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23-058.00 Beckstead Commercial Inspections: 13615 E Trent Property Inspection 2P6g Beckstead Commercial Inspections Agreement Inspection Company: Beckstead Commercial Client Name: John Hohman, City Manager City of Spokane Valley Property Address: 13615 E Trent Ave, Spokane Valley, WA 99216 A fee of Commercial multi-family inspection ($1900.00), Extended thermal imaging for air leakage and insulation (all buildings) ($400.00), Radon in two locations (basement of SW building and at NE building area) ($300.00) will be payable prior to the inspection taking place at the above address on INSPECTION DATE 02/13/2023 (Please read carefully - This is a legally binding agreement that limits our liability) CLIENT AND INSPECTOR agree to the following terms and conditions: (There is a$100 cancellation/administration fee if inspection is paid for and inspection is not rescheduled. There is no fee if inspection is rescheduled.) We make no representation as to the condition of this property other than stated specifically in writing in the text of the narrative report. The opinions and statements said before, during or after the inspection may change upon further review on the written report. 1. Permission to Access Subject Property: The Client warrants that permission has been secured for the Company to enter and inspect the Subject Property. 2. Standards of Practice:The scope of this inspection is defined and limited by the standards, limitations, exceptions and exclusions as contained in International Standards of Practice for Inspecting Commercial Properties (ComSOP) of the Certified Commercial Property Inspectors Association ("CCPIA"), posted at www.ccpia.org/comsop. A person licensed under these provisions is responsible for performing a visual and noninvasive inspection of the following readily accessible systems and components of a building and reporting on the general condition of those systems and components at the time of the inspection in his written report: the roof, foundation, exterior, heating system, air conditioning system, structure, plumbing and electrical systems, and other aspects of the commercial property as may be identified by the ComSOP. The inspection does not include investigation of mold, asbestos, lead paint, water, soil, air quality or other environmental issues unless agreed to in writing in this Pre-Inspection Agreement. 3. Definitions and Purpose of the Inspection and subsequent report: Commercial inspection means a professional examination of the current condition of a building. Readily accessible means available for visual inspection without requiring moving personal property, dismantling, destructive measures, or any action that likely will involve risk to persons or property. Technically exhaustive is an investigation that involves dismantling, the extensive use of advanced techniques, measurements, instruments, testing, calculations or other means. The purpose of an inspection is to assess the condition of the building at the time of the inspection using visual observations, simple tools and normal operational controls; and to report deficiencies of specific systems and components. Inspectors must perform all inspections in compliance with the ComSOP. A commercial inspection is not technically exhaustive and does not identify concealed conditions or latent defects. 4. Inspection Exclusions: Inspectors are not required to: (1) Determine the condition of any system or component that is not readily accessible; the remaining service life of any system or component; the strength, adequacy, effectiveness or efficiency of any system or component; causes of any condition or deficiency; methods, materials, or cost of corrections; future conditions including, but not limited to, failure of systems and components. (2) Comment on the suitability of the structure or property for any specialized use, compliance with codes, regulations, laws or ordinances. (3) Report the presence of potentially hazardous plants or animals including, but not limited to, wood destroying insects or diseases harmful to humans; the presence of any environmental hazards including, but not limited to mold, toxins, carcinogens, noise, and contaminants in soil, water or air; the effectiveness of any system installed or methods utilized to control or remove suspected hazardous substances. (4) Determine the operating costs of any systems or components. (5) Determine the acoustical properties of any systems or components. (6) Operate any system or component that is shut down, not connected or is otherwise inoperable. (7) Operate any system or component that does not respond to normal user controls. (8) Operate any circuit breakers, water, gas or oil shutoff valves. (9) Offer or perform any act or service contrary to law. (10) Offer or perform engineering services or work in any trade or professional service other than inspection. (11) Offer or provide warranties or guarantees of any kind unless clearly explained and agreed to by both parties in a pre-inspection agreement. (12) Determine the existence of or inspect any underground items including, but not limited to, underground storage tanks or sprinkler systems. (13) Inspect decorative items, or systems or components that are in areas not entered in accordance with the ComSOP. (14) Perform any procedure or operation that will, in the opinion of the inspector, likely be dangerous to the inspector or