5194559 - Mitigation Agreement: Pines/Mansfield
5194559 '
RETURN ADDRESS PRgP: D of 9
03/24/26e5 61:4eP
City of Spokane Valley UU",;4" 4, Lj i JF sWs Ft< $2/. .e Spokane Co, WA
11707 E. Sprague Ave
Spokane Valley, WA 99206
Attn: Chris Bainbridge, City Clerk
Pleaso Tyue or Print Neatlv & Clearly All Information
Document Title(s): Mitigation Agreement SR 27 (Pines Road) Mansfield Road Construction Project
Reference Number(s) of Related Documents
GrantOf(S) (Last Name, First 8 Middle Initial)
Oeveloper: J. GRANT PERSON
• Grantee(s) (Last Name, First 6 Middle Initial)
Mitigation Agreement with Developer noted above and City of Spokane Valley
Legal Description (Abbreviated form is acceptable) i.e. SectionlTrnvnshiplRangeJ1114 SectEon
45094.0519 - PINECROFT 1ST BLK 20 INCL N'h VAC KNOX AVE S OF & ADJ TO AND VAC
WILBUR ST W OF & ADJ TO AND EXC MONTGOMERY DR 8 WILBUR ST
Assessor's Tax Parcel ID Number: 45094.0519
Tho County Auditor will rely on the informstion provided on this form. The Staff tvill not read the documeni to verify the Aocuracy or
completeness of the indexing information provided herein,
Sign below only if your document is Non-Standard.
I am requesting an emergency non-standard recording for an addi#ional fee as provided in RCW 36.18.010. I understand that the
recortling processing requirements may cover up ar oihsnvise obscure some parts of the text of the original document. Fee for non-
standard pr cessing is $50.
w ~ A
S. nature of Requesting Party ~
C~~- %3
•5194559
• • Page: 2 0£ 9
83/24/2$85 01148?
60JEW .T, CI' Y IF 5 K RC ~ t 7. A Spokane Co, WR
MITIGATIOn` AGRFEMEn`1'
SR 27 (1'1N-ES ROAiI) / MANSFIL+`LU ROAn CCaNSTRUCTION PRO.TFCT
'1"his N[itigation Agrccment ("Agreemenl") is cntcred into by and behveen J. Grant
Person ("L7eveloper'), having offices for the cransaction of business at 11219 E Sundown,
Spokanc Valley, Wash.ingtcm 99206; and the City of Spokane Valley ("City"), a political
subdivision of the State of Washington, hercina.fter jointly referrcd to as "Parties"=
KLCITALS
1. T'hc City, in cooperation with Spokane County and the Washington State
Department of Transportation, is planning to desigti and wnslruct improvements to the
SK 27 (Pines R.vad) and Mansfield Road cdmdor with '1'ransportation Partncrship
Program (1 PP) granl funds from the Tra.nsportalion lmprovement Baard (1'lB) and
Congestion ManagemenUAir Quality (CMAQ) grant funds froin the Spokane Regional
Transportation Council (SR.TC). The name of the project is the Yines/Mansf:ield Corridor
Congestion Relief Project ("Project") and the purpose of lhis project is to alleviate
e:cisting and future traffic congestic~n in this area.
The Pr4ject will reconi:igure the WB ramps or1-9Q at SR-27 (Pines R.d.), using the
existing slip ramps to lndiana Ave. and Montgomery Ave. WB off-ramp traf.fic will usc
the slip ramp to a signalized intersection at Indiana Ave. NWR on-ramp craffic Arill use the
slip ramp at MontDomery Ave. '1'o unprove operation of the NVF3 on-ranp and ensure
sa.fety, the portion of Mantgomery Ave. betvveen Pines Rd. and the slip ramp will be one-
way, weslbound only. 1 herefare, to providc access to Pines Rd. for the proPerties wcst
of Pines Rd., Mansfield Ave. vvill be improved, with a traf•re signal at the interse.ccion of
Mansfeld Ave. & Pines lZd. Curb, gutler, 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 intcrsection up to an acceptable level of service.
2. The Devcloper is the owner/dcveloper of certain real property generally loc..~ted
within the SR 27 (Pines 1Zoad) ana Mansficld 12oad comcior north of Interstale 901egally
describeci in Exhibit "A" ("Property").
3. The Developer is developino the Yroperiy for residential and/or commercial uscs
(the "laevelopment") which will increase traffic congestion and ciirectly impact existinb
transportation infiastruclure along the 1'inesJMansfield corridor from and including the
on- anci aft°-ramps at 1-90. Mitigation of these impaets will be required as part of the
developmcnt of said pmperty.
4. The Parties are desirous of entering into an Agreement Which provides for the
payment af a proportionate share of the Project in cQnsideration for the allocatiou of a
specificd number af P.M. Peak- I-Iour krips and mitigation of trafiyc impacts associateci
Nvith the Developmeiit.
