23-162.00 TAPA Spokane LLCCity Contract# 23-162
AGREEMENT BETWEEN THE CITY OF SPOKANE VALLEY AND TAPA SPOKANE LLC FOR
INSTALLATION OF CURB FOR PARCEL 55053.0109 ON EUCLID AVENUE BETWEEN
HARMONY ROAD AND BARKER ROAD
This Agreement ("Agreement") for installation of curb with the Barker Road at Union Pacific Crossing
Project ("the Road Project") is entered into by and between TAPA SPOKANE LLC, its successors and assigns
("Owner"), a Washington corporation, having offices at 4426 4426 N Sullivan Rd, Spokane Valley, WA 99216,
and the City of Spokane Valley ("City"), a municipal corporation of the State of Washington, hereinafter jointly
referred to as "Parties":
WHEREAS, the City is constructing the Road Project, located between Harmony Road and Barker Road,
in 2023. The Road Project will result in a repaved and widened 40 foot wide roadway with gravel shoulder,
curbing, channelization and associated drainage facilities to provide for a two-lane road section; and
WHEREAS, the Owner is the owner of the real vacant properties adjacent to the Road Project, and the
Owner approached the City to replace parcel 55053.0109's proposed gravel shoulder with curbing to
support the Owner's future development of parcel 55053.0109; and
WHEREAS, the Owner of parcel 55053.0109 desires to enter into this Agreement with the City to
reimburse the City for the installation of curb for parcel 55053.0109 with the Road Project; and
WHEREAS, the Owner has an interest in completing the curb installation as the City's pavement cut policy
prevents cutting into the asphalt for 3 years following completion of the Road Project; and
WHEREAS, the City and Owner agree that installation of the curb as part of the Road Project would benefit
the taxpayers and travelling public; and
WHEREAS, the City and Owner desire to enter into this Agreement to establish the mutually agreed terms
of repayment to accomplish the tasks set forth herein.
NOW, THEREFORE, the City and Owner agree as follows:
SECTION 1— Responsibilities of City.
1.1 The City shall incorporate the Owner's driveway approach and curb inlet drop locations into the
CAD files for the Euclid Avene roadway section for the Road Project;
1.2 The City shall execute a Change Order with the Road Project contractor for the installation of the
curb, driveway approach drops and curb inlet drops at the unit price bid for the Road project. It is understood
that all work pursuant to the Change Order for the Road Project is occurring in the right-of-way;
1.3 The City shall administer the construction contract and provide construction management for the
Road Project;
1.4 The City shall make payments to the construction contractor in accordance with the contract terms,
so that work may proceed according to schedule;
1.5 The City shall pave to the curb as part of the Road Project;
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1.6 The City shall invoice the Owner for the installation of the curb following completion of the project.
SECTION 2 — Responsibilities of Owner.
2.1 The Owner shall designate a "responsible person," who shall represent the Owner's interest during
the construction of the curb and shall coordinate with the City without delaying construction.
2.2 The Owner shall design and provide driveway approach locations and curb inlet drainage locations
to the City for the Road Project. The City shall provide comments within a reasonable timeframe.
2.3 The Owner shall respond to City comments immediatley to ensure the construction schedule for
the Road Project will not be delayed. Acceptance of these curb drop locations by the City does not infer
acceptance of the Owner's site development plans by the City, and shall not be construed as approval of
any portion thereof. Further, the Owner remains responsible for any and all improvements required as a
result of site development whether or not the required improvements or plans are consistent with the
approaches and curbs installed as a result of this Agreement.
2.4 The Owner agrees to issue payments to the City pursuant to Section 4 of this Agreement.
SECTION 3. Allocation of Costs.
3.1 The Owner agrees to reimburse the City for the actual linear footage of curb installed fronting the
Owner's parcel, and construction survey staking for the locations for the curb drops, driveways drops
and the revised sewer stub locations. Estimate for the curb and construction survey staking total $21,720.
3.2 Any additional costs associated with change orders and/or valid claims from the contractor for the
installation of the curb shall be reviewed and approved by the Owner prior to billing the Owner. Any
changes solicited by the Owner, shall be billed to the Owner at the prices negotiated with the Road Project
contractor.
SECTION 4. Payment.
