5194557 - Mitigation Agreement: Pines/Mansfield
RETURN ADDRESS , 5194557
PAge: 1 of 9
Cit of S okane Valle 83/2412095 61:33P
Y p y GOl. 2 J 1 Jr, C I' r JF 5• J; j f Gi $21. SpOkdtt; C0, Wff1
11707 E. Sprague Ave -
Spokane Valley, WA 99206
Attn: Chris Bainbridge, City Clerk
Please Tvpe or Print Neatlv & Clearlv All Information
Document Title(s): Mitigation Agreement SR 27 (Pines Road) Mansfield Road Construction Project
Reference Number(s) of Related Documents
Gfefltor(S) (Last Name, First & h4Bddle Initial)
Developer. 17tomas Hamilton
Grantee(s) (tast rvamo, First 8 Middle Initial)
Mitigation Agreement with Developer noted above and City of Spokane Valley
Legel DeSCrlptlon (abbreviated form is acceptable) i.e. Section/TawnshipfRangeJ1/4 Section
45102.9111 -10-25-44;S 30 RODS OF N 43 1/3 RODS OF W 60 RODS OF SW'/. OF NW Y. EXC S
290.00 FT OF W 450.00 FT 8 EXC S 132.00 FT OF E 125.00 FT 8 EXC CO RDS
Assessor's Tax Parcel ID Number: 45102.9111
The County Auditor will rely on the information provided on this form. The Staff will not read the document to verfiy the A,ccuracy or
compleYeness of the indexing inforrnalion prov6ded herein. -
Sign below only if your document is NonStandard.
I am requesting an emergency nori-StandaM recorciing for an additional fee as provided in RCW 36.18.010. I understand Utat the
recording processing requfroments may cover up or oihsnvise obscure some parts of the text of the original document_ Fao !or non-
standard p cessing Fs $50.
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Signature of Reques mg Pa~ty
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' • 5194557
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93124/2665 01:33P
~OJ ~ 4 iT, CI' i i. S'OK h4: s2?.3b SpokAne Co, WR
YVlIT1CATION AGREEMENT
SR 27 (PiiNES ROAD) / vT.ANSF1Li..n IYUA]) C()NSTRUCTIOY PROJECT
'Ifiis Mitigation Agreement ("Aa eement') is enterEd into by and beriveen
Thomas HamiJton, ("Iaeveloper"), having offices for the transaction of business at P O Box
14686, Spokane, Washington 99214, and the City of Spokane Valley ("City"), a palitica]
subdivision ofthe State of Washington, hcreinafter.jointly referred to a.t "Parcies":
RFCTTALS
1. The City, in cooperation with Spokane County and the Wa,.~hington State
Department of °1"ransportation, is planning ta design and construct improvements to the
SR 27 (Pines Rcaad) and Mansfeld Road corridor v&rith "1"raasportation Partnership
Frogram (TPP) grant funds from the Transportation Lmprovemenl Bodrd (TTB) and
Congestion ManagemenVA.ir Quality (CMA(2) grant funds from the SPokane Regional
Transportation Council (SRTC). The name af the project is the PineslMansfield Corridor
Congestion Relief Project ("Prc~jec:t") and the purpase of this pmject is to alleviaze
existins and future traffic eongestion in this area.
The 1'roject will reconfigure the WB ramps of 1-90 at SR-27 (Pi.nes Rd.), usina the
eristing slip ramps to Indiana Ave. and Mantgomery Ave. RB off-ramp traffic Nvill use
the slip ramp lo a signalized intersection at Indiana Ave. Wl3 on-ramp traffic will use the
slip ramp at Mantgomery Ave. To unprove operation of the WB on-ramp and ensure
safety, the portion of Montgomery Ave. bctwecn Pincs Rd. and the slip ramP will be one-
way, westbound only. '1`hcreforc, to provide access to Pines Rd. for the properiies west
of Pines Rd., Mansfelci Ave. Will be improved, Mth a traffic signal at the interscction of
l4tansfielci Ave. & Fines Rd. Curb, gutter, sidewalks and bikc lanes will also be
constructed. In aritiiCian a signal will be installed at the Mirabeau Ylcwry & Pines Rd.
intersection to bring this interse.ction up to an acceptable level of serviec.
2. The Taeveloper is the o-Arner/devclopEr of certain real property generally located
within the SR. 27 (Pines Road) and Mansfield Road corridor north of Intersiate 90 legally
described in E.Yhibit "A" ("Property").
3. The Developer is developing the Property for resiclcntial ancUor eommereial uses
(che "Development") whic.h Nvill increase traffic congcstion and directly impact existing
transportatian infrastructure along the :E'ines/Mansfield corridor from and including the
on- and off-ramps at I-90. Mitigation of t)iese impacts Nvill be rcquired as part of the
development of said property.
