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5194673 - Mitigation Agreement: Pines/Mansfield ' ~ - ~ RETURN ADDRESS 5 g9467o 9 0312412095 93I6P City of Spokane Valley cIaF % I Rb; Spokane Co, 61A 11707 E. Sprague Ave Spokane Valley, WA 99206 Attn: Chris Bainbridge, City Clerk Plcase Type or Print Neatlv & Clearlv All Information Document Title(s): Mitigation Agreement SR 27 (Pines Road) Mansfield Road Construction Project Reference Number(s) of Related Documents Grantor(s) (Last Name, First 8 Middle lnit;aq DevelopadOvrner, Northwood Propertics Grantee(s) (Last Name, First & Middle Initial) Mitigation Agreement with Developer noted above and City of Spokane Valley L@g81 DeSCrlptlotl (Abbreviated form is acoeptable) i.e. SeciionlTownship/Range/1!4 SeGion 45094.0506 Pinecroft 1g' E Yx of Blocks 4-8-12 Assessor's Tax Parcel ID Number: see above The County AuditOr wfll rely on the informati4n provided on this form. The Stafi tivill not read the document to verify the Accuracy or cempleteness of the indsxing information providad herein. Sign below only if your document is Non-Standard. I am roquesting an emergency non-standartt rewrding for an addHional fee as providod fn RCW 35.18.610. I understand that the recording processing requirements may cover up or otherwise obscure some parts of the text of the originsl document. Fee for non- stalid r .pro ssing is $50. Signalure of Requesting Party C~s-~ ~ . • luijli 5194673 ~ Page : 2 af 9 03/24/2995 83:08P GO! RNMNi, CI' Yff S'OK f,Gt S2i.16 Spakane Co, WR M.ITIGA 1'ION ACI2EEMFNT SIt 27 (PINES ItOAD) / MANSFII?,I,,D ROAI) COn'S'I IZUCTI4N PROJI+:CT This Mitigation Aareemcnt ("Agreement") is entered into by and between Northwood ProFerties ("Developer'), a Washington Corporation, having AiTices for the transaction of business ai 9616 F. Montgomery Ave., Spokane, Washington 99206; and the City of Spokane Valley ("City"), a Political subdivision of the Staie of Wa.shinb on, hereinafter jointly referred to as "Parties": RrC1TAI,S 1. The Cit_y, in coopcr~dtian with Spokane County and the Washington State Departinent of Transportatirm, is planning to dcsign and construct improvements to the SR 27 (Pincs Road) and Mansfield Road corridor wri[h Transportation Partnership Frogam (TPP) grant funds from the Transportation Cmprovement 13oard (TIB) and Congestion ManagementlAir Quality (CNIAQ) grant funds ftom the Spokaae Rcgional °I'ran5portation Council (SR7'C). The name of the project is the PineSlMansfield Carridor Congestion Relief Projcct ("Project") and the purpose of this project is to alleviate existing and future traffic congcstian i.n this area. The Project ti711 reconfigure lhe WL3 ramps of 1-90 at SR-27 (F'incs Rd.), usiiig the existina slip ramps to Indiana Ave. and Mantgomery Ave. VJB off-ramp traffic will use the slip ramp to a si ;nalized intersection al Indiana nve. XV}3 on-ramp traffic will use the slip rarnp at Vicintgomcry Ave. To improve operation ofthe W13 on-ramp and ensure safety, the parlian of Montgomery Ave. hetween Pines Rd. and the slip rainp will be one- way, wcstbaund only. Therefore, to prUVide access to Pines Rd. for the propcrties west of Yincs Rcl., Mansficld Ave. Arill be improved, wilh a traffic signal at tlie intersection of A9ansfield Ave. & Pines 1Zd. Curb, gutter, siciewalks and bike lanes will also be c;onstrueted. In addition, asignal will be installecl at the Mirabeau Pkwy & Pincs Rd. intersection to bring this intezsection up to an acceptable level of service. 2. The I7eveloper is thc owmer/developer af certain real property generally located within the SR 27 (Pines 1Zoad) and Mansfielci Road corridor north of Interstate 90 legaUy described in Exhibit "A° ("Properly"). 3. The Iaevelnper is developing the Property for residential and/or couimercial uses (lbe "DeveloPment") which will vicrease trafTic congestion and directly impact e?.isting transportation i.nfrastructure along the Pines/Mansfield corridor from and i.ncluding the on- and off=rarnps at 1-90_ Miligation of these impacts will be rcquired as part of the developmenc of said properly. 