others or damage the property, its systems or components. (15) Move personal property, furniture, equipment, plants, soil, snow, ice or debris. (16) Dismantle any system or component, except as explicitly required by the ComSOP. (17) Enter flooded crawlspaces, attics that are not readily accessible, or any area that will, in the opinion of the inspector, likely be dangerous to the inspector or other persons or damage the property, its systems or components. (18) Inspect or comment on the condition or serviceability of elevators or related equipment. (19) Inspect or comment on the condition or serviceability of swimming pools, hot tubs, saunas, sports courts or other similar equipment or related equipment. The Company IS NOT REQUIRED TO DETERMINE whether any system or component of the Subject Property has been affected by the illegal manufacture, distribution, storage, possession or sale of any illicit drugs, products or by-products, including, but not limited to, methamphetamines, and including any and all chemicals, tools, household fixtures or appliances used to facilitate such illegal activities. The Company IS NOT RESPONSIBLE FOR DETECTING, IDENTIFYING, DISCLOSING OR REPORTING the presence of any actual or potential environmental concerns or hazards in the air, water, soil or building materials. Such environmental concerns and hazards include, but are not limited to: (1) asbestos; (2) radon; (3) oil, gasoline or any other petroleum product; (4) lead; (5) urea formaldehyde; (6) mold; (7) mildew; (8) fungus; (9) odors; (10) noise; (11) toxic or flammable chemicals; (12) water or air quality; (13) PCBs or other toxins; (14) electromagnetic fields; (15) underground storage tanks; (16) proximity to toxic waste sites or sites being monitored by any state or federal agency; (17) carbon monoxide; (18) the presence of or any hazards associated with the use or placement of Chinese drywall at the Subject Property; or any other environmental or health hazards, unless otherwise agreed to and an additional fee paid. The Company IS NOT REQUIRED TO INSPECT: (1) timers; (2) clocks; (3) thermostats; (4) safety devices;(5) lawn sprinklers; (6) detached structures; (7) fencing; (8) low voltage wiring or components; (9) radiant heat system performance; (10) security systems; (11) solar water heating components; (12) appliances, (13) freezers or similar storage compartments; (14) elevators, dumbwaiters and/or lifts of any type; (15) fire protection systems including sprinklers, hoods, ducts, air filtration systems and standpipes; and (16) acoustical properties and/or soundproofing. (17) Turning on equipment in the cooking area. 5. Appliances: Testing and inspecting built-in or free-standing appliances are not covered in the ComSOP. The limitation of time does not allow an inspector to fully diagnose deficiencies a appliance may have. This inspector disclaims all appliances at the time of inspection. If they were partially inspected, the photos and wording will be on the report. This inspector is not responsible for any appliance that is not working correctly, before, during or after inspection. Any connections from appliances to the building, such as plumbing, will be inspected if they can be seen without moving the appliance. Whirlpool Bath equipment and jets are not turned on or inspected. Garage door auto-reverse function is not inspected (I do test the Infrared Sensors). This company is not a licensed HVAC or furnace professional. All furnaces and AC units should be fully cleaned and inspected by an HVAC professional. Beckstead Commercial is not responsible for any HVAC failures. 6. BINDING ARBITRATION PROVISION. PLEASE READ CAREFULLY:Any dispute, controversy, interpretation, or claim, including claims for, but not limited to, breach of contract, any form of negligence, fraud or misrepresentation, and/or any violation of any law, statute, regulation, ordinance, or any other theory of liability arising out of, from or related to this Pre- Inspection Agreement or arising out of, from or related to the inspection or the report shall be submitted to final and binding arbitration as conducted by and according to the Rules and Procedures of Construction Dispute Resolution Services, LLC. The decision of the arbitrator appointed by Construction Dispute Resolution Services, LLC shall be final and binding and judgment on the decision may be entered in any Court of competent jurisdiction. All proceedings must be held in the state where the inspection was performed. NOTICE: YOU AND WE WOULD HAVE A RIGHT OR OPPORTUNITY TO LITIGATE DISPUTES THROUGH A COURT AND HAVE A JUDGE OR JURY DECIDE THE DISPUTES BUT HAVE AGREED INSTEAD TO RESOLVE DISPUTES THROUGH BINDING ARBITRATION. 7. Disclaimer of Warranty:The Client understands that the inspection and report do not, in any way, constitute a guarantee, warranty of merchantability or fitness for a particular purpose, express or implied warranty, or an insurance policy. Additionally, neither the inspection nor inspection report is a substitute for any real estate transfer disclosures that may be required by law. 8. Notice of Claims: The Client agrees that any claim for failure of the Company to fulfill its obligations under this Agreement shall be made in writing to the Company upon discovery. The Client also agrees to allow the Company ten (10) days to come to the Subject Property to inspect and evaluate any condition complained of by the Client to the Company and not to make, or allow others to make, any alteration to the claimed condition until the Company has had the opportunity to inspect and evaluate the claimed condition, except in case of emergency. 