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17-119.00 Central Valley SD: Mission Ave Improvements \Q\ MEMORANDUM •MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SPOKANE VALLEY AND CENTRAL VALLEY SCHOOL DISTRICT REGARDING THE MISSION AVENUE IMPROVEMENT PROJECT (CIP 0123) WHEREAS, as a part of its Amended 2017 Transportation Improvement Program, the City of Spokane Valley (the "City") intends to construct the Mission Avenue Improvement Project (the "Project") in 2018; WHEREAS, as part of the Project, the City will install sidewalks, curbing, bike lanes, a storm water system, and overlay Mission Avenue between Flora Road and Barker Road; WHEREAS, Central Valley School District No. 356 (the "School District") owns a 16.2 acre parcel located at 17720 E. Mission Avenue, Spokane Valley, WA 99016. Said parcel is known as Spokane County Assessor's Parcel Number 55182.0104 and is a portion of Tracts 1, 2, and 4 of Bacon's Addition to Greenacres, situated in Spokane County, Washington(the"Property"); WHEREAS, the City has offered to purchase from the School District 16,026 square feet of land in fee and a 15,552 square foot permanent drainage easement for storm water drainage purposes (collectively referred to as"Purchased Property"), affecting the Property; WHEREAS, the School District is constructing the Riverbend Elementary School on the southwest corner of the Property along the Mission Avenue and Long Road intersection; WHEREAS,the School District has developed a landscape plan, attached hereto as Exhibit 1 ( the "Landscape Plan") that provides an appropriate institutional setting for the elementary school on the Property(the "Site"); and WHEREAS, contingent on execution of the sale of the Purchased Property to the City, the City will install an irrigated planter strip on the Purchased Property planted pursuant to the Landscape Plan, adjacent to the Site, between the sidewalk and the curb to-be constructed as part of the Project(the "Planter Strip"); and WHEREAS, the School District agrees to maintain the Planter Strip after installation by the City; WHEREAS, the City and the School District desire to enter into this Memorandum of Understanding to establish terms of the installation and maintenance of the Planter Strip. NOW,THEREFORE, the City and the School District agree as follows: Page 1 of 3 ARTICLE 1—RESPONSIBILITIES OF THE CITY 1.1 The City shall construct the Mission Avenue Improvement Project as a part of its Amended 2017 Transportation Improvement Program; 1.2 As part of the Project, the City shall install curbing, sidewalks and landscaping adjacent to the Site at its sole cost and expense. Such installation adjacent to the Site shall be done pursuant to the Landscape Plan; 1.3 The City shall install in the Planter Strip, at its sole cost and expense, foliage and trees that are compatible with the Landscape Plan; 1.4 The City shall install underground irrigation lines and sprinkler heads in the Planter Strip compatible with the Landscape Plan and, at its sole cost and expense, connect the lines to the Riverbend Elementary School irrigation system to-be installed by the School District at the location shown on the attached Landscape Plans. The School District authorizes the City to enter the Property to install such required connections. ARTICLE 2—RESPONSIBILITIES OF THE SCHOOL DISTRICT 2.1 After installation by the City, the School District shall operate and maintain the irrigation system for the Planter Strip adjacent to the Site in perpetuity through the Riverbend Elementary School irrigation system; 2.2 After installation of landscaping within the Planter Strip compatible with the Landscape Plan, the School District shall maintain the sod, shrubs and trees within the Planter Strip in perpetuity. ARTICLE 3 —ALLOCATION OF COSTS 3.1 The City shall pay for the installation of an irrigation system in the Planter Strip compatible with the School District's irrigation system and connections to the School District's irrigation system, and shall pay for all foliage and plants within the Planter Strip. 3.2 The School District shall pay for all maintenance, mowing and water necessary for all landscaping within the Planter Strip after the City's installation and completion compatible with the Landscape Plan. ARTICLE 4—INDEMNIFICATION 4.1 The City agrees to indemnify the School District from and against any and all damages, claims, costs, expenses, or other liabilities arising from the work being performed under this Memorandum of Understanding and and/or property damage caused by the negligent Page 2 of 3 or willful misconduct of the City, the City's agents, licensees, contractors, or invitees in constructing the improvements described he em. ( The Parties have executed this Agreement this 1� ay of �2tM.,er , 2017. CITY OF SPOKANE VALLEY CENT ' , ALLEY SCHOOL DISTRICT L Ciikt6, N0. 37 /fi I, Mark alhoun, City Manager By: Its: Authorized Representative ATTES APPROVED AS TO FORM: lirti stine Bainbridge, City Clerk Co fice the City tto ey Page 3 of 3