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2013, 03-12 Regular Meeting AGENDA SPOKANE VALLEY CITY COUNCIL REGULAR MEETING FORMAL FORMAT MEETING Tuesday,March 12,2013 6:00 p.m. Spokane Valley City Hall Council Chambers 11707 E Sprague Avenue Council Requests Please Silence Your Cell Phones During Council Meeting CALL TO ORDER: INVOCATION: Pastor Darrell Cole,Living Hope Community Church PLEDGE OF ALLEGIANCE: ROLL CALL: APPROVAL OF AGENDA: INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS: COMMITTEE,BOARD,LIAISON SUMMARY REPORTS: MAYOR'S REPORT: PUBLIC COMMENTS: This is an opportunity for the public to speak on any subject except those on this agenda as action items. (Action items include public hearings, and those items under NEW BUSINESS. Public Comments will be taken on those items at the time those items are discussed.) When you come to the podium, please state your name and address for the record and limit remarks to three minutes. 1. PUBLIC HEARING: Draft Amended 2013 Transportation Improvement Plan(TIP)—Steve Worley 2. CONSENT AGENDA: Consists of items considered routine which are approved as a group. Any member of Council may ask that an item be removed from the Consent Agenda to be considered separately. a.Approval of the following claim vouchers: VOUCHER LIST DATE VOUCHER NUMBERS; TOTAL AMOUNT 02/15/2013 28350-28370 $76,620.40 02/25/2013 28371-28428 $365,035.850 02/21/2013 4228-4232; 28429 $66,793.79 02/21/2013 28430-28448 $49,706.69 02/28/2013 28449-28499; 228130021 $1,809,340.93 03/04/2013 5547-5549 $314.00 03/06/2013 4245-4248;4261; 28500-28504 $239,748.70 GRAND TOTAL $2,607,560.36 b.Approval of Payroll for period February 15,2013: $281,909.13 c. Approval of February 19,2013 Council Study Session Meeting Minutes d. Approval of State Purchasing Interlocal Agreement e. Approval of March 5,2013 Council Study Session Meeting Minutes Council Agenda 03-12-13 Formal Format Meeting Page 1 of 2 NEW BUSINESS: 3. Proposed Resolution 13-001: Acceptance of Shoreline Master Program Public Access Plan— Lori Barlow [public comment] 4.Motion Consideration: CMAQ/TA Grant Projects—Steve Worley [public comment] 5. Motion Consideration: Bid Award, Sullivan Rd Street Preservation—Steve Worley [public comment] 6.Motion Consideration: City Hall Lease Extension—Mark Calhoun [public comment] 7.Mayoral Appointments: Committee Appointments for Councilmember Higgins—Mayor Towey [public comment] 8.Mayoral Appointments: Appointment of Planning Commissioner—Mayor Towey [public comment] PUBLIC COMMENTS: This is an opportunity for the public to speak on any subject except those on this agenda as action items. (Action items include public hearings, and those items under NEW BUSINESS. Public Comments will be taken on those items at the time those items are discussed.)When you come to the podium, please state your name and address for the record and limit remarks to three minutes. ADMINISTRATIVE REPORTS: 9.Update on Initiative 502 (marijuana)Implementation—Erik Lamb 10.Advance Agenda—Mayor Towey INFORMATION ONLY(will not be reported or discussed): 11. Public Defender Caseload CITY MANAGER COMMENTS ADJOURNMENT General Meeting Schedule(meeting schedule is always subject to change) Regular Council meetings are generally held every Tuesday beginning at 6:00 p.m. The Formal meeting formats are generally held the 2nd and 4th Tuesdays. Formal meeting have time allocated for general public comments as well as comments after each action item. The Study Session formats(the less formal meeting)are generally held the 1St,3rd and 5th Tuesdays. Study Session formats DO NOT have time allocated for general public comments; but if action items are included, comments are permitted after those specific action items.NOTICE: Individuals planning to attend the meeting who require special assistance to accommodate physical, hearing, or other impairments, please contact the City Clerk at (509)921-1000 as soon as possible so that arrangements may be made. Council Agenda 03-12-13 Formal Format Meeting Page 2 of 2 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: March 12, 2013 Department Director Approval: Check all that apply: ❑ consent ❑ old business ❑ new business ® public hearing ❑ information ❑ admin. Report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: PUBLIC HEARING: Draft Amended 2013 Transportation Improvement Program (TIP) GOVERNING LEGISLATION: RCW 35.77.010 PREVIOUS COUNCIL ACTION TAKEN: Adopted the 2013-2018 Six Year TIP on June 26, 2012, Resolution #12-003; Approved on July 10, 2012 a list of projects for federal grant applications through SRTC; Approved list of projects for the Community Development Block Grant (CDBG) applications on October 23, 2012; Approved list of projects for the Highway Safety Improvement Program (HSIP) grant applications on August 9th, 2011. Info RCA in Council's February 19, 2013 packet. BACKGROUND: Council adopted the 2013-2018 TIP based upon information staff had at that time relative to available funds and how these funds could be utilized for transportation projects. Since the adoption of the 2013-2018 TIP, staff submitted applications for federal STP Call for Projects and a Community Development Block Grant (CDBG) for the following projects that were selected for funding: • Adams St Resurfacing - Sprague to 4th Ave (CDBG) • Pines (SR-27) / Grace Intersection Safety Project (HSIP) • Citywide Safety Improvements (HSIP) (Bike and Pedestrian safety upgrades) • Argonne-Mullan Safety Project— Indiana to Broadway (HSIP) (Signal, Bike upgrades) • Argonne Corridor Safety Project— Empire to Knox (HSIP) (Signal, Bike upgrades) • Argonne Rd Resurfacing Project— Sprague to Broadway (STP(U)) • Sprague Ave Resurfacing Project— Herald to University (STP(U)) • Sprague Ave Curb Ramp ADA Improvements — Fancher to Havana (CDBG, Only ADA ramp portion of street resurfacing project was funded) Additional proposed changes identified in the Amended 2013 TIP include the following: Removed projects: • Sidewalk & Transit Stop Accessibility • Park Road Project 2 (RW/CN Only) — Broadway to Indiana • Park Road #1 Sidewalk Project - Sinto Ave - Indiana Ave • Park Road #2 Sidewalk Project— Marietta to Buckeye Carryover projects from 2012: • Pines/Mansfield (Railroad Crossing Improvements) • Pines Corridor ITS • Sprague/Sullivan ITS • Sullivan/Euclid PCC Intersection • Broadway @ Argonne/Mullan PCC Intersections • Sullivan Bridge Drain Retrofit • Sprague Ave Swale Project Other projects approved by Council: • 2013 Street Preservation Project Based on this information, it is recommended that the 2013 TIP be amended to reflect the deletion of the projects that did not receive funding, include those projects that were not completed in 2012 and have carried over to the 2013 construction season, and those projects added to the 2013 construction season. The proposed changes are shown in the attached Draft Amended 2013 TIP. Adoption of the Amended 2013 TIP is currently scheduled for March 26, 2013. OPTIONS: Conduct Public Hearing RECOMMENDED ACTION OR MOTION: Conduct Public Hearing BUDGET/FINANCIAL IMPACTS: The projects costs shown in the draft Amended 2013 TIP are preliminary and may be adjusted prior to adoption to reflect 2012 year-end adjustments. There are sufficient capital project funds to cover the local match for these projects. STAFF CONTACT: Steve Worley, Senior Capital Projects Engineer Eric Guth, Public Works Director ATTACHMENTS: Draft Amended 2013 TIP City of Spokane Valley Department of Public Works Adopted 2013 Transportation Improvement Program Primary City Total 2013 Proj.# Project From To Source Amount Project Costs 1 0060 Argonne Road Corridor Improvements 1-90 Trent CMAQ $ 120,000 $ 882,000 2 0123 Mission Ave Improvement Project(PE/RW Only) Flora Barker STP(U) $ 89,000 $ 659,000 3 0149 Sidewalk Infill Project Various locations CMAQ $ 65,000 $ 324,000 4 0155 Sullivan West Bridge#4508 Sullivan @Spokane River BR $ 242,000 $ 1,208,000 5 0146 24th Avenue Sidewalk Project Adams Sullivan TIB-USP $ 132,000 $ 258,000 6 0156 Mansfield Ave Connection Project(PE/RW Only) Pines(SR 27) Houk St. CMAQ $ 61,000 $ 1,541,000 7 0154 Sidewalk&Transit Stop Accessibility Various locations FTA $ 22,000 $ 111,000 8 0145 Spokane Valley-Millwood Trail(PE Only) SCC Valley Mall STP(E) $ - $ 559,000 9 Sullivan Rd/UPRR Overpass Bridge Resurfacing Sullivan @UPRR Overpass BR $ 92,000 $ 461,000 10 0159 University Rd/l-90 Overpass Study University 1-90 CMAQ $ 26,000 $ 188,000 11 0168 Wellesley Ave/Adams Rd. Sidewalk project Sullivan/Trent Isenhart/Wellesley SRTS $ 2,000 $ 570,000 12 0069 Park Road Project 2(RW/CN Only) Broadway Indiana STP(U) $ 20,000 $ 150,000 13 Park Road#1 Sidewalk Project Sinto Ave Indiana Ave SRTS $ 2,000 $ 49,000 14 Park Road#2 Sidewalk Project Marietta Buckeye SRTS $ 1,000 $ 23,000 15 Sprague Avenue Resurfacing Project Fancher Dollar STP(U) $ 249,000 $ 249,000 16 Sprague Avenue Resurfacing Project(EB Lanes) Havana Fancher STP(U) $ 500,000 $ 500,000 17 Sullivan/Euclid Concrete Intersection(RW/CN) Sullivan Euclid STP(U) $ 211,000 $ 1,562,000 18 0177 Sullivan Road Corridor Traffic Study 1-90 Wellesley STP(U) $ 27,000 $ 200,000 $ 1,861,000 $ 9,494,000 Funded Projects Added Projects Planned Projects City of Spokane Valley Department of Public Works DRAFT-AMENDED 2013 Transportation Improvement Program Resolution 13-_,( ,2013) Primary City Total 2013 Proj.# Project From To Source Amount Project Costs 1 0005 Pines/Mansfield Montgomery Pines(SR-27) City-303 $ 463,000 $ 463,000 2 0060 Argonne Road Corridor Improvements 1-90 Trent CMAQ $ 120,000 $ 882,000 3 0061 Pines Corridor ITS Sprague Trent CMAQ $ 376,340 $ 1,881,700 4 0123 Mission Ave Improvement Project(PE/RW Only) Flora Barker STP(U) $ 69,900 $ 514,900 5 0133 Sprague/Sullivan ITS Sprague Sullivan/l-90 CMAQ $ 58,950 $ 294,750 6 0141 Sullivan/Euclid PCC Intersection(PE/RW only) Sullivan Euclid STP(U) $ 19,150 $ 142,000 7 0142 Broadway @ Argonne/Mullan PCC Intersections(PE/RW only) Broadway @Argonne/Mullan STP(U) $ 31,580 $ 233,950 8 0145 Spokane Valley-Millwood Trail(PE Only) SCC Valley Mall STP(E) $ - $ 559,000 9 0146 24th Avenue Sidewalk Project Adams Sullivan TIB-USP $ 128,000 $ 250,000 10 0149 Sidewalk Infill Project Various locations CMAQ $ 150,000 $ 425,250 11 0150 Sullivan Bridge Drain Retrofit Sullivan Bridge southbound DOE $ 71,950 $ 287,800 12 0155 Sullivan West Bridge#4508 Sullivan @Spokane River BR $ 168,000 $ 840,000 13 0156 Mansfield Ave Connection Project Pines(SR 27) Houk St. CMAQ $ 137,190 $ 1,960,000 14 0159 University Rd/l-90 Overpass Study University 1-90 CMAQ $ 33,700 $ 249,700 15 0163 Sprague Ave Swale Upgrade Park Rd. 1-90 DOE $ 142,000 $ 379,200 16 0166 Pines(SR-27)/Grace Intersection Safety Project Pines(SR 27)@ Grace Ave HSIP $ - $ 100,200 17 0167 Citywide Safety Improvements(Bike/Ped.) Various locations HSIP $ 42,170 $ 47,170 18 0168 Wellesley Ave/Adams Rd. Sidewalk project Sullivan/Trent Isenhart/Wellesley SRTS $ 2,000 $ 570,000 19 0169 Argonne-Mullan Safety Project(Signal/Bike Upgrades) Indiana Broadway HSIP $ - $ 9,720 20 0170 Argonne Rd Corridor Safety Project(Signal/Bike Upgrades) Empire Knox HSIP $ - $ 15,710 21 0171 Sprague Avenue Curb Ramp ADA Improvements Fancher Havana CDBG $ 13,890 $ 129,300 22 0174 2013 Street Preservation Project Various locations City $ 1,862,400 $ 1,862,400 23 -Argonne Rd Resurfacing Project Sprague Broadway STP(U) $ 49,275 $ 365,000 24 -Sprague Avenue Resurfacing Project Fancher Thierman STP(U) $ 48,600 $ 360,000 25 -Sprague Avenue Resurfacing Project Herald University STP(U) $ 56,025 $ 415,000 26 -Sprague Avenue Resurfacing Project(EB Lanes) Havana Fancher STP(U) $ 83,700 $ 620,000 27 0175 Sullivan Rd/UPRR Overpass Bridge Resurfacing Sullivan @UPRR Overpass BR $ - $ 286,140 28 0176 Appleway Trail University Evergreen City-303 $ 150,000 $ 150,000 29 0177 Sullivan Road Corridor Traffic Study 1-90 Wellesley STP(U) $ 27,000 $ 200,000 $ 4,304,820 $ 14,493,890 Projects and timeframes identified in the TIP are to be considered estimates only that may change due to a variety of circumstances,and are not intended by the City to be relied upon by property owners or developers in making development decisions. Funded Projects Added Projects 2012 Carry Over Projects P:\Public Works\Capital Projects\CIP-TIP Funding\2013-2018 TIP\Amended 2013 TIP\Amended 2013 TIP.xlsx 2/11/2013 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: March 12, 2013 Department Director Approval: Z Check all that apply: consent ❑ old business [' new business ❑ public hearing AGENDA ITEM TITLE: Approval of the Following Vouchers: VOUCHER LIST DATE VOUCHER NUMBERS; TOTAL AMOUNT 02/15/2013 28350-28370 $76,620.40 02/25/2013 28371-28428 $365,035.850 02/21/2013 4228-4232; 28429 $66,793.79 02/21/2013 28430-28448 $49,706.69 02/28/2013 28449-28499; 228130021 $1,809,340.93 03/04/2013 5547-5549 $314.00 03/06/2013 4245-4248; 4261; 28500-28504 $239,748.70 GRAND TOTAL $2,607,560.36 Explanation of Fund Numbers found on Voucher Lists #001 - General Fund Other Funds 001,011.000.511 City Council 101 —Street Fund 001.013.000.513. City Manager 103 —Paths &Trails 001.013.015.515. Legal 105—Hotel/Motel Tax 001.016.000. Public Safety 120—CenterPlace Operating Reserve 001.018.013.513. Deputy City Manager 121 —Service Level Stabilization Reserve 001.018,014.514. Finance 122—Winter Weather Reserve 001.018.016.518. Human Resources 123 —Civic Facilities Replacement 001.032.000. Public Works 204—Debt Service 001.058.050.559. Comm. Develop.-Administration 301 —Capital Projects(1St'A%REET) 001,058.055.559. Comm. Develop.—Develop.Eng. 302—Special Capital Proj (2" '/%a REET) 001.058.056.558, Community Develop.-Planning 303 —Street Capital Projects 001.058.057.558. Community Develop.-Building 304—Mirabeau Point Project 001.076.000.576. Parks &Rec—Administration 307—Capital Grants 001.076.300.576. Parks &Rec-Maintenance 309—Parks Capital Grants 001.076.301.571. Parks &Rec-Recreation 310—Civic Bldg Capital Projects 001.076.302.576, Parks &Rec-Aquatics 311 —Pavement Preservation 001.076.304.575. Parks &Rec- Senior Center 312—Capital Reserve 001,076.305,571. Parks &Rec-CenterPlace 402--Storinnvater Management 001.090.000.511. General Gov't-Council related 403 —Aquifer Protection Area 001.090.000.514. General Gov't-Finance related 501 --Equipment Rental&Replacement 001.090.000.517. General Gov't-Employee supply 502—Risk Management 001.090.000.518. General Gov't-Centralized Services 001.090.000.519. General Gov't-Other Services 001.090.000.540. General Gov't-Transportation 001.090.000.550, General Gov't-Natural&Economic 001.090.000.560. General Gov't-Social Services 001.090.000.594. General Gov't-Capital Outlay 001.090.000.595. General Gov't-Pavement Preservation RECOMMENDED ACTION OR MOTION: Approve claims for vouchers as listed above. STAFF CONTACT: Mark Calhoun, Finance Director; ATTACHMENTS: Voucher Lists vchlist Voucher List Page: 1 02115/20/3 12:50:49PM Spokane Valley Bank code: apbank Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 28350 2/15/2013 001081 ALSCO LSP01261497 001.016.000.521 FLOOR MATS: PRECINCT 20.70 LSPO1267700 001.016.000.521 FLOOR MATS: PRECINCT 20.39 Total : 41.09 28351 2/15/2013 000334 ARGUS JANITORIAL LLC 1NV008399 001.016.000.521 PRECINCT JANITORIAL SERVICE:. 2,386.87 Total : 2,386.87 28352 2/15/2013 000918 BLUE RIBBON LINEN SUPPLY INC 9403577 001.076.305.575 LINEN SUPPLY AND SERVICE AT C 39.07 9405621 001.076.305.575 LINEN SUPPLY AND SERVICE AT C 40.75 S0047301 001.076.305.575 LINEN SUPPLY AND SERVICE AT C 27.31 S0047503 001.076.305.575 LINEN SUPPLY AND SERVICE AT C 219.39 S0047657 001.076.305.575 LINEN SUPPLY AND SERVICE AT C 174.07 Total : 500.59 28353 2/15/2013 000109 COFFEE SYSTEMS INC 3820:005145 001.076.305.575 COFFEE SUPPLIES:CENTERPLAC 44.00 Total : 44.00 28354 2/15/2013 000795 EARTHWORKS RECYCLING, INC. 30617 001.076.305.575 RECYCLING COLLECTION:CP 42.50 Total : 42.50 28355 2/15/2013 002308 FINKE, MELISSA Jan 2013 001.076.301.571 INSTRUCTOR PAYMENT 1,067.00 January 2013 001.076.301.571 INSTRUCTOR PAYMENT 405.00 Total : 1,472.00 28356 2/15/2013 002712 GTFX INC. 25844 001.076.305.575 SERVICE GREASE TRAP 109.79 Total : 109.79 28357 2/15/2013 003241 HOME DEPOT January 2013 001.076.305.575 SUPPLIES FOR CENTERPLACE 101.23 Total : 101.23 28358 2/15/2013 000388 IRVIN WATER DIST.#6 Jan 2013 001.076.300.576 UTILITIES: PARKS 166.00 Total : 166.00 28359 2/15/2013 001944 LANCER LTD 0434095 001.076.305.575 BUSINESS CARDS: CENTERPLACE 88.05 0434125 001.076.305.575 CENTERPLACE WEDDING BROCH 325.02 Total : 413.07 Page: 1 vchlist Voucher List Page: 2 02/15/2013 12:50:49PM Spokane Valley Bank code: apbank Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 28360 2/15/2013 000472 LAWTON PRINTING 90022502 001.090.000.558 2013 CHAMBER DIRECTORY AD 1,295.00 Total : 1,295.00 28361 2/15/2013 000132 MODERN ELECTRIC WATER CO January 2013 001.076.302.576 UTILITIES: PARKS 1,407.62 Total : 1,407.62 28362 2/15/2013 003293 NORTHERN TERRITORY, CONSTRUCT!{Jan 2,2013 001.016.000.521 PRECINCT AWNING REPLACEMEN 4,674.23 Total : 4,674.23 28363 2/15/2013 002921 PARKER PAINT MFG. CO. INC. 954057019916 001.076.305.575 SUPPLIES FOR CENTERPLACE 303.12 Total : 303.12 28364 2/15/2013 000119 PLESE PRINTING 1330052813 001.076.302.576 SWIMMING LESSON REGISTRATIC 694.76 Total : 694.76 28365 2/15/2013 000709 SENSKE LAWN&TREE CARE INC. 4536656 001.076.300.576 CONTRACT MAINT PARKS:JAN 20' 57,482.94 5342715 001.016.000.521 SNOW REMOVAL: PRECINCT 652.20 5347493 001.016.000.521 SNOW REMOVAL AND DEICE: PRE 815.26 5347494 001.076.300.576 SNOW REMOVAL FOR E APPLEWA 73.92 5347495 001.076.300.576 SNOW REMOVAL SPRAGUEMERA 69.57 53480/16 001.016.000.521 MONTHLY PEST CONTROL: PRECII 78.21 Total : 59,172.10 28366 2/15/2013 000773 STUDIO CASCADE, INC. 1793 001.076.000.576 PLANNING SUPPORT SERVICES 2,200.00 Total : 2,200.00 28367 2/15/2013 001472 TESTAMERICA LAB 59006367 001.076.300.576 ENVIRONMENTAL TESTING: PARK: 27.00 Total : 27.00 28368 2/15/2013 002576 TUNE TALES MUSIC, INC Jan 2013 001.076.301.571 INSTRUCTOR PAYMENT 468.00 Total : 468.00 28369 2115/2013 000038 WASTE MANAGEMENT OF SPOKANE 0688413-2681-7 001.076.305.575 WASTE MGMT: CENTERPLACE 774.55 1688414-2681-5 001.016.000.521 WASTE MANAGEMENT: PRECINCT 296.88 Total : 1,071.43 28370 2/15/2013 001409 WORLD CLASS COMMUNICATIONS 130111173101 001.076.305.575 ANSWERING SERVICE CENTERPL 30.00 Page: 2 vchlist Voucher List Page: 3 0211512013 12:50:49PM Spokane Valley Bank code: apbank Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 28370 2/15/2013 001409 001409 WORLD CLASS COMMUNICATIONS (Continued) Total : 30.00 21 Vouchers for bank code: apbank Bank total : 76,620.40 21 Vouchers in this report Total vouchers: 76,620.40 I,the undersigned,do certify under penalty of perjury, that the materials have been furnished,the services rendered,or the labor performed as described herein and that the claim is just,due and an unpaid obligation against the City of Spokane Valley,and that I am authorized to authenticate and certify said claim. Finance Director Date Mayor Date Council Member Date Page: 3 vchlist Voucher List Page: 1 02/1512013 1:39:04PM Spokane Valley Bank code: apbank Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 28371 2/15/2013 002931 ALL-WESTERN INDUSTRIAL SUPPLY 95106 101.000.000.542 SUPPLIES: PW 263.11 Total : 263.11 28372 2/15/2013 002650 BERGAN, MIKE EXPENSE 101.000.000.542 EXPENSE REIMBURSEMENT 68.46 Total : 68.46 28373 2/15/2013 003289 BMC SOFTWARE INC U1141387 001.090.000.518 SOFTWARE MAINTENANCE 3,295.78 Total : 3,295/8 28374 2/15/2013 000904 BRANCH, CAROLBELLE EXPENSE 001.018.016.518 EXPENSE REIMBURSEMENT:JAN 42.01 Total : 42.01 28375 2/15/2013 002517 BROWN BEARING CO INC 5065893 101.042.000.542 SUPPLIES: PW 20.40 5070605 101.042.000.542 SUPPLIES: PW 17.02 Total : 37.42 28376 2/15/2013 002562 CD'A METALS 554251 101.000.000.542 SUPPLIES: PW 49.73 559107 101,000.000.542 SUPPLIES: PW 24.46 Total : 74.19 28377 2/15/2013 000101 CDW-G W965191 001.058.057.558 SUPPLIES: IT 55.28 W966752 001.058.057.558 SUPPLIES: IT 30.40 X272868 001.090.000.518 COMPUTER SUPPLIES: IT 107.28 X468909 001.076.305.575 SUPPLIES: IT 67.31 X499418 001.090.000.518 APPLE IPADS FOR COUNCIL 4,784.08 Total : 5,044.35 28378 2/15/2013 000863 CENTURY WEST ENG CORP 233472 101.042.000.542 2013 TIP SERVICES 6,096.22 Total : 6,096.22 28379 2/15/2013 000729 CH2MHILL INC 3849770 303.303.155.595 0155-SULLIVAN RD W BRIDGE SL 128,849.60 Total : 128,849.60 28380 2/15/2013 002572 CINTAS CORPORATOIN 606743765 101.000.000.542 SUPPLIES: PW 122.74 606744710 101.000.000.542 SUPPLIES: PW 138.51 606745219 101.042.000.543 CLEANING SERVICES: MAINT SHO 160.53 606745664 101.000.000.542 SUPPLIES: PW 122.74 Page: 1 vchlist Voucher List Page: 2 02//512013 1:39:04PM Spokane Valley Bank code : apbank Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 28380 2/15/2013 002572 CINTAS CORPORATOIN (Continued) 606746611 101.000_000.542 SUPPLIES: PW 122.74 606747127 101.042.000.543 CLEANING SERVICES MAINT SHOT 187.70 606747568 101.000.000.542 SUPPLIES: PW 230.30 Total : '1,085.26 28381 2/15/2013 000143 CITY OF SPOKANE JANUARY 2013 101.042.000.542 TRANSFER STATION 0.65 Total : 0.65 28382 2/15/2013 000508 CONOCOPHILLIPS FLEET 31933088 001.058.057.558 JANUARY 2013: FLEET FUEL BILL 1,483.54 Total : 1,483.54 28383 2/15/2013 000326 CONSOLIDATED IRRIGATION#19 9533.0 303.303.155.595 SULLIVAN BRIDGE PIPELINE FLOV 589.00 Total : 589.00 28384 2/15/2013 002920 DIRECTV, INC 19733865055 101.042.000.543 CABLE SERVICE FOR MAINT SHOE 42.99 Total : 42.99 28385 2/15/2013 002213 ED KA MANUFACTURING INC. 11311 101.000.000.542 SUPPLIES: PW 3,665.20 Total : 3,665.20 28386 2/15/2013 002157 ELJAY OIL COMPANY 4206344 101.000.000.542 OIL PRODUCTS FOR MAINT SHOP 8,887.63 Total : 8,887.63 28387 2/15/2013 000746 EMPLOYMENT SECURITY DEPT 217156-00 2 502.502.000.517 4TH QTR 2012 1,542.34 Total : 1,542.34 28388 2/15/2013 002255 ENTERPRISE INFO SOLUTIONS INC. 103861 101.000.000.542 ANNUAL SUBSCRIPTION/HOSTING 11,290.00 Total : 11,290.00 28389 2/15/2013 001557 EWU 103-300 303.303.156.595 MANSFIELD AVE CONNECTOR SUF 2,886.46 Total : 2,886.46 28390 2/15/2013 001232 FASTENAL CO 1DLEW87239 101.042.000.542 SUPPLIES: PW 30.56 Total : 30.56 28391 2/15/2013 003261 FEHR& PEERS 85302 303.303.159.595 0159-UNIVERSITY ROAD OVERPP 10,111.66 Page: 2 vchlist Voucher List Page: 3 02/1512013 1:39:04PM Spokane Valley Bank code : apbank Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 28391 2115/2013 003261 003261 FEHR&PEERS (Continued) Total : 10,111.66 28392 2/15/2013 001447 FREE PRESS PUBLISHING INC 39085 303.000.177.595 LEGAL PUBLICATION 113.60 39171 001.058.056.558 LEGAL PUBLICATION 107.20 39173 001.013.000.513 LEGAL PUBLICATION 36.55 39174 001.058.056.558 LEGAL PUBLICATION 88.40 Total : 345.75 28393 2/15/2013 002992 FREEDOM TRUCK CENTERS PC001119627:01 101.000.000.542 SUPPLIES: PW 31.73 Total : 31.73 28394 2/1512013 000007 GRAINGER 9058432106 101.042.000.542 SUPPLIES: PW 77.87 Total : 77.87 28395 2/15/2013 003177 GUTH, ERIC EXPENSE 001.032.000.543 EXPENSE REIMBURSEMENT 39.55 Total : 39.55 28396 2/15/2013 000002 H& H BUSINESS SYSTEMS INC. 145331 001.090.000.519 TONER 84.78 247416 001.058.050.558 COPIER COST: CD 9.59 JANUARY 2013 001.058.057.558 COPIER COST 3,051.39 Total : 3,145.76 28397 2/15/2013 001728 HP FINANCIAL SERVICES CO JANUARY 2013-B 001.090.000.548 JANUARY 2013 LEASE PAYMENT 783.12 Total : 783.12 28398 2/15/2013 002520 HUSKY INTERNATIONAL TRUCKS 79455 101.000.000.542 SUPPLIES: PW 239.93 79872 101.000.000.542 SUPPLIES: PW 406.54 Total : 646.47 28399 2/15/2013 002538 HYDRAULICS PLUS, INC 16126 101.000.000.542 SUPPLIES:PW 260.00 Total : 260.00 28400 2/15/2013 002518 INLAND PACIFIC HOSE&FITINGS 486574 101.000.000.542 SUPPLIES: PW 552.74 Total : 552.74 28401 2/15/2013 002466 KENWORTH SALES 146083 101.000.000.542 SUPPLIES: PW 47.78 147168 101.000.000.542 SUPPLIES: PW 267.86 Page: 3 vchlist Voucher List Page: 4 021/5120/3 1:39:04PM Spokane Valley Bank code: apbank Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 28401 2/15/2013 002466 002466 KENWORTH SALES (Continued) Total : 315.64 28402 2/15/2013 001944 LANCER LTD 0434369 001.058.056.558 BUSINESS CARDS: CD 132.89 Total : 132.89 28403 2115/2013 002956 LELAND TRAILER AND EQUIPMENT 28049 101.000.000.542 SUPPLIES: PW 67.67 28050 101.000.000.542 SUPPLIES: PW 16.25 Total : 83.92 28404 2/15/2013 000931 MADSEN MITCHELL EVENSON,&CONR 2013-122 001.090.000.513 ARCHITECTURAL AND DESIGN 7,537.50 Total : 7,537.50 28405 2/15/2013 002259 MENKE JACKSON BEYER EHILS 439 001.013.015.515 PROFESSIONAL SERVICES 2,627.00 470 001.013.015.515 PROFESSIONAL SERVICES 2,324.74 Total : 4,951.74 28406 2115/2013 000258 MICROFLEX INC. 00021108 001.090.000.518 TAXTOOLS SOFTWARE RENTAL:st 343.83 Total : 343.83 28407 2/1512013 001035 NETWORK DESIGN&MANAGEMENT 22215 001.090.000.518 MESSAGE ARCHIVER RENEWAL 2,510.97 3685 001.090.000.518 MONTHLY SYSTEM MAINTENANCE 3,752.50 Total : 6,263.47 28408 2/15/2013 000008 NORLIFT 20055509 101.000.000.542 RENTAL ROLLING LADDER 538.07 Total : 538.07 28409 2/15/2013 000652 OFFICE DEPOT INC. 641917297001 001.058.057.558 SUPPLIES:CD 108.59 642037064001 001.032.000.543 OFFICE SUPPLIES: PW 19.54 642211047001 001.032.000.543 OFFICE SUPPLIES: PW 11.97 Total : 140.10 28410 2/15/2013 002243 ORBITCOM 00640841 001.090.000.518 ETHERNET: FEBRUARY 2013 590.00 Total : 590.00 28411 2/15/2013 000881 OXARC 06795SS 101.042.000.542 SUPPLIES: PW 309.43 8179856 101.000.000.542 SUPPLIES: PW 90.82 Total : 400.25 Page: 4 vchlist Voucher List Page: 5 02115/2013 1:39:04PM Spokane Valley Bank code: apbank Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 28412 2/15/2013 002578 REBUILDING&HARDFACING INC 46550 101.000.000.542 SUPPLIES: PW 1,295.70 Total : 1,295.70 28413 2/15/2013 002616 ROADWISE, INC 54746 101.000.000.542 SUPPLIES: PW 5,308.65 54764 101.000.000.542 SUPPLIES: PW 5,200.19 54765 101.000.000.542 SUPPLIES: PW 5,193.98 Total : 15,702.82 28414 2/15/2013 000235 SECURE SHRED 87577 001.090.000.518 DOCUMENT DESTRUTION 163.50 Total : 163.50 28415 2/15/2013 000709 SENSKE LAWN&TREE CARE INC. 5338864 101.042.000.542 EMERGENCY TRAFFIC CONTROL: 169.57 5347349 101.042.000.542 EMERGENCY TRAFFIC CONTROL 542.70 5352098 001.090.000.518 SNOW REMOVAL CITY HALL 152.18 5356963 001.090.000.518 SNOW REMOVAL FOR CITY HALL 141.31 Total : 1,005.76 28416 2/15/2013 002531 SIX ROBBLEES INC 5-660213 101.000.000.542 SUPPLIES: PW 39.65 5-660887 101.000.000.542 SUPPLIES: PW 62.04 5-660896 101.000.000.542 SUPPLIES: PW 84.00 Total : 185.69 28417 2115/2013 000779 SOUTHARD, BRAD JANUARY 2013 101.042.000.542 DEAD ANIMAL REMOVAL SERVICE 3,455.00 Total : 3,455.00 28418 2/15/2013 000230 SPOKANE CO AUDITORS OFFICE JANUARY 2013 001.058.056.558 RECORDING FEES 291.00 Total : 291.00 28419 2/15/2013 000090 SPOKANE CO INFO SYSTEMS 50309375 001.018.013.513 COUNTY IT SUPPORT 13,842.98 Total : 13,842.98 28420 2/15/2013 000862 SPOKANE ROCK PRODUCTS, INC. PAY APP 2 311.000.162.595 2012 STREET PRESERVATION PRC 87,793.67 Total : 87,793.67 28421 2/15/2013 000391 SPOKANE VALLEY FIRE DIST.#1 4TH QTR 2012 001.229.45.00 4TH QTR FIRE FEE AND ADJUSTMI 25,839.30 Total : 25,839.30 28422 2/15/2013 000065 STAPLES ADVANTAGE 3192071712 001.058.050.558 OFFICE SUPPLIES: CD 391.46 Page: 5 vchlist Voucher List Page: 6 02/1512013 1:39:04PM Spokane Valley Bank code: apbank Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 28422 2/15/2013 000065 STAPLES ADVANTAGE (Continued) 3192071713 001.058.050.558 OFFICE SUPPLIES:CD 19.23 3192071714 001.058.050.558 OFFICE SUPPLIES:CD 149.73 3192071715 001.058.050.558 OFFICE SUPPLIES:CD 43.87 3192071716 001.058.050.558 OFFICE SUPPLIES:CD 133.62 3192071717 001.058.050.558 OFFICE SUPPLIES:CD 101.29 Total : 839.20 28423 2/15/2013 002110 TARGET MEDIA N.W. PUBLISHING 60161571 001.090.010.513 SEEKING RECYCLED:ADVERTISEI 12.00 Total : 12.00 28424 2/15/2013 000335 TIRE-RAMA 8080021215 101.042.000.542 40201D:OIL CHANGE/BRAKES 445.39 Total : 445.39 28425 2/15/2013 000140 WALTS MAILING SERVICE 35835 402.402.000.531 BETTMAN-DICKEY PC 206.13 Total : 206.13 28426 2/15/2013 003294 WASHINGTON TOURISM ALLIANCE 545 105.000.000.557 MEMBERSHIP FOR VISIT WA GUID 500.00 Total : 500.00 28427 2/15/2013 000038 WASTE MANAGEMENT OF SPOKANE 1688415-2681-2 402.402.000.531 WASTE MGMT: MAINT FACILITY 180.24 Total : 180.24 28428 2/15/2013 000676 WEST 826564824 001.013.015.515 JANUARY SUBSCRIPTION CHARGI 710.64 Total : 710.64 58 Vouchers for bank code : apbank Bank total : 365,035.85 58 Vouchers in this report Total vouchers : 365,035.85 Page: 6 vchlist Voucher List Page: 1 02/21/2013 10:20:01AM Spokane Valley Bank code: apbank Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 4228 2/20/2013 000048 VANTAGE TRANSFER AGENTS,401A PLAN Ben48131 001.231.14.00 401A: Payment 27,990.94 Total: 27,990.94 4229 2/20/2013 000682 EFTPS Ben48133 001.231.11.00 FEDERAL TAXES: Payment 30,104.41 Total: 30,104.41 4230 2/20/2013 000145 VANTAGEPOINTTRANSFERAGENTS,457 PL./ Ben48135 001.231.18.00 457 DEFERRED COMPENSATION: Payr 6,739.54 Total: 6,739.54 4231 2/20/2013 000162 VANTAGE TRANSFER AGENTS,401AEXEC PL Ben48137 001.231.14.00 401 EXEC PLAN: Payment 1.083.90 Total: 1,083.90 4232 2/20/2013 003256 DISCOVERY BENEFITS, INC, HRA PLAN Ben48139 001.231.28.00 HEALTH REIMBURSEMENTACCOUNT: 800.00 Total: 800.00 28429 2/20/2013 001896 DANIEL H BRUNNER Ben48129 001.231.20.00 BONDURANT, MICHAEL 1203245: Payrr 75.00 Total: 75.00 6 Vouchers for bank code: apbank Bank total: 66,793.79 6 Vouchers in this report Total vouchers: 66,793.79 Page: 1 vchlist Voucher List Page: 1 02121/2013 2:54:05PM Spokane Valley Bank code: apbank Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 28430 2/21/2013 000197 AIRFACTZ 69693 001.018.016.518 CRIMINAL REPORTS: NEW HIRES 40.00 Total : 40.00 28431 2/21/2013 001081 ALSCO LSP01273956 001.016.000.521 FLOOR MATS: PRECINCT 20.39 Total : 20.39 28432 2/21/2013 000030 AVISTA January 2013 001.076.300.576 UTILITIES: PARKS MASTER AVISTA 8,623.80 January 2013 101.042.000.542 UTILITIES: PW MASTER AVISTA 26,992.80 Total : 35,616.60 28433 2/21/2013 000918 BLUE RIBBON LINEN SUPPLY INC 9407643 001.076.305.575 LINEN SERVICE AND SUPPLY AT C 39.07 Total : 39.07 28434 2/21/2013 003221 CITY OF SPOKANE VALLEY C[P#0155 303.303.155.595 SEPA CHECKLIST PROCESSING 350.00 Total : 350.00 28435 2/21/2013 000912 DEX MEDIA WEST Feb 2013 001.076.304.575 ADVERTISING FOR SENIOR CENT' 32.21 Total : 32.21 28436 2/21/2013 003136 GIBSON, CARLY Expenses 001.018.014.514 EXPENSE REIMBURSEMENT 7.06 Total : 7.06 28437 2/21/2013 000070 INLAND POWER&LIGHT CO 94202 101.042.000.542 UTILITIES:JANUARY PW 340.20 Total : 340.20 28438 2/21/2013 001944 LANCER LTD 0434326 001.076.305.575 SIGNATURE STAMP: CAROL CART! 22.83 Total : 22.83 28439 2/21/2013 000132 MODERN ELECTRIC WATER CO January 2013 101.042.000.542 UTILITIES: PW 8,246.53 Total : 8,246.53 28440 2/21/2013 000415 ROSAUERS 679767 001.076.305.575 COFFEE/MEETING SUPPLIES 31.97 Total : 31.97 28441 2/21/2013 000709 SENSKE LAWN&TREE CARE INC. 5337411 001.016.000.521 SNOW REMOVAL AND DEICE: PRE 312.13 5352099 001.016.000.521 SNOW REMOVAL/DEICE: PRECINC 706.56 5352100 001.076.300.576 SIDEWALK SNOW REMOVAL: EAP 73.92 Page: 1 vchlist Voucher List Page: 2 02121/2013 2:54:05PM Spokane Valley Bank code: apbank Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 28441 2/21/2013 000709 SENSKE LAWN&TREE CARE INC. (Continued) 5352101 001.076.300.576 SIDEWALK SNOW REMOVAL SPRP 69.57 5356964 001.016.000.521 SNOW REMOVAL/DEICE: PRECINC 489.16 5356965 001.076.300.576 SIDEWALK SNOW REMOVAL:CEN. 147.84 5356966 001.076.300.576 SIDEWALK SNOW REMOVAL: HER, 139.14 Total : 1,938.32 28442 2/21/2013 000323 SPOKANE CO UTILITIES February 2013 001.076.302.576 SPOKANE CO SEWER CHRGS: FEI 1,520.20 Total : 1,520,20 28443 2/21/2013 000324 SPOKANE CO WATER DIST#3 Feb 2013 001.076.300.576 WATER!RR CHARGES:APPLEWAI 8.96 Total : 8.96 28444 2/21/2013 001083 STANDARD PLBG HEATING CONTROLS 50445 001.016.000.521 JANUARY 2013 MONTHLY MAINT:P 570.68 Total : 570.68 28445 2/21/2013 001911 THE GLOVER MANSION CP766 001.076.305.575 EVENT SERVICES AT CENTERPLAI 152.18 Total : 152.18 28446 2/21/2013 000335 TIRE-RAMA 8080021283 001.058.055.558 06769D: OIL CHANGE 26.93 Total : 26.93 28447 2/21/2013 000038 WASTE MANAGEMENT OF SPOKANE 0056812-1518-1 402.402.000.531 WASTE MGMT: LATE PMT FEE 84.84 Total : 84.84 28448 2/21/2013 003210 WEST CONSULTANTS, INC. 003565 001.058.055.558 SALTESE CREEK FLOODPLAIN ST1 657.72 Total : 657.72 19 Vouchers for bank code : apbank Bank total : 49,706.69 19 Vouchers in this report Total vouchers: 49,706.69 Page: 2 vchlist Voucher List Page: 1 02/28/2013 1:26:36PM Spokane Valley Bank code: apbank Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 28449 2/28120/3 000958 AAA SWEEPING, LLC 49181 402.402.000.531 2013 STREET SWEEPING SERVICE 300.46 Total : 300.46 28450 2/28/2013 001081 ALSCO LSP01270178 001.058.057.558 FLOOR MATS: PERMIT CENTER 39.55 LSP01276454 001.058.057.558 FLOOR MATS: PERMIT CENTER 39.55 Total : 79.10 28451 2/28/2013 000030 AVISTA Nov-Feb 2013 101.042.000.542 UTILITIES: PW NOT ON MASTER BI 232.45 Total : 232.45 28452 2/28/2013 001606 BANNER BANK 0618 001.011.000.511 JANUARY 2013: 0618 25.00 0797 001.011.000.511 JANUARY 2013:0797 1,273.13 4064 001.058.056.558 JANUARY 2013:4064 1,119.36 8861 001.076.305.575 JANUARY 2013:8861 2,536.49 9048 001.058.057.558 JANUARY 2013:9048 1,115.28 Total : 6,069.26 28453 2/28/2013 000918 BLUE RIBBON LINEN SUPPLY INC 9409662 001.076.305.575 LINEN SERVICE AND SUPPLY AT C 202.82 S0049208 001.076.305.575 LINEN SERVICE AND SUPPLY AT C 61.88 Total : 264.70 28454 2/28/2013 002993 BROADWAY SPLICING SUPPLY 375256 101.000.000.542 SUPPLIES: PW 225.14 Total : 225.14 28455 2/28/2013 002562 CD'A METALS February 2013 101.000.000.542 SUPPLIES: PW 425.19 Total : 425.19 28456 2/28/2013 000101 CDW-G X505034 001.090.000.518 HP COMPUTER PARTS 288.40 X526192 001.090.000.518 HP MONITORS-COMPUTER 407.14 Total : 695.54 28457 2/28/2013 000326 CONSOLIDATED IRRIGATION#19 Feb 2013 001.076.305.575 UTILITIES: PARKS 67.09 Total : 67.09 28458 2/28/2013 001880 CROWN WEST REALTY LLC 30 101.042.000.543 COMMON AREA MAINT CHARGE: la 169.53 Total : 169.53 Page: 1 vchlist Voucher List Page: 2 02/28/2013 1:26:36PM Spokane Valley Bank code: apbank Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 28459 2/28/2013 000912 DEX MEDIA WEST February 2013 001.076.305.575 ADVERTISING FOR CENTERPLACE 168.99 Total : 168.99 28460 2/28/2013 003274 EXCHANGE PUBLISHING 253578 001.090.010.513 ADVERTISEMENT 8.65 Total : 8.65 28461 2/28/2013 001447 FREE PRESS PUBLISHING INC 39222 001.013.000.513 LEGAL PUBLICATION 76.50 39223 001.058.056.558 LEGAL PUBLICATION 89.25 Total 165.75 28462 2/28/2013 002365 GENERAL DYNAMICS ITRONIX CORP S0027946 001.016.000.521 GOBOOKS FOR SVPD 202.70 Total : 202.70 28463 2/28/2013 003273 HUCKLEBERRY PRESS 02071305113 001.090.010.513 ADVERTISEMENT: SEEKING RECY 17.60 Total : 17.60 28464 2/28/2013 000864 JUB ENGINEERS, INC. 80149 101.042.000.542 2012 MISC PROJECTS 1,152.33 80328 101.042.000.542 TIP DATA MAINTENANCE AND UPD 4,710.62 Total : 5,862.95 28465 2/28/2013 002466 KENWORTH SALES February 2013 101.000.000.542 SUPPLIES: PW 168.95 Total : 168.95 28466 2/28/2013 001944 LANCER LTD 0434463 001.076.305.575 LETTERHEAD FOR CENTERPLACE 288.06 0434495 001.058.050.558 BUSINESS CARDS:CD 119.03 Total : 407.09 28467 2/28/2013 000252 LOWE'S BUSINESS ACCOUNT February 2013 001.076.305.575 OPERATING SUPPLIES: CP 283.09 Total : 283.09 28468 2/28/2013 001684 MARKETING SOLUTIONS NW CP 2-13-2013 001.076.305.575 ADVERTISING FOR CENTERPLACE 475.50 Total : 475.50 28469 2/28/2013 002203 NAPAAUTO PARTS January 2013 101.000.000.542 SUPPLIES: PW 177.32 Total : 177.32 28470 2/28/2013 000662 NATL BARRICADE&SIGN CO 78880 001.032.000.543 SUPPLIES: PW 63.05 Page: 2 vchlist Voucher List Page: 3 02/28/2013 1:26:36PM Spokane Valley Bank code : apbank Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 28470 2/28/2013 000662 000662 NATL BARRICADE&SIGN CO (Continued) Total : 63.05 28471 2/28/2013 003293 NORTHERN TERRITORY, CONSTRUCTIC 2/21/2013 001.223.40.00 RETAINAGE RELEASE 246.04 Total : 246.04 28472 2/28/2013 000193 NORTHWEST CHRISTIAN SCHOOL INC March 2013 001.090.000.518 CITY HALL RENT 39,566.35 Total : 39,566.35 28473 2/28/2013 002709 NORTHWEST HOSE&FITTINGS 402847-002 101.000.000.542 SUPPLIES: PW 1,281.70 Total : 1,281.70 28474 2/28/2013 000652 OFFICE DEPOT INC. 643945733001 001.032.000.543 OFFICE SUPPLIES: PW 410.82 644150465001 001.058.057.558 OFFICE SUPPLIES: CD 52.12 644222389001 001.076.305.575 OFFICE SUPPLIES:CENTERPLACE 34.65 644908590001 001.032.000.543 SUPPLIES:PW 14.17 Total : 51t76 28475 2/28/2013 000307 OFFICE OF THE STATE TREASURER JANUARY 2013 001.016.000.586 STATE REMITTANCE 48,176.47 Total : 48,176,47 28476 2/28/2013 000997 OTIS ELEVATOR COMPANY SR04008313 001.076.305.575 ELEVATOR SERVICE CONTRACT 1,692.85 Total : 1,692.85 28477 2/28/2013 000437 PERIDOT PUBLISHING 2013 001.018.016.518 2013 SUBSCRIPTION:THE CURREI 12.00 Total : 12.00 28478 2/28/2013 002424 PITNEY BOWES GLOBAL 1428301-FB13 001.090.000.518 POSTAGE METER RENTAL 275.00 Total : 275.00 28479 2/28/2013 002592 PURE FILTRATION PRODUCTS 14408 001.076.305.575 SUPPLIES FOR CENTERPLACE 2,464.40 14506 001.076.305.575 SUPPLIES FOR CENTERPLACE 201.40 Total : 2,665.80 28480 2/28/2013 000675 RAMAX PRINTING&AWARDS 23760 001.058.050.558 SUPPLIES:CD 12.50 Total : 12.50 28481 2128/2013 002616 ROADWISE, INC 1139308 101.000.000.542 SUPPILES: PW DE-ICER 15,202.22 Page: 3 vchlist Voucher List Page: 4 02/2812013 1:26:36PM Spokane Valley Bank code: apbank Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 28481 2/28/2013 002616 002616 ROADWISE, INC (Continued) Total : 15,202.22 28482 2/28/2013 000064 SCHIMMELS, GARY Expenses 001.011.000.511 EXPENSE REIMBURSEMENT 109.63 Expenses 001.011.000.511 EXPENSE REIMBURSEMENT 400.17 Total : 509.80 28483 2/28/2013 003133 SHAMROCK MANUFACTURING INC 1469 101.042.000.542 SUPPLIES: PW 2,934.90 Total : 2,934.90 28484 2/28/2013 002531 SIX ROBBLEES INC 5-661199 101.000.000.542 SUPPLIES:PW MAINT SHOP 237.89 Total : 237.89 28485 2/28/2013 000172 SPOKANE CO ENGINEER VLY 1301 101.042.000.542 JANUARY COUNTY SERVICES 25,892.84 Total : 25,892.84 28486 2/28/2013 000308 SPOKANE CO PROSECUTING ATTY January 2013 001.016.000.586 CRIME VICTIMS COMPENSATION F 751.06 Total : 751.06 28487 2/28/2013 000001 SPOKANE CO TREASURER 43600091 402.402.000.531 AQUIFER ATLAS: STORMWATER 84.00 51501486 001.016.000.523 JANUARY 2013: HOUSING INVOICE 106,447.00 Total : 106,531.00 28488 2/28/2013 000324 SPOKANE CO WATER DIST#3 Feb 2013 101.042.000.542 WATER CHARGES: PW 17.92 Total : 17.92 28489 2128/2013 000093 SPOKESMAN-REVIEW 345517 001.013.000.513 ADVERTISEMENT:ACCOUNT 4236 899.76 Total : 899.76 28490 2/28/2013 001083 STANDARD PLBG HEATING CONTROLS 50463 001.090.000.518 WORK ORDER 23033 CENTERPLA 702.22 Total : 702.22 28491 2/28/2013 002110 TARGET MEDIA N.W. PUBLISHING 24412676-24412842 001.090.010.513 ADVERTISEMENT 12.00 Total : 12.00 28492 2/28/2013 001911 THE GLOVER MANSION CP747 001.076.305.575 EVENT SERVICES AT CENTERPLA( 326.62 Total : 326.62 28493 2/28/2013 002185 URS CORPORATION 5402145 001.058.158.558 SHORELINE MASTER PROGRAM 7,998.23 Page: 4 vchlist Voucher List Page: 5 02/28/2013 1:26:36PM Spokane Valley Bank code: apbank Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 28493 2/28/2013 002185 002185 URS CORPORATION (Continued) Total ; 7,998.23 28494 2/28/2013 000167 VERA WATER&POWER 2013 101.042.000.542 UTILITIES:JANUARY 2013 2,703.54 Total : 2,703.54 28495 2/28/2013 000100 WABO INC. 25827 001.058.057.558 BUILDING PUBLICATIONS 1,089.82 Total : 1,089.82 28496 2/28/2013 000038 WASTE MANAGEMENT OF SPOKANE 1726264-2681-8 001.076.305.575 WASTE MGMT: CENTERPLACE 775.60 1726265-2681-5 001.016.000.521 WASTE MANAGMENT: PRECINCT 296.88 1726266-2681-3 101.042.000.543 WASTE MGMT: MAINT FACILITY 180.24 Total : 1,252.72 28497 2/28/2013 001792 WHITEHEAD,JOHN Expenses 001.018.016.518 EXPENSE REIMBURSEMENT 97.58 Total : 97.58 28498 2/28/2013 002651 WOODARD,ARNE Expenses 001.011.000.511 EXPENSE REIMBURSEMENT 170.52 Expenses 001.011.000.511 EXPENSE REIMBURSEMENT 435.33 Total : 605.85 28499 2/28/2013 001885 ZAYO GROUP LLC February 2013 101.042.000.542 DARK FIBER LEASE 242.39 February 2013 001.090.000.518 HIGH SPEED INTERNEY CITY HALL 550.00 Total : 792.39 228130021 2/28/2013 000001 SPOKANE CO TREASURER 9290200444 001.016.000.521 LAW ENFORCEMENT: FEBRUARY 1,529,812.00 Total : 1,529,812.00 52 Vouchers for bank code : apbank Bank total : 1,809,340.93 52 Vouchers in this report Total vouchers : 1,809,340.93 i.0 c--fx5Y- /,5a-9, 'i a. c 0,4(1.4,4 R71,570,15/.93 a if / M,xjz/d. 9.3 / Page: 5 vchlist Voucher List Page: 6 02/28/2013 1:26:36PM Spokane Valley Bank code : apbank Voucher Date Vendor Invoice Fund/Dept Description/Account Amount I,the undersigned,do certify under penalty of perjury, that the materials have been furnished,the services rendered,or the labor performed as described herein and that the claim is just,due and an unpaid obligation against the City of Spokane Valley,and that I am authorized to authenticate and certify said claim. Finance Director Date Mayor Date Council Member Date Page: 6 vchlist Voucher List Page: 1 03/04/2013 1:48:54PM Spokane Valley Bank code: pk-ref Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 5547 3/4/2013 002200 HARRIS, NORMA Refund 001237.10.99 DEPOSIT REFUND: SMALL DINING 52.00 Total : 52.00 5548 3/4120/13 003290 SABOTA,JILL Refund 001.237.10.99 DEPOSIT REFUND: ROOM 213 52.00 Total : 52.00 5549 3/4/2013 003295 SPOKANE CO FIRE DIST#8 Refund 001.237.10.99 DEPOSIT REFUND: FIRESIDE LOUI 210.00 Total : 21 0.00 3 Vouchers for bank code: pk-ref Bank total : 314.00 3 Vouchers in this report Total vouchers : 314.00 I,the undersigned,do certify under penalty of perjury, that the materials have been furnished,the services rendered,or the labor performed as described herein and that the claim is just,due and an unpaid obligation against the City of Spokane Valley,and that I am authorized to authenticate and certify said claim. Finance Director Date Mayor Date Council Member Date Page: 1 vchlist Voucher List Page: 1 03/06/2013 10:03:19AM Spokane Valley Bank code: apbank Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 4245 3/512013 000048 VANTAGE TRANSFER AGENTS,401A PLAN Ben48257 001.231.14.00 401A: Payment 26,607.74 Total: 26,607.74 4246 3/5/2013 000682 EFTPS Ben48259 101.231.11.00 FEDERAL TAXES: Payment 28,304.69 Total: 28,304.69 4247 315/2013 000145 VANTAGEPOINTTRANSFERAGENTS,457 PLY Ben48261 001.231.18.00 457 DEFERRED COMPENSATION: Payr 6,252.79 Total: 6,252.79 4248 3/5)2013 000162 VANTAGE TRANSFER AGENTS,401AEXEC PL Ben48263 001.231.14.00 401 EXEC PLAN: Payment 1,083.90 Total: 1,083.90 4261 3/5/2013 000682 EFTPS Ben48267 001.231.11.00 FEDERAL TAXES: Payment 949.40 Total: 949.40 28500 3/5/2013 000120 AWC Ben48247 001.231.16.00 HEALTH PLANS:Payment 108,125.50 Ben48265 001.231.16.00 HEALTH PLANS(COUNCIL): Payment 8,540.69 Total: 116,666.19 28501 3/5/2013 000165 DEPT OF RETIREMENT SYSTEMS Ben48249 001.231.15.00 PERS:Payment 55,991.95 Total: 55,991.95 28502 3/5/2013 002227 IDAHO TAX COMMISSION Ben48251 001.231.50.03 IDAHO STATE TAX BASE: Payment 1,023.54 Total: 1,023.54 28503 3/5/2013 000699 WA COUNCIL CO/CITY EMPLOYEES Ben48253 402.231.21.00 UNION DUES: Payment 2,075.87 Total: 2,075.87 28504 3/5/2013 002574 WASHINGTON TRUST BANK Ben48255 001.231.20.00 BERG20110-02-03952-4: Payment 792.63 Total: 792.63 10 Vouchers for bank code: apbank Bank total: 239,748.70 10 Vouchers in this report Total vouchers: 239,748,70 Page: 1 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: 03-12-2013 Department Director Approval : ❑ Item: Check all that apply: ® consent ❑ old business ❑ new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Payroll for Period Ending February 15, 2013 GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: OPTIONS: RECOMMENDED ACTION OR MOTION: Budget/Financial impacts: Employees Council Total $ $ $242,11 Gross: 242,119.77 - 9.77 39,789. Benefits: 39,789.36 - 36 $ $ $281,90 Total payroll 281,909.13 - 9.13 STAFF CONTACT: Raba Nimri DRAFT MINUTES SPOKANE VALLEY CITY COUNCIL REGULAR MEETING STUDY SESSION FORMAT Spokane Valley City Hall Council Chambers Spokane Valley,Washington February 19,2013 6:00 p.m. Attendance: Councilmembers Staff Tom Towey,Mayor Mike Jackson,City Manager Dean Grafos, Councilmember Cary Driskell, City Attorney Chuck Hafner, Councilmember Mark Calhoun,Finance Director Rod Higgins, Councilmember John Hohman, Community Development Dir. Ben Wick, Councilmember Mike Stone,Parks&Recreation Director Arne Woodard, Councilmember Eric Guth,Public Works Director Steve Worley, Senior Engineer ABSENT: Rick VanLeuven,Police Chief Gary Schimmels,Deputy Mayor Carolbelle Branch,Public Information Officer Chris Bainbridge, City Clerk Mayor Towey called the meeting to order at 6:00 p.m. ROLL CALL: City Clerk Bainbridge called the roll; all Councilmembers were present except Deputy Mayor Schimmels. It was moved by Councilmember Woodard, seconded and unanimously agreed to excuse Deputy Mayor Schimmels from tonight's meeting. APPROVAL OF AMENDED AGENDA: It was moved by Councilmember Wick, seconded and unanimously agreed to approve the amended agenda. ACKNOWLEDGEMENT OF SPECIAL GUESTS: Presentation of Lilac Court Members(see below) ACTION ITEM: 1. CONSENT AGENDA: Consists of items considered routine which are approved as a group. Any member of Council may ask that an item be removed from the Consent Agenda to be considered separately. a.Approval of the following claim vouchers: VOUCHER LIST DATE VOUCHER NUMBERS; TOTAL AMOUNT 01/17/2013 28097-28116 $274,326.79 01/18/2013 28117-28150 $500,421.88 01/18/2013 28151 $201.00 01/18/2013 28152-28175 $182,955.17 01/22/2013 4200-4215; 28176 $107,311.66 01/24/2013 28177-28189 $136,427.37 01/25/2013 28190-28214 $204,313.05 01/25/2013 28215-28237 $50,871.02 01/25/2013 5544-5546 $343.00 01/29/2013 28239-28242 $22,317.02 02/01/2013 28243-28263 $15,750.09 02/01/2013 28264-28288; 131130032 $1,559,490.09 02/07/2013 28289 $39,566.35 Council Study Session Minutes 02-19-2013 Page 1 of 4 Approved by Council: DRAFT 02/08/2013 28290-28344; 205130014,205130163 $260,087.11 02/08/2013 4213,4214,4216,4217; 28345-28349 $245,094.03 GRAND TOTAL $3,599,475.63 b.Approval of Payroll for period ending January 31,2013: $396,924.32 c.Approval of Council Meeting Minutes of January 22,2013,Formal Meeting Format d.Approval of Council Meeting Minutes of January 29,2013 Study Session Format e.Approval of Council Meeting Minutes of February 5,2013, Special Meeting f.Approval of Council Meeting Minutes of February 5,2013, Study Session Format g.Approval of Council Meeting Minutes of February 6,2013, Special Meeting with Spokane County Councilmember Higgins asked that item if be removed, and he explained that during discussion of the noted item #2 of the minutes, he neither voted for or against, and since he did not declare he was abstaining, neither did he abstain. It was noted the Minutes will be so corrected. It was moved by Councilmember Hafner, seconded and unanimously agreed to approve the reminder of the Consent Agenda. f.Approval of Council Meeting Minutes of February 5,2013, Study Session Format It was moved by Councilmember Hafner, seconded and unanimously agreed to approve the Meeting Minutes of February 5, 2013, as corrected. NON-ACTION TEMS: 2 February Community Recognition—Mayor Towey Mayor Towey announced that the Community Recognition Program is being conducted in celebration of our City's Tenth Anniversary, in an effort to recognize individuals, organizations and businesses in Spokane Valley that have made our community a better place. He announced that this month's recipient is S.C.O.P.E. Mayor Towey acknowledged the S.C.O.P.E. Board Members, Sheriff Knezovich, numerous S.C.O.P.E. members/volunteers, and Police Chief VanLeuven, who made the nomination. After Mayor Towey gave some background of the mission and activities of S.C.O.P.E., he presented S.C.O.P.E. Director Rick Scott with a certificate and key to the City, after which Mr. Scott accepted the certificate and key with appreciation to Council and to all the S.C.O.P.E.volunteers. 3. SNAP Request for Letter of Support—Julie Honekamp, SNAP CEO SNAP Capital Campaign Co-Chair Mark McCabe gave background information on SNAP, mentioned several programs to assist low-income and vulnerable residents; and said they assist approximately one in ten county residents; that they also assist businesses just starting out, and said that in the past five years, 80% of the business that started with SNAP are still operating. SNAP CEO Julie Honekamp further explained the functions of SNAP and of this their first capital campaign,which is an effort to purchase the former site of the Dominican Center on Ft. Wright Drive; she said SNAP is requesting a letter of support from the Spokane Valley City Council on behalf of SNAP's $638,000 grant application to the State Building Community Fund; adding that SNAP has never owned a building before, and that owning would represent a substantial savings of about $100,000; she mentioned that SNAP's total budget is about $20 million, and they only use 9% for administrative costs. Mayor Towey asked Council if there were any objections to him signing a letter of support, and no objections were raised. Presentation of Royal Lilac Court Mayor Towey acknowledged the members of the Royal Lilac Court, and Lilac Queen Brett introduced Princess Savannah from Mead; Princess Hailey of St. Georges; Princess Kate of Lewis and Clark; Princess Devyn of Northwest Christian; Princess Emily of Gonzaga Prep; and Princess Michelle of Ferris. Queen Brett also mentioned that the Court will be travelling soon to Ireland. Mayor Towey thanked the Court for coming, and gave a Spokane Valley pin to each member of the Court. Council Study Session Minutes 02-19-2013 Page 2 of 4 Approved by Council: DRAFT 4. Proposed Amended 2013 Transportation Improvement Plan (TIP)—Steve Worley Senior Engineer Worley explained that since the adoption of the 2013-2018 TIP, staff submitted applications for federal STP Call for Projects and a Community Development Block Grant; and said the removal or changing of projects from the TIP requires the TIP to be amended, which is something that is normally done annually. Mr. Worley went over the removed projects, carryover projects, and other projects approved by Council, and in summary,he recommended that the 2013 TIP be amended to reflect the deletion of the projects that did not receive funding, and to include those projects that were not completed in 2012 and which are carried over to the 2013 season. There was some discussion about the removed Park Road sidewalk projects and mention from Mr. Worley that we didn't receiving funding; he said he would come back to Council in a few weeks to discuss the CMAQ/TA grant project and that the Park Road projects will come up again and other funding opportunities could come along, or Council could move it up on the list. Mr. Worley said since it appears Council prefers keeping the sidewalk project on the Plan, it could stay with the six-year TIP but just move it back further; and there was Council consensus to proceed as planned for the amendment of the 2013 Plan as presented. There was also mention of the Sprague Park Project,but Mr. Worley said there is currently no plan and no funding; and that we will have to wait to see what comes from the Master Planning, and in the meantime, staff is moving ahead with pavement management plan based on what was previously approved by Council. Mr. Worley noted that this issue will come back to Council in March for a public hearing and subsequent Council approval consideration. 5. Library/Park Update—Mike Stone Parks and Recreation Director Stone updated Council on the joint site development plan consultant selection process; said that they received fifteen submittals, and the selection team chose Bernardo Wills; said the Library Board discussed the proposed contract at their meeting and approved moving ahead. It was mentioned that the Council would like to see the Scope of Work or whatever it was the Library Board saw, and Mr. Stone replied that the Library Board has not seen the scope of work either. After further brief discussion on such things as topographical surveys,there were no objections to staff proceeding with the expenditures within the City Manager's authority. 6. Interlocal Agreement,Purchasing—Cary Driskell After City Attorney Driskell explained the proposal as per his February 19, 2013 Request for Council Action Form,there were no objections from Council in moving forward to place the Interlocal on a future consent agenda for motion consideration to ratify approval of the agreement. 7. Disaster Response Procedures—Cary Driskell Via his PowerPoint presentation, City Attorney Driskell explained what constitutes an emergency, who declares an emergency, and briefly went over the emergency response plan,including associated statutory authority,consequences of disaster declaration, and steps needed once the emergency is over. 8. Small Works Projects Bids—Eric Guth Plans and specifications for two small projects were prepared in September, 2012, explained Public Works Director Guth, and said that ultimately bids came in higher than estimated but still within budget; that generally these small stormwater projects are approved by the City Manager, but because this combined bid exceeds that approval threshold, staff will be bringing this to council for approval consideration. There were no objections to staff bringing this back for a motion consideration at the March 5 council meeting. 9.Advance Agenda-Mayor Towey There were no suggestions for changes or additions to the Advance Agenda. Council Study Session Minutes 02-19-2013 Page 3 of 4 Approved by Council: DRAFT 10. Information Only Items below were not reported or discussed: (a) CMAQ/TA Grant Projects; (d)School Beacons (b)Department Reports; (e)Hearing Examiner Annual Report (c)January Planning Commission Minutes (f)Response to Public Comment 11. Council Check-in—Mayor Towey: Mayor Towey reminded everyone of next week's Workshop Meeting, from 8:30 a.m. to 5:00 p.m., and that there would be no evening Council meeting that night. 12. City Manager Comments—Mike Jackson Mr. Jackson had no additional comments. 13. EXECUTIVE SESSION: {RCW 42.30.110(1)(b)] Acquisition of Real Estate It was moved by Councilmember Hafner, seconded and unanimously agreed to adjourn into Executive Session for approximately sixty minutes to discuss acquisition of real estate and that no action will be taken upon return to open session." Council adjourned into executive session at 7:17 p.m. At 8:05 p.m., Mayor Towey declared Council out of Executive Session, and immediately thereafter, it was moved by Councilmember Wick, seconded and unanimously agreed to adjourn. ATTEST: Thomas E.Towey, Mayor Christine Bainbridge,City Clerk Council Study Session Minutes 02-19-2013 Page 4 of 4 Approved by Council: CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: March 12, 2013 Department Director Approval: Check all that apply: ® consent ❑ old business ❑ new business ❑ public hearing ❑ information ❑ admin. Report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Motion Consideration: Intergovernmental Purchasing Contract with the Washington State General Administration Office. GOVERNING LEGISLATION: Chapter 39.34 RCW PREVIOUS COUNCIL ACTION TAKEN: Administrative report February 19, 2013. BACKGROUND: The City is authorized under state law to utilize the purchasing contracts of other jurisdictions in the state by following certain rules. This is commonly referred to as "piggybacking" on the contract of the other entity. One of the requirements is the adoption of an interlocal agreement by both entities which provides such authority. This proposed interlocal agreement meets that requirement. There are other requirements specific to each piggybacked purchasing event. Staff is proposing this interlocal purchasing agreement with the State of Washington — General Administration Office (GAO) so the City can purchase various items, including miscellaneous equipment and goods for Public Works, and IT equipment. Items purchased through this contract are generally expected to be below normal retail pricing. The authority requested by staff for this interlocal purchasing agreement is different than other interlocal purchasing agreements. When staff received the proposed purchasing agreement in 2011, it appeared it was something staff could execute on behalf of the City. That was not the case, and we now know that Council must take action to authorize execution. The City can legally remedy this oversight by gaining Council ratification of the prior staff action, which gives approval after the fact for prior purchases. Additionally, the GAO has requested that we execute an amendment to the agreement which extends the agreement to June 30, 2013. If the City wants to be part of this cooperative beyond that date, we would present a new interlocal purchasing agreement for Council consideration. OPTIONS: Ratify the prior staff action regarding authorizing the Washington State — GAO interlocal purchasing agreement and authorize finalizing and executing the 6 month extension; RECOMMENDED ACTION OR MOTION: I move that we ratify the prior staff action regarding authorizing the Washington State — GAO interlocal purchasing agreement, including Amendment #1, and authorize staff to finalize and execute Amendment #2 extending the agreement to June 30, 2013. BUDGET/FINANCIAL IMPACTS: $2,000 for one year, $1,000 for six month extension in 2013. STAFF CONTACT: Cary Driskell, City Attorney ATTACHMENTS: State of Washington Intergovernmental Agreement for State Purchasing Cooperative, including amendments one and two. ' o Z!R State of Washington DEPARTMENT OF GENERAL ADMINISTRATION Office of State Procurement Rm.201 General Administration Building, P.O. Box 41017 Olympia,Washington 98504-1017 (360)902-7400 http:/fwww.ga.wa.gov STATE OF WASHINGTON INTERGOVERNMENTAL AGREEMENT FOR STATE PURCHASING COOPERATIVE Pursuant to Chapter 43.19 RCW,Chapter 39.34 RCW and WAC 236.49-060,the State of Washington,Department of General Administration, Office of State Procurement,("Office of State Procurement"or°OSP"),and City of Spokane Valley ("Cooperative Member")agree to enter into this intergovernmental Agreement("Agreement"),for the purpose of the Cooperative Member participating in the State Purchasing Cooperative Program("Cooperative")under the following terms and conditions: 1) Washington State political subdivisions(e.g,local governments and school districts)and public benefit nonprofit corporations are eligible for membership in the Cooperative and must be subject to audit by Washington State Auditor's Office(SAO).Offices,departments,divisions,or other sub-units("subdivisions") within Washington State political subdivisions and public benefit nonprofit corporations may join the Cooperative. However,the subdivision's membership fee will be assessed at the rate of the associated Washington State political subdivision or public benefit nonprofit corporations.Washington state agencies and their subdivisions are automatically Cooperative Members and do not need to apply for membership or pay a membership fee. 2) The Office of State Procurement is required to recover the costs of administering the State Purchasing Cooperative Program from Cooperative Members. The Membership Fee Schedule below sets forth the fee structure for Cooperative Members,which are not Washington State agencies. The Membership Fee Schedule is based on the Cooperative Member's total expenditures,less debt service and inter-fund transfers,as reported in the Cooperative Member's last audited financial statement. 3) The term of this Agreement and Cooperative membership is January 1,2010 through December 31,2011. This Agreement may be canceled in writing by either party.However;if the Cooperative Member has used state contracts during the current membership period;the Cooperative Member remains liable to pay any unpaid balance of the membership fee for the entire term. Fees are not based on the level of contract usage. Refunds will not be given to members due to lack of contract usage. 4) The Office of the Superintendent of Public instruction(OSPI)financial reporting information will be used to verify fee amounts for public school districts,and Educational Service Districts.(ESD's). 5) Any Cooperative Member not reported in the OSPI or State Auditor's financial reporting information,must submit a copy of its most recent audited financial statements to OSP upon request.When a Cooperative Member does not have audited financial statements,tha Cooperative Member shall provide internal budgets or financial statements.Once membership fees are verified through such authoritative sources,OSP will issue quarterly Invoices for remittance due and payable within 30 days of receipt or due date shown on invoice whichever is sooner.After initial verification and at the beginning of each calendar quarter thereafter, Invoices will be sent via electronic mail to the contact fisted below. 6) This executed Agreement entities the Cooperative Member access to state contracts for goods and services as viewed on www.ga.wa.gov.Cooperative Members may only access Western States Contracting Alliance (WSCA)contracts where Washington Is the lead state,or has a signed a participating addendum(PA). Cooperative Members are not authorized to enter Into separate WSCA participating addenda with vendors. Cooperative Members are also entitled to use Oregon Purchasing Contracts, 2 of • Y • 7) if a Washington State political subdivision or public benefit nonprofit corporation or a subdivision thereof that is not a current Cooperative Member Is found to have used a slate contract,WSCA contract,or Oregon Purchasing Contract;that Washington State political subdivision or public benefit nonprofit corporation shall be liable for payment of a full year membership fee. Failure to pay such fee may be reported to the State Auditors Office and result in audit findings against the entity. 8) The Office of State Procurement,in contracting on behalf of the State of Washington for the purchase of goods and services according to the laws and regulations governing such purchases,agrees to also contract on behalf of the Cooperative Member,to the extent permitted by law. The Cooperative Member accepts responsibility for compliance with any additional laws and regulations applicable to the Cooperative Member. 9) The Office of State Procurement agrees to comply with its statutory requirements regarding notice for bids or proposals for goods or services subject to this Agreement,and will either:a)post the bid or solicitation notice on a web site established and maintained by OSP for the purposes of posting public notice of bid or proposal solicitations,or b)provide an access link on the State of Washington's web portal to the notice. 10) When the Office of the State Procurement has entered into a contractual agreement for the purchase of goods or services on behalf of Cooperative Member,the Cooperative Member may purchase goods and services covered by the contract on the same terms and conditions as the State of Washington,except that the contractor has the right to modify payment terms based on its credit assessment of the Cooperative Member. Purchases by the Cooperative Member may be made by a purchase order issued by the Cooperative Member to the contractor. The Cooperative Member is solely responsible for payment for any goods and services it purchases under contracts pursuant to this Agreement or services it purchases directly from OSP. The Cooperative Member agrees to be responsible for limited contract monitoring related to their use of these contracts. 11) The Cooperative Member reserves the right to contract independently for the purchase of any particular class of goods or services,with or without notice being given to OSP. 12) In the event that either the Office of the State Procurement or the Cooperative Member Is abolished,this Agreement shall continue in operation as to any entity succeeding to the powers and duties of the abolished party,except as canceled or modified by operation of law. 13) The Cooperative Member agrees to use only those OSP,WSCA,or Oregon Purchasing contracts authorized under the terms of this Agreement and to comply with those contracts'terms end conditions. The Cooperative Member further agrees that ail purchases from OSP,WSCA,or Oregon Purchasing contracts will be made only for the direct use of the Cooperative Member's programs and no purchases will be made on behalf of or for the use of other entities or jurisdictions. 14) It Is not the intention of the parties,nor shah this Agreement be interpreted,to create a separate legal entity for the performance of this Agreement. Instead,the Office of State Procurement shall be responsible for administering this Agreement. 15) In accordance with RCW 39.34.040;the Cooperative Member shall be responsible for filing the executed copy of this Agreement with its county auditors office,or filed in such manner as required by law,to meet public disclosure requirements.This may include listing on the Cooperative Member's Internet site or any other electronically retrievable public source. 16) By its signature below,the Office of State Procurement confirms it approves of this Agreement as required by RCW 39.34.050 and It is authorized to enter into this Agreement pursuant to RCW 39.34.030 end RCW 39.34.080. Similarly,by its signature below,the Cooperative Member confirms it is authorized to enter into this Agreement pursuant to RCW 39.34.030 and RCW 39.34.080. 17) PAYMENT and NOTICES:Payment shall be made to OSP at the address provided below. Further,any notice,demand or other communication required or permitted to be given under this Agreement shall be made to the parties at the addresses provided below. The Cooperative Member agrees to pay the membership fee as a part of this Agreement. Late payments may be subject to statutory interest and collection related costs. First time Cooperative Members joining after June 30th may have their fee prorated, if the member has not previously accessed state contracts. Pro-rated fees will be based on 6-month intervals,January—June,June—December. 3 of 1 1 s . ti 0 el Mall the signed Agreement and payment to: State of Washington,OSP PAF-Non/Prof Fund:422 04 20 000214, Room 303 General Administration Bldg., P.O.Box 41008,Olympia,WA 98504-1008 Cooperative Member contact Information; Contact Person to whom contract documents and related communications are to be mailed or faxed. Cooperative Member Agency Name: CL. of 'B 61.-6.1r,-1° _ 1es� Agency Federal TIN#: `-'Ii-C l(-111b Contact Name: 1"11e_Nisr=n, V,, Address: 111 n t . Svre,eis. R\le, (il\• r, *,, City,St.Zip to .,Ao&.,,.. ; U,XN, 'iktvA yfo • Phone Number: LSQA 1 -St-3L Fax Number: % -tYLA[4 Email Address: rri :...: 16 _. .• ! . • Secondary Contact: Name:. *.x-s `Champscw- Email: larsekrrsfAars spckeryt.90ttd.ov: Two-Year Membership Fee Schedule J Note: Total expenditures listed below are minus of debt service and inter-fund transfers Annual Annual Two-Year Verified expenditures expenditures of Membership Fee Level of more than less than Fee $0.00 $3,000,000 $400 $3,000,001 $7,600,000 - $1,000 $7,500,001 $30,000,000 $2,000 $30,000,001 $68,000,000 "$4,000 X . $68,000,001 $90,000,000 $6,000 $90,000,001 ' $150,000,000 $8,000 $150,000,001 and over $10,000 According to the most recent authoritative information;City of Spokane Valley,your annual operating expenditures were$51,236,531.00 making your two-year fee$4,000.00. The undersigned has read, understands and agrees to the terms and conditions of this Agreement, certifies that he/she is the Authorized Signatory for the Cooperative Member,and certifies under penalty of perjury under the !awe of Washington State that the verified expenditure in the Membership Fee Schedule above is true and correct. Cooperative Memb r uth d Signature: i l Signature: ,/ Date Signed: /-2/- Print Name: .V'‘ Y-, c n Title: .gi:ins.%ce - 'trer!{T,r- Address(if not the same as above): Phone Number(s): 50a .1. s is FOR OSP =` ONLY(Completed by OSP,this page will be returned to you In executed copy) Approved a t•form: MG Date: 10/1612 s atup te} o•r as.ig Co-op member number ib' b ' R t3 as provide this number to vendors when ordering f', , � Ora'Ii ; lcating . th OSP.. ,'. ip1 iC 11RE ip ..`� ,I • I OP ('l ,erincation Used ��q � r 1 .