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23-146.00 FW Holdings LLC dba Splash Down WaterparkLEASE AGREEMENT- F.W. Holdings, LLC. This Agreement is between the City of Spokane Valley, a municipality of the State of Washington, with an address of 10210 East Sprague Avenue, Spokane Valley, Washington, 99206, hereinafter referred to as the "City," and F.W. Holdings, LLC having offices with an address of 6122 E Valleyview Drive, Spokane Valley, Washington, 99212, d.b.a. Splash Down Waterpark hereinafter referred to as "Splashdown," jointly, hereinafter referred to along with the City as the "Parties." WITNESSETH: WHEREAS, pursuant to RCW 35A.11.020, a city may lease real property, buildings, or facilities in the rendering of recreational services; and WHEREAS, the City is the owner of Valley Mission Park, located at 11123 East Mission, Spokane Valley, Washington; and WHEREAS, the City (and Spokane County prior to that) previously leased a portion of Valley Mission Park to Splashdown for the purpose of operating a water slide facility for use by the public; and WHEREAS, F.W. Holdings, LLC purchased the structural improvements constructed on the aforementioned leased portion of Valley Mission Park from the prior lessee, New Splash Down Concessions, Inc., on or about May 17', 2023, and intends to continue using the leased premises to operate a family -oriented water park; and WHEREAS, F.W. Holdings, LLC is a Limited Liability Corporation owned and operated by Brandin Olson, 6122 E Valleyview Drive, Spokane Valley; and WHEREAS, the prior lease of the sa7,4remises bet�een the City and New Splash Down Concessions, Inc. terminated no later than v) ,A, VA , 2023; and WHEREAS, Splashdown, under its new ownership, desires to enter into a new lease agreement with the City; and WHEREAS, the City desires to have Splashdown continue to provide recreational amenities to the residents of the City and has no other current use for the property at issue. NOW, THEREFORE, in consideration of the mutual promises set forth herein, the Parties mutually agree as follows: Section 1. Subject and Purpose. - The City leases to Splashdown, subject to the terms and conditions herein contained, certain real property in Valley Mission Park located at 11123 East Mission, Spokane Valley, Washington, and more particularly described as follows: That portion of Blocks 72, 75, 76 lying South of State Highway and Blocks 78, 79, 81 and 82 all in Pinecroft First Addition according to plat hereof recorded in Book "M" of Plats, Water Slide Agreement- F.W. Holdings, LLC Page 1 of 10 Page 35, Spokane County, Washington. Together with that portion of vacated Johnson Street adjoining said Blocks. Except the East 346.7 feet of said Blocks 76, 79 and 82; also except that portion of said Block 82 and vacated Johnson Street included within the existing tennis courts. Containing 3.65 acres more or less. This property shall hereinafter be referred to as the "Premises" and is depicted in Exhibit A attached hereto. This lease is for the purpose of constructing and operating only a water slide or slides and related landscaping uses. Splashdown is further permitted to sell food, soft drinks, active wear, and souvenirs on the Premises consistent with operation of the water slide. Splashdown and its clients are permitted to use the paved parking lots immediately adjacent to Mission Road (north and south) for purposes directly related to the operation and normal use of the waterpark, and subject to any applicable provisions in the Spokane Valley Municipal Code (SVMC). The City reserves the right to designate spaces for specific uses which may place limitations on use by Splashdown. Splashdown is not permitted to drive outside of the parking lot area, such as on the grass or sidewalks, without specific written permission from the Parks Director. Section 2. Term. - The initial term qff this Agreement shall be for 0 months and �V days, commencing on U�� 2Li , 2023, and terminating on December 31, 2028. This Agreement may be extended for an additional five years, which would run from January 1, 2029 to December 31, 2033, subject to agreement on the annual lease payment amounts required during the extended term. To so extend this Agreement, the Parties must sign, no later than November 1, 2028, an extension agreement that identifies the amount of the required annual lease payments, which shall be subject to renegotiation as part of the extension. Section 3. Maintenance of Slide Facilities. A. Splashdown, at its sole expense, shall maintain upon the Premises a water slide or slides, together with appropriate fencing, support structures, landscaping, splash pool, and all related facilities and equipment. If at any time during the life of this Agreement the Splashdown fails to use the Premises for the purpose of construction and operation of a water slide or slides, without first obtaining permission in writing from the City, this Agreement may at the City's option, be terminated. B. If Splashdown