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2009, 04-28 Memo - Transfer of PropertyE mil' OFFICE OF THE CITY ATTORNEY MICHAEL F. CONNELLY - CITY ATTORNEY CARY P. DRISKELL - DEPUTY CITY ATTORNEY 11707 East Sprague Avenue Suite 103 ♦ Spokane Valley WA 99206 509.688.0235 ♦ Fax: 509.688.0299 ♦ cityattorney@spokanevattey.org Memorandum To: Mayor Rich Munson; Members of the City Council; Dave Mercier, City Manager; Mike Jackson, Deputy City Manager From: Mike Connelly, City Attorney CC: Date: April 28, 2009 Re: Spokane Valley Legacy Foundation I have completed my review of the documents pertinent to the transfer of property to the Spokane Valley Legacy Foundation for the purpose of operating a museum. The documents are discussed in chronological order below. There is no mention of any existing easement or the preservation of an easement to allow traffic to circulate between Sprague and the alley located behind the existing buildings in any of the documents. 1. Spokane County acquired Title to Lot 10 and 11 of the Property in question pursuant to Quit Claim Deed on November 20, 1990, from the Opportunity Township. (See title report issued by Transnation, Tab 1) 2. On November 5, 1996, the Spokane County Commissioners passed a resolution designating the Opportunity Town Hall as a historical landmark and agreed to maintain the Property in a manner consistent with guidelines governing historic buildings. This resolution followed a declaration by the Spokane Historic Landmarks Commission recommending the same. (See Tab 2) 3. On September 2, 2003, the City of Spokane Valley and Spokane County entered into an Interlocal Agreement relating to the ownership, funding, operation and maintenance of parks, open space, recreation facilities and programs. (See Tab 3.) The Property in question was transferred to the City of Spokane pursuant to this Agreement by Quit Claim Deed. (See Tab 4.) On the same date the County Approved the Interlocal by resolution. (See Tab 5.) 4. On February 3, 2004, the City Council for the City of Spokane Valley received a report indicating that the Spokane Valley Legacy Foundation requested that the City deed the property in question to that non - profit organization for the purpose of establishing a local museum. Council set a public hearing for this issue for February 24, 2004. (See minutes, The City of Spokane Valley Request for Action form, and documents submitted by the Spokane Valley Legacy Foundation that were a part of the official clerks record for the February 3, 2004, meeting, at Tab 6) 5. Notice of the Public Hearing was published in the Spokesman Review on February 13, 2004. (See Tab 7.) 6. The matter was discussed by Council on February 14, 2004, and brought forward to February 24, 2004, meeting agenda. (See minutes of Study Session dated 2- 17 -09, Tab 8) 7. On February 24, 2004, the City Council approved Resolution No. 04 -003 declaring the property to be surplus and authorizing the convenience to the Spokane Valley Legacy Foundation for use as a public museum. The foundation agreed to: a. 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; b. 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; c. Maintain a 501 (c) (3) non - profit federal tax status and corporate existence in the State of Washington; d. Not voluntarily place a mortgage or monetary lien which could lead to acquisition of the Property by creditors e. 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 f. Continue the above described uses on the Property unless otherwise agreed through the express written authorization of the City Council. (See resolution and minutes of the February 24, 2009, meeting, Tab 9.) 8. On March 11, 2004, the City recorded the Quit Claim Deed conveying the Property to the Spokane Valley Legacy Foundation. The Deed contains an automatic reversion if the Property is not used in conformance with Resolution No. 04 -003.( See Tab 10) I ISSUED BY TRANSNAnON TITLE INSURANCE COMPANY ,, COMMITMENT FOR TITLE INSURANCE - Transnat on LAND�1', CA COMPANY Prepared for: CITY OF SPOKANE VALLEY ATTN: BILL 11707 E. SPRAGUE - STE. 106 ,RE: OrderiNo.: ME- 259385 Customer .Ref,:_ w PO ft3,07,5_0_PPTv -_ _. Transnation,Title: Insurance Company, an Arizona Corporation, herein called the Company, for a valuable consideration; hereby commits; to °issue its policy or policies of title insurance, as identified in Schedule Ai in of.the insured named in Schedule A, as owner or mortgagee of the estate or iriterest covered i hereby, -in the land described or referred to in Schedule A, upon payment of the premiums and charges;therefor; all subject the exceptions and conditions and stipulations shown <: herein; thd!Exclusions.ftom Coverage, the-Schedule B exceptions, and the conditions and stipulations of the policy_;or (See reverse side of this cover and inside of back cover for printed . Exclusions fromCoverage. and'Schedulb;B'exceptions contained in various policy forms.) 1 , I f, z F This Commitmentishall.be effective only when the identity of the proposed Insured and the amount of this policy o�-policies�committed for -have been inserted in Schedule A hereof by the Company, either,at'ahe °time of the issuance of: this�Commitment or by subsequent endorsements and is subject to the Conditions and Stipulations on the back of this cover. This, Corrimitmentlis :preliminary,to,the, issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate six months after the effective date hereof or"-when the' policy or policies for shall issue, whichever first occurs, provided that the failure'to'issue such policy,or policies is not the fault of the Company. IN WITNESS WHEREOF, TRANSNATION TITLE INSURANCE COMPANY has caused its corporate - name and seal be hereunto affixed by,its duly authorized officers on the date shown in Schedule A. NOTE: THE POLICY COMMITTED.FOR MAY BE EXAMINED BY INQUIRY AT THE OFFICE WHICH ISSUED THE COMMITMENT, AND A SPECIMEN COPY OF THE POLICY FORM (OR FORMS) REFERRED TO :IN THIS COMMITMENT WILL BE FURNISHED PROMPTLY UPON REQUEST. TRANSNATION TITLE INSURANCE COMPANY N �aCORPOR�l 3 I 0 / President z a� 1 SEPT. 16, 1991 i '4k%-- Attest: �` ZON `� sw �� Secretary TRANSNATION TITLE INSURANCE COMPANY 105 W. 31D SPOKANE, WASHINGTON 99201 (509) 922 -2222 Fax (509) 926 -1519 Prepared for: —t CITY OF SPOKANE VALLEY M Title Officer ATTN: BILL merwin @landam.com 11707 E. SPRAGUE - STE. 106 RE: Order No.: ME- 259385 Customer Ref: PO #3075 OPPTY. TOWNSHIP HALL SCHEDULE A EFFECTIVE DATE: March 11, 2003 at 8:00 A.M. 1. Policy or policies to be issued: Amount (a) ALTA Owner's Policy $100,000.00 Premium $500.00 Tax (exempt) (Standard) Proposed Insured: CITY OF SPOKANE VALLEY. 2. Title fee simple estate or interest in said land is at the effective date hereof vested in: SPOKANE COUNTY by Quit Claim Deed recorded November 20, 1990 under Auditor's File Nos. 9011200217 and 9011200218. 3. The land referred to in this Commitment is situated in the County of Spokane, State of Washington, and described as follows: Lots 10 and 11 in Block 165 of OPPORTUNITY as per plat thereof recorded in Volume "K" of Plats, page 20; Situate in the County of Spokane, State of Washington. END OF SCHEDULE " A " THE FOLLOWING INFORMATION IS PROVIDED FOR CONVENIENCE ONLY: (Parcel Nos. 45211.0110 and 0111) [Abbreviated Description: L10 -11 B165 OPPTY.] Page 1 of 3 Order No. ME- 259385 SCHEDULE B REQUIREMENTS. Instruments necessary to create the estate or interest to be insured must be properly executed, delivered and duly filed for record. EXCEPTIONS.. Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company. A. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed Insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. B. Standard exceptions set forth in inside of back cover. C. Special exceptions: 1. Real Estate Excise Tax pursuant to the authority of RCW Chapter 82.45 and subsequent amendments thereto. As of the date herein, the tax rate for said property is 1.78 %. 2. General taxes, as follows, together with interest, penalty and statutory foreclosure costs, if any, after delinquency: (1st half delinquent on May 1; 2nd half delinquent on November 1) Tax Account No. Year Amount Billed Amount Paid Principal Balance 45211.0110 2003 $40.00 $00.00 $40.00 (L10 /Blk 165 Oppty.) 45111.0111 2003 $25.00 $00.00 $25.00 (L10 /Blk 164 Oppty.) (The above taxes include Aquifer Protection and Stormwater fees) 3. The land herein described is carried on the tax rolls as exempt, however, it will become taxable from the date of execution of a conveyance to a taxable entity and subject to the lien of real property taxes for the balance of the year 2003. Tax Account Nos.: 45211.0110; 0111 4. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: BETWEEN: Modern Electric Water Company AND: D.K. McDonald and others DATED: November 4, 1905 RECORDED: November 6, 1905, Book " E " of Contracts, page 267 RECORDING NO.: 131084 REGARDING: Providing for construction of ditches, flumes, water pipes, etc.; erecting poles and electric distribution lines, with right of ingress and egress to maintain said pipes, lines, etc.; and providing for lien for unpaid charges for such service. Page 2 of 3 Order No. ME- 259385 END OF EXCEPTIONS INVESTIGATION SHOULD BE MADE TO DETERMINE IF THERE ARE ANY SERVICE, INSTALLATION, MAINTENANCE OR CONSTRUCTION CHARGES FOR SEWER, WATER OR ELECTRICITY. IN THE EVENT THIS TRANSACTION FAILS TO CLOSE, A CANCELLATION FEE WILL BE CHARGED FOR SERVICES RENDERED IN ACCORDANCE WITH OUR RATE SCHEDULE. NOTE 1: This property may be subject to a charge by Spokane County for sewer construction, referred to as a Capital Facilities Rate (CFR) This charge is in addition to the monthly charge for sewer services. Please contact the Division of Utilities Billing Section for information (509) 477 -3604. NOTE 2: According to the application for title insurance, the proposed insured(s) is /are City of Spokane. We find no pertinent matters of record against the name(s) of said party(ies). NOTE 3: Property Address: Oppty. Township Hall. For verification of address, please call the City Public Works Department at 625 -6300 or the County Public Works Department at 477 -3675. NOTE 4: Unless otherwise requested, the forms of connection with this commitment will be ALTA case of standard lender's coverage, the CLTA 1990. 'The policy committed for or requested at the office which issued the commitment. policy form (s) referred to in this commitment upon request. NOTE 5: Transfer to be made pursuant to statute. ENCLOSURES: Paragraph.(s) 4 Veradale Sketch sac policy to be issued in 1992 policies, or, in the Standard Coverage Policy - may be examined by inquiry A specimen copy of the will be furnished promptly Page 3 of 3 7, K, - ,•PQl.Lt3"cQry:UCStcv - usr+an '�•� "� D gtiurtor (1 /-' .2 Fart Ilal[ (1/') of the Southno:L Quarter (1 /n),andthe Ea-It t d Lho o .• ' Quart of the .2 Half (1/2) of ti,-; joutheost %Wartor (1 /4) of 3oetioti aevontoon (17), , and the South !lair (1/2) unrl time Tait I:alf (lA) of tile IlorLhxest Q�nrcer (1 /4) of 3oc '.to •• i Sistean (1G), and ,the vinst 1 (1J?) of [ > °c ti on r'1[teon (15), and all of the A ): x°st ;; ti ",.quarter (1/4) exempt the Southr°cL Wartor (1 /4) of Llf'::,ou+.hr o Quart at` of ra1H North - ` rter.(1 4) and the, Northeast Quarter and 010 Fast 1ia1•f of the Southeast +�y,naor ` ra sL'.. 4u° / arxl'nll a[ Lima Ilortl:ttest i %tuartcr (1/4) except the Ilorth- (1 /4).ot,3octon. Tnanty -ono (21), a ast . .titi�.'rtor (1/1) of *ho Northwest 4uarter (1 /4) of the Uorthnvnt quart or (4 of•ieotion ^ 11.1f.(1/2) of the Hest Itelf (1%2J of the .,oath a'e.:t quarter ( G v' ...4) + all In Torr•¢h1P Twenty -rlve (25),tiorth of Run Se oy Frt-four (44) E.T' �•',k .JA;!,... ,- ' -T"nty -two (22), f `;;:' i ;: i'J• jrul,tho said Land ComPary corte.pImtes purchacln3 ot.`.ar lands od,Ja ^tart'. +.o the "')'•'!k'it'sbpve ao tYmt Wmo ontlro,trrict inclurlig3 time above and such lands hereafter )rrr °lwred -:C . about; Throo Tr.ousarxl acres in all, nnd, rt Sr. url:w)izeu ter Lira pul•po -e of furni elard :v >tar to l�.d•^ ,_:.'r,:*Gi:•:��1 :r a` W,o..firnt pa Y 'Y.i �• ation, purPoren, nr id, .e arnors of the entire ^.appal stock %f the first INS r�} ,: ;cY _ 47IERFjIS. the r.econd part are .UJJ) sl:nros, an, who rear the s000nd parties 1,.'r `• Act•;.°;•• „' "` `rrhioh,00naists of Throw Tboursnd ,3, ' ;4';trs••y,p i mi in the Land Company which or said !antis above mcr.Slor.cU - ard also lnrga etooYholdors, od tJ:o purpose of selling and rlisponire; of •1 [ and,lo.otrt other lands ttaraoCter parchq b o i3 `? •,:' ,Ara to athor.paitias with Lho mindef••ty�tc11n3 that said lalvlt so armed or sold Y Llm • !i� 't`;w; %: +' '•� and privila3 oertnin water,rights os'fcr Sr:irutian and domestic n F l CooPaY iholl ;jinj[�',., ,., riHilo es herainafter cp'ecificl) oentionad, nand oortaiiK�'LacLrlo light p C x.111 2, � u otie, : s rood botwQoq the parties herato that the Land Cocpan' ; ��(,f"!:.!,; IIQ7`,TIfITifi! REi'•I, toe fit upon its land, dnd rill equip the ago with rue. r��J:::g iyalf it . y , ne it wy•dvea advisable o: npeor.sary in ardor t° ril nn•ar from said n° le , ffl;; ;�,•pQoltinorj r osoa and the LanA „Cp�PuTW ?rill ul'o at its arm cost af:cl o�cPanr° �;c,�ttueti,iuoh�uitah br ditohos,�fluroa or oquoduotn over: and tati the lo n a f or wa ll F.e a _ af;ay5vrtiod„by it so �n.;t.o, cnlse the water to lie^ Dy.¢ravitatlon frafrom r.ald wall or.nollr. ••j;�'..'i t'r ;lad o: 'nquedunLS to u ppirt: nhirh 1 `.mc•1 darn na. ^.6 ad7antoftcous _.:,; throLke I, Ua Q, uitgr qs,; .1,u I t•foi rutori 1 ton adra't•` -c s os platttd by the La r, 1r;t,c the land owned T1 told by i:•' tt l, c hp�prfiF� and "t(:0 Lniv1 Conpany xi.l ut rush, joir:L construct a divlYlon.btx, it p tl4 err ar or o-ttn of the lard supPliad b thn m.; r r4Ieh box�ohrill" be fx'• Sul : nd ox ease t gun L rSlb+rl( f�i•hG • rand. y IL 'ii furtlmor.ail:eod ttut'. the rater ConptutY rleonl191ontftt ell +ir n on all dStrhoa, baintuin,t•un r•r'd kliap in repair 1h in Cood xorkin`ha I,arcl Conptui� a so as to nalntaln In •Pr•�'Pr: �ra]1a, oquo'luotr. aryl flutr.c corst�uetod by ; �n1d mlitahes, flunai And "5�d1uoLR M• mall tlnor• a 1141 1 r :l,tcr us n be r °usonnbl? ter - p1 hod C;on it rrell.< clad,rhho ^ro• nor, banoQhnlfncaDlcrfeottparSrrororrI or tlaa each •o- '. 1: ranticnod, not t 4 )0 SR¢l:es over coch ocro S:' an all at I Co raid naSCr 1D0 ac ;o: of lard; bain( 1 , /1' all to ba' dlatrlb :�tcr1 anon¢ tiro 'ilfferot:t par'•S0. ertltletl L1lo:Dto under '.iris cur:::uct Sr. v'•� t each •; �acrcr a. tx,J be '.last id od upon by rl'Sdo -ao � eR'.Stlo I to cicBivarnen nwit” to ion sl% . ..bo tai:, °goal .11:1 ,J•unt botnvvn all tlr.r. p stool not bo .. ^.ocesnary .a ich ro '.or to ell Pn - Lies at Lho rya (e f of 1„lxl,irtcr;la :l '.a Du n,.LCrol u:v!er W.i.. stun '. :•.cr, twll receive the c„_^:o wean'. o rotor,. but , enrI' ,c: ran ontitl ad thereto nlwl' h ull tii :c •tAuo, but the', G.1r::, In Yurnirh'SnC nuter to 1 an'1 r f•ur as ra,y be Rnr.o: u.:y ra :rl th 1. • Scionc •r rut , o: foclullr•hi. -land by Wr ^. ° COmPar ^ ✓ , .1 11r ray bo 'I a;, 1,0 r ci:e rrutur :leroundor sire!! on n to I Sn tarn ot.cR•othnr IiO = °.on antiticd ao ' :'u:• all l :i :. land for a lilt° lar.,yl of ti : :.c, of[1� °Lal01iiotpno :o • tFl,i:. to:,: :c °r: date .`.ecru ^.•!cr r1:>11 bu fu :nlntwd ra,L°r it his lust. a' • of ea ch ;:ear. tai en from a part d. : :•Ing the .onthn of !ily,•lunc,• ni urfQ 'Jiay' :.all fursh ell ureter rnr ue (it Sa further w:raod tMmt Ira 'r'aier P: oonam:t, ro 'ut:d that each .,lY ! :•tells to the :o::; nc'.1 •ra n `;iflii n r ui f :oo'•'`e 1:11A !lau ntitc a `of:t lonrd1F c aaeoa ,.�.e •. be darirod by orti; D ' 1 t •.'•d erl SL "• P= ol,u1•I,SornLe a.,ure o a ran o!' L.m:d :sal un c:,:.e•: oa r o[ tu dari t ouch :ul nm :dyf d , c:' .a14 :,:np• ✓.Luc 1'i ).) 1:mv':fr u:' rrotar :I: •t�ttd rono °oT .. .. So nn ;D, up '.0 ••'!' __� , pl uSSad by the ! Cc dl.. r.'�1.Ut •u :!•i ^ • .,:or Su :'c.1d r ,. ^ur :.. • ;i.,.:: :..1•I of�awtt da :•SnR'ru9i: ; :aar.,u I .:, : : :.i. :•i ?aln :-.O--g :n.: V.0 -stet t1wr. ubo•re a„rood t be 1'u rntshal ; ,bl lr 4D f':: Ri:li 4 -, •:,uul•: bu ) do : :irarlu!1],,be enL !tlu•1 to tlf ey1end : uty Df staid land ormo :n, jr S[ . cir land'l,t .'Noh. or. ,i. ?.u.,rt as s (*; Jr. tet ^en arr) for 1 m tile 1101 vt6: ....,ra.1 ; ^u '.or ft•o P i I / 1� I I i E:.71 --T TItt3 ALRF.FFI;T'cado a nd entered iroo , ruLar. Co. to U.:S.::r.UOrnli '.iris 4tlt slily of liovrmber,lth�5,by and be- 'r'utar 1.. :io•lorn Vleitrio .1. :,.,oen ::olnrn Flectrio Company, acor he:oafter? at the atlort, p of the fire'.' part, • ° kruwn ur Eha °'titer Company ", U. r:lcl:of -• ' I:alorn Ir:i„atior 4 Lard Company ul'f, R•A.iluLChtrron r.nd A. C.•1 omit• ^•on particn of '.ha second pert, and ::orlon Irricntlon ` ' Yllod Iiov.G,1nOS 0 Lund Cornpury, u corporaCion,porty of the ,2 •f. I� P.N. third part, m•e:tu ter knottn us tho "I.urd r Rcq. U.'!._ Donald Cor..puny•, , j Z.3towart Co. Auditor t'T'C:I sm-7a as f ollt as: - t - TilBi j4EPTA3 tha :nird party is new • R, T'. Buller 1M Puty the armor of the followinll described lone • ' 1 45 Recorclod Nov. 7, r.ltuoted in Spokane County and known us [ollons, to -nit: • Uy F..11.1101 Deputy pore particularly The Ilortheazt tb.fartor Cl /. %the Pest • ._ �- iislf (112) of the Northwest 4u-rtc; (1/4) - -_ — - nnd the Southeast Quarter of the NorthP8M if gtiurtor (1 /-' .2 Fart Ilal[ (1/') of the Southno:L Quarter (1 /n),andthe Ea-It t d Lho o .• ' Quart of the .2 Half (1/2) of ti,-; joutheost %Wartor (1 /4) of 3oetioti aevontoon (17), , and the South !lair (1/2) unrl time Tait I:alf (lA) of tile IlorLhxest Q�nrcer (1 /4) of 3oc '.to •• i Sistean (1G), and ,the vinst 1 (1J?) of [ > °c ti on r'1[teon (15), and all of the A ): x°st ;; ti ",.quarter (1/4) exempt the Southr°cL Wartor (1 /4) of Llf'::,ou+.hr o Quart at` of ra1H North - ` rter.(1 4) and the, Northeast Quarter and 010 Fast 1ia1•f of the Southeast +�y,naor ` ra sL'.. 4u° / arxl'nll a[ Lima Ilortl:ttest i %tuartcr (1/4) except the Ilorth- (1 /4).ot,3octon. Tnanty -ono (21), a ast . .titi�.'rtor (1/1) of *ho Northwest 4uarter (1 /4) of the Uorthnvnt quart or (4 of•ieotion ^ 11.1f.(1/2) of the Hest Itelf (1%2J of the .,oath a'e.:t quarter ( G v' ...4) + all In Torr•¢h1P Twenty -rlve (25),tiorth of Run Se oy Frt-four (44) E.T' �•',k .JA;!,... ,- ' -T"nty -two (22), f `;;:' i ;: i'J• jrul,tho said Land ComPary corte.pImtes purchacln3 ot.`.ar lands od,Ja ^tart'. +.o the "')'•'!k'it'sbpve ao tYmt Wmo ontlro,trrict inclurlig3 time above and such lands hereafter )rrr °lwred -:C . about; Throo Tr.ousarxl acres in all, nnd, rt Sr. url:w)izeu ter Lira pul•po -e of furni elard :v >tar to l�.d•^ ,_:.'r,:*Gi:•:��1 :r a` W,o..firnt pa Y 'Y.i �• ation, purPoren, nr id, .e arnors of the entire ^.appal stock %f the first INS r�} ,: ;cY _ 47IERFjIS. the r.econd part are .UJJ) sl:nros, an, who rear the s000nd parties 1,.'r `• Act•;.°;•• „' "` `rrhioh,00naists of Throw Tboursnd ,3, ' ;4';trs••y,p i mi in the Land Company which or said !antis above mcr.Slor.cU - ard also lnrga etooYholdors, od tJ:o purpose of selling and rlisponire; of •1 [ and,lo.otrt other lands ttaraoCter parchq b o i3 `? •,:' ,Ara to athor.paitias with Lho mindef••ty�tc11n3 that said lalvlt so armed or sold Y Llm • !i� 't`;w; %: +' '•� and privila3 oertnin water,rights os'fcr Sr:irutian and domestic n F l CooPaY iholl ;jinj[�',., ,., riHilo es herainafter cp'ecificl) oentionad, nand oortaiiK�'LacLrlo light p C x.111 2, � u otie, : s rood botwQoq the parties herato that the Land Cocpan' ; ��(,f"!:.!,; IIQ7`,TIfITifi! REi'•I, toe fit upon its land, dnd rill equip the ago with rue. r��J:::g iyalf it . y , ne it wy•dvea advisable o: npeor.sary in ardor t° ril nn•ar from said n° le , ffl;; ;�,•pQoltinorj r osoa and the LanA „Cp�PuTW ?rill ul'o at its arm cost af:cl o�cPanr° �;c,�ttueti,iuoh�uitah br ditohos,�fluroa or oquoduotn over: and tati the lo n a f or wa ll F.e a _ af;ay5vrtiod„by it so �n.;t.o, cnlse the water to lie^ Dy.¢ravitatlon frafrom r.ald wall or.nollr. ••j;�'..'i t'r ;lad o: 'nquedunLS to u ppirt: nhirh 1 `.mc•1 darn na. ^.6 ad7antoftcous _.:,; throLke I, Ua Q, uitgr qs,; .1,u I t•foi rutori 1 ton adra't•` -c s os platttd by the La r, 1r;t,c the land owned T1 told by i:•' tt l, c hp�prfiF� and "t(:0 Lniv1 Conpany xi.l ut rush, joir:L construct a divlYlon.btx, it p tl4 err ar or o-ttn of the lard supPliad b thn m.; r r4Ieh box�ohrill" be fx'• Sul : nd ox ease t gun L rSlb+rl( f�i•hG • rand. y IL 'ii furtlmor.ail:eod ttut'. the rater ConptutY rleonl191ontftt ell +ir n on all dStrhoa, baintuin,t•un r•r'd kliap in repair 1h in Cood xorkin`ha I,arcl Conptui� a so as to nalntaln In •Pr•�'Pr: �ra]1a, oquo'luotr. aryl flutr.c corst�uetod by ; �n1d mlitahes, flunai And "5�d1uoLR M• mall tlnor• a 1141 1 r :l,tcr us n be r °usonnbl? ter - p1 hod C;on it rrell.< clad,rhho ^ro• nor, banoQhnlfncaDlcrfeottparSrrororrI or tlaa each •o- '. 1: ranticnod, not t 4 )0 SR¢l:es over coch ocro S:' an all at I Co raid naSCr 1D0 ac ;o: of lard; bain( 1 , /1' all to ba' dlatrlb :�tcr1 anon¢ tiro 'ilfferot:t par'•S0. ertltletl L1lo:Dto under '.iris cur:::uct Sr. v'•� t each •; �acrcr a. tx,J be '.last id od upon by rl'Sdo -ao � eR'.Stlo I to cicBivarnen nwit” to ion sl% . ..bo tai:, °goal .11:1 ,J•unt botnvvn all tlr.r. p stool not bo .. ^.ocesnary .a ich ro '.or to ell Pn - Lies at Lho rya (e f of 1„lxl,irtcr;la :l '.a Du n,.LCrol u:v!er W.i.. stun '. :•.cr, twll receive the c„_^:o wean'. o rotor,. but , enrI' ,c: ran ontitl ad thereto nlwl' h ull tii :c •tAuo, but the', G.1r::, In Yurnirh'SnC nuter to 1 an'1 r f•ur as ra,y be Rnr.o: u.:y ra :rl th 1. • Scionc •r rut , o: foclullr•hi. -land by Wr ^. ° COmPar ^ ✓ , .1 11r ray bo 'I a;, 1,0 r ci:e rrutur :leroundor sire!! on n to I Sn tarn ot.cR•othnr IiO = °.on antiticd ao ' :'u:• all l :i :. land for a lilt° lar.,yl of ti : :.c, of[1� °Lal01iiotpno :o • tFl,i:. to:,: :c °r: date .`.ecru ^.•!cr r1:>11 bu fu :nlntwd ra,L°r it his lust. a' • of ea ch ;:ear. tai en from a part d. : :•Ing the .onthn of !ily,•lunc,• ni urfQ 'Jiay' :.all fursh ell ureter rnr ue (it Sa further w:raod tMmt Ira 'r'aier P: oonam:t, ro 'ut:d that each .,lY ! :•tells to the :o::; nc'.1 •ra n `;iflii n r ui f :oo'•'`e 1:11A !lau ntitc a `of:t lonrd1F c aaeoa ,.�.e •. be darirod by orti; D ' 1 t •.'•d erl SL "• P= ol,u1•I,SornLe a.,ure o a ran o!' L.m:d :sal un c:,:.e•: oa r o[ tu dari t ouch :ul nm :dyf d , c:' .a14 :,:np• ✓.Luc 1'i ).) 1:mv':fr u:' rrotar :I: •t�ttd rono °oT .. .. So nn ;D, up '.0 ••'!' __� , pl uSSad by the ! Cc dl.. r.'�1.Ut •u :!•i ^ • .,:or Su :'c.1d r ,. ^ur :.. • ;i.,.:: :..1•I of�awtt da :•SnR'ru9i: ; :aar.,u I .:, : : :.i. :•i ?aln :-.O--g :n.: V.0 -stet t1wr. ubo•re a„rood t be 1'u rntshal ; ,bl lr 4D f':: Ri:li 4 -, •:,uul•: bu ) do : :irarlu!1],,be enL !tlu•1 to tlf ey1end : uty Df staid land ormo :n, jr S[ . cir land'l,t .'Noh. or. ,i. ?.u.,rt as s (*; Jr. tet ^en arr) for 1 m tile 1101 vt6: ....,ra.1 ; ^u '.or ft•o P i I / 1� I I i Y 1,11.1 r.1. I.rj #, m r they ,!Yi tj.n r•4); or Cump-iv =.y agree -r I, i list . be lor.r. t.-,.,n Uift -zt l exis nont o.' rt•rntrillnil. atich nXoan- -.tar upv r., 0. . , nholt In %:.e ice vwrw r:;ail It. . Iter. Wor. j t rjtj�!j r,jeh liter Sr lit ru %!I1 i t lib and It a!:rfto.1 It 01AIl not furnish .!It inter - 4r;jr.y nli-Il rot 26 Ia *,stiii,io or X.). acrog covered by this an I .v nil pprfor. a:- 1:*rtOnA OTNIIN: • I t by tills contract my ilta -on. titr 4�li*rs or 11 one r.oft,ton itnit thht till cQrtructs . . ai lore -A ftl%V r i to%• Inches ur Igl; My one or More or Uln Tsornarts owning land ..lAth Q;o valor C W u rr ;a .o rurn hind rot noverod by Wilt tigree=aM ch,11 corcred by `_"In or r,"/ poriton (twill ch.,11 not on under ablIrAtion to li,,ve -:otter t.'Araln a J)rovlglon trot the 7 Comllm"Y ru-n cjc!t extern muter only In Zane r.111 axesnn k.%@r Sr not needed or dotirad by f ownerr. or the J.,nd covered by t his *g_qom4rt, r.-I that arty one or more or th o r thn I aov.-erl by I.Mr. w*,ra %= qM any require And dacm Or the Vi-tor Con- It ,r such 1 , eater over ►nit r ald 14 A�n 1 11011 0 3 to . w%-.1; iho other lend the awrtarit or which darilre A proportion Of , nYM4M 0l' hit propc n.ter. upor, Ion of %hn Inareafted 00 Of rurnIshing cold I QX%rh nVn% or %aapi" na, 4 ra,allinary in repair and other InclAs. , t p onten i f uld Tatar CoMpollY It h t i, a 6%,4ng crater, and it nrea t r ro - 41 , C hit". Call'.ritat to rornish arty pr-portion Or :told 6xcer.r. water ra Is perronrt, but that it will furnirlh Al, all Ines raid ixecra , a .0 or -art a.. ,-a to 40V of' '. thn. • !Ir!*eran% arniorn Or rnid 3013 ucrall of land eavered by this. agr 0 ly ,N! pro r,. per were far as the$• -k my be doelrod by then upon their Colt, or rurnithine such exceen wuter to their roepactivo truatt I l 0:. - V ' I lit ild Wd alor Contpi.ny .!traal th it rhull not rurnith at Any tire vair" t I tl�in I a t 1: a r pc: nor, ar liornor.r. ir4 ttnda other than the 3000 soroo covered by this co to ri.r ur ni,jrl oxc.nn •:,,%*r in •rot donlritil by uric or the owners of the aer covo.-od by 1 .1 1 .1n con It In r-Ar - .:r.Anrr%-jj ,1 ,.rd ni',rocd thnt any crater furnished to . 0 the thLn the 07.110•3 of raid .11) SLa ror or lnr.il Shall be furninhod by the 11 ator . CO :4 1 -t . .... -1 ra'.a not lets % :LC rtn, 111, It. Sr. rurninhod to . the land covered :•!:;.Il not, -.-,c lore thiln 1 .114) 10tUal excot: cart of ru It I int d r,ii-I pirtien, tj t 3,1.).) ,are:% or laryl, unit shall * be p&1 Ti'�?� ,)to dit.1hon, r1tinog ndj aqlo,l-jita: above Inorltionod Z the !.,ot.! Cc p1,:' to - ,(!n cro tr-lct-n - shall be of z t J. 0 1 a ht l g n-:h zA n1no to -.o it point or. or sol.1ti-Ion to anch tori tract of lanK 1 1..% 1.n 1.::v r.1111 lured in now or may Itprotifter be pliatod by the I:! JIU.j;tI','.qn ',a 1,110 FA.10; She oxact point to whil- ;,-.iO rald lit, h be cor at-nrillned by iho L an d . Com- .;t ny :.0 LInd Corpany grAll be fl m . An 1*. 311.111' :.:rl donlre 1 ,!ilt It ehi,11 be at matt it point. ( It Will. be Ld'-*tt!i�,c.,:V.'.j" :or - .!.c of tho Y.T.tor over nucl ten earn t•ilit. 1' '!t !'..: tju.t 1 -he itrncr or cli ch rc:ljoctjvo piece or land 'to which the :,U*. Camli,.ny in . , litaj. a- Ut_�J,cc to a-,or h1: land covered by this cap oat, n!.t,ll I ., gi ,nt ct;nt za:!! vxpenzn beat .jjt�lar :Ire direction or the V*ator..Conipary can- n* rue): 1�kvr"I it Lt�y y Over Anil "c 111r. a i n.. 1 be , 3 Sr. oler tia n pro!-crly !'a.- -.,I ut-111:;c Uio tva for IrrI; purporor is rur-.:i , hed hie n b , , the V'ltcr CottpLrz,' tiltlor t);In cow.rt.ct, lied no ponon liho hat not -conntructod ruck . l ditcher 'o..'i >Ic provIr-ion - .a -, to ti-AlIzo, tire for z . rct�ncrl- * - . -j-d l -t-lbul.o , �0'cr over hin ILr.tl-. n!ij, 1 1 a.- ju,v o r.., c or notion aminnt 1J.Q CO=p't• j .. V for ' t ru,,n%l_ j. ,:c ' , 4): for Iiin land IV31 ath tire in he han first con nuth lateral cUt6ten tn. vlo ol..hcr r,;iit, itrovinlon to takD•cnrq or the rater Lt ruritinbell for hl:: lt%nl,, tjsl t!iIj. t!.c ril.no vile,11 tlt' n r% all roaonitblo tires be open to tip , Olt ti, " the 1 "utor Cwitittry, Its orficarn r. o=ploynon. It Is rurthar lirovided that no pernor. antlt-lorl to voter ul"lar thin "rrW:t tlzll 0110- '110 n=0 to r Orr his Ii,nd over or upor, %ItO Lind Of any other pernon,but thu each pornon to :then I n rar"Anhed under th-, -ontroct tluill unc or. his lan3 such out er exclunivoly for t'ha pvo- 1 In furnirthod him; and all pornonz reeelvl•g inter W71C. ;hi. Cont•uct tl,-,-ae 1 .1t o.cy not recei-jo naid water a tranaror cold water. Wa., '.0 receive 0- utc ,-' lit pnr any i ther land than tiro l for '- nine wan f and Intended to be -.inud ptir"itht to thin contratt An - d tiaList t -nor cor' in t1::1 pIrticul,,r nliall thereby rarreit all rIC!)*, tri "cr thin c to r,u - or unler t%ln cor.t.ruct ito ion;; are the c-zo Ss per. to ;O '.jlon v.- ze j",l Ul'or n'. I!cr th—,. . lI otl:c... thill'. -,he l t VhIch !ho w.a!: rurnithed ui� 1210 th e nj -, n-y be nhut Orr by the Vater Cc till he fully ccr— C-I: r y 'c: 11. rzy tuttuir, Ucro*ny. It in rJr%?.cr ntII:UI_"QtI end „;reed the Lard co:3narr✓ wIll 4)t Stn oTm p Uni nxlleiinn Ina n:,nt, _riorL jr 1t b comocted tylth one or - of the welln c .y rlor, • or r•.crinhing ,itttf for ntock, tlon,�Stic or 1.7t, Lind liounotwId I V ro to t1l, r. W rn!l'i tirion ');e Ii,nd intended t. !!a 'n u:rcc7acrtt, ' n Ln, or "OrtY ;'ran i, ch its pl. by Cho Land Co,%pam, . C " n " r l 1111 i 'tn it= cc!: : ran nufriclent pipes o ruit ' %1! !'rin on” :ru t " UwtnIny of t o -r-ich point upon each forty the Lartill Ccnp,,riy my coo fit; uiy! the vur nn'jiOr *.Iuin Vor,.y-ac- - it 0 ct t.4c%n enall -eir c�l co of' - iltor Con the V valty,extend Said "'In'. 0.• : .ac fit, propor And :ultIble cot- &r rlop ratt,,ott, to "t not to allow •t �r - - , r. %0 " W-it"o std tI*.c:/ nj:t,ll ut their orn cont. and ex ntil table ppilInce, no at not to .11Cw rat: o,', ,:tq ,n 1 - jil.— or ruminho by -, 1 - .:.c - w (:- :orioqy or i6 *V. Y i : ee.Srr, pl,., lu :'A ta.t! ell le- "err ^.1 artroacont r•Sr w r•0 . - .r.i:! •,.' r .crut :. er t:,is :.rr.•.r :. :• r,n; °^ ^h�1ur r *or llv�l: :t:Pon ^• ^r.: :stn• :vrtezcept1fC: — a 15ft ,tlrl p ipes I o �rpCtnn ar for r, cur :lrr: t•1- ipes :'or i � .A '.r•y rnr•.r. V101 10.111.4 :S:u I Clue::, huu'e. :old Wo domcs:Sc Oran tr'l 0 , _4,. t :.I ore ,p Iron co-id Pluos a rt3sulu l :s LS :oreby forty:'. ., :o vi ^icy. oc •h1n car.:: net y ,tct o re rive valor ,t ar ,- sill .:uch. tt:.0 and c: • caw. i all =1'r: tt co•= pensatctl tho v'':tar • :o: Ptryttthi :'e"nro_ dove- ^.LJr. u..••o, ••:oai, 1'Sre and i tt S:e 1: r...ru. -y 1 IL In agronrl +.IxtL he t r ''j' :a _, :o 7'•tsO: ".3Par✓ or.A tlmt the Tatar C Ye . 1 :uunohold P -. p user. r]:u11 aa( "u :r1. ^•it,'• bAe b'! =L Avrirg :h° month oC �u rch 1.1 ewe` yo•: tlutll of a Part ar the e•••LSr..mtc to e- a trip port oC the export's for f•urrlrt f Srrll;mtl0tt furrose.., irclud't Sr. ^ -1:, ,loranic, hou^-chold and fire pu :I'Ctoa, t ,nA the Sng cr Lhrou;:h •'•aid pipes Cur a I s1•lai he a dded to untl rndo apart C. U, c1 :arlSn for Sr:l oLlon put potoa ar:d ^hall ' t a aryl Included 1. ho °-^t •. ^ -m :c ror trrifut1 °n p�rpones• •,a1ri a: L:':o recto ^ctrl Hatt tnc Land Con, uny -111 at itr. cwt: !'r or be- t I:Cr urslorrsood 'utd ar:• IL St rurt ell ,clot a. ^..:nY be I:ece•••r. °rY ever on <1 uc:ost . ^.