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20-037.00 Jovi LLC: Barker Grade Separation Displacee Lease Parcel No.: R-55061.9004-A Fed. Aid No.: REP-4123(005) Project: Barker Rd/BNSF Grade Separation COMMERCIAL DISPLACEE LEASE The CITY OF SPOKANE VALLEY, (hereinafter CITY), and serving in the capacity of landlord,does hereby rent and lease unto JOVI, LLC,(hereinafter TENANT),and TENANT does hereby lease from CITY that certain property(Premises)situated in Spokane County,Washington shown on Exhibit A, attached hereto and by this reference incorporated herein: WHEREAS, the land and premises to be leased are not presently needed for highway purposes; and WHEREAS CITY is granted authority to lease property under SVMC 3.49.020(D); and NOW, THEREFORE, in consideration of the terms, conditions, covenants, and performances contained herein, IT IS MUTUALLY AGREED AS FOLLOWS: 1. TERM. The term of this Lease shall commence at 12:01 a.m.on the date CITY takes possession of the Premises (Commencement Date), and shall terminate not later than 11:59 p.m., March 31, 2020.For the purposes of this Lease,"possession of the Premises" shall mean that date on which the property owner receives compensation for said Premises. 2. RENT. The value of the rent to TENANT was taken into account and negotiated as part of the overall purchase price of the Premises, up through end of day on March 31, 2020. If TENANT fails to move out on or before 11:59 p.m. on March 31, 2020, the TENANT shall pay $500 per day plus all legal fees and costs incurred by the CITY to evict them from the Premises. 3. TERMINATION. Except as otherwise provided in this Lease, this Lease may be terminated by either party upon not less than 30 calendar-days prior written notice to the other; provided, in the event of an emergency as determined by CITY,CITY or TENANT may terminate this Lease with less notice or immediately, as deemed necessary by CITY. 4. RELOCATION ASSISTANCE. TENANT and CITY acknowledge that TENANT may be entitled to relocation assistance payments as authorized by chapter 8.26 RCW. 5. USE OF PREMISES. A. No use other than its current use is permitted without the prior written approval of CITY. In using the Premises, TENANT shall comply with all policies and regulations heretofore Lease for Parcel No.:R-55061.9004-A Page 1 of 12 or hereafter promulgated by CITY relative to the location, operation, and maintenance of improvements located on the Premises. B. In using the Premises, it is expressly agreed that 1) TENANT at all times must comply with all federal, state, and local laws, regulations, ordinances, and environmental requirements that are in force or which may hereafter be in force which affect the operations conducted on the Premises, and 2) must secure all necessary permits and licenses necessary and incidental to any operation under this Lease and give all notices required by such permits and licenses. TENANT hereby agrees to hold harmless CITY from all claims or suits resulting from TENANT's failure to comply with such requirements. C. New or additional signs, display lights, or advertising media/materials are not permitted except in any interior sales areas. TENANT shall perform or cause to be performed at its expense all maintenance of the Premises that will include, but not be limited to, keeping the Premises in good condition,both as to safety and appearance,to the satisfaction of CITY. D. CITY shall bear no expense in connection with any requirement of law, ordinance, or regulation and TENANT shall indemnify and hold harmless CITY, any agents, officers, or employees thereof against any claims arising from any violations of any such laws, ordinances or regulations. E. CITY hereby covenants that no illegal drug activity will be conducted on the Premises. Drug related activity means any activity that constitutes a violation of chapters 69.41, 69.50, or 69.52 RCW. In the event that TENANT violates this provision, this Lease may be terminated by WSDOT by giving three (3)calendar days written notice to TENANT. 