22-133.00 Lexington Homes: Elk Meadows Estates Traffic Mitigation 22'I3
VOLUNTARY MITIGATION AGREEMENT FOR ELK MEADOWS ESTATES
TRAFFIC MITIGATION
Lexington Homes-DRH,LLC do Jennifer Reiner
This Voluntary Mitigation Agreement ("Agreement") is entered into between Lexington Homes-DRH,
LLC, c/o Jennifer Reiner, its successors and assigns ("Developer"), a Washington corporation, having
offices at 1050 N. Argonne Rd., Suite 200, Spokane Valley, 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 financial
contribution toward the Pines Rd. (SR-27) / 16"' Ave. Intersection Improvement project that mitigates
increased traffic volumes generated by the development as proposed in the Developer's preliminary plat,
PE-2087-20.
2. Developer is the owner/developer of certain real property generally located within an area located west
and adjacent to SR-27 and south of 32nd Avenue, in the NE '/ Section 34, Township 25 North, Range 44
EVM in unincorporated Spokane County(herein collectively referred to as"Property").
3. The Property covers a total of 50 acres of land.
4. The Developer has requested approval of the preliminary plat identified as Elk Meadows Estates, a
residential development(herein collectively referred to as the "Development"), which will increase traffic
congestion and directly impact existing transportation infrastructure at the Pines Rd./16th Ave.intersection
located within the City. Voluntary mitigation of these impacts has been requested by the Developer as part
of the approval process for the preliminary plat pursuant to the traffic analysis review. As part of this
request, the following condition of approval was included in the Mitigated Determination of
Nonsignificance for approval of the preliminary plat:
CITY OF SPOKANE VALLEY:
1. Spokane Valley has determined that the project will contribute 114 PM peak hour trips to the
intersection at 16th Avenue & Pines Road/SR-27 as provided in the Revised Traffic Impact
Analysis (TIA) for the Development, dated June 21, 2021. The City and applicant agree that
the impacts from the Development contribute to and are a cause of necessary improvements at
the intersection. The need for improvements is in part due to traffic generated by the project.
As such, the City and applicant have agreed to a voluntary mitigation fee of $298,429.20
($2,617.80 per PM peak hour trip x 114 PM peak hour trips) which shall be paid by the
applicant as its proportionate contribution to the mitigation project in lieu of other
improvements.The voluntary mitigation fee is based on calculations provided by the developer
in the letter dated May 26, 2021 entitled Elk Meadow Estates TIA—Mitigation Pines Road
(SR-27) & 16'Avenue.
As provided in the TIA, there are not phases identified. The applicant may prorate the
voluntary mitigation fee based proposed project phasing for up to five (5) phases. Based on
the proposed number of units of 335 lots, a fee rate of$890.83 per lot may be applied. The
initial phase shall be a minimum of 60 lots for an initial fee of at least $53,450.01. The total
phasing may not exceed 5 phases. When the total lots developed reach 300, the remainder of
the voluntary mitigation fee shall be paid in full regardless of phasing.
This mitigation fee shall be used for design, right-of-way acquisition, and/or construction of
improvements at the intersections.
2. Prior to any final plat,the applicant shall enter into a voluntary mitigation agreement with the
City of Spokane Valley to make the proportionate share contribution towards improvements at
the intersection and shall pay the City the voluntary mitigation fee of up to $298,429.20
($2,617.80 per PM peak hour trip x 114 PM peak hour trips).
5. The Parties intend to enter into an Agreement which provides for the voluntary payment of a
proportionate share of improvements deemed necessary at the intersection of SR-27 at Pines Road and 16th
Avenue,which are a direct result of traffic impacts associated with the Development.
6.The Parties have agreed that the proportionate share of improvements for Elk Meadows Estates shall be
paid prior to approval of the final plat.
7. The Parties have agreed that the voluntary mitigation fee is appropriately established for improvements
deemed necessary based on calculations provided by the developer in the letter dated May 26,2021 entitled
Elk Meadow Estates TIA—Mitigation Pines Road(SR-27)& 16th Avenue. The cost for the improvements
has been identified to be$2,617.80 per PM peak hour trip.
8. The Developer has identified 335 lots for single family dwellings in the low density residential zone as
proposed in the preliminary plat. Page 8 of the Revised Traffic Impact Analysis(TIA)for the Development,
dated June 22, 2021, states that 35 percent of the trips generated by the Development are anticipated to
travel to/from the north of the Property via SR-27 and 16th Avenue towards Spokane Valley. Table 5 of the
TIA identifies 205 PM peak hour trips entering the property and 120 PM peak hour trips exiting the Property
thereby traveling through the intersection of SR-27 at Pines Road and 16th Avenue totaling 114 PM peak
hour trips traversing the intersection. Accordingly, the parties agree that Developer is responsible for a
maximum of$298,429.20 for mitigation($2,617.80 per PM peak hour trip x 114 PM peak hour trips).
9. 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. The Parties (1) have identified
transportation improvements necessitated by the planned development of the Property; and (2) have
identified a reasonable relationship between impacts generated by the development of the Property to the
transportation system and the Developer's financial contribution toward those impacts.
10. To mitigate the direct impacts of the development of the Property upon transportation facilities as
identified in the document entitled Elk Meadow Estates TIA — Mitigation Pines Road (SR-27) & 16th
Avenue,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 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 and reasonably necessary to
mitigate the traffic impacts created by the Developer's new development. In the event this Agreement is
breached by the Developer,all of the City's obligations under this Agreement shall terminate. In the event
this Agreement is determined by a court to be invalid,the City shall refund the Developer the unexpended
portion of the voluntary mitigation payment, and the City's obligations under this Agreement shall
terminate.
2. Proiects. The Parties agree that the mitigation payment shall be expended by the City on improvements
at the directly impacted intersection of 16"'Avenue&Pines Road/SR-27, including the Pines Rd. (SR-27)
/ 16"' Ave. Intersection Improvement project and all necessary components of improvements, as deemed
appropriate by the City of Spokane Valley.
3. Mitigation Contribution. The voluntary mitigation fee shall be based on calculations provided by the
developer in the letter dated May 26, 2021 entitled Elk Meadow Estates TIA—Mitigation Pines Road(SR-
27) & 16th Avenue. The Developer agrees to pay $2,617.80 per PM peak hour trip or $890.83 per lot to
mitigate traffic impacts resulting directly from development by the Developer on the intersection of SR-27
at Pines Road and 16th Avenue. Said fee is based on an estimate of 114 trips generated by 335 lots
anticipated to travel to/from the Property via the affected intersection at a rate of$2,617.80 per PM peak
hour trip or$890.83 per lot. Accordingly, the parties agree that Developer is responsible for$298,429.20
for mitigation($2,617.20 per PM peak hour trip x 114 PM peak hour trips or$890.83 per lot for 335 lots).
4. Payment. The Developer agrees to pay all of the above identified voluntary mitigation payments as
follows:
a. In the event a final plat is submitted for approval for all of the Development,the mitigation payment
shall be calculated by multiplying the number of lots in the final plat,times the$890.83 per lot traffic
mitigation fee. Payment of this calculated traffic mitigation fee shall be a condition precedent to the
approval and/or recording of a final plat encompassing all of the Development;
b. In the event a final plat is submitted for approval for only a portion or phase of the Development,the
mitigation fee for that discreet portion or phase shall be calculated by multiplying the number of lots
submitted for final plat approval, times the $890.83 per lot traffic mitigation fee. Payment of this
pro-rated traffic mitigation fee shall be a condition precedent to the approval and/or recording of a
final plat for portion or phase of the Development;
c. When the total lots developed reach 300,the remainder of the voluntary mitigation fee shall be paid
in full regardless of phasing; and
d. It is understood that even if the Development has a preliminary plat approval for 335 lots, it is
possible that that actual number of lots submitted for final plat may deviate from 335 lots and, in that
event,the total peak hour trips generated by the Development and total traffic mitigation fee paid by
the Developer will be adjusted accordingly.
Payments for Elk Meadows Estates impacts shall be paid within 30 days after receiving notice from the
City,and 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, construction, and
other related components of the projects identified, and agreed to by the Parties in section 2 of this
Agreement. The City shall be entitled to reimbursement from the mitigation fee reserve account for any
funds it may expend for the design 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.
Pursuant to RCW 82.02.020, 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; however, if the payment is not
expended within five years due to delay attributable to the Developer,the payment shall be refunded without
interest
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) 720-5075
Attn: City Manager
If to the Developer: Lexington Homes-DRH, LLC
c/o Jennifer Reiner
1050 N. Argonne Rd., Suite 200
Spokane Valley,WA 99212
7. Successors.This Agreement shall be binding on and inure to the benefit of the successors and the assigns
of the Parties.
8. 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 i day of � , 2022.
DEVELOPER:11 /n (�
By J JV I M. Its: oIL.Lke,O.;kr \I V"' Jiy4
Name:
STATE OF WASHINGTON )
) ss.
County of Spokane nn )
On this_day of LAC/u Si !/' 2022 before me, the undersigned, a Notary Public in Sand
for the State of Washington,duly commissi ed an sworn,personally appeared Cn n i� lees
rr
to me known to be the V k c - rrv4•ic ert — of Lexfrls-Fen F4mtc - D[z.t1
,the corporation that executed 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.
0 11111/4
WITNESS`caj)'1ar�ldyt fcltj9,l seal hereto aff the day and year in this certificate above written.
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4 NN'r NOTARY PUBLIC, in and for the State of Washington,
:2 NOTARY w: residing at SpoKar,el Wfc
N=• PUBLIC if 2 My commission expires: 05 / Z -/ 2v23
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�i �<t`•'•M.NO �''�C?`��. Printed Name
OF WASN �•%
CITY OF SPOKANE4/►tlb O
Jo Hohman, City Manager
ATT S . r APPROVE I AS TO
FORM:
Christine Bainbridge, City Clerk dire of the City Attorney