•uc pt. .- oo..t and cxPcn- canntntct .0 1 _ -.2 rt Will at of trio lu;d covered by el :1 r• a'{ . a id m oles such °Loo ri0 nr be r.eccetarY to cu. own cost turd Cxpcnso a r,Luch Lo P t .. ]s rur.- t over ttrtd ltroul',h the trt%o to Ile [S•ra u::d '. on , :e�c s: act of lutd us Plat- ^ :erod by thin. a act r acre t w ill du:Sna ry electricity cash Led by the Land Company a nd co eartd Is power electric litiltt to cash ton luring the tar-c ` dotrn to r-unrir-o furonith dfi and furnish 2 r ror. to carry candle power electric 11,tht electricity Jr. nuf- i arnd by chin a(:roonent each flue in •uch 11 a grant• that S.. to say, It rhall �furnin•h "1S each five a antltl,s t; create acts of •1thtni and tna ocruPc.r.t.: Cr o•cemon of said t r ot lPl vc rnsor Cor., anY,aakc all 0 • Yivo and Lon sera a:]tl steelier L covered by thin C[;roem,rt rhall at t - hr.1. o*rn � oo "•L and expel but under trio direction and tupervir.lor, of r t 1' rultable S s eh rot, trac of lnnd in such :rrrcr as Ctvl ,roper eorroet lops wItt•, such 610ctti e�•r:lras -o or to 'Iirt ribn rurh n le r . 5 Glty for 11ISht1nE Pure °s pY °r and upon u t tleai Te arxi ao at. not .ain the l nary,ullaof o tdtichh 11 - Or o n. al1 f Sd t h e uttnars thereof may pater an t •td sh,,71 put In u •"ectlon by th rater Coa{x•ny, Its officers and °=Ploy r electricty, m• sub cot to in•1 • '•' i0asonablo hours be r''.tor CoePunY "1111 "t 1+,= awn tort I ..: Got further undorstoad and agreed tha aid tan se t•`•° ^° l cgs Lo tt10 extent and durirf <% .'�`. :' :' •.. :. It Ss to s ra + udod I { '• -• :S. ruult tual oleotrlcity r.pnd 'PC fuinlnil first the uc cart of furnlnitin the Aul:-M! the b onth Of liar E ;. : Litzo above nctltiono -IIJ and be ma do by ttta 4'at or Com n• • P° ! t::• �' '• and be Puz't oC the oh or furn i s hing water for 1rrSEntior. to'0 •'raetr. said S'trty I J j: ,li•y -ci•c. :Sol,.,. 1rPon u. oaos throul) .r.t.t- ,.t r•,•••,•'arid�rh yo „r fPr the P' household and fire P - P for damettla,etoak, 1 the ammo shall be a lien upon the rnnpocttvu Pieaca as abovo Pr. ' r. ale or. heroin provlrlod. t �. �1, °frPFap orty to which sucholiLh,tllth f, frniz e at er Coapary will construct dStth ^s f:O eua :e i eS s i t to �' .' <:` "•j• ”" .. TL s ftu'thor otS• 4 r. o•r1.or p: I .: •'- :•� ft•` : ;. ten ac t•e trust nr.a root °to by diLCher., C ° o " r.a1d tnn r,nra "� \'.n . r . y : :' / "�'° d n,aantlanod on wry' thereof, in Sf: •'i :hflT- 1 point the Land Com pany of IS ``r'•'�,' +r;g5;`';` %;intoi• °i:t to whlnh Polor told Lon acre tracts a y Portion 1: + or'.Y °Snts Pon any S1VSdotl Into trailer �jC,o,, Tln6 t�. ' either by 61n Land CosP °rY ° =' - G I •, ';;:d;uJ•'r• :•1.... old b000>10 sub S o; ton.: or'- uaa tt,ttt tu ck rtitchos f Srr3Catton F•.• M'1'r•ay;arab�e•F.hG the 1 _ olntc. 1n nnSd tor. nrro tracts t0 as to fur I '• font purol•D=ors tha- OOfruPon Dint o.•F -.�, c inli to t1w 4'ulor Company • such «,ua _ q r told tracts iSr't P 3' . o uch disci: urPpLOC , bo ooituint•.ed further t° Gtr;/ P actual cost or aon.:trua,tn(S u '`.": �''t ;nlih TI ?ter to such rubuSvSr.Yon�aa7 Ca:Sw,to or. Vta t construct tuell'litoh..for tho -- . or run; os`tho rotor 1' t0 rrhluh wdd••I,an'1 Company Jr. 1Lattoe fro? the P61ntl shall ba,tho or. l . ,'•t '1 'of Srrlllatirg such to acre tract to ttto Point °: Po1n lads ?tch r and c •,'�' :'.�: purpose ditch"' :•hall be extOn"Oe, of •ui which r -un .he 4'ator Cditch' r,ator "Lhattaid i'oter dig on the 4'ator Company "1311 to eOrslruet r•olti.J, :ddo; arrl.th,rcup actual or.p,nta thoraor, an tl 1f the 0atimat0 4110 -{. or the a r•onr. nrtStlott tr•oret tJte diYft : ^nc� tt % •' {1 Gorj rr ""° n uPot]'lonrsx! I nutt`t. of aun'� rucl: t disc ] l girl anal the ar•Lunl b,t:ro,n trio . rum eo P' ,,hat each urr1 all pert of trio onn dor.lrinv . ^.old r1eLchos L, be exterd It e. further ntlro0d but urrler the direction 1Catar ComF°nY, • r,Ttoir otm post t ' to exp °n• ^•e, sultablo Loral aixl other ad thou at arc tt:o rruurrt I,y n0 cuml ntltt ;oul;h said rlitcltea to such divltlon bo 1 cur, rut' ttn'1 prop nuJr1 V", ter .,, un ".it to allo l : r.truct c +,o rnc,lao an' yi.ld d ill- ... ditches no as ra:ioh .all, "utcr Cut�pC:'y rely cu, ^,nOru�t trio wuoa, l • - rt o: puirtr. to I. Lhn Orator :: of .•rid land .hall r..r,Sntalr Po : or PC said ,rat,: :o, I:° '•° 'at -t.a, 41:c1t on; rust rtnd nxa Pr.ta. trio '+lacy CanpurY •'111 1'urnlah m + L to tnidrperhor, or •:Soy. buxot and let ors:.. _. urpur•n.• vSr.iunt Lnr1 1: St C°r!'•tvl• ut;road ttt nt r ridod "o- Srrlru 4lo n Pur..u'.I,l to h0 Pro .j Cb ovO i •0 t•ltt 44, ;n r Co.p,ny I dl pond :r - ur1l to LL'n nx'.a:L hcroior Lrur,tad by t;trtt or 1:•n•1 tnnllor than ton ocra -* I;h ruch dStcl. ^.0 - um :art of Hold 11 t. iunul actual ° o uecror.s the uu trot• a. Con nay Lho a'It t0 o oC tl.tn conLrt I r. all P "'lIrJ1 t, rr•r 4o rhSoh point raid . , :,1u1 -1 I , rl,nlro CSrtn .rid to. "are r ^nc +, tavid0<t to C :a'puin. t t:•r.K -ho or on cunt. i'' -Cad rt ✓•or Point• 1' ` btdr..;lr•; •• •clod nurtt 41••nh r.s h,:•'ir: flrnt Sn LI:1s curtlnt adds= 1 r� , �j l snr. t. n•n .!Ln to tfi, 1°h ruin 1nLa ch , d Co: : :,.r� purr..,;.. •. : :r.t• ^l: uC nar]S !'Co and to ba t'ua'11•rS..la.; of n..1'1 t0 ba cu :tntrunlo' ur puller 1:: nu1t1 .•'ti•I div,rSort ou.•.°' t•r° ... ' c tn . r!' ,chop nSt! rrl:,ro .Ira r'a In t' ':C- ,p,.ny In •a VI • sn Say to calA LWfI ,I c r 1 r�.: t` .. t1 :'::l n:ll l'•I: t1:•t all :ur•, th'r ^ -af L° ''n .• cu''Ora, - :G LS. •'a'•aT: `a' • u.1d ^ubdivinlur.�. to riactr •.ueJt;t. err of o dic:' LO t.n. •':c c port u• -r. raid tun b La, v r. t: pot ncro OC furnlr :lr:r,: t iy 10'• :3 i1`r �'8: n;1 to i l::O rate ba . o W'•d 1 " >' •��2 d,:... MW ^.: '• .S :ei t'. I lie '. tr,l :0 I :lt;: 1 i1•t .taco •: h' role. :a .,r ...'C .. ,];.U1. ,:': JYr• .a•J.nll, .• :^ •.0 1'•1I•ni :stud 1• u` .. ., ..n vrly'.O ^rL :.,i.• ^nl4 n 1r• rrnr.,•r it to to psi d,m>;la •,u C t.Y' ..S r.r.i'1 ::::,:r Lu :.r.l.t ter. uerc t.nd v nmLe thee `.({Y,;:Y aryl lain ulwn t.lty 1 :... ..hall .0..: e..r. S ... ..... .. .. :. :. �. •• t.t trl 'Colt ° . :�i;.��: Long r.1to nay d¢� ] ^/: •:: l or 'Lad an4 n:troad t,hr:L in soar .0 :i`�r, • .:. ., . y :t in rurthar ttllntl., . ? ill . T , eg."rl :ur q r 4r 'or --ror. n point o : 1 ^.e N. Or t cr or PO I n % POSM W."Un'. or 1 . v . nua. pli'm r porron-n 1�- .1, l,Or or* or ._y Ion X. ,, ol)O � i.ur- V arr n. It ,, •• �.blll I ID C at 014 dont of . , he * :,.,. (-.,.or ' from Cite - . " ,, Cr U111-11lo- c rt 1 -_ '" t 0 ruck rp r '.n. tLe urcjat no. P' " — ill can. At or Po Lila or P ` 7 be 11 ,_ X.6 �0.ftr %-am 110, it told ac"eld -...a � - -6, ComaAn n ,t r y Land "VrYor-y o r r j,ii r,.- or %,) . P aid —%or plpoa or of ` 1,1-c nub J. .art or sent oxoonn ;lr rq, 7:11cr. P•id r n I r,?d :he OVnOr 07 0 "' u c*ourt Or ' ' .at. .r a ... thoretO 00 ithl.11 .. rua actua c thoroor- r,iull • ini-Alld - ,, 0 .!.e a bove '110 1-10" or way Sr to* or no.- 11.4;1 a.'. tl, Cont ti,croor o vor And 1, hlF,:,w.yn un l e ar. o,.),o oil I I '!P r, La nd rid Co ' hereby to be exen over or oil be oxtendcu- A Croln ell .'yid piper wi-O 4es -* P 1110- to U or In nj'� j-ed by tho perro - r... - - a re rl-,.I:t oi o r _y fo r till pu all over nanill ir.it to tile '"l.or Co. , A un,1 'a or Ca- 'W la y so"ll pip' Vr&t'6r %hrough-raid Pipolt J,n . x d coverer! ' 111? - 'i'le ter c Kill rurrll. , i %q tt f, a(:rced ., the Ta th Aniti forty more trAiltlt. but :bitrors tra it N rotor to for tl-.o gano purpose obligation to rurninh Any p jl&jqr, the Vator Company Mila.11 be under ary their dlfn c,ort And expense, urulli the dirii ' ;,.; ' be rJuall r-t or app 617� Og f,.Ua@%n, g h u t,-orrz anel other prop "l nuall r.tor is to rui%�bl t o r the rater CoMPa construct t tho point .,1t. Con no On to provant amid water from .& plp66:rrox to coa id w ator through t or furnishing � J,jp to t . Tha Actual thA r aid r6pty.uoro 'ftr -U .-Ai d: A5.1 IX pany nonnieract% sat vu j�llij t jjonn 'or,,j.4ld:3,0, —hich the LAnd COP y t the ovinort; or s�fd " - 4 � V V - PIP05 conn by the mtor CO13p&n ' -. I i.:. r u r '-hull be paid for by the orro" Of said land to whiCh y�,i'ilr d by them and ruell 00*ft .9 ;.:O.r acres OTMO M"N Lo the nurbor or tiMo:it;4Vtjjjti;j. �hp �. j_ " , onp a ry during thn month or larch o "ll year at the A u- p 'tit horoi V .n,. e` h or n , to told ten Acre tr-ctn for irrigat o p Id �Jpon or. Oiirmtr�d�ja. b� a t viral ,.r. ').e cost f furnlzhin, raid water through to jh 7 . 4 .. or C - nhing rat or by the Y'Ator Comp&6y.thrFUj ; , a m . 1 to raid land to. furri Paid - forty note tr&atr.; And th,� "rhal k aOn n,, r j c1.cd by tald iand COCP4nY g land to y hj e ?e t& j t j Nvator lit furnjshod throul;h sold p In c x 0 a part o r tj,. rasa ch,%ri*,c tv:ulnnie A 4- r .0 the Ventor C omr ., ny a t the ,,cnAcd by the 'att CQ pany AM be paid I a th.11 be A. , .-.a a rvr. n,! Sr In the n rcr an rail o�,hor ch P ut-co in a id, ar .1 r oharil, oxtorulad by tho`rmtiij '- upon 1.1.0 land to ::111th ruck r&'c:' i f-i-nin)%ell throurh A ill 11 o r nu i e l p 10 %•h07. tull: tlilt.07 in f-arnt tl..o ono . ^•n!'1 -. for ilirpoNo o o,..r. r t:.un hoincho-e or tire pirpoton r0rreltn tll:cl_ right un-lor onl na T cQ for ale. purt)u. - t ill j!.ey fully ..n to ri:nIve water tr 11.0.1.7pony r i;7 uI! Injury J % -c ' 11, in ll.rehcr ur.-!orn�oori ftn-r! t1i',-0Vl U: t,::p lr Conp-11-Y '-7111 u "n requ Art • or "erno-. .."ninr, Mrof •i.1,11vinicn of or..; lard nr_-,IInr % 1 , five er .,ex •n herein ht - 1.rV e:Onnt,- poles and nlltablc wirnn t.hro.jpon r ole�'teriZ - it , Y to - lif? ll,'; the. "the. *"cr.= nt Or perne u" no 1 : 1 l an ,j l tl*.o rasa; but burOrO :*,.',J TV.Vr c=jjany 'Je• urv!er obIi;:l-','On to conntr.1-m raid polon (.r place ':iron thorc cr for put non l ierrun -1un!It%*, .'•u1'! PolOn ,r4 Wiron 1 nOnn-.—.jC1,0e , - -, I , ..r pl 'unp.n. or ',!:' Tatcl' .!." 1 i� . ccrt cr ull ntt [ tl•. r.i Q-�)on on a rorcr�id, a n , l horoul-or. ".0 ni a. t_%A antual c:,7 a l . t -- ru �h {:cow:: or .net ,!�c ""O'Cr Ill jPOr e rum t !.111 Oaf? 'L.-.0 to !1"hl,:: o r ; , o: , . ; , al;y v :%,0, purporu over -.0-:1 1.tm.vc ":10 T In rar%hc7 .•r^c t.ne or Co : Vurnlrh IAOr-7iciY to:. 111',"inG - :,.nor f-o: ::Undo• — . -.0 rinr-Ir• ;%orron _r li.ilrnonn or. nu-th • ;ro - arll ? a to. mol r1ren :..y 1.0 Cur one, upon tn,!j tin pornon or pernonr "Onlrnfi a"o rl-.aJl, unlir "he. :'al.or `c;..n-_:'.y, rirr•t p-.1' It' nukt,ablo tflr`_ r._l j:I:.tcn tor rencivin ra1 7:1;h. c no an 10 117-01trlY -0- "..'ve Un'! 21.70 for n:�lml 'rK, '.;',!Ji: :*or "he T-urpono of n"Ich M"Il be oper; for 4t, -Ij timon .o ?.im erri-ter•, wontr and rer•l.ntn Or lj%e WWer CO7.1:2,rzj out .. be ;j,1r.•, In 1 ;oail rolIr t'-r-l"on by t)L 1'. In r-jr%Ler ur,: "r. s;nfl •rc ',n t 0.� 1"u' -.c -'emptny ie%ttll donor; thv - Onth ar :4,rcl ' !n ouch ; it zt.r. !!:u i.tti.1 .=-) Or o l ec , r ll , . y danro.l -I-rlrc '.!.0 nic-oodin• ,cur by A each porno L 1 .1el to �.!Gctrl ol�'h it nule. pt-rt.lcn, Lr n or. I c un'!e• n cl)n%rult, r!"Ill '.N1 requent or this 7 Compary or ib.n offircrz or Mhe v'utO.- pw .%ey -.*ul lonlre .ludo.(: ?,! n�V:ordlt'Z . i Ile tho'. -!Ln :.A;:O a t-ji%4111C *,j.0 1:Qnt, Or rurntnb t . l-rd t)., "xc'ns 'O�t o" firn-Inhit rii�; cIec',r'.cI'.y ',o ru porncron CL2.. O� •oid r'J'3011V:ni If e:. ccljcr�� by •_n t..�rijcnont rjjje-. flVC tle -7 o' Cr L!A ., .b,c f t j � ' u, ' 0 flic • . i ,.cr�or. a o"c an :�,,; ri•i _-.- -, 1;�N ay the o rrne-n o!' r-H F70 -.0 ,ner! 2:1 t!!,= L'I'A "ht Conte t: foul mall on .0 ar., lurid r 17 O cn tJ..iot. %0 be :..IlC b:-, • - ',cr comp-ny Ir. or 1":h .'o. rj-n11n)*.l; Vor 1 t**.t !t -:;c Ml-11 be paid b -.hc o7rr.�rn. er nz.il lore ti-.tai rIve �,iran '.0 cinzt-lalty is r•jr.-nj-. Sr. tUl•l*.Irj-.Jnj; not'! %7 to one porron .t on.. plui or . vac ,. r"10 LINI lwrolr. Virnt. pro•.'1141J, Grof! it c: bo payable at 1,La Ctx.t tl:.. ur`d no C. P"rt or n.,:; un-1 licn. -j-por. the '?71 I1011 \� M.•ea� -Lira rubAlvinton of raid land to rhich it in rurnlrhed acrd PuYnl:lo and collected ut the Taro time. v, shall dur MS the month It Sr farther ugroed and undirr.tood trot the water ComParty or Parch in each year ascortnln.nnd determine as far as It can the actual cast that it will 7e put to during the rucceoding year in maintaining, hparsting 1•nd f-irr.1 hing the %.ter for irrigation purpoeas from the walls heroin metiorad to sold ton acre tracts r_ r}eatSvaly Sn auffinlont quortLitles to water nLre ar heroin provided, oral shall at tlte 'rued time tascortain owl dotornlns nbat axPonse it w111 bo Put to during the succeeding year for furnishing water for domestic, household, creek and tiro purposes as herein pro- • ',vidod'tltrough said pipes to raid forty ocro tracts in sufficient gaen•,Sty sr. if the said tract was . occupied by ore parson, Chi sumo time oscartoln and raid rotor Company shall al WA determine what it rill cost to tarnish electricity for lightin arpoaoa during the � d year to raid five and Lon acre traotr roapactivelY in the quantity of d can ' . rein above mentioned •die 'P�ror to tan ocro Lrnots and 24 candle pawar to rive more truota, and raid •'afar Cda- _ l shall at the --=a time oecertaln and do�- hrciozeawho; of furnishing • nlrhingraid water arA �1- to�i rw the raceeoding'yoar }n nc 11tio,t pe p • _ ' „• ,'•• > "lIgIre- .. :aned for the .p ation ac as onr occupYlnt sarlt `•'' furn1sh,n ch additional water ror S purposes P .... � 1f - : "�' • 'i'.�r•xY :'.3P•ti'4�a 6n lltir than ton pore Lrnots, arA also tile addltlonnl expanse SL will be put to r4ccoeding year Dy reason of Its turnS.:hing water for - ril:r: tS,�.and tJre ptirpbsoa as herein provided to Porsonr. ocoupying tracts of land seullor Lila tim ;•'1'_yuSd .torQy,poro,tracta as heroin provided, and also al the raoo limo Lila gates Cos•anY n 4 . 1 ,�.:v; ,r• rl,sll,t}s311rtain.drtd EatormSne what adAltlnnal ezponsa St will Do put, to du:dng the Jun . %r J$ y.; F. ing. y9, +r•.iin.ftirnirhing'eloatriolLy for lighting purpoeas to por aonr occupying Bald land in I '"-'sr '. „?•-_ ,f.`µS.n;igignti?ES +ar dl_a�P trac candlerpo`erdfor eacltrive,acre id tracts, r4ct`., o a.si?i- 1p'Fursch occupying each of am and such additional post for tar ,{.r. ; . . Ssning,seidawote,F for,irEi�ation purposes La pastier. desiring the sumo to trawls n = '.�•i: „•' yii" thaxf; `'l0; ncte'LI•PCt s,sha11 be on oAA ition:l cis. rge g aainst and lien upon the land to ^'''� ^^� vrliiohsa�d wutar;ir. "iLtrnlrhed Sn tracts lose than to acre trocts, in adlltian Lo what the ;' :- •'�;``�5, rga;po�6oroof,Sprnlrhlitg rater to said ten sore tract as '& whole would be, arc e f : addit lotial ,a art.. of.furiii shing`rstic,hourohold, stock and fS:o ParposMa - n to star for,toma degiri fife C. oacu ing'trnota scalier than forty acre tracts AF t ' against end lien upon the land to which snSd water . i p dad "shall be.o:n addltional cha a age s`fornlshod.forcr•aid Aono i stio Purpor.ert.�ln addition t the sect ursl charCa of furnSr Sng '•+ :� " 'ii:" raid oaf :or,per ease to on parson occupying raid forty acre tract, and the additional v ?n•.: ntirhing :••t :.Y�• .' : :'� �, tprt of'Su, such aI etrlaity to persons dorlring fife name i quantiiio.: Aer.irer "• + ". t. them -- 6ceupy t tracts .^•:a:llor than said five a n d••tcn•eora tracts Sr. exact.:-. exact.:-. of the '; rltin such electricity in quatttitiaa above ncntlor,od to Bald tan m rive . :VA• ft ;;,boat of�fyrnl 6 ra id yccooAing year shall be a ctturgo again.: a,;cf lien respectively c1u: Srg land oggcuPlod by the perr.or. r acreaonr. to in such actditionnl electr s •" _ ,.:.f uriilshocl;ia urt c'I)n t tin oltarge per Hero of [urrtSr.hing such of oetri city Jr. the quan- non Lionncl to one person crouPylnC said flea And ton ocro tracts rosPaativoly. in mentioned IL 1a further aCrand that all runs. here, rtton ar.cortninocl by .W to later siw11 be u lion upon Compai>VV the land etv:rgable thorondth at heroin P :o'rlrlacl, aryl ail - euehsuas.ehnll bowmo Auo and payable to Lilt! Company on the lrt day of • ' r y +r';'. =t.'�;',...'lonind the :march in which the amount of the rur.:o 1."• o re h od. '.in detrrrining the 'ol,nrgo er a ��hL "eovesia•.1n jLO nrcomposin? sh all e rate, Dot J�1 necessary for the Toter Company - - roc.*. elargos uCaillet any one piece of land ta M l by oho parson is le na ee cha ne`blor 1 � � nece 1] 4. Lcrirod in ono grass sun, but the lam or l h`aaramolln`cas.ocSLtcrhould become - V . .. be dosignatod in sure way ro as to identify to no ho- tovar, tlto astira.to or any of raid corm a ra',ror.nnti.tivoanllu d ormara more the rator Llrun the actual coats Yor such parpose prov to De, t tasted tl :nraU...^•hall be ratified tw1 Lo sach.rebute proportionately or, lira rest paymetx to be <' h coats to be puld tir.: t.. :a Sr ,•G L. mejlo by thorn or. ur ' .... r ur: of raid uctuul cosec u:: nude t:;' 'he �`'•er • If, h•::roN r, the. - a,lr.1 c i:: ••••. - J ,,:arc`s•,• r.,aal at lac r.at p .,.. 1 .-, a nt to be rule Co: .I:ony should'p cvo to ba S:r.:a.'fleloa: r,):* aid p filar. WO in Chet ovbat email or i rd r. n:'rc t - l it l.. :rya cos hl.: ^r ^.1' "rt.i ot or ci:a aiGitSor.ol costs acts raid respoctivc orttor. :•l 1.1 and horcunrlor for nv,nr - c 1::: :•t or :$Srtnlnir.0 rccacsar1Ij Srcurrod by t - tc: Co : ' t " u' h n i ai r a rtuted. rl• rr �- -. the wnbor plant-. anal elect 1:Rhts h . b ar.o due under further u'r!crr.taod ut7dCd rospecLivono:nhec'a of tile lend nontior. In this contract to the Y'ator Col : ry:r, / 1 in scalar '- dn,.ainiha, - aiming 1.rd Lhlc contract or. ,.enourt or suet• uxponner do rj Y !i t „ or •rotor for opt•rctirC sold Trolls anll r,clAnc : ^l Sr cu -.t :action ti :o :uwit!t, tl :a rh r,�tt are, dm;nst Sr, purpor•os and carts rl:l,:,; electric 1 rr: l ac 23 hntroln rurtlonorl, -::all L n unrl to crash: • ae acme is l': : :•nlat:ed ru: Lilo anu,tnt rluo tlra 7e•.e: be a liar. upon 1: l rl:la ! her,/ frog said t•u-Poctivo hard o•. fro: the time surd rer.l:e.alyo rams ar° ,,1eceu` it coma ca:•+ o.. ^uc t: ce suns or o: :y or %hom or coy pot•t c •+tticlt au:;1 . "utur Compute :.:.. ! o: 'oat!: r-u:a t:.0 lr.::d ot• l,.rrSr. fa: 1r not ::id ,)-.on duo ::)rat or" t::c a . ll.a ' r :.-.d Sa nnld it, fall, urd •.hn voter or furrlsl.irtft'•'+•tcr u:• ;;; nl. r.r., - .. ••lertrlcltY Cot• 1.qv p:r. pose co,puny shall Dc urder nc ub11C;,tlur: to .` •11 .rmYler shall be paid i» full I ., .t:+lr it... rush: 1-c , rc s. a• 1 : m1 nl•:ctrlel t, L:.c:oarter ::•a::l. 1� .._. i :d for �., .. .'.l .... f Sr.cl a•!Sr:); !.n ,,: oi•u : : :u :•„tu cost o::..:.: u ^':or SL :s•cu -:.cos rd.lis also SCett !., .. "!R:: '.a, Is F:rn S.r• d' is fi t".. nut • . C.r.:d C or e:ipan::n:: me purpo:a w:d s.a:o 1:: ^1.ir., {ton u:: rc :uu»t .,..r 1.1sd1ctictt Sn Ll... .,!stn of 'Ya.. cr!r.., t:at: ir. ,;,y •: umPotota soar' b , - h-: om t'.tul: o'm:irg o Nary Srtoroat Sr, lira lun•Ic. upur crla:h ..Sr;t ,:✓ ....r: all 1• to fa'lt llo,t'b A. r.uat: lru::l 1'or tl,u I ..,... nr axpo , � e A: -curt of Call oontt or explodes slue and unpaid, al:d !r woh tg tt r lv.nhlrrtonrthantin 't � ' ..e: our. rlu,il be !ml, ir. uscurlaree with tt;a loon of ha :iSuLe of forma ru: tl :o foreclo.ure of rort. :0.1.6- un Caul er. +,ate Srolurling the r..rner of brir.Klrg eerier., nervice of proeore, and eJle Procondinl ;r. lawdinit up to a nd lnoludlr,!; rl0e :ee,otler + of Cale And return. therp5f, posna.^•nlon or th0 Inrd under the awls, r1;Sl,tr. �f ro•Iemptlon wed r1.rrlfr's decd in rnro :o:!artptlor la not heal, ull of nhloh pr:;eeedlnjjc shall be tta ra-:a ar if ruch pro:cedlrgr nave for tho purpore of rorealosuro or a real estate Mort. ra.:o• - It is further Prov!ded rant In u ruch aoLion rho nafd racer CampLrty au.y join •c dnfardwr.tr 6Lnrefn - ,'a owners of .nd all partlot fnterostod in one or moro_of raid rop- wrote pieces of land to eltleh water or electricity Sr furnished for any purpoxc, And say Sn rush Action have the lien all -1rnt each of nuld roparato places of.land renpe0tivoly foreclorod and each of raid respective 11100611 or land cold for the amount of the lion Arylnrt ruch respective places of lard, and in such cane the proportionate coats and ex - . Porsea of action to foreclose rush liens shall bi'llorno proportionately by •ash &are of lw.d upon which a lien Sr. foreclosed. s '•, It is rarther onrood that in Addition to the regular oostc- pr6vidfd by,Di�tuti' :' • : ?: that a reasonable sun as attorney'r• fees shall. be Allowed and, tazod, :us. .In_oaid lia4 -i�q Son in favor or the dater Company and that said.attorniyz • foedaild. n11,0'r.?1'aji ;.aotCti_nha�l ^ >- b° included and be A port of the lien and judgmont:' agalnlit haldiland ,tiport,rrhlott,�a_l�in ;i,'•;' 111 foreelor.ed, unl in care more than one piece or'land is embr"dd.ln Ilald ea eurts and attornay's foes shall be proportioned against said.la a_ ° l1'an3a", ^rS"- ��• foraolosed more And ¢ere alike. .. .... f� ;.•.,.a;,q• ; ; :, try ; - v .;n7 ;it' • ; t - � '_?!,i.'iG ):+ifi'�yiy^Ri It Sr furthor agroad that tiro Land Company will within o raabo4lab�a ;,•� "o, the ticif•. _ .fto: digging and equipping any well or wells for the' purporii iiforaraid� y9Xe - _ "... liver to the t'ater Company a deed or deedd conveying the Ion d. upon.whloh eft i.tod to the rotor Company. fxiid deed to. embrace'fdr' Bach't`iell' - ol) •n1 ;Li!> in rqunrc form surrounding cold wsil, of which raid wall should Wthe "adff'tiar u •••cud upon between sold Land And eater Company- '° • "'^ ; %`:-1 ?6C±- �;E?;:)•n`; fy tY • P P rlyt. Zxloh decd or dcrdp Conveying told lands shall be executed no intO17 t1itAi' ; ;B I�Si •. ccrtl :r. otter each of ;aid respective xel),i to tie concoyed'Ora ooilrttitotud ofnd stilly ?'ityKi ped by the Land Conpony. - :: ; ; + : ":;:f- •;R ?'t` "'� LL in farther orroed that the Lend Company a)all, and door hera lry giv$ t0 G'. r'wtar Company, over rnrl along Army ditch carrying motor for irrigation purposa,D :at : ;Cll�,�! 1 tined a right of inrrens and egrets to, from and upon tl:e land over which suofditahj;,��•� ^ '. runs., to a rufficlert dintanco on each rldo or raid ditch to ponhit raid shEoT °Company' : ;` *'�� d to bOnP raid ditd: in repair urd to rnir,Lain the nano in Rood condition, and olio d.rizr: or right for * plrpote of ;.ecping told v;at°r pipes used for , domaaLio purpos said used ales anal rd :or. r P for furnishing light,, In good repair arxl conrdition� but.'en1G =4 j; Cerpwlf 1. 11 do no 11 . -ace to raid land over which St •i '` tic•: iot or to tiro crepe g iC; g. -.. reor..excep� ru,y be abrolutoly necessary to keep oral n;;intuln said di•�thas� pSpee� 7 ;'� pales and wire_ in good repair o=,d condition; n ^d this rl.lrt In the rater s)1a11 :5' +', Do bindir.(t or. tl :e grwntoen aril their ruccentorn in !nteror.,'or the Land Comp ury Yrne rhos %! ; ;`" npeciflcaily rertioned Sr, the dead of corvcyenee or not and shall run with rhea land : ;• :, ; ;• IC Sr. further underr.tood and agroad that tr L y lard how owned or hereafter Ormed t1'., f.rrd Corpar -j nhici: 1; Corveya to the told rotor Company In eonnoction'xith said wells ? or ditches, urd all lard thtt Is nor, owned or heroarter -owned by itc fond Company and Platted into a nt- cct,ruud or alloy by the Lend Company or its cuccer.^,ort In Snt.'7+eri•' rd „n:; and all lard now or hur- -.ftor ;r. by the l,nn,f rpmp,uy which it hold for use or Arad fcr electric r rifJFt or way, shall be Cxolapt from any portion of raid Cott ? , And experr.an for nry •1 of ti;e-purpores heroic above mcrtlorod'to be Sncur,'c� '6y the rater: C ° =P "Tt/ and that none of the ozpcntet incurred by the rater Compinyjtor any of t: :e pur pate.: P LW-10. --ed shall be a lien upon ant/ of raid land held or used for err/ of :- 61d last rer.+,i oral n haro .on, but that Sr, figurin g lire aeroage'to(Stny the axpenser. or said Cr t'anpwt -y a n ha_eln provided all ldIds owned by tho rater Compnry and .11 lards used or held for n%rect, rand, alley or railroad purpoto.^. rinCll not be. Included thoraln. It ir. to : ;l : r do'CS is cr undor!tooe crd agreed that if a shortage of water for Irripptlon � Purl ocrr 0: a thortAgC of clectrlciLy for 11(tl:tlnl p!frposoe .:l,ould exist •:on ury dune °mP=rY il r:y r hat u ver th:ct the rAtor Comp:ry -Mall snot be -liable therefor to long as %h° �' sed all reasonable earn and erfortn t furnith '.raid rater and %Pt • l :fl:t heroin provided, unl in ruch ever., o rush venter and 11Cht an r.ay be furlrlshed stall :e ;!bu!ed nry :Asa ocr a ^.rc to th.c vurlous partlon ent itica thereto under salt con- In f:r;7 prav (sled that Sr. Cate Cry Ora or the fur ,r- I : ,., Pe snort re0 elvinall elec ripity' :fY•'.'.� rl, to tC1 x•311 f ror,tn. t detlrnare I1ght, Ch;-t !ho Tatcr Couvnry ::rrlsh the ra. :-e to :':em s r rate: Conn r•, for U:c U:LAUl ozress cent of furrinL•ing 'he ::&--.a by the i It In r -r;her provl•I e however, tha+, each person uninl: nlectriclty cF ;all ur LYSo our. :r "• - r. full install at fair. ova 0xnrrso U ro ter -c; in unI raid - , erir -C the ar t our or nlectriclty i rote: ut All re : r.oa •y cr !ee Atonable t!. be o19m; to SrapeoLlon by the *'a•. er CT - t•s . ra, ?0 --n%n are. o;:ployeer.. .r f::thc: n :ovlde4 ;L,t each 1,0 --on yurcha -Sng lurid from U, Lu C ; nn cC -p rl :all to •w s, ilad, ;pan air. h.nvlrg =w --1 full pay: r ont for aid lard, to one zl.a :e of tl.! :w }'sal .ocY, o, nafd rUt! I e;, -roe .:a: tt,a Imr1 Co❑ ny r Cocpary for rash acre or land to ormed by MCI Lr. l Cur rJ.nll f *' J it bCinr. tl:c ir.Lert of this Lc ovr:ri u;: oennnt tfu,L Z. W, ntocl; ugly by a ar of the 1 'r-- 1 ;co^ered p U! y In a!;reemor.L, and If any per-on ry to �f :a ra11 , -Lac); a- dry of SC Sr. trannfcrred rl:oU1.1 Cell or dl spa cro of said steel; Lo w Pv:su. ^, yr po :sort o :!rr tea to +1:c person to rhos Lo roll rich lord —I that only art rA fur Duct. ac:•c t.oid by h1 h„ rhsll t! :urnby fortalt + -11 r1ZM %ry ..;relate otter cf lilac; n ` u ' t e v vr a -•Ict• Lhit: nortract no lent. ;.r he r•ear.cd to be 1, %'i.. ruxdvr of cues u wr. equal nu ::>cr c .`�rrt „r ;oci. Sr. .^.al r•mt,;: r :oapary to the 1 • „1 . '` •i t� " X11 rot relic o hin - oaf he..l_••1- - uvcred by thin 4Snt- -A and f� :rlthlr Kalil xuter onr!l, f: a � 1';'y tn;; ,% J: . -.t :.rcnar +. % Ion:. e eont of ¢ .q... f yri_ ,,. M na•,e: P.;:en an! ClecLrl- Ly for 1'.e —t!r,, nu.-- i159371 '' 1 t 2 Y.ie .,..., 4 r i i Igg11�� K` 5��1''<¢ rit? ;`S;;v h�I • ' , '+` l tGtii'd t 14,4 ?' o ' s;A ' , i u +wt_ ;r -i•, -3 m49:.� =_ ,,, r te•.. �„�. „ter i rantr s ea.ere by ,. p+rriasln, arty of Lnn l:.rr1s SSa Po «ea on the basis I:ereir. above provided. n cpt >Lt�.id o 11 U • Vrl' I f +:the: orrn or eA r 1�iTreT�`S'� T S+t It It d Cur:,rrT•Y rr.Y of lt« cotta «.q r?lo'n4,�.. ov ••v. _ooman% fror: the I,ur• ff� ct,• o[ reed l lvrl; ,rotor for Sr: Srtr.tt or. and doves'. o h1�• )\ •tilaGee for oacl, •ere oT lento purelwred Ly only a ll tit° eorrtitlo ",c"ofltr.nlr. vse,ar�Co'p,•lty par chn..a r.r.A o°eooe the e tS�.l l One share It oryapei son nit void P^TO �T 11 ghL un lcr le rout racL oo or_o�thn o.ar.er of a Prthe o ,hall be entitled '•o e< CorroanY to •.he ,.mount of lr•r rl pu: ch,.sed tore he «racy. 1n «aid rotcr tFe P' +cl >ano of c.•rrying oil t•:is �•: :•� porLlonute titer. or ,. rood anti arse ml Ll:et for «If+res of 1e c dl •.p1t�l i ?t IS furthor unr,e. •'• SLaA ,rl •.r• tta th ird party 7 su Jto: l.arectert ror.A p•rtios Favo doPa« , old S.tmd Coap:.t:y i« I:eroo dy 333 iii•••••• . Went the J10 rotor Conpary, and the t,ar.d ,:.,.pars LOCk Sr. aa1A ator Co, a'Y or. •crock of to •,ho purctn «or of land f 6cek L Ot Salri Po'. or ConpattYY for ei.ch •°ate of lard co l to turn over cap d lard, and for tint par 1 I the ,.hare at the p +, thr, srchascr of -io SL �y 1 t bads of arc f; , • sold Stock o P' into ce:tltinotoc of such r.ize 1. t • purchayad or ctlarlio I1avo sold •rock cut uP ., vote all tt:a,rtock tutA Corp•nY p0✓ Shall hove of nil Linos the right o arty bf p• +=" I oso tlr L - „atria' t„ ner,u°1 pray I . coo ovor blh6hen tod tt:o land Cpmpan, n.,.h has notAOac'' ded io purposon d "on any as horeln abovo provi. a: oleotrl ^.Icy for .turn tlto Lar. ater for S: rig ;orlon or rue«or. toils or nalr chocors of land fro t Whom r or • If any per be fur 'under this ogre onentti Sng'an1 ensir F,, tar tuld rater i o «ee are to nrt by not pronorlY 1 +, cor.LrarY to a,is aurae- ' 11gl1ting P UT t thistSreaSent on „ go to Neste or Who uses ' canl'ly or Y pornitting a hi «t .: Ju rsst proper proport •to ion of the cost of fur ' O:,d „I.otricity or neglects to p Y ,111th estlmntc h betelrlY and ,l t ,Pony', W ho roruse= e ..tiy,r,od by the Yatar Company actual Tacts, or ,ho re i the. rums s•• and in accor Aorco .. w, the art a1,ar re nip b. O by the 4'aL er Correct Comp to ..Ply rlth thi•• ullrcotaunt on I:SS P .p ly et ne[S1 eo the rotor any ptly shut of l' sti ta ch p er ` ._ Salr respect falls that he do , ° the cor=e to such per•'•on till u C ! i i •_ a,Y.oT pot o r Company to Turn i.•'•h vv, Corr {I ,tiuest by t of them tu:C refuse crt, ar:d does fully camper. «etc the ' or either this ogrean f or.- or. hit. P n.r.00rnllxr.cc herewith. vater Coo- , 1 { at comp cu. ^•tairod borau «e o hlc ents o[ the t sot; door Sr any ly X61 it has t rTir.ors and ag d a+reeA tl,ut 11c ° -ound or pror.,ir.rr...,.ter ?'• to .t parry T. go U pon unrlcrrtood un ` on any o ra f tL•a �- t It .. tines con•.tuct er any prclsn eo r. covered :y t• ^•1s t at all rau.:nnable a +r.^.uru;t tti tills rrttcther Or r„t ti,i,: r.Lr�ct lr• t ,'1 i par ry may r 1. [ 1 urd notor::,irinfi t v511rh ..r,/ •noel far ar.J , •i tdtioh. o lectrl ^•S.Y f•he « er 1 a nctaln - cortr>ct for he purpo tse of tlrcertalnl Perrot' mo :.'