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1995, 02-22 Mitigation AgreementMITIGATION AGREEMENT THIS is an agreement entered into by and between the Central Valley School District No. 356 (hereinafter referred to as "District" and Dorothy Price hereinafter referred to as "Developer"). RECITALS 1. The Developer has submitted to Spokane County a short plat known as SP -1054- 96, more particularly described in Exhibit "A" attached hereto. This proposed short plat is located in an area which is served by the District. 2. SP -1054-96 will contain two (2) new residential unit which, upon completion, may generate new students which will have an impact on the District's capital facilities. 3. The District is currently operating over its capacity and will continue to do so when SP -1054-96 is fully developed unless additional student housing is provided. 4. The District does not have facilities available to accommodate the additional students generated by the proposed development. 5. A dispute has arisen between the parties as to the steps which should be taken by the Developer to offset the impact this development will have on the District. In order to resolve this dispute, the parties have agreed as follows: NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiently of which is hereby acknowledged, the parties agree as follows: 1. Developer and the District agree that this Mitigation Agreement is a voluntary agreement which is reasonably necessary in order to mitigate the direct impact on the District of additional students which will be generated by the development and for which there is no appropriate facilities to house such additional students. 2. In exchange for the promises of the District as contained in this Agreement, Developer agrees to make payments to the District as specified below. 3. The District hereby agrees that the performance of the conditions in this Agreement by Developer shall constitute mitigation and offset of adverse impacts of the SP - 1054 -96 development to the District. Notification will be given to Spokane County by the District that impacts to the District from this development have been mitigated as a result of this Agreement. 1 4. At the time of issuance of a building permit by Spokane County or such other municipality asserting jurisdiction over the property for construction of a dwelling, Developer or his successors shall pay in cash to the District the sum of seven hundred fifty dollars and 00/100 ($750) for each new single family residential unit. 5. The County of Spokane or such other municipality asserting jurisdiction shall not issue a building permit for any residential unit within the development without proof of payment of the sums required under this Agreement. Provided, however, that should Spokane County refuse to require the payment provided herein as a condition of obtaining a building permit, the parties agree to negotiate in good faith an alternative collection process. 6. Mitigation payments shall be used as follows: A. Payments shall be held in a reserve account and shall be expended to fund the District's capital needs which are reasonably necessary in order to mitigate the impact of the increase in student population due to the development of SP -1054-96. B. The payments shall be expended in all cases within five years of District collection; and C. Any payment not expended within five years of collection shall be refunded with interest at the rate applied to judgements to the property owners of record at the time of the refund; however, if the payment is not expended within five years due to a delay solely attributable to the Developer or builder, the payment shall be refunded without interest. 7. The parties acknowledge that the provisions of this Agreement may be affected by action of Spokane County in connection with the approval of SP -1054-96. The parties agree that if Spokane County fails to approve SP -1054-96, this Agreement is null and void. 8. The mitigation fee per unit shall not be increased or reduced for a period of three years following approval of SP -1054-96 by Spokane County. The final plat shall provide a covenant on the face of the plat for the payment of the mitigation for each lot in the final plat as provided by this Agreement. 9. The terms and conditions hereunder shall be adopted as a condition of final plat approval of the development. 10. The District shall execute any documents to release the covenant described in'this Agreement, if required by Developer or his successors and assigns upon satisfaction of payment under this Agreement. 11. This Agreement is made with reference and is intended to be constructed in 2 accordance with the laws of the State of Washington. The parties agree that the venue for any suit brought under this Agreement shall be exclusively in Spokane County, Washington. Should any provision of this Agreement be declared invalid or in conflict with any law of the State, the validity of all other provisions shall remain unaffected and in full force and effect. 12. This Agreement shall constitute a covenant running with the property described in Exhibit "A" hereto and shall be binding upon and enure to the benefit of the heirs, executors, administrators, successors and assigns of both the parties hereto. 13. This Agreement constitutes the entire agreement between the parties and no modifications or revisions shall be binding unless made in writing and signed by the parties hereto. DOROTHY J. PRICE CENTRAL VALLEY SCHOOL DISTRICT #356 11920 E. MANSFIELD #62 19307 EAST CATALDO SPO i l ll WA 99206 GREENACRES WA 99016 0\ -o AA,I.A4-4--Adatult7 `• ' ..1..!. i WM IP • Dated: Dated: / /? STATE OF WASHINGTON ) : ss County of Spokane ) On this daappeared before m '/-`-�-' to m Y personally Pe Y�y ,e known to be the individual described in and who executed e foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal this � day o ��1 , 1995. Notary Pub an f.r the. of Washington, residing at f My Commi sion Expires /7— /0 - 9? 3 STATE OF WASHINGTON ) : ss County of Spokane ) On this 67-1 day of -/Y-, 7 , 1995, before me personally appeared R. Wallace Stanley, to me known to be the Superintendent of and Secretary to the Board of Directors of Central Valley School District No. 356, the Corporation and executed the foregoing instrument and acknowledged said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public in , d f• the State of Washington, residing at -� My Commission Expires: / o 4 Legal Description EXHIBIT 'A" LEGAL DESCRIPTION FOR PRELIMINARY SHORT PLAT February 13, 1996 (Furnished by Others) Part of Lot One (1) in Block Twenty-six (26) of CORBIN ADDITION TO GREENACRES, in the County of Spokane and State of Washington, as per map thereof recorded in Book "S" of Plats, page 30, in the office of the County Auditor of said County, more particularly described as follows: Beginning at the northwest corner of said Lot one (1); thence south on the west line of said lot a distance of 379.70 feet; thence east parallel with the north line of said lot, a distance of 115.00 feet; thence north parallel with the west line of said lot, 379.70 feet to a point in the north line of said lot; thence west on the north line of said lot, 115.00 feet to the point of beginning.