6737523 Mutual Release and Settlement Summit Prop 08/27/2018 02:26:59 PM 6737523
Recording Fee $103.00 Page 1 of 5
Release GOVERNMENT CITY OF SPOKANE VALLEY
Spokane County Washington
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RETURN NAME and ADDRESS:
City of Spokane Valley
Office of the City Attorney
10210 East Sprague Avenue
Spokane Valley,WA 99206
AUDITOR'S NOTE:
Document Title(s) Document Recorded
is A Copy
Mutual Release and Settlement
Reference Number(s)of Related Documents
5707900
Grantor(s)(Last Name,First&Middle Initial)
City of Spokane Valley
Grantee(s)(Last Name,First&Middle Initial)
Summit Properties,Inc.
Legal Description(Abbreviated form is acceptable)i.e. Section/Township/Range/I/4 Section
Section 30, Township 25 North, Range 45EWM, Spokane County, Washington SEI/4
Assessor's Tax Parcel ID Number: 55305.3716(index only)
The County Auditor will rely on the information provided on this form. The Staff will not read the document to verify the accuracy or
completeness of the indexing information provided herein.
Sign Below only if your document is Non-Standard.
I am requesting an emergency non-standard recording for an additional fee as provided in RCW 36.18.010. 1 understand that the
recording processing requirements may cover up or otherwise obscure some parts of the text of the original document. Fee for non-
standard processing is$50.
Signature of Requesting Party
MUTUAL RELEASE AND SETTLEMENT
RECITALS
On October 9, 2006, an agreement entitled Voluntary Mitigation Agreement Vistas At
Morningside Heights PE-1962-05("VMA")was entered into by and between Summit Properties
Inc. ("Developer")and the City of Spokane Valley("City"),jointly referred to as "Parties".
The VMA was entered into by the Parties pursuant to RCW 82.02.020 to mitigate a direct
impact identified as a consequence of Developer's Spokane County approved preliminary plat
application,PE-1962-05 (the"plat approval").
Developer is the owner/developer of certain real property consisting of approximately 120.62
acres and generally located east of and adjacent to the intersection of Chapman Road and Windsor
Drive,northerly of Morningside Heights Drive in Spokane County Washington. That property is
more specifically described in the VMA,which by reference is incorporated herein.
The VMA was entered into by the Parties providing for Developer's payment of a mitigation
fee representing a proportionate share contribution towards traffic impact improvements deemed
necessary at the intersection of Sprague Avenue and Barker Road.
The Developer provided the City with a letter of credit from Washington Trust Bank as
consideration for the VMA.
A disagreement subsequently developed between the Parties regarding the amount of
Developer's mitigation fee to be assessed and paid as a proportionate share contribution towards
traffic impact improvements.
AGREEMENT
• NOW, THEREFORE, in consideration of the mutual covenants and conditions
hereinafter set forth,the Parties hereto agree as follows:
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As consideration, the City agrees to accept from Developer a mitigation fee payment of
$20,000 representing full and final satisfaction of any and all payment obligations as set forth in the
above referenced VMA.
Upon payment, the City will provide a copy of this Agreement and in writing promptly
inform Washington Trust Bank (WTB) of said satisfaction and provide its consent for WTB to
release the letter of credit relating to the plat approval.
In exchange for said payment and satisfaction,the Parties hereby mutually release and forever
discharge one another,including elected City officials and any of the Parties' employees and agents
respecting or relating to and from any and all claims,demands,rights,liens,agreements,contracts,
covenants, actions, suits, causes of action, obligations, debts, costs, expenses, attorneys' fees,
damages,judgments,orders and liabilities of whatever kind or nature in law,inequity or otherwise,
whether now known or unknown,suspected or unsuspected,and whether or not concealed or hidden,
which the Parties now own or hold or have atany time heretofore owned or held as against one
another, arising out of or in any way connected with the VMA, the related plat approval, or
mitigation fees and obligations,including but not limited to any terms,conditions,requirements,or
mitigation measures associated or related in any way to the said plat approval, or any other
transactions, occurrences, acts or omissions or any loss, damages or injuries whatever, known or
unknown, suspected or unsuspected, resulting from any act or omission by or on the part of the
Parties,or any of them,committed or omitted prior to the date of this Agreement and arising out of
the said plat approval; provided, however,that this.Mutual Release and Settlement shall have no
effect on any other VMA,plat application,or plat approval other than as specifically identified in the
foregoing.
