5194672 - Mitigation Agreement: Pines/Mansfield
5194672
RETURN ADDRESS Page' I or 9
GO! t~ if,
83/24/2005 CI f JF ,~~OX I F 6~ $ei. ~t Sp kaneCo, 0~~5P
City of Spokane Valley
11707 E. Sprague Ave
Spokane Valley, WA 99206
Attn: Chris Bainbridge, City Clerk
Please Tvpe 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
Grantor(s) (Last Name, First 8 Middle Initial)
Developer: SVG.View Ranch Estates, LLC
Grdntee(5) (I..ast Name, First & Middle Inidiaf)
Mitigation Agreement with Developer noted above and City of Spokane Valley
Legal DeSCflptton (Abbreviated form is acceptable) i.e. SectionlTawnshiplRange1114 Section
45091.9002 09-25-44 PTN OF SW Y. OF NE Y. DAF; BEG AT SE COR OF N Yz OF SW'/. OF NE'/.
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 R/W TH NWLY ALG SD CANAL R/W TO NL TH E TO NE COR TH S TO POB EXC
SPO VALLEY IRR CANAL R/W
Assessor's Tax Parcel ID Number: 45091.9002
The County Audifor will reFy on the information provlded on this lorm. The Staff tivill not read the document to verify lhe Aocuracy or
compteteness of the indexing information provoded herein_
Sign below onty if your document is Non-Standard.
I am requestfng an emorgency non-standard recording for an additional fee as provided in RCW 36.18,010. I understantl that the
retotdfng prac ing requirements may cover up or athenvise obsaure same parts of the text of the original document. Fee far non-
stand pra ing is $50,
i~ture of Reque ting0iarty
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NTfT1CATlON AGREEMEn`T
SR 27 (PINFS ROAn) / vIANSFIELU ROAD CQNSTRUCTiOV P1tOJECT
'1`his Mitigatian Agreement ("Agreemcnt") is ent.ereti into by and behveen
SVG•View Raneh Estates, LLC;, ("llcvclopcr"), a WaShingi:on Limited Liability
Corporalion, having offices for the transaction of husiness at 2910 E l 3`f' Avenue; Spokane,
Washingion 99202, xnd the City of Sp4kane Valley ("City"), a political subdivision of the
State of Washington, hcreinafler jointly ref'erred to as "Parties":
RECITALS
1. The City, in cooperation with Spokane County and the Vdashington State
Departuient of'1'ransportation, is plann.i.ng to design and construct imprcvemenis to the
SR 27 (Pines Road) and Mansfield Road corridor with Transporlation i'artnership
Program (TPP) grant funds from thc 'I'ransportaticm lmprovement Board (TLE3) and
Congestion ivlanagemenUAir Quality (CMAQ) grant funds from the Spokane Regional
Transportation Council (SRTC). The name of t.he project is thc Pines/Mansheld Corridor
Congesfion ]Zelief Project ("Project") and the purpose of t.his projcct is to alleviate
existing and future traft7c congestion in this area.
'1'he Projet:l will reconfigure the W*B ramps of I-90 al SR-27 (F'ines Rd.), using the
exisling slip ramps to Indiana Ave. and Montgomery Ave. WF3 off ramp trafCc will use
the slip earnp to a signalized interseclion at Indiana Ave. W13 on-ramp traffic will use the
slip ramp at Montgomery Ave. To vnprove operation of the WE,i on-ramp and ensure
safety; the portion of Montgomery Ave. between Pines Rd. and the slip ramp will be one-
way, westbound only. '17hereforc, to provide access to Pines Rd. for thc propErties wesl
of Pines R.d_, Mansfield Ave. will be improved, wikh a traffic signal at the intersection of
Mansfield Ave. & I'uies Kd. Curb, gutcer, 5idewal.ks and bike lanes will also be
cnnstructed. ln additian; a signal will be installed at tlle Mirabcau Pkwy & Pines Rd.
intersection to bring this interseclinn up to an acceptable level of service.
2. The Developer is the owmer/developcr of certain real property generally locatcd
with_in the SR 27 (Pines Roaci) and viansfielci Road corridor north of Inlerstale 90 legally
described in Fxhibit "A" ("Property").
3. The Developer is developing the Property fpr residential wid/or commcrcial uses
(the "Develppment") which will increasc traffic eongestion and directly impact eristing
transporlatinn infrastructure along the PinesJMansfeld corridor f_rom and including the
on- and offi=ramps at 1-90. Mtit,ieation of these impacts w711 be requi.red as part of thc
development of saici praperty.
4. The Parties are desirous of'enterinb into an Agreement which provides for the
payment of a proportionatc share of the Project in considetation for the allocation o1'a
specified number of P.M. Peak Hour trips and mitigation of lraffic impacts associated
with che Development.
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• SVG.View Ranch EstatL Aitigation Agreen Page: 3 0£ 9
Pines/iMansfield Road Construct.ion Project I_ 03124/2093 83:95P
GO!ONME {T, CI' Y~F 5' K F~G , k.. jd Spakane Go, 41A
5. The Deve]aper recognizes the need to improve the traffic congestion in the
Pines/Mansfield corridor and has agreed to fina.ncially participate in the Projecl by
contributing a pro-rata share of the rcquircd local matching funds. The DEVeloper's pro-
rata share is based on the total number of trips previolisly estimated for the Develapment.
6. Fursuant to RCW 43.21C.060, and RCW 82.02.020, the City has the authority to
allow a paymcnt to mitigate a direct impact lhat has been identified as a consequence of a
proposed dcvclopment. The City (1) ha,.s iclenki6ed fulure rnad projects necessitated by
planned development in cercain area..~ oF the City; and (2) has identified a reasonable
rclationship between impaets generated by the Developmeut to the transportation systcm
and the financial contribution toNvard those impacts.
7. To mitigate the direct impacLs of the laevelopiiient upon existine transportation
facilities, the Parties are voluntarily entering into this A;reement pursuant to RCW
82.02.020.
Tt is intended that this A€;recment provide funds in orcier to mitigaie the direct
trafFic-related impacts of the llevelopment upon the environment which have been
identified t}uouah the SLPA revicw process and documented in the City File
No. ZL-44-94.
AGREEMEn'T
NOW, TI-ILRLPOTZL, in consideration af the mucual c:wvenants and conditions hereafter
set forth, the Developer and the City herela agree as follows:
Voluntarv Ap-reement. This Agreeme.nt, including all attacbed documents, is a
volunlary agreement as that tern.i is used 'ui RCW 82.02.020. 1"hc mitigation fees
charged herein are proportional to the traffic-related impacts generateci by the
Taevelapment. The parties acknowledge that the capital projecl is rea.scmably
necessa..ry to mitibate the dire_ct traffic impact of'lhe DeveloPment. Tn the event this
mitigation agreement is determined by a court to be null a,nd void the Cit}, sliall
refwid the unexpended portion of mitigation fccs. followi.ng a terminalion of this
agreement the Develcaper shall, a,s reasonably required, mitigate the direct traffic
impacts of the Development lhrough the State Environrnental Policy Act.
2. Proiect Funds_ The Project is being funded from scveral sources including, the
Washington State Deparlment of 1°ransportation (WSDU I'), the TIB, the SRTC; the
City, anti privale deve]oPers. Funds from WSDOT, 1113, S1ZTC and the City have
been obligatcd. See "Exhibit B"
3. M.itiu-ation Fee. The llevcloper shall pay $28,222, ($303.46 per P.M. Peak Hour h-ip),
tivhich ha.s been deternvned to be the Developer's contribution ta the I'roject for
mitigation of future traffic impacts related ln the Develnpment. This traffic
mifigation fee shall be e:cpended towards the dcsign; right-Qf-way aequisition, anci
construction of the Projecl.
P.N'uhlec Wmt3t(',apCSl ~SPincrMans~'ic1Q~liti$itiun AgroemenLOlitiyriion qy -•WITIGATlO'SAGR[EA1L• NT Culos ti-ididoc
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' SVG.View R.anch Estat, .✓litigatian Agre Page: 4 of 9
Pines/Mansfield Road Construction I'rojcct 03/2412095 631 05P
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Tlie mitigation fee abvve is based upon the Develope•r's currenl request for an
increaseci numbcr Uf lots. If the iucreased number of requcsteci lots is nal approvcd
by the City, the City agrccs lo refund the difference be.hween what has been paid and
the amount owed based upon the number of approved 1ots.
4. Pavment To beein the design of the 1'roject, the Dcveloper agrees to pay all, or at
least 20% of its mitigation fee no later than February 25, 2005. A letter of credit,
savings assignmcnt; set-aside letter, or other appropriate mcchanism ttldt gives the
City a un.ilateral right to access the funds pursuanc to this agreement from a f nancial
institulian shall also be provided to the City no later than February 25, 2005 for the
remaining 80% of the Developer's mitagation fee. '1'he remaining 80% of the
T)eveloper's nutigatinn 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 nf the
Project bid date when it is detennined. All fecs paid by the Developer shall be used as
a portion of the local match required fnr the '1'IB and S1ZTC gants related to the
design, right-of.-way acquisition, and coustruction of the Project.
5. Site Dcvelonment. 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 Seetion 4 above, and 3) all other
conditions of approval of the Development requireci by state and local laws are
satisfied.
Eaecution of this agreement rcleases the Developcr from the requirement of"
r.onstructing frontage improvements on the Property, providcd said frontage
improvements are included in the Project. If &ontage improvements are noi includeci
in the Project, the Developer is responsible for construct:i.ng frontage impravements in
addition ta paying the m.itigation fees.
6. Cc►mnliance with 1tCW $2.02.020. E'ayment collecleci by the City wrill 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 Froject. Paymcnts Shall bc expended within
five years of collection. The City Sha11 be entitled to reimburscment from the
nutigatian fee reserve account for any funds it may e:cpcnd for the design, right-of-
way acyuisition, and construction of the Froject prior to the collection of the fee. Any
funds in the mitigation fee reserve account not exnended within five years shall be
refunded by the City witti interest as provided in KCW 82.02.020.
7. Cummitted P.M. Peal: Hour `Crips. The Ci1y agrees ia reserve within the Prnject up
to a lotal of 93 P.M. .Peak Haur trips for the Property unt.il the .T7evelopment is
complete provided such reservation complies w7th 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 ttic Development. 1f the total number of P.M. Peak IIour trips for
the Development e?,ceeds the tata] number of reserved trips noted above, a new trafEic
study shall bc provided to determine if'additional traffic mitigation is requirecl_
P:Wtblic U'orkySCattiu! Pcqeqs,I'inrr.~StasfiddLNitiyatam AgeemcWAlitiption ABeememSJ.1771CAT[ON AGNMSENT C=Icu I,tnd&dnc
• • 5194672
SVG•View Ranch l;stat, Riligation Agreer Page: 5 0£ 9
I'ineslMansfield Rnad Consi.ruction Proect 0?Jc4l2095 83,95P •
~ WJ_.ttf_.t, SpokanP Co, uA
8. Coneurrenev: In aceordance with the City's adopted eoncurreney slandards pursuant
to RCW 36.70A, the Y.M. F'eaE: liour trips mitigated herein shall be c;onsidered to
have satisfied cancurrency for the Project from the 17evelopment as Provided in
paragraph 7. Any remaining capacity shall be available to the gcneral public.
9. Notice: All communications, notices ar demands of any kind which a party under
tlus Agreement is requircd or desires to give to dny othcr party shall be in writing and be cither (1) dclivered personally, (2) sent by facsimile transaussion with an
additional copy mailed first class, or (3) dcpasited in the U.S. mail, certifieri mail
posfage prepaid, return receipt requested and addressecl as follows:
ICIo the City: City of Spokane Valley
11707 L. Spraguc Ave., Suite 106
Spokane Va.lley, WA 99206
Fax: (509) 921-1008 Attn: City Manager
If to the Developer: Carlos Landa
SVG•Vicw Ranch Estates, LLC
2910 E 13`h Avenue
Spokane, WA 99202
10. Successors. This Agreemcnt shall be bi.nding c>n and inure to the benefit of the
successors and the assigns ot"the 1'arties.
11. Gc►verninQ Law. This Agrcement shall be construed in accOrdance ,Mth thc laws of
the Statc of `Vashingtan. Any action f'Ur enforcement of this Agreement shall be
brought in a court of competent jurisdielion in Spokarie County, Wash.ington or as
othenvise provided by statute.
12. Modifications. No modification or amendment of'this lAgreement shall be valid until
the same is reduced to writing and executed wilh the same forrnalilies as the present
Agreement.
13. Waiver. No officcr, employee, agent or otherwise of the City has the power, right or
authority to waivc any of the canditions or peovisions to this Agreement. No waiver
or any brcach of this Agreement shaJl bc held to bc a waiver of any other pr
subsequent breach.
14. Rcnresentation. This Agreemeut forms a fully integrateci agreement beriween the
Parties. No other understanciings, oral or othenvise, regarding the subject matter of
this Agreement shall be cleemcd to e.rist or to bind any of the Parties hereto. "1"his
agreement shall meet t11e miTigation requirements for direct traffic-related impacts of
the Developroent within the Project limits as described in the Froject aescription ui
Section 1 of the Recitals and as identified and documented in the City File(s)
refereticcd in Section 8 of the R.ecitals. This agreement shall not supe.rsedc any other
conditions of apprnval not ai.rectly related to traffic-related 'unpacts of the
I'.Vublie WmWC,apilel PrajaasYines-M11u~efdJ.laigmion A{TccememsU.litfaatitrn Agre~li5,~9RIGATIOA' ACSIh;ENSCNT Gvlps I,aaQtdoc
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Pines/Marisfield Road Const.ruct.ion Project Page~ 6 of 9
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Development Nvithin the Project limits.
All Parties have read and understa.nd al.l of the Agreement, arld now state that no
representation, promise or aereement not erpressed in the Agreement has been made
to induce any Yarty to eYecute the same.
15. Authoritv. Both Parties to this Agreement represent and certify that they have full
authority aod power to enter into and carry out this Agreement. The persons sign'vig
this Agreeinent represent that they have authority to act for and bind ttieir respective
principals.
P.VuLlic WSxtxVCnpiul fR.iit~Pin~.Ylnnsfie1d1A1itigptinn AgetmrntxlAlitigta(nn AgrbememOMl'I'ICu1Tl0 V AGREE\LENT Cnrlr. l-b dtu
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PineslMansficld Road Construction F'ro ect 03/24/2005 63:05P
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IN WITNESS WI-iL°"KL`°'UF, ttie Parties have executed this Agreement this ~ day of
2005.
DT VFL,OPFR•
5VG•View Ranc ta s, LLC,
By: ~ Its: ~-~s~r .►-....d~.~
Carlos Landa
1
S'1'A 1'L OP WASI IINGTON )
)S5.
County of Spokane )
y~ I
pn this g day of T. 2005 before me, the
undersigned, a Nlotary Public in and for the Statc of Washington, duly commissioneci and
sworn, personally appeared ~-A' f' L~ to me lcnown to be the ewV4 f-~
_.-P- e- .,►G, -t of~~~ ~ -c < e , the
c;orparatic>n lhat exeeuted the fon.going instruinent, and acknowledged the instrumcnt to be
the free arid voluntary act and de.ed ca1' the corporation; for the uses aud purposes therein
mentioned, alid on oath stated thai he is authorized to execute the instnuvent.
WITNFSS my hand and official 5ea1 hereto affixcd the day and year in this
certificatc a , - - •itten.
sgµa~c p~
~ U~o,~~ Y~, Z NO~I'ARY PUI~I,IC, in and fi~r the Stat~ of
iQ/.~
Washington, residing at U-)A
N R~~c
P~~ ~ My commission expires: j-07/A, 7~
S, P. P'e&rsa~
~OF Wp„y1` Printed Name
CiTY 4F SPOKANE VAI,L:EY:
.
~ s~n?.
U-avid Mercier, City Manager
_S : 7~ry OVE ORIJI:
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Ch.ris F3ainbri~ige, City C/erk Dr 1: ll, De~~i.tty ,ity Attorney
P:U'ubCit N'nrl's'A;api~xl Prujcsl5U9ntSA7amficldl~Citygti{nei /y.,._.-s".Wtguifm Ageemem3Wft1CA'IION AGREEMENT Wu6l,unddduc
, . Exhibit "A"
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45091.9002
09-25-44 PTN OF SW114 OF NE1l4 DAF; BEG AT SE COR OF N1l2 OF SW114 OF NE1I4 7W W TO PT aF IN1'ER OF EL OF CO RO
1404 EXTD N TH N ON EXTD LN TO NL OF S?O VALLEY IRR DIST CANAL RNV TH MNLY ALG SD CANAL RIIN TO NL TH E TO
NE COR TH S TO P08 EXC SPO VALLEY IRR GANAL RNV
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Pines/Mansfield Cost Estimate
PE ROW Construction TOtaIS
City Portian - Mansfiold Ave. (3-lane Section)
Preliminary Engineering $75,622
Soiks Investigation $15,000
Right-of-way $600,000
ProjeG Signing $2,000
Contingencies -1096 $75,622
ConsUuction Engineering - 1096 $75,622
Construction - 1096 S756,220
EnvironmentaUAAisc. Eng $18.393
Svbtotals $107,015 S600,000 $909,464 $1,616,479
WSDOT Portion
Design Engineering $200,000
Right-of-►vay (Eudid) $25,000
ROW - Pines $100,000
Construction $1,570,464 •
Cantingencias 565,745
Sales Tax - 8.1% $123,158
Construction Engineerino 5690 $262,979
Subtotals $200,000 $125,000 $ 2,022,346.40 52.347.346
TOTAL $307,015 $725,000 $2,931,610 $3,963,825
' A,ddad $50,000 per ravssed estimate from WSDOT for additional flagging required at RR crossing.
TIB $ 2,193,561 55%
Developers $ 499,795 13% -
City $ 55,1300 196
wsnoY $ 55,000 i%
CMAQ $ 1,160,500 2996
7otal $ 3,963,655 7009'0
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631241E985 03185P
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