• of t old lat:d or ntar Ln. ^• ont oo , s' et 00— eonplied with by t1,r, o :' ,� I« firnlsheA u 1 O,actriclt:; ••• being; for a1,"/ t ur rc• ^•'iv1nI, «uch ,sn:er or or vier.,,: ^lty or. 001 no u «SrR tr.:or• �occivlrgl note: o: ow p urpose ors e'_ not Such a yl 1. try ^.ugh 1 %'r.t :letly t c 6ct=« o. - nhether or contract on t1r.1r !'t''rt•r not canply . t this contract dove •a r ^td.ar Co-.p� i c.. plying ,SW: Lr-l« +rpo•o unror or �tt Such Sn«pactlo ^.1111. ^.uch ti:e a« : ; '•”' or :uf::. ^•o« .0 1' trlcll'J . r v'a:cr Conpaty ray have , . •;✓ � 4Y• trlcltY f c t-. ; orP111« port' rueh ::ate: o: cl¢a y , 1s:•u,:a • Lhi.. ca con rt• "•t att} �• Shah, off enc A3 «continuo • phy L, y V11t It' With 6t:1• c . LY5, aampllunce toror:lth. u ..1..11 .c^to.e . r1..,a•a: or yon OT POf SO7V• d0an 60 this. nor. CA that '% a r'at c. Pa• is ..r•. d t7 rcar.or. of I �d ug :o•u•Ir« b tuctoino uraor•'.toa , a of .:r�anl; , • t .... It Jr. 11t Q,.or a..,l.ily.T lu •hoc pu: po•' •,nlc: :•i•',•ticn tt,..y r0.. .;.`• light at arJ •.r.Sb1Y can cut: +.:•:: r.L ` r.t order n! fuf.' + "• .cone �• Li furl toraurdnrntoaI ad n :,Stmt nonthr. a- ::r.yr •' So ta:d -.tut - %.ter •33 ',3.. ';;:�' .t c ..,.. ., = s•1rdolM t -0 to be turn F •r .'; 1 : ^.`: ^ fr tit purposes • Light 1 ao+h t . n LO •hd o:,if ^ fur �'� �.11 rhe V:'uvi r.l�I: Sn p r. to r.l.norl I •, Y Ihh u..a d Pu^p .1 Old So` «t'1:erctot•�t.,nl their cuo::¢r• ^urin� «aL ^•, Fj :•; ,,tie 1n -that under••• , t •uLer nttl ll•; t I crr:ntr• hc:cSn Sun: eov ..r1t:, the 1W:d W:d b1r.•1;n5 u'•ot the roSPocti _11 run:ila; !! ^ t Do DSrF11ng uPo" ° rrff`'•FaL `• venarta l nsr.11i idcrmI u« co l aa� . r.d bdnlnlstrators ntr ho con'• rn aarnt. • •.r +r..rrt e • ;�.r: aY.all for ou u,d,cov roll bvtiaa•he: eta h1. nS Soot un <.clr. al: r . i a __;,, the otm .. orn Lhr, r" ion ,ct:d Lan ;. • In <n1Lne «« nl:n oaf ;.;a•Icrr. Ir:'1•�`•' l:;t•.r.ur. vu nrit.ton. 1!. !•.Irl'•' I•: •:;•.i a .,•, . yoar flts'L ubo �eilnrn IrrifIl ll.::.�• ^ ^• ,.r...:1• ` hod Land C¢np ?r.- r aarporotod _ Y.m;al n•!.,!;n1;un:: Ll i • .. it A• iiataltlr,cor• _ . C rater Company Ilia . ••d'•^•' irie tu'lenl Pia j1.b- Ilutchins S dent• • : , .Wlnrr Floc p:o « - ` 'r Co- p ,a � •,In-, :poruted 1�J5, .att•rl.,. •..r -'.. Ira t'• reaonbareA, ;1n•t on thle rth d +y a[.:=.,f":�; } - Jl� 1 Bohn 3TI."l: �y::A:F:it!:rT t.a; b. 1T.ISe.baTor� �ho r+si'1 CounL�vfp' .'v. Ituvcnabor f•• d Co. a Ilota ° L ��'a fad M Ituwhin rY Pub It• nof. w . ' � c;•:r )r . , c;: '.:. if adt PaTaonally ; IP - : -• y °�;iN: _ I •r'slonerl, a-orn �� _.. _........... 1.r.•I Jtot:, Ivly oo�t".r'�,• ' �:.•r- • --•_. .... v RECI IVFD FILED Ok :iECUHDED 9011200217 Nov 20 1211 Pik '90. VO1.11:� 5 PAGE 96 WILLIAM E. DONAH,U9. AUDIT -0. SPOKANE. cQQNTY.,WOIH. :ON Spokane COUNTY ENGINEERING DEPARTMENT Spokane County, Washington QUIT CLAIM DhED THE GRANTOR, OPPORTUNITY TOWNSHIP, located within Spokane County, State of Washington for and in consideration of the provisions within Chapter 45.80 RCW conveys and quit claims to Spokane County,' the following described real estate, situated in the County of Spokane, State of Washington including any interest therein which Grantor may hereafter acquire: Assessors Parcel No: 21541 -0111 Lot 11, Block 165 of OPPORTUNITY, recorded in Book "K" of Plats, Page 20, in the office of the County Auditor. Located in the Northeast Quarter (NE 1/4) of Section 21, Township 25 North, Range 44 E.W.M., in'Spokane County, Washington. SUBJECT to all easements, restrictions and reservations of reford. IN WITNESS l,1HEREOF, said ,OPPORTUNITY TOWNSHIP throu statutory township receiver has caused, this instrument to be executed this 13of ® NNovem r, 1990. 9000018930 UNITY UNSHIP .E. "SKIP" CHILBEAG even 1 son �pokana Co y ®� St Township Receiver &Y� )VN' / /AA'�u ATTEST: WILLIAM E. DONAHUE Clerk of t Board B Deputy Cler STATE OF WASHINGTON ) COUNTY OF SPOKANE ) ss,. On this 13th day of November, 1990, before me, the undersigned,,a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared STEVEN HASSON, to me known to be the Chairman of the Board of County Coum issioners of Spokane County, a political subdivision that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said political subdivision, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute the said instrument and that the seal affixed is the corporate seal of this political subdivision. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. AJt ML Notary Public in and for t S the State of Washington, residing at Spokane. N 0088K/kc/5 REC1.IVI :D FILED OR !tEGORDED REOUI: S I :)F _. t1ov 20 1211 PH '. 50 WILL1.1i L. UONARUE AUNT012 SPOKANE, COUNTY, WAS", .,.., ..ors 9011200218 VOL, 11 .5 .5 PAGE 96 SPOKANE COUNTY ENGINEERING DEPARTMENT Spokane County, Washington �� V � r _�" QUIT CLAIM ISEED 1 (C �THE GRANTOR, OPPORTUNITY TOWNSHIP, located within Spokane County, State of Washington for and in consideration of the provisions within Chapter 45.80 RCW conveys and quit claims to Spokane County, the following described real estate, situated in the County of Spokane, State of Washington including any interest therein , which Grantor may hereafter acquire: Assessors Parcel No: 21541 -0110 Lot 10, Block 165 of OPPORTUNITY according to plat thereof on file in the office of the Auditor of Spokane County, Washington. Located in the Northeast Quarter (NF. 1/4) of Section 21, Township 25 North, Range 44 E.W.M., in Spokane County, Washington. SUBJECT to all easements, restrictions and reservations of r Crd. IN WITNESS WHEREOF, said OPPORTUNITY 'TOWNSHIP through its status y township receiver has caused this instrument to be executed this 13th day of N Aber, 1990. 900oo18929 ,:.Use fax Pei a, Sale An Pd. 01 "SKIP" CHILDE?tG Spokane Co ly Trasi 'M 14 I IT.x��i v ATTEST: WILLIAM E. DONAHUE Clerk of the Board B eputy Cler STATE OF WASHINGTON ) COUNTY OF SPOKANE ) ss TOWNSHIP (..,orSteveT -Has son Statutory Township Receiver On this 13th day of November., 1990, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared STEVEN HASSON, to me known to be the Chairman of the Board of County Commissioners of Spokane County, a political subdivision that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said political subdivision, for the uses and purposes therein mentioned, and on oath stated that tie was authorized to execute the said instrument and that the seal affixed is the corporate seal of this political subdivision. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public in and for the State of Washington, residing at Spokane. 0088K/kc/23 c , t ,a YG , Phis sketry is p o:iuc�- " h c§•'rge, for k/ IILF6CTRZf1G:L 1T. 1Ci JIC°1L'•i'.'� -tD sh0�'J all n2i:Ct5 �^ . r Cll'at`s;IIQ. �?s3: 210t ='IlliC+". . "d relat d tofu f ro .r y i : area d ,.: nsiens, eruet ert, enGrca�'.1' mert°, or ,. ,,,_.. .. �. _....: —_., .._ •.. rr C ur s it i 1.' xati0il of bo es G r ccr ri >nt r" pclicy to wlict_ it is modify, t r • 4 � 17ae cGmp� ^« sssua es a nQ I SFpi� ITY •� l rc„ lm it —ld -Ir rala:Fcc1 to this skEtch. hei r for a Y the to an accurate survey for �. 6SYould be sw 4 ri iro .e ,3 s � i ,6 ` it ii io s c a 3 ii io s s 1 • 31 . . 4 so o• o 7 a A 11'7 �' I CoLe 4 isz f FIR s ,;a" 33 A Q i4 31 3 �� -9 �,o o F/R + A�Df9177O g L' e l/ s F241 8 W it r, y 7 0 (D J drr- O AL G 33 .�� S low 9 _ b(. 7• 70 C I ` 9 9 I M 21 3 -Qx ��10 i3 ®p 3 -� •. b I 85 107 s. O j I 1)41 -,g � I © o aa CIE I I I t� o ;D _2 w r NORTHWEST REGION 1010 South 336th Street, Suite 215 Federal Way, Washington 98003 (253) 838 -1054 AGENCY OPERATIONS 106554 1h Street, N.E., Suite 428 Bellevue, Washington 98004 (425) 452 -5353 TITLE AGENTS Washington Benton . Clallam . Cowlitz . Franklin Island . Jefferson . Lewis Pacific . Skagit . Yakima Oregon Benton . Curry . Deschutes . Jackson Klamath . Lane . Lincoln . Linn . Marion Polk . Umpqua . Yamhill A0 COMMITMENT FOR TITLE INSURANCE ISSUED BY TRANSNATION TITLE INSURANCE COMPANY 14P Transnation A LANDAMENCA COMPANY HOME OFFICE: 101 Gateway Centre Parkway, Gateway One Richmond, Virginia 23235 -5153 1- 800 -446 -7086 NORTHWEST REGION Washington Chelan - Douglas Counties 700 N. Mission Street, Wenatchee, WA 98807 (509) 662 -4721 King County 1200 Sixth Avenue, Suite 100 Park Place Building Seattle, WA 98101 (206) 628 -4650 Kitsap County 9619 Levin Road N.W., Silverdale, WA 98383 (360) 692 -4556 Okanogan County 715 Okoma Drive, Omak, WA 98841 (509) 422 -3490 Pierce County 6111 100th Street S.W. Lakewood, WA 98499 (253) 589 -1488 Snohomish County 2939 Colby Avenue, Everett, WA 98201 (425) 252 -1156 Spokane County North 720 Argonne Road, Spokane, WA 99212 (509) 922 -2222 Thurston County 3905 Martin Way East, Suite A, Olympia, WA 98506 (360) 459 -2331 Oregon Multnomah . Clackamus . Washington Counties 12360 East Burnside Portland, OR 97223 (503) 256 -7400 „_5 -q6 NO. 96 1054 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY IN THE MATTER OF APPROVING THE ) DESIGNATION OF OPPORTUNITY ) RESOLUTION TO WNHALL AS AN HISTORIC LANDMARK ) AND SEITING FORTH STANDARDS FOR THE ) MANAGN ENT OF SAID HISTORIC LANDMARK ) WM RF AG , pursuant to the provisions of RCW Chapter 36.32.120(6), the Board of County Commissioners of Spokane County has the care of County property and the management of County fonds and business; and WHEREAS, the Spokane Historic Preservation Office has advised the Board of County Commissioners that the Historic Landmarks Commission has approved the nomination of Opportunity T as an historical landmark as set forth in Attachment A , and in conjunction therewith, has requested that the Board of County Commissioners approve such designation an d enter into a management agreement for the same; and WHEREAS, pursuant to the provisions of Spokane County Code Chapter 1.48, the Board of County Commissioners is required, in conjunction with the designation of properties as historic landmarlm, enter i a management agreement, the purpose of which is to ensure that the owners of such p agree to appropriate management standards of the same; and WHEREA Spokane County is the owner of Opportunity Townhall; NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Spokane County, based upon the recommendation of the Historic Landmarks Commission, that the Board does hereby approve the recommendation of the Historic Landmarks Commission that Opportunity Townhall be designated an historic landmark, and additionally, that Spokane County will agree to certain management standards in conjunction with the designation of the property as an historic landmark; BE IT FURTHER RESOLVED that the Board of County commissioners shall maintain the Opportunity Townhall as an historic landmark and shall maintain the property consistent with the management standards set forth in "THE SECRETARY OF THE INTERIOR'S STANDARDS FOR REHABILITATION AND GUIDELR4ES FOR REfIABI1ITATING HISTORIC BUILDINGS (Revised 1983)” attached hereto as Attachment "B" , and Spokane County Code Chapter 1.48. PASSED AND ADOPTED this 5th day of November, 1996. 6 0-4, CO iia c oci 'i • -4�,. .p O •a S . b: ci of 'e D , ard BOARD OF COUNTY COM I SSIONERS OF SPOKANE COUNTY, WASHINGTON Phillip D. Harris (/ Stev Hasson John Roskelley � •. p 9G 1054 ATTACHMENT "A" SPOK.A.NE HISTORIC LANDMARKS ColvDIISSION FIIllINGS'OF FACT AND DECISION Opportunity Township Hall 12114 East Sprague November 5, 1996 SUhIMARY . 'flue Spokane Historic Landmarks Comm ion reconunnends that the Spokane County Connniissioners list Opportunity To«7iship Hall in 'the Spokane Register of Historic Places. The property is o«xned by Spokane County. FINDINGS OF FACT The Spokane City /Cowat Landmarks Commission recommended Opportunity Township Hall as 'a Spokane Landmark at its April 17, 1996 meeting. The decision was based on the property meeting Criterion A for its association with the historic events of the development'of Opportunity Township. AGE Constructed in 1912, the Opportunity Township Hall meets the 50 year age criteria for listing . in the Spokane Register of Historic Places. CONDITION time, the Opportunity Township Hall is in fair condition. To discourage Despite change in use over vandalism, the windows on the front facade have been closed on the exterior with painted plywood. and on the interior with wallboard and plaster. The original windows are encased and preserved between the protective layers of wood and wallboard. INTEGRITY The building retains the integrity of location, design, materials, workmanship, and association. ASSOCIATIVE VALUE (CRITERI A) The 'historical value of a building's associations with a broad pattern of events is a critical factor in evaluating the significance of a property. In the case of the Opportunity Township Hall, the property is associated with the development of the town of Opportunity, and stands as a reminder of the birth of that community. In 1908, when the state legislature passed a law enabling unincorporated conununities to form local units of government called townships, residents first fornned Opportunity Township, an irrigation project community. The township purchased the land from the Modem Irrigation & Land Company in 1 910 and constructed the building in 1912. The hall was built in the Spanish Colonial Revival style a style that evolved from the California I%.4ission influence of the time. The Township Hall quickly became the central focal point and gathering spot for the community. From the time the Township Hall was built until the mid- 1920s, Spokane Valley experienced a burst of growth brought on by the agricultural development of the area. The Opportunity Block at Sprague Avenue and Pines Road became- the busiest haven of activity in the area with the Township Hall as the home of township government and center of community activity. Remembrances about the building link: the strength and development of the cone nunity with the property: many residents of'Opportunity belonged to the clubs and organizations which met in'lhe Township Hall- - these clubs were committed to lending a helping hand to their neighbor, recognizing that neighbors were the only hope of help should a disaster strike. The Township Hall was home to the first area library was a meeting place for many churches, -and to various civic and social organizations, silent movies, and a variety of activities including rummage sales, dances,-bingo, receptions. The Opportunity Township Hall building has been through several updates and remodels, patchings and mendings, although the uses of the hall have changed little over the years.. Townships, as a form of local government, were dissolved in 1972, and Opportunity is now a part of larger Spokane County. When the townships dissolved, the property was taken over by Spokane County. The building continues to be used for community events. FINAL DESIGNATION DECISION In conclusion, Opportunity Township Hall is architecturally significant under Criteria A for evaluating historic properties. The Spokane Landriiarks Commission unanimously approved a motion to designate Opportunity Township Hall to the Spokane Register, based on the Findings of Fact, as set forth inn this document. Significant Features: all exterior portions of the building. PROTECTION MEASURES Controls No sig fjcarat feature (as noted above) may be altered, whether or not a building permit is required, without first obtaining a Certificate of Appropriateness from the Landmarks. Commission pursuant to the provisions of 82 -0038. The following exclusion is allowed: Zn -kind maintenance and repair. Incentives The following incentives are available to the property owners: 1. Eligibility for historic site maker (to be paid for by the property owner). 2. Eligibility for technical assistance from the Spokane Historic Landmarks Commission. ' 3. Eligibility for application to the Special Valuation tax incentive program. 4. Eligibility for application to the Open Space Special Assessment tax incentive program. 5. Eligibility for application for Historic Building Code Relief. Decision made April 17, 1996. Spokane City /County Historic Landmarks Commission 4 96 1054 ATTACHMENT "B Management Standards PROMISE OF OWNERS Owner(s) agrees to and promises to fulfill the Management Standards for his /her property which is the subject of the Agreement. Owner intends to bind his /her land and all successors and assigns. The Management Standards are: "THE SECRETARY OF THE II STANDARDS FOR REHABILITATION AND GUIDELINES FOR REHABILITATING HISTORIC BUILDINGS (Revised 1983). Compliance with the Management Standards shall be monitored by the Historic Landmarks Commission. HISTORIC LANDMARKS COMMLSSION The Owner(s) must first obtain from the Commission a would affect any of the following: A. demolition; "Certificate of Appropriateness" for any action which B. relocation C. change in use; or D. any work that affects the exterior appearance of the historic landmark, In the case of an application fora , Certificate of Appropriateness' for the demolition of a landmark, the Owner(s) agrees to meet with the Commission to seek alternative to demolition. These negotiations may last no longer than forty -five (45) days. If no alternative is found within that time frame, the Commission may take up to forty-five (45) additional days to attempt to develop alternatives, and /or to arrange for the salvage of architectural artifacts and structural recording. Additional'and supplemental provisions are found in County ordinances governing historic landmarks. r keturn to: Danicla Erickson Clerk of the Board 1116 West Broadway Spokane, Washington 99260 i 4973482 I Paga: I of 28 llllfl� 1a10it2003 04:14P SP01ME M ISSI04 MN 30.00 Spokane Do, WA INTERLOCAL AGREEMENT BETWEEN SPOKANE COUNTY AND TFM CITY OF SPOKANE VALLEY M',I.,A - RNG TO THE OWNERSHIP, FUNDING, OPERATION AND MAINTENANCE OF PARKS, OPEN SPACE, RECREATION TsACMITIES AND PROGRAMS 3 0790 THIS AGREEMENT, made and entered into by and between Spokane County, a political subdivision of the State of Washington, having offices for the transaction of business at 1116 West Broadway, Spokane Washington 99260, hereinafter referred to as "COUNTY," and the City of Spokane Valley, a municipal corporation of the State of Washington, having offices for the transaction of business at the Redwood Plaza, 11707 East Sprague Avenue, Suite 106, Spokane Valley, Washington 99206, hereinafter referred to as "CITY" jointly hereinafter referred to as the "PARTIES." WITNESSETH WHEREAS, pursuant to the provisions of RCW 36.32.120(6), the Board of County Commissioners, hereinafter referred to as "BOARD," has the care of County property and the management of County funds and business; and WHEREAS pursuant to the provisions of chapter 3 9.3 4 RCW, two or more public entities may jointly cooperate between each other to perform functions which each may individually perform; and WHEREAS, pursuant to the provisions of RCW 35.02.225, a newly incorporated city may contract with a county to provide essential services; and WHEREAS, all local governmental authority and jurisdiction with respect to the newly incorporated area transfers from Spokane County to the City of Spokane Valley upon the official date of incorporation; and WHEREAS, the City of Spokane Valley desires to own, operate, and maintain parks, open space, recreation facilities and programs within its boundaries which were previously owned, operated and/or maintained by Spokane County; and Parks Interlacal Agreement Page I of 12 ,e7. i ., 4973482 Page: 2 of 28 1010112000 04 :14P WANE ONM ONXISSION AGR 10.00 Spokane 00 a WHEREAS, Spokane County desires to divest itself of ownership, operation, maintenance and financial responsibility for parks, open space, recreational facilities and programs inside the boundaries of the City of Spokane Valley; and WHEREAS, it is in the best interest of the public that the City of Spokane Valley and Spokane County take appropriate actions to ensure a smooth transition in the ownership, operation and maintenance of parks, open space, recreational facilities and programs to avoid disruption of service. NOW THEREFORE for and in consideration of the mutual promises set forth hereinafter, the PARTIES do mutually agree as follows: SECTION NO. 1: CONVEYANCE 1.1 COUNTY shall convey to CITY by individual quit claim deeds in "as -is condition" all of its rights, title and interests, and when possible assign any leasehold interest, license, easement or shared use ' responsibility, in the parks, open spacc(s) and recreation sites, hereinafter collectively referred to as "Properties," or individually referred to as "Property," listed in subsection 1.2 hereinafter, as well as all personal property permanently affixed thereto such as buildings, pools, play equipment and ball field improvements. Consideration for each transfer will be $1.00 and other consideration more particularly described hereinafter. 1.2 The Properties to be transferred include: Myrtle Point Balfour Park Wrabeau Point Park Opportunity Township Hal l Brown's Park Park Road Park Valley Mission Pool Park Road Pool Valley Senior Center Edgecliff Park Terrace View Park Valley Mission Park Western Dance Center Terrace View Pool Valley Mission Park (South) Sullivan Park Castle Park PARTIES recognize that the COUNTY acquired Properties with public hinds and also from private gifts/donations. CITY agrees to comply with any conditions imposed upon COUNTY by its use of public funds in acquisition or improvement of any Property or conditions imposed on private donations used to acquire or improvement any Property. A condition precedent to the transfer of any Property which the COUNTY acquired or improved with ' grant moneys from the Washington State Interagency Committee for Outdoor Recreation ( "IAC ") will be (i) CITY'S adoption of a Park Plan and (ii) IAC'S approval of the transfer. CITY agrees to timely adopt a Park Plan and apply for lAC approval of the Park Plan. Each Party shall pay its own expenses in conjunction with the transfer of any Property including but not. limited to fees and expenses of agents, representatives, counsel and accountants. Closing costs shall be apportioned according to custom in Spokane County. ' Parks Interlocal Agreement Page 2 of 12 • 4973482 1 ' l lllll Palo: °� B0 • SPO10�{E �UY1Y OOf$IISSION Af>A 14M Spokane Co, Wh ALTA Title insurance shall be at the sole cost of CITY. PARTIES shall mutually agree to a closing date for any Property. Provided, however, the closing date(s) shall not affect CITY'S obligation to maintain, operate, repair, and improve the Properties as of April 1, 2003. i To the extent required by existing agreement between COUNTY and third parties or any recorded i documents, (1) CITY agrees and covenants to own, operate and maintain the Properties, as public parks, public recreational facilities, and/or public open spaces respectively, and (2) CITY may trade any Property or part thereof for another public park, public recreational property, and /or public open space of equal or greater value. Transfers of any Property initially acquired by COUNTY with moneys from Washington State Interagency Committee for Outdoor Recreation will require IAC approval. When considering the sale of park property, the CITY will rely upon the notice provisions and public comment opportunity then used by the CITY when considering the disposal of any other CTfY owned real estate. CITY agrees and covenants that it will not in any way limit or restrict access to and use of any Property by non -CnY residents, except where title was taken by COUNTY in a proprietary capacity. CITY agrees and covenants that any and all user fees, including charges made by any lessees, concessionaires, service providers and/or other assignees, shall be at the same rate for non -CITY residents as for the residents of CITY. COUNTY represents that it has provided to CITY all information and documentation it is aware of or has in its possession regarding the Properties, including but not limited to the ownership, encumbrance, maintenance, operations and limitations on title, use or conveyance thereof. SECTION NO. 2: RESPONSIBri..t`I'Y FOR OPERATION, MAINTENANCE, RE-PAIRS, DIPROVENT.ENTS, AND RECREATION SERVICES 2.1 As consideration for COUNTY'S agreement to convey the Properties, CITY agrees to assume full and complete responsibility for all maintenance, operation, repair, improvement, and provision of recreation services on such Properties, to include facilities thereon, as of April 1, 2003. 2.2 CITY contracts with COUNTY to maintain and operate the Properties listed in Section No. 1.2 on and after April 1, 2003 under the terms and conditions specified hereinafter. It is the intent of the PARTIES that such rusponsbilities be consistent with the CITY'S Council/Manager form of government provided for in chapter 35A.13 RCW. 2.3 Base Level Services. Acting solely as an independent contractor on behalf of CITY, COUNTY will provide routine park maintenance and operation services for the Properties listed in Section 1.2 above at that level and standard provided by the COUNTY or its agents to each individual Property in Pads Interlocal Agreement Page 3 or 12 4973482 Pag Ca 4 of 28 1 Jl 3tt,�J S�o� 0 1 12 003 ane ho, ,14P SPOKANE CQlIlY1Y Oa81ISSI0l p calendar year 2002. This level of service is hereinafter referred to as "base level service" A description of base level services is attached hereto as Attachment C. C.1TY and COUNTY agree CITY will collect all income from all sources on the Properties. COUNTY shall turn over to Cr Y all of COUNTY'S books and records concerning the same, including books of account and ledgers, together with all income collected by the County since April 1", 2003 presently held by COUNTY, including security deposits, and shall provide CTTY with a full 1 accounting of all such firnds through date of delivery. COUNTY, in the performance of its maintenance and operation services, shall, to the best of its ability, comply with and ensure compliance with all federal, state and local laws, ordinances, codes, rules and regulations applicable to the operation and maintenance of the Properties. With respect to the maintenance and operation of the Properties, COUNTY'S services will include but not be limited to the following: (a) Employing, discharging and paying all persons providing base level service or otherwise employed by COUNTY in the management and operation of the Properties; (b) Purchasing all materials and supplies necessary for the maintenance and operation services to the Properties; (c) Contracting for and supervising the making of all repairs and alterations necessary to perform the maintenance and operation services; (d) Managing the Properties in full compliance with all laws and regulations of any federal, state, county or municipal authority having jurisdiction over the Properties; (e) Assisting CITY as needed in acquiring all necessary insurance on the Properties, including, but not limited to, public property liability, fire and extended coverage hazard insurance. COUNTY shall refer any third party contacts with respect to renewal or new operations, leasing, licensing or concessions on any of the Properties to CITY upon receipt and shall cooperate with CITY in the creation of any such relationship with said contacts. In the event CITY enters into any leases, licenses, concessions or other similar arrangements, the PARTIES shall discuss incorporation of the same into this Agreement. CITY shall enforce all the terms and conditions of any applicable income producing agreement, written or oral, during the term of this Agreement. COUNTY shall provide Cll'Y access to all of COUNTY'S books and records relating to the Properties, including books of account and ledgers. Upon the termination of this Agreement, the COUNTY shall deliver all the books and records relating to the Properties to CITY and provide CITY with a full accounting of all Properties' expenditures and funds through the date of termination and delivery. CITY may request adjustments to individual tasks associated with base level service in order to meet specific needs. COUNTY shall consider all such requests and, whenever reasonably practicable, alter the work program as necessary. Parks tnterlocal Agreement Page4 of t2 4973482 Pa e: 5 of 28 14101,2003 0:14P SP4i011+� COUNiIr C4 ISSi4N MGR $0.00 Spokans Co., a CITY reserves the option of replacing any positions as described in Attachment "A ". In the event ' CrI Y exercises that option CITY shall (i) provide a minimum of sixty (60) calendar days written notice prior to the effective date of such option notice being delivered to COUNTY, in accordance with Section 5, and (ii) assume responsibility of providing personnel for said position at CITY'S sole cost and expense. CITY and COUNTY shall adjust this contract to reflect CITY's assumption of said costs reduction of payments to COUNTY for said services and/or position. COUNTY is only required to perform maintenance and operation services on the Properties listed in Section 1.2 as those Properties were improved as of the 12:01 A.M. April 1, 2003, the CITY's official date of incorporation. COUNTY and CITY anticipate that there may be further improvements made to these Properties by CITY which will require additional maintenance. CTTY agrees to pay COUNTY for any increased maintenance costs to any Property, regardless of the funding source of the improvement, due to any improvement thereto. 2.4 Extra or Enhanced Services. Acting solely as an independent contractor on behalf of CITY, COUNTY will provide services above base level services upon written request from C1W and mutual agreement as to any increased costs for such service. Such additional services are hereinafter i referred to as "extra or an enhanced services." 