5194674 Agreement, Mitigation Pines/Mansfield ConstructionRETURN ADDRESS
City of Spokane Valley
11707 E. Sprague Ave
Spokane Valley, WA 99206
Attn: Chris Bainbridge, City Clerk
Please Type or Print Neatly & Clearly All Information
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5194674
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Spokam Co, WA
Document Title(s): Mitigation Agreement SR 27 (Pines Road) Mansfield Road Construction Project
Reference Number(s) of Related Documents
Grantor(s) (Last Name, First & Middle Initial)
Developer: A & A Construction & Development, Inc.
Grantee(s) (Last Name, First & Middle Initial)
Mitigation Agreement with Developer noted above and City of Spokane Valley
Legal Description (Abbreviated form is acceptable) i.e. S,ection/Township/Range/1M Section
Certain real property generally located within the SR 27 (Pines Road) and Mansfield Road corridor north
of Interstate 90:
45103.0205 Assessor's PL 6 B4-5
45103.0206 Assessor's PL 6 B6
45103.0208 Assessor's PL 6 W1/2 B7
Assessor's Tax Parcel ID Number: see above
The County Auditor will rely on the information provided on this form. Tho Staff will not read the document to verify the Accuracy or
completeness of the indexing information provided herein.
Sign below only if your document is Non -Standard.
I am requesting an emergency non-standard recording for an additional fee as provided in RCW 36.18.010. I understand that the
recording processing requirements may cover up or otherwise obscure some parts of the text of the original document. Fee for non-
standard grgcessing is $50.
ature of Requesting Party
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5194674
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Spokane Co, WA
MITIGATION ION AGREEMENT
SR 27 (PINES ROAD)1 MANSFIELD ROAD cON T u TIoN PROIECT•
This Mitigation Agreement ("Agreement") is entered into by and between A & A
Construction & Development, !ne. ("Developer"), a Washington Corporation, having
offices for the transaction of business at 202 E. Trent Avenue, Suite 400, Spokane,
Washington 99202, and the City of Spokane Valley ("City"), a political subdivision of the
State of Washington, hereinafter jointly referred to as "Parties":
RECITALS
1_ The City, in cooperation with Spokane County and the Washington State
Department of Transportation, is planning to design and construct improvements to the
SR 27 (Pines Road) and Mansfield Road corridor with. Transportation Partnership
Program CIPP) grant funds from the Transportation Improvement board (TM) and
Congestion Management/Air Quality (CMAQ) grant funds from the Spokane Regional
Transportation Council RT)_ The name of the project is the Pines/Mansfield Corridor
Congestion Relief~ Project ("Project") and the purpose of this project is to alleviate
existing and future traffic congestion in this area
The Project will reconfigure the WVB rainps of 1-90 at SR-27 (Pines Rd.), using the
existing slip ramps to indiana Ave_ and Montgomery Ave. WB off ramp traffic will use
the slip ramp to a s 1palized intersection at indiana Ave_ WJ3 on. -rasp traffic will` use the
slip ramp at Montgomery Ave, To improve operation of the WB on -ramp and ensure
safety, the portion of iontgorrmery Ave. between Pines Rd. and the slip ramp will be one-
way, westbound only. Therefore, to provide access to Pines Rd_ for the properties west
of Poxes Rd., Mansfield Ave. will. be improved, with a traffic signal at the intersection of
Mansfield Ave. & Pines Rd. Curb, gutter, sidewalks and bike lanes will also be
constructed. In addition, a signal will be installed at the Mirabeau Pkwy & Pines Rd.
intersection to bring this intersection up to an acceptable level ofservice.
2. The Developer is the ownerldeveloper of certain. real property generally located
within the SR 27 (Pines Road) and Mansfield Road corridor north of Interstate 90 legally
described i.n. Exhibit "A" ("Property").
3. The Developer is developing the Property for residential and/or commercial uses
(the "Development.") which will increase traffic congestion and directly impact existing
transportation infrastructure along the Pines/Mansfleld corridor from and including the
ori.- and off -ramps at 1-90_ Mitigation of these impacts will be required as part of the
development of said property.
4. The Parties are desirous of entering into an Agreement which provides for the
payment of a proportionate share of the .Project in consideration for the allocation of a
specified number of P.M. Peak Hour trips and mitigation of traffic impacts associated
with the Development.
A&A Construction & De. went; Inc., Mitigation Agreement
Pines/Mansfield Road Construction Project
Page 2 of 6
5. The Developer recognizes the need to improve the traffic congestion in the
Pines/Mansfield corridor and has agreed to financially participate in the Project by
contributing a pro -raga share of the required local matching funds. The Developer's pro-
rata share is based on the total number of trips previously estimated for the Development.
6. Pursuant to RCW 43.21 C.060, and 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 City (1) has identified future road projects necessitated by
planned development in certain areas of the City; and (2) has identified a reasonable
relationship between impacts generated by the Development to the transportation system
and the financial contribution toward those impacts.
