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Appellant's Exhibit 18 (as referenced in June 30, 2017 Appellant WPDC Cleveland LLC's Witness and Exhibit List) ---PAGE BREAK--- Hearing Examiner Sharon A. Rice 2 3 4 5 6 7 BEFORE THE HEARING EXAMINER FOR THE CITY OF REDMOND 8 In the Matter of the SEPA Appeal of File Nos: BLDG-2016-09802 BPLN2016-02092 9 10 WPDC CLEVELAND, LLC 11 DECLARATION OF KEVIN R. WALLACE 12 of approved Building Permit BLDG-2016- 09802/BPLN-2016-02092 authorizing alterations to the structure at 16390 Cleveland Street, Redmond Issued February 17, 2017. 13 14 15 16 KEVIN R. WALLACE , being first duly sworn upon oath, deposes and says: I am over the age of 18, and competent to testify in a court of law as to the matters asserted herein. I am a licensed attorney on inactive status in the State of Washington, the President and Chief Operating Officer of Wallace Properties and the registered agent and manager of Appellant WPDC Cleveland, LLC in this matter. I have personal knowledge of the facts and circumstances set out in this declaration. In May 2012, WPDC Cleveland, LLC (“WPDC”) acquired the real property located at 16330 Cleveland Avenue, Redmond, WA 98052, which real property and then- existing improvements are described and depicted in the ALTA survey prepared by Continental Surve3ang Co. dated March 12, 2012, a true and correct copy of which is 17 1. 18 19 20 21 22 2. 23 24 25 26 SCHWABE, WILLIAMSON & WYATT, P.C, AtlOfTiftyS d! Lbw 1420 filh Avonu«. S40o SealUe, WA QBIDMOIO Tfl^ophom: 2W,6Z2.17t1 DECLARATION OF KEVIN R. WALLACE -1 PDXM 31246\22172J\AAL\20566451.3 Appellant WPDC Cleveland's Exhibit 18 - Page 1 of 22 ---PAGE BREAK--- attached hereto as Exhibit A (“ALTA Survey”). The real property and improvements owned by WPDC include the existing 27-stall parking lot and building that comprise all of the site in the ALTA Survey (“WPDC Property”), except the building / (southwest) comer of the survey. The building / area shown in the lower right (southwest) comer of the ALTA Survey is the real property and existing building located 16390 Cleveland Street, Redmond, WA 98052, which is the proposed site of the Origins Cannabis retail marijuana sales business at issue in the above-captioned appeal (“Project Site”). The WPDC Property surrounds and abuts the Project Site on the west and north sides; the parking lot and garbage / recycling areas of the WPDC Property abut the exterior of the building on the Project Site. Since March 2014, Redprime, LLC dba the Prime Steakhouse has leased the WPDC Property to operate the Prime Steakhouse restaurant. Per the terms of the lease, WPDC invested $112,500 in tenant improvements for the site, and the tenant (Prime Steakhouse) cannot sublet, encumber or otherwise allow any third-party to use any poprtion of the WPDC Property without WPDC’s consent. The Project Site has no parking onsite and no exterior garbage / recycling facilities onsite. The Project Site has no easement ri^ts over any portion of the WPDC Property, other than a five-foot wide maintenance easement around the exterior. The easement cannot be used for construction, parking, garbage / recycling, deliveries or any other purpose other than to maintain the exterior of the existing building. Since at least May 2012, the building on the Project Site has appeared to be vacant, unoccupied and locked up. I have made many visits to the Prime Steakhouse and other nearby businesses over the past five years, and I have never seen any person enter or leave the building on the Project Site. When WPDC acquired the WPDC Property, we also made an effort to acquire the Project Site. The then-owners were, in my opinion, asking too much for the Project Site Property, so we declined to acquire it. For at least the past five SCHWABE, WiaiAMSON & WYATT, P.C. AnDmoys si Law 1420 $lhAvanue, Suite 3400 Seatlle.WA OSIOMDIO Telophona: 206,622.1711 1 2 in the lower right area 3 4 5 3. 6 7 8 9 10 4. 11 12 13 14 15 16 5. 17 18 19 20 6. 