22-235.00 Neighborly Ventures: Voluntary Mitigation Agreement ��-Z.3
VOLUNTARY MITIGATION AGREEMENT FOR NEIGHBORLY VENTURES
TRAFFIC MITIGATION
Neighborly Development,LLC
This Voluntary Mitigation Agreement ("Agreement") is entered into between Neighborly Development,
LLC, its successors and assigns ("Developer"), an Oregon limited liability company, having offices
at 2925 River Road South, Suite 100, Salem OR 97302, 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 Sprague Ave. /Barker Rd. Intersection Improvement Project and the Barker Rd.
Improvements — Appleway to I-90 project to mitigate increased traffic volumes generated by the
development as proposed in the Developer's permit application BSP-2022-0004 in the City of Liberty
Lake.
2. Developer is the owner and/or developer of certain real property generally located within an area
located south and adjacent to Country Vista Drive and west and adjacent to Kramer Parkway, identified
as parcel number 55165.9003 in the City of Liberty Lake(the"Property").
3.The Property covers a total of approximately 21.43 acres of land.
4.The Developer has requested approval of the binding site plan associated with the Neighborly Ventures
development,a commercial development(the"Development"), which will increase traffic congestion and
directly impact existing transportation infrastructure at the intersections of Sprague Ave./Barker Rd. and
Appleway Ave./Barker Rd.located within the City. Mitigation of these impacts has been required as part
of the approval process pursuant to the Development's State Environmental Policy Act("SEPA") review
conducted by the City of Liberty Lake. As part of this requirement,the following mitigating measure was
included in the SEPA amended mitigated determination of non-significance dated December 12,2022,for
approval of the final binding site plan:
As noted, the Applicant shall enter into a voluntary mitigation agreement with
the City of Spokane Valley to make their contribution towards improvements
along the South Barker Road Corridor and shall pay the COSV the voluntary
mitigation fee of$146,900. This value derived from the TSI memorandum dated
August 18,2022.
Spokane Valley has determined that the Development will contribute 144 PM peak hour trips to the
intersection at Appleway Avenue and Barker Road and 20 PM peak hour trips to the intersection of
Sprague Avenue and Barker Road as provided in the Technical Memorandum completed by
Transportation Solutions Incorporated (TSI) dated August 18, 2022, which the Developer does not
dispute. The City and the Developer agree that the traffic generated by the project causes direct impacts
at the identified intersections. As such, the City and the Developer agree to a voluntary mitigation fee of
$146,900 (5.27% of the Appleway/Barker mitigation project and 1.53% of the Sprague/Barker mitigation
project based on the Development's share of intersection volumes) which shall be paid by the Developer
as its proportionate contribution to the mitigation projects at said intersections.
5. This Agreement provides for the voluntary payment of a proportionate share of improvements as a
direct result of the traffic impacts associated with the Development at the intersections of Appleway
Avenue/Barker Road and Sprague Avenue/Barker Road, in an amount that the Parties agree and
acknowledge is reasonably necessary.
6. The Parties agree that the payment by the Developer shall be made prior to issuance of the approval of
the final binding site plan.
7. The Parties agree that the voluntary mitigation fee identified by TSI in the Technical Memorandum
developed as part of the SEPA review dated August 18, 2022, is appropriate to mitigate the impacts
directly attributable to the Development in the amount of$146,900.
8. 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 impacts generated by the planned development of the Property; and (2) have identified a
reasonable relationship between impacts generated as a consequence of the development of the Property
to the City's transportation system and the Developer's financial contribution toward those impacts.
9. To mitigate the direct impacts of the development of the Property upon transportation facilities as
identified in the document entitled Neighborly Ventures Project Transportation Impacts Technical
Memorandum,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:
1.Voluntary Agreement. This is a voluntary agreement pursuant to RCW 82.02.020. The Parties agree
and acknowledge that the Developer's mitigation payment is freely and voluntarily made as a contribution
proportional to and reasonably necessary to mitigate the direct traffic impacts created by the
Development. The Developer agrees that the payment established by this Agreement is consistent with
the requirements of RCW 82.02.020. Developer, or any of its assignees or affiliated or related parties,
shall not assert or claim in any venue: (1)that the City lacked a legal basis for imposing this agreed-upon
payment; (2) that this payment lacked sufficient nexus or proportionality with the identified impacts of
the Development; or(3) that the payment was greater than if the mitigation measure had been calculated
using alternative rationales or formulae.