2.5 Construction of Mirabeau Meadows ParL COUNTY agrees to complete the construction of Mirabeau Meadows Park. For the purpose of this Agreement, the terminology "construction" shall include (1) preparing bid documcnt(s) for the Project ( Mirabeau Meadows), (2) awarding the Project pursuant to County public works laws; (3) construction management of the awarded Project; and (4) acceptance of the completed Project. COUNTY has ahrady prepared bid documents denominated as Project No. P3993. COUNTY agrees not to award Project if the bid of lowest responsible bidder exceeds $1.4 Million without consultation and approval by CITY. The cost of the Mirabeau Meadows Park construction will be funded solely using a portion of State Grant (INTERGOVERNMENTAL AGREEMENT) x;02- 99300 -018 estimated at $1.4 million except for COUNTY staff construction over sight costs which will be paid by the Cl'•1'Y as provided for in Attachment "A." No COUNTY money v611 be used. 2.6 Oversee Design of Kirabcau Point Center Place Facility ("I.racWty ") County agrees only to oversee the design of M -rabeau Point Center Place Facility ( "Facility") until August 26, 2003 at which time the CITY will assume such over sight responsibility. Provided, however, after August 26, 2003, the COUNTY will continue to provide staff time necessary to coordinate payments of billings associated with the design of Project No. P3983. All future phases) of the Facility will be the sole responsibility of the CRY. For the purpose of this Agreement, the terminology "oversee the design" shall mean employment of an architect to design the Facility and payment for services solely from State Grant (11i r1'ERGOVI RNMENTAL AGREEMENT) #02- 99300 -018. No COUNTY money will be used for the design of Facility. COUNTY has employed Tan Moore Architects under Project Agreement No. P3983 to design the Facility. COUNTY will coordinate with CITY all major decisions with respect to the design of the Facility; however, ultimate decision making authority shall be CITY'S. Parks Interlocal Agreement Page 5 of 12 i Nil 4 01011W o f 0# Y SP0l�NE COUHfY CO ISSION AGR 10.00 Spokane CO WA The cost to design Mirabeau Point Center Place Facility will be funded solely using a portion of State Grant (INTERGOVERNrMEWAL AGREEMENT) ##02 99300 - 018 estimated at $500,000 except for COUN'T'Y staff design over sight costs which will be paid by the CITY as provided for in Attachment "A ". If there are funds remaining in the State Grant (INTERGOVERNL lENTA.L ACRE MEND t#02- 99300-018 upon completion of the Mirabeau Meadows Park construction and Mirabeau Point Center Place Facility design, COUNTY staff will work with CITY staff to allocate unused grant moneys for completiontconstruction of other elements of the Mirabeau Point Park Master Plan. Separate from the Grant Funds allocated for design of the Mirabcau Point Center Place Facility, the COUNTY has set aside $1.4 million for the construction of the new Senior Citizen Center Facility as a component of the Mirabeau Point Center Place Facility. COUNTY agrees to make this money ' available to CITY in the event CITY elects to proceed with construction of the Senior Citizen Center Facility component of the Mirabeau Point Center Place Facility or any portion thereof not in a lump sum, but as necessary to pay consultants and contractors for services completed. COUNTY shall retain any and all interest on the $1.4 Million. The County understands that some of components of the Mirabeau Point Center Place :Facility may not be directly incorporated into the Senior Center Facility but the Senior Center Facility may use such components. COUNTY agrees that the CITY may use the $1.4 Million not only to fund the Senior Citizen Center but also other components.'of the Mirabeau Point Center Place Facility which are used by the Senior Center Facility. For example, there may very well be a kitchen which is shared by not only the Senior Citizens Center but also another component of the Mirabeau Point Center Place Facility. The kitchen accordingly may be funded in full or part with the $1.4 Million. COUNTY shall not have an obligation to operate or maintain either the Mirabeau Meadows Park or Mirabeau Point Center Place Facility after their completion until the PARTIES mutually agree as to all increased operation and maintenance costs in accordance with Section 2.3 above. 2.7 Valley Mission fool. COUNTY has set aside $1.6 million for the construction of an aquatic facility intended to replace the Valley Mission Pool. COUNTY originally proposed a replacement pool to be located at Valley Mission Park (South). The design of the new pool has been completed. however, upon the vote to incorporate CITY, COUNTY opted to defer construction of the new pool. COU "I'Y agrees to (i) transfer the complete plans for the new Valley Mission Pool to CITY and (ii) to snake available to CITY $1.6 million for construction of a new pool at any location as determined by CITY and using the design completed or another designed as approved by CITY. COUNTY agrees to transfer plans for said pool to CITY upon execution of this Agreement. $1.6 million will be retained by COUNTY and paid to CITY as needed by CITY to pay consultations and contractors in conjunction with design/construction of a new pool. COUNTY shall retain any and all interest on the $1.6 million. SECTION NO. 3: DURATION i i This Agreement shall commence at 12:01 A.M. on April 1, 2003 and terminate at 12:00 P.M. on December ' 31, 2004, unless terminated as provided for in Section 10. This Agreement shall be effective upon signature by both PARTIES. Parks lnterloeal Agreement Page 6 of 12 1 4973482 M111111111111111111111 00112000 '04»p ME C010 MSSION AGO $0.00 Spatane CA, R SECTION NO. 4: COST OF SERVICES ` CITY shall pay COUNTY the actual costs for base level services described herein and provided by COUNTY to the Properties. For 2003 the costs of such base level services shall not include equipment depreciation on equipment owned by COUNTY. The COUNTY, at its sole discretion may include such equipment depreciation of equipment for calendar years 2004. The estimated cost for 2003 base level services is SIX HUNDRED FIFTY -SIX THOUSAND ONE HUNDRED THfMIY- SIX DOLLARS and 87/100 ($656,136.87614,132.32). The methodology used to calculate the cost of providing CITY'S base level services is set forth in Attachment "A," attached hereto and incorporated herein by reference. This methodology contemplates that the CITY retains all fees/revenues collected from Properties and facilities — as of April 1, 2003. Further, CITY shall be responsible for all costs/assessments associated with ownership of park properties /facilities including but not limited to electricity, sewer, water, gas, garbage, telephone, and taxes. Said costs are separate from the estimated costs to provide base level services in 2003 as described herein. In 2004, the PARTJES acknowledge that the estimated costs will automatically increase based upon salary adjustments to include cost of living increases ( "COLA') granted by the BOARD, increased costs provided for in a Collective Bargaining Agreement, and increased costs for various items set forth.in Attachment "A." COUNTY will prepare an estimated cost for 2004 base level services using the same methodology as set forth in Attachment "A." This estimate will be provided to CTIY on or before October 31, 2003. This cstimatc will be used for the purposes of 2004 billings. COUNTY will bill CTIY for the estimated cost of services, monthly, during the first week of the month. For calendar 2003, the estimated cost of $656,136.87 will be paid as provided herein. Payments by CITY will be due by 5 working day of the following month. At the sole option of COUNTY, a penalty may be assessed on any late payment by CITY based on lost interest earnings had the payment been timely paid and invested in the Spokane County Treasurer's Investment Pool. At the end of calendar year 2003 and 2004, using actual costs COUNTY and CITY will each determine respectively whether or not the estimated costs were accurate. To the extent that the CITY was over billed in any year, it will receive a credit to be applied as mutually agreed. If the CITY was under billed, it will receive a debit in the subsequent billing. The adjustment will normally take place in March of the year following the year services were performed but no later than June 30"' ( "date of determination "). At the sole discretion of the CITY, in the case of over billing, or the sole discretion of the COUNTY, in the case of an under billing, the party may request interest on such amount based on lost interest earnings had the under billing amount been invested since the end of the calendar year to the date of determination in ` the Spokane County Treasurer's Investment Pool or the over billing amount been invested since the end of the calendar year to the date of determination in the Washington Cities Investment Pool. M &O items chargeable to the CITY shall be directly attrtbutable and proportionate to services received by City under i the terms of this Agreement. The Parties executed a Memorandum of Understanding (MOU) on April 2003. Under that MOU, the County agreed to provide Base Level Services and Senior Center Services as described in Section 2.3 of this Agreement commencing April 1, 2003. The Parties by mutual assent subsequently included Aquatic Services. All MOU services would be performed until both Parties formally executed this Page 7 of 12 Parks Interlocal Agreement mil 1111 4973482 10101j20M 042114P SPOSANE OHIO O Spokane Co, 1&1 Agreement. The COUNTY would bill the CITY all actual costs for providing MOU services as generally _ outlined in the Attachment "A' to this Agreement. The MOU provided that in the event the Parties executed this Agreement, in lieu of payment of actual costs under the MOU, by mutual agreement the Parties could simply invoicelpay for services under the terms of this Agreement. ' The COUNTY has billed the CITY under the MOU S23,042.61 for April 2003, 560,107.09 for May 2003 and $82,907.31 for June 2003. These billings do not represent all the actual costs for providing services for those time frames due to, among other factors, delays in the COUNTY receiving invoices for i suppliers. The Parties agree that as of July 1, 2003 and through the remainder of 2003, the CITY will pay the COUNTY that monthly amount of $72,904.09 which represents the estimated monthly cost to provide all services. For the months of April, May and June, 2003 the Parties agree that once the COUNTY determines the actual billings for these months, it will bill CfPY any difference between the billings to date and the estimated monthly amount of $72,904.09. in the event the actual billings for April, May and June exceed $72,904.09 or are less than $72,904.09, this excess or shortfall will be taken into consideration in the adjust and settle time frame discussed bereinabove. SECTION NO. 5: NOTICE All notices or other communications given hereunder shall be deemed given on: (1) the day such notices or other communications are received when sent by personal delivery; or (ii) the third day following the day on which the same have been mailed by first class delivery, postage prepaid addressed to COUNTY at the address set forth below for such Party, or at such other address as COUNTY shall from time -to -time designate by notice in writing to the other PARTIES: COUNTY: Spokane County Chief Executive Officer or his/her authorized representative 1116 West Broadway Avenue Spokane, Washington 99260 CITY: City of Spokane Valley City Manager or his/her authorized representative Redwood Plaza 11707 East Sprague Avenue, Suite 106 Spokane Valley, Washington 99206 SECTION NO. 6: COUN fERPARTS This Agreement may be executed in any number of counterparts, each of which, when so executed and delivered, shall be an original, but such counterparts shall together constitute but one and the same. SECTION NO. 7: ASSTCNMENf COUNTY may assign any of its responsibilities under the terms of this Agreement so long as the COUNTY remains responsible for oversight and supervision of all responsibilities. Parks Interlocal Agreement Page 8 of 17 11111 nil 4973482 page: 112000 04284p SFORIE DDIFY N VISSIOM AGA $0.00 Spolue Co, !I4 SECTION NO. 8: LIABILM i t i (a) COUNTY shall indemnify and hold harmless CITY and its officers, agents, and employees, or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by any reason of or arising out of any negligent act or omission of COUNTY, its officers, agents and employees, or any of them relating to or arising out of performing services pursuant to this Agreement. In the event that any suit based upon such claim, action, loss, or damages is brought against ary, COUNTY shall defend the same at its sole cost and expense; provided that CITY reserves the right to participate in said suit if any principle of governmental or public law is involved; and if final judgment in said suit be rendered against CITY, and its officers, agents, and employees, or any of them, or jointly against CITY and COUNTY and their respective officers, agents, and employees, COUNTY shall satisfy the same. (b) CITY shall indemnify and hold harmless COUNTY and its officers, agents, and employees, or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by any reason of or arising out of any negligent act or omission of CITY, its officers, agents and employees, or any of them relating to or arising out of performing services pursuant to this _ Agreement. In the event that any suit based upon such claim, action, loss, or damages is brought against COUNTY, CITY shall defend the same at its sole cost and expense; provided that COUNTY reserves the right to participate in said suit if any principle of governmental or public law is involved; and if final judgment in said suit be rendered against COUNTY, and its officers, agents, and employees, or any of - them, or jointly against COUNTY and CITY and their respective officers, agents, and employees, CITY shall satisfy the same. (c) The foregoing indemnity is specifically intended to constitute a waiver of each party's immunity under Washington's Industrial Insurance Act, Chapter 51 RCW, respecting the other Party only, and only to the _ extent necessary to provide the indemnified party with a full and complete indemnity of claims made by the indemnitor's employees. The PARTIES acknowledge that these provisions were specifically negotiated and agreed upon by them. (d) COUNTY and CITY agree to either self insure or purchase polices of insurance covering the matters contained in this Agreement with coverages of not less than $5,000,000 per occurrence with $5,000,000 aggregate limits including for staff professional liability and auto liability coverages. SECTION NO. 9: RELATIONSHIP OF TIEW,, PARTIES The PAR intend that an independent contractor relationship will be created by this Agreement. No agent, employee, servant or representative of COUNTY shall be deemed to he an employee, agent, servant or representative of CITY for any purpose. Likewise, no agent, employee, servant or representative of CITY shall be deemed to be an employee, agent, servant or representative of COUNTY for any purpose. SECTION NO. 10: (MODIFICATION AND TERMINATION This Agreement may be modified in writing by mutual agreement of the PARTIES. Parks lntulocal Agreement Page 9 of 12 jo of 28 COP MW Mtn coal SION Any Party may terminate only the maintenance and obligation of COUNTY set forth in 2.2, 2.3 and 2.4 herein for any reason whatsoever upon a minimum of 90 days written notice to the other Party. _ Any Party may terminate this Agreement for breach of any provision concerning the providing of _ maintenance and operation services or payment of consideration upon thirty days (30) advance written notice to the breaching Party. If the defaulting Party cures the breach to the satisfaction of the notifying Party within the thirty -day (30) time frame or such time frame as is reasonably necessary to cure the default, then the _ notice of termination shall be void. ' Upon termination, CITY shall be obligated to pay for only those basic level services and extra or enhanced services rendered prior to the date of termination based upon a pro rata allocation of costs to the date of termination. SECrION1 NO. 11: PROPERTY AND EQUIPA'I NT The ownership of all equipment owned and utilized by COUNTY in providing maintenance and operation services undr-r this Agreement or acquired by COUN"T"Y from the consideration by CITY for such maintenance and operation services shall remain with COUNTY upon termination of this Agreement. Provided, however, the PARTIES acknowledge that CITY may purchase equipment and provide such equipment to COUNTY to perform such maintenance and operation expenses. The ownership of any equipment acquired by CITY and made available to COUNTY to provide maintenance and operation services under the terms of this Agreement shall remain with CITY upon termination of this Agreement. Attached hereto as Attachment "B" and incorporated herein by reference is a listing of certain equipment and machinery that COUNTY presently owns and may use in conjunction with providing maintenance and operation services to CITY under the terms of this Agreement. If the Agreement runs its entire term without termination, COUNTY agrees to transfer to CITY at the end of said term at no cost and in an "as -is condition" those pieces of equipment and machinery listed in Attachment '%" which are still owned by COUNTY. If, for any reason, this Agreement is terminated by either Party prior to December 31, 2004 COUNTY agrees to sell to CITY in as "as -is condition" those remaining pieces of equipment and machinery listed in Attachment 'B" which are still owed by COUNTY for FIFTY THOUSAND DOLLARS ($50,000.00). SECTT.ON NO. 1.2- GENERAL TERAMS This Agreement contains terms, and conditions agreed upon by the PARTIES. The P.ARTUES agree that there are no other understandings, oral or othcrwisc, regarding the subject matter of this Agreement. No changes or additions to this Agreement shall be valid or binding upon the PARTIES unless such change or addition is in writing, executed by the PARTIES. This Agreement shall be binding upon the PARTIES hereto, their successors and assigns. SECTION NO. 13: VENUE STIPULATION Parks Interlocal Agreement Page 10 of 12 4973482 Page; 11 of 28 ti)14t J2603 NAP SPOwE our 00518N RUR X0.04 Spokane Co, A This Agreement has been and shall be construed as having been made and delivered within the State of Washington and it is mutually understood and agreed by each Party that this Agreement shall be governed by the laws of the State of Washington both as to interpretation and performance. Any action at law, suit in equity or judicial proceeding for the enforcement of this Agreement, or any provision hereto, shall be instituted only in courts of competent jurisdiction within Spokane County, Washington. SECTION NO. 14: SEVERABU= It is understood and agreed among the PARTIES that if any parts, terms or provisions of this Agreement are held by the courts to be illegal, the validity of the remaining portions or provisions shall not be affected and the rights and obligations of the PARTIES shall not be affected in regard to the remainder of ' the Agreement. If it should appear that any part, term or provision of this Agreement is in conflict with any statutory provision of the State of Washington, then the part, term or provision thereof that may be in conflict shall be deemed inoperative and null and void insofar as it may be in conflict therewith and this E Agreement shall be deemed to modify to conform to such statutory provision. SECTION NO. IS: READINGS t The section headings appearing in this Agreement have been inserted solely for the purpose of convenience and ready reference. In no way do they purport to, and shall not be deemed to define, limit or extend the scope or intent of the sections to which they pertain. SECTION NO. 16 : RFPRESEN'TATIVES COUNTY hereby appoints the Spokane County Parks and Recreation Director or his/her designee for the. purpose of administering the terms of this Agreement. CITY hereby appoints the City Parks and Recreation Director or his/her designee for the purpose of administering the terms of this Agreement. ' Each PARTY'S representative agrees to meet on a monthly basis or as necessary to address COUNTY'S provision of basic level services or extra/enhanced level services under the terms of this Agreement. In the event there is a disagreement between the PARTIES, it shall be forwarded to the COUNTY CEO and CITY Manager for resolution. Spokane. County Parks and Recreation Director or his/her designee agrees to attend staff meetings as requested by the CITY Manager. SECTION NO. 17: REPORTING COUNTY, through the Spokane County Parks and Recreation Director or his/her designee shall provide a mutually acceptable quarterly report to CITY that will contain information relating to services pcTfotmed under the terms of this Agreement during the preceding quarter. Parks Interlocal Agreement Page I t of 12 a — 4 10101 12003 0414P SPom COUP MISSION AGR 80.00 Spoken Co WA SECTION NO. IS: STAI f NG COUNTY shall have the sole right and responsibility to hire, assign, retain and discipline all employees performing services under this Agreement according to collective bargaining agreements and applicable state and federal laws. COUNTY agrees to meet and confer with CITY with respect to staff are assigned to provide such services. SI SITION NO. 19 RECORDS All public records prepared, owned, used or retained by COUNTY in conjunction with providing services under the terms of this Agreement shall be deemed CITY property and shall be made available to CITY upon request by CITY Manager. COUNTY will notify CITY of any public disclosure request under chapter 42.17 RCVV for copies or viewing of such records as well as the CO11N'I'Y's response thereto. IN WITNESS WHEREOF, the PARTIES have caused this Agreement to be executed on date and year opposite their respective signatures. .2 n�qn DATED: BOARD OF COUNTY COMMISSIONERS o 0 04 wo s O 7Y11ASTIINGT01` Vl • J'0 ' 0S . ,Chair ATTEST: ••. :• ' � VICKY M. DAI:: rON `� •sE^t • ' CLERK OF TILE BOARD }1T.1.IR D I ARX ,,VicSiChai� KATE LTNT aniela Erickson, Deputy DATED: ��1 ' 07��3 CITY zmr : t By: r ,..t Its: " ' JC]erk critic) Ap roved as to fo ly: • iti ry Attorney Parks Interlocal Agreement �•`` O KANF''% 0• Gp�p Aqr� 9`r U IWC6>;PpRATED • � .. ; • •March 31, 2003 Z• NG��'� '+11t11tN Pale 12 of 12 4973482 �I Pi 112003 of d I�fl :14P SPOKANE 000Nry 0MiSS]ON AGB 10.00 Spoka ee WA • Spokane County Parka and Rom tlon Contract with City of Spokane valley { ATTACHMENT "A" PARKS- Admlalstta8ve anneF lH WagnsnnoBta Director 19.655.91 Services Manager 31,324,97 Offko h!<inager 4,473.18 Office Assistant 3 11,504.61 + Accolrn8ng Tech 4 11.550.95 Sub Total 78,539.52 htalnf0nanc Pnnionnnl: Trades Specialist 35,056.30 Trodes Specialist 18,020.24 Mefntenanee worker 9 32,001,03 Mechanic II 16,111.35 Urn Help 28,000,00 Sub Total I 133,200.01 Cost allocation for maintenance and operation of Valley Park Properties: 42,390.25 ! Cost of Suppies 5 Marcrtata for A42irdawng Volley Pahl 81,931.77 f Coat of Equipment MGO 10.6893x'3 Unantfcipaied Repnirs and Mafnleaenee due to Mother Nsturo and Vandalism 35,000.00 Total Cost for County to provide requested Park Operation: 390,751.48 MIRABEAU POINT PROJECTS. 1 i Mirsbesu Meadows Park Construction Oversight (Sd�[ 4lratfvc Pcrsannd Dfrocdor 4,325.48 Sorvlcos Mon,•rgor 5,925.28 I Focalaa Ulrector 70825 Fac %9cs Staff Asalsiont 270.00 Sub Total 11,225.97 Cost allarmdrn for conrtnrction oer4fght: 2.248.04 Total for Meadows: 13,477.0 i Mrrabcau Point, Centerpiece Design Oversight i Admintstrathe Par;a4IIaef Dircc+or 3,37927 + ellttlas Dlwtor 708.25 2 sdlitras SUM Assistant 270.00 i SW Total 4,357,52 Cost otlocation for contract overolghi: 872.36 Total for Centar'Pl000: i 5.229.90 + Total Mlrobeau Point Combined Projects 18,708.01 AQUATICS- Winten5nee and Adnirriklm bn Dfrecw 1,120.42 Services 142neQer 4.010104 Offico hUnageo 2,882.03 Mcrootion Program Coot din otor 6,014.40 Office A"staM 4 2,099.25 t Amounting Toot 4 3.543.22 Trades Specialist 22,812.00 Mechanic II 2.557.3$ i Maintenance Extra Help 5.711.20 51,456.81 Mcullf" Elam xfelo_ Aquatics Coordinator 4,176.00 Pool Managers 8 Ufeguards 70.989.00 i Sub Total ' 81,159,90 Cos) oJocelion for raaintm mce and operation of Veney Pool Facilities: 26.549.87 i Cost of operating Supplies. Chemicals, UtMUs, etc, for Valley Pools 14,700.00 Cost of Equipment M80 c 3.731.42 'foist Proposed Aquatics Lcvtl of Strvlec: 177,598.00 I Pogo 1 of 2 = 4 1010112003 o 0414P ` S?OKANE ONM WSSION AGR 10.0 Spokane Co Spokane County Parks and Romation Contract with City of Spokane Valley City of Spokane Valley Enhanced Services raquost to expand aquatics services as follows: Curren Sea= Plus Egpandad Hoer for alt Three Pooh; [ 57 Panar,dcd WcekDXci 16 Wcclo-End JQX,"l: 14,01.32 Eatendcd Seewn Labor Day for One arThrm P0019 [AdditiapiJ l�w�rcte 3 Wert -Erd Dana): 16.1d4.48 Total for enhanced Aquaeics Service.+: 40.745.80 Grand Total for 2003 Aquatics SerAces: 218,343.80 SENIOR CENTER. Director 878.98 Apra 1st - May 31st Services Manager 3,708.23 Office h 496.98 Apr8lal - May 3191 Senior Center Coordinator 4,147.70 April 1st - May 31rd Accountant Tech 4 303.70 April 1st - May 31ot MaIntermnee Veinier II 4,800.15 Mechanic 11 1,150.83 Extra Help (Jarfitor & Bug Drives) 2.206.18 April 1 st • ,Vary 1131 Sub Total 10.562.75 Cost e/oeallon for maintenanco and aperuilon of Valley Senior Center 3.920.47 Cost of Supplies A Matertls for M..WaWnp Valley Senior Ccaicr 4,494.06 Cost of Etpripment Mao 337.41 Toted Cost far County to provide requested Senior Ccntw Services: 28,334,68 Grand Total Operation of Paris, Aquatics & Senior Centor: 656,136.87 Dote_otemed August 25, 2003 (Ytnr 20M) 1 ' 'Neither construction management nor design oversight expenses w18 directly or indirectly cause an incrense in the [OW contfaat eoeta that wouki require any a1ditional payment fmm lne Cl' Li the "adjust and actlld' process' Puge 2 of 2 $156,800.00 $470,150.00 Total Total NOTE Equipment Miles and hours of usage dates back to January 1 2003 and Is subject to change. Date pmared July 21, 2003 4973482 ' III I ;ono; /20� �4? SPOONE 00 M , MISSION AOR $O,OD Spokane Co, a ATTACHMENT "B" J' Spokane County Parks Equipment and Machinery Package 1 .. (City of Spokane Valley) e Estimated Estimated Equip Vehicles Miles Current Value Replacement # ' Cost $10,000.00 $50,000.00 461 2 Ton 1974 Ford F- 150 84,581 $7,500.00 $45,000.00 465 1 Ton 1986 Chevy C -30 60,381 $6,000.00 $15,000.00 428 114 Ton 1988 Chevy S-10 45,044 $6,000.00 $15,000.00 429 114 Ton 1988 Chevy S -10 46,869 $6,000.00 S15,000.00 430 1/4 Ton 1988 Chevy S-10 40,364 $6,000.00 $15,000.00 433 1/4 Ton 1988 Chevy S-10 51,395 ` $4,000.00 S15,000.00 508 114 Ton 1983 Ford Ranger 58,751 $4,000.00 $15,000,00 511 1/4 Ton 1983 Ford Ranger 49,067 00 $40,000,00 431 1 Ton 1988 Chevy C -30 71,294 $58,000.00 $225,000.00 E E Estimated Estimated Equip Machinery Current Value Replacement # Cost $5,000.00 $10,000.00 1 Kawasaki Mule 1992 4X2 1652 Hours i S1,200.00 $2,500.00 Portable Herb Sprayer Small $1,000.00 $6,000.00 484 Haulette/Trailer 1972 Small $1,000.00 $6,000.00 485 Haulette/Traller 1972 Small $8,000.00 $12,000.00 501 5th Wheel Trailer 1994 Medium $8,000.00 S17 :000.00 1 Olathe Turf Sweepers 1984 4547 Hours $8,000.00 $17,000.00 2 Olathe Turf Sweepers 1984 4814 Hours $8,000.00 $17,000.00 3 Olathe Turf Sweepers 1984 482 Hours $4,000.00 $8,000.00 Orsi Flail Mower CR 350 $2,000.00 $6,000.00 Jacobsen Over Seeder $40,000.00 $100,000.00 423 Toro Gang Mower 1991 2711 Hours ' $5,000.00 520,000.00 10 72" Riding Mower 1992 1043 Hours $5,000.00 $20,000.00 11 72" Riding Mower 1994 900 Hours $2,000.00 $2,500.00 Generator $400.00 $550.00 Weed Trimmers (4) 200.00 $600.00 Backpack Blower (2) $98,800.00 $245,150.00 $156,800.00 $470,150.00 Total Total NOTE Equipment Miles and hours of usage dates back to January 1 2003 and Is subject to change. Date pmared July 21, 2003 I 4973482 - � ,�' • . - a� Page: 16 of 28 1t �� 10 11M O Q St'Ol01NE COUNiy =ISSION AGR 80.00 Spe�ane Ca ATTACHEMENT "C" 2003 City of Spokane Valley Aquatics !lase Level of Service: Pools shaft operate from June 20th, through August 1 Sth. Public Swim Schedule for each City Pool: Open Monday through Friday 1:00 -2:30p 2:45-4 :15p 4:30 -6 Swimming Lessons Lessons are bcld at all three aquatic sites. A full range of swim lessons are offered from Parrot and Tot through the Red Cross Levels and odult lessons. Ail Levels S23.00. The majority of lessons will be held between 8 am. and 1230 p.m. on weekdays at the pools. Typical example of lesson schedule as follows: Morning Lessons (Sam- 12:30): June 23 -July 4 July 7 - Julyl S July 21- August l August 4 - August 15 To accommodate families who are unable to attend morning swim lessons, a session of evening lessons will be offered at each City Pool facility as follows: Evening Lessons (afer6pm): Valley Nfission Pool Session (July 7 -18) Terrace View Pool Session (July 21 - August 1) Park Road Pool Session (August 4 - August 15) Swim Team A Novice Swim Team progrum shall be provided open to youth age 6 through 18 years of age. Three practice sessions each week (typically 7:OOAM- 8:00AM.) plus three Wednesday evening swim meets. Additional Anuatics Services: Current to Season Plus lixpandcd Hours for all Three Pools: ( 57 F.x1janded Week Days+ 16 Weck - End DaW: Extended Season Thru Labor Day for One of Three Pools: (Additional 12 wee der )m + 5 W_y* -End Days)- Aquatics: Spokane County will operate the pools according to all applicable safety standards, rules and regulations as Set forth by the American Red Cross, Washington State Health Department and other generally accepted practices. City of Spokane Valley Requested 2003 Level of Service: Pool Public Swim Schedule Valley Mission • Terrace View • Park Road Pool Friday, June 20th— August 15th'• Monday — Friday 130 — 330p 3:45 — 5:45p 6.0 — 8 :00P (Tuts. & Thurs Adults Only) Sus. — Sun 2:00 - 4 :30p 5:00 -- 7:30p "Please note one valley pool will be open through Labor Day, September 1st. please Note: Unless otherwise listed above, base level of service does not include un- anticipated repairs and maintenance due to mother nature & vandalism. A single account has been established within the contract to address un•antlelpated repairs and maintenance for all contractually maintained properties. Attachment "C" page 1 of 13 Times work irrigation performed: Start -up sprinlder system in the spring. Visits to park seasonally to Inspect & adjust sprinklers, Ume docks. address dry spots, and complete minor repairs as necessary. Winterize/blow-out system In the fall. 1 -time per year 45- visits to site per seasm. Average (1 hr.) visit 1 -time per year Times work Fertirizer performed: 3- applications per Fertile turf areas year Times work Aerate performed: Aerate turf areas 1 -time per year Times work Sweeping performed: Parking Lots) will be swept using the asphalt sweeper, In Spring and again in Summer. 