25520 BSP-67-98
1. 7.
9s o, ~•,~7
V •:.1 ~
NO.
BEFORE THE BOARD OF COUNiY COMMISSIONERS
OF SPOKANE COUNTY, WASHINGTON
IN THE MATTER OF EXECUTING A SATISFACTION )
OF CONDTTIONS AGREEMENT WITH HANSON, ) R E S O L U T I ON
INDUSTRTES, INC. )
WHEREAS, pursuant to the provisions of RCW Section 36.32.120(6), the Board of County Commis-
sioners of Spokane County has the care of County property and the management of County funds and business;
and
WHEREAS, on October 13, 1998, under Spokane County Resolution No. 98-0829, the COUNTY
executed a Agreement whereby HANSON AND SPOKANE MALL upon joint execuaan of the Agreement
agreed to provide certain moneys to Spol:ane County in exchange for Spokane County agreeing that certain
Conditions of Approval recommended by the Spokane County Engineering Department ONLY xvithin thc
Conditions of Approval for PE-1504-85 and ZE-180-78, namely Nos. 1, 14, 15, 16, 17, 19, 20, 21, 28, 29, 30,
32, 333,34, 35, 362 37, 38, 40, 411 42, 43, 44, 45, and 46 With condition No. 39 separatel}, addressed, adopted
under Resolution No. 86-0265, including but not necessarily limited to the construction of the Evergreen
Interchange, Evergreen Connector to Mission, and Evergreen Road. south to Sprague Avenue, Indiana Avenue
(with a11 infrastructure improvements) from Pines Road to approximately 715 lineal fect east of Sullivan Road,
the intersection of Indiana Avenue and Sullivan Road, the intersection of Indiana Avenue and Pines Road, as well
as Condition No. 1 under COLJNTY DMSION OF ENGINEERING AND ROADS CONDITIONS «~tlvn
BSP48-96, to the exrtent that it adopts the above referenced conditions, have been satisfied.
WHEREAS, SPOKANE MALL and HANSON, at the present timc, are trying to resolve some
issues relative to their respective obligations under the Agreement executed by the COUNTY under
Resolution No. 98-0829 accordingly, SPOKANE MALL is unable to execute the Agreement although
HANSON has executed the Agreement so that it can obtain building permits under in excess of 95,000
square feet for Market Point 1 within PE-1504-78 and ZE-180-78; and
WHEREAS, HANSON has proposed that until SPOKANE MALL executes the Agreement
executed by the COUNTY under Resolution No. 98-0829, HANSON will provide $5.2 million dollars to
Spokane County in exchange for Spokane County agreeing that certain Conditions of Approval
recommended by the Spokane County Engineering Department ONLY within the Conditions of Approval
for PE-1504-85 and ZE-180-78, namely Nos. l, 14, 15, 16, 17, 19, 20, 21, 28, 29, 30, 32, 33, 34, 35, 36,
37, 38, 40, 41, 42, 432 44, 45, and 46 N%ith condition No. 39 separately addressed, adopted under
Resolution No. 86-0265, including but not necessarily limited to the construction of the Evergreen
Interchange, Evergreen Connector to Mission, and Evergreen Road south to Sprague Avenue, Indiana
Avenue (with all infrastructure improvements) from Pines Road to approximately 715 lineal feet east of
Sullivan Road, the intersection of Indiana Avenue and Sullivan Road, the intersection of Indiana Avenue
and Pines Road with the clear understanding that in providing said moneys this will not enable
Page 1 of 2
SPOKANE MALL to obtain any building permits for an}' Gross Area in excess of 650,000 square feet for
BSP-48-96 (later increased to 715,040 square feet) until SPOKANE MALL executes said Agreement passed
by the COUNTY under Resolution No. 98-0829; and
WHEREAS, the COtJNTY does not want to forestali the issuance of building permits to
HANSON in excess of 95,000 square feet for Market Point 1~,%ithin PE-1504-78 and ZE-180-78 and
accordingly is desirous of entering into an agreement with HANSON as proposed in thc immediately
preceding recital.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Board of County Commissioners of
Spokane County, that either the Cha.irnan of the Board, or a majority of the Ba3rd, be and is hereby authorized
to execute that document entitled "SATISFACTION OF CONDITIONS AGREEMENI'," pursuant to «-hich,
under certain temis and conditions, the Board of County Commissioners of Spol:ane Gounty will execute an
Agreement %vith Hanson Industries, Inc. (HANSON) «-herein HANSON Nvill provide $5.2 million dollars to
Spokane County in exchange for Spokane County agreeing that certain Conditions of Approvat
recortunended by the Spokane County Engineering Departmcnt ONLY Within the Conditions of Approval
for PE-1504-85 and ZE-180-78, namely Nos. l, 14, 15, lb, 17, 19, 20, 21, 28, 29, 30, 32, 33, 34, 35, 36,
37, 38, 403, 41, 42, 43, 443, 45, and 46 with condition No. 39 separately addressed, adopted under
Resolution No. 86-0265, including but not necessarily limited to the consiruction of the Evergrcen
Interchange, Evergreen Connector to Mission, and Evergreen Road south to Sprague Avenue, Indiana
Avenue (Nti7th al] infrastructure improvements) from Pines Road to approximately 715 lineal feet east of
Sullivan Road, the intersection of Indiana Avenue and Sullivan Road, the intersection of Indiana Avenue
and Pines Road with the clear understanding that in providing said moneys this w-ill not enable
SPOKANE MALL to obtain any building permits for any Gcoss Area in .eacess of 650,000 square feet for
BSP-48-96 (later increased to 715,000 square feet) untii SPOKANE MALL executes said Agreement passed
by the COLJNTY under Resolution No. 98-0829.
PASSED AND ADOPTED this`5~ day of 1998.
~ ~BOARD 0~ COUNTY COMMISSIONERS
~,o OF COUN"IY, WASHINGTON
C~~ "G ~ ' 3 . lr
. , ATTEST: WILLIAM E. DONAHUE~M. TE S IN, Vice-Cha.ir
Clerk o~ d
B ~ LA CKS4i~i JOHN ROSKELLEY
Deputy Clerk (res\'anSo"jpe) -
PagC 2 Of 2
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. • Return to:
0 SATISFACTION OF CONDITIONS AGREEilIENT
THIS AGREEMENT, made and entered this day of , 1995, by and benveen
Spokane County, a political subdivision of tlle State of Wastiingto►l having offices for the transaction of
business at 1116 West Broadway, Spokane Washinaton 99260, hereinafter referred to as "COUNTY," and
Hanson lndustries, lnc., having offices for the transaction of business at 15102 East lndiana Avenue.
Spokane, Wasliington, 99216, hereinafter referred to as "HANSON," liereinafter referred to as the
"PARTIES."
WITNESSETH:
WHEREAS, pursuant to the provisions of chapter 36.70 RCW, chapter 58.17 RCW and loca)
County ordinances adopted pursuant thereto, the County lias tlie statutory obligation to guide and regulate
the physical development of the unincorporated areas of Spokane County, includina but not necessaril),
limited to the approval of subdivisions, zone changes, and binding site plans; and
WHEREAS, on the 25th day of March, 1986, under Spokane County Resolution No. 86-0265,
HANSON received approval from the COUNTY for a mixed use development on an approximate 226-acre
site to include an accompanying rezone, having a Spokane County Planning Department File designation of
PE-1504-SS and ZE-180-78; and
WHEREAS, in conjunction with the approval of PE- l 504-85 and ZE-1 80-78. H.ANSON was
required to meet certain conditions of approval which were broken doNvn into three phases, Namely
Phase I, Phase II and Phase III; and
«'HEREAS, subsequent to the approval of PE-1504-85 and ZE-180-78, HANSON sold a portion
of the property which was the subject of such approval to SPOKANE MALL DEVELOPV1EiNT
COMPANY, LIUIITED PAR"T'NERSHIP, a Utah Limited partnership; hereinafter referrEd to as SPOKANE
MALL; and
1VHEREAS, under Spokane County Resolution No. 96-0338, tliat portion of the property which
was the subject of approval under Spokane County Resolution No. 86-0265 and which was sold by
HANS0N to SPOKANE MALL received approval of a Bindina Site Plan, BSP-48-96; and
Satisfaction of Conditions Agreement
Page 1 of 9
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WHEREAS, the Final Environmental Impact Statement and Supplemental thereto for PE-1504-85
and 7E-1 80-78, approved under Resolution No. 86-0265, provided that development of the property would
occur in three (3) general phases, with Phase II not proceeding until roadway construction and
improvements set forth under Conditions of Approval recommended by the Spokane County Engineering
Department and made a part of the County's approval were satisfied, which conditions mean that no
buildinb permit Nvould be issued for any Gross Leasable Area in excess of 650,000 square feet (later
increased to 715;000 square feet) for BSP-48-96 and no building permit would be issued for any Gross Area
in excess of 95,000 square feet for Market Point I(as calculated on the conversion of a planned hotel site
within Pliase l to retail uses) witliin PE-1504-?8 and ZE-180-78; and
WHEREAS, BSP-48-96, approved under Resolution No. 96-0338, included various conditions to
include Condition No. 1 under COUNTY DIVISION OF ENG[NEERING AND ROADS COINDITIONS
which provides:
The applicant shall comply with the Conditions of Approval for Spokane County Zone
Change ZE-180-78 and the conditions imposed as part of the fnalization of PE-1504-85.
Additiotially, all environmental documents under tlle State Environmental Policy Act
(SEPA) applicable to tllis project.
WHMREAS, HANSON desires to enter into an Aoreement whereby it will provide certain moneys
to Spokane County in excliange for Spokane County agreeina that certain Conditions of Approval
recommended by the Spokane Counry Enaineering Department 0NLY within the Conditions of Approval
for PE-1504-85 and ZE-180-78, namely Nos. l, 14, 15, 16, 17, 19, 20, 21, 28, 29, 30, 32, 33, 34, 3S, 36, 37,
38, 40, 41, 42, 43, 44, 45, and 46 witli condition No. 39 separately addressed, adopted under Resolution No.
86-0265, includin~ biit not necessarily limited to the constniction of the E~~ergreen InterchanQe, Evergreen
Connector to Mission, and Evergreen Road south to Sprague Avenue, Indiana Avenue (xvith al(
infrastructtire improvements) from Piiies Road to approximately 715 lineal feet east of Sullivan Road, tlle
intersection of Indiana Avenue and Sullivan Road, the intersection of Indiana Avenue and Pines Road, have
been satisfied; and
NVHEREAS, on October 13, 1998, under Spokane County Resolution No. 98-0829, the COLJN7Y
executed an Agreement whereby HANSON AND SPOKANE MALL upon joint execution of the
Agreement abreed to provide certain moneys to Spokane County in exchange for Spokane County agreeing
that certain Conditions of Approval recommended by the Spokane County Engineering Department OiNI.,Y
within the Conditions of Approval for PE-1504-85 and ZE-180-78, namely Nos. l, 14, 15, 16, 17, 19, 20,
21, 28, 29, 30, 32, 33, 34, 35, 36, 37, 38, 40, 41, 42, 43, 44, 45, and 46 with condition No. 39 separately
addressed, adopted under Resolution No. 86-0265, including but not necessarily limited to the construction
of the Evergreen Interchanae, Evergreen Connector to Mission, and Evergreen Road south to Sprague
Avenue, Indiana Avenue (with all infrastructure improvements) from Pines Road to approximately 715
lineal feet east of Sullivan Road, the intersection of Indiana Avenue and Sullivan Road, the intersection of
Indiana Avenue and Pines Road, as wel( as Condition No. 1 under COUNTY DIVISION OF
ENGINEER.ING AND ROAD CONDITIONS within BSP-48-96, to the extent that it adopts the above
referenced conditions, have been satisfied.
