Title Insurance Valley Mission ParkA
TRANSNATION TITLE INSURANCE COMPANY
105 W. 3RD
SPOKANE, WASHINGTON 99201
(509) 922 -2222
Fax (509) 926 -1519
Prepared for:
CITY OF SPOKANE VALLEY
ATTN: BILL
11707 E. SPRAGUE - STE. 106
Michelle Erwin, Title Officer
merwin @landam.com
RE: Order No.: ME- 259389
Customer Ref: P.O. 3075 VALLEY MISSION PK
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 to fee simple estate or interest in said land is at the effective
date hereof vested in:
SPOKANE COUNTY, a municipal corporation in the State of Washington by
Deed recorded on April 14, 1941; January 27, 1947 and May 5, 1958 under
Recording Nos. 488754A; 735496A and 533464B and October 30, 1961 under
Recording Nos. 817584B and 817585B.
3. The land referred to in this Commitment is situated in the County of
Spokane, State of Washington, and described as follows:
That portion of Tracts 72, 75, 76, 77 and 80 lying South of
the Southerly right of way of SR 90 and all of Tracts 78, 79
and 81 through 98 inclusive all in PINECROFT FIRST ADDITION as
per plat thereof recorded in Volume "M" of Plats, Page 35;
EXCEPT Bowdish Street;
TOGETHER WITH vacated Johnson Street, vacated Woodward Street
lying South of Southerly right of way of said Highway which
attached by operation of law and the West half of vacated
Bowdish Street lying East and adjacent to Tracts 80, 83, 86
and portion of Tract 89 which attached by operation of law;
Situate in the County of Spokane, State of Washington.
END OF SCHEDULE "A"
*************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
THE FOLLOWING INFORMATION IS PROVIDED FOR CONVENIENCE ONLY:
(Parcel No. 45093.0646)
[Abbreviated Description: TT72, 75, 76, 77, 78, 79, 81 -98 & VAC. JOHNSON
& WOODARD ST. - EX. HIGHWAY & EX. BOWDISH PINECROFT 1ST]
Page 1 of 4
Order No. ME- 259389
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 1.780.
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
45093.0646 2003 $803.90 $00.00 $803.90
(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 No.:
45093.0646
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 4
Order No. ME- 259389
5. Easement rights and maintenance agreements, if any, for utilities which
may have been granted in vacated streets and alleys prior to their
vacation.
6. Reservations contained in Warranty Deed recorded on June 2, 1949 under
Recording No. 882506A, as follows:
The Grantor reserves all the interests, easements, liens, rights and
privileges set out in the water and electric service contract dated
November 4, 1905 and recorded in Book "E" of Contracts, Page 267 and
conveys the property above described subject to said contract and
subject to United States Patent and railroad reservations and to
easements, if any, of record.
7. WATER SLIDE AGREEMENT AND THE TERMS AND CONDITIONS THEREOF:
RECORDED: July 24, 1992
RECORDING NO.: 9207240203
REGARDING: Unrecorded with Splashdown Concessions
8. MATTERS SET FORTH BY SURVEY:
RECORDED:
RECORDING NO.:
DISCLOSES:
May 2, 2000
4477336
Roads and other matters
9. Unrecorded leaseholds, if any; rights of vendors and holders of security
interests on personal property installed upon said property; and rights
of tenants to remove trade fixtures at the expiration of the term.
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 Valley. We find no pertinent matters
of record against the name(s) of said party (ies) .
Page 3 of 4
Order No. ME- 259389
NOTE 3:
Property Address: Valley Mission Park. 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 policy to be issued in
connection with this commitment will be ALTA 1992 policies, or, in the
case of standard lender's coverage, the CLTA Standard Coverage Policy -
1990. The policy committed for or requested may be examined by inquiry
at the office which issued the commitment. A specimen copy of the
policy form(s) referred to in this commitment will be furnished promptly
upon request.
NOTE 5:
Transfer is to be according to statute.
ENCLOSURES: Paragraph(s) 4 - 8
Vesting
Sketch
sac
Page 4 of 4
l�
/N
/O
t
S7936'S4'E. jN
71.9r l .
fa R.O.S. BK. 64, PG. 27
0 5/4" REBAR; "TAGGART
o L.S. y 8446
R=11.360.00.
o �. ii4,�� R/W
o ST. HWY A40/y _ —� R-11.460.00, SWAY 1-90
72 0
- 4'°06ro4'16 -�_
R +1
75 76 R1 56a 00, L +1 B 77 0
R 8 R WEST SPLASH DOWN `` ? _
110.00' 78 LEASE I I 79 I 80 Fi I I ^
o DOC. NO. 920724020I3 — EAST 346.7' _ _
TENN
'( 20 50.00' 81 COURT I 0+ 82 I I 83
_OBI
19 ?p . 84 85 86
NS I
18 into ^Cpp - - -- - -- -- N.89—
oD Eye° 88 __•
17 2 87 _ PARCEL "�" _ _89 1 53
® 23.6ACS.
90 9
1 I� 92 �` I
— — — — — — — — — — I— — — —Rid $ I 55
g 93 I I 94 I I 95 8.,05 I _
I
— —� FND.
97 WITH
/ 16 CALC 96 98 PER I
662.94' O n .�� lt�o 662.94' .- .._r . ..
A N.89'59'27 E N.89'592 E
zo' 321.4r 321.47'
PARCEL "A'
(SEE DETAIL BELOW)01 - 2 TRACT 10 OPPORTUNITY i g z I =
ili 5 Ll
W. 1/2 -rn' E. 1/2 NI �p�® op® TRACT 9
O 'W 4.82 ACS. I ^ 4.81 ACS. j
" 8' 6 :(J)
i I ° I MAXI VELL VE.
Ro I 12' WATER AND
11 g 2 N POWER LINE ESMT
DOC. NO. 4405632 I WICKLAND
20' 6 ( susib Cnuoi 9
T SPIKE -- I FND. 3/4" PIPE)
0.5' N. AND 0.2' E.
PER PLAT
I
UNPLATTIED
TRACT 31
I
5 6 7 PE
FND. f
L.S. #
i
U
I
9
i
y5 RE
PLATS
AVE.
200
P_
AUDITOR'S CERIMCATE
FILED FO CORD THIS (9 DAY 0
AT M. IN BOOK
AT PAGE &3 AT THE REQUEST OF SPOKANE COUNTY
COUNTY AUDITOR
DEPUTY
TH LINE EXTENDED OF
USTA SUBDIVISION
"W. I 684.12' — 4i
- - AU11 GTA o °o
„cr), 89'40'47 "E. o
352.90' Z
m A GUS A A
_ �-FND. SPIKE
57 I D. IKE
G. 85 -
—L
100 0 200
1" = 200' FEET
400
SEC. 9, T.25N., R.44-E., W.M.
SEC. 16, T.25N., R.44E., W.M.
