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2007, 09-25 Regular Meeting MinutesMayor Wilhite called the meeting to order at 6:00 p.m., and welcomed everyone to the 124th meeting. Attendance: Diana Wilhite, Mayor Steve Taylor, Deputy Mayor Dick Denenny, Councilmember Bill Gothmann, Councilmember Rich Munson, Councilmember Gary Schimmels, Councilmember Absent: Mike DeVleming, Councilmember MINUTES City of Spokane Valley City Council Regular Meeting Tuesday, September 25, 2007 City Staff: INVOCATION: Councilmember Gothmann gave the invocation. PLEDGE OF ALLEGIANCE: Mayor Wilhite led the Pledge of Allegiance. ROLL CALL: City Clerk Bainbridge called roll; all Councilmembers were present except Councilmember DeVleming. It was moved by Councilmember Munson, seconded and unanimously agreed to excuse Councilmember DeVleming from tonight's meeting. APPROVAL OF AGENDA: It was moved by Deputy Mayor Taylor, seconded and unanimously agreed to approve the agenda. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS: n/a Dave Mercier, City Manager Mike Connelly, City Attorney Ken Thompson, Finance Director Greg McCormick, Planning Manager Scott Kuhta, Senior Planner Kathy McClung, Community Development Dir Rick VanLeuven, Police Chief Deanna Griffith, Administrative Assistant Darla Arnold, Office Assistant Carolbelle Branch, Public Information Officer Joe O'Brien, IT Specialist Chris Bainbridge, City Clerk COMMITTEE, BOARD, LIAISON SUMMARY REPORTS: Councilmember Schimmels: reported that he attended a Solid Waste meeting last week where they discussed several issues connected with the Sullivan Road Transfer Station; and that the daily garbage dumping is approximately 400 tons during the weekdays, and an additional 150 to 160 tons on each weekend day; that the group is examining several possible remedies such as charging an additional $5.00 fee, enlarging the facility, removing the compost from the building; and re- assessing the hours the facility is open, even though those hours were just expanded a year ago. Councilmember Schimmels said this leads to a possible future council discussion about mandatory garbage collection; and that he welcomes comments. Councilmember Denenny: said he attended a Spokane Transit Authority meeting last week and will defer to Mr. Munson for more particulars; but that the discussion concerned revenues and sales tax collection and what to do with funds accumulated; and that they examined the potential 1 /10 of 1% reduction. Deputy Mayor Taylor: reported that he attended the Greater Spokane Inc. annual meeting where he heard a positive assessment of Spokane's economy from Forbes publisher; that he also attended the Convention Visitor's Bureau monthly board meeting where they discussed their efforts in promoting the region; and that this week Spokane Valley will host the National League of Cities Environmental Energy and Natural Resource Steering Committee fall meeting which will be held at CenterPlace. Council Regular Meeting: 09 -25 -07 Page 1 of 4 Approved by Council: 10 -09 -07 VOUCHER LIST DATE VOUCHER #s TOTAL VOUCHER AMOUNT 09 -14 -2007 12502 — 12837 $747,799.89 Councilmember Gothmann: explained that he attended the initial Housing and Community Development Advisory Meeting where they agreed on application rules; he went to Mission Ridge for a ceremony related to assisted living; he attended the wrap -up meeting of the Weed & Seed Committee; and went to the annual Chamber of Commerce meeting. Councilmember Munson: said that he represented the City at the GMA Steering committee meeting last week where he spoke with Commissioner Richard, which Mr. Munson said he will report more later tonight; and that he attended the STA Board meeting, and mentioned that he had been hopeful to be able to support a reduction in sales tax, but realized that wouldn't be prudent based on the County -wide dramatic drop in sales tax this year; and on the capital needs for STA; and that such tax reduction decision will be delayed until some time in 2008. Councilmember Munson said that he also attended a Leadership Conference at Eastern Washington University; and that tomorrow as part of his AWC President responsibilities, will host a regional meeting for all cities in the County, to hear what's going on state- wide and what AWC will be doing in the future. MAYOR'S REPORT: Mayor Wilhite reported that she attended the Chamber of Commerce annual meeting, attended a United Way annual meeting; the Valleyfest parade, GMA meeting at Fairchild, the Northwest Mayor's meeting, and met with a delegation from Canada regarding transportation issues and moving freight from Canada to our region; and that she also attended the Central Valley School District meeting where they discussed impact fees and their needs as part of their Sustainability Conference. PUBLIC COMMENTS: Mayor Wilhite invited general public comments; no comments were offered. 