4. The Parties are desirous of e.ntering into an Agreement which provides for the payment of a prpportaonatc share of the Projecl in consideralion for the alldcation of a specificd number of P.M. Pe,ak T-Tour trips and mitigation of traffic impacts associated with the Development. t \brthwood Propcrties, N. oat:ion Agreement 5194673 Pa;gP : 3 of 9 ' Pirus/Mansfield Road Construction Projec:t 03/24/EG05 03:89P aC ? t 11 4T, l.I t OF tX i AC i C . 4 Spokane Co, uA 5. 1'he Developer rec;ognizes the need to imprave the tratTic congeslicm i.n the 7?ineslMansfield corridor and has agrced ro financidlly participate in the Prqject ry contributi.ng a pro-rata s}iare of the required local match.i.ng fiinds. The Developer's pro- rata share is baseti on the total number of trips previously estimated for the Devclopment. 6. 1'ursuant to RCV►' 43.21 C.060, and RCW 82.02.020, the City has the authority to allow a payment to mitigatc a cii.rect impact that has heen idcntified as a eansequenee of a proposed devclopment. `1`he City (1) has identified Future road projects necessitated by planned development in certain arcas of the City; and (2) has identified a reasonable rclatianship between unpdcts generated by the Develnpment to the transpartation system anii the fiilancial contribution toward those impacts. 7. To mitrgate the direct impacts of the Development upon existing transportation facilities; the Yartics are voluntarily entering into this ngreement pursuant to RCW 82.02.020. 8. It is intended ihat this Agreement provicie tunds in order to mitigate the direct teaffic-related impacts of the Development upon the environment wluch have been identified thxough the SEF'A review process and documentecl in the (;ity File ivo. RF7-06-04. AGRL+"EMENT NOW, TIIERFFORE; in consideration of the mutual covenants and cvnditions herea$er set forth, the Developer and the City hereto agree as follows: 1. Voluntan' Agrcement. This Agrccmene, uicluding all attachcd documents, is a voluntary agreement as lhat term is u-sed in RCW 82.02.020. The initigation f:ees charged herein a.re proporlional to the kraffic-relaled impacts generated by the 17evelopment. 1"he parties acl:nowledge that the capital project is reasonably neccssary to rnitigate the direct trafrc i.nipact ol'the :I7evelopment. [n the event tlus nvtigation agreement is determined by a court to be null and vaid the City shall refuncl the unexpcnded portion of mitigation fees. Follo'King a termination of this agreement the Developer shall, as reasonably required; miLigale the direct traf7ic impacts of the Taevclopment through the State Environmental Pelicv Act. 2. Yroiect Funcis. The Project is being fitrided Crom scveral sUUrces including, the WashinD on Sta1e DePartmenl af Traiisportation (WSDOI), che T'1B, the SRTC; the City, and private developers. Funds from WSTaOI°, TIB, SRTC and the City have bccn obligated. SeE. "F.xhibit B". 3. Mitip-ation k,ee. The Developer shall pay $1,821, ($303.46 per P.M. Peak IIour trip), which has been determineri to be the Developcr's contribution ta the Projecl for mitigalion of future traffic impacts r.elatcd to the Devclopment. This traffic mitigation fee shall be eapended towards tlle design, riDht-of-way acquisition, and construction of thc 13roject. P.N'uhloe'Nrntsl.Capiml PmjcxOl'ieerMAafiddU4itignist. Aveacecu.ml'I'ICrAY1fnN AGRL-EAtE\'1' Nnnhwo~4 PtuPvtadoe Northwood Pro er~:ies I~, ~"~[ion A reement 5194673 P ~ ~ ~ Page : 4 of 9 , Yines/Mansfeld Road ConslTUCtion Project 03/24t2883 93188P d[,UE (M JT, CI' r]F ~i K ~ *2~, in Spokane Co, uA 4. Pavment To bcgin t6e design of the Project, the I7cveloper agrees to pay all, or at lE;~..st 20% of its mitigation fee no later than February 25, 2005. A letter of credit, savings a.ssigmncnt; set-aside