6. ENVIRONMENTAL REQUIREMENTS. A. TENANT represents, warrants and agrees that it will conduct its activities on Premises and lands adjacent thereto in compliance with all applicable Environmental Laws. As used in this Lease, "Environmental Laws" means all federal, state and local environmental laws, rules, regulations, ordinances,judicial or administrative decrees, orders, decisions, authorizations or permits, including, but not limited to,the Resource Conservation and Recovery Act,42 U.S.C. § 6901, et seq.,the Clean Air Act, 42 U.S.C. § 7401, et seq.,the Federal Water Pollution Control Act, 33 U.S.C. § 1251, et seq., the Emergency Planning and Community Right to Know Act, 42 U.S.C. § 11001, et seq., the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. § 9601, et seq., the Toxic Substances Control Act, 15 U.S.C. § 2601, et seq., the Oil Pollution Control Act, 33 U.S.C. § 2701, et seq., the WSDOT National Pollutant Discharge Elimination System,the State Waste Discharge Municipal Stormwater General Permit, and Washington or any other comparable local, state or federal statute or ordinance pertaining to the environment or natural resources and all regulations pertaining thereto, including all amendments and/or revisions to said laws and regulations. It is the responsibility of TENANT to Lease for Parcel No.:R-55061.9004-A Page 2 of 12 ensure that the functionality of all existing stormwater facilities on the Premises or adjacent lands managed and or owned by TENANT is in accordance with all applicable Environmental Laws. B. Toxic or hazardous substances are not allowed on the Premises without the express written permission of CITY and under the terms and conditions specified by CITY. This approval will include CITY review and approval of TENANT's or any TENANT contractor's spill prevention and control plan along with CITY's approval of the storage location of any toxic or hazardous substance on CITY property. In the event such permission is granted, the disposal of such materials must be done in a legal manner by TENANT according to all Environmental Laws and as outlined in Section 11.A. For the purposes of this Lease, "Hazardous Substances" shall include all those substances identified as hazardous under the Comprehensive Environmental Response, Compensation, and Liability Act,42 U.S.C. § 9601 et seq., and the Washington Model Toxics Control Act, RCW 70.105D et seq., and shall include gasoline and other petroleum products. "Existing Hazardous Substances" shall mean those Hazardous Substances existing on the Premises as of the Commencement Date of this Lease that are not CITY Hazardous Substances. "CITY Hazardous Substances"shall mean those Hazardous Substances(a)that have been released on the Premises by CITY, its employees, contractors, or agents, either before or after the Commencement Date; (b) released or have the potential to be released as a result of CITY's activities or operations on the Premises either before or after the Commencement Date;or(c)have been released or have the potential to be released as a result of CITY's use,disposal,transportation, generation and/or sale of Hazardous Substances on the Premises, regardless of when they may have been released on the Premises. C. TENANT agrees to cooperate in any environmental investigations conducted by CITY's staff or independent third parties where there is evidence of a release or potential release of Hazardous Substances on the Premises, or where CITY is directed to conduct such audit by an agency or agencies having jurisdiction. TENANT will reimburse CITY for the cost of such investigations, to the extent the need for said investigation is determined to be caused by TENANT's operations. TENANT will provide CITY with notice of any inspections of the Premises, notices of violations, and orders to clean up Hazardous Substances. TENANT will permit CITY to participate in all settlement or abatement discussions. In the event TENANT fails to take remedial measures as duly directed by a state, federal, or local regulatory agency within ninety (90) calendar days of such notice, CITY may elect to perform such work, and TENANT covenants and agrees to reimburse CITY for all direct and indirect costs associated with CITY's work where said release of Hazardous Substances is determined to have resulted from TENANT's use of the Premises. CITY's right to implement any required actions pursuant to this subparagraph shall not accrue unless and until: Lease for Parcel No.:R-55061.9004-A Page 3 of 12 (1) TENANT's failure to implement remedial measures violates the terms of the direction received from the state,federal,or local regulatory agency; (2) CITY has provided TENANT with written notice of TENANT's failure to implement the subject remedial measures; and (3) TENANT has failed to cure the breach within ten (10) business days of receipt of such written notice,unless the parties agree to an extended cure period. D. TENANT