06-022.00 University City: Old Milwaukee ROW University to Sullivan Project
CONT'll\TGEI~i'T AGREEIVILNT '>l'O COl\7S'1'RUCT P1~VATE PRO,1 N~CT
TN SPRAGiTL/A.PPLEVVAY CORRLDOlE2
"Phis Contingent Agreement to Construct a Private Project in the
SpragueJAppleway Corridor ("Agreement") is entered into by and betlveen
University City, )Cnc. ("Owner/Developer."), a «~ashington corporation, having offices for
the transaction of business at 104 S. l+~reya St., ~'~'hite Flab Bldg., Suite 119. Spokane,
Washington 99202, and the Cite of Spokane Valley ("City"),apolitical subdivision of the
State of «~ashington, hereinafter jointly referred to as "Parties".
1. The City is planning to design and construct improvements to the Old
vlilwaukce Railroad right-of--way in order to extend Appleway Boulevard east from its
current terminus at University Road to Sullivan road. The City is seel:.ing,grant finding
from the Community Economic Revitalization Board's (CERB) Job 17evelopment fund
(JI»'). Additional state (TD3) and federal (STP(T~) grant funds are anticipated io help
complete the funding for this project. The name of this public facilities project is the
Valley-Corridor Project -Phase 2 ("Project") and the purpose is to alleviate existing
traffic congestion along Sprague Avenue, accomruodate future traffic growth, and
provide access along the south side of the comdor to facilitate new development and re-
development opportunities in accordance with the City's proposed Comprehensive Plan.
2. The purpose of this Agreement is to meet the requirements of the gram
application.
3. Cn the event CER13 fiuiduig is not provided, the Parties shall not be bound
by the requirements contained in this Agreement.
4. The City commits to constructing the Project if CE1tB financing is
approved.
~. If tl~ie City constn~cts the Project, Owner/Developer estimates that 7~0
permanent; fiill-tim.e jobs will be created and/or retained as a result of the Project.
6. If the City constricts the Project, Owner/Dcveloper estimates that it will
provide $ 31.=3QO,000 in private capital investment.
7. O~~mer/Developer. agrees to contact the local ~~orkforcc llevelopment
Council (WDC) and the State Employment Security Department .for assistance in fiilling
nc~~ positions.
8. Ouz~er./Developer agrees to provide tl~e City with employment and
investment data as requested by the JDP Program including; but not limited to,
.presentation to the Le~slalure during the legislative process.
9. The following is a list of any public andlor private contributions to the
public facilities project to date:
Cob-22
.~
a. laonation of Old Milwaukee right-of-~~ay by Spokane Count~~;
~..
1N W`ITNESS W1-IERFOF, the Parties have executed this Agreement this ag
day of March , 2006.
OVVITER/DEVELOYEl2:
Name o Company
B},•
S'fATB OF WASI-IIl~TGTON )
ss.
County of Spokane )
Its: Mana:Jv~a Agent
Name: Orville L. Barnes
On this a8`i~ day of March 2006 before me, the undersigned, a Notary Public
in and for the State of Washington, duly commissioned and sworn, personally appeared
Orville L. Barnes to me known to be the Managing Agent of
Universih~ Cit}~. Inc. the corporation that executed the foregoing
instrument, and acknowledged the instrument to be the free and voluntary act and deed of
the corporation, for the uses and purposes therein mentioned, and on oath stated that he is
authorized to execute the instrument.
~~-~IT\~i/SS my hand and official seal hereto aflyxed the day and year in this
certifc;.ate above written.
P~lomrryy Public
State of l+i~hi ton I
CAROLYN J. G-FORGE
AAY COWIPAISSIOAI EXPIRES
oec. ~ s, ~o~
NOTARY PL~L fG.~ in ~'nd for the State of
Washington, rending at Spokane
My commission expires: 12/15/07
Carolyn J. George
T~zame
CITY OF SPOKAI\`E VALLEY:
David Mercier, ~t: anager
A E ':
r
Chns I~ainbridge; City Cl~rk
APPROVED AS TO FORM:
Office of the City Attorney
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