CO5-045 Hamilton, Thomas~~~
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RETURN 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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5194557
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SpoY.ane Co, fP,~
Document Title(s): Mitigation Agreement SR 27 (Pines Road) Mansfield Road Construction Project
Reference Number(s) of Related Documents
Grantor(s) (Last Name, First & fufiddle Initial}
Developer. Thomas Hamilton
Grantee(s) (Last Name, First & h9iddle Initial)
Mitigation Agreement evith Developer noted above and City of Spokane Valley
Legal DeSCriptl0n (Abbreviated form Is acceptable) i.e. SedionlTownshiplRangellJ4 Section
45102.9111 -10-25-44;S 30 RODS OF N 43 113 RODS OF W 60 RODS OF SW'/, OF NW'/< EXC S
290.00 FT OF W 450.00 FT 8 EXC S 132.00 FT OF E 125.00 FT &EXC CO RDS
Assessor's Tax Parcel ID Number: 45102.9111
The County Auditor will rely on the Information provided on this form. The Stag vri[I not read tho 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 RCV~J 36.18.010. I understand that the
recording processing requirements may cover up or othervrise obscure some parts of the text of the original document. Fee for non-
standard pr cessing is S50.
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Signature of Requesting Party '/
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IUI~NT, i Y K~ ~ Spokane Cfl, {dA
1`~[TI:GA`I':CON AGREFA7ENT
SR 27 (PI'i lES ROAI:)) / I<71AI\'SF.IILD RQAD CONSTRUCTION PROJECT
`I"his Mitigation A.b eement ("Agreement") is entered into by and between
7fiomas Hamilton; ("L7cvcloper''); havuig offices :for the transaction of business at P O Box
14686, Spokane, «~ashngton 99214; and the City of Spokane Valley ("City"),apolitical
subdivision of the State of ~~'ashngton, hereinafter jointly referred to as "Parties":
RLCI`I'AT.,S
l . The City, in cooperation with Spokane County and the Washington State
Department of Transportation, is planning to design and ccroslruct improvements to the
SR 27 (Pines Road) and Mansfield load corridor with Transportation Partnership
Prograru (TPP) gran[ funds i'rom the Transportation linproven~ent Board (TII3) and
Congestion lvlanagemenilAir Quality (Ci\~U1Q) grant finds from the Spokaa~e Regional
Transportation Council (SRTC). 7'he name of the project is the Pines/Alansfield Corridor
Congestion Relief Project ("Project'') anal the purpose of this project is to alleviate
cYisting and .future traffc congestion in this area.
"1`he Project v~~i_ll reconi:igure the «~B ramps of I-90 at SR-27 (1'i.nes Rd.), using the
existing slip ramps to Indiana Ave. and Montgomery Ave. WB off-ramp traf_fc will use
the slip ramp to a signalir,.ed intersection at Indiana Ave. 1~VB on-ramp traffic ~~~ill use the
slip ramp at Montgomery Ave. To improve operation of the ~•Vl3 on-ramp and ensure
safely; the portion of Montgomery 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 Pines Rd., Mansfield Ave. will be improved, with a traflc signal at the intersection of
Mansfield Ave. & Pines Rd. Curb; gutter, sidewalks and bike lanes will also be
constructed. In addition, a signal ~~~11 be installed at the 1\tirabeau Pl.-uy R Pines Rd.
intersection to bring this intersection up to an acceptable level of service.
2. The Developer is the owner/developer of certain real property generally located
w~th.i,n the SR 27 (Pines load) and Mansfield Road corridor north of Interstate 90 legally
described in Exhibit: "A" ("Property").
3. I`he Developer is developing the Property for residential and/or commercial uses
(the "Development") u7hich will increase trafTc congestion and directly impact existing
transportation infrast<1~cture along the Pines/Mansfield corridor from and including the
on- and ofd=ramps at I-90. Mitigation of these impacts will be required as part of the
development of said property.
4. The Parties are desirous of entering i.uto an Agreement which provides for the
payrncnt of a proportionate share of the Project in consideration for the allocation o;f a
specified number of P.M. Leak IIour trips and mitigation of traffic impacts associated
with the Development.
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Thomas I-tamilton, Mamiltot_~-T~~rtments, Mitigation Agreement ~ - m r.