Satisfaction of Conditions Agreemcnt
Page 2 of 9
WHEREAS, SPOKANE MALL and HANSON, at the present time, are irying to resolve some
issues relative to their respective obligations under the Agreement executed by tlie COUNTY under
Resolution No. 98-0829 accordingly, SPOKANE MALL is unable to execute the Agreement although
HANSON has executed the Agreement so that it can obtain building permits under in excess of 95,000
square feet for Market Point I within PE-1504-78 and ZE-180-78; and
WHEREAS, HANSON has proposed that until SPOKANE MALL executes the Agreernent
executed by the COUNTY under Resolution No. 98-0829, HANSON will providc $5.2 million dollars to
Spokane County in exchange for Spokane County agreeing that certain Conditions of Approval
recommended by the Spokane County En,ineering Department ONLY within the Conciitions of Approval
for PE-1504-85 and ZE-180-78, namely Nos. 1, 14, 15, 16, 17, 19, 20, 21, 28, 29, 30, 32, 33, 34, 35, 36, 37,
38, 40, 41, 42, 43, 44, 45, and 46 with condition No. 39 separately addressed, adopted under Resolution No.
86-0265, including but not necessarily limited to the construction of the Evergreen lnterchange, Evergreen
Connector to Mission, and - Evergreen Road south to Sprague Avenue, Indiana Avenue (with all
infrastructure improvements) from Pines Road to approximately 715 lineal feet east of Su(livan Road, the
intersection of Indiana Avenue and Sullivan Road, tlle intersection of Indiana Avenue and Pines Roadwith
ttie clear understanc3ing that in providina said moneys this will not enable SPOKANE N1ALL to obtain any
building permits for any Gross Area in excess of 650,000 square feet for BSP-48-96 (later increased to
715,000 square feet) until SPOKANE Mf1LL executes said Agreement passed by the COLlNTY under
Resolution No. 95-0829; and
WHEREAS, the COUNTY does not want to forestal) the issuance of building permits to HANSON
in excess of 95,000 square feet for Market Point 1Nvithin PE-1504-78 and ZE-180-78 and accordingly is
desirous of entering into an agreement ~vith HANSON as proposed in the immediately precedin~ recital.
1\TOW THIEREFORE for and in consideration of the mutua) promises set forth hereinafter and the
Parties do hereby agree as follows:
SECTION NO. 1: I~i 1CORPOR.ATION OF RECITALS
Eacli of the Recital paragraphs is incorporated herein by this reference as though set forth again in full and
made a part of this Agreement.
SECTION NO. 2: SATISFACTION OF CONDITIONS
(a) The COUNTY agrees that all conditions of approval included under the terminology "County Engineer
Department" O\`LY within the Conditions of Approval for PE-1504-85 and ZE-180-78, namely Nos. 1, 14,
15, 16, 17, 19, 202 21, 28, 299 30, 32, 33, 34, 35, 36, 37, 38, 40, 41, 42, 43, 44, 45, and 46 with condition No.
39 separately addressed, in conjunction with PE-1504-85 and ZE-180-78, adopted under Spokane County
Resolution No. 86-0265, including but not necessarily limited to ihe construction of the Evergreen
Interchanae, EverQreen Connector to Mission, and Evergreen Road south to Sprague Avenue, Indiana
Avenue (with all infrastructure improvements) from Pines Road to approximately 715 lineal feet east of
Sullivan Road, the intersection of Indiana Avenue and Sullivan Road, the intersection of lndiana Avenue
and Pines Road, a copy of such Resolution being attached hereto as Attachment "A" and incorporated herein
by reference, have been met and/or satisfied by HANSON.
Satisfaction of Conditions Agreement
Page 3 of 9
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(b) In consideration of the COUNTY agreeing to the provisions set forth in Section No. 2(a) hereinabove,
HANSON slial) initially deposit with the COUNTY by bond, letter of credit, cash or other lawful U.S.
currency the sum of FIVE MILLION TWO HUNDRED THOUSAND DOLLARS ($5,200,000.00).
Upon deposit of the estimated contribution by NANSON, the COUNTY is authorized to draw upon tlle
funds contributed at any time. For the purposes of this Agreement, the terminology "Aroject" shall refer
to the Evergreen Interchange, Evergreen Connector to Nlission and Evergreen Road soutli to Sprague
Avenue, lndiana Avenue (xvitll all infrastructure improvements) from Pines Road to approximately 715
lineal feet east of Sullivan Road, the intersection of lndiana Avenue and Sullivan Road, the intersection of
Indiana Avenue and Pines Road.
In addition to the financial contribution by HANSON for tlle Project, HANSON agrees to dedicate at no
cost to the COUNTY the land needed for right of way as shown on the document entitled "Preliminary
Plat for Sullivan Park Center" dated May 15, 1985, xvllicli was digitized to describe the right of way
necessary for Evergreen Interchange north of 1-90 and its connection to indiana. This right of xvay is
calculated to be 321,639.97 square feet. A copy of the Preliminary Plat for Sullivan Park Center" dated
May 15, 1985, and digitization describing the riaht of ~vay necessary for Everareen lnterchange north of
I-90 and its connection to Indiana is attached hereto as Attacilment "B" and incorporated herein by
reference. HANSO\r a(so agrees to dedicate land under its oxvnership and/or control or HANSON shall
acquire and dedicate tlle land needed for the "expanded right of way." The terminoloQv "expanded right
of way" shal) mean the difference in the total amount of area behveen "Prelirliinary Plat of Record" dated
May 15, 1935, wliich was digitized to describe the right of way necessary for Everareen lnterchanae
north of I-90 and its connection to Indiana and the final Project design as shown on the Final Right Of
Way And Limited Access Plan designed by Washinjton State Department of Transportation for the
Evergreen Road Interchange approved December 23, 1997, a copy of said document being attaclied
hereto as Attachment "C" and incorporated herein by reference approved under Resolution No. 96-0335
or the ultimate design as approved and/or constructed for the Evergreen Road Interchange, which ever is
1ess.
The COUNTY ajrees to compensate HANSON for the valiie of the "eapanded riglit of way" under its
ownership and/or control or having been acquired after final acceptance of the Project. The value of such
"expanded right of way" s11a11 be determined by an MAI appraiser jointly selected by the Parties.
HANSON'S compensation shall be in the form of credit firstly applied to his responsibility, if any, for an
additional financial contribution toxvard the f'roject as provided for hereinafter, and secondly toward
HANSON'S responsibility for public infrastructure improvements as a result of his future developments.
Provided, however, the COUNTY and HANSON may mutually agree to exchancre COUNTY property in
lieu of credit toward HANSON'S responsibility for public infrastructure improvements. For the purposes
of this Agreement public infrastructure irnprovements shall mean traffic, transportation, utilities, and
pilblic roadway drainage improvements as well as right-of-way costs. Additionally. HANSON and the
COUNTY agree that if the Washington State Department of Transportation allows use by HANSON of
WSDOT property in conjunction xvith HANSON'S development under PE-1504-85 and ZE-1 80-78, that
the COUNTY will receive credit against any moneys owing to HANSON under the terms of this
Agreement. The value of the use of the WSDOT property shall be determined in the same manner as the
value of the "expanded right of way" provided for herein.
Satisfaction of Conditions Agreement
Page 4 of 9
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' The bond or other securities provided by HANSON shall be valid for five (5) years or completion of the
Project. If these funds are not utilized witflin five (5) years or the compietion of the Project from the date
of deposit, any unused funds or portion of bonds shafl be returned to HANSON.
The PARTIES acknowledge that a combination of funds from HANSON, Washington State Department
of Transportation (WSDOT), the Washington State Transportation Improvement Board (TIB) and the
COUNTY will be used to construct the Project. Ttiie COUNTY originaily estimated that HANSON'S
financial obligation toward the Project would approximate FIVE MILLION TWO HUNDRED
THOUSAND DOLLARS ($5,200,000.00). HANSON under the terms of this Aareement only is
assuming this joint financial obligation. This figure did not include the cost of the "expanded riaht of
way." Tlie PARTIES agree that the actual contribution of HANSON will be determined by the COUNTY
after fina) aceeptance of the Project. At that time, the total cost of the Project Nvill be determined sole(}:
by tlle COUNTY. The cost of the Project will include the value of the "expanded right of way." The
COUNTY will then allocate thirty-eight percent (38%) of the costs of the Project to HANSON. This
percentaae has been agreed to by the Parties as the proportionate share of the Project which is the sole
responsibility of HANSON.
In the event HANSON'S initial financial contribution toward the Project is less tfiati its perceiltage sliare
as determined hereinabove, HANSON shall be liable for payina the COUNTY the additional fLinds d«e
within thirty (30) days of notification by the COUNTY of such amount. In the event the COUNTY owes
HANSON any consideration for the "expanded right of way" this amount may be a credit aaainst anv
additional funds due.
In the event HANSON'S initial financial contribution to4vard the Project exceeds its actual share as
deteriliined by the COUNTY hereinabove, the COUNTY shall provide HANSON with credit toward its
respoilsibility for public infrastructure improvements as a result of its future developments, exclusive of
Coridition No. 39 addressed in subsection (e) Iiereinafter. HANSON'S credit sliall be equal to the
a►nount whicli is owed to HANSON' for tlie "expanded riglit of way," plus the difference between its
initiaS financial contribution and its final financial contribution as determined by the COUNTY
hereinabove.
(c) The COUNTY acrees that it shall not, through the Spokane County Engineer, require any additional
conditions in conjunction with any extension of time(s) applied for and/or approved xvith regard to PE-1504-
SS 1IlCI ZE-180-78.
(d) The COUNTY agrees that it will apply the same square footage calculations for determining Gross
Leasable Area for HANSON in conjunction with PE-1504-84 and ZE-180-78 that it has used with regard to
Spokane Mall with stand alone pads and, to tlie extent applicable, the Spokane Industrial Park. Both Parties
aaree to negotiate in good faith to the extent that ttlere may occur any disagreements as to these and otlier
issues relative to PE-1504-85 and ZE-180-78.
Satisfaction of Conditions Agrcemcnt
Page 5 of 9
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(e) Condition No. 39, and referenced hereinabove, provides as folloxvs:
39. Indiana Avenue (east of Sullivan Road) shall be constructed as a five-lane facility from
Sullivan Road to the easterly terminus of the Project. Indiana sliali be constructed per the
approved road plans and in conformance with the approved typica) roadway cross-section.
The COUNTY agrees that HANSON has the sole responsibility to satisfy this condition and it can be done
in the following manner. If Indiana Avenue, east of Sullivan Road, is constructed to a design standard
approved b the Spokane County Engineer for a public roadway, HANSON or his/her successors shall
dedicate, at no charge to the COUNTY, all necessary riglit of way and shall be solely responsible for
funding of all desian and construction costs. ?he COUNTY agrees to use its best eFforts to secure grant
funding to construct an extension of Indiana Avenue east from Sullivan Road to Flora Road aiid/or Missioil
Road. HowevEr, the parties hereto a~ree that the COUNTY is in no way obliaated to financially contribute
to sucli extension. HANSON ajrees to permit the COUNTY to leveraae its privately funded improvements
for public grant funding requests.
SECTION NO. 3: TIME IS OF THE ESSENCE
The Parties agree that time is of the essence in conjunctio~i with the provisions of this Agreement. In the
event HANSON does not make a one-time payment of $5.2 million dollars, as referred to in Section No.
2(b), within thirty (30) days of the execution of the Agreement by the COU7'TY tliis A~reemerit shall
automatically terminate without the necessity of any action by either Party. The parties agree that until
HANSON makes the one-time payment as provided for within this Section, no building permit(s) will be
issiied for any Gross Area in excess of 95,000 square feet for Market Point !(as calculated on tlle conversion
of a planned hotel site within Pliase I to retail uses) withiii PE-1504-7S and ZE-180-78.
It is agreed that Condition No. 1 under County Division of Engineering and Road Condition within BSP-48-
96 is not satisfied by this Agreement. Condition No. 1within BSP-4S-96 sliall be satisfied by a separate
Agreement ben-veen SPOhANE MALL and HANSON or by SPOKANE MALL executina that Agreement
executed by the COUNTY under Resolution No. 98-0829. ln the event the SPOKANE N1ALL executes that
Agreement executed by the COUNTY under Resolution No. 98-0329, tliis Agreement sliall automatically
terminate, and the provisions of the Agreement executed by the COUNTY under Resolution No. 98-0829
sliall sLipersede this Agreement.
