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06-024.00 Torgerson Properties: Old Milwaukee RR ROW University to Sullivan Project.~ CON`I'li~1GENT AG1tEEMLI~7T TO COiVS'1':121IC`[' 1'RiVATF PROJECT CN •S:F'~AClfl//APE}1~a;~VAY CORTt]:C)OR This Contingent Agreement to Construct a Private Project in the Sprague/Appleway Corridor ("Agreement") is entered into by and bet<ve~n TorQerson Properties ("O~~~ter./Developer'), a ~~Vashington corporation, having offices for the transaction of business at 4202 E I.,anc .Park Road, 1\7ead, V~'ashin~tou 99021 ,and the City of Spokane Valley ("City"),apolitical subdivision of the State of ~T~~ashington; hereinaitei jointly referred to as "Parties". 1. The City is plann.i.ng to design and construct improvements to the Old iiRilwaukee Rai_l.road righa-of--way in order to extend Appleway Boulevard east from its cwTent terminus a.t •Utuversity Road to Sullivan Road. The City is seeking grant funding .from the Commututy 1cononuc Devitalization Board's (CFRF3) Job Development Fund (J171~). Additional state (TIB) and federal (STP(Cl)) grant funds are anticipated to 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, accommodate future traffic gro~~th, and provide access along the south side o(' the corridor to facilitate new development anal 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 grant application. 3. Tn the event CP:R13 fiuiding is not provided, the Parties shall not be bAUnd by the requirements contained in this Agreement. 4. The City commits to constructing the Project if C)/RB financing is approved. 5. if the City constructs the Project, Owner/Developer estimates that 170 permanent, full-time jobs will be created and/or retained as a result of the Project. 6. 1.f' the City constructs the Project; Oti;mer/Developer estimates that it will provide $ 12,000,000 in private capital investment. 7. Ov~7ier~Developer agrees to contact the local «~orkforce Development Council (tiVDC) and the Slate Fmployn~ent Security Department for assistance in filling new positions. 8. Owner/llevcloper agrees to provide the City «~ith employment and investment data as requested by the JDF Program including, but not limited to, presentation to the Legislature during the legislative process. 9. The follo«~i.t~g is a list of any public and/or private contributions to the public facilities project to date: Cob-24 f -~~ ~~ . u_ Donation of Dld .iiwaukec right-of-way by pokanc bounty; I 1~1Ti~~~S I-IEE~F, e Parties have executed this Agrce~nent this ~~` day of March , Q{}. 01~4'71tERIDE ElfO~'ER: Name of omgany ~ ~ ~ lts: _ Dner ~• lame: Llo}~d H. '1"orgersan 7'TiJ Ol~ W~i.~TT~1 } } ss. bounty of Spokane ~ Ors this day of Iv~.~rch 2.OU~ before me, the undersigned, a rotary Public in and .~Or the Mate of 1~ashiugton, duly commissioned and s~~om, personally appeared Lloyd H. Tor e~ rson _ to me known to be the {]weer ~~ of Tor~erson l~ro~ertie~ ,the corporation that ex~;uted the foregoir instrumerft, and acknowledged the in~rurnent to be the free and voluntary act and deed of the corporation, for the uses and purposes therein mentioned, and on oath s~died that he is authorized to exute the inst~unent. V~1'1'l m hand and official seal h ~ affixed the day artd year in this certificate above written. [k^~~~ ~ Public State of l~fash`rn ton ~~~i ~ O~ec. 1~„ 207 iTY OF SPOKANE L~~~.': t t~ David Mercier, anager A ~ ~ .Ci., 1 7 7~i 1 r7s $21n~]rl~ge~ It l~r NOTARY PCJ T , i arrd #'or t State of Washington, residing at STrokane -- iviy cornrnission expires; 12JS ~IC}7 arolvn J. ~eor~e Name APPROVE} A TO FORM= ()~F1C~ O~tlie lty klorrtie _~,_