is internal to the Top Foods lot and does not actually front
onto Highway 99. The Top Food parcel has in excess of 500 lineal feet of frontage on Highway 99.
At the same time, the eastern boundary of the Dicks' lot is roughly parallel to Highway 99 and is
slightly over 200 feet long. As a result, the 200 square foot maximum amount will be used for the
Dick's site.
According to ECDC 20.60.030.A, the maximum area for a wall sign in the CG zone is 1 square foot
per lineal foot of attached wall. The front wall of the restaurant is 84 feet wide as viewed from the
street. The wall sign is proposed to be 61.6 square feet, which satisfies the maximum area and
specific wall sign area requirements of the code.
According to ECDC 20.60.045.C, the maximum area for a freestanding (pole) sign in the CG zone is
56 square feet or one-half square foot of sign area for each lineal foot of street frontage, whichever is
greater, up to a maximum of 160 square feet. As mentioned above, the Dick's site is internal to the
larger Top Foods site, which has in excess of 500 lineal feet of frontage on Highway 99. Since only
one freestanding sign may be located per frontage and Dick's will be using a freestanding sign while
Top Foods does not have one on their eastern frontage on Highway 99, Dick's is allowed the
maximum 160 square feet for their pole sign. As proposed, the pole sign is approximately 119.8
square feet.
Both proposed signs total 181.4 square feet, leaving 18.6 square feet available for future complying
signage.
5. Sign height and location. According to ECDC 20.60.030.B, the maximum height for a wall sign in
the CG2 zone is 14 feet or the height of the face of the building on which the sign is located. The
proposed wall sign will be located on the wall screening the rooftop equipment, the top of which will
be approximately 21 feet. As proposed, the proposed wall sign satisfies the height requirement.
According to ECDC 20.60.045.D, the maximum height for a freestanding in the CG2 zone is 25 feet.
The proposed sign will be 25 feet tall including a 6 inch exposed concrete footing and a 24.5 foot
pole sign.
6. Colors. The.signage will consist of traditional Dick's colors including red neon, orange, black,
yellow and white.
7. Landscaping. According to ECDC 20.60.045.G, freestanding signs like pole signs shall have a
landscaped area twice the size of the sign area at the base of the sign and that area shall be protected
from vehicles by curbing. The proposed 119.8 square foot pole sign satisfies this code requirement
since it is to be landscaped at the base with approximately 250 square feet of landscaping which is
surrounded by curbing.
Page 2 of 3
Decision
File No. BLD -2011-0226
Dick's Drive -In signs
Based on the facts and conclusions of this report, staff finds that the design review for this project (File
No. BLD -2011-0226) is APPROVED, with the following condition:
1. Internal illumination is permitted as well but according to ECDC 20.60.020.1-1, no commercial
sign shall be illuminated after 11:00 p.m. unless the commercial enterprise is open for business
and then may remain on only as long as the enterprise is open.
I have reviewed the application for coTTJiance with the Edmonds Community Development Code.
qI/"(
Clugston, PlaAing Division
Appeals: Design review decisions by staff are only appealable to the extent that the applicable building
permit or development approval is an appealable decision under the provisions of the ECDC. Design
review by staff is not in itself an appealable decision.
Page 3 of 3
0 •
SPECIAL; INSPECTION AND TESTING AGREEMENT
Permit #: 2011-0095 Project: Dick's Drive-in
Ssi� 18gQ
Prlop to issitaitee of a perinit, this form ittost Ge Completed tit its entirety and refurned to the City for
approval: The completed forin. ntrist have slgiiatujvse of acknowledgment by till.parttes.
DITTIES AND RE, SPONSMI'LMES
Sneeial Inspection Firm and Sneclal Inspectors-:
The Special Inspection firm of Will perform special
inspection foe the following types of work(separate forums must be submitted if mote than one firm is to be
employed):
p Reinforced Concrete.
❑ Boltiipg ift Concrete:
❑ Prestressed Concrete
D Shoterete
❑ Structural Masonry'
❑ Structural Steel/Welding
❑ High Strength Bolting
❑ Spray, applied Fireproofing
❑ Sinoko Cortwol Systeins
0 Lateral Wood
❑ Structural Observation
AQ ading/soils
❑ Other
❑ Other
MICROFILM
All individual. inspectors to be eniployedon this pfaj ect Will. be WABO certified for the type of work they are to
.inspect, If inspection is for Work that is not covered by the WAW categories, ox the inspector is not WABO
certified, a detailed resume of the inspector and firm must be submitted, The resume. must show that the
inspector and tie firm are qualified by education and experience to perform the:work and testing required by the
-project design and specifications.
"The work shall be inspected for conformance with the plans and specifications approved by the City, Revisions
-and addenda sheets will not be used for inspection, unless :they have been approved by'the City. Inspection
records shall.inelude:
• A dailya ecord to be maintained on, site, itemizing the inspections performed. Any.nonaonforrhing wof1c.
:shall be brought to the immediate attention of'the mitrutor fo . resolution,
• A :weekly report shall be submitted "to the City; detailing the inspections and testing performed, listing
any nonconforming work and resolution of nonconforming items.
4. !k final Deport shall be submitted to the building department priot to the Certificate of Occupancy being
issued, This report will indicate that inspection and testing was cornplefed. in conformance with the
approved plans, specifications and approved revisions or addenda. Any unresolved :discrepancies must
be detailed in the final report.
RECEIVED
Q.Toaumunts anal settingsW. orback0gsktop\Special inspeetlon Dick's Struc.dor,YW2611 MAY — 9 2011
DEVELOPMENT SERVICES CTR.
CITY OF EDMONDS
Confrjecort
The contractor shell provide the special inspector or agency adequate no0onflon of work requiring inspection,
The City approved plan and specifications must be made available, at the jobsite for the use of the special
inspector and the City inspector. The contractor shall maintain all daily inspection reports, on site, for review by
all parties.
The special inspection functions arc considered to be in addition to the normal inspections performed by the City
and the contractor is responsible for contacting the City to schedule regular inspections. No concrete shall be
poured or other work covered until approval is given by the City inspector.
Building penartMgptl
The building department shall review any revisions and addenda. The City inspector will monitor the special
inspection funodons for compliance with the agreement and the approved plans. The City inspector shall be
responsible for approving various stages of construction to be covered and for work to proceed.