agrees the use of the Premises shall be such that no hazardous or objectionable smoke, fumes, vapor, odors, or discharge of any kind shall rise above the grade of the property. E. For the purposes of this Lease, "Costs" shall include but not be limited to, all response costs,disposal fees, investigatory costs,monitoring costs,civil or criminal penalties,and attorneys' fees and other litigation costs incurred in complying with Environmental Laws. F. To the extent allowed by law, TENANT agrees to defend, indemnify and hold harmless CITY from and against any and all claims, causes of action, demands and liability that are caused by or result from TENANT's activities on the Premises, including but not limited to any Costs, liabilities, damages, expenses, assessments, penalties, fines, losses, judgments and attorneys' fees associated with the removal or remediation of any Hazardous Substances that have been released or have the potential to be released on the Premises, including those that may have migrated from the Premises through water or soil to other properties, including without limitation, the adjacent CITY property, as a result of Sound Transit's activities on the Premises. G. To the extent allowed by law, TENANT further agrees to defend, indemnify and hold harmless CITY from any and all liability arising from the offsite disposal,handling,treatment, storage,or transportation of any Hazardous Substances or Existing Hazardous Substances removed from said property by TENANT or at TENANT'S discretion.This subsection applies to Hazardous Substances that were released on to the Premises as a result of TENANT's activities and the Existing Hazardous Substances that are disposed of offsite pursuant to subsection I below. This obligation shall not apply with respect to the presence of Hazardous Substances on said property that did not result from TENANT's use of the Premises except to the extent that TENANT arranges for the disposal of Existing Hazardous Substances offsite pursuant to subsection I below. H. To the extent allowed by law,CITY agrees to defend,indemnify,and hold harmless TENANT from and against any and all claims, causes of action, demands, and liability that are caused by or result from the removal or remediation of any CITY Hazardous Substances that have been released or have the potential to be released on the Premises, including, but not limited to, any Costs, liabilities, damages, expenses, assessments, penalties, fines, losses, judgments, and attorneys'fees associated with the presence of CITY Hazardous Substances on the Premises. CITY further agrees to take all remedial measures at the Premises as duly directed by a state, federal, or Lease for Parcel No.:R-55061.9004-A Page 4 of 12 local regulatory agency, or as required under applicable Environmental Laws, where such obligations result from CITY Hazardous Substances. In completing any work required on the Premises in satisfaction of its duties under this Subsection, CITY shall not unreasonably interfere with TENANT's use of the Premises. TENANT agrees to cooperate with CITY in providing access to the Premises for any such work. I. Any Costs associated with the investigation, removal, or remediation of Existing Hazardous Substances on the Premises by TENANT, including any increased construction costs, shall be the responsibility of TENANT and not the responsibility of CITY. Nothing in this Agreement shall limit the ability of TENANT or CITY to pursue cost recovery from third parties responsible for release of Hazardous Substances on the Premises. J. CITY will obtain TENANT's consent in instances when a third party seeks to use the Premises, except as otherwise provided in Sections 15 and 18 of this Lease, and CITY shall require the third party to indemnify TENANT for any Costs associated with the third party's release of Hazardous Substances from the Premises or use of Hazardous Substances on the Premises. If CITY allows a third party to use the Premises, the responsibility for any Costs for Existing Hazardous Substances or CITY Hazardous Substances that are not released by TENANT will be determined by applicable law. K. In the event of any third party actions related to Existing Hazardous Substances including private party actions or actions brought by public agencies, except as allowed in Section 11.G. each Party shall bear its own costs of defense and neither shall be entitled to indemnification or defense by the other Party under this section. L. The provisions of this section shall survive the expiration or termination of this Lease. 