letter; or other apprapriate mechanism that gives the City a unilateral right to access the Funds pursuant to khis agreement from a financial i.nstitulion shall also bc provided lo the City no later than February 25, 2005 far the remaini.ng 80% of the Developer's mitigation fee. The remaining $0% of the 15evelopcr's m.itigatiUn fee shall be collected by the City no later than 90-days prior to ihe Project bid date for construction. The City will notify the Developcr afthe Prnject bid date when it is deterQUned. All fees paid by the Dcveloper shall be used as a portion aF the local match requirctl fior thc TIB and SRTC grants related to the design, right-of-way acquisition, and cnnstruceion of the F'roject. 5. Sitc Iaevelonment. $uilding permiLS tivill bc issued for the llevelopinent when 1) this agreement has been executed by the Developer aiid the City, and 2) the Developer's mitigation fecs have bcen paid in accordanee lArith Seclion 4 above; and 3) all Ulher conditions ot' approval of the Development rcquired by state and local laws are satisfied. EYecution of this agreement releases the Developer frnm thc requi.rement of constructing frpntage improvcments on the Property, provideci said frontage improvements are included in the Projecl. If fronlage unprovements are not included in [he Yroject, the Developer is responsible for cpnstnicLing frontage improvements in addition lo paying lhe mitigalinn fecs. 6. Compliance with RCW 82.02.020. Payment collectcd by the City Nvill be held in a mitigation fee reserve account and may only be expended to fund the design, ri;ht-of= way acquisition, and construction oi'the Yruject. Payments shall be expended within f ve years of callect;ion. The City shall be entitled to reimbursement from the mitigation fee reservc account for any funcis it may expend for che design, rielit-of- way acquisition, and construction of thc Project prior to the eollection aFthe fee. Any funds in the mitigation fee reserve account not expendecl wiihin fve years shall be refundecl by the City with intcrest as pravided in RCW 82.02.020. 7. Committed P.M. Peak Hour Trins. 'Che City agees to reserve wiihin the Project up to a total of 61'.M. Peal: l-lour trips for lhe Pr9perty until the Dcvelopment is cc7mpletc provided such reservation complies wiXh all federal, state anci local laNvs at the tunc application for a building pcrmit is made. "Complet:e" is defned as having received all governmental pernuts and approvals neccssary t.o construct and permanently occupy the Development. Tf the t4tal number of P.M. Peal: Hour trips for lhe 17evelapment exceeds lhe tota.l number of reserved trips noted above, a new traffic study shall be provided to determiue if additional traffic mitigation is required. 8. Cc►ocurrencv: In ac:cordance Nuith the City's adoptcd concurrency standards pursuant to RCW 36.70A, the P.M. Peak Hour trips nutigated herein s6all be considcred tn have satisfied concurrency f'or the Yroject from t:he l7evelnpincnt as providecl in paragraph 7. A.ny remaining capacity shall be available to the general public. 1!1Pwhlic N'arks5Cnpiu! I;oja,y~Pines-A1nn~cldU.l~igatrm Aiymx=siMitigpikb Ae..,...J.,i~.XI71GATI0Y AfitFsF,1.1Ei.'T Nnnhww9 I'tupenies.dnc , 5194673 . Northwood Properties, A. ;ation Agreemt PAge: 5 of 9 . Pines/Mansreld Road Construction Project S3/24/c8ti93 03: 9&P bd _k 141~.T, cI r]F SO J( F,6 ~ !k, .49 Spokmez Co, PA 9. Norice: All cnm.munications, notices or demands of any l:inci which a party under this Ageement is required or desires to give to any other party shall be in -vvriting and be either (1) delivered personally, (2) sent by iacsimile transmission with an additional copy niailed first class, or (3) dcposited in the U.S. mail, certified mail posiage prepaid, return receipt requested and addrested as fUllows: If to the Ciry: City of Spokanc Valley 11707 E. Sprague Avc., Suite 106 Spokane Valley, NVA 99206 Fax: (509) 921-1008 Attn: City Manager It'to thc Developer: 'I'ed Guiuung Northwood Properties 9616 E. Montgomery Avenue Spokane, WA 99206 10. Successors. '1'his Agreement shall be bindin; on and inure to the benefit of t1le successors and the assigns of the Partics. 