16-189.00 Big Sky Homes: Mica View Traffic Mitigation DEVELOPMENT AGREEMENT FOR MICA VIEW TRAFFIC MITIGATION
Big Sky Homes,do Travis Paske
This Development Agreement ("Agreement") is entered into between Big Sky Homes, do Travis Paske,
its successors and assigns ("Developer"), a Washington corporation, having offices at P.O. Box 147
Greenacres, WA 99016, and the City of Spokane Valley("City"), a municipal corporation of the State of
Washington,hereinafter jointly referred to as"Parties":
RECITALS
1. This Agreement is entered into by the Parties pursuant to RCW 82.02.020, to provide a financial
contribution toward future transportation improvements that mitigate increased traffic volumes generated
by the development as proposed in the Developer's preliminary plat, PE-2050-15, impacting the
intersection of Sprague Avenue and Barker Road.
2.Developer is the owner/developer of certain real property generally located within an area located south
of Sprague Avenue, approximately 350 feet southwest of the intersection of Henry Road and Sprague
Avenue,in unincorporated Spokane County(herein collectively referred to as"Property").
3.The Property covers a total of 7.2 acres of land.
4. The Developer has received approval of the preliminary plat identified as Mica View, a residential
development (herein collectively referred to as the "Development"), which will increase traffic
congestion and directly impact existing transportation infrastructure at the intersection of Sprague Avenue
and Barker Road located within the City. Voluntary mitigation of these impacts has been required as part
of the approval process for the final plat pursuant to the Hearing Examiner Findings, Conclusions and
Decision (PE-2050-15) entered into on the 4th day of April, 2016 and approving the preliminary plat for
the Property,which contains the following condition of approval:
CITY OF SPOKANE VALLEY—TRANSPORTATION SERVICES:
1. Spokane Valley has determined that improvements are needed at the intersection of Barker
Road and Sprague Avenue. The need for improvements is in part due to traffic generated by
continued development within the area, including the current project. As such, the City has
established a mitigation fee of $10,599 which shall be paid by the applicant as its
proportionate contribution to the mitigation project. This mitigation fee shall be used for
design and/or construction of improvements at the intersection.
2. Prior to any final plat,the applicant shall enter into a development agreement with the City of
Spokane Valley to make such proportionate share contribution towards improvements at the
intersection of Barker Road and Sprague Avenue. (Emphasis in original).
5. The Parties are desirous of entering into an Agreement which provides for the voluntary payment of a
proportionate share of improvements deemed necessary at the intersection of Sprague Avenue and Barker
Road which are a direct result of traffic impacts associated with the Development.
6.The Parties have agreed that the proportionate share of improvements for Mica View shall be paid prior
to approval of the final plat.
7. The voluntary mitigation fee has been established for improvements deemed necessary at the
intersection of Sprague Avenue and Barker Road. The cost for the improvements has been identified to be
$365.50 per PM peak hour trip.
8. The Developer has identified 37 lots for single family dwellings in the low density residential zone as
approved in the preliminary plat. Page 4 of the Trip Generation & Distribution Letter (TGDL) for the
Development, dated October 22, 2015, states that 80 percent of the trips generated by the Development
are anticipated to travel to/from the west of the Property via Sprague Avenue towards Spokane Valley.
Figure 3 of the TGDL identifies 18 PM peak hour trips entering the property and 11 PM peak hour trips
exiting the Property thereby traveling through the Sprague and Barker intersection totaling 29 PM peak
hour trips entering/exiting the intersection of Sprague and Barker. Accordingly, the parties agree that
Developer is responsible for $10,599 for mitigation ($365.50 per PM peak hour trip x 29 PM peak hour
trips).
9. Pursuant to RCW 82.02.020, the City has the authority to allow a payment to mitigate a direct impact
that has been identified as a consequence of a proposed development. The Parties (1) have identified
future transportation improvements necessitated by the planned development of the Property; and (2)
have identified a reasonable relationship between impacts generated by the development of the Property
to the transportation system and the Developer's financial contribution toward those impacts.
10. To mitigate the direct impacts of the development of the Property upon transportation facilities as
identified in the Study, the Parties are voluntarily entering into this Agreement pursuant to RCW
82.02.020.
AGREEMENT
NOW,THEREFORE,in consideration of the mutual covenants and conditions contained herein,
the Developer and the City hereto agree as follows:
1. Voluntary Agreement. This Agreement, including all attached documents, is a voluntary agreement
pursuant to RCW 82.02.020. The Developer's contribution is proportional to the traffic impacts created
by the Developer's new development. In the event this Agreement is breached by the Developer,all of the
City's obligations under this Agreement shall terminate. In the event this Agreement is determined by a
court to be invalid, the City shall refund the Developer the unexpended portion of the voluntary
mitigation fees,and the City's obligations under this Agreement shall terminate.
2. Projects. The project shall consist of improvements at the intersection of Sprague Avenue and Barker
Road as deemed appropriate by the City of Spokane Valley, and may include a traffic signal or other
necessary traffic control device(s). The voluntary mitigation fee shall be based upon the cost of the traffic
signal.
