Resolution 04-003 Declaring SurplusCITY OF SPOKANE VALLEY
SPOKANE COUNTY, WASHINGTON
RESOLUTION NO. 04-003
A RESOLUTION OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY
WASHINGTON DECLARING OPPORTUNITY TOWNSHIP HALL AS SURPLUS TO THE
PRESENT NEEDS OF THE CITY, AUTHORIZING A CONVEYANCE OF THE PROPERTY
TO THE SPOKANE VALLEY LEGACY FOUNDATION FOR USE AS A PUBLIC MUSEUM
WHEREAS, the City of Spokane Valley incorporated on March 31, 2003;
WHEREAS, through Resolution 3 -0790 of the Board of County Commissioners Spokane County
accepted the "Interlocal Agreement between Spokane County and the City of Spokane Valley Relating to
the Ownership, Funding, Operation and Maintenance of Parks, Open Space, Recreation Facilities and
Programs" that authorized the conveyance of properties to the City including Opportunity Township Hall;
WHEREAS, through City Resolution No. 03 -043 the City accepted the conveyance of park
properties and at a duly scheduled regular meeting on September 9, 2003 authorized the execution of the
above Interlocal Agreement by the City;
WHEREAS, Spokane County through Quit Claim Deed conveyed Opportunity Township Hall
and the related real property, generally known as Assessor's Parcel No. 2154 1 -01 10, to the City of
Spokane Valley (hereinafter the "Property ");
WHEREAS, through the Interlocal Agreement the City agreed to provide public notice and
comment when considering the conveyance of a transferred property;
WHEREAS, on or about January 22, 2004 the City received from the Spokane Valley Legacy
Foundation (the "Foundation ") a request to transfer the ownership of Opportunity Township Hall for the
purpose of establishing a local heritage museum. The Foundation represented to the City that it has been
collecting, preserving and exhibiting the history and culture of Spokane Valley and desires to establish
within the City a museum to display the collected artifacts and explain the culture of the Spokane Valley;
WHEREAS, the Foundation represents it has obtained and will continue to be actively involved
in obtaining public and private ftinding to support the museum;
WHEREAS, the Foundation represents that the museum shall be made available to the public and
managed by a private non - profit corporation both incorporated in the State of Washington and recognized
as tax exempt by the IRS;
WHEREAS, the Foundation's request to the City contained supporting documentation including a
mission statement, organization and planning statement, financial plan and a budget all of which have
been filed with the City Clerk and are by this reference incorporated herein;
WHEREAS, when Opportunity Township Hall was conveyed to the City the building on the
Property had been designated as a historic landmark through Board of County Commissioner Resolution
96 -104 with the further understanding that the historic landmark would be maintained consistent with
management standards set forth in the "Secretary of the Interior's Standards for Rehabilitation and
Guidelines for Rehabilitating Historic Properties (Revised in 1983)" in accordance with the Findings of
Fact and Decision by the Spokane Landmarks Commission, dated April 17, 1996;
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WHEREAS, the City desires to maintain Opportunity Township Hall as a historic property for the
benefit of the citizens of the City of Spokane Valley and thereby preserve the building's cultural heritage
and historical significance;
WHEREAS, the designation by the Landmarks Commission provides that the exterior facade of
the building may not be altered without First obtaining permission from the Landmarks Commission;
WHEREAS, the City has investigated the condition of the Property, its present and future use and
believes the past rental history indicates the Property does not generate significant sums of money nor
will its transfer to the Foundation unreasonably displace users of park properties within the City
especially since the City is proceeding to construct a Community Center at Mirabeau Point;
WHEREAS, the City Council, based upon the representations of the Foundation, finds and
concludes that a museum for the benefit of the City is a public asset and appropriate use of Opportunity
Township Hall provided certain conditions are fulfilled that will benefit the City and its citizens;
WHEREAS, through a property transfer to the Foundation the City will receive as consideration
the following promises and performance set forth below including the preservation of a historic property
at private expense;
WHEREAS, the City published notice of public hearing on this Resolution on February 13, 2004
with the public hearing held before the City Council on February 24, 2004 at. 6:00 p.m. in the City
Council Chambers.
NOW THEREFORE, be it resolved by the City Council of the City of Spokane Valley, Spokane
County, Washington as follows:
This Resolution shall be deemed a joint Statement of Intent for Use of Opportunity "Township
Hall by both the Spokane Valley City Council and through acceptance of the Quit Claim Deed and use of
the Property by the Spokane Valley Legacy Foundation. The documents set forth in the public record
lodged with the City Clerk for the City of Spokane Valley are hereby incorporated by reference as if fully
set forth herein and shall support both the Statement of Intent and the authorised conveyance by the City.
The Spokane Valley Legacy Foundation, upon the acceptance of the Quit Claim Deed and use of
Opportunity "Township Hall (and the property), agrees to the following conditions:
(1) Design, construct (including repair and remodel), maintain and operate the Property and
Opportunity Township Hall as a public museum that displays historical artifacts and provides
historical/cultural information that primarily relates to the historical development of the Spokane Valley;
(2) Maintain Opportunity Township Hall pursuant to Board of County Commissioner Resolution
96 -1054 including the interior of the building in a safe and habitable condition pursuant to local, state and
federal law;
(3) Maintain a 501(c)(3) non - profit federal tax status and corporate existence in the State of
Washington;
(4) That it will not voluntarily place a mortgage or monetary lien which could lead to acquisition
of the Property by creditors;
Resolution 04 -003 Opportunity Toamship Hall Page 2 of 3
(5) Perform acts that are consistent with the representations made by the Legacy Foundation to
the City as set forth in the public record as of the date of adoption of this resolution; and
(6) Continue the above described uses on the Property unless otherwise agreed through the
express written authorization of the City Council.
Pursuant to the above conditions, the City Council authorizes the City Manager to execute all
necessary documents to complete the conveyance and provide for the assumption, ownership and control
of the Property by the Spokane Valley Legacy Foundation. The City does not warrant, either express or
implied, the suitability of the Property or any improvements for a particular purpose with the Foundation
tttking the Property `gas is." In the event the above conditions of transfer are violated, in the reasonable
judgment of the City Council, the Foundation shall reconvey the Property and all improvements to the
City within thirty (30) days of a demand for such reconveyance.
Adopted this 20 day of February 2004.
City of Spokane Valley
A i chael ng, May r
ATTEST
( C-Kristine Bainbridge, City Clerk
Approved as to form:
r�
Sta ey M. I rtz, City Attorney
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