1. CONSENT AGENDA: Consists of items considered routine which are approved as a group. A Councilmember may remove an item from the Consent Agenda to be considered separately. a. Following Claim Vouchers: b. Payroll for Period Ending September 15, 2007: $192,602.34 c Minutes from September 4, 2007 Council Study Session Meeting d. Minutes from September 5, 2007 Special Council Meeting e. Minutes from September 7, 2007 Special Council Meeting f. Minutes from September 11, 2007 Regular Council Meeting g. Minutes from September 18, 2007 Council Study Session h. Interlocal Agreement for Subrecipient of Homeland Security Funding i. Expanded Classification Grade, Deputy City Manager position j. Holiday Closure Approval It was moved by Deputy Mayor Taylor, seconded and unanimously agreed to approve the Consent Agenda. NEW BUSINESS: 2. Second Reading Proposed Ordinance 07 -015 Adopting Uniform Development Code — Mike Connelly After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Taylor and seconded to approve Ordinance 07 -015 as amended. City Attorney Connelly explained that this ordinance to adopt the Uniform Development Code is the end of a very long process, and that the ordinance adopts the entire UDC with the exception of Title 24 which was adopted previously. Mr. Connelly summarized the action taken to this point, including all the public participation, and said that other than the minor changes noted in the red -line delineation, this is the same ordinance which was considered by Council two weeks ago. At last week's council study session, Council had several particular changes, i.e. Appendix A page 25, Appendix 19 -A pages 3 and 7; rationale for the proposed change for the 10 -trip exemption, rationale for the proposed change for the stormwater change, and the edited verbiage of 19.30.030(2)(e); and said these Council Regular Meeting: 09 -25 -07 Page 2 of 4 Approved by Council: 10 -09 -07 changes were incorporated into the appropriate titles, and copies have been distributed to council. Mr. Connelly added that the process and the changes have been consistent with the Comprehensive Plan and we are timely adopting this according to state statutes and the extension granted to us by CTED. Mr. Connelly further commented that the changes noted above were discussed during open public meetings, and the public was afforded the opportunity for public comment. Mr. Connelly remarked that while the Comprehensive Plan may only be changed once a year, the UDC could be changed at any time through the normal course of business or by emergency ordinance if council deems that necessary. Mayor Wilhite invited public comment. Don Huddleston, home address 5119 S Lincoln Way; office address 12309 E Mirabeau Parkway; said he has the authorization to and is representing INHS Building, and spoke regarding the potential change of use or zoning of the property located at the northeast corner of 4th Avenue; and said that neither he nor INHS Building received any meaningful or constructive notice about a zoning change; and if this parcel were changed from freeway commercial to business office, the value of the property would be substantially diminished; that an agreement was reached with purchasers for a mini - storage facility, and this potential change was just discovered last week; he mentioned other property owners likely are also unaware of this process; and many of these properties will be non - conforming if the change is passed. Councilmember Munson suggested Mr. Huddleston contact staff to determine the protocol to follow for making his desires known; and Mr. Connelly added that this property was designated "office" by the adoption of the Comprehensive Plan in March 2006. Mr. Huddleston was encouraged to contact staff. Art Britton, E 18812 Euclid: said that he is confused on where Council ended up on the lot size question in Greenacres and elsewhere. After determine where Mr. Britton's property is located, Deputy Mayor Taylor said that Mr. Britton's area of R4 was not changed; and Councilmember Schimmels pointed out that Mr. Britton lives in a 3.5 area, the property to his south is 7, and the new development is 4.9 Don Skillingstad, S1703 E Mirabeau Park, CLC Associates: said he is with the CLC Associates engineering firm, and he asked Council to support Title 22 as forwarded to Council from the Planning Commission. Mayor Wilhite invited further comments; no further comments were offered. Several councilmembers mentioned their elation in coming to the end of this process; of their appreciation to individuals and business owners for their comments, and of their appreciation to staff for their diligence in this endeavor. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. Mr. Mercier mentioned that this ordinance will become effective thirty days from date of publication, which will be this Friday, and that he will work with our Public Information Officer and others to try to communicate to the public what was adopted. Mr. McCormick added that there will be a learning curve as staff works to understand and administer the document as well as educate the public on the changes, and that they have applied for a CTED grant to help with that public information /education process. PUBLIC COMMENTS Mayor Wilhite invited general public comment; no comments were offered. 3. GMA Discussion — Councilmember Munson Councilmember Munson explained that he spoke with Susan Winchell of the Boundary Review Board regarding joint planning areas and the designation of those areas; and he was reminded that most smaller cities have joint planning areas; and that Spokane asked for and received nine. As he mentioned toward the beginning of tonight's meeting, Councilmember Munson said he discussed this issue with Commissioner Richard who told Mr. Munson that if we ask for a joint planning area, Mr. Richard would Council Regular Meeting: 09 -25 -07 Page 3 of 4 Approved by Council: 10 -09 -07 support that request. Mr. Munson added that designating joint planning areas do not mean we'll annex those areas, but that those would be the areas when planning begins; and if that process begins, we would have to develop an interlocal agreement to commemorate such participation. In response to Deputy Mayor Taylor's question of the appropriateness of such an action on Council's part, i.e., to ask Spokane County to designate areas as joint planning areas, Attorney Connelly said we would be merely asking the County to recognize the obvious; and that state law requires that areas contiguous with the City be designated as joint planning areas, and that such is also consistent with GMA. It was then moved by Deputy Mayor Taylor and seconded, that the Council authorize the Mayor to write a letter to Spokane County Commissioners requesting all UGA 's with contiguous borders to the boundaries of the City of Spokane Valley be designated as Joint Planning Areas for the City of Spokane Valley. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. INFORMATION ONLY. The information on the fee resolution reports were information only items and were not reported. EXECUTIVE SESSION: Land Acquisition; Pending Litigation. need for an executive session. There being no further business, it was moved by Councilmember Munson, seconded and unanimously agreed to adjourn. The meeting adjourned at 6: 54 p.m. ATTES hristine Bainbridge, City Clerk Council Regular Meeting: 09 -25 -07 Approved by Council: 10 -09 -07 Zs/Laikk,6„6.) &Lb Diana Wilhite, Mayor changes, and the various department Mr. Mercier announced there was no Page 4 of 4 Sep 21 07 08:13a Robin A. Bonuccelli DH CCLII The undersigned being the owner /managing partner of 1NHS Bu [L MNG, LLC, a Washington Limited Liability Company, hereby, authorize Donald S. Huddleston to represent the ownership during public testimony before the Spokane Valley City Council. This in regards to the potential change of use/ioning of the subject property located at the NWC of Eastern Road & Fourth Avenue, City of the Spokane Valley, Washington, Spokane County Washington talc parcel numbers 35242.9012 & 35242.0308. This authorization is given pursuant to paragraph 3A and 3.5 of the INHS Building, LLC Agreement. Dated this 20th day of September, 2007. Robert A. Bonucoelli 1NHS Building, LLC managing partner Donald S. "leston, CCIM Commercial Real Estate; Village Square Realty, Inc. 12309 East Mirabeau Parkway PQ Box 141449 Spokane, Washington 99214 P 509 924 9730 F 509 924 9734 E Mail: hudccim @earthlirtk.net INNS Bun.urrlc. LLC Representation Authorization 509- 448 -4987 p.1 RECeIVED FRO19: REAL ES THIS CONT In the ktrm of a check for 3 25 _ 00 0.00 which Ilea bean deposited wen the Se1Onq Br dollviwy b Purchaser of ens accepted Apnoe in Me SeitIng Bmkw s poded trust mercury! a ATE PURCHASE & SALE AGREEMENT (With EARNEST MONEY PROVISION) COMMERCIAL FORM C T CO1TROL4 THE TERMS OF SALE OF REAL PROPERTY. READ CAREFULLY BEFORE SIGNING her es earnest money (Tamest Money) to be credited 10 Purchaser st doting, with any check 10 be deposited soar Me dete of 11 pie amount d the Emmett money depose exceeds 35,000.00, Purchaser nas elected to rave de Esnrst Mondry ❑ placed paced in a separate Interest beaky) trual account In EWAN Brokers none, with Interest to be credied to Ptrrtuser at dosing or peld to Purchaser if this gala fate to dose (Purchaser's Tas 10 No. ). This Agreement (this 'Agreement coven the Ionowhg d.scnb.d real sauna (Ms '!'innat In tea Clay of Spokane valley , County of Spokane , Wsshi aayrnorty known es ton k*atern Road & 4th Avenue and legally dascrlbed as Meows Spokane County Tax nareal 135242.9012, 1135242. 