The Parties further hereby declare and represent that they are relying wholly upon their own
judgment, belief, and knowledge of the nature, extent, and duration of any of said claims and
demands and that they have not been influenced to any extent whatsoever in making this Mutual
Release and Settlement by any representations or statements regarding said subject matter or
regarding any other matters not contained herein made by one another,or by any person or persons
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representing them. Each Party or Party representative executing this Mutual Release and Settlement
warrants that they are fully authorized to execute and deliver this Mutual Release and Settlement on
behalf of the entity or Party for which it is being signed. The undersigned hereby warrants that they
have full power and authority to enter into this Agreement and to undertake the actions contemplated
herein, and that this Agreement is enforceable in accordance with its terms.
This Agreement constitutes a SETTLEMENT of disputed claims which are denied by the
respective Parties regardless of the adequacy of the above consideration and/or the acceptance ofthe
terms of this Agreement. This RELEASE shall not operate as an admission of liability by either
Party,nor as an estoppel,waiver,or bar,with respect to any claim that the Parties may have against
one another in regard to the enforcement of the terms and conditions set forth herein. This
MUTUAL RELEASE AND SETTLEMENT shall be governed by and construed in accordance with
the laws of the State of Washington.
DATED at Spokane,Washington,thisb11) day of December,2016.
City of Spokane Valley SUMMIT PROPERTIES,INC.,
112 r ByctL9 :)Stt"L--By
MARK CALHOUN RICHARD T.DAHM
Its: City Manager Its: President
STATE OF WASHINGTON )
ss.
County of Spokane )
On this day of December,2016,before me personally appeared Richard T.Dahm,to me
known to be the President of Summit Properties,Inc.,a Washington corporation,and he executed the
within and foregoing instrument and acknowledged said instrument to be the free and voluntary act
and deed of Summit Properties,Inc.,for the uses and purposes therein mentioned.
NOTARY PUBLIC Print Nie: 5�,,�- h�a � 1
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SONJA IASTATE OF WAS LEWISEWIS Notary Public in and for the State of Washington,
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My Appointment Wes May 28,2018 ► residing at pAp,�
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EXHIBIT A
THE VISTAS AT MORNINGSIDE HEIGHTS
PRELIMINARY PLAT PROPERTY DESCRIPTION
Tract "C"of the Plat of Morningside Heights 3rd Addition as per plat recorded in Book 29 of Plats,
pages 69-72, Spokane County, Washington Together with the S W 1/4 of the N E 1/4 and the
N W 1/4 of the S E 1/4 all in Section 30, T 25N, P 45E, W M, Spokane County, Washington
Except beginning at the Southeast corner of Lot 1, Block 3, of the Plat of Windsor Ridge Second
Addition as per plat recorded in Book 29 of Plats, pages 18 and 19, in the Spokane County
Auditor's office Spokane, Washington, thence N 00032'35"E, along the East line of said Lot 1 and
West line of the S E 1/4 of said Section 30, 135 68 feet to the Northeast corner of said Lot 1,
thence S 58037'06"E, 56 00 feet, thence S 24°44'46"W, 117 26 feet, to the Point of Beginning
Except, Beginning at the Northeast corner of the S W 1/4 of the N E 1/4 of said Section 30,
thence S 00°35'15"W, along the East line of said S W 1/4 of the N E 1/4, 1305 88 feet, thence
N 89°16'53"W, 462 53 feet, to the beginning of a curve to the right the radius of which bears
N 00°43'07"E, a distance of 250 00 feet, thence along said curve to the right, through a central
angle of 39°47'03", an arc distance of 173 59 feet to a point of tangency, thence N 49°29'50"W
330 32 feet, to the beginning of a curve to the right the radius of which bears N 40°30'10"E, a
distance of 250 00 feet, thence along said curve to the right, through a central angle of 21009'06",
an am distance of 92 29 feet, thence N 28°20'44"W, 40 67 feet to a point on a curve to the left
the radius of which bears N 26°40'01'W, a distance of 480 00 feet, thence along said curve to
the left , through a central angle of 67°12'01" an arc distance of 562 98 feet to a point of
tangency, thence N 03°52'02'W, 465 28 feet, to the North line of the S W 1/4 of the N E 1/4 of
said Section 30, thence S 89°26'24"E, along said North line, 713 18 feet to the Point of
Beginning