7. PERSONAL PROPERTY. CITY shall not be liable in any manner for or on account of any loss or damage sustained to any property of whatsoever kind stored,kept,or maintained on or about the Premises,except for such claims or losses which may be caused by CITY,its authorized agents, or employees. Upon termination of this Lease or upon abandonment of the Premises by TENANT, CITY or its agent may remove all personal property of TENANT's from the Premises at TENANT's expense and dispose of it in any manner CITY deems appropriate. TENANT agrees to reimburse CITY for any costs it incurs in such removal and disposal within thirty(30)calendar days of the date of CITY's invoice. 8. TENANT'S ACCEPTANCE OF PREMISES AND MAINTENANCE OBLIGATIONS. A. TENANT has examined the Premises, including the buildings and all furnishings, and accepts them in their present condition and state of repair as part of the consideration of this Lease for Parcel No.:R-55061.9004-A Page 5 of 12 Lease. TENANT agrees to maintain the Premises, including the land, driveways, parking areas, buildings, landscaping, furniture, fixtures, and appurtenances, in a neat, clean, and sanitary condition, and, where needed, provide for snow removal. TENANT shall perform or cause to be performed at TENANT's expense all routine maintenance and day-to-day upkeep of the Premises. B. Prior to the expiration or termination of this Lease,the Premises shall be cleared of all rubbish,debris,temporary structures,and equipment,and shall be left in a condition satisfactory to CITY.The cost to CITY for correcting damages caused by TENANT shall be paid by TENANT. Unpaid damage charges will be referred to a collection agency. 9. TAXES,ASSESSMENTS,AND UTILITIES. TENANT agrees to promptly pay all bills, fees for utilities, and other services supplied to the Premises. TENANT agrees to pay all excise and other taxes owing on TENANT'S leasehold interest. All assessments, rates, fees, and charges not specifically assumed by CITY and that benefit TENANT's leasehold interest, are the obligation of and payable by TENANT (Assessments). Foreclosure of a lien of any such delinquent Assessments subjects this Lease to termination by CITY as set forth in RCW 79.44.080. 10. CONSTRUCTION,REPAIR,ALTERATION. A. No new construction, repair, or improvement of the Premises is authorized or allowed by this Lease.Nothing in this Lease shall be deemed to make TENANT the agent of CITY for such unauthorized work. TENANT acknowledges that CITY may not,and shall not,be subject to claims or liens for labor or materials in connection with such activities by TENANT. B. TENANT shall at all times indemnify and hold CITY harmless from all claims for labor or materials in connection with construction, repair, alteration, or installation of structures, improvements,equipment,or facilities within the Premises,and from the cost of defending against such claims, including attorney fees. C. In the event a lien is filed upon the Premises,TENANT shall either: (1) record a valid Release of Lien; or (2) deposit sufficient cash with CITY to cover the amount of the claim on the lien in question and authorize payment to the extent of said deposit to any subsequent judgment holder that may arise as a matter of public record from litigation with regard to lien holder claim; or (3) procure and record a bond which releases the Premises from the claim of the lien and from any action brought to foreclose the lien. D. Should TENANT fail to accomplish 1, 2, or 3 above within fifteen(15)calendar days after the filing of such a lien,the Lease shall be in default. Lease for Parcel No.:R-55061.9004-A Page 6 of 12 11. CITY RIGHT OF ENTRY AND INSPECTION. CITY, for itself, its agents, and contractors,and for the Federal Highway Administration(FHWA),reserves the right to enter upon the Premises at any time without notice to TENANT for the purpose of inspection, maintenance, construction, or reconstruction of the highway facility or any element thereof, to perform audits, such as but not limited to Homeland Security, or to perform environmental audits as provided for elsewhere in this Lease. Any loss of the use of the Premises due to CITY's exercise of such right shall not be compensated.CITY shall in no way be responsible for any incidental or consequential damages due to such loss of use by TENANT. CITY and FHWA may enter upon the Premises at any time without prior notice