SECTI0N NO. 4: MODIFICATION
No modification or amendment of this Agreement shall be valid until the same is reduced to writing and
executed with the same formalities as this present Agreement.
SECTION NO. S: WAIVER
No officer, employee, agent or othenvise of the COUNTY has the power, right or autllority to waive any of
tfle conditions or provisions to this Agreement. No waiver of any breach of this Agreement sliall be lield to
be a waiver of any other or subsequent breach. All reiTiedies afforded in this AQreement or at law shall be
taken and construed as cumulative, that is, in addition to every other remedy provided herein or by laxv.
Satisfaction of Conditions Agreement
Pagc 6 of 9
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. Failure of the COUNTY to enforce at any time any of the provisions of this Agreement or to require at any
time performance by any other Party of any provision hereof shall in no way be construed to be awaiver of
` such provisions, nor in any way affect the validity of this Agreement or any part hereof, or the right of the
COUNTY to hereafter enforce each and every such provision.
SECTION NO. 6: TIOTICES
All notices called for or provided for in this Agreement shall be in writing and must be served on any of the
Parties either personally or by certified mail, return receipt requested, sent to tlle PART[ES at tlleir
respective addcesses hereinabove giveil. Notices sent by certified mail shall be deemed served Nvhen
deposited in the United States mail, postagc prepaid.
SECTION NO. 7: HEA.DINGS
The section headings in this Aareement have been inserted solely for the purpose of convenience and ready
reference. In no way do they purport to, and shall not be deemed to, define, limit or extend the scope or
intent of the Sections to which they appertain.
SECTION NO. 8: VENUE STIPULATION
This Agreement has and shall be construed as having been made and delivered in the State of WashinVton,
znd the laws of the State of Washington shall be applicable to its construction and enforcement. Any action
at law, suit in equity or judicial proceedin; for the enforcement of this Ajreement; or any provision liereto,
shall be instituted only in courts of competent jurisdiction within Spokane County; Washinaton.
SECTION NO. 9: ALL WRITINGS C0NTAINED HEI2EIN
This Agreement contains all the terms and conditions a~reed upon by the PARTIES. ~lo other
understandin~s, ora) or othenvise, re~ardina the subject mattEr of this A~reement sha11 be deemed to exist or
to bind any of the PARTIES hereto. All PARTIES have read and understand all of this Agreement, and now
state that no representation, promise or agreement not expressed in this Agreement has been izlade to induce
any Party to execute the same.
SECTION NO.10: AGREEMENT TO RUN WITH LAND
This Agreement constitutes a covenant runn+ng witli that land which was the subject of Spokane County
Resolution No. 86-0265 with regard to PE-15041ZE-180-78. A copy of this Aareement sliall also be placed
in the file of BSP-4$-96 and mailed to representatives of SPOKANE MALL.
SECTION NO. 11: AUTHORITY TO EX.ECUTE
All PARTIES to this Agreement represent and certify that they have ful) authority and PoNver to enter into
and carry out this Agreement. The persons sianin~ this Agreement represent that they have authority to act
for ad bind their respective principals.
Satisfaciion of Conditions Agreement
Page 7 af 9
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SECTION NO. 12: 1NDEMNIFICATION
HANS0N agrees to indemnify, defend and hold harmless the COUNTY and all its officers and employees
from any and all liability, claims, actions, loss, cost or expense of any kind or nature whatsoever claimed by
SPOKANE MALL and/or any of its tenants as a result of the execution of tliis Agreement as well as the
COUNTY'S refusal to issue any further building permits within BSP-48-96 for any Gross Leasable Area in
excess of 650,000 square feet (later increased to 715,000 square feet) until SPOKANE MALL signs the
Agreement executed by the COLTNTY under Resolutioii No. 93-0329 or until HANSON notifies the
COUNTY in writing that it and SPOKANE MALL have eiitered into a separate Agreement. This obligation
shall incliide the responsibility of ernploying/hiring/paying attorneys as designated by tlle COLJNTY to
deFend any such claim or liti~ation. The expense of an}~ such litigation and/or judgment therefrom shall not
be coiisidered a cost of the Project.
SECTION NO. 13: DELAY
Under the terms of this Acyreement, HANSON has agreed to dedicate land under his ovvnership and/or
control needed for the "expanded riolit of way" as well as obtain and dedicate any land under the ownersllip
and/or control of SPOKANE MALL needed for the "expanded right of way." HANSON agrees that if he
cannot voluiltarily obtain such land from SPOKANE MALL necessary for the "expanded right of way" that
he will reimburse the COUNTY for any and all of its expenses necessary to condemn such "expanded right
of way." This Nvill include the cost of appraisal(s) and also thc fees of a SPECIALLI' DEPUTIZED
Prosecutinc, Attorney to file and process sucli condemnatiocl action. The costs of the appraisal, court costs
and legal costs shall not be considered part of the Project in conjunction with determining the total cost of
the Project upon completion. Additionally, to the extent that there is any delay in the coilstruction and/or
coinpletion of the Project by the WSDOT as a result of tlie inability to timely obtain an), "expanded right of
Nvay" from SPOKA\lE MALL, HANSON agrees that any peiialties or delay costs due by WSDOT to any
contractor or subcontractor shall be solely the responsibility of HANSON and siiall also not be included in
the tota) cost of the Project upon completion.
1N WITI'ESS 1 ~ he Parties have caused this Agreement to be execi2ted on the date and
year opposite their respe ~e4s.
f0
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ATTEST: ~•y : BOARD OF COUNTY COM1\1ISSlONERS
OF SPOK E COUNTY, WASHINGT0N
WII.LIAM E. DONA U~, R' '
.D SF~.L . • 4
Clerk of the Board ~ • , ~
I.IP D. ARiRI S, C air
B~: ~ ! 6 ) - 1
-ANIELA ERICKSON
~
Depury Clerl: M. KAT N1` AS , Vice-C~air
DATE:
JOH ROSKELCEY
,
Satisfaction of Conditions Agreement
Pagc 8 of 9
.
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~ STATE OF WASHINGTON )
) ss.
County of Spokane )
On this ~A};~ day of ~QV , 1998, before me, tl~e undersigned, a Notary Public in and
for the State of «/ashingtoii, duly commissioned and sworn, personally appeared PI--IILLIP D. HARRIS, M.
KATE McCASLIN, and JOHN ROSKELLEY, to me knoNvn to be the Commissioners of the Board of
County Commissioners of Spokane County, a political subdivision of the State of Washington, that
executed the within and foregoing instrument, and acknowledged the said instrument to be the free and
voltintary act and deed of said political subdivision, for the uses and purposes tllerein mentioned, and on
oath stated tliat they were authorized to execute said instrtiment, and that tlle seal affixed is the seal of said
County.
IN WIT\'ESS WHEREOF, I have hereunto set my hand and affixed my seal tlie day and year first
written above. `01111111/, -
N5i0.1'~
♦
.4
_ QQ:•v° NpT q,? y~, . NOTARY PUBLIC in and for the State of
Washington, residing at Spokane.
~ pU6LIG • ~
i9A CS M}~ commission expires:
111
DATE: HANSON INDUSTRIES, 1NC.:
a}-: . ~ •
RAYMOND A. HANSON, President
STATE OF WASHINGTON )
) ss.
County of Spokane )
.
On this Y~ day of 1998, before me, the undersigned, a Notary Public in and
for tlie State of \Vashina on, duly commissioned and sworn, personally appeared RAYMOND A.
HANSON, President of Hanson Industries, lnc., to me known to be the individual that executed the within
and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of
said politica( subdivision, for the uses and purposes therein mentioned, and on oath stated that they were
authorized to execute said instrument, and that the seal affixed is the seal oF said County.
Satisfaction of Conditions Agreement
Page of 9
J
: IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal tlle day and year first
written above. -
R~• 04~
~ *P••...`l~i~
S\oN NOTARY PUBLIC in and for the State of
~ ,L ~g -~',o I
Washington, residing at Spokane.
~ NpTARY ~ ~
, .0 M commission ex ires:
,
PUB~~G y p , .
2
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~\'~'OFWPS%-"\~-
K1374031d0001VRNURN A2050
{agree~mall3joint.jpe]
Satisfaction of Conditions Agreement
Pagc 10 of 9
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NO. 86-0265
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BEFORE THE 60ARD OF COU~yTY CONIMISSIONERS
OF SPOKANE COUN i Y, ~%'•ASHINGTON
IN THE MATTER CONCE W.~Lr PRE - )
I.IMINARY SU6DtvfSlOiE-1504-85,.:> ) FiolDINGS OF FACT,
SULLIVAN PARK CENTER u ~~E•1'8Q='7S ) tiNJ DECISION
)
SPONSOR: NANSOV PROPERTIES
THIS (v1ATTER, being considered by the Board of County Commission-
ers oil Spokane County, hereinaFter referred to as the "Board", af an appeal o`
the Spokane County Hearing Examiner Comrnittee unainimous decision c+a:ec No-
vember 19, 1985, where in said Cammittee approved t-he above : e`erenced pro-
posal subject to certain conditions of apprcval.
The Board received an aopeaf application or. Noverr,ber 27, 19115, by
Tom P. May for Estelie Miiler, Evie Crossran, Richard Mo; gan and Tom Rogprs.
The Board held a de novo public hearing on January 27 & 22, 1985,
and having fully considered all testimony presented as wefl as considered
Attorney Tom N1ay's letter dated January 31, 1980, and the sQonsor's response
tnereto and having individually acquainted thems6ves with the vicinity anc the
sile in question, did reach a unanimous decision on February 12, i9850, to ceny
the appeal and in doing so enter the foliowing:
FINDINGS OF rAC i
1. That the October 24, 1925, STAFF REPORT tvas considered as v:etl as the
staff presentation before the Board.
2. That the NovemSer 19, 1985, Hearing Exa;~iner Commi~tee Findinas and
Order were considered.
3. That the file or` PE-1504-25 & ZE-180-78 ~•:as considered by the 6aard.
4. Tha[ the proposal is a mixed-use development on a 226 acres site. ln-
cluded arc a 79 acre regional shopping center, 19 acres o; other commercial
use, 22 acres af business park, 53 acres of industriaf park, a 300 room hotef
and a remaining 43 acres of roadways and open space. ihe development %:,ill be
accomplished through the subdivision of the proper,y as shown on the
applicant's site development plan of 42 lots, reZOning of the property cons;stenL
pt
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with the ac+opted 1986 Spokane County Zoning Code. it is noted tnat reZOning
at the property was not necessary, hovrever, the spensor desired to tie down
the qroposal as much as possible; thus requiring the rezone under the new
zoning ordinance. The review of this project is further consistent with the site
development plan review requirements eslablished with the resiricted industriai
zoning of the property in 1981. The project sponsor has indicated that the full
development of the site will take approximately 15 yea: s to accomplish.
5. That the proposal is located north of Interstate 90 on either side of the
Sullivan Road interchange. The si[e southeast of the Spokane River occupies
portions of Sections 10, 11, 12, 13 & 14, Tot~nship 25N, Range 44 =.1.13A.,
Spokane County, kvasnington.
6. That the proposal has been prope; ly adver:isee in accordance wE:h state
and local regulations.
i. That pubiic testimony regarding the project' focused most attention upon
the p~oject's potential impact to er,is:ing wiidlife i^ the Spokane River Ecosystem
adjoining the property to the north ar~d the ativc-se impacts `rom acditional
traffic volumes which will be generated from tne pro;ect when +t is fL!!y de-
ve)oped. These impacts include noise, exhaus: and inconvenience for ar-ea
residenis. Additional conerns raised we; e that the proposed deve(opment was
an unnecessary commerica( development and could pose an adverse impacL upan
existing businesses.
8. That the proposal is located in an area designated as lndustrial an the
adopted Spolcane County Comprehensive Plan and is %:ithin the Pr:ority Sewer
Service Area (PSSA) where Spol(ane Valley setivers will 'ae installed. ,
The Board f+nds the mixed commercial and industrial uses consistenL with
the County Comprehensive Plan noiing particular-ly tha: general gL'+defines and
goals anticipate mixed use development.