-te _ v .p1 4of4 • ASSIGNMENT OF INTERGOVERNMENTAL AGREEMENT Amendment Number 1 • to • State of Washington Department of General Administration - Intergovernmental Agreement Number 2011-WPC-070 for Office of State Procurement State Purchasing Cooperative This Amendment Number 1 to Department of General Administration Intergovernmental Agreement Number 2011-WPC-070 is made and entered by and between the State of Washington Department of General Administration,hereinafter referred to as"GA", and City of S 'o)Cane Valley hereinafter referred to as "COOPERATIVE MEMBER". The purpose of.this Amendment is td'formally assign the • - -Intergovernmental:Agreement made on January.21,j,2011-between iA arid.COOPERATIVE MEMBER, to - the Washington State Department of Enterprise Services. • . ' WHEREAS,the Washington State Legislature.passed Engrossed Substitute°Senate Bill 5931 (ESSB 5931) consolidating all or portions of the Washington State Department of Information Services,Department of Personnel,State Printer, General Administration and the Office of Financial Management(Agencies); WHEREAS,the authority and funding for those Agencies has been withdrawn effective October 1,2011; WHEREAS,the Washington State Legislature has created under ESSB 5931•which includes delegation of contracting authority,the Department of Enterprise Services hereinafter referred to DES; WHEREAS,the authority and funding for the continuation of Intergovernmental Agreement Number 2011- WPC-070 has been transferred to the DES; WHEREAS, the DES finds that it is in the best interest of the State of Washington to continue to conduct business with Cooperative Member under the terms and conditions of this Intergovernmental Agreement 2011-WPC-070. Now therefore,DES and COOPERATIVE MEMBER agree that 1. Effective October 1,2011the Intergovernmental Agreement 2011-WPC-070 is hereby assigned in all respects to DES. 2. By signing this Amendment,COOPERATIVE MEMBER hereby consents to this assignment. As assigned,said Agreement hereby amended so that wherever the name GA is used it shall mean DES. 3. Any and all payments made by COOPERATIVE MEMBER to GA shall be deemed to have been made to DES and shall discharge COOPERATIVE MEMBER from any further liability • with regard to said payment. Further, the Intergovernmental Agreement is hereby modified: 3) Term of this Agreement and Cooperative membership is extended one (1)year through December 31,2012. Either party may terminate this Agreement upon thirty(30)days written • notification to the other party. However, if the Cooperative Member has used state contracts during the current membership period,the Cooperative Member remains liable to pay any • • ASSIGNMENT OF INTERGOVERNMENTAL AGREEMENT Amendment Number 2 to State of Washington Department of Enterprise Services Intergovernmental Agreement Number 2011-WPC-070 for Master Contracts, Consulting and Oversight State Purchasing Cooperative This Amendment Number 2 to Department of Enterprise Services Intergovernmental Agreement Number 2011-WPC-070 is made and entered by and between the State of Washington Department of Enterprise Services, hereinafter referred to as "DES", and City of Spokane Valley, hereinafter referred to as "COOPERATIVE MEMBER". The purpose of this Amendment is to extend the Intergovernmental Agreement between DES and COOPERATIVE MEMBER. The Intergovernmental Agreement is hereby modified: 3) Term of this Agreement and Cooperative membership is extended six (6) months through June 30,2013. • • 17) PAYMENT and NOTICES: COOPERATIVE MEMBER six month fee is $1,000.00. ALL OTHER TERMS AND CONDITIONS OF THE CONTRACT SHALL REMAIN IN FULL FORCE AND EFFECT. IN WITNESS WHEREOF, the parties have read this Amendment Number 2 to Intergovernmental Agreement 2011-WPC-070 in its entirety, agree to it and hereby assert that they have the authority • to bind their respective parties to it. Approved Approved Department of Enterprise Services City of Spokane Valley SIGNATURE SIGNATURE Chris Cantrell PRINT OR TYPE NAME DATE PRINT OR TYPE NAME DATE Coop Program Coordinator TITLE TITLE • Pagel of I 2011-WPC-070 Contact Information We consider regular contact with you to be very important, especially in this time of change. In order to keep you up to date with the latest changes we need to verify that your contact information. Below is the contact information we have on file for your organization. Please indicate any changes that need to be made to this information in the spaces provided at the bottom of the page. Organization Name: City of Spokane Valley Contact Name: Melissa Hollen Mailing Address: 11707 E Sprague Ave Ste 106,,;. ,,� .r.,,. Spokane Valley, WA 99206 Contact Phone Number: 509-720-5044 Please indicate changes below • Organization Name: Contact Name: (; ry ( Ab5nv- Mailing Address: City/State/Zip: Contact Phone Number: Contact E-mail: • • Please return with your signed amendment to DES, Attn: Coop Program, PO Box 41017, Olympia, WA 98504-1017. If you have any questions, please contact us at • coop @des.wa.gov or 360-407-9396. DRAFT MINUTES SPOKANE VALLEY CITY COUNCIL REGULAR MEETING STUDY SESSION FORMAT Spokane Valley City Hall Council Chambers Spokane Valley,Washington March 5,2013 6:00 p.m. Attendance: Councilmembers Staff Tom Towey,Mayor Mike Jackson,City Manager Dean Grafos, Councilmember Cary Driskell, City Attorney Chuck Hafner, Councilmember John Hohman, Community Development Dir. Ben Wick, Councilmember Mike Stone,Parks&Recreation Director Arne Woodard, Councilmember Eric Guth,Public Works Director Mark Calhoun,Finance Director Absent: Rick VanLeuven,Police Chief Gary Schimmels,Deputy Mayor Lori Barlow, Senior Planner Scott Kuhta,Planning Manager Steve Worley, Senior Engineer Inga Note,Traffic Engineer Chris Bainbridge,City Clerk Mayor Towey called the meeting to order at 6:00 p.m. Roll Call: City Clerk Bainbridge called the roll; all Councilmembers were present except Deputy Mayor Schimmels. It was moved by Councilmember Woodard, seconded and unanimously agreed to excuse Deputy Mayor Schimmels from tonight's meeting. ACTION ITEMS: 1. Small Works Projects Bids—Eric Guth It was moved by Councilmember Wick and seconded to award the Stormwater Utility 2013 Small Works Projects Phase 1 to the lowest responsive and responsible bidder, Cat's Eye Excavating, in the amount of $216,208.47. After Public Works Director Guth gave brief background on this bid award, Mayor Towey invited public comment. No comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed:None. Motion carried. NON-ACTION ITEMS: 2. Public Access Plan Review, Shoreline Master Program(SMP) —Lori Barlow,Tadas Kisielius Senior Planner Barlow went through the PowerPoint presentation explaining the highlights of the Draft Public Access Plan, which she said is as a result of staff and URS Corporation's efforts; she mentioned the written comments included in the packet, and said that the letter from the Tribal Historic Preservation Officer with the Spokane Tribe of Indians' comments are not in context of this Plan, and therefore will be addressed later; and she reminded everyone that we are only talking about the area within the shoreline jurisdiction; she also explained that it is not necessary to require additional access points as we have adequate access presently; she said the gravel pits are outside of the SMP requirements until they are no longer being mined, and the plan doesn't reference them although it recognizes it might be an opportunity in the future. There was further discussion concerning access area Eden Road and the lack of negative comments about that area; and mention that many user groups' comments are incorporated through the goals and policies. Ms. Barlow said that staff advertised and reached out to user groups and none of the comments received caused staff to reconsider what is in the document; details such as how to address Council Study Session Minutes 03-05-2013 Page 1 of 3 Approved by Council: DRAFT signage, or possible places to put in water fountains are not included as this Plan is a recommendation of deficiencies based on occurring use; adding that they agreed with the need to make people aware of the various access points. The Centennial Trail was also mentioned and Mr. Jackson said we are not a formal party to the agreement, but have been maintaining the seven miles of trail that go through our City. Ms. Barlow said the goal is to have this SMP adopted by the end of this year. Ms. Barlow said that Attorney Tadas Kisielius also reviewed the Draft Public Access Plan to identify areas where the draft plan may exceed,meet, or fall below the state guidelines; and subsequently recommended that language discussing Shelley Lake public access be revised to reflect that there were no additional access opportunities at the lake. Mr. Kisielius added that the lake is privately owned and surrounded by community property managed by the Homeowners Association. He stated that the goal is to capture and catalogue our unique circumstances; that we have tremendous public access, and this is a means to catalogue that and gain recognition of that; and he then reviewed the regulatory process outlined in section 6. Ms. Barlow said a resolution is scheduled for next week's agenda for Council to consider accepting this Public Access Plan. 3. Sign Code Discussion—John Hohman Via his PowerPoint presentation, Community Development Director Hohman discussed the 2012 sign code revision process, as well as issues with the current code, and ideas for further code revision. Some of the suggestions Mr. Hohman mentioned included flags with or without script, portable signs such as reader boards, and location and number of temporary banners. Mr. Hohman said staff is prepared to come forward with code revisions similar to those of the County and Spokane City, and ultimately, Council expressed the view that future proposed changes to be brought before Council will be left at Mr. Hohman's discretion. At 7:24 p.m.Mayor Towey called for a short recess; he reconvened the meeting at 7:35 p.m. 4. Townhouses in Neighborhood Commercial, CTA 01-13, Proposed Amendment to SVMC 19.120 — Scott Kuhta Planning Manager Kuhta explained that last September, Council adopted significant changes to Spokane Valley Municipal Code (SVMC) 19.120, and one change included the removal of Townhouses as a permitted use in the Neighborhood Commercial (NC) zone. Mr. Kuhta said that he has not seen a townhouse built within the city limits in our ten years of incorporation; that after that was removed, staff was approached about a vacant piece of property near 16th and University,where the developer would like to put in townhouses. Mr. Kuhta said staff recommends including Townhouses as a permitted use once again in the NC zone as it is a logical transition to residential communities; and said he feels he can find support in the Comprehensive Plan to allow this as well. Councilmember Grafos asked if townhouses are a good transition, why don't we allow them in the garden office zone. Mr. Kuhta said the primary use of garden office is for office uses, and said he would like to further research that issue, adding that we do not have a demand for townhouses. Mr. Kuhta said he anticipates bringing this to Council for a first ordinance reading toward the end of March. There were no objections. 5. CMAQ/TA Grant Projects—Steve Worley Senior Engineer Worley went over the list of proposed grant projects, and after some discussion on which projects to include and in what priority, Council determined to leave the priority of the list to Mr. Worley's discretion. Mr. Worley added that this issue is scheduled for a motion consideration at next week's Council meeting. 6. Sprague Avenue On-Street Parking—Eric Guth,Inga Note Through her PowerPoint presentation, Traffic Engineer Note explained some of the parking issues association with parking on Sprague Avenue, including preferred parking conditions such as low traffic volume and slower speeds, existing parking , crash rates for street types, clear-view triangle issues associated with parking; suggestions for how to make it safe, such as removing travel lanes or lowering Council Study Session Minutes 03-05-2013 Page 2 of 3 Approved by Council: DRAFT speed limits, and ended by discussing some options such as side street parking, or conducting a corridor parking study to evaluate other options. Councilmember Grafos said he would be interested in exploring the idea of going into a partnership with some of the auto dealers. Councilmember Hafner brought up the cost associated with making any of the discussed changes; and Mayor Towey mentioned that citizens previously voted that they do not want the corridor to be a commuter, and that ballot result should be honored. Mr. Jackson said we can take a preliminary look and get a sense of the amount of resources needed to make any change, and come back in a few weeks. Council voiced no objections. 7. City Hall Lease Amendment—Mark Calhoun Finance Director Calhoun went over the background of the lease extension/amendment all as noted in his Request for Council Action, and said that this is also scheduled for a motion consideration at next week's Council meeting. Council expressed their appreciation to Mr. Calhoun with the lease negotiations. 8.Advance Agenda There were no suggested changes to the advance agenda. 9. Information Only The Finance Department Monthly Report, Preservation Projects Update, and Response to Citizen Comment Regarding Crime Statistics,were for information only and were not reported or discussed. 10. Council Check-in-Mayor Towey No Comments. 11. City Manager Comments—Mike Jackson City Manager Jackson referenced the e-mail he and members of Council recently received from Lobbyist Briahna Taylor concerning the legislative session; and he briefly mentioned that discussion continues at the legislature concerning proposed changes to the Lodging Tax legislation. It was moved by Councilmember Wick, seconded and unanimously agreed to adjourn. The meeting adjourned at 8:50 p.m. ATTEST: Thomas E. Towey,Mayor Christine Bainbridge,City Clerk Council Study Session Minutes 03-05-2013 Page 3 of 3 Approved by Council: CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: March 12, 2013 Department Director Approval: Check all that apply: ❑ consent ❑ old business Znew business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Proposed Resolution 13-001: Shoreline Master Program (SMP) Update — Draft Public Access Plan GOVERNING LEGISLATION: Shoreline Management Act (SMA) RCW 90.58 PREVIOUS COUNCIL ACTION TAKEN: Numerous discussions regarding local implementation of the Shoreline Management Act under RCW 90.58. BACKGROUND: The URS Corporation Consultants, assisted by City staff, have completed a Draft Public Access Plan for the Shoreline Master Program Update. The Public Access Plan is the fifth phase of the Shoreline Update Process, and is an elective component of the Shoreline Management Act (SMA). The City has opted to develop master program provisions for an effective public access system, rather than addressing public access on a site-by-site basis. The Public Access Plan provides an evaluation of the existing public accesses to the City of Spokane Valley's (COSV) shorelines, a description of existing recreational uses, and recommendations to improve both public access and public recreational uses within the shoreline jurisdiction. This plan is intended to be a coordinated planning document that can be used to support planning efforts of other agencies responsible for recreational opportunities in the shoreline, including the City Parks Department and Washington State Parks. The Planning Commission conducted a study session on January 10, 2013 and conducted a public hearing on January 24, 2013. The Commission voted 7-0 to recommend acceptance of the draft Public Access Plan, with minor changes to the plan. Those changes were incorporated into the Planning Commission Draft. Contract special counsel Tadas Kisielius also completed a review of the Draft Public Access Plan to identify areas where the draft plan may exceed, meet, or fall below the state guidelines. He provided input that was incorporated into the draft during the development stage and subsequently through the Council review process. At the March 5th meeting, Mr. Kisielius recommended a minor text change clarifying that public access to Shelley Lake was considered and no additional public access opportunities were identified. (See attached memo) Additional discussion noted that in Table 5-3 the Greenacres neighborhood had rejected proposals to formally improve the Eden Road Access. This statement, as noted in the discussion, is incorrect and has been removed in the Council Draft. OPTIONS: (1) Approve the attached document as presented; (2) Approve with modifications; (3) Send the draft back to the Planning Commission; or (4) Request additional information. RECOMMENDED ACTION OR MOTION: I move to approve Resolution #13-001 informally accepting the City Council Draft Public Access Plan which includes the modification recommended by Tadas Kisielius' Feb. 25, 2013 memo regarding Shelley Lake and the revision to Table 5-3. BUDGET/FINANCIAL IMPACTS: None STAFF CONTACT: Lori Barlow, AICP, Senior Planner ATTACHMENTS: Attachment A: Resolution # 13— 001 Attachment B: City Council Draft Public Access Plan Vane Feldman. Millennium Tower 719 Second Avenue Suite 1150 Gorr Seattle,Washington 98104 ATTORNEYS AT LAW 206-623-9372 P 206-623-4986 F SEAT7tE, WA • WASHENG1ON, DC MEMORANDUM TO: City Council FROM: Tadas Kisielius DATE: February 25, 2013 RE: Potential Shelley Lake Revision to Public Access Plan In addition to the revisions to the public review draft of the Shoreline Public Access Plan that were recommended by the Planning Commission, the City Council may also want to consider a revision to the introductory discussion of Shelley Lake in Section 1.1. The change will clarify the City's public access planning for Shelley Lake, but does not substantively change the City's approach with respect to public access to the Lake expressed in the public review draft. Currently, the draft language concludes that there are"no existing or potential opportunities for public access" to Shelley Lake. However, the current draft also suggests that "the plan does not include" Shelley Lake. While it is correct that the plan does not propose any additional public access to the privately owned lake, it is technically incorrect to state that the plan"does not include" Shelley Lake; rather, through the planning process we understand staff considered Shelley Lake but determined that there were no additional public access opportunities at the lake. Accordingly, the Council could consider changes that more accurately characterize the planning related to Shelley Lake: This plan does not include Shelley Lake is also within the COSV's shoreline jurisdiction. because the The lake is privately owned and surrounded by community private property that is managed by the Homeowners Association. Public access to the shorelands and lake is available and adequate for the immediate Shelley Lake community, including a paved pedestrian trail around the majority of the lake and mooring posts for non-motorized watercraft. has indicated that they would like to continue to limit access such that tThere are no existing or potential opportunities for other public access to the Lake. 41398-2 The Seattle Office of Van Ness Feldman,LLP DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON RESOLUTION NO. 13-001 A RESOLUTION OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, ACCEPTING THE DRAFT PUBLIC ACCESS PLAN FOR THE SHORELINE MASTER PROGRAM, AND OTHER MATTERS RELATING THERETO. WHEREAS,the City initiated a Shoreline Master Program Update process in 2009; and WHEREAS, on October 27, 2009, the City Council reviewed a public participation plan for the Shoreline Management Program Update; and WHEREAS,the public participation plan specifies the public involvement plan overview; and WHEREAS, the Shoreline Management Program Update process specifies that individual components of the Shoreline Management Program Update will be reviewed separately and accepted by Council resolution,recognizing that as each component is completed,it will be used as a base upon which to develop the remainder of the Shoreline Management Program; and WHEREAS, on November 5, 2009, the first Shoreline Master Program Update open house was conducted at which the Shoreline Management Program Update process was explained to interested parties; and WHEREAS, on September 14, 2010, the first component of the Shoreline Master Program Update,the Shoreline Inventory and Characterization Report,was accepted by Resolution 10-014; and WHEREAS, on August 14, 2012, the second component of the Shoreline Master Program Update,the Goals and Policies,was accepted by Resolution 12-004; and WHEREAS, on November 13, 2012, the third component of the Shoreline Master Program Update,the Environment Designations,was accepted by Resolution 12-007; and WHEREAS, on December 11, 2012, the fourth component of the Shoreline Master Program Update,the Restoration Plan,was accepted by Resolution 12-012; and WHEREAS, the fifth component of the Shoreline Master Program Update is the Public Access Plan; and WHEREAS, on November 29, 2012, the Public Access Plan was sent to the Technical Review Group for review; and WHEREAS on December 10, 2012, the Public Access Plan was issued for public review, and a notice published in the Spokane Valley News Herald announcing the public hearing; and WHEREAS, on January 10,2013,the Planning Commission conducted a study session where the Public Access Plan was presented and discussed; and WHEREAS, on January 16, 2013, an open house was conducted where the Draft Public Access Plan and Maps were discussed with interested parties; and Resolution 13-001,Accepting SMP Draft Public Access Plan Page 1 of 2 DRAFT WHEREAS, on January 24, 2013,the Planning Commission conducted a properly noticed public hearing on the Public Access Plan; and WHEREAS, the Planning Commission received written comments from the Technical Review Group,but no additional public comment, and revisions were made to the document; and WHEREAS, on January 24, 2013, the Planning Commission unanimously recommended that the Draft Public Access Plan be formally accepted with the revisions noted; and WHEREAS, on March 5, 2013, the City Council conducted a study session where the Public Access Plan was presented and discussed, and WHEREAS, at the study session on March 5, 2013, Tadas Kisielius, legal consultant, recommended an additional modification to the draft Public Access Plan clarifying the consideration of public access at Shelley Lake; and WHEREAS, this Resolution informally accepts the proposed Draft Public Access Plan recommended by the Planning Commission with the modification recommended by Mr. Kisielius, and it is anticipated that additional revisions may occur prior to formal adoption; and WHEREAS, the City Council Draft Public Access Plan is anticipated to be formally adopted by Ordinance at a later date as a part of the complete Shoreline Master Program. NOW THEREFORE, be it resolved by the City Council of the City of Spokane Valley, Spokane County,Washington, as follows: The City Council Draft Public Access Plan, attached as Exhibit A,is hereby accepted. Approved this 12th day of March,2013. ATTEST: CITY OF SPOKANE VALLEY Christine Bainbridge,City Clerk Thomas E.Towey,Mayor Approved as to form: Office of the City Attorney Resolution 13-001,Accepting SMP Draft Public Access Plan Page 2 of 2 EXHIBIT A PUBLIC ACCESS PLAN (City Council DRAFT) City of Spokane Valley Shoreline Master Program Update December 31, 2012 (Original Draft) January 24, 2013 (Planning Commission Recommendation) March 12, 2013 (Resolution#13-001)■; ti f #r �' fii6f4e,:i 1 ''. '' k ',..75''''* 10 titi.—'''-- 4e, 11::!. - , ' 0' A 'at' ' todor r, • ( • e 'Iry - l'44. .../-..W 4.' Prepared for: City of Spokane Valley Community Development Department Spokane Valley City Hall 11707 E. Sprague Ave., Suite 106 Spokane Valley, Washington 99206 Prepared by: URS Corporation 920 N. Argonne Road, Suite 300 Spokane Valley, WA 99212 URS Project Number 36310035 TABLE OF CONTENTS 1. INTRODUCTION 1 2. INTEGRATION WITH OTHER COMMUNITY PLANS 4 2.1 Spokane Valley Parks and Recreation Master Plan 4 2.2 Washington State Parks 5 2.4 Spokane River Forum 6 2.5 Friends of the Centennial Trail 7 3. PUBLIC ACCESS AND PUBLIC USES 8 4. SHORELINE CONDITIONS 12 4.1 Segment 1 Upstream City Limits to Flora Road 12 4.2 Segment 2 Flora Road to Trent Avenue 13 4.3 Segment 3 Trent Avenue to Coyote Rocks 15 4.4 Segment 4 Orchard Avenue Area 16 5. PUBLIC ACCESS PLAN 17 6. IMPLEMENTATION 21 Tables Table 3-1: Shoreline Access within the COSV Table 3-2: Typical Shoreline Uses within the COSV Table 5-1: Proposed Shoreline Access Improvements Table 5-2: Proposed Direct River Access Improvements Table 5-3: Proposed Future Shoreline Day Use Areas Figures Figure 3-1: Existing Public Access Figure 3-2 Major Use Areas Figure 5-1 Public Access Plan City Council Draft COSV Public Access Plan, March 12, 2013 1 Acronyms COSV City of Spokane Valley DNR Washington Department of Natural Resources Ecology Washington Department of Ecology GIS Geographical Information Systems OHWM Ordinary High Water Mark RCW Revised Code of Washington ROW Right-of-Way RSP Riverside State Park SCD Spokane Conservation District SMA Shoreline Management Act SMP Shoreline Master Program SRCT Spokane River Centennial Trail State Parks Washington State Parks and Recreation Commission URS URS Corporation(author) WAC Washington Administrative Code WDFW Washington Department of Fish and Wildlife City Council Draft COSV Public Access Plan, March 12, 2013 11 SECTIONONE INTRODUCTION 1. INTRODUCTION 1.1 Summary Shoreline public access is one of the major policies of the SMA. Public access to the shoreline includes the ability of the general public to reach, touch, and enjoy the water's edge, to travel on the waters of the state, and to view the water and the shoreline from adjacent locations. This document provides an evaluation of the existing public accesses to the City of Spokane Valley's (COSV) shorelines, a description of existing recreational uses, and recommendations to improve both public access and public recreational uses within the shoreline jurisdiction. This Public Access Plan is part of the COSV's Shoreline Master Program Update (SMP) and is supported by other elements of the SMP. This plan is intended to be a coordinated planning document that can be used to support planning efforts of other agencies responsible for recreational opportunities in the shoreline, including the City Parks Department and Washington State Parks. As described in this plan, the public currently enjoys significant access opportunities in the COSV due to public ownership of a large percentage of the shorelines and because of the existing recreational infrastructure within the river corridor. While existing access and recreational uses are abundant, this plan identifies opportunities to improve existing accesses for both shoreland and direct river users as well as identifies areas suitable for low intensity development of new user areas. Within the COSV the public is provided with direct access to much of the Spokane River corridor which includes State Park land, the Spokane River Centennial Trail (SRCT), and the Spokane River. This plan addresses the public's ability to access to the river corridor including the SRCT, as well as direct, physical access to the Spokane River, itself. Much of the land within the river corridor is owned by Washington State Parks and is classified and managed for "Resource Recreation". The Resource Recreation classification requires that recreational use and development be in balance with sustainable natural resource protection. As described below, this balance promotes public access to the shorelines but limits those opportunities to access the shoreline to planned locations to maintain the integrity of the trail and the natural surroundings. The rights of navigation and water dependent uses are protected. Portions of the SRCT and the Spokane River Water Trail' (proposed) are located within the COSV's shoreline jurisdiction. Both trails are promoted as regional trails that link to adjacent jurisdictions and benefit the entire region. Protection of natural resources and the visual character of the river corridor is important to attract users to these regional trails. Shelley Lake is also within the COSV's shoreline jurisdiction. The lake is privately owned and surrounded by community property that is managed by the Homeowners Association. Public access to the shorelands and lake is available and adequate for the immediate Shelley Lake 1 The Spokane River Trail is a proposed water trail stretching from the headwaters of the Spokane River to its confluence with the Columbia River. The Spokane River Trail was proposed by the Spokane River Forum in 2010 to promote river use and protection. URSCity Council Draft COSV Public Access Plan, March 12, 2013 1 SECTIONONE INTRODUCTION community, including a paved pedestrian trail around the majority of the lake and mooring posts for non-motorized watercraft. There are no existing or potential opportunities for other public access to the Lake. The Central Pre-mix and Flora Road gravel pits identified in the City of Spokane Valley Shoreline Inventory and Characterization Report, URS, 2010 will not be regulated as shorelines of the state until operations cease. Potential future uses of the Sullivan Road gravel pit are discussed as they are relevant to future public access within the river corridor. Public access and uses were determined based on the Shoreline Inventory and Characterization Report (URS, 2010), the Shoreline Advisory Group meetings, and discussions with user groups and property owners including State Parks, Spokane Canoe and Kayak Club, the Northwest Whitewater Association, Friends of the Centennial Trail, COSV Parks and Recreation Department, and the Spokane River Forum. Additionally, where available, staff reviewed planning documents drafted by these various organizations. Field trips were performed during the summer of 2012 to verify information about existing public access and potential access opportunities. This plan was circulated for public comment and public hearings will be held. 1.2 Statutory and Regulatory Framework The Shoreline Management Act (SMA) states that: "The public's opportunity to enjoy the physical and aesthetic qualities of natural shorelines of the state shall be preserved to the greatest extent feasible... " (RCW 90.58.020). Additionally, the SMA indicates that: "Alterations of the natural conditions of the shorelines of the state, in those limited instances when authorized, shall be given priority for. . .development that will provide an opportunity for substantial numbers of people to enjoy the shorelines of the state."(RCW 90.58.020). In addition, increased public access is an important element of shoreline planning for Shorelines of Statewide Significance like the Spokane River (WAC 173-18-360; RCW 90.58.020; WAC 173-26-250). Consistent with these goals, the SMA requires local jurisdictions to include a public access element in their SMP that makes "provisions for public access to publicly owned areas" and a recreational element "for the preservation and enlargement of recreational opportunities, including but not limited to parks, tidelands, beaches, and recreational areas;. . ." RCW 90.58.100. According to Ecology's regulations, "Public access includes the ability of the general public to reach, touch, and enjoy the water's edge, to travel on the waters of the state, and to view the water and the shoreline from adjacent locations.." WAC 173-226-221(4)(a). Shoreline public access basic principles included in WAC 173-26-221(4)(b) are: URSCity Council Draft COSV Public Access Plan, March 12, 2013 2 SECTIONONE INTRODUCTION • Promoting the right to access waters held in public trust while protecting property rights and public safety. • Protecting the rights of navigation and space needed for water-dependent uses. • Protecting the public's opportunity to enjoy physical and aesthetic qualities of the shorelines. • Regulating design, construction and operation of permitted uses to minimize interference with and enhance the public's use of the water. According to Ecology's regulations, the COSV "should plan for an integrated shoreline area public access system that identifies specific public needs and opportunities to provide public access." The planning process "shall also comply with all relevant constitutional and other legal limitations that protect private property rights." WAC 173-26-221(4)(c). This plan implements these various statutory and regulatory requirements. In addition to this plan, the COSV will adopt regulations governing public access. City Council Draft COSV Public Access Plan, March 12, 2013 3 SECTIONTWO INTEGRATION WITH OTHER COMMUNITY PLANS 2. INTEGRATION WITH OTHER COMMUNITY PLANS In general, public access planning guides public acquisition and development efforts in a systematic way to achieve a usable network of public access, parks, and other public sites. The following plans were reviewed to ensure that the shoreline planning process is coordinated with existing public access and recreation plans. 2.1 Spokane Valley Parks and Recreation Master Plan The COSV Parks and Recreation Master Plan provides the foundation for the City's park and recreation programs. In summary, the Plan provides the following guidance and policies related to the Spokane River corridor. The City Parks department adopted the current draft in April 2006 and is scheduled to update the Parks Plan starting in the fall of 2012. The current parks plan provides a summary of the Needs Assessment (Chapter 5) of the 2004/2005 Household Recreation Survey. The survey had several key findings related to the river corridor including: • Residents indicated that acquiring additional land along the Spokane River was very important. • The SRCT is considered to have the third highest "usage" of various recreation areas in the Valley. • 31% of the respondents stated they do not use park facilities. • When asked what projects should have priority, acquisition of riverfront property and development of a city-wide trail system were cited most often. Chapter 2 of the Parks and Recreation plan provides key findings and policies related to the river corridor that recognize the relationship between the river as a natural resource and the recreational opportunities and seek to protect the resource while managing, maintaining and expanding recreational opportunities. These are summarized below. "Several natural resource areas in Spokane Valley are important for recreation. These lands may be environmentally sensitive and have limited development potential, but they are often conducive to park, open space, and recreation uses. The most notable natural resource is the Spokane River and its adjoining riparian corridor and flood zone."(P&R Plan, page 2-1.) • Policy 2-C: Seeks to protect or preserve significant natural resource for present and future generations. o Objective 2-C (1): seeks to acquire riparian corridors where feasible to protect these natural resources and to offer potential sites for trail development. o Objective 2-C (2): Develop effective natural resource management plans for significant natural areas within parks and other City-owned or controlled lands to ID management priorities and to guide development and restoration decisions. URSCity Council Draft COSV Public Access Plan, March 12, 2013 4 SECTIONTWO INTEGRATION WITH OTHER COMMUNITY PLANS o Objective 2-C (3): Directly and /or cooperatively acquire and protect land within the flood zone of the Spokane River and other drainage corridors. Plan park and recreation facilities and public access to these areas where appropriate. Chapter 6 of the Parks and Recreation plan provides recommendations for improvements to the city park system that includes the following elements related to the river corridor. • Develop a comprehensive trails system utilizing the SRCT along the Spokane River as the backbone element. • Sullivan Park: Provide "better access and a viewpoint to the Spokane River". • Mission Avenue Trailhead: This site should be developed into a formal trailhead including parking, staging area and kiosk. • Myrtle Point: Develop a master plan for this park; develop an access from the south; consider a boat launch; develop a picnic area; develop a paved trail from the CT to this site. Under 6.6 Riverfront Access, the Plan states the Spokane River offers a unique recreation resource to the City. Attempts should be made to acquire additional property as it becomes available. Barker Bridge is an example of a potential site that could offer a boating access point. (P&R Plan, pg 6-43). 2.2 Riverside State Park Classification and Management Plan Washington State Parks prepared the Park Classification and Management Plan (C.A.M.P.) for Riverside State Park in March 2005. Riverside State Park is a 14,000 acre park along the Spokane and Little Spokane rivers. The SRCT is managed by Riverside State Park staff as an extension of the Park. In general the C.A.M.P. seeks to balance recreation opportunities with ecosystem protection. Because State Parks shares management of the SRCT located outside Riverside State Park, most of the SRCT is not covered in the CAMP plan. Even though the C.A.M.P. plan does not directly address the portion of the SRCT within the COSV, the plan provides guidance on how this section of the SRCT will be managed. Relevant portions of the CAMP plan are summarized below. • Park-Wide Recreational Resource/Facility Issues and Management Approaches Issue (Table 5) Interpretation and environmental education (760PW-R1): Programmatic Activities: Park staff should coordinate with region staff and the agency Interpretive Supervisor to solicit cooperation of local school districts, higher education institutions, museums, and other organizations and individuals to develop and implement an enhanced environmental education and historical/cultural education program for RSP. An Interpretive Center within Riverside State Park should be used as a hub of a linked system of interpretive signs and kiosks distributed throughout Riverside State Park and the SRCT. Such a linked system of interpretation could develop a thematic context URSCity Council Draft COSV Public Access Plan, March 12, 2013 5 SECTIONTWO INTEGRATION WITH OTHER COMMUNITY PLANS focused on the past 12,000 years of changing land-use patterns along the Spokane River Valley. • Centennial Trail Sub-area Issues and Management Approaches (Table 8): Protection of wildlife habitat/natural ecosystems (760CT-N2): Land Classification: Those lands outside of RSP proper and within the trail corridor itself or development areas for trailheads, parking, etc. are classified as Resource Recreation, which requires that recreational use and development be in balance with sustainable natural resource protection. • Appropriate recreational uses (760CT-R2): Land Classification: The trail corridor itself, outside RSP proper, including sufficient areas for development of trailheads, parking, restrooms, and other ancillary facilities as necessary is classified as a Recreation Area so as not to limit development of trail uses and amenities. Park Policy: Park planning and management should attempt to accommodate the following existing and potential uses to a level that is consistent with protection of park natural and cultural resources and provided standards for recreational experience are met: walking, cycling, in-line skating, skating, running/jogging, wheel chair use, dog walks on leash, equestrian uses (where adjacent), nature viewing, baby strolling, fishing, river access, organized events, canoe/kayak put-in, picnicking, community links (trails), comprehensive interpretive program, CT extensions. • Maintenance,preservation, and improvement of facilities (760CT-R3): Park Recreational Resource Management Program: Capital Projects: 1) Resurface trail. 2) Develop trailhead at Sullivan Road. 3) Provide drinking fountains where feasible. 4) Explore the feasibility of building a parallel soft trail for equestrian use. 5) Comprehensive interpretation project for the entire trail, including potential for interpretive signs, brochures, and programs. In addition to the policies articulated in the CAMP, we understand that State Parks discourages uncoordinated, multiple trail access points, both formal and informal. State Parks prefers to limit access points to planned locations in order to maintain the integrity of the trail and of the natural surroundings and to facilitate the flow of traffic along the trail. State Parks has articulated this goal in conversations with COSV staff and has taken this position in response to specific development projects that have requested access to parks property or the SRCT. 2.4 Spokane River Forum The Spokane River Forum is a non-partisan, non-profit organization that creates materials, events and activities to promote regional dialogs and partnerships for sustaining a healthy river system while meeting the needs of a growing population. The Spokane River Forum is leading the effort to create a Spokane River Water Trail that will begin at the discharge of Coeur D'Alene Lake and extend to the confluence of the Columbia River. The Spokane River Forum has identified areas within the COSV shorelines as river access areas for the regional Spokane URSCity Council Draft COSV Public Access Plan, March 12, 2013 6 SECTIONTWO INTEGRATION WITH OTHER COMMUNITY PLANS River Water Trail. The major areas identified include direct river access at Barker Road, Sullivan Road, and at the Centennial Bridge (Plantes Ferry/Coyote Rocks). The Spokane River Forum identified other significant access points as part the Spokane River Water Trail including Sullivan Hole beach, Mission Avenue, and Mirabeau Point. 2.5 Friends of the Centennial Trail The Friends of the Centennial Trail promote and coordinate activities and improvements along the regional CT. Within the COSV desired projects include improving the parking areas at Barker Road and Mission Avenue by paving and landscaping in order provide more attractive and safe parking facilities and to reduce the cost of maintenance. An equestrian area and trail system on the north bank has been part of CT planning since early in its inception but is no longer a high priority. In general, access and public use of the CT is considered good within the city limits. Friends of the CT indicated that it was important not to disrupt traffic flow along the trail in order to provide for safe, nonhazardous trail use. Multiple trail access points, both formal and informal are discouraged and will need to be reviewed by State Parks early in the design process. URSCity Council Draft COSV Public Access Plan, March 12, 2013 7 SECTIONTHREE PUBLIC ACCESS AND PUBLIC USES 3. EXISTING PUBLIC ACCESS AND PUBLIC USES A goal of the COSV and of the SMA is to preserve the existing levels and quality of public access in the COSV. Public access to the Spokane River shorelines within the COSV is considered good and appears to meet the needs of the majority of users. According to the most recent recreation survey of the Spokane River system2 use along the Spokane River was considered to have sufficient amenities and was reported as not crowded, even though other sources estimate a high volume of use of the River Corridor associated with the SRCT3. The 2004 recreational survey evaluated the entire river system as well as Lake Coeur D'Alene and Lake Spokane and does not specifically distinguish the portion of the Spokane River in the COSV. However, its general conclusions are applicable to the portion of the River in the COSV. Additionally, the survey's assessment of the abundant recreational opportunities is reflected in information provided by several local interest groups summarized in Section 2, above. Recreational opportunities benefit from the large percentage of public ownership within the river corridor. The 2006 City Parks and Recreation Plan shows that linear parks within the COSV, including the SRCT, are only slightly deficient with a need for an additional of 0.7 acres in 2005 and an estimated 60 acres in 2025 to meet the desired level of service of 1.36 acres per 1,000 residents4. In addition, discussions with user groups indicate that existing access is generally good, though improvements to accommodate specific user groups are needed. Important areas providing public access to the river corridor are shown in Table 3-1 and on Figure 3-1. There are many informal paths from private property that are used by residents to access the SRCT and the river that are not included in the table. In addition to these existing access points, there are two potential access points described later in the document that may be appropriate locations for development of future access to the river and the SRCT. Table 3-1 Existing Access to the River Corridor within the COSV Access SRCT River Spokane Parking Ownership Description Access Access River Trail Barker Yes Yes Yes Yes SP - south, Gravel Parking lot on south side for Road COSV — CT access. Limited parking on north bridge at north side boater access. Flora Road Yes Yes, No No COSV/SC South side- used by neighborhood. limited North side parking limited, no signage. Mission Yes Yes, Yes Yes COSV Gravel right of way used by Ave limited neighborhood and local/regional kayakers to access CT, river, and Sullivan Hole. Sullivan Rd Yes Yes, Yes Yes SP/COSV Formal city park owned by SP/ limited managed by COSV. Access 2 Recreation Facility Inventory and User Surveys Report Spokane River Project,No.2545,prepared by Louis Berger for Avista,2004. 3 Friends of the Centennial Trail website,http://www_spokanecentennialtrail.org/ 4 COSV Park and Recreation Master Plan,2006 Table 5.1. URSCity Council Draft COSV Public Access Plan, March 12, 2013 8 SECTIONTHREE PUBLIC ACCESS AND PUBLIC USES improvements planned with new bridge. Mirabeau Yes Yes, Yes Yes SP Scenic and a popular location to Point limited access the CT and river. Trent Yes No No Yes SP CT access where Trent Avenue Avenue crosses the river. Parking is informal in public ROW. Plantes Yes Yes, Yes Yes SP Parking within SC and included due Ferry limited to its importance for river access at the west end of the COSV. Notes: 1. SP=State Parks ownership,COSV=City of Spokane Valley ownership, SC=Spokane County. The paved, ADA accessible SRCT Trail begins at the Idaho state line and ends at Nine Mile Falls, Washington with a length of 37 miles of which 11 miles are within the COSV. The SRCT path generally follows the contours of the Spokane River, allowing access for many types of outdoor non-motorized recreational activities. The SRCT provides the public opportunities for walking, running, and biking and provides a means to access adjacent areas (fields and woods) that have informal trails and support activities such as birding, fishing and quiet aesthetic enjoyment of the river corridor. Along much of its length within the SRCT the SRCT is separated from adjacent private properties either by vegetated buffers and/ or high banks. These natural surroundings contribute to the aesthetics of the river corridor and help to screen adjacent development and uses. The natural surroundings are appropriately interrupted at a limited number of access points. Generally, most activities occur or are accessed from the south bank since access to the north bank is limited with the exception of Sullivan Park. Direct use of the river includes fishing, swimming, boating and summertime floating. Boating and floating activities require river put-ins and take-outs in order to run the river. The Spokane River Water Trail, promoted as a regional trail, has identified put-ins and take-outs along the river from Coeur D'Alene Lake to the Columbia River. Four of these regionally important river accesses are located within the COSV. The Barker Road, Mission Avenue, Sullivan Road, and Mirabeau Point accesses are used for direct river access during warm weather. The Plantes Ferry access was lost when Upriver Drive was realigned and now boating use is limited downstream of Mirabeau Point. The Spokane River Forum and State Parks are in the process of acquiring funding to replace the Plantes Ferry access. Within the COSV are located three popular local and regional kayak park and play features known as Sullivan Hole, Mini-Climax Wave and the Zoo Wave. Fishing occurs throughout the length of the river but during summer the area between Sullivan Road and Mirabeau Point is popular due to cold aquifer water entering the river. Table 3-2 provides a summary of typical uses found within the river corridor. Figure 3-2 shows the location of significant use areas. URSCity Council Draft COSV Public Access Plan, March 12, 2013 9 SECTIONTHREE PUBLIC ACCESS AND PUBLIC USES Table 3-2 Existing Shoreline Uses within the COSV Use Location Public ADA Access Notes Access (1) CT Uses(hike,bike) Along the Good Good Trail related activities. CT Swimming River Good Generally poor Informal, non-regulated swimming at dispersed beaches. No ADA accessible beach,few amenities at beaches. Dispersed uses --- --- --- Protection of adjacent land uses and natural areas is important for these activities. -Fishing River Good Generally poor -Birding Wood/Fields Good Good along trail -Quiet Wood/Fields Good Good along trail Floating River Good Difficult Includes inner-tubing and recreational summer rafting. Whitewater Boating River Good Boat access improvements are needed to advance the Spokane River Water Trail including ADA access at major put-ins if possible. -Barker Road --- Good Possible Access good, parking needs to be retained and expanded at this high use area. Improvements to boat access could make this site ADA compliant. -Sullivan Road --- Moderate Difficult Erosion has occurred on the slopes due to high use and no defined paths. Improvements are expected when the new Sullivan Road Bridge is constructed. -Mirabeau Point --- Good Possible River access is good for small boats. A long steep path to climb for larger boats and rafts. A dirt road exists to the river that could be used for vehicle or ADA access. -Plantes Ferry --- Poor Possible Boating activity for rafts and larger boats is limited due to no access. Currently there is a proposal to construct a ramp near the CT parking lot. Kayak Park and Play River -Mini-Climax --- Moderate No Access is by a steep eroding bank. Better Wave path to river is needed. -Sullivan Hole --- Good No A good example of a multi-use feature on the river. Popular with floaters, boaters, swimmers, fishermen and kayakers. Accessed from Mission Road. -Zoo Wave --- Difficult Possible The least used of the kayak park and play spots due to lack of vehicle access. Notes: 1. ADA access is a non-technical evaluation of the possibility of adding ADA compliant access for the various uses. Public access on the north shore is limited to public right of ways, the Barker Road boat put-in, and Sullivan Park. There are many old dirt roads and informal trails within the shoreline URSCity Council Draft COSV Public Access Plan, March 12, 2013 10 SECTIONTHREE PUBLIC ACCESS AND PUBLIC USES jurisdiction that are used for hiking, mountain biking and by fisherman to access fishing areas. Use is more limited than on the south shore, in part because much of the adjacent land is zoned industrial and there are few user amenities such as the SRCT. Access is considered adequate along the north shore for current and anticipated future uses. While public access is generally good on the south bank there are few user amenities to provide user services or to attract users to the river corridor beyond the SRCT and the river access uses described in Table 3-2 above. User amenities can include public facilities and services such as public bathrooms, water fountains, benches, picnic areas, and parking as well as potential commercial uses such as private bike and boat rentals, shuttle service and restaurants. URSCity Council Draft COSV Public Access Plan, March 12, 2013 11 SECTIONFOUR SHORELINE CONDITIONS 4. SHORELINE CONDITIONS Shorelines included in this evaluation include the portions of the Spokane River corridor that are located within the boundaries of the City of Spokane Valley. This includes shorelines from the eastern City boundary (River Mile [RM] 91) to the western City boundary (RM 81.5), excluding the area within the Town of Millwood (RM 82.1 to RM 83.4). The evaluation is divided into the four river segments used for the Shoreline Inventory. 4.1 Segment 1 — Upstream City Limits to Flora Road Character of the River Corridor: The river corridor through this segment is a mix of residential and open space. Areas on the north side of the river include residential and industrial uses. The south side of the river is predominately single family residential. In many areas the residential uses are separated from the public uses by high steep banks or vegetated buffers. This segment provides some isolation and urban wilderness for trail and river users. The river contains many of the whitewater rapids that make the Spokane River a popular summer float. In the residential areas there are many informal trails used to access the SRCT and for neighborhood swimming and fishing areas. It is considered by many users as a very attractive part of the SRCT and river. Since much of the shorelines are already developed the character of the river corridor is not expected to change substantially. Access and Use of the River Corridor: Access to the river corridor occurs predominately at Barker Road and to a lesser extent Flora Road on both the north and south sides of the river. Eden Road (closed City right-of-way) is used for neighborhood access. Recreational use is relatively heavy with access provided by the Barker Road SRCT parking area on the south bank and the Barker Road Boat Launch on the North bank. The existing parking appears adequate for both SRCT use and at the north bank boat launch. The Barker Road access is easily accessible from I-90 and Trent Avenue. The nearest commercial area for user services (food, drink, gas) is near the Barker Road/Sprague Avenue intersection with additional services at Harvard Road in Liberty Lake (gas, restaurant, hotel). The KOA campground is located approximately 0.5 miles north of the Barker Road Bridge. Key Use Areas: Key use areas are: • Barker Road Bridge where the gravel SRCT parking area (south side) and the boat launch (north side) are popular destinations for users. Parking and access is adequate for current users. • Flora Road (North) North shore area east of Flora Road is an area used by hikers and fisherman to access the river. Parking is limited. • Flora Road (South) Direct river access at Flora Road is used as a small boat launch, for swimming, fishing, and neighborhood SRCT access. Parking is very limited. URSCity Council Draft COSV Public Access Plan, March 12, 2013 12 SECTIONFOUR SHORELINE CONDITIONS 4.2 Segment 2 — Flora Road to Trent Avenue Character of the River Corridor: The river corridor through this segment is a mix of isolated wooded areas, expansive fields and commercial development. This river segment is generally adjacent to large parcel mixed uses on south side and industrial uses on the north side with an area of existing residential use on the south (portion of Greenacres). Much of the land is currently undeveloped. Recreational use is heavy through this river segment and includes SRCT trail uses, fishing, boating and floating. It is anticipated that additional commercial/mixed use development will occur adjacent to the shoreline jurisdiction. Future development will likely result in increased use of the river corridor and additional access requirements to service future developments. This segment provides some isolation and an urban wilderness experience for trail and river users but is expected to change as the area is developed and becomes more urbanized. Access and Use of the River Corridor: Access to the river corridor predominately occurs at Mission Avenue, Sullivan Park and Mirabeau Point. Other access points include E. Indiana Road, a public right of way near the Walt Worthy office building, Spokane Mall access, and the Trent Avenue access. Use of these access points is limited due to limited parking, little historical use, or lack of signage. Mission Avenue is an important access used by kayakers to access the popular Sullivan Hole park and play area. Sullivan Park is a formal city park located on the north side of the river. Sullivan Park is easily accessible from I-90 and Trent Avenue. Mission Avenue and Mirabeau Point are both used to access the river corridor but are more difficult to find due to lack of signage. All of these areas are close to the Spokane Valley Mall which can provide services (food and drink) to users of the river corridor. Mirabeau Point is convenient to services on Pines and Trent Avenues while Mission Avenue is convenient to the Spokane Valley Mall and the Hanson development located east of the mall. Key Use Areas: Key use areas within this segment include both river corridor access and specific high use areas. River Corridor Access: • Mission Avenue is used by the neighborhood to access the SRCT. The Mission Road access is used for direct river access for fishing and swimming and is very important to local and regional kayakers to access the Sullivan Hole play spot. Much of the nearby property is zoned mixed use. Currently (year 2012) approximately 200 apartments are being constructed on a portion of the property adjacent to this access. It is anticipated that the increased population will increase use in this area. • Sullivan Road provides access to Sullivan Park on the north side of the river and the Spokane Valley Mall on the south side of the river. Sullivan Park is a major shoreline access point used for day use (picnicking and swimming), for direct river access, and for parking to access the SRCT, located on the south side of the river requiring users to cross Sullivan Bridge. The proposed Sullivan Bridge improvements will provide safe pedestrian access and improvements for direct river access. Designated SRCT parking URSCity Council Draft COSV Public Access Plan, March 12, 2013 13 SECTIONFOUR SHORELINE CONDITIONS and trail signage does not exist at the Spokane Valley Mall but trail users do park there to access the SRCT. • Mirabeau Point provides an important access to the SRCT and the river. Activities at Centerplace introduce visitors to the river corridor. Parking, trail and river access are adequate at Mirabeau Point. • The Trent Avenue access can be improved. Trent Avenue is a high traffic area and this access is minimal signed and not very attractive for users. With improvements this area could become an important area to access the SRCT. River Corridor Use Areas: • Sullivan Hole is the most popular kayak play spot on the river. Nearby is the Mini- Climax wave used by kayakers at higher river flows. The area has seen increasing multi- use activities including fishing, swimming and picnicking. Upstream of Sullivan Hole, on the north side of the river is located a large sandy beach that is currently only accessible from the water or by foot. In the future, when the Sullivan Road gravel pit is closed access to this beach may be feasible along the existing gravel pit access road. • Mission Avenue is a high use area for river access. Development of nearby properties will bring increased use to this area. Currently many users access the river down a steep, eroded trail right by the access. Signage and low intensity development (picnic tables, benches and signage) at the nearby old "Lions Park" would provide an appropriate day use area. • A popular beach is located downstream of Sullivan Park on the north side of the river. This beach is accessible from Sullivan Park. Development of a trail and signage would be appropriate to direct users to this area. • The Zoo Wave is a kayak park and play area located downstream of the Union Pacific Railroad Bridge and upstream of Mirabeau Point. There is no parking and the feature is typically accessed when running the river. The south shoreline adjacent to the Zoo Wave is a large flat river bench that is suitable for day use and may be an appropriate area to construct ADA access. • Mirabeau Point is a high use area that is suitable for development of low intensity day uses to help direct users to low impact areas. Suitable development might include better definition of the trail system, fencing, development of an overlook and picnic areas. Additional planning to protect these areas while maintaining uses will be required by City and State parks. • Fishing is popular between Sullivan Bridge and Mirabeau Point. Informal trails lead to the fishing areas. Future Use Areas: During this review of river corridor access and users the following areas were noted as possible areas that could benefit access to the SRCT and the river in the future. • Completion of mining activities at the Sullivan Road gravel pit is not expected in the near future but when completed a 160 acre cold water lake will exist. This lake is a window into the Spokane aquifer and uses will need to be limited to protect the region's water supply. The combination of a large lake adjacent to the river corridor provides an URSCity Council Draft COSV Public Access Plan, March 12, 2013 14 SECTIONFOUR SHORELINE CONDITIONS opportunity to increase access to the north side of the river; including the large beach by Sullivan Hole and for economic development of the strip between the lake and the river. • The undeveloped land east of Mirabeau Point is zoned mixed use. Additional access close to the Union Pacific railroad Bridge should be considered when developed. A new SRCT/river access near this location would provide access to the SRCT, the Zoo Wave and adjacent day use area, and linkage to the COSV Millwood trail currently under design. • There is no direct SRCT access from the Pinecroft property. Depending on the type of development an additional public access point may be appropriate for users in this area to access the SRCT. 4.3 Segment 3 —Trent Avenue to Coyote Rocks Character of the River Corridor: The river corridor through this segment is characterized by well vegetated, high steep bank, decreasing in elevation at Myrtle Point, Plantes Ferry and Coyote Rocks. Myrtle Point park is an undeveloped park owned by the COSV is located in this river segment. Through much of this segment river corridor uses are isolated from the adjacent uplands. Due to the steep banks and the Myrtle Point Park, the character of this segment is not expected to substantially change. Access and Use of the River Corridor: Through much of this segment the COSV has jurisdiction on only the south bank. Land uses along this segment include the City's Myrtle Point Park and the Coyote Rocks residential development. Recreational use is relatively heavy at the beaches by Coyote Rocks with access from the Plantes Ferry SRCT parking lot is located on the north bank (Spokane County jurisdiction). The only legal access to the south bank from within the COSV is at Trent Avenue. Access from the residential areas to the south is difficult due to the lack of public parking and a legal access to the SRCT and Myrtle Point. The nearest commercial area for services (food, drink, gas) is along Trent Avenue. Most users enter this area from the north side Plantes Ferry Parking lot. Key Use Areas: Key use areas are: • Myrtle Point is located on the south bank of Plantes Ferry and is undeveloped. The area is used for swimming and fishing. The area should remain as a conservation area due to its connection with the highlands to the north but is appropriate for development of low intensity day uses such as picnicking and swimming. Access to the area from neighborhood to the south should be improved and the area has been identified as needing boat access to fill in a gap of the Spokane River Trail. • The Trent Avenue access has potential to direct users to the river corridor. Trent is a high traffic road and an inviting entrance to the river would be suitable here. URSCity Council Draft COSV Public Access Plan, March 12, 2013 15 SECTIONFOUR SHORELINE CONDITIONS 4.4 Segment 4—Orchard Avenue Area Character of the River Corridor: The river in this segment is impounded by Upriver Dam and is lake like. Through this segment the COSV has jurisdiction on only the south bank. This segment is almost entirely residential. The residential properties extend to the river and are generally fully developed to the waters edge. Access and Use of the River Corridor: Uses include swimming, fishing and boating. This is the only shoreline within the COSV that is suitable for docks and motor boats. There is no public access located in this area of the city. Key Use Areas: • There are no public key use areas within this segment. URSCity Council Draft COSV Public Access Plan, March 12, 2013 16 SECTIONFIVE PUBLIC ACCESS PLAN 5. PROPOSED SHORELINE ACCESS AND USER IMPROVEMENTS As described above, the Spokane River corridor has significant existing public access opportunities. Based on current information, these existing access opportunities are adequate to meet demand for current and anticipated future uses. This section addresses improvements to existing access and new access areas that may be proposed. When identifying potential future access improvements, the COSV acknowledges the efforts of Washington State Parks and the City Parks department to balance development of recreational opportunities against preservation of the natural environment that is important to the recreational experience. Accordingly, COSV seeks to implement the preferred approach of Washington State Parks and Friends of Centennial Trail goal of limiting proliferation of uncoordinated, multiple access points and instead focusing improvements on existing access points or developing new day use areas or access points at select, appropriate planned locations. The proposed improvements described below have been developed from comments received at public meetings and from communications with user groups and with park managers. Proposed improvements are consistent with proposed shoreline Environmental Designations, existing park management plans, and the preservation of high-quality conservation areas. Improvements to existing access areas and for the development of future use areas will need to comply with the Goals, Policies, and Regulations as adopted by the City. Figure 5-1 shows the location of these proposed improvements. Improvements to Existing Shoreland Access Access to the SRCT is good. Improvements to existing access points can include improvements to the existing parking areas to reduce maintenance, provide stormwater treatment, and provide ADA access. Additionally, improvements on existing access points can address other issues such as improved signage, ADA compliance or construction of new amenities at appropriate locations including public bathrooms, water fountains, benches, picnic areas, and paved parking. Table 5-1 provides a summary of proposed improvements to existing access areas commonly used to access the SRCT and the land within the shoreline. Table 5-1 Proposed Shoreland Access Improvements Access Proposed Improvements Barker Road- Pave, landscape and provide stormwater treatment for the existing gravel SRCT parking area. South Parking area and SRCT trail access are ADA accessible though the slopes to and on the trail appear to be steep. Barker Road- Increase parking for non-motorized direct river access. Purchase of additional property may be North necessary to provide sufficient parking when Barker Road is widened. Consider an ADA compliant path to the river put-in. Mission Ave Pave, landscape and provide additional parking, including ADA parking. Bathroom/changing room would be helpful. Sullivan Park Parking and amenities are sufficient. Provide a non-motorized ADA compliant river put- in/takeout when the new bridge is constructed. Due to the steepness of the bank an ADA City Council Draft COSV Public Access Plan, March 12, 2013 17 SECTIONFIVE PUBLIC ACCESS PLAN compliant access to the river will be difficult to construct and maintain. Mirabeau Parking and ADA access are good. Park Trent Avenue Pave,landscape,bathroom, signage for trail access. Myrtle Point Provide public access and parking from the south side. Improvements to Existing Direct River Access Direct river access is used for river floating, fishing, swimming, and kayak park and play activities. Floating the river is a popular activity for summertime innertubers and the whitewater community which includes kayakers, canoeists, and rafters. Existing boat accesses are not ADA compliant and it is difficult to launch larger rafts and drift boats using a trailer. The lack of a useable takeout at the west side of the city near Plantes Ferry/Coyote Rocks creates an impediment to boat use on the river. Table 5-2 provides a summary of proposed non-motorized access improvements that benefit river users. Table 5-2 Proposed Direct River Access Improvements Access Proposed Improvements Barker Road - See Table 5-1 and 5-2. North Mission Ave See Table 5-1 and 5-2. Sullivan Park Access to the river is difficult and high use has resulted in erosion. Provide better access for direct river uses. Mirabeau Park Access and signage adequate for use. Myrtle Point Support user groups and State Parks to identify and construct a non-motorized boat launch /Plantes Ferry in this area. City Council Draft COSV Public Access Plan, March 12, 2013 18 SECTIONFIVE PUBLIC ACCESS PLAN Spokane River —Future Use Areas Trail and river use is expected to increase in the future as populations increase and vacant land is developed within or adjacent to the shoreline jurisdiction. It may become appropriate to improve public access opportunities to address any unmet demand for access or to compensate for impacts to existing access opportunities. Any development of future access areas will need to be coordinated with both City and State Parks and located and designed consistent with the COSV's SMP. If additional new access areas are requested they must be designed for public access, including parking and signage. When considering potential future access improvements, the COSV will balance development of recreational opportunities against preservation of the natural environment that is important to the recreational experience. Consistent with Parks policies, COSV will limit proliferation of uncoordinated, multiple access points and seek to focus on new day use areas or access points at select, appropriate planned locations identified below. Table 5-3 includes proposed access improvements that have been identified as suitable areas to improve access to popular shoreline use areas while protecting more sensitive areas. The proposed new day use areas are located in disturbed areas or areas subject to development pressure that are suitable for development of low impact day uses. Low impact development of these sites, utilizing existing trails and dirt roads can be accomplished with little ecological impact to the shorelines. The development of these low intensity user areas will benefit the shoreline environment by directing shoreline users to areas that minimize disturbances to the shoreline vegetation. Table 5-3 Proposed Future Shoreline Day Use Areas Access Proposed Improvements Eden Road Currently used as neighborhood access. If the river bench alongside the river is developed into a day use area,opening Eden Road and providing parking is warranted. Mission Potential day use area at"Lions Park". Provide picnic tables,benches and improve signage. Ave/Lions Park Mirabeau-East New parking and access near the UP RR bridge to support access to the Zoo Wave and a potential day use area located on the river bench near the Zoo Wave. Mirabeau Park Provide day use area along heavily used rock and river,picnic tables and benches. Pinecroft Provide public parking and public access to the SRCT at the Pinecroft subdivision if warranted by development uses. Myrtle Point Provide/stabilize beach access,provide a day use area. Spokane River—Economic Development New development along or adjacent to the river corridor such as restaurants, recreational equipment stores, and similar enterprises attracts users and provides needed services. There are limited services available near the shorelines and potential development of gathering places at or near busy road corridors (Barker Road, Sullivan Road, Mirabeau Point, or Trent Avenue) could URSCity Council Draft COSV Public Access Plan, March 12, 2013 19 SECTIONFIVE PUBLIC ACCESS PLAN provide services for shoreline users. The shoreline is a sensitive environment with lots of public use and oversight. Any future development within the shoreline will need to be located in appropriate areas to avoid net loss of shoreline ecological functions and any ecological impacts associated with a new development will need to be mitigated. URSCity Council Draft COSV Public Access Plan, March 12, 2013 20 SECTIONSIX IMPLEMENTATION STRATEGY 6. IMPLEMENTATION Public access improvements within the shoreline may be proposed by applicants including public agencies. These voluntary public access improvements if requested and constructed as part of a proposed development should be consistent with this plan and with the SMP and must benefit the community. New shoreline public access should be integrated into the platting and site development planning process. In general, the COSV chooses to implement the approach of Washington State Parks and Friends of SRCT of discouraging uncoordinated, multiple access points, and, instead, focusing any improvements on existing or planned locations identified in this document in order to maintain the integrity of the river corridor, the SRCT and its natural surroundings and to facilitate the flow of traffic along the SRCT and Spokane River. Areas identified in this plan for access and use improvements are located in part on public lands. Implementation of proposed access improvements will therefore require that the COSV coordinate with State Parks. It is expected that any planning and implementation of publically funded improvement projects will be coordinated through each parks capital improvement plan. In addition to voluntary improvements proposed by applicants, state shoreline regulations require private projects to provide public access in certain circumstances. However, the regulations acknowledge limitations on the requirement to provide public access. First private projects are not required to provide access on-site when a public access plan supports more effective public access opportunities. As identified above, this plan identifies planned locations for future access to discourage proliferation of multiple uncoordinated accesses such that on-site access will not typically be required unless consistent with the improvements identified in this plan. Second, private projects are not required to provide access if the requirement would violate constitutional or other legal limitations. The most critical constitutional limit on development conditions requiring public access is the doctrine of "regulatory takings," which requires local government to show a "nexusi5 and "rough proportionality"6 for such conditions (also known as the "Nollan/Dolan" analysis). These principles, which originated under a federal constitutional takings analysis, have similarly been applied in a Washington constitutional context. Based on these constitutional principles', access can be required of private property owners in the 5 The City must show that an"essential nexus"exists between a legitimate state interest and the permit condition. The focus here is on the nature of the permit condition and the need to show that its nature is related to an adverse impact of the proposed development. 6 To comply with the requirement of"rough proportionality,"the City must show that the degree of the exactions demanded by the permit conditions bears the required relationship to the projected impact of the proposed development. The focus here is on the degree of the permit condition and the need to show that its degree is related to the extent of the adverse impact. Public access conditions may raise other constitutional issues, such as substantive due process and equal protection,but the takings evaluation outlined above typically addresses most issues related to public access. A publication providing guidance on these and other legal issues has been produced by the Washington Attorney General's Office. Public access policies and regulations proposed by the City should be evaluated under the takings framework described in the Attorney General Guidance to satisfy the requirements of RCW 36.70A.370. URSCity Council Draft COSV Public Access Plan, March 12, 2013 21 SECTIONSIX IMPLEMENTATION STRATEGY shoreline context if demand for access exceeds current capacity' or if existing access opportunities are impaired.9 As described earlier, it is not anticipated that development within the shoreline will create a demand that exceeds existing capacity because existing access to the shorelines within the COSV is generally good and current information suggests that these existing access opportunities are adequate to meet demand for current and anticipated future uses. However, if a private project proposes to remove or impact existing public access (physical or visual), then the City will typically impose a condition related to public access to mitigate this impact to a degree similar to the impact to existing public access that is created by the proposed project. 8 For example,if a private project increases the demand for public access to shorelines,then the City can typically impose a condition related to public access to mitigate this impact,again,to a degree that is proportional to the amount of increased demand. 9 For example,if a private project proposes to remove or impact existing public access(physical or visual),then the City can typically impose a condition related to public access to mitigate this impact to a degree similar to the impact to existing public access that is created by the proposed project. URSCity Council Draft COSV Public Access Plan, March 12, 2013 22 FIGURES URSCity Council Draft COSV Public Access Plan,March 12, 2013 +1 s .\ - Plante's Ferryr a, y ".? ) ■1• Centennial Trail/ '" 1 ss .I 111 R • 1a , - 1 r. • 1 River Access �,:'_.,, �. `- / ., �� _ y .ii_ _...7 _ . 7 '; . . _ 1 - 1 ' ',.; . NO': . ,,,,` „loll J _ ■■ ' .""ray! y Mt ``,, - ', _1 wl..�-a' '{ �I n�om 'mil t - Illr .Trent Aver . -•> _ I� w" -� ■. I . 111311=1. , `�� a Centennial Trail Access . r kk--=F'� ,• III •. rah r ' �p�e t N ,NE r t P Mirabeau Point .� t. �'■-: 1 • a .- F mm rail Access k ~ '.1 ._ ` Centennial T / �' >�1_ � � �� Ii :+ - .:. . r 5?' f � N.,,, State Park _ s m " -r* Y .q s Barker-North k Wiz= ;r _ 4 Flora-North , River Access it . W4; ,`::'; — " ' ,� , River Access d �If„di 'I�1►4,�� . 1 . w■ , * • .. s :_ • u '/ I ,��m pis 1 r $' • it ��C ow . •'1rl l'. 1, l Y I, r 141 ill ...... ' _ _ ,• Sullivan Park • Barker-South sfr ,, 9 7' �' t 1' I ' INOIANAAVE ,_. �� Centennial Trail/ I Flora-South m Centennial Trail �i:. .m _ River Access Centennial Trail Access . . _r Access � 11t�11 - 1- al VI - -_ _ 1��4 �___ - — , l VII a + i Y C ■ . ti 4-.3 °� Yra I-�Yi•. �. MISSION AVE � _ __-- _ - 40, v tit.�,�{�_ rrr {.: -- K tl 1. mis ;• - x 'x,--.., •-}._ � 'ry ." . f R �,Y• Fay I 1 AVE ` _ 'tr., a --. t a j 1 Mission Ave f IR' - i' * • } , 'N Centennial Trail/ ; Y �. - River Access i''' a ' • . •v � V • • r •ir Map Features N Figure 3-1 Existing Public Access Centennial Trail w r y Spokane River � Cit of Spokane Valley Jurisdiction Boundaries c Public Access Plan Lot Lines I I I Shoreline Master Program Update Existing Public Access 0 3000 6000 November 2012 UMFeet _ - '1 YS y - - IILL . Myrtle Point Y'. e City Park - a Coyote Rocks • ` '' . , f Swimming Area — ®,. •• '` T ._?11 i _ p 'Or' i i ' r r f 1 i .r • , _ -- $ .c gt Vals.A .• . : , -."'"'f- _ IrliP* ', '-''r14% ' . - -". :—. _ �y= ' or 4 ® � a . ., S y :.e sk _�� 1'; � . "ti I 1 ' 0 f• �A Mirabeau Point — ;; ; ,L.„; , J!i"1 ,, Wave i. :-' •H_____—l;;lllI( -.- r': 1 �■ Zoo W Sulhivan H Td 1 um i' r Hole Beach 'OAP T:;i %%i '. s '` ta ' \ Flora Road Beach '� 1 Sullivan Park Beach „ += A North C �t .., t� f- IY . Park I Mini Climax Wave - • \ I &South °: _ .. 3 '� !� �! r =- -�' INDIANA AVE ar.._ Sullivan ''• IIyy -- , Sullivan Hole Wave ® • F# • r r�r M r " III• - •.. "' • �` T G" - \ `• - x. ® r '-r •. - MISSION AVE - - r'.} s' 3 Ir —_nom � •■ d .�. •- 1 .w � �T l .. •... ; . iif. -?, : ' , -, f 'r{.•'1., 1... I 1,-, }.illir ,,,, . _. . ' .._.... , _ 1 .. _W iiiiiH•:-= ___ __ _ 1,.„:1;._;..wfrili_____._1....46.7.:._::: .,:r.,,,_„: ,-.__ r 1 aw.f I _. ., .. . . .. . . ___ 11=3, _..,“ . . . . . .,.. _ .- �� J . r. T t., t ' f , - - • BROADWAY AVE - ' ' - s.-'I :1 _ a - . . r : ■A r `{ 1 ,. . ,f ,+- ',1,:. . - s• d o r r..w Map Features N Figure 3-2 Major Use Areas Centennial Trail w � r City Spokane River Cit of Spokane Valle N. Jurisdiction Boundaries c Public Access Plan Lot Lines I I I Shoreline Master Program Update Existing Public Access 0 3000 6000 November 2012 UMRecreation Sites Feet 1 _ - ,:' }s•• sig. Public Access Myrtle Point I r r,. cl" ,Y" From the South Day Use Area '' , ,, 44 Plante's Ferry `' � - ! r #; i a 6 4 "' T11 ...(Others) .._ �,' •1 _._ .4 ,r 1 Eden Road Ir. ' _ - Day� Da Use Area �� ' (Future)Trent Ave , o - AVE EUCLID ., 4 - .al - Z DE MI �� Pinecroft ?-• .� 3 �� I _ - (Future Access) s y,°"" 1 �� s,i4 iii S ,... . -1 MINIM] , .■ ,4. s _- r ■ r. 1� - � 4 v-P T 0. - n _ -,.-174..A;..,...- _ - .. Sullivan Road r i' r ° ♦o��, ♦♦♦� 1 ;: r • III►fir • Gravel Pit ~- ,•, w % g 1, .. _ Miray eau Point (Future) I — �•: �■ aA it', �' "'�•, i Da Use Area �� , !.00�n�� E - - «,":` e 1 Barker Road North` �� , r s, : , I ._ �- Sullivan Hole ,y: • 1, r ♦ – Mirabeau East `f (Increase Parking, r n.t Beach Access '. �`'"� -� r Day Use Area ADA Accessible Boat Launch .I c . x. H - - : - -- y / (Future) t Launch) • w ' : _ -. A. .' , --A, INDIANA AVE • ` `�+ Barker Road South , (Future) •� r� A e *� (Pave and Landscape) "''.i(( t 1 ! ... Sullivan Park Beach ,* _ `• � (P ape �•' k,ll .. T – d B Launch) - i . . :•. (Provide Sullivan aaunch) �' ,_ .. .... F� t� -s # rmssloN avE - �,.. -- d . - '- \ 1'Mission Road '` ,•'` r='• • `_, ti 1, Day Use Area ^:',E "w: y tS , 4,t.e s1'`d *, ,,�.t y lr yr : MSSroN� =�, (Pave, Increase Parking, Bathrooms) w t - F I w. . y, a i∎SL t 1� `-fir.< Q9 'Ry w. �' t Lion's Park ILi t ��> .; t DaylUse Area - '1r c""� ' - 33 rrvyyy (Future) - - - -- �'rfi 1 �ici• i _ 1. _ o rS 1. r • a 0 r• -_.: � -.•`. a • Li - .cs s' - i .�-a , - I �- , - -. ,t, - t ' : �� x 1..... i 1° a w® a ,^ , - :. �•, ,I:._ - ' •, -r u r ^ • I • - 401 , !' ADIVAV AVE •n • -' '' .. - , - - • ,. • *a .fir .�r , B ' 1 Figure 5-1 Public Access Plan Map Features N Centennial Trail w'4 r Y Skane River Cit of Spokane Valley vi — Jurisdiction Boundaries c Public Access Plan Lot Lines I I I Shoreline Master Program Update Access Boundaries 0 3000 6000 November 2012 Existing Public Access Feet UM CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: March 12, 2013 Department Director Approval: Check all that apply: ❑ consent ❑ old business ® new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Motion Consideration: 2013 SRTC CMAQ/TA Calls for Projects GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: Adopted the 2013-2018 Six Year TIP on June 26, 2012; Info Memo in February 19th, 2013 Council Packet; Admin. Report on Preliminary CMAQ/TA project list at March 5th, 2013 Council Meeting BACKGROUND: The Spokane Regional Transportation Council (SRTC) issued a 2013 Call for Projects on March 1st, 2013 for the allocation of federal transportation funding for both the Congestion Mitigation & Air Quality (CMAQ) and Transportation Alternatives (TA) programs for the years 2014-2017. This call for projects is the result of Congress' passage of a new federal transportation bill called Moving Ahead for Progress in the 21st Century (MAP-21). Approximately $20 million in CMAQ funding and $2.2 million in TA funding will be available for the Spokane region for the next four years. Pre-applications for the CMAQ program are due Monday April 1st, 2013 as a threshold review for project eligibility. Final project applications for both the CMAQ and TA programs will be due Tuesday, April 30th, 2013. A summary of each program is shown below. Approx. Funds Available 45% $9 Million Traffic Flow Improvements Intelligent Transportation Systems (ITS), Intersection or corridor improvements (turn lanes, signal coordination, Traffic Management Center) Travel Demand Management 40% $8 Million Commute Trip Reduction, Bike & Pedestrian, Transit, carpool/vanpool programs, public education and outreach activities, travel demand management programs PM10 15% $3 Million Paving gravel roads, street sweepers, diesel engine retrofits or fleet upgrades Total $20.0 Million Key CMAQ Scoring Criteria: • Air Quality Benefit (60 pts) —What is the projected benefit? Cost-benefit ratio? • Economic Vitality (10 pts) — Improves access to key destinations or major transportation routes and/or hubs. Population/Employment density. • Cooperation & Leadership (15 pts) — Is project consistent with regional and local planning documents? Agency coordination and cooperation? Public involvement? • Stewardship (15 pts) —Minimizes impacts to environment, ability to advance, previous funding? Does it serve low income and/or minority populations? TA Summary % Approx. Funds Available 100% $2.2 Million Eligible Project Activities: • Bicycle & Pedestrian Facilities • Facilities that provide safe routes for non-drivers (children, older adults, and individuals with disabilities) • Conversion and use of abandoned RR corridors for non- motorized trails • Safe Routes to Schools — Key TA Scoring Criteria: • Economic Vitality (15 pts) – Improves access to pedestrian generators, commercial centers, city/regional centers, transit access. Consistent with adopted local economic development/revitalization plan. Population/Employment density. • Cooperation & Leadership (10 pts) – Is project consistent with regional and local planning documents? • Stewardship (10 pts) – Minimizes impacts to environment, ability to advance, previous funding? • Quality of Life (10 pts)– Does it include elements that contribute to quality place making?, Does it support health promoting transportation options? • Choice and Mobility (30 pts) –Add or improve pedestrian facilities?, Add or improve bicycle facilities?, Improve Transit Access?, Expand modes of transportation?, Does it serve low income and/or minority populations? • Safety (20 pts) – Does it address known accidents and/or safety hazards? • Operations, Maintenance & Preservation (5 pts) –Will the completed project be maintained for the life of the project • Bonus (3 pts) – Demonstrated community support? Staff has been evaluating the proposed CMAQ and TA grant criteria to identify potential city projects to review with council. Information staff uses to develop this draft list of projects includes: • The 2013-2018 Six Year TIP • ITS Plan • Bike and Pedestrian Plan Proposed CMAQ Projects (in order of priority): 1. Appleway Trail, (University to Evergreen) 2. Appleway Trail, (Evergreen to Corbin) 3. Intelligent Transportation System (ITS) Projects a. Sullivan Corridor ITS (1-90 to SR 290(Trent)) b. Areas w/ Existing ITS Conduit i. Argonne/Mullan (Sprague to 1-90) ii. University (8th to 16th) iii. Broadway (Fancher to Park) 4. Park Rd Sidewalk (200-ft south of Sinto to Indiana) 5. Sidewalk Infill Projects, Phase 3 –Various Locations Proposed TA Projects (in order of priority): 1. Appleway Trail - University to Evergreen 2. Park Rd Sidewalk - 200-ft south of Sinto to Indiana 3. Bowdish Rd. Sidewalk - 8th to 12th 4. Bowdish Rd. Sidewalk - 12th to 16th 5. Indiana Ave. Sidewalk— Pines to STA Park & Ride 6. Sullivan Rd. Sidewalk - 4th to 16th The CMAQ/TA Call for Projects will also be the first application cycle that SRTC will require the new Safe and Complete Streets Checklist form to be completed with each project application. The checklist was developed last year by SRTC as a threshold requirement for future projects to ensure that a `holistic' approach to street and non-vehicle projects is considered during project development OPTIONS: 1) Approve the list of recommended projects for CMAQ/TA grant applications as presented, 2) Revise the list of projects for CMAQ/TA grant applications, or 3) provide additional direction to staff. RECOMMENDED ACTION OR MOTION: Move to authorize application for CMAQ and TA grants for the projects presented above. BUDGET/FINANCIAL IMPACTS: Project costs are currently being developed in more detail for each project. The City's match on these CMAQ and TA grants is 13.5% of the total project cost. An initial review of the projected REET funds through 2016 appears to indicate sufficient funds to provide the city's match for the recommended projects. STAFF CONTACT: Steve M. Worley, PE — Senior Capital Projects Engineer Inga Note, P.E. — Senior Traffic Engineer ATTACHMENTS: CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: March 12, 2013 Department Director Approval: Check all that apply: ❑ consent ❑ old business ® new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: MOTION CONSIDERATION: Sullivan Road Street Preservation Project #0174 - Bid Award Phase 1 2013 Street Preservation Projects GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: March 27, 2012 council approved the Pavement Management Plan Update for 2011; October 30, 2013 council approved the 2013 Budget which included $2.054 million for street preservation projects in 2013; Info Memo on March 5, 2013. BACKGROUND: Council approved the Pavement Management Plan Update for 2011 which included a list of recommended street preservation projects for 2013. Council also approved the 2013 Budget which included $2.054 million for street preservation projects in 2013 and the list of proposed projects was included in the budget. Staff prepared plans, specifications and a bid package for the Phase 1 2013 Street Preservation Projects, which includes two Sullivan Road Projects; Indiana to Euclid and Euclid to Trent. Bids were advertised on February 22 and March 1, 2013. Bids are scheduled to be opened on Friday, March 8. A copy of the bid tabulation will be provided at the council meeting. OPTIONS: 1) Award the contract to the lowest responsive and responsible bidder, 2) not award the contract, or 3) provide additional direction to staff. RECOMMENDED ACTION OR MOTION: Move to award the Sullivan Road Street Preservation Project #0174 to in the amount of $ and to authorize the City Manager to finalize and execute the construction contract. BUDGET/FINANCIAL IMPACTS: Council approved $2.054 million in the 2013 Budget for the 2013 Street Preservation projects. STAFF CONTACT: Steve M. Worley, Senior Capital Projects Engineer ATTACHMENTS: Bid Tabulations to be provided at the Council meeting ttSV-FS2tUserslrncalhounlCity DepartmentslFinancelCity Ha1112013-2017 lease extensionlRCA 2013 03 12 City Hall lease extension.docx CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: March 12, 2013 Department Director Approval: ig Check all that apply: ❑ consent ❑ old business xi new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Motion Consideration: City Hall Lease Extension GOVERNING LEGISLATION: None. PREVIOUS COUNCIL ACTION TAKEN: The Council heard an Administrative Report on this topic at the March 5, 2012 Council study session. BACKGROUND: The City entered into an initial lease with Northwest Christian Schools for City Hall space at the current site in January 2003 and the lease has been extended several times with the current extension running for the three-year period April 1, 2010 through March 31, 2013. The City currently leases a total of 28,236 square feet of space including: • 22,646 square feet in the Clocktower Building (housing all City services except the permit center) where we currently pay $18.30 per square foot per year for an annual total of $414,433.68. • 3,290 square feet in the side building which houses the Permit Center where we currently pay $14.93 per square foot per year for an annual total of$49,109.40. • 2,300 square feet in the side building which serves as warehouse space where we currently pay $4.37 per square foot per year for an annual total of$10,053.12. • All totaled, our annual cost in this final year of the lease will equal $473,596.20. • An additional charge we incur is a quarterly common area maintenance (CAM) charge that totals approximately $5,000 to $6,000 per year. Recognizing our lease term is set to expire on March 31, 2013, we have been in discussions with the Northwest Christian Schools property manager, Web Properties, regarding a lease extension, and have arrived at the following terms: • A 4-year lease extension running from April 1, 2013 through March 31, 2017. • A per square foot reduction of 18,4% in the first year of the lease extension which results in a first year savings to the City of$73,596.24. • A 2% increase in the lease cost in each of the 3 subsequent years. • The City will have the option to terminate the lease at the end of the 36th month (March 31, 2016) by providing at least 6-months prior written notice to NW Christian Schools (by September 30, 2015). In the event the City exercises this option we will pay an additional $34,680 to NW Christian Schools upon termination, which is equivalent to one lease payment computed at the third year rate). • At the request of the City, NW Christian Schools will pay 50% of the cost of materials and labor for carpet replacement with the City paying the remaining 50% plus all costs associated with moving and replacing furniture, OPTIONS: 1) Approve the lease as presented, or 2) provide additional direction to staff. 1 11SV-FS21UserslmcalhounlCity DepartmentslFinancetCity HalA2093-201 7 lease extenslonIRCA 2013 03 12 City Hall lease extension.docx RECOMMENDED ACTION OR MOTION: "I move we approve the lease extension agreement with Northwest Christian Schools for the four year term April 1, 2013 through March 31, 2017." BUDGET/FINANCIAL IMPACTS: The 2013 General Fund Budget includes $495,000 for the lease of City Hall, which represented a 3% increase over the 2012 Budget of $480,000. Assuming the lease is approved by Council the actual lease cost will be $95,000 less. The actual savings will be somewhat less because we will still be assessed the common area maintenance (CAM) fee. STAFF CONTACT: Mark Calhoun ATTACHMENTS: • Comparison of the financial impact of the current lease to the proposed lease extension. • Copy of the proposed lease extension contract for the period April 1, 2013 through March 31, 2017, plus the initial contract dated January 29, 2003; and all subsequent extensions dated March 15, 2005; July 1, 2006; November 1, 2007 and December 15, 2008. 2 11SV-FS21Users\mcalhoun\City Departments\Finance\City Hall\city hall lease amounts CITY OF SPOKANE VALLEY,WA 3/6/2013 Lease of City Hall Space from Northwest Christian Schools Comparison of Current Lease with Lease Extension Current Lease Square Current Lease Rate Cost per:5 uare Foot Expire$-March1,2013 Footage. Monthly . Annual: : . Monthly �Innual- 3 Premises Leased Suites101, 103, 104, 105, 106,304 22,646 $ 34,536.14 $ 414,433.68 $ 1.53 $ 18.30 Suite 5-3 3,290 4,092.45 49,109.40 1.24 14,93 Suite B-4(warehouse) 2,300 837.76 10,053.12 0.36 4.37 28,236 $ 39,466.35 $ 473,596.20 1.40 16.77 4 Year Lease Renewal - April 1,2013-March 31, 2017 - Per square foot reduction of 18.40%in first year of lease. - 2%increase per year in each of the 3 subsequent years. - City will have the option to terminate the lease at the end of the 36th month (March 31,2016)by providing at least 6-months prior written notice(by September 30,2015)to NW Christian Schools. In the event the City exercises this option we will pay$34,680 to NW Christian Schools upon termination (this is equivalent to one lease payment computed at the third year rate). - NW Christian Schools will pay 50% of the cost of materials and labor for carpet replacement with the City paying the remaining 50%plus all costs associated with moving and replacing furniture. Year 1 Square Proposed Lease Rate Cost"per 5 uare Foof April 1,2013 through March 31,2014 , Footage Monthly . f I Annual Monthly i J Annual, Premises Leased Suites101, 103, 104, 105, 106,304 22,646 $ 29,169.25 $ 350,031.00 $ 1.29 $ 15.46 Suite B-3 3,290 3,456.50 41,478.00 1,05 12.61 Suite B-4(warehouse) 2,300 707.58 8,490.96 0.31 3.69 28,236 $ 33,333.33 $ 399,999.96 1.18 14.17 $ 6,133.02 `$ `73';596.24:'=saved rn initial year Year 2 April 12014 through March 31;'2015 Premises Leased Suites101, 103, 104, 105, 106, 304 22,646 $ 29,752.64 $ 357,031.68 $ 1.31 $ 15.77 Suite 5-3 3,290 3,525.63 42,307.56 1.07 12,86 Suite B-4(warehouse) 2,300 721.73 8,660.76 0.31 3.77 28,236 $ 34,000.00 $ 408,000.00 1.20 14.45 $ 5,466 35 .':$ 65,596 20.:=saved.in.second year:; Year 3 April 1,2015 through March,31,2016 Premises Leased Suites101, 103, 104, 105, 106, 304 22,646 $ 30,347,70 $ 364,172.40 $ 1.34 $ 16.08 Suite 5-3 3,290 3,596.14 43,153.68 1.09 13.12 Suite B-4(warehouse) 2,300 736.16 8,833.92 0.32 3.84 28,236 $ 34,680.00 $ 416,160.00 1.23 14,74 $ 4,786.35 ';$ 57;436 20 sa.ved.in third:;year Year4 April 1,2016 Through March 3,1;2017 . . Premises Leased Suites101, 103, 104, 105, 106, 304 22,646 $ 30,954.66 $ 371,455.92 $ 1.37 $ 16.40 Suite B-3 3,290 3,668.06 44,016.72 1.11 13.38 Suite B-4(warehouse) 2,300 750.88 9,010.56 0.33 3.92 28,236 $ 35,373.60 $ 424,483.20 1.25 15.03 $ 4;092 75 ;:$ , 49 113 00- saved in fourth year NW Christian School Numbers \\SV-FS2\Users\mcalhoun\City Departments\Finance\City Hall\city hall lease amounts CITY OF SPOKANE VALLEY,WA 3/6/2013 Lease of City Hall Space from Northwest Christian Schools Comparison of Current Lease with Lease Extension Lease Cost Summary for the 7-year Period April 1,2010 through March 31,2017: Lease cost from 4/1/2010 to 3/31/2011 $ 446,410 Lease cost from 4/1/2011 to 3/31/2012 $ 459,802 Lease cost from 4/1/2012 to 3/31/2013 $ 473,596 Lease cost from 4/1/2013 to 3/31/2014 $ 400,000 Lease cost from 4/1/2014 to 3/31/2015 $ 408,000 Lease cost from 4/1/2015 to 3/31/2016 $ 416,160 Lease cost from 4/1/2016 to 3/31/2017 $ 424,483 NW Christian School Numbers MV--FS21 Users lmcalhounlCi ty Departments IFinancel City Hal112013-2017 lease extension COSY Lease Extension Apr 12013 to Mar 312017.doex LEASE EXTENSION & EXPANSION AGREEMENT THIS AGREEMENT made this day of March,2013,by and between CITY OF SPOKANE VALLEY,whose mailing address,is 1 1707 East Sprague, Spokane Valley, Washington 99206,(hereinafter referred to as"Lessee"),and NORTHWEST CHRISTIAN SCHOOLS, a nonprofit corporation,(hereinafter referred to as"Lessor"); WHEREAS,The City Of Spokane Valley,as Lessee,and Northwest Christian Schools,as Lessor, entered into a Lease Agreements and renewals for Suites 101, 103, 104, 105, 106,304, Suite B-3 and B-4 warehouse space as noted below, a copy of which is attached hereto as Exhibit"A;"and WHEREAS,the term of the Leases expires on March 31st,2013. WHEREAS,The Lessee desires to continue said lease for an additional Four(4)Years beyond the end of its current term under the same terms and conditions set forth in said lease,as amended herein. NOW,THEREFORE,for and in consideration of the recitations set forth,the terms and provisions herein contained,and the mutual benefits to be derived here from,the parties do hereby contract,covenant and agree as follows: 1. Extension of Lease. The Leases,attached hereto as Exhibit"A"(including extensions dated March 15,2005;July 1,2006;November 1,2007 and December 15,2008)and incorporated herein by reference,is hereby renewed for a Four(4)Year term,beginning on April 1,2013 and terminating on March 31st,2017. The Lessee covenants and agrees to comply with all the terms and conditions of said Lease,as herein amended, and to be bound thereby and to pay all rent in the manner therein provided. 2.Premises Leased. Lessee is leasing 22,646 square feet within the Clocktower Building,noted as follows: Suites 101,103, 104, 105, 106 and 304.As well as Suite B-3 consisting of 3,290 square feet of office space and B-4,2,300 square feet of warehouse space in the west wing building. All as shown on Exhibit`B"attached hereto. 3. Amendments to Lease. Lessee and Assignee hereby agree to amend certain provisions under the Lease as follows: a. NNN Charges. Property Taxes,Utilities,Maintenance,Insurance,Administrative& Common Area Maintenance shall continue to be paid by Lessee for Suite B-4 as follows:2,300 sq.ft.of 42,672 total CAM sq.ft,or 5.389%of building premises. CAM charges are billed quarterly. b. Rent: Monthly rent for the period of April 2013 through March 2014 shall be as follows: Clocktower Suites: $29,169.25 B-3: $ 3,456.50 B-4(base rate): $ 707.58 Total Monthly Rent: $33,333.33 Monthly rent for the period of April 2014 through March 2015 shall be as follows: Clocktower Suites: $29,752.64 B-3: $ 3,525.63 B-4(base rate): $ 721.73 Total Monthly Rent: $34,000.00 1 is: 41SV-FS24Userslrncalhoun4Ci n De P artmentslFinancelCi Ha12013-2017 lease extensionlCOSV Lease Extension Apr 12013 to Mar 312017.docx Monthly rent for the period of April 2015 through March 2016 shall be as follows: Clocktower Suites: $30,347,70 B-3: $ 3,596.14 B-4(base rate): $ 736.16 Total Monthly Rent: $34,680.00 Monthly rent for the period of April 2016 through March 2017 shall be as follows: Clocktower Suites: $30,954.66 B-3: $ 3,668.06 B-4(base rate): $ 750.88 Total Monthly Rent: $35,373.60 c. Option to Terminate. Lessee shall have the option to terminate this lease at the end of the 36th month(March 2016)by providing at least Six(6)months prior written notice to Lessor. Lessee shall pay$34,680.00 to Lessor upon termination for the right to exercise this option. d. Carpet Replacement. Lessee may request that some or all of the carpets be replaced in the leased premises. In that event,Lessor and Lessee shall work together as to timing and locations to be re-carpeted, The Parties shall split the cost evenly of the materials and labor to remove and replace the carpet,however the Lessee shall pay for all cost associated with moving and replacing furniture. Lessee shall use chair mans to protect the new carpet once installed. Except as modified herein all other terms and conditions of said Lease shall remain in full force and effect. 4.Waivers,Modification or Amendment. No waiver,modification or amendment of any term or condition of this Agreement shall be effective unless in writing, and no waiver or indulgence by either party or any deviation by the other party from full performance of this Agreement shall be a waiver of the right to subsequent or other full,strict,and timely performance. 5. Merger Clause. This Agreement and the Lease Agreement attached as Exhibit A express the full and final purpose and agreement of the parties and will not be qualified,modified or supplemented by course of dealing,usage of trade,or course of performance. There are no verbal agreements which qualify, modify or supplement this Agreement. 6. Counterparts. This Agreement may be executed in two or more parts,each of which shall be deemed an original,but all of which together shall constitute one and the same instrument. 2 Is: 1157--FS21 Userslmcalhoun\City DepartmentsTinancelCity Ha1112013-2017 lease extension4COSYLease Extension Apr 12013 to Mar 31 201 7.docx IN WITNESS WHEREOF,the parties hereto have set their hands this day of 2013. LESSOR LESSEE NORTHWEST CHRISTIAN SCHOOLS CITY OF SPOKANE VALLEY BY: BY: ITS: BY: ITS ITS: Executed On Executed On ADDRESS FOR NOTICES AND RENT ADDRESS FOR NOTICES Northwest Christian Schools,Inc. City of Spokane Valley C/o WEB Properties,Inc. 11707 E. Sprague Suite 106 P 0 Box 21469 Spokane Valley,WA 99206 Spokane,WA 99202 3 Is: li c Spokane ' `.ey Contract No. CO3-'( Approved: Se.,n�arei I tai�Vd • COMMERCIAL LEASE WITHIN CLOCK TOWER PROFESSIONAL BUILDING THIS LEASE, made and entered this off, day of. January, 2003, by and between 1 Northwest Christian Schools, a non-profit corporation, whose mailing address is 5104 E. Bernhill Rd., Colbert, WA 99005 hereinafter referred to as Lessor; and the City of Spokane ! Valley, whose mailing address is 11707 East Sprague, Spokane Valley, Washington 99206, hereinafter referred to as Lessee. WITNESSETH: For and in consideration of the mutual promises contained herein, the parties covenant and agree as follows: 1. LEASED PREMISES. Lessor does hereby demise, let and lease unto the Lessee, the following described property or portion of property hereinafter referred to as "Leased Premises": Suites 101, 105 and 106 situated in the West portion and East One- Half of the first floor as shown on Exhibit "A", being part of the Clock Tower Professional Building at Redwood Plaza shown as the building together with the non-exclusive right to use the parking areas in common with the owner, occupants, users and visitors of the building premises, at 11707 East Sprague Avenue, Spokane Valley, Washington 99206. Suite 101 consisting of approximately 1,924 square feet of net rentable area, Suite 105 consisting of approximately 3,350 square feet of net rentable area, and Suite 106 consisting of 10,666 square feet of net rentable area. Total net rentable area is approximately 15,940 square feet. Said building is situated on a portion of the East One-Half of Tract 153 and the West One f•Talf of Tract 154 of SPOKANE VALLEY, in the County of Spokane, State of Washington. Said Premises shall also include the parking lot area located north of the Clock Tower Professional Building that is presently surrounded by a fence,hereinafter "Restricted Parking." 2. TERM. The term of this Lease shall be four (4) years and four (4) months, commencing on November i, 2002 and ending February 28, 2007. In the event occupancy occurs in the middle of any month, rent for the first month shall be prorated to the first day of the next succeeding month and thereafter, all rental payments shall be due and payable on the first (1st)day of each month. CO3-09 3. RENT. Lessee covenants and agrees to pay to the Lessor at WEB Properties, Inc. 140 S. Arthur, Suite 510, Spokane, WA 99202, or to such other place as the Lessor may , hereafter designate, monthly rental in the amount of and due and payable on the first (1st)day of each month as noted. A late fee of five percent (5%) of rental amount will be added should payment not be received by the tenth (10th) day of each month. This is a gross lease and includes all costs for the subject Leased Premises and common areas. Rent for the Leased Premises shall be as follows: A. The rental for the first four (4) months of this Lease shall be at no charge, B. The rental for the twelve (12) month period commencing March 1, 2003 and expiring February 29, 2004 shall be Eighteen Thousand Eight Hundred Ninety Four and 21/100 Dollars ($18,894.21), per month payable in advance on the first (1st) clay of each month. C. The rental for the twelve (12) month period commencing March 1, 2004 and expiring February 28, 2005 shall be Twenty Thousand Eight Hundred Eighty Six and 71/100 Dollars ($20,886.71) per month payable in advance on the first (1st) day of each month. D, The rental for the twelve (12) month period commencing March 1, 2005 and expiring February 28, 2006 shall be Twenty Two Thousand Eight Hundred Seventy Nine and 21/100 Dollars ($22,879.21)per month payable in advance on the first(1st) day of each month. E. The rental for the twelve (12) month period commencing March 1, • 2006 and expiring February 28, 2007 shall be Twenty Four Thousand Eight Hundred Seventy One and 71/100 Dollars ($24,871.71)per month payable in advance on the first(1st) day of each month. F. For the first 12 months of this lease there shall be no charge for the use of the Restricted Parking. Thereafter, if Lessee elects to use the Restricted Parking, Lessee shall pay an additional one hundred dollars ($100.00) per month for use of the Restricted Parking. 4. USE OF PREMISES. The Leased Premises shall be used for commercial business purposes as permitted within a commercial business zone in Spokane County, Washington and all activities incident thereto and for no other purpose without the prior written consent of the Lessor first obtained. Lessee shall not use or allow the use of the Ceased Premises P:lemuit uttachunents\Coninmecciai Lease 3 1,iinnl city luall.doc 2 in any manner that causes damage to the real property or improvements, nor shall Lessee use or allow use of the Leased Premises in any manner for any illegal purpose. Lessee shall comply with all governmental rules, orders, regulations, or requirements relating to the use and occupancy of the Leased Premises. 5. RULES AND REGULATIONS. Lessor reserves the right to promulgate such reasonable rules and regulations ("Rules and Regulations") relating to the use of parking areas as it may deem appropriate and for the best interest of the tenants, and Lessee agrees to abide by such rules and to cooperate in the observance Thereof. Such Rules and Regulations shall be binding upon Lessee upon delivery of a copy thereof to Lessee provided the Rules and Regulations may not change or modify terms or covenants in this Lease, If the terms of the Rules and Regulations contradict any provision of this Lease, the terms of the Lease shall prevail. Said Rules and Regulations may be amended by Lessor from time to time with sixty (60) days' advance notice to Lessee. Any material violation of such rules and regulations by Lessee, its officers, agents, employees or subtenants will constitute a breach of this Lease and entitle the Lessor to claim a default thereunder in the same manner and to the same extent as any other default under the Lease. A copy of the Rules and Regulations, current as of the date of this Lease, is attached hereto as Exhibit "C" and by this reference incorporated herein. 6. REAL ESTATE TAXES. To the extent imposed, the Lessor shall pay all real property taxes,due or falling due on said Leased Premises during the term of this Lease. 7. LESSOR TO COMPLETE ALL LEASEHOLD IMPROVEMI1NTS. The Lessor shall complete all leasehold improvements in a first-class, workmanlike manner substantially in accordance with the plans and specifications which have been displayed to and shall be agreed upon between the parties to this Lease ("Leasehold Improvements"). The preliminary plans and specifications are set forth on Exhibit "B". All alterations, physical additions or improvements in or to the Leased Premises shall, when made, become the property of Lessor and shall be surrendered to Lessor upon termination of the Lease, either by lapse of time or otherwise, provided, however, this clause shall not apply to fixtures, equipment or furniture owned by Lessee and as otherwise provided in Section 18. 8. MAINTENANCE. Lessor shall maintain in good condition, the improvements on the real property, including the parking lot, leased pursuant to this Lease. This shall include • any and all maintenance required to keep the improvements on the real property, including the • r;lcrosil nunchmemslCoInmercial Lcnso 31,1mat city 13all.doc 3 parking lot, which is the subject matter of this Lease,in the same condition, less normal wear and tear, casualty, condemnation and repairs required to be made by Lessee, as of the date of 'commencement of this Lease. 9. PARKING AND PARKING LOT MAINTENANCE. The Lessor shall keep and maintain the parking lot, landscaping and Restricted Parking in a neat and clean condition and repair at all times including snow removal during the winter season. Lessee agrees that there • shall be no vehicles left overnight in the parking lot area by Lessee or any employee of the Lessee in order to prevent interference with the cleaning, maintaining and snow removal of the . parking lot area. Lessor shall reserve for exclusive use by Lessee ten (10) parking spaces on the north side of the Clock Tower Professional Building. 10. UTILITIES. The Lessor agrees to pay all charges for light, heat, water, sewer, garbage and all other utilities and services furnished to the Leased Premises except telephone. Lessor agrees to provide janitorial services sufficient to keep said Leased Premises and common area neat, clean and free of garbage and debris at all times. 11. ACCIDENTS AND LIABILITY. A. Neither Lessor nor its agents shall be liable for any injury or damage to persons or property sustained by Lessee or any others, in and above the Leased Premises. Lessee agrees to defend and hold Lessor and its agents harmless from any claim, action and/or judgment for damages to property or injury to person suffered or alleged to be suffered on the Leased Premises by any person, firm or corporation, unless caused by Lessor's negligence. 13. Lessor and Lessee each agree to maintain bodily injury and property damage comprehensive public liability insurance on the Leased Premises in the minimum single limit of One Million and 00/100 Dollars ($1,000,000.00) and shall name Lessor as an additional insured. Lessee shall furnish Lessor with a certificate indicating that the insurance policy is in full force and effect and listing Lessor as an additional insured on the policy. C. Lessee shall, at its sole cost and expense, cause to be placed in effect immediately upon commencement of the term of this Lease, and shall maintain in full force and effect during such term, a fire and extended coverage insurance policy covering all Lessee's improvements, and its fixtures, equipment, furniture and inventory in the Leased Premises, on a full replacement cost'basis (no deductions for depreciation), insuring against risks covered by an extended coverage form policy. P;lemi<il ottachmcnts\Commerciat Lease 3',final city ftall.doc 4 O. Lessor shall cause to be placed in effect immediately upon commencement of the term of this Lease, and shall maintain in full force and effect during such term, a fire and extended coverage insurance policy covering all improvements, structures and their contents in the entire property of which the Leased Premises are a part, but not including Lessee's leasehold improvements, equipment, fixtures, furniture and inventory, on a basis satisfactory to Lessor's permanent lender or the holder of any first lien mortgage or deed of trust on the land and building, insuring against risks covered by an extended coverage form policy. 12. LIENS AND INSOLVENCY. Except as otherwise provided herein, Lessee shall keep the premises free from any liens arising out of any labor performed or materials furnished to, or any obligations incurred by Lessee, and shall hold Lessor harmless against same. In the event Lessee becomes insolvent, bankrupt, or a receiver, assignee or other liquidating officer is appointed for the business of Lessee,Lessor may cancel this Lease at its option. 13. SUBLETTING OR ASSIGNMENT. Except as otherwise provided herein, Lessee may not assign or sublet all or any part of this Lease, without Lessor's prior written consent, which consent will not be unreasonably withheld. 14. ACCESS. Lessor shall have the right to enter the Leased Premises at all reasonable times and upon three (3) days' written notice, except for emergencies for the purpose of inspection or of making repairs, maintenance or alterations, or to show the Leased Premises to prospective tenants sixty (60) days prior to the expiration of the term of this Lease. Lessor shall have the right to place a For Rent sign in connection with the premises for the sixty (60) days prior to the end of the term of this Lease. 