for the purpose of inspecting any construction,or maintenance work being done by TENANT. In addition, CITY and the FHWA may enter the improvements, if any on the Leased Premises at any time and without prior notice, for the purpose of inspection, maintenance,and repair of said improvements.Entry upon the Premises for any other purpose by CITY and FHWA shall be conducted with reasonable notice to TENANT and during the hours of 8:00 a.m.to 5:00 p.m. 12. INSURANCE. A. At its sole expense,TENANT shall secure and maintain in effect a policy providing general liability insurance issued by an insurer licensed to conduct business in the state of Washington. The insurance policy shall provide liability coverage for any and all claims of bodily injury,property damage, and personal injury arising from TENANT's use of the Premises, which is the subject of this Lease. The insurance policy required by this section shall provide coverage as follows: if the Premises are to be used for commercial purposes,no less than$1,000,000 bodily injury and property damage limit of liability per occurrence, with a general aggregate limit of no less than $2,000,000 per policy period; and if the Premises are not to be used for commercial purposes, no less than $500,000 bodily injury and property damage or combined single limit of liability per occurrence, with a general aggregate limit of no less than $1,000,000. All per occurrence and aggregated limits required hereunder shall apply solely to the Premises which are the subject of this Lease. Coverage under all policies shall be triggered on an "occurrence basis", not a"claims made"basis. B. If the Premises are to be used for commercial purposes, the coverage required by this Section shall be at least as broad as that provided by the most current Commercial General Liability Policy form ISO(Insurance Services Office,Inc.)policy form CG 00 01 or its equivalent without modification.The use of an equivalent form shall require prior written approval by CITY. TENANT shall provide additional endorsements and/or increase the policy limits at its sole cost, when and if CITY deems it necessary, due to TENANT's use of the Premises, and/or increase in policy limits, within 10 calendar days of CITY's written request to do so. C. CITY shall be named as an additional insured by endorsement of the liability policy required by this section utilizing ISO Form 2026 (Additional Insured — Designated Person or Lease for Parcel No.:R-``06�.9004-A i2 -- '= ` �� Page 7 of 12 0771 � -lit �e4 c.l Organization)or its equivalent without modification.The endorsement shall require the insurer to provide WSDOT with not less than 30 calendar days written notice before any cancellation of the coverage required by this section. D. No changes whatsoever shall be initiated as to the coverage without prior written approval by CITY and written authorization by CITY to make any requested changes. E. Unless approved by CITY in advance and in writing,the liability coverage required by this Section shall not be subject to any deductible or self-insured retentions of liability greater than: $5,000 per occurrence if the Premises are to be used for commercial purposes,or: $1,000 per occurrence if the Premises are not used for commercial purposes. The payment of any such deductible or self-insured retention of liability amounts remains the sole responsibility of TENANT. F. TENANT assumes all obligations for premium payment, and in the event of nonpayment, is obligated to reimburse CITY the cost of maintaining the insurance coverage and any legal fees incurred in enforcing such reimbursement in the event TENANT fails to pay the policy premiums. G. Coverage, if obtained by TENANT in compliance with this Section, shall not be deemed as having relieved TENANT of any liability in excess of such coverage. All insurance provided by TENANT in compliance with this Lease shall be primary and non-contributory as to any other insurance or self-insurance programs afforded to or maintained by the CITY. All insurance coverage afforded or maintained by the CITY shall be excess over, and shall not contribute with, any insurance provided by the TENANT pursuant to this section. H. Any policy required under this section shall contain a waiver of subrogation against CITY,the State of Washington,its departments,agencies,boards and commissions and its officers, agents and employees for losses arising from the TENANT's use of the Premises. I. TENANT shall provide CITY with a certificate of insurance reflecting the insurance coverage required by this Section within 10 calendar days of the execution of this Lease. Such certificates shall also be provided upon renewal of said policies and changes in carriers. 