5194593 - Mitigation Agreement: Pines/Mansfield
RETURN ADDRESS 5194593
Page: 1 of 9
Cit of S okane Valle 83/24t2&es 02:13P
y p y
11707 E. Sprague Ave tO! R 4 1 41, CI' ~IF SP JK i RG ~ SEi.i6 Spokane Co, WR
-
Spokane Valley, WA 99206 ,
Attn: Chris Bainbridge, City Clerk
Please Tvpe or Print Neativ & Cleariv All Informatfon
Document Title(s): Mitigation Agreement SR 27 (Pines Road) Mansfield Road Construction Project
Reference Number(s) of Related Documents
Grantor(s) (Last Name, First & Middle Initial)
DevebeperlOwner: QuaCchan Invesfiments Spokane, Inc.
Grantee(s) (Last Name, Firs# 8 Middle Initial)
Mitigation Agreement with Developer noted above and City of Spokane Valley
L8g81 D6SCflptl0n (Abbroviated fortn is acceptable) i.e. SedionffownshipJRange/1/4 Section
10-25-+34 $26 2/3 RODS OF W60RODS OF NW 114 OF NW 114 & N13 113 RODS OF W60RODS OF SW 114 OF NW 114 EXC CO
RDS
Assessor's Tax Parcel ID Number: 45102.9011
The County Auditor will rely on the fnformation pravided on this form. The Staff vrill nat read Ihe document to verify the Accuracy or
completeness of the indexing infortnation provided herein.
Sign below onty if your document is Non-Standard.
I am fequesting an emergency non-stantfarC recoMing for an additional fee as provided in RCW 36.18.010. I understand that the
recording pro ssing requirements may cover up or othervrise obsaure some parts of the text of the orfglnal document. Fee for non-
Standa Fo sing is S50.
< ~ - ; „ _
' aature o equesting a y
' 5194593
• . • Page- 2 of 9
• 03/24/2995 02:13P
dU!E i:eE T, GI' f UF SPii( 9 is Spokane Co, WA
MTTIGATIOY AGREEnTFNT
SR 27 (P1VES 120An) / MANSFIELll 170A1) C0NSTRUCTIUY Y.RO.TFCT
This Mitigation A;reement ("Agreement") is entered into by and between
Qualchan Inveslments Spokane, Inc. ("Developee"), a Washingtan Corporation, having
oftices for the transaccion of business at 104 South Division, Spokane, Washington 99202,
and lhe City of Spokane Valley ("Ciry"), a political subdivision of the State of Washington,
hereinaFter jointly referred to as "Parties":
RFCITALS
L The City; in cooperation with Spokane County and the Washington State
Department oFTransportation, is planning to design and construct improvements tn the
SR 27 (Fines Road) and Mansfield Road corridor vvith Transportation Partnership
Program (TF'P) grant funds from the Transportation Improvement Baard (TIB) and
Congestion ManagemenUAir Qualitv (CMAQ) grant funds from the SpokanE I7e;ional
Transportation Couneil (SR'I'C). The name of the project is the PineslNiansfield Corridor
Congestion Relief Projeet ("Project") and the purpose of this project is to alleviate
existing and futurc traffic congestion in this area.
"rhe Project will reconfigure the NVB ramps of I-90 at SR-27 (Pines Rd.), using the
existing slip ramps to Indiana Ave. and Montgomery Ave. WB off-ramp traffic,.vill use
the siip ramp to a signalized intersection at Indiana Ave. WB on-ramp traffic will usc the
slip ramp at vlontgomery Ave. To improve operation oFthe WB on-ramp and ensure
safety, the portion of Montgomery Ave. bctween Pines Rd. and thc slip ramp will be one-
way, westbound only. Therefore, to providc access to Pines Rd. for the properties west
of 1'ines Rd., Mansfie(d Ave, will be improved, with a traffic signal at the intersection of
vlansfield Ave. & Pines Rd. Curb, gutter, sidewalks and bike lanes will also be
construc:ted. In addition, a signal will be installed at the Mirabeau Pk,,v}r & Pine.s Rd.
intersection co bring this intersection up to an acceptable level of service.
2. The I7cvcloper is the owner/devEloper of certain real proper[y generaUy located
%krithin the SR 27 (Pincs Road) and Mansfield Road comdor north of Interstate 94 legally
described in Exhibit "A" ("Properiy").
3. The Developer is developing the Froperty for residenlial and/or commercial uses
(the "Taevelopment") wtuch will increase traffic congestion dnd directly impact existing
transportation infrastructure along ehe Pincs/Mansfield corricior 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 Aarties are desirous of entering into an Agreement which provides for the
payment of a proportionatc share of the Project in consideration for the allocation of a
speci .fied number of P.M. Peak Hour trips and mitigation of traffic impacts associated
with the Development.
Qualchan [nvestments S, 3ne, Inc., vlitigation Agreement
' Pines/Vlansfield Road Construction Project Page 2 of 6
5. The T)eveloper reco,anizes the need to improve the trat"fic congcstion in the
Pines/Mansfield eorridor and has agreed to f nancially participate in the Project by
contributing a pro-rata sharc of the required local matehing funds. The Developer's pro-
rata share is bascd on the total number of trips previously cstimated for the Development.
6. Pursuant to RCW 43.21 C.060; and RCW 82.02.020, the Cih, has the authority to
allow a payment to mitigate a direct impact that has been identifieci as a consequcnce of a
proposed devclopment. Tlie City (1) has identificd future road prnject~t necessitated by
planned development in certain areas of the Cit?; and (2) has identified a reasonable
rclationship behween impacts gEncrated by the Development to the transportation system
and thc financial contribution toward those impacts.
7. 'I o mitigate the direct impacts of the I7evelopinent upon existing transportation
Faeilities; the Parties are voluntarily entering into this Agreement pursuant to RCW
82.02.020.
8. It is intended that this Agreement provide funds in oeder to mitigate the dirECt
traffic-related impacts of the trips resulting ETom the Development.
5194593
Page: 3 of 9
03/24/2603 02113F
(,0O i JI ~ T, CI ? )F SPA 3 hu i R, .4 Spokane Co, VR
P:1161ic tiYurkn4CaµiW Projce~5lWnea VJan:field5Alizigntion AL, --._'-_.,1.fitigaiion A}yamcnal.NR[GATIO~ AGREEMGNT5 QuskGao-Finel.dae
Qualchan Tnvestrnents SE ne, Inc., Viitigation Agreement
' Pines/Vlansfield Roac1 Construction Project Page 3 of 6 c,
~ SL 3
AGRFEMENT
~ cu Go
~10W, THERENOI~, in consideration of the mutual cnvenants and conditions hereai~er ~ a.N o
set forth, the Developer and the City hereto agree as follows: `n~
~
a
1. Voluntarv Ap-reement. This ALreement; including all attached documents, is a ~
voluutary agreement as that term is used in RCW 82.02.020. The miti;ation fees
charged herein are proportional to the traffic-related impacts generated by the _
Development. The parties acknowlEdge that the capital project is reasonably -
nccessary to mitigate the direct traffic impact of the Development. ln the event this
mitigation agreement is dctermined by a court to be invalid, the City shall refund the Y
uncxpended partion oi mitigation fees. FollUwing a termination of this agreeinent the
Developer shall, as reasonably required, mitigate the direct traflic impacts of the ~
Iaevelopmcnt ttlrough the State Environmentai Policy Act. ~
U
2. Yroiect Fuods. The Project is bein;; l'unded from several sources including, the ~
Washington State Department of Transportation (WSL70T), the TIB, the SR1C, the '
W
City, and private develnpers. Funds from WSDOT, TIB, SRTC and the City have ~
bcen obligateci. See "Exhibit B". ~
3. MiNgation Fce. The L7eveloper shall pay $54,926, ($303.46 per P.M. Peak Hour
Irip), which has been dctcrmined to be the 17evcloper's conlribution to the Project for
mitigation of future traffic impacts relateci to the 17evelopment. This traffic
mitigation fee shall be expendcd towards the design, right-of=way acqiusition, and
construction of the Project.
4. Pavment The parties understand at this time the Developer does not have a
definitivc project. The Iaevcloper agrees to pay the mitigation fee prior to the City's
issuance of a building a builciing permit for development of the Propertyo ur three
years from the date the parties execute this Ageenient, whichever comes rrst. A
letter of credit, savings assigunent 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 Einancial institution shall be provided to the City no later than February 25,
2005. All fees paid by the Developer shall bc used as reimbursement to the City for
the local match required for the TII3 and SRTC grants relatcd to the design, right-of-
way acquisition; and construction of the Project.
5. Site Develoament. Building permits w711 be issucd for the iaevelopment when l) this
agreement has been executed by the Developer and the City, and 2) the L7eveloper's
miligation fees have been paid in accordance with Section 4above, and 3) all other
conditions of approval of the Development required by state and loeal laws are
satisfied.