2 -time per year Turf Sweeping In the spring. 1 -time per year Times work Weed Control performed: Weed Control In the form of spraying weed killing chemical application. 1 -time per year Genera[Summary of Udi Maintenance intended to aoaly to all narks dgscdbgA hpreln• Parks vAl be maintained in a safe, dean condition in accordance with standard and customary care and In compliance with applicable laws and regulations. Turf vdll be green and healthy with minimal dry or damaged areas. MoWngltrimming w9I Include areas around trees, buildings, fences as necessary to maintain uniform appearance. Irrigation repairs vdI be made In a timely manner to avoid wasting water and dry spots in turf. Playgrounds will be inspected on o regular basis and maintained In safe condition. Restrooms vr+ll be clean and odor free. Sinks and stools wUl be cleaned and disinfected on a regular basis throughout the Park Season (April 15th through October 15th) as necessary. Graffiti win be removed or painted over in a timely manner. Litter will be removed on a regular basis throughout the Park Season (April 15th through October 15th) as necessary. The Spokane County Parks, Recreation and Golf Director and the City of Spokane Valley Parks and Recreation Director will communicate on a regular basis to monitor and manage the park maintenance standards. Please Note: Unless otherwise listed above, base level of service does not include un- anticipated repairs and maintenance duo to mother nature & vandalism. A single account has been established vllthin the contract to address unanticipated repairs and maintenance for all contractually maintained properties. Attachment "C" page 2 of 13 4973482 Page; 11 of 28 10)0112U • 04,14? I SNORE COU,Yi1r MISSIN AGR $0.00 Spokane Co, BA Balfour Park Time allowance for Table & Garbage Can Placement & Time allowance Tree Maintenance this task: Misc. Repairs & inspections for this task Maintenance staff time, Move tables and additional garbage cans supplies, etc. to complete misc. 8.5 hours plus out of storage and into parks in the 3.0 hours plus tasks such as watering, pruning, supplies & spring. Return tables and most garbage supplies & branch teen -up, etc... equipment cans back Into storage In the fall. equipment Repairs: Miscellaneous repairs & inspections of fences, signs, backstops, 25.0 hours plus WeekslS drinking fountains, play equipment, supplies & ' Mowing i Times per week: eason: benches, tables, garbage cans, etc... equipment MovRng 1 2t3 � Times work Trimming 1 26 Restroom Cleaning & Utter Control performed: Weed Trimming 1 28 Cleanings (includes supplies) 180 Times work irrigation performed: Start -up sprinlder system in the spring. Visits to park seasonally to Inspect & adjust sprinklers, Ume docks. address dry spots, and complete minor repairs as necessary. Winterize/blow-out system In the fall. 1 -time per year 45- visits to site per seasm. Average (1 hr.) visit 1 -time per year Times work Fertirizer performed: 3- applications per Fertile turf areas year Times work Aerate performed: Aerate turf areas 1 -time per year Times work Sweeping performed: Parking Lots) will be swept using the asphalt sweeper, In Spring and again in Summer. 2 -time per year Turf Sweeping In the spring. 1 -time per year Times work Weed Control performed: Weed Control In the form of spraying weed killing chemical application. 1 -time per year Genera[Summary of Udi Maintenance intended to aoaly to all narks dgscdbgA hpreln• Parks vAl be maintained in a safe, dean condition in accordance with standard and customary care and In compliance with applicable laws and regulations. Turf vdll be green and healthy with minimal dry or damaged areas. MoWngltrimming w9I Include areas around trees, buildings, fences as necessary to maintain uniform appearance. Irrigation repairs vdI be made In a timely manner to avoid wasting water and dry spots in turf. Playgrounds will be inspected on o regular basis and maintained In safe condition. Restrooms vr+ll be clean and odor free. Sinks and stools wUl be cleaned and disinfected on a regular basis throughout the Park Season (April 15th through October 15th) as necessary. Graffiti win be removed or painted over in a timely manner. Litter will be removed on a regular basis throughout the Park Season (April 15th through October 15th) as necessary. The Spokane County Parks, Recreation and Golf Director and the City of Spokane Valley Parks and Recreation Director will communicate on a regular basis to monitor and manage the park maintenance standards. Please Note: Unless otherwise listed above, base level of service does not include un- anticipated repairs and maintenance duo to mother nature & vandalism. A single account has been established vllthin the contract to address unanticipated repairs and maintenance for all contractually maintained properties. Attachment "C" page 2 of 13 E Time allowance Tree Maintenance for this task: Maintenance staff time, supplies, etc, to complete misc. tasks such 16 hours plus as watering, pruning, branch dean- supplies & up, etc... equipment Times per Weeks[$ Mowing week: Cason: Mowing 1 26 Trimming 1 26 Weed Trimming 1 26 r Times work Irrigation performed- Start-up sp&kior system in the spring. a 1 -time per year a i i 4 97348 2 28 of f4 ?412003 Sf"A C40NT1' C ISSION AGR $4.00 Spokane CO, 1 49, 14P Browns Park Visits to park seasonally to inspect 75- visits to site & adjust sprinklers. time docks, per season. address dry spots. and complete Average (11 hr.) minor mpairs as necessary. visit Winterize/blow-out system in the fail. 1-time pet year Times work Fertilizer performed: 3- applications Fertilize turf areas per year Times work Aerate performed: Aerate turf areas 1 -time per year Table & Garbage Can Placement Time allowance for & Misc. Reoalm & Insoections this task: Move tables and additional garbage cans out of storage and Into parks In the spring. Return tables and most 6.0 hours plus garbage cans back Into storage In the supplies a fall. equipment Repairs: Miscellaneous repairs & Inspections of fences, signs. backstops, drinking fountains, play 25.0 hours plus equipment, benches, tables, garbage supplies & cans, etc... equipment Restroom Cleaning & Litter Control Times work Cleanings (includes supplies) 90 Times work Sweeping performed: Parking Lot(s) wiU be swept using the asphalt sweeper, in Spring and again In Summer. 2-time per year Turf Sweeping in the spring. 1 -time per year Times work Weed Control performed: Weed Control in the form of spraying weed killing chemical app!icotion. 1 -time per year Please Note: Unless otherwise listed above, base level of service does not include un- antidpated repasts and maintenance due to mother nature & vandalism. A singte account has been established within the contract to address un- anticipated repalrs and maintenance for all contractually maintained properties. Attachment 'C' page 3 0113 4973482 1401 f PCO3 � 14P SPOIaNE 60t�VT7 0O 11sSIaV tail 10,00 Spokane Cc !A Castle Park 0 i Times work fnigation performed: ^start - up sprinkler system in the spring. laime per year Visits to park seasonally to 3- spplioations inspect & adjust sprinklers, 50- visits to site time clocks, address dry per season. spots. and complete minor Avcrage (1hr.) repairs as necessary. vfsit Wlntertzelbtow -out system in 1-time per year Mawtng Times per Weeks/Season: Mowing 1 26 Trimming 1 2"0 Weed Trimming 1 26 Fertilizer Times work perforated: cans out of storage and Into parks in 3- spplioations Fertilize turf areas per year garbage cans back into storage in the Times work Aerate performed: Aerate turf areas 1 -time per year Move tables and additional garbage cans out of storage and Into parks in the spring. Return tables end most garbage cans back into storage in the 4.0 hours plus fen. supplies & equipment Repairs: Miscelaineous repairs B Inspections offences, signs, backstops. drinking fountains, play equipment, benches, tables, garbage 25.0 hours plus cans, etc... supplies & equipment Restroom Cieanina 8 Litter Control Times work performed: leanings (includes supplies) 80 Sweeping Times work performed: Turf Sweeping in the spring. 1-time per yenr r r F I 1 1 Table & Garbage Can Placement 8 Time allowance for this Misc. Recairs & Inspections task: Weed Control 'limas work performed: Weed Control In the form of spraying weed killing chemical application. 1 -time per year Elease Note: Unless otherMse listed above, base level of service does not include un - anticipated repairs and maintenance due to mother nature & vandalism. A dingle account has been established within the contract to address un- anticipated repairs and maintenance for all contractually maintained properties. Attachment "C' page 4 of 13 7 t 4 II i I 1010111403 0414r VOW COUNTY COIrEMO A R $0,00 Spokane Cc, WA t Edgecliff Park Times work Table & Gar tape Can Placemem S Time allowance for this Irrigation pertormed: Misr. Repairs 8, Inspections task: Move tables and additional garbage cans out of storage and into parks in cite spring. Return tables and most Start-up sprinkler system In garbage cans back Into storage in the 0.0 hours plus the spring. 1-time per year fall. supplies & equipment Visits to park seasonally to Repairs: Mboellone0us repairs & Inspect & adjust sprinklers, 120 - visits to site inspections of fences, signs, time clocks, address dry per season, backstops, drinking fountains, play spots, end complete minor Average (1 hr.) equipment, benches, tables, garbage 25.0 hours plus repairs as necessary. visit cams, etc... supplies & equipment : Winterizelbtow -ovi system In lalme per year Restroom Cleaning 8 Litter Control Times work performed: i Cleanings (includes supplies) go Mowing Times per bWeeksiSesson: Mowing 1 28 Trimming 1 28 Weed Trimming 1 25 Sweeping Times work performed: Park ng METE) will to swept using the i asphalt sweeper. In Spring and again in Summer. 2 -time per year Times work Fertifter performed: Turf Sweeping in the spring. 1 -time per year Fertilize turf areas 3- appllcatlons i ' limes work t Aerate performed: ' Aerate turf areas 141me per year Weed Control Times work performed: Weed Control N the form of spraying weed killing chemical application. 1-#me per year , I 1 Please Note: Unless otherwise listed above, base level of service does not indudu un- anticipated repairs and maintenance due to mother nature & vandalism. A single accoum has been established within the contract to address un-anildriated repairs and maintenance for all contractually maintalnod propertlos. Attachment - C' page 5 of 13 1 . Ma-wing Nortek: Weeks/Season: Misc. Repairs & InSpediWS task: 4973482 s Pa e 21 of 28 IIIIIIIIiI Illlflil f4�Q1120M 004P ; WANE COUNTY OXISSION AGR $0.00 Spo kane Co 0 Park Road Park j Mmes per Table & Garbage Can Placement & Time atlowanco for this Ma-wing Nortek: Weeks/Season: Misc. Repairs & InSpediWS task: then tables and additional garbage t -time per year I cans out of storage and into parks In Inspect & adjust sprinklers, swslm to ell& the spring. Return tables and most per season. apoM and complete minor garbage cans back into storage in the 4.0 hours plus t Mowing 1 26 fee. supplies & equlptnent tho toll. Repairs; Mscellanem repairs & Times work inspections of fences. signs, performed: backstops, ddnidng fountains, play FertNize turf areas per year squfpment, benches, tables, garbage 25.0 hours plus Trimming 1 20 cans, etc... supplies & equipment Weed Trimming 1 26 i S>veepinq Times Nark oerformed: Parking Lola) Nig be e•Mept using the t asphalt emopor, in Spring and again in Summer. Ume per year Weed Control Times Nark performed: Weed Control In the form of spraying weed killing chemical application, 1-Ume per year i i i t i t s e t 1 t Please Note: Unless othorwiso listed above, base level of service does not include un-anticipated repairs and ma-I ttenance due to mother nature & vandalism. A single account has been established within the contract to address on- anticipated repairs and maintenance for all contractually maintained properties. Attachment'C' pago 6 of 13 Times work Irrfgatlon performed Start sprinkler system In the spring. t -time per year Visits to park seasonally to Inspect & adjust sprinklers, swslm to ell& time clocks, address dry per season. apoM and complete minor Average (1hr.) repairs as necessary. visit Wlntertzelblovnout system in tho toll. t -time per year Times work Fertilizer performed: 3- applications FertNize turf areas per year Times wont Aerate performed: Aerate turf amaa 1 -Hme per year Weed Control Times Nark performed: Weed Control In the form of spraying weed killing chemical application, 1-Ume per year i i i t i t s e t 1 t Please Note: Unless othorwiso listed above, base level of service does not include un-anticipated repairs and ma-I ttenance due to mother nature & vandalism. A single account has been established within the contract to address on- anticipated repairs and maintenance for all contractually maintained properties. Attachment'C' pago 6 of 13 I 4973482 10 e 1X00 � f4P SPOW COUNTY CO.OS(ON AGR $4.00 Spokane Co, 1A Sullivan Park Time allowance Tree Maintenance for ttds task: Table & Garbage Can Placement & Time alloMance for this Mist. Repairs & Inspections task: Maintenance staff time, supoles, etc. to complete 11 4 - hours plus mist. tasks such as watering, supplies & pruning. branch dearwp, etc_. equipment Move tables and additional garbage cans out of storage and Into parks in the spring. Return tables and most garbage cons back Into storage in the fall. Repairs: Miscellaneous repairs & Inspections of fences, signs, backstops, drinking fountains, play equipment, benches, tables, garbago cans, etc... 8.0 hours plus supplies & equipment Times per WeekSIS Mawina week: eason. Mowing 1 26 Trimming 1 26 Weed Trimming 1 26 Times work Irrigation performed: Start -up sprinkler system In the spring. 1-time per year Visits to park seasonally to inspect & adjust sprinklers, 120- visits to site i time clocks, address ON spots, per season. and complete minor repairs as Average (thr.) i r ocossary. visit Winterizelblow -out system in the fall, 1 per year Times work Fertilizer performed: 3- applications Fertilize turf areas per year 25.0 hours plus supplies & equipment Restroom Cleaning & utter Control Times work performed: Cleanings (Includes supplies) so Sweeping Times work performed: Parking Lot(s) wal be swept using the asphalt sweeper, in Spring and again in Summer. 2 -Hme per year Turf Sweeping in the spring. Mime per year Weed Control limes work performed: Weed Control In the form of spraying weed killing chemical application. 1-time per year Times work Aerate performed: Salmon BBQ Times work performed: Move in 25 tables & chairs; leave box of bags: leave extra toilet paper, empty dumpster; have dumpater emptied after Aerate turf areas 14Qmo per year event 1 -tlme per year PA4ase Note-, unless otherwise listed above, base level or service does not Include un•antictpated repairs and maintenanco due to mother nature & vandatlsm. A single account has been established within the contract to address un- anticipated repairs and maintenance for all contractually maintained properties. Attachment'C' page 7of 13 r • :1 t i s e i i t i r i i , i I t e t i 7 i I 4973482 10lo rl 03 0414F NONE CORM MIGN AGO 10,00 Spokane Co WA Terrace View Park Time allowance Tree Maintenance for this task: Tablo & Garbage Can Placement 6 Time arev ante far U& (disc. Repairs S Inspections task. Maintcaame staff time, supplies, etc. to complete Misc. tasks such as watering, 14 hours plus pruning. branch clean-up, supplies R etc.., equipmentd D.towing Times perweetc WccksrSeasan: Mowing 1 28 Trimming 1 28 Weed Trimming 1 28 Repaks: Miscettanoous repairs 6 Times work lLdgatlon performed: d"Ing fountains, play eQuipment, Start-up sprinkler system in benches, tables. garbage cans. etc... the spring. 1 -time per year visits to park seasonally to Inspect R adjust sprinklers, t I0-/sits to Silo time clocks, address dry spots, per season, and complete minw repairs as Averago (11 hr.) necessary, visit Wintertzc1biow -out system In the fall. 1 -Um per year Times work Fertilizer performed: 3- applicallom Fertilize tun areas per year Times wank Aerate perforrlmd: Acmte fort areas 11-time per year Move tables and additlonnl garbage cans out of storage and into parks In the spring. Return tables and most garbage 8.0 tours plus supplies cans back into storage In the fall. d equipment Repaks: Miscettanoous repairs 6 bupcctfons of fences. slgns. backstops, d"Ing fountains, play eQuipment, 25.0 hours plus benches, tables. garbage cans. etc... suppies A equipment Restroom Cleaning & litter Control Tim vxx oerfarmed: Cleanings (Includes supplies) go Sweeping Times work performed: Parking lots) will be swept using the asphalt sweeper, in Spring and again in Summer. 2-time per year Turf Sweeping in the spring, i -time per year Weed Control Times want performed: Weed Control In the form of spmYkg weed killing chemical apprkation. 1 -limo per year Pienna Note: Unless otherwise fisted above, bass ravel of soMce does not Include un- antDcipated repairs end maintenance due to mother nature S vandalism. A single account has been established within the contract to oddress un-antldpated repairs and maintenance for all contractually maintained properties. Attachment "C page 8 of 13 i E i i i i 1 i i I i i 0 i r t 4973482 r) Page: 24 of 28 1010112003 04 :14P SIPOWE COUNTY 11 MIS 0 I1` 111 ,CGR $0,00 Spa�ane Co WA Valley Mission Park Times work Irrigaliori performed: Startup sprinkler system In the spring. 1 -limo per year Visits to park seasonally to irKgmt & adjust sprinklers. I SOA1slts to silo time clocks, address dry spots, per season. and complete minor repairs as Average (1 hr.) necessary. visit Wirdeftelbtow.aut system in the fag. 1 -time per year Times work Fertilizer performed: 3-appldcadons Fertilize turf areas per year T1mes woex Aerate performed: Aerate turf arras ldlme per year Table 8 Garbage Can Placement & Mlse- Repairs & Inspections lime allowance for this task: Move tables and additional garbage cans Time allowance out of storage and Into pefics in the Tree Maintenance for this task: 6.0 hours plus supplies 8 Maintenance staff @rne. equipmerd Repairs: Miscellaneous repairs 8 supplies. etc, to complete Inspections of fences, signs, backstops, 1 -time per year mtsc. tasks such as watering, 28 hours plus benches, tables, garbage cans, etc... pruning. branch clean -up, supplies & Times work performed: etc... equipment Weeks / Movelnq 'times per week Season: Mowing 1 26 Trimming 1 26 Weed Trimming 1 26 Times work Irrigaliori performed: Startup sprinkler system In the spring. 1 -limo per year Visits to park seasonally to irKgmt & adjust sprinklers. I SOA1slts to silo time clocks, address dry spots, per season. and complete minor repairs as Average (1 hr.) necessary. visit Wirdeftelbtow.aut system in the fag. 1 -time per year Times work Fertilizer performed: 3-appldcadons Fertilize turf areas per year T1mes woex Aerate performed: Aerate turf arras ldlme per year Table 8 Garbage Can Placement & Mlse- Repairs & Inspections lime allowance for this task: Move tables and additional garbage cans Times work performed: out of storage and Into pefics in the spring. Return tables and most garbage 6.0 hours plus supplies 8 tans back Into storage In the fall, equipmerd Repairs: Miscellaneous repairs 8 Inspections of fences, signs, backstops, 1 -time per year drinking fountains, play equipment. 25.0 hours plus supplies & benches, tables, garbage cans, etc... equipment Restroom Cleaninq &Litter Control Times work performed: Cleanings (includes supplies) 120 Sweeping Times work pefformed: Parking Lot(s) will be swept using the asphalt sweeper, in Spring and again in Summer. 2-time per year Turf Sweeping in the spring. 1 -Irma per year Weed Controd Times work performed: Weed Control In the form of spraying weed kllfing chemical application. 1 - time per year SladdinglConstinq Hill Times work performed: Remove sothern portion of corral fenceing In preparation for winter sledding, 1-time per year Deliver 8 place straw bates In preparation for Hinter sledding. 1 -time per year Maintain, replace and clean -up straw during sledding seam. Mvisite per skidding season Re- Install southern portion of corall fence at conclusion of winter sledding season f -dms oar year Ughting Time allowance for this task: 4.0 hour plus supplies 8 Check d replace outside fighting equipment Pleaso Nato: Unless othemise listed above, base level of service does not Include un- anticipated repairs and maintenance due to mother nature 8 vandalism. A single account has been established within the contract to address un anUdpated repairs and maintenance for all contractually maintained properiles. Attachment 'C* page 9 of 13 4973482 4 Page: 25 of 20 B�lllt 10 1 0112 (9:14? SF01pHE CflUHi1' COI�fSSION AGR $0.00 Spokane Cc, R Centennial Tail i I I i i Mmvina Times per year: Trimming 3 Weed & Brush Trimming 3 Restroom Cleaning & Litter Times worts Control performed: Cleanings at Mirebeau (includes supplies) 100 Cleanings at Barker (Includes supplies) 140 Times work Weed Control performed: weed Control in the form of spraying weed lalling chemical application. 1 -time per year Please Note: Unless otherwise listed above, base level of service does not include un- anticipated repairs and maintenance due to mother nature & vandagsm. A single account has been established within the contract to address un anticipalsd repairs and maintenance for all contractually maintained properties. Attachment *C' page 10 of 13 Times work Sweeping performed: Parking Lot(s) will be swept using the asphalt rrtmeper 1-time per year Pathway will be swept 2 -11mes per year Times work Weed Control performed: weed Control in the form of spraying weed lalling chemical application. 1 -time per year Please Note: Unless otherwise listed above, base level of service does not include un- anticipated repairs and maintenance due to mother nature & vandagsm. A single account has been established within the contract to address un anticipalsd repairs and maintenance for all contractually maintained properties. Attachment *C' page 10 of 13 i i I I , E , i , i, i! e i e 4973482 8P01 120M 0414F Si'OMNE COm MISSION ACA 50 Spokane Co FA Mirabeau Point Park Times %ark Irrigaton performed: Stan -up sprinkler system In the spring. 1 -time per year cans out of storage and Into parks in Visits to park seasonally to the spring. Return tables and most Inspect & adjust sprinklers, 100-vtsits to site fop, time clocks, address dry spots, per season. and complete minor repairs as Average (1 hr.) backstops. drinking fountains, play necessary. visit 25.0 hours plus Winterizelblowout system in 1 -time per year Mowing Times per WeekslSeason: Mowing 1 26 Trimming 1 26 Weed Trimming 1 213 Times work Fertilizer performed, Fertilize tuff areas 33appl'Wions Times work Aerate performed: Aerate turf areas 1 -9mo per year Table & Gerlbage Can Placement & Time allowance for this Ksc. Repairs & Inspections task: Move tables and additional garbage cans out of storage and Into parks in the spring. Return tables and most garbage cans back Into storage N the 6.0 hours plus fop, supplies & equipment Repairs: Miscellaneous repairs d Inspections of fences, signs, backstops. drinking fountains, play equipment, benches, tables. garbage 25.0 hours plus cans, etc... supplies 8 equipment Restroom Gpaning & Litter Control Times wort perfom ed: Cleanings (includes supplies) 90 Sweepinq Tames work performed: Parking lol(s) w:ll be swept using the asphalt sweeper, in Spring and again in Summer. 2 -time per year Ttsf Sweeping In the spring. 1 -time per year Weed Control Times work performed: Weed Control in the form of spraying v`eed killing chemical application. 1 -time per year Ptoaao Note: Unless otherwise listed above, base level of service does not include un-antkipated repairs and maintenance due to mother nature & vandalism. A single aawunt has been established within the contract to address unanticipated repairs and maintenance for all contractually maintafned properties. Attachment 'C' page 11 of 13 4973482 Pa 27 of 28 a lm $ okaneOCo 04:14? SPOYANE iSQiINfY CO�ISSION AGR g P Mrytie Point Note: Myrtle Point is considered open space propety and Is maintained In Its natural state. Time allowance for this Forest Management Practioes task: I Zero within current i Thinning, tree removal, clean -up, etc... contract time- frame. i i i I I i Weed Control Times work performed: Weed Control in tho form of spraying weed killing chemical application. 1 -time per year Time allowanoo for this Misc. Repairs & Inspections task: 10.0 hours plus supplies & Repair! inspect fencos, gates, culverts, etc., equipment Time allowanco for this Litter Control task: 10.0 hours plus supplies & Litter collection equipment Please Note: Unless otherwise listed above, base level of service does not include ur anticipated repairs and maintenance due to mother nature & vandalism. A single account has been established within the contract to address un- anticipated repairs and maintenance for all contractually maintained properties. Attachment "C" page 12 of 13 c 4973482 Pa t: 28 of 20 10101 4 :14P spol � E 089TY =ISSIO All �0,0D Spotan l Senior Center Senior Center 2003 Base Level of Service April tst- May 31st Spokane County ahatl staff, operate and maintain an Senior Center Services. 20M Effective June 1 st 2003: With ttto exception of Maintenance, the City of Spokane Valley shall assume an responsibilities for staffing and operating Senior Center. June tst 2003 + i Time allowance per - Senor Center Maintenance Base Level of Service as follows: Year Snow removal from parking lot, sand parking lot in response to icy conditions, repairlmaintalrthcptaco doors, windows, walls, floors, tollets, sinks, drinking fountains, 20D -hours plus supplies electrical components, lighting. Mechanic y service and repair Senior Center bus. & equipment Please Note: Unless otherwise listed above, base level of service does not include un- anticipated repairs and maintenance due to mother nature & vandalism. A single account has been established within the contract to address unanticipated repairs and maintenance for all contractually maintained properties. Attachment "C" page 13 of 13 TRANSNATION, TITLE INS CO AFTER RECORDING RETURN TO: WITHERSPOON, KELLEY, DAVENPORT & TOOLE PS 422 WEST RIVERSIDE AVE., SUITE 1100 SPOKANE, WA 99201 5022247 Page: 1 of 2 01/1212004 04:531 Spokane Co, WA QUIT CLAIM DEED THE GRANTOR, SPOKANE COUNTY, a municipal corporation for and in consideration of One Dollar ($1.00) and other good and valuable. consideration, conveys and quit claims to CITY OF SPOKANE VALLEY, a municipal corporation the following described real estate, situated in the County of Spokane, State of Washington, including any interest therein which grantor may hereafter acquire: Dots 10 and 11 in Block 165 of OPPORTUNITY as per plat thereof recorded in Volume "W' of n.5 Plats, page 20; �a ' Situate in the County of Spokane, State of Washington. �4 Tax Parcel No.: 45211.0110 and 45211.0111 Dated �, 2008 BOARD OF COUNTY COMMISSIONERS o� com,ISSj OF SP O TY WASHINGTON AAA rO ATTEST: JO ROSKELLEY, Chair 0 VICKY M. DA TN . SEAL.-_ CLE F T' ro P HARRIS, Vice Chair ea B Daniela Erickson, Deputy ,-:?