13. CASUALTY. Should any CITY owned improvement located on the Premises be substantially damaged or totally destroyed by fire, lightning, earthquake, or any other casualty or peril, this Lease shall be deemed terminated immediately. Should fire, lightning, earthquake, or any other casualty or peril partially damage any improvements that are owned by CITY and subject to this Lease, CITY may elect to terminate this Lease. Lease for Parcel No.: R-55061.9004-A Page 8 of 12 14. HOLD HARMLESS/INDEMNIFICATION CLAUSE. A. TENANT,its successors,or assigns,will protect,save and hold harmless CITY,its authorized agents and employees, from all claims, actions, costs, damages, or expenses of any nature whatsoever by reason of the acts or omissions of TENANT, its assigns,agents,contractors, licensees, invitees,employees,or any person whomsoever arising out of or in connection with any acts or activities related to this Lease, whether those claims, actions, costs, damages, or expenses result from acts or activities occurring on or off the Premises. TENANT further agrees to defend CITY, its agents,or employees,in any litigation,including payment of any costs or attorney's fees, for any claims or actions commenced thereon arising out of or in connection with acts or activities related to this Lease, whether those claims, actions, costs, damages, or expenses result from acts or activities occurring on or off the Premises. This obligation shall not include such claims, costs, damages, or expenses which may be caused by the sole negligence of CITY, or its authorized agents, or employees; provided that, if the claims or damages are caused by or result from the concurrent negligence of (a) CITY, its agents, or employees, and (b) TENANT, its agents, or employees,or involves those actions covered by RCW 4.24.115,this indemnity provision shall be valid and enforceable only to the extent of the negligence of TENANT or TENANT's agents or employees. B. The provisions of this Section shall survive the termination of this Lease. . 15. NONDISCRIMINATION. TENANT, for itself, its successors, and assigns as a part of the consideration hereof, does hereby covenant and agree to comply with all civil rights and antidiscrimination requirements of chapter 49.60 RCW. 16. ASSIGNMENT. TENANT shall not assign, sublet, or transfer this Lease nor any rights created by it without CITY's prior written approval. In the event that TENANT allows others to use any portion of the Premises, whether by written or verbal agreement without CITY's prior written approval, CITY, in addition to or in lieu of terminating this Lease for default, and in addition to any damages it may experience,may demand a share of any revenue generated by such unauthorized use. CITY shall set the amount of said share and its decision shall be final and binding. CITY may demand such share at any time during the term of this Lease. TENANT shall pay said share to CITY within 30 calendar days of demand. TENANT agrees to pay said share retroactively to the date the unauthorized third party use of the Premises commenced. Furthermore, such unauthorized assignment shall not relieve TENANT hereunder from all of its obligations under this Lease, including but not limited to, payment of rent and maintenance of insurance. 17. MODIFICATIONS. This instrument contains all the agreements and conditions made between the parties hereto pertaining to the lease of the Premises herein described and may not be modified orally or in any manner other than by an agreement in writing signed by all parties Lease for Parcel No.:R-55061.9004-A Page 9 of 12 thereto. The receipt of Rent by CITY, with knowledge of any breach of this Lease by TENANT, or of any default on the part of TENANT in the observance or performance of any of the conditions or covenants or this Lease, shall not be deemed to be a waiver of any provision of this Lease. No failure on the part of CITY to enforce any covenant or provision herein contained, nor any waiver of any right thereunder by CITY,unless in writing, shall discharge or invalidate such covenant or provision or affect the right of CITY to enforce the same in the event of any subsequent breach or default. 