7. To mitigate the direct impacts of the Development upon existing transportation
facilities, the Parties are voluntarily entering into this Agreement pursuant to RCW
82.02.020.
8. It is intended that this Agreement provide funds in order to mitigate the direct
traffic -related impacts of the Development upon the environment which have been
identified through the SEPA review process and documented in the City File No. REZ-
06-04.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants and conditions hereafter
set forth, the. Developer and the City hereto agree as follows:
1. Voluntary Agreement. This Agreement, including all attached documents, is a
voluntary agreement as that term is used in RCW 82.02.020. The mitigation fees
charged herein are proportional to the traffic -related impacts generated by the
Development. The parties acknowledge that the capital project is reasonably
necessary to mitigate the direct traffic impact of the Development. In the event this
mitigation agreement is determined by a court to be null and void the City shall
refund the unexpended portion of mitigation fees. Following a termination of this
agreement the Developer shall, as reasonably required, mitigate the direct traffic
impacts of the Development through the Stale Environmental Policy Act.
2. Project Funds. The Project is being funded from several sources including, the
Washington State Department of Transportation (WSDOT), the TIB, the SRTC, the
City, and private developers. Funds from. WSDOT, TIB, SRTC and the City have
been obligated. See "Exhibit B".
P;Wublic WorludCnpin! ProjectaiasALscsfzet&Viligation Agreercen;sMitigtiun AgreennentstMIT GAT1GV AGREEMENT A & A Cocs7..thx
-0.
A&A Construction & De J :nt, Inc., Mitigation Agreement " c
Pines/Mans .Meld Road Construe ion Project Page 3 of 6 ��
3. Mitigation Fee. The Developer shall pay $60,388 ($303.46 per P.M. Peak Hour trip), °) o
a c� a
which has been determined to be the Developer's contribution to the Project for �� ¢'
mitigation of future traffic impacts related to the Development. This traffic -
mitigation fee shall be expended towards the design, right-of-way acquisition, and
construction. of the Project.
4. Payment To begin the design of the Project, the Developer agrees to pay all, or at
least 20% of its mitigation fee no later than February 25, 2005. A letter of credit,
savings assignment, set -aside letter, or other appropriate mechanism that gives the
City a unilateral right to access the funds pursuant to this agreement from a financial
institution shall also be provided to the City no later than February 25, 2005 for the
remaining 80% of the Developer's mitigation fee. The remaining 80% of the
Developer's mitigation fee shall be collected by the City no later than 90-days prior to
the Project bid date for construction. The City will notify the Developer of the
Project bid date when it i.s determined. All fees paid by the Developer shall be used as
a portion of the local match required for the TDB and SRTC grants related to the
design, right-of-way acquisition, and construction of the Project.
5. Site :Development. Building permits will be issued for the Development when 1) this
agreement has been executed by the Developer and the City, and 2) the Developer's
mitigation fees have been paid in accordance with Section 4 above, and 3) all other
conditions of approval of the Development required by stateiand local laws are
satisfied.
Execution of this agreement releases the Developer from the requirement of
constructing :frontage improvements on the Property, provided said frontage
improvements are included in the Project. If frontage improvements are not included
in the Project, the Developer is responsible for constructing frontage improvements in
addition to paying the mitigation fees.
6. Compliance with RCW 82.02.020. Payment collected by the City will be held in a
mitigation fee reserve account and may only be expended to fund the design, right-of-
way way acquisition, and construction of the Project. Payments shall be expended within
"five years of collection. The City shall be entitled to reimbursement from the
mitigation fee reserve account for any funds it may expend for the design, right-of-
way acquisition, and construction of the Project prior to the collection of the fee. Any
funds in the mitigation fee reserve account not expended within five years shall be
refunded by the City with interest as provided in R.CW 82.02.020.
7. Committed P.M. Peak Hour Trips. The City agr.'ees to reserve within the Project
up to a total of 199 P.M. Peak Hour trips for the Property until the Development is
complete provided such. reservation complies with all federal, state and local laws at
the time application for a building permit is made. "Complete" is defined as having
received all governmental permits and approvals necessary to construct and
permanently occupy the Development. lithe total number of P.M. Peak IIour trips for
the Development exceeds the total number of reserved trips noted above, a new traffic
study shall be provided to determine if additional traffic mitigation is required.
P.Wub3c WorksiGapital Prajecair.es-MarzfiefaMaiyaliOn Agrcuncnt5U11tigrloo Agreement:MI 1GATION AGREEMENT A R A G),MACA
AAA Construction &17e .;nt, Inc., Mitigation Agreement
Pines/Mansfield Road Construction Project
Page 4 of 6
8. Con currency: In accordance with the City's adopted concurrency standards pursuant
to RCW 36.70A, the P.M. Peak [Tour trips mitigated herein shall be considered to
have satisfied concurrency for the Project from the Development as provided in
paragraph 7. Any remaining capacity shall be available to the general public.
