City Council

CITY COUNCIL MEETING TUESDAY, JANUARY 8, 2019 CITY HALL 22710 E. COUNTRY VISTA DRIVE 7:00 P.M. COMMITTEE WORKSHOP DISCUSSIONS – 6:00 p.m.  Finance  Library  Public Safety REGULAR SESSION – 7:00 p.m. 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. CALL TO ORDER 4. ROLL CALL 5. AGENDA APPROVAL 6. CITIZEN COMMENTS 7. PRESENTATIONS Recognition of Outgoing City of Liberty Lake Planning Commissioners Lisa Key, Director, Planning & Engineering Services GSI’s Regional Economic Development Website Todd Mielke, CEO & Cara Coon, Public Affairs Director 8. REPORTS  City Board & Commission Reports  Liberty Lake Sewer & Water District & Other Public Agency Reports 9. CITY COUNCIL REPORTS 10. CITY ADMINISTRATOR REPORT The public is invited to attend. Parking and meeting rooms are accessible for persons with disabilities. Contact the City at 755-6700 with 24-hours advance notice for special accommodations. 11. WORKSHOP DISCUSSIONS  Trailhead Master Plan – Scott Bernhard, Civil Engineer 12. ACTION ITEMS A. Consent Agenda i. Approve December 18, 2018 City Council Minutes ii. Approve December 31, 2018 vouchers in the amount of $417,758.94 and January 1, 2019 vouchers in the amount of $362,826.22 B. General Business i. Approve Ground Lease Agreement with Central Valley School District ii. Confirm Mayor Peterson’s appointments of Jamie Baird, Joshua McKee, and Tom Sahlberg as voting members of the Liberty Lake Planning Commission, and confirm Mayor Peterson’s appointment of Anita Eylar to the Adjunct Position of the Liberty Lake Planning Commission 13. RESOLUTION Resolution No. 19-248, surplusing the property for Rocky Hill 14. INTRODUCTION OF UPCOMING AGENDA ITEMS 15. CITIZEN COMMENTS 16. EXECUTIVE SESSION – 42.30.110(1)(i) – Litigation Discussion 17. ADJOURNMENT The public is invited to attend. Parking and meeting rooms are accessible for persons with disabilities. Contact the City at 755-6700 with 24-hours advance notice for special accommodations. PRESENTATION  AGENDA ITEM NO.: 7 BUSINESS OF THE CITY COUNCIL, LIBERTY LAKE, WASHINGTON SUBJECT: FOR THE AGENDA OF: January 8, 2019 Planning Commissioner Recognitions DEPT. OF ORIGIN: Planning & Engineering EXHIBIT: DEPT. HEAD APPROVAL: Director Applications EXPENDITURE REQUIRED: No BUDGETED: No SUMMARY STATEMENT In recognition of their valuable contributions to the City of Liberty Lake, and their distinguished service on the City’s Planning Commission, the City would like to award certificates of appreciation to the following outgoing Planning Commissioners:  Stan Jochim, who has served on the Planning Commission since 2005 (13 years);  Gary Green, who has served on the Planning Commission since 2013 (5 years); and,  Jared Von Tobel, who has served on the Planning Commission since 2013 (5 years). RECOMMENDED ACTION 1. Award certificates of appreciation, and recognize each recipient individually. CERTIFICATE O F APPRECIATION This certificate is awarded to Planning Commissioner Stan Jochim in recognition of valuable contributions to the City of Liberty Lake and for distinguished service on the City of Liberty Lake Planning Commission from 2005 - 2018. January 8, 2019 Steve Peterson, Mayor Katy Allen, City Administrator Lisa D. Key, Director of Planning & Engineering CERTIFICATE O F APPRECIATION This certificate is awarded to Planning Commissioner Gary Green in recognition of valuable contributions to the City of Liberty Lake and for distinguished service on the City of Liberty Lake Planning Commission from 2013 - 2018. January 8, 2019 Steve Peterson, Mayor Katy Allen, City Administrator Lisa D. Key, Director of Planning & Engineering CERTIFICATE O F APPRECIATION This certificate is awarded to Planning Commissioner Jared Von Tobel in recognition of valuable contributions to the City of Liberty Lake and for distinguished service on the City of Liberty Lake Planning Commission from 2013 - 2018. January 8, 2019 Steve Peterson, Mayor Katy Allen, City Administrator Lisa D. Key, Director of Planning & Engineering November 30th, 2018 The Honorable Steve Peterson Mayor, City of Liberty Lake 22710 E Country Vista Drive Liberty Lake, WA 99019 Dear Mayor Peterson: Greater Spokane Incorporated is part of a coalition of the primary economic development entities in the Spokane region – GSI, Visit Spokane, Greater Spokane Valley Chamber, West Plains Chamber, Downtown Spokane Partnership, University District, West Plains Airport PDA, and the Northeast PDA. In the past several months, we have come together to identify five areas of regional collaboration that all our organizations support. They provide this region with a unique opportunity to collaborate in a way that will benefit the entire community, and will reduce redundancy that serves only to eat up vital resources that could be used more efficiently. The five areas we’ve identified for collaboration and coordination include advocacy, capital investment/infrastructure, regional marketing, expansion/retention/recruitment, and organizational coordination. We’ve attached a copy of those items we’ve jointly identified. Specific to regional marketing, we are pursuing the creation of a regional economic development website that will serve as the primary virtual portal for the entire region. It will be the site where external audiences can find essential information. We plan to use the current ADVANTAGE Spokane website as a foundation, and to rebuild it to meet the needs of all our organizations by providing direct links. This would include the option for the City of Liberty Lake to have a link directly to a page/site where it can display economic development related information specific to your municipality. In exchange, we would ask that you utilize the ADVANTAGE Spokane website in your business development promotional materials and help us drive traffic to the site. As we’re sure you realize, the cost of building websites can be substantial, and today we are requesting a $7,500 investment by the City of Liberty Lake. We will be requesting contributions to this initiative from other municipalities and community entities as well. At this time, Spokane County is committing $25,000 and the Airway Heights City Manager is requesting $5,000 from their current budget. The advantages to such an approach are numerous. Most importantly, we want to create a user-friendly platform for external audiences to find critical information about our region. Having a single platform means numerous entities, including the City of Liberty Lake, can use this website in promotional materials to drive business traffic to the site. It means as a community we present unified, consistent messaging that is updated in a timely manner. We won’t send conflicting messages, and we will create a one-stop location to serve the needs of site selectors, commercial realtors, and businesses seeking information. We recognize that resources are scarce, and that’s why we have come together to present a solution – strategic initiatives where all of us agree there’s an advantage to the region, and to our organizations. Please let us know if you have any questions or need additional information. We will be scheduling follow up meetings with you to provide additional detail and answer any questions you may have. Sincerely _________________________________ Todd Mielke, CEO Greater Spokane Inc CC: Katy Allen, Liberty Lake City Manager Liberty Lake City Council members ACTION ITEMS  City of Liberty Lake Consent Agenda for January 8, 2019 City Council Meeting Report from the Mayor for pending claims and payment of previously‐approved obligations through January 8, 2019 Payee Description Amount See attached check register. Total Vouchers through December 31, 2018 $87,772.72 Total vouchers through January 1, 2019 $362,826.22 December, 2018 Payroll & Benefits $329,986.22 TOTAL $780,585.16 RECOMMENDATION: Approve and Authorize for Payment ATTACHMENTS: All original invoices are on file with the City Treasurer. SIGNATURES: City Clerk Mayor Finance Committee  AGENDA ITEM NO.: 12Bi BUSINESS OF THE CITY COUNCIL, LIBERTY LAKE, WASHINGTON SUBJECT: Ground Lease – Public Works Yard FOR THE AGENDA OF: January 8, 2019 DEPT. OF ORIGIN: City Administrator EXHIBIT: Ground Lease Agreement DEPT. HEAD APPROVAL: Katy Allen EXPENDITURE REQUIRED: YES - $1/yr plus recording costs BUDGETED: YES SUMMARY STATEMENT The City desires to purchase a 3 Acre site on the west side of Henry Road from Central Valley School Dist. The intended use of the property is as a Public Works Yard. The purchase cost and initial site improvements (fencing, utility, grading) were approved in the 2018 and 2019 budgets. In order to complete the purchase, the closing transaction is tied to completing the annexation process. The City requested early possession so that City Staff can begin site work in preparation for utilization this coming summer/fall. Central Valley School District has agreed to our request for a Ground Lease (see attached). Our goal is to bring the documents back to Council in March/April timeframe to complete the complete purchasing of the site. The attached Ground Lease has been reviewed by the city attorney. RECOMMENDED ACTION Staff recommendation is to approve a Ground Lease with CVSD for the 3 acre Henry Road Public Works Yard.  GROUND LEASE THIS GROUND LEASE (“Lease”) is made and entered into as of __________, 2019, (the “Effective Date”) by and between CENTRAL VALLEY SCHOOL DISTRICT NO. 356, a Washington municipal corporation (“Landlord”) and CITY OF LIBERTY LAKE, a Washington municipal corporation (“Tenant”). RECITALS WHEREAS, Landlord and Tenant, contemplate a purchase and sale transaction for the property legally described on Exhibit “A” attached hereto and incorporated herein (the “Property”); and WHEREAS, Landlord agreed to lease to Tenant and Tenant has agreed to lease from Landlord the Property until the closing thereof. AGREEMENT NOW THEREFORE, in consideration of the mutual promises contained herein and other good and valuable consideration, it is agreed as follows: 1. PROPERTY AND RENT. 1.1 Lease of Property. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the Property together with all improvements located thereon, if any, subject to the terms and conditions of the Lease. 1.2 Rent. During the Term, Tenant agrees to pay Landlord the sum of One and No/100 Dollars ($1.00) per month as rent (the “Rent”). 2. TERM. The term of the Lease shall run from the Effective Date until 11:59 p.m. on April 30, 2019 (the “Term”) unless terminated earlier as provided for in this Lease, or the closing of the Property purchase and sale transaction. 3. TAXES AND UTILITIES. 3.1 Taxes. Tenant will pay all taxes assessed against its leasehold interest in the Property, the improvements, trade fixtures, furnishings, equipment, or any other personal property belonging to Tenant. If any of Tenant’s personal property is taxed with the Property, Tenant must pay Landlord the taxes for the personal property within fifteen (15) days after Tenant receives a written statement from Landlord for the personal property taxes. During the Term, Tenant agrees that it will be responsible for the payment of all assessments imposed on the Property by any improvement district or special taxing authority. Notwithstanding the foregoing, Landlord shall pay any and all real property taxes assessed against the Property, and shall keep the Property free and clear from any real property tax liens. Ground Lease - 1 4825-6345-9705.1  3.2 Utilities. Tenant will pay directly to the appropriate supplier the cost of all natural gas, heat, light, power, sewer service, telephone, water, refuse disposal, cable television, and other utilities and services supplied to the Property. Tenant will be responsible for posting all utility deposits associated with any utility service to the Property. All utilities will be listed in the name of Tenant. 4. INSURANCE; INDEMNITY; SUBROGATION. 4.1 General. All insurance policies required to be carried by Tenant under this Lease shall: (a) be written by companies rated A-/IX or better in the most recent edition of “Best’s Insurance Guide” and authorized to do business in the state in which the Property is located and (b) name Landlord as additional insureds. Any deductible amounts under any insurance policies required hereunder shall be subject to Landlord’s prior written approval. Tenant shall deliver to Landlord certified copies of its insurance policies, or an original certificate evidencing that such coverage is in effect, on the Effective Date and thereafter at least thirty (30) days before the expiration dates of expiring policies. Tenant’s coverage shall be primary insurance with respect to Landlord and its officers, directors and employees of both of them. 4.2 Tenant’s Liability Insurance. Tenant shall keep in force during the Term a policy of commercial general liability insurance insuring against any liability arising out of Tenant’s use, occupancy, or maintenance of the Property and the acts, omissions and negligence of Tenant, its employees, agents and contractors in and about the Property. As of the Effective Date, such insurance shall provide coverage for and shall be in the amount of not less than One Million and no/100 Dollars ($1,000,000.00) per occurrence and Three Million and no/100 Dollars ($3,000,000.00) in the aggregate for bodily injury and property damage. Coverage shall apply per occurrence to each insured against whom a claim is made or suit is brought, except with respect to the limits of the insurer’s liability. 4.3 Tenant’s Property Insurance. Tenant shall maintain and pay for all premiums for insurance against loss or damage to the Property and improvements located on the Property by fire, lightening, vandalism, malicious mischief, with an all risk endorsement. Insurance shall be for 100% of the full insurable value of all improvements and with a deductible customarily acceptable by similarly situated tenants. All such insurance shall be for the benefit of Landlord and Tenant. 4.4 Tenant’s Worker’s Compensation and Employment Practices Insurance. Tenant shall maintain Worker’s Compensation insurance in accordance with the laws of Washington and employer’s liability insurance with a limit of not less than One Million and no/100 Dollars ($1,000,000.00) per accident. 4.5 Waiver of Subrogation. Neither Landlord nor Tenant shall be liable to the other or to any insurance company (by way of subrogation or otherwise) insuring the other party for any loss or damage to any building, structure or other tangible property, or any resulting loss of income and benefits (even though such loss or damage might have been occasioned by the negligence of such party, its agents or employees) if such loss or damage is covered by insurance benefiting the party suffering such loss or damage or is required to be covered by insurance pursuant to this Lease or could have been insured against. Landlord and Tenant agree that Ground Lease - 2 4825-6345-9705.1 deductibles under Tenant’s insurance policies and other amounts that are self-insured by Landlord or Tenant shall be deemed covered by insurance and all claims for recovery thereof are hereby waived. Landlord and Tenant shall require their respective insurance companies to include a standard waiver of subrogation provision in their respective policies. 