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07-067.00 WACO Investments: Limited Access Agreement Dishman Rd. µ,' ~ Permit Nos.: 060005:. _; '~70000~.....-.~~7001926, and 07003424 _ ~ - Site Address: 523 S Dishman Rd Project Name: Spokane Discount Retail Addition L:IMTTFD ACCESS AGRFEiVfENT A. ,Waco lnvcstmcnts LLC, a ~~-~ashington Corporation, (Spokane Discount) was granted permission under 06000520 to construct a 13,700 square foot Croup M occupancy (retail) addition at 523 S Dishman Itd. in the City of Spokane Valley (City) and; under 0700001$ and 07001926 to install an automatic fire suppression system in the existing building al the same address, and; under 07003424 to extend that same automatic suppression system into the concealed, unoccupied attic space. B. Pursuant to permit 06000520; the building shell has been constn.icted, and the Group N7 addition is substantially complete and suitable for occupancy, but conditions for issuance of a Certificate of Occupancy set forth in the International Building Code Section 11 U.2 cannot be met at this time as described below: I. Installation of an automatic fire suppression system (sprin}:.ler s}'stem), which includes extension ol'the sprinkler system into the concealed, unoccupied attic space of the existing building. C. Due to the fact that the installation of the sprinkler system in the existing building has been completed and approved by the Spokane Valley Fire Department as authorized under permit ntunbcrs 07000018 and 07001926, but the extension. of the system into the concealed, unoccupied attic space has not been completed, Spokane 1iscount desires to obtaui access to the building interior constructed under permit number 06000520 for the purpose of conducting business prior to the issuance of the Certificate of Occupancy. D. in consideration of being allowed temporary access to the building interior prior to issuance of a final Certificate of Occupancy, Spokane Discount hereby covenants and agrees as follows: AGREE,~9LV'I' 1. Pern~ission for Access. Effective upon the City's and Spokane Discount's signatures below, Spokane Discount may gain access to the Group M building interior; PROVIDED, hawever; that until such tune as a Certificate of Occupancy is issued by the City, Spokane Discount shall limit any activities conducted within the Group M building to the follov`~ng: l .l Completion of all work required by applicable law, including the Spokane Valley Municipal Code; 1.2 Completion of all work required under permit numbers 06000520, 07000018, 0700] 926 and 07003424; 1.3 Unloading, relocating stock; l .4 Construction or installation of other equipment necessary for retail operation; and 1.5 Sales operations during regular business hours. 2. Ternunation of Permission for Access. The City, through its Building Ofrcial or her desi~ee, may terminate at any time, with or without notice; the permission for access granted in Paragraph l above, if the City determines in its reasonable discretion that: 2.1 Conditions within the building or in the adjacent existing structure create any risk to life, health, or safety; 2.2 Reasonable progress towards completion of the project is not being made; or C07-67 _ j~ .3 The wor~C '~._ .?ircd un~_ : ~~acrmit # U70034~~ is not completed ~'_ ~~~~pprov~~:.-,;: December 31, ~00~7; or ~.4 1'hc conditions set forth in Paragraph 1 above have been violated. 3. Indemlufication. Spokane ]discount acknowledges that tl~e it}~ is no# required by any provision of. ~a~~ to perrr.Mit access to the building i.i~terior prior tee issuance of a Certificate of occupancy, and that any access taken pursuant to tbas A.greeme~t is at Spokane T~iscourat's sole risl~_ poka3-Ee Discount agrees to indenuufy. hold harmless and defend the pity from any and all claims, damages, liabi]ity, costs, or expenses of an~~ kind arising from or rclatod to the grant of permission for access or the terr~~ination of permission for such access a.~ prOvid~d fCrr herein. AG~GI~ T this ~ day of ~ c~s-~ _ , ?~07 CITY ~F ~FOAT~rF Ai~i~F Building official, IVfary 1atc fartin Attest: ity Clerk, hristane ~iainbridge, IvI Approved as to form; ~ff.ce of the pity A.kto ~~at~o Inve hieni~, LC dba gc~kane T]iSc;t~~rni ~~,. owner, ~~ aco '1'A"1"~, C}~1= ashin~ton ~ CUT~~`~'`~ ~F Spokane } s s. On this da}~ personall}~ appeared before me, the undersit~cd, a Notary ~ukalic in and #or the Stale 0~~ Washington, duly comrnissiorted and sworn; Steve Waco, to me known to bc, or proven to be, the [)~~-ner of 1~aco ~Lnvestments T;f,C: (dba Spokane Discount, the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes herein mentioned, and on oath stated that he was authorized to execute said instn~mcnt and that the seal affixed, if any, is the corporate seal of said corporatio . ~TE7~~ my band and officio] seal this ~~day of ~ ~ , ~FilR~. (notary signature ~~~~ tpedfprinted name of notary ~ ~~~~ lotary Public i.n end .for the State of ~~Iahi.ngtou_ p41~ ~, Ivly commission expires: `~ -~(~ ~ L~