2.Projects. The Parties agree that the mitigation payment shall be expended by the City on improvements
at either or both of the directly impacted intersections of Appleway Avenue at Barker Road and Sprague
Avenue at Barker Road, including the Barker Rd. Improvements — Appleway to 1-90, Sprague Ave. /
Barker Rd. Intersection Improvement Project, and all necessary components of improvements, as deemed
appropriate by the City of Spokane Valley. The City may allocate all or any part of the mitigation
payment to any component of improvements at either or both intersections as determined appropriate by
the City in its sole discretion.
3. Mitigation Contribution. The voluntary mitigation fee is based on calculations provided by the City
in the Technical Memorandum by TSI dated August 18, 2022, entitled Neighborly Ventures Project
Transportation Impacts. The Developer agrees to pay $146,900 to mitigate traffic impacts resulting
directly from the Development on the intersections of Appleway Avenue at Barker Road and Sprague
Avenue at Barker Road. Said fee is based on an estimate of 5.27% cost participation toward the
Appleway/Barker improvements and 1.53% cost participation toward the Sprague/Barker improvements,
based on the Development's share of intersection volumes.
4.Payment. The Developer agrees to pay all of the above identified voluntary mitigation payments prior
to the issuance of a final binding site plan for the Development.
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 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: Neighborly Development,LLC
do Brian Moore
2925 River Road South, Suite 100
Salem,OR 97302
7.Covenant Running with the Land; Successors.This Agreement and its component elements shall be
covenants running with the land. This Agreement shall be binding on and inure to the benefit of the
successors and the assigns of the Developer,including all subsequent purchasers,lessees,or lessors.
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 of the State of Washington for Spokane County, unless
otherwise required by applicable federal or state law.
9. Modifications. No modification or amendment of this Agreement shall be valid unless 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. Entire Agreement.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. The Parties have each had the opportunity to be fully advised by
their legal counsel and any other advisors with respect hereto. Each party is executing this Agreement
after sufficient review and understanding of its contents.
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.
13. No Third Party Beneficiary;. This Agreement is made and entered into for the sole protection and
benefit of the Parties hereto and their successors and assigns. In the event of any action or suit brought
against the City related to or arising from this Agreement,the Developer agrees to appear in said action or
suit and actively cooperate with the City in the defense of the enforceability of this Agreement and each
of its terms as set forth herein.
14. Severability. The provisions of this Agreement are separate and severable. The invalidity of any
clause,sentence,paragraph, subdivision,section,or portion of this Agreement shall not affect the validity
of the remainder of this Agreement or the validity of its application to other persons or circumstance.
15. Attorneys' Fees. In the event that either Party initiates any action to enforce the terms of this
Agreement, the substantially prevailing party, including on appeal, shall be entitled to reasonable costs
and attorneys' fees and expert witness fees incurred therein.
Executed this 77 day of 61rePalei— ,2022.
DEVEL ER: Ale.tqit j` beilejr LGG
By: 7 Its: C.+r-VQtt?'ZC.41— Dr/V(° y
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STATE OF 0ret\nn )
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County of ?p t )
On this_day of 4,1 Pecs m b e( 2022 before me, the undersigned, a Notary Public in and
for the State of Oregon,duly commissioned an vorh ixersonall appeared 5 r i an Ill uO
ol r�C
to me known to be the&Myr ceejr .r eff (e rn cm ber' e+ n eroh borty aktivprYw't"
L L C. , 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.
WITNESS my hand and official seal hereto affixed the day and year in this certificate above written.
7r�(ti � .1LLL C/LO1JL
OFFICIAL STAMP OTARY PUBLIC,in and for th State of Oregon,
r` _`- ? YUNMEE SARA CROSSLER-LAIRD residing at Mart 0(‘ Good
�rAr NOTARY PUBLIC-OREGON
sr COMMISSION NO.1026926 My commission expires: Roo * ,o 21 a oa6
MY COMMISSION EXPIRES AUGUST 02,2026 u n me2 5A rr. Ci rr?Sb1_P r-L La rd
Printed Name
CITY OF SPOKANE VALLEY:
J hn Hohman,City Manager
ATTE . APPROVED AS T FORM:
'stine Bainbridge,City Clerk ce of the City Attorney