0308 8w attached legal description. Twenty -five Thousand , cash fix 3 Harlan Douglass (11 the legal cM cri dlort of the Property Is omfltsd, Inccntpls s or Inaecvsls at the tuna of signing, this Apr•rnenl ahar >< I bo Invaltdoted and Selling or listing (Imhof is suthottred W Inset or 'each the TOTAL correct legal d •aa b1On ) HE OTAL PURCHASE PRICE IS On Killion fart Hon. ed Thou..nd a. - itum 1- a :•. r•.._r wasi OILARB + ) (Vie ac "Purchase Pe), psyabls so follows +++"'lll The total purchase pri of o be p d in cash •t closing_ Pt 1,5 0 Purchaser at their expanse ray enes. the subject property to obtain area survey prior to closing. Included is a copy of • survey by conducted by Tsylor Engineering, seller does not t axes as stated on Taylor Engineering survey. To the best of seller's knowledge the property is tree of contamination or hazardous waste. Bee Leppo Consultants, Inc.: Phase One Environmental Site Assessment, project 1979711. The Purchase and Sale agreement 1s subject to the during • Due Diligence inspection tiro period not to exceed ' UT aye altar aWt eg ce. C 4e J -1 7 The Purchaser say terminate this agreement for any reason prick to expiration of due diligence time period and notification of intent to complete /close transaction. A which time any and all earnest money 01a11 bs returned to purchaser. Notification of intent to d10N the due diligence time period. Closing •hall be completed within thirty (30) days after notification of intent of close. inspection and acceptance by Purchaser which shall be made ,t4 14& .2 ,t? 5V6LS `_ Either the Purchaser and or Seller may complete this transaction as part of a IRA Code Section 1031/fax deferred exchange. tech party agree• to cooperate in dca and comic. ting such a :chang• or reinvenUSont of fund• and to pay their raepeottee costa incurred. Closing to take place within slaty days (40) after mutual acceptance of this Purchase f: Bale agreement. If closing does not take place for any reason within sixty days (60) after mutual acceptance the terms and conditions of this Purchase c Sala agreement •hall ba terminated and not binding on either the Purchaser or Seller. And earnest money shall ber returned to the Purchaser. The ownership entity is INNS Building, LLC and Michael Ryan, Robert A. Bonuccelli, is a licensed Realtor in the State of mashington and is • partner in the selling entity. This purchase and sale agreement ie subject to acceptance by all parties. Pc.cIC.G t-O+C>JZ A oc, -,i 1 I A t(2 The- pf4M"— cIF 4t LAT le A iefmc-G.7 1 S 14 4 -%us -- 1 4 tZ o , nod for 3 `1 pokey Sookan• �.-- vf 3- nTK1tlR• . Wu.h.nngtdn, l • 001 ('Ptrrheser) 0OLLARS3 25.000.00 wan nob due shall be mad. in writing prior to the expiration of 1 ADDENDUM: Additional provision., If any, are attached by Addendum ('Addendum'). It Addendum(s) are Included c hars hints 0 and Identify Addendum(a) 2 TITLE Srnei a Pile M the Property shit be rrstkitable e1 dosing, with the tolluwtng exceptions 6aseaenCs and rem trictlons of record rtvii■ reserved in Federal patent., mate deeds, building and use rostrh lion. owner* M l area, costing easements not 1ntt:x*01am with Purchaser's otiandad use, buiding end tang reputation* end relensncss mods In order b comply with Truth 10 Landing Legislation shaft not be considered to render Sanars late unmarketable 3. MONETARY ENCUMBRANCES: Mon.tary encumbrances to be disctwrged by Sour stall be pail no later than closing ktonstary,snoumbrances which re not to be paid at dosing shall be canard's( deem) and not In default. BaYnce(e) on mot encumbrance( *) not paid al dosing wfnk*i direr fr a-Sittrnand beir.