5194559
. %-Page: 3 of 9
' J. Grant i'erson, Mitigari •\greement 93/24/2095 01 -46P
, Pincs/Mansfield Road Consiniction 1'roject dU!ENyE {T, CI"r I~f 5'OK ftu t 32i. ia S»okane Co, WR
5. The Developer recognizes the necd to iJnprove the traffic congestian in the
F'ines/Mansfielci eomdor and has agrced to financially participate in the Project by
cnntributing a pro-rata share of the requi.red local matching funds. The Developer's pro-
rata sharc is based on the tntal numher of trips previously estimatcd for the Developroent.
6. Pursuant to RCW 43.21C.060, and RC`V 82.02.020, the City has the audiority to
allow a paymenl la mitigate a dircct impact that has been identiiiecl as a consequcncc of a
proposed development_ The City (1) has identified future road projects neeessitated by
planned development in cerl:ain areas of the City; and (2) has identified a reasdnable
relatianship between impacts generated by the Develqpment to the traiisportation system
and t.tie iinancial conlribution toward those impacts.
7. Ta mitigate the direct impacls of the Development upo❑ ex.isting transportation
facilities, the Parties are vnluntarily entering into this Agrcement pursuant to RGW
82.02.020.
8. It is intended that this Agreement provirie funds in order to mitigate the direct
traffic-related impacts of the Developmenl upon the environmcnt Nvhich have been
idenlifieti thmugh the SEF'A review process and dncumented in the City File
NlO. ZE-109-R0.
ACREFMFNT
NQW; THFREFOR.E; in consideration of tlie mutual covenants and conditions hereafter
set fprth, the Dcveloper and the City hereto agree as fnllaws:
l. Voluntarv AL-reement. 'Y'his Agreement, including all aetached documents; is a
voluntary agreement a.s that term is used in RCW 82.02.020. The mitigation fees
chargcd herein aee proportional to the tr-affic-related impacts generated by the
Development. The parties ack.nowledge that the capital project is reasonably
net.essary lo mitigate the direct traffic i.mpact of the Development. ln the event this
nutagation agreement is determined by a court to be null and void the City sha(1
refund the unexpended portion of mitigation fees. l'-ollrnving a termination of this
agreement the Developer shall, as reasonably required, mitigale the direci traffic
impacts of the Developttient through the State Environmental Policy Act.
2. Proiect Funds. The Praject is b£ing fundcd frorn several sources including, the
Washington Stale Departrnent of 1'ransportation (WSnOT), the TIB, the SRT'C, the
City, and private develupcrs. Funds from WSD()T, TIB, SFtTC and the Ciry havc
been abligated. Sce "Lxhibit Ii".
3. Mitieation Fee. Thc Developer shall pay $5,159, ($303.46 per P.M. Yeak I•Iour trip),
tivhich has been determined lo be the Ueveloper's contribution to the Project for
miligation of future traff c unpacts related to the T)evelopment. `1`his traffic
tnitigation fee shall be expended toNvards the desipi, riQht-of-way acquisitiUn; and
canstruction of the 1'roject.
~ tiPuLlic K'uak.tlCapifel Pre~eCL95Pincs-.Ma~ddlAtuiyninn AgcememslMiciuation fV...... 1.KI"I'IGATIUN AGR.81;A1F+!'1'!'qnnt Pcrenn,&ia
5194559
~V • . Page : 4 of 9
J. Granl Pcrsori, Mitigat: Agreement 63/24/2805 01~49r'
, 1'ines/Mansfield Road Construction Projcci bA+3c t JiL IT, CI t Jf 5 '1; h~ c kl, 1 Spokane Co, uA
4. Pavment To begin the dcsign of tlie Project, the Developer agrees ta pay all, or at
least 20% of its mitigatipn fee no later than February 25, 2005. A lelter oi' credit
savings assignment, set-asicie letter, or other appropriate mechanism that gives the .
City a unilateral right to access the funds pursuant to this agreement from a financial
institu[irm shall also be providcd to the City tlo later than February 25, 2005 for the
remaining 80°/u of the Developer's mitigation fec. The remaininD 80°/u of the
Developcr's mitigation fee shall be callecteci by the City no later thai 90-days prior to
the Project bid date for construction. The City will notify the Developer of the
Project bid ciale when it is dctermined. All fees paid by the Developer shall bc used as
a portion of the lncal match required for the 1"1B and SRTC gants related to the
desigm, right-of-way acquisition, and cnnstruction of the Project.
5. Site I)evelonment. Building permits will be issued for the llevelopment when 1) this
agrcement has been executed by the Developer and the City, and 2) the Developer's
mitigation fces have been paid in accordance with Section 4 above, and 3) all other
conditions of approval of the L7evelopment required by slate and local laws are
satisfied.
