APPROVED BLD2023-0750 RECORDED EARLY LEARNING COVENANTRECEIVED
BLD2023-0750
Oct 19 2023
CITY OF EDMONDS
DEVELOPMENT SERVICES
DEPARTMENT
Return Recorded Instrument To:
City of Edmonds — Clerk's Office
121 5'h Ave. N. Edmonds. WA 98020
202310180221
COVENANTS Rec: $208.60
10/18/2023 2:14 PM 6 PG
SNOHOMISH COUNTY. WA
Document title: Covenant Regarding Early Learning Facility
Property Address: 21010 76" AV W, Edmonds, WA 98026
Assessor's Parcel Number: 006143000001604
Abbreviated Legal Willowdale Gardens Div 1 Blk 000 D-04-S50 FT OF N 176`h FT of
Description: lot 16
Grantor: —Sky Properties 8, LLC
Grantee: City of Edmonds
Related Permit Number(s): BLD2023-0750, PLN2023-0038, BLD2023-1056. BLD2023-)163,
BLD0050
COVENANT
REGARDING EARLY LEARNING FACILITY
Compliance with the provisions of this Covenant is a requirement of title.
This Covenant Regarding Early Learning Facility ("Covenant") is entered into as of the _07— day
of ' , 2023, by the undersigned owner(s) of real property legally described in Exhibit A
hereto, Sky Properties 8, a Washington limited liability company (the "Owner"), in favor of the
City of Edmonds, Washington, a municipal corporation (hereafter "the City") as required for the
issuance to the Owner or Owner's tenant of a permit allowing the construction and/or use of the
property described in Exhibit A hereto ("the Property").
RECITALS
WHEREAS, the City, in consideration for this Covenant, has provided Owner or Owner's tenant
an exemption from paying eighty (80) percent of the City's street impact fees, as allowed in ECC
3.36.040.13, which amounted to $ 4979.62 at the time of project permitting; and
WHEREAS, the City, as additional consideration for this Covenant, has provided Owner or
Owner's tenant an exemption from paying eighty (80) percent of the City's park impact fees, as
allowed in ECC 3.36.040.D, which amounted to $ N/A at the time of project
permitting; and
WHEREAS, Owner has benefited from these incentives; and
WHEREAS, Owner operates, or has allowed a tenant to operate, an early learning facility on the
Property; and
WHEREAS, at the time this Covenant was recorded, the early learning facility on the Property
qualified for the above -referenced impact fee exemptions; and
WHEREAS, the intent of this Covenant is ensure compliance with ECC 3.36.040.D, which at the
time of recording, read as follows:
Early learning facilities shall be exempt from paying 80 percent of street and park
impact fees; provided, that the early learning facility satisfies the conditions of
this subsection. Such exemption shall be conditioned upon the developer
recording a covenant that requires that at least 25 percent of the children and
families using the early learning facility qualify for state subsidized child care,
including early childhood education and assistance under Chapter 43.216 RCW,
and that provides that if the property is converted to a use other than for an early
learning facility, the property owner must pay the applicable impact fees in effect
at the time of conversion, and that also provides that if at any point during a
calendar year the early learning facility does not achieve the required percentage
of children and families qualified for state subsidized child care using the early
learning facility, the property owner must pay the remaining impact fee that
would have been imposed on the development had there not been an exemption.
The covenant shall also require the owner to submit an annual report to the city
along with supporting documentation that shows that the early learning facility is
in compliance with the covenant. The covenant shall be an obligation that runs
with the land upon which the early learning facility is located. The covenant shall
be in a form acceptable to the city attorney and shall be recorded upon the
developer's payment of the remaining 20 percent of the impact fees. ; and
NOW THEREFORE, the undersigned DECLARANT, being the Owner of the Property, hereby
covenants and agrees, on behalf of himself/herself/themselves/itself and his/her/their/its
successors and assigns, as follows:
DEFINITIONS
The following terms shall have the meanings defined herein:
A. "Early learning facility" means a facility providing regularly scheduled care for a group of
children one month of age through twelve years of age for periods of less than twenty-four hours.