The project further is consistent %vitn the 5eneral locational cuidelines ot
the Comprehensive P1an in that it is 1) locatec cn refatively tfaL 5rcund; 2)
near arter;al, freeway and rail access; ' 3) bu`fered °rom areas cf general
residential developmenl'; 4) the project will be served by public %•,ater and
sewer systems and will be served by a detailed :.raffic circuiation systen %•:hich
will be developed in phases as traffic incre2se, in the area.
9. That the Boarc+ finds the proposal is significar;ly bufiered from most
residential uses in the Va{ley in [hat to the sou:h oE the p; operty lies the
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Interstate freeway and a natural ridge line elevated above the freeway on the
freeway's southern border. To the north of the site lies the Spokane River,
the Kaiser Trentwood 4Vorks and further to the east the Spokane Industrial
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Parfc.
Two areas wh;ch have large lot residential cievelopmenc a5uttino the
property were considered by the Board. One area lies generally an the eas:
side of the p.roject, acjacent and easterly of FIora, the other area lies to the
southwest ol' the project generally parallel to Indiana Avenue as it is currently
located. The Board notes that no building will be allowed in the easterly 500
feet of Lot 27. This v:ould provide a substantial buffer to the residential
development along' Flora. Additionally, the Board finds the project cu^rently
has no planned connection to Flora and therefore a very limited impact cn Fiora
Road until other properties develop and establish an easterly connection ol- the
Indiana road improvements. The Board finds thai the southwest resicential
area will be protected through site-buffering and restrictior,s to the develop-
ment which the sponsor has agreed to in his presentation.
10. That the provisions of the State Environmenta( Policy Act, Chapter 423. 21C
RC1V, 1;'AC 197-11 and the Spokane Environmental Ordinance, Title 11 0` the
Spokane County Cocfe have been met and more particularly:
a) By ciocument issued January 8, 1985, by IVallis D. Hubbard,
P(anning Director, the Suliivan Park Center DEIS, Volumes 1 and 1
(9/80) and FEIS (2/81) are recognized as adopted by reference
pursuant to WAC 197-11-600 (4) and 5pokane Cnvironmental Ordinance
11.20.230.
b) By document signed January 8, 1985, by 4Vallis D. Hubbard, Planning Director, a Determination of Significance and Request for
Comments and on scope of a Supplemental EIS was issued for
modification to the original site plaii, a preliminary plat and zone
reclassitications.
c) The above documents were circulated consistent with WAC
197-11-510 and Spo{cane Environmental Ordinance 11.10.130.
d) The Oraft Supplemental EIS was scoped, draftecl, issued, cir-
culated, reviewed, revised and a Final Supplemental EIS issued
pursuant to bvAC 197-11 and the Spokane County Environmental Or-
dinance.
e) The totaf ariginal EIS, ttie Supplementaf EIS and public comment
given at the public hearing were noted ancf evaluated during tfie de-
cision-making process, including particularly extensive information re-
garding habitat impac[s and effects upon flora and fauna, both cSi-
rectly and indirectly, the traffic issues, and economic analysis.
That pursuant to RCW 43.21C.090, the Board fincis that the environmental
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documents prepared 'I'or [he project are "adequate" especially in Iight oi' the
testimony aC the public hearing.
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That the Board finds that the appiicant has alloted approximately 17 acres ot
ground adjacent the river for a riparian park to minimize cieveloprnent imoacts
to the river. The riparian parlc will be passive in nature, without any major
structure or playground facility. f.1r. Mosher indicated in accordance with l^lashington State Department of
Game guidelines that a one eight-rnile area on each side of the river was siudied
in developing the Shorelines Management Classifications given to the different
portions of the river.
Testimony was receivecf that this area o'i' the river is currently
experiencing substantial degradation from littering, dumping and motorcycle
use. The development of a r-iparian park v:ould improve the river area by
encouraging passive use and facilitating a long range Park Department Plan for
a bike trail along the river. 7he Board furtner finds that the river shoreland
is privately owned property rather than publicly helc interest.
The Appellants inicated that the proposai wculd have a significantly ad-
verse impact upon the wildfife in ihe area noting in particular that the area is a
bald eagle nesting area. However reports received by the 6oard including the
Environmental )mpact Sta:ement and letters from Jerry Hickman, Game Eiofogist
for the Washington State Department of Game, do not support this contencion.
While Ihe Spolcane River Ecosystem may be a feeding area o° eagles, the site is
not inditated by Spakane County or the State of V:ashington as an eagle nesting
area. The Board wzis informed that the Board ot Oirectors oi the "1':alk in the
k1ild Zoo" had passed a resolution supporting the proposat. •
I t is recognized b; the Board that the proje;,t will cause a reduction in
small burrowing animals in the areas that are developed.
12. That the Board notes that a project proposina similar uses as are current-
' ly under consideration was approved in March of 1981. That action rezoned the
property to Restricted Industrial under the Zoning Ordinance for Spokane
County which is still in effect. AlLhough the previous acLion provided for a
zone reclassification, the Board finds the current proposal with its extensive
landscaping provisions, road networic improvements and provisions for public
sewering represents a substantial improvement ove; the project as previously
considered.
13. That the project has been designed cons;stent with tne state and local
provisions of the Shorelines Management Act contained in RCW 90.58 and the
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local Shorelines PAanagement Pian for Spokane County.
14. Tha-, the Board finds the necessary utility and public improvements
necessary to support this project have been recommended by Couniy staff and
have been agreed to by the sponsor. These improvements will cause the
project to serve the general pubiic health, safety Pnd welfare.
15. That the Board understands that certain environmental changes will occur,
hut this was understood when the initial concept :vas approved in 1981. The
Board believes the beneiits from this project will outweigh any adverse impacts.
Further, when an EIS is prepared for a project such as this, the project may
be conditioned to mitigate specific identified adverse environmental impacts. The
Board finds that the condiiior,s of approval mitigate specific identified
environmental impacts. Additionally, the Boa: d finds pursuant to RC<<'
43.21C.060 that all reasonable mitigation measures are sufficient to r;iitigate the
impacts '
16. The Board received comments from the appei:;,nts iha: the prior retoning
action for this sitc, (County Planning File r2E-:30-78) was imprope; due to
alleged defects in the public notice. The Board finds that this is a legal issue
to be resolved by the court. However, the Board has considered the present
proposal on its own merits, affording the sponsers as weil as appellants the
abitity to address a{I relevant issues, including environmentai.
17. The Board received comments that the commercial development of Sullivan
Park Center will have an adverse impact on e::ier business centers within
Spo6cane County. Economic consideraLions are one factor whicn may be
consiciered outside of SEPA, and as such are afforded such weighi as the Board
deems appropriate. The Board's policy, generally speak:ng, has looked toNvard
approvals of major com,mercial facilities %vhen sup.--orted by the comprehensive
plan and public health, safety and welfare cor,;.erns and then let the free
enterprise system sort out tfie proposals.
18. That concern %-.,as expressed that the proposa; would contribute significant
amounts of surface water discharge into ihe r;ver or aquifer* thereby reducing
water quaiity. The control oir surface water dispas:.! is car-e;ully conditionec by
the Spokane County Engineer's Department t~nder Board adopted '208'
lyastewatcr Program guidelines. The Board notes these regulations are em-
ployed with all developmeni over the Aquifer Se!;sitive Anea and have been
found e'lfective in preventing pollution of suriace and ground waters.
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19. The appeltants indicated that the anticipated increase of tra'fic would
cause higher noise levels in the area and degrade the air quality. Evidence
presented to the Board indicated that traffic noise generated by the projecz will
not adversely affect residential areas as they are sigi-iificantly buffered by the
I-90 frecway and the ridge to the south and the Spokane River and other-
industrial develoQments to the north as well as the voluntary setback on Lot 27.
The air quality concern was addressed in environmental documenis and
subsequcntly reviewed by the SpoScane County Air Pollution Control Au:hority.
The impaces currently anticipated are believed to be less than originally
contemQlated with the 1981 zoning approval because of rnandatory air emission
controls ~or automobiles in the County, the increased use oE unleacied gas and
smaller automobile engines.
20. That after considering all agencies/departmen[s' review and public
testimony, tne Board concludes that the proposal as cor.dit;oned %vi!I nct be
oe:rimenCal to the general public health, sa`ety and ~:,elfare.
21. That at the public hearing, Attorney Tom i•i;ay, at the conclusicn of all
testimony Questioned whether•or not the Board shoulc4 have svrorn in all indi-
viduals providing testimony. The Board notes that in fact the local Spekane
County Environmenta; Ordinance in Section 11.10.170 does provide that tzsti-
mony be under oath. However, the 8oard fincs thai, althaugti being a•r.,a:-e of
the manner in which the hearing would be held before ;he Board, the appellants
did not raise t;►is issue until after the ciose oi the pUb4ic testimony.
Additionally, the [302rd finds that in their judgmen:, all testirriony appeared to
be truthfully given.
22. That the sponsors, as indicated in prior find:ngs herein, did init;ats a
zone change in conjvnction with their propcsal. This Zone change %.:as not
required in order to develop the property as proposecE. However, the spansors
desired to make the proposal consistent with the ne:: County zoning ordin2nce.
Although this is the case, the Board finds that the sponsor has demonst; at°d
changed conditions warranting the new zoning. i hese include, but are not
necessarily limited to the Spokane County new zaninC erdinance in and of itself.
Additianally, changed conditiQns include a change ir, the eriginally contemplated
development pattern of tlie cornmunity.
23. Thai on February 18, 1986, the Board, at a regular meeting, did the ap-
peal based upon the testimonies submitted at the public hearing and other evi-
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\ Z.., . . dence avaiiabie to the Boar-d and thus make the foilowing decision:
DECISION
From the foregoing Findings, the Board hereby DENIES the appeal and
UPHOLDS the Hearing Examiner CommittPe Decision of Approval, subject to the
revisions presen:ed for buffering presented ai the 6oard hearing and those
conditions of approval adopted by the Hearing cxaminer Committee, a:tached
hereto as Exhibit A, and incorporated herein by reference.
BY THE ORDER OF THE BOARO THIS Z,~--WDAY OF
1986.
t
BOARD OF COUivTY COMi'r115SI0iVER5
OF SPOKANE COUNT , ti'AS INGTON
----Cha,rman
l -
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rThe above action taken by a una im s vote of the
Board of Spokane County Commissi ners as follows:
Commissioner ICeith Shepard - Aye
Commissioner John (,,lc8ride - Aye
Commissioner Grant pcterson - Aye
RTT EST :
\'lILLIAiv1.-E. DDNahUE
Clerk of the/Board ~
~ V
By:
D
Clerk
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TS
s~ 0338 << Pkc-c,)
N0. BINnING SITL• PLAiN aSP-43-96
BErO[Z].;1'I•IC BOi1RD OI' COUNTY COMM(SSIONCRS FOR SI'OKANG COiJ,.N,'i 1'
IN TrIL- ~ti1ATTL-R OF r1LING 7I-IL- FINnL )
BINDING SITE PLAN, BSP-48-96, ) P E S 0 L U'I' I 0 ti'
N SECTION 11, 70V'lNSi-IIP 25 N., )
rtnNcc 44 c.w.M., sroxANL cow-rY, ~
W/1SI-f CNGTON
BL- 1T RL-SOLVCD BY TI-iC BOnRD OF COUN7Y CONf>> iSSIONCRS OF SPOi;A.N=
COUNTY, W/1SFIINGTON, tllat (hc Bindirig Sitc Plan I3SP-11S-96, bcirig tlzat porcion of Scction
11, Township 25 Nor(h, R1n,c,c 44 E.W.M., Spokanc Coun.y, Vjasliinstoil, dcscribcd ; s folia'.:s:
PARC T• "&:L
Lot Block 1, SULLIvnN Pi1I'J< CL-NTLR, according lo o!at rccorcicd in Volur;ic 19 °iacs,
Pagcs 25 and'26, iri Spok. nc Coiinty, UJasiiington.