15. POSSESSION AND GUM' ENJOYMIiNT. The Lessee shall be entitled to possession of the Leased Premises as soon as the same are ready for occupancy as hereinabove described and shall be entitled to continued quiet enjoyment of the Leased Premises during all periods under the term of this Lease, provided that the Lessee shall be in good standing and shall have paid all rent reserved under the Lease and performed all covenants agreed to be performed by the Lessee under the term of the Lease. 16. DAMAGE OR DESTRUCTION. In the event the Leased Premised are rendered untenantabic in whole or in part by fire, the elements, or other casualty, Lessor may elect at its option, within ten (10) days of the event not to restore or rebuild the premises and shall so notify Lessee, in which event Lessee shall vacate the Leased Premises and this Lease P;kmail n1tnchmenls\Conumercial Los 31,tinai city hall.doc 5 1 shall be terminated; or in the alternative, Lessor shall notify Lessee within ten (10) days after receiving notice of such casualty that the Lessor will undertake to rebuild or restore the Leased Premises, and that such work can be completed within ninety (90) days from the date of such notice of intent. If Lessor cannot restore or rebuild the Leased Premises within the said ninety (90) days, except for delays which are not the fault of the Lessor, then the Lease may be terminated at the Lessee's option by ten (10) days' written notice to Lessor. During the period that the Leased Premises are not tenantable, rent shall abate in its entirety. 17. SIGNS. The Lessee shall be permitted to have signage in connection with the occupancy of the Leased Premises. All signs or symbols placed by Lessee shall be subject to Lessor's prior written approval, which will not be unreasonably withheld or delayed. All signs shall be non-illuminated and shall be consistent with other signage placed upon the building or on any sign post established for the general use of all tenants within the building or using other building on the property common to the area. Signs shall generally conform to the size and type of sign currently used currently on the exterior of the Clock Tower Professional Building at the Redwood Plaza. At the termination of the Lease, the Lessee shall remove all signs, at Lessee's expense, placed in, on or about the Leased Premises and will repair any damage caused by the removal of said signs. If the Lessee has a sign in a common use sign post or board, Lessee shall place plastic in the sign at the termination of the Lease. 18. ALTERATIONS. Lessee may make alterations, additions and improvements in said Leased Premises, at its sole cost and expense after obtaining prior written consent of. Lessor, which such consent will not be unreasonably withheld, and employing'a contractor approved by Lessor. Lessor's consent and approval of contractor shall not be required for cosmetic repairs such as painting and carpeting. In the performance of such work, Lessee shall comply with all laws, ordinances, rules and regulations of any applicable public authority, and shall save Lessor harmless from any damage, except for Lessor's negligence, Upon termination of this Lease and upon Lessor's request or with Lessor's approval, Lessee shall remove such improvements and restore the Leased Premises to their original condition, except Lessee shall not be required to remove the leasehold improvements provided for herein under Sections 7 and 38 and Exhibit "B". Any improvements not so removed shall remain in and be surrendered with the Leased Premises as a part thereof, Trade fixtures may be removed at Lessee's expense, provided that Lessee shall pay for any damage caused by such 1 i';lemsit attnchmcnts\Commercial Lease 3I,final city hnil.doc 6 • removal, Nothing contained herein shall prevent or restrict Lessee's right to remove the Dias, related fixtures, sound and electronic system, and cabinets which are installed on the Leased Premises. Upon removal of the above items, Lessee shall repair any damage caused by the removal of the above items, reasonable wear and tear excepted. 19. ADA REQUIREMENTS. Throughout the term or any extended term of this Lease, Lessee shall be responsible for compliance with Title III of the Americans with Disabilities Act, 42 U.S.C., Section 1200, et seq. (as amended), as it applies to Lessee's use and occupancy of the Premises. In the event compliance shall be required, all alterations to the Premises shall be accomplished pursuant to Section 18 herein. 20. CONDEMNATION. In the event that any government, or any agency or instrumentality having the power of eminent domain shall, by condemnation or deed in lieu thereof, take title, possession or the right to possession of the Leased Premises or any part thereof, Lessor may, at its option, terminate this Lease as of the date of such taking, and if Lessee is not in default under any of the provisions of this lease on said date, any rental prepaid by Lessee shall, to the extent allocable to any period subsequent to the effective date of the termination, be promptly refunded to Lessee, provided Lessee shall be entitled to seek compensation for any Lessee improvements which are so taken by eminent domain. 21. HAZARDOUS WASTE. Lessor represents and warrants to Lessee that there are no asbestos, asbestos containing material, radon gas, PCB's, lead paint or hazardous, dangerous, regulated toxic wastes, substances or materials, as such terms are defined or regulated by any applicable laws, rules, regulations or ordinances (collectively, "Hazardous Materials"), in, on, under or about the Leased Premises or the real property in which the Leased Premises are situated. Landlord shall, at Landlord's sole cost and expense and in compliance with applicable laws, rules, regulations and ordinances, remove Any Hazardous Materials discovered by Lessor or Lessee at the Leased Premises during the teen of this Lease, unless such Hazardous Materials were caused by or brought to the Leased Premises by Lessee or any party for whom Lessee is legally responsible. Lessor shall indemnify and hold Lessee harmless for all losses, liabilities, claims, damages and demands, including reasonable attorneys' fees and costs litigation, arising out of or in any way connected with the existence of any Hazardous Materials, and for all costs of inspection and removal of such Hazardous Materials. The indemnification and hold harmless provision stated in this Section 21 shall not apply to any Hazardous Materials that were caused or l':lcmnil allachmena\Commercial Leesc 3',final city holl.doc 7 brought to the Leased Premises by Lessee or any party for whom Lessee is legally responsible, Lessee shall be solely responsible for the removal and clean-up of any Hazardous Materials that were caused or brought to the Leased Premises by Lessee or any party for whom Lessee is legally responsible. 22. CONFIRMATION BY LESSEE. Lessee agrees, from time to time during the lease term, upon not less than fifteen (15) days' prior written request by the Lessor, to sign and make available to the Lessor, a confirmation stating that the Lease is in full force and effect and unmodified as of the date of the signing of the confirmation. The purpose of such confirmation shall be to entitle the Lessor to provide said confirmation to a mortgagee or prospective . mortgagee providing financing for the subject real property and the improvements thereon. 23. EXFTIBITS. The exhibits attached to this Lease are made a part hereof and by this reference incorporated herein, 24. DEFAULT AND RE-ENTRY, If the Lessee shall fail to keep and perform any of the covenants and agreements herein contained, other than the payment of rent, and such failure continues for thirty (30) days after written notice from Lessor, unless appropriate action has been taken by Lessee in good faith to cure such failure, Lessor may terminate this Lease and re-enter said Leased Premises, or in the alternative, Lessor may, without terminating this Lease, re-enter said Leased Premises, sublet the whole or any part thereof for the account of the Lessee for die balance of the term of this Lease, and Lessee covenants and agrees to pay to Lessor the fair rental value of any deficiency arising from the re-letting of the Leased Premises at a lesser amount than herein agreed. Lessee shall pay such deficiency each month as the amount thereof is ascertained by Lessor, or at the Lessor's option, shall pay the present value (discounted at the rate of seven (7) percent per annum) of the balance of the rent for the remainder of the term of the Lease less the present value (discounted at the same rate) of the fair market value of the Leased Premises for said'period. 25. BREACH OF LEASE. If the Lessee breaches this Lease after written notice and grace periods, then this Lease may be terminated by the Lessor in the following manner. The Lessor shall serve upon the Lessee, by registered or certified mail, at the Lessee's last known address, a notice in writing of the fact of said breach or breaches and a detailed description of said breaches. From and after the mailing of said notice, the Lessee shall have ten (10) days to cure any breach for the nonpayment of rent and thirty (30) days to cure any other breach of the P.\en,n l attachmcnts'Ccntmcrcial Lase 31,1inal city hall.dac 8 Lease. failure of the Lessee to remedy said breaches within said period shall result in Lessee's total forfeiture of all its right, title and interest under this Lease, and the Lessor shall have the right to enter said premises and remove the Lessee and her property therefrom, take immediate { possession for the purpose of protecting said property and cancel this Lease in its entirety and re- let the Leased Premises. In all cases of such forfeiture, Lessor shall make a good-faith effort to mitigate its damages. Lessee shall be liable only for reasonable deficiencies, which do not exceed the fair market value of rent resulting from re-letting. 26. REMOVAL OF PROPERTY,. In the event Lessor lawfully re-enters the Leased Premises as provided herein, Lessor shall have the obligation to remove all of the personal property located therein and to place such property in storage at the expense and risk of Lessee. 27. SUBROGAITNG WAIVER. Lessor and Lessee each releases and relieves the other and waives its entire right of recovery against the other for loss or damage arising out of, or incident to, all perils described in the fire and extended coverage insurance policy approved for use in the State of Washington, which occurs in, on or about the Leased Premises,whether due to the negligence of either party, their agents or employees or otherwise. 28. SUBORDINATION, Except as otherwise provided herein, Lessee agrees that this Lease shall be subordinate to any mortgages or deeds of trust placed on the property provided that in the event of foreclosure, if Lessee is not then in default and agrees to attorn to the mortgagee or beneficiary under deed of trust, or purchaser at a foreclosure sale, such mortgagee or beneficiary or purchaser shall recognize Lessee'.s right of possession for the full term of this Lease. Lessor agrees to use Lessor's best efforts to obtain a Non-Disturbance Agreement from any mortgagee, beneficiary or purchaser. 29. NO WAIVER Or COVENANTS. Any waiver by either party of any breach hereof by the other shall not be considered a waiver of any future similar breach. 30. ENTIRE AGREEMENT. This Lease contains all the agreements between the parties and no modifications shall be effective except by written instrument, signed by both parties. 31. SURRENDER OF PREMISES. Lessee agrees, upon termination of this Lease, to peacefully quit and surrender the Leased Premises to Lessor without notice, to leave the Leased Premises neat and clean, well maintained, in good condition, normal wear and tear excepted, and to deliver all keys to the Leased Premises to Lessor. P:let,ail attachmeaslCommercial Lease 3',lina!city halLdoc 9 t .. 32. HOLDING OVER If Lessee, with the implied or express consent of Lessor, shall hold over after the expiration of the term of this Lease, Lessee shall remain bound by all the covenants and agreements herein, except that the tenancy shall be from month to month and monthly rent shall be otherwise agreed upon. 33. BINDING ON .HEIRS, SUCCESSORS AND ASSIGNS. This Lease shall be binding upon the heirs, executors, administrators, successors and assigns of both parties hereto, except as hereinabove provided. This Section 33 shall not constitute a consent to assignment on the part of Lessor. 34. NOTICE. Any notice required or allowed to be given by either party to the other shall be deposited in the United States mail, registered or certified, return receipt requested, postage prepaid, addressed to Lessor or to the Lessee at their addresses stated below, or at such other address as either party may designate to the other by notice given as herein provided. Lessor at: Northwest Christian Schools C/O WEB Properties Inc. 140 S. Arthur Suite 510 Spokane, WA 99202 Lessee at: City of Spokane Valley A ttn: City Manager 11707 E. Sprague Suite 106 Spokane Valley, WA 99206 35. NON-SMOKING BUILDING POLICY. It is agreed between Lessor and Lessee the Clock Tower Professional Building is a smoke-free office complex. There is to be no smoking at any time inside of the office building. Smoking is not permitted near any exterior entrance door to the Clock Tower Professional Building. If smoking within or outside this complex becomes a problem, the Lessor has the right to cancel this Lease pursuant to Section 25 herein. 36. FRONT DOOR SECURITY. For the safety of all tenants and the janitor all exterior doors must be locked after 7:00p.m. Monday through Friday. On the weekends all doors must be locked at the time of entering and at the time of exiting. Notwithstanding the above, Lessor recognizes that the City may occupy and use the Leased Premises after the above hours for meetings and other City activities. The parties shall make arrangements that permit the City PAcmail ettschmcnieCommcrciil Lease 31,fimtl city Itall,doc 10 y ' to unlock exterior doors after 7:00 p.m. Monday through Friday and to use the Leased Premises on Saturdays for the purpose of engaging in City business. 37. TIME OF ESSENCE. Time is of the essence in all provisions of this Lease. 38. IMPROVEMENTS. Lessor shall complete, at Lessee's sole cost, those improvements as noted in Exhibit "B". The rental amount includes an estimate of the costs noted in Exhibit "13" (except for Suite 105) plus a Construction Management Fee of five percent (5%). The total actual cost of Leasehold improvements plus an eight percent (8%) annual interest rate thereon will be amortized over 48 months commencing March 1, 2003. Should the actual amounts paid for improvements be less than those costs outlined in Exhibit "B", the rent shall be adjusted accordingly. Noted costs as outlined in Exhibit "B" are based upon current building standard improvement materials. Should changes be made to the building standard improvement materials that increase the cost of Exhibit "13", the rents shall be adjusted accordingly. Upon execution of this Lease, the Leasehold Imiproveinents shown on Exhibit "W and as otherwise agreed shall be immediately commenced. 39. OPTION TO EXPAND. During the lease term, Lessor shall provide Lessee the option to expand into any available space at the then current lease rate and remaining term the Lessee is obligated. 40. FURNITURE. During the lease term and at no additional cost to Lessee, Lessee is allowed the use of approximately 22 cubicles, I reception cubicle and all seating available of Teehnion furniture currently in Suites 101 and 106. In addition, Lessee shall be given the use of all other available furniture as needed on an as-available basis. 41. RENT DEFERRMENT, Lessee is hereby allowed to defer payment of rent for a period of five (5) months beginning March 1, 2003 to July 31, 2003, with deferred and current rent due by August 10, 2003. Late charges shall only apply if said rent is not paid by August 10, 2003. 42. ARBITRATION. In the event of a disagreement arising under this Lease, all matters shall be submitted to arbitration as follows: A. The party seeking arbitration shall submit, in writing, to the other party, a statement of the issue(s) to be arbitrated and shall designate a party to act as arbitrator on behalf of the party seeking arbitration. The responding party shall supply a statement of any counter or additional issue(s) to be arbitrated and shall nominate an arbitrator to act for the responding P:lemail a ttachrticaslCornmerciol Lease 31,filial city lmll.doc 11 1 party, This process shall be accomplished within fourteen (14) days after the party seeking arbitration has deposited in the United States mail, postage prepaid, the initial notice of intent to arbitrate, addressed to the other party at the address hereinabove shown. B. The two (2) arbitrators selected shall immediately select a third arbitrator. The arbitrators thus convened shall, within a time established by a majority vote of the arbitrators, conduct a hearing on the issues submitted to them and render a decision on each issue, in writing, to each of the parties to the dispute. Any decision as to procedure or substance made by a majority of the arbitration panel shall be binding. A decision by a majority of the arbitrators on any issues submitted shall be the decision of the arbitration panel as to that issue. The arbitrators shall have authority to award costs and attorneys' fees to either party in accordance with the merits and good faith of the position asserted by the parties. Said final decision of the arbitration may be submitted to the Spokane County Superior Court to be entered in the form of a judgment therein. C. In lieu of appointing three (3) arbitrators in the manner set forth above, the parties may, by written agreement, designate a single arbitrator. 1 17, Except as provided herein, the arbitration proceedings shall be conducted in accordance with the rules of the American Arbitration Association and the statutes of the State of Washington pertaining to binding arbitration. N WITNESS WHEREOF, the parties hereto have executed this instrurnent at Spokane Valley, Washington, on the day and year first above written. LESSOR: LESSEE: NORTHWE T CHRISTIAN SCHOOLS CITY OF SPOKAN ALLEY By: /iv,. ----T.,- By: f LE .'''' ALTON Its: C(>44 /j,.l,- -- -:-'.---,4-6.- Its: Interim City Manager \ / By: ir�i�.♦ el.,�C� 1_•i i . f:IA.t- Lha vYr14J) FooOtotTla0 K.1 14..)C— P:lcmail aiiachmcnsslCosrauereial Lease 31,11dal city lkoll.doc 12 1 1 STATE OF WASHINGTON ) ) ss. County of Spokane ) I certify that I know or have satisfactory evidence thato "1,4a, the person who appeared before me, and said personitcknowledged thatlho{signed this instrument, on oath stated that 1hei Wes authorized to execute tpe jnstrument and acknowledged it as the of Northwest Christian Schoolsrlo`Iie the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED this& '•day of January, 2003. GAL.BR-,' t, ,,,,, � _ 1" �`',„ `,, Print Name: twr&r,a. 4 1�tv �'s, o NOTARY PUBLIC in and for the State of 2j' �∎•• s m = Washington, residing at f�� s, p,o P. nb = My Commission expires: eO/64/oI '11 STATE STATE OF WA H1NGTON ) ) ss. County of Spokane ) I certify that I know or have satisfactory evidence that Lee Walton is the person who appeared before me, and said person acknowledged that he signed this instrument,on oath stated that he was authorized to execute the instrument and acknowledged it as the Interim City Manager of the City of Spokane Valley, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED thisday of January, 2003. Print Name: R ± r huJ//r NOTARY PUBLIC in and for the State of A r' Washington,residing at LQ CC�Fd r s1 ik My Commission expires: /O / S /d,3 • • { P;kmail attadin3tnts\Commercial Lease 31,ifnal city hall.duc 13 EXHIBIT "A" (If Tile • Flo • Redwood Plaza/Clocker Suite 101 1 ,924 Rentable Square Feet EXHIBIT "A" ning T , T 1 • . _ . .. I 7 PUB, I(� R+ESTRDOfhi j PUBIC REST°+OOi _- 7 RU[AM IfEiHA`I'C.AL C , ft f f 1 17 . CLOCKTOWER BUILDING/REDWOOD PLAZA SUITE 106 FIRST FLOOR 10,666 SQ. FT. _ ,r- EK•HIBIT • "B" KOFMEH .INC Estimate A.O.BOX 14721 SPOKANE, WA 99214 l[ 1 °pATE ,ESTIMATE NO.0. (509)'838-2749 FAX(509)838-.2586 3 Iii NAME/ADDRESS Webb Properties 140 S.Arthur Suitoil510 Spokane WA 99202 6 v r -- --�.-_ P.O.NO. TERM City of Spal:ano VOL. Rick . • ITEM DESCRIPTION 1 QTY COST PROJECT TOTAL . ,'�-�� .. ••330.00 630.001 22 ' Dcmoltion 165.00 165.001 40.00 6 • 6.1 Demising calls patch&repair l 9.3 Floor Preparation 315,00 0.00T 345.001 10.0 Ceiling 1,570.00 1,570.001 3.16 Electrical a1&&Lighting . 440.00 440.00T 3.55 HVAC 840.00 S40AOT b.1. Interim walls 5,838.00 5,838,001 9.8 Painting LAM 44.00 44.001• 9,4 Baseboard 9,877.00 9,$77.001 6.4 Cabinetry 385.00 385.WF 6.2 Doors&Trim&finish work 175.00 385.00T 9,6 door covering repair 2,17 5.00 7,438,00T/ 5 100 Profit&Overhead 460.00 438.00 300.1 Plan cheek and permit fees S.00O/o 1,843,32 WSST 1 Thank you for your lnusinesS. TOTAL. 325.060.32 Ed Wd Z:E0 E0OZ ET 'uiT 98S202860S : 'ON DIO1•Id 3N 111•h]I•IdIJ)1 SEHS I N I d 301:nd 1ST : WDeld WV&Mr_T.iTC(► Peo Mad 6LTL Qv71811 9'd.1 IPd L'%IV VI-N STAIR oENCr,1pE1 1 k a 1 .........., { ENTRY 4 W."L O89Y ,I r�'•6•rriL!'xcr, taw... :vim MILL low tusr,Er 1r L s°6ca .A srhPR 11'1 _ IF.vIJ'T,il'rlPN ►po; r r t , owe •Q rut .. .... 11 ma ICY 044, pi r c; Klrcc•,,l ( F q'1ENow. Scv -"_"'.�___.,_:._...:._,fin -A c O FI lr`` �1 3LY L TkEfKnrtbVTF7OeErtlrrmxP. L4'P t..., 0,040{.�1�,1:e t.0 mt.or ott1113E6'I'pE�71'+$t i. 7•AZLC3tF£f£''/M6.II=1:- F1. W'il Ot ata - CT Srt6t>:141c1tO KRLW. 3 m _ L O 16 0.'g&F.SEA I-SW LC(Ir_1rf.!a•A'd r1.64"Ma CORRIDOR O,YTRFY4emoc [IcaruzoEl6calr S*4 7144E iu1 6,KFUtLfFJfGT1at N5F6+�0 tEb mats MIww+.AV.VL1Sf I—Ira ,..... A.p714'!tM[l C.MIr6 T410660 TO Cb'o $I6 reel Ilrei; ' Cd I. Y X O o 0 u4 1 • Li FLOOR FLAN Ilk W1111111311Einla as ' h v 11- r ■ ■ r ■ WORD 11 lil .. EXHIBIT "B" KOBIEHiI,INC Estimate P.O. BOX 1 472 f _•... SPOKANE,WA 99214 DATE ESTIMATE No. (509) 838-2749 FAX(509)838-2586 12/16/2002 109 -- � -"'— G3:scrcf t-1,4-. 3 -- NAME/ADDRESS Web Properties 140 S.Arthur Suite#510 Spokane WA 99202 w t T E l 0 P.O.NO.,N TERMS -----1 Rid. Valley City Chambers ITEM DESCRIPTION ore COST PROJECT TOTAL 272 Damoltioo 980.00 980.001' 6.1 Demising walls cut hide for dour 246.00 246.001' 8.8 Enhry doors 585.00 585.00T 9.3 Floor Preparation 265.00 265.00T 110 Drapery budget 2,343.00 2,343.00T' 3.16 Electrical&Lighting 1,000.00 1,000.001' 6.2 Raised platform step and ramp 2,800.00 2,800.00T 9.4 Baseboard 190.00 190.00T 6.4 Cabinetry 9,955.00 9,955.00T 6.2 Display board and projection screen budget 1,285.00 1,285.00T 1 9.6 Floor covering budget 2,520.00 2,520.00T 100 Profit&Overhead 2,217.00 2,217.00T 360 Plan cheek&Permit 475.00 . 475.00 WSST 8.10% 1,975%27 • Thank yvtt for your business. TOTAL S26,336.27 ad 1,115g2:60 £9M t2T 'Lief 99Si?8;=B5DS : 'ON 3,10Hel DN1 -/1-GL4 D)i Sgl-S1N1. 9Dlfld .I.ST : WDZIJ EXHIBIT "B" ____] 1 HALLWAY --)\-----NEW DOOR AND FRAME mop :DIE _,� SEATXNG (72-71700 MOM no AM EC= DOMML, a 3 rI LECTERN I PRESS I 4 EXHIBIT 0 2 DIS PLAY ■.. , ilt !. PRO]ECTION BOARD RECORDING SCREEN SECRETARY � � J � #‘' ill . \ PERMANENT PERMANENT *ars 040 EXHIBIT /i11)EXHIBIT S OM 1 SPACE SPACE \AIMP p RAISED PLATFORM +14' IM ,.,:.: .._ ..........::::.- ..-_,:::•:1::.-ti:-:u,-•:-::.•:::.��:::•:•,:•_:- NEW DRAPERY S IIIV.' Suite 101 - COUNCIL CHAMBERS morarmagonsem IMMEMIll MI ) 20' 12' 8' 4' 1' 0 \ IIIIEMEIEIEI ® Clocktower Bldg. " " x" "°•i " MUNN issmommai® ME WEB PROPERTIES SUITE 101 Al , 1 3E design group REDWOOD PLAZA ClocktowerBldg. E .........■. tif�S1Y1� it�ivnilli/ ISIVEli1ti1t11fr 11707 •. SPRAGUE SPOKANE, WA 99206 ►Sin m. Or LXIIT131T "C" I?ULIES AND REGULATIONS 1, Lettering upon the directory board and the doors as required by Tenant shall be subject to Lessor's reasonable approval, and shall be made by the sign company approved by Lessor. The cost of the directory board and one (I) door sign shall be borne by Lessor but all other lettering shall be paid by Tenant The directories of the Clock Tower Professional Building (hereinafter "Building") will be provided exclusively for the display of the name and location of tenants and Lessor reserves the right to exclude any other names therefrom. 2. No additional locks shall be placed upon any doors of Premises, and Tenant agrees not to have any duplicate keys made-without the consent of Lessor. If more than two keys for any door lock are desired, such additional keys shall be paid for by Tenant. Upon termination of this Lease,Tenant shall surrender all keys. 3. Lessor shall have the right to limit the weight and size and to designate the position of all safes and other heavy property brought into the building. Such furniture, freight, equipment, safes and other heavy property shall be moved in or out of the Building only at the times and in the manner permitted by Lessor. Lessor will not be responsible for loss of or damage to any of the items above referred to, and all damage done to Premises or the Building or property by moving or maintaining any of such items shall be repaired at the expense of Tenant. Any merchandise not capable of being carried by hand shall utilize hand trucks equipped with rubber tires and rubber side guards and shall only enter the building from the north entrance. 4. The entrances, corridors, stairways and elevators shall not be obstructed by Tenant, or used for any purpose other than ingress or egress to and from the Premises. Tenant shall not bring into or keep any animal (service animals excepted), or any bicycle or other type of vehicle within the Building. 5. Tenant shall not disturb other occupants of the Building by making any undue or unseemly noise, or otherwise, nor shall Tenant allow objectionable odors to disseminate into the Building common areas or the Building HVAC system. Tenant shall not, without Lessor's written consent, install or operate in or upon the Premises any machine or machinery causing noise or vibration perceptible outside the Premises, electric heater, stove, or machinery of any kind or carry on any mechanical business thereon, or keep or use thereon oil, burning fluids, campbene, kerosene, naphtha, gasoline, or other combustible materials. No explosives shall be brought into the building. 6. Tenant shall not mark, drive nails, screw or drill into woodwork or plaster, or in any way deface the Building, the Premises, or any part thereof, or fixtures therein; except that pictures and similar decorations may be hung by means approved by Lessor. The expense of remedying any breakage, damage or stoppage resulting from a violation of this rule shall be borne by Tenant, P;lemail attacItme►tts\Cammercia[Lease 31,final city hall.dac • 7. The requests.of tenants will be attended to only upon application at the office of the Building. Building employees shall not perform any work or do anything outside of their regular duties, except on issuance of special instructions from the office of the Building. lithe Building employees are made available for the assistance of any tenants, Lessor shall be paid for their services by such tenants at reasonable hourly rates. No Building employee will admit any person (Tenant or otherwise) into any office without specific instructions from the office of the Building. 8. Lessor reserves the right to close and keep locked all entrance and exit doors of the Building on Sunday and legal holidays and between the hours of 7:00 p.m. of any clay and 7:00 a.m. of the Following day and during such further hours as Lessor may deem advisable for the adequate protection of the Building and the property of the tenants. 9. Lessor assumes no responsibility for and shall not be liable for any damage resulting from any error in regard to any identification of Tenant or its employees. 10. Lessor shall, at its cost and expense, operate the air conditioning system from 7:00 a.m. until 7:00 p.m. on business days, except on Saturdays, when the hours shall be from 8:00 a.tn. until 1:00 p.m. 11. Tenant shall exercise care and caution to insure that all water faucets or water apparatus, electricity and gas are carefully and entirely shut off before Tenant or its employees leave the Building, so as to prevent waste or damage. Tenant shall be responsible for any damage to the Premises or the Building or property and for all damage or injuries sustained by other tenants or occupants of the Building arising from Tenant's failure to observe this rule, except if such damage or injury is caused by Lessor or Lessor's agents including but not limited to the janitors retained by Lessor. 12. Lessor reserves the right to exclude or expel from the Building any person who, in the judgment of Lessor, is under the influence of liquor or drugs, or who shall in any manner, do any act in violation of any of the rules and regulations of the Building. 13. Lessor reserves the right to make such other and further reasonable regulations as in its judgment may from time to time be needed or desirable for the safety, care and cleanliness of the Premises or the Building or property and the preservation of good order therein. • • attachnaentslCommercinl Lease 31,final city hall.doc LEASE EXTENSION &EXPANSION AGREEM:INT THIS AGREEMENT made this 15`h day or March,2005,by and between CI'T'Y OF SPOKANE VALLEY,whose mailing address,is 11707 East Sprague,Spokane Valley, Washington 99206,(hereinafter referred to as"Lessee"),and NORTHWEST CHRISTIAN SCHOOLS, a nonprofit corporation,(hereinafter referred to as"Lessor'); • WHEREAS,The City Of Spokane Valley,as Lessee,rind Northwest Christian Sc•hauls,as Lessor, entered into a Lease Agreements for Suites 101,105,106 as noted below,a copy of which is attached hereto as Exhibit"A;"and WHEREAS,the tenn of the Lease expires on February 28'",2007. WHEREAS,Lessee desires to expand current premises an additional 1,015 square feet of Suite 104,and 2,300 square feel of Suite 13 Warehouse for a five(5)Year ter:,on Ott same terms and conditions set forth in said lease,as animated herein. WHEREAS,The Lassa;desires to continue said lease for an additional'three(3)Year beyond the end of its current term under the same terms and conditions set forth in said lease,as amended herein. • NOW,THEREFORE,fur and in consideration antic recitations sct forth,the terms and previsions herein contained,and the mutual benefits to be derived here from,the parties do hereby contract,covenant turd agree as follows: L Extension of Lease. The Lease,attached hereto us Exhibit"A"and incorporated herein by - referenec,is hereby renewed fur a Five(5)Year tens,beginning on April I,2005 and terminating on March, 31',2010. The Lessee covenants and agrees to comply with all the terms and conditions of said Lease,as herein amended,and to bu bound thereby mid to pay nil rent in the maanner therein provided. 2,Premises Leased. Lessee bud leased a total of 15,940 square feet within the Ctoektowcr Building,noted as follows:Suite 101, 105,and 106. All as shown on Exhibit"13"attached hereto. • Premise has been changed to add Suite 104 with 1,015 Square Feet within the Cloektower Building,and 2,100 Square Feet Warehouse space located at Building 13 to as follows:Lessee shell lease a total of 19,255 square feet within the suites noted as follows:Spite 101, 104,105, 106,and Suits 13 warehouse. All as shown on Exhibit"B"attaelied hereto. 3. Amendments to Lease. Lessee and Assignee hereby agree to amend certain provisions under tine Lease as follows: s. Tenn. The tern of the lease is extended fora lens beginning April 1st,2005 and terminating Mauch 31,2010,hereinafter referred to as the"Lease Tenn". U. hpae The space to be leased is categorized as office space and storage space. Office space includes 16,955 square feet,rind shall be charged at the following monthly rates for the stated years: First twelve months S 14.75 per square foot Second twelve months $15.15 per square foot Third twelve.nionths 515.65 per sguara'foot Fourth twelve months 516.15 per square foot Fifth twelve months S16.75 per square,rout 'Etc storage space includes 2,300 square feet,and shall be charged at the rate of$4.00 per square foot per month. c. Base Rent. Lessee agrees to pay TWENTY ONE THOUSAND SIX HUNDRED SEVEN AND 19/100 DOLLARS(521,607.19) per month during Mc first twelve(12) month period,then TWENTY TWO THOUSAND ONE HUNDRED SEVENTY TWO AND 36/100 DOLLARS($22,172.36)per month for the second twelve(12) month period,thenTWI3N'l'Y TWO'I'IIOUSAND EIGIIT1.1UNDRED SEVENTY EIGHT AND 82J i00 DOLLARS($22,878.82)per month for the third twelve(12) month period,thus,TWENTY THREE THOUSAND FIVE HUNDRED 13ICHTY FIVE ANS 271100($23,585.27)for the fourth twelve(12)month period,then TWENTY THREE THOUSAND SEVEN HUNDRED TWENTY SIX AND 571100 DOLLARS(524,433.02)-for the fifth twelve(12)month period. c. NNN Charges. Preperly'I'uxes,Utilities,Maintenance,Insurance,Administrative& Common Area Maintenance to be paid by tenant for storage space only Rs follows: 2,300 sq.ft.of42,672 total CAM sq.II,or 5.389%of building premises. CAM- charges are billed quarterly. 1 VIII IRIS:.414,r� d. Amortized Tenant Improvements. Lessee will continue to repay remaining tenant improvement cost from original as staled in original lease(Exhibit A). Original tenant Improvement cost amounted to S 154,472.88. Remaining total owed is 574,257.84 to be amortized for sixty(60)months. Total monthly Installments amount to S 1,237.63 • per month. e. Option to Renew, Lessee shall have option to renew this lease for one(I)additional three(3)year period. Provided however Lessee provides Lesser with 120 days prior written notice before lease expiration of Lessees intention to do so. All terms and conditions shalt remain the sane with the exception of-rent,which shall be negotiated. . f Tenant Iniproventertts: Lessor shall provide at Lessors sole cost and discretion,the following tenant iniprovernents: • Suite 104: Clean carpets,Paint walls through out the premise,install sound proofing between City Managers office and office in Suite 104. Suite 105:install oversized window in current Harks&:Recreation Directors°Mee. • Parking; Provide expanded fenced parking area adjoining the existing fenced parking area. Conference Room: Reserved conference room every Wednesday morning,8am to 11 am.Reserve conference room at least three other days each year,with advanco reservation, Except as modified herein all ether terms and conditions of said Lease shall remain in full force and effect. 3.Waivers,M.dificatinn yr Aiuendinent, No waiver,modification or amendment orally term or condition of this Agreement shall be effective sinless in writing,and no waiver w-indulgence by either party or any deviation by the other party from full performance of this Agreement shall ben waiver of the right to subsequent or other full,strict,and timely performance. • 4. Merger Clause. This Agreement and the Lease Agreement attached as Exhibit A express the full and final purpose and ngreement of the parties and will not be qualified,modified or supplemented by course of dealing,usage of trade,or coarse of perforntartce. ' 5. Counterparts, This Agreement maybe executed in two or more parts,each of which shall be deemed an original,but all of which together shall constitute one and the sante instrument, IN WITNESS WHEREOF,the parties ltcruto have set dick hands this j;{"-day of �v /°�.cf.4(.. 2005. LCSSOtt l.C.S.St<ii NORTHWEST CHRISTIAN SCHOOLS CITY OF VALLEY te Gny -4` i 1!'../4.:-....-7/ l ltY_C'L+- fie-ell_ t / / /ra/C i91ivi,E#' r)4 cXrrTr?I6VE ' l/ ,{ �// I'VE— ITS /1' it<<ef�j . l'tSA h�l!