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ZE-20-73 (2)1 AGENDA,( MARCH 9, 1973 SPOKANE4!COUNTY PLANNING COMMISSION Time: Place ZONE CHANGE 3 SZ +EdG.Urrt_,,,,aM ltiple Family Suburban to Local Business, (Continued from February 9, 1973) a. Location: b. Applicant: c . d. e. f. g. Site Size: Existing Zoning: Proposed Zoning: Proposed Use of Property: Application of Zoning Provision: Section 17,Township 25 N. ,Range 44,E.W.M. The North 60 feet of the South 185.5 feet of the East 1/2 of Tract 143, Opportunity, except the West 145 feet thereof. The North 129.5 feet of the South 315 feet of the East 1/2 of Tract 143, Opportunity, except the West 75 feet thereof. David T. Hamer South 2418 Perry Street Spokane, Washington Approximately 36,600 square feet Multiple Family Suburban, est. August 13, 1970 Local Business North's Chuck Wagon Restaurant Chapter 4.21, Section 4.21.040 I I Oust:mil r suatM i 8 v 4 U. W v Friday, March 9, 1973, 9:00 A.M. Conference Room A, Court House Annex (Use Mallon Avenue entrance) —3— TELEPHONE NO.: 456 -2274 Noar4 Stat.t r t "= 2 coo •0 • ZONE CHANGE ZE- 20 -73, MULTIPLE FAMILY SUBURBAN TO LOCAL BUSINESS: HAMER (Continued from February 9, 1973) Planning Commission Recommendation: Approve to Local Business Zone, subject to the following conditions: A. Conditions: MINUTES March 9, 1973 1. Dedication and improvement to Spokane County standards of the East 10' of the ownership along Farr Road for right of way. (Improvements shall include curb, sidewalk, drainage control, and paving to existing oil.) 2. Dedication of a 20' curb radius at the northwest corner of Sprague Avenue and Farr Road. 3. Approval of access by the Spokane County Engineer's Office. 4. The subject property shall be developed in substantial con- formance with the "approved" plot plan on file with the application. An automatic sprinkler system shall be installed to serve the landscaping on the premises. 5. The Director of Planning shall approve a specific exterior lighting and signing plan for the restaurant project prior to such installations. (Such plan shall attempt to confine illumination to the business area with full consideration to adjacent residential properties. Advertising structures shall be oriented to Sprague Avenue. 6. All areas used for access, egress, parking, and circulation shall be maintained in hard surface paving. The design, location, and arrangement of parking stalls shall be in accordance with standard traffic engineering practices. 7. Installation of fire hydrants in accordance with the require- ments of the Spokane Valley Fire Marshal. B. Reasons: 1. The advertised parcel lies north and east of areas which have been zoned Local Business since 1962. The Planning Commission is of the opinion that the restaurant proposal would allow a logical and appropriate extension of the Local Business area. - 3 - (contd.) ZE -20 -73 - MULTIPLE FAMILY SUBURBAN TO LOCAL BUSINESS (contd.) 2. The Planning Commission is of the opinion that the conditions of approval will insure a greater degree of compatibility of the project with the residential neighborhood to the north. C. General Data: 1. Location: 2. Applicant: 3. Site Size: 4. Existing Zoning: 5. Proposed Zoning: 6. Proposed Use of Property: 7. Application of Zoning Provision: Section 17,Township 25 N. ,Range 44,EWM. The North 60 feet of the South 185.5 feet of the East 1/2 of Tract 143, Opportunity, except the West 145 feet thereof. The North 129.5 feet of the South 315 feet of the East 1/2 of Tract 143, Opportunity, except the West 75 feet thereof. David T. Hamer South 2418 Perry Street Spokane ,.Washington Approximately 36,600 square feet Multiple Family Suburban, established August 13, 1970 Local Business North's Chuck Wagon Restaurant Chapter 4.21 , Section 4.21,040 7 3A- AGENDA, FEBRUARY 9, 1973 SPOKANE COUNTY PLANNING COMMISSION TELEPHONE NO.: 456 -2274 Time: Friday, February 9, 1973, 9:00 A.M. Place: Conference Room A, Court House Annex (Use Mallon Avenue entrance) ZONE CHANGE 7. ZE- 20 -73. Multiple Family Suburban to Local Business a. Location: Section 17, Township 25 N., Range 