Realm PMIMIonals:
The architect and/or engineer will clearly indicate on the plana and specifications the speoitie types of special
Inspection required. and shall include a schedule for inspection and testing. The architect and/or engineer will
coordinate their revision and addenda process'in such a way as to insure that all required City approvals are
obtained, prior to work shown on the ravisions being performed in the field.
Qum
The project owner, or the arohitect or engineer acting as the owners agent, shall employ the special inspector or
agency.
4 ORCEMEINT
A failure of the special inspector or firm to perform in keeping with the requirements of the IDC, the approved
plans and this document, may void this agreement and the Building Official's approval of the special inspector,
In such a case a new special inspector and(or fum would need to be proposed for approval. A thilure of the
design and/or construction parties to perform in accordance with this agreement may result in a STOP WORK
notice being posted on the project until nonconforming items have been resolved.
ACKNOWLEDGMENTS
I have read and agree to comply with the terms and conditions of this a
Owner:Signature
Contractor: 45
ri
ArchAEng;Pi 1 % t- k A L.L 5 E. A) _ slgna
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Special
ACCEPTED FOR
By;
C:pOMmobis and 8o1aayAbJotsaok\Dcsk1ap\spealn1 tnMaten plaid, srtue.dw3n412011
Date1 � �o
j
Date: 5 ` 12011
Date: VZ AALA I I
About GEOTECH CONSULTANTS, INC.
Geotech Consultants, Inc. is a professional consulting firm specializing in geotechnical engineering,
soil . mechanics, foundation engineering, and environmental investigations and remediation.
Established in 1986, our firm has built a notable reputation by providing competent engineering and
environmental services on time and within a reasonable budget. Our professional personnel have
extensive experience In geology and engineering, with several having more than 25 years
experience. Geotech's staff consists of geotechnical and civil engineers, geologists, and
environmental engineers. Much experience has been gained through the more than 10,000
projects the company has completed. Many of our staff members have a wide range of experience
gained from previous positions held in other firms. Our engineers are registered in the states of
Oregon and Washington. The scope of our practice includes the following areas:
1) Geotechnical engineering applied to foundation, retaining wall, shoring, and pavement
design. Feasibility studies for planned developments, including residences, apartment
buildings, schools, multistory office buildings, public facilities, warehouses, and
commercial structures.
2) Environmental assessments, performed to ASTM standards, to satisfy requirements of
the Superfund Amendment and Reauthorization Act (SARA) in property transactions.
3) Geologic studies for roadways, landfills, slopes, landslides, foundations, bridges,
tunnels, and more.
4) Geotechnical and environmental reconnaissance of property prior to purchase.
5) Groundwater and soil contamination studies, site cleanup and remediation, and
coordination with regulatory agencies.
6) EPA -certified asbestos building inspection, asbestos sampling and testing, and
asbestos management planning.
7) Engineering observation and testing services during foundation construction and
earthwork. Density testing of . engineering materials, including soil and asphaltic
concrete. Daily, or on-call, inspections available during construction.
8) Expert legal testimony in environmental and engineering disciplines.
We are small enough to respond quickly and personally to each project, and large enough to be
comprehensive in our knowledge and coordinate the environmental and geotechnical work involved
in planning for a complete development project. We would appreciate the opportunity to
demonstrate our expertise on your next project.
GEOTECH CONSULTANTS, INC.
PRINCIPAL
D. ROBERT WARD, P.E. Geotechnical Engineer
EDUCATION
University of Washington
M.S. in Geotechnical Engineering
REGISTRATION
Professional Civil Engineer - Washington
PROFESSIONAL SUMMARY
Montana State University
B.S. in Civil Engineering
Geotech Consultants, Inc. - Bellevue, Washington 03/87 to present.
Geotechnical Engineer — Principal since 1996
Altinay and Associates Inc. - Seattle, Washington 10/86 to 03/87.
Assistant Engineer
Sanderson/Stewart/Gaston. Engineering Inc. - Bozeman, Montana 06/85 to 09/86.
Materials Technician and Inspector
REPRESENTATIVE EXPERIENCE
Mr. Ward has been with Geotech Consultants, Inc. for over 24 years; starting. as a
technician and is now a principal. He has been involved in numerous design and
construction projects at Geotech Consultants in the Puget Sound region ranging from
single-family residences to multifamily developments to office and commercial buildings. He
has performed preconstruction studies on a wide variety of projects and engaged in site
inspections and project management during construction. In addition, Mr. Ward has
provided hands-on consultation on projects where geotechnical problems have arisen. His
professional design experience includes all aspects of geotechnical engineering, such as
large earthwork projects, shallow and deep foundations; preload fills to induce
preconsolidation of soft soils; roadways over soft soils; conventional and geotextile-
reinforced retaining structures; dewatering and underslab drainage systems; slope stability
analysis, and slide repair features including buttresses, soldier -pile walls, and crib walls.
As Mr. Ward's work experience increased throughout his career, so has his direct
interfacing with clients, design teams, and municipality personnel. He is highly personable
and respectful of the needs and concerns of all personnel involved in projects. Mr. Ward
believes that computers may solve analytical problems, but personal and direct contact with
people still is the most important part of the job.
Mr. Ward has extensive, hands-on field experience on projects from Bellingham to Olympia,
ranging from houses to apartments to office complexes to utility district projects. He has
worked in large forested areas to high density urban areas. Mr. Ward has seen nearly
every soil type and condition the Puget Sound has to offer.
GEOTECH CONSULTANTS, INC.
•
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13256 NB 20th Street, Suite 16
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425-747-5618 FAX 425-747-8561
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•
OEOTECH
CONSULTANTS, INC.
CITY OF EDMONDS
Department of Planning and Development
121 5th Avenue North -2nd Floor
Edmonds, Washington 98020
E
RECEIVED
SEP it 3 M1,
13256 Northeast 20th Street, Suite 16
Bellevue, Washington 98005
(425) 747-5618 FAX (425) 747-8561
September 8, 2011
JN 11016
via email mcconnell@ci. edmonds. wa. us
Subject: Final Letter - Geotechnical Engineering'Observations
Dick's Drive -In
220th SW & Highway 99
Edmo�,ds' Washi gton
Permit No. 2011-0095 M
CROFU
To whom it may concern:
Geotech Consultants, Inc. provided geotechnical engineering observation and testing services
during the earthwork and foundation construction for the new Dick's Drive in on the corner of 220th
Southwest and State Highway 99 in Edmonds. Our work began on May 13, 2011 and was
completed on July 14, 2011.