^.a ( s to be assumed or taken 'skied (.d b' et closing shall cause any new financing baiant• to be paid to Seller following closing to . y used - ) made al dosing in cast_ 4. TITLE INSURANCE: Saner shaft furnlin to Purcns.sr • standard form owners or purchsset ore not to be luny paid et dosing. Masao, saasmsMa, covenants, tesulcllons an u Wr pretknhary caowo4mart hanlor issued by ono. for such utb Insurance. The 1111 policy II none, then en aoTvopnele adtustnwnl share Pis Insurance end copies of Wt a rising monebry eycu brencu. which tints affecting Ins P.op.ny, and as soon as practical prior b .losing a 1N3URANCE COMPANY, and Saar wUncr_es Selling Broke to apply et no except a other than prose prnv , said st andard for and Moss not Inconsistent with this Agreement D.lwary of Such policy or 1181 report to (losing Agent named herein shall t onahM delivery to Purchaser if tab Is not s0 Insurable end cannot be made so Inayst la by Termination Dais sot forth In Paragraph 8, the Emmett Abney shell be refunded and 511 rights of purchase t•nntnsted, provided ma! P'. teaser may weave dames and sled to purses. Minor Bn kr nor )heir Agents shah be rsspomsbte for delivery dull. 5. INCLUDED ITEMS: This sale Includes, et no additional cost b Purchaser, not Dory those Sams which the taw of pit State of Washk,gtwt provides are part d the Property, but Mao Includes the foIowfr*g Items. If any, owned by 8o1r and pr asrtdy located on the Fhoperty, attached floor ca+sri ngs; screen and storm windows owl doors; bull! -k, applanas. and 'drop In ring..'; window• 4s/lmw,ts; pltumbk,g, Ip***g, heating, vsn7Natl and cools t tarn*, and attached Irrigation n0 g r apparatus and *dam lr,rhxhir,g not bulbs end Man); imaiscepl rV equlpntanl; and M Ikea and candlrls Copyrlghf0 Spokane Association d REALTORSID Ai Rights Reserved Spokane Asanclabon of REAL TORSO 2002 Form SCI - 4116 Rev. t 1189 Page 1 cf 2 Village Square Realty, Inc. P.O. Box 141449, Spokane WA 99214 Phone: 5099249 Fax: 5099249734 Donald S. Huddle-men Fsstcrn Road & Produced with ZbForma• by RE FormIN.l LLC 18025 Fifteen Mite Road. Union Township, Lechigah 48035 Irnw tie(: - .n ?on! 0_ FINANCING Purchaser represents prat a 1s not raying on any contingent scut• of funds for the pun3ase enr"pt u expressly stated in this Agreement If drlamng ts required. Purchaser agrees to make formal or written applcaton lot to same within 5 business days afar the dais of delivery to Purchacer at fhb ecceoled Agreement Purchatar War agrees to sign rieceeeary papers, pay required coots and . srt bast efforts to procure such interring 7 CONVEYANCE: s) II This Agreement provides for conveying foe Ulh. IUIe shall be conveyed by stVueory warner dead free of encumbrances and defects axcepl arose Permitted under the Agreement. 0) If Oat Agnomen provides (cr a eels by a real estate connect. Sailer and Purchaser ( Pate?) agree to execute • rest estate centred on Rael Estate Contract Form LPt345. Said contract shell provide that bps lea ram/eyed by statutory warranty deed free of encumbrances and delects except Lose permitted under ttua Agre•rn•nl_ c) 11 the Property ill subject to an adding contact, mortgage, dead of lust or otter sncurass nc• witch sitar Perry N to continue 1n pay, than the obligated Party egrses 10 per the sane In *mordants wRh ks terms and conciliate and upon d•teull. IM other Party shat haws the right to malts any payments necessary to cure saki default, and the payments so made, together with Interest al the lege rain• shal be knmedlal.ry due and owing the Pony making the same. d) If this Agreement provides for the sale and transfer of vendee's bfaresl under an existing rust estate contract, Brier agrees to arias Form LPB.14. e) II • portion of the Purchase Price Is to be evidenced by ■ note end eewred by a deed et trust, Purchaser agrees to skecut. deed of butt on Master Form Dee! of Trust recorded on July 25, 1008. In the epldal records of Spokane Courtly, Washington under Auditor's Fie No, 370257C, sod ■ promissory role on LP8 Form a 25. Tji$ damn of said fo a named In this parsgr pp' rue heron Incorporated by reference and wpbs may be obtained from cOwnp Agent_ . L qb g.e L r .' / hC not iniilbccZ7r�� rn err P .{ �) - 8 CLOSING: The safe shag be d ak closed In the aka d to tee e i • 1 bskr0 . *,h tRS ■�je () tl•r M feel to occur • r l (a) t )ilw commitment medley the requirements of Paragraph s: (b) removal of e: red (c) obtaining SImmnd . It required. In any event, WC 15. 2007 ( Osis7_ The Panes slut each pay on••h*If of Oa Closing Agenrs Fee. Sonar press 10 peg Ihe ' attain excise lax and other arelornsry selling costs Purchaser egress to pay customary puachasing posts_ Property taxes for Ua currant y, rents, interest morlgage li reserve*, violet and other Willies constituting flan shat be prorated as of the data of dosing. Security and''or damage deposits, if any, shed be delayed to Predator at dosing. The Per1Ms wet on demand, depose In Maw with Cleary Agent all Instrunsnta and monies necessary 10 cartels the Purchase n accordance wain this Agrerhunt If the documents are 10 be sscaow.d, the e.arow Null bet pieced with n / rt *eh fees shared s4+My. Closing Agent we proper* and fie I.R.B. Forma 10948 and W -1). If Wing is remand by LR.rs rIgtda5on 0. SELLER'S WARRANTIES: Baia hereby covenants, woman!" and represents as hsr•hafar set forth: (a) Seise Inck,Oing the person(s) awing on