44, E.W.M. The North 60 feet of the South 185.5 feet of the East 1/2 of Tract 143, Opportunity, except the West 145 feet thereof. The North 129.5 feet of the South 315 feet of the East 1/2 of Tract 143, Opportunity, except the West 75 feet thereof, Spokane County, Washington. b. Applicant: David T. Hamer South 2418 Perry Spokane, Washington c. Site Size: Approximately 36, 600 sq. ft. d. Existing Zoning: Multiple Family Suburban, established August 13, 1970. e. Proposed Zoning: Local Business f. Proposed Use of Property: North's Chuck Wagon Restaurant g. Application of Zoning Provision: Chapter 4.21, Section 4.21.040 J I VRLLEYa/ r v W 2 N SPRACau LZ I t? 4,E, 7. No *TH tCfI.c$ 4 " = loots' "ONE CHANGE ZE -20 -73 - MULTIPLE FAMILY CUBURBAN TO LOCAL BUSINESS: HAMER Planning Commission Recommendation: Continue to the March, 1973 hearing to allow the applicant to work out access problems with the Spokane County Engineer and to submit more specific plans which would include land- scaping, lighting, signing, etc. Reasons: The Planning Commission is of the opinion that more information regarding access, landscaping, lighting, etc. will be required before renderinc a decision. General Data: 1. Location: Section 17, Township 25 N., Range 44, E. The North 60 feet of the South 185.5 feet of the East 1/2 of Tract 143, Opportunity, except the Vest 145 feet thereof. The North 129.5 feet of the South 315 feet of the East 1/2 of Tract 143, Opportunity, except the Vest 75 fee thereof, Spokane County, •iashington. 2. Applicant: David T. Hamer South 2418 Perry Spokane, Washington Approximately 36,600 sq. ft. Multiple Family Suburban, established August 13, 1970 Local business North's Chuck Wagon Restaurant 3. Site Size: 4. Existing Zoning: 5. Proposed Zoning: 6. Proposed Use of Property: 7. Application of Zoning Provision: MINUTES February 9, 19/3 Chapter 4.21, Section 4.21.040 :,IGHT OF WAY DEED IN THE MATTER of the. FARR ROAD _ N 1201 .. :Nir» ALL MEN BY THESE PRESETS, That and his iAjfe, of the County of Spokane. in the State of Washington, in consideration of the benefits and other valuably, considerations, and the S of the receipt whereof is hereby acknowledged, have granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell and convey unto said Spokane County, the following described parcel of land, situated in Spokane County, in the State of Washington, to-YU: I . ., ^, « : __ -._ ._ said C._.....: l tl:= pro;..a, af' tl,_ g: :.:is li._ s. id 1 , . F,- 1=2.1, a_ :;n^ fThld .cti: ?n. t el official pk 6hev oa -f-i-le .. . S r. : .._t.. The East 10.00 feet of the tvr : ;(2)3'frlhowing described Parcels of Property; 1: The North 129.5 feet of' the South 315.0 feet of the cast One Half of Tract 143 of Opportunity, except the 'siest 75.0 feet thereof. Parcel No. 2: The North 135.5 feet of' the South 185.5 feet of the cast One Half of Tract 143 of' Opportunity, except the Best 145.0 feet and except that portion lying within the G.N.R.R. Right of ' vested to Spokane County Dollars, paid by the County of Spokane, of Section 17 Township 25 \n”th, Rance 44 - E.W.M. ' TO HAVE AND TO HU{L the same, unto the said Spokane Comity for the purposes of a public rows forever. r In witness whereof I e have hereunto set d 0 v" }hurls and seal this -> • d�:v of : 1 t1 1 Y s3 L3• ! °� r /� % f/ r it c . 7 — \ /7 / %7i' /:i , " t (NOTE If married, must he signed by both husband and wife. ) ∎:.,- i.U.7/6 ( • 7 , i %.-vr2 / 'or 6558 i'�GHT O. WAY HEED Parcel No. 2: Fora E55R Z30727S02SV f � "t N IN THE MATTER of the FARR ROAD G ' ft ft'C(9V ALL MEN BY THESE PRESENTS, Thati lliaf A i:! .t David T. Maher and Susan A. Ham_.. if `j nfl L f- No. 1201 To sbari and Margaret K. Tolz'ca.ri, his his wife, of the County or Spokane, in the State of Washington, in consicleration of the benefits and other aluable considerations, and the siu;i dr One and no /100 Dollars paid rhea by the County of Spokane, the receipt thereof is hereby acknowledged, have granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell and convey unto said Spokane County, the following described parcel of la, situated in Spokane County, in the State of Washington, to-Ct.: : Zak or ::rucl, of _..