21 22 23 24 25 26 DECLARATION OF KEVIN R. WALLACE - 2 PDX\131246\221725\AAL\20566451.3 Appellant WPDC Cleveland's Exhibit 18 - Page 2 of 22 ---PAGE BREAK--- years, the Project Site building has been empty and abandoned. WPDC first learned of the Origins Project when I received an email from local architect Rick Drifhneier on February 22, 2017, who alerted me that construction activities were occurring in the building on the Project Site. As of that date, WPDC had not received any notice of any permit application or permit approval for any activity on the Project Site from the City of Redmond. On February 24, 2017, I contacted City planner Gary Lee to inform him that we would file an appeal and asked that, as a courtesy, he notify the applicant to avoid the applicant incurring any unnecessary expense. A true and correct copy of my email to Mr. Lee is attached hereto as Exhibit B. On March 2, 2017, WPDC filed an appeal of the Origins Project permits to- date, including appealing the lack of notice and the City’s unlawful piecemeal processing and approval of a building permit and change of use permit without other necessary permits, On March 15, 2017, I attended the pre-hearing conference for this appeal before Hearing Examiner Rice. During the pre-hearing conference, 1 learned (again for the first time) that the City had issued some sort of “stop work” order to the Origins Projeet applicant and was requiring the applicant to submit the other related, necessary permits. On March 31, 2017, WPDC received a notice dated March 29, 2017 from the City of Redmond for a Site Plan Entitlement permit for the Andorra project, permit file number LAND-2017-00290, a true and correct copy of which is attached hereto as Exhibit C. That same day, I reviewed the City’s website page for the Design Review Board and reviewed the documents provided by the City and applicant for the City’s April 6, 2017 Design Review Board public hearing on the Andorra Site Plan Entitlement Application. The linked materials referred to the “Origin’s Tenant Improvement and Change of Use” for the Origins Cannabis project located at 16390 Cleveland Street, Redmond, WA. On behalf of WPDC, my attorney Aaron Laing and I attended the Design Review Board public hearing and provided comments on the Andorra Site Plan Entitlement DECLARATION OF KEVIN R. WALLACE - 3 1 2 7. 3 4 5 6 7 8 9 10 8. 11 12 13 9. 14 15 16 17 10. 18 19 20 21 22 23 24 25 11. 26 SCHWASe, WILLIAMSON & WYATT. P.C. at Law ^A2Q 6tn Avbtuol Sulln 3400 Seattle. WA 00101-4010 Telephone; 2O6.022.1711 PDX\131246\221725\AAL\20566451.3 Appellant WPDC Cleveland's Exhibit 18 - Page 3 of 22 ---PAGE BREAK--- Application, reiterating WPDC’s objections to the Origins Project and the noting the already- occurring impact the project was having on the Prime Steakhouse. During the meeting, a half dozen or so other nearby business owners testified and raised concerns about the lack of 1 2 3 notice and parking and other impacts. Since late-February 2017, I have verbally communicated with the Prime Steakhouse owner Jason Bailey and numerous occasions. Mr, Bailey has shared with me his 4 12. 5 6 fhistration at having the project applicant’s representatives and contractors park in the Prime porta-potty and building materials on the lot. April 6, Mr. Bailey shared with me that 7 Steakhouse parking lot and delivery of Shortly before the Design Review Board hearing the applicant’s representative (Sean Miller) had spoken with him in late-February and asked a 8 on 9 10 if the Origins Project could lease parking spaces fi-om Prime Steakhouse because, as Mr. Miller put it, “my customers are going to use your lot anyway. If Prime Steakhouse is forced to spend time and resources policing its parking 11 12 13. 13 lot or lose customers because the Origins Project has no parking, delivery area, or garbage / recycling area, then Prime Steakhouse may fail as a business and thereby deprive WPDC of rent and require WPDC to seek to release the premises. The Origin Cannabis business’s impact on the WPDC Property parking lot will diminish the attractiveness and viability of the WPDC Property and reduce or eliminate potential rents and leasing opportunities. WPDC must protect its substantial investment in the WPDC Property, including the tenant improvement allowance it spent for the Prime Steakhouse. Also, as has already occurred, the Origin’s Project’s representatives and contractors have trespassed repeatedly on the WPDC Property. It is inconceivable that the Origins Project can be constructed and / or operated without further trespass as the building occupies the whole Project Site. WPDC has a right to prohibit any use of the WPDC Property by any person or entity, other than the Prime Steakhouse, and is prepared to file suit and seek a temporary restraining order and permanent injunction to prohibit further DECLARATION OF KEVIN R. WALLACE - 4 14 15 16 17 18 19 20 14. 