11. Governing Law. This Agreement shall be construeci in accordance wi1.h the laws of the State of Washington. Any action for enforeement of this Agreement shall be brought in a court of competent _jurisdiction in Spokane Cotmly, Washingtotl or as othenvise provided by statute. 12. Modifications. No modification or amendment of this Agreement shall be valid until the satne is reduced to Nvriting ancl executed with the same formalilies as the Present Agreemcnc. . 13. Waivcr. No ofi"icer, employce, agent or alhervvise of the City ]tas the pawer, riglit or authority to waive any of the conditions er provisions ti) this Agreement. No vvaiver or any hreach of this Agreemcnt shall be held to be a waiver of any o[her or subsequent breach. 14. Rcnresentatioa. This Agreement fornis a fully integrated agreement bctwe.en the Parkies. No othcr understandings, oral or other,.%6se, regarding the subject matter of this Agreement shall be dcemed to exist or to bind any of'the Parcies hercto. This agreenient shall meet lhe mitigation rcquirements for direcl traffic-related impacts of the Devclopment wilhin the Project limits as describcd in the Project deseription in Section 1 of the Recitals and as iclentifieci and documented in the City File(s) referenced in Scction 8 of the Recitals. This agreement shall nol supersede any other conditions of approval nnt directly relateci tn traffic-related impacts of the Development Nvithin t:he Project limits. P.1PuLlic N'urWiCnpitai Ptqa.lslPinehbtn~c~dL41i[igm4n Apome'IS1.Mitigetim A,__.__.S1.KITIG,1'PIOY A[iSLEFNQNT Nnn6ar*d f...r_.:..,,Anc . 5194673 ` , Northwood Properkies, A, gation Agreemen + Pr.cs; 6 of 9 . PineslMansfield Rr~ad Construction Projeet I 93/2412895 93:06P - 60. CI r 7F 5 f+L t k, . 18 Spokans Co, VA All Part:ies have read a.nd understand all orthc Agreement, and now state that no representation, promise or agreement not e.xpressed in the Agreement has been made to induce any Party to execute the sa.rne. 15. Authorih,. Both Parties ta this Agreement represent and certify that they have fiall authority and power to enler into aud carry out this Agreemcni. Thc persons sigiung this Agreement represcnt that they have autharity to act for and bincl their respective nri.ncipals. P:Vhiltlie Wm4slCapital Pirijau~Pines-Marssftttdllliti~tiuo AgeemnttAM.itiption ApJcrancnt3J.1197GAT10N ACRLI:MF.'VT 1.5~thwnod lhupcrtin.dnc 5194673 , Nor[tiwood Properties, N. gation Agrcemen PagP 1 7 of 9 . Pines/Vlansfield Road Ccrostruetion Praject 03t24/2985 03,89P u~.E t hEp T, CI UF 5 hu, te7. Q Spokane Co, 4fA N WITN ~'SS WHER:E40F, thc Parties havic executed this Agreement this day of " Akeh , 2005. llFVELOPER: Northw od Yrope 'es $y: S'f'ed Gunning STATE OF WASHiNG'1'UN ) ) ss. County of Spokane ) On ihis day aF 2005 before me, thc undersigued; a Notary Public and for the St te of Wa..slungtr~n, duly commissioned and sNvorn, pers na.Lly apPeareci ~~c~-- Cjt~n~to me known to be the 0f7 ~Y[_cI ~9c) n r'1 F vta4-- u . the corporation that executed the foregoing i.nstrumtdt, and acknawlcdged the instrument to be the free and voluntary act and deeci of the c.orporation; for the u.ties and purposes therein mentianed, and on aatli stated that he is authorized to execute the instrument WTTNLSS my hand and official seal hereto a.ffxed the day and year in this certificate above written. N)R Naia Publ6c State ot iashim mn N.P 1, n for the qa ~LAAION GIRES ~ V~~ashington, residin at K~-C,LL_0 ' L~' Dec. 15, 2007 M, commission exPires: LiN r e D Printed Nfwk- CITY CaF SYUKAI~TE VALLrY: -Ar llavid Mereier,-dehy_Manager A°I"" T: APFROVF ns To FoRM: ~ . C-bris'Bainbridge, Citv C~crk Cary iskell, Depul C;ity Attorney P_1PuLIlC WorWCnpzxal ProjacLSlPineS-A1anslielE5A1i7i~l:inn Apjer.nimiLfiA1[ig~Km .