� �.r�, - -= �. ;l._ te rra :' _; 'c_.. _thin r..irl on E - t!, -Rote_ and and --tha o1fie- la1- plat-the, 'e f$!' ::1:' dric:rrn...tier.:Cl r_:::.. a: _ _.. th-the.=-&-ITice-sf The East 10.00 feet of the twc..(2y fc1iowin described Parcels of Property; Parcel No: 1: The North 129.5 feet of the South 315.0 Peet of the East One Half of Tract 143 of Opportunity, except the Vest 75.0 feet thereof. The North 135.5 feet of the South 185.5 feet of the East One Half of Tract 143 of Opportunity, except the Vest 145.0 feet and except that portion lying within the G.N.R.R, Right of ';ay vested to Spokane County n&Ci c.-u:t l,s:aso of Section 17 ; 'founsL i^ 25 North, Wit 4 ge F.W.M. TO HAVE AND TO HOTJ) the same, unto the said Spokane County for the purposes of a public read forever. in . aitness thereof /1 r have hereunto sec hand and seal this clay of , flttu G 9.c_ County REQUEST OF y t;ngar er r� J .JUL CU a VEtRNQii UdtA7iL.l rrn2 , yr c4 .t1AS� fEPU7Y — ,?; cce-: - ��a,vo —J sn�yrc,!LCJ i //, .,. 6 .1\ >d fEV'. If ;nurried, must he signed by both husband and wife. c:( ;V,: : : �. l , L.( • • -7- _ xxx L.) c4F 5 - .7:77 'SP 4) a 4 VE RECEIVED JAN 1 1 1973 • 4°1 L #‘1 =79 — — 72 SPOKANE COUNTY PLANNING COMMISSION PA P 5 0 • - ".• , //o^r/ s CAI.L/C/rc_VIJ 00,tij _ ti--e rr -A =tip • HOME OFFICE, TACOMA, WASHINGTON PERFORMANCE BOND Tire American Institute of Architects, AIA Document A311, February 1970 Edition.. • :NOW ALL MEN BY THESE PRESENTS that (Here insert full name and address or legal title of Contractor) RON VALIQUETTE Rte. 10, Box 100, Spokane, Washington 99204 s Principal, hereinafter called Contractor, and, UNITED PACIFIC INSURANCE COMPANY, a corporation, of the Stare of Washington, v:th its Home Office at Tacoma, Washington, as Surety, hereinafter called Surety, are held and firmly bound unto (Here insert fun name and address or legal title of Owner) as Obligee, hereinafter called Owner, in the amount of - One Hundred Seventy — three Thousand, One Hundred Fifty — six and 50/100 plus sales tax Dollars 15 173,156.50 ), for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, Jointly and severally, firmly by these presents. WHEREAS. Contractor has by written agreement dated June 25 19 73 , entered into a contract with Owner for North's Chuck Wagon at East Sprague & Farr Road, Spokane, Washington In accordance with Drawings and Specifications prepared by (Here insert fun name and address or legal tide of Architect: Frank Y. Toribara, A.I.A. , Spokane, Washington which contract is by reference made a part hereof, and is hereinafter referred to as the Contract NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. - The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly 1) Complete the Contract in accordance with its terms and conditions, or 2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there should be a de- fault or a succession of defaults under the contract or contracts of cornpletidn arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding. including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto. less the amount nron•.•1y paid by Owner to Contractor. - Any suit under this bond must be instituted before the expiration of tyro (2) years from the date on his` fir•.at namme::: under ;he contract falls due. - right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein 0 the heirs, executors, administrators or successors of Owner. Signed and sealed this ;Witness) Performance Bond Revisod to February, 1970 SB 5715a. (11 Printed o U.S.A SOU-2304 ED 7.71 25th (Witness) Lois Stewart TOMBARI & HAMER PARTNERSHIP William A. Tornbari-David T. Hamer r`nnri Nn U 75 67 07 day of Jytr.2 2 \ m 73 ■ Ron Valia'uatte ! — (Seal) (Title) • n U IEm INSU COMPANY / ( Richard W. Merrill,Afd4''R1ey -in -Fact ll PACIFIC II\TSTTfA•TCE COMPss2T :Z' HOME OFFICE, TACOMA, WASHINGTON - -- KNOW ALL MEN BY THESE PRESENTS: that (Here insert full name and address or legal title of Contractor) WHEREAS, Principal has by written agreement dated. Owner for LABOR AND (MATERIAL PAYMENT BOND . The American Institute of Architects, - AIA Document A311, February 1970 Edition. North's Chuck Wagon at East Sprague & Farr Road, Spokane, Washington in accordance with Drawings and Specif ications prepared by (Hare insert full name and addressor legal title of Architect) Frank Y. Toribara, A.I.A„ Spokane, Washington which contract is by reference made a oart hereof, and is hereinafter referred to as the Contract. THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE • OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT!'