COUNTY, WASHINGTON
AUDITOR'S_ NUM BER
DFS_CRIPTION:
PARCEL "A"
TRACT 10 OF OPPORTUNITY, ACCORDING TO PLAT
RECORDED IN VOLUME `K" OF PLATS, PAGE 20, IN
SPOKANE COUNTY, WASHINGTON;
APT THE NORTH 2 FEET OF THE EAST HALF
THEREOF CONVEYED TO SPOKANE COUNTY FOR
MISSION AVE.
PARCEL "B"
THAT PORTION OF TRACTS 72, 75, 76, 77, AND
80 LYING SOUTHERLY OF P.S.H. NO. 2 AND ALL OF
TRACTS 78, 79, AND 81 THROUGH 98, INCLUSIVE,
PINECROFT FIRST ADDITION, ACCORDING TO PLAT
RECORDED IN VOLUME "M" OF PLATS, PAGE 35,
SPOKANE COUNTY, WASHINGTON,
EXCEPT THE EAST 10 FEET OF TRACTS 80 AND 83
CONVEYED TO SPOKANE COUNTY FOR BOWDISH ROAD.
TOGETHER WITH ALL THOSE PORTIONS OF VACATED
WOODWARD, AND JOHNSON ROADS LYING NORTH OF
MISSION AVENUE AND SOUTHERLY OF P.H.S. NO. 2.
LEGEND
0 = FOUND AS NOTED
• = SET 5/8" REBAR W /YELLOW PLASTIC
CAP L.S. NO. 13775 OR AS NOTED
A = CALC. POSITION
THE BEARING OF N.89'59'57 "E. ON THE CENTERLINE
OF MISSION AVENUE IS THE BASIS OF BEARING FOR
FOR THIS MAP.
ACCURACY STATEMENT (WAG 332 - 130 -1001
THIS SURVEY WAS PERFORMED USING A SOKKIA SET 4 II B
TOTAL STATION, A LEITZ LEVEL, AND A 100 FOOT CHAIN.
HORIZONTAL DISTANCES ARE BASED ON THE NATIONAL
GEODETIC SURVEY CALIBRATION BASELINE AT FELTS FIELD.
FIELD TRAVERSE METHODS USED WERE AS PER
WAC 332 - 130 -090 PART C.
THIS MAP CORRECTLY REPRESENTS A SURVEY MADE BY ME
OR UNDER MY DIRECTION IN CONFORMANCE WITH THE
REQUIREMENTS OF THE SURVEY RECORDING ACT AT THE
REQUEST OF SPOKANE COUNTY IN APRIL, 2000.
>O
i3O Taylor Engineering, Inc.
I Civil Design and Land Planning
W. 108 Niesion Awe.. Suite 208
Spokane, Washington, 99201
PHONE (509) 328 -3371 FAX (5)9) 328 -8224
FOR: MISSION PARK `
R.O.S. BK. 64, PG. 27
5/4" REBAR.;"TAGGART
L"
R-11 360 L.S. K 8446
00'
ASTATE � R/W
�
0
S"
Rte 11 56Q 00,
- �-
76 77 $
79 I I 80
—EAST 346.7' —•!
�l
�+Q
®�82
( I 83oOf
85
86
�
88
,RCEL 'B"
23.60 ACS.
_ _89_
— -
_
.-
91
92
C
94
I I 95
8 If
— —
97
— — —
—
98
TRACT 9
I
�I
I
�1
bl
I
X31
NI
�I
81
10
AUDITOR'S CERTIFICATE /�
FILED FO CORD THIS g_ DAY 0 •A' 4jW
AT M. IN BOOK -Gs/ d1
AT PAGE h13 AT THE REQUEST OF SPOKANE COUNTY v
COUNTY AUDITOR
DEPUTY
I ' N.C'J -D'J J/ L.
I 1
5o i 10.00'
48
I
NORTH LINE EXTENDED OF
I 51 AUGUSTA SUBDIVISION
I
t— 12 -
i N.89'40'47 "W. 1 684.' w
T - - - - --
1 53 0 p AUG TA °o
cc U2100 Sp , °o
w 89'40'47 "E. I o
I 55 Q 352.90' z
1 � m
JA6us r A E
I
— FND. SPIKE
FND. PIPE 57 I D. IKE 1
WITH WIRE -
PER R.O.S.
BK. 52 PG. 85
e
®
�l
�+Q
ESMT 1
05632
I
6
�
"w
g
_ J
I
FND. #5 RE
7
PER PLATS
FND. R BAR
SUB ®p�pSp ®pYl
TRACT 9
O
ND -/ 1
-
ESMT 1
05632
I
6
0
"w
_ J
FND. #5 RE
7
PER PLATS
FND. R BAR
L.S. # 706
AVE.
200 100 0 200 400
SCALE 1" = 200' FEET
INDEX: S.W. 1/4 SEC. 9, T.25N., R.44.E., W.M.
N.W. 1/4 SEC. 16, T.25N., R.44E., W.M.
SPOKANE COUNTY, WASHINGTON
DESCRIPTION:
PARCEL "A"
TRACT 10 OF OPPORTUNITY
RECORDED IN VOLUME "K"
SPOKANE COUNTY, WASHIN(
EXCEPT THE NORTH 2 FEET
THEREOF CONVEYED TO SP(
MISSION AVE.
THAT PORTION OF TRACTS
80 LYING SOUTHERLY OF P
TRACTS 78, 79, AND 81 TF
PINECROFT FIRST ADDITION,
RECORDED IN VOLUME "M"
SPOKANE COUNTY, WASHIN(
XE CEPT THE EAST 10 FEET
CONVEYED TO SPOKANE CO
.TOGETHER WITH ALL THOSE
WOODWARD, AND JOHNSON
MISSION AVENUE AND SOUT
I p(;FN FOUND AS NOTED
• = SET 5/8" REBAR W/Y
CAP L.S. NO. 13.775 0
A = CALC. POSITION
BASIS OF BEARING
THE BEARING OF N.89'59'57'
OF MISSION AVENUE IS THE
FOR THIS MAP.
THIS SURVEY WAS PERFORME
TOTAL STATION, A LEITZ LEA
HORIZONTAL DISTANCES ARE
GEODETIC SURVEY CALIBRATI-
FIELD TRAVERSE METHODS U
WAC 332 - 130 -090 PART
SURVEYOR'S CERTIFICATE
THIS MAP CORRECTLY REPRE
OR UNDER MY DIRECTION IN
REQUIREMENTS OF THE SURD
REQUEST OF SPOKANE COUN
ij'w Taylc
Civil
W.
SF
PHONE (509)
ST. HWY S.79.56'S4 "E.
MON. _ o
OZ' _
o
1
FND. I
L.S. N
lk
I r�r
I
8 1327.94'
1716 --
FND. MON.
CONC. W /WIRE
PER R.O.S.
BK. 52, PG. 85
IL
N
Io
It
IN
I.
la R.O.S. BK
5/4" REE
I L.S. # 84
I R= 11,360.00'
R/W
ST. HWY MON. -- AT4 0 00- I-90
R =11, 460.0
72 ����CC• "' _
75 — A"0604'16" R :11,56QOp'
_ _ 76 R =122�t
WEST SPLASH DOWN
110.00' 78 LEASE I I 79
DOC. N0. 9207240203 EAST 346.7'_ I _
50.00' 81 TENNIS r ®� 82
COURT
19
17
1/16 I CALC -
FND SPIKE W/-
j WASHER T
TRACT 111
FND BOAT
CE PIERCE
N.89Z927 E�-
2.00: J21.4 7' 2.00'
mI 5
W. 1/2 0) E. 1/2
o �
vi I
PARCEL 'A'
�. 84 85 —�—
a°$ , 88
87 �'�� PARCEL'S" _
—23.60 ACS.
90 91
— — — — J
93 � I 94
96 I I
r+ 662.94'
N.89- 59'27'E N.8959 27 E
20. 321.47' 321.47' I
PARCEL 'A'
(SEE DETAIL BELOW) ic I
TRACT 10 OPPORTUNITY 3i g9
cq
W. 1/2 "oI E 1/2 f
,W 4.82 ACS. I ^ 4.81 ACS
3" 2 :6]
Ito �I
� I
0 I
g o I 12' WATER AND
2 N POWER LINE ESMT
DOC. NO. 4405632 6
N.89S832'_W. 1 _N.89'S8'32'W. _
321.45' /
FND. 3/4" PIPE)
0.5' N. AND 0.2' E.
PER PLAT
UNPLATTED
TRACT 31
5 \6/ 7
0
BoOt
Eol
C.KLAI
02 1fi SU13DOVIS
K5 RE
PLATS
AVE.
FND. I
L.S. N
H
U
0
BoOt
Eol
C.KLAI
02 1fi SU13DOVIS
K5 RE
PLATS
AVE.
620
f
488754A
Q C D
Filed Apr 14 1941
lt54 P M
Req Co.Engineer
Joe A Stewart Aud
E Armstrong Dep
Rod by R Edson Dep
c_.UMPNRED
QUIT CLAIM DEED
The Grantor Leonard Skoglund, a bachelor of Opportunity,County
% of Spokane,state of Nashington,for and in consideration of One
and no /100 ( #1.00] dollars, in hand paid,conveys and quit claims
to Spokane Count , a duly constituted and existing County
Mate of.•�(a
----•. of the shington all interest n ow owned or here-
after acquired/ a following described real estste,situated
in theCounty of Spokone,State of Washingtont
•AMMAN A HAaMA& �T Blocks (or tracts) ninety -five (95) and ninety -eight (98)
of Pinscroft First Addition,accotding to the recorded plat there-
of-on file in the county Auditoria -Office of said county,subject to any railroad or patent
reservations and easements for highways,if any,standing of record.
Dated this 4th day of April,1941.
Leonard Skoglund
State of Washington )
County of Spokane j as
(seal)
I, the undersigned, a notary public in and for the above named county and state, do hereby cer-
tify that on this 4th day of April. 1941 ,personally appeared before me Leonard Skoglund,s bach-
elor to tie known to b e the individual described in and who executed the within instrumant,and
acknowledged that he slimed and a ealed the s sme as his free and voluntary a ct and deed, for the
uses and purposes herein mentioned.
Given i.nder my hand and official seal the the day and year last a bove written.
P-,!5'_-Z-6
- - - - - - - - - - - - - - - - - / S Fred J.Cunningham Notary Public for state
tFred J.Cunnir.gham Notary Public: of Viashington,residing at Spokane,Washing-
tstate of Washington t ton.
------------------ ---------------------------------------------
Dfi-----------------------------
Deed THE GRANTOR IMM Ib we duly appointed Receiver in the Ratter of the Die -
Filed Jon 27 1947,1006Alt solution of Pipeeroft Irrigation "latrict loo. 2, Case No. 95630, records
i
Req. Co. ngineer of the County dark's Office, now pendirC in the Superior Court of the
Frank J. lover, Jud. State of Washington in and for Spokane County, by court order under date
S, Armptrong,.Dope February 4, 1935 and inmedictely thereafter quelified as such Receiver
Reo. by J. Hermon e-01 /sod ever since has been and is now the duly appointed, quelified and act -
r%j ing Receiver of the assets of Yinecroft Irrigstion District No. 2, an
7 Insolvent public corporation of said County and State, including the real
property hereinafter transferred and conveyed.
U e a e of September 240, 1935 the Court in the above entitled action made and entered an order
directing and authorising the sale of the real property he :•einafter described.
NOA TsysrORx, I, Fred J. Cunningham, as Reoeiverrforessid, by virtue of the powers vested in We
by ism end tot virtue of the court order aforesaid directing and authorizing this conveyance and
for and, in consideration of the sum Of One Hundred Fifteen Dolltre (x115.00), the receipt whereof
It hereby acknowledged, do hereby give, grant, bargain, sell and convey unto Spokane County, a
duly constituted and existing County of the State of Washington, and unto its successors and as-
signs forever, ill right, title and interest now owned or which may hereafter be acquired by the
said Fineeroft rrigation District No. 2 and the Grantor herein roe its Receiver, in and to the
following described real property situated in Spokane County, Tbehington, to -wits
°t
aoroft first
Dtfioe Ot r�;
R __ - ►� L r T- — a—+ --v T
4 ` tbgte ='1� �► ea�t�r dpd;wasignb tort r° arb etId
Reod�vo� •toat�erh ;d�;
s 11t pt ail, PeXI 4*6 *)f1wy "the same, npder L* a tsdeh bi yd
.!E VY {x "�. s .''4'. `k ' 'yi+" � yrt`' -: �h• ' '�", J .sf`+ v ix rr
'{ I1t.WZ'fHE � ,'ss abgeir r`WPlneo� Sri' •�IIpl1 D 11 rib o'� 'ah "insolvent ` publis
Go* "tiIii se etoiMaold,} 3sove hereunto sot 1Kj pd hi# bL ..bsjr , *p *il,r 1941.' ;,,
Ss'Reeeiver "of ssid Pinecroft Irrigstion
District. No* 80'
at te of Washing
Lop' !
' 'i Cognty of Spoken sa Oa this 5th day of I�pri1; 1941, .befoa�' , °perbonslly appeared Fred J. `
Cutsninghaa t6`W *nosh to be the pe room who executed the foregoing Instrument as Receiver of
P naoroft Irrigation District No. 2,. end acknowledged that he a xecated. the svme freely and volun-
{ hefty for the uses and`purposes therein sontloned.
WITNESS sW hsi d and ''Off 10101 aesl t his 5th day of April, 1941.
Terence T. Gr}at Notary Public I Terence T. Grant Aotary Public
State of Washington a 1'° (J(� in and for the S1ste of Whohington
_U,
,LIT_I�_2:1 D E E D
The Grantors, cligt6ii—g-11 it rt and JAnA _A: Tpr+
his wd-rep of the County of Spokane, in the State of Washington, in consideration
None Dollars,
hand paid, conv,4y and quit claim to Spokane County, a municipal corporation in tht
State of Washington, all interest Ln the following described real estate situated
_-POUlAY-or Spokane, in the State of Washington.
a:=4 OO� - S o
u
therly of tft W2 rvay) he
of Pinecr
Addition lgoated In the Southeast quarter (SE 1/4) of the sout"s-f-
Of Section 9, Tovuship 25 North, Remege 44, E.w.m..
Dated this i7 t il day o4f
STATE CrF WASHRIGTON
COUNTY OF SPOKANE
XWX 1961
-7
I, the utidemif;ried, ." DeMltv Auditor in and for 9 1 -.e : -1
b(,,;e namd -nilrity and S-.a
do hereby certify h ; L7th d or octo bo r X- KJU
personally appeared T. Clinton ti. Turt and 'V-,
hi:; wife, known to me to he the individuals who executed t
and t*oz-._-.roi_ni,,, insL!-ument, and acknowledged the said irstru.ment L-) to the ire
XqUotat•y ct and deed of said individuals for the uses and purposes therEdn menti,-;
Ii: I.-JIT114ES5 IT have hereunto set my hand and affixed rn.y -_ficiaj seal
da.v and year hei-ei n f; :-:!! :0)ve w ritten.
Pit File
N
Ueput .'c-adJter in and fov tfie State
�iasning-t.c-n, res, at U.,) k
I T A4 D E E D
Heary A. ThOY
G=IE,.Fi `and M
'his -'�Afe the County of Spokano, in the State of Washington, in consideration c
Hq/100
5500.00 )Dollars , ir
h p"AA AA convey and quit claim to Spokane County, a municipal corporation in the
. ,
State 6 1 f . Washington, all interest in the following described real estate situated i
County of Spokane, in the State of 'Washington:
Tract-Z3--anj_Ajl _To of Tracts 77 and 80 1 112 Southerly a.' the Scm-luer-ly-,
lf*evay) of Finacro, rst-,",
4gh� Of
Addition located in the southeast Quarter (SE 1/4) of the Soutk�&
tWVTT-oraection 9, Township 25 North,, Range 44, E.W.M..
Dated this 27th day of October —. iii--Lq6I.
STATE OF WASHINGTON
COUNTY OF S?OFj1N-- ss
1, the undersig,11,ed, �i Deputy .editor in :ind !,cr• ,!Ic above name,; County and -It
do hereby cortifY !.hat, i" this — ."77th Jay of -1
�Orsonally appeared ",,0!'(:"C Me GOLDIE F. THOEMY and —H-nry
,his wife, knoin) to me to be the individuals who executed
instrument, and
f gc)jj-�V, acknowledged the said instrument L x: the fr
Ilry act and deed of raid individuals for the uses and purposes therein M enti.
IN VITHES S v,-HIJ R)F, 1 have hereunto set m;; hand and affixed my official seal
clay and year herein first " above ,; ritten -
Uep-allly A.,idiVor in and !or the State
of 't,"ashington, re-5-iding at Spokane,
Was',incton
Pit File 'No 5409
le
�
A N
a-1, MI �
la ache M�terof� Primary Sidte HtghwayNO 2
�mnt
ivnrSrr._ rtT',i.rt� #.r =nv- a,n"roi�z+
'tl�r'lOt1� - .3'@COr'd "�OrRAe3'8:'
in consideraturt of the aura ;o f 1EN (910.00)
B
Y'.
}
TItB �rida brtr cpnwafid �tereii yar,',vYi,n tt a ? :ae s, �nre 014 lost, .
tl�e pecific ci tatl+ concernin Har
g all of which are to be found within that certain p of tl fP te;i
ribw of zectsrd rind on ile`in the office of the Director of Highways at Olympia and bearing date
royal rid 2i" 1953
tls;. art ess *t a] . ot` -,, zins aL ti.or., the :tnde ',-:,1 nd, as Lhe owners of the qh(
ibid Trticts %:1 7f►` "T7 and 80 0 _ich "n l nds hnreirt conveyed °e part, c
theidselvt�s, their .heirc� si�cct o, °s r -i z tia; f , t.ry s`,'e , ^..rrnve, and rrsl'inqui
i px . ^,. tutus or
Sate nt :',Wishihoon; its succe....cr.. an, ra. »irns fn eve ;, all `ink, ,
8tt3�mBri�ra aacciss, 1.i�ltt, view and stir, and all
i hr of in.'re , o- . ress anew. 'roF
� ti iQ i t ha lauds here: n conveyed, l.nc1 j�i i hQ z-L r� or ?� �" cTzis!
�tto�,a tt�t�uc#aii- thercort or al.on�, t�. the �a in='�. �' 4i4 x.cts ,
t 3a ex i��s &ate ndeu that ti esc covenants, c dens td _ t: ct+ n :i al1 rti c
land W g)iaL1 tarevor wind the r rantors; a,tcr.esso.� or a.
{, j F -
jt{y 3ujt�1 tbb. and agreed that the delivery of this deed is hereby tendered and that tF,
4 # T
and +obli�aions 1►efieof shall Hat. become binding upon the State of Washington unless and uniihe
a on in writing for the State of Washington, Department of Highways, by th
of Way��rigincei•.
Dated this...., ....19.th. day of..
i
Accepted and approved
STATE `Ol WASHINGTON :---
r+ , /ice, _r% �-
4t - DE3'z1RT 1EZt'T HIGiSR'+►YSt+r�`'`r�1 �� f Jld
\ Ri0hr of tti eV ie q�► �
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY, WASHINGTON
RESGLUTION N 82 0445 0.
IN THE MATTER.OF )
VACATION OF ) "�
WOQ;0 *v! RD P,OAD AND ) RESOLUTION - VACATION S
JOi'NSON ROAD ) '.
COUNTY ENGINEER'S ROAD FILE NO. 1201Y. )
This being the day set for the hearing on the County Road Engineer's Report
the proposed vacation of WOODWARD ROAD AND JOHNSON ROAD, VACATION proceedings for
were initiated by PRELIMINARY RESOLUTION, and it appearing to the Board on proof <
made that notice of the hearing was published and posted in the manner and for th(
required by law,'and the Board after examining all claims and all maps and papers
and after hearing the evidence adduced at the heaving and it appearing that the ht
after. described roads WOODIIARD ROAD AND JOHNSON ROAD are useless and the same are
longer needed as a part of the general road system within the County and that the
will he benefited by such vacation.
THEREFORE, BE IT RESOLVED BY the Board of County Commissioners of Spokane Cc
Washington, that the hereinafter described portion of public road to -wit:
WOODWARD ROAD - from the North line of Mission North to Primary State Highwa?
No. 2
JOHNSON ROAD.- from the North line of Mission North to Primary State Highway
No. 2
Located -in the Southwest Quarter (S.W. 1/4) of Section 9, Township •25 North
Ranne 44 F.N.M.
be and the same hereby are vacated in accordance with the provisions of Chapter 31
R.C.W.
PASSED AND ADOPTED By the 'Board of County Commissioners of Spokane County, I
ington, this 4TH day of MAY,.1982.
BOARD OF COUNTY COMMISSIONERS
OF SPOKANE COUNTY, WASHINGTON
ATTEST: ; •VOP ON W. HLAND
/` :ERY, OF THE B R
BY
Y� DE T
ZD
CL)
533464
T
rs, z;-- ._ T ;r3shi-, mun.LCJ
The Granto, Oppoz -0
Spokane, in one c)-, W-, s,-,,
M=
poratlozj i'l L,'!• wf4
a t t
W
Y
. .. ........
r: L un
w)
LfiiF 22nd ri I
STATE OF WASHINGTON
C;UUIPfY OF SPOKjUE
Oil this 24th 'lay 31,
-ATY. =.I . . -- - - -, mk�, a Notary P-u,
and lo,-- the 1-0ove named Couilty auid
and Muriel '-N. littli
to me 1,11��Wn -,0
luwl . -nd Cie the :40ft.•'i is 1 i C)i c
the St; te o,' Wtislijij_-Lon,
a<., J f 0.
and Z--
-ct _ aij -cd
Corporation, rill ctell on 0,,tjj L,,--,t
a0knrywI;?.d004 that the SaLd
MEW, I have hereunto set my iland and m
'above written.
i
r
otiara . �cAgbors �r az►signs, a t tra�ar cc�eq tasd
nt�aits; >�taauisoesors a assi$orav�,r, a7 ersi�Fgx iu
vtsotcca, ;L,. vier a6i air, and ;a�.l rite of is, h
sr
t ba:eentha� hestn�eye, i1 tied; or'
` the rsa�i�ttiaz•- of ss d �ra�#� b6- o tuad ;tte an or, �g," j: ls9
t ie►tYet�iyiri that thy" cmrena:xts. restrictions 1..
__ daZ3 tcrevar bYnd t� :`errs, tei�r hairs, suacasaors or :4513i.
NA T3'rFy Et►nesr.
GO
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TATV o t'YtS MNOTO
AYS
lie
9207240203
J2 lU�C7 M92
WATER SLIDE AGREEMENT
THIS GR .MENT, made and entered into this day of
1992 by and between Spokane County,
having for the transaction of business at West 1116
Broadway venue, Spokane, Washington 99260, hereinafter referred to
as the "County ", and Splash -Down Concessions, Inc., having offices
for the transaction of business at 12`727 East Piper Road, Spokane,
Washington 99207, hereinafter referred to as the "Contractor ",
jointly, hereinafter referred to along with the County as the
"Parties ".
W I T N E S S E T H:
WHEREAS, the Board of County Commissioners of Spokane County,
pursuant to the provisions of the Revised Code of Washington,
Section 36.32.120(6), has the care of County property and the
management of County funds and business; and
WHEREAS, pursuant to the Revised Code of Washington, Section
36.68.010, a county may lease or sell any park property, buildings
or facilities surplus to its needs, or no longer suitable for park
purposes; and
WHEREAS, Spokane County is the owner of Valley Mission Park,
located at East 11423 Mission, Spokane, Washington; and
WHEREAS, a certain portion of Valley Mission Park was declared
surplus to the present and foreseeable need of Spokane County by
the Board of County Commissioners of Spokane County pursuant to
Resolution No. 82 -0350; and
WHEREAS,. pursuant to Resolution No 82 -0494 the Board of County
Commissioners authorized execution of a Water Slide Agreement with
Splash -Down Concessions, Inc. pursuant to which Splash -Down
Concessions, leased a portion of Valley Mission Park for a period
of ten (10) years to construct and operate a water slide; and
WHEREAS, the Parties desire to renew the Water Slide Agreement
for an additional ten (10) year time frame;
NOW, THEREFORE, for and in consideration of the mutual
promises set forth herein the Parties hereto do mutually agree as
follows:
SECTION 1• SUBJECT AND PURPOSE
The County leases to Contractor, subject to the terms and
PAGE - 1.
.. r•
.F
VOL. Liao
c8nditions herein contained, certain real property in valley
Mission Park located at East 11423 Mission, Spokane, Washington,
and more particularly described-as follows:
That portion of Blocks 72, 75, 76 lying South of State
Highwa 1 an 82 c ft
first Ad �blnc
n ccor in hereof recorded in Book
I'M" of Plats, Page 35 Spokane County, Washington.
ogetY r wi-th� that portion of vacated Johnson St.
J U.LL11.L 41 d
locks.
IR epy the West 110 feet of said Blocks 72, 75, 78 and
also except the East 346.7 feet of said Blocks 76, 79
and 82; also except that portion of said Block 82 and
vacated Johnson St. included within the existing tennis
courts.
containing 2.56 acres more or less.
hereinafter referred to as the "Premises" for the purpose of
constructing and operating a water slide or slides and related
landscaping only, in accordance with the proposal submitted by
Contractor which is attached hereto as Exhibit "A" and incorporated
herein by reference. The County shall provide Contractor all
necessary easements reasonably required by Contractor to access the
Premises.
SECTION 2: TERM
The term of this Agreement shall commence on July 25, 1992
shall terminate ten (10) years thereafter.
SECTION 3• CONSTRUCTION OF SLIDE
Contractor, at its sole expense, shall construct, operate and
maintain upon the Premises a water slide or slides, together with
appropriate fencing, support structures, landscaping, splash pool,
and all related facilities and equipment, in conformance with the
plans and specification submitted by Contractor attached hereto as
Exhibit "A" and incorporated herein by reference.. No change or
modification of the plans and specifications submitted by
Contractor to the County and incorporated herein by reference shall
be made unless first approved by the County. If at any time during
the life of this Agreement the Contractor fails to use the Premises
for the purpose of construction and operation of a water slide or
slides, without first obtaining permission in writing from the
County, this Agreement may at the County's option, be terminated.
If the Contractor desires to add additional flumes, apparatus
or other recreational items or facilities other than those
originally proposed, Contractor shall first obtain permission from
the County.
PAGE - 2
r• ..
VOL.
SECTION 4: OPERATION OF SLIDE
218pta 4;;q
During the term of. this ;Agreement the Contractor shall
initiate, contract for and obtain in its own name and fully and
promptly pay for all water, gas, sewer (except as set forth in
Section 14), refuse, electricity, heat, lights, power, telephone
service, and all other public utilities of every kind furnished to
the Premises throughout the term hereof, and all other costs and
expenses of every kind whatsoever of or in connection with the use,
operation and maintenance of the Premises and all activities
conducted thereon and the County shall have no responsibility of
any kind whatsoever for any thereof.
Contractor shall submit slide'`,admission prices to the County
for approval. All other fee structures and rates shall be
coordinated with the County. Contractor shall operate the slide
for public use during such months and hours as it deems proper;
provided, however, that hours of operation shall not begin before
10:00 o'clock A.M. nor.end later than 10:00 o'clock P.M. Monday
through Saturday, and shall not begin before 12:00 o'clock Noon nor
end later than 10:00 o'clock P.M. on Sunday unless approval for
extension of such hours is given by the County.
No advertising shall be inscribed, painted, affixed, or
displayed on the Premises without the prior approval of the County.
The purpose of this provision being to ensure that the Contractor
does not utilize or display advertising that may be offensive to
the County or the citizens thereof.
Contractor shall not discriminate against any employee,
applicant for employment, or patron on the grounds of race, color,
sex, national origin, creed, marital status, age or. presence of any
sensory, mental or physical handicap.
SECTION 5: CONCESSION FEE
The Contractor shall pay to Spokane County a fee of: (1) Ten
percent (10W) of gross receipts up to $300,000; (2) five percent
(5%*) of gross receipts in excess of $300,000 derived from operation
of the slide or slides, shelter rental and any other recreational
apparatus on the Premises; and (3) the fees set forth in Section 12
of this Agreement.
The percentage fees shall be paid within ten (10) days after
the end of each calendar month during which there are gross
receipts from the operation of the slide or slides, other
recreational apparatus, or food concessions.
Within sixty (60) days after the close of its slide operating
season, Contractor shall deliver to the County a statement of its
gross receipts, including supporting documentation, from
Contractor's operations on the Premises, setting out monthly gross
PAGE -'3
receipt figures and percentage fee computations for the entire
operating season.
SECTION 6 INSURANCE '
During the period of this Agreement Contractor shall carry and
keep in force, at its sole expense, a commercial general liability
insurance policy with minimum limits of $1,000,000 per occurrence
with a $3,000,000 aggregate for bodily injury and $1,000,000 per
occurrence for property damage. Said policy shall be written by a
reliable insurance company or companies and shall provide that said
policy shall not be cancelled, materially changed or not renewed
without 30 days prior notice thereof to the County. The County
reserves the right to approve the Contractor's insurance
carrier(s). The County shall be named as an additional named
insured in all such policies and the Contractor shall provide the
County with certified copies of said coverage prior to commencement
of operation of the water slide.
On January 1st of each year that this Agreement is in effect,
the County agrees to contact the County's insurance broker and
obtain an actuarial review of water slide coverage and claims. As
a result of such actuarial review, the Parties may mutually agree
to modify the commercial general liability insurance policy
provisions provided for herein.
The Contractor shall provide all fire insurance on the
Premises and personal property that Contractor moves onto the
Premises and any casualty insurance desired by Contractor both at
the sole expense of Contractor and the County shall have no
responsibility whatsoever therefor.
SECTION 7• INDEMNIFICATION
The County shall not be liable for any loss, injury, death, or
damage to persons or property which at any time may be suffered or
sustained by Contractor or by any person whosoever may at any time
be using or occupying or visiting the Premises or be in on or about
the same, whether such loss, injury, death, or damage shall be
caused by or in any way result from or arise out of any act,
omission, or negligence of the Contractor or of any occupant, sub-
tenant, visitor, user, or patron of any portion of the Premises, or
shall result from or be caused by any other matter or thing whether
of the same kind as or of a different kind that the matters or
things set forth above, and.Contractor shall indemnify the County
against all claims, liability, loss or damage whatsoever on account
of any such loss, injury, death or damage. Contractor hereby
waives all claims against the County for damages to the buildings
and improvements that are now on or hereafter placed or built on
the Premises and to the property of Contractor in, or about the
Premises, and for injury to persons or property in or about the
Premises, from any cause arising at any time during the term
PAGE - 4
r
i
hereof, the giving of this waiver being one of the conditions upon
which this Agreement is executed,by the County.
SECTION 8: SLIDE OWNERSHIP
It is understood that the water slide is a proprietary product
of the Contractor. The County obtains no interest therein as a
part of this Agreement and may not use any of its ideas, concepts,
structures or components without the express consent of Contractor
except as provided hereinafter.
SECTION 9: OWNERSHIP OF IMPROVEMENTS
All improvements and equipment placed on the Premises by
Contractor shall be and remain the property of Contractor, and the
County shall have no interest therein except as provided
hereinafter.
SECTION 10: TERMINATION
In addition to all other rights and remedies which the Parties
may have herein or at law, the Parties may terminate this Agreement
as follows:
A. By Contractor.
This Agreement may be terminated by the Contractor
upon 30 days written notice to the County upon the
happening of any one of the following events:
a. The default of Spokane County in the
performance of any terms, conditions or
covenants herein required to be performed by
the County and the failure of the County to
remedy such default within a period of 30 days
after the receipt from the Contractor of
written notice to remedy the same; provided,
however, that no notice of termination as
herein provided shall be of any force or
effect if County shall have remedied the
default prior to the expiration of such 30 day
period, or if the nature of such default is
such that a period in excess of 30 days is
necessary in order for County to cure the
default and shall diligently continue its
efforts to correct such default. In such
event, County shall have such time as is
reasonably required to cure the default.
b. The failure to derive gross receipts from
operation of the water slide of at least
$125,000'in any operating season.
PAGE -'5
B. By the County.
This Agreement may be .terminated by Spokane County
upon 30 days written notice to the Contractor upon
the happening of any one of the following areas.
a. The failure of the Contractor to make any
payments of money as required hereunder after
receiving ten days 'written notice of its
failure to pay such money.
b. The failure of Contractor to derive gross
receipts from operation of the water slide at
least $125,000 in operating season.
C. Abandonment of the Premises by the Contractor
and /or the continuance of unauthorized
variance of conduct and operation of the
business required hereunder for a period of
five consecutive days; provided, however, that
the County understands and agrees that
Contractor's operation is seasonal and closing
the Premises for the season or interruptions
in the operation of the water slide due to
weather conditions or repairs shall not
constitute an abandonment of the Premises.
d. The default of Contractor in the performance
of any terms, conditions or covenants herein
required to be performed by the Contractor and
the failure of the Contractor to remedy such
default in a period of 30 days after receipt
from the County of written notice to remedy
the same; provided, however, that no notice of
termination as herein provided shall be of any
force or effect if Contractor shall have
remedied the default prior to the expiration
of such 30 days period, or if the nature of
such default is such that a period in excess
of 30 days is necessary in order for
Contractor to cure such default, and
Contractor shall have commenced to cure the
default and shall diligently continue its
efforts to correct such default. In such
event, Contractor shall have such time as is
reasonably required to cure the default.
In the event of termination of the lease as provided herein
the Parties shall have their remedies according to law and in
addition shall have the following remedies:
I
A. By Contractor.
In the event of termination by Contractor, and
except as provided herein Contractor shall have the
right to remove the water slide, removable
supporting structures, buildings and other
improvements placed upon the Premises by Contractor
at any time within 120 days after such termination.
Contractor shall restore the Premises to its
original condition during the same time frame
allowed for removal of the structure.