desires to add additional flumes, apparatus, or other recreational items or facilities other than those constructed and in use at the time this Agreement is executed, Splashdown shall first obtain written permission from the City at least 90 days prior to the start of construction, and obtain all necessary permits related thereto. The costs to construct and maintain such additional facilities shall be borne solely by Splashdown. Section 4. Operation of Slide. A. Splashdown may only utilize the Premises for the operation of a business providing recreational water slide services for public use, including ancillary and related purposes; provided, however, that operation shall comply with any and all applicable SVMC provisions and other applicable laws. Splashdown may utilize the Premises for other services only upon prior written approval of the City Manager or their designee. B. Under no circumstances may Splashdown operate when water service has been shut off Water Slide Agreement- F.W. Holdings, LLC Page 2 of 10 to Mission Park unless Splashdown has the ability to do so without damaging City property or facilities and obtains prior written permission from the City Manager or their designee. C. Splashdown shall be responsible for garbage, electricity, water, natural gas, sewer, telephone service, and any other public utility of any kind furnished to the Premises during the term of this Agreement, including any extensions. Splashdown shall pay any and all other costs and expenses of every kind whatsoever in connection with the use, operation, and maintenance of the Premises and all activities conducted thereon, and the City shall have no responsibility of any kind whatsoever for any such costs. D. Any signage shall comply with currently adopted SVMC provisions. E. Splashdown shall not discriminate against any employee or applicant for employment, or patron in violation of federal or Washington State law. Section 5. Fee. — The base annual lease fee shall be $15,000. In recognition of the capital and resources Splashdown has invested in the improvements in order to restore the improvements thereon and make them suitable for providing water park services to the public, the City agrees to discount the annual lease fees due for years 2023, 2024, 2025, and 2026. Splashdown shall pay to the City annual lease fees in the following amounts: $1,000 for the remainder of year 2023, $3,000 for year 2024, $7,000 for year 2025, $10,000 for year 2026, $15,000 for year 2027, and $15,000 for year 2028, plus applicable leasehold excise tax (the annual payment). For the years 2023, 2024, and 2025, the annual lease fee shall be paid in full on or before August lst of each year. Beginning with year 2026, the annual fee may, at Splashdown's option, be paid in one lump sum payment or, alternatively, in three equal payments. If Splashdown elects to pay in equal installments, Splashdown shall notify the City of its intent to do so by January 311t of each year and then the payments shall be due by 4:00 p.m. on July 5, August 5, and September 5. If this agreement is renewed for a second 5-year term, the annual fees, including the base annual lease fee, for the second term will be re -negotiated as part of the renewal process. Section 6. Compliance with Leasehold Excise Tax. A. This Agreement is subject to the "leasehold excise tax" pursuant to chapter 82.29A RCW, as adopted or amended, and Splashdown shall promptly pay the City all leasehold excise tax amounts with (and in addition to) the payment of fees set forth in Section 5. The rate is currently 12.84% pursuant to state law and shall be calculated upon the "base lease fee" identified in Section 5 of this Agreement. The leasehold excise tax rate may change in the future if chapter 82.29A RCW is amended, and it shall be Splashdown's responsibility to ensure it is paying the correct amount. B. Splashdown agrees to promptly pay when due any other taxes, rates, charges and assessments, special or otherwise and public charges of every kind and nature which may be lawfully imposed or assessed in any way on Splashdown regarding its use of the Premises. Splashdown further agrees to pay promptly when due all applicable taxes imposed on Splashdown as a result of the services provided upon the Premises. C. Splashdown shall comply with and abide by all federal, state, municipal, and other Water Slide Agreement- F.W. Holdings, LLC Page 3 of 10 governmental statutes, ordinances, laws and regulations affecting the Premises, the construction, operation and maintenance of the water slide thereon, the improvements thereon, or any activity conducted on or in such Premises. Section 7. Termination. - In addition to all other rights and remedies, which the Parties may have herein or at law, the Parties may terminate this Agreement as follows: By Splashdown: This Agreement may be terminated by Splashdown upon 30 days written notice upon a default by the City in the performance of any terms of this Agreement required to be