1995, 04-11 Voluntary Mitigation Agreementat / 1 13- 5 SF Cheilefrs VC" Milt
with the County, as the "Parties."
WITNESSETH
9505150036
rot.1727Pasx 642
VOLUNTARY MITIGATION AGREEMENT
THIS AGREEMENT made and entered into this // day of 14Dx',/
199 c by and between SPOKANE COUNTY, a political subdivision/municipal
corporation of the State of Washington, hereinafter referred to as the "County," having
offices for the transaction of business at West 1116 Broadway, Spokane, Washington,
99260, and 4 4 &" D o G/ e,c < , a livdev, o cc a / , hereinafter
referred to as the "Develo er," having offices for the transaction of business or residing
, jointly referred to, along
037
WHEREAS, pursuant to the provisions of RCW Section 82.02.020 and chapter -
43.21C RCW (State Environmental Policy Act), Developers may enter into voluntary
agreements with counties that allow a payment in lieu of dedication of land or to mitigate
a direct impact that has been identified as a consequence of a proposed development,
subdivision or plat; and
WHEREAS, the Board of County Commissioners of Spokane County, has adopted
a policy that establishes a fee in lieu of dedication of land to mitigate direct impacts of
developments on publicly owned parks, open space and recreation facilities, in the
unincorporated areas of Spokane County; and
WHEREAS, the Developer desires to enter into a Voluntary Mitigation Agreement
to provide for the payment of a fee in lieu of dedication of land to mitigate direct impacts
that his/her/its development will cause on publicly owned parks, open space and
recreation facilities, in the unincorporated areas of Spokane County.
NOW, THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the Parties agree as follows:
1. The County and Developer agree that this Voluntary Mitigation Agreement
is a voluntary agreement which is reasonably necessary in order to mitigate
the direct impact on Spokane County's publicly owned parks, open space
and recreation facilities which will be caused by the development commonly
known as .Sf 999 - y y , hereinafter referred to as the "Development,"
in lieu of dedication of land for park purposes.
2. In exchange for the promises of the County as contained in this Voluntary
Mitigation Agreement, the Developer agrees to make payments to the
County as specified below.
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roL 1727rag 643
3. The County agrees that the performance of the conditions in this Voluntary
Mitigation Agreement by the Developer shall constitute mitigation and offset
of the adverse impacts of the Development to the County as it concems the
County's publicly owned parks, open space and recreation facilities.
Notification will be given to the Spokane County Planning Department by the
Spokane County Parks, Recreation and Fair Department that impacts to the
County's publicly owned parks, open space and recreation facilities from
this Development have been mitigated as a result of the Developer entering
into this Voluntary Mitigation Agreement.
4. Prior to or at the time of issuance of a building permit by the County for the
construction of a dwelling, placement of a mobile home, or construction of
a duplex or apartment complex, on the property within the Development, the
Developer or his successor shall pay in cash, check or credit card, to the
County a sum of:
A. $500.00 for each single family detached residential building
permit; or
B. $400.00 for each mobile home building permit; or
C. $350.00 per unit for duplex and/or multi -family apartment.
Said sum shall be paid to the Spokane County Department of Buildings or
its successor.
If for any reason whatsoever, the County does not collect the mitigation
payment provided for herein prior to or at the time of issuance of a building
permit, the Developer or his successor agree that the amount due shall be
a lien on the property collectable as provided by law.
5. Mitigation payment shall be used as follows:
A. Payments shall be held in a reserve account arid shall be
expended to fund the County's capital improvement needs for
park, open space and recreation facilities identified in an
adopted Capital Facilities Plan element of the County's
Comprehensive" Plan, which are reasonably necessary in
order to mitigate direct impacts as a consequence of the
Development on County publicly owned parks, open space
and recreation facilities. The Parties, as provided for in RCW
82.02.020, agree that the Developer's mitigation payment shall
be expended on capital improvement needs within the County
Commissioner District in which the Development exists:
•
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vot.1727nit • 644
B. The payments shall be expended in all cases within five years
of collection by the County.
C. Any payment not expended within five (5) years of collection
shall be refunded with interest at the rate applied to judgments
to the property owners of record at the time of the refund;
however, if the payment is not expended within five (5) years
due to delays attributable to the Developer or his successor,
the payment shall be refunded without interest.
6. The parties acknowledge that the provisions of this Voluntary Mitigation
Agreement may be affected by action of Spokane County in connection with
the approval of the Development. The Parties agree that if Spokane County
fails to approve the Development, this Agreement is null and void. The
parties further acknowledge that the execution of this Voluntary Mitigation
Agreement is not to be construed as any indication that the Development
will be favorably acted upon by any County hearing body.
7. In the event the Development is a short plat or subdivision, the short plat or
subdivision shall provide a covenant on the face of the short plat or
subdivision requiring the payment of the voluntary fee for each lot in the
short plat or final plat as provided for by this Voluntary Mitigation
Agreement.
8. The County shall execute any documents to release the covenant described
in this Voluntary Mitigation Agreement, if required by the Developer or his
successors and assigns, upon satisfaction of payment under this Voluntary
Mitigation Agreement.
9. This Agreement is made with reference and is intended to be construed in
accordance with the laws of the State of Washington. The Parties agree
-that venue for any suit brought under this Voluntary Mitigation Agreement
shall be exclusively in courts of competent jurisdiction within Spokane
County, Washington. Should any provision of this Agreement be declared
invalid, or in conflict with any law of the State of Washington, the validity of
all other provisions shall remain unaffected and in full force and effect.
Page-3
10. This Agreement shall constitute a covenant running with h�pr2prtylfiE, 645
described in Attachment `A" attached hereto and incorporated herein by
reference, and shall be binding upon and enure to the benefit of the heirs,
executors, administrators, successors and assigns of both Parties hereto.
This Agreement shall be recorded with the Spokane County Auditor by the
Developer.
11. 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.
COUNTY:
BOARD OF COU
COMMISSIONERS
OF SPO E!• , WASHINGTON
ven Hasson
ATTEST:
WILLIAM E. DO AHUE,
Clerk of _ =•ard
By
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rot.1727Put 646
DEVELOPER:
STATE OF WASHINGTON
: ss.
County of Spokane ►
On this day personally appeared before me /Z[i, ./f ]ilea; to me known to
be the individual(s) described in and who executed the within and foregoing
instrument, and acknowledged that he/she/they signed the same as his/her/their free
and voluntary act and deed, for the uses and purposes therein mentioned. c.- Jr.GIVEN under my hand and seal this //1!iday of DIC « , 199ii'
NOTARY PUBLIC in and for the State of
Washington, residing at S okane. My
commission expires: %1€o/QS .
(A a.warra.e)
Page - 5
DATE: November 29, 1994
SUBJECT: Preliininaz $hors=Plat;SP 29-94-
rnt.1727PAGE 647
Attached is a copy of the application and proposed preliminary Short Plat map submitted by
Lawrence Heller and David Bowers for the subdivision of approximately 35,575 square
feet into 2 lots for residential use and those uses permitted in the Urban Residential (UR-
3.5) zones.
Please review this proposal and return your comments and recommendations by December
13, 1994. If you have any questions regarding this file, you may contact me at 456-2205.
Please direct any written response to Doug Smith.
Thank you for your prompt attention.
rp
LIST PREVIOUS PLANNING DEPARTMENT ACTIONS INVOLVING THIS PROPERTY:
B . LEGAL INFORMATION:
LOCATION OF PROPOSAL: Z •� f 'Y 4%n / o /T yr, L
SECTION .2 6 TOWNSHIP :.S RANGE
NAME OF PUBLIC ROAD(S) PROVIDING ACCESS- 2 Y Z(
zL; 5,0 \i
WIDTH OF PROPERTY FRONTING ON PUBLIC ROAD: //a. '„s
DOES THE PROPOSAL HAVE ACCESS TO AN ARTERIAL OR PLANNED ARTERIAL (x) YES () NO
NAME(S) OF ARTERIAL ROADS ,7' '
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