~xmem~'J.71T1GATIOA' AGItELMkNY' T4vthwood YrUptatia.dac - . " 5194673 . Page, 8 of 9 ; 83/24/2885 0318EP GW t{1 ,1, CI it JF hG s C'. 6 Spokane Co, ItA Exhibit "A" Ermina LI 45094.0506 ~ ~ ~ ~ mensne.d J ` 45094.0506 PINCROFT 1ST E112 OF BIKS 4-8-12 , - 5 194673 I • g 9af9 83124/2093 03: 98P . i.tl!. UiE -T,_C1 Y IF S'OKJ h~ k:. a9 SpoY.ane Co, !tR - ."Exhibit'B' Pines/Mansfield Cost Esfimate PE ROW Construction Totals - City Portion - Mansfiald Ave. (3-tane Section) Pre(iminary Engineering $75,622 . -Soils InvDstigation $1 5,000 Right-of way $500,000 ProjecE Signing $2,000 Contingencies - 10°!0 $75,622 ConstrucEion Engineering - 10°!0 $75,622 Construcfion - 10% $756,220 EnvironmentaUMisc. Enq $16,393 SubtataEs ' $107,015 $600,000 $909,464 $1,610,479 WSDOT Portion • . Design Engineering $200,000 Right-of-way (Euclid) . $25,000 ROW - Pines $100,0O0 . ' Construction $1,570,464 ' ContingencEes $65,745 Sz1es Tax - 8.1 % $123,158 Construction Engineering 16% - $252,979 Subtotals $200,000 $125,000 $ 2,022,346.00 $2.347.346 TOTAL $307,015 $725,000 $2,931,810 $3,953,825 ` Added $50,040 per revised estimate frorn WSDOT far additional flagging requir?d at RR crossing. TIB $ 2,193,561 55°!0 Develogers $ 499,795 13°0 City $ 55,000 1 % WSDOT $ 55,000 1 % CMAQ $ 1,160,540 29% Total $ 3,963,856 100% 9302170328 - . . LIMITED DLIRABLE POh'ER OF ATTORNEY OF ' . , ~ ~.4 '93 THEODORE G. GUNNING ~"~).i.'•.'~ct;: 'r • ~r.:N~i'Y itAS}t. AFID DIANE D. GUNNING i.rf .~.291. 1. DESIGNATION: The undersigned Prir.cipals, TH£ODOf2E G. GUNNING and DIAiQE D. GUNAIING, both individually, as we11 as Northwoed Properties, Inc., a SdashS.ngton corppration (CarpoXation), throuqh its offiCers, THE01?ORE G. GUNNING and DFANE D. GUNNING, hereby designa.te GARY GUNNYNG, as attorney-in-f.act for the limited power set forth in Paragraph d herein anc3 puzsuan.t to the texms and provisions of this deszgnation. 2. EF'FECTZVENESS : This pocaer of Attorney shall become effective upon executien and receipt bX the attorney-in-fact of a signed copy of this document. This powex of Attorney shall not be aff.ected by disability of either the Principals. 3. TERMINI#TION: Notwithstand.i.ng any uncextainty as to whether the P,ri.ncipal is alive or dead, this Powez of Attornoy shall continue in effect to the extent permitted by law until revoked or terminated. The Prxncipal may zevoke this Po4rer of Attorney by written notice of said revocation directed ta said attorney-in-fact, recorded in the Offi.ce of the County Auditor af Spokane County, washzngton, and se.rved upon the attoxney-in-fact. In the event, however, that service of said n.otz.ce cannot be made upon the attorney-i.n-fact after reasonable effort is made to do so, said Power of Attorney shail, as betcaeen said Principal and attorney-in-fact, nevertheless be deemed revoked by vxxtue of the recordinq of said notice. The acti,on of the ettozney-in-fact in undertaking the duties and responsibilities of said office shall constitute agreement by them to the above revczcation provisions. 4. POWERS: The attorney-in-fact, as fiduciary, shall have the poweac, both on beha2f of Northwood Properties, znc. and'either THEODORE G. GUNNING or DIANE D. GUNNING or both, to do any and all of the following: a. Undertake all proceduzes necessary for the prelima,nary oz final platting pxocess of all real estate owned by the Gunnings arid/or Gorporation in Spokane County including the recording o_f final plats. b. Obla.gate tihe Gunninqs and/or Corporation for indebtedness oz purposes of estab1ishing letters of credit with Source CapitaJ, or any other lendi.ng institutions necessary for the DURABLE POWEe2 OF ATTOF2NEY - i t'd L4909E5605 b3N2d81N3NStr 113NW38 WObi Va'dE9 :8 466 l-OC-9 1••' ~ ~~3 e `0 platting of real estate owned by the Gunning's and/oz Corporation in Spokane County. c. Obligate the Gunnings and/or Corporation