3. Mitigation Contribution. The Developer agrees to pay $365.50 per PM peak hour trip to mitigate
future traffic impacts resulting directly from development by the Developer at the intersection of Sprague
Avenue and Barker Road. Page 4 of the Trip Generation & Distribution Letter (TGDL) for the
Development, dated October 22, 2015, states that 80 percent of the trips generated by the Development
are anticipated to travel to/from the west of the Property via Sprague Avenue towards Spokane Valley.
Figure 3 of the TGDL identifies 18 PM peak hour trips entering the property and 11 PM peak hour trips
exiting the Property thereby traveling through the Sprague and Barker intersection totaling 29 PM peak
hour trips entering/exiting the intersection of Sprague and Barker. The total mitigation fee is $10,599.00
($365.50 per PM peak hour trip x 29 PM peak hour trips). These voluntary mitigation fees have been
determined to be the Developer's proportionate share contribution to the Project for mitigation of future
traffic impacts related to the development of the Property by the Developer.This voluntary mitigation fee
shall be used for the design and/or construction of the improvements to the Sprague Avenue and Barker
Road intersection.
4. Payment. The Developer agrees to pay all of the above identified voluntary mitigation fees. Payment
for Mica View impacts shall be paid within 30 days after receiving notice from the City.
5. Compliance with RCW 82.02.020. Payment collected by the City shall be held in a mitigation fee
reserve account and may only be expended towards the design,right-of-way acquisition, and construction
of the projects identified in the Study or as amended by the City. The City shall be entitled to
reimbursement from the mitigation fee reserve account for any funds it may expend for the design and
construction prior to the collection of the fees. The mitigation fee payment shall be expended by the City
within five years from the date of payment by the Developer. The City shall be entitled to reimbursement
from the mitigation fee reserve account for any funds it may expend for the design or construction prior to
the collection of the fee. Any funds in the mitigation fee reserve account not expended within the five
year period identified above shall be refunded by the City with interest as provided in RCW 82.02.020.
6. Notice. All communications, notices or demands of any kind which a party under this Agreement is
required or desires to give to any other party shall be in writing and be either:
(a)Delivered personally;
(b) Sent by facsimile transmission with an additional copy mailed first class; or
(c)Deposited in the U.S.mail,certified mail postage prepaid,return receipt requested and
addressed as follows:
If to the City: City of Spokane Valley
11707 East Sprague Avenue, Suite 106
Spokane Valley,WA 99206
Fax: (509)921-1008
Attn: City Manager
After September 30,2017:
10210 East Sprague Avenue
Spokane Valley,WA 99206
If to the Developer: Big Sky Homes
do Travis Paske
P.O.Box 147
Greenacres,WA 99016
7. Successors. This Agreement shall be binding on and inure to the benefit of the successors and the
assigns of the Parties.
8. Governing Law. This Agreement shall be construed in accordance with the laws of the State of
Washington. Venue shall be in Spokane County, State of Washington. All disputes arising under or
related to this Agreement that cannot be resolved through informal discussion and negotiations shall be
resolved by litigation filed in the Superior Court for Spokane County, unless otherwise required by
applicable federal or state law.
9. Modifications. No modification or amendment of this Agreement shall be valid until the same is
reduced to writing and executed with the same formalities as the present Agreement.
10. Waiver. No officer, employee, agent or otherwise of the City has the power, right or authority to
waive any of the conditions 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.
11. Representation. This Agreement forms a fully integrated agreement between the Parties. No other
understandings, oral or otherwise,regarding the subject matter of this Agreement shall be deemed to exist
or to bind any of the Parties hereto. All Parties have read and understand all of the Agreement, and now
state that no representation, promise or agreement not expressed in the Agreement has been made to
induce any Party to execute the same.
12. Authority. Both Parties to this Agreement represent and certify that they have full authority and
power to enter into and carry out this Agreement. The persons signing this Agreement represent that they
have authority to act for and bind their respective principals.
,i uted this /3 day of December,2016.
DE : , it 'ER:
By: Its: leV1e
Name:
STATE OF WASHINGTON )
)ss.
County of Spokane )
13 / �
On this_day of /-eGP�fl 2016 before me, the undersigned, a NotaryPublic in and
for the State of Washington,duly commissioned and sworn,personally appeared 1rn.x�tS \- J -&.
to me known to be the y of Skti ,S 4, ()tuc c5p v k (•.L.L
, the corporation that executed the foregoing instrument, and acknowledged the instrument
to be the free and voluntary act and deed of the corporation,for the uses and purposes therein mentioned,and
on oath stated that he is authorized to execute the instrument.
WITNESS my hand and official seal hereto affixed the day and year in ' ertificate above written.
NOTA•Y PU C,in and for the State of Washington,
residing at �pi�ezete CG-t-7pi
My commission expires: 0 G+, la 1 ZO Z G
44 I tO Son 'dei rner3
Printed Name
CITY OF SPO V LEY:
Mar alhoun,City Manager
ATT. :T/ APPR•VED AS TO FORM:
...„'stine Bainbridge,City Clerk Offic. of the City Attorney
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