performed by the City, and the subsequent failure of the City to remedy such default within 30 days after the receipt from Splashdown of written notice to remedy the same; provided, however, that no notice of termination shall have any force or effect if the City shall have remedied the default prior to the expiration of the 30-day period, or if the nature of such default is such that a period in excess of 30 days is necessary in order for the City to cure the default and shall diligently continue its efforts to correct such default. In such event, the City shall have a reasonable amount of time to cure the default. By CITY: This Agreement may be terminated by the City upon 30 days' written notice to Splashdown for the following: A. The failure of Splashdown to make any payments of money as required hereunder after receiving 10 days' written notice of its failure to pay such money. B. Abandonment of the Premises by Splashdown and/or the continuance of unauthorized conduct and operation of the business required hereunder for a period of at least five consecutive days. Failure to operate the business as authorized herein would be considered abandonment. Provided, however, that the City agrees that interruptions in the operation of the water slide due to weather conditions or repairs shall not constitute an abandonment of the Premises. C. A default by Splashdown in the performance of any terms, conditions, or covenants of this Agreement, and the failure of Splashdown to remedy such default within 30 days after receipt of written notice to remedy the same. Splashdown may cure any such default to the satisfaction of the City, which shall render the notice of default moot. In such event, Splashdown shall have such time as is reasonably required to cure the default. Section 8. Removal of Improvements. A. In the event of termination of the lease, the Parties shall have the following remedies: By Splashdown: In the event of termination by Splashdown, and except as provided herein, Splashdown shall remove all improvements from the Premises within 120 days after such termination at Splashdown's sole expense. Removal activities must occur only Water Slide Agreement- F.W. Holdings, LLC Page 4 of 10 between the hours of 7:00 a.m. and 8:00 p.m. Splashdown shall also restore the Premises to its original condition during the same time frame. By City: In the event of termination by the City or at the end of the term of this Agreement, the City shall have the right for a period of 90 days after termination to purchase the improvements from Splashdown at a price to be mutually agreed upon. In the event the City does not exercise its right to purchase the improvements, Splashdown shall remove the same within 120 days after the expiration of such period and restore the Premises to its original condition during the same time frame. B. In the event of a termination, and Splashdown does not remove the improvements placed upon the Premises by Splashdown within the time frames set forth herein, the City may at its option, (1) on the payment of $1.00 take title to said property; or (2) dismantle, remove and store such property at a location convenient to the City and charge to Splashdown a fee for dismantling, removing, transporting, and storing said property. Section 9. Waste and Nuisance Prohibited. - Splashdown shall not commit, or suffer to be committed, any waste or nuisance on the Premises. Section 10. Sewers. The Parties agree to the following allocation of costs with regard to sewer: A. Sewer Capital Facilities Rate: Splashdown shall be responsible for paying all Sewer Capital Facilities Rate charges (i.e. ERU's) that are or may be applicable to, or made necessary by, Splashdown's use of Premises. B. Splashdown shall pay all construction costs incurred to connect new service, increase service due to expansion of the water slide facilities, and to maintain sewer service. C. Splashdown shall, at its expense, install an additional water meter(s) to measure the flow of water entering the sewered portion of the Premises. D. Consistent with the November 13, 2019, letter from Spokane County (attached hereto as Exhibit B), Splashdown must retire the on -site septic system serving the Premises and connect to the Spokane County sewer system only if one or more of the following occur: i. the existing Splashdown facilities on the Premises are expanded; ii. Facilities or buildings are added on the Premises which generate wastewater; iii. The Spokane Regional Health District determines that an on -site septic system has failed; or iv. Spokane County notifies either the City or Splashdown that the Premises must be hooked up to the Spokane County sewer system. E. Splashdown shall pay all monthly sewer charges allocable to Splashdown's use of the Premises. Water Slide Agreement- F.W. Holdings, LLC Page 5 of 10 Section 11. Notices. A. All notices, demands, or other writings in this Agreement provided to be given or made or sent or which may be given, or made or sent by either