Execution of this agreement releases the Developer from the requirement of
conStructing frontage improvcments on the Propcrtp, provided said frontage
improvements arc included in the I'roject. If frontage improvements are not included
P:SWbIiC N'arksSCepicil P.ojects~Pines-~9en5feldlAtai~tion AgeememSbtiilgation ABe=aasL44R[GAT[ON AGRELMP.MS Quak'.un-Finnl.dne
Qualchan [nvestments S, ane, Tnc., Vlitigation Agreement
' I'ineslMansfield Road Consh-uction Project 1'age 4 of 6
- ~
~
in the Peoject, the Developer is responsible for constructing frontage improvements in 3
w0
addition to paying the mitigation Fees. co°~
Lnto m
~ N ~
6. Comnlianee with RCW 82.02.020. Payment collected by the Ciry will be held i.n a
mitigation fee reserve account and may only be crpended to fund the dcsign, right-of= LOa GD N
way acquisition, and construction of the Project. Paymcnts shall be expendcd within
f.ive years of collection. The City shall be entitled to reimbursement from the
mitigation fee rescrve account for any funds it may expend for the design, right-of- ~
way acquisition, and construction of the Project prior to the c.ollection of the fee. Any
Funds in the tnitigation Fee rescrve account not expended A4thin five years shall be ~
reFunded by the City -vtirith interest as provided in RCW 82.02.020.
:z
~
7. Committed P.M. Peah Hour'I rins. The City agrees to reserve up to a total of 181
P.M. Peak I-tour trips for the Property until the Dcvclopment is completc, provided ,
such reservation compliES with all federal, state and local laws at the time application
for a building permit is madc. "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 laevelopmcnt
exceeds the total number of.'reserved trips noted above, a ncw traffic study shall bc a
provided to determinc if additional lraffic mitigation is required. ~
8. Concurrenev: In accordance with the City's adopted concurrcncy standards pursuar►t
to RCW 36_70A, the P.M. Peak Haur 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. Notice: All communications, notices or demands of any kind which a parly under
this ALrreement is required or desires to give to anv olher party shall be in writing and
be cither (1) de.livered personally, (2) sent by facsimile kransmission with an
aciditional copy mailed first class, or (3) deposited in the U.S. mail, certified mail
postage prepaid, retum receipt requestcd and addressed as follows:
If'to the City: City of Spokane Valley
11707 E. Sprague Ave.; Suite 106
Spokane Valley; Wt1 99206
Fax: (509) 921-1008
Attn: City Managcr
T_F to the Dcveloper: Bryan Stonc
Qualchan Investments Spokane, Ine.
104 S. Division St.
Spokane, WA 99202
P.'1Puhlic N'aQIcs1Cap?1e1 Pmject.~PinerMnrtsfielBAtsti~tian Ageemettu116tililption Apjcements' \1RICATIOr A4KfEMF.KT$ frialc'un-Fiaal.doc
Qualchan lnvestments S, lne, Inc., Nlitigation Agreernent
' PincsMansfield Road Construetion Project Page 5 of 6
10. Suceessors. This Agreement shall be bindinE on a.nd inure to lhe benctit of the
successors and the assigns of the Parties.
11. Governina Law. This Agreement shall be construed in accordance with the laws of
the State of Wasbington. Any action for ent'orcement of this Agreement shall be
brought in a court of competent jurisdiction in Spokane County, Washington or as
otherw7se providcd by statute.
12. Modificatic►ns. No modification or amendment of this Agreement shall be valid until
the same is, reciuced to writing and exeeuced with the same formalities as the present
Agreement.
13. Waiver. No officcr, cmployee, agent or othcrwise of the City has the power, right or
authority to waive any of the conciitions 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. Renresentation. This Ageement forms a fully integrated agreement betureen the
Parties. No other understandings, oral or otherwise, regarding the subjcct matter of
this Agreement shall be cieemed to exist or to bind any of the Parties hereto. This
agreement shall meet the mitigation requireuients f'or ciirect traffic-related impacts of
the Development within the Projecl limits as described in the Project description in
Section l of the Recitals and as idencified and documented in the Ciry f ile(s)
referenced in Section 8 of the Reeitals. This aereement shall not supersede any other
conditions of approval not directly related to traffic-related impacts of the
17evelopment within the 1'roject limits.
All Parties have reaci and undcrstand all of the AgrEement, and now state that no
representation, promise or agreemcnt not expressed in thE Agfeement has been made
to induce any Party to e,cecute the same.
15. Authoritv. Both Parties to this Agreement represent anci certify that they have Full
authority and power to enter into and carry out this tAgreernent. T'he persons signing
this Agreement represent that they have authority to act for and bind their respective
principals.
5194593
Pzge° 6 of 9
6C ! 2~ 1If , CI S~~K ~ 03/24/ed6S 02:13?