21 22 23 24 25 26 SCHWA3E, WILLIAMSON & WYATT. P.C. Att^ayB«[ Law 1A20 ^ AVYluli. Suite 3400 Seattle. WA M10M010 Telephone: [PHONE REDACTED] PDXU31246\221725\AAL\20566451.3 Appellant WPDC Cleveland's Exhibit 18 - Page 4 of 22 ---PAGE BREAK--- 1 intrusions by the Origins Project applicant, representatives and contractors. As part of the Design Review Board process, I learned that the applicant had represented that it was seeking to lease one or more required parking spaces in the parking lot serving the Key Bank across 164*** Avenue from the Project Site. Wallace Properties President Robert Wallace and I communicated with Key Bank’s representatives and confirmed that no such arrangement had been made or approved, as stated in an April 10-12, 2017 email string, a true and correct copy of which is attached hereto as Exhibit D. Per the King County online GIS and Google Maps online measurement tool, the Project Site is less than eight hundred feet (800’) as measured from the Project Site’s closest property line to the closest property line of the Redmond Downtown Park, which has an approved, funded Master Plan to construct (among other things) a splash playground for children. Construction on the Downtown Park project has been imderway since sometime last fall. 2 15. 3 4 5 6 8 16. 9 10 11 12 13 14 By allowing the Origins Project to be sited less than one thousand feet (1,000’) from the Downtown Park, WPDC is harmed as it would not otherwise have to address the trespass, parking and related traffic impacts associated with having the proposed business located on the adjacent, abutting property. If the Origins Project were moved at least two hundred feet (200’) farther away from the WPDC Property, then it would be much less likely that employees, customers, delivery personnel, garbage / recycling collectors and other persons associated with Origins Cannabis business would trespass on the WPDC Property. 17. 15 16 17 18 19 20 21 22 / declare under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct to the best of my knowledge and belief. DATED this day of April, 2017 at Bellevue, Washingtoiy' 23 24 25 26 -Kevin R. Walkce & WYATT, P.C. at Low H20 Sth Avoiwfl. SmHo 3400 08101-4010 Telephone: [PHONE REDACTED] DECLARATION OF KEVIN R. WALLACE - 5 PDX\131246\221725UAL\2056645I.3 Appellant WPDC Cleveland's Exhibit 18 - Page 5 of 22 ---PAGE BREAK--- EXHIBIT A Appellant WPDC Cleveland's Exhibit 18 - Page 6 of 22 ---PAGE BREAK--- laa A' ■it w Nomi Altef^ Appellant WPDC Cleveland's Exhibit 18 - Page 7 of 22 ---PAGE BREAK--- B Appellant WPDC Cleveland's Exhibit 18 - Page 8 of 22 ---PAGE BREAK--- Lainq, Aaron M. Kevin Wallace < [EMAIL REDACTED]> Friday, February 24, 2017 8:01 AM g lee@ red mo nd.gov Courtney Skony; Laing, Aaron Reimers, Milt Robert Wallace 16390 Cleveland, Permit #BLDG-2016-09802 From; Sent: To: Cc; Subject: Mr. Lee, I represent the owner of the property at 16330 Cleveland, where the Prime restaurant is located. Two days ago we became aware of construction work being undertaken in the warehouse that neighbors our property, and that the City of Redmond had issued a permit for the construction. As a courtesy to our neighbor I am alerting you to the fact that we will be filing an appeal of the permit next week. I encourage you to inform the owner of 16390 Cleveland so that they decide whether to continue to spend additional money on construction in the warehouse. can Wallace Properties, Inc. 330112'^Ave. NE#200 Bellevue, WA 98004 (425) 278-6363 (Direct) (425) 802-5701 (Cell) 1 Appellant WPDC Cleveland's Exhibit 18 - Page 9 of 22 ---PAGE BREAK--- EXHIBIT C Appellant WPDC Cleveland's Exhibit 18 - Page 10 of 22 ---PAGE BREAK--- CityofRedmond WABHINBTON Date: March 29, 201 7 SUBJECT: Andorra Dear City of Redmond Property Owner: The City of Redmond has received an aopUcatlon to develop land that is within 500' of vour property. Since the proposal is close to your property and the proposal might affect you, your property, or your neighborhood, the City is sending you this letter and the enclosed materials for you to review. With this letter, you will find the following: 1. A vicinity map showing the proposal's location. 