4. The Parties are desirous of entering into an Agreement which provicies FQr the
payruent of a proportionatc share of the Arojecl in eonsideration for the allocation of a
specifieci number nfP.M. Peak Hour trips and mitigation of traffic impacLs associated
with the Development.
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• Thomas I-larnilton, Hamii«n Apartments, Mitigation Agrcement 0,4i; a
Pines/Mansfiield Road Construction Project Pagc 2 of 6 ~ o '
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5. The Developer recognizes the need to improve the traffic congcstion in the -cu-~
Pincs/Mansfield u>mdor and has ageed to financially participate in the 1'roject bp
cofltributinE a pro-rata share of the required local matching funds. The T7eveloper's pm- m
rata share is based on the total numbcr of trips previnusly estiuiated for the llcvelopmenl. ~
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6. Yursuant to RCW 43.21C.060, and RCW 82.02.020, the Cily hm the authority to
allow a payment to mitigate a direct impact t6at has been identified as a c;ansequence of a ~
proposed developmcnt. T`he City (l) has identified futurc road projects necessit:ated by
planned dcvelopment in certain areas of the City; and (2) has idencified a re.asonabJe ~
relationship bctween impacts, generated by the Devclopment to the transportation system ~
and the financial contribution tnward those i.cnpacts.
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7. To mifigate the direct impacts of the Development upon existing transportation "
facilities, the Parties are voluntarily entering into this Aereeinent pursuant to RCW ;
82.02.020. ~
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8. lt is intendcd that lhis Agreement provide funds in order to mitigate the di.rect J
traff c-relatcd impacts Uf the Developmeot upon the environmeni which have been
ideotified through the SEPA review process and documented in the City File
N0. ZE-96-84c.
. AGREEV1FNT
NUW, 'fHEREFO.FLC, in consideration af the mutual covenants and conditions hereafter
set forth, the Developer and the City herelo agree as follows:
l. Voluntarv AQrecment. This Agreement, including all attachecl documents, is a
voluntary agreemenc as that term is used in RCW 82.02.020. The mitigation fees
charged herein are proporlional to the traffic-related unpacts generateci by the
17evclopmcnt. The parfies acknowledge that the capital project is reasonably
necessary to mitigate the direct traffic impact of the DevelapmenL In the event this
mitigatiUn agreement is determined by a court to be null anci vvid the City shall
refund tlie unexpendcd portion of mitigation fees. Following a termination of this
aDreement the Developer shall, as reasonably required, mitigate the direcl lra ic
impacts of the DevelUpment through the Statc EnvironmentaJ Policy Act.
2. Proiect Funds. 'I'he 1'rojcct is being funtieci from severa.l saurces including, the
Wdshington State L`)epartment of Transportation (WSIaO'T), the T173, the SR'1'C; the
City, and private developers. 1 unds from WSDOT, TTB, SR.TC and the City have
been obligated. See "Exhibit Ti".
3. Mitif!ation Fee. The lleveloper shall pay $28,525, ($303.46 per P.M. I'ealc Haur
trip); which has been detemuned to be the Dcvelaper's contribulion to the Project for
nutigation of future traffic impacts mlated to the Development. '1"his traffic
mitigation fee shall be expended towards the design, right-of-way acquisition; and
construction of the Prqjeet.
p:1Whd{c WaielC.apiial Prtq~is~Pinef-MarssfcelQJNitiyaliaAgo6necrt~A1¢igalion Ay.......sL~4PYlGA'1'IOY AGk13PNiF1.'1' Tom Itaceihpn,Auc
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• Thomas I-lainillon, HamiiLun Aparlmenis, Mitigation AgreEment
Pines/Mansfield Road Construction Project Page 3 of fi cw)
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4. Yaymcnt To begin the design of the Project, the 17eveloper agrees to pay all, ar at
least 20% af its mitigation fee no later than February 25, 2005. A letter of credit, ry
savings assignnment, set-aside letter, or other appropriatc mechanism that givcs the ~ ti; Q
City a unilatcral right to access the funcis pursuant to this agreement from a f nancial `OQ_ 0 v'
institution shall also be provided to the City no later than February 25, 2005 for the .10
remaining 80% of the Develaper's mitigation fee. The remaining $p% of the ~
lleveloper's mitigation fef; shall be collccted by the City no later than 94-days prior lo
the Project bid date for conslruction. Thc City will notify the Developer of the
Projrc:t bid date when it is det.ermi.ticd. All fees pa.id by the Develaper shall bc useci a.~ `
a partion of the local match required for the TTB and SRTC granLs related to the
design, right-of-way acquisition, and construction of the Project. ~
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5. Sitc Dcvelonment. Building permits will be issued for the Development whcn 1) this ~
agrecment has been executed by the laeveloper and the City, and 2) the Developer's
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mitigation fees have been paid in accordance,"7th Section 4 above, and 3) all other
conditions of approval o(' the Development required by state and loeal laws are ~
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satisfied. ~
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Execution oi'this agreement rcleases the Developer from the requirement of
constructing frontage improvements on the Property, provicled said frontagc
improvements are included in the Project. l:f frontage improvements are not includeci
in the Froject, the 17cvcloper is responsible for conslructing frontage itnprovemenLs in
addition to paying the mitigation fees.
6. Comnlianee with 1tCW 82.02.020. 1'ayment eollected by the City will be held in a
mitigation fee reserve account wid may only be expended to fund the design, right-af-
way acquisition, and con.struction of the Project. Payments shall be expended within
five years of callection. The Ciry shall be entitled to reimbursement f.rvm the
mitigation f'ee reserve account for any funds it may espend for the design, ri ;ht-of-
way acquisiti4n, and construction of the Project prior to the collectinn of the fee. Any
funds in the mitigation fee reserve account not eYpcnded wilhin five years shall be
refunded by the City with interest as provided in RCW 82.02.020.
7. Cummitted P.M. Peak Hour Trins. 7`he City agrees to reservc within the Project up
co a total of 94 P.M. Peal: Hour trips for the Property until the Dcvelopment is
complete provided such reservation complies with all federal, state and local laws at
the time application far a building pcrnut is made. "Complete" is deCned as havi-nb
received all governmental permits atld approvals necessary to construct and
permanently occupy the Development. lf the total number of P.M. Peak Hour trips for
the Development excECds the total number of reserved trips noted above, a new [ra£fic
study shall be provicied to detennine if additianal traffic tnitigation is required.
8. Concurrencv: In accordancc with the City's adoptcd concurrency standards pursuant
to RCVd 36J0A, the P.M. Peak Hour trips mitigated herein shall be considered to
havc satisfied concurrency for the Project from the I7evelopment as providcd in
paragaph 7. Any remaining capacity shall be available to the general public.
P:SH~Iic Wt,rkctC4piud P,vJomsY'ir,es-M=feeCQ~N4ifiryttinn AgeementiMliligniiun Aµrcanen"111CATlON AQRPFKI'.N7 Tuai Ii=iiltuaQot
• t 0.
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- Thpmas Hamilton, Hamin.on Apartmenls, MitigatiUn Agrcement ~ 03
Pines/Mansfield Rnad Construetion f'roject I'age 4 of 6 GD o
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9. Notice: All communications, notices or demands of any kind which a party under
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this Agreement is required ar desires ta give to any Uther part'y shall be in wriling and 0co
be either (1) delivered personally; (2) sent by facsimile transmission with an
additiona) copy mailed fi.rsl class, or (3) cieposited in the U.S. mdil, certified mail
postage prepaid, return receipt requested and addresseci as follows:
If to the City: City of Spokane Vdlley
l l 707 E. Sprague Ave., Suite 106
Spokane Valley, WA 99206 ;
Fax: (509) 921-1008 ;
Attn: City Manager 1-
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If to the Developer: Thomas i-Tamilton . ~
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PO Box 14686 =t
Spokane, WA 99214 ~
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10_ SuccGssor-s. This Agreement shall be binding on and inure to the beneft of the
succe.ssors and the assigns of the Parties_
11. C c►verninQ Law. This Agreement shall be construed in accordance with the laws of
the State of Vdashington. A.ny actian for enfarcement of this Agreement shall bc
broueht in a court of competent jurisdiction in Spokane County, Wa.shington or as
othErwisc provided by statute.
12. viodifications. 'Nfo modification or amendment of this Agreement shall be valid until
the same is reduced to writi-ng and executed writh the same formalities as the present
Agreement.
13. Waiver. No officer; employee; agent or otherwise of the City has the power, right or
authorily to waive any of the conditions ar provisions to this Agrccmcnt. 'NlO waiver
ar any breac:h of this Agreement shall be held to be a waiver of any other or
subsequEnt brcach.
14. Re[►resentation. This Ageemeiit forms a fully integrated agTeement between the
1''arties. No other understandings, oral or otherwise, regarding the subject maller of
titis Agreement shall be deemed to exist or to bind any o1'the Parties hereto. This
agreement shall meet the mitigation requiremenLs fpr direet traf'-fic-relateci impacts of
the Development w7thin the Prpject limits as describExi in the Project descriplion in
Section 1 of the R.ecitals aild as identified and documented in the City File(s)
referenced in Section 8 of the Recitals. 'nis agrecment shall not supcrsede any other
cnnditinns nf approval nnt directly related to traffic-relaled impacts o1'the
lleveloprnent within the Project limits.