18. TOTALITY OF AGREEMENT. It is understood that no guarantees, representations, promises, or statements expressed or implied have been made by CITY except to the extent that the same are expressed in this Lease. 19. BINDING CONTRACT. It is understood that this Lease shall not be valid and binding upon CITY unless and until accepted and approved by the City Manager or his/her duly authorized representative. 20. INTERPRETATION. This Lease shall be governed by and interpreted in accordance with the laws of the state of Washington. The titles to paragraphs or sections of this Lease are for convenience only and shall have no effect on the construction or interpretation of any part hereof. 21. SEVERABILITY. In case any one or more of the provisions contained in this Lease shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Lease shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. 22. VENUE. TENANT agrees that the venue of any action or suit concerning this Lease shall be in the Spokane County Superior Court, and all actions or suits thereon shall be brought therein, unless applicable law provides otherwise. 23. ATTORNEY FEES. In the event of any controversy, claim, or dispute arising out of this Lease, each party shall be solely responsible for the payment of its own legal expenses, including but not limited to, attorney's fees and costs. 24. NOTICES. Wherever in this Lease written notices are to be given or made, they will be served, personally delivered, or sent by certified or overnight mail addressed to the parties at the addresses listed below unless a different address has been designated in writing and delivered to the other party. TENANT agrees to accept service of process at said address; provided that, such address is located in the state of Washington.Otherwise,TENANT designates the Secretary of the State of Washington as an agent for the purpose of service of process. Such service shall be deemed personal services. Lease for Parcel No.: R-55061.9004-A Page 10 of 12 _ II � . I 1 ' - - • - ' • • '.t • Olt Pi';.$ 6N Is.: ss): �7 • . . . • -- Sp- ore yWA 66 ..I -' ; . -- - - - • "0 Bo e• ., 1 I E l8+ 2$ Tr Avenue - ;" Qus O ds,WA• 27-J4 O •.1` •.I .Spokane,fi ey,WA _ . • !..c04 „. ! . ( nwLi 1, i- /y 1-:- --.3-,---.'-',- . ' ---..---..:', 1.5.1-: ; -., , 1 ; r .-.....-- ,ll .7„ - L , g .CO»A4`fr 4F.IRIN T _-STM �W -.- G:` ON_ I - l; . _ • -c-v I�^ - •' •' - i , - i • •. ' Ou :ems _5 `. day• of-'. , •-f , .before me personally appeared : vJ � Et. iir� , • � , -: �:�.► . tq. Vie: known .� be tEie .. nk loth t � ' ,. a Wa gt kited L billity net • _ ::�!��- =ez�-e�rted -� 0 -: •,- �tedg�:said _� .t�:be�e :fie t and or said Littd Lia� , for 41*uses-and p�poses • - :at don- 'e cd they arc a i t exe s t • (SEAL), '-- b,r;�, .;,. , ,,,, ... - P .A Spy,, t:,° Uc in and' ' State of __p�eepp r� .S. • ' .N zic< •. .. .r.1 ion eRpues',' •to `3... 2 . y " .�'srpg.e • f 1 1c `�- -- , i.I Papt1 t1`2 _$ *fi= - i . . s CITY ACKNOWLEDGMENT STATE OF WASHINGTON ) ) ss SPOKANE COUNTY ) On this S day of -X-cA k Uar ,2020 before me personally appeared 4 p/G 4 l IA C/y ,2 �, to me known to be the duly appointed ( i Mar/ P ,and that' /1e executed the within and foregoing instrument and acknoedged the sainstrument to be the free and voluntary act and deed of said City of Spokane Valley, for the uses and purposes therein set forth, and on oath states thatA The is authorized to execute said instrument. IN WITN S WHEREOF, have hereunto set my hand and affixed my official seal the G day of f-e(¢/7 , 2020. r /1 K 1, ‘a�mil/ / /kiili y ', 'b / (Signature) "v 94683 1/ //;37 , &-sf 4 01 -1 U'�% i01B .'° 5 p = (Print or type name) zz/14 'OF"ASN0��`� Notary Public in and for t e State of Washington Mi 7,64, l WAS‘ residing at _j ,i.-‘.( I My commission expires �9 -‘2._ ' Lease for Parcel No.:R-55061.9004-A Page 12 of 12 EXHIBIT A REFERENCE:Parcel 55061.9004 All that portion of the hereinafter cescribed Tract"X"lying easterly of a line described as beginning a:a po:nt opposite H ghway Engineer's Station(hereinafter referred to as HES)82489.75 on the BR line survey of SR 290,Barker Road Intersection Vicinity and 4C.00 feet westerly therefrom;thence northerly to a point opposite HES BR 83+29.76 on said line survey and 40.00 feet westerly thereof;thence westerly,:o a point opposite HES BR 83-32-02 on said line survey and 135,00 feet westerly therefrom; thence northerly to a point on the BNSf Railroad Right-of-Way,said point being opposite HES BR 89+-44.36 on said line survey and 135.00 feet westerly therefrom;thence