B. By Spokane County.
In the event of termination by Spokane County as
provided herein or at the end of the term of this
Agreement the County shall have the right for a
period of 90 days after termination to purchase the
water slide, support structures, buildings and
other improvements from the Contractor at a price
to be mutually agreed upon. In the event the
County shall not exercise its right to purchase the
water slide, support structures, buildings and
other improvements within the 90 days period, the
Contractor shall remove the same within 120 days
after the expiration of such period and restore the
Premises to its original condition during the same
time frame.
In the event of a termination for any reason provided for
herein, and the Contractor does not remove the water slide,
supporting structures, buildings and other improvements placed upon
the Premises by the Contractor within the time frames set forth
herein, the County may at its option, (1) on the payment of one
dollar ($1.00) take title to said property; or (2) dismantle,
remove and store such property at a location convenient to the
County and charge to the Contractor a fee for dismantling,
removing, transporting and storing said property.
SECTION 11: SWIMMING POOL
It is understood by the Parties that the County's decision to
keep Valley Mission Park Swimming Pool open or the alternative to
close the pool shall not have any bearing whatsoever with the
Contractor's obligation to carry out all terms, conditions and
convents set forth herein.
SECTION 12: CONCESSIONS
The Contractor will be granted a concession right to sell such
food items as soft drinks and hot dogs. The Contractor shall pay
the County 10% of gross concession receipts. The exact scope of
Contractor's concession sales shall be negotiated and mutually
agreed upon. The fee shall be paid as set forth in Section 5 of
this Agreement.
SECTION 13: WASTE AND NUISANCE PROHIBITED
During the term of this Agreement, Contractor shall comply
with all applicable laws affecting the Premises, the breach of
which might result in any penalty on the County or forfeiture of
the County's title to the Premises. Contractor shall not commit,
or suffer to be committed any waste on the Premises, or nuisance.
SECTION 14: SEWERS
In the event that Valley Mission Park or Mission Avenue
becomes served by sewer, the Parties agree to the following
allocation of costs:
(1) Assessment - Paid by County.
(2) GFC Charges - Contractor shall be responsible for paying
the GFC charges allocable to Contractor's use of the Premises
pursuant to this Agreement. Contractor will pay all construction
costs incurred to connect the Contractor's facilities to the
nearest sewer lateral line installed to service the Valley Mission
Park. Contractor may at his own expense install an additional
water meter to measure the flow entering the sewered portion of the
Premises.
(3) Monthly Charges - The Contractor shall be required to pay
those monthly charges allocable to the Contractor's use of the
Premises as set forth in this Agreement.
SECTION 15: NOTICES
All notices, demands, or other writings in this Agreement
provided to be given or made or sent or which may be given, or made
or sent by either party hereto to the other, shall be deemed to
have been fully given or made or sent when made in writing and
deposited in the United States mail, certified, postage pre -paid
and return receipt requested, and addressed as follows:
To the County:
Board of County Commissioners Spokane County.
West 1116 Broadway
Spokane, Washington 99260
To Contractor:
Splash -Down Concessions, Inc.
E. 12727 Piper Rd.
Spokane, Washington 99207
PAGE - S
VOL. 1 .3 18 PABI 419
The address to which any notice, demand or any other writing
may be given or made or sent to.any party as above provided may be
changed by written notice'given,by such party ad above provided.
SECTION 16: ATTORNEY'S FEES
If any action at law or in equity shall be brought to enforce
the provisions of this lease or to enforce or interpret any of the
covenants, terms, or conditions of this lease, or for the recovery
of the possession of the Premises, the prevailing party shall be
entitled to recover from the other party as part of the prevailing
party's cost, reasonable attorney's fees, the amount of which shall
be fixed by the court and shall be made a part of any judgment or
decree rendered.
SECTION 17: REPAIRS
Contractor shall, throughout the term of this Agreement, at
its own cost, and without any expense to the County, keep and
maintain the Premises, including ALL buildings and improvements of
every kind which may be a part thereof, and all appurtenances
thereto, including sidewalks adjacent thereto, in good, sanitary
and neat order, condition and repair. The County shall not be
obligated to make any repairs, replacements, or renewals of any
kind, nature, or description, whatsoever to the Premises, or any
buildings or improvements thereon.
The Contractor shall control all rodents and other pests that
may be on or in the Premises during the term of this Agreement.
The Contractor shall provide trash and garbage receptacles and
have refuse removed from the Premises on a regular basis.
SECTION 18: INSOLVENCY OR BANKRUPTCY
If Contractor becomes insolvent, voluntarily or involuntarily
bankrupt, or if a receiver, assignee or other liquidating officers
appointed for the business of the Contractor, then the County may
terminate this Agreement.
SECTION 19: CONTRACTOR'S EMPLOYEES
Contractor shall ensure that each employee presents a neat and
clean appearance in person and in dress while on duty on the
Premises. The Contractor shall take immediate remedial action
which shall include termination in the event any of Contractor's
employees conduct themselves in an improper or inappropriate manner
while on duty.
SECTION 20• WARRANTIES OF TITLE AND OUIET ENJOYMENT
PAGE - 9
The County covenants that the County is seized of the real
property constructing the Premises in fee simply and has full right
to make this Agreement and-that the Contractor shall have quiet and
peaceable possession of the Premises during the-.term hereof.
SECTION 21: LIENS
Contractor shall keep the Premises fee and clear from all
mechanics' and materialmens' and other liens from work or labor
done, services performed, materials„ appliances, teams or power
contributed, used or furnished or to be used in or about the
Premises for or in connection with any operations of Contractor, or
any alteration, improvement, repairs, or additions which the
Contractor may make or permit or cause to be made, or any work or
construction by, for, or permitted by Contractor on or about the
Premises.
SECTION 22: COMPLIANCE WITH LEASEHOLD EXCISE TAX
Contractor hereby acknowledges that to the extent this
Agreement is subject to the "leasehold excise tax" as set forth by
the Revised Code of Washington, Chapter 82.29A as now or
hereinafter amended, the same shall promptly be paid by the
Contractor, in addition to the concession fees set forth in Section
5 and 12 of this Agreement.
Contractor agrees to promptly pay when due all taxes, rates,
charges and assessments, special or otherwise and public charges of
every kind and nature which may be lawfully imposed or assessed in
any way on the Contractor with reference to the Premises. The
Contractor further agrees to pay promptly when due all taxes
imposed on Contractor as a result of the services provided upon the
Premises including but not limited to all sales, business,
occupancy and use taxes.
Contractor shall also comply with and abide by all federal,
state, county, municipal and other governmental statues,
ordinances, laws and regulations affecting the Premises, the
operation and maintenance of the water slide thereon, the
improvements thereon, or any activity conducted on or in such
Premises.