PinesC~Vlansfeld Road Construction 1'rojec;t Page 2 of G ~ j~
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5. the Developer recognizes the need to improve the traF7ic congestion in the ~ ~ a ° -
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Pines/Mansfield comdor and has agreed to financially pacticipaie in the Project by ~~ m
contributing apro-rata share of the required local matching funds. The Developer's pro-
rata share is based on the fatal number of trips pre~~iously estimated for the Development.
6. Pursuant to RC~V 43.210.060, and R_C~V 82.02.020, the City has the authority to ~ ~-
allow apayment to mitigate a direct impact that has been identified as a consequence of. a `
proposed development. The City (1) hits identified future road projects necessitated by ~,
planned development in certain areas o'f the City; and (2) has identified a reasonable ;~
relationship behvecn unpacts generated by the Development to the transportation system
and the financial contribution toward those impacts. j ~"`=-
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7. "1"o mitigate the direct impacts of the Development upon existing transportation _
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facilities, the Parties are voluntarily entering into this Agreement pursuant to RC~V ~~,
82.02.020.
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$. It is intended that this rlgrcemcnt provide funds in order to mitigate the direct
traffic-related impacts of the Development upon the environment which have been
identifed through the SFPA review process and documented in the City File
No. L<E-96-84c.
AC7RFEMENT
NO`V, THER1?.F0RE, in consideration of'the muhial covenants and conditions hercafier
set forth, the Developer and the, City hereto agree as hallows:
l . V[~luntary A~reen~ent. This Agreement, including all attached documents; is a
voluntary agreement as that term is used in RC~V 82.02.020. The mitigation fees
charged herein are proportional to the traffiic-related unpacts generated by the
Development. The parties acknowledge that the capital project is reasonably
necessary to mitigate the direct traffic impact ohthe 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 fFes. Following a termination of this
agreement the Developer shall., as reasonably required, mitigate the direct traffic
ill pacts of the Development tlixough the Slate Environmental Folicy Act.
2. Project Funds. 1"he Froject is being funded front several sources including, the
Washington State Department of Transportation (WS1aOT); the TIB, the SRTO, the
City, and private developers. Funds from ~VSL70T, TTB, SRTC and the City have
been obligated. See "Exhibit B".
3. M. iti~ation Fero. I'hc Developer shall pay $2$,525, ($303.46 per F.M. Peak Hour
trip); which has been detennincd to be the Developer's contribution to the Froject for
mitigation of future traffic impacts related to the Development. This traffic
mitigation fee shall be expended towards the design, right-of-tivay acquisition, and
construction. of the Project.
F:'dl~blie N'ix{:sVCspfca7 I'sojen>a'd'ina \'.nnsfieldlMitiga2iua gyoGnnunaLV~ltgaifon Agr~*~*~'\9i[IGhTI0~ AGItEFASEt,T Tam HaCt1110n,dac
Thomas T•Iarnilton, 1-Iamilro~~:~rilnents, Mitigation Agreement ~_J
fines/lyfansreld Road Constriction Project Page 3 of f
4. :I'ayment To begin the design of the Project; the Developer agrees to pay all., or at
least 20%~ o!: its mitigation fee no later than. February 25, 2005. A leftcr of credit,
savi.rtgs assignment; set-aside letter, or other appropriate mechanism that gives the
City a unilateral. right to access the fluids pursuant to this agreement from a financial
institution shall also be provided to the City no later than February 25, 2005 for the
remaining RO% of the Developer's nvtigation fee. The remaining 80% of the
lleveloper's mitigation fee shall be collected by the City no later than 90-days prior to
the Project bid dale fnr construction. The City will. notify the Teveloper of the
Project bid date when it is determined. All fees paid by the Taeveloper shall be used as
a portion of the local match required for the "'1''lE3 and SR.TC grams related tp the
design, right-of-~~vay acquisition, and construction of the Project.
5. Site llevelonn~ent. Building ptrrnits v,~ill be issued for the Development when 1) this
agreement has been executed by the Developer and the City, and 2) the Jaeveloper's
mitigation fees have been paid in accordance ~.vith Section 4 above, and 3) all other
conditions of approval of the Dcvelopraaent required by state and local laws are
satisfied.