--Q - 7'?0 0 Quit Claim Deed 1 G: \K \KO \County QCD - Opportunity.doc 5022247 page: 2 of 2 01112/2004 04 :531 Spokane Co, WA STATE OF WASHINGTON) ) ss COUNTY OF Spokane ) On this day o , 200', before me, the undersigned, a NotaryPublic in and for the State of Washington, duly commissioned and sworn, personally appeared JOHN ROSKELLEY, PHILLIP D. HARRIS and M. DATE MCCASLIN, to me known to be the County Commissioners of the Board of County Commissioners of Spokane County, a political subdivision of the State of Washington, that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said political subdivision, for the uses and purposes therein mentioned, and on oath stated that he \she were authorized to execute said instrument, and that the seal affixed is the seal of Spokane County. IN WI'T'NESS WHEREOF, I have hereunto set my hand and affixed my seal the day and year first above written o A TARY PUBLIC in and for the State 0. _o ARY PU •:� o : / OF W `s, '\N of Washington, residing at Spokane My commission expires: clel— Quit Claim Deed 2 G: \K \KO \County QCD - Opportunity.doc NO. 3 0790 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY, WASHINGTON IN THE MATTER OF EXE CUTING AN ) AGREEMENT BETWEEN SPOKANE ) COUNTY AND THE C ITY OF SPOKANT ) R E S O L U T 10 N VALLEY RELATING TO THE ) OWNERSHIP, FUNDING, OPERATION ) AND MAINTENANCE OF PARKS, OPEN ) SPACE, RECREATION FACILIIZES AND ) PROGRAMS ) NN fEREAS, pursuant to the provisions of RCIAT 36.32.120(6), the Board of � County Commissioners, hereinafter referred to as `BOARD," has the care of County roe and the management of County funds and business; and WHEREAS pursuant to the provisions of chapter 39.34 RCW, two or more public entities may jointly cooperate between each other to perform functions which each may individually perform; and WHEREAS, pursuant to the provisions of RCW 35.02.225, a newly incorporated city may contract with a county to provide essential services; and WHEREAS, all local governmental authority and jurisdiction with respect to the newly incorporated area transfers from Spokane County to the City of Spokane Valley upon the official date of incorporation; and WHEREAS, the City of Spokane Valley desires to own, operate, and maintain parks, open space, recreation facilities and pros ams�evii xce for p property coemmonl County - b owned, operated and/or maintained y p referred to as Buttercup; and WHEREAS, Spokane County desires to divest itself of ownership, operation, maintenance and financial responsibility for parks, open space, recreational facilities and programs inside the boundaries of the City of Spokane Valley except for that property commonly referred to as Buttercup; grid WHEREAS, it is in the best interest of the public that the City of Spokane Valley and Spokane County take appropriate actions to ensure a smooth transition in the ownership, operation and maintenance of parks, open space, recreational facilities and programs to avoid disniption of service. J Page I of 2 '• 3 0'790 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Board of County Commissioners of Spokane County, that either the Chairman of the Board, or a majority of the Board, be and is hereby authorized to execute that document entitled "INTER.LOCAL AGREEMENT BETWEEN SPOKANE COUNTY AND THE CITY OF SPOKANE VALLEY RELATING TO THE OWNFERSHIP, FUNDING, OPERATION AND MALNL TENANCE OF PARKS, OPEN SPACE, RECREATION FACILITIES AND PROGRAMS" pursuant to which, under certain terms and conditions Spokane County will convey to the City of Spokane Valley certain properties located with their boundaries which were used by the County for parks, open space and recreational facilities and the City of Spokane Valley will contract with Spokane County to maintain and operate the Properties to be transferred from April 1, 2003through December 31, 2004. PASSED AiIND ADOPTED this day o f 2003. of corr,�fs s, O �4� Q �SB CpG 0 2 � ATTEST: VICKY IM. DALTON CLERK OF THE BOARD BY: iela Erickson, Deputy N;IYaAy Ci�)4ltsolmiaestivaQcy�pak Page 2 of 2 BOARD OF COUNTY CONMSSIONERS OF SPOKANE, COUNTY, WASHINGTON ASSIGNMENT AGREEMENT 3 0959 TAN MOORE ARCHITECTS, P.C. TFUS ASSIGNMENT is made by and between the City of Spokane Valley, a non charter code city (the "City "), Spokane County, a political subdivision of the state of Washington (the "County ") and Tan Moore Architects, a professional services corporation of the state of Washington ( "Tan Moore "or "Consultant "), jointly referred to as "parties ". WHEREAS, pursuant to a Request for Qualifications the County sought from qualified architects proposals to design Centerplace at Mirabeau; WHEREAS, following the submittal of qualifications, the County selected Tan Moore as the most qualified firm to provide the architectural services with the County and Tan Moore entering into an "Alf, PROFESSINAL SERVICES AGREEMENT, CONTRACT N*ITM - .BFR P 3983" (the "Contract ") for the purpose of providing architectural services related to the design and development of Centerplace at Mirabeau; WHEREAS subsequent to the execution of the above agreement the City was incorporated; WHEREAS, upon incorporation the County and the City agreed to the conveyance of certain park properties to the City through an Interlocal Agreement with the City having the responsibility to develop and maintain the properties for public purposes; WHEREAS, one of the properties transferred to the City is Mirabeau; WHEREAS, the City intends to develop Mirabeau pursuant to City Bond Resolution, Ordinance and action of the City Council in a manner consistent with the design work performed by Tan Moore; WFY,EREAS, the County properly bid and selected the architectural services of Tan ;Moore through County RFQ 99 -060 and Resolution 99 -0529; WHEREAS, the City is desirous of taking an assignment of the Contract which contained additional services to include "Bid Phase Services ", "Construction Administration Phase' and "Project Closeout Phase" for the purpose of completing the development of Centerplace in a cost efficient and timely manner. NOW, THEREFORE, for and inconsideration of the mutual promises set forth hereinafter and for valuable consideration received by the County, the parties agree: 1. Assignment. The County hereby assigns and transfers all rights, responsibilities and interests in the Contract to the City pursuant to Article 11. of the CTocumcnis and 5ettings\dericks0UACaI Satingffernpnrary Internet rleMOLKIAASSIGNMENT AGIRIMMGNT AW 1 -2 ,) - COL! Contract and City agrees to perform all assigned responsibilities of the County set forth in the Contract from the date of this assignment. Tan Moore hereby accepts the assignment and covenants to perform the scope of work in the Contract on behalf of and for the benefit of the City. 2. Incorporation by Reference. The Contract is hereby incorporated into this assignment as if fully set forth and shall be in full force and effect except as modified herein. Nothing contained in this agreement shall be considered a waiver of any rights, responsibilities or liabilities existing under the Contract with any party entitled to assert demands, claims or suits regarding the same. 3. Administration. All references in the Contract to the "County' shall mean the "City ". For purposes of administration of the scope of work., including authorizations and requests to perform or correct work, the City Manager or designee shall be the primary contact for Tan Moore. 4. Representations. The City has relied upon the qualifications of the Consultant in entering into this agreement. By execution of this agreement, Consultant represents it possesses the ability, skill and resources necessary to perform the work and is familiar with all current laws, rules and regulations which reasonably relate to the Scope of Work. No substitutions of personnel shall be made without the written consent of the City. Consultant shall be responsible for the technical accuracy of its services and documents, and City shall not be responsible for discovering deficiencies therein. Consultant shall correct such deficiencies without additional compensation except to the extent such action is directly attributable to deficiencies in City furnished information. 5. Modifications The City may modify this agreement and order changes in the work whenever necessary or advisable. The Consultant will accept modifications when ordered in writing by the City Manager or designee. Compensation for such modifications or changes shall be as mutually agreed between the parties. The Consultant shalt make such .revisions in the work as are necessary to correct errors or omissions appearing therein when required to do so by the City without additional compensation. Notice. Notice shall be given in writing as follows: 6 TO THE CITY: TO T1. E CONSUL PANT: Name: Chris Bainbridge, City Clerk Phone Number: (509)921 -1000 Address: 11707 East Sprague Avenue Spokane Valley, WA 99206 Name: Tan Moore Architects, F.S. Phone Number: (509) 455 -8648 Address: 416 W. Sprague Avenue Spokane, WA. 99201 CADocumms and Settings%derickso%I-=j SeningsWempowy Intend Filestinl.K14\.4SSlGNMENT AGREEj'vfEi\Tl.doc 7. Entire Agreement. This written agreement constitutes the entire and complete agreement between the parties and supercedes any prior oral or written agreements. This Agreement may not be changed, modified or altered except in writing signed by the parties hereto. This Assignment is made this of October, 2003. of . ` &I � y N ATTEST: VICKY M. DALTON CLERK o THE BOARD BY: BOARD OF COUNTY COMMISSIONERS SPOKANE, COUNT Y, `VASH7NGTON J�I�I ROSK1tZLLEY, Chair HARRJS, a Erickson, Deputy 3 0959 Attest: � r ity Clerk Approved as to form: Acting City Attorney r, LIN, Commissioner CITY OF SPOKANE VALLEY: City Manager TAN MOORE, P.S. C:0ocu men is and Nei inyWcricksoll ocul Settingffe nporary Internet Faics%OLKr41ASSIGNNIG \'T AGREEMENT2.doc trJi CrY GGrJJ 1J 09V25/280 23:29 3 0959 110 W 1 I t1t , (V'UUN y �r'grr.se•r� CITYOFSPOKAtfV� SPOKANE COUNTY WASDINGTON - SPOKANE COUNTY PURCBASING DEPARTMENT AIE PROFESSIONAL SERVICES AGREF24ENT CONTRACT NUMBER P3983 r1u. loo wrivie PAGE 62/1a Title: AM Services, Mn abea u Point CentcrPlaee Project . Total Estimated Ca n trad Value: $636,927.00 Psdmated Completion bats: December 31, 2004 Contract Type: bump Sum Pee and Expenses Not To Exceed COUNTY: Spokane County Washington C/O Spokane County Purchasing Department 721 N. Jefferson, Ste 303 Spokfite, WA 99260 Contact: David T. Ra37nond Phone: (509) 477 -2301 Fax: (509) 477-6627 e -mail: draymond@spokaucoounty.org A/E: Tarn Moore A.rchitectx, P.C. 416 W. Sprague Ave. Spokane, WA 99201 Contact-. Ron Tan Phone: (509) 455 -8648 Fax: (549) 747 -2743 e -mail: tanarchQa or micastnet 3 r WHEREAS, pmm=t to Request For Qualific adOns 99 - 060, and Resolutiort 99 - 0529 did June 22, 1999 this Agreement is made on January 16, 2003 by and between SPO )WNE COUNTY, a political subdivision of the State of Washington hereinaRfter }mown as the ° `-_otmty- having of�i ces for the transaction of business as listed above and the " as named. and h$viilg offices for the transaction of business Es listed abovo, jointly, hereinafter refemd to as the "Parties'; and ' IEM- R.EAS, pursuant to the provisions of the Revised Code of Washington, the Board of County Commissioners has the asre of County property and the znanagem= of County funds and business. NOW, THEREFORE, for and in consideration of the mutual eoveaants and conditions set forth herein, the parties mutually agree as follows: ARTICLE 1. SUBJECT AND PURPOSE Services will be provided and/or per.E'oimed as outlined'in Article 20 as set forth barein by reference. AR7TCLE 2. TERM Stxvices shall be perfon=A as expeditiously as is consistent with professional AM and care and the orderly progress of the Work. Upon request of the County, and subject to the County's approval a sebedule for the performa=nce of tine Services which may be adjusted as the Prcjedproceeds, shall be submitted for review and approval. Ilia =bedule shall include allowances for periods of time require fay the County's review and for ffie receipt of submissions by authorhics 7 usry 16, 2003 Agreement P3983 Page 1 of 13 �r�.crarna� 1.3: to 89%26/2883 23 :29 wIIMtKSruuN 1 9921 "' :j having jurisdiction over the project CITYOFSPUXANV', ' PAGE 03/14 ARTICLE 3. CONPEMAnON The County agrees to make psyment in the amount and mannmr stipulated in the Ag=nmt'Them will be no initial. payment. Payments shall be made in monthly installments payable after review by the p=basi>ag department std authorization by the head of the department that has budget authority for the work being performed. Said authorization shall be conditioned upon the submittal of an invoioc setting forth a breakdown of the services and costs performed is providing the services as set forth. - Payment terms shall be fret 30 days from receipt of the invoice and acceptance ofthe.documentatioa- All billing and correspondence shall be mailed to Spokane County C/O Spokane County Purchasing Department; 721 N Jeffamm, Ste 303, Spokane WA 99260. All billing and correspondence will clearly display the county project member shown above. Moneys past due may bear a finance charge as stipulated by law. The cum ant rate is 194 per monk.. ARITCLE 4. APPROVAL OF DOCUMENTS The County's approval of Documents resulting from the services provided by the AM shall not relieve the AJE from its responsibility to comply with the standard of earc for performance of its services set forth in this Agreennamt ARTICLE S. OWNERSHIP OF DOCUMEIM All drawings, plans, specifications and other deliverable documents under this agreement will become the property of the COMITY without restriction, reservation or qualification. Any reuse witbout written verification or adaptation by A/E for the speck purpose intended, will be nt the County's nole risk and without liability or legal ezposum to Alp, arising out of or resulting theref Any such verifisadGn or adaptation will entitle A& to further a mmpensation at rates to be agreed upon by the County and AM ARTICLE 6, ENDORSEMEW OF PLANS The A/E shall seal and sign all drawings prepared for the project as required or upon request of the County. ARTICJE 7. NON DISCRZOgATION The ME shall not discriminate against any employee wbo is employed in connection with the Rork, or against any applicant for such employment, because of race, creed, color, sex or national origin, marital statt,s, or the presence of say sensory, mental or physical, handicap. - / ARnCLP. 8. INSURANCE V The A/B shall furnisb and maintain all insurance as required herein and comply with all limits, terms and conditions stipulated therein, at their expense, for the duration of the contract Following is a list of requirements for this contract. Any exclusions must be pre - approved by the Spokane County Risk Management Department Work under this contract sha -U not commence urttil evidence of all requited insurance and bonding is provided to the County of Spokane. Tho A/E's insurer shall have a minimum A.M. Best's rating ofA- and shall be licensed to do business id the State of Washington. Evide ca of svcb insuismec shall consist of a completed copy of the certificate of insurance, signed by the insurance agent for the A/E and returned to the County of Spokane. The insurance policy or policies will not be canceled, materially changed or altered without forty -five (45) days prior notice submitted to the d°paraaent with whom the contract is executed. 'Ibe policy shall be endorsed and fire cartiricata shall reflect that the County of Spokane is an additional named insured on the A/E's general liability policy with respect to activities tinder the contract, The policy sba11 provide and the certificate shall reflect that the insurance eft applies scpar4* to each itnsunrw,4 againt whom claim is made or snit is brought except with respect to the limits of the comp$ay's liabt'Iity. The policy shall be endorsed and the certificate shalt reflect tbx the f>zm mince afforded therein shall be primary bsttrance and any insurance or self instrance carried by the County shall be excess and not cenbibutory insurance to that provided by th.o A/E, January 16, 2003 Agreement P3983 Page 2 of 13 1G/ G ✓J� Gf7l'JJ 09/26/2003 1.3 DO W 1 I HhXW UUN KtaLtY 4 W4•e'e..ib't2 23 :29 3921 CITYOFS'OKAW" r NU. Ibb 6 P a 04/14 The A/E sball not commence worlr, nor shall the A& allow any subcontractor to commence wort: on emy subcontract until a Certificate of Insurance, =Mti ag the requirements set forth herein, has been ipproved by Spokane Catinty Risk Management Department and filed with the Spokane County Purchasing Departmeat. Said proof of insunmee should be walled to the Purchasing Department Attu. P3983. Upou negnes# the A/E sb211 forward to the Purchasing bcpartmcnt the original policy, or endorsement obtained, to the A/E's policy curretotly in force. Failure of the A/E to MY comply with the iwwance requirements set forth herein, during the tern of the Agreemfml shall be cansidared a mawrial breach of coritract and cause for immediate tettninodon of the ,Agreement at the County's discretion. Alternatively the County may procure and maintain, at the A/E's sole expenw, islsur nce to the extent deemed proper up to the amount of the required coverage(s). The County may offset the cost of such insurance against paymeAt due to the A/E ultder Bic contract. Providing coverage in the amounts listed shall not be construed to relieve the A/E from liability in excess of such amounts. REQUIRED COVERAGE: The insurance shall provide,the minim= coverage as set forib below, all coverage 51,000,000.00 per ocairrmce with no deductible. GENERAL LIABUM INSURANCE-- The A/E shall have Commercial Genaral Liability with limit of $1,000,000.00 per occanrcnce, which includes general aggregate, products, completed operation, perwual injury, fire damage and medical expense. ADDITIONAL INSURED ENDORSEMENT: General Liability ba urance mud stye that Spokane County, it's officer., agents and employees, and any other entity specifically required by the provisions of this Agreement will be specifically named additional insured(s) for all coverage provided by this policy of insurance and shall be. fully and completely protected by this policy from 91 claims. Language sucb as the following should be used "Spokant County, Its Officers, Agents And Employees Are Named 'Additional Insured As Respects To Contract [?number):' PROOF OF AUTOMOBILE INSURANCE: The Contractor shall carry, far the duration of this Agreement, cOmPmhensive autnmobiile liability coverage of $100,000/$300,000 and property damaga coverage of $50,000 for any vehicle used in conjunction wft the provisiou of_sendacs under &e terms of this Conhiict Said policy shall provids that it shall not b; canceled, materially changed, or remewed without forty five (45) days writtm notice prior tbw to to Spokane County. WORKERS COMPENSATION: When the A/E has employees of the company, the A/E Shall show proof of Worker's Compensation coverage by providing its Stets Industrial Account Ideutif ewiolD Number. Provision of this number will be the AIE's assurance that coverage is in effect PROFESSIONAL LIABILITY INSURANCE: The A/E shall carry Professional Liability insurance covcragc in the minimum amount of $1,000,000.00. ARTICLE 9. A'IAINTENANCE OF RECORDS The A/E will maintain, for at least three (3) years after completion of this contract, all relevant records pertaianing to the contract The A/E shall make available to the County or the Washingon, State Auditor or their duly authorized rcpresmmttives, at any time during their normal operating }louts, all records, books or pertinent information which the ME shall have kept in conjunction with this Agreement and which the County may be requited by law to include or make part of its auditing procedures, an audit trail or which may be required for the purpose of funding the services contracted for herein, ARTICLE 10. COMPLIANCE WITH LAWS The parties .hereto specifically agree to observe federal, state and local laws, ordinances &ad regulations to the extent dw they may have m y bearing on either providing any money under the terms of this AV=ment or the services actually January 16, 2003 Agreement P3983 Page 3 of 13 IEW Gev eMr�.3 1_I; 110 W 1 I MtK:Dt'UUN KtLUtY 3 $e4'CeZb'fd _ NU. lbb UW1=1 09/26/2003 23:29 9921; - 1 CITYOFSPOKANV�;' PAGE 05/14 provides under ?be terms of this Agreement ARTICLE 11. AS SMNMENT The A/E may Dot assign or transfer in whole or in part, its interest in thb Agreement without tba axprm written consent of the County. ARTICLE 12. MODIFICATION No modification or am endment to this Agreement shall be valid until the same is reduced to writing, in the form of a change order, and executed with the same formalities as this present Agreement ARTICLE 13. CATION This Agent may be terminated by the Couaty upon seven (7) days written notiea, In the eveat of teffiinafm through no !unit of the A/E, the County agrees to pay the ME for all services performed to the date of ruination based upon actual costs and expmses incanred according to cons acL Payment will be based upon an ltamiwd breakdown and documentation by the A/E that services Izave been performed to the date of %n1iAation and acceptance of said documentation by the County. ARTICLE 14. VENUE STIPLILATION , TbisA.preemeat has and shall be c om trued as having been made and delivered in the State of Washingtan„ and the taws of the State of Washington shall be applicable to its construction and enforcement of this Agromew or any provision hereto shall be ftL<Ituted only in the courts of competent jurisdiction within Spokane County, Washington. ARTICLE I.S. WANER No officer, employee, agent or otherwise of The County, has the power, right or autbmrlty to waive any of the conditions or provisions of this Agreement. No waiver of any breach Of this Agreement shall be held to be a waiver of any other or subsequent breach. All iernedies of brded in this Agreement or a law shall be taken. and construe as cumuladve, that is, in addition to every other remedy provided herein or by law. Failure of the. County to enforce at any time any of the provisions of this Agreement or to require at any time per ibrmanoe by the A/E of any provision hereof, shall in no way be constved to be a waiver of such provisions, nor is any way affect the validity of this Agreemraat or any put hereof. or the ri,gbi of the County to hmeaffter enforce each and every such provision. ARTICLE 16. INDEN 71CATION Tire AM agrees to defend, iodem nify and hold the County hwmless from any and 0 claims, including but not Hmited to reasonable attorney fees, demands, losses and liabi'liti'es to or by third parties arising from, resulting from, ba MOT, omission or negligent act of the AM performed under this contract by the AM, its agents or employees to &e fullest extent permitted by law. The A/E's ditty to indemnify the County sW not apply to liabild' y for dames arising out Of bodily injury to persons or damage to property used by or resulting from the sole negligence of the County, its agents or employees. The A)Fs duty to indemnify the County for liability for dazuag= arising out of bodily injury to persons or damage to property caused by or resulting from the concuaent negligence or (a) the County, its agents or employes, and (b) Ali;, its agents or employees shall apply only to the extent of negligence of the ME or its agents or ®mployees. A/E's duty to defend, indemnify and hold the County hapless shall include, as to all claims, 'de=mds, losses and liability to which it applies, the County's personnel- related costs, reasonable atwmey's fees, court costs aacl all other claim- related expenses. The A Ms indemnification shall specifically include nIl claims for loss liabilitybecw*e of wrongN payments under the: Uniform Comm=cW Code, or other sts#ntory or contractual liens or rights or third parties, including taxes, accrued or accaming as a result of this contract of workparfonned or materials fi=nished directly or indirectly because of this contract A/E further agrees that this duty to bxier� County applies regardless of any provisions iz Re3w Title 51 to the contrary, including but not limited to any itrrmunity of A/E for liability for Mimes to A!H's workers and employees, and A/E hereby waives any such immunity for the purpose of this duty to indemnify County. January 16, 2063 Agreement P3983 Page 4 of 13 tei�en�Gbt� 1.5.1to W! IMtKSt'lNJlY KtLLtY a tP- 4'er.sb•r2 NU.1bb Ir✓bUb 091 23:29 j92J's; CITYOFSPOKAMlti PAGE 06/1; ARTICLE 17. NOTICES All notices called for or provided for in this Agreement sball be in writing and must be Served on my of the parties either personally or by certified mail sent to the parties at their respective addresses herein above given. Notices Seat by certified mail shall be drerued saved when deposited in the United States mail, postage prepaid. ARTICLE 18. RELA71ONSHM OF THE PARTIES Ttta parties intend that an independent contrectar relationship will be Mated by this Ageemcnt The County is interested only in the results that could be achieved and the conduct and control of all services will be solely with the A/E. No agent; employee, servant or otherwise of the A/E shall be deemed to be an employee, agent servant, or otherwise of the County for any purpose and the employees of the A/E arc not entitled to arty of the beaeft that the CounV provides for County employees. The A/E will be solely and entirely responsible for its acts and the acts of its agents, employees, servants, subconbctaors or otherwise, during the pezfaimance of this Agrezment. ARTICLE 19. HEADINGS The article beadbkgs in this Agreement have been inserted solely for the purpose of couveuience and ready reference, In no way do t purport to, and shall not be deemed to, define, limit, or eaend the scope or intent of the articles to which they appertain. ARTICLE 20. SCOPE OF WORK A. STATEWNT OF WORK: Work- will be coordinated with Doug Chase, Director, Parks, Recreation And Golf, phone (509) 477 - 2720 fax (509) 477 - 4730. The total Scope of work consists of six (6) phases listed and described in Attachment "A" attached hereto and incorporated herein by reference. T'be contract work divides the scope of work into two pares: Part 1 will consist of the Scbematic Design, Design Development and Commucdon Documents Phases; mud Part 2 which consists of the Bid, Construction AdmkistrWon and the Project CloseovtPbases. Part 1, Schematic Design Phase, Design Development Phase, Construction Documents Phase, Additional Services anti Reimbursable Expemes is awarded effective the date of execution of this A gccracnt by the Patties. Parr 71, Bid Phase, Construetiou Administration Phase, Project Closeout Phase, Additional Services and Reimbursable Upenscs will be awmt- -d at the sole option of the County. The Coturty makes no guffutee that Part 2 will be awarded. If Part 2 is awur ded it •will dare so through the issuance of a Change Order which will be executed with the same foaaality as this Agreement B. BASIS OF COAVEKSAITm Lump Sum Fee and Expenses Not To Exceed. Conttnrt valne not to exceed $63 6,927.00 consisting of Pare 1, a hmap swan fee not to exceed $321,127.00 plus Additional Services and Reimbursable Expenses not to exceed $98,376.00 and Pare 2, a lump sum fee not to exceed $139,669.00 plus Additional Setvices and Remo hmable lixpenws not to exceed $77,755.00. Thcre will ba:eo initial payments. Billing will be for work completed. Compensation is summarized below. Refer to the specific paragraphs for details. The Basic Services Fee Schedule lists budget estimates of A/E prices mid perceumlre of the total work which %V be billed in the form of a percent of completion of the applicable item, Additional Services and Reimbursable Expenses will ba itemized and billed at The A/E's invoiced cost plu. the specified allowable mark up percentage as set forth below. January l 6, 2003 Agreement P3993 Page 5 of 13 arw .1ge ceirio 1.3; IU W1 1 H?- VUUN KL LLY a W4'1'/.5b'!-- 69/26/2603 23:29 9321 3 CIT1'OPSPOKAN� NU. 1 bb Lomre PAGE 67/14 COIvIF'ENSATION SUMMARY Basic Services Fee Budget Line Description part 1 Part 2 1 Sch=atic De-s!p Phase S15 $0.00 2 Design Devel2pa= Phase S108,631.00 $0.00 3 Construction Documents Pbase $196 70.00 $0,00 4 Bid ' . Please $0.00 $1 .00 5 Const uc&n)Coixb'actAdmk & ft - ati. Phase $0.00 $118 6 Pro'ectCozn letioalCloseoutPhase $0.00 S10 46.00 Sub Total 5321,127.00 $139,669.00 Fee Sub Total Parts 1 & 2 = $460 Adddanal Services Aud Reimbursable Expenses Budget 7 Lif le Cost Aft sis $15 750.00 $0.00 8 Civil Engin=rinAJL= dsc$ a Architect $63,201.00 $22 794.00 9 Kitchen Consultant Allowance $8 _00 $0.00 10 Soils CqnsultantAllowance Plao Review Fee Allowance $10,500.00 S0.00 11 $0.00 $8,400.00 12 NREC Review Fee Allowance $0.00 $2,625.00 13 Fu=4sbings Spacit cation & Dra Pre oration 50.00 $33 436.00 14 Bid Set P&fing Allowance S0.00 $10,500.00 ReimbursnblWAdditiorial Services Sub Total = $98,376.00 S77,75 . Additional Services And Reimbursable & Sub Total a $176,131.00 Total Estimated Convect Value = $636.927.00 1- BASIC SERVICES: Basic compcasation. Rill nat include fees, He==.. permits, and change orders caused by the AIE`s errors or omissions. The budgeted amounts may be reallocated between items as the scope axed wdrk dictates without cb.angc order. FEE SCHEDULE p Caaegory Lump Sum Anmo=t 94 oftbe . total fee Adj ' Contract Amount Part 1 Schematic Desiga Phase $72,421.00 14 $56,495,00 $16,926.00 Part 1 I Design Development Phase $108,631.00 21 • $108,631.00 Past 1 Construction Docum Phase $196,570.00 38 $196,570.00 Sub Total Part 1= $377,622.00 73 556,495.00 5321,127.00 Part 2 Bidding Phase S) 0,346.00 2 $10,346.00 Part 2 Construction /Contract Adminisa•ation Phase 5118,977.00 23 $118,977.00 Part 2 Project Closeout Phase $10,346.00 2 $10.346.00 Sub Total Part 2 = S139,669.00 27 $139,669.00 Total Contract Fee. Value — $517,291.00 100 $56,495.00 $460,796.00 AIL adj ustment of $56,495 has been applied for work Schematic Design work completed coder contract number 99 -060 1 Completion of the Project Clos Phase is the date that the County accepts the A/E's recommendation that the project be accepted as 100% complete (not substa3dal.ly completed). January 16.2003 AgmemeAt P3993 Page 6 of 13 iw err r-WOO 1J. in w1 1ntKV UUN KtLLtT I 1 -4'4•e - f.5b•12 NU. 166 D088 09126i2893 23:29 X9921 = CITYOFSP03CAM1' PAGE 88/14 2. ADDMONAL SERVICES: PerfO msnce of work under this paragraph must have the prior written approval of the County unless otbemise noted. (a) Employees of the AB: Priam will remain firm for the diaaation of the contrast. Employee additional services sball be hourly based upon ibe following schedule: A/E EMPLOYEE RATE SCHEDULE an Moortw&mC Ctasslfication PuT Hour Principal $95.00 Pro' ee, Mona er $72.00 LDrafta Spcclafist $53.00 Administrative $39.00 (b) Spealal Consulting; Services: When containing special consulting services not normally associated with 8 project; the fee may be outside of the above guidelines (=h as expert %itness or special investagaziflns), and shall be charged using a MR)dMUM MuMplies not to exceed 1.05 times tiro amount bulled to the A/E for such services. The A/E sball direct the work of all =b-consultants on the Project. Authorization is given for a Special Consv2fing Service budget not to exceed $121,170.00. The budget allocation is $99,376.00 for Contract Part 1 'and $22,794.00 for Contract Part 2. The budgeted amounts may be reallocated between items and contract parts, with County approval, as the scope and work dicsates without ebazge order. Additional services trust have the prior wr fta approve] of the County. SPECIAL CONSULTMO SERVICES BUDGET SUMMARY Item I Descriprdon Part I Part 2 1 L' cle Cost Analysis S15 $0.00 2 Civil FJn ' eerie g1andscape Architect S63 01.00 794.00 3 Kitchen Consultant Allowance S8.925.00 $0.00 4 Soils Consultant Allowance 510,500.00 $0.00 Additional Services Allowance Sub Total = $99 7 ",00 $22,794.00 Additional Services Allowance Total — $121 170.00 January 16, 2003 Agreement P3983 Page 7 of 13 iV/ LC!