Party hereto to the other, shall be deemed to have been fully given or made or sent when made in writing and deposited in the United States mail, certified, postage pre -paid and return receipt requested, and addressed as follows: To CITY: City of Spokane Valley, Attn: City Manager 10210 East Sprague Avenue Spokane Valley, Washington 99206 To LESSEE: F.W. Holdings, LLC 6122 E Valleyview Drive Spokane Valley, Washington 99212 B. The address to which any notice, demand, or any other writing may be given or made or sent to any Party may be changed by at least 30 days' written notice. Section 12. Insurance. Splashdown shall procure and maintain, for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the Splashdown's operation and use of the leased Premises. No Limitation. Splashdown's maintenance of insurance as required by the agreement shall not be construed to limit the liability of Splashdown to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. A. Minimum Scope of Insurance Splashdown shall obtain insurance of the types described below: Commercial General Liability insurance shall be written on Insurance Services Office (ISO) occurrence form CG 00 01 and shall cover premises and contractual liability. The City shall be named as an additional insured on Splashdown's Commercial General Liability insurance policy using ISO Additional Insured -Managers or Lessors of Premises Form CG 20 11 or a substitute endorsement providing equivalent coverage. 2. Pro e insurance shall be written on an all risk basis. B. Minimum Amounts of Insurance Splashdown shall maintain the following insurance limits: 1. Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate. 2. Pro e insurance shall be written covering the full value of Splashdown's property and improvements for their full replacement value with no coinsurance provisions. Water Slide Agreement- F.W. Holdings, LLC Page 6 of 10 C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Commercial General Liability insurance: 1. Splashdown's insurance coverage shall be primary insurance as respects the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City, if applicable to any loss, shall be excess of Splashdown's insurance and shall not contribute to it. 2. Splashdown's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after 30 days' prior written notice by certified mail, return receipt requested, has been given to the City. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: Vll. E. Verification of Coverage Splashdown shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of Splashdown. Section 13. Indemnification and Hold Harmless. Splashdown shall defend, indemnify, and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, suits, actions, or liabilities for injury or death of any person, or for loss or damage to property, which arises out of (a) Splashdown's use of Premises, (b) the conduct of Splashdown's business, (c) any activity, work or thing done, permitted, or suffered by Splashdown in or about the Premises, or (d) the wrongful or negligent acts, errors, or omissions committed by Splashdown's employees, agents, owner(s), volunteers, contractors, and subcontractors to the fullest extent permitted by law, subject only to the limitations provided below. Notwithstanding the above, should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Splashdown and the City, its officers, officials, employees, and volunteers, then Splashdown's liability hereunder, including the duty and cost to defend, shall be only to the extent of Splashdown's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes Splashdown's waiver of immunity under Industrial Insurance, Title 51, RCW, solely for the purpose 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 Agreement. Section 14. Attorney's Fees - If any action at law or in equity shall be brought to enforce the provisions of this lease or to enforce or interpret any of the covenants, terms, or conditions of this lease, or for the recovery of the possession of the Premises, each Party shall pay all of their own attorney's fees. Water Slide Agreement- F.W. Holdings, LLC Page 7 of 10 Section 15. Repairs. A. Throughout the term of this Agreement, Splashdown shall at its own cost and without any expense to the City, keep and maintain the Premises in good, neat, and sanitary order. This includes all buildings and improvements of every kind which may be a part thereof including all appurtenances thereto, including sidewalks adjacent thereto. The City shall not be obligated to make any repairs, replacements, or renewals of any kind, nature, or description whatsoever to the Premises, or any buildings or improvements thereon. B. Splashdown shall control all rodents and other pests that may be on or in the Premises during the term of this Agreement. C. Splashdown shall provide trash and garbage receptacles and have refuse removed from the Premises on a regular basis. D. Splashdown shall remain in compliance with all applicable laws and regulations of the Spokane