behalf of Star, owns. is buyvrg, ant /or has the full right end author3y to sell, transfer or convey the Property. and la tarty out 8.Ilaes obigatbns socording to this Agreement. (b) This safe wet not result In an acceleration or default under any monetary encumbrance which I. not to be fully peld N dosing. (c) Subject t0 Palgraph 14 (I). until damp, Seise shall use I31s best efforts to maintain fits Property to iv presnn, condition, ordinary weer end lea excepted. (d) Seller has no knowledge of any order or dbadty of the appllcebto dpertrwd of building and salary. mean dated or any other dry, county, stars or federal eulhorey that requires that any work of repair. rnatnteneno• or improvement be performed on the Properly. (s) All of the dom./ovine, lnlwma ion and records provided in accordance with Pang:sun 4 .haw Wilma tihre, satire. and cmpsa nfpmellon lucent es ouurvnse noted b Purchaser In wnlnn. tlo patty to arty document le In breech Of has an uncured any breech of any tens thers*0, (1)-Tlweeeenahas rdawwNesrt•asserabatsneeser but -not- We4at- ap/Or -ea u 4iGV4A.1 Ti.► ar/yrbh.hrO M eiaAwrder enyawrlh.s erser *Mot re t+slerMua eolmuneee rethralMq t axe ins oweu dr►aFNiewea ulaeh. 10 AOENCY DISCLOSURE The Parties consent to the lollttwbp repressntadon: roe Ca r (Toting Agee), who is adtiited with Pat Kenney RealtY. LLC ( Sailing Brake'), represenlad (check are) 8alar Purchaser dual agent ❑ rusher Seger nor Purchaser Donald S. Huddlistott Milky Agent•), who is afiated with V111age ¢guar• Trait's'. Inc. ('Listing Broken. represented (check one) ® Seller ❑ dust agent. If Betting and Listing Agents are Webbed well Dating Broker. and both Parties are bring represented (lnctudng by dual agents), Then Using Brodie Is a dual spent Each Party centime that prior anal andor written declosure of agency was provided to them In this transaction end that each has received • copy of te pamphlet ernSLed'The Loa of Real Estate Agency'. 11. RESPONSIBILITY FOR INFORMATION: The Parl)es agars and warrant that ;utast! b Paragraphs 0. (c) end 11 (t), Purchaser le purchasing the Property In Ile present condition, • a-lie, All retxeeantadone and nlom.alon regarding toe Property, Inducing any Information regerdkyg sizes and boundaries of vha Proven./ and Improvements provided In marketing M. Property, are either epproolrnatbns to be Independently veneed by Purduaw or ars made eddy by Saar, and not by any of the Broken. /gents or employees Saar shall Indemnify and hold as Broken and Agents hamlets In the a ail any of Seller's alinements or repreeentelbne ors tads. No Broker or Agent Is responsible la assuring that sear Ptndhae or Soler performs inter obligators under the Agreement. P40 Broker or Apen1 has agreed b bdependsntty nvealgale or confirm any matter or tram reread to the Propely a this transaction expel a tpeclScs►y doted in this Agrarian, or in e separate wrel n() signed by such Brow or Agent Purchaser shad have 5 working days from the den of daaver to Purchaser of the accepted A9rearrratq, haven se utaly servkss on end resionabte access to ire Property, b Inspect the cordibns, to this extent *ppucabl• and present et the Property, of to plumbing, he•INhg, venUrotng. sir conditioning, end.tadrlcol systems; included ampeenon: P. stnactunl Integrity of the bulkkq(s) and improvements: roof and'or sprinkle system If Puch nee prrnides written notice to Seder wRMn tad Iona period denary Doss liens which Punch.. ur has determined. n Purhasar's sole discretion. are not In good working order, or soc.paWe ormdlon, dun Seller "hail have the option of correcting such conelions or lermsnstng this Apnemanl If Seller or felling Broker or Agent do not racelve any women route within such Elms period, the inspection or absence of napeclbn shoe be conduslvey deemed to have been satisfactory. end Purchaser shall have wave any right to I nhw nepectlon agrees tut Purchaser shag accept the Property In its - rids' condition as of the data of delNtyy (p F �y�lhle espied Agreement . TIME FOR ACCEPTANCE s a meinlgtht J 2007 to aces / 5.r, In eons mown of S.