.' • -• . r I RON VALIQUETTE Rte. 10; Box 100, Spokane, Washington 99204 as Principal, hereinafter called Principal, and, UNITED PACIFIC INSURANCE COMPANY, a corporation of the State of Washington, • with its Home Office at Tacoma, Washington, as Surety, hereinafter called Surety, are held and firmly bound unto (Here insert full name and address or legal title of Owner) TOMBARI & HAMER PARTNERSHIP William A. Tombari -David T. Hamer - as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of One Hundred Seventy -three Thousand, One Hundred Fifty - six and 50 - plus sales tax Dollars (S. 173, 156.50 ), for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. June 25 19 73 , entered into 'a contract with NOSY, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Princio.a shall promptly rna.e C,ymcnt to all claimants as hereinafter defined, for all Tabor and material used or reasonably required for use in the performance of tne'Contract, linen this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: . I. A cla•rnant is defined as one having a direct contract with the Principal or with a Subcontractor of the Principal for labor, material, or both, used or reasonably required for use in the pertormance of the Contract, labor and material being construed to in- clude that part of water, gas, power. light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed. or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as rnay be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. . 3. No suit or action shall be commenced hereunder by any claimant: a! Uniess claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the following: the Principal, the Owner, or the Surety above n amed, - within ninety (90)- days-after such claimant did or performed•thelast of the work or labor, or furnished the last - of the materials for which said claim is made, stating with'substantiai accuracy the amount claimci and the name of the party to whom the materials were furnished. or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the transaction of business, or served in any manner in which tral process may be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer. - - - - b) After the expiration of one (71 year following the date on which Principal ceased work on said Contract, it being understood, hosvever,that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such_ limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. c) Other than in a state court of competent jurisdiction in and for the county other political subdivision of the state in which the - - project, or any part thereof, is situated, or in the United States District Courtfor the district in which the project, or any part thereof, is situated, and not elsewhere. 4, The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, in- clusive of the payment by Surety of mechanics' liens which may be filed of record against said improvement, whether or not claim for the amount of such lien be presented under and against this bond. Signed and seated this 25th I/ oo1,7 .0 (witness) Labor and Material Payment Bond Revised to February. 