4.6 Indemnification. Tenant shall defend, indemnify and hold Landlord and Landlord’s agents, officers, directors, employees and contractors harmless against and from any and all claims, liabilities, losses, damages, suits, costs and expenses of any kind or nature including without limitation reasonable attorneys’ fees (“Claim” or “Claims”) arising from or relating to (a) Tenant’s use of the Property, or (b) any acts, omissions, negligence, or default of Tenant or Tenant’s agents, employees, or contractors, except to the extent any such Claim is caused by the negligence or willful misconduct of Landlord. The terms of the indemnification by Tenant set forth in this Section shall survive the expiration or earlier termination of this Lease. Furthermore, Landlord shall defend, indemnify and hold Tenant and Tenant’s agents, officers, directors, employees and contractors harmless against and from any and all Claims arising from or relating to (a) Landlord’s use of the Property, or (b) any acts, omissions, negligence, or default of Landlord or Landlord’s agents, employees, or contractors, except to the extent any such Claim is caused by the negligence or willful misconduct of Tenant. The terms of the indemnification by Landlord set forth in this Section shall survive the expiration or earlier termination of this Lease. 4.7 Waiver of Worker’s Compensation Immunity. Landlord and Tenant agree that the indemnification obligations contained in this Lease shall not be limited by any worker's compensation, benefit or disability laws, and each indemnitor hereby waives any immunity that said indemnitor may have under the Industrial Insurance Act, Title 51 RCW and any similar or successor worker's compensation, benefit or disability laws. This waiver is for the exclusive benefit of the party to be indemnified hereunder and is not intended, and shall not be construed, to be for the benefit of any employee of any indemnitor hereunder. 5. USE. 5.1 Use Defined. The Property shall be used solely for use as a public works storage yard and for all uses reasonably related thereto (the “Use”). 5.2 Permitted Improvements. Tenant shall be permitted to perform clearing and grading work on the Property and to install a perimeter fence (the “Permitted Improvements”). Tenant shall provide Landlord with a site plan depicting the Permitted Improvements and Landlord shall have the right to approve the Permitted Improvements prior to commencement of work by Tenant, which approval shall not be unreasonably conditioned, withheld or delayed. 5.3 Conditions of Record. Landlord’s title is subject to: (a) the effect of any covenants, conditions, restrictions, easements, development agreements, mortgages or deeds of trust, ground leases, rights of way and any other matters or documents of record now or hereafter recorded against Landlord’s title; (b) the effects of any zoning laws of the city, county and state where the Property is situated; and (c) general and special taxes and assessments not delinquent. Ground Lease - 3 4825-6345-9705.1 6. MAINTENANCE, REPAIRS, ALTERATIONS, AND SIGNAGE. 6.1 Tenant’s Obligations. Tenant, at its sole cost and expense, shall keep at all times the Property in good order and repair. 6.2 Landlord’s Obligations. Landlord shall have no maintenance and repair obligations for the Property. 6.3 Surrender. Upon the expiration or termination of this Lease, Tenant shall surrender the Property to Landlord in good and broom clean condition, excepting ordinary wear and tear and damage which is caused by fire or other casualty which Landlord is obligated to repair, and Tenant shall remove all of Tenant’s trade fixtures, signs and personal property. 6.4 Alterations. Except as otherwise provided or herein, Tenant shall not make any alterations, additions or improvements to the Property without first obtaining, in each instance, the written consent of Landlord. 6.5 Personal Property. Personal property, fixtures and equipment used in the conduct of Tenant’s use and placed by Tenant on or in the Property (collectively, “Personal Property”) shall not become a part of the realty and may be removed by Tenant at any time. Any trade fixtures, equipment or Personal Property belonging to Tenant shall be deemed abandoned and shall become the property of Landlord if not removed within five (5) business days after the expiration or sooner termination of the Term and may, if so elected by Landlord, become the property of Landlord. Upon the Effective Date and for the balance of the Term, Tenant shall pay, prior to delinquency, any taxes and assessments that may be assessed or levied on or against any of Tenant’s Personal Property placed on or in the Property. 7. LIENS. Tenant shall keep the Property free and clear of all liens, stop notices, demands and claims arising from work done by or for Tenant or for persons claiming under Tenant, and Tenant shall indemnify and save Landlord free and harmless from and against any Claims arising from or relating to the same. If Tenant fails to remove or satisfy any lien, stop notice or claim in connection with work performed by or on behalf of Tenant within fifteen (15) days after written notice by Landlord, Landlord shall have the right (but not the obligation), in addition to any other rights or remedies of Landlord, to use whatever means in its discretion it may deem appropriate to cause said claim, stop notice, or lien to be rescinded, discharged, compromised, dismissed or removed, including, without limitation, posting a bond. Any such sums paid by Landlord, including attorneys’ fees and bond premiums, shall be immediately due and payable to Landlord by Tenant. Tenant shall immediately give Landlord notice of any claim, demand, stop notice or lien made or filed against the Property and/or any action affecting title to the Property. 8. ASSIGNMENT AND SUBLETTING. Tenant shall not transfer, assign, sublet, enter into any franchise, license or concession agreements, change ownership or voting control, mortgage, encumber, pledge or hypothecate all or any part of this Lease. Ground Lease - 4 4825-6345-9705.1 9. DEFAULTS; REMEDIES. 9.1 Tenant’s Default. Tenant shall be in default in the event of any of the following: (a) if Tenant fails to make any payment of Rent or any other sum or amount payable hereunder and such failure shall continue for five (5) days after written notice by Landlord; (b) if Tenant fails to perform any other obligation to be performed by Tenant hereunder and such failure shall continue for thirty (30) days after written notice by Landlord; provided, however, if the nature of such default is such that the same cannot reasonably be cured within a thirty (30) day period, then Tenant shall not be deemed to be in default if it shall commence such cure within such thirty (30) day period and thereafter rectify and cure such default with due diligence; (c) if Tenant abandons or vacates the Property; (d) if Tenant files a petition or institutes any proceedings under the Bankruptcy Code, or if any such proceeding or similar kind or character be filed against Tenant; or (e) if Tenant is in monetary default three (3) times in any twelve (12) month period. Landlord’s acceptance, either before or after issuance of any notice of default, of any partial payment of the rent due hereunder shall not constitute a waiver of any of Landlord’s rights, specifically and without limitation Landlord’s right to pursue an unlawful detainer action. Instead, acceptance of any partial payment of the rent shall serve as evidence of that payment only. 9.2 Remedies in Default. 9.2.1 In the event of a default by Tenant, Landlord, in addition to any other remedies available to it at law or in equity, including injunction, at its option, without further notice or demand of any kind to Tenant or any other person, may: (a) terminate this Lease and Tenant’s right to possession of the Property and recover possession of the Property and remove all persons therefrom; (b) continue the Lease in effect after Tenant’s breach and abandonment and recover Rent as it becomes due, if Tenant has the right to sublet or assign, subject only to reasonable limitations; or (c) even though it may have re-entered the Property, thereafter elect to terminate this Lease and all of the rights of Tenant in or to the Property. 9.2.2 Tenant’s right to possession shall not be deemed to have been terminated by efforts of Landlord to relet the Property, by its acts of maintenance or preservation with respect to the Property, including its entry upon the Property, appointment of a receiver to protect Landlord’s interests hereunder, or by any action, in unlawful detainer or otherwise, to obtain possession of the Property, unless Landlord shall have notified Tenant in writing that Landlord has so elected to terminate this Lease. In the event of any entry or taking possession of the Property as aforesaid, Landlord shall have the right, but not the obligation, to remove therefrom all or any part of the personal property located therein and place the same in storage at the expense and risk of Tenant. 10. DESTRUCTION. 10.1 Tenant’s Option to Terminate. In the event of total or partial damage to the improvements on the Property, Tenant may terminate this Lease at the date of the damage upon written notice to Landlord within fifteen (15) days following the casualty. Ground Lease - 5 4825-6345-9705.1  10.2 Repairs. In the event that Tenant does not elect to terminate the Lease as provided for in Section 10.1, then this Lease shall continue in full force and effect and the improvements on the Property shall be reconstructed with the obligations of the parties being as set forth herein. Such partial destruction shall in no way annul or void this Lease. Tenant will commence, as soon as is reasonable under the circumstances, and continue thereafter diligently and without interruption thereof at Lessee’s sole expense, to repair, restore and rebuild the same as nearly as possible to the condition they were in immediately prior to such damage or destruction, or with such changes or alterations as may be made in conformity with the provisions of this Lease relating to changes or alterations or as otherwise may be approved by Landlord. 11. CONDEMNATION. 11.1 Taking. If any portion of the Property or the improvements thereon shall be taken under any right of eminent domain, or any transfer in lieu thereof and such taking renders the Property unsuitable, in the reasonable judgment of Tenant, for Tenant’s operations, then Tenant may terminate this Lease by giving written notice to the other within sixty (60) days after such taking. 11.2 Award. Any and all awards payable by the condemning authority or other governmental agency in connection with a taking under the right of eminent domain shall be the sole property of Landlord. Nothing herein shall prohibit the Tenant from seeking an award for the condemnation of its rights under the Lease. 12. COMPLIANCE WITH LAWS. 12.1 Laws Generally. Tenant, at its sole cost and expense, shall comply with all existing and future laws, ordinances, orders, rules, regulations and requirements of all governmental and quasi-governmental authorities (including the Americans With Disabilities Act) having jurisdiction over the Property and shall perform all work required to comply therewith. 12.2 Compliance with Environmental Laws. 12.2.1 Tenant, its agents, employees, subtenants, assignees, contractors or invitees (collectively, “Tenant Parties”), shall not cause or permit any hazardous or toxic materials or substances (“Hazardous Materials”) including, without limitation, asbestos, to be brought upon, stored, used, handled, transported, generated, released or disposed of, on, in, under or about the Property by Tenant; provided Tenant shall have the right to maintain upon the Property such Hazardous Materials as are reasonably necessary for the conduct of the Use (collectively, the "Permitted Materials") and the proper maintenance of the Property. As used in this Lease, the term "Hazardous Materials" shall not include the Permitted Materials. At all times and in all respects, Tenant and the other Tenant Parties shall comply with all federal, state and local laws, statutes, ordinances, orders, rules, regulations and requirements (“Requirements”) of all governmental and quasi-governmental authorities (“Authorities”) with jurisdiction and all regulations relating to Hazardous Materials. Ground Lease - 6 4825-6345-9705.1  12.2.2 If at any time during or after the Term, Hazardous Materials are found to exist in or on the Property or to have contaminated the soils, air or underground water of the Property because of any deposit, spill, discharge, or other release of Hazardous Materials that occurs at or from the Property, or which arises at any time from Tenant’s use or occupancy of the Property, then Tenant, at its sole cost and expense, shall: (a) promptly remove such Hazardous Materials; and (b) take all such remedial action required by all Requirements of all Authorities. Notwithstanding the foregoing, Landlord, at its sole cost and expense, shall arrange for the necessary removal and/or remediation if Tenant can prove that the Hazardous Materials were present in or on the Property before the date of this Lease and that such removal and/or remediation was not necessitated by any work or any other activity performed by Tenant. 12.2.3 Tenant shall indemnify, defend, protect and hold Landlord and each of its partners, employees, agents, attorneys, successors and assigns, free and harmless from and against any and all claims, liabilities, penalties, forfeitures, losses and expenses (including attorneys’ fees), arising from or caused in whole or in part, directly or indirectly, by the failure of Tenant or any Tenant Party failure to comply with the terms of this Section, or the use, analysis, storage, transportation, disposal, release, threatened release, discharge or generation by Tenant or any Tenant Party of Hazardous Materials to, in, on, under, about or from the Property or any portion of the Property including, without limitation, any buildings located thereon. The terms of the indemnification by Tenant set forth in this Section shall survive the expiration or earlier termination of this Lease. 13. LATE CHARGE AND INTEREST. 13.1 Late Charge. If any installment of Rent or other sum due from Tenant shall not be received by Landlord’s designee on the date such Rent or other sums are due Landlord, Tenant shall pay to Landlord a late charge equal to ten percent (10%) of such overdue amount. In addition, Tenant shall pay to Landlord any attorney fees and expenses incurred by Landlord by reason of Tenant’s failure to pay Rent and/or other charges when due hereunder. 13.2 Interest. Any sum due and payable to Landlord under the terms of this Lease which is not paid when due shall bear interest from the date when the same becomes due and payable by the provisions hereof until paid at a per annum interest rate equal to the lesser of the maximum rate allowed by applicable usury law or twelve (12%) percent. 14. QUIET ENJOYMENT. So long as Tenant is not in default hereunder, then, subject to the other terms and conditions of this Lease, Tenant shall not incur any manner of hindrance or interference with its quiet enjoyment, possession and use from Landlord. 15. RIGHT OF ENTRY. Landlord, and its authorized representatives, shall have the right to enter the Property at all reasonable times upon no less than 24 hours prior notice to Tenant. Landlord shall have free access to the Property in an emergency situation which requires, in the good faith judgment of Landlord, immediate action in order to prevent death, bodily injury or significant property damage. Ground Lease - 7 4825-6345-9705.1 16. WAIVERS. No delay or omission in the exercise of any right or remedy of Landlord with respect to any default by Tenant shall impair such right or remedy or be construed as a waiver. The receipt and acceptance by Landlord of delinquent payments due hereunder shall not constitute a waiver of any other default, nor shall Landlord’s acceptance, either before or after issuance of any notice of default of any partial payment of the rent due hereunder shall not constitute a waiver of any of Landlord’s rights, specifically and without limitation Landlord’s right to pursue an unlawful detainer action. Instead, acceptance of any partial payment of the rent shall serve as evidence of that payment only. Landlord’s consent or approval shall not be deemed to render unnecessary the obtaining of Landlord’s consent to or approval of any subsequent act by Tenant, whether or not similar to the act so consented to or approved. 17. ATTORNEYS’ FEES. If either party hereto brings an action at law or in equity to enforce, interpret or seek redress for the breach of this Lease, then the prevailing party in such action shall be entitled to recover all court costs, witness fees and reasonable attorneys’ fees, at trial, arbitration or on appeal in addition to all other appropriate relief. Such costs shall be recoverable whether or not suit is actually filed or a judgment entered. 18. NOTICES. Every notice, demand or request (collectively, “Notice”) required hereunder or by law to be given by either party to the other shall be in writing and shall be served on the parties at the addresses set forth herein or such other address as the party to be served may from time to time designate in a Notice to the other party. Any such Notices shall be sent either by: (a) United States certified or registered mail, postage prepaid, return receipt requested; (b) overnight delivery using a nationally recognized overnight courier, which shall provide evidence of delivery upon sender’s request; (c) personal delivery; or (d) facsimile, in which case Notice shall be deemed delivered upon receipt of confirmation of transmission of such Notice (provided a follow up Notice is: (i) mailed by certified or registered US Mail, postage prepaid, return receipt requested; (ii) delivered by overnight delivery; or (iii) delivered by personal delivery within one (1) business day thereafter). All Notices given in the manner specified herein shall be effective upon the earliest to occur of: (i) actual receipt; (ii) the date of inability to deliver to the intended recipient as evidenced by the U.S. Postal service or courier; or (iii) the date of refusal by the intended recipient to accept delivery as evidenced by the U.S. Postal service or courier. Notices shall be sent to the following addresses: If to Landlord: Central Valley School District No. 356 Attn: Superintendent 19307 East Cataldo Avenue Spokane Valley, Washington 99016 Ground Lease - 8 4825-6345-9705.1  If to Tenant: City of Liberty Lake Attn: Mayor 22710 East Country Vista Drive Liberty Lake, WA 99019 19. EMPLOYMENT LIMITATIONS. The parties shall prohibit any of their respective employees from having any contact with children pursuant to this Lease during the course of his or her employment if such individual has pled guilty or been convicted of any felony crime involving the physical neglect of a child under RCW Chapter 9A.43, the physical injury or death of a child under RCW Chapters 9A.32 or 9A.36 (except motor vehicle violations under RCW Chapter 46.61), sexual exploitation of a child under RCW Chapter 9.68A, sexual offenses under RCW Chapter 9A.44, where a minor is the victim, promoting prostitution of a minor under RCW Chapter 9A.88, the sale or purchase of a minor child under RCW 9A.64.030, a violation of similar laws of another jurisdiction. Each party hereto shall engage in due diligence to learn whether any of its employees have pled guilty or been convicted of any such crime and shall require its employees to self-report any such plea or conviction. 20. MISCELLANEOUS. 20.1 Cumulative Remedies. No remedy herein conferred upon or reserved to Landlord is intended to be exclusive of any other remedy herein or by law provided, but each shall be cumulative and shall be in addition to every other remedy given hereunder or now hereafter existing at law or in equity by statute. 20.2 Waiver of Trial by Jury. Landlord and Tenant desire and intend that any disputes arising between them with respect to or in connection with this Lease be subject to expeditious resolution in a court trial without a jury. Therefore, Landlord and Tenant each hereby waive the right to trial by jury of any cause of action, claim, counterclaim or cross-complaint in any action, proceeding or other hearing brought by either Landlord against Tenant or Tenant against Landlord or any matter whatsoever arising out of, or in any way connected with, this Lease, the relationship of Landlord and Tenant, Tenant’s use or occupancy of the Property or any claim of injury or damage, or the enforcement of any remedy under any law, statute, or regulation, emergency or otherwise, now or hereafter in effect. 20.3 Severability. The unenforceability, invalidity or illegality of any provision of this Lease shall not render the other provisions unenforceable, invalid or illegal. 20.4 Governing Laws. This Lease shall be construed and interpreted in accordance with the laws of the State of Washington. 20.5 Force Majeure. If by reason of any event of Force Majeure either party to this Lease is prevented, delayed or stopped from performing any act which such party is required to perform under this Lease, the deadline for performance of such act by the party obligated to perform shall be extended for a period of time equal to the period of prevention, delay or stoppage resulting from the Force Majeure event, unless this Lease specifies that Force Majeure is not applicable to the particular obligation. As used in this Lease, the term “Force Majeure” Ground Lease - 9 4825-6345-9705.1 shall include, but not be limited to, fire or other casualty, bad weather, inability to secure materials, strikes or labor disputes (over which the obligated party has no direct or indirect bearing in the resolution thereof, or if said party does have such bearing, said dispute occurs despite said party’s good faith efforts to resolve the same), acts of God, acts of the public enemy or other hostile governmental action, civil commotion, governmental restrictions, regulations or controls affecting, and/or other events over which the party obligated to perform (or its contractor or subcontractors) has no control. Force Majeure shall not apply to any payment of any amounts owed by either party to the other. 20.6 Successors and Assigns. Subject to the provisions of Section 8 regarding assignment and subletting, all of the provisions, terms, covenants and conditions of this Lease shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, successors and assigns. 20.7 Relationship. Nothing contained in the Lease shall be deemed or construed by the parties or by any third person to create the relationship of principal and agent, or of partnership, or of joint venture, or of any association between Landlord and Tenant. 20.8 Integration; Modification. This Lease contains all of the representations, understandings and agreements of the parties with respect to the demise of the Property and may not be amended or modified except by a written agreement signed by both parties. 20.9 Time of Essence. Time is of the essence with respect to the performance of every provision of this Lease in which time performance is specified. If Tenant elects to dispute any billing or reconciliation from Landlord, Tenant must do so within one hundred eighty (180) days after Tenant’s receipt of such billing or reconciliation or Tenant shall be deemed to have waived all rights to so dispute the same. 20.10 Approvals. Except as otherwise expressly provided for herein, all approvals under this Lease, by either Landlord or Tenant, shall be given in a timely manner and shall not be unreasonably withheld. 20.11 Survival of Obligations. All obligations of Tenant accrued as of the date of acceptance or rejection of this Lease due to the bankruptcy of Tenant, and those accrued as of the date of termination or expiration of this Lease for any reason whatsoever, shall survive such acceptance, rejection, termination or expiration. 20.12 Counterparts. This Lease may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) Ground Lease - 10 4825-6345-9705.1  IN WITNESS WHEREOF, the parties hereto have executed this Lease as of the Effective Date. LANDLORD: CENTRAL VALLEY SCHOOL DISTRICT NO. 356, a Washington municipal corporation By: Ben C. Small, Superintendent TENANT: CITY OF LIBERTY LAKE, a Washington municipal corporation By: Steve Peterson, Mayor Attest: Ann Swenson, City Clerk Approved as to form: Sean P. Boutz, City Attorney Ground Lease - 11 4825-6345-9705.1  LANDLORD ACKNOWLEDGMENT STATE OF WASHINGTON } } SS. County of Spokane } I certify that I know or have satisfactory evidence that Ben C. Small is the person who appeared before me, and acknowledged that he signed this instrument, on oath stated that he is authorized to execute the instrument and acknowledged it as the Superintendent of CENTRAL VALLEY SCHOOL DISTRICT NO. 356, a Washington municipal corporation, to be the free and voluntary act of such company for the uses and purposes mentioned in this instrument. Dated: _________________________ _________________________________________ Name (typed or printed): _____________________ Notary Public in and for the State of Washington Residing at: ______________________________ My appointment expires: ____________________ Ground Lease - 12 4825-6345-9705.1  TENANT ACKNOWLEDGMENT STATE OF WASHINGTON } } SS. County of Spokane } I certify that I know or have satisfactory evidence that Steve Peterson is the person who appeared before me, and acknowledged that he signed this instrument, on oath stated that he is authorized to execute the instrument and acknowledged it as the Mayor of the City of Liberty Lake, a Washington municipal corporation, to be the free and voluntary act of such company for the uses and purposes mentioned in this instrument. Dated: _________________________ _________________________________________ Name (typed or printed): _____________________ Notary Public in and for the State of Washington Residing at: ______________________________ My appointment expires: ____________________ Ground Lease - 13 4825-6345-9705.1  EXHIBIT “A” LEGAL DESCRIPTION Exhibit “A” 4825-6345-9705.1  AGENDA ITEM NO.: 12Bii BUSINESS OF THE CITY COUNCIL, LIBERTY LAKE, WASHINGTON SUBJECT: FOR THE AGENDA OF: January 8, 2019 Planning Commission Appointments DEPT. OF ORIGIN: Planning & Engineering EXHIBIT: DEPT. HEAD APPROVAL: Director Applications EXPENDITURE REQUIRED: No BUDGETED: No SUMMARY STATEMENT Effective December 31, 2018, the Planning Commission had three vacancies. The City received 4 applications for the three positions, two of whom were Adjunct Planning Commission Members. Following interviews with all four candidates, the Mayor has proposed the following appointments:  Jamie Baird - Term Expiration: 12/31/2022  Joshua McKee - Term Expiration: 12/31/2022  Tom Sahlberg - Term Expiration: 12/31/2022  Anita Eylar (Adjunct Position #1) Term Expiration: 12/31/2020 RECOMMENDED ACTION 1. Confirm the Mayor’s appointees to Planning Commission. From: noreply@civicplus.com To: Ann Swenson Subject: Online Form Submittal: Application for City Advisory Boards and Commissions Date: Monday, December 03, 2018 8:31:27 AM Application for City Advisory Boards and Commissions Thank you for your interest in serving on an advisory board or commission. The purpose of this form is to provide the mayor and City Council members with some information about individuals considered for appointment. This application will be kept on file for two years. The file of completed applications is open for public inspection upon request. (Section Break) Date 12/3/2018 8:00 AM City of Liberty Lake City Planning Commission advisory board or commission for which you are applying: Would your No appointment create a conflict of interest or appearance thereof? (Section Break) First Name Jamie Last Name Baird Address1 E Country Vista Dr Address2 Field not completed. City Liberty Lake State WA Zip 99019 Home Phone Fax Field not completed. Work Phone Field not completed. Email (Section Break) Employer Business Address Address2 Field not completed. City Coeur d'Alene State ID Zip 83815 (Section Break) Are you a registered Yes voter in the City of Liberty Lake? How long have you 3-4 years lived in the City of Liberty Lake (continuously)? (Section Break) Educational M.A. in American Government, certification in Law & Public Background Policy B.A. in Political Science and History Professional 2016-present: Operations Lead -Supervise, coach, and train Qualifications / Work new hires, develop new training tools, and develop/analyze Experience reporting metrics 2012-2015: Teacher -Taught 7th grade ELA and Social Studies -Coached Mock Trial and Volleyball 2011: Public Relations Coordinator -Handled all public relations matters and outreach for a non-profit senior care facility Community Activities / Liberty Lake Baptist Church member Organized community Involvement stakeholders to form "Keep Liberty Lake Drug Free" to oppose Experience cannabis retail within city limits Other Qualifications / I want to ensure Liberty Lake remains a family-oriented, safe Reasons for Desire to community with amazing design standards that support Serve sustainable business development and population growth. (Section Break) Reference #1 Name Greg Wilt Reference #1 Phone Address1 Address2 Field not completed. City Spokane Valley State WA Zip 99216 (Section Break) Reference #2 Name Mike Kennedy Reference #2 Phone Address1 Field not completed. Address2 Field not completed. City Liberty Lake State WA Zip 99019 (Section Break) Reference #3 Name Field not completed. Reference #3 Phone Field not completed. Address1 Field not completed. Address2 Field not completed. City Field not completed. State Field not completed. Zip Field not completed. Email not displaying correctly? View it in your browser. From: noreply@civicplus.com To: Ann Swenson Subject: Online Form Submittal: Application for City Advisory Boards and Commissions Date: Friday, November 02, 2018 5:15:00 PM Application for City Advisory Boards and Commissions Thank you for your interest in serving on an advisory board or commission. The purpose of this form is to provide the mayor and City Council members with some information about individuals considered for appointment. This application will be kept on file for two years. The file of completed applications is open for public inspection upon request. (Section Break) Date 11/2/2018 5:00 PM City of Liberty Lake City Planning Commission advisory board or commission for which you are applying: Would your No appointment create a conflict of interest or appearance thereof? (Section Break) First Name Joshua Last Name McKee Address1 E Kalama Ave Address2 Field not completed. City Liberty Lake State WA Zip Field not completed. Home Phone Fax Field not completed. Work Phone Field not completed. Email (Section Break) Employer Business Address Address2 Field not completed. City Spokane Valley State WA Zip 99212 (Section Break) Are you a registered Yes voter in the City of Liberty Lake? How long have you 1-2 years lived in the City of Liberty Lake (continuously)? (Section Break) Educational High School Graduation Background Professional Own and manage staffing company with revenue in excess of Qualifications / Work $12 million in revenue. Experience Community Activities / Spokane County party board and PCO Involvement Experience Other Qualifications / I love Liberty Lake and I would love to have input on the Reasons for Desire to direction of the city and help shape it’s future. Serve (Section Break) Reference #1 Name Field not completed. Reference #1 Phone Field not completed. Address1 Field not completed. Address2 Field not completed. City Field not completed. State WA Zip Field not completed. (Section Break) Reference #2 Name Field not completed. Reference #2 Phone Field not completed. Address1 Field not completed. Address2 Field not completed. City Field not completed. State WA Zip Field not completed. (Section Break) Reference #3 Name Field not completed. Reference #3 Phone Field not completed. Address1 Field not completed. Address2 Field not completed. City Field not completed. State WA Zip Field not completed. Email not displaying correctly? View it in your browser. From: noreply@civicplus.com To: Ann Swenson Subject: Online Form Submittal: Application for City Advisory Boards and Commissions Date: Thursday, October 11, 2018 8:30:17 AM Application for City Advisory Boards and Commissions Thank you for your interest in serving on an advisory board or commission. The purpose of this form is to provide the mayor and City Council members with some information about individuals considered for appointment. This application will be kept on file for two years. The file of completed applications is open for public inspection upon request. (Section Break) Date 10/11/2018 8:45 AM City of Liberty Lake City Planning Commission advisory board or commission for which you are applying: Would your No appointment create a conflict of interest or appearance thereof? (Section Break) First Name Tom Last Name Sahlberg Address1 N Aladdin Rd Address2 Field not completed. City Liberty Lake State WA Zip 99016 Home Phone Fax Field not completed. Work Phone Field not completed. Email (Section Break) Employer Retired Business Address Field not completed. Address2 Field not completed. City Field not completed. State Field not completed. Zip Field not completed. (Section Break) Are you a registered Yes voter in the City of Liberty Lake? How long have you Over 6 years lived in the City of Liberty Lake (continuously)? (Section Break) Educational Washington State University BA - History (Psych minor) Background Professional 26 years - Spokane PD, 10 years - Governor appointee to the Qualifications / Work Indeterminate Sentence Review Board. Experience Community Activities / Past member of the Spokane County Law & Justice Council, Involvement Safe Kids Coalition. Current member of the Parks & Arts and Experience Planning Commission, Friends of Pavilion Park. Other Qualifications / After attending all possible City Council, Library and Reasons for Desire to Commission Meetings for almost 2 years - I believe that I "get" Serve how Liberty Lake works, and am still learning how best to help facilitate better communication from/to City Hall, the CC, City staff and the community. This application is to be considered to fill one of the 3 upcoming openings on the Planning Commission, moving me from "Adjunct" to a voting member - where I will be an active/engaged representative of the River District and all of Liberty Lake. (Section Break) Reference #1 Name Katy Allen Reference #1 Phone (509)755-6728 Address1 22710 E Country VIsta Drive Address2 Field not completed. City Liberty Lake State WA Zip 99019 (Section Break) Reference #2 Name Lisa Key Reference #2 Phone (509)755-6708 Address1 22710 E Country Vista Drive Address2 Field not completed. City Liberty Lake State WA Zip 99019 (Section Break) Reference #3 Name Hugh Severs Reference #3 Phone (509)868-5953 Address1 22710 E Country Vista Dr Address2 Field not completed. City Liberty Lake State WA Zip 99019 Email not displaying correctly? View it in your browser. From: noreply@civicplus.com To: Ann Swenson Subject: Online Form Submittal: Application for City Advisory Boards and Commissions Date: Sunday, November 04, 2018 8:05:10 AM Application for City Advisory Boards and Commissions Thank you for your interest in serving on an advisory board or commission. The purpose of this form is to provide the mayor and City Council members with some information about individuals considered for appointment. This application will be kept on file for two years. The file of completed applications is open for public inspection upon request. (Section Break) Date 11/4/2018 City of Liberty Lake City Planning Commission advisory board or commission for which you are applying: Would your No appointment create a conflict of interest or appearance thereof? (Section Break) First Name Anita Last Name Eylar Address1 N Caufield Ct. Address2 Field not completed. City Liberty Lake State WA Zip 99016 Home Phone Fax Field not completed. Work Phone Field not completed. Email (Section Break) Employer Business Address Address2 Field not completed. City Spokane State WA Zip 99201 (Section Break) Are you a registered Yes voter in the City of Liberty Lake? How long have you Over 6 years lived in the City of Liberty Lake (continuously)? (Section Break) Educational Assoc. degree Business Administration Background Professional 20+ years IT experience, previously involved in land issues Qualifications / Work since 2007 in Kootenai County for personal reasons, currently a Experience real estate agent who keeps informed about development in Liberty Lake. Community Activities / Currently serve on Liberty Lake Parks & Art Commission, River Involvement District Next Door Director, regular attendance of city council Experience meetings. Other Qualifications / I have personally experienced and orchestrated over 89 Reasons for Desire to families in my previous neighborhood with a land issue that Serve would have destroyed our very rural valley in Idaho. Since then, land issues and development are something I keep informed about. I am neither an advocate or oppenent for development because I understand the importance of change. I also understand there are two sides to every land decision and that the planning commission advises the city council on these issues and must review all facts to determine an advisement. Liberty Lake has such potential and the planning commission  needs citizens to serve so that it can grow in the right direction for all the people. (Section Break) Reference #1 Name Tom Sahlberg Reference #1 Phone Address1 Currently serving on the Liberty Lake Planning Commission and Liberty Lake Parks & Arts Commission Address2 Field not completed. City Field not completed. State Field not completed. Zip Field not completed. (Section Break) Reference #2 Name David Himebaugh Reference #2 Phone Address1 Currently serving on the Liberty Lake Planning Commission and Friends of Pavillion Park Address2 Field not completed. City Field not completed. State Field not completed. Zip Field not completed. (Section Break) Reference #3 Name Dan Frickle Reference #3 Phone Address1 Address2 Field not completed. City Otis Orchards State WA Zip 99027 Email not displaying correctly? View it in your browser. RESOLUTION  AGENDA ITEM NO.: 13 BUSINESS OF THE CITY COUNCIL, LIBERTY LAKE, WASHINGTON SUBJECT: FOR THE AGENDA OF: January 8, 2019 Surplus Resolution DEPT. OF ORIGIN: Administrative Services EXHIBIT: DEPT. HEAD APPROVAL: RJ Stevenson Deed of Right (RCO release) EXPENDITURE REQUIRED: No BUDGETED: 2019 Budget Ordinance SUMMARY STATEMENT The City desires to surplus property (Parcel # 55114.9097) which is located near Rocky Hill. This parcel is part of Rocky Hill Park. On November 20 th, the City held a public hearing to release the State of Washington Recreation Conservation Office (RCO) interest on this parcel. The property is a 75 foot strip of land (approximately 0.55 acres) located in Rocky Hill Park behind four homes and the easterly property line of the park site. The property is extremely remote, narrow and topographically challenged. The current site is also in native condition and was not included in the Rocky Hill Park Master Plan for future improvements. The property is bounded on three sides (north, east, and west) by private property. The property will be available for the adjacent land owners to acquire the property. All costs associated with acquiring the property will be on the land owners. RECOMMENDED ACTION Approve Resolution declaring as surplus, certain personal property of the City, and delegate authority to city staff to manage the transaction consistent with all policy and regulations.  