Regional Health Department. Section 16. Insolvency or Bankruptcy - If Splashdown becomes insolvent, voluntarily or involuntarily bankrupt, or if a receiver, assignee or other liquidating officer is appointed for the business of Splashdown, then the City may terminate this Agreement. Section 17. Employees - Splashdown shall conduct a background check on all employees working at the water slide or any concessions operated on the Premises. Section 18. Liens - Splashdown shall keep the Premises free and clear from all mechanics' and materialmens' and other liens from work or labor done or services performed in any way arising out of the use of the Premises by Splashdown. Section 19. Ownership of Improvements. - All improvements and equipment placed on the Premises by Splashdown shall be and remain the property of Splashdown, and the City shall have no interest therein except as provided by this Agreement. Section 20. Non -Liability of City for Theft. Burglary or Vandalism - The City shall not be liable in any manner for any loss, injury, or damage incurred by Splashdown from any acts of theft, burglary, or vandalism. Splashdown shall be responsible for providing all expenditures relating to any security precaution that Splashdown deems necessary or appropriate for the safety of the personnel, guests, employees, patrons, or users of the Premises, or property of Splashdown located on the Premises. Splashdown shall implement security measures sufficient to secure the Premises after hours and prevent unauthorized use. Section 21. Relationship of the Parties. A. The Parties intend that only a lessor/lessee relationship will be created by this Agreement. Splashdown will be solely and entirely responsible for its acts and the acts of its agents, employees, servants, volunteers, sub -lessees or otherwise during the performance of this Agreement. B. No agency, employment or partnership is created by this Agreement. Splashdown's business is separate and apart from that conducted by the City. Neither Party will have authority to Water Slide Agreement- F.W. Holdings, LLC Page 8 of 10 act for the other in any obligations or expenses whatsoever of the other Party. Section 22. Venue Stipulation - This Agreement has been made and delivered within the State of Washington, and shall be governed by the laws of the State of Washington, both as to interpretation and performance. Any action at law, suit in equity, or judicial proceeding for the, enforcement of this Agreement or any provision hereof shall be instituted and maintained only in Spokane County Superior Court. Section 23. Assi n� ment - Each Party to this Agreement binds themselves, their partners, successors, executors, administrators, and assigns to the other Party of this Agreement and to the Parry's successors, executors, administrators and assigns of each other Party with respect to all terms, conditions and covenants set forth herein. Splashdown may not assign, transfer in whole or in part its interest in this Agreement without the same being first authorized by motion of the City Council. A decision by the City Council to provide consent or denial shall be communicated to Splashdown within a reasonable time frame, not to exceed 30 calendar days of written request. The City Council's decision shall be made considering, among other factors, the financial stability, experience in operating/owning water slides and related recreational facilities, and the ability to meet conditions within this Agreement. In the event of an assignment, the assignee shall assume all liability of the assignor. Any unauthorized voluntary assignment or sub -lease shall be void, and shall terminate this lease at the City's option. Section 24. Waiver - No officer, employee, or agent of the City has the power, right or authority to waive any of the conditions or provisions of this Agreement. The waiver of any breach of this Agreement shall not be held to be a waiver of any other or subsequent breach. All remedies afforded in this Agreement or at law shall be taken and construed as being in addition to every other remedy provided herein or by law. The failure of the City to enforce at any time any of the provisions of this Agreement or to require at any time performance by Splashdown of any of the provisions hereof, shall be in no way construed to be a waiver of such provisions, nor any way affect the validity of this Agreement or any part hereof or the right of the City to thereafter enforce each and every such provision. Section 25. Modification - There shall be no modification of this Agreement, except in writing, executed with the same formalities of this present instrument. Section 26. Severability. A. It is understood and agreed by the Parties that if any part, term, or provision of this Agreement is held by a court to be illegal, the validity of the remaining portions or provisions shall not be affected, and the rights and obligations of the Parties shall be construed and enforced as if this Agreement did not contain