7285398 Agreement: Non-Exclusive License: Mission Ave Monument Sign 05/19/2023 03:08:31 PM 7285398
Recording Fee $208.50 Page 1 of 6
Agreement SPOKANE, COUNTY TITLE COMPANY
Spokane County Washington
11111111E 11111111111111111111 IW IIIIII 1111111114
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City Clerk
City of Spokane Valley
10210 East Sprague
Spokane Valley, WA 99206
( •
)P3V Io• SPACE ABOVE FOR RECORDING ONLY
Document Title: Non-Exclusive License Agreement s Z 3 c e 3
Grantor(s): City of Spokane Valley, a Municipal Corporation
Grantee: Wolff'Pace, LLC
12209 E. Mission Ave.
Spokane Valley, WA 99206
Legal Description: PIN OF BLKS 352 OF SE1/4 EXC RD R/W SE COR SD TR 1
Assessor's Tax t S53, cP Pbr 4-un
Parcel Number: 45094.0136
Reference Number: N/A
NON-EXCLUSIVE LICENSE AGREEMENT
For mutually valuable consideration accruing to both parties, the City of Spokane Valley
("City") hereby grants to Wolff Place LLC, a limited liability company ("Grantee"), a non-
exclusive License to use the City property ("Premises")described in SECTION 1,below.
SECTION 1 —DESCRIPTION
The Premises subject to this License is that portion of property along Mission Avenue
where the base of the existing monument sign encroaches into the public right of way. The area
is approximately 3.1 square feet and is shown on Exhibit 1, which is attached hereto and
incorporated by reference herein.
The legal description for the subject property is as follows:
THAT PORTION OF TRACT 352, OPPORTUNITY, AS PER PLAT RECORDED IN
VOLUME "K" OF PLATS, PAGES 20, 22 AND 23, RECORDS OF SPOKANE
COUNTY. cekk. J f"A"
SECTION 2 - PURPOSE
The City hereby grants to Grantee a License to use the Premises for the purpose of the
existing monument sign to remain and be maintained or be replaced with a similar sign of the same
dimensions in the same location. No other uses are permitted under this License.
SECTION 3 - TERM
This License shall be for twenty-five (25) years.
SECTION 4 - CONDITIONS
A. Any improvement proposed for construction and/or operation in the Premises shall be
subject to review and approval as if it were an improvement subject to all applicable permitting
requirements by the City, whether it actually is or not. In the event the concrete/masonry
base/foundation is substantially damaged or destroyed for whatever reason, Grantee would be
required to relocate the sign outside of public right-of-way. In that event, this License would
terminate upon removal of the sign and base. Grantee may revise or replace the monument sign
above the base so long as it is allowed by the then-current Spokane Valley Municipal Code
requirements and does not result in any expansion of the space occupied by the current base.
B. Upon termination as set forth in Section 7 or expiration of the Term in Section 3,
Grantee shall cease using the Premises for any purpose. Further, upon termination, all
improvements shall be removed within the time period specified in the notice of termination at the
expense of Grantee.
C. Grantee shall only utilize the property subject to this License, and may not expand the
nature or scope of this License without prior written approval of the City.
D. Grantee shall be solely responsible for all business operations and maintenance and
repair of improvements placed on the Premises.
E. Grantee shall use the Premises in a manner that does not violate any applicable laws
and regulations of any state, federal, or municipal entity.
F. Grantee shall pay the City a sum of $64 ("License Fee"). The fee shall be paid
concurrently with execution of this License.
SECTION 5 —LIABILITY AND INDEMNIFICATION
Grantee shall defend, indemnify and hold the City, its officers, officials, employees and
volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney
fees, arising out of or in connection with activities or operations performed by Grantee or on its
behalf out of issuance of this License, except for injuries and damages caused by the sole
negligence or willful misconduct of the City.
Should a court of competent jurisdiction determine that RCW 4.24.115 applies to this
License, then Grantee agrees to defend, indemnify and hold the City, its officers, officials,
employees and volunteers harmless to the maximum extent permitted thereunder. It is further
specifically and expressly understood that the indemnification provided herein constitutes
Grantee's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes
of this indemnification. This waiver has been mutually negotiated by the parties. The provisions
of this section shall survive the expiration or termination of this License.
SECTION 6—
MODIFICATION
No modification of this License may be made without prior written approval of the City.