PARC-Ei.
That portian of tlic Soutinvcs, quarlcr of SLCTION 11, TO~VNSf-I[!' 25 N:ORZ'I-i, IZt\NGi-- 44
LAST, W.M. in the Spokmic County, Wasliington, dcscribcd as follo%vs:
3EGINNfivG at the I``ortl;:vcst corncr of Lot I, B!ock 1 of the Plat "Suilivati Parl; Ccc) tcr,"
accorcling co plat rccordcd in Voiumc 19 Plats, P4gcs 25 and 26; clicncc South 0602S' 1 S" East
along tlic `jlest linc of said Lot l, 865.00 fcct; thcncc Soutl) 56°2G'27" Easi alonr said V-1cs:cr1y
linc, 778.50 fcct to a point on, tfic Northcrly right of Way of ir.Iers!.1tC 90, said poir.t bcing thc
bcgiruiing of a non-tar.gC;I( CLi VC C01lCavc co the Norchcas< <vith r4dius ol'2314.79 fcct and a
;adial bmnng of Soucl> > 8°1G'0"" Wcst; tllcncc Northwcsccriy, tilrougib a eei1tra! -mgic oC
10°04'43", a.n nc distamcc of 495.14 fcct to the ctid of curvc; :hcricc North G 1°39' 13" Wcst
424.50 fc;ct to the bcgi:i;iing of a curvc concavc io the East witi, , radiiis o; 50.00 fccc; tltcncc
Nortlicrly, tIlfOUglI 1 CCIIf(itI 117a1e olS7°23'32", an vc diseancc of 76.26 fect to the begim-ling of
a rcvcrse curvc concavc to thc Northwcst with a radius of 316.20 fcct aild a radial bczrir►g of
South 64°15'4I" East; lllcncc Northcastcr(y, tlirough a ccn[ra! anglc of 32°12'37", a:^d arc
distancc of 45S.035 fcct to the cnd of curvc; thcncc iNortll 002S' 1 S" Wcst 376.19 fccc ►o a point
on llie Soutlicrly cighc of way of Indiana Awcnuc bcing 37.00 fcct Soutli of tlic ccntcrline, said
point bcing on a curvc concavc to Ciic Norchwest witli a racliLS oCG7GS.56 fcct :tnd a raGial
bcaring oL'South 05°52'45" Esst; tlicncc L-astcrly alocig said Southcrly right oi way, ti7f0Ugl1 1
ccntcal ang(c oC40°3533", ati arc distarrcc of 70.00 Ccct to tlic ZVcsterly 1111-- of said $uilivan
Pvk Cen(cr and 1 changc in right of way from 37.00 fcct to 3S.00 fcct Souch of lhc Ccntcrlinc oC
said Indizna ltvcnuc; thcncc Souch 06°2S' i 3" L-asc 1.00 Ccct to tfic poinc olfbcginninS.
UPON THE R.CCOMVICNDAT10N of the Spokanc Counly Building anc P(a:lnir.S Division, thc
Binding Sitc Plan is approvcd with tlic cxccption that the public rights cf t-v3}, dc;iicatcd in cliis
IIinding Sitc Plan r,vill bc cstablishcd for maintcnancc purposcC uiilil the County L-ngincc: Iias
ccrliricd chlt thc roads havc bccn improvcd to County siandZrds znd approvcd by a scparzic
resolulion of thc Board of County Commissioncrs.
11DDITIOiN/\LLY, until !hc I3inding Sitc Plan docu►ncnc is f icc in tl;c Spo~:lnc County
Auclitor's OCficc, tliis Biiiding Sitc Plan has on(y prcliminlry Bindi,ig Silc Plan stz,-is zncl is svbjcct*to c}:piration wid null and vaid status if not pcriodicaily grzjltcd z;l CXtCRS10n, of timc
consistcnt witll tilc poiicics , nd proccdures of clic Buiiding ar,d Piailning Division.
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~ 36 0338 ~
PASSL-D BY TI-IE BOARD T1-IIS ~ D11Y OT APRJL, 1996.
.
130ARD OF COUNTY COv(MfSSIONCF'.S
OP SPOKAti'i COUi i 1', WnSHI1'GTON
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J P R ed
013 ~ Inc it y, PRICE DEVELOPMENT COMPANY, "
LIMITED PARTNERSHIP TELEPHONE (801) 486-3911
35 CENTURY PARK-WAY • SALT LAKE CITY, UTAH 84115 TELECOPIER/FAX (801) 486-7653
FAX (801) 485-0751
NYSE:JPR
RECEiVED
N o u 2 31998
sPO~NE CouNTY Er~GINEER
November 18, 199~
r//, , tiff
Mr. Ross E. Kelle ' Engineer
Spokane County Pu lic Works
1026 West Broadway Avenue
Spokane WA 99260-0170
RE: Evergreen Interchange
Dear Ross:
Enclosed please find the fully signed original of the Satisfactions Agreement. It is my
understanding that you will send me a certified copy for our files. We look forward to finally
being able to pull permits for our expansion of the mall and especially look forward to having the
interchange constructed. .
'
Should you have any questions or comments, please do not hesitate to contact me.
Sincerely,
PRICE DEVELOPMENT COMPANY,
LIMITED PARTNERSHIP
a Maryland limited partnership
F3y: JP Realty, Inc., a Maryland
corporation, its gene 1 partner
-
avid R. S ey
resid~nt/Cieneral Counsel
DRS:Imw
cc: .Iohn Pricc
Rex Frazier
Ray tkiilson
Return to:
/~8 rOIPVq SATISFACTION OF CONDITIONS AGREEMENT
THIS AGREEMENT, made and entered this '~'`day of /"IA, 1998, by and among
Spokane County, a political subdivision of the State of Washington, having offices for the transaction of business at 1116 West Broadway, Spokane Washington 99260, hereinafter referred to as "COUNTY," and Hanson
Industries, Inc., having offices for the transaction of busiciess at 15102 East Indiana Avenue, Spokane,
Washington, 99216, hereinafter referred to as "HANSON," and SPOK:ANE MALL DEVELOPMENT
COMPANY, LIMITED PARTNERSHIP, a Utah limited Partnership, having offices for the transaction of
business at &tL L ereinafter referred to as "SPOK:ANE
MALL," joindy hereina.fter referred to as the " ARTIES."
WITNESSETH:
• WHEREAS, pursuant to dic provisions of cliapter 36.70 RCW, chapter 58.17 RCW and local County
ordinances adopted pursuant thereto, the County has the statutory obligation to guide and regulate the physical
dcvclopmcnt of tlic: wuncorporatui arcas of Spo{caiic County, including but not ncccssarily limi(ed to thc approval
of subdivisions, zone changes, and binding site plans; and
WHEREAS, on tlic 25`h day of MZrch, 1986, under Spokane County Resolution No. 86-0265,
HANSON received approval from the COUNTY for a mixed use development on an approximate 226-ace site to
include vn accomp:unying rezone, having a Spokanc County Planning Dcpartment File designation of PE-1504-85
and ZE-180-78; and
WHEREAS, in conjunction with the approval of PE-1504-85 and ZE-180-78, HANSON was required
to meet certain conditions of approval which were broken down into three (3) phases, Namely Phase 1, Phase II
and Phase III; and
WHEREAS, subsNucnt to thc approval of PE-I504-85 and ZE-180-78, HANSON soid a portion of
the property which Nvas the subiect of sucli approval to SPOKANE MALL DEVELOPMENT COMPANY,
L1Mt"1'EU !'AR'1'NEltSH1N, a Utali Linlilul partncrsliip; and
Satisfactiun uf CunJitiuns Agrccmcnt
Pagc 1 of 9
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WHEREAS, under Spokane County Resolution No. 96-0338, that portion of the properly which was
the subject of approval under Spokane County Resolution No. 86-0265 and which was sold by HANSON to
SPOKANE MALL receiveti approval of a Binding Site Plan, BSP48-96; and
WHEREAS, the Final Environmental Impact Statement and Supplemental thereto for PE-1504-85 and
ZE-180-78, approved under Resolution No. 86-0265, provided that development of the property would occur in
three (3) general phases, Nvith Phase II not proceeding until roadway construdion and improvements set forth
under Conditions of Approval recommended by the Spokane County Engineering Departinent and made a part of
the County's approval were satisfieti, which conditions mean that no building permit would be issued for any
Gross Leasable Area in excess of 650,000 square feet (later increased to 715,000 square feet) for BSP48-96 and
no building permit would be issued for any Gross Area in excess of 95,000 square feet for Market Point I(as
calculated on the conversion of a planned hotel site within Phase I to retail uses) within PE-1504-78 and ZE-180-
78; and
WHEREAS, BSP48-96, approveri under Resolution No. 96-0338, included various conditions to
include Condition No. 1 under COUNTY DMSION OF ENGINEERING AND ROADS CONDITIONS
which provides: The applicant shall comply with the Conditions of Approval for Spokane County Zone Change
ZE-180-78 and the conditions imposed as part of the finalization of PE-1504-85. Additionally,
all environmental documents under the State Environmental Policy Act (SEPA) applicable to
this project.
WHEREAS, SPOK:ANE MALL and HANSON, desire to enter into an Agreement whereby they will
provide certain moneys to Spokane County in exchange for Spokane County agreeing that certain Conditions of
Approval recommended by the Spokane County Engineering Departrnent ONLY within the Conditions of
Approval for PE-1504-85 and ZE-180-78, namely Nos. 1, 14, 15, 16, 17, 19, 20, 21, 28, 29, 30, 32, 33, 34, 35,
36, 37, 38, 40, 41, 42, 43, 443, 45, and 46 with condition No. 39 separately addressed, adopted under Resolution
No. 86-0265, including but not necessarily limited to the construction of the Evergeen Interchange, Evergreen
Connector to Mission, and Evergreen Road south to Sprague Avenue, Indiana Avenue (with all infrastructure
improvements) from Pines Road to approxunately 715 lineal feet east of Sullivan Road, the intersection of
Indiana Avenue and Sullivan Road, ihe intersection of Indiana Avenue and Pines Road, as well as Condition No.
1 under COUNTY DMSION OF ENGINEERING AND ROADS CONDITIONS within BSP-48-96, to the
eYtent that it adopts the above referenced condifions, have been satisfied.
NOW THEREFORE for and in consideration of the mutual prorruses set forth hereinafter and the
Parties do hereby agree as follows:
SECTION NO. 1: INCORPORATION OF RECITALS
E:ich of dic Recital paragraphs is incorporatcd hcrc;in by dhis rcfcrcncc as though set forth again in full and made
a part of this Agreement.
SECTION NO. 2: SATISFACTION OF CONDITIONS
(a) The COUNTY agrees that certain conditions of approval includeti under the tenninology "County Engineer
Dcpartment" nNLY Nvithin dhe Conditions of Approval for PE-1504-85 and ZE-180-78, namely Nos. 1, 14,
Sutisfaction of Cnnditions Agrccmcnt
Page 2 of 9
~Izdl .
f-.160
, - . , -
, -
15, 163, 17, 19, 20, 21, 28, 29, 303,32, 33, 34, 35, 36, 373-38, 402, 411- 42, 43, 44, 45, and 46 with condition No.
39 separately addressed, in conjunction with PE-1504-85 and ZE-180-78, adopted under Spokane County
Resolution No. 86-0265, including but not necessarily limited to the construction of the Evergreen Interchange,
Evergreen Connector to Mission, and Evergreen Road south to Sprague Avenue, Indiana Avenue (with all
inftastructure improvements) from Pines Road to approximately 715 lineal feet east of Sullivan Roa.d, the
intersection of Indiana Avenue and Sullivan Road, the intersection of Indiana Avenue and Pines Road, a copy of
such Resolution being attached hereto as Attachment "A" and incorporated herein by reference, as well as
Condition No. 1 0NLY under COIJNTY DMSION OF ENGINEERING AND ROADS CONDITIONS
within BSP48-96, approved under Resolution No. 96-0338, a copy of such Resolution being attached hereto as
Attachment "B" and incorporated herein by reference, to the extent that it adopts the above referenced conditions,
have been met and/or satisfied by HANSON and SPOK:ANE MALL.
