20-211.00 PDC Seattle LPIV BB/TH: License Agreement Garland Ave 2n( i
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City Clerk
City of Spokane Valley
10210 East Sprague
Spokane Valley,WA 99206
SPACE ABOVE FOR RECORDING ONLY
Document Title: License Agreement
Grantor(s): City of Spokane Valley,a Municipal Corporation
Grantee: PDC Seattle LPIV BB/TH,LLC, 1821 Dock Street, Suite 100,Tacoma,
WA 98402;
Legal Description: Portion of Garland Avenue between the east side of Tschirley Road and 1300 feet
west of Barker Road, Sec. 6,T. 25 N.,R.45 E.,W.M.
Additional Legal
Description:
Assessor's Tax
Parcel Numbers: Garland ROW north of 55065.1409 through 55065.1413
Reference Number: SV BSP 2019-0001
LICENSE AGREEMENT
For mutually valuable consideration accruing to both parties, the City of Spokane Valley ("City"
or "Spokane Valley") hereby grants to PDC Seattle LPIV BB/TH, LLC ("PDC Seattle"), a license
("License")to use the City property("Premises")described in SECTION 1,below.
SECTION 1 —DESCRIPTION
The Premises subject to this License is the Garland Avenue right-of-way bounded by the east edge
of Tschirley Road, and on the east as that point approximately 1,280 feet from west edge of Barker Road
where Barker Road coincides with the westerly edge of parcel numbers 55061.9066 and 55064.1414. This
portion of Garland Avenue lies immediately north of the northern property line of parcels 55065.1409,
55065.1410,55065.1411,55065.1412,and 55065.1413,and south of tax parcels 55062.1404,55062.1405,
55065.1406, 55061.1407,and 55061.1408,measuring approximately 60 feet wide by 2,660 feet long. See
Attachment A.
The legal description for the subject property is as follows:
Page 1 of 4
RIGHT OF WAY DESCRIPTION
THAT PORTION OF GARLAND AVENUE,AS DEEDED TO THE CITY OF
SPOKANE VALLEY BY INSTRUMENT RECORDED UNDER AUDITOR'S FILE
NUMBER 6838254, LYING EASTERLY OF THE EASTERLY MARGIN OF
TSHIRLEY ROAD,BEING A 60 FOOT WIDE RIGHT OF WAY AS DEEDED TO
THE CITY OF SPOKANE VALLEY BY INSTRUMENT RECORDED UNDER
AUDITOR'S FILE NUMBER 6838254,AND WESTERLY OF THE WEST LINE OF
THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 6,TOWNSHIP 25
NORTH,RANGE 45 EAST OF THE WILLAMETTE MERIDIAN,ALL LOCATED IN
THE CITY OF SPOKANE VALLEY, COUNTY OF SPOKANE, STATE OF
WASHINGTON.
SECTION 2-PURPOSE
The City hereby grants to PDC Seattle a License to use the Premises for the purpose of development
of adjacent property,which is more particularly described as SECTION 4,Spokane County parcel numbers
55065.1409, 55065.1410, 55065.1411, 55065.1412, 55065.1413, 55062.1404, 55062.1405, 55065.1406,
55061.1407,and 55061.1408.
SECTION 3 -TERM
This License shall commence upon execution,as shown by the last signatory to date and sign this
License,and shall run until May 15,2021, except the conditions set forth in SECTION 4 shall not expire
until such time as the City provides to PDC Seattle a letter of completion of all terms of this License,which
letter of completion shall be provided by the City on or before 30 days after construction or replacement of
Garland Avenue, as set forth below("Letter of Completion"). This License is subject to the rights of any
other person or entity with any pre-existing interest in the subject property,including utility providers.
SECTION 4-CONDITIONS
A. PDC Seattle may use this area for any lawful purposes it deems necessary and appropriate,
including removal of the road section in its entirety.
B. PDC Seattle shall dedicate appropriate land through a future right-of-way deed for the
reconstruction of any portion of Garland Avenue that is removed pursuant to this License.
C.PDC Seattle shall replace that portion of Garland Avenue that is removed by constructing a new
road section pursuant to applicable Spokane Valley development and street standards including warranty
requirements,to be completed no later than May 15,2021. If PDC Seattle's project does not move forward,
or if the conditions of any street vacation ordinance that may be passed by City Council are not fully
complied with,Garland Avenue shall be restored to the configuration and condition as existed at the time
this License was executed by May 15,2021.
D. PDC Seattle shall either provide cash to be held by the City,an irrevocable letter of credit,or a
savings assignment in the amount of$2,004,977.00 in US funds from a banking institution using a form
provided by Spokane Valley and reasonably acceptable to PDC Seattle to secure the construction or
replacement of that portion of Garland Avenue. Upon 15 days' revocable notice to Spokane Valley,PDC
Seattle may replace such letter of credit with a cash deposit in the amount of the balance then remaining on
the letter for credit to be held for the benefit of Spokane Valley and PDC Seattle. Upon delivery of the
Page 2 of 4
Letter of Completion, (a) any rights of Spokane Valley in and to the letter of credit hereunder shall
terminate, and (b) Spokane Valley shall promptly return all then outstanding letter(s) of credit to PDC
Seattle or,at the request of PDC Seattle to the financial institution(s)issuing the same, for cancellation (or
if a cash deposit has been made,return of the cash deposit to PDC Seattle).
E. PDC Seattle shall use the Premises in a manner that does not violate any applicable laws and
regulations of any state,federal,or municipal entity.
SECTION 5—LIABILITY AND INDEMNIFICATION
PDC Seattle shall indemnify and hold City,its officers,employees,agents and volunteers harmless
from and against any and all claims, demands, orders, decrees or judgments for injuries, death or damage
to any person or property arising or resulting from a negligent act or omission on the part of PDC Seattle
or its agents,employees or volunteers in the use of this License. In the event that any suit based upon such
a claim, action, loss, or damage is brought against the City's officers, agents or employees, PDC Seattle
shall defend the same at its sole cost and expense;and if final judgment be rendered is rendered against the
City,its officers,agents or employees,then PDC Seattle shall satisfy the same.
SECTION 6—MODIFICATION
No modification of the License can be made without prior written approval of each party to this
License.
SECTION 7—TERMINATION
The Parties may agree to terminate this License upon mutually agreeable terms. This License shall
automatically terminate without requirement of any written termination by the parties to this License upon
dedication and construction or restoration of Garland Avenue as contemplated in Section 4(B) of this
License. p 1
DATED this z I day of VGi� ,2020.
GRANTOR:
City of Sp kane Valleyeditirt---
By: AL
Mark Calhoun,City Manag
Page 3 of 4
GRANTEE: PDC SEATTLE LPIV BB/TH,LLC:
ACCE ENSE AGREEMENT
Sighaire
By: f t4
Lort-,/ V
Title and entity signing on behalf of
STATE OF WASHINGTON )
)ss.
County of KA n� ) 11 II
QI
I certify that I know or have satisfactory evidence that q`�JA 5 14C -Q
is the individual who appeared before me,and said individual acknowledged that he signed this instrument,
and acknowledged it as his free and voluntary act,for the uses and purposes mentioned in the instrument.
DATED this a-1!lo day of 0 d'c O -( ,2020.
V IA S //�i Notary Putflic for the State of Washington
�l ..........�
�.•.\ggion �%. Residing at VR-1^`�' 1WA
'N; My commission expires O9 ( fo
WAR `
F OF i'WP$''
Page 4 of 4
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-- Attachment A-License Agreement °b5-o,;
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Resolution No.20-015 Initiating STV and Setting Public Hearing Date and Time. Page 1 of 1