The scope of our work, as outlined in the Special Inspection and Testing Agreement from the City
of Edmonds dated May 6, 2011, included the following:
Grading/soils
On May 13, 2011 we attended a pre -construction meeting with the City of Edmonds, the general
contractor, select subcontractors and consultants in attendance. The required inspections were
discussed.
Between June 6 and July 14, 2011, we observed the excavations and subgrade preparation of the
building foundations and slab -on -grade. We found that the footing subgrade was suitable for the
design bearing capacity of 4,000 psf. The slab subgrade was also found to be in adequate
condii.ion. Additionally, during this time we made periodic site visits to observe the placement of fill
material in the utility service trenches. Specifically, the backfill placed and compacted in the water
and sanitary sewer service trenches were observed. Density testing of the compacted backfill
indicated that compaction of 95 percent or greater was achieved in accordance with ASTM Test
Designation D-1557 (modified proctor). On June 27, 2011 we observed the installation of the
foundation drain system. We also observed the adequacy of the subgrade beneath the area to be
re -paved.
To the best of our knowledge, the work which we observed, in accordance with the scope of our
services, was generally performed in conformance with our recommendations and the approved
plans.
LJ
City of Edmonds - Final Letter
September 8, 2011
A 11016
Page 2
Field memos and letters regarding our observations have been transmitted to the City of Edmonds
with previous correspondence. If there are any questions, or if we can be of further service, please
contact us.
Respectfully submitted,
GEOTECH CONSULTANTS, INC.
cc: Dick's Drive In—Ken Frazier
via email: ken(�ddir.com
Shuchart Corporation—Gabe Stephens
via email: GabeS@schuchart.com
DRW: jyb
D. Robert Ward, P.E.
Principal
GEOTECH CONSULTANTS, INC.
)
SPECIAL WSPECTXON AND TESTING AGREEMENT
:�t. a• Permit #:._ 2011-0095 Project: Dick's Dt ive-in
Prior to issrrarrce of a pet•arit, this forvr oinst be completed in Its eutbe(y aad returned to the Clty far
approtlaf The completed faint musrhave stguatmvirofecknotpledgrrreut b), all parties.
DIITiESAND RESPONSIBIU7IES
.Sixclal LW-Mtlua plrtrt god Special h sneclors:
'Ihc Spctc:ial lnspuciitm firm ut tAcwveh Te444,t4 E ' A`e-et r 3 _ will per form special
inspection Ear the following type -a of o k (selmrate form's moa ffc subilikied if more than one litm is to be,
et» ptoye:d):
Pf Reinforced concrete 173 Spmy applied Phepmoling
OK Bolting in Quicrcte
13 Prenireawd Concrete
0 Sholerete
)if Structural Masomy .
j� Snuctural Stecl/Welding
I ligh Strength Bolting
0 Smoke Control Systems
U later at Wood
A 5ttuctural Observation
Grading/soils
U Otho
EJ Other
All individual inspectois to be employed on this project will he WABO certified for the type of work they are to
inspect if inspection is for work that is not coveted by the WABO categories, ut the inspector is am WABO
cettificd, a detailed'tesume at the inspector and firm must be submitted. The nxume must show that the
inspector and the titin are qualified by education and experience to perform the work and testing requited by the
project design and specifications,
the work shall be inspected for confutmance-with the plans and specifications approved by dtc City. Revisions
and addenda sheers wi II not be uwd fi m"hispection, unless they have been approved by the City. Inspectton
,r
ecords dhalVinclude:.
r 8
• A daily record to be maintained on site, itemizing the inspections perlbrnied Any nonconforming Wolk
shall be brought to die immediate attention of the contractor for resolution.
• A weekly report shall be submitted to the City: detailing the inspections and testing petfwmcd, listing
any nonconforming work and renolution of nonconforming items
• A finul report shall be submitted to the building department prior to the Certificate of Occupancy being
issued. 'This n:port will indicate that inspection and testing was completed in conformance with the
nppruved plans, sTe:citications and approved revisions or addenda, Any unresolved disciepanctes nuisr
be detailed in the final tuport
Cibwuntenrs mW Scurnt rJ4urbeeekV)c ktapw)icerai wrXV001e M*k s b'tmc doe V 14411 RECEIVED
MAY 9 2011
DEVELOPMENT0EDMONDSS CTR -
CITY
on etor: •
The contractor shall provide the special inspector or agency adequate notification of work requiring inspection,
The City approved plan and specifications must be mads available, at tine jobsite for the use of the special
inspector and the City inspector The contractor shall maintain all daily inspection reports, on site, to, review by
all patties
The special inspection functions are considered to be in addition to the normal inspections performed by the City
and the contractor is responsible for contacting the City to schedule regular inspections. No concrete shall be
poured or other work covered until approval is given by the City inspector.
Bu__ ildfng p a �mr ent:
The bmIding department shall review any revisions and addenda. Iho City inspector will moaitor the special
inspection functioms fat wmpliance with the ag,=lnent and the approved plans The City inspector shall be
responsible for approving various stages of construction to be covered and for work to proceed
Desfa,t Yrofessloaals:
The archltcat and/or engineer will elemiy indicate on the plans and specifications the specific types orspecis)
inspection required. and shall include a schedule for Inspection and testing. Ibe architect andfor engineer will
coordinate their revision and addenda prooess in such a way as to insure that all required City approvals arc
obtained, prior to work shown on the revisions being performed in the field.
Owners
The project owner, or the architect or engineer acting as the owners agent, shall employ the special inspector or
agency
ENFORCEMENI
A failure of the almiat inspector of firm to perform in keeping with the regWrememts of the IBC, the approved
plans and this document, may void this a9meamt and the Building Official's approval of the special inspector
In such a case a new special inspector and/or firm would need to be proposed for approval. A failure of the
design and/of consttuotion parties to perfoim in accordance with this agreement may result in a STOP WORK
notice being posted on the project until noncor fotming items have been resolved
I have read and agree to comply with the ACKNOWLEDGMENTS
toeims and eondit�ms of this a
Owner. `�ture .�V
_ _ Date 7 z T Zo
contrscl �: Gin �Crlt'1L�r si_ _ `' 'Zoe:
Arch lPrtg: L jG L,L E AJ Signature Date: ILS A442
2 11
Special lr►spAWA�--
ACCEPTED FOR THE CYl Y OF EDMONDS BURUIIYG DEPT
—_Date: S
('-inocummts and Utiorlblaback'DcktapWrccWEon Uick'c Snc&an4l2ol t
• 0 •
r
rrASWENSON SAY FAGET
A STRUCTURAL ENGINEERING CORPORATION
August 17`h, 2011
Ken Frazier
General Manager
Dicks Drive In
4426 2nd Ave. NE
Seattle, WA 98105-6191
ken@,ddir.com
Dear Ken;
RE: Dick's Drive In -Edmonds, WA
Final Site Visit
I visited the site today to observe the construction to date. At this time, it appears that 100% of all the structural framing
is complete. Finishes were yet to be completed, thus allowing visual review of the structural elements. At the request of
the contractor we observed locations of the plywood edge blocking where CS 16 straps occurred between grids 1 and 2,
and between grids C and D. In a few locations the strap nailing has acted to "split" the 2x blocking. The splitting is
likely the result of the 1" nail spacing through the CS strap. The actual required spacing is 6" on center. As a result, the
demand on each block is about 17%. Because of this low demand and the long length of strap to spread out the forces,
it is our opinion that the existing condition is structurally acceptable. No repair is required.
All other observed structural systems appeared to be in conformance with the contract documents, including revisions
sketches and RFI's.
This concludes our site visit report for the Dick's Drive In in Edmonds, WA. Thank you for letting us be of service.
Sincerely,
SWENSON SAY FAGET, INC.
A Structural Engineering Corporation
V
Blaze Bresko, PE, SE
Principal
2124 3rd Ave Suite 100 Seattle, WA 98121 ph:( 206) 443-6212 fax:( 206) 443-4870 www.swensonsayfaget.com
.0
MAYES TESTING ENGINEERS, INC.
October 4, 2011
City of Edmonds
121 5th Avenue N
Edmonds, WA 98020-3146
Attention: Building Department
Re: Dick's Drive In Edmonds
220th and Hwy 99
Edmonds, WA
Project No. L11228
L J
Final Letter
Permit No. 2011-0095
Seamle0lboe
20225GederValeyRoad
Sine 110
LYTVD d, WA98036
ph425.7429360
fax425.745.1737
Taco=Offim
10029S.TaoornaWay
Stili E2
Taooma, WA98499
ph 253584.3720
fax 253584.3707
PbrlardOfBce
7911 NE 33rd Drive
Sub 190
PoAland OR97211
ph 503281.7515
f3K503281.7579
MICROFILM
This is to inform you that registered special inspections have been completed for this project as per
our reports, copies of which have been sent to you.
Special inspection was provided for:
• Reinforced Concrete
• Proprietary Anchors
• Structural Steel Fabrication
• Structural Steel Erection
• Structural Masonry
To the best of our knowledge, all work inspected was either performed in accordance with, or
corrected to conform to, the city approved drawings, or engineer approved changes.
We trust this provides you with the information that you require. Should you have any questions
please call us at 425/742-9360.
Sincerely,
Mayes Testing Engineer, Inc.
I
0
After Recording Regan Io:
Eugene W.. Wong, Esq..
Lasher Holzapfel Sperry & Ebberson PLLC
601 Union Street, #2600
Seattle, WA 98101
1111111111 pill 11111111111111111111111111111111111111111111 IHI
2WI0130510 15 PGS
10/13/2011 4:35r R 00
PARKING EASEMENI AGREEMENT
N-0 EXCISE TAX
REQUIRED
OC f 13 2011
KIRKE SIEVERS, SnahMh County Traasuw
Grantors: BRIAR DEVELOPMENT COMPANY LLPglow
a Washington limited liability partnership Amma
HAGGEN, INC..
a Washington corporation
Grantee: DICK'S DRIVE-INS, LID.., L..P., •
a Washington limited paitnership
Grantor's Parcel: LOT 1, CITY OF EDMONDS SHORT PLAT RECORDED UNDER
AUDITOR'S FILE NO.. 200.307295008 4' Su
Grantee's Parcel: LOI 2, CIIY OF EDMONDS SHORT PLAT RECORDED UNDER
AUDIIOR'S FILE NO.. 200.307295008
APN Grantor's 005807-000-040-07
Parcel:
APN Grantee's 005807-000-040-08
Parcel:
Reference No.. N/A
{06505/1321448 DOC) I
PARKING EASEMENI AGREEMENT
This PARKING.EASEMENT AGREEMENT (the "Agreement") is entered into effective
this 10th day of October, 2011, by and between BRIAR DEVELOPMENT COMPANY LLP, a
Washington limited liability partnership ("Briar"), HAGGEN, INC., a Washington corporation
("Haggen") (Briar and Haggen collectively referred to as "Grantor"), and DICK'S DRIVE-INS,
LID.., L.P., a Washington limited partnership ("Grantee") (Briar, Haggen, and Grantee may
hereinafter be referred to individually as a "party" or collectively as the "parties")..
RECITALS
A.. Briar is the owner of the property situated in Snohomish County, Washington and
legally described in Exhibit "A" attached hereto and made a part hereof' (the "Grantor's
Property").,
B . Haggen has a leasehold interest (the "Haggen Lease") in the Grantor's Property,
upon which it operates a TOP Food and Drug store..
C.. Grantee is the owner of the property situated in Snohomish County,; Washington
and legally described in Exhibit "B" attached hereto and made a part hereof (the "Grantee's
Property")..
D.. The Grantor and Grantee are parties to that certain Reciprocal Easement
Agreement dated May 17, 2011 (the "REA") and recorded under Auditor's File No.
201105170588 in the records of Snohomish County, Washington.
E.. The REA provides that the Grantee may obtain from the Grantor, among other-
things,
therthings, an easement across portions of the Grantor's Property for the use of nineteen (19)
vehicular parking stalls for the benefit of the Grantee's Property and its patrons..
F . The parties wish to reduce their agreement to writing and hereby agree as follows.