/trJbra/P/�'//111 vL�dCCLr( • /5)1/041�',J ewer a . . r , I,xmctcd Qn 16�} liwcutcd thi z%_ 1%n Li J�1Z 5 1 2 ln,tiats: 1`r • f'1 ' l.J ti l ADDRESS FORtNOTICES AND RENT ADDRESS FOR NOTICES Northwest.Christian Schools,Inc. City Of Spokane Valley C/o WEB Properties,Inc. 11707 E.Sprague Suite lOG P.O.Box 21-069 Spokane Valley,WA 99206 Spokane,WA 99201 • • • • 3 • 1 • COMMERCIAL LEASE AGREEMENT :FOR :REDWOOD PLAZA TILES LEASE, made and entered this 15L day of July, 2006, by and between Northwest Christian Schools, a non-profit corporation, 5104 Bcrnhill Rd., Colbert, WA 99005 hereinafter referred to as Lessor; and City of Spokane Valley, whose mailing address is 11707 East Sprague, Spokane Valley, Washington 99206, hereinafter referred to as Lessee. • WITNESSETH: As used herein: (1)the term Lessee shall refer and apply equally to the plural terns Lessees,(2) he or his shall apply to she and hers. For and in consideration of the mutual promises contained herein,the parties agree as follows: 1. LEASED PREMISES. The Lessor does hereby Lease to the Lessee and the Lessee does hereby hire and lease from the Lessor those certain premises located and described as The Clocktower Building Suite 8-3 11703 R. Sprague Ave.,Spokane Valley, WA 99206. Consisting of approximately 3,290 Sq.Ft. 2. (a)TERM. The term of this Lease shall be Three(3)years and Eight(8)month, commencing on August 1,2006 and ending March 31,2010.In the event occupancy occurs in the middle of any month,rent for the first month shall be prorated to the first day of the next succeeding month and thereafter,all rental payments shall be due and payable on the first(1")day of each month. (b)RENT. Lessee covenants and agrees to pay the Lessor at WEB Properties, Inc. P.O. Box 21469, Spokane, WA 99201,or to such other place as the Lessor nay hereafter desimate, monthly rental in the amounts of and due and payable on the first(1s)day of each month as noted. This is a gross lease and includes all costs for the subject Leased Premises and common area. A.The rental for the first Five month of this Lease shall be TWO THOUSAND E1G:HTY THREE AND 33/100 DOLLARS (S2,083.33),per month in advance on the first(1y)day of August,2006. The Rental for the Next Three months of this lease shall be TWO THOUSAND SEVEN HUNDRED FIFTY FIVE AND 20/100 DOLLARS (S2,755.20), per month in advance on the first (1s5 day of January, 2007. The rental for the first full Twelve mouths of this Lease shall be THREE THOUSAND FIVE II1JN1l.RED TWENTY NINE AND 90/100 DOLLARS ($3,529.90) per month in advance on the first (1S1) day of each mouth of the First(1'1)Twelve months of the lease term. `-1) C06-63 The rental for the 2od Twelve months of this Lease shall be THREE THOUSAND SIX HUNDRED THIRTY FIVE AND 79/100 DOLLARS ($3,635.79) per month in advance on the first (11`) day of each month of the Seeond(2°)Twelve months of the lease term. The rental for the 3`d Twelve months of this Lease shall be THL EE THOUSAND SEVEN HUNDRED FORTY FOUR AND 87/100 DOLLARS ($3,744,87) per month in advance on the first (1e) day of each month of the Third(3d)Twelve months of the lease term. A late-payment assessment of five percent (5%) of the monthly rental due will be charged for any rent paid after the tenth (51a) business day of the month in which rent is due. 3. USE OF PREMISES. The Leased Premises shall be used for commercial business purposes as permitted within a commercial business zone in Spokane County, Washington and all activities incident thereto and for no other purpose without the prior written consent of the Lessor first obtained. Lessee shall not use or allow the use of tho Leased Premises in any manner that causes damage to the real property or improvements, nor shall Lessee use or allow use of the Leased Premises in any manner which would increase insurance premiums or for any illegal purpose. Lessee shall comply with all governmental rules, orders, regulations, or requirements relating to the use and occupancy of the Leased Premises. 4. RULES AND REGULATIONS. Lessor reserves the right to promulgate such reasonable rules and regulations relating to the use of parking areas as it may deem appropriate and for the best interest of the tenants, and Lessee agrees to abide by such rules and to cooperate in the observance thereof. Such rules and regulations shall be binding upon Lessee upon delivery of a copy thereof to Lessee. Said rules and regulations may be amended by Lessor from time to time with or without advance notice and such amendments shall be effective upon the delivery of a copy thereof to Lessee. Any material violation of such rules and regulations by Lessee, its officers,agents,employees or subtcnrutts will constitute a breach of this lease and, upon expiration of the cure period, entitle the Lessor to claim a default thereunder in the same manner and to the same extent as any other default under the lease provided, however, that the notice and cure provisions of Section 23 of this Lease shall be applicable. 5. REAL ESTATE TAXES. The Lessor shall pay all real property taxes due or falling due on said premises. However, in the event the Lessee shall make an improvement on the property which causes an increase in real property taxes, the Lessee hereby.agrees to pay any reasonable increase caused. • SLO23042132 2 6. MAINTENANCE. Lessor shall maintain in good condition,the improvements on the real property, including parking lot, leased pursuant to this Lease. This shall include any and all maintenance required to keep the improvements on the real property, including parking lot, which is the subject matter of this Lease, in the same condition, less normal wear and tear,casualty,condemnation and repairs required to be made by Lessor,as of the date of commencement of this Lease. 7. PARKING LOT MAINTENANCE. The Lessor shall keep and maintain the parking lot and landscaping in a neat and clean condition and repair at all times. In addition, Lessor shall remove snow during the winter season, as needed, and the Lessee agrees that there shall be no vehicles left overnight in the parking lot area by Lessee or any employee of the Lessee in order to prevent interference with the cleaning, maintaining and snow removal of the parking lot area. S. UTILITIES. The Lessor agrees to pay all charges for light,heat,water,sewer, garbage and all other utilities and services furnished to the premises except telephone. Lessor agrees to provide janitorial services sufficient to keep said Leased Premises and common area neat, clean and free of garbage and debris at all times. 9. ACCIDENTS AND LIABILITY; Neither Lessor nor its agents shall be liable for any injury or damage to persons or property sustained by Lessee or any others, in and about the Leased Premises. Lessee agrees to defend and hold Lessor and its agents harmless from any claim, action and/or judgment for damages to property or injury to persons suffered or alleged to be suffered on the Leased Premises by any person, firm or corporation,unless caused by Lessor's negligence. Lessor and Lessee agree to maintain public liability insurance on the Leased Premises in the minimum single limit of One Million and N o/100 dollars ($1,000,000.00) and shall name Lessor as an additional insured. Lessee shall furnish Lessor with a certificate indicating that the insurance policy is in full force and effect and listing the Lessor as an additional insured on the policy. Lessor shall name Lessee as an additional insured and shall furnish Lessee with a certificate indicating the insurance policy is in full force and effect and listing Lessee as an additional insured. 10. LIENS AND INSOLVENCY. Except as otherwise provided Lessee shall keep the Leased Premises free from any liens arising out of any labor performed or materials furnished to, or any obligations incurred by Lessee, and shall hold Lessor harmless against same. In the event Lessee becomes insolvent, bankrupt, or is a receiver, assignee or other liquidating officer is appointed for the business ofLessee,Lessor may cancel this Lease at its option. SL.02 304213,2 3 l..l. SUBLETTl1'C OR ASSIGNMENT. Except as otherwise provided Lessee may not assign or sublet all or any part of this lease of the Leased Premises, without Lessor's prior written consent. 12. ACCESS. Lessor shall have the right to enter the Leased Premises at all reasonable times and provide Lessee reasonable notice except for emergencies for the purpose of inspection or of making repairs, additions or alterations, and to show the Leased Premises to prospective tenants sixty (60) days prior to the expiration of die term of this Lease. Lessor shall have the right to place a For Rent sign in connection with the Leased Premises for the sixty (60) days prior to the end of the terns of this Lease. 13. POSSESSION AND OUIET ENJOYMENT. The Lessee shall be entitled to possession of the Leased Premises as soon as the same are ready for occupancy as hereinabove described and shall be entitled to continued quiet enjoyment of the Leased Premises during all periods tinder the term of this Lease,provided that the Lessee shall be in good standing and shall have paid all rent reserved under the Lease and performed all covenants agreed to be performed by the Lessee under the term of the Lease. 14. T)AMACE OR DESTRUCTION. In the event the Leased Premises are rendered untenantable in whole or in part by fire, the elements, or other casualty, Lessor may elect at its option, within ten(10)days of the event:not to restore or rebuild the Leased Premises and shall so notify Lessee, in which event Lessee shall vacate the Lensed Premises and this Lease shall be terminated; or in the alternative, Lessor shall notify Lessee within ten (10) days after receiving notice of such casualty the Lessor will undertake to rebuild or restore the Leased Premises, and that such work can be completed within ninety (90) days from the date of such notice of intent. If Lessor cannot restore or rebuild the Leased Premises within the said ninety(90) days, except for delays which are not the fault of the Lessor, then the lease may be terminated at the Lessee's option by written ten(10)days notice to Lessor. During the period that the Leased Premises are not tenantable, rent shall abate in the same ratio as premises rendered untenantable bears to the whole of the Lensed.Premises. 15. SIGNS. The Lessee shall be permitted to have signage in connection with the occupancy of the Leased Premises. All signs or symbols placed by Lessee shall be subject to Lessor's prior written approval, which will not be unreasonably withheld or delayed. All signs shall be non- SLO2 304213.2 4 tt illuminated and shall be consistent with other signage placed upon the building or on any sign post established for the general use of all tenants within the building or using other building on the property common to the area. Signs shall generally conform to the size and type of sign currently in use on the Clocktower Building. At the termination of the Lease, the Lessee shall remove all signs, at Lessee's expense placed in,on or about the Leased Premises and will repair any damage caused by the removal to the Leased Premises. If the lessee has a sign in a common use sign post or board, Lessee shall replace plastic in the sign at the termination of the Lease. Ili 16. .ALTERATIONS AND )IMPROVEMENTS.Tenant shall not make altercations,additions or to the improvements Premises without the prior written consent of Owner. Unless otherwise provided for, all such alterations, additions and improvements shall be at the sole cost and expense of Tenant,and shall become the property of Owner and shall remain as part of the Premises at the termination or expiration of this Lease. Tenant agrees to save Owner harmless from any damage arising out of any such work. Owner reserves the right to make, from time-to-time, at its expense, such alterations and improvements to Premises and Property as it deems appropriate 1.7. CONDEMNATION. In the event that any government,or any agency or instrumentality having the power of eminent domain shall, by condemnation or deed in lieu thereof, take title, possession or the right to possession of the Leased Premises or any part thereof; Lessor may, at its option, tenninate this Lease as of the date of such taking, and if Lessee is not in default under any of the provisions of this Lease on said date, any rental prepaid by Lessee shall, to the extent allocable to any period subsequent to the effective date of the termination, be promptly refunded to Lessee, provided Lessee shall be entitled to seek compensation for any Lessee improvements which are so taken by eminent domain. 18. COMPLIANCE WITH LAWS. Lessee shall at all times keep and use said Leased Premises in accordance with applicable laws and ordinances and in accordance with applicable directions, rules and regulations of public officials and departments as applicable to Lessee's specific use of the Leased Premises as opposed to use in general by the tenant at the sole expense of Lessee unless otherwise agreed by the parties. 19. CONFIRMATION BY LESSEE. Lessee agrees,from time to time during the Lease period, upon not less than fifteen (15) days prior written request by the Lessor, to sign and make available to the Lessor, a confirmation stating that the Lease is in full force and effect and unmodified as SL02 304213.2 5 of the date of the signing of the confirmation. The purpose of such confirmation shall be to entitle the Lessor to provide said confirmation to a mortgagee or prospective mortgagee providing financing for said property,of which the Leased Premises is a part, atiV - t. ^ ' . 1 { .RILL OBLIGATI \', There being more than one Lessee,the L1"..-1 obligations hereunder imposed upon Lessee are joust and savers Ttryrra.1 :- o s included as Less' . 21. RIDERS. The riders or addenda, if any,attached to this Lease arc made a part herco by reference, 22. DEFAULT A.ND RE-ENTRY. If the Lessee shall fail to keep and perform any of the covenants and agreements herein contained,other than the payment of rent,and such failure continues for thirty(30)days after written notice from Lessor, unless appropriate action has been taken by Lessee in good faith to cure such failure, Lessor may terminate this Lease and re-enter said Leased Premises and without terminating this Lease, re-enter said Leased Premises, sublet the whole or any part thereof for the account of the Lessee for the balance of the term of this Lease,and Lessee covenants and agrees to pay to Lessor the fair rental value of any deficiency arising from re-letting of the Leased Premises at a lesser amount than herein agreed to. Lessee shall pay such deficiency each month as the amount thereof is ascertained by Lessor or at the Lessor's option,shall pay the present value{discounted at the rate of seven (7) percent per annum) of the balance of the rent for the remainder of the term of the Lease less the present value(discounted at the same rate)of the fair market value of the Leased Premises for said period. 23. BREACH OF LEASE. ff the Lessee breaches this Lease after written notice and grace periods, then this Lease may be terminated by the Lessor in the following manner at its option: The Lessor shall serve upon the Lessee, by registered or certified mail, at the Lessee's last known address, a notice in writing of the fact of said breach or breaches and a detailed description of' said breaches. From and after the mailing of said notice, the Lessee shall have ten (10) days to cure any breach for the nonpayment of rent and thirty (30) days to cure any other breach of the lease. Failure of the Lessee to remedy said breaches within said period shall result in Lessee's total forfeiture of all its right, title and interest under this Lease, and the Lessor shall have the right to enter said premises and remove the Lessee and her property therefrom, take immediate possession for the purpose of protecting said property and cancel this Lease in its entirety or re-let the premises. In all cases of such forfeiture, Lessor shall make a good-faith effort to mitigate its damages. Lessee shall be liable only for reasonable deficiencies, which do not exceed fair market value of rent which result from re-letting. 51,02 3 44213 2 6 { 1 , 24. REMOVAL OF PROPERTY. In the event Lessor lawfully re-enters the Leased Premises as provided herein, Lessor shall have the right, but not the obligation, to remove all of the personal property located therein and to place such property in storage at the expense and risk of Lessee. 25. COSTS AND ATTORN'EY'S FEEIVFNUE. If,by reason of any default or breach on the part of either party in the performance of any of the provisions of this Lease, a legal action is instituted, the losing party agrees to pay all reasonable costs including the prevailing party's reasonable attorney's fees as fixed by the court in connection therewith. It is agreed that the venue of any legal • action brought under the terms for this leaso shall be in Spokane County, Washington. 26. SUBROGATINC WAIVER. Lessor and Lessee each releases and relieves the other and waives its entire right of recovery against the other for loss or damage arising out of, or incident to, all perils described in the fire and extended coverage insurance policy approved for use in the State of Washington, which occurs in, on or about the Leased Premises, whether due to the negligence of either party,their agents or employees or otherwise. 27. SUBORDINATION. Except as otherwise provided Lessee agrees that this Lease shall be subordivate to any mortgages or deeds of trust placed on the property provided that in the event of foreclosure, if Lessee is not then in default and agrees to attorn to the mortgagee or beneficiary under deed of trust, or purchaser at a foreclosure sale, such mortgagee or beneficiary or purchaser shall recognize Lessee's right of possession for the full term of this Lease. Lessor agrees to use Lessor's best efforts to obtain a Non-Disturbance Agreement. 28. NO WAIVER OF COVENANTS. Any waiver by either party of any breach hereof by the other shall not be considered a waiver of any future similar breach. 29. ENTIRE TIRE AGREEMENT. This Lease contains all the agreements between the parties and no modifications shall be effective except by written instrument,signed by both parties. 30. SURRENDER OF PREMISES. Lessee agrees, upon termination of this Lease, to peacefully quit and surrender the premises to Lessor without notice, to leave the Leased Premises neat and clean, well maintained, in good condition, normal wear and tear excepted, and to deliver all keys to the Leased Premises to the Lessor. SL02 304213.2 7 • 31. .IIOLDING OVER. If Lessee,with the implied or express consent of Lessor, shall hold over after the expiration of the term of this Lease, Lessee shall remain bound by all the covenants and agreements herein, except that the tenancy shall be from month to month and monthly rent shall be otherwise agreed upon.. 32. BINDING ON ITEMS,SUCCESSORS AND ASSIGNS_ This Lease shall be binding upon the heirs, executors,administrators,successors and assigns of both parties hereto, except as hereinabove provided,but this does not constitute a consent to assignment. 33. NOTICE. Any notice required or allowed to be given by either party to the other shall be deposited in the United States mail, registered or certified, return receipt requested, postage prepaid, addressed to Lessor or to the Lessee at their addresses stated below, or at such other address as either party may designate to the other by notice given as herein provided. Lessor at: Northwest Christian Schools C/o WEB Properties,Inc. P.Q.Box 21469 Spokane, WA 99201 Lessee at: City of Spokane Valley Attn: City Manager 11707 E.Sprague Suite 106 Spokane Valley, WA 99206. 34. NON-SMOKING BUILDING POLICY. It is agreed between Lessor and Lessee that Redwood Playa is a smoke-free office complex. There is to be no smoking at any time inside of the office building, if smoking within this complex becomes a problem, the Lessor has the right to cancel this Lease at its option, provided that the notice and cure provisions of section 23 hereof shall be applicable. FRONT DOOR.ECU1t1TY. For the safety of all tenants and the janitor in the 35. QN 1 S ty 1 Clock Tower Professional Building, all exterior doors must be locked after 6:00 pin. Monday through Friday. On the weekends all doors must be locked at the time of entering and at the time of exiting. SLoi 304213,2 8 36. TIME OF ESS.k:NCE. Time is of the essence in all provisions of this Lease. 37. TENANT IMPROVEMENTS. Lessor shall at its own cost and expense expand the restroom located in the Suite 133-4 Warehouse to conform to a ADA compliant unisex restroom. 38. ARBITRATION. In the event of a disagreement arising under this Lease,all matters shall be submitted to arbitration as follows: The party seeking arbitration shall submit, in writing, to the other party, a statement of the issue(s) to be arbitrated and shall designate a party to act as arbitrator on behalf of the party seeking arbitration. The responding party shall supply a statement of any counter or additional issue(s) to be arbitrated and shall nominate an arbitrator to act for the responding party. This process shall be accomplished within fourteen (14) days after the party seeking arbitration has deposited in the United States mail, postage prepaid, the initial notice of intent to arbitrate, addressed to the other party at the address hereinabovc shown. a. The two (2) arbitrators selected shall immediately select a third arbitrator. The arbitrators thus convened shall, within a time established by a majority vote of the arbitrators,conduct a hearing on the issues submitted to them and render a decision on each issue, in writing, to each of the parties to the dispute. Any decision as to procedure or substance made by a majority of the arbitration panel shall be binding. A decision by a majority of thc arbitrators on any issues submitted shall be the decision of the arbitration panel as to that issue. The arbitrators shall have authority to award costs and reasonable attorney's fees to either party in accordance with the merits and good faith of the position asserted by the parties. Said final decision of the arbitration may be submitted to any court in the county in which the arbitration takes place to be entered in the form of ajudgment therein. b. In lieu of appointing three (3) arbitrators in the manner set forth above, the parties may, by written agreement,designate a single arbitrator. e. Except as provided herein, the arbitration proceedings shall he conducted in accordance with the rules of the American Arbitration Association and the statutes of the State of Washington pertaining to binding arbitration, sLo2 3e4213.2 9 IN WITNESS WHEREOF, the parties hereto have executed this instrument at Spokane, Washington, on the day and year first above written. CITY OF SPOKANE VALLEY NORTHWEST CHRISTIAN SCHOOLS /J/��J / BY: O tt BY: n'_ ' . _ it X,.J,/Sf/,.P ., ITS: /�.. AI - , • ITS:II�� '� ., G<. A,_ ,_.‘1� II J// 13Y: 1W �l/l//_. /.4t�:.�...,.. /- / ITS: 401/R4' 'S:v�Gy� y5�rcr, Sheri`/ivU.✓DAi�v�,. Less cc Acknowledgment: State Of Washington ) ss County Of Spokane ) On this / day of 9(A_S ' , 2006, before me the undersigned Notary Public, personally appeared ,4.0i-6 ryte df•ev'• , personally known to the or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged that he/she'executed the same hi his/her authorized capacity, and that by his/her signature on the instrument, +i -atnc4�' or the entity upon behalf of which the person acted, executed the instrument. :.--- M. Grim:1,i IN WI : ;il.TE:1:.t ii lt_•ive hereunto set my hand and affixed my official seal the day and year first aba c= Oil. et0 1.Pr tptAAY 0 , � awif , /'1/ , Q • / Notary Public In atld for tl/tale of lit PUB 9 Washington, residing at , Af.(�'7n7ht7 4 99 /4. /1,70" 26+ My Appointment Expires: 1-,PG,-09 1I% OFW �..-, T Lessor Acknowledgment • STATE OP WASHINGTON) )ss County of Spokane ) On this I7 day of /1 GLGi ,2006,bepre me the undersigned,a Notary Public in an i for the Slate f Wash ingto , personally appeared ��'�e..•3 eA `�z-+S and ciOM S (\cZent u l'a,(c}Ck. 0 to me known or proven on the basis of satisfactory evidence, to be the agent(s) or NORTHWEST CHRISTIAN SCHOOLS, who executed the within and foregoing instrument and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned,and on oath stated that they are authorized to execute said instrument on behalf of said corporation. IN WITNESS��' REOF, I have hereunto set my 1 nd and affixed my official seal the day and year first abov tl piko:C ��vi , .irrAdi....,01,-, .• r..- Nolary Public in and for th f 1 Z `. t�ly • = Washington,residing at tip 1 ;., 1: i 1y Appointment Expires: (72,14.0 ir 1:,-;i... 4...e.",t) iiiriiiii‘o!,, , ii„„„,,,,,.? s W2 312 u.2 1.0 } COMMERCIAL LEASE AGREEMENT FOR REDWOOD PLAZA - CLOCKTOWER BUILDING THIS LEASE, made and entered this 12th day of November, 2007, by and between Northwest Christian Schools, a non-profit corporation, 5104 E. Bernhill Rd., Colbert,WA 99005 hereinafter referred to as Lessor; and City of Spokane Valley, whose mailing address is 11707 East Sprague, Spokane Valley, Washington 99206,hereinafter referred to as Lessee. WITNESSETH: As used herein: (1)the term Lessee shall refer and apply equally to the plural term Lessees, (2)he or his shall apply to she and hers. For and in consideration of the mutual promises contained herein,the parties agree as follows: 1. LEASED PREMISES. The Lessor does hereby Lease to the Lessee and the Lessee does hereby hire and lease from the Lessor those certain premises located and described as The Clocktower Building Suite 304 11707 E. Sprague Ave.,Spokane Valley, WA 99206. Consisting of approximately 4,451 Sq. Ft. 2. (a)TERM. The term of this Lease shall be Two (2)years and Three(3)months, commencing on January 1,2008 and ending March 31,2010. In the event occupancy occurs in the middle of any month, rent for the first month shall be prorated to the first day of the next succeeding month and thereafter, all rental payments shall be due and payable on the first(1st) day of each month. (h)RENT. Lessee covenants and agrees to pay the Lessor at WEB Properties, Inc. P.O.Box 21469, Spokane, WA 99201,or to such other place as the Lessor may hereafter designate,monthly rental in the amounts of and due and payable on the first(1st) day of each month as noted. ) This is a gross lease and includes all costs for the subject Leased Premises and cammon area. A. The rental for the period of January 2008 through and including March 2009 shall be SIX THOUSAND ONE HUNDRED SEVENTY FIVE AND 00/100 DOLLARS ($6,175.00),per month in advance on the first(1St) day of each month. The rental for the period of April 2009 through and including March 2010 shall be SIX THOUSAND THREE HUNDRED SIXTY ONE AND 00/100 DOLLARS ($6,361.00),per month in advance on the first (1st) day of each month. A late-payment assessment of five percent (5%) of the monthly rental due will be charged for any rent paid after the tenth (10th)business day of the month in which rent is due. 3. USE OF PREMISES.The Leased Premises shall be used for commercial business purposes as permitted within a commercial business zone in Spokane County, Washington and all activities incident thereto and for no other purpose without the prior written consent of the Lessor first obtained. Lessee shall not use or allow the use of the Leased Premises in any manner that causes damage to the real property or improvements,nor shall Lessee use or allow use of the Leased Premises in any manner which would increase insurance premiums or for any illegal purpose. Lessee shall comply with all governmental rules, orders,regulations, or requirements relating to the use and occupancy of the Leased Premises. 4. RULES AND REGULATIONS. Lessor reserves the right to promulgate such reasonable rules and regulations relating to the use of parking areas as it may deem appropriate and for the best interest of the tenants, and Lessee agrees to abide by such rules and to cooperate in the observance thereof. Such rules and regulations shall be binding upon Lessee upon delivery of a copy thereof to Lessee. Said rules and regulations may be amended by Lessor from time to time with or without advance notice and such amendments shall be effective upon the delivery of a copy thereof to Lessee. Any material violation of such rules and regulations by SLO2 304213.2 2 Lessee,its officers, agents, employees or subtenants will constitute a breach of this lease and, upon expiration of the cure period,entitle the Lessor to claim a default thereunder in the same manner and to the same extent as any other default under the lease:provided,however,that the notice and cure provisions of Section 23 of this Lease shall be applicable. 5. REAL ESTATE TAXES. The Lessor shall pay all real property taxes due or falling due on said premises. However,in the event the Lessee shall make an improvement on the property which causes an increase in real property taxes, the Lessee hereby agrees to pay any reasonable increase caused. 6. MAINTENANCE. Lessor shall maintain in good condition,the improvements on the real property,including parking lot,leased pursuant to this Lease. This shall include any and all maintenance required to keep the improvements on the real property,including parking lot, which is the subject matter of this Lease,in the same condition,less normal wear and tear, casualty,condemnation and repairs required to be made by Lessor, as of the date of commencement of this Lease. 7. PARKING LOT MAINTENANCE. The Lessor shall keep and maintain the parking lot and landscaping in a neat and clean condition and repair at all times. In addition, Lessor shall remove snow during the winter season, as needed, and the Lessee agrees that there shall be no vehicles left overnight in the parking lot area by Lessee or any employee of the Lessee in order to prevent interference with the cleaning,maintaining and snow removal of the parking lot area. S. UTILITIES. The Lessor agrees to pay all charges for light,heat,water, sewer, garbage and all other utilities and services furnished to the premises except telephone. Lessor agrees to provide janitorial services sufficient to keep said Leased Premises and common area neat, clean and free of garbage and debris at all times. 9. ACCIDENTS AND LIABILITY. Neither Lessor nor its agents shall be liable for any injury or damage to persons or property sustained by Lessee or any others,in and about the Leased Premises. Lessee agrees to defend and hold Lessor and its agents harmless from any sr.oz 3042 13.2 3 i 1 claim, action and/or judgement for damages to property or injury to persons suffered or alleged to be suffered on the Leased Premises by any person, firm or corporation,unless caused by Lessor's negligence. Lessor and Lessee agree to maintain public liability insurance on the Leased Premises in the minimum single limit of One Million and No/100 dollars ($1,000,000.00) and shall name Lessor as an additional insured. Lessee shall furnish Lessor with a certificate indicating that the insurance policy is in full force and effect and listing the Lessor as an additional insured on the policy. Lessor shall name Lessee as an additional insured and shall furnish Lessee with a certificate indicating the insurance policy is in full force and effect and listing Lessee as an additional insured. 10.LIENS AND INSOLVENCY. Except as otherwise provided Lessee shall keep the Leased Premises free from any liens arising out of any labor performed or materials furnished to, or any obligations incurred by Lessee, and shall hold Lessor harmless against same. In the event Lessee becomes insolvent,bankrupt, or is a receiver, assignee or other liquidating officer is appointed for the business of Lessee, Lessor may cancel this Lease at its option. 11. SUBLETTING OR ASSIGNMENT. Except as otherwise provided Lessee may not assign or sublet all or any part of this lease of the Leased Premises, without Lessor's prior written consent. 12.ACCESS. Lessor shall have the right to enter the Leased Premises at all reasonable • times and provide Lessee reasonable notice except for emergencies for the purpose of inspection or of making repairs, additions or alterations, and to show the Leased Premises to prospective tenants sixty(60) days prior to the expiration of the term of this Lease. Lessor shall have the right to place a For Rent sign in connection with the Leased Premises for the sixty(60)days prior to the end of the term of this Lease. 13.POSSESSION AND QUIET ENJOYMENT. The Lessee shall be entitled to possession of the Leased Premises as soon as the same are ready for occupancy as hereinabove described and shall be entitled to continued quiet enjoyment of the Leased Premises during all F i { SLO2 904219.2 4 periods under the term of this Lease,provided that the Lessee shall be in good standing and shall have paid all rent reserved under the Lease and performed all covenants agreed to be performed by the Lessee under the term of the Lease. 14.DAMAGE OR DESTRUCTION. In the event the Leased Premises are rendered untenantable in whole or in part by fire, the elements,or other casualty,Lessor may elect at its option,within ten(10) days of the event not to restore or rebuild the Leased Premises and shall so notify Lessee,in which event Lessee shall vacate the Leased Premises and this Lease shall be terminated; or in the alternative,Lessor shall notify Lessee within ten(10) days after receiving notice of such casualty the Lessor will undertake to rebuild or restore the Leased Premises, and that such work can be completed within ninety(90) days from the date of such notice of intent. If Lessor cannot restore or rebuild the Leased Premises within the said ninety(90) days, except for delays which are not the fault of the Lessor,then the lease may be terminated at the Lessee's option by written ten(10) days notice to Lessor, During the period that the Leased Premises are not tenantable,rent shall abate in the same ratio as premises rendered untenantable bears to the whole of the Leased Premises. 15. SIGNS. The Lessee shall be permitted to have signage in connection with the occupancy of the Leased Premises, All signs or symbols placed by Lessee shall be subject to Lessor's prior written approval, which will not be unreasonably withheld or delayed, All signs shall be non-illuminated and shall be consistent with other signage placed upon the building or on any sign post established for the general use of all tenants within the building or using other building on the property common to the area. Signs shall generally conform to the size and type of sign currently in use on the Clocktower Building. At the termination of the Lease,the Lessee shall remove all signs, at Lessee's expense placed in,on or about the Leased Premises and will repair any damage caused by the removal to the Leased Premises. If the Lessee has a sign in a common use sign post or board,Lessee shall replace plastic in the sign at the termination of the Lease. 16. .ALTERATIONS AND IMPROVEMENTS.Tenant shall not make alterations, additions or to the improvements Premises without the prior written consent of Owner.Unless otherwise provided for, all such alterations, additions and improvements shall be • i SLO2 3i 4211,2 5 at the sole cost and expense of Tenant, and shall become the property of Owner and shall remain as part of the Premises at the termination or expiration of this Lease.Tenant agrees to save Owner harmless from any damage arising out of any such work. Owner reserves the right to make, from time-to-time, at its expense, such alterations and improvements to Premises and Property as it deems appropriate 17. CONDEMNATION. In the event that any government,or any agency or instrumentality having the power of eminent domain shall,by condemnation or deed in lieu thereof,take title,possession or the right to possession of the Leased Premises or any part thereof,Lessor may, at its option,terminate this Lease as of the date of such taking, and if Lessee is not in default under any of the provisions of this Lease on said date, any rental prepaid by Lessee shall,to the extent allocable to any period subsequent to the effective date of the termination,be promptly refunded to Lessee,provided Lessee shall be entitled to seek compensation for any Lessee improvements which are so taken by eminent domain. 18. COMPLIANCE WITH LAWS. Lessee shall at all times keep and use said Leased Premises in accordance with applicable laws and ordinances and in accordance with applicable directions,rules and regulations of public officials and departments as applicable to Lessee's specific use of the Leased Premises as opposed to use in general by the tenant at the sole expense of Lessee unless otherwise agreed by the parties. 19. CONFIRMATION BY LESSEE. Lessee agrees,from time to time during the Lease period,upon not less than fifteen(15)days prior written request by the Lessor, to sign and make available to the Lessor, a confirmation stating that the Lease is in full force and effect and unmodified as of the date of the signing of the confirmation. The purpose of such confirmation shall be to entitle the Lessor to provide said confirmation to a mortgagee or prospective mortgagee providing financing for said property,of which the Leased Premises is a part. 20.JOINT AND SEVERAL OBLIGATION. There being more than one Lessee,the obligations hereunder imposed upon Lessee are joint and several upon all persons included as Lessee. SLO2 304213.2 6 21. RIDERS. The riders or addenda,if any, attached to this Lease are made a part hereof by reference. 22.DEFAULT AND RE-ENTRY. If the Lessee shall fail to keep and perform any of the covenants and agreements herein contained,other than the payment of rent, and such failure continues for thirty(30) days after written notice from Lessor,unless appropriate action has been taken by Lessee in good faith to cure such failure,Lessor may terminate this Lease and re-enter said Leased Premises and without terminating this Lease,re-enter said Leased Premises, sublet the whole or any part thereof for the account of the Lessee for the balance of the term of this Lease, and Lessee covenants and agrees to pay to Lessor the fair rental value of any deficiency arising from re-letting of the Leased Premises at a lesser amount than herein agreed to. Lessee shall pay such deficiency each month as the amount thereof is ascertained by Lessor or at the Lessor's option,shall pay the present value [discounted at the rate of seven(7)percent per annum] of the balance of the rent for the remainder of the term of the Lease less the present value(discounted at the same rate) of the fair market value of the Leased Premises for said period. 