4.1 The Owner shall reimburse the City amounts billed within 30 days following receipt of an invoice
from the City;
SECTION 5. Notice. All communications, notices, or demands of any kind which a party under this
Agreement is required or desires to give to any other party shall be in writing and be either (1) delivered
personally, or (2) deposited in the U.S. mail, certified mail, postage prepaid, return receipt requested and
addressed as follows:
If to the City: City of Spokane Valley
10210 East Sprague Avenue
Spokane Valley, WA 99206
Fax: (509) 921-1008
Attn: Marci Patterson
If to the Owner: Tom Andersen
TAPA SPOKANE LLC
4426 N Sullivan Rd
Spokane Valley, Washington 99216
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SECTION 6. Ownership of Documents. All drawings, plans, specifications, and other related
documents prepared by Owner under this Agreement are and shall be the property of City, and may be
subject to disclosure pursuant to chapter 42.56 RCW or other applicable public record laws. The written,
graphic, mapped, photographic, or visual documents prepared by Owner under this Agreement shall, unless
otherwise provided, be deemed the property of City. City shall be permitted to retain these documents,
including reproducible camera-ready originals of reports, reproduction quality mylars of maps, and copies
in the form of computer files, for the City's use. City shall have unrestricted authority to publish, disclose,
distribute, and otherwise use, in whole or in part, any reports, data, drawings, images, or other material
prepared under this Agreement, provided that Owner shall have no liability for the use of Owner's work
product outside of the scope of its intended purpose.
SECTION 7. Successors. This Agreement shall be binding on and inure to the benefit of the successors
and the assigns of the Parties.
SECTION 8. Indemnification and Hold Harmless. Owner shall, at its sole expense, defend,
indemnify, and hold harmless City and its officers, agents, and employees, from any and all claims, actions,
suits, liability, loss, costs, attorney's fees, costs of litigation, expenses, injuries, and damages of any nature
whatsoever relating to or arising out of the wrongful or negligent acts, errors, or omissions in the fulfillment
of the obligations by Owner, Owner's agents, subcontractors, subconsultants, and employees to the fullest
extent permitted by law, subject only to the limitations provided below.
However, 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 Owner and the City, its officers,
officials, employees, and volunteers, the Owner's liability, including the duty and cost to defend, hereunder
shall be only to the extent of the Owner's negligence. It is further specifically and expressly understood
that the indemnification provided herein constitutes the Owner'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 9. Governing Law. This Agreement shall be construed in accordance with the laws of the
State of Washington. Any action for enforcement of this Agreement shall be brought in a court of
competent jurisdiction in Spokane County, Washington or as otherwise provided by statute.
SECTION 9. Modifications. This Agreement constitutes the entire and complete agreement between
the parties and supersedes any prior oral or written agreements. This agreement may not be changed,
modified, or altered except in writing signed by the Parties.
SECTION 10. Waiver. No officer, employee, agent, or otherwise of the City has the power, right, or
authority to waive any of the conditions or provisions to this Agreement. No waiver or any breach of this
Agreement shall be held to be a waiver of any other or subsequent breach.
SECTION 11. Representation. This Agreement forms a fully integrated agreement between the Parties.
No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed
to exist or to bind any of the Parties hereto. Notwithstanding any provision of this Agreement, all future
development along and within the Road Project limits shall be subject to the then -applicable State and local
development laws.
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All Parties have read and understand all of the Agreement, and now state that no representation, promise,
or agreement not expressed in the Agreement has been made to induce any Party to execute the same.
SECTION 12. Authority. Both Parties to this Agreement represent and certify that they have full
authority and power to enter into and carry out this Agreement. The persons signing this Agreement
represent that they have authority to act for and bind their respective principals.
IN WITNESS WHEREOF, the Parties have executed this Agreement this 6`lday of
i r-- 2023.
CITY OF SPOKANE VALLEY:
JAD Hohman, City Manager
A TE T:
Marci FVtterson, City Clerk
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County of Spokane )
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On this t— day of . 2023, before me, the undersigned, a Notary Public
in and for the State of SAK duly commissioned and sworn, personally appeared
'Moma& �!►1dmr� VIn to be the
of the corporation that ex uted the foregoing instrument, and
acknowledged a instrument to be the free and voluntary act and deed of the corporation, for the uses and
purposes therein mentioned, and on oath stated that he is authorized to execute the instrument.
WITNESS my hand and official seal hereto a xed the day an year' this certificate above written.
SEY M OTA Y P BLIC, in an for the State ofashingtiorr;
poresiding at Y'M
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