17-182.00 KJLJ LLC: Estates at Ruddell Traffic Mitigation q't
VOLUNTARY MITIGATION AGREEMENT FOR THE ESTATES AT RUDDELL TRAFFIC
MITIGATION
KJLJ,LLC
This Voluntary Mitigation Agreement ("Agreement") is entered into between KJLJ, LLC, its successors
and assigns ("Developer"), a Limited Liability Company, having offices at 322 North University Road,
Spokane Valley, WA 99206, 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
from the Developer's development at the Estates at Ruddell(the"Project").
2.The Project is a subdivision of approximately 33.5 acres into 130 lots for single-family dwellings on a
site located east and adjacent to Chapman Road, west of Barker Road, in the unincorporated area of
Spokane County.
3. The preliminary plat for the Project was approved pursuant to the Spokane County Hearing Examiner
Findings of Fact, Conclusions of Law, and Decision for File No. PE-2033-13 on September 18th, 2014
(the"Hearing Examiner Decision").
4. Pursuant to Findings of Fact Nos. 55 and 56 of the Hearing Examiner Decision, the City identified
impacts from the Project at the intersection of Barker Road and Sprague Avenue, and tentatively
identified a mitigation fee based on the TIA for the Project. Any such mitigation would be used by the
City to fund improvements at the Barker Road and Sprague Avenue intersection.
5. The TIA estimated costs for future development to be $365.50 per P.M. peak hour trip. It further
provides that approximately 80% of the P.M. peak hour traffic from the 130 lots of the Project will use
the Sprague Avenue and Barker Road intersection, for a total of 103.4 new P.M. peak hour trips, for a
resulting total fee of$37,792.00 to mitigate the direct impacts from the Project.
6. Pursuant to the Conditions of approval of the Hearing Examiner Decision, "[p]rior to the approval of
any final plat, the applicant shall enter into a development agreement with the City to make a
proportionate share contribution toward improvements at the intersection of Barker Road and Sprague
Avenue."
7. 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. Through the Hearing Examiner
Decision, the City (1) has identified future transportation improvements necessitated by the Project; and
(2) has identified a reasonable relationship between impacts generated by the development of the Project
to the transportation system and the Developer's financial contribution toward those impacts.
8. To mitigate the direct impacts of the development of the Project upon transportation facilities as
identified in the Hearing Examiner Decision, the Parties are voluntarily entering into this Agreement
pursuant to RCW 82.02.020.
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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 of the Project. In the event of a material breach by the Developer of
this Agreement, which breach is not cured within 60 days' written notice of breach, all of the City's
obligations under this Agreement terminate, except as otherwise provided herein.
2. City Transportation Projects. The Hearing Examiner Decision identifies that the Project will impact
the intersection of Barker Road and Sprague Avenue within the City. The City may use the mitigation
contribution towards transportation improvement projects to improve the Barker Road and Sprague
Avenue intersection in the manner it determines is appropriate and necessary as identified on its TIP.
3. Mitigation Contribution.The Developer agrees to pay$365.50 per P.M.peak hour trip for 103.4 new
P.M.peak hour trips for a total of$37,792.00 to mitigate future traffic impacts resulting directly from the
Project.
4. Payment. The Developer shall pay the mitigation contribution to the City prior to Final Plat approval.
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 project(s) to improve the Barker Road and Sprague Avenue intersection. The City shall be entitled
to use the mitigation contribution for reimbursement from the mitigation fee reserve account for any
funds it may expend for the design, right-of-way acquisition, 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. 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
10210 East Sprague Avenue
Spokane Valley,WA 99206
Fax: (509)921-1008
Attn: City Manager
If to the Developer: KJLJ,LLC
322 North University Road,
Spokane Valley,WA 99206
7. Successors. This Agreement shall be binding on and inure to the benefit of the successors and the
assigns of the Parties.
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S. 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.
Executed this Cti day of `J v , 2017.
DEV LOPER:
By: ,,t„.. 1 .. Its: 'l" ` '
Na e: '\
STATE OF WASHINGTON )
)ss.
County of Spokane )
On this(day ofl 2017 before me, the undersi ned, a Not Public in and
for the State of Washington,duly commissioned and sworn,personally ap eared
to me known to be therVM429 n 'pl. \L
, the corporation that executbd 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 s ed the da and year in this certificate above written.
\\‘‘‘‘‘‘11t1! NOT• ' C, in and for the State of Washington,
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CITY OF SPOKANE VALLEY:
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rot- k Calhoun, City Manager
ATT T: APPROVED AS TO FORM:
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hristine Bainbridge, City Clerk Office of th6 1 y Attorney
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