P,U'uTlic N'orksK;npfq{ projcctslP{.-,es-~1ar~cf'u~,~thgtinn npfeemem"litigminn AgeememAhtR1CATVON AGRELISEM Tam Iie.itiltaadoc
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% 'I"homas f-lamilton, Hamilcon Apartroents, fvlii.igat.ion Agrccmcnt
Pines/Mansfield Road Construction Project Paae 5 ot 6
All Parties have reaci anci understand all of the Agreement, and now siate that na
representation, prpmise pr agreement not cxpresscd in thc Agreement has been made
to induce any Party tU execute the samc.
15. Authoritv. Both Farties to this Agreement represent and certify that they have i-'ull
authority and power to enter into anci carry out this Agrcemcnt. T'be persons signing
this Agreement represent that they have aulhority to act for and bind their respective
principals.
5194557
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W''c4/2005 81:33P
i,d! .~,ME IT, CI"f JF j.'JKR 4 Spokane Co, 1!A
P:5W66t War1:slCapifnl Pmje=l4isez-Ma¢evd1AGtip6ua Agtanncn191A1itiga16Un Aµtctmcnis'J.1ITIGATLON ACRF.EVSENf Tan Hamiltuamuc
• Thomas Hamilton, Hamilton Apartments, Mitigation Agreement
Pines/Manslield Ro<id Const:ruckion Project Page 6 of 6
TN W11NLSS WI=IETLEOF, lhe Parlies have cxecutcd this Agreement this _/Ota._.day oF
FEB,~Qa 40-4 , 2005.
1
DFVELQPER: By: Its:
t~(omas Hamilton
5194557
Page : 7 af 9
STATF, 0F WASHlNGTON ) W M if, tI 'r jF ~,t„ j hG ~ Rr. ~ SpokaneOCa ej~33P
) ss.
County of Spokane )
On tbis I d~~ day of 2005 before me; the
undersi~led, a~Tntary Public in and for thc Stat of ~asbi.ngton, duly cammissioned and
sworn, persoua.lly appeared '}lo !Y1 R-S D•-f-~!} /h 1 L To Id to me known to be the
O w NEK. of , the
caqeukivri-that exccuted the foregoi.ng instrument, and acknowlEdged the instnlment to be
the free and voluntary aet and deed of the corporaticm, for the uses and purposes therein
mcntioned, and on aath stated that he is authorized to execute lhe instrument.
WI"1`NLSS my hand and otlicial seal hcreto affixed the day and year in this
cerlificatc above "ritten.
.,--J a
oy ssio~r . q %
NO~ARY #UBLIC; in and f,~jr the State of
~ woraqr 9~ : Wa.Shington, residing at ~ 1"U ~i4r~l~
pu80c My commission expireA 9,:14ZQ'1-J
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yf 1. ~'p1°•~ Fri.nted T4ame
00
~l-'I1~~ ~ PO NE VAI~i~FY:
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Taavid Mercier, City Managcr
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A . OVFP- A rORM:
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hris Bainbrige, City Clerk ~ Cary Dlkcll; DeputLCAy Attorney
P:V`u61k Wat4elCapital Projo~UWirsa-Afartslkld~4iti$uinn AgreemewNlaigatian AWacnmtsLMlTiCiATfDN AGi"-\GENTTom Itemilmadoc
1 ' . " .
. Exhibit "A"
Marietta
1 45102.9111
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45102.9111
10-25-44:S30RODSOFN431l3RODSOFVJ60RODSOFSW1I40FMN1/4EXCS290.OOFTOFW
450.00 FT & EXC S132.06 FT OF E 125.00 FT 8 EXC CO RDS
5194557
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Exdtibit'S'
Pines/Mansfield Cost Estimate .
PE ROW Construction TotalS
City Portion - R.7ansfield Ave. (34ane Sedion)
Preliminary Engineerina $75,622
So7s Investigation $15,d00
Right-of-wey $600,000
Project Signing $2,000
Con6ngen-cies -1095 $75,522
Construction Engineering - SO°.o $75,622
Construttion -10% $756,220
EnvfronmentaVAAisc. Enq $16,393
Subtotals b107,015 $600,400 $309,464 $1,618,479
WSDOT Portion • '
Design Engineering $200,000
Right-of-vtay (Euclid) $25,000
ROW - Pines • 5100,0D0
' Construction . $1,570,464 '
Contingencies $65,745
Sa1es Tax - 8.1 % Si 23,156
Construdion Enqineerinq 16% $262.979
Subtotals $200,004 $125,000 $ 2,022,346.00 $2.347.345
TOTAL $307,015 $725,000 $2,931,810 ' $3,963.825
' Added S50,000 per 2vised estimate fram WSDOT for additional flagging requir2d at RR cressing.
TIS $ 2,193,561 55%
Oevalopars $ 499,795 1390
City $ 55,000 196
WSDO7 $ 55,000 1% •
ChhAQ , 5 1,160,500 29% .
Tofa l S 3,963,356 100%
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