FOR AND 11,; CONSIDERATION of the promises made herein, the parties, intending to
be legally bound, hereby agree as follows:
AGREEMENT
1.. Grant of Easement. Grantor does hereby grant and convey to Grantee and its
heirs, successors, and assigns, for the benefit of the Grantee's Property: (a) an easement across
the Grantor's Property for parking by patrons and others of the business conducted upon the
Grantee's Property other than the employees thereof; but only to the extent of that portion of the
Grantor's Property legally described and diagrammed in Exhibit "C" attached hereto and made a
part hereof (the "Easement Area"); and (b) a corresponding non-exclusive easement for-
pedestrian
orpedestrian and vehicular ingress and egress f from and to the Easement Area across the parking
{06505/T327448 DOC} 2
and driveway areas of the Grantor's Property (other than the Easement Area) as the same may
fiom time to time be constructed and maintained for such use.. Notwithstanding the foregoing,
Grantor shall have the right to use the Easement Area for any use not inconsistent with the
purposes of this Agreement provided the Grantor does not interfere with, diminish, or
unreasonably impair the Easement Area or- the Grantee's use of the Easement Area. Except for
damage due to the negligence or willful misconduct of Grantee or any of its employees, agents,
or invitees for- which Grantee shall be responsible for repairing, the maintenance and repair of'the
Easement Area, driveways, and parking areas will be performed, and the costs therefore
allocated, all in accordance with the REA.. Grantee may cause to be erected or painted, at
Grantee's sole expense, signage denoting "Dick's parking OK" or the like or as otherwise
specified/requir-ed by the City of Edmonds with respect to the Easement Area and to also take
self-help measures to enforce the Grantee's use of the Easement Area including, without
limitation, towing violating vehicles provided the on-site manager for the business conducted
upon the Grantor's Property, if' any, is notified about the towing program but will not be required
to be provided notice on an individual incident basis.. the intent of'the provisions of this section
is to control parking abuses and repeat parking offenders and not patrons of either establishment
who on occasion or inadvertently park in the wrong location. Provided, however, that if' a party
has exercised its reasonable best efforts as required by this paragraph and nevertheless its
permittees continue to violate this provision, such violations shall not be considered a default by
said party under- this Agreement nor form the basis of a claim for damages by any other party..
I Duration.. The term of'the easements provided for under this Agreement shall be
indefinite and shall continue until the earlier of`' (a) revocation by the mutual agreement of
Grantor and Grantee or their heirs, successors, or assigns; or- (b) the Grantee's Property is used for
something other than a fast food restaurant. Said easements are intended to and shall run with
the land and the benefits and burdens of the easements herein created shall pass to the heirs,
successors, and assigns of'the parties in and to their respective properties benefited and burdened
by these easements..
I Miscellaneous.. This Agreement cannot be modified except by an instrument in
writing signed by the parties, and contains the entire agreement of'the parties with respect to the
matters set forth herein. the representations and warranties stated herein, including without
limitation the obligations of Grantor to cooperate with Grantee, shall survive the termination of
this Agreement.
4.. Law.. This Agreement shall be governed by, construed and enforced in accordance
with the internal laws of the state of Washington, without giving effect to principles and
provisions thereof'relating to conflict or choice of laws irrespective of the fact that any one of'the
parties is now or may become a resident of'a different state.
5.. Compliance with Laws and Rules.. The parties shall at all times exercise their
rights herein in accordance with all applicable statutes, orders, rules, and regulations of any
public authority having jurisdiction or claiming jurisdiction over the subject easements..
{06505/x327448 DOC} 3
6.. Work Standards. Any work on the Easement Area shall be performed so as to
minimize, to the extent that is commercially reasonable, the disruption to the other party's
business operations. Any work to be performed within the Easement Area shall be in a careful
and workmanlike manner, free of claims and liens..
7.. Costs and Attorneys' Fees, Harty party shall bring any suit, arbitration, or- other -
action against another for relief, declaratory or otherwise, arising out of this Agreement, the
prevailing party shall have and recover against the other paity, in addition to all costs and
disbursements, such sum as the court, or arbiter may determine to be reasonable attorneys' fees.
8.. Default..
a. If' a party fails to comply with any provision herein (the "Non -Performing
Party"), then the other parties may, upon forty-five (45) days' prion written notice to the Non -
Performing Party, proceed to cure the default (and shall have a license to do so) by the payment
of money or performance of some other, action for the account of the Non -Performing Party.. the
foregoing right to cure shall not be exercised if within the forty-five (45) day notice period (i) the
Non -Performing Party cures the default, or (ii) if'the default is curable, but cannot reasonably be
cured within that time period, the Non-Petforming Party begins to cure such default within such
time period and diligently pursues such action to completion.. The forty-five (45) day notice
period shall not be required if, using reasonable judgment, a party deems that an emergency
exists which requires immediate attention„ In the event of such an emergency, the parties shall
give whatever notice to the Non -Performing Party as is reasonable under the circumstances..
b.. Within ten (10) days of written demand (including providing copies of
invoices reflecting costs) the Non -Performing Party shall reimburse the other parties for any sum
reasonably expended by them to cure the default in accordance with this Agreement; together -
with interest thereon, The Non -Performing Party hereby grants to the other parties non-exclusive
easements ° over and under any and all parts of their respective property for all purposes
reasonably necessary to enable the patties (or their agents, contractors, or subcontractors) to
perform any of* the terms, provisions, covenants, or conditions of'this Agreement that the Non -
Performing Party is obligated to perform but has failed to perform after notice and time to cure
pursuant to this Section 8(b).
C.- The unpaid amounts together with all accrued interest that the Non -
Performing Party owes the other parties pursuant to this section shall constitute a lien upon the
Non -Performing Party's right, title, and interest in and to the Non -Performing Party's lot to secure
repayment of such amounts.. The Parties shall have the right, but not the obligation, to record its
lien.. the Non -Performing Patty shall execute such instruments as the other Parties may
reasonably request to permit the recordation of such lien. The Non -Performing Party hereby
irrevocably designates the other Party as the Non -Performing Party's attomey-in-fact for the
purpose of' recording its lien pursuant to this section.. The other Party shall have the right to
foreclose such lien in the manner- provided by law..