1970 58 5715a.t (2) Printed in U.S.A. \ DU 2004A — ED. 7 -71 day of June - 19- 7 .3 Ron aliauetla (Principal) • !Seal) (Title) ' _ _ - UNITED PACIFIC INSURANCE COMPANY 1 \ yam/ / (Witness) Lois Stewart iii-chard W. Merrill - RTo -tn -fact THE AMERICAN INSTITUTE OF ARCHITECTS A1A Document A1O1 Standard Form of Agreement Ee v:een Owner and Contractor where the basis of payment is a STIPULATED SUM Use only with the latest Edition of AIA Document A201, General Conditions of the Contract for Construction AGREEMENT made this Hundred and BETWEEN 25th day of Seventy -Three June TO„3ARI 5 II L=R PART_IERSiIIP William A. Tombari David T. Hamer Ron Vaiiquette - General Contractor The Owner and the Contractor agree as set forth below. A1. DOCUMENT A101 • OWNER- CONTRACTOR AGREEN\ENT • SEPTEMBER 1967 EDITION • AIA OO ©1967 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N. Y. AVE., N.W., WASH., D. C. 20006 in the year of Nineteen the Owner, and the Contractor. ARTICLE 5 CONTRACT SUM Th C't.'nor shall pay the Contractor for the performance of the Work, subject to additions and deductions by Change Order as provided in the Conditions of the Contract, In current funds, the Contract Sum of Three Thousand, One Hundred tax (5%) $173,156.:50 (One - Hundred Seventy ..:and 50 /100's Dollars) plus sales (State here the lump sum amount, unit , prices, or both, as desired) $138,.499.00, plus sales tax (5 %) of which the contract Sun . is covered with 100% payment bond. In addition to basic contract of $133,499.00, the following will be included in the $173,156.50 price: Demolition * Landscaping (allowance) Asphalt Having catch basin liners PLUS Sprinkling system w/time SSA.: S TAX 5% control Fence chain link, wood slats Concrete sidewalk, curbs, approaches In addition to the S133,499.00, plus Allowance for interior wall paneling including sales tax Water meter by water company and /or *Landscaped plan on subject property by the architect, and the architect owner will prior to commencement of amount of total landscape contract- $ 1,650.00) 1,500.00) ) 20,535.10) 1,552.50) 3,020.00) ) 6,400.00) sales tat (5 %) is $2.50 per sheet owner. is to be submit fee is included landscape agree 6 owners also AIA DOCUMENT A101 • OWNER- CONTRACTOR AGREENIENT • SEPTEMBER 1967 EDITION • AIAOO ©1967 THE AMERICAN INSTITUTE OF ARCHITEC15, 1735 N Y. AVE, N W., WASH., D C. 20006 Fifty S.ix 4'53'x3/16" ted at a later date in the allowance, and in writing on the reserve right to PROGRESS PAYMENTS Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as pro- vided in the Conditions of the Contract as follows: On or about the 25th day of each month ninety (90%) per cent of the proportion of the Contract Sum properly allocable to labor, materials and equipment Incorporated in the Work and njnet (90 %) per cent of the portion of the Contract Sum properly allocable to materials and equipment suitably stored at the site or at some other location agreed upon in writing by the parties, up fo the 25th day of that month, less the aggregate of previous payments in each case; and upon Substantial Completion of the entire Work, a sum sufficient to increase the total payments to 100% per cent of the Contract Sum, less such retainages as the Architect shall determine for all incomplete Work and unsettled claims. • (Here insert any provisions made for limiting or reducing the amount retained alter the Nark reaches a certain stage of completion ) (Continuation of Article 5) *negotiate landscaping contract direct with any landscaper. The $1,500.00 landscaping allowance is reserved for the person doing the landscaping. 3 This Agreement executed the day and year first written above. OWNER " / '�e�71 i� 2 4 CONTRACTOR AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • SEPTEMBER 1967 EDITION • AIA© 5 C1967 THE AMERICAN INSTITUTE OF ARCFII FECES, 1735 N. Y AVE., N.\N., WASH., D C. 20006 L1b2;10, s4 e17 %_. V—c _ Cur - X L. = c /s . o= o =. 6 - 70. 26 4 v - - � 1�' TAG . 2 4 7e - 7 e.L 1- \ c) c 2 „ . 1 :J._ • 2 1 . - i... ,,_, ., ( i- :1 . C : e : :I :'1 .7e--- ' P it: ci Ll...rt. xi tt 1,12 . PT' yi - ..1 • i• v =a c -4 ,--- ...; •• •i• 73 r -rr ' f : t4 : . '±.: l'i. 1::. • t- _ --. - '11.2 4_ 71 , : l ;21 : FN1 : 1 1 -1 1:: . ii •,3 Z' ■.- • 0 L : r t ' y -i_ tu 4 1,1 .2. . ,z, z 4-- 4 U._ •-- NI . , -- • 42: 5,1 i; • .e 1_1 7.1.1._ i- (-) - L C: ■r c 1. - r-- • - , - c -.1-r . I 1/4/ . in r , t i.L. .. , , ;-.± 1 ri 1 -I ‘7 121 • p.. - I....i ‘`.-7 • - . ‘ 0 :- In 0 IL." 4-. i tl il; 'a• . 44 •••! 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