2. A public notice describing the proposal, and the methods and deadlines for you to provide comments to City staff. 3. A preliminary site layout Illustrating the proposal's design. 4. A process flow chart illustrating where, when, and how you can submit comments. 5. A preliminary tree preservation plan (only if tree removal is proposed). The City invites you to comment on this proposal. You may submit your written comments to the City (see the enclosed public notice for contact information). Comments may be mailed, e-mailed, or faxed. You should feel free to share this with neighbors. Some neighbors may not have received this packet. People not receiving notices are often those neighbors who recently purchased their property or whose property Is over 500' from the proposal. Although not officially notified, these neighbors may provide comments also. To receive future notices, they may also request to be a "party of record". To become a party of record an interested person should call, write, or e-mail the contact person, and request to be a party of record. The City of Redmond looks forward to receiving your comments or answering your questions. Finally, on behalf of the City, I thank you for your interest and participation in your community, the City of Redmond. Sincerely, Robert G. Odie Director of Planning and Community Development Appellant WPDC Cleveland's Exhibit 18 - Page 11 of 22 ---PAGE BREAK--- 1 VICINITY MAP Project Name; Andorra Address: 16390 Cleveland Street Parcel Number(s): [PHONE REDACTED] < \ £ 1 1 I. tm ST, i 61 ¥1 ST NE JSTitti ST lU ■SE; ?r > i!g; < 7m ay sir ^ s so. A t ■ * ) I Project Location O' x- 7:t S09 ■i ' Appellant WPDC Cleveland's Exhibit 18 - Page 12 of 22 ---PAGE BREAK--- City of Redmond Notice of Application For more Information about this project visit vmw.redmond.gov/landuseapps CltyofRBdinond Important Dates Protect Information Project Name: Andorra Application Type: Site Plan Entitlement Application & Completeness Date: March 21,207 7 Notice of Application Date: March 29, 2017 To allow a minimum comment period as specified In RZC, the aty will not Issue a decision on this project prior to Aor 19. 2017. If date ends on a weekend or holiday comments are due on the next business day. File Number: LAND-2017-OO290 Project Description: Improvements to existing structure with Interior & exterior renovations and conversion to Retail and future potential use of 1,500 sf for retail marijuana sales. Project Location: 16390 Cleveland ST Reoulatorv Information Zoning: Old Town Site Address. If Applicable: 16390 CLEVELAND ST Comprehensive Plan Designation: Downtown Mixed Use Size of Subject Area In Acres:0,07 Sq.Ft. 0 Consistent with Comprehensive Plan: Yes Applicant: Sean Miller Applicable Development Regulations: Redmond Municipal Code & Zoning Code (see attached flow chart) Process Type: A Public Hearing Is not required for this application type. Public Comment Required Permits, not a part of this application: Building Permits Although comments are accepted up until the decision Is Issued, submittal of comments during the comment period required in RZC, Will ensure comments are considered prior to Issuing a decision and will allow staff and/or the applicant to address comments as early in the process as possible. In addition, persons who want to be informed of future actions or would like to become a party of record on this proposal must provide their name and mailing address to the project planner. Submit written comments or name and address to be added as a party of record to the City of Redmond Planning Department, Development Services Center 15670 NE BSth street, P.O. Box 97010, Mall Stop 2SPL, Redmond, WA 98073-9710, or fax to [PHONE REDACTED]. The final decision on this proposal may be appealed according to the City appeal provision specified in RZC Chapter 21.76, Review Procedures. Required Studies: None Existing Environmental Documents, relevant to this application: None City Contact Information Project Planner Name: Cary Lee Phone Number: [PHONE REDACTED] Email: glee@)redmond.gov Appellant WPDC Cleveland's Exhibit 18 - Page 13 of 22 ---PAGE BREAK--- Public Comment Form CltyoIRsdinond File Number. LAND-2017-00290 Project Name: Andorra Contact Information Email: Phone: Name: Zip Code: State: Address: Comments (Attach additional sheets If necessary^ Appellant WPDC Cleveland's Exhibit 18 - Page 14 of 22 ---PAGE BREAK--- t BMMKUr I sis \ \ N 0 5 10 SITE PLAN (D \ fr-SWff « \ Appellant WPDC Cleveland's Exhibit 18 - Page 15 of 22 ---PAGE BREAK--- Process Flow Chart for: Site Plan Entitlement Applications Site Plan Entitlement applications follow the Type II process. The Type II process includes review by the Technical Committee, with the Technical Committee as the decision maker. Design Review Board approval is typically required. There is no public hearing requirement. # Appellant WPDC Cleveland's Exhibit 18 - Page 16 of 22 ---PAGE BREAK--- Denotes Action Point for Interested Parties Denotes Applicant Action ] Denotes City Action Application Submitted [ I Notice of Application FoBteiVMailed Technical Committee Review I Technical Committee requests Additional Information from applicant OR is ready to issue a decision on the application If Additional Information is needed Application resubmitted by applicant 2nd Technical Committee review If Design Review Board Review is Required Cycle repeats until Technical Committee is ready to issue a decision If Technical Committee is decis on IfDRB approval is required, there is typically at least one consultation meeting and one decision meeting to review and issue a decision on architectural, site and landscape design. The DRB decision is required prior to Technical Committee issuing a decision on project. The DRB decision is included in the decision issued by the Technical Committee ssue a rea Notice of Decision is mailed to Parties of Record * If appealed. Notice of Appeal Hearing Sent to Parties of Record I Appeal Hearing Held I Hearing Examiner issues decision on appeal I If Hearing Examiner's Decision on Appeal is appealed to the City Council, notice of Closed Record City Council Appeal Hearing is sent to all parties entitled to participate in hearing i Closed Record City Coimcil Appeal Hearing Held I City Council issues decision on appeal Appellant WPDC Cleveland's Exhibit 18 - Page 17 of 22 ---PAGE BREAK--- ^ Notes on Participation Points 1-9 Notice of AoPlicsHon for fcompletad within 14 davs of aopltcatlonl: Sent to: Applicant, property owners and residents wUhln 500 feet Posted: On site, City Hall. Library, Internet. Who May Participate? Any Interested party may submit comments prior to decision to establish thomaelves as Party of Record. You must become a Party of Record to reserve right to appeal the Technical Committee’s Decision. Allhouah comments are accepted oo until the decision Is Issued, submitteLof comments period Is ancouraceri aHnw staff and/or the applicant to Incorporate changes as early In the design orocegs as possible. #2-Deslan Review Board Review Hf requlredl: Notice: Notices of ORB meetings are not provided on a project specific basis. However DRB meetings are held regularly on the and Thursday evenings of each month (with some exceptions). Mfiio May Participate? kny Interested party may attend the Design Review Board meetings and may submit comments at the meetings. Can t appeal the Design Review Board's Decision? The DRB decision and associated conditions are Incorporated into the Technical decision for the project. Therefore, If one wishes to appeal a DRB condition, one must wait until the Technical Committee Issues the final decision on the project and follow the appeal procedures noted therein. #3-Notl06 of Decision tsent the day of decision issuance): Sent to: Applicant and Parties of Record Posted: No posting on site Can the decision be appealed? Yes, the Technical Committee decision may be appealed to the Hearing Examiner. However only the applicant and Patties of Record can appeal. When must an appeal be submitted? Appeals must be submitted by 5:00 p.m. on the 14*' day following the Issuance of the decision. #4-Notlce of Hearing Examiner Appeal Hearing; Sent to: Applicant and Parties of Record Posted: No posting on site Hearing Examiner Appeal Hearing Held: tVfio can participate? The