6637909 Permit: ITS Infill PH 1 CIP 0201 y. 40 09/07/2017 11:53:35 AM 6637909
Recording Fee $80.00 Page i of 7
SpokaneaCountY Washi TZIENT, CITY OF SPOKANE VALLEY
1111111111 .11111L1111LII111111IIII11M1lIl11111111111111 _ _ -
After recording return document to:
City of Spokane Valley
Attn: City Clerk
11707 E. Sprague,Suite 106
Spokane Valley,WA 99206
Document Title: Permit(this "Permit")
Reference Number of Related Document: ITS Infill Project, CIP 0201
Grantor(s): HD Development of Maryland, Inc. (Home Depot)
Grantee(s): City of Spokane Valley
Legal Description of Grantor Property: SE 3/4 Section 14,Township 25 Range 43 SE1/4
14-25-43 BEG SE COR SD SEC TH NOODEGO7MIN18SECW 794.09' TH
S89DEG28MIN34SECW 43.50'TO TPOB TH S89DEG28MIN34SECW 1375.00'TH
SOODEG31MIN26SECE 141.98'TH N89DEG28M1N34SECE 551.19'
THSOODEG31MIN3OSECE 277.94'TH N89DEG28MIN34SECE 59.16'TH
SOODEG31MIN26SECE 330.97' TH S89DEG56MINOOSECE 22.78'TH
NOODEGO6MIN21 SECW 151.15'TH N89DEG28MIN35SECE 736.53' TH
NOODEGO7M1NO8SECW 600.00'TOTPOB ("Grantor Property")
Additional Legal Description: See attached Exhibit for limits of Temporary
Construction Permit area.
Assessor's Tax Parcel Number: 35144.9095
PERMIT
ITS Infill—Phase 1 Project
Subject to the terms, conditions, limitations and restrictions set forth in this Permit, HD
Development of Maryland, Inc., a Maryland corporation ("Grantor"), for and in consideration
of replacing damaged sod behind a sidewalk and repairing underground sprinkler systems,
grants to the City of Spokane Valley ("Grantee") and Grantee's employees, contractors and
agents (collectively, "License Users"), a temporary, non-exclusive right to enter under, over,
across and through a portion of the Grantor Property (described above) in Spokane County,
State of Washington, which portion of the Grantor Property is depicted as the "Temporary
Construction Permit Area" and single-hatched on Exhibit A attached hereto and incorporated
herein (the "Temporary Construction Permit Area"), from the date hereof until the earlier of
(a) completion of the City of Spokane Valley ITS Infill Phase 1 project or (b) December 31,
2018 (as applicable, the "Term"), for the sole purpose of installing an ITS pullbox in the
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sidewalk located adjacent to the Temporary Construction Area(the "Work").
The foregoing grant of Grantee's and the License User's right to enter the Temporary
Construction Permit Area and perform the Work within the Temporary Construction Permit
Area are subject to the following terms,restrictions, limitations and conditions:
(a) If there is any disturbance of any grass or soil in the Temporary
Construction Permit Area or any of Grantor's Property as a result of Grantee's access or the
License Users' access to the Temporary Construction Permit Area, Grantee shall cause such
disturbance of soils or grass to be stabilized and replaced with sod;
(b) The trees within the Temporary Construction Permit Area shall not be
trimmed; provided, however, such trees may be trimmed back to normal limits if(a) Grantee
consults an arborist in connection with such trimming, (b) Grantor provides its prior written
consent (which consent will not be unreasonably withheld, conditioned or delayed) and (c)
Grantee inspects such trees one year after such trees are trimmed to make sure such trees have
not been damaged;
(c) If any tree within the Temporary Construction Permit Area is damaged or
shows damage within one year following the Grantees work within the Temporary
Construction Permit Area due to Grantee's access or the License User's access to the
Temporary Construction Permit Area, Grantee shall replace such damaged trees;
(d) The grades within the Temporary Construction Permit Area shall not be
changed and shall be returned to their existing condition to keep the integrity of the swale
volume intact;
(e) Prior to performing any work or accessing the Temporary Construction
Permit Area, Grantee shall provide at least twenty-one (21) days prior notice by email to
Mark Sciesinski, project manager for Grantor (714.697.7675 and
mark_sciesinski@homedepot.com) and such email notification to Mr. Sciesinski shall provide
a timeline of the construction on the Temporary Construction Permit Area by Grantee and
shall also include pictures of the area prior to performance of the Work and access to the
Temporary Construction Permit Area by Grantee and the License Users;