Cxecution of this agreement releases the Developer from the requiremenf of
canstructing frontagc improvements on the Property, provided said frontage
unprovements are included in the Projcct. lf fronta;e unprovements are not included
in the Project, the Developer is responsible for constructing fronta;e i.mPrpvements in
addition to paying the mitigation .f.'ees.
6. Compliance with RCW $2.02.020. Payment collected by the City Nvill be held in a
miti;ation fee reserve accqunl and may only be expencied to fund the design; right-of-
way acquisition, and constructicm of the Project. 1'ayments shall be expencieci within
five ycars of collection. The City shall be entitled to reimbursement from the
mitigacion f°ee rescrve account for any fimds it may expend for the dcsign, right-of-
way acquisition, and construction of the Project prior to the collection af the fec. Any
fiinds ul the mitigalicm f'ee reserve account not erpended within five years shall be
refunded by the City Arith i.nterest a.s provided in IZC;W 82.02.020.
7. Committed P.M. Yeak Hour Trias. The City agrees to reservc within the 1'roject up
to a total of 17 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 timc application for a building perniit is made. "Complete" is defuied as havinu,
received all govcrtunental permits and approvals necessary to construct and
permancntly occupy the laevelopment. If the total number of P.M.. 1'eak TTour trips fpr
the Dcvelopment exceeds the total number of reserved trips noted above, a new traffic
study shall be prqvided to dctcrmine if additional traffic mitigation is rcquircd.
8. Concurrenev: In accordance w7tli the City's adopted cnncurrency standarcls pursuanl
to RCW 36.70A, the P.M. Peal: llour trips mitigated herein shall be considercd to
have satisfied concurrency for the Project from the 17cvelopment as provided in
paragraph 7. Any remaining capacity shall be available to the general public.
1!'Nhlic K`micsiCnpitellkvjecWUKne Nanzfie1dlh7itibati[m Aycea'cts4~li~~tinn AgreementdJ.17TIGA710N AGRM 4LNT Gram Pexm.dce
5194559
, Page~ 5 of 9
' J. Grant Pcrsori; vtitigati .greement 0312412005 99 ,46P
, PineslAlansfield Knad Construction Pmject U1! tqM aT, CI' Y 1F $e,. ib Spakane Co, Ufl
9. Notice: All communications, notices or demands af any kind whicfi a party under
this Agreement is requ.ired or desires to give to any oiher party shall be 'vi writing and
be either (1) delivered pcrsonally, (2) sent by facsimile transmission Arith an
additianal eopy mailed first class, or (3) deposited in thc U.S. inail, certified mail
postage prepaid, rcturn receipt requesled and addressed as folloxvs:
If to the City: City of Spoka.ne Valley
11707 E. Sprague Ave., Suite 106
Spokane Valley, WA 99206
Fax: (509) 921- l 0U8
Attn: City Manager
Tf to the Iaeveloper: J. Grant Person
11219 E Sundolm1
Spokane Valley; WA 99206
10. Successors. 1'his Agrreeement shall be binding on and inure to the bcncfit of the
successnrs and the assigns of ttie Pa,rties.
11. Cavcrnine Law. 'I'his Agreement shall be construed in accordajice with the laws of
the State of Wa-qhington. t1ny action for enf'orcement of this Agreement shall be
brousht in a court af competent jurisdiction in Spokane County, WashingtUn Qr as
othcrwise provided by statute.
12. viodificxtions. No modification or amendment of this Agreement shall be valid until
the saine is reduced to writing and executed vvith the same formalities as the present
Agreemcnt.
13. Waiver. vo officer, emplqyee, agent or ottierwise of the City has the power, right or
authority la waivc any of the conditions or provisions to this Agueement. No waiver
or any breacb of lhis Agreeinent shall be held to bc a waiver of any other or
subsequent breach.
14. Rcaresentation. This Agreement forms a fully inte;rated agreement between t,be
Parties. No othcr understandings, oral or othcrwise, regarding the subject mattcr of
this Agreemcnt shall be deemed to exist or to bind any of the Farties hereto. This
agreement shall meet the mitigation requiremcnts for ciirect traffc-related impacts of
the Development vvithin the Project limits as described in the Projec:t description in
Section 1 of the R.ec;itals and as identified and documented in the City File(s)
referenced in Seclion 8 of the Recitals. Th.is agreement shall not supersede any other
conditions of approval not di.reclly related to traffio-related impacts of the
Development within the I'roject lim.its.
