7350961 Agreement-RestrictiveCovenantWithVolunteersOfAmerica 05/24/2024 10:27:40 AM 7350961
Recording °ee $312.50 Page 1 of 10
Agreement VISTA TITLE
Spokane County Washington
111111 IIIII II I 11111,11111111 III II IIII 111111111111111111111111 I V ills
When Recorded Return to:
The City of Spokane Valley
10210 E Sprague Ave
Spokane Valley WA 99206
THE CITY OF SPOKANE VALLEY
v r - 3 3 )-°
RESTRICTIVE COVENANT AGREEMENT
GRANTOR: Volunteers of America of Eastern Washington
and Northern Idaho
GRANTEE: The City of Spokane Valley, a municipal
corporation of the State of Washington
ABBREVIATED LEGAL DESCRIPTION:Ptn Lots 2-11 Block 210 East Side Syndicate
Add (see full Legal Description in Exhibit A)
ASSESSOR'S TAX PARCEL NO.: 35152.0308
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THE CITY OF SPOKANE VALLEY
RESTRICTIVE COVENANT AGREEMENT
This Restrictive Covenant Agreement (the "Covenant Agreement") is effective as of the
i_day of , 2024, and is made and executed by Volunteers of America of
Eastern Washington nd Northern Idaho, a Washington nonprofit corporation (the
"Grantor"), and by and in favor of the City of Spokane Valley, a municipal corporation of
the State of Washington (the "Grantee"). In this Covenant Agreement, Grantor and
Grantee may also be referred to collectively as the "Parties" and individually as "Party."
RECITALS
A. Volunteers of America of Eastern Washington and Northern Idaho (the "Grantor")
is the owner of real property located in the City of Spokane Valley, State of
Washington, legally described in Exhibit A, attached hereto and made part
hereof (the "Property").
B. Pursuant to an agreement executed by and between the City of Spokane Valley
(the "Grantee") and Grantor, dated August 16, 2023, as Spokane Valley contract
number 23-140, which is hereby incorporated by reference as though fully stated
herein (the "Grant Agreement"), Grantor has constructed a licensed emergency
shelter on the Property for the purpose of providing shelter and support services
for runaway and homeless youth. A map of the Property is attached to and made
part of this Covenant Agreement as Exhibit B. This Restrictive Covenant
Agreement shall be executed by the Parties prior to the finance closing date of
May 9, 2024.
C. The purpose of this instrument is to place on record those certain Restrictive
Covenants which, pursuant to the Grantee's funding of the Project in the amount
of$500,000 to construct the facility on said Property, requires that the Property be
restricted to uses as defined herein. The Property was acquired by deed recorded
under recording no. 6873949, between Edwin L. Andrews II and Louise C.
Andrews, husband and wife, and Volunteers of America of Eastern Washington
and Northern Idaho, a Washington nonprofit corporation.
COVENANT AGREEMENT
NOW, THEREFORE, in consideration of the mutual promises herein, Grantor and the
Grantee agree, covenant and declare that the Property is subject to the following
restrictive covenants, which covenants shall run with the land and burden the Property
for the sole benefit of the Grantee.
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All the terms and provisions hereof shall be construed to effectuate the purposes set
forth in this Covenant Agreement and to sustain the validity hereof.
1. Covenant. Grantor and Grantee agree and declare that the covenants and
conditions contained herein touch and concern the land and shall bind and the
benefits shall inure to, respectively, Grantor and its successors and assigns and
all subsequent owners of the Property and improvements thereon, and to the
Grantee and its successors and assigns and all subsequent owners of the
Grantee's benefited property interests, subject to modification thereof as
specifically provided below. Each and every contract, deed or other instrument
hereafter executed conveying any portion or interest in the Property or
improvement thereon, shall contain an express provision making such
conveyance subject to the covenants and conditions of this Covenant
Agreement, provided however, that any such contract, deed or other instrument
shall conclusively be held to have been executed, delivered and accepted
subject to such covenants and conditions, regardless of whether or not such
covenants and conditions are set forth or incorporated by reference in such
contract, deed or other instrument.
2. Term. Grantor covenants and declares on behalf of itself and all heirs, assigns,
and successors in interests into whose ownership the Property and
improvements thereon might pass that the Property and improvements thereon
will be preserved and maintained in accordance with the restrictions and
obligations described in this Covenant Agreement for at least twenty (20) years.
It is the intent of the Grantor that such covenants shall supersede any prior
interests Grantor has in the Property and improvements thereon and shall run
with the land for the benefit of the Grantor, and be binding on any and all persons
who acquire any portion of, or interest in, the Property or improvements thereon.
Grantor and Grantee agree that Grantee shall have standing to enforce these
covenants.
3. Public Purpose. Grantor acknowledges that the facilities on the Property were
constructed for public purposes with funding from the Grantee, and Grantor
covenants that the Property will be used for the emergency youth shelter and
support services for runaway and homeless youth that constitutes the public
purpose of the Grant Agreement, and that the Property and improvements
thereon shall not be converted to a different status or use for a period of twenty
(20) years unless a full reimbursement to the Grantee of the award amount is
made to the Grantee.