SECTION 23: NON- LIABILITY OF COUNTY- -
THEFT. BURGLARY OR VANDALISM
The County shall not be liable in any manner for any loss,
injury or damage incurred by the Contractor from acts of theft,
burglary, or vandalism, committed by either identified or
unidentified parties. The Contractor shall be responsible for
providing, and all expenditures relating to, any security
precaution that Contractor deems necessary to protect the Premises
and all improvements thereon. Contractor shall be solely
PAGE - 10
;i
b
responsible for providing, and all expenditures relating to, any
safety and security precautions that the Contractor deems necessary
for the safety of the personnel, guests, employees, patrons, or
users of the Premises, or property of Contractor located on the
Premises. The Contractor shall implement security measures
sufficient to secure the Premises after hours and prevent
unauthorized use.
SECTION 24: INSPECTION
The Contractor shall make available to the County or its duly
authorized representative at any time from Monday through Friday,
during normal business hours, all records, books or, pertinent
information which the Contractor shall have kept in conjunction
with this Agreement and which the County may be required by law to
include or make part of auditing procedures or audit trails.
SECTION 25: RELATIONSHIP OF THE PARTIES
The Parties intend that an independent Contractor relationship
will be created by this Agreement. The County is interested in
only the results to be achieved, and the conduct and control of the
services will lie solely with the Contractor. The Contractor will
be solely and entirely responsible for its acts and the acts of its
agents, employees, servants, sub - contractors or otherwise during
the performance of this Agreement.
In the performance of the services herein contemplated, the
Contractor is an independent contractor with the authority to
control and direct the performance of the details of the work and
provisions of the services, the County being interested only in the
results obtained. However, the services contemplated herein must
meet the approval of the County and shall be subject to the
County's general right of inspection and supervision for the
purpose of determining whether the services are being performed in
accordance with the specifications set forth herein.
No agency, employment or partnership is created by this
Agreement. Contractor's business is separate and apart from that
conducted by the County. Neither party will have authority to act
for the other in any matter or to create obligations binding on the
other, and neither party will be responsible for any obligations or
expenses whatsoever of the other party.
SECTION 26: VENUE STIPULATION
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 thereto 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
PAGE - 11
Agreement or any provision hereof shall be instituted and
maintained only in any of the Courts of competent jurisdiction in
Spokane County, Washington.
SECTION 27: ASSIGNMENT
Each party to this Agreement binds themselves, their partners,
successors, executors, administrators, and assigns to the other
party of this Agreement and to the party's successors, executors,
administrators and assigns of each other party with respect to all
terms, conditions and covenants set forth herein. The Contractor
may not assign, transfer in whole or in part its interest in this
Agreement without the same being first authorized by resolution of
the Board of County Commissioners of Spokane County and the consent
in writing of at least two members of the Board of County
Commissioners of Spokane County. In the event of an assignment the
assignee shall assume all liability of the assignor. Any
unauthorized voluntary or involuntary assignment or sub -lease shall
be void, and shall terminate this lease at the County's option.
SECTION 28: WAIVER
No officer, employee, agent or otherwise of the County has the
power, right or authority to waive any of the conditions or
provisions of this Agreement. The waiver of any breach of this
Agreement shall not be held to be a waiver of any other or
subsequent breach. All remedies afforded in this Agreement or at
law shall be taken and construed as cumulative, that is, in
addition to every other remedy provided herein or by law. The
failure of the County to enforce at any time any of the provisions
of this Agreement or to require at any time performance by the
Contractor of any of the provisions hereof, shall be in no way
construed to be a waiver of such provisions, nor any way affect the
validity of this Agreement or any part hereof or the right of the
County to thereafter enforce each and every such provision.
SECTION 29: MODIFICATION
There shall be no modification of this Agreement, except in
writing, executed with the same formalities of this present
instrument.
SECTION 30: SEVERABILITY
It is understood and agreed by the Parties that if any part,
term or provision of this Agreement is held by the court to be
illegal, the validity of the remaining portions or provisions shall
not be affected, and the rights and obligations of the Parties
shall be construed and enforced as if this Agreement- did not
contain a particular part, term or provision held to be invalid.
If it should appear that any part, term or provision hereof is
PAGE - 12
is conflict with any statutory provisions of Washington, then the
part, term, or provision hereof which may conflict therewith shall
be deemed inoperative and null and void insofar as it may be in
conflict therewith, and shall be deemed to modif}i to conform to
such statutory provisions.
SECTION 31: CONSTRUCTION
Words according to singular_ may be applied to the plural. of
persons and things and words importing the plural may be applied to
the singular.
"Herein" used in any section of this Agreement relates to the
whole Agreement and not to that section only.
"Board of County Commissioners" used in any section of this
Agreement refers to the Board of County Commissioners of Spokane
County.
SECTION 32: LAND USE ACTION
The Contractor shall comply with all provisions of the
Findings and Order In the Matter of Reviewing the Administrative
Action of the Spokane County Zoning Adjuster Decision to Approve
Conditional Use Person No. CUE -5 -83; Splash -Down Inc., dated May
16, 1983.
SECTION 33: HEADINGS
The section headings appearing in this Agreement have been
inserted solely for the purpose of convenient 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
are pertaining.
SECTION 34: TIME OF THE ESSENCE
Time is of the essence of each and every provision herein.
SECTION 35: ALL WRITING CONTAINED HEREIN
This Agreement contains all the terms and conditions agreed
upon by 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.
The Contractor has read and understands the whole of the above
Agreement and now states that no representation, promise or
Agreement not expressed in this Agreement has been made to induce
the Contractor to enter it.
PAGE - 13
IN WITNESS WHEREOF, the Parties have caused this Agreement to
be executed on the date and year set forth above.
A&ero
WDONAHUE,
C he Board
puty Clerk
STATE OF WASHINGTON
ss
County of Spokane )
BOARD OF COUNTY,COMMISSIONERS
OF SPOKANE COUNTY, WASHINGTON
On this day of 1992, before me, the
undersigned, a Notary Public in and for the State of Washington,
duly commissioned and sworn, personally appeared JOHN R. McBRIDE,
PATRICIA A. MUMMEY and STEVE HASSON, to me known to be the
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 they were authorized to execute said
instrument, and that the seal affixed is the seal of said County.
IN WITNESS .WHEREOF, I have hereunto set my hand and af:fi.xed my
seal the day and year first above written.
T. 74 MAJLA
S101V• �F'. N tary Public in and for the
.�.y State of Washington, residing
o NOTARY 9� ; at Spokane. My-commission ex-
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M
N PUBLIC : Z
��>`•'gY20 ,9S� A0�♦� SPLASH -DOWN CONCESSIONS, INC.
WAS •` ►•
(title)
'TATE OF WASHINGTON
J ss
County of Spokane )
On'' this day personally appeared before me , /!�cui h L)[rl %;x�r,,; to
me known to be the individuals) described in and who executed the
within and foregoing instrument, and acknowledged that he /she /they
signed the same as his /her /their free and voluntary act and deed,
for the uses and purposes therein mentioned.
GIVEN under my hand and official seal this / day of
t,.Cc 1992.
V�
Notary Public In and for the
State of Washington, residing
at Spokane. My commission ex-
pires 6- If; _e)
PAGE - 15
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