{06505tr327448 DOC} 4
d.. In the event any party shall institute any action or proceeding against
another- party -relating to the provisions of this Agreement, or if any default hereunder•, or- to
collect any amounts owing hereunder, or ff an arbitration proceeding is commenced by agreement
of the parties to any dispute, the unsuccessful litigant in such action or proceeding shall
reimburse the successful litigant therein for costs and expenses incurred by the successful litigant
in connection with such action or proceeding and any appeals therefrom, including attorneys' fees
and court costs..
e.. All remedies are cumulative and.shall be deemed additional to any and all
other remedies to which the parties may be entitled in law or in equity.. The parties shall also
have the right to restrain by injunction any violation or- threatened violation by a party of any of
the terms, covenants, or, conditions of this Agreement, or- to obtain a decree to compel
performance of any such terms, covenants, or conditions, it being agreed that the remedy at law
for a breach of any such term, covenant, or condition (except those, if any, requiring the payment
of a liquidated sum) is not adequate.
9. Liens.. Grantee shall not allow any mechanics, laborers, materialmen's, or any
other- lien of any type or- nature whatsoever- to be placed against the Easement Area arising out of
any activity on the Grantee's Property by Grantee or its agents or employees.. If any lien is placed
against the Easement Area as a result of or- incident to any such activity of Grantee, the party of
Grantee causing the lien shall within thirty (30) days following receipt of notice from Grantor-
thereof'- (i) cause the same to be released and discharged of record; or (ii) at Grantee's cost, cause
a title insurance company, reasonably acceptable to Grantor, to issue insurance to Grantor and
any lender- designated by Grantor insuring over such lien, whether pursuant to deposit or- bond..
10. Recitals and Invalidation.. The recitals set forth at the beginning of this
Agreement are incorporated herein as if fully set forth in this Agreement.. If any provision of this
Agreement is held to be invalid by any court, the invalidity of such provision shall not affect the
validity ofthe remaining provisions.
11.. Documents.. Each party to this Agreement shall perform any and all acts and
execute and deliver any and all documents as may be necessary and proper under the
circumstances in order to accomplish the intents and purposes of this Agreement and to carry out
its provisions. In the event of any conflict between Sections 1 or 2 of this Agreement and the
REA, this Agreement shall control, Otherwise, the REA shall control.
12. Modifications and Amendments. Ihis Agreement may not be modified in any
respect whatsoever or- rescinded, in whole or- in part, except by written instrument duly executed
and acknowledged by all of the parties.
13. Grantee's Opportunity to Cure.. Notwithstanding anything in this Agreement or-
otherwise
rotherwise to the contrary and upon the occurrence of a default under this Agreement by Grantee,
the Grantee shall be entitled to thirty (30) business days (or more as reasonably necessary
provided Grantee promptly initiates the cure within the initial 30 -day period) to cure the default
following receipt of Grantor's notice of the default..
{06505/x327448 DOC} 5
14. No Mex er.. It is the express intent of the parties to this Agreement that the
easements and covenants granted hereunder shall not merge with the fee interest in the Grantor's
Property or the Grantee's Property.
15.. Binding Effect. the terms of this Agreement and all easements granted hereunder-
shall
ereundershall constitute covenants running with the land and shall inure to the benefit of and be binding
upon the signatories hereto and their, respective successors and assigns who become parties
hereunder,. Haggen shall remain a party until such time as the Haggen Lease is terminated or-
otherwise
rotherwise expires by its terms or- Haggen is otherwise released fiom its obligations thereunder..
This Agreement is not intended to supersede, modify, amend, or otherwise change the provisions
of any prior' instrument affecting the land burdened hereby.
16.. Singular and Plural.. Whenever required by the context of this Agreement, the
singular shall include the plural, and vice versa, and the masculine shall include the feminine and
neuter genders, and vice versa.
17. Counterparts and Signature Pages. Ihis Agreement may be executed in several
counterparts, each of which shall be deemed an original. The signatures to this Agreement may
be executed and notarized on separate pages, and when attached to this Agreement shall
constitute one complete document..
18.. Negation of'Partnershin. None of the terms or provisions of this Agreement shall
be deemed to create a partnership between or among the parties in their respective businesses or
otherwise, nor- shall it cause them to be considered joint venturers or members of any joint
enterprise.. Each party shall be considered a separate owner, and no party shall have the right to
act as an agent for another- party, unless expressly authorized to do so herein or by separate
,%mitten instrument signed by the party to be charged.
19. Not a Public Dedication. Nothing herein contained shall be deemed to be a gift or-
dedication
rdedication of any of the other lot or a portion thereof to the general public, or for any public use
or purpose whatsoever. Except as herein specifically provided, no right, privileges or immunities
of any party hereto shall inure to the benefit ofany third -party person, nor shall any third -patty
person be deemed to be a beneficiary of any of the provisions contained herein.
20, Excusable Delays. Whenever -performance is required of any party hereunder, that
party shall use all due diligence to perform and take all necessary measures in good faith to
perform; provided,, however, that if' completion of performance shall be delayed at any time by
reason of acts of God, war, civil commotion, riots, strikes, picketing or other labor disputes,
unavailability of labor or materials, damage to work in progress by reason of fire or, other-
casualty,
thercasualty, or any cause beyond the reasonable control of a party, then the time for performance as
herein specified shall be appropriately extended by the amount of' the delay actually so caused.
The provisions of this section shall not operate to excuse any party from the prompt payment of
any monies required by this Agreement..
{06505M2744$.DOC} 6
21. Captions and Capitalized Terms.. The captions preceding the text of each section
are included only for convenience of reference.. Captions shall be disregarded in the construction
and interpretation of the Agreement.. Capitalized terms.are also selected only for convenience of
reference and do not necessarily have any connection to the meaning that might otherwise be
attached to such term in a context outside of this Agreement..
22.. Notices.. All notices, demands, statements, and requests (collectively the "notice")
required or permitted to be given under this Agreement must be in writing and shall be deemed to
have been properly given or, served as of the date hereinafter specified: (i) on the date of personal
service upon the person to whom the notice is addressed or if' such person is not available the
date such notice is left at the address of the person to whom it is directed, (ii) on the date the
notice is postmarked by the United States Post Office, provided it is sent prepaid, registered or-
certified
rcertified mail, return receipt requested, and (iii) on the date the notice is delivered by a courier
service (including Federal Express, Express Mail, Emery or similar operation) to the address of
the person to whom it is directed, provided it is sent prepaid, return receipt requested.. The
address of'the signatories to this Agreement is set forth below:
Dick's: Dick's Drive -Ins, Ltd., L.R.
