5603648 - Mitigation Agreement: SUB-08-05 REZ-09-05 Shelley Lake 5th
~ 10/24/2007 09:21:57 qM 5603648
Reco:ding Fee $43_09 Pagn 1 0! 4
Anreement G37Y OF SPOKANE VAL4.EY
Spo<ana County LSashingfca
After Itecording, retum dacument to Il~~ulll~'III111I1I+I11llllllllllllllii!(111!!NI!lIIIL9Il 1111111111 Ill~IN
City of Spokane Valley
Ath1: City ClErk
117 07 r Sprague Avenue
Spokane Valley, WA 99206
VO:f.UNTARY MITLGATIOiN AGREENLENT
SAFIILEY LA1CE 5`h ADDTTIU\`
SU}3-08-05 RFZ-Oy-US This Vlitipation Agreement ("A&Teernent") is enCered irito by and benwcen Shelley Lake
Residential T)cvelapment, LLC ("Developer'), a`Vashington Limited Liability Company, anct the City of
Spokane Valley ("Gity"), a political subdivision of the State of Wa„shington, hereina[ier jointly referred tn .
as "1'artics."
R E C I T A L S
1. This agreenlent is enterecl iritn by the 1'i►rties pursuant to RCW 82.02.020 to ►nitigate a direct impact
icicntified as a consequertcc of the development of the property.
2. The Developer is the owner/developer of certain real property af approximately 46.48 acres and ,
generally toczitecl ca.sf of aid adjttccnt to Rotcliford 17rive; and is situatetl in Section 24, 'I'ownship 25
North, Rarrgc 44 E, WV1, in Spvkalie County; 1'Vashinat:on. Said property is rnore specifically descri,~ed
in Fxhibit A attacliecf hereto and by this reference incorporated herein. P~QG £ L-t~ H S'a y S,
3. The Developer has rcceived approval of [Me preliminary subclivision and rezone identiGed as SUB-08-
05 KEZ-49-05, a residential development which will create fifty nine (59) residential lots and four
common open space tracts. "1"raffic rnitigation has been required as part of the approval process for the
final plat pursuant to the Staff Report.and Nolice of Decision dated the 29'h day of'Decembcr, 2005. The
Notice of Uecision contains the following conditions of approval:
SPOKANTE VALLCY Y'UI3i.,IC WORICS l.7EPART17ENI' - l:)F',VELQPIVILNT
ENGINF F,R.1.i1TG ll 1 V 1 SIO\T
14. The approval for certuin rezones anci developrnents on propertieS owned by the
applicant, Kobert Heitman, J'r., were cunditioned on the installation af a h•ai'f'ic signal at the
intersection of Sprxgue Avenue and ConlJin Road at the time traffic warrants are met. The
applieant shall conlriliute 40% of the cost to cnnstruct the signal, minus a$1,U00 uCfset fur
concluit prcviously installed for the signal bp the Hpplicant. Such contributiun shall be
deemed to sHtisfy the conditions of approval f'or the Shelley Lake Devclopment, including
the Shclley Lalre final pliits, the current prcliminary plat and multi-fxmil,y uses piarined in
Shelley Lake S`" flddition Volunta.ry Mitigation Agre•ement T?age 1 of 4
, . .
such development; as wcll as commercial uses oo the hroperties rezoncd in file \Tos. ZE-29-
96 aua zL-Gt3-96.
15. 't'he applicant and the CiCy of Spokanc Valley have agrccd to the details of the
contribulion by the applicant and transport-ation concarrency for the projects desct-ibed
abo<<c; and have abreed to esecute a developci• ngreement tliat spccifies payment of the
applicant's =30% contribution prior to linaliration of the current prcliminary plat, the
issuance of a building per•mit for the cnulti-famil}' property, or the issuarice of s building
permit f'or the ione change properlies, whichever event comes first 'L'he develapcr's
agreement shall provide fur the posting of .i perfor►nance bond at suc:h time as warrants .tre
met <t. "1"he Parties are desirOus of criterina into an Agreement which provides fior the payment of a
proportionate share of improvements deemed necessary at the interse,^ction of Sprague F1ve. and Conklin
k.oad «fiich are a tlirect re,sult of traffic impacts assQCiated with the T)evelopment.