RESOLUTION NO. 19-248 CITY OF LIBERTY LAKE SPOKANE COUNTY, WASHINGTON A RESOLUTION PROVIDING FOR THE DISPOSAL OF CERTAIN PROPERTY DEEMED TO BE SURPLUS TO THE REASONABLY FORESEEABLE NEEDS OF THE CITY OF LIBERTY LAKE, WASHINGTON WHEREAS, certain property belonging to the City of Liberty Lake is not useable by the City; WHEREAS, the City would like to surplus this property that is unneeded and not useful to the City; and WHEREAS, the property is a 75 foot strip of land (approximately 0.55 acres) located in Rocky Hill Park behind four homes and the easterly property line of the park site. The property is extremely remote, narrow and topographically challenged. The property is bounded on three sides (north, east, and west) by private property; and WHEREAS, the City has followed its financial policies and procedures for the surplus of property and is now desirous of formally declaring the property as surplus and disposing of property pursuant to the City’s Municipal Code; NOW, THEREFORE, be it resolved by the City Council of the City of Liberty Lake, Washington, as follows: The property belonging to the City of Liberty Lake as shown in the exhibit is declared to be surplus to the foreseeable needs of the City and it is deemed to be for the common benefit of the residents of the City to dispose of said property. The Mayor is authorized to dispose of the property listed in this Resolution in a manner that will be to the best advantage of the City of Liberty Lake. Approved by the City Council this 8th day of January, 2019. Mayor, Steve Peterson Attest: Approved as to Form: ______________________________ __________________________ Ann Swenson, City Clerk Sean P. Boutz, City Attorney Upon Recording, Please Return To: Washington State Recreation and Conservation Office PO Box 40917 Olympia, WA 98504-0917 Attn: Kyle Guzlas PARTIAL RELEASE OF DEED OF RIGHT Grantor(s): STATE OF WASHINGTON, acting by and through the Recreation and Conservation Funding Board and the WASHINGTON STATE RECREATION AND CONSERVATION OFFICE, including any successor agencies Grantee(s): City of Liberty Lake Abbreviated Legal Description: NE portion of parcel #55114.9097 (More particularly described in Exhibit “A” (Legal Description), and as depicted in Exhibit “B” (Property Map)), Assessor’s Property Tax Parcel Number(s): 55114.9097 Reference Numbers of Documents Assigned or Released: 6211304 and 6218084 THE STATE OF WASHINGTON (“Grantor”), for and in consideration of mutual covenants and promises set forth herein, hereby conveys to the City of Liberty Lake (“Grantee”) the following Partial Release of Deed of Right: Page 1 of 5  WHEREAS, by instrument Deed of Right to Use Land for Public Recreation Purposes dated May 22, 2013 and recorded on June 13, 2013, Auditor’s File No. 6218084 (the “Deed of Right”), Grantee committed the lands described in the Deed of Right (the “Property”) to Outdoor Recreation land forever, pursuant to the provisions of the Project Agreement entered into between Grantee and Grantor through the Recreation and Conservation Office entitled Rocky Hill Park, Project Number 08-0630C and executed by Grantee on July 21, 2009 and Grantor on July 30, 2009 (the “Agreement); WHEREAS, Grantee desires to remove or “convert” the use of a portion of the Property, as described herein, from the covenants and restrictions set forth in the Deed of Right; WHEREAS, Grantee has substituted other recreation land which is of at least equal fair market value and of nearly as reasonably equivalent usefulness and location; WHEREAS, Grantor, through the Washington State Recreation and Conservation Office has approved the removal/conversion of the below-described portion of the Property from the covenants and restrictions set forth in the Deed of Right, as set forth herein; and THEREFORE: The Washington State Recreation and Conservation Office, for and on behalf of Grantor, does hereby relinquish all rights, title and interest in and to the following described lands (the “Converted Property”), and forever releases the Converted Property from the restrictions and covenants contained in the Deed of Right. The Converted Property is described on Exhibit A and depicted on Exhibit B, attached hereto and incorporated by this reference. The Deed of Right is hereby released and terminated as to the Converted Property and only remains in full force and effect as to the remainder of the Property, as described in the Deed of Right as may be amended. REMAINDER OF PAGE IS INTENTIONALLY BLANK; SIGNATURE PAGE TO FOLLOW Page 2 of 5 Dated this ______ day of ________, _________. By: __________________________________________ Director, Washington State Recreation and Conservation Office STATE OF WASHINGTON ) ) ss COUNTY OF _______________ ) I certify that I know or have satisfactory evidence that ___________________________, Director of the Washington State Recreation and Conservation Office, is the person who appeared before me, and said person acknowledged that they signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the Director of the Washington State Recreation and Conservation Office to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: Signed: Notary Public in and for the State of Washington, residing in ______________________________________. My commission expires ___________________________. Page 3 of 5  EXHIBIT A Legal Description of the Converted Property A portion of Parcel 55114.9097, as recorded under Corrected Deed of Right to Use Land for Public Recreation Purposes. Auditors File Number 6218084, records of Spokane County, described as follows; All that portion of said Parcel 55114.9097 lying southerly of the easterly extension of the North line of Lot 4, Block 10 and northerly of the easterly extension of the South line of Lot 1, Block 10 of the Final P.U.D. Plat of’ Rocky Hill PUD according to the plat thereof, recorded under Auditor’s File Number 5124869: Situate in the City of’ Liberty Lake, County of Spokane. State of Washington. Said parcel containing 23,878 square feet, more or less. Page 4 of 5  EXHIBIT B Depiction of the Converted Property Page 5 of 5 Introduction of Upcoming Agenda Items  DRAFT CITY COUNCIL ADVANCED AGENDAS For Planning Discussion Purposes Only As of January 3, 2019 Please note: This is a work in progress; items are tentative TENTATIVE ITEMS: Date Item Point of Contact PENDING January 22 LOCAL BUSINESS SPOTLIGHT: Lorraine Fine Jewelry Katy Allen WORKSHOP DISCUSSION: Review of City’s municipal code related to a code of ethics Katy Allen WORKSHOP DISCUSSION: Parks and Arts Policy Jennifer Camp Approve the 2019 Liberty Lake Splash Partnership Agreement RJ Stevenson Confirm Mayor Peterson’s appointments to the Liberty Lake Salary Commission Mayor Peterson February 5 RESOLUTION: Adopting Public Arts Policy Jennifer Camp TBD Hawkstone 2nd Addition Final Plat Resolution Lisa Key Change orders: Fencing & grading contract Scott Bernhard Ball field parking lot WORKSHOP DISCUSSION: Supporting food truck businesses Update Traffic Count – Approve revised Dennis Scott agreement for professional services Professional Services Agreement to assess Trailhead facility PUBLIC HEARING: Street Tree Amendments Lisa Key (early March) RCO Conversion Agreement for Rocky Hill – Jennifer Camp Orchard Park Parcel Approve service contract with Ptera for phones RJ Stevenson and cameras Approve consultant agreement for community outreach & improved communication Katy Allen WORKSHOP DISCUSSION: Review Section 1c of Ordinance 168, accepting donations Council WORKSHOP DISCUSSION: Review Section 6 of Ordinance 176, establishing Council the Liberty Lake Salary Commission Planning Commission Re-Confirmations st nd (recurring – 1 or 2 meeting every Lisa Key December)