a particular part, term, or provision held to be invalid. B. If it should appear that any part, term, or provision hereof is in conflict with any statutory provisions of Washington, then the part, term, or provision hereof which may conflict shall be deemed void insofar as it may be in conflict, and be deemed to modify the Agreement to conform to such statutory provisions. Section 27. Time of the Essence - Time is of the essence regarding each and every provision of this Agreement. Section 28. All Writing Contained Herein - This Agreement contains all the terms and conditions agreed upon by the Parties. No other understandings, oral or otherwise, regarding the subject matter Water Slide Agreement- F.W. Holdings, LLC Page 9 of 10 of this Agreement shall be deemed to exist or to bind any of the Parties. In the event any language in an attachment which has been made part of this Agreement conflicts or appears to conflict with this document, it is expressly agreed by the Parties that this written Agreement shall control in the resolution of any such disputes. Section 29. Exhibits - A. Map of the Premises B. Letter from Spokane County Environmental Services Director Kevin R. Cooke to City Of Spokane Valley Parks Director Mike Stone, dated November 13, 2019. C. Insurance certificates. IN WITNESS WHEREOF, the PARTIES have caused this Agreement to be executed on the date and year set forth above. LESSOR: CITY OF SPOKANE VALLEY By !°� 7-2r-23 Na : John Hohman Date Its: City Manager TENANT: F.W. HOLDINGS, LLC By 1kL`dL,� .1t Name: Brandin Olsen Date Its: Owner and Manager Water Slide Agreement- F.W. Holdings, LLC Page 10 of 10 Exhibit A all ���■��®E Mission Ave Valley Mission Park South 45162.0327 z to � ---� Lease Area '---- Exhibit A - Lease Premises " Valley Mission Park 13 000 - Pinecroft First Addition - , w E Tax Parcels - Plat Area - 0 75 150 300 Feet Spokane Valleyy GIS s Pinecroft 1st Add Blocks tune I3th 2023 1 1 Exhibit B Spokane County Environmental Services Kevin R. Cooke, P.E., Director November 13, 2019 Mike Stone, Director City of Spokane Valley Parks Department 10210 E Sprague Avenue Spokane Valley, WA 99206-3682 RE: Conditional Exemption from Requirement to Connect to the Public Sewer Valley Mission Park, 11123 E. Mission Ave, Parcel 45093.0646 Dear Mr. Stone, Bill Bleasner, owner of Splashdown at the Valley Mission Park, has been in contact with our office regarding the connection of the Splashdown facilities to the County's sanitary sewer system. Although the City's facilities on this property are connected to the sewer, Splashdown is still utilizing two on -site systems for wastewater disposal. Mr. Bleasner has provided documentation to this office, including cost estimates prepared by contractors. The estimated cost of redirecting the wastewater from the on -site systems to the County's regional sewer system is very high, in excess of $100,000. Splashdown has a short, three-month operating season each year. In consideration of the circumstances outlined above, and as permitted under Chapter 8.03, Article 3000 of the Spokane County Sanitary Sewer Code, I am granting a Conditional Exemption from mandatory sewer connection of those facilities directly related to the Splashdown operation. This conditional exemption may become null and void, and connection to the public sewer will be required, should any of the following events occur: • An expansion of the of the existing Splashdown facilities. • The addition of new facilities or buildings on the property which generate wastewater. (Note: The addition of plumbing fixtures to the City's existing buildings that are currently connected to the sewer system will not void this exemption.) • Determination by the Spokane Regional Health District that an on -site septic system has failed. 1026 West Broadway Avenue, 4th Floor • Spokane, WA 99260-0430 Phone: (509) 477-3604 • Fax: (509) 477-4715 • TDD: (509) 477-7133 Exhibit B If you have questions or you need additional information, please contact Mark Stiltz at (509) 477-7469 or by email at mstiltz(c�)spokanecount),.org. Sincerely, Kevin R. Coo Environmental Services Director CC: Bill Bleasner, 12727 E. Piper Rd., Spokane, WA 99217 Jon Sherve, Director, Spokane Regional Health District / Environmental Health Karen Gehret, Spokane County Environmental Services TSTALTER '4 �» EVIDENCE OF COMMERCIAL PROPERTY INSURANCE DAB/2412023 Yi THIS EVIDENCE OF COMMERCIAL PROPERTY INSURANCE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE ADDITIONAL INTEREST NAMED BELOW. THIS EVIDENCE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS EVIDENCE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE ADDITIONAL INTEREST. PRODUCER NAME, Et): (609) 928-2121 COMPANY NAME AND ADDRESS NAIL NO: CONTACT PERSON AND ADDRESS Starr & Brown Northfield Insurance Co 11707 E Sprague Ave Ste 105 Spokane Valley, WA 99206 PO Box $4816 St. Paul, MN 56164-0816 Contact name: IF MULTIPLE COMPANIES, COMPLETE SEPARATE FORM POR EACH Na : EE,MADDLam; Emall@StarrBrown.com