appellant, the applicant and the City shall be designated parties to the appeal. Each party may participate In the appeal hearing by presenting testimony or calling witnesses to present testimony. Interested persons, groups, associations, or other entities who have not appealed may participate only if called by one of the parties to present Information; provided, that the Examiner may allow non-parties to present relevant testimony If allowed under the Examiner’s rules of procedure. #6-Haarina Examinar Issues decision on appeal: When: The decision is Issued within 14 days after hearing Who receives the decision? Applicant, appellant and anyone who participated In the hearing Who can request reconsideration? Any person who participated in the hearing may file a request for reconsideration with the Hearing Examiner within 10 business days of the date of the Hearing Examiner’s decision. What If a Party of Record requests reconsideration? The Hearing Examiner shall act within 14 days after the filing of the request by either denying the request. Issuing a revised decision, or calling for an additional public hearing. Can the Hearing examiner Decision on the appeal be appealed to City Council? Yes, Iha decision on the appeal may be appealed within 14 days following the expiration of Ihe reconsideration period. Only the City, project applicant or any person who participated In the appeal hearing may appeal. #7-Nottc6 of City CouncH Closed Record Appeal Hearing; Sonf to: The applicant, appellant and/or representatives of these parlies Posted: No posting on site #B-Cltv Council Closed Record Appeal Hearing Held: IWio May Participate? The applicant, the appellant, the applicable department Director or representatives of these parties. #9-Citv Council Issues decision: When: Typically within two weeks following the Closed Record Appeal Hearing. Notice Sent To: Applicant, Appellant and/or their representatives Appeal Provision: The final decision on the appeal is appealable to King County Superior Court within 21 days from issuance of Notice. To have standing to appeal, one must meet the criteria under the Land Use Petition Act Appellant WPDC Cleveland's Exhibit 18 - Page 18 of 22 ---PAGE BREAK--- EXHIBIT D Appellant WPDC Cleveland's Exhibit 18 - Page 19 of 22 ---PAGE BREAK--- Laingj^aronJ^ Roehm, John E Wednesday, April 12, 2017 10:20 AM Robert Wallace; Scheuermann, Jill A Laing, Aaron Kevin Wallace RE: Marijuana parking From: Sent: To: Cc: Subject: Bob, I spoke with Eric Scroggins the other night and he stated he had not heard anything directly from the pot shop. He stated his comments were based on a drawing that was submitted to the city. I let him know for the record we will not be leasing anyone parking spaces in Redmond outside of our current agreement with Diamond Parking. Thank you for bring this to our attention so we could let our intentions be known and if you hear anything on this matter please let us know. Thanks John John Roehm Senior Vice President & Regional Retail Sales Leader Washington Region WA-31-11-0206 1329 4th Avenue, 2nd Floor, Seattle, WA 98101 Phone: [PHONE REDACTED] Fax: [PHONE REDACTED] [EMAIL REDACTED] Use the red key.SM -----Original Message----- From: Robert Wallace [mailto:[EMAIL REDACTED]] Sent: Monday, April 10, 2017 5:26 PM To: Scheuermann, Jill A Cc: Aaron M. Laing; Kevin Wallace; Roehm, John E Subject: Re: Marijuana parking Thanks, Jill, we'll definitely keep you in the loop. Kind of brazen of them to be telling people that you're providing them stalls before an agreement is signed (for off site stalls to work for their permit, a recorded perpetual easement would be required). These guys also tried to rent from our tenant (Prime) and told him he'd just as well take the money because the pot heads would be parking on him anyway. R.C. Wallace, CEO, Wallace Properties, Inc. (425) 455-9976 > On Apr 10, 2017, at 5:01 PM, Scheuermann, Jill A <[EMAIL REDACTED]> wrote: 1 Appellant WPDC Cleveland's Exhibit 18 - Page 20 of 22 ---PAGE BREAK--- > > Bob - > > Rest assured you are not boring me with this as we do not want our name associated with this entity. I appreciate the information below and will work with our partners to do more digging. Again, we have been assured that no contract has been