Upon such an event,Grantee shall be given reasonable notice of the modification and a reasonable
time to comply with the new terms and/or provide the City with written notice of termination
pursuant to Section 7,below.
SECTION 7—TERMINATION
The Parties may agree to terminate this License upon mutually agreeable terms.
DATED this t 7 rg day of A-P/2/ ,2023.
GRANTOR:
ATTES
City of Spokane Valley
'stine Bainbridge, City Clerk
hn Hohman, City Manager
APPROVED AS TO FORM:
e i Attorney
GRANTEE:
ACCEPTANCE OF LICENSE AGREEMENT
Date: 2023
By: fie
James Wolff
By: t i LA-2 k.)(9-e-f--
r kie Wolff
STATE OF WASHINGTON )
: ss
County of Spokane )
On this 2-9 day of 111 (ivl. 2023,before me personally appeared
James Wolff and Jackie Wolff,to me known to be Managing Members of Wolff Place,
LLC, a Washington Limited Liability Company that executed the foregoing instrument,
and acknowledged said instrument to be the free and voluntary act and deed of said
Limited Liability Company, for the uses and purposes therein mentioned, and on oath
stated that(he/she/they) is authorized to execute s d instrument.
Notary Public
State of Washington No ublic in and for e State of
JANE G BITZ Washington,residing at Li.b.e oti Let la wA-
LICENSE O EX Mycommission expires O I-/U -Z o Z£
814
MY COMMISSION EXPIRES p
JANUARY 10,2026
. .
EXHIBIT 1
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1
EXISTING --\\
I PARKING LOT
,
EXISTING PROPOSED ROW
MONUMENT SIGN LINE
/---- LICENSE AGREEMENT
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i ROW LINE
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SIDEWALK
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. _________
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PROPOSED
MISSION AVENUE cuRs
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I NON-EXCLUSIVE LICENSE AGREEMENT
PARCEL #45094. (1'136
SCALE rz-6.
PINES i MISSION
SINstdiAsii4arie INTERSECTION EXHIBIT 1
IMPROVEMENTS
40000111V Ilka 1
leV PROJECT NO CIP No. 300 SCALE 1" =6
DRAWN BY: LXHE 09/30/22 CHECKED BY KMG 09/30/22
PARCEL B:
THAT PORTION OF TRACTS 352 AND 353, OPPORTUNITY,AS PER PLAT RECORDED IN VOLUME "K" OF
PLATS, PAGES 20, 22 AND 23, RECORDS OF SPOKANE COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID TRACT 352;
THENCE EAST, ALONG THE SOUTH LINE OF SAID TRACT 352,25.51 FEET TO THE TRUE POINT OF
BEGINNING OF THIS DESCRIPTION;
THENCE NORTH 00°00'28" EAST, 72.00 FEET;
THENCE WEST 40.80 FEET;
THENCE NORTH 00°00°28" EAST,224.81 FEET,TO A POINT ON THE SOUTHERLY MARGIN OF STATE
HIGHWAY SR 90, SAID POINT BEING ON A CURVE TO THE LEFT THE RADIUS OF WHICH BEARS NORTH
19°17'58" EAST,A DISTANCE OF 766.20 FEET;
THENCE ALONG THE SOUTHERLY MARGIN OF SR 90 AND SAID CURVE TO THE LEFT,THROUGH A
CENTRAL ANGLE OF 13°10'59"AN ARC DISTANCE OF 176.29 FEET;
THENCE SOUTH 00°00'28"WEST, 258.12 FEET,TO THE SOUTH LINE OF SAID TRACT 352;
THENCE WEST ALONG THE SOUTH LINE OF SAID TRACT 352, 130.80 FEET TO THE TRUE POINT OF
BEGINNING;
EXCEPT THE SOUTH 2.00 FEET FOR MISSION AVENUE;
ALSO KNOWN AS PARCEL 2 OF THAT CERTAIN SURVEY RECORDED NOVEMBER 03, 1994, UNDER
AUDITOR'S FILE NO. 9411030186 IN BOOK 62 OF SURVEYS, PAGE 83, RECORDS OF SPOKANE COUNTY;
SITUATE IN THE CITY OF SPOKANE VALLEY,COUNTY OF SPOKANE, STATE OF WASHINGTON.