Special Assessment Agreement . , .
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-P iL SPECIAL ASSESSMENT AGR1+' ,IV.CENT
apP THIS SPECIAL, ASSESSMENT AGREEMENT is made as of 1999, by and
between INLAND EMPIRE PAPER COMPANY, a Washington corporation, whose address is
i,�i u - 3320 North Argonne Road, Spokane, Washington 99212-2099 (the "Property Owner"), and
SPOKANE COUNTY, WASHINGTON, a municipal corporation of the State of Washiniton,
whose address is 1116 West Broadway, Spokane, Washington 99260-0180 (the "Issuer").
WITNESSETH
WHEREAS, the Board of County Commissioners (the 'Board"), by Resolution No. 99-
0312, adopted on April 20, 1999, created Utility Local Improvement District No. U006 of the
County("UL1D No. U006");
WHEREAS, the Property Owner of the real property within U006 described herein has
requested that special assessments be levied on its property in relation to the special benefits
derived to such property;
WHEREAS, the Property Owner has requested that 69% of the total assessable cost of
the improvements be specially assessed against its property and that its property will be specially
benefited by said amount;
WHEREAS, the parties to this Special Assessment Agreement desire that the assessment •
against Parcel Nos. 45035.9091 and 45105.9072 (the North 305 feet) equal 69% of the total
assessable cost of such improvements:
NOW THEREFORE, in consideration of the mutual•promises contained herein and other
good and valuable consideration, the receipt of which is hereby acknowledged by the parties, the
parties hereby agree as follows:
1. The Property Owner hereby represents that the special benefit to Parcel Nos.
45035.9091 and 45105.9072 (the North 305 feet) received on account of the improvements
installed within ULID No, U006 equals or exceeds 69% of the total assessable cost of such
improvements. The Property Owner further acknowledges that such lien is superior to all other
liens on such property other than the lien thereon for general taxes.
2. The Property Owner acknowledges the County's right to charge additional GFCs
against Parcel Nos. 45035.9091 and 45105,9072 (the North 305 feet) in the event the Property
Owner's use thereof changes.
3. This Special Assessment Agreement may be amended only in writing by the parties
hereto,
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4. No failure or delay on the part of the County in exercising any right, power, or
remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any
such right, power, or remedy preclude any other or further exercise thereof or the exercise of any
other right, power, or remedy hereunder. No modification or waiver of any provision of this
Special Assessment Agreement, nor any consent to any departure by the Property Owner
therefrom, shall in any event be effective unless the same shah be in wilting and then such waiver
or consent shall be effective only in the specific instance and for the specific purpose for which
given. No notice to or demand on the Property Owner in any case shall entitle the Property
Owner to any other or further notice or demand in similar or other circumstances.
5. To induce the County to execute this Special Assessment Agreement and amend
the assessment against Parcel Nos. 45035.9091 and 45105,9072 (the North 305 feet), the
Property Owner hereby covenants and represents that; (i)the making and performance of this
Special Assessment Agreement by the Property Owner has been duly authorized by all necessary
corporate action, and will not violate any law, rule, regulation, order, writ, judgment, decree,
determination, or award presently in effect having applicability to the Property Owner or any
provision of its Certificate of Incorporation or Bylaws; (ii)this Special Assessment Agreement is a
legal, valid, and binding obligation of the Property Owner, and is enforceable against the.Property
Owner in accordance with the terms hereof; (iii)there is no action, suit, proceeding, or
investigation at law or in equity, or by any judicial or administrative court or agency, or to the
Property Owner's knowledge and information threatened against or affecting the Property Owner
which would affect the validity of this Special Assessment Agreement or materially affect the
performance by the Property Owner of this Special Assessment Agreement or the transactions
contemplated thereby.
6. This Special Assessment Agreement contains the entire agreement and
understanding of the parties with respect to the subject matter hereof, and supersedes all prior
oral or written understandings, agreements, promises or other undertakings between the Parties.
7. ORAL AGREEMENTS OR ORAL COMMITMENTS TO LOAN MONEY,
EXTEND CREDIT OR TO FORBEAR FROM ENFORCING REPAYMENT OF A DEBT ARE
NOT ENFORCEABLE UNDER WASHINGTON LAW,
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Niexecuted this
'WITNESS Wi'RBCf, the Property Owner and the County
1.14 Special Assessment Agreement, or have caused it to be executed by their duly authorized
representative(s), thisie- day afy'
1999.
juAtli
INLAND EMPIRE
PAPER COMP
ANY
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i Wayne • Arid sen, President and
General Manager I
BOARD OF COUNTY COMMISSIONERS OF
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SP KANE C4UNTY,WASH ETON
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ATTEST:
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VICKY M. DALTON
• Clerk of the Board of
County Commissioners
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10 aniela Erickson,Deputy
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STATE OF WASHINGTON ) rn
WHIM UR SO. 0 Seafuce co, 11.
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COUNTY OF SPOKANE )
On this . day of-May,1999, before me, the undersigned, a Notary Public in and for
the State of Washington, duly commissioned and sworn, personally appeared WAYS D.
ANTSEN, to rite known to be the person who signed as President and General Manager of
INLAND EMPIRE PAPER COMPANY, the corporation that executed the within and foregoing
instrument, and acknowledged said instrument to be the free and voluntary act and deed of said
corporation for the uses and purposestherein mentioned, and on oath stated that he was duly
appointed, qualified and acting as said officer of the corporation, that he was authorized to
execute said instrument and that the seal arced, if any,is the corporate seal of said corporation.
IIS WITNESS WHEREOF I have hereunto set my hand and official seal the day and year
first above written.
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`,��� ,.,,..'.,,., (Signature of Notary)
piJ8L1C (Print or stamp name of Notary)
fieN NOTARY PUBLIC in and for,he St:to
/„ rittlti���� of Washington, residing at _j . y'_�
My appointment expires:
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Exhibit A
Legal Description
Parcel No. 45035.9091
03-25-44
BEG AT A PT ON THE N LN OF EUCLID AVE SD PT BEING 290FT E OF
THE W LN OF THE E1/2 OF SW1/4; TH N PARAL TO SD W LW 1246. 07
FT; TH N 69DEG 40MIN 16SDS E, 97.60FT; TH S '73DEG 11MIN 13
SDS E, 74 ,03FT; TH S 57DEG 55'1IN 20SDS E, 133$ .37FT TO THE
PT OF CURVE TO THE RIGHT, SD CURVE HAVING A DELTA OF 20DEG
50MIN 32SDS WITH A RAD OF 2271 . 57FT; TH ALG SD CURVE AN ARC
DIST OF 826.32FT' TO THE N LN OF EUCLID AVE; TH WLY ALG THE N
R/W LN OF SD EUCLID AVE TO THE POB
Parcel No. 45105.9072 (the North 305 FeetI
10-25-44 , THE NORTH 305 FEET OF
PTN OF NE1/4 LYG SWLY OF I ,E.P. CO RR R/W SD SURVEYED R/W
RECORDED UNDER AUDITORS OFFICE NO. 6343400 DATED JUNE 30TH
172, EXC S 2340FT OF W 200FT & EXC PTN S 940FT OF E 740FT
OF W 940FT OF NE1/4 LYG N & W OF FUTURE RD R/W; TOGETHER
WITH N 300FT OF NW1/.4 EXC W 990FT THEREOF EXC RD