4. Public Access. Grantor covenants that it and any successor in interest will
maintain the improvements on the Property for the emergency youth shelter and
support services for runaway and homeless youth that constitutes the public
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purpose of the Grant Agreement. The facilities on the Property shall be open
and accessible to the public at reasonable hours and times. Grantor shall notify
the public of the availability of use by posting and updating that information on its
website and by maintain at entrances and/or other locations openly visible signs
with such information. Fees for use of the facilities on the Property shall be no
greater than those generally charged by public operators of similar facilities in the
City.
5. Parties Bound. This Covenant Agreement shall benefit and be enforceable only
by Grantee and Grantor and their successors or assigns and shall not be
enforceable by any third parties.
6. Remedies. The Grantee, its successors, designees or assigns shall have the
following remedies against Grantor, its successors, designees or assigns for
violation of this Covenant Agreement:
a. Default. If Grantor fails to observe or perform any of the terms, conditions,
obligations, restrictions, covenants, representations or warranties of this
Covenant Agreement, and if such noncompliance is not corrected as
provided herein, then such noncompliance shall be considered an event of
default.
b. Notice of Default. Before the Grantee pursues a remedy against Grantor
for breach of this Covenant Agreement, the Grantee shall provide written
notice specifying the default to Grantor. Grantor shall thereafter have a
thirty (30) day period to cure such default (or if such default is not capable
of cure within thirty (30) days, such additional period as is reasonably
necessary for Grantor to complete such cure, provided that Grantor
commences cure within such thirty (30) day period and thereafter diligently
pursues it to completion).
c. Grantee's Remedies. The Grantee shall have available all remedies
under law and equity including but not limited to full reimbursement of the
award in the Grant Agreement, to wit: $500,000.00, and any other
remedies available in the Grant Agreement.
7. No Waiver. No delay in enforcing the provisions hereof as to any breach or
violation shall impair, damage or waive the right of the Grantee to enforce the
same or obtain relief against or recover for the continuation or repetition of such
breach or violation or any other breach or violation thereof at any later time or
times.
8. Miscellaneous Provisions.
8.1 Agreement to Record. Grantor shall cause this Covenant Agreement to
be recorded in the real property records of Spokane County, Washington.
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Grantor shall pay all fees and charges incurred in connection with such
recording and shall provide the Grantee with a copy of the recorded
document.
8.2 Time of the Essence. Time is of the essence of this Covenant Agreement
and of every provision thereof.
8.3 Notices. Notices, certificates, reports, or other communications shall be
deemed delivered on the third day following the date on which the same
have been mailed by certified or registered mail, postage pre-paid, return
receipt requested, or on the date on which the same have been personally
delivered with proof of receipt, at the addresses specified below, or at
such other addresses as may be specified in writing by the parties listed
below:
If to the City of Spokane Valley - Grantee:
City Clerk
City of Spokane Valley
10210 East Sprague Avenue
Spokane Valley, WA 99206
If to Volunteers of America of Eastern Washington and Northern Idaho -
Grantor:
Volunteers of America of Eastern Washington and Northern Idaho
525 West Second Ave
Spokane, WA 99201-4301
8.4 Severability. If any provision of this Covenant Agreement shall be invalid,
illegal, or unenforceable, the validity, legality, or enforceability of the
remaining provisions hereof shall not in any way be affected or impaired
thereby.
8.5 Amendments. This Covenant Agreement shall be amended only by a
written instrument executed by the Parties hereto or their respective
successors in title, and duly recorded in the real property records of
Spokane County, Washington.
8.6 Governing Law; Venue; Attorneys' Fees. This Covenant Agreement is
entered into in Spokane County, Washington. Disputes between Grantee
and Grantor shall be resolved in the Superior Court of the State of
Washington in Spokane County. Notwithstanding the foregoing, Grantor
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agrees that it may, at Grantee's request, be joined as a party in any
arbitration proceeding between Grantee and any third party that includes a
claim or claims that arise out of, or that are related to Grantor's services or
other actions under this Agreement. Grantor further agrees that the
Arbitrator(s)' decision therein shall be final and binding on Grantor and
that judgment may be entered upon it in any court having jurisdiction
thereof.
8.7 Reliance. The Grantee and Grantor hereby recognize and agree that the
representations and covenants set forth herein may be relied upon by
each other.
8.8 No Conflict with Other Documents. Grantee and the Grantor warrant that
they have not executed and will not execute any other agreement with
provisions contradictory to, or in opposition to, the provisions hereof, and
that in any event the requirements of this Covenant Agreement are
paramount and controlling as to the rights and obligations herein set forth
and supersede any other requirements in conflict herewith.
8.9 Sale or Transfer of the Property. Grantor agrees to notify the Grantee at
least thirty (30) days' prior to any sale or other transfer of Grantor's
ownership interest in the Property.