I/xecution of this agreement releases the Developer from the requirement of
constructing feontage~ improvements on the Property, provided said frontage
improvements are included in the Project. if frontage improvements are not included
in the Project, the Uevelopez is responsible for constructing .frontage improvements in
addition. to paying the mitigation fees.
6. Compliance with :Ctrv~'~' 132.02.020. Payment collected by the City will beheld in a
mitigation fee reserve account and may only be expended to fund the design., right-of
way acquisition, and construction of the T'rojeck. Payments shall be expended t~~ith.i.n
i7ve years of collection. The City shall be entitled to reimbursement from the
mitigation fee reserve account for any funds it may expend 'r~r the design, ri~~ t-of-
way acquisition, aa~d construction of the Project prior to -the collection of the fee. Any
funds in the mitigation fee reserve accorwt not expended within five years shall be
refunded by the City with. interest as provided in RCW 82.02.020.
7. Committed P.NI. Peak Dour Trips. '(fie City agrees to reserve ~zthin the Project up
to a total. of. 94 P.lvl. 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 far a building permit is made. "Complete" is defined as having
received all governmental permits and approvals necessary to construct and
permanently occupy the Development. Tf the total number of P.M. Peak I-Tour trips for
the Development exceeds the total number of reserved trips noted above, a ne«~ trafCc
study shall be pro~Tided to determine if additional kraf_iic mitigation is required...
R. Concurrency: In accordance with the City's adopted concurrency standards pursuant
to RC~T-~ 3ta.70A, the P.M. P~~lc hour 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.
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P1Fu31it R'aclcdi(ap5n1 Frgjoetl~Pirta-A1~f'id3~\4itigatmn Agreerrr1s41.1iti,^yliiaei A~ntamtnle~A1R7GATtOT AG3lffi~1LI~T Taa fLienltaa.dot
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Thou-as Hamilton, Hamiltontl,~;'trtments, iVli[igacion Agreement ~`_._~
I~ines/Mansfield Road Construction Project Page ~ of 6
9. Notice: A.11 communications, notices or demands of any kind ~i~hich a party under
this Agreement is required or desires io give to any other party shall be in writing and
be either (1) delivered personal.l}', (2) sent by facsimile ttatrsmission with an
additional copy mailed first class, or (3) deposited in the U.S. mail, certif ed mail
postage prepaid, return receipt requested and addressed as follo~;~s:
.T.f to the Cil'y: City of Spokane Valley
11707 F. Sprague Ave., Suite 106
Spokane Valley; OVA 99206
1'aY: (509) 921-1008
Attn: City Manager
if to the Developer:
Thomas 1-Iamilton
PO Rox 14086
Spokane, R'A 99214
10. Successors. This Agreement shall be binding on and inr~rc to the benefit of the
successors and the assigns o:f the Parties.
11. C:overnin~ Law. This Agreement shall. be construed in accordaa~ce 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, ~~1~ashington or as
otherwise provided by statute.
1.2. Modifications. ~1o modification or. amendment of this Agreement shall be valid until
the same is reduced to writing anal executed with the same formalities as the present
Agreement.
l3. V1'aiver. Tzo 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.
1.4. Representation. °I"his Agreement forms a fully intc~ated agreement betwec;n the
Patties. 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 liereto. This
agreement shall meet the mitigation .requirements for direct traff c-related impacts of
the Development ~widiin the Project limits as described in the T'roject description in
Section 1 of the Recitals and as ideirtified and documented in the City File(s)
referenced i.D Se.ction 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.
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P:lYu6lic N'~ckshCapita- Prnlaas'J'ints \La:afialdlAfi!ignfiom ~r(acsY,IILS~N1IIi$ssiaa h~ceauali~MTTItiAT10N AGR£PJ.1F1Jf Tars k(a¢:ilWn.doa
Thomas Iaamilton, .Harniltor~~.p`.u~nents, Iviitigation .Agreement ~ `- -%
PinesMansfield Road Construction Project Page 5'of 6
A11 Parties have read and understand all of. the Agrecnient, and now state that no
representation, promise or agreement not expressed in the A;~reement has been made
to induce any Party to execute the same.