COVENANTS
1. State Subsidized Child Care Requirement. At least twenty-five percent (25%) of the
children and families using the early learning facility on the Property must qualify for
state subsidized child care, including early childhood education and assistance under
chapter 43,216 RCW.
2. Annual Report. Owner shall submit an annual report to the City along with supporting
documentation that shows that the early learning facility is in compliance with Section 1.
3. Audit. The City shall have the right to audit the records of the early learning facility on
the Property to determine compliance with Section 1.
4. Remedy for Breach of Section 1. If the early learning facility fails to comply with
Section 1 for an entire calendar year, Owner must pay twenty percent (20%) of the
impact fees set forth in the recitals within ninety (90) days of the City notifying the
Owner of the breach. Any amounts not paid as described in this Section shall become a
lien upon the Property with the unpaid balance bearing interest at the maximum rate of
interest permitted at that time under RCW 19.52.020.
5. Conversion To Another Use. If the Property, or the portion of it that was designated as an
early learning facility at the time of this Covenant, is converted to a use other than an
early learning facility, Owner must pay the impact fees applicable to the new use,
applying the impact fee amounts in effect at the time of conversion, less an amount equal
to twenty percent (20%) of the use as an early learning facility.
6. Notice of Change of Use. Owner shall inform the City in writing thirty (30) business days
prior to any conversion or change of use, regardless of whether the conversion or change
of use would otherwise require a permit from the City.
Written notice via U.S. mail to:
City Engineer
City of Edmonds
121-5th Ave. N
Edmonds, WA 98026
7, Enforcement Actions. This Covenant may be specifically enforced against the Owner or
any successor in interest of the Owner. Venue for such action shall be proper in
Snohomish County, Washington, and service may be made or notice may be given by
posting such service or notice on the Property. Enforcement actions may include, without
limitation, collection of impact fees owed, foreclosure of the lien included herein, or
other available remedies.
8. Running Covenant. This Covenant shall be perpetual, shall run with the land and in favor
of the City of Edmonds, and shall be recorded by the Owner in the real property records
of Snohomish County.
9. Extinguishment. Upon the City's receipt of all impact fees owed pursuant to Section 5,
above, the City shall record a document that extinguishes this Covenant.
10. Severability. If any provision of this Covenant shall be held by a court of proper
jurisdiction to be invalid, illegal or unenforceable, the remaining provisions shall survive
and their validity, Legality or unenforceability shall not in any way be affected or
impaired thereby.
OWNER:
N Pe
[Sky roperties LC] staft o tl
BY: [Hoi W i uen] LICIENSIE 0 2
ITS: f Propert Manager] MY COMMMW
JUIN 29,
State of`�+►,n o )
) ss
County of __SI%"AX ,'V-j6 )
Notary Public in and for the State
of Washington, hereby certify that on this 11+" day of ()c'ota�_ - , 2g7-1 ,
personally appeared before me, Not, w o-, to
me known to be the individual(s) described in and who executed the within instrument
�r L
and acknowledged to me that he/she/they signed UokA+ Re Ty �'�'''rn j F4t' 1 Y
document as a free and voluntary act and deed, for the uses and purposes therein
mentioned.
Given under my hand and official seal this Lj!� day of CiL-to L.- , 2g 23
(Seal or Stamp) (Signature)
lb"c
hington
�fFwARY (Print name)
10249M
N EXPIRES
2025 Title P') f' !t,
Residing at _ 1-7-ar-r-t f# u A
,
My appointment expires:` 2
EXHIBIT A
LE A eAL DESCRIPTION
[inseri fill legal description from title report here]
WILLOWDALE GARDENS DIV 1 BLK 000 D-04 — S 50 FT OF N 176 FT OF LOT 16