$ing Broker submitting this offer to Seller, Purchaser shad th not withdrew e ode during Sara time period. un4u w notice of diets reaction is received earlier. Pun hazer egrets that mitten notes of acceptance given lo Seeing Broker by Sailor shall be notice to Purchaser. If Sella does not accents this Aorsarnent within vu time specified, Seling grokar oral' refund the Earnest Morey upon demand 13. DEFAULT: If anew Party defawis hereunder, to other Party may seek •padre performance of this Agreement, dement. Of nsclssbn. If Purchaser d.fauns, Sofa "hall have he right b erect b receive Stu Earnest Morey and retain 5 as liquidated damages, thereby lamn this Agnomen!. In the event the Earnest Moray is Imfelled, Baler shall reimbene Broker(") for .l expenditures mad. n this proposed transaction, and any remaining Eerasl Money shalt W apportioned "query to Seta and Emends), provldsd the foisted Earnest Marhey remitted to Brokers) shall not noosed the *greed commas/on. 14. GENERAL PROVISIONS: (s) FAXES AND COUNTERPARTS: Facsimile transmission of any synod original document, and retransmission of any signed teasimils ire ntmisaian SW be the some as thievery of an original. At the rssut at of situ party. or Closing Agent. the Parke sea confirm lecskndi transmitted epnnatura by slinky an origins! document This Agreement may be signed In ccuntseparta (b) INTEGRATION: This Agreement supersede" el peter undereenc rugs, negotiations end agreements of to Pales and tare are no verbal egreerhenta or understandings which madly Ids Agreement This Agreement consllien the All undereie:tang between the Parts. (c) PARTIAL INVALIDITY: tf any provision In tide Agnomen d Maud, the rsmW de of this Agreement shell moan in allad wawa an SUIn .l purpose tar whidt this Agreement hat been entered would be defeated. (d) TRIE IS OF THE ESSENCE: Tara is of the essence as to el tame end condition, Of see Agr*.ment. (e) BACKUP OFFERS: Regardless el agency rupnessr4a!lan, Using Broker end Its spats may continua to meted 0. Property and Seder inoy confirm b accept backup dims. (t) ATTORNEYS' FEES: 11 Purchaser, Beier, or any Agent or Broker Involved In this transaction is Involved n any dtepiie roosting b any tltipeef of this Inn or this Agreement. any pwr.rng party shall MONK th.lr reasonable slomsy.' lass end costs. (0) RECEIPT: The Panes each acknowl.dg, receipt Of a copy W rile Agreement. (h) POSSESBPON: Purzhwer shell be entitled *0 pweesson of the Properly following closng. (1) RISK OF LOSS: The risk of loss pia 10 dosing shad remain In Sofia end It prior to data of closing, improvements on the Properly shad be destroyed or m.Iartsay damaged by ere or other coeu.Ry, thin Agreement et to option d Purchaser, shad beanie null and void. (f) ACCURACY AND SURVIVAL OF PROVISIONS: Ad con.nenle, warranties and rapre•ntalons In this Agreement Including those W P • • h 0, .had be tee and correct es o(dosing; and as obdgstio1 and provisions which may apply baowtng dosing, including those bt Paragraphs T.(c j d (d , maw M 5, 11 affr1 . 1 .hex 1 a any end deed e elm survive closing and continue n full tort" and effect - e y Tom Carper SELLING BROKER Pat Kenney Realty, LLC Phone (509) 459 -2555 PURCHASER 1 'urthasers Phone Bus (509) 409 - 4200 PURCHASER'S ADDRESS 815 Eaat Rc.swood, Spokane, WA Phone (509) 924-9730 Fa* (509) 924 -9734 Mobile Fax (509)450-5622 PURCHASER Harlin Rae Fax (509) 487 -5560 The undersigned Seller, on this day of , hereby accepts and approves the above Agreement and .grow to carry out al of as bona Sege further sprees to pay fort to Donald 5 . lfuddlea ton and Pat Kenney llaalty, LLC • as Leery and Selling Broker, a comnussbn In the amount stated In the test agreement to pays =omission to the Listing Broker or in the absence of wry .gr.nant. 1 75.000.00 5eser 1 / hereby eutorttes and dkects Closing Agent lo pay Listing and Seery Broker saki commission from Ms sate proceeds Upon closing or spodflc enforcement of this beneacdon, f Sager irrevocably assigns • portion of Seder. proceeds lo the Broker(s), Incudtng the Earnest Money suffdetl to satisfy to commission obtkjalon The crrnrnisdon stay be apportioned 50 . 000 % to Selling Broke and the ranander W Laing Broker senora counter offer ('Counter Offer') made herein a spaded hereto, d made a psi d Ihis Agreement by rsfarence. Purchaser stag hays until midnight on •� .n � utte>r . 2007 to accept owns 11 Counter Oew le not accepted by Rat time, to Earnest Abney wit be refunded to Purchaser Senor "ones that warren 7 of eoceplance given b Listing Brower try Purchaser shoo be nonce Beier SELLERS ADDRESS PO pox 141449 epoken* NA 99214 SELLER /NI{ 5 / k-ei ni LL G SELLER4 r1Gl.