5. 'I'lte Developcr's contribution to the traffic signal shall be $99,000 based the developer's fprty
perccnt (40%) contribution to the signal, I11111U5 a $1,000 offset for the conduit previously installed for thc
traffic signal. The City estimates the cost ot the traffic signal at $250,000.
A G R E E ti'IEiN 1'
NO\'V, THrR,EFOItE, in considcration of die mutual covenants and conditions hercafter set foirth,
the llevcloper and the City hereto agree as folloNvs:
1. Voliintirv Aareement. This Agreement, including all attached documents, is a volwltary
agreeanent as that term is used in RCW 82.02.020. The cQntribution offered is propational to the traffc
related impact:s generated by the Dcveloprnent. The parties acknowledge that the project is reasonably
necessaiy to mitigate the direct traffic impacC of the Development. ln [he even[ this mitigation abreement:
is brcached by the 17evelopcr, all of the City's abligations under this agreemcrit: Shall tenninate. ln the
evenl I.his mitigstion agreemenl is determined by a eoiart to be invalid, the Cit:}' shall refund the
uneapended porl'ion of'the contribtition, zinct the City's obligatinns un(ler this a;reement shall terminate.
2, Proiect. '1'he project sh311 cUnSiSf Af the installation qf a traffe signfll at the intersection o('
Sprague Avenue z:nd Conklin Ro1d. 1'he mitit*ation fee is based upon the cosl of the trsffic signal:
3. Contribution. Thc Developer shall pay $99;000, which has been determined to be the
C)eveleper's proportionate contribution ta the Project for mitigation of fuhu•e h•affic impacts related tp the
Develapment. This h•aff'ic mitigalion fee shall be use_d for the design and/or construeCion of the
irnprovemenls co t.his intcrsection.
4. I'xvment The iaeveloper agrees Co pay all of the above identiFed mitigation fee at such time as
traffic signal warrants, as clefined by the Manual on Unifarm 'fraffic Conlrol Devices QtilU"1'CD), at the
intersection of Sprague Ave. and Conklin Roid are met. The City Tr-affic engineer shall determine when
signal Nvarrants are met. Payment shall be made within thirty (30) days aftcr receiving notice fi-om the
City. l;f pa_ymenl is not timely received, the Ci .ty tnay immediately access the funds secured by the leYter
of credit described below. A letter of credit, which Dives the Cily a unilateral right to access the funds
Shelley T..ake 5'h Addition Volunt;jry ytitig3tion Agreement Page 2 of. 4
pursuant to this agreement from a fina.ncial institution, shaU be provided to the City upon execution of
this aereement and prior to acceptsnce of diis agreernent by the City.
5. • Compliance with RCVV 82.02.020. Paynent collected by the City will be held in a mitigation
fec rescrve account ancl may only be expenclecl to fund the clesibn, ri« l-of-way iicquisition, and
construction of the Project. Pay►nents shall be expended within five (5) years of colleclion. Tlic Cit:y
shaIl be enl:iclecl co reimbursement 1'ram the mitigation fee reserve aceount for Ejny fiinds it may espenci for
the desigii, right-of-way acquisition, a.nd construction of the Project prior to the collectiou of'the fee. r1iiy
funds in thc mitigation fce reSCrve accour►t not expericied Nvithin five (a) ycars shall be refuncled by the
City with interest as provided in RCW 32.02.020. .