4426 — 2nd Avenue ME.
Seattle, WA 98105
Attn: Jim or Walt Spady
With a copy to: Lasher Holzapfel Sperry & Ebber son PLLC
601 Union Street, #2600
Seattle, WA 98101
Attn: Eugene W. Wong
Briar: Briar Development Company LLP
P.O., Box 29060
Bellingham, WA 98228-1060
Attn: Gary Hall
With a copy to: GordonDerr, LLP
2025 Fust Avenue, Suite 500
Seattle, WA 98121
Attn: Joel M., Gordon
Haggen: Haggen, Inc..
2211 Rim.land Drive
Bellingham, WA 98226
Attn: C..E.O.. & C.T.O..
[BALANCE OF PAGE LEFT BLANK]
{06505/I327448 DOC} 7
With a copy to: Akeiman Senterfitt
One SE Third Avenue, #2500
Miami, FL 33131
Attn: Carl D Roston & Martin G.. Burkett
Each party shall have the right from time to time and at any time, upon at least ten
(10) days' prior written notice thereof' in accordance with the provisions hereof, to change its
respective addiess and to specify any other address within the United States of America;
provided, however, notwithstanding anything herein contained to the contrary, in order, for the
notice of address change to be effective it must actually be delivered. Refusal to accept delivery
of a notice or the inability to deliver a notice because of an address change which was not
properly communicated shall not defeat or delay the giving of'a notice..
23.. Minimization of Damages.. In all situations arising out of this Agreement, all
parties shall attempt to avoid and minimize the damages resulting from the conduct of any other
party.. Each party hereto shall take all reasonable measures to effectuate the provisions of this
Agreement..
24. Agreement Shall Continue Notwithstanding Breach.. It is expressly agreed that no
breach of* this Agreement shall (i) entitle any party to cancel, rescind or, otherwise terminate this
Agreement, or (ii) defeat or render invalid the lien of'any mortgage or deed of'trust made in good
faith and for value as to any part of'the other's lot. However, such limitation shall not affect in
any manner any other rights or remedies which a party may have hereunder- by reason of'any such
breach..
25. Time.. Time is of -the essence of this Agreement..
26, Non Waiver The failure of a party to. insist upon strict performance of any of the
terms, covenants, or conditions hereof' shall not be deemed a waiver- of any rights or remedies
which they may have hereunder or, at law or- equity and shall not be deemed a waiver- of any
subsequent breach or default in any of'such terms, covenants, or conditions.
IN WITNESS WHEREOF the parties have signed this Agreement effective as of* the date
and year- fust above written.
BRIAR: GRANTEE:
BRIAR DEVELOPMENT COMPANY LLP DICK'S DRIVE-INS, LTD., L.P.
a Washington limited liability partnership a Washington limited partnership
By:
Its: Its: �. —&AP b..
(06505/x327448 DOC) 8
With a copy to: Akerman Senterfitt
One SE Third Avenue, #2500
Miami, FL 33131
Attn: Carl D.. Roston & Martin G• Burkett
Each party shall have the right fi•om time to time and at any time, upon at least ten
(10) days' prion written notice thereof in accordance with the provisions hereof, to change its
respective address and to specify any other address within the United States of America;
provided, however, notwithstanding anything herein contained to the contrary, in order for the
notice of address change to be effective it must actually be delivered. Refusal to accept delivery
of a notice or the inability to deliver, a notice because of an address change which was not
properly communicated shall not defeat or delay the giving of a notice.
23. Minimization of Damages.. In all situations arising out of this Agreement, all
parties shall attempt to avoid and minimize the damages resulting from the conduct of any other-
patty..
therparty.. Each party hereto shall take all reasonable measures to effectuate the provisions of this
Agreement..
•24.. Agreement Shall Continue Notwithstanding Breach.. It is expressly agreed that no
breach of this Agreement shall (i) entitle any party to cancel, rescind or, otherwise terminate this
Agreement, or (ii) defeat or tender- invalid the lien of any mortgage or deed of trust made in good
faith and for value as to any part of the other's lot.. However, such limitation shall not affect in
any manner any other- rights or remedies which a party may have hereunder- by reason of any such
breach..
25. Iime. Time is of the essence ofthis Agreement.
26.. Non Waiver.. The failure of a party to insist upon strict performance of any of the
terms, covenants, or conditions hereof' shall not be deemed a waiver of any rights or remedies
which they may have hereunder or at law or equity and shall not be deemed a waiver of any
subsequent breach or default in any of such terms, covenants, or conditions.
IN WIINESS WHEREOF the parties have signed this Agreement effective as of' the date
and year first above written..
BRIAR DEVELOPMENI COMPANY LLP
a Washington limited liability partnership
Y.
Its:
(06505/[327448 DOC) 8
GRANTEE:
DICK'S DRIVE-INS, LTD.., L..P..
a Washington limited partnership
By:
Its:
HAGGEN:
HAGGEN, INC..
a Washington coipoiation
lM
By: Zo Wia-6 aqSAJ
Its:
SIATE OF WASHINGTON )
) ss..
COUNTY OF )
I certify that I know or have satisfactory evidence thatsigned this
-instrument, on oath stated that he/she was authorized to execute "Ie instrument and
acknowledged it in his/het capacity as the far 4ne,r of Briar Development
Company LLP to be the free and voluntary act of such partnership for the uses and purposes
mentioned in the instrument„
Dated this 12'60 day of October, 201 L
skM
(Signature)
(Printed Name) gti^;>►rcn
Notary Public in and for the State
of Washington, residing at C,,.g+w
My commission expires g- rj- zoiq
(065O5n327448 DOC) 9
STAIE OF )
) ss.
COUNTY OF 1,Jb0+rM►n )
I certify that I know or have satisfactory evidence that Fnah SkC�1P�n5 signed this
instrument, on oath stated that he/she was authorized to execute the instrument and
acknowledged it in his/her capacity as the CF Q of HAGGEN, INC. to be the
fi-ee and voluntary act of such company for the uses and purposes mentioned in the instrument.