23.BREACH OF LEASE. If the Lessee breaches this Lease after written notice and grace periods,then this Lease maybe terminated by the Lessor in the following manner at its option: The Lessor shall serve upon the Lessee,by registered or certified mail,at the Lessee's last known address, a notice in writing of the fact of said breach or breaches and a detailed description of said breaches. From and after the mailing of said notice,the Lessee shall have ten(10) days to cure any breach for the nonpayment of rent and thirty(30)days to cure any other breach of the lease. Failure of the Lessee to remedy said breaches within said period shall result in Lessee's total forfeiture of all its right,title and interest under this Lease, and the Lessor shall have the right to enter said premises and remove the Lessee and her property therefrom, . r take immediate possession for the purpose of protecting said property and cancel this Lease in its entirety or re-let the premises. In all cases of such forfeiture,Lessor shall make a good-faith effort to mitigate its damages. Lessee shall be liable only for reasonable deficiencies,which do not exceed fair market value of rent which result from re-letting. _ I SLO2 304213.2 7 24. REMOVAL OF PROPERTY. In the event Lessor lawfully re-enters the Leased Premises as provided herein, Lessor shall have the right,but not the obligation,to remove all of the personal property located therein and to place such property in storage at the expense and risk of Lessee. 25. COSTS AND ATTORNEY'S FEE/VENUE. If,by reason of any default or breach on the part of either party in the performance of any of the provisions of this Lease, a legal action is instituted,the losing party agrees to pay all reasonable costs including the prevailing party's reasonable attorney's fees as fixed by the court in connection therewith. It is agreed that the venue of any legal action brought under the terms for this lease shall be in Spokane County, Washington. . 26. SUBROGATING WAIVER. Lessor and Lessee each releases and relieves the other and waives its entire right of recovery against the other for loss or damage arising out of,or - incident to, all perils described in the fire and extended coverage insurance policy approved for use in the State of Washington,which occurs in,on or about the Leased Premises,whether due to the negligence of either party,their agents or employees or otherwise. 27.SUBORDINATION. Except as otherwise provided Lessee agrees that this Lease shall be subordinate to any mortgages or deeds of trust placed on the property provided that in the event of foreclosure, if Lessee is not then in default and agrees to attorn to the mortgagee or beneficiary under deed of trust,or purchaser at a foreclosure sale, such mortgagee or beneficiary or purchaser shall recognize Lessee's right of possession for the full term of this Lease. Lessor agrees to use Lessor's best efforts to obtain a Non-Disturbance Agreement. 28.NO WAIVER OF COVENANTS. Any waiver by either party of any breach hereof by the other shall not be considered a waiver of any future similar breach. 29.ENTIRE AGREEMENT. This Lease contains all the agreements between the 1 fE SLU2 364213.2 8 parties and no modifications shall be effective except by written instrument,signed by both parties. 30. SURRENDER OF PREMISES. Lessee agrees,upon termination of this Lease, to peacefully quit and surrender the premises to Lessor without notice, to leave the Leased Premises neat and clean, well maintained,in good condition,normal wear and tear excepted, and to deliver all keys to the Leased Premises to the Lessor. 31.HOLDING OVER. If Lessee,with the implied or express consent of Lessor, shall hold over after the expiration of the term of this Lease,Lessee shall remain bound by all the covenants and-agreements herein, except that the tenancy shall be from month to month and monthly rent shall be otherwise agreed upon.. 32.BINDING ON HEIRS,SUCCESSORS AND ASSIGNS. This Lease shall be binding upon the heirs, executors, administrators,successors and assigns of both parties hereto, except as hereinabove provided,but this does not constitute a consent to assignment. 33.NOTICE. Any notice required or allowed to be given by either party to the other shall be deposited in the United States mail,registered or certified,return receipt requested, postage prepaid, addressed to Lessor or to the Lessee at their addresses stated below,or at such other address as either party may designate to the other by notice given as herein provided. Lessor at: Northwest Christian Schools C/o WEB Properties,Inc. p.o.Box 21469 Spokane, WA 99201 Lessee at: City of Spokane Valley Attn: City Manager 11707 E. Sprague Suite 106 Spokane Valley, WA 99206 34. NON-SMOKING BUILDING POLICY. It is agreed between Lessor and Lessee that Redwood Plaza is a smoke-free office complex. There is to be no smoking at any time inside of the office building. If smoking within this complex becomes a problem,the Lessor has SLO2 304213.2 9 3 the right to cancel this Lease at its option,provided that the notice and cure provisions of section 23 hereof shall be applicable. 35.FRONT DOOR SECURITY. For the safety of all tenants and the janitor in the Clock Tower Professional Building, all exterior doors must be locked after 6:00 p.m.Monday through Friday. On the weekends all doors must be locked at the time of entering and at the time of exiting. 36.TIME OF ESSENCE. Time is of the essence in all provisions of this Lease. 37. TENANT IMPROVEMENTS. Lessor shall at its own cost and expense shall complete those improvements as outlined in Exhibit A. These improvements include construction of a new conference room at the southwest corner of the suite with a door from that new room into the interior space, finishing the west wall and noted electrical outlets throughout the space.The space is also to be painted,however the existing carpet is to remain. 38.ARBITRATION. In the event of a disagreement arising under this Lease, all matters shall be submitted to arbitration as follows: The party seeking arbitration shall submit, in writing, to the other party, a statement of the issue(s)to be arbitrated and shall designate a party to act as arbitrator on behalf of the party seeking arbitration. The responding party shall supply a statement of any counter or additional issue(s)to be arbitrated and shall nominate an arbitrator to act for the responding party. This process shall be accomplished within fourteen(14) days after the party seeking arbitration has deposited in the United States mail,postage prepaid,the initial notice of intent to arbitrate, addressed to the other party at the address hereinabove shown. a. The two (2) arbitrators selected shall immediately select a third arbitrator. The arbitrators thus convened shall,within a time established by a majority vote of the arbitrators, conduct a hearing on the issues submitted to them and render a decision 51.02 304213.2 10 1 1 r on each issue,in writing, to each of the parties to the dispute. Any decision as to procedure or substance made by a majority of the arbitration panel shall be binding. A decision by a majority of the arbitrators on any issues submitted shall be the decision of the arbitration panel as to that issue. The arbitrators shall have authority to award costs and reasonable attorney's fees to either party in accordance with the merits and good faith of the position asserted by the parties. Said final decision of the arbitration may be submitted to any court in the county in which the arbitration takes place to be entered in the form of a judgement therein. b. In lieu of appointing three (3) arbitrators in the manner set forth above,the parties may,by written agreement,designate a single arbitrator. c. Except as provided herein, the arbitration proceedings shall be conducted in accordance with the rules of the American Arbitration Association and the statutes of the State of Washington pertaining to binding arbitration. IN WITNESS WHEREOF,the parties hereto have executed this instrument at Spokane, Washington, on the day and year first above written. CITY OF SPOKANE VALLEY NORTHWEST CHRISTIAN SCHOOLS BY: ITS: �L. :�. � : ITS: c/-,`S 4 .4-bZ- / z AIP ITS: ia,„„r _< ITS: t1fld d} /1/014i) C �ssf�i�h AvattnrA 8L02 304213.2 11 I iE • Lessee Acknowledgment State Of Washington County Of Spokane • On . . rvl� p I ). 7 before me, "J date Notary Public personally appeared D \ , ,personally known to me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged tome that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal NIA Pg3M4rr Rifcolt? o 141 -oMPk;+4� s,'„ ° SIGNATURE OF NOTARY / 4111,,,,1 ■,■ � My Commission Expires OF 0,1 P6ti`� Lessor Acknowledgment STATE OF WASHINGTON) :ss County of Spokane) On this /)`//‘ day of, utia.ac , 200'K,before me,the undersigned, a Notary Public in and for the State of Waington,personally appeared yG7.7/t and .� „ (2. to me known or prove n the basis of satisfactuilevidence,to be the agent r NORTHWEST CHRISTIAN SCHOOLS,who executed the within and foregoing instrument and acknowledged the said instrument to be the free and voluntary act and deed of said corporation,for the uses and purposes therein mentioned, and on oath stated that they are authorized to executed said instrument on behalf of said corporation. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year first above written. CAS lt,� �7 w° ° qti}�,p }9{15Epr �,d /J kr 111' Notary Public in and for the State of :f >"� Washington,residing at Spokane {.,, = My Appointment Expires: '0/6 6f d 8' `,a0.` SLO2 304213.2 12 LEASE EXTENTION&EXPANSION AGREEMENT • THIS AGREEMENT made this 15°day of December,2008,by and between CITY OF SPOKANE VALLEY,whose mailing address,is 11707 East Sprague,Spokane Valley, Washington 99206,(hereinafter referred to as`Lessee"),and NQRTHWEST CHRISTIAN SCHOOLS, a nonprofit corporation,(hereinafter referred to as'lessor"); WHEREAS,The City Of Spokane Valley,as Lessee,and Northwest Christian Schools,as Lesser,entered into a Lease Agreements and renewals fm Suites 101,103,104,105,106,304,Suite B-3 and B.4 warehouse space as noted below,a copy of which is attached herein as Exhibit"A;"and WHEREAS,the term of the Leases expire on March 31st,2010. WHEREAS,The Lessee desires to continue said lease for an additional Three(3)Year beyond the end of its current term under the same terms and conditions set forth in said lease,as amended herein. • NOW,THEREFORE,•for and in consideration of the recitations set forth,the terms and provisions herein contained,and the mutual benefits to to derived here from,the parties do hereby • contract,covenant and agree as follows: I. ,Extention of Lease. The Leases,attached hereto as Exhibit"A"and incorporated herein by reference,is hereby renewed for a Three(3)Year term,beginning on April 1,2010 and terminating en March 31t,2013. The Lessee covenants and agrees to comply with all the terms and conditions of said Lease,as herein amended,and to be bound thereby and to pay all rent in the manner therein provided 2.Premises Leased. Lessee is leasing 22,646 square feet within the Clocktower Building,noted as follows:Suites 101,103,104,105,106 and 304.As well as quite B-3 consisting of 3,290 square feet of office space and B-4,2,300 square feet of warehouse space in the west wing building. All as shown on Exhibit"B"attached hereto. 3. Amendments to Lease, Lessee and Assignee hereby agree to amend certain provisions under the Lease as follows: a. NNN Charges. Property Taxes,Utilities,Maintenance,insurance,Administrative& Common Area Maintenance shall continue to be paid by Lessee for Suite B-4 as follows:2,300 sq.ft.of42,672 total CAM sq.it,or 1389%of building premises. CAM charges are billed quarterly. b. Rent Monthly rent for the period of April 2010 through March 2011 shall bo as follows: Clocktower Suites: $32,553.63 13-3: $ 3,857.53 e $ 289.67 Total Monthly Rent: $37,200.83 Monthly rent for the period of April 2011 through March 2012 shall be as follows: Clocktower Suites: $33,530.23 13-3: S 3,973.25 3--4(base rate); $ 813.3d Total Monthly Rent $38,316.84 Monthly rent for the period of April2012 through March 2013 shall be as follows: Clocktower Suites: $34,536.14 13-3: $ 4,092.45 13-4(base rate); $ 83736 Total Monthly Rent: $39,466.35 c. Option to Renew. There are no options to renew. Except as modified herein all other terms and conditions of said Lease shall remain in full force and effect. 3.Waivers.Modification or Amend tent, No waiver,modification or amendment of any term or condition of this Agreement shall be effective unless in writing,and no waiver or indulgence by either party or any deviation by the other party from MI performance of this Agreement shall be a waiver of the right to subsequent or other full,strict,and timely performance. 4. Merger Clause. This Agreement and the Lease Agreement attached as Exhibit A express the full and final purpose and agreement of the parties and will not be qualified,modified or supplemented by 1 Initials:_ 269— d37 11 F course of dealing,usage of trade,or course of performance. There are no verbal agreements uirich qualify,modify or supplement this Agreement. 5. Counterparts, This Agreement may be executed in t o or more parts,each of which shall be deemed an original,but all ofatch together shall constitute amend the same instrument. L{`11 //Pad eD9 INW1.11411SS WHEREOF,the parties hereto have set their hands this day of 2001.7 ih LESSOR LESSEE NORTIIWF;T CHRISTIAN SCHOOLS CITY OF S r KANE VALLEY II 1�I �(6 AY: ITS: Jrf r� 44 r' /1 4/74i • f -if A-4, ' ` G•, 45" trsDA (-4;17 .A-41114✓ 1111K s: j hied/PAW f hf M nFnr w - c�f. Sd /r��o��r.<<- -2,74 a ti COQ Extolled Oa Executed on f ADDRESS FOR NOTICES AND RENT ADDRESS FOR NOTICES Northwest Christian Schools,lyre. City Of Spokane Valley Ga WEB Properties,Inc. 11707 C.Sprague Suite 106 S 140 Arthur St.,Suite 510 Spokane Valley,WA 99206 Spokane,WA 99202 2 UJtsts_ Redwood Plaza GQSV Unit Actual TI Relmb. Base Rent Base+TI Unit Sqft Rent 4/1/2009 101 19241 2,737.89 $ 17.08 148,51 $ 2,589.38 $ 16.15 $ 2,685.58 $ 16,75 $ 2,834.09 103 1,140 1,53425 $ 16.15 $ 1,534.25 $ 16.15 $ 1,591.25 $ 16.75 $ 1,591.25 104 - 1,0t5 1,366.02 $ 16.15 $ 1,366.02 $ 16,15 $ 1,416.77 $ 16.75 $ 1,416.77 1b5 3;350` 4,768.44 $ 17.08 259.90 $ 4,508.54 $ 16.15 $ 4,676.04 $ 16.75 $ 4,935,94 106 '` 165. 15183.88 $ 17.08 829,92 $14,353.96 $ 16.15 $14,887.96 $ 16.75 $15,717.88 Sub Total 18095 1,238.33 $24,352.15 $25,257.60 $26,495.93 304 4,551 6,175.00 $ 16.28 $ 6,175.00 $ 16.28 $ 6,361.00 $ 16.77 $ 6,361.00 22,646 B3 3,290.00 3,635.79 $ 3,744.87 134.; 2 3D0.p0 766.67 $ 766.67 All_less B3}1O3 304,{;i 9 255 00 $23584157_ $24 433 02' $36,130.14 $37,368.47 Yellow are und8r$ingleTel eWe ___ 806 80 50 BOB 80 50 809 80 50 810 B0 50 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: March 12,2013 Department Director Approval: n Check all that apply: n consent n old business new business n public hearing n information n admin.report n pending legislation AGENDA ITEM TITLE: Motion Consideration: Confirmation of Mayoral Appointment, Councilmember to Boards and Committees. GOVERNING LEGISLATION: Various ordinances,resolutions and state statutes. BACKGROUND: Annually, the Mayor makes appointment recommendations to place councilmembers on various regional boards and committees. Mayor Towey made several recommendations for committee appointments, which were approved during the Council's December 11,2012 council meeting; and during the December 18, 2012 Council meeting, made several reassignments of committees which had been previously assigned to former Councilmember Grassel. During the February 5, 2013 Council meeting, Rod Higgins was chosen as the Interim Councilmember to fill Councilmember Grassel's vacated seat until the results of the November election are validated. After consultation, Mayor Towey has decided to release Councilmember Hafner from the Growth Management Steering Committee of Elected Officials, and to recommend Mr. Higgins to fill that appointment. OPTIONS: Confirm or not confirm, the Mayor's recommendation for appointment to the Growth Management Steering Committee of Elected Officials. RECOMMENDED ACTION OR MOTION: "I move to confirm the Mayor's recommended appointment of Councilmember Higgins to the Growth Management Steering Committee of Elected Officials,as outlined above." BUDGET/FINANCIAL IMPACTS: STAFF CONTACT: Mayor Towey ATTACHMENTS: CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: March 12,2013 Department Director Approval: n Check all that apply: n consent n old business [Z] new business n public hearing n information n admin.report n pending legislation AGENDA ITEM TITLE: Motion Consideration: Planning Commission Mayoral Appointment GOVERNING LEGISLATION: Spokane Valley Municipal Code 18.10. BACKGROUND: There is currently one opening on the Planning Commission. That Commission position was formerly held by Rod Higgins who was appointed February 5, 2013 as the Interim Councilmember as a result of the resignation of Councilmember Grassel. Mr. Higgins Planning Commission appointment was to expire December 31,2014. According to SVMC 18.10: "Members of the Planning Commission shall be nominated by the Mayor and confirmed by a majority vote of at least four members of the City Council. Planning Commissioners shall be selected without respect to political affiliations,and shall serve without compensation." A vacancy announcement was posted on the City's webpage, and was published in the Spokesman Review and in the Valley News Herald. The deadline to submit an application was 4:00 p.m. Monday, March 4, 2013; and once the deadline passed, copies of the applications were distributed to each Councilmember. Mayor Towey will announce his recommendation for this appointment at tonight's meeting. If there is no appointment confirmation,Mayor Towey could either make another recommendation, or the appointment could be postponed to a later date, and the opening can be re-advertised for appointment at a later council meeting. OPTIONS: Confirm or not confirm, the Mayor's recommendation for appointment to the Planning Commission. RECOMMENDED ACTION OR MOTION: "I move to confirm the Mayor's recommended appointment of to the Planning Commission to complete the unexpired term of the recently vacated position,which term expires December 31,2014. BUDGET/FINANCIAL IMPACTS: STAFF CONTACT: Mayor Towey ATTACHMENTS: Applications from Michael Phillips, and Sam Wood. CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: March 12, 2013 Department Director Approval: ❑ Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ® admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Update on Initiative 502 Implementation GOVERNING LEGISLATION: Initiative 502; RCW 69.51A; Controlled Substances Act (21 U.S.C. § 801 et seq.) PREVIOUS COUNCIL ACTION TAKEN: None. BACKGROUND: On November 6, 2012, the voters of the State of Washington approved Initiative 502 legalizing recreational marijuana. 1-502 became effective December 6, 2012, and citizens can now possess and use recreational marijuana, though there is currently no legal way to purchase marijuana. Under 1-502, the Washington State Liquor Control Board has been charged with creating licensing rules and issuing and regulating licensed growers, processers and retail sellers. Rules for licensing must be established by December 2013 and the Liquor Control Board anticipates having rules in place for retail sales to begin in December 2013. In addition to recreational marijuana, in 1998 voters approved the use of medical marijuana. Under the most recent amendments in 2011, RCW 69.51A establishes a regulatory scheme for the growing and use of medical marijuana. RCW 69.51A is separate from and was not modified by 1-502. The City currently issues business registration endorsements for medical marijuana establishments as retail sales uses, but provides a disclaimer that the City makes no statement on the legality of medical marijuana. Further complicating matters, it is illegal to grow, manufacture, distribute or possess marijuana under Federal law. The Federal government has not made any statement as to its position on recreational marijuana under 1-502. There is no definitive case law in Washington as to whether the medical marijuana provisions in RCW 69.51A may be preempted by Federal law. This presentation provides an overview of the state of recreational and medical marijuana and ongoing issues with respect to each. OPTIONS: Discussion. RECOMMENDED ACTION OR MOTION: Discussion. BUDGET/FINANCIAL IMPACTS: N/A. STAFF CONTACT: Erik Lamb, Deputy City Attorney ATTACHMENTS: PowerPoint presentation Update on I-502 and Medical Marijuana Erik Lamb, Deputy City Attorney Initiative 502 Marijuana Legalization • Legalizes Recreational Marijuana I-502 passed November 6 , 2012 • I-502 does not modify or amend any medical marijuana laws I-502 is solely a state-law; it does not modify federal law 2 1-502 Implementation Timeline Effective December 6, 2012 Possession and use of marijuana legal for people over 21 1 oz. dry useable marijuana 16 oz. marijuana infused product (solid) 72 oz. marijuana infused product (liquid) Growing and selling not legal until Liquor Control Board adopts rules and issues licenses Rules must be adopted and in place by December 2013 Liquor Control Board has indicated they plan to have licenses issued such that retail sales can begin by December 2013 3 Liquor Control Board Licensing Licenses required for each of the 3 steps: to grow, process, and make retail sales to customers Liquor Control Board is rulemaking and licensing agency • Cities may object to licenses (like with previous state- licensed liquor stores) Grower cannot also be retail seller; may be licensed to both grow and process Liquor Control Board will set number of possible licenses by county • Office of Financial Management originally estimated 100 growers, 55 processors, and 330 retail stores statewide 4 Licensing Continued • Retail Stores will be privately run, but licensed and regulated by Liquor Control Board No licensed marijuana facilities (growing, processing, or retail sales) or advertising within 1 ,000 feet of any: elementary or secondary school, playground, recreation center or facility, child care center, public park, public transit center, library, or game arcade that allows minors 5 8,--.., ••.'.nr.-. . 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'.I `�� p r °:n ■ 4 1 ��'l �tsi 2 � f l- J.:'.,::,,,,- _�MI IEEE � o r r— _ o —1\(\ i -I == r MCA . -1 I l - _ , is r k-;1'''''..)\7 t l - �fl 41 Q 1 Al —� I — IT -'t •• T + �4 t i. - .a...t.;!:, .,,, i .,,,,T__,,,c,"Th2„ \''' _ ,.._ ...nrmo hr. r ...: 4. -6. --1 - ri Exclusion Areas Legend Preliminary Marijuana Retail Regulation Study _ • Poe sin.. Pre-existing Use 1000 ft buffer Fail. la .kcpaa Nrii e:Th0 information Men on th maple nsnlpikid from vErious somas .+A * P.R. and i s surjed[actinism revision-The City makes nod mq or guarenBees Spann* 7 j &fi.ob annu}U 6 Iraq mwrmncy aro*map and arpm2.ly 7L�11._., 6sdueru kaNlitylor snare and ominims.n its commits. •'nll` -t1e,are =Parse To mnrrm smarmy mntan tt.City of Spak.ena Valley,Commonlly n-m»m,..l[ x Q Ai,„,,A 6 ❑epanntenl,Dintion of PYanning,i5 1 821-1300 �v Wn� v�Wi Irma cemr Map Procured January 12.2013 a 02 OA ob Licensing Continued • Liquor Control Board authorized to adopt rules for: • Equipment, management and inspection of marijuana facilities • Books and records maintained by licensed premises • Methods of growing, processing, and packaging, including sanitation conditions • Standards of ingredients, quality, and identity of marijuana products Security requirements 7 Other Limitations • No advertising on public transit vehicles/shelters or on any publicly owned or operated property • One 1 ,600 square inch sign with the business name is authorized for advertising • No use allowed in retail stores (these are not to be "pot-cafes") No home-growing 8 Public Safety Per se DUI limit of THC levels at greater than or equal to 5 nanograms per milliliter of blood Unlawful to use marijuana in public Unlawful to grow, process or sell marijuana without valid license 9 Financial 25% excise tax on growing 25% excise tax on processing 25% excise tax on retail sales All state excise taxes go to dedicated marijuana fund used for state general fund and other marijuana-related programs such as drug education B&O taxes on production and local retail sales taxes apply which go to local jurisdictions 10 Federal Law Issues ( Preemption ) Controlled Substances Act classifies marijuana as a schedule 1 drug • No medical benefits * Illegal to grow, manufacture, distribute, or possess marijuana Case law from other states - "Affirmatively authorize" vs. "merely decriminalize" Banking issues (federally insured banks hesitant to handle money derived from marijuana) 11 Current Status Liquor Control Board is currently in rulemaking process Holding public forums (8) across state prior to proposing rules Initial grower rules expected to be proposed in April; expected to be adopted and effective by July RFP for Consultant with product and industry knowledge to assist with implementation, including rulemaking, quality standards and testing, and geographic usage and consumption Anticipated to be awarded in March 12 Medical Marijuana ( RCW 69 .51A) Originally approved in 1998 by initiative; most recent amendments in 2011 Affirmative defense to possession and use of marijuana Intent in 2011 was to establish state registry of patients to provide for dispensaries and collective gardens • State registry was vetoed; only collective gardens may be considered allowed Law still references registry provisions I-502 is silent on medical marijuana and does not modify existing medical marijuana laws 13 Collective Gardens • Collective gardens • Limits on number of qualifying patients Recent court decision appears to have extended those limits significantly • Limits on number of plants • Limits on amount of useable marijuana 14 Medical Marijuana Current Practice • No zoning specific to medical marijuana Issue business registrations for operation of retail use in zones that allow retail uses Disclaimer regarding legality of medical marijuana City's license is not affirmative regulatory statement regarding legality of collective garden A middle path Limits challenges from business operators; limits federal challenges 15 Medical Marijuana Considerations City authorized to adopt zoning and business registration provisions for collective gardens p=° Affirmatively legitimizes City regulation of medical marijuana City authorized to adopt moratorium To consider impacts and means of response Federal law preemption issues Aiding and abetting by zoning, collecting tax or issuing licenses? Past raids on operators in the Spokane Region Challenges by business owners against the City for denying business registrations 16 Medical Marijuana Considerations Continued Proposed 25% tax on medical marijuana Proposed changes to RCW 69 . 51A (remove registry/clarify definition and requirements for qualified patients) Other regional jurisdictions • City of Spokane adopted moratorium in February 2013 Impact from I-502? 17 Questions? 18 DRAFT ADVANCE AGENDA For Planning Discussion Purposes Only as of March 7,2013; 10:00 a.m. Please note this is a work in progress; items are tentative To: Council & Staff From: City Clerk, by direction of City Manager Re: Draft Schedule for Upcoming Council Meetings Sat,March 16,2013,10 a.m. to 3 p.m. —Spokane Valley 10th Anniversary/Birthday Celebration March 19,2013, Study Session Meeting Format,6:00 p.m. [due Mon,March 11] 1.Update,Public Defender Caseload Limits—Erik Lamb,Morgan Koudelka (15 minutes) 2.Appleway Beautification—Eric Guth (20 minutes) 3. Stormwater Capital Projects—Eric Guth (20 minutes) 4. Economic Development—Mike Jackson,John Hohman (40 minutes) 5.Advance Agenda—Mayor Towey (5 minutes) [*estimated meeting: 100 minutes] March 26,2013,Formal Meeting Format,6:00 p.m. [due Mon,March 18] 1.March Community Recognition,Presentation of Key and Certificate—Mayor Towey (5 minutes) 2. Consent Agenda(claims,payroll,minutes) (5 minutes) 3. Proposed Ordinance 1st reading, 19.120,Townhouses in Neighborhood Commercial—Scott Kuhta(20 min) 4.Motion Consideration: Amended 2013 TIP—Steve Worley (15 minutes) 5. Information Only: Dept Reports; Planning Commission Minutes [*estimated meeting: 45 minutes] April 2,2013, Study Session Format,6:00 p.m. [due Mon,March 25] 1. Overview Property Crimes and Other Police Statistics—Chief VanLeuven (30 minutes) 2.Advance Agenda (5 minutes) [*estimated meeting: minutes] April 9,2013,Formal Meeting Format,6:00 p.m. [due Mon,April 1] 1. Consent Agenda(claims,payroll,minutes) (5 minutes) 2. Proposed Ordinance 2nd reading, 19.120,Townhouses in Neighborhood Commercial—Scott Kuhta(20 min) April 16,2013, Study Session Meeting Format, 6:00 p.m. [due Mon,April 8] 1.Advance Agenda April 23,2013,Formal Meeting Format,6:00 p.m. [due Mon,April 15] 1.April Community Recognition,Presentation of Key and Certificate—Mayor Towey (5 minutes) 2. Consent Agenda(claims,payroll,minutes) (5 minutes) 3.Admin Report: Advance Agenda—Mayor Towey (5 minutes) 4. Information Only: Dept Reports; Planning Commission Minutes April 30,2013, Study Session Meeting Format,6:00 p.m. [due Mon,April 22] 1.Advance Agenda Draft Advance Agenda 3/8/2013 8:16:30 AM Page 1 of 2 May 7,2013, Study Session Format, 6:00 p.m. [due Mon,April 29] 1.Advance Agenda (5 minutes) May 14,2013,Formal Meeting Format,6:00 p.m. [due Mon, May 6]] 1. Consent Agenda(claims,payroll,minutes) (5 minutes) 2.Advance Agenda May 21,2013,Study Session Meeting Format,6:00 p.m. [due Mon,May 13] 1.Advance Agenda May 28 2013,Formal Meeting Format,6:00 p.m. [due Mon,May 20] 1.April Community Recognition,Presentation of Key and Certificate—Mayor Towey (5 minutes) 2. Consent Agenda(claims,payroll,minutes) (5 minutes) 3.Admin Report: Advance Agenda—Mayor Towey (5 minutes) 4. Information Only: Dept Reports;Planning Commission Minutes June 4,2013,Study Session Format,6:00 p.m. [due Mon,May 27 1.Advance Agenda (5 minutes) June 11,2013,Formal Meeting Format,6:00 p.m. [due Mon, June 3] 1. Consent Agenda(claims,payroll,minutes) (5 minutes) 2.Advance Agenda June 18,2013,Budget Workshop, 8:30 a.m.—4:30 p.m.(tentative) [due Mon,June 10] (no evening meeting) June 25,2013,Formal Meeting Format,6:00 p.m. [due Mon,May 13] 1.April Community Recognition,Presentation of Key and Certificate—Mayor Towey (5 minutes) 2. Consent Agenda(claims,payroll,minutes) (5 minutes) 3.Admin Report: Advance Agenda—Mayor Towey (5 minutes) 4. Information Only: Dept Reports;Planning Commission Minutes July 2,2013, Study Session Format, 6:00 p.m. [due Mon,June 24] 1.Advance Agenda (5 minutes) OTHER PENDING AND/OR UPCOMING ISSUES/MEETINGS: ADA Transition Plan Solid Waste Analysis Arts Council Speed Limits(overall system) Bidding Contracts(SVMC 3.—bidding exceptions) Spokane Valley Day at the Fair(Sept 10,2013) Budget,2013 amendment Sprague Avenue Parking CDBG(spring 2013) SRTC Interlocal (amended) Coal Train EIS Regional Transportation Issues Future Acquisition Areas TIP(June,for six yr 2014-2019) Gateway,Regional MOU Governance Manual *time for public or Council comments not included Manufactured Home Zoning PEG Funds(Education) Public Safety Contract, Proposed Amendment Revenue Policy, Cost Recovery Sign Code Draft Advance Agenda 3/8/2013 8:16:30 AM Page 2 of 2 SC1"Fl OF pohane Valley 11707 E Sprague Ave Suite 106 • Spokane Valley WA 99206 509.921.1000 • Fax: 509.921.1008 • cityhall®spokanevalley.org Memorandum To: Mike Jackson, City Manager Mayor and Members of City Council From: Morgan Koudelka, Senior Administrative Analyst Date: March 12, 2013 Re: Caseload Standards for Indigent Defense Executive Summary • Beginning October 1, 2013, each public defender attorney will be limited on the number of cases they can work annually. • Each jurisdiction can use a case-weighting system or unweighted system. • For misdemeanor attorneys, the limit will be 400 cases (unweighted) or 300 weighted cases. This anticipates that many of the cases will have a weight of less than one applied. For instance, 200 cases weighted at 1.0 plus 200 cases weighted at .5 would equal 300 weighted cases. • The current annual caseload for Spokane County misdemeanor public defenders is 580. • The potential impact to Spokane Valley is $288,000 in salary and benefits, with additional costs for space, equipment, and overhead. Detailed Summary According to an Order of the Washington Supreme Court(25700-A), beginning October 1, 2013, all public defenders will be subject to annual caseload limits and must meet minimum qualification standards. The intent is to ensure that indigent defendants receive effective representation by allowing qualified public defenders to have the necessary time to devote to all of their cases. The City of Spokane Valley is only responsible for misdemeanor cases, gross misdemeanor cases, and infractions that occur within the City limits. Infractions are not handled by public defenders and felonies are the responsibility of the County. The City contracts with Spokane County for public defender services. The caseload limits are 300 misdemeanor cases per attorney per year if the jurisdiction has adopted a case weighting system, or 400 cases per year without case weighting. Case weighting involves weighting a case upwards or downwards if that case requires greater time and resources than the average case, or less time and fewer resources. For instance, 200 cases weighted at 1.0 Page 1 of 2 plus 200 cases weighted at .5 would equal 300 weighted cases. Currently the Spokane County Public Defender's Office has a caseload of 580 cases per misdemeanor attorney. In order to achieve the unweighted standard of 400 cases per year, seven new misdemeanor attorneys would have to be hired to handle all of the cases the County Public Defender Office handles. Spokane Valley comprises 37.85% of the misdemeanor workload. The potential impact to Spokane Valley if seven new attorneys were hired and no other steps were taken, is approximately $288,000 in additional salary and costs in the first year with additional costs for office space, workstations, equipment and vehicles, and overhead costs. If we implement a weighted system, we may be able to reduce the impact. Each public defender attorney will have to sign a quarterly certification of compliance filed in each court where the attorney has been appointed as counsel. We intend to utilize the same weighting system adopted by the County and reference that system through the interlocal agreement. City staff is currently identifying strategies to offset the impact to our general fund. Steps Taken • Met with County Public Defender and Budget Office. o Public Defender presented a preliminary weighting system to the Board of County Commissioners (BOCC). The BOCC has asked him to look at other jurisdictions. • Met with County Prosecutor's Office. o Spoke about community service diversion program and ability to divert Driving While License Suspended Third Degree (DWLS3) charges prior to filing (DWLS3 charges comprise 38% of the City's public defender cases). • Met with City of Spokane Public Defender. o Reviewed weighting system, misdemeanor process through criminal justice system, and diversion programs. • Met with Spokane Valley Police Department Chief and Lieutenant. o Spoke about use of license plate scanner and ability to bypass direct-file for cases that fit certain parameters. • Met with City of Spokane Prosecutor's Office. o Learned how they treat DWLS3 charges, pre-filing diversion, and re-licensing program. • Spoke with other cities around the state. o Kent's weighting system. o Walla Walla's interpretation of the caseload standards. o Seattle's success with law-enforcement assisted diversion and DWLS3 diversion. Next Steps • Identify Criminal Justice Goals for the City. • Utilize pre-filing diversion for DWLS3 to reduce Public Defender case-count. • Utilize other diversion programs and alternatives to incarceration to reduce incarceration costs, reduce recidivism, reduce crime and offset potential increases for public defender services. • Work with the County to ensure accurate Public Defender case-counting and case- weighting. • Find regional solutions to criminal justice inefficiencies. • Provide an administrative report to Council on March 19, 2013. Page 2 of 2