24-067.00JerreThomesRelocationAssistance3rdCarnahanAcquisition AGREEMENT TO PROVIDE RELOCATION FUNDS
This AGREEMENT TO PROVIDE RELOCATION FUNDS ("Agreement") is made and entered
into by and between the City of Spokane Valley, a municipality organized under Washington state law
("City"),and Jerre Thomes("Ms.Thomes"),with an effective date of March 1,2024. City and Ms.Thomes
are collectively referred to herein as the Parties.
I. RECITALS
WHEREAS,on or about December 13,2023, the City entered into a purchase and sale agreement
(hereinafter"PSA")with Wheeler Investments and Development LLC(hereinafter"Wheeler")for the City
to purchase real estate addressed as 228 S.Carnahan Road(hereinafter"Premises"),and the adjacent parcel
located at 5'6A4 E. 2nd Avenue, both in Spokane Valley,Washington;and
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WHEREAS,the City did not negotiate the purchase or any term of the PSA under the threat of eminent
domain,and the PSA was entered into voluntarily by Wheeler and the City;and
WHEREAS,at the time the PSA was executed,Ms.Thomes was and had been a residential tenant of
the three (3) bedroom single family home on the Premises pursuant to a lease between Ms. Thomes and
Wheeler;and
WHEREAS,the PSA requires Wheeler to terminate the Ms.Thomes'tenancy/leasehold interest in the
Premises as a condition to completing the City's purchase of the Premises;and
WHEREAS,Wheeler has provided Ms.Thomes with notice of termination of her tenancy/leasehold
interest,with an effective date of no later than March 16,2024;and
WHEREAS,Ms.Thomes has secured a new lease for another comparable three(3)bedroom
living space for which the monthly rent payment is significantly higher than the monthly rent she paid to
lease the Premises; and
WHEREAS,the City appreciates that Ms.Thomes moving to a new residence is a result of the City's
purchase of the Premises;and
WHEREAS,Ms.Thomes' household income is below the"low income" limits established by the
U.S. Department of Housing and Urban Development's Annual Survey of Income Limits for the Public
Housing and Section 8 Programs;and
WHEREAS, the City is purchasing the Premises without the use of any funds received from
Washington state or the federal government, but rather is only using only municipal funds for the purchase
such that the relocation assistance provisions of RCW 8.26 et seq.do not apply;and
WHEREAS,the City desires to provide Ms. Thomes with financial assistance for moving costs and
increased rent payments for her new residence using its contract authority under Title 35A of the Revised Code
of Washington and/or Washington State Constitution,Article 8,Section 7;
NOW THEREFORE,in consideration of the foregoing and the mutual covenants contained herein,
the sufficiency of which is acknowledged,the Parties agree as follows:
II. AGREEMENT
Settlement Agreement and Release—Page 1 of 3
1. The Parties concur with the above recitals and acknowledge that this concurrence is a material
inducement on which the Parties relied in executing this Agreement.
2. The City shall pay Ms.Thomes a total of nine thousand forty dollars($9,040).The payment shall
be made on or before March 11, 2024, or within five (5) business days after receiving a completed W-9
form from Ms. Thomes, whichever is later. The Parties acknowledge that the payment consists of the
following amounts for the following items: (a) $7,200 for rental assistance; (b) $1,400 for direct moving
expenses; and (c) $440 dollars for the application fee and nonrefundable deposit for her replacement
residence.
3. Ms. Thomes agrees to provide the City with a completed W-9, and that the City's receipt of the
same is a condition to payment.
4. In consideration of the Settlement Payment described in Paragraph 2 herein,Ms.Thomes releases
the City,its elected officials, officers, and employees from any claim arising out of the City's purchase of
the Premises or the adequacy of the payment identified herein,whether known or unknown.Nothing in this
Agreement shall be construed to release any potential claim of Ms. Thomes that the City failed to pay the
amount identified in paragraph 2 above in accordance with this Agreement.
5. Miscellaneous Terms.
a. No Representations.The Parties represent and acknowledge that in executing this Agreement
they do not rely and have not relied upon any representation or statement not set forth herein
made by the other party or any of the Parties' agents,representatives, or attorneys with regard
to the subject matter,basis,or effect of this Agreement or otherwise.
b. Applicable Law. This Agreement is made and entered into in the State of Washington, and
shall in all respects be interpreted, enforced, and governed by and under the laws of the State
of Washington.
c. Enforceability of Agreement.The Parties understand that this Agreement is final and binding
when executed by all of the Parties,and agree not to challenge its enforceability thereafter.
d. Sole and Entire Agreement. This Agreement sets forth the entire agreement between the
Parties as to the matters addressed herein and fully supersedes any and all prior agreements or
understandings between the Parties pertaining to the subject matter of this Agreement. This
Agreement may not be modified, waived, rescinded, or amended in any manner, except by a
writing executed by all of the Parties to the Agreement which clearly and specifically modifies,
waives,rescinds,or amends this Agreement.
e. Binding Effect.This Agreement shall be binding upon the Parties and upon their respective
representatives,successors,assigns,and affiliated companies.
f. No Third-Party Beneficiaries. Unless otherwise expressly provided, no provision of this
Agreement is intended or shall be construed to confer upon or give to any person or entity other
than the signatories to this Agreement any rights,remedies,or other benefits under or by reason
of this Agreement.
Settlement Agreement and Release—Page 2 of 3
g. Severability. If any provision of this Agreement is found by a court or arbitral authority of
competent jurisdiction to be invalid, illegal, or unenforceable in any respect, or enforceable
only if modified,such finding shall not affect the validity of the remainder of this Agreement,
which shall remain in full force and effect and continue to be binding on the Parties.
h. Counterparts/Electronic Transmission. This Agreement may be executed in one or more
counterparts, any one of which shall be deemed to be the original even if the others are not
produced. Electronic transmission of any signed document shall be given the same force and
effect as original signatures.
i. Section Headings.Section headings in this Agreement are included herein for convenience of
reference only and shall not constitute a part of this Agreement for any other purpose.
6. Acknowledgment of Full Understanding. THE PARTIES ACKNOWLEDGE AND AGREE
THAT THEY HAVE FULLY READ, UNDERSTAND, AND VOLUNTARILY ENTER INTO
THIS AGREEMENT.
IN WITNESS WHEREOF the Parties have executed this Agreement as of the Effective Date
above.
DATE oT hn Hohman,City Manager
City of Spokane Valley
4`24 *Onn.W/
DATE Jerr homes
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