21-112.00 Snow & Cordill I-90 Investments: Mirabeau Subarea I-90 Flex Voluntary Mitigation Agreement Contract No. 21-112
VOLUNTARY MITIGATION AGREEMENT-I-90 Flex
Snow& Cordill I-90 Investments,LLC
This Voluntary Mitigation Agreement ("Agreement") is entered into between Snow & Cordill 1-90
Investments, LLC, its successors and assigns ("Developer"), a Washington limited liability company,
having offices at 8120 E. Maringo Drive, Spokane, WA 99212,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 voluntary
financial contribution toward future transportation improvements that mitigate 21 PM Peak Hour Trips
generated from the proposed development in the Developer's commercial site plan for the Snow's Auto
Care Center in the Mirabeau Subarea of Spokane Valley.
2. Developer is the owner/developer of certain real property generally located in the Mirabeau Subarea at
12620 East Indiana Avenue(parcel45103.0252)as shown on Exhibit B (herein collectively referred to as
"Property").
3. Developer is proposing to renovate the existing 8,875 sf building as an auto care center(the"Project")
on the Property.
4. The Property and Project are located in area subject to the Mirabeau Infill Area as identified in SVMC
21.20.040(CX3).
5. The Property and Project have been included in the Mirabeau Subarea Study Update completed in
December, 2019(the"Study").The Study is attached to this document as Exhibit"A".
6. The Study has identified that the Property and Project will contribute to congestion along the Mirabeau
Parkway, Indiana Avenue,Trent Avenue,and Pines Road Corridors requiring traffic mitigation to achieve
transportation concurrency.
7. Pursuant to the Study,the Developer's required contribution to mitigate intersection congestion
associated with the Property and Project is$11,718 based on the 21 PM Peak Hour Trips from the Project
multiplied by a cost per PM Peak Hour trip of$558.
8. Pursuant to SVMC 21.20.040(C)(3)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.
Through the Study,the City has identified seven intersection deficiencies that arose as a direct result from
development in the Mirabeau Subarea, including the Project. The Parties have agreed that the mitigation
identified herein is reasonably necessary to mitigate the direct impacts from the Project.
9. To mitigate the direct impacts of the development of the Property upon the affected corridors 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 agree as follows:
Contract No. 21-112
7. Concurrencv: In accordance with the City's currently adopted concurrency standards and pursuant to
chapter 36.70A RCW, the PM peak hour trips mitigated herein shall be considered to have satisfied
concurrency for the development of the Property.
8. 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
Phone: (509)720-5000
Attn: City Engineer
If to the Developer: Snow&Cordill I-90 Investments, LLC
do Cary Snow
8120 E Maringo Drive
Spokane, WA 99212
9. Successors. This Agreement shall be binding on and inure to the benefit of the successors and the
assigns of the Parties.
10.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.
11. 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.
12. 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.
13. 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.
Contract No. 21-112
1.Voluntary Agreement. This Agreement, including all attached documents, is a voluntary mitigation
agreement pursuant to RCW 82.02.020,the Mirabeau Infill Development regulations, SVMC
21.20.040(C),and RCW 43.21C.229. The Developer's contribution is proportional to the impacts created
by the Developer's proposed development within the Study area. In the event of a material breach by the
Developer of this Agreement, which is not cured within 60 days of written notice of breach, all of the
City's obligations under this Agreement terminate, except as may otherwise be provided herein. In the
event this Agreement terminates due to a judicial finding of invalidity,material breach,or otherwise,the
City shall immediately refund the Developer for any mitigation payments unused by the City and the
City's obligations under this Agreement shall terminate.
2. Projects. The Study identifies intersection improvement projects at seven locations as identified below
to mitigate impacts from future development and maintain acceptable LOS. Specific project details and
estimates are discussed in the Study. Modifications or additions to the above referenced projects may be
made by the City based on future traffic patterns or unforeseen circumstances at no additional cost to the
Developer.
• Pines Rd/Indiana Ave • Sullivan Rd/Mission Ave
• Pines Rd/I-90 EB Ramps • Pines Rd/Sprague Ave
• Pines Rd/Mission Ave • Argonne Rd/Trent Ave
• Mirabeau Pkwy/Mansfield Ave
3. (A)Mitigation Contribution.The Developer agrees to pay$558 per PM peak hour trip as a reasonable
and proportionate amount to mitigate future traffic impacts resulting directly from development by the
Developer. This contribution shall fully satisfy traffic mitigation up to the total allotted 21 PM peak hour
trips as determined pursuant to applicable TGDLs at the time of development. Although the Study
identified the 1,973 PM peak hour trips allocable to the area, the Developer shall only be responsible for
the actual total number of PM peak hour trips from the Project. Any additional development or trips shall
be subject to additional mitigation. This Agreement covers the allocation of 21 PM peak hour trips and
associated mitigation costs per PM peak hour trip.
4. Payment. The Developer agrees to pay all of the above identified voluntary mitigation fees prior to
issuance of the building permit.
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 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 capital improvement identified in the study prior to the collection of the fees. The
mitigation fee payme nt 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. Source of Mitigation Fees. The City is authorized to collect impact fees pursuant to chapter 43.21 C
RCW, chapter 21.20 SVMC, including SVMC 21.20.040(C), and chapter 22.20 SVMC. The mitigation
fees collected from this agreement shall be used for capital improvements namely, the seven intersections
identified in the Mirabeau Subarea Study,which are directly impacted by the proposed development. This
mitigation fee may be used for design,right-of-way acquisition,and/or construction of improvements at the
intersections.
Contract No. 21-112
14. 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.
2dZ1
Executed this L / day of S h(y , [year].
DEVELOPER:
By: Its: /��.,n� c
Name:
STATE OF WASHINGTON )
)ss.
County of Spokane )
On this4lay of 2021 before me,the undersigned,a Notary Public in and
for the State of Washington,dull commissioned and sworn,personally appeared
to me known to be the rn of S b-eV o n l
,the corporation that exec ed the foregoing instrument, and ackno'v1edged 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 this certificate above
wren.
,r6cb
OTA' 'U LIC, in and for the State of ashington,residing at Va\i/vaY1. I�a
q
My commission expires: . \ - L
Printed Name CANDICE P HENDERSON
NOTARY PUBLIC#191323
STATE OF WASHINGTON •
COMMISSION EXPIRES
APRIL 9, 2025
CITY OF SPOKANE VALLEY:
r- ark Calhoun,City Manager
g
A r FEST: APPROVED AS TO FORM:
C stine Bainbridge,City Clerk Office o e City A orney