CODE: SUB CODE: POLICY TYPE Property AGENCYCUSTOMER .FWH0LDI-01 NAMED INSURED AND ADDRESS LOAN NUMBER POLICY NUMBER FW Holdings LLC WS556816 EFFECTIVE DATE EXPIRATION DATE 6122 E Valleyway Dr Spokane Valley, WA 99212-3221 7l12/2023 7l12/2024 CONTINUEDUNTIL MINATED IF CHECKED ADDITIONAL NAMED WSUREDIS) THIS REPLACES PRIOR EVIDENCE DATED: PKUPtKi Y INI-UKNIAHLIN AUUKL/ 7U7 ma De attacnea lT mores ace IS re ulrea Ibi tiUILUINU UK LJ t5IJ51Nt55 PEKSUNAL PRUPERTY LOCATION I DESCRIPTION 11127 E Mission Ave, Spokane Valley, WA 99206 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 EVIDENCE OF PROPERTY INSURANCE 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. CA\rCGArSC IKICADMIATInM Brill S` IMQI IDrn I I nemre I I RDAAn X 4DPOIAI COMMERCIAL PROPERTY COVERAGE AMOUNT OF INSURANCE: $ 1,211,000 DED: 5,000 YES NO NIA []BUSINESS INCOME ❑ RENTAL VALUE If YES, LIMIT: Actual Loss Sustained, # of months: BLANKET COVERAGE If YES, Indicate value(s) reported on property identified above: $ TERRORISM COVERAGE Attach Disclosure Notice! DEC IS THERE A TERRORISM -SPECIFIC EXCLUSION? IS DOMESTIC TERRORISM EXCLUDED? LIMITED FUNGUS COVERAGE If YES, LIMIT: DED: FUNGUS EXCLUSION (If "YES", specify organization's form used) REPLACEMENT COST AGREED VALUE COINSURANCE If YES, % EQUIPMENT BREAKDOWN (If Applicable) If YES, LIMIT: DED: ORDINANCE OR LAW - Coverage for lose to undamaged portion of bldg 11YES, LIMIT: DED: - Demolition Costs If YES, LIMIT: DED: - Ina. Cost of Construction If YES. LIMIT: DED: EARTH MOVEMENT (If Applicable) If YES, LIMIT: DED: FLOOD (If Applicable) If YES. LIMIT: DED: WIND! HAIL INCL ❑ YES ❑ NO Subject to Different Provisions: If YES, LIMIT: DED: NAMED STORM INCL ❑ YES ❑ NO Subject to Different Provisions: If YES, LIMIT: DED: PERMISSION TO WAIVE SUBROGATION IN FAVOR OF MORTGAGE HOLDER PRIOR TO LOSS SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. CONTRACT OF SALE LENDERS LOSS PAYABLE MORTGAGEE x Additional Insured NAME AND ADDRESS City of Spokane Valley Attn: City Attorney 10210 E Sprague Ave Spokane Valley, WA 99206 LOSS PAYEE I LENDER SERVICING AGENT NAME AND ADDRESS AUTHORIZED REPRESENTATIVE ACORD 28 (2016103) 0 2003-2016 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD (MW ATE CERTIFICATE OF INSURANCE D07/21/2023Y1 PRODUCER AND THE NAMED INSURED Evolution Insurance Brokers, LLC. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE OF INSURANCE DOES NOT AFFIRMATIVELY OR 8722 S. Harrison St. NEGATIVELY AMEND, EXTEND, OR ALTER THE COVERAGE AFFORDED Sandy, UT 84070 13Y THE INSURANCE POLICIES BELOW. INSURERS AFFORDING COVERAGE 801) 304-5500 INSURED INSURER A Prime Insurance Company Splash Down Concession INSURER 8: INSURER C: INSURER D: 11127 E Mission Ave Spokane, WA 99206 "LIMITS SHOWN ARE THOSE IN - Company f#1259S COVERAGES EFFECT AS OF POLICY INCEPTION" The policies of Insurance listed below have been issued to the insured named above for the policy indicated. Notwithatanding any requirement, term or condition of any contract or other document with respect to which this certificals 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. Aggregate limits shown may have been reduced by paid claims. POLICY EFFECTIVE POLICY EXPIRATION TYPE OF INSURANCE POLICY NUMBER DATE MWD DATE ntM10 LIMITS © Commercial Liability SC23071475 7/21/2023 11/21/2024 $250,000 Per Person 0 Claims Made $2,000,000 Per Accident $2,000,000 Policy Aggregate ❑J Exclude Products ❑d Exclude Completed Operations ❑ Commercial Auto Liability Any Auto All Owned Autos Scheduled Autos Hired Autos Non -Owned Autos Drive Away Speclflcally Described Autos ❑ Commercial Garage Liability G.K.L.L. O.T. R. P. D. D.O.C. Cargo On Hook Contractual liability Indemnification Wrongful Repossession Claims Made Exclude Products Exclude Completed Operations ❑ Excess Llablllty -F ❑ Claims Made LIMITATION OF COVERAGE FOR ADDITIONAL INSURED Please see the attached Additional Insured Endorsement. DESCRIPTION OF OPERATIOWLOCATIONSIVEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Coverage is limited to only insured activities or operations identified in the Policy. Waterparks - Pools - Each, Snack Bar - Food Concession - Products Liability - Food Only., Premises Liability - Scheduled Locations Only_, Waterparks. - Slides - Each., Waterparks - Admissions, Main Gate - Receipts., Quote for 120 day policy term only.. CERTIFICATE HOLDER ADDITIONAL INSURED IJILOSS PAYEE City of Spokane Valley SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT City Attorney FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND 10210 Sprague Ave UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. Spokane, WA 99206 AUTHORIZED REPRESENTATIVE = .z.