6. Notice: t111 commimications, notices or demands of any kind which a pariy under this
Agreement is required or desires to give to any o[her party shall be in writing and be either (1) delivered
pcrsonally, (2) Senl by facsimile t:ranscnission wiLh an addiCional eopy mailect frst class, or (3) deposited
in the U.S. mail, certified mail postage prepaid, returri receipt requested arid addre,5sed iiS fUIION'S:
If to the City: City oF Spokane Valley
11707 E. Sprague Ave.; Suite 106
Spokane Valley, WA 99206
rax: (509) 921-1008
A.ttn: City Ivlanager '
it'to t:he ]aeveloper: Shelley L:akc Resiclentizjl L)evelopment LLC •
8225 N.17ivision
Spokane, Nlftk 99208 •
7. Successors. This Agreemenl sliall be binding on and inure ta the benefit of the successors and
the assigns of die Parties.
3. Governiniz Law. This Agreement shall be consirucd in accordarice wilh t:he la,.-vs aC the Stete of
Wasltingtor►. Any ac[ion 1'or en.foreeme.nC of t;liis Agreement shall be brought in a court of competent
jurisdiccion in Spok<<ne County, 1Washington or as otheilvise provided by statute.
9. Modific:itions. No modifci►Cion or amendment of this f1greement shal) be valid unti) the same is
redueed to wril•ing and execuced with t:he same formalities as the present Agreement.
10. V1'aiver. No ot'ficer, employee, agent or othenvise of the City has the poNver, right or authority to
waive any of the eonditions or provisions to this Agreement. \io waiver or an}+ breach of #his Agreement
shall be held ta be awaive•r of any other or s«bsequent brcacti.
11. Rcpresentation. This Agreement forms a fully integrated agarecment betNveen Lhe PhrLies. No
other understandinas, oral or ot}icrwise, reoarding Ihe subjecl macter of this Agreement shall be deemed to
erist: or to bind any oC Lhe Parties hereto. tlll Puties have read and understand all of the Agreement, and
now state that no represeiatation, promise or ag-ecment noi expressed in the A,~7eement has been made to
induce any Parfy to execute the same.
12. Authnrity. Both I'arties to this Agreement represent and certify that thcy have full authoricy and
poNver to enter into and carry out this Agreement. The petsoiis signing this Agreement represent that they
have authority to aci for and bind tlieir respective prulcipals.
Shellcy La';e 5 d' Acldition Voluntary lvtitigation Anreement Page 3 of'4
' T • ~
• ~Q
tN WiTNE-SS WHERrOF, the Partics have execut:ed diis Agreement This Z3 day of Qctober, 2007.
DFVELOYER:
~
lts:
\tame:
STATT OF WASHINIGTON )
) ss.
County of Spol:ane . )
On this 7~ day of 2007 before me, thc unde►sigr►ed, a Notary
Public in and for the State of Washington, duly comrnissionecl and s«<om, persorlally appe<ued
Pj0 V3r.-,k L•tJ- e.r A-yr5.n r. to me l:nowti to be the 1NMPAY-N1~ of
J I(4L.a,lE.e~ ~>'v . 1-l-L_ . die corporation that executed the foreaoing instrument,
ancl acknowledged thc irishtimenc eo be the fi-ee mxl voluntary ace ancl deed of the corporatinn, for the uses
and purposes t.herein mentioned, and on oath st.ited that (s)he is authorizzcl to execute the instrume.nt.
`VTTNESS IIl}+ flanct and off~cial seal hcreio aFfxecl 1.he day and year in tMis certificate tjbovc written.
.,;.yG o~~',~i,~ ~t~✓i ~ . sC lilao ✓h ~
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e e, NOTARY PUL3T iC, in and for lhe State of Washingtori,
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w t; O~ AoY ` Z residing at
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; ^ ~ comm issiQa e ~pires: 1 ~ 311 t v
~~~Printed Niirnc
F O F V'J PS
CITX OF SYOKANE VALLEY: ATTE ' ,
Ar iristine F3ainbrid~/ CICI'JC
APPROVF`I7 AS TO FOR►vl:
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Office the City~torney
Shelley Lake 5"` Aclciitioa Voluntary lviitigation AQreemcnt Page 4 of 4