/ GVV, 69/26/2003 1J. 1V W 1 1 r1tK5r'UUN KtLLtT - t 23:29 C T TYCFSMKANV = L NU.1bb W{y PAGE 09/14 3. RE134BURSABLE EXPENSES: Reimbunable expenses will be billed at cost times a maximum InubdPlier not to exceed 1.05 unless otherwise stated. Additional .reimbursable expenses :Daunt have iNe'plior written approval of the County. Authorization is given for a reimbursable expense budget not to exceed $54,%1.00. The budget allocation is $0.00 for Contract Part 1 and $54,961.00 far Contract Part 2. The budgeted amounts may be reallocated between items and contract parts, with County approval, as the scope and work dictates without change order. REIMBURSABLE EXPENSE BUDGET SLIN04ARY Item ' tion part I Part 2 1 Plan Review Fee Allowance $0.00 $8,400,00 2 )-WC Review Fee Allowance $0.00 $ 625.00 3 FumisbinE Specification & Drawing Pre 'on $0.00 S33 4 Bid Set Printing Allowance $0.00 $10,500.00 Reimbursable a Allowance Sub Total = $0.00 S54-961.00 Total Reimbunsabla = $54,961.0 Reimbursable expenses are in addition to compensation for Basic and Additional SerAccs and include expenses by the A!E and the A/es employees and consultants in tba iantertst ofihe Project and shaU cover: (a) All application, proces and rccording fees, and review fees associated with the Project (fees paid for securing approval of authorities baving jurisdiction over the Pmject). D BUDGET EXPENSE SCHEDULE Item Descry tion Part 1 Part 2 1 Plan Review Fee Allowance $0.00 S 400.00 2 NREC Review Fee Allowance $0.00 $ Reimbursable Expense Allowance Sub Total = $0.00 $11,025.00 Total Reimbursable Expenses a = $11,015.00 (b) Field iuvestigations, or special swdks not performed by the A/E. ITEMIZED BUDGET EXPENSE SCHEDULE Item Desert ti;; Part 1 Part 2 I I Furnishinp Procurement Allowance $0.00 $33 436.00 Total Reimbursable Epenses 3b = $33.436.00 (e) P-xpensns in connection with authorized ovt-of -town travel, If out -of -town work is not anticipated for this project, extra direct expenses for such travel shall only be incurred after Oar ao=Wtation with the County (expense of transportation in connection with the Project). (d) Telephone and lFacsim.0e: (1) Long-distance not to exceed $028 per minute (2) Local. No reimbursement (3) Fax charges not to exceed $0.10 per page (4) Cell phone eberges (included) January 16, 2003 Ageement P3983 Page 8 of 13 1 rJ� GYJ� G✓JbJ 09/26/2003 13: 1{J 23: 29 W 1 I HtKSYUUN KtLLLY 4 1H4'e'(6Ur2 39211 C1TYOF5P0KAMIG PAGE 10/14 (e) Printing costs: (1) Bid sets, reports, specifications, final products Item Mimbursable Expense Sebeduke I Part 1 Eazt 2 l I Bid Set PrintinA Allowance 1 $0.00 $10 I Total Reimbursable = $10 00.00 (2) Correspondeaoe, check prints, file copies, etc.. (No reimbursement) (3) Office Copy charges not to exceed $0.0375 per page (f) Equipment rental only if unique to this type of project Prior approval required. (g) Office completer hardware and software charges, including CAD, included NOTE The AM will males reference to the Cout►ty project zvmber on all pay requests and documents associated with the project All pay requests will be nnmbes'ed sequentially beginning with "Pay Request 1 ". ARTICLE 21. CONTRACT DOCK Tha Contract Documents consist of those listed below. T'hsse form a contract and all are as a part of the Contrast as if attached to this Agre==t or repeated herein. In the evamt of any b3consisteacy between the provisions of this Agrxmemt and the other listed documents, the provisions of this Agreement control. 1. Cheap Orders; and 2. This Agreement; and 3. Request For Qualifne3Gions 99 -060 ARTICLE 22.07FIER EMPLOY11MW This CDnnv ct is not an exclusive services Agreement. The AJE may tab on other professional assignments while completing the work set forth herein. ARTICLE 23. PAYMENT OF TAXES 'This Contract is for the employment of the AM as = independent contractor. The A/E holds that they ere en independent contractor doing business as listed above and is solely responsible for paying any and all taxes associated %ith the work of this Agreement inaluding but not necessarily limited to income cad social security taxes. ARTICLE 24. ALL WRTILKGS CONTAINED HEREIN' This Agreement contain all the tenfis and conditions agreed upon by the parties. No other understandings, anal or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. 'Ibe A/E has read and understands all of this Agreement, and now states that no representation, prom1w, or Agreement not expressed in tbis Agreement has been made to induce the A/E to execute the same. January 16, 2003 Agreement P3983 Page 9 of 13 1✓e GYY GrJ0.D 1J ; Ila 09/26/2003 23:29 WI IMtICb1'UUN KLLLtY 4 yl 4 1 ,3921" CITY0FSP0KANW NU.1bb W011 PAGE 11/14 IN WLZNFS-C WHEREOF, the parties hereto have caused this Agreement to bs exact/`d on the day and year set forth herein above. - - AT'z'SST: VICKY I4L DALTON CLERK OF THE BOARD Cs AL It Wks) RoskeUey, Chao Phillip D. Henri % Vice - Chair M. Kate mccashn A/B BY Title: (type of authority, c-& officer, hmstee, eke.) (Naaq'tCr conesrkc's s�p�aeue j Rc?MA1.> K. Td -- k?rzn*,W9WT STA.'S OF . )S5 County of; ) I certify that L know or have satisfactory evidence that h A I to (== of * is the person who appeared before mqe, and said parson acknowledged 0.9 h&.gbe signed this Wit, on oath sued tbat he/she was authorized to execsrt° the instmment and acknowledged it as the type ofax6mity, as listed above, of ft Contractor to be the free and vohmtary act of such party for the uses and purposes mentioned iu the mstrwment DATED {Z day of . 2003. Ct NOTARY PUBLIC Nt�ft THE U 11 .1 S A OF V I residing My Tm expires January 16, 2003 Agmement P3983 Page 10 of 13 10. I=. 173 1.3; 'l L? 89/26/2003 23:29 W L I MtKpm O IN KHA -1--Y 4 `4P4'rf- 5h'r,? CITYOFSPOKAIJvt" (qu. 1bb PAGE 12/14 ATTACHMENT " A " Scope of Services, Budget And Fee Estimates - CentmPlaae A. S _ atic Desiqp Phase: Update current scheme to include upper story for education wing. The education wing 2 level will include 8 classrooms per the attached program. Circulation will be adjusted and extended on the 2 level to accommodate the additional programmed area. Additional required stair at the and of this wing WWI be configured. Location of elevator wfil be studied to determine if a more central location is appropriate. Additional area for mechanical requirements evill be identified. Meet with owner to review updated 2" floor layout and revised exterior elevationw. D}ecernber 15 thru January 16 2003 B. Design Development Phase: After 2 -week owner review of the schematic design, we will finalize the design. Plans, sections, and elevations wilt be updated and developed in CAD format, mechanical and electrical systems will be identified and developed, and the cost estimate will be updated. Site layout wall be refined for building footprint location,. parking, and other site amenities. Coordination for the required life -cycle cost analysis will occur. Coordination with kitchen oonsuttant, survey, and soils testing will occur. Periodic meetings with owner will occur to review progress. The Design Development documents shall include specifications that identify major materials and systems and establish in general their quality levels. February 1 thru April 1 2003 C. Construction Documents: Construction documents Will be prepared based upon the final concept design and project budget. Construction documents will set forth in detail the quality. levels of materials and systems required for construction of the Project Detailed arCKtectural, structural, mechanical, Electrical, and fire sprinkler drawings and specifications will be produced. Civfl, Landscape Architectural, Kitchen Equipment, and FF &E plates and specifications will be coordinated and included as separate bid items or included with the A/E documents at owner direction, per the separate line items identified in the project budget breakdown. The Architect will compile the Project Manual that includes the Conditions of the Contract for Construction and Specifications and may include bidding requirements and sample forms. We will assist the Owner in the development of bidding and procurement information and the Contract for construction. April t thru August 1 2003 Additional services that may occur under 2nd contract Include: U. Bid Phase_ services: Bid documents vAl be submitted to the permitting authority and we will incorporate 2ppropriate review comments. Bid phase services will include the issuing of bid documents, participation in the pre -bid conference, response to questions from prospective bidders, development*of addenda to clarify the documents, participation in the bid opening, and making a recommendation based upon the bids received. August thru September 2003 E. Construction Administration Phase: Construction Administration services will include site visitation at a minimum of bi- weekly. Also included are review and approval of shop drawings, responses to Contractor requests for information, preparation and review of change order proposals and change orders, review and approval of Contractor application for payment, and the preparation of punch lists. Late September 2003 thru September 2004 3aauary 16, 2003 Agreement p3983 , page I 1 of 13 awl crr r_wW_J 1J • 1L'1 W I I nM ZrUUM KLLLC.7 y 7T'4 f f3bY4d 89!26/2003 23:29 '19219; �. CITYQFSPOKAW: NU. Ibb U141.5 PAGE 13/14 F. Project Closeout phase: These servicas include monitoring the punch list cornpletion, review of operation and maintenance .manuals, review of racord diawirlgs and preparing recommendations for acceptance of the project as complete. • September 2004 Js>auary 16-2003 Agm=eat P3983 Page 12 of 13 lbidiiileees 1•i:10 WIIHERSPOON KELLEY 4 SP4773672 •. - NO.166 0914 39/25/2003 23:25 4921 5 CYTYOFSPOKANV(- PAGE 14114 Schematic Design Mirabeau Point CenterPlace $72,421 ($58,495) oaf 24 Full build -otA - 50.794sf 21% $108,831 1 Construction Cost Estimate- Fuji Build -out (60,794sf) $ 7,076,464 38% 2 Sales Tax 8.1 le of Gne 3 5 573194 Bidding Phase 3 $10,346 $ 7,649,658 27 Construction Administration I?rolect Costs $118,977 $118,977 4 Land Acquisition $ 500,000 5 Furnishings 9.0%ofrrie 1 $ 636,882 100% 6 Special Inspectionaffeating Allowance $ 8,000 Agreement 7 Project Contingency $ 286,147 entire project through includlllg documents constructiicn have on 8 Architectural Fees 7.31%offine 1 $ 517,290 $ 377,622 a Add for design of education vAng 2nd level $ 12,280 $ 12,280 40 subtract previous fees $ 68,77 $ 68 775 11 $ 4660,795 $ 321,127 Additional Services And Reimbursables ' 12 Bid Set Printing Allowance $ 10,500 $ - 13 Plan Review Fee Allowance $ 8,40 $ - 14 Life -cycle cost analysis $ 15,750 $ 15,750 is NREC Review Fee Allowance $ 2,625 $ - 1s Civil Engineering/Landscape Architecture $ 85,995 $ 63,201 17 Kitchen consultant allowance $ 8,925 $ 8,925 18 Furnishings procurement allowanoa 5.00% of line 5 $ 33,4 $ - 19 Soils consultant allowance $ 10,600 $ 10,500 20 Travel allowance $ $ - 21 Long distance telephone allowance $ $ - 22 5% markup on reimbursables (allowance) included in cJuded included $ 176,1311 $ 98,376 adjustments • 23 Schematic Design 14% $72,421 ($58,495) $15,926 24 Design Development 21% $108,831 $108,631 25 Construction Documents 38% $196,670 $196,570 2s Bidding Phase 2% $10,346 $10,346 27 Construction Administration 23% $118,977 $118,977 28 Project Closeout 2%$10,346 $10,348 29 100% $517,290 $460,795 January 16, 2003 Agreement P3983 Page 13 of 13 No. • 3 0959 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY, WASHINGTON IN THE MATTER OF EXECUTING AN ) ) ASSIGNMENT AGIEEMENT WITH ) ) WHEREAS, pursuant to the provisions of RCW 36.32.120(6), the Board of County Conunissioners of Spokane County has the care of County property and the management of County funds and business; and NVHEREAS, pursuant to the provisions of chapter 39.80 RCW, Spokane County designated, under Spokane County Resolution No. 99 -0529, Tan Moore Architects, P.C., as the most highly qualified 6rm in conjunction with RFQ 99- 060 - architectural services related to the design and development of Centerplace At Mirabeau Point; and WHEREAS, pursuant to the provisions of the above - referenced recital, Spokane County executed an Agreement with Tan Moore Architects, P.C., dated January 21, 2003, under which Tan Moore Architects, P.0 agreed to provide certain architectural services for the Centerplace project at Mirabeau Point; and NvREREA.S, Spokane 'County has executed an agreement with the City of Spokane Valley to transfer certain park properties owned by Spokane County to the City of Spokane Valley, one of which is that property known as Mirabeau Point on which Centerplace is to be constructed; and W1W,REAS, the City of Spokane Valley intends to develop Mirabeau Point and. -in connection therewith is desirous of accepting an assignment of that Agreement executed between Spokane County and Tan Moore Architects, P.C., under Resolution No. 99 -0529 and dated January 21, 2003. 5 Page 1 of 2 3 0959 NON ' THEREFORE, BE IT 17EREBY RESOLVED by the Board of County Commissioners of Spokanc County, that either the Chairman of the Board or a majority of the Board be and is hereby authorized to execute that document entitled "ASSIGNMENT AGREE MENT TAN MOORE ARCHITECTS, P.C." pursuant to which, under certain terms and conditions, Spokane County, Tan Moore Architects, P.C., and the un and Tan a n�loore e Architects P.0 , &omSpokane�County d January 23, 2003 between Spokane C } City of Spokane Valley. PASSED AND AD D this :gday of _, 2003. 04 coWr1 a s� ATTEST: , VICKY M. DALTON CLERK OF THE BOARD BY: / • aniela Erickson, BOARD OF COUNTY COMMISSIONERS np-qpoKA1►ffi7COUNTY, Ny k.SHINIGTOr ROSICELLI:Y, Char W :S, Vice Ch it LIN s Ii:Utesolutions\mn moon ambitects assignment IO2403.doe Page 2 of 2 MINUTES City of Spokane Valley City Council Study Session February 3,2004,6:00 p.m. Attendance: Councilmembers: Staff: Michael DeVleming, Mayor Dave Mercier City Manager Diana Wilhite, Deputy Mayor Nina Regor, Deputy City Manager Dick Denenny, Councilmember Ken Thompson, Finance Director Mike Flanigan, Councilmember Neil Kersten, Public Works Director Richard Munson, Councilmember Cal Walker, Police Chief Gary Schimmels, Councilmember Mike Jackson, Parks & Recreation Director Steve Taylor, Councilmember Cary Driskell, Deputy City Attorney Greg McCormick, Long Range Planning Manager Tom Scholtens, Building Official Steve Worley, Sr. Engineer Sue Pearson, Deputy City Clerk Chris Bainbridge, City Clerk Mayor DeVleming opened the meeting at 6:00 p.m., welcomed all in attendance, reminded everyone that this is a study session and there will be no public comments, and requested that all electronic devices be turned off for the duration of the meeting. 1. Opportunity Town Hall Report Parks & Recreation Director Jackson explained that the Spokane Valley Legacy Foundation is requesting that the City of Spokane Valley deed ownership of the Opportunity Township Hall to the Foundation for the purpose of establishing a local heritage museum for the community; that this is one of several properties acquired from Spokane County, was built in 1912, has approximately 2500 square feet, and is in overall good condition. Director Jackson added that the Foundation has applied for and received preliminary approval as a 501(c)(3) non -profit organization. Director Jackson introduced Foundation Coordinator Jayne Singleton, who also introduced several members of the Foundation Taskforce. Ms. Singleton explained about the Foundation's development to date, that the next phase is to acquire a location, that the building is now on the Historic Register and that it would be a very appropriate facility for the museum. Ms. Singleton further stated that the Foundation has a dedicated group of volunteers, they have established an organizational structure with by -laws, articles of incorporation, a tax identification number, liability insurance, and have raised over $30,000; they have hundreds of artifacts and many volunteers to help with the building restoration. Council concurred to hove this forward for a public hearing for February 24, 2004. Council also requested that language be included in the resolution to address use of the building as a museum or it would revert back as City property, and that the Foundation adhere to the requirements necessary so the building will remain a national historical building. A draft resolution will be presented to Council prior to the public hearing date. 2. Street Maintenance Agreement Public Works Director Kersten gave some background history of the Maintenance Contract Amendment, explained the basic terms and conditions of the contact, the implementation process of the contract in 2003, the negotiation process with the County for the 2004 budget, and the historical maintenance costs from the County for years 2002, 2001 and 2000. Director Kersten stressed that the 2003 figures were very rough estimates and the Valley's portion was not broken out in the budget figures. Director Kersten also discussed the spreadsheet showing actual costs and budgeted costs. Director Kersten explained the basic terms of the contract, that the contract can be terminated with 180 day's notice, and that the level of services explained in the contract is that level customarily provided by the County. Director Kersten added that the budgeted estimate for 2005 is based on historical numbers used to date, that any changes to the budget should be made by June 1, 2004; and that any substantive changes would require agreement by Study Session Minutes 02 -03 -04 Page 1 of 3 Date Approved by Council: 02 -10-04 CITY OF SPOKANE VALLEY .. Request for Council Action Meeting Date: a- 13Z7d_W City Manager Sign -off. Item: Check all that apply: ❑ consent ❑ old business ® new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Transfer of Opportunity Township Hall (12114 East Sprague Ave) to Spokane Valley Legacy Foundation for use as a local museum GOVERNING LEGISLATION: The details for transferring ownership of City owned property are currently being researched by the City Attorney. The building has been designated as an historic landmark with Spokane City/County Historic Landmarks Commission by County Resolution 96 -1054 dated November 5, 1996. PREVIOUS COUNCIL ACTION TAKEN: None BACKGROUND: Opportunity Township Hall is one of the properties acquired by the City from Spokane County by Interlocal Agreement #3 0790 in September 2003. The Spokane Valley Legacy Foundation (a Washington non - profit corporation) has requested that ownership of Opportunity Township Hall be deeded to their organization for use as a museum. The Spokane Legacy Foundation has applied for and received preliminary approval as a 501 (c) (3) non - profit organization. If council wishes to proceed, various steps to complete the transfer can be discussed. OPTIONS: Deed property to Spokane Valley Legacy Foundation. Retain property for other uses. RECOMMENDED ACTION OR MOTION: Council consideration for transfer. BUDGETIFINANCIAL IMPACTS: Past rental history indicated rental income was approximately $8,400/year. This would be offset by annual maintenance and operating costs. These costs were about $4,000.00 in 2003 STAFF CONTACT: Mike Jackson r ATTACHMENTS Letter dated January 22, 2004 and other general information submitted by the Legacy Foundation. Copy of Historical Landmark Designation Spokane Valley ' Legacy Foundati t , PO Box 141341 Opportunity, WA 9921 509 -217 -2737 To: Mike Jackson �y Parks and Director City of Spokane Valley Re: Request for transfer of ownership of the Opportunity Township Hall for the purpose of establishing a Local Heritage Museum. Dear Mr. Jackson: The Spokane Valley Legacy Foundation respectfully requests that the City of Spokane Valley deed ownership of the Opportunity Township Hall to the SVLF for the purpose of establishing a local Heritage Museum for the benefit of the Community. Since its inception in 2000, the SVLF has been collecting, preserving and exhibiting the history and culture of the Spokane Valley. Recognizing the need for cultural identity and community core assets in our new City, our organization has. done extensive research on Museum operation and practices, established collaborative relationships with local and state Historical Museums and Entities, identified private and public funding opportunities and strategies, garnered letters of support from the Business and Education sectors, developed a two -year plan and are prepared to implement the plan. The Museum will provide the Community with a heritage to identify with, serve as a resource for the school children and citizens and inspire an ongoing preservation of Spokane Valley History. Occupancy of the Opportunity Township Hall by the SVLF will ensure preservation of the historical landmark. The SVLF has the ability to fulfill its vital mission through a blend of sound management, strong leadership, clear lines of accountability and a passion for our Community. To grant the SVLF the Building would bean investment in the Community. We offerthe City of Spokane Valley an opportunity to honor and sustain its heritage, reawaken civic pride and instill a sense of identity In our citizens. Preserving our "common Identity makes for a community that knows its origins, enabling it to face future economic growth and development with a greater sense of direction. Since pokane Valley Legacy Foundation .J Site Location & Facility Plan ■ Acquiring a location is the essential need phase of establishing the Museum. Once a location is secured, the Community and various Stakeholders become more. engaged- opportunity Township Hall is the most appropriate facility to establish the local history Museum. Erected in 1912, and on the Historic Register, the Township Hall was the center of Governmental activities, Chamber meetings, Church Services and Community Events. As the Valley evolved, the Township hall was host to many groups who helped influence developmPut and shaped the Valley's identity. The Township Hall is the peffect place to preserve the history of the Spokane Valley. Reminiscent of times gone by, die building has the character to connect the past with the present. The Township Hall is centrally located and close to City Hall. It will couinbute to establisbing a City core and become an asset in the City's portfolio. ■ The Township Hall is structurally and mechanically sound. The interior of the Building is ready for construction of exhibits with some minor modification. 'The exterior of the Building is in need of restoration. The Flag Pole needs attention and the Washin gt on Stain Flag and the United States Flag will be, displayed properly: Contact has been made With. the Associated Builders & Contrac and the Spokane Home Builders Association members who donate time and materials to Community Projects. All guidelines and procedures established by the Spokane County Historic Preservation ofce have been �• , researched and will be adhered to. Spolo3ne Valley Fire Disrtzict 41 verified that the Building meets Fire Code. The Americans with Disabilities Act will be followed to the letter'o£t3�e law. The Building is currently ac�sale to Disabled Patrons with the exception of the Restrooms. Security will be addressed with electronic surveillance and with an alann' system for ■ after -hours monitoring. The Sheriff sub - station is approximately a quarter of a mile away. The Back entrance door will be replaced. The numerous windows are aesthetically appealing, however, raise security issues and wdl be addressed prior to opening the facility. ■ Grounds- keeping will ba at a m inimum as the Building is s=ounded by Asphalt anal Concrete. ■ Signage will br in accordance with City of Spokane Valley Planning Department ordinances. _ Benefits of a Heritage Center for the Spokane Valley Investment in History 1. By investing in Ifistory you help to create a community that understands it's shared experiences. This creates a community more capable of meeting adversity as a united family instead of a divided house. 2. Investing in history gives a community a better quality of life. The museum builds connections by providing a common forum in which communities can explore, discuss and reflect upon their future by learning from their past. These connections help reduce stress and illness by putting life in perspective and providing answers and friends when they are needed most. 3. A confidence in the future and a community that is willing to work harder and dream bigger because its members are confident in themselves. Through the convections, the museum makes and through its contributions to the community's quality of life, a confidence in the future is built. Communities are prepared to work harder to achieve new dreams and build a bigger, better road to tomorrow because they have a solid foundation on which to build. That foundation domes ' from a community's pride in its accomplishments and its sense that working together can accomplish more than worldng alone. 4. Investing in a museum enhances the economy of a community with a better quality environment for work and worker. It brings tourists and visitors into the community year around to stay in hotels, eat meals and shop. Businesses thrive in communities like this, as their employees are happier, healthier, and more inclined to shop and do business locally. S. Building strong, functioning, vital communities as an investment in the future. Who would have thought the past could have such an impact on our lives? We often look to the fixture so strongly that we forget that the greatest gift history gives us is ourselves. History shapes us, defines us, and tells us how to conduct business. it is what is important in our lives and hearts, and even provides our sense of value and worth. lust as we invest in roads of our communities to help us conduct business, visit friends and build families, we should invest in the roads that connect us to our history and heritage and our place in the present. t Tourism & Visitor Investment The Spokane Valley Legacy Foundation plans to aggressively market the Heritage Museum as a Cultural and Heritage Tourist Facility. Extensive research with the Washington State Tourism Office, Community Trade and Economic Development Agency, and numerous other museums show that Cultural and Heritage Tourism is the fastest growing segment of the Tourist Industry. Industry. Research shows that on average Cultural and Heritage Tourists spend more time and moricy as compared to other travcicrs. The Heritage Museum has the kitchen facilities to host receptions and events such as reunions that wish to gather at a site of interest. Significant separate space vrithin the Heritage Museum will be dedicated to a Visitors Room to promote Lodging, Restaurants, Events, Festivals and other attractions in the Spokane Valley and surrounding region. The Spokane Valley Legacy Foundation has committed to the following objectives: • Collaborate with the Valley Tourism Committee, the Lodging Community, area Visitor Centers and all stakeholders. • Market to the Tourism Association, targeting Tour Groups, Bus Tow Groups and Travel Associations, Museum brochures will be distributed stateivide, and nationally. • Contribute significantly to a "critical mass" of Valley attractions that collectively are conducive to overnight stays. • Create exhibits that are authentic and represent the history of the Spokane Valley and engage the visitor. • Ensure the Heritage Museum will serve as a "family oriented" facility. • Provide a means to fill the niche "What can I do vihilc in The Spokane Valley"? • Valley Restaurants, Hotels and Businesses will display Museum promotional brochures at their properties. • The Office of Community Trade & Economic Development and the Washington Tourism Office have offered to act• as a moirce for developing additional plans to promote the Museum. • , 1 Education Investment ■ The Valley School Districts and several private schools support and endorse the establisluuent of a Valley heritage center. • Students in Washington State are required to study state and local history at the ar & 5 "' grade levels. A hands on interactive experience of the history of the students hometown is recognized as an excellent way to enhance the curriculum of the School Districts. ■ . There will be opportunity for students of History and related fields in the lugher education sector.to intern atthe heritage center, Providing avahrable experience for the student and a benefit to the center's staff. ■ The Community at -large will benefit from gaining an understanding of the development and history of their community. _i i = Organizstiond Struc • The Spokane Valley Legacy Foundation is a 501 C3, tax - exempt entity as determined by the Internal Revenue Service. • The organization has incorporated status as a non -prof t entity with the State of Washington. • Articles of Incorporation and By -Laws are in effect. • The organization hac been panted a Tax Identification number by the Internal Revanue Service. i okane Valle Legacy Foundation Hist011F & proposed Timeline Formed -in 2000, the SV1F conceived and energized a plan to collect, preserve and exhibit the local history and culture ad of the Spokane Valley. The process has ben ey. e ned for cL �g n challenging, and couldn't be more timely gi ven the new City to establish Sts identity. A plan was developed to connect the history of the area with the opportunity of the present for the benefit of the cor munity. The vision to establish a Museum has grown into a core group Ct 7 individuals who contribute e nthusiasm and expertise toward that goal. over the past two years, the SVLF has: ■ Formed a Hoard of Directors. ■ Developed Mission and Vision statements. ■ Filed for Non- Profit Status with the 1RS. ■ Received a Tai: identification Number from the 1R.S . ■ Submitted PXticles of Incorporation to the State of Washington. ■ Promoted awareness of the project Lhrough. the .Media*. ■ Collected artifacts and archival photographs depicting the development of 'the Culture and Community of the Spokane Valley. • Researched the technical aspects of forming and operating a Community Museum. • Established partnerships with other local and state historical entities. • �t Identified and researched Local, State and Federal Grant opportunities. 