(f) Within twenty-one days after the Work on the Temporary Construction
Permit Area is complete, Grantee shall provide Mr. Sciesinski with photos of the Temporary
Construction Permit Area taken after the Work is completed;
(g) Access to the Temporary Construction Permit Area by Grantee and the
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License Users shall only be from the right of way of N. Fancher Road and Grantee and the
License Users shall have no right to access any portion of the Grantor Property except for the
Temporary Construction Permit Area;
(h) Grantee shall cause all of the Temporary Construction Permit Area and
adjacent sidewalk and curbing to be put back in in its existing condition after completion of
the Work within the Temporary Construction Permit Area;
(i) Grantee shall not permit any blocking of traffic along any entry drives of
Grantor's Property in connection with the Work and access to the Temporary Construction
Permit Area by Grantee and the License Users; provided, however, Grantee may install traffic
control devices (channelizing drums) along two of the access drive along Francher Road as
long as at least twelve feet of such access drives are kept open at all times;
(j) Grantee shall locate all utilities and utility lines prior to any construction
within the Temporary Construction Permit Area; and
(k) Once Grantee has commenced the Work on the Temporary Construction
Permit Area, Grantee shall use commercially reasonable efforts to complete the Work on the
Temporary Construction Permit Area in a timely and efficient manner.
It is understood and agreed that delivery of this permit is hereby tendered and that the
terms and obligations hereof shall not become binding upon Grantor or Grantee unless and
until accepted and approved hereon in writing by Grantee and Grantor, by their authorized
agents.
Grantee shall defend, indemnify and hold Grantor harmless from any and all claims,
injuries, damages, losses or suits including attorneys' fees, arising out of negligent conduct of
Grantee in performance of the Work or the activities or operations performed by Grantee or
arising out of issuance of this easement, except for injuries and damages caused by the
negligence of the Grantor.
This Permit shall automatically terminate at the end of the Term; provided, however,
the rights and obligations of Grantee and indemnities set forth in this Permit, shall be deemed
to be continuing in nature and shall remain in full force and effect and shall survive the
termination of the right to enter and construct the Work granted herein.
[Signatures commence on following page]
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IN WITNESS WHEREOF, the undersigned have caused this instrument to be
executed on this 0-1-14 day of 4t1A vts. , 2017.
Grantor:
HD Development of Maryland, Inc.,
a Maryland corporation
By: `7
Name: Suzanne Russo
Title: Senior Corporate Counsel
STATE OF GEORGIA )
) ss
County of Cobb )
On this 1 itn day of At j5tasfi , 2017,before me personally appeared
Su2a„r121-9,laSs0
,known to meto be thSr CbirdoratCCbunse..
of I-kp�Q 114Lp uk , a hart'Word r to o•a 41 on that executed the
foregoing instrument, and acknowledged said instrument to be the free and voluntary act and
deed of said Limited Liability Company, for the uses and purposes therein mentioned, and on
oath stated thatS4tt.czrvmt: ,VSs o authorized to execute said instrument.
Notary Public ' and for the State of
Georgia,residing at
My commis*iatu�s
`4 ALLEjN '���i4
Y 61G =.
G0J
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11)01 076 C°
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Grantee:
City of Spokane Valley
By:
Name: G oria Mgnh
Title: Cqv tta ( I /111441411,914
STATE OF WASHINGTON )
) ss
County of Spokane )
On this (a day of c..`_T'"em\ jP,r , 2017,before me personally appeared
ov,a VAari-{'L
,known to me to be the I. It ►t' eVY '
of 1 sokakeviAN , a I V1 l\ me edCl
- iy that executed the
for goifi instrument, andadknowledgeaid instrument td be the free and voluntary act and
deed of said Limed Liability Company, for the uses and purposes therein mentioned, and on
oath stated that itOvi a litan42 authorized to execute said instrument.
CitfriaMAHP
Ativickarraiwt
Notary Public in and for the State of
Washington, residing at
My commission expires ,\‘‘\‘‘‘;11tt!
4,-P HENDF/Q�r4
\a,,Nom I,I • 'I
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EXHIBIT A
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