5693894 - Mitigation Agreement: Lowes & Kohls
' e 07/03/2088 10:54:54 AM 5693894
• . Reaordln9 : ee $46.00 Paga 1 ot 7
Rgrocment GOYER?hMLNT, C4iY OF S.POiCGPJE VALLEY
Spckane County Washington
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After Recording; return dacurnent to
CifyoFSpnkcine Vzilley
Attn: City Clerk
] 1707 E Sprague Avenue Ste 106
Spokane Valley, WA 99206
VOLUN`l'A.KY Nl:l.'1'IC:A7'lON AC.:IZ.EEMF'i`'I'
Luwe's c.C Kuht's Retuil Center
B5P-U1-07
7'his Mitigation Agreement ("Agreement") is entered into by and behveen I31ack r,nierprises I.,P
("Developer"), a Washingnon Limited Liability Company, and the City of Spokane Valley (`City"), a
pqlitica) subdivision oftMe Statc of VJashington, hercinafter jointly referred to a s"Parties,"
RECiTALS
l. This agreement is entered into by the Parties pursuant to RCW 82A2.020 to cnitigate fi dirc;ct impact
identified as a consequence of the development of the property.
2. 7'he Ueveloper is die owner/develqper of certain real property, parcel 45135.9091, of approximately
22.7 acres and gen -erally lacated norlh of ancl adjai.ent ta Broadway nvenue; and is situated in $ection
13, Township 25 North, ltange 4=1 E. WM, in Spokane County, Washington. Said property is rnore
speciYic.ally described in rxhibit A attacMed hereio ancl by t:his rcfcrcncc incorporated herein.
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3. The Developcr has reeeived approval of the Bindinc, Sitc Plan identiGeci as BST'-01-07, a
wmmercial deveiopment which will create fiime (3) commercial lots. Trafflc mitigatibn has been
required as part of the approval process for die final plat with the followi►ig conclition of approval:
l. 'fhe cleveloper is to contribule (5147,500) of the cost for the design and instsllation of
the SpragucJConklin signyl. Thc developer may opt to cornplete the signal design ancl
reduce their eontribution by the cocisultant's design fec. This option would bc subjeci to
the following reyuirements:
a. The reductian for the dcsign fce may not exceed S40,000.
b. The develuper's consultant will prepare Mid-ready plans, specifications and
engineer's estimate to City specifications. Thc City st9ff will providc revicws at
bp% and 90% cornpletion of the plans.
c. N"inal plxns, specificHtioos, 2iod estimate are to be completed by Auguct 31, 2007.
4. The Parties are desirous of entering intn an Af.Treement; which provicles for the payment af a
proportionate share of impravernents deemed necessary at the intersection of Sprague Ave. and Conklin
Road; which are a direct result of traffic impacts associated with the Iacvclonrnent.
5. The Developer's contributinn to the crafTc sibmal shall bc $147,500, rninus up to $40,000 offset
for the design for the traffic sigmal. The City est.imates t}ic cost of the traffic signal at $250,000.
AGRE_EMENT
\OW, THERT'FpRC', in consideration of the mutual covenants and conditions hereaf'ter s€t rort:h,
the 17eveloper and the City hereto a,,;-ee as full~ows:
1. Voluntarv Aereement. This t\*reement, including all attached documents, is a voluntary
agrccmcnt as that term is used in RCVV 82.02.020. "1"he eontribution offered is proportiional to the
traffic related impacts generated by the Development. The pariies acknowledge that the project is
reasonably nceessary to mitiDate the direct traffic impact of the Uevelopment. ]n the event this
mitigation ageement is breached by the Developer, all of the City's ohligations under this agreernent
shall terminate. In the event chis mitigation agreemcnt is determined by a court to be invalid; the City
shall refund the unexpended portion of the conU-ibution; and the Gity's obligatinns under this agreement
shall terniinate.
2. Projee/. The project shall consist oF the desigm and installation nf a trafiic sigr~al at the
intersection of Sprague Avenue and Conklin Road. The mitigation fee is based upon the cost of the
traffic sibnal.
3. Contrihutic►n. 'I'he L7eveloper shall pay $147,500, (minus up co $40,000 offiset fbr the desigri for
the traffic signal) which has bccn detennined to be the 17eveloper's prnportionate contribution to the
F'roject for mitigatinn of future traff-ic impacts relatecl to the Devclopment. This traffic mitigation fee
shall he used for the design andlor c4nstruction of the improvements to this intersection.
4. Pavmenl The Ue.veloper agrees to pay all of the above identifeci mitigation fce no later than
thirty (30) days after the projec;t bit3 clace for eonstruetion. Tlte City will notify the laeveloper in writing
of the Project bid tfate when i1 is determined. if papment is not timely received; the City may
immediately access the furids sccurecl by the letter of credit described below. A letter of credit, which
?ives the City a unilateral right to access the funds pursuitnt to this agreerncnt fram a finaneial
institution; shall be provided to the City upon execut.ion of this agreement and nrior to acceptance of
this agreement by the City.
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5. Comaliance with RCW 82.02.020. Payment collected by the City will be held in a rniiigation
fee reserve account and may only be expended to fund the dcsign, right-of-way acquisit.ion, and
construction of the Projeet. Payments shall be expendccl wi[hin five (5) years of colleetion. The Ciry
shall be entitled to rcirnbursement from the mitigation fcc reserve account for any funds it may expend
for the design, right-of-way acyuisition, and construction of the Project prior to the collection of the fee.
Any funds in the mitigation fee resen,e account not expended within five (S) ye<srs shal) be refundcd by
the City with intcresl as provided in IZCW 82.02.020.
6. Noticc: All comrnuniaations, notices or demands of any kind which a party under this
Agreement is requirecf or desires to give to any other party shi►II be in writinp and be either (l) delivercd
personally; (2) scnt hy facsimile transmission with an additional copy mailed first class, or (3) deposited
in the U.S. mail, certified rtiail pqstage prepaid, return receipt requested and acldressed as follows:
if to the Cicy: City of Spokanc VaIley
11707 E. Sprague Ave.., Suite 106
Spokane Valley, WA 99206
Fax: (509)921-1008
AtUi: City Manager
lf to the neveloper: Blaek Ente.rprises I,P
107 S Howard Street; Suite SQQ
Spokane, WA 99201
7. Suceessors. 'I`his Agreement shall be binding nn and inure to the bencfit of the successors and
the assigns of the Parl:ies.
8. Governing Law. This Agreement shall be construed in accordance with the laws of the State of
Washin3ton. Any action f'or enforcemene of this Agreement shall be brought in a c;flurt of competent
jurisdiction in Spokane County; Washington or as ottienvise provided b_y statute.
9. 'Modifiuations. No modification or amendment of this f'1Lreement shall be valid until the same is
reducccl to writing and executed with t.he same formalities as the present Agreement.
10. N'aiver. No officer, etnployee, agent or otherwise of die City has the power, right or authority to
' waive any af the conditions or provisions to this A,reement. No tivaiver or any breach of tllis
AL-Teement shall be hcld to be a waiver of any other or subsequent breach.
11. Renresentation. This Agreement forms a fullv integrated agreement benveen the Parties. No
nUler understanclings, oral or othenvise; regarding the subject matter of this rlgreement shall be deemed
to exist or to bind any of the Parties heroto. All Narties have read and undcrstanc1 all of the Agreerttent,
and now state thst no rcpresentacion, promise or agreetncnt not expressetl in the Agrcernent has been
made to inducc any Party to execute the same.
12. Authoritv. Both Parties lo this ngreement represent and certify that Chey have full authority and
power to cr►ter intn and carry out this A~recment. The persons signing this Aarcement represent tl~at
they have autharity to act for ancl bind their respe.ctive principals.
9
IN VlrlTNEss WHEREor, the Parties have executed diis Agreement this day of C4~c~
2oos.
DFVFLQFF.R:
~a,4-14
By:
N am e:
S°1'A'1"E dl" WASi-iWC'CUN )
County of Spokane )
On chis )I day of ~ 2008 before rne, the undersigned, a Notar}'
Public in and for the State of W hington; duly commissioned ancl sNvnrn, personally appeared
~q~ aL to rne I:nown to bc thc ~~f
~4AtJ1f flie parmership that executed tfie foregoing instniment,
v~d acknowledged dtie instrument to be the free ~ind voluntary act and cleed of thc partnership, for the uses
and purposes therein mentioned, and on cxitli stated diat he is audiorized to execute the instru.ment.
WITNESS my hand and official scal hereto affixcci dic day and year in this certificate above written.