1 • Secured letters of support and endorsements from Local Associations, Business and Schools. ■ Identified a location for the Museum. • Adopted and begun implementing a Two -year Plan. ■ Submitted a proposal : to Spokane County to lease opportunity Township Hall for the purpose of establishing a Museum in the historical building. The County oif Spokane deferred the decision to the City of Spokane Valley, as the property will be transferred to the new City• Preparation & Proposed ■ September 11, 2002 - Mkt with the MAC Museum Director, who offered to assist with anything we might need and granted access to archival photographs for '� 11 reproduction. ■ D'ecember 2002 - Contacted and established relationships with the following Museums and Hi Eno Yi�fiOYL Lseum act as a Idaho,Post resource _or Falls Historical Society, Cheney Museum, Inland Northwest Railroad Historical Society, Latah County Museum and the Newport Museum. • January.20, 2003 - The Lynden Pioneer Muse with director, Troy Luganbill agreed to be our sister ... Heritage Foundation and Museum to assist S.V.L.F. with its formation processes. ■ Feb /March 2003 - Town Hall Meeting. March 2003 - formation of charter membership drive committee. ■ April 1 - May 30 2003 Charter membership /Business membership group formed• Presentation to the City �1 Council of Soo }pane Valley. ■ P.pril 2003 - Acquired membership with the P nericar_ Association of Museums • ■ April 2003 - Business procedures set up. Loan and 9. ift forms created and printed for use. Begin forming Education Program. ■ June 2003 - Gather permanent board members per Bylaw requirement. ■ June 2003 - Set up registrar's collection policy and procedures. ■ July 2003 - Continue - accessioning artifacts and develop storage of artifacts and Photos, establish gift and Loan letters and procedures, develop Docent volunteer program - This group will ensure that the Legacy Foundation stays open to the public throughout the year. ■ August 2003 - Set up permanent and rotating displays. Move in artifacts, set up proper storage and acquisition of artifacts. ■ August 2003 - Begin Tourism databases send out tour!sm letter to hundreds of tour groups, Collaborate with Tourism Committee to organize visitor /Tourism area of Museum. ■ Sept 2003 - Valley Fest - Participation Co be determined. • November 2003 Christmas exhibit: Model Train A.ssoci'ation. Membership benefit is a family photo by the Christmas train & tree w /old toys etc.. ■ Christmas event: Old Fashioned Christmas ■ January 2004 - New years celebration and Docent "thank you" event ■ February 2004 - Old Films Night, a Historic Foundation Family fun and educational event. ■ March - 2004 New rotating exhibits set up - springtime in Spokane. Co. 1905 ■ April 2004 • April - May School tours (Planting projects - each student learns about the importance of trees in our economy and history during the last 100 years. • May 2004 - creation of 2nd & 5th grade programs for year after year use to pass on our heritage and culture to our coming generations. This will serve every student in our three valley school districts. • July 2004 - Rotating Exhibit change • Aug 2004 - Apple event summer in Spokane: Hot Rod Display • October 2004 - First Annual Open House • January 2005 New years celebration and Docent "thank you" event r� ' I Q STp7 "ES U JP A. ,)7,. fc ib � o` m tcbe �! ate o P yn •R4.. X899 �` „ ba. S:) Jl Secret of State 1, SAM REED, Secretary of State of the State of Washington and custodian of its seal, hereby issue this CERTIFICATE OF INCORPORATION to SPOKANE VALLEY LEGACY FOUNDATION A Washington.Nori- Profit Corporation. Articles of incorporation were filed for record in this office on the. date indicated below UBI Number.: 602 293 506 'u a. Nii.. —a.. M .. ni: .... y.a. • /�. as R Runs .a -.. �L... , • �. m... .paalan: t L= aar.a f ...a en a.► Date: May 05, 2003 Given under my hand and the Seal of the State of Washington at Olympia, the State Capital Sam Reed Secretary of State y I NTEThNAL REVENTUE SERVICE P. 0. BOX 2508 -- "INTCINNATI , OH 45201 Date: DEC 0 5 293 SPOKANE VALLEY LEGACY FOUNDATION 216 N LONG RD GREENACRES, WA 99016 -9549 Dear Applicant: DEPAR'T'MENT OF THE TREASURY May 5, 2003 Advance Ruling Period Ends: December 3.1 2007 Addendum Applies: No Employer identification Number: 01- 0602585 llLN: 17053280032033 Contact Person: GORDON KENYON IDR 75884 Contact Telephone Number: (877) 829 -5500 Accounting Period Ending: December 31 Foundation Status Classification: 509(a)(1) Advance Ruling Period Begins: Based on information you supplied, assuming your operations will b! *" ~ s - stated in your application for recognition of exemption, we have determined�;,::�u ,e exempt from federal income tax under section 501(a) of the Internal Revenue - code as an organization described in section 501(c)(3). Because you are a newly created organization, we are not now making a fin4l determination of your foundation status under section 509(a) of the Code. However, we have determined that you can reasonably expect to be a publicly supported aizganization described in sections 509(a)(1) and 170(b)(1)(A)(vi). •Accordingly, during an advance ruling period you will be treated as a publicly supported organization, and not as a private foundation. This advance ruling peTi.od begins and ends on the dates shown above. Within 90 days after the end of your advance ruling period, you must send us the information needed to determine whether you have met the require- ments of the applicable support test during the advance ruling period. if you establish that you have been a publicly supported organization, we will classi- fy you as a section 509(a)(1) or 509(a)(2) organization as long as you continue to meet the requirements of the applicable support test. if you do not meet the public support requirements. during the advance ruling period, we will classify you as a private foundation for future periods. Also, if we classify you as a••private•foundation, we will treat you, as a private. foundation from your beginning. .da•te for •purposes of section 507 (d ) and 4940 Gr and , con•tributors may rely on our determination that you are n. 3 private 'foundation until 9.0 da3�s after the end of your. ; advance .ruling perio�:,�' Tf you. send us. the required. Information within .the o rmination until we make days, grantors and ._.;ontributors may continue to rely on the advance det Letter 1045 (DO /CG) NO 9G 1054 BEFORETHE BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY IN THE MATT'Elt OF APPROVING THE ? DESTGNAMONOF OPPORTUN1Ty ) RESOLUTION TOWNHALL AS AN K6TORIC TAMNLALIM ) AND SE[ FORT14 STANDARDS FOR THE ) MANAGN -NT OF SAID HISTORIC LANDMARK ) P WH ers of Spokane pursuant u nthe Provisions L n Coun � oP il er d the management of county funds C i has p ro p ert y and business; wd jAgjEREAS, the Spokane Historic Preservation Office has advised the Board of County Cotnmissionm that the Historic Landmcuks commission has approved the nomination of Opportunity Townhall as on historical landmark as set forth in Attachment "A ", and in conjunction therewith has requested the t: the Board of County Commissioners approve such designation and enter into a management a.tfor the same; and WEEREAS, pursuant to the provisions of Spokane County Code Chapter 1.48, the Board of County Commissioners i t agreed, emen die e tiaR with f which is to M-we that the owner of such property agree fo as historic landniuks, to into a managemen agreement Par appropriate nunagem standards of the saate, and W SAS, Spokan9 County is the owner of Opportunity Towtthall; NOW THERUORE, BE IT RESOLVED by the Board of County Commissioners of Spokane County, based upon tl�c recommendation of the Historic lzndmarks Commission, that Cite Hoard does hereby approve the reonninandation of the Historic LatldJQtariS Commission that O MaMgt ll be designated i n ldstoT c landtne.rkq end additionally, that Spokane County will agree to certain managCaient standards in conjtmition with the designation of the Property as an historic landmark; BE rTFURTHER RESOLVED that the Board of County Commissioners shall maintain the Oppo ity Townhall as an historic Lm dmcuk and shall maintain the property consistent with the management standards set forth ut "THE SECftEI'ARY OF THE INTERIOR'S STANDARDS FOR ma na g ent st nd AND t; in N! S FOR REHABaHATL 1G HISTORIC BUILDNGS (Revised 1983)" 1.48. attached hereto as Attarhma tt "B" , and Spokane County Code Chapter PASSED AND ADOPTED this 5 day of November, 1996. BOARD OF COUNTY CONDAISSIONERS COMAtls�� OF SPOKANE C UNTY, WASKNG'TON a * {E •tO �� PhMp D. Harris 7 :a I i • W asson John Roskelley ATTEST: WILLIAM D : AHUE, _ Cie of �e and r 1 f BY D puty Clerk 96 1054 ATTACH "A" SPOI:4.NL HISTORIC LAIND\4ARKS COACIMISSIO:v FINDINGS F At'. f AND DECISION Opportunity Township Hall 12114 East Sprague November 5, 1996 sum IMARI' 'rhe Spokane Historic Landmarks Commission reconuuends that the Spokane Cotuily Commissioners lust Oppornnuty Toxnship Hall itt 'the Spokane Register of Historic Places. The property is owned by Spokane County. FIII.DINGS OF FACT The Spokane City/County Landmarks Commission recommended Opportunily ToNN�7ship Hali as 'a Spokane Landmark at its April 17, 1995 meeting. The decision was basO on the property meeting Criterion A for its association with the historic events of the developmenfof Opportunity To\,\vslnip. AGE Constnicted in 1912, the Opportunity Township Hall nieets the 50 year age criteria for listing,in. the Spokane Register of Historic Places. CONDITION Despite change in use over time, the Opportunity Township Hall is in fair condition. To discourage vandalism, the windows on the front facade have been closed on the exterior with painted plywood and on the interior with wallboard and plaster. The original windows are encased and preserved between the protective layers of wood and wallboard. INTEGRITY ion, design materials, wotimanship, and association. The building retains the integrity of locat ASSOCUTNE VALUE (CRITERI A) The historical value of a building's associations with a broad pattern of events is a critical factor in evaluating the significance of a property. In the case of the Opportunity Township Hail, the property is associated with the development of the town of Opportunity, and stands as a reminder of thv birth of that community. In '1909, when the state legislature passed a law enabling unincorporated conuuunities to fo!7n local units of government called to Anships, residents first fonved Opportunity Township, an irrigation project communih'. The township purchased the land from the Modem Irrigation &- Land Company in 1 910 and constructed the build'uig in 1912. The hall was built in the Spwxish Colonial Revival style a style that evolved from the California Mission influence of the time. The Township Hall quickly because the central focal point and gathering spot far the community. From the time the Township Hall was built until the mid- 1920s, Spokane Valley experienced a burst of growth brought on by the agricultural development of the area. The Opportunity Block at Sprague Avenue and Pines Road became- the busiest haven of activity in the area with the' Township Hall as the home of township government and center of community activity. �J Remembrquces about the buiiditg thik the strength and development: of the coiuznunity with the property: marry residents of'Opportunity belonged to the: clubs and organizations which Mat in *the Township Idall— these clubs were committed to lenduig a helping hand to their neighbor, recognizing that neighbors were the only hope of help should a disaster strike. The Township Hall was home to the first area library, +vas a meeting place for many churches, -and to various civic and social organizations, silent movies. and a variety of activities including rummage sales, dances,-bingo, receptions. The Opportunity Township Hall building has been through several updates and remodels, patchings and mendings, although the uses of the hail have changed little over the years.. Townships, as a form of local government, were dissolved in 1,972, and Opportunity is now a part of larger Spokane County, When the townships dissolved, the property was takcn over by Spokane County. The building continues to be used for community events. FINAL, DESIGNATION DECISION In conclusion, Opportunity Township Hall is architecturally significant under Criteria A for evaluating historic properties. The Spokane Landmarks Commission unanimously approved a motion to designate Opportunity Township Hall to the Spokane Register, based on the Findings of Fact, as set forth in this doeum_ent. l' 1 • _J Significant Features: all exterior portions of the building. PROTECTION MEASURES Control s No significant feature (as noted above) may be altered, whether or not a building permit is required, without first obtaining a Certificate of Appropriateness from the Landmarks. Commission pursuant to the provisions of 82 -0038. The following exclusion is allowed: In -kind maintenance and repair. Incentives The following incentives are available to the property owners: 1. Eligibility for historic site maker (to be paid for by the property owner). 2. Eligibility for technical assistance from the Spokane Historic Landmarks Corntnission.' 3. Eligibility for application to the Special Valuation ta% iicentive program. 4. Eligibility for application to the Open Space Special Assessment tax incentive program. S. Eligibility for application for Historic Building Code Relief. Decision made April 17, 1996. Spokane City /County Historic Landmarks Commission 96 1054 ATTACMEM "B" Management Standards PRomiSE OF OWNF�US ) agrees to and promises to fulfill the M anagem ent Standards for his/her property which is the pwner(s subject owner(s) Agreement Owner intends to bind his /her land and a ll successors and assigns. The Management Standards are: "TM SECRETARY OF THE INTERIOR'S STANDARDS FOR REHABWATION AND GutIUELINES FOR REHABILITATING HISTORIC BfJILU1NGS (Revised 1983)." Compliance with the Management Standards shall be monitored by the Historic Landmarks Commission. HISTORIC LANDMARKS COMMISSION The Owner(s) must first obtain from the Commission a "Certificate of Appropriateness" for any action which would affect any of the following A. demolition; B. relocation C. change in use; or D. any work that affects the exterior appearance of the historic landmark; In the case of an application for a "Certificate of Appropriateness " for the demolition of a landmark, the O agrees to meet with the Commission to seek alternative to demolition. These negotiations may last no longer than forty -five (45) days. if no alternative is found within that time frame, the Commission may take up to forty -five (45) additional days to attempt to develop alternatives, and /or to arrange for the salvage of architectural artifacts and structural recording. Additional and supplemental provisions are found in County ordinances goveming historic landmarks. *Federal Tax ID No. 91- 0420030 AFFIDAVIT OF PUBLICATION �� NOTICIE PUBLIC HE A' public.- hearing ducted';befgre_th City; Couhcil`of: Spokane: :Valley r the fbllbwing Ja' A:':, Resolutioir :,Caurjcil;to decl ; `Pity Town_Hall the''present =;i city; - ..to�s conveyape_of�! l.to, the'Spokan, or the pity, STATE OF WASHINGTON County of Spokane, ss. Name: City of Spokane Valley Acct: C042365 P.O.: Notice of Public Hearing No. Lines: 46 ilc II Total Cost: $ 56.64 Log No: SR6973 the '. a I, Joni Vincent do solemnly swear that I am the Principal Clerk of the SPOKESMAN - REVIEW, a newspaper established and regularly published, once each day in the English language, in and of general circulation in the City of Spokane, Spokane County, Washington; and in the City of Coeur d'Alene, Kootenai County, Idaho; that said newspaper has been so established and regularly published and has had said general circulation continuously for more than six (6) months prior to the 23rd day of July, 1941; that said newspaper is printed in an office maintained at its place of publication in the City of Spokane, Washington; that said newspaper was approved and designated as a legal newspaper by order of the Superior Court of the State of Washington for Spokane County on the 23rd day of July, 1941, and that said order has not been revoked and is in full force and effect; that the notice attached hereto and which is a part of the proof of publication, was published in said newspaper, one time(s), the publication having been made once each time on the following dates: .The.Property is: gpportunity Township Hall, ;12114 East Sprague Avenue; Spokane s.Valley; Washington; -:2; �.' - HEARVNC DATE AND;TIME: Tuesttiy) 2004, �AOTARY PUB0C i'Floor, iue Avenue, February 13, 2004 That said notice was published in the regular and entire issue of every alley:Fity I number of the paper during the period of time of publication, and that SR6973 the notice was published 'n the newsp per proper and not in a supplement. s .� Subscribed , d sworn to before me at the City of Spokane, this 13 day of FebrLYary, 2004 y,:oz Notary Public in and for the State of Washin on, residing in Spokane County, Washington +o 4 Opportunity Township Hall resolution Language Discussion Parks & Recreation Director Jackson went over the provisions of the resolution. Councilmember Schimmels asked about pledging assets in reference to #4, and City Manager Mercier mentioned the conveyance document will be a deed. [Deputy Mayor Wilhite arrived.] It was Council consensus to bring this document forward to the February 24 agenda. 5. Senior Center Bus Parks & Recreation Director Jackson explained that in 1999, the Spokane Valley Senior Citizen's Association donated a 17 passenger bus to Spokane County, that the County later transferred the bus back to the Seniors (effective date March 1, 2004); that we are currently providing the driver, but once the bus is owned by the Association, our insurer recommends against a city employee driving it. Director Jackson said that the Senior Citizen Association requested that the City continue to fund the cost of a bus driver for the Tuesday and Thursday bus routes for 2004. In addition, Mr. Jackson received a letter that the Senior board president may change, which could change the Senior's desired outcome in this issue. Director Jackson will gather more information and report back to council as information becomes available. 6. Refreshment Policy Draft. Finance Director Thompson explained that the City often provides refreshments and light meals prior to, during and/or after City meetings, and that the State Auditor's Office has advised that a formal policy regarding this practice is preferred. It was Council consensus to place this resolution on the next council consent agenda. 7 Fiscal Policy Investment Review Finance Director Thompson stated that he recommends we increase the 25% limitation investment with a single financial institution, to 50% when collateral is pledged to secure the investment and the collateral is held by a third party. Mr. Thompson explained that this increase will result in greater investment earnings with very little change in risk. It was Council consensus to place this resolution on the next council consent agenda. 8. Barker Bridge Project Public Works Director Kersten reported that last October, the Bridge Replacement Advisory Committee selected the Barker Road Bridge project for funding, and that in January, staff received notice that the Federal Highways Administration accepted that recommendation to fund the project; and that although typical funding is at 80 %, this project will be provided at 100% federal reimbursement, which is because of credits received due to the operation of the State of Washington ferry system in the Puget Sound area. Director Kersten explained that this would result in a budget savings of $1,620,000. Director Kersten added that construction is slated to start next summer and the design is still being explored. 9 Proposed amended Sign Code Ordinance, Institutional Uses. Long Range Planner Kuhta explained that this change is prompted by a request by Valley Hospital for them to have greater flexibility for hospital signage, and to separate hospitals from other current uses. Mr. Kuhta reported that the Planning Commission recommends not separating hospitals from other public uses in the UR -22 zone. After further discussion concerning the size of signs and criteria for zoning code amendments, it was council consensus to bring this matter forward on the 24 agenda. 10. Signage Issues Community Development Director Sukup said that the County went through a process of amending their sign ordinance with the primary affects to prohibit off - premise advertising; that an election was held to determine if billboards and current signs should be amortized, which vote passed by 56 -44 %. Director Study Session Minutes 02 -17 -04 Page 2 of 3 Date Approved by Council: 02 -24-04 1 CITY OF SPOKANE VALLEY Request for Council Action 1 1 7 Meeting Date: February 24 2004 City Manager Sign -off: Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE : Resolution Providing for the transfer of Opportunity Township Hall to the Spokane Legacy Foundation GOVERNING LEGISLATION: City Ordinance 03 -071, RCW 39.33.010 and Interlocal Agreement PREVIOUS COUNCIL ACTION TAKEN: Reviewed in Study Session BACKGROUND: Opportunity Township Hall was transferred by the County to the City through Interlocal Agreement. The Spokane Legacy Foundation has requested the property be conveyed to the Foundation for use as a museum that will display historical artifacts and provide cultural information on the Spokane Valley. The attached Resolution provides for the transfer of the. property upon certain conditions to the Foundation. If the conditions are not fulfilled the property will be reconveyed to the City. OPTIONS: Approve or deny Resolution RECOMMENDED ACTION OR MOTION: BUDGET /FINANCIAL IMPACTS: Opportunity Township Hall does not produce significant revenue for the City. STAFF CONTACT: ATTACHMENTS Resolution 04 CITY 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. 21541 -0110, 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 funding 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; Resolution 04 -003 Opportunity Township Hall Page 1 of 3 r' 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 authorized 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 Township Hall Page 2 of 3 r (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 taking the Property "as 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 24 day of February, 2004. ATTEST: '- Approved as to form: Stanley M. Schwartz, City Attorney Resolution 04 -003 opportunity Township Hall City of Spokane Valley gxs Michae`Tdi;VII ming, Mayor Page 3 of 3 Deputy Mayor Wilhite: said she and Mayor DeVleming represented the City at a press conference where the Secretaries of Commerce, Labor and Treasury along with the U.S. SBA Administrator presented a check to the Spokane Research and Institute Technology for three million dollars to build a new building. Councilmember Flanigan: stated that he was in Olympia last week meeting with legislators regarding pending legislation requesting a seat on the Public Facilities District, which so far has passed the Senate 47:1; and he also reminded everyone of the March 27 Mayor's Ball. MAYOR'S REPORT: Mayor DeVleming said the City has placed an ad in the newspaper looking for citizen participation on the Capital Facilities Task Force connected with the Library District, and interested persons should contact City Hall. PUBLIC COMMENT: None. 1 x1.117 L1V Mayor DeVleming said this is a public hearing regarding a proposal to transfer the Opportunity Township Hall from the City of Spokane Valley to the Spokane Valley Legacy Foundation. Mayor DeVleming opened the public hearing at 6:13 p.m. Parks & Recreation Director Jackson explained that staff is submitting a proposed resolution which will authorize the conveyance of the Opportunity Township Hall property to the Spokane Valley Legacy Foundation; that the resolution stipulates that if the Foundation were to violate any of the terms of the resolution, that the property would convert to the ownership of the City of Spokane Valley. Mayor DeVleming invited public comment. Tony Lazanis: stated his support of the proposal and that he hopes Council grants approval. Mayor DeVleming invited further public comment; none was offered. Mayor DeVleming closed the public hearing at 6:15 p.m. 2. CONSENT AGENDA: After City Clerk Bainbridge read the Consent Agenda, it was moved by Councilmember Munson and Seconded by Councilmember Flanigan to approve the Consent Agenda. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 3 Proposed Resolution 04 -003 Authorizin!? Conveyance of Opportunity T ownship Hall After City Clerk Bainbridge read the Resolution by title, it was moved by Councilmember Flanigan and seconded by Councilmember Munson to approve Resolution 04 -003 with the following amended / language: deleting the following from condition (4) on page 2 of 3, "avoid a bankruptcy or foreclosure" and substituting "that it will not voluntarily place a mortgage or monetary lien " which could lead to acquisition of the Property by creditors. Director Jackson added that staff feels the use of the facility for a museum would be an excellent use. Mayor DeVleming invited public comment; none was offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. c a R eading n • 'i O ^A ^n1 �'^ ^ T' Flske" Removed from the agenda. 't- vcz,v :xca - xc�zcaia =� rr vp v � 5 Second Reading Proposed Flood Plain Ordinance 04 -004 — M Sukup After City Clerk Bainbridge read the ordinance title, it was moved by Mayor DeVleming and seconded by Councilmember Flanigan to approve Ordinance 04 -004. Community Development Director Sukup said there are a number of residential and non - residential structures located in the Valley, that the City is currently operating under the umbrella of the County's participation in the National Flood Insurance Program, and that this approval will start the year -long application process for the City's own participation, which participation will enable people within the Valley to purchase flood insurance at Council Minutes 02 -2404 Page 2 of 6 Date Approved by Council: 03 -02 -04 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: February 24, 2004 City Manager Sign -off: Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE : Resolution Providing for the transfer of Opportunity Township Hall to the Spokane Legacy Foundation GOVERNING LEGISLATION: City Ordinance 03 -071, RCW 39.33.010 and Interlocal Agreement PREVIOUS COUNCIL ACTION TAKEN: Reviewed in Study Session BACKGROUND: Opportunity Township Hall was transferred by the County to the City through Interlocal Agreement. The Spokane Legacy Foundation has requested the property be conveyed to the Foundation for use as a museum that will display historical artifacts and provide cultural information on the Spokane Valley. The attached Resolution provides for the transfer of the property upon certain conditions to the Foundation. If the conditions are not fulfilled the property will be reconveyed to the City. OPTIONS: Approve or deny Resolution RECOMMENDED ACTION OR MOTION: BUDGETIFINANCIAL IMPACTS: revenue for the City. STAFF CONTACT: ATTACHMENTS Resolution 04- Opportunity Township Hall does not produce significant 5043821 Page: 1 of 2 0311112004 04 101 SPOKANE, COUNTY TITLE CO Spokane Co, WR AFTER RECORDING RETURN TO: WITHERSPOON, KELLEY, DAVENPORT & TOOLE PS 422 WEST RIVERSIDE AVE., SUITE 1100 SPOKANE, WA 99201 QUIT CLAIM DEED THE GRANTOR, CITY OF SPOKANE VALLEY, a municipal corporation; for and in consideration of One Dollar ($1.00) and other good and valuable consideration, conveys and quit claims to THE GRANTEE, SPOKANE VALLEY LEGACY FOUNDATION; the following described real estate, situated in the County of Spokane, State of Washington, µ including any interest therein which grantor may hereafter acquire: ro 0 Lots 10 and 11 in Block 165 of OPPORTUNITY as per plat thereof recorded in Volume "K" of Plats, page 20; t� Situate in the County of Spokane, State of Washington. Tax Parcel No.: 45211.0110 and 45211.0111 Automatic Reversion: Grantee shall use the property in conformance with City of Spokane Valley Resolution No. 04 -003 Ml which is incorporated into this deed as if fully set forth herein. Resolution No. 04 -003 contains a statement of intent and conditions relating to the transfer and use of the above property. Resolution a No. 04 -003 shall not be merged into this deed and shall survive closing. M a Title to the above property shall automatically revert back to Grantor if the conditions of Resolution 0 � No. 04 -003 are violated. For the purpose of title notice through this deed, the conditions are W summarized as follows: if Grantee discontinues or otherwise fails to (1) use the Property as a �q museum, (2) dissolves or discontinues its corporate or proprietary existence, (3) loses its tax exempt 5043821 Page: 2 of 2 03/11/2@&484:101 SPOKANE, COUNTY T TLE CO Spokane Co, WA status, (4) violates the conditions of Spokane County Resolution 96 -1054, (5) voluntarily mort a es or liens the property, or (6) acts contrary to the representations in Resolution No. 04- 001►M•,,�� automatically revert back to Grantor. ��` pF • •gip p R F G �` '•� SEAL `� •: mM - -. Dated Qh c 2004 INCORPORATED •• March 31, 2003 CITY KA VALLEY %� .•'� . N tNGI % 0 - " By: City Manager STATE OF WASHINGTON) ) ss COUNTY OF Spokane ) On this /0 day of a;k , 2004, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared, David Mercier, to me known to be the City Manager of the City of Spokane Valley, a municipal subdivision of the State of Washington, that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said municipal subdivision, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute said instrument, and that the seal affixed is the seal of the City of Spokane Valley. IN WITNESS WHEREOF, I have year first above written M. e,� Cj Norte% o m �► - Rises . WASH�N hand and affixed my seal the day and NOTARY PUBLIC in and for the State of Washington, residing at Spokane Valley My commission expires: eP a 5°