(b) In consideration of the C4LTNTY agreeing to the provisions set forth in Section No. 2(a) hereinabove,
HANSON and SPOKANE MALL shall jointly initially deposit with the COUNTY by bond, letter of
credit, cash or other lawful U.S. currency the sum of FIVE MILLION TWO HUNDRED THOUSAND
DOLLARS ($5,200,000.04). Upon deposit of the estimated contribution by HANSON and SPOKANE
MALL, the COUNTY is authorized to draw upon the funds contributed at any tirrie in the same ratio as
HANSON and SPOKANE MALL have contributed. For the purposes of this Agreement, the terminology
"Project" shall refer to the Evergreen Interchange, Evergreen Connector to Mission and Evergreen Road
south to Sprague Avenue, Indiana Avenue (with all infrastructw'e improvements) from Pines Road to
approximately 715 lineal feet east of Sullivan Road, the intersection of Indiana Avenue and Sullivan Road, the
intersection of Indiana Avenue and Pines Roa.d.
In addition to the financial contribution by HANSON and SPOKANE MALL for the Project, HANSON
and SPOKANE MALL agree to dedicate at no cost to the COUNTY the land needed for right of way as
shown on the document entitled "Preliminary Plat for Sullivan Park Center" dated May 15, 1985, which
was digitized to describe the right of way necessary for Evergreen Interchange north of I-90 and its
connection to Indiana. This right of way is calculated to be 321,639.97 square feet. A copy of the
Preliminary Plat for Sullivan Park Center" dated May 15, 1985, and digitization describing the right of
way necessary for Everbreen Intercliangc north of I-90 and its connection to lndiana is attached hereto as
Attachment "D" and incorporated herein by reference. HANSON and SPOKANE MALL also agree to
dcdicatc: land under their respcctive ownc;rsliip and/or control nccdcd for the "expanded right of way." The
terminology "expanded right of way" shall mean the difference in the total amount of area behveen
"Preliminary Plat of Rccord" dated May 15, 1985, which was digitized to describe the right of way
necessary for the Evergreen Interchange north of I-90 and its connection to Indiana and ihe final Project
dcsisn as shown on thc Final Right Of Way And Limited Access Plan designed by Washington State
Department of Transportation for the Evergreen Road Interchange approved December 23, 1997, a copy of
szid document bcing att:tched hereto as Attlchment "E" and incorporated herein by reference approved
undcr Resolution No. 96-0338 or the ultimate desigi as approved and/or constructed for the Evergreen Road
lnterchange, «Jhich ever is less.
The COUNTY agrees to compcnsate HANSON and SPOKANE MALL rc:spectively for the value of the
"cxpandcd ribht ot' way" under tlieir ownursliip ancllor control ailcr tinal acccptancc; of lhc !'rojc;ct. "I'hc
valuc of such "expanded right of way" shall be determined by an MAI appraiser jointly selectul by the
Satisfaction of Canditions Agreement
Yagc 3 uf I
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Parties. HANSON'S compensation shall be in the form of credit firstly applied to his responsibility, if any,
for an additional financial contribution toward the Project as provided for hereinafter, and secondly toward
HANSON'S responsibility for public infrastructure improvements as a result of his future developments.
SPOKANE MALL compensation shall be in the form of a COUNTY warrant. Provided, however, the
COUNTY and HANSON may mutually agree to exchange COUNTY property in lieu of credit toward
HANSON'S responsibility for public infrastructure improvements. For the purposes of this Agreement
public infrastructure improvements shall mean traffic, transportation, utilities, and public roadway
drainage improvements as well as right-of way-costs. Additionally, HANSON and the COUNTY agree that
if the Washington State Department of Transportation allows use by HANSON of WSDOT property in
conjunction with HANSON'S development under PE-1504-85 and ZE-180-78, that the COUNTY will
receive credit against any moneys owing to HANSON under the terms of this Agreement. The value of the
use of the WSDOT property shall be determined in the same manner as the value of the "expanded right of
way" provided for herein.
The bond or other securities provided by HANSON and SPOKANE MALL jointly shall be valid for five
(5) years or completion of the Project. If these funds are not utilized within five (5) years or the completion
of the Project from the date of deposit, any unused funds or portion of bonds shall be returned to HANSON
and SPOKANE MALL respectively in the same proportion as they were originally contributed by each
party.
The PARTIES aclrnowledge that a combination of funds from the HANSON, SPOKANE MALL,
Washington State Department of Transportation (WSDOT), the Washington State Transportation
Improvement Board (TIB) and the COUNTY will be used to construct the Project. The COUNTY
originally estimated that HANSON and SPOKANE MAI-L'S joint financial obligation toward the Project
would approximate FIVE MILLION TWO HUNDRED THOUSAND DOLLARS ($5,200,000.00). This
figure did not include the cost of the "expanded right of way." The PARTIES agree that the actual
contribution of HANSON and SPOKANE MALL will be determined by the COUNTY after final
acceptance of the Project. At that time, the total cost of the Project will be determined solely by the
COITNTY. The cost of the Project will include the value of the "expanded right of way." The COUNTY
will then allocate thiriy-eight percent (38%) of the costs of the Project to HANSON and SPOKANE
MALL. This percentage has been agreed to by all Parties as the proportionate share of the Project which is
the sole responsibility of HANSON and SPOKANE MALL jointly.
In the event HANSON'S and SPOKANE MALL'S initial financial contribution toward the Project is less
than t}heir pcrcentase share as determined hereinabove, HANSON and SPOKANE MALL shall jointly and
severally be liable for paying the COUNTY the additional funds due within thirty (30) days of notification
by the COUNTY of such amount. In the event the COUNTY owes either HANSON or SPOKANE MALL
any consideration for the "expanded right of way" this amount may be a credit against any additional funds
due.
In the event HANSON'S and SPOKANE MALL'S initial financial contribution toward the Project exceeds
their actual share as determined by the COUNTY hereinabove, the COUNTY shall provide HANSON with
Sutisfuctiun uf Cunditiuns Agrccmcnt
Pagc 4 of )
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, credit toward his responsibility for public infrastructure improvements as a result of his future
developments, exclusive of Condition No. 39 addressed in subsection (e) hereinafter, or in the case of
SPOKANE MALL a warrant for such excess contribution. HANSON'S credit shall be equal to the
amount which is owed to HANSON for the "expanded right of way," plus the difference between his initial
financial contribution and his final financial contribution as determined by the COIJNTY hereinabove. The
amount due-by each shall be in the same ratio as they originally contributed toward the $5.2 million dollar
initial contribution.
(c) The COUNTY agrees that it shall not, through the Spokane County Engineer, require any additional
conditions in conjunction Nvith any extension of time(s) applied for and/or approved with regard to PE-1504-85
and ZE-180-78 or BSP48-96.
(d) The COLJNTY agrees that it will apply the same square footage calculations for determining Gross Leasable
Area for HANSON in conjunction with PE-1504-84 and ZE-180-78 that it has used with regard to Spokane Mall
with stand alone pads and, to the extent applicable, the Spokane Industrial Park. Both Parties agree to negotiate
in good faith to the extent that there may occur any disagreements as to these and other issues relative to PE-
15 04-85 and ZE-180-78.
(e) Condition No. 39, and referenced hereinabove, provides as follows:
39. Indiana Avenue (east of Sullivan Road) shall be constructed as a five-lane facility from
Sullivan Road to the easterly terminus of the Project. Indiana shaU be consteucted per the
approved road plans and in conformance with the aQproved typical roadway cross-section.
The COUNTY agrees that HANSON has the sole responsibility to satisfy this condition and it can be done in the
following nanner. lf Indiana Avenue, east of SuUivan Roa.d, is constructed to a design standard approved b the
Spokane County Engineer for a public roadway, HANSON or his/her successors shall dedicate, ai no charge to
the COUNTY, all necessary right of way and shall be solely responsible for funding of all design and
construction costs. The COUNTY agrees to use its best efforts to secure grant funding to construct an extension
of Ind.iaiia Avciwc c;ast from Sullivan Road to Flora Road and/or Mission Road. However, the partics hereto
agree that the COUNTY is in no way obligated to financially contribute to such extension. HANSON agrees to
pennit Uic COUNTY to luvcrsbc its privatcly fiuided improvcmcnts for public srant funding requests.
SECTION NO. 3: TIME IS OT' TI-IE ESSEIYCE
. Thc Parties agra: that timc is of dhe esscnce in conjunction with the provisions of this Agreement. In the event
HANSON and SPOKANE MALL do not make a one-time payment of $5.2 million dollars, as referrc;d to in
Scction No. 2(U), Nvithin thirty (30) days of the execution of the Agreement by the COUNTY this Agreement
shall automatically terminate without the necessity of any action by either Party. !n the event HANSON or
SPOKANE MALL have made a one-timc payment of any portion of the $5.2 million dollars to the COUNTY, it
shall be rc;turnc;d 'ui tull to such contribulor. "1'hc par[ic;s a;rec; tliat building pcmuts can be issuc;ti for Yliasc II of
thc Sullivan Park Project when all conditions sct forth in this Section have been met with the exception of
C;uuclition No. 39, whicli is lrwtW supw-alcly.
SHtisfaction of Cunditions Agrccmcnt Yxgc 5 uf
A
, ,
. +
SECTION NO. 4: MODIFICATION
No modification or amendment of this Agreement shall be valid until the same is reduced to writing and executed
with the same fonnalities as this present Agreement.
SECTION NO. 5: WAIVER
No officer, employee, agent or otherwise of the COUNTY has the power, right or authority to waive any of the
conditions or provisions to this Agreement. No waiver of any breach of this Agreement shall be held to be a
wa.iver of any other or subsequent breach. All remedies afforded in this Agreement or at law shall be taken and
construed as cumulative, that is, in addition to every other remedy provided herein or by law. Failure of the
COUNTY to enforce at any time any of the provisions of this Agreement or to require at any time perfonnance
by any other Party of any provision hereof shall in no way be construed to be a waiver of such provisions, nor in
any way affect the validity of this Agreement or any part hereof, or the right of the COUNTY to hereafter enforce
each and every such provision.
SECTION NO. 6: NOTICES
All notices called for or provided for in this Agreement shall be in writing and must be served on any of the Parkies either personally or by certified mail, return receipt requested, sent to the PAR'ITES at their respective
addresses hereinabove given. Notices sent by certified mail shall be deemed served when de,posited in the United
States mail, postage prepaid.
SECTION NO. 7: HEADINGS
The section headings in this Agreement have been inserted solely for the purpose of convenience and ready
reference. In no way do they purgort to, and shall not be deemed to, define, limit or extend the scope or intent of
the Sections to which they appertain.
SECTION NO. S: VENUE STIPULATtON
This Agrcement has and shall be construed as having been made and delivered in the State of Washington, and
the laws of the State of Washington shall be applicable to its construction and enforcement. Any action at la«+,
suit in equity or judicial proc,eeding for the enforcement of this Agreement, or any provision hereto, shall be
instituted only in courts of competent jurisdiction within Spokane Counry, Washington.
SECTION NO. 9: ALL WRITINGS CONTAINED HEREIN
T1iis Agreement contains all the terms and conditions agreed upon by the PARTIES. No other understandings,
oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the
PARTIES liereto. All PARTIES have read and understand all of this Agreement, and now state that no
representation, promise or agreement not expressed in this Agreement has been made to induce any Pa.rty to
eaecute tlle svne.
Satisfactiun uf Conditions Agrccmcnt
Pity;c ! of 9
1 .
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,
SECTION NO. 10: AGREEMENT TO RUN WITH LAND
This Agreement constitutes a covenant running with that land which was the subject of Spokane County
Resolution No. 86-0265 with regard to PE-1504/ZE-180-78 and BSP-048-96 approved under Spokane County
Resolution No. 96-0338.