8.10 Captions. The titles and headings of the sections of this Covenant
Agreement have been inserted for convenience of reference only and are
not to be considered a part hereof. They shall not in any way modify or
restrict any of the terms or provisions hereof or be considered or given any
effect in construing this document or any provision thereof or in
ascertaining intent, if any question of intent shall arise. For clarity, the
section with the heading "Recitals" above are hereby incorporated by
reference herein.
8.11 No Third Party Beneficiaries. This agreement is made and entered into
for the sole protection and benefit of the Parties hereto and their
successors and assigns. No other person shall have any right of action
based on any provision of this Covenant Agreement.
[Signature Page Follows]
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IN WITNESS WHEREOF, Grantor and the Grantee have executed this Covenant
Agreement on the date set forth above.
Grantor: Volunteers of America of Eastern Washington and Northern Idaho
By: v (tt't
Its:
Grantee: THE CITY OF SPOKANE VALLEY, a municipal corporation of the State of
Washington
By: 7/Y —
Name: SEN.✓
Its: c.-r-y
[Notary Block on following page]
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STATE OF WASHINGTON )
)ss.
COUNTY OF SPOKANE )
On this 1 day of MOM 2024 before me, the undersigned, a
Notary Public in and for the State of Wasltlington, duly commissioned all sworn, personally
appeared Fa.W 0 W to me know to be the yv-e 4elm of
WyniftexS(fr krftvico. ct r-c4cotWer Q.MKtAtX"fit ie corporation that executed the foregoing
instrument, and acknowledged the 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/she is
authorized to execute the instrument.
WITNESS my hand and official seal hereto affixed the day and year in this certificate
above written.
Dated: 1 S j 01120Z'c"
AIISON U. VAUGHN•POIRIER (a,
Notary Public NOTARY PUBLI
State of Washington Residing at ge(J e-�VQA
Commission#20112166
My Comm. Expires Jul 31,2024 ` Print Name: ,�{1t5bn (A.V Mc )^S�1 yie+r
My Commission Expires: " 5 ,W.2A-
STATE OF WASHINGTON )
)ss.
COUNTY OF SPOKANE )
On this ~A day of IA 2024 before me, the undersigned, a
Notary Public in anq for the State of Washington,duly commissioned and sworn, personally
appeared,.(* l C \W to me know to be the C 1� 41,V10( r of
] Ci 4 i- xT 4 rtE the municipal corpor lion that executed the foregoing
instrument, d acknoiwledged the instrdrnent 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/she is
authorized to execute the instrument.
WITNESS my hand and official seal hereto affixed the day and year in this certificate
above written.
Dated: 51 e) a �
Aklea/2-VS0.7\
CANDICE P HENDERSON ' Oaf/4r Y ° LI C
NOTARY PUBUC#191323 ; Residing at 5 are \)a1,1 0
STATE OF WASHINGTON Print Name:
s COMMISSION EXPIRES My Commission Expires: ] 91-1-CQS-
APRIL 9, 2025
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RESTRICTIVE COVENANT AGREEMENT EXHIBIT A
LEGAL DESCRIPTION
LEGAL DESCRIPTION OF PROPERTY:
THAT PORTION OF LOTS 2 THROUGH 11 IN BLOCK 210 OF EAST
SIDE SYNDICATE ADDITION TO SPOKANE, ACCORDING TO THE
PLAT RECORDED IN VOLUME "C" OF PLATS, PAGE 73, BEING
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID BLOCK 210,
BEING HEREINABOVE DESCRIBED; THENCE ALONG THE NORTH
LINE OF BLOCK 210 SOUTH 89°52'20" EAST 250.19 FEET TO THE
NORTHEAST CORNER OF LOT 2 OF SAID BLOCK 210;
THENCE ALONG THE EAST LINE OF SAID LOT 2, SOUTH 00°09'14"
WEST 62.11 FEET TO THE TRUE POINT OF BEGINNING OF THIS
DESCRIPTION;
THENCE LEAVING SAID EAST LINE, NORTH 89°50'49" WEST 250.16
FEET TO THE WEST LINE OF SAID BLOCK 210;
THENCE ALONG SAID WEST LINE, SOUTH 00°07'10" WEST 187.77
FEET TO THE SOUTHWEST CORNER OF SAID BLOCK 210;
THENCE ALONG THE SOUTH LINE OF SAID BLOCK 210, SOUTH
89°49'52" EAST 250.04 FEET TO THE SOUTHEAST CORNER OF LOT 11
OF SAID BLOCK 210;
THENCE ALONG THE EAST LINES OF LOTS 11 AND 2 OF SAID BLOCK
210 NORTH 00°09'14" EAST 187.84 FEET TO THE SAID TRUE POINT OF
BEGINNING OF THIS DESCRIPTION;
SITUATE IN THE CITY OF SPOKANE,COUNTY OF SPOKANE, STATE
OF WASHINGTON.
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RESTRICTIVE COVENANT AGREEMENT EXHIBIT B
MAP OF PROPERTY
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PARCEL:35152.0308
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