9. Choice of Law:This Pre-Inspection Agreement shall be governed by the ComSOP. If any portion of this Agreement is found to be invalid or unenforceable by any court or arbitrator the remaining terms shall remain in force between the parties. 10. LIMITATION OF LIABILITY. PLEASE READ CAREFULLY:The Client understands and agrees that the Company is not an insurer and that the payment for the inspection and report is based solely on the value of the service provided by the Company in the performance of the limited visual inspection and production of the report as described herein. Thus, the Client agrees that the sole and exclusive remedy for any claims against the Company, including claims for, but not limited to, breach of contract, negligence, fraud or misrepresentation, and/or any violation of any law, statute, regulation, ordinance, or any other theory of liability arising out of, from or related to this Agreement or arising out of, from or related to the inspection or the report, is limited to an amount equal to the inspection fee, as liquidated damages and not as a penalty. The Client releases the Company from any and all additional liability, whether based on contract, tort, or any other legal theory. The Client understands that he/she/they is/are free to consult with another professional if the Client does not agree to this provision. 11. LIMITATION ON TIME TO BRING LEGAL ACTION. PLEASE READ CAREFULLY:Any legal action, including claims for, but not limited to, breach of contract, negligence, fraud or misrepresentation, and/or any violation of any law, statute, ordinance, regulation or code, or any other theory of liability arising out of, from or related to this Agreement or arising out of, from or related to the inspection or report must be brought within one (1) year from the date of the inspection, regardless of when the Client first discovers the facts supporting such possible claims as identified herein. Failure to bring said action within one (1) year of the date of the inspection shall be a complete bar to any such action and a full and complete waiver of any rights, actions or causes of action that may have arisen from the inspection and/or inspection report. This time period may be shorter than otherwise provided by State law. 12. Responsibility for Return Inspections:The Client understands that if any systems and/or components of the Subject Property cannot be inspected due to unforeseen circumstances during the inspection it is the Clients duty to contact the Company should the Client desire the Company to return to the Subject Property at a later date or time to inspect those systems and/ or components. Any systems and/or components not inspected due to unforeseen circumstances will be identified in the report. If Client desires the Company to return at a later date or time the Client hereby agrees that the Company will charge the Client an additional fee to conduct the return inspection. 13. Entire Agreement: This Pre-Inspection Agreement and any subsequent report issued to the Client by the Company represent the entire agreement between the parties. No oral agreements, understandings, or representations shall change, modify or amend any part of this Agreement. No change or modification shall be enforceable against any party unless such change or modification is in writing and signed by the parties and supported by valid consideration. This Agreement shall be binding upon and inure to the parties hereto and their spouses, heirs, executors, administrators, successors, assigns, and representatives of any kind whatsoever. The inspection is being performed for the exclusive use and benefit of the Client. The inspection, including the written report, is not to be transferred to, utilized or relied upon by any other person or entity without prior written permission of the Company. 14. Clients Agreement & Understanding of Terms: By signing this Agreement, the undersigned Client agrees that he/she/l/they have read, understand, and agree to all of the terms and conditions on all pages of this Agreement, including the provisions for arbitration, and limitations and exclusions, and agree to pay the fee shown according to the terms above. The Client understands that the Client has a right to have an attorney of the Clients choice review this Agreement before signing it. The Client understands that if the Client does not agree with any of the terms, conditions, limitations and/or exclusions set forth in this Agreement, the Client is free to not sign it. The Client understands that the Client may retain another provider to perform the services contemplated by this Agreement. The Client further understands that, should the Client not agree to the terms and conditions set forth in this Agreement, the Client may negotiate with the Company for different terms and conditions. I hereby acknowledge receipt, reading and full understanding of this agreement. "Electronic Signature. Your acceptance and execution of this Agreement shall be made by electronic acknowledgment, and you agree that your electronic acknowledgment of this Agreement shall be considered the equivalent of your written signature." Beckstead Commercial Date 02/08/2023 Client John Hohman, City Manager City of Spokane Valley Date z -c- z 3