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17-109.00 Viking Builders: Mission Improvement Project MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SPOKANE VALLEY AND VIKING BUILDERS,LLC FOR COORDINATION OF CONSTRUCTION OF THE CASCADE VALLEY SUBDIVISION IN CONJUNCTION WITH THE MISSION AVENUE IMPROVEMENT PROJECT (CIP 0123) Spokane Valley Contract 17-109 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, which will install sidewalks, curbing, bike lanes, a storm water system, and overlay Mission Avenue between Flora Road and Barker Road; and WHEREAS, the City has offered to purchase a 5,910 square foot permanent easement (easement area)for stormwater drainage purposes,affecting the parcel owned by Viking Builders, LLC (Viking Builders). Said parcel is currently known as Spokane County Assessor's Parcel Number 55074.1357, and is a portion of Block 38, Greenacres Irrigation District Plat A, situated in Spokane County, Washington; and WHEREAS, Viking Builders is in the process of platting the 174,735 square foot parcel for residential development; and WHEREAS,Viking Builders is desirous of later deeding the easement area to the City,for no additional compensation beyond what was paid for the easement, either upon completion of the right-of-way certification process for the Project,or upon finalization of the plat, whichever event occurs last; and WHEREAS, deeding the easement area to the City will alleviate Viking Builder's burden of long-term maintenance and payment of real property taxes; and WHEREAS, the City and Viking Builders desire to enter into this Memorandum of Understanding (MOU) to establish the mutually agreed terms to accomplish the tasks set forth herein. NOW,THEREFORE, the City and Viking Builders agree as follows: ARTICLE 1 —RESPONSIBILITIES OF THE CITY 1.1 The City shall construct the Mission Avenue Improvement Project; and 1.2 The City shall install a curbing and sidewalk pursuant to Exhibit attached to this MOU;and 1.3 The City shall install a 10-inch diameter ductile iron pipe as shown on the Exhibit attached to this MOU; and 1.4 The City shall reconstruct Mission Avenue pursuant to the Exhibit attached to this MOU; and Page I of 2 1.5 The City shall remove existing pavement on the Arties Road extension to the patchback line, pursuant to the Exhibit attached to this MOU, and place hot mix asphalt to blend into the new Mission Avenue pavement. ARTICLE 2—RESPONSIBILITIES OF VIKING BUILDERS 2.1 Viking Builders, for no additional consideration beyond what was paid for the easement, shall transfer by deed the 5,910 square foot easement area as shown on that right-of-way map dated 9/12/17 as Map Number 23 and as currently known as a portion of Spokane County Assessor's Number 55074.1357. Such transfer of fee title shall occur either upon completion of the right-of- way certification process for the Project, or upon finalization of the plat, whichever event occurs last; and 2.2 Title shall be transferred to the City free of any liens and encumbrances, and Viking Builders agree to provide a policy of title insurance reflecting the same; and 2.3 Viking Builders shall pay any attorney's fees related to drafting the document(s) to transfer title,excise tax processing fees, and recording fees; and 2.4 Viking Builders shall submit, if necessary, an application to create the new parcel(s) and to pay any fees associated with same; and 2.5 Viking Builders, LLC shall be responsible for installing curbing and sidewalk pursuant to the Exhibit attached to this MOU; and 2.6 Viking Builders, LLC shall be responsible for constructing and paving the proposed extension of Arties Road to the existing edge of pavement on Mission Avenue pursuant to the Exhibit attached to this MOU. ARTICLE 3—ALLOCATION OF COSTS 3.1 This MOU, once fully executed, shall establish a commitment by the City to purchase the above-mentioned drainage easement from Viking Builders as valued in the Administrative Offer Summary dated 9/15/17 and as contained in the certain offer letter in the amount of$10,638.00; The Parties have executed this Agreement this qday of te_kv,./64— ,2017. CITY OF SPOKANE VALLEY VIKING BUILDERS,LLC Cat A ' _/11 Mark Calhoun, City Manager e • Its: Authorized Representative AT 4 tri. 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