•.: O4-F-03014FEB2020 ADDITIONAL INSURED ENDORSEMENT PAP-99-12 This Endorsement changes the terms and conditions of the Coverage Contract issued. Please read it carefullyl The following requirements govern coverage under the Policy and must be adhered to for coverage to be provided to the Insured under the Policy. No activities conducted by the Insured are covered under the Policy unless they are conducted in full compliance with all of the requirements specified below and in the Policy. The Insured must advise its employees, agents, contractors, and/or subcontractors of these requirements and ensure that they also abide by them for coverage to be provided. The Insured agrees and understands that any noncompliance with the following specified requirements and/or the terms and conditions set forth in the Policy will result in the denial of coverage under the Policy meaning the Insurer will not be obligated to indemnify or defend you. Policy Number: SC23071475 Insured: Splash Down Concession Effective Date of the Endorsement: 07/21/2023 Additional insured: City of Spokane Valley City Attorney 10210 Sprague Ave Spokane, WA 99206 The "Who is an Insured" provision of the Policy shall be amended to include the person or organization scheduled in this Endorsement as an Additional Insured for the limited purpose of liability arising from Your Work, as that term applies to the Named Insured only, and subject to all other terms and conditions of the Policy and this Endorsement. The coverage provided by this Endorsement only extends to cover the Additional Insured for allegations of liability based upon alleged, actionable conduct of the Insured and only to the extent the Insured would have been liable and coverage would have been afforded to the Insured under the terms and conditions of this Policy had such Claim been made against the Insured. No coverage shall be provided for any liability arising out of the Additional Insured's own alleged conduct. The Policy has been entered into in the State of Utah and any rights, remedies, or obligations provided for in the Policy shall be construed and enforced in accordance with the laws of the State of Utah. Furthermore, the Additional Insured understands and acknowledges that the Insurer conducts its business activities, including underwriting, risk management, and claims handling services, within the State of Utah and acknowledges that by entering into this policy of insurance, the Additional Insured is deemed to be transacting business within the State of Utah. Accordingly, the Additional Insured hereby understands and consents to the jurisdiction of the courts of the State of Utah and agrees that those courts shall be the exclusive forum to hear and decide disputes consisting of or relating to the Policy, including any insurance coverage issues and any payments due under the Policy. The Additional Insured is subject to all of the terms, provisions, conditions, exclusions, definitions, limitations, representations, and Endorsements of the Policy issued to the Insured and all related documents providing coverage to the Insured. The failure of the Insured to adhere to any such provisions will also defeat coverage under the Policy for all Additional Insureds. The Insurance afforded by the Policy to the Additional Insured(s) scheduled in this Endorsement as an Additional Insured, at the location scheduled in this Endorsement, for the limited purpose of liability arising from Your Work, as that term applies to the Insured only, and subject to all other terms and conditions of the Policy and this Endorsement is primary insurance. Any other insurance or self-insurance maintained by the Additional Insured(s) is excess of this insurance and shall not contribute to it. Endorsement No.: 0 PAP-99-12 06MOV2019 Page 1 of 1 Printed On: Friday, July 21, 2023 Labor a tndustrles�mttps:/ Ini.wa.goon Contractors FW HOLDINGS LLC Owner or tradesperson BRANDIN OLSON % BRANDIN OLSON 6122 E VALLEYVIEW DR Doing 4usiness as SPOKANE VALLEY, WA 99211 2-322 SPLASH DOWN WATERPARK WA UBt No. 604 910 272 Certifications & Endorsements OMWBE Certifications No active ceitilk atlons exist for this business. Apprentice, Training Agent Wa No active shington registered apprentices exist for this business. Washington allows the use of apprentices registered with Oregon or Montana. Contact the Oregon Bureau of Labor & Industries or Montana Oeoa" i;ent of Labor A Industry to verify if this business has apprentices. Workers' Comp Do you know If the business has employees? if so, verify the business is up-to-date on workers' comp premiums. L&I Account ID Recently opened account, no premiums are 383.301.00 due or owed at this time. Doing business as SPLASH DOWN WATERPARK Estimated workers reported NIA L&laccount contact T2 / DALE RIUTTA (360) 902.4834 - Email: RIUD235@lnl.wa.gov Public Works Requirements Verify the contractor is eligible to perform work on public works projects. Required Training— Effective July 1, 2019 Needs to complete training. Contractor Strikes No atrlkes have been Issued against this contractor. Contractors not allowed to bid No det4rmenls Have been issued against this contractor. Workplace Safety & Health Check for any past safety and health violations found on jobskes this business was responsible for. No inspections during the previous 6 year period.