easterly,along said Railroad Right-of-Way,to a point opposite HES BR 89t76.66on said survey line and 30.00 feet westerly therefrom and the termirus of saic line. Tract"X". That portion of Government Lot 1,Section 6,Township 25 North,Range 45 Last,Wilamette Meridian, described as follows; Commencing at the southeast corner of Government Lot 1; Thence west along the south line thereof,12 rods; Thence north at right angles to county road; Thence northeasterly along the southerly bourdary of said county road to the east line of Government Lot 1; Thence south a ong the east line of said Government Lot 1 to the Point of Beginning; Lxcept any portion lying within the Northern Pacific.Railroad Right of Way; Lxcept Barker Road; Situate in the City of Spokane valley,County of Spokane,State of Washingtor. Tne lands herein described contain an area of 66,518.37 square feet,more or less,the specific details concerning all of wh ch are to be found on sheet 4 of that certain plan entitled SR 290, Barker Road Intersection Vicinity,now of record and on file in the office of the Secretary of'Transportation at Olympia,and bearing date of approval May 17,2019. ` f- 1.� Exhibit A Page 1 of 3 SECTION CORNER --31 32 T.25N/T.26N.RASE.W.M. FOUND 'a"I A.IRON ROD 89}53 96 t' P¢IM R=5929.65' - 89.76.66 0, L=32.85.-' (30.WLT) • I çV- seM�N� /9I� I 9i ' ¢Q" I : I 1.-H I -_ ? GON'T LOT 4 89M4.36 I SECS (135.0D LT.) — \ \ it Ari 135.W a r � - 1 o � i o , /I a 1 GOV'TL.OT1 / >E9 SEC.6 I____ ____t--- ---- o F- AREA 66,5.8.37 SOFT. I /I 2 0 -- -105100 e af.4.- 1 -- NI =— i I 1 ay) (:assI .rnn uc /� �-t---mot-------t- 1/ ai a r I\ >1 I L&MI IIlT 1 / /b 1 1, A A p 83429. - * 9 (�.Dd L .) I 83.3202 r 83+30.12 ('35.00 LT.} (55.00 LT\ /I TEMPORARY CONSTRUCTION 1,,' — EASEMENT 603.17 SOFT. - r� 40 I-1 I -PA-- - - I fI A Ii !p f?•7497 PT -4is I I t _ 82.90.11 '82*8•.7S -','.I (55.00'LT.) (40.00 LT.),1 I 11. 82489.51 QUARTER CODER (30.07 LT.) ; FOUND RAILROAD SIIKE Exhibit A Page 2 of 3 ft to. •_ s ;,. - -II • i 6 tomi . - ' k N -... — ..1 ... i • ... . . . ' F • J. •, m , . 110 i. 1 1 `I: ' . ' 1 L' . a . , . .„ . - .- ..• 4.' . .11121 I ! ,:,„ • -..i p hi' • , . .... I .cip: „„, 1 . • A. , g ".1......„... Ir.i i 14/ , r*• if..4 . .' . i f i il •re.'AO'i, *V"`. . . , . . di I 4 , - *I . k N , _ c i 1 o r 1.a • .igt.•g ' i I ''' • I N t . .-. — I .- , , , .i. .J.-: 46. • • — '.• '•it r..."41' •'.. • 1 i it$ •• • :1..."•• -.1.4. J" • ' , 1 * :-•-'-"'.1 i. E.".'t. . i • •_-L.,...L.-..v../ ---%;,_,RIPP‘„ , 1 link ''':. , '- • t . .74! le • ''.1r,r • - . . . • • . ,,V- ,,,,, . . •' 41.• -,' 4/1. .•e".- .., ti - 6 ./... ., . -; ,. =. -' . . I . - . ...Z. t Exhibit A Page 3 of 3 • ��..140 JOVILLC-01 DSWANSON Y) 4114, 2/12/2o20 CERTIFICATE OF LIABILITY INSURANCE DATE(MMID `—� THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Darcy Swanson NAME: Inland Insurance,Inc. PHONE FAX 9016 E Indiana,Suite A (a/c,No,Ext):(509)456-2648 (A/C,No):(509)456-3432 Spokane Valley,WA 99212 no Amass:darcy.swanson@inlandins.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Ohio Security Ins Co 24082 INSURED INSURER B: Jovi LLC INSURER C: PO Box 490 INSURER D: Otis Orchards,WA 99027 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD IMM/DD/YYYY) IMM/DD/YYYYI A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR X BKS57957296 5/11/2019 5/11/2020 pR MISES(Ea occu Dnce) $ 1,000,000 MED EXP(Any one person) $ 15,000 PERSONAL&ADVINJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY PRO- JECT LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ ID AUTOMOBILE LIABILITY (Ea accid nt)S INGLE LIMIT $ ANY AUTO BODILY INJURYIPer person) $ OWNED SCHEDULED _AUTOS ONLY _ AUTOS BODILYR INJURYp (Per accident)_ $ _AUTOS ONLY _ NON-OWNEDUUTO NL (Perr acEciRdent)AMAGE $ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DEC RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER FFICER/M In BENH EXCLUDED? N/A (MandatorIf yes,describe under E.L.DISEASE-EA EMPLOYEE $ DESCRIPTION OF OPERATIONS below EL DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) The certificate holder is named as additional insured per form CG2026 0413 as required by written contract.30 days written notice of cancellation applies. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Spokane Valle THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN y p y ACCORDANCE WITH THE POLICY PROVISIONS. Community&Public Works Departments 10210 E Sprague Ave Spokane,WA 99206 AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD