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5991757 Agreement, Development: Hanson 04/08/2011 10:57:03 AM 5991757 Recording Fee $74.00 Page 1 of 13 Agreement GOVERNMENT, CITY OF SPOKANE VALLEY Spokane County Washington 1 1111111 111111111 11111 1111 1111111111111 1111 I I I 1 11111 111111111111 I I 1 11111 11111 11111 1111 1111 RETURN NAME and ADDRESS City of Spokane Valley 11707 E Sprague Avenue,Suite 106 Spokane Valley,WA 99206 Please Type or Print Neatly and Clearly All Information Document Title(s) Hanson Industries,Inc.Development Agreement Reference Number(s) of Related Documents List of Parcel Numbers and Descriptions,Exhibit A-Map of Hanson Properties, Appendix B-Sullivan Road Dedication,Exhibit C-Vested Trip Distribution, Grantor(s)(Last Name,First Name,Middle Initial) Boyle,Robert J,President of Hanson Industries,Inc Grantee(s)(Last Name,First Name,Middle Initial) Jackson.Michael D.,City Manager for the City of Spokane Valley Legal Description(Abbreviated form is acceptable,i.e.Section/Township/Range/Qtr Section or Lot/Block/Subdivision) see attached sheet for legal descriptions of all property involved Assessor's Tax Parcel ID Number see attached sheet for all parcel numbers involved The County Auditor will rely on the information provided on this form. The Staff will not read the document to verify the accuracy and completeness of the indexing information provided herein. Sign below only if your document is Non-Standard. 1 am requesting an emergency non-standard recording for an additional fee as provided in RCW 36.18.010. I understand that the recording processing requirements may cover up or otherwise obscure some parts of the text of the original document. Fee for non-standard processing is$50. Signature of Requesting Party Hanson Industries Development Agreement Parcel Numbers and Legal Descriptions Parcel Number I Legal 45113.9064 BSP-02-06 11-25-44 LT 1(AFN#5584038) 45113.9065 BSP-02-06 11-25-44 LT 2(AFN#5584038) 45113.9066 BSP-02-06 11-25-44 LT 3(AFN#5584038) 45104.9140 BSP-02-06 10-25-44 LT 4(AFN#5584038) 45106.9141 BSP-02-06 10-25-44 LT 5(AFN#5584038) 45113.9067 BSP-02-06 11-25-44 LT 6(AFN#5584038) 45113.9068 BSP-02-06 11-25-44 LT 7(AFN#5584038) BSP-02-06 11-25-44 LT 8(AFN#5584038);EXC THAT PTN OF SD LT8 LYG SLY AND WLY OF THE 45113.9075 FOLLOWING LN;COMM SE COR OF LT8;TH NOl DEGO5MIN27SECW 26.28FT TO POB; TH S78DEG56MIN35SECW 74.58FT;TH NI I DEGO3MIN25SECW 26.02FT;TH S88DEG54MIN33SECW 22.04FT TO PT ON WLY LN LT8 SD PT BEING 39FT NLY OF SW COR I T8 45113.9076 BSP-02-06 11-25-44 LT 9(AFN#5584038);EXC S 39FT OF E 89 40F OF SD LT9 45113.9077 BSP-02-06 11-25-44 LT 10(AFN#5584038);EXC S 5FT SD LTIO. (CITY OF SPOKANE VALLEY)10-25-44&11-25-44(CREATED FOR TAX PURPOSES ONLY-PTN IN TCA 0144-ALSO SEE PARCEL 45104 9165 IN TCA 0146)BSP-02-06 11-25-44 LT 11(AFN#5584038);TOG W/THAT 45116.9079 PTN OF SD LT8 LYG SLY AND WLY OF THE FOLLOWING LN;COMM SE COR OF LT8;TH NOIDEGO5MIN27SECW 26.28FT TO POB;TH S78DEG56MIN35SECW 74.58FT;TH Nil DEGO3MIN25SECW 26.02FT;TH S88DEG54MIN33SECW 22.04FT TO PT ON WLY LN LT8 SD PT BEING 39FT NLY OF SW COR I TR TOG W/R 39FT OF F R9 40 OF T.T9 OF RCP-01-06&TOG W/S 5FT OF 1.T10 RCP-(9-06 (CITY OF SPOKANE VALLEY)10-25-44&11-25-44(CREATED FOR TAX PURPOSES ONLY-PTN IN TCA 0146-ALSO SEE PARCEL 45116.9079 IN TCA 0144)BSP-02-06 11-25-44 LT 11(AFN#5584038):TOG W/THAT 45104.9165 PTN OF SD LT8 LYG SLY AND WLY OF THE FOLLOWING LN;COMM SE COR OF LT8;TH NOIDEGO5MIN27SECW 26.28FT TO POB;TH S78DEG56MIN35SECW 74.58E1;TH NilDEGO3MIN25SECW 26.02FT;TH S88DEG54MIN33SECW 22.04FT TO PT ON WLY LN LT8 SD PT BEING 39FT NLY OF SW COR T TR TOG W/S 39FT OF F R9 40 OF I TO OF RCP-0')-06 TOG W/S 5FT OF 1.T10 RCP-(9-06 45116.9073 BSP-02-06 11-25-44 TRACT"A"(AFN#5584038) 45141.0801 BSP 05-06 MARKET POINTE I PARCEL 1(AFN#5633934)BEING A PIN OF SULLIVAN PARK CTR 45141.0802 BSP 05-06 MARKET POINTE 1 PARCEL 2(AFN#5633934)BEING A PTN OF SULLIVAN PARK CTR 45141.0803 BSP 05-06 MARKET POINTE 1 PARCEL 3(AFN#5633934)BEING A PTN OF SULLIVAN PARK CTR 45141.0804 BSP 05-06 MARKET POINTE 1 PARCEL 4(AFN#5633934)BEING A PTN OF SULLIVAN PARK CTR 45114.0805 BSP 05-06 MARKET POINTE 1 PARCEL 5(AFN#5633934)BEING A PIN OF SULLIVAN PARK CTR 45116.0806 BSP 05-06 MARKET POINTE 1 PARCEL 6(AFN#5633934)BEING A PIN OF SULLIVAN PARK CTR 45114.0205 11-25-44,SULLIVAN PARK CTR,TR'A'OF SP 99-1218,R.O.S.,AUDITORS FILE#4454677,BK 16,PG 71&72. 45116.0211 SULLIVAN PARK CENTER LT 2 OF B.S.P.00-75 AUDITOR'S FILE#4548280 BK 2 PG 27 BEING A PTN OF TRSC&D SP 99-1218 45116.0212 SULLIVAN PARK CENTER LT 3 OF B.S.P.00-75 AUDITOR'S FILE#4548280 BK 2 PG 27 BEING A PTN OF TRSC&DSP99-1218 45116.0213 SULLIVAN PARK CENTER LT 4 OF B.S.P.00-75 AUDITOR'S FILE#4548280 BK 2 PG 27 BEING A PTN OF TR DSP99-1218 45116.0210 SULLIVAN PARK CENTER LT 1 OF B.S.P.00-75 AUDITOR'S FILE 4 4548280 BK 2 PG 27 BEING A PTN OF TR C SP 99-1218 10-25-44:That portion of the West 330 feet of the East 660 feet of the Southwest Quarter of the Southeast Quarter lying 45104.9136 South of Spokane and Coeur d'Alene and Portland railway right of way and North of Primary State Highway No.2; EXCEPT Indiana Avenue and EXCEPT Interstate 90. 45131.0210 VERA BI33 NON-OPERATING G N RR R/W LYG WITHIN SD BLK EXC HWY 45131.0214 VERA TR 133 EXC N150'OF E580'&EXC R/R R/W&EXC HWY 45131.0311 HANSON CENTER EAST TR B"COMMON AREA"AUDITORS#4592642 BK 27 PGS 10,11&12 45131.0419 HANSON CENTER EAST LT 12 BLK 2;EXC W 120FT 45132 0304 HANSON CENTER EAST LT 4 BLK 1 AUDITORS#4592642 BK 27 PGS 10,11&12 45132.0305 1HANSON CENTER EAST LT 5 BLK 1 AUDITORS#4592642 BK 27 PGS 10,11&12 45132.0310 HANSON CENTER EAST TR A(COMMON AREA)AUDITORS#4592642 BK 27 PGS 10,11&12 (CITY OF SPOKANE VALLEY)HANSON CENTER EAST LT 2 BLK I(AUDITORS#4592642 BK 27 PGS 10, 11 &12)TOGETHER WITH PIN OF VAC R/R R/W NLY OF&ADJ TO&LYG SLY&WLY OF FOLLOWING 45132.0312 DESC LN:BEG AT NE COR LT 6 BLK 2,PT ALSO BEING SLY R/W LN OF VAC R/R,TH NWLY ALG SLY R/R 610FT TO POB OF SD LN,TH N 11 DEG 22MIN 04SDS E SOFT TO C/L OF VAC R/R R/W,TH N78DEG 37MIN 56SDS W ALG C/L 409 19F TO PT ON E LN GOVT LT 4,TH NLY ALG E LN GOVT LT 4 20.42FT,TH N78DEG 37MIN 56SD W ALG C/L OF SD VAC R/R R/W 586.83FT TOW LN GOVT LT 4 IN 13-25-44&TERM OF SD LN. 1 of 2 Hanson Industries Development Agreement Parcel Numbers and Legal Descriptions Parcel Number Legal 45132.0401 HANSON CENTER EAST LT 1 BLK 2 AUDITORS#4592642 BK 27 PGS 10,11&12 45132 0402 HANSON CENTER EAST LT 2 BLK 2 AUDITORS#4592642 BK 27 PGS 10,11&12 45132.0406 HANSON CENTER EAST LT 6 BLK 2 AUDITORS#4592642 BK 27 PGS 10,11&12 45132.0407 HANSON CENTER EAST LT 7 BLK 2 AUDITORS#45692642 BK 27 PGS 10,11&12 45132.0408 IHANSON CENTER EAST LT 8 BLK 2 AUDITORS#4592642 BK 27 PGS 10,11&12 13-25-44 PTN OF BURLINGTON RAILROAD COMPANY'S SPOKANE TO GREENACRES BRANCH LINE DAP: SLY SOFT OF FOL DES TR:PTN OF SD RR COMPANY'S 100 FT WIDE BRANCH LINE RW OVER AND 45135.9092 ACROSS PART OF GOVT LT 4,BOUNDED BETWEEEN THE EAST LN OF SD GOVT LT 