Dated this 12,7� day of October, 2011..
: V 0TA/jyp�� =
'AvB4�G J 2
Z
N#
STATE OF WASHINGTON )
) ss.
COUNIY OF )
(SrEgnature)
(Printed Name) L-T)
Notary Public in and for the State
of, residing at. BrA t n�►ha►,-,
My comm ssion expires 0 -7 - of - 7n 1
I certify that I know or have satisfactory evidence that signed this.
instrument, on oath stated that he was authorized to execute the instrument and acknowledged it
in his capacity as the of DICK'S DRIVE-INS., LID.., L.P.. to be the free
and voluntary act of such limited partnership for the uses and purposes mentioned in the
instrument..
Dated this
day of October, 2011.
(Signature)
(Printed Name)
Notary Public in and for- the State
of Washington, residing at
My commission expires
{06505/1327448 DOC} 10
SIAIE OF }
) ss..
COUNIY OF )
I certify that I know or have satisfactory evidence that signed this
instrument, on oath stated that he/she was authorized to execute the instrument and
acknowledged it in his/her capacity as the of HAGGEN, INC. to be the
free and voluntary act of'such company for the uses and purposes mentioned in the instrument.
Dated this day of October, 2011..
(Signature)
(Printed Name)
Notary Public in and for the State
of" , residing at
My commission expires
SIAIE OF WASHINGTON)
) ss
COUNTY OF %/v )
I certify that I know or have satisfactory evidence that c�� SF's -A signed this
instrument, on oath stated that he was authorized to execute the instrument and acknowledged it
in his capacity as the . P or GPof DICK'S DRIVE-INS., LID.., L. P. to be the fi•ee
and voluntary act of such limited partnership for the uses and purposes mentioned in the
instrument..
Dated this 0* day of October, 2011
.a •s
Notary Public
State of Washington
JEAN M44ER
Mjt Appel ei nt Expires Mar 1, Zoi4
,/�dfA&
(r fuze) few, ,n „ Y-WTl ted Name) �j�(
Lary Public inand for the e
of Washington, residing at
My commission expires
(06505/T327448 DOC) 10
EXHIBIT "A"
(Cnantor's Propeity)
LOT 1, CIIY OF EDMONDS SHORT' PLAT RECORDED UNDER AUDITOR'S FILE
NUMBER 200307295008, RECORDS OF SNOHOMISH COUNTY, WASHINGTON,
BEING A PORTION OF TRACTS 40, 41 AND 42, SOLNER`S FIVE ACRE TRACTS,
ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 7 OF PLATS, PAGE
25, RECORDS OF SNOHOMISH COUNTY, WASHINGTON, LOTS 4 THROUGH 9,
BLOCK 1 AND LOTS 6 THROUGH 11, BLOCK 2, PINE -LAND ADDITION,
ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 13 OF PLATS,
PAGES 50 AND S1, RECORDS OF SAID COUNTY, LOTS 6 THROUGH 11, WILLERS
ADDITION, ACCORDING TO THE PIAT THEREOF, RECORDED IN VOLUME 14 OF
PLATS, PAGE 13, RECORDS OF SAID COUNTY, AND PORTIONS OF VACATED
219TH STREET S.W. AND VACATED 21 STH S TREET S.W..
SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON..
[END OF EXHIBIT "A"]
(065058327448 DOC) I I
EXHIBIT "B"
(Grantee's Property)
LOT 2, CITY OF EDMONDS SHORT PLAT RECORDED UNDER AUDITOR'S FILE NUMBER
200307295009, RECORDS OF SNO140MISH COUNTY, WASHINGTON, BEING A PORTION OF
TRACTS 40, 41 AND 42, SOLNEWS FIVE ACRE TRACTS, ACCORDING TO THE PLAI
THEREOF, RECORDED IN VOLUME 7 OF PLATS, PAGE 25, RECORDS OF SNOIIOMISH
COUNTY, WASHINGTON, LOTS 4 THROUGH 9, BLOCK I AND LO'T'S 6 THROUGH 11,
BLOCK 2, PINE -LAND ADDITION, ACCORDING TO THE PLAT THEREOF, RECORDED IN
VOLUME 13 OF PLATS, PAGES 50 AND 51, RECORDS OF SAID COUNTY, LOTS 6 THROUGH
11, WILLER'S ADDITION, ACCORDING IO THE PLAT THEREOF, RECORDED IN VOLUME
I4 OF PLATS, PAGE 13, RECORDS OF SAID COUNTY, AND PORTIONS OFVACATED 2I9III
STREET S.W. AND VACATED 2I8TH STREET S..W.
SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON.
[END OF Ekl4lBIT "B"]
;06505n327448 DOC) 12
EXHIBIT "C"
(Easement Azea)
.r. -Ar pawim O d IF 11 CNN OF Z4WW ,%MRT FIAF RC A? .L AkrrV?
ltdStV DEONACD AS r"OUOCM9NOW AT Dif S LIOVST MMER
or LOT 2, SKID SwWT � T 1) X—F .ALS ;71E 5-ounimy or SW LOT
MW21.7'51V FEET M A M)MV M NEE I.EF7 MMVA AWN.4 OF' 17.50
S25 i N dig NAW �i��E pr1=1F��i+',�i�iyL,�};}�y�'S (L.i�l yt�S{Y'1MWNG��ij�WY'I�i r��� a pDB Yp.�fS�T . j� �{��
.�r2' KE hV9P di�i�!�SI.Slifl.�REA F.F'!Sil�' `5 -ORNE— i rA 6.ZM; LIR S.X47FO 'OP
SOC 24'177 MZO FEET TO PAW OF REGO"MrZ
tr nwTMaaw r2.14
L9 N34'2TJ7�Y :7L ]3
is n+s�•re'�r�v 7.93^
L; $251 r34 w it 83
L5 S2511r341V 1911"
LS n2.sWv2s± rs W
PMKOJI
LOT
!.e ccauW_Lor, for s) ,
EX1AST PREAMP FM ACM$ CRW W$
aegwV or M
f1li MR41Ft f/tlIZK—L:IHi. ^NQ
CRONES & ASSOC
A LL -ND SURMORS
W;rv1o.-di,
MW rK:W " If rag.r wa #M �.V-"
Vffr 2 ar 2
(06505x[327448 DOC) 13
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