SECTION NO. 11: AUTHORITY TO EXECUTE
All PARTIES to this Agreement represent and certify that they have full authority and power to enter into and
carry out this Agreement. The persons signing this Agreement represent that they have authority to act for ad
bind their respective principals.
IN WITNESS ~ QF'FR' I?arU, ve caused this Agreement to be executed on the date and
year opposite their respective
O
4 . ~
ATTEST: . AR.D OF COUNTY COMMISSIONERS
~ IJ! NSPO COUNTY, WASHINGTON
WILLIAM E. DONAHUE, sL.':'- .
' '
Clerk o e Board ~ cou'li"
• P ~ D. S,_Chair
Y~ .
A LA ER1CK N
Deputy Clerk M. KAT.E LIN, Vice hair
DATE:
JO 'ROSKELLEY
STATE OF WASH[NGTON )
) ss.
County of Spokane )
On this,--l'7,r a day of i/I , 1998, before me, the undersigned, a Notary Public in and for the State of
Washington, duly commissioned and sworn, personally appeared PHII-LIP D. HARRIS,. M. KATE McCASLIN, and
JOHN ROSICELLEY, to me known lo be tlie Coimiussioners of the Board of Cowiry .Coirunissioners of Spokane County,
a political subdivision of the State of Wastungton, that executeri the witlun and foregoing instniment, and acknowledged
tlie said instniuiciit to bc: thc; fizx; and voluutaryact and dcxcl of &iid politiail sutxlivision, for tlic uscs and purposcs tlicrcin
mentioned, and on oath stated that they were authorized to execute said instniment, and that tlie seal affixed is the seal of
said catiii(y.
IN WITNESS WHF~~V,11~iRyretinto sct my hand and affixed my seal the day and year first written
abovc. `N . . L, 6 `
,
U fARp~~';Z~`- - ~
r . , '_,xo._ NOTARY PUBLIC in and for the Slatc of
_ P. UQL1G Washingloii, residing a1 Spokane.
. ~ ~~i~' •
W My commission cxpires:
Satisf'actiun uf Cunditiun~c A~ i'~'c '
E v'`!4j 111
Pagc 7 of 9
~
DATE: q
1 ~ HANSON INDUSTRIES,INC.:
By. • G~ •
,
(Title)
STATE OF WASHINGTON )
) ss.
County of Spokane )
On this ~-'day of _2&,~fJ`'r , 1998, before me, the undersigned, a Notary Public in and for
the State of W h ngton, duly corrunissioned and sworn, personalty appeared RAYMOND A. HANSON,
President of Hanson Industries, Inc., to me lrnoNvn to be the individual that executed the within and foregoing
instniment, and aclanowledged the said instrument to be the free and voluntary act and deed of said political
subdivision, for the uses and purposes therein mentioned, and on oath stated ihat they ivere authorized to execute
said instrument, and that the seal affixed is the seal of said County.
IN WITNES,S WHEREOF, I have hereunto sei my hand and affixed my seal the day and year first
written above.
- ,
N Y PUBLI~/in and for the State of
Washington, residing at Spokane.
My commission expires:
~
DATE: IO SPOK:ANE MALL DEVELOPNiENT COMPANY,
LIMITED PARTNERSHIP, a Utah limited parhnership
By: JP Realty, inc., a Maryland Corpo on,
ral er
WGe e
x F , ent LEGAL DEFT
STATE OF WASHINGTON APPRQVAI
) ss. ~
County of Spokane )
On this ~ day of 1998, before me, the undersig~ed, a Notary Public in and for
thc State oF Washington, duly conunissionul :uid sworn, pcrsonally appeared G. Rex Frazicr, Presidcnt JP
S,klis f,kcliu~i of Condiliuns Abrcciitcul
Pagc 8 uf 9
i-~5
~ ^ .
I . . Rea.lty, Inc., to me krnown to be the individual that executed the within and foregoing instnument, and
acknowledged the said instnament to be the free and voluntary act and deed of said Corporation, for the uses and
purposes therein mentioned, and on oath stated that he is authorized to eYecute said instrument.
IN WITNESS WHEREOF, I haVe hereunto set my hand and affixed my seal the day and year first
written above.
~....................Pub
~ ~ 'A AJ4
~ ~,t~E yM' wADE ~ N6tWYP1BL1C in and for the State of J 1 1020 South 300 Eatt
Satt 1,.*8 Ciry, UtLh 84111 i ~~~~~eka~3e. I
1 ~ I,rty CommUSon Ex~:ros L~ ~ • _ ~ a~- ~ [.-'t
Wy 1. 1::
SSara cf Utah 9
L ~ .......J My commission expires: ~ - ~ -g
(nVvOi im ll2.joinf..lf'e)
Satisfaction of Cunditiuns Aarecmcnt .
P»};c 9 of 9
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`~~'TAc-~ M GnI'- %i
67 PAG 65 )
NO. 86-0265
BEFORE THE BOARD OF COUNTY COMMISSIONERS
OF SPOKANE COUNTY, W•ASHINGTON
IN THE MATTER CONC~C1J.1~ PRE- )
LlMINARY SUBDIVISIO PE-1504-85,,~> ) FINDINGS OF FACT,
SULLIVAN PARK CENTER bc ~E-1'8@-78 ) AND OECISION
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SPONSOR: HANSON PROPERTIES
THIS MATTER, being considered by the Board of County Commission-
ers of Spokane County, hereinafter referred to as the "Board", of an appeal of
the Spokane County Hearing Examiner Committee unanimous decision dated No-
vember 19, 1985, where in said Committee approved the above referenced pro-
posal subject to certain conditions of approva). The Board received an appeal application on Ncvember 27, 1985, by
Tom P. May for Estelle Miller, Evie Crossman, Richard Morgan and Tom Rogers.
The Board held a'de novo public hearing on January 27 & 28, 1985,
and having fully considered all testimony presented as well as considered
Attorney Tom May's letter dated January 31, 1986, and the sponsor's response
thereto and having individually acquainted themselves with the vicini[y and the
site in question, did reach a unanimous decision on February 18, 1986, to deny '
the appeal and in doing so enter the following:
FINDINGS OF FACT
1. That the October 24, 1985, STAFF REPORT was considered as well as the
staff presentation before the Board.
2. Tha[ the November 19, 1985, Hearing Examiner Committee Findings and
Order were considered.
3. That the file of PE-1504-85 & ZE-180-78 was considered by the Board.
4. 1'hat tlia proposal is a rnixcd-use devclopmcnC on ij 226 acres sile. In-
cluded are a 79 acre regional shopping center, 19 acres of other commercial
use, 22 acres of business park, 53 acres of industrial parl<, a 300 room hotel
-ind i remaining 43 acres of roadways and open space. The development will be
accomplished througli the subdivision of the property as shown on the
applican['s site development plan of 42 lots, rezoning of the proper[y consistent
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with the adopted 1986 Spokane County Zoning Code. It is noted that rezoning
at the property was not necessary, however, the sponsor desired to tie down
the qroposal as much as possible, thus requiring the rezone under the new .
zoning ordinance. The review of this project is further consistent with the site
developmenC plan review requirements established with the restricted industrial
zoning of the property in 1981. The project sponsor has indicated tha[ the full
development of the site will take approximatcly 15 years to accomplish.
S. That the proposal is located north of Interstate 90 on either side of the
Sullivan Road interchange. The site southeast of the Spokane River occupies
portions of Sections 10, 11, 12, 13 & 14, Township 25N, Range 44 E.W.M.,
Spokane County, Washington.
6. That the proposal has been properly advertised in accordance wi[h state
and local regulations.
7. That public testimony regarding the project focused most attention upon
the p-oject's potential impact to existing wildlife in the Spokane River Ecosystem
adjoining the property to the north and the adverse impacts from additional
traffic vofumes which will be generated from the project when it is fully de-
veloped. These impacts include noise, exhaust and inconvenience for area
residents. Additional conerns raised were that the proposed development was
an unnecessary commerical development and could pose an adverse impact upon
existing businesses.
8. That the proposal is located in an area designated as Industrial on the
adopted Spolcane County Comprehensive Pla'n and is within the Priority Server Service Area (PSSA) where Spof(ane Valley sewers will be installed.
The Board finds the mixed commercial ' and industrial uses consistent with
the County Comprelicnsive Plan noting particularly that general guidelines and
goals anticipitc mi:ccd usc dcvclopmcnt.
The project further is consistent with the general locational guidelines ofi
the Comprehcnsive Plan in that it is 1) located on relatively flat ground; 2)
near artcri;il, frccway and r.iil accc:;:.; ' 3) bufFcrcd Prom .ircas of goncral
residential developmenl; 4) thc project wil) be scrved by public water and
sewer systerns and will be served by a detailed traffic circulation system which
will hn c1nvclor(!rl in pha:cs .if-, t:raffic incrr_,i :c~ in thc arca.
9. That Cfic Doar•d finds the nroposal is significantly buffered from most
• residenlial uses in tl-ie Valley in that to l'he souCh oF the property lies the
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Interstate freeway and a natural ridge line elevated above the freetivay on the
freeway's southern border. To the north of the site lies the Spokane River,
the Kai$er Trentwood Works and further to the east the Spokane Industrial
Park. ,
Two areas which have large lot residential development abutting the
property were considered by the Board. One area lies generally on the east
side of the project, adjacent and easterly of Flora, the other area lies to the
southwest of the project generally parallel to lndiana Avenue as it is currently
located. The Board notes that no building will be allowed in the easterly 500
feet of Lot 27. This would provide a substantial buffer to the residential
development along Flora. Additionally, the Board finds the project currently
has no planned connection to Flora and therefore a very lirnited impact on Flora
Road until other properties develop and establish an easterly connection of the
Indiana road improvements. The Board finds that the southwest residential
area will be protected through site-buffering and restrictions to the develop-
ment which the sponsor has agreed to in his presentation.
10. That the provisions of the State Environmental Policy Act, Chapter 43. 21C
RC1N, WAC 197-11 and the Spokane Environmental Ordinance,, Title 11 of the
Spokane County Code have been met and more particularly:
a) By document issued January 8, 1985, by Wallis D. Hubbard,
Planning Director, the Sullivan Park Center DEIS, Volumes 1 and 1
(9/80) and FEIS (2/81) are recognized as adopted by reference
pursuant to 4VAC 197-11-600 (4) and Spokane Environmenta! Ordinance
11.20.230.
b) By document signed January 8, 1985, by Wallis D. Hubbard, Planning Director, a Determination of Significance and Request for
Comments and on scope of a Supplemental EIS was issued for
modification to the original site plan, a preliminary plat and zone
reclassifications.
c) The above documents were circulated consistent with WAC
197-11-510 and Spokane Environmental Ordinance 11.10.130.
d) The Draft Supplemental EIS was scoped, drafted, issuecl, cir-
culated, reviewed, revised and a Final Supplemental EIS issued
pursuant to tiVAC 197-11 and the Spokane County Environmental Or-
dinance.
e) T h e total original CIS, the Supplemental EIS and public comment
given at the public hearing were noted and evaluated during the d2-
cision-making process, including particularly extensive information re-
gar•ding habitat impacts and effects upon flora and fauna, both di-
rectly and indirectly, the traffic issues, and economic analysis.
Thac pursu.int to RCW 43.21C.090, the Board finds that the environmental
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documents pr-epared for the project are "adequate" especially in light of the
testimony aC the public hcaring.
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That the Board finds that the applicant has alioted approximately 17 acres of
ground adjacent the river for a riparian park to minimize development impacts
to the river. The riparian parlc will be passive in nature, without any major
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structure or playground facility.
Mr. Mosher indicated in accordance with Washingion State Department of
Game guidelines that a one eight-mile area on each side of the river was studied
in developing the Shorelines Management Classifications given to the different
portions of the river. -
Testimony was received that this area of the river is currently
experiencing substantial degradation from littering, dumping and motorcycle
use. The development of a riparian park would improve the river area by
encouraging passive use and facilitating a long range Park Department Plan for
a bike trail along the river. The Board further finds that the river shoreland
is privately owned property rather than publicly held interest.