4 AND A LN DRAWN PARA WITH AND DISTANT 715FT ELY OF W LN OF SD GOVT LT 4;TOG W SLY SOFT FT OF SD RR/RW OVER AND ACROSS GOVT LT 3 OF SEC 13;TOG W SLY 30 FT OF RR/RW OVER AND ACROSS GOVT LT 2 AND NF 1/4 OF NF1/4 OF SD SFC 13 FXC R/W FOR FLORA RD 45136.0301 'HANSON CENTER EAST LT 1 BLK 1 AUDITORS#4592642 BK 27 PGS 10,11&12 45131.0501 (CITY OF SPOKANE VALLEY)BSP 02-09 LOT 1(AFN#5858686) 45131.0502 (CITY OF SPOKANE VALLEY)BSP 02-09 LOT 2(AFN#5858686) 45131.0503 (CITY OF SPOKANE VALLEY)BSP 02-09 LOT 3(AFN#5858686) 45131.0504 (CITY OF SPOKANE VALLEY)BSP 02-09 LOT 4(AFN#5858686) 45131.0505 (CITY OF SPOKANE VALLEY)BSP 02-09 LOT 5(AFN#5858686) 45131 0506 (CITY OF SPOKANE VALLEY)BSP 02-09 LOT 6(AFN#5858686) 45131.0507 (CITY OF SPOKANE VALLEY)BSP 02-09 LOT 7(AFN#5858686) 45131.0508 (CITY OF SPOKANE VALLEY)BSP 02-09 LOT 8(AFN#5858686) 45131.0509 (CITY OF SPOKANE VALLEY)BSP 02-09 LOT 9(AFN#5858686) 45131.0510 (CITY OF SPOKANE VALLEY)BSP 02-09 LOT 10(AFN#5858686) 45131.0511 (CITY OF SPOKANE VALLEY)BSP 02-09 LOT 11(AFN#5858686) 45131.0512 (CITY OF SPOKANE VALLEY)BSP 02-09 LOT 12(AFN#5858686) 45131.0513 (CITY OF SPOKANE VALLEY)BSP 02-09 LOT 13(AFN#5858686) 45131.0514 (CITY OF SPOKANE VALLEY)BSP 02-09 LOT 14(AFN#5858686) 45131.0515 (CITY OF SPOKANE VALLEY)BSP 02-09 LOT 15(AFN#5858686) 45131.0516 (CITY OF SPOKANE VALLEY)BSP 02-09 LOT 16(AFN#5858686) 45131.0517 (CITY OF SPOKANE VALLEY)BSP 02-09 LOT 17(AFN#5858686) 45131.0518 (CITY OF SPOKANE VALLEY)BSP 02-09 LOT 18(AFN#5858686) 45131.0519 (CITY OF SPOKANE VALLEY)BSP 02-09 LOT 19(AFN#5858686 45131.0520 (CITY OF SPOKANE VALLEY)BSP 02-09 LOT 20(AFN#5858686) 45131.0521 (CITY OF SPOKANE VALLEY)BSP 02-09 TRACT A(AFN#5858686) • 2 of 2 DEVELOPMENT AGREEMENT Hanson Industries,Inc. This Development Agreement ("Agreement") is entered into by and between Hanson Industries, Inc. ("Developer"), a Washington corporation, having offices for the transaction of business at 15807 East Indiana, Spokane Valley, WA 99216, and the City of Spokane Valley ("City"), a municipal corporation of the State of Washington, hereinafter jointly referred to as "Parties": RECITALS 1. This Agreement is entered into by the Parties pursuant to RCW 36.708.170-210 and RCW 82.02.020 to mitigate a direct impact identified as a consequence of the development of certain properties as described in Recital 2, below. 2. Developer is the owner/developer of certain real property generally located within an area bounded by Flora Road to the east; Interstate 90 (I-90) to the south; the Spokane River and Indiana Avenue to the north; and the intersection of Mirabeau Parkway and Indiana Avenue to the west shown on Exhibit A (herein collectively referred to as "Properties"). The individual Properties are commonly known as Hanson Center East, Hanson Center West, MarketPointe I and MarketPointe II. 3. Since 1997, and pursuant to the Agreements and Resolutions identified in Recital 4, below, Developer has performed the following transportation-related improvements or contributed financially to mitigate traffic impacts due to development of the Properties: • Dedicated right-of-way (ROW) for the widening and construction of Sullivan Road north of I-90 to the Spokane River Bridge; • Dedicated ROW and installed the loop ramps off I-90 Westbound at Sullivan Road and Westbound to I-90 behind Barnes & Noble Booksellers store. The dedicated ROW, east of Sullivan Road, was later used for the revised westbound Sullivan Loop ramp project to increase capacity for westbound traffic; • Dedicated ROW and widened Indiana Avenue between Sullivan Road and the westerly join line of the existing Indiana Avenue; • Dedicated ROW for construction of the new Indiana Avenue, which included additional land for the alignment of Mirabeau Parkway and Indiana Avenue; • Upgraded traffic signals and constructed an additional right turn lane from northbound Pines Road at the intersection of Pines Road and Indiana Avenue; • Contributed to the intersection of Sullivan Road and Indiana Avenue signals; • Constructed new Indiana Avenue between Sullivan Road and its easterly terminus (eastern boundary of Hanson Center East); Page 1 of 7 • Dedicated ROW and participated financially in the Evergreen Interchange improvements; and • Contributed $200,000 for the extension of Indiana Avenue to Flora Road. 4. The following Agreements and Resolutions gave Developer 4,186 vested P.M Peak Hour traffic trips for transportation concurrency purposes as required by RCW 36.70A.070 for a period of 15 years ending on March 9, 2015: • Spokane County Resolution No. 98-0829 dated October 18, 1998; • Satisfaction of Conditions Agreement dated November 19, 1998 ("Satisfaction Agreement"); • Addendum to First Agreement dated March 9, 2000 ("Addendum Agreement" — Authorized under Spokane County Resolution No. 99-1135; and, • Development Agreement dated March 9, 2000 ("Development Agreement") — Authorized under Spokane County Resolution No. 99-1135. The validity of these prior Agreements and Resolutions is acknowledged by the parties. 5. Due to the recent economic downturn and other factors Developer has 1,853 unused vested P.M. Peak Hour traffic trips that will expire on March 9, 2015. Further, several of the vested parcels remain undeveloped and a portion of the vested P.M. Peak Hour trips will expire before the full build-out of the properties. 6. Developer has requested that the expiration date of the banked traffic P.M. Peak Hour trips be extended to December 31, 2025 and that 361 additional traffic P.M. Peak Hour trips vest for concurrency purposes as allowed by RCW 36.70A.070 and Spokane Valley Municipal Code ("SVMC") Title 22.20. The Developer is vested with all P.M. Peak Hour trips for use for the Developer owned Properties for development actions. The Developer shall have the right to transfer such P.M. Peak Hour trips in its sole discretion for development actions within the Properties subject to the limitations described in Section 6 of this Agreement. 7. The Spokane Valley Comprehensive Plan (the "Comprehensive Plan") contemplates that the City will improve the intersection of Indiana Avenue and Sullivan Road through the Indiana/Sullivan Concrete Intersection project (hereinafter "the Sullivan Intersection Project") scheduled for 2011, and the Sullivan Road West Bridge Replacement project (hereinafter "the Sullivan Bridge Project"), which is currently scheduled to be completed by 2015. 8. The City has determined that modifications to the south portion of the Indiana Avenue and Sullivan Road intersection, to be done with the Sullivan Intersection Project, and the modifications to the north half of the intersection, to be done with the Sullivan Bridge Project, will mitigate traffic impacts from the Properties and others in the vicinity and allow for additional P.M. Peak Hour trips for concurrency purposes as required by RCW 36.70A.070 and SVMC Title 22.20. 9. Developer has agreed to contribute financially in the amount of $1,368 for the Sullivan Intersection Project and to dedicate up to 2,204 square feet of ROW on the northwest corner of the Sullivan Road/Indiana Avenue intersection for the future modification of the north half of this intersection. This future work is anticipated to be part of the Sullivan Bridge Project. Page 2 of 7 • 10. This Agreement is consistent with the Comprehensive Plan, the applicable development regulations and the 2011 adopted Council Goals. 11. This Agreement provides for the payment of a proportionate share of the improvements deemed necessary at the intersection of Sullivan Road and Indiana Avenue, which are a direct result of traffic impacts associated with the Properties. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants and conditions hereafter set forth, the Developer and the City hereto agree as follows: 1. Purpose. This Agreement is intended to amend and supplement the prior Agreements and resolutions set forth in Recital 4, above. All prior agreements not inconsistent with the terms of this Agreement shall remain in full force and effect. 2. Voluntary Agreement. This Agreement, including all attached documents, is a voluntary agreement as that term is used in RCW 82.02.020 and RCW 36.70B.170-210. The contribution offered is proportional to the traffic related impacts generated by the Development and mitigates a direct impact that has been identified as a consequence of the proposed development. In the event this mitigation Agreement is breached by the Developer, all of the City's obligations under this Agreement shall terminate. In the event this mitigation Agreement is determined by a court to be invalid, the City shall refund the unexpended portion of the contribution, and the City's obligations under this Agreement shall terminate, however; the Developer's rights regarding the vested P.M. Peak Hour trips for the Properties revert back to the Agreements, referenced in Recital 4, above. 3 Project. There are two projects associated with this agreement. The 2011 Sullivan Intersection Project will modify the south half of the Sullivan Road and Indiana Intersection to add turn and through capacity. The Sullivan Bridge Project will add turn and through lane capacity by modifying the north half of the intersection. The mitigation fee shall be based upon the construction costs for the Sullivan Intersection Project. 4. Contribution. The Developer shall in addition to amounts previously agreed to, pay $1,368. This contribution will be used in the Sullivan Intersection Project. The Developer also agrees to dedicate up to 2,204 square feet of additional right-of-way as measured from Sullivan Road westward at the northwest corner of the intersection (Parcels 45114.0205 and 45116.0213) shown on Exhibit B for construction of future improvements as part of the Sullivan Bridge Project 5. Payment The Developer agrees to pay all of the above-identified contribution at such time the City deems necessary. Payment shall be made within 30 days after receiving notice from the City. 6. Extension of time for banked P.M. Peak Hour trips — The Developer entered into a developer agreement on March 9, 2000 with Spokane County whereby Spokane County acknowledged the considerable infrastructure improvements, ROW donations, and cash Page 3 of 7 contributions by Developer, and contractually agreed that Developer shall have reserved for future concurrency purposes 4,186 P.M. Peak Hour trips for a period of 15 years, expiring March 9, 2015. The parties acknowledge that many of the P.M. Peak Hour trips identified in the March 9, 2000 developer agreement have already been used, and that as of the date of execution of this Agreement, 1,853 vested P.M Peak Hour trips remain. The Developer is vested with all the P.M. Peak Hour trips for use for the Developer owned Properties for development actions. The Developer shall have the right to transfer such P.M. Peak Hour trips in its sole discretion for development actions within the Properties subject to the trip distribution shown on Exhibit C. P.M. Peak Hour trips must be used in the designated east, west, and MarketPointe I/II areas and cannot be re-allocated without the developer performing a new traffic impact analysis with a scope that is appropriate for the circumstances. In the event that P.M. Peak Hour trips are not used for MarketPointe I/II, the remaining P.M. Peak Hour trips for this area will revert 70 percent to the west area and 30 percent to the east area. In consideration for the additional monetary and ROW contributions set forth in Section 3, above, City agrees to extend the time under which those P.M. Peak Hour trips are available for concurrency purposes from March 9, 2015, to December 31, 2025 and allow an additional 361 vested P.M. Peak Hour traffic trips. Any development project on the Properties must fully utilize the trip bank, vested through this Agreement, before claiming any additional capacity. 7. Future Traffic Analysis and Development. The P.M. Peak Hour trips allocated to Developer shall be considered vested pipeline projects for any traffic analysis conducted for other development projects in the area. Additional intersection capacity beyond the vested P.M. Peak Hour trips shall be used on first-come, first-served basis by the general public. 8. Compliance with RCW 82.02.020. Payment collected by the City will be held in a mitigation fee reserve account and may only be expended to fund the design, right-of-way acquisition, and construction of the Sullivan Intersection Project. Payments shall be expended within five years of collection. The City shall be entitled to reimbursement from the mitigation fee reserve account for any funds it may expend for the design, right-of-way acquisition, and construction of the Sullivan Intersection Project prior to the collection of the fee. Any funds in the mitigation fee reserve account not expended within five years shall be refunded by the City with interest as provided in RCW 82.02.020. 9. Reservation of Authority. Pursuant to RCW 36.70B.170 the City reserves the authority to impose new or different regulations to the extent required by a serious threat to public health and safety. 10. Notice. All communications, notices or demands of any kind which a party under this Agreement is required or desires to give to any other party shall be in writing and be either: (1) Delivered personally, (2) Sent by facsimile transmission with an additional copy mailed first class, or (3) Deposited in the U.S. mail, certified mail postage prepaid, return receipt requested and addressed as follows: Page 4 of 7 • If to the City: City of Spokane Valley 11707 East Sprague Avenue, Suite 106 Spokane Valley, WA 99206 Fax: (509) 921-1008 Attn: City Manager If to the Developer: Hanson Industries 15807 East Indiana Avenue Spokane Valley, WA 99216 Fax: (509) 922-5757 11. Successors. This Agreement shall be binding on and inure to the benefit of the successors and the assigns of the Parties. 12. Governing Law. This Agreement shall be construed in accordance with the laws of the State of Washington. Any action for enforcement of this Agreement shall be brought in a court of competent jurisdiction in Spokane County, Washington or as otherwise provided by statute. 13. Modifications. No modification or amendment of this Agreement shall be valid until the same is reduced to writing and executed with the same formalities as the present Agreement. 14. Waiver. No officer, employee, agent or otherwise of the City has the power, right or authority to waive any of the conditions or provisions to this Agreement. No waiver or any breach of this Agreement shall be held to be a waiver of any other or subsequent breach. 15. Representation. This Agreement forms a fully integrated agreement between the Parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the Parties hereto All Parties have read and understand all of the Agreement, and now state that no representation, promise or agreement not expressed in the Agreement has been made to induce any Party to execute the same. 16. Authority. Both Parties to this Agreement represent and certify that they have full authority and power to enter into and carry out this Agreement. The persons signing this Agreement represent that they have authority to act for and bind their respective principals. Page 5 of 7 IN WITNESS WHEREOF,the Parties have executed this Agreement this 6day of Apr L- , 2011. DEVELOPER: By; Its: President Name: Robert oyle STATE OF WASHINGTON ) ) ss. County of Spokane ) On this . -= day of ,A pc■ ( 2011 before me, the undersigned, a Notary Public in and for the State. of' Washington, duly commissioned and sworn, personally appearedO T , Bo al e— to me known to be the 'e-5 to of ktei. 4 `U 1�r tiA 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. WITNESS my hand and official seal hereto affixed the day and year in this certificate above written. 11$1111 l 1 cA-244.6-6,(--d• 5 ..•SsioN'•••. `'0 NOTARY PUBLIC, in aln or the State of -2—e /44 .A Washington, residing at �� IA O U 1 NOTARY : z S. My commission expires: 6l3-6!t Lt n PUBLIC 2 ��,t(Li '1 i\l�, i t e- -1-01 • ."IP �°I,<(%�F e N5 :•°.x. �.` Printed Name ,,,,. WAST1.0 Page 6 of 7 CITY OF SPOKANE VALLEY: Mike Jackson, City Manager ATTEST: APPROVED AS TO FORM: 7/ pc Chris Bainbridge, City E erk Office of the City Attorney Page 7 of 7 N ExhibitA - Hanson Properties ,,+E 3, Euclid Ave ‘ ■ iks\ -'"N„........_ n Euclid Ave d .. yG c Maixena Pve T � O a Mansfield Ave ~ Indiana Ave Hanson,Center West 1 ""IIIP Mis ion Ave :a. • t Poi 1 Mission Ave SR 9p wb r et P lli o sort tenter East a a Da e;. m � XI Q. M CD oBroadway Ave 7 0' n. XI a • SULLIVAN ROW DEDICATION PARCEL NUMBER EXHIBIT B 45114.0205 I 1 MARKET POINTE II, LLC i j ' N. 11 \ j 2,204 SQ.FT. N. SEWER LINE 1 0 I ROW DEDICATION EASEMENT �I AREA �N.DOC NO 94051300771 i ��■ 1 1 SEC 12-25-44 ■ 1 1 SEC 11-25-44 N. 1 ` I II PARCEL NUMBER \\ Hil K 1 I y 45116.0213' LOT " " l 15401 E. INDIANA 1 , MARKET POINT II, LLC 1 i _ I _ i S87'31'49"W 1 Tr _ - - } _ , 1 10' UTILITY EASEMENT-1---H / `_____ I _ ILEGEND SEC 14-25-44 ' �� � j/� ROW DEDICATION AREA i /ND/,gNq q liFNUE SEC 13-25-44 Exhibit C Vested Traffic Trip Distribution Hanson Property Name Vested PM Peak Hour. Trips Hanson Center East 1,255 Hanson Center West 846 Market Pointe I/II` 113 Total 2,214