signed by KeyBank or Diamond Parking for a iong-term lease of any stalls. > Please continue to send information as you receive it to both John Roehm and me. > > > Best, > > Jili Scheuermann I SVP > KeyBank Nationai Association > 1301 Fifth Avenue I 24th Fioor I WA-31-13-2474 I Seattie, WA 98101 > [PHONE REDACTED] I [EMAIL REDACTED] I fax: [PHONE REDACTED] > Aiternative Contact: Eva Meneses I [PHONE REDACTED] > www.key.com > > Originai Message----- > From: Robert Waiiace [maiito:[EMAIL REDACTED]] > Sent: Monday, April 10, 2017 4:52 PM >To: Scheuermann, Jiii A > Cc: Aaron M. Laing; Kevin Waiiace > Subject: Marijuana parking > stiii waiting for the transcript from iast week's public hearing on the matter. We aiso iearned of the 'Key > Jill, we are Bank parking' from one Eric Scroggins (Banner Bank) who is a board member of One Redmond (sort of a chamber and downtown association combined). > > The city is apparently taking the position that despite the fact that the warehouse hasn't been used for decades, seiling marijuana wouldn't be considered a change of use (we don't agree). But, the addition of a mezzanine wouid require one parking stail, which problem they say they have solved by leasing from you. For that to be valid, one would think the term of the parking lease would have to be long-term (unlikely that the bank would have done that). > Another of Scroggin's members, opining on all this, said that even if our appeal prevails and it is determined that they need to provide parking for the retail space, they could easily solve the problem by 'leasing 4 more stalls from Key Bank. > > I'm sorry to bore you with this, but it would really be helpful to better understand what commitments and for what term, if any, the bank is contemplating. > > > Best, > > BW > > R.C. Wallace, CEO, Wallace Properties, Inc. (425) 455-9976 > > > > This communication may contain privileged and/or confidential information. It is intended solely for the use of the addressee. If you are not the intended recipient, you are strictly prohibited from disclosing, copying, distributing or using of this information. If you received this communication in error, please contact the sender immediately and destroy any 2 Appellant WPDC Cleveland's Exhibit 18 - Page 21 of 22 ---PAGE BREAK--- the material in its entirety, whether electronic or hard copy. This communication may contain nonpublic personal information about consumers subject to the restrictions of the Gramm-Leach-Bliley Act. You may not directly or indirectly reuse or redisclose such information for any purpose other than to provide the services for which you are receiving the information. > > 127 Public Square, Cleveland, OH 44114 If you prefer not to receive > future e-mail offers for products or services from Key send an e-mail > to mailto:[EMAIL REDACTED] with 'No Promotional E-mails' in the > SUBJECT line. Key Investment Services LLC (KIS), a member of the Key financial network, utilizes e-mail to better communicate with its clients. Based upon the potential for time delays, KIS will not accept any order for the purchase or sale of a security or other product via an e-mail transmission. All e-mail transmissions are reviewed by KIS supervisory personnel. Based upon the nature of e-mail, KIS cannot guarantee its confidentiality; therefore, information of a sensitive or confidential nature should not be transmitted. Investment products are offered through Key Investment Services LLC (KIS), member FINRA/SIPC. Insurance products are offered through KeyCorp Insurance Agency USA, Inc. (KIA). KIS and KIA are affiliated with KeyBank National Association (KeyBank). Investment and insurance products made available through KIS and KIA are: NOT FDIC INSURED NOT BANK GUARANTEED MAY LOSE VALUE * NOT A DEPOSIT * NOT INSURED BY ANY FEDERAL OR STATE GOVERNMENT AGENCY * KIS, KIA and KeyBank are separate entities, and when you buy or sell securities and insurance products you are doing business with KIS and/or KIA, and not KeyBank. 4900Tiedeman Road, Brooklyn, Ohio 44144 1-888-KIS2YOU If you prefer not to receive future e-mail offers for products or services from Key send an e-mail to [EMAIL REDACTED] with 'No Promotional E-mails' in the SUBJECT line. 3 Appellant WPDC Cleveland's Exhibit 18 - Page 22 of 22