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2005, 02-08 Regular Meeting MinutesAttendance: Councilmembers: Rich Munson, Deputy Mayor Steve Taylor, Councilmember Gary Schimmels, Councilmember Mike Flanigan, Councilmember Mike DeVleming, Councilmember Dick Denenny, Councilmember Absent: Diana Wilhite, Mayor MINUTES City of Spokane Valley City Council Regular Meeting Tuesday, February 8, 2005 Deputy Mayor Munson called the meeting to order at 6:00 p.m., and welcomed everyone to the 60 meeting. Staff: Dave Mercier, City Manager Cary Driskell, Deputy City Attorney Ken Thompson, Finance Director Nina Regor, Deputy City Manager Neil Kersten, Public Works Director Mike Jackson, Parks and Recreation Director Morgan Koudelka, Administrative Analyst Tom Scholtens, Building Official Chris Bainbridge, City Clerk INVOCATION: Pastor Manuel Denning, Fountain Ministries gave the invocation. PLEDGE OF ALLEGIANCE: Councilmember Schimmels led the Pledge of Allegiance ROLL CALL It was moved by Councilmember DeVleming and seconded by Councilmember Flanigan to excuse Mayor Wilhite from tonight's meeting. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. City Clerk Bainbridge called the roll; all present except excused Mayor Wilhite. APPROVAL OF AGENDA City Manager Mercier said he would like to amend the agenda to include expansion of new business item #5 to allow for items 5a -5g which would be proposed mitigation agreements for the Pines /Mansfield Road construction project. It was moved by Councilmember Denenny and seconded by Councilmember Taylor to approve the amended agenda. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS COMMITTEE, BOARD, LIAISON SUMMARY REPORTS Councilmember Denenny: stated that he attended last week's STA finance committee where they had general presentations for their concluding year; and also reviewed some new routing; and that he also attended the annual CVB meeting. Councilmember Taylor: explained that he met with County Commissioner Mark Richard and Spokane Housing staff to discuss the CDBG funding process for this year and future options. Councilmember Schimmels: reported that he attended the recent solid waste board meeting; the Planning Commission last week; and the Greenacres neighborhood meeting a few weeks ago where there was an interesting presentation from an architect working with that group and that they had a change in direction and are looking at the area as whole Council Meeting: 02 -08 -05 Page 1 of 6 Approved by Council: 02 -22 -05 VOUCHER LIST DATE VOUCHER Number(s) TOTAL VOUCHER AMOUNT 01 -21 -05 6192 -6218 51,334.56 01 -28 -05 6220 -6245 443,956.63 GRAND TOTAL 495,291.19 Deputy Mayor Munson: said that he attended the Light Rail Steering Committee where they discussed the future of light rail and the next steps; that they are still in the planning stages but by October that committee will make a recommendation to the STA Board of Directors of the best choice for the shape and look of the light rail project. MAYOR'S REPORT: PUBLIC COMMENTS Deputy Mayor Munson invited public comment. No comments were offered. 1. CONSENT AGENDA Consists of items considered routine which are approved as a group. A Councilmember may remove an item from the Consent Agenda to be considered separately. (Note: Council may entertain a motion to waive reading and approve Consent Agenda.) a. Approval of Regular Council Meeting Minutes of January 25, 2005 b. Approval of Payroll of January 31, 2005 of $143,535.72 c. Approval of the Following Vouchers: It was moved by Councilmember Denenny, seconded by Councilmember Flanigan, and unanimously agreed upon to waive the reading and approve the consent agenda as stated. NEW BUSINESS 2. First Reading Proposed Ordinance 05 -009 Amending Criminal Code (noise) — Cary Driskell After City Clerk Bainbridge read the ordinance title, Deputy City Attorney Driskell explained that the regulations regarding noise did not include the right -of -way, and the proposed amendment would make the same regulations applicable to noise emanating from public and private rights -of -way. It was moved by Councilmember DeVleming and seconded by Councilmember Taylor to suspend the rules and approve ordinance 05 -009. Deputy Mayor Munson invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 3. First Reading Proposed Ordinance 05 -010 Creating Assessment Reimbursement Area — Cary Driskell After City Clerk Bainbridge read the ordinance title, Deputy City Attorney Driskell explained that Council was provided with information January 25, 2005 concerning RCW 35.72 which would allow the City to finance some transportation improvements in connection with new development; that this would involve adopting an enabling ordinance and if adopted, reimbursement assessment areas could be established; and that this would be a good tool to use in future developments but because of the timeframe involved, would not be used for the Pines /Mansfield Road projects. It was moved by Councilmember Denenny and seconded by Councilmember Taylor to advance ordinance 05 -010 to a second reading. Deputy Mayor Munson invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 4. Proposed Resolution 05 -002 Washington Economic Development Finance Authority — Dave Mercier After City Clerk Bainbridge read the resolution title, City Manager Mercier explained that it is the policy of the WEDFA (Washington Economic Development Finance Authority) Board only to issue bonds in support of projects which would be welcomed by the local community; and as part of the issuance process, the WEDFA would like the Spokane Valley City Council as the planning jurisdiction, to consider Council Meeting: 02 -08 -05 Page 2 of 6 Approved by Council: 02 -22 -05 passage of a planning jurisdiction approval resolution to issue tax- exempt economic development revenue bonds; that passage of this resolution does not require any pledge of the city's revenues, but allows us the courtesy to weigh in on the project. It was moved by Councilmember DeVleming and seconded by Councilmember Schimmels to table this issue until the next meeting. Vote by Acclamation: In Favor: Councilmembers DeVleming and Schimmels; Opposed: Deputy Mayor Munson, and Councilmembers Taylor, Flanigan, and Denenny. The motion failed. It was then moved by Councilmember Taylor and seconded by Councilmember Flanigan to adopt Resolution 05 -002. Deputy Mayor Munson invited public comment. Tony Lazanis: said he doesn't understand the purpose of this resolution and feels council doesn't either; and wants further explanation. Councilmember DeVleming stated that he would like to see what the project is going to look like and would like to see more details in the future and prefers having more than one touch on issues. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 5. Motion Consideration: Pines /Mansfield Development Agreements — Neil Kersten Public Works Director Kersten explained the history, including the public hearing on the mitigation agreement; and stated that we have signed agreements from Centennial for $151,730; Pinecroft at $151.917; A &A Construction for $60,388; SVG View Ranch Estates for $28,222, Northwood Properties for $1,821, Qualchan Investment for $54,926, and Mirabeau Chapel for $1,821, leaving unsigned agreements from developers Thomas Hamilton with two pieces of property, and Grant Person who indicated he would sign; all which leaves a shortfall of $53,196. It was moved by Councilmember Denenny and seconded, that the City increase its participation in the "Mitigation Agreement, SR 27 (Pines Road) Mansfield Road Construction Project" by up to $53,196, which may be reduced should Thomas Hamilton and /or J Grant Person file with the City Clerk, their respective mitigation agreements by 4:30 p.m., Friday, Feb 11, 2005, the final submittal opportunity for their participation in said mitigation agreement. Deputy Mayor Munson invited public comment. Carlos Landa, 2910 E 13 Avenue: expressed appreciation to Council for the manner used in handling the issue. There was brief discussion on the merits of this motion. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 5a. Mitigation Agreement; Centennial Properties, Inc. It was moved by Councilmember Flanigan and seconded by Councilmember Denenny that the Council accept the "Mitigation Agreement, SR 27 (Pines Road) Mansfield Road Construction Project" between the City and Centennial Properties, Inc., dated February 8, 2005, in the amount of $151, 730, and authorize the City Manager to execute said agreement. Deputy Mayor Munson invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 5b. Mitigation Agreement: Pinecroft, LLC It was moved by Councilmember Denenny and seconded that the Council accept the "Mitigation Agreement, SR 27 (Pines Road) Mansfield Road Construction Project" between the City and Pinecroft, LLC, dated February 8, 2005, in the amount of $151,917, and authorize the City Manager to execute said agreement. Deputy Mayor Munson invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. Council Meeting: 02 -08 -05 Page 3 of 6 Approved by Council: 02 -22 -05 5c. Mitigation Agreement: A & A Construction & Development, Inc. It was moved by Councilmember Flanigan and seconded by Councilmember Taylor that the Council accept the "Mitigation Agreement, SR 27 (Pines Road) Mansfield Road Construction Project" between the City and A & A Construction & Development, Inc. dated February 8, 2005, in the amount of $60,388, and authorize the City Manager to execute said agreement. Deputy Mayor Munson invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 5d. Mitigation Agreement: SVG -View Ranch Estates, LLC It was moved by Councilmember Taylor and seconded that the Council accept the `Mitigation Agreement, SR 27 (Pines Road) Mansfield Road Construction Project" between the City and SVG -View Ranch Estates, LLC, dated February 8, 2005, in the amount of $28,222, and authorize the City Manager to execute said agreement. Deputy Mayor Munson invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 5e. Mitigation Agreement: Northwood Properties It was moved by Councilmember Taylor and seconded that the Council accept the "Mitigation Agreement, SR 27 (Pines Road) Mansfield Road Construction Project" between the City and Northwood Properties, dated February 8, 2005, in the amount of $1,821 and authorize the City Manager to execute said agreement. Deputy Mayor Munson invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 5f. Mitigation Agreement: Mirabeau Chapel It was moved by Councilmember Schimmels and seconded by Councilmember Taylor that the Council accept the "Mitigation Agreement, SR 27 (Pines Road) Mansfield Road Construction Project" between the City and Mirabeau Chapel, dated February 8, 2005, in the amount of $1,821 and authorize the City Manager to execute said agreement. Deputy Mayor Munson invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 5g. Mitigation Agreement: Qualchan Investment Spokane, Inc. It was moved by Councilmember Taylor and seconded by Councilmember Denenny that the Council accept the "Mitigation Agreement, SR 27 (Pines Road) Mansfield Road Construction Project" between the City and Qualchan Investment Spokane, Inc, dated February 8, 2005, in the amount of $54,926 and authorize the City Manager to execute said agreement. Deputy Mayor Munson invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 6. Motion Consideration: Local Agency Agreement and Federal Aid Project Prospectus — Neil Kersten Public Works Director Kersten explained that a grant was recently approved from SRTC for $1.6 million that completes the funding package for the Pines /Mansfield Corridor Congestion Relief Project; and that the attached Local Agency Agreement and Project Prospectus must be signed for grant processing and final approval. It was moved by Councilmember Flanigan and seconded to authorize the City Manager to execute the local agency agreement and project prospectus for the pines /Mansfield Project. Deputy Mayor Munson invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 7. Motion Consideration: Appointment Recommendations a. Cable Advisory Committee Deputy Mayor Munson explained that Richard Young has submitted an application for appointment consideration to the Cable Advisory Committee and that Mayor Wilhite proposed he be appointed. It was Council Meeting: 02 -08 -05 Page 4 of 6 Approved by Council: 02 -22 -05 moved by Councilmember Denenny and seconded by Councilmember Taylor to confirm the mayoral appointment of Richard Young to the Cable Advisory Committee. Deputy Mayor Munson invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. b. Solid Waste Advisory Board It was moved by Councilmember Schimmels and seconded by Councilmember DeVleming to confirm the mayoral appointment of Marc Torre to the Solid Waste Advisory Board. Deputy Mayor Munson invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. c. Lodging Tax Advisory Committee It was moved by Councilmember Taylor and seconded by Councilmember DeVleming to table this appointment until the next council meeting. Vote by Acclamation: In Favor: Deputy Mayor Munson and Councilmembers Schimmels, Taylor, and DeVleming; Opposed: Councilmembers Denenny and Flanigan. Abstentions: None. Motion carried; matter tabled to the next council meeting. PUBLIC COMMENTS Deputy Mayor Munson invited public comment. Bob Blum, 12772 East 15 said regarding the public information officer item on Saturday's agenda, that he was a public information officer in the U.S. Air Force and he values that position; but feels there are other higher priorities then having a public information officer; and if there are additional funds, he would prefer to have another code enforcement officer or two or another staff permit position that would benefit the city greater than a public information officer; and also that he is a little disappointed not to see the "three touches" carried out on tonight's previous agenda item. Tony Lazanis: started asking about who was paying for the library annexation and as he was out of order; Deputy Mayor Munson asked him to return to his seat. Dick Beam, 3626 S Ridgeview: said he disagrees with Mr. Blum about the public information officer and feels that the good things this City does should be shared with the public; and that just the accomplishments in the past year are remarkable and ten times more than the citizens had before and the public needs to know these things; and that he feels the position is very valuable and would more than make up for the cost. Deputy Mayor Munson called for a recess at 7:16 p.m.; and reconvened the meeting at 7:29 p.m. ADMINISTRATIVE REPORTS: [no public comment] 8. Alternatives to Incarceration — Cary Driskell Deputy City Attorney introduced District Court Judge Plese who spoke of the alternatives to incarceration, which are being considered to address jail overcrowding, which alternatives include day reporting at Geiger, work release, work crew programs, Minors in Prevention Program, and the 24 -hour program. 9. Introduction Discussion of Annexation into Spokane County Library District — Nina Regor/ Morgan Koudelka Via his PowerPoint presentation, Administrative Analyst Koudelka explained that at the November 30 meeting, Council directed staff to prepare an annexation discussion in the latter part of 2005; that staff began researching property tax laws, and due to the complexity of those laws as well as election timing, considers bringing forward this information now. Mr. Koudelka also explained the highlights of his Council Meeting: 02 -08 -05 Page 5 of 6 Approved by Council: 02 -22 -05 accompanying February 3, 2005 memo. It was Council consensus to move forward with a first reading of an annexation ordinance. 10. Office Space Considerations — Nina Regor Deputy City Manager Regor explained that this is just an information item on the building space and what staff is considering concerning expansion of that space. City Manager Mercier said that what he hopes to gain tonight is perception that we should pursue an extended stay, or explore an extended stay in this building; and to determine if there is Council consensus to talk to the property owner and their representative to extend the tenure in this building for another year or two; including beginning to accumulate some additional storage space and space for new staff; and that he feels the best way to secure space is to address the subject now. It was council consensus to move forward for securing additional space. INFORMATION ONLY: City Manager Mercier brought council attention to the draft council retreat agenda, and said that we look forward to gathering together to address those topics. There being no further business, it was moved, seconded, and unanimously agreed upon to adjourn. The meeting adjourned at 8:10 p.m. ATTEST. ..k;.„ Christine Bainbridge, City Clerk -t.ctivy0, U.M16,6_, Diana Wilhite, Mayor Council Meeting: 02 -08 -05 Page 6 of 6 Approved by Council: 02 -22 -05 MITIGATION AGREEMENT SR 27 (PINES ROAD) / MANSFIELD ROAD CONSTRUCTION PROJECT This Mitigation Agreement ( "Agreement ") is entered into by and between Centennial Properties, Inc. ( "Developer "), a Washington Corporation, having offices for the transaction of business at 3320 N Argonne R.oad, Spokane, Washington 99212, and the City of Spokane Valley ( "City "); a political subdivision of the State of Washington, hereinafter. jointly referred to as "Parties ": RECITALS 1. The City, in cooperation with Spokane County and the Washington State Department of Transportation, is planning to design and construct improvements to the SR 27 (Pines Road) and Mansfield Road corridor with Transportation Partnership Program (TPP) grant funds from the Transportation Improvement Board (TI73) and Congestion Management/Air Quality (CMAQ) grant funds from the Spokane Regional Transportation Council (SRTC). The name of the project is the Pines /Mansfield Corridor Congestion Relief Project ("Project ") and the purpose of this project is to alleviate existing and future traffic congestion in this area. The Project will reconfigure the WB ramps of I -90 at SR -27 (Pines Rd.), using the . existing slip ramps to Indiana Ave. and Montgomery Ave. WB off -ramp traffic will use the slip ramp to a signalized intersection at Indiana Ave. WB on -ramp traffic will use the slip ramp at Montgomery Ave. To improve operation of the WB on -ramp and ensure safety, the portion of Montgomery Ave. between Pines Rd. and the slip ramp will be one- way, westbound only. Therefore, to provide access to Pines Rd. for the properties west of Pines Rd., Mansfield Ave. will be improved, with a traffic signal at the intersection of Mansfield Ave. & Pines Rd. Curb, gutter, sidewalks and bike lanes will also be constructed. In addition, a signal will be installed at the Mirabeau Pkwy & Pines Rd. intersection to bring this intersection up to an acceptable level of service. 2. The Developer is the owner /developer of certain real property generally located within the SR 27 (Pines Road) and Mansfield Road corridor north of Interstate 90 legally described in Exhibit "A" ( "Property"). 3. The Developer is developing the Property for residential and/or commercial uses (the "Development ") which will increase traffic congestion and directly impact existing transportation infrastructure along the Pines/Mansfield corridor from and including the on- and off -ramps at I -90. Mitigation of these impacts will be required as part of the development of said property. 4. The Parties are desirous of entering into an Agreement which provides for the payment of a proportionate share of the Project in consideration for the allocation of a specified number of P.M. Peak Hour trips and mitigation of traffic impacts associated with the Development. Centennial Propertie.' � Mitigation Agreement Pines/Mansfield Road Construction Project AGREEMENT PAPublic Wodsi Capfim! Pro st1Pines.MarsftddJ.fsigatian Agtmn:LOMitisa:ioa Ageeme s\ ffPIGATION AGREEMENT Centeril Prapstiesdoe Page 2 of 6 5. The Developer recognizes the need to improve the traffic congestion in the Pines/Mansfield corridor and has agreed to financially participate in the Project by contributing a pro -rata share of the required local matching funds. The Developer's pro - rata share is based on the total number of trips previously estimated for the Development. 6. Pursuant to RCW 43.21C.060, and RCW 82.02.020, the City has the authority to allow a payment to mitigate a direct impact that has been identified as a consequence of a proposed development. The City (1) has identified future road projects necessitated by planned development in certain areas of the City; and (2) has identified a reasonable relationship between impacts generated by the Development to the transportation system and the financial contribution toward those impacts. 7. To mitigate the direct impacts of the Development upon existing transportation facilities, the Parties are voluntarily entering into this Agreement pursuant to RCW 82.02.020. 8. It is intended that this Agreement provide funds in order to mitigate the direct traffic - related impacts of the Development upon the environment which have been identified through the SEPA review process and documented in the City File No. ZE -37- 96/BSP -01 -04 and Mirabeau Point Final Environmental Impact Statement (FEIS). NOW, THEREFORE, in consideration of the mutual covenants and conditions hereafter set forth, the Developer and the City hereto agree as follows: 1. Voluntary Agreement. This Agreement, including all attached documents, is a voluntary agreement as that term is used in RCW 82.02.020. The mitigation fees charged herein are proportional to the traffic - related impacts generated by the Development. The parties acknowledge that the capital project is reasonably necessary to mitigate the direct traffic impact of the Development. In the event this mitigation agreement is determined by a court to be null and void the City shall refund the unexpended portion of mitigation fees. Following a termination of this agreement the Developer shall, as reasonably required, mitigate the direct traffic impacts of the Development through the State Environmental Policy Act. 2. Project Funds. The Project is being funded from several sources including, the Washington State Department of Transportation ( WSDOT), the TIB, the SRTC, the City, and private developers. Funds from WSDOT, TIB, SRTC and the City have been obligated. See "Exhibit B ". 3. Mitigation Fee. The Developer shall pay $151,730, ($303.46 per P.M. Peak Hour trip), which has been determined to be the Developer's contribution to the Project for mitigation of future traffic impacts related to the Development. This traffic mitigation Centennial Properties` • Mitigation Agreement Pines/Mansfield Road Construction Project Page 3 of 6 fee shall be expended towards the design, right -of -way acquisition, and construction of the Project. 4. Payment To begin the design of the Project, the Developer agrees to pay all, or at least 20% of its mitigation fee no later than February 25, 2005. A letter of credit, savings assignment, set -aside letter, or other appropriate mechanism that gives the City a unilateral right to access the funds pursuant to this agreement from a financial institution shall also be provided to the City no later than February 25, 2005 for the remaining 80% of the Developer's mitigation fee. The remaining 80% of the Developer's mitigation fee shall be collected by the City no later than 90 -days prior to the Project bid date for construction. The City will notify the Developer of the Project bid date when it is determined. All fees paid by the Developer shall be used as a portion of the local match required for the TIB and SRTC grants related to the design, right-of-way acquisition, and construction of the Project. 5. Site Development. Building permits will be issued for the Development when 1) this agreement has been executed by the Developer and the City, and 2) the Developer's mitigation fees have been paid in accordance with Section 4 above, and 3) all other conditions of approval of the Development required by state and local laws are satisfied. Execution of this agreement releases the Developer from the requirement of constructing frontage improvements on the Property, provided said frontage improvements are included in the Project. If frontage improvements are not included in the Project, the Developer is responsible for constructing frontage improvements in addition to paying the mitigation fees. 6. Compliance with RCW 82.02.020. Payment collected by the City will be held in a mitigation fee reserve account and may only be expended to fund the design, right -of- way acquisition, and construction of the Project. Payments shall be expended within five years of collection. The City shall be entitled to reimbursement from the mitigation fee reserve account for any funds it may expend for the design, right-of- way acquisition, and construction of the Project prior to the collection of the fee. Any funds in the mitigation fee reserve account not expended within five years shall be refunded by the City with interest as provided in RC \V 82.02.020. 7. Committed P.M. Peak Hour Trips. The City agrees to reserve within the Project up to a total of 500 P.M. Peak Hour trips for the Property until the Development is complete provided such reservation complies with all federal, state and local laws at the time application for a building permit is made. "Complete" is defined as having received all governmental permits and approvals necessary to construct and permanently occupy the Development. If the total number of P.M. Peak Hour trips for the Development exceeds the total number of reserved trips noted above, a new traffic study shall be provided to determine if additional traffic mitigation is required. P:SPublic Wacia\Capital Prnjee.ai es- MacsfiebtMatigation AgruxaiNit "irrniom Anrxr:, INITIGATTON AGREEMENT Canennla! Propxties doc Centennial Properties, :., Mitigation Agreement Pines/Mansfield Road Construction Project If to the City: City of Spokane Valley 11707 F. Sprague Ave., Suite 106 Spokane Valley, WA 99206 Fax: (509) 921 -1008 Attn: City Manager If to the Developer: Wayne Frost Centennial Properties, Inc. 3320 N Argonne Rd. Spokane, WA 99212 PAPttblic Worla.tCs3tiul Projects11 h a>rrra5tM iigation AvccntcniitAthiistiott Alg,xmcntAKIMGATIO\ AGRE VENT Centsnisl Propcties.dot Page 4of6 8. Concurrency: In accordance with the City's adopted concurrency standards pursuant to RCW 36.70A, the P.M. Peak Hour trips mitigated herein shall be considered to have satisfied concurrency for the Project from the Development as provided in paragraph 7. Any remaining capacity shall be available to the general public. 9. Notice: All communications, notices or demands of any kind which a party under this Agreement is required or desires to give to any other party shall be in writing and be either (1) delivered personally, (2) sent by facsimile transmission with an additional copy mailed first class, or (3) deposited in the U.S. mail, certified mail postage prepaid, return receipt requested and addressed as follows: 10. Successors. This Agreement shall be binding on and inure to the benefit of the successors and the assigns of the Parties. 11. Governing Law. This Agreement shall be construed in accordance with the laws of the State of Washington. Any action for enforcement of this Agreement shall be brought in a court of competent jurisdiction in Spokane County, Washington or as otherwise provided by statute. 12. Modifications. No modification or amendment of this Agreement shall be valid until the same is reduced to writing and executed with the same formalities as the present Agreement. 13. Waiver. No officer, employee, agent or otherwise of the City has the power, right or authority to waive any of the conditions or provisions to this Agreement. No waiver or any breach of this Agreement shall be held to be a waiver of any other or subsequent breach. 14. Representation. This Agreement forms a fully integrated agreement between the Parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the Parties hereto. This agreement shall meet the mitigation requirements for direct traffic- related impacts of the Development within the Project limits as described in the Project description in Section 1 of the Recitals and as identified and documented in the City File(s) Centennial Properties. r., Mitigation Agreement Pines/Mansfield Road Construction Project P. Public Wbrkt'plu! PmjectsVim-A1ucdiRSJrfstigation Agrcancnul liiiatioa AjtecmentAMMGA11ON AGREEMENT Centennial Prooatics.doe Page 5 of 6 referenced in Section 8 of the Recitals. This agreement shall not supersede any other conditions of approval not directly related to traffic- related impacts of the Development within the Project limits All Parties have read and understand all of the Agreement, and now state that no representation, promise or agreement not expressed in the Agreement has been made to induce any Party to execute the same. 15. Authority. Both Parties to this Agreement represent and certify that they have full authority and power to enter into and carry out this Agreement. The persons signing this Agreement represent that they have authority to act for and bind their respective principals. - Centennial Properties. =:. Mitigation Agreement Pines/Mansfield Road Construction Project Page 6 of 6 IN WITNESS WHEREOF, the Parties have executed this Agreement this ` day of i —�� , 2005. DEVELOPER: Centennial Propetties, Inc. B STATE OF WASHINGTON County of Spokane ATTEST: \V me Frost certificate above written. G per O' 1 ',..:.c.,Nt\j:;.:k.(;.n. *fib Q ° 0 AR Y��� AD Rif # ## • :R1Y �, O i� S CXTY OF SPOKANE VALLEY: David Mercier, City Manager Chris Bainbridge, City Clerk ) ss. On this day of k undersigned, a Notary Public in and for the srn, personally appeared ,/i47 69 it .0 P � .0'2' °f Its: e,7ekca State 2005 before me, the gton, duly commissioned and to me known to be the , the corporation that execiled the foregoing instrument, and acknowledged the instrument to be the free and voluntary act and deed of the corporation, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the instrument.. WITNESS my hand and official seal hereto affixed the day and year in this NOTARY PUBLIC, in and or the State of Washington, residing at + .?'f2- My commission expires: _ a � A, i ii. Printed Name APPROVED AS TO FORM: Cary Driskell, Deputy City Attorney P;5Pt !k Werk siCnpiui Projeeu.Pixs-Mansficlathikigalcnn A„nccmerstilMitigatim Agmrnems ITIGATIOV AGREEMENT Cen&c.mid Proptltits,dot Exhibit "A" 45033.9128 03 -25-44 PARCEL A OF RECORD OF SURVEY RECORDED UNDER AUDITORS FILE #4871947 BK 105 PG 95 BEING A PORTION OF SW1 /4 40335.9129 03- 25-44 PRACEL B OF RECORD OF SURVEY RECORDED UNDER AUDITORS FILE #4371947 BK 105 PG 95 BEING A PORTION OF S1/2 Page 1 of 3 Exhibit "A" :77 1 45104.9120 45104.9118 45104.9125 45104.9121 45104.9122 45104.9123 45104.9124 - 45104.9120 BSP 2004 -01 (AFN 5123854): LOT 1 (PTN SE 1/4 OF 10 -25-44, AKA MIRABEAU POINT 1 BINDING SITE PLAN, BSP - 01-04) 45104.9118 10- 25-44, PTN OF NW' /.OF SE' /. DAF: BEG NW COR OF SD NW Y, OF SE' /., TH S 89°56'1 1" E 288.70 FT ALG N LN OF SD NW' /. TO TRUE POB, TH S 89 °56'11" E 278.19 FT ALG SD N LN, TH S 0 °11'33" W 235.94 FT, TH S 89 °5611" E 369.25 FT TO W ROW LN OF DISCOVERY PLACE, TH S 0 °11'33" W 208.50 FT ALG SD ROW LN, TH SWLY ALG CUR CONCAVE NWLY W/ RAD OF 27.50 FT FOR 43.14 FT, TH N 89 °56'11" W 619.25 FT, TH N 0 °06'05" E 471.88 FT TO TRUE POB 45104.9121 BSP 2004 -01 (AFN 5123854): LOT 2 (PTN SE 1/4 OF 10- 25-44, AKA MIRABEAU POINT I BINDING SITE PLAN, BSP - 01-04) 45104.9122 BSP 2004 -01 (AFN 5123854): LOT 3 (PTN SE 1/4 OF 10 -25 -44, AKA MIRABEAU POINT 1 BINDING SITE PLAN, BSP -01-04) 45104.9123 BSP 2004 -01 (AFN 5123854): LOT 4 (PTN SE 1/4 OF 10- 25-44, AKA MIRABEAU POINT 1 BINDING SITE PLAN, BSP- 01 -04) 45104.9124 BSP 2004-01 (AFN 5123854): LOT 5 (PTN SE 1/4 OF 10- 25-44, AKA MIRABEAU POINT 1 BINDING SITE PLAN, BSP -01 -04) 45104.9125 BSP 2004-01 (AFN 5123854): LOT 6 (PTN SE 1/4 OF 10- 25-44, AKA MIRABEAU POINT 1 BINDING SITE PLAN, BSP -01 -04) Page 2 of 3 Exhibit "A" 45105.9097 , Irl , ;f.Fst'i 45113.9025 45114.9028 • 45105.9097 10 -25-44 PTN OF N1/2 OF SE1 /4 LYG N OF UNION PACIFIC RAILROAD (ALSO KNOWN AS SPOKANE INT RR) AND LYG E OF MIRABEAU PKWY ; TOGETHER WITH PTN OF S1/2 OF S1/2 OF NE1 /4 LYG E OF MIRABEAU PKWY AND S OF INLAND EMPIRE PAPER RR RMI. (AKA PARCEL "A" OF R.O.S. BK 90 PG7) 45113.9025 11 25 44 PTN OF N1/2 OF SW1 /4 LYG N OF SIRR RM/ & SLY OF A LN DESC UNDER DEED #6343400 DATED JUNE 30 -1972 45114.9028 11 25 44 PTN OF GOV L6 LYG N OF SIRR RJW & SLY OF A LN DESC UNDER DEED #634340C DATED JUNE 30 -1972 Page 3 of 3 City Portion - Mansfield Ave. (3-lane Section) Subtotals WSDOT Portion Ewhlbit 'B' Pines /Mansfield Cost Estimate PE ROW Construction Totals Preliminary Engineering $75,622 Soil; Investigation $15,000 Right- of-way $600,000 Project Signing $2,000 Contingencies - 10% $75,622 Construction Engineering -10% $75,622 Construction - 10% $756,220 Environmental/Misc. Enq 516,393 $107,015 $600,000 5909,464 $1,616,479 Design Engineering $200,000 Right - of-way (Euclid) $25,000 ROW - Pines $100,000 Construction $1,570,464 Contingencies $65,745 Sales Tax - 8.1 % $123,158 Construction Engineering 16% $252,979 Subtotals $200,000 5125,000 $ 2,022,346.00 S2,347.34 TOTAL $307,015 5725,000 52,931,810 $3,963,825 Added 550,000 per revised estimate from WSDOT for additional flagging required at RR crossing. TIB $ 2,193,561 55% Developers $ 499,795 13% City $ 55,000 1% WSDOT $ 55,000 1% CMAQ $ 1,160.500 29% Total $ 3,963,856 100% MITIGATION AGREEMENT SR 27 (PINES ROAD) / MANSFIELD ROAD CONSTRUCTION PROJECT This Mitigation Agreement ( "Agreement ") is entered into by and between Pinecroft, LLC ( "Developer"), a Washington Limited Liability Corporation, having offices for the transaction of business at 12310 E Mirabeau Pkwy., Suite 150, Spokane Valley, Washington 99216, and the City of Spokane Valley ( "City "), a political subdivision of the State of Washington, hereinafter jointly referred to as "Parties ": RECITALS 1. The City, in cooperation with Spokane County and the Washington State . Department of Transportation, planning to design and construct improvements to the SR 27 (Pines Road) and Mans.eld Road corridor with Transportation Partnership Program (TPP) grant funds from the Transportation Improvement Board ( and Congestion Management/Air Quality (CMAQ) grant funds from the Spokane Regional Transportation Council (SRTC). The name of the project is the Pines/Mansfield Corridor Congestion Relief Project ( "Project ") and the purpose of this project is to alleviate existing and future traffic congestion in this area. The Project will reconfigure the WB ramps of I -90 at SR -27 (Pines Rd.), using the existing slip ramps to Indiana Ave. and Montgomery Ave. WB off -ramp traffic will use the slip ramp to a signalized intersection at In.diana Ave. WB on -ramp traffic will use the slip ramp at Montgomery Ave. To improve operation of the W13 on -ramp and ensure . safety, the portion of Montgomery Ave. between Pines Rd. and the slip ramp will be one- way, westbound only. Therefore, to provide access to Pines Rd. for the properties west of Pines Rd., Mansfield Ave. will be improved, with a traffic signal at the intersection of Mansfield Ave. & Pines Rd. Curb, gutter, sidewalks and bike lanes will also be constructed. In addition, a signal will be installed at the Mirabeau Pkwy & Pines Rd. intersection to bring this intersection up to an acceptable level of service. 2. The Developer is the owner /developer of certain real property generally located within the SR 27 (Pines Road) and Mansfield Road corridor north of Interstate 90 legally described in Exhibit "A" ( "Property "). 3. The Developer is developing the Property for residential and/or commercial uses ( the "Development ") which will increase traffic congestion and directly impact existing transportation infrastructure along the Pines/Mansfield corridor from and including the on- and off - ramps at I -90. Mitigation of these impacts will be required as part of the development of said property. 4. The Parties are desirous of entering into an Agreement which provides for the payment of a proportionate share of the Project in consideration for the allocation of a specified number of P.M. Peak Hour trips and mitigation of traffic impacts associated with the Development. Pinecroft, LLC, Mitig? .« Agreement Pines/Mansfield Road Construction Project Page 2 of 7 5. The Developer recognizes the need to improve the traffic congestion in the Pines /Mansfield corridor and has agreed to financially participate in the Project by contributing a pro -rata share of the required local matching funds. The Developer's pro - rata share is based on the total number of trips previously estimated for the Development. 6. Pursuant to RCW 43.21C.060, and RCW 82.02.020, the City has the authority to allow a payment to mitigate a direct irnpact that has been identified as a consequence of a proposed development. The City (1) has identified future road projects necessitated by planned development in certain areas of the City; and (2) has identified a reasonable relationship between impacts generated by the Development to the transportation system and the financial contribution toward those impacts. 7. To mitigate the direct impacts of the Development upon existing transportation facilities, the Parties are voluntarily entering into this Agreement pursuant to RCW 82.02.020. 8. It is intended that this Agreement provide funds in order to mitigate the direct traffic - related impacts of the Development upon the environment which have been identified through the SEPA review process and documented in the City File No. ZE -94 -84 and 7E -5 -98. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants and conditions hereafter set forth, the Developer and the City hereto agree as follows: 1. Voluntary Agreement. This Agreement, including all attached documents, is a voluntary agreement as that term is used in RCW 82.02.020. The mitigation fees charged herein are proportional to the traffic - related impacts generated by the Development. The parties acknowledge that the capital project is reasonably necessary to mitigate the direct traffic impact of the Development. In the event this mitigation agreement is determined by a court to be null and void the City shall refund the unexpended portion of mitigation fees. Following a termination of this agreement the Developer shall, as reasonably required, mitigate the direct traffic impacts of the Development through the State Environmental Policy Act. 2. Project Funds. The Project is being funded from several sources including, the Washington State Department of Transportation (WSDOT), the Ills, the SRTC, the City, and private developers. Funds from WSDOT, TIB, SRTC and the City have been obligated. See "Exhibit 13 ". 3. Mitigation Fee. The Developer shall pay $151,91.7, ($303.46 per P.M. Peak Hour trip, minus $25,000 credit for Right -of -Way Agreement with WSDOT), which has been determined to be the Developer's contribution to the Project for mitigation of future traffic impacts related to the Development. This traffic mitigation fee shall be PAR±Ec WortsCCsyital ProjecuhPens.Maas5d3Mtizuioo Agmentenu`TTitisztim Agteetnew. . fI IGATION AGREEMENT Piaaroft. LLCdnc Pinecroft, LLC, Ming(_ .: v Agreement Pines/Mansfield Road Construction Project expended towards the design, right -of -way acquisition, and construction of the Project. 4. Payment To begin the design of the Project, the Developer agrees to pay all, or at least 20% of its mitigation fee no later than February 25, 2005. A letter of credit, savings assignment, set -aside letter, or other appropriate mechanism that gives the City a unilateral right to access the funds pursuant to this agreement from a financial institution shall also be provided to the City no later than. February 25, 2005 for the remaining 80% of the Developer's mitigation fee. The remaining 80% of the Developer's mitigation fee shall be collected by the City no later than 90 -days prior to the Project bid date for construction. The City will notify the Developer of the Project bid date when it is determined. All fees paid by the Developer shall be used as a portion of the local match required for the Tll3 and SRTC grants related to the design, right-of-way acquisition, and construction of the Project. 5. Site Development. Building permits will be issued for the Development when 1) this agreement has been executed by the Developer and the City, and 2) the Developer's mitigation fees have been paid in accordance with Section 4 above, and 3) all other conditions of approval of the Development required by state and local laws are satisfied. Execution of this agreement releases the Developer from the requirement of constructing frontage improvements on the Property, provided said frontage improvements are included in the Project. If frontage improvements are not included in the Project, the Developer is responsible for constructing frontage improvements in addition to paying the mitigation fees. 6. Compliance with RCW 82.02.020. Payment collected by the City will be held in a mitigation fee reserve account and may only be expended to fund the design, right -of- way acquisition, and construction of the Project. Payments shall be expended within five years of collection. The City shall be entitled to reimbursement from the mitigation fee reserve account for any funds it may expend for the design, right-of- way acquisition, and construction of the Project prior to the collection of the fee. Any funds in the mitigation fee reserve account not expended within five years shall be refunded by the City with interest as provided in RCW 82.02.020. 7. Committed P.M. Peak Hour Trips. The City agrees to reserve within the Project up to a total of 583 P.M. Peak Hour trips for the Property until the Development is complete provided such reservation complies with all federal, state and local laws at the time application for a building permit is made. "Complete" is defined as having received all governmental permits and approvals necessary to construct and permanently occupy the Development. If the total number of P.M. Peak PIour trips for the Development exceeds the total number of reserved trips noted above, a new traffic study shall be provided to determine if additional traffic mitigation is required. 8. Concurrencv: In accordance with the City's adopted concurrency standards pursuant to RCW 36.70A, the P.M. Peak Hour trips mitigated herein shall be considered to P:tPablio WotksCCapital ProjectskPinsts-MansficlaMiliption ABemtentsWeigatkon AgroxstmulMITIGATION ACRE1 morn Peer odt LLC.doc Page 3 of 7 Pinecroft, LLC, Mitig ... , Agreement Pines/Mansfield Road Construction Project Page 4 of 7 have satisfied concurrency for the Project from the Development as provided in paragraph 7. Any remaining capacity shall be available to the general public. 9. Notice: All communications, notices or demands of any kind which a party under this Agreement is required or desires to give to any other party shall be in writing and be either (1) delivered personally, (2) sent by facsimile transmission with an additional copy mailed first class, or (3) deposited in the U.S. mail, certified mail postage prepaid, return receipt requested and addressed as follows: If to the City: City of Spokane Valley 11707 E. Sprague Ave., Suite 106 Spokane Valley, WA 99206 Fax: (509).921 -1008 Attn: City Manager If to the Developer: John Miller Pinecroft, LLC 12310 E Mirabeau Pkwy., Suite 150 Spokane Valley, WA 99216 10. Successors. This Agreement shall be binding on and inure to the benefit of the successors and the assigns of the Parties. 11. Governing Law. This Agreement shall be construed in accordance with the laws of the State of Washington. Any action for enforcement of this Agreement shall be brought in a court of competent jurisdiction in Spokane County, Washington or as otherwise provided by statute. 12. Modifications. No modification or amendment of this Agreement shall be valid until the same is reduced to writing and executed with the same formalities as the present Agreement. 13. Waiver. No officer, employee, agent or otherwise of the City has the power, right or authority to waive any of the conditions or provisions to this Agreement. No waiver or any breach of this Agreement shall be held to be a waiver of any other or subsequent breach. 14. Representation. This Agreement forms a fully integrated agreement between the Parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the Parties hereto. This agreement shall meet the mitigation requirements for direct traffic - related impacts of the Development within the Project limits as described in the Project description in Section 1 of the Recitals and as identified and documented in the City File(s) referenced in Section 8 of the Recitals. This agreement shall not supersede any other conditions of approval not directly related to traffic- related impacts of the P. atlic wne}seCapta? Projec0P nm- MansficU rats zinn Agreetra=teaaigzion A Agrem ni fmCAllON AMEEMJ"T Pin cr & 1LC,dot Pinecroft, LLC, Mitig' _ Agreement Pines/Mansfield Road Construction Project Page 5 of 7 Development within the Project limits. All Parties have read and understand all of the Agreerent, and now state that no representation, promise or agreement not expressed in the Agreement has been made to induce any Party to execute the same. 15. Authority. Both Parties to this Agreement represent and certify that they have full authority and power to enter into and carry out this Agreement. The persons signing this Agreement represent that they have authority to act for and bind their respective principals. ?Vet& W� lst ipi aI ProjectNLrrsALrsfieldWiti th n A grocmcatSMith ASrsnracs'MFFtGATION AGREEM&NT Pioccek 1..C'oc Pinecroft, LLC, Mitig' Agreement Pines/Mansfield Road Construction Project Page 6 of 7 IN WITNESS WHEREOF, the Parties have executed this Agreement th day of T;tz ,2005. STATE OF WASHINGTON County of Spokane Notary Public State of Washington CAROLYN J. GEORGE MY COMMISSION EXPIRES • Dec. 15, 2007 ss. On this' (1 day of re_ undersigned, a Notary Public in and for the, State of W sworn, personally appeared • J Le+r of • vi LUC Its: 2005 before me, the ashington, duly commissioned and to me known to be the , - the corporation that executed the foregoing instrument, and acknowledged the instrument to be the free and voluntary act and deed of the corporation, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the instrument. WITNESS my hand and official seal hereto affixed the day and year in this certificate above written. • N Y P ` L� in d for the State of Washington, residing at ..S0s..cutki2 M commission expires: ?Zit Sk O Printed ame P:11kbEc WerksVCarAtai Project APioc - Manebee Cfr:igatioe AgxmeatdJ.faigatian Agee mmts'MIYlGATION AGREWM4T Piece& CLC.doe Pinecroft, LLC, MitigaiL '_Agreement Pines/Mansfield Road Construction Project D EVELOPER: Pinecroft, LLC By: Al 1'1 .,ST: Susan E. Miller STATE OF WASHINGTON County of Spokane WITNESS my hand and certificate above written. y�io.v F �. . v PVBUQ , 11 • . . s ,. CITY OF SPO'9lALLEY: David Mercier, City Manager Chris Bainbridge, City Clerk ) ss. Its: On this • day of 1 t \X undersigned, a Notary Public in and for the State of \Vashington, duly commissioned and sworn, personally appeared , S % to me known to be the CN Q of t• ' ...SIM the corporation t executed the foregoing instrument, and acknowledged the instrument to be the free and voluntary act and deed of the corporation, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the instrument. official seal hereto affixed the day and year in this 2005 before me, the NOT • 4: PUBLIC, in and for the State of Washington, residing at My cornnission expires: Rn a m Print ame APPROVED AS TO FORM: Cary.Driskell, Deputy City Attorney PAPublic Worke.Capiul ProjeaAPinm•A4rsfxl?tAGtigatioa Agi cmemsksfr.igatioo AgreemtmANCTKGATl0Y AGREEMENT Pincerof. LLC.doc Page 7 of 7 Exhibit "A" 45033.9121 03 -25-44 / LOUISVILLE ADD PTN OF SW1 /4 OF SW1 /4 SEC 3 S OF N.P.RY CO RAN EXC BEG AT SW COR SD SEC 3 TH N ALG W LN OF SEC SD LN ALSO BEING C/L OF PINES RD 822.6FT TH N65DEG46MINE 32.9FT M/L TO INTER OF E RAW PINES RD & SLY R/W N.P. RY SD PT BEING TRUE POB TH CONT N65DEG46MINE ALG SLY RNV N.P. RY 984.6FT TH N73DEG20MINE ALG SD N.P. RY 220.6FT TH AT R/A TO SD RAW S16DEG40MINE 350FT TH S73DEG20MINW 350FT TH N16DEG40MINW 292.6FT TH S65DEG46MINW 867FT TO PT ON E RNV PINES RD TH N43.8FT M/L TO TRUE POB & EXC ANY PT WITHIN BEG 620FT N OF SW COR TH E170FT TH N155FT TH W170FT TH S155FT TO POB AND EXC THAT PTN WITHIN FOLG DESC PARCEL: BEG AT PT ON W LN OF SEC 3 822.6FT N OF SW COR TH N65DEG46MINE 1017.5FT ALG SLY RNV N.P. RY TH N73DEG20MINE 220.6FT ALG SD RAN TO TRUE POB TH CONT N73DEG20MINE ALG SD RAN 451.40FT TH S49DEG16MINE 169.93FT TH S69DEG34MINW 544FT TH N16DEG40MINW 178.8FT TO TRUE POB & EXC LTS 5,6 &7 BLK34 LOUISVILLE ADD EXC RD AND EXC PTN OF SW1 /4 SEC 3 DAF: BEG AT SW COR SEC 3 TH NO2DEG42MIN48SECW ALG W LN OF SW1 /4 201 FT TH N87DEG15MIN32SECE 42FT TO E RAW PINES RD THE TRUE POB TH CONT N87DEG15MIN32SECE 237.5FT TH SO2DEG42MIN48SECE 148FT TO N RNV EUCLID AVE TH S67DEG15MIN32SECW ALG SD N RNV 183.47FT TO BEG CURVE RT RAD BRS NO2DEG44MIN28SECW DIST 54FT TH CONT ALG SD N RNV & CURVE TO RT THRU C/A 90DEGO1 MIN41 SEC AN ARC DIST OF 84.85FT TO A PT OF TANG ON E RAW PINES RD TH NO2DEG42MIN48SECW ALG SD E RNV 93.97FT TO TPOB TOGETHER WITH W290FT OF GOV LT 8 EXC PTN LYG NLY OF FOLG DESC LN: BEG AT A PT ON W LN OF SEC 3 822.BFT N OF SW COR TH N65DEG46MINE 1017.5FT ALG SLY R/W OF N.P.RR TH N37DEG20MINE TO HIGH WATER LN OF SPOKANE RIVER & TERM OF SD LN & EXC RD TOGETHER WITH LTS 5,687 BLK 34 OF LOUISVILLE ADD EXC PTN WITHIN: BEG 620FT N & 20FT E OF SW COR SEC 3 TH E170FT TH N155FT TH W170FT TH S155FT TO POB EXC: RDS 45102.9109 PINECROFT BUSINESS PARK PHASE II LT 6 BLK 1 OF B.S.P. 01 -78 AUDITOR'S FILE #4679693 Exhibit "A" 45105.9110 PINECROFT BUSINESS PARK PHASE 11 LT 7 BLK 1 OF B.S.P. 01 -78 AUDITOR'S FILE #4679693 45102.9103 10 -25-44 (SP98 -1188) TR 4 OF SP98 -1188 AUDITORS #4376384 BK 16 PGS 27 & 28 LYG SLY OF FOLLOWING DESC LN; BEG AT MOST SELY COR OF TR 4, TH NLY ALG ELY LN 440FT TO TRUE POB OS SD LN, TH S89DEG 56M1N 30SDS W 504.46FT & TERM OF SD LN BEING A PTN OF NW1 /4 OF NW1 /4 Exhibit 9' City Portion - Mansfield Ave. (3 -lane Section) Subtotals WSDOT Portion TOTAL Pines /Mansfield Cost Estimate Preliminary Engineering $75,522 Soils Investigation $15,000 Right-of-way $600,000 Project Signing $2,0D0 Contingencies - 10% $75,622 Construction Engineering -10% $75,622 Construction - 10% $756,220 EnvironmentlVMisc. Enq $16,393 PE ROW Construction Totals 119 $ 2,193,551 55% Developers $ 499,795 13% City $ 55,000 1% WSDOT $ 55,000 1% CMAQ $ 1,160.500 29% Total $ 3,953,656 100% $107,015 $600,000 $909,464 51,516,479 Design Engineering $200,000. Right-of-way (Euclid) $25,000 ROW - Pines $100,000 Construction $1,570,464 Contingencies $65,745 Sales Tax - 8.1% $123,1 53 Construction Engineering 16% $262,979 Subtotal $200,000 $125,000 $ 2,022,346 -00 P.347.346 $307,015 $725,000 $2,931,810 $3,953,825 Added $50,000 per revised estimate from WSDOT for additional flagging required at RR crossing. FEE -08 -2005 TUE 04:03 Ph A &A CONSTRUCTION & DEV FAX NO. 5096241255 MITIGATION AGREEMENT SR 27 (PINES ROAD) / MANSFIELD ROAD CONSTRUCTION PROJECT This Mitigation Agreement ( "Agreement") is entered into by and between, A & A Construction & Development, Inc. ( "Developer "), a Washington Corporation, having offices for the transaction of business at 202 E. Trent Avenue, Suite 400, Spokane, Washington 99202, and the City of Spokane Valley ( "City"), a political subdivision of the State of Washington, hereinafter jointly referred to as "Parties ": RECITALS 1. The City, in cooperation with Spokane County and the Washington State Department of Transportation, is planning to design and construct improvements tithe SR 27 (Pines Road) and Mansfield Road corridor with Transportation Partnership Program (TPP) grant funds from the Transportation Improvement Board (TIB) and • Congestion Management/Air Quality (CMAQ) grant funds from the Spokane Regional Transportation Council (SRTC). The name of the project is the Pines/Mansfield Corridor Congestion Relief Project ( "Project ") and the purpose of this project is to alleviate existing and future traffic congestion in this area. The Project will reconfigure the WB ramps of I -90 at SR -27 (Pines Rd.), using the existing slip ramps to Indiana Ave. and Montgomery Ave. WB off-ramp traffic will use the slip ramp to a signalized intersection at Indiana Ave. WB on -ramp traffic will Ise the slip ramp at Montgomery Ave. To improve operation of the WB on -ramp and ensure safety, the portion of Montgomery Ave. between Pines Rd. and the slip ramp will be one - way, westbound only. Therefore, to provide access to Pines Rd. for the properties west of Pines Rd., Mansfield Ave. will be improved, with a traffic signal at the intersection of Mansfield Ave. & Pines Rd. Curb, gutter, sidewalks and bike lanes will also be constructed. In addition, a signal will be installed at the Mirabeau Pkwy & Pines Rd. intersection to bring this intersection up to an acceptable level of service. 2. The Developer is the owner /developer of certain real property generally located within the S.R. 27 (Pines Road) and Mansfield Road corridor north of Interstate 90 legally described in Exhibit "A" ( "Property"). 3. The Developer is developing the Property for residential and/or commercial uses (the "Development ") which will increase traffic congestion and directly impact existing transportation infrastructure along the Pines/Mansfield corridor from and including the on- and off-ramps at 1-90. Mitigation of these impacts will be required as part of the development of said property. 4. The Parties are desirous of entering into an Agreement which provides for the payment of a proportionate share of the Project in consideration for the allocation of a specified number of P.M. Peak Hour trips and mitigation of traffic impacts associated with the Development. P. 02 - FEB -08 -2005 TUE 04:03 Ph A &A CONSTRUCTION & DEV FAX NO. 5096241255 A &A Construction & Development, Inc., Mitigation Agreement Pines/Mansfield Road Construction Project 5. The Developer recognizes the need to improve the traffic congestion in the; Pines/Mansfield corridor and has agreed to financially participate in the Project by contributing a. pro -rata share of the required local matching funds. The Developer's pro - rata share is based on the total number of trips previously estimated for the Development. 6. Pursuant to RCW 43.21C.060, and RCW 82.02.020, the City has the authority to allow a payment to mitigate a direct impact that has been identified as a consequence of a proposed development. The City (1) has identified future road projects necessitated by planned development in certain areas of the City; and (2) has identified a reasonable relationship between impacts generated by the Development to the transportation system and the financial contribution toward those impacts. 7. To mitigate the direct impacts of the Development upon existing transportation facilities, the Parties are voluntarily entering into this Agreement pursuant to RCW 82.02.020. 8. It is intended that this Agreement provide funds in order to mitigate the dirt:ct traffic- related impacts of the Development upon the environment which have been identified through the SEPA review process and documented in the City File No. R.EZ- 06-04. NOW, THEREFORE, in consideration of the mutual covenants and conditions hereafter set forth, the Developer and the City hereto agree as follows: Voluntary Agreement. This Agreement, including all attached documents, is a voluntary agreement as that term is used in RCW 82.02.020. The mitigation fees charged herein are proportional to the traffic - related impacts generated by the Development. The parties acknowledge that the capital project is reasonably necessary to mitigate the direct trade impact of the Development. In the event this mitigation agreement is determined by a court to be null and void the City shall refund the unexpended portion of mitigation fees. Following a termination of this agreement the Developer shall, as reasonably required, mitigate the direct traffic impacts of the Development through the State Environmental Policy Act. 2. Project Funds. The Project is being funded from several sources including, the Washington State Department of Transportation ( WSDOT), the TIB, the SRTC, the City, and private developers. Funds from WSDOT, TIB, SRTC and the City have been obligated. See "Exhibit 8". 1. AGREEMENT F Iu c Woekj'C.vital Projr4APCc5.Mansficlahruiguion Atp=cA aAFsigssioq Apfmiaa si.M ITIUAT!ON ACRIMANT A C A Cuazzda Page 2 of 6 P. 03 FEB -08 -2005 TUE 04:03 PM A &A CONSTRUCTION & DFV FAX NO, 509624 1255 A &A Construction & Development, Inc., Mitigation Agreement Pines/Mansfield Road Construction Project Page 3 of 6 3. Mitigation Fee. The Developer shall pay $60,388 ($303.46 per P.M. Peak Hot:r trip), which has been determined to be the Developer's contribution to the Project for mitigation of, future traffic impacts related to the Development. This traffic mitigation fee shall be expended towards the design, right-of-way acquisition, Rnd construction of the Project. 4. Payment To begin the design of the Project, the Developer agrees to pay all, or at least 20% of its mitigation fee no later than February 25, 2005. A letter of credit, savings assignment, set -aside letter, or other appropriate mechanism that gives the City a unilateral right to access the funds pursuant to this agreement from a financial institution shall also be provided to the City no later than February 25, 2005 for the remaining 80% of the Developer's mitigation fee. The remaining 80% of the Developer's mitigation fee shall be collected by the City no later than 90 -days prior to the Project bid date for construction. The City will notify the Developer of the - Project bid date when it is determined. All fees paid by the Developer shall be used as a portion of the local match required for the TIB and SRTC grants related to the design, right -of -way acquisition, and construction of the Project. 5. Site Development. Building permits will be issued for the Development when 1) this agreement has been executed by the Developer and the City, and 2) the Developer's mitigation fees have been paid in accordance with Section 4 above, and 3) all other conditions of approval of the Development required by state and local laws are satisfied. Execution of this agreement releases•the Developer from the requirement of constructing frontage improvements on the Property, provided said frontage improvements are included in the Project. If frontage improvements are not included in the Project, the Developer is responsible for constructing frontage improvements in addition to paying the mitigation fees. 6. Compliance with RCW 82.02.020. Payment collected by the City will be held in a mitigation fee reserve account and may only be expended to fund the design, right way acquisition, and construction of the Project. 'Payments shall be expended within five years of collection. The City shall be entitled to reimbursement from the mitigation fee reserve account for any funds it may expend for the design, right -of- way acquisition, and construction of the Project prior to the collection of the fee. Any funds in the mitigation fee reserve account not expended within five years shall be refunded by the City with interest as provided in RCW 82.02.020. 7. Committed P.M. Peak Hour Trips. The City agrees to reserve within the Project up to a total of 199 P.M. Peak Hour trips for the Property until the Development :is complete provided such reservation complies with:all federal, state and local laws at the time application for a building permit is made. "Complete" is defined as having received all governmental permits and approvals necessary to construct and permanently occupy the Development. If the total number of P.M. Peak Hour trips for the Development exceeds the total number of reserved trips noted above, a new traffic study shall be provided to determine if additional traffic mitigation is required. P9'ubtc WorASCar ^..al PmjaaaYia Ma s°a!3Jdalpptiaa AgmnmattlMicigatbn Agrxmane.WT1GAT197f AGiiEE.KF]NT A & A Comt..dtt P. 04 FEB-08-2005 TUE 04 :04 Ph AM CONSTRUCTION & DEV FAX NO. 5096241255 A &A Construction & Development, Inc., Mitigation Agreement Pines/Mansfield Road Construction Project Page 4 of 6 8. Coneurrencv: In accordance with the City's adopted concurrency standards pursuant to RCW 36.70A, the P.M. Peak Hour trips mitigated herein shall be considered to have satisfied concurrency for the Project from the Development as provided in paragraph 7. Any remaining capacity shall be available to the general public. 9. Notice: All communications, notices or demands of any kind which a party under this Agreement is required or desires to give to any other party shall be in writing and be either (1) delivered personally, (2) sent by facsimile transmission with an additional copy mailed first class, or (3) deposited in the U.S. mail, certified mail postage prepaid, return receipt requested and addressed as follows: If to the City: City of Spokane Valley 11707 E. Sprague Ave., Suite'106 Spokane Valley, WA 99206 Fax: (509) 921 -1008 Attn: City Manager If to the Developer: Christopher Ashenbrener A & A Construction & Development, Inc. 202 E. Trent Avenue, Suite 400 Spokane, WA 99202 10. Successors. This Agreement shall be binding on and inure to the benefit of the successors and the assigns of the Parties. 11. Governing Law. This Agreement shall be construed in accordance with the laws of the State of Washington. Any action for enforcement of this Agreement shall be brought in a court of competent jurisdiction in Spokane County, Washington or as otherwise provided by statute. 12. Modifications. No modification or amendment of this Agreement shall be valid until the same is reduced to writing and executed with the same formalities as the present Agreement. 13. Waiver. No officer, employee, agent or otherwise of the City has the power, right or authority to waive any of the conditions or provisions to this Agreement. No waiver or any breach of this Agreement shall be held to be a waiver of any other or subsequent breach. 14. Representation. This Agreement forms a fully integrated agreement between the Parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the Parties hereto. This agreement shall meet the mitigation requirem.ents for direct traffic - related impacts of the Development within the Project limits as described in the Project description in Section 1 of the Recitals and as identified and documented in the City File(s) P:TtREic WorlutCapira} Rnie_: kr s-Mt.-nlial dit AgremerlAM'rigation Apjtemua,l. AGRFLMt 4T A R A Coni.I.o P. 05 ' FEB -08 -2005 TUE 04:04 PM AF,A CONSTRUCTION & DEV FAX N0. 5096241255 A &A Construction & Development, Inc., Mitigation Agreement Pines /Jvlansfieid Road Construction Project Page 5 of 6 referenced in Section 8 of the Recitals. This agreement shall not supersede any other conditions of approval not directly related to traffic- related impacts of the Development within the Project limits. All Parties have read and understand all of the Agreement, and now state that no representation, promise or agreement not expressed in the Agreement has been. made to induce any Party to execute the same. 15. Authority. Both Parties to this Agreement represent and certify that they have frill . authority and power to enter into and carry out this Agreement. The persons signing this Agreement represent that they have authority to act for and bind their respective principals. P:Wublic W,rkd,CopiLd PrciszA.Pincs-Mizofic500filiptkm PT Agra+xmalMcigatian A gtcfn.- ;g1.M3TICAT ON AGREEMENT A G A CauLAoo P, 06 FEB -08 -2005 TUE 04:04 PM A &A CONSTRUCTION & DEV A&A Construction & Development, Inc., Mitigation Agreement Pines/Mansfield Road Construction Project IN WITNESS WHEREOF, the Parties have executed this Agreement this day of , 2005. DEVELOPER: A & A Const?tion & Development, Inc. Name: STATE OF WASHINGTON County of Spokane On this undersigned, a Notary Public rp m, personal ppnred �CI 111 f of corporation that executed the foregoing instrument, and acknowledged the instrument to be the free and voluntary act and deed of the corporation, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the instrument WITNESS m hand and certificate abovAA /1/4, cy` • .6). ti .. .� � % • A. 'Z 9 f RFiYt.1.!1%--.<3 /ob �wasr; ■.` CITY OF SPOIICANE VALLEY: David Mercier, City Manager ATTEST: Chris Bainbridge, City Clerk ) ss. day of and for official FAX N0. 5096241255 P. 07 Its: e State o 2005 before n :ie, the hington, duly commissioned and to me known to be the the seal hereto affixed the day and year i n this NOT ' Y IC, in and for the State of Washi on, residing at My commission expires: . 070,h Printed Naane P;1PdbGe Wo14d49i31 Prajend ^In••s•MenAliddUlicigetion A mcams 3..Cityuiea Auaa- errs'af[Ti4ATION AGAF.PA15TT A R A Cenzdee APPROVED AS TO FORM: Page 6 of 6 Cary Driskell, Deputy City Attorney 1 FEB -08 - 2005 TUE 04:05 PM A &A CONSTRUCTION & DEV FAX NO 509624 1255 ASSESSORS PL 6 B4 -5 45i 103.0206 ASSESSORS PL 6 B6 45103.0 08 ASSESSORS PL 6 W1 /2 37 Exhibit "A" 4, 5 4 2056- 45'1 07,1,412416451 03,02 ? -1 '�,. . ♦ yam ~ �7 P, Ud FEB -08 -2005 TUE 04:05 r19 A&A CONSTRUCTION & DEV FAX NO, 5096241255 N. U� Subtotals WSDOT Portion Efbit 'B' Pines /Mansfield Cost Estimate PE ROW Construction Totals City Portion - Mansfield Ave. (3 -land section) Preliminary Engineering $75,622 Soils Investigation $15,000 Right - of-way $600,000 Pro)ert Signing $2,000 Contingencies - 10% $75,622 Construction Engineering - 10% $75,622 Construction - 10% $756220 EnvIronmen tiMiss. Eng $16,393 $107.015 $500,000 $909,464 $1,616;479 Design Engineering 5200,000 Right- of-way (Euclid) $25,000 ROW - Pines $100,000 Construction $1,570,464 • Contingencies 565,745 Sales Tax - 8.1% $123,158 Construction Engineering 16% $262,979 Subtotals $200,000 $125,000 $ 2,022,3455.00 $2.347.345 TOTAL $307,015 $725,000 b2,931,810 $3,963,825 • Added $50,000 per revisod estimate from WSDOT for additional flagging requited at RR crossing. TIB 5 2,193,551 55°x6 Developers $ 439,795 13% City $ 55,000 1% WSDOT S 55,000 1% CMAQ $ 1,160,500 29% Total $ 3,963,650 100% MITIGATION AGREEMENT SR 27 (PINES ROAD) / MANSFIELD ROAD CONSTRUCTION PROTECT This Mitigation Agreement ( "Agreement ") is entered into by and between SVG.View Ranch Estates, LLC, ( "Developer "), a Washington Limited Liability Corporation, having offices for the transaction of business at 2910 E 13 Avenue, Spokane, Washington 99202, and the City of Spokane Valley ( "City "), a political subdivision of the State of Washington, hereinafter jointly referred to as "Parties ": RECITALS 1. The City, in cooperation with Spokane County and the Washington State Department of Transportation, is planning to design and construct improvements to the SR 27 (Pines Road) and Mansfield Road corridor with Transportation Partnership . Program (TPP) grant funds from the Transportation Improvement Board (TIB) and Congestion Management/Air Quality (CMAQ) grant funds from the Spokane Regional Transportation Council (SRTC). The name of the project is the Pines/Mansfield Corridor Congestion Relief Project ( "Project ") and the purpose of this project is to alleviate existing and future traffic congestion in this area. The Project will reconfigure the WB ramps of 1-90 at SR -27 (Pines Rd.), using the existing slip ramps to Indiana Ave. and Montgomery Ave. WB off -ramp traffic will use the slip ramp to a signalized intersection at Indiana Ave. WB on -ramp traffic will use the slip ramp at Montgomery Ave. To improve operation of the WB on -ramp and ensure safety, the portion of Montgomery Ave. between Pines Rd. and the slip ramp will be one - way, westbound only. Therefore, to provide access to Pines Rd. for the properties west of Pines Rd., Mansfield Ave. will be improved, with a traffic signal at the intersection of Mansfield Ave. & Pines Rd. Curb, gutter, sidewalks and bike lanes will also be constructed. In addition, a signal will be installed at the Mirabeau Pkwy & Pines Rd. intersection to bring this intersection up to an acceptable level of service. 2. The Developer is the owner /developer of certain real property generally located within the SR 27 (Pines Road) and Mansfield Road corridor north of Interstate 90 legally described in Exhibit "A" ( "Property"). 3. The Developer is developing the Property for residential and/or commercial uses (the "Development ") which will increase traffic congestion and directly impact existing transportation infrastructure along the Pines/Mansfield corridor from and including the on- and off-ramps at I -90. Mitigation of these impacts will be required as part of the development of said property. 4. The Parties are desirous of entering into an Agreement which provides for the payment of a proportionate share of the Project in consideration for the allocation of a specified number of P.M. Peak Hour trips and mitigation of traffic impacts associated with the Development. SVG.View Ranch Est' Mitigation Agreement Pines/Mansfield Road construction Project Page 2 of 6 S. The Developer recognizes the need to improve the traffic congestion in the Pines/Mansfield corridor and has agreed to financially participate in the Project by contributing a pro -rata share of the required local matching funds. The Developer's pro - rata share is based on the total number of trips previously estimated for the Development. 6. Pursuant to RCW 43.21C.060, and RCW 82.02.020 the City has the authority to allow a payment to mitigate a direct impact that has been identified as a consequence of a proposed development. The City (1) has identified future road projects necessitated by planned development in certain areas of the City; and (2) has identified a reasonable relationship between irnpacts generated by the Development to the transportation system and the financial contribution toward those impacts. 7. To mitigate the direct impacts of the Development upon existing transportation facilities, the Parties are voluntarily entering into this Agreement pursuant to RCW 82.02.020. 8. It is intended that this Agreement provide funds in order to mitigate the direct traffic- related impacts of the Development upon the environment which have been identified through the SEPA review process and documented in the City File No. ZE- 44 -94. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants and conditions hereafter set forth, the Developer and the City hereto agree as follows: 1. Voluntary Agreement. This Agreement, including all attached documents, is a voluntary agreement as that term is used in RCW 82.02.020. The mitigation fees charged herein are proportional to the traffic- related impacts generated by the Development. The parties acknowledge that the capital project is reasonably necessary to mitigate the direct traffic impact of the Development. In the event this mitigation agreement is determined by a court to be null and void the City shall refund the unexpended portion of mitigation fees. Following a termination of this agreement the Developer shall, as reasonably required, mitigate the direct traffic impacts of the Development through the State Environmental Policy Act. 2. Project Funds. The Project is being funded from several sources including, the Washington State Department of Transportation (WSDOT), the TIB, the SRTC, the City, and private developers. Funds from WSDOT, TIB, SRTC and the City have been obligated. See "Exhibit B" 3. Mitigation Fee. The Developer shall pay $28,222, ($303.46 per P.M. Peak Hour trip), which has been determined to be the Developer's contribution to the Project for mitigation of .future traffic impacts related to the Development. This traffic mitigation fee shall be expended towards the design, right -of -way acquisition, and construction of the Project. P; WubEc Works5Ca7ital P103=PFiaa -Mnn cldJ.fnigartion Auccmenrs: ■fnigntion Agrccmcnts1M1 flOAT1ON AGREEMENT Carton Lsnda.doc SVG.View Ranch Esi , Mitigation Agreement Pines/Mansfield Road Construction Project Page 3 of 6 The mitigation fee above is based upon the Developer's current request for an increased number of lots. If the increased number of requested lots is not approved by the City, the City agrees to refund the difference between what has been paid and the amount owed based upon the number of approved Tots. 4. Payment To begin the design of the Project, the Developer agrees to pay all, or at least 20% of its mitigation fee no later than February 25, 2005. A letter of credit, savings assignment, set -aside letter, or other appropriate mechanism that gives the City a unilateral right to access the funds pursiiint to this agreement from a financial institution shall also be provided to the City no later than February 25, 2005 for the remaining 80% of the Developer's mitigation fee. The remaining 80% of the Developer's mitigation fee shall be collected by the City no later than 90 -days prior to the Project bid date for construction. The City will notify the Developer of the Project bid date when it is determined All fees paid by the Developer shall be used as a portion of the local match required for the TI13 and SRTC grants related to the design, right -of -way acquisition, and construction of the Project. 5. Site Development. Building permits will be issued for the Development when 1) this agreement has been executed by the Developer and the City, and 2) the Developer's mitigation fees have been paid in accordance with Section 4 above, and 3) all other conditions of approval of the Development required by state and local laws are satisfied. Execution of this agreement releases the Developer from the requirement of constructing frontage improvements on the Property, provided said frontage improvements are included in the Project. If frontage improvements are not included in the Project, the Developer is responsible for constructing frontage improvements in addition to paying the mitigation fees. 6. Compliance with RCW 82.02.020. Payment collected by the City will be held in a mitigation fee reserve account and may only be expended to fund the design, right -of- way acquisition, and construction of the Project. Payments shall be expended within five years of collection. The City shall be entitled to reimbursement from the mitigation fee reserve account for any funds it may expend for the design, right -of- way acquisition, and construction of the Project prior to the collection of the fee. Any funds in the mitigation fee reserve account not expended within five years shall be refunded by the City with interest as provided in RCW 82.02.020. 7. Committed P.M. Peak Hour Trips. The City agrees to reserve within the Project up to a total of 93 P.M. Peak Hour trips for the Property until the .Development is complete provided such reservation complies with all federal, state and local laws at the time application for a building permit is made. "Complete" is defined as having received all governmental permits and approvals necessary to construct and permanently occupy the Development. If the total number of P.M. Peak Hour trips for the Development exceeds the total number of reserved trips noted above, a new traff=ic study shall be provided to determine if additional traffic mitigation is required. P'Wublic WorkitCapild ProjcetaJ ittehMutsfieldU.fr.igatioo Agrccmcros■Mldgarion AgauasNITIOATIQN AGREEMENT Carlos Landa.det SVG.View Ranch Esti Mitigation Agreement Pines/Mansfield Road Construction Project Page 4 of 6 8. Concurrencv: In accordance with the City's adopted concurrency standards pursuant to RCW 36.70A, the P.M. Peak Hour trips mitigated herein shall be considered to have satisfied concurrency for the Project from the Development as provided in paragraph 7. Any remaining capacity shall be available to the general public. 9. Notice: All communications, notices or demands of any kind which a party under this Agreement is required or desires to give to any other party shall be in writing and be either (1) delivered personally, (2) sent by facsimile transmission with an additional copy mailed first class, or (3) deposited in the U.S. mail, certified mail postage prepaid, return receipt requested and addressed as follows: If to the City: City of Spokane Valley 11707 E. Sprague Ave., Suite 106 Spokane Valley, WA 99206 Fax: (509) 921 -1008 Attn: City Manager If to the Developer: Carlos Landa SVG.View Ranch Estates, LLC 2910 E 13 Avenue Spokane, WA 99202 10. Successors. This Agreement shall be binding on and inure to the benefit of the successors and the assigns of the Parties. 11. Governing Law. This Agreement shall be construed in accordance with the laws of the State of Washington. Any action for enforcement of this Agreement shall be brought in a court of competent jurisdiction in Spokane County, Washington or as otherwise provided by statute. 12. Modifications. No modification or amendment of this Agreement shall be valid until the same is reduced to writing and executed with the same formalities as the present Agreement. 13. Waiver. No officer, employee, agent or otherwise of the City has the power, right or authority to waive any of the conditions or provisions to this Agreement. No waiver or any breach of this Agreement shall be held to be a waiver of any other or subsequent breach. 14. Representation. This Agreement forms a fully integrated agreement between the Parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the Parties hereto. This agreement shall meet the mitigation requirements for direct traffic - related impacts of the Development within the Project limits as described in the Project description in Section 1 of the Recitals and as identified and documented in the City File(s) referenced in Section 8 of the Recitals. This agreement shall not supersede any other conditions of approval not directly related to traffic- related impacts of the P:Wublic Walk. Capital PmjensTines- Mans9ciaMitigation Agreemems\Mitigstim AgreenenteJA TK AT10N AGREEMENT Cubs Lantla.dx SVG.View Ranch Mitigation Agreement Pines/Mansfield Road Construction Project Page 5 of 6 Development within the Project limits. All Parties have read and understand all of the Agreement, and now state that no representation, promise or agreement not expressed in the Agreement has been made to induce any Party to execute the same. 15. Authority. Both Parties to this Agreement represent and certify that they have full authority and power to enter into and carry out this Agreement. The persons signing this Agreement represent that they have authority to act for and bind their respective principals. P:lPublie Werks5Capiu! P jectsTinemp-,'.(aafid16Mdiydon A fFcemcets1Mitigation Ap;eements'MTT1GAT1O l AGREEMENT Cordes landa.doe SVG•View Ranch Est/ Mitigation Agreement Pines /Mansfield Road Construction Project IN WITNESS WHEREOF, the Parties have executed this Agreement this 0 day of 6,. O f . , 2005. DEVELOPER SVG.View Ran c' :sta+ s, LLC, By: Carlos Landa STATE OF WASHINGTON County of Spokane On this 4=0 day of T, 2005 before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared ( / to me known to be the R�Qt of ,Se-, < l c the corporation that executed the foregoing instrument, and acknowledged the instrument to be the free and voluntary act and deed of the corporation, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the instrument. WITNESS my hand and official seal hereto affixed the day and year in this certificate a _ _ _ ., 'teen. CITY OF SPOKANE VALLEY: David Mercier, City Manager ATTEST: ) ss. Its: fog 4 —s • r P:SA t 1c Worke6Capital PrajettaiccrMansficld■Mitigmion AgG:mentstMitivtion AQfc ncd '.4ITIGATION AGREEMENT Garin landa.dtre Page 6 of 6 64- NOTARY PUBLIC, in and for the Stat9 of Washington, residing at 6po ,u _ Va.Lleti u-)f My commission expires: _1(2/A7/07 S, P-eforsm Printed Name APPROVED AS TO FORM: Chris Bainbridge, City Clerk Cary Driskell, Deputy City Attorney Exhibit "A" 11 Buckeyo Mime Edo Buckey. Jackson 45091.9002 09 -25-44 PTN OF SW114 OF NE1 /4 DAF; BEG AT SE COR OF N112 OF SW1/4 OF NE1 /4 TH W TO PT OF INTER OF EL OF CO RD 1404 EXTD N TH N ON EXTD LN TO NL OF SPO VALLEY IRR DIST CANAL RNJ TH NWLY ALG SD CANAL R V4 TO NL TH E TO NE COR TH S TO POB EXC SPO VALLEY IRR CANAL RNV City Portion - Mansfield Ave. (3 -lane Section) Subtotals WSDOT Portion TOTAL Exhibit 'B' Pines /Mansfield Cost Estimate PE ROW Construction Totals Preliminary Engineering 575,622 Soils Investigation 515,000 Right-of-way $600,000 Project Signing $2,000 Contingencies - 10% $75,622 Construction Engineering - 10% $75,622 Construction - 10% $756,220 EnvironmentaUMisc. Eng $16,393 5107,015 5600,000 5909,464 51,616,479 Design Engineering 5200,000 Right- of-way (Euclid) 525,000 ROW - Pines 5100,000 Construction 51,570,464 • Contingencies 565,745 Sales Tax - 8.1% 5123,158 Construction Engineering i6% 5262,979 Subtotals 5200,000 5125,000 $ 2,022,346.00 52,347.346 $307,015 $725,000 52,931,810 53,963,825 Added $50,0D0 per revised estimate from WSDOT for additional flagging required at RR crossing. TIB $ 2,193,561 55% Developers $ 499,795 13% City $ 55,000 1% WSDOT $ 55,000 1% C mAo $ 1,160,500 29% Total $ 3,963,856 100% CITY POKANE F:E. ?. 2005 3:(0M lTf � ��:tKANt ';fii L F v NO. MTTIG .TION AGREEMENT SR 27 (PINES ROAD) / 1eLANSPT.ELD ROAD CONSTRUCTION PROJECT This ivlitigatioa Agreement ( "Agreement ") is entered into by and between Northwood Properties ("Developer"), a Wahirigwn Corpo:adon, having offices for the transaction of bvsiness ai 9616 E. Montgomery Ave., Spokane, Washington 99206, and the City of Spokane Walley (" City a political subdivision of the State of Washington, hereinafter jointly referred to as "Parties ": RECITALS 1. The City, in cooperation with Spokane County and the Washington Sate Deparnnent of Transportation, is planning to design and construct improvements to the SR 27 (Pines Road) and Mansfield Road corridor with Transportation Partnership P (TPP) grant funds from the Transportation Improvement Board (TM) and Congestion Management/Air Quality (CMAQ) grant fiords from the Spolmne Regional Transportation Council (SRTC). The name of the project is the Pines/Mansfield Corridor Con,gestien Relief Project ( "Project') and the purpose of this project is to alleviate existing and future traffic congestion in this area. The Project will reconfigure the WB ramps of 1 -90 at SR -27 (Pines Rd.), using the existing slip ramps to Indiana Ave. and Montgomery Ave, WB off-ramp (ramie will use the slip ra=mp to a signalized interseCion at Indiana Ave. WB on - ramp traffic will use the- slip ramp at Montgomery Ave. To improve operation of the WEI on -rarap wad ensure safety, the portion of Montgomery Ave. between Pines Rd. and the slip ramp will be one - way, westbound only. Therefore, to provide access to Pins Rd. for the properties west of Pines Rd., Mans field Ave. will be improved, with a urge signal at the intersection of' Mansfield Ave. & Pines Rot Curb, gutter, sidewalks and bike lanes will also be constructed. In addition, a signal will be inetnlled at the Mirabeau Pkwy & Pines Rd. intersection to bring this intersection up to fin acceptable level of service. 2. The Developer is the owner/developer of certain real pxolety geuer'ally located within the SR 27 (Pink Road) and = visnsfield Road corridor north of Interstate 90 legally . described in Exhibit 'A' ( "Property'). 3. The Developer is developing tbe Property for residential and/or commercial uses (the "Development ") which will increase traffic congestion and directly impact existing transportation infrastructure along the Pities /Mansfield corridor from and including the on- and off- ramps at 1 -90. Mitigation of these impacts will be required as part of the development of said property. 4. The Parties are desirous of entering into an Agreement which provides for the payment of a proportionate share of the Project in consideration for the allocation of a specified number of P.M. Peak Hour trips and mitigation of traffic impacts associated with the Development. ?.d WdLL : i?t £00? £0 'un f 'ON X1JJ . 1.40c1_ ftii. 7.Ni15 3:04M CITY SPOKANE `:'Ai;.EY Northwood Propene ._,, ,tigari Agreement p 2 of 6 Pin esft an5Seld Read Cone*.tuctlen Ptejecr 5. The Developer rccogrizes the need to improve the traffic congestion in the Pines /Mansfield corridor and has agrnod to financially participate in the Project by contributing a pro -rata share of the required local matching funds. The Developer's pro- rata share is based on the total minter of trips preciously estimated for the. Development. 6. Purnt to RCW 43.21C.060, and RCW 82.02.020, the City has the authority to allow a paym.ent to mitigate a direct impact that rag been identified as a consequence cf a proposed development The City (1) has identified future road projects necessitated by planned development in extent► areas of the City; and (2) has ideentif'ted a rzcsan•able relationship between impacts generated by the Development to the transportation system and the financial contribution toward those impacts. 7. To mitigate the direct impacts of the Development upon existing transportation facilities, the Pastas are volunt=arily entering into this Agreement pursu1.t to RCW 82.02.020. 8. It is intended tbat this Agreement provide funds in order to mitigate the direct traffic - related impacts of'the Development upon the environment which have been identified through the SEPA review process and doctmnentod in the City Filo No. REZ 06 - 04. 1 I I AGREEMENT NOW. THEREFORE, in consideration of the mutual covenants and conditions hereafter set forth. the Developer and the City hereto agrx as follows: Voluntary Agreement. This Agreement, including all attached documents, is a voluntary agreement as that term is used in RCW 82.02.020. The mitigation fees charged herein aro proportional to the traffic-related impacts generated by the Development. The parties ackuowle. ige that the capital project is reasonably nece3sery to mitigate the direct trade impact of the Development In the event this mitigation went is determined by a court to be cull and void the City shall reftmd the unexpended portion of mitigation fees. Following a termination of this agreement the Developer shall, as reasonably required, mitigate the direct traffic impacts of the Development through the. Sate Environmental Policy Act. 2. Pref Funds. The Project is txting funded from several sources including, the Washington State Department of Transportation ( WSDOT), the T135, the SRTC, the City, and private developers. Funds from WSDOT, 11B, SRTC and the City have bean obligated. Sea "Exhibit B ". 3. Mitieatfiou Fee. The Developer shall pay 51,821, ($303.46 per P.M. Peak Hour trip), which has been determined to bo the Developer's contribution to the Project for mitigation of future traffic impacts related to the Development. This traffic mitigation fee shall be expeladcd towards the design, right-of-way acquisition. and construction of the Project 1. PAPAW ntArCirtr+t vylu...+ura . a° ..,.... -Neu rasa kinzaurS AtIFEENOtT Neeftwavi Procr6a cot £d WdL£:ZT £00Z CO .unf '0N X1:33 : 4.1082 NU. I r. vy rte. t. 1UU7 s: Uarrr: L1 1Y ;.I'U ANt. YF. "ti�Y Northwood Propene( '`rigaiio r e eat pp.� 3 of 6 Pines/Mat sfleld 1Zoai:• <;<' ast�uction project = 4. Pair meat To begin the design of Project, the Developea agrees to pay all, or at least 20% of its mitxption fee no later than February 25, 2005. A letter of credit, savings assigemcnt, set-aside letter, or other appropriate mechanism that given the City a unilateral right to access the funds pursuant to this egoezneA.t from a firoricial institution shall also be provided to the City Leo later than February 25, 20(15 for the remaining 80% of the Developer's mitigation fee. The remaining 80% of the Developer's mitigation 'Feb shall be collected by the City no later than 90 -days prior to the Project bid date for construction. The City aili notify the Developer of the Project bid date when it is detc.iraed. All fees paid by the Developer shall be used as a portion of file local match required for tb.e TIB and SRTC tents related to the design, right -of -way acquisition, and construction of the Project. 5. Site Development. Building permits will be issued for the Development when. I) this agreement has been executed by the Develop= and the City, and 2) the Developer's mitigation fees have be u paid in accordance with Section 4 above, and 3) all other conditions of approval of the De.veioprnent required by state and local laws are satisfied. Eeecution of this agreement releases the Developer from the recteirernent of cow frontage impravem=rts an the Property, provided said frontage im.provmecnts etc included in the Project If frontage improvements are not included in the Projoct, the Develop= is responsible for constricting frontage improvements in addition to paying the mitigtiori fees. 6, (� chance witl E $2jOZ•02 . Payment collected by the City will be held in a mitigation fee reserve account and may only be expended to fiznd the d gn, right -of- way acquisition, and construction of the Project_ Payments shall be expended within five years of collection. The City shall be entitled to reimbursement from the mitigation fee reserve account for any funds it may expend for the deeign, right -of- way acquisition, rind construction of the Project prior to the collection of the fee. Any funds in the mitigation fee reserrve account not expended within five years shall be refunded by the City with interest as provided in RCW 82.02.020. 7. C2alselL E _ Peak Hour Tri s. The City agrees to reserve within the Project up to a total of 6 P.M. Peak Hour trips for the Property until the Development is complete provided such reservation complies with all federal, state and local laws at the time application for a building permit is made. "Complete" is defined as having received all governmental permits and approvals necessary to construct and permanently occupy the Development if the total number of P.1vt. Peak Hour trips for the Development exceeds the total number of reserved trips noted above, a new traffic study shall be provided to determine if addiitioua1 traffic mitigation is required. 8. Concurrency: In accordance with the City's adopted concurrency standards pursuant to RCW 36.70A, the P.M_ Peek. Hour trips mitigated herein shell be considered to have satisfied concurrcncy for the Project from the Development as provided in paragraph 7_ Any remaining capacity shall be available to the general public. P24.1kftft.a.eZiPtd=n1041141:004L1411609 AS' ' A5. s %) XnG nON naMtlE4Tttron .ma ntzutist- s t'd Ud8£:ZZ £0eg £0 'unr . ON Xed : W082 Northwood eat ilnesilviamsfleld ftoau p s^ooa Projea ?age 4 of 6 9. Tones: All omitulunioarions, notices or damands of any kind which a ply waft- this Age-anent is roin.tirod or desires to ,r,Ye to =or other parr, shall be in writing ond be ewer 0) delivered paraanally, (2) seat by facsimile tram rriission with an addii i nal copy mailed fis1 daa3, or (3) deposited in the U.S. mail. crL..-xtifaDa mail postage piepaid, retrun receipt requested and addressed as follows: If to tic city: City of Spokane Valley 11707 E. Sprague Axe -, Suite 106 Spokane Valley, WA 99206 tax: (509) 921 -100g At= i [ Manager if to the Developer Ted Gunning Northwood Properties 9616 E. Montgamary Avtnue Spokane, WA 99206 i At 10, Sii specs. This Agrcczaeat sbarl be binding oa d inure in the bencfi: of the suc[ts5er5 a the as signs Of the Parties. 11. ryjasThigladaZ. This ikgreemat aha11 be consiroed in accordance with the laws of the State of Washington. Any action for cnforceia1cnt of this A.inut s} Ll be bronlat la a mart of cotr.petem jurisdiction in Spokane Ccunry, Washington oil as othert. prodded by statute. 12. aigataqium. No modification or zuzieriiimeac of this dement shall be valid tmti1 the sate roc ked to writing 3.nd executr:d with the same formalities as the pre A,,reasaent. 13. Waiver. No o f cer, employee, agent or otla ise of the City has the power, right or =hoe?) 'ty to wawa ny of the conditioxis or provisiow to this Agreement No waiver or any rgisC L of tbis Agreament ill be held to be a waiver of any other or subaaquex t breach. 14.1 ranf tion. This Agreement forrug a idly integrated agreement between the Parties. No ether cnderstandings, eTal or otherwise:, regarding the subject matter of tbis A e it shall lx dr+cmed to exist or to in any a #be parties b creto. This agreement shall mke/Athe m t i on requirevuwnts for direct trafac-xelatod impacts of the Drveloprn nt within the Po3j ect Emits describiM in the Project desra in ectifln 1 ot; the Recitils and ZS identified and do ataicnted in ths City File(A) referenced in Sermon E alto Recitils. This agreement shall not sups; rseds. any other cont dons of approval not directly related to tr c,relaxed impac# afth the Development within the Project ]imic F;yp, ;, ssr�ksr a rm 9 1:13 " °7°t s3ATION,tc .EMI Ar A Sd L EE:ET £1 DZOF £F ' urrr I II r, J.' '❑0X xEA = WEIN FEB. 7. 2W5 33:06FPl ,OKA E VAL►_Y Northwood Prop crtic = `siigation Ageennerat Pines/Mansfield Road Coosa-nation Project yeah w:.t1 1 ;tW T k1I 7 batnu=r rtisstza t ywgmtea.lguina r tiewi 1SAfl N AGT(U..YaNT Two Rnnsfimits NO. 717 P. 6/9 9d Wd62:zT 2002 29 'unr Page 5of6 All Parties havo read a understand all of to Age :meat, and now state that no representation, promise or agrcmnent not expmssed in the Agrerxoent has been made to induce any Party to execute the same. 15. Anthoy. Both Parties to this Aareemwat represent and certify that they have full authority and poever enter into and carry out this Agreen2erlt The persons signing this Agreement represent that they have authority to act for and birth their respective principals. ON XHd : Wald FEB. 7. 2005 3:05PM ( .�_' SPOKASIE VALLEY Northwood Properti ..; :• °.'itigs.tion Agreomcnt Pinas/Menstisld Road Conr.fsuotiom P gject Page 6 of 6 IN' WJTNESS WHEREOF, the Pasties have executed this Aement thisy of sa , 2005. DEVELOPER: Northwood Pro By: STATE OF wASF 1NGTON Ld ' Wd61= : Z T 2002 20 "Alf X10. 717 ?. 7/9 'ON xdA : wo'3. 1 45103.0245 /Y // 103.0205 451032 '6 45103.0208 .45103.0203 SW1 /4 10- 25-44 ASSESSORS PLAT #6 PTN OF TRTS 8,9, &10 N OF SI RR ROW 45103.0204 SW1 /4 10 -25-44 HOUSE ONLY ON ASSESSOR'S PLAT #6 TRTS 8,9, &10 LYG N OF SPO, CDALENE & PALOUSE RR ROW 45103.0205 ASSESSORS PL 6 B4 -5 45103.0206 ASSESSORS PL 6 B6 45103.0208 ASSESSORS PL 6 W1/2 B7 Exhibit "A" 410 45103.0244 ASSESSOR PL 6 PTN E1/2 OF TR 7 DAF; BEG AT SW COR TH E150F T TH N240FT TH W150Ff TH - S240FT 45103.0245 ASSESSORS PL 6 E1/2 OF TR 7 EXC PTN OF SW1 /4 DAF; BEG A T SW COR TH E150FT TH N240Ff TH W150FT TH S240FT City Portion - Mansfield Ave. (3 -lane Section) WSDOT Portion TOTAL Exhibit 'B' Pines!Mansfield Cost Estimate TIB $ 2,193,561 55% Developers $ 499,795 13% City $ 55,000 1% WSDOT $ 55,000 190 CMAQ $ 1,160,500 29% Total $ 3,963,856 100% PE ROW Construction Totals Preliminary Engineering $75,622 Sol s Investigation $15,000 Right-of-way 5600,000 Project Signing 52,000 Contingencies - 10% 575,622 Construction Engineering - 10% 575,622 Construction - 10% $756,220 Env ronmentaUMisc. Eng 516,393 Subtotals ' $107,015 5600,000 5909,464 51,615,479 Design Engineering 5200,000 Right- of-way (Euclid) 525,000 ROW - Pines $100,000 Constru 51,570,464 Contingencies $65,745 Sales Tax - 8.1% 5123,153 Construction Engineering 16% 5262,979 Subtotals 5200,000 $125,0D0 $ 2,022,346.00 52,347.346 5307,015 5725,000 52,931,810 53,963,825 • ivided $50,000 per revised estimate from WSDOT for additional flagging required at RR crossing. t 02 -08 -' 05 15:46 FROM-S °=' -.nE`dELOPt1ENT - 509-838-0933 T -057 P002/ 0W/ MITIGATION AGREEMENT SR 27 (PINES ROAD) / MANSFIELD ROAD CONSTRUCTION PROJECT This Mitigation Agreement ( "Agreement ") is entered into by and between Qualchan Investments Spokane, Inc. ("Developer"), a Washington Corporation, having offices for the transaction of business at 104 South Division, Spokane, Washington 99202, and the City of Spokane Valley ( "City"), a political subdivision of the State of Washington, hereinafter jointly referred to as "Parties ": RECITALS 1. The City, in cooperation with Spokane County and the Washington State Department of Transportation, is planning to design and construct improvements to the SR 27 (Pines Road) and Mansfield Road corridor with Transportation Partnership Program (TPP) grant funds from the Transportation Improvement Board (TIB) and Congestion Management/Air Quality (CMAQ) grant funds from the Spokane Regional Transportation. Council (SRTC). The name of the project is the Pines/Mansfield Corridor Congestion Relief Project ( "Project ") and the purpose of this project is to alleviate existing and future traffic congestion in this area. The Project will reconfigure the WI3 ramps of 1 -90 at SR -27 (Pines Rd.), using the existing slip ramps to Indiana Ave. and Montgomery Ave. WB off -ramp traffic will use the slip ramp to a signalized intersection at Indiana Ave. WB on -ramp traffic will use the slip ramp at Montgomery Ave. To improve operation of the WB on -ramp and ensure safety, the portion of Montgomery Ave. between Pines Rd. and the slip ramp will be one- way, westbound only. Therefore, to provide access to Pines Rd. for the properties west of Pines Rd., Mansfield Ave. will be improved, with a traffic signal at the intersection of Mansfield Ave. & Pines Rd. Curb, gutter, sidewalks and bike lanes will also be constructed. In addition, a signal will be installed at the Mirabeau Pkwy & Pines Rd. intersection to bring this intersection up to an acceptable level of service. 2. The Developer is the owner /developer of certain real property generally located within the SR 27 (Pines Road) and Mansfield Road corridor north of Interstate 90 legally described in Exhibit "A" ( "Property "). 3. The Developer is developing the Property for residential and/or commercial uses (the "Development ") which will increaseiraffic congestion and directly impact existing transportation infrastructure along the Pines/Mansfield corridor from and including the on- and off -ramps at I -90. Mitigation of these impacts will be required as part of the development of said property. 4. The Parties are desirous of entering into an Agreement which provides for the payment of a proportionate share of the Project in consideration for the allocation of a specified number of P.M. Peak Hour trips and mitigation of traffic impacts associated with the Development. 02 -08 -' 05 15:46 FROM -SF '' 7 ,EV'ELOPI ENT 509 -838 -0933 Qualchan Investments Spokane, Inc., Mitigation Agreement Pines/Mansfield Road Construction Project T - 057 P003/1314/ r -'CC Page 2 of 6 5. The Developer recognizes the need to improve the traffic congestion in the Pines/Mansfield condor and has agreed to financially participate in the Project by contributing a pro -rata share of the required local matching funds. The Developer's pro - rata share is based on the total number of trips previously estimated for the Development. 6. Pursuant to RCW 43.21C.060, and RCW 82.02.020, the City has the authority to allow a payment to mitigate a direct impact that has been identified as a consequence of a proposed development. The City (1) has identified future road projects necessitated by planned development in certain areas of the City; and (2) has identified a reasonable relationship between impacts generated by the Development to the transportation system and the financial contribution toward those impacts. 7. To mitigate the direct impacts of the Development upon existing transportation facilities, the Parties are voluntarily entering into this Agreement pursuant to RCW 82.02.020. 8. It is intended that this Agreement provide funds in order to mitigate the direct traffic- related impacts of the trips resulting from the Development. P:S' iiic Work:W p1W Prof +AtVinea,Manlrietel■tiplioa A roanemst1i+iet1Wn A Aervammul.MITTGATION AGREEMET:TS (tulttuaFint ebc 02 -68 -' 05 15:46 EROP} -SF 7.:VELOPMEldT 569 -838 - 4933 Qualchan Investments Spokane, Inc., Mitigation Agreement Page 3 of 6 Pines/Mansfield Road Construction Project AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants and conditions hereafter set forth, the Developer and the City hereto agree as follows: L 'Voluntary Agreement. This Agreement, including all attached documents, is a voluntary agreement as that term is used in RCW 82.02.020. The mitigation fees charged herein are proportional to the traffic- related impacts generated by the Development. The parties acknowledge that the capital project is reasonably necessary to mitigate the direct traffic impact of the Development. In the event this mitigation agreement is determined by a court to be invalid, the City shall refund the unexpended portion of mitigation fees. Following a termination of this agreement the Developer shall, as reasonably required, mitigate the direct traffic impacts of the Development through the State Environmental Policy Act. 2. Project Funds. The Project is being funded from several sources including, the Washington State Department of Transportation (WSDOT), the TIB, the SRTC, the City, and private developers. Funds from.WSDOT, TIB, SRTC and the City have been obligated. See "Exhibit B ". 3. Mitigation Fee. The Developer shall pay $54,926, ($303.46 per P.M. Peak 1-lour trip), which has been determined to be the Developer's contribution to the Project for mitigation of future traffic impacts related to the Development. This traffic mitigation fee shall be expended towards the design, right -of -way acquisition, and construction of the Project. 4. Payment The parties understand at this time the Developer does not have a definitive project. The Developer agrees to pay the mitigation fee prior to the City's issuance of a building a building permit for development of the Property or three years from the date the parties execute this Agreement, whichever comes first. A letter'of credit, savings assignment or set -aside letter, or other appropriate mechanism that gives the City a unilateral right to access the funds pursuant to this agreement from a financial institution shall be provided to the City no later than February 25, 2005. All fees paid by the Developer shall be used as reimbursement to the City for the local match required for the TIB and SRTC grants related to the design, right - of- way acquisition, and construction of the Project. 5. Site Development. Building permits will be issued for the Development when 1) this agreement has been executed by the Developer and the City, and 2) the Developer's mitigation fees have been paid in accordance with Section 4 above, and 3) all other conditions of approval of the Development required by state and local laws are satisfied. Execution of this agreement releases the Developer from the requirement of constructing frontage improvements on the Property, provided said frontage improvements are included in the Project. If frontage improvements are not included PVIIMID Worts ".0 p6141 P,0 j:ci?iP6nes. 1on:fiddNili,lkn A6racuziatl eioa Agrtemrmernikg1iGAT1ON AGREEMENTS Qs:khan-Fin:16oz T -657 ; t%4 / ow/ r-LLL 02 -08 -' 05 15:47 FROM-S -7,EVEIAPMEtdf 509- 838 - 0933 Qualchan Investments Spokane, Inc., Mitigation Agreement Pines/Mansfield Road Construction Project T -057 P005/007 Page 4 of6 in the Project, the Developer is responsible for constructing frontage improvements in addition to paying the mitigation fees. 6. Compliance with RCW 82.02.020. Payment collected by the City will be held in a mitigation fee reserve account and may only be expended to fund the design, right-of- way acquisition, and construction of the Project. Payments shall be expended within five years of collection. The City shall be entitled to reimbursement from the mitigation fee reserve account for any funds it may expend for the design, right -of- way acquisition, and construction of the Project prior to the collection of the fee. Any funds in the mitigation fee reserve account not expended within five years shall be refunded by the City with interest as provided in RCW 82.02.020. 7. Committed P.M. Peak Dour Trips. The City agrees to reserve up to a total of 181 P.M. Peak Hour trips for the Property until the Development is complete, provided such reservation complies with all federal, state and local laws at the time application for a building permit is made. "Complete" is defined as having received all governmental permits and approvals necessary to construct and permanently occupy the Development. If the total number of P.M. Peak Hour trips for the Development exceeds the total number of reserved trips noted above, a new traffic study shall be provided to determine if additional traffic mitigation is required. 8. Concurrence: In accordance with the City's adopted concurrency standards pursuant to RCW 36.70A, the P.M. Peak Hour trips mitigated herein shall be considered to have satisfied concurrency from the Development as provided in paragraph 7. Any remaining capacity shall be available to the general public. 9. Novice: All communications, notices or demands of any kind which a party under this Agreement is required or desires to give to any other party shall be in writing and be either (1) delivered personally, (2) sent by facsimile transmission with an additional copy mailed first class, or (3) deposited in the U.S. mail, certified mail postage prepaid, return receipt requested and addressed as follows: If to the City: City of Spokane Valley 1170713. Sprague Ave., Suite 106 Spokane Valley, WA 99206 Fax: (509) 921 -1008 Attn: City Manager If to the Developer: Bryan Stone Qualchan Investments Spokane, Inc. 104 S. Division St. Spokane, WA 99202 P, WoAcs\Capinll Projects.Pinu-.wr iicldWi i a1loo Nyeemeaut..iij arien ^ 4i M! tOATION AOP.EENMNTS QttticAort•Fn3l.doe 02- 08 -'05 15:47 FROM- S7pEVEL0PMENT 5139- 838 -0933 t Qualchan Investments spolcane, Inc., Mitigation Agreement PineseMansfiield Road Construction Project 10. Successors. This Agreement shall be binding on and inure to the benefit of the successors and the assigns of the Parties. 11. Governing Law. This Agreement shall be construed in accordance with the laws of the State of Washington. Any action for enforcement of this Agreement shall be brought in a court of competent jurisdiction in Spokane County, Washington or as otherwise provided by statute. 12. Modifications. No modification or amendment of this Agreement shall be valid until the same is reduced to writing and executed with the same formalities as the present Agreement. 13. Waiver. No officer, employee, agent or otherwise of the City has the power, right or authority to waive any of the conditions or provisions to this Agreement. No waiver or any breach of this Agreement shall be held to be a waiver of any other or subsequent breach. 14. Representation. This Agreement forms a fully integrated agreement between the Parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the Parties hereto. This agreement shall meet the mitigation requirements for direct traffic - related impacts of the Development within the Project limits as described in the Project description in Section 1 of the Recitals and as identified and documented in the City File(s) referenced in Section 8 of the Recitals. This agreement shall not supersede any other conditions of approval not directly related to traffic - related impacts of the Development within the Project limits. All Parties have read and understand all of the Agreement, and now state that no representation, promise or agreement not expressed in the Agreement has been made to induce any Party to execute the same. 15. Authority. Both Parties to this Agreement represent and certify that they have full authority and power to enter into and carry out this Agreement. The persons signing this Agreement represent that they have authority to act for and bind their respective principals. P5Public Worsi•Cafima Frcicciairo-MansticIAMIlizallon AFJccmcnttAMiigatioo AyouncidAMITtOATION AGREEMENTS Uwlcha ..F1nAl.do T -1357 Ybmb/ W1 e - 444 Page 5 of 6 02 -08 - 45 15:47 F13011- S9 0_- ?JEVELOPMEI T 509- 838 -0933 Qualchan Investments '6pdkane, Inc., Mitigation Agreement Pines /Mansfield Road Construction Project IN WITNESS WHEREOF, the Parties have executed this Agreement this / day of , 2005. DEVELOPER: QUALCI-TAN INVESTMENTS SPOKANE, INC. John Stone, President STATE OF WASHINGTON County of Spokane David Mercier, City Manager ) ss. Its: P,- % ' T -057 P007/007 F -'L'CZ Page 6 of 6 On this day of _ ��/ 6 r 2005 before rne, the undersigned, a Notary Public in and for the State of Wkshington, duly commissioned and sworn, personally appeared )'t.h . '17Jn to me known to be the Pr id(n of YI)Ma) c /►a;-, Inver 1/74 _cp *(v e 11,71f.., the corporation that executed the foregoing instrument, and acknowledged the instrument to be the free and voluntary act and deed of the corporation, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the instrument. WITNESS. riy,hand and official seal hereto affixed the day and year in this certificate above written. . ; ��% %�� 0"'" '''',, �� f4 LItL hand for the State of w` +QTA,Q q Washington, residing at �,�'Irf�ir/4 i S t • . Co �`� • . My commission expires: - 2y - D d' s % , , p A � e1 � c - ,� A C. R. MI /IPv Printed Name l it , � WA`3H� � ��� CITY OF S POIL N VALLEY: ATTEST: APPROVED AS TO FORM: Chris Bainbridge, City Clerk Cary Driskell, Deputy City Attorney P.ARIViio WoefaiCa i:J P+a'ecI Pine:.M ncfie631∎tiiigs!iea AVczcewaliiitMion Aactancrot\MMOAT1Og &CP2PMENTS Qunleh=•FinaL4oe 45102.9011 10-25-44 S26 2/3RODS OF W60RODS OF NW1 /4 OF NW1 /4 & N13 1 /3RODS OF W6ORODS OF SW1 /4 OF NW1 /4 EXC CO RDS WSDOT Portion TOTAL Exhibit 'o Pines/Mansfield Cost Estimate PE ROW Construction Totals City Portion - Mansfield Ave. (3 -lane Section) Preliminary Engineering $75,622 Soft Investigation $15,000 Right-of-way $500,000 Project Signing £2,030 Continganc_s - 10% $75,522 Construction Engineerar3 - 10% $75,022 Construction - 1O% $75$,220 Environmental/Misc. Enq $16,393 Subtotals $107,015 $500,007 $903,454 $1,513,479 Design Engineering $20D,OD0 Right - of-way (Euclid) $25,DOD ROW - Pines $10D, ODD Constructio n $1,570,454 ` Contingencies $55,745 Saks Tax - 3.1% $123,153 Constructon Engineering 16% $262,979 Subtotals $200,00D $125,000 $ 2,022,340 00 52.347.346 Added S$D,D'DO per revised estima. from WSDOT for additional ffaggig required at RR grossing. TIB $ 2,193,561 55% Developers $ 499,795 13% City $ 55,0DD 1% WSDOT $ 55,000 1% CMAO $ 1,160,500 29% Total $ 3,453,855 100% $307,015 $725,000 52,931,810 $3,963,825