for any other . indebtednes$ necessary to establish a bond or provide foz other financial requa.rements necessary for the platti.ng prQeess of real estate owned by the Gunnings and/or Corporation in Spokane County. d. Accomplish an assignment of funds or accounts owned by the Gunnings and/or Corporation ox' funds borrowed by them for any purpose whatsoever inc?dental to the platting process Qf any and a11 real estate owned by the Gunnz,ngs and/oz Corporation in SpokanE County. e. Execute any and a1.1 documents necessary to complete the pZatting process of any and all rea2 estate oomed by the Gunnings andlor Corporati,on in Spokane County. f. Execute any anci all documents necessary to convey any and all 2ots in any subda.visS.ons which the Gunninqs and/or , Corporation own in Spokane Caunty, Washington, and more specifiCally to do all things necessary to convey lots to builders or home builders. 5. RELYANCE: So long as neither the attorney-in-fact nor any person with whom Lhe attorney-in-fact was dealinq at the time Qf any act taken pursuant to this Power of Attorney has receaved actual knowledge or written notice of revacation oz termination of the Power of Attorney by death or otherwise, the attorney-in-fact and such othez persons dea].ing with the attoxney-in-fact shall be entitled to rely upon th.is Pqwer of ALtorney. Any actxons so taken sha11 be binding on the Principal, heirs, legatees, devisees, guardians and personal representatives of the Principal. 6. INDEMNITY: The estate of the Principal shal]. hald harmless and indemnify the attorney-in-f.act from any and a].1 liability fox acts done in good faith as said attorney-a.n-fact. 7. COMPENSATION: The attorney-in-fact shal.]. be reim.bursed foX all costs and expenses reasonably incurred and shall receive at least annually, without Court appzoval, such reasonable compensatian for gervices pezfox'med as attorney-in-fact as is customari],y eharged by the trust departments of banhs in the community far like services perfoxmed as attorney-in-fact and/or as guardian of an estate. DUR.A.BLE POWER OF AT'TORNEY - 2 z.d L1-90SE5609 a3v389N3HSv 113NN38 ►^tOLiA Wd75 = 8 466 t-0£-S . ~ 3,'~GE 12 8. APPLYCABLE IyAW: The laws of the State of Washington: shall yovern this Power of Attorney. DATED this /..3 day of. . , 1993. THEODORE G. GUNN NG Uf NE D. GUIINING /f STATE OF WASHINGT4N ) ) ss. County of Spokane ) On this day pexsonally appeared before rne THEODORE G. GUNNING and AIANE D. GUNNING to me kncw'n to be the inda,viduals described in and who executed the within and foregoing instrument, and acknowledged that they signed the same as their free and voluntary acts and deeds, for the uses and puzpo3es therein mentioned. IN WITNESS W23ARZOF, I have set niy hand and of:Eicial seal this d ay o f.~.~7 ,I• , 1993. . • . . . - ~ NO~,A.Ry PUBLIC in and for the • State of Washington, residing at Spokane 24~, Appointment . Expires : NO.RTHWOOD PROpERTI S, NC. J' THEO ORE G. GUNNING, Pzesid.e~ DZbN~ D. GUAINI`f~G, Secretary ~ DURABLE POWER OF ATTORNEX - 3 ' C'd LL90SE5609 a3rv3a8v3-rse ll3Nrv3s NrodJ wbvs = s L66 t-aS-s . ~ . STA'1'E OF tniASHINGTOb1 ) ) S5. CQUNTY OF SPOKANE ) On this day personalLy appeared before me THEODORE G. GUNWZNG and DZANE p_ GUAJt1ING, to me known to he the Pz'esident and Seeretax'y, respectively o.f AIORTHW00D PROPERTZES, IIJC. the corporatxon that executed the foregoing xnstzument, and acknowledged the said instrument to be the free and voluntary act and deed nf saa.d corporation, for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute the said instrument. GIVEN under my hand and official seal tha,s day of 1993. . ~ j .c' - ! ~ .•i 1"=.. Notary Public i,n and for the State. . o~, .Washington, residing at Spokane_ •,k~~y, rommissa:on expires: . , . ' ' . , . • _ . . . ; - _ . . c nRi s\ a0Jk\cutjw i crc _ r.c - Di1RABLE POWER OF ATTORNEY - 4 V'd LL905IES609 63fV3t9N3HSV 113NN39 l~.'0dJ INV9S = 9 L66 l-OS-9