{cttf/\ ' Purchaser acknowl•dgee r.calpl d e copy of the foregoing Agreement barring ns atgnature and that of S.W. ti4 dot. ,i,rLr seal be considered se es dote of delivery to Pwcasvp))Ppy $�pbdd Agreement. Dale >5 r t (. PURCHASER Harlan r•uglaea ug l'aa n Moore THIS AGREEMENT HAS BEEN PREPARED FOR SUBMISSION TO YOUR ATTORNEY AND)OR TAX COUNSEL FOR THEIR APPROVAL. NO REPRESENTATION OR RECOMMENDATION le MADE BY ANY BROKER, AGENT OR EMPLOYEE AS TO THE LEGAL SUFFICIENCY, LEGAL EFFECT, OR TAX CONSEQUENCES OF THIS AGREEMENT OR THE TRANSACTION RELATINO HERETO. OF YOU DO NOT UNDERSTAND THE EFFECT OF ANY PART OF THI5 AGREEMENT, CONSULT YOUR ATTORNEY BEFORE SIGNING. NO IIROKER, AGENT OR EMPLOYEE CAN GIVE YOU LEGAL ADVICE.) Copyrtphl0 Spokane Aj.oclaton of REM-TORSION Rights Reserved Spokane Assoaistlon of REALTORS* 2002 Form SCI -4115 Rov 11/90 Produced win wore. by RE FermsNet L1C 11025 Mien Ade Rued, Catui Tewreho, Mkhlgen 4s63! Pege 2 al 2 Eurrm a..,,a • City Council trlke thnnugh 9- 18 -07Apprzved Draft Uniform Developmer,1 ..ode Title 19- Zoning 19.30 Changes & Amendments 19.30.010 Comprehensive Plan Text 8 Map Amendments Pursuant to RCW 36 70.130(2)(a) proposed updates to the Comprehensive Plan will be processed only once a year except for the adoption of original sub -area plans. amendments to the Shoreline Master program the amendment of the Capital Facilities Chapter concurrent with the adoption of the City budget. in the event of an emergency or to resolve an appeal of the Comprehensive Plan filed with the Growth Management Hearing Board Comprehensive Plan text and map amendments are classified as Type IV development applications shall be processed pursuant to SVMC Chapter 17.80.140. 19.30.020 Area -wide Rezones Area -wide rezones shall be considered only in conjunction with updates to the Comprehensive Plan text and maps to ensure full consideration of the cumulative effects of all changes Area -wide rezones are classified as Type IV development applications and shall be processed pursuant to SVMC Chapter 17.80.140. 19.30.030 Site Specific Zoning Map Amendments 1 Site specific zoning map amendment requests may be submitted at any time. Site specific zoning map amendments are classified as Type III development applications and shall be processed pursuant to SVMC 17 80.140 2 All site specific zoning map amendment requests must meet all of the following criteria. a The requirements of the SVMC Section 22.20 Concurrency, b The requested map amendment is consistent with the Comprehensive Plan. c The map amendment bears a substantial relation to the public health, safety and welfare, d The map amendment is warranted In order to achieve consistency with the Comprehensive Plan or because of a need for additional property in the proposed zoning district classification, or because the proposed zoning classification is appropriate for reasonable development of the subject property; 19.30.040 19.40 19.40.010 e. Property is adjacent and contiguous, (which shall include corner touches and Property located across a public right -of -way), to property of the same or higher zoning classification, €--f. The map amendment will not be materially detrimental to uses or property in the immediate vicinity of the subject property; ;. have changed substantially since the establishment of the current zoning district to warrant the requested map amendment; and h. The map amendment has merit and value for the community as a whole Development regulation text amendments Requests to amend the text of the City's development regulations may be submitted at any time Text amendments are classified as Type IV development applications and shall be processed pursuant to SVMC 17 80.140 District Purpose & Supplemental Use Regulations Residential Zones General Provisions 1. No principal or accessory structure shall be located within the c(learview triangle. SVMC 22.70 E\Community Devebpment\Devetopmem Reoulatiorsafinal wowhlne dalCoundl Strike throuaht19 strike thru 9-18-- t e:elar :41r -tom r. ,r ^r4nRR9 3t44'- 44r,a1wottcing OgtCo4+444 apor:,vrd .:ean;tFl deals Page 5 of 34 1. Short History of conversation with Commissioner Richard. 2. Identify all designated UGA's that border on our city borders as Joint Planning Areas. This does not mean we are declaring we will annex these areas, only that we will have the right to have a seat at the table when developers and the county are planning development. An inter -local agreement will more than likely be required once the planning effort is anticipated. 3. Motion: "I move the city council authorize the Mayor write a letter- to Spokane County (addressed to Commissioner Richard ?), requesting all UGA's with contiguous borders to the boundaries of the City of Spokane Valley be designated as Joint Planning areas for the City of Spokane Valley." SIGN -IN SHEET COMMEN 1l SPOKANE VALLEY CITY COUNCIL MEETING DATE: September 25, 2007 Sig in if you wish to make public comments. CITIZEN COMMENTS YOUR SPEAKENG TIME WILL BE LIMITED TO THREE MINUTES NAME PLEASE. PRINT TOPIC OF CONCERN YOU WILL SPEAK ABOUT' ADDRESS TELEPHONE L /ci t ,e Yfv- Vh ` ■,„I i.) • S' T f ffria ‘4A-6 - r / Sz 3 A 0 b n/ 9 -Gp ►. 1 r_ 2 - A A%-(;QG SIGN -IN SHEET COMMEN 1l SPOKANE VALLEY CITY COUNCIL MEETING DATE: September 25, 2007 Sig in if you wish to make public comments. CITIZEN COMMENTS YOUR SPEAKENG TIME WILL BE LIMITED TO THREE MINUTES