The Appellants inicated that the proposal would have a significantly ad-
verse impact upon the wildlife in the area noting in particular that the area is a
bald eagle nesting area. However reports received by the Board including the
Environmental Impact Statement and letters from Jerry Hickman, Game Biologist
for the Washington State Department of Game, do not support this contention.
While the Spolcane River Ecosystem may be a feeding area of eagles, the site is
not indicated by Spolcane County or the State of Washington as an eagle nesting
area. The Board was informed that the E3oard of Directors of the "Walk in the
Wild Zoo" had passed a resolution supporting the proposal. •
It is recognized by the Board that the project will cause a reduction in '
small burrowing animals in thc areas tl-iat are developed.
12. Tha[ the Board notes that a project proposing similar uses as are current-
ly under consideration was approved in March of 1981. That action reZOned the
property to RestricCed IndusCrial under the Zoning Ordinance for Spokane
County which is still in effect. Although the previous action provided for a
zone r-eclaSsiPication, the C3oard finds the current proposal with its extensive
Nindsc:aping pruvi,-ions, rozid nelwurlc improvLrnunl's ancl provisfons Pc,i• puL,lic
sewering represents a substantial improvement over the project as previously
considcred.
'13. 'llial llie pr•ojucl Iwt~ Liceii cJttAoilcd c:u1i5i5luiit wllli tliu !Aytc ui~icl Iociil
provisions of the Sliorelines ManagemenC Act contained in RCW 90.58 and the
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local Shorelines Management Plan for Spolcane County.
14. That the Board finds the necessary utility and public improvements
necessary to support this project have been recommended by County staff and
have been agreed to by the sponsor. These improvements will cause the
project to serve the general public health, safety and welfare.
15. That tne Board understands that certain environmental changes will occur,
but [his wijs undcrstood wlicn [hc initial concept was approved in 1981. The
, Board believes the benefits from this project will outweigh any adverse impacts.
Further, when an E1S is prepared far a project such as this, the project may
be conditioned to mitigate specific identified adverse environmental impacts. The
Board finds that the conditions of approval mitigate specific identified
environmental impacts. Additionally, the Board finds pursuant to RC1V
43.21C.060 that all reasonable mitigation measures are sufficient to mitigate the
impacts 16. The Board received comments from the appellants that the prior reioning
action for this site, (Couniy Planning Fiie #ZE-180-78) was improper due to
, alleged defects in the public notice. The Board finds that this is a legal issue
to be resolved by the court. However, the Board has considered the present
proposal on its own merits, affording the sponsors as well as appellants the
ability to address all relevant issues, including environmental.
17. The Board received comments that the commercial development oP Sullivan
Par•!< Center wilt have an adverse impact on other business centers within
Spo(cane County. Economic considerations are one factor which may be
considered outside of SEPA, and as such are afforded such weight as the Board
decros apnropriatc. The Board's policy, generally speaking, has fooked toward
approvals of major commercial facilities when supported by the comprehensive
plan and public hea(th, safety and welfare concerns and then !et the free
enterprisc system sort out the proposals.
18. That concern was expressed that the proposal would contribute significant
amounts of surface water discharge into the river or aquifer* thereby reducing
water qualiLy. The control of surface water disposal is carefully conditioned by
the Spolcane County Cnginecr's Department under Board adopted 1208'
tVastewJter Nrogram guiclclincs. Thc boarcJ noCes t'hese rcgulijtion-, arc cm-
ployed with all development over the Aquifer Sensitive ARea and have been
found effective in preventing pollution of surface and ground waters.
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19. The appellants indicated that the anticipated increase of traffic would
cause higher noise levels in the area and degrade the air quality. Evidence
presentqd to the Board indicated thai traffic noise generated by the project will
not adversely affect residential areas as they are significantly buffered by the
I-90 freeway and the ridge to the south and the Spokane River and other
industrial developments to the north as well as the voluntary setback on Lot 27.
The air quality concern was addressed in environmental documents anci
subsequently reviewed by the Spokane County Air Pollution Control Authority.
The impacts currently anticipated are believed to be less than originally
contemplated with the 1981 Zoning approval because of mandatory air emission
controls for automobiles in the County, the increased use oF unleacled gas and
smaller automobile engines.
20. That after considering all agencies/departments' review and public
testimony, the Board concludes that the proposal as conditioned will not be detrimental to the general public health, safety and welfare.
21. That at the public hearing, Attorney Tom May, at the conclusion of all
testimony quesCioned whether or not the Board -should have sworn in all indi-
viduals providing testimony. The Board notes that in fact the local Spokane
County Environmental Ordinance in Section 11.10.170 does provide that testi-
mony be under oaCh. Howevcr, the Board finds that, alChough being aware oP
the manner in which the hearing would be held before the Boarcl, the appellants
did not raise this issue until after the close of the public testimony.
Additionally, the Board finds that in their judgment, all testimony appeared to '
be truthfully given.
22. That the sponsors, as indicated in prior findings herein, did initiate a
zone change in conjuncCion with their proposal. This zone change was not
required in order to develop the property as proposed. However, the sponsors
desired to make the proposal consistent with the new County 2oning ordinance.
Although Lhis is l'hc case, lhc Board t`inds Cha[ the sponsor has demonstraCed
changed condicions warrantinq the new zoning. These include, but are not
necessarily lirnited to the Spolcane Counly new zoning ordinance in and oP itselfi.
AclJilioni,lty, changed cuncJllioris includAj a change in the originally contemplaCecJ
devclopment patCcrn of tlie community.
23. That on February 18, 1986, the E3oard, at a regular meeting, did the ap-
pcijl Vasccl upori lhc leslimonles ::uVinillud aC tlic: puVlie Ituarir'ig uncl olliur cvi-
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dence available to the Board and thus make the foliowing decision:
DECISION
- From the foregoing Findings, the Board hereby DEN I ES the appeal and
• UPHOLDS the Hearing Examiner Committee Decision of Approval, subject to the
revisions presented for buffering presented at the Board hearing and those
conditions of approval adopted by the Hearing Examiner Committee, attached
hereto as Exhibit A, and incorporated herein by reference.
BY THE ORDER OF THE BOARD THIS ~"-VDAY OF
-7~'~ , 1986.
l
BOARD OF COUNTY COMMISSIONERS
OF SPOKANE COUNT , AS INGTON
l ' .G,~'.v,'~ -
~--Chai-rman
k '
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The above action taken by a una im s vote of the
Board of Spokane County Commissi ners as folfows:
Commissioner 1(eith Shepard - Aye
Commissioner John McBride - AXe
Commissioner Grant Peterson - Aye
ATT EST :
.
WILLIAM,E. DANAHUE
Clerk % f the/Board
, '40
BY=
Oeduty Clerk
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. . • . . ` ` , - _ _ . ; ) ~.,-(.A,c.~-4 r~l~ u-~ r3 '
SC 0338 ~2 Pk~ss)
•
N0. DINnING SITC PLAN IISP-43-96
BCFORL' T1•IL- BOARD Or COUN"1'Y COMMISSIONCRS FOR Sl'OKANL- COUN"f 1'
- IN THL MATTER Or FILING Tf-IC r1NnL )
BINDING SITE PLAN, BSP-48-96, ) R E S 0 L U'1' I O N
1N SCCTION 11, T'OWNSI•IIP 25 N., )
RANGC 44 E.W.M., St'OKANE COUNT'Y, )
WASHINGTON
BL- 1T RL-SOLVED BY TI-IE BOARD OF COUNTY COiMMISSIONERS OF SPOIGANE
. COUNTY, WnSFIINGTON, ihat lhc IIinding Sitc Plan BSP-48-96, beirig (hat portion of Seclion
11, Township 25 Norcli, Rangc 44 E.W.M., Spokanc County, Washington, dcscribcd 1s follows:
PAR.S1?L "tA":
La( l, Block 1, SULLIVAN PnRK CCNTLR, according to plat rccordcd in Volumc 19 Plats,
Pagcs 25anc1-26, in Spoklnc County, Wzishington.
PAR ,L"J~,
That porlion of tlic Southwcst quartcr oCSECTION 11, TOWNSFIII' 25 NORT1-l, IZANGC 44
LAST, W.M. ici the Spok:uic-Councy, 1Vashington, dcscribcd as follows:
BEGINNING at the Northwcsc corncr of Lot 1, Dlock 1 of lllc Plat "Suliivan Parlc Cciitcr,"
according to plat recorded in Volume 19 Plats, Pages 25 and 26; tlience South 06°28' 18" East
along tlic Wcst linc of said Lot 1, 865.00 fcct; thcncc Soutli 56°26'27" East along said Wcstcrly
line, 773.50 fccl- to a point on t1ie Noriherly rigtit of way of Interstatc 90, said point bcing tlic
bcgiruiing oCa non-tangcnc curvc concavc to the Northcast with radius'oF2814.79 fcct and a
radial bcaring of SoutJt 18°1G04" Wcst; thcncc Nortliwcstcrly, througli a cc►?tral anglc of
1 Q°04'43", an arc distancc of 495.14 fcct to tlic cnd of curvc; tlicncc North 61 °39' 13" West
424.80 fect to the bcginning of a cucvc concavc to thc East wich 7 radius oC 50.00 fcct; (hcncc
Nortiierly, tlirougli a ccntral angle of 37°23'32", an arc distalice of 76.26 fect to the beginning of
a rcvcrsc curvc cottcavc to thc Norlhwcst wit}t z radius of 816.20 tcct and a radia) bcaring of
Soulh 64°15'4 I" E1sE; lhcncc Nor(hcastcrly, tluougli a ccntral anglc of 32°12'37", and arc
ciistancc of 453.S5 fcct to the cnd of curvc; thcncc North 06°23' 18" Wcst 376.19 fcct to a point
. ai the Southcrly riglit of way of Indiana Awcnuc bci,ig 37.00 fect South of ttic ccntcriine, said
point bcing on a curvc conclvc to die Northwest wieli a radius of 6768.56 fcet and a radial
bcaring of South 05°52'4S" East; thcncc Easlcrly along said Southcrly righl oCway, through a
cenlral ang(c of 00°35'33", an arc distance of 70.00 fect to the Westerly line oCsaid Sullivln
f'ark Ccntcr and a clinng?c in riglit of way front 37.00 fcct to 35.00 fcct Soulh of the Ccntcrlinc of
said Inclivi;i Avcnuc; tlicncc SouUi 06°23' 18" Cast 1.00 fcct to tlic poiiil of bcginninb.
UPON T1-IL KE-COMML"NllATION of the Spokanc Counly TiuildiiiU ancl Plauuting Division, lhc
f3indingSicc Plan is approvcd wilh thc cxccption lhat the public rights oFway dcdicztcd in this
Ui,ul;j►l; :~itc f'Ian %vili bc: (7:.11hlisl1ccl for m~intr.n;incc i-mrimscd iintil thc County L•nginccr has
ccrtif+cd chac lhc roicl:, havc bccti improvccl lo CoLinty sland;uds and approvccl by a scpara(e
resalution of (hc 1)oard of Counry Comi) i:;sioncrs.
ADUI'I'IONnLLY, Ulllll IIIC I3111d111g S1lC Plall (JOCU1llClll IS filccf iii thc Spokanc Councy
Auditor':: omce, tlii:; 13indinC Sitc Plan has only Prcliminary Bi»diiig Silc Plan status nilcl is
subjcct'to cxpiration anci nUll and void status if not pcrioclically grantccl an cxtcnsion of timc
. consistcnt Nvith the policics nnd proccdurcS of tlic Builcli»g and Plannirig Divi;ion.
. . ~ • .a • 1 .
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36 0338 -
PASSCD BY TI-IC IIOARD TI-IIS ~ DAY Or APR1L, 1996.
BOARD OF COUNTY COMMISSIONERS
0F SPOKANC COUNTY, WASHINGTON
illY D. Harri hairpcrson
~
Io o kelley, Dis ict 1
c 1-Iassai, District 2
ATT'L-ST: WILL1ANi E. DONnI-IUE
k of thc Board
By:
ssannc Nlontaguc, Dcputy Clcrk
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