PMuMit VVork$iC.+pmnl ProysefiPines ,Manslield5Alrtiption Agrcantqsl~ii~gdiim lyrrea~Tf177GAilON ACR.EliA1&1'I' Cpnnt Persnadoc
~ 5194559
• • Pa.0: 6 of 9
J. Grant Person, Mitigati. .gree_ment 83%24/Z&~S1?
A1 ~4HP
, PinesMansreld Road Construction Proj I.V tt+ T, CI' I ,F 5'•KA , te.. ,b Spokane Co, WR
All Parties have read ancl understand all of ttie A;reement, and npw state that no
representation, pramise or agreement not expressed in the Agreement has been made
to induce ajiy Parly lo execute thc same.
15. Authorit-v. i3oth 1'arties to this Agreement represcnt and certi_fy xhat they have full
aulhority and power to enter into and carry out this Agrecment. Tlie persons signing
this Agreement represent that they have autliarity ta act for and bind their respective
priiicipals.
F:\Yub6c WoTWCap~tnl Pti~ectslPino :W en~cld5Alitihaliim A&nrrn:sac~A9it'Suioo l&eemeaulMITIGAT7UN ACiRLtM M' fpant PersrnidLx
• • 5194559
• •
J. Grant Person, Mitigati, treement Page: 7 0£ 9
03/24/2905 91 :46P
, Pines/Ma.nsfield Rozjd Consteuction Project (,L1 ~ M•T, CI"Y 1F i( h~ i iki. ,b Spokene Co, A
lN WTTNFSS WHERLOF, the ]}arties have executed this Agreement this ~L day of
2005.
d
1)EVELOPTit:
J. Graut Pe
By: Its:
STATE dF WASi-Tl11GTpN )
) ss.
County of Spokane • ) On lhis QM'' day of Jj-lku.aA4--, 2005 beforc me, the
undersigned, a Notary Public ' for tlhe Slate Uf Washington, duly commissioned and
sw4rn, personally appeared ~-PlR,u.Q~ to me l:nown to be the
individual that executcd the foregoi.ng instrument, and ack.nnwleedged the instnunent to be
the fne and valuntary act and deed, for the uses and purposes tberein mentioned, and on
oath statcd that he is aulhorizeti to execute the inslrumenL
WlI'NESS iny hanti and official seal hereto afTixed thc day and year in lhis
certificate above Warn~n,,,,,
~ E K•
OM ftp~y~~'~., I`(au
NOTARY PUBL1C, ~n dnd for the State of
Washington, residing at
➢~g~~c &.'oMy commission cxpires: 11
.2a, 1~~~~~ e.ld
0 fVlASPrintcd l~iame
n,,rir,n1~~u<<,:
CiTY QF SPOKANE VALl.,N:Y:
David Mercier, City Manager
A : APPRQVEI~ S=LO FORM
ris Bainbridge, Cily Clerlc J Cary Uri kell; Depu , City riorney
Y:SWSIic N'arl's%qiiL•il Pioj~tsV'lea-Alucdidd\St~:iuo qyeeirsew%Liligation ABotmentsW]77G.ATION AGItEL•k1EVT fmim Pemn,duc
, .
, . Exhibit "A" ~
-
~
~
~
MaRS
~
/
45094.0519
/ •
/A
~
m
~
~
45094.0519
PINECROFT SST BLK ZO INCL N1/2 VAC KNOX AVE S OF 8 ADJ 70 AND VAC WILBUR ST W OF & ADJ
TO AND EXC PAONTGOMERY DR & WILBUR ST
~ 5194559
. Page. 8 af 9
I _ 03124/2095 01:49P
~e'l.3b SpokanE Co, l1R
Exhibit 'B'
- • • °Pines/Mansfield Cost Estimate
PE ROW Constrvction TOtaIS
City Portion - Mansfield Ave. (34ane Section)
Preliminary Erngineering $75,622
Soils Investigation $15,000
Right-ot-way $600,000
Project Signing $2,000
Contingencies -10% $75,622
Constructifln Engineeriroo -10% S75,622
Construction -1 Qg'o $756,220
EnvironmentallMisc. Enp $16,393
Subtotals $107,015 5600,000 $309,464 $1,616,479
WSDOT Portion
Design Engineering $200,000
f2ight-Qf-way (EuUid) S25,000
ROW - Pines $100,000
Construction S1,570,464 '
Continyendes $65,745
Sales Tax - 8.196 $123,156
Conshuction Enpineerinq 16% $262,979
Subtotels $200,QD0 $125,000 $ 2,022,346.00 $2.347.346
TOTAL $307,015 $725,000 $2,931,810 $3,963,625
' A.dded 550,000 per revised estimate from WSDOT for addi6onal flagging required at RR crossing.
TI S $ 2,193, 561 5596
Develflpers $ 499,755 1396
City $ 55,000 1 °6
WSDOT $ 55,000 1 %
CMAQ $ 1,160,500 29%
Total $ 3,963,856 10096
5194559 Page: 9 of 9
03/2412005 W46P
Gd! crmLNT, CI ' JF 5'~Kd k1• iB Spokane Co, WA