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NOTA.RY ~U13 ~Iin and 1'or the Statc ctf ~ashington, residing at
My commi~ion expires:
Printed Nanie
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Cl`IY OF SPUtit1NE VALI.Fl': AI'1'EST•
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Taavid v9erc'E , City Manager l,rist-ine e Rainbricl~,e, City Clerk' ~
APPR.OVED AS "I'O FUIZM:
,
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n~ of the b txttomey
. . EXM1'I' A
Parccl A
T'hat par►ion of the Soutti Half of the North Hal£ pf Section 13, Tovvnship 25, R.anRe 44
East W.M., in the City of Spakane Valley, Spokane Cauncy, Washi.ngton, l}Ting Southerly
o f. the Southerly li.ne of Pri.mary State Iligliway No. 2, descrihed as folloNvs:
13cginuuug at a point 20 feei NArth and 20 feEt East of the Wcst Quarter cArner of said
Sectionl3, running thence South $9'5 1' East, along the North line of Broadway Avenue,
1;576.46 feet to the True Poini ofl3ej .nn,ing of the tract AFlancl herzin described; dience
North 0'07" East, 1,306.99 feet to the North li.ne of the South IIalf of the 'NTOrth Half af
Said Sectionl3; thence South 89'57' East, 1;038.72 fect; thcnce South 0' 14' West,
1,308.73 fi:.et to the ~jorth line of said Broadway Avenue; thence North 89'5 West,
along said ]3roadway Avenue, 1,036.16 feet to the Poitrt of Bcguining.
Except that porlion conveyed by Statutory Warranty Deed rec:arded under Auditor's File
No. 4676061 described as follows:
Tkiat portion of the Northwest Quarter of Section 13, To«rnship 25 NlOrth, Range 44 East
W.M., more pariicularly de;cribed as follows:
Commencing at the Wcst QuartEr comer of said Section 13; tlience South $9'59'36" Fast
(Soutti 89'5l'00"East Record) along the South line of said 'Nforthwest Qaarter, a di.stance
of 1,596.31 feet; lhence Nortli 00'01'36" West (iNorth 00'09'00" Ea.si Record), a distance
oi's6.oo feet cn el.,e rfonh Rigbt of way Line of Br4adway Avenue; tbence NTorth
00'01'36" West, a distance of 259.35 feet to tUe True Point of 13eji.nning; t.hence
continuing \jorth 00`01'36" West, a distance of $80.80 fe.et to. the Southerly TZight of
Way Line of interstate 90; thence along said Southerly Right of VJay Line; the follo\\ring
ttwo (2) coursES:
1) South 73'47' 13" East; (South 73'33'30-," East, Rccord) a distance of 387.87
foct: -
2) South 79'29'51" East; (South 79' 16'08" East, Record) a distance of. 65.45
feet; thence souch 00'01'47" West, a distance of 760.79 feet; thence NOrtti
89'58' 13" West, a distance of 436.03 feet to the Truc Poi.nt of Beginmin6,
Situate in the County of Spoka.ne, State of Waslungton.
A.ud exccpt Broadway Flvenue.
: t •
Pxrcel $
e That portion a{'the South Ha1f of the North Half of Section 13, To~%mship 25 North,
Range 44 East ~Ti'.ivt.., i.n the Cit~~ of Spol:ane ~~alley, Spnkane Counry, ~Vaslungton, lying
Southerly of the Soutlierly line of 1'rimary State H:ighway No. 2, describcd as follows:
Beginiung at a poi,r,t 20 feet North and 20 feet East of the West Quarter corner of said
Section 13, a.nd runni.ng thEncc Soudi 89'5 1' East, along the North line of Broadway
Avenue, 2;612.62 f.eet to the True Point of F3eginning of the traet of land herein
described; thence North 0' 14' East, 1;308.73 feet; thcnce South 89'5 1' East, aud 519.36
feet.; thence South 0' 17-1/2' We.st, 1;309.60 feet, to a point on the Nlorth line of said
BroadNvay Avpnue; thence Nortli 89'5 1' `Vcst, along said BroadNvay Avenue; 518.08 feet
to the True Point af Beginninp-,
2xcept that portian conveyed by Statutory Warraut}, De.eti recorded undsr Audtor's File
No. 9107240233 described as follo«-s:
That portion of Section 13, Tov,rnship 25 NortJi, RangE 44 East W.M., in Spokane
Couuty, Washingtou, describeci as follows:
Begiruuug 20 feet East and 20 feet North of the Southwest Corner of the Northwcst
Quarter, ttlence Snukh 895 l' E ast a1onD the Nort}i RiElht of Way liue of BroadNvay
Avenue, 3,l 30.7 feet to the True Poiut of Begi.nning; thence Norlh 0' 17-1/2' East 747
fe.et, Luore or less, to the Southerly Raght of Way Line of Primary State Highway Nlo. 2;
thence Northwesterly along, said Southerly Right of NVay Li.ne to a point on a li.ne which
is parallel ~,Nrith and 200 feet West (measured ai right aneles) of the last above described
line; thence SouTh 0' 17-1/2' West 805.3- feet to the Nor[h Rin~t of Way Line of
BroadNvay Avenue; thence South 89'5 l' East 200 feet to the Truc Point of Beginning.