9. 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 (1) delivered personally, (2) sent by facsimile transmission with an
additional copy mailed first class, or (3) 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
11.707 E. Sprague A-ve., Suite 106
Spokane Valley; \VA 99206
Fax: (509) 921.-1008
Attn: City Manager
If to the Developer:
Christopher Ashenbrener
A & A Construction & Development:, Inc.
202 E. Trent Avenue, Shute 400
Spokane, WA 99202
1.0. Successors. This Agreement shall be binding on and inure to the benefit of the
successors and the assigns of the Parties.
11. Covernine Law. This Agreement shall- be construed in accordance with the laws of
the State of Washington. Any action for enforcement of this Agreement shall be
brought in a court of competent jurisdiction in Spokane County, Washington or as
otherwise provided by statute.
1.2. 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
A.g eement.
13. 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.
14. 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. This
agreement shall meet the mitigation requirements for direct traffic -related impacts of
the Development within the Project limits as described in the Project description in
Section 1. of the Recitals and as identi_(ied and documented in the City File(s)
P?Public Wohs'pita] ProjeeisU ina \Srnsfidd.Jthisatioa Atpanscarte;Kitigatinn A+geememstiMl7SCATION AGREEMEYT A & A Conu..doc
Th
A&A Construction &.DL � mt Inc., Mitigation Agreement
Pines/Mansfield Road Construction Project
Page 5 of 6
referenced in Section 8 of the Recitals. This agreement shall not supersede any other
conditions of approval not directly related to traffic -related impacts of the
Development within the Project limits.
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 sarne.
15. 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.
11111111
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1':VitbI c A'otkeleapisal ProjrxtftPines-Muttfield' it4ttion A,p-eementstMttivion AgeementiMJT GAT1ON AGREEMENT A & A Coast..doc
A&A Construction ti. D. ;Ircnt, Inc., Mitigation Agreement
Pines/Mansfield Road Construction Project
Page6of6
IN WITNESS WHEREOF, the Parties have executed this Agreement this ,,2,5-'' 4tay of
, 2005.
DEVELOPER:
A & A Construction & Development, Inc.
Name:
STATE OF WASI-IINGITON
County of Spokane
On this day of.
) ss.
Its:
i'
2005 before me, the
undersigned, a Notary Pub1if'm! and for A/�State of W lshington, duly commissioned and
s»orn verso a peared (� �S bnkt.L9tell(. ' to me known to be the
1G1-f�� of 4-- 4/4a the
corporation that executed the oregoing 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
certificate aboxitOthilt Ntri//,
`�, c,• ..ssto;r • f •; 9i<%
.1 `''.t9 'yZ'.
_*:• wizf :*�
'',�p . �,;'UA�Ya..00 AO
CITY OF SPOKANE VALLEY:
David Mercier, City Manager
Chris Bainbri.* ge, City Cler
seal hereto affixed the day
NOTAR
Washingtosiding at
My commission expires:
Printed Narne
and year in this
and for the State of
,
eafO- ' : AS TO FT GRIM
riskell, uty City Attorney
—�Y
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PANES: 5: Works :sl Pro*LikE`ina-Mansf eltMitigalion AR; ctmains5A 1tjcsni:n AjrrctovusWI'I•IGA'I'IGN AGREE V4;NT A & A Cons.,dec
Exhibit "A"
Mansfield
a
45103.0205
45103.020645103.020E1
Indiana
45103.0205
ASSESSORS PL 6 B4-5
45103.0206
ASSESSORS PL 6 B6
45103.0208
ASSESSORS PL 6 W1/2 B7
IILILI11JTUJJ1 J'JIK1' 1 lIflhI
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"
Extt ibit 'B'
Pines/Mansfield Cost Estimate
PE ROW Construction Totals
City Portion - Mansfield Ave. (3-lane Section)
Preliminary Engineering $75,622
Soils Investigation $15,000
Right-of-way $600, 000
Project Signing $2,000
Contingencies - 10% S75,622
Construction Engineering - 10% $75,622
Construction - 10% $756,220
Environmental/Misc. Eng $16,393
Subtotals
WSDOT Portion
$107,015 $600,000 $909,464 $1,616;479
Design Engineering $200,000
Right-of-way (Euclid) $25,000
ROW - Pines $100,000
Construction $1,570,464 •
Contingencies $65,745
Sales Tax - 8.1% $123,158
Construction Engineering 16% $262,979
Subtotals $200,000 $125,000 $ 2,022,346.00 52,347,346
TOTAL
$307,015 $725,000 $2,931,810 53,963,825
Added $50,000 per revised estimate from WSDOT for additional flagging required at RR crossing.
TI13 $ 2,193,561 55%
Developers $ 499,795 13%
City $ 55,000 1 %
WSDOT $ 55,000 1 %
CMAO $ 1,160,500 29%
Total $ 3,963,856 100%
ij.jiiiIqJ IIJ 11
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