Spokene Co, WR
P`VPuh5e Woi'1i'.Cayhal Pojeccs`Pic,eyAlacs£a"~f.~Si~°y.ttia~ Ag. --.__._cMiliguioo A,rreetcern.Ml'1'IGA770N AC,REFafENTS Quilchan-Fiasl.doe
Qualchan Investments S}. ane, Inc., Mitigation Agreemenl
' E'ines/iMansf ield Road Construction F'rojeel Page 6 of 6 ~
~ N 3
[iN `VITNIESS VkrE-3-ER,EQF, the Parties have executed lhis Agreement this d day of rn°
, 2005. ~ N ~
.aQ
cu .x
r ~ EL
In
nEVEL~PER: ~
~
~
QUALCHANT INVESTMEI~'TS SPOKANE, liNC.
Its:
John Stone, President
]C
O
~
'En
STATE OF V1'ASFIINGT0iN
) ss. ~
County of Spokane ) T-
T
On this ~ day nf Fo-~IbYuQ.Yl4( 2005 before me, the ~
undersi;ned, a Notary Public in and for the State of ~,VQshington, duly commissioned and n
sw,orn, personally apPeared 19h.il <~`DYI P, to me known to be the
/42(cli:3_.~ Of i /r7w fhrrG,'1 f.~ _~nP /v~G_ the
corporation that exccuted the foregoing instrument, and acknowledged the 'mstrument to be
the free and voluntiry act and deed of the corporation, for the uscs and purposes therein
mentioned, and on oath stAted thai he is authorized to execute the instrument.
WITNESS my hand and official seal hereto affixed the day and year in this
certificate above
T~m~Nen.
~I•
4r
t'trV~
Ak~'~p~J BLIn and fc~r the State of
4~PJ`T
Washington, residing at , ~0C2,6Qi'!e fi,;Q
4 ~ Z. My cammission expires:
;p.24° A. G. R. M
o Printed Name
~ '~C~
18 WASN`~.~``~
CIT , SF* 'ME VALLEY:
Davici Viercier; City Manager
A'I'" G7NX
Firis Bainbridge, City Clerl. P.5{~iplic H'orl:s'Cepiu! ProjectsiPie~ \4ansficld5Rlitigaiion Ayrc~nemsLlfitigmion fy. __..._Ws\NITIGA'I'IO~ ACRFFI~LEI.7S QuxkG~eFinal.doe
•Exhibit "A"
. .
~
i
. ~
v
~ urace ,
~
uc eye
I - ~ 45102.9011
~
N
~
_ Q.
a
- Marretta
~tet►~.
I ~ .
45102.9011
10-25-44 S26 213RODS OF W60ROD5 OF NVJ114 OF N1JU114 & N13 1J3ROD5 OF'VUSORODS OF SW11
OF NW1I4 EXC CO RDS
5194593
Page: 8 of 3
93f24/2995 82:13P
dUA 14 i tiT, ci' r JF :PW( i f.t i i~c7, ~d SpOkm. Co, WA
, Exhibit 'B'
~:i.
Pinesliltfansfield Cost Estimate
. PE ROW Gonstruction Totals
City Portion - Mansfizld Avc. (34ano Section)
Preliminary EnginPeiing $75,522
Soft Invesfi4ation S1!5,00
RighE-of-vray $600,000
Projed Sogning S2,01)0
Contingencies -1090 $75.622
Construction Engineerfng - 90".6 $75,622
Canstruction -1096 S756,220
EnvironmentaVMiSy. Ena S16,393
SubtDt2l5 $107,015 $500,000 $909.464 Sl,5i6,479
WSDOT Portion ,
DesEgn Eng[ru_+erin $200,000
RighE-of-vray (Eucl"r1) $25,000
ROW - Pfnes $100,000
Construction $1,570,464 '
Confingencims `,,65.745
Salas Tax - 8.14w $123,156
Constructicn Enqineecing 16% $262.979
Subiotals $200,000 S125,00D $ 2,022,346_OD 52.347.346
TOTAL $307,015 $725,000 $2,931,610 $3,963,825
Added 550,000 per revbed estimate from VJSDOT for additional flagging required at RR crossing.
TI3 $ 2,193,561 55%
Develapers $ 499,795 139b Gity $ SS,OOO 196
VJSDOT S 55,000 156
CNIAQ $ 1,i60,500 29%
Totzl $ 3,863,855 100%
5194593
Page: 9 0£ 9
03/2412095 02113P
u)vO, rE,T, c f Y 1F SMh ;.r3 .~b Spokane Co, WR
~