I ~. Authority. F3oth Parties to this Agreement represent and certiFy that they have full
aulhorit}~ and power to enter into and carry out this Agrceuient. The perons signing
this Agreement represent that they have authority to act for and bind their respective
principals.
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F~.'+PuLlic R'atlaUCspiial Pto}oci~'8ines-MansfieW~faigatiao Agramtms11.1icigption Agree¢~v_auU.fYiIGAi70N ACs~F,Fv,F4'TTec~IL~almn.doe
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Thomas Hamilton, Harnihoi~ •,~~~rtment~~, Mitigation agreement ~ ='
T'ines/Mansfield Road Construction Project: Pie 6 of G
]I~i WITNESS WHLI2EOF, the Parties have executed this Agreement this ~U~-day of
F~~~ R~ 2005.
llLVELQPEIt:
gy; Its:
omas Hamilton
II III I III I II IIIIII 5194557
°age~ 7 0£ 9
STATE OF W~S1-11NGTON ) T, I Y 63/i?4~~'G9S 0! ~ 33P
. Spokane Co, WA
ss.
Counl'y of Spokane ~ )
On this /(~ y4~ day of - ~ 2005 before me, khe
undersigned; a Notary Public i~n/and for the Stab of ~ rashington., duly a~mmissioned anal
swon~, personally appeared '/!~o /Yll1-S D. ~f} /h 1 L ro ~~ to me kno~~m to be the
D Gean~ ~ElZ of ~ the
ce~erxx17rn1-t.~hat excctrted the :foregoing instnianent, and acknowledged tl~e instrument to be
the free and voluntary act and deed of the corporation, l'or the uses and purposes therein
menkidned, and on oath staled that he is authorized to execute the instrument.
~UTTNFSS my hand and official seal hereio affircd the day and year in this
cf;rtificate above written.
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David Mercier, City Manager
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~l0 ARl' :. LIC, in and fopr tl~e State of
Washington, residing at /~ ~ ~i4-~l.L
My commission ex ire.~• ~ ~' 0
1~'rinted Name
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FORM:
13ai.nbridge; City Clerk
Cary
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Attorney
P:U'ublic N'p,--~SCnp::t1 Piejeet~inrs.Wmisti<ldJ~tnig)ti~n ABeetuects'Q.fitigstion gvJamenul\4lTI(lAT[Ol: AGRt~KEt~'r Tam liamltan.dx
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45102.9111
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45102.9111
10-25-44: S 30 RODS OF N 43 113 RODS OF Vt~ 60 RODS OF SW i/4 OF NW U4 EXC S 290.00 FT OF W
450.00 F•f' 8 EXC S 132.00 FT OF E 125.00 FT S~ EXC CO RDS
5194557
Page 8 of
J .YT, I K A3P2412065 01~33r
. _ Spokane Co, WA
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Pines/Mansfield Cost Estimate
PE ROW Construction Totals
City Portion -Mansfield Ave. (3-lane Section)
Pral'uninary Engineering $75,622
Soiis Investigation $15,000
Right-of-way Sfl00,000
Proiect Signing $2,000
Contingencies - 1096 575,622
Construciion Engineering - 1096 575,622 -
Construction - 10% $756,220
EnvironmentaUARisc. Eng 516,393 _
Subtotals 5907,0$5 $600,000 $909,464 $1,616,479
WSDOT Portion
Design Engineering $200,OD0
" Right~f-way (Euclid) 525,000
ROW -Pines $100,000
' Construction $1,570,464 '
Contingenaes 5$5,745
Saies Tax - 8.1 % $123,158
Construction Engineering 16°7~ $262,974 '
Subtotals $206,000 $125,000 $ ?.,022,346.00 $2.347.346
TOTAi_ $307,015 5725,000 52,931,810 ' 53,963,825
' Added 550,000 per revised es tima te from ~NSDOT for additional tlajging required at RR crossing.
TIB $ 2,193,S~o1 5550
Developers $ 499,785 1350
City $ 55,000 196
INSDOT $ 55,000 156
CNIAO $ 1.160